US District Court Civil Docket as of June 7, 2016 Retrieved from the court on June 7, 2016 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:14-cv-05197-JGK In Re: LIONS GATE ENTERTAINMENT CORP. SECURITIES LITIGATION Assigned to: Judge John G. Koeltl Related Case: 1:14-cv-05477-JGK Cause: 15:78m(a) Securities Exchange Act Lead Plaintiff KBC Asset Management NV Date Filed: 07/11/2014 Date Terminated: 01/25/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Rebecca M Katz Motley Rice LLC (NY) 600 Third Avenue, 21st Floor New York, NY 10016 (212) 577-0040 Fax: (212) 577-0054 Email: rkatz@katzlawnewyork.com William H. Narwold Motley Rice LLC (CT) One Corporate Center 20 Church Street, 17th Floor Hartford, CT 06103 860-882-1676 Fax: 860-882-1682 Email: bnarwold@motleyrice.com James M. Hughes Motley Rice LLC (SC) 28 Bridgeside Boulevard P.O. Box 1792 Mount Pleasant, SC 29464 (843) 216 9000 Fax: 843 216 9440 Email: jhughes@motleyrice.com William Stephen Norton Motley Rice LLC (SC) 28 Bridgeside Boulevard
P.O. Box 1792 Mount Pleasant, SC 29464 (843) 216-9195 Fax: (843) 216-9450 Email: bnorton@motleyrice.com Plaintiff Laborers Pension Trust Fund-Detroit & Vicinity Individually and on Behalf of All Others Similarly Situated represented by David Avi Rosenfeld Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: drosenfeld@rgrdlaw.com Joseph Frank Russello Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631)367-7100 Fax: (631)367-1173 Email: jrussello@rgrdlaw.com Samuel Howard Rudman Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631) 367-7100 Fax: (631) 367-1173 Email: srudman@rgrdlaw.com V. Movant David Moxley represented by Phillip C. Kim The Rosen Law Firm P.A. 350 5th Avenue, Suite 5508 New York, NY 10118 (212) 686-1060 Fax: (212) 202-3827
Email: pkim@rosenlegal.com Movant Amado Santos represented by Jason Allen Zweig Hagens Berman Sobol Shapiro LLP (NYC) 555 Fifth Ave Ste. 1700 New York, NY 10117 212-752-5455 Fax: 917-210-3980 Email: jasonz@hbsslaw.com V. Defendant Lions Gate Entertainment Corp. represented by George T Conway, III Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY 10019 (212) 403-1000 Fax: (212) 403-2000 Email: GTConway@wlrk.com Adam Sloan Hobson Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY 10019 (212) 403-1000 Fax: (212) 403-2178 Email: Adam.Hobson@usdoj.gov Defendant Jon Feltheimer represented by George T Conway, III Adam Sloan Hobson Defendant James Keegan represented by George T Conway, III
Adam Sloan Hobson Defendant James Barge represented by George T Conway, III Adam Sloan Hobson Defendant Michael Burns represented by George T Conway, III Adam Sloan Hobson Date Filed # Docket Text 07/11/2014 1 COMPLAINT against James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp.. (Filing Fee $ 350.00, Receipt Number 465401100018)Document filed by Laborers Pension Trust Fund-Detroit & Vicinity.(js) (Entered: 07/16/2014) 07/11/2014 SUMMONS ISSUED as to James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp. (js) (Entered: 07/16/2014) 07/11/2014 Magistrate Judge Sarah Netburn is so designated. (js) (Entered: 07/16/2014) 07/11/2014 Case Designated ECF. (js) (Entered: 07/16/2014) 07/11/2014 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of
the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (js) (Entered: 07/16/2014) 07/11/2014 3 CIVIL COVER SHEET filed. (js) (Entered: 07/16/2014) 08/05/2014 4 NOTICE OF APPEARANCE by George T Conway, III on behalf of James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp.. (Conway, George) (Entered: 08/05/2014) 08/05/2014 5 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge John G. Koeltl from George T. Conway III dated August 5, 2014. Document filed by James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp.. (Attachments: # 1 Stipulation and Proposed Order)(Conway, George) (Entered: 08/05/2014) 08/06/2014 6 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the parties, that plaintiffs shall have until 60 days after entry of an order appointing lead plaintiff(s) and approving lead counsel pursuant to 15 U.S.C. 78u-4(a)(3)(B)(i) to file an amended consolidated complaint; that the time of all defendants to answer, move to dismiss, or otherwise respondent to the complaint shall be extended to 60 days after the filing of such amended consolidated complaint or notification to defendants that lead plaintiff(s) have decided not to file an amended consolidated complaint; and, if defendants file a motion to dismiss, that lead plaintiff(s) shall thereafter have until 60 days to respond to that motion, and that defendants shall thereafter have 45 days to file any reply papers. The time schedule for any motion to dismiss is subject to change at the pre-motion conference required by the Court. SO ORDERED. Motions terminated: (5 in 1:14-cv-05197-JGK) LETTER MOTION for Extension of Time to File Answer re: (1) Complaint addressed to Judge John G. Koeltl from George T. Conway III dated August 5, 2014. filed by Michael Burns, James Keegan, Jon Feltheimer, James Barge, Lions Gate Entertainment Corp., (5 in 1:14-cv-05477-JGK) LETTER MOTION for Extension of Time to File Answer re: (1) Complaint addressed to Judge John G. Koeltl from George T. Conway III dated August 5, 2014. filed by Michael Burns, James Keegan, Jon Feltheimer, James Barge, Lions Gate Entertainment Corp. (Signed by Judge John G. Koeltl on 8/06/2014) (ama) (Entered: 08/06/2014) 09/09/2014 7 MOTION to Appoint Lead Plaintiff., MOTION to Appoint Counsel The Rosen Law Firm, P.A.., MOTION to Consolidate Cases. Document filed by David Moxley. (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) (Entered: 09/09/2014) 09/09/2014 8 MEMORANDUM OF LAW in Support re: 7 MOTION to Appoint Lead Plaintiff. MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Consolidate Cases.. Document filed by David Moxley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kim, Phillip) (Entered: 09/09/2014) 09/09/2014 9 MOTION to Appoint KBC Asset Management NV to serve as lead plaintiff(s) and Approval of Selection of Lead Counsel. Document filed by KBC Asset Management NV.(Katz, Rebecca) (Entered: 09/09/2014) 09/09/2014 10 MEMORANDUM OF LAW in Support re: 9 MOTION to Appoint KBC Asset Management NV to serve as lead plaintiff(s) and Approval of Selection of Lead Counsel.. Document filed by KBC Asset Management NV. (Katz, Rebecca) (Entered: 09/09/2014) 09/09/2014 11 DECLARATION of Rebecca M. Katz in Support re: 9 MOTION to Appoint KBC Asset Management NV to serve as lead plaintiff(s) and Approval of Selection of Lead Counsel..
Document filed by KBC Asset Management NV. (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Loss Chart, # 3 Exhibit C - Notice, # 4 Exhibit D - Order, # 5 Exhibit E - Assignments, # 6 Exhibit F - Firm Resume)(Katz, Rebecca) (Entered: 09/09/2014) 09/09/2014 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent KBC Group NV for KBC Asset Management NV. Document filed by KBC Asset Management NV.(Katz, Rebecca) (Entered: 09/09/2014) 09/09/2014 13 MOTION to Appoint Counsel., MOTION to Appoint Laborers Pension Trust - Detroit & Vicinity to serve as lead plaintiff(s)., MOTION to Consolidate Cases 14cv5197; 14cv5477. Document filed by Laborers Pension Trust Fund-Detroit & Vicinity. (Attachments: # 1 Exhibit A - Proposed Order)(Rosenfeld, David) (Entered: 09/09/2014) 09/09/2014 14 MEMORANDUM OF LAW in Support re: 13 MOTION to Appoint Counsel. MOTION to Appoint Laborers Pension Trust - Detroit & Vicinity to serve as lead plaintiff(s). MOTION to Consolidate Cases 14cv5197; 14cv5477.. Document filed by Laborers Pension Trust Fund-Detroit & Vicinity. (Rosenfeld, David) (Entered: 09/09/2014) 09/09/2014 15 MOTION to Appoint Amado Santos to serve as lead plaintiff(s), to consolidate related cases, and approve selected counsel. Document filed by Amado Santos. Return Date set for 9/30/2014 at 05:00 PM. (Attachments: # 1 Text of Proposed Order Proposed Order)(Zweig, Jason) (Entered: 09/09/2014) 09/09/2014 16 DECLARATION of David A. Rosenfeld in Support re: 13 MOTION to Appoint Counsel. MOTION to Appoint Laborers Pension Trust - Detroit & Vicinity to serve as lead plaintiff(s). MOTION to Consolidate Cases 14cv5197; 14cv5477.. Document filed by Laborers Pension Trust Fund-Detroit & Vicinity. (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Loss chart, # 3 Exhibit C - Notice, # 4 Exhibit D - Robbins Geller firm resume)(rosenfeld, David) (Entered: 09/09/2014) 09/09/2014 17 MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint Amado Santos to serve as lead plaintiff(s), to consolidate related cases, and approve selected counsel.. Document filed by Amado Santos. (Zweig, Jason) (Entered: 09/09/2014) 09/09/2014 18 DECLARATION of Reed R. Kathrein in Support re: 15 MOTION to Appoint Amado Santos to serve as lead plaintiff(s), to consolidate related cases, and approve selected counsel.. Document filed by Amado Santos. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Zweig, Jason) (Entered: 09/09/2014) 09/12/2014 19 NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Tuesday, October 28, 2014, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Don Fletcher, Courtroom Case Manager. (Pretrial Conference set for 10/28/2014 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl). (rjm) (Entered: 09/15/2014) 09/22/2014 20 NOTICE of Non Opposition to Competing Lead Plaintiff Motions re: 9 MOTION to Appoint KBC Asset Management NV to serve as lead plaintiff(s) and Approval of Selection of Lead Counsel., 13 MOTION to Appoint Counsel. MOTION to Appoint Laborers Pension Trust - Detroit & Vicinity to serve as lead plaintiff(s). MOTION to Consolidate Cases 14cv5197; 14cv5477., 15 MOTION to Appoint Amado Santos to serve as lead plaintiff(s), to consolidate related cases, and approve selected counsel..
Document filed by David Moxley. (Kim, Phillip) (Entered: 09/22/2014) 09/26/2014 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Withdraw 13 MOTION to Appoint Counsel. MOTION to Appoint Laborers Pension Trust - Detroit & Vicinity to serve as lead plaintiff(s). MOTION to Consolidate Cases 14cv5197; 14cv5477. And Non-Opposition to KBC Asset Mgmt NV's Motion. Document filed by Laborers Pension Trust Fund-Detroit & Vicinity.(Russello, Joseph) Modified on 9/30/2014 (db). (Entered: 09/26/2014) 09/26/2014 22 NOTICE of Non-Opposition to Competing Lead Plaintiff Motion of KBC Asset Management NV and Withdrawal of re: 13 MOTION to Appoint Counsel. MOTION to Appoint Laborers Pension Trust - Detroit & Vicinity to serve as lead plaintiff(s). MOTION to Consolidate Cases 14cv5197; 14cv5477.. Document filed by Laborers Pension Trust Fund-Detroit & Vicinity. (Russello, Joseph) (Entered: 09/26/2014) 09/26/2014 23 RESPONSE to Motion re: 9 MOTION to Appoint KBC Asset Management NV to serve as lead plaintiff(s) and Approval of Selection of Lead Counsel., 13 MOTION to Appoint Counsel. MOTION to Appoint Laborers Pension Trust - Detroit & Vicinity to serve as lead plaintiff(s). MOTION to Consolidate Cases 14cv5197; 14cv5477., 7 MOTION to Appoint Lead Plaintiff. MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Consolidate Cases.. Document filed by Amado Santos. (Zweig, Jason) (Entered: 09/26/2014) 09/26/2014 24 RESPONSE in Support of Motion re: 9 MOTION to Appoint KBC Asset Management NV to serve as lead plaintiff(s) and Approval of Selection of Lead Counsel.. Document filed by KBC Asset Management NV. (Katz, Rebecca) (Entered: 09/26/2014) 10/06/2014 25 REPLY MEMORANDUM OF LAW in Support re: 9 MOTION to Appoint KBC Asset Management NV to serve as lead plaintiff(s) and Approval of Selection of Lead Counsel.. Document filed by KBC Asset Management NV. (Katz, Rebecca) (Entered: 10/06/2014) 10/07/2014 26 NOTICE OF APPEARANCE by William H. Narwold on behalf of KBC Asset Management NV. (Narwold, William) (Entered: 10/07/2014) 10/20/2014 27 NOTICE OF ORAL ARGUMENT: Oral Argument on the pending motion(s) set for 10/29/2014 at 12:00 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (tn) (Entered: 10/20/2014) 10/21/2014 28 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by KBC Asset Management NV.(Narwold, William) (Entered: 10/21/2014) 10/21/2014 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp..(Conway, George) (Entered: 10/21/2014) 10/22/2014 30 LETTER addressed to Judge John G. Koeltl from William H. Narwold dated 10/22/2014 re: Lions Gate Securities Actions. Document filed by KBC Asset Management NV.(Narwold, William) (Entered: 10/22/2014) 10/23/2014 31 MEMO ENDORSEMENT on re: 30 Letter filed by KBC Asset Management NV. ENDORSEMENT: The 10/29 argument is canceled. The Court will hear the lead plaintiff issues, if any, at the 10/28 conference. So ordered. (Signed by Judge John G. Koeltl on 10/23/2014) (ja) (Entered: 10/24/2014) 10/28/2014 32 NOTICE OF APPEARANCE by Adam Sloan Hobson on behalf of James Barge, Michael
Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp.. (Hobson, Adam) (Entered: 10/28/2014) 10/28/2014 Minute Entry for proceedings held before Judge John G. Koeltl: Initial Pretrial Conference held on 10/28/2014.(Court Reporter Denise Richards)(Fletcher, Donnie) (Entered: 10/28/2014) 10/30/2014 33 LETTER addressed to Judge John G. Koeltl from William H. Narwold dated 10/30/2014 re: Proposed Scheduling Order. Document filed by KBC Asset Management NV. (Attachments: # 1 Text of Proposed Order)(Narwold, William) (Entered: 10/30/2014) 11/03/2014 34 MEMO ENDORSEMENT on re: 33 LETTER addressed to Judge John G. Koeltl from William H. Narwold dated 10/30/2014 re: Proposed Scheduling Order. Document filed by KBC Asset Management NV. ENDORSEMENT: The scheduling order should provide that the plaintiff may file an Amended Complaint in response to a motion to dismiss in which event the first motion to dismiss will be dismissed without prejudice as moot. If a renewed motion to dismiss is filed against the newly amended complaint, then any portion that Amended Complaint which is dismissed will be dismissed with prejudice. The Stipulation should provide for the schedule of the answer or any renewed motion to dismiss. So ordered. (Signed by Judge John G. Koeltl on 11/1/2014) (rjm) (Entered: 11/03/2014) 11/04/2014 35 TRANSCRIPT of Proceedings re: conference held on 10/28/2014 before Judge John G. Koeltl. Court Reporter/Transcriber: Denise Richards, (212) 805-0300. 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 12/1/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015.(McGuirk, Kelly) (Entered: 11/04/2014) 11/04/2014 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/28/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) 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 may be made remotely electronically available to the public without redaction after 90 calendar days...(mcguirk, Kelly) (Entered: 11/04/2014) 11/05/2014 37 LETTER addressed to Judge John G. Koeltl from William H. Narwold dated 11/05/2014 re: Proposed Scheduling Order. Document filed by KBC Asset Management NV. (Attachments: # 1 Text of Proposed Order)(Narwold, William) (Entered: 11/05/2014) 11/07/2014 38 ORDER SETTING SCHEDULE FOR FILING OF THE CONSOLIDATED AMENDED COMPLAINT AND RESPONSES THERETO: WHEREAS, having considered the proposed schedule for the filing of the consolidated amended complaint and responses thereto, IT IS HEREBY ORDERED THAT: Lead Plaintiff shall file a consolidated amended complaint no later than December 29, 2014; as further set forth herein. (Amended Pleadings due by 12/29/2014.) (Signed by Judge John G. Koeltl on 11/6/2014) (mro) (Entered: 11/07/2014) 12/29/2014 39 AMENDED COMPLAINT amending 1 Complaint against James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp. with JURY DEMAND.Document filed by KBC Asset Management NV. Related document: 1 Complaint filed by Laborers Pension Trust Fund-Detroit & Vicinity. (Attachments: # 1
Exhibit 1)(Narwold, William) (Entered: 12/29/2014) 02/12/2015 40 MOTION to Dismiss / Notice of Motion to Dismiss. Document filed by James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp..(Conway, George) (Entered: 02/12/2015) 02/12/2015 41 MEMORANDUM OF LAW in Support re: 40 MOTION to Dismiss / Notice of Motion to Dismiss. / Defendants' Memorandum of Law in Support of Their Motion to Dismiss. Document filed by James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp.. (Conway, George) (Entered: 02/12/2015) 02/12/2015 42 DECLARATION of Adam S. Hobson in Support re: 40 MOTION to Dismiss / Notice of Motion to Dismiss.. Document filed by James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp.. (Attachments: # 1 Exhibit 1 - Amended Class Action Complaint in This Action, Filed December 29, 2014, # 2 Exhibit 2 - Lions Gate SEC Form 10-K, Dated March 31, 2014)(Hobson, Adam) (Entered: 02/12/2015) 02/27/2015 43 NOTICE of Lead Plaintiff's Intent to File Second Amended Consolidated Complaint. Document filed by KBC Asset Management NV. (Narwold, William) (Entered: 02/27/2015) 03/30/2015 44 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON- COMPLIANCE - SECOND AMENDED COMPLAINT amending 39 Amended Complaint, against James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp. with JURY DEMAND.Document filed by KBC Asset Management NV. Related document: 39 Amended Complaint, filed by KBC Asset Management NV. (Attachments: # 1 Exhibit 1)(Narwold, William) Modified on 3/31/2015 (jom). (Entered: 03/30/2015) 03/30/2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney William Narwold RE: Document No. 44 Amended Complaint,. The filing is deficient for the following reason(s): Filing Does Not Comply with FRCP Rule 15 (a)(1)(a)(b)(2). File the Exhibit to Pleading event found under the event category Other Documents and attach either opposing party's written consent or Court's leave. (jom) (Entered: 03/31/2015) 03/31/2015 45 ORDER GRANTING MOTION FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL. IT IS HEREBY ORDERED THAT: Pursuant to Federal Rule of Civil Procedure 42 and 78u- 4(a)(3)(B)(ii) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995 ("PSLRA"), the above-captioned actions are hereby consolidated for all purposes into one action. A Master Docket and Master File shall be established for the Consolidated Action. The Master File shall be No. 1:14-cv- 05197-JGK. Having reviewed all pending motions and accompanying memoranda of law, the Court hereby appoints KBC Asset Management NV ("KBC") as Lead Plaintiff. KBC satisfies the requirements for Lead Plaintiff pursuant to Section 21D(a)(3)(B)(iii) of the PSLRA. Lead Plaintiff pursuant to Section 21D(a)(3)(B)(v) of the PSLRA, has selected and retained the law firm of Motley Rice LLC ("Motley Rice") as Lead Counsel in this action. The Court hereby approves KBC's selection of Motley Rice as Lead Counsel for the proposed class, and as further set forth. The Clerk is directed to close all pending motions. So ordered. Terminating (40) Motion to Dismiss; Terminating (7) Motion to Appoint; Terminating (7) Motion to Appoint Counsel; Terminating (7) Motion to Consolidate Cases; Granting (9) Motion to Appoint; Terminating (13) Motion to Appoint
Counsel; Terminating (13) Motion to Appoint; Terminating (13) Motion to Consolidate Cases; Terminating (15) Motion to Appoint in case 1:14-cv-05197-JGK. (Signed by Judge John G. Koeltl on 10/28/2014) Filed In Associated Cases: 1:14-cv-05197-JGK, 1:14-cv- 05477-JGK (rjm) (Entered: 04/01/2015) 04/01/2015 46 ORDER. The plaintiff has filed a Second Amended Complaint pursuant to a schedule stipulated between the parties and signed by the Court on November 7, 2014. The Court accepts the filing of the Second Amended Complaint. Accordingly, the defendants' pending motion to dismiss is denied without prejudice. The Clerk is directed to close Docket No. 40. Pursuant to the parties' stipulation, the defendants may move to dismiss or answer the Second Amended Complaint by April 30, 2015. If the defendants move to dismiss, the plaintiff may submit a response by June 1, 2015. The defendants' reply, if any, is due by July 1, 2015. re: 40 MOTION to Dismiss / Notice of Motion to Dismiss filed by Michael Burns, James Keegan, Jon Feltheimer, James Barge, Lions Gate Entertainment Corp. (Motions due by 4/30/2015. Responses due by 6/1/2015. Replies due by 7/1/2015.) (Signed by Judge John G. Koeltl on 3/31/2015) (rjm) (Entered: 04/01/2015) 04/29/2015 47 NOTICE of Withdrawal of Counsel. Document filed by KBC Asset Management NV. Filed In Associated Cases: 1:14-cv-05197-JGK, 1:14-cv-05477-JGK(Katz, Rebecca) (Entered: 04/29/2015) 04/30/2015 48 MOTION to Dismiss. Document filed by James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp.. Return Date set for 7/1/2015 at 09:30 AM.(Conway, George) (Entered: 04/30/2015) 04/30/2015 49 MEMORANDUM OF LAW in Support re: 48 MOTION to Dismiss.. Document filed by James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp.. (Conway, George) (Entered: 04/30/2015) 04/30/2015 50 DECLARATION of Adam S. Hobson in Support re: 48 MOTION to Dismiss.. Document filed by James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hobson, Adam) (Entered: 04/30/2015) 06/01/2015 51 MEMORANDUM OF LAW in Opposition re: 48 MOTION to Dismiss.. Document filed by KBC Asset Management NV. (Narwold, William) (Entered: 06/01/2015) 06/01/2015 52 DECLARATION of William S. Norton in Opposition re: 48 MOTION to Dismiss.. Document filed by KBC Asset Management NV. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J (part 1), # 11 Exhibit J (part 2), # 12 Exhibit K)(Narwold, William) (Entered: 06/01/2015) 06/08/2015 53 NOTICE OF APPEARANCE by William Stephen Norton on behalf of KBC Asset Management NV. (Norton, William) (Entered: 06/08/2015) 07/01/2015 54 REPLY MEMORANDUM OF LAW in Support re: 48 MOTION to Dismiss. Defendants' Reply Memorandum of Law in Support of Their Motion to Dismiss. Document filed by James Barge, Michael Burns, Jon Feltheimer, James Keegan, Lions Gate Entertainment Corp.. (Conway, George) (Entered: 07/01/2015) 10/05/2015 55 NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Monday, October 26, 2015, at 2:30pm, in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at
(212) 805-0107. Don Fletcher, Courtroom Case Manager. (Oral Argument set for 10/26/2015 at 02:30 PM in Courtroom 12B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl). Filed In Associated Cases: 1:14-cv-05197- JGK, 1:14-cv-05477-JGK (rjm) (Entered: 10/06/2015) 10/12/2015 56 LETTER MOTION to Adjourn Conference /Adjourn Oral Argument addressed to Judge John G. Koeltl from James M. Hughes dated 10/12/2015. Document filed by KBC Asset Management NV.(Hughes, James) (Entered: 10/12/2015) 10/14/2015 57 ORDER granting 56 Letter Motion to Adjourn Conference. Adjourned to Thursday, November 5, 2015, at 2:30 PM. Oral Argument set for 11/5/2015 at 02:30 PM before Judge John G. Koeltl. (Signed by Judge George B. Daniels on 10/14/2015) (kgo) (Entered: 10/14/2015) 11/05/2015 Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 11/5/2015 re: (48 in 1:14-cv-05197-JGK) MOTION to Dismiss. Filed by Michael Burns, James Keegan, Jon Feltheimer, James Barge, Lions Gate Entertainment Corp. Associated Cases: 1:14-cv-05197-JGK, 1:14-cv-05477-JGK(Fletcher, Donnie) (Entered: 12/01/2015) 11/30/2015 58 TRANSCRIPT of Proceedings re: ARGUMENT held on 11/5/2015 before Judge John G. Koeltl. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. 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 12/24/2015. Redacted Transcript Deadline set for 1/3/2016. Release of Transcript Restriction set for 3/2/2016.(McGuirk, Kelly) (Entered: 11/30/2015) 11/30/2015 59 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 11/5/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) 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 may be made remotely electronically available to the public without redaction after 90 calendar days...(mcguirk, Kelly) (Entered: 11/30/2015) 01/22/2016 60 OPINION AND ORDER #106158. The Court has considered all of the remaining arguments of the parties. To the extent not specifically addressed above, they are either moot or without merit. For the foregoing reasons, the defendants' motion to dismiss is granted. The Clerk is directed to enter judgment dismissing this action and closing the case. The Clerk is also directed to close all pending motions. re: (48 in 1:14-cv-05197- JGK) MOTION to Dismiss filed by Michael Burns, James Keegan, Jon Feltheimer, James Barge, Lions Gate Entertainment Corp. (Signed by Judge John G. Koeltl on 1/22/2016) Filed In Associated Cases: 1:14-cv-05197-JGK, 1:14-cv-05477-JGK (rjm) Modified on 1/25/2016 (ca). (Entered: 01/22/2016) 01/22/2016 Transmission to Judgments and Orders Clerk. Transmitted re: (60 in 1:14-cv-05197-JGK, 15 in 1:14-cv-05477-JGK) Memorandum & Opinion to the Judgments and Orders Clerk. Filed In Associated Cases: 1:14-cv-05197-JGK, 1:14-cv-05477-JGK (rjm) (Entered: 01/22/2016) 01/25/2016 61 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 22, 2016, the Court has considered all of the remaining arguments of the parties. To the extent not specifically addressed in the Order, they are either moot or without merit. For the foregoing reasons,
the Defendants' motion to dismiss is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 01/25/2016) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 01/25/2016) 01/25/2016 Terminate Transcript Deadlines (km) (Entered: 01/25/2016) 02/24/2016 62 NOTICE OF APPEAL from 61 Clerk's Judgment,, 60 Memorandum & Opinion,,. Document filed by KBC Asset Management NV. Filing fee $ 505.00, receipt number 0208-11992666. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Narwold, William) (Entered: 02/24/2016) 02/24/2016 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 62 Notice of Appeal. (tp) (Entered: 02/24/2016) 02/24/2016 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 62 Notice of Appeal, filed by KBC Asset Management NV were transmitted to the U.S. Court of Appeals. (tp) (Entered: 02/24/2016) 06/07/2016 63 MANDATE of USCA (Certified Copy) as to 62 Notice of Appeal, filed by KBC Asset Management NV. USCA Case Number 16-536. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/07/2016. (nd) (Entered: 06/07/2016) 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 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 http://pacer.psc.uscourts.gov/pacerdesc.html