Chambers v. Overstock.com et al
Plaintiff: Michael Chambers
Defendant: Gregory J. Iverson, Overstock.com and Patrick M. Byrne
Petitioner: Aaron Birdwell, Doris Jordan, Robert Gutierrez and Dr. George Sachs
Case Number: 2:2019cv00741
Filed: October 8, 2019
Court: US District Court for the District of Utah
Presiding Judge: Tena Campbell
Referring Judge: Dale A Kimball
Nature of Suit: Securities/Commodities
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 3, 2020 Opinion or Order Filing 17 ORDER Consolidating the Present Action into the Lead Case 2:19-cv-00709-DAK. Signed by Judge Dale A. Kimball on 1/3/2020. (eat)
January 3, 2020 Judge Dale A. Kimball added. Judge Tena Campbell no longer assigned to case. (eat)
January 3, 2020 Civil Case Terminated pursuant to the #17 Order of Consolidation. (eat)
December 6, 2019 Filing 16 NOTICE of Appearance by Alan S. Mouritsen on behalf of Gregory J. Iverson, Overstock.com (Mouritsen, Alan)
December 6, 2019 Filing 15 NOTICE of Appearance by Erik A. Christiansen on behalf of Gregory J. Iverson, Overstock.com (Christiansen, Erik)
November 27, 2019 Filing 14 MOTION to Appoint Lead Plaintiff and Memorandum in Support , MOTION to Appoint Counsel and Memorandum in Support , MOTION to Consolidate Cases and Memorandum in Support filed by Movant George Sachs. (Attachments: #1 Affidavit of Mark F. James, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(James, Mark)
November 27, 2019 Filing 13 NOTICE OF FILING of Motion for Consolidation of Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel filed by Movants Aaron Birdwell, Robert Gutierrez, Doris Jordan. (McNeill, Jason)
November 27, 2019 Filing 12 CLERK'S NOTICE OF ERROR re #4 Notice of Filing, #5 Notice (Other). Description of error: Filers did not have their actual parties added to the case and instead incorrectly selected the existing plaintiff, who they don't represent, as the filer. As they did not add themselves to the case as counsel for the Plaintiff, text has been added to each entry to clarify that the Plaintiff is not the filer. (alt)
November 27, 2019 Filing 11 NOTICE OF DEFICIENCY re #6 MOTION to Appoint Counsel, #7 Affidavit/Declaration in Support of Motion, #8 MOTION to Consolidate Cases, #9 MOTION to Appoint Counsel #10 Affidavit/Declaration in Support of Motion. All filings were done incorrectly as none of the filers are parties in this case and the plaintiff in this case is not a filer of any of the documents. Also the documents indicate that this is a consolidated case and this case is not a consolidated case. The clerk will terminate all motions, mark all entries as erroneous, and remove all attorneys from the case as they do not represent the single plaintiff in this case. Filers are reminded that they must call and have parties added to a case before they can file anything on behalf of that party. (alt)
November 26, 2019 Filing 10 ERROR: NOT FILED BY PLAINTIFF - AFFIDAVIT/DECLARATION of Jeremy A. Lieberman in Support re #9 MOTION to Appoint Counsel and Memorandum in Support , filed by Movants (1) Dennis Sikorski, (2) Richard McGinnis, and (3) Ahmed Muzzammil Jaufer Sadiq (collectively, the Overstock Investor Group), pursuant to Section 21D(a)(3) of the Securities Ex change Act, and In Support of Motion of The Overstock Investor Group (Doc. No. 9) for Consolidation, Appointment as Lead Plaintiff and Approval of Counsel, and not filed by Plaintiff Michael Chambers. (Attachments: #1 Exhibit A-- PSLRA Notice, #2 Exhibit B-- Shareholder Certifications executed by members of the Overstock Investor Group, #3 Exhibit C-- Loss Chart of the Overstock Investor Group, #4 Exhibit D-- Pomerantz resume, #5 Exhibit E-- B L Resume, #6 Exhibit F-- Peters Scofield 2019 Firm Resume)(Scofield, David) Modified on 11/27/2019: added error text (alt)
November 26, 2019 Filing 9 ERROR: NOT FILED BY PLAINTIFF - MOTION to Appoint Counsel and Memorandum in Support , filed by Movants (1) Dennis Sikorski, (2) Richard McGinnis, and (3) Ahmed Muzzammil Jaufer Sadiq (collectively, the Overstock Investor Group), pursuant to Section 21D(a)(3) of the Securities Exchange Act of 1934, 15 U.S.C. 78u-4(a)(3), as amended by the Private Securities Litigation Reform Act of 1995 and Fed. R. Civ. P. 42 for the entry of an Order: (1) consolidating the captioned actions; (2) appointing the Overstock Investor Group as Lead Plaintiff on behalf of all persons and entities that purchased or otherwise acquired the securities of Overstock.com. Inc., between May 9, 2019 and November 11, 2019, both dates inclusive; and (3) approving Lead Plaintiffs selection of and Block & Leviton LLP as Co-Lead Counsel and Peters | Scofield as Liaison Counsel for the Class, and not filed by Plaintiff Michael Chambers. Attorney David W. Scofield added to party Michael Chambers(pty:pla)(Scofield, David) Modified on 11/27/2019: added error text (alt)
November 26, 2019 Filing 8 ERROR: NOT FILED BY PLAINTIFF - MOTION to Consolidate Cases and Memorandum in Support filed by Plaintiff Michael Chambers. (Attachments: #1 Affidavit of Mark F. James, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) Attorney Mark F James added to party Michael Chambers(pty:pla)(James, Mark) Modified on 11/27/2019: added error text (alt)
November 26, 2019 Filing 7 ERROR: NOT FILED BY PLAINTIFF - AFFIDAVIT/DECLARATION of Brent R. Baker in Support re #6 MOTION to Appoint Counsel and Memorandum in Support MOTION OF THE MANGROVE PARTNERS MASTER FUND, LTD. FOR APPOINTMENT AS LEAD PLAINTIFF, APPOINTMENT OF LEAD COUNSEL, AND CONSOLIDATION OF RELATED ACTIONS filed by Plaintiff Michael Chambers. (Attachments: #1 Exhibit A- Notice Announcing a Security Class Acction, #2 Exhibit B- Mangrove Partners' Certification, #3 Exhibit C-Chart, #4 Exhibit D-Cohen Milstein's Firm Resume, #5 Exhibit E- Clyde Snow's Firm Resume)(Baker, Brent) Modified on 11/27/2019: added error text (alt)
November 26, 2019 Filing 6 ERROR: NOT FILED BY PLAINTIFF - MOTION to Appoint Counsel and Memorandum in Support MOTION OF THE MANGROVE PARTNERS MASTER FUND, LTD. FOR APPOINTMENT AS LEAD PLAINTIFF, APPOINTMENT OF LEAD COUNSEL, AND CONSOLIDATION OF RELATED ACTIONS filed by Plaintiff Michael Chambers. (Attachments: #1 Text of Proposed Order) Attorney Brent R. Baker added to party Michael Chambers(pty:pla)(Baker, Brent) Modified on 11/27/2019: added error text (alt)
November 26, 2019 Filing 5 ERROR: NOT FILED BY PLAINTIFF - NOTICE of Filing of Motion for Consolidation, Appointment as Lead Plaintiff, and Approval as Counsel filed by Overstock Investment Group by Michael Chambers (Weyher, Zachary) Modified on 11/27/2019: added error text (alt)
November 26, 2019 Filing 4 ERROR: NOT FILED BY PLAINTIFF - NOTICE OF FILING of of Motion for Consolidation of Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel filed by Doris Jordan, Robert Gutierrez, and Aaron Birdwell filed by Plaintiff Michael Chambers. (McNeill, Jason) Modified on 11/27/2019: added error text (alt)
October 8, 2019 Filing 3 DECLARATION of Michael Chambers re #2 Complaint, Plaintiff's Certification of Securities Fraud Class Action Complaint filed by Michael Chambers. (Harper, Jon)
October 8, 2019 Filing 2 COMPLAINT Class Action Complaint for Violations of Federal Securities Laws against All Defendants (Filing fee $ 400, receipt number 1088-3391009) filed by Michael Chambers. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Tena Campbell (Harper, Jon)
October 8, 2019 Filing 1 Case has been indexed and assigned to Judge Tena Campbell. Plaintiff Michael Chambers is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh)

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Defendant: Gregory J. Iverson
Represented By: Alan S. Mouritsen
Represented By: Erik A. Christiansen
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Defendant: Overstock.com
Represented By: Alan S. Mouritsen
Represented By: Erik A. Christiansen
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Defendant: Patrick M. Byrne
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Plaintiff: Michael Chambers
Represented By: Jon V. Harper
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Petitioner: Aaron Birdwell
Represented By: Jason A. McNeill
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Petitioner: Doris Jordan
Represented By: Jason A. McNeill
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Petitioner: Robert Gutierrez
Represented By: Jason A. McNeill
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Petitioner: Dr. George Sachs
Represented By: Mark F James
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