In re Evolus Inc. Securities Litigation
| Armin Malakouti, Daniel Mierlak and Mahmood Gholami |
| Rui Avelar, Lauren Silvernail, David Moatazedi and Evolus, Inc. |
| Brian Blanchette and Michael Getz |
| Clinton Cox |
| 1:2020cv08647 |
| October 16, 2020 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
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Filing 22
MEMO ENDORSEMENT on re: #21 Letter, filed by Armin Malakouti. ENDORSEMENT: The application is granted. All lead plaintiff motions filed by December 15, 2020 will be considered timely. Any opposition memoranda to competing lead plaintiff motions are to be filed by December 29, 2020, and any reply memoranda by January 5, 2021. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/9/2020) (jca)
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Set/Reset Deadlines: Motions due by 12/15/2020. Responses due by 12/29/2020, Replies due by 1/5/2021. (jca)
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Filing 21
LETTER addressed to Judge Paul G. Gardephe from David A. Rosenfeld dated December 7, 2020 re: Lead Plaintiff Motion Deadline. Document filed by Armin Malakouti. (Attachments: #1 Exhibit 1 - PSLRA Notice, #2 Exhibit 2 - 11/25/20 Lowey Dannenberg Press Release, #3 Exhibit 3 - 11/30/20 Pomerantz Press Release)Filed In Associated Cases: 1:20-cv-08647-PGG, 1:20-cv-09053-PGG.(Rosenfeld, David)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #18 Proposed Order was reviewed and approved as to form. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (dt)
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Filing 20
DECLARATION of Christian Levis in Support re: #17 MOTION to Appoint Armin Malakouti, Mahmood Gholami, Daniel Mierlak to serve as lead plaintiff(s) and Approval of Selection of Lead Counsel.. Document filed by Mahmood Gholami, Armin Malakouti, Daniel Mierlak. (Attachments: #1 Exhibit A - Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Shareholder Certifications, #4 Exhibit D - Firm Resume).(Levis, Christian)
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Filing 19
MEMORANDUM OF LAW in Support re: #17 MOTION to Appoint Armin Malakouti, Mahmood Gholami, Daniel Mierlak to serve as lead plaintiff(s) and Approval of Selection of Lead Counsel. . Document filed by Mahmood Gholami, Armin Malakouti, Daniel Mierlak..(Farah, Andrea)
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Filing 18
PROPOSED ORDER. Document filed by Mahmood Gholami, Armin Malakouti, Daniel Mierlak. Related Document Number: #17 ..(Farah, Andrea) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 17
MOTION to Appoint Armin Malakouti, Mahmood Gholami, Daniel Mierlak to serve as lead plaintiff(s) and Approval of Selection of Lead Counsel. Document filed by Armin Malakouti, Mahmood Gholami, Daniel Mierlak..(Farah, Andrea)
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Filing 16
DECLARATION of Jeremy A. Lieberman in Support re: #13 MOTION to Appoint Brian Blanchette and Michael Getz to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Brian Blanchette, Michael Getz. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certifications, #4 Exhibit D - Joint Declaration, #5 Exhibit E - Firm Resume).(Lieberman, Jeremy)
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Filing 15
MEMORANDUM OF LAW in Support re: #13 MOTION to Appoint Brian Blanchette and Michael Getz to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by Brian Blanchette, Michael Getz..(Lieberman, Jeremy)
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Filing 14
PROPOSED ORDER. Document filed by Brian Blanchette, Michael Getz. Related Document Number: #13 ..(Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 13
MOTION to Appoint Brian Blanchette and Michael Getz to serve as lead plaintiff(s) ., MOTION to Approve Counsel . Document filed by Brian Blanchette, Michael Getz..(Lieberman, Jeremy)
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Filing 12
STIPULATION AND ORDER EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINTS: NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through their respective counsel, subject to the approval of the Court, as follows: 1. The above-captioned related actions are consolidated for all purposes under the docket number of the lead case; 1:20-cv-08647 (PGG). Filings in the consolidated action shall bear the caption In re Evolus Inc. Securities Litigation. 2. Defendants' counsel identified below agrees to accept service of the Complaints on the Defendants' behalf, but each Defendant expressly reserves all rights, defenses, or other objections (other than insufficient process or insufficient service of process); 3. Defendants shall not be required to answer, move, or otherwise respond to the Complaints, and shall not waive any rights, arguments, or defenses by failing to answer, move, or otherwise respond to the Complaints, until after a lead plaintiff is appointed (in accordance with Paragraphs 5 and 6, below); 4. In the event that any substantially similar additional complaints are filed against Defendants arising out of the facts and circumstances alleged in the current Complaints, Defendants shall likewise not be required to answer, move, or otherwise respond to those additional complaints, and shall not waive any rights, arguments, or defenses by failing to answer, move, or otherwise respond to those additional complaints, until after a lead plaintiff is appointed (in accordance with Paragraphs 5 and 6, below); 5. Lead plaintiff shall file its consolidated or amended complaint, or deem one of the initial Complaints or subsequently filed additional complaints the operative complaint, within sixty (60) days of the Court's entry of an order appointing the lead plaintiff and approving lead counsel; 6. Defendants shall file their motion to dismiss or otherwise respond to the operative complaint within sixty (60) days thereafter; 7. Lead plaintiff shall file its opposition to Defendants' motion to dismiss within sixty (60) days thereafter; and 8. Defendants shall file their reply to lead plaintiff's opposition within forty-five (45) days thereafter. IT IS SO STIPULATED. IT IS SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/13/2020) Filed In Associated Cases: 1:20-cv-08647-PGG, 1:20-cv-09053-PGG (ks)
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Filing 11
PROPOSED STIPULATION AND ORDER. Document filed by Rui Avelar, Evolus, Inc., David Moatazedi, Lauren Silvernail..(Rosenberg, Jonathan)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Evolus, Inc...(Rosenberg, Jonathan)
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Filing 9
NOTICE OF APPEARANCE by Benjamin Andrew Bednark on behalf of Rui Avelar, Evolus, Inc., David Moatazedi, Lauren Silvernail..(Bednark, Benjamin)
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Filing 8
NOTICE OF APPEARANCE by Jonathan Rosenberg on behalf of Rui Avelar, Evolus, Inc., David Moatazedi, Lauren Silvernail..(Rosenberg, Jonathan)
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Filing 7
NOTICE OF APPEARANCE by Frank Strangeman on behalf of Armin Malakouti..(Strangeman, Frank)
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Filing 6
NOTICE OF PRETRIAL CONFERENCE: Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, anyone who appears at any SDNY courthouse must complete a questionnaire and have their temperature taken. Please see the instructions, attached below. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers if you do not meet the requirements. (And as further set forth herein.) SO ORDERED. Initial Conference set for 2/11/2021 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 10/20/2020) (jca)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Rui Avelar, Evolus, Inc., David Moatazedi, Lauren Silvernail..(jgo)
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***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;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
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Magistrate Judge Katharine H. Parker 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. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(jgo)
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Case Designated ECF. (jgo)
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Filing 4
NOTICE OF APPEARANCE by Andrea Farah on behalf of Armin Malakouti..(Farah, Andrea)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Evolus, Inc., David Moatazedi, Rui Avelar, Lauren Silvernail, re: #1 Complaint. Document filed by Armin Malakouti..(Levis, Christian)
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Filing 2
CIVIL COVER SHEET filed..(Levis, Christian)
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Filing 1
COMPLAINT against Rui Avelar, Evolus, Inc., David Moatazedi, Lauren Silvernail. (Filing Fee $ 400.00, Receipt Number ANYSDC-22175976)Document filed by Armin Malakouti..(Levis, Christian)
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