Finkelstein v. Fox et al

Filing 44

ORDER GRANTING THE BROOKLYN INVESTOR GROUP'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL granting 14 Motion to Appoint ; granting 14 Motion to Appoint Counsel. The Court, having considered the mot ion of Steven Weill, David Klein, Isaac Broyn and Elliot Abramowitz's (the "Brooklyn Investor Group") for Appointment as Lead Plaintiff and Approval of Selection of Counsel (the "Motion"), and good cause appearing therefor, O RDERS as follows: 1. The Motion is GRANTED. The other movants have either withdrawn their motions or filed notices of non-opposition, so Movant's motion is unopposed. 2. The Court, having considered the provisions of section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. §78u-4(a)(3)(B), as amended by the Private Securities Litigation Reform Act of 1995, hereby appoints the Brooklyn Investor Group as Lead Plaintiff. 3. Lead Plaintiff's selection of Lead Counsel is approved. Pursuant to section 21D(a)(3)(B)(v), the law firms of Kirby McInerney LLP and Rolnick Kramer Sadighi LLP are approved as Co-Lead Counsel for Lead Plaintiff and the proposed class. IT IS SO ORDERED. In light of this Order, the conference scheduled for September 5, 2024, is hereby CANCELED as unnecessary. No later than September 5, 2024, Lead Plaintiff shall confer with Defendants and file a proposed Order setting forth the duties and responsibilities of Lead Plaintiff and Lead Couns el, as well as deadlines for the filing of any amended complaint and answer or motion to dismiss. (For examples of such an order, see Order Appointing Lead Plaintiff and Approving Lead Plaintiff's Selection of Counsel, ECF No. 24, Willard v. Up Fintech Ltd., No. 19-CV-10326 (JMF) (S.D.N.Y. Jan. 24, 2020); and Order Granting Motion of Eric Dahm for Appointment as Lead Plaintiff and Approval of Selection of Counsel, ECF No. 26, Yaroni v. Pintec Tech. Holdings Ltd., No. 20-CV-8062 (JMF) (S.D.N.Y. Dec. 15, 2020).) The Clerk of Court is directed to terminate ECF No. 14 and to update the docket to reflect the appointments of Lead Plaintiff 1a nd Lead Counsel. IT IS SO ORDERED.. (Signed by Judge Jesse M. Furman on 8/29/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DAVID FINKELSTEIN, Individually and on
Behalf of All Others Similarly Situated,
v.

Plaintiff,

Case No.: 1:24-cv-04056 (JMF)
CLASS ACTION

ANDREW FOX, LEAH SCHWELLER, and
CRAIG DENSON,
Defendants.

[PROPOSED ORDER] GRANTING THE BROOKLYN INVESTOR GROUP’S MOTION
FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF
SELECTION OF LEAD COUNSEL

The Court, having considered the motion of Steven Weill, David Klein, Isaac Broyn and
Elliot Abramowitz’s (the “Brooklyn Investor Group”) for Appointment as Lead Plaintiff and
Approval of Selection of Counsel (the “Motion”), and good cause appearing therefor, ORDERS
as follows:
1.
2.

The other movants have either withdrawn their motions or
filed notices of non-opposition, so Movant's motion is
The Motion is GRANTED.
unopposed.
The Court, having considered the provisions of section 21D(a)(3)(B) of the

Securities Exchange Act of 1934, 15 U.S.C. §78u-4(a)(3)(B), as amended by the Private Securities
Litigation Reform Act of 1995, hereby appoints the Brooklyn Investor Group as Lead Plaintiff.
3.

Lead Plaintiff's selection of Lead Counsel is approved.

Pursuant to section

21D(a)(3)(B)(v), the law firms of Kirby McInerney LLP and Rolnick Kramer Sadighi LLP are
approved as Co-Lead Counsel for Lead Plaintiff and the proposed class.

IT IS SO ORDERED.

August 29, 2024
DATED: _________________

_____________________________________
HON. JESSE M. FURMAN
U.S. DISTRICT JUDGE

In light of this Order, the conference scheduled for September 5, 2024, is hereby
CANCELED as unnecessary.
No later than September 5, 2024, Lead Plaintiff shall confer with Defendants and file a
proposed Order setting forth the duties and responsibilities of Lead Plaintiff and Lead
Counsel, as well as deadlines for the filing of any amended complaint and answer or
motion to dismiss. (For examples of such an order, see Order Appointing Lead
Plaintiff and Approving Lead Plaintiff’s Selection of Counsel, ECF No. 24, Willard v.
Up Fintech Ltd., No. 19-CV-10326 (JMF) (S.D.N.Y. Jan. 24, 2020); and Order
Granting Motion of Eric Dahm for Appointment as Lead Plaintiff and Approval of
Selection of Counsel, ECF No. 26, Yaroni v. Pintec Tech. Holdings Ltd., No. 20CV-8062 (JMF) (S.D.N.Y. Dec. 15, 2020).)
The Clerk of Court is directed to terminate ECF No. 14 and to update the docket to
reflect the appointments of Lead Plaintiff 1and Lead Counsel.