NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
Transcript of Motion Hearing held on December 17, 2018, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Rachel Lopez at raeufp@gmail.com Redaction Request due 3/14/2019. Redacted Transcript Deadline set for 3/25/2019. Release of Transcript Restriction set for 5/22/2019. (Scalfani, Deborah)
District Judge Leo T. Sorokin: ORDER entered. JUDGMENT is entered in favor of Defendants and against the Plaintiff on all claims, with each side to bear its own fees and costs. (Montes, Mariliz)
District Judge Leo T. Sorokin: ORDER entered. The 44 46 Motions to Dismiss are ALLOWED. The Clerk shall enter judgment in favor of Defendants and against Plaintiff on all claims, pursuant to this Order, with each side to bear its own fees and costs. (Montes, Mariliz)
Published at
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Filed: 12/17/2018, Entered: 12/17/2018
Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 12/17/2018; The court hears counsel on the motion to dismiss. Counsel discuss issue regarding the IPO and the private equity firm. The court takes the matter under advisement. re 44 MOTION to Dismiss the Amended Complaint filed by 6CBC7D9, 9E7841F, E3D9E96, D2C74ED, J. Jill, Inc., F35EF91, 72F2C4A, 524BB09, D0BFA97, Towerbrook Capital Partners L.P., 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint filed by Jefferies LLC, Morgan Stanley & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria)
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Filed: 12/17/2018, Entered: 12/17/2018
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 65 Motion for Leave to Appear Pro Hac Vice Added David A. Rosenfeld. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz)
MOTION for Leave to Appear Pro Hac Vice for admission of David A. Rosenfeld Filing fee: $ 100, receipt number 0101-7453623 by Oregon Laborers Employers Pension Trust. (Attachments: # 1 Certification of Good Standing)(Hess-Mahan, Theodore)
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 63 Motion for Leave to Appear Pro Hac Vice Added Erin W. Boardman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz)
MOTION for Leave to Appear Pro Hac Vice for admission of Erin W. Boardman Filing fee: $ 100, receipt number 0101-7427159 by Oregon Laborers Employers Pension Trust. (Attachments: # 1 Certification of Good Standing)(Hess-Mahan, Theodore)
ELECTRONIC NOTICE Resetting Hearing on Motion 44 MOTION to Dismiss the Amended Complaint, 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint : Motion Hearing set for 12/17/2018 10:30 AM in Courtroom 13 before District Judge Leo T. Sorokin. (Simeone, Maria)
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Filed: 11/14/2018, Entered: 11/14/2018
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 60 Motion to Continue Hearing on defendant's pending motion to dismiss the amended complaint to 12/17/18 at 10:30am (Simeone, Maria)
MOTION to Continue Hearing on Defendants' pending motion to dismiss the Amended Complaint (assented to) set for 11/20/18 at 10:00 a.m. [ECF 59] by E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97.(Green, Lawrence)
ELECTRONIC NOTICE Setting Hearing on Motion: A Motion Hearing on 44 MOTION to Dismiss the Amended Complaint, and 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint is set for 11/20/2018 at 10:00 AM in Courtroom 13 before District Judge Leo T. Sorokin. (Montes, Mariliz)
REPLY to Response to 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint filed by Jefferies LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Pastuszenski, Brian)
DECLARATION of Andrew G. Gordon in Support of the Reply Memorandum of Law in Further Support of the Company Defendants' Motion to Dismiss the Amended Complaint by E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P.. (Attachments: # 1 Exhibit 1)(Green, Lawrence)
REPLY to Response to 44 MOTION to Dismiss the Amended Complaint filed by E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P.. (Green, Lawrence)
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 54 Motion for Leave to Appear Pro Hac Vice Added Alexander J. Hogan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz)
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Alexander J. Hogan Filing fee: $ 100, receipt number 0101-7281908 by E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P..(Green, Lawrence)
MEMORANDUM in Opposition re 44 MOTION to Dismiss the Amended Complaint, 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint Lead Plaintiff's Omnibus Memorandum of Law in Opposition to Defendants' Motions to Dismiss filed by Oregon Laborers Employers Pension Trust. (Millkey, Mark)
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 49 Motion for Leave to Appear Pro Hac Vice Added Mark T. Millkey. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz)
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 50 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Simeone, Maria)
MOTION for Leave to File Excess Pages LEAD PLAINTIFFS UNOPPOSED MOTION FOR LEAVE OF COURT TO FILE OMNIBUS MEMORANDUM OF LAW OF NO MORE THAN 45 PAGES by Oregon Laborers Employers Pension Trust.(Hess-Mahan, Theodore)
MOTION for Leave to Appear Pro Hac Vice for admission of Mark T. Millkey Filing fee: $ 100, receipt number 0101-7217957 by Oregon Laborers Employers Pension Trust. (Attachments: # 1 Affidavit Certification of Good Standing)(Hess-Mahan, Theodore)
DECLARATION re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint of Ezekiel L. Hill by Jefferies LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Attachments: # 1 Exhibit A)(Hill, Ezekiel)
MEMORANDUM in Support re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint filed by Jefferies LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Pastuszenski, Brian)
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint by Jefferies LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC.(Pastuszenski, Brian)
MEMORANDUM in Support re 44 MOTION to Dismiss the Amended Complaint filed by E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Flumenbaum, Martin)
MOTION to Dismiss the Amended Complaint by E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P.. (Attachments: # 1 Declaration of Andrew G. Gordon in Support of Company Defendants' Motion to Dismiss the Amended Complaint)(Flumenbaum, Martin)
STIPULATION of Dismissal of Deutsche Bank Securities Inc., RBC Capital Markets, LLC, UBS Securities LLC, Wells Fargo Securities, LLC, Cowen and Company, LLC, Macquarie Capital (USA) Inc., and SunTrust Robinson Humphrey, Inc. Without Prejudice by Jefferies LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC. (Pastuszenski, Brian)
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 41 Assented-To Motion for Leave of Court to Exceed Page Limit ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Montes, Mariliz)
Assented to MOTION for Leave to File Excess Pages by E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P..(Green, Lawrence)
AMENDED COMPLAINT FOR VIOLATIONS OF THE SECURITIES ACT OF 1933 against All Defendants, filed by Oregon Laborers Employers Pension Trust.(Hess-Mahan, Theodore)
Set Deadlines: Amended Complaint due by 3/9/2018; Answer/Motion to Dismiss due by 5/14/2018,opposition due by 7/17/2018, reply due by 9/4/2018. (Montes, Mariliz)
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 36 Joint Motion for Entry of a Stipulation to Modify Schedule for the Filing of Consolidated Amended Complaint and Briefing on Motion to Dismiss. Lead Plaintiff's consolidated and/or amended complaint due by 3/9/2018; Defendants' answer or responsive pleading due by 5/14/2018; Lead Plaintiff's opposition to motion to dismiss due by 7/17/2018; Defendants' reply to motion to dismiss due by 9/4/2018. (Montes, Mariliz)
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Oregon Laborers Employers Pension Trust ("The Pension Trust" re 36 Joint MOTION for Extension of Time to 3/9/2018 to File Consolidated Amended Complaint and Briefing on Motion to Dismiss . (Hess-Mahan, Theodore)
Joint MOTION for Extension of Time to 3/9/2018 to File Consolidated Amended Complaint and Briefing on Motion to Dismiss by Oregon Laborers Employers Pension Trust ("The Pension Trust".(Hess-Mahan, Theodore)
District Judge Leo T. Sorokin: ELECTRONIC ORDER ON MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF COUNSEL (DOC. NOS. 20 AND 23) entered. In light of Wangs subsequent Notice of Non-Opposition to the Pension Trusts motion (Doc. No. 34) and her acknowledgment that she is not the most adequate plaintiff in this matter under the procedures set forth in the Private Securities Litigation Reform Act of 1995, the Court DENIES Wangs motion (Doc. No. 20) and ALLOWS the Pension Trusts motion (Doc. No. 23) with respect to appointment as lead plaintiff and approval of selection of counsel.under the procedures set forth in the Private Securities Litigation Reform Act of 1995, the Court 20 Motion to Appoint Counsel. 23 Motion to Consolidate Cases; 23 Motion to Appoint Counsel. (Simeone, Maria)
MEMORANDUM in Opposition re 20 MOTION to Appoint Counsel OREGON LABORERS EMPLOYERS PENSION TRUST FUNDS MEMORANDUM OF LAW IN OPPOSITION TO JUN WANGS MOTION FOR APPOINTMENT AS LEAD PLAINTIFF filed by Oregon Laborers Employers Pension Trust Fund. (Hess-Mahan, Theodore)
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered The Order allowing the appointment of lead counsel entered on December 18, 2017 (CM/ECF No. 28) is VACATED. The Court will resolve the competing motions for appointment of lead counsel after it receives oppositions. The 30 Motion for Clarification is ALLOWED as set forth herein. (Montes, Mariliz)
MEMORANDUM in Support re 30 MOTION for Clarification re 28 Order on Motion to Appoint Counsel,,,,,, Order on Motion to Consolidate Cases,,,,, MOTION for Reconsideration re 28 Order on Motion to Appoint Counsel,,,,,, Order on Motion to Consolidate Cases,,,,, filed by Oregon Laborers Employers Pension Trust Fund. (Hess-Mahan, Theodore)
MOTION for Clarification re 28 Order on Motion to Appoint Counsel,,,,,, Order on Motion to Consolidate Cases,,,,, , MOTION for Reconsideration re 28 Order on Motion to Appoint Counsel,,,,,, Order on Motion to Consolidate Cases,,,,, ( Responses due by 1/3/2018) by Oregon Laborers Employers Pension Trust Fund. (Attachments: # 1 Text of Proposed Order)(Hess-Mahan, Theodore)
Set Deadlines in accordance with 8 joint stipulation : amended complaint or the designation of an operative complaint by 2/16/2018. Answer/Motions by 4/17/2018. oppositions to any motions filed by 6/18/2018. Replies due by 8/2/2018. (Simeone, Maria)
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered.The three motions for consolidation (CM/ECF 18 20 23 ) in the Jill Cases are ALLOWED. The Motions to Appoint Lead Counsel are ALLOWED. granting 18 Motions to Appoint Counsel. Appointed Lionel Z. Glancy and Robert V. Prongay of Glanzy Prongay & Murray LLP; granting (23) Motion to Consolidate Cases; granting (23) Motion to Appoint Counsel. Appointed Lionel Z. Glancy and Robert V. Prongay of Glanzy Prongay & Murray LLP in case 1:17-cv-11980-LTS; granting (18) Motion to Appoint Counsel. Appointed Lionel Z. Glancy and Robert V. Prongay of Glanzy Prongay & Murray LLP in case 1:17-cv-12098-LTS Associated Cases: 1:17-cv-11980-LTS, 1:17-cv-12098-LTS(Montes, Mariliz)
NOTICE by E3D9E96, D2C74ED, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P. Related to Motions for Appointment of Lead Plaintiff, Lead Counsel and Consolidation (Green, Lawrence)
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Defendants shall file a notice with the Court by close of business December 15, 2017, stating whether they intend (a) assent to, (b) take no position on or (c) intend to file a response to either the motions to consolidate or the motions to appoint counsel filed in this action and the two actions plaintiffs seek consolidated with this action. re 20 MOTION to Appoint Counsel filed by 93C7C01 20 MOTION to Appoint Counsel , 23 MOTION to Consolidate Cases .( Responses due by 12/15/2017)(Simeone, Maria)
AFFIDAVIT of Theodore M. Hess-Mahan, Esq. in Support re 23 MOTION to Consolidate Cases MOTION to Appoint Counsel MOTION FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL filed by Oregon Laborers Employers Pension Trust Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hess-Mahan, Theodore)
MEMORANDUM in Support re 23 MOTION to Consolidate Cases MOTION to Appoint Counsel MOTION FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL filed by Oregon Laborers Employers Pension Trust Fund. (Hess-Mahan, Theodore)
MOTION to Consolidate Cases , MOTION to Appoint Counsel MOTION FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL ( Responses due by 12/26/2017) by Oregon Laborers Employers Pension Trust Fund. (Attachments: # 1 Text of Proposed Order)(Hess-Mahan, Theodore) Modified on 1/2/2018 (Simeone, Maria).
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 17 18 Motions for Leave to Appear Pro Hac Vice Added Martin Flumenbaum and Andrew G. Gordon. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; (Montes, Mariliz)
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Andrew Gordon Filing fee: $ 100, receipt number 0101-6918258 by E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P..(Green, Lawrence)
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Martin Flumenbaum Filing fee: $ 100, receipt number 0101-6918230 by E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P..(Green, Lawrence)
NOTICE of Appearance by Ezekiel Hill on behalf of Jefferies LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC (Hill, Ezekiel)
NOTICE of Appearance by Inez H. Friedman-Boyce on behalf of Jefferies LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC (Friedman-Boyce, Inez)
NOTICE of Appearance by Brian E. Pastuszenski on behalf of Jefferies LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC (Pastuszenski, Brian)
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 8 Joint Motion for Entry of a Stipulation Waiving Service of Process and Extending Time to Respond to Complaint (Montes, Mariliz)
Joint MOTION for Extension of Time to File Answer re 1 Complaint, and for Entry of a Stipulation Waiving Service of Process by E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P..(Green, Lawrence)
NOTICE of Appearance by Lawrence G. Green on behalf of E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P. (Green, Lawrence)
Summons Issued as to E3D9E96, D2C74ED, F35EF91, 524BB09, J. Jill, Inc., Jefferies LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC, 6CBC7D9, 9E7841F, 72F2C4A, D0BFA97, Towerbrook Capital Partners L.P.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde)
ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Coppola, Katelyn)
COMPLAINT FOR VIOLATIONS OF THE SECURITIES ACT OF 1933 against All Defendants Filing fee: $ 400, receipt number 0101-6838655 (Fee Status: Filing Fee paid), filed by EF89723. (Attachments: # 1 PSLRA Certification, # 2 Civil Cover Sheet, # 3 Category Form)(Hess-Mahan, Theodore) (Attachment 3 replaced on 10/13/2017 for correct PDF format ) (Geraldino-Karasek, Clarilde).
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