Hoorn v. Draftkings Inc. f/k/a Diamond Eagle Acquisition Corp. et al
| Michiel Ten Hoorn |
| Draftkings Inc. f/k/a Diamond Eagle Acquisition Corp., Jason D. Robins, Jason K. Park, Jeff Sagansky, Eli Baker, Draftkings Inc. and Diamond Eagle Acquisition Corp. |
| 1:2021cv06497 |
| July 30, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2021. A more recent docket listing may be available from PACER.
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Filing 12
ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Alan I. Ellman dated 12/3/2021 re: request to amend case caption. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/3/2021) (ate)
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Filing 11
ORDER: The Court has received the parties' joint letter proposing dates for the filing of a consolidated amended complaint and defendants' response thereto. Dkt. 48. The Court adopts the proposed schedule as modified below. Deadline for lead plaintiff to file consolidated amended complaint: January 11, 2022. Deadline for defendants to respond to consolidated amended complaint by Answer or motion to dismiss: February 22, 2022. If defendants respond to the amended complaint by motion to dismiss, deadline for lead plaintiff to file opposition papers: April 5, 2022. Deadline for defendants to file reply: April 26, 2022. If lead plaintiff chooses to amend the complaint rather than oppose defendants' motion to dismiss, lead plaintiff's second amended complaint will be due April 5, 2022. No further opportunities to amend will ordinarily be granted. If plaintiff does amend by April 26, 2022, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying lead plaintiff, stating that they rely on the previously filed motion to dismiss. If defendants file a new motion to dismiss or rely on their previous motion, plaintiff's opposition will be due 14 days thereafter, and defendants' reply, if any, will be due seven days after that. ( Amended Pleadings due by 4/5/2022., Motions due by 2/22/2022., Responses due by 4/5/2022, Replies due by 4/26/2022.) (Signed by Judge Paul A. Engelmayer on 11/22/2021) (ate)
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Filing 10
OPINION & ORDER: re: (9 in 1:21-cv-05739-PAE, 9 in 1:21-cv-05739-PAE, 9 in 1:21-cv-05739-PAE) MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:21-cv-05739 and 1:21-cv-06497. MOTION to Appoint Robert Mendoza to serve as lead plaintiff(s) filed by Robert Mendoza, (12 in 1:21-cv-05739-PAE, 12 in 1:21-cv-05739-PAE, 12 in 1:21-cv-05739-PAE) MOTION to Appoint Mario E. Ernst to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases No. 1:21-cv-05739-PAE and No. 1:21-cv-06497-PAE filed by Mario E. Ernst, (18 in 1:21-cv-05739-PAE, 18 in 1:21-cv-05739-PAE, 18 in 1:21-cv-05739-PAE). MOTION to Consolidate Cases 1:21-cv-06497. MOTION to Appoint Robert Downs to serve as lead plaintiff(s). MOTION to Approve Lead Plaintiff Counsel filed by Robert Downs, (15 in 1:21-cv-05739-PAE, 15 in 1:21-cv-05739-PAE, 15 in 1:21-cv-05739-PAE) MOTION to Consolidate Cases 1:21-cv-05739-PAE, 1:21-cv-06497-PAE MOTION to Appoint Stephen Goering to serve as lead plaintiff(s). MOTION to Appoint Counsel filed by Stephen Goering, (17 in 1:21-cv-05739-PAE, 17 in 1:21-cv-05739-PAE, 17 in 1:21-cv-05739-PAE) MOTION to Consolidate Cases 1:21-cv-005739 and 1:21-cv-06497. MOTION to Appoint Tim Kaintz to serve as lead plaintiff(s). MOTION to Appoint Counsel filed by Tim Kaintz, (24 in 1:21-cv-05739-PAE, 24 in 1:21-cv-05739-PAE, 24 in 1:21-cv-05739-PAE). MOTION to Consolidate Cases 1:21-cv-05739-PAE; 1:21-cv-06497-PAE. MOTION to Appoint Walter Marino to serve as lead plaintiff(s). MOTION to Appoint Counsel filed by Walter Marino. For the reasons set out above, the Court grants Marino's motion for appointment as lead plaintiff, and appoints Robins Geller as lead counsel. The Clerk of the Court is respectfully directed to terminate the motions pending at docket entries 9, 12, 15, 17, 18, and 24. The Court directs the parties to meet and confer and, by November 19, 2021, to file a joint letter setting out an efficient proposed schedule for next steps in this case, including proposed dates for the filing of (1) a consolidated amended complaint and (2) defendants' response. If defendants anticipate that their response will take the form of a motion to dismiss, the parties shall include proposed dates for the opposition and reply briefs as well. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/12/2021) (ama)
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| Filing 9 NOTICE OF APPEARANCE by Timothy Jason Weinstein on behalf of Eli Baker, Draftkings Inc., Jason K. Park, Jason D. Robins, Jeff Sagansky..(Weinstein, Timothy) |
| Filing 8 NOTICE OF APPEARANCE by Brian T. Frawley on behalf of Eli Baker, Draftkings Inc., Jason K. Park, Jason D. Robins, Jeff Sagansky..(Frawley, Brian) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Eli Baker, Jason K. Park, Jason D. Robins, Jeff Sagansky. (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Draftkings Inc. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Barbara C. Moses 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. (vba) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Eli Levi. The party information for the following party/parties has been modified: Draftkings Inc. f/k/a Diamond Eagle Acquisition Corp., Michiel Ten Hoorn. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party type was entered incorrectly. (vf) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-05739-PAE. Notice of Assignment to follow. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 1:21-cv-5739. (vf) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-5739. Document filed by Michiel Ten Hoorn..(Levi, Joseph) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to JASON D. ROBINS, JASON K. PARK, JEFF SAGANSKY, and ELI BAKER, re: #1 Complaint,. Document filed by Michiel Ten Hoorn..(Levi, Joseph) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to DRAFTKINGS INC. f/k/a DIAMOND EAGLE AQUISITION CORP., re: #1 Complaint,. Document filed by Michiel Ten Hoorn..(Levi, Joseph) |
| Filing 2 CIVIL COVER SHEET filed..(Levi, Joseph) |
| Filing 1 COMPLAINT against Eli Baker, Draftkings Inc. f/k/a Diamond Eagle Acquisition Corp., Jason K. Park, Jason D. Robins, Jeff Sagansky. (Filing Fee $ 402.00, Receipt Number ANYSDC-24870706)Document filed by Michiel Ten Hoorn. (Attachments: #1 Exhibit).(Levi, Joseph) |
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