In re Turquoise Hill Resources Ltd. Securities Litigation
Anthony Franchi |
Ulf Quellmann, Jean- Sbastien Jacques, Luke Colton, Brendan Lane, Turquoise Hill Resources Ltd.,, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat, Rio Tinto International Holdings Limited and Jean-Sebastien Jacques |
Altannavch Sukhbaatar, Paul Ciaglo, John J. Murphy, Chang Pin Lin, Vitali Garon and Ramakrishnan Natesan |
Nicholas Lion |
Pentwater Funds |
1:2020cv08585 |
October 14, 2020 |
US District Court for the Southern District of New York |
Lewis J Liman |
Securities/Commodities |
Plaintiff |
Docket Report
This docket was last retrieved on November 26, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 149 OPINION AND ORDER re: #132 MOTION to Dismiss the Second Amended Class Action Complaint. filed by Turquoise Hill Resources Ltd. Brendan Lane, Ulf Quellmann, Luke Colton, #129 MOTION to Dismiss the Second Amended Consolidated Complaint (Dkt. 127) filed by Rio Tinto International Holdings Limited, Arnaud Soirat, Rio Tinto PLC, Jean-Sebastien Jacques, Rio Tinto Limited. The Rio Defendants' motion to dismiss is GRANTED in part and DENIED in part as to Defendants Rio Tinto, Soirat, and Jacques. The Rio Defendants' motion to dismiss is GRANTED as to Defendant RTIH. The Turquoise Defendants' motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to close Dkt. Nos. 129 and 132. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/2/2022) (vfr) |
Filing 148 NOTICE OF APPEARANCE by Michael Linneman on behalf of Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Linneman, Michael) |
Filing 147 LETTER addressed to Judge Lewis J. Liman from Gregory F. Laufer dated August 26, 2022 re: Reporting Obligations. Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Laufer, Gregory) |
Minute Entry for proceedings held before Judge Lewis J. Liman: Oral Argument held on 8/25/2022 re: #132 MOTION to Dismiss the Second Amended Class Action Complaint filed by Turquoise Hill Resources Ltd., Brendan Lane, Ulf Quellmann, Luke Colton, and #129 MOTION to Dismiss the Second Amended Consolidated Complaint filed by Rio Tinto International Holdings Limited, Arnaud Soirat, Rio Tinto PLC, Jean-Sebastien Jacques, Rio Tinto Limited. Salvatore Graziano, Michael Blatchley, and Jai Chandrasekhar present for Plaintiffs. Gregory Laufer and Cara Hume present for Turquoise Hill Defendants. Corey Worcester and Michael Linneman present for Rio Tinto Defendants. Court reporter present. The Court heard argument from all parties regarding the pending motions to dismiss. Motions taken under advisement, decision reserved by the Court. Parties directed to order a copy of the transcript of the hearing on an expedited basis. (mf) |
Filing 146 NOTICE of Withdrawal of Appearance of Seth Pavsner. Document filed by Anthony Franchi..(Pavsner, Seth) |
Filing 145 LETTER addressed to Judge Lewis J. Liman from Salvatore J. Graziano dated August 22, 2022 re: Corrected Memorandum of Law. Document filed by Pentwater Funds. (Attachments: #1 Exhibit A).(Graziano, Salvatore) |
Filing 144 MEMORANDUM OF LAW in Opposition re: #132 MOTION to Dismiss the Second Amended Class Action Complaint., #129 MOTION to Dismiss the Second Amended Consolidated Complaint (Dkt. 127). [Lead Plaintiff's Corrected Memorandum of Law in Opposition to Defendants' Motions to Dismiss]. Document filed by Pentwater Funds..(Graziano, Salvatore) |
Filing 143 LETTER addressed to Judge Lewis J. Liman from Salvatore J. Graziano dated August 11, 2022 re: Response to August 10, 2022 letter. Document filed by Pentwater Funds..(Graziano, Salvatore) |
Filing 142 LETTER addressed to Judge Lewis J. Liman from Gregory F. Laufer dated August 10, 2022 re: in response to Plaintiffs August 4, 2022 letter (Dkt. #140).. Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Laufer, Gregory) |
Filing 141 LETTER addressed to Judge Lewis J. Liman from Corey Worcester dated 08/10/2022 re: Response to ECF No. 140. Document filed by Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Worcester, Richard) |
Filing 140 LETTER addressed to Judge Lewis J. Liman from Salvatore J. Graziano dated August 4, 2022 re: Subsequent Authority. Document filed by Pentwater Funds..(Graziano, Salvatore) |
Set/Reset Hearings: Oral Argument set for 8/25/2022 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf) |
ORDER: The Court will hear oral argument from parties regarding the pending motions to dismiss on August 25, 2022 at 10:00AM. The hearing will be held in-person in Courtroom 15C at the 500 Pearl Street Courthouse. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) |
Filing 139 DECLARATION of Gregory F. Laufer in Support re: #132 MOTION to Dismiss the Second Amended Class Action Complaint.. Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,. (Attachments: #1 Exhibit 32 - Quellmann SEDI Report, #2 Exhibit 33 - Colton SEDI Report, #3 Exhibit 34 - Lane SEDI Report).(Laufer, Gregory) |
Filing 138 REPLY MEMORANDUM OF LAW in Support re: #132 MOTION to Dismiss the Second Amended Class Action Complaint. . Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Laufer, Gregory) |
Filing 137 REPLY MEMORANDUM OF LAW in Support re: #129 MOTION to Dismiss the Second Amended Consolidated Complaint (Dkt. 127). . Document filed by Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Worcester, Richard) |
Filing 136 DECLARATION of Salvatore J. Graziano in Opposition re: #132 MOTION to Dismiss the Second Amended Class Action Complaint., #129 MOTION to Dismiss the Second Amended Consolidated Complaint (Dkt. 127).. Document filed by Pentwater Funds. (Attachments: #1 Exhibit A - HealthSouth Order, #2 Exhibit B - HealthSouth Tr. Excerpts, #3 Exhibit C - March 13, 2019 Management Proxy Circular).(Graziano, Salvatore) |
Filing 135 MEMORANDUM OF LAW in Opposition re: #132 MOTION to Dismiss the Second Amended Class Action Complaint., #129 MOTION to Dismiss the Second Amended Consolidated Complaint (Dkt. 127). . Document filed by Pentwater Funds..(Graziano, Salvatore) |
Filing 134 DECLARATION of Gregory F. Laufer in Support re: #132 MOTION to Dismiss the Second Amended Class Action Complaint.. Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,. (Attachments: #1 Exhibit 1 - Standards of Disclosure for Mineral Projects, #2 Exhibit 2 - 2015 Underground Plan, #3 Exhibit 3 - 5/6/2016 Rio Tinto Press Release, #4 Exhibit 4 - 2017 TRQ Form 40-F, #5 Exhibit 5 - 2017 Rio Tinto Annual Report, #6 Exhibit 6 - 7/31/2018 TRQ Press Release, #7 Exhibit 7 - 8/1/2018 TRQ Earnings Transcript, #8 Exhibit 8 - 10/15/2018 TRQ Press Release, #9 Exhibit 9 - 11/1/2018 TRQ Press Release, #10 Exhibit 10 - 11/2/2018 TRQ Investor Presentation, #11 Exhibit 11 - 11/2/2018 TRQ Earnings Transcript, #12 Exhibit 12 - 1/17/2019 TRQ Investor Presentation, #13 Exhibit 13 - 2/26/2019 TRQ Press Release, #14 Exhibit 14 - 2018 Rio Tinto Annual Report, #15 Exhibit 15 - 2018 TRQ Form 40-F, #16 Exhibit 16 - 3/14/2019 TRQ Press Release, #17 Exhibit 17 - 3/15/2019 TRQ Earnings Transcript, #18 Exhibit 18 - 4/15/2019 TRQ Press Release, #19 Exhibit 19 - 3/15/2019 TRQ Form 6-K,, #20 Exhibit 20 - 5/15/2019 TRQ Press Release, #21 Exhibit 21 - 5/16/2019 TRQ Earnings Transcript, #22 Exhibit 22 - 7/15/2019 TRQ Press Release, #23 Exhibit 23 - 7/16/2019 TRQ Earnings Transcript, #24 Exhibit 24 - 7/16/2019 RioTinto Press Release, #25 Exhibit 25 - 7/31/2019 TRQ Press Release, #26 Exhibit 26 - Halbower Declaration, #27 Exhibit 27 - 1/29/2021 Pentwater Press Release, #28 Exhibit 28 - Quellmann Form 55-102F2, #29 Exhibit 29 ICG Report, #30 Exhibit 30 Peer Review, #31 Exhibit 31 - ARSHA).(Laufer, Gregory) |
Filing 133 MEMORANDUM OF LAW in Support re: #132 MOTION to Dismiss the Second Amended Class Action Complaint. . Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Laufer, Gregory) |
Filing 132 MOTION to Dismiss the Second Amended Class Action Complaint. Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Laufer, Gregory) |
Filing 131 MEMORANDUM OF LAW in Support re: #129 MOTION to Dismiss the Second Amended Consolidated Complaint (Dkt. 127). . Document filed by Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat. (Attachments: #1 Appendix A).(Worcester, Richard) |
Filing 130 DECLARATION of Corey Worcester in Support re: #129 MOTION to Dismiss the Second Amended Consolidated Complaint (Dkt. 127).. Document filed by Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Worcester, Richard) |
Filing 129 MOTION to Dismiss the Second Amended Consolidated Complaint (Dkt. 127). Document filed by Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Worcester, Richard) |
Filing 128 ORDER denying as moot #111 Motion to Dismiss. The motion to dismiss at Dkt. No. 111 is denied as moot in light of the filing of an amended complaint at Dkt. No. 127. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 111. So Ordered. (Signed by Judge Lewis J. Liman on 10/1/2021) (js) |
Filing 127 SECOND AMENDED COMPLAINT amending #110 Amended Complaint,, against Luke Colton, Jean-Sebastien Jacques, Brendan Lane, Ulf Quellmann, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat, Turquoise Hill Resources Ltd., with JURY DEMAND.Document filed by Pentwater Funds. Related document: #110 Amended Complaint,,..(Graziano, Salvatore) |
Filing 126 MEMO ENDORSEMENT on re: #125 Letter filed by Pentwater Funds. ENDORSEMENT: The proposed schedule is approved. The motion to dismiss at Dkt. No. 114 is denied as moot in light of the anticipated filing of an amended complaint, and the Clerk of Court is respectfully directed to close Dkt. No. 114. SO ORDERED. ( Amended Pleadings due by 9/16/2021. Motions due by 10/19/2021. Responses due by 11/16/2021. Replies due by 12/17/2021.) Motions terminated: #114 MOTION to Dismiss Amended Consolidated Complaint, filed by Rio Tinto International Holdings Limited, Arnaud Soirat, Rio Tinto PLC, Jean-Sebastien Jacques, Rio Tinto Limited. (Signed by Judge Lewis J. Liman on 8/11/2021) (va) |
Filing 125 LETTER addressed to Judge Lewis J. Liman from Salvatore J. Graziano dated August 11, 2021 re: Proposed Schedule. Document filed by Pentwater Funds..(Graziano, Salvatore) |
Filing 124 LETTER addressed to Judge Lewis J. Liman from Salvatore J. Graziano dated August 9, 2021 re: Intended Amendment to Complaint. Document filed by Pentwater Funds. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Graziano, Salvatore) |
Filing 123 DECLARATION of Salvatore J. Graziano in Opposition re: #114 MOTION to Dismiss Amended Consolidated Complaint.. Document filed by Pentwater Funds. (Attachments: #1 Exhibit A - HealthSouth Order, #2 Exhibit B - HealthSouth Tr. Excerpts, #3 Exhibit C - Venator Opinion & Order, #4 Exhibit D - 2Q 2018 Earnings Call Tr., #5 Exhibit E - March 13, 2019 Management Proxy Circular, #6 ECF Rule 23.1 Technical Failure Statement).(Graziano, Salvatore) |
Filing 122 MEMORANDUM OF LAW in Opposition re: #114 MOTION to Dismiss Amended Consolidated Complaint. . Document filed by Pentwater Funds..(Graziano, Salvatore) |
Filing 121 NOTICE OF APPEARANCE by Hope Delaney Skibitsky on behalf of Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Skibitsky, Hope) |
Filing 120 OPINION AND ORDER: For the foregoing reasons, the TRQ Defendants' request for relief is denied. The Court thus declines to direct Pentwater to cease seeking to elicit information from Turquoise Hill in its role as a shareholder. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/1/2021) (va) |
Filing 119 LETTER addressed to Judge Lewis J. Liman from Richard A. Rosen dated May 26, 2021 re: Response to Pentwater's letter filed on May 24, 2021 [ECF 118]. Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Rosen, Richard) |
Filing 118 LETTER addressed to Judge Lewis J. Liman from Salvatore J. Graziano dated May 24, 2021 re: Lead Plaintiffs Response to Defendants May 20, 2021 Letter Request. Document filed by Pentwater Funds. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Graziano, Salvatore) |
Filing 117 LETTER addressed to Judge Lewis J. Liman from Richard A. Rosen dated May 20, 2021 re: requesting Court to direct Lead Plaintiff to cease certain inappropriate conduct. Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,. (Attachments: #1 Exhibit A-Email, #2 Exhibit B-Email, #3 Exhibit C-Email, #4 Exhibit D-Screenshot).(Rosen, Richard) |
Filing 116 DECLARATION of Corey Worcester in Support re: #114 MOTION to Dismiss Amended Consolidated Complaint.. Document filed by Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Worcester, Richard) |
Filing 115 MEMORANDUM OF LAW in Support re: #114 MOTION to Dismiss Amended Consolidated Complaint. . Document filed by Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat. (Attachments: #1 Appendix A).(Worcester, Richard) |
Filing 114 MOTION to Dismiss Amended Consolidated Complaint. Document filed by Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Worcester, Richard) |
Filing 113 DECLARATION of Richard A. Rosen in Support re: #111 MOTION to Dismiss the Amended Class Action Complaint.. Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,. (Attachments: #1 Exhibit 1 - Standards of Disclosure for Mineral Projects, #2 Exhibit 2 - 2015 Underground Plan, #3 Exhibit 3 - 5/6/2016 Rio Tinto Press Release, #4 Exhibit 4 - 2017 TRQ Form 40-F, #5 Exhibit 5 - 2017 Rio Tinto Annual Report, #6 Exhibit 6 - 7/31/2018 TRQ Press Release, #7 Exhibit 7 - 8/1/2018 TRQ Earnings Transcript, #8 Exhibit 8 - 10/15/2018 TRQ Press Release, #9 Exhibit 9 - 11/1/2018 TRQ Press Release, #10 Exhibit 10 - 11/2/2018 TRQ Investor Presentation, #11 Exhibit 11 - 11/2/2018 TRQ Earnings Transcript, #12 Exhibit 12 - 1/17/2019 TRQ Investor Presentation, #13 Exhibit 13 - 2/26/2019 TRQ Press Release, #14 Exhibit 14 - 2018 Rio Tinto Annual Report, #15 Exhibit 15 - 2018 TRQ Form 40-F, #16 Exhibit 16 - 3/14/2019 TRQ Press Release, #17 Exhibit 17 - 3/15/2019 TRQ Earnings Transcript, #18 Exhibit 18 - 4/15/2019 TRQ Press Release, #19 Exhibit 19 - 3/15/2019 TRQ Form 6-K, #20 Exhibit 20 - 5/15/2019 TRQ Press Release, #21 Exhibit 21 - 5/16/2019 TRQ Earnings Transcript, #22 Exhibit 22 - 7/15/2019 TRQ Press Release, #23 Exhibit 23 - 7/16/2019 TRQ Earnings Transcript, #24 Exhibit 24 - 7/16/2019 Rio Tinto Press Release, #25 Exhibit 25 - 7/31/2019 TRQ Press Release, #26 Exhibit 26 - Halbower Declaration, #27 Exhibit 27 - 1/29/2021 Pentwater Press Release, #28 Exhibit 28 - Quellmann Form 55-102F2).(Rosen, Richard) |
Filing 112 MEMORANDUM OF LAW in Support re: #111 MOTION to Dismiss the Amended Class Action Complaint. . Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Rosen, Richard) |
Filing 111 MOTION to Dismiss the Amended Class Action Complaint. Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Rosen, Richard) |
Filing 110 AMENDED COMPLAINT amending #7 Complaint, #109 Amended Complaint, against Luke Colton, Jean-Sebastien Jacques, Brendan Lane, Ulf Quellmann, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat, Turquoise Hill Resources Ltd., with JURY DEMAND.Document filed by Pentwater Funds. Related document: #7 Complaint, #109 Amended Complaint,. (Attachments: #1 Exhibit 1 - PSLRA Certification, #2 Exhibit 2 - Consent from Opposing Counsel to Refile Amended Consolidated Complaint, #3 Exhibit 3 - Consent from Opposing Counsel to Refile Amended Consolidated Complaint).(Graziano, Salvatore) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Salvatore Jo Graziano to RE-FILE re: Document No. #109 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF title must include 'Amended' to correspond with the event type used; the pleading was filed incorrectly on the due date, therefore new Court's leave must be granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) |
Filing 109 FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #7 Complaint, against Luke Colton, Jean-Sebastien Jacques, Brendan Lane, Ulf Quellmann, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat, Turquoise Hill Resources Ltd., with JURY DEMAND.Document filed by Pentwater Funds. Related document: #7 Complaint,. (Attachments: #1 PSLRA Certification).(Graziano, Salvatore) Modified on 3/17/2021 (jgo). |
Filing 108 ORDER: Accordingly, it is hereby ORDERED that the Pentwater Funds are required to report to the Court any arrangements made with any of the Defendants or their affiliates to purchase Pentwater Funds' shares in Turquoise Hill or to otherwise find purchasers for those shares, during the pendency of this litigation, regardless of whether such arrangement is made in connection with settlement. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/21/2021) (va) |
Filing 107 LETTER addressed to Judge Lewis J. Liman from Salvatore J. Graziano dated January 20, 2021 re: Response to Opinion and Order dated January 15, 2021. Document filed by Pentwater Funds..(Graziano, Salvatore) |
Filing 106 STIPULATION AND ORDER GOVERNING RESPONSES TO AMENDED COMPLAINT AND BRIEFING OF MOTIONS TO DISMISS: IT IS HEREBY STIPULATED AND AGREED, by and between undersigned counsel for the Pentwater Funds and Defendants Turquoise Hill Resources, Ltd., Ulf Quellmann, Brendan Lane, Luke Colton, Rio Tinto PLC, Rio Tinto Limited, Rio Tinto International Holdings Limited, Jean-Sbastien Jacques, and Arnaud Soirat (collectively, the "Defendants"), and subject to Court approval, that the following schedule shall govern the filing of, and responses to, the amended complaint, as well as the briefing on any motions to dismiss: 1. Defendants shall answer, move, or otherwise respond to Lead Plaintiff's amended or operative complaint, on or before May 17, 2021; 2. In the event that Defendants move to dismiss the complaint, Lead Plaintiff's answering brief in opposition to the motions to dismiss shall be filed on or before July 16, 2021; 3. Defendants' reply briefs in further support of the motions to dismiss shall be filed on or before August 30, 2021; and 4. This schedule shall be subject to modification as agreed by the parties and approved by the Court. SO ORDERED, this 19 day of January, 2021. ( Responses due by 7/16/2021. Replies due by 8/30/2021.) (Signed by Judge Lewis J. Liman on 1/19/2021) (va) |
Filing 105 ORDER granting #99 Motion for Michael Albert to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mg) Transmission to Attorney Services/Help Desk. |
Filing 104 PROPOSED STIPULATION AND ORDER. Document filed by Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Rosen, Richard) |
Set/Reset Deadlines: Luke Colton answer due 5/17/2021; Jean-Sebastien Jacques answer due 5/17/2021; Brendan Lane answer due 5/17/2021; Ulf Quellmann answer due 5/17/2021; Rio Tinto International Holdings Limited answer due 5/17/2021; Rio Tinto Limited answer due 5/17/2021; Rio Tinto PLC answer due 5/17/2021; Arnaud Soirat answer due 5/17/2021; Turquoise Hill Resources Ltd., answer due 5/17/2021. Motions due by 5/17/2021. (va) |
Filing 103 OPINION AND ORDER: re: #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s). MOTION to Appoint Counsel filed by Pentwater Funds. For the foregoing reasons, the Court GRANTS the motion at Dkt. No. 66. On the understandings set forth in this Opinion, the Court appoints the Pentwater Funds as lead plaintiff and appoints their counsel, Bernstein Litowitz Berger & Grossman LLP, as class counsel. The Court therefore DENIES the remaining motions for appointment to lead plaintiff. The Clerk of Court is respectfully directed to terminate Dkt. Nos. 46, 49, 50, 55, 57, 62. IT IS FURTHER ORDERED that the newly-appointed lead plaintiff shall meet and confer with Defendants on a briefing schedule for a consolidated amended complaint and any motion to dismiss. The parties shall jointly submit a proposed schedule on ECF no later than January 29, 2021. If the parties are unable to agree on a proposed schedule, they may file separate proposals. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/15/2021) (ama) |
Filing 102 REPLY MEMORANDUM OF LAW in Support re: #55 MOTION to Appoint Chang Pin Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP. . Document filed by Chang Pin Lin..(Apton, Adam) |
Filing 101 RESPONSE in Support of Motion re: #49 MOTION to Appoint Paul Ciaglo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hach Rose Schirripa & Cheverie LLP as Lead Counsel., #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Paul Ciaglo..(Pavsner, Seth) |
Filing 100 RESPONSE re: #96 Declaration in Support of Motion, #94 Declaration in Support of Motion, #95 Declaration in Support of Motion, #93 Declaration in Support of Motion . Document filed by John J. Murphy..(Linkh, Gregory) |
Filing 99 MOTION for Michael Albert to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vitali Garon. (Attachments: #1 Affidavit of Michael Albert in Support, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Albert, Michael) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #99 MOTION for Michael Albert to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 98 PROPOSED ORDER. Document filed by Vitali Garon. Related Document Number: #97 ..(Albert, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 97 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael Albert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23452393. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vitali Garon. (Attachments: #1 Affidavit of Michael Albert in Support, #2 Exhibit A - Certificate of Good Standing).(Albert, Michael) Modified on 1/11/2021 (aea). |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #97 MOTION for Michael Albert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23452393. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) |
Filing 96 DECLARATION of Yu Ting Lin in Support re: #55 MOTION to Appoint Chang Pin Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Chang Pin Lin. (Attachments: #1 Exhibit).(Apton, Adam) |
Filing 95 DECLARATION of Yi Hsin Lin in Support re: #55 MOTION to Appoint Chang Pin Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Chang Pin Lin. (Attachments: #1 Exhibit).(Apton, Adam) |
Filing 94 DECLARATION of Chang Pin Lin in Support re: #55 MOTION to Appoint Chang Pin Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Chang Pin Lin..(Apton, Adam) |
Filing 93 DECLARATION of Matthew Halbower in Support re: #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Pentwater Funds..(Graziano, Salvatore) |
Filing 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/30/20 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-cv-08585-LJL, 1:20-cv-10198-LJL.(McGuirk, Kelly) |
Filing 91 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/30/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Khristine Sellin, (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 1/27/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/6/2021.Filed In Associated Cases: 1:20-cv-08585-LJL, 1:20-cv-10198-LJL.(McGuirk, Kelly) |
Minute Entry for proceedings held before Judge Lewis J. Liman: Status Conference held on 12/30/2020 by Telephone Conference. Counsel present by telephone for Plaintiff. Counsel present by telephone for Movants. Counsel present by telephone for Defendants. Court reporter present by telephone. The Court heard argument from various counsel regarding motions to be appointed as lead counsel for plaintiffs and motions to serve as lead plaintiff(s). Decision reserved by the Court. (mf) |
Filing 90 NOTICE OF APPEARANCE by Nicholas Ian Porritt on behalf of Chang Pin Lin..(Porritt, Nicholas) |
Filing 89 ORDER granting #87 Motion for Charles H. Linehan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mg) |
Filing 88 NOTICE OF APPEARANCE by Michael Dains Blatchley on behalf of Pentwater Funds..(Blatchley, Michael) |
Filing 87 MOTION for Charles H. Linehan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23254289. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John J. Murphy. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Linehan, Charles) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #87 MOTION for Charles H. Linehan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23254289. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
Filing 86 DECLARATION of Salvatore J. Graziano in Support re: #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Pentwater Funds. (Attachments: #1 Exhibit 1 - Supplemental Declaration of Matthew Halbower).(Graziano, Salvatore) |
Filing 85 MEMORANDUM OF LAW in Support re: #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Pentwater Funds..(Graziano, Salvatore) |
Filing 84 RESPONSE to Motion re: #55 MOTION to Appoint Chang Pin Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP., #49 MOTION to Appoint Paul Ciaglo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hach Rose Schirripa & Cheverie LLP as Lead Counsel., #62 MOTION to Appoint Ramakrishnan Natesan to serve as lead plaintiff(s) . MOTION to Approve Counsel ., #46 MOTION to Appoint Altannavch Sukhbaatar to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.., #50 MOTION to Appoint Counsel . MOTION to Appoint John J. Murphy to serve as lead plaintiff(s) ., #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Vitali Garon. (Attachments: #1 Hill v. Silver Lake Group L.L.C. Lead Plaintiff Order).(Rosenfeld, David) |
Filing 83 DECLARATION of Adam M. Apton in Opposition re: #57 MOTION to Appoint Vitali Garon to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #49 MOTION to Appoint Paul Ciaglo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hach Rose Schirripa & Cheverie LLP as Lead Counsel., #62 MOTION to Appoint Ramakrishnan Natesan to serve as lead plaintiff(s) . MOTION to Approve Counsel ., #46 MOTION to Appoint Altannavch Sukhbaatar to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.., #50 MOTION to Appoint Counsel . MOTION to Appoint John J. Murphy to serve as lead plaintiff(s) ., #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Chang Pin Lin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit).(Apton, Adam) |
Filing 82 MEMORANDUM OF LAW in Opposition re: #62 MOTION to Appoint Ramakrishnan Natesan to serve as lead plaintiff(s) . MOTION to Approve Counsel ., #57 MOTION to Appoint Vitali Garon to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #46 MOTION to Appoint Altannavch Sukhbaatar to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.., #49 MOTION to Appoint Paul Ciaglo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hach Rose Schirripa & Cheverie LLP as Lead Counsel., #50 MOTION to Appoint Counsel . MOTION to Appoint John J. Murphy to serve as lead plaintiff(s) ., #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Chang Pin Lin..(Apton, Adam) |
Filing 81 MEMORANDUM OF LAW in Opposition re: #62 MOTION to Appoint Ramakrishnan Natesan to serve as lead plaintiff(s) . MOTION to Approve Counsel ., #57 MOTION to Appoint Vitali Garon to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #55 MOTION to Appoint Chang Pin Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP., #46 MOTION to Appoint Altannavch Sukhbaatar to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.., #49 MOTION to Appoint Paul Ciaglo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hach Rose Schirripa & Cheverie LLP as Lead Counsel., #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by John J. Murphy..(Linkh, Gregory) |
Filing 80 NOTICE of Non-Opposition and Support of the Appointment of the Pentwater Funds as Lead Plaintiff and Approval of its Selection of Lead Counsel re: #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Paul Ciaglo..(Pavsner, Seth) |
Filing 79 NOTICE of Withdrawal of Motion re: #46 MOTION to Appoint Altannavch Sukhbaatar to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A... Document filed by Altannavch Sukhbaatar..(Kim, Phillip) |
Filing 78 ORDER denying and denying without prejudice (76) Letter Motion for Discovery in case 1:20-cv-08585-LJL. The motion to extend the deadlines for opposition briefs and for the hearing is denied. The motion for discovery is denied without prejudice. The parties should address Morrison issues in the opposition briefs due on December 28, 2020 and should be further prepared to address such issues at the hearing on December 30, 2020. In particular, the Pentwater Funds should have a representative present for the December 30 hearing prepared to answer the Court's questions (which may be asked to the representative under oath) regarding the Pentwater Funds' transactions. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Filed In Associated Cases: 1:20-cv-08585-LJL, 1:20-cv-10198-LJL (Liman, Lewis) |
Filing 77 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Salvatore J. Graziano dated December 24, 2020 re: #76 LETTER MOTION for Discovery from Movant Pentwater Funds pursuant to PSLRA addressed to Judge Lewis J. Liman from Nicholas Porritt dated December 23, 2020. . Document filed by Pentwater Funds. (Attachments: #1 Exhibit A - Letter to N. Porritt).(Graziano, Salvatore) |
Filing 76 LETTER MOTION for Discovery from Movant Pentwater Funds pursuant to PSLRA addressed to Judge Lewis J. Liman from Nicholas Porritt dated December 23, 2020. Document filed by Chang Pin Lin..(Porritt, Nicholas) |
Filing 75 NOTICE OF APPEARANCE by Leigha Empson on behalf of Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Empson, Leigha) |
Filing 74 NOTICE OF APPEARANCE by Jesse Bernstein on behalf of Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Bernstein, Jesse) |
Filing 73 NOTICE OF APPEARANCE by Jomaire Alicia Crawford on behalf of Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Crawford, Jomaire) |
Filing 72 NOTICE OF APPEARANCE by Renita Sharma on behalf of Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Sharma, Renita) |
Filing 71 NOTICE OF APPEARANCE by Richard Corey Worcester on behalf of Jean-Sebastien Jacques, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat..(Worcester, Richard) |
Filing 70 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Rio Tinto PLC for Rio Tinto International Holdings Limited; Other Affiliate Shining Prospect Pte. Ltd for Rio Tinto Limited, Rio Tinto PLC. Document filed by Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC..(Worcester, Richard) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #63 Proposed Order #47 Proposed Order #61 Proposed Order #69 Proposed Order was reviewed and approved as to form. (km) |
Filing 69 PROPOSED ORDER. Document filed by Pentwater Funds. Related Document Number: #66 ..(Graziano, Salvatore) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 68 DECLARATION of Salvatore J. Graziano in Support re: #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Pentwater Funds. (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Loss Charts, #3 Exhibit C - Declaration of Matthew Halbower, #4 Exhibit D - Bernstein Litowitz Resume).(Graziano, Salvatore) |
Filing 67 MEMORANDUM OF LAW in Support re: #66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Pentwater Funds..(Graziano, Salvatore) |
Filing 66 MOTION to Appoint Pentwater Funds to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Pentwater Funds..(Graziano, Salvatore) |
Filing 65 DECLARATION of Jeremy A. Lieberman in Support re: #62 MOTION to Appoint Ramakrishnan Natesan to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Ramakrishnan Natesan. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certification, #4 Exhibit D - Movant Declaration, #5 Exhibit E - Firm Resume).(Lieberman, Jeremy) |
Filing 64 MEMORANDUM OF LAW in Support re: #62 MOTION to Appoint Ramakrishnan Natesan to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by Ramakrishnan Natesan..(Lieberman, Jeremy) |
Filing 63 PROPOSED ORDER. Document filed by Ramakrishnan Natesan. Related Document Number: #62 ..(Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 62 MOTION to Appoint Ramakrishnan Natesan to serve as lead plaintiff(s) ., MOTION to Approve Counsel . Document filed by Ramakrishnan Natesan..(Lieberman, Jeremy) |
Filing 61 PROPOSED ORDER. Document filed by Vitali Garon. Related Document Number: #57 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 60 DECLARATION of David A. Rosenfeld in Support re: #57 MOTION to Appoint Vitali Garon to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Vitali Garon. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certification, #3 Exhibit C - Estimate of losses, #4 Exhibit D - Declaration of Vitali Garon).(Rosenfeld, David) |
Filing 59 MEMORANDUM OF LAW in Support re: #57 MOTION to Appoint Vitali Garon to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Vitali Garon..(Rosenfeld, David) |
Filing 58 DECLARATION of Shannon L. Hopkins in Support re: #55 MOTION to Appoint Chang Pin Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Chang Pin Lin. (Attachments: #1 Exhibit PSLRA Certification, #2 Exhibit Loss Chart, #3 Exhibit PSLRA Notice, #4 Exhibit LK Resume).(Hopkins, Shannon) |
Filing 57 MOTION to Appoint Vitali Garon to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Vitali Garon..(Rosenfeld, David) |
Filing 56 MEMORANDUM OF LAW in Support re: #55 MOTION to Appoint Chang Pin Lin to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP. . Document filed by Chang Pin Lin..(Hopkins, Shannon) |
Filing 55 MOTION to Appoint Chang Pin Lin to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Levi & Korsinsky, LLP. Document filed by Chang Pin Lin. (Attachments: #1 Text of Proposed Order).(Hopkins, Shannon) |
Filing 54 DECLARATION of Gregory B. Linkh in Support re: #50 MOTION to Appoint Counsel . MOTION to Appoint John J. Murphy to serve as lead plaintiff(s) .. Document filed by John J. Murphy. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - GPM Firm Resume).(Linkh, Gregory) |
Filing 53 DECLARATION of Frank R. Schirripa in Support re: #49 MOTION to Appoint Paul Ciaglo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hach Rose Schirripa & Cheverie LLP as Lead Counsel.. Document filed by Paul Ciaglo. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - PSLRA Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - HRS&C Firm Bio).(Pavsner, Seth) |
Filing 52 MEMORANDUM OF LAW in Support re: #50 MOTION to Appoint Counsel . MOTION to Appoint John J. Murphy to serve as lead plaintiff(s) . . Document filed by John J. Murphy..(Linkh, Gregory) |
Filing 51 MEMORANDUM OF LAW in Support re: #49 MOTION to Appoint Paul Ciaglo to serve as lead plaintiff(s) . MOTION to Appoint Counsel Hach Rose Schirripa & Cheverie LLP as Lead Counsel. . Document filed by Paul Ciaglo..(Pavsner, Seth) |
Filing 50 MOTION to Appoint Counsel ., MOTION to Appoint John J. Murphy to serve as lead plaintiff(s) . Document filed by John J. Murphy. (Attachments: #1 Text of Proposed Order).(Linkh, Gregory) |
Filing 49 MOTION to Appoint Paul Ciaglo to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Hach Rose Schirripa & Cheverie LLP as Lead Counsel. Document filed by Paul Ciaglo. (Attachments: #1 Text of Proposed Order).(Pavsner, Seth) |
Filing 48 MEMORANDUM OF LAW in Support re: #46 MOTION to Appoint Altannavch Sukhbaatar to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.. . Document filed by Altannavch Sukhbaatar. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume).(Kim, Phillip) |
Filing 47 PROPOSED ORDER. Document filed by Altannavch Sukhbaatar. Related Document Number: #46 ..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 46 MOTION to Appoint Altannavch Sukhbaatar to serve as lead plaintiff(s) ., MOTION to Appoint Counsel The Rosen Law Firm, P.A.. Document filed by Altannavch Sukhbaatar..(Kim, Phillip) |
Filing 45 STIPULATION AND ORDER CONSOLIDATING ACTIONS, WAIVING SERVICE OF PROCESS, APPROVING NOTICE TO INVESTORS, AND EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between undersigned counsel for Plaintiffs Franchi and Lion, on the one hand, and the Turquoise Hill Defendants and the Rio Tinto Defendants (collectively "Defendants"), on the other hand, subject to Court approval, that: (As further set forth herein this Stipulation.) Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, the above-captioned actions are hereby consolidated for all purposes. This action shall be captioned "In re Turquoise Hill Resources Ltd. Securities Litigation," and the file shall be maintained under Master File No. 20-CV-08585-LJL. 7. Any subsequently filed or transferred actions on behalf of the purchasers of the securities of Turquoise Hill Resources Ltd. related to the claims asserted in these cases will be consolidated with this action without notice seven (7) days after filing, absent objections by the parties to the subsequently filed or transferred actions. SO ORDERED, this 10th day of December, 2020. (Signed by Judge Lewis J. Liman on 12/10/2020) Filed In Associated Cases: 1:20-cv-08585-LJL, 1:20-cv-10198-LJL (va) |
Filing 44 PROPOSED STIPULATION AND ORDER. Document filed by Anthony Franchi..(Hunciker, Kurt) |
Filing 43 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Rio Tinto International Holdings Limited for Turquoise Hill Resources Ltd.,. Document filed by Turquoise Hill Resources Ltd.,..(Rosen, Richard) |
Filing 42 NOTICE OF APPEARANCE by Robert Neil Kravitz on behalf of Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Kravitz, Robert) |
Filing 41 NOTICE OF APPEARANCE by Richard A. Rosen on behalf of Luke Colton, Brendan Lane, Ulf Quellmann, Turquoise Hill Resources Ltd.,..(Rosen, Richard) |
Filing 40 AFFIDAVIT OF SERVICE of Summons and Complaint, Complaint,. Rio Tinto International Holdings Limited served on 11/16/2020, answer due 12/7/2020. Service was accepted by Kathy Krieger-Jewell, Authorized Agent. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 39 AFFIDAVIT OF SERVICE of Summons and Complaint, Complaint,. Rio Tinto Limited served on 11/16/2020, answer due 12/7/2020. Service was accepted by Kathy Krieger - Jewell, Authorized Agent. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 38 AFFIDAVIT OF SERVICE of Summons and Complaint, Complaint,. Rio Tinto PLC served on 11/16/2020, answer due 12/7/2020. Service was accepted by Kathy Krieger-Jewell, Authorized Agent. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 37 AFFIDAVIT OF SERVICE of Summons and Complaint,. Turquoise Hill Resources Ltd., served on 11/16/2020, answer due 12/7/2020. Service was accepted by Gina. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 36 SCHEDULING ORDER: Accordingly, it is hereby ORDERED that members of the purported class have until December 14, 2020 to move the Court to serve as lead plaintiff. Any opposition to any motion for appointment of lead plaintiff shall be served and filed by December 28, 2020. IT IS FURTHER ORDERED that a conference shall be held on December 30, 2020 at 2:00 p.m. to consider any motions for appointment of lead plaintiff and lead counsel, and/or forconsolidation. Parties are directed to dial into the Court's teleconference line at 888-251-2909, Access Code 2123101, and follow the necessary prompts. If an amended complaint or a related case is filed prior to appointment of a lead plaintiff, Plaintiff's counsel shall, within one week, submit a letter to the Court identifying any differences between the allegations in the new complaint(s) and the allegations in the original complaint (including but not limited to any differences in the claims asserted and the relevant class periods) and showing cause why the Court should not order republication of notice under the PSLRA and set a new deadline for the filing of motions for appointment. See, e,g., Hachem v. Gen. Elec. Inc., 2018 WL 1779345 (S.D.N.Y. Apr. 11, 2018).Named Plaintiff shall promptly serve a copy of this Order on each Defendant. SO ORDERED. Motions due by 12/14/2020. Responses due by 12/28/2020 Status Conference set for 12/30/2020 at 02:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 11/06/2020) (ama) |
Filing 35 ELECTRONIC SUMMONS ISSUED as to Rio Tinto International Holdings Limited..(dnh) |
Filing 34 ELECTRONIC AMENDED SUMMONS ISSUED as to Rio Tinto Limited..(dnh) |
Filing 33 ELECTRONIC AMENDED SUMMONS ISSUED as to Rio Tinto PLC..(dnh) |
Filing 32 ELECTRONIC AMENDED SUMMONS ISSUED as to Turquoise Hill Resources Ltd.,..(dnh) |
Filing 31 LETTER addressed to Judge Lewis J. Liman from Frank R. Schirripa dated 11/5/2020 re: Order Regarding Notice to Purported Plaintiff Class Members. Document filed by Anthony Franchi. (Attachments: #1 Exhibit Press Release).(Schirripa, Frank) |
Filing 30 REQUEST FOR ISSUANCE OF SUMMONS as to Rio Tinto International Holdings Limited, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 29 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Rio Tinto Limited, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 28 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Rio Tinto PLC, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 27 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Turquoise Hill Resources Ltd., re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Hunciker, Kurt) |
Filing 26 ELECTRONIC SUMMONS ISSUED as to Arnaud Soirat..(dnh) |
Filing 25 ELECTRONIC SUMMONS ISSUED as to Jean-Sebastien Jacques..(dnh) |
Filing 24 ELECTRONIC SUMMONS ISSUED as to Brendan Lane..(dnh) |
Filing 23 ELECTRONIC SUMMONS ISSUED as to Luke Colton..(dnh) |
Filing 22 ELECTRONIC SUMMONS ISSUED as to Ulf Quellmann..(dnh) |
Filing 21 ELECTRONIC SUMMONS ISSUED as to Rio Tinto Limited..(dnh) |
Filing 20 ELECTRONIC SUMMONS ISSUED as to Rio Tinto PLC..(dnh) |
Filing 19 ELECTRONIC SUMMONS ISSUED as to Turquoise Hill Resources Ltd.,..(dnh) |
Filing 17 NOTICE OF APPEARANCE by Seth Maxwell Pavsner on behalf of Anthony Franchi..(Pavsner, Seth) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Frank Rocco Schirripa to RE-FILE Document No. #11 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the party name listed in the defendant 'To' section contains a typographical error. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
Filing 18 ORDER REGARDING NOTICE TO PURPORTED PLAINTIFF CLASS MEMBERS. Section 78u-4(a)(3)(A) of the Private Securities Litigation Reform Act ("PSLRA"), 15 U.S.C. 78u-4(a)(3)(A), requires that "[n]ot later than 20 days after the date on which the complaint is filed, the plaintiff or plaintiffs shall cause to be published, in a widely circulated national business-oriented publication or wire service, a notice advising members of the purported plaintiff class...of the pendency of the action, the claims asserted therein, and the purported class period." 15 U.S.C. 78u-4(a)(3)(A)(i). It is hereby ORDERED that no later than November 10, 2020, Plaintiff shall advise the Court in writing of the date and manner in which it published this notice. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/15/2020) (rjm) |
Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Arnaud Soirat, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Jean- Sebastien Jacques, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Brendan Lane, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Luke Colton, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Ulf Quellmann, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Rio Tinto International Holdings Limited, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) Modified on 10/16/2020 (dnh). |
Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Rio Tinto Limited, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Rio Tinto PLC, re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Turquoise Hill Resources Ltd., re: #7 Complaint, #1 Complaint,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 7 COMPLAINT against Luke Colton, Jean Sebastien Jacques, Brendan Lane, Ulf Quellmann, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat, Turquoise Hill Resources Ltd.,. Document filed by Anthony Franchi..(Schirripa, Frank) |
Filing 6 CIVIL COVER SHEET filed..(Schirripa, Frank) |
Filing 5 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Luke Colton, Jean- Sbastien Jacques, Brendan Lane, Ulf Quellmann, Rio Tinto International Holdings Limited, Rio Tinto Limited, Rio Tinto PLC, Arnaud Soirat, Turquoise Hill Resources Ltd.,. Document filed by Anthony Franchi..(Schirripa, Frank) Modified on 10/15/2020 (dnh). |
Filing 4 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-22149418)Document filed by Anthony Franchi. (Attachments: #1 Cover Sheet).(Schirripa, Frank) Modified on 10/15/2020 (dnh). |
Magistrate Judge Barbara C. Moses 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) |
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Frank Rocco Schirripa. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Frank Rocco Schirripa to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; all of the parties as to whom the pleading is being filed against must be listed in the docket entry text. Hold the 'Ctrl' button to select multiple parties. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh) |
Case Designated ECF. (dnh) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Frank Rocco Schirripa to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): 'As to' Error; All of the parties as to whom the summons is being filed against must be listed in the as to docket entry text. Use the 'Ctrl' button to select multiple parties; do not use the all defendant radio button. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Frank Rocco Schirripa. The party information for the following party/parties has been modified: Jean- Sbastien Jacques. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (dnh) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Frank Rocco Schirripa re: Document No. #5 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add party Jeff Tygesen to CM/ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (dnh) Modified on 10/16/2020 (dnh). |
Filing 3 NOTICE OF APPEARANCE by Kurt Michael Hunciker on behalf of Anthony Franchi..(Hunciker, Kurt) |
Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to All Defendants, re: #1 Complaint. Document filed by Anthony Franchi..(Schirripa, Frank) Modified on 10/15/2020 (dnh). |
Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Anthony Franchi. (Filing Fee $ 400.00, Receipt Number ANYSDC-22138854)Document filed by Anthony Franchi. (Attachments: #1 Civil Cover Sheet).(Schirripa, Frank) Modified on 10/15/2020 (dnh). |
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