Suh v. XL Fleet Corp. et al

Filing 60

ORDER terminating (27) Motion to Consolidate Cases ; terminating (27) Motion to Appoint ; terminating (27) Motion to Approve; terminating (32) Motion to Consolidate Cases ; terminating (32) Motion to Appoint; terminating (32) Motion to Appoin t Counsel ; terminating (36) Motion to Consolidate Cases; terminating (36) Motion to Appoint ; terminating (36) Motion to Appoint Counsel ; terminating (45) Motion to Consolidate Cases ; terminating (45) Motion to Appoint ; terminating (45) Mot ion to Appoint Counsel ; terminating (6) Motion to Appoint ; terminating (57) Motion to Appear Pro Hac Vice; terminating (9) Motion to Appoint ; terminating (13) Motion to Consolidate Cases ; terminating (13) Motion to Appoint ; terminating (1 3) Motion to Appoint Counsel ; terminating (17) Motion to Consolidate Cases ; terminating (17) Motion to Appoint ; terminating (17) Motion to Appoint Counsel ; terminating (18) Motion to Appoint ; terminating (18) Motion to Appoint Counsel ; te rminating (18) Motion to Consolidate Cases ; terminating (19) Motion to Appoint in case 1:21-cv-02002-LGS. ORDERED that the Clerk of Court shall consolidate case 21 Civ. 2002 (as lead case) with case 21 Civ. 2171. All filings made after the issu ance of this Order in connection with the consolidated action shall be entered in the docket of the first-filed case, 21 Civ. 2002. After consolidation, the Clerk of Court shall amend the caption of this case to be: In re XL Fleet Corp. Securities Litigation. The Clerk of Court is further directed to close case 21 Civ. 2171. It is further ORDERED that Delton Rowe is appointed lead plaintiff in this action. It is further ORDERED that Rowe's chosen counsel, Glancy Prongay & Murray LLP, i s appointed as lead counsel. It is further ORDERED that Rowe shall file a consolidated complaint by July 6, 2021. It is further ORDERED that Defendants shall answer or otherwise respond to the consolidated complaint by August 5, 2021. If Defendant s file a motion to dismiss the consolidated complaint, Rowe shall file a memorandum of law in opposition by September 6, 2021, and Defendants shall file a reply, if any, by September 20, 2021. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 6, 9, 13, 17, 18, 19, 27, 32, 36 and 45 in case 21 Civ. 2002. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/3/2021) Filed In Associated Cases: 1:21-cv-02002-LGS, 1:21-cv-02171-LGS (cf)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------X : JEFF SUH, : Plaintiff, : : -against: : XL FLEET CORP., et al., : Defendants. : ------------------------------------------------------------- X SOURABH KUMAR, : Plaintiff, : : -against: : : XL FLEET CORP., et al., Defendants. : ------------------------------------------------------------- X 21 Civ. 2002 21 Civ. 2171 ORDER LORNA G. SCHOFIELD, District Judge: WHEREAS, on June 3, 2021, a conference was held to discuss the consolidation of the above-captioned actions and the appointment of a lead plaintiff and lead counsel. For the reasons stated on the record at the conference, it is hereby ORDERED that the Clerk of Court shall consolidate case 21 Civ. 2002 (as lead case) with case 21 Civ. 2171. All filings made after the issuance of this Order in connection with the consolidated action shall be entered in the docket of the first-filed case, 21 Civ. 2002. After consolidation, the Clerk of Court shall amend the caption of this case to be: In re XL Fleet Corp. Securities Litigation. The Clerk of Court is further directed to close case 21 Civ. 2171. It is further ORDERED that Delton Rowe is appointed lead plaintiff in this action. It is further ORDERED that Rowe’s chosen counsel, Glancy Prongay & Murray LLP, is appointed as lead counsel. It is further ORDERED that Rowe shall file a consolidated complaint by July 6, 2021. It is further ORDERED that Defendants shall answer or otherwise respond to the consolidated complaint by August 5, 2021. If Defendants file a motion to dismiss the consolidated complaint, Rowe shall file a memorandum of law in opposition by September 6, 2021, and Defendants shall file a reply, if any, by September 20, 2021. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 6, 9, 13, 17, 18, 19, 27, 32, 36 and 45 in case 21 Civ. 2002. Dated: June 3, 2021 New York, New York 2

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