U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:17-cv HRH

Transcription

1 US District Court Civil Docket as of September 13, 2017 Retrieved from the court on September 13, 2017 U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:17-cv HRH Schoenfeld v. Inventure Foods Incorporated et al Assigned to: Judge H Russel Holland Cause: 15:78m(a) Securities Exchange Act Plaintiff Glenn Schoenfeld Individually and On Behalf of All Others Similarly Situated Date Filed: 03/27/2017 Date Terminated: 09/13/2017 Jury Demand: Plaintiff Nature of Suit: 850 Other Statutes: Securities/Commodities Jurisdiction: Federal Question represented by Charles H Linehan Glancy Prongay & Murray LLP 1925 Century Park E, Ste Los Angeles, CA Fax: CLinehan@glancylaw.com Lesley F Portnoy Glancy Prongay & Murray LLP 1925 Century Park E, Ste Los Angeles, CA Fax: lportnoy@glancylaw.com Lionel Zevi Glancy Glancy Prongay & Murray LLP 1925 Century Park E, Ste Los Angeles, CA Fax: info@glancylaw.com Richard Glenn Himelrick Tiffany & Bosco PA

2 Camelback Esplanade II 2525 E Camelback Rd., 7th Fl. Phoenix, AZ Fax: rgh@tblaw.com Robert V Prongay Glancy Prongay & Murray LLP 1925 Century Park E, Ste Los Angeles, CA Fax: rprongay@glancylaw.com Plaintiff Claudio Mantovani represented by Adam M Apton Levi & Korsinsky LLP - Washington, DC th St. NW, Ste. 115 Washington, DC Fax: aapton@zlk.com Marcus Austin Kelley Goldman & Zwillinger PLLC N 85th St., Ste. 175 Scottsdale, AZ Fax: mkelley@gzlawoffice.com Nicholas Porritt Levi & Korsinsky LLP - Washington, DC th St. NW, Ste. 115 Washington, DC Fax: nporritt@zlk.com

3 Scott H Zwillinger Goldman & Zwillinger PLLC N 85th St., Ste. 175 Scottsdale, AZ Fax: szwillinger@gzlawoffice.com Plaintiff Robert W Richards represented by Adam M Apton Marcus Austin Kelley Nicholas Porritt Scott H Zwillinger Plaintiff Aaron Mendenhall represented by Jennifer Lynn Kroll Martin & Bonnett PLLC 4647 N 32nd St., Ste. 185 Phoenix, AZ Fax: jkroll@martinbonnett.com Susan Joan Martin Martin & Bonnett PLLC 4647 N 32nd St., Ste. 185 Phoenix, AZ Fax: smartin@martinbonnett.com

4 V. Consol Plaintiff John Robinson Individually and On Behalf of All Others Similarly Situated represented by Hui M Chang Pomerantz LLP 600 3rd Ave., 20th Fl. New York, NY Fax: J Alexander Hood, II Pomerantz LLP 600 3rd Ave., 20th Fl. New York, NY Fax: ahood@pomlaw.com Jennifer Lynn Kroll Jeremy A Lieberman Pomerantz LLP 600 3rd Ave., 20th Fl. New York, NY Fax: jalieberman@pomlaw.com Patrick V Dahlstrom Pomerantz LLP - Chicago, IL 10 S LaSalle St., Ste Chicago, IL Fax: pdahlstrom@pomlaw.com

5 Susan Joan Martin V. Defendant Inventure Foods Incorporated represented by Cole Jacob Schlabach DLA Piper LLP (US) - Phoenix, AZ 2525 E Camelback Rd., Ste Phoenix, AZ cole.schlabach@dlapiper.com Laura Elizabeth Sixkiller DLA Piper LLP (US) - Phoenix, AZ 2525 E Camelback Rd., Ste Phoenix, AZ Fax: laura.sixkiller@dlapiper.com Defendant Terry McDaniel represented by Cole Jacob Schlabach Laura Elizabeth Sixkiller Defendant Steve Weinberger represented by Cole Jacob Schlabach Laura Elizabeth Sixkiller Consol Claimant

6 Aaron Mendenhall Movant represented by Jennifer Lynn Kroll Susan Joan Martin Date Filed # Docket Text 03/27/ COMPLAINT. Filing fee received: $ , receipt number filed by Glenn Schoenfeld. (submitted by Richard Himelrick) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(REW) (Entered: 03/28/2017) 03/27/ SUMMONS Submitted by Glenn Schoenfeld. (submitted by Richard Himelrick) (Attachments: # 1 Summons, # 2 Summons)(REW) (Entered: 03/28/2017) 03/27/ Filing fee paid, receipt number This case has been assigned to the Honorable H Russel Holland. All future pleadings or documents should bear the correct case number: CV PHX-HRH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REW) (Entered: 03/28/2017) 03/28/ Summons Issued as to Inventure Foods Incorporated, Terry McDaniel, Steve Weinberger. (Attachments: # 1 Summons, # 2 Summons)(REW). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 03/28/2017) 04/10/2017 Remark: Pro hac vice motion granted for Lionel Z Glancy on behalf of Glenn Schoenfeld. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/10/2017) 04/13/2017 Remark: Pro hac vice motions granted for Charles H Linehan and Lesley F Portnoy on behalf of plaintiff Glenn Schoenfeld. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/13/2017) 04/18/2017 Remark: Pro hac vice motion granted for Robert V Prongay on behalf of Glenn Schoenfeld. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/18/2017) 05/05/ STIPULATION by Glenn Schoenfeld. (Attachments: # 1 Text of Proposed Order)(Himelrick, Richard) (Entered: 05/05/2017) 05/08/ NOTICE of Appearance by Laura Elizabeth Sixkiller on behalf of Inventure Foods Incorporated, Terry McDaniel, Steve Weinberger. (Sixkiller, Laura) (Entered: 05/08/2017) 05/09/ ORDER re BRIEFING SCHEDULE pursuant to the parties' 5 Stipulation. Lead Plaintiff shall file an Amended Complaint within 60 days after entry of the order appointing the Lead Plaintiff and approval of Lead Counsel. See document for details. Signed by Judge H Russel Holland on 5/9/2017. (ATD) (Entered: 05/09/2017)

7 05/23/ Corporate Disclosure Statement by Inventure Foods Incorporated, Terry McDaniel, Steve Weinberger. (Sixkiller, Laura) (Entered: 05/23/2017) 05/30/ *NOTICE of Appearance by Scott H Zwillinger on behalf of Movants Claudio Mantovani and Robert W Richards. (Zwillinger, Scott) *Modified to correct parties on 5/31/2017 (EJA). (Entered: 05/30/2017) 05/30/ *MEMORANDUM of Points and Authorities in Support of Oral Arguments Requested by Movants Claudio Mantovani and Robert W Richards. (Zwillinger, Scott) *Modified to correct filers on 5/31/2017 (EJA). (Entered: 05/30/2017) 05/30/ *NOTICE of Errata RE 9 NOTICE OF APPEARANCE OF COUNSEL by Movants Claudio Mantovini and Robert W Richards (Zwillinger, Scott) *Modified to add linkage and to correct parties on 5/31/2017 (EJA). (Entered: 05/30/2017) 05/30/ *MOTION to Appoint Counsel, LEAD AND LEAD PLAINTIFF by Claudio Mantovani and Robert W Richards. (Attachments: # 1 Proposed Order)(Zwillinger, Scott). *Modified to correct filers on 5/31/17. (EJA) (Entered: 05/30/2017) 05/30/ *DECLARATION of Scott Zwillinger re: 12 MOTION to Appoint Counsel, LEAD AND LEAD PLAINTIFF by Movants Claudio Mantovani and Robert W Richards. (Zwillinger, Scott) *Modified to correct filers on 5/31/2017 (EJA). (Entered: 05/30/2017) 05/30/ MOTION to Consolidate Cases and for Appointment as Lead Plaintiff and Approval of Counsel by Aaron Mendenhall. (Attachments: # 1 Declaration of Jeremy A. Lieberman and Exhibits A-E, # 2 Text of Proposed Order) (Associated Cases: 2:17- cv phx-hrh,2:17-cv phx-dlr) (Kroll, Jennifer) (Entered: 05/30/2017) 05/31/ *Notice of Service filed by Claudio Mantovani, Robert W Richards: Certificate of Service re: Notice of Appearance; Motion to consolidate Cases and for Appointment as Lead Plaintiff and Approval of Counsel; Declaration of Scott Zwillinger re Motion to Appoint Counsel, Lead and Lead Plaintiff by Claudio Mantovani and Robert W. Richards; and the Proposed Order. Electronically filed upon Registrants on 5/30/2017. (Zwillinger, Scott) *Modified to correct event type on 6/1/2017 (EJA). (Entered: 05/31/2017) 06/01/ ORDER FROM CHAMBERS: Proposed lead plaintiffs Claudio Mantovani and Robert W. Richards and proposed lead plaintiff Aaron Mendenhall have each filed combined motions to consolidate and for appointment as lead plaintiff(s) and approval of counsel. The motions to consolidate and for appointment as lead plaintiff address substantially different matters and should not have been combined in a single motion. In the future, counsel will please address unrelated matters in separate motions; and responding parties will please address the consolidation and appointment matters in separate responses. (EJA) (Entered: 06/01/2017) 06/13/ *Response to Motion re: 14 MOTION to Consolidate Cases and for Appointment as Lead Plaintiff and Approval of Counsel by Aaron Mendenhall. (Kroll, Jennifer) *Modified to correct event type on 6/14/2017 (EJA). (Entered: 06/13/2017) 06/13/ RESPONSE in Opposition re: 14 MOTION to Consolidate Cases and for Appointment as Lead Plaintiff and Approval of Counsel OPPOSITION TO THE

8 COMPETING MOTION FOR APPOINTMENT AS LEAD PLAINTIFF filed by Claudio Mantovani, Robert W Richards. (Kelley, Marcus) (Entered: 06/13/2017) 06/23/ ORDER granting 14 Motion to Consolidate Cases cases. The clerk will please file this order in both of the above cases. Hereafter, Schoenfeld shall be the lead case. With the exception of this order, there shall be no further filings in Robinson v. Inventure Foods Incorporated, No. 2:17-cv-01258, and all filings made after the date of this order shall bear the consolidated case caption. The court will take up pending motions for appointment of lead counsel on or after June 26, Signed by Judge H Russel Holland on 6/23/2017. (Associated Cases: 2:17-cv HRH, 2:17-cv DLR) (ATD) (Entered: 06/23/2017) 06/27/ * ORDER re: Appointment of Lead Plaintiff and Selection of Lead Counsel. The Montovani/Richards' motion for appointment of lead plaintiff and selection of counsel being unopposed by Mendenhall or any other named party, and in light of the nature of these consolidated proceedings, an appointment of lead plaintiff and selection of counsel is appropriate. Having considered the declaration of Scott H. Zwiillinger and the provisions of Section 21D(a)(3) (B) of the PSLRA, 15 U.S.C. 78u-4(a)(3)(B), the court hereby determines that Montovani/Richards are the most adequate plaintiffs and satisfy the requirements of the PSLRA. The court hereby appoints Montovani/Richards as Lead Plaintiffs to represent the interests of the class. Pursuant to Section 21D(a)(3)(B)(v) of the PSLRA, 15 U.S.C. 78u-4(a)(3)(B)(v), Montovani/Richards have selected and retained the law firms of Levi & Korsinsky, LLP, to serve as Lead Counsel. The court approves Montovani/Richards' selection of Lead Counsel. See document for details. Signed by * Modified to correct typo on 6/27/2017 (LAD). (Entered: 06/27/2017) 08/28/ STIPULATION of Dismissal WITH PREJUDICE by Inventure Foods Incorporated, Terry McDaniel, Steve Weinberger. (Attachments: # 1 Text of Proposed Order Order)(Sixkiller, Laura) (Entered: 08/28/2017) 08/31/ ORDER - Plaintiffs' counsel and counsel for defendants will please confer and, on or before September 12, 2017, inform the court as to the status of the class action complaints which began this action and were consolidated. Signed by Judge H Russel Holland on 8/31/2017. (ATD) (Entered: 08/31/2017) 09/12/ STATUS REPORT by Inventure Foods Incorporated, Terry McDaniel, Steve Weinberger. (Schlabach, Cole) (Entered: 09/12/2017) 09/13/ ORDER approving 21 parties' stipulation of August 28, This consolidated case is dismissed with prejudice as to lead plaintiffs Mantovani and Richards, but without prejudice as to all class members. Signed by Judge H Russel Holland on 9/13/17. (EJA) (Entered: 09/13/2017) 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