US District Court Civil Docket as of May 24, 2018 Retrieved from the court on May 24, 2018 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:17-cv-05844-VSB Garcia v. Bankrate, Inc. et al Assigned to: Judge Vernon S. Broderick Related Case: 1:17-cv-05877-VSB Cause: 15:78m(a) Securities Exchange Act Plaintiff Jose Garcia Date Filed: 08/02/2017 Date Terminated: 09/11/2017 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by James Milligan Wilson, Jr. Faruqi & Faruqi, LLP 685 Third Avenue 26th Floor New York, NY 10017 212-983-9330 Fax: 212-983-9331 Email: jwilson@faruqilaw.com ATTORNEY TO BE NOTICED Juan Eneas Monteverde Faruqi & Faruqi, LLP 685 Third Avenue 26th Floor New York, NY 10017 (212)-983-9330 Fax: (212)-983-9331 Email: jmonteverde@monteverdelaw.com ATTORNEY TO BE NOTICED V. Bankrate, Inc. Peter C. Morse Kenneth S. Esterow
Seth Brody Michael J. Kelly Sree Kotay Christine Petersen Richard Pinola Mitch Truwit Date Filed # Docket Text 08/02/2017 1 COMPLAINT against Bankrate, Inc., Seth Brody, Kenneth S. Esterow, Michael J. Kelly, Sree Kotay, Peter C. Morse, Christine Petersen, Richard Pinola, Mitch Truwit. (Filing Fee $ 400.00, Receipt Number 0208-13970287)Document filed by Jose Garcia. (Attachments: # 1 Certification of Proposed Lead Plaintiff)(Monteverde, Juan) (Entered: 08/02/2017) 08/02/2017 2 CIVIL COVER SHEET filed. (Monteverde, Juan) (Entered: 08/02/2017) 08/02/2017 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bankrate, Inc., Peter C. Morse, Kenneth S. Esterow, Seth Brody, Michael J. Kelly, Sree Kotay, Christine Petersen, Richard Pinola, Mitch Truwit, re: 1 Complaint,. Document filed by Jose Garcia. (Monteverde, Juan) (Entered: 08/02/2017) 08/03/2017 4 ELECTRONIC SUMMONS ISSUED as to Bankrate, Inc., Seth Brody, Kenneth S. Esterow, Michael J. Kelly, Sree Kotay, Peter C. Morse, Christine Petersen, Richard Pinola, Mitch Truwit. (rch) (Entered: 08/03/2017) 08/03/2017 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/district. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (rch) (Entered: 08/03/2017) 08/03/2017 Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (rch) (Entered: 08/03/2017)
08/03/2017 Case Designated ECF. (rch) (Entered: 08/03/2017) 08/22/2017 5 MOTION for Preliminary Injunction. Document filed by Jose Garcia. (Attachments: # 1 Text of Proposed Order)(Monteverde, Juan) (Entered: 08/22/2017) 08/22/2017 6 MEMORANDUM OF LAW in Support re: 5 MOTION for Preliminary Injunction.. Document filed by Jose Garcia. (Monteverde, Juan) (Entered: 08/22/2017) 08/22/2017 7 DECLARATION of Juan E. Monteverde in Support re: 5 MOTION for Preliminary Injunction.. Document filed by Jose Garcia. (Attachments: # 1 Exhibit 1)(Monteverde, Juan) (Entered: 08/22/2017) 08/22/2017 8 MOTION To Shorten Briefing Schedule re: 5 MOTION for Preliminary Injunction.., MOTION for Hearing re: 5 MOTION for Preliminary Injunction. Motion for Expedited Hearing. Document filed by Jose Garcia. (Attachments: # 1 Text of Proposed Order)(Monteverde, Juan) (Entered: 08/22/2017) 08/23/2017 9 ORDER. It is hereby ORDERED that Case No. 17-CV-5877 be consolidated with and into 17-CV-5844. IT IS FURTHER ORDERED that all future filings shall use the docket of the first-filed case, Case No. 17-CV-5844, and the caption listed in this Order. The Clerk of Court is respectfully directed to consolidate Case No. 17-CV- 5877 with and into Case No. 17-CV-5844. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/23/2017). Filed In Associated Cases: 1:17-cv-05844-VSB, 1:17-cv- 05877-VSB (rjm) (Entered: 08/23/2017) 08/23/2017 10 CERTIFICATE OF SERVICE of Motion for Preliminary Injunction, Motion to Shorten Briefing Schedule and for Expedited Hearing, and supporting documents served on Bankrate, Inc., Peter C. Morse, Kenneth S. Esterow, Seth Brody, Michael J. Kelly, Sree Kotay, Christine Petersen, Richard Pinola, and Mitch Truwit on 8/23/17. Service was accepted by Bradley R. Wilson, Attorney for s. Document filed by Jose Garcia. (Monteverde, Juan) (Entered: 08/23/2017) 08/23/2017 11 ORDER TO SHORTEN BRIEFING SCHEDULE AND FOR EXPEDITED HEARING ON PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION. It is hereby ORDERED that Plaintiff's Motion to Shorten Briefing Schedule and for Expedited Hearing on Plaintiff's Motion for a Preliminary Injunction is GRANTED. IT IS FURTHER ORDERED that, given that an affidavits of service have yet to be filed, Plaintiff file the affidavits of service for the Complaint and the motion papers immediately. IT IS FURTHER ORDERED s shall file and serve any response to Plaintiff's Motion for a Preliminary Injunction and any supporting papers by September 1, 2017. Plaintiff shall file and serve his Reply and any supporting papers by September 6, 2017. A hearing on Plaintiff's Motion for a Preliminary Injunction is scheduled for September 8, 2017 at 10:30am. SO ORDERED. Granting (8) MOTION in case 1:17-cv-05844-VSB To Shorten Briefing Schedule re: 5 MOTION for Preliminary Injunction. MOTION for Hearing re: 5 MOTION for Preliminary Injunction. Motion for Expedited Hearing. Document filed by Jose Garcia. (Responses due by 9/1/2017. Replies due by 9/6/2017. Motion Hearing set for 9/8/2017 at 10:30 AM before Judge Vernon S. Broderick). (Signed by Judge Vernon S. Broderick on 8/23/2017) Filed In Associated Cases: 1:17-cv-05844-VSB, 1:17-cv- 05877-VSB (rjm) (Entered: 08/23/2017) 08/31/2017 12 NOTICE of Withdrawal of Plaintiff's Motion for Preliminary Injunction re: (5 in 1:17-cv-05844-VSB) MOTION for Preliminary Injunction.. Document filed by Jose
Garcia. Filed In Associated Cases: 1:17-cv-05844-VSB, 1:17-cv-05877-VSB(Wilson, James) (Entered: 08/31/2017) 08/31/2017 13 CERTIFICATE OF SERVICE of Notice of Withdrawal of Plaintiff's Motion for Preliminary Injunction on 08/31/2017. Document filed by Jose Garcia. Filed In Associated Cases: 1:17-cv-05844-VSB, 1:17-cv-05877-VSB(Wilson, James) (Entered: 08/31/2017) 09/05/2017 14 MEMO ENDORSEMENT on 12 NOTICE of Withdrawal of Plaintiff's Motion for Preliminary Injunction in 1:17-cv-05844-VSB; 28 NOTICE of Withdrawal of Plaintiff's Motion for Preliminary Injunction in 1:17-cv-05877-VSB withdrawing (5) Motion for Preliminary Injunction in case 1:17-cv-05844-VSB. ENDORSEMENT: The September 8, 2017 hearing is terminated. Plaintiff appears to state that the issues raised in the Complaint have been resolved. As such, on or before September 8, 2017, Plaintiff is instructed to either (1) submit a stipulation of dismissal; or (2) file a letter providing an update with respect to any remaining issues to be resolved. (Signed by Judge Vernon S. Broderick on 9/5/2017) Filed In Associated Cases: 1:17-cv-05844- VSB, 1:17-cv-05877-VSB, as per Chambers. (mro) Modified on 9/6/2017 (mro). (Entered: 09/05/2017) 09/05/2017 15 MEMO ENDORSEMENT on re: 12 Notice (Other), filed by Jose Garcia. ENDORSEMENT: The September 8, 2017 hearing is terminated. Plaintiff appears to state that the issues raised in the Complaint have been resolved. As such, on or before September 8, 2017, Plaintiff is instructed to either (1) submit a stipulation of dismissal; or (2) file a letter providing an update with respect to any remaining issues to be resolved. So Ordered. (Signed by Judge Vernon S. Broderick on 9/5/17) (yv) (Entered: 09/05/2017) 09/11/2017 16 STIPULATION TO DISMISS ACTION AS MOOT AND RETAINING JURISDICTION TO DETERMINE PLAINTIFF'S COUNSEL'S POTENTIAL APPLICATION FOR FEES AND EXPENSES: NOW, THEREFORE, IT IS STIPULATED AND AGREED by the undersigned parties, through their attorneys and subject to the Court's approval, that: 1. Notice is hereby given that pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, Plaintiff voluntarily dismisses this action as moot. 2. The claims pleaded in the Complaint are dismissed with prejudice as to Plaintiff and without prejudice as to the unnamed members of the putative class. 3. This Court shall retain jurisdiction over the parties in the Action solely for the purpose of adjudicating the prospective Fee and Expense Application, should such an application prove necessary. 4. This Order is entered without prejudice to any defense or arguments any party may assert with respect to the Fee and Expense Application or any matter related thereto, which includes s' right to challenge the basis for, as well as the amount of, the Fee and Expense Application. (Signed by Judge Vernon S. Broderick on 9/11/2017) (jwh) (Entered: 09/11/2017) 04/03/2018 17 ORDER: To date, neither Plaintiff has filed an application for fees and expenses. Accordingly, it is hereby: ORDERED that the parties in both actions submit a joint letter on or before April 13, 2018 informing the Court of the status of negotiations concerning the amount of attorneys' fees and expenses, if any, to be paid to Plaintiffs' counsel, and as further set forth in this order. (Docketed in 17cv5877 and 17cv5844) (Signed by Judge Vernon S. Broderick on 4/3/2018) (ap) (Entered: 04/03/2018)
04/13/2018 18 NOTICE OF APPEARANCE by James Milligan Wilson, Jr on behalf of Jose Garcia. (Wilson, James) (Entered: 04/13/2018) 04/13/2018 19 NOTICE of Filing Responding to the Court's April 3, 2018 Order. Document filed by Jose Garcia. (Attachments: # 1 Status Letter)(Wilson, James) (Entered: 04/13/2018) 04/17/2018 20 MEMO ENDORSEMENT on re: (35 in 1:17-cv-05877-VSB) LETTER addressed to Judge Vernon S. Broderick from Timothy J. MacFall dated April 13, 2017 re: Status Update. Document filed by Robert Berg. ENDORSEMENT: Application granted. So ordered. (Signed by Judge Vernon S. Broderick on 4/17/2018) (rjm) (Entered: 04/17/2018) 05/23/2018 21 LETTER addressed to Judge Vernon S. Broderick from Timothy J. MacFall, Esq. dated May 23, 2018 re: Status Update. Document filed by Jose Garcia.(MacFall, Timothy) (Entered: 05/23/2018) 05/24/2018 22 MEMO ENDORSEMENT on re: 21 Letter filed by Jose Garcia. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/24/2018) (rro) (Entered: 05/24/2018) 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