Nayman v. Berg et al
| Matis Nayman |
| Charles Berg, Douglas L. Braunstein, Jeffrey M Crowe, Oren Frank, Roni Frank, Madhu Pawar, Erez Shachar, Curtis Warfield, Jacqueline Yeaney and Talkspace, Inc. |
| 1:2022cv06258 |
| July 22, 2022 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Stockholders Suits |
| Plaintiff |
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Filing 6
STIPULATION AND ORDER CONSOLIDATING THE DERIVATIVE ACTIONS AND APPOINTING CO-LEAD COUNSEL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by the parties hereto, through their undersigned counsel, subject to the approval of the Court, as follows: 1. Talkspace and the Individual Defendants, through their respective counsel, hereby accept service of the summonses and complaints in the Actions without waiver of any rights or defenses, except as to sufficiency of service. 2. Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, the Actions are hereby consolidated for all purposes, including pretrial proceedings, trial, and appeal, and are referred to herein as the "Consolidated Action." 3. The file in Odsvall v. Frank, et al., Case No. l:22-cv-05016-PGG, shall constitute the Master File for every action in the Consolidated Action. When a document being filed pertains to all actions, the phrase "This Documents Relates to All Actions" shall be placed on the cover page. When a document applies only to some, but not all, of the actions, the document shall list on the cover page the phrase "This Document Relates To:", the docket number for each individual action to which the document applies, and the last name of the first-listed plaintiff in said action. 4. Every document filed in the Consolidated Action, or in any separate action included herein, shall bear the following caption: as further set forth in this Order. Glancy Prongay & Murray LLP ("GPM") and Weiss Law are designated Co-Lead Counsel for Plaintiffs in the Consolidated Action. Plaintiffs contend that their counsel, GPM and Weiss Law, are well-qualified to coordinate prosecution of the claims they assert derivatively on behalf of the Company. See Firm Resumes attached hereto as Exhibits A & B. Defendants take no position on the qualifications or appointment of lead counsel for Plaintiffs. As further set forth in this order. Any pleadings or documents filed or served in one of the underlying actions shall become part of the Consolidated Action. 9. All proceedings and deadlines m this Consolidated Action are hereby stayed pending a final decision (the "Decision") on Defendants' motion to dismiss the consolidated class action complaint in In re Talkspace, Inc. Securities Litigation, Case No. 1 :22-cv-00163-PGG (the "Securities Class Action"). 10. Within sixty (60) days of (i) the Decision or (ii) the date any party lifts the stay pursuant to Paragraph 12 hereof, the parties hereto will submit to the Court an agreed proposed scheduling order, or if the parties are not able to agree on a scheduling order, competing scheduling orders. As further set forth in this order. This stay of proceedings shall not prejudice any party hereto, and each party reserves all applicable rights, arguments, and defenses in connection with this Consolidated Action. 17. This Stipulation and Order shall apply to each action arising out of the same transactions and occurrences and asserting direct and/or derivative state law claims filed in this Court or transferred here, and Co-Lead Counsel shall assist the Court by calling to the attention of the Court the filing or transfer of any such action, and Co-Lead Counsel shall assure that counsel therein receive notice of this Stipulation and Order. Unless otherwise ordered, the terms of all orders, rulings, and decisions in the Consolidated Action shall apply to all later shareholder derivative actions instituted herein. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/28/2022) Filed In Associated Cases: 1:22-cv-05016-PGG, 1:22-cv-06258-PGG (ks)
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| CONSOLIDATED MEMBER CASE: Create association to 1:22-cv-05016-PGG.. (ks) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-00163-PGG. Notice of Assignment to follow. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (vba) |
| 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) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Charles Berg, Douglas L. Braunstein, Jeffrey M Crowe, Oren Frank, Roni Frank, Madhu Pawar, Erez Shachar, Talkspace, Inc., Curtis Warfield, Jacqueline Yeaney. (vf) |
| CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 1:22-cv-00163. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Corey Katz. The party information for the following party/parties has been modified: Matis Nayman, Talkspace, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to CHARLES BERG, DOUGLAS L. BRAUNSTEIN, JEFFREY M. CROWE, OREN FRANK, RONI FRANK, MADHU PAWAR, EREZ SHACHAR, CURTIS WARFIELD, JACQUELINE YEANEY, TALKSPACE, INC., re: #1 Complaint,. Document filed by Matis Nayman. (Attachments: #1 Supplement Defendants List for Issuance of Summons).(Katz, David) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-cv-00163 (PGG). Document filed by Matis Nayman..(Katz, David) |
| Filing 2 CIVIL COVER SHEET filed..(Katz, David) |
| Filing 1 COMPLAINT against Charles Berg, Douglas L. Braunstein, Jeffrey M Crowe, Oren Frank, Roni Frank, Madhu Pawar, Erez Shachar, Talkspace, Inc., Curtis Warfield, Jacqueline Yeaney. (Filing Fee $ 402.00, Receipt Number ANYSDC-26453688)Document filed by Matis Nayman. (Attachments: #1 Exhibit Client Verification).(Katz, David) |
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