McDonald v. Abizaid et al
| Charles McDonald |
| Thomas S. Gross, Bruce A. Carbonari, RPM International, Inc., Salvatore D. Fazzolari, Thomas C. Sullivan, Jennifer D. Deckard, Frank C. Sullivan, John P. Abizaid, Russell L. Gordon, Frederick R. Nance, William B. Summers, Jr., Craig S. Morford, David A. Daberko, Edward W. Moore, Charles A. Ratner, Joseph P. Viviano and Jerry Sue Thornton |
| 1:2017cv00907 |
| April 28, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Medina |
| Christopher A Boyko |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 42 Joint Status Report filed by RPM International, Inc.. (Berckmueller, Fritz) |
| Filing 41 Joint Status Report filed by All Defendants. Related document(s) #24 .(Blair, Mitchell) |
| Filing 40 Notice of Withdrawal as Counsel removing attorney Stuart J. Guber filed by Charles McDonald. (Heller, Alex) |
| Filing 39 Joint Status Report Pursuant to the Court's February 2, 2018 Opinion and Order Staying This Case filed by All Defendants. Related document(s) #24 .(Blair, Mitchell) |
Order [non-document] granting Motion by Attorney Stuart J. Guber to Appear Pro Hac Vice for Plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #38 ). Judge Christopher A. Boyko on 10/10/19.(S,HR)
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| Filing 38 Motion for attorney Stuart J. Guber to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9552452, filed by Plaintiff Charles McDonald. (Attachments: #1 Exhibit A - Guber Affidavit)(Wayne, Richard) |
| Filing 37 Joint Status Report Pursuant to the Court's February 2, 2018 Opinion and Order Staying This Case filed by All Defendants. Related document(s) #24 .(Blair, Mitchell) |
| Filing 36 Joint Status Report Pursuant to the Court's February 2, 2018 Opinion and Order Staying This Case filed by All Defendants. Related document(s) #24 .(Blair, Mitchell) |
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Order [non-document] granting Plaintiff's Motion to withdraw attorney Stuart J. Guber as counsel (Related Doc #35 ). Judge Christopher A. Boyko on 6/24/2019.(H,CM)
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| Filing 35 Motion by Stuart J. Guber to withdraw as attorney filed by Plaintiff Charles McDonald. (Heller, Alex) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Alex B. Heller for Charles McDonald. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #34 ). Magistrate Judge Kathleen B. Burke on 6/17/2019.(D, I)
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| Filing 34 Motion for attorney Alex B. Heller to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9363361, filed by Plaintiff Charles McDonald. (Attachments: #1 Exhibit A - Affidavit and Certificate of Good Standing)(Wayne, Richard) |
| Filing 33 Joint Status Report filed by All Defendants. (Related document(s) #24 ) (Blair, Mitchell) . |
| Filing 32 Joint Status Report pursuant to the Court's February 2, 2018 Opinion and Order Staying This Case filed by All Defendants. Related document(s) #24 .(Blair, Mitchell) |
| Filing 31 Joint Status Report pursuant to the Court's February 2, 2018 Opinion and Order Staying this Case filed by All Defendants. Related document(s) #24 .(Blair, Mitchell) |
| Filing 30 Address Change Notice for Stuart C. Guber by Richard S. Wayne filed by on behalf of Charles McDonald. (Wayne, Richard) |
| Filing 29 Joint Status Report Pursuant to the Court's February 2, 2018 Opinion and Order Staying This Case filed by All Defendants. Related document(s) #24 .(Blair, Mitchell) |
| Filing 28 Joint Status Report Pursuant to the Court's February 2, 2018 Opinion and Order Staying This Case filed by RPM International, Inc.. Related document(s) #24 .(Blair, Mitchell) |
| Filing 27 Joint Status Report Pursuant to the Court's February 2, 2018 Opinion and Order Staying this Case filed by RPM International, Inc.. (Blair, Mitchell) |
| Filing 26 Joint Status Report Pursuant to the Court's February 2, 2018 Opinion and Order Staying This Case filed by All Defendants. (Related document(s) #24 ). (Attachments: #1 Exhibit A - Proposed Scheduling Order) (Blair, Mitchell) |
| Filing 25 Joint Status Report filed by All Defendants. (Attachments: #1 Exhibit A. November 8, 2017 Scheduling Order from SEC Action Dkt. No. 46)Related document(s) #24 .(Berckmueller, Fritz) |
| Filing 24 Opinion and Order. Defendant RPM International's Motion to Dismiss Verified Shareholder Derivative Complaint, or alternatively, to Stay (Related doc #13 ) is granted in part. Case is stayed and removed from the Court's active docket. The case may be reinstated only upon written motion. The parties are required to file a joint status report every sixty days to apprise the Court of the progress of the SEC enforcement litigation. Judge Christopher A. Boyko on 2/2/2018. (H,CM) |
| Filing 23 Opposition to Nominal Defendant RPM International, Inc.'s Notice of Supplemental Authority filed by Charles McDonald. Related document(s) #22 . (Wayne, Richard) |
| Filing 22 Notice of Supplemental Authority filed by RPM International, Inc.. (Attachments: #1 Exhibit Scheduling Order)Related document(s) #13 .(Rendon, Carole) |
| Filing 21 Response to Plaintiff's Notice of Supplemental Authority in Further Opposition to Defendants' Motion to Dismiss filed by RPM International, Inc.. Related document(s) #19 , #13 , #12 .(Rendon, Carole) |
| Filing 20 Response to Plaintiff's Notice of Supplemental Authority in Further Opposition to Defendants' Motion to Dismiss filed by John P. Abizaid, Bruce A. Carbonari, David A. Daberko, Jennifer D. Deckard, Salvatore D. Fazzolari, Russell L. Gordon, Thomas S. Gross, Edward W. Moore, Craig S. Morford, Frederick R. Nance, Charles A. Ratner, Frank C. Sullivan, Thomas C. Sullivan, William B. Summers, Jr., Jerry Sue Thornton, Joseph P. Viviano. Related document(s) #19 , #13 , #12 . (Kucharson, Matthew) |
| Filing 19 Notice of Supplemental Authority In further Opposition to Defendants' Motion to Dismiss filed by Charles McDonald. (Attachments: #1 Exhibit A - Opinion)Related document(s) #12 , #13 , #15 .(Wayne, Richard) |
| Filing 18 Reply in support of #13 Motion to dismiss verified shareholder derivative complaint filed by RPM International, Inc.. (Rendon, Carole) |
| Filing 17 Reply in support of #12 Joint Motion to dismiss verified shareholder derivative complaint with oral hearing requested filed by John P. Abizaid, Bruce A. Carbonari, David A. Daberko, Jennifer D. Deckard, Salvatore D. Fazzolari, Russell L. Gordon, Thomas S. Gross, Edward W. Moore, Craig S. Morford, Frederick R. Nance, Charles A. Ratner, Frank C. Sullivan, Thomas C. Sullivan, William B. Summers, Jr., Jerry Sue Thornton, Joseph P. Viviano. (Kucharson, Matthew) |
| Filing 16 Unopposed Motion for extension of time until 8/21/17 to file reply in support of motions to dismiss (Docs. #12 & #13 ) filed by John P. Abizaid, Bruce A. Carbonari, David A. Daberko, Jennifer D. Deckard, Salvatore D. Fazzolari, Russell L. Gordon, Thomas S. Gross, Edward W. Moore, Craig S. Morford, Frederick R. Nance, RPM International, Inc., Charles A. Ratner, Frank C. Sullivan, Thomas C. Sullivan, William B. Summers, Jr., Jerry Sue Thornton, Joseph P. Viviano. (Kucharson, Matthew) Modified text on 8/9/2017 (S,HR). |
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Order [non-document] granting Defendants' #16 Unopposed Joint Motion for Extension of time to reply until 8/21/2017. Judge Christopher A. Boyko on 8/9/2017.(R,D) Modified on 8/10/2017 (S,HR).
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| Filing 15 Consolidated Brief in Opposition to Defendants' #12 Motion to dismiss verified shareholder derivative complaint and RPM International Inc's #13 Joint Motion to dismiss verified shareholder derivative complaint with oral hearing requested filed by Charles McDonald. (Wayne, Richard) Modified text on 8/1/2017 (P,G). |
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Order [non-document] granting Plaintiff's unopposed Motion to file consolidated opposition to Defendants' Joint Motion to Dismiss (Related Doc #14 ); Opposition Brief shall be filed by 7/31/2017. Judge Christopher A. Boyko on 7/19/2017.(H,CM)
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| Filing 14 Unopposed Motion to File Consolidated Brief in Opposition to Defendants' Joint Motion to Dismiss filed by Plaintiff Charles McDonald. Related document(s) #13 , #12 . (Attachments: #1 Proposed Order)(Wayne, Richard) Modified text on 7/19/2017 (P,G). |
| Filing 13 Motion to dismiss verified shareholder derivative complaint with oral hearing requested filed by Defendant RPM International, Inc.. (Attachments: #1 Brief in Support)(Rendon, Carole) Modified text on 7/5/2017 (P,G). Modified text on 7/6/2017 (P,G). |
| Filing 12 Joint Motion to dismiss verified shareholder derivative complaint with oral hearing requested filed by John P. Abizaid, Bruce A. Carbonari, David A. Daberko, Jennifer D. Deckard, Salvatore D. Fazzolari, Russell L. Gordon, Thomas S. Gross, Edward W. Moore, Craig S. Morford, Frederick R. Nance, Charles A. Ratner, Frank C. Sullivan, Thomas C. Sullivan, William B. Summers, Jr., Jerry Sue Thornton, Joseph P. Viviano. (Attachments: #1 Brief in Support, #2 Exhibit 1 (RPM's August 11, 2014 Form 8-K), #3 Exhibit 2 (RPM's April 28, 2015 Form 8-K), #4 Exhibit 3 (May 4, 2014 Email from Ernst & Young LLP to the SEC), #5 Exhibit 4 (Amended and Restated Certificate of Incorporation of RPM))(Andrachik, Kathryn) Modified text on 7/7/2017 (P,G). |
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Order [non-document] granting Individual Defendants' Motion for attorneys John L. Hardiman and William H. Wagener to appear pro hac vice (Related doc #10 , #11 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 6/27/2017.(H,CM)
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| Filing 11 Motion for attorney William H. Wagener to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8214113, filed by John P. Abizaid, Bruce A. Carbonari, David A. Daberko, Jennifer D. Deckard, Salvatore D. Fazzolari, Russell L. Gordon, Thomas S. Gross, Craig S. Morford, Frederick R. Nance, Charles A. Ratner, Frank C. Sullivan, Thomas C. Sullivan, William B. Summers, Jr., Jerry Sue Thornton, Joseph P. Viviano. (Attachments: #1 Affidavit)(Andrachik, Kathryn) |
| Filing 10 Motion for attorney John L. Hardiman to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8214085, filed by John P. Abizaid, Bruce A. Carbonari, David A. Daberko, Jennifer D. Deckard, Salvatore D. Fazzolari, Russell L. Gordon, Thomas S. Gross, Craig S. Morford, Frederick R. Nance, Charles A. Ratner, Frank C. Sullivan, Thomas C. Sullivan, William B. Summers, Jr., Jerry Sue Thornton, Joseph P. Viviano. (Attachments: #1 Affidavit)(Andrachik, Kathryn) |
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Order [non-document] granting Defendant Edward Moore's Motions for attorneys Barry H. Berke, Darren A. LaVerne and Marjorie E. Sheldon to appear pro hac vice (Related Doc #'s #7 , #8 , #9 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 6/26/2017.(H,CM)
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| Filing 9 Motion for attorney Marjorie E. Sheldon to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660096249, filed by Defendant Edward W. Moore. (Attachments: #1 Exhibit A - Affidavit of Marjorie E. Sheldon)(W,Jo) |
| Filing 8 Motion for attorney Darren A. Laverne to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660096249, filed by Defendant Edward W. Moore. (Attachments: #1 Exhibit A - Affidavit of Darren A. Laverne)(W,Jo) |
| Filing 7 Motion for attorney Barry H. Berke to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660096249, filed by Defendant Edward W. Moore. (Attachments: #1 Exhibit A - Affidavit of Barry H. Berke)(W,Jo) |
| Filing 6 Attorney Appearance by Kathryn Gaughan Andrachik, Mitchell G. Blair, Fritz E. Berckmueller, and Matthew J. Kucharson filed by on behalf of John P. Abizaid, Bruce A. Carbonari, David A. Daberko, Jennifer D. Deckard, Salvatore D. Fazzolari, Russell L. Gordon, Thomas S. Gross, Craig S. Morford, Frederick R. Nance, Charles A. Ratner, Frank C. Sullivan, Thomas C. Sullivan, William B. Summers, Jr., Jerry Sue Thornton, Joseph P. Viviano. (Andrachik, Kathryn) Modified text on 5/17/2017 (P,G). |
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Order [non-document] granting Plaintiff's Motions for attorneys Nina M. Varindani, Stuart J. Guber and Christine E. Goodrich to appear pro hac vice (Related Doc #'s #3 , #4 , #5 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 5/17/2017.(H,CM)
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| Filing 5 Motion for attorney Christine E. Goodrich to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660095221, filed by Plaintiff Charles McDonald. (Attachments: #1 Exhibit A - Affidavit in Support)(W,Jo) |
| Filing 4 Motion for attorney Stuart J. Guber to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660095221, filed by Plaintiff Charles McDonald. (Attachments: #1 Exhibit A - Affidavit in Support)(W,Jo) |
| Filing 3 Motion for attorney Nina M. Varindani to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660095221, filed by Plaintiff Charles McDonald. (Attachments: #1 Exhibit A - Affidavit in Support)(W,Jo) |
| Notice to Attorney Stuart J. Guber. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA) |
| Notice to Attorney Christine E. Goodrich. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA) |
| Notice to Attorney Nadeem Faruqi. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA) |
| Notice to Attorney Nina M. Varindani. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA) |
| Filing 2 Magistrate Consent Form issued. No summons provided, no summons issued. (P,WL) |
| Filing 1 Verified Shareholder Derivative Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-8135307. Filed by Charles McDonald. (Attachments: #1 Exhibit A - SEC Complaint, #2 Civil Cover Sheet) (Wayne, Richard) Modified text on 4/28/2017 (P,WL). |
| Judge Christopher A. Boyko assigned to case. (P,WL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (P,WL) |
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