Branislav Smolicek v. Plug Power Inc. et al
| Branislav Smolicek |
| Paul B. Middleton, Andrew Marsh and Plug Power Inc. |
| Manfred Schumacher, Patrick Mcgovern, Thomas Dykes, Dennis Torres, David Clausing, Joseph Living Trust, dated October 28, 2015 and Simon Gallagher |
| 1:2021cv04832 |
| June 1, 2021 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Edgardo Ramos |
| Securities/Commodities |
| Plaintiff |
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Filing 82
OPINION AND ORDER re: (15 in 1:21-cv-02004-ER, 15 in 1:21-cv-02004-ER, 15 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 21-cv-2004, 21-cv-3985 . MOTION to Appoint Thomas E. Dykes to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Thomas Dykes, (50 in 1:21-cv-02004-ER, 50 in 1:21-cv-02004-ER, 50 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 1:21-cv-02004; 1:21-cv-03985 . MOTION to Appoint J. Scott Hagen to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by J. Scott Hagen, (6 in 1:21-cv-03985-ER, 6 in 1:21-cv-03985-ER, 6 in 1:21-cv-03985-ER) MOTION to Appoint Counsel . MOTION to Appoint ASHKAN SHADEMAN to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:21-cv-02004-ER, 1:21-cv-03985-ER . filed by Ashkan Shademan, (41 in 1:21-cv-02004-ER, 41 in 1:21-cv-02004-ER, 41 in 1:21-cv-02004-ER) MOTION to Appoint Joseph Living Trust, dated October 28, 2015 to serve as lead plaintiff(s) . MOTION to Consolidate Cases 1:21cv2004 and 1:21cv3985 . MOTION to Appoint Counsel . filed by Joseph Living Trust, dated October 28, 2015, (20 in 1:21-cv-02004-ER, 20 in 1:21-cv-02004-ER, 20 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 1:21-cv-02004; 1:21-cv-03985 . MOTION to Appoint Thomas J. Williams, Maryam Jahangir Hekmat, Donghyuk Kim, and Amolkumar D. Vaidya to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Maryam Jahangir Hekmat, Amolkumar D. Vaidya, Thomas J. Williams, Donghyuk Kim, (12 in 1:21-cv-02004-ER, 12 in 1:21-cv-02004-ER, 12 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 1:21-cv--2004, 1:21-cv-3985 . MOTION to Appoint DENNIS TORRES to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Dennis Torres, (16 in 1:21-cv-03985-ER, 16 in 1:21-cv-03985-ER, 16 in 1:21-cv-03985-ER) MOTION to Consolidate Cases 1:21-cv-03985, 1:21-cv-02004 . MOTION to Appoint Manfred Schumacher to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Manfred Schumacher, (47 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 1:21-cv-02004,1:21-cv-03985 MOTION to Appoint Lead Plaintiff and Selection of Lead Counsel. filed by Michael Burruso, Dorothy Anderson, Martin Pinkney, Kurosh Bian, (12 in 1:21-cv-03985-ER) MOTION to Consolidate Cases 21-cv-02004 and Motion of Lin Ma and Thomas Chweh For Appointment As Lead Plaintiffs and Approval of Selection of Lead Counsel. filed by Lin Ma, Thomas Chweh, (18 in 1:21-cv-02004-ER, 18 in 1:21-cv-02004-ER, 18 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 1:21-cv-02004-ER, 1:21-cv-03985-ER . MOTION to Appoint Voyislav Kokeza to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Voyislav Kokeza, (9 in 1:21-cv-02004-ER, 9 in 1:21-cv-02004-ER, 9 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 1:21-cv-02004-ER, 1:21-cv-03985-ER . MOTION to Appoint Counsel . MOTION to Appoint ASHKAN SHADEMAN to serve as lead plaintiff(s) . filed by Ashkan Shademan, (22 in 1:21-cv-02004-ER, 22 in 1:21-cv-02004-ER, 22 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 1:21-cv-03985 . MOTION to Appoint David Clausing and Simon Gallagher to serve as lead plaintiff(s) . MOTION to Approve Lead Counsel . filed by Simon Gallagher, David Clausing, (36 in 1:21-cv-02004-ER, 36 in 1:21-cv-02004-ER, 36 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 1:21-cv-03985 1:21-cv-02004. MOTION to Appoint Manfred Schumacher to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Manfred Schumacher, (28 in 1:21-cv-02004-ER, 28 in 1:21-cv-02004-ER, 28 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 1:21-cv-02004-ER and 1:21-cv-03985-ER . MOTION to Appoint Patrick McGovern to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Patrick McGovern, (9 in 1:21-cv-03985-ER, 9 in 1:21-cv-03985-ER, 9 in 1:21-cv-03985-ER) MOTION to Consolidate Cases 1:21-cv-2004, 1:21-cv-3985 . MOTION to Appoint DENNIS TORRES to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Dennis Torres, (37 in 1:21-cv-02004-ER, 37 in 1:21-cv-02004-ER, 37 in 1:21-cv-02004-ER) MOTION to Consolidate Cases 1:21-cv-02004-ER, 1:21-cv-03985-ER . MOTION to Appoint Craig Reif and Dana Reif to serve as lead plaintiff(s) . MOTION to Appoint Counsel . filed by Dana Reif, Craig Reif, (21 in 1:21-cv-02004-ER) MOTION to Appoint Lin Ma and Thomas Chweh to serve as lead plaintiff(s) , Approval of Selection of Lead Counsel and Consolidation. filed by Lin Ma, Thomas Chweh. For the reasons discussed, Schumacher's motion for appointment as lead plaintiff, approval of Bernstein Liebhard as lead counsel, and consolidation of Beverly, 21 Civ. 2004 and Tank, 21 Civ. 3985 is GRANTED. The Court also sua sponte consolidates Smolicek, 21 Civ. 4832, into this action. All future filings in this case shall be filed under 21 Civ. 2004 and bear the case caption In re Plug Power, Inc. Securities Litigation. Pursuant to the March 24 stipulation and order between Beverly and Defendants, the parties shall meet and confer regarding scheduling and shall submit a stipulation for the Court's approval within fourteen days, or by August 5, 2021. The Clerk of the Court is respectfully directed to terminate the corresponding motions under 21 Civ. 2004: Docs. 9, 12, 15, 18, 20, 21, 22, 28, 36, 37, 41, 47, and 50. The Clerk of Court is further directed to terminate the following motions under Case No. 21 Civ. 3985: Docs. 6, 9, 12, and 16. (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 7/22/2021) Filed In Associated Cases: 1:21-cv-02004-ER, 1:21-cv-03985-ER, 1:21-cv-04832-ER (cf)
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-02004-ER. (cf) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Jed S. Rakoff is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-02004-ER. Notice of Assignment to follow. (wb) |
| Magistrate Judge Katharine H. Parker is so redesignated. (wb) |
| Filing 81 NOTICE OF APPEARANCE by Eric Lawson on behalf of Andrew Marsh, Paul B. Middleton, Plug Power Inc...(Lawson, Eric) |
| Filing 80 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-02004. Document filed by Andrew Marsh, Paul B. Middleton, Plug Power Inc...(Birnbach, Deborah) |
| Filing 79 NOTICE OF APPEARANCE by Deborah Sager Birnbach on behalf of Andrew Marsh, Paul B. Middleton, Plug Power Inc...(Birnbach, Deborah) |
| Filing 78 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:21-cv-02402. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Sarah Netburn 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jed S. Rakoff. 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.. (sjo) |
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Filing 77
ORDER GRANTING STIPULATION TO TRANSFER by Judge Stanley Blumenfeld, Jr.: The Court GRANTS the Stipulation #62 and ORDERS that pursuant to 28 U.S.C. Section 1404, the case shall be transferred to the United States District Court for the Southern District of New York. The parties' request that defense counsel be authorized to and hereby accepts service of the Complaint in the case on behalf of all Defendants is DENIED without prejudice to renewing the request before the transferee court, according to the law and procedures of the new forum. Case electronically transferred. (MD JS-6. Case Terminated.) (gk) [Transferred from California Central on 6/1/2021.]
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| Filing 76 REPLY In Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #24 filed by Movant Manfred Schumacher. (Wagner, Avi) [Transferred from California Central on 6/1/2021.] |
| Filing 75 NOTICE OF NON-OPPOSITION OF THE JOSEPH LIVING TRUST, DATED OCTOBER 28, 2015 TO COMPETING LEAD PLAINTIFF MOTIONS filed by Movant Joseph Living Trust, dated October 28, 2015. (Apton, Adam) [Transferred from California Central on 6/1/2021.] |
| Filing 74 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #24 filed by Movant Manfred Schumacher. (Wagner, Avi) [Transferred from California Central on 6/1/2021.] |
| Filing 73 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Appointment of Counsel NOTICE OF MOTION OF DAVID CLAUSING AND SIMON GALLAGHER FOR APPOINTMENT AS CO-LEAD PLAINTIFFS AND APPROVAL OF COUNSEL #34 filed by Movants David Clausing, Simon Gallagher. (Pafiti, Jennifer) [Transferred from California Central on 6/1/2021.] |
| Filing 72 NOTICE OF NON-OPPOSITION To Competing Lead Plaintiff Motions filed by Movant Thomas Dykes. (Walker, Jacob) [Transferred from California Central on 6/1/2021.] |
| Filing 71 Notice of Withdrawal of Motion for Appointment of Counsel, #26 filed by lead plaintiff movant J. Scott Hagen. (Albert, Michael) [Transferred from California Central on 6/1/2021.] |
| Filing 70 Notice of Withdrawal of Motion for Appointment of Counsel,,,, #22 filed by Movants Maryam Jahangir Hekmat, Donghyuk Kim, Amolkumar D. Vaidya, Thomas J. Williams. (Germain, Daniel) [Transferred from California Central on 6/1/2021.] |
| Filing 69 RESPONSE filed by Pro Hac Vice attorney Karissa J. Sauder on behalf of Movants Maryam Jahangir Hekmat, Donghyuk Kim, Amolkumar D. Vaidya, Thomas J. Williams. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) [Transferred from California Central on 6/1/2021.] |
| Filing 68 RESPONSE filed by Pro Hac Vice attorney Ryan T. Degnan on behalf of Movants Maryam Jahangir Hekmat, Donghyuk Kim, Amolkumar D. Vaidya, Thomas J. Williams. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) [Transferred from California Central on 6/1/2021.] |
| Filing 67 RESPONSE filed by Pro Hac Vice attorney Naumon A. Amjed on behalf of Movants Maryam Jahangir Hekmat, Donghyuk Kim, Amolkumar D. Vaidya, Thomas J. Williams. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) [Transferred from California Central on 6/1/2021.] |
| Filing 66 RESPONSE filed by Pro Hac Vice attorney Donnell Much on behalf of Movant Ashkan Shademan. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) [Transferred from California Central on 6/1/2021.] |
| Filing 65 RESPONSE filed by Pro Hac Vice attorney Andrew D. Abramowitz on behalf of Movant Ashkan Shademan. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) [Transferred from California Central on 6/1/2021.] |
| Filing 64 RESPONSE filed by Pro Hac Vice attorney Michael DellAngelo on behalf of Movant Ashkan Shademan. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) [Transferred from California Central on 6/1/2021.] |
| Filing 63 RESPONSE filed by Pro Hac Vice attorney Sherrie R. Savett on behalf of Movant Ashkan Shademan. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) [Transferred from California Central on 6/1/2021.] |
| Filing 62 STIPULATION to Change Venue to the United States District Court for the Southern District of New York filed by Defendants Andrew Marsh, Paul B. Middleton, Plug Power Inc.. (Attachments: #1 Proposed Order)(Stoll, Laura)[Transferred from California Central on 6/1/2021.] Modified on 6/1/2021 (sjo). |
| Filing 61 CORPORATE DISCLOSURE STATEMENT filed by Defendants Andrew Marsh, Paul B. Middleton, Plug Power Inc. (Stoll, Laura) [Transferred from California Central on 6/1/2021.] |
| Filing 60 Notice of Withdrawal of Motion for Appointment of Counsel, #12 filed by plaintiff Ashkan Shademan. (Rios, Sophia) [Transferred from California Central on 6/1/2021.] |
| Filing 59 NOTICE of Appearance filed by attorney Laura Alexandra Stoll on behalf of Defendants Andrew Marsh, Paul B. Middleton, Plug Power Inc. (Attorney Laura Alexandra Stoll added to party Andrew Marsh(pty:dft), Attorney Laura Alexandra Stoll added to party Paul B. Middleton(pty:dft), Attorney Laura Alexandra Stoll added to party Plug Power Inc.(pty:dft))(Stoll, Laura) [Transferred from California Central on 6/1/2021.] |
| Filing 58 RESPONSE filed by Pro Hac Vice attorney Jeffrey P. Campisi on behalf of Movant Dennis Torres. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) [Transferred from California Central on 6/1/2021.] |
| Filing 57 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #24 , NOTICE OF MOTION AND MOTION for Appointment of Counsel NOTICE OF MOTION OF DAVID CLAUSING AND SIMON GALLAGHER FOR APPOINTMENT AS CO-LEAD PLAINTIFFS AND APPROVAL OF COUNSEL #34 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #12 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #13 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff #26 , NOTICE OF MOTION AND MOTION for Appointment of Counsel Appoinment of the Plug Shareholder Group as Lead Plaintiff pursuant to the Private Securities Litigation Refort Act of 1995 (15 USC section 78u-4(a)(3)(B)); Approval of the Plug Shareholder Gro #22 , NOTICE OF MOTION AND MOTION for Appointment of Counsel AND APPOINTMENT OF THE PLUG INVESTOR GROUP AS LEAD PLAINTIFF #38 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #29 filed by Movant Dennis Torres. (Farar, Justin) [Transferred from California Central on 6/1/2021.] |
| Filing 56 APPLICATION of Non-Resident Attorney Laurence J. Hasson to Appear Pro Hac Vice on behalf of Movant Manfred Schumacher (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31288138) filed by Lead Plaintiff Movant Manfred Schumacher. (Attachments: #1 Proposed Order Proposed Order on Pro Hac Vice Application, #2 Supplement Certificate of Good Standing, L Hasson) (Wagner, Avi) [Transferred from California Central on 6/1/2021.] |
| Filing 55 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Peretz Bronstein. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 54 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Laurence J. Hasson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 53 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Karissa J. Sauder. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 52 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ryan T. Degnan. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 51 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Naumon A. Amjed. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 50 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeffrey P. Campisi. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 49 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Donnell Much. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 48 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Andrew D. Abramowitz. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 47 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael DellAngelo. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 46 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sherrie R. Savett. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #29 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff #26 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from California Central on 6/1/2021.] |
| Filing 43 Notice of Withdrawal of Declaration (Motion related), #40 , Memorandum in Support of Motion, #39 , Motion for Appointment of Counsel,, #38 filed by Movants Dorothy Anderson, Kurosh Bian, Michael Burruso, John Fiske, Martin Pinkney. (Fortunato, Melissa) [Transferred from California Central on 6/1/2021.] |
| Filing 42 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr re: NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff #26 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #24 . The Court continues the hearing on said motions from 6/4/2021 to 6/11/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr. because the date set had already been closed by this court. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY [Transferred from California Central on 6/1/2021.] |
| Filing 41 CERTIFICATE of Interested Parties filed by Movants Dorothy Anderson, Kurosh Bian, Michael Burruso, John Fiske, Martin Pinkney, (Fortunato, Melissa) [Transferred from California Central on 6/1/2021.] |
| Filing 40 DECLARATION of Melissa A. Fortunato in support of NOTICE OF MOTION AND MOTION for Appointment of Counsel AND APPOINTMENT OF THE PLUG INVESTOR GROUP AS LEAD PLAINTIFF #38 filed by Movants Dorothy Anderson, Kurosh Bian, Michael Burruso, John Fiske, Martin Pinkney. (Attachments: #1 Exhibit 1 Certifications, #2 Exhibit 2 Loss Chart, #3 Exhibit 3 Joint Declaration, #4 Exhibit 4 PSLRA Notice, #5 Exhibit 5 BES Firm Resume)(Fortunato, Melissa) [Transferred from California Central on 6/1/2021.] |
| Filing 39 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel AND APPOINTMENT OF THE PLUG INVESTOR GROUP AS LEAD PLAINTIFF #38 filed by Movants Dorothy Anderson, Kurosh Bian, Michael Burruso, John Fiske, Martin Pinkney. (Fortunato, Melissa) [Transferred from California Central on 6/1/2021.] |
| Filing 38 NOTICE OF MOTION AND MOTION for Appointment of Counsel AND APPOINTMENT OF THE PLUG INVESTOR GROUP AS LEAD PLAINTIFF filed by Movants Kurosh Bian, Dorothy Anderson, Martin Pinkney, Michael Burruso, John Fiske. Motion set for hearing on 6/11/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Attorney Melissa A Fortunato added to party Kurosh Bian(pty:bkmov), Attorney Melissa A Fortunato added to party Dorothy Anderson(pty:bkmov), Attorney Melissa A Fortunato added to party Martin Pinkney(pty:bkmov), Attorney Melissa A Fortunato added to party Michael Burruso(pty:bkmov), Attorney Melissa A Fortunato added to party John Fiske(pty:bkmov)) (Fortunato, Melissa) [Transferred from California Central on 6/1/2021.] |
| Filing 37 CERTIFICATE of Interested Parties filed by Lead Plaintiff Movants David Clausing, Simon Gallagher, (Pafiti, Jennifer) [Transferred from California Central on 6/1/2021.] |
| Filing 36 DECLARATION of Jennifer Pafiti in support of NOTICE OF MOTION AND MOTION for Appointment of Counsel NOTICE OF MOTION OF DAVID CLAUSING AND SIMON GALLAGHER FOR APPOINTMENT AS CO-LEAD PLAINTIFFS AND APPROVAL OF COUNSEL #34 filed by Movants David Clausing, Simon Gallagher. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certification, #4 Exhibit D - Joint Declaration, #5 Exhibit E - Firm Resume)(Pafiti, Jennifer) [Transferred from California Central on 6/1/2021.] |
| Filing 35 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel NOTICE OF MOTION OF DAVID CLAUSING AND SIMON GALLAGHER FOR APPOINTMENT AS CO-LEAD PLAINTIFFS AND APPROVAL OF COUNSEL #34 filed by Movants David Clausing, Simon Gallagher. (Pafiti, Jennifer) [Transferred from California Central on 6/1/2021.] |
| Filing 34 NOTICE OF MOTION AND MOTION for Appointment of Counsel NOTICE OF MOTION OF DAVID CLAUSING AND SIMON GALLAGHER FOR APPOINTMENT AS CO-LEAD PLAINTIFFS AND APPROVAL OF COUNSEL filed by Lead Plaintiff Movants David Clausing, Simon Gallagher. Motion set for hearing on 6/11/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Attorney Jennifer Pafiti added to party David Clausing(pty:mov), Attorney Jennifer Pafiti added to party Simon Gallagher(pty:mov)) (Pafiti, Jennifer) [Transferred from California Central on 6/1/2021.] |
| Filing 33 CERTIFICATE of Interested Parties filed by Lead Plaintiff Movant Joseph Living Trust, dated October 28, 2015, identifying Joseph Living Trust, dated October 28, 2015. (Apton, Adam) [Transferred from California Central on 6/1/2021.] |
| Filing 32 CERTIFICATE of Interested Parties filed by Plaintiff Movants Maryam Jahangir Hekmat, Donghyuk Kim, Amolkumar D. Vaidya, Thomas J. Williams, (Germain, Daniel) [Transferred from California Central on 6/1/2021.] |
| Filing 31 CERTIFICATE of Interested Parties filed by Movant Dennis Torres, (Farar, Justin) [Transferred from California Central on 6/1/2021.] |
| Filing 30 NOTICE of Interested Parties filed by Movant Manfred Schumacher, (Wagner, Avi) [Transferred from California Central on 6/1/2021.] |
| Filing 29 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff filed by Lead Plaintiff Joseph Living Trust, dated October 28, 2015. Motion set for hearing on 6/11/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Law In Support of Motion, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D) (Attorney Adam Marc Apton added to party Joseph Living Trust, dated October 28, 2015(pty:bkmov)) (Apton, Adam) [Transferred from California Central on 6/1/2021.] |
| Filing 28 DECLARATION of Avi Wagner In Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #24 filed by Movant Manfred Schumacher. (Attachments: #1 Exhibit A - Notice, #2 Exhibit B- Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - Bernstein Firm Resume, #5 Exhibit E - Wagner Firm Resume)(Wagner, Avi) [Transferred from California Central on 6/1/2021.] |
| Filing 27 CERTIFICATE of Interested Parties filed by lead plaintiff movant J. Scott Hagen, (Albert, Michael) [Transferred from California Central on 6/1/2021.] |
| Filing 26 NOTICE OF MOTION AND MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff filed by lead plaintiff movant J. Scott Hagen. Motion set for hearing on 6/4/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Exhibit 1 - Lead Plaintiff Motion and Accompanying Documents filed in Beverly v. Plug Power Inc. (S.D.N.Y.)) (Albert, Michael) [Transferred from California Central on 6/1/2021.] |
| Filing 25 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #24 filed by Movant Manfred Schumacher. (Wagner, Avi) [Transferred from California Central on 6/1/2021.] |
| Filing 24 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff filed by Movant Manfred Schumacher. Motion set for hearing on 6/4/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Attorney Avi N. Wagner added to party Manfred Schumacher(pty:mov)) (Wagner, Avi) [Transferred from California Central on 6/1/2021.] |
| Filing 23 NOTICE OF LODGING filed [Proposed] Order re NOTICE OF MOTION AND MOTION for Appointment of Counsel and to Appoint Dennis Torres Lead Plaintiff #17 (Attachments: #1 Proposed Order)(Farar, Justin) [Transferred from California Central on 6/1/2021.] |
| Filing 22 NOTICE OF MOTION AND MOTION for Appointment of Counsel Appoinment of the Plug Shareholder Group as Lead Plaintiff pursuant to the Private Securities Litigation Refort Act of 1995 (15 USC section 78u-4(a)(3)(B)); Approval of the Plug Shareholder Group's selection of Kessler Topaz Meltzer & Check LLP to serve as Lead Counsel for the Class and Rosamn & Germain LLP to serve as Liaison Counse lfor the Class filed by Movants Thomas J. Williams, Maryam Jahangir Hekmat, Donghyuk Kim, Amolkumar D. Vaidya. Motion set for hearing on 6/11/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Daniel L. Germain, #3 Exhibit A-Certificate, #4 Exhibit B-Loss Charts, #5 Exhibit C-Joint Declaration, #6 Exhibit D-Notice of Pendency of Action, #7 Exhibit E-Resume of KTMC, #8 Exhibit F-Resume of R&G, #9 Proposed Order) (Attorney Daniel L. Germain added to party Thomas J. Williams(pty:mov), Attorney Daniel L. Germain added to party Maryam Jahangir Hekmat(pty:mov), Attorney Daniel L. Germain added to party Donghyuk Kim(pty:mov), Attorney Daniel L. Germain added to party Amolkumar D. Vaidya(pty:mov)) (Germain, Daniel) [Transferred from California Central on 6/1/2021.] |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Michael Albert counsel for Movant J. Scott Hagen. Adding Michael Albert as counsel of record for J. Scott Hagen for the reason indicated in the G-123 Notice. Filed by lead plaintiff movant J. Scott Hagen. (Attorney Michael Albert added to party J. Scott Hagen(pty:mov))(Albert, Michael) [Transferred from California Central on 6/1/2021.] |
| Filing 20 DECLARATION of Justin B. Farar in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and to Appoint Dennis Torres Lead Plaintiff #17 filed by Movant Dennis Torres. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Farar, Justin) [Transferred from California Central on 6/1/2021.] |
| Filing 19 NOTICE of Filing of Lead Plaintiff Motion in First-Filed Securities Class Action Pursuant to PSLRA Notice filed by Movant Patrick McGovern. (Attachments: #1 Exhibit A)(Bricker, David) [Transferred from California Central on 6/1/2021.] |
| Filing 18 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and to Appoint Dennis Torres Lead Plaintiff #17 filed by Movant Dennis Torres. (Farar, Justin) [Transferred from California Central on 6/1/2021.] |
| Filing 17 NOTICE OF MOTION AND MOTION for Appointment of Counsel and to Appoint Dennis Torres Lead Plaintiff filed by Plaintiff Dennis Torres. Motion set for hearing on 6/11/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attorney Justin B Farar added to party Dennis Torres(pty:mov)) (Farar, Justin) [Transferred from California Central on 6/1/2021.] |
| Filing 16 CERTIFICATE of Interested Parties filed by Movant Thomas Dykes, (Walker, Jacob) [Transferred from California Central on 6/1/2021.] |
| Filing 15 DECLARATION of Jacob A. Walker in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #13 filed by Movant Thomas Dykes. (Attachments: #1 Exhibit PSLRA Notice, #2 Exhibit PSLRA Notice, #3 Exhibit PSLRA Certification, #4 Exhibit Loss Chart, #5 Exhibit Declaration of Thomas E. Dykes, #6 Exhibit Block & Leviton Firm CV)(Walker, Jacob) [Transferred from California Central on 6/1/2021.] |
| Filing 14 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff #13 filed by Movant Thomas Dykes. (Walker, Jacob) [Transferred from California Central on 6/1/2021.] |
| Filing 13 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff filed by Movant Thomas Dykes. Motion set for hearing on 6/11/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Attorney Jacob A Walker added to party Thomas Dykes(pty:mov)) (Walker, Jacob) [Transferred from California Central on 6/1/2021.] |
| Filing 12 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff filed by Movant Ashkan Shademan. Motion set for hearing on 6/11/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of Sophia M. Rios, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order) (Rios, Sophia) [Transferred from California Central on 6/1/2021.] |
| Filing 11 NOTICE of Interested Parties filed by Movant Ashkan Shademan, (Rios, Sophia) [Transferred from California Central on 6/1/2021.] |
| Filing 10 NOTICE of Appearance filed by attorney Sophia Marie Rios on behalf of Movant Ashkan Shademan (Attorney Sophia Marie Rios added to party Ashkan Shademan(pty:mov))(Rios, Sophia) [Transferred from California Central on 6/1/2021.] |
|
Filing 9
INITIAL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (vcr) [Transferred from California Central on 6/1/2021.]
|
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Peretz Bronstein. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) [Transferred from California Central on 6/1/2021.] |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Andrew Marsh, Paul B. Middleton and Plug Power Inc. (jtil) [Transferred from California Central on 6/1/2021.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 6/1/2021.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Maria A. Audero. (jtil) [Transferred from California Central on 6/1/2021.] |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Branislav Smolicek, (Pafiti, Jennifer) [Transferred from California Central on 6/1/2021.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Branislav Smolicek. (Pafiti, Jennifer) [Transferred from California Central on 6/1/2021.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Branislav Smolicek. (Pafiti, Jennifer) [Transferred from California Central on 6/1/2021.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-30942536 - Fee: $402, filed by Plaintiff Branislav Smolicek. (Attorney Jennifer Pafiti added to party Branislav Smolicek(pty:pla))(Pafiti, Jennifer) [Transferred from California Central on 6/1/2021.] |
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