Calvo v. Raina et al
| Javier Calvo |
| George W. Hebard, Robin Raina, Steven M. Hamil, Rolf Herter, Pavan Bhalla, Neil D. Eckert, Hans U. Benz, Hans U. Keller and Hans Ueli Keller |
| Ebix, Inc. |
| 1:2021cv04380 |
| May 14, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Stockholders Suits |
| 28 U.S.C. § 1331 sv |
| Plaintiff |
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Filing 18
STIPULATION AND ORDER STAYING ACTION, IT IS HEREBY STIPULATED AND AGREED, by the parties, by and through their undersigned counsel, and subject to approval of the Court that: 1.Each Defendant has been properly served with a summons and copy of the complaint in the Derivative Action but has not waived any objection to personal jurisdiction or venue. 2.The Derivative Action is stayed pending the Court's resolution of any forthcoming motion(s) to dismiss the Saraf Action. 3.Ebix and the Individual Defendants time to answer, move or otherwise respond to the complaint in the Derivative Action is extended until 45 days after the Court has decided any forthcoming motion(s) to dismiss the Saraf Action. 4.Notwithstanding the voluntary stay of the Derivative Action, Plaintiff may amend his complaint once during the pendency of the stay without leave of Court. Defendants shall not be required to move, answer, plead, or otherwise respond to the complaint or any amended complaint during the pendency of the stay. Defendants shall promptly notify Plaintiff in the event any other factually related stockholder derivative proceedings are filed. In the event that such a factually related stockholder derivative proceeding is filed and not stayed by agreement of the parties or order of court within 60 days of filing, Plaintiff may move to terminate the stay of the Derivative Action by giving notice to the undersigned counsel for Defendants via email. Defendants' time to answer, move or otherwise respond to the complaint in the Derivative Action will be extended until 30 days after termination of the stay. SO ORDERED. Case stayed. (Signed by Judge Jesse M. Furman on 7/7/21) (yv)
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| Filing 17 LETTER addressed to Judge Jesse M. Furman from Julie E. Cohen dated July 7, 2021 re: Stay of Action. Document filed by Hans U. Benz, Pavan Bhalla, Ebix, Inc., Neil D. Eckert, Steven M. Hamil, George W. Hebard, Rolf Herter, Hans Ueli Keller, Robin Raina. (Attachments: #1 Stipulation and [Proposed] Order Staying Action).(Cohen, Julie) |
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Filing 16
ORDER granting #13 Motion for Paul J. Lockwood to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 15
ORDER granting #12 Motion for Cliff C. Gardner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 14 JOINT LETTER addressed to Judge Jesse M. Furman from All parties dated June 11, 2021 re: Consolidation. Document filed by Hans U. Benz, Pavan Bhalla, Ebix, Inc., Neil D. Eckert, Steven M. Hamil, George W. Hebard, Rolf Herter, Hans Ueli Keller, Robin Raina..(Cohen, Julie) |
| Filing 13 MOTION for Paul J. Lockwood to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24664212. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hans U. Benz, Pavan Bhalla, Ebix, Inc., Neil D. Eckert, Steven M. Hamil, George W. Hebard, Rolf Herter, Hans Ueli Keller, Robin Raina. (Attachments: #1 Declaration of Paul J. Lockwood, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Text of Proposed Order).(Lockwood, Paul) |
| Filing 12 MOTION for Cliff C. Gardner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24664041. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hans U. Benz, Pavan Bhalla, Ebix, Inc., Neil D. Eckert, Steven M. Hamil, George W. Hebard, Rolf Herter, Hans Ueli Keller, Robin Raina. (Attachments: #1 Declaration of Cliff C. Gardner, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Text of Proposed Order).(Gardner, Cliff) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Cliff C. Gardner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24664041. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Paul J. Lockwood to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24664212. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 11
STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT, IT IS HEREBY STIPULATED AND AGREED, by the parties, by and through their undersigned counsel, and subject to approval of the Court that: 1. Defendants' time to answer, move or otherwise respond to the complaint is hereby extended until July 15, 2021. 2. The parties reserve all rights and defenses. The Clerk of Court is directed to terminate ECF No. 10. SO ORDERED. (Hans U. Benz answer due 7/15/2021; Ebix, Inc. answer due 7/15/2021; Steven M. Hamil answer due 7/15/2021; George W. Hebard answer due 7/15/2021; Robin Raina answer due 7/15/2021., Motions terminated: #10 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Julie E. Cohen dated June 8, 2021. filed by Ebix, Inc., George W. Hebard, Hans Ueli Keller, Robin Raina, Hans U. Benz, Steven M. Hamil, Neil D. Eckert, Rolf Herter, Pavan Bhalla.) (Signed by Judge Jesse M. Furman on 6/9/21) (yv)
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| Filing 10 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Julie E. Cohen dated June 8, 2021. Document filed by Hans U. Benz, Pavan Bhalla, Ebix, Inc., Neil D. Eckert, Steven M. Hamil, George W. Hebard, Rolf Herter, Hans Ueli Keller, Robin Raina. (Attachments: #1 Exhibit A - Stipulation And [Proposed] Order).(Cohen, Julie) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Blackrock, Inc. for Ebix, Inc.. Document filed by Ebix, Inc...(Cohen, Julie) |
| Filing 8 NOTICE OF APPEARANCE by Julie Elizabeth Cohen on behalf of Hans U. Benz, Pavan Bhalla, Ebix, Inc., Neil D. Eckert, Steven M. Hamil, George W. Hebard, Rolf Herter, Hans Ueli Keller, Robin Raina..(Cohen, Julie) |
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Filing 7
ORDER: On May 20, 2021, the Court accepted Calvo v. Raina, No. 21-CV-4380, as related to Saraf v. Ebix, Inc., No. 21-CV-1589. In the interests of judicial economy, counsel for the parties in both cases are directed to confer with one another and, no later than June 11, 2021, to submit a joint letter addressing the parties' positions on how the Court should proceed with the new case, including whether the cases should be consolidated, see Fed. R. Civ. P. 42; whether there is a need for a conference to discuss coordination of the two cases (or anything else); and anything else the parties think appropriately bears on the Court's management of the cases going forward. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/21/2021) (kv)
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| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. Hans U. Benz served on 5/19/2021, answer due 6/9/2021; Pavan Bhalla served on 5/19/2021, answer due 6/9/2021; Ebix, Inc. served on 5/19/2021, answer due 6/9/2021; Neil D. Eckert served on 5/19/2021, answer due 6/9/2021; Steven M. Hamil served on 5/19/2021, answer due 6/9/2021; George W. Hebard served on 5/19/2021, answer due 6/9/2021; Rolf Herter served on 5/19/2021, answer due 6/9/2021; Hans Ueli Keller served on 5/19/2021, answer due 6/9/2021; Robin Raina served on 5/19/2021, answer due 6/9/2021. Service was accepted by Nancy Dougherty, an agent in the Office of Secretary of State of the State of New York. Document filed by Javier Calvo..(Sachs-Michaels, Benjamin) |
| Magistrate Judge Ona T. Wang 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. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-01589-JMF. Notice of Assignment to follow. (aea) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-1589 (JMF). Document filed by Javier Calvo..(Sachs-Michaels, Benjamin) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Hans U. Benz, Pavan Bhalla, Ebix, Inc., Neil D. Eckert, Steven M. Hamil, George W. Hebard, Rolf Herter, Hans Ueli Keller, Robin Raina..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Isaac Sachs-Michaels. The party information for the following party/parties has been modified: Javier Calvo; Hans U. Keller. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Benjamin Isaac Sachs-Michaels, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Jesse M. Furman as possibly related to 21-cv-1589. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to ROBIN RAINA, STEVEN M. HAMIL, HANS U. BENZ, ROLF HERTER, NEIL D. ECKERT, PAVAN BHALLA, HANS UELI KELLER, GEORGE W. HEBARD and EBIX, INC., re: #1 Complaint,. Document filed by Javier Calvo..(Sachs-Michaels, Benjamin) |
| Filing 2 CIVIL COVER SHEET filed..(Sachs-Michaels, Benjamin) |
| Filing 1 COMPLAINT against Hans U. Benz, Pavan Bhalla, Neil D. Eckert, Steven M. Hamil, George W. Hebard, Rolf Herter, Hans U. Keller, Robin Raina. (Filing Fee $ 402.00, Receipt Number ANYSDC-24544102)Document filed by Javier Calvo..(Sachs-Michaels, Benjamin) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Ebix, Inc. added. Party added pursuant to #1 Complaint,.Document filed by Ebix, Inc.. Related document: #1 Complaint,..(Sachs-Michaels, Benjamin) |
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