Adriano Ladewig v. BioNTech SE et al
| Docdeer Foundation, Xia Rongpeng and Adriano Ladewig |
| Ugur Sahin, BioNTech SE and Jens Holstein |
| 1:2024cv05310 |
| July 15, 2024 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
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| Filing 43 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:24-cv-00337. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge Robert W. Lehrburger 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Katherine Polk Failla. 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..(vba) |
| Case Designated ECF. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
Filing 42
ORDER TO TRANSFER VENUE AND MODIFY SCHEDULE FOR BRIEFING DEFENDANTS' MOTION TO DISMISS by Judge Dolly M. Gee: Upon consideration of the parties' Stipulation #41 , IT IS HEREBY ORDERED that this action shall be, and hereby is, transferred to the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. Section 1404(a). Defendants shall answer, move, or otherwise respond to the Amended Complaint no later than 60 days after the date in which the U.S. District Court for the Southern District of New York dockets and assigns this case. Should Defendants move to dismiss the Amended Complaint, Plaintiffs shall file any opposition no later than 45 days after Defendants file their motion. Defendants shall file any reply in further support of their motion to dismiss no later than 45 days after Plaintiffs file their opposition. Case electronically transferred. (MD JS-6. Case Terminated.) (gk) [Transferred from California Central on 7/15/2024.]
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| Filing 41 STIPULATION to Transfer Case to the Southern District of New York and Modify Schedule for Briefing Defendants' Motion to Dismiss filed by Defendants BioNTech SE, Jens Holstein, Ugur Sahin. (Attachments: #1 Proposed Order)(Vanyo, Bruce) [Transferred from California Central on 7/15/2024.] |
| Filing 40 FIRST AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Xia Rongpeng, Docdeer Foundation(Attorney Adam Marc Apton added to party Xia Rongpeng(pty:mov))(Apton, Adam) [Transferred from California Central on 7/15/2024.] |
| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Brian O'Connell counsel for Movant Xia Rongpeng. Adding Brian P. O'Connell as counsel of record for Xia Rongpeng for the reason indicated in the G-123 Notice. Filed by Plaintiff Xia Rongpeng. (Attorney Brian O'Connell added to party Xia Rongpeng(pty:mov))(O'Connell, Brian) [Transferred from California Central on 7/15/2024.] |
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Filing 38
ORDER ON JOINT STIPULATION RE SCHEDULE FOR AMENDED COMPLAINT AND MOTION TO DISMISS DEADLINES by Judge Dolly M. Gee: Upon consideration of the parties' Stipulation #37 , IT IS HEREBY ORDERED THAT: Lead Plaintiff shall file a consolidated amended complaint no later than 6/10/2024. Defendants shall answer, move against, or otherwise respond to the amended complaint on or before 8/9/2024. The hearing on any motion to dismiss shall be set for a date no earlier than 11/22/2024 at 9:30 AM. (gk) [Transferred from California Central on 7/15/2024.]
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| Filing 37 STIPULATION for Extension of Time to File Amended Complaint and Responsive Briefing Schedule filed by Lead Plaintiff Docdeer Foundation. (Attachments: #1 Proposed Order)(Apton, Adam) [Transferred from California Central on 7/15/2024.] |
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Filing 36
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION FOR APPOINTMENT OF LEAD PLAINTIFF THE DOCDEER FOUNDATION AND COUNSEL AND DENYING MOTIONS FOR APPOINTMENT OF LEAD PLAINTIFFS ORANEE DANIELS AND XIA RONGPENG AS MOOT by Judge Dolly M. Gee: The Court GRANTS Docdeer Foundation's motion to be appointed as lead plaintiff #11 and DENIES AS MOOT Oranee Daniels' #15 and Xia Rongpeng's Motions #19 . The Court APPOINTS the Docdeer Foundation as lead plaintiff and Levi & Korsinksy LLP as lead counsel. The 4/12/2024 hearing on the motions is VACATED. Court Reporter: Not Reported. (gk) [Transferred from California Central on 7/15/2024.]
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| Filing 35 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adriano Ladewig. upon Jens Holstein waiver sent by Plaintiff on 3/29/2024, answer due 5/28/2024. Waiver of Service signed by Christina L. Costley. (Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 34 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adriano Ladewig. upon Ugur Sahin waiver sent by Plaintiff on 3/29/2024, answer due 5/28/2024. Waiver of Service signed by Christina L. Costley. (Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 33 WAIVER OF SERVICE Returned Executed filed by Plaintiff Adriano Ladewig. upon BioNTech SE waiver sent by Plaintiff on 3/29/2024, answer due 5/28/2024. Waiver of Service signed by Christina L. Costley. (Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 32 Notice Waive Oral Argument per L.R. 7-15 filed by Lead Plaintiff Movant Docdeer Foundation. (Apton, Adam) [Transferred from California Central on 7/15/2024.] |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Adam Marc Apton counsel for Movant Docdeer Foundation. Adam C. McCall is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Lead Plaintiff Movant Docdeer Foundation. (Apton, Adam) [Transferred from California Central on 7/15/2024.] |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Satoshi Yong counsel for Defendants BioNTech SE, Jens Holstein, Ugur Sahin. Adding Paul Satoshi Yong as counsel of record for BioNTech SE, Ugur Sahin, and Jens Holstein for the reason indicated in the G-123 Notice. Filed by defendants BioNTech SE, Ugur Sahin, Jens Holstein. (Attorney Paul Satoshi Yong added to party BioNTech SE(pty:dft), Attorney Paul Satoshi Yong added to party Jens Holstein(pty:dft), Attorney Paul Satoshi Yong added to party Ugur Sahin(pty:dft))(Yong, Paul) [Transferred from California Central on 7/15/2024.] |
| Filing 29 CORPORATE DISCLOSURE STATEMENT filed by Defendants BioNTech SE, Jens Holstein, Ugur Sahin (Costley, Christina) [Transferred from California Central on 7/15/2024.] |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Christina Lucen Costley counsel for Defendants BioNTech SE, Jens Holstein, Ugur Sahin. Adding Christina Lucan Costley as counsel of record for BioNTech SE, Ugur Sahin, and Jens Holstein for the reason indicated in the G-123 Notice. Filed by defendants BioNTech SE, Ugur Sahin, and Jens Holstein. (Attorney Christina Lucen Costley added to party BioNTech SE(pty:dft), Attorney Christina Lucen Costley added to party Jens Holstein(pty:dft), Attorney Christina Lucen Costley added to party Ugur Sahin(pty:dft))(Costley, Christina) [Transferred from California Central on 7/15/2024.] |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Bruce G Vanyo counsel for Defendants BioNTech SE, Jens Holstein, Ugur Sahin. Adding Bruce Gordon Vanyo as counsel of record for BioNTech SE, Ugur Sahin, and Jens Holstein for the reason indicated in the G-123 Notice. Filed by Defendants BioNTech SE, Ugur Sahin, and Jens Holstein. (Attorney Bruce G Vanyo added to party BioNTech SE(pty:dft), Attorney Bruce G Vanyo added to party Jens Holstein(pty:dft), Attorney Bruce G Vanyo added to party Ugur Sahin(pty:dft))(Vanyo, Bruce) [Transferred from California Central on 7/15/2024.] |
| Filing 26 REPLY Memorandum of Points and Authorities NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #11 filed by Movant Docdeer Foundation. (Apton, Adam) [Transferred from California Central on 7/15/2024.] |
| Filing 25 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #19 Notice of Non-Opposition of Xia Rongpeng to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel filed by Movant Xia Rongpeng. (Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 24 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #15 , NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #19 filed by Movant Docdeer Foundation. (Apton, Adam) [Transferred from California Central on 7/15/2024.] |
| Filing 23 Notice of Non-Opposition to Competing Lead Plaintiff Motions filed by Movant Oranee Daniels. (Rosen, Laurence) [Transferred from California Central on 7/15/2024.] |
| Filing 22 Certification and Notice of Interested Parties filed by Movant Xia Rongpeng, (Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 21 DECLARATION of Jennifer Pafiti in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #19 filed by Movant Xia Rongpeng. (Attachments: #1 Exhibit A - Damages Analysis, #2 Exhibit B - PSLRA Notice, #3 Exhibit C - Certification & Schedule A, #4 Exhibit D - Movant Declaration, #5 Exhibit E - Pomerantz LLP Firm Resume)(Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 20 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff #19 filed by Movant Xia Rongpeng. (Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 19 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff filed by Movant Xia Rongpeng. Motion set for hearing on 4/12/2024 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Attorney Jennifer Pafiti added to party Xia Rongpeng(pty:mov)) (Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 18 Certification and NOTICE of Interested Parties filed by Movant Oranee Daniels, (Rosen, Laurence) [Transferred from California Central on 7/15/2024.] |
| Filing 17 DECLARATION of Laurence M. Rosen In support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #15 filed by Movant Oranee Daniels. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Rosen Law Firm Resume)(Rosen, Laurence) [Transferred from California Central on 7/15/2024.] |
| Filing 16 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #15 filed by Movant Oranee Daniels. (Rosen, Laurence) [Transferred from California Central on 7/15/2024.] |
| Filing 15 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff filed by Movant Oranee Daniels. Motion set for hearing on 4/12/2024 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Attorney Laurence M. Rosen added to party Oranee Daniels(pty:mov)) (Rosen, Laurence) [Transferred from California Central on 7/15/2024.] |
| Filing 14 CERTIFICATE of Interested Parties filed by Movant Docdeer Foundation, (Apton, Adam) [Transferred from California Central on 7/15/2024.] |
| Filing 13 DECLARATION of Adam M. Apton in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #11 filed by Movant Docdeer Foundation. (Attachments: #1 Exhibit A- PSLRA Certification, #2 Exhibit B- Loss Chart, #3 Exhibit C- PSLRA Notice, #4 Exhibit D- Movant Declaration, #5 Exhibit E- Firm Resume)(Apton, Adam) [Transferred from California Central on 7/15/2024.] |
| Filing 12 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff #11 filed by Movant Docdeer Foundation. (Apton, Adam) [Transferred from California Central on 7/15/2024.] |
| Filing 11 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff filed by Movant Docdeer Foundation. Motion set for hearing on 4/12/2024 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Attorney Adam Marc Apton added to party Docdeer Foundation(pty:mov)) (Apton, Adam) [Transferred from California Central on 7/15/2024.] |
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Filing 10
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kd) [Transferred from California Central on 7/15/2024.]
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| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Peretz Bronstein. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (sh) [Transferred from California Central on 7/15/2024.] |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants BioNTech SE, Jens Holstein, Ugur Sahin. (sh) [Transferred from California Central on 7/15/2024.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) [Transferred from California Central on 7/15/2024.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) [Transferred from California Central on 7/15/2024.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Stephanie S. Christensen. (sh) [Transferred from California Central on 7/15/2024.] |
| Filing 4 Certification and Notice of Interested Parties filed by Plaintiff Adriano Ladewig, (Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Adriano Ladewig. (Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Adriano Ladewig. (Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-36721912 - Fee: $405, filed by Plaintiff Adriano Ladewig. (Attachments: #1 Certification, #2 Schedule A) (Attorney Jennifer Pafiti added to party Adriano Ladewig(pty:pla))(Pafiti, Jennifer) [Transferred from California Central on 7/15/2024.] |
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