US District Court Civil Docket as of September 14, 2018 Retrieved from the court on September 14, 2018 U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:18-cv-01428-MKB-VMS Salkowitz v. Henry Schein, Inc. et al Assigned to: Judge Margo K. Brodie Referred to: Magistrate Judge Vera M. Scanlon Cause: 15:78m(a) Securities Exchange Act Movant Stuart Neiss Movant City of Miami General Employees & Sanitation Employees Retirement Trust Date Filed: 03/07/2018 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Phillip Kim Rosen Law Firm, P.A. P.C. 275 Madison Avenue Suite 3400 New York, NY 10116 212-686-1060 Fax: 212-202-3827 Email: pkim@rosenlegal.com represented by Gerald Harlan Silk Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas New York, NY 10019 (212) 554-1282 Fax: (212) 554-1444 Email: jerry@blbglaw.com James A. Harrod, III Bernstein Litowitz Berger & Grossman, LLP 1285 Avenue of the Americas New York, NY 10019 212-554-1400 Fax: 212-554-1444 Email: Jim.Harrod@blbglaw.com
Movant City of Miami General Employees & Sanitation Employees Retirement Trust represented by Gerald Harlan Silk (See above for address) Michael Madakacherry Mathai Bernstein Litowitz Berger & Grossmann LLP 1251 Avenue Of The Americas, 44th Floor New York, NY 10020 212-554-1400 Fax: 212-554-1444 Email: michael.mathai@blbglaw.com Plaintiff Joseph Salkowitz on behalf of all others similarly situated represented by Phillip Kim (See above for address) V. Henry Schein, Inc. represented by Jonathan E. Richman Proskauer Rose LLP 11 Times Square New York, NY 10036 212-969-3448 Fax: 212-969-2900 Email: jerichman@proskauer.com Stanley M. Bergman Steven Paladino Timothy J. Sullivan Date Filed # Docket Text
03/07/2018 1 COMPLAINT against Stanley M. Bergman, Henry Schein, Inc., Steven Paladino filing fee $ 400, receipt number 0207-10257138 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Joseph Salkowitz. (Attachments: # 1 PSLRA Certification, # 2 Civil Cover Sheet, # 3 Proposed Summons to Henry Schein, Inc., # 4 Proposed Summons to Bergman, # 5 Proposed Summons to Paladino) (Kim, Phillip) (Entered: 03/07/2018) 03/07/2018 Case assigned to Judge Margo K. Brodie and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 03/08/2018) 03/07/2018 2 Summons Issued as to All s. (Attachments: # 1 Bergman summons, # 2 Paladino summons) (Bowens, Priscilla) (Entered: 03/08/2018) 03/08/2018 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/formsandfees/forms/ao085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 03/08/2018) 03/08/2018 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 03/08/2018) 04/04/2018 5 SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 7/11/2018 at 11:30 AM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiff's counsel is ordered to serve this Order on 's counsel, and to file an affidavit of service by 4/12/2018. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 7/5/2018. Ordered by Magistrate Judge Vera M. Scanlon on 4/4/2018. (Quinlan, Krista) (Entered: 04/04/2018) 04/18/2018 6 NOTICE of Appearance by Jonathan E. Richman on behalf of Henry Schein, Inc. (aty to be noticed) (Richman, Jonathan) (Entered: 04/18/2018 7 Corporate Disclosure Statement by Henry Schein, Inc. (Richman, Jonathan) (Entered: 04/18/2018 8 STIPULATION and Proposed Order by Henry Schein, Inc. (Richman, Jonathan) (Entered: 04/18/2018 9 WAIVER OF SERVICE Returned Executed by Joseph Salkowitz. Henry Schein, Inc. waiver sent on 3/23/2018, answer due 5/22/2018. (Kim, Phillip) (Entered:
04/18/2018 10 WAIVER OF SERVICE Returned Executed by Joseph Salkowitz. Stanley M. Bergman waiver sent on 3/23/2018, answer due 5/22/2018. (Kim, Phillip) (Entered: 04/18/2018 11 WAIVER OF SERVICE Returned Executed by Joseph Salkowitz. Steven Paladino waiver sent on 3/23/2018, answer due 5/22/2018. (Kim, Phillip) (Entered: 05/07/2018 12 MOTION to Appoint Counsel and Appoint Lead Plaintiffs by Joseph Salkowitz, Stuart Neiss. (Attachments: # 1 Proposed Order) (Kim, Phillip) (Entered: 05/07/2018) 05/07/2018 13 MEMORANDUM in Support re 12 MOTION to Appoint Counsel and Appoint Lead Plaintiffs filed by Stuart Neiss, Joseph Salkowitz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Kim, Phillip) (Entered: 05/07/2018) 05/07/2018 14 MOTION to Appoint Counsel and to Appoint Lead Plaintiff by City of Miami General Employees & Sanitation Employees Retirement Trust. (Attachments: # 1 Proposed Order) (Silk, Gerald) (Entered: 05/07/2018) 05/07/2018 15 MEMORANDUM in Support re 14 MOTION to Appoint Counsel and to Appoint Lead Plaintiff filed by City of Miami General Employees & Sanitation Employees Retirement Trust. (Silk, Gerald) (Entered: 05/07/2018) 05/07/2018 16 AFFIDAVIT/DECLARATION in Support re 14 MOTION to Appoint Counsel and to Appoint Lead Plaintiff filed by City of Miami General Employees & Sanitation Employees Retirement Trust. (Attachments: # 1 Exhibit A - Notice of Pendency, # 2 Exhibit B - Certification, # 3 Exhibit C - BLB&G Resume) (Silk, Gerald) (Entered: 05/07/2018) 05/21/2018 17 MEMORANDUM in Support re 14 MOTION to Appoint Counsel and to Appoint Lead Plaintiff filed by City of Miami General Employees & Sanitation Employees Retirement Trust. (Silk, Gerald) (Entered: 05/21/2018) 05/21/2018 18 AFFIDAVIT/DECLARATION in Support re 14 MOTION to Appoint Counsel and to Appoint Lead Plaintiff filed by City of Miami General Employees & Sanitation Employees Retirement Trust. (Attachments: # 1 Exhibit A - Miami Retirement Trust Loss Chart) (Silk, Gerald) (Entered: 05/21/2018) 05/29/2018 19 REPLY in Support re 14 MOTION to Appoint Counsel and to Appoint Lead Plaintiff filed by City of Miami General Employees & Sanitation Employees Retirement Trust. (Silk, Gerald) (Entered: 05/29/2018) 05/30/2018 20 Letter Courtesy Copy Cover Letter by City of Miami General Employees & Sanitation Employees Retirement Trust (Silk, Gerald) (Entered: 05/30/2018) 06/18/2018 ORDER: On or before 6/22/18, Movants Stuart Neiss and Joseph Salkowitz are ordered to confirm that they are withdrawing their motion to be appoint lead plaintiff at 12 or put in their opposition to the motion at 14. Ordered by Magistrate Judge Vera M. Scanlon on 6/18/2018. (Pearce, Jessica) (Entered: 06/18/2018) 06/21/2018 21 NOTICE by Stuart Neiss, Joseph Salkowitz re 12 MOTION to Appoint Counsel and Appoint Lead Plaintiffs (Kim, Phillip) (Entered: 06/21/2018)
06/22/2018 22 ORDER withdrawing 12 Motion to Appoint Counsel; granting 14 Motion to Appoint Counsel. Ordered by Magistrate Judge Vera M. Scanlon on 6/22/2018. (Pearce, Jessica) (Entered: 06/22/2018) 06/29/2018 23 MOTION to Adjourn Conference and MOTION for approval of proposed scheduling order. (Quinlan, Krista). (Entered: 06/29/2018) 06/29/2018 24 NOTICE of Appearance by James A. Harrod, III on behalf of City of Miami General Employees & Sanitation Employees Retirement Trust (aty to be noticed) (Harrod, James) (Entered: 06/29/2018) 07/10/2018 ORDER denying 23 Motion to Adjourn Conference. The 7/11/2018 status conference will remain as scheduled. The other scheduling issues raised in 23 will be discussed at the conference. Ordered by Magistrate Judge Vera M. Scanlon on 7/10/2018. (Quinlan, Krista) (Entered: 07/10/2018) 07/11/2018 Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 7/11/2018 in Courtroom 13A South. Michael Mathai appearing for Movant. Mr. Mathai is to file a notice of appearance. Jonathan Richman appearing for. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:22-11:33.) (Quinlan, Krista) (Entered: 07/11/2018) 07/11/2018 25 ORDER granting in part and denying in part 23 Motion for Extension of Time to File. SCHEDULING ORDER: As discussed during the 7/11/2018 conference (see attached order for additional detail and deadlines), Plaintiff to file the amended complaint by 9/14/2018. to file PMC for motion to dismiss by 10/15/2018. Discovery is stayed by statute. Ordered by Magistrate Judge Vera M. Scanlon on 7/11/2018. (Quinlan, Krista) (Entered: 07/11/2018) 07/12/2018 26 TRANSCRIPT of Proceedings held on July 11, 2018, before Judge Scanlon. Court Transcriber: TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/2/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/10/2018. (Rocco, Christine) (Entered: 07/12/2018) 09/12/2018 27 NOTICE of Appearance by Michael Madakacherry Mathai on behalf of City of Miami General Employees & Sanitation Employees Retirement Trust (aty to be noticed) (Mathai, Michael) (Entered: 09/12/2018) 09/14/2018 28 AMENDED COMPLAINT against Stanley M. Bergman, Henry Schein, Inc., Steven Paladino, Timothy J. Sullivan, filed by City of Miami General Employees & Sanitation Employees Retirement Trust. (Harrod, James) (Entered: 09/14/2018) 09/14/2018 29 Proposed Summons. Re 28 Amended Complaint by City of Miami General Employees & Sanitation Employees Retirement Trust (Harrod, James) (Entered: 09/14/2018)
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