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17-3152 - Gerson v. Hays et al


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17-3152 - Gerson v. Hays et al
November 30, 2017
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ORDER FOR CONSOLIDATION AND APPOINTMENT OF CO-LEAD PLAINTIFFS AND CO-LEAD COUNSEL - IT IS ORDERED that the Joint Motion for Consolidation of Related Actions and Appointment of Co-Lead Plaintiffs and Co-Lead Counsel (Filing No. 22 in Case No. 4:17CV441; Filing No. 22 in Case No. 4:17CV3152) is granted. The parties Stipulation for Consolidation of Related Actions and Appointment of Co-Lead Plaintiffs and Co-Lead Counsel (Filing No. 23 in Case No. 4:17CV441; Filing No. 23 in Case No. 4:17CV3152) is adopted. The Gennaro Action and the Gerson Action shall be consolidated for all purposes, herein referred to as the "Consolidated Action." The law firms of Kessler Topaz Meltzer & Check, LLP and Labaton Sucharow LLP will serve as co-lead counsel for Plaintiffs in the Consolidated Action. Anthony Gennaro, Jr. and James D. Gerson shall serve as co-lead plaintiffs in the Consolidated Action. The Bruning Law Group shall serve as liaison counsel in the Consolidated Action. Hereafter, papers only need to be filed in Case No. 4:17-cv-00441-JMG-MDN. All documents previously filed to date in either of the Gennaro Action or Gerson Action are deemed filed and are a part of the record in the Consolidated Action. Defendants shall have no obligation to respond or file an answer to the complaints filed in the Gennaro Action and Gerson Action. A consolidated amended complaint shall be filed in the Consolidated Action and shall be deemed the operative complaint and shall supersede all previous complaints filed in any of the Gennaro Action or the Gerson Action, or any other action subsequently consolidated herewith. Defendants shall answer or move to dismiss the consolidated amended complaint within thirty (30) days of the filing of the consolidated amended complaint. This Order shall apply to this Consolidated Action and any future-filed actions relating to the subject matter of this case. When a case that properly belongs as part of the Consolidated Action is hereafter filed in the Court, this Court requests the assistance of Co-Lead Counsel in calling to the attention of the Court the filing of any case which might properly be consolidated as part of the Consolidated Action, and Co-Lead Counsel is to assist in assuring that counsel in subsequent actions receive notice of this Order. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
December 5, 2017
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ORDER: The parties' Joint Stipulation to Extend Deadline for Oppositions to Motions for Preliminary Injunction (case no. 4:17-cv-441 filing 33; case no 4:17-cv-3152 filing 30) is approved. The Clerk of the Court is directed to enter a case management deadline for March 1, 2018 with the following docket text: Check on pendency and progression of preliminary injunction motions. Member Cases: 4:17-cv-00441-JMG-MDN, 4:17-cv-03152-JMG-MDN Ordered by Judge John M. Gerrard. (ADB)
March 7, 2018
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ORDER - The parties' motions for preliminary injunction (case no. 4:17-cv-441 filing 9; case no 4:17-cv-3152 filing 16) are denied as moot. This matter is referred to the Magistrate Judge for case progression. Member Cases: 4:17-cv-00441-JMG-MDN, 4:17-cv-03152-JMG-MDN Ordered by Judge John M. Gerrard. (LKO)
March 30, 2018
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ORDER - granting Joint Stipulation for Dismissal 48. The plaintiffs' complaint is dismissed without prejudice. The Clerk of the Court shall add "James D. Gerson, on behalf of himself and all other similarly situated shareholders of National Research Corporation, and derivatively on behalf of Nominal Defendant National Research Corporation" to Case No. 4:17-cv-441 as a plaintiff, represented by the counsel that appeared on his behalf in this case. The Clerk of the Court shall add the "Michael And Karen Hays Grandchildren's Trust" to Case No. 4:17-cv-441 as a defendant, represented by the counsel that appeared on its behalf in this case. This case is closed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (KLF)