United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:15-cv GAO

Transcription

1 US District Court Civil Docket as of August 3, 2016 Retrieved from the court on August 3, 2016 United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:15-cv GAO Cody et al. v. ConforMIS, Inc. et al Assigned to: Judge George A. OToole, Jr Cause: 12:22 Securities Fraud Plaintiff William M. Cody individually and on behalf of all others similarly situated Date Filed: 09/03/2015 Date Terminated: 08/03/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Jason M. Leviton Block & Leviton LLP 155 Federal Street Suite 1303 Boston, MA Fax: Jeremy A. Lieberman Pomerantz LLP 600 Third Avenue 20th Floor New York, NY Fax: Patrick V. Dahlstrom Pomerantz LLP 10 South LaSalle, Suite 3505 Chicago, IL (312)

2 Plaintiff Thomas S. Nelson individually and on behalf of all others similarly situated represented by Jason M. Leviton Jeremy A. Lieberman Patrick V. Dahlstrom Plaintiff James Schaefer individually and on behalf of all others similarly situated represented by Jason M. Leviton Jeremy A. Lieberman Patrick V. Dahlstrom V. Defendant ConforMIS, Inc. represented by Michael G. Bongiorno Wilmer Cutler Pickering Hale and Dorr LLP 7 World Trade Center New York, NY Fax: michael.bongiorno@wilmerhale.com

3 Beth E. Bookwalter Wilmer Hale LLP 60 State Street Boston, MA Fax: Gregory D. Chisholm Wilmer Cutler Pickering Hale and Dorr LLP (Bos) 60 State Street Boston, MA Peter J. Kolovos Wilmer Hale LLP 60 State Street Boston, MA Fax: Stephen Nicholas Provazza Wilmer Hale LLP 60 State Street Boston, MA Defendant Philipp Lang represented by Michael G. Bongiorno Beth E. Bookwalter Gregory D. Chisholm

4 Peter J. Kolovos Stephen Nicholas Provazza Defendant Paul Weiner represented by Michael G. Bongiorno Beth E. Bookwalter Gregory D. Chisholm Peter J. Kolovos Stephen Nicholas Provazza Movant Phillip Vironda Movant ConforMIS Investors Group represented by Shannon L. Hopkins Levi Korsinsky LLP 733 Summer Street Suite 304 Stamford, CT Fax: represented by J. Alexander Hood Pomerantz LLP 600 Third Avenue 20th Floor New York, NY 10016

5 (212) Jason M. Leviton Jeremy A. Lieberman Murielle J. Steven Walsh Pomerantz LLP 600 Third Avenue 20th Floor New York, NY (212) Date Filed # Docket Text 09/03/ COMPLAINT against All Defendants Filing fee: $ 400, receipt number (Fee Status: Filing Fee paid), filed by Henry J. Klein. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet)(Leviton, Jason) (Entered: 09/03/2015) 09/04/ ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr 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 Donald L. Cabell. (Halley, Taylor) (Entered: 09/04/2015) 09/04/ Summons Issued as to All Defendants. 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. (Coppola, Katelyn) (Entered: 09/04/2015) 10/23/ NOTICE of Appearance by Michael G. Bongiorno on behalf of ConforMIS, Inc., Philipp Lang, Paul Weiner (Bongiorno, Michael) (Entered: 10/23/2015) 10/23/ NOTICE of Appearance by Gregory D. Chisholm on behalf of ConforMIS, Inc., Philipp Lang, Paul Weiner (Chisholm, Gregory) (Entered: 10/23/2015) 10/23/ STIPULATION and Joint Motion to Extend Time by ConforMIS, Inc., Philipp Lang, Paul

6 Weiner. (Attachments: # 1 Text of Proposed Order Proposed Order)(Chisholm, Gregory) (Entered: 10/23/2015) 10/23/ CORPORATE DISCLOSURE STATEMENT by ConforMIS, Inc.. (Chisholm, Gregory) (Entered: 10/23/2015) 11/02/ MOTION to Appoint Counsel by Phillip Vironda. (Attachments: # 1 Text of Proposed Order)(Hopkins, Shannon) (Entered: 11/02/2015) 11/02/ MEMORANDUM in Support re 8 MOTION to Appoint Counsel filed by Phillip Vironda. (Hopkins, Shannon) (Entered: 11/02/2015) 11/02/ AFFIDAVIT of Shannon Hopkins in Support re 8 MOTION to Appoint Counsel filed by Phillip Vironda. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Hopkins, Shannon) (Entered: 11/02/2015) 11/02/ MOTION to Appoint Counsel by ConforMIS Investors Group. (Attachments: # 1 Text of Proposed Order)(Leviton, Jason) (Entered: 11/02/2015) 11/02/ MEMORANDUM in Support re 11 MOTION to Appoint Counsel filed by ConforMIS Investors Group. (Leviton, Jason) (Entered: 11/02/2015) 11/02/ AFFIDAVIT in Support re 11 MOTION to Appoint Counsel, 12 Memorandum in Support of Motion the ConforMIS Investors Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Leviton, Jason) (Entered: 11/02/2015) 11/10/ Judge George A. OToole, Jr: ORDER entered. re 6 Stipulation filed by Paul Weiner, Philipp Lang, ConforMIS, Inc. (Lyness, Paul) (Entered: 11/10/2015) 11/10/ Judge George A. OToole, Jr: ORDER entered granting 11 Motion to Appoint Counsel Appointed William M. Cody, Thomas S. Nelson, and James Schaefer (Lyness, Paul) (Entered: 11/10/2015) 11/10/ Judge George A. OToole, Jr: ELECTRONIC ORDER entered denying 8 Motion of Phillip A. Vironda for Appointment as Lead Plaintiff and Approval of His Selection of Counsel. In light of this Court's appointment of a lead plaintiff, this motion is denied. (Lyness, Paul) (Entered: 11/10/2015) 11/13/ NOTICE of Appearance by Stephen Nicholas Provazza on behalf of ConforMIS, Inc., Philipp Lang, Paul Weiner (Provazza, Stephen) (Entered: 11/13/2015) 11/16/ MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy A. Lieberman Filing fee: $ 100, receipt number by ConforMIS Investors Group. (Attachments: # 1 Certification of Jeremy A. Lieberman)(Leviton, Jason) (Entered: 11/16/2015) 11/17/ Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 18 Motion for Leave to Appear Pro Hac Vice Added Jeremy A. Lieberman. 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 Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lyness, Paul) (Entered: 11/17/2015) 11/18/ MOTION for Leave to Appear Pro Hac Vice for admission of J. Alexander Hood Filing fee: $ 100, receipt number by ConforMIS Investors Group. (Attachments:

7 # 1 Certification of J. Alexander Hood)(Leviton, Jason) (Entered: 11/18/2015) 11/19/ Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 20 Motion for Leave to Appear Pro Hac Vice Added J. Alexander Hood. 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 Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lyness, Paul) (Entered: 11/19/2015) 01/08/ MOTION for Leave to Appear Pro Hac Vice for admission of Murielle J. Steven Walsh Filing fee: $ 100, receipt number by ConforMIS Investors Group. (Attachments: # 1 Cetification of Murielle J. Steven Walsh)(Leviton, Jason) (Entered: 01/08/2016) 01/11/ AMENDED COMPLAINT against Paul Weiner, ConforMIS, Inc., Philipp Lang, filed by ConforMIS Investors Group.(Lieberman, Jeremy) (Entered: 01/11/2016) 01/25/ Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 22 Motion for Leave to Appear Pro Hac Vice Added Murielle J. Steven Walsh. 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 Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lyness, Paul) (Entered: 01/25/2016) 03/04/ MOTION for Extension of Time to March 18, 2016 to File Defendants' forthcoming motion to dismiss the pending complaint, MOTION for Leave to File Excess Pages ( Responses due by 3/18/2016) by ConforMIS, Inc., Philipp Lang, Paul Weiner.(Provazza, Stephen) (Entered: 03/04/2016) 03/07/ Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 25 Motion for Extension of Time; granting 25 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. (Halley, Taylor) (Entered: 03/07/2016) 03/07/ Reset Deadlines: Defendants' Motion to Dismiss the Amended Complaint due on or before March 18, 2016, Plaintiffs' Opposition to Defendants' Motion to Dismiss the Amended Complaint due on or before April 15, 2016, Defendants' Reply in Further Support of Defendants' Motion to Dismiss the Amended Complaint due on or before May 20, (Halley, Taylor) (Entered: 03/07/2016) 03/18/ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ConforMIS, Inc., Philipp Lang, Paul Weiner.(Provazza, Stephen) (Entered: 03/18/2016) 03/18/ MEMORANDUM in Support re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ConforMIS, Inc., Philipp Lang, Paul Weiner. (Attachments: # 1 Affidavit Declaration of Stephen N. Provazza, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D)(Provazza, Stephen) (Entered: 03/18/2016) 03/31/ NOTICE of Appearance by Beth E. Bookwalter on behalf of ConforMIS, Inc., Philipp Lang, Paul Weiner (Bookwalter, Beth) (Entered: 03/31/2016) 03/31/ NOTICE of Appearance by Peter J. Kolovos on behalf of ConforMIS, Inc., Philipp Lang,

8 Paul Weiner (Kolovos, Peter) (Entered: 03/31/2016) 03/31/ NOTICE of Withdrawal of Appearance by Stephen Nicholas Provazza (Withdrawal of Appearance of Gregory D. Chisholm) (Provazza, Stephen) (Entered: 03/31/2016) 04/15/ Opposition re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ConforMIS Investors Group. (Lieberman, Jeremy) (Entered: 04/15/2016) 05/20/ REPLY to Response to 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ConforMIS, Inc., Philipp Lang, Paul Weiner. (Provazza, Stephen) (Entered: 05/20/2016) 05/20/ DECLARATION re 34 Reply to Response to Motion by ConforMIS, Inc., Philipp Lang, Paul Weiner. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Provazza, Stephen) (Entered: 05/20/2016) 06/08/ ELECTRONIC NOTICE Setting Hearing on Motion 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 6/29/ :00 PM in Courtroom 22 before Judge George A. OToole Jr.. Please mark your calendars accordingly. (Lyness, Paul) (Entered: 06/08/2016) 06/16/ Electronic NOTICE issued requesting courtesy copies for submissions in support of and in opposition to the defendants' Motion to Dismiss the Amended Class Action Complaint. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lyness, Paul) (Entered: 06/16/2016) 06/29/ Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Motion Hearing held on 6/29/2016 re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul Weiner, Philipp Lang, ConforMIS, Inc. The Court heard arguments from the parties and took the matter under advisement. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(attorneys present: Levitton & Steven Walsh for the plaintiff; Bongiorno & Kolovos for defendants; for) (York, Steve) (Entered: 06/29/2016) 08/02/ Transcript of Motion Hearing held on June 29, 2016, before Judge George A. OToole. 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 8/23/2016. Redacted Transcript Deadline set for 9/2/2016. Release of Transcript Restriction set for 10/31/2016. (Scalfani, Deborah) (Entered: 08/02/2016) 08/02/ 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 (Scalfani, Deborah) (Entered: 08/02/2016) 08/03/ Judge George A. O'Toole, Jr: OPINION and ORDER entered granting 28 Motion to Dismiss for Failure to State a Claim (Halley, Taylor) (Entered: 08/03/2016) 08/03/ Judge George A. O'Toole, Jr: ORDER entered. ORDER DISMISSING CASE(Halley, Taylor) (Entered: 08/03/2016) 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

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