IN RE BED BATH & BEYOND INC. SECTION 16(b) LITIGATION
| Todd Augenbaum |
| RC VENTURES LLC and Bed Bath & Beyond Inc. |
| Judith Cohen |
| Ryan Cohen |
| 1:2022cv09327 |
| October 31, 2022 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Securities/Commodities |
| None |
Docket Report
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| Filing 24 LETTER addressed to Judge Paul G. Gardephe from Olimpio Lee Squitieri dated 12/21/22 re: the Court's December 12, 2022 Consolidation Order and in response to teh December 16, 2022 letter from Jeffrey Abraham, Esq.. Document filed by Judith Cohen..(Squitieri, Olimpio) |
| Filing 23 LETTER addressed to Judge Paul G. Gardephe from Jeffrey S. Abraham dated December 21, 2022 re: the Court's December 12, 2022 Consolidation Order and in response to the December 16, 2022 letter from Squitieri & Fearon, LLP. Document filed by Todd Augenbaum. (Attachments: #1 Exhibit J - Final Judgment in Kahn ex rel. Value Line, Inc., v. Buttner).(Abraham, Jeffrey) |
| Filing 22 LETTER addressed to Judge Paul G. Gardephe from Jeffrey S. Abraham dated December 16, 2022 re: the Court's December 12, 2022 Consolidation Order. Document filed by Todd Augenbaum. (Attachments: #1 Exhibit A Emails between Jeffrey Abraham & Lee Squitieri, #2 Exhibit B - Spirit Aerosystems Holdings, Inc. v. Scopia Capital Management Protective Order, #3 Exhibit C - Emails between Jeffrey Abraham & Lee Squitieri, #4 Exhibit D - Augenbaum v. Genovese Settlement Agreement, #5 Exhibit E Augenbaum v. Feinberg Order Approving Settlement, #6 Exhibit F Miller v. Anderson Order, #7 Exhibit G In Re Rocket Co. Order for Consolidation and Appointment of Co-Lead, #8 Exhibit H Augenbaum Attorney Record, #9 Exhibit I Emails between Jeffrey Abraham & Lee Squitieri).(Abraham, Jeffrey) |
| Filing 21 SUPPLEMENTAL MOTION to Appoint Judith Cohen to serve as lead plaintiff(s) and appoint Squitieri & Fearon, LLP and Gardy & Notis, LLP as lead plaintiff counsel or co-lead plaintiff counsel. Document filed by Judith Cohen..(Squitieri, Olimpio) |
Filing 20
ORDER: The Clerk of Court will file a copy of this Order in the separate file for each of the above-captioned Bed Bath & Beyond Inc. Section 16(b) cases. Unless otherwise ordered, future filings in any Bed Bath & Beyond Inc. Section 16(b) case herein consolidated shall be filed and docketed only under docket number 22 Civ. 9327 (PGG). All counsel who have entered appearances in the above-captioned Section 16(b) cases shall be deemed to have entered an appearance in the Consolidated Bed Bath & Beyond Inc. Section 16(b) Action under docket number 22 Civ. 9327 (PGG). Counsel are directed to alert the Clerk of Court to the filing or transfer of any case that might properly be consolidated as part of this litigation. Any Section 16(b) action involving substantially related questions of law and fact hereafter filed in or transferred to this Court shall be consolidated under the master file number assigned to this case. Every pleading filed in the Consolidated Bed Bath & Beyond Inc. Section 16(b) Action under docket number 22 Civ. 9327 (PGG) shall bear the following caption: IN RE BED BATH & BEYOND INC. SECTION 16(b) LITIGATION. The Courts consolidation order does not make any person, firm, or corporation a party to any action in which the person or entity has not been named, served, or added as such in accordance with the Federal Rules of Civil Procedure. The following parties have submitted pre-motion letters seeking leave to move for appointment as lead plaintiff, and for selection of lead counsel: (1) Todd Augenbaum, represented by Abraham, Fruchter & Twersky, LLP (22 Civ. 9327, Dkt. No. 15); and (2) Judith Cohen, represented by Squitieri & Fearon, LLP (22 Civ. 9733, Dkt. No. 18). Plaintiffs Augenbaum and Cohen are directed to submit supplemental letters by December 16, 2022, addressing (1) the source of this Courts authority to appoint a lead plaintiff and lead counsel in a consolidated Section 16(b) action; (2) whether such appointment is required of the Court or discretionary and, if discretionary, why the Court should appoint lead plaintiff and lead counsel in this case; and (3) what standard governs the selection of lead plaintiff and lead counsel in a Section 16(b) case. Any person or entity seeking to respond to the letters from Plaintiffs Augenbaum and Cohen will do so by December 21, 2022. The Court will address the pre-motion letters regarding motions to dismiss and motions for summary judgment (22 Civ. 9327, Dkt. Nos. 12-14, 19; 22. Civ. 9733, Dkt. Nos. 10, 16, 22) after the lead plaintiff/lead counsel issue is resolved. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/9/2022) Filed In Associated Cases: 1:22-cv-09327-PGG, 1:22-cv-09733-PGG (ks)
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| Filing 19 LETTER addressed to Judge Paul G. Gardephe from Jared Gerber dated December 8, 2022 re: Pre-Motion Letter re Motion to Dismiss. Document filed by Bed Bath & Beyond Inc...(Gerber, Jared) |
| Filing 18 NOTICE OF APPEARANCE by Jared Mitchell Gerber on behalf of Bed Bath & Beyond Inc...(Gerber, Jared) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bed Bath & Beyond Inc...(Hou, Victor) |
| Filing 16 NOTICE OF APPEARANCE by Victor L. Hou on behalf of Bed Bath & Beyond Inc...(Hou, Victor) |
| Filing 15 LETTER addressed to Judge Paul G. Gardephe from Jeffrey S. Abraham dated December 5, 2022 re: Plaintiff Cohen's November 30, 2022 letter. Document filed by Todd Augenbaum. (Attachments: #1 Exhibit A - In re PurchasePro.com Motion for Approval of Settlement).(Abraham, Jeffrey) |
| Filing 14 LETTER addressed to Judge Paul G. Gardephe from Clifford Thau dated December 2, 2022 re: Response to Plaintiff's Pre-Motion Letter. Document filed by RC Ventures LLC..(Thau, Clifford) |
| Filing 13 LETTER addressed to Judge Paul G. Gardephe from Jeffrey S. Abraham dated 11/29/2022 re: Defendant's November 23, 2022 Pre-Motion Letter. Document filed by Todd Augenbaum. (Attachments: #1 Exhibit C.R.A. Realty Corp. v. Enron Corp. Docket Sheet).(Abraham, Jeffrey) |
| Filing 12 LETTER addressed to Judge Paul G. Gardephe from Clifford Thau dated November 23, 2022 re: Pre-motion Letter re Motion to Dismiss Plaintiff's Complaint. Document filed by RC Ventures LLC..(Thau, Clifford) |
| Filing 11 NOTICE OF APPEARANCE by David Adam Hoffman on behalf of RC Ventures LLC..(Hoffman, David) |
| Filing 10 NOTICE OF APPEARANCE by Marisa Antonelli on behalf of RC Ventures LLC..(Antonelli, Marisa) |
| Filing 9 NOTICE OF APPEARANCE by Clifford Louis Thau on behalf of RC Ventures LLC..(Thau, Clifford) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. RC Ventures LLC served on 11/3/2022, answer due 11/25/2022. Service was accepted by Corporation Service Company. Document filed by Todd Augenbaum..(Klein, Michael) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Bed Bath & Beyond Inc. served on 11/2/2022, answer due 11/23/2022. Service was accepted by Angela Leary. Document filed by Todd Augenbaum..(Klein, Michael) |
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Filing 6
NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 2/2/2023 at 11:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/3/2022) (ks)
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| Filing 5 NOTICE OF APPEARANCE by Michael Jason Klein on behalf of Todd Augenbaum..(Klein, Michael) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Bed Bath & Beyond Inc., RC Ventures LLC..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(pc) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Simon Abraham. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Simon Abraham. The party information for the following party/parties has been modified: RC VENTURES LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to RC Ventures LLC; Bed Bath & Beyond Inc., re: #1 Complaint. Document filed by Todd Augenbaum..(Abraham, Jeffrey) |
| Filing 2 CIVIL COVER SHEET filed..(Abraham, Jeffrey) |
| Filing 1 COMPLAINT against Bed Bath & Beyond Inc., RC VENTURES LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26897019)Document filed by Todd Augenbaum..(Abraham, Jeffrey) |
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