California Ironworkers Field Pension Trust v. Generac Holdings Inc et al
| California Ironworkers Field Pension Trust |
| Generac Holdings Inc, Aaron Jagdfeld and York A Ragen |
| Andrew Kujawiak, Cheryl Kujawiak, City Pension Fund for Firefighters and Police Officers in the City of Tampa, Office of the Treasurer as Trustee for the Connecticut Retirement Plans and Trust Funds, Industriens Pensionsforsikring A/S, and Storebrand Asset Management AS |
| 2:2023cv00081 |
| January 20, 2023 |
| US District Court for the Eastern District of Wisconsin |
| Brett H Ludwig |
| Securities/Commodities |
| Plaintiff |
Docket Report
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Filing 33
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 3/14/2023 re: [8 & 11] Motions to Consolidate Cases. IT IS HEREBY ORDERED that the motions are GRANTED. Pursuant to Fed. R. Civ. P. 42(a), the pending securities class actions in Oakland County Voluntary Employees Beneficiary Association, et al. v. Generac Holdings, Inc., et al. Case No. 22-cv-1436-bhl and California Ironworkers Field Pension Trust v. Generac Holdings, Inc., et al. Case No. 23-cv-0081-bhl are consolidated because the actions involve common questions of law and fact. The Court will hear oral argument on the pending motions to appoint lead plaintiff and counsel on April 10, 2023 at 1:30 p.m. in Courtroom 320, 517 E. Wisconsin Ave., Milwaukee WI 53202 before Judge Brett H. Ludwig. (cc: all counsel)(jad)
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| Filing 32 DECLARATION of David R. Kaplan SUPPLEMENTAL DECLARATION OF DAVID R. KAPLAN IN SUPPORT OF THE INSTITUTIONAL INVESTOR GROUPS REPLY TO THE COMPETING MOTION FOR LEAD PLAINTIFF APPOINTMENT (Attachments: #1 Exhibit A - Kujawiaks Dura Loss, #2 Exhibit B - Tattooed Chef, #3 Exhibit C - List of Groups, #4 Exhibit D - Chemours Assignments, #5 Exhibit E - Longtop Assignment, #6 Exhibit F - Storebrand Prospectuses, #7 Exhibit G - Setterwalls Legal opinion, #8 Exhibit H - General Electric Transcript, #9 Exhibit I - Align LP Order, #10 Exhibit J - Symantec LP Order)(Kaplan, David) |
| Filing 31 REPLY BRIEF in Support filed by Industriens Pensionsforsikring A/S,, Office of the Treasurer as Trustee for the Connecticut Retirement Plans and Trust Funds, Storebrand Asset Management AS re #11 MOTION to Consolidate Cases MOTION to Appoint LEAD PLAINTIFF MOTION to Appoint Counsel . (Kaplan, David) |
| Filing 30 DECLARATION of John D. Blythin in support of motion to consolidate cases and appoint lead plaintiff and lead counsel (Attachments: #1 Exhibit A: Estimates of Tampa and the Store Brand Groups losses under the Dura Method, prepared by counsel, #2 Exhibit B: Excerpts of October 19, 2022 William Blair Analyst Report, #3 Exhibit C: Excerpts of October 19, 2022 J.P. Morgan Chase & Co. Analyst Report, #4 Exhibit D: Excerpts of October 20, 2022 Credit Suisse Analyst Report, #5 Exhibit E: Excerpts of October 20, 2022 BofA Global Research Analyst Report, #6 Exhibit F: Excerpts of October 20, 2022 Guggenheim Securities, LLC Analyst Report)(Blythin, John) |
| Filing 29 REPLY BRIEF in Support filed by City Pension Fund for Firefighters and Police Officers in the City of Tampa re #8 MOTION to Consolidate Cases MOTION FOR CONSOLIDATION OF RELATED ACTIONS MOTION to Appoint Counsel APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL . (Blythin, John) |
| Filing 28 REPLY BRIEF in Support filed by Andrew Kujawiak, Cheryl Kujawiak re #8 MOTION to Consolidate Cases MOTION FOR CONSOLIDATION OF RELATED ACTIONS MOTION to Appoint Counsel APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL . (Wagner, K) |
| Filing 27 Supplemental DECLARATION of David R. Kaplan IN SUPPORT OF THE INSTITUTIONAL INVESTOR GROUPS MOTION FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL (Attachments: #1 Exhibit A - Dura-adjusted LIFO Losses, #2 Exhibit B - Dura-adjusted LIFO losses removing Nov, 2, 2021, #3 Exhibit C - Excerpts from Investor Day)(Kaplan, David) |
| Filing 26 BRIEF in Opposition filed by Industriens Pensionsforsikring A/S,, Office of the Treasurer as Trustee for the Connecticut Retirement Plans and Trust Funds, Storebrand Asset Management AS re #8 MOTION to Consolidate Cases MOTION FOR CONSOLIDATION OF RELATED ACTIONS MOTION to Appoint Counsel APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL . (Kaplan, David) |
| Filing 25 DECLARATION of John D. Blythin IN SUPPORT OF TAMPAS MEMORANDUM OF LAW IN OPPOSITION TO COMPETING LEAD PLAINTIFF MOTION (Attachments: #1 Exhibit 1: Storebrand SICAV Semi-Annual Report and Unaudited Financial Statements for the period ended June 30, 2021, #2 Exhibit 2: Storebrand SICAV Annual Report and Audited Financial Statements for the year ended December 31, 2021, #3 Exhibit 3: Certification submitted In re The Chemours Co. Sec. Litig., No. 1:19-cv- 01911-CFC (D. Del. Dec. 9, 2019))(Blythin, John) |
| Filing 24 BRIEF in Opposition filed by City Pension Fund for Firefighters and Police Officers in the City of Tampa re #11 MOTION to Consolidate Cases MOTION to Appoint LEAD PLAINTIFF MOTION to Appoint Counsel . (Blythin, John) |
| Filing 23 NOTICE by Andrew Kujawiak, Cheryl Kujawiak of withdrawal of the motion of the kujawiak family to appoint lead plaintiff and approve the selection of counsel (Wagner, K) |
| Filing 22 NOTICE of Appearance by Scott H Saham on behalf of California Ironworkers Field Pension Trust. Attorney(s) appearing: Scott H. Saham (Saham, Scott) |
| Filing 21 NOTICE of Appearance by Nicole Quaid Gilliland on behalf of California Ironworkers Field Pension Trust. Attorney(s) appearing: Nicole Q. Gilliland (Gilliland, Nicole) |
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Filing 20
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 2/13/2023 re: #17 Stipulated Motion for Extension of Time to Answer. The stipulation is APPROVED. Defendants need not answer or otherwise respond to the complaint until a lead plaintiff is appointed and an operative complaint is filed or designated. Accordingly, IT IS HEREBY ORDERED that 60 days after the Court enters an order appointing the lead plaintiff, the lead plaintiff shall file and serve a consolidated complaint or designate a complaint as the operative complaint. 60 days after the lead plaintiff serves or designates an operative complaint, Defendants shall answer, move to dismiss, or otherwise respond to the operative complaint. 60 days after Defendants respond to the operative complaint, the lead plaintiff shall file any opposition to Defendants' response to the operative complaint. 30 days after the lead plaintiff files any such opposition, Defendants shall file any reply in support of their response to the operative complaint. (cc: all counsel)(jad)
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| Filing 19 Magistrate Judge Jurisdiction Form filed by Generac Holdings Inc, Aaron Jagdfeld, York A Ragen. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Gill, Michael) |
| Filing 18 DISCLOSURE Statement by Generac Holdings Inc, Aaron Jagdfeld, York A Ragen. (Gill, Michael) |
| Filing 17 Stipulated MOTION for Extension of Time to File Answer to Complaint by Generac Holdings Inc, Aaron Jagdfeld, York A Ragen. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion Extending Time to Respond to Complaint)(Gill, Michael) |
| Filing 16 REVISED #10 DECLARATION of John D. Blythin in support of motion to consolidate cases and appoint lead plaintiff and lead counsel (revised) (Attachments: #1 Exhibit A: Notice of pendency of first-filed class action published in Business Wire, a widely circulated national business-oriented publication or wire service, on December 1, 2022, #2 Exhibit B: Notice of filing of California Ironworkers case published on Business Wire on January 20, 2023, #3 Exhibit C: certification, #4 Exhibit D: estimate of losses, #5 Exhibit E: Robbins Geller Rudman & Dowd firm resume, #6 Exhibit F: Ademi LLP firm resume)(Blythin, John) Modified on 1/31/2023 (vkb) |
| Filing 15 REVISED #9 BRIEF in Support filed by City Pension Fund for Firefighters and Police Officers in the City of Tampa re #8 MOTION to Consolidate Cases MOTION FOR CONSOLIDATION OF RELATED ACTIONS MOTION to Appoint Counsel APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL (revised). (Blythin, John) Modified on 1/31/2023 (vkb) |
| Filing 14 DISCLOSURE Statement by Industriens Pensionsforsikring A/S,, Office of the Treasurer as Trustee for the Connecticut Retirement Plans and Trust Funds, Storebrand Asset Management AS. (Kaplan, David) |
| Filing 13 DECLARATION of David R. Kaplan (Attachments: #1 Exhibit A - Certifications, #2 Exhibit B - Loss Charts, #3 Exhibit C - Joint Declaration, #4 Exhibit D - 1st Notice, #5 Exhibit E - SW Resume, #6 Exhibit F - KTMC Resume, #7 Exhibit G - Cross Firm Resume)(Kaplan, David) |
| Filing 12 BRIEF in Support filed by Industriens Pensionsforsikring A/S,, Office of the Treasurer as Trustee for the Connecticut Retirement Plans and Trust Funds, Storebrand Asset Management AS re #11 MOTION to Consolidate Cases MOTION to Appoint LEAD PLAINTIFF MOTION to Appoint Counsel . (Kaplan, David) |
| Filing 11 MOTION to Consolidate Cases , MOTION to Appoint LEAD PLAINTIFF , MOTION to Appoint Counsel by Office of the Treasurer as Trustee for the Connecticut Retirement Plans and Trust Funds, Industriens Pensionsforsikring A/S,, Storebrand Asset Management AS. (Attachments: #1 Text of Proposed Order)(Kaplan, David) |
| Filing 10 SEE ECF #16 DECLARATION of John D. Blythin in support of motion to consolidate cases and appoint lead plaintiff and lead counsel (Attachments: #1 Exhibit A: Notice of pendency of first-filed class action published in Business Wire, a widely circulated national business-oriented publication or wire service, on December 1, 2022, #2 Exhibit B: Notice of filing of California Ironworkers case published on Business Wire on January 20, 2023, #3 Exhibit C: certification, #4 Exhibit D: estimate of losses)(Blythin, John) Modified on 2/1/2023 (kah). |
| Filing 9 SEE ECF #15 BRIEF in Support filed by City Pension Fund for Firefighters and Police Officers in the City of Tampa re #8 MOTION to Consolidate Cases MOTION FOR CONSOLIDATION OF RELATED ACTIONS MOTION to Appoint Counsel APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL . (Blythin, John) Modified on 2/1/2023 (kah). |
| Filing 8 MOTION to Consolidate Cases MOTION FOR CONSOLIDATION OF RELATED ACTIONS, MOTION to Appoint Counsel APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL by City Pension Fund for Firefighters and Police Officers in the City of Tampa. (Attachments: #1 Text of Proposed Order GRANTING MOTION FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF LEAD COUNSEL)(Blythin, John) |
| Filing 7 PROPOSED [PROPOSED] ORDER CONSOLIDATING THE ACTIONS, APPOINTING LEAD PLAINTIFF AND APPROVING SELECTION OF COUNSEL filed by Andrew Kujawiak, Cheryl Kujawiak. (Wagner, K) |
| Filing 6 DECLARATION of GREGORY M. EGLESTON IN SUPPORT OF THE KUJWAIAK FAMILYS MOTION FOR CONSOLIDATION, THE APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF COUNSEL (Attachments: #1 Ex. A- Press release published December 1, 2022 on Business Wire, announcing the pendency of the securities class action against Defendants herein, #2 Ex. B- Andrew and Cheryl Kujawiaks signed certifications, #3 Ex. C- Analysis of Andrew and Cheryl Kujawiaks financial interest as a result of their transactions in Generac Holdings Inc. securities, #4 Ex. D- Firm rsum of Gainey McKenna & Egleston, #5 Ex. E- Firm rsum of Attolles Law S.C.)(Wagner, K) |
| Filing 5 BRIEF in Support filed by Andrew Kujawiak, Cheryl Kujawiak re #4 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD AND LIAISON COUNSEL . (Wagner, K) |
| Filing 4 WITHDRAWN Pursuant to #23 MOTION to Consolidate Cases APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD AND LIAISON COUNSEL by Andrew Kujawiak, Cheryl Kujawiak. (Wagner, K) Modified on 2/21/2023 (vkb) |
| Filing 3 SUMMONS Returned Executed - Generac Holdings Inc served on 1/24/2023; filed by California Ironworkers Field Pension Trust.(Blythin, John) |
| Summons Issued as to All Defendants (vkb) |
| Filing 2 DISCLOSURE Statement by California Ironworkers Field Pension Trust. (Blythin, John) |
| Filing 1 COMPLAINT with Jury Demand; against Generac Holdings Inc, Aaron Jagdfeld, York A Ragen by California Ironworkers Field Pension Trust. ( Filing Fee PAID $402 receipt number AWIEDC-4305762) (Attachments: #1 Certification of California Ironworkers Field Pension Trust, #2 Civil Cover Sheet, #3 Summons on Generac Holdings Inc, #4 Summons on Aaron Jagdfeld, #5 Summons on York A. Ragen)(Blythin, John) |
| NOTICE Regarding assignment of this matter to Judge Brett H Ludwig; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) |
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