In Re: K12 Inc. Securities Litigation
| Yun Chau Lee, James Boykin, Adnan Saeed and Chan-Hee Koh |
| K12,Inc., Nathaniel A Davis and Timothy Medina |
| John Pohly and Richard Pohly |
| Jennifer Baig |
| 1:2020cv01419 |
| November 19, 2020 |
| US District Court for the Eastern District of Virginia |
| Theresa Carroll Buchanan |
| Michael S Nachmanoff |
| Liam O'Grady |
| Securities/Commodities |
| 12 U.S.C. § 22 Securities Fraud |
| Plaintiff |
Docket Report
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| Filing 51 USCA JUDGMENT as to #47 Notice of Appeal filed by Chan-Hee Koh, James Boykin, Adnan Saeed. In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (dvanm) |
| Filing 50 PUBLISHED Opinion of USCA re 47 Notice of Appeal, decided November 22, 2022 - AFFIRMED. (dvanm) |
| Case reassigned to District Judge Michael S Nachmanoff. District Judge Liam O'Grady no longer assigned to the case. (pmil, ) |
| Filing 49 USCA Case Number 21-2351 4th Circuit, case manager Rachel J Lee for #47 Notice of Appeal filed by Chan-Hee Koh, James Boykin, Adnan Saeed. (swil) |
| Filing 48 Transmission of Notice of Appeal to US Court of Appeals re #47 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (swil) |
| Assembled INITIAL Electronic Record Transmitted to 4CCA re #47 Notice of Appeal (swil) |
| Filing 47 NOTICE OF APPEAL as to (43 in 1:20-cv-01419-LO-TCB) Order, (46 in 1:20-cv-01419-LO-TCB) Clerk's Judgment by James Boykin, James Boykin, Chan-Hee Koh, Adnan Saeed. Filing fee $ 505, receipt number VAEDC-8129271. (Kaplan, Matthew) |
| Filing 46 CLERK'S JUDGMENT. Signed by Clerk on 11/19/2021. (swil) |
| Filing 44 Consent MOTION to Direct Entry of Final Judgment in Favor of Defendants re #43 Order by Nathaniel A Davis, K12,Inc., Timothy Medina. (Attachments: #1 Proposed Order)(Barry, Stephen) |
Filing 45
ORDER granting #44 Consent MOTION to Direct Entry of Final Judgment in Favor of Defendants re 43 Order (see Order for further details). Signed by District Judge Liam O'Grady on 11/17/2021. (swil)
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Filing 43
ORDERED that this action is hereby DISMISSED WITH PREJUDICE. The matter is terminated (see Order for further details). Signed by District Judge Liam O'Grady on 11/1/2021. (swil)
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| Filing 42 Letter to the Court. (Kaplan, Matthew) |
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Filing 41
So Ordered re #40 STIPULATION and Proposed Case Management Plan and Scheduling Order filed by Nathaniel A Davis, Timothy Medina, K12,Inc (see Order for further details). Signed by District Judge Liam O'Grady on 10/27/2021. (swil)
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| Filing 40 STIPULATION and Proposed Case Management Plan and Scheduling Order by Nathaniel A Davis, K12,Inc., Timothy Medina. (Barry, Stephen) |
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Filing 39
ORDER dismissing without prejudice Plaintiff's Amended Complaint. Plaintiffs may replead and file a Second Amended Complaint, provided that the complaint complies with Federal Rule of Civil Procedure 11(b) and is not futile. Signed by District Judge Liam O'Grady on 9/16/2021. (swil)
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| Per LO Chambers motion set for 9/10/21 on papers. (klau, ) |
| Filing 38 REPLY to Response to Motion re #34 MOTION to Dismiss for Failure to State a Claim filed by Nathaniel A Davis, K12,Inc., Timothy Medina. (Barry, Stephen) |
| Filing 37 Memorandum in Opposition re #34 MOTION to Dismiss for Failure to State a Claim MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS CONSOLIDATED AMENDED COMPLAINT FOR VIOLATION OF FEDERAL SECURITIES LAWS filed by James Boykin, James Boykin, Chan-Hee Koh, Adnan Saeed. (Attachments: #1 Appendix Appendix A - INDEX OF ALLEGED MISSTATEMENTS IN CONSOLIDATED AMENDED COMPLAINT, #2 Affidavit DECLARATION OF BRENDA SZYDLO)(Kaplan, Matthew) |
| Set Deadlines as to #34 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 9/10/2021 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. (clar, ) |
| Filing 36 Notice of Hearing Date set for 09/10/2021 re #34 MOTION to Dismiss for Failure to State a Claim (Barry, Stephen) |
| Filing 35 Memorandum in Support re #34 MOTION to Dismiss for Failure to State a Claim filed by Nathaniel A Davis, K12,Inc., Timothy Medina. (Attachments: #1 Appendix A, #2 Appendix B, #3 Declaration of Stephen P. Barry, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19)(Barry, Stephen) |
| Filing 34 MOTION to Dismiss for Failure to State a Claim by Nathaniel A Davis, K12,Inc., Timothy Medina. (Attachments: #1 Proposed Order)(Barry, Stephen) |
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Filing 33
ORDER granting #32 Motion for Pro hac vice Appointed Nicholas Rosellini for Nathaniel A Davis,Nicholas Rosellini for K12,Inc.,Nicholas Rosellini for Timothy Medina. Signed by District Judge Liam O'Grady on 05/14/2021. (clar, )
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| Filing 32 Motion to appear Pro Hac Vice by Nicholas Rosellini and Certification of Local Counsel Stephen P. Barry Filing fee $ 75, receipt number AVAEDC-7783065. by Nathaniel A Davis, K12,Inc., Timothy Medina. (Barry, Stephen) |
| Filing 31 AMENDED COMPLAINT CONSOLIDATED AMENDED COMPLAINT FOR VIOLATION OF FEDERAL SECURITIES LAWS against Nathaniel A Davis, K12,Inc., Timothy Medina, filed by James Boykin, James Boykin, Adnan Saeed, Chan-Hee Koh. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Kaplan, Matthew) |
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Filing 29
ORDER granting #28 Motion to appear Pro Hac Vice by Villi A. Shteyn. Signed by District Judge Liam O'Grady on 3/17/2021. (ahas)
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Filing 30
ORDER granting #27 Motion to appear Pro Hac Vice by Jeremy A. Lieberman. Signed by District Judge Liam O'Grady on 3/15/2021. (ahas)
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| Filing 28 Motion to appear Pro Hac Vice by Villi A. Shteyn and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number 0422-7672179. by James Boykin. (Kaplan, Matthew) |
| Filing 27 Motion to appear Pro Hac Vice by Jeremy A. Lieberman and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number 0422-7637440. by James Boykin. (Kaplan, Matthew) |
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Filing 26
ORDER denying #15 MOTION For Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel filed by Richard Pohly, John Pohly; denying #11 MOTION to Consolidate Cases and Appoint Yun Chau Lee As Lead Plaintiff and Approve Lead Counsel and Liaison Counsel; granting #13 MOTION to Appoint Counsel Motion for Consolidation and for Appointment of Lead Plaintiff and Lead Counsel by James Boykin by Yun Chau Lee , IT IS HEREBY ORDERED THAT: I. CONSOLIDATED OF RELATED ACTIONS 1. Pursuant to Federal Rule of Civil Procedure 42, the above-captioned related actions are hereby consolidated for all purposes into one action. II. MASTER DOCKET AND FILE A Master Docket and Master File shall be established for the Consolidated Action. The Master File shall be No. 1:20-cv-01419-LO-TCB. All orders, pleadings, motions, and other documents shall, when filed and docketed in the Master File, be deemed filed and docketed in each individual case to the extent applicable. III. APPOINTMENT OF LEAD PLAINTIFF AND COUNSEL Having reviewed all pending motions and accompanying memoranda of law, the Court hereby appoints James Boykin ("Boykin") as Lead Plaintiff in the Consolidated Action. Boykin satisfies the requirements for Lead Plaintiff pursuant to Section 21 D(a)(3)(B)(iii) of the Private Securities Litigation Reform Act of 1995 (the "PSLRA"). Signed by District Judge Liam O'Grady on 2/21/2021. (see Order for details)(dest, ) Modified on 2/17/2021 per LOG chambers (dest, ).
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Filing 23
ORDER granting #19 Motion to appear Pro Hac Vice by Brenda Szydia. Signed by District Judge Liam O'Grady on 02/10/2021. (jlan)
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Filing 25
ORDER granting #4 Motion to appear Pro Hac Vice by Andrea Farah. Signed by District Judge Liam O'Grady on 02/10/2021. (jlan)
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Filing 24
ORDER granting #6 Motion to appear Pro Hac Vice by Peter Allen Wald. Signed by District Judge Liam O'Grady on 02/10/2021. (jlan)
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Filing 22
ORDER granting #3 Motion to appear Pro Hac Vice by Christian Levis. Signed by District Judge Liam O'Grady on 02/10/2021. (jlan)
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| Filing 21 Reply to Motion re #11 MOTION to Consolidate Cases and Appoint Yun Chau Lee As Lead Plaintiff and Approve Lead Counsel and Liaison Counsel, #13 MOTION to Appoint Counsel Motion for Consolidation and for Appointment of Lead Plaintiff and Lead Counsel, #15 MOTION For Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel REPLY MEMORANDUM OF LAW: (1) IN FURTHER SUPPORT OF MOTION OF JAMES BOYKIN FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL; AND (2) IN OPPOSITION TO COMPETING MOTIONS filed by James Boykin. (Kaplan, Matthew) |
| Filing 20 Memorandum in Opposition re #13 MOTION to Appoint Counsel Motion for Consolidation and for Appointment of Lead Plaintiff and Lead Counsel, #15 MOTION For Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel (Memorandum in Opposition to ECF No. 13 (Motion by James Boykin) and In Further Support of ECF No. 15 (Motion by John Pohly and Richard Pohly)) filed by John Pohly, Richard Pohly. (Webster, Steven) |
| Filing 19 Motion to appear Pro Hac Vice by Brenda Szydia and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number 0422-7609402. by James Boykin. (Kaplan, Matthew) |
| Filing 18 RESPONSE in Opposition re #13 MOTION to Appoint Counsel Motion for Consolidation and for Appointment of Lead Plaintiff and Lead Counsel, #15 MOTION For Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel MEMORANDUM OF LAW: (1) IN FURTHER SUPPORT OF MOTION OF JAMES BOYKIN FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL; AND (2) IN OPPOSITION TO COMPETING MOTIONS filed by James Boykin. (Kaplan, Matthew) |
| Filing 17 NOTICE by Yun Chau Lee re #13 MOTION to Appoint Counsel Motion for Consolidation and for Appointment of Lead Plaintiff and Lead Counsel, #15 MOTION For Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel (Duncan, Gregory) |
| Filing 16 Memorandum in Support re #15 MOTION For Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel filed by John Pohly, Richard Pohly. (Attachments: #1 Affidavit (Declaration of Steven T. Webster), #2 Exhibit A (Notice Announcing Pendency of Action Pursuant to 15 U.S.C. 78u-4(a)(3)(A)(i)), #3 Exhibit B (Movants' Sworn Certifications Pursuant to 15 U.S.C. 78u-4(a)(2)(A)), #4 Exhibit C (Movants' Loss Chart), #5 Exhibit D (Firm Resume of Bernstein Liebhard LLP))(Webster, Steven) |
| Filing 15 MOTION For Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Counsel by John Pohly, Richard Pohly. (Attachments: #1 Proposed Order)(Webster, Steven) |
| Filing 14 Memorandum in Support re #13 MOTION to Appoint Counsel Motion for Consolidation and for Appointment of Lead Plaintiff and Lead Counsel filed by James Boykin. (Attachments: #1 Affidavit Declaration of Matthew B. Kaplan, #2 Exhibit Ex. A -PLSRA Notice, #3 Exhibit Ex. B - Certification and Sched A., #4 Exhibit Ex. C - Damages Analysis, #5 Exhibit Ex. D - Declaration of Mr. Boykin, #6 Exhibit Ex. E - Pomerantz Firm Resume, #7 Exhibit Ex. F - Kaplan Resume, #8 Proposed Order Proposed Order)(Kaplan, Matthew) |
| Filing 13 MOTION to Appoint Counsel Motion for Consolidation and for Appointment of Lead Plaintiff and Lead Counsel by James Boykin. (Kaplan, Matthew) |
| Filing 12 Memorandum in Support re #11 MOTION to Consolidate Cases and Appoint Yun Chau Lee As Lead Plaintiff and Approve Lead Counsel and Liaison Counsel filed by Yun Chau Lee. (Duncan, Gregory) |
| Filing 11 MOTION to Consolidate Cases and Appoint Yun Chau Lee As Lead Plaintiff and Approve Lead Counsel and Liaison Counsel by Yun Chau Lee. (Attachments: #1 Exhibit Declaration of Gregory S. Duncan, #2 Exhibit Declaration of Andrea Farah, #3 Proposed Order)(Duncan, Gregory) |
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Filing 10
SO ORDERED in re #9 Stipulation and Proposed Initial Case Management Plan and Scheduling Order filed by Nathaniel A Davis, Timothy Medina, K12,Inc.. Signed by District Judge Liam O'Grady on 12/3/2020. (ahas)
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| Filing 9 STIPULATION and Proposed Initial Case Management Plan and Scheduling Order by Nathaniel A Davis, K12,Inc., Timothy Medina. (Barry, Stephen) |
| Filing 8 Corporate Disclosure Statement by K12,Inc.. (Barry, Stephen) |
| Filing 7 NOTICE of Appearance by David Lee Johnson on behalf of Nathaniel A Davis, K12,Inc., Timothy Medina (Johnson, David) |
| Filing 6 Motion to appear Pro Hac Vice by Peter Allen Wald and Certification of Local Counsel Stephen P. Barry Filing fee $ 75, receipt number 0422-7521590. by Nathaniel A Davis, K12,Inc., Timothy Medina. (Barry, Stephen) |
| Filing 5 NOTICE of Appearance by Stephen Paul Barry on behalf of Nathaniel A Davis, K12,Inc., Timothy Medina (Barry, Stephen) |
| Filing 4 Motion to appear Pro Hac Vice by Andrea Farah and Certification of Local Counsel Gregory S. Duncan Filing fee $ 75, receipt number 0422-7507508. by Yun Chau Lee. (Duncan, Gregory) |
| Filing 3 Motion to appear Pro Hac Vice by Christian Levis and Certification of Local Counsel Gregory S. Duncan Filing fee $ 75, receipt number 0422-7507487. by Yun Chau Lee. (Duncan, Gregory) |
| Initial Case Assignment to District Judge Liam O'Grady and Magistrate Judge Theresa Carroll Buchanan. (jlan) |
| Filing 2 Proposed Summons by Yun Chau Lee. (Duncan, Gregory) |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-7505143.), filed by Yun Chau Lee. (Attachments: #1 Civil Cover Sheet)(Duncan, Gregory) (Attachment 1 replaced on 11/20/2020) (jlan, ). |
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