Fleming Intermediate Holdings LLC v. James River Group Holdings, Ltd. et al
| New York Southern District Court | |
| Judge: | Jennifer L Rochon |
| Case #: | 1:24-cv-05335 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 15:78j(b)ss Stockholder Suit |
| Case Filed: | Jul 15, 2024 |
| Last checked: Wednesday Aug 14, 2024 7:01 AM EDT |
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Defendant
Frank D'Orazio
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Represented By
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Defendant
Sarah Doran
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Represented By
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Defendant
James River Group Holdings, Ltd.
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Represented By
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Plaintiff
Fleming Intermediate Holdings LLC
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Represented By
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| Docket last updated: 08/25/2024 11:59 PM EDT |
| Monday, August 19, 2024 | ||
| 31 | 31
respoth
Declaration in Support (non-motion)
Mon 08/19 11:07 AM
DECLARATION of Eric Haller / Supplemental Declaration in Support re:10 Proposed Order to Show Cause With Emergency Relief,. Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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Att: 1
Exhibit A - April 2024 James River Correspondence,
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Att: 2
Exhibit B - April 8, 2024 Actuarial Report Email,
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Att: 3
Exhibit C - April 12, 2024 Doran Email,
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Att: 4
Exhibit D - April 13, 2024 Correspondence to Justice Masley,
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Att: 5
Exhibit E - August 15, 2024 Fleming Letter,
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Att: 6
Exhibit F - Ernst & Young Memo
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| 30 | 30
respoth
Reply Memorandum of Law in Support (non-motion)
Mon 08/19 10:44 AM
REPLY MEMORANDUM OF LAW in Support re:10 Proposed Order to Show Cause With Emergency Relief, . Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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| Wednesday, August 14, 2024 | ||
| 29 | 29
misc
Notice of Filing Transcript
Wed 08/14 11:38 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/30/2024 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) |
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| 28 | 28
misc
Transcript
Wed 08/14 11:35 AM
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/30/2024 before Judge Jennifer L. Rochon. Court Reporter/Transcriber: Lisa Picciano Franko, (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 9/4/2024. Redacted Transcript Deadline set for 9/16/2024. Release of Transcript Restriction set for 11/12/2024..(McGuirk, Kelly) |
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| Tuesday, August 13, 2024 | ||
| 27 | 27
notice
Notice of Appearance
Tue 08/13 1:10 PM
NOTICE OF APPEARANCE by Todd Beattie on behalf of Frank D'Orazio, Sarah Doran, James River Group Holdings, Ltd...(Beattie, Todd) |
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| 26 | 26
misc
Rule 7.1 Corporate Disclosure Statement
Tue 08/13 1:06 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Frank D'Orazio, Sarah Doran, James River Group Holdings, Ltd...(Carlinsky, Michael) |
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| Monday, August 12, 2024 | ||
| 25 | 25
respoth
Declaration in Support (non-motion)
Mon 08/12 10:08 PM
DECLARATION of Michael B. Carlinsky in Support re:24 Opposition Brief. Document filed by Frank D'Orazio, Sarah Doran, James River Group Holdings, Ltd...(Carlinsky, Michael) |
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Att: 1
Exhibit A - April 14, 2024 NYSC Hearing Transcript (Rough),
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Att: 2
Exhibit B - Letter from R. Sharma to R. Brodsky, dated August 1, 2024,
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Att: 3
Exhibit C - Letter from M. Carlinsky to R. Brodsky, dated August 9, 2024
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| 24 | 24
misc
Opposition Brief
Mon 08/12 9:42 PM
OPPOSITION BRIEF re:10 Proposed Order to Show Cause With Emergency Relief, . Document filed by Frank D'Orazio, Sarah Doran, James River Group Holdings, Ltd...(Carlinsky, Michael) |
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| Wednesday, July 31, 2024 | ||
| 23 | 23
cmp
Complaint
Wed 07/31 3:52 PM
COMPLAINT against Frank D'Orazio, Sarah Doran, James River Group Holdings, Ltd.. Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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| 22 | 22
order
Stipulation and Order ~Util - Set Motion and R&R Deadlines/Hearings
Wed 07/31 12:52 PM
JOINT STIPULATION AND ORDER REGARDING SUPPLEMENTAL COMPLAINT, TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION IT IS HEREBY STIPULATED AND AGREED, by the Parties, through their undersigned counsel, subject to the approval of the Court, as follows: The termination of the True-Up Process's Resolution Period is stayed until the earliest of (a) the date the Court issues a decision denying the Motion; (b) if the Court grants the Information Requests, in whole or in part, ten calendar days after the date on which Defendants complete their production of information in response to the Court's order; or (c) ten calendar days after the date the Parties resolve their dispute and the Plaintiff withdraws the Motion. Plaintiff's Motion to file the Supplemental Complaint is granted, without prejudice to any rights and arguments, including as to subject matter jurisdiction, that Defendants may assert in moving to dismiss the Supplemental Complaint. Plaintiff shall file its Supplemental Complaint on or before August 2, 2024. The Parties agree to be bound by the terms of this Stipulation pending its entry by the Court. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 7/31/2024) (jca) |
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utility
Set/Reset Deadlines
Wed 07/31 12:53 PM
Set/Reset Deadlines: Amended Pleadings due by 10/18/2024. Motions due by 9/13/2024. (jca) |
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| Tuesday, July 30, 2024 | ||
| 21 | 21
misc
Proposed Stipulation and Order
Tue 07/30 10:49 PM
PROPOSED STIPULATION AND ORDER. Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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| 20 | 20
motion
Adjourn Conference
Tue 07/30 10:37 AM
LETTER MOTION to Adjourn Conference addressed to Judge Jennifer L. Rochon from Michael Carlinsky dated July 30, 2024. Document filed by Frank D'Orazio, Sarah Doran, James River Group Holdings, Ltd...(Carlinsky, Michael) |
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| 19 | 19
notice
Notice of Appearance
Tue 07/30 9:05 AM
NOTICE OF APPEARANCE by Renita Sharma on behalf of Frank D'Orazio, Sarah Doran, James River Group Holdings, Ltd...(Sharma, Renita) |
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| 18 | 18
notice
Notice of Appearance
Tue 07/30 9:01 AM
NOTICE OF APPEARANCE by Michael Barry Carlinsky on behalf of Frank D'Orazio, Sarah Doran, James River Group Holdings, Ltd...(Carlinsky, Michael) |
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minutes
Oral Argument
Tue 07/30 1:39 PM
Minute Entry for proceedings held before Judge Jennifer L. Rochon: Oral Argument held on 7/30/2024 re:10 Proposed Order to Show Cause With Emergency Relief, filed by Fleming Intermediate Holdings LLC. (aba) |
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| Monday, July 29, 2024 | ||
| 17 | 17
order
Memo Endorsement
Mon 07/29 6:33 PM
MEMO ENDORSEMENT on re:16 Letter filed by Fleming Intermediate Holdings LLC ENDORSEMENT: In the interest of preserving the status quo pending tomorrow's conference on Plaintiff's TRO request, the Court, for substantially the reasons provided in Plaintiff's emergency motion (Dkt. 11), stays the parties' True-Up process and the termination of the Resolution Period through July 30, 2024. SO ORDERED (Signed by Judge Jennifer L. Rochon on 7/29/2024) (ks) |
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| 16 | 16
misc
Letter
Mon 07/29 4:44 PM
LETTER addressed to Judge Jennifer L. Rochon from Reed Brodsky dated July 29, 2024 re: TRO. Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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| 15 | 15
order
Order ~Util - Set Hearings
Mon 07/29 4:31 PM
ORDER. Having been newly reassigned this case, the Court is in receipt of Plaintiff's emergency motion to file a supplemental complaint and for a temporary restraining order and preliminary injunction. See Dkts. 10-13. Both parties shall appear before the Court on July 30, 2024 at 12:00 p.m. for a conference on the motion for a temporary restraining order. The conference will take place in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. (Oral Argument set for 7/30/2024 at 12:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon). (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba) |
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| 14 | 14
notice
Notice of Appearance
Mon 07/29 11:24 AM
NOTICE OF APPEARANCE by Marshall Ross King on behalf of Fleming Intermediate Holdings LLC..(King, Marshall) |
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| 13 | 13
respoth
Declaration in Support (non-motion)
Mon 07/29 9:33 AM
DECLARATION of ERIC HALLER in Support re:10 Proposed Order to Show Cause With Emergency Relief,. Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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Att: 1
Exhibit 1 - SPA,
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Att: 2
Exhibit 2 - Feb. 29 Email Correspondence,
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Att: 3
Exhibit 3 - Feb. 29 Fleming Notice of Breach,
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Att: 4
Exhibit 4 - July 14 James River Notice of Disagreement,
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Att: 5
Exhibit 5 - July 18 Fleming Information Request,
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Att: 6
Exhibit 6 - July 23 James River Request Response,
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Att: 7
Exhibit 7 - July 23 Fleming Reply
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| 12 | 12
respoth
Declaration in Support (non-motion)
Mon 07/29 9:25 AM
DECLARATION of REED BRODSKY in Support re:10 Proposed Order to Show Cause With Emergency Relief,. Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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Att: 1
Exhibit A - Supplemental Complaint,
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Att: 2
Exhibit B - Complaint - Redline
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| 11 | 11
28
pgs
respoth
Memorandum of Law in Support (non-motion)
Mon 07/29 9:18 AM
MEMORANDUM OF LAW in Support re:10 Proposed Order to Show Cause With Emergency Relief, PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS EMERGENCY MOTION TO FILE A SUPPLEMENTAL COMPLAINT AND FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION . Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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| 10 | 10
misc
Proposed Order to Show Cause With Emergency Relief
Mon 07/29 9:12 AM
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Fleming Intermediate Holdings LLC. Related Document Number: [1 - Complaint]..(Brodsky, Reed) |
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misc
Notice to Court Regarding Proposed Order
Mon 07/29 11:53 AM
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 10 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (nd) |
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notice
Notice of Case Assignment/Reassignment
Mon 07/29 3:00 PM
NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge John G. Koeltl is no longer assigned to the case. (tro) |
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| Thursday, July 25, 2024 | ||
| 9 | 9
service
Certificate of Service Complaints
Thu 07/25 11:38 PM
CERTIFICATE OF SERVICE of Summons and Complaint. Frank D'Orazio served on 7/17/2024, answer due 8/7/2024; Sarah Doran served on 7/17/2024, answer due 8/7/2024; James River Group Holdings, Ltd. served on 7/17/2024, answer due 8/7/2024. Service was made by electronic mail. Document filed by Fleming Intermediate Holdings LLC..(Nadler, Michael) |
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| Tuesday, July 23, 2024 | ||
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minutes
~Util - Set Hearings
Tue 07/23 10:56 AM
Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 11/26/2024 at 12:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
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| Wednesday, July 17, 2024 | ||
| 8 | 8
notice
Notice of Appearance
Wed 07/17 12:49 PM
NOTICE OF APPEARANCE by Michael Langsdorf Nadler on behalf of Fleming Intermediate Holdings LLC..(Nadler, Michael) |
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| 7 | 7
notice
Notice of Appearance
Wed 07/17 12:14 PM
NOTICE OF APPEARANCE by Akiva Shapiro on behalf of Fleming Intermediate Holdings LLC..(Shapiro, Akiva) |
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| Tuesday, July 16, 2024 | ||
| 6 | 6
service
Summons Issued
Tue 07/16 1:04 PM
ELECTRONIC SUMMONS ISSUED as to Frank D'Orazio, Sarah Doran, James River Group Holdings, Ltd. (vf) |
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| 5 | 5
misc
Civil Cover Sheet
Tue 07/16 10:45 AM
CIVIL COVER SHEET filed..(Brodsky, Reed) |
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Tue 07/16 9:42 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Reed Michael Brodsky to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error. Place an [X] in One Box Only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 07/16 12:58 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Reed Michael Brodsky. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S. (vf) |
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notice
Case Opening Initial Assignment Notice
Tue 07/16 12:59 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) |
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utility
Case Designation
Tue 07/16 12:59 PM
Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) |
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utility
Case Designated ECF
Tue 07/16 1:00 PM
Case Designated ECF. (vf) |
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| Monday, July 15, 2024 | ||
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Mon 07/15 5:57 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ACP Risk Solutions LLC for Fleming Intermediate Holdings LLC. Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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| 3 | 3
service
Request for Issuance of Summons
Mon 07/15 5:53 PM
REQUEST FOR ISSUANCE OF SUMMONS as to James River Group Holdings, Ltd., Frank D'Orazio, and Sarah Doran, re:1 Complaint. Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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| 2 | 2
misc
Civil Cover Sheet
Mon 07/15 5:49 PM
CIVIL COVER SHEET filed..(Brodsky, Reed) |
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| 1 | 1
113
pgs
cmp
Complaint
Mon 07/15 5:47 PM
COMPLAINT against Frank D'Orazio, Sarah Doran, James River Group Holdings, Ltd.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29606963)Document filed by Fleming Intermediate Holdings LLC..(Brodsky, Reed) |
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