In Re Altria Group, Inc. Derivative Litigation
| Eric Gilbert |
| Juul Labs, Inc., James Monsees, Kevin Burns, Kevin C. Crosthwaite, Jr., W. Leo Kiely III, John T. Casteen, Adam Bowen, Nabil Y. Sakkab, Virginia E. Shanks, Debra J. Kelly-Ennis, Mark E. Newman, Kathryn B. McQuade, John T. Casteen III, Dinyar S. Devitre, Howard A. Willard III, Thomas F. Farrell II, William F. Gifford, Jr., George Munoz and Altria Group, Inc. |
| Action on Smoking and Health, Trinity Health, Ruth E. Malone and Edward L. Sweda |
| Theodore H Frank |
| Margaret A. Randolph, Trustee, David Hamilton, Thomas Sandys and Maria Cecilia Lorca |
| Riaz Valani, Ellen R. Strahlman and Nicholas J. Pritzer |
| 3:2020cv00772 |
| October 1, 2020 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity - Stockholders Suits |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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Filing 196
ORDER (Denying Motions to Intervene and Vacate as Moot) - the Court hereby DENIES as moot Mr. Franks Motion to Intervene #183 and Motion to Reconsider and Alter or Amend #184 . Furthermore, the Court ORDERS that the distribution of funds for attorneys fees may now proceed, and hereby lifts the stay from the August 15, 2023 Order #186 on this distribution. It is so ORDERED. Signed by District Judge David J. Novak on 9/13/2023. (jenjones, )
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Filing 195
Withdrawal of Motion by Theodore H Frank re #183 MOTION to Intervene , #184 MOTION to Vacate #179 Memorandum Opinion, #178 Omnibus Hearing, (Attachments: #1 Supplement, #2 Supplement, #3 Exhibit, #4 Exhibit)(Andren, John)
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Filing 194
ORDER granting #193 Motion for Pro hac vice Appointed Charles Matthew Melman for Altria Group, Inc. Signed by District Judge David J. Novak on 9/12/2023. (adun, )
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Filing 193
Motion to appear Pro Hac Vice by Charles M. Melman and Certification of Local Counsel Johnathon Schronce Filing fee $ 75, receipt number AVAEDC-9117691. by Altria Group, Inc.. (Schronce, Johnathon)
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Filing 192
STATUS REPORT (Joint Status Report) by Altria Group, Inc., John T. Casteen III, Dinyar S. Devitre, Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks. (Schronce, Johnathon)
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Filing 191
Memorandum in Opposition re #183 MOTION to Intervene (The Altria Defendants' Memorandum in Opposition to Theodore H. Frank's Motion to Intervene and Motion to Reconsider, Alter, or Amend Final Judgment) filed by Altria Group, Inc., John T. Casteen III, Dinyar S. Devitre, Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schronce, Johnathon)
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Filing 190
Declaration of Kip B. Shuman in Support of Plaintiffs' Opposition to Theodore H. Frank's Motion to Intervene and Motion to Reconsider, Alter, or Amend Final Judgement by Eric Gilbert, Thomas Sandys. (Falabella, Paul)
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Filing 189
Declaration of Joseph A. Pettigrew in Support of Plaintiffs' Opposition to Theodore H. Frank's Motion to Intervene and Theodore H. Frank's Motion to Reconsider, Alter, or Amend Final Judgement by Eric Gilbert, Thomas Sandys. (Falabella, Paul)
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Filing 188
Memorandum in Opposition re #183 MOTION to Intervene , #184 MOTION to Vacate #179 Memorandum Opinion, #178 Omnibus Hearing, filed by Eric Gilbert, Thomas Sandys. (Attachments: #1 Appendix)(Falabella, Paul)
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Filing 187
AFFIDAVIT re #186 Order by Theodore H Frank. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Andren, John)
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Filing 186
ORDER (Directing Supplemental Affidavit) - This matter comes before the Court on Theodore H. Frank's ("Mr. Frank") Motion to Intervene (ECF No. 183) and Motion to Reconsider and Alter or Amend (ECF No. 184), wherein Mr. Frank seeks to intervene in the instant case and moves for an order vacating the Court's Order and Final Judgment (ECF No. 180) and the accompanying Memorandum Opinion (ECF No. 180). The Court advises the parties that it will first address the Motion to Intervene and the timeliness of the Motion to Reconsider before turning to the merits of Mr. Frank's Motion to Reconsider and his Objection to the Amended Settlement. As such, the existing parties need not respond to the merits of his claims absent further direction from the Court. To facilitate a thorough review of Mr. Frank's motions, the Court hereby ORDERS that within fourteen (14) days of entry of this Order, Mr. Frank shall file the following as a supplement to his motion: SEE ORDER FOR FURTHER DETAILS. After the Court receives and reviews all of the above filings, the Court will schedule a hearing. In the interim, the parties shall proceed forward with executing the terms of the settlement, except no funds allocated for attorneys' fees may be distributed from an escrow account until the Court rules on Mr. Frank's motions. SEE ORDER FOR FURTHER DETAILS. Copies distributed as directed. Signed by District Judge David J. Novak on 8/15/2023. (Khan, )
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Filing 185
Memorandum in Support re #183 MOTION to Intervene filed by Theodore H Frank. (Andren, John)
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Filing 184
MOTION to Vacate #179 Memorandum Opinion, #178 Omnibus Hearing, by Theodore H Frank. (Attachments: #1 Objection - Rule 24(c) pleading, #2 Declaration of Theodore H. Frank, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Declaration of John Andren, #12 Exhibit A - letter to counsel, #13 Exhibit B - response, #14 Exhibit C - excerpt of 10Q, #15 Proposed Order)(Andren, John)
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Filing 183
MOTION to Intervene by Theodore H Frank. (Andren, John) (Main Document 183 replaced on 8/8/2023) (adun, ).
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Filing 182
NOTICE of Appearance by John Michael Andren on behalf of Theodore H Frank (Andren, John)
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Filing 181
TRANSCRIPT of proceedings held on February 16, 2023, before Judge David J. Novak, Court Reporter Melissa Custis, Telephone number 804-916-2278. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/27/2023. Redacted Transcript Deadline set for 4/25/2023. Release of Transcript Restriction set for 5/24/2023.(Custis, Melissa)
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Filing 180
ORDER and Final Judgment -SEE ORDER FOR ALL DETAILS. Signed by District Judge David J. Novak on 2/17/2023. (cgar)
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Filing 179
MEMORANDUM OPINION. Signed by District Judge David J. Novak on 2/17/2023. (cgar)
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Filing 178
Minute Entry for proceedings held before District Judge David J. Novak:Final Settlement Approval Hearing held on 2/16/2023. Matter came on for final settlement approval; terms of settlement placed on record; factual findings made by the Court; Plaintiff's counsel (KBS)addressed Court. Settlement approved - ORDER TO ENTER. (Court Reporter Melissa Custis, OCR.)(cgar)
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Filing 177
ORDER (Providing Remote Access to Hearing). The public is hereby NOTIFIED that the hearing scheduled for February 16, 2023, at 11:00 a.m., will be made available to the public remotely using the following conference call information: Call-in: 877-848-7030 Access Code: 4115404. The Court will not require the personal appearance of any party or its counsel that does not expect to have a speaking role during the hearing. Any person that wishes to be heard must appear in person at the hearing. Individuals who listen remotely must conduct themselves as if they are attending the argument in the Courtroom, ensuring that their telephones are in listening mode only such that the Court cannot hear them. Further, all individuals are reminded of Local Rule 83.3, which provides that individuals "may not record or cause to be recorded any such proceeding without the express consent of the presiding judge." Loc. R. Civ. P. 83.3(c). No individual listening remotely or in the courtroom shall employ any recording device, including the use of an additional court reporter. The only record of this proceeding shall be with the Official Court Reporter. Any individual violating this Order or Local Rule 83.3 is subject to being held in contempt of court. It is so ORDERED. Signed by District Judge David J. Novak on 2/14/2023. (sbea)
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Filing 175
STATUS REPORT of the Independent Monitor by Michael S. Dry. (Dry, Michael)
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Filing 174
NOTICE of Resolution of Sustained Objection by Action on Smoking and Health, Ruth E. Malone, Edward L. Sweda, Trinity Health (Hatfield, Christopher). Modified on 2/14/2023. (sbea)
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Filing 173
Notice of Amendment to Stipulation of Settlement by Eric Gilbert, Thomas Sandys. (Attachments: #1 Exhibit Amendment, #2 Exhibit Redline, #3 Exhibit Proposed Order)(Falabella, Paul). Modified on 2/13/2023. (sbea)
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Filing 172
STATUS REPORT Joint Status Report Gilbert, Sandys, Altria Group, Inc. by Altria Group, Inc., Thomas Sandys. (Fuhr, Edward)
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Filing 171
TRANSCRIPT of proceedings held on January 20, 2023, before Judge David J. Novak, Court Reporter Melissa Custis, Telephone number 804-916-2278. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/27/2023. Redacted Transcript Deadline set for 3/29/2023. Release of Transcript Restriction set for 4/27/2023.(Custis, Melissa)
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Filing 170
ORDER Sustaining Objection to Settlement Agreement and Scheduling Further Proceedings (SEE ORDER FOR ALL DETAILS). Court SUSTAINS one of the Shareholder Objectors' objections. Second final approval hearing set for 2/16/2023 at 11:00 AM in Richmond Courtroom 6300 before District Judge David J. Novak. Signed by District Judge David J. Novak on 1/23/23. (cgar)
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Filing 169
Minute Entry for proceedings held before District Judge David J. Novak:Final Settlement Hearing held on 1/20/2023. Matter came on for final settlement approval. Court addressed motion filed by Objectors. Arguments heard. Objection SUBSTAINED. Additional filing and proposed order to be submitted. Final approval hearing continued to February 16, 2023 at 11:00 a.m. (Court Reporter Melissa Custis, OCR.)(cgar, )
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Set Deadlines/Hearings Final Settlement Approval Hearing set for 2/16/2023 at 11:00 AM in Richmond Courtroom 6300 before District Judge David J. Novak. (cgar)
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Filing 168
ORDER (Providing Remote Access to Hearing). The public is hereby NOTIFIED that the hearing scheduled for January 20, 2023, at 11:00 a.m., will be made available to the public remotely using the following conference call information: Call-in: 877-848-7030 Access Code: 4115404. The Court will not require the personal appearance of any party or its counsel that does not expect to have a speaking role during the hearing. Any person that wishes to be heard must appear in person at the hearing. Individuals who listen remotely must conduct themselves as if they are attending the argument in the Courtroom, ensuring that their telephones are in listening mode only such that the Court cannot hear them. Further, all individuals are reminded of Local Rule 83.3, which provides that individuals "may not record or cause to be recorded any such proceeding without the express consent of the presiding judge". The undersigned has not consented to the recording of the hearing on January 20, 2023. Accordingly, no individual listening remotely or in the courtroom shall employ any recording device, including the use of an additional court reporter. The only record of this proceeding shall be with the Official Court Reporter. Any individual violating this Order or Local Rule 83.3 is subject to being held in contempt of court. It is so ORDERED. Signed by District Judge David J. Novak on 1/17/2023. (sbea)
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Filing 167
Response to #152 NOTICE, #165 Memorandum in Opposition, #164 Response Reply to Responses to Notice of Objection filed by Action on Smoking and Health, Ruth E. Malone, Edward L. Sweda, Trinity Health. (Hatfield, Christopher)
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Filing 166
Declaration of Jacob Miller regarding Provision of Notice by Altria Group Inc.,Surgner, Begley, Feldman, Casteen, Devitre, Farrell, Strahlman, Kelly-Ennis, Kiely, McQuade, Munoz, Newman, Sakkab, Shanks by Altria Group, Inc.. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C)(Fuhr, Edward)
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Filing 165
Memorandum in Opposition re #152 Opposition to Objection to Final Approval of Proposed Settlement filed by Altria Group, Inc. (Fuhr, Edward) Modified docket text on 1/12/2023 (adun, ).
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Filing 164
Response to #152 NOTICE, Federal Plaintiffs' Response to Objection to Settlement filed by Eric Gilbert, Thomas Sandys. (Falabella, Paul)
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Filing 162
ORDER (Granting Motion to Seal). The Court finds that the Shareholder Objectors have met the applicable standard to seal the documents at issue, and so hereby GRANTS Motion to Seal (ECF No. #154 ). The Clerk is DIRECTED to file the unredacted version of the Shareholder Objector's Notice of Objection (ECF No. #156 ) UNDER SEAL, until further order of this Court. See Order for details. It is so ORDERED. Signed by District Judge David J. Novak on 1/11/2023. (sbea)
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Filing 161
ORDER Amending Deadlines (SEE ORDER FOR ALL DETAILS). Signed by District Judge David J. Novak on 1/4/2023. (cgar)
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Filing 160
Joint MOTION Amend Deadlines by Altria Group, Inc., John T. Casteen III, Dinyar S. Devitre, Thomas F. Farrell II, Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Nabil Y. Sakkab, Virginia E. Shanks, Ellen R. Strahlman. (Attachments: #1 Proposed Order)(Schronce, Johnathon)
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Filing 159
Submitting Additional Exhibit: Action on Smoking and Health's Praecipe re: #152 Objection to Proposed Settlement. (Attachments: #1 Exhibit 5 (Redacted))(Hatfield, Christopher). Modified on 1/4/2023. (sbea)
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Filing 158
ORDER re #152 NOTICE, filed by Ruth E. Malone, Edward L. Sweda, Trinity Health, Action on Smoking and Health. Court hereby ORDERS counsel for both Plaintiffs and Defendants to meet and confer with counsel for the Shareholder Objectors on or before January 6, 2023, with the aim of resolving the Shareholder Objectors' objections. Furthermore, the Court hereby ORDERS that Plaintiffs and Defendants shall file any response to the objections on or before January 9, 2023. The Shareholder Objectors shall file their reply, if any, on or before January 12,2023. Signed by District Judge David J. Novak on 1/3/2023. (cgar)
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Filing 157
ORDER granting #151 Motion for Pro hac vice Appointed David Lawrence Axelrod for Action on Smoking and Health, Ruth E. Malone, Edward L. Sweda, and Trinity Health. Signed by District Judge David J. Novak on 1/2/2023. (adun, )
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Filing 156
Unredacted Objection to Proposed Settlement re: #152 OBJECTION to Proposed Settlement by Action on Smoking and Health, Ruth E. Malone, Edward L. Sweda, Trinity Health (Hatfield, Christopher). Modified on 1/4/2023. (sbea)
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Filing 155
Memorandum in Support re #154 MOTION to Seal Portions of Notice of Objection to Proposed Settlement filed by Action on Smoking and Health, Ruth E. Malone, Edward L. Sweda, Trinity Health. (Hatfield, Christopher)
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Filing 154
MOTION to Seal Portions of Notice of Objection to Proposed Settlement by Action on Smoking and Health, Ruth E. Malone, Edward L. Sweda, Trinity Health. (Attachments: #1 Proposed Order)(Hatfield, Christopher)
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Filing 153
Notice of Under Seal Filing LCvR5 (B) by Action on Smoking and Health, Ruth E. Malone, Edward L. Sweda, Trinity Health re #152 NOTICE, of Objection to Proposed Settlement (Hatfield, Christopher)
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Filing 152
OBJECTION to Proposed Settlement (Redacted) by Action on Smoking and Health, Ruth E. Malone, Edward L. Sweda, Trinity Health re #143 Order. Attachments: #1 Exhibit 1, #2 Exhibit 2 (Redacted), #3 Exhibit 3 (Redacted), #4 Exhibit 4 (Redacted))(Hatfield, Christopher). Modified on 1/4/2023. (sbea)
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Filing 151
Motion to appear Pro Hac Vice by David L. Axelrod and Certification of Local Counsel Christopher A. Hatfield Filing fee $ 75, receipt number AVAEDC-8732384. by Action on Smoking and Health, Trinity Health, Ruth E. Malone, Edward L. Sweda. (Hatfield, Christopher)
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Filing 150
NOTICE by Eric Gilbert, Thomas Sandys Notice of Submission of the Preliminary Assessment and Status Report on Initiation of Court Appointment Monitorship (Attachments: #1 Exhibit Ex 1)(Falabella, Paul)
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Filing 149
Declaration re #147 MOTION for Attorney Fees Federal Plaintiffs' Unopposed Motion for Attorneys' Fees and Expenses, and Service Awards to Plaintiffs, #145 MOTION for Settlement Federal Plaintiffs' Unopposed Motion for Final Approval of Settlement by Eric Gilbert, Thomas Sandys. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3, #4 Exhibit Ex 4, #5 Exhibit Ex 5, #6 Exhibit Ex 6, #7 Exhibit Ex 7, #8 Exhibit Ex 8, #9 Exhibit Ex 9, #10 Exhibit Ex 10, #11 Exhibit Ex 11)(Falabella, Paul)
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Filing 148
Memorandum in Support re #147 MOTION for Attorney Fees Federal Plaintiffs' Unopposed Motion for Attorneys' Fees and Expenses, and Service Awards to Plaintiffs filed by Thomas Sandys. (Falabella, Paul)
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Filing 147
MOTION for Attorney Fees Federal Plaintiffs' Unopposed Motion for Attorneys' Fees and Expenses, and Service Awards to Plaintiffs by Eric Gilbert, Thomas Sandys. (Falabella, Paul)
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Filing 146
Memorandum in Support re #145 MOTION for Settlement Federal Plaintiffs' Unopposed Motion for Final Approval of Settlement filed by Eric Gilbert, Thomas Sandys. (Falabella, Paul)
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Filing 145
MOTION for Settlement Federal Plaintiffs' Unopposed Motion for Final Approval of Settlement by Eric Gilbert, Thomas Sandys. (Attachments: #1 Proposed Order Proposed Order and Final Judgment)(Falabella, Paul)
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Filing 144
TRANSCRIPT of proceedings held on October 25, 2022, before Judge David J. Novak, Court Reporter Melissa Custis, Telephone number 804-916-2278. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/1/2022. Redacted Transcript Deadline set for 1/2/2023. Release of Transcript Restriction set for 1/30/2023.(Custis, Melissa)
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Filing 143
ORDER granting #139 Preliminary Approval of Settlement and Scheduling Final Approval Hearing. Final Settlement Approval hearing set for January 20, 2023 at 11:00 a.m. Signed by District Judge David J. Novak on 10/26/2022. (cgar)
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Final Settlement Approval Hearing set for 1/20/2023 at 11:00 AM in Richmond Courtroom 6300 before District Judge David J. Novak. (cgar)
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Filing 142
Minute Entry for proceedings held before District Judge David J. Novak:Preliminary Settlement Approval Hearing held on 10/25/2022. Matter came on for preliminary approval of settlement. Pltf counsel heard. Fact findings made by Court. Preliminary settlement approved - ORDER TO ENTER. (Court Reporter Melissa Custis, OCR.)(cgar)
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Filing 141
ORDER Scheduling Preliminary Approval Hearing as to #139 Amended MOTION for Settlement Plaintiffs' Unopposed Amended Motion for Preliminary Approval of Settlement. Motion Hearing set for 10/25/2022 at 10:30 AM in Richmond Courtroom 6300 before District Judge David J. Novak. Signed by District Judge David J. Novak on 10/21/2022. (cgar)
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Filing 140
Memorandum in Support re: #139 Unopposed Amended Motion for Preliminary Approval of Settlement filed by Eric Gilbert, Thomas Sandys. (Attachments: #1 Exhibit Amended Stipulation and Agreement of Settlement)(Falabella, Paul). Modified on 10/20/2022. (sbea)
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Filing 139
UNOPPOSED AMENDED MOTION for Preliminary Approval of Settlement by Eric Gilbert, Thomas Sandys (Falabella, Paul). Modified on 10/20/2022. (sbea)
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Filing 138
ORDER (Providing Remote Access to Hearing). The public is hereby NOTIFIED that the hearing scheduled for October 25, 2022, at 10:30 a.m., will be made available to the public remotely using the following conference call information: Call-in: 877-848-7030 Access Code: 4115404. The Court will not require the personal appearance of any party or its counsel that does not expect to have a speaking role during the hearing. Any person that wishes to be heard must appear in person at the hearing. Individuals who listen remotely must conduct themselves as if they are attending the argument in the Courtroom, ensuring that their telephones are in listening mode only such that the Court cannot hear them. The undersigned has not consented to the recording of the hearing on October 25, 2022. Accordingly, no individual listening remotely or in the courtroom shall employ any recording device, including the use of an additional court reporter. The only record of this proceeding shall be with the Official Court Reporter. Any individual violating this Order or Local Rule 83.3 is subject to being held in contempt of court. It is so ORDERED. Signed by District Judge David J. Novak on 10/18/2022. (sbea)
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Filing 137
ORDER (Granting Motion to Withdraw). For good cause shown, the Court hereby GRANTS Defendant's #123 Motion and hereby DIRECTS the Clerk to terminate Mr. Gruetzmacher as counsel of record in this matter. It is so ORDERED. Signed by District Judge David J. Novak on 10/14/2022. (sbea)
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Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Follow-up Settlement Conference held on 10/13/2022. (jsau, )
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Filing 136
ORDER Regarding Follow-Up Settlement Conference. The Court has scheduled this case for a follow-up settlement conference on October 13, 2022 at 10:30 A.M. At that time, the parties and their counsel shall join the Zoom circulated by the chambers of Magistrate Judge Mark R. Colombell. It is so ORDERED. Signed by Magistrate Judge Mark R. Colombell on 10/12/2022. (sbea)
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Set Hearing: Follow-up Settlement Conference set for 10/13/2022 at 10:30 AM via ZOOM before Magistrate Judge Mark R. Colombell. (jsau, )
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Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Settlement Conference held on 9/28/2022. (jsau, )
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Filing 132
ORDER Regarding Procedures for Follow-Up Settlement Conference. The Court has scheduled this case for a follow-up settlement conference on September 28,2022 at 9:30 A.M. At that time, counsel shall report to the chambers of Magistrate Judge Mark R. Colombell. The Court hereby ORDERS the parties to submit a joint settlement position statement on or before September 26, 2022 summarizing case developments in discovery and reporting on any further settlement discussions between the parties. In addition to counsel, each party must have a representative available with the full authority to settle this action. For purposes of this Order, a defense representative has full authority if the representative has the authority to settle the case up to the value of the last demand by the Plaintiff(s). See Order for details. It is so ORDERED. Signed by Magistrate Judge Mark R. Colombell on 9/21/2022. (sbea)
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Set Hearing: Follow-up Settlement Conference set for 9/28/2022 at 09:30 AM in Richmond Judges Chamber before Magistrate Judge Mark R. Colombell. (jsau, )
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Minute Entry for proceedings held before Magistrate Judge Mark R. Colombell: Status Conference held on 9/21/2022. (jsau, )
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Filing 131
TRANSCRIPT of proceedings held on August 25, 2022, before Judge David J. Novak, Court Reporter Melissa Custis, Telephone number 804-916-2278. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/27/2022. Redacted Transcript Deadline set for 10/28/2022. Release of Transcript Restriction set for 11/28/2022.(Custis, Melissa)
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Filing 130
ORDER. The Court DENIES Plaintiffs' #124 Motion for Preliminary Approval and ORDERS that on or before October 20, 2022, the parties will file a joint pleading indicating whether the parties have reached an agreement within the Court's parameters, as stated from the bench. If the parties have not reached an agreement within the Court's parameters, the parties will propose a schedule for discovery, motions to dismiss, and motions for summary judgment in a manner consistent with the Court's scheduled trial date. The Court SCHEDULES the final pre-trial conference for Thursday, August 10, 2023, at 10:00 a.m., jury selection for Friday, September 1, 2023, at 9:30 a.m., and opening statements and evidence for Tuesday, September 5, 2023, at 9:30 a.m. A hearing for either preliminary approval of the settlement or to set a trial schedule is SCHEDULED for October 25, 2022, at 10:30 a.m. See Order for additional details. Signed by District Judge David J. Novak on 8/25/2022. (jsmi, )
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Filing 129
Minute Entry for proceedings held before District Judge David J. Novak:Motion Hearing held on 8/25/2022 re #124 MOTION for Settlement Plaintiffs' Motion for Preliminary Approval of Settlement filed by Eric Gilbert, Thomas Sandys. Preliminary settlement approval deemed inadequate. Deadlines and parameters set - ORDER TO ENTER (Court Reporter Melissa Custis, OCR.)(cgar)
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Final Pretrial Conference set for 8/10/2023 at 10:00 AM; Jury Selection set for 9/1/2023 at 09:30 AM; Jury Trial set for 9/5-15/2023 at 09:30 AM all held in Richmond Courtroom 6300 before District Judge David J. Novak. Status Hearing set for 10/25/2022 at 10:30 AM held in Richmond Courtroom 6300 before District Judge David J. Novak. (cgar)
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Filing 128
NOTICE by Eric Gilbert, Thomas Sandys Plaintiffs' Notice of Submission of Amended [Proposed] Notice of Pendency and Proposed Settlement of Derivative Actions to Current Altria Shareholders (Attachments: #1 Exhibit 1)(Falabella, Paul)
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Filing 127
ORDER Providing Remote Access to Hearing scheduled for August 25, 2022 at 11:00 a.m. Signed by District Judge David J. Novak on 8/22/2022. (cgar)
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Filing 126
ORDER (Scheduling Preliminary Approval Hearing). This matter comes before the Court on Plaintiffs' Motion for Preliminary Approval of Settlement (ECF No. #124 ), moving for preliminary approval of the settlement of these consolidated actions pursuant to Federal Rule of Civil Procedure 23.1. By agreement of the parties, a preliminary approval hearing is hereby SCHEDULED for August 25, 2022, at 11:00 a.m. It is so ORDERED. Signed by District Judge David J. Novak on 8/17/2022. (sbea)
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Set Hearing as to #124 Plaintiffs' Motion for Preliminary Approval of Settlement. Motion for Preliminary Approval of Settlement Hearing set for 8/25/2022 at 11:00 AM in Richmond Courtroom 6300 before District Judge David J. Novak. (cgar)
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Filing 125
Memorandum in Support re #124 MOTION for Settlement Plaintiffs' Motion for Preliminary Approval of Settlement filed by Eric Gilbert, Thomas Sandys. (Attachments: #1 Exhibit Stipulation and Agreement of Settlement)(Falabella, Paul)
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Filing 124
MOTION for Settlement Plaintiffs' Motion for Preliminary Approval of Settlement by Eric Gilbert, Thomas Sandys. (Falabella, Paul)
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Filing 123
MOTION to Withdraw as Attorney Mark Gruetzmacher by Juul Labs, Inc.. (Mammen, Nathan)
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Filing 122
NOTICE of Appearance by Nathan Scott Mammen on behalf of Juul Labs, Inc. (Mammen, Nathan)
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Filing 121
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE. The Court has scheduled this case for a settlement conference on June 6, 2022 at 9:30 A.M., to be held by videoconference. In addition to counsel, each party must have a representative present on the videoconference with the full authority to settle this action. If an individual is a named party, that individual must be personally present on the videoconference. If a business entity (or entities) is/are involved, each entity must have a representative with full authority to settle the case on behalf of that entity present on the videoconference. See Order for details and deadlines. It is so ORDERED. Signed by Magistrate Judge Mark R. Colombell on 4/25/2022. (sbea)
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Set Hearing: Settlement Conference set for 6/6/2022 at 09:30 AM via ZOOM before Magistrate Judge Mark R. Colombell. (jsau, )
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Filing 120
ORDER granting #119 Motion for Jacob Miller to appear as Pro Hac Vice for Altria Group, Inc.,John T. Casteen III, Kevin C. Crosthwaite, Jr., Dinyar S. Devitre, Thomas F. Farrell, II, William F. Gifford, Jr., Debra J. Kelly-Ennis, W. Leo Kiely, III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks, Ellen R. Strahlman, and Howard A. Willard, III. Signed by District Judge David J. Novak on 4/5/2022. (sbea)
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Filing 119
Motion to appear Pro Hac Vice by Jacob Miller and Certification of Local Counsel Johnathon Schronce Filing fee $ 75, receipt number AVAEDC-8328862. by Altria Group, Inc., John T. Casteen III, Dinyar S. Devitre, Thomas F. Farrell II, Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks. (Schronce, Johnathon)
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Filing 118
REFERRAL ORDER- This case is hereby REFERRED to United States Magistrate Judge Mark R. Colombell for settlement. The parties shall be responsible for contacting the chambers of the Magistrate Judge to schedule the settlement conference. If amenable to the Magistrate Judge and otherwise consistent with their calendar, the Court orders the parties to schedule the settlement conference before June 30, 2022, unless they have resolved this action before that time. Signed by District Judge David J. Novak on 4/4/22. (adun, )
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Case Referred to Magistrate Judge Mark R. Colombell for settlement. (adun, )
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Filing 117
STATUS REPORT Joint Status Report on Mediation by Altria Group, Inc., Adam Bowen, Kevin Burns, John T. Casteen III, Kevin C. Crosthwaite, Jr., Dinyar S. Devitre, Thomas F. Farrell II, William F. Gifford, Jr., David Hamilton, Juul Labs, Inc., Debra J. Kelly-Ennis, W. Leo Kiely III, Maria Cecilia Lorca, Kathryn B. McQuade, James Monsees, George Munoz, Mark E. Newman, Nicholas J. Pritzer, Margaret A. Randolph, Trustee, Nabil Y. Sakkab, Thomas Sandys, Virginia E. Shanks, Ellen R. Strahlman, Riaz Valani, Howard A. Willard III. (Fuhr, Edward)
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Filing 116
ORDER (Granting Motion to Withdraw). For good cause shown, the Court hereby GRANTS Defendant's #115 Motion to Withdraw as Counsel of Record and hereby DIRECTS the Clerk to terminate Mr. Redway as counsel of record in this matter. It is so ORDERED. Signed by District Judge David J. Novak on 9/13/2021. (sbea,)
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Filing 115
MOTION to Withdraw as Attorney Ryan S. Redway by Juul Labs, Inc.. (Gruetzmacher, Mark)
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Filing 114
ORDER granting #113 Motion for Pro hac vice Appointed Jing-Li Yu for Thomas Sandys. Signed by District Judge David J. Novak on 08/12/2021. (tjoh, )
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Filing 113
Motion to appear Pro Hac Vice by Jing-Li Yu and Certification of Local Counsel Paul Falabella Filing fee $ 75, receipt number AVAEDC-7939355. by Thomas Sandys. (Falabella, Paul)
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Filing 112
STIPULATED ELECTRONIC DISCOVERY ORDER. See Order for details. It is so ORDERED. Signed by District Judge David J. Novak on 7/19/2021. (Attachments: #1 Exhibit A, #2 Exhibit B). (sbea,)
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Filing 111
STIPULATED PROTECTIVE ORDER. See Order for details. It is so ORDERED. Signed by District Judge David J. Novak on 7/19/2021. (Attachment: #1 Exhibit A). (sbea,)
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Filing 110
AMENDED COMPLAINT Verified Consolidated Shareholder Derivative Complaint against All Defendants, filed by Eric Gilbert, Maria Cecilia Lorca, David Hamilton, Thomas Sandys. (Attachments: #1 Exhibit A1-A8 Lorca, #2 Exhibit B1-B4 Gilbert, #3 Exhibit C1-C3 Sandys, #4 Exhibit D1-D2 Hamilton)(Falabella, Paul)
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Filing 109
STIPULATION Stipulated Electronic Discovery Order by Altria Group, Inc., Adam Bowen, Kevin Burns, John T. Casteen III, Kevin C. Crosthwaite, Jr., Dinyar S. Devitre, Thomas F. Farrell II, William F. Gifford, Jr., David Hamilton, Juul Labs, Inc., Debra J. Kelly-Ennis, W. Leo Kiely III, Maria Cecilia Lorca, Kathryn B. McQuade, James Monsees, George Munoz, Mark E. Newman, Nicholas J. Pritzer, Margaret A. Randolph, Trustee, Nabil Y. Sakkab, Thomas Sandys, Virginia E. Shanks, Ellen R. Strahlman, Riaz Valani, Howard A. Willard III. (Fuhr, Edward)
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Filing 108
STIPULATION and Proposed Protective Order by Altria Group, Inc., Adam Bowen, Kevin Burns, John T. Casteen III, Kevin C. Crosthwaite, Jr., Dinyar S. Devitre, Thomas F. Farrell II, William F. Gifford, Jr., David Hamilton, Juul Labs, Inc., Debra J. Kelly-Ennis, W. Leo Kiely III, Maria Cecilia Lorca, Kathryn B. McQuade, James Monsees, George Munoz, Mark E. Newman, Nicholas J. Pritzer, Margaret A. Randolph, Trustee, Nabil Y. Sakkab, Thomas Sandys, Virginia E. Shanks, Ellen R. Strahlman, Riaz Valani, Howard A. Willard III. (Fuhr, Edward)
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Filing 107
ORDER (Granting Motion to Withdraw as Counsel). For good cause shown, the Court hereby GRANTS Defendant's #106 Motion to Withdraw as Counsel, and hereby DIRECTS the Clerk to terminate Mr. Weeks as counsel of record in this matter. It is so ORDERED. Signed by District Judge David J. Novak on 7/14/2021. (sbea,)
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Filing 106
MOTION to Withdraw as Attorney Paul J. Weeks by Juul Labs, Inc.. (Gruetzmacher, Mark)
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Filing 105
NOTICE of Appearance by Mark DeVane Gruetzmacher on behalf of Juul Labs, Inc. (Gruetzmacher, Mark)
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Filing 104
SCHEDULING ORDER. The Court hereby ORDERS that the following schedule shall apply: 1) Plaintiffs shall file a Consolidated Complaint on or before July 16, 2021, which shall serve as the operative complaint in the consolidated action; 2) The parties shall submit a jointly agreed upon protective order, ESI order and 502 clawback order for entry to the Court on or before July 16, 2021; 3) Defendants shall produce to Plaintiffs the discovery provided in the Securities Action on or before July 23, 2021. Defendants shall continue to produce additional discovery provided in the Securities Action on a rolling basis thereafter, including final deposition transcripts of Defendants' fact witnesses as they occur and are produced in the Securities Action; 4) The parties will participate in a private mediation before the Hon. Layn R. Phillips (Ret.) on or about September 14, 2021; 5) The parties shall file a joint status report with the Court within ten (10) days following the conclusion of the private mediation indicating whether the parties have resolved this action; 6) Defendants shall have no obligation to answer, move or otherwise respond to the Consolidated Complaint, or to provide any discovery beyond what is produced in the Securities Action, until after the Court has ruled on the motions for summary judgment in the Securities Action, which will ripen by March 11, 2022; and, 7) Within thirty (30) days after the Court rules on the Securities Action summary judgment motions, the parties will meet and confer and provide a status report to the Court with an updated schedule regarding beginning discove1y and other procedures in the Related Action. It is so ORDERED. Signed by District Judge David J. Novak on 6/28/2021. (sbea,)
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Filing 103
STATUS REPORT and Proposed Schedule by Eric Gilbert, Thomas Sandys. (Falabella, Paul)
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Filing 102
ORDER granting #98 Motion for Adam Stewart to appear as Pro Hac Vice for David Hamilton. Signed by District Judge David J. Novak on 5/24/2021. (sbea,)
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Filing 101
ORDER granting #97 Motion for Ian McLoughlin to appear as Pro Hac Vice for David Hamilton. Signed by District Judge David J. Novak on 5/24/2021. (sbea,)
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Filing 100
ORDER granting #96 Motion for Patrick Vallely to appear as Pro Hac Vice for David Hamilton. Signed by District Judge David J. Novak on 5/24/2021. (sbea,)
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Filing 99
ORDER granting #95 Motion for Edward Haber to appear as Pro Hac Vice for David Hamilton. Signed by District Judge David J. Novak on 5/24/2021. (sbea,)
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Filing 98
Motion to appear Pro Hac Vice by Adam Stewart and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number AVAEDC-7794929. by David Hamilton. (Falabella, Paul)
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Filing 97
Motion to appear Pro Hac Vice by Ian McLoughlin and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number AVAEDC-7794888. by David Hamilton. (Falabella, Paul)
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Filing 96
Motion to appear Pro Hac Vice by Patrick Vallely and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number AVAEDC-7794859. by David Hamilton. (Falabella, Paul)
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Filing 95
Motion to appear Pro Hac Vice by Edward Haber and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number AVAEDC-7794797. by David Hamilton. (Falabella, Paul)
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Filing 94
MEMORANDUM ORDER (Appointing Lead Plaintiffs and Lead Counsel). The Court hereby GRANTS Gilbert and Sandys' Motion to Appoint Co-Lead Plaintiffs and Approve Co-Lead Plaintiffs' Selection of Co-Lead and Liaison Counsel (ECF No. #60 ) and hereby DENIES Randolph's Motion for Appointment of Lead Plaintiff, Lead Counsel, and Liaison Counsel (ECF No. #62 ). The Court hereby APPOINTS Eric Gilbert and Thomas Sandys as Co-Lead Plaintiffs and hereby APPOINTS Shuman, Glenn & Stecker and Scott+Scott Attorneys at Law LLP as Co-Lead Counsel and Butler Curwood PLC as Liaison Counsel. See Order for complete details. It is so ORDERED. Signed by District Judge David J. Novak on 5/13/2021. (sbea,)
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Filing 93
REPLY to Response to Motion re #62 MOTION For Appointment of Lead Plaintiff, Lead Counsel, and Liaison Counsel (Corrected to Include Exhibits) filed by Margaret A. Randolph, Trustee. (Attachments: #1 Affidavit (Declaration of Steven T. Webster), #2 Exhibit 1 to Declaration of Steven T. Webster, #3 Exhibit 2 to Declaration of Steven T. Webster)(Webster, Steven)
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Filing 92
REPLY to Response to Motion re #62 MOTION For Appointment of Lead Plaintiff, Lead Counsel, and Liaison Counsel filed by Margaret A. Randolph, Trustee. (Webster, Steven)
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Filing 91
ORDER (Granting Leave to File Reply). Randolph's #89 Motion for Leave to FileReply is hereby GRANTED. Not later than May 11, 2021, Randolph may file a reply brief that shall not exceed ten (10) pages. Randolph's reply shall be limited to addressing the conflict of interest arguments raised in the oppositions to her Motion for Appointment. It is so ORDERED. Signed by District Judge David J. Novak on 5/7/2021. (sbea,)
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Filing 90
Memorandum in Support re #89 MOTION for Leave to File Reply Brief filed by Margaret A. Randolph, Trustee. (Webster, Steven)
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Filing 89
MOTION for Leave to File Reply Brief by Margaret A. Randolph, Trustee. (Attachments: #1 Proposed Order)(Webster, Steven)
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Filing 88
Opposition to #62 MOTION For Appointment of Lead Plaintiff, Lead Counsel, and Liaison Counsel filed by Altria Group, Inc.. (Fuhr, Edward)
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Notice of Correction re: #86 Opposition; the filing user's login does not match the signature on the document. The filing user must refile the document with the filing user's signature block, or the attorney whose signature appears on the document must refile the document. (sbea,)
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Filing 87
Memorandum in Opposition re #60 MOTION To Appoint Co-Lead Plaintiffs and Approve Co-Lead Plaintiffs' Selection of Co-Lead and Liason Counsel filed by Margaret A. Randolph, Trustee. (Attachments: #1 Affidavit (Declaration of Margaret A. Randolph), #2 Affidavit (Declaration of Steven T. Webster), #3 Exhibit 1 to Declaration of Steven T. Webster, #4 Exhibit 2 to Declaration of Steven T. Webster, #5 Exhibit 3 to Declaration of Steven T. Webster, #6 Exhibit 4 to Declaration of Steven T. Webster)(Webster, Steven)
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Filing 86
DISREGARD - See ECF No. #88 Opposition to #62 MOTION For Appointment of Lead Plaintiff, Lead Counsel, and Liaison Counsel filed by Altria Group, Inc. (Schronce, Johnathon). Modified docket text on 5/6/2021. (sbea,)
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Filing 85
Memorandum in Opposition re: #62 MOTION For Appointment of Lead Plaintiff, Lead Counsel, and Liaison Counsel filed by Eric Gilbert, Thomas Sandys. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Falabella, Paul). Modified Exhibit label names on 5/6/2021. (sbea,)
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Filing 84
ORDER granting #37 Motion for Karl David Belgum to appear as Pro Hac Vice for Nicholas J. Pritzer and Riaz Valani. Signed by District Judge David J. Novak on 5/3/2021. (sbea,)
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Filing 83
ORDER granting #68 Motion for Joseph Fred Rice to appear as Pro Hac Vice for Juul Labs, Inc. Signed by District Judge David J. Novak on 5/3/2021. (sbea,)
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Filing 82
ORDER granting #77 Motion for Vincent A. Licata to appear as Pro Hac Vice for Margaret A. Randolph. Signed by District Judge David J. Novak on 5/3/2021. (sbea,)
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Filing 81
ORDER granting #70 Motion for Jared Mitchell Gerber to appear as Pro Hac Vice for Juul Labs, Inc. Signed by District Judge David J. Novak on 5/3/2021. (sbea,)
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Filing 80
ORDER granting #71 Motion for Roger Allen Cooper to appear as Pro Hac Vice for Juul Labs, Inc. Signed by District Judge David J. Novak on 5/3/2021. (sbea,)
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Filing 79
ORDER granting #72 Motion for Ryan Redway to appear as Pro Hac Vice for Juul Labs, Inc. Signed by District Judge David J. Novak on 5/3/2021. (sbea,)
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Filing 78
ORDER granting #76 Motion for Seth D. Rigrodsky to appear as Pro Hac Vice for Margaret A. Randolph. Signed by District Judge David J. Novak on 5/3/2021. (sbea,)
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Filing 77
Motion to appear Pro Hac Vice by Vincent A. Licata and Certification of Local Counsel Steven T. Webster Filing fee $ 75, receipt number AVAEDC-7762872. by Margaret A. Randolph, Trustee. (Webster, Steven)
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Filing 76
Motion to appear Pro Hac Vice by Seth D. Rigrodsky and Certification of Local Counsel Steven T. Webster Filing fee $ 75, receipt number AVAEDC-7762863. by Margaret A. Randolph, Trustee. (Webster, Steven)
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Filing 75
ORDER (Granting Motion to Withdraw). This matter comes before the Court on Defendant JUUL Labs, Inc.'s Motions to Withdraw Counsel of Record (ECF No. #73 and #74 ), moving to withdraw Austin Klar and Johsua Zev Rabinovitz as counsel of record for Defendant. For good cause shown, the Court hereby GRANTS Defendants' Motions (ECF Nos. #73 and #74 ) and hereby DIRECTS the Clerk to terminate the above-named attorneys as counsel of record in this matter. It is so ORDERED. Signed by District Judge David J. Novak on 4/28/2021. (sbea,)
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Filing 74
MOTION to Withdraw as Attorney Joshua Z. Rabinovitz by Juul Labs, Inc.. (Weeks, Paul)
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Filing 73
MOTION to Withdraw as Attorney Austin Klar by Juul Labs, Inc.. (Weeks, Paul)
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Filing 72
Motion to appear Pro Hac Vice by Ryan Redway and Certification of Local Counsel Paul J. Weeks Filing fee $ 75, receipt number AVAEDC-7757741. by Juul Labs, Inc.. (Weeks, Paul)
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Filing 71
Motion to appear Pro Hac Vice by Roger A. Cooper and Certification of Local Counsel Paul J. Weeks Filing fee $ 75, receipt number AVAEDC-7757722. by Juul Labs, Inc.. (Attachments: #1 Exhibit Schedule A)(Weeks, Paul)
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Filing 70
Motion to appear Pro Hac Vice by Jared M. Gerber and Certification of Local Counsel Paul J. Weeks Filing fee $ 75, receipt number AVAEDC-7757688. by Juul Labs, Inc.. (Attachments: #1 Exhibit Schedule A)(Weeks, Paul)
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Filing 69
NOTICE of Appearance by Paul Jarrett Weeks on behalf of Juul Labs, Inc. (Weeks, Paul)
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Filing 68
Motion to appear Pro Hac Vice by Joseph F. Rice and Certification of Local Counsel Steven T. Webster Filing fee $ 75, receipt number AVAEDC-7755845. by Margaret A. Randolph, Trustee. (Webster, Steven)
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Filing 67
ORDER granting #66 Motion for Joshua Cole Littlejohn to appear as Pro Hac Vice for Margaret A. Randolph. Signed by District Judge David J. Novak on 4/27/2021. (sbea,)
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Filing 66
Motion to appear Pro Hac Vice by Joshua C. Littlejohn and Certification of Local Counsel Steven T. Webster Filing fee $ 75, receipt number AVAEDC-7752321. by Margaret A. Randolph, Trustee. (Webster, Steven)
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Filing 65
ERRATA ORDER (Correcting Transcript). This matter comes before the Court on review of the transcript of the on-the-record status call that the Court held with the parties on April 21, 2021, (ECF No. #64 . On page 13, line 6, the word "granted" should be corrected to read "denied". It is so ORDERED. Signed by District Judge David J. Novak on 4/23/2021. (sbea,)
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Filing 64
TRANSCRIPT of proceedings held on April 21, 2021, before Judge David J. Novak, Court Reporter/Transcriber Tracy Stroh, Telephone number 804-916-2278. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 5/24/2021. Redacted Transcript Deadline set for 6/23/2021. Release of Transcript Restriction set for 7/22/2021.(stroh, tracy)
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Filing 63
Memorandum in Support re #62 MOTION For Appointment of Lead Plaintiff, Lead Counsel, and Liaison Counsel filed by Margaret A. Randolph, Trustee. (Attachments: #1 Affidavit (Declaration of Steven T. Webster), #2 Exhibit 1 (Chart of Individual Defendants Named in the Related Actions), #3 Exhibit 2 (Chart of Causes of Action Alleged in the Related Actions), #4 Exhibit 3 (Motley Rice LLC Shareholder and Securities Fraud Resume), #5 Exhibit 4 (Rigrodsky Law P.A. Firm Resume), #6 Exhibit 5 (Webster Book LLP Firm Resume))(Webster, Steven)
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Filing 62
MOTION For Appointment of Lead Plaintiff, Lead Counsel, and Liaison Counsel by Margaret A. Randolph, Trustee. (Webster, Steven)
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Filing 61
Memorandum in Support re: #60 MOTION To Appoint Co-Lead Plaintiffs and Approve Co-Lead Plaintiffs' Selection of Co-Lead and Liaison Counsel filed by Eric Gilbert, Thomas Sandys. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Falabella, Paul). Modified docket text to amend Exhibit label names on 4/22/2021. (sbea,)
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Filing 60
MOTION To Appoint Co-Lead Plaintiffs and Approve Co-Lead Plaintiffs' Selection of Co-Lead and Liason Counsel by Eric Gilbert, Thomas Sandys. (Falabella, Paul)
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Filing 59
ORDER granting #45 Motion for Timothy John MacFall to appear as Pro Hac Vice for Margaret A. Randolph. Signed by District Judge David J. Novak on 4/21/2021. (sbea,)
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Filing 58
ORDER granting #41 Motion for William Stephen Norton to appear as Pro Hac Vice for Margaret A. Randolph. Signed by District Judge David J. Novak on 4/21/2021.(sbea,)
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Filing 57
ORDER granting #53 Motion for Shane Palmesano Sanders to appear as Pro Hac Vice for Maria Cecilia Lorca. Signed by District Judge David J. Novak on 4/21/2021. (sbea,)
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Filing 56
ORDER granting #52 Motion for Craig Wallace Smith to appear as Pro Hac Vice for Maria Cecilia Lorca. Signed by District Judge David J. Novak on 4/21/2021.(sbea,)
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Filing 55
ORDER granting #40 Motion for David Dyer Burnett to appear as Pro Hac Vice for Margaret A. Randolph. Signed by District Judge David J. Novak on 4/21/2021. (sbea,)
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Filing 54
ORDER (Ordering Private Mediation). The parties are hereby ORDERED to conduct a private mediation of these consolidated derivative actions no later than September 30, 2021. No later than ten (10) days following the conclusion of the parties' mediation of these consolidated derivative actions, the parties shall file a joint status report with the Court indicating whether they have resolved these actions. Further, the parties are hereby ORDERED to submit a proposed schedule following the appointment of Lead Plaintiff and Lead Counsel. As discussed during the call, this schedule shall begin the discovery in these actions following the resolution of the summary judgment motions inthe Securities Action, which will ripen on March 11, 2022. This proposed schedule shall be submitted to the Court with the joint status report that the Court previously ordered the parties to submit following the appointment of Lead Plaintiff and Lead Counsel. See Order for complete details. It is so ORDERED. Signed by District Judge David J. Novak on 4/21/2021. (sbea,)
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Filing 53
Motion to appear Pro Hac Vice by Shane Palmesano Sanders and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number AVAEDC-7742091. by Maria Cecilia Lorca. (Falabella, Paul)
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Filing 52
Motion to appear Pro Hac Vice by Craig Wallace Smith and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number AVAEDC-7742060. by Maria Cecilia Lorca. (Falabella, Paul)
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Filing 51
ORDER granting #35 Motion for Gregg Steven Levin to appear as Pro Hac Vice for Margaret A. Randolph, Trustee. Signed by District Judge David J. Novak on 4/20/2021. (sbea,)
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Filing 50
ORDER granting #32 Motion for Joseph Allan Pettigrew to appear as Pro Hac Vice for Thomas Sandys. Signed by District Judge David J. Novak on 4/20/2021. (sbea,)
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Filing 49
ORDER granting #31 Motion for Geoffrey Michael Johnson to appear as Pro Hac Vice for Thomas Sandys. Signed by District Judge David J. Novak on 4/20/2021. (sbea,)
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Filing 48
ORDER granting #27 Motion for Brett David Stecker to appear as Pro Hac Vice for Eric Gilbert. Signed by District Judge David J. Novak on 4/20/2021. (sbea,)
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Filing 47
ORDER granting #28 Motion for Kip Brian Shuman to appear as Pro Hac Vice for Eric Gilbert. Signed by District Judge David J. Novak on 4/20/2021. (sbea,)
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Filing 46
NOTICE of Appearance by Paul Mark Falabella on behalf of Maria Cecilia Lorca (Falabella, Paul)
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Filing 45
Motion to appear Pro Hac Vice by Timothy J. MacFall and Certification of Local Counsel Steven T. Webster Filing fee $ 75, receipt number AVAEDC-7741611. by Margaret A. Randolph, Trustee. (Webster, Steven)
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Filing 44
NOTICE of Appearance by Craig Juraj Curwood on behalf of Maria Cecilia Lorca (Curwood, Craig)
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Filing 43
NOTICE of Appearance by James Christian Word on behalf of Kevin C. Crosthwaite, Jr. (Word, James)
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Filing 42
ORDER granting #29 Motion for Rusty Evan Glenn to appear as Pro Hac Vice for Eric Gilbert. Signed by District Judge David J. Novak on 4/20/2021. (sbea,)
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Filing 41
Motion to appear Pro Hac Vice by William S. Norton and Certification of Local Counsel Steven T. Webster Filing fee $ 75, receipt number AVAEDC-7740093. by Margaret A. Randolph, Trustee. (Webster, Steven)
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Filing 40
Motion to appear Pro Hac Vice by David D. Burnett and Certification of Local Counsel Steven T. Webster Filing fee $ 75, receipt number AVAEDC-7740058. by Margaret A. Randolph, Trustee. (Webster, Steven)
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Notice of Correction re: #37 Motion to appear Pro Hac Vice by Karl David Belgum and Certification of Local Counsel Scott M. Dinner Filing fee $75, receipt number 0422-7730875. Clerk notified filing attorney of proper filing procedures for submitting a Pro Hac Vice motion. No further action is required at this time. (sbea,)
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Filing 39
NOTICE of Appearance by Aaron Samuel Book on behalf of Margaret A. Randolph, Trustee (Book, Aaron)
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Filing 38
NOTICE of Appearance by Vernon Webster Johnson, III on behalf of Nicholas J. Pritzer, Riaz Valani (Johnson, Vernon)
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Filing 37
Motion to appear Pro Hac Vice by Karl David Belgum and Certification of Local Counsel Scott M. Dinner Filing fee $ 75, receipt number 0422-7730875. by Nicholas J. Pritzer, Riaz Valani. (Attachments: #1 Exhibit Exhibit A - Personal Statement 3:21-cv-00047, #2 Exhibit Exhibit B - Personal Statement 3:21-cv-00198, #3 Exhibit Exhibit C - Personal Statement 3:21-cv-00199, #4 Proposed Order)(Dinner, Scott) (Additional attachment(s) added on 4/20/2021: #5 Pro Hac Vice App. as to 3:20cv772) (sbea, ). (Attachment 5 replaced on 5/3/2021) (sbea, ).
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Filing 36
NOTICE of Appearance by Scott Michael Dinner on behalf of Nicholas J. Pritzer, Riaz Valani (Dinner, Scott)
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Filing 35
Motion to appear Pro Hac Vice by Gregg S. Levin and Certification of Local Counsel Steven T. Webster Filing fee $ 75, receipt number 0422-7730153. by Margaret A. Randolph, Trustee. (Webster, Steven)
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Filing 34
NOTICE of Appearance by Craig Juraj Curwood on behalf of Thomas Sandys (Curwood, Craig)
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Filing 33
NOTICE of Appearance by Craig Juraj Curwood on behalf of Eric Gilbert (Curwood, Craig)
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Filing 32
Motion to appear Pro Hac Vice by Joseph Allan Pettigrew and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number 0422-7728031. by Thomas Sandys. (Falabella, Paul)
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Filing 31
Motion to appear Pro Hac Vice by Geoffrey Michael Johnson and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number 0422-7728026. by Thomas Sandys. (Falabella, Paul)
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Filing 30
NOTICE of Appearance by Paul Mark Falabella on behalf of Thomas Sandys (Falabella, Paul)
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Filing 29
Motion to appear Pro Hac Vice by Rusty Evan Glenn and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number 0422-7727909. by Eric Gilbert. (Falabella, Paul)
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Filing 28
Motion to appear Pro Hac Vice by Kip Brian Shuman and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number 0422-7727894. by Eric Gilbert. (Falabella, Paul)
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Filing 27
Motion to appear Pro Hac Vice by Brett David Stecker and Certification of Local Counsel Paul M. Falabella Filing fee $ 75, receipt number 0422-7727865. by Eric Gilbert. (Falabella, Paul)
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Filing 26
NOTICE of Appearance by Paul Mark Falabella on behalf of Eric Gilbert (Falabella, Paul)
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Filing 25
ORDER (Granting Motion to Consolidate Related Actions). The Joint #20 Motion to Consolidate Related Shareholder Derivative Actions and Set Briefing Schedule for the Appointment of Lead Plaintiff and Lead Counsel is hereby GRANTED. See Order for complete details and deadlines. It is so ORDERED. Signed by District Judge David J. Novak on 4/14/2021. (sbea,)
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Filing 24
NOTICE of Appearance by Brian Charles Riopelle on behalf of Adam Bowen (Riopelle, Brian)
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Filing 23
NOTICE of Appearance by Brian Emory Pumphrey on behalf of Adam Bowen (Pumphrey, Brian)
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Filing 22
NOTICE of Appearance by Garrett Hansbrough Hooe on behalf of Adam Bowen (Hooe, Garrett)
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Filing 21
JOINT STATUS REPORT by Altria Group, Inc., Adam Bowen, Kevin Burns, John T. Casteen, John T. Casteen III, Kevin C. Crosthwaite, Jr., Dinyar S. Devitre, Thomas F. Farrell II, William F. Gifford, Jr., Juul Labs, Inc., Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, James Monsees, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks, Howard A. Willard III. (Schronce, Johnathon). Modified docket text on 4/14/2021. (sbea,)
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Filing 20
Joint MOTION to Consolidate Cases by Altria Group, Inc., Adam Bowen, Kevin Burns, John T. Casteen, John T. Casteen III, Kevin C. Crosthwaite, Jr., Dinyar S. Devitre, Thomas F. Farrell II, William F. Gifford, Jr., Juul Labs, Inc., Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, James Monsees, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks, Howard A. Willard III. (Attachments: #1 Proposed Order Order)(Schronce, Johnathon)
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Filing 19
ORDER granting #16 Motion for Melanie Craig MacKay to appear as Pro Hac Vice for Howard A. Willard, III and William F. Gifford, Jr. Signed by District Judge David J. Novak on 4/5/2021. (sbea,)
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Filing 18
ORDER granting #15 Motion for Jeffrey Alan Brown to appear as Pro Hac Vice for Howard A. Willard, III and William F. Gifford, Jr. Signed by District Judge David J. Novak on 4/5/2021. (sbea,)
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Filing 17
ORDER granting #14 Motion for Andrew Joshua Levander to appear as Pro Hac Vice Howard A. Willard, III and William F. Gifford, Jr. Signed by District Judge David J. Novak on 4/5/2021. (sbea,)
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Filing 16
Motion to appear Pro Hac Vice by Melanie Craig MacKay and Certification of Local Counsel Rani Habash Filing fee $ 75, receipt number 0422-7705277. by William F. Gifford, Jr., Howard A. Willard III. (Habash, Rani)
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Filing 15
Motion to appear Pro Hac Vice by Jeffrey Alan Brown and Certification of Local Counsel Rani Habash Filing fee $ 75, receipt number 0422-7705261. by William F. Gifford, Jr., Howard A. Willard III. (Habash, Rani)
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Filing 14
Motion to appear Pro Hac Vice by Andrew Joshua Levander and Certification of Local Counsel Rani Habash Filing fee $ 75, receipt number 0422-7705220. by William F. Gifford, Jr., Howard A. Willard III. (Habash, Rani)
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Filing 13
NOTICE of Appearance by Rani Afif Habash on behalf of William F. Gifford, Jr., Howard A. Willard III (Habash, Rani)
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Filing 12
ORDER (Granting Motion to Withdraw). For good cause shown, the Court hereby GRANTS Defendants' #11 Motion to Withdraw Appearance, and hereby DIRECTS the Clerk to terminate the above-named attorney as counsel of record in this matter. It is so ORDERED. Signed by District Judge David J. Novak on 4/2/2021. (sbea,)
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Filing 11
MOTION to Withdraw Appearance of Benjamin Klein by Altria Group, Inc., John T. Casteen III, Kevin C. Crosthwaite, Jr., Dinyar S. Devitre, Thomas F. Farrell II, William F. Gifford, Jr., Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks, Howard A. Willard III. (Fuhr, Edward)
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Filing 10
ORDER that the parties are in agreement and the Court finds good cause, the Court hereby GRANTS the Motion (ECF No. #4 ). This case is hereby STAYED pending final resolution of the defendants' motion to dismiss in Klein. Within thirty (30) days of final resolution of the motion to dismiss in Klein, the parties shall submit a proposed schedule to the Court regarding the filing of any amended complaint, any responses thereto and the status of the Board's inquiry into the allegations contained in Plaintiff's demand. Nothing in this Order shall prejudice Defendants' ability to seek a further stay of this action or Plaintiff's ability to object to such a stay. It is so ORDERED.. Signed by District Judge David J. Novak on 10/29/2020. (sbea,)
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Filing 9
ORDER granting #7 Motion for Stephen Richard DiPrima to appear as Pro Hac Vice for ORDER granting #6 Motion for Benjamin David Klein to appear as Pro Hac Vice for Altria Group, Inc., John T. Casteen, John T. Casteen III, Dinyar S. Devitre, Thomas F. Farrell II, Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, and Virginia E. Shanks. Signed by District Judge David J. Novak on 10/28/2020. (sbea,)
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Filing 8
ORDER granting #6 Motion for Benjamin David Klein to appear as Pro Hac Vice for Altria Group, Inc., John T. Casteen, John T. Casteen III, Dinyar S. Devitre, Thomas F. Farrell II, Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, and Virginia E. Shanks. Signed by District Judge David J. Novak on 10/28/2020. (sbea,)
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Filing 7
Motion to appear Pro Hac Vice by Stephen Richard DiPrima and Certification of Local Counsel Johnathon Schronce Filing fee $ 75, receipt number 0422-7467599. by Altria Group, Inc., John T. Casteen, John T. Casteen III, Dinyar S. Devitre, Thomas F. Farrell II, Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks. (Schronce, Johnathon)
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Filing 6
Motion to appear Pro Hac Vice by Benjamin David Klein and Certification of Local Counsel Johnathon Schronce Filing fee $ 75, receipt number 0422-7467596. by Altria Group, Inc., John T. Casteen, John T. Casteen III, Dinyar S. Devitre, Thomas F. Farrell II, Debra J. Kelly-Ennis, W. Leo Kiely III, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks. (Schronce, Johnathon)
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Filing 5
Corporate Disclosure Statement by Altria Group, Inc.. (Fuhr, Edward)
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Filing 4
JOINT MOTION to Stay by Altria Group, Inc., John T. Casteen, John T. Casteen III, Dinyar S. Devitre, Thomas F. Farrell II, Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks. (Attachment: #1 Proposed Order)(Fuhr, Edward). Modified docket text on 10/28/2020. (sbea,)
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Filing 3
NOTICE of Appearance by Edward Joseph Fuhr on behalf of Altria Group, Inc., John T. Casteen, John T. Casteen III, Dinyar S. Devitre, Thomas F. Farrell II, Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks (Fuhr, Edward)
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Filing 2
NOTICE of Appearance by Johnathon Earl Schronce on behalf of Altria Group, Inc., John T. Casteen, Dinyar S. Devitre, Thomas F. Farrell II, Debra J. Kelly-Ennis, W. Leo Kiely III, Kathryn B. McQuade, George Munoz, Mark E. Newman, Nabil Y. Sakkab, Virginia E. Shanks (Schronce, Johnathon)
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Filing 1
Complaint ( Filing fee $ 400, receipt number 0422-7425918.), filed by Eric Gilbert. (Attachments: #1 Exhibits to Complaint, #2 Verification, #3 Civil Cover Sheet (Kaplan, Matthew) (Main Document 1 replaced on 10/1/2020) (asho, ).
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Initial Case Assignment to District Judge David J. Novak. (asho, )
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