Case details

Court: nysd
Docket #: 1:13-cv-05158
Case Name: City of Sterling Heights Police & Fire Retirement System v. Kohl's Corporation et al
PACER case #: 415225
Date filed: 2013-07-24
Date terminated: 2013-10-09
Assigned to: Judge Jed S. Rakoff
Case Cause: 15:78m(a) Securities Exchange Act
Nature of Suit: 850 Securities/Commodities
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
City of Sterling Heights Police & Fire Retirement System
Plaintiff
individually and on behalf of all others similary situated
David Avi Rosenfeld
Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: drosenfeld@rgrdlaw.com
ATTORNEY TO BE NOTICED

Mario Alba , Jr
Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: malba@rgrdlaw.com
ATTORNEY TO BE NOTICED

Robert M. Rothman
Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: (631) 367-1173 Email: rrothman@rgrdlaw.com
ATTORNEY TO BE NOTICED

Samuel Howard Rudman
Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631) 367-7100 Fax: (631) 367-1173 Email: srudman@rgrdlaw.com
ATTORNEY TO BE NOTICED

Pension Trust Fund for Operating Engineers
Movant
Samuel Howard Rudman
(See above for address)
ATTORNEY TO BE NOTICED

Kohl's Corporation
Defendant
Andrew C. Gilman
Sullivan & Cromwell LLP 125 Broad Street New York, NY 10023 (212)-558-7907 Fax: (212)-291-9648 Email: gilmana@sullcrom.com
ATTORNEY TO BE NOTICED

Howard A. Pollack
780 North Water Street Milwaukee, WI 53202-3590 (414) 273-3500 Fax: (414) 273-5198
PRO HAC VICE ATTORNEY TO BE NOTICED

John L. Kirtley
John L. Kirtley 780 North Water Street Milwaukee, WI 53202 (414)273-3500 Fax: (414)273-5198
PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew Alexander Schwartz
Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212) 558-4000 Fax: (212) 558-3588 Email: schwartzmatthew@sullcrom.com
ATTORNEY TO BE NOTICED

Robert Joseph Giuffra , Jr.
Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212)-558-3121 Fax: (212)-558-3588 Email: giuffrar@sullcrom.com
ATTORNEY TO BE NOTICED

Kevin Mansell
Defendant
Andrew C. Gilman
(See above for address)
ATTORNEY TO BE NOTICED

Howard A. Pollack
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

John L. Kirtley
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew Alexander Schwartz
(See above for address)
ATTORNEY TO BE NOTICED

Robert Joseph Giuffra , Jr.
(See above for address)
ATTORNEY TO BE NOTICED

Wesley S. McDonald
Defendant
Andrew C. Gilman
(See above for address)
ATTORNEY TO BE NOTICED

Howard A. Pollack
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

John L. Kirtley
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew Alexander Schwartz
(See above for address)
ATTORNEY TO BE NOTICED

Robert Joseph Giuffra , Jr.
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-07-24 1 0 COMPLAINT against Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Filing Fee $ 350.00, Receipt Number 465401072895)Document filed by City of Sterling Heights Police & Fire Retirement System.(cde) (jd). (Entered: 07/25/2013)
2013-07-24 2 0 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 Magistrate Judge Debra C. Freeman on 10/31/2011) (cde) (Entered: 07/25/2013)
2013-08-16 3 0 NOTICE OF COURT CONFERENCE: A conference is scheduled to take place on September 9, 2013, at the United States Courthouse, 500 Pearl Street, New York, N.Y. in Courtroom 14B at 11:00 a.m. Initial Conference set for 9/9/2013 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 8/16/2013) (js) (Entered: 08/19/2013)
2013-08-20 4 0 ORDER VACATING DESIGNATION OF CASE FOR INCLUSION IN PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES. This case was previously 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"), IT IS HEREBY ORDERED that designation is hereby vacated. (Signed by Judge Jed S. Rakoff on 8/19/2013) (js) (Entered: 08/20/2013)
2013-09-03 5 0 NOTICE OF APPEARANCE by Robert Joseph Giuffra, Jr on behalf of Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Giuffra, Robert) (Entered: 09/03/2013)
2013-09-03 6 0 NOTICE OF APPEARANCE by Matthew Alexander Schwartz on behalf of Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Schwartz, Matthew) (Entered: 09/03/2013)
2013-09-04 7 0 ORDER: The Court has scheduled a hearing to decide among applicants to be lead plaintiff in this matter, which will take place at 4 P.M.on Friday, October 4, 2013 in Courtroom 14-B of the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, NY. Inaccordance with the Private Securit s Litigation Reform Act, 15 U.S.C. ยง 78u-4(a) (3), any such application must be filed with the Court by September 23, 2013 at 5 p.m. (Conference set for 10/4/2013 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 9/4/2013) (cd) (Entered: 09/05/2013)
2013-09-12 8 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kohl's Corporation.(Schwartz, Matthew) (Entered: 09/12/2013)
2013-09-13 9 0 NOTICE OF APPEARANCE by Andrew C. Gilman on behalf of Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Gilman, Andrew) (Entered: 09/13/2013)
2013-09-13 10 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Howard A. Pollack to Appear Pro Hac Vice on Behalf of Defendants. Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kohl's Corporation, Kevin Mansell, Wesley S. McDonald.(Gilman, Andrew) Modified on 9/13/2013 (bcu). (Entered: 09/13/2013)
2013-09-13 11 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John L. Kirtley to Appear Pro Hac Vice on Behalf of Defendants. Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kohl's Corporation, Kevin Mansell, Wesley S. McDonald.(Gilman, Andrew) Modified on 9/13/2013 (bcu). (Entered: 09/13/2013)
2013-09-13 12 0 MOTION to Transfer Case. Document filed by Kohl's Corporation, Kevin Mansell, Wesley S. McDonald.(Giuffra, Robert) (Entered: 09/13/2013)
2013-09-13 13 0 MEMORANDUM OF LAW in Support re: 12 MOTION to Transfer Case.. Document filed by Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Giuffra, Robert) (Entered: 09/13/2013)
2013-09-13 14 0 DECLARATION of Howard A. Pollack in Support re: 12 MOTION to Transfer Case.. Document filed by Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Giuffra, Robert) (Entered: 09/13/2013)
2013-09-13 15 0 DECLARATION of Richard D. Schepp in Support re: 12 MOTION to Transfer Case.. Document filed by Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Giuffra, Robert) (Entered: 09/13/2013)
2013-09-13 16 0 DECLARATION of Kevin Mansell in Support re: 12 MOTION to Transfer Case.. Document filed by Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Giuffra, Robert) (Entered: 09/13/2013)
2013-09-13 17 0 DECLARATION of Wesley S. McDonald in Support re: 12 MOTION to Transfer Case.. Document filed by Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Giuffra, Robert) (Entered: 09/13/2013)
2013-09-23 18 0 NOTICE OF APPEARANCE by David Avi Rosenfeld on behalf of City of Sterling Heights Police & Fire Retirement System. (Rosenfeld, David) (Entered: 09/23/2013)
2013-09-23 19 0 NOTICE OF APPEARANCE by Mario Alba, Jr on behalf of City of Sterling Heights Police & Fire Retirement System. (Alba, Mario) (Entered: 09/23/2013)
2013-09-23 20 0 MOTION to Appoint Counsel., MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s). Document filed by Pension Trust Fund for Operating Engineers. (Attachments: # 1 Exhibit A - Proposed Order)(Rudman, Samuel) (Entered: 09/23/2013)
2013-09-23 21 0 MEMORANDUM OF LAW in Support re: 20 MOTION to Appoint Counsel. MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s).. Document filed by Pension Trust Fund for Operating Engineers. (Rudman, Samuel) (Entered: 09/23/2013)
2013-09-23 22 0 DECLARATION of Samuel H. Rudman in Support re: 20 MOTION to Appoint Counsel. MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s).. Document filed by Pension Trust Fund for Operating Engineers. (Attachments: # 1 Exhibit A - Notice, # 2 Exhibit B - Loss chart, # 3 Exhibit C - Certification, # 4 Exhibit D - Firm resume)(Rudman, Samuel) (Entered: 09/23/2013)
2013-09-26 23 0 MEMORANDUM OF LAW in Opposition re: 12 MOTION to Transfer Case.. Document filed by City of Sterling Heights Police & Fire Retirement System. (Rudman, Samuel) (Entered: 09/26/2013)
2013-09-26 24 0 DECLARATION of Samuel H. Rudman in Opposition re: 20 MOTION to Appoint Counsel. MOTION to Appoint Pension Trust Fund for Operating Engineers to serve as lead plaintiff(s).. Document filed by City of Sterling Heights Police & Fire Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rudman, Samuel) (Entered: 09/26/2013)
2013-10-01 25 0 REPLY MEMORANDUM OF LAW in Support re: 12 MOTION to Transfer Case.. Document filed by Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Giuffra, Robert) (Entered: 10/01/2013)
2013-10-01 26 0 REPLY AFFIRMATION of Howard A. Pollack in Support re: 12 MOTION to Transfer Case.. Document filed by Kohl's Corporation, Kevin Mansell, Wesley S. McDonald. (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J, # 4 Exhibit K)(Giuffra, Robert) (Entered: 10/01/2013)
2013-10-02 27 0 NOTICE OF APPEARANCE by Robert M. Rothman on behalf of City of Sterling Heights Police & Fire Retirement System. (Rothman, Robert) (Entered: 10/02/2013)
2013-10-07 28 0 ORDER FOR ADMISSION PRO HAC VICE: Attorney John L. Kirtley for Kohl's Corporation,John L. Kirtley for Kevin Mansell,John L. Kirtley for Wesley S. McDonald admitted Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 10/4/2013) (js) (Entered: 10/07/2013)
2013-10-08 29 0 ORDER FOR ADMISSION PRO HAC VICE granting 10 Motion for Howard A. Pollack to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 10/7/2013) (tn) Modified on 10/8/2013 (tn). Modified on 10/16/2013 (tn). (Entered: 10/08/2013)
2013-10-09 30 0 MEMORANDUM ORDER: The Court has considered the other traditional factors, see supra, and finds that they all cut in favor of transfer or are, at most, neutral as between the two Districts here being considered. Thus, for the foregoing reasons, the Court grants the defendants' motion to transfer. Accordingly, the Court does not reach the pending motion for lead plaintiff status filed by the Trust Fund for Operating Engineers, and will entrust its resolution to the transferee district. The Clerk of the Court is directed to forthwith transfer this case to the Eastern District of Wisconsin and to close document numbers 12 and 20 in the Court's docket. (Signed by Judge Jed S. Rakoff on 10/8/2013) (js) Modified on 10/9/2013 (js). (Entered: 10/09/2013)
2013-10-18 31 0 TRANSCRIPT of Proceedings re: HEARING held on 10/4/2013 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/12/2013. Redacted Transcript Deadline set for 11/21/2013. Release of Transcript Restriction set for 1/19/2014.(McGuirk, Kelly) (Entered: 10/18/2013)
2013-10-18 32 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 10/4/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/18/2013)