Visser v. Energy Recovery, Inc., et al
| FRANK VISSER |
| ROBERT YU LANG MAO, JOEL GAY, CHRIS M. GANNON, JOSHUA BALLARD and ENERGY RECOVERY, INC. |
| Plymouth County Retirement Association |
| 1:2020cv05647 |
| July 21, 2020 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.
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Filing 33
ORDER OF DISMISSAL: IT IS HEREBY ORDERED THAT, the captioned action, and each claim for relief asserted therein, shall be dismissed, without prejudice and without costs or attorneys' fees under any federal or state law, pursuant to Fed. R. Civ. P. 41(a). So Ordered. (Signed by Judge Victor Marrero on 1/20/2021) (js)
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| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Thomas Laughlin to RE-FILE Document #30 Proposed Order. Use the event type proposed orders, proposed stipulation and order. The document needs to have handwritten signatures of attorneys. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #32 Proposed Order was reviewed and approved as to form. (km) |
| Filing 32 PROPOSED ORDER. Document filed by Plymouth County Retirement Association. Related Document Number: #31 ..(Laughlin, Thomas) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 31 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 41(a). Document filed by Plymouth County Retirement Association. (Attachments: #1 Text of Proposed Order).(Laughlin, Thomas) |
| Filing 30 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #32) - PROPOSED ORDER. Document filed by Plymouth County Retirement Association. Related Document Number: #29 ..(Laughlin, Thomas) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/20/2021 (km). Modified on 1/20/2021 (ldi). |
| Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #31) - MOTION to Dismiss . Document filed by Plymouth County Retirement Association. (Attachments: #1 Text of Proposed Order Stipulated [Proposed] Order of Dismissal).(Laughlin, Thomas) Modified on 1/20/2021 (ldi). |
| Filing 28 NOTICE OF APPEARANCE by Heather Harrison Volik on behalf of Plymouth County Retirement Association..(Volik, Heather) |
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Filing 27
STIPULATION AND SCHEDULING ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their undersigned counsel, subject to the approval of the Court, as follows: 1. Lead Plaintiff shall file the Amended Complaint by January 19, 2021. 2. Defendants shall send Lead Plaintiff (with a copy to the Court) the letter required by Section II.B.1 of the Court's Individual Practices by March 10, 2021. 3. Lead Plaintiff shall send Defendants (with a copy to the Court) the letter responding to Defendants' letter, pursuant to Section II.B.1 of the Courts Individual Practices, by April 28, 2021. 4. In the event the parties fail to resolve any disputes over the appropriateness of the filing of a motion to dismiss, Defendants shall send to the Court the letter required by Section II.B.2 of the Court's Individual Practices, by May 28, 2021. So Ordered. (Amended Pleadings due by 1/19/2021.) (Signed by Judge Victor Marrero on 12/17/2020) (js)
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| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Thomas Livezey Laughlin, IV on behalf of Plymouth County Retirement Association..(Laughlin, Thomas) Modified on 12/17/2020 (ldi). |
| Filing 25 PROPOSED STIPULATION AND ORDER. Document filed by Plymouth County Retirement Association..(Laughlin, Thomas) |
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Filing 24
STIPULATION AND SCHEDULING ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their undersigned counsel, subject to the approval of the Court, as follows: 1. Lead Plaintiff shall file the Amended Complaint by December 18, 2020. 2. Defendants shall send Lead Plaintiff (with a copy to the Court) the letter required by Section II.B.1 of the Court's Individual Practices by February 1, 2021. 3. Lead Plaintiff shall send Defendants (with a copy to the Court) the letter responding to Defendants' letter, pursuant to Section II.B.1 of the Court's Individual Practices, by March 18, 2021. 4. In the event the parties fail to resolve any disputes over the appropriateness of the filing of a motion to dismiss, Defendants shall send to the Court the letter required by Section II.B.2 of the Court's Individual Practices, by April 14, 2021. So Ordered. ( Amended Pleadings due by 12/18/2020.) (Signed by Judge Victor Marrero on 10/22/2020) (js)
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| Filing 23 NOTICE OF APPEARANCE by Donald A Broggi on behalf of Plymouth County Retirement Association..(Broggi, Donald) |
| Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by Joshua Ballard, Energy Recovery, Inc., Chris M. Gannon, Joel Gay, Robert Yu Lang Mao..(Kotler, Meredith) |
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Filing 21
ORDER GRANTING PLYMOUTH COUNTY RETIREMENT ASSOCIATION'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL granting #6 Motion to Appoint ; granting #6 Motion to Appoint Counsel. The Court hereby enters the following Order: Having considered the provisions of the PSLRA, codified at 21D of the Exchange Act, 15 U.S.C. 78u-4(a)(3)(B), the Court hereby determines that Plymouth is the most adequate lead plaintiff and satisfies the requirements of the PSLRA. The Court hereby appoints Plymouth as Lead Plaintiff to represent the interests of the Class in the above-captioned action (the "Action"). Pursuant to 15 U.S.C. 78u-4(a)(3)(B)(v), Plymouth has selected and retained te law firm of Scott+Scott Attorneys at Law LLP to serve as Lead Counsel. The Court approves Plymouth's selection of Lead Counsel for the Action. So Ordered. (Signed by Judge Victor Marrero on 10/7/20) (yv)
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| Filing 20 NOTICE of PLYMOUTH COUNTY RETIREMENT ASSOCIATION'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL IS UNOPPOSED re: #6 MOTION to Appoint Plymouth County Retirement Association to serve as lead plaintiff(s) . MOTION to Appoint Counsel Scott+Scott Attorneys at Law LLP.. Document filed by Plymouth County Retirement Association..(Laughlin, Thomas) |
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Filing 19
STIPULATION AND ORDER REGARDING RESPONSE TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their undersigned counsel, subject to the approval of the Court, as follows: 1. Defendants shall not be required to answer or otherwise respond to the Complaint, and hereby are expressly relieved from answering or otherwise responding to the Complaint. 2. Upon entry of an Order appointing Lead Plaintiff, the parties will cooperate in a timely manner to determine, subject to the approval of the Court, a schedule for the submission of any amended complaint (or designation of an operative pleading), as well as Defendants' response thereto, pursuant to this Court's Individual Practices. 3. There have been no prior requests for an extension of time made in this matter. 4. Nothing in this Stipulation shall be construed as a waiver of any defense available to Defendants. (Signed by Judge Victor Marrero on 10/1/2020) (jwh)
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| Filing 18 NOTICE OF APPEARANCE by Marques Sean Tracy on behalf of Joshua Ballard, Energy Recovery, Inc., Chris M. Gannon, Joel Gay, Robert Yu Lang Mao..(Tracy, Marques) |
| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Joshua Ballard, Energy Recovery, Inc., Chris M. Gannon, Joel Gay, Robert Yu Lang Mao..(Kotler, Meredith) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Energy Recovery, Inc...(Kotler, Meredith) |
| Filing 15 NOTICE OF APPEARANCE by Meredith Eve Kotler on behalf of Joshua Ballard, Energy Recovery, Inc., Chris M. Gannon, Joel Gay, Robert Yu Lang Mao..(Kotler, Meredith) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. Robert Yu Lang Mao served on 7/30/2020, answer due 8/20/2020. Service was accepted by Angela Brown. Document filed by Frank Visser..(Levis, Christian) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Chris M. Gannon served on 9/10/2020, answer due 10/1/2020. Service was accepted by Chris M. Gannon. Document filed by Frank Visser..(Levis, Christian) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Joel Gay served on 7/31/2020, answer due 8/21/2020. Service was accepted by Joel Gay. Document filed by Frank Visser..(Levis, Christian) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Joshua Ballard served on 7/29/2020, answer due 8/19/2020. Service was accepted by Joshua Ballard. Document filed by Frank Visser..(Levis, Christian) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Energy Recovery, Inc. served on 7/30/2020, answer due 8/20/2020. Service was accepted by Itsallana Vasquez. Document filed by Frank Visser..(Levis, Christian) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #9 Proposed Order was reviewed and approved as to form. (km) |
| Filing 9 PROPOSED ORDER. Document filed by Plymouth County Retirement Association. Related Document Number: #6 ..(Laughlin, Thomas) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 8 DECLARATION of Thomas L. Laughlin, IV in Support re: #6 MOTION to Appoint Plymouth County Retirement Association to serve as lead plaintiff(s) . MOTION to Appoint Counsel Scott+Scott Attorneys at Law LLP.. Document filed by Plymouth County Retirement Association. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - PSLRA Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - Scott+Scott Firm Resume).(Laughlin, Thomas) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION to Appoint Plymouth County Retirement Association to serve as lead plaintiff(s) . MOTION to Appoint Counsel Scott+Scott Attorneys at Law LLP. . Document filed by Plymouth County Retirement Association..(Laughlin, Thomas) |
| Filing 6 MOTION to Appoint Plymouth County Retirement Association to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Scott+Scott Attorneys at Law LLP. Document filed by Plymouth County Retirement Association..(Laughlin, Thomas) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Joshua Ballard, Energy Recovery, Inc., Chris M. Gannon, Joel Gay, Robert Yu Lang Mao..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christian Levis. The party information for the following party/parties has been modified: JOSHUA BALLARD, ENERGY RECOVERY, INC., CHRIS M. GANNON, JOEL GAY, ROBERT YU LANG MAO, FRANK VISSER. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christian Levis. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.; the Fee Status code has been modified to pd (paid). (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(dnh) |
| Magistrate Judge Kevin Nathaniel Fox 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 4 NOTICE OF APPEARANCE by Andrea Farah on behalf of FRANK VISSER..(Farah, Andrea) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to ENERGY RECOVERY, INC., JOSHUA BALLARD, JOEL GAY, CHRIS M. GANNON, ROBERT YU LANG MAO, re: #1 Complaint. Document filed by FRANK VISSER..(Levis, Christian) |
| Filing 2 CIVIL COVER SHEET filed..(Levis, Christian) |
| Filing 1 COMPLAINT against JOSHUA BALLARD, ENERGY RECOVERY, INC., CHRIS M. GANNON, JOEL GAY, ROBERT YU LANG MAO. (Filing Fee $ 400.00, Receipt Number ANYSDC-20784697)Document filed by FRANK VISSER..(Levis, Christian) |
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