Bud and Sue Frashier Family Trust v. Apker et al
| Bud and Sue Frashier Family Trust |
| E. James Ferland, Jenny L. Apker, Thomas A. Christopher, Anne R. Pramaggiore, Stephen G. Hanks, Cynthia S. Dubin, Brian K. Ferraioli and Larry L. Weyers |
| Babcock & Wilcox Enterprises, Inc. |
| 3:2018cv00350 |
| July 2, 2018 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| XX, Outside District |
| Max O Cogburn |
| David Keesler |
| Stockholders Suits |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 25 Case transferred in from District of Delaware; Case Number 1:18-cv-00305. Original electronic file and docket sheet received. |
| Case assigned to District Judge Max O. Cogburn, Jr and Magistrate Judge David Keesler. (Consolidated with 3:18cv347) This is your only notice - you will not receive a separate document.(tmg) |
| Cases associated: Create association to 3:18-cv-00347-MOC-DCK. (tmg) |
| Pro Hac Vice Attorney Craig W. Smith and Steven R. Wedeking for Bud and Sue Frashier Family Trust added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) [Transferred from Delaware on 7/2/2018.] |
Filing 24
ORDER approving in part (5 in 1:18-cv-00282-MAK, 23 in 1:18-cv-00305-MAK, 5 in 1:18-cv-00281-MAK) STIPULATION and ORDER Consolidating Related Derivative Actions and Appointing Co-Lead and Co-Liaison Counsel for Plaintiffs. We designate Plaintiff's Co-Lead counsel as Brian J. Robbins, Esq., Craig W. Smith, Esq. and Steven R. Wedeking, Esq. of Robbins Arroyo LLP and Timothy W. Brown, Esq. of The Brown Law Firm, P.C. We designate Plaintiff's Co- Liaison Delaware counsel as Brian E. Farnan, Esq. and Michael J. Farnan, Esq. of Farnan LLP and Blake A. Bennett, Esq. of Cooch and Taylor, P.A. These cases are CONSOLIDATED for all purposes, including all further filings, into one consolidated action under the lead case No. 18-281. Plaintiffs shall file a Consolidated Complaint no later than May 25, 2018 with a response to the Consolidated Complaint due no later than June 18,2018. Signed by Judge Mark A. Kearney on 4/23/2018. Associated Cases: 1:18-cv-00281-MAK, 1:18-cv-00282-MAK, 1:18-cv-00305-MAK(nmfn) [Transferred from Delaware on 7/2/2018.]
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| Case associated with lead case: Create association to 1:18-cv-00281-MAK. ALL FUTURE FILINGS SHALL BE MADE IN LEAD CASE NO. 18-CV-281-MAK ONLY. (nmfn) [Transferred from Delaware on 7/2/2018.] |
| Case Reassigned to Judge Mark A. Kearney of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MAK) after the case number on all documents filed. Associated Cases: 1:18-cv-00281-MAK, 1:18-cv-00282-MAK, 1:18-cv-00305-MAK (rjb) [Transferred from Delaware on 7/2/2018.] |
| Filing 23 STIPULATION and [Proposed] Order Consolidating Related Derivative Actions and Appointing Co-Lead and Co-Liaison Counsel for Plaintiffs by Dan Hegeman, Mike Deangelis. (Attachments: #1 Exhibit A)(Farnan, Michael) [Transferred from Delaware on 7/2/2018.] |
| CORRECTING ENTRY: Pursuant to the request of counsel, the stipulation previously filed on 4/9/2018 has been deleted and a revised version of the document shall be filed at a later time. Associated Cases: 1:18-cv-00282-VAC-SRF, 1:18-cv-00281-VAC-SRF, 1:18-cv-00305-VAC-SRF(lih) [Transferred from Delaware on 7/2/2018.] |
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SO ORDERED- re #22 MOTION for Pro Hac Vice Appearance of Attorney Craig W. Smith, #21 MOTION for Pro Hac Vice Appearance of Attorney Steven R. Wedeking. Signed by Judge Sherry R. Fallon on 3/23/2018. (lih) [Transferred from Delaware on 7/2/2018.]
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| Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Craig W. Smith - filed by Bud and Sue Frashier Family Trust. Motions referred to Sherry R. Fallon.(Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Steven R. Wedeking - filed by Bud and Sue Frashier Family Trust. Motions referred to Sherry R. Fallon.(Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 20 WAIVER OF SERVICE returned executed by Bud and Sue Frashier Family Trust: For Larry L. Weyers waiver sent on 2/28/2018, answer due 4/30/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 19 WAIVER OF SERVICE returned executed by Bud and Sue Frashier Family Trust: For Anne R. Pramaggiore waiver sent on 2/28/2018, answer due 4/30/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 18 WAIVER OF SERVICE returned executed by Bud and Sue Frashier Family Trust: For Stephen G. Hanks waiver sent on 2/28/2018, answer due 4/30/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 17 WAIVER OF SERVICE returned executed by Bud and Sue Frashier Family Trust: For Brian K. Ferraioli waiver sent on 2/28/2018, answer due 4/30/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 16 WAIVER OF SERVICE returned executed by Bud and Sue Frashier Family Trust: For E. James Ferland waiver sent on 2/28/2018, answer due 4/30/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 15 WAIVER OF SERVICE returned executed by Bud and Sue Frashier Family Trust: For Cynthia S. Dubin waiver sent on 2/28/2018, answer due 4/30/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 14 WAIVER OF SERVICE returned executed by Bud and Sue Frashier Family Trust: For Thomas A. Christopher waiver sent on 2/28/2018, answer due 4/30/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 13 WAIVER OF SERVICE returned executed by Bud and Sue Frashier Family Trust: For Babcock & Wilcox Enterprises, Inc. waiver sent on 2/28/2018, answer due 4/30/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 12 WAIVER OF SERVICE returned executed by Bud and Sue Frashier Family Trust: For Jenny L. Apker waiver sent on 2/28/2018, answer due 4/30/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| **NOTE: If the parties jointly consent to Magistrate Judge Fallons jurisdiction to conduct all proceedings in this case, then the Pretrial Conference and Trial will be presided over by Judge Fallon consistent with 28 U.S.C. 636. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued May 26, 2017 and available on the District Court's website), upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be reassigned to a visiting District Judge, and any further dates in the Scheduling Order, including the Pretrial Conference and Trial dates, may be adjusted dependent on the availability of the visiting District Judge.** (lih) [Transferred from Delaware on 7/2/2018.] |
| Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb) [Transferred from Delaware on 7/2/2018.] |
| CASE REFERRED to Magistrate Judge Sherry R. Fallon. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb) [Transferred from Delaware on 7/2/2018.] |
| Filing 11 SUMMONS Returned Executed by Bud and Sue Frashier Family Trust. Jenny L. Apker served on 2/23/2018, answer due 3/16/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 10 SUMMONS Returned Executed by Bud and Sue Frashier Family Trust. E. James Ferland served on 2/23/2018, answer due 3/16/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 9 SUMMONS Returned Executed by Bud and Sue Frashier Family Trust. Anne R. Pramaggiore served on 2/23/2018, answer due 3/16/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 8 SUMMONS Returned Executed by Bud and Sue Frashier Family Trust. Brian K. Ferraioli served on 2/23/2018, answer due 3/16/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 7 SUMMONS Returned Executed by Bud and Sue Frashier Family Trust. Thomas A. Christopher served on 2/23/2018, answer due 3/16/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 6 SUMMONS Returned Executed by Bud and Sue Frashier Family Trust. Larry L. Weyers served on 2/23/2018, answer due 3/16/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 5 SUMMONS Returned Executed by Bud and Sue Frashier Family Trust. Stephen G. Hanks served on 2/23/2018, answer due 3/16/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 4 SUMMONS Returned Executed by Bud and Sue Frashier Family Trust. Cynthia S. Dubin served on 2/23/2018, answer due 3/16/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Filing 3 SUMMONS Returned Executed by Bud and Sue Frashier Family Trust. Babcock & Wilcox Enterprises, Inc. served on 2/23/2018, answer due 3/16/2018. (Bennett, Blake) [Transferred from Delaware on 7/2/2018.] |
| Summons Issued with Magistrate Consent Notice attached as to Jenny L. Apker on 2/23/2018; Babcock & Wilcox Enterprises, Inc. on 2/23/2018; Thomas A. Christopher on 2/23/2018; Cynthia S. Dubin on 2/23/2018; E. James Ferland on 2/23/2018; Brian K. Ferraioli on 2/23/2018; Stephen G. Hanks on 2/23/2018; Anne R. Pramaggiore on 2/23/2018; Larry L. Weyers on 2/23/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg) [Transferred from Delaware on 7/2/2018.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) [Transferred from Delaware on 7/2/2018.] |
| Filing 1 COMPLAINT filed with Jury Demand against Jenny L. Apker, Babcock & Wilcox Enterprises, Inc., Thomas A. Christopher, Cynthia S. Dubin, E. James Ferland, Brian K. Ferraioli, Stephen G. Hanks, Anne R. Pramaggiore, Larry L. Weyers - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2328742.) - filed by Bud and Sue Frashier Family Trust. (Attachments: #1 Verification, #2 Civil Cover Sheet)(nmg) [Transferred from Delaware on 7/2/2018.] |
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