Chechele v. Ho et al
| Donna Ann Gabriele Chechele |
| Sai Yuen Ho and Billy Ho |
| Blackberry Limited |
| 1:2020cv10036 |
| December 1, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Securities/Commodities |
| 28 U.S.C. § 1331 sv |
| None |
Docket Report
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Filing 10
ORDER AND FINAL JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. The Court has jurisdiction over the subject matter of this action and, in respect of such subject matter, over the Plaintiff, over BlackBerry Limited ("BlackBerry"), and over Sai Yuen Ho (a/k/a Billy Ho) ("Ho"). 2. The Court finds that Plaintiff, through her counsel, has diligently prosecuted the claims set forth in the Complaint on behalf of BlackBerry. 3. The parties' Stipulation of Settlement dated December 21, 2020 (a copy of which is annexed hereto as Exhibit 1) (the "Stipulation") is hereby approved as fair, reasonable and adequate and in the best interests of BlackBerry and its shareholders. The parties are directed to consummate their settlement in accordance with the terms and provisions of the Stipulation. 4. This Order and Final Judgment shall not constitute evidence of or an admission by Ho, BlackBerry, or any other person regarding any liability under Section 16(b) of the Securities Exchange Act of 1934, as amended (the "Act"), 15 U.S.C. 78p(b), or regarding any violation of law or other wrongdoing. Neither Ho nor BlackBerry admits, either expressly or implicitly, any liability whatsoever by reason of any of the matters alleged in the Complaint or referenced in the Stipulation. As further set forth herein. Plaintiffs counsel are hereby awarded an attorney's fee (inclusive of all costs and expenses incurred by Plaintiffs counsel in connection with the Action) in the sum of US$2,223.00, which sum the Court finds to be fair and reasonable and which shall be paid to Plaintiffs counsel by BlackBerry in accordance with the Stipulation. No other person shall commence any action for attorney's fees in connection with Ho's alleged liability under Section 16(b) of the Act or the matters alleged in the Complaint, all of which actions are hereby barred and enjoined. 9. Jurisdiction is hereby reserved over all matters relating to the enforcement, administration and performance of the Stipulation. 10. The Clerk of the Court is directed to enter and docket this Order and Final Judgment in this Action. The Clerk is directed to close this this case. SO ORDERED. (Signed by Judge John G. Koeltl on 1/28/2021) (ks)
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| Filing 9 CERTIFICATE OF SERVICE of Donnie Fletcher's e-mail to Plaintiff's counsel of 12:09 p.m. on January 27, 2021 served on David Lopez, Esq., Jerrold M. Shapiro, Esq., Richard G. Canedo, Esq., and Mari Bonthuis, Esq. on 01/27/2021. Service was made by e-mail. Document filed by Donna Ann Gabriele Chechele..(Hunter, James) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Fairness Hearing set for 1/28/2021, adjourned from 2:30pm to 04:30pm, before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #6 Proposed Order was reviewed and approved as to form. (km) |
| Filing 7 CERTIFICATE OF SERVICE of (1) December 21, 2020 letter motion for preliminary settlement approval [Dkt. 5]; (2) December 21, 2020 stipulation of settlement [Dkt. 5-1]; (3) order of December 24, 2020; and (4) this certificate of service served on David Lopez, Esq., Jerrold M. Shapiro, Esq., and Richard G. Canedo, Esq. on 12/24/2020. Service was made by mail and e-mail. Document filed by Donna Ann Gabriele Chechele. (Attachments: #1 Letter Motion for Preliminary Settlement Approval [Dkt. 5], #2 Stipulation of Settlement [Dkt. 5-1], #3 Order of December 24, 2020).(Hunter, James) |
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Filing 8
ORDER PRELIMINARILY APPROVING SETTLEMENT, APPROVING THE CONTENT AND MANNER OF NOTICE, AND SCHEDULING A FINAL HEARING ON SETTLEMENT APPROVAL: granting #5 Motion for Settlement. NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: Subject to final consideration at the Hearing (as defined below), the Courtpreliminarily approves the Parties' settlement set forth in the Stipulation as fair, reasonable, and adequate, and as a "diligent[]... prosecut[ion]" of BlackBerry's claim against Ho under Section 16(b) of the Act. A hearing will be held on the proposed settlement at 2:30 p.m. on January 28, 2021 (the "Hearing"). The hearing will be conducted by telephone. Dial-in: 888 363-4749, with access code 8140049. Plaintiff's counsel shall be responsible for serving notice as directed herein. Such notice shall be served on each Other Claimant by December 29, 2020. Promptly after serving notice as directed herein, Plaintiff's counsel shall file with the Court a copy of the noticeincluding the certificate of service described above. Any Other Claimant or other person who intends to object to the proposed settlement must submit the objection to the Court on or before January 15, 2021. Any response to any objection must be submitted to the Court on or before January 20, 2021. All non-settlement-related proceedings in the Action are hereby stayed and suspended until further order of the Court. (Signed by Judge John G. Koeltl on 12/24/2020) (ama)
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| Set/Reset Deadlines:, Set/Reset Hearings:( Fairness Hearing set for 1/28/2021 at 02:30 PM before Judge John G. Koeltl.) (ama) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference held on 12/23/2020. (Fletcher, Donnie) |
| Filing 6 PROPOSED ORDER. Document filed by Donna Ann Gabriele Chechele. Related Document Number: #5 ..(Hunter, James) Proposed Order to be reviewed by Clerk's Office staff. |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 12/23/2020 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 5 MOTION for Settlement Approval. Document filed by Donna Ann Gabriele Chechele. (Attachments: #1 Stipulation of Settlement and Proposed Order and Final Judgment).(Hunter, James) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Blackberry Limited, Sai Yuen Ho..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Austen Hunter. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:78;. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Sai Yuen Ho (a/k/a Billy Ho) and BlackBerry Limited, re: #1 Complaint. Document filed by Donna Ann Gabriele Chechele..(Hunter, James) |
| Filing 2 CIVIL COVER SHEET filed..(Hunter, James) |
| Filing 1 COMPLAINT against Blackberry Limited, Sai Yuen Ho. (Filing Fee $ 402.00, Receipt Number ANYSDC-22818610)Document filed by Donna Ann Gabriele Chechele..(Hunter, James) |
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