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Faig v. Bioscrip, Inc. et al, No. 1:13-cv-06922 (S.D.N.Y.)
Case Title: Faig v. Bioscrip, Inc. et al
Case Type: Civil Case
Court: U.S. District Court for the Southern District of New York
Index Number(s): 1:2013cv6922, 1:13-cv-06922, 1:13-cv-06922-AJN
Nature of Suit: 850 Securities/Commodities
Judge: Alison J. Nathan
Case Opened: September 30, 2013
Case Closed June 16, 2016
Docket Entries
Date Filed Dkt # Entry Text
Sep 30, 2013 SUMMONS ISSUED as to Bioscrip, Inc., Patricia Bogusz, Mary Jane Graves, Richard M. Smith, Hai V. Tran. (laq)
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Sep 30, 2013 Magistrate Judge Frank Maas is so designated. (laq)
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Sep 30, 2013 Case Designated ECF. (laq)
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Sep 30, 2013 1 COMPLAINT against Bioscrip, Inc., Patricia Bogusz, Mary Jane Graves, Richard M. Smith, Hai V. Tran. (Filing Fee $ 350.00, Receipt Number 1077865)Document filed by Timothy Faig.(laq) (jd). (Entered: 10/01/2013)
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Sep 30, 2013 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (laq) (Entered: 10/01/2013)
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Oct 2, 2013 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for Friday, 12/13/2013 at 10:15 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via email proposed case management plan and joint letter nine days before conference, and as further set forth in this document. (Signed by Judge Alison J. Nathan on 10/2/2013) (cd) (Entered: 10/03/2013)
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Nov 4, 2013 4 LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Jay P. Lefkowitz, P.C. dated November 4, 2013. Document filed by Bioscrip, Inc..(Lefkowitz, Jay) (Entered: 11/04/2013)
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Nov 6, 2013 5 ORDER granting 4 Letter Motion for Extension of Time. The parties' above requests are granted and SO ORDERED with the following specifications. Plaintiff shall have until 2/4/2014, to file an amended complaint. If a motion to dismiss is filed, counsel must follow Rule 3.F of the Court's Individual Rule of Practice. This resolves Dkt No. 4. Amended Pleadings due by 2/4/2014. (Signed by Judge Alison J. Nathan on 11/6/2013) (cd) Modified on 11/13/2013 (cd). (Entered: 11/07/2013)
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Nov 29, 2013 6 MOTION to Consolidate Cases 1:13-cv-06922; 1:13-cv-08175., MOTION to Appoint Timothy Faig to serve as lead plaintiff(s)., MOTION to Appoint Counsel Pomerantz Grossman Hufford Dahlstrom & Gross LLP. Document filed by Timothy Faig. (Attachments: # 1 Text of Proposed Order)(Lieberman, Jeremy) (Entered: 11/29/2013)
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Nov 29, 2013 7 MEMORANDUM OF LAW in Support re: 6 MOTION to Consolidate Cases 1:13-cv-06922; 1:13-cv-08175. MOTION to Appoint Timothy Faig to serve as lead plaintiff(s). MOTION to Appoint Counsel Pomerantz Grossman Hufford Dahlstrom & Gross LLP. MOTION to Appoint Timothy Faig to serve as lead plaintiff(s).. Document filed by Timothy Faig. (Attachments: # 1 Exhibit A, Press Release, # 2 Exhibit B, Certification, # 3 Exhibit C, Loss Chart, # 4 Exhibit D, Firm Resume)(Lieberman, Jeremy) (Entered: 11/29/2013)
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Dec 2, 2013 8 MOTION to Appoint West Palm Beach Police Pension Fund to serve as lead plaintiff(s), approval of their selection of lead counsel., MOTION to Consolidate Cases 13-CV-06922; 13-CV-08175. Document filed by West Palm Beach Police Pension Fund.(Trinko, Curtis) (Entered: 12/02/2013)
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Dec 2, 2013 9 MEMORANDUM OF LAW in Support re: 8 MOTION to Appoint West Palm Beach Police Pension Fund to serve as lead plaintiff(s), approval of their selection of lead counsel. MOTION to Consolidate Cases 13-CV-06922; 13-CV-08175. MOTION to Appoint West Palm Beach Police Pension Fund to serve as lead plaintiff(s), approval of their selection of lead counsel.. Document filed by West Palm Beach Police Pension Fund. (Attachments: # 1 Text of Proposed Order)(Trinko, Curtis) (Entered: 12/02/2013)
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Dec 2, 2013 10 DECLARATION of Joseph E. White, III in Support re: 8 MOTION to Appoint West Palm Beach Police Pension Fund to serve as lead plaintiff(s), approval of their selection of lead counsel. MOTION to Consolidate Cases 13-CV-06922; 13-CV-08175. MOTION to Appoint West Palm Beach Police Pension Fund to serve as lead plaintiff(s), approval of their selection of lead counsel.. Document filed by West Palm Beach Police Pension Fund. (Attachments: # 1 Exhibit A First Notice, # 2 Exhibit B Certification, # 3 Exhibit C Loss Chart, # 4 Exhibit D Saxena White Notice, # 5 Exhibit E SW Firm Resume, # 6 Exhibit F Trinko Resume)(Trinko, Curtis) (Entered: 12/02/2013)
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Dec 2, 2013 11 MOTION to Appoint Fresno County Employees' Retirement Association to serve as lead plaintiff(s). Document filed by Fresno County Employees' Retirement Association.(Silk, Gerald) (Entered: 12/02/2013)
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Dec 2, 2013 12 MEMORANDUM OF LAW in Support re: 11 MOTION to Appoint Fresno County Employees' Retirement Association to serve as lead plaintiff(s).. Document filed by Fresno County Employees' Retirement Association. (Silk, Gerald) (Entered: 12/02/2013)
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Dec 2, 2013 13 DECLARATION of Gerald H. Silk in Support re: 11 MOTION to Appoint Fresno County Employees' Retirement Association to serve as lead plaintiff(s).. Document filed by Fresno County Employees' Retirement Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Silk, Gerald) (Entered: 12/02/2013)
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Dec 18, 2013 14 RESPONSE in Support of Motion re: 11 MOTION to Appoint Fresno County Employees' Retirement Association to serve as lead plaintiff(s). and withdrawal of West Palm Beach Police Pension Fund's Motion For Appointment As Lead Plaintiff. Document filed by West Palm Beach Police Pension Fund. (Trinko, Curtis) (Entered: 12/18/2013)
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Dec 19, 2013 15 NOTICE of of Withdrawal of Lead Plaintiff Motion re: 6 MOTION to Consolidate Cases 1:13-cv-06922; 1:13-cv-08175. MOTION to Appoint Timothy Faig to serve as lead plaintiff(s). MOTION to Appoint Counsel Pomerantz Grossman Hufford Dahlstrom & Gross LLP. MOTION to Appoint Timothy Faig to serve as lead plaintiff(s)., 7 Memorandum of Law in Support of Motion,. Document filed by Timothy Faig. (Lieberman, Jeremy) (Entered: 12/19/2013)
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Dec 19, 2013 16 MEMORANDUM OF LAW in Support re: 11 MOTION to Appoint Fresno County Employees' Retirement Association to serve as lead plaintiff(s).. Document filed by Fresno County Employees' Retirement Association. (Silk, Gerald) (Entered: 12/19/2013)
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Dec 19, 2013 17 MEMORANDUM & ORDER granting (6) Motion to Consolidate Cases 1:13-cv-6922 (as Lead Case) with 1:13-cv-8175; denying (6) Motion to Appoint ; denying (6) Motion to Appoint Counsel ; terminating (8) Motion to Appoint ; terminating (8) Motion to Consolidate Cases 1:13-cv-6922 (as Lead Case) with 1:13-cv-8175; granting (11) Motion to Appoint in case 1:13-cv-06922-AJN; terminating (4) Motion to Appoint ; terminating (4) Motion to Consolidate Cases 1:13-cv-6922 (as Lead Case) with 1:13-cv-8175 in case 1:13-cv-08175-AJN. For the foregoing reasons, the motions to consolidate and Fresno's motion for appointment as lead plaintiff and approval of its selection of lead counsel are granted, and Faig's motion for appointment as lead plaintiff and approval of his selection of lead counsel is denied. Pursuant to Federal Rule of Civil Procedure 42(a), any pending, subsequently filed, removed, or transferred actions that are related to the claims asserted in the captioned actions are consolidated for all purposes. The consolidated action shall be captioned "In re BioScrip, Inc. Securities Litigation," and the file shall be maintained under Master File No. 13-cv-06922. This resolves Docket Numbers 6, 8, and 11. (Signed by Judge Alison J. Nathan on 12/19/2013) Filed In Associated Cases: 1:13-cv-06922-AJN, 1:13-cv-08175-AJN (lmb) (Entered: 12/19/2013)
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