Woldanski v. TuSimple Holdings, Inc. et al.
PATRICK WOLDANSKI |
TUSIMPLE HOLDINGS, INC., CHENG LU, PATRICK DILLON, ERIC TAPIA, XIAODI HOU, MO CHEN, JAMES MULLEN, MORGAN STANLEY & CO. LLC, CITIGROUP GLOBAL MARKETS INC., J.P. MORGAN SECURITIES LLC, BOFA SECURITIES, INC., CREDIT SUISSE SECURITIES (USA) LLC, COWEN AND COMPANY, LLC, NOMURA SECURITIES INTERNATIONAL, INC., RBC CAPITAL MARKETS, LLC, NEEDHAM & COMPANY, LLC, OPPENHEIMER & CO. INC., PIPER SANDLER & CO., ROBERT W. BAIRD & CO. INCORPORATED, VALUABLE CAPITAL LIMITED and Oppenheimer & CO., Inc. |
George Maurizi, Guy Donald Foulkes, Ronald Betsworth, Mark Oholendt, Jeff Huntington and Indiana Public Retirement System |
1:2022cv09625 |
November 10, 2022 |
US District Court for the Southern District of New York |
Alvin K Hellerstein |
Securities/Commodities |
15 U.S.C. § 77 Securities Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Received e-mail from the United States District Court - Southern District of California acknowledging receipt of transferred case. Assigned Case Number: 3:23-cv-00282, filed on 2/14/2023. (sgz) |
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of California. (jca) |
Filing 47 ORDER AND OPINION GRANTING MOTION TO TRANSFER VENUE re: #8 MOTION to Transfer Case to the United States District Court for the Southern District of California. filed by Patrick Dillon, Cheng Lu, TuSimple Holdings, Inc., Xiaodi Hou, Eric Tapia, James Mullen. In sum, because the relevant factors favor transfer or are otherwise neutral, Defendant has made a clear and convincing showing that transfer to the Southern District of California would be convenient for the witnesses and parties and in the interest of justice. Accordingly, the motion to transfer venue is granted. I leave determination as to the appointment of the lead counsel to the transferee forum. The Clerk of Court shall terminate Defendant's motion (ECF No. 8) and all pending motions, leaving them to the transferee court to decide. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/7/2023) (jca) Transmission to Office of the Clerk of Court for processing. |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #46 Proposed Order was reviewed and approved as to form. (km) |
Filing 46 PROPOSED ORDER. Document filed by Indiana Public Retirement System. Related Document Number: #45 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 45 NOTICE of Unopposed Motion re: #32 MOTION to Appoint Indiana Public Retirement System to serve as lead plaintiff(s) in the Event the Court Declines to Transfer the Action.. Document filed by Indiana Public Retirement System..(Rosenfeld, David) |
Filing 44 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Appoint Mark Oholendt and Jeff Huntington to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #27 MOTION to Appoint RONALD BETSWORTH to serve as lead plaintiff(s) The Rosen Law Firm, P.A.. MOTION to Appoint Counsel ., #24 MOTION to Appoint Counsel . MOTION to Appoint Guy Donald Foulkes to serve as lead plaintiff(s) ., #21 MOTION to Appoint Counsel . MOTION to Appoint George Maurizi to serve as lead plaintiff(s) . . Document filed by Indiana Public Retirement System..(Rosenfeld, David) |
Filing 43 NOTICE of Non-Opposition to Competing Motion to Appoint Lead Plaintiff and Approve Selection of Lead Counsel re: #29 MOTION to Appoint Mark Oholendt and Jeff Huntington to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Jeff Huntington, Mark Oholendt..(Tarnor, Nathaniel) |
Filing 42 NOTICE of Withdrawal of Motion re: #21 MOTION to Appoint Counsel . MOTION to Appoint George Maurizi to serve as lead plaintiff(s) .. Document filed by George Maurizi..(Linkh, Gregory) |
Filing 41 NOTICE of NON-OPPOSITION OF RONALD BETSWORTH TO COMPETING LEAD PLAINTIFF MOTIONS re: #27 MOTION to Appoint RONALD BETSWORTH to serve as lead plaintiff(s) The Rosen Law Firm, P.A.. MOTION to Appoint Counsel .. Document filed by Ronald Betsworth..(Kim, Phillip) |
Filing 40 NOTICE OF APPEARANCE by Elton Joe Kendall on behalf of Indiana Public Retirement System..(Kendall, Elton) |
Filing 39 RESPONSE to Motion re: #29 MOTION to Appoint Mark Oholendt and Jeff Huntington to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #27 MOTION to Appoint RONALD BETSWORTH to serve as lead plaintiff(s) The Rosen Law Firm, P.A.. MOTION to Appoint Counsel ., #24 MOTION to Appoint Counsel . MOTION to Appoint Guy Donald Foulkes to serve as lead plaintiff(s) ., #21 MOTION to Appoint Counsel . MOTION to Appoint George Maurizi to serve as lead plaintiff(s) ., #32 MOTION to Appoint Indiana Public Retirement System to serve as lead plaintiff(s) in the Event the Court Declines to Transfer the Action. . Document filed by Patrick Dillon, Xiaodi Hou, Cheng Lu, James Mullen, Eric Tapia, TuSimple Holdings, Inc...(Perla, Timothy) |
Filing 38 ORDER FOR ADMISSION PRO HAC VICE granting #36 Motion for Joe Kendall to Appear Pro Hac Vice. The motion of Joe Kendall ("Applicant") for admission to practice pro hac vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 1/12/23) (yv) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Joe Kendall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27182324. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) |
Filing 37 NOTICE of Withdrawal of Motion re: #24 MOTION to Appoint Counsel . MOTION to Appoint Guy Donald Foulkes to serve as lead plaintiff(s) .. Document filed by Guy Donald Foulkes..(Apton, Adam) |
Filing 36 MOTION for Joe Kendall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27182324. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Indiana Public Retirement System. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Kendall, Elton) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #35 Proposed Order was reviewed and approved as to form. (nd) |
Filing 35 PROPOSED ORDER. Document filed by Indiana Public Retirement System. Related Document Number: #32 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 34 DECLARATION of David A. Rosenfeld in Support re: #32 MOTION to Appoint Indiana Public Retirement System to serve as lead plaintiff(s) in the Event the Court Declines to Transfer the Action.. Document filed by Indiana Public Retirement System. (Attachments: #1 Exhibit 1 - PSLRA Notice, #2 Exhibit 2 - Certification, #3 Exhibit 3 - Estimate of losses).(Rosenfeld, David) |
Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Appoint Indiana Public Retirement System to serve as lead plaintiff(s) in the Event the Court Declines to Transfer the Action. . Document filed by Indiana Public Retirement System..(Rosenfeld, David) |
Filing 32 MOTION to Appoint Indiana Public Retirement System to serve as lead plaintiff(s) in the Event the Court Declines to Transfer the Action. Document filed by Indiana Public Retirement System..(Rosenfeld, David) |
Filing 31 DECLARATION of Lucas E. Gilmore in Support re: #29 MOTION to Appoint Mark Oholendt and Jeff Huntington to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Jeff Huntington, Mark Oholendt. (Attachments: #1 Exhibit A - Movants' Certifications, #2 Exhibit B - Movants' Loss Charts, #3 Exhibit C - Notice of Pendency, #4 Exhibit D - Firm Resume, #5 Exhibit E - Movants' Joint Declaration).(Tarnor, Nathaniel) |
Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Appoint Mark Oholendt and Jeff Huntington to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Jeff Huntington, Mark Oholendt..(Tarnor, Nathaniel) |
Filing 29 MOTION to Appoint Mark Oholendt and Jeff Huntington to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Mark Oholendt, Jeff Huntington. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Motion).(Tarnor, Nathaniel) |
Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Appoint RONALD BETSWORTH to serve as lead plaintiff(s) The Rosen Law Firm, P.A.. MOTION to Appoint Counsel . The Rosen Law Firm, P.A.. Document filed by Ronald Betsworth. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume).(Kim, Phillip) |
Filing 27 MOTION to Appoint RONALD BETSWORTH to serve as lead plaintiff(s) The Rosen Law Firm, P.A.., MOTION to Appoint Counsel . Document filed by Ronald Betsworth. (Attachments: #1 Text of Proposed Order Proposed Order).(Kim, Phillip) |
Filing 26 DECLARATION of Adam M. Apton in Support re: #24 MOTION to Appoint Counsel . MOTION to Appoint Guy Donald Foulkes to serve as lead plaintiff(s) .. Document filed by Guy Donald Foulkes. (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 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Appoint Counsel . MOTION to Appoint Guy Donald Foulkes to serve as lead plaintiff(s) . . Document filed by Guy Donald Foulkes..(Apton, Adam) |
Filing 24 MOTION to Appoint Counsel ., MOTION to Appoint Guy Donald Foulkes to serve as lead plaintiff(s) . Document filed by Guy Donald Foulkes. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Motion).(Apton, Adam) |
Filing 23 DECLARATION of Gregory B. Linkh in Support re: #21 MOTION to Appoint Counsel . MOTION to Appoint George Maurizi to serve as lead plaintiff(s) .. Document filed by George Maurizi. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - GPM Firm Resume).(Linkh, Gregory) |
Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Appoint Counsel . MOTION to Appoint George Maurizi to serve as lead plaintiff(s) . . Document filed by George Maurizi..(Linkh, Gregory) |
Filing 21 MOTION to Appoint Counsel ., MOTION to Appoint George Maurizi to serve as lead plaintiff(s) . Document filed by George Maurizi. (Attachments: #1 Text of Proposed Order - [Proposed] Order Granting Motion).(Linkh, Gregory) |
Filing 20 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Transfer Case to the United States District Court for the Southern District of California. . Document filed by Patrick Dillon, Xiaodi Hou, Cheng Lu, James Mullen, Eric Tapia, TuSimple Holdings, Inc...(Perla, Timothy) |
Filing 19 MEMO ENDORSEMENT on re: #15 Letter filed by TuSimple Holdings, Inc. ENDORSEMENT: Time to answer is enlarged to Feb. 10, 2023. BofA Securities, Inc. answer due 2/10/2023; Mo Chen answer due 2/10/2023; Citigroup Global Markets Inc. answer due 2/10/2023; Cowen and Company, LLC answer due 2/10/2023; Credit Suisse Securities (USA) LLC answer due 2/10/2023; Patrick Dillon answer due 2/10/2023; Xiaodi Hou answer due 2/10/2023; J.P. Morgan Securities LLC answer due 2/10/2023; Cheng Lu answer due 2/10/2023; Morgan Stanley & Co. LLC answer due 2/10/2023; James Mullen answer due 2/10/2023; Needham & Company, LLC answer due 2/10/2023; Nomura Securities International, Inc. answer due 2/10/2023; Oppenheimer & CO., Inc. answer due 2/10/2023; Piper Sandler & Co. answer due 2/10/2023; RBC Capital Markets, LLC answer due 2/10/2023; Robert W. Baird & Co. Incorporated answer due 2/10/2023; Eric Tapia answer due 2/10/2023; TuSimple Holdings, Inc. answer due 2/10/2023; Valuable Capital Limited answer due 2/10/2023. (Signed by Judge Alvin K. Hellerstein on 1/3/2023) (ate) |
Filing 18 DECLARATION of Phillip Kim in Opposition re: #8 MOTION to Transfer Case to the United States District Court for the Southern District of California.. Document filed by Patrick Woldanski. (Attachments: #1 Exhibit 1- Dicker v. TuSimple (S.D. Cal.) Complaint, #2 Exhibit 2- TuSimple Form S-1, #3 Exhibit 3- TuSimple Form 424, #4 Exhibit 4- TuSimple Form 424).(Kim, Phillip) |
Filing 17 MEMORANDUM OF LAW in Opposition re: #8 MOTION to Transfer Case to the United States District Court for the Southern District of California. . Document filed by Patrick Woldanski..(Kim, Phillip) |
Filing 16 MEMO ENDORSEMENT on re: #14 Letter Requesting Extension of Time to File Opposition to Defendants' Motion to Transfer (Dkt. No. 8). filed by Patrick Woldanski. ENDORSEMENT: The request for an extension is granted.SO ORDERED., ( Replies due by 1/9/2023., Responses due by 12/30/2022) (Signed by Judge Alvin K. Hellerstein on 12/23/22) (yv) |
Filing 15 LETTER addressed to Judge Alvin K. Hellerstein from Timothy J. Perla dated December 22, 2022 re: Requesting Extension of Time. Document filed by TuSimple Holdings, Inc...(Perla, Timothy) |
Filing 14 LETTER addressed to Judge Alvin K. Hellerstein from Phillip Kim dated December 22, 2022 re: Requesting Extension of Time to File Opposition to Defendants' Motion to Transfer (Dkt. No. 8). Document filed by Patrick Woldanski..(Kim, Phillip) |
Filing 13 SUMMONS RETURNED EXECUTED. TuSimple Holdings, Inc. served on 12/13/2022, answer due 1/3/2023. Service was accepted by Lyanne Gares, Managing Agent of Defendant's Registered Agent. Document filed by Patrick Woldanski..(Kim, Phillip) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Robert K. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27069189. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for William H. Paine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27069127. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
Filing 12 MOTION for Robert K. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27069189. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Patrick Dillon, Xiaodi Hou, Cheng Lu, James Mullen, Eric Tapia, TuSimple Holdings, Inc.. (Attachments: #1 Exhibit Declaration of Robert K. Smith in Support of Motion, #2 Exhibit Certificate of Good Standing - Massachusetts, #3 Text of Proposed Order Text of Proposed Order for admission Pro Hac Vice).(Smith, Robert) |
Filing 11 MOTION for William H. Paine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27069127. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Patrick Dillon, Xiaodi Hou, Cheng Lu, James Mullen, Eric Tapia, TuSimple Holdings, Inc.. (Attachments: #1 Exhibit Declaration of William H. Paine in Support of Motion, #2 Exhibit Certificate of Good Standing - Massachusetts, #3 Text of Proposed Order for admission Pro Hac Vice).(Paine, William) |
Filing 10 DECLARATION of Samuel Picarro in Support re: #8 MOTION to Transfer Case to the United States District Court for the Southern District of California.. Document filed by Patrick Dillon, Xiaodi Hou, Cheng Lu, James Mullen, Eric Tapia, TuSimple Holdings, Inc...(Perla, Timothy) |
Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Transfer Case to the United States District Court for the Southern District of California. . Document filed by Patrick Dillon, Xiaodi Hou, Cheng Lu, James Mullen, Eric Tapia, TuSimple Holdings, Inc.. (Attachments: #1 Exhibit A - State Court Filing).(Perla, Timothy) |
Filing 8 MOTION to Transfer Case to the United States District Court for the Southern District of California. Document filed by Patrick Dillon, Xiaodi Hou, Cheng Lu, James Mullen, Eric Tapia, TuSimple Holdings, Inc...(Perla, Timothy) |
Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Patrick Dillon, Xiaodi Hou, Cheng Lu, James Mullen, Eric Tapia, TuSimple Holdings, Inc...(Perla, Timothy) |
Filing 6 NOTICE OF APPEARANCE by Timothy Perla on behalf of Patrick Dillon, Xiaodi Hou, Cheng Lu, James Mullen, Eric Tapia, TuSimple Holdings, Inc...(Perla, Timothy) |
Filing 5 ELECTRONIC SUMMONS ISSUED as to BofA Securities, Inc., Mo Chen, Citigroup Global Markets Inc., Cowen and Company, LLC, Credit Suisse Securities (USA) LLC, Patrick Dillon, Xiaodi Hou, J.P. Morgan Securities LLC, Cheng Lu, Morgan Stanley & Co. LLC, James Mullen, Needham & Company, LLC, Nomura Securities International, Inc., Oppenheimer & CO., Inc., Piper Sandler & Co., RBC Capital Markets, LLC, Robert W. Baird & Co. Incorporated, Eric Tapia, TuSimple Holdings, Inc., Valuable Capital Limited..(gp) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Phillip C. Kim. The party information for the following party/parties has been modified: all parties. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (gp) |
Magistrate Judge Ona T. Wang 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. (gp) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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..(gp) |
Case Designated ECF. (gp) |
Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PATRICK WOLDANSKI..(Kim, Phillip) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to TuSimple Holdings, Inc., et al., re: #1 Complaint,,. Document filed by PATRICK WOLDANSKI..(Kim, Phillip) |
Filing 2 CIVIL COVER SHEET filed..(Kim, Phillip) |
Filing 1 COMPLAINT against BOFA SECURITIES, INC., MO CHEN, CITIGROUP GLOBAL MARKETS INC., COWEN AND COMPANY, LLC, CREDIT SUISSE SECURITIES (USA) LLC, PATRICK DILLON, XIAODI HOU, J.P. MORGAN SECURITIES LLC, CHENG LU, MORGAN STANLEY & CO. LLC, JAMES MULLEN, NEEDHAM & COMPANY, LLC, NOMURA SECURITIES INTERNATIONAL, INC., OPPENHEIMER & CO. INC., PIPER SANDLER & CO., RBC CAPITAL MARKETS, LLC, ROBERT W. BAIRD & CO. INCORPORATED, ERIC TAPIA, TUSIMPLE HOLDINGS, INC., VALUABLE CAPITAL LIMITED. (Filing Fee $ 402.00, Receipt Number ANYSDC-26947596)Document filed by PATRICK WOLDANSKI. (Attachments: #1 Supplement PSLRA Certification).(Kim, Phillip) |
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