Erickson v. Jernigan Capital, Inc. et al
| John R. Erickson |
| Harry J. Thie, Jernigan Capital, Inc., Howard A. Silver, James Dondero, John A. Good, Mark O. Decker and Rebecca Owen |
| 1:2020cv09575 |
| November 13, 2020 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Jennifer L Rochon |
| Mary Kay Vyskocil |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 103
OPINION AND ORDER for #95 REPORT & RECOMMENDATION MOTION TO CERTIFY CLASS re: #76 MOTION to Certify Class filed by John R. Erickson. For the foregoing reasons and, having concluded that there is no clear error in the parts of the R&R to which the parties did not object, the Court adopts the R&R in full and grants the motion to certify the class. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 76. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/14/2023) (jca)
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Filing 102
DECLARATION of Noam Mandel in Support re: #101 Response. Document filed by John R. Erickson. (Attachments: #1 Exhibit A - Deposition Transcript Excerpt of Paul Zurek, Ph.D., #2 Exhibit B - Lead Plaintiffs Motion for Class Certification Oral Argument Transcript).(Mandel, Noam)
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Filing 101
RESPONSE re: #100 Objection to Report and Recommendations,, . Document filed by John R. Erickson..(Mandel, Noam)
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Filing 100
OBJECTION to #95 Report and Recommendations Regarding Class Certification Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie. (Attachments: #1 Affidavit (Declaration) of Matthew L. DiRisio in Support, #2 Exhibit A - Excerpted May 20, 2022 oral argument transcript on Defendants' Motion to Dismiss the Amended Complaint, #3 Exhibit B - Excerpted June 9, 2023 oral argument transcript on Plaintiff's Motion for Class Certification).(DiRisio, Matthew)
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Filing 99
ORDER granting in part #98 Letter Motion for Extension of Time to File. The request is GRANTED in part. The parties shall adhere to the schedule as edited below. The Court does not require a reply brief. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 6/16/2023) (jca)
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Filing 98
CONSENT LETTER MOTION for Extension of Time to File Objections to Report and Recommendation regarding Motion To Certify Class (ECF No. 95) addressed to Judge Jennifer L. Rochon from Matthew L. DiRisio dated June 15, 2023. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 97
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a STATUS CONFERENCE proceeding held on 6/9/2023 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....(js)
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Filing 96
TRANSCRIPT of Proceedings re: STATUS CONFERENCE held on 6/9/2023 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Adrienne Mignano, 92120 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/13/2023. (js)
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Filing 95
REPORT & RECOMMENDATION MOTION TO CERTIFY CLASS re: #76 MOTION to Certify Class . filed by John R. Erickson. For the reasons set forth above, I respectfully recommend that the motion for class certification be granted. Objections to R&R due by 6/26/2023 (Signed by Magistrate Judge Katharine H. Parker on 6/12/2023) (rro)
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Filing 94
Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker - Courtroom 17D: Oral Argument re: #76 MOTION to Certify Class . filed by John R. Erickson / Status / Scheduling - held on 6/9/2023 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
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NOTICE TO COUNSEL: REMINDER of the Oral Argument set for 6/9/2023 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Judge Katharine H. Parker re: #93 Order (ca)
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Filing 93
ORDER SCHEDULING ORAL ARGUMENT: An Oral Argument for class certification is hereby scheduled in this matter for Friday, June 9, 2023 at 2:00 p.m. in Courtroom 17D, 500 Pearl Street, New York, New York. Oral Argument shall focus on the Rule 23(b) predominance factor. SO ORDERED. ( Oral Argument set for 6/9/2023 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/17/2023) (vfr)
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Filing 92
ORDER granting #90 Letter Motion to Continue. The oral argument scheduled on Friday, May 12, 2023, at 2:00 p.m. is adjourned. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/10/2023) (vfr)
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Filing 91
REPLY MEMORANDUM OF LAW in Opposition re: #76 MOTION to Certify Class . {Defendants' Sur-Reply Memorandum in Further Opposition To Lead Plaintiff's Motion for Class Certification}. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 90
CONSENT LETTER MOTION to Continue Oral Argument on the Class Certification Motion Until Monday, May 15, 2023, addressed to Magistrate Judge Katharine H. Parker from Matthew L. DiRisio dated May 9, 2023. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 89
ORDER SCHEDULING ORAL ARGUMENT granting #88 Letter Motion for Leave to File Document. Defendants' motion to allow a sur-reply is granted. (ECF No. 88.) Oral Argument on the motion for class certification is hereby scheduled in this matter for Friday, May 12, 2023 at 2:00 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/9/2023) (vfr)
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Set/Reset Hearings: Oral Argument set for 5/12/2023 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (vfr)
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Filing 88
LETTER MOTION for Leave to File Sur-Reply in Further Opposition to Plaintiff's Motion for Class Certification addressed to Magistrate Judge Katharine H. Parker from Matthew L. DiRisio dated May 8, 2023. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie. (Attachments: #1 Exhibit - [Proposed] Defendants' Sur-Reply Memorandum in Further Opposition To Lead Plaintiff's Motion for Class Certification).(DiRisio, Matthew)
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Filing 87
DECLARATION of Noam Mandel in Support re: #76 MOTION to Certify Class .. Document filed by John R. Erickson. (Attachments: #1 Exhibit A - Zurek Tr. Excerpt, #2 Exhibit B - Nye Tr. Excerpt, #3 Exhibit C - Exhibit 7 to Zurek Tr., #4 Exhibit D - Exhibit 8 to Zurek Tr., #5 Exhibit E - Erickson Tr. Excerpt).(Mandel, Noam)
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Filing 86
REPLY MEMORANDUM OF LAW in Support re: #76 MOTION to Certify Class . . Document filed by John R. Erickson..(Mandel, Noam)
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Filing 85
DECLARATION of Matthew L. DiRisio in Opposition re: #76 MOTION to Certify Class .. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie. (Attachments: #1 Exhibit A - Dr. Paul Zurek, Ph.D's February 22, 2022 Expert Report, #2 Exhibit B - Excerpts of Plaintiff John Erickson's February 9, 2023 Deposition Transcript, #3 Exhibit C - Excerpts of Dr. Zachary Nye's January 27, 2023 Deposition Transcript, #4 Exhibit D - Definitive Proxy filed Sept. 23, 2020, #5 Exhibit E - Form 8-K filed Oct. 26, 2020, #6 Exhibit F - 3Q 10-Q filed Nov. 9, 2020).(DiRisio, Matthew)
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Filing 84
MEMORANDUM OF LAW in Opposition re: #76 MOTION to Certify Class . . Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Set/Reset Deadlines: Replies due by 4/21/2023. (yv)
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Filing 83
ORDER granting #82 Letter Motion for Extension of Time. Application Granted. ( Deposition due by 4/21/2023. Motions due by 5/7/2023.) (Signed by Magistrate Judge Katharine H. Parker on 2/13/23) (yv)
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Set/Reset Deadlines: Responses due by 2/22/2023 (yv)
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Filing 82
CONSENT LETTER MOTION for Extension of Time in Re: Class Certification Schedule (ECF No. 73) addressed to Magistrate Judge Katharine H. Parker from Matthew L. DiRisio dated February 10, 2023. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 81
NOTICE of Filing. Document filed by John R. Erickson. (Attachments: #1 Exhibit Declaration, #2 Exhibit A - Certification).(Mandel, Noam)
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Filing 80
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: ECF No. 76 Mot. to Certify Class Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. Motions referred to Katharine H. Parker. (Signed by Judge Jennifer L. Rochon on 1/10/2023) (jca)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #79 Proposed Order was reviewed and approved as to form. (nd)
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Filing 79
PROPOSED ORDER. Document filed by John R. Erickson. Related Document Number: #76 ..(Mandel, Noam) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 78
DECLARATION of Noam Mandel in Support re: #76 MOTION to Certify Class .. Document filed by John R. Erickson. (Attachments: #1 Exhibit A - Lead Plaintiffs Declaration in Support of Motion, #2 Exhibit B - Expert Report of Zachary Nye, Ph.D, dated December 15, 2022, #3 Exhibit C - Robbins Geller Rudman & Dowd LLP Firm Resume).(Mandel, Noam)
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Filing 77
MEMORANDUM OF LAW in Support re: #76 MOTION to Certify Class . . Document filed by John R. Erickson..(Mandel, Noam)
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Filing 76
MOTION to Certify Class . Document filed by John R. Erickson..(Mandel, Noam)
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Filing 75
STIPULATION AND ORDER CONCERNING EXPERT DISCOVERY This Stipulation is entered into by Lead Plaintiff John R. Erickson and Defendants Jernigan Capital, Inc., John A. Good, Mark O. Decker, James Dondero, Howard A. Silver, Harry J. Thie, and Rebecca Owen (collectively, the "Parties" and individually, a "Party"), by and through their undersigned counsel. The Parties agree that the following provisions of this Stipulation shall govern reports, disclosures and discovery with respect to testifying expert witnesses disclosed pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure (each a "Testifying Expert") in the above-captioned action (the "Action"), notwithstanding any other potentially applicable law or rule to the contrary. Nothing in this Stipulation constitutes an admission or concession that any of the information exempted from discovery by this Stipulation would otherwise be discoverable or admissible. Further, nothing in this Stipulation permits discovery of any information that would otherwise be protected from discovery by the attorney client privilege, work product doctrine or other applicable privileges or protections. This Stipulation may be amended only by a subsequent written stipulation among the Parties or upon order of the Court. This Stipulation may be executed in counterparts and shall become effective as a stipulation as among the executing Parties immediately upon its execution by such executing Parties. IT IS SO STIPULATED. (And as further set forth herein.) IT IS SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/12/2022) (jca)
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Filing 74
JOINT LETTER addressed to Judge Jennifer L. Rochon from Matthew DiRisio and Noam Mandel dated December 9, 2022 re: Expert Discovery Stipulation. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie. (Attachments: #1 Text of Proposed Order - Stipulation and [Proposed] Order Concerning Expert Discovery).(DiRisio, Matthew)
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Filing 73
JOINT SCHEDULING STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned attorneys for the respective Parties, subject to the approval of the Court, that the schedule for class certification briefing and expert reports shall be as follows: 1. Plaintiff shall move for class certification and file any supporting expert report(s) by December 15, 2022. 2. Defendants shall depose Plaintiff and Plaintiff's expert(s) and file any opposition to Plaintiffs class certification motion, including any opposition expert report(s), by February 15, 2023. 3. Plaintiff shall depose Defendants' expert(s) and file any reply, including any rebuttal expert reports, by April 14, 2023. 4. Defendants shall seek leave of Court to file any sur-reply by April 30, 2023. 5. All other provisions of the CMP shall remain in effect. IT IS SO ORDERED. (Deposition due by 4/14/2023. Motions due by 12/15/2022. Responses due by 2/15/2023. Replies due by 4/14/2023.) (Signed by Judge Jennifer L. Rochon on 10/12/2022) (mml)
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Filing 72
JOINT LETTER addressed to Judge Jennifer L. Rochon from Matthew DiRisio and Noam Mandel dated October 11, 2022 re: Response to Notice of Reassignment (ECF No. 71). Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie. (Attachments: #1 Text of Proposed Order - Joint Scheduling Stipulation and [Proposed] Order).(DiRisio, Matthew)
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Filing 71
NOTICE OF REASSIGNMENT This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-1-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages. If this case has been settled or otherwise terminated, counsel need not submit such letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions 13.17-13.19, available at http://nysd.uscourts.gov/ecf filing.php. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-1-rochon. (And as further set forth herein.) SO ORDERED (Signed by Judge Jennifer L. Rochon on 9/26/2022) (jca)
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Filing 70
JOINT LETTER addressed to Judge Jennifer L. Rochon from Matthew DiRisio and Noam Mandel dated September 26, 2022 re: Advising the Court pursuant to the Civil Case Management Plan and Scheduling Order (ECF No. 66). Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Mary Kay Vyskocil is no longer assigned to the case..(kgo)
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Filing 69
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/20/2022 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....(McGuirk, Kelly)
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Filing 68
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/20/2022 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Raquel Robles, (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 10/4/2022. Redacted Transcript Deadline set for 10/14/2022. Release of Transcript Restriction set for 12/12/2022..(McGuirk, Kelly)
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Filing 67
ANSWER to #36 Amended Complaint,. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 66
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. All precertification discovery shall be completed no later than December 15, 2022. Lead Plaintiff shall move for class certification by December 15, 2022. Defendants shall oppose or otherwise respond by January 16, 2023. Lead Plaintiff shall reply by January 26, 2023. The Court advises the parties that this estimate is unrealistically long. The parties shall file a joint status letter within 3 business days of their meeting and advise the Court whether they seek a referral to the Magistrate Judge or S.D.N.Y. mediation program. Within one week of the ruling on the motion for class certification, the parties shall propose a schedule for any remaining discovery. Motions due by 12/15/2022. Responses due by 1/16/2023 Replies due by 1/26/2023. Discovery due by 12/15/2022. Estimate length of trial 1 to 2 weeks. Status Conference set for 3/2/2023 at 10:30 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 8/19/2022) (tg) Modified on 8/26/2022 (tg).
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Filing 65
PROPOSED CASE MANAGEMENT PLAN. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 64
JOINT LETTER addressed to Judge Mary Kay Vyskocil from Noam Mandel dated August 15, 2022 re: Case Management Plan. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 63
ORDER granting #60 Motion to Withdraw as Attorney. Attorney Sarah Delaney terminated (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 62
OPINION & ORDER DENYING MOTION TO DISMISS re: #43 MOTION to Dismiss Amended Complaint. filed by Harry J. Thie, James Dondero, Jernigan Capital, Inc., Rebecca Owen, Mark O. Decker, John A. Good, Howard A. Silver. For the reasons stated above, the Court rejects Defendants' arguments that the Amended Complaint fails to state a claim under Section 14(a) of the Securities Exchange Act of 1934. The Court, therefore, necessarily rejects Defendants' only argument that the Amended Complaint fails to state a claim under Section 20(a). Accordingly, Defendants' motion to dismiss the Amended Complaint is DENIED. The Clerk of Court respectfully is requested to terminate the motion pending at docket entry 43. The parties shall file a joint letter and proposed Case Management Plan, in accordance with the Court's Individual Rules, by August 15, 2022. The parties shall include a proposed briefing schedule for Lead Plaintiff's motion for class certification. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/1/2022) (kv)
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Filing 61
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by John R. Erickson. Related Document Number: #60 ..(Mandel, Noam)
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Filing 60
MOTION for Sarah Delaney to Withdraw as Attorney . Document filed by John R. Erickson..(Mandel, Noam)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Oral Argument held on 5/20/2022. (Court Reporter Raquel Robles) (rz)
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Filing 59
ORDER: To accommodate the Court's calendar, IT IS HEREBY ORDERED the May 20, 2022 oral argument will begin at 10:00 a.m. The Court has reserved one hour for the oral argument. SO ORDERED. ( Oral Argument set for 5/20/2022 at 10:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 5/12/2022) (tg)
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Filing 58
ORDER: Because of an unavoidable conflict in the Court's calendar, IT IS HEREBY ORDERED that the oral argument that was previously scheduled to take place on April 22, 2022 is adjourned to May 20, 2022 at 11:00 a.m. The Court apologizes for the inconvenience and delay. SO ORDERED. ( Oral Argument set for 5/20/2022 at 11:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 4/15/2022) (vfr)
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Filing 57
NOTICE of Supplemental Authority re: #48 Memorandum of Law in Opposition to Motion, #56 Letter,,. Document filed by John R. Erickson. (Attachments: #1 Exhibit A - Baum v. Harman International Industries, Inc., __F.Supp.3d__, 2021 WL 5908929 (D. Conn. Dec. 14, 2021)).(Mandel, Noam)
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Filing 56
LETTER addressed to Judge Mary Kay Vyskocil from Defendants dated March 31, 2022 re: Supplemental Authority in Support of #43 Motion to Dismiss Amended Complaint. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie. (Attachments: #1 Exhibit A - In re Resolute Energy Corp. Securities Litigation, No. 21-1412, 2022 WL 260059 (3d Cir. Jan. 27, 2022), #2 Exhibit B - Kuebler v. Vectren Corp., No. 19-2973, 13 F.4th 631 (7th Cir. Sept. 13, 2021)).(DiRisio, Matthew)
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Filing 55
ORDER granting #46 Letter Motion for Oral Argument. IT IS HEREBY ORDERED that the parties shall appear for oral argument on Friday, April 22, 2022 at 10:30 a.m. in Courtroom 18C of 500 Pearl Street, New York, NY 10007. The Clerk of Court is respectfully directed to terminate the letter motion pending at docket entry 46. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/10/2022) (tg)
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Set/Reset Hearings: Oral Argument set for 4/22/2022 at 10:30 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (tg)
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Filing 54
RESPONSE re: #52 Notice (Other), of Supplemental Authority re: #48 Memorandum of Law in Opposition to Motion. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 53
ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW COUNSEL granting #50 Motion to Withdraw as Attorney. Upon consideration of the Motion for Leave to Withdraw Joshua R. Nelson as counsel for Lead Plaintiff John R. Erickson ("Plaintiff"), it is hereby ORDERED that Plaintiff's Motion is GRANTED and Joshua R. Nelson, Esq. shall be removed as counsel for Plaintiff in the above- captioned matter. Attorney Joshua Nelson terminated. (Signed by Judge Mary Kay Vyskocil on 12/16/2021) (tg)
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Filing 52
NOTICE of Supplemental Authority re: #48 Memorandum of Law in Opposition to Motion. Document filed by John R. Erickson. (Attachments: #1 Exhibit A - Altimeo Asset Management v. Qihoo 360 Technology Co. Ltd., No. 20-3074, 2021 WL 5499455 (2d Cir. Nov. 24, 2021)).(Mandel, Noam)
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Filing 51
NOTICE OF APPEARANCE by Sarah Delaney on behalf of John R. Erickson..(Delaney, Sarah)
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Filing 50
MOTION for Joshua R. Nelson to Withdraw as Attorney . Document filed by John R. Erickson. (Attachments: #1 Proposed Order).(Mandel, Noam)
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Filing 49
REPLY MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss Amended Complaint. . Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 48
MEMORANDUM OF LAW in Opposition re: #43 MOTION to Dismiss Amended Complaint. . Document filed by John R. Erickson..(Mandel, Noam)
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Filing 47
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Extra Space Storage, Inc., Other Affiliate NexPoint Advisors, L.P., Other Affiliate NexPoint Strategic Opportunities Fund, Other Affiliate NexPoint Real Estate Finance Inc., Other Affiliate Highland Income Fund for Jernigan Capital, Inc.. Document filed by Jernigan Capital, Inc...(DiRisio, Matthew)
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Filing 46
LETTER MOTION for Oral Argument re: (43) MOTION to Dismiss Amended Complaint addressed to Judge Mary Kay Vyskocil from Matthew L. DiRisio dated June 30, 2021. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 45
DECLARATION of Matthew L. DiRisio in Support re: #43 MOTION to Dismiss Amended Complaint.. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie. (Attachments: #1 Exhibit A - Definitive Proxy filed Sept. 23, 2020, #2 Exhibit B - Supplemental Proxy filed Oct. 16, 2020, #3 Exhibit C - 1Q 10-Q filed May 8, 2020, #4 Exhibit D - 2Q 10-Q filed Aug. 7, 2020, #5 Exhibit E - Press Release filed Oct. 26, 2020, #6 Exhibit F - 3Q 10-Q filed Nov. 9, 2020, #7 Exhibit G - Internalization Proxy filed Jan. 17, 2020).(DiRisio, Matthew)
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Filing 44
MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss Amended Complaint. . Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 43
MOTION to Dismiss Amended Complaint. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 42
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate NexPoint Advisors, L.P., Other Affiliate NexPoint Strategic Opportunities Fund, Other Affiliate NexPoint Real Estate Finance Inc. for Jernigan Capital, Inc.. Document filed by Jernigan Capital, Inc...(DiRisio, Matthew)
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Filing 41
ORDER terminating #39 Motion for Conference re: #39 LETTER MOTION for Conference re: #36 Amended Complaint, request for leave to file a motion to dismiss the amended complaint addressed to Judge Mary Kay Vyskocil from Matthew L. DiRisio dated May 21, 2021. The Court is in receipt of the parties' letters about Defendant's contemplated motion to dismiss the Amended Complaint [ECF #39, 40]. IT IS HEREBY ORDERED that Defendants shall file their contemplated motion by June 30, 2021. Plaintiff shall respond by July 30, 2021, and Defendants shall reply by August 20, 2021. The Clerk of Court is respectfully directed to terminate the letter motion pending at docket entry 39. SO ORDERED.. (Signed by Judge Mary Kay Vyskocil on 6/9/2021) (rj)
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Set/Reset Deadlines: Motions due by 6/30/2021. Responses due by 7/30/2021 Replies due by 8/20/2021. (rj)
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Filing 40
LETTER addressed to Judge Mary Kay Vyskocil from Noam Mandel dated May 26, 2021 re: Response to Defendants Letter Motion (ECF No. 39). Document filed by John R. Erickson..(Mandel, Noam)
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Filing 39
LETTER MOTION for Conference re: #36 Amended Complaint, request for leave to file a motion to dismiss the amended complaint addressed to Judge Mary Kay Vyskocil from Matthew L. DiRisio dated May 21, 2021. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 38
NOTICE OF APPEARANCE by Jonathan Charles Zweig on behalf of John R. Erickson..(Zweig, Jonathan)
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Filing 37
NOTICE OF APPEARANCE by Joshua Nelson on behalf of John R. Erickson..(Nelson, Joshua)
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Filing 36
AMENDED COMPLAINT amending #1 Complaint against Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie with JURY DEMAND.Document filed by John R. Erickson. Related document: #1 Complaint..(Mandel, Noam)
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Filing 35
JOINT SCHEDULING STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned attorneys for the respective Parties, subject to the approval of the Court, as follows: Defendants shall not be required to move, answer, or otherwise respond to, and are expressly relieved from answering or otherwise responding to, any complaint in the above-captioned action or any related action other than in accordance with the schedule set forth herein. Lead Plaintiff shall file and serve an amended complaint (or inform Defendants that it shall not file such amended complaint) by April 6, 2021. Defendants shall answer, request a pre-motion conference pursuant to Rule 4.A.i. of Your Honor's Individual Rules of Practice in Civil Cases in connection with a motion to dismiss, or otherwise respond to the operative complaint by May 21, 2021. Following any pre-motion conference pursuant to such request (or a determination by the Court not to hold such conference), the Parties shall promptly confer on, and submit for the Court's approval, a briefing schedule with respect to Defendants' anticipated motion to dismiss. The deadlines imposed by, and conferences scheduled in, the February 11, 2021 Scheduling Order are adjourned without date pending determination of Defendants' anticipated motion to dismiss. IT IS SO ORDERED., ( Amended Pleadings due by 4/6/2021., Motions due by 5/21/2021.) (Signed by Judge Mary Kay Vyskocil on 2/24/2021) (ama)
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Filing 34
MEMO ENDORSEMENT: on re: #33 Letter, filed by Harry J. Thie, James Dondero, Jernigan Capital, Inc., Rebecca Owen, Mark O. Decker, John A. Good, Howard A. Silver. ENDORSEMENT: This request is GRANTED. The IPTC and the deadline to file the submissions for the IPTC [see ECF #30] are adjourned sine die. The Court will issue a separate scheduling order. (Signed by Judge Mary Kay Vyskocil on 2/24/2021) (ama)
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Filing 33
JOINT LETTER addressed to Judge Mary Kay Vyskocil from Matthew L. DiRisio dated February 24, 2021 re: Joint Scheduling Stipulation and Proposed Order. Document filed by Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie. (Attachments: #1 Joint Scheduling Stipulation and [Proposed] Order).(DiRisio, Matthew)
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Filing 32
NOTICE OF APPEARANCE by Desiree Cummings on behalf of John R. Erickson..(Cummings, Desiree)
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Filing 31
NOTICE OF APPEARANCE by Christopher Chad Johnson on behalf of John R. Erickson..(Johnson, Christopher)
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Filing 30
SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall appear for an Initial Pretrial Conference and a Pre-Motion Conference [see ECF #34] on March 11, 2021 at 11:00 AM. The conference will be held by telephone. To join, dial 888-278-0296 at the scheduled time. When prompted, enter Access Code 5195844. IT IS FURTHER ORDERED that the parties shall file on ECF a joint letter and Proposed Case Management Plan, as described in the Court's Individual Rules of Practice in Civil Cases, by March 4, 2021; as further set forth herein. ( Pre-Motion Conference set for 3/11/2021 at 11:00 AM before Judge Mary Kay Vyskocil. Initial Conference set for 3/11/2021 at 11:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 2/11/2021) (mro)
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Filing 29
NOTICE OF APPEARANCE by Matthew Lawrence DiRisio on behalf of Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(DiRisio, Matthew)
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Filing 28
NOTICE OF APPEARANCE by James P. Smith, III on behalf of Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie..(Smith, James)
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Filing 27
ORDER GRANTING JOHN R. ERICKSON'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF, APPROVAL OF LEAD COUNSEL, AND CONSOLIDATION OF RELATED ACTIONS granting #24 Letter Motion to Consolidate Cases. Upon consideration of John R. Erickson's Motion for Appointment as Lead Plaintiff, Approval of Lead Counsel, and Consolidation of Related Actions; and good cause appearing therefore, the Court ORDERS as follow: 1. The Motion is GRANTED; 2. John R. Erickson is appointed as Lead Plaintiff pursuant to 15 U.S.C. 78u-4(a)(3)(B)(iii); 3. John R. Erickson's selection of Lead Counsel is approved and Robbins Geller Rudman & Dowd LLP is appointed as Lead Counsel for the class pursuant to 15 U.S.C. 78u-4(a)(3)(B)(v); and 4. Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, all securities class actions pending, subsequently filed, removed, or transferred to this District that are related to the claims asserted in the above-captioned case shall be consolidated for all purposes with Erickson v. Jernigan Capital, Inc., No. 1:20-cv-09575-MKV (S.D.N.Y.) (the "Consolidated Action"). The Consolidated Action shall be captioned In re Jernigan Capital, Inc. Securities Litigation and the file shall be maintained underMaster File No. 1:20-cv-09575-MKV. Counsel for Defendants shall promptly file notices of appearance in 20-cv-9575. The Clerk of Court is respectfully directed to terminate the letter motion at docket entry 24. (Signed by Judge Mary Kay Vyskocil on 2/5/2021) (mro)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (km)
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Filing 26
PROPOSED STIPULATION AND ORDER. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 25
PROPOSED ORDER. Document filed by John R. Erickson. Related Document Number: #24 ..(Mandel, Noam) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 24
LETTER MOTION to Consolidate Cases Letter Motion regarding Proposed Order appointing Lead Plaintiff, appointing Lead Counsel and Consolidating Related Matters and Revised Joint Scheduling Stipulation and Proposed Order addressed to Judge Mary Kay Vyskocil from Noam Mandel dated 2/3/2021. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 23
ORDER denying #13 Letter Motion to Consolidate Cases in 20-cv-7160-ER; denying #13 Motion to Appoint in 20-cv-7160-ER; denying #13 Motion to Appoint Counsel in 20-cv-7160-ER; denying #17 Letter Motion to Consolidate Cases in 20-cv-7160-ER; denying #18 Motion to Appoint in 20-cv-9575-ER; denying #18 Motion to Appoint Counsel in 20-cv-9575-ER; denying #18 Letter Motion to Consolidate Cases in 20-cv-9575-ER; denying #22 Letter Motion to Consolidate Cases in 20-cv-9575-ER. The Court is in receipt of Movant Erickson's motion to consolidate the above-captioned cases and be appointed lead counsel. Docs. 13, 17. However, Case No. 18-cv-7160-ER was dismissed on October 29, 2020 pursuant to Plaintiff Pollack's notice of voluntary dismissal. Case No. 18-cv-7160-ER is thus closed. Erickson's motion to be appointed lead plaintiff and consolidate the above-captioned cases is therefore DENIED. The Clerk of the Court is respectfully instructed to terminate docket numbers 13 and 17. (Signed by Judge Edgardo Ramos on 1/14/2021) (mro)
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Filing 22
LETTER MOTION to Consolidate Cases 1:20-cv-07160; 1:20-cv-09575 addressed to Judge Edgardo Ramos from Noam Mandel dated December 1, 2020. Document filed by John R. Erickson. (Attachments: #1 Joint Scheduling Stipulation and [Proposed] Order).(Mandel, Noam)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (km)
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Filing 21
PROPOSED ORDER. Document filed by John R. Erickson. Related Document Number: #18 ..(Mandel, Noam) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 20
DECLARATION of Noam Mandel in Support re: #18 MOTION to Appoint John R. Erickson to serve as lead plaintiff(s) . MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:20-cv-07160; 1:20-cv-09575 .. Document filed by John R. Erickson. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certification, #3 Exhibit C - Firm Resume).(Mandel, Noam)
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Filing 19
MEMORANDUM OF LAW in Support re: #18 MOTION to Appoint John R. Erickson to serve as lead plaintiff(s) . MOTION to Appoint Counsel . MOTION to Consolidate Cases 1:20-cv-07160; 1:20-cv-09575 . . Document filed by John R. Erickson..(Mandel, Noam)
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Filing 18
MOTION to Appoint John R. Erickson to serve as lead plaintiff(s) ., MOTION to Appoint Counsel ., MOTION to Consolidate Cases 1:20-cv-07160; 1:20-cv-09575 . Document filed by John R. Erickson..(Mandel, Noam)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Rebecca Owen..(dnh)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Mark O. Decker..(dnh)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to John A. Good..(dnh)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Jernigan Capital, Inc...(dnh)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to James Dondero..(dnh)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Howard A. Silver..(dnh)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Harry J. Thie..(dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)
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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. (dnh)
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Case Designated ECF. (dnh)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Noam Noah Mandel. The party information for the following party/parties has been modified: John R. Erickson. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh)
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Filing 10
STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-07160 (ER). Document filed by John R. Erickson..(Mandel, Noam)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to REBECCA OWEN, re: #1 Complaint. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to MARK O. DECKER, re: #1 Complaint. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to JOHN A. GOOD, re: #1 Complaint. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to JERNIGAN CAPITAL, INC., re: #1 Complaint. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to JAMES DONDERO, re: #1 Complaint. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to HOWARD A. SILVER, re: #1 Complaint. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to HARRY J. THIE, re: #1 Complaint. Document filed by John R. Erickson..(Mandel, Noam)
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Filing 2
CIVIL COVER SHEET filed..(Mandel, Noam)
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Filing 1
COMPLAINT against Mark O. Decker, James Dondero, John A. Good, Jernigan Capital, Inc., Rebecca Owen, Howard A. Silver, Harry J. Thie. (Filing Fee $ 400.00, Receipt Number ANYSDC-22575387)Document filed by John R. Erickson..(Mandel, Noam)
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