In re Audioeye, Inc. Sec. Litig.
Court Docket Sheet

District of Arizona

4:2015-cv-00163 (azd)

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1
04/20/2015
COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11584964 filed by Ralph Saczawa.
1
Civil Cover Sheet
2
https://ecf.azd.uscourts.gov/doc1/025114261954" onClick="goDLS{{'/doc1/025114261954','919874','8','','2','1','',''}};">2</a> Certification)
2 Attachments
2
04/20/2015
Filing fee paid, receipt number 0970-11584964. This case has been assigned to the Honorable David C Bury. All future pleadings or documents should bear the correct case number: 4:15-CV-00163-TUC-DCB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.
3
04/20/2015
NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Ralph Saczawa. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
4
04/20/2015
*SUMMONS Submitted by Plaintiff Ralph Saczawa.
1
Summons
2
https://ecf.azd.uscourts.gov/doc1/025114262088" onClick="goDLS{{'/doc1/025114262088','919874','15','','2','1','',''}};">2</a> Summons) *Modified to correct event type on 4/21/2015
2 Attachments
5
04/21/2015
Summons Issued as to AudioEye Incorporated, Nathaniel Bradley, Edward O'Donnell. *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
1
Summons
2
https://ecf.azd.uscourts.gov/doc1/025114265856" onClick="goDLS{{'/doc1/025114265856','919874','18','','2','1','',''}};">2</a> Summons)
2 Attachments
6
05/05/2015
SERVICE EXECUTED filed by Ralph Saczawa: Certificate of Service re: Complaint and Summons upon AudioEye, Inc. on 04/29/15.
7
05/05/2015
SERVICE EXECUTED filed by Ralph Saczawa: Certificate of Service re: Complaint and Summons upon Nathaniel Bradley on 04/27/15.
8
06/15/2015
*MOTION to Consolidate Cases, For Lead Plaintiffs Appointment and For Approval of Their Selection of Lead and Liaison Counsel by Ralph Saczawa, Sam Gindi.
1
Memorandum of Law
2
Declaration of Andrei V. Rado
3
Exhibits to Declaration of Andrei V. Rado
4
https://ecf.azd.uscourts.gov/doc1/025114497975" onClick="goDLS{{'/doc1/025114497975','919874','24','','2','1','',''}};">4</a> Text of Proposed Order) (Associated Cases: CV-15-00163-TUC-DCB,CV-15-00673-PHX-DLR) *Modified to add motion types on 8/3/2015
4 Attachments
9
06/15/2015
*MOTION to Consolidate Cases, WITHDRAWN BY DOC. 35 Motion to Appoint Lead Plaintiff, Motion to Appoint Lead Counsel by Glen Alvin Morgan.
1
Declaration of Scott H. Zwillinger in Support of Motion
2
Exhibit A
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Exhibit B
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Exhibit C
5
Exhibit D
6
https://ecf.azd.uscourts.gov/doc1/025114498802" onClick="goDLS{{'/doc1/025114498802','919874','30','','2','1','',''}};">6</a> Text of Proposed Order) (Associated Cases: CV-15-00673-PHX-DLR) *Modified to add motion types on 8/3/2015
6 Attachments
10
06/15/2015
*MOTION to Consolidate Cases ; WITHDRAWN BY DOC. 35 Appoint Lead Plaintiff; and Approve Lead Plaintiff's Selection of Counsel by Matthew Stapen.
1
https://ecf.azd.uscourts.gov/doc1/025114499231" onClick="goDLS{{'/doc1/025114499231','919874','34','','2','1','',''}};">1</a> Text of Proposed Order) (Associated Cases: CV-15-00673-PHX-DLR,CV-15-00163-TUC-DCB) *Modified to add motion types on 8/3/2015
1 Attachment
11
06/15/2015
*Memorandum of Points and Authorities in Support of 10 Motion to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiff's Selection of Counsel by Matthew Stapen. (Associated Cases: CV-15-00673-PHX-DLR,CV-15-00163-TUC-DCB) *Modified to correct event type on 6/16/2015
12
06/15/2015
*Declaration of Richard G. Himelrick in Support of 10 Motion to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiffs' Selection of Counsel by Matthew Stapen.
1
https://ecf.azd.uscourts.gov/doc1/025114499288" onClick="goDLS{{'/doc1/025114499288','919874','40','','2','1','',''}};">1</a> Exhibit 1-5) (Associated Cases: CV-15-00673-PHX-DLR,CV-15-00163-TUC-DCB) *Modified to correct event type on 6/16/2015
1 Attachment
13
06/15/2015
*MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel by Globis Capital Partners, L.P., Globis Overseas Fund, Ltd.
1
https://ecf.azd.uscourts.gov/doc1/025114499517" onClick="goDLS{{'/doc1/025114499517','919874','42','','2','1','',''}};">1</a> Text of Proposed Order) (Associated Cases: CV-15-00163-TUC-DCB,CV-15-00673-PHX-DLR) *Modified to add motion types on 8/3/2015
1 Attachment
14
06/15/2015
DECLARATION of Ira M. Press re: 13 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel by Movants Globis Capital Partners, L.P., Globis Overseas Fund, Ltd.
1
Exhibit 1-5
1 Attachment
15
06/16/2015
Pursuant to LRCiv 7.2(f) of the Rules of Practice of the United States District Court for the District of Arizona, IT IS ORDERED setting oral argument for re: 9 MOTION to Consolidate Cases filed by Glen Alvin Morgan, 13 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel filed by Globis Overseas Fund, Ltd., Globis Capital Partners, L.P., 11 MOTION to Consolidate Cases Memorandum of Points and Authorities in Support of Motion to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiff's Selection of Counsel filed by Matthew Stapen, 8 MOTION to Consolidate Cases, For Lead Plaintiffs Appointment and For Approval of Their Selection of Lead and Liaison Counsel filed by Sam Gindi, Ralph Saczawa, 10 MOTION to Consolidate Cases ; Appoint Lead Plaintiff; and Approve Lead Plaintiff's Selection of Counsel filed by Matthew Stapen, 12 MOTION to Consolidate Cases Declaration of Richard G. Himelrick in Support of Motion to: (1) Consolidate Related Actions; (2) Appoint Lead Plaintiff; and (3) Approve Lead Plaintiffs' Selection of Counsel filed by Matthew Stapen Motion Hearing set for 6/16/2015 at 02:30PM (AZ time) before Senior Judge David C Bury's law clerk, Cynthia Lorge, by telephone conference call to be initiated by Eugene Goldsmith, Esq., to (520)205-4560 with all appropriate counsel on the line. Ordered by Senior Judge David C Bury. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
16
06/16/2015
MINUTE ENTRY for proceedings held before Senior Judge David C Bury: Telephone Conference held on 6/16/2015. All parties will confer and attempt to reach a stipulated agreement resolving the pending motions to consolidate which will be filed with the Court on or before June 29, 2015. Otherwise the parties should notify the Court by this date that a ruling is required. Hearing held 2:30pm to 2:45pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
17
06/22/2015
MOTION for Admission Pro Hac Vice as to attorney Ira M Press on behalf of Globis Capital Partners, L.P., and Globis Overseas Fund, Ltd.
06/22/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX159900 as to Ira Michael Press. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
18
06/22/2015
ORDER pursuant to General Order 09-08 granting 17 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
19
07/01/2015
ORDER that all pending motions for consolidation are GRANTED. A Master File is established for this proceeding. The Master File shall be CV-15-00163-TUC- DCB. The Clerk shall file all pleadings in the Master File and note such filings on the Master Docket. The caption for the Consolidated Action is changed to: In re AudioEye, Inc. Sec. Litig., No. CV-15-00163-TUC-DCB. Oral argument by telephone conference call on the motions for appointment of lead plaintiff and lead counsel is set for July 21, 2015 at 1:00 PM (AZ). Counsel should file a notice of appearance with contact information for that date on or before July 17, 2015. Counsel may also appear in person. Signed by Senior Judge David C Bury on 7/1/2015. (Associated Cases: 4:15-cv-00163-DCB, 2:15-cv-00673-DLR)
20
07/02/2015
RESPONSE in Opposition re: 10 MOTION to Consolidate Cases ; Appoint Lead Plaintiff; and Approve Lead Plaintiff's Selection of Counsel, 9 MOTION to Consolidate Cases, 13 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel filed by Sam Gindi, Ralph Saczawa.
21
07/02/2015
DECLARATION of Andrei V. Rado re: 20 Response in Opposition to Motion for Lead Plaintiff Appointment and for Approval of Lead Counsel. filed by Sam Gindi, Ralph Saczawa.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
4 Attachments
22
07/02/2015
RESPONSE in Opposition re: 10 MOTION to Consolidate Cases ; Appoint Lead Plaintiff; and Approve Lead Plaintiff's Selection of Counsel, 8 MOTION to Consolidate Cases, For Lead Plaintiffs Appointment and For Approval of Their Selection of Lead and Liaison Counsel, 9 MOTION to Consolidate Cases filed by Globis Capital Partners LP, Globis Overseas Fund Limited.
23
07/02/2015
DECLARATION of Ira M. Press re: 22 Response in Opposition to Motion (Competing) for Lead Plaintiff Appointment by Movants Globis Capital Partners LP, Globis Overseas Fund Limited.
1
Exhibit A & B
1 Attachment
24
07/06/2015
NOTICE re: of Non-Opposition to the Motions to Consolidate of the Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel by Glen Alvin Morgan.
25
07/10/2015
MOTION for Admission Pro Hac Vice as to attorney Andrei Rado on behalf of Ralph Saczawa.
07/10/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX160554 as to Andrei V Rado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
26
07/10/2015
ORDER pursuant to General Order 09-08 granting 25 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
27
07/10/2015
NOTICE re: Non-Opposition to Lead Plaintiff Motions by Matthew Stapen.
28
07/13/2015
REPLY to Response to Motion re: 8 MOTION to Consolidate Cases, For Lead Plaintiffs Appointment and For Approval of Their Selection of Lead and Liaison Counsel filed by Sam Gindi, Ralph Saczawa.
29
07/13/2015
REPLY to Response to Motion re: 13 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Lead Counsel and Liaison Counsel filed by Globis Capital Partners LP, Globis Overseas Fund Limited.
30
07/13/2015
DECLARATION of Ira M. Press re: 29 Reply to Response to Motion for Lead Plaintiff Appointment by Movants Globis Capital Partners LP, Globis Overseas Fund Limited.
1
Exhibit 1-3
1 Attachment
31
07/14/2015
*NOTICE of Appearance by Aaron Trachtman Goodman on behalf of AudioEye Incorporated, Nathaniel Bradley. *Modified to add attorney Mark A. Nadeau on 7/15/2015
32
07/14/2015
NOTICE of Appearance by Ira Michael Press on behalf of Globis Capital Partners LP, Globis Overseas Fund Limited.
33
07/15/2015
NOTICE of Appearance by Eugene N Goldsmith on behalf of Sam Gindi, Ralph Saczawa.
34
07/21/2015
MINUTE ENTRY for proceedings held before Senior Judge David C Bury: Motion Hearing held on 7/21/2015. Oral arguements by telephone conference call heard on the motions for appointment of lead plaintiff and lead counsel. Court has taken motions under advisement. Formal order shall follow. APPEARANCES: Telephonic appearance by Andrei Rado for Plaintiff Ralph Scazawa. Telephonic appearance by Eugene Goldsmith for Plaintiff Ralph Saczawa and Movant Sam Gindi. Telephonic appearance by Ira Press for Globis Capital/Globis Overseas Fund. Telephonic appearance by Aaron Goodman for Defendants AudioEye, Inc., Bradley, O'Donnell. Telephonic appearance by Robert Weber to file notice of Pro Hac Vice for Defendant. (Court Reporter Cindy Shearman.) Hearing held 1:00 PM to 2:00 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
35
08/03/2015
ORDER that the Clerk's Office is directed to correct the docket to reflect that the motions at Docs. 8, 9, 10, and 13 are divided into three parts: consolidation, appointment of lead plaintiff, and appointment of lead counsel. All consolidation motions were granted previously by the Court. (Doc. 19). It is further Ordered that the motions for lead plaintiff and lead counsel (Doc. 9, 10) are withdrawn and denied as moot. It is further Ordered that the Plaintiffs Saczawa/Gindi's motion for appointment of lead plaintiff/counsel (Doc. 8) is DENIED and the Plaintiffs Globis' motion for appointment of lead plaintiff/counsel (Doc. 13) is granted. Globis Capital Partners LP and Globis Overseas Fund Ltd. are appointed lead plaintiffs and their chosen counsel are appointed as lead attorneys in this action: Kirby McInerney LLP and Bonnett Fairbourn Friedman & Balint (liaison). Signed by Senior Judge David C Bury on 7/31/2015.
36
08/04/2015
MOTION for Admission Pro Hac Vice as to attorney Perrie Weiner on behalf of AudioEye Incorporated and Nathaniel Bradley.
37
08/04/2015
MOTION for Admission Pro Hac Vice as to attorney Robert Weber on behalf of AudioEye Incorporated and Nathaniel Bradley.
08/05/2015
PRO HAC VICE FEE PAID. $ 70, receipt number TUC022992 as to Perrie M Weiner, Robert Weber. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
38
08/05/2015
ORDER pursuant to General Order 09-08 granting 36 Motion for Admission Pro Hac Vice; granting 37 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
39
11/03/2015
MOTION for Admission Pro Hac Vice as to attorney Mark A Strauss on behalf of Globis Capital Partners LP, and Globis Overseas Fund Limited.
11/04/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX164631 as to Mark A Strauss. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
40
11/04/2015
ORDER pursuant to General Order 09-08 granting 39 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
41
11/30/2015
AMENDED COMPLAINT against AudioEye Incorporated, Nathaniel Bradley, Edward O'Donnell filed by Globis Overseas Fund Limited, Globis Capital Partners LP.
42
12/18/2015
STIPULATION Establishing Schedule for Filing of Consolidated Amended Complaint and Briefing on Motion(s) to Dismiss by Globis Capital Partners LP, Globis Overseas Fund Limited.
1
Text of Proposed Order
1 Attachment
43
12/21/2015
ORDER granting 42 Stipulation, hard copy of Order to follow. Signed by Senior Judge David C Bury on 12/21/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
44
12/29/2015
MOTION to Intervene by Matthew Stapen.
1
Text of Proposed Order
1 Attachment
45
12/29/2015
DECLARATION of Richard G. Himelrick in Support of re: 44 MOTION to Intervene by Movant Matthew Stapen.
1
Exhibit 1
1 Attachment
46
01/05/2016
ORDER establishing schedule for filing of consolidated amended complaint and briefing on motion(s) to dismiss. Plaintiffs shall file their consolidated amended class action complaint on or before November 30, 2015. Defendants shall answer or otherwise respond to the consolidated amended class action complaint by January 29, 2016. Plaintiffs shall file any opposition papers by March 4, 2016. Defendants shall file any reply papers by April 4, 2016. Signed by Senior Judge David C Bury on 1/5/16.
47
01/06/2016
STIPULATION re: 44 MOTION to Intervene by Globis Capital Partners LP, Globis Overseas Fund Limited.
1
Text of Proposed Order
1 Attachment
48
01/06/2016
*NOTICE of Appearance by A Bates Butler, III on behalf of Edward O'Donnell. *Modified to correct attorney representation for Defendant Edward O'Donnell on 1/7/2016
49
01/07/2016
ORDER, re: 44 MOTION to Intervene. Any opposition papers shall be filed on or before February 2, 2016. Any reply papers shall be filed on or before February 19, 2016. Signed by Senior Judge David C Bury on 1/6/16.
50
01/21/2016
STIPULATION and (Proposed) Order Exceeding Page Limit for Briefing on Motions to Dismiss by Edward O'Donnell.
1
Text of Proposed Order
1 Attachment
51
01/25/2016
ORDER granting 47 Stipulation, 50 Stipulation. Formal Orders to follow. Signed by Senior Judge David C Bury on 1/25/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
52
01/26/2016
STIPULATION ON BRIEFING MOTION TO INTERVENE: It is Ordered adopting the following briefing schedule for the Motion to Intervene (Doc. 44): Any opposition papers shall be filed on or before February 2, 2016 and any reply papers shall be filed on or before February 19, 2016. Signed by Senior Judge David C Bury on 1/26/2016.
53
01/26/2016
ORDER granting 50 Stipulation to Exceed Page Limit for Briefing on Motions to Dismiss filed by Edward O'Donnell (see attached Order for complete details). Signed by Senior Judge David C Bury on 1/26/2016.
54
01/27/2016
STIPULATION re: 41 Amended Complaint Modifying Schedule for Briefing on Motion to Dismiss by AudioEye Incorporated, Nathaniel Bradley.
1
Text of Proposed Order
1 Attachment
55
02/01/2016
MOTION for Admission Pro Hac Vice as to attorney Mendy Piekarski on behalf of Edward O'Donnell.
02/02/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX167973 as to Mendy Piekarski. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
56
02/02/2016
ORDER pursuant to General Order 09-08 granting 55 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
57
02/02/2016
RESPONSE in Opposition re: 44 MOTION to Intervene filed by Globis Capital Partners LP, Globis Overseas Fund Limited.
58
02/02/2016
DECLARATION of Mark A. Strauss re: 57 Response in Opposition to Motion, 44 MOTION to Intervene. filed by Globis Capital Partners LP, Globis Overseas Fund Limited.
1
Exhibit 1
2
Exhibit 2
2 Attachments
59
02/02/2016
RESPONSE in Opposition re: 44 MOTION to Intervene Defendant Edward O'Donnell's Response Brief in Opposition to Matthew Stapen's Motion to Intervene filed by Edward O'Donnell.
60
02/02/2016
ORDER granting 54 Stipulation : written order to follow. Signed by Senior Judge David C Bury on 2/2/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
61
02/02/2016
ORDER, Defendants shall answer or otherwise respond to the consolidated amended class action complaint by February 5, 2016. Plaintiffs shall file any opposition papers by March 18, 2016. Defendants shall file any reply papers by April 18, 2016. Signed by Senior Judge David C Bury on 2/1/16.
62
02/02/2016
RESPONSE in Opposition re: 44 MOTION to Intervene filed by AudioEye Incorporated, Nathaniel Bradley.
63
02/04/2016
Pursuant to LRCiv 7.2(f) of the Rules of Practice of the United States District Court for the District of Arizona, IT IS ORDERED setting oral argument for re: 44 MOTION to Intervene filed by Matthew Stapen Motion Hearing set for 4/5/2016 at 01:30 PM (AZ time) in Courtroom 6B, 405 West Congress Street, Tucson, AZ 85701 before Senior Judge David C Bury. Any party interested in appearing telephonically should file a written notice with the Court by March 28, 2016 and the Court will provide you with the information to participate telephonically. Ordered by Senior Judge David C Bury. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
64
02/05/2016
*MOTION to Dismiss Case by Edward O'Donnell.
1
Memorandum of Law in Support of Defendant Edward O'Donnell's Motion to Dismiss
2
Declaration: Exhibit 1
3
Declaration: Exhibit 2
4
Declaration: Exhibit 3
5
Declaration: Exhibit 4
6
Declaration: Exhibit 5
7
Declaration: Exhibit 6
8
Declaration: Exhibit 7
9
https://ecf.azd.uscourts.gov/doc1/025115451526" onClick="goDLS{{'/doc1/025115451526','919874','268','','2','1','',''}};">9</a> Declaration of Mendy Piekarski in Support of Edward O'Donnell's Motion to Dismiss *Modified to correct title of attachment 1 on 2/5/2016 (DLC). *Modified to correct title of attachments 2-9 on 2/8/2016
9 Attachments
65
02/05/2016
MOTION to Dismiss Case by AudioEye Incorporated, Nathaniel Bradley.
1
Memorandum of Points and Authorities
2
Request for Judicial Notice
3
Declaration of Robert D. Weber Supporting Motion
3 Attachments
66
02/16/2016
NOTICE re: and Request for Telephonic Appearance by AudioEye Incorporated, Nathaniel Bradley re: 63 Set Oral Argument.
67
02/17/2016
NOTICE re: Request for Telephonic Appearance by Globis Capital Partners LP, Globis Overseas Fund Limited.
68
02/18/2016
MOTION for Admission Pro Hac Vice as to attorney Phillip Kim by Matthew Stapen.
1
Certificate of good standing
1 Attachment
69
02/18/2016
NOTICE TO FILER OF DEFICIENCY re: 68 MOTION for Admission Pro Hac Vice as to attorney Phillip Kim filed by Matthew Stapen. Pro Hac Vice motion submitted with state court certificate of good standing. FOLLOW-UP ACTION REQUIRED: Please resubmit motion with original certificates of good standing from a federal court. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within seven business days of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
70
02/18/2016
NOTICE re: Request for Telephonic Appearance by Edward O'Donnell re: 63 Set Oral Argument.
71
02/19/2016
REPLY to Response to Motion re: 44 MOTION to Intervene filed by Matthew Stapen.
72
03/02/2016
Due to a conflict in the Court's calendar, IT IS ORDERED the motion hearing for 44 Motion to Intervene filed by Matthew Stapen presently set for 4/5/2016 at 1:30 PM, is VACATED and RESET. Motion Hearing set for 4/4/2016 at 02:00 PM in Courtroom 6B, 405 West Congress Street, Tucson, AZ 85701 before Senior Judge David C Bury. Please notify the Court if you prefer to appear telephonically. Ordered by Senior Judge David C Bury. (DCB)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
73
03/03/2016
MOTION for Admission Pro Hac Vice as to attorney Marc J Ross on behalf of Edward O'Donnell.
03/04/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX169262 as to Marc J Ross. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
74
03/04/2016
ORDER pursuant to General Order 09-08 granting 73 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
75
03/18/2016
RESPONSE in Opposition re: 64 MOTION to Dismiss Case, 65 MOTION to Dismiss Case filed by Globis Capital Partners LP, Globis Overseas Fund Limited.
76
03/18/2016
DECLARATION of Mark Strauss re: 64 MOTION to Dismiss Case, 65 MOTION to Dismiss Case, in Opposition. filed by Globis Capital Partners LP, Globis Overseas Fund Limited.
1
Exhibit 1
1 Attachment
77
03/31/2016
MOTION for Admission Pro Hac Vice as to attorney Phillip Kim by Matthew Stapen.
1
Federal Certificate of Good Standing
1 Attachment
04/01/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX170297 as to Phillip Kim. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
78
04/01/2016
ORDER pursuant to General Order 09-08 terminating 68 Motion for Admission Pro Hac Vice; granting 77 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
79
04/04/2016
MINUTE ENTRY for Motion Hearing held on 4/4/2016 before Senior Judge David C. Bury: Re: 44 MOTION to Intervene filed by Matthew Stapen. Oral arguements heard. The Court is taking under advisement 44 Motion to Intervene. Formal order shall follow. APPEARANCES: Telephonic appearance by Mark Strauss for Plaintiffs. A Bates Butler III present and Telephonic appearance by Mendy Piekarski for Defendant Edward O'Donnell. Present Phillip Kim and Richard Glenn Himelrick for Movant Matthew Stapen. (Court Reporter Cindy Shearman) Hearing held 2:00 PM to 2:23 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
80
04/11/2016
Additional Attachments to Main Document re: 44 MOTION to Intervene Revised Proposed Order by Movant Matthew Stapen.
1
Text of Proposed Order Revised Proposed Order
1 Attachment
81
04/13/2016
ORDER that the Motion to Intervene (Doc. 44) is Granted in Part and Denied in Part. The motion is granted in that the Lead Plaintiff is directed to file a Second Amended Complaint that includes the Arizona Securities Law violations. It is further Ordered that the pending motions to dismiss (Docs. 64, 65)are dismissed as moot without prejudice to refiling after the Second Amended Complaint is filed (see attached Order for complete details). Signed by Senior Judge David C Bury on 4/11/2016.
82
04/13/2016
STIPULATION TEMPORARILY STAYING PROCEEDINGS UNTIL AFTER VOLUNTARY MEDIATION by AudioEye Incorporated, Nathaniel Bradley.
1
Proposed Order
1 Attachment
83
04/21/2016
ORDER pursuant to 82 Stipulation Temporarily Staying Proceedings Until After Voluntary Mediation. It is Ordered that all proceedings in this matter are stayed until June 30, 2016. Signed by Senior Judge David C Bury on 4/20/2016.
84
06/28/2016
STIPULATION and Proposed Order re Extending the Temporary Stay of Proceedings Until After Voluntary Mediation by Edward O'Donnell.
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Text of Proposed Order
1 Attachment
85
07/05/2016
ORDER pursuant to 84 Stipulation Extending the Temporary Stay of Proceedings Until After Voluntary Mediation. It is ordered that a STAY of all matters in this action is continued and remains in effect until August 1, 2016, as the parties are engaging in private mediation. It is further ORDERED that, if this matter is not resolved by August 1, 2016, the following case schedule is in place: on or before August 12, 2016, Plaintiff is directed to file a Second Amended Complaint as required in the April 11, 2016 Order (Doc. 81). Signed by Senior Judge David C Bury on 6/30/16.
86
07/29/2016
NOTICE of Settlement by AudioEye Incorporated, Nathaniel Bradley.
87
08/08/2016
ORDER: Based on a Notice of Settlement filed with the Court, all scheduling deadlines and stay of proceedings are vacated. The parties should endeavor to file the settlement paperwork to resolve this class action on or before December 2, 2016. Signed by Senior Judge David C Bury on 8/8/2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
88
11/28/2016
ORDER: the parties should endeavor to file the settlement paperwork on or before December 16, 2016, otherwise a notice to show cause why this action should not be dismissed will issue. Signed by Senior Judge David C Bury on 11/28/16.
2
https://ecf.azd.uscourts.gov/doc1/025116785902" onClick="goDLS{{'/doc1/025116785902','919874','352','','2','1','',''}};">2</a> Exhibit B) *Modified to add motion type on 12/19/2016
2 Attachments
90
12/19/2016
Pursuant to LRCiv 7.2(f) of the Rules of Practice of the United States District Court for the District of Arizona, IT IS ORDERED setting oral argument for re: 89 MOTION and Memorandum of Points and Authorities in Support of Preliminary Approval of Settlement, Preliminary Certification of Settlement Class, and Establishing Notice Procedures filed by Globis Capital Partners LP, Globis Overseas Fund Limited Motion Hearing set for 1/23/2017 at 01:30 PM in Courtroom 6B, 405 West Congress Street, Tucson, AZ 85701 before Senior Judge David C Bury. Counsel should contact the Court by 1/18/17 to appear telephonically. Ordered by Senior Judge David C Bury. (DCB)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
91
01/18/2017
REQUEST re: Request for Telephonic Appearance at hearing scheduled for 1/23/17 at 1:30 PM by Defendant Edward O'Donnell.
92
01/23/2017
MINUTE ENTRY for Motion Hearing held on 1/23/2017 before Senior Judge David C Bury: Re: 89 MOTION and Memorandum of Points and Authorities in Support of Preliminary Approval of Settlement, Preliminary Certification of Settlement Class, and Establishing Notice Procedures MOTION to Certify Class filed by Globis Capital Partners LP, Globis Overseas Fund Limited. The Court is granting 89 Motion Preliminary Approval of Settlement; granting 89 Motion to Certify Class. Formal order shall follow. APPEARANCES: Ira Michael Press for Plaintiffs. Robert Weber for Defendants Telephonic appearance by Mendy Piekarsji for Defendant Edward O'Donnell. Final Settlement Conference set for 5/8/2017 at 01:30 PM before Senior Judge David C Bury. (Court Reporter Tracy Jamieson) Hearing held 1:30 PM to 1:51 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
93
01/23/2017
ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE. A hearing (the "Final Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e) shall be held before the Court on 5/8/17 at 1:30 PM (See attached PDF for complete information). Signed by Senior Judge David C Bury on 1/23/17.
94
04/03/2017
MOTION to Certify Class and Plan of Allocation, MOTION for Final Approval of the Settlement and Memorandum of Points and Authorities in Support Thereof by Globis Capital Partners LP, Globis Overseas Fund Limited.
95
04/03/2017
MOTION for Attorney Fees and Reimbursement of Expenses; Memorandum of Points and Authorities in Support Thereof by Globis Capital Partners LP, Globis Overseas Fund Limited.
96
04/03/2017
DECLARATION of Ira M. Press re: 94 MOTION to Certify Class and Plan of Allocation MOTION for Final Approval of the Settlement and Memorandum of Points and Authorities in Support Thereof, 95 MOTION for Attorney Fees and Reimbursement of Expenses; Memorandum of Points and Authorities in Support Thereof by Plaintiffs Globis Capital Partners LP, Globis Overseas Fund Limited.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
9 Attachments
97
04/28/2017
REQUEST re: Notice and Request to Appear Telephonically at May 8th Settlement Hearing by Defendant Edward O'Donnell.
98
05/01/2017
REPLY to Response to Motion re: 94 MOTION to Certify Class and Plan of Allocation MOTION for Final Approval of the Settlement and Memorandum of Points and Authorities in Support Thereof, 95 MOTION for Attorney Fees and Reimbursement of Expenses; Memorandum of Points and Authorities in Support Thereof filed by Globis Capital Partners LP, Globis Overseas Fund Limited.
99
05/08/2017
MINUTE ENTRY for Final Settlement Conference held on 5/8/2017 held before Senior Judge David C Bury: granting 94 Motion to Certify Class; granting 94 Motion for Final Approval for Settlement; granting 95 Motion for Attorney Fees. (See attached pdf for complete information). Order and final judgment to follow. (Court Reporter Tracy Jamieson) Hearing held 1:30 PM to 1:45 PM.
100
05/08/2017
ORDER AND FINAL JUDGMENT: Lead Plaintiffs' Counsel are HEREBY AWARDED 33 1/3% (thirty-three and one-third percent) of the Gross Settlement Fund for their attorneys' fees, plus accrued interest, which sum the Court finds to be fair and reasonable. Lead Plaintiffs' Counsel are hereby AWARDED $507,825.00, plus accrued interest, in reimbursement of litigation expenses of $26,250.47, which expenses the Courts finds to be have been reasonably incurred. The foregoing amounts shall be paid to Lead Plaintiffs' Counsel from the Gross Settlement Fund, $1,525,000.00 in cash, subject to the terms, conditions, and obligations of the Stipulation, which terms, conditions, and obligations are incorporated herein. It is further Ordered that the Motion for an Award of Attorneys' Fees and Reimbursement of Expenses (Doc. 95) and the Motion for Final Approval of the Settlement, Class Certification and Plan of Allocation (Doc. 94) are GRANTED. This is the Final Judgment of the Court. This action is closed. Signed by Senior Judge David C Bury on 5/8/2017.

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