Nykerk v. Jagdfeld et al
| Wisconsin Eastern District Court | |
| Judge: | Pamela Pepper |
| Case #: | 2:24-cv-00208 |
| Nature of Suit | 160 Contract - Stockholders’ Suits |
| Cause | 15:78m(a) Securities Exchange Act |
| Case Filed: | Feb 14, 2024 |
| Last checked: Monday Aug 12, 2024 3:44 AM CDT |
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Defendant
Aaron Jagdfeld
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Represented By
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Defendant
William Jenkins
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Represented By
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Defendant
Andrew Lampereur
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Represented By
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Defendant
Kathryn Roedel
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Represented By
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Defendant
Marcia J Avedon
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Represented By
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Defendant
Robert D Dixon
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Represented By
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Defendant
Bennett J Morgan
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Represented By
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Defendant
Nam T Nguyen
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Represented By
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Defendant
York A Ragen
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Represented By
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Defendant
David A Ramon
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Represented By
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Defendant
Dominick P Zarcone
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Represented By
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Nominal Defendant
Generac Holdings Inc
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Represented By
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Plaintiff
Jeffrey Nykerk
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Represented By
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| Docket last updated: 5 hours ago |
| Friday, August 16, 2024 | ||
| 17 | 17
order
Text Only Order ~Util - Terminate Motions
Fri 08/16 3:43 PM
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 8/16/2024 re15 Joint Stipulation to Stay and16 Joint Motion to Approve Stipulation to Stay. The court FINDS that the parties have shown good cause, GRANTS the motion and APPROVES the stipulation to stay. The court ORDERS that this case is STAYED until further order of the court. See stipulation for details. (cc: all counsel)(cb) |
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| Tuesday, July 09, 2024 | ||
| 16 | 16
motion
Miscellaneous Relief
Tue 07/09 4:37 PM
Joint MOTION to Approve Joint Stipulation to Stay by Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone.(Vanzura, Glenn) |
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Att: 1
Text of Proposed Order
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| 15 | 15
misc
Stipulation
Tue 07/09 4:32 PM
STIPULATION / Joint Stipulation to Stay by Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone. (Vanzura, Glenn) |
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| Friday, May 31, 2024 | ||
| 14 | 14
notice
Notice of Appearance
Fri 05/31 11:19 AM
NOTICE of Appearance by Jacqueline M Vallette on behalf of Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone. Attorney(s) appearing: Jacqueline M. Vallette (Vallette, Jacqueline) |
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| Friday, May 24, 2024 | ||
| 13 | 13
minutes
Status Conference
Tue 05/28 9:35 AM
Court Minutes RE: Status Conference held on 5/24/2024 before Chief Judge Pamela Pepper. (kgw) |
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| 12 | 12
audio
Audio docketing digital upload
Fri 05/24 2:52 PM
Please disregard Dkt. No. 12 - it is a duplicate of Dkt. No. 11. Audio of Status Conference held on 5/24/2024 at 12:36 p.m.; File Size (26.3 MB) (kgw) |
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| 11 | 11
audio
Audio docketing digital upload
Fri 05/24 2:50 PM
Audio of Status Conference held on 5/24/2024 at 12:36 p.m.; File Size (26.3 MB) (kgw) |
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| Tuesday, May 14, 2024 | ||
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utility
Set/Reset Hearings
Tue 05/14 3:31 PM
Set/Reset Hearings: Status Conference re-set for 5/24/2024 at 12:30 PM (Central Time) by telephone before Chief Judge Pamela Pepper. The parties are to appear by calling the court's conference line at 551-285-1373 and entering Meeting ID 161 4901 8989 and Passcode 190021 when prompted. Note: this hearing was set for 5/17/2024 and is being rescheduled at the request of the parties. (cb) |
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| Monday, April 01, 2024 | ||
| 10 | 10
notice
Notice of Hearing
Mon 04/01 11:36 AM
NOTICE of CHANGE OF Hearing: Status Conference re-set for 5/17/2024 at 1:00 PM by telephone before Chief Judge Pamela Pepper. The parties are to appear by calling the court's conference line at 551-285-1373 and entering Meeting ID 161 4901 8989 and Passcode 190021 when prompted. Note: this status conference was originally set for 5/13/2024 and is being rescheduled due to a conflict on the court's calendar. (cc: all counsel) (cb) |
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| Tuesday, March 12, 2024 | ||
| 9 | 9
misc
Disclosure Statement
Tue 03/12 5:04 PM
DISCLOSURE Statement by Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone. (Vanzura, Glenn) |
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| Friday, March 08, 2024 | ||
| 8 | 8
order
Text Only Order
Fri 03/08 11:52 AM
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 03/08/2024 re7 Stipulation, filed by Dominick P Zarcone, Generac Holdings Inc, William Jenkins, Aaron Jagdfeld, Nam T Nguyen, David A Ramon, Bennett J Morgan, Andrew Lampereur, Marcia J Avedon, York A Ragen, Kathryn Roedel, Robert D Dixon: Yesterday, the court issued an order declining to indefinitely stay the proceedings in this case until it resolves an as-yet-unfiled motion to dismiss in a related case. It took about a hot minute for the parties to file a second stipulation, this one asking the court to extend the deadline for the defendants to answer or otherwise respond in this case. The parties state that at the status conference the court has calendared for May 13, 2024, they will explain why "parties often agree and courts often stay shareholder derivative actions pending the resolution of pleading challenges in shareholder class actions that concern related facts and allegations--in particular, to conserve both party and judicial resources and to potentially avoid pleading motions in the shareholder derivative actions that are often rendered moot by developments int he parallel shareholder actions." While the court appreciates the parties' generous (although obvious) explanation, the court did not decline to approve the first stipulation because it is ignorant of the potential benefits of a stay in terms of conservation of judicial and litigant resources. The court declined to approve the stipulation because the parties sought an indefinite stay for resolution of a motion that has not yet been filed, and because paragraph 9 of the stipulation provided that "[a]ny party may terminate the stay within fifteen (15) days' written email notice to the other Parties," despite the fact that it is the court that imposes the stay and thus the court that must terminate the stay (upon motion or notice from a party or parties). The court will approve this second stipulation to the extent that it extends the deadline for the defendants to answer or otherwise respond to the complaint until a date to be determined at the March May 13, 2024 status conference. The court APPROVES the stipulation, and ORDERS that the defendants are not required to answer or otherwise respond to the complaint until a date to be determined at the March May 13, 2024 status conference. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela) Modified on 3/8/2024 (cb) |
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| Thursday, March 07, 2024 | ||
| 7 | 7
misc
Stipulation
Thu 03/07 7:19 PM
STIPULATION / Joint Stipulation for Extension of Time to Respond to Complaint by Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone. (Vanzura, Glenn) |
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| 6 | 6
order
Text Only Order ~Util - Set/Reset Hearings
Thu 03/07 3:28 PM
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 3/7/2024 re5 Joint Stipulation to Stay this Action. The parties jointly stipulate to stay Case No. 24-cv-208-pp (E.D. Wis.) pending the court's resolution of "any forthcoming motion to dismiss" in Case No. 24-cv-240-pp (E.D. Wis.). As the parties' use of the word "forthcoming" indicates, there is no pending motion to dismiss in that case; the plaintiff's amended complaint is not due until April 22, 2024, and briefing on any motion to dismiss will not be completed until October 4, 2024. Case No. 24-cv-240, Dkt. No. 19. The court will not indefinitely stay Case No. 24-cv-208 based on the possibility that a motion to dismiss may be filed in Case No. 24-cv-240. The court DECLINES TO APPROVE the parties' stipulation. The court ORDERS that the parties in both Case No. 24-cv-208 and Case No. 24-cv-240 must appear for a telephonic status conference on May 13, 2024 at 10:00 AM (Central Time). The parties are to call the court's conference line at 551-285-1373 and enter Meeting ID 161 4901 8989 and Passcode 190021 when prompted. Note: there is no document linked to this text only order. (cc: all counsel)(cb) |
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| Wednesday, March 06, 2024 | ||
| 5 | 5
misc
Stipulation
Wed 03/06 6:29 PM
STIPULATION / Joint Stipulation to Stay This Action by Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone. (Vanzura, Glenn) |
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| 4 | 4
misc
Consent/Refusal to Jurisdiction by US Magistrate Judge
Wed 03/06 9:16 AM
Magistrate Judge Jurisdiction Form filed by Jeffrey Nykerk. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Brown, Timothy) |
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| Friday, February 16, 2024 | ||
| 3 | 3
service
Summons Returned Executed
Fri 02/16 9:22 AM
SUMMONS Returned Executed by Jeffrey Nykerk. Generac Holdings Inc served on 2/15/2024. (Brown, Timothy) |
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| Thursday, February 15, 2024 | ||
| 2 | 2
misc
Disclosure Statement
Thu 02/15 12:15 PM
DISCLOSURE Statement by Jeffrey Nykerk. (Brown, Timothy) |
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service
Summons Issued
Thu 02/15 7:59 AM
Summons Issued as to Marcia J Avedon, Robert D Dixon, Generac Holdings Inc, Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J Morgan, Nam T Nguyen, York A Ragen, David A Ramon, Kathryn Roedel, Dominick P Zarcone. (amb) |
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misc
Case Opening Modification
Thu 02/15 8:02 AM
Case Opening Modification(s); The following modification(s) have been made to your case entry: The county code has been modified - please remember to choose the county for the first named plaintiff. Punctuation removed from party names - please remember to follow the Party Name Guidelines found on our website; Please refer to the[LINK:attorney case opening instructions] , the[LINK:summons instructions] and the[LINK:party name guidelines found in the user manual] for further guidance (amb) |
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| Wednesday, February 14, 2024 | ||
| 1 | 1
57
pgs
cmp
Complaint
Wed 02/14 4:23 PM
COMPLAINT with Jury Demand; against Marcia J. Avedon, Robert D. Dixon, Generac Holdings, Inc., Aaron Jagdfeld, William Jenkins, Andrew Lampereur, Bennett J. Morgan, Nam T. Nguyen, York A. Ragen, David A. Ramon, Kathryn Roedel, Dominick P. Zarcone by Jeffrey Nykerk. ( Filing Fee PAID $405 receipt number AWIEDC-4610865)(Brown, Timothy) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Summons,
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Att: 5
Summons,
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Att: 6
Summons,
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Att: 7
Summons,
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Att: 8
Summons,
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Att: 9
Summons,
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Att: 10
Summons,
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Att: 11
Summons,
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Att: 12
Summons,
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Att: 13
Summons
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notice
Notice of Judge Assignment
Wed 02/14 4:27 PM
NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available[LINK:here.] Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) |
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