Vaughn v. Snow et al
| Elizabeth Vaughn |
| David B. Snow, Jr., Karen L. Daniel, Sandra Fenwick, William H. Frist, Catherine Jacobson, Thomas G. McKinley, Kenneth Paulus, David L. Shedlarz, Mark D. Smith, Jason Gorevic and Mala Murthy |
| Teladoc Health, Inc. |
| Trevor Hendry |
| 1:2022cv06791 |
| August 9, 2022 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Stockholders Suits |
| Plaintiff |
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Filing 15
STIPULATION AND ORDER CONSOLIDATING 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. Teladoc and the Individual Defendants, through their undersigned 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 Vaughn v. Snow, et al., Case No. 1:22-cv-06791-DLC, shall constitute the Master File for every action in the Consolidated Action. When the document being filed pertains to all actions, the phrase "This Documents Relates to All Actions" shall be placed on the cover page. When a pleading applies only to some, 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, along with the last name of the first-listed plaintiff in said action. 4. Every pleading filed in the Consolidated Action, or in any separate action included herein, shall bear the following caption, as further set forth herein. 5. Glancy Prongay & Murray LLP ("GPM") and Rigrodsky Law, P.A. ("Rigrodsky") are designated Co-Lead Counsel for Plaintiffs in the Consolidated Action. Plaintiffs contend that their counsel, GPM and Rigrodsky, 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. 6. Co-Lead Counsel shall represent Plaintiffs in the prosecution of the Consolidated Action, determine and present to the Court and opposing parties the position of Plaintiffs on all matters arising during pretrial negotiations, delegate and monitor the work performed by Plaintiffs' attorneys to ensure that there is no duplication of effort or unnecessary expense, coordinate on behalf of the Plaintiffs the initiation and conduct of discovery proceedings, have the authority to negotiate matters with Defendants' counsel, and perform such other duties as may be incidental to the proper coordination of Plaintiffs' pretrial activities or authorized by further order of the Court. Defendants' counsel may rely on all agreements made with either of Co-Lead Counsel, or other duly authorized representative of Co-Lead Counsel, and such agreements shall be binding on all Plaintiffs. 7. It would be duplicative and wasteful of the Court's resources for any Defendant who has been properly served, has agreed to accept service, or who is served in the future to have to respond whether by answer or motion to the individual complaints before a consolidated complaint is filed in the Consolidated Action. Therefore, any Defendant who has been properly served, has agreed to accept service, or who is served in the future, need only respond, plead, move, or answer to any consolidated complaint filed in the Consolidated Action or to any other related complaints that are subsequently assigned or transferred to this Court. Pursuant to the agreed-upon schedule so-ordered by the Court on October 4, 2022, the parties will meet and confer to discuss case management and a schedule for initial motion practice, and will propose such schedule to the court, including the date for filing a consolidated complaint and the sequencing of any motions concerning whether the Southern District of New York is the proper forum for Plaintiffs' derivative claims in light of Teladoc's Delaware forum provision, whether Plaintiffs have standing to assert their claims under Rule 23.1 of the Federal Rules of Civil Procedure, and any other Rule 12 motions. To the extent that any Defendant now named in any of the existing complaints filed in the Consolidated Action is not named in the consolidated complaint, the claims against such Defendant shall be deemed dismissed without prejudice. Any pleading filed or served in one of the underlying actions shall become part of the Consolidated Action. 8. 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 Denise L. Cote on 10/28/2022) (vfr)
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| Filing 14 MEMO ENDORSEMENT on re: #13 Letter, filed by Thomas G. McKinley, William H. Frist, Jason Gorevic, Catherine Jacobson, Karen L. Daniel, Mala Murthy, David B. Snow, Jr., Mark D. Smith, Kenneth Paulus, Sandra Fenwick, David L. Shedlarz, Teladoc Health, Inc. ENDORSEMENT: The November 4 conference is cancelled. Status letter is due 12/16/22. (Signed by Judge Denise L. Cote on 10/28/2022) (vfr) |
| Filing 13 JOINT LETTER addressed to Judge Denise L. Cote from Audra J. Soloway dated October 28, 2022 re: Case Management. Document filed by Karen L. Daniel, Sandra Fenwick, William H. Frist, Jason Gorevic, Catherine Jacobson, Thomas G. McKinley, Mala Murthy, Kenneth Paulus, David L. Shedlarz, Mark D. Smith, David B. Snow, Jr, Teladoc Health, Inc...(Soloway, Audra) |
| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Elizabeth Vaughn..(Sachs-Michaels, Benjamin) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #12) PROPOSED STIPULATION AND ORDER. Document filed by Elizabeth Vaughn..(Quitt, Daniella) Modified on 10/26/2022 (lb). |
| Filing 10 LETTER addressed to Judge Denise L. Cote from Timothy J. MacFall dated 10/12/2022 re: Consolidation. Document filed by Elizabeth Vaughn..(MacFall, Timothy) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 10/4/2022) (vfr)
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| Filing 8 LETTER MOTION for Extension of Time for Teladoc Health, Inc. to respond to the Hendry complaint and to propose a schedule for initial motion practice addressed to Judge Denise L. Cote from Audra J. Soloway dated October 3, 2022. Document filed by Karen L. Daniel, Sandra Fenwick, William H. Frist, Jason Gorevic, Catherine Jacobson, Thomas G. McKinley, Mala Murthy, Kenneth Paulus, David L. Shedlarz, Mark D. Smith, David B. Snow, Jr, Teladoc Health, Inc...(Soloway, Audra) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Teladoc Health, Inc...(Soloway, Audra) |
| Filing 6 NOTICE OF APPEARANCE by Caitlin Elizabeth Grusauskas on behalf of Karen L. Daniel, Sandra Fenwick, William H. Frist, Jason Gorevic, Catherine Jacobson, Thomas G. McKinley, Mala Murthy, Kenneth Paulus, David L. Shedlarz, Mark D. Smith, David B. Snow, Jr, Teladoc Health, Inc...(Grusauskas, Caitlin) |
| Filing 5 NOTICE OF APPEARANCE by Audra Jan Soloway on behalf of Karen L. Daniel, Sandra Fenwick, William H. Frist, Jason Gorevic, Catherine Jacobson, Thomas G. McKinley, Mala Murthy, Kenneth Paulus, David L. Shedlarz, Mark D. Smith, David B. Snow, Jr, Teladoc Health, Inc...(Soloway, Audra) |
| Filing 4 NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of Karen L. Daniel, Sandra Fenwick, William H. Frist, Jason Gorevic, Catherine Jacobson, Thomas G. McKinley, Mala Murthy, Kenneth Paulus, David L. Shedlarz, Mark D. Smith, David B. Snow, Jr, Teladoc Health, Inc...(Kramer, Daniel) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-04687-DLC. Notice of Assignment to follow. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (aea) |
| Magistrate Judge Gabriel W. Gorenstein 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 TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gina M. Serra. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gina M. Serra. The party information for the following party/parties has been modified: Elizabeth Vaughn. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| Case Designated ECF. (sj) |
| CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 1:22cv4687. (sj) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-cv-04687-VSB. Document filed by Elizabeth Vaughn..(Serra, Gina) |
| Filing 2 CIVIL COVER SHEET filed..(Serra, Gina) |
| Filing 1 COMPLAINT against Karen L. Daniel, Sandra Fenwick, William H. Frist, Jason Gorevic, Catherine Jacobson, Thomas G. McKinley, Mala Murthy, Kenneth Paulus, David L. Shedlarz, Mark D. Smith, David B. Snow, Jr, Teladoc Health, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26526538)Document filed by Elizabeth Vaughn. (Attachments: #1 Exhibit Verification).(Serra, Gina) |
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