Peters, Derivatively on Behalf of Nominal Defendant Eastman Kodak Company v. Continenza et al
| LOUIS PETERS, Derivatively on Behalf of Nominal Defendant EASTMAN KODAK COMPANY and Louis Peters |
| JAMES V. CONTINENZA, DAVID E. BULLWINKLE, ROGER W. BYRD, RICHARD TODD BRADLEY, GEORGE KARFUNKEL, PHILLIPE D. KATZ, JASON NEW, RANDY VANDAGRIFF and EASTMAN KODAK COMPANY |
| Herbert Silverberg |
| 6:2021cv06621 |
| October 4, 2021 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
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Filing 64
NOTICE of Appearance by Paul A Straus on behalf of Jason New (Straus, Paul)
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Filing 63
NOTICE of Appearance by David Mitchell Zensky on behalf of Eastman Kodak Company (Zensky, David)
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Filing 62
RESPONSE in Support re #3 MOTION to Appoint Counsel and Appointment of Lead Plaintiff filed by Herbert Silverberg. (Attachments: #1 Declaration Supplemental Declaration of Jeffrey S. Abraham in Support of Plaintiff Silverbergs Cross-Motion for Organizing the Two Related Shareholder Derivative Actions, #2 Exhibit 8 - Peters Docket, #3 Exhibit 9 - Memo in Support of Continenza's Motion to Dismiss Insider Trading Claim, #4 Exhibit 10 - Memo in Support of Option Defendants' Motion to Dismiss, #5 Exhibit 11 - Memo in Support of Eastman Kodak's Motion to Dismiss, #6 Exhibit 12 - Memo in Support of Karfunkel's Motion to Dismiss, #7 Exhibit 13 - In re Activision Blizzard Oral Argument Transcript, #8 Exhibit 14 - Kodak's March 16, 2021 10-K, #9 Exhibit 15 - Decision in Miami Firefighters' Relief and Pension Fund v. Icahn, #10 Exhibit 16 - Order in Miami Firefighters' Relief and Pension Fund v. Icahn)(Abraham, Jeffrey)
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Filing 61
Letter filed by Eastman Kodak Company as to George Karfunkel, David E. Bullwinkle, Phillipe D. Katz, Randy Vandagriff, James V. Continenza, Jason New, Roger W. Byrd, Eastman Kodak Company, Richard Todd Bradley re #49 MEMORANDUM. (Nussbaum, Carolyn)
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Filing 60
TEXT ORDER granting #46 Motion for Pro Hac Vice by David M. Zensky. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/16/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 59
TEXT ORDER granting #47 Motion for Pro Hac Vice by Eliot Lauer. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/09/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 58
TEXT ORDER granting #33 Motion for Pro Hac Vice by Mary Grace W. Metcalfe. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/09/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 57
TEXT ORDER granting #32 Motion for Pro Hac Vice by W. Alex Smith. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/09/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 56
TEXT ORDER granting #31 Motion for Pro Hac Vice by Avi Schick. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/09/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 55
TEXT ORDER granting #48 Motion for Pro Hac Vice by Zachary L. Rowen. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/09/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 54
TEXT ORDER granting #43 Motion for Pro Hac Vice by Andrew W. Goldwater. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/09/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 53
TEXT ORDER granting #42 Motion for Pro Hac Vice by Timothy M. Haggerty. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/09/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 52
TEXT ORDER granting #41 Motion for Pro Hac Vice by Julia B. Mosse. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/09/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 51
TEXT ORDER granting #24 Motion for Pro Hac Vice by Michael S. Bosworth. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/09/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 50
DECLARATION re #49 Memorandum in Support of Motion,,, filed by Louis Peters CORRECTED [49-1] Supplemental Declaration of Lee D. Rudy, Esq. in Support of Memorandum of Law in Opposition to Cross-Motion of Herbert Silverberg and in Further Support of his Motion for Consolidation and Appointment of Lead Counsel filed by Louis Peters. (Matarazzo, Hadley)
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E-Filing Notification: Document missing signature in Attachments: # 1 Supplemental Declaration of Lee D. Rudy, Esq. re #49 MEMORANDUM in Support re #2 MOTION to Consolidate Cases. Action required: re-file document with proper signature using the Declaration event and link to #49 . (TF)
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Filing 49
MEMORANDUM in Support re #2 MOTION to Consolidate Cases and Appointment of Lead Plaintiff and Lead Counsel, #3 MOTION to Appoint Counsel and Appointment of Lead Plaintiff (In Opposition to Cross-Motion of Herbert Silverberg) filed by Louis Peters. (Attachments: #1 Supplemental Declaration of Lee D. Rudy, Esq. in Support of Memorandum of Law in Opposition to Cross-Motion of Herbert Silverberg and in Further Support of his Motion for Consolidation and Appointment of Lead Counsel, #2 Exhibit D to Supplemental Declaration of Lee D. Rudy, Esq., #3 Exhibit E to Supplemental Declaration of Lee D. Rudy, Esq., #4 Exhibit F to Supplemental Declaration of Lee D. Rudy, Esq., #5 Exhibit G to Supplemental Declaration of Lee D. Rudy, Esq., #6 Exhibit H to Supplemental Declaration of Lee D. Rudy, Esq., #7 Exhibit I to Supplemental Declaration of Lee D. Rudy, Esq.)(Matarazzo, Hadley)
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Filing 48
MOTION to appear pro hac vice of Zachary L. Rowen ( Filing fee $ 200 receipt number 0209-4413099.) by Richard Todd Bradley. (Attachments: #1 Zachary L. Rowen's Admission Petition Form, #2 Zachary L. Rowen's Admission Sponsor Affidavit, #3 Zachary L. Rowen Attorney's Oath, #4 Zachary L. Rowen's Civility Principles Oath, #5 Zachary L. Rowen's CM/ECF Registration Form)(Hammel, Jeff)
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Filing 47
MOTION to appear pro hac vice on behalf of Eliot Lauer ( Filing fee $ 200 receipt number 0209-4412739.) by Phillipe D. Katz. (Attachments: #1 Admission Petition, #2 Sponsoring Affidavit, #3 Attorney Oath, #4 Civility Principles Oath, #5 CM/ECF Registration Form)(Ferre, Hermann)
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Filing 46
MOTION to appear pro hac vice of David M. Zensky ( Filing fee $ 200 receipt number 0209-4412727.) by Eastman Kodak Company. (Attachments: #1 Supporting Documents)(Nussbaum, Carolyn)
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Filing 45
TEXT ORDER granting #40 Motion for Pro Hac Vice by Joshua J. Card. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/08/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 44
TEXT ORDER granting #39 Motion for Pro Hac Vice by Andrew W. Stern. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/08/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 43
MOTION to appear pro hac vice of Andrew W. Goldwater ( Filing fee $ 200 receipt number 0209-4412488.) by David E. Bullwinkle, Randy Vandagriff. (Attachments: #1 Petition for Admission, #2 Sponsoring Affidavit, #3 Attorney's Oath, #4 Principal Oath, #5 ECF Registration)(Corngold, Eric)
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Filing 42
MOTION to appear pro hac vice of Timothy M. Haggerty ( Filing fee $ 200 receipt number 0209-4412451.) by David E. Bullwinkle, Randy Vandagriff. (Attachments: #1 Petition for Admission, #2 Sponsoring Affidavit, #3 Attorney's Oath, #4 Principal Oath, #5 ECF Registration)(Corngold, Eric)
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Filing 41
MOTION to appear pro hac vice on behalf of Julia B. Mosse ( Filing fee $ 200 receipt number 0209-4411891.) by Phillipe D. Katz. (Attachments: #1 Admission Petition, #2 Sponsoring Affidavit, #3 Attorney Oath, #4 Civility Principles Oath, #5 CM/ECF Registration Form)(Ferre, Hermann)
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Filing 40
MOTION to appear pro hac vice of Joshua J. Card ( Filing fee $ 200 receipt number 0209-4410505.) by Roger W. Byrd.(Mardian, Peter)
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Filing 39
MOTION to appear pro hac vice of Andrew W. Stern ( Filing fee $ 200 receipt number 0209-4410502.) by Roger W. Byrd.(Mardian, Peter)
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Filing 38
NOTICE of Appearance by Peter J Mardian on behalf of Roger W. Byrd (Mardian, Peter)
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Filing 37
TEXT ORDER granting #25 Motion for Pro Hac Vice by Christopher J. Clark. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/04/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 36
TEXT ORDER granting #22 Motion for Pro Hac Vice by Zachary S. Zwillinger. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/04/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 35
TEXT ORDER granting #21 Motion for Pro Hac Vice by John P. Nowak. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/04/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 34
TEXT ORDER granting #20 Motion for Pro Hac Vice by Kevin C. Logue. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/04/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 33
MOTION to appear pro hac vice of Mary Grace W. Metcalfe ( Filing fee $ 200 receipt number 0209-4410288.) by George Karfunkel. (Attachments: #1 Pro Hac Vice Petition and Other Documents)(Aaronson, Matthew)
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Filing 32
MOTION to appear pro hac vice of W. Alex Smith ( Filing fee $ 200 receipt number 0209-4410279.) by George Karfunkel. (Attachments: #1 Pro Hac Vice Petition and Other Documents)(Aaronson, Matthew)
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Filing 31
MOTION to appear pro hac vice of Avi Schick ( Filing fee $ 200 receipt number 0209-4410275.) by George Karfunkel. (Attachments: #1 Pro Hac Vice Petition and Other Documents)(Aaronson, Matthew)
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Filing 30
TEXT ORDER granting #16 Motion for Pro Hac Vice by Stacey A. Greenspan. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/04/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 29
CONTINUATION OF EXHIBITS to #24 MOTION to appear pro hac vice of Michael S. Bosworth ( Filing fee $ 200 receipt number 0209-4409567.) . (Hammel, Jeff)
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Filing 28
TEXT ORDER granting #15 Motion for Pro Hac Vice by Eric L. Zagar. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/04/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 27
TEXT ORDER granting #14 Motion for Pro Hac Vice by Lee D. Rudy. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/04/2021. (MGB)-CLERK TO FOLLOW UP-
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Filing 26
NOTICE of Appearance by Hermann Ferre on behalf of Phillipe D. Katz (Ferre, Hermann)
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Filing 25
MOTION to appear pro hac vice of Christopher J. Clark ( Filing fee $ 200 receipt number 0209-4409576.) by Richard Todd Bradley. (Attachments: #1 Christopher J. Clark's Admission Petition Form, #2 Christopher J. Clark's Admission Sponsor Affidavit, #3 Christopher J. Clark Attorney's Oath, #4 Christopher J. Clark's Civility Principles Oath, #5 Christopher J. Clark's CM/ECF Registration Form)(Hammel, Jeff)
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Filing 24
MOTION to appear pro hac vice of Michael S. Bosworth ( Filing fee $ 200 receipt number 0209-4409567.) by Richard Todd Bradley. (Attachments: #1 Michael S. Bosworth's Admission Petition Form, #2 Michael S. Bosworth's Admission Sponsor Affidavit, #3 Michael S. Bosworth Attorney's Oath, #4 Michael S. Bosworth's Civility Principles Oath, #5 Michael S. Bosworth's CM/ECF Registration Form)(Hammel, Jeff)
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Filing 23
NOTICE of Appearance by Jeff G. Hammel on behalf of Richard Todd Bradley (Hammel, Jeff)
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E-Filing Notification: #24 MOTION to appear pro hac vice of Michael S. Bosworth ACTION REQUIRED: Resubmit the Admission Petition Form indicating type of admission requested. Refile complete document using Docketing Event, Continuation of Exhibits. (DDS)
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Filing 22
MOTION to appear pro hac vice of Zachary S. Zwillinger ( Filing fee $ 200 receipt number 0209-4409342.) by James V. Continenza. (Attachments: #1 Admission Petition, #2 Sponsoring Affidavit, #3 Attorney Oath, #4 Attorney Database & ECF Registration Form, #5 WDNY Civility Principles and Guidelines Oath)(Berris, Katherine)
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Filing 21
MOTION to appear pro hac vice of John P. Nowak ( Filing fee $ 200 receipt number 0209-4409340.) by James V. Continenza. (Attachments: #1 Admission Petition, #2 Sponsoring Affidavit, #3 Attorney Oath, #4 Attorney Database & ECF Registration Form, #5 WDNY Civility Principles and Guidelines Oath)(Berris, Katherine)
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Filing 20
MOTION to appear pro hac vice of Kevin C. Logue ( Filing fee $ 200 receipt number 0209-4409331.) by James V. Continenza. (Attachments: #1 Admission Petition, #2 Sponsoring Affidavit, #3 Attorney Oath, #4 Attorney Database & ECF Registration Form, #5 WDNY Civility Principles and Guidelines Oath)(Berris, Katherine)
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Filing 19
NOTICE of Appearance by Katherine Johnson Berris on behalf of James V. Continenza (Berris, Katherine)
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Filing 18
NOTICE of Appearance by Christina M. Conroy on behalf of Jason New (Conroy, Christina)
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Filing 17
Corporate Disclosure Statement by Eastman Kodak Company. (Nussbaum, Carolyn)
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Filing 16
MOTION to appear pro hac vice of Stacey A. Greenspan, Esq. ( Filing fee $ 200 receipt number 0209-4408194.) by Louis Peters. (Attachments: #1 Admission Petition Form, #2 Admission Sponsor Affidavit, #3 Attorney's Oath, #4 Civility Principles and Guidelines Oath (signature page only), #5 Attorney Database and Electronic Case Filing Registration Form)(Matarazzo, Hadley)
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Filing 15
MOTION to appear pro hac vice of Eric L. Zagar, Esq. ( Filing fee $ 200 receipt number 0209-4408193.) by Louis Peters. (Attachments: #1 Admission Petition Form with Ex. A, #2 Admission Sponsor Affidavit, #3 Attorney's Oath, #4 Civility Principles and Guidelines Oath (signature page only), #5 Attorney Database and Electronic Case Filing Registration Form)(Matarazzo, Hadley)
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Filing 14
MOTION to appear pro hac vice for Lee D. Rudy, Esq. ( Filing fee $ 200 receipt number 0209-4408182.) by Louis Peters. (Attachments: #1 Admission Petition Form with Ex. A, #2 Admission Sponsor Affidavit, #3 Attorney's Oath, #4 Civility Principles and Guidelines Oath (signature page only), #5 Attorney Database and Electronic Case Filing Registration Form)(Matarazzo, Hadley)
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Filing 13
NOTICE of Appearance by Matthew J. Aaronson on behalf of George Karfunkel (Aaronson, Matthew)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Filing 12
NOTICE of Appearance by Stephanie Lindemuth on behalf of Eastman Kodak Company (Lindemuth, Stephanie)
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Filing 11
NOTICE of Appearance by Carolyn G. Nussbaum on behalf of Eastman Kodak Company (Nussbaum, Carolyn)
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Filing 10
NOTICE of Appearance by Richard A. McGuirk on behalf of Eastman Kodak Company (McGuirk, Richard)
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Filing 9
NOTICE of Appearance by Eric Owen Corngold on behalf of David E. Bullwinkle, Randy Vandagriff (Corngold, Eric)
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Filing 8
TEXT ORDER re #5 Stipulation filed by the parties. Counsel for any defendant who endorsed the stipulation but has not yet appeared in this matter must file a notice of appearance on or before November 8, 2021. Any defendant wishing to submit a response to the motion to consolidate and motions for appointment of lead plaintiff and lead counsel must do so on or before November 8, 2021. Plaintiff's counsel shall serve a copy of this Text Order on counsel for any defendant who has not yet appeared in this matter. Signed by Hon. Elizabeth A. Wolford on 10/25/2021. (MGB)
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Filing 7
STIPULATION AND ORDER regarding deadline to respond to complaint. Signed by Hon. Elizabeth A. Wolford on 10/25/2021. (MGB)
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Filing 6
STIPULATION AND ORDER regarding briefing schedule. Signed by Hon. Elizabeth A. Wolford on 10/25/2021. (MGB)
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Filing 5
STIPULATION and [Proposed Order] Regarding Deadline to Respond by James V. Continenza. (Zwillinger, Zachary)
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Filing 4
STIPULATION Regarding Briefing Schedule re #2 Motion for Consolidation and Appointment by Louis Peters. (Matarazzo, Hadley)
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Filing 3
MOTION to Appoint Counsel and Appointment of Lead Plaintiff by Herbert Silverberg. (Attachments: #1 Declaration of Michael J. Klein, #2 Exhibit 1 - NY AG Filings, #3 Exhibit 2 - Peters Docket Sheet, #4 Exhibit 3 - July 2020 Forms 4, #5 Exhibit 4 - Silverberg Declaration, #6 Exhibit 5 - Dendreon Transcript, #7 Exhibit 6 - KTMC Website Page, #8 Exhibit 7 - Kodak Bylaws, #9 Exhibit 8 - AF&T Resume, #10 Memorandum in Support of Silverbergs Cross-Motion, for Organizing the Two Related Shareholder Derivative Actions and in Response to the Peters Motion, #11 Text of Proposed Order)(Klein, Michael)
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Filing 2
MOTION to Consolidate Cases and Appointment of Lead Plaintiff and Lead Counsel by Louis Peters. (Attachments: #1 Declaration Declaration of Lee D. Rudy, Esq., #2 Exhibit Exhibit A to Declaration of Lee D. Rudy, Esq., #3 Exhibit Exhibit B to Declaration of Lee D. Rudy, Esq., #4 Exhibit Exhibit C to Declaration of Lee D. Rudy, Esq., #5 Memorandum in Support, #6 Proposed Order)(Matarazzo, Hadley)
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Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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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. (TMK)
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Filing 1
COMPLAINT against All Defendants $ 402 receipt number 0209-4378964, filed by LOUIS PETERS, Derivatively on Behalf of Nominal Defendant EASTMAN KODAK COMPANY. (Attachments: #1 Exhibit A [8.13.20 demand], #2 Exhibit B [9.15.20 SC Report], #3 Exhibit C [11.6.20 Demand response], #4 Compl. Exhibit D [9.24.21 Def Status Rpt], #5 Civil Cover Sheet with Attachments)(Matarazzo, Hadley)
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