Habib v. Mitchell et al
| Mark Habib |
| David R. Mitchell, Luis Ignacio Solorzano Aizpuru, Kimberly H. Sheehy, Linda B. Abraham, Michael W. Bor, Steven G. Carrel, Sarah M. Kauss, James E. Skinner and Thomas W. Stoltz |
| CarLotz, Inc. |
| 1:2021cv08786 |
| October 27, 2021 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Securities/Commodities |
| Plaintiff |
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Filing 11
JOINT STIPULATION AND ORDER CONSOLIDATING RELATED SHAREHOLDER DERIVATIVE ACTIONS, ESTABLISHING A LEADERSHIP STRUCTURE, AND EXTENDING CERTAIN DEADLINES: NOW, THEREFORE, the parties, by and through their undersigned counsel and subject to the Court's approval, stipulate and agree as follows: The following actions are hereby consolidated for all purposes, including pre-trial proceedings and any trial, under Case No. 1:21-cv-08623, pursuant to Federal Rule of Civil Procedure 42(a): as further set forth in this Order. Every pleading filed in the Consolidated Derivative Action, or in any separate action included herein, must bear the following caption: as further set forth in this Order. 3. All papers filed in connection with the Consolidated Derivative Action will be maintained in one file under Lead Case No. 1:21-cv-08623. The undersigned counsel for Defendants hereby accepts personal service of the complaints filed in the Related Derivative Actions on behalf of all Defendants who have yet to be served in the Related Derivative Actions, effective as of the date that this Stipulation is fully executed and so-ordered by the Court, but each Defendant expressly reserves and does not waive any and all rights, defenses, and other objections (other than insufficient process or insufficient service of process). Co-Lead Counsel for plaintiffs, the firms resumes of which are attached hereto asExhibits A and B, for the conduct of the Consolidated Derivative Action shall be: as further set forth in this Order. When a derivative case that properly belongs as part of In re CarLotz, Inc. Derivative Litigation, Lead Case No. 1:21- cv-08623, is hereafter filed in this Court, removed to this Court, reassigned to this Court, or transferred here from another court, this Court requests the assistance of counsel in calling to the attention of the Clerk of the Court the filing, removal, reassignment, or transfer of any derivative case that might properly be consolidated as part of In re CarLotz, Inc. Derivative Litigation, Lead Case No. 1:21-cv-08623, and counsel are to assist in assuring that counsel in subsequent actions receive notice of this order. The parties shall submit a proposed schedule to the Court within seventy-five (75) days of the date of entry of this Order. (Signed by Judge Ronnie Abrams on 11/15/2021) Filed In Associated Cases: 1:21-cv-08623-RA, 1:21-cv-08786-RA (tg)
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-08623-RA.. (tg) |
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by CarLotz, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Eaton, Mary) |
| Filing 9 NOTICE OF APPEARANCE by Nicholas Angelo Caselli on behalf of CarLotz, Inc...(Caselli, Nicholas) |
| Filing 8 LETTER addressed to Judge Ronnie Abrams from Mary Eaton dated 11/10/2021 re: Notice of Relatedness. Document filed by CarLotz, Inc...(Eaton, Mary) |
| Filing 7 NOTICE OF APPEARANCE by Mary Jane Eaton on behalf of CarLotz, Inc...(Eaton, Mary) |
| 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. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Unassigned is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-05906-RA. Notice of Assignment to follow. (aea) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 1:21-cv-08786-UA and declined by Judge Ronnie Abrams and returned to wheel for assignment. (aea) |
| Filing 6 SUMMONS RETURNED EXECUTED. CarLotz, Inc. served on 11/1/2021, answer due 11/22/2021. Service was accepted by Lyanne Gares, Managing Agent of Defendant's Registered Agent. Document filed by Mark Habib..(Kim, Phillip) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Linda B. Abraham, Michael W. Bor, CarLotz, Inc., Steven G. Carrel, Sarah M. Kauss, David R. Mitchell, Kimberly H. Sheehy, James E. Skinner, Luis Ignacio Solorzano Aizpuru, Thomas W. Stoltz..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Ronnie Abrams as possibly related to 21-cv-5906. (jgo) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-05906-RA. Document filed by Mark Habib..(Kim, Phillip) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to David R. Mitchell, Luis Ignacio Solorzano Aizpuru, Kimberly H. Sheehy, Linda B. Abraham, Michael W. Bor, Steven G. Carrel, Sarah M. Kauss, James E. Skinner, Thomas W. Stoltz and CarLotz, Inc.,, re: #1 Complaint,. Document filed by Mark Habib..(Kim, Phillip) |
| Filing 2 CIVIL COVER SHEET filed..(Kim, Phillip) |
| Filing 1 COMPLAINT against Linda B. Abraham, Michael W. Bor, CarLotz, Inc., Steven G. Carrel, Sarah M. Kauss, David R. Mitchell, Kimberly H. Sheehy, James E. Skinner, Luis Ignacio Solorzano Aizpuru, Thomas W. Stoltz. (Filing Fee $ 402.00, Receipt Number ANYSDC-25253729)Document filed by Mark Habib..(Kim, Phillip) |
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