Nykerk v. Jagdfeld et al
| Jeffrey Nykerk |
| Aaron Jagdfeld, York A. Ragen, Marcia J. Avedon, Robert D. Dixon, William Jenkins, Andrew Lampereur, Bennett J. Morgan, Nam T. Nguyen, David A. Ramon, Kathryn Roedel, Dominick P. Zarcone, Generac Holdings, Inc., York A Ragen, Marcia J Avedon, Robert D Dixon, Bennett J Morgan, Nam T Nguyen, David A Ramon, Dominick P Zarcone and Generac Holdings Inc |
| 2:2024cv00208 |
| February 14, 2024 |
| U.S. District Court for the Eastern District of Wisconsin |
| Pamela Pepper |
| Stockholders Suits |
| Plaintiff |
Docket Report
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| Filing 10 NOTICE of CHANGE OF Hearing: Status Conference re-set for 5/17/2024 at 1:00 PM by telephone before Chief Judge Pamela Pepper. The parties are to appear by calling the court's conference line at 551-285-1373 and entering Meeting ID 161 4901 8989 and Passcode 190021 when prompted. Note: this status conference was originally set for 5/13/2024 and is being rescheduled due to a conflict on the court's calendar. (cc: all counsel) (cb) |
| Filing 9 DISCLOSURE Statement by Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone. (Vanzura, Glenn) |
Filing 8
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 03/08/2024 re #7 Stipulation, filed by Dominick P Zarcone, Generac Holdings Inc, William Jenkins, Aaron Jagdfeld, Nam T Nguyen, David A Ramon, Bennett J Morgan, Andrew Lampereur, Marcia J Avedon, York A Ragen, Kathryn Roedel, Robert D Dixon: Yesterday, the court issued an order declining to indefinitely stay the proceedings in this case until it resolves an as-yet-unfiled motion to dismiss in a related case. It took about a hot minute for the parties to file a second stipulation, this one asking the court to extend the deadline for the defendants to answer or otherwise respond in this case. The parties state that at the status conference the court has calendared for May 13, 2024, they will explain why "parties often agree and courts often stay shareholder derivative actions pending the resolution of pleading challenges in shareholder class actions that concern related facts and allegations--in particular, to conserve both party and judicial resources and to potentially avoid pleading motions in the shareholder derivative actions that are often rendered moot by developments int he parallel shareholder actions." While the court appreciates the parties' generous (although obvious) explanation, the court did not decline to approve the first stipulation because it is ignorant of the potential benefits of a stay in terms of conservation of judicial and litigant resources. The court declined to approve the stipulation because the parties sought an indefinite stay for resolution of a motion that has not yet been filed, and because paragraph 9 of the stipulation provided that "[a]ny party may terminate the stay within fifteen (15) days' written email notice to the other Parties," despite the fact that it is the court that imposes the stay and thus the court that must terminate the stay (upon motion or notice from a party or parties). The court will approve this second stipulation to the extent that it extends the deadline for the defendants to answer or otherwise respond to the complaint until a date to be determined at the March May 13, 2024 status conference. The court APPROVES the stipulation, and ORDERS that the defendants are not required to answer or otherwise respond to the complaint until a date to be determined at the March May 13, 2024 status conference. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela) Modified on 3/8/2024 (cb).
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| Filing 7 STIPULATION / Joint Stipulation for Extension of Time to Respond to Complaint by Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone. (Vanzura, Glenn) |
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Filing 6
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 3/7/2024 re #5 Joint Stipulation to Stay this Action. The parties jointly stipulate to stay Case No. 24-cv-208-pp (E.D. Wis.) pending the court's resolution of "any forthcoming motion to dismiss" in Case No. 24-cv-240-pp (E.D. Wis.). As the parties' use of the word "forthcoming" indicates, there is no pending motion to dismiss in that case; the plaintiff's amended complaint is not due until April 22, 2024, and briefing on any motion to dismiss will not be completed until October 4, 2024. Case No. 24-cv-240, Dkt. No. 19. The court will not indefinitely stay Case No. 24-cv-208 based on the possibility that a motion to dismiss may be filed in Case No. 24-cv-240. The court DECLINES TO APPROVE the parties' stipulation. The court ORDERS that the parties in both Case No. 24-cv-208 and Case No. 24-cv-240 must appear for a telephonic status conference on May 13, 2024 at 10:00 AM (Central Time). The parties are to call the court's conference line at 551-285-1373 and enter Meeting ID 161 4901 8989 and Passcode 190021 when prompted. Note: there is no document linked to this text only order. (cc: all counsel)(cb)
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| Filing 5 STIPULATION / Joint Stipulation to Stay This Action by Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone. (Vanzura, Glenn) |
| Filing 4 Magistrate Judge Jurisdiction Form filed by Jeffrey Nykerk. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Brown, Timothy) |
| Filing 3 SUMMONS Returned Executed by Jeffrey Nykerk. Generac Holdings Inc served on 2/15/2024. (Brown, Timothy) |
| Filing 2 DISCLOSURE Statement by Jeffrey Nykerk. (Brown, Timothy) |
| Summons Issued as to Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone. (amb) |
| Case Opening Modification(s); The following modification(s) have been made to your case entry: The county code has been modified - please remember to choose the county for the first named plaintiff. Punctuation removed from party names - please remember to follow the Party Name Guidelines found on our website; Please refer to the # attorney case opening instructions, the # summons instructions and the # party name guidelines found in the user manual for further guidance (amb) |
| Filing 1 COMPLAINT with Jury Demand; against Marcia J. Avedon, Robert D. Dixon, Generac Holdings, Inc., Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J. Morgan, Nam T. Nguyen, York A. Ragen, David A. Ramon, Kathryn Roedel, Dominick P. Zarcone by Jeffrey Nykerk. ( Filing Fee PAID $405 receipt number AWIEDC-4610865) (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons)(Brown, Timothy) |
| NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; Consent/refusal forms for Magistrate Judge Joseph 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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