ORDER that this matter comes before the Court upon plaintiffs' 32 Motion for Voluntary Dismissal without Prejudice Pursuant to FRCP Rules 23.1(c) and 41. Accordingly, pursuant to Fed. R. Civ. P. 41(a)(l)(A)(i) and the notice requirements of Fed. R. Civ. P. 23.1(c), the Court hereby DISMISSES the matter WITHOUT PREJUDICE. Notice of dismissal is not required. This case shall be closed for administrative purposes. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 11/10/2015. (walk, ) (Entered: 11/10/2015)
NOTICE by David Pinkoski, Richard L. Salberg of Proof of Publication of Notice to Non-Party Shareholders of Their Voluntary Dismissal of Their Claims Without Prejudice (Attachments: # 1 Exhibit A)(Geiger, Jeffrey) (Entered: 11/09/2015)
ORDER that this matter comes before the Court upon plaintiffs' 44 Third Amended Plan to Provide Notice to Non-Party Shareholders of their Voluntary Dismissal of their Claims Without Prejudice. Upon due consideration, the Court APPROVES the third amended plan. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 11/2/2015. Order electronically sent to all counsel of record. (sbea, ) (Entered: 11/02/2015)
NOTICE by David Pinkoski, Richard L. Salberg of Plaintiffs' Third Amended Plan to Provide Notice to Non-Party Shareholders of Their Voluntary Dismissal of Their Claims Without Prejudice (Attachments: # 1 Exhibit A)(Geiger, Jeffrey) (Entered: 11/02/2015)
NOTICE by David Pinkoski, Richard L. Salberg of Plaintiffs' Second Amended Plan to Provide Notice to Non-Party Shareholders of Their Voluntary Dismissal of Their Claims Without Prejudice (Attachments: # 1 Exhibit A)(Geiger, Jeffrey) (Entered: 10/30/2015)
ORDER that the 40 Motion of Sarah Warren Smith, Esquire to Withdraw as Counsel of Record for the Plaintiffs, David Pinkoski and Richard Salberg, is GRANTED and Sarah Warren Smith is removed as attorney of record. Signed by District Judge John A. Gibney, Jr. on 10/22/2015. (walk, ) (Entered: 10/22/2015)
NOTICE of Plaintiffs' Amended Plan to Provide Notice to Non-Party Shareholders of Their Voluntary Dismissal of Their Claims Without Prejudice by David Pinkoski and Richard L. Salberg. (Attachments: # 1 Exhibit A). (Geiger, Jeffrey). Modified docket entry on 10/22/2015. (walk, ). (Entered: 10/22/2015)
MOTION by Sarah Warren Smith, Esquire to Withdraw as Attorney for David Pinkoski and Richard L. Salberg. (Attachments: # 1 Proposed Order). (Smith, Sarah). Modified docket entry on 10/21/2015. (walk, ). (Entered: 10/21/2015)
ORDER that this matter comes before the Court upon plaintiffs' 38 Plan to Provide Notice to Non-Party Shareholders of their Voluntary Dismissal of their Claims Without Prejudice. Upon due consideration, the Court FINDS the plan insufficient. The Court DIRECTS the plaintiffs to AMEND their plan to include placement of the notice in a publication of national circulation such as the Wall Street Journal, New York Times, or USA Today. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 10/14/2015. (walk, ) (Entered: 10/14/2015)
NOTICE by Martin Cohen, International Union of Operating Engineers Local No. 478 Pension Fund, David Pinkoski, Richard L. Salberg re 34 Order, Plaintiffs' Plan to Provide Notice to Non-Party Shareholders of Their Voluntary Dismissal of Their Claims Without Prejudice (Attachments: # 1 Exhibit A)(Royals, Rebecca) (Entered: 10/12/2015)
CERTIFICATE of Service re 36 Response to Motion, by Brian Emory Pumphrey on behalf of William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke, James S. Riepe (Pumphrey, Brian) (Entered: 10/06/2015)
AMENDED RESPONSE to Motion re: 32 MOTION to Voluntarily Dismiss Without Prejudice Pursuant to FRCP Rules 23.1(C) and 41 (Nominal Defendant Genworth Financial, Inc.'s Non-Opposition Response) filed by Genworth Financial, Inc.. (Attachment: # 1 Exhibit A). (Pumphrey, Brian). PLEASE NOTE: Received notification from Counsel for Defendants that document 36 is identical to document 35 and that it also includes Exhibit A. NEF regenerated. (walk, ). (Entered: 10/05/2015)
RESPONSE to Motion re 32 MOTION to Voluntarily Dismiss Without Prejudice Pursuant to FRCP Rules 23.1(C) and 41 (Nominal Defendant Genworth Financial, Inc.'s Non-Opposition Response) filed by Genworth Financial, Inc.. (Pumphrey, Brian) (Entered: 10/05/2015)
ORDER that this matter comes before the Court upon plaintiffs' 32 Motion for Voluntary Dismissal without Prejudice Pursuant to FRCP Rules 23.1(C) and 41. The Court DIRECTS the plaintiffs to create a plan to provide notice to the nonparty shareholders, and submit that plan to the Court no later than 10/12/2015. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 10/05/2015. (walk, ) (Entered: 10/05/2015)
Memorandum in Support re 32 MOTION to Voluntarily Dismiss Without Prejudice Pursuant to FRCP Rules 23.1(C) and 41 filed by David Pinkoski, Richard L. Salberg. (Geiger, Jeffrey) (Entered: 10/02/2015)
MOTION to Voluntarily Dismiss Without Prejudice Pursuant to FRCP Rules 23.1(C) and 41 by David Pinkoski, Richard L. Salberg. (Attachments: # 1 Proposed Order)(Geiger, Jeffrey) (Entered: 10/02/2015)
ORDER GRANTING 24 Motion by William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke and James S. Riepe for the Admission of Greg A. Danilow, Esquire Pro Hac Vice. Signed by District Judge John A. Gibney, Jr. on 10/01/2015. (walk, ) (Entered: 10/01/2015)
ORDER GRANTING 25 Motion by William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke and James S. Riepe for the Admission of Caroline H. Zalka, Esquire Pro Hac Vice. Signed by District Judge John A. Gibney, Jr. on 10/01/2015. (walk, ) (Entered: 10/01/2015)
TRANSCRIPT of pre-trial conference proceedings held on 09/28/2015, before Judge Hon. John A. Gibney, Jr., Court Reporter/Transcriber Gil Halasz, Telephone number 804 916-2248. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/30/2015. Redacted Transcript Deadline set for 11/30/2015. Release of Transcript Restriction set for 12/29/2015.(halasz, gil) (Entered: 09/30/2015)
ORDER that this matter comes before the Court upon the conclusion of the joint pretrial hearing. The Court has before it four derivative cases that arise from the same common nucleus of facts and assert similar claims against similar defendants: Cohen v. Mclnerney, et al. (3:15cv504); Salberg v. Mclnerney, et al. (3:15cv517); Pinkoski v. Mclnerney et al. (3:15cv463); International Union of Operating Engineers Local No. 478 Pension Fund v. Mclnerney et al. (3:15cv527). Given these similarities, the Court DIRECTS that the above-referenced cases be CONSOLIDATED for all purposes under the case name Pinkoski v. Mclnerney. et al. (3:15cv463). ALL FUTURE PLEADINGS IN THE DERIVATIVE CASES SHALL BE FILED IN Pinkoski v. Mclnerney, et al. (3:15cv463). The Court CONSOLIDATES the derivative suits with In Re Genworth (3:14cv682) for the purposes of discovery. After the Court appoints lead counsel in the derivative suits, the Court will enter an amended pretrial scheduling order. SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr on 9/30/2015. (jsmi, ) (Entered: 09/30/2015)
Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Initial Pretrial Conference held on 9/28/2015; hearing held to determine consolidation of class and derivative cases; matters consolidated for discovery; order to enter determining lead counsel for derivative plaintiffs and deadlines to file amended consolidated complaint and responses will run from that order (Court Reporter G. Halasz, OCR.)(wtuc) (Entered: 09/28/2015)
Motion to appear Pro Hac Vice by Caroline Hickey Zalka and Certification of Local Counsel Ryan David Frei Filing fee $ 75, receipt number 0422-4653211. by William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke, James S. Riepe. (Frei, Ryan) (Entered: 09/25/2015)
Motion to appear Pro Hac Vice by Greg A. Danilow and Certification of Local Counsel Ryan David Frei Filing fee $ 75, receipt number 0422-4653109. by William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke, James S. Riepe. (Frei, Ryan) (Entered: 09/25/2015)
Memorandum in Opposition re 18 MOTION to Appoint Lead Plaintiff and Approve Lead Plaintiff's Selection of Lead and Liaison Counsel, 17 MOTION to Consolidate Cases filed by David Pinkoski. (Attachments: # 1 Affidavit Declaration of Brett D. Stecker, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Affidavit Declaration of Michael I. Fistel, Jr.)(Geiger, Jeffrey) (Entered: 09/24/2015)
RESPONSE to Motion re 5 MOTION to Consolidate Cases and to Appoint Lead Plaintiffs and to Approve Lead Plaintiffs' Selection of Co-Lead and Liaison Counsel, 17 MOTION to Consolidate Cases , 18 MOTION to Appoint Lead Plaintiff and Approve Lead Plaintiff's Selection of Lead and Liaison Counsel filed by William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke, James S. Riepe. (Pumphrey, Brian) (Entered: 09/24/2015)
RESPONSE to Motion re 5 MOTION to Consolidate Cases and to Appoint Lead Plaintiffs and to Approve Lead Plaintiffs' Selection of Co-Lead and Liaison Counsel, 17 MOTION to Consolidate Cases , 18 MOTION to Appoint Lead Plaintiff and Approve Lead Plaintiff's Selection of Lead and Liaison Counsel filed by Martin Cohen. (Wilson, Robert) (Entered: 09/23/2015)
Withdrawal of Motion by Martin Cohen re 3 MOTION to Consolidate Cases and Appoint Lead Counsel and Liaison Counsel (Wilson, Robert) (Entered: 09/23/2015)
Memorandum in Support re: 17 MOTION to Consolidate Cases and 18 MOTION to Appoint Lead Plaintiff and Approve Lead Plaintiff's Selection of Lead and Liaison Counsel filed by International Union of Operating Engineers Local No. 478 Pension Fund. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Affidavit, # 9 Affidavit). (Royals, Rebecca). Modified docket entry on 09/21/2015. (walk, ). (Entered: 09/21/2015)
MOTION to Appoint Lead Plaintiff and Approve Lead Plaintiff's Selection of Lead and Liaison Counsel by International Union of Operating Engineers Local No. 478 Pension Fund. (Attachments: # 1 Proposed Order)(Royals, Rebecca) (Entered: 09/21/2015)
MOTION to Consolidate Cases by International Union of Operating Engineers Local No. 478 Pension Fund. (Attachments: # 1 Proposed Order)(Royals, Rebecca) (Entered: 09/21/2015)
NOTICE of Appearance by Ryan David Frei on behalf of William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke, James S. Riepe (Frei, Ryan) (Entered: 09/16/2015)
NOTICE of Appearance by Brian Emory Pumphrey on behalf of William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke, James S. Riepe (Pumphrey, Brian) (Entered: 09/16/2015)
NOTICE of Appearance by Elizabeth Flannagan Edwards on behalf of William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke, James S. Riepe (Edwards, Elizabeth) (Entered: 09/16/2015)
REPLY to Response to Motion re 3 MOTION to Consolidate Cases and Appoint Lead Counsel and Liaison Counsel filed by Martin Cohen. (Wilson, Robert) (Entered: 09/15/2015)
ORDER GRANTING 11 Motion by David Pinkoski for the Admission of James M. Ficaro, Esquire Pro Hac Vice. Signed by District Judge John A. Gibney, Jr. on 09/15/2015. (walk, ) (Entered: 09/15/2015)
Motion to appear Pro Hac Vice by James M. Ficaro and Certification of Local Counsel Jeffrey H. Geiger Filing fee $ 75, receipt number 0422-4636008. by David Pinkoski. (Geiger, Jeffrey) (Entered: 09/14/2015)
ORDER that this matter comes before the Court on the 5 Motion to Consolidate Related Actions and to Appoint Lead Plaintiffs and to Approve Lead Plaintiffs' Selection of Co-Lead and Liaison Counsel. The Court DIRECTS all parties to file reply briefs no later than 09/24/2015. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 09/14/2015. (walk, ) (Entered: 09/14/2015)
Memorandum in Opposition re 3 MOTION to Consolidate Cases and Appoint Lead Counsel and Liaison Counsel filed by David Pinkoski. (Attachments: # 1 Exhibit Declaration of Brett Stecker)(Geiger, Jeffrey) (Entered: 09/09/2015)
Declaration re 5 MOTION to Consolidate Cases and to Appoint Lead Plaintiffs and to Approve Lead Plaintiffs' Selection of Co-Lead and Liaison Counsel by David Pinkoski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Geiger, Jeffrey) (Entered: 09/09/2015)
Memorandum in Support re 5 MOTION to Consolidate Cases and to Appoint Lead Plaintiffs and to Approve Lead Plaintiffs' Selection of Co-Lead and Liaison Counsel filed by David Pinkoski. (Geiger, Jeffrey) (Entered: 09/09/2015)
MOTION to Consolidate Cases and to Appoint Lead Plaintiffs and to Approve Lead Plaintiffs' Selection of Co-Lead and Liaison Counsel by David Pinkoski. (Attachments: # 1 Proposed Order)(Geiger, Jeffrey) (Entered: 09/09/2015)
Memorandum in Support re: 3 MOTION to Consolidate Cases With Incorporated Motion to Appoint Lead Counsel and Liaison Counsel filed by Martin Cohen. (Attachments: # 1 Affidavit of Dustin L. Schubert, # 2 Affidavit of Robert O. Wilson). (Wilson, Robert). Modified docket entry on 09/04/2015. (walk, ). (Entered: 09/01/2015)
MOTION to Consolidate Cases With Incorporated Motion to Appoint Lead Counsel and Liaison Counsel by Martin Cohen. (Attachment: # 1 Proposed Order). (Wilson, Robert). Modified docket entry on 09/04/2015. (walk, ). (Entered: 09/01/2015)
Summonses Issued as to William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke and James S. Riepe; to be picked up by Counsel for Plaintiff. (walk, ) (Entered: 08/10/2015)
VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT filed by David Pinkoski against William H. Bolinder, G. Kent Conrad, Michael D. Frazier, Genworth Financial, Inc., Melina E. Higgins, Nancy J. Karch, Martin P. Klein, Thomas J. McInerney, Christine B. Mead, David M. Moffett, Thomas E. Moloney, James A. Parke and James S. Riepe. (Filing Fee Paid: $400.00, Receipt Number: 34683030121). (Attachments: # 1 Civil Cover Sheet, # 2 Receipt and # 3 Letter from Counsel for Plaintiff). (walk, ) (Entered: 08/10/2015)
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