Boynton Beach Firefighters' Pension Fund v. HCP, Inc. et al
| Boynton Beach Firefighters' Pension Fund and Public Employees' Retirement System of Mississippi |
| HCP, Inc, Lauralee E. Martin, HCP, Inc., Paul Ormond, Steven M. Cavanaugh, Darren A. Kowalske, Timothy Schoen and HCR ManorCare, Inc. |
| Societe Generale Securities Services GmbH, City of Birmingham Retirement and Relief System and Albert J Belle |
| 3:2016cv01106 |
| May 9, 2016 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Lucas |
| Jeffrey J Helmick |
| Securities/Commodities |
| 15 U.S.C. § 78 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 131 Notice of Dismissal Under FRCP 41(a)(1) With Prejudice of HCR ManorCare, Inc., Paul A. Ormond and Steven M. Cavanaugh filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Filing 130 Address Change Notice by Thomas D. Warren filed by on behalf of HCR ManorCare, Inc.. (Warren, Thomas) |
| Filing 129 Reply in support of #127 Motion for leave To File Sur-Reply In Further Opposition To Plaintiffs' Motion for Leave To Amend the Complaint filed by HCP, Inc., Darren A. Kowalske, Lauralee E. Martin, Timothy Schoen. (King, James) |
| Filing 128 Opposition to #127 Motion for leave To File Sur-Reply In Further Opposition To Plaintiffs' Motion for Leave To Amend the Complaint filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Filing 127 Motion for leave To File Sur-Reply In Further Opposition To Plaintiffs' Motion for Leave To Amend the Complaint with Proposed Order filed by HCP, Inc., Darren A. Kowalske, Lauralee E. Martin, Timothy Schoen. Related document(s) #125 , #126 . (Attachments: #1 Exhibit A (Proposed Sur-Reply))(King, James) |
| Filing 126 Declaration of Nathan R. Lindell in Support of Reply Memorandum in Support of Motion for Leave to Amend the Complaint filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. Related document(s) #125 . (Attachments: #1 Exhibit A - Email string between counsel)(Lindell, Nathan) |
| Filing 125 Reply in support of #116 Motion to alter or amend judgment to allow leave to amend the Complaint filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
Order [non-document] granting plaintiffs' motion for an extension of time until 4/2/2020 to file a reply in support of their motion for leave to amend the complaint. #124 . Judge Jeffrey J. Helmick on 3/23/2020.(S,AL)
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| Filing 124 Motion for extension of time until April 2, 2020 to file response/reply to #116 Motion to alter or amend judgment to allow leave to amend the Complaint filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. Related document(s) #116 . (Kerger, Richard) |
| Filing 123 Opposition to #116 Motion to alter or amend judgment to allow leave to amend the Complaint filed by HCP, Inc., Darren A. Kowalske, Lauralee E. Martin, Timothy Schoen. (Attachments: #1 Affidavit Declaration of James A. King, #2 Exhibit 1 - HCP Inc., Proxy Statement, #3 Exhibit 2 - HCP Inc., Current Report, #4 Exhibit 3 - HCP Inc., Quarterly Report, #5 Exhibit 4 - HCP Inc., Annual Report, #6 Exhibit 5 - HCP Inc., Annual Report, #7 Exhibit 6 - HCP Inc., Company Conference Presentation, #8 Exhibit 7 - HCP Inc., Annual Report, #9 Exhibit 8 - Earnings Call Transcript, #10 Exhibit 9 - Earnings Call Transcript, #11 Exhibit 10 - Earnings Call Transcript, #12 Exhibit 11 - HCP Inc., Quarterly Report, #13 Exhibit 12 - HCP Inc., Quarterly Report, #14 Exhibit 13 - HCP Inc., Quarterly Report, #15 Exhibit 14 - HCP Inc., Annual Report, #16 Exhibit 15 - HCP Inc., Annual Report, #17 Exhibit 16 - HCP Inc., Current Report, #18 Exhibit 17 - HCP Inc., Current Report, #19 Exhibit 18 - E-mail, #20 Exhibit 19 - Earnings Call Transcript, #21 Exhibit 20 - HCP Inc., Current Report, #22 Exhibit 21 - E-mail, #23 Exhibit 22 - E-mail, #24 Exhibit 23 - Earnings Call Transcript, #25 Exhibit 24 - E-mail, #26 Exhibit 25 - HCP Inc. Company Conference Presentation, #27 Exhibit 26 - E-mail, #28 Exhibit 27 - E-mail)(King, James) |
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Filing 122
Order granting Defendant's Motion for leave to Exceed Page Limitations #120 . Defendants to file an opposition memorandum of not more than 36 pages. Further, I grant Lead Plaintiffs an equivalent extension of the page limits for their brief in reply to Defendants' opposition brief. Judge Jeffrey J. Helmick on 2/18/2020.(R,Ke)
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| Filing 121 Opposition to #120 Motion for leave to Exceed Page Limitations filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Filing 120 Motion for leave to Exceed Page Limitations with Proposed Order filed by HCP, Inc., Darren A. Kowalske, Lauralee E. Martin, Timothy Schoen. Related document(s) #116 . (King, James) |
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Filing 119
Order: I grant the defendant's motion for extension of time and instruct Defendants to respond to Lead Plaintiffs' motion as a motion to amend the complaint under Rule 15. In light of my earlier representation and controlling Sixth Circuit law, I conclude it is unnecessary for Defendants to address the Rule 59 standard. Defendants shall file their memorandum in response on or before February 18, 2020. Lead Plaintiffs shall file their brief in reply, if any, on or before March 19, 2020. #118 . Judge Jeffrey J. Helmick on 1/3/2020.(S,AL)
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| Filing 118 Motion for extension of time until 02-18-2020 to file response/reply to #116 Motion to alter or amend judgment to allow leave to amend the Complaint filed by Steven M. Cavanaugh, HCP, Inc., HCR ManorCare, Inc., Darren A. Kowalske, Lauralee E. Martin, Paul Ormond, Timothy Schoen. (King, James) |
| Filing 117 Declaration of Nathan R. Lindell in Support of #116 Motion to Alter or Amend the Judgment to Allow Leave to Amend the Complaint filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Attachments: #1 Exhibit A - Proposed First Amended Consolidated Complaint, #2 Exhibit B - Redline of proposed amended complaint, #3 Exhibit C - Transcript of 10/23/18 hearing)(Lindell, Nathan) |
| Filing 116 Motion to alter or amend judgment to allow leave to amend the Complaint filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Attachments: #1 Memorandum of Law in Support)(Kerger, Richard) Modified text on 12/30/2019 (R,Ke). |
| Filing 115 Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed contemporaneously, the motion of Defendants HCP, Inc., Lauralee E. Martin, Timothy Schoen, and Darren A. Kowalske (the 'HCP Defendant') to dismiss Lead Plaintiffs' Consolidated Amended Class Action Complaint, pursuant to Rule 9(b) and Rule 12(b)(6) of the Federal Rules of Civil Procedure, (Doc. No. 93), is granted. re #114 Judge Jeffrey J. Helmick on 11/22/2019. (S,AL) |
| Filing 114 Memorandum Opinion and Order: HCP Defendants' motion to dismiss the complaint for failure to state a claim is granted. re #93 Judge Jeffrey J. Helmick on 11/22/2019. (S,AL) |
| Filing 113 Address Change Notice and Change of Firm Name by Jack Landskroner filed by on behalf of All Plaintiffs. (Landskroner, Jack) |
| Filing 112 Marginal Entry Order granting attorney Jessie M. Gabriel's motion to withdraw for defendants HCR ManorCare, Inc., Paul Ormond, and Steven M. Cavanaugh. (Related Doc #111 ) Judge Jeffrey J. Helmick on 1/22/2019.(S,AL) |
| Filing 111 Motion by Jessie M. Gabriel to withdraw as attorney filed by Steven M. Cavanaugh, HCR ManorCare, Inc., Paul Ormond. (Gabriel, Jessie) |
| FILING ERROR. Entry does not belong on this case. Order (non-document) staying case for a period of 14 days due to the lapse of congressional appropriations funding the federal government. See #General Order 2018-15 for details. Judge Patricia A. Gaughan on 12/26/2018. (L,Ja) Modified text on 12/27/2018 (P, S). |
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Filing 110
Order and Notice of Party Dismissal of defendants HCR ManorCare, Inc., Paul A. Ormond, and Steven M. Cavanaugh, without prejudice. Judge Jeffrey J. Helmick on 12/6/2018. (S,AL)
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| Filing 109 Notice of Dismissal Under FRCP 41(a)(1) Notice of Voluntary Dismissal Without Prejudice [as to defendants HCR ManorCare, Inc., Paul A. Ormond and Steven M. Cavanaugh] filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Filing 108 Transcript of Oral Argument held on October 23, 2018 before Judge Jeffrey J. Helmick. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [87 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 11/13/2018. Redaction Request due 11/26/2018. Redacted Transcript Deadline set for 12/6/2018. Release of Transcript Restriction set for 2/4/2019. (N,A) |
| Filing 107 Non-Appeal Transcript Order Form for proceedings held on 10/23/18 before Judge Helmick, Court Reporter: Angela Nixon. Requested completion date: 11/01/2018 filed by HCP, Inc.. (King, James) |
| Filing 106 Expedited Non-Appeal Transcript Order Form for proceedings held on 10/23/2018 before Judge Jeffrey J. Helmick, Court Reporter: Angela Nixon. Requested completion date: 10/31/2018 filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Lindell, Nathan) |
| Minutes of proceedings before Judge Jeffrey J. Helmick.Oral Argument held on 10/23/2018. Jack Landskroner, Darren Robbins, James King, Nathan Lindell, Sara Polychron, William Narwold, and Rick Kerger present in court. Matter taken under advisement. (Court Reporter: Angela Nixon.)Time: 1 hour and 50 minutes. (S,AL) |
| Filing 105 Joint Motion to stay Case As To The HCR ManorCare Defendants filed by Steven M. Cavanaugh, HCR ManorCare, Inc., Paul Ormond, City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. Related document(s) #104 . (Attachments: #1 Proposed Order)(Warren, Thomas) Modified on 11/1/2019 (S,AL). |
| Filing 104 Notice of Withdrawal of Their Motion to Dismiss the Consolidated Class Action Complaint filed by Steven M. Cavanaugh, HCR ManorCare, Inc., Paul Ormond. Related document(s) #93 .(Warren, Thomas) |
| Filing 103 Notice of Recent Authority filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Attachments: #1 Exhibit A - Dougherty v. Esperion Therapeutics Sixth Circuit Opinion)(Kerger, Richard) |
| Filing 102 Notice of Withdrawal of Michael D. Meuti as Counsel for Defendants filed by Steven M. Cavanaugh, HCR ManorCare, Inc., Paul Ormond. (Meuti, Michael) |
| Notice [Non Document]: Oral Argument set for 10/24/2018 vacated and rescheduled for 10/23/2018 at 9:00 AM in Courtroom 204 before Judge Jeffrey J. Helmick. (S,AL) |
| Notice [Non Document]: Oral Argument set for 10/24/2018 at 10:00 AM in Courtroom 204 before Judge Jeffrey J. Helmick. (S,AL) |
| Filing 101 Reply in support of #95 Motion to dismiss for failure to state a claim filed by Steven M. Cavanaugh, HCR ManorCare, Inc., Paul Ormond. (Gabriel, Jessie) |
| Filing 100 Reply in support of #93 Motion to dismiss for failure to state a claim filed by HCP, Inc., Darren A. Kowalske, Lauralee E. Martin, Timothy Schoen. (Fraser, Kirsten) |
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Filing 99
Order granting Sara B. Polychron's motion for appearance pro hac vice by attorney for City of Birmingham Retirement and Relief System and Societe Generale Securities Services GmbH. 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. (Related Doc #98 ) Judge Jeffrey J. Helmick on 5/8/2018.(S,AL)
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| Filing 98 Motion for attorney Sara B. Polychron to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8691609, filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Attachments: #1 Affidavit, #2 Proposed Order)(Kerger, Richard) |
| Filing 97 Opposition to #95 Motion to dismiss for failure to state a claim , #93 Motion to dismiss for failure to state a claim filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Filing 96 Attorney Appearance by Kirsten R. Fraser filed by on behalf of HCP, Inc., Darren A. Kowalske, Lauralee E. Martin, Timothy Schoen. (Fraser, Kirsten) |
| Filing 95 WITHDRAWN. See ECF No. #104 Motion to dismiss for failure to state a claim filed by Steven M. Cavanaugh, HCR ManorCare, Inc., Paul Ormond. (Attachments: #1 Brief in Support, #2 Declaration of Jessie M. Gabriel, #3 Exhibit 1 to Gabriel Declaration-Letter Dated April 21, 2015)(Gabriel, Jessie) Modified on 11/1/2019 (S,AL). |
| Filing 94 Memorandum of Law in Support of HCP Defendants' Motion to Dismiss the Consolidated Class Action Complaint filed by HCP, Inc., Darren A. Kowalske, Lauralee E. Martin, Timothy Schoen. Related document(s) #85 , #93 . (Attachments: #1 Declaration of James A. King, #2 Exhibit 1 HCP Inc., Proxy Statement (Schedule 14A) (Mar. 17, 2016), #3 Exhibit 2 HCP Inc., Current Report (Form 8-K) (Apr. 12, 2011), #4 Exhibit 3 HCP Inc., Current Report (Form 8-K) (July 12, 2011), #5 Exhibit 4 HCP Inc., Quarterly Report (Form 10-Q) (Aug. 2, 2011), #6 Exhibit 5 HCP Inc., Annual Report (Form 10-K) (Feb. 14, 2012), #7 Exhibit 6 HCP Inc., Annual Report (Form 10-K) (Feb. 12, 2013), #8 Exhibit 7 HCP, Inc., Company Conference Presentation (Mar. 3, 2015), #9 Exhibit 8 HCP Inc., Annual Report (Form 10-K) (Feb. 10, 2015), #10 Exhibit 9 S&P Capital IQ, HCP Inc. FQ1 2014 Earnings Call Transcript (May 6, 2014), #11 Exhibit 10 S&P Capital IQ, HCP Inc. FQ3 2014 Earnings Call Transcript (Nov. 4, 2014), #12 Exhibit 11 S&P Capital IQ, HCP Inc. FQ4 2014 Earnings Call Transcript (Feb. 10, 2015), #13 Exhibit 12 HCP Inc., Annual Report (Form 10-K) (Feb. 9, 2016), #14 Exhibit 13 FASB, Accounting Standard Codification 323-10-35-3, #15 Exhibit 14 FASB, Accounting Standard Codification 450-20-25-2, #16 Exhibit 15 FASB, Accounting Standard Codification 310-10-35-25, #17 Exhibit 16 HCP Inc., Quarterly Report (Form 10-Q) (Nov. 4, 2014), #18 Exhibit 17 FASB, Accounting Standard Codification 310-10-35-19, #19 Exhibit 18 FASB, Accounting Standard Codification 310-10-35-20, #20 Exhibit 19 HCP Inc., Current Report (Form 8-K) (Dec. 22, 2014), #21 Exhibit 20 S&P Capital IQ, HCP Inc. FQ1 2015 Earnings Call Transcript (May 5, 2015), #22 Exhibit 21 HCP Inc., Current Report (Form 8-K) (Mar. 30, 2015), #23 Exhibit 22 HCP Inc., Quarterly Report (Form 10-Q) (May 5, 2015), #24 Exhibit 23 S&P Capital IQ, HCP Inc. FQ2 2015 Earnings Call Transcript (Aug. 4, 2015), #25 Exhibit 24 HCP Inc., Quarterly Report (Form 10-Q) (Aug. 4, 2015), #26 Exhibit 25 S&P Capital IQ, HCP Inc. FQ3 2015 Earnings Call Transcript (Nov. 3, 2015), #27 Exhibit 26 HCP Inc., Current Report (Form 8-K) (Nov. 3, 2015), #28 Exhibit 27 HCP Inc., Quarterly Report (Form 10-Q) (Nov. 3, 2015), #29 Exhibit 28 S&P Capital IQ, HCP Inc. FQ4 2015 Earnings Call Transcript (Feb. 9, 2016), #30 Exhibit 29 S&P Capital IQ, HCP Inc. FQ1 2016 Earnings Call Transcript (May 9, 2016), #31 Exhibit 30 HCP Inc., Current Report (Form 8-K) (Oct. 31, 2016), #32 Exhibit 31 HCP Inc., Annual Report (Form 10-K) (Feb. 11, 2014), #33 Exhibit 32 HCP Inc., Current Report (Form 8-K) (Apr. 21, 2015), #34 Exhibit 33 David Freeman Engstrom, Public Regulation of Private Enforcement: Empirical Analysis of DOJ Oversight of Qui Tam Litigation Under the False Claims Act, 107 Nw. U. L. Rev. 1689 (2013), #35 Exhibit 34 HCP Inc., Proxy Statement (Schedule 14A) (Mar. 17, 2015), #36 Exhibit 35 HCP Inc., Proxy Statement (Schedule 14A) (Mar. 16, 2017), #37 Exhibit 36 Lauralee Martin, Statements of Changes in Beneficial Ownership (Forms 4) (20142016), #38 Exhibit 37 Timothy M. Schoen, Statements of Changes in Beneficial Ownership (Forms 4) (20142016), #39 Exhibit 38 Darren Kowalske, Statements of Changes in Beneficial Ownership (Forms 4) (20142016), #40 Exhibit 39 Associated Press, Labor-Backed Group Challenges HCPs ManorCare Deal, Bloomberg (Feb. 16, 2011)) (King, James) Modified text on 4/4/2018 (R,Ke). |
| Filing 93 Motion to dismiss for failure to state a claim filed by HCP, Inc., Darren A. Kowalske, Lauralee E. Martin, Timothy Schoen. Related document(s) #85 . (King, James) Modified on 11/19/2018 (S,L). Modified on 11/1/2019 (S,AL). |
| Filing 92 Marginal Entry Order granting Defendants' Motion for leave to exceed page limitations for briefing on Motion to Dismiss. Additionally, lead Plaintiff is granted permission to file up to 60 pages in response to both motions.(Related Doc #89 , #90 ). Judge Jeffrey J. Helmick on 3/29/2018.(SG,D) |
| Filing 91 Stipulation & Order: Counsel for defendant Kowalske are authorized to accept service of the complaint, without prejudice and without any waiver of defenses, objections, or arguments in this matter or any other matter, except as to sufficiency of service of process. The parties reserve the right to seek additional adjournments or extensions of the deadlines set forth in the schedule order. re #88 Judge Jeffrey J. Helmick on 3/28/2018. (S,AL) |
| Filing 90 Response to #89 Motion for leave to Exceed Page Limitations for Briefing on Motion to Dismiss filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Filing 89 Motion for leave to Exceed Page Limitations for Briefing on Motion to Dismiss filed by HCP, Inc., Darren A. Kowalske, Lauralee E. Martin, Timothy Schoen. Related document(s) #85 . (King, James - s/ Audra Soloway) Modified filer name on 3/26/2018 (R,Ke). |
| Filing 88 Joint Proposed Stipulation and Proposed Order filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Filing 87 Notice of Filing Bankruptcy filed by HCR ManorCare, Inc.. (Gabriel, Jessie) |
| Filing 86 Memorandum Opinion: Lead Plaintiffs' motion to order particularized discovery is denied. re #80 Judge Jeffrey J. Helmick on 3/1/2018. (S,AL) |
| Filing 85 Consolidated Complaint for Violations of the Federal Securities Laws against Steven M. Cavanaugh, HCP, Inc., HCR ManorCare, Inc., Lauralee Martin, Paul Ormond, Timothy Schoen, Darren A. Kowalske and adding new party defendant(s) Darren A. Kowalske. Filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Filing 84 Reply in support of #80 Motion to Order Particularized Discovery filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Filing 83 Joinder and Response to #82 Opposition to #80 Motion to Order Particularized Discovery filed by HCP, Inc., Lauralee Martin, Timothy Schoen. (King, James) Modified text and link on 1/26/2018 (R,Ke). |
| Filing 82 Opposition to #80 Motion to Order Particularized Discovery filed by Steven M. Cavanaugh, HCR ManorCare, Inc., Paul A. Ormond. (Gabriel, Jessie) |
| Filing 81 Declaration of Nathan R. Lindell in Support of #80 Motion to Order Particularized Discovery filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Attachments: #1 Exhibit A - Transcript of Motion Hearing, #2 Exhibit B - E-mail dated 12/1/17, #3 Exhibit C - Letter dated 12/12/17, #4 Exhibit D - Letter dated 12/20/17, #5 Exhibit E - Letter dated 1/4/18)(Lindell, Nathan) |
| Filing 80 Motion to Order Particularized Discovery filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Attachments: #1 Brief in Support - Memorandum of Points and Authorities in Support of Lead Plaintiffs' Motion to Order Particularized Discovery)(Kerger, Richard) |
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Filing 79
Order: Lead Plaintiffs' consolidated class action complaint is due on or before 2/28/2018; Motions to dismiss shall be filed no later than 3/30/2018; responses due 4/30/2018; replies due 5/21/2018. re #78 Status Report. Judge Jeffrey J. Helmick on 12/22/2017. (SG,D)
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| Filing 78 Status Report / Joint Statement regarding scheduling for the filing of a consolidated class action complaint and any responsive motions or pleadings filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. Related document(s) #77 .(Levin, Gregg - s/ by Richard M. Kerger) Modified text on 1/8/2018 (R,Ke). |
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Filing 77
Order of Telephone Conference held on 12/13/2017. On or before December 20, 2017, the parties shall submit to me a joint statement of their respective proposed dates, along with brief arguments, for the filing of a consolidated class action complaint and any responsive motions or pleadings. Judge Jeffrey J. Helmick on 12/13/2017. Time: 25 minutes(SG,D)
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| Filing 76 Notice of withdrawal of Patrick J. Sommers as counsel for HCP Defendants filed by HCP, Inc., Lauralee Martin, Timothy Schoen. (King, James) |
| Notice [non-document]Telephone conference scheduled for 12/11/2017 at 11:30 AM is vacated and rescheduled for 12/13/2017 at 11:30 AM before Judge Jeffrey J. Helmick. Counsel shall call the bridge line at 877-411-9748, access code 1231873. (SG,D) |
| Notice [Non Document]: Telephone Conference set for 12/11/2017 at 10:30 AM is moved to 12/11/2017 at 11:30 AM before Judge Jeffrey J. Helmick. Counsel shall call the bridge line at 877-411-9748, access code 1231873. (S,AL) |
| Filing 75 Marginal Entry Order granting the parties joint motion for a status conference. (Related Doc #72 ) Telephone Conference set for 12/11/2017 at 10:30 AM before Judge Jeffrey J. Helmick. Counsel shall call the bridge line at 877-411-9748, access code 1231873. Judge Jeffrey J. Helmick on 11/28/2017.(S,AL) |
| Filing 74 Judgment Entry: For the reasons stated in the Memorandum Opinion filed concurrently, Belle's and Mississippi PERS' motions for appointment as lead plaintiff and approval of counsel are denied. (Doc. Nos. 19 & 23). The motion of Societe Generale Securities Services Germany and Birmingham for appointment as co-lead plaintiffs and approval of counsel is granted. (Doc. No. 20). Judge Jeffrey J. Helmick on 11/28/2017. (S,AL) |
| Filing 73 Memorandum Opinion: Belle's and Mississippi PERS' motions for appointment as lead plaintiff and approval of counsel are denied. (Doc. Nos. 19 & 23). The motion of Societe Generale Securities Services Germany and Birmingham for appointment as co-lead plaintiffs and approval of counsel is granted. (Doc. No. 20). re #23 #19 #20 Judge Jeffrey J. Helmick on 11/28/2017. (S,AL) |
| Filing 72 Joint Motion for status conference filed by Plaintiff Public Employees' Retirement System of Mississippi. (Simpkins, Scott) |
| Filing 71 The Public Employees' Retirement System of Mississippi's Response to Notice of Recent Events filed by Public Employees' Retirement System of Mississippi. (Attachments: #1 Affidavit of Scott D. Simpkins, #2 Exhibit A - Bloomberg Article, #3 Exhibit B - QCP 2016 10 K/A, #4 Exhibit C - NY Post Article (6/2), #5 Exhibit D - NY Post Article (6/11))(Simpkins, Scott) |
| Filing 70 Amended Notice of Recent Events filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Attachments: #1 Exhibit Quality Care Complaint, #2 Exhibit HCR Manor Care Extension)Related document(s) #69 .(Kerger, Richard) |
| Filing 69 Notice of Recent Events filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Filing 68 Notice of Supplemental Authority in Support of #20 Motion as Lead Plaintiff and Approval of Selection of Counsel and in Opposition to the Competing Motions #19 , #23 filed by Societe Generale Securities Services GmbH. (Attachments: #1 Exhibit Order, #2 Exhibit Opinion and Order, #3 Exhibit Brief)(Kerger, Richard) Modified text, added links on 8/7/2017 (R,Ke). |
| Filing 67 Notice of Supplemental Authority in Support of #23 Motion for Appointment as Lead Plaintiff, Approval of its Selection of Lead Counsel and in Opposition to the Competing Motions #19 , #20 filed by Public Employees' Retirement System of Mississippi. (Attachments: #1 Exhibit A - Signet LP Order, #2 Exhibit B - Mississippi Reply Brief, #3 Exhibit C - Green Mountain Coffee Order)(Simpkins, Scott) Modified text on 7/31/2017 (R,Ke). Modified to add links on 8/7/2017 (R,Ke). |
| Filing 66 Marginal Entry Order granting motion to withdraw as attorney James M. Hughes and Meredith B. Miller for Boynton Beach Firefighters' Pension Fund and Employees' Retirement System of Mississippi. (Related Doc #65 ). Judge Jeffrey J. Helmick on 5/12/2017.(S,AL) |
| Filing 65 Motion by James M. Hughes and Meredith B. Miller to withdraw as attorney filed by Boynton Beach Firefighters' Pension Fund, Public Employees' Retirement System of Mississippi. (Landskroner, Jack) |
| Filing 64 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Christopher F. Moriarty for movant Societe Generale Securities Services GmbH. 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. (Related Doc #63 ). Judge Jeffrey J. Helmick on 5/3/2017.(SG,D) |
| Notice to Attorney Meredith B. Miller. 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. (G,CA) |
| Notice to Attorney James M. Hughes. 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) #63 . (G,CA) |
| Filing 63 Motion for attorney Christopher F. Moriarty to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8138863, filed by Boynton Beach Firefighters' Pension Fund, Public Employees' Retirement System of Mississippi. (Attachments: #1 Affidavit)(Landskroner, Jack) |
| Filing 62 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Jack Reise for movants City of Birmingham Retirement and Relief System and Societe Generale Securities Services GmbH. 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. (Related Doc #61 ). Judge Jeffrey J. Helmick on 4/28/2017.(SG,D) |
| Filing 61 Motion for attorney Jack Reise to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8133459, filed by Boynton Beach Firefighters' Pension Fund, Public Employees' Retirement System of Mississippi. (Attachments: #1 Affidavit)(Landskroner, Jack) Modified text on 4/28/2017 (G,CA). |
| Filing 60 Attorney Appearance by Jessie M. Gabriel filed by on behalf of Steven M. Cavanaugh, HCR ManorCare, Inc., Paul A. Ormond. (Gabriel, Jessie) |
| Filing 59 Marginal Entry Order granting Attorney Daniel R. Warren and Elliot Morrison's motion to withdraw as attorney for Steven M. Cavanaugh, HCR ManorCare, Inc. and Paul Ormond. (Related Doc #58 ). Judge Jeffrey J. Helmick on 1/23/2017.(S,AL) |
| Filing 58 Motion by Daniel R. Warren and Elliot D. Morrison to withdraw as attorney filed by Steven M. Cavanaugh, HCR ManorCare, Inc., Paul A. Ormond. (Morrison, Elliot) |
| Filing 57 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Ross M. Shikowitz for Plaintiff Public Employees' Retirement System of Mississippi. 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. (Related Doc #51 ). Judge Jeffrey J. Helmick on 9/26/2016.(SG,D) |
| Filing 56 Transcript of Oral Argument held on 9/13/16 before Judge Jeffrey J. Helmick. To obtain a bound copy of this transcript please contact court reporter Tracy McGurk at 419-213-5520. [93 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/23/2016. Redaction Request due 10/7/2016. Redacted Transcript Deadline set for 10/17/2016. Release of Transcript Restriction set for 12/15/2016. Related document(s) #55 , #52 , #54 , #53 . (M,Tl) |
| Filing 55 Non-Appeal Transcript Order Form for proceedings held on 9/13/2016 before Judge Jeffrey J. Helmick, Court Reporter: Tracy McGurk. Requested completion date: 10/17/2016 filed by HCR ManorCare, Inc.. (Morrison, Elliot) |
| Filing 54 Non-Appeal Transcript Order Form for proceedings held on 9/13/2016 before Judge Jeffrey J. Helmick, Court Reporter: Tracy McGurk. Requested completion date: 10/15/2016 filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (McCormick, Tricia) |
| Filing 53 Expedited Non-Appeal Transcript Order Form for proceedings held on 9/13/2016 before Judge Jeffrey J. Helmick, Court Reporter: Tracy McGurk. Requested completion date: 9/16/2016 filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Levin, Gregg) |
| Filing 52 Expedited Non-Appeal Transcript Order Form for proceedings held on 9/13/2016 before Judge Jeffrey J. Helmick, Court Reporter: Tracy McGurk. Requested completion date: 9/15/2016 filed by Public Employees' Retirement System of Mississippi. (Simpkins, Scott) |
| Minutes of proceedings before Judge Jeffrey J. Helmick. Oral Argument held on 9/13/2016. Gerald Silk, William Narwold and Darren Robbins argued on behalf of their client. Motion for appointment of lead counsel taken under advisement. (Court Reporter: Tracy McGurk.)Time: 1.55. (S,AL) |
| Filing 51 Motion for attorney Ross M. Shikowitz to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7792703, filed by Plaintiff Public Employees' Retirement System of Mississippi. (Attachments: #1 Affidavit)(Simpkins, Scott) Modified to add middle initial on 9/8/2016 (G,CA). |
| Filing 50 Attorney Appearance by Richard M. Kerger filed by on behalf of City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Kerger, Richard) |
| Notice [non-document]of Oral Argument set for 9/13/2016 at 10:00 AM in Courtroom 204 before Judge Jeffrey J. Helmick. The previously scheduled date of 8/31/2016 is vacated. Related document(s) #23 , #19 , #20 . (SG,D) |
| Filing 49 Sur-Reply in support of Public Employees' Retirement System of Mississippi's #23 Motion for appointment of counsel filed by Public Employees' Retirement System of Mississippi. (S,AL) |
| Filing 48 Marginal Entry Order granting Public Employees' Retirement System of Mississippi's motion for leave to file a sur-reply. (Related Doc #47 ). Judge Jeffrey J. Helmick on 8/18/2016.(S,AL) |
| Notice [Non Document]: Oral Argument on motions for appointment of lead plaintiff's counsel set for 8/31/2016 at 01:30 PM in Courtroom 204 before Judge Jeffrey J. Helmick. Related document(s) #23 , #19 , #20 . (S,AL) |
| Filing 47 Motion for leave to File Sur-Reply and Memorandum of Law in Support Thereof filed by Plaintiff Public Employees' Retirement System of Mississippi. (Attachments: #1 Sur-Reply Memorandum of Law in Support of the Motion of the Public Employees' Retirement System of Mississippi for Appointment as Lead Plaintiff, Approval of Its Selection of Lead Counsel, and in Opposition to the Competing Motion)(Simpkins, Scott) |
| Filing 46 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Joseph F. Rice for Societe Generale Securities Services GmbH. 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. (Related Doc #45 ). Judge Jeffrey J. Helmick on 8/15/2016.(SG,D) |
| Filing 45 Motion for attorney Joseph F. Rice to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7754793, filed by Movant Societe Generale Securities Services GmbH. (Attachments: #1 Affidavit)(Landskroner, Jack) Modified on 8/15/2016 to correct middle initial. (G,CA). |
| Filing 44 Marginal Entry Order granting Motion for appearance pro hac vice by attorney William H. Narwold for Societe Generale Securities Services GmbH. 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. (Related Doc #40 ). Judge Jeffrey J. Helmick on 8/12/2016.(SG,D) |
| Filing 43 Reply in support of #23 Motion for appointment of counsel filed by Public Employees' Retirement System of Mississippi. (Attachments: #1 Affidavit of Scott D. Simpkins in Support of Reply Memorandum, #2 Exhibit A - SGSS Assignments, #3 Exhibit B - KZVK Articles)(Simpkins, Scott) |
| Filing 42 Affidavit/Declaration of Jack Landskroner filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. Related document(s) #41 . (Attachments: #1 Exhibit A - Kern Declaration, #2 Exhibit B - PT-MASTER Assignment, #3 Exhibit C - Aktien Nordamerika 2 Assignment, #4 Exhibit D - REIT Nordamerika 1 Assignment, #5 Exhibit E - Case Chart, #6 Exhibit F - Toledo Blade Article, #7 Exhibit G - Coleman Declaration, #8 Exhibit H - SGSS Germany Declaration, #9 Exhibit I - Legal News Line Article, #10 Exhibit J - HB No. 211, #11 Exhibit K - Retention Agreement, #12 Exhibit L - Bernstein Complaint, #13 Exhibit M - Forbes Article, #14 Exhibit N - Yall Politics Article)(Landskroner, Jack) |
| Filing 41 Reply in support of #20 Motion for appointment of counsel and for appointment as lead plaintiff filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Landskroner, Jack) |
| Filing 40 Motion for attorney William H. Narwold to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7752547, filed by Movant Societe Generale Securities Services GmbH. (Attachments: #1 Affidavit Affidavit of William H. Narwold)(Landskroner, Jack) |
| Filing 39 Notice Related to Motions for Appointment of Lead Plaintiff and Lead Counsel filed by HCP, Inc., Lauralee Martin, Timothy Schoen. Related document(s) #24 , #37 , #21 , #23 , #38 , #19 , #20 , #22 .(King, James) |
| Filing 38 Opposition to #19 Motion for appointment of counsel Motion of Albert J. Bell for Appointment as Lead Plaintiff and Approval of Lead Counsel, #20 Motion for appointment of counsel and for appointment as lead plaintiff filed by Public Employees' Retirement System of Mississippi. (Attachments: #1 Affidavit of Scott D. Simpkins, #2 Exhibit A - Company Web Page, #3 Exhibit B - CBL Assignment, #4 Exhibit C - Avon Cert, #5 Exhibit D - CBL Brief)(Simpkins, Scott) |
| Filing 37 Opposition to #23 Motion for appointment of counsel, #19 Motion for appointment of counsel Motion of Albert J. Bell for Appointment as Lead Plaintiff and Approval of Lead Counsel filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Landskroner, Jack) |
| Filing 36 Notice of Non-Opposition by Albert J. Belle to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel filed by Albert J Belle. Related document(s) #23 , #20 .(Ferguson, Katherine) |
| Filing 35 Status Report filed by HCP, Inc., Lauralee Martin, Timothy Schoen. (Attachments: #1 Exhibit Ex. A, Notice of Voluntary Dismissal, Ryu v. HCP, Inc.)(King, James) |
| Filing 34 Marginal Entry Order granting motion for appearance pro hac vice by attorney Tricia L. McCormick for City of Birmingham Retirement and Relief System and Societe Generale Securities Services GmbH. 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. (Related Doc #31 ). Judge Jeffrey J. Helmick on 7/19/2016.(S,AL) |
| Filing 33 FILING ERROR. Duplicate filing. Motion for attorney Tricia L. McCormick to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7716693, filed by Movant Societe Generale Securities Services GmbH. (Landskroner, Jack) Modified on 7/18/2016. Motion termed. (G,CA). |
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Filing 32
Order of Telephone Conference held on 7/18/2016. As to the pending motions for lead plaintiff, responses shall be filed on or before 7/28/2016, with replies due no later than 8/11/2016. Counsel for HCP, Inc. to file a status report, as necessary, regarding the related litigation currently pending in the Central District of California. Judge Jeffrey J. Helmick on 7/18/2016. Time: 15 min(SG,D)
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| Filing 31 Motion for attorney Tricia L. McCormick to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7716693, filed by Movant Societe Generale Securities Services GmbH. (Landskroner, Jack) Modified text on 7/18/2016. Affidavit attached. (G,CA). |
| Filing 30 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Gregg S. Levin for Movants City of Birmingham Retirement and Relief System and Societe Generale Securities Services GmbH. 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. (Related Doc #27 ). Judge Jeffrey J. Helmick on 7/18/2016.(SG,D) |
| Filing 29 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Nathan R. Lindell for Movants City of Birmingham Retirement and Relief System and Societe Generale Securities Services GmbH. 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. (Related Doc #26 ). Judge Jeffrey J. Helmick on 7/18/2016.(SG,D) |
| Filing 28 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Darren J. Robbins for Movants City of Birmingham Retirement and Relief System and Societe Generale Securities Services GmbH. 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. (Related Doc #25 ). Judge Jeffrey J. Helmick on 7/18/2016.(SG,D) |
| Filing 27 Motion for attorney Gregg S. Levin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7714058, filed by Movant Societe Generale Securities Services GmbH. (Attachments: #1 Affidavit of Gregg S. Levin)(Landskroner, Jack) |
| Filing 26 Motion for attorney Nathan R. Lindell to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7714020, filed by Movant Societe Generale Securities Services GmbH. (Attachments: #1 Affidavit of Nathan R. Lindell)(Landskroner, Jack) |
| Filing 25 Motion for attorney Darren J. Robbins to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7713998, filed by Movant Societe Generale Securities Services GmbH. (Attachments: #1 Affidavit of Darren J. Robbins)(Landskroner, Jack) |
| Filing 24 Proposed Order Granting Plaintiff's #19 Motion for Appointment of Lead Plaintiff and Motion for Approval of Lead Counsel filed by Albert J Belle. (Ferguson, Katherine) |
| Filing 23 Motion for Appointment as Lead Plaintiff and Motion for appointment of Plaintiff's selection of lead counsel filed by Plaintiff Public Employees' Retirement System of Mississippi. (Attachments: #1 Brief in Support, #2 Affidavit of Scott D. Simpkins, #3 Exhibit A - BLBG Notice, #4 Exhibit B - Certification, #5 Exhibit C - Loss Chart, #6 Exhibit D - BLBG Resume, #7 Exhibit E - Barrack Resume, #8 Proposed Order)(Simpkins, Scott). Modified to add Motion on 7/12/2016 (L,A). |
| Filing 22 Proposed Order granting Plaintiff's #20 Motion for appointment of lead plaintiff and Motion for appointment of counsel filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Landskroner, Jack) |
| Filing 21 Affidavit/Declaration of Jack Landskroner in Support of Plaintiffs' #20 Motion for appointment of lead plaintiff and Motion for appointment of counsel filed by City of Birmingham Retirement and Relief System, Societe Generale Securities Services GmbH. (Attachments: #1 Exhibit A - Notice regarding the pendency of the action, #2 Exhibit B - Sworn Certifications, #3 Exhibit C - Loss Chart, #4 Exhibit D - Joint Declaration in Support, #5 Exhibit E - Robbins Geller firm resume, #6 Exhibit F - KBC Asset Management NV v. Chemed Corp. Order, #7 Exhibit G - Motley Rice firm resume)(Landskroner, Jack) |
| Filing 20 Motion for appointment as lead plaintiff and Motion for appointment of counsel filed by Societe Generale Securities Services GmbH, City of Birmingham Retirement and Relief System. (Attachments: #1 Brief in Support)(Landskroner, Jack). Modified to add Motion on 7/12/2016 (L,A). |
| Filing 19 Motion for appointment as lead plaintiff and Motion for appointment of counsel filed by Movant Albert J Belle. (Ferguson, Katherine). Modified to add Motion on 7/12/2016 (L,A). |
| Notice [Non Document]: Case management conference scheduled for 7/18/2016 at 10:30 am is converted to a telephone conference. Counsel shall call the bridge line at 877-411-9748, access code 1231873. (S,AL) |
| Filing 18 Case Management Conference Scheduling Notice: case management conference to be held on 7/18/2016 at 10:30 AM at Chambers 210 before Judge Jeffrey J. Helmick. (S,AL) |
| Filing 17 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Patrick J. Somers for Defendants HCP, Inc., Lauralee Martin, and for Timothy Schoen. 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. (Related Doc #13 ). Judge Jeffrey J. Helmick on 6/14/2016.(SG,D) |
| Filing 16 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Audra J. Soloway for Defendants HCP, Inc., Lauralee Martin, and Timothy Schoen. 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. (Related Doc #12 ). Judge Jeffrey J. Helmick on 6/14/2016.(SG,D) |
| Filing 15 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Daniel J. Kramer for Defendants HCP, Inc., Lauralee Martin, and Timothy Schoen. 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. (Related Doc #11 ). Judge Jeffrey J. Helmick on 6/14/2016.(SG,D) |
| Filing 14 Stipulation & Order regarding time to move, plead, or otherwise respond to complaints. re #9 Stipulation filed by Lauralee Martin, Timothy Schoen, HCP, Inc. Within 20 days after the entry of an order appointing, pursuant to the PSLRA, lead plaintiff(s) and lead counsel in the above-captioned action (or a consolidated action encompassing the above-captioned action), the Defendants and lead plaintiff(s) shall confer and propose to the Court dates by which (1) lead plaintiff(s) shall either (a) serve and file a consolidated class action complaint, which shall serve as the operative complaint in the action and shall supersede all other complaints filed in and/or transferred to this Court or (b) notify counsel for the Defendants that the original complaint filed by lead plaintiff(s) will be the operative complaint in the action; and (2) each of the Defendants (or group of defendants represented by the same counsel) shall move or plead in response to the operative complaint. See order for full details. Judge Jeffrey J. Helmick on 6/10/2016. (SG,D) |
| Filing 13 Motion for attorney Patrick J. Somers to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7661055, filed by HCP, Inc., Lauralee Martin, Timothy Schoen. (Attachments: #1 Exhibit Certificate of Good Standing)(King, James) |
| Filing 12 Motion for attorney Audra J. Soloway to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7661052, filed by HCP, Inc., Lauralee Martin, Timothy Schoen. (Attachments: #1 Exhibit Certificate of Good Standing)(King, James) |
| Filing 11 Motion for attorney Daniel J. Kramer to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7661035, filed by HCP, Inc., Lauralee Martin, Timothy Schoen. (Attachments: #1 Exhibit Certificate of Good Standing)(King, James) |
| Filing 10 Attorney Appearance by Thomas D. Warren filed by on behalf of Steven M. Cavanaugh, HCR ManorCare, Inc., Paul A. Ormond. (Warren, Thomas) |
| Filing 9 Joint Proposed Stipulation and [Proposed] Order Regarding Time to Move, Plead, or Otherwise Respond to Complaints filed by HCP, Inc., Lauralee Martin, Timothy Schoen. Related document(s) #1 .(King, James) |
| Filing 8 Marginal Entry Order granting Plaintiff's Motion for appearance pro hac vice by Rebecca Boon. 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. (Related Doc #5 ). Judge Jeffrey J. Helmick on 5/18/2016.(SG,D) |
| Filing 7 Marginal Entry Order granting Plaintiff's Motion for appearance pro hac vice by Avi Josefson. 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. (Related Doc #4 ). Judge Jeffrey J. Helmick on 5/18/2016.(SG,D) |
| Filing 6 Marginal Entry Order granting Plaintiff's Motion for appearance pro hac vice by Gerald H. Silk. 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. (Related Doc #3 ). Judge Jeffrey J. Helmick on 5/18/2016.(SG,D) |
| Filing 5 Motion for attorney Rebecca Boon to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7624844, filed by Plaintiff Boynton Beach Firefighters' Pension Fund. (Simpkins, Scott) |
| Filing 4 Motion for attorney Avi Josefson to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7624833, filed by Plaintiff Boynton Beach Firefighters' Pension Fund. (Simpkins, Scott) |
| Filing 3 Motion for attorney Gerald H. Silk to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7624805, filed by Plaintiff Boynton Beach Firefighters' Pension Fund. (Simpkins, Scott) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Steven M. Cavanaugh, HCP, Inc., HCR ManorCare, Inc., Lauralee Martin, Paul A. Ormond, Timothy Schoen. (Attachments: #1 Magistrate Consent Form) (H,JD) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (H,JD) |
| Judge Jeffrey J. Helmick assigned to case. (H,JD) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (H,JD) |
| Notice to Attorney Avi Josefson. 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 Gerald H. Silk. 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 Rebecca E. Boon. 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 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-7612625. Filed by Boynton Beach Firefighters' Pension Fund. (Attachments: #1 Exhibit Certification Pursuant to the Federal Securities Laws, #2 Civil Cover Sheet, #3 Summons HCP, Inc., #4 Summons HCR ManorCare, Inc., #5 Summons Lauralee Martin, #6 Summons Paul Ormond, #7 Summons Steven Cavanaugh, #8 Summons Timothy Schoen) (Simpkins, Scott) |
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