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(Attachments: # 1 Memorandum in Support, # 2 Declaration of Elizabeth Gingold Clark, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I) (Clark, Elizabeth) (Entered: 08/28/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/469179297/","id":469179297,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/484502917/","id":484502917,"tags":[],"absolute_url":"/docket/72093987/22/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-06-29T15:59:03.852234-07:00","date_modified":"2026-10-03T06:05:24.864330-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"22","attachment_number":null,"pacer_doc_id":"123023914643","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Amended Complaint","acms_document_guid":""}],"date_created":"2026-06-29T15:59:03.830137-07:00","date_modified":"2026-10-03T06:05:24.827379-07:00","date_filed":"2026-06-29","time_filed":"18:41:21","entry_number":22,"recap_sequence_number":"2026-06-29.001","pacer_sequence_number":99,"description":"AMENDED COMPLAINT against Agilon Health, Inc., Jeffrey Schwaneke, Steven Sell, filed by Jeremy Vandersluis, Shaji Nelson, HR & Sons LLC. (Siben, Matthew) (Entered: 06/29/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/463004930/","id":463004930,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/478138816/","id":478138816,"tags":[],"absolute_url":"","date_created":"2026-05-05T10:07:18.317612-07:00","date_modified":"2026-05-06T18:05:58.383811-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2026-05-05T10:07:18.303115-07:00","date_modified":"2026-05-06T18:05:58.353431-07:00","date_filed":"2026-05-05","time_filed":null,"entry_number":null,"recap_sequence_number":"2026-05-05.001","pacer_sequence_number":null,"description":"ORDER: The parties' joint stipulation for (i) schedule to file Plaintiff's Amended Complaint and Defendants' response and (ii) rename this action, ECF No. 21, is so-ordered. Plaintiff shall file its Amended Complaint on or before June 29, 2026. Defendants shall move to dismiss, answer, or otherwise respond to the Amended Complaint on or before August 28, 2026. If Defendants move to dismiss the Amended Complaint, Plaintiff shall file its opposition to the motion to dismiss by October 27, 2026 and Defendants shall file their reply, if any, by December 3, 2026.The Clerk of the Court is respectfully directed to update the name of this action to: In re: agilon health, inc. 2025 Securities Litigation. Ordered by Judge Hector Gonzalez on 5/5/2026. (PN)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/463003623/","id":463003623,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/478137495/","id":478137495,"tags":[],"absolute_url":"","date_created":"2026-05-05T10:04:48.614999-07:00","date_modified":"2026-05-05T10:04:48.622079-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order(Other)","acms_document_guid":""}],"date_created":"2026-05-05T10:04:48.579550-07:00","date_modified":"2026-05-05T10:04:48.579565-07:00","date_filed":"2026-05-05","time_filed":"12:57:22","entry_number":null,"recap_sequence_number":"2026-05-05.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/462878492/","id":462878492,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/478003814/","id":478003814,"tags":[],"absolute_url":"/docket/72093987/21/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-05-04T11:23:28.670329-07:00","date_modified":"2026-05-22T04:12:28.189048-07:00","sha1":"922783ea0a428ad109d875ed483dd4e4e8cf0d01","page_count":2,"file_size":274979,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.21.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.21.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:25-cv-07167-HG Document 21 Filed 05/04/26 Page 1 of 2 PageID #: 199\n\n\n\n\n 90 Park Avenue\n New York, NY, 10016-1387\n 212-210-9400 | Fax: 212-210-9444\n\n\n Elizabeth Gingold Clark Direct Dial: 212-210-9568 Email: elizabeth.clark@alston.com\n\n\n May 4, 2026\n\n VIA ECF\n\n Hon. Hector Gonzalez, U.S.D.J.\n United States District Court\n Eastern District of New York\n 225 Cadman Plaza East\n Brooklyn, NY 11201\n\n Re: Jeremy Vandersluis v. agilon health, inc., et al.; No. 1:25-cv-07167-HG\n\n\n Dear Judge Gonzalez:\n\n We represent Defendants agilon health, inc., Steven Sell, and Jeffrey Schwaneke\n (collectively, \u201cDefendants\u201d) in the above-referenced action. In accordance with Rule\n 1.C(2) of the Court\u2019s Individual Rules and Practices, we respectfully submit this letter to\n request that the Court enter the enclosed Joint Stipulation and [Proposed] Order for (1)\n Schedule to File Plaintiff\u2019s Amended Complaint and Defendants\u2019 Responses Thereto and\n (2) Other Relief (\u201cStipulation\u201d). Lead Plaintiff HR & Sons LLC (\u201cPlaintiff,\u201d and with\n Defendants, the \u201cParties\u201d) jointly submit this request.\n\n On April 28, 2026, the Court entered an Order that, among other things, appointed\n HR & Sons LLC as Lead Plaintiff, approved its selection of The Rosen Law Firm, P.A. as\n Lead Counsel, and directed the Parties to meet-and-confer and submit a proposed schedule\n for the filing of an amended complaint and briefing schedule for any responses thereto on or before\n May 12, 2026.\n\n Accordingly, the Parties have met and conferred and respectfully request that the\n Court enter the enclosed Stipulation setting the proposed schedule outlined below:\n\n 1. Plaintiff shall file its Amended Complaint (\u201cAC\u201d) on or before June 29, 2026;\n\n 2. Defendants shall move to dismiss, answer, or otherwise respond to the AC on\n or before August 28, 2026; and\n\n 3. If Defendants move to dismiss the AC, Plaintiff shall file its opposition to the\n motion to dismiss on or before October 27, 2026, and Defendants shall file their reply\n brief in support of their motion to dismiss on or before December 3, 2026.\n Alston & Bird LLP www.alston.com\n\n Atlanta | Brussels | Century City | Charlotte | Chicago | Dallas | London | Los Angeles | New York | Raleigh | San Francisco | Silicon Valley | Washington, D.C.\n\fCase 1:25-cv-07167-HG Document 21 Filed 05/04/26 Page 2 of 2 PageID #: 200\n Jeremy Vandersluis v. agilon health, inc., et al., No. 1:25-cv-07167-HG\n May 4, 2026\n Page 2\n\n\n Further, the Parties request that the action be renamed to: In re: agilon health,\n inc. 2025 Securities Litigation.\n\n The Parties previously requested, and the Court granted, an extension of time for\n Defendants to respond to the Complaint, pending the appointment of Lead Plaintiff and\n Lead Counsel. (See DCKT #8).\n\n We appreciate the Court\u2019s attention to this matter and we are available at the\n Court\u2019s convenience should Your Honor have any questions.\n\n Sincerely,\n\n\n\n Elizabeth Gingold Clark\n\n Enclosure\n\n cc: Counsel of Record (via ECF)\n\f","ocr_status":1,"date_upload":"2026-05-18T09:15:07.809972-07:00","document_number":"21","attachment_number":null,"pacer_doc_id":"123023709497","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Letter","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/479560309/","id":479560309,"tags":[],"absolute_url":"/docket/72093987/21/1/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-05-18T09:15:06.942771-07:00","date_modified":"2026-05-22T04:12:09.699846-07:00","sha1":"9700577a2068a2f695ce6bcd0acac98b3d300aeb","page_count":4,"file_size":195804,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.21.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.21.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":"2026-05-18T09:15:10.333230-07:00","document_number":"21","attachment_number":1,"pacer_doc_id":"123023709498","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Joint Stipulation and Proposed Order","acms_document_guid":""}],"date_created":"2026-05-04T11:23:28.644861-07:00","date_modified":"2026-05-06T18:05:58.301398-07:00","date_filed":"2026-05-04","time_filed":"14:16:03","entry_number":21,"recap_sequence_number":"2026-05-04.001","pacer_sequence_number":95,"description":"Letter regarding Joint Stipulation and Proposed Order for Schedule to File Plaintiff's Amended Complaint and Defendants' Responses Thereto and Other Relief by Agilon Health, Inc., Jeffrey Schwaneke, Steven Sell (Attachments: # 1 Joint Stipulation and Proposed Order) (Clark, Elizabeth) (Entered: 05/04/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/462228322/","id":462228322,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/477338588/","id":477338588,"tags":[],"absolute_url":"","date_created":"2026-04-28T11:04:31.161760-07:00","date_modified":"2026-05-06T18:05:58.274869-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2026-04-28T11:04:31.130929-07:00","date_modified":"2026-05-06T18:05:58.253153-07:00","date_filed":"2026-04-28","time_filed":null,"entry_number":null,"recap_sequence_number":"2026-04-28.001","pacer_sequence_number":null,"description":"ORDER: HR & Sons LLC's and Shaji Nelson's stipulation to appoint lead plaintiff and approve choice of counsel, ECF No. 20 is so-ordered. According to the terms of the stipulation, HR & Sons LLC's motion, ECF No. 9, is GRANTED, HR & Sons LLC is appointed Lead Plaintiff, and the Rosen Law Firm, P.A. is approved as Lead Counsel. Mr. Nelson's motion is denied. In light of the provisions of this Order, the Defendants and Lead Counsel are reminded that they are required to meet and confer and submit to the Court a proposed schedule for the filing of an amended or consolidated complaint and responses thereto by May 12, 2026. See Jan. 22, 2026. Ordered by Judge Hector Gonzalez on 4/28/2026. (PN)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/462228241/","id":462228241,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/477338507/","id":477338507,"tags":[],"absolute_url":"","date_created":"2026-04-28T11:04:10.738682-07:00","date_modified":"2026-04-28T11:04:10.744354-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion to Appoint Counsel AND Order on Motion to Appoint Counsel","acms_document_guid":""}],"date_created":"2026-04-28T11:04:10.722207-07:00","date_modified":"2026-04-28T11:04:10.722219-07:00","date_filed":"2026-04-28","time_filed":"13:56:59","entry_number":null,"recap_sequence_number":"2026-04-28.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/462122714/","id":462122714,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/477230479/","id":477230479,"tags":[],"absolute_url":"/docket/72093987/20/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-04-27T13:52:28.247377-07:00","date_modified":"2026-05-06T18:05:58.237063-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"20","attachment_number":null,"pacer_doc_id":"123023682398","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Stipulation","acms_document_guid":""}],"date_created":"2026-04-27T13:52:28.202802-07:00","date_modified":"2026-05-06T18:05:58.214128-07:00","date_filed":"2026-04-27","time_filed":"16:49:30","entry_number":20,"recap_sequence_number":"2026-04-27.002","pacer_sequence_number":86,"description":"STIPULATION re 10 MOTION to Appoint Counsel and Appoint Lead Plaintiff, 9 MOTION to Appoint Counsel and Lead Plaintiff by HR & Sons LLC, Shaji Nelson (Kim, Phillip) (Entered: 04/27/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/462101101/","id":462101101,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/477208174/","id":477208174,"tags":[],"absolute_url":"/docket/72093987/19/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-04-27T12:10:07.640933-07:00","date_modified":"2026-05-06T18:05:58.180558-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"19","attachment_number":null,"pacer_doc_id":"123023681175","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Notice of Appearance","acms_document_guid":""}],"date_created":"2026-04-27T12:10:07.618169-07:00","date_modified":"2026-05-06T18:05:58.154538-07:00","date_filed":"2026-04-27","time_filed":"15:04:09","entry_number":19,"recap_sequence_number":"2026-04-27.001","pacer_sequence_number":82,"description":"NOTICE of Appearance by Matthew Philip Siben on behalf of HR & Sons LLC, Jeremy Vandersluis (aty to be noticed) (Siben, Matthew) (Entered: 04/27/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/458283518/","id":458283518,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/473282890/","id":473282890,"tags":[],"absolute_url":"/docket/72093987/16/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-03-23T19:14:16.951549-07:00","date_modified":"2026-05-22T13:01:02.105480-07:00","sha1":"2d09139c41aa2f964645c5dd118cf69f939ebd40","page_count":8,"file_size":228106,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.16.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.16.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":"2026-05-18T09:15:08.394928-07:00","document_number":"16","attachment_number":null,"pacer_doc_id":"123023555407","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Reply in Support","acms_document_guid":""}],"date_created":"2026-03-23T19:14:16.916996-07:00","date_modified":"2026-05-06T18:05:58.002093-07:00","date_filed":"2026-03-23","time_filed":"22:00:09","entry_number":16,"recap_sequence_number":"2026-03-23.001","pacer_sequence_number":71,"description":"REPLY in Support re 9 MOTION to Appoint Counsel and Lead Plaintiff filed by HR & Sons LLC. (Kim, Phillip) (Entered: 03/23/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/458283517/","id":458283517,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/473282889/","id":473282889,"tags":[],"absolute_url":"/docket/72093987/17/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-03-23T19:14:16.805701-07:00","date_modified":"2026-05-22T13:01:02.060934-07:00","sha1":"cbaf88abf85ea116ed830c0a63658917615c209c","page_count":8,"file_size":124058,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.17.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.17.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:25-cv-07167-HG Document 17 Filed 03/23/26 Page 1 of 8 PageID #: 179\n\n\n\n\n UNITED STATES DISTRICT COURT\n EASTERN DISTRICT OF NEW YORK\n\nJEREMY VANDERSLUIS, Individually Case No. 1:25-cv-07167-HG\nand on behalf of all others similarly\nsituated,\n\n Plaintiff,\n\n v.\n\nAGILON HEALTH, INC., STEVEN SELL,\nand JEFFREY SCHWANEKE,\n\n Defendants.\n\n\nSHAJI NELSON\u2019S REPLY MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION\n FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL\n\fCase 1:25-cv-07167-HG Document 17 Filed 03/23/26 Page 2 of 8 PageID #: 180\n\n\n\n\nI. HR&S SHOULD BE DISQUALIFIED FROM CONSIDERATION FOR\n APPOINTMENT AS LEAD PLAINTIFF BECAUSE IT IS INADEQUATE AND\n SUBJECT TO UNIQUE DEFENSES\n\n HR&S1 is inadequate because it is a high-frequency day trader, it failed to provide any\n\nmeaningful information about itself, and it possibly excluded relevant transaction information\n\nfrom its loss analysis.2 See Nelson Opp. at 2-6.\n\n Despite these adequacy issues and unique defenses, each one of which is independently\n\ndisqualifying, HR&S has so far ignored them in the two memoranda it has filed in support of its\n\nlead plaintiff motion (see Dkt. Nos. 12, 14). HR&S has offered no explanation, let alone an\n\nargument, as to why its day trading will not be the basis of unique defenses. Nor has HR&S\n\nexplained why it should be exempt from providing basic information about itself, including the\n\nidentity of its owners, who executed its transactions, or even the state in which it is registered.\n\nThese omissions are telling given that counsel for HR&S, as experienced securities fraud\n\nlitigators, are likely aware that courts routinely disqualify movants that day trade or withhold this\n\nkind of basic information about themselves. See Nelson Opp. at 2, 4 (collecting cases).\n\n Accordingly, HR&S is inadequate and subject to unique defenses that will become a\n\ndistraction at later stages of the litigation. Any presumption that HR&S is the most adequate\n\nplaintiff based on the size of its loss is therefore rebutted, and HR&S should be disqualified from\n\nconsideration for appointment as lead plaintiff.\n\n\n\n\n1\n Lead Plaintiff Movant Nelson submits this reply memorandum of law in further support of his\nmotion for appointment as lead plaintiff and approval of lead counsel (Dkt. No. 10), and in\nresponse to the opposition to his motion filed by competing movant HR&S (Dkt. No. 14, \u201cHR&S\nOpp.\u201d). All capitalized terms herein shall have the same meaning as in Nelson\u2019s opposition\nmemorandum. See Dkt. No. 15 (\u201cNelson Opp.\u201d)\n2\n As of the date of this filing, HR&S has not responded to Nelson\u2019s contention regarding its loss\nanalysis and potential post-class period transactions.\n\n\n 1\n\fCase 1:25-cv-07167-HG Document 17 Filed 03/23/26 Page 3 of 8 PageID #: 181\n\n\n\n\nII. NELSON SHOULD BE APPOINTED AS LEAD PLAINTIFF BECAUSE HE IS\n THE ONLY REMAINING ADEQUATE LEAD PLAINTIFF CANDIDATE\n\n Nelson satisfies all three PSLRA requirements to be appointed as lead plaintiff. He filed a\n\ntimely motion, has the largest financial interest as the only remaining bona fide movant, and is\n\nadequate to represent the class. Moreover, as explained below, HR&S has failed to rebut the\n\npresumption that Nelson is the most adequate plaintiff.\n\n The only basis on which HR&S has challenged Nelson\u2019s adequacy is that Nelson\u2019s\n\ncounsel mistakenly excluded the words \u201cunder the laws of the United States of America\u201d from\n\nhis certification. See HR&S Opp. at 5. The attack fails to rebut the presumption that Nelson is the\n\nmost adequate plaintiff.\n\n As an initial matter, that HR&S deemed it necessary to attack Nelson\u2019s adequacy is a\n\ntacit admission that HR&S doubts its own adequacy. The lead plaintiff selection process is\n\nsequential. Nelson\u2019s adequacy is only relevant if HR&S (the movant with the larger claimed\n\nloss) is first eliminated from consideration for appointment as lead plaintiff. If HR&S were\n\nadequate (it is not), HR&S would be appointed as lead plaintiff and Nelson would never be\n\nconsidered. See Faris v. Longtop Fin. Techs. Ltd., 2011 WL 4597553, at *3 (S.D.N.Y. Oct. 4,\n\n2011) (\u201cThe process is sequential and does not leave any room for a relative comparison of the\n\nmovants by the court.\u201d). HR&S is likely attacking Nelson\u2019s adequacy because it perceives its\n\nown inadequacy and is trying to muddy the waters.\n\n While Nelson should have included the missing language, Nelson has submitted a revised\n\ncertification herewith, adding the missing phrase, and curing any purported deficiency.3 In\n\ngeneral, \u201cminor or inadvertent mistakes made in a sworn certification do not strike at the heart of\n\n3\n See Declaration of Gregory B. Linkh in Support of Shaji Nelson\u2019s Reply Memorandum of Law\nin Support of His Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel, Ex.\n1.\n\n\n 2\n\fCase 1:25-cv-07167-HG Document 17 Filed 03/23/26 Page 4 of 8 PageID #: 182\n\n\n\n\nRule 23\u2019s adequacy requirement.\u201d David v. Brit. Am. Tobacco P.L.C., 2024 WL 4351311, at *6\n\n(E.D.N.Y. Sept. 30, 2024) (citation omitted). The court in Crass v. Yalla Group Ltd., 2021 WL\n\n5181008, at *7 (S.D.N.Y. Nov. 8, 2021) faced a set of facts nearly identical to the facts here in\n\nwhich one movant challenged another movant group\u2019s adequacy on the basis that the group\u2019s\n\ncertifications \u201cwere not properly sworn under penalty of perjury \u2018under the laws of the United\n\nStates of America,\u2019 pursuant to 28 U.S.C. \u00a7 1746(1).\u201d The court rejected the adequacy challenge,\n\nfinding that \u201cthis defect is not significant or substantive, and, indeed, has since been cured\u201d by\n\n\u201crevised PSLRA certifications, this time containing the properly worded oath.\u201d Id. The same\n\nresult is warranted here with respect to Nelson; the mistake was minor, did not relate to any of\n\nthe substantive assertions in his certification, and was corrected.\n\n HR&S\u2019s authority to the contrary should be rejected. HR&S relies on one out-of-circuit\n\ncase to argue that Nelson is inadequate. See HR&S Opp. at 5 (citing Nasin v. Hongli Clean\n\nEnergy Techs. Corp., 2017 WL 5598214, at *3 (D.N.J. Nov. 21, 2017)). Beyond being out-of-\n\ncircuit, the Nasin decision relies on a faulty premise. The Nasin court reasoned that \u201cthe PSLRA\n\nrequires each movant to submit a sworn certification\u201d and rejected the movant\u2019s revised\n\ncertification as untimely since it was \u201cfiled after the 60-day [PSLRA] deadline.\u201d See Nasin, 2017\n\nWL 5598214, at *3 (emphasis added). However, the PSLRA does not require that movants file\n\ncertifications with their motions. The PSLRA instead requires that plaintiffs file certifications\n\nwith their complaints. See 15 U.S.C. \u00a7 78u-4(a)(2)(A) (subsection titled \u201cCertification filed with\n\ncomplaint\u201d requiring that \u201cEach plaintiff seeking to serve as a representative party on behalf of a\n\nclass shall provide a sworn certification, which shall be personally signed by such plaintiff and\n\nfiled with the complaint, that . . . .\u201d) (emphasis added). While movants typically file\n\n\n\n\n 3\n\fCase 1:25-cv-07167-HG Document 17 Filed 03/23/26 Page 5 of 8 PageID #: 183\n\n\n\n\ncertifications, they are not required by the PSLRA, nor subject to a PSLRA 60-day deadline.4\n\nThe PSLRA 60-day deadline applies to motions, which, Nelson timely filed. See 15 U.S.C. \u00a7\n\n78u-4(a)(3)(A)(i)(II) (\u201c[N]ot later than 60 days after the date on which the notice is published,\n\nany member of the purported class may move the court to serve as lead plaintiff . . . .\u201d).\n\n As such, HR&S has failed to rebut the presumption that Nelson is the most adequate\n\nplaintiff to be appointed as lead plaintiff.\n\nIII. CONCLUSION\n\n For the foregoing reasons, Nelson respectfully requests that the Court: (1) appoint Nelson\n\nas Lead Plaintiff; (2) approve his selection of Glancy Prongay Wolke & Rotter LLP as Lead\n\nCounsel for the class; and (3) deny the competing motion of HR&S.\n\n Respectfully submitted,\n\n\n\nDATED: March 23, 2026 GLANCY PRONGAY WOLKE &\n ROTTER LLP\n\n By: /s/ Gregory B. Linkh\n Gregory B. Linkh (GL-0477)\n 230 Park Ave., Suite 358\n New York, NY 10169\n Telephone: (212) 682-5340\n Facsimile: (212) 884-0988\n glinkh@glancylaw.com\n\n\n\n\n4\n The Northern District of California has recognized in its local rules that the PSLRA does not\nrequire movants to file certifications, and has instituted an alternative requirement. See ND Cal.\nLoc. Civ. R. 23-1(c) (\u201cAny party seeking to serve as lead plaintiff, but who does not also file a\ncomplaint, need not file the certification required in Civil L.R. 3-7(b), but must at the time of\ninitial appearance state that the party has reviewed a complaint filed in the action and either: (1)\nAdopts its allegations or, if not, (2) Specifies the allegations the party intends to assert.\u201d). The\nEastern District of New York does not have a similar requirement.\n\n\n 4\n\fCase 1:25-cv-07167-HG Document 17 Filed 03/23/26 Page 6 of 8 PageID #: 184\n\n\n\n\n Robert V. Prongay\n Charles H. Linehan\n Pavithra Rajesh\n 1925 Century Park East, Suite 2100\n Los Angeles, CA 90067\n Telephone: (310) 201-9150\n Facsimile: (310) 201-9160\n\n Counsel for Shaji Nelson and Proposed Lead\n Counsel for the Class\n\n\n\n\n 5\n\fCase 1:25-cv-07167-HG Document 17 Filed 03/23/26 Page 7 of 8 PageID #: 185\n\n\n\n\n CERTIFICATE OF COMPLIANCE\n\n The undersigned counsel for Shaji Nelson certifies that this brief contains 1,223 words,\n\nwhich complies with the word limit of L.R. 7.1(c).\n\n\n /s/ Gregory B. Linkh\n Gregory B. Linkh\n\fCase 1:25-cv-07167-HG Document 17 Filed 03/23/26 Page 8 of 8 PageID #: 186\n\n\n\n\n PROOF OF SERVICE\n\n I, the undersigned say:\n\n I am not a party to the above case and am over eighteen years old.\n\n On March 23, 2026, I served true and correct copies of the foregoing document, by\n\nposting the document electronically to the ECF website of the United States District Court for\n\nthe Eastern District of New York, for receipt electronically by the parties listed on the Court\u2019s\n\nService List.\n\n I affirm under penalty of perjury under the laws of the United States of America that the\n\nforegoing is true and correct. Executed on March 23, 2026, at Brooklyn, New York.\n\n /s/ Gregory B. Linkh\n Gregory B. Linkh\n\f","ocr_status":1,"date_upload":"2026-05-18T09:15:08.067412-07:00","document_number":"17","attachment_number":null,"pacer_doc_id":"123023555410","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Reply in Support","acms_document_guid":""}],"date_created":"2026-03-23T19:14:16.772827-07:00","date_modified":"2026-05-06T18:05:58.068771-07:00","date_filed":"2026-03-23","time_filed":"22:00:22","entry_number":17,"recap_sequence_number":"2026-03-23.002","pacer_sequence_number":74,"description":"REPLY in Support re 10 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Shaji Nelson. (Linkh, Gregory) (Entered: 03/23/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/458283515/","id":458283515,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/473282887/","id":473282887,"tags":[],"absolute_url":"/docket/72093987/18/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-03-23T19:14:16.529761-07:00","date_modified":"2026-05-22T04:04:52.222374-07:00","sha1":"b0541eb14ff923bab60d06d78f244a5cf217dcfc","page_count":3,"file_size":108209,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.18.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.18.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:25-cv-07167-HG Document 18 Filed 03/23/26 Page 1 of 3 PageID #: 187\n\n\n\n\n UNITED STATES DISTRICT COURT\n EASTERN DISTRICT OF NEW YORK\n\nJEREMY VANDERSLUIS, Individually Case No. 1:25-cv-07167-HG\nand on behalf of all others similarly\nsituated,\n\n Plaintiff,\n\n v.\n\nAGILON HEALTH, INC., STEVEN SELL,\nand JEFFREY SCHWANEKE,\n\n Defendants.\n\n\n DECLARATION OF GREGORY B. LINKH IN SUPPORT OF SHAJI NELSON\u2019S\n REPLY MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION FOR\n APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL\n\fCase 1:25-cv-07167-HG Document 18 Filed 03/23/26 Page 2 of 3 PageID #: 188\n\n\n\n\nI, Gregory B. Linkh, hereby declare as follows:\n\n 1. I am an attorney with the law firm Glancy Prongay Wolke & Rotter LLP, counsel\n\nfor Lead Plaintiff Movant Shaji Nelson (\u201cNelson\u201d) and proposed Lead Counsel for the class in\n\nthe above-captioned action. I make this declaration in support of Shaji Nelson\u2019s Reply\n\nMemorandum of Law in Support of His Motion for Appointment as Lead Plaintiff and Approval\n\nof Lead Counsel. I have personal knowledge of the matters stated herein and, if called upon, I\n\ncould and would competently testify thereto.\n\n 2. Attached hereto as Exhibit 1 is a true and correct copy of Shaji Nelson\u2019s Revised\n\nSigned PSLRA Certification, dated March 20, 2026.\n\n I declare under penalty of perjury under the laws of the United States of America that the\n\nforegoing facts are true and correct. Executed this 23rd day of March 2026.\n\n /s/ Gregory B. Linkh\n Gregory B. Linkh\n\n\n\n\n 1\n\fCase 1:25-cv-07167-HG Document 18 Filed 03/23/26 Page 3 of 3 PageID #: 189\n\n\n\n\n PROOF OF SERVICE\n\n I, the undersigned say:\n\n I am not a party to the above case and am over eighteen years old.\n\n On March 23, 2026, I served true and correct copies of the foregoing document, by\n\nposting the document electronically to the ECF website of the United States District Court for\n\nthe Eastern District of New York, for receipt electronically by the parties listed on the Court\u2019s\n\nService List.\n\n I affirm under penalty of perjury under the laws of the United States of America that the\n\nforegoing is true and correct. Executed on March 23, 2026, at Brooklyn, New York.\n\n /s/ Gregory B. Linkh\n Gregory B. Linkh\n\n\n\n\n 2\n\f","ocr_status":2,"date_upload":"2026-05-18T09:15:07.609170-07:00","document_number":"18","attachment_number":null,"pacer_doc_id":"123023555416","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Declaration","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/479560310/","id":479560310,"tags":[],"absolute_url":"/docket/72093987/18/1/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-05-18T09:15:06.970469-07:00","date_modified":"2026-05-22T04:12:14.778790-07:00","sha1":"21f86bada043a1e38b59d7dbc841c297cb759296","page_count":3,"file_size":248683,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.18.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.18.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:25-cv-07167-HG Document18-1_ Filed 03/23/26 Page 1 of 3 PagelD #: 190\n\nEXHIBIT |\n\fCase 1:25-cv-07167-HG Document18-1 Filed 03/23/26 Page 2 of 3 PagelD #: 191\n\nSWORN CERTIFICATION\nAGILON HEALTH, INC. (AGL) SECURITIES LITIGATION\n\nI, Shaji Nelson, certify that:\n\n1.\n\nI have reviewed the Complaint, adopt its allegations, and authorized the filing of a\nlead plaintiff motion on my behalf.\n\nI did not purchase the agilon health, inc. securities that are the subject of this\naction at the direction of plaintiff's counsel or in order to participate in any private\naction arising under the federal securities laws.\n\nI am willing to serve as a representative party on behalf of a class and will testify\nat deposition and trial, if necessary.\n\nMy transactions in agilon health, inc. securities during the period set forth in the\nComplaint are as follows:\n\n(See attached transactions)\n\nI have not sought to serve, nor served, as a representative party on behalf of a\nclass in any action under the federal securities laws (15 U.S. Code, Chapter 2B;\nand 15 U.S. Code, Chapter 2A, Subchapter I) during the last three years, except\nfor the following:\n\nNelson v. Maravai Lifesciences Holdings, Inc., Case No. 3:25-cv-00499 (SD Cal.)\n\nI will not accept any payment for serving as a representative party, except to\nreceive my pro rata share of any recovery or as ordered or approved by the court,\nincluding the award to a representative plaintiff of reasonable costs and expenses\n(including lost wages) directly relating to the representation of the class.\n\nI declare under penalty of perjury under the laws of the United States of America that the\nforegoing is true and correct.\n\n3/20/2026 Slayi ML sow.\n\nDate Shaji Nelson\n\fCase 1:25-cv-07167-HG Document18-1 Filed 03/23/26 Page 3 of 3 PagelD #: 192\n\nShaji Nelson's Transactions in agilon health, inc. (AGL)\n\n| Date Transaction Type Quantity Unit Price |\n5/13/2025 Bought 2,000 $2.6592\n5/16/2025 Bought 170 $2.4989\n5/28/2025 Bought 1,000 $2.3088\n6/9/2025 Bought 1,000 $2.3000\n6/9/2025 Bought 1,000 $2.2600\n\n6/30/2025 Bought 350 $2.3392\n","ocr_status":1,"date_upload":"2026-05-18T09:15:12.209004-07:00","document_number":"18","attachment_number":1,"pacer_doc_id":"123023555417","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit 1 - Revised PSLRA Certification","acms_document_guid":""}],"date_created":"2026-03-23T19:14:16.496271-07:00","date_modified":"2026-05-06T18:05:58.115462-07:00","date_filed":"2026-03-23","time_filed":"22:03:20","entry_number":18,"recap_sequence_number":"2026-03-23.003","pacer_sequence_number":77,"description":"DECLARATION re 17 Reply in Support by Shaji Nelson (Attachments: # 1 Exhibit 1 - Revised PSLRA Certification) (Linkh, Gregory) (Entered: 03/23/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/457637088/","id":457637088,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/472624209/","id":472624209,"tags":[],"absolute_url":"","date_created":"2026-03-18T10:03:14.610181-07:00","date_modified":"2026-05-06T18:05:57.888305-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2026-03-18T10:03:14.597530-07:00","date_modified":"2026-05-06T18:05:57.868282-07:00","date_filed":"2026-03-06","time_filed":null,"entry_number":null,"recap_sequence_number":"2026-03-06.001","pacer_sequence_number":null,"description":"ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney Courtney E. Quirs is granted permission to appear pro hac vice on behalf of Plaintiff. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Hector Gonzalez on 3/6/2026. (CBF)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/457637080/","id":457637080,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/472624201/","id":472624201,"tags":[],"absolute_url":"","date_created":"2026-03-18T10:03:14.131577-07:00","date_modified":"2026-05-06T18:05:56.921246-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2026-03-18T10:03:14.113679-07:00","date_modified":"2026-05-06T18:05:56.898835-07:00","date_filed":"2026-01-22","time_filed":null,"entry_number":null,"recap_sequence_number":"2026-01-22.001","pacer_sequence_number":null,"description":"ORDER: The Court so-orders the parties' stipulation and proposed scheduling order. ECF No. 8 at 3-6. Pursuant to 15 U.S.C. \u00a7 78u-4(a)(3)(A), any shareholder of Defendant agilon health, inc. shall move for appointment as lead plaintiff on or before March 2, 2026. Ordered by Judge Hector Gonzalez on 1/22/2026. (PN)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/457372910/","id":457372910,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/472355856/","id":472355856,"tags":[],"absolute_url":"/docket/72093987/15/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-03-16T19:11:38.994359-07:00","date_modified":"2026-05-22T04:19:08.529751-07:00","sha1":"5ab3ff441ac97231a4eef2ac1505c32ed69dde1e","page_count":10,"file_size":235786,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.15.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.15.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":"2026-05-18T09:15:09.105068-07:00","document_number":"15","attachment_number":null,"pacer_doc_id":"123023528992","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Memorandum in Opposition","acms_document_guid":""}],"date_created":"2026-03-16T19:11:38.965363-07:00","date_modified":"2026-05-06T18:05:57.964181-07:00","date_filed":"2026-03-16","time_filed":"22:09:20","entry_number":15,"recap_sequence_number":"2026-03-16.002","pacer_sequence_number":68,"description":"MEMORANDUM in Opposition re 9 MOTION to Appoint Counsel and Lead Plaintiff of HR & SONS LLC filed by Shaji Nelson. (Linkh, Gregory) (Entered: 03/16/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/457372307/","id":457372307,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/472355161/","id":472355161,"tags":[],"absolute_url":"/docket/72093987/14/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-03-16T19:00:30.847337-07:00","date_modified":"2026-05-22T04:14:43.004035-07:00","sha1":"55e37dc78f4f8c2c9af6a6a5637071b497fc3426","page_count":8,"file_size":191637,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.14.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.14.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:25-cv-07167-HG Document 14 Filed 03/16/26 Page 1 of 8 PageID #: 153\n\n\n\n\nTHE ROSEN LAW FIRM, P.A.\nPhillip Kim, Esq.\nLaurence M. Rosen, Esq.\n275 Madison Avenue, 40th Floor\nNew York, New York 10016\nTelephone: (212) 686-1060\nFax: (212) 202-3827\nEmail: philkim@rosenlegal.com\nEmail: lrosen@rosenlegal.com\n\nCounsel for Movant and\n[Proposed] Lead Counsel for the Class\n\n UNITED STATES DISTRICT COURT\n EASTERN DISTRICT OF NEW YORK\n\n\nJEREMY VANDERSLUIS, Individually and CASE No.: 1:25-cv-07167-HG\non behalf of all others similarly situated,\n OPPOSITION OF HR & SONS LLC TO\n Plaintiff, COMPETING LEAD PLAINTIFF MOTION\n\n v.\n\nAGILON HEALTH, INC., STEVEN SELL, CLASS ACTION\nand JEFFREY SCHWANEKE,\n\n Defendants.\n\n\n PRELIMINARY STATEMENT\n\n Before the Court are two competing lead plaintiff motions. Of the competing movants,\n\nHR & Sons LLC (\u201cHRS\u201d) has the largest financial interest with $33,146.66 in losses. Competing\n\nmovant Shaji Nelson (\u201cMr. Nelson\u201d) claims a fraction of HRS\u2019s losses. Because HRS has the\n\nlargest financial interest in this action and also prima facie satisfies the adequacy and typicality\n\nrequirements of Rule 23 of the Federal Rules of Civil Procedure, the PSLRA provides that HRS\n\nis presumed to be the \u201cmost adequate plaintiff\u201d and, therefore, should be appointed lead plaintiff\n\non behalf of the putative class. See 15 U.S.C. \u00a7 78u-4(a)(3)(B)(iii)(I).\n\n\n\n\n 1\n\fCase 1:25-cv-07167-HG Document 14 Filed 03/16/26 Page 2 of 8 PageID #: 154\n\n\n\n\n ARGUMENT\n\nI. HRS SHOULD BE APPOINTED LEAD PLAINTIFF\n\n The PSLRA provides that there is a \u201crebuttable presumption . . . that the most adequate\n\nplaintiff . . . is the person or group of persons . . . that . . . has the largest financial interest in the\n\nrelief sought by the class.\u201d See 15 U.S.C.\u00a7 78u-4(a)(3)(B)(iii)(I). Here, HRS suffered the largest\n\nloss of any movant, the factor that Courts across the country recognize as the most significant\n\nfactor to be considered. See e.g., Foley v. Transocean Ltd., 272 F.R.D. 126, 128 (S.D.N.Y. 2011)\n\n(\u201c[W]e, as have other courts, shall place the most emphasis on the last of the four factors: the\n\napproximate loss suffered by the movant.\u201d); In re Comverse Tech., Inc. Sec. Litig., No. 06-CV-\n\n1825 NGG RER, 2007 WL 680779, at *3 (E.D.N.Y. Mar. 2, 2007), adhered to on\n\nreconsideration, No. 06-CV-1825 NGG RER, 2008 WL 820015 (E.D.N.Y. Mar. 25, 2008)\n\n(recognizing that most courts consider \u201cthe approximate loss a plaintiff suffered during the class\n\nperiod, to be most influential in identifying the plaintiff with the largest financial interest.\u201d); In\n\nre Vicuron Pharms., Inc. Sec. Litig., 225 F.R.D. 508, 511 (E.D. Pa. 2005) (finding the amount of\n\nthe financial loss \u201cthe most significant\u201d factor); Takara Trust v. Molex, Inc., 229 F.R.D. 577, 579\n\n(N.D. Ill. 2005) (\u201cmost courts simply determine which potential lead plaintiff has suffered the\n\ngreatest total losses.\u201d).\n\n Indeed, HRS has the largest financial interest of the lead plaintiff movants:\n\n Movant Loss\n\n1. HR & Sons LLC $33,146.66\n\n2. Shaji Nelson $7,513.96\n\n\n Moreover, as set forth in the opening papers, HRS, through its co-owner and manager\n\nHamid Ahmed (\u201cMr. Ahmed\u201d), made a prima facie showing of its adequacy and typicality. HRS\n\n\n\n 2\n\fCase 1:25-cv-07167-HG Document 14 Filed 03/16/26 Page 3 of 8 PageID #: 155\n\n\n\n\nhas communicated with competent, experienced counsel concerning this case, and made this\n\nmotion to be appointed as Lead Plaintiff. HRS\u2019s claims are typical of other class members\n\nbecause its claims arise from the same legal theories and same nucleus of fact. HRS\u2019s interests\n\nare aligned with other class members\u2019 interests as it has the same incentive to prove Defendants\u2019\n\nfraud. There are no conflicts of interest between HRS and absent class members. See Opening\n\nBr. at 4-6. (Dkt. No. 12).\n\n In short, because HRS has the largest financial interest and satisfies the typicality and\n\nadequacy requirements of Rule 23, it is the presumptive lead plaintiff. HRS should be appointed\n\nlead plaintiff and its selection of Lead Counsel should be approved.\n\nII. THE PRESUMPTION IN FAVOR OF HRS HAS NOT BEEN REBUTTED\n\n To overcome the strong presumption entitling HRS to be appointed Lead Plaintiff, the\n\nPSLRA requires \u201cproof\u201d that the presumptive Lead Plaintiff is inadequate. 15 U.S.C. \u00a7 78u-\n\n4(a)(3)(B)(iii)(II) (emphasis added). No such proof exists in this case and any arguments to the\n\ncontrary should be flatly rejected. Competing movant may attempt to conjure up speculative\n\narguments to rebut the powerful presumption in favor of HRS. Any such speculative challenge\n\ndoes not satisfy the PSLRA\u2019s requirement that the presumptively most adequate plaintiff may\n\nonly be rejected if a rival movant presents \u201cproof\u201d that the presumptive lead plaintiff, here HRS,\n\nwill not adequately represent the class. 15 U.S.C. \u00a7 78u-4(a)(3)(B)(iii)(II); see also Constance\n\nSczesny Trust v. KPMG LLP, 223 F.R.D. 319, 324 (S.D.N.Y. 2004) (\u201c[C]onclusory assertions of\n\ninadequacy are, however, insufficient to rebut the statutory presumption under the PSLRA\n\nwithout specific support in evidence \u2026.\u201d); Strougo v. Brantley Capital Corp., 243 F.R.D. 100,\n\n105 (S.D.N.Y. 2007) (\u201cSpeculation and conjecture from one interested party is not enough to\n\nprove a nefarious collaboration[.]\u201d; Labul, v. XPO Logistics, Inc., No. 3:18-CV-2062 (VLB),\n\n\n\n\n 3\n\fCase 1:25-cv-07167-HG Document 14 Filed 03/16/26 Page 4 of 8 PageID #: 156\n\n\n\n\n2019 WL 1450271, at *9 (D. Conn. Apr. 2, 2019) (\u201cProof of inadequacy, and not\n\nmerely speculation, is required to rebut the presumption of most adequate plaintiff.\u201d).\n\n Moreover, although the Court may compare putative lead plaintiffs\u2019 losses when\n\nassessing financial stake, once the statutory presumption has attached, it cannot be rebutted\n\nthrough relative comparison as to adequacy or typicality. In re Cavanaugh, 306 F.3d 726, 732\n\n(9th Cir. 2002); see also Sofran v. LaBranche & Co., 220 F.R.D. 398, 402 (S.D.N.Y. 2004)\n\n(\u201cThat the district court believes another plaintiff may be \u2018more typical\u2019 or \u2018more adequate\u2019 is of\n\nno consequence. So long as the plaintiff with the largest losses satisfies the typicality and\n\nadequacy requirement, he is entitled to lead plaintiff status, even if the district court is convinced\n\nthat some other plaintiff would do a better job.\u201d).\n\n As HRS has the largest financial interest and has made a prima facie demonstration of\n\ntypicality and adequacy, and no movant has rebutted the presumption with proof, HRS must be\n\nappointed Lead Plaintiff.\n\nIII. HRS\u2019S SELECTION OF COUNSEL SHOULD BE APPROVED\n\n The PSLRA vests authority in the Lead Plaintiff to select and retain lead counsel, subject\n\nto the approval of the Court. See 15 U.S.C. \u00a7 78u-4(a)(3)(B)(v). The Court should interfere with\n\nLead Plaintiff\u2019s selection only when necessary \u201cto protect the interests of the class.\u201d 15 U.S.C. \u00a7\n\n78u-4(a)(3)(B)(iii)(II)(aa); see also In re Molson Coors Brewing Co. Sec. Litig., 233 F.R.D. 147,\n\n150 (D. Del. 2005) (the Lead Plaintiff \u201cis primarily responsible for selecting lead counsel.\u201d).\n\n HRS has selected The Rosen Law Firm, P.A. as Lead Counsel. The firm has the\n\nresources and expertise to litigate this action efficiently and aggressively. As the firm\u2019s resume\n\nreflects, it is highly experienced in the area of securities litigation and class actions and has\n\nsuccessfully prosecuted numerous securities litigations and securities fraud class actions on\n\n\n\n\n 4\n\fCase 1:25-cv-07167-HG Document 14 Filed 03/16/26 Page 5 of 8 PageID #: 157\n\n\n\n\nbehalf of investors (Dkt. No. 12-4). Thus, the Court may be assured that by approving HRS\u2019s\n\nselection of counsel, the members of the class will receive excellent legal representation.\n\nIV. THE COMPETING MOTION SHOULD BE DENIED\n\n The competing motion should be denied as HRS has the greatest financial interest in the\n\nlitigation and should therefore be appointed lead plaintiff without further analyses. However,\n\nthere are some facts that bear mentioning.\n\n As stated in Mr. Nelson\u2019s opening papers, he resides in the United Arab Emirates. Dkt.\n\nNo. 11, at 8. In his certification, Mr. Nelson declared \u201cunder penalty of perjury that the\n\nforegoing are true and correct statements.\u201d Dkt. No. 13-2. Because the certification was signed\n\noutside of the U.S., it should have been signed \u201cunder the penalty of perjury under the laws of\n\nthe United States of America.\u201d 28 U.S.C.A. \u00a7 1746(1). That the certification lacks the clause\n\n\u201cunder the laws of the United States of America\u201d renders the certification defective. Nasin v.\n\nHongli Clean Energy Techs. Corp., 2017 WL 5598214, at *3 (D.N.J. Nov. 21, 2017) (Court\n\nrefusing to appoint lead plaintiff that did not have proper \u201cunder penalty of perjury\u201d language).\n\nDue to his defective certification, Mr. Nelson is subject to a unique defense, rendering him\n\nincapable of adequately representing the class. Id.\n\n CONCLUSION\n\n For the foregoing reasons, HRS respectfully requests the Court issue an Order: (1)\n\nappointing HRS as Lead Plaintiff of the Class; (2) approving HRS\u2019s selection of The Rosen Law\n\nFirm, P.A. as Lead Counsel; and (3) granting such other relief as the Court may deem to be just\n\nand proper.\n\n\n\nDated: March 16, 2026 Respectfully submitted,\n\n THE ROSEN LAW FIRM, P.A.\n\n\n 5\n\fCase 1:25-cv-07167-HG Document 14 Filed 03/16/26 Page 6 of 8 PageID #: 158\n\n\n\n\n /s/ Phillip Kim\n Phillip Kim, Esq. (PK 9384)\n Laurence M. Rosen, Esq. (LR 5733)\n 275 Madison Avenue, 40th Floor\n New York, New York 10016\n Telephone: (212) 686-1060\n Fax: (212) 202-3827\n Email: philkim@rosenlegal.com\n Email: lrosen@rosenlegal.com\n\n Counsel for Movant and\n [Proposed] Lead Counsel for the Class\n\n THE SCHALL LAW FIRM\n Brian Schall, Esq.\n 2049 Century Park East, Suite 2460\n Los Angeles, CA 90067\n Phone: (310) 301-3335\n Fax: (877) 590-0483\n Email: brian@schallfirm.com\n\n Additional counsel\n\n\n\n\n 6\n\fCase 1:25-cv-07167-HG Document 14 Filed 03/16/26 Page 7 of 8 PageID #: 159\n\n\n\n\n CERTIFICATE OF COMPLIANCE\n\n The undersigned counsel certifies that this brief complies with the word count limit set\nforth in Local Civil Rule 7.1(c). According to the word count feature of the word-processing\nsystem used to prepare this brief, the document contains 1,267 words. Further, this brief\ncomplies with Your Honor\u2019s Individual Practices Rule IV.B.2, which, among other things, limits\nmemoranda of law in opposition to a motion to 25 double-spaced pages.\n\n /s/ Phillip Kim\n\n\n\n\n 7\n\fCase 1:25-cv-07167-HG Document 14 Filed 03/16/26 Page 8 of 8 PageID #: 160\n\n\n\n\n CERTIFICATE OF SERVICE\n\n I hereby certify that on March 16, 2026, a true and correct copy of the foregoing\ndocument was served by CM/ECF to the parties registered to the Court\u2019s CM/ECF system.\n\n /s/Phillip Kim\n\n\n\n\n 8\n\f","ocr_status":1,"date_upload":"2026-05-18T09:15:09.906621-07:00","document_number":"14","attachment_number":null,"pacer_doc_id":"123023528978","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Response in Opposition to Motion","acms_document_guid":""}],"date_created":"2026-03-16T19:00:30.818577-07:00","date_modified":"2026-05-06T18:05:57.902668-07:00","date_filed":"2026-03-16","time_filed":"21:57:54","entry_number":14,"recap_sequence_number":"2026-03-16.001","pacer_sequence_number":65,"description":"RESPONSE in Opposition re 10 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by HR & Sons LLC. (Kim, Phillip) (Entered: 03/16/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/456196538/","id":456196538,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/471156293/","id":471156293,"tags":[],"absolute_url":"","date_created":"2026-03-06T15:45:13.808341-08:00","date_modified":"2026-03-06T15:45:13.824019-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion for Leave to Appear Pro Hac Vice","acms_document_guid":""}],"date_created":"2026-03-06T15:45:13.787909-08:00","date_modified":"2026-03-06T15:45:13.787930-08:00","date_filed":"2026-03-06","time_filed":"18:32:55","entry_number":null,"recap_sequence_number":"2026-03-06.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/455601381/","id":455601381,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/470548944/","id":470548944,"tags":[],"absolute_url":"/docket/72093987/9/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-03-02T19:20:27.902193-08:00","date_modified":"2026-05-22T03:56:13.263929-07:00","sha1":"06803a13a7a17546f7c03fd486f17d9da64771a6","page_count":4,"file_size":167202,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.9.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.9.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 1:25-cv-07167-HG Document 9 Filed 03/02/26 Page 1 of 4 PageID #: 45\n\n\n\n\nTHE ROSEN LAW FIRM, P.A.\nPhillip Kim, Esq.\nLaurence M. Rosen, Esq.\n275 Madison Avenue, 40th Floor\nNew York, New York 10016\nTelephone: (212) 686-1060\nFax: (212) 202-3827\nEmail: philkim@rosenlegal.com\nEmail: lrosen@rosenlegal.com\n\nCounsel for Movant and\n[Proposed] Lead Counsel for the Class\n\n UNITED STATES DISTRICT COURT\n EASTERN DISTRICT OF NEW YORK\n\n\nJEREMY VANDERSLUIS, Individually and CASE No.: 1:25-cv-07167-HG\nOn Behalf of All Others Similarly Situated,\n NOTICE OF MOTION OF HR & SONS\n Plaintiff, LLC TO APPOINT LEAD PLAINTIFF\n AND APPROVE LEAD PLAINTIFF\u2019S\n v. SELECTION OF COUNSEL\n\nAGILON HEALTH, INC., STEVEN SELL, CLASS ACTION\nand JEFFREY SCHWANEKE,\n\n Defendants.\n\n\n\n PLEASE TAKE NOTICE that pursuant to Section 21D of the Securities Exchange Act\n\nof 1934 (the \u201cExchange Act\u201d), 15 U.S.C. \u00a7 78u-4(a)(3)(B), as amended by the Private Securities\n\nLitigation Reform Act of 1995 (the \u201cPSLRA\u201d), movant HR & Sons LLC (\u201cMovant\u201d) hereby\n\nmoves this Court, the Honorable Hector Gonzalez, United States District Judge, on a date and at\n\na time to be designated by the Court, for an order:\n\n (a) appointing Movant to serve as Lead Plaintiff in this action; and\n\n (b) approving Movant\u2019s selection of The Rosen Law Firm, P.A. as Lead\n\n Counsel for the Class.\n\n\n\n 1\n\f Case 1:25-cv-07167-HG Document 9 Filed 03/02/26 Page 2 of 4 PageID #: 46\n\n\n\n\n In support of this Motion, Movant submits: (i) the Memorandum of Law dated March 2,\n\n2026 (and exhibits); and (ii) a [Proposed] Order Appointing Lead Plaintiff and Approving Lead\n\nPlaintiff\u2019s Selection of Counsel.\n\n Movant is aware of Your Honor\u2019s Individual Practices Rule IV.A., which requires a pre-\n\nmotion letter prior to filing any motions. Due to the PSLRA\u2019s lead plaintiff procedure, however,\n\nMovant does not yet know which other entities or persons plan to move for appointment as lead\n\nplaintiff until after all the movants have filed their respective motions. As such, Movant\n\nrespectfully requests that the pre-motion letter requirement be waived. Furthermore, as the filing\n\nof the lead plaintiff motion is statutorily mandated by the PSLRA\u2019s 60-day time limit, Movant\n\nrespectfully requests Rule IV.A be waived because waiting to file until the pre-motion letter\n\nprocedure is complete could result in the loss of a right pursuant to Your Honor\u2019s Individual\n\nPractices Rule IV.A.11. The filing of the lead plaintiff motion will give notice to the other lead\n\nplaintiff movants, whose identities Movant cannot know at this time and therefore cannot serve,\n\nthat other class members have moved for lead plaintiff appointment.\n\nDated: March 2, 2026 Respectfully submitted,\n\n THE ROSEN LAW FIRM, P.A.\n\n /s/ Phillip Kim\n Phillip Kim, Esq.\n Laurence M. Rosen, Esq.\n 275 Madison Avenue, 40th Floor\n New York, New York 10016\n Telephone: (212) 686-1060\n Fax: (212) 202-3827\n Email: philkim@rosenlegal.com\n Email: lrosen@rosenlegal.com\n\n Counsel for Movant and\n [Proposed] Lead Counsel for the Class\n\n THE SCHALL LAW FIRM\n\n\n\n 2\n\fCase 1:25-cv-07167-HG Document 9 Filed 03/02/26 Page 3 of 4 PageID #: 47\n\n\n\n\n Brian Schall, Esq.\n 2049 Century Park East, Suite 2460\n Los Angeles, CA 90067\n Phone: (310) 301-3335\n Fax: (877) 590-0483\n Email: brian@schallfirm.com\n\n Additional Counsel\n\n\n\n\n 3\n\f Case 1:25-cv-07167-HG Document 9 Filed 03/02/26 Page 4 of 4 PageID #: 48\n\n\n\n\n CERTIFICATE OF SERVICE\n\n I hereby certify that on March 2, 2026, a true and correct copy of the foregoing document\nwas served by CM/ECF to the parties registered to the Court\u2019s CM/ECF system.\n\n /s/Phillip Kim\n\n\n\n\n 4\n\f","ocr_status":1,"date_upload":"2026-05-18T09:15:20.200948-07:00","document_number":"9","attachment_number":null,"pacer_doc_id":"123023477782","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Appoint Counsel","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/479560320/","id":479560320,"tags":[],"absolute_url":"/docket/72093987/9/1/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-05-18T09:15:20.643348-07:00","date_modified":"2026-05-22T04:19:14.486686-07:00","sha1":"9e7e7489fbed563c819328d0105e0c7fafa95435","page_count":2,"file_size":155744,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.9.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.9.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:25-cv-07167-HG Document 9-1 Filed 03/02/26 Page 1 of 2 PageID #: 49\n\n\n\n\n UNITED STATES DISTRICT COURT\n EASTERN DISTRICT OF NEW YORK\n\n\nJEREMY VANDERSLUIS, Individually and CASE No.: 1:25-cv-07167-HG\nOn Behalf of All Others Similarly Situated,\n [PROPOSED] ORDER APPOINTING\n Plaintiff, LEAD PLAINTIFF AND\n APPROVING LEAD PLAINTIFF\u2019S\n v. SELECTION OF COUNSEL\n\nAGILON HEALTH, INC., STEVEN SELL, CLASS ACTION\nand JEFFREY SCHWANEKE,\n\n Defendants.\n\n\n\n WHEREAS, the above-captioned securities class action has been filed against\n\nDefendants agilon health, inc., Steven Sell, and Jeffrey Schwaneke alleging violations of the\n\nfederal securities laws;\n\n WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995\n\n(\u201cPSLRA\u201d), 15 U.S.C. \u00a7 78u-4(a)(3)(A)(i), on December 31, 2025, a notice was issued to\n\npotential class members of the action informing them of their right to move to serve as lead\n\nplaintiff within 60 days of the date of the issuance of said notice;\n\n WHEREAS, on March 2, 2026, Movant HR & Sons LLC (\u201cMovant\u201d) moved the Court to\n\nappoint Movant as Lead Plaintiff, and to approve Movant\u2019s selection of The Rosen Law Firm,\n\nP.A. as Lead Counsel for the Class;\n\n WHEREAS, the PSLRA provides, inter alia, that the most-adequate plaintiff to serve as\n\nlead plaintiff is the person or group of persons that has either filed a complaint or has made a\n\nmotion in response to a notice and has the largest financial interest in the relief sought by the\n\nClass and satisfies the requirements of Fed. R. Civ. P. 23; and\n\n\n\n 1\n\fCase 1:25-cv-07167-HG Document 9-1 Filed 03/02/26 Page 2 of 2 PageID #: 50\n\n\n\n\n WHEREAS, the Court finding that Movant has the largest financial interest in this action\n\nand prima facie satisfies the typicality and adequacy requirements of Fed. R. Civ. P. 23. See\n\nU.S.C. \u00a7 78u-4(a)(3)(B)(iii)(I).\n\n IT IS HEREBY ORDERED THAT:\n\n APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL\n\n 1. Pursuant to Section 21D(a)(3)(B) of the Exchange Act, Movant is appointed as\n\nLead Plaintiff for the class as it has the largest financial interest in this litigation and otherwise\n\nsatisfies the requirements of Fed. R. Civ. P. 23.\n\n 2. Movant\u2019s choice of counsel is approved and accordingly, The Rosen Law Firm,\n\nP.A. is appointed as Lead Counsel for the Class.\n\n 3. Lead Counsel, after being appointed by the Court, shall manage the prosecution of\n\nthis litigation. Lead Counsel is to avoid duplicative or unproductive activities and are hereby vested\n\nby the Court with the responsibilities that include, without limitation, the following: (1) to prepare\n\nall pleadings; (2) to direct and coordinate the briefing and arguing of motions in accordance with\n\nthe schedules set by the orders and rules of this Court; (3) to initiate and direct discovery; (4) to\n\nprepare the case for trial; and (5) to engage in settlement negotiations on behalf of Lead Plaintiff\n\nand the Class.\n\n\n\n SO ORDERED:\n\n\nDated: __________________\n HONORABLE HECTOR GONZALEZ\n UNITED STATES DISTRICT JUDGE\n\n\n\n\n 2\n\f","ocr_status":2,"date_upload":"2026-05-18T09:15:23.927892-07:00","document_number":"9","attachment_number":1,"pacer_doc_id":"123023477783","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Proposed Order","acms_document_guid":""}],"date_created":"2026-03-02T19:20:27.877891-08:00","date_modified":"2026-05-06T18:05:56.972332-07:00","date_filed":"2026-03-02","time_filed":"22:10:48","entry_number":9,"recap_sequence_number":"2026-03-02.001","pacer_sequence_number":46,"description":"MOTION to Appoint Counsel and Lead Plaintiff by HR & Sons LLC. (Attachments: # 1 Proposed Order) (Kim, Phillip) (Entered: 03/02/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/455601366/","id":455601366,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/470548929/","id":470548929,"tags":[],"absolute_url":"/docket/72093987/10/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-03-02T19:20:27.475417-08:00","date_modified":"2026-05-22T04:24:53.229719-07:00","sha1":"6e6bac5cb96dab4eede91e97ed075f5c06a0958b","page_count":4,"file_size":97484,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.10.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.10.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:25-cv-07167-HG Document 10 Filed 03/02/26 Page 1 of 4 PageID #: 51\n\n\n\n\n UNITED STATES DISTRICT COURT\n EASTERN DISTRICT OF NEW YORK\n\nJEREMY VANDERSLUIS, Individually Case No. 1:25-cv-07167-HG\nand on behalf of all others similarly\nsituated,\n\n Plaintiff,\n\n v.\n\nAGILON HEALTH, INC., STEVEN SELL,\nand JEFFREY SCHWANEKE,\n\n Defendants.\n\n\nNOTICE OF SHAJI NELSON\u2019S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF\n AND APPROVAL OF LEAD COUNSEL\n\fCase 1:25-cv-07167-HG Document 10 Filed 03/02/26 Page 2 of 4 PageID #: 52\n\n\n\n\n TO THE CLERK OF THE COURT, ALL PARTIES, AND THEIR RESPECTIVE\n\nATTORNEYS OF RECORD:\n\n PLEASE TAKE NOTICE that Shaji Nelson (\u201cNelson\u201d) moves this Court for an order:\n\n(1) appointing Nelson as Lead Plaintiff pursuant to Section 21D(a)(3)(B) of the Securities\n\nExchange Act of 1934 (\u201cExchange Act\u201d), 15 U.S.C. \u00a7 78u-4(a)(3)(B), as amended by the Private\n\nSecurities Litigation Reform Act of 1995 (the \u201cPSLRA\u201d); (2) approving Nelson\u2019s selection of\n\nGlancy Prongay Wolke & Rotter LLP as Lead Counsel for the class; and (3) granting such other\n\nrelief as the Court may deem to be just and proper (the \u201cMotion\u201d).\n\n Nelson seeks appointment as lead plaintiff and approval of his choice of counsel pursuant\n\nto the Exchange Act and the PSLRA. This motion is based on this notice, the attached\n\nmemorandum of law, the declaration of Gregory B. Linkh, and the Court\u2019s complete files and\n\nrecords in this action, as well as such further argument as the Court may allow at a hearing on\n\nthis motion.\n\n Respectfully submitted,\n\n\nDATED: March 2, 2026 GLANCY PRONGAY WOLKE &\n ROTTER LLP\n\n\n By: /s/ Gregory B. Linkh\n Gregory B. Linkh (GL-0477)\n 230 Park Ave., Suite 358\n New York, NY 10169\n Telephone: (212) 682-5340\n Facsimile: (212) 884-0988\n glinkh@glancylaw.com\n\n\n\n\n 1\n\fCase 1:25-cv-07167-HG Document 10 Filed 03/02/26 Page 3 of 4 PageID #: 53\n\n\n\n\n Robert V. Prongay\n Charles H. Linehan\n Pavithra Rajesh\n 1925 Century Park East, Suite 2100\n Los Angeles, CA 90067\n Telephone: (310) 201-9150\n Facsimile: (310) 201-9160\n\n Counsel for Shaji Nelson and Proposed Lead\n Counsel for the Class\n\n\n\n\n 2\n\fCase 1:25-cv-07167-HG Document 10 Filed 03/02/26 Page 4 of 4 PageID #: 54\n\n\n\n\n PROOF OF SERVICE\n\n I, the undersigned say:\n\n I am not a party to the above case and am over eighteen years old.\n\n On March 2, 2026, I served true and correct copies of the foregoing document, by\n\nposting the document electronically to the ECF website of the United States District Court for\n\nthe Eastern District of New York, for receipt electronically by the parties listed on the Court\u2019s\n\nService List.\n\n I affirm under penalty of perjury under the laws of the United States of America that the\n\nforegoing is true and correct. Executed on March 2, 2026, at Brooklyn, New York.\n\n /s/ Gregory B. Linkh\n Gregory B. Linkh\n\f","ocr_status":1,"date_upload":"2026-05-18T09:15:34.679596-07:00","document_number":"10","attachment_number":null,"pacer_doc_id":"123023477792","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Appoint Counsel","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/479560319/","id":479560319,"tags":[],"absolute_url":"/docket/72093987/10/1/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-05-18T09:15:18.538463-07:00","date_modified":"2026-05-22T04:29:35.401674-07:00","sha1":"4b8c285e12e24a8285bdd77d2d673f03e4834e40","page_count":2,"file_size":105797,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.10.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.10.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:25-cv-07167-HG Document 10-1 Filed 03/02/26 Page 1 of 2 PageID #: 55\n\n\n\n\n UNITED STATES DISTRICT COURT\n EASTERN DISTRICT OF NEW YORK\n\n JEREMY VANDERSLUIS, Individually Case No. 1:25-cv-07167-HG\n and on behalf of all others similarly\n situated,\n\n Plaintiff,\n\n v.\n\n AGILON HEALTH, INC., STEVEN SELL,\n and JEFFREY SCHWANEKE,\n\n Defendants.\n\n\n [PROPOSED] ORDER GRANTING SHAJI NELSON\u2019S MOTION FOR\n APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL\n\fCase 1:25-cv-07167-HG Document 10-1 Filed 03/02/26 Page 2 of 2 PageID #: 56\n\n\n\n\n Having considered Shaji Nelson\u2019s Motion for Appointment as Lead Plaintiff and\n\nApproval of Lead Counsel (the \u201cMotion\u201d), and good cause appearing therefor, the Court\n\nORDERS as follows:\n\n 1. The Motion is GRANTED;\n\n 2. The Court, having considered the provisions of the Private Securities Litigation\n\nReform Act of 1995, 15 U.S.C. \u00a7 78u-4(a)(3)(B), appoints Shaji Nelson as Lead Plaintiff; and\n\n 3. Pursuant to 15 U.S.C. \u00a7 78u-4(a)(3)(B)(v), the Court approves Lead Plaintiff\u2019s\n\nselection of Glancy Prongay Wolke & Rotter LLP as Lead Counsel for the class.\n\n\n\n IT IS SO ORDERED.\n\n\nDated: ______________________ ________________________________________\n HON. HECTOR GONZALEZ\n UNITED STATES DISTRICT JUDGE\n\n\n\n\n 1\n\f","ocr_status":2,"date_upload":"2026-05-18T09:15:21.940816-07:00","document_number":"10","attachment_number":1,"pacer_doc_id":"123023477793","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Proposed Order Granting Motion","acms_document_guid":""}],"date_created":"2026-03-02T19:20:27.445688-08:00","date_modified":"2026-05-06T18:05:57.219174-07:00","date_filed":"2026-03-02","time_filed":"22:14:06","entry_number":10,"recap_sequence_number":"2026-03-02.002","pacer_sequence_number":50,"description":"MOTION to Appoint Counsel and Appoint Lead Plaintiff by Shaji Nelson. (Attachments: # 1 Proposed Order Granting Motion) (Linkh, Gregory) (Entered: 03/02/2026)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/455601361/","id":455601361,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/72093987/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/470548924/","id":470548924,"tags":[],"absolute_url":"/docket/72093987/11/in-re-agilon-health-inc-2025-securities-litigation/","date_created":"2026-03-02T19:20:27.353931-08:00","date_modified":"2026-05-22T02:34:02.511709-07:00","sha1":"6990d79bc11101cdaca285b689e81e96517d880a","page_count":11,"file_size":143542,"filepath_local":"recap/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.11.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.nyed.540353/gov.uscourts.nyed.540353.11.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 1 of 11 PageID #: 57\n\n\n\n\n UNITED STATES DISTRICT COURT\n EASTERN DISTRICT OF NEW YORK\n\nJEREMY VANDERSLUIS, Individually Case No. 1:25-cv-07167-HG\nand on behalf of all others similarly\nsituated,\n\n Plaintiff,\n\n v.\n\nAGILON HEALTH, INC., STEVEN SELL,\nand JEFFREY SCHWANEKE,\n\n Defendants.\n\n\n MEMORANDUM OF LAW IN SUPPORT OF SHAJI NELSON\u2019S MOTION FOR\n APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL\n\n\n\n\n 1\n\fCase 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 2 of 11 PageID #: 58\n\n\n\n\n Shaji Nelson (\u201cNelson\u201d) submits this memorandum of law in support of his motion\n\npursuant to the Private Securities Litigation Reform Act of 1995, 15 U.S.C. \u00a7 78u-4, et seq. (the\n\n\u201cPSLRA\u201d) for an Order: (1) appointing Nelson as Lead Plaintiff under 15 U.S.C. \u00a7 78u-\n\n4(a)(3)(B); (2) approving Nelson\u2019s selection of Glancy Prongay Wolke & Rotter LLP (\u201cGPWR\u201d)\n\nas Lead Counsel pursuant to 15 U.S.C. \u00a7 78u-4(a)(3)(B)(v); and (3) granting such other relief as\n\nthe Court may deem to be just and proper (the \u201cMotion\u201d).\n\nI. PRELIMINARY STATEMENT\n\n This is a class action on behalf of all persons and entities who purchased or otherwise\n\nacquired publicly traded agilon health, inc. (\u201cagilon\u201d or the \u201cCompany\u201d) securities between\n\nFebruary 26, 2025 and August 4, 2025, both dates inclusive (the \u201cClass Period\u201d).\n\n The Private Securities Litigation Reform Act of 1995 (\u201cPSLRA\u201d) provides that the Court\n\nshall appoint the \u201cmost adequate plaintiff\u201d\u2014the plaintiff most capable of adequately\n\nrepresenting the interests of class members\u2014as lead plaintiff. See 15 U.S.C. \u00a7 78u-4(a)(3)(B).\n\nPursuant to the PSLRA, the plaintiff or movant with the largest financial interest in the relief\n\nsought by the class who otherwise satisfies the requirements of Rule 23 of the Federal Rules of\n\nCivil Procedure (\u201cRule 23\u201d) is presumed to be the most adequate plaintiff. This motion is made\n\non the grounds that Nelson is the \u201cmost adequate plaintiff\u201d as defined by the PSLRA.\n\n Nelson believes that he is the \u201cmost adequate plaintiff\u201d as defined by the PSLRA and\n\nshould be appointed as lead plaintiff based on his financial losses resulting from Defendants\u2019\n\nwrongful conduct as alleged in this action. In addition, for purposes of this motion, Nelson\n\nsatisfies the relevant requirements of Rule 23 of the Federal Rules of Civil Procedure, as his\n\nclaims are typical of other class members\u2019 claims and he is committed to fairly and adequately\n\nrepresenting the interests of the class. Thus, pursuant to the PSLRA\u2019s lead plaintiff provision,\n\n\n\n\n 2\n\fCase 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 3 of 11 PageID #: 59\n\n\n\n\nNelson respectfully submits that he is presumptively the most adequate plaintiff and should be\n\nappointed as lead plaintiff for the class.\n\n Additionally, Nelson\u2019s selection of GPWR as lead counsel for the class should be\n\napproved because the firm has substantial expertise in securities class actions, and the experience\n\nand resources to efficiently prosecute this action.\n\nII. FACTUAL BACKGROUND\n\n agilon is a healthcare company that partners with independent primary care physicians to\n\ndeliver value-based care for Medicare beneficiaries. The Company describes itself as the \u201ctrusted\n\npartner empowering physicians to transform health care in our communities.\u201d\n\n On August 4, 2025, agilon disclosed that its President, CEO, and Director of the Board\n\nwas departing the Company, and that his departure \u201cwas a termination without \u2018cause\u2019 under\n\n[his] employment agreement.\u201d That same day, agilon released its second quarter 2025 financial\n\nresults, missing estimates and further announcing that it was suspending its 2025 guidance due to\n\nthe leadership change \u201cas well as continued execution of ongoing initiatives and market\n\nuncertainty which may impact future results.\u201d\n\n On this news, agilon\u2019s stock price fell $0.93, or 51.5%, to close at $0.88 per share on\n\nAugust 5, 2025, thereby injuring investors.\n\n The complaint filed in this action alleges that, throughout the Class Period, the\n\nDefendants made materially false and/or misleading statements, as well as failed to disclose\n\nmaterial adverse facts about the Company\u2019s business, operations, and prospects. Specifically,\n\nDefendants failed to disclose to investors that: (1) Defendants recklessly issued guidance for\n\n2025 that they knew or should have known was not going to be achieved, given material industry\n\nheadwinds of which they were aware; (2) Defendants materially overstated the immediate\n\npositive financial impact from \"strategic actions\" taken by agilon to reduce risk; and (3) as a\n\n\n 3\n\fCase 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 4 of 11 PageID #: 60\n\n\n\n\nresult, Defendants\u2019 positive statements about the Company\u2019s business, operations, and prospects\n\nwere materially misleading and/or lacked a reasonable basis at all relevant times.\n\n As a result of the Defendants\u2019 wrongful acts and omissions, and the precipitous decline in\n\nthe market value of the Company\u2019s securities during the Class Period, Nelson and other members\n\nof the class have suffered significant losses and damages.\n\nIII. ARGUMENT\n\n A. Nelson Should Be Appointed Lead Plaintiff\n\n The PSLRA provides the procedure for selecting a lead plaintiff in class actions brought\n\nunder the federal securities laws. The PSLRA directs courts to consider any motion to serve as\n\nlead plaintiff filed by class members in response to a published notice of class action by the later\n\nof (i) 90 days after the date of publication of the notice; or (ii) as soon as practicable after the\n\nCourt decides any pending motion to consolidate. 15 U.S.C. \u00a7 78u-4(a)(3)(B). The PSLRA\n\nprovides a \u201crebuttable presumption\u201d that the \u201cmost adequate plaintiff\u201d\u2014i.e., the plaintiff most\n\ncapable of adequately representing the interests of the class\u2014is the class member that:\n\n (aa) has either filed the complaint or made a motion in response to a notice . . . ;\n\n (bb) in the determination of the Court, has the largest financial interest in the\n relief sought by the class; and\n\n (cc) otherwise satisfies the requirements of Rule 23 of the Federal Rules of Civil\n Procedure.\n\n15 U.S.C. \u00a7 78u-4(a)(3)(B)(iii)(I). The presumption in favor of appointing a movant as lead\n\nplaintiff may be rebutted only upon proof \u201cby a purported member of the plaintiff class\u201d that the\n\npresumptively most adequate plaintiff:\n\n (aa) will not fairly and adequately protect the interest of the class; or\n\n (bb) is subject to unique defenses that render such plaintiff incapable of\n adequately representing the class.\n\n\n\n\n 4\n\fCase 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 5 of 11 PageID #: 61\n\n\n\n\n15 U.S.C. \u00a7 78u-4(a)(3)(B)(iii)(II).\n\n As set forth below, Nelson satisfies all of the PSLRA criteria and has complied with all\n\nof the PSLRA\u2019s requirements for appointment as lead plaintiff. Nelson has, to the best of his\n\nknowledge, the largest financial interest in this litigation and meets the relevant requirements of\n\nRule 23. In addition, Nelson is not aware of any unique defenses the Defendants could raise\n\nagainst him that would render him inadequate to represent the class. Accordingly, Nelson\n\nrespectfully submits that he should be appointed lead plaintiff. See Varghese v. China Shenghuo\n\nPharm. Holdings, Inc., 589 F. Supp. 2d 388, 397 (S.D.N.Y. 2008).\n\n 1. Nelson Filed a Timely Motion\n\n Nelson has made a timely motion in response to a PSLRA early notice. On December 31,\n\n2025, pursuant to Section 21D(a)(3)(A)(I) of the PSLRA, notice was published in connection\n\nwith this action. See Declaration of Gregory B. Linkh in Support of Shaji Nelson\u2019s Motion for\n\nAppointment as Lead Plaintiff and Approval of Lead Counsel (\u201cLinkh Decl.\u201d), Ex. A. Therefore,\n\nNelson had sixty days (i.e., until March 2, 2026) to file a motion to be appointed as lead plaintiff.\n\nAs a purchaser of agilon securities during the Class Period, Nelson is a member of the proposed\n\nclass and has hereby timely filed a motion for appointment as lead plaintiff within sixty days of\n\nthe notice, in compliance with the PSLRA. 15 U.S.C. \u00a7 78u-4(a)(3)(B)(iii)(I)(aa).\n\n Additionally, as set forth in his PSLRA certification, Nelson attests that he has reviewed\n\nthe complaint, adopts the allegations therein, and is willing to serve as a representative of the\n\nclass. See Linkh Decl., Ex. B. Accordingly, Nelson satisfies the first requirement to serve as lead\n\nplaintiff for the class.\n\n 2. Nelson Has the Largest Financial Interest\n\n The PSLRA requires a court to adopt the rebuttable presumption that \u201cthe most adequate\n\nplaintiff . . . is the person or group of persons that . . . has the largest financial interest in the\n\n\n 5\n\fCase 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 6 of 11 PageID #: 62\n\n\n\n\nrelief sought by the class.\u201d 15 U.S.C. \u00a7 78u-4(a)(3)(B)(iii). At the time of this filing, Nelson\n\nbelieves that he has the largest financial interest among class members who filed timely\n\napplications for appointment as lead plaintiff and is presumed to be the \u201cmost adequate\n\nplaintiff.\u201d\n\n Nelson purchased agilon securities during the Class Period at prices alleged to be\n\nartificially inflated by Defendants\u2019 misstatements and omissions and, as a result, suffered\n\nfinancial losses of $7,513.96. See Linkh Decl., Ex. C. To the best of his knowledge, Nelson is\n\nnot aware of any other class member that has filed a motion for appointment as lead plaintiff\n\nwho claims a larger financial interest and is otherwise adequate. As such, Nelson believes he has\n\nthe \u201clargest financial interest in the relief sought by the class,\u201d and thus satisfies the second\n\nPSLRA requirement to be appointed as lead plaintiff for the class. See Varghese, 589 F. Supp. 2d\n\nat 396.\n\n 3. Nelson Satisfies the Requirements of Rule 23 of the Federal Rules of\n Civil Procedure\n\n The PSLRA further provides that in addition to possessing the largest financial interest in\n\nthe outcome of the litigation, a lead plaintiff must \u201cotherwise satisfy the requirements of Rule 23\n\nof the Federal Rules of Civil Procedure.\u201d See In re Cendant Corp. Litig., 264 F.3d 201, 263 (3d\n\nCir. 2001). Rule 23(a) generally provides that a class action may proceed if the following four\n\nrequirements are satisfied:\n\n (1) the class is so numerous that joinder of all members is impracticable, (2) there\n are questions of law or fact common to the class, (3) the claims or defenses of the\n representative parties are typical of the claims or defenses of the class, and (4) the\n representative parties will fairly and adequately protect the interest of the class.\n\nFed. R. Civ. P. 23(a). In making its determination that a lead plaintiff candidate otherwise\n\nsatisfies the requirements of Rule 23, \u201ctypicality and adequacy of representation are the only\n\nprovisions [of Rule 23] relevant to the determination.\u201d City of Monroe Employees\u2019 Ret. Sys. v.\n\n\n 6\n\fCase 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 7 of 11 PageID #: 63\n\n\n\n\nHartford Fin. Svcs. Group, Inc. 269 F.R.D. 291, 296 (S.D.N.Y. 2010). At the lead plaintiff stage\n\nof the litigation, a movant need only make a preliminary showing that they satisfy Rule 23\u2019s\n\ntypicality and adequacy requirements. Id. at 296-97 (citing In re eSpeed, Inc. Sec. Litig., 232\n\nF.R.D. 95, 102 (S.D.N.Y. 2005)); Kuriakose v. Federal Home Loan Mortg. Co., No. 08-cv-7281,\n\n2008 WL 4974839, at *5 (S.D.N.Y. Nov. 24, 2008).\n\n a) Nelson\u2019s Claims Are Typical\n\n The Rule 23(a) typicality requirement is satisfied when a plaintiff\u2019s claims arise from the\n\nsame event, practice or course of conduct that gives rise to other class members\u2019 claims, and\n\nplaintiff\u2019s claims are based on the same legal theory. See Kuriakose, 2008 WL 4974839, at *4.\n\nRule 23 does not require the lead plaintiff to be identically situated with all class members. Id.\n\n Nelson\u2019s claims are typical of the claims asserted by the proposed members of the class.\n\nLike all members of the class, Nelson alleges that the Defendants\u2019 material misstatements and\n\nomissions concerning agilon\u2019s business, operations, and financial prospects violated the federal\n\nsecurities laws. Nelson, like all members of the class, purchased agilon securities in reliance on\n\nthe Defendants\u2019 alleged misstatements and omissions and was damaged thereby. Accordingly,\n\nNelson\u2019s interests and claims are \u201ctypical\u201d of the interests and claims of the class.\n\n b) Nelson Is an Adequate Representative\n\n \u201cThe adequacy requirement is satisfied where: (1) class counsel is qualified, experienced,\n\nand generally able to conduct the litigation; (2) there is no conflict between the proposed lead\n\nplaintiff and the members of the class; and (3) the proposed lead plaintiff has a sufficient interest\n\nin the outcome of the case to ensure vigorous advocacy.\u201d City of Monroe, 269 F.R.D. at 297.\n\n Nelson has demonstrated his adequacy by retaining competent and experienced counsel\n\nwith the resources and expertise to efficiently prosecute this action, and his financial losses\n\nensure that he has sufficient incentive to provide vigorous advocacy. See Linkh Decl., Ex. C.\n\n\n 7\n\fCase 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 8 of 11 PageID #: 64\n\n\n\n\nNelson resides in the United Arab Emirates and has been managing his own investments for\n\napproximately 5 years. Nelson is an operations manager and has a bachelor\u2019s degree in business\n\nadministration from the University Institute of Technology in Kerala. Nelson is moreover not\n\naware of any conflict between his claims and those of the class. As such, Nelson is adequate to\n\nrepresent the class and should be appointed as lead plaintiff.\n\n B. The Court Should Approve Lead Plaintiff\u2019s Choice of Counsel\n\n The PSLRA vests authority in the lead plaintiff to select and retain counsel, subject only\n\nto approval of the Court. See 15 U.S.C. \u00a7 78u-4(a)(3)(B)(v). Here, Nelson has retained GPWR as\n\nlead counsel to pursue this litigation on his behalf and will retain the firm as the class\u2019s lead\n\ncounsel in the event he is appointed lead plaintiff.\n\n GPWR possesses extensive experience in securities class actions and has successfully\n\nprosecuted numerous securities fraud class actions on behalf of injured investors, as reflected by\n\nthe firm\u2019s r\u00e9sum\u00e9 attached to the Linkh Declaration as Exhibit D. GPWR recently obtained final\n\napproval of a $433.5 million settlement on behalf of Alibaba Group Holding Limited investors,\n\nand final approval of a $120 million settlement on behalf of ViacomCBS Inc. investors. The\n\nfirm\u2019s success on behalf of investors was recognized by Law360, which named GPWR one of\n\nthe 2025 Law360 Securities Groups of the Year. Thus, the Court may be assured that, by\n\ngranting the Motion, the class will receive high quality legal representation.\n\nIV. CONCLUSION\n\n For the foregoing reasons, Nelson respectfully requests that the Court grant his Motion\n\nand enter an Order (1) appointing Nelson as Lead Plaintiff; (2) approving his selection of GPWR\n\nas Lead Counsel for the class; and (3) granting such other relief as the Court may deem just and\n\nproper.\n\n\n\n\n 8\n\fCase 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 9 of 11 PageID #: 65\n\n\n\n\n Respectfully submitted,\n\nDATED: March 2, 2026 GLANCY PRONGAY WOLKE &\n ROTTER LLP\n\n By: /s/ Gregory B. Linkh\n Gregory B. Linkh (GL-0477)\n 230 Park Ave., Suite 358\n New York, NY 10169\n Telephone: (212) 682-5340\n Facsimile: (212) 884-0988\n glinkh@glancylaw.com\n\n Robert V. Prongay\n Charles H. Linehan\n Pavithra Rajesh\n 1925 Century Park East, Suite 2100\n Los Angeles, CA 90067\n Telephone: (310) 201-9150\n Facsimile: (310) 201-9160\n\n Counsel for Shaji Nelson and Proposed Lead\n Counsel for the Class\n\n\n\n\n 9\n\fCase 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 10 of 11 PageID #: 66\n\n\n\n\n CERTIFICATE OF COMPLIANCE\n\n The undersigned counsel for Shaji Nelson certifies that this brief contains 2,199 words,\n\nwhich complies with the word limit of L.R. 7.1(c).\n\n\n /s/ Gregory B. Linkh\n Gregory B. Linkh\n\fCase 1:25-cv-07167-HG Document 11 Filed 03/02/26 Page 11 of 11 PageID #: 67\n\n\n\n\n PROOF OF SERVICE\n\n I, the undersigned say:\n\n I am not a party to the above case and am over eighteen years old.\n\n On March 2, 2026, I served true and correct copies of the foregoing document, by posting\n\nthe document electronically to the ECF website of the United States District Court for the\n\nEastern District of New York, for receipt electronically by the parties listed on the Court\u2019s\n\nService List.\n\n I affirm under penalty of perjury under the laws of the United States of America that the\n\nforegoing is true and correct. Executed on March 2, 2026, at Brooklyn, New York.\n\n /s/ Gregory B. Linkh\n Gregory B. Linkh\n\f","ocr_status":1,"date_upload":"2026-05-18T09:15:18.363011-07:00","document_number":"11","attachment_number":null,"pacer_doc_id":"123023477796","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Memorandum in Support","acms_document_guid":""}],"date_created":"2026-03-02T19:20:27.332483-08:00","date_modified":"2026-05-06T18:05:57.427528-07:00","date_filed":"2026-03-02","time_filed":"22:15:25","entry_number":11,"recap_sequence_number":"2026-03-02.003","pacer_sequence_number":54,"description":"MEMORANDUM in Support re 10 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Shaji Nelson. (Linkh, Gregory) (Entered: 03/02/2026)","tags":[]}],"entries_total":"https://www.courtlistener.com/api/rest/v4/docket-entries/?count=on&docket=72093987&page_size=40"}