IN RE CARLOTZ, INC. SECURITIES LITIGATION
| Daniel G. Erdman |
| CarLotz, Inc., Michael W. Bor and Thomas W. Stoltz |
| Michael S. Widuck and Michael Turk |
| 1:2021cv05906 |
| July 8, 2021 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 16
STIPULATION AND ORDER CONSOLIDATING ACTIONS AND SETTING BRIEFING SCHEDULE FOR ANTICIPATED LEAD PLAINTIFF MOTIONS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, as follows: 1. The above-captioned actions are consolidated for all purposes, including pre- trial proceedings and any trial, pursuant to Federal Rule of Civil Procedure 42(a) as In re CarLotz, Inc. Securities Litigation, Master File No. 1:21- cv-05906-RA (the "Consolidated Action"). 2. Every pleading filed in the Consolidated Action, or in any separate action included herein, must bear the following caption: IN RE CARLOTZ, INC. SECURITIES LITIGATION. 3. All papers filed in connection with the Consolidated Action will be maintained in one file under Lead Case No. 1:21-cv-05906-RA. 4. In accordance with Local Civil Rule 6.1(b), oppositions to motions to serve as lead plaintiff shall be filed by September 21, 2021, and any replies shall be filed by September 28, 2021. 5. On October 15, 2021 at 10:00 a.m., the Court will hold a telephonic motion hearing concerning any motions for appointment of lead plaintiff and lead counsel. The parties shall use the following dial-in information to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. 6. Within fourteen (14) days after the entry of an order by the Court appointing lead plaintiff(s) and lead counsel in the Consolidated Action, lead counsel and counsel for Defendants shall submit to the Court a proposed schedule for filing an amended complaint or designating an existing complaint as the operative complaint in the Consolidated Action (the "Consolidated Complaint") and for any briefing on any motion to dismiss or response thereto. In the event lead counsel and counsel for Defendants agree upon such a schedule, they shall submit a written stipulation and proposed order for the Court's approval. In the event lead counsel and counsel for Defendants are unable to agree upon such a schedule, they shall submit a joint letter to the Court not to exceed 3 pages, setting out their respective positions. Until such schedule is approved by the Court, Defendants shall have no obligation to move, answer, or otherwise respond to any complaints filed in the Erdman, Widuck, or Turk Actions, in any action consolidated into the Consolidated Action, or in the Consolidated Action. 7. The October 15, 2021 Initial Case Management Conference, and the October 8, 2021 deadline to submit a joint letter and proposed case management plan, and scheduling order in connection with the same, is postponed until such further date set by the Court. 8. Defendants take no position as to the schedule for briefing motions for appointment as lead plaintiff and/or lead counsel or the hearing on such motions. IT IS SO STIPULATED., Telephone Conference set for 10/15/2021 at 10:00 AM before Judge Ronnie Abrams, Responses due by 9/21/2021, Replies due by 9/28/2021. (Signed by Judge Ronnie Abrams on 8/31/2021) Filed In Associated Cases: 1:21-cv-05906-RA, 1:21-cv-06191-RA, 1:21-cv-06627-RA (rj)
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Filing 15
MEMO ENDORSEMENT on re: (13 in 1:21-cv-05906-RA) Letter re: Meet and Confer filed by Daniel G. Erdman. ENDORSEMENT: The Court agrees with the approach proposed by the parties, and thanks them for their cooperation. The Clerk of Court is directed to consolidate these actions in accordance with the stipulation and order being filed alongside this endorsement. (See para. 1-3). SO ORDERED. (Signed by Judge Ronnie Abrams on 8/31/2021) (rj)
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Filing 14
PROPOSED STIPULATION AND ORDER. Document filed by Daniel G. Erdman..(Linkh, Gregory)
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Filing 13
LETTER addressed to Judge Ronnie Abrams from Gregory B. Linkh dated August 30, 2021 re: Meet and Confer. Document filed by Daniel G. Erdman..(Linkh, Gregory)
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Filing 12
ORDER: These related putative securities class actions have been assigned to me. Each action names the same three Defendants, and counsel has appeared on behalf of Defendants in the first filed action, Erdman v. CarLotz, Inc., et al. No later than August 30, 2021, the parties are directed to meet and confer and to inform the Court by joint submission whether (1) any party anticipates moving to consolidate these actions; and (2) if so, proposing a common schedule by which the motions for consolidation and the selection of lead plaintiff/counsel will be submitted, keeping in mind the statutory requirements set out in the PSLRA. See 15 U.S.C. 78u-4(a)(3). As noted in the Court's previous orders in Erdman and Widuck, a telephone conference is currently scheduled in all three actions for October 15, 2021 at 10:00 a.m., on the following conference line: Call-in Number: (888) 363-4749; Access Code: 1015508. The Court is willing to adjust the timing of this conference if a different date would be more appropriate, and the joint letter described above should indicate if that is the case. SO ORDERED., Telephone Conference set for 10/15/2021 at 10:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 8/16/2021) (rj)
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Set/Reset Deadlines: Responses due by 9/17/2021 (ate)
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Filing 11
STIPULATION AND SCHEDULING ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and Defendants, and subject to Court approval, that: 1. By entering into this stipulation, Defendants accept service of the Complaint in this action and expressly reserve all of their respective rights, claims and defenses, including, but not limited to, all defenses relating to jurisdiction, other than a defense to the sufficiency of service of the Complaint. 2. Within fourteen (14) days of the entry of an order appointing lead plaintiff and lead counsel, lead counsel and counsel for Defendants shall submit to the Court a proposed schedule for filing an amended complaint or designating the operative complaint and for briefing on any motion to dismiss or response thereto. Defendants shall have no obligation to respond to the Complaint until the date ordered by the Court after it receives the proposed schedule. IT IS SO STIPULATED. IT IS SO ORDERED. Any oppositions to motions to serve as lead plaintiff shall be due September 17, 2021, and any replies shall be due September 24, 2021. In addition, the Court notes that in the event that any party seeks to consolidate this action with any other action on behalf of a class asserting substantially the same claim, the Court shall not appoint a lead plaintiff until after a decision on the motion to consolidate is rendered. See 15 U.S.C. 78u-4(a)(3)(B)(ii). The Court will discuss any motions to serve as lead plaintiff or requests for consolidation at the October 15, 2021 telephone conference scheduled for both this action and in the related Widuck v. CarLotz action (No. 21-CV-6191). ( Motions due by 9/17/2021, Replies due by 9/24/2021.) (Signed by Judge Ronnie Abrams on 8/6/2021) (ate)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CarLotz, Inc...(Eaton, Mary)
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Filing 9
PROPOSED STIPULATION AND ORDER. Document filed by Michael W. Bor, CarLotz, Inc., Thomas W. Stoltz..(Eaton, Mary)
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Filing 8
NOTICE OF APPEARANCE by Nicholas Angelo Caselli on behalf of Michael W. Bor, CarLotz, Inc., Thomas W. Stoltz..(Caselli, Nicholas)
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Filing 7
NOTICE OF APPEARANCE by Mary Jane Eaton on behalf of Michael W. Bor, CarLotz, Inc., Thomas W. Stoltz..(Eaton, Mary)
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Filing 6
SUMMONS RETURNED EXECUTED Summons and Complaint served. CarLotz, Inc. served on 7/20/2021, answer due 8/10/2021. Service was accepted by Legal Rep. Document filed by Daniel G. Erdman..(Linkh, Gregory)
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Filing 5
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, by October 8, 2021, the parties submit a joint letter, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this order. IT IS FURTHER ORDERED that counsel for all parties appear for an initial statusconference on October 15, 2021 at 10:00 a.m. The Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. If Defendants have been properly served and the parties are available to proceed with an initial status conference prior to October 15, 2021 the parties shall notify the Court and propose alternative dates for the conference. Plaintiff is ordered to serve Defendants with a copy of this order and to file an affidavit on ECF certifying that such service has been effectuated. SO ORDERED., Initial Conference set for 10/15/2021 at 10:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 7/16/2021) (rj)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Michael W. Bor, CarLotz, Inc., Thomas W. Stoltz..(pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Bradley Linkh. The party information for the following party/parties has been modified: Daniel G. Erdman. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(pc)
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Case Designated ECF. (pc)
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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. (pc)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to CARLOTZ, INC., MICHAEL W. BOR, and THOMASW. STOLTZ, re: #1 Complaint. Document filed by Daniel G. Erdman..(Linkh, Gregory)
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Filing 2
CIVIL COVER SHEET filed..(Linkh, Gregory)
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Filing 1
COMPLAINT against Michael W. Bor, CarLotz, Inc., Thomas W. Stoltz. (Filing Fee $ 402.00, Receipt Number ANYSDC-24771313)Document filed by Daniel G. Erdman..(Linkh, Gregory)
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