Brennan v. Latch, Inc. et al
| Slater Brennan |
| Latch, Inc., Luke Schoenfelder, Garth Mitchell, Barry Schaeffer and TS Innovation Acquisitions Corp. |
| Alan Bishop, Stephen Lind, Adam Gotterer, Joseph Jackino, Kenneth Grutman, VB PTC Establishment as Trustee of Gersec Trust and Elizabeth Torres |
| 1:2022cv07473 |
| August 31, 2022 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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Filing 52
MEMO ENDORSEMENT on re: #51 Letter, filed by VB PTC Establishment as Trustee of Gersec Trust. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 8/2/2023) (rro)
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| Filing 51 LETTER addressed to Judge John G. Koeltl from Jacob A. Goldberg dated August 2, 2023 re: Timeline for Defendant's Restatement and Filing of Amended Complaint. Document filed by VB PTC Establishment as Trustee of Gersec Trust..(Goldberg, Jacob) |
| Filing 50 LETTER addressed to Judge John G. Koeltl from Jacob A. Goldberg dated May 24, 2023 re: Restatement and Proposed Schedule. Document filed by VB PTC Establishment as Trustee of Gersec Trust..(Goldberg, Jacob) |
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Filing 49
MEMO ENDORSEMENT on re: #48 Letter filed by VB PTC Establishment as Trustee of Gersec Trust ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 3/30/2023) (ks)
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| Filing 48 LETTER addressed to Judge John G. Koeltl from Jacob A. Goldberg dated March 30, 2023 re: Update on Proposed Case Schedule. Document filed by VB PTC Establishment as Trustee of Gersec Trust..(Goldberg, Jacob) |
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Filing 47
MEMO ENDORSEMENT on re: #46 Letter filed by VB PTC Establishment as Trustee of Gersec Trust ENDORSEMENT: APPLICATION GRANTED. SO ORDERED (Signed by Judge John G. Koeltl on 1/31/2023) (ks)
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| Filing 46 LETTER addressed to Judge John G. Koeltl from Jacob A. Goldberg dated January 31, 2023 re: Case Schedule. Document filed by VB PTC Establishment as Trustee of Gersec Trust..(Goldberg, Jacob) |
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Filing 45
ORDER: The conference scheduled for January 23, 2023 at 4:00 p.m. is canceled. SO ORDERED. (Signed by Judge John G. Koeltl on 1/19/2023) (ks)
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Filing 44
ORDER APPOINTING LEAD PLAINTIFF AND APPROVING LEAD PLAINTIFF'S SELECTION OF COUNSEL granting #18 Motion to Appoint Counsel ; granting #18 Motion to Appoint. IT IS HEREBY ORDERED THAT: APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL 1. Pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. 78u-(a)(3)(B), Movant is appointed as Lead Plaintiff for the class as it has the largest financial interest in this litigation and otherwise satisfies the requirements offed. R. Civ. P. 23. 2. Movant's choice of counsel is approved and, accordingly, Rosen Law is appointed as Lead Counsel. 3. Lead Counsel, after being appointed by the Court, shall manage the prosecution of this litigation. Lead Counsel is to avoid duplicative or unproductive activities and is hereby vested by the Court with the responsibilities that include, without limitation, the following to: (1) prepare all pleadings; (2) direct and coordinate the briefing and arguing of motions in accordance with the schedules set by the orders and rules of this Court; (3) initiate and direct discovery; (4) prepare the case for trial; and (5) engage in settlement negotiations on behalf of Lead Plaintiff and the Class. The Clerk is directed to close all pending motions. SO ORDERED.. (Signed by Judge John G. Koeltl on 1/17/2023) (ks)
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Filing 43
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #41 MOTION for Kristin N. Murphy to Appear Pro Hac Vice. The motion of KRISTIN N. MURPHY for admission to practice pro hac vice in the above-captioned matter is granted. (Signed by Judge John G. Koeltl on 1/13/2023) (jca)
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| Filing 42 LETTER addressed to Judge John G. Koeltl from William B. Federman dated January 13, 2023 re: January 17, 2023 hearing. Document filed by Kenneth Grutman..(Federman, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for Kristin N. Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27192699. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac) |
| Filing 41 MOTION for Kristin N. Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27192699. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Latch, Inc., Garth Mitchell, Barry Schaeffer, Luke Schoenfelder. (Attachments: #1 Affidavit Declaration of Kristin N. Murphy in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Text of Proposed Order).(Murphy, Kristin) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Set Deadlines/Hearing as to: Motion Hearing set for 1/17/2023 at 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
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Filing 40
ORDER with respect to #9 Motion to Appoint ; with respect to #9 Motion to Appoint Counsel ; with respect to #13 Motion to Appoint ; with respect to #13 Motion to Appoint Counsel ; with respect to #16 Motion to Appoint ; with respect to #16 Motion to Appoint Counsel ; with respect to #18 Motion to Appoint Counsel ; with respect to #18 Motion to Appoint ; with respect to #23 Motion to Appoint Counsel ; with respect to #23 Motion to Appoint. The parties and movants are directed to appear, by phone, for a conference in connection with the various motions for the appointment of lead plaintiff and lead counsel on January 17, 2023, at 3:30 p.m. SO ORDERED. (Signed by Judge John G. Koeltl on 1/9/2023) (tg)
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| Set/Reset Deadlines as to Motion Hearing set for 1/17/2023 at 03:30 PM before Judge John G. Koeltl. (tg) |
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Filing 39
ORDER: As discussed at the conference held today, the parties are advised that the Court's niece is an equity partner at Latham & Watkins, but she has not and will not share in any income from this case. Nothing about this has affected or will affect anything the Court does in this case. SO ORDERED. (Signed by Judge John G. Koeltl on 1/6/2023) (ks)
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Filing 38
JOINT STIPULATION AND ORDER REGARDING SERVICE OF THE COMPLAINT AS TO THE INDIVIDUAL DEFENDANTS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel, and subject to the Court's approval, that: 1. Undersigned counsel for the Individual Defendants hereby accept service of the summons and Complaint on behalf of Defendants Luke Schoenfelder, Gaith Mitchell, and Barry Schaffer, without waiver of any defenses, objections or arguments, except as to sufficiency of service of process. 2. The Individual Defendants also need not respond to the Complaint. 3. Consistent with the previously ordered stipulation between Plaintiff and Defendant Latch, within fourteen days of entry of an Order appointing lead plaintiff and approving lead counsel, Lead Counsel and counsel for Latch and the Individual Defendants shall meet and confer and submit a proposed schedule for the filing of an amended complaint and for Individual Defendants' response thereto. IT IS SO STIPULATED AND AGREED. SO ORDERED. (Signed by Judge John G. Koeltl on 1/6/2023) (ks)
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| Filing 37 NOTICE OF APPEARANCE by Leah Heifetz on behalf of VB PTC Establishment as Trustee of Gersec Trust..(Heifetz, Leah) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference set for 1/6/2023 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 36 PROPOSED STIPULATION AND ORDER. Document filed by Latch, Inc., Garth Mitchell, Barry Schaeffer, Luke Schoenfelder..(Shamah, Adam) |
| Filing 35 NOTICE OF APPEARANCE by Adam Brian Shamah on behalf of Latch, Inc., Garth Mitchell, Barry Schaeffer, Luke Schoenfelder..(Shamah, Adam) |
| Filing 34 NOTICE OF APPEARANCE by Jacob Alexander Goldberg on behalf of VB PTC Establishment as Trustee of Gersec Trust..(Goldberg, Jacob) |
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Filing 33
ORDER: The movants are directed to submit courtesy copies, in paper form, of all papers filed in connection with their respective motions for the appointment of lead plaintiff and lead counsel. Each movant should submit their own motion, along with supporting documents and declarations, any notice of non opposition, and any other docketed papers related to the movant's motion. The summons and complaint in this action were served on defendant Latch, Inc. on September 20, 2022. To date, the docket shows that the other defendants named in the complaint -- Luke Schoenfelder, Garth Mitchell, and Barry Schaeffer -- have not been served. The time for the plaintiff to serve these defendants is extended to January 13, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 12/7/2022) ( Service due by 1/13/2023.) (ks)
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| Filing 32 NOTICE of Non-Opposition re: #18 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint VB PTC Establishment as Trustee of Gersec Trust to serve as lead plaintiff(s) .. Document filed by VB PTC Establishment as Trustee of Gersec Trust..(Kim, Phillip) |
| Filing 31 NOTICE of Non-Opposition to Competing Lead Plaintiff Motion. Document filed by Adam Gotterer, Joseph Jackino, Stephen Lind..(Linkh, Gregory) |
| Filing 30 NOTICE of Non-Opposition of Movant Kenneth Grutman. Document filed by Kenneth Grutman..(Federman, William) |
| Filing 29 NOTICE of Non-Opposition to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel re: #23 MOTION to Appoint Counsel . MOTION to Appoint Elizabeth Torres to serve as lead plaintiff(s) .. Document filed by Elizabeth Torres..(Lieberman, Jeremy) |
| Filing 28 NOTICE of Non-Opposition to Competing Lead Plaintiff Motions re: #9 MOTION to Appoint Alan Bishop to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Alan Bishop..(Apton, Adam) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #24 Proposed Order was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #17 Proposed Order was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #12 Proposed Order was reviewed and approved as to form. (km) |
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Filing 27
JOINT STIPULATION AND SCHEDULING ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel, and subject to the Court's approval, that: 1. Latch need not respond to the Complaint. 2. Within fourteen days of entry of an Order appointing lead plaintiff and approving lead counsel, Lead Counsel and counsel for Latch shall meet and confer and submit a proposed schedule for the filing of an amended complaint and for Latch's response thereto. IT IS SO STIPULATED AND AGREED TO THIS 31st DAY OF OCTOBER, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 10/31/2022) (ks)
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| Filing 26 DECLARATION of Jeremy A. Lieberman in Support re: #23 MOTION to Appoint Counsel . MOTION to Appoint Elizabeth Torres to serve as lead plaintiff(s) .. Document filed by Elizabeth Torres. (Attachments: #1 Exhibit A - Damages Analysis, #2 Exhibit B - PSLRA Notice, #3 Exhibit C - Certification, #4 Exhibit D - Movant Declaration, #5 Exhibit E - Firm Resume).(Lieberman, Jeremy) |
| Filing 25 MEMORANDUM OF LAW in Support re: #23 MOTION to Appoint Counsel . MOTION to Appoint Elizabeth Torres to serve as lead plaintiff(s) . . Document filed by Elizabeth Torres..(Lieberman, Jeremy) |
| Filing 24 PROPOSED ORDER. Document filed by Elizabeth Torres. Related Document Number: #23 ..(Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 23 MOTION to Appoint Counsel ., MOTION to Appoint Elizabeth Torres to serve as lead plaintiff(s) . Document filed by Elizabeth Torres..(Lieberman, Jeremy) |
| Filing 22 MEMORANDUM OF LAW in Support re: #18 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint VB PTC Establishment as Trustee of Gersec Trust to serve as lead plaintiff(s) . . Document filed by VB PTC Establishment as Trustee of Gersec Trust. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Rosen Law Firm Resume).(Kim, Phillip) |
| Filing 21 PROPOSED ORDER. Document filed by VB PTC Establishment as Trustee of Gersec Trust. Related Document Number: #18 ..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 20 MEMORANDUM OF LAW in Support re: #16 MOTION to Appoint Kenneth Grutman to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Kenneth Grutman..(Federman, William) |
| Filing 19 DECLARATION of William B. Federman in Support re: #16 MOTION to Appoint Kenneth Grutman to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Kenneth Grutman. (Attachments: #1 Exhibit 1 - Certificate of Investment, #2 Exhibit 2 - Loss Analysis, #3 Exhibit 3 - Business Wire, #4 Exhibit 4 - Firm Resume).(Federman, William) |
| Filing 18 MOTION to Appoint Counsel The Rosen Law Firm, P.A.., MOTION to Appoint VB PTC Establishment as Trustee of Gersec Trust to serve as lead plaintiff(s) . Document filed by VB PTC Establishment as Trustee of Gersec Trust..(Kim, Phillip) |
| Filing 17 PROPOSED ORDER. Document filed by Adam Gotterer, Joseph Jackino, Stephen Lind. Related Document Number: #13 ..(Linkh, Gregory) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 16 MOTION to Appoint Kenneth Grutman to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Kenneth Grutman. (Attachments: #1 Text of Proposed Order (Proposed) Order).(Federman, William) |
| Filing 15 DECLARATION of Gregory B. Linkh in Support re: #13 MOTION to Appoint Stephen Lind, Adam Gotterer, and Joseph Jackino to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Adam Gotterer, Joseph Jackino, Stephen Lind. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certifications of Movants, #3 Exhibit C - Movants' Financial Interest Analysis, #4 Exhibit D - Movants' Joint Declaration, #5 Exhibit E - GPM Firm Resume, #6 Exhibit F - Johnson Fistel Firm Resume).(Linkh, Gregory) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Appoint Stephen Lind, Adam Gotterer, and Joseph Jackino to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Adam Gotterer, Joseph Jackino, Stephen Lind..(Linkh, Gregory) |
| Filing 13 MOTION to Appoint Stephen Lind, Adam Gotterer, and Joseph Jackino to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Stephen Lind, Adam Gotterer, Joseph Jackino..(Linkh, Gregory) |
| Filing 12 PROPOSED ORDER. Document filed by Alan Bishop. Related Document Number: #9 ..(Apton, Adam) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 11 DECLARATION of Adam M. Apton in Support re: #9 MOTION to Appoint Alan Bishop to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP.. Document filed by Alan Bishop. (Attachments: #1 Exhibit A- PSLRA Certification, #2 Exhibit B- Loss Chart, #3 Exhibit C- PSLRA Notice, #4 Exhibit D- Movant Declaration, #5 Exhibit E- LK Resume).(Apton, Adam) |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Appoint Alan Bishop to serve as lead plaintiff(s) . MOTION to Appoint Counsel Levi & Korsinsky, LLP. . Document filed by Alan Bishop..(Apton, Adam) |
| Filing 9 MOTION to Appoint Alan Bishop to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Levi & Korsinsky, LLP. Document filed by Alan Bishop..(Apton, Adam) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Latch, Inc...(Bengels, Jessica) |
| Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by Latch, Inc...(Bengels, Jessica) |
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Filing 6
ORDER: The summons and complaint were served on defendant Latch, Inc. on September 20, 2022. Pursuant to Rule 12 (a) of the Federal Rules of Civil Procedure, the time to answer was October 11, 2022. The time for defendant Latch, Inc. to respond to the complaint is extended to November 2, 2022. Failure to respond to the complaint by this date could result in a default judgment being entered against the defendant. SO ORDERED. (Signed by Judge John G. Koeltl on 10/19/2022) Latch, Inc. answer due 11/2/2022. (ks)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 1/23/2023 at 04:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 5 SUMMONS RETURNED EXECUTED. Latch, Inc. served on 9/20/2022, answer due 10/11/2022. Service was accepted by Nathan Olinger, Authorized to Accept Service. Document filed by Slater Brennan..(Linkh, Gregory) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Latch, Inc., Garth Mitchell, Barry Schaeffer, Luke Schoenfelder. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Bradley Linkh. The party information for the following party/parties has been modified: Latch, Inc. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(vf) |
| 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to LATCH, INC., LUKE SCHOENFELDER, GARTH MITCHELL, and BARRY SCHAEFFER, re: #1 Complaint. Document filed by Slater Brennan..(Linkh, Gregory) |
| Filing 2 CIVIL COVER SHEET filed..(Linkh, Gregory) |
| Filing 1 COMPLAINT against Latch, Inc., Garth Mitchell, Barry Schaeffer, Luke Schoenfelder. (Filing Fee $ 402.00, Receipt Number ANYSDC-26621786)Document filed by Slater Brennan..(Linkh, Gregory) |
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