Buch v. Asuncion Aramburuzabala Larregui et al
| Cathy Buch |
| Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer and Coty Inc. |
| 1:2023cv08854 |
| October 9, 2023 |
| US District Court for the Southern District of New York |
| Dale E Ho |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 46 AMENDED COMPLAINT amending #1 Complaint, against Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Coty Inc., Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer with JURY DEMAND.Document filed by Cathy Buch. Related document: #1 Complaint,. (Attachments: #1 Exhibit Redline of Amended Complaint compared to original Complaint).(Gershon, A.) |
Filing 45
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by December 1, 2023. Any amended complaint should be filed with a redline showing all differences between the original and revised filing. Plaintiff will not be given any further opportunity to amend the Complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by December 22, 2023, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that they rely on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendants file a new motion to dismiss or indicates that they rely on their previously filed motion to dismiss, any opposition shall be filed by January 12, 2024, and any reply shall be filed by January 19, 2024. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by December 1, 2023. Defendants' reply, if any, shall be filed by December 8, 2023. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for November 29, 2023, and the requirement to file a joint status letter in advance of the conference is ADJOURNED, sine die. SO ORDERED. (Signed by Judge Dale E Ho on 11/9/2023) ( Amended Pleadings due by 12/1/2023., Motions due by 12/22/2023., Responses due by 1/12/2024, Replies due by 1/19/2024.) (ks)
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| Filing 44 DECLARATION of Scott D. Musoff in Support re: #42 MOTION to Dismiss .. Document filed by Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Coty Inc., Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer. (Attachments: #1 Exhibit A - Schedule 14A of Coty Inc., dated September 21, 2023, #2 Exhibit B - Form 8-K of Coty Inc., dated May 4, 2023, #3 Exhibit C - Form 8-K of Coty Inc., dated July 1, 2020, #4 Exhibit D - Schedule 14A of Coty Inc., dated September 23, 2021, #5 Exhibit E - Schedule 14A of Coty Inc., dated September 21, 2022, #6 Exhibit F - Exhibit 3.1 to Form 10-K of Coty Inc., dated August 22, 2023, #7 Exhibit G - Form 8-K of Coty Inc., dated November 10, 2021).(Musoff, Scott) |
| Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss . . Document filed by Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Coty Inc., Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer..(Musoff, Scott) |
| Filing 42 MOTION to Dismiss . Document filed by Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Coty Inc., Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer..(Musoff, Scott) |
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Filing 41
ORDER denying #7 Letter Motion to Expedite. Application DENIED. Because Defendants have not yet moved to dismiss the Complaint, the automatic stay described in 15 U.S.C. 78u-4(b)(3)(B) does not apply. Plaintiff's request for discovery is governed by Rule 26(d), which allows for discovery prior to conferral as required by Rule 26(f) "by stipulation[] or by court order." Fed. R. Civ. P. 26(d)(1). "When determining whether to grant expedited discovery, courts in this District apply a flexible standard of reasonableness and good cause." SingularDTV, GmbH v. Doe, 637 F. Supp. 3d 38, 42 (S.D.N.Y. 2022) (internal quotation marks and ellipses omitted). "This test requires a district court to examine the request on the entirety of the record to date and the reasonableness of the request in light of all the surrounding circumstances." In re Keurig Green Mountain Single-serve Coffee Antitrust Litig., No. 14 Misc. 2542, 2014 WL 12959675, at *1 (S.D.N.Y. July 23, 2014) (internal quotation marks omitted). Plaintiff does not establish good cause or reasonableness in her request. Plaintiff does not seek preliminary injunctive relief, a common basis for granting expedited discovery, see id. at *2, and almost one month passed between the release of the proxy statement on September 21 and Plaintiff's request for relief on October 18. Defendants' anticipated motion to dismiss, which would operate to automatically stay all discovery, and the concerns animating the PSLRA, namely, perceived abuses of securities class actions to obtain settlements, see In re Kingate Mgmt. Ltd. Litig., 784 F.3d 128, 138 (2d Cir. 2015), further counsel against granting expedited discovery. Koppel v. 4987 Corp., 167 F.3d 125 (2d Cir. 1999), on which Plaintiff relies, does not require a different result. There, the panel only noted in dicta that courts generally favor injunctive relief over damages for violations of proxy rules, in part to encourage securities plaintiffs to allow corporations to remedy any defects in a proxy statement before a shareholder vote. Id. at 137-38. Defendants are aware of Plaintiff's claims and represent that they "are not interested in settlement discussions at this stage," Dkt. No. 38, at 2, making Koppel inapposite. So Ordered. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 7. (Signed by Judge Dale E Ho on 10/25/23) (yv)
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| Filing 40 RESPONSE in Support of Motion re: #7 LETTER MOTION to Expedite Schedule of Discovery in Aid of Considering the Possibilities of Promptly Settling or Resolving the Case and Lift the Stay of Discovery under 15 U.S.C. 78u-4(b)(3)(B) on the Grounds of Undue Prejudice addresse . Document filed by Cathy Buch..(Gershon, A.) |
| Filing 39 LETTER addressed to Judge Dale E. Ho from A. Arnold Gershon dated October 24, 2023 re: Reply in Support of Letter Motion. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 38 LETTER addressed to Judge Dale E. Ho from Scott D. Musoff dated October 23, 2023 re: Response to Plaintiff's Letter, ECF 7. Document filed by Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Coty Inc., Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer..(Musoff, Scott) |
| Filing 37 AFFIDAVIT OF SERVICE of Order (Docket No. 8) served on Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer and Coty Inc. on October 18, 2023. Service was accepted by Paul J. Lockwood, Scott Musoff, Lauren Aguiar, and Thomas Allen of Skadden Arps. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent No Corporate Parent, Other Affiliate JAB Holdings, B.V., for Coty Inc.. Document filed by Coty Inc...(Musoff, Scott) |
| Filing 35 NOTICE OF APPEARANCE by Thomas Francis Allen on behalf of Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Coty Inc., Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer..(Allen, Thomas) |
| Filing 34 NOTICE OF APPEARANCE by Lauren Emily Aguiar on behalf of Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Coty Inc., Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer..(Aguiar, Lauren) |
| Filing 33 NOTICE OF APPEARANCE by Scott D. Musoff on behalf of Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Coty Inc., Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer..(Musoff, Scott) |
| Filing 32 AFFIDAVIT OF SERVICE of Letter Motion served on Robert Singer on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 31 AFFIDAVIT OF SERVICE of Letter Motion served on Lubomira Rochet on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 30 AFFIDAVIT OF SERVICE of Letter Motion served on Isabelle Parize on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 29 AFFIDAVIT OF SERVICE of Letter Motion served on Sue Nabi on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 28 AFFIDAVIT OF SERVICE of Letter Motion served on Anna Adeola Makanju on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 27 AFFIDAVIT OF SERVICE of Letter Motion served on Johannes P. Huth on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 26 AFFIDAVIT OF SERVICE of Letter Motion served on Peter Harf on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 25 AFFIDAVIT OF SERVICE of Letter Motion served on Olivier Goudet on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 24 AFFIDAVIT OF SERVICE of Letter Motion served on Joachim Creus on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 23 AFFIDAVIT OF SERVICE of Letter Motion served on Beatrice Ballini on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 22 AFFIDAVIT OF SERVICE of Letter Motion served on Maria Asuncion Aramburuzabala Larregui on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 21 AFFIDAVIT OF SERVICE of Letter Motion served on Coty, Inc. on 10/18/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint,. Robert Singer served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint,. Lubomira Rochet served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,. Isabelle Parize served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,. Sue Nabi served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. Anna Adeola Makanju served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,. Johannes P. Huth served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Peter Harf served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. Olivier Goudet served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Joachim Creus served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,. Beatrice Ballini served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. Maria Asuncion Aramburuzabala Larregui served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,. Coty Inc. served on 10/18/2023, answer due 11/8/2023. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Cathy Buch..(Gershon, A.) |
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Filing 8
ORDER with respect to #7 Letter Motion to Expedite. Defendants may file a response, not to exceed three pages, by October 23, 2023. Plaintiff shall serve this order on Defendants and file proof of service on ECF as soon as practicable and no later than October 19, 2023. So Ordered. (Signed by Judge Dale E Ho on 10/18/2023) (mml)
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| Filing 7 LETTER MOTION to Expedite Schedule of Discovery in Aid of Considering the Possibilities of Promptly Settling or Resolving the Case and Lift the Stay of Discovery under 15 U.S.C. 78u-4(b)(3)(B) on the Grounds of Undue Prejudice addressed to Judge Dale E. Ho from A. Arnold Gershon dated October 17, 2023. Document filed by Cathy Buch..(Gershon, A.) |
| Set/Reset Deadlines: Responses due by 10/23/2023. (mml) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Coty Inc., Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer..(pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer and Coty Inc., re: #1 Complaint,. Document filed by Cathy Buch..(Gershon, A.) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on November 29, 2023 at 11:30 A.M. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 351 474 997, followed by the pound (#) sign, as further set forth herein. Initial Conference set for 11/29/2023 at 11:30 AM before Judge Dale E Ho. (Signed by Judge Dale E Ho on 11/11/2023) (mml)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney A. Arnold Gershon to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant's as to whom the summons request is for must be listed in the docket entry. 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. (sj) |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to All Defendants, re: #1 Complaint. Document filed by Cathy Buch..(Gershon, A.) Modified on 10/11/2023 (sj). |
| Filing 2 CIVIL COVER SHEET filed..(Gershon, A.) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E Ho. 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..(pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney A. Arnold Gershon to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| Case Designated ECF. (pc) |
| Filing 1 COMPLAINT against Maria Asuncion Aramburuzabala Larregui, Beatrice Ballini, Coty Inc., Joachim Creus, Olivier Goudet, Peter Harf, Johannes P. Huth, Anna Adeola Makanju, Sue Nabi, Isabelle Parize, Lubomira Rochet, Robert Singer. (Filing Fee $ 402.00, Receipt Number ANYSDC-28397526)Document filed by Cathy Buch. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Gershon, A.) |
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