Horowitz v. SunEdison, Inc. et al

Filing 68

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion to reopen case 60 is denied without prejudice and this case remains administratively closed, except that lead plaintiff shall be permitted to file and serve a consolidated amended complain t in this administratively closed case in accordance with the provisions set out above. No defendants are required to answer or otherwise respond to the consolidated amended complaint pending further Order of this Court, and no defendant will be held in default for failing to answer or otherwise respond to the consolidated amended complaint pending further Order of this Court. However, counsel for any newly joined defendant shall file an entry of appearance upon proper service to be notified of any future filings in this case. IT IS FURTHER ORDERED that the parties shall file a joint status report on the bankruptcy proceedings ninety (90) days from the date of this Memorandum and Order as set out above. IT IS FURTHER ORDERED that the motion for telephone conference 67 is denied. ( Status Report due by 10/17/2016.)Signed by District Judge Rodney W. Sippel on 7/19/16. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DINA HOROWITZ, on behalf of herself
and all others similarly situated,
Plaintiff,
vs.
SUNEDISON, INC., et al.,
Defendants.

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Case No. 4:15 CV 1769 RWS

MEMORANDUM AND ORDER
This matter is before the Court for a telephone conference “to obtain
guidance and a ruling” on lead plaintiff’s motion to reopen this administratively
closed case. This Court does not hold telephone conferences to “issue guidance”
on pending motions. The motion to reopen the case is denied without prejudice to
being refiled when appropriate. I continue to believe, in the exercise of my
discretion and in the proper management of this Court’s docket, that this case
should remain administratively closed at this time for all the reasons set out in my
prior Order and in defendants’ opposition to reopening the case.
However, I will permit lead plaintiffs to file and serve the consolidated
amended complaint in this case. Defendants are under no obligation to answer or
otherwise respond to the consolidated amended complaint pending further Order of
this Court. This includes any newly joined defendants; however, upon proper

service counsel for any newly joined defendant should file an entry of appearance
so that they will be notified of any filings in the case. Plaintiffs are required to
serve a copy of this Memorandum and Order along with the consolidated amended
complaint on any newly joined defendants. The parties shall file a joint status
report on the bankruptcy proceedings ninety (90) days from the date of this
Memorandum and Order. Such status report shall include the parties’ positions on
whether the case should be reopened at that time. Finally, counsel for lead plaintiff
improperly communicated with this Court by letter in contravention of the local
rules. In the future, the Court expects counsel for all parties to comply with all
Federal and local rules.
Accordingly,
IT IS HEREBY ORDERED that the motion to reopen case [60] is denied
without prejudice and this case remains administratively closed, except that lead
plaintiff shall be permitted to file and serve a consolidated amended complaint in
this administratively closed case in accordance with the provisions set out above.
No defendants are required to answer or otherwise respond to the consolidated
amended complaint pending further Order of this Court, and no defendant will be
held in default for failing to answer or otherwise respond to the consolidated
amended complaint pending further Order of this Court. However, counsel for any

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newly joined defendant shall file an entry of appearance upon proper service to be
notified of any future filings in this case.
IT IS FURTHER ORDERED that the parties shall file a joint status report
on the bankruptcy proceedings ninety (90) days from the date of this Memorandum
and Order as set out above.
IT IS FURTHER ORDERED that the motion for telephone conference
[67] is denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 19th day of July, 2016.

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