Ciraulu v. American Realty Capital Properties, Inc. et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:14-cv-08659
District Judge Alvin K. Hellerstein, presiding
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District Judge Alvin K. Hellerstein
Last Updated September 20, 2016 at 11:14 PM EDT (9.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Perry Ciraulu, Plaintiff

Represented by Pomerantz LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeremy Alan Lieberman +1 212 661 1100 +1 212 661 8665 jalieberman@pomlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Francis Paul McConville +1 212 661 1100 +1 212 661 8665 fmcconville@pomlaw.com
v.
No Logo American Realty Capital Properties, Inc., Defendant
No Logo Brian Block, Defendant

Represented by Steptoe & Johnson, LLP

Name Phone Fax E-Mail
Space Marc Elliott Levin +1 202 429 3000 +1 202 429 3902 mlevin@steptoe.com
Space Michael Campion Miller +1 212 506 3900 +1 212 506 3950 mmiller@steptoe.com
Space Michael Gerard Scavelli +1 212 378 7538 +1 212 506 3950 mscavelli@steptoe.com
Space Reid Henry Weingarten +1 202 429 6238 +1 202 429 3902 rweingarten@steptoe.com
No Logo David S. Kay, Defendant
No Logo Lisa Mcalister, Defendant
No Logo Nicholas S. Schorsch, Defendant
Other Parties
No Logo ARCP Group, Movant

Represented by Rosen Law Firm PA

Name Phone Fax E-Mail
Space Phillip C. Kim +1 212 686 1060 +1 212 202 3827 philkim@rosenlegal.com
No Logo Brock Siebold, Movant

Represented by Kahn Gauthier Swick, LLC

Name Phone Fax E-Mail
Space Bruce Whitney Dona +1 212 696 3730 bruce.dona@ksfcounsel.com
No Logo Charles D Hoffman, Movant

Represented by Abraham, Fruchter & Twersky, LLP

Name Phone Fax E-Mail
Space Jeffrey Simon Abraham +1 212 279 5050 +1 212 279 3655 jabraham@aftlaw.com
No Logo Corsair Capital Management, L.P., Movant

Represented by Lowey Dannenberg Bemporad & Selinger, PC

Name Phone Fax E-Mail
Space Thomas Michael Skelton +1 914 997 0500 +1 914 997 0035 tskelton@ldbs.com
No Logo Corsair Capital Partners 100 L.P., Movant
No Logo Corsair Capital Partners L.p., Movant
Officer/Director, Global System Designs, Inc.
No Logo Corsair Captial Investors, Ltd., Movant
No Logo Corsair Select 100, Movant

Represented by Lowey Dannenberg Bemporad & Selinger, PC

Name Phone Fax E-Mail
Space David Charles Harrison +1 914 997 0500 +1 914 997 0035 dharrison@lowey.com
Space Barbara J. Hart +1 914 997 0500 +1 914 997 0035 bhart@lowey.com
No Logo Corsair Select L.P., Movant
No Logo Corsair Select MF Ltd., Movant
No Logo HWM Group, Movant

Represented by Stull, Stull & Brody

Name Phone Fax E-Mail
Space JASON ROBERT D'AGNENICA +1 212 687 7230 +1 212 490 2022 jasondag@ssbny.com
No Logo Institutional Investor Group, Movant

Represented by Motley Rice, LLC

Name Phone Fax E-Mail
Space Rebecca M Katz +1 212 577 0040 +1 212 577 0054 rkatz@motleyrice.com
No Logo KBC Asset Management NV, Movant

Represented by KBC Asset Management NV

Name Phone Fax E-Mail
Space KBC Asset Management NV
No Logo Kevin Patton, Movant

Represented by Rosen Law Firm PA

Name Phone Fax E-Mail
Space Kevin Koon-Pon Chan +1 212 686 1060 +1 212 202 3827 kchan@rosenlegal.com
No Logo Mitchell and Bonnie Ellis, Movant

Represented by Levi & Korsinsky, LLP

Name Phone Fax E-Mail
Space Adam M Apton +1 202 524 4290 +1 202 333 2121 AApton@zlk.com
No Logo NYC Funds, Movant

Represented by Cohen Milstein Sellers & Toll, PLLC

Name Phone Fax E-Mail
Space Christopher E Lometti +1 212 838 7797 +1 212 838 7745 clometti@cohenmilstein.com
No Logo OHIO FUNDS, Movant

Represented by Bernstein Liebhard LLP

Name Phone Fax E-Mail
Space Stanley D Bernstein , +1 212 779 1414 +7793 779 779 3218 bernstein@bernlieb.com
Space Jeffrey Michael Haber +1 212 779 1414 +1 212 779 3218 haber@bernlieb.com
Space Joseph R. Seidman +1 212 779 1414 +1 212 779 3218 seidman@bernlieb.com
No Logo Paul Matten, Movant

Represented by Johnson & Weaver, LLP

Name Phone Fax E-Mail
Space William Scott Holleman +1 212 802 1486 scotth@johnsonandweaver.com
No Logo Public Sector Pension Investment Board, Movant
Officer/Director, Noodles & Co
Officer/Director, Segmentz Inc
Officer/Director, Virtu Financial, Inc.
Officer/Director, GoHealth, Inc.

Represented by Labaton Sucharow, LLP

Name Phone Fax E-Mail
Space Christopher Joseph Keller +1 212 907 0700 +1 212 818 0477 ckeller@labaton.com
Space Michael Walter Stocker +1 212 907 0882 +1 212 883 7082 mstocker@labaton.com
No Logo Robert Shenker, Movant

Represented by Gardy & Notis, LLP

Name Phone Fax E-Mail
Space Meagan Alicia Farmer +1 212 905 0509 +1 212 905 0508 mfarmer@gardylaw.com
No Logo Sheet Metal Workers' National Pension Fund, Movant

Represented by Sheet Metal Workers' National Pension Fund

Name Phone Fax E-Mail
Space Sheet Metal Workers' National Pension Fund
No Logo The City Of Tampa General Employees Retirement Fund, Movant

Represented by Morgan & Morgan, PA

Name Phone Fax E-Mail
Space Peter George Safirstein +1 212 738 6299 +1 212 564 1807 psafirstein@morgansecuritieslaw.com
No Logo TIAA-CREF, Movant

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
Space Jason Adeeb Forge +1 619 231 1058 +1 619 231 7423 jforge@rgrdlaw.com
Space Darren Jay Robbins +1 619 231 1058 +1 619 231 7423 darrenr@rgrdlaw.com
Space David Avi Rosenfeld +1 631 367 7100 +1 631 367 1173 drosenfeld@rgrdlaw.com
Space Samuel Howard Rudman +1 631 367 7100 +1 631 367 1173 srudman@rgrdlaw.com
No Logo Union Asset Management Holding Ag, Movant

Represented by Motley Rice, LLC

Name Phone Fax E-Mail
Space Don Migliori +1 401 457 7700 +4577 457 457 7708 dmigliori@motleyrice.com
Space William H. Narwold +1 860 882 1676 +1 860 882 1682 bnarwold@motleyrice.com
Space Joseph F. Rice +1 843 216 9000 +1 843 216 9450 jrice@motleyrice.com

Represented by Union Asset Management Holding Ag

Name Phone Fax E-Mail
Space Union Asset Management Holding AG
No Logo Sjunde Ap-Fonden, ADR Provider

Represented by Grant & Eisenhofer, PA

Name Phone Fax E-Mail
Space Geoffrey Coyle Jarvis +1 302 622 7040 +1 302 622 7100 gjarvis@gelaw.com
Attributes
Citation Unknown
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
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Legal Document (Payment Possibly Required) 121 Filed: 8/27/2015, Entered: None
NOTICE OF APPEARANCE by Steven Jeffrey Toll on behalf of NYC Funds. Filed In Associated Cases: 1:15-mc-00040-AKH et al.(Toll, Steven) (Entered: 08/27/2015)
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Legal Document (Payment Possibly Required) 120 Filed: 8/27/2015, Entered: None
NOTICE OF APPEARANCE by Julie Goldsmith Reiser on behalf of NYC Funds. Filed In Associated Cases: 1:15-mc-00040-AKH et al.(Reiser, Julie) (Entered: 08/27/2015)
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Legal Document (Payment Possibly Required) 119 Filed: 8/27/2015, Entered: None
NOTICE OF APPEARANCE by Daniel Brett Rehns on behalf of NYC Funds. Filed In Associated Cases: 1:15-mc-00040-AKH et al.(Rehns, Daniel) (Entered: 08/27/2015)
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Legal Document (Payment Possibly Required) 118 Filed: 8/12/2015, Entered: None
REPLY MEMORANDUM OF LAW in Support re: (73 in 1:15-mc-00040-AKH) MOTION to Dismiss the Amended Complaint. . Document filed by Abby M. Wenzel. Filed In Associated Cases: 1:15-mc-00040-AKH et al.(Wise, Tamar) (Entered: 08/12/2015)
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Legal Document (Payment Possibly Required) 117 Filed: 7/22/2015, Entered: None Court Filing
ORDER GRANTING AND TERMINATING MOTIONS granting (42) Motion to Withdraw as Attorney. Attorney Christopher Lometti terminated; terminating (11) Motion to Appoint; terminating (14) Motion to Appoint; terminating (17) Motion to Appoint; terminating (18) Motion to Appoint in case 1:14-cv-08668-AKH; granting (45) Motion to Withdraw as Attorney. Attorney Christopher Lometti terminated; terminating (14) Motion to Appoint; terminating (17) Motion to Appoint; terminating (20) Motion to Appoint; terminating (21) Motion to Appoint in case 1:14-cv-08669-AKH; terminating (25) Motion to Consolidate Cases; terminating (25) Motion to Appoint; terminating (25) Motion to Appoint Counsel; terminating (28) Motion to Appoint; terminating (31) Motion to Appoint; terminating (32) Motion to Appoint; terminating (37) Motion to Consolidate Cases; terminating (37) Motion to Appoint; terminating (37) Motion to Appoint Counsel; terminating (40) Motion to Appoint Counsel; terminating (40) Motion to Appoint; terminating (40) Motion to Consolidate Cases; terminating (45) Motion to Appoint; terminating (47) Motion to Appoint; terminating (50) Motion to Appoint; terminating (53) Motion to Withdraw; granting (69) Motion to Appear Pro Hac Vice; granting (70) Motion to Appear Pro Hac Vice; granting (81) Motion to Appear Pro Hac Vice; terminating (7) Motion to Appoint; granting (97) Motion to Appear Pro Hac Vice; granting (113) Motion to Withdraw as Attorney. Attorney Christopher Lometti terminated; terminating (11) Motion to Appoint; terminating (14) Motion to Appoint Counsel; terminating (14) Motion to Appoint; terminating (14) Motion to Consolidate Cases; terminating (16) Motion to Consolidate Cases; terminating (16) Motion to Appoint; terminating (16) Motion to Appoint Counsel; terminating (19) Motion to Appoint; terminating (22) Motion to Appoint in case 1:14-cv-08659-AKH; granting (45) Motion to Withdraw as Attorney. Attorney Christopher Lometti terminated; terminating (14) Motion to Appoint; terminating (17) Motion to Appoint; terminating (20) Motion to Appoint; terminating (21) Motion to Appoint in case 1:14-cv-08671-AKH; granting (39) Motion to Withdraw as Attorney. Attorney Christopher Lometti terminated; terminating (6) Motion to Appoint; terminating (9) Motion to Appoint; terminating (12) Motion to Appoint; terminating (13) Motion to Appoint in case 1:14-cv-08721-AKH; granting (35) Motion to Withdraw as Attorney. Attorney Christopher Lometti terminated; terminating (5) Motion to Appoint; terminating (8) Motion to Appoint; terminating (11) Motion to Appoint; terminating (12) Motion to Appoint in case 1:14-cv-08740-AKH; granting (38) Motion to Withdraw as Attorney. Attorney Christopher Lometti terminated; terminating (6) Motion to Appoint; terminating (7) Motion to Appoint; terminating (14) Motion to Appoint; terminating (17) Motion to Appoint in case 1:14-cv-09006-AKH; granting (21) Motion to Withdraw as Attorney. Attorney Christopher Lometti terminated in case 1:14-cv-10134-AKH; granting (16) Motion to Appear Pro Hac Vice; granting (76) Motion to Appear Pro Hac Vice; granting (85) Motion to Appear Pro Hac Vice; granting (88) Motion to Appear Pro Hac Vice; granting (91) Motion to Appear Pro Hac Vice; granting (108) Motion to Withdraw as Attorney. Attorney Christopher Lometti terminated in case 1:15-cv-00421-AKH; granting (18) Motion to Appear Pro Hac Vice; granting (29) Motion to Appear Pro Hac Vice; granting (44) Motion to Appear Pro Hac Vice; granting (65) Motion to Appear Pro Hac Vice in case 1:15-mc-00040-AKH: Motions to appear pro hac vice by the following individuals are granted: Darren Jay Robbins, Jason Adeeb Forge, Joseph F. Rice, Glen De Valerio, Bruce R. Braun, Michael H. Steinberg, Jessica C. Collins, Douglas W. Greene, John P. MacNaughton. The motion to withdraw as counsel filed by Christopher Lometti is granted. The following motions have been resolved and should be terminated in ECF as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 7/21/2015) Filed In Associated Cases: 1:15-mc-00040-AKH et al. (tn) (Entered: 07/22/2015)
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Legal Document (Payment Possibly Required) 116 Filed: 7/14/2015, Entered: None Court Filing
STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT ELIZABETH K. TUPPENY, PURSUANT TO FRCP 41(a)(2): that Tuppeny is dismissed from the Consolidated Class Proceeding without prejudice; Plaintiffs and Tuppeny shall each bear their own costs; Tuppeny agrees to extend and toll any applicable statute of limitations or other time-based defense whether statutory, contractual or otherwise and whether at law, in equity or otherwise including, but not limited to, laches and estoppel with respect to the Section 14(a) claim against her for the time period from the first date of the execution of this Stipulation by undersigned counsel until December 31, 2016; and as further set forth in this order. Elizabeth K. Tuppeny terminated. (Signed by Judge Alvin K. Hellerstein on 7/14/2015) ***As per chambers, Filed In Associated Cases: 1:15-mc-00040-AKH et al.(tn) (Entered: 07/14/2015)
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Legal Document (Payment Possibly Required) 115 Filed: 7/14/2015, Entered: None Court Filing
STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT LEONARD W. WOOD, PURSUANT TO FRCP 41(a)(2): Wood is dismissed from the Consolidated Class Proceeding without prejudice; Plaintiffs and Wood shall each bear their own costs; As a result of the dismissal and for as long as they remain dismissed from the action, Wood is not included in "Defendants herein" as that term is used in paragraph 382 of the Amended Complaint and is not excluded from the class in the Consolidated Class Proceeding, which is alleged in the same paragraph 382 to include "all persons or entities who purchased or otherwise acquired ARCP securities, including ARCP common stock, preferred stock and debt securities, as well as those who traded in option contracts on ARCP stock, between September 7, 2011 and October 29, 2014", and as further set forth in this order. Leonard W. Wood terminated. (Signed by Judge Alvin K. Hellerstein on 7/14/2015) ***As per chambers, Filed In Associated Cases: 1:15-mc-00040-AKH et al.(tn) Modified on 7/14/2015 (tn). (Entered: 07/14/2015)
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Legal Document (Payment Possibly Required) 114 Filed: 7/6/2015, Entered: None Court Filing
STIPULATION AND ORDER OF DISMISSAL OF DEFENDANTS CHRISTOPHER H. COLE, MARC T. NEMER, JEFFREY C. HOLLAND, STEPHAN KELLER AND D. KIRK MCALLASTER, JR PURSUANT TO FRCP 41(a)(2): The Former CREI Executives are dismissed from the Consolidated Class Proceeding without prejudice; Plaintiffs and the Former CREI Executives shall each bear their own costs; and as further set forth in this order. Cole Real Estate Investments, Inc., Jeffrey C. Holland, Stephan Keller, D. Kirk McCallaster, Jr, Marc T. Nemer, and Christopher H. Cole terminated. (Signed by Judge Alvin K. Hellerstein on 7/6/2015) Filed In Associated Cases: 1:15-mc-00040-AKH et al.(tn) (Entered: 07/07/2015)
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Legal Document (Payment Possibly Required) 113 Filed: 6/10/2015, Entered: None
MOTION for CHRISTOPHER LOMETTI to Withdraw as Attorney . Document filed by NYC Funds. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:15-mc-00040-AKH et al.(Lometti, Christopher) (Entered: 06/10/2015)
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Legal Document (Payment Possibly Required) 112 Filed: 6/4/2015, Entered: None
NOTICE of Withdrawal of Counsel (Christopher Lometti). Document filed by NYC Funds. Filed In Associated Cases: 1:15-mc-00040-AKH et al.(Lometti, Christopher) (Entered: 06/04/2015)
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Legal Document (Payment Possibly Required) 111 Filed: 6/2/2015, Entered: None
NOTICE OF APPEARANCE by Daniel Brett Rehns on behalf of NYC Funds. (Rehns, Daniel) (Entered: 06/02/2015)
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Legal Document (Payment Possibly Required) 110 Filed: 4/29/2015, Entered: None
NOTICE of Withdrawal of Counsel. Document filed by Institutional Investor Group. Filed In Associated Cases: 1:15-mc-00040-AKH et al.(Katz, Rebecca) (Entered: 04/29/2015)
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Legal Document (Payment Possibly Required) 109 Filed: 3/3/2015, Entered: None
NOTICE OF APPEARANCE by Leah Margaret Quadrino on behalf of Brian Block. Filed In Associated Cases: 1:15-mc-00040-AKH et al.(Quadrino, Leah) (Entered: 03/03/2015)
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Legal Document (Payment Possibly Required) 108 Filed: 3/3/2015, Entered: None
NOTICE OF APPEARANCE by Lara Elizabeth Romansic on behalf of Brian Block. Filed In Associated Cases: 1:15-mc-00040-AKH et al.(Romansic, Lara) (Entered: 03/03/2015)
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Legal Document (Payment Possibly Required) 107 Filed: 3/2/2015, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/10/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) 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 may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/02/2015)
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Legal Document (Payment Possibly Required) 106 Filed: 3/2/2015, Entered: None Court Filing
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/10/2015 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. 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 3/26/2015. Redacted Transcript Deadline set for 4/6/2015. Release of Transcript Restriction set for 6/4/2015.(McGuirk, Kelly) (Entered: 03/02/2015)
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Legal Document (Payment Possibly Required) 105 Filed: 2/13/2015, Entered: None Court Filing
ORDER: As explained on the record at the February 10, 2015 status conference, the lead plaintiff in the consolidated class action shall be the Teachers Insurance and Annuity Association of America ("TIAA-CREF") and the lead counsel shall be Darren Robbins of the law firm of Robbins, Geller, Rudman, and Dowd, LLP. At the status conference, I also set the following briefing schedule for Defendants' motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6). 1. Defendants' motion is due April 10, 2015. 2. Plaintiff's opposition is due May 15, 2015. 3. Defendants' reply is due June 3, 2015. Plaintiff Jet Capital, although pursuing its case independently from the class, will follow the same briefing schedule and shall coordinate with the lead counsel for the class so as not to submit duplicative briefing. The Clerk shall consolidate the cases identified in the caption, with the exception of 15 Civ. 307 (AKH), for pre-trial proceedings in the docket under the title In re American Capital Realties Litigation, and assign an "mc" docket number to the case. The "mc" case shall be the lead case, and the individual civil cases shall be consolidated as member cases in the "mc" case. ( Motions due by 4/10/2015., Responses due by 5/15/2015, Replies due by 6/3/2015.) (Signed by Judge Alvin K. Hellerstein on 2/11/2015) (mro) (Entered: 02/17/2015)
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Legal Document (Payment Possibly Required) 104 Filed: 2/11/2015, Entered: None Court Filing
ORDER granting in part and denying in part 100 Motion for appointment to executive committee As ordered in yesterday's status conference, Lead Plaintiff's Counsel, Robbins Geller Rudman & Dowd, will work with and lead a working group of all interested plaintiffs' counsel, including Bernstein Liebhard LLP, counsel for the stockholders of Cole Real Estate Investiments Inc. A formal judicial appointment of the working group is not necessary. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 02/11/2015)
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Legal Document (Payment Possibly Required) 103 Filed: 2/10/2015, Entered: None
NOTICE OF APPEARANCE by Christopher Louis Garcia on behalf of Leslie D. Michelson, Edward G. Rendell. (Garcia, Christopher) (Entered: 02/10/2015)
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Legal Document (Payment Possibly Required) 102 Filed: 2/10/2015, Entered: None
NOTICE OF APPEARANCE by Richard William Slack on behalf of Leslie D. Michelson, Edward G. Rendell. (Slack, Richard) (Entered: 02/10/2015)
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Legal Document (Payment Possibly Required) 101 Filed: 2/10/2015, Entered: None
MEMORANDUM OF LAW in Support re: 100 MOTION OF STATE TEACHERS RETIREMENT SYSTEM OF OHIO TO BE APPOINTED TO THE PLAINTIFFS' EXECUTIVE COMMITTEE AND FOR APPROVAL OF ITS CHOICE OF COUNSEL re: 99 Memo Endorsement . . Document filed by OHIO FUNDS. (Attachments: # 1 Exhibit)(Seidman, Joseph) (Entered: 02/10/2015)
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Legal Document (Payment Possibly Required) 100 Filed: 2/10/2015, Entered: None
MOTION OF STATE TEACHERS RETIREMENT SYSTEM OF OHIO TO BE APPOINTED TO THE PLAINTIFFS' EXECUTIVE COMMITTEE AND FOR APPROVAL OF ITS CHOICE OF COUNSEL re: 99 Memo Endorsement . Document filed by OHIO FUNDS. Return Date set for 2/10/2015 at 04:00 PM.(Seidman, Joseph) (Entered: 02/10/2015)
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Legal Document (Payment Possibly Required) 99 Filed: 2/9/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 98 Letter filed by OHIO FUNDS. ENDORSEMENT: Counsel should file a motion seeking the relief requested. (Signed by Judge Alvin K. Hellerstein on 2/6/2015) (tn) (Entered: 02/09/2015)
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Blank 98 Filed: 2/5/2015, Entered: None Court Filing
LETTER addressed to Judge Alvin K. Hellerstein from Stanley D. Bernstein dated February 5, 2015 Document filed by OHIO FUNDS.(Bernstein, Stanley) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 97 Filed: 2/4/2015, Entered: None
MOTION for Glen DeValerio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10566125. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State Teachers Retirement System Of Ohio.(DeValerio, Glen) (Entered: 02/04/2015)
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Blank 96 Filed: 2/3/2015, Entered: None Court Filing
LETTER addressed to Judge Alvin K. Hellerstein from Steven J. Toll dated February 3, 2015 re: Status Update. Document filed by NYC Funds.(Lometti, Christopher) (Entered: 02/03/2015)
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Blank 95 Filed: 2/2/2015, Entered: None Court Filing
LETTER addressed to Judge Alvin K. Hellerstein from STANLEY D. BERNSTEIN dated 02/02/15 re: STATEMENT OF POSITION. Document filed by OHIO FUNDS.(Seidman, Joseph) (Entered: 02/02/2015)
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Legal Document (Payment Possibly Required) 94 Filed: 1/30/2015, Entered: None
STATEMENT OF RELATEDNESS re: that this action be filed as Document filed by OHIO FUNDS.(Seidman, Joseph) (Entered: 01/30/2015)
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Legal Document (Payment Possibly Required) 93 Filed: 1/30/2015, Entered: None Court Filing
LETTER addressed to Judge Alvin K. Hellerstein from Scott A. Edelman dated 01/30/2015 re: Proposed Case Management Plan. Document filed by American Realty Capital Properties, Inc..(Edelman, Scott) (Entered: 01/30/2015)
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Legal Document (Payment Possibly Required) 92 Filed: 1/28/2015, Entered: None Court Filing
AMENDED LETTER addressed to Judge Alvin K. Hellerstein from Steven J. Toll dated January 22, 2015 re: Filing of Complaint by Proposed Lead Plaintiff NYC Funds (15-cv-00422). Document filed by NYC Funds.(Lometti, Christopher) (Entered: 01/28/2015)
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Blank 91 Filed: 1/26/2015, Entered: None Court Filing
LETTER addressed to Judge Alvin K. Hellerstein from Scott A. Edelman dated 1/26/2015 Document filed by American Realty Capital Properties, Inc..(Edelman, Scott) (Entered: 01/26/2015)
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Blank 90 Filed: 1/22/2015, Entered: None Court Filing
SCHEDULING ORDER: At the status conference scheduled for February 10, 2015, at 4:00 p.m., the Court will hear from the parties to the above-captioned actions as to how to organize the cases of derivative plaintiffs, as well as who should be designated the lead plaintiff of those cases, and how the class and derivative cases shall be coordinated. A case management plan, which shall include a schedule for motions and discovery, shall be approved at the status conference. Parties wishing to be heard on these issues at the status conference must file a submission stating their positions, including proposed case management plans, by January 30, 2015. Status Conference set for 2/10/2015 at 04:00 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 1/22/2015) (tn) (Entered: 01/23/2015)
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Legal Document (Payment Possibly Required) 89 Filed: 1/22/2015, Entered: None Court Filing
FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER addressed to Judge Alvin K. Hellerstein from Steven J. Toll dated January 22, 2015 re: Filing of Complaint by Proposed Lead Plaintiff NYC Funds (15-cv-00422). Document filed by NYC Funds.(Lometti, Christopher) Modified on 1/26/2015 (db). (Entered: 01/22/2015)
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Legal Document (Payment Possibly Required) 88 Filed: 1/22/2015, Entered: None Court Filing
LETTER addressed to Judge Alvin K. Hellerstein from Stanley D. Bernstein dated 01/22/15 re: Courtesy Copy of Complaint. Document filed by OHIO FUNDS.(Haber, Jeffrey) (Entered: 01/22/2015)
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Blank 87 Filed: 1/21/2015, Entered: None Court Filing
LETTER addressed to Judge Alvin K. Hellerstein from Samuel H. Rudman dated January 21, 2015 re: filing of Complaint by proposed lead plaintiff TIAA-CREF and proposed bond purchaser lead plaintiffs Sheet Metal Workers' National Pension Fund and Union Asset Management Holding AG, together with other named plaintiffs in compliance with Judge Hellerstein's January 5, 2015 directive.. Document filed by TIAA-CREF.(Rudman, Samuel) (Entered: 01/21/2015)
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Legal Document (Payment Possibly Required) 86 Filed: 1/20/2015, Entered: None
CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Service was made by MAIL (ECF). Document filed by OHIO FUNDS. (Seidman, Joseph) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 85 Filed: 1/20/2015, Entered: None
AMENDED COMPLAINT amending 2 Complaint against American Realty Capital Properties, Inc., Brian Block, David S. Kay, Lisa Mcalister, Nicholas S. Schorsch, Peter M. Budko, Lisa E. Beeson, William Kahane, Edward M. Weil Jr., Leslie D. Michelson, Edward G. Rendell and Scott J. Bowman with JURY DEMAND.Document filed by OHIO FUNDS. Related document: 2 Complaint filed by Perry Ciraulu. (Attachments: # 1 Exhibit)(Seidman, Joseph) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 84 Filed: 1/20/2015, Entered: None
NOTICE OF CHANGE OF ADDRESS by Michael Gerard Scavelli on behalf of Brian Block. New Address: Steptoe & Johnson LLP, 1114 Avenue of the Americas, New York, NY, USA 10036, 212-378-7538. (Scavelli, Michael) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 83 Filed: 1/20/2015, Entered: None
NOTICE OF APPEARANCE by Michael Gerard Scavelli on behalf of Brian Block. (Scavelli, Michael) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 82 Filed: 1/20/2015, Entered: None
NOTICE OF APPEARANCE by Michelle Lynn Levin on behalf of Brian Block. (Levin, Michelle) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 81 Filed: 1/20/2015, Entered: None
MOTION for Joseph F. Rice to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10513614. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KBC Asset Management NV, Sheet Metal Workers' National Pension Fund, Union Asset Management Holding AG. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Rice, Joseph) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 80 Filed: 1/20/2015, Entered: None
NOTICE OF APPEARANCE by Michael Campion Miller on behalf of Brian Block. (Miller, Michael) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 79 Filed: 1/20/2015, Entered: None
NOTICE OF APPEARANCE by Reid Weingarten on behalf of Brian Block. (Weingarten, Reid) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 78 Filed: 1/16/2015, Entered: None Court Filing
LETTER addressed to Judge Alvin K. Hellerstein from Samuel H. Rudman dated January 16, 2015 re: confirmation that January 20, 2015 is the date for timely filing of complaints by those movants who have a pending motion to be appointed lead plaintiff pursuant to the PSLRA. Document filed by TIAA-CREF.(Rudman, Samuel) (Entered: 01/16/2015)
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Legal Document (Payment Possibly Required) 77 Filed: 1/15/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: (6 in 1:14-cv-09140-AKH) Letter, filed by Michele Graham Turner 1995 Revocable Trust, Jeffrey Turner, (7 in 1:14-cv-09444-AKH) Letter, filed by Edward Froehner, (5 in 1:14-cv-09672-AKH) Letter, filed by Thomas Serafin. ENDORSEMENT: The derivative actions will be separately organized, but coordinated in proceedings with the class actions. (Signed by Judge Alvin K. Hellerstein on 1/14/2015) (tn) (Entered: 01/15/2015)
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Legal Document (Payment Possibly Required) 76 Filed: 1/14/2015, Entered: None
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/5/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) 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 may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/14/2015)
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Legal Document (Payment Possibly Required) 75 Filed: 1/14/2015, Entered: None Court Filing
TRANSCRIPT of Proceedings re: conference held on 1/5/2015 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. 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 2/9/2015. Redacted Transcript Deadline set for 2/20/2015. Release of Transcript Restriction set for 4/17/2015.(McGuirk, Kelly) (Entered: 01/14/2015)
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Legal Document (Payment Possibly Required) 74 Filed: 1/12/2015, Entered: None
NOTICE of Withdrawal re: 11 MOTION to Appoint Charles D. Hoffman to serve as lead plaintiff(s) ., 10 Notice (Other). Document filed by Charles D. Hoffman. (Abraham, Jeffrey) (Entered: 01/12/2015)
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Legal Document (Payment Possibly Required) 73 Filed: 1/12/2015, Entered: None
NOTICE of Withdrawal re: 7 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) .. Document filed by Sjunde Ap-Fonden. (Eisenhofer, Jay) (Entered: 01/12/2015)
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Legal Document (Payment Possibly Required) 72 Filed: 1/9/2015, Entered: None
NOTICE OF APPEARANCE by Donald Alan Migliori on behalf of KBC Asset Management NV, Sheet Metal Workers' National Pension Fund, Union Asset Management Holding AG. (Migliori, Donald) (Entered: 01/09/2015)
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Legal Document (Payment Possibly Required) 71 Filed: 1/8/2015, Entered: None Court Filing
NOTICE CONCERNING ELECTION FOR JUDICIAL DISQUALIFICATION: that if you and your client would like to request that Judge Hellerstein recuse himself from this matter in light of his secretary's financial interest noted above, Judge Hellerstein is prepared to consider that request. To make such a request, you must submit a letter to me within 7 days of the date of this Notice. The letter should not be sent to Judge Hellerstein and copies should not be sent to other counsel. DO NOT E-FILE YOUR LETTER. SUBMIT IT DIRECTLY TO THE CLERK OF COURT. Judge Hellerstein will neither see your letter nor be informed of the identity of the party or attorney who submitted it. If no letters requesting that Judge Hellerstein disqualify himself are received before the deadline specified above, Judge Hellerstein will remain assigned to this case. (tn) ***As per instructions, filed in 14cv8659 and all related cases. (Entered: 01/08/2015)
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Legal Document (Payment Possibly Required) 70 Filed: 1/8/2015, Entered: None
MOTION for Jason Adeeb Forge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10473784. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TIAA-CREF. (Attachments: # 1 Exhibit 1 - Certificate of Standing, # 2 Text of Proposed Order)(Forge, Jason) (Entered: 01/08/2015)
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Legal Document (Payment Possibly Required) 69 Filed: 1/8/2015, Entered: None
MOTION for Darren Jay Robbins to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TIAA-CREF. (Attachments: # 1 Exhibit 1 - Certificate of Standing, # 2 Text of Proposed Order)(Robbins, Darren) (Entered: 01/08/2015)
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Legal Document (Payment Possibly Required) 68 Filed: 1/7/2015, Entered: None Court Filing
SCHEDULING ORDER: At the status conference held on January 5, 2015, I set the following schedule: 1) Any party moving to be designated as the lead plaintiff shall file a complaint by January 19, 2015. 2) The next status conference will be held on February 10, 2015 at 4:00 PM. Lead plaintiffs will be designated at that conference. Amended Pleadings due by 1/19/2015. Status Conference set for 2/10/2015 at 04:00 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 1/7/2015) (djc) (Entered: 01/08/2015)
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Legal Document (Payment Possibly Required) 67 Filed: 1/7/2015, Entered: None
NOTICE of of Withdrawal re: 50 MOTION to Appoint Public Sector Pension Investment Board to serve as lead plaintiff(s) , Approval of Selection of Lead Counsel, and Consolidation of Actions.. Document filed by PUBLIC SECTOR PENSION INVESTMENT BOARD. (Stocker, Michael) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 66 Filed: 1/7/2015, Entered: None
NOTICE OF APPEARANCE by Jeffrey Michael Haber on behalf of OHIO FUNDS. (Haber, Jeffrey) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 65 Filed: 1/7/2015, Entered: None
NOTICE OF APPEARANCE by Stanley D Bernstein on behalf of OHIO FUNDS. (Bernstein, Stanley) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 64 Filed: 1/6/2015, Entered: None
NOTICE OF APPEARANCE by Barbara J. Hart on behalf of Corsair Capital Partners 100 L.P., Corsair Capital Partners L.P., Corsair Captial Investors, Ltd., Corsair Select 100, Corsair Select L.P., Corsair Select MF Ltd.. (Hart, Barbara) (Entered: 01/06/2015)
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Legal Document (Payment Possibly Required) 63 Filed: 1/6/2015, Entered: None
NOTICE OF APPEARANCE by David Charles Harrison on behalf of Corsair Capital Partners 100 L.P., Corsair Capital Partners L.P., Corsair Captial Investors, Ltd., Corsair Select 100, Corsair Select L.P., Corsair Select MF Ltd.. (Harrison, David) (Entered: 01/06/2015)
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Legal Document (Payment Possibly Required) 62 Filed: 1/6/2015, Entered: None
NOTICE OF APPEARANCE by Thomas Michael Skelton on behalf of Corsair Select 100, Corsair Select MF Ltd., Corsair Capital Partners L.P., Corsair Select L.P., Corsair Capital Partners 100 L.P., Corsair Captial Investors, Ltd.. (Skelton, Thomas) (Entered: 01/06/2015)
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Legal Document (Payment Possibly Required) 61 Filed: 1/5/2015, Entered: None
NOTICE OF APPEARANCE by Christopher J. Keller on behalf of PUBLIC SECTOR PENSION INVESTMENT BOARD. (Keller, Christopher) (Entered: 01/05/2015)
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Legal Document (Payment Possibly Required) 60 Filed: 1/5/2015, Entered: None
NOTICE OF APPEARANCE by Michael Walter Stocker on behalf of PUBLIC SECTOR PENSION INVESTMENT BOARD. (Stocker, Michael) (Entered: 01/05/2015)
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Legal Document (Payment Possibly Required) 59 Filed: 1/5/2015, Entered: None
NOTICE OF APPEARANCE by David Avi Rosenfeld on behalf of TIAA-CREF. (Rosenfeld, David) (Entered: 01/05/2015)
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Legal Document (Payment Possibly Required) 58 Filed: 1/2/2015, Entered: None
NOTICE OF APPEARANCE by William H. Narwold on behalf of KBC Asset Management NV, Sheet Metal Workers' National Pension Fund, Union Asset Management Holding AG. (Narwold, William) (Entered: 01/02/2015)
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Legal Document (Payment Possibly Required) 57 Filed: 12/31/2014, Entered: None
NOTICE of Errata re: 17 Memorandum of Law in Support of Motion,. Document filed by TIAA-CREF. (Rudman, Samuel) (Entered: 12/31/2014)
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Legal Document (Payment Possibly Required) 56 Filed: 12/31/2014, Entered: None
NOTICE of Non-Opposition to TIAA-CREFS Motion for Consolidation, Appointment as Lead Plaintiff, and Approval of Lead Counsel. Document filed by Paul Matten. (Holleman, William) (Entered: 12/31/2014)
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Legal Document (Payment Possibly Required) 55 Filed: 12/31/2014, Entered: None
MOTION for Darren Jay Robbins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10454726. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TIAA-CREF. (Attachments: # 1 Exhibit 1 - Certificate of Standing, # 2 Text of Proposed Order)(Robbins, Darren) (Entered: 12/31/2014)
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Legal Document (Payment Possibly Required) 54 Filed: 12/30/2014, Entered: None
NOTICE of of Errata to Supplement Filing re: 49 Declaration in Support of Motion,. Document filed by NYC Funds. (Lometti, Christopher) (Entered: 12/30/2014)
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Legal Document (Payment Possibly Required) 53 Filed: 12/30/2014, Entered: None
MOTION to Withdraw 40 MOTION to Appoint Counsel . MOTION to Appoint Brock Siebold to serve as lead plaintiff(s) . MOTION to Consolidate Cases 14-cv-8668; 14-cv-8669; 14-cv-8671; 14-cv-8721; 14-cv-8740; 14-cv-9006 . . Document filed by Brock Siebold.(Dona, Bruce) (Entered: 12/30/2014)
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Legal Document (Payment Possibly Required) 52 Filed: 12/29/2014, Entered: None
DECLARATION of Michael W. Stocker in Support re: 50 MOTION to Appoint Public Sector Pension Investment Board to serve as lead plaintiff(s) , Approval of Selection of Lead Counsel, and Consolidation of Actions.. Document filed by PUBLIC SECTOR PENSION INVESTMENT BOARD. (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Loss Analysis, # 3 Exhibit C - Notice, # 4 Exhibit D - Labaton Sucharow Firm Resume)(Stocker, Michael) (Entered: 12/29/2014)
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Blank 51 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 50 MOTION to Appoint Public Sector Pension Investment Board to serve as lead plaintiff(s) , Approval of Selection of Lead Counsel, and Consolidation of Actions. . Document filed by PUBLIC SECTOR PENSION INVESTMENT BOARD. (Stocker, Michael) (Entered: 12/29/2014)
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Blank 50 Filed: 12/29/2014, Entered: None
MOTION to Appoint Public Sector Pension Investment Board to serve as lead plaintiff(s) , Approval of Selection of Lead Counsel, and Consolidation of Actions. Document filed by PUBLIC SECTOR PENSION INVESTMENT BOARD. (Attachments: # 1 Text of Proposed Order)(Stocker, Michael) (Entered: 12/29/2014)
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Blank 49 Filed: 12/29/2014, Entered: None
DECLARATION of Christopher Lometti in Support re: 47 MOTION to Appoint NYC Funds (the New York City Employees Retirement System; the New York City Police Pension Fund and the New York City Police Officers Variable Supplements Fund; the Board of Education Retirement System of the City of New York; the T. Document filed by NYC Funds. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Lometti, Christopher) (Entered: 12/29/2014)
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Blank 48 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 47 MOTION to Appoint NYC Funds (the New York City Employees Retirement System; the New York City Police Pension Fund and the New York City Police Officers Variable Supplements Fund; the Board of Education Retirement System of the City of New York; the T . Document filed by NYC Funds. (Lometti, Christopher) (Entered: 12/29/2014)
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Blank 47 Filed: 12/29/2014, Entered: None
MOTION to Appoint NYC Funds (the New York City Employees Retirement System; the New York City Police Pension Fund and the New York City Police Officers Variable Supplements Fund; the Board of Education Retirement System of the City of New York; the Teachers Retirement System of the City of New York and the Teachers Retirement System of the City of New York Variable A; and the New York City Fire Department Pension Fund, the New York City Fire Officers Variable Supplements Fund, and the New York City Fire Fighters Variable Supplements Fund) to serve as lead plaintiff(s) . Document filed by NYC Funds.(Lometti, Christopher) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 12/29/2014, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sheet Metal Workers' National Pension Fund.(Katz, Rebecca) (Entered: 12/29/2014)
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Blank 45 Filed: 12/29/2014, Entered: None
MOTION to Appoint Paul Matten to serve as lead plaintiff(s) and Approval of Lead Plaintiff's Selection of Counsel. Document filed by Paul Matten. (Attachments: # 1 Memorandum of Law, # 2 Declaration of W. Scott Holleman, # 3 Text of Proposed Order)(Holleman, William) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 12/29/2014, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent KBC Group NV for KBC Asset Management NV. Document filed by KBC Asset Management NV.(Katz, Rebecca) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 12/29/2014, Entered: None
DECLARATION of Bruce W. Dona in Support re: 40 MOTION to Appoint Counsel . MOTION to Appoint Brock Siebold to serve as lead plaintiff(s) . MOTION to Consolidate Cases 14-cv-8668; 14-cv-8669; 14-cv-8671; 14-cv-8721; 14-cv-8740; 14-cv-9006 .. Document filed by Brock Siebold. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Dona, Bruce) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 12/29/2014, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate DZ Bank AG, Other Affiliate WGZ Bank AG, Other Affiliate R+V Holding AG for. Document filed by Union Asset Management Holding AG.(Katz, Rebecca) (Entered: 12/29/2014)
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Blank 41 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 40 MOTION to Appoint Counsel . MOTION to Appoint Brock Siebold to serve as lead plaintiff(s) . MOTION to Consolidate Cases 14-cv-8668; 14-cv-8669; 14-cv-8671; 14-cv-8721; 14-cv-8740; 14-cv-9006 . . Document filed by Brock Siebold. (Dona, Bruce) (Entered: 12/29/2014)
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Blank 40 Filed: 12/29/2014, Entered: None
MOTION to Appoint Counsel ., MOTION to Appoint Brock Siebold to serve as lead plaintiff(s) ., MOTION to Consolidate Cases 14-cv-8668; 14-cv-8669; 14-cv-8671; 14-cv-8721; 14-cv-8740; 14-cv-9006 . Document filed by Brock Siebold. (Attachments: # 1 Text of Proposed Order)(Dona, Bruce) (Entered: 12/29/2014)
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Blank 39 Filed: 12/29/2014, Entered: None
DECLARATION of Rebecca M. Katz in Support re: 37 MOTION to Consolidate Cases 1:14-cv-8659, 1:14-cv-8668, 1:14-cv-8669, 1:14-cv-8671, 1:14-cv-8721, 1:14-cv-8740, 1:14-cv-9006, 1:14-cv-10134 . MOTION to Appoint Union Asset Management Holding AG, KBC Asset Management NV & Sheet Metal Workers' National Pension Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by Institutional Investor Group. (Attachments: # 1 Exhibit 1 - Certifications, # 2 Exhibit 2 - Loss Charts, # 3 Exhibit 3 - Notice, # 4 Exhibit 4 - Declarations of Assignment, # 5 Exhibit 5 - Joint Declaration, # 6 Exhibit 6 - Orders, # 7 Exhibit 7 - Firm Resume)(Katz, Rebecca) (Entered: 12/29/2014)
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Blank 38 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 37 MOTION to Consolidate Cases 1:14-cv-8659, 1:14-cv-8668, 1:14-cv-8669, 1:14-cv-8671, 1:14-cv-8721, 1:14-cv-8740, 1:14-cv-9006, 1:14-cv-10134 . MOTION to Appoint Union Asset Management Holding AG, KBC Asset Management NV & Sheet Metal Workers' National Pension Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by Institutional Investor Group. (Katz, Rebecca) (Entered: 12/29/2014)
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Blank 37 Filed: 12/29/2014, Entered: None
MOTION to Consolidate Cases 1:14-cv-8659, 1:14-cv-8668, 1:14-cv-8669, 1:14-cv-8671, 1:14-cv-8721, 1:14-cv-8740, 1:14-cv-9006, 1:14-cv-10134 ., MOTION to Appoint Union Asset Management Holding AG, KBC Asset Management NV & Sheet Metal Workers' National Pension Fund to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by Institutional Investor Group.(Katz, Rebecca) (Entered: 12/29/2014)
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Blank 36 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 31 MOTION to Appoint Corsair Capital Management, L.P. to serve as lead plaintiff(s) . . Document filed by Corsair Capital Management, L.P.. (Attachments: # 1 Affidavit Declaration of Barbara J. Hart, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12)(Skelton, Thomas) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 35 Filed: 12/29/2014, Entered: None
CERTIFICATE OF SERVICE served on DEFENDANTS on 12-29-14. Document filed by OHIO FUNDS. (Seidman, Joseph) (Entered: 12/29/2014)
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Blank 34 Filed: 12/29/2014, Entered: None
DECLARATION of JOSEPH R. SEIDMAN, JR. in Support re: 32 MOTION to Appoint STATE TEACHERS RETIREMENT SYSTEM OF OHIO AND OHIO PENSION EMPLOYEES RETIREMENT SYSTEM to serve as lead plaintiff(s) .. Document filed by OHIO FUNDS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Seidman, Joseph) (Entered: 12/29/2014)
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Blank 33 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 32 MOTION to Appoint STATE TEACHERS RETIREMENT SYSTEM OF OHIO AND OHIO PENSION EMPLOYEES RETIREMENT SYSTEM to serve as lead plaintiff(s) . . Document filed by OHIO FUNDS. (Seidman, Joseph) (Entered: 12/29/2014)
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Blank 32 Filed: 12/29/2014, Entered: None
MOTION to Appoint STATE TEACHERS RETIREMENT SYSTEM OF OHIO AND OHIO PENSION EMPLOYEES RETIREMENT SYSTEM to serve as lead plaintiff(s) . Document filed by OHIO FUNDS. (Attachments: # 1 Exhibit)(Seidman, Joseph) (Entered: 12/29/2014)
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Blank 31 Filed: 12/29/2014, Entered: None
MOTION to Appoint Corsair Capital Management, L.P. to serve as lead plaintiff(s) . Document filed by Corsair Capital Management, L.P..(Skelton, Thomas) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 30 Filed: 12/29/2014, Entered: None
DECLARATION of Meagan Farmer in Support re: 28 MOTION to Appoint Robert Shenker to serve as lead plaintiff(s) .. Document filed by Robert Shenker. (Attachments: # 1 Exhibit A - Gardy & Notis, LLP firm resume, # 2 Exhibit B - excerpts of deposition transcript in Polage v. Cole action, # 3 Exhibit C - PSLRA filing notices, # 4 Exhibit D - Certification of Robert Shenker, # 5 Exhibit E - Shenker objection in the Polage action)(Farmer, Meagan) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 29 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 28 MOTION to Appoint Robert Shenker to serve as lead plaintiff(s) . . Document filed by Robert Shenker. (Farmer, Meagan) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 28 Filed: 12/29/2014, Entered: None
MOTION to Appoint Robert Shenker to serve as lead plaintiff(s) . Document filed by Robert Shenker.(Farmer, Meagan) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 27 Filed: 12/29/2014, Entered: None
DECLARATION of Peter Safirstein in Support re: 25 MOTION to Consolidate Cases 1:14-cv-08659; 1:14-cv-08668; 1:14-cv-08669; 1:14-cv-08671; 1:14-cv-08721; 1:14-cv-08740; 1:14-cv-09006; 1:14-cv-10134 . MOTION to Appoint The City Of Tampa General Employees Retirement Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by The City Of Tampa General Employees Retirement Fund. (Attachments: # 1 Exhibit A. Notice, # 2 Exhibit B. Certification, # 3 Exhibit C. Loss Charts, # 4 Exhibit D. Firm Resume)(Safirstein, Peter) (Entered: 12/29/2014)
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Blank 26 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 25 MOTION to Consolidate Cases 1:14-cv-08659; 1:14-cv-08668; 1:14-cv-08669; 1:14-cv-08671; 1:14-cv-08721; 1:14-cv-08740; 1:14-cv-09006; 1:14-cv-10134 . MOTION to Appoint The City Of Tampa General Employees Retirement Fund to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by The City Of Tampa General Employees Retirement Fund. (Safirstein, Peter) (Entered: 12/29/2014)
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Blank 25 Filed: 12/29/2014, Entered: None
MOTION to Consolidate Cases 1:14-cv-08659; 1:14-cv-08668; 1:14-cv-08669; 1:14-cv-08671; 1:14-cv-08721; 1:14-cv-08740; 1:14-cv-09006; 1:14-cv-10134 ., MOTION to Appoint The City Of Tampa General Employees Retirement Fund to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by The City Of Tampa General Employees Retirement Fund. (Attachments: # 1 Text of Proposed Order)(Safirstein, Peter) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 24 Filed: 12/29/2014, Entered: None
DECLARATION of Jason D'Agnenica in Support re: 22 MOTION to Appoint The HWM Group to serve as lead plaintiff(s) .. Document filed by HWM Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(D'Agnenica, Jason) (Entered: 12/29/2014)
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Blank 23 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 22 MOTION to Appoint The HWM Group to serve as lead plaintiff(s) . . Document filed by HWM Group. (D'Agnenica, Jason) (Entered: 12/29/2014)
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Blank 22 Filed: 12/29/2014, Entered: None
MOTION to Appoint The HWM Group to serve as lead plaintiff(s) . Document filed by HWM Group. (Attachments: # 1 Text of Proposed Order)(D'Agnenica, Jason) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 21 Filed: 12/29/2014, Entered: None
DECLARATION of Adam M. Apton in Support re: 19 MOTION to Appoint Mitchell and Bonnie Ellis to serve as lead plaintiff(s) .. Document filed by Mitchell and Bonnie Ellis. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Apton, Adam) (Entered: 12/29/2014)
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Blank 20 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 19 MOTION to Appoint Mitchell and Bonnie Ellis to serve as lead plaintiff(s) . . Document filed by Mitchell and Bonnie Ellis. (Apton, Adam) (Entered: 12/29/2014)
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Blank 19 Filed: 12/29/2014, Entered: None
MOTION to Appoint Mitchell and Bonnie Ellis to serve as lead plaintiff(s) . Document filed by Mitchell and Bonnie Ellis. (Attachments: # 1 Text of Proposed Order)(Apton, Adam) (Entered: 12/29/2014)
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Blank 18 Filed: 12/29/2014, Entered: None
DECLARATION of Samuel H. Rudman in Support re: 16 MOTION to Consolidate Cases 1:14-cv-08659; 1:14-cv-08668; 1:14-cv-08669; 1:14-cv-08671; 1:14-cv-08721; 1:14-cv-08740; 1:14-cv-09006 . MOTION to Appoint TIAA-CREF to serve as lead plaintiff(s) . MOTION to Appoint Counsel .. Document filed by TIAA-CREF. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rudman, Samuel) (Entered: 12/29/2014)
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Blank 17 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 16 MOTION to Consolidate Cases 1:14-cv-08659; 1:14-cv-08668; 1:14-cv-08669; 1:14-cv-08671; 1:14-cv-08721; 1:14-cv-08740; 1:14-cv-09006 . MOTION to Appoint TIAA-CREF to serve as lead plaintiff(s) . MOTION to Appoint Counsel . . Document filed by TIAA-CREF. (Rudman, Samuel) (Entered: 12/29/2014)
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Blank 16 Filed: 12/29/2014, Entered: None
MOTION to Consolidate Cases 1:14-cv-08659; 1:14-cv-08668; 1:14-cv-08669; 1:14-cv-08671; 1:14-cv-08721; 1:14-cv-08740; 1:14-cv-09006 ., MOTION to Appoint TIAA-CREF to serve as lead plaintiff(s) ., MOTION to Appoint Counsel . Document filed by TIAA-CREF. (Attachments: # 1 Text of Proposed Order)(Rudman, Samuel) (Entered: 12/29/2014)
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Blank 15 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 14 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Lead Plaintiffs. MOTION to Consolidate Cases . . Document filed by ARCP Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Kim, Phillip) (Entered: 12/29/2014)
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Blank 14 Filed: 12/29/2014, Entered: None
MOTION to Appoint Counsel The Rosen Law Firm, P.A.., MOTION to Appoint Lead Plaintiffs., MOTION to Consolidate Cases . Document filed by ARCP Group. (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) (Entered: 12/29/2014)
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Blank 13 Filed: 12/29/2014, Entered: None
DECLARATION of Jeffrey S. Abraham in Support re: 11 MOTION to Appoint Charles D. Hoffman to serve as lead plaintiff(s) .. Document filed by Charles D. Hoffman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Abraham, Jeffrey) (Entered: 12/29/2014)
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Blank 12 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 11 MOTION to Appoint Charles D. Hoffman to serve as lead plaintiff(s) . . Document filed by Charles D. Hoffman. (Abraham, Jeffrey) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 11 Filed: 12/29/2014, Entered: None
MOTION to Appoint Charles D. Hoffman to serve as lead plaintiff(s) . Document filed by Charles D. Hoffman.(Abraham, Jeffrey) (Entered: 12/29/2014)
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Blank 10 Filed: 12/29/2014, Entered: None
NOTICE of Motion. Document filed by Charles D. Hoffman. (Abraham, Jeffrey) (Entered: 12/29/2014)
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Blank 9 Filed: 12/29/2014, Entered: None
DECLARATION of Geoffrey C. Jarvis in Support re: 7 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) .. Document filed by Sjunde Ap-Fonden. (Attachments: # 1 Exhibits A-D)(Jarvis, Geoffrey) (Entered: 12/29/2014)
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Blank 8 Filed: 12/29/2014, Entered: None
MEMORANDUM OF LAW in Support re: 7 MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) . . Document filed by Sjunde Ap-Fonden. (Jarvis, Geoffrey) (Entered: 12/29/2014)
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Blank 7 Filed: 12/29/2014, Entered: None
MOTION to Appoint Sjunde AP-Fonden to serve as lead plaintiff(s) . Document filed by Sjunde Ap-Fonden.(Jarvis, Geoffrey) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 6 Filed: 12/2/2014, Entered: None Court Filing
SCHEDULING ORDER: The parties are hereby ordered to appear for a status conference on Monday, January 5, 2015 at 11:00 AM. Status Conference set for 1/5/2015 at 11:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 12/2/2014) (tn) (Entered: 12/02/2014)
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Legal Document (Payment Possibly Required) 5 Filed: 11/19/2014, Entered: None
NOTICE OF APPEARANCE by Kevin Koon-Pon Chan on behalf of Kevin Patton. (Chan, Kevin) (Entered: 11/19/2014)
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Legal Document (Payment Possibly Required) 4 Filed: 11/19/2014, Entered: None Court Filing
LETTER addressed to Judge Alvin K. Hellerstein from Kevin Chan dated 11/19/14 re: Patton v. American Realty Capital Properties, Inc., et al., 14 Civ. 8671 (RMB). Document filed by Kevin Patton.(Chan, Kevin) (Entered: 11/19/2014)
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Legal Document (Payment Possibly Required) 3 Filed: 10/30/2014, Entered: None Court Filing
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (lcu) (Entered: 10/31/2014)
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Legal Document (Payment Possibly Required) 2 Filed: 10/30/2014, Entered: None
COMPLAINT against American Realty Capital Properties, Inc., Brian Block, David S. Kay, Lisa Mcalister, Nicholas S. Schorsch. (Filing Fee $ 350.00, Receipt Number 465401108553)Document filed by Perry Ciraulu.(lcu) (Entered: 10/31/2014)
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Legal Document (Payment Possibly Required) 1 Filed: 10/30/2014, Entered: None
CIVIL COVER SHEET filed. (lcu) (Entered: 10/31/2014)
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