U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:17-cv LMM

Transcription

1 US District Court Civil Docket as of September 18, 2017 Retrieved from the court on September 18, 2017 U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:17-cv LMM City of Sunrise General Employees' Retirement Plan v. FleetCor Technologies, Inc. et al Assigned to: Judge Leigh Martin May Cause: 15:78m(a) Securities Exchange Act Date Filed: 06/14/2017 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff City of Sunrise General Employees' Retirement Plan on behalf of itself and all others similarly situated represented by Amanda Kay Seals Bersinger Bondurant Mixson & Elmore, LLP 1201 West Peachtree Street, N.W One Atlantic Center Atlanta, GA Avi Josefson Bernstein Litowitz Berger & Grossmann, LLP 1251 Avenue of the Americas New York, NY Homer Lamar Mixson Bondurant Mixson & Elmore 1201 West Peachtree Street, N.W One Atlantic Center Atlanta, GA Julia K. Tebor Bernstein Litowitz Berger & Grossmann, LLP

2 1251 Avenue of the Americas New York, NY Katherine M Sinderson Bernstein Litowitz Berger & Grossmann, LLP High Bluff Drive Suite 300 San Diego, CA katiem@blbglaw.com PRO HAC VICE V. Defendant FleetCor Technologies, Inc. represented by Alexandra Spear Peurach King & Spalding LLP - ATL 1180 Peachtree Street, NE Atlanta, GA Fax: apeurach@kslaw.com B. Warren Pope King & Spalding, LLP-ATL 40 40th Floor 1180 Peachtree Street, NE Atlanta, GA Fax: wpope@kslaw.com Michael R. Smith King & Spalding, LLP-ATL 40 40th Floor 1180 Peachtree Street, NE Atlanta, GA Fax: mrsmith@kslaw.com

3 Defendant Ronald F. Clarke represented by Alexandra Spear Peurach B. Warren Pope Michael R. Smith Defendant Eric R. Dey represented by Alexandra Spear Peurach B. Warren Pope Michael R. Smith Date Filed # Docket Text 06/14/ COMPLAINT with Jury Demand, filed by City of Sunrise General Employees' Retirement Plan; and Summon(s) issued. ( Filing fee $ receipt number 113E ) (Attachments: # 1 Exhibit -A, # 2 Civil Cover Sheet)(eop) Please visit our website at to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/15/2017) 06/14/ Electronic Summons Issued as to FleetCor Technologies, Inc.. (eop) (Entered: 06/15/2017) 06/14/ Electronic Summons Issued as to Ronald F. Clarke. (eop) (Entered: 06/15/2017) 06/14/ Electronic Summons Issued as to Eric R. Dey. (eop) (Entered: 06/15/2017) 06/19/ APPLICATION for Admission of Avi Josefson Pro Hac Vice (Application fee $ 150, receipt number 113E )by City of Sunrise General Employees' Retirement Plan. (Mixson, Homer) (Entered: 06/19/2017) 06/20/ ORDER REASSIGNING CASE. Case reassigned to Judge Leigh Martin May for all further proceedings. Judge Charles A. Pannell, Jr no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv LMM. Please

4 make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Charles A. Pannell, Jr on 6/20/2017. (tcc) (Entered: 06/20/2017) 06/20/ STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 6/20/17. (hfm) (Entered: 06/20/2017) 07/06/ NOTICE of Appearance by Michael R. Smith on behalf of Ronald F. Clarke, Eric R. Dey, FleetCor Technologies, Inc. (Smith, Michael) (Entered: 07/06/2017) 07/06/ NOTICE of Appearance by B. Warren Pope on behalf of Ronald F. Clarke, Eric R. Dey, FleetCor Technologies, Inc. (Pope, B.) (Entered: 07/06/2017) 07/06/ NOTICE of Appearance by Alexandra Spear Peurach on behalf of Ronald F. Clarke, Eric R. Dey, FleetCor Technologies, Inc. (Peurach, Alexandra) (Entered: 07/06/2017) 07/06/ Certificate of Interested Persons by Ronald F. Clarke, Eric R. Dey, FleetCor Technologies, Inc.. (Smith, Michael) (Entered: 07/06/2017) 07/06/ MOTION for Extension of Time to File Answer or Respond to Complaint by Ronald F. Clarke, Eric R. Dey, FleetCor Technologies, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Michael) (Entered: 07/06/2017) 07/06/2017 Clerks Notation re 11 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) (Entered: 07/06/2017) 07/07/2017 APPROVAL by Clerks Office re: 5 APPLICATION for Admission of Avi Josefson Pro Hac Vice (Application fee $ 150, receipt number 113E ). Attorney Avi Josefson added appearing on behalf of City of Sunrise General Employees' Retirement Plan (pmb) (Entered: 07/07/2017) 07/07/2017 ORAL ORDER granting 5 Application for Admission Pro Hac Vice as to Avi Josefson. Approved by Judge Leigh Martin May on 07/07/2017. (rvb) (Entered: 07/07/2017) 07/07/ RESPONSE in Opposition re 12 MOTION for Extension of Time to File Answer or Respond to Complaint filed by City of Sunrise General Employees' Retirement Plan. (Attachments: # 1 Exhibit A - Proposed Order Suspending Defendants' Time to Respond)(Mixson, Homer) (Entered: 07/07/2017) 07/07/ REPLY to Response to Motion re 12 MOTION for Extension of Time to File Answer or Respond to Complaint filed by Ronald F. Clarke, Eric R. Dey, FleetCor Technologies, Inc.. (Smith, Michael) (Entered: 07/07/2017) 07/07/ ORDER granting 12 Motion for Extension of Time to Answer. Fleetcor is not required to answer or file a pre-answer motion until 14 days after the Court appoints a Lead Plaintiff. However, following that appointment, any party may make a motion to extend any deadlines, considering the then-existing circumstances. Signed by Judge Leigh Martin May on 7/7/17. (jpa) (Entered: 07/10/2017) 07/17/ AFFIDAVIT of Service for Complaint For Violations Of The Federal Securities Laws, as to FleetCor Technologies, Inc.. (Bersinger, Amanda) (Entered: 07/17/2017) 07/17/ WAIVER OF SERVICE Returned Executed by City of Sunrise General Employees' Retirement Plan. Ronald F. Clarke waiver mailed on 7/10/2017, answer due 9/8/2017. (Bersinger, Amanda) (Entered: 07/17/2017)

5 07/17/ WAIVER OF SERVICE Returned Executed by City of Sunrise General Employees' Retirement Plan. Eric R. Dey waiver mailed on 7/10/2017, answer due 9/8/2017. (Bersinger, Amanda) (Entered: 07/17/2017) 08/15/ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ronald F. Clarke, Eric R. Dey, FleetCor Technologies, Inc.. (Attachments: # 1 Brief, # 2 Exhibit A Annual Report Excerpts, # 3 Exhibit B Annual Report Excerpts, # 4 Exhibit C - Chevron Action Complaint, # 5 Exhibit D - Chevron Action Notice of Nonsuit and Order, # 6 Exhibit E - Stock Price Chart)(Smith, Michael) (Entered: 08/15/2017) 08/18/ MOTION for Extension of Time to Extend Deadlines; MOTION to Appoint Lead Plaintiff; MOTION to Approve Lead Plaintiff's Selection of Counsel with Brief In Support by City of Sunrise General Employees' Retirement Plan. (Attachments: # 1 Declaration of H. Lamar Mixson, # 2 Exhibit A - BLB&G Resume, # 3 Exhibit B - Mixson Prolife, # 4 Exhibit C - Bersinger Profile, # 5 Text of Proposed Order)(Josefson, Avi). Added MOTION to Appoint Lead Plaintiff, MOTION to Appoint Lead Counsel on 8/21/2017 (hfm). (Entered: 08/18/2017) 08/21/ CERTIFICATE of Counsel Re: LOCAL RULE 23.1(C)(4)(c) CERTIFICATION by Avi Josefson on behalf of City of Sunrise General Employees' Retirement Plan (Josefson, Avi) (Entered: 08/21/2017) 08/21/ RESPONSE in Opposition re 20 MOTION for Extension of Time to Extend Deadlines; MOTION to Appoint Lead Plaintiff; MOTION to Appoint Lead Counsel filed by Ronald F. Clarke, Eric R. Dey, FleetCor Technologies, Inc.. (Attachments: # 1 Text of Proposed Order - Exhibit A, # 2 Exhibit B- Form 10-Q Excerpt)(Smith, Michael) Modified on 8/22/2017 (hfm). (Entered: 08/21/2017) 08/23/ REPLY BRIEF re 20 MOTION for Extension of Time to Extend Deadlines Appoint Lead Plaintiff, and Approve Lead Plaintiff's Selection of Counsel MOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel filed by City of Sunrise General Employees' Retirement Plan. (Attachments: # 1 Text of Proposed Order)(Mixson, Homer) (Entered: 08/23/2017) 08/24/2017 Submission of 20 MOTION for Extension of Time to Extend Deadlines Appoint Lead Plaintiff, and Approve Lead Plaintiff's Selection of Counsel MOTION to Appoint Lead Plaintiff MOTION to Appoint Lead Counsel, submitted to District Judge Leigh Martin May. (hfm) (Entered: 08/24/2017) 08/24/ APPLICATION for Admission of Katherine M. Sinderson Pro Hac Vice (Application fee $ 150, receipt number 113E )by City of Sunrise General Employees' Retirement Plan. (Mixson, Homer) (Entered: 08/24/2017) 08/25/ ORDER granting 20 Motion for Extension of Time, granting 20 Motion to Appoint Lead Plaintiff and Lead Counsel. Sunrise General Appointed as lead plaintiff, Bernstein Litowitz Berger & Grossmann LLP Appointed as lead counsel. Sunrise General shall file an amended complaint on or before October 13, In light of Sunrise General's filing of an amended complaint, Defendants' motion to dismiss 19 is denied without prejudice. Signed by Judge Leigh Martin May on 8/25/17. (hfm) (Entered: 08/25/2017)

6 09/07/2017 APPROVAL by Clerks Office re: 24 APPLICATION for Admission of Katherine M. Sinderson Pro Hac Vice (Application fee $ 150, receipt number 113E ). Attorney Katherine M Sinderson added appearing on behalf of City of Sunrise General Employees' Retirement Plan (mmc) (Entered: 09/07/2017) 09/07/2017 ORAL ORDER granting 24 Application for Admission Pro Hac Vice as to Katherine M. Sinderson. Approved by Judge Leigh Martin May on 09/07/2017. (rvb) (Entered: 09/07/2017) 09/13/ APPLICATION for Admission of Julia K. Tebor Pro Hac Vice (Application fee $ 150, receipt number 113E )by City of Sunrise General Employees' Retirement Plan. (Mixson, Homer) (Entered: 09/13/2017) 09/15/2017 APPROVAL by Clerks Office re: 26 APPLICATION for Admission of Julia K. Tebor Pro Hac Vice (Application fee $ 150, receipt number 113E ). Attorney Julia K. Tebor added appearing on behalf of City of Sunrise General Employees' Retirement Plan (pmb) (Entered: 09/15/2017) 09/18/2017 ORAL ORDER granting 26 Application for Admission Pro Hac Vice as to Julia K. Tebor. Approved by Judge Leigh Martin May on 09/18/2017. (rvb) (Entered: 09/18/2017) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at