US District Court Civil Docket as of December 22, 2016 Retrieved from the court on December 22, 2016 U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division) CIVIL DOCKET FOR CASE #: 5:15-cv-00307-F In re CHANNELADVISOR CORPORATION Securities Litigation Assigned to: Senior Judge James C. Fox Case in other court: 4th Circuit Court of Appeals, 16-01495 New York Southern, 1:15-cv-00506 Cause: 15:78m(a) Securities Exchange Act Date Filed: 07/09/2015 Date Terminated: 04/06/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Justin Dice individually and on behalf of all others similarly situated represented by Brooke Albert Howard Howard Law, PLLC Post Office Box 549 Raleigh, NC 27602 919-719-3908 Fax: 919-882-9757 Email: bah@howardlawpllc.com Jacob A. Goldberg The Rosen Law Firm, P.A. 275 Madison Avenue, 34th Floor New York, NY 10016 212-686-1060 Fax: 212-202-3827 Email: jgoldberg@rosenlegal.com James A. Roberts, III Lewis & Roberts, PLLC P. O. Box 17529 3700 Glenwood Avenue, Suite 410 Raleigh, NC 27619-7529 919-981-0191 Fax: 919-981-0199 Email: jar@lewis-roberts.com Laurence M. Rosen THE ROSEN LAW FIRM PA 275 MADISON AVENUE
34TH FLOOR NEW YORK, NY 10016 212-686-1060 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 Erica Lauren Stone The Rosen Law Firm, P.A. 275 Madison Avenue 34th Floor New York, NY 10016 (212)-686-1060 Fax: (212)-202-3827 Plaintiff David A. Garcia Individually and on Behalf of All Others Similarly Situated represented by Brooke Albert Howard Francis Paul McConville Pomerantz LLP 600 Third Avenue, 20th Floor New York, NY 10016 (212)661-1100 Fax: (212) 661-8665 James A. Roberts, III Jeremy Alan Lieberman Pomerantz LLP 600 Third Avenue, 20th Floor New York, NY 10016 (212)-661-1100
Fax: (212)-661-8665 Patrick Vincent Dahlstrom Pomerantz LLP 10 South LaSalle Street Suite 3505 Chicago, IL 60603 (212)661-1100 Fax: (212)661-8665 V. Defendant Channeladvisor Corporation represented by Clifton L. Brinson Smith Anderson Blount Dorsett Mitchell & Jernigan, LLP Wells Fargo Capitol Center, 150 Fayetteville St., Suite 2300 P.O. Box 2611 Raleigh, NC 27602-2611 919-821-6605 Fax: 919-821-6800 Email: cbrinson@smithlaw.com Donald H. Tucker, Jr. Smith Anderson Blount Dorsett Mitchell & Jernigan, LLP Wells Fargo Capitol Center, 150 Fayetteville St, Suite 2300 Post Office Box 2611 Raleigh, NC 27602-2611 919-821-1220 Fax: 919-821-6800 Email: dtucker@smithlaw.com Lyle Roberts COOLEY LLP 1299 Pennsylvania Avenue, NW Suite 700 Washington, DC 20004-2400 202-842-7855 Fax: 202-842-7899 Email: lroberts@cooley.com
Dana Moss COOLEY LLP 1299 Pennsylvania Avenue, NW Suite 700 Washington, DC 20004-2400 202-728-7135 Fax: 202-842-7899 Email: dmoss@cooley.com George E. Anhang COOLEY LLP 1299 Pennsylvania Avenue, NW Suite 700 Washington, DC 20004-2400 202-842-7880 Fax: 202-842-7899 Email: ganhang@cooley.com Defendant Scot Wingo represented by Clifton L. Brinson Donald H. Tucker, Jr. Lyle Roberts Dana Moss George E. Anhang Defendant
David Spitz represented by Clifton L. Brinson Donald H. Tucker, Jr. Lyle Roberts Dana Moss George E. Anhang Defendant John Baule represented by Clifton L. Brinson Donald H. Tucker, Jr. Lyle Roberts Dana Moss George E. Anhang
Date Filed # Docket Text 01/23/2015 1 COMPLAINT against John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Filing Fee $ 350.00, Receipt Number 465401115272)Document filed by Justin Dice.(moh) (rz). [Transferred from New York Southern on 7/15/2015.] (Entered: 01/26/2015) 01/23/2015 SUMMONS ISSUED as to John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (moh) [Transferred from New York Southern on 7/15/2015.] (Entered: 01/26/2015) 01/23/2015 Magistrate Judge Debra C. Freeman is so designated. (moh) [Transferred from New York Southern on 7/15/2015.] (Entered: 01/26/2015) 01/23/2015 Case Designated ECF. (moh) [Transferred from New York Southern on 7/15/2015.] (Entered: 01/26/2015) 01/23/2015 2 CIVIL COVER SHEET filed. (moh) (rz). [Transferred from New York Southern on 7/15/2015.] (Entered: 01/26/2015) 01/28/2015 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Laurence M. Rosen for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint to: caseopenings@nysd.uscourts.gov. (moh) [Transferred from New York Southern on 7/15/2015.] (Entered: 01/28/2015) 01/28/2015 ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Laurence M. Rosen, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (moh) [Transferred from New York Southern on 7/15/2015.] (Entered: 01/28/2015) 02/10/2015 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/8/2015 at 10:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Signed by Judge Alison J. Nathan on 2/10/2015) (kgo) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/11/2015) 02/24/2015 4 WAIVER OF SERVICE RETURNED EXECUTED. Channeladvisor Corporation waiver sent on 2/20/2015, answer due 4/21/2015. Document filed by Justin Dice. (Kim, Phillip) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/24/2015) 02/24/2015 5 WAIVER OF SERVICE RETURNED EXECUTED. John Baule waiver sent on 2/20/2015, answer due 4/21/2015. Document filed by Justin Dice. (Kim, Phillip) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/24/2015) 02/24/2015 6 WAIVER OF SERVICE RETURNED EXECUTED. Scot Wingo waiver sent on 2/20/2015, answer due 4/21/2015. Document filed by Justin Dice. (Kim, Phillip) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/24/2015) 02/24/2015 7 WAIVER OF SERVICE RETURNED EXECUTED. David Spitz waiver sent on 2/20/2015, answer due 4/21/2015. Document filed by Justin Dice. (Kim, Phillip) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/24/2015) 02/25/2015 8 MOTION for Lyle Roberts to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-10634125. Motion and supporting papers to be reviewed by Clerk's Office staff.
Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Attachments: # 1 DC Certificate of Good Standing, # 2 MD Certificate of Good Standing, # 3 VA Certificate of Good Standing, # 4 Text of Proposed Order)(Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 02/25/2015 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Channeladvisor Corporation.(Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 02/25/2015 10 NOTICE OF APPEARANCE by George Edward Anhang on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Anhang, George) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 02/25/2015 >>>NOTICE REGARDING MOTION. Regarding Document No. 8 MOTION for Lyle Roberts to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-10634125. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 02/25/2015 11 MOTION for Dana Moss to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-10634183. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Attachments: # 1 DC Certificate of Good Standing, # 2 VA Certificate of Good Standing, # 3 Text of Proposed Order)(Moss, Dana) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 02/25/2015 >>>NOTICE REGARDING MOTION. Regarding Document No. 11 MOTION for Dana Moss to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-10634183. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 7/15/2015.] (Entered: 02/25/2015) 03/06/2015 12 ORDER granting 8 Motion for Lyle Roberts to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) [Transferred from New York Southern on 7/15/2015.] (Entered: 03/06/2015) 03/06/2015 13 ORDER granting 11 Motion for Dana Moss to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) [Transferred from New York Southern on 7/15/2015.] (Entered: 03/06/2015) 03/19/2015 14 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Lyle Roberts dated March 19, 2015. Document filed by John Baule, Channeladvisor Corporation, Justin Dice, David Spitz, Scot Wingo.(Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 03/19/2015) 03/23/2015 15 ORDER granting 14 Letter Motion for Extension of Time to Answer All Defendants. The parties' joint request to suspend any deadlines or time limitations for the filing of Defendants' responses to any in the above-noted actions until the Court rules on Defendants' Transfer Motion and until after a consolidated complaint is GRANTED. (Signed by Judge Alison J. Nathan on 3/23/2015) (kl) [Transferred from New York Southern on 7/15/2015.] (Entered: 03/23/2015) 03/24/2015 16 MOTION to Appoint Counsel The Rosen Law Firm, P.A.., MOTION to Appoint Lead Plaintiff., MOTION to Consolidate Cases. Document filed by Justin Dice. (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) [Transferred from New York Southern on
7/15/2015.] (Entered: 03/24/2015) 03/24/2015 17 MEMORANDUM OF LAW in Support re: 16 MOTION to Appoint Counsel The Rosen Law Firm, P.A.. MOTION to Appoint Lead Plaintiff. MOTION to Consolidate Cases.. Document filed by Justin Dice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kim, Phillip) [Transferred from New York Southern on 7/15/2015.] (Entered: 03/24/2015) 04/07/2015 18 ORDER: The Court hereby schedules a conference to address the matters that have been raised. The conference will be held on Friday, May 15, 2015 at 11:30 a.m. Any party wishing to be heard on these issues shall submit letter briefing no later than Friday, April 24, 2015. (Status Conference set for 5/15/2015 at 11:30 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 4/6/2015) (kl) [Transferred from New York Southern on 7/15/2015.] (Entered: 04/07/2015) 04/14/2015 19 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Lyle Roberts dated April 14, 2015. Document filed by John Baule, Channeladvisor Corporation, Justin Dice, David Spitz, Scot Wingo.(Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 04/14/2015) 04/15/2015 20 ORDER granting in part and denying in part 19 Letter Motion to Adjourn Conference. The Court notes at the outset that the identical letters filed in both 15-CV-506 and 15-CV- 572 indicate that they are submitted on behalf of all the Defendants and Plaintiff Dice (the Plaintiff in 15-CV-506), but they do not indicate whether they are also submitted on behalf of Plaintiff Gracia (the Plaintiff in 15-CV-572). In light of the parties' joint letter, however, the Court adjourns the initial pretrial conference scheduled for May 8, 2015 in both 15-CV-506 and 15-CV-572, and it also adjourns the deadlines for the submissions required in advance of the initial pretrial conference. The hearing on the pending motions that is scheduled for May 15, 2015 is also adjourned, with the pending motions to be decided on submission. The April 24, 2015 deadline for letter briefs in opposition to the pending motions, however, is not adjourned. (Although both letters indicate that the motion is unopposed and that Plaintiff Dice has nothing to add, neither motion indicates whether Plaintiff Gracia similarly has nothing to add.) If no oppositions are received by that date, the Court will deem the pending motions fully briefed and will proceed to decide them. (Signed by Judge Alison J. Nathan on 4/14/2015) (kgo) [Transferred from New York Southern on 7/15/2015.] (Entered: 04/15/2015) 05/05/2015 21 ORDER CONSOLIDATING RELATED ACTIONS AND APPOINTING LEAD PLAINTIFF AND LEAD COUNSEL: granting (16) Motion to Appoint Counsel ; granting (16) Motion to Appoint ; granting (16) Motion to Consolidate Cases 15-cv-506 (as Lead Case) with 15-cv-572 in case 1:15-cv-00506-AJN. IT IS HEREBY ORDERED THAT: The Securities Class Actions are consolidated for all purposes including, but not limited to, discovery, pretrial proceedings and trial proceedings pursuant to Fed. R. Civ. P. 42(a). The docket in Case No. 1 : 15-cv-00506-AJN shall constitute the Master Docket for this action. And as set forth herein. Pursuant to Section 21D (a)(3)(b) of the Exchange Act Justin Dice is appointed as Lead Plaintiff for the Class as he has the largest financial interest in this litigation and otherwise satisfies the requirements of Fed. R. Civ. P. 23. Justin Dice's selection of counsel is approved, and accordingly, The Rosen Law Firm, P.A. is appointed Lead Counsel. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/05/2015) Filed In Associated Cases: 1:15-cv-00506-AJN, 1:15-cv-00572-AJN (ama) [Transferred from New York Southern on 7/15/2015.] (Entered: 05/06/2015) 05/15/2015 22 MOTION to Transfer Case under 28 U.S.C. Section 1404(a) to the United States District
Court for the Eastern District of North Carolina. Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Attachments: # 1 Text of Proposed Order)(Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 05/15/2015) 05/15/2015 23 MEMORANDUM OF LAW in Support re: 22 MOTION to Transfer Case under 28 U.S.C. Section 1404(a) to the United States District Court for the Eastern District of North Carolina.. Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 05/15/2015) 05/15/2015 24 DECLARATION of Diana Allen in Support re: 22 MOTION to Transfer Case under 28 U.S.C. Section 1404(a) to the United States District Court for the Eastern District of North Carolina.. Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 05/15/2015) 06/01/2015 25 NOTICE OF APPEARANCE by Erica Lauren Stone on behalf of Justin Dice. (Stone, Erica) [Transferred from New York Southern on 7/15/2015.] (Entered: 06/01/2015) 06/01/2015 26 MEMORANDUM OF LAW in Opposition re: 22 MOTION to Transfer Case under 28 U.S.C. Section 1404(a) to the United States District Court for the Eastern District of North Carolina.. Document filed by Justin Dice. (Attachments: # 1 Declaration of Erica L. Stone, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Stone, Erica) [Transferred from New York Southern on 7/15/2015.] (Entered: 06/01/2015) 06/01/2015 27 ORDER: No later than Wednesday, June 3, 2015, Plaintiffs shall submit a letter to the Court indicating that (1) they do not oppose the motion or (2) they oppose the motion. If the Plaintiffs oppose the motion, but do not intend to file an opposition brief, they shall so indicate; if the Plaintiffs oppose the motion and would like a deadline extension to file an opposition brief, they must demonstrate in their letter that their pursuit of this action has been diligent and that there is good cause for extending the deadline. If the Plaintiffs do not oppose the motion or if they fail to submit any letter to the Court by Wednesday, June 3, 2015, the Court will grant the motion as unopposed. (Signed by Judge Alison J. Nathan on 6/1/2015) (kgo) [Transferred from New York Southern on 7/15/2015.] (Entered: 06/01/2015) 06/02/2015 28 LETTER addressed to Judge Alison J. Nathan from Erica L. Stone dated June 2, 2015 re: Order from June 1, 2015, Dkt. No. 27. Document filed by Justin Dice.(Stone, Erica) [Transferred from New York Southern on 7/15/2015.] (Entered: 06/02/2015) 06/08/2015 29 RESPONSE in Support of Motion re: 22 MOTION to Transfer Case under 28 U.S.C. Section 1404(a) to the United States District Court for the Eastern District of North Carolina.. Document filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) [Transferred from New York Southern on 7/15/2015.] (Entered: 06/08/2015) 07/02/2015 30 MEMORANDUM AND ORDER. For the reasons stated above, Defendants' motion to transfer this case to the Eastern District of North Carolina pursuant to 28 U.S.C. 1404(a) is GRANTED. This resolves Dkt. No. 22. The Clerk of Court is directed to transfer this case accordingly. Granting 22 Motion to Transfer Case. (Signed by Judge Alison J. Nathan on 7/2/2015) (rjm) [Transferred from New York Southern on 7/15/2015.] (Entered: 07/02/2015)
07/02/2015 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of North Carolina. (rjm) [Transferred from New York Southern on 7/15/2015.] (Entered: 07/09/2015) 07/15/2015 31 Case transferred in from District of New York Southern; Case Number 1:15-cv-00506. Original file certified copy of transfer order and docket sheet received. (Entered: 07/15/2015) 07/15/2015 Case Assigned to Senior Judge James C. Fox. (Rudd, D.) (Entered: 07/15/2015) 07/16/2015 32 Notice of Appearance filed by Donald H. Tucker, Jr on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Tucker, Donald) (Entered: 07/16/2015) 07/16/2015 33 Notice of Appearance filed by Clifton L. Brinson on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Brinson, Clifton) (Entered: 07/16/2015) 07/17/2015 34 NOTICE TO PARTIES Regarding Transfer of Case to the Eastern District of North Carolina. Copy sent to C. Brinson and D. Tucker via electronic notification and to all other attorneys via US Mail. (Grady, B.) (Entered: 07/17/2015) 07/17/2015 NOTICE TO COUNSEL - Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Grady, B.) (Entered: 07/17/2015) 07/20/2015 35 FINANCIAL DISCLOSURE STATEMENT by Channeladvisor Corporation. (Tucker, Donald) (Entered: 07/20/2015) 07/20/2015 36 FINANCIAL DISCLOSURE STATEMENT by David Spitz. (Tucker, Donald) (Entered: 07/20/2015) 07/20/2015 37 FINANCIAL DISCLOSURE STATEMENT by John Baule. (Tucker, Donald) (Entered: 07/20/2015) 07/20/2015 38 FINANCIAL DISCLOSURE STATEMENT by Scot Wingo. (Tucker, Donald) (Entered: 07/20/2015) 07/29/2015 39 Notice of Appearance filed by Lyle Roberts on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) (Entered: 07/29/2015) 07/29/2015 40 Notice of Appearance filed by George E. Anhang on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Anhang, George) (Entered: 07/29/2015) 07/29/2015 41 Notice of Appearance filed by Dana Moss on behalf of John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Moss, Dana) (Entered: 07/29/2015) 07/31/2015 42 Notice of Appearance filed by Brooke Albert Howard on behalf of All Plaintiffs. (Howard, Brooke) (Entered: 07/31/2015) 07/31/2015 43 FINANCIAL DISCLOSURE STATEMENT by Justin Dice, David A. Garcia (Howard, Brooke) (Entered: 07/31/2015) 07/31/2015 44 Joint MOTION to Set Schedule for Filing of Lead Plaintiff's Consolidated Amended
Complaint and Defendants' Response Thereto filed by Justin Dice, David A. Garcia. (Attachments: # 1 Text of Proposed Order) (Howard, Brooke) (Entered: 07/31/2015) 07/31/2015 Notice to Counsel regarding: 42 Notice of Appearance - Attorney James Roberts will not receive electronic notifications for this case unless he files his own notice of appearance. See Section F(7) of the CM/ECF Policies and Procedures Manual for a detailed explanation. (Grady, B.) (Entered: 07/31/2015) 07/31/2015 45 Notice of Appearance filed by James A. Roberts, III on behalf of All Plaintiffs. (Roberts, James) (Entered: 07/31/2015) 08/03/2015 Motion Submitted to Senior Judge James C. Fox: 44 Joint MOTION to Set Schedule for Filing of Lead Plaintiff's Consolidated Amended Complaint and Defendants' Response Thereto. (Grady, B.) (Entered: 08/03/2015) 08/03/2015 46 Mail sent to Phillip Kim returned as undeliverable - 34 Notice. (Grady, B.) (Entered: 08/04/2015) 08/05/2015 47 ORDER granting 44 Joint Motion to Set Schedule for Filing of Lead Plaintiff's Consolidated Amended Complaint and Defendants' Response Thereto. WHEREFORE, it is hereby ORDERED that (i) Lead Plaintiff will file a Consolidated Amended Complaint not later than 8/27/2015; (ii) Defendants will file their Motion to Dismiss the Consolidated Amended Complaint not later than 9/28/2015; (iii) Lead Plaintiff will file an Opposition to Defendants' Motion to Dismiss not later than 10/28/2015; and (iv) Defendants will file their Reply in Support of the Motion to Dismiss not later than 11/17/2015.Signed by Senior Judge James C. Fox on 8/5/2015. (Grady, B.) (Entered: 08/05/2015) 08/18/2015 48 Notice of Appearance filed by Jacob A. Goldberg on behalf of Justin Dice. (Goldberg, Jacob) (Entered: 08/18/2015) 08/27/2015 49 AMENDED COMPLAINT Consolidated Amended Class Action Complaint for Violation of the Federal Securities Laws against All Defendants, filed by Justin Dice. (Attachments: # 1 Supplement PSLRA Certification of Justin Dice, # 2 Supplement PSLRA Certification of Faour Clement) (Goldberg, Jacob) (Entered: 08/27/2015) 09/28/2015 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) (Entered: 09/28/2015) 09/28/2015 51 Memorandum in Support regarding 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) (Entered: 09/28/2015) 09/28/2015 52 Declaration regarding 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit Ex. 1-2013 Form 10-K, # 3 Exhibit Ex. 2-2014 Form 10- K, # 4 Exhibit Ex. 3 - Nov. 6, 2014 Press Release, # 5 Exhibit Ex. 4 - Nov. 6, 2014 Earnings Call Transcript, # 6 Exhibit Ex. 5 - Nov. 6, 2014 Form 10-Q, # 7 Exhibit Ex. 6 - Jan. 12, 2015 Press Release, # 8 Exhibit Ex. 7 - Jan. 12, 2015 Earnings Call Transcript) (Roberts, Lyle) (Entered: 09/28/2015) 09/28/2015 53 Notice filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo regarding 51 Memorandum in Support Appendix of Unpublished Cases. (Attachments: # 1
Exhibit Tab 1 - Bondali, # 2 Exhibit Tab 2 - Marsh, # 3 Exhibit Tab 3 - Witthohn) (Roberts, Lyle) (Entered: 09/28/2015) 10/28/2015 54 Memorandum in Opposition regarding 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Justin Dice. (Attachments: # 1 Appendix of Unpublished Opinion) (Goldberg, Jacob) (Entered: 10/28/2015) 10/30/2015 REMINDER TO COUNSEL. Pursuant to Judge Fox's Practice Preferences located on the court's website, counsel shall provide a courtesy copy of lengthy briefs, by mailing or delivering to the clerk's office in Wilmington. (Grady, B.) (Entered: 10/30/2015) 11/17/2015 55 REPLY to Response regarding 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Baule, Channeladvisor Corporation, David Spitz, Scot Wingo. (Roberts, Lyle) Modified on 11/18/2015 to correct docket text. (Grady, B.) (Entered: 11/17/2015) 11/18/2015 Motion Submitted to Senior Judge James C. Fox: 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Grady, B.) (Entered: 11/18/2015) 04/06/2016 56 ORDER granting 50 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge James C. Fox on 4/6/2016. (Grady, B.) (Entered: 04/06/2016) 04/06/2016 57 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that Defendants' Motion to Dismiss [DE-50] is ALLOWED. All claims against Defendants are DISMISSED. The Clerk of Court is DIRECTED to close this case. Signed by Deputy Clerk Jacqueline B. Grady on behalf of Julie Richards Johnston, Clerk of Court, on 4/6/2016. (Grady, B.) (Entered: 04/06/2016) 04/29/2016 58 Notice of Appeal filed by Justin Dice as to 56 Order on Motion to Dismiss for Failure to State a Claim, 57 Judgment,. Filing fee, receipt number 0417-3666176. (Goldberg, Jacob) (Entered: 04/29/2016) 05/02/2016 59 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding 58 Notice of Appeal. (Tripp, S.) (Entered: 05/02/2016) 05/03/2016 60 US Court of Appeals Case Number 16-1495 (Anisha Walker, Case Manager) as to 58 Notice of Appeal filed by Justin Dice. (Tripp, S.) (Entered: 05/03/2016) 11/30/2016 61 Unpublished Opinion from Fourth Circuit Court of Appeals. AFFIRMED. (Castania, M.) (Entered: 11/30/2016) 11/30/2016 62 US Court of Appeals Judgment as to 58 Notice of Appeal filed by Justin Dice. (Castania, M.) (Entered: 11/30/2016) 12/22/2016 63 MANDATE of US Court of Appeals (certified copy) as to 58 Notice of Appeal filed by Justin Dice - The judgment of this court, entered 11/30/2016, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Tripp, S.) (Entered: 12/22/2016) 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