In re Aegean Marine Petroleum Network Inc. Securities Litigation

Filing 410

ORDER striking as Withdrawn 394 Motion to Certify Class. ORDERED that the Clerk of Court strike from the docket ECF Nos. 394-97 as withdrawn; and it is further ORDERED that Lead Plaintiff is permitted to file a revised class certification motion; and it is further ORDERED that Lead Plaintiff's proposed revised schedule in its letter of November 14, 2022 is adopted. (Signed by Judge Naomi Reice Buchwald on 11/18/2022) (mml)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------X IN RE AEGEAN MARINE PETROLEUM NETWORK, INC. SECURITIES LITIGATION ----------------------------------X NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE ORDER 18 Civ. 4993 (NRB) WHEREAS on November 14, 2022, counsel for plaintiffs filed a letter pursuant to the Court’s Individual Practice 2.B. requesting a pre-motion conference and seeking leave to file a revised motion for class certification and a corresponding revision to the briefing schedule on class certification (ECF No. 409); and WHEREAS Lead Plaintiff had originally filed its motion for class certification, supporting memorandum, and declarations on September 12, 2022 (ECF Nos. 394–97); and WHEREAS Lead Plaintiff thereafter informed the Court of an agreement in principle to resolve its claims against Defendant Spyros Gianniotis and obtained a stay of all proceedings and deadlines as to Defendant Gianniotis on October 27, 2022 (ECF Nos. 407–08); and WHEREAS if Defendant Gianniotis’s settlement receives final approval, the sole remaining claim in this action would be a claim under Section 20A of the Securities Exchange Act of 1934 against Defendant Dimitris Melissanidis; and WHEREAS it is in the interest of judicial economy for Lead Plaintiff to file a revised class certification motion; it is hereby ORDERED that the Clerk of Court strike from the docket ECF Nos. 394–97 as withdrawn; and it is further ORDERED that Lead Plaintiff is permitted to file a revised class certification motion; and it is further ORDERED that Lead Plaintiff’s proposed revised schedule in its letter of November 14, 2022 is adopted. Dated: New York, New York November 18, 2022 ____________________________ NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE

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