PLYMOUTH COUNTY RETIREMENT SYSTEM v. PRIMO WATER CORPORATION, et al
PLYMOUTH COUNTY RETIREMENT ASSOCIATION |
PRIMO WATER CORPORATION, BILLY D. PRIM, MARK CASTANEDA, DAVID J. MILLS, RICHARD A. BRENNER, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID L. WARNOCK, JACK C. KILGORE, CULLIGAN INTERNATIONAL COMPANY, ANDREW J. FILIPOWSKI, CARL V. SANTOIEMMO, STIFEL, NICOLAUS & COMPANY, INC., BB&T CAPITAL MARKETS, JANNEY MONTGOMERY SCOTT LLC and SIGNAL HILL CAPITAL GROUP LLC |
EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS |
1:2011cv01068 |
December 2, 2011 |
US District Court for the Middle District of North Carolina |
NCMD Office |
Forsyth |
L PATRICK AULD |
THOMAS D SCHROEDER |
Securities/Commodities |
15 U.S.C. § 77 |
Plaintiff |
Docket Report
This docket was last retrieved on August 14, 2013. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 81 JUDGMENT signed by JUDGE THOMAS D. SCHROEDER on 08/14/2013, that the motions to dismiss of Defendants Billy D. Prim, Mark Castaneda, David J. Mills, Richard A. Brenner, David W. Dupree, Malcolm McQuilkin, and David L. Warnock (Doc. 58) and Defendants Stifel, Nicolaus & Company, Inc., BB&T Capital Markets, Janney Montgomery Scott LLC, and Signal Hill Capital Group LLC (Doc. #56 ) are GRANTED, and Plaintiffs' claims against them are DISMISSED WITH PREJUDICE.(Taylor, Abby) |
Filing 80 MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 08/14/2013. For the reasons stated, the court finds that Plaintiffs have failed to state a claim upon which relief can be granted against the Primo Defendants or the Underwriter Defendants under Sections 11, 12(a)(2), and 15 of the 1933 Act and Sections 10(b) and 20(a) of the 1934 Act, because the challenged statements are not material misrepresentations or omissions of material fact. Further, many of these same statements are forward-looking and protected by the PSLRA's safe harbor. Thus, dismissal of the amended complaint is appropriate. ORDERED that Plaintiffs' motion to strike portions of the Primo Defendants' exhibits (Doc. #64 ) is GRANTED as to Appendix (Doc. #60 ) pages 687-90 and 772-73 and DENIED as moot as to pages 774-92. FURTHER that the motions to dismiss of the Primo Defendants (Doc. #58 ) and the Underwriter Defendants (Doc. #56 ) are GRANTED, and Plaintiffs' claims against them are DISMISSED WITH PREJUDICE. A Judgment consistent with this Memorandum Opinion and Order will issue separately.(Taylor, Abby) |
Filing 79
Transcript of Proceedings held on 5/16/13, before Judge Thomas D.Schroeder. Court Reporter Briana L. Nesbit, Telephone number 336-734-2514. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.
|
Filing 78 NOTICE by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION re #66 Response in Opposition to Motion, #65 Memorandum, #64 MOTION to Strike #60 Appendix,,, Extraneous Documents and References Thereto in the Primo Defendants' Motion to Dismiss, #67 Response in Opposition to Motion, of Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(ROBBINS, ROBERT) |
Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER: Oral Argument held on 5/16/2013. Attorneys Leslie McDaniel, Evan Kaufman, and Kathleen Barber, Esq. appeared for the Plaintiff. Attorneys Mehta, Greene, and McIntosh appeared for the Primo Defendants and Attorneys Ey and Pearson appeared for the Underwriter Defendants. The court heard the arguments of counsel; matter taken under advisement; written opinion forthcoming. (Court Reporter Briana Nesbit.) (Solomon, Dianne) |
Filing 77 NOTICE by RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK re #58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Subsequently Decided Authority (MEHTA, KIRAN) |
Filing 76 ORDER signed by JUDGE THOMAS D. SCHROEDER on 03/18/2013, that the hearing is rescheduled to May 16, 2013, at 2:00 p.m. in Winston-Salem, North Carolina in Courtroom No. 2. (Taylor, Abby) |
Reset Motion Hearing: Motion Hearing reset for 5/16/2013 at 2:00 PM in Winston-Salem Courtroom #2. (Taylor, Abby) |
Filing 75 MOTION to Continue Hearing on Defendants' Motion to Dismiss and Plaintiffs' Motion to Strike (CORRECTED) by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION. (Attachments: #1 Text of Proposed Order)(GEORGE, DAVID) |
Motions Submitted: #75 MOTION to Continue Hearing on Defendants' Motion to Dismiss and Plaintiffs' Motion to Strike (CORRECTED) to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne) |
Filing 73 NOTICE of Hearing: Motion Hearing set for 3/29/2013 10:00 AM in Winston-Salem Courtroom #2 before JUDGE THOMAS D. SCHROEDER. (Solomon, Dianne) |
Motions Submitted: #64 MOTION to Strike #60 Appendix,,, Extraneous Documents and References Thereto in the Primo Defendants' Motion to Dismiss, #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne) |
Filing 72 Reply BRIEF re #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants BB&T CAPITAL MARKETS, JANNEY MONTGOMERY SCOTT LLC, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC. filed by BB&T CAPITAL MARKETS, JANNEY MONTGOMERY SCOTT LLC, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC.. (EY, DOUGLAS) |
Filing 71 REPLY, filed by Defendants RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK, to Response to #58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK. (MEHTA, KIRAN) |
Motions Referred: RE: #70 MOTION for Extension of Time to File Response/Reply as to #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to MAG/JUDGE L. PATRICK AULD (Solomon, Dianne) |
TEXT ORDER granting #70 Motion for Extension of Time. Defendants shall file any Replies as to #56 Motion to Dismiss and #58 Motion to Dismiss by 02/01/2013. Issued by MAG/JUDGE L. PATRICK AULD on 01/16/2013. (AULD, L.) |
Filing 70 MOTION for Extension of Time to File Response/Reply as to #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK. (Attachments: #1 Text of Proposed)(MEHTA, KIRAN) |
Filing 69 REPLY to Response to #64 MOTION to Strike #60 Appendix, Extraneous Documents and References Thereto in the Primo Defendants' Motion to Dismiss filed by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION. (ROBBINS, ROBERT) Modified on 12/26/2012 TO CHANGE TITLE OF TEXT (Taylor, Abby). |
Filing 68 RESPONSE to Motion to Strike filed by Defendants RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION re #64 MOTION to Strike #60 Appendix Extraneous Documents and References Thereto in the Primo Defendants' Motion to Dismiss filed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION, EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS filed by RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION. Replies due by 12/24/2012. (MEHTA, KIRAN) |
Filing 67 MEMORANDUM in support of #66 RESPONSE in Opposition re #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #57 Brief Plaintiffs' Memorandum Of Law In Opposition To The Underwriter Defendants' Motion To Dismiss filed by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION. (ROBBINS, ROBERT) |
Filing 66 RESPONSE in Opposition re #60 Appendix, #59 Memorandum, #58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Opposition to Primo Defendants' Motion To Dismiss And Memorandum In Support of Motion To Dismiss filed by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION. Replies due by 11/30/2012. (ROBBINS, ROBERT) |
Filing 65 MEMORANDUM filed by Movant EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, Plaintiff PLYMOUTH COUNTY RETIREMENT ASSOCIATION re #64 MOTION to Strike #60 Appendix, Extraneous Documents and References Thereto in the Primo Defendants' Motion to Dismiss filed by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION. (ROBBINS, ROBERT) |
Filing 64 MOTION to Strike #60 Appendix, Extraneous Documents and References Thereto in the Primo Defendants' Motion to Dismiss by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION. Responses due by 12/7/2012 (ROBBINS, ROBERT) |
TEXT ORDER granting #63 Motion for Extension of Time. Plaintiffs shall file any responses to #56 Motion to Dismiss and #58 Motion to Dismiss by 11/13/2012 and Defendants shall file any replies thereto by 01/25/2013. Issued by MAG/JUDGE L. PATRICK AULD on 10/24/2012. (AULD, L.) |
Motions Referred: RE: #63 Second MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss, to MAG/JUDGE L. PATRICK AULD (Solomon, Dianne) |
Filing 63 Second MOTION for Extension of Time to File Response to Defendants' Motions to Dismiss by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION. (GEORGE, DAVID) |
Set/Response and Reply Deadlines: re #58 MOTION TO DISMISS FOR AILURE TO STATE A CLAIM , #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Responses due by 11/1/2012 Replies due by 11/14/2012. (Taylor, Abby) |
Set/Reset Motion and R&R Deadlines/Hearings re #58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Responses due by 11/1/2012 Replies due by 1/14/2013. (Garrett, Kim) |
TEXT ORDER granting #62 Motion for Extension of Time. Any response by Plaintiffs to #56 Motion to Dismiss and #58 Motion to Dismiss shall be filed by 11/01/2012. Any reply by Defendants to any such response(s) shall be filed by 1/14/2013. Issued by MAG/JUDGE L. PATRICK AULD on 09/25/2012. (AULD, L.) Modified on 9/26/2012 to edit deadline per Judge Auld (Garrett, Kim). |
Filing 62 MOTION for Extension of Time to Respond to Defendants' Motions to Dismiss by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION. (Attachments: #1 Text of Proposed Order)(GEORGE, DAVID) |
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 61 MOTION for Extension of Time to Respond to Defendants' Motions to Dismiss. Document lacks electronic signature of filing attorney David George. Refile Motion with electronic signature /s/ of filing attorney David George. (Taylor, Abby) |
Motions Referred: RE: #62 MOTION for Extension of Time to Respond to Defendants' Motions to Dismiss to MAG/JUDGE L. PATRICK AULD (Solomon, Dianne) |
Filing 60 APPENDIX re #59 Memorandum, #58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK. (Attachments: #1 Appendix A - Part 1 - IPO, #2 Appendix A - Part 2 - IPO, #3 Appendix A - Part 3 - IPO, #4 Appendix B - Part 1 - Secondary Offering, #5 Appendix B - Part 2 - Secondary Offering, #6 Appendix C - 10-K for December 2010, #7 Appendix D - 10-Q for June 2011, #8 Appendix E - 8-Ks, #9 Appendix F - Press Releases, #10 Appendix G - Earnings Call Transcripts, #11 Appendix H - Press and Analyst Reports (pages 687-690 STRICKEN), #12 Appendix I - DataShark (pages 772-773 STRICKEN), #13 Appendix J - Spreadsheet of Prim holdings with Form 4s, #14 Appendix K - Spreadsheet of Primo insider stock with Form 4s)(MEHTA, KIRAN) Modified on 8/15/2013 to add text per pleading no. #80 MEMORANDUN OPINION AND ORDER (Taylor, Abby). |
Filing 59 MEMORANDUM filed by Defendants RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK re #58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK. (MEHTA, KIRAN) |
Filing 58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK. Responses due by 9/17/2012 (MEHTA, KIRAN) |
Filing 57 Supporting BRIEF re #56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (EY, DOUGLAS) |
Filing 56 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BB&T CAPITAL MARKETS, JANNEY MONTGOMERY SCOTT LLC, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC.. Responses due by 9/17/2012 (EY, DOUGLAS) |
Motions Referred: RE: #55 Consent MOTION for Leave to File Excess Pages (for Further Adjustment of Page Limits), to MAG/JUDGE L. PATRICK AULD (Solomon, Dianne) |
TEXT ORDER granting in part #55 Unopposed Motion for Further Adjustment of Page Limits in that: 1) the page limitation for the brief in support of any motion to dismiss by the Primo Defendants shall be extended to fifty (50) pages; 2) the page limitation for any response by Plaintiffs to any such motion to dismiss shall be extended to fifty (50) pages; and 3) the page limitation for any reply by the Primo Defendants to any such response shall be extended to twenty-five (25) pages. Issued by MAG/JUDGE L. PATRICK AULD on 08/16/2012. (AULD, L.) |
Filing 55 Consent MOTION for Leave to File Excess Pages (for Further Adjustment of Page Limits) by RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK. (Attachments: #1 Text of Proposed Order Granting Motion for Further Adjustment of Page Limits)(MEHTA, KIRAN) |
TEXT ORDER granting #54 Joint Motion for an Extension of Page Limits as follows: 1) the page limitation for the brief in support of any motion to dismiss by the Primo Defendants shall be extended to forty (40) pages; 2) the page limitation for any response by Plaintiffs to any such motion to dismiss shall be extended to forty (40) pages; and 3) the page limitation for any reply by the Primo Defendants to any such response shall be extended to twenty (20) pages. Although the Court has granted the substantial expansion of briefing space requested by the parties, the Court encourages the parties to endeavor not to use all of the available pages. Issued by MAG/JUDGE L. PATRICK AULD on 11cv1068. (AULD, L.) |
Motions No Longer Referred to MAG/JUDGE L. PATRICK AULD #54 Joint MOTION for Leave to File Excess Pages (Taylor, Abby) |
Motions Referred: RE: #54 Joint MOTION for Leave to File Excess Pages , to MAG/JUDGE L. PATRICK AULD (Solomon, Dianne) |
Filing 54 Joint MOTION for Leave to File Excess Pages by RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, MALCOLM MCQUILKIN, DAVID J. MILLS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK. Responses due by 8/27/2012 (Attachments: #1 Text of Proposed Order Granting Joint Motion for an Extension of Page Limits)(MEHTA, KIRAN) |
TEXT ORDER granting in part #53 Motion to Amend Caption in that the Clerk shall administratively terminate Defendants Jack C. Kilgore, Culligan International Company, Andrew J. Filipowski, and Carl V. Santoiemmo as Defendants in light of their omission from #52 Amended Class Action Complaint, in that full citations of the case caption no longer need include the administratively-terminated defendants, and in that the parties generally may conserve space in future filings by identifying only the first named defendant followed by the phrase et al. Issued by MAG/JUDGE L. PATRICK AULD on 07/02/2012. (AULD, L.) |
Motions No Longer Referred to MAG/JUDGE L. PATRICK AULD #53 MOTION for an Order Directing the Clerk to Change the Caption Unopposed Motion for an Order Directing the Clerk to Change the Caption (Taylor, Abby) |
Motions Referred: RE: #53 MOTION for an Order Directing the Clerk to Change the Caption Unopposed Motion for an Order Directing the Clerk to Change the Caption, to MAG/JUDGE L. PATRICK AULD (Solomon, Dianne) |
Filing 53 MOTION for an Order Directing the Clerk to Change the Caption Unopposed Motion for an Order Directing the Clerk to Change the Caption by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION. Responses due by 7/23/2012 (Attachments: #1 Text of Proposed Order)(GEORGE, DAVID) |
Filing 52 AMENDED COMPLAINT Amended Class Action Complaint for Violations of The Federal Securities Laws against defendant All Defendants, filed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION.(ROBBINS, ROBERT) |
Motions No Longer Referred to MAG/JUDGE L. PATRICK AULD #51 MOTION for Extension of Time to File Amended Complaint and Defendants' Response Thereto (Taylor, Abby) |
NOTICE to Robert Robbins, Esq. re #51 MOTION for Extension of Time to File Amended Complaint and Defendants' Response Thereto. Counsel is directed to send a Proposed Order in an editable format compatible with WordPerfect to jschroeder@ncmd.uscourts.gov (Solomon, Dianne) |
Motions Referred: #51 MOTION for Extension of Time to File Amended Complaint and Defendants' Response Thereto to MAG/JUDGE L. PATRICK AULD- (Solomon, Dianne) |
TEXT ORDER granting #51 Motion for Extension of Time. Lead Plaintiff has up to and including June 22, 2012 and October 22, 2012, respectively, to file the Amended Complaint and any opposition to the response by Defendants thereto. Defendants have up to and including August 23, 2012 and December 21, 2012, respectively, to file any response to the Amended Complaint and any reply toany opposition filed by Lead Plaintiff. Issued by MAG/JUDGE L. PATRICK AULD on 06/11/2012. (AULD, L.) |
Filing 51 MOTION for Extension of Time to File Amended Complaint and Defendants' Response Thereto by EMPLOYEES' RETIREMENT SYSTEM OF THE GOVERNMENT OF THE VIRGIN ISLANDS. (Attachments: #1 Text of Proposed Order) (ROBBINS, ROBERT) |
Filing 50 ORDER granting #42 Joint Motion to Establish Deadlines for Filing Amended Complaint and Defendants' Responses Thereto as set out. Signed by JUDGE THOMAS D. SCHROEDER on 4/13/2012. (Solomon, Dianne) |
Filing 49 ORDER APPOINTING LEAD PLAINTIFF AND COUNSEL as to #32 Motion to Appoint Lead Plaintiff and Approval of Selection of Counsel. IT IS ORDERED that the Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel (Doc. #32 ) is GRANTED, and VI Retirement System is appointed lead Plaintiff, pursuant to 15 U.S.C. 78u-4(a)(3)(B)(iii). IT IS FURTHER ORDERED that lead Plaintiff's selection of Robbins Geller Rudman & Dowd LLP as lead counsel and McDaniel & Anderson, LLP, as liaison counsel is APPROVED, pursuant to 15 U.S.C. 78u-4(a)(3)(B)(v). Signed by JUDGE THOMAS D. SCHROEDER on 4/13/2012. (Solomon, Dianne) |
Motions No Longer Submitted #32 MOTION to Appoint Lead Plaintiff MOTION to Appoint Counsel, #42 JOINT MOTION to Establish Deadlines for Filing Amended Complaint and Defendants' Responses Thereto (Solomon, Dianne) |
Filing 48 Corporate Disclosure Statement by CULLIGAN INTERNATIONAL COMPANY identifying Corporate Parent Culligan Holding Company, Corporate Parent Culligan Holding Company B.V., Corporate Parent Culligan Holding S.ar.l., Corporate Parent Culligan International S.ar.l., Corporate Parent Culligan Investments S.as.l., Corporate Parent Culligan Ltd. for CULLIGAN INTERNATIONAL COMPANY.. (RULEY, DANIEL) |
Filing 47 Corporate Disclosure Statement by PRIMO WATER CORPORATION. (MEHTA, KIRAN) |
Filing 46 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendants BB&T CAPITAL MARKETS, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC., JANNEY MONTGOMERY SCOTT LLC by BB&T CAPITAL MARKETS, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC., JANNEY MONTGOMERY SCOTT LLC.(PEARSON, R.) |
Filing 45 NOTICE of Association of Attorney by THOMAS S. BABEL on behalf of Defendant CARL V. SANTOIEMMO (BABEL, THOMAS) |
Filing 44 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant CARL V. SANTOIEMMO (BABEL, THOMAS) |
Filing 43 NOTICE of Appearance by attorney THOMAS S. BABEL on behalf of Defendant CARL V. SANTOIEMMO (BABEL, THOMAS) |
Motions Submitted: #32 MOTION to Appoint Lead Plaintiff MOTION to Appoint Counsel, #42 JOINT MOTION to Establish Deadlines for Filing Amended Complaint and Defendants' Responses Thereto to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne) |
Filing 42 JOINT MOTION to Establish Deadlines for Filing Amended Complaint and Defendants' Responses Thereto by BB&T CAPITAL MARKETS, RICHARD A. BRENNER, MARK CASTANEDA, CULLIGAN INTERNATIONAL COMPANY, DAVID W. DUPREE, ANDREW J. FILIPOWSKI, JANNEY MONTGOMERY SCOTT LLC, JACK C. KILGORE, MALCOLM MCQUILKIN, DAVID J. MILLS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION, BILLY D. PRIM, PRIMO WATER CORPORATION, CARL V. SANTOIEMMO, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC., DAVID L. WARNOCK. (Attachments: #1 Text of Proposed Order)(KAUFMAN, EVAN) |
Filing 41 AFFIDAVIT OF SERVICE as to CARL V. SANTOIEMMO served on 2/25/2012, answer due 3/19/2012. (KAUFMAN, EVAN) |
Case Reassigned to MAG/JUDGE L. PATRICK AULD. MAG/JUDGE P. TREVOR SHARP no longer assigned to the case. (Williamson, Wanda) |
Filing 40 Joint MOTION for Stipulation re #1 Complaint, by ANDREW J. FILIPOWSKI. Responses due by 3/23/2012. (Attachments: #1 Text of Proposed Order) (HEYL, JONATHAN) |
Filing 39 NOTICE of Appearance by attorney JONATHAN P. HEYL on behalf of Defendant ANDREW J. FILIPOWSKI (HEYL, JONATHAN) |
Filing 38 RESPONSE of Underwriter Defendants to #32 MOTION to Appoint Lead Plaintiff MOTION to Appoint Counsel filed by Employees' Retirement System of the Government of the Virgin Islands. Replies due by 3/12/2012. (EY, DOUGLAS) Modified on 3/1/2012 to remove duplicate text. (Daniel, J) |
Filing 37 AFFIDAVIT OF SERVICE as to ANDREW J. FILIPOWSKI served on 2/8/2012, answer due 2/29/2012. (KAUFMAN, EVAN) |
Filing 36 AFFIDAVIT OF SERVICE as to ANDREW J. FILIPOWSKI served on 2/3/2012, answer due 2/24/2012. (KAUFMAN, EVAN) |
Filing 35 RESPONSE by Primo Defendants to Employee Retirement System of the Government of the Virgin Islands' Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel filed by Defendants RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, JACK C. KILGORE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK re #32 MOTION to Appoint Lead Plaintiff MOTION to Appoint Counsel filed by Employees' Retirement System of the Government of the Virgin Islands filed by RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, JACK C. KILGORE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK. Replies due by 3/12/2012. (MEHTA, KIRAN) |
Filing 34 AFFIDAVIT in Support re #32 MOTION to Appoint Lead Plaintiff MOTION to Appoint Counsel filed by Employees' Retirement System of the Government of the Virgin Islands. Replies due by 2/17/2012. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(MCDANIEL, LESLIE) |
Filing 33 MEMORANDUM filed by Movant Employees' Retirement System of the Government of the Virgin Islands re #32 MOTION to Appoint Lead Plaintiff MOTION to Appoint Counsel filed by Employees' Retirement System of the Government of the Virgin Islands. (MCDANIEL, LESLIE) |
Filing 32 MOTION to Appoint Lead Plaintiff (), MOTION to Appoint Counsel ( Responses due by 2/24/2012) by Employees' Retirement System of the Government of the Virgin Islands. (Attachments: #1 Text of Proposed Order)(MCDANIEL, LESLIE) |
Filing 31 AFFIDAVIT OF SERVICE as to CULLIGAN INTERNATIONAL COMPANY served on 12/30/2011, answer due 1/20/2012. (KAUFMAN, EVAN) |
Filing 30 AFFIDAVIT OF SERVICE as to BB&T CAPITAL MARKETS served on 1/19/2012, answer due 2/9/2012. (KAUFMAN, EVAN) |
Filing 29 AFFIDAVIT OF SERVICE as to STIFEL, NICOLAUS & COMPANY, INC. served on 12/30/2011, answer due 1/20/2012. (KAUFMAN, EVAN) |
Filing 28 AFFIDAVIT OF SERVICE as to JANNEY MONTGOMERY SCOTT LLC served on 12/30/2011, answer due 1/20/2012. (KAUFMAN, EVAN) |
Filing 27 WAIVER OF SERVICE Returned Executed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION. JACK C. KILGORE waiver sent on 12/6/2011, answer due 2/6/2012. (KAUFMAN, EVAN) |
Filing 26 WAIVER OF SERVICE Returned Executed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION. DAVID L. WARNOCK waiver sent on 12/6/2011, answer due 2/6/2012. (KAUFMAN, EVAN) |
Filing 25 WAIVER OF SERVICE Returned Executed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION. MALCOLM MCQUILKIN waiver sent on 12/6/2011, answer due 2/6/2012. (KAUFMAN, EVAN) |
Filing 24 WAIVER OF SERVICE Returned Executed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION. DAVID W. DUPREE waiver sent on 12/6/2011, answer due 2/6/2012. (KAUFMAN, EVAN) |
Filing 23 WAIVER OF SERVICE Returned Executed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION. RICHARD A. BRENNER waiver sent on 12/6/2011, answer due 2/6/2012. (KAUFMAN, EVAN) |
Filing 22 WAIVER OF SERVICE Returned Executed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION. DAVID J. MILLS waiver sent on 12/6/2011, answer due 2/6/2012. (KAUFMAN, EVAN) |
Filing 21 WAIVER OF SERVICE Returned Executed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION. MARK CASTANEDA waiver sent on 12/6/2011, answer due 2/6/2012. (KAUFMAN, EVAN) |
Filing 20 WAIVER OF SERVICE Returned Executed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION. BILLY D. PRIM waiver sent on 12/6/2011, answer due 2/6/2012. (KAUFMAN, EVAN) |
Filing 19 WAIVER OF SERVICE Returned Executed by PLYMOUTH COUNTY RETIREMENT ASSOCIATION. PRIMO WATER CORPORATION waiver sent on 12/6/2011, answer due 2/6/2012. (KAUFMAN, EVAN) |
Filing 18 NOTICE of Appearance by attorney EVAN J. KAUFMAN on behalf of Plaintiff PLYMOUTH COUNTY RETIREMENT ASSOCIATION (KAUFMAN, EVAN) |
Filing 17 ORDER signed by MAG/JUDGE P. TREVOR SHARP on 01/30/2012. The Court has reviewed the Stipulation submitted by the parties. IT IS HEREBY ORDERED that the Stipulation is approved. See Docket No. #14 .(Taylor, Abby) |
Filing 16 ORDER signed by MAG/JUDGE P. TREVOR SHARP on 01/30/2012. The Court has reviewed the Stipulation submitted by the parties. IT IS HEREBY ORDERED that the Stipulation is approved. See Docket No. #7 . (Taylor, Abby) |
CASE REFERRED to MAG/JUDGE P. TREVOR SHARP- (Solomon, Dianne) |
Filing 15 NOTICE of Appearance by attorney DOUGLAS W. GREENE on behalf of Defendants RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, JACK C. KILGORE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK (GREENE, DOUGLAS) |
NOTICE of Docket Text/Event Modification re #7 Stipulation, #14 Stipulation : Restricted public access; Attorneys, Daniel Ruley and Kiran Mehta advised to email proposed Stipulations to Judge Schroeder. (Taylor, Abby) |
Filing 14 STIPULATION re #1 Complaint,, and Order by CULLIGAN INTERNATIONAL COMPANY. (RULEY, DANIEL) |
Filing 13 NOTICE by CULLIGAN INTERNATIONAL COMPANY of Appearance of Additional Counsel (Mark P. Goodman) for Defendant Culligan International Company (RULEY, DANIEL) |
Filing 12 NOTICE by CULLIGAN INTERNATIONAL COMPANY of Appearance of Additional Counsel (Michael T. Leigh) for Defendant Culligan International Company (RULEY, DANIEL) |
Filing 11 NOTICE of Appearance by attorney DANIEL ALAN M. RULEY on behalf of Defendant CULLIGAN INTERNATIONAL COMPANY (RULEY, DANIEL) |
Filing 10 NOTICE of Appearance by attorney R. MATTHEW PEARSON on behalf of Defendants BB&T CAPITAL MARKETS, JANNEY MONTGOMERY SCOTT LLC, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC. (PEARSON, R.) |
Filing 9 NOTICE of Appearance by attorney MARK W. KINGHORN on behalf of Defendants BB&T CAPITAL MARKETS, JANNEY MONTGOMERY SCOTT LLC, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC. (KINGHORN, MARK) |
Filing 8 NOTICE of Appearance by attorney DOUGLAS WILLIAM EY, JR on behalf of Defendants BB&T CAPITAL MARKETS, JANNEY MONTGOMERY SCOTT LLC, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC. (EY, DOUGLAS) |
Filing 7 STIPULATION and Order by BB&T CAPITAL MARKETS, RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, JANNEY MONTGOMERY SCOTT LLC, JACK C. KILGORE, MALCOLM MCQUILKIN, DAVID J. MILLS, PLYMOUTH COUNTY RETIREMENT ASSOCIATION, BILLY D. PRIM, PRIMO WATER CORPORATION, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC., DAVID L. WARNOCK. (MEHTA, KIRAN) |
Filing 6 NOTICE of Appearance by attorney MOLLY LEIGH MCINTOSH on behalf of Defendants RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, JACK C. KILGORE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK (MCINTOSH, MOLLY) |
Filing 5 NOTICE of Appearance by attorney KIRAN H. MEHTA on behalf of Defendants RICHARD A. BRENNER, MARK CASTANEDA, DAVID W. DUPREE, JACK C. KILGORE, MALCOLM MCQUILKIN, DAVID J. MILLS, BILLY D. PRIM, PRIMO WATER CORPORATION, DAVID L. WARNOCK (MEHTA, KIRAN) |
Case Assigned to JUDGE THOMAS D. SCHROEDER and MAG/JUDGE P. TREVOR SHARP. (Sheets, Jamie) |
Filing 4 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Sheets, Jamie) |
Filing 3 Summons Issued as to PRIMO WATER CORPORATION and all other Defendants. (Attachments: #1 Summons - Prim, #2 Summons - Castaneda, #3 Summons - Mills, #4 Summons - Brenner, #5 Summons - Dupree, #6 Summons - McQuilkin, #7 Summons - Warnock, #8 Summons - Kilgore, #9 Summons - Culligan International, #10 Summons - Filipowski, #11 Summons - Santoiemmo, #12 Summons - Stifel, Nicolaus, #13 Summons - BB&T Capital, #14 Summons - Janney Montegomery, #15 Summons - Signal Hill) (Sheets, Jamie) |
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (Sheets, Jamie) |
Filing 2 CIVIL COVER SHEET. (MCDANIEL, LESLIE) Modified on 12/5/2011 to reflect correct document title. (Sheets, Jamie) |
Filing 1 COMPLAINT against BB&T CAPITAL MARKETS, RICHARD A. BRENNER, MARK CASTANEDA, CULLILGAN INTERNATIONAL COMPANY, DAVID W. DUPREE, ANDREW J. FILIPOWSKI, JANNEY MONTGOMERY SCOTT LLC, JACK C. KILGORE, MALCOLM MCQUILKIN, DAVID J. MILLS, PRIMO WATER CORPORATION, BILLY D. PRIM, CARL V. SANTOIEMMO, SIGNAL HILL CAPITAL GROUP LLC, STIFEL, NICOLAUS & COMPANY, INC., DAVID L. WARNOCK (Filing fee $ 350 receipt number 0418-1027110), filed by PLYMOUTH COUNTY RETIREMENT SYSTEM. (Attachments: #1 Certification) (MCDANIEL, LESLIE) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.