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US District Court Civil Docket as of September 26, 2017 Retrieved from the court on September 26, 2017
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:14-cv-01956-GHK-PJW
Bangzheng Chen v. Cytrx Corporation et al Assigned to: Judge George H. King Referred to: Magistrate Judge Patrick J. Walsh Related Cases: 2:14-cv-03406-GHK-PJW
2:14-cv-02052-GHK-PJW
2:14-cv-02689-GHK-PJW
2:14-cv-06451-GHK-PJW
2:14-cv-06414-GHK-PJW
Cause: 15:78m(a) Securities Exchange Act
Date Filed: 03/14/2014 Date Terminated: 05/18/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
Plaintiff Bangzheng Chen Individually and on behalf of all others similarly situated
represented by Laurence M Rosen The Rosen Law Firm PA 355 South Grand Avenue Suite 2450 Los Angeles, CA 90071 213-785-2610 Fax: 213-226-4684 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Ramzi Abadou Kahn Swick and Foti LLP 912 Cole Street Suite 251 San Francisco, CA 94117 504-455-1400 Fax: 504-455-1498 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Consol Plaintiff Deepak Gupta represented by Ramzi Abadou
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexander L Burns Kahn Swick and Foti LLC 206 Covington Street Madisonville, LA 70447 504-455-1400 Fax: 504-455-1438 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Elaine Chang Glancy Prongay and Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED Lionel Zevi Glancy Glancy Prongay and Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED Melinda A Nicholson Kahn Swick and Foti LLC 206 Covington Street Madisonville, LA 70447 504-455-1400 Fax: 504-455-1438 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Michael J Palestina Kahn Swick and Foti LLC 206 Covington Street Madisonville, LA 70447 504-455-1400 Fax: 504-455-1438 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Vincent Prongay Glancy Prongay and Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED
Consol Plaintiff Victor Perri Individually and on Behalf of All Others Similarly Situted
represented by Elaine Chang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Howard G Smith Law Offices of Howard G Smith 3070 Bristol Pike Suite 112 Bensalem, PA 19020 215-638-4847 Fax: 215-638-4867 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Lionel Zevi Glancy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ramzi Abadou (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Vincent Prongay (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael M Goldberg Goldberg Law PC 3700 The Strand Manhattan Beach, CA 90266 800-977-7401 Fax: 800-536-0065 Email: [email protected] TERMINATED: 07/31/2015 ATTORNEY TO BE NOTICED
Consol Plaintiff Hyun Dong Kim Individually and on Behalf of All Others Similarly Situated
represented by Lionel Zevi Glancy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ramzi Abadou (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Vincent Prongay (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael M Goldberg (See above for address) TERMINATED: 07/31/2015 ATTORNEY TO BE NOTICED
V.
Movant Mitchell Kahn represented by Ramzi Abadou
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Patrice L Bishop Stull Stull and Brody 9430 West Olympic Boulevard Suite 400 Beverly Hills, CA 90212 310-209-2468 Fax: 310-209-2087 Email: [email protected] ATTORNEY TO BE NOTICED
Movant Brent Reed represented by Ramzi Abadou
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Patrice L Bishop (See above for address) ATTORNEY TO BE NOTICED
Movant
Gordon Niedermayer represented by Ramzi Abadou (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Patrice L Bishop (See above for address) ATTORNEY TO BE NOTICED
Movant Michael D Gore represented by Evan Jason Smith
Brodsky and Smith LLC 9595 Wilshire Boulevard Suite 900 Beverly Hills, CA 90212 877-534-2590 Fax: 310-247-0160 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Ramzi Abadou (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant Kisuk Cho represented by Laurence M Rosen
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ramzi Abadou (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant John Corbitt represented by Elaine Chang
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lionel Zevi Glancy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ramzi Abadou (See above for address) LEAD ATTORNEY
ATTORNEY TO BE NOTICED Robert Vincent Prongay (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael M Goldberg (See above for address) TERMINATED: 07/31/2015 ATTORNEY TO BE NOTICED
V.
Movant The CytRx Investor Group represented by Peter E Borkon
Hagens Berman Sobol Shapiro 715 Hearst Ave Ste 202 Berkeley, CA 94710 (510) 725-3000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Reed R Kathrein Hagen Berman Sobol Shapiro LLP 715 Hearst Avenue Suite 202 Berkeley, CA 94710 510-725-3000 Fax: 510-725-3001 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Betsy C Manifold Wolf Haldenstein Adler Freeman and Herz LLP 750 B Street Suite 2770 San Diego, CA 92101 619-239-4599 Fax: 619-234-4599 Email: [email protected] ATTORNEY TO BE NOTICED
Movant CytRx Investor Group II represented by Peter E Borkon
(See above for address) ATTORNEY TO BE NOTICED
Movant
CytRx Investor Group II
V.
Defendant Cytrx Corporation represented by Alexander Robert Safyan
Crone Hawxhurst LLP 11111 Santa Monica Boulevard Suite 620 Los Angeles, CA 90025 310-893-5150 Fax: 310-893-5195 Email: [email protected] ATTORNEY TO BE NOTICED Clifford H Pearson Pearson Simon Warshaw LLP 15165 Ventura Boulevard Suite 400 Sherman Oaks, CA 91403 818-788-8300 Fax: 818-788-8104 Email: [email protected] ATTORNEY TO BE NOTICED Thomas Jerome Nolan Latham and Watkins LLP 355 South Grand Avenue Suite 100 Los Angeles, CA 90071 213-485-1234 Fax: 213-891-8763 Email: [email protected] TERMINATED: 03/06/2015 ATTORNEY TO BE NOTICED
Defendant Steven A. Kriegsman represented by Allen L Lanstra
Skadden Arps Slate Meagher and Flom LLP 300 South Grand Avenue Suite 3400 Los Angeles, CA 90071 213-687-5000 Fax: 213-687-5600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Bradley Morrison Skadden Arps Slate Meagher and Flom LLP 300 South Grand Avenue Suite 3400 Los Angeles, CA 90071
213-687-5000 Fax: 213-687-5600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Alexander Robert Safyan (See above for address) TERMINATED: 03/09/2015 ATTORNEY TO BE NOTICED Clifford H Pearson (See above for address) TERMINATED: 03/09/2015 ATTORNEY TO BE NOTICED Thomas Jerome Nolan (See above for address) ATTORNEY TO BE NOTICED
Defendant The Dreamteamgroup TERMINATED: 05/29/2014
Defendant MissionIR TERMINATED: 05/29/2014
Defendant John Y. Caloz represented by Thomas Jerome Nolan
(See above for address) LEAD ATTORNEY
Defendant David J. Haen represented by Thomas Jerome Nolan
(See above for address) LEAD ATTORNEY
Defendant Louis J. Ignarro represented by Thomas Jerome Nolan
(See above for address) LEAD ATTORNEY
Defendant Max E. Link
Defendant
Joseph Rubinfeld represented by Thomas Jerome Nolan (See above for address) LEAD ATTORNEY
Defendant Marvin R. Selter TERMINATED: 07/13/2015
represented by Thomas Jerome Nolan (See above for address) LEAD ATTORNEY
Defendant Richard L. Wennekamp represented by Thomas Jerome Nolan
(See above for address) LEAD ATTORNEY
Defendant Thomas Michael Meyer represented by Steven M Goldsobel
Law Office of Steven M Goldsobel APC 1901 Avenue of the Stars Suite 1750 Los Angeles, CA 90067 310-552-4848 Fax: 310-695-3860 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael H Sugarman Law Office of Steven Goldsobel APC 1900 Avenue of the Stars Suite 1800 Los Angeles, CA 90067 310-552-4848 Fax: 310-552-9291 Email: [email protected] TERMINATED: 01/26/2015
Defendant Jefferies LLC represented by Charlene Sachi Shimada
Morgan Lewis and Bockius LLP One Market Street Spear Street Tower San Francisco, CA 94105 (415) 442-1000 Fax: (415) 442-1001 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Lucy Han Wang Morgan Lewis and Bockius LLP One Market, Spear Street Tower
San Francisco, CA 94105 415-442-1132 Fax: 415-442-1001 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED John Warren Rissier Morgan Lewis and Bockius LLP 355 South Grand Avenue Suite 4400 Los Angeles, CA 90071-3106 213-680-6400 Fax: 213-680-6499 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant Oppenheimer & Co., Inc. represented by Charlene Sachi Shimada
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Warren Rissier (See above for address) ATTORNEY TO BE NOTICED
Defendant Aegis Capital Corporation represented by Charlene Sachi Shimada
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lucy Han Wang (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Warren Rissier (See above for address) ATTORNEY TO BE NOTICED
Defendant H.C. Wainwright & Co., LLC represented by Charlene Sachi Shimada
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lucy Han Wang (See above for address) LEAD ATTORNEY
ATTORNEY TO BE NOTICED John Warren Rissier (See above for address) ATTORNEY TO BE NOTICED
Defendant David J Haen
Defendant Shirley Selter represented by Thomas Jerome Nolan
(See above for address) LEAD ATTORNEY
Interested Party Kannan Rajasekaran
Date Filed # Docket Text
03/14/2014 1 CLASS ACTION COMPLAINT against Defendants Cytrx Corporation, Steven A. Kriegsman, MissionIR, The Dreamteamgroup.Case assigned to Judge George H. King for all further proceedings. Discovery referred to Magistrate Judge Patrick J Walsh.(Filing fee $ 400:PAID) Jury Demanded., filed by plaintiff Bangzheng Chen.(ghap) Modified on 3/18/2014 (ghap). (Additional attachment(s) added on 3/25/2014: # 1 Notice of Assignment) (mg). (Entered: 03/18/2014)
03/14/2014 21 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendants Cytrx Corporation, Steven A. Kriegsman, MissionIR, The Dreamteamgroup. (ghap) (Entered: 03/18/2014)
03/14/2014 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Bangzheng Chen. (ghap) (mg). (Entered: 03/18/2014)
03/24/2014 3 CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 3/24/14 addressed to [email protected]. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Judge for further proceedings. (mg) (Entered: 03/24/2014)
03/24/2014 4 ORDER RE: CASE MANAGEMENT (REVISED AS OF MAY 2012) READ IMMEDIATELY. This case has been assigned to the calendar of Chief Judge George H. King. The court fully adheres to Rule 1 of the Federal Rules of Civil Procedure, which requires that the Rules be "construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding."Counsel shall also be guided by the following special requirements, some of which are more specific than those set out in the Local Rules. (jp) (Entered: 03/24/2014)
03/25/2014 5 Pursuant to Local Rule 3-2, the following PDF documents were received on 3/24/14, and attached to the Court's docket on 3/25/14: initiating documents. (mg) (Entered: 03/25/2014)
03/31/2014 6 PROOF OF SERVICE Executed by Plaintiff Bangzheng Chen, upon Defendant Cytrx Corporation served on 3/24/2014, answer due 4/14/2014. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons returned. (Rosen, Laurence) (Entered: 03/31/2014)
04/11/2014 7 STIPULATION Extending Time to Answer the complaint as to Steven A. Kriegsman answer now due 5/23/2014; Cytrx Corporation answer now due 5/23/2014, re Service of Summons and Complaint Returned Executed (21 days), 6 , Complaint - (Discovery), 1 filed by Defendants Steven A. Kriegsman; Cytrx Corporation.(Attorney Thomas Jerome Nolan added to party Cytrx Corporation(pty:dft), Attorney Thomas Jerome Nolan added to party Steven A. Kriegsman(pty:dft))(Nolan, Thomas) (Entered: 04/11/2014)
05/07/2014 8 Joint STIPULATION for Extension of Time to File Answer to Until After Appointment of A Lead Plaintiff and After the Filing by Such Lead Plaintiff of a Consolidated Complaint re Complaint - (Discovery), 1 filed by Defendants Cytrx Corporation, Steven A. Kriegsman. (Attachments: # 1 [Proposed] Order Extending Time to Respond to Complaint)(Nolan, Thomas) (Entered: 05/07/2014)
05/12/2014 9 ORDER EXTENDING TIME TO RESPOND TO COMPLAINT 8 re by Judge George H. King. (See attached document for changes made by the court.) (lom) (Entered: 05/12/2014)
05/13/2014 10 [DOCUMENT WITHDRAWN PURSUANT TO NOTICE OF WITHDRAWAL E-FILED 6/11/2014] - NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, 2:14-CV-03406,, MOTION for Order for GRANTING MOTION OF THE KAHN INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL ( Motion set for hearing on 6/16/2014 at 09:30 AM before Judge George H. King.) filed by Lead Plaintiff Movant Mitchell Kahn, Brent Reed, Gordon Niedermayer. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING MOTION OF THE KAHN INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL)(Attorney Patrice L Bishop added to party Mitchell Kahn(pty:mov), Attorney Patrice L Bishop added to party Brent Reed(pty:mov), Attorney Patrice L Bishop added to party Gordon Niedermayer(pty:mov))(Bishop, Patrice) Modified on 6/12/2014 (shb). (Entered: 05/13/2014)
05/13/2014 11 MEMORANDUM in Support of MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, 2:14-CV-03406, MOTION for Order for GRANTING MOTION OF THE KAHN INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL 10 filed by Movants Mitchell Kahn, Gordon Niedermayer, Brent Reed. (Bishop, Patrice) (Entered: 05/13/2014)
05/13/2014 12 DECLARATION of Thomas J. McKenna in support of MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, 2:14-CV-03406, MOTION for Order for GRANTING MOTION OF THE KAHN INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL 10 filed by Movants Mitchell Kahn, Gordon Niedermayer, Brent Reed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bishop, Patrice) (Entered: 05/13/2014)
05/13/2014 13 OF SERVICE filed by Lead Plaintiff Movant Mitchell Kahn, Gordon Niedermayer, Brent Reed, re MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, 2:14-CV-03406, MOTION for Order for GRANTING MOTION OF THE KAHN INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL 10 , Memorandum in Support of Motion, 11 , Declaration (Motion related),, 12 and [Proposed] Order served on May 13, 2014. (Bishop, Patrice) (Entered: 05/13/2014)
05/13/2014 14 NOTICE OF MOTION AND MOTION for Order for Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by movant The CytRx Investor Group. Motion set for hearing on 6/16/2014 at 09:30 AM before Judge George H. King. (Attachments: # 1 Memorandum of Points and Authorities In Support Thereof, # 2 Proposed Order Thereon)(Attorney Betsy C Manifold added to party The CytRx Investor Group(pty:bkmov))(Manifold, Betsy) (Entered: 05/13/2014)
05/13/2014 15 DECLARATION of Betsy C. Manifold in support of MOTION for Order for Appointment as Lead Plaintiff and Approval of Selection of Counsel 14 filed by Movant The CytRx Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Manifold, Betsy) (Entered: 05/13/2014)
05/13/2014 16 [MOTION WITHDRAWN PURSUANT TO NOTICE OF WITHDRAWAL E-FILED 6/12/2014] - NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 14-2052, 14-2689, 14-3406, filed by Movant Michael D Gore. Motion set for hearing on 6/16/2014 at 09:00 AM before Judge George H. King. (Attachments: # 1 Proposed Order, # 2 Declaration of Evan Smith in support of motion to consolidate and appoint lead plaintiff and lead and liaison counsel)(Attorney Evan Jason Smith added to party Michael D Gore(pty:bkmov))(Smith, Evan) Modified on 6/13/2014 (shb). (Entered: 05/13/2014)
05/13/2014 17 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 14-2052, 14-2689, filed by Movant CytRx Investor Group II. Motion set for hearing on 6/16/2014 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Attorney Peter E Borkon added to party CytRx Investor Group II(pty:bkmov))(Borkon, Peter) (Entered: 05/13/2014)
05/13/2014 18 MEMORANDUM in Support of MOTION to Consolidate Cases, as to 14-2052, 14-2689, 17 filed by Movant CytRx Investor Group II. (Borkon, Peter) (Entered: 05/13/2014)
05/13/2014 19 DECLARATION of Peter E. Borkon MOTION to Consolidate Cases, as to 14-2052, 14-2689, 17 filed by Movant CytRx Investor Group II. (Attachments: # 1 Exhibit A,
# 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Borkon, Peter) (Entered: 05/13/2014)
05/13/2014 20 NOTICE OF MOTION AND MOTION for Appointment of Counsel The Rosen Law Firm and Lead Plaintiff ( Motion set for hearing on 6/16/2014 at 09:30 AM before Judge George H. King.), MOTION to Consolidate Cases k cho. (Attachments: # 1 Proposed Order)(Attorney Laurence M Rosen added to party k cho(pty:mov))(Rosen, Laurence) (Entered: 05/13/2014)
05/13/2014 21 MEMORANDUM in Support of MOTION for Appointment of Counsel The Rosen Law Firm and Lead Plaintiff MOTION to Consolidate Cases 20 filed by Movant k cho. (Rosen, Laurence) (Entered: 05/13/2014)
05/13/2014 22 DECLARATION of Laurence Rosen in support of MOTION for Appointment of Counsel The Rosen Law Firm and Lead Plaintiff MOTION to Consolidate Cases 20 filed by Movant k cho. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosen, Laurence) (Entered: 05/13/2014)
05/13/2014 23 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, and 2:14-CV-03406, filed by Movant Deepak Gupta. Motion set for hearing on 6/16/2014 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order Proposed Order)(Attorney Ramzi Abadou added to party Deepak Gupta(pty:bkmov))(Abadou, Ramzi) (Entered: 05/13/2014)
05/13/2014 24 DECLARATION of Melinda A. Nicholson re MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, and 2:14-CV-03406, 23 filed by Movant Deepak Gupta. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Abadou, Ramzi) (Entered: 05/13/2014)
05/13/2014 25 NOTICE OF MOTION AND MOTION for Appointment of Counsel ( Motion set for hearing on 6/16/2014 at 09:30 AM before Judge George H. King.), MOTION to Consolidate Cases, as to 2:14-cv-02052; 2:14-cv-02689, filed by Movant John Corbitt. (Attachments: # 1 Proposed Order)(Attorney Michael M Goldberg added to party John Corbitt(pty:mov))(Goldberg, Michael) (Entered: 05/13/2014)
05/13/2014 26 MEMORANDUM in Support of MOTION for Appointment of Counsel MOTION to Consolidate Cases, as to 2:14-cv-02052; 2:14-cv-02689, 25 filed by Movant John Corbitt. (Goldberg, Michael) (Entered: 05/13/2014)
05/13/2014 27 DECLARATION of Michael Goldberg in support of MOTION for Appointment of Counsel MOTION to Consolidate Cases, as to 2:14-cv-02052; 2:14-cv-02689, 25 filed by Movant John Corbitt. (Attachments: # 1 Exhibit A:Press Release, # 2 Exhibit B: Certifications, # 3 Exhibit C: Loss Charts, # 4 Exhibit D: Firm Resume)(Goldberg, Michael) (Entered: 05/13/2014)
05/22/2014 28 NOTICE OF NON-OPPOSITION to MOTION to Consolidate Cases, as to 14-2052, 14-2689, 14-3406, 16 , MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, and 2:14-CV-03406, 23 , MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, 2:14-CV-03406, MOTION for Order for GRANTING MOTION OF THE KAHN INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL 10 , MOTION to Consolidate Cases, as to 14-2052, 14-2689, 17 , MOTION for Appointment of
Counsel The Rosen Law Firm and Lead Plaintiff MOTION to Consolidate Cases 20 , MOTION for Appointment of Counsel MOTION to Consolidate Cases, as to 2:14-cv-02052; 2:14-cv-02689, 25 , MOTION for Order for Appointment as Lead Plaintiff and Approval of Selection of Counsel 14 CytRx Defendants' Statement of Non-Opposition to Motions for Consolidation, Appointment as Lead Plaintiff and Approval of Lead Counsel filed by Defendants Cytrx Corporation, Steven A. Kriegsman. (Nolan, Thomas) (Entered: 05/22/2014)
05/23/2014 29 MEMORANDUM OF LAW OF MOVANT THE KAHN INVESTOR GROUP IN PARTIAL OPPOSITION TO MOTIONS OF OTHER MOVANTS FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL In Opposition re: MOTION to Consolidate Cases, as to 14-2052, 14-2689, 14-3406, 16 , MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, and 2:14-CV-03406, 23 , MOTION to Consolidate Cases, as to 14-2052, 14-2689, 17 , MOTION for Appointment of Counsel The Rosen Law Firm and Lead Plaintiff MOTION to Consolidate Cases 20 , MOTION for Appointment of Counsel MOTION to Consolidate Cases, as to 2:14-cv-02052; 2:14-cv-02689, 25 , MOTION for Order for Appointment as Lead Plaintiff and Approval of Selection of Counsel 14 filed by Movants Mitchell Kahn, Gordon Niedermayer, Brent Reed. (Bishop, Patrice) (Entered: 05/23/2014)
05/23/2014 30 MEMORANDUM in Opposition to MOTION to Consolidate Cases, as to 14-2052, 14-2689, 14-3406, 16 , MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, 2:14-CV-03406, MOTION for Order for GRANTING MOTION OF THE KAHN INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL 10 , MOTION to Consolidate Cases, as to 14-2052, 14-2689, 17 , MOTION for Appointment of Counsel The Rosen Law Firm and Lead Plaintiff MOTION to Consolidate Cases 20 , MOTION for Appointment of Counsel MOTION to Consolidate Cases, as to 2:14-cv-02052; 2:14-cv-02689, 25 , MOTION for Order for Appointment as Lead Plaintiff and Approval of Selection of Counsel 14 filed by Movant Deepak Gupta. (Abadou, Ramzi) (Entered: 05/23/2014)
05/24/2014 31 MEMORANDUM in Opposition to MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, and 2:14-CV-03406, 23 , MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, 2:14-CV-03406, MOTION for Order for GRANTING MOTION OF THE KAHN INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL 10 , MOTION to Consolidate Cases, as to 14-2052, 14-2689, 17 , MOTION for Appointment of Counsel The Rosen Law Firm and Lead Plaintiff MOTION to Consolidate Cases 20 , MOTION for Appointment of Counsel MOTION to Consolidate Cases, as to 2:14-cv-02052; 2:14-cv-02689, 25 , MOTION for Order for Appointment as Lead Plaintiff and Approval of Selection of Counsel 14 and in further support of Movant Michael Gore's motion for consolidation and appointment of lead plaintiff and lead and liaison counsel filed by Movant Michael D Gore. (Smith, Evan) (Entered: 05/24/2014)
05/27/2014 32 Notice of Withdrawal of Motion for Order, 14 filed by movant The CytRx Investor Group. (Manifold, Betsy) (Entered: 05/27/2014)
05/27/2014 33 STATEMENT of Non-Opposition MOTION to Consolidate Cases, as to 14-2052, 14-2689, 17 filed by Movant CytRx Investor Group II. (Borkon, Peter) (Entered: 05/27/2014)
05/29/2014 34 Notice of Withdrawal of Motion for Appointment of Counsel, Motion to Consolidate Cases,, 20 filed by movant Kisuk Cho. (Rosen, Laurence) (Entered: 05/29/2014)
05/29/2014 35 MINUTE ORDER (IN CHAMBERS) by Judge George H. King: Proceedings: Order Dismissing Action Without Prejudice as to Defendants Dreamteamgroup and MissionIR. we deem plaintiff's inaction as his abandonment of this action as against defendants TDTG and MIR. Defendants TDTG and MIR are hereby dismissed without prejudice for plaintiff's failure to diligently prosecute and for his failure to comply with our May 12, 2014 order 9 . (mg) (Entered: 05/30/2014)
06/02/2014 36 REPLY In Support Of MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, 2:14-CV-03406, MOTION for Order for GRANTING MOTION OF THE KAHN INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL 10 filed by Movants Mitchell Kahn, Gordon Niedermayer, Brent Reed. (Bishop, Patrice) (Entered: 06/02/2014)
06/02/2014 37 DECLARATION of Thomas J. McKenna In Support Of MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, 2:14-CV-03406, MOTION for Order for GRANTING MOTION OF THE KAHN INVESTOR GROUP FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL AND LIAISON COUNSEL 10 In Support Of Reply filed by Movants Mitchell Kahn, Gordon Niedermayer, Brent Reed. (Attachments: # 1 Exhibit Exhibit A)(Bishop, Patrice) (Entered: 06/02/2014)
06/02/2014 38 REPLY in support of MOTION to Consolidate Cases, as to 2:14-CV-02052, 2:14-CV-02689, and 2:14-CV-03406, 23 Appointment of Lead Plaintiff and Approval of Choice of Counsel filed by Movant Deepak Gupta. (Abadou, Ramzi) (Entered: 06/02/2014)
06/02/2014 39 REPLY in support MOTION to Consolidate Cases, as to 14-2052, 14-2689, 14-3406, 16 filed by Movant Michael D Gore. (Smith, Evan) (Entered: 06/02/2014)
06/05/2014 40 NOTICE OF MOTION AND MOTION for Leave to file Sur-Reply filed by Movant Deepak Gupta. (Attachments: # 1 Proposed Sur-Reply, # 2 Proposed Order)(Abadou, Ramzi) (Entered: 06/05/2014)
06/10/2014 41 NOTICE of Appearance filed by attorney Ramzi Abadou on behalf of Movant Deepak Gupta (Abadou, Ramzi) (Entered: 06/10/2014)
06/11/2014 42 Notice of Withdrawal of Motion to Consolidate Cases, Motion for Order,,,,,, 10 , Objection/Opposition (Motion related),,, 29 , Reply (Motion related), 36 filed by Lead Plaintiff Movants Mitchell Kahn, Gordon Niedermayer, Brent Reed. (Bishop, Patrice) (Entered: 06/11/2014)
06/12/2014 43 NOTICE of Withdrawal of Movant Michael D. Gore's Motion for Consolidation, Appointment of Lead Plaintiff and Approval of Selection of Counsel filed by Movant Michael D Gore. (Smith, Evan) (Entered: 06/12/2014)
06/12/2014 44 NOTICE of Non-Opposition to Deepak Gupta's Motion for Appointment as Lead Plaintiff and for Approval of His Selection of Lead Counsel filed by Lead Plaintiff Movant Deepak Gupta. (Attachments: # 1 Proposed Order)(Abadou, Ramzi) (Entered: 06/12/2014)
06/13/2014 45 SCHEDULING NOTICE RE: MOTIONS TO CONSOLIDATE/APPOINTMENT OF LEAD COUNSEL set June 16, 2014 are TAKEN OFF CALENDAR. No appearance by counsel. By Chief Judge George H. King THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY (Entered: 06/13/2014)
06/13/2014 46 MINUTES (IN CHAMBERS): ORDER by Judge George H. King Order re: (1) Motions to Consolidate [Dkt. Nos. 16, 17, 20, 23, and (2) Motions for Appointment of Lead Plaintiff [Dkt. Nos. 23, (1) the Chen, Perri, and Kim actions are CONSOLIDATED;(2) the Perri (CV 14-2052) and Kim (CV 14-2689) actions are DISMISSED ; (3) Gupta is.APPOINTED as lead plaintiff; and (4) Kahn, Swick & Foti, LLC is APPROVED as lead counsel for the class. After we rule on the recently filed Rajasekaran Motion to Remand [2:14-cv-3406, Dkt. No. 28] and determine whether Rajasekaran should be consolidated with this action, we shall issue a furtherorder directing Gupta to file a consolidated Complaint. (shb) (Entered: 06/17/2014)
08/21/2014 47 MINUTE ORDER (In Chambers) Order re: Consolidated Class Action Complaint by Judge George H. King. On June 13, 2014, we consolidated this putative securities class action with two related actions - Victor Perri v. CytRx Corp., et al., CV 14-2052, and Hyun Dong Kim v. CytRx Corp., et al., CV 14-2689. 46 . We also appointed Deepak Gupta ("Gupta") as lead plaintiff and approved Kahn, Swick & Foti, LLC as lead counsel for the class. [Id.] Given that we have now remanded the final related action to state court, this matter is ready to proceed. [See CV 14-3406, Dkt. No. 38]. Accordingly, Gupta SHALL file a consolidated Complaint within 45 days hereof, and Defendants SHALL respond to the consolidated Complaint within 45 days thereafter. (lom) (Entered: 08/21/2014)
09/16/2014 48 NOTICE OF MOTION AND MOTION for attorney Melinda A. Nicholson to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14460766 paid.) filed by Lead Plaintiff Movant Deepak Gupta. (Attachments: # 1 Proposed Order)(Abadou, Ramzi) (Entered: 09/16/2014)
09/16/2014 49 NOTICE OF MOTION AND MOTION for attorney Michael J. Palestina to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14460820 paid.) filed by Lead Plaintiff Deepak Gupta. (Attachments: # 1 Proposed Order)(Abadou, Ramzi) (Entered: 09/16/2014)
09/17/2014 50 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for attorney Melinda A. Nicholson to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14460766 paid.) 48 , MOTION for attorney Michael J. Palestina to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14460820 paid.) 49 . The following error(s) was found: Other error(s) with document(s) are
specified below. The correct event is: appear pro hac vice. Other error(s) with document(s): Local counsel does not maintain an office within the District. See LR 83-2.1.3.4. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 09/17/2014)
09/19/2014 51 ORDER by Judge George H. King: denying 49 Motion to Appear Pro Hac Vice. Local counsel does not maintain an office within the District. Terming Attorney Michael J Palestina. (lt) (Entered: 09/22/2014)
09/19/2014 52 ORDER by Judge George H. King: denying 48 Motion to Appear Pro Hac Vice. Local counsel does not maintain an office within the District. Terming Attorney Melinda A Nicholson. (lt) (Entered: 09/22/2014)
09/22/2014 53 APPLICATION for attorney Melinda A. Nicholson to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14487933 paid.) filed by Lead Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit - Certificates of Good Standing, # 2 Proposed Order)(Attorney Lionel Zevi Glancy added to party Deepak Gupta(pty:conpla))(Glancy, Lionel) (Entered: 09/22/2014)
09/22/2014 54 APPLICATION for attorney Michael J. Palestina to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14487990 paid.) filed by Lead Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Proposed Order)(Glancy, Lionel) (Entered: 09/22/2014)
09/23/2014 55 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Michael J. Palestina to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14487990 paid.) 54 , APPLICATION for attorney Melinda A. Nicholson to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14487933 paid.) 53 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Submitted Good Standing Certificates that are over 30 days old. Certificates from LA were issued on 8/22/14. Applications were filed on 9/22/14. See Local Rule 83-2.1.3.3 See Instructions for Applicants (1). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 09/23/2014)
09/23/2014 58 ORDER by Clerk of Court. APPLICATION'S HAVE BEEN DENIED BY THE COURT. RE: MOTION for attorney Melinda A. Nicholson to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14460766 paid.) 48 , MOTION for attorney Michael J. Palestina to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14460820 paid.) 49 (shb) (Entered: 09/24/2014)
09/24/2014 56 ORDER by Judge George H. King: granting 54 Application to Appear Pro Hac Vice by Attorney Michael J. Palestina on behalf of Lead Plaintiff Deepak Gupta, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 09/24/2014)
09/24/2014 57 ORDER by Judge George H. King: granting 53 Application to Appear Pro Hac Vice by Attorney Melinda A. Nicholson on behalf of Lead Plaintiff Deepak Gupta, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 09/24/2014)
09/24/2014 59 ORDER the Clerk of Court. The document is accepted as filed. COURT HAS GRANTED THE PHV APPLICATION FOR DOC #53 & 54. RE: APPLICATION for attorney Michael J. Palestina to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14487990 paid.) 54 , APPLICATION for attorney Melinda A. Nicholson to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14487933 paid.) 53 (shb) Modified on 9/24/2014 (shb). (Entered: 09/24/2014)
10/01/2014 60 CONSOLIDATED COMPLAINT for Violation of the Federal Securities Laws related to: 1 Complaint - (Discovery),, filed by Lead Plaintiff Deepak Gupta (Glancy, Lionel) (Entered: 10/01/2014)
10/01/2014 61 Request for Clerk to Issue Summons on Consolidated Complaint 60 filed by Lead Plaintiff Deepak Gupta. (Abadou, Ramzi) (Entered: 10/01/2014)
10/01/2014 62 Request for Clerk to Issue Summons on Consolidated Complaint 60 filed by Lead Plaintiff Deepak Gupta. (Abadou, Ramzi) (Entered: 10/01/2014)
10/01/2014 63 Request for Clerk to Issue Summons on Consolidated Complaint 60 filed by Lead Plaintiff Deepak Gupta. (Abadou, Ramzi) (Entered: 10/01/2014)
10/01/2014 64 Request for Clerk to Issue Summons on Consolidated Complaint 60 filed by Lead Plaintiff Deepak Gupta. (Abadou, Ramzi) (Entered: 10/01/2014)
10/01/2014 65 Request for Clerk to Issue Summons on Consolidated Complaint 60 filed by Lead Plaintiff Deepak Gupta. (Abadou, Ramzi) (Entered: 10/01/2014)
10/01/2014 66 Request for Clerk to Issue Summons on Consolidated Complaint 60 filed by Lead Plaintiff Deepak Gupta. (Abadou, Ramzi) (Entered: 10/01/2014)
10/03/2014 67 21 DAY Summons Issued re Consolidated Complaint 60 as to Defendants John Y. Caloz, David J. Haen, Louis J. Ignarro, Max E. Link, Joseph Rubinfeld, Marvin R. Selter, Richard L. Wennekamp. (shb) (Entered: 10/03/2014)
10/03/2014 68 21 DAY Summons Issued re Consolidated Complaint 60 as to Defendant Thomas Michael Meyer. (shb) (Entered: 10/03/2014)
10/03/2014 69 21 DAY Summons Issued re Consolidated Complaint 60 as to Defendant Jefferies LLC. (shb) (Entered: 10/03/2014)
10/03/2014 70 21 DAY Summons Issued re Consolidated Complaint 60 as to Defendant Oppenheimer & Co., Inc.. (shb) (Entered: 10/03/2014)
10/03/2014 71 21 DAY Summons Issued re Consolidated Complaint 60 as to Defendant Aegis Capital Corporation. (shb) (Entered: 10/03/2014)
10/03/2014 72 21 DAY Summons Issued re Consolidated Complaint 60 as to Defendant H.C. Wainwright & Co., LLC. (shb) (Entered: 10/03/2014)
10/20/2014 73 NOTICE Notice of Death of Party Pursuant to Federal Rule of Civil Procedure 25 filed by Defendants John Y. Caloz, Cytrx Corporation, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Max E. Link, Joseph Rubinfeld, Marvin R. Selter, Richard L. Wennekamp. (Nolan, Thomas) (Entered: 10/20/2014)
10/20/2014 74 Joint STIPULATION for Extension of Time to File Response as to Consolidated Complaint 60 filed by Defendants John Y. Caloz, Cytrx Corporation, David J. Haen,
Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Marvin R. Selter, Richard L. Wennekamp. (Attachments: # 1 [Proposed] Order Granting Joint Stipulation Regarding a Consolidated Schedule for Responses to Consolidated Class Action Complaint)(Attorney Thomas Jerome Nolan added to party John Y. Caloz(pty:dft), Attorney Thomas Jerome Nolan added to party David J. Haen(pty:dft), Attorney Thomas Jerome Nolan added to party Louis J. Ignarro(pty:dft), Attorney Thomas Jerome Nolan added to party Joseph Rubinfeld(pty:dft), Attorney Thomas Jerome Nolan added to party Marvin R. Selter(pty:dft), Attorney Thomas Jerome Nolan added to party Richard L. Wennekamp(pty:dft))(Nolan, Thomas) (Entered: 10/20/2014)
10/22/2014 75 ORDER by Judge George H. King, re Joint Stipulation Regarding Consolidated Schedule for Response to Consolidated Class Action Complaint 74 . IT IS ORDERED THAT: 1. Pursuant to the Joint Stipulation, Defendants shall answer, move, or otherwise respond to the CCAC on or before December 5, 2014.2. Plaintiffs shall file an opposition, if any, to Defendants response to theCCAC on or before January 23, 2015; and 3. Defendants shall file a reply, if any, in support of Defendants response to the CCAC on or before February 13, 2015. 4. Defendants shall not be required to respond to the CCAC except asprovided above. (shb) (Entered: 10/23/2014)
10/25/2014 76 WAIVER OF SERVICE Returned Executed filed by Lead Plaintiff Deepak Gupta. Waiver of Service signed by Charlene Shimada. (Abadou, Ramzi) (Entered: 10/25/2014)
10/25/2014 77 WAIVER OF SERVICE Returned Executed filed by Lead Plaintiff Deepak Gupta. Waiver of Service signed by Clifford H. Pearson. (Abadou, Ramzi) (Entered: 10/25/2014)
10/25/2014 78 PROOF OF SERVICE Executed by Plaintiff Deepak Gupta, upon Defendant Service of the Summons and Complaint were executed upon Thomas Michael Meyer in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Abadou, Ramzi) (Entered: 10/25/2014)
11/10/2014 79 NOTICE Supplemental Notice of Death Pursuant to Federal Rule of Civil Procedure 25 filed by Defendants John Y. Caloz, Cytrx Corporation, David J Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Richard L. Wennekamp. (Nolan, Thomas) (Entered: 11/10/2014)
11/10/2014 80 NOTICE Notice of Death of Party Pursuant to Federal Rule of Civil Procedure 25 filed by Defendants John Y. Caloz, Cytrx Corporation, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Richard L. Wennekamp. (Nolan, Thomas) (Entered: 11/10/2014)
11/14/2014 81 NOTICE of Interested Parties filed by Defendants Aegis Capital Corporation, H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co., Inc., identifying Jefferies Group LLC, Limestone Merger Sub LLC, Leucadia National Corporation, Oppenheimer Holdings Inc., Aegis Capital Holding Corp., Rodman & Co. LLC. (Attorney John Warren Rissier added to party Aegis Capital Corporation(pty:dft), Attorney John Warren Rissier added to party H.C. Wainwright & Co., LLC(pty:dft), Attorney John Warren Rissier added to party Jefferies LLC(pty:dft), Attorney John
Warren Rissier added to party Oppenheimer & Co., Inc.(pty:dft))(Rissier, John) (Entered: 11/14/2014)
11/14/2014 82 Notice of Appearance or Withdrawal of Counsel: for attorney John Warren Rissier counsel for Defendants Aegis Capital Corporation, H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co., Inc.. Adding Charlene S. Shimada and Lucy Wang as attorney as counsel of record for Aegis Capital Corp., H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co., Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Aegis Capital Corp., H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co. Inc.. (Rissier, John) (Entered: 11/14/2014)
12/05/2014 83 NOTICE OF MOTION AND MOTION to Dismiss Case CYTRX DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Defendants John Y. Caloz, Cytrx Corporation, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Richard L. Wennekamp. Motion set for hearing on 3/2/2015 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order GRANTING CYTRX DEFENDANTS MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT)(Nolan, Thomas) (Entered: 12/05/2014)
12/05/2014 84 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case CYTRX DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 83 CYTRX DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT filed by Defendants John Y. Caloz, Cytrx Corporation, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Richard L. Wennekamp. (Attachments: # 1 Declaration DECLARATION OF ALLEN L. LANSTRA IN SUPPORT OF CYTRX DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT, # 2 Exhibit EXHIBIT 1 TO LANSTRA DECLARATION, # 3 Proposed Order ORDER GRANTING CYTRX DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT)(Nolan, Thomas) (Entered: 12/05/2014)
12/05/2014 85 NOTICE of Change of firm name by John Warren Rissier attorney for Defendants Aegis Capital Corporation, H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co., Inc.. Changing firm name to Morgan, Lewis & Bockius LLP. Filed by Defendants Aegis Capital Corporation, H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co., Inc.. (Rissier, John) (Entered: 12/05/2014)
12/05/2014 86 NOTICE OF MOTION AND MOTION to Dismiss Case CONSOLIDATED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Defendants Aegis Capital Corporation, H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co., Inc.. Motion set for hearing on 3/2/2015 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING UNDERWRITERS' MOTION TO DISMISS CONSOLIDATED COMPLAINT)(Rissier, John) (Entered: 12/05/2014)
12/05/2014 87 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case CONSOLIDATED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 86 filed by Defendants Aegis Capital Corporation, H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co., Inc.. (Attachments: # 1 Declaration Declaration of Lucy Wang in Support of Underwriters' Request for Judicial Notice in Support of Motion to Dismiss Consolidated Complaint, # 2 Proposed Order [Proposed] Order Granting Underwriters' Request for Judicial Notice in Support of Motion to Dismiss Consolidated Complaint)(Rissier, John) (Entered: 12/05/2014)
12/08/2014 88 ANSWER to Consolidated Complaint 60 filed by Defendant Thomas Michael Meyer.(Attorney Steven M Goldsobel added to party Thomas Michael Meyer(pty:dft))(Goldsobel, Steven) (Entered: 12/08/2014)
12/08/2014 89 NOTICE of Interested Parties filed by Defendant Thomas Michael Meyer, identifying Thomas Meyer. (Goldsobel, Steven) (Entered: 12/08/2014)
12/12/2014 90 STIPULATION to Consolidate Cases filed by Lead Plaintiff Deepak Gupta. (Attachments: # 1 Proposed Order Proposed Order)(Abadou, Ramzi) (Entered: 12/12/2014)
12/15/2014 91 NOTICE OF ERRATA filed by Consol Plaintiff Deepak Gupta. correcting Stipulation to Consolidate Cases 90 (Abadou, Ramzi) (Entered: 12/15/2014)
12/15/2014 92 STIPULATION to Exceed Page Limitation as to Lead Plaintiff's Omnibus Opposition to Defendants' Motions to Dismiss filed by Lead Plaintiff Deepak Gupta. (Attachments: # 1 Proposed Order Proposed Order)(Abadou, Ramzi) (Entered: 12/15/2014)
12/16/2014 93 NOTICE of Service of Supplemental Death of Party Pursuant to Federal Rule of Civil Procedure 25 filed by Defendants John Y. Caloz, Cytrx Corporation, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Richard L. Wennekamp. (Nolan, Thomas) (Entered: 12/16/2014)
12/18/2014 94 ORDER by Judge George H. King GRANTING PARTIES' STIPULATION REGARDING EXTENSION OF PAGES FOR LEAD PLAINTIF'S OMNIBUS OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS 90 92 . Lead Plaintiff shall file an omnibus opposition brief to Consolidated Complaint of no more than 45 pages. (pso) (Entered: 12/18/2014)
01/23/2015 95 MEMORANDUM in Opposition to MOTION to Dismiss Case CONSOLIDATED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 86 , MOTION to Dismiss Case CYTRX DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 83 filed by Consol Plaintiff Deepak Gupta. (Abadou, Ramzi) (Entered: 01/23/2015)
01/23/2015 96 DECLARATION of Ramzi Abadou in Support of Opposition to MOTION to Dismiss Case CONSOLIDATED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 86 , MOTION to Dismiss Case CYTRX DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT THEREOF 83 filed by Consol Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit A)(Abadou, Ramzi) (Entered: 01/23/2015)
01/26/2015 97 Notice of Appearance or Withdrawal of Counsel: for attorney Steven M Goldsobel counsel for Defendant Thomas Michael Meyer. Michael H. Sugarman is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Thomas Michael Meyer. (Goldsobel, Steven) (Entered: 01/26/2015)
02/02/2015 98 NOTICE OF MOTION AND MOTION to Substitute Shirley Selter for Marvin R. Selter filed by Lead Plaintiff Deepak Gupta. Motion set for hearing on 3/2/2015 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order)(Abadou, Ramzi) (Entered: 02/02/2015)
02/13/2015 99 REPLY In Support of MOTION to Dismiss Case CYTRX DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 83 Reply In Support of CytRx Defendants' Motion to Dismiss Consolidated Class Action Complaint filed by Defendants John Y. Caloz, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Richard L. Wennekamp. (Nolan, Thomas) (Entered: 02/13/2015)
02/13/2015 100 REPLY in support of MOTION to Dismiss Case CONSOLIDATED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 86 filed by Defendants Aegis Capital Corporation, H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co., Inc.. (Attorney Charlene Sachi Shimada added to party Oppenheimer & Co., Inc.(pty:dft))(Shimada, Charlene) (Entered: 02/13/2015)
02/16/2015 101 NOTICE of Decision: Recent Authority filed by Lead Plaintiff Deepak Gupta. In Support of Lead Plaintiff's Opposition to Defendants' Motions to Dismiss (Attachments: # 1 Exhibit Exhibit A)(Abadou, Ramzi) (Entered: 02/16/2015)
02/23/2015 102 OBJECTIONS to Notice of Decision by other Court 101 CytRx Defendants' Objection to Plaintiffs' "Notice of Recent Decision in Support of Lead Plaintiff's Opposition to Defendants' Motions to Dismiss" filed by Defendants John Y. Caloz, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Richard L. Wennekamp. (Nolan, Thomas) (Entered: 02/23/2015)
02/25/2015 103 MINUTES (IN CHAMBERS)ORDER by Judge George H. King: On the court's own motion, Defendants Motion to Dismiss Consolidated Class Action Complaint 83 , 86 , and Plaintiffs Motion to Substitute Party 98 , noticed for hearing on MARCH 2, 2015, are TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date pursuant to Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any,shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (Please see attached document for further details). (dgon) (Entered: 02/25/2015)
03/04/2015 104 WITHDRAWN PURSUANT TO NOTICE E-FILED BY COUNSEL, DOCUMENT 105 , DATED 3/4/15. REQUEST TO WITHDRAW ATTORNEY Thomas J. Nolan as counsel of record for CytRx Corporation filed by Defendants John Y. Caloz, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph
Rubinfeld, Richard L. Wennekamp. (Attachments: # 1 Proposed Order)(Nolan, Thomas) Modified on 3/5/2015 (bm). (Entered: 03/04/2015)
03/04/2015 105 Notice of Withdrawal of Request to Substitute or Withdraw Attorney (G-01), 104 filed by Defendants John Y. Caloz, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Richard L. Wennekamp. (Nolan, Thomas) (Entered: 03/04/2015)
03/04/2015 106 DOCUMENT IS STRICKEN - REQUEST TO WITHDRAW ATTORNEY Clifford H. Pearson as counsel of record filed by Defendant Steven A. Kriegsman. (Pearson, Clifford) Modified on 3/9/2015 (lom). (Entered: 03/04/2015)
03/04/2015 107 NOTICE of Decision: Second Notice of Recent Decision in Support of Lead Plaintiff's Opposition to Defendants' Motions to Dismiss filed by Lead Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit A)(Abadou, Ramzi) (Entered: 03/04/2015)
03/05/2015 108 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request to Withdraw Attorney 106 . The following error(s) was found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s) are specified below: Proposed order was not submitted as a separate, additional attachment to the Request. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 03/05/2015)
03/05/2015 109 REQUEST TO WITHDRAW ATTORNEY Clifford H. Pearson as counsel of record for Steven A. Kriegsman filed by Defendant Steven A. Kriegsman. (Attachments: # 1 Proposed Order)(Pearson, Clifford) (Entered: 03/05/2015)
03/06/2015 110 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge George H. King granting 109 Request to Substitute Attorney: The Court hereby orders that the request of CytRx Corporation, Defendant, to substitute Clifford H. Pearson, who is Retained Counsel, as attorney of record instead of Thomas J. Nolan, Peter Morrison, and Allen Lanstra. (bm) (Entered: 03/06/2015)
03/06/2015 111 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: REQUEST TO WITHDRAW ATTORNEY Clifford H. Pearson as counsel of record 106 by Clerk. By order of the Court, this document us STRICKEN. (lom) (Entered: 03/09/2015)
03/09/2015 112 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge George H. King, re REQUEST TO WITHDRAW ATTORNEY 109 : The Court herby orders that the request of: Steven Kriegsman, Defendant, to substitute Thomas J. Nolan, who is Retained Counsel, as attorney of record instead of Clifford H. Pearson, Alexander Safyan, George S. Trevor. (bm) (Entered: 03/09/2015)
05/01/2015 113 NOTICE of Change of Attorney Business or Contact Information: for attorney Robert Vincent Prongay counsel for Consol Plaintiff Deepak Gupta. Changing firm name to Glancy Prongay & Murray LLP. Filed by Plaintiff Deepak Gupta. (Attorney
Robert Vincent Prongay added to party Deepak Gupta(pty:conpla))(Prongay, Robert) (Entered: 05/01/2015)
05/01/2015 114 NOTICE of Change of Attorney Business or Contact Information: for attorney Elaine Chang counsel for Consol Plaintiff Deepak Gupta. Changing firm name to Glancy Prongay & Murray LLP. Filed by Plaintiff Deepak Gupta. (Attorney Elaine Chang added to party Deepak Gupta(pty:conpla))(Chang, Elaine) (Entered: 05/01/2015)
05/01/2015 115 NOTICE of Change of Attorney Business or Contact Information: for attorney Lionel Zevi Glancy counsel for Consol Plaintiff Deepak Gupta. Changing firm name to Glancy Prongay & Murray LLP. Filed by Plaintiff Deepak Gupta. (Glancy, Lionel) (Entered: 05/01/2015)
06/03/2015 116 NOTICE of Recent Development filed by Lead Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit A)(Abadou, Ramzi) (Entered: 06/03/2015)
07/13/2015 117 MINUTES (In Chambers): Order re: (1) CytRx Defendants' Motion to Dismiss 83 ; (2) Underwriter Defendants' Motion to Dismiss 86 ; (3) Plaintiffs' Motion to Substitute Party 98 by Judge George H. King. Based on the foregoing, Defendants' Motions are GRANTED in part and DENIED in part as follows: (1) The CytRx Defendants' Motion as to Plaintiffs' Rule 10b-5(b) claim is GRANTED as to Defendant Haen and as to all other named Defendants on the statements found in DreamTeam articles. This Motion as to Plaintiffs' Rule 10b-5(b) claim against Kriegsman, Caloz, and CytRx is DENIED in all other respects. (2) The CytRx Defendants' Motion as to Plaintiffs' Rules 10b-5(a) and (c) claim is DENIED. (3) Both Motions as to Plaintiffs' Section 12(a)(2) claim are GRANTED. (4) Both Motions as to Plaintiffs' Section 11(a) claim are DENIED. (5) The CytRx Defendants' Motion as to Plaintiffs' Sections 15, 20(a), and 20(b) control person liability claims is DENIED. Should Plaintiffs elect to file a First Amended CCAC ("FACCAC"), they SHALL do so within 30 days hereof in compliance with this Order. Plaintiffs' failure to file a FACCAC will be deemed their admission that amendment is futile, and, in that event, their dismissed claims will be dismissed with prejudice, and Defendants SHALL answer the remaining claims within 14 days thereafter. If Plaintiffs file a FACCAC, Defendants SHALL respond to it within 30 days thereafter. Plaintiffs' Motion is GRANTED, and Shirley Selter is substituted for Marvin Selter as a Defendant in this action. IT IS SO ORDERED. (See attached document for details.) (lom) (Entered: 07/13/2015)
07/14/2015 118 ***STRICKEN ON 7/20/2015*** APPLICATION for attorney Alexander Louis Burns to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16079700 paid.) filed by Lead Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit Admissions Chart, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Abadou, Ramzi) Modified on 7/20/2015 (dgon). (Entered: 07/14/2015)
07/14/2015 119 Corrected APPLICATION for attorney Alexander L. Burns (PHV Fee Paid - See D.E. No. 118) to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Lead Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Proposed Order) (Glancy, Lionel) (Entered: 07/14/2015)
07/17/2015 122 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. King: granting 119
APPLICATION to Appear Pro Hac Vice by Attorney Alexander L. Burns on behalf of Lead Plaintiff Deepak Gupta, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 07/20/2015)
07/20/2015 120 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Alexander Louis Burns to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16079700 paid.) 118 . The following error(s) was found: Other error(s) with document(s) are specified below: This is a duplicate entry. Application was refiled and corrected with Dkt 119 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 07/20/2015)
07/20/2015 121 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION for attorney Alexander Louis Burns to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16079700 paid.) 118 by Judge George H. King. The document is hereby STRICKEN. The Court acknowledges the corrected application was e-filed on 7/14/15 Doc. 119. (dgon) (Entered: 07/20/2015)
07/31/2015 123 Notice of Appearance or Withdrawal of Counsel: for attorney Robert Vincent Prongay counsel for Movant John Corbitt, Consol Plaintiffs Hyun Dong Kim, Victor Perri. Michael M. Goldberg is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Victor Perri, Hyun Dong Kim & John Corbitt. (Prongay, Robert) (Entered: 07/31/2015)
08/07/2015 124 First Consolidated AMENDED COMPLAINT against Defendants Aegis Capital Corporation, John Y. Caloz, Cytrx Corporation, H.C. Wainwright & Co., LLC, David J Haen, Louis J. Ignarro, Jefferies LLC, Steven A. Kriegsman, Max E. Link, Thomas Michael Meyer, Oppenheimer & Co., Inc., Joseph Rubinfeld, Marvin R. Selter, Richard L. Wennekamp amending Consolidated Complaint 60 , filed by Lead Plaintiff Deepak Gupta (Attachments: # 1 Exhibit A - Redline)(Abadou, Ramzi) (Entered: 08/07/2015)
09/08/2015 125 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case,,,,,,,,,,,,,, Order on Motion to Substitute Party,,,,,, 117 filed by Lead Plaintiff Deepak Gupta. Motion set for hearing on 10/26/2015 at 09:30 AM before Judge George H. King. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Burns, Alexander) (Entered: 09/08/2015)
09/08/2015 126 NOTICE OF MOTION AND MOTION to Dismiss Case CytRx Defendants' Notice of Motion and Motion to Dismiss First Amended Consolidated Complaint filed by CytRx Defendants John Y. Caloz, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Shirley Selter, Richard L. Wennekamp. Motion set for hearing on 10/26/2015 at 09:30 AM before Judge George H. King. (Attachments: # 1 [Proposed] Order Granting CytRx Defendants' Motion to Dismiss First Amended Consolidated Complaint) (Attorney Thomas Jerome Nolan added to party Shirley Selter(pty:dft)) (Nolan, Thomas) (Entered: 09/08/2015)
09/08/2015 127 NOTICE OF MOTION AND MOTION to Dismiss Case Underwriters' Notice of Motion and Motion to Dismiss First Amended Consolidated Complaint filed by defendants Aegis Capital Corporation, H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co., Inc.. Motion set for hearing on 10/26/2015 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order Granting Underwriters' Motion to Dismiss First Amended Consolidated Complaint) (Shimada, Charlene) (Entered: 09/08/2015)
09/28/2015 128 NOTICE of Change of Attorney Business or Contact Information: for attorney Steven M Goldsobel counsel for Defendant Thomas Michael Meyer. Changing address to 1901 Avenue of the Stars, Suite 1750, Los Angeles, CA 90067. Changing fax number to 310-695-3860. Filed by defendant Thomas Meyer. (Goldsobel, Steven) (Entered: 09/28/2015)
10/05/2015 129 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case CytRx Defendants' Notice of Motion and Motion to Dismiss First Amended Consolidated Complaint 126 , NOTICE OF MOTION AND MOTION to Dismiss Case Underwriters' Notice of Motion and Motion to Dismiss First Amended Consolidated Complaint 127 filed by Consol Plaintiff Deepak Gupta. (Abadou, Ramzi) (Entered: 10/05/2015)
10/05/2015 130 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case,,,,,,,,,,,,,, Order on Motion to Substitute Party,,,,,, 117 125 CytRx Defendants' Opposition to Lead Plaintiff's Motion for Reconsideration filed by Defendants John Y. Caloz, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Shirley Selter, Richard L. Wennekamp. (Nolan, Thomas) (Entered: 10/05/2015)
10/09/2015 131 REPLY in Support of NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case,,,,,,,,,,,,,, Order on Motion to Substitute Party,,,,,, 117 125 filed by Consol Plaintiff Deepak Gupta. (Abadou, Ramzi) (Entered: 10/09/2015)
10/09/2015 132 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case CytRx Defendants' Notice of Motion and Motion to Dismiss First Amended Consolidated Complaint 126 Cytrx Defendants' Reply in Support of Motion to Dismiss First Amended Complaint filed by Defendants John Y. Caloz, Cytrx Corporation, David J. Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Shirley Selter, Richard L. Wennekamp. (Nolan, Thomas) (Entered: 10/09/2015)
10/09/2015 133 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case Underwriters' Notice of Motion and Motion to Dismiss First Amended Consolidated Complaint 127 filed by Defendants Aegis Capital Corporation, H.C. Wainwright & Co., LLC, Jefferies LLC, Oppenheimer & Co., Inc.. (Shimada, Charlene) (Entered: 10/09/2015)
10/23/2015 134 MINUTES (IN CHAMBERS) by Judge George H. King taking under submission 125 , 126 , 127 MOTIONS to Dismiss Case: On the Court's own motion, the motion for reconsideration 125 , and the motions to dismiss the first amended consolidated complaint 126 , 127 , notice for hearing on October 26, 2015, are TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on
that date pursuant to Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm) (Entered: 10/23/2015)
11/06/2015 135 NOTICE of Settlement and Joint Request to Stay Proceedings filed by Plaintiff Deepak Gupta. (Attachments: # 1 Proposed Order)(Abadou, Ramzi) (Entered: 11/06/2015)
11/10/2015 136 ORDER by Judge George H. King, re NOTICE of Settlement and Joint Request to Stay Proceedings 135 : DENIED. The court will not issue an open-ended and indefinite stay (bm) (Entered: 11/10/2015)
11/11/2015 137 NOTICE of Settlement and Joint Request to Stay Proceedings filed by Plaintiff Deepak Gupta. (Attachments: # 1 Proposed Order)(Abadou, Ramzi) (Entered: 11/11/2015)
11/13/2015 138 ORDER GRANTING PARTIES' JOINT REQUEST TO STAY PROCEEDINGS by Judge George H. King, re Notice 137 : Having considered the Parties' joint request to stay proceedings, and good cause appearing therefore, the Court hereby Orders the above-captioned action stayed for all purposes until December 10, 2015 to provide the Parties sufficient time to prepare and submit a stipulation of settlement and motion for preliminary approval of settlement. (bm) (Entered: 11/16/2015)
12/10/2015 139 NOTICE OF MOTION AND MOTION for Settlement Approval of Proposed Settlement Lead Plaintiff's Notice of Motion and Unopposed Motion for Preliminary Approval of Proposed Settlement; Memorandum of Points and Authorities in Support Thereof filed by Lead Plaintiff Deepak Gupta. Motion set for hearing on 1/11/2016 at 09:30 AM before Judge George H. King. (Attachments: # 1 Declaration of Ramzi Abadou, # 2 Exhibit 1 - Underwriting Agreement, # 3 Exhibit 2 - Johnson Slip Opinion, # 4 Exhibit 3 - Gupta Certification, # 5 Exhibit 4 - KSF Resume, # 6 Exhibit 5 - Gilardi Resume) (Abadou, Ramzi) (Entered: 12/10/2015)
12/10/2015 140 STIPULATION for Settlement Stipulation of Settlement filed by Lead Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit A - [Proposed] Order Preliminarily Approving Settlement and Providing for Notice, # 2 Exhibit A-1 Notice of Pendency and Proposed Settlement of Class Action, # 3 Exhibit A-2 Proof of Claim and Release Form, # 4 Exhibit A-3 Summary of Notice of Pendency and Proposed Settlement of Class Action, # 5 Exhibit B [Proposed] Order and Final Judgment)(Abadou, Ramzi) (Entered: 12/10/2015)
12/30/2015 141 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Proposed Settlement Lead Plaintiff's Notice of Motion and Unopposed Motion for Preliminary Approval of Proposed Settlement; Memorandum of Points and Authorities in Support Thereof 139 Supplemental Memorandum of Law in Further Support of Lead Plaintiff's Motion for Preliminary Approval of Proposed Settlement filed by Consol Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit A - In re Galectin, # 2 Exhibit A-1 Revised Notice of Pendency and Proposed Settlement of Class Action, # 3 Declaration of Ramzi Abadou (Second), # 4 Declaration of Deepak Gupta)(Abadou, Ramzi) (Entered: 12/30/2015)
01/07/2016 142 NOTICE of Filing Letter filed by Interested Party Kannan Rajasekaran. (Attachments: # 1 Letter)(Jasnoch, John) (Entered: 01/07/2016)
01/08/2016 143 RESPONSE filed by Defendants John Y. Caloz, David J Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Shirley Selter, Richard L. Wennekampto Notice (Other) 142 CytRx Defendants' Response to Notice of Filing Letter Regarding Objection to Plan Allocation (Nolan, Thomas) (Entered: 01/08/2016)
01/11/2016 144 MINUTES OF MOTION BY PLAINTIFF FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT 139 taking under submission 139 MOTION for Settlement: Matter called. Parties are present. Court hears from counsel regarding the January 7, 2016 filing by plaintiff Kannan Rajasekaran letter to the Court. Having heard from counsel, Court directs the parties to file a joint status report and/or any revisions as indicated on the record by no later than January 19, 2016. Court will issue such further order as deemed appropriate. Matter stands submitted. Court Reporter: C. Nirenberg. (bm) (Entered: 01/15/2016)
01/15/2016 145 TRANSCRIPT for proceedings held on MONDAY, JANUARY 11, 2016 9:49 A.M. OFFICIAL REPORTER C. NIRENBERG, CONTACT: www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the OFFICIAL REPORTER C. NIRENBERG, CONTACT: www.msfedreporter.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/5/2016. Redacted Transcript Deadline set for 2/16/2016. Release of Transcript Restriction set for 4/14/2016. (Nirenberg, C) (Entered: 01/15/2016)
01/15/2016 146 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, JANUARY 11, 2016 9:49 A.M. re Transcript 145 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Nirenberg, C) TEXT ONLY ENTRY (Entered: 01/15/2016)
01/19/2016 147 STATUS REPORT Joint Status Report by Lead Plaintiff Deepak Gupta and Interested Party Kannan Rajasekaran filed by Consol Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit A - Proposed Order Preliminarily Approving Settlement and Providing for Notice, # 2 Exhibit B - Summary Notice, # 3 Exhibit C - Notice of Pendency and Proposed Settlement of Class Action, Motion for Attorneys' Fees and Litigation Expenses, and Settlement Fairness Hearing)(Abadou, Ramzi) (Entered: 01/19/2016)
01/20/2016 148 ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT by Judge George H. King granting 139 MOTION for Settlement (bm) (Entered: 01/21/2016)
01/26/2016 149 Notice of Appearance or Withdrawal of Counsel: for attorney Michael H Sugarman counsel for Defendant Thomas Michael Meyer. Michael Sugarman is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Michael Sugarman. (Sugarman, Michael) (Entered: 01/26/2016)
02/23/2016 150 DECLARATION of Thomas J. Nolan Confirming Service of the Class Action Fairness Act (CAFA) Notice Pursuant to 28 U.S.C. § 1715 filed by Defendants John Y. Caloz, David J Haen, Louis J. Ignarro, Steven A. Kriegsman, Joseph Rubinfeld, Shirley Selter, Richard L. Wennekamp. (Nolan, Thomas) (Entered: 02/23/2016)
03/28/2016 151 NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation; Memorandum of Points and Authorities in Support Thereof filed by Lead Plaintiff Deepak Gupta. Motion set for hearing on 5/9/2016 at 09:30 AM before Judge George H. King. (Abadou, Ramzi) (Entered: 03/28/2016)
03/28/2016 152 NOTICE OF MOTION AND MOTION for Attorney Fees and Reimbursement of Litigation Expenses; and Memorandum of Points and Authorities in Support filed by Lead Plaintiff Deepak Gupta. Motion set for hearing on 5/9/2016 at 09:30 AM before Judge George H. King. (Attachments: # 1 Exhibit A - Law Firm Fee Survey) (Abadou, Ramzi) (Entered: 03/28/2016)
03/28/2016 153 DECLARATION of Ramzi Abadou in Support of NOTICE OF MOTION AND MOTION for Attorney Fees and Reimbursement of Litigation Expenses; and Memorandum of Points and Authorities in Support 152 , NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation; Memorandum of Points and Authorities in Support Thereof 151 filed by Consol Plaintiff Deepak Gupta. (Attachments: # 1 Exhibit 1 - Declaration of Dickran M. Tevrizian in Support of Final Approval of Settlement, # 2 Exhibit 2 - Lead Plaintiff Deepak Gupta's Declaration in Support of Application for Reimbursement of Costs and Expenses in Connection with his Representation of the Class and in Support of the Settlement, # 3 Exhibit 3 - Declaration of Carole K. Sylvester, # 4 Exhibit 4 - Declaration of Named Plaintiff Randall S. Pettit in Support of Lead Plaintiff's Plan of Allocation, # 5 Exhibit 5 - Declaration of Lewis S. Kahn in Support of Application for Award of Attorneys' Fees and Reimbursement of Expenses)(Abadou, Ramzi) (Entered: 03/28/2016)
05/02/2016 154 REPLY in Support of NOTICE OF MOTION AND MOTION for Attorney Fees and Reimbursement of Litigation Expenses; and Memorandum of Points and Authorities in Support 152 , NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation; Memorandum of Points and Authorities in Support Thereof 151 filed by Consol Plaintiff Deepak Gupta. (Attachments: # 1 Supplemental Declaration of Carole K. Sylvester with Exhibits, # 2 Proposed Order regarding Plan of Allocation, # 3 Proposed Order Awarding Attorneys' Fees & Litigation Expenses, # 4 Proposed Order and Final Judgment)(Abadou, Ramzi) (Entered: 05/02/2016)
05/03/2016 155 MINUTE ORDER IN CHAMBERS Order re: Submission of Time Sheets by Judge George H. King: On March 28, 2016, Plaintiffs' counsel filed a Motion for Attorneys Fees and Reimbursement of Litigation Expenses in connection with their Motion for Settlement Approval. (Dkt. 152.) While counsel submitted cursory summaries of the time they expended on this action, they did not submit time sheets. In order to conduct a complete lodestar cross-check, we require the full time sheets. Counsel SHALL lodge or file in camera their time sheets and deliver mandatory chambers copies by close of business on May 5, 2016. (bm) (Entered: 05/03/2016)
05/06/2016 156 MINUTE ORDER IN CHAMBERS re: Settlement Administration Costs by Judge George H. King: Because Plaintiff has made no showing as to why we should approve any settlement administration costs, no such costs will be deducted from the settlement fund at this time. If Plaintiff intends to request reimbursement of settlement administration costs, he SHALL file forthwith supplemental briefing adequately supporting any amount to be awarded to the settlement administrator.
Counsel SHALL be prepared to discuss any requested award of settlement administration costs at the final approval hearing. (see document for further details) (bm) (Entered: 05/06/2016)
05/09/2016 157 MINUTES OF MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION 151 ; MOTION FOR ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES; 152 Hearing held before Judge George H. King: Matter called. Counsel for the respective parties above are present. Court hears oral argument of counsel. Having heard from counsel, Court directs further supplemental declaration as prescribed on the record within five (5) days hereof. Matter will stand submitted on the record. Court will issue such further order as deemed appropriate. Court Reporter: C. Nirenberg. (bm) (Entered: 05/09/2016)
05/13/2016 158 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocation; Memorandum of Points and Authorities in Support Thereof 151 , NOTICE OF MOTION AND MOTION for Attorney Fees and Reimbursement of Litigation Expenses; and Memorandum of Points and Authorities in Support 152 filed by Consol Plaintiff Deepak Gupta. (Attachments: # 1 Declaration of Michael Joaquin regarding A) Class Action Administration Services Estimate, B) Supplemental Estimate-Stock Disbursement to Class, # 2 Second Supplemental Declaration of Carole K. Sylvester)(Abadou, Ramzi) (Entered: 05/13/2016)
05/18/2016 159 TRANSCRIPT for proceedings held on MONDAY, MAY 9, 2016 9:30 A.M. Official Court Reporter: C. NIRENBERG, CONTACT: www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through Official Court Reporter: C. NIRENBERG, CONTACT: www.msfedreporter.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/8/2016. Redacted Transcript Deadline set for 6/20/2016. Release of Transcript Restriction set for 8/16/2016. (Nirenberg, C) (Entered: 05/18/2016)
05/18/2016 160 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, MAY 9, 2016 9:30 A.M. re Transcript 159 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Nirenberg, C) TEXT ONLY ENTRY (Entered: 05/18/2016)
05/18/2016 161 MINUTES In Chambers) Order re: Award of Attorneys' Fees 152 by Judge George H. King. Nonetheless, we agree with Lead Counsel that a lodestar multiplier is justified given the quality of work and results achieved for the settlement class. An award of 25 percent of the fund, or $2,125,000, represents a lodestar multiplier of approximately 1.5, assuming Lead Counsel's lodestar is accurate. Because the lodestar appears to be inflated, $2,125,000 likely represents a lodestar multiplier in excess of 1.5. Accordingly, a fee award of $2,125,000 is fair, reasonable, and adequate. IT IS SO ORDERED. (lom) (Entered: 05/18/2016)
05/18/2016 162 JUDGMENT AND ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARDING FEES, COSTS, AND SERVICE AWARD by Judge George H. King. IT IS HEREBY ORDERED AS FOLLOWS: The Court awards Lead Plaintiff Deepak Gupta a service award of $4,375 as fair and
reasonable compensation for his services. The Court hereby directs payment of up to $250,000 to the Claims Administrator, Gilardi & Co. LLC, as provided for in the Stipulation. Lead Plaintiff's application for attorneys' fees in the amount of $2,805,000 of the cash and stock Settlement Fund and reimbursement of litigation expenses in the amount of $48,179.47, plus interest earned on these amounts at the same rate as the Settlement Fund, is granted as follows. Upon consideration of the relevant factors, and as set forth in the concurrently filed Order re: Award of Attorneys' Fees, the Court grants an award of attorneys' fees in the amount of $2,125,000 of the cash and stock Settlement Fund, representing 25% of the Settlement Fund, plus interest earned on this amount at the same rate as the Settlement Fund. The Court grants $48,179.47 in litigation expenses, plus interest earned on this amount at the same rate as the Settlement Fund. (See attached document for details.) (MD JS-6, Case Terminated). (lom) Modified on 5/18/2016 (lom). (Entered: 05/18/2016)
09/15/2017 163 NOTICE OF MOTION AND MOTION for Disbursement of Funds because all deadlines set forth in the Notice have passed, all Class Members who submitted claims were given notice and opportunity to correct any curable deficiencies, and the process for reviewing all Claims has been completed filed by Lead Plaintiff Deepak Gupta. Motion set for hearing on 10/23/2017 at 10:00 AM before Judge George H. King. (Attachments: # 1 Declaration Declaration of Maggie McGill In Support of Motion for Distribution of Net Settlement Fund, # 2 Proposed Order Proposed Order Granting Lead Plaintiff's Motion for Distribution of Net Settlement Fund) (Abadou, Ramzi) (Entered: 09/15/2017)
09/25/2017 165 ORDER GRANTING LEAD PLAINTIFF'S MOTION FOR DISTRIBUTION OF NET SETTLEMENT FUND 163 by Judge Virginia A. Phillips: NOW, THEREFORE, upon reading: (1) the Declaration of Maggie McGill in Support of Motion for Distribution of the Net Settlement Fund (the "McGill Declaration") submitted on behalf of Gilardi; (2) the Notice of Motion and Unopposed Motion for Distribution of the Net Settlement Fund; and Memorandum of Points and Authorities in Support; and (3) the other submissions and papers on file with the Court; and upon all prior proceedings heretofore had herein, and after due deliberation, it is hereby ORDERED, that the administrative determinations of Gilardi accepting the Claims as described in the McGill Declaration and listed on Exhibit D(1) thereto, calculated pursuant to the Court-approved Plan of Allocation set forth inthe Notice, be and the same hereby are approved, and said Claims are herebyaccepted; and it is further ORDERED, that the administrative determinations of Gilardi rejecting the Claims as described in the McGill Declaration and listed on Exhibit D(2) thereto, be and the same hereby are approved, and said Claims are hereby rejected; and it is further ORDERED, that payment be made from the Settlement Fund to the Internal Revenue Service for the proper amount of taxes due and owing on the interest earned on the Settlement Fund while in escrow, if any; and it is further ORDERED, that Gilardi be paid the sum of $71,098.51 from the Net Settlement Fund as payment for the balance of its fees and expenses incurred and to be incurred in connection with the administration of the Settlement and the initial distribution of the Net Settlement Fund; and it is further ORDERED, that the Net Settlement Fund shall be distributed to the Authorized Claimants listed on Exhibit D(1) to the McGill Declaration pursuant to the Court approved Plan of Allocation in proportion to each Authorized Claimant's Recognized Claim as compared to the total Recognized Claims of all Authorized Claimants as shown on such exhibit; and it is
furtherORDERED, that the checks for distribution to the Authorized Claimants shall~ ~ bear the notation "CASH PROMPTLY, VOID AND SUBJECT TO REDISTRIBUTION IF NOT CASHED BY [DATE 120 DAYS AFTER ISSUE DATE]." Lead Counsel and Gilardi are authorized to take appropriate actions to locate and/or contact any Authorized Claimant who has not cashed his, her or its check within said time; and it is further ORDERED, that Authorized Claimants who do not cash their checks within the time allotted will irrevocably forfeit all recovery from the Settlement Fund; and it is further ORDERED, that, any funds remaining following the distribution of the Net Settlement Fund to the Class, will be used: (i) first, to pay any amounts mistakenly omitted from the initial distribution to Authorized Claimants or to pay any late, but otherwise valid and fully documented claims received after the cut-off date used to make the initial distribution, which were not previously authorized by the Court to bepaid, provided that such distributions to any late post-distribution claimants meet all of the other criteria for inclusion in the initial distribution, including the $10.00 minimum check amount set forth in the Notice; (ii) second, to pay any additional fees and expenses incurred in administering the Settlement; and (iii) finally, to make a second distribution to Authorized Claimants who cashed their checks from the initial distribution and who would receive at least $10.00 from such second distribution, after payment of the estimated fees to be incurred in administering the Net Settlement Fund and in making this second distribution, if such second distribution is economically feasible; and it is further ORDERED, that, any funds remaining six (6) months after such second distribution, if undertaken, or if such second distribution is not undertaken, and after the Claims Administrator has made reasonable and diligent efforts to have Authorized Claimants who are entitled to participate in this Settlement cash their checks, shall be donated to anon-profit charitable organizations) selected by Lead Counsel (see Stipulation at 5.6), with the consent of CytRx which consent shall not be unreasonably withheld, and approved by the Court; and it is further ORDERED, that the Court finds that the administration of the Settlement and the proposed distribution of the Net Settlement Fund comply with the terms of the Stipulation and the Plan of Allocation and that all persons involved in the review,verification, calculation, tabulation, or any other aspect of the processing of theClaims submitted in connection with the Settlement of this Action, or who areotherwise involved in the administration or taxation of the Settlement Fund or the Net Settlement Fund are released and discharged from any and all claims arising out of such involvement, and, pursuant to the release terms of the Settlement, all Class Members, whether or not they are to receive payment from the Net Settlement Fund, are barred from making any further claims against the Net Settlement Fund or the parties released pursuant to the Settlement beyond the amount allocated to them pursuant to this Order; and it is furtherORDERED, that Gilardi is hereby authorized to destroy the paper copies and allsupporting documentation of the Claim Forms one (1) year after distribution of the Net Settlement Fund and all electronic copies of claim records three (3) years after distribution of the Net Settlement Fund; and it is furtherORDERED, that this Court retain jurisdiction over any further application ormatter which may arise in connection with this Action; and it is further ORDERED,that any Claim received after August 29, 2017 be rejected as untimely and not included in the initial distribution of the Net Settlement; and it is further ORDERED, that any response to a Deficiency or Rejection Notice receivedafter August 29, 2017 be rejected as untimely and not included for consideration in
connection with the initial distribution of the Net Settlement.IT IS SO ORDERED (ab) (Entered: 09/27/2017)
09/26/2017 164 SCHEDULING NOTICE: Hearing on Plaintiff's Motion for Distribution of Net Settlement Fund 163 , set for 10/23/17 is TAKEN OFF CALENDAR without oral argument. Court will issue ruling by Chief Judge Virginia A. Phillips THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY (Entered: 09/26/2017)
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