US District Court Civil Docket as of April 15, 2013 Retrieved from the court on June 27, 2013 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:12-cv-04599-AJN In Re GMR Securities Litigation Date Filed: 06/12/2012 Assigned to: Judge Alison J. Nathan Jury Demand: Plaintiff Member case: (View Member Case) Nature of Suit: 850 Related Case: 1:12-cv-05046-AJN Securities/Commodities Cause: 15:78m(a) Securities Exchange Act Jurisdiction: Federal Question Date Filed 06/12/2012 06/12/2012 06/12/2012 # Docket Text 1 COMPLAINT against Jeffrey D. Pribor, John P. Tavlarios. (Filing Fee $ 350.00, Receipt Number 1040826)Document filed by Ken Phipps.(mro) (Entered: 06/14/2012) SUMMONS ISSUED as to Jeffrey D. Pribor, John P. Tavlarios. (mro) (Entered: 06/14/2012) Magistrate Judge Gabriel W. Gorenstein is so designated. (mro) (Entered: 06/14/2012) 06/12/2012 Case Designated ECF. (mro) (Entered: 06/14/2012) 06/12/2012 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) (mro) (Entered: 06/14/2012) 07/02/2012 3 ORDER: It is hereby ORDERED that on or before July 6, 2012, Plaintiff file proof of such publication, including the date thereof. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/02/2012) (ama) (Entered: 07/02/2012) 07/02/2012 4 NOTICE of of Filing of Declaration of Timothy J. MacFall. Document filed by Ken Phipps. (MacFall, Timothy) (Entered: 07/02/2012) 07/20/2012 5 ORDER: Pursuant to 78u-4(a)(3)(A)(i)(II), members of the purported class have until August 27, 2012 to move the Court to serve as lead plaintiffs. It is hereby ORDERED that opposition to any motion for appointment of lead plaintiff shall be served and filed
by September 10, 2012. In the event that more than one action on behalf of a class asserting substantially the same claim or claims has been filed, and any party has sought to consolidate those actions for pretrial purposes or for trial, the Court shall not appoint a lead plaintiff until after a decision on the motion to consolidate is rendered. 78u- 4(a)(3)(B)(ii). Accordingly it is hereby ORDERED that a conference shall be held at 10:30 AM on September 21, 2012 in Courtroom 17B, United States Courthouse, 500 Pearl Street, New York, New York to consider any motions for appointment of lead plaintiff and lead counsel and for consolidation. IT IS FURTHER ORDERED that the named plaintiff shall promptly serve a copy of this Order on each of the defendants ( Motions due by 8/27/2012, Responses due by 9/10/2012, Status Conference set for 9/21/2012 at 10:30 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 7/20/2012) (djc) Modified on 7/23/2012 (djc). (Entered: 07/20/2012) 08/27/2012 6 MOTION to Appoint Counsel - Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel., MOTION to Appoint FATHER SECURITIES AND UNIONE FIDUCIARIA S.P.A to serve as lead plaintiff(s)., MOTION to Consolidate Cases 12-cv-4599, 12-cv- 5046. Document filed by Father Securities, Unione Fiduciaria.(Nespole, Gregory) (Entered: 08/27/2012) 08/27/2012 7 MEMORANDUM OF LAW in Support re: 6 MOTION to Appoint Counsel - Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint FATHER SECURITIES AND UNIONE FIDUCIARIA S.P.A to serve as lead plaintiff(s). MOTION to Consolidate Cases 12-cv-4599, 12-cv-5046. MOTION to Appoint FATHER SECURITIES AND UNIONE FIDUCIARIA S.P.A to serve as lead plaintiff(s).. Document filed by Father Securities, Unione Fiduciaria. (Nespole, Gregory) (Entered: 08/27/2012) 08/27/2012 8 DECLARATION of GREGORY M. NESPOLE in Support re: 6 MOTION to Appoint Counsel - Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint FATHER SECURITIES AND UNIONE FIDUCIARIA S.P.A to serve as lead plaintiff(s). MOTION to Consolidate Cases 12-cv-4599, 12-cv-5046. MOTION to Appoint FATHER SECURITIES AND UNIONE FIDUCIARIA S.P.A to serve as lead plaintiff(s).. Document filed by Father Securities, Unione Fiduciaria. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Nespole, Gregory) (Entered: 08/27/2012) 08/27/2012 9 MOTION to Consolidate Cases 1:12-cv-4599; 1:02-cv-5046., MOTION to Appoint Ken Phipps to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by Ken Phipps. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Certificate of Service)(MacFall, Timothy) (Entered: 08/27/2012) 08/27/2012 10 MEMORANDUM OF LAW in Support re: 9 MOTION to Consolidate Cases 1:12-cv- 4599; 1:02-cv-5046. MOTION to Appoint Ken Phipps to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Ken Phipps to serve as lead plaintiff(s).. Document filed by Ken Phipps. (MacFall, Timothy) (Entered: 08/27/2012) 08/27/2012 11 DECLARATION of Timothy J. MacFall in Support re: 9 MOTION to Consolidate Cases 1:12-cv-4599; 1:02-cv-5046. MOTION to Appoint Ken Phipps to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Ken Phipps to serve as lead plaintiff(s).. Document filed by Ken Phipps. (Attachments: # 1 Exhibit A, # 2
I Exhibit B, # 3 Exhibit C)(MacFall, Timothy) (Entered: 08/27/2012) 09/07/2012 12 NOTICE of Withdrawal of Motion of Ken Phipps for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of His Selection of Counsel re: 9 MOTION to Consolidate Cases 1:12-cv-4599; 1:02-cv-5046. MOTION to Appoint Ken Phipps to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Ken Phipps to serve as lead plaintiff(s).. Document filed by Ken Phipps. (Attachments: # 1 Certificate of Service)(MacFall, Timothy) (Entered: 09/07/2012) 09/20/2012 13 ORDER: The conference previously set for September 21, 2012 is hereby ADJOUNED. (Signed by Judge Alison J. Nathan on 9/20/2012) (laq) (Entered: 09/21/2012) 09/21/2012 14 Letter addressed to Judge Alison J. Nathan from Matthew M. Guiney dated 9/13/2012 re: We are counsel for movants Father Securities and Unione Fiduciaria S.p.A. (Movants) in the above-captioned securities class actions and write to update Your Honor on the status of the pending motions for appointment of lead plaintiff and lead counsel. Document filed by Unione Fiduciaria, Father Securities.(ama) (Entered: 09/21/2012) 09/21/2012 15 ORDER APPOINTING LEAD PLAINTIFFS AND APPROVING LEAD PLAINTIFFS' SELECTION OF LEAD COUNSEL: granting 6 Motion to Appoint Counsel ; granting 6 Motion to Appoint ; granting 6 Motion to Consolidate Cases 1:12- cv-4599 (as Lead Case) with 1:12-cv-5046. The Court hereby appoints Movants as lead plaintiffs for the class of purchasers of General Maritime Corporation common stock (ticker "GMR"). Movants satisfy all of the requirements for lead plaintiffs pursuant to the Private Securities Litigation Reform Act of 1995 ("PSLRA"). Pursuant to the PLSRA, Movants have selected and retained the law firm of Wolf Haldenstein Adler Freeman & Herz LLP ("Wolf Haldenstein") as lead counsel in this action. The Court approves the selection of Wolf Haldenstein as lead counsel for the Class as further set forth in this order. The above-captioned action and any action arising out of the same operative facts and alleging causes of action under the PSLRA now or hereafter filed in or transferred to this Court (the "Actions") are hereby consolidated pursuant to Fed. R. Civ. P. 42(a). The Actions shall be referred to as In re GMR Securities Litigation, Master File No. 12-cv- 4599-AJN. The Court hereby orders that: (a) Plaintiffs are permitted to file an amended class action complaint on or before October 21, 2012. (b) If no amended class action complaint is filed, defendants shall answer or move to dismiss the complaints in the Actions on or before December 5, 2012 and as further set forth in this order. (Signed by Judge Alison J. Nathan on 9/21/2012) (lmb) (Entered: 09/21/2012) 09/21/2012 Set/Reset Deadlines: Jeffrey D. Pribor answer due 12/5/2012; John P. Tavlarios answer due 12/5/2012. Amended Pleadings due by 10/21/2012. (lmb) (Entered: 09/21/2012) 09/28/2012 16 NOTICE OF APPEARANCE by Arthur Harlod Aufses, III on behalf of Peter C. Georgiopoulos, Jeffrey D. Pribor, John P. Tavlarios Filed In Associated Cases: 1:12-cv- 04599-AJN, 1:12-cv-05046-AJN(Aufses, Arthur) (Entered: 09/28/2012) 09/28/2012 17 NOTICE OF APPEARANCE by Susan Jacquemot on behalf of Peter C. Georgiopoulos, Jeffrey D. Pribor, John P. Tavlarios Filed In Associated Cases: 1:12-cv- 04599-AJN, 1:12-cv-05046-AJN(Jacquemot, Susan) (Entered: 09/28/2012) 10/17/2012 18 Letter addressed to Judge Alison J. Nathan from Gregory Mark Nespole dated 10/17/2012 re: We are counsel for lead plaintiffs Father Securities and Unione
Fiduciaria S.p.A. in the above-captioned action and write pursuant to Your Honor's Individual Practices in Civil Cases Rule 2.C and 1.A concerning a discovery related dispute that the parties were unable to resolve despite good faith efforts to do so. Document filed by Father Securities, Unione Fiduciaria.(djc) (Entered: 10/17/2012) 10/18/2012 19 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Request for partial lift of the stay. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Alison J. Nathan on 10/18/2012) (lmb) (Entered: 10/18/2012) 10/19/2012 20 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah Netburn. Please note that this is a reassignment of the designation only. (pgu) (Entered: 10/19/2012) 10/19/2012 21 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Sarah Netburn, for Specific Non-Dispositive Motion/Dispute. Magistrate Judge Gabriel W. Gorenstein no longer referred to the case. (pgu) (Entered: 10/19/2012) 10/19/2012 22 ORDER: IT IS ORDERED that the parties submit letters to the Court by Friday, October 26, 2012, addressing whether, if at all, the standard for lifting the automatic discovery stay under the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(3)(B), is met in this case; specifically, the parties should address whether the plaintiffs will be unduly prejudiced if the discovery stay is not lifted. These letters should be prepared in accordance with the Courts Individual Practices in Civil Cases, available at http://nysd.uscourts.gov/judge/netburn. IT IS FURTHER ORDERED that plaintiffs time to file an amended complaint is stayed pending the determination of the request to partially lift the discovery stay. (Signed by Magistrate Judge Sarah Netburn on 10/19/2012) (djc) (Entered: 10/19/2012) 10/22/2012 23 NOTICE OF APPEARANCE by Giti Baghban on behalf of Father Securities, Ken Phipps, Marshall T. Stewart, Jr, Unione Fiduciaria (Baghban, Giti) (Entered: 10/22/2012) 10/25/2012 24 NOTICE OF CHANGE OF ADDRESS by Giti Baghban on behalf of Father Securities, Ken Phipps, Marshall T. Stewart, Jr, Unione Fiduciaria. New Address: Wolf Haldenstein Adler Freeman & Herz LLP, 270 Madison Avenue, New York, NY, United States 10016, 212-545-4747. (Baghban, Giti) (Entered: 10/25/2012) 11/08/2012 25 ORDER: Accordingly, plaintiffs request for a modification of the PSLRA stay is DENIED. Plaintiffs are directed to file their amended complaint by November 15, 2012. (Signed by Magistrate Judge Sarah Netburn on 11/8/2012) (mro) (Entered: 11/08/2012) 11/08/2012 Set/Reset Deadlines: Amended Pleadings due by 11/15/2012. (mro) (Entered: 11/08/2012) 11/08/2012 CASE NO LONGER REFERRED to Magistrate Judge Sarah Netburn. (tro) (Entered: 11/14/2012) 11/15/2012 27 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending 1 Complaint against Peter C. Georgiopoulos, Jeffrey D. Pribor, John P. Tavlarios with JURY DEMAND.Document filed by Ken Phipps, Father Securities, Unione Fiduciaria.
I Related document: 1 Complaint filed by Ken Phipps.(lmb) (Entered: 11/21/2012) 11/16/2012 26 ENDORSED LETTER addressed to Judge Alison J. Nathan from Susan Jacquemot dated 11/15/2012 re: Request to extend motion filing deadline for 60 days. ENDORSEMENT: Motion to dismiss shall be filed on or before 1/17/2013. Opposition papers shall be filed on or before 3/15/2013. Reply papers shall be filed on or before 4/15/2013. No further extensions. ( Motion due by 1/15/2013. Response due by 3/15/2013. Reply due by 4/15/2013.) (Signed by Judge Alison J. Nathan on 11/16/2012) (cd) (Entered: 11/19/2012) 01/15/2013 28 MOTION to Dismiss. Document filed by Peter C. Georgiopoulos, Jeffrey D. Pribor, John P. Tavlarios.Filed In Associated Cases: 1:12-cv-04599-AJN, 1:12-cv-05046- AJN(Aufses, Arthur) (Entered: 01/15/2013) 01/15/2013 29 DECLARATION of Arthur H. Aufses III in Support re: (28 in 1:12-cv-04599-AJN, 14 in 1:12-cv-05046-AJN) MOTION to Dismiss.. Document filed by Peter C. Georgiopoulos, Jeffrey D. Pribor, John P. Tavlarios. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-E, # 4 Exhibit F-G, # 5 Exhibit H - Part 1, # 6 Exhibit H - Part 2, # 7 Exhibit I-K, # 8 Exhibit L, # 9 Exhibit M-N, # 10 Exhibit O, # 11 Exhibit P - Part 1, # 12 Exhibit P - Part 2, # 13 Exhibit Q, # 14 Exhibit R-S, # 15 Exhibit T - Part 1, # 16 Exhibit T - Part 2, # 17 Exhibit U-W, # 18 Exhibit X-FF, # 19 Exhibit GG, # 20 Exhibit HH-JJ, # 21 Exhibit KK-LL)Filed In Associated Cases: 1:12-cv-04599-AJN, 1:12-cv-05046-AJN(Aufses, Arthur) (Entered: 01/15/2013) 01/15/2013 30 MEMORANDUM OF LAW in Support re: (28 in 1:12-cv-04599-AJN, 14 in 1:12-cv- 05046-AJN) MOTION to Dismiss. /Memorandum Of Law In Support Of Defendants' Motion To Dismiss. Document filed by Peter C. Georgiopoulos, Jeffrey D. Pribor, John P. Tavlarios. Filed In Associated Cases: 1:12-cv-04599-AJN, 1:12-cv-05046- AJN(Aufses, Arthur) (Entered: 01/15/2013) 01/28/2013 31 Letter addressed to Judge Alison J. Nathan from Matthew M. Guiney dated 1/24/13 re: Counsel writes on behalf of the lead plaintiffs states that they will stand on the complaint as filed and will not file a second amended complaint. Document filed by Father Securities, Unione Fiduciaria.(mro) (Entered: 01/28/2013) 03/15/2013 32 MEMORANDUM OF LAW in Opposition re: 28 MOTION to Dismiss.. Document filed by Father Securities, Ken Phipps, Unione Fiduciaria. (Nespole, Gregory) (Entered: 03/15/2013) 03/19/2013 **Please be advised that Judge Nathans Courtroom and Chambers have been moved to the Thurgood Marshall United States Courthouse located at 40 Foley Square, New York, New York 10007. Effective immediately, all proceedings before the Court will take place in Courtroom 906, and the Courts Chambers located in Room 2102, of 40 Foley Square. The Courts other contact information, as set forth in the Courts Individual Rules and Practices, available at http://www.nysd.uscourts.gov/judge/nathan, remains the same.** (snu) (Entered: 03/19/2013) 04/15/2013 33 REPLY MEMORANDUM OF LAW in Support re: (28 in 1:12-cv-04599-AJN, 14 in 1:12-cv-05046-AJN) MOTION to Dismiss. /Reply Memorandum of Law in Further Support ofdefendants' Motion to Dismiss. Document filed by Peter C. Georgiopoulos, Jeffrey D. Pribor, John P. Tavlarios. Filed In Associated Cases: 1:12-cv-04599-AJN, 1:12-cv-05046-AJN(Aufses, Arthur) (Entered: 04/15/2013)
04/15/2013 34 Letter addressed to Judge Alison J. Nathan from Susan Jacquemot dated 4/15/2013 re: Counsel for defendants request oral argument on their motion to dismiss. Document filed by Jeffrey D. Pribor, John P. Tavlarios.(tro) (Entered: 04/17/2013) 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