McAdams et al v. Eastman Kodak Company et al
| Judy P. McAdams and Jimmie A. McAdams |
| Eastman Kodak Company and James V. Continenza |
| Broward Motorsports Holdings LLC, Domenic Pesce, John McCullan, Les Investissements Kiz Inc., UAT Trading Service, Inc., Alexander Enciso, Yiqi Woodling, Terry Butler, Elaine Khachi, Charles Satterwhite, Scott Reynolds, Doug Atkin, Gary Eberhard, SRR Fortress Capital LLC, Sasan Payvar, Fred Khachi, Margaretha Welkhammer, John McMullan, Alfred Fenelle and Kevin Harte |
| 6:2021cv06449 |
| June 15, 2021 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Securities/Commodities |
| Plaintiff |
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| Document Text |
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| Remark: Case 21-cv-6449 has been consolidated with case 21-cv-6418 and administratively terminated. (LB) |
Filing 99
STIPULATION AND ORDER Consolidating Related Actions. Signed by Hon. Elizabeth A. Wolford on 6/22/2021. (LB)
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| Filing 98 STIPULATION and [Proposed] Order Consolidating Related Actions by Les Investissements Kiz Inc., UAT Trading Service, Inc.. (McConville, Francis) |
| Filing 97 NOTICE of Appearance by Richard A. McGuirk on behalf of James V. Continenza, Eastman Kodak Company (McGuirk, Richard) |
| Filing 96 NOTICE of Appearance by Carolyn G. Nussbaum on behalf of James V. Continenza, Eastman Kodak Company (Nussbaum, Carolyn) |
| Filing 95 Case transferred in from District of New York Southern; Case Number 1:20-cv-06861. |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) |
| Case Stay Lifted. (mml) [Transferred from nysd on 6/15/2021.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Western District of New York. (mml) [Transferred from nysd on 6/15/2021.] |
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Filing 94
ORDER GRANTING THE MOTION OF JIMMIE A. MCADAMS AND JUDY P. MCADAMS TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK granting #88 Motion to Transfer Case. Having considered the Motion of Jimmie A. McAdams and Judy P. McAdams ("Plaintiffs") to transfer venue to the United States District Court for the Western District of New York ("WDNY") (the "Motion") pursuant to 28 U.S.C. 1404(a). 1. Plaintiffs' Motion is GRANTED. 2. The above-captioned action shall be transferred to the United States District Court for the Western District of New York pursuant to 28 U.S.C. 1404(a) as related to Tang v. Eastman Kodak Company, 21-cv-06418-EAW (W.D.N.Y.). IT IS SO ORDERED. The Clerk is directed to close this case on the docket of this case. So Ordered. (Signed by Judge John G. Koeltl on 6/11/2021) (mml) Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 6/15/2021.]
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| Filing 93 NOTICE OF APPEARANCE by Stephanie Lindemuth on behalf of James V. Continenza, Eastman Kodak Company..(Lindemuth, Stephanie) [Transferred from nysd on 6/15/2021.] |
| Filing 92 NOTICE OF APPEARANCE by Francis Paul McConville on behalf of Les Investissements Kiz Inc., UAT Trading Service, Inc...(McConville, Francis) [Transferred from nysd on 6/15/2021.] |
| Filing 91 PROPOSED ORDER. Document filed by Jimmie A. McAdams, Judy P. McAdams..(Fox, Frederic) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from nysd on 6/15/2021.] |
| Filing 90 DECLARATION of Frederic S. Fox in Support re: #88 MOTION to Transfer Case to the United States District Court for the Western District of New York.. Document filed by Jimmie A. McAdams, Judy P. McAdams. (Attachments: #1 Exhibit A - May 27, 2021 Opinion of Chief Judge Wolfson in Tang v. Eastman Kodak Co., 20-cv-10462 (D. N.J.), #2 Exhibit B - May 27, 2021 Order of Chief Judge Wolfson transferring the Tang Action to the WDNY).(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 89 MEMORANDUM OF LAW in Support re: #88 MOTION to Transfer Case to the United States District Court for the Western District of New York. . Document filed by Jimmie A. McAdams, Judy P. McAdams..(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 88 MOTION to Transfer Case to the United States District Court for the Western District of New York. Document filed by Jimmie A. McAdams, Judy P. McAdams..(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 6/11/2021 at 11:00 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) [Transferred from nysd on 6/15/2021.] |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #91 Proposed Order was reviewed and approved as to form. (km) [Transferred from nysd on 6/15/2021.] |
| Filing 87 LETTER addressed to Judge John G. Koeltl from Phillip Kim dated June 3, 2021 re: Decision of DNJ Court Transferring Related Case to WDNY. Document filed by John McMullan. (Attachments: #1 Exhibit 1 - DNJ Decision RE Transferring Related Case to WDNY).(Kim, Phillip) [Transferred from nysd on 6/15/2021.] |
| Filing 86 LETTER addressed to Judge John G. Koeltl from Phillip Kim dated June 3, 2021 re: Transfer of Related Case from DNJ to WDNY. Document filed by John McMullan. (Attachments: #1 Exhibit 1 - Order Transferring DNJ Case to WDNY).(Kim, Phillip) [Transferred from nysd on 6/15/2021.] |
| Filing 85 NOTICE of Supplemental Authority re: #27 MOTION to Appoint John McMullan to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A... Document filed by John McMullan. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Kim, Phillip) [Transferred from nysd on 6/15/2021.] |
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Filing 84
MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4 granting #83 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED.. (Signed by Judge John G. Koeltl on 1/21/2021) Attorney Jason Allen Zweig terminated (ks) [Transferred from nysd on 6/15/2021.]
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| Filing 83 MOTION for Jason A. Zweig to Withdraw as Attorney . Document filed by Terry Butler, Charles Satterwhite, Yiqi Woodling..(Zweig, Jason) [Transferred from nysd on 6/15/2021.] |
| Filing 82 NOTICE OF APPEARANCE by Nathaniel A. Tarnor on behalf of Terry Butler, Charles Satterwhite, Yiqi Woodling..(Tarnor, Nathaniel) [Transferred from nysd on 6/15/2021.] |
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Filing 81
ORDER FOR PRO HAC VICE ADMISSION granting #79 Motion for Ali R. Rabbani to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 11/23/2020) (rro) [Transferred from nysd on 6/15/2021.]
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Filing 80
ORDER FOR PRO HAC VICE ADMISSION granting #78 Motion for Neal R. Marder to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 11/23/2020) (ks) [Transferred from nysd on 6/15/2021.]
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| Filing 79 MOTION for Ali R. Rabbani to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22684112. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James V. Continenza, Eastman Kodak Company. (Attachments: #1 Declaration of Ali R. Rabbani, #2 Exhibit 1 - Certificate of Good Standing, #3 Proposed Order).(Rabbani, Ali) [Transferred from nysd on 6/15/2021.] |
| Filing 78 MOTION for Neal R. Marder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22683872. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James V. Continenza, Eastman Kodak Company. (Attachments: #1 Declaration of Neal R. Marder, #2 Exhibit 1 - Certificate of Good Standing, #3 Proposed Order).(Marder, Neal) [Transferred from nysd on 6/15/2021.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #78 MOTION for Neal R. Marder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22683872. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from nysd on 6/15/2021.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #79 MOTION for Ali R. Rabbani to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22684112. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from nysd on 6/15/2021.] |
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Filing 77
ORDER: This action is similar to an earlier filed action in the District of New Jersey, namely Tang v. Eastman Kodak Co., No. 3:20-cv-10462 - FLW-ZNQ (D.N.J.). There is a pending motion in the Tang action to transfer that action to this Court. There is also a pending motion in this Court to transfer this action to the District of New Jersey. (ECF, Nos. 49-50). The Court will stay this action pending a decision by the court in the District of New Jersey on the pending motion to transfer the Tang action to this Court. This Court defers to the court in the District of New Jersey with the first-filed action to determine where both actions should proceed. SO ORDERED. (Signed by Judge John G. Koeltl on 11/19/2020) (ks) [Transferred from nysd on 6/15/2021.]
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| Filing 76 LETTER addressed to Judge John G. Koeltl from Stephen M. Baldini dated November 18, 2020 Document filed by James V. Continenza, Eastman Kodak Company..(Baldini, Stephen) [Transferred from nysd on 6/15/2021.] |
| Filing 75 REPLY MEMORANDUM OF LAW in Support re: #49 MOTION to Change Venue . . Document filed by Terry Butler, Charles Satterwhite, Yiqi Woodling..(Zweig, Jason) [Transferred from nysd on 6/15/2021.] |
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Filing 74
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT. IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned attorneys of the Parties, subject to the approval of the Court, that: Defendants shall not be required to answer, move to dismiss, or otherwise respond to, and are hereby expressly relieved from answering or otherwise responding to, the Complaint, or any subsequently-filed complaint in this or other similar action, prior to appointment of lead plaintiff, and as further set forth in this Stipulation and Order. So ordered this 11 day of November, 2020. (Signed by Judge J. Paul Oetken on 11/11/2020) (rjm) [Transferred from nysd on 6/15/2021.]
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Filing 73
ORDER granting #70 LETTER MOTION for Extension of Time to File Answer, move against, or otherwise respond to the complaint addressed to Judge John G. Koeltl from Stephen M. Baldini dated November 10, 2020. Document filed by James V. Continenza, Eastman Kodak Company. The 11/30/20 conference is canceled. So ordered. The following hearing(s) was terminated: Pretrial Conference. (Signed by Judge John G. Koeltl on 11/11/2020) (rjm) [Transferred from nysd on 6/15/2021.]
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| Filing 72 MEMORANDUM OF LAW in Opposition re: #49 MOTION to Change Venue . . Document filed by Les Investissements Kiz Inc., UAT Trading Service, Inc.. (Attachments: #1 Declaration of Frederic S. Fox).(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 71 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by James V. Continenza, Eastman Kodak Company..(Baldini, Stephen) [Transferred from nysd on 6/15/2021.] |
| Filing 70 LETTER MOTION for Extension of Time to File Answer , move against, or otherwise respond to the complaint addressed to Judge John G. Koeltl from Stephen M. Baldini dated November 10, 2020. Document filed by James V. Continenza, Eastman Kodak Company..(Baldini, Stephen) [Transferred from nysd on 6/15/2021.] |
| Filing 69 NOTICE OF APPEARANCE by Stephen Michael Baldini on behalf of James V. Continenza, Eastman Kodak Company..(Baldini, Stephen) [Transferred from nysd on 6/15/2021.] |
| Filing 68 NOTICE of Filing of Reply Memorandum of Law in Further Support of the Kodak Investor Group's Motion for Appointment as Lead Plaintiff in the First Filed Case in the District of New Jersey. Document filed by Terry Butler, Charles Satterwhite, Yiqi Woodling. (Attachments: #1 Exhibit A).(Zweig, Jason) [Transferred from nysd on 6/15/2021.] |
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Filing 67
ORDER terminating #41 Motion to Stay ; granting #45 Motion for Extension of Time to File Response/Reply re #45 LETTER MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Appoint John McMullan to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.. addressed to Judge John G. Koelt. The Court will align the briefing schedule for the Lead Plaintiff motions in this case with that in the Tang case. Therefore, the opposition briefs on the Lead Plaintiff motions are due on November 2, 2020. The deadline for any reply briefs is the same as for any similar deadlines in the Tang case. The parties represent that the Tang case is the first-filed case. The current case cannot be consolidated with the Tang case, because they are pending in different districts, unless one of the cases is transferred pursuant to 28 U.S.C. 1407. There is not yet any motion to transfer either of the cases to the other district, or to dismiss or stay one of the cases in favor of the other pending case, and any such motion is traditionally decided by the court in the first-filed case. Therefore, at this point, it is sufficient to assure that the briefing schedule on the Lead Plaintiff motions in this case is parallel to the briefing schedule in the Tang case. The Clerk is directed to close Docket Nos. 41 and 45. SO ORDERED.. (Signed by Judge John G. Koeltl on 10/26/2020) ( Responses due by 11/2/2020) (ks) [Transferred from nysd on 6/15/2021.]
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| Filing 66 NOTICE of of Intent to File Reply to Lead Plaintiff Motions in the District of New Jersey on Nov. 9, 2020 re: #52 Notice (Other), #14 Notice (Other),. Document filed by Terry Butler, Charles Satterwhite, Yiqi Woodling..(Zweig, Jason) [Transferred from nysd on 6/15/2021.] |
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Filing 65
ORDER: Any opposition to the motion to transfer venue to the District of New Jersey, ECF No. 49, should be filed by November 10, 2020. Any reply should be filed by November 13, 2020. SO ORDERED. (Responses due by 11/10/2020, Replies due by 11/13/2020.) (Signed by Judge John G. Koeltl on 11/4/2020) (jca) [Transferred from nysd on 6/15/2021.]
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| Filing 64 REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Appoint Les Investissements Kiz Inc. and UAT Trading Service, Inc. to serve as lead plaintiff(s) approving their selection of Kaplan Fox & Kilsheimer LLP and Labaton Sucharow LLP to serve as lead counsel for the proposed class; and for a . Document filed by Les Investissements Kiz Inc., UAT Trading Service, Inc...(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 63 REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Appoint John McMullan to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.. . Document filed by John McMullan..(Kim, Phillip) [Transferred from nysd on 6/15/2021.] |
| Filing 62 NOTICE of Filing of Memorandum of Law in Further Support of the Kodak Investor Group's Motion for Appointment as Lead Plaintiff and in Opposition to All Competing Motions in the First Filed Case in the District of New Jersey re: #14 Notice (Other),. Document filed by Terry Butler, Charles Satterwhite, Yiqi Woodling. (Attachments: #1 Exhibit A).(Zweig, Jason) [Transferred from nysd on 6/15/2021.] |
| Filing 61 NOTICE of Non-Opposition to MOTION to Change Venue filed by Elaine Khachi, Fred Khachi, Sasan Payvar, Domenic Pesce re: #49 MOTION to Change Venue .. Document filed by John McMullan..(Kim, Phillip) [Transferred from nysd on 6/15/2021.] |
| Filing 60 JOINDER to join re: #49 MOTION to Change Venue . . Document filed by Terry Butler, Charles Satterwhite, Yiqi Woodling..(Zweig, Jason) [Transferred from nysd on 6/15/2021.] |
| Filing 59 NOTICE of Withdrawal of Motion re: #34 MOTION to Appoint Fred Khachi, Elaine Khachi, Sasan Payvar, and Domenic Pesce to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Elaine Khachi, Fred Khachi, Sasan Payvar, Domenic Pesce..(Singer, Steven) [Transferred from nysd on 6/15/2021.] |
| Filing 58 NOTICE of of Withdrawal of Motion re: #15 MOTION to Appoint Scott Reynolds and SRR Fortress Capital LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Scott Reynolds, SRR Fortress Capital LLC..(Amon, Thomas) [Transferred from nysd on 6/15/2021.] |
| Filing 57 MEMORANDUM OF LAW in Opposition re: #28 MOTION to Appoint Les Investissements Kiz Inc. and UAT Trading Service, Inc. to serve as lead plaintiff(s) approving their selection of Kaplan Fox & Kilsheimer LLP and Labaton Sucharow LLP to serve as lead counsel for the proposed class; and for a, #34 MOTION to Appoint Fred Khachi, Elaine Khachi, Sasan Payvar, and Domenic Pesce to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #15 MOTION to Appoint Scott Reynolds and SRR Fortress Capital LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by John McMullan..(Kim, Phillip) [Transferred from nysd on 6/15/2021.] |
| Filing 56 DECLARATION of Frederic S. Fox in Support re: #28 MOTION to Appoint Les Investissements Kiz Inc. and UAT Trading Service, Inc. to serve as lead plaintiff(s) approving their selection of Kaplan Fox & Kilsheimer LLP and Labaton Sucharow LLP to serve as lead counsel for the proposed class; and for a. Document filed by Les Investissements Kiz Inc., UAT Trading Service, Inc.. (Attachments: #1 Exhibit A Reynolds Consent Order, #2 Exhibit B Axos Clearing LLC v. Reynolds et al- Amended Complaint, #3 Exhibit C Axos Clearing LLC v. Reynolds et al- Complaint Ex A- Settlement and Release, #4 Exhibit D Khachi Judgement).(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 55 MEMORANDUM OF LAW in Support re: #28 MOTION to Appoint Les Investissements Kiz Inc. and UAT Trading Service, Inc. to serve as lead plaintiff(s) approving their selection of Kaplan Fox & Kilsheimer LLP and Labaton Sucharow LLP to serve as lead counsel for the proposed class; and for a . Document filed by Les Investissements Kiz Inc., UAT Trading Service, Inc...(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 54 MEMORANDUM OF LAW in Opposition re: #28 MOTION to Appoint Les Investissements Kiz Inc. and UAT Trading Service, Inc. to serve as lead plaintiff(s) approving their selection of Kaplan Fox & Kilsheimer LLP and Labaton Sucharow LLP to serve as lead counsel for the proposed class; and for a, #34 MOTION to Appoint Fred Khachi, Elaine Khachi, Sasan Payvar, and Domenic Pesce to serve as lead plaintiff(s) . MOTION to Appoint Counsel ., #27 MOTION to Appoint John McMullan to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.. . Document filed by Scott Reynolds, SRR Fortress Capital LLC..(Amon, Thomas) [Transferred from nysd on 6/15/2021.] |
| Filing 53 NOTICE of NON-OPPOSITION OF MOVANT GARY EBERHARD TO COMPETING LEAD PLAINTIFF MOTIONS. Document filed by Gary Eberhard..(Pollack, Janine) [Transferred from nysd on 6/15/2021.] |
| Filing 52 NOTICE of Intent to File Response and Opposition to Lead Plaintiff Motions in the District of New Jersey on November 2, 2020 re: #34 MOTION to Appoint Fred Khachi, Elaine Khachi, Sasan Payvar, and Domenic Pesce to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Elaine Khachi, Fred Khachi, Sasan Payvar, Domenic Pesce..(Singer, Steven) [Transferred from nysd on 6/15/2021.] |
| Filing 51 NOTICE of Intent to File Response and Opposition to Lead Plaintiff Motions in the District of New Jersey on November 2, 2020 re: #14 Notice (Other),. Document filed by Terry Butler, Charles Satterwhite, Yiqi Woodling..(Zweig, Jason) [Transferred from nysd on 6/15/2021.] |
| Filing 50 MEMORANDUM OF LAW in Support re: #49 MOTION to Change Venue . . Document filed by Elaine Khachi, Fred Khachi, Sasan Payvar, Domenic Pesce..(Singer, Steven) [Transferred from nysd on 6/15/2021.] |
| Filing 49 MOTION to Change Venue . Document filed by Elaine Khachi, Fred Khachi, Sasan Payvar, Domenic Pesce. (Attachments: #1 Text of Proposed Order).(Singer, Steven) [Transferred from nysd on 6/15/2021.] |
| Filing 48 NOTICE of Withdrawal of Motion re: #10 Declaration in Support of Motion, #8 Memorandum of Law in Support of Motion, #7 MOTION to Appoint Broward Motorsports Holdings LLC to serve as lead plaintiff(s) .. Document filed by Broward Motorsports Holdings LLC..(Harrison, David) [Transferred from nysd on 6/15/2021.] |
| Filing 47 LETTER addressed to Judge John G. Koeltl from Frederic S. Fox dated 10/26/2020 re: response to the letter motion dated October 22, 2020 filed by non-parties Charles Satterwhite, Terry Butler and Yiki Woodling (ECF No. 41). Document filed by Jimmie A. McAdams, Judy P. McAdams..(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 46 NOTICE of of Non-Opposition to Competing Lead Plaintiff Motions. Document filed by Doug Atkin..(Hopkins, Shannon) [Transferred from nysd on 6/15/2021.] |
| Filing 45 LETTER MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Appoint John McMullan to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.. addressed to Judge John G. Koeltl from Phillip Kim dated 10/23/2020. Document filed by John McMullan..(Kim, Phillip) [Transferred from nysd on 6/15/2021.] |
| Filing 44 NOTICE OF APPEARANCE by Lester R Hooker on behalf of Elaine Khachi, Fred Khachi, Sasan Payvar, Domenic Pesce..(Hooker, Lester) [Transferred from nysd on 6/15/2021.] |
| Filing 43 NOTICE of NON-OPPOSITION TO THE COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF COUNSEL re: #37 MOTION to Appoint Kevin Harte and Alfred Fenelle to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Alfred Fenelle, Kevin Harte..(Lieberman, Jeremy) [Transferred from nysd on 6/15/2021.] |
| Filing 42 NOTICE of Notice of Non-Opposition of Alexander Enciso. Document filed by Alexander Enciso..(Bleichmar, Javier) [Transferred from nysd on 6/15/2021.] |
| Filing 41 LETTER MOTION to Stay re: #14 Notice (Other), addressed to Judge John G. Koeltl from Jason A. Zweig dated 10/22/2020. Document filed by Terry Butler, Charles Satterwhite, Yiqi Woodling..(Zweig, Jason) [Transferred from nysd on 6/15/2021.] |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #29 Proposed Order #33 Proposed Order #26 Proposed Order #18 Proposed Order was reviewed and approved as to form. (km) [Transferred from nysd on 6/15/2021.] |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #38 Proposed Order was reviewed and approved as to form. (km) [Transferred from nysd on 6/15/2021.] |
| Filing 40 DECLARATION of Jeremy A. Lieberman in Support re: #37 MOTION to Appoint Kevin Harte and Alfred Fenelle to serve as lead plaintiff(s) . MOTION to Approve Counsel .. Document filed by Alfred Fenelle, Kevin Harte. (Attachments: #1 Exhibit A - Loss Chart, #2 Exhibit B - Press Release, #3 Exhibit C - Certifications, #4 Exhibit D - Joint Declaration, #5 Exhibit E - Pomerantz Resume, #6 Exhibit F - Bernstein Resume).(Lieberman, Jeremy) [Transferred from nysd on 6/15/2021.] |
| Filing 39 MEMORANDUM OF LAW in Support re: #37 MOTION to Appoint Kevin Harte and Alfred Fenelle to serve as lead plaintiff(s) . MOTION to Approve Counsel . . Document filed by Alfred Fenelle, Kevin Harte..(Lieberman, Jeremy) [Transferred from nysd on 6/15/2021.] |
| Filing 38 PROPOSED ORDER. Document filed by Alfred Fenelle, Kevin Harte. Related Document Number: #37 ..(Lieberman, Jeremy) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from nysd on 6/15/2021.] |
| Filing 37 MOTION to Appoint Kevin Harte and Alfred Fenelle to serve as lead plaintiff(s) ., MOTION to Approve Counsel . Document filed by Kevin Harte, Alfred Fenelle..(Lieberman, Jeremy) [Transferred from nysd on 6/15/2021.] |
| Filing 36 DECLARATION of Lester R. Hooker in Support re: #34 MOTION to Appoint Fred Khachi, Elaine Khachi, Sasan Payvar, and Domenic Pesce to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Elaine Khachi, Fred Khachi, Sasan Payvar, Domenic Pesce. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Singer, Steven) [Transferred from nysd on 6/15/2021.] |
| Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Appoint Fred Khachi, Elaine Khachi, Sasan Payvar, and Domenic Pesce to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Elaine Khachi, Fred Khachi, Sasan Payvar, Domenic Pesce..(Singer, Steven) [Transferred from nysd on 6/15/2021.] |
| Filing 34 MOTION to Appoint Fred Khachi, Elaine Khachi, Sasan Payvar, and Domenic Pesce to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Fred Khachi, Elaine Khachi, Sasan Payvar, Domenic Pesce. (Attachments: #1 Text of Proposed Order).(Singer, Steven) [Transferred from nysd on 6/15/2021.] |
| Filing 33 PROPOSED ORDER. Document filed by Les Investissements Kiz Inc., UAT Trading Service, Inc...(Fox, Frederic) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from nysd on 6/15/2021.] |
| Filing 32 MEMORANDUM OF LAW in Support re: #28 MOTION to Appoint Les Investissements Kiz Inc. and UAT Trading Service, Inc. to serve as lead plaintiff(s) approving their selection of Kaplan Fox & Kilsheimer LLP and Labaton Sucharow LLP to serve as lead counsel for the proposed class; and for a . Document filed by Les Investissements Kiz Inc., UAT Trading Service, Inc...(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 31 MEMORANDUM OF LAW in Support re: #27 MOTION to Appoint John McMullan to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A.. . Document filed by John McMullan. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Cert., #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume).(Kim, Phillip) [Transferred from nysd on 6/15/2021.] |
| Filing 30 DECLARATION of Frederic S. Fox in Support re: #28 MOTION to Appoint Les Investissements Kiz Inc. and UAT Trading Service, Inc. to serve as lead plaintiff(s) approving their selection of Kaplan Fox & Kilsheimer LLP and Labaton Sucharow LLP to serve as lead counsel for the proposed class; and for a. Document filed by Les Investissements Kiz Inc., UAT Trading Service, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 29 PROPOSED ORDER. Document filed by John McMullan. Related Document Number: #27 ..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from nysd on 6/15/2021.] |
| Filing 28 MOTION to Appoint Les Investissements Kiz Inc. and UAT Trading Service, Inc. to serve as lead plaintiff(s) approving their selection of Kaplan Fox & Kilsheimer LLP and Labaton Sucharow LLP to serve as lead counsel for the proposed class; and for any such further relief as the Court may deem just and proper.. Document filed by Les Investissements Kiz Inc., UAT Trading Service, Inc...(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 27 MOTION to Appoint John McMullan to serve as lead plaintiff(s) ., MOTION to Appoint Counsel The Rosen Law Firm, P.A.. Document filed by John McCullan..(Kim, Phillip) [Transferred from nysd on 6/15/2021.] |
| Filing 26 PROPOSED ORDER. Document filed by Alexander Enciso. Related Document Number: #23 ..(Bleichmar, Javier) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from nysd on 6/15/2021.] |
| Filing 25 DECLARATION of Javier Bleichmar in Support re: #23 MOTION to Appoint Alexander Enciso to serve as lead plaintiff(s) . MOTION to Appoint Counsel Gibbs Law Group LLP.. Document filed by Alexander Enciso. (Attachments: #1 Exhibit A - PSLRA Certification, #2 Exhibit B - Notice of Pendency of Tang v. Eastman Kodak, #3 Exhibit C - Notice of Pendency of McAdams v. Eastman Kodak, #4 Exhibit D - Chart of Financial Interest, #5 Exhibit E - Enciso Declaration, #6 Exhibit F - Gibbs Law Group Resume).(Bleichmar, Javier) [Transferred from nysd on 6/15/2021.] |
| Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Appoint Alexander Enciso to serve as lead plaintiff(s) . MOTION to Appoint Counsel Gibbs Law Group LLP. . Document filed by Alexander Enciso..(Bleichmar, Javier) [Transferred from nysd on 6/15/2021.] |
| Filing 23 MOTION to Appoint Alexander Enciso to serve as lead plaintiff(s) ., MOTION to Appoint Counsel Gibbs Law Group LLP. Document filed by Alexander Enciso. (Attachments: #1 Text of Proposed Order).(Bleichmar, Javier) [Transferred from nysd on 6/15/2021.] |
| Filing 22 NOTICE of Filing of Lead Plaintiff Motion in District of New Jersey. Document filed by Margaretha Welkhammer..(Block, Jeffrey) [Transferred from nysd on 6/15/2021.] |
| Filing 21 DECLARATION of Shannon L. Hopkins in Support re: #19 MOTION to Appoint Doug Atkin to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Doug Atkin. (Attachments: #1 Exhibit PSLRA Certification, #2 Exhibit Loss Chart, #3 Exhibit PSLRA Notice, #4 Exhibit LK Resume).(Hopkins, Shannon) [Transferred from nysd on 6/15/2021.] |
| Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Appoint Doug Atkin to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Doug Atkin..(Hopkins, Shannon) [Transferred from nysd on 6/15/2021.] |
| Filing 19 MOTION to Appoint Doug Atkin to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Doug Atkin. (Attachments: #1 Text of Proposed Order).(Hopkins, Shannon) [Transferred from nysd on 6/15/2021.] |
| Filing 18 PROPOSED ORDER. Document filed by Scott Reynolds, SRR Fortress Capital LLC. Related Document Number: #15 ..(Amon, Thomas) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from nysd on 6/15/2021.] |
| Filing 17 DECLARATION of Thomas G. Amon in Support re: #15 MOTION to Appoint Scott Reynolds and SRR Fortress Capital LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Scott Reynolds, SRR Fortress Capital LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Amon, Thomas) [Transferred from nysd on 6/15/2021.] |
| Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Appoint Scott Reynolds and SRR Fortress Capital LLC to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Scott Reynolds, SRR Fortress Capital LLC..(Amon, Thomas) [Transferred from nysd on 6/15/2021.] |
| Filing 15 MOTION to Appoint Scott Reynolds and SRR Fortress Capital LLC to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Scott Reynolds, SRR Fortress Capital LLC..(Amon, Thomas) [Transferred from nysd on 6/15/2021.] |
| Filing 14 NOTICE of Filing of PSLRA Motion for Appointment as Lead Plaintiff in First Filed Case in District of New Jersey. Document filed by Charles Satterwhite, Terry Butler, Yiqi Woodling. (Attachments: #1 Exhibit A - Movant's Moving Papers).(Zweig, Jason) [Transferred from nysd on 6/15/2021.] |
| Filing 13 DECLARATION of Janine Pollack in Support re: #11 MOTION to Appoint Gary Eberhard to serve as lead plaintiff(s) .. Document filed by Gary Eberhard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Pollack, Janine) [Transferred from nysd on 6/15/2021.] |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Appoint Gary Eberhard to serve as lead plaintiff(s) . . Document filed by Gary Eberhard. (Attachments: #1 Proposed Order).(Pollack, Janine) [Transferred from nysd on 6/15/2021.] |
| Filing 11 MOTION to Appoint Gary Eberhard to serve as lead plaintiff(s) . Document filed by Gary Eberhard..(Pollack, Janine) [Transferred from nysd on 6/15/2021.] |
| Filing 10 DECLARATION of David C. Harrison in Support re: #7 MOTION to Appoint Broward Motorsports Holdings LLC to serve as lead plaintiff(s) .. Document filed by Broward Motorsports Holdings LLC. (Attachments: #1 Exhibit C (corrected)).(Harrison, David) [Transferred from nysd on 6/15/2021.] |
| Filing 9 DECLARATION of David C. Harrison in Support re: #7 MOTION to Appoint Broward Motorsports Holdings LLC to serve as lead plaintiff(s) .. Document filed by Broward Motorsports Holdings LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Harrison, David) [Transferred from nysd on 6/15/2021.] |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Appoint Broward Motorsports Holdings LLC to serve as lead plaintiff(s) . . Document filed by Broward Motorsports Holdings LLC..(Harrison, David) [Transferred from nysd on 6/15/2021.] |
| Filing 7 MOTION to Appoint Broward Motorsports Holdings LLC to serve as lead plaintiff(s) . Document filed by Broward Motorsports Holdings LLC. (Attachments: #1 Proposed Order).(Harrison, David) [Transferred from nysd on 6/15/2021.] |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 11/30/2020 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) [Transferred from nysd on 6/15/2021.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Eastman Kodak Company..(pne) [Transferred from nysd on 6/15/2021.] |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to James V. Continenza..(pne) [Transferred from nysd on 6/15/2021.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to EASTMAN KODAK COMPANY, re: #1 Complaint. Document filed by Jimmie A. McAdams, Judy P. McAdams..(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to JAMES V. CONTINENZA, re: #1 Complaint. Document filed by Jimmie A. McAdams..(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 2 CIVIL COVER SHEET filed..(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Filing 1 COMPLAINT against James V. Continenza, Eastman Kodak Company. (Filing Fee $ 400.00, Receipt Number ANYSDC-21333809)Document filed by Jimmie A. McAdams, Judy P. McAdams..(Fox, Frederic) [Transferred from nysd on 6/15/2021.] |
| Magistrate Judge Sarah L. Cave is so designated. 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. (pne) [Transferred from nysd on 6/15/2021.] |
| Case Designated ECF. (pne) [Transferred from nysd on 6/15/2021.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(pne) [Transferred from nysd on 6/15/2021.] |
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