Crumrine v. Vivint Solar, Inc. et al
Plaintiff: Jason Crumrine
Defendant: David Bywater, Dana Russell and Vivint Solar
Petitioner: Brian Chow, Steven Mullen, Zhaoer Li, Kyu S. Jang, Paul Turner and Billy Wallace
Case Number: 2:2020cv00919
Filed: December 30, 2020
Court: US District Court for the District of Utah
Office: Central Office
Presiding Judge: Daphne A Oberg
Referring Judge: Jill N Parrish
2 Judge: Cecilia M Romero
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. ยง 0078 m(a) Securities Exchange Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 9, 2022 Opinion or Order Filing 100 FINAL ORDER AND JUDGMENT. Case Closed. Magistrate Judge Cecilia M. Romero no longer assigned to case Signed by Judge Jill N. Parrish on 5/9/22. (alf)
May 9, 2022 Opinion or Order Filing 99 ORDER granting in part and denying in part #92 Motion for Attorney Fees. Signed by Judge Jill N. Parrish on 5/9/22. (alf)
May 9, 2022 Opinion or Order Filing 98 ORDER APPROVING PLAN OF ALLOCATION. Signed by Judge Jill N. Parrish on 5/9/22. (alf)
May 5, 2022 Filing 97 Minute Entry for proceedings held before Judge Jill N. Parrish: Motion Hearing held on 5/5/2022 re #91 Plaintiff's MOTION for Settlement filed by Billy Wallace, Kyu S. Jang, #92 Plaintiff's MOTION for Attorney Fees filed by Billy Wallace, Kyu S. Jang. All parties appeared via zoom due to continued concerns with Covid 19. After hearing oral argument from counsel, the court took the matter under advisement and will issue a final order shortly. Court adjourned. Attorney for Plaintiff: Lawrence P. Engel, Marion C. Passmore, Mitchell A. Stephens, Attorney for Defendant: Geoffrey Kris Biehn, Kevin M. McDonough. Court Reporter: Kelly Hicken.(lwh)
April 28, 2022 Filing 96 Plaintiff's REPLY to Response to Motion re #92 Plaintiff's MOTION for Attorney Fees and Memorandum in Support , #91 Plaintiff's MOTION for Settlement and Memorandum in Support of (1) Lead Plaintiff's Motion for Final Approval of Class Action Settlement, Plan of Allocation, and Certification of Settlement Class, and (2) Lead Counsel's Motion for an Award of Attorney's Fees and Reimbursement of Litigation Expenses filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Exhibit A-Supplemental Declaration of Jack Ewashko, #2 Exhibit B-[Proposed] Final Order and Judgment, #3 Exhibit C-[Proposed] Order Approving Plan of Allocation, #4 Exhibit D-[Proposed] Order Awarding Attorney's Fees and Reimbursement of Litigation Expenses)(Stephens, Mitchell)
April 27, 2022 Filing 95 NOTICE OF HEARING ON MOTION re: #91 Plaintiff's MOTION for Settlement , #92 Plaintiff's MOTION for Attorney Fees : (Notice generated by JNP Chambers) Motion Hearing set for 5/5/2022 at 02:00 PM VIA ZOOM before Judge Jill N. Parrish. (lwh)
April 1, 2022 Opinion or Order Filing 94 ORDER granting #89 Motion for Leave to File Excess Pages; granting #90 Motion for Leave to File Excess Pages. The court notes that Plaintiffs failed to obtain leave to file excess pages before filing their overlength motions. See DUCivR 7-1(6)(A). The court reminds Plaintiffs of their obligation to comply with the Local Civil Rules. Signed by Magistrate Judge Cecilia M. Romero on 4/1/22. (alf)
March 31, 2022 Filing 93 AFFIDAVIT of re #92 Plaintiff's MOTION for Attorney Fees and Memorandum in Support , #91 Plaintiff's MOTION for Settlement and Memorandum in Support filed by Kyu S. Jang, Billy Wallace. (Attachments: #1 Exhibit A-Declaration of Jack EW Ashko of A.B. Data, LTD Regarding Notice Administration, #2 Exhibit B-Declaration of Kyu S. Jang in Support of (1) Lead Plaintiffs' Motion for Final Approval of Class Action, Plan of Allocation, and Certification of Settlement Class, and (2) Lead Counsel's Motion for an Award of Attorney's Fees, #3 Exhibit C-Declaration of Billy Wallace in Support of (1) Lead Plaintiffs' Motion for Final Approval of Class Action, Plan of Allocation, and Certification of Settlement Class, and (2) Lead Counsel's Motion for an Award of Attorney's Fees, #4 Exhibit D-Declaration of Lawrence P. Eagel on Behalf of Brager Eagel & Squire, P.C. in Support of Application for an Award of Attorney's Fees and Expenses, #5 Exhibit E-Declaration of Mitchell Stephens on Behalf of James Dodge Russell & Stephens, P.C. in Support of Application for an Award of Attorney's Fees and Expenses, #6 Exhibit F-Summary of Plaintiffs' Counsel's Lodestars and Expenses, #7 Exhibit G-Recent Trends in Securities Class Action Litigation)(Stephens, Mitchell)
March 31, 2022 Filing 92 Plaintiff's MOTION for Attorney Fees and Memorandum in Support filed by Movants Kyu S. Jang, Billy Wallace. Motions referred to Cecilia M. Romero.(Stephens, Mitchell)
March 31, 2022 Filing 91 Plaintiff's MOTION for Settlement and Memorandum in Support filed by Movants Kyu S. Jang, Billy Wallace. (Stephens, Mitchell)
March 31, 2022 Filing 90 Plaintiff's MOTION for Leave to File Excess Pages filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Text of Proposed Order Granting Lead Counsel's Ex Parte Motion for Leave to File Overlength Motion for an Award of Attorney's Fees and Reimbursement of Litigation Expenses, and Supporting Memorandum) Motions referred to Cecilia M. Romero.(Stephens, Mitchell)
March 31, 2022 Filing 89 Plaintiff's MOTION for Leave to File Excess Pages filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Text of Proposed Order Granting Lead Plaintiff's Ex Parte Motion for Leave to File Overlength Motion for Final Approval of Class Action Settlement, Plan of Allocation and Certification of Settlement Class, and Supporting Memorandum) Motions referred to Cecilia M. Romero.(Stephens, Mitchell)
November 30, 2021 Opinion or Order Filing 88 ORDER granting #87 Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Jill N. Parrish on 11/30/21. (alf)
November 10, 2021 Filing 87 Plaintiff's MOTION for Settlement and Memorandum in Support filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Affidavit Declaration of W. Scott Holleman in Support of Lead Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement, #2 Exhibit Exhibit A-Stipulation of Settlement Agreement, #3 Exhibit Exhibit B-BES Firm Resume, #4 Exhibit Exhibit C-JDRS Law Firm Resume, #5 Exhibit Exhibit D-Recent Trends in Securities Class Actin Litigation)(Stephens, Mitchell)
November 4, 2021 Opinion or Order Filing 86 DOCKET TEXT ORDER granting #84 Motion for Leave to File Excess Pages. The lead plaintiffs may file a motion for preliminary approval of the class action settlement totaling 20 pages in length. Signed by Judge Jill N. Parrish on 11/4/21. (ksb)
November 4, 2021 Opinion or Order Filing 85 ORDER granting #83 Motion to Stay for 11/10/21 to allow the parties to finalize and file a stipulation of settlement. Signed by Magistrate Judge Cecilia M. Romero on 11/4/21. (alf)
November 3, 2021 Filing 84 Stipulated MOTION for Leave to File Excess Pages and Memorandum in Support filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Text of Proposed Order Order Granting Leave to File Over length Memo) Motions referred to Cecilia M. Romero.(Stephens, Mitchell)
November 3, 2021 Filing 83 Stipulated MOTION to Stay and Memorandum in Support filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Text of Proposed Order Order Granting Motion to Continue Stay) Motions referred to Cecilia M. Romero.(Stephens, Mitchell)
October 26, 2021 Filing 82 SUBSTITUTION OF COUNSEL Geoffrey Kris Biehn replacing Bryant L. Watson, III as counsel on behalf of David Bywater, Dana Russell, Vivint Solar. (Biehn, Geoffrey)
October 4, 2021 Opinion or Order Filing 81 ORDER granting #80 Motion to Stay for 30 days to allow the parties to finalize and file a stipulation of settlement. Signed by Magistrate Judge Cecilia M. Romero on 10/4/21. (alf)
October 1, 2021 Filing 80 Stipulated MOTION to Stay (cont) Joint Status Report filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Text of Proposed Order Order Granting Motion to Continue Stay) Motions referred to Cecilia M. Romero.(Stephens, Mitchell)
September 2, 2021 Opinion or Order Filing 79 ORDER granting #78 Motion to Continue Stay for 30 days to allow the parties to finalize and file a stipulation of settlement. Signed by Magistrate Judge Cecilia M. Romero on 9/2/21. (alf)
September 1, 2021 Filing 78 MOTION to Continue Stay filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Text of Proposed Order Granting Motion to Continue Stay) Motions referred to Cecilia M. Romero.(Stephens, Mitchell)
August 2, 2021 Opinion or Order Filing 77 ORDER granting #76 Motion to Continue Stay for 30 days to allow the parties to finalize and file a stipulation of settlement. Signed by Magistrate Judge Cecilia M. Romero on 8/2/21. (alf)
July 30, 2021 Filing 76 Joint MOTION to Continue Motion to Stay/to Stay filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Continue Stay) Motions referred to Cecilia M. Romero.(Stephens, Mitchell) Modified on 8/3/2021 to correct event type (alf).
June 3, 2021 Opinion or Order Filing 75 ORDER granting #74 Motion to Stay for 60 days to allow parties to file a Stipulation of Settlement. If the stipulation of settlement is not filed within the 60-day period, the parties must file a joint status report and may request an extension of the stay if needed. Signed by Magistrate Judge Cecilia M. Romero on 6/3/21. (alf)
June 2, 2021 Filing 74 Stipulated MOTION to Stay and Notice of Settlement filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Stephens, Mitchell)
April 27, 2021 Filing 73 NOTICE of Change of Address by Bryant L. Watson, III for Co-Counsel Latham & Watkins, LLP (Watson, Bryant)
April 13, 2021 Opinion or Order Filing 72 ORDER granting #71 Motion for Extension of Time/AMENDED BRIEFING SCHEDULE. Defendants to file Motion to Dismiss: June 18, 2021.Plaintiffs to file Opposition to Motion to Dismiss: August 17, 2021.Defendants to file Motion to Dismiss Reply: September 16, 2021.The Parties to Submit Supplemental Attorney Planning Meeting Report and Proposed Scheduling Order 10 days after ruling on Defendants Motion to Dismiss Signed by Magistrate Judge Cecilia M. Romero on 4/13/21. (alf)
April 12, 2021 Filing 71 Stipulated MOTION for Extension of Time to Briefing Schedule and Memorandum in Support filed by Defendant Vivint Solar. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Watson, Bryant)
February 19, 2021 Opinion or Order Filing 70 ORDER SETTING BRIEFING SCHEDULE re #63 Attorney Planning Meeting. See order for deadline details. Signed by Magistrate Judge Cecilia M. Romero on 02/19/2021. (jl)
February 19, 2021 Opinion or Order Filing 69 ORDER granting #65 Motion for Admission Pro Hac Vice of Attorney Marion C. Passmore for Kyu S. Jang,Marion C. Passmore for Billy Wallace.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 02/18/2021. (jl)
February 19, 2021 Opinion or Order Filing 68 ORDER granting #66 Motion for Admission Pro Hac Vice of Attorney W. Scott Holleman for Kyu S. Jang,W. Scott Holleman for Billy Wallace.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 02/18/2021. (jl)
February 19, 2021 Opinion or Order Filing 67 ORDER granting #64 Motion for Admission Pro Hac Vice of Attorney Lawrence P. Eagel for Kyu S. Jang,Lawrence P. Eagel for Billy Wallace.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 02/18/2021. (jl)
February 17, 2021 Filing 66 MOTION for Admission Pro Hac Vice of W. Scott Holleman , Registration fee $ 250, receipt number AUTDC-3920557,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Text of Proposed Order Granting Pro Hac Vice Admission)(Stephens, Mitchell)
February 17, 2021 Filing 65 MOTION for Admission Pro Hac Vice of Marion C. Passmore , Registration fee $ 250, receipt number AUTDC-3920555,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Text of Proposed Order Granting Pro Hac Vice Admission)(Stephens, Mitchell)
February 17, 2021 Filing 64 MOTION for Admission Pro Hac Vice of Lawrence P. Eagel , Registration fee $ 250, receipt number AUTDC-3920529,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Movants Kyu S. Jang, Billy Wallace. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Text of Proposed Order Granting Pro Hac Vice Admission)(Stephens, Mitchell)
February 12, 2021 Filing 63 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Stephens, Mitchell)
January 27, 2021 Filing 62 NOTICE of Appearance by Michele D. Johnson on behalf of David Bywater, Dana Russell (Johnson, Michele)
January 26, 2021 Filing 61 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #46 filed by Defendants David Bywater, Dana Russell, Vivint Solar (Johnson, Michele)
January 21, 2021 Filing 60 NOTICE of Appearance by Bryant L. Watson, III on behalf of David Bywater, Dana Russell (Watson, Bryant)
January 21, 2021 Filing 59 NOTICE of Appearance by Peggy A. Tomsic on behalf of David Bywater, Dana Russell (Tomsic, Peggy)
January 21, 2021 Opinion or Order Filing 58 ORDER granting #57 Motion for Admission Pro Hac Vice of Attorney Michele D. Johnson for Vivint Solar.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 1/21/21. (jwt)
January 21, 2021 Filing 57 MOTION for Admission Pro Hac Vice of Michelle Johnson , Registration fee $ 250, receipt number AUTDC-3885996,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Vivint Solar. (Attachments: #1 Exhibit Application for PHV Admission, #2 Text of Proposed Order)(Watson, Bryant)
January 20, 2021 Filing 56 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #46 filed by Defendant Vivint Solar (Tomsic, Peggy)
January 19, 2021 Opinion or Order Filing 55 ORDER granting #54 Motion for Admission Pro Hac Vice of Attorney Kevin M. McDonough for Vivint Solar.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 1/19/21. (alf)
January 15, 2021 Filing 54 MOTION for Admission Pro Hac Vice of Kevin M. McDonough , Registration fee $ 250, receipt number AUTDC-3879113,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Vivint Solar. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Watson, Bryant)
January 15, 2021 Filing 53 NOTICE of Appearance by Bryant L. Watson, III on behalf of Vivint Solar (Watson, Bryant)
January 15, 2021 Filing 52 NOTICE of Appearance by Peggy A. Tomsic on behalf of Vivint Solar (Tomsic, Peggy)
January 13, 2021 Filing 51 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #46 filed by Movants Kyu S. Jang, Billy Wallace (Stephens, Mitchell)
January 13, 2021 Filing 50 NOTICE of Appearance by Mitchell A. Stephens on behalf of Kyu S. Jang, Billy Wallace (Stephens, Mitchell)
January 13, 2021 Filing 49 NOTICE of Appearance by Mark F James on behalf of Kyu S. Jang, Billy Wallace (James, Mark)
January 8, 2021 Opinion or Order Filing 48 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Cecilia M. Romero on 1/8/21. (jwt)
January 7, 2021 Opinion or Order Filing 47 ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 1/7/21. (ss)
January 6, 2021 Opinion or Order Filing 46 CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 1/6/21. (ss)
January 4, 2021 Filing 45 Case Reassigned to District Judge per Docket Text Order 44. Case randomly assigned to Judge Jill N. Parrish. Magistrate Judge Daphne A. Oberg no longer assigned to the case. (alf)
January 4, 2021 Opinion or Order Filing 44 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Because this case is a proposed class action, it is not feasible to obtain consent from all parties to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 01/04/2021. (med)
December 30, 2020 Filing 43 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney William Scott Holleman, for Movants Kyu S. Jang, Billy Wallace. (nl)
December 30, 2020 Filing 42 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Jeremy Alan Lieberman, for Movants Brian Chow, Zhaoer Li. (nl)
December 30, 2020 Filing 41 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Phillip Kim, for Movant Steven Mullen. (nl)
December 30, 2020 Filing 40 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Kevin M. McDonough, for Defendants David Bywater, Dana Russell, Vivint Solar. (nl)
December 30, 2020 Filing 39 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Lesley Frank Portnoy, for Plaintiff Jason Crumrine, Movant Paul Turner. (nl)
December 30, 2020 Filing 38 Case transferred in from USDC of New York Eastern; Case Number 1:19-cv-05777. Original file, certified copy of transfer order and docket sheet received. Assigned to Judge Daphne A. Oberg. Modified on 1/4/2021 to add judge's name (nl).
December 30, 2020 Opinion or Order Filing 37 MEMORANDUM AND ORDER: All defendants move, pursuant to 28 U.S.C. 1404(a), to transfer the action to the District of Utah. Defendants motion is granted. The Clerk is directed to transfer the case, including all actions consolidated thereunder, to the District of Utah. Ordered by Judge Frederic Block on 12/30/2020. (Innelli, Michael) [Transferred from New York Eastern on 12/30/2020.]
December 30, 2020 Opinion or Order ELECTRONIC ORDER: Transferring case to the District of Utah. See entry #37 .Ordered by Judge Frederic Block on 12/30/2020. (Innelli, Michael) [Transferred from New York Eastern on 12/30/2020.]
December 30, 2020 Opinion or Order Case transferred to District of Utah. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. Ordered by Judge Frederic Block on 12/30/2020. (Innelli, Michael) [Transferred from New York Eastern on 12/30/2020.]
December 4, 2020 Filing 36 Letter regarding the Court's November 30, 2020 Order by David Bywater, Dana Russell, Vivint Solar, Inc. (McDonough, Kevin) [Transferred from New York Eastern on 12/30/2020.]
December 4, 2020 Filing 35 Letter Motion to Request Mediation by Kyu S. Jang, Billy Wallace. (Holleman, William) [Transferred from New York Eastern on 12/30/2020.]
November 30, 2020 Minute Entry for proceedings held before Judge Frederic Block: William Scott Holleman, Esq. for the plaintiff and Kevin McDonough, Esq. for the defendants, all present. Telephone conference held on 11/30/20. The partys letters #32 & #33 as to venue and transferring this case to Utah were discussed. The Court will reserve decision. The court will decide the transfer of venue issue on the letters submitted by counsel and the oral argument conducted on November 30, 2020, absent any objection from counsel. By this Friday counsel will notify the Court by letter as to whether they agree to court mediation. (Court Reporter: Linda Marino 718 613 2484) (Innelli, Michael) Modified on 11/30/2020 TO ADD LANGUAGE. (Innelli, Michael). [Transferred from New York Eastern on 12/30/2020.]
November 17, 2020 Filing 34 Letter regarding amending the Complaint by Kyu S. Jang, Billy Wallace (Eagel, Lawrence) [Transferred from New York Eastern on 12/30/2020.]
November 16, 2020 Opinion or Order SCHEDULING ORDER: A telephone conference is scheduled for November 30, 2020 @ 3:00 PM to discuss the parties letters #32 & #33 as to venue and transferring this case to Utah. All parties are directed to call 877-336-1839 then enter access code 7543641 at the time of the telephone conference. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephone conference. ( Telephone Conference set for 11/30/2020 03:00 PM before Judge Frederic Block.). Ordered by Judge Frederic Block on 11/16/2020. (Innelli, Michael) [Transferred from New York Eastern on 12/30/2020.]
November 10, 2020 Filing 33 Letter Motion requesting a transfer to the United States District Court for the District of Utah by David Bywater, Dana Russell, Vivint Solar, Inc. (Attachments: #1 Declaration of Dana Russell in Support of Defendants' Letter Motion to Transfer Venue) (McDonough, Kevin) [Transferred from New York Eastern on 12/30/2020.]
November 10, 2020 Filing 32 Letter Addressing Venue by Kyu S. Jang, Billy Wallace (Eagel, Lawrence) [Transferred from New York Eastern on 12/30/2020.]
November 9, 2020 Case Reassigned to Chief Magistrate Cheryl L. Pollak. Magistrate Judge James Orenstein no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) [Transferred from New York Eastern on 12/30/2020.]
October 27, 2020 Minute Entry for proceedings held before Judge Frederic Block: William Holleman, Esq. & Lawrence Eagle, Esq. for the plaintiff and Kevin McDonough, Esq. for the defendants, all present. Telephone pre-motion conference held on 10/27/2020. Defendants anticipated motion to dismiss the consolidated class action complaint or change venue to Utah were discussed. By November 17, 2020 plaintiff will serve and file an amend class consolidated complaint if they wish too. By November 10, 2020 both sides will serve and file letters addressing the venue issue discussed. The Court may decide to schedule another conference after recent of counsels letters. (Court Reporter: Not Reported) (Innelli, Michael) Modified on 10/27/2020 TO CORRECT DUE DATES. (Innelli, Michael). [Transferred from New York Eastern on 12/30/2020.]
October 5, 2020 Opinion or Order SCHEDULING ORDER: The pre-motion conference scheduled for October 27, 2020 @ 3:00 PM is being converted to a telephone conference, due to the ongoing health crisis with COVID-19. All parties are directed to call 877-336-1839 access code 7543641 at the time of the telephone pre-motion conference . Upon receipt of this email counsel shall confirm with each other of the date and time of this telephone pre-motion conference. Ordered by Judge Frederic Block on 10/5/2020. (Innelli, Michael) [Transferred from New York Eastern on 12/30/2020.]
August 27, 2020 Set/Reset Hearings: The pre-motion conference scheduled for September 23, 2020 is being adjourned by the Court to October 27, 2020 @ 3:00 PM due to a conflict with the Court's calendar and the ongoing health crisis with COVID-19. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. (Innelli, Michael) [Transferred from New York Eastern on 12/30/2020.]
August 24, 2020 Opinion or Order Filing 31 SCHEDULING ORDER: Defendant's letter application #29 dated 7/29/20 is GRANTED. A pre motion conference is scheduled on September 23, 2026 @ 3:00PM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application.Ordered by Judge Frederic Block on 8/24/2020. (Innelli, Michael) [Transferred from New York Eastern on 12/30/2020.]
August 5, 2020 Filing 30 RESPONSE to Motion re #29 Letter MOTION for pre motion conference regarding Defendants' anticipated motion to transfer filed by Kyu S. Jang, Billy Wallace. (Holleman, William) [Transferred from New York Eastern on 12/30/2020.]
July 29, 2020 Filing 29 Letter MOTION for pre motion conference regarding Defendants' anticipated motion to transfer by David Bywater, Dana Russell, Vivint Solar, Inc.. (McDonough, Kevin) [Transferred from New York Eastern on 12/30/2020.]
July 29, 2020 Filing 28 Corporate Disclosure Statement by Vivint Solar, Inc. (McDonough, Kevin) [Transferred from New York Eastern on 12/30/2020.]
July 29, 2020 Filing 27 NOTICE of Appearance by Kevin M. McDonough on behalf of David Bywater, Dana Russell, Vivint Solar, Inc. (aty to be noticed) (McDonough, Kevin) [Transferred from New York Eastern on 12/30/2020.]
June 29, 2020 Filing 26 AMENDED COMPLAINT CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against All Defendants, filed by Billy Wallace, Kyu S. Jang. (Holleman, William) [Transferred from New York Eastern on 12/30/2020.]
April 30, 2020 Filing 25 Proposed Scheduling Order by Kyu S. Jang, Billy Wallace (Holleman, William) [Transferred from New York Eastern on 12/30/2020.]
April 30, 2020 Opinion or Order ORDER re #25 Proposed Scheduling Order -- The proposed scheduling order, Docket Entry #25 , is so ordered. Ordered by Magistrate Judge James Orenstein on 4/30/2020. (Walker, Anna) [Transferred from New York Eastern on 12/30/2020.]
March 27, 2020 Opinion or Order Filing 24 ORDER -- The above-captioned securities fraud class actions pending in this Judicial District are hereby consolidated for all purposes pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. Any actions that have been filed, or may be filed, which are related and which may be considered herewith, are consolidated under Case No. 1:19-cv-05777-FB-JO (the "Consolidated Action"). SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 3/27/2020. Associated Cases: 1:19-cv-05777-FB-JO, 2:19-cv-06165-FB-JO (Walker, Anna) [Transferred from New York Eastern on 12/30/2020.]
March 23, 2020 Opinion or Order Filing 23 ORDER finding as moot #6 Motion to Consolidate Cases; finding as moot #6 Motion to Appoint Counsel ; finding as moot #8 Motion to Consolidate Cases; finding as moot #8 Motion to Appoint Counsel ; finding as moot #10 Motion to Consolidate Cases; finding as moot #10 Motion to Appoint Counsel ; granting #14 Motion to Consolidate Cases and appoint counsel. For the reasons set forth in the attached document, I grant the motion of Billy Wallace and Kyu S. Jang and find the remaining motions to be moot. Ordered by Magistrate Judge James Orenstein on 3/23/2020. (Orenstein, James) [Transferred from New York Eastern on 12/30/2020.]
January 7, 2020 Filing 22 SUMMONS Returned Executed by Jason Crumrine. Vivint Solar, Inc. served on 11/21/2019, answer due 12/12/2019. (Linkh, Gregory) [Transferred from New York Eastern on 12/30/2020.]
December 31, 2019 Filing 21 NOTICE by Kyu S. Jang, Billy Wallace re #14 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appointment as Lead Plaintiff Notice of Non-Opposition to Motion of Billy Wallace and Kyu S. Jang for Consolidation of Actions, Appointment as Lead Plaintiff, and Approval of Counsel (Holleman, William) [Transferred from New York Eastern on 12/30/2020.]
December 26, 2019 Filing 20 NOTICE by Paul Turner of Non-Opposition to Competing Lead Plaintiff Motions (Linkh, Gregory) [Transferred from New York Eastern on 12/30/2020.]
December 24, 2019 Filing 19 MEMORANDUM in Opposition re #8 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION OF THE VIVINT INVESTOR GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL, #6 MOTION to Consolidate Cases 19-cv-05777 and 19-cv-06165 MOTION to Appoint Counsel and Appoint Lead Plaintiff, #10 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Kyu S. Jang, Billy Wallace. (Attachments: #1 Declaration, #2 Exhibit 1) (Holleman, William) [Transferred from New York Eastern on 12/30/2020.]
December 23, 2019 Filing 18 NOTICE by Brian Chow, Zhaoer Li re #8 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION OF THE VIVINT INVESTOR GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL NOTICE OF NON-OPPOSITION OF MOTION OF THE VIVINT INVESTOR GROUP TO COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF COUNSEL (Lieberman, Jeremy) [Transferred from New York Eastern on 12/30/2020.]
December 23, 2019 Filing 17 NOTICE by Steven Mullen re #6 MOTION to Consolidate Cases 19-cv-05777 and 19-cv-06165 MOTION to Appoint Counsel and Appoint Lead Plaintiff Notice of Withdrawal (Kim, Phillip) [Transferred from New York Eastern on 12/30/2020.]
December 11, 2019 Opinion or Order ELECTRONIC ORDER: Movants motions #6 , #8 , #10 and #14 to consolidate and appoint lead counsel are referred to MJ ORENSTEIN to decide. Ordered by Judge Frederic Block on 12/11/2019. (Innelli, Michael) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 16 MEMORANDUM in Support re #14 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Kyu S. Jang, Billy Wallace. (Holleman, William) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 15 AFFIDAVIT/DECLARATION in Support re #14 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Kyu S. Jang, Billy Wallace. (Attachments: #1 Exhibit 1 Signed Certifications, #2 Exhibit 2 Loss Chart, #3 Exhibit 3 Joint Declaration, #4 Exhibit 4 Original Press Release, #5 Exhibit 5 Firm Resume) (Holleman, William) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 14 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appointment as Lead Plaintiff by Billy Wallace, Kyu S. Jang. (Attachments: #1 Proposed Order) (Holleman, William) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 13 AFFIDAVIT/DECLARATION in Support re #10 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Paul Turner. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Movant Certification, #3 Exhibit C - Movant Loss Chart, #4 Exhibit D - GPM Firm Resume) (Portnoy, Lesley) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 12 MEMORANDUM in Support re #10 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Paul Turner. (Portnoy, Lesley) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 11 AFFIDAVIT/DECLARATION in Support re #8 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION OF THE VIVINT INVESTOR GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL filed by Brian Chow, Zhaoer Li. (Attachments: #1 Exhibit A - Press Release, #2 Exhibit B - Certifications, #3 Exhibit C - Loss Chart, #4 Exhibit D - Firm Resume) (Lieberman, Jeremy) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 10 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appointment as Lead Plaintiff by Paul Turner. (Attachments: #1 Proposed Order) (Portnoy, Lesley) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 9 MEMORANDUM in Support re #8 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION OF THE VIVINT INVESTOR GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL filed by Brian Chow, Zhaoer Li. (Lieberman, Jeremy) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 8 MOTION to Consolidate Cases , MOTION to Appoint Counsel NOTICE OF MOTION OF THE VIVINT INVESTOR GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL by Brian Chow, Zhaoer Li. (Attachments: #1 Proposed Order) (Lieberman, Jeremy) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 7 MEMORANDUM in Support re #6 MOTION to Consolidate Cases 19-cv-05777 and 19-cv-06165 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Steven Mullen. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume) (Kim, Phillip) [Transferred from New York Eastern on 12/30/2020.]
December 10, 2019 Filing 6 MOTION to Consolidate Cases 19-cv-05777 and 19-cv-06165, MOTION to Appoint Counsel and Appoint Lead Plaintiff by Steven Mullen. (Attachments: #1 Proposed Order) (Kim, Phillip) [Transferred from New York Eastern on 12/30/2020.]
November 7, 2019 Filing 5 Notice of Related Case indicated on the civil cover sheet in case number 19cv6165. (Rodin, Deanna) [Transferred from New York Eastern on 12/30/2020.]
October 15, 2019 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 12/30/2020.]
October 15, 2019 Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 12/30/2020.]
October 11, 2019 Filing 2 Summons Issued as to All Defendants. (Bowens, Priscilla) [Transferred from New York Eastern on 12/30/2020.]
October 11, 2019 Case assigned to Judge Frederic Block and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 12/30/2020.]
October 11, 2019 Filing 1 COMPLAINT against David Bywater, Dana Russell, Vivint Solar, Inc. filing fee $ 400, receipt number ANYEDC-11939448 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jason Crumrine. (Attachments: #1 PSLRA Certification, #2 Civil Cover Sheet, #3 Proposed Summons) (Portnoy, Lesley) [Transferred from New York Eastern on 12/30/2020.]

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Search for this case: Crumrine v. Vivint Solar, Inc. et al
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Petitioner: Brian Chow
Represented By: Jeremy Alan Lieberman
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Petitioner: Steven Mullen
Represented By: Phillip Kim
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Petitioner: Zhaoer Li
Represented By: Jeremy Alan Lieberman
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Petitioner: Kyu S. Jang
Represented By: William Scott Holleman
Represented By: Lawrence P. Eagel
Represented By: Marion C. Passmore
Represented By: Mark F James
Represented By: Mitchell A. Stephens
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Petitioner: Paul Turner
Represented By: Lesley Frank Portnoy
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Petitioner: Billy Wallace
Represented By: William Scott Holleman
Represented By: Lawrence P. Eagel
Represented By: Marion C. Passmore
Represented By: Mark F James
Represented By: Mitchell A. Stephens
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Defendant: David Bywater
Represented By: Peggy A. Tomsic
Represented By: Bryant L. Watson, III
Represented By: Michele D. Johnson
Represented By: Geoffrey Kris Biehn
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Defendant: Dana Russell
Represented By: Peggy A. Tomsic
Represented By: Bryant L. Watson, III
Represented By: Michele D. Johnson
Represented By: Geoffrey Kris Biehn
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Defendant: Vivint Solar
Represented By: Kevin M. McDonough
Represented By: Michele D. Johnson
Represented By: Peggy A. Tomsic
Represented By: Bryant L. Watson, III
Represented By: Geoffrey Kris Biehn
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Plaintiff: Jason Crumrine
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