Frascarelli v. Physicians Realty Trust et al
| Mark Frascarelli and John White |
| Physicians Realty Trust, John T. Thomas, Tommy G. Thompson, Stanton D. Anderson, Mark A. Baumgartner, Albert C. Black, Jr., Pamela J. Kessler, Ava E. Lias-Booker, Richard A. Weiss and William E. Ebinger |
| 1:2024cv00047 |
| January 4, 2024 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.
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| Filing 13 MEMO ENDORSEMENT on re: #12 Letter, filed by Mark Frascarelli, John White. ENDORSEMENT: GRANTED. The Court appreciates this notification. The briefing deadlines and the hearing scheduled for February 5, 2024 are hereby adjourned. If the case is fully settled, the Court directs the patties to file a notice of voluntary dismissal. (Signed by Judge Paul A. Engelmayer on 1/31/2024) (rro) |
| Filing 12 LETTER addressed to Judge Paul A. Engelmayer from Joshua E. Fruchter dated January 31, 2024 re: Mark Frascarelli et al. v. Physicians Realty Trust et al., Case No. 24-cv-00047-PAE. Document filed by Mark Frascarelli(Individually and on Behalf of All Others Similarly Situated), John White..(Fruchter, Joshua) |
| Filing 11 CERTIFICATE OF SERVICE of Order to Show Cause, Declaration and Exhibits, and Memorandum of Law served on Physicians Realty Trust and John T. Thomas on January 26, 2024. Document filed by Mark Frascarelli(Individually and on Behalf of All Others Similarly Situated), John White..(Fruchter, Joshua) |
Filing 10
ORDER TO SHOW CAUSE FOR (I) PRELIMINARY INJUNCTION AND (II) EXPEDITED DISCOVERY: NOW, THEREFORE, IT IS HEREBY: ORDERED, that the above named Defendants show cause before this Court in Courtroom 1305 of the United States District Court for the Southern District of New York at 500 Pearl Street, New York, NY 10007, on February 5, 2024 at 2 p.m. or as soon thereafter as counsel may be heard, why an order should not issue pursuant to Rule 65(a) of the Federal Rules of Civil Procedure granting a preliminary injunction enjoining the vote ("Stockholder Vote") by stockholders of Physicians Realty Trust ("PRT") scheduled for February 21, 2024, on the proposed merger ("Merger") between PRT and Healthpeak Properties, Inc., until five (5) days after PRT files supplemental disclosures with the Securities and Exchange Commission ("SEC") correcting certain alleged disclosure violations in the definitive proxy on Schedule 14A ("Proxy") filed by PRT with the SEC on January 11, 2024, to solicit PRT stockholders to vote in favor of the Merger; and it is further ORDERED, that Defendants shall serve and file opposing papers, if any, on or before January 31, 2024, at 5 p.m., 2024, and Plaintiff shall serve and file any reply papers on or before February 2, 2024, at 5 p.m.; and it is further ORDERED, that based upon paragraph 15 of the Declaration, service of this Order to Show Cause, and the Declaration and Memorandum of Law, via email today January 21, 2024, as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/26/2024) Show Cause Hearing set for 2/5/2024 at 02:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ks)
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| Filing 9 DECLARATION of Joshua E. Fruchter in Support re: #7 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Mark Frascarelli(Individually and on Behalf of All Others Similarly Situated), John White. (Attachments: #1 Exhibit Press Release, #2 Exhibit Proxy Excerpts, #3 Exhibit Order, #4 Exhibit Order, #5 Exhibit Brief).(Fruchter, Joshua) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause Without Emergency Relief, . Document filed by Mark Frascarelli(Individually and on Behalf of All Others Similarly Situated), John White..(Fruchter, Joshua) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Mark Frascarelli(Individually and on Behalf of All Others Similarly Situated), John White. Related Document Number: #5 ..(Fruchter, Joshua) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Set/Reset Deadlines: Responses due by 1/31/2024 Replies due by 2/2/2024. (ks) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (nd) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Physicians Realty Trust waiver sent on 1/24/2024, answer due 3/25/2024. Document filed by John White; Mark Frascarelli(Individually and on Behalf of All Others Similarly Situated)..(Fruchter, Joshua) |
| Filing 5 FIRST AMENDED COMPLAINT amending #1 Complaint, against Stanton D. Anderson, Mark A. Baumgartner, Albert C. Black, Jr., William E. Ebinger, Pamela J. Kessler, Ava E. Lias-Booker, Physicians Realty Trust, John T. Thomas, Tommy G. Thompson, Richard A. Weiss with JURY DEMAND.Document filed by John White, Mark Frascarelli(Individually and on Behalf of All Others Similarly Situated). Related document: #1 Complaint,. (Attachments: #1 Exhibit PSLRA Certification Frascarelli, #2 Exhibit PSLRA Certification White).(Fruchter, Joshua) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Mark Frascarelli, John White added. Party added pursuant to #1 Complaint,.Document filed by Mark Frascarelli, John White. Related document: #1 Complaint,..(Fruchter, Joshua) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Stanton D. Anderson, Mark A. Baumgartner, Albert C. Black, Jr., William E. Ebinger, Pamela J. Kessler, Ava E. Lias-Booker, Physicians Realty Trust, John T. Thomas, Tommy G. Thompson, Richard A. Weiss..(pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to PHYSICIANS REALTY TRUST, JOHN T. THOMAS, TOMMY G. THOMPSON, STANTON D. ANDERSON, MARK A. BAUMGARTNER, ALBERT C. BLACK, JR., PAMELA J. KESSLER, AVA E. LIAS-BOOKER, RICHARD A. WEISS, and WILLIAM E. EBINGER, re: #1 Complaint,. Document filed by Mark Frascarelli..(Fruchter, Joshua) |
| Filing 2 CIVIL COVER SHEET filed..(Fruchter, Joshua) |
| Filing 1 COMPLAINT against Stanton D. Anderson, Mark A. Baumgartner, Albert C. Black, Jr., William E. Ebinger, Pamela J. Kessler, Ava E. Lias-Booker, Physicians Realty Trust, John T. Thomas, Tommy G. Thompson, Richard A. Weiss. (Filing Fee $ 405.00, Receipt Number ANYSDC-28765490)Document filed by Mark Frascarelli..(Fruchter, Joshua) |
| Case Designated ECF. (pc) |
| Magistrate Judge Gary Stein 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) |
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