Zeitouni v. Dorsey et al
| Neil Zeitouni |
| Jack Dorsey, Roelof Botha, Amy Brooks, Shawn Carter, Paul Deighton, Randy Garutti, James McKelvey, Mary Meeker, Lawrence Summers and Darren Walker |
| Block, Inc. |
| 1:2023cv00419 |
| January 17, 2023 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Magistrate Judge Jennifer Willis 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (vba) |
Filing 5
STIPULATION AND ORDER TO CONSOLIDATE CASES, APPOINT CO-LEAD COUNSEL FOR PLAINTIFFS, AND STAY CASES PENDING RESOLUTION OF MOTIONS TO DISMISS IN THE RELATED SECURITIES CLASS ACTION: NOW, THEREFORE, IT IS THEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, that: 1. The following actions are hereby consolidated for all purposes, including pre-trial proceedings and trial, under Case No. 22-cv-10747 (the "Consolidated Derivative Action"): Tsou v. Dorsey et al., 1:22-cv-10747, December 20, 2022. Rubin v. Dorsey et al., 1:23-cv-00322, January 13, 2023. Gervat v. Dorsey et al., 1:23-cv-00413, January 17, 2023. Zeitouni v. Dorsey et al., 1:23-cv-00419, January 17, 2023. 2. Every pleading filed in the Consolidated Derivative Action, or in any separate action included herein, must bear the following caption: 3. All papers filed in connection with the Consolidated Derivative Action will be maintained in one file under Lead Case No. 22-cv-10747. 4. This Order shall apply to each shareholder derivative action arising out of the same, or substantially the same, transactions or events as these cases, which is subsequently filed in, removed to, reassigned to, or transferred to this Court. When a shareholder derivative action that properly belongs as part of In Re Block, Inc. Derivative Litigation, Lead Case No. 22-cv-10747, is hereafter filed in the Court, removed to this Court, reassigned to the Court, or transferred here from another court, this Court requests the assistance of counsel in calling to attention of the clerk of the Court the filing, removal, reassignment, or transfer of any case that might properly be consolidated as part of In Re Block, Inc. Derivative Litigation, Lead Case No. 22-cv-10747, and counsel are to assist in assuring that counsel in subsequent actions receive notice of this order. Unless otherwise ordered, the terms of all orders, rulings, and decisions in the Consolidated Derivative Action shall apply to all later shareholder derivative actions involving Block filed in this Court. 5. Co-Lead Counsel for Plaintiffs for the conduct of the Consolidated Derivative Action shall be: WEISS LAW, David C. Katz, Mark D. Smilow, 305 Broadway, 7th Floor, New York, NY 10007, Telephone: (212) 682-3025, Facsimile: (212) 682-3010, dkatz@weisslawllp.com, msmilow@weisslawllp.com, THE BROWN LAW FIRM, P.C., Timothy Brown, 767 Third Avenue, Suite 2501, New York, NY 10017, Telephone: (516) 922-5427, Facsimile: (516) 344-6204, tbrown@thebrownlawfirm.net. 6. Co-Lead Counsel for Plaintiffs, the firm resumes of which are attached hereto as Exhibits A and B, respectively, shall have the sole authority to speak for Plaintiffs in all matters regarding pre-trial procedure, trial, and settlement negotiations and shall make all work assignments in such manner as to facilitate the orderly and efficient prosecution of this litigation and to avoid duplicative or unproductive effort. 7. Co-Lead Counsel for Plaintiffs shall be responsible for coordinating all activities and appearances on behalf of Plaintiffs. No motion, request for discovery, or other pre-trial or trial proceedings will be initiated or filed by any Plaintiff except through Co-Lead Counsel for Plaintiffs. 8. Defendants' counsel may rely upon all agreements made with Co-Lead Counsel for Plaintiffs, or other duly authorized representative of Co-Lead Counsel of Plaintiffs, and such agreements shall be binding on all Plaintiffs. 9. Defendants hereby waive individual service of the initial complaints filed in the Derivative Actions. 10. The Consolidated Derivative Action (including all discovery) shall be stayed until twenty days following the resolution of any and all motions to dismiss (which includes the exhaustion of any and all related appeals) the Related Securities Action. 11. If this stipulated stay is terminated, the parties shall meet and confer and within ten days submit a proposed scheduling order governing any further proceedings in the Consolidated Derivative Action, including the date by which Plaintiffs must file (or designate) an operative consolidated complaint and by which Defendants must answer or otherwise respond to such operative consolidated complaint. 12. Defendants shall notify Plaintiffs within ten days of any additional related derivative lawsuits ("Other Derivative Action") of which they become aware. 13. Defendants shall endeavor in good faith to seek a stay on the same or similar terms as those set forth herein in any Other Derivative Action not consolidated with this Consolidated Federal Action. Defendants shall notify Plaintiffs within ten days of a determination or becoming aware that any Other Derivative Action shall not be stayed for the same duration as the Consolidated Derivative Action or longer. 14. If any Other Derivative Action not consolidated with this Consolidated Federal Action is not stayed for the same or longer duration as the stay of this Consolidated Federal Action, Plaintiffs may terminate this stipulated stay upon five-days' written notice via email to the undersigned counsel for Defendants. If Plaintiffs terminate the stipulated stay pursuant to this paragraph, Defendants reserve the right to file a motion for a further stay of proceedings, which Plaintiffs may oppose. 15. If any Defendant enters into a settlement agreement (or memorandum of understanding pertaining to settlement) in any Other Derivative Action, Plaintiffs may terminate this stipulated stay upon five-days' notice in writing via email to the undersigned counsel of Defendants. If Plaintiffs terminate the stipulated stay pursuant to this paragraph, Defendants reserve the right to file a motion for a further stay of proceedings, which Plaintiffs may oppose. 16. Notwithstanding the stay of this Consolidated Derivative Action, Plaintiffs may file a consolidated complaint during the stay. 17. This stipulation is without prejudice to any and all defenses that Defendants may assert in the Consolidated Derivative Action, including but not limited to any jurisdictional or venue challenges, and without prejudice to any and all claims Plaintiffs may assert in the Consolidated Action. Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY ORDERED that the stipulation is approved. Case stayed. (Signed by Judge Andrew L. Carter, Jr on 1/30/2023) Filed In Associated Cases: 1:22-cv-10747-ALC, 1:23-cv-00322-ALC, 1:23-cv-00413-ALC, 1:23-cv-00419-UA (ate)
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| CONSOLIDATED MEMBER CASE: Create association to 1:22-cv-10747-ALC. (ate) |
| Filing 4 PROPOSED STIPULATION AND ORDER. Document filed by Neil Zeitouni. (Attachments: #1 Exhibit A - Weiss Law Firm Resume, #2 Exhibit B - Brown Law Firm Resume).(Katz, David) |
| CASE REFERRED TO Judge Ronnie Abrams as possibly related to 1:22cv8636. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Corey Katz. The party information for the following party/parties has been modified: Neil Zeitouni. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-cv-08636 (RA). Document filed by Neil Zeitouni..(Katz, David) |
| Filing 2 CIVIL COVER SHEET filed..(Katz, David) |
| Filing 1 COMPLAINT against Block, Inc., Roelof Botha, Amy Brooks, Shawn Carter, Paul Deighton, Jack Dorsey, Randy Garutti, James McKelvey, Mary Meeker, Lawrence Summers, Darren Walker. (Filing Fee $ 402.00, Receipt Number ANYSDC-27213314)Document filed by Neil Zeitouni..(Katz, David) |
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