Walling v. Generac Holdings Inc et al
| Christopher Walling |
| Generac Holdings Inc, Aaron P Jagfeld and York A Ragen |
| 2:2024cv00240 |
| February 22, 2024 |
| U.S. District Court for the Eastern District of Wisconsin |
| Pamela Pepper |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 24 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 23 DISCLOSURE Statement by Generac Holdings Inc, Aaron P Jagfeld, York A Ragen. (Vanzura, Glenn) |
| Filing 22 DISCLOSURE Statement by All Plaintiffs. (Frank, Andrew) |
| Filing 21 Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Frank, Andrew) |
Filing 20
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 19
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 2/29/2024 re #18 Stipulation Setting Time to File Amended Complaint and Motion to Dismiss Deadlines. The court APPROVES the parties' stipulation. The court ORDERS that the plaintiff must file an amended complaint by the end of the day on April 22, 2024; the defendants must file an answer or responsive pleading to the amended complaint by the end of the day on June 21, 2024; if the defendants move to dismiss, the plaintiff's response is due by the end of the day on August 20, 2024 and the defendants' reply, if they choose to file one, is due by the end of the day on October 4, 2024. Note: there is no document linked to this text only order. (cc: all counsel)(cb)
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| Filing 18 STIPULATION Setting Time to File Amended Complaint and Motion to Dismiss Deadlines by All Plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order)(Frank, Andrew) |
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Filing 17
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 2/26/2024. On February 7, 2024, prior to the transfer of the case to this district, Judge Conley of the Western District of Wisconsin issued an order granting the plaintiff's motion for appointment as lead plaintiff and approval of selection of counsel. Dkt. No. 12. In their stipulated motion for extension of time to respond to the complaint, the parties indicated that once selected, the lead plaintiff would "identify an operative complaint or file a consolidated complaint that becomes the operative complaint." Dkt. No. 4 at 2. The court ORDERS that if, by the end of the day on March 27, 2024, an operative complaint has not been identified or a consolidated complaint has not been filed, the parties must file a joint report updating the court as to the status of the case and their proposed next steps. Note: there is no document linked to this text only order. (cc: all counsel)(cb)
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| Filing 16 LETTER to Thomas Vangel Panoff from the Clerk's Office re admission and ECF registration (mailed via USPS). (mew) |
| Filing 15 Case transferred in from District of Wisconsin Western; Case Number 3:23-cv-00808. Original file certified copy of transfer order and docket sheet received. |
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Filing 14
** TEXT ONLY ORDER ** Before the court is the parties' joint stipulation to transfer this action to the U.S. District Court for the Eastern District of Wisconsin in Milwaukee, which it construes as a motion for a change of venue. (Dkt. #13 .) Because defendant Generac Holdings, Inc. maintains its principal place of business in Waukesha County, the court recognizes that venue would be proper in the Eastern District of Wisconsin and that transfer of this action will serve the interests of justice and judicial economy. 28 U.S.C. 1404(a). Accordingly, the parties' motion is GRANTED. The clerk of court is directed to TRANSFER this action to the U.S. District Court for the Eastern District of Wisconsin. Signed by District Judge William M. Conley on 2/22/2021. (rks) [Transferred from wiwd on 2/22/2024.]
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| NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper. Consent/refusal forms for Magistrate Judge Nancy 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. (mew) |
| Filing 13 Joint Stipulation to Transfer Venue by Defendants Generac Holdings, Inc., Aaron P. Jagfeld, York A. Ragen. (Panoff, Thomas) [Transferred from wiwd on 2/22/2024.] |
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Filing 12
ORDER granting #6 Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel. IT IS ORDERED that:1) Christopher Walling is APPOINTED to serve as lead plaintiff.2) The court APPROVES lead plaintiff's choice of Levi & Korsinsky, LLP as lead counsel and the law firm Mallery S.C. as liaison counsel. Signed by District Judge William M. Conley on 2/7/2024. (voc) [Transferred from wiwd on 2/22/2024.]
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| Filing 11 Notice by Plaintiff Christopher Walling re #6 Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel . (Frank, Andrew) [Transferred from wiwd on 2/22/2024.] |
| Filing 10 Brief in Reply by Plaintiff Christopher Walling in Support of #6 Motion for Miscellaneous Relief in Further Support of His Motion for Appointment as Lead Plaintiff and Selection of Lead Counsel (Frank, Andrew) [Transferred from wiwd on 2/22/2024.] |
| Filing 9 Disregard. Modified on 1/29/2024. (lak) [Transferred from wiwd on 2/22/2024.] |
| Filing 8 Declaration of Andrew G. Frank filed by Plaintiff Christopher Walling re: #6 Motion for Miscellaneous Relief (Attachments: #1 Exhibit A - Certification of Plaintiff attaching transactions made in Generac Holdings Inc. ("Generac" or the "Company") during the Class Period, #2 Exhibit B - Table of the calculated losses incurred by Plaintiff as a result of his transactions in Generac stock, #3 Exhibit C - Press release published November 21, 2023 on Globe Newswire, #4 Exhibit D - Firm resume of Levi & Korsinsky, #5 Text of Proposed Order) (Frank, Andrew) Modified on 1/23/2024: Corrections made and e-mail sent to counsel. (lak) [Transferred from wiwd on 2/22/2024.] |
| Filing 7 Brief in Support of #6 Motion for Miscellaneous Relief by Plaintiff Christopher Walling (Frank, Andrew) [Transferred from wiwd on 2/22/2024.] |
| Filing 6 Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel by Plaintiff Christopher Walling. Response due 1/29/2024. (Frank, Andrew) Modified on 1/23/2024. (lak) [Transferred from wiwd on 2/22/2024.] |
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Filing 5
ORDER granting #4 Stipulated Motion for Extension of Time to File Answer. Signed by District Judge William M. Conley on 12/28/23. (jat) [Transferred from wiwd on 2/22/2024.]
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| Filing 4 Stipulated Motion for Extension of Time to File Answer re #1 Complaint, by Plaintiff Christopher Walling. Response due 1/3/2024. (Attachments: #1 Text of Proposed Order) (Frank, Andrew) [Transferred from wiwd on 2/22/2024.] |
| Filing 3 Summons Issued as to Defendants. (lak) [Transferred from wiwd on 2/22/2024.] |
| Filing 2 Certification of Named Plaintiff Pursuant to Federal Security Laws and Attachment, filed by Christopher Walling. (Frank, Andrew) Modified on 11/22/2023. (lak) [Transferred from wiwd on 2/22/2024.] |
| Filing 1 COMPLAINT against All Defendants. ( Filing fee $ 402 receipt number AWIWDC-3339653.), filed by Christopher Walling. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons) (Frank, Andrew) Modified on 11/21/2023: Deleted addresses of defendants. Changed Jagfield to Jagfeld. (lak) [Transferred from wiwd on 2/22/2024.] |
| Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) [Transferred from wiwd on 2/22/2024.] |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak) [Transferred from wiwd on 2/22/2024.] |
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