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Douglas v. Norwegian Cruise Lines et al, Docket No. 1:20-cv-21107 (S.D. Fla. Mar 12, 2020), Court Docket
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Douglas v. Norwegian Cruise Lines et al

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flsdc
U.S. District Court
Southern District of Florida (Miami)
CIVIL DOCKET FOR CASE #: 1:20-cv-21107-RNS

Douglas v. Norwegian Cruise Lines et al

DOCKET INFORMATION
Minimize
Date Filed: Mar 12, 2020
Status: Closed
Nature of suit:850 Securities/Commodities
Assigned to:Judge Robert N. Scola, Jr
Cause:28:1331 Fed. Question: Securities Violation
Date terminated:2021-04-12
Jurisdiction:Federal Question
Jury demand:Plaintiff
Referred to:Magistrate Judge Edwin G. Torres

Parties and Attorneys

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 Plaintiff
Eric Douglas
individually and on behalf of all others similarly situated
Plaintiff
Representation
Laurence Matthew Rosen
The Rosen Law Firm
275 Madison Avenue
40th Floor
New York, NY 10016
(212) 686-1060
Fax: 202-3827
lrosen@rosenlegal.com
ATTORNEY TO BE NOTICED

 Plaintiff
Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund
Plaintiff
Representation
Robert Jeffrey Robbins
Robbins Geller Rudman & Dowd LLP
120 E Palmetto Park Road
Suite 500
Boca Raton, FL 33432
(561) 750-3000
Fax: 750-3364
rrobbins@rgrdlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Christian Giacomo Montelione
Robbin Geller Rudman & Dowd LLP
120 E. Palmetto Park Road
Ste 500
Boca Raton, FL 33432
(561) 750-3000
Fax: (561) 750-3364
cmontelione@rgrdlaw.com
ATTORNEY TO BE NOTICED
Sabrina Elsa Tirabassi
Robbins Geller Rudman & Dowd LLP
120 E Palmetto Park Road
Suite 500
Boca Raton, FL 33432
(561) 750-3000
Fax: (561) 750-3364
stirabassi@rgrdlaw.com
ATTORNEY TO BE NOTICED

 Plaintiff
William C. Perry
Plaintiff
Representation
Benjamin Jacobs Widlanski
Kozyak Tropin Throckmorton LLP
2525 Ponce De Leon Boulevard
9th Floor
Miami, FL 33134
(305) 372-1800
Fax: (305) 372-3508
bwidlanski@kttlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Plaintiff
Brian Mark Eddy
Plaintiff
Representation
Benjamin Jacobs Widlanski
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Consol Plaintiff
Abraham Atachbarian
Individually and on Behalf of All Others Similarly Situated
Consol Plaintiff
Representation
Joshua Harris Eggnatz
Eggnatz Pascucci, P.A.
7450 Griffin Road
Suite 230
Davie, FL 33314
(954) 889-3359
Fax: (954) 889-5913
Jeggnatz@JusticeEarned.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Howard Theodore Longman
Stull, Stull & Brody
6 East 45th Street
New York, NY 10017
(212) 687-7230
HLongman@ssbny.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Lynda J. Grant
The Grant Law Firm, PLLC
521 Fifth Avenue
17th Floor
New York, NY 10175
(212) 292-4441
Fax: (212) 292-4442
lgrant@grantfirm.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

 Consol Plaintiff
Angel Banuelos
Individually and on Behalf of All Others Similarly Situated
Consol Plaintiff
Representation
Jayne Arnold Goldstein
Shepherd Finkelman Miller & Shah LLP
1625 N. Commerce Parkway
Suite 320
Ft. Lauderdale, FL 33326
(954) 903-3170
Fax: (866) 300-7367
jagoldstein@millershah.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Defendant
Norwegian Cruise Lines
7665 Corporate Center Drive
Miami, FL 33126
Defendant
Representation
Alex M. Gonzalez
Holland & Knight
701 Brickell Avenue
Suite 3000
Miami, FL 33131
(305) 789-7666
Fax: 679-6332
alex.gonzalez@hklaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tracy Ann Nichols
Holland & Knight
701 Brickell Avenue
Suite 3300
Miami, FL 33131
(305) 374-8500X7717
Fax: 789-7799
tracy.nichols@hklaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Allison Beth Kernisky
Holland & Knight LLP
701 Brickell Avenue
Suite 3300
Miami, FL 33131
(305) 374-8500
Fax: (305) 374-8500
allison.kernisky@hklaw.com
ATTORNEY TO BE NOTICED
Louise McAlpin
Holland & Knight
701 Brickell Avenue
Suite 3300
Miami, FL 33131
(305) 789-7715
Fax: 789-7799
louise.mcalpin@hklaw.com
ATTORNEY TO BE NOTICED
Michael Wayne Glenn
Holland , Knight LLP
701 Brickell Avenue
Suite 3300
Miami, FL 33131
(305) 789-7519
michael.glenn@lw.com
ATTORNEY TO BE NOTICED

 Defendant
Frank J. Del Rio
Defendant
Representation
Tracy Ann Nichols
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Allison Beth Kernisky
(See above for address)
ATTORNEY TO BE NOTICED
Michael Wayne Glenn
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Mark A. Kempa
Defendant
Representation
Tracy Ann Nichols
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Allison Beth Kernisky
(See above for address)
ATTORNEY TO BE NOTICED
Michael Wayne Glenn
(See above for address)
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Mar 12, 2020ViewCOMPLAINT against All Defendants. Filing fees $ 400.00. Pay.gov Agency Tracking ID FLSDC-12595129, payment transferred from : 20CV21106, filed by Eric Douglas. (Attachments: # 1 PSLRA Certification, # 2 Civil Cover Sheet, # 3 Summon(s) Norwegian, # 4 Summon(s) Del Rio, # 5 Summon(s) Kempa)(Rosen, Laurence) (Entered: 03/12/2020)
2Mar 12, 2020RequestClerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. Text Modified on 3/13/2020 (mee). (Entered: 03/13/2020)
3Mar 13, 2020RequestSummons Issued as to Frank J. Del Rio, Mark A. Kempa, Norwegian Cruise Lines. (mee) (Entered: 03/13/2020)
4Mar 13, 2020RequestOrder Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge, REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 3/13/2020. See attached document for full details. (mee) (Entered: 03/13/2020)
5Mar 17, 2020RequestORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 3/17/2020. See attached document for full details. (mdc) (Entered: 03/17/2020)
6Apr 6, 2020RequestWAIVER OF SERVICE Returned Executed by Eric Douglas. Norwegian Cruise Lines waiver sent on 3/23/2020, answer due 5/22/2020. (Rosen, Laurence) (Entered: 04/06/2020)
7Apr 10, 2020ViewOrder Consolidating Related Cases. Atachbarian v. Norwegian Cruise Lines (Case No. 20cv21386) is consolidated with Douglas v. Norwegian Cruise Lines (Case No.20cv21107). All future filings in these actions must be filed in case number 20cv21107. The Clerk will administratively close Atachbarian v. Norwegian Cruise Lines (Case No. 20cv21386). Signed by Judge Robert N. Scola, Jr on 4/10/2020. See attached document for full details. Associated Cases: 1:20-cv-21107-RNS, 1:20-cv-21386-RNS (pcs) (Entered: 04/10/2020)
8Apr 21, 2020ViewWAIVER OF SERVICE Returned Executed by Abraham Atachbarian. Norwegian Cruise Lines waiver sent on 4/2/2020, answer due 6/1/2020. (Eggnatz, Joshua) (Entered: 04/21/2020)
9May 11, 2020ViewMOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lynda J. Grant. Filing Fee $ 200.00 Receipt # AFLSDC-12868425 by Abraham Atachbarian. Responses due by 5/26/2020 (Eggnatz, Joshua) (Entered: 05/11/2020)
10May 11, 2020ViewMOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Howard T. Longman. Filing Fee $ 200.00 Receipt # AFLSDC-12868952 by Abraham Atachbarian. Responses due by 5/26/2020 (Eggnatz, Joshua) (Entered: 05/11/2020)
11May 11, 2020RequestPAPERLESS ORDER granting the Plaintiff's motion to appear pro hac vice 9 . Attorney Lynda J. Grant is given permission to appear and participate in this matter on behalf of the Plaintiff Abraham Atachbarian. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the motion. Signed by Judge Robert N. Scola, Jr. (dka) (Entered: 05/11/2020)
12May 11, 2020RequestPAPERLESS ORDER granting the Plaintiff's motion to appear pro hac vice 10 . Attorney Howard T. Longman is given permission to appear and participate in this matter on behalf of the Plaintiff Abraham Atachbarian. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the motion. Signed by Judge Robert N. Scola, Jr (dka) (Entered: 05/11/2020)
13May 11, 2020ViewMOTION to Appoint Lead Plaintiff Abraham Atachbarian and Approval of Lead Counsel and Incorporated Memorandum of Law by Abraham Atachbarian. Responses due by 5/26/2020 (Eggnatz, Joshua) (Entered: 05/11/2020)
14May 11, 2020ViewNOTICE by Abraham Atachbarian re 13 MOTION to Appoint Lead Plaintiff Abraham Atachbarian and Approval of Lead Counsel and Incorporated Memorandum of Law (Attachments: # 1 Declaration of Howard Longman) (Eggnatz, Joshua) (Entered: 05/11/2020)
15May 11, 2020ViewMOTION to Appoint Lead Plaintiff Herman Tumurcuoglu ( Responses due by 5/26/2020), MOTION to Appoint Lead Counsel Levi & Korsinsky, LLP by Herman Tumurcuoglu. Attorney Cullin Avram O'Brien added to party Herman Tumurcuoglu(pty:mov). (Attachments: # 1 Memorandum MEMORANDUM OF LAW IN SUPPORT OF HERMAN TUMURCUOGLUS MOTION FOR CONSOLIDATION OF THE RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL, # 2 Affidavit DECLARATION OF CULLIN OBRIEN IN SUPPORT OF MOTION OF HERMAN TUMURCUOGLU FOR CONSOLIDATION OF THE ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL, # 3 Exhibit PSLRA CERTIFICATION, # 4 Exhibit LOSS CHART, # 5 Exhibit PSLRA NOTICE, # 6 Exhibit FIRM RESUME OF LEVI & KORSINSKY LLP, # 7 Exhibit FIRM RESUME OF CULLIN O'BRIEN LAW, P.A.)(O'Brien, Cullin) (Entered: 05/11/2020)
16May 11, 2020ViewMOTION to Appoint Lead Plaintiff Richard Myint ( Responses due by 5/26/2020), MOTION to Consolidate Cases , MOTION to Appoint Lead Counsel Glancy Prongay & Murray LLP ( Responses due by 5/26/2020) by Richard Myint. Attorney Leo Wassner Desmond added to party Richard Myint(pty:mov). (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(Desmond, Leo) (Entered: 05/11/2020)
17May 11, 2020ViewAFFIDAVIT in Support re 16 MOTION to Appoint Lead Plaintiff Richard Myint MOTION to Consolidate Cases MOTION to Appoint Lead Counsel Glancy Prongay & Murray LLP filed by Richard Myint. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Desmond, Leo) (Entered: 05/11/2020)
18May 11, 2020ViewMOTION to Consolidate Cases ( Responses due by 5/26/2020), MOTION to Appoint Lead Plaintiff Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund ( Responses due by 5/26/2020), MOTION to Appoint Lead Counsel Robbins Geller Rudman & Dowd LLP by Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund. Attorney Sabrina Elsa Tirabassi added to party Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund(pty:mov). (Tirabassi, Sabrina) (Entered: 05/11/2020)
19May 11, 2020ViewAFFIDAVIT signed by: Sabrina E. Tirabassi re 18 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund MOTION to Appoint Lead Counsel Robbins Geller Rudman & Dowd LLP by Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund (Attachments: # 1 Exhibit A- Certification, # 2 Exhibit B- Loss Chart, # 3 Exhibit C- Press Release)(Tirabassi, Sabrina) (Entered: 05/11/2020)
20May 11, 2020ViewMOTION to Consolidate Cases Appoint Dat N. Le as Lead Plaintiff. and Approve Proposed Lead Plaintiff's Choice of Counsel by Dat N Le. Attorney David J. George added to party Dat N Le(pty:mov). Responses due by 5/26/2020 (Attachments: # 1 Exhibit Declaration of David J. George, # 2 Text of Proposed Order Proposed Order)(George, David) (Entered: 05/11/2020)
21May 11, 2020ViewMOTION to Appoint Lead Counsel Labaton Sucharow; Bernstein Liebhard; and Kozyak Tropin & Throckmorton as Liaison Counsel , MOTION to Appoint Lead Plaintiff William C. Perry and Brian Mark Eddy , MOTION to Consolidate Cases by William C. Perry, Brian Mark Eddy. Attorney Benjamin Jacobs Widlanski added to party William C. Perry(pty:pla), Attorney Benjamin Jacobs Widlanski added to party Brian Mark Eddy(pty:pla). Responses due by 5/26/2020 (Attachments: # 1 Text of Proposed Order)(Widlanski, Benjamin) (Entered: 05/11/2020)
22May 11, 2020ViewMOTION to Appoint Lead Plaintiff Simon Hurduise , Approve Selection of Counsel, and Consolidate Related Actions by Simon Hurduise. Attorney Adam David Warden added to party Simon Hurduise(pty:mov). Responses due by 5/26/2020 (Attachments: # 1 Affidavit Declaration of Adam D. Warden, # 2 Exhibit 1 - PSLRA early notice, # 3 Exhibit 2 - Certification, # 4 Exhibit 3 - Loss Chart, # 5 Exhibit 4 - The Rosen Law Firm P.A.'s firm resume, # 6 Exhibit 5 - Saxena White P.A.'s firm resume, # 7 Text of Proposed Order)(Warden, Adam) (Entered: 05/11/2020)
23May 11, 2020ViewNOTICE by Dat N Le of Filing Dat N. Lee Motion to Consolidate Related Actions, Appoint Dat N Le as Lead Plaintiff, and Approve Proposed Lead Plaintiff Choice of Counsel, a Memorandum in Support and a Declaration and Exhibits (Attachments: # 1 Affidavit Declaration of David J. George, # 2 Exhibit Certification, # 3 Exhibit Loss Chart, # 4 Press Release, # 5 KSF Firm Resume, # 6 Exhibit GGM Firm Resume) (George, David) (Entered: 05/11/2020)
24May 11, 2020ViewAFFIDAVIT signed by: Benjamin J. Widlanski re 21 MOTION to Appoint Lead Counsel Labaton Sucharow; Bernstein Liebhard; and Kozyak Tropin & Throckmorton as Liaison Counsel MOTION to Appoint Lead Plaintiff William C. Perry and Brian Mark Eddy MOTION to Consolidate Cases by Brian Mark Eddy, William C. Perry (Attachments: # 1 Exhibit A - Certifications, # 2 Exhibit B - Loss Analysis, # 3 Exhibit C - Notice, # 4 Exhibit D- Joint Declaration, # 5 Exhibit E - Firm Resume (Labaton Sucharow))(Widlanski, Benjamin) (Entered: 05/11/2020)
25May 11, 2020ViewMOTION to Consolidate Cases ( Responses due by 5/26/2020), MOTION to Appoint Lead Plaintiff Joel Keefe and Camille Pagan ( Responses due by 5/26/2020), MOTION to Appoint Counsel by Joel Keefe, Camille Pagan. Attorney Jayne Arnold Goldstein added to party Joel Keefe(pty:mov), Attorney Jayne Arnold Goldstein added to party Camille Pagan(pty:mov). (Attachments: # 1 Text of Proposed Order, # 2 Memorandum)(Goldstein, Jayne) (Entered: 05/11/2020)
26May 11, 2020ViewAFFIDAVIT in Support re 25 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff Joel Keefe and Camille Pagan MOTION to Appoint Counsel filed by Joel Keefe, Camille Pagan. (Attachments: # 1 Exhibit A -Press Release, # 2 Exhibit B - Certifications, # 3 Exhibit C- Loss Chart, # 4 Exhibit D - Joint Declaration, # 5 Exhibit E - Pomerantz Resume, # 6 Exhibit F - SFMS Resume)(Goldstein, Jayne) (Entered: 05/11/2020)
27May 12, 2020ViewORDER CONSOLIDATING RELATED CASES. Signed by Judge Robert N. Scola, Jr on 5/12/2020. See attached document for full details. Associated Cases: 1:20-cv-21107-RNS, 1:20-cv-21685-RNS (mee) (Entered: 05/12/2020)
28May 22, 2020RequestNOTICE by Dat N Le Non-opposition to Competing Motions to Consolidate Related Actions, Appoint Lead Plaintiff, and Approve Proposed Lead Plaintiff's Choice of Counsel (George, David) (Entered: 05/22/2020)
29May 22, 2020RequestNOTICE by Herman Tumurcuoglu re 15 MOTION to Appoint Lead Plaintiff Herman Tumurcuoglu MOTION to Appoint Lead Counsel Levi & Korsinsky, LLP HERMAN TUMURCUOGLUS NOTICE OF WITHDRAWAL OF MOTION FOR CONSOLIDATION OF THE ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL (O'Brien, Cullin) (Entered: 05/22/2020)
30May 26, 2020RequestNOTICE by Joel Keefe, Camille Pagan re 25 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff Joel Keefe and Camille Pagan MOTION to Appoint Counsel NOTICE OF NON-OPPOSITION OF JOEL KEEFE AND CAMILLE PAGAN TO COMPETING MOTIONS FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL (Goldstein, Jayne) (Entered: 05/26/2020)
31May 26, 2020RequestMOTION to Withdraw Document 16 MOTION to Appoint Lead Plaintiff Richard Myint MOTION to Consolidate Cases MOTION to Appoint Lead Counsel Glancy Prongay & Murray LLP by Richard Myint. Responses due by 6/9/2020 (Desmond, Leo) (Entered: 05/26/2020)
32May 26, 2020RequestNOTICE by Simon Hurduise re 22 MOTION to Appoint Lead Plaintiff Simon Hurduise , Approve Selection of Counsel, and Consolidate Related Actions NOTICE OF NON-OPPOSITION OF MOVANT SIMON HURDUISE TO COMPETING MOTIONS TO: (1) CONSOLIDATE RELATED ACTIONS; (2) APPOINT LEAD PLAINTIFF; AND (3) APPROVE SELECTION OF COUNSEL (Warden, Adam) (Entered: 05/26/2020)
33May 26, 2020RequestNOTICE OF WITHDRAWAL OF MOTION by Richard Myint re 16 MOTION to Appoint Lead Plaintiff Richard Myint MOTION to Consolidate Cases MOTION to Appoint Lead Counsel Glancy Prongay & Murray LLP filed by Richard Myint (Desmond, Leo) (Entered: 05/26/2020)
34May 26, 2020ViewRESPONSE in Opposition re 13 MOTION to Appoint Lead Plaintiff Abraham Atachbarian and Approval of Lead Counsel and Incorporated Memorandum of Law, 21 MOTION to Appoint Lead Counsel Labaton Sucharow; Bernstein Liebhard; and Kozyak Tropin & Throckmorton as Liaison Counsel MOTION to Appoint Lead Plaintiff William C. Perry and Brian Mark Eddy MOTION to Consolidate Cases filed by Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund. Replies due by 6/2/2020. (Tirabassi, Sabrina) (Entered: 05/26/2020)
35May 26, 2020ViewAFFIDAVIT Supplemental Declaration of Sabrina E. Tirabassi in Support of Employer-Teamsters Local Nos. 175 & 505 Pension Trust Funds Memorandum of Law in Opposition to Competing Motions for Appointment as Lead Plaintiff signed by: Sabrina E. Tirabassi re 34 Response in Opposition to Motion,, by Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund (Attachments: # 1 Exhibit 1- William Perry Indictment, # 2 Exhibit 2- William Perry Plea Agreement, # 3 Exhibit 3- William Perry Judgment)(Tirabassi, Sabrina) (Entered: 05/26/2020)
36May 26, 2020ViewRESPONSE in Opposition re 18 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund MOTION to Appoint Lead Counsel Robbins Geller Rudman & Dowd LLP , 21 MOTION to Appoint Lead Counsel Labaton Sucharow; Bernstein Liebhard; and Kozyak Tropin & Throckmorton as Liaison Counsel MOTION to Appoint Lead Plaintiff William C. Perry and Brian Mark Eddy MOTION to Consolidate Cases filed by Abraham Atachbarian. Replies due by 6/2/2020. (Eggnatz, Joshua) (Entered: 05/26/2020)
37May 26, 2020ViewAFFIDAVIT Declaration of Howard T. Longman in further support of Motion of Abraham Atachbarian for Appointment as Lead Plaintiff of the Options Class signed by: Howard Longman re 36 Response in Opposition to Motion,, by Abraham Atachbarian (Attachments: # 1 Exhibit A - Chart of Movants for Lead Plaintiff, # 2 Exhibit B - Norwegian's Form 8-K, # 3 Exhibit C - Norwegian's Form 10-Q, # 4 Exhibit D - Timber Hill Objection to Settlement)(Eggnatz, Joshua) (Entered: 05/26/2020)
38May 26, 2020ViewMEMORANDUM in Support re 21 MOTION to Appoint Lead Counsel Labaton Sucharow; Bernstein Liebhard; and Kozyak Tropin & Throckmorton as Liaison Counsel MOTION to Appoint Lead Plaintiff William C. Perry and Brian Mark Eddy MOTION to Consolidate Cases and in Opposition to the Competing Motions by Brian Mark Eddy, William C. Perry. (Widlanski, Benjamin) (Entered: 05/26/2020)
39May 26, 2020ViewAFFIDAVIT in Support re 21 MOTION to Appoint Lead Counsel Labaton Sucharow; Bernstein Liebhard; and Kozyak Tropin & Throckmorton as Liaison Counsel MOTION to Appoint Lead Plaintiff William C. Perry and Brian Mark Eddy MOTION to Consolidate Cases Supplemental Declaration of Benjamin Widlanski in Support of William C. Perry and Brian Mark Eddy's Motion for Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel filed by Brian Mark Eddy, William C. Perry. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Widlanski, Benjamin) (Entered: 05/26/2020)
40May 27, 2020RequestPAPERLESS ORDER: denying the Plaintiffs Joel Keefe and Camille Pagans motion to appoint lead plaintiff and approve selection of counsel without prejudice. 25 . In light of their notice of non-opposition, in which they admit that they "do not appear to have the largest financial interest in this litigation." Signed by Judge Robert N. Scola, Jr. (dka) (Entered: 05/27/2020)
41May 27, 2020RequestPAPERLESS ORDER: granting Richard Myint's motion to withdraw his motion to appoint himself as lead plaintiff and approve lead counsel. 31 . In his motion, Myint admits that it appears he "does not have the largest financial interest in the relief sought by the class." Therefore, the Court withdraws his prior motion. Signed by Judge Robert N. Scola, Jr. (dka) (Entered: 05/27/2020)
42May 27, 2020RequestPAPERLESS ORDER: denying the Plaintiff Simon Hurduise's motion to appoint lead plaintiff and approve selection of counsel without prejudice. 22 . The Court denies her motion in light of Hurduise's notice of non-opposition, in which Hurduise admits that she "does not appear to have the largest financial interest in this litigation." Signed by Judge Robert N. Scola, Jr. (dka) (Entered: 05/27/2020)
43Jun 2, 2020RequestPAPERLESS ORDER setting this matter for a hearing via videoconferencing on the three pending motions to appoint lead plaintiff and lead counsel 13 , 18 , 21 . The hearing set for June 12, 2020 at 11:00 AM before Judge Robert N. Scola Jr. Due to the coronavirus pandemic, the motion hearing will proceed via video teleconference. Counselors will receive a follow-up email with further instructions. Signed by Judge Robert N. Scola, Jr. (dka) (Entered: 06/02/2020)
44Jun 2, 2020RequestNOTICE by Brian Mark Eddy, William C. Perry Notice of Withdrawal of William C. Perry and Brian Mark Eddy for Appointment as Lead Plaintiffs (Widlanski, Benjamin) (Entered: 06/02/2020)
45Jun 2, 2020ViewREPLY to 13 MOTION to Appoint Lead Plaintiff Abraham Atachbarian and Approval of Lead Counsel and Incorporated Memorandum of Law in further support and reply to competing motions by Abraham Atachbarian. (Eggnatz, Joshua) (Entered: 06/02/2020)
46Jun 2, 2020RequestAFFIDAVIT in further support of Abraham Atachbarian's Motion to be Appointed Co-Lead signed by: Abraham Atachbarian by Abraham Atachbarian (Eggnatz, Joshua) (Entered: 06/02/2020)
47Jun 2, 2020ViewRESPONSE in Support re 18 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund MOTION to Appoint Lead Counsel Robbins Geller Rudman & Dowd LLP filed by Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund. (Tirabassi, Sabrina) (Entered: 06/02/2020)
48Jun 11, 2020RequestNOTICE OF WITHDRAWAL OF MOTION by Abraham Atachbarian re 13 MOTION to Appoint Lead Plaintiff Abraham Atachbarian and Approval of Lead Counsel and Incorporated Memorandum of Law filed by Abraham Atachbarian (Eggnatz, Joshua) (Entered: 06/11/2020)
49Jun 11, 2020RequestNOTICE by Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund Notice of Unopposed Motion (Tirabassi, Sabrina) (Entered: 06/11/2020)
50Jun 11, 2020RequestPAPERLESS Order: cancelling the hearing on the motions to appoint lead plaintiff and approval of selection of counsel scheduled for tomorrow, June 12, 2020 at 11 a.m. Because the Employer-Teamsters Local Nos.175 & 505 Pension Trust Fund's motion is now unopposed, the hearing is no longer necessary. 49 . Signed by Judge Robert N. Scola, Jr. (dka) (Entered: 06/11/2020)
51Jun 12, 2020RequestPAPERLESS ORDER: granting the Plaintiff Employer-Teamsters Local Nos. 175 &505 Pension Trust Fund's unopposed motion for appointment as lead plaintiff and approval of selection of counsel. 18 . The parties agree that the Pension Trust Fund has the largest financial interest in this action and satisfies the prima facie typicality and adequacy requirements of Federal Rule of Civil Procedure 23. See 15 U.S.C. ? 78u-4(a)(3)(B)(iii)(I). The parties also agree that the Court should approve the Pension Trust Fund's preferred counsel, Robbins Geller Rudman & Dowd LLP, as lead counsel. Finally, the portion of the motion requesting consolidation of the related actions is denied as moot because the cases have already been consolidated. Signed by Judge Robert N. Scola, Jr. (dka) (Entered: 06/12/2020)
52Jun 12, 2020ViewNOTICE of Attorney Appearance by Louise McAlpin on behalf of Norwegian Cruise Lines. Attorney Louise McAlpin added to party Norwegian Cruise Lines(pty:dft). (McAlpin, Louise) (Entered: 06/12/2020)
53Jun 16, 2020ViewUnopposed MOTION Excuse Responses and Defer Discovery Obligation Unopposed Motion to Excuse Responses to Initial Complaints, to Defer Discovery Obligations and to Set Initial Schedule by Norwegian Cruise Lines. (Nichols, Tracy) (Entered: 06/16/2020)
54Jun 16, 2020RequestPAPERLESS ORDER: granting the Defendant's unopposed motion to set initial schedule and defer discovery obligations. 53 . In accordance with the Private Securities Litigation Reform Act, the parties are excused from complying with discovery obligations until after the Court determines whether the Amended Consolidated Complaint states a cognizable claim. See, 15 U.S.C. ?78u-4(b)(3)(B). The deadlines are now as follows: (1) the lead plaintiff shall file a consolidated amended complaint or file a notice with the Court that it intends to rely on the initial complaint by July 31, 2020; (2) the Defendants shall have 45 days from the filing of the consolidated amended complaint to respond to the complaint; (3) if the defendants file a motion to dismiss, the lead plaintiff shall file an opposition to the motion no later than 45 days after its filing; and (4) the Defendants shall file replies in support of any motions to dismiss no later than 30 days after the lead plaintiff files an opposition. Signed by Judge Robert N. Scola, Jr. (dka) (Entered: 06/16/2020)
55Jul 31, 2020ViewNOTICE of Attorney Appearance by Robert Jeffrey Robbins on behalf of Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund. Attorney Robert Jeffrey Robbins added to party Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund(pty:pla). (Robbins, Robert) (Entered: 07/31/2020)
56Jul 31, 2020ViewAMENDED COMPLAINT against Frank J. Del Rio, Mark A. Kempa, Norwegian Cruise Lines, filed by Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund.(Robbins, Robert) (Entered: 07/31/2020)
57Sep 9, 2020RequestUnopposed MOTION for Leave to File Excess Pages for Motion to Dismiss and Incorporated Memorandum of Law by Frank J. Del Rio, Mark A. Kempa, Norwegian Cruise Lines. Attorney Tracy Ann Nichols added to party Frank J. Del Rio(pty:dft), Attorney Tracy Ann Nichols added to party Mark A. Kempa(pty:dft). (Attachments: # 1 Text of Proposed Order)(Nichols, Tracy) (Entered: 09/09/2020)
58Sep 10, 2020RequestPAPERLESS ORDER: The Court grants 57 the Defendants' unopposed motion for leave to file excess pages. The Defendants' motion to dismiss and incorporated memorandum of law shall not exceed 30 pages. Signed by Judge Robert N. Scola, Jr. (sbn) (Entered: 09/10/2020)
59Sep 14, 2020ViewNOTICE of Attorney Appearance by Tracy Ann Nichols on behalf of Frank J. Del Rio, Mark A. Kempa, Norwegian Cruise Lines (Nichols, Tracy) (Entered: 09/14/2020)
60Sep 14, 2020ViewDefendant's MOTION TO DISMISS 56 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Frank J. Del Rio, Mark A. Kempa, Norwegian Cruise Lines. Responses due by 9/28/2020 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Nichols, Tracy) (Entered: 09/14/2020)
61Sep 15, 2020ViewNOTICE by Frank J. Del Rio, Mark A. Kempa, Norwegian Cruise Lines re 60 Defendant's MOTION TO DISMISS 56 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Notice of Filing Corrected Exhibit 4 (Attachments: # 1 Exhibit 1) (Nichols, Tracy) (Entered: 09/15/2020)
62Sep 18, 2020ViewNOTICE of Attorney Appearance by Allison Beth Kernisky on behalf of Frank J. Del Rio, Mark A. Kempa, Norwegian Cruise Lines. Attorney Allison Beth Kernisky added to party Frank J. Del Rio(pty:dft), Attorney Allison Beth Kernisky added to party Mark A. Kempa(pty:dft), Attorney Allison Beth Kernisky added to party Norwegian Cruise Lines(pty:dft). (Kernisky, Allison) (Entered: 09/18/2020)
63Sep 18, 2020ViewNOTICE of Attorney Appearance by Alex M. Gonzalez on behalf of Norwegian Cruise Lines. Attorney Alex M. Gonzalez added to party Norwegian Cruise Lines(pty:dft). (Gonzalez, Alex) (Entered: 09/18/2020)
64Sep 18, 2020ViewNOTICE of Attorney Appearance by Michael Wayne Glenn on behalf of Frank J. Del Rio, Mark A. Kempa, Norwegian Cruise Lines. Attorney Michael Wayne Glenn added to party Frank J. Del Rio(pty:dft), Attorney Michael Wayne Glenn added to party Mark A. Kempa(pty:dft), Attorney Michael Wayne Glenn added to party Norwegian Cruise Lines(pty:dft). (Glenn, Michael) (Entered: 09/18/2020)
65Oct 23, 2020RequestUnopposed MOTION for Leave to File Excess Pages by Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund. (Robbins, Robert) (Entered: 10/23/2020)
66Oct 23, 2020ViewNOTICE of Attorney Appearance by Christian Giacomo Montelione on behalf of Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund. Attorney Christian Giacomo Montelione added to party Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund(pty:pla). (Montelione, Christian) (Entered: 10/23/2020)
67Oct 23, 2020RequestPAPERLESS ORDER: The Court grants 65 the Plaintiffs' unopposed motion for leave to file excess pages. The Plaintiffs' response to the motion to dismiss shall not exceed 30 pages. Signed by Judge Robert N. Scola, Jr. (sbn) (Entered: 10/23/2020)
68Oct 29, 2020ViewRESPONSE in Opposition re 60 Defendant's MOTION TO DISMISS 56 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund. Replies due by 11/5/2020. (Robbins, Robert) (Entered: 10/29/2020)
69Nov 23, 2020RequestUnopposed MOTION for Leave to File Excess Pages by Frank J. Del Rio, Mark A. Kempa, Norwegian Cruise Lines. (Attachments: # 1 Text of Proposed Order)(Nichols, Tracy) (Entered: 11/23/2020)
70Nov 24, 2020RequestPAPERLESS ORDER: The Court grants 69 the Defendants' unopposed motion for page extension. The Defendants' reply brief shall not exceed 15 pages. Signed by Judge Robert N. Scola, Jr. (sbn) (Entered: 11/24/2020)
71Nov 25, 2020ViewRESPONSE in Support re 60 Defendant's MOTION TO DISMISS 56 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Frank J. Del Rio, Mark A. Kempa, Norwegian Cruise Lines. (Nichols, Tracy) (Entered: 11/25/2020)
72Apr 12, 2021ViewORDER granting 60 Motion to Dismiss for Failure to State a Claim. Closing Case and denying any pending motions as moot. Motions Terminated: 60 Defendant's MOTION TO DISMISS 56 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Mark A. Kempa, Frank J. Del Rio, Norwegian Cruise Lines. Signed by Judge Robert N. Scola, Jr on 4/10/2021. See attached document for full details. (lk) (Entered: 04/12/2021)
73Apr 12, 2021RequestNOTICE of Change of Address, Email or Law Firm Name by Jayne Arnold Goldstein (Goldstein, Jayne) (Entered: 04/12/2021)

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