Jiang v. Avaya Holdings Corp. et al
Oliver Jiang |
Avaya Holdings Corp., James M. Chirico, Jr. and Kieran J. McGrath |
Tareq Salah, Samba Yarlagadda, Paul Sweatt, Vernon Darden, IUOE Stationary Engineers Local 39 Pension Trust Fund, Toby Krohn, James Jackson, City of Pittsburgh Comprehensive Municipal Pension Trust Fund and Carlos Villanueva |
Todd Sievers |
1:2023cv01258 |
February 14, 2023 |
US District Court for the Southern District of New York |
Paul G Gardephe |
Securities/Commodities |
Plaintiff |
Docket Report
This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 62 REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Appoint Paul Sweatt to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Paul Sweatt..(Tarnor, Nathaniel) |
Filing 61 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION to Appoint City of Pittsburgh Comprehensive Municipal Pension Trust Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by City of Pittsburgh Comprehensive Municipal Pension Trust Fund..(Rosenfeld, David) |
Filing 60 NOTICE of OF NON-OPPOSITION OF VERNON DARDEN TO COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF re: #22 MOTION to Appoint Counsel . MOTION to Appoint Vernon Darden to serve as lead plaintiff(s) .. Document filed by Vernon Darden..(Seidman, Joseph) |
Filing 59 STIPULATION AND ORDER EXTENDING TIME TO ANSWER, MOVE TO DISMISS, OR OTHERWISE RESPOND TO THE COMPLAINT: NOW, THEREFORE, the parties hereto, by and through their undersigned counsel ofrecord, subject to the approval of the Court, stipulate and agree, as follows: No Defendant shall be required to answer, move to dismiss, or otherwise respond to the original Complaint in this action [Document No. 1], and shall not waive any rights, arguments, or defenses by not answering, moving to dismiss, or otherwise responding to the original Complaint, except as set forth below. Within sixty (60) days after the Court enters an order appointing a lead plaintiff and approving the lead plaintiffs selection of lead counsel, counsel for the lead plaintiff shall file any amended complaint or give notice to Defendants electing to stand on the original Complaint. Within sixty (60) days after the lead plaintiff's filing of any amended complaint or giving notice to Defendants electing to stand on the original Complaint, Defendants shall move to dismiss or otherwise respond to the operative complaint. In the event that Defendants move to dismiss, the lead plaintiff's opposition shall be due sixty (60) days thereafter, and Defendants' replies shall be due forty-five (45) days thereafter. (Signed by Judge Paul G. Gardephe on 3/23/2023) (tro) Modified on 3/24/2023 (tro). |
Filing 58 NOTICE OF APPEARANCE by Minsuk Han on behalf of Kieran J. McGrath..(Han, Minsuk) |
Filing 57 NOTICE OF APPEARANCE by Reid Mason Figel on behalf of Kieran J. McGrath..(Figel, Reid) |
Filing 56 PROPOSED STIPULATION AND ORDER. Document filed by James M. Chirico, Jr..(Gorman, Thomas) |
Filing 55 NOTICE OF APPEARANCE by Thomas Orlo Gorman on behalf of James M. Chirico, Jr..(Gorman, Thomas) |
Filing 54 MEMORANDUM OF LAW in Opposition re: #40 MOTION to Appoint Carlos Villanueva to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #10 MOTION to Appoint Tareq Salah to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #17 MOTION to Appoint Todd Sievers to serve as lead plaintiff(s) and motion to appoint counsel., #31 MOTION to Appoint Toby Krohn and James Jackson to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #13 MOTION to Appoint Samba Yarlagadda to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #22 MOTION to Appoint Counsel . MOTION to Appoint Vernon Darden to serve as lead plaintiff(s) ., #19 MOTION to Appoint Paul Sweatt to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #27 MOTION to Appoint IUOE Stationary Engineers Local 39 Pension Trust Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by City of Pittsburgh Comprehensive Municipal Pension Trust Fund..(Rosenfeld, David) |
Filing 53 DECLARATION of Lucas E. Gilmore in Support re: #19 MOTION to Appoint Paul Sweatt to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Paul Sweatt. (Attachments: #1 Exhibit 1 - Historical Prices).(Tarnor, Nathaniel) |
Filing 52 RESPONSE in Support of Motion re: #19 MOTION to Appoint Paul Sweatt to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Paul Sweatt..(Tarnor, Nathaniel) |
Filing 51 NOTICE of Withdrawal of Carlos Villanueva's Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel and Statement in Support of the Motion of the City of Pittsburgh Comprehensive Municipal Pension Trust Fund re: #40 MOTION to Appoint Carlos Villanueva to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Carlos Villanueva..(Linkh, Gregory) |
Filing 50 NOTICE of Non-Opposition and Support of City of Pittsburgh Comprehensive Municipal Pension Trust Fund's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel re: #34 MOTION to Appoint City of Pittsburgh Comprehensive Municipal Pension Trust Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #27 MOTION to Appoint IUOE Stationary Engineers Local 39 Pension Trust Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by IUOE Stationary Engineers Local 39 Pension Trust Fund..(Schirripa, Frank) |
Filing 49 PROPOSED ORDER. Document filed by Samba Yarlagadda. Related Document Number: #48 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 48 MOTION to Withdraw #13 MOTION to Appoint Samba Yarlagadda to serve as lead plaintiff(s) . MOTION to Appoint Counsel . ., MOTION for Kim E. Miller to Withdraw as Attorney . Document filed by Samba Yarlagadda..(Miller, Kim) |
Filing 47 NOTICE of Non-Opposition to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel re: #31 MOTION to Appoint Toby Krohn and James Jackson to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by James Jackson, Toby Krohn..(Lieberman, Jeremy) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #49 Proposed Order was reviewed and approved as to form. (nd) |
Filing 46 NOTICE of Withdrawal of Motion to Appoint Lead Plaintiff and Approve Lead Plaintiff's Selection of Counsel re: #17 MOTION to Appoint Todd Sievers to serve as lead plaintiff(s) and motion to appoint counsel.. Document filed by Todd Sievers..(Kim, Phillip) |
Filing 45 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 6/1/2023 at 10:15 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 3/7/2023) (ks) |
Filing 44 NOTICE of Withdrawal of Motion re: #10 MOTION to Appoint Tareq Salah to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Tareq Salah..(Apton, Adam) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #26 Proposed Order was reviewed and approved as to form. (tp) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #18 Proposed Order was reviewed and approved as to form. (tp) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #30 Proposed Order was reviewed and approved as to form. (tp) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #16 Proposed Order was reviewed and approved as to form. (tp) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #32 Proposed Order was reviewed and approved as to form. (tp) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #43 Proposed Order was reviewed and approved as to form. (tp) |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #37 Proposed Order was reviewed and approved as to form. (tp) |
Filing 43 PROPOSED ORDER. Document filed by Carlos Villanueva. Related Document Number: #40 ..(Linkh, Gregory) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 42 DECLARATION of Gregory B. Linkh in Support re: #40 MOTION to Appoint Carlos Villanueva to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Carlos Villanueva. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certification of Movant, #3 Exhibit C - Movant Financial Interest Analysis, #4 Exhibit D - GPM Firm Resume).(Linkh, Gregory) |
Filing 41 MEMORANDUM OF LAW in Support re: #40 MOTION to Appoint Carlos Villanueva to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Carlos Villanueva..(Linkh, Gregory) |
Filing 40 MOTION to Appoint Carlos Villanueva to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Carlos Villanueva..(Linkh, Gregory) |
Filing 39 DECLARATION of Jeremy A. Lieberman in Support re: #31 MOTION to Appoint Toby Krohn and James Jackson to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by James Jackson, Toby Krohn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Lieberman, Jeremy) |
Filing 38 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by City of Pittsburgh Comprehensive Municipal Pension Trust Fund..(Rosenfeld, David) |
Filing 37 PROPOSED ORDER. Document filed by City of Pittsburgh Comprehensive Municipal Pension Trust Fund. Related Document Number: #34 ..(Rosenfeld, David) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 36 DECLARATION of David A. Rosenfeld in Support re: #34 MOTION to Appoint City of Pittsburgh Comprehensive Municipal Pension Trust Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by City of Pittsburgh Comprehensive Municipal Pension Trust Fund. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B -2/14/23 Notice, #3 Exhibit C - Certification, #4 Exhibit D - Estimate of losses).(Rosenfeld, David) |
Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Appoint City of Pittsburgh Comprehensive Municipal Pension Trust Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by City of Pittsburgh Comprehensive Municipal Pension Trust Fund..(Rosenfeld, David) |
Filing 34 MOTION to Appoint City of Pittsburgh Comprehensive Municipal Pension Trust Fund to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by City of Pittsburgh Comprehensive Municipal Pension Trust Fund..(Rosenfeld, David) |
Filing 33 MEMORANDUM OF LAW in Support re: #31 MOTION to Appoint Toby Krohn and James Jackson to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by James Jackson, Toby Krohn..(Lieberman, Jeremy) |
Filing 32 PROPOSED ORDER. Document filed by James Jackson, Toby Krohn. Related Document Number: #31 ..(Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 31 MOTION to Appoint Toby Krohn and James Jackson to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Toby Krohn, James Jackson..(Lieberman, Jeremy) |
Filing 30 PROPOSED ORDER. Document filed by IUOE Stationary Engineers Local 39 Pension Trust Fund. Related Document Number: #27 ..(Schirripa, Frank) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 29 DECLARATION of Frank R. Schirripa in Support re: #27 MOTION to Appoint IUOE Stationary Engineers Local 39 Pension Trust Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by IUOE Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Certification, #3 Exhibit C - Notice, #4 Exhibit D - HRS&C Firm Resume).(Schirripa, Frank) |
Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Appoint IUOE Stationary Engineers Local 39 Pension Trust Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by IUOE Stationary Engineers Local 39 Pension Trust Fund..(Schirripa, Frank) |
Filing 27 MOTION to Appoint IUOE Stationary Engineers Local 39 Pension Trust Fund to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by IUOE Stationary Engineers Local 39 Pension Trust Fund..(Schirripa, Frank) |
Filing 26 PROPOSED ORDER. Document filed by Paul Sweatt. Related Document Number: #19 ..(Tarnor, Nathaniel) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 25 DECLARATION of Lucas E. Gilmore in Support re: #19 MOTION to Appoint Paul Sweatt to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Paul Sweatt. (Attachments: #1 Exhibit A - Movant's Certification, #2 Exhibit B - Movant's Loss Chart, #3 Exhibit C - Fletcher Notice of Pendency, #4 Exhibit D - Hagens Berman Firm Resume, #5 Exhibit E - Movant's Declaration, #6 Exhibit F - SLF Firm Resume, #7 Exhibit G - Fletcher Complaint, #8 Exhibit H - Jiang Notice of Pendency, #9 Exhibit I - Fletcher Notice of Dismissal, #10 Exhibit J - Fletcher Docket).(Tarnor, Nathaniel) |
Filing 24 DECLARATION of Joseph R. Seidman, Jr., Esq. in Support re: #22 MOTION to Appoint Counsel . MOTION to Appoint Vernon Darden to serve as lead plaintiff(s) .. Document filed by Vernon Darden. (Attachments: #1 Exhibit PSLRA Press Releases, #2 Exhibit Darden Certification, #3 Exhibit Loss Chart, #4 Exhibit Firm Resume).(Seidman, Joseph) |
Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Appoint Counsel . MOTION to Appoint Vernon Darden to serve as lead plaintiff(s) . . Document filed by Vernon Darden..(Seidman, Joseph) |
Filing 22 MOTION to Appoint Counsel ., MOTION to Appoint Vernon Darden to serve as lead plaintiff(s) . Document filed by Vernon Darden. (Attachments: #1 Text of Proposed Order Proposed Order).(Seidman, Joseph) |
Filing 21 MEMORANDUM OF LAW in Support re: #17 MOTION to Appoint Todd Sievers to serve as lead plaintiff(s) and motion to appoint counsel. . Document filed by Todd Sievers. (Attachments: #1 Exhibit 1. PSLRA Notice, #2 Exhibit 2. PSLRA Certification, #3 Exhibit 3. Loss Chart, #4 Exhibit 4. Rosen Law Firm Resume).(Kim, Phillip) |
Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Appoint Paul Sweatt to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Paul Sweatt..(Tarnor, Nathaniel) |
Filing 19 MOTION to Appoint Paul Sweatt to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Paul Sweatt..(Tarnor, Nathaniel) |
Filing 18 PROPOSED ORDER. Document filed by Todd Sievers. Related Document Number: #17 ..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 17 MOTION to Appoint Todd Sievers to serve as lead plaintiff(s) and motion to appoint counsel. Document filed by Todd Sievers..(Kim, Phillip) |
Filing 16 PROPOSED ORDER. Document filed by Samba Yarlagadda. Related Document Number: #13 ..(Miller, Kim) Proposed Order to be reviewed by Clerk's Office staff. |
Filing 15 DECLARATION of Kim E. Miller in Support re: #13 MOTION to Appoint Samba Yarlagadda to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Samba Yarlagadda. (Attachments: #1 Exhibit A - PSLRA Certification, #2 Exhibit B - Loss Chart, #3 Exhibit C - Statutory Notice, #4 Exhibit D - Yarlagadda Declaration, #5 Exhibit E - KSF Resume).(Miller, Kim) |
Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Appoint Samba Yarlagadda to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Samba Yarlagadda..(Miller, Kim) |
Filing 13 MOTION to Appoint Samba Yarlagadda to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Samba Yarlagadda..(Miller, Kim) |
Filing 12 DECLARATION of Adam M. Apton in Support re: #10 MOTION to Appoint Tareq Salah to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Tareq Salah. (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 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Appoint Tareq Salah to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Tareq Salah..(Apton, Adam) |
Filing 10 MOTION to Appoint Tareq Salah to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Tareq Salah. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Motion).(Apton, Adam) |
Filing 9 AFFIDAVIT OF SERVICE. James M. Chirico, Jr served on 3/1/2023, answer due 3/22/2023. Service was accepted by James M. Chirico, Jr., Personally. Document filed by Oliver Jiang..(Blasy, Mary) |
Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Kieran J. McGrath waiver sent on 2/16/2023, answer due 4/17/2023. Document filed by Kieran J. McGrath..(Blasy, Mary) |
Filing 7 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT AVAYA HOLDINGS CORP. ONLY WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i): NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), plaintiff Oliver Jiang hereby voluntarily dismisses the above-captioned action, without prejudice, as to defendant Avaya Holdings Corp. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/24/2023) Avaya Holdings Corp. terminated. (ks) |
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #6 Notice of Voluntary Dismissal, was reviewed and referred to Judge Paul G. Gardephe for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
Filing 6 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Avaya Holdings Corp.. Document filed by Oliver Jiang. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Blasy, Mary) |
Filing 5 ELECTRONIC SUMMONS ISSUED as to Avaya Holdings Corp., James M. Chirico, Jr, Kieran J. McGrath..(jgo) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Samuel Howard Rudman. The party information for the following party/parties has been modified: Oliver Jiang. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
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..(jgo) |
Magistrate Judge Sarah L. Cave 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. (jgo) |
Case Designated ECF. (jgo) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Avaya Holdings Corp., James M. Chirico, Jr., and Kieran J. McGrath, re: #1 Complaint. Document filed by Oliver Jiang..(Rudman, Samuel) |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Oliver Jiang..(Rudman, Samuel) |
Filing 2 CIVIL COVER SHEET filed..(Rudman, Samuel) |
Filing 1 COMPLAINT against Avaya Holdings Corp., James M. Chirico, Jr, Kieran J. McGrath. (Filing Fee $ 402.00, Receipt Number ANYSDC-27343540)Document filed by Oliver Jiang..(Rudman, Samuel) |
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