Kain et al v. Tetrault et al
| Marino Kain, Wayne Kerris and Perry Russell |
| Lynn Tetrault, Alison Hannah, Bruce Crowther, Michael Kelly, Stephen Kanovsky, David Perez, Rachel Stahler, Douglas Vanoort, Mark Mallon, Kathryn Mckenzie, William Bonello and NeoGenomics, Inc. |
| 1:2023cv10337 |
| November 27, 2023 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Stockholders Suits |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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Filing 4
STIPULATION AND ORDER TO STAY DERIVATIVE ACTION: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED and, subject tothe approval of the Court, ORDERED THAT:1. The Derivative Action, including but not limited to all motion practice, obligations to respond to the operative complaint, and all discovery and disclosure obligations under the applicable rules, are hereby stayed until thirty (30) days after: (a) the motion to dismiss the Securities Action is decided in whole or in part or (b) either of the Parties to this Stipulation gives thirty (30) days notice that they no longer consent to the voluntary stay of the Derivative Action.2. If this stay of proceedings expires pursuant to Paragraph 1 above, the Parties shall, within fifteen (15) days after the expiration of the stay, meet and confer and submit a proposed scheduling order governing further proceedings in the Derivative Action, including the date bywhich all defendants must answer, move, or otherwise respond to the operative complaint in theDerivative Action. Nothing in this Stipulation shall prevent or prejudice any defendant from moving for a continued stay of proceedings. Further, nothing in this Stipulation shall prejudice Plaintiffs from opposing such motion. As further set forth by this Order. 5. The Parties agree that notwithstanding the stay of this Derivative Action, Plaintiffs may file an amended complaint; however, defendants need not answer or otherwise respond to the Complaint or to any other complaint or amended complaint that is filed in or consolidated with the above-captioned action during the pendency of this stay. IT IS SO ORDERED. Case stayed. (Signed by Judge Jessica G. L. Clarke on 12/21/2023) (tg)
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| Filing 3 PROPOSED STIPULATION AND ORDER. Document filed by Marino Kain, Wayne Kerris, Perry Russell..(Egleston, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory M. Egleston. The party information for the following party/parties has been modified: Perry Russell, Wayne Kerris, Marino Kain, NeoGenomics, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc) |
| ***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: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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 Gabriel W. Gorenstein is designated to handle matters that may be referred in this case. 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) |
| Filing 2 CIVIL COVER SHEET filed..(Egleston, Gregory) |
| Filing 1 COMPLAINT against William Bonello, Bruce Crowther, Alison Hannah, Stephen Kanovsky, Michael Kelly, Mark Mallon, Kathryn Mckenzie, NeoGenomics, Inc., David Perez, Rachel Stahler, Lynn Tetrault, Douglas Vanoort. (Filing Fee $ 402.00, Receipt Number ANYSDC-28614134)Document filed by Perry Russell, Wayne Kerris, Marino Kain..(Egleston, Gregory) |
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