Kirschner et al v. DFA Investment Dimensions Group Inc US Core Equity 1 Portfolio et al
| Marc S Kirschner and Wilmington Savings Fund Society, FSB |
| Micro Cap Subtrust, Kenny Allan Troutt Separate Trust Estate, DFA Investment Dimensions Group Inc Tax-Managed US Targeted Value Portfolio, DFA Investment Dimensions Group Inc Tax-Managed US Small Cap Portfolio, DFA Investment Trust Company Tax-Managed US Marketwide Value Series, DFA US Vector Equity Fund, DFA Investment Dimensions Group Inc TA US Core Equity 2 Portfolio, HBK Master Fund L.P., DFA Australia Limited Global Core Equity Trust, DFA Investment Dimensions Group Inc US Targeted Value Portfolio, American Beacon Small Cap Value Fund, Tax-Managed US Equity Series, DFA US Core Equity Fund, Small Cap Value Subtrust, DFA Investment Dimensions Group Inc US Vector Equity Portfolio, U.S. Small Cap Subtrust, DFA Investment Dimensions Group Inc US Social Core Equity 2 Portfolio, Dimensional Funds PLC US Small Companies Fund, HBK Quantitative Strategies Master Fund LP, Nationwide US Targeted Value Strategy, DFA Investment Dimensions Group Inc US Small Cap Portfolio, Variable Annuity Life Insurance Company I- Small Cap Special Values Fund, USAA Extended Market Index Fund, DFA Investment Dimensions Group Inc US Micro Cap Portfolio, DFA Investment Dimensions Group Inc US Core Equity 1 Portfolio, Defendant TX-, Irish US Small Cap Fund, Variable Annuity Life Insurance Company I- Small Cap Index Fund, DFA Investment Dimensions Group Inc US Core Equity 2 Portfolio, Dimensional Funds PLC Global Targeted Value Fund and DFA Investment Dimensions Group Inc US Small Cap Value Portfolio |
| 1:2020cv04299 |
| June 5, 2020 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Other Statutory Actions |
| 28:1334 |
| Plaintiff |
Docket Report
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| Filing 61 MEMORANDUM OF LAW in Opposition re: (93 in 1:20-md-02941-JSR) MOTION to Dismiss Under the Section 546(e) Securities Safe Harbor on Behalf of Former Director and Officer Defendants. Plaintiffs' Memorandum of Law in Opposition to Former Director and Officer Defendants' Motion to Dismiss Under 11 U.S.C. 546(e). Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: #1 Appendix 1)Filed In Associated Cases: 1:20-md-02941-JSR et al..(Friedman, Edward) |
| Filing 60 MEMORANDUM OF LAW in Opposition re: (88 in 1:20-md-02941-JSR) MOTION to Dismiss Under the Safe Harbor of 11 U.S.C. 546(e) of Public Shareholder Defendants. Plaintiffs' Memorandum of Law in Opposition to Public Shareholder Defendants' Motion to Dismiss Under 11 U.S.C. 546(e). Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Friedman, Edward) |
| Filing 59 NOTICE OF APPEARANCE by Michael S. Doluisio on behalf of Bam Advisor Services, JHF II Strategic Equity Allocation Fund, JHVIT Small Cap Index Trust, JHVIT Small Cap Opportunities Trust, JHVIT Strategic Equity Allocation Trust, John Hancock II Strategic Equity Allocation Small Cap Fund, John Hancock U.S. Targeted Value Fund, John Hancock U.S. Targeted Value Trust, Manulife Financial, Manulife Investment Management (North America) LTD, Russell US Small Cap Equity Fund, Schwab Capital Trust, Schwab Fundamental US Small Company Index Fund, Schwab Small-Cap Index Fund, Schwab Total Stock Market Index Fund, Transamerica Asset Management, Inc., US Small Company Fund, USAA Extended Market Index Fund, Variable Annuity Life Insurance Company I- Small Cap Index Fund, Variable Annuity Life Insurance Company I- Small Cap Special Values Fund, JHVIT Small Cap Index Trust, JHVIT Small Cap Opportunities Trust, JHVIT Strategic Equity Allocation Trust, John Hancock II Strategic Equity Allocation Small Cap Fund, Manulife Investment Management (North America) LTD, Bam Advisor Services, SA U.S. Small Company Fund, SA U.S.Small Company Fund, John Hancock II Strategic Equity Allocation Small Cap Fund a/k/a John Hancock II SEA Small Cap. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Doluisio, Michael) |
| Filing 58 NOTICE OF APPEARANCE by Brian Christopher Raphel on behalf of USAA Extended Market Index Fund, Variable Annuity Life Insurance Company I- Small Cap Index Fund, Variable Annuity Life Insurance Company I- Small Cap Special Values Fund..(Raphel, Brian) |
Filing 57
ORDER: As per Paragraph 5 of the Order dated June 12, 2020, see ECF No. 20, the Clerk of the Court is directed to unseal the complaints, to the extent they are still sealed, in the actions 20-cv-4262, 20-cv-4265, 20-cv-4267, 20-cv-4286, 20-cv-4287, 20-cv-4289, 20-cv-4292, 20-cv-4299, 20-cv-4335, 20- cv-4346, 20-cv-4360, 20-cv-4404, 20-cv-4434, 20-cv-4436, 20-cv-4440, 20-cv-4479, 20-cv-4480, and 20-cv-4569 (but not the complaint in the 20-cv-4433 action) and replace any remaining pseudonyms with the corresponding names of the defendants contained in the captions of the complaints. Plaintiffs' counsel shall cooperate with the Clerk's Office in carrying out this process as promptly as possible. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/2/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (mml)
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Filing 56
ORDER: This Order addresses an additional housekeeping matter that has not been raised before. In the Order dated June 12, 2020, the Court, among other things, stated: "All counsel who had not appeared in an action prior to its transfer, and all counsel in actions filed originally in this district, must enter a notice of appearance in that action and in 20-MD-2941 and, if necessary, apply for admission pro hac vice." ECF No. 20, at 5. To further clarify, an attorney applying for admission pro hac vice should file such a motion in the 20-MD-2941 docket and "spread" the submission to all cases in which the attorney represents a party. The attorney shall be required to pay the pro hac vice fee for the equivalent of only one case. (Signed by Judge Jed S. Rakoff on 7/1/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (jwh)
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| Filing 55 MOTION for Joinder to Join the Former Director and Officer Defendants Motion to Dismiss and the Public Shareholder Defendants Motion to Dismiss. Document filed by Nicola Guarna, Robert Rodriguez, Robert Rodriguez.Filed In Associated Cases: 1:20-md-02941-JSR et al..(Brennan, Travis) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (142 in 1:20-cv-04346-JSR, 116 in 1:20-cv-04436-JSR, 76 in 1:20-cv-04286-JSR, 48 in 1:20-cv-04287-JSR, 68 in 1:20-md-02941-JSR, 79 in 1:20-cv-04292-JSR, 151 in 1:20-cv-04335-JSR, 96 in 1:20-cv-04262-JSR, 97 in 1:20-cv-04569-JSR) MOTION for Cliff C. Gardner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20465400. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:20-md-02941-JSR et al.(wb) |
| Filing 54 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HBK Master Fund L.P., HBK Quantitative Strategies Master Fund LP, HBK Master Fund L.P., HBK Quantitative Strategies Master Fund LP.Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04299-JSR.(Anker, Philip) |
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Filing 53
NOTICE OF WITHDRAW AL OF COUNSEL AND ORDER: Accordingly, pursuant to Local Civil Rule 1.4, the HBK Defendants respectfully request that the Court order the withdrawal of Daniel H. Gold. SO ORDERED. (Attorney Daniel H Gold terminated.) (Signed by Judge Jed S. Rakoff on 6/25/2020) Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04299-JSR (jwh)
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| Filing 52 NOTICE OF APPEARANCE by Marissa Rachel Parker on behalf of DFA Investment Dimensions Group Inc TA US Core Equity 2 Portfolio, DFA Investment Dimensions Group Inc Tax-Managed US Small Cap Portfolio, DFA Investment Dimensions Group Inc Tax-Managed US Targeted Value Portfolio, DFA Investment Dimensions Group Inc US Core Equity 1 Portfolio, DFA Investment Dimensions Group Inc US Core Equity 2 Portfolio, DFA Investment Dimensions Group Inc US Micro Cap Portfolio, DFA Investment Dimensions Group Inc US Small Cap Portfolio, DFA Investment Dimensions Group Inc US Small Cap Value Portfolio, DFA Investment Dimensions Group Inc US Social Core Equity 2 Portfolio, DFA Investment Dimensions Group Inc US Targeted Value Portfolio, DFA Investment Dimensions Group Inc US Vector Equity Portfolio, DFA Investment Trust Company Tax-Managed US Marketwide Value Series, DFA US Core Equity Fund, DFA US Vector Equity Fund. Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04299-JSR.(Parker, Marissa) |
| Filing 51 NOTICE OF APPEARANCE by Danielle Elizabeth Tepper on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Marc S Kirschner. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Tepper, Danielle) |
| Filing 50 NOTICE OF APPEARANCE by Priyanka Kishore Wityk on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Wityk, Priyanka) |
| Filing 49 NOTICE OF APPEARANCE by Shenghao Stan Chiueh on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Chiueh, Shenghao) |
| Filing 48 NOTICE OF APPEARANCE by Jeffrey Carl Fourmaux on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Fourmaux, Jeffrey) |
| Filing 47 NOTICE OF APPEARANCE by Andrew W. Goldwater on behalf of Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Marc S Kirschner, Marc S. Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Goldwater, Andrew) |
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Filing 46
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 6/22/2020) (va)
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| Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/12/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-md-02941-JSR et al..(McGuirk, Kelly) |
| Filing 44 TRANSCRIPT of Proceedings re: CONFERNECE held on 6/12/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/13/2020. Redacted Transcript Deadline set for 7/23/2020. Release of Transcript Restriction set for 9/21/2020.Filed In Associated Cases: 1:20-md-02941-JSR et al..(McGuirk, Kelly) |
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Filing 43
ORDER: Upon further consideration of the issues discussed during the telephonic conference held earlier today at 2:00 p.m., see Transcript dated June 12, 2020, the Court sets the following schedule for certain pretrial proceedings in these consolidated actions, and resolves various housekeeping matters in the following manner. 1. By Orders dated June 4, 2020 and June 9, 2020, the Court consolidated 15 cases under the MDL docket 20-MD-2941 for all pre-trial purposes. See 20-MD-2941, ECF Nos. 2, 3. The following four additional related actions are hereby consolidated with all 15 other actions under the MDL docket 20-MD-2941 for all pretrial purposes: Kirschner, et al. v. Robeco Capital Growth Funds - Robeco BP US Premium Equities, No. 20-cv-4479, Kirschner, et al. v. Schwab Capital Trust, No. 20-cv-4480, Kirschner v. Advisors Series Trust (Kellner Merger Fund), et al., No. 20-cv-4433, and Kirschner v. Voya Russell Small Cap Index Portfolio, et al., No. 20-cv-4434. 2. The Court hereby adopts the following (partial) Case Management Plan. (a) Briefs on any anticipated motions to dismiss must be filed on the following bifurcated schedule: (First Round) For any motion to dismiss relating to 546(e) of the Bankruptcy Code, briefs must be filed on the following schedule: (a) moving papers due June 29, 2020; (b) answering papers due July 27, 2020; and (c) reply papers due August 3, 2020. Oral argument on these motions shall be held on August 13, 2020, at 10:00 a.m. The Court will issue its decision on these motions in writing by no later than August 27, 2020. (Second Round) As to any action not dismissed after the First Round, any motion to dismiss on any other ground must be briefed on the following schedule: (a) moving papers due September 7, 2020; (b) answering papers due October 5, 2020; and (c) reply papers due October 12, 2020. Oral argument on the Second Round of motions will be held on October 21, 2020 at 2:00 p.m. The Court will issue its decision on these motions in writing by no later than November 4, 2020. (b) After plaintiffs' counsel serves those defendants who have not yet been served (which, based on plaintiffs' counsel's representation, the Court expects to be completed by no later than June 19, 2020), plaintiffs' counsel should promptly advise counsel for those defendants that the instant Order and schedule will apply to those defendants as well. If any of these defendants has any objection to that determination, their counsel, along with plaintiffs' counsel, must convene a joint telephonic conference with Chambers pursuant to Rules 1 and 2 of the Court's Individual Rules of Practice by no later than June 26, 2020. (c) These consolidated actions are not stayed after today, and any and all stays entered by district judges in the actions transferred from other districts are hereby lifted. Document discovery and interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the Southern District of New York may commence whenever the parties wish, provided that all such document and interrogatory discovery must be completed by November 4, 2020. In its order of November 4 (see above), the Court will set a schedule for deposition discovery and any summary judgment motion practice. 3. To the extent that the parties anticipate seeking confidential treatment for any discovery in this case, they must jointly submit a proposed protective order, substantially in compliance with Judge Rakoff's model protective order, by no later than June 22, 2020. To the extent that there are any conflicts between the confidentiality order to be entered into by the Court on or about June 22, 2020 and the confidentiality order, as amended, entered into by the Bankruptcy Court for the Southern District of New York in In re: Nine West Holdings, Inc., No. 18-10947 (SCC), ECF Nos. 972, 1471, and 1544 (Bankr. S.D.N.Y.), this Courts order will supersede the Bankruptcy Court's order. (If any party deems it necessary and so advises the Court, the Court will withdraw the reference in the aforesaid bankruptcy for the limited purpose of modifying that court's protective order.) 4. Two recently filed actions -- Kirschner v. Advisors Series Trust (Kellner Merger Fund), et al., No. 20-cv-4433, and Kirschner v. Voya Russell Small Cap Index Portfolio, et al., No. 20-cv-4434 -- were filed under seal at the request of plaintiffs' counsel. Plaintiffs' counsel has now advised the Court that 20-cv-4434 no longer needs to be kept under seal. Accordingly, the Clerk of the Court is hereby directed to unseal that action forthwith. As to the other action, the relevant parties are hereby directed to promptly consult with one another to see if this sealing should be lifted. In any event, the Court's present intention, unless convinced otherwise, is to unseal this remaining action on or shortly after June 22, 2020. 5. Inasmuch as it has been represented to the Court that the parties have now resolved the issues that had previously existed concerning the confidentiality of some documents (other than the 20-cv-4433 action referred to in #4) previously filed with the Court under seal, the Clerk of the Court is directed to unseal all such documents and to replace any remaining pseudonyms with the corresponding names of the defendants contained in the captions of the complaints. Plaintiffs' counsel shall cooperate with the Clerk's Office in carrying out this process as promptly as possible. 6. In accord with Rule 2.1(c) of the Procedure of the United States Judicial Panel on Multidistrict Litigation, all counsel who appeared in any of the actions prior to their transfer to this district may continue to represent his or her client and such client need not obtain local counsel. In addition, such counsel need not enter a notice of appearance, provided that they have entered one prior to the transfer, and need not apply for admission pro hac vice. 7. All counsel who had not appeared in an action prior to its transfer, and all counsel in actions filed originally in this district, must enter a notice of appearance in that action and in 20-MD-2941 and, if necessary, apply for admission pro hac vice, as further set forth in this Order. 10. Plaintiffs' unopposed pending motions to dismiss without prejudice Kirschner v. Card, et al., No. 20-cv-4360, and Wilmington Savings Fund Society, FSB v. Card, et al., No. 20-cv-4404, as duplicative of actions earlier commenced by the same plaintiff's against the same defendants and others, are hereby granted. SO ORDERED. (Motions due by 9/7/2020, Responses due by 10/5/2020, Replies due by 10/12/2020. Service due by 6/19/2020. Oral Argument set for 8/13/2020 at 10:00 AM before Judge Jed S. Rakoff. Oral Argument set for 10/21/2020 at 02:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 6/12/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (mml)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 1:20-md-02941-JSR. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-md-02941-JSR. (sjo) |
| Case Designated ECF. (sjo) |
| Filing 41 MDL CASE TRANSFERRED IN from the United States District Court - District of Texas Northern; Case Number: 3:20-cv-00374. Original file certified copy of transfer order and docket entries received. (sjo) |
| Filing 40 Transfer Order: The JPML has issued the attached order in MDL 2941, and that order has now been filed in the Southern District of New York. (mla) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 39 SUMMONS Returned Executed as to USAA Extended Market Index Fund ; served on 5/11/2020. (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
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Filing 38
ORDER: #37 Joint Motion to Partially Stay Proceedings Until June 30, 2020 is granted. Accordingly, the time: (a) for the defendants to answer, move, or otherwise respond to the Complaint; (b) for the parties to engage in counsel and court conferences pursuant to Rules 16(b) or 26(f); and (c) for the parties to make initial disclosures pursuant to Rule 26(a)(1) is stayed until June 30, 2020. (Ordered by Judge Sam A. Lindsay on 5/11/2020) (svc) [Transferred from Texas Northern on 6/5/2020.]
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| Filing 37 Joint MOTION to Stay Proceedings until June 30, 2020 filed by DFA Australia Limited Global Core Equity Trust, DFA Investment Dimensions Group Inc TA US Core Equity 2 Portfolio, DFA Investment Dimensions Group Inc Tax-Managed US Small Cap Portfolio, DFA Investment Dimensions Group Inc Tax-Managed US Targeted Value Portfolio, DFA Investment Dimensions Group Inc US Core Equity 1 Portfolio, DFA Investment Dimensions Group Inc US Core Equity 2 Portfolio, DFA Investment Dimensions Group Inc US Micro Cap Portfolio, DFA Investment Dimensions Group Inc US Small Cap Portfolio, DFA Investment Dimensions Group Inc US Small Cap Value Portfolio, DFA Investment Dimensions Group Inc US Social Core Equity 2 Portfolio, DFA Investment Dimensions Group Inc US Targeted Value Portfolio, DFA Investment Dimensions Group Inc US Vector Equity Portfolio, DFA Investment Trust Company Tax-Managed US Marketwide Value Series, DFA US Core Equity Fund, DFA US Vector Equity Fund, Dimensional Funds PLC Global Targeted Value Fund, Dimensional Funds PLC US Small Companies Fund, Micro Cap Subtrust, Small Cap Value Subtrust, Tax-Managed US Equity Series, U.S. Small Cap Subtrust (Attachments: #1 Proposed Order) (Florence, Craig) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 36 SUMMONS Returned Executed as to Variable Annuity Life Insurance Company I- Small Cap Special Values Fund; served on 5/8/2020. (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 35 SUMMONS Returned Executed as to Variable Annuity Life Insurance Company I- Small Cap Index Fund; served on 5/8/2020. (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 34 SUMMONS Returned Executed as to Variable Annuity Life Insurance Company I- Small Cap Special Values Fund ; served on 4/17/2020. (Fulton, Jason) Modified on 5/8/2020 (ykp). [Transferred from Texas Northern on 6/5/2020.] |
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Filing 31
ORDER granting #29 Motion for Extension of Time to File Answer American Beacon Small Cap Value Fund. Answer due 5/18/2020. (Ordered by Judge Sam A. Lindsay on 4/8/2020) (svc) [Transferred from Texas Northern on 6/5/2020.]
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| Filing 30 Unopposed MOTION to Unseal Document filed by Marc S Kirschner (Attachments: #1 Proposed Order) (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 33 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Wilmington Savings Fund Society FSB identifying Corporate Parent/Other Affiliate WSFS Financial Corporation for Wilmington Savings Fund Society FSB re: MDL No. 2941. (axm) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 32 NOTICE of Attorney Appearance by Edward A Friedman on behalf of Wilmington Savings Fund Society FSB re: MDL No. 2941. (axm) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 29 Agreed Motion for Extension of Time to File Answer to Complaint for American Beacon Small Cap Value Fund filed by Marc S Kirschner, Wilmington Savings Fund Society FSB (Attachments: #1 Proposed Order Granting Agreed Motion for Extension of Time to File Answer) (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
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Filing 28
ORDER granting #27 Motion for Extension of Time to File Answer DFA Australia Limited Global Core Equity Trust answer due 5/18/2020; DFA Investment Dimensions Group Inc TA US Core Equity 2 Portfolio answer due 5/18/2020; DFA Investment Dimensions Group Inc Tax-Managed US Small Cap Portfolio answer due 5/18/2020; DFA Investment Dimensions Group Inc Tax-Managed US Targeted Value Portfolio answer due 5/18/2020; DFA Investment Dimensions Group Inc US Core Equity 1 Portfolio answer due 5/18/2020; DFA Investment Dimensions Group Inc US Core Equity 2 Portfolio answer due 5/18/2020; DFA Investment Dimensions Group Inc US Micro Cap Portfolio answer due 5/18/2020; DFA Investment Dimensions Group Inc US Small Cap Portfolio answer due 5/18/2020; DFA Investment Dimensions Group Inc US Small Cap Value Portfolio answer due 5/18/2020; DFA Investment Dimensions Group Inc US Social Core Equity 2 Portfolio answer due 5/18/2020; DFA Investment Dimensions Group Inc US Targeted Value Portfolio answer due 5/18/2020; DFA Investment Dimensions Group Inc US Vector Equity Portfolio answer due 5/18/2020; DFA Investment Trust Company Tax-Managed US Marketwide Value Series answer due 5/18/2020; DFA US Core Equity Fund answer due 5/18/2020. (Ordered by Judge Sam A. Lindsay on 4/6/2020) (svc) [Transferred from Texas Northern on 6/5/2020.]
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| Filing 27 Agreed Motion for Extension of Time to File Answer to Complaint for DFA Investment Dimensions Group Inc. U.S. Core Equity 1 Portfolio, et al. filed by Marc S Kirschner, Wilmington Savings Fund Society FSB (Attachments: #1 Proposed Order) (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
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Filing 26
ELECTRONIC ORDER denying #18 Motion to Unseal Document. As the Motion to Unseal did not have a certificate of conference stating the position of all counsel as required, the court denies without prejudice the motion. (Ordered by Judge Sam A. Lindsay on 4/1/2020) (chmb) [Transferred from Texas Northern on 6/5/2020.]
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| Filing 25 NOTICE of Plaintiffs' Motion Filed with U.S. Judicial Panel on Multi-District Litigation for Transfer of Actions filed by Marc S Kirschner, Wilmington Savings Fund Society FSB (Attachments: #1 Exhibit(s) Plaintiff's Motion to Transfer, #2 Exhibit(s) Brief in Support, #3 Exhibit(s) Schedule of Actions, #4 Exhibit(s) Declaration of Priyanka Wityk, #5 Exhibit(s) Part of 1 of 3 - Docket Sheet and Complaint, #6 Exhibit(s) Part of 2 of 3 - Docket Sheet and Complaint, #7 Exhibit(s) Part of 3 of 3 - Docket Sheet and Complaint, #8 Exhibit(s) Proof of Service) (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 24 SUMMONS Returned Executed as to DFA Investment Dimensions Group Inc US Core Equity 1 Portfolio ; served on 3/16/2020; DFA Investment Dimensions Group Inc US Core Equity 2 Portfolio ; served on 3/16/2020; DFA Investment Dimensions Group Inc US Micro Cap Portfolio ; served on 3/16/2020; DFA Investment Dimensions Group Inc US Small Cap Portfolio ; served on 3/16/2020; DFA Investment Dimensions Group Inc US Small Cap Value Portfolio ; served on 3/16/2020; Defendant TX-1 ; served on 3/16/2020; Defendant TX-10 ; served on 3/16/2020; Defendant TX-11 ; served on 3/16/2020; Defendant TX-12 ; served on 3/16/2020; Defendant TX-13 ; served on 3/13/2020; Defendant TX-14 ; served on 3/16/2020; Defendant TX-15 ; served on 3/16/2020; Defendant TX-16 ; served on 3/16/2020; Defendant TX-17 ; served on 3/16/2020; Defendant TX-2 ; served on 3/16/2020; Defendant TX-3 ; served on 3/16/2020; Defendant TX-4 ; served on 3/16/2020; Defendant TX-5 ; served on 3/16/2020; Defendant TX-6 ; served on 3/16/2020; Defendant TX-7 ; served on 3/16/2020; Defendant TX-8 ; served on 3/16/2020; Defendant TX-9 ; served on 3/16/2020; Dimensional Funds PLC Global Targeted Value Fund ; served on 3/16/2020; Dimensional Funds PLC US Small Companies Fund ; served on 3/16/2020; US Targeted Value Portfolio ; served on 3/16/2020; USAA Extended Market Index Fund ; served on 3/16/2020. (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
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Filing 23
ELECTRONIC ORDER granting #20 Motion for Extension of Time. Accordingly, the deadline for Defendant Kenny Allen Troutt Separate Trust Estate to answer or otherwise respond to Plaintiffs' Complaint is 5/18/2020. (Ordered by Judge Sam A. Lindsay on 4/1/2020) (chmb) [Transferred from Texas Northern on 6/5/2020.]
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Filing 22
ELECTRONIC ORDER granting #19 Motion for Extension of Time to File. Accordingly, the deadline for HBK Master Fund LP and HBK Quantitative Strategies Master Fund LP to respond to the Complaint is 5/18/2020. (Ordered by Judge Sam A. Lindsay on 4/1/2020) (chmb) [Transferred from Texas Northern on 6/5/2020.]
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| Filing 21 NOTICE of Attorney Appearance by Daniel H Gold on behalf of HBK Master Fund L.P., HBK Quantitative Strategies Master Fund L.P.. (Filer confirms contact info in ECF is current.). Party HBK Master Fund L.P.; HBK Quantitative Strategies Master Fund L.P. added. (Gold, Daniel) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 20 Agreed Motion for Extension of Time to File Answer to Complaint for Kenny Allen Troutt Separate Trust Estate filed by Marc S Kirschner, Wilmington Savings Fund Society FSB (Attachments: #1 Proposed Order) (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 19 Agreed Motion for Extension of Time to File Answer to Complaint for HBK Master Fund L.P. and HBK Quantitative Strategies Master Fund L.P. filed by Marc S Kirschner, Wilmington Savings Fund Society FSB (Attachments: #1 Proposed Order) (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 18 MOTION to Unseal Document filed by Marc S Kirschner, Wilmington Savings Fund Society FSB (Attachments: #1 Proposed Order) (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 17 NOTICE of Letter to Judge Lindsay Regarding Less-Redacted Version of Plaintiffs' Complaint and Jury Demand filed by Marc S Kirschner, Wilmington Savings Fund Society FSB (Attachments: #1 Less-Redacted Version of Plaintiffs' Complaint and Jury Demand) (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 16 Summons Issued as to Dimensional Funds PLC Global Targeted Value Fund. (ctf) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 15 Summons Issued as to DFA Investment Dimensions Group Inc, DFA Investment Dimensions Group Inc US Core Equity 1 Portfolio, DFA Investment Dimensions Group Inc US Core Equity 2 Portfolio, DFA Investment Dimensions Group Inc US Micro Cap Portfolio, DFA Investment Dimensions Group Inc US Small Cap Portfolio, DFA Investment Dimensions Group Inc US Small Cap Value Portfolio, Defendant TX-1, Defendant TX-10, Defendant TX-11, Defendant TX-12, Defendant TX-13, Defendant TX-14, Defendant TX-15, Defendant TX-16, Defendant TX-17, Defendant TX-2, Defendant TX-3, Defendant TX-4, Defendant TX-5, Defendant TX-6, Defendant TX-7, Defendant TX-8, Defendant TX-9, Dimensional Funds PLC US Small Companies Fund, US Targeted Value Portfolio, USAA Extended Market Index Fund, Variable Annuity Life Insurance Company I- Small Cap Index Fund, Variable Annuity Life Insurance Company I- Small Cap Special Values Fund. (ndt) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 14 Request for Clerk to issue One summons for each defendant filed by Marc S. Kirschner, Wilmington Savings Fund Society FSB. (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
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Filing 11
(Document Restricted) Sealed AMENDED ORDER: The court vacates the order filed 3/4/2020 (Doc. #10 ) and issues this Amended Order in its place. Before the court is Plaintiffs' Motion for Leave to File the Complaint and Certificate of Interested Persons Under Seal (Doc. #3 ), filed 2/14/2020. The court determines that the motion should be, and is hereby, granted. Accordingly, the court directs the clerk of court to file under seal Plaintiffs' Complaint (Doc. 3-1) and Certificate of Interested Persons (Doc. 3-2). (Ordered by Judge Sam A. Lindsay on 3/10/2020) (ctf) [Transferred from Texas Northern on 6/5/2020.]
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Filing 10
***VACATED PER ORDER (DOC. #11 )*** (Document Restricted) Sealed ORDER granting sealed and/or ex parte motion #3 . The courts directs the clerk of court to file under seal Plaintiffs' Complaint (Doc. #1 ) and Certificate of Interested Persons (Doc. #2 ). (Ordered by Judge Sam A. Lindsay on 3/4/2020) (ndt) Modified on 3/10/2020 (ctf). [Transferred from Texas Northern on 6/5/2020.]
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Filing 9
ELECTRONIC ORDER granting #8 Application for Admission Pro Hac Vice of Edward A. Friedman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 2/26/2020) (chmb) [Transferred from Texas Northern on 6/5/2020.]
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| Filing 8 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10652341) filed by Marc S. Kirschner, Wilmington Savings Fund Society FSB (Friedman, Edward) [Transferred from Texas Northern on 6/5/2020.] |
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Filing 7
ELECTRONIC ORDER granting #5 Application for Admission Pro Hac Vice of Robert J. Lack. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Sam A. Lindsay on 2/20/2020) (chmb) [Transferred from Texas Northern on 6/5/2020.]
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| Filing 5 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10628931) filed by Marc S. Kirschner, Wilmington Savings Fund Society FSB Attorney Robert J Lack added to party Marc S. Kirschner(pty:pla), Attorney Robert J Lack added to party Wilmington Savings Fund Society FSB(pty:pla) (Lack, Robert) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 6 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (oyh) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 4 (Document Restricted) Sealed Appendix in Support re: #3 Sealed and/or Ex Parte Motion, (Sealed pursuant to SO 19-1, statute, or rule) filed by Marc S. Kirschner, Wilmington Savings Fund Society FSB (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 3 (Document Restricted) Motion for Leave to File Complaint Under Seal (Sealed pursuant to motion to seal) filed by Marc S. Kirschner, Wilmington Savings Fund Society FSB (Attachments: #1 Exhibit(s) Complaint Under Seal, #2 Exhibit(s) Certificate of Interested Persons Under Seal, #3 Proposed Order Proposed Order for Filing Complaint and Certificate of Interested Persons Under Seal) (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Marc S. Kirschner, Wilmington Savings Fund Society FSB identifying Corporate Parent/Other Affiliate WSFS Financial Corporation for Wilmington Savings Fund Society FSB. (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Plaintiffs filed by Wilmington Savings Fund Society FSB, Marc S. Kirschner. (Filing fee $400; Receipt number 0539-10625808) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet Civil Cover Sheet) (Fulton, Jason) [Transferred from Texas Northern on 6/5/2020.] |
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