Johnson v. Vertos Medical, Inc. et al
| Dr. Richard Johnson |
| Vertos Medical, Inc., James M. Corbett, Dr. Andrew Firlik, Dr. Myles Greenberg, Daniel Pelak and John F. Ryan |
| 7:2013cv06431 |
| September 12, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Vincent L Briccetti |
| Stockholders Suits |
| 28 U.S.C. § 1332 fd Diversity-Breach of Fiduciary Duty |
| None |
Docket Report
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This docket was last retrieved on November 14, 2013. A more recent docket listing may be available from PACER.
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| Filing 37 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO RULE F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the Plaintiff, Dr. Richard Johnson and or his counsel, hereby gives notice that the above captioned action is voluntarily dismissed, without prejudice. (Signed by Judge Vincent L. Briccetti on 11/14/2013) (rj) |
| Filing 36 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) Richard Johnson. Document filed by Richard Johnson. (Ruocco, Antonette) |
| MEMORANDUM TO THE DOCKET CLERK: The Clerk is directed to terminate Document #9, as moot. (rj) |
| Filing 35 NOTICE of Request for Judicial Notice re: #28 MOTION to Dismiss Amended Complaint.. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Taggart, Craig) |
| Filing 34 DECLARATION of John F. Ryan in Support re: #28 MOTION to Dismiss Amended Complaint.. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan. (Taggart, Craig) |
| Filing 33 DECLARATION of Daniel Pelak in Support re: #28 MOTION to Dismiss Amended Complaint.. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan. (Taggart, Craig) |
| Filing 32 DECLARATION of Dr. Myles Greenberg in Support re: #28 MOTION to Dismiss Amended Complaint.. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan. (Taggart, Craig) |
| Filing 31 DECLARATION of Dr. Andrew Firlik in Support re: #28 MOTION to Dismiss Amended Complaint.. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan. (Taggart, Craig) |
| Filing 30 DECLARATION of James M. Corbett in Support re: #28 MOTION to Dismiss Amended Complaint.. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan. (Taggart, Craig) |
| Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Amended Complaint.. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan. (Taggart, Craig) |
| Filing 28 MOTION to Dismiss Amended Complaint. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan. Responses due by 11/15/2013(Taggart, Craig) |
| Filing 27 AMENDED COMPLAINT against James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan.Document filed by Richard Johnson.(rj) |
Filing 26
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Antonette Ruocco dated 10/8/2013 re: In accordance with Your Honor's Order dated September 20, 2013 (the "Order"), please accept this letter as Plaintiff's notification that he will send his amended complaint. Pursuant to the Order, Plaintiff will file an amended complaint by no later than October 22, 2013, fourteen (14) days after the instant notice. ENDORSEMENT: Plaintiff shall file his amended complaint by 10/22/2013., ( Amended Pleadings due by 10/22/2013.) (Signed by Judge Vincent L. Briccetti on 10/8/2013) (rj)
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| Filing 25 LETTER addressed to Judge Vincent L. Briccetti from Antonette Ruocco, Esq. dated 10/08/13 re: Amended Complaint. Document filed by Richard Johnson.(Ruocco, Antonette) |
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Filing 24
ORDER denying #23 Letter Motion for Extension of Time to File Response/Reply. The motion is DENIED because plaintiff's counsel has failed to comply with the Court's Order dated September 20, 2013 (Doc. #14), which requires plaintiff to notify the Court whether he intends to file an amended complaint or rely on the complaint that is the subject of the motion to dismiss. Plaintiff's counsel is directed to comply with the Court's September 20 Order. Her time to do so is extended to October 8, 2013. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 23 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vincent L. Briccetti from Antonette Ruocco, Esq. dated 09/30/13. Document filed by Richard Johnson.(Ruocco, Antonette) |
| Filing 22 NOTICE OF APPEARANCE by Antonette Ruocco on behalf of Richard Johnson. (Ruocco, Antonette) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Lynn Ellen Judell to RE-FILE Document #18 Notice of Appearance. ERROR(S): Attorney electronically filing document does not match Attorney on PDF. (db) |
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Filing 21
ORDER granting #17 Motion for Justin Klaeb to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 20
ORDER granting #16 Motion for Craig A. Taggart to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 19
ORDER granting #15 Motion for John F. Cannon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Lynn Ellen Judell on behalf of Richard Johnson. (Judell, Lynn) Modified on 9/25/2013 (db). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Justin E. Klaeb to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 17 MOTION for Justin E. Klaeb to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Order for Admission Pro Hac Vice of Justin E. Klaeb)(Klaeb, Justin) |
| Filing 16 MOTION for Craig A. Taggart to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Order for Admission Pro Hac Vice of Craig A. Taggart)(Taggart, Craig) |
| Filing 15 MOTION for John F. Cannon to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Order for Admission Pro Hac Vice of John F. Cannon)(Cannon, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for John F. Cannon to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Craig A. Taggart to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 14
ORDER: Defendants having filed a motion to dismiss the complaint on September 19, 2013 (Doc. #9), it is hereby: ORDERED that, by no later than September 30, 2011. Plaintiff must notify the Court by letter, with copies simultaneously delivered to all counsel, whether (i) he intends to file an amended complaint, or (ii) he will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion to dismiss will proceed in the regular course and, absent special circumstances, no further opportunities to amend will be granted. The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, he must do so by no later than 14 days after notifying the Court of his intent to do so. Defendants may then either (i) file an answer to the amended complaint, or (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter, with copies simultaneously delivered to all counsel, that they are relying on the initially-filed motion to dismiss. If defendants choose to file an answer to or motion to dismiss the amended complaint, the time to do so shall be governed by the Federal Rules of Civil Procedure, unless otherwise ordered by the Court. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/20/2013) (lnl)
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| Filing 13 NOTICE of Request for Judicial Notice re: #9 FIRST MOTION to Dismiss Plaintiff's Complaint., #10 Memorandum of Law in Support of Motion. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Yankwitt, Russell) |
| Filing 12 CERTIFICATE OF SERVICE of Notice of Motion, Memorandum of Law, and Judicial Notice served on Dr. Richard Johnson on September 19, 2013. Service was made by Mail. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. (Novak, Suzanne) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Suzanne Ilene Novak to RE-FILE Document #11 MOTION Judicial Notice re: #9 FIRST MOTION to Dismiss Plaintiff's Complaint. MOTION Judicial Notice re: #9 FIRST MOTION to Dismiss Plaintiff's Complaint. Use the event type Notice (Other) found under the event list Notices. (ldi) |
| Filing 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Judicial Notice re: #9 FIRST MOTION to Dismiss Plaintiff's Complaint.. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Novak, Suzanne) Modified on 9/20/2013 (ldi). |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 FIRST MOTION to Dismiss Plaintiff's Complaint.. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. (Novak, Suzanne) |
| Filing 9 FIRST MOTION to Dismiss Plaintiff's Complaint. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. Responses due by 10/3/2013(Novak, Suzanne) |
| Filing 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss Plaintiff's Complaint. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. Responses due by 10/3/2013(Novak, Suzanne) Modified on 9/20/2013 (db). |
| Filing 7 MOTION for Craig A. Taggart to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8883601. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Richard Johnson, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Novak, Suzanne) |
| Filing 6 MOTION for John F. Cannon to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8883568. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Richard Johnson, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Novak, Suzanne) |
| Filing 5 MOTION for Justin Klaeb to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8883520. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James M. Corbett, Andrew Firlik, Myles Greenberg, Richard Johnson, Daniel Pelak, John F. Ryan, Vertos Medical, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Novak, Suzanne) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #6 MOTION for John F. Cannon to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8883568. Motion and supporting papers to be reviewed by Clerk's Office staff, #7 MOTION for Craig A. Taggart to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8883601. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Proposed Order. Certificates of Good Standing must be issued from the State Court. Re-file the document as a Corrected Motion to Appear Pro Hac Vice attach a Proposed Order and attach a valid Certificate of Good Standing, issued within the past 30 days. (bwa) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #5 MOTION for Justin Klaeb to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8883520. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificates of Good Standing must be issued from the State Court.Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bwa) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Vertos Medical, Inc..(Novak, Suzanne) |
| Filing 3 CERTIFICATE OF SERVICE of Notice of Removal to the US District Court for the Southern District of New York of the above-captioned case, Index No. 60742-2013 in the Supreme Court of the State of New York, County of Westchester, Electronic Case Filing rules and instructions for the Southern District of New York; and the Individual Practices of Judge Vincent L. Bricetti. served on Dr. Richard Johnson on September 13, 2013. Service was made by Mail. Document filed by Vertos Medical, Inc.. (Novak, Suzanne) |
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Filing 2
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (lnl)
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| Filing 1 COMPLAINT against James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc. (Filing Fee $350.00, Receipt Number 465407006768) Document filed by Richard Johnson. (lnl) |
| SUMMONS ISSUED as to James M. Corbett, Andrew Firlik, Myles Greenberg, Daniel Pelak, John F. Ryan, Vertos Medical, Inc. (lnl) |
| Magistrate Judge George A. Yanthis is so designated. (lnl) |
| Case Designated ECF. (lnl) |
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