Guterba v. Tabuteau et al
| Kyle Guterba |
| Herriot Tabuteau, Roger Jeffs, Mark Coleman, Mark Saad, Nick Pizzie, Mark Jacobson, Cedric O'Gorman and Kevin Laliberte |
| Axsome Therapeutics, Inc. |
| 1:2023cv00737 |
| January 27, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Stockholders Suits |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 6
STIPULATION AND ORDER CONSOLIDATING ACTIONS AND APPOINTING CO-LEAD COUNSEL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by the parties hereto, through their undersigned counsel, subject to the approval of the Court, as follows: Defendants, through their undersigned counsel, hereby accept service of thesummons and complaint in the Guterba Action without waiver of any rights or defenses, except as to sufficiency of service. Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, the Engel Action and the Guterba Action are hereby consolidated for all purposes, including pretrial proceedings, trial, and appeal, and are referred to herein as the Consolidated Action. with docket number. Every pleading filed in the Consolidated Action, shall bear the following caption: IN RE AXSOME THERAPEUTICS, INC. STOCKHOLDER DERIVATIVE LITIGATION Master File: 22cv6183. Glancy Prongay & Murray LLP ("GPM") and Gainey McKenna & Egleston ("GME") are designated Co-Lead Counsel for Plaintiffs in the Consolidated Action. Plaintiffs contend that their counsel, GPM and GME, are well-qualified to coordinate prosecution of the claims they assert derivatively on behalf of the Company. See Firm Rsums attached hereto as Exhibits A & B. Defendants take no position on the qualifications or appointment of lead counselfor Plaintiffs.and as set forth herein. The terms of the August 24, 2022 order staying the Engel Action shall apply to the Consolidated Action. Guterba v. Tabuteau, No. 23 Civ. 737, shall be administratively closed. Pursuant to Local Civil Rule 1.6, the parties shall notify the Court of any action subsequently filed, transferred or removed to this Court that arises out of the same or similar operative facts for potential consolidation into this case or a determination of relatedness. The Clerk of Court is respectfully directed to close Guterba v. Tabuteau, No. 23 Civ. 737. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/28/2023) Filed In Associated Cases: 1:22-cv-06183-LGS, 1:23-cv-00737-LGS (ama)
|
| CONSOLIDATED MEMBER CASE: Create association to 1:22-cv-06183-LGS.. (ama) |
| Filing 5 NOTICE OF APPEARANCE by Emily Renshaw on behalf of Axsome Therapeutics, Inc., Mark Coleman, Mark Jacobson, Roger Jeffs, Kevin Laliberte, Cedric O'Gorman, Nick Pizzie, Mark Saad, Herriot Tabuteau..(Renshaw, Emily) |
| Filing 4 PROPOSED STIPULATION AND ORDER. Document filed by Kyle Guterba..(Sachs-Michaels, Benjamin) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (laq) |
| Magistrate Judge James L. Cott 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. (laq) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-03925-LGS. Notice of Assignment to follow. (laq) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-6183. Document filed by Kyle Guterba..(Egleston, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gregory M. Egleston. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (sj) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Gregory M. Egleston, 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| CASE REFERRED TO Judge Lorna G. Schofield as possibly related to 1:22cv6183. (sj) |
| Case Designated ECF. (sj) |
| Filing 2 CIVIL COVER SHEET filed..(Egleston, Gregory) |
| Filing 1 COMPLAINT against Axsome Therapeutics, Inc., Mark Coleman, Mark Jacobson, Roger Jeffs, Kevin Laliberte, Cedric O'Gorman, Nick Pizzie, Mark Saad, Herriot Tabuteau. (Filing Fee $ 402.00, Receipt Number ANYSDC-27262521)Document filed by Kyle Guterba..(Egleston, Gregory) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
