Waterford Township Police & Fire Retirement System v. National Instruments Corporation et al
| Waterford Township Police & Fire Retirement System |
| National Instruments Corporation, Emerson Electric Co., Eric Starkloff, Karen Rapp and Daniel Berenbaum |
| 1:2023cv10488 |
| November 30, 2023 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Securities/Commodities |
| Plaintiff |
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Filing 16
JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for Plaintiff and Defendants as follows: 1. The undersigned counsel for Defendants are authorized to and hereby acknowledge service of the summons and the Complaint in this action on behalf of all Defendants, provided, however, that acknowledgment of service and entry into this stipulation shall not waive or prejudice any, and Defendants expressively preserve all rights, claims, and defenses, including, but not limited to, all defenses relating to jurisdiction and venue, except a defense as to the sufficiency of service of the summons and complaint and the form of the summons. 2. Defendants shall have no obligation to answer or otherwise respond to, and each hereby is expressly relieved from answering or otherwise responding to, the Complaint, pending a further Order of the Court. 4. The parties' obligations to serve initial disclosures pursuant to Fed. R. Civ. P. 26(a), and the parties' obligations to confer regarding case management and the development of a discovery plan and to submit a written report to the Court pursuant to Fed. R. Civ. P. 26(f), shall be stayed pending the 2/16/24 conference. 5. There have been no requests for an extension of time previously made in this matter. 6. Nothing in this stipulation shall prevent any party from moving to coordinate and/or consolidate this action with any related case, nor shall anything herein prevent any party from seeking additional time from the other parties and/or the Court with respect to any of the deadlines set forth above. So Ordered. (Signed by Judge Denise L. Cote on 1/2/2024) (vfr)
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| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Emerson Electric Co., National Instruments Corporation..(Ditchfield, Andrew) |
| Filing 14 NOTICE OF APPEARANCE by Andrew Ditchfield on behalf of Emerson Electric Co., National Instruments Corporation..(Ditchfield, Andrew) |
| Filing 13 AFFIDAVIT OF SERVICE of Order (ECF No. 7) served on Eric Starkloff on 12/7/2023. Service was accepted by Michelle Starkloff. Document filed by Waterford Township Police & Fire Retirement System..(Rudman, Samuel) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Eric Starkloff served on 12/7/2023, answer due 12/28/2023. Service was accepted by Michelle Starkloff. Document filed by Waterford Township Police & Fire Retirement System..(Rudman, Samuel) |
| Filing 11 AFFIDAVIT OF SERVICE of Order (ECF No. 7) served on Emerson Electric Co. on 12/6/2023. Service was accepted by Angela Alvarado, Senior Litigation Administrator. Document filed by Waterford Township Police & Fire Retirement System..(Rudman, Samuel) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. Emerson Electric Co. served on 12/6/2023, answer due 12/27/2023. Service was accepted by Angela Alvarado, Senior Litigation Administrator. Document filed by Waterford Township Police & Fire Retirement System..(Rudman, Samuel) |
| Filing 9 AFFIDAVIT OF SERVICE of Order (ECF No. 7) served on National Instruments Corporation on 12/6/2023. Service was accepted by Lynanne Gares, Service of Process Intake Clerk. Document filed by Waterford Township Police & Fire Retirement System..(Rudman, Samuel) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. National Instruments Corporation served on 12/6/2023, answer due 12/27/2023. Service was accepted by Lynanne Gares, Service of Process Intake Clerk. Document filed by Waterford Township Police & Fire Retirement System..(Rudman, Samuel) |
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Filing 7
ORDER: Plaintiff's counsel appears to have published the required notice on November 30, 2023. Members of the purported class therefore have until January 29, 2024, to move the Court to serve as lead plaintiffs. Accordingly, it is hereby ORDERED that a conference shall be held at 10:00 AM on February 16, 2024, in Courtroom 18B, United States Courthouse, 500 Pearl Street, New York, New York to consider any motions for appointment of lead plaintiff and lead counsel and for consolidation. IT IS FURTHER ORDERED that opposition to any motion for appointment of lead plaintiff shall be served and filed by February 9, 2024. IT IS FURTHER ORDERED that the named plaintiff shall promptly serve a copy of this Order on each of the defendants. (As further set forth in this Order.) ( Motions due by 1/29/2024., Responses due by 2/9/2024, Status Conference set for 2/16/2024 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 12/4/2023) (vfr)
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| Filing 6 NOTICE OF APPEARANCE by Mario Alba, Jr on behalf of Waterford Township Police & Fire Retirement System..(Alba, Mario) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Daniel Berenbaum, Emerson Electric Co., National Instruments Corporation, Karen Rapp, Eric Starkloff..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Samuel Howard Rudman. The party information for the following party/parties has been modified: Waterford Township Police & Fire Retirement System. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| Magistrate Judge Ona T. Wang 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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) |
| Case Designated ECF. (jgo) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to National Instruments Corporation, Emerson Electric Co., Eric Starkloff, Karen Rapp, and Daniel Berenbaum, re: #1 Complaint,. Document filed by Waterford Township Police & Fire Retirement System..(Rudman, Samuel) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Waterford Township Police & Fire Retirement System..(Rudman, Samuel) |
| Filing 2 CIVIL COVER SHEET filed..(Rudman, Samuel) |
| Filing 1 COMPLAINT against Daniel Berenbaum, Emerson Electric Co., National Instruments Corporation, Karen Rapp, Eric Starkloff. (Filing Fee $ 402.00, Receipt Number ANYSDC-28634151)Document filed by Waterford Township Police & Fire Retirement System..(Rudman, Samuel) |
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