Wakefield v. Ricci et al
| Darren Wakefield |
| Jonathan Ricci, Charles L. Jemley, Travis Boersma, Shelley Broader, Thomas Davis, Charles Esserman, Kathryn George, Stephen Gillett and Blythe Jack |
| Dutch Bros Inc. |
| 1:2023cv05653 |
| June 30, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Securities/Commodities |
| Plaintiff |
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Filing 8
AMENDED JOINT STIPULATION AND ORDER REGARDING CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT OF CO-LEAD COUNSEL, SERVICE, AND SCHEDULE: IT IS ACCORDINGLY STIPULATED AND AGREED, by and between the Parties through their authorized attorneys, as follows: Pursuant to Federal Rule of Civil Procedure 4(d), Defendants agree to waive service of the complaints filed in the Derivative Actions, to the extent they have not already been served; however, Defendants do not waive and expressly reserve all rights, claims, and defenses, including, but not limited to, all jurisdictional defenses, other than any objections to the sufficiency of service of the complaints filed in the Derivative Actions. The following actions (the "Related Derivative Actions") are hereby consolidated for all purposes, including pre-trial proceedings and trial, under Case No. 1:23-cv-050 1O (the "Consolidated Derivative Action"); and further set forth in this Order. All papers filed in connection with the Consolidated Derivative Action will be maintained in one file under Lead Case No. 1:23-cv-05010-PAE and all papers and documents previously filed and/or served in the Derivative Actions shall be deemed a part of the record in the Consolidated Derivative Action. IT IS SO ORDERED. Motions terminated: (5 in 1:23-cv-06186-PAE) LETTER MOTION to Consolidate Cases 1:23-cv-05010-PAE, 1:23-cv-05653-PAE, and 1:23-cv-06186-PAE , Appoint Co-Lead Counsel, Address Service of Process, and Set Deadline for Schedule addressed to Judge Paul A. Engelmayer from Timothy J. MacFal filed by Amanda Boster, (7 in 1:23-cv-05653-PAE) LETTER MOTION to Consolidate Cases 1:23-cv-05010-PAE, 1:23-cv-05653-PAE, and 1:23-cv-06186-PAE , Appoint Co-Lead Counsel, Address Service of Process, and Set Deadline for Schedule addressed to Judge Paul A. Engelmayer from Timothy J. MacFal filed by Darren Wakefield, (9 in 1:23-cv-05010-PAE) LETTER MOTION to Consolidate Cases 1:23-cv-05010-PAE, 1:23-cv-05653-PAE, and 1:23-cv-06186-PAE , Appoint Co-Lead Counsel, Address Service of Process, and Set Deadline for Schedule addressed to Judge Paul A. Engelmayer from Timothy J. MacFal filed by Brennan Hudson. (Signed by Judge Paul A. Engelmayer on 7/27/2023) Filed In Associated Cases: 1:23-cv-05010-PAE, 1:23-cv-05653-PAE, 1:23-cv-06186-PAE (rro)
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| Filing 7 LETTER MOTION to Consolidate Cases 1:23-cv-05010-PAE, 1:23-cv-05653-PAE, and 1:23-cv-06186-PAE , Appoint Co-Lead Counsel, Address Service of Process, and Set Deadline for Schedule addressed to Judge Paul A. Engelmayer from Timothy J. MacFall dated July 27, 2023. Document filed by Darren Wakefield. (Attachments: #1 Proposed Order (Amended Joint Stipulation and [Proposed] Order), #2 Exhibit A to Amended Joint Stipulation, #3 Exhibit B to Amended Joint Stipulation).(MacFall, Timothy) |
| CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-05010-PAE.. (rro) |
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Filing 6
ORDER: Pending before the Court are (1) motions to appoint lead plaintiffs and class counsel in Peacock v. Dutch Bros, Inc., see No. 23 Civ. 1794, Dkts. 12-26; and (2) a motion to consolidate cases 23 Civ. 5010, Hudson v. Ricci, and 23 Civ. 5653, Wakefield v. Ricci. See No. 23 Civ. 5010, Dkt. 7. The Court is mindful that the four above-captioned cases appear to arise out of the same alleged misstatements and omissions relating to the financial health of Dutch Bros, Inc. In the interest of efficiency, the Court, before resolving the motion in Peacock, seeks clarification whether any party will seek to consolidate Peacock with the other, above- cited cases and, if so, whether any party intends to propose an alternative lead plaintiff and/or lead counsel for the consolidated cases. The Court directs that plaintiffs file, no later than July 26, 2023, a joint letter addressing these points. The Clerk of Court is respectfully directed to file this order in each case captioned above. (Signed by Judge Paul A. Engelmayer on 7/24/2023) (rro)
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| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (sgz) |
| 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. (sgz) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-05010-PAE. Notice of Assignment to follow. (sgz) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Travis Boersma, Shelley Broader, Thomas Davis, Dutch Bros Inc., Charles Esserman, Kathryn George, Stephen Gillett, Blythe Jack, Charles L. Jemley, Jonathan Ricci..(gp) |
| CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 1:23-cv-5010. (gp) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan Ricci, Charles L. Jemley, Travis Boersma, Shelley Broader, Thomas Davis, Charles Esserman, Kathryn George, Stephen Gillett, Blythe Jack, and Dutch Bros Inc., re: #1 Complaint,. Document filed by Darren Wakefield..(Kim, Phillip) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:23-cv-05010 (PAE). Document filed by Darren Wakefield..(Kim, Phillip) |
| Filing 2 CIVIL COVER SHEET filed..(Kim, Phillip) |
| Filing 1 COMPLAINT against Travis Boersma, Shelley Broader, Thomas Davis, Dutch Bros Inc., Charles Esserman, Kathryn George, Stephen Gillett, Blythe Jack, Charles L. Jemley, Jonathan Ricci. (Filing Fee $ 402.00, Receipt Number ANYSDC-27950894)Document filed by Darren Wakefield..(Kim, Phillip) |
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