Bushansky v. Smartsheet Inc. et al
| Stephen Bushansky |
| Khozema Sipchandler, Michael Gregoire, Katie Rooney, Geoffrey Barker, Rowan Trollope, Mark Mader, Matthew McIlwain, Smartsheet Inc., James White, Alissa Abdullah and Magdalena Yesil |
| 1:2024cv08648 |
| November 14, 2024 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Stockholders Suits |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2024. A more recent docket listing may be available from PACER.
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Filing 24
ORDER: In light of the agreement in principle reached by the parties, the telephonic conference in this action scheduled for Monday, November 25, 2024 at 12 PM Eastern Time is adjourned. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/22/2024) (sgz)
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| Filing 23 NOTICE of WITHDRAWAL OF PLAINTIFFS MOTION FOR AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE re: #4 Proposed Order to Show Cause Without Emergency Relief, #6 Declaration in Support,,, #5 Memorandum of Law in Support. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 22 CERTIFICATE OF SERVICE. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 21 WAIVER OF SERVICE RETURNED EXECUTED. James White waiver sent on 11/20/2024, answer due 1/21/2025. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Rowan Trollope waiver sent on 11/20/2024, answer due 1/21/2025. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. Khozema Sipchandler waiver sent on 11/20/2024, answer due 1/21/2025. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 18 WAIVER OF SERVICE RETURNED EXECUTED. Katie Rooney waiver sent on 11/20/2024, answer due 1/21/2025. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Matthew McIlwain waiver sent on 11/20/2024, answer due 1/21/2025. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Mark Mader waiver sent on 11/20/2024, answer due 1/21/2025. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Michael Gregoire waiver sent on 11/20/2024, answer due 1/21/2025. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Geoffrey Barker waiver sent on 11/20/2024, answer due 1/21/2025. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. Alissa Abdullah waiver sent on 11/20/2024, answer due 1/21/2025. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Smartsheet Inc. waiver sent on 11/20/2024, answer due 1/21/2025. Document filed by Stephen Bushansky..(Monteverde, Juan) |
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Filing 11
CONFERENCE ORDER: The Court will hold a telephonic conference in this action on Monday, November 25, 2024 at 12 PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/21/2024) (sgz) Modified on 11/21/2024 (sgz).
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Filing 10
ORDER TO SHOW CAUSE: This Court hereby DENIES the Plaintiffs request for an order authorizing expedited discovery. Accordingly, it is hereby ORDERED that the Defendant SHOW CAUSE on November 25, 2024 at 12 PM ET by telephone as to why a preliminary injunction should not be issued pursuant to Rule 65(a) of the Federal Rules of Civil Procedure granting a preliminary injunction enjoining the vote (Stockholder Vote) by stockholders of Smartsheet, Inc. ("Smartsheet") scheduled for December 9, 2024, on the proposed sale of Smartsheet to Blackstone and Vista, until five (5) days after Smartsheet files supplemental disclosures with the Securities and Exchange Commission ("SEC") correcting certain alleged materially misleading statements in the definitive proxy on Schedule 14A (Proxy) filed by Smartsheet with the SEC on November 4, 2024, to solicit Smartsheet stockholders to vote in favor of the proposed sale. Plaintiff is directed to serve a copy of this Order to Show Cause and the papers upon which it is based on the Defendant and file proof of service by affidavit or other similar such instrument on or before November 21, 2024 by 5 p.m. Defendants shall have until November 22, 2024 to file a response. SO ORDERED. Show Cause Hearing set for 11/25/2024 at 12:00 PM before Judge Andrew L. Carter Jr.. Show Cause Response due by 11/22/2024. (Signed by Judge Andrew L. Carter, Jr on 11/21/2024) (sgz)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Alissa Abdullah, Geoffrey Barker, Michael Gregoire, Mark Mader, Matthew McIlwain, Katie Rooney, Khozema Sipchandler, Smartsheet Inc., Rowan Trollope, James White, Magdalena Yesil..(jgo) |
| Filing 8 NOTICE OF APPEARANCE by Joshua E Fruchter on behalf of Stephen Bushansky..(Fruchter, Joshua) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Smartsheet Inc., Mark Mader, Alissa Abdullah, Geoffrey Barker, Michael Gregoire, Matthew McIlwain, Katie Rooney, Khozema Sipchandler, Rowan Trollope, James White, Magdalena Yesil, re: #1 Complaint,. Document filed by Stephen Bushansky..(Monteverde, Juan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Juan Eneas Monteverde to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name(s) on 'As to' docket entry text were omitted. 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. (gp) |
| ***DELETED DOCUMENT. Deleted document number #7 ELECTRONIC SUMMONS ISSUED. The document was incorrectly filed in this case. (gp) |
| Case Designated ECF. (gp) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Magistrate Judge Barbara C. Moses 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(gp) |
| Filing 6 DECLARATION of Juan E. Monteverde in Support re: #4 Proposed Order to Show Cause Without Emergency Relief. Document filed by Stephen Bushansky. (Attachments: #1 Exhibit Excerpts from the Proxy, #2 Exhibit Feb. 10, 2017 Blackstone Announcement, #3 Exhibit LinkedIn Profile of Def. Rooney, #4 Exhibit July 5, 2021 Alight Announcement re Foley, #5 Exhibit 2022 Annual Proxy Statement Filed by Alight, #6 Exhibit 2023 Annual Proxy Statement Filed by Alight, #7 Exhibit 2024 Annual Proxy Statement Filed by Alight, #8 Exhibit Form 8-K filed by Alight on September 5, 2023, #9 Exhibit Documents re: Clari, #10 Exhibit Order entered by Hon. John P. Cronan, United States District Judge, on January 23, 2024, in Joseph Zappia v. GAN Limited, et al.).(Monteverde, Juan) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause Without Emergency Relief . Document filed by Stephen Bushansky..(Monteverde, Juan) |
| Filing 4 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Stephen Bushansky..(Monteverde, Juan) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Smartsheet Inc., et al., re: #1 Complaint,. Document filed by Stephen Bushansky..(Monteverde, Juan) Modified on 11/15/2024 (gp). |
| Filing 2 CIVIL COVER SHEET filed..(Monteverde, Juan) |
| Filing 1 COMPLAINT against Alissa Abdullah, Geoffrey Barker, Michael Gregoire, Mark Mader, Matthew McIlwain, Katie Rooney, Khozema Sipchandler, Smartsheet Inc., Rowan Trollope, James White, Magdalena Yesil. (Filing Fee $ 405.00, Receipt Number ANYSDC-30183944)Document filed by Stephen Bushansky. (Attachments: #1 Exhibit PSLRA Certification).(Monteverde, Juan) |
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