Di Scala v. ProShares Ultra Bloomberg Crude Oil et al
Luciano Di Scala |
Michael L. Sapir, Timothy N. Coakley, ProShares Trust II, ProShare Capital Management LLC, ProShares Ultra Bloomberg Crude Oil and Todd B. Johnson |
Edmund Jin, Pinchas Dan Danino, Emir Tavukcuoglu, Advanced Wealth Management, LLC, Sergi Lucas, Michael Zarabi, Kambiz Zarabi and Evgeny Karelin |
Honggui Qu |
1:2020cv05865 |
July 28, 2020 |
US District Court for the Southern District of New York |
Naomi Reice Buchwald |
Securities/Commodities |
Plaintiff |
Docket Report
This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.
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Filing 62 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Timothy N. Coakley, Todd B. Johnson, ProShare Capital Management LLC, ProShares Trust II, ProShares Ultra Bloomberg Crude Oil, Michael L. Sapir pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Honggui Qu. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Linkh, Gregory) |
Filing 61 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Timothy N. Coakley, Todd B. Johnson, ProShare Capital Management LLC, ProShares Trust II, ProShares Ultra Bloomberg Crude Oil, Michael L. Sapir pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Honggui Qu. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Linkh, Gregory) Modified on 2/22/2021 (tp). |
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Linkh, Gregory. RE-FILE Document No. #61 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (tp) |
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Filing 59 MOTION for Kara M. Wolke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23479073. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Honggui Qu. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Wolke, Kara) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #59 MOTION for Kara M. Wolke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23479073. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 57 PROPOSED STIPULATION AND ORDER. Document filed by Honggui Qu..(Linkh, Gregory) |
Filing 56 PROPOSED STIPULATION AND ORDER. Document filed by Timothy N. Coakley, Todd B. Johnson, ProShare Capital Management LLC, ProShares Trust II, ProShares Ultra Bloomberg Crude Oil, Michael L. Sapir..(Skinner, Robert) |
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Filing 54 REPLY to Response to Motion re: #21 MOTION to Appoint Edmund Jin to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Honggui Qu..(Linkh, Gregory) |
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Filing 53 REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Appoint Edmund Jin to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Edmund Jin..(McConville, Francis) |
Filing 52 REPLY MEMORANDUM OF LAW in Support re: #37 MOTION to Appoint Counsel and Appoint Lead Plaintiff. . Document filed by Honggui Qu..(Linkh, Gregory) |
Filing 51 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Appoint Pinchas Dan Danino to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.. . Document filed by Pinchas Dan Danino..(Kim, Phillip) |
Filing 50 NOTICE of of Withdrawal of Lead Plaintiff Motion re: #34 MOTION to Appoint Advanced Wealth Management, LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Advanced Wealth Management, LLC..(Block, Jeffrey) |
Filing 49 DECLARATION of Francis P. McConville in Support re: #21 MOTION to Appoint Edmund Jin to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Edmund Jin. (Attachments: #1 Exhibit A - Loss Analysis).(McConville, Francis) |
Filing 48 MEMORANDUM OF LAW in Support re: #21 MOTION to Appoint Edmund Jin to serve as lead plaintiff(s) . MOTION to Appoint Counsel . Memorandum of Law in Further Support and in Opposition to Competing Movants. Document filed by Edmund Jin..(McConville, Francis) |
Filing 47 MEMORANDUM OF LAW in Opposition re: #41 MOTION to Appoint Sergi Lucas, Michael Zarabi, Kambiz Zarabi, Evgeny Karelin to serve as lead plaintiff(s) - Notice of Motion of The UCO Investor Group for Appointment as Lead Plaintiff and Approval of Lead Counsel., #34 MOTION to Appoint Advanced Wealth Management, LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #21 MOTION to Appoint Edmund Jin to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #37 MOTION to Appoint Counsel and Appoint Lead Plaintiff. . Document filed by Pinchas Dan Danino. (Attachments: #1 Exhibit 1 - Qu Loss Chart).(Kim, Phillip) |
Filing 46 MEMORANDUM OF LAW in Opposition re: #41 MOTION to Appoint Sergi Lucas, Michael Zarabi, Kambiz Zarabi, Evgeny Karelin to serve as lead plaintiff(s) - Notice of Motion of The UCO Investor Group for Appointment as Lead Plaintiff and Approval of Lead Counsel., #23 MOTION to Appoint Pinchas Dan Danino to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.., #34 MOTION to Appoint Advanced Wealth Management, LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #28 MOTION to Appoint Emir Tavukcuoglu to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #21 MOTION to Appoint Edmund Jin to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Honggui Qu..(Linkh, Gregory) |
Filing 45 RESPONSE to Motion re: #41 MOTION to Appoint Sergi Lucas, Michael Zarabi, Kambiz Zarabi, Evgeny Karelin to serve as lead plaintiff(s) - Notice of Motion of The UCO Investor Group for Appointment as Lead Plaintiff and Approval of Lead Counsel., #23 MOTION to Appoint Pinchas Dan Danino to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.., #34 MOTION to Appoint Advanced Wealth Management, LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #21 MOTION to Appoint Edmund Jin to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #37 MOTION to Appoint Counsel and Appoint Lead Plaintiff. . Document filed by Emir Tavukcuoglu..(Rosenfeld, David) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #42 Proposed Order was reviewed and approved as to form. (km) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #26 Proposed Order #33 Proposed Order #25 Proposed Order was reviewed and approved as to form. (km) |
Filing 44 DECLARATION of Jeremy A. Lieberman in Support re: #41 MOTION to Appoint Sergi Lucas, Michael Zarabi, Kambiz Zarabi, Evgeny Karelin to serve as lead plaintiff(s) - Notice of Motion of The UCO Investor Group for Appointment as Lead Plaintiff and Approval of Lead Counsel.. Document filed by Evgeny Karelin, Sergi Lucas, Kambiz Zarabi, Michael Zarabi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Lieberman, Jeremy) |
Filing 43 MEMORANDUM OF LAW in Support re: #41 MOTION to Appoint Sergi Lucas, Michael Zarabi, Kambiz Zarabi, Evgeny Karelin to serve as lead plaintiff(s) - Notice of Motion of The UCO Investor Group for Appointment as Lead Plaintiff and Approval of Lead Counsel. . Document filed by Evgeny Karelin, Sergi Lucas, Kambiz Zarabi, Michael Zarabi..(Lieberman, Jeremy) |
Filing 42 PROPOSED ORDER. Document filed by Evgeny Karelin, Sergi Lucas, Kambiz Zarabi, Michael Zarabi. Related Document Number: #41 ..(Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 41 MOTION to Appoint Sergi Lucas, Michael Zarabi, Kambiz Zarabi, Evgeny Karelin to serve as lead plaintiff(s) - Notice of Motion of The UCO Investor Group for Appointment as Lead Plaintiff and Approval of Lead Counsel. Document filed by Evgeny Karelin, Sergi Lucas, Kambiz Zarabi, Michael Zarabi..(Lieberman, Jeremy) |
Filing 40 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated September 28, 2020 Document filed by Sergi Lucas, Michael Zarabi, Kambiz Zarabi, Evgeny Karelin..(Lieberman, Jeremy) |
Filing 39 DECLARATION of Gregory B. Linkh in Support re: #37 MOTION to Appoint Counsel and Appoint Lead Plaintiff.. Document filed by Honggui Qu. (Attachments: #1 Exhibit A- Press Release, #2 Exhibit B- Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - Movant Declaration, #5 Exhibit E - GPM Firm Resume).(Linkh, Gregory) |
Filing 38 MEMORANDUM OF LAW in Support re: #37 MOTION to Appoint Counsel and Appoint Lead Plaintiff. . Document filed by Honggui Qu..(Linkh, Gregory) |
Filing 37 MOTION to Appoint Counsel and Appoint Lead Plaintiff. Document filed by Honggui Qu. (Attachments: #1 Text of Proposed Order).(Linkh, Gregory) |
Filing 36 DECLARATION of Jeffrey C. Block in Support re: #34 MOTION to Appoint Advanced Wealth Management, LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Advanced Wealth Management, LLC. (Attachments: #1 Exhibit Press Release, #2 Exhibit PSLRA Certification, #3 Exhibit Loss Chart, #4 Exhibit Declaration of Antonio P. Gomes, #5 Exhibit Firm CV).(Block, Jeffrey) |
Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Appoint Advanced Wealth Management, LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Advanced Wealth Management, LLC..(Block, Jeffrey) |
Filing 34 MOTION to Appoint Advanced Wealth Management, LLC to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Advanced Wealth Management, LLC. (Attachments: #1 Text of Proposed Order).(Block, Jeffrey) |
Filing 33 PROPOSED ORDER. Document filed by Emir Tavukcuoglu. Related Document Number: #28 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 32 MEMORANDUM OF LAW in Support re: #23 MOTION to Appoint Pinchas Dan Danino to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.. . Document filed by Pinchas Dan Danino. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Danino Declaration, #4 Exhibit 4 - Loss Chart, #5 Exhibit 5 - Firm Resume).(Kim, Phillip) |
Filing 31 DECLARATION of David A. Rosenfeld in Support re: #28 MOTION to Appoint Emir Tavukcuoglu to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Emir Tavukcuoglu. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certification, #3 Exhibit C - Estimate of losses, #4 Exhibit D - Declaration of Emir Tavukcuoglu in Support).(Rosenfeld, David) |
Filing 30 LETTER addressed to Judge Naomi Reice Buchwald from Jeffrey C. Block dated September 28, 2020 re: Di Scala v. ProShares Ultra Bloomberg Crude Oil, et al., No. 1:20-cv-05865-NRB. Document filed by Advanced Wealth Management, LLC..(Block, Jeffrey) |
Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Appoint Emir Tavukcuoglu to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Emir Tavukcuoglu..(Rosenfeld, David) |
Filing 28 MOTION to Appoint Emir Tavukcuoglu to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Emir Tavukcuoglu. (Attachments: #1 Letter re Motion).(Rosenfeld, David) |
Filing 27 LETTER addressed to Judge Naomi Reice Buchwald from David A. Rosenfeld dated 09/28/2020 re: Pre-Motion Conference Letter. Document filed by Emir Tavukcuoglu..(Rosenfeld, David) |
Filing 26 PROPOSED ORDER. Document filed by Pinchas Dan Danino. Related Document Number: #23 ..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 25 PROPOSED ORDER. Document filed by Edmund Jin. Related Document Number: [Dkt 21]..(McConville, Francis) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 24 DECLARATION of Francis P. McConville in Support re: #21 MOTION to Appoint Edmund Jin to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Edmund Jin. (Attachments: #1 Exhibit A - Assignment, #2 Exhibit B - Edmund J. Declaration, #3 Exhibit C - Certification, #4 Exhibit D - Loss Analysis, #5 Exhibit E - Notice, #6 Exhibit F - Labaton Sucharow Firm Resume).(McConville, Francis) |
Filing 23 MOTION to Appoint Pinchas Dan Danino to serve as lead plaintiff(s) ., MOTION to Appoint Counsel The Rosen Law Firm, P.A.. Document filed by Pinchas Dan Danino..(Kim, Phillip) |
Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Appoint Edmund Jin to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Edmund Jin..(McConville, Francis) |
Filing 21 MOTION to Appoint Edmund Jin to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Edmund Jin..(McConville, Francis) |
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Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by Timothy N. Coakley, Todd B. Johnson, ProShare Capital Management LLC, ProShares Trust II, ProShares Ultra Bloomberg Crude Oil, Michael L. Sapir..(Skinner, Robert) |
Filing 15 MOTION for Robert A. Skinner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015656. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Timothy N. Coakley, Todd B. Johnson, ProShare Capital Management LLC, ProShares Trust II, ProShares Ultra Bloomberg Crude Oil, Michael L. Sapir..(Skinner, Robert) |
Filing 14 MOTION for Jessica M. Bergin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015274. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Timothy N. Coakley, Todd B. Johnson, ProShare Capital Management LLC, ProShares Trust II, ProShares Ultra Bloomberg Crude Oil, Michael L. Sapir..(Bergin, Jessica) |
Filing 13 MOTION for Amy D. Roy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015214. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Timothy N. Coakley, Todd B. Johnson, ProShare Capital Management LLC, ProShares Trust II, ProShares Ultra Bloomberg Crude Oil, Michael L. Sapir..(Roy, Amy) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Jessica M. Bergin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015274. Motion and supporting papers to be reviewed by Clerk's Office staff., #13 MOTION for Amy D. Roy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015214. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Robert A. Skinner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21015656. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. ProShares Trust II waiver sent on 7/30/2020, answer due 9/28/2020. Document filed by Luciano Di Scala..(Block, Jeffrey) |
Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Michael L. Sapir waiver sent on 7/30/2020, answer due 9/28/2020. Document filed by Luciano Di Scala..(Block, Jeffrey) |
Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. ProShares Ultra Bloomberg Crude Oil waiver sent on 7/30/2020, answer due 9/28/2020. Document filed by Luciano Di Scala..(Block, Jeffrey) |
Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. ProShare Capital Management LLC waiver sent on 7/30/2020, answer due 9/28/2020. Document filed by Luciano Di Scala..(Block, Jeffrey) |
Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Todd B. Johnson waiver sent on 7/30/2020, answer due 9/28/2020. Document filed by Luciano Di Scala..(Block, Jeffrey) |
Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Timothy N. Coakley waiver sent on 7/30/2020, answer due 9/28/2020. Document filed by Luciano Di Scala..(Block, Jeffrey) |
Filing 6 CIVIL COVER SHEET filed..(Block, Jeffrey) |
Filing 5 ELECTRONIC SUMMONS ISSUED as to Timothy N. Coakley, Todd B. Johnson, ProShare Capital Management LLC, ProShares Trust II, ProShares Ultra Bloomberg Crude Oil, Michael L. Sapir..(pne) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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..(pne) |
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. (pne) |
Case Designated ECF. (pne) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jeffrey Craig Block to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the signed PDF. (pne) |
Filing 4 NOTICE OF APPEARANCE by Stephen J. Teti on behalf of Luciano Di Scala..(Teti, Stephen) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to ProShares Ultra Bloomberg Crude Oil, ProShare Capital Management LLC, ProShares Trust II, Michael L. Sapir, Timothy N. Coakley, and Todd B. Johnson, re: #1 Complaint,. Document filed by Luciano Di Scala..(Block, Jeffrey) |
Filing 2 FILING ERROR - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Block, Jeffrey) Modified on 7/29/2020 (pne). |
Filing 1 COMPLAINT against Timothy N. Coakley, Todd B. Johnson, ProShare Capital Management LLC, ProShares Trust II, ProShares Ultra Bloomberg Crude Oil, Michael L. Sapir. (Filing Fee $ 400.00, Receipt Number ANYSDC-20885860)Document filed by Luciano Di Scala. (Attachments: #1 Affidavit).(Block, Jeffrey) |
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