Cohen v. Cohen et al
| Judith Cohen |
| Ryan Cohen and RC VENTURES LLC |
| Bed Bath & Beyond Inc. |
| 1:2022cv09733 |
| November 15, 2022 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 23
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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| CONSOLIDATED MEMBER CASE: Create association to 1:22-cv-09327-PGG.. (ks) |
| Filing 22 LETTER addressed to Judge Paul G. Gardephe from Jared Gerber dated December 8, 2022 re: Pre-Motion Letter. Document filed by Bed Bath & Beyond Inc...(Gerber, Jared) |
| Filing 21 NOTICE OF APPEARANCE by Jared Mitchell Gerber on behalf of Bed Bath & Beyond Inc...(Gerber, Jared) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bed Bath & Beyond Inc...(Hou, Victor) |
| Filing 19 NOTICE OF APPEARANCE by Victor L. Hou on behalf of Bed Bath & Beyond Inc...(Hou, Victor) |
| Filing 18 LETTER MOTION to Consolidate Cases 1:22-cv-09327-PGG In Response To 12/05/22 Letter addressed to Judge Paul G. Gardephe from Olimpio Lee Squitieri dated 12/08/2022. Document filed by Judith Cohen. (Attachments: #1 Exhibit Abstract Harvard Law School Forum, #2 Exhibit SDNY Docket, #3 Exhibit EDNY Docket).(Squitieri, Olimpio) |
| Filing 17 NOTICE OF PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF(S) MUST IMMEDIATELY NOTIFY ALL ATTORNEYS IN THIS ACTION BY SERVING UPON EACH OF THEM COPIES OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES. IF COUNSEL FOR PLAINTIFF(S) IS UNAWARE OF THE IDENTITY OF COUNSEL FOR ANY OF THE PARTIES, COUNSEL FOR PLAINTIFF(S) MUST IMMEDIATELY SEND COPIES OF THE NOTICE AND INDIVIDUAL PRACTICES TO THAT PARTY PERSONALLY. 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. (Signed by Judge Paul G. Gardephe on 12/7/2022) (tg) |
| Filing 16 LETTER addressed to Judge Paul G. Gardephe from Clifford Thau dated December 1, 2022 re: Response to Plaintiff's Pre-Motion Letter. Document filed by Ryan Cohen, RC Ventures LLC..(Thau, Clifford) |
| Filing 15 NOTICE OF APPEARANCE by David Adam Hoffman on behalf of Ryan Cohen, RC Ventures LLC..(Hoffman, David) |
| Filing 14 NOTICE OF APPEARANCE by Marisa Antonelli on behalf of Ryan Cohen, RC Ventures LLC..(Antonelli, Marisa) |
| Filing 13 NOTICE OF APPEARANCE by Clifford Louis Thau on behalf of Ryan Cohen, RC Ventures LLC..(Thau, Clifford) |
| Filing 12 LETTER MOTION for Leave to File Motion to Consolidate the Cohen Action with the Augenbaum Action addressed to Judge Paul G. Gardephe from Lee Squitieri, Esq., counsel for Plaintiff Judith Cohen dated 11/30/2022., LETTER MOTION to Consolidate Cases 1:22-cv-09733 and 1:22-cv-09327 addressed to Judge Paul G. Gardephe from Lee Squitieri, Esq., counsel for Plaintiff Judith Cohen dated 11/30/2022. Document filed by Judith Cohen..(Squitieri, Olimpio) |
| Filing 11 NOTICE OF APPEARANCE by James Stuart Notis on behalf of Judith Cohen..(Notis, James) |
| Filing 10 LETTER MOTION for Leave to File a motion for summary judgment against Defendant Cohen and R.C. Ventures LLC addressed to Judge Paul G. Gardephe from Lee Squitieri, Esq., counsel for Plaintiff Judith Cohen dated 11/28/2022. Document filed by Judith Cohen..(Squitieri, Olimpio) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,. Bed Bath & Beyond Inc. served on 11/22/2022, answer due 12/13/2022. Service was accepted by Angela Leary, Authorized Agent. Document filed by Judith Cohen..(Squitieri, Olimpio) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Ryan Cohen served on 11/18/2022, answer due 12/9/2022. Service was accepted by Corporation Service Company. Document filed by Judith Cohen..(Squitieri, Olimpio) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,. RC Ventures LLC served on 11/18/2022, answer due 12/9/2022. Service was accepted by Corporation Service Company. Document filed by Judith Cohen..(Squitieri, Olimpio) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-09327-PGG. Notice of Assignment to follow. (aea) |
| 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. (aea) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Bed Bath & Beyond Inc., Ryan Cohen, RC Ventures LLC. (vf) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Ryan Cohen and RC Ventures LLC, Bed Bath & Beyond, Inc., re: #1 Complaint,. Document filed by Judith Cohen..(Squitieri, Olimpio) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-cv-09327. Document filed by Judith Cohen..(Squitieri, Olimpio) |
| Filing 3 CIVIL COVER SHEET filed..(Squitieri, Olimpio) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Olimpio Lee Squitieri. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Olimpio Lee Squitieri, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Olimpio Lee Squitieri. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Olimpio Lee Squitieri. 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;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Olimpio Lee Squitieri to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party names whom summons is for must be listed on the docket entry text; do not attach the Civil Cover Sheet;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 22-cv-9327. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Defendants, re: #1 Complaint,. Document filed by Judith Cohen. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Squitieri, Olimpio) Modified on 11/16/2022 (jgo). |
| Filing 1 COMPLAINT against Bed Bath & Beyond Inc., Ryan Cohen, RC VENTURES LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26963842)Document filed by Judith Cohen. (Attachments: #1 Exhibit A Demand Letter, #2 Exhibit B Response Letter).(Squitieri, Olimpio) |
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