United States District Court, W.D. Washington, Seattle
THE RONALD AND MAXINE LINDE FOUNDATION, Individually and On Behalf of All Others Similarly Situated, Plaintiff,
FUNKO, INC.; BRIAN MARIOTTI; RUSSELL NICKEL; KEN BROTMAN; GINO DELLOMO; ADAM KRIGER; RICHARD MCNALLY; CHARLES DENSON; DIANE IRVINE; GOLDMAN SACHS & CO.; J.P. MORGAN SECURITIES LLC; MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED; ACON INVESTMENTS, L.L.C.; and FUNDAMENTAL CAPITAL, LLC, Defendants.
BERMAN SOBOL SHAPIRO LLP By Steve W. Berman, Karl P. Barth,
Dawn D. Cornelius, ROBBINS GELLER RUDMAN & DOWD LLP
Samuel H. Rudman (PHV to be filed), James I. Jaconette (PHV
to be filed) Brian E. Cochran (PHV to be filed), Corey D.
Holzer (PHV to be filed) Holzer & Holzer, LLC Attorneys
BRUCE & WILLEY LLP By Stephen C. Willey, Of Counsel
LATHAM & WATKINS LLP Benjamin Naftalis (pro hac vice)
Kevin McDonough (pro hac vice) Attorneys for Defendants
Funko, Inc.; Brian Mariotti; Russell Nickel; Ken Brotman;
Gino Dellomo; Adam Kriger; Richard McNally; Charles Denson;
and Diane Irvine
AUSTIN LLP By Attorneys for Defendants Goldman Sachs &
Co. LLC; J.P. Morgan Securities LLC; and Merrill Lynch,
Pierce, Fenner & Smith Incorporated
LAW GROUP, LLP By Michael K. Ross, Attorneys for Defendant
ACON Investments, L.L.C.
BRUCE & WILLEY LLP By Stephen C. Willey, REED SMITH LLP
James L. Sanders (PHV to be filed) Attorneys for Defendant
Fundamental Capital, LLC
STIPULATION AND ORDER EXTENDING TIME TO ANSWER, MOVE,
OR OTHERWISE RESPOND PENDING REMAND PROCEEDINGS
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
The Ronald and Maxine Linde Foundation
(“Plaintiff”) and Defendants, by and through
their undersigned counsel of record, hereby stipulate and
agree as follows:
January 18, 2018, Plaintiff filed the complaint in this
putative class action (the “Complaint”) in the
Superior Court of Washington in and for King County against
Funko, Inc., Brian Mariotti, Russell Nickel, Ken Brotman,
Gino Dellomo, Adam Kriger, Richard McNally, Charles Denson,
and Diane Irvine (collectively, the “Funko
Defendants”); Goldman Sachs & Co. LLC; J.P. Morgan
Securities LLC; Merrill Lynch, Pierce, Fenner & Smith
Incorporated; ACON Investments, L.L.C.; and Fundamental
Capital, LLC (collectively, the “Additional Defendants,
” and together with the Funko Defendants, the
Complaint alleges violations of Sections 11, 12, and 15 of
the federal Securities Act of 1933, 15 U.S.C. § 77a,
February 23, 2018, the Funko Defendants removed this action
to this Court, along with two additional cases arising out of
the same allegations and asserting substantially the same
causes of action as this case. See Baskin v. Funko, Inc.,
et al., 2:18-cv-00281-RSM; Surratt v. Funko, Inc.,
et al., 2:18-cv-00283-RSM.
Although the Funko Defendants identified all three removed
actions as “related to” Lowinger v. Funko,
Inc., et al., 2:18-cv-00201-RSM, which the Funko
Defendants removed to this Court on February 7, 2018, the
cases were assigned to different judges.
March 2, 2018, this action was reassigned to Judge Ricardo S.
Martinez, as related to Lowinger v. Funko, Inc., et
Plaintiff intends to file a motion to remand this action to
the Superior Court of Washington in and for King County.
There have been no prior extensions of time for Defendants to
answer, move or otherwise respond ...