US District Court Civil Docket as of 01/08/2010
Retrieved from the court on February
23, 2011
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Cause:
15:78m(a) Securities Exchange Act |
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Plaintiff
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Andrew
Merson |
represented by |
Arthur
N. Abbey |
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Plaintiff
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Wayne
Alexander |
represented by |
Arthur
N. Abbey |
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Defendant
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Health
Management Inc.
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represented by |
John
David Lovi |
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Defendant
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Clifford
E. Hotte |
represented by |
Edward
L. Wolf |
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Defendant
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Drew
W. Bergman
|
represented by |
Edward
R. Gallion |
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Defendant
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BDO
Seidman, LLP
|
represented by |
Ira
George Greenberg |
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Defendant
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Virginia
Belloise |
represented by |
John
G. Poli , III |
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Defendant
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Lloyd
Myers |
represented by |
Richard
J. DeMarco |
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Defendant
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Irwin
Hirsh |
represented by |
Richard
J. DeMarco |
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Cross
Claimant |
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Clifford
E. Hotte |
represented by |
Edward
L. Wolf |
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Cross
Claimant |
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Lloyd
Myers |
represented by |
Richard
J. DeMarco |
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Cross
Claimant |
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Irwin
Hirsh |
represented by |
Richard
J. DeMarco |
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Cross
Defendant |
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Drew
W. Bergman
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represented by |
Edward
R. Gallion |
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Cross
Defendant |
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Irwin
Hirsh |
represented by |
Richard
J. DeMarco |
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Cross
Defendant |
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Lloyd
Myers |
represented by |
Richard
J. DeMarco |
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Cross
Defendant |
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Health
Management Inc.
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represented by |
Barbra
R. Parlin |
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Cross
Defendant |
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Clifford
E. Hotte |
represented by |
Edward
L. Wolf |
|
Cross
Defendant |
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Drew
W. Bergman
|
represented by |
Edward
R. Gallion |
|
Cross
Claimant |
||
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BDO
Seidman, LLP
|
represented by |
Ira
George Greenberg |
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||
|
Cross
Defendant |
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Health
Management Inc.
|
represented by |
John
David Lovi |
|
Cross
Defendant |
||
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Clifford
E. Hotte |
represented by |
Edward
L. Wolf |
|
Cross
Defendant |
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Drew
W. Bergman
|
represented by |
Edward
R. Gallion |
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Cross
Claimant |
||
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Virginia
Belloise |
represented by |
John
G. Poli , III |
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Date
Filed |
# |
Docket
Text |
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02/29/1996 |
1 |
COMPLAINT
filed and summons(es) issued for Health Management Inc. Clifford E. Hotte,
Drew W. Bergman FILING FEE $ 120.00 RECEIPT # 180715 (fe) (Entered:
03/04/1996) |
|
03/14/1996 |
2 |
RETURN
OF SERVICE executed as to Health Management In, Clifford E. Hotte, Drew W.
Bergman 3/1/96 Answer due on 3/21/96 for Drew W. Bergman, for Clifford E.
Hotte, for Health Management In (Rooney, Tim) (Entered: 03/18/1996) |
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04/04/1996 |
3 |
ORDER
dated 4/4/96, extending time for defendant Drew Bergman to answer to the
complaint to 5/3/96 ( signed by Judge Arthur D. Spatt ) (Rooney, Tim)
(Entered: 04/04/1996) |
|
04/15/1996 |
4 |
ORDER
dated 4/13/96, extending time which Health Management, Inc. must answer or
move against the complaint , set answer due for 5/3/96 for Health Management
In ( signed by Judge Arthur D. Spatt ) c/m (Mahon, Cinthia) (Entered:
04/15/1996) |
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04/23/1996 |
5 |
STIPULATION
dated 4/23/96, extending time for defendant Clifford E. Hotte to answer to
the complaint to and including 5/3/96 ( signed by Judge Arthur D. Spatt )
(Rooney, Tim) (Entered: 04/24/1996) |
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05/07/1996 |
6 |
LETTER
dated 5/7/96 from Nora von Stange to Counsel re: noting that Judge Spatt
declines to approve an open ended extention of defendant's time to respond to
the complaint. (Rooney, Tim) (Entered: 05/08/1996) |
|
05/07/1996 |
7 |
LETTER
dated 5/7/96 from Mark Gardy to Max Berger re: noting the transmittal of
opposition papers in connection with the motion for appointment of lead
counsel. (Rooney, Tim) (Entered: 05/10/1996) |
|
05/10/1996 |
8 |
LETTER
dated 5/10/96 from Nora von Stange to Arthur Abbey re: requesting that
counsel follow Judge Spatt's individual Rules with regard to filing motions,
and submit the motion to the Court at the appropriate time. (Rooney, Tim)
(Entered: 05/14/1996) |
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05/10/1996 |
9 |
LETTER
dated 5/10/96 from Nora von Stange to Counsel re: noting that Judge Spatt
declines to approve an open ended extension of time for defendants' to
respond to the complaint. (Rooney, Tim) Modified on 05/14/1996 (Entered:
05/14/1996) |
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05/10/1996 |
10 |
LETTER
dated 5/10/96 from Nora von Stange to Arthur Abbey re: requesting counsel to
re-submit motion papers in accordance with Judge Spatt's Individual Rules.
(Rooney, Tim) (Entered: 05/14/1996) |
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05/10/1996 |
13 |
LETTER
dated 4/30/96 from Robert Gans to Counsel re: transmittal letter of Affidavit
of Max Berger and Memorandum of Law in Support of Motion to appoint certain
lead counsel. (Rooney, Tim) (Entered: 05/15/1996) |
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05/14/1996 |
11 |
STIPULATION
dated 5/14/96, extending time for defendant HMI to respond to the complaint
until June 3, 1996 ( signed by Judge Arthur D. Spatt ) (Rooney, Tim)
(Entered: 05/15/1996) |
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05/14/1996 |
12 |
STIPULATION
dated 5/14/96, extending time for defendant Drew Bergman to respond to the
complaint until 6/3/96 ( signed by Judge Arthur D. Spatt ) (Rooney, Tim)
(Entered: 05/15/1996) |
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05/17/1996 |
14 |
LETTER
dated 5/15/96 from Mark Gardy to Counsel re: transmittal of Reply Mem. of Law in support of their motion to appoint lead counsel.
(Rooney, Tim) (Entered: 05/17/1996) |
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05/17/1996 |
15 |
LETTER
dated 5/15/96 from Robert Gans to Counsel re: noting the transmittal of HMI's
reply mem. in further support of motion to appoint
lead counsel. (Rooney, Tim) (Entered: 05/17/1996) |
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05/21/1996 |
16 |
ORDER
dated 5/21/96, extending time for defendant Clifford Hotte to respond to the
complaint up to and including June 17, 1996 ( signed by Judge Arthur D. Spatt
) (Rooney, Tim) (Entered: 05/23/1996) |
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06/05/1996 |
17 |
STIPULATION
AND ORDER, extending time in which defendant Drew Bergman may respond to the
complaint to July 3, 1996 ( signed by Judge Arthur D. Spatt ) (Rooney, Tim)
(Entered: 06/05/1996) |
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06/05/1996 |
18 |
STIPULATION
AND ORDER, extending time for defendant HMI to respond to the complaint to
July 1, 1996 ( signed by Judge Arthur D. Spatt ) (Rooney, Tim) (Entered:
06/05/1996) |
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06/21/1996 |
19 |
ORDER
extending time for Hotte to answer or move to complaint , set answer due for
7/15/96 for Clifford E. Hotte ( signed by Judge Arthur D. Spatt ) (Costa,
Bill) (Entered: 06/21/1996) |
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06/28/1996 |
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Motion
hearing held as to Health Management In (Rooney, Tim) (Entered: 07/02/1996) |
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06/28/1996 |
20 |
Calendar
entry before Judge Spatt on 6/28/96 at 9:30: Motion hearing held; case
called; all counsel present; c/r Ron Tolkin. The following cases are to be
reassigned to Judge Spatt for all purposes: 96cv909(ADS); 96cv931(TCP);
96cv980(TCP); 96cv988(ADS); 96cv1005(TCP); 96cv1189(ADS); 96cv1187(JG);
96cv1955(ADS); 96cv1953(ADS); 96cv1756(ADS). The above cases are to be
consolidated under 96cv889(ADS) for all purposes and
the underlying cases are to be administratively closed. New Pre-trial order
to be filed. (Rooney, Tim) (Entered: 07/02/1996) |
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07/08/1996 |
21 |
NOTICE
of change of address by counsel for plaintiffs Andrew Merson, Wayne Alexander
(Rooney, Tim) (Entered: 07/09/1996) |
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08/07/1996 |
22 |
ORDER
dated 8/7/96, consolidating cases 96cv909; 96cv931; 96cv980; 96cv988;
96cv1005; 96cv1189; 96cv1756; 96cv1887; 96cv1955; 96cv1952 under the lead
case 96cv889 ( signed by Judge Arthur D. Spatt ) (Rooney, Tim) (Entered:
08/09/1996) |
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08/07/1996 |
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Consolidated
Lead Case (Rooney, Tim) (Entered: 08/09/1996) |
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08/09/1996 |
23 |
TRANSCRIPT
filed for motion hearing for dates of 6/28/96 (Rooney, Tim) (Entered:
08/09/1996) |
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08/13/1996 |
24 |
STIPULATION
AND ORDER dated 8/13/96, that HMI shall remove any and all claims of
privilege attached to production of the Special Report, and that HMI's
disclosure of the Special Report to counsel for the plaintiffs is not, and
shall not be construed as, a waiver of the attorney-client priviledge or
immunity that HMI or its counsel may possess with respect to any other
document or communication, even if the subject matter of such document or
communication is related to the subject matter of the Special Report ( signed
by Judge Arthur D. Spatt ) (Rooney, Tim) (Entered: 08/19/1996) |
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08/20/1996 |
25 |
TRANSCRIPT
of motion hearing before Judge Spatt filed for [20-1] miscellaneous for dates
of 06/28/96 at 9:30 am (Donovan, Donna) (Entered: 08/23/1996) |
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09/06/1996 |
26 |
ORDER,
extending time to 11/8/96 for the plaintiff's to file and serve a Complaint
on Counsel for defts. Defts shall answer or move with respect to the
Complaint w/i 60 days after service of the Complaint , parties shall submit
to the Court a stipulated form of order for the confidential treatment of
documents ( signed by Judge Arthur D. Spatt ) (Rooney, Tim) (Entered:
09/09/1996) |
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09/09/1996 |
27 |
LETTER
dated 9/5/96 from Jeffrey Zwerling to Judge Spatt re: requesting an extension
of time to and through 11/9/96 to file an serve an
Amended Complaint. (Rooney, Tim) (Entered: 09/10/1996) |
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09/10/1996 |
28 |
Letter
MOTION by Andrew Merson, Health Management In to adjourn the conference set
for 9/11/96 to 9/17/96 at 9:00 , Motion hearing (Rooney, Tim) (Entered:
09/10/1996) |
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09/10/1996 |
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ORDER
granting [28-1] motion to adjourn the conference set for 9/11/96 to 9/17/96
at 9:00 ( signed by Judge Arthur D. Spatt ) (Rooney, Tim) (Entered:
09/10/1996) |
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09/11/1996 |
29 |
CERTIFICATE
OF SERVICE of Pre-Trial Order No. 1 upon counsel by Andrew Merson, Wayne
Alexander (Rooney, Tim) (Entered: 09/11/1996) |
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09/17/1996 |
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Status
conference held (Rooney, Tim) (Entered: 09/17/1996) |
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09/17/1996 |
30 |
Calendar
entry before Judge Spatt on 9/17/96 at 9:30: Case called; all counsel
present; conference held; Notice order signed --deft. has
two weeks to file objections. (Rooney, Tim) (Entered: 09/17/1996) |
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09/17/1996 |
31 |
NOTICE
ORDER dated 9/17/96, set settlement conference for 9:00 11/8/96 before Judge
Arthur D. Spatt to determine whether, for purposes of this Settlement only,
the Court should certify the Action as a Class Action purs. to FRCP 23, and
approve the Lead Plaintiffs as representatives of a class of all persons that
purchased Health Management common stock between 8/25/94 and 2/26/96,
inclusive. (see order for further details) ( signed by Judge Arthur D. Spatt
) (Rooney, Tim) (Entered: 09/17/1996) |
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09/20/1996 |
32 |
Proposed
Stipulation of Partial Settlement re: to resolve, discharge and settle the
Released Claims against the settling defendant Health Management (see
stipulation for details) (unsigned) (Rooney, Tim) (Entered: 09/25/1996) |
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09/30/1996 |
33 |
LETTER
dated 9/30/96 from Nora von Stange to To Whom It May Concern RE: the papers
that were sent to chambers in connection with the above referenced action.
Please be advised that the stipulation of confidentiality is a matter that
should be submitted by an attorney directly to Judge Spatt for his
consideration, not to the clerk of the court. Judge Spatt will consider the
stipulation for signing upon an appropriate presentation. (fe) (Entered:
10/02/1996) |
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10/04/1996 |
34 |
LETTER
dated 10/3/96 from Joel B. Strauss to Judge Spatt re: confusion with regard
to the letter of Nora von Stange dated 9/30/96. (Rooney, Tim) (Entered:
10/09/1996) |
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10/07/1996 |
35 |
LETTER
dated 10/7/96 from Michael Cardello to Joel Strauss re: advising counsel that
the court is in receipt of counsel's latest submission dated 10/3/96, and
will process it accordingly. (Rooney, Tim) (Entered: 10/09/1996) |
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10/07/1996 |
42 |
Stipulation
and Order of Confidentiality with respect to the discovery and use of
documents, articles, or other thinfs produced by BDO Seidman, LLP purs to the
subpoena duces tecum ( Signed by Judge Arthur D. Spatt) (Rooney, Tim)
(Entered: 11/01/1996) |
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10/09/1996 |
36 |
STIPULATION
& PROTECTIVE ORDER (see order for details) (signed by Judge Arthur D.
Spatt ) (Rooney, Tim) (Entered: 10/10/1996) |
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10/18/1996 |
37 |
NOTICE
of change of address by the firm of McDermott, Will & Emery, Attorneys
for Health Management Inc. (Rooney, Tim) (Entered: 10/21/1996) |
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10/24/1996 |
38 |
AFFIDAVIT
of Jan Lipert on behalf of The Garden City Group Re: print and mailing the
Notice of Pendency of Class Action (Rooney, Tim) (Entered: 10/25/1996) |
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10/25/1996 |
39 |
AFFIDAVIT
of Beverly Phyall Settle Re: service of [38-1] affidavit (Rooney, Tim)
(Entered: 10/25/1996) |
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10/25/1996 |
40 |
AFFIDAVIT
of G. Peter Buchband on behalf of Garden City Group, Inc. Re: service of
Notice of Pendency of Class Action. (Rooney, Tim) (Entered: 10/25/1996) |
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10/25/1996 |
41 |
AFFIDAVIT
of Beverly Phyall Settle Re: service of [40-1] affidavit (Rooney, Tim)
(Entered: 10/25/1996) |
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10/31/1996 |
43 |
ORDER
dated 10/31/96, extending plaintiffs time to file and serve a complaint ,
reset answer due for 2/6/97 for Drew W. Bergman, for Clifford E. Hotte, for
Health Management In ( signed by Judge Arthur D. Spatt ) (Rooney, Tim)
(Entered: 11/01/1996) |
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11/01/1996 |
44 |
MEMORANDUM
OF LAW by Andrew Merson, Wayne Alexander in support of final approval of the
proposed partial class action settlement. (Rooney, Tim) (Entered: 11/05/1996) |
|
11/01/1996 |
45 |
MEMORANDUM
OF LAW by Andrew Merson, Wayne Alexander in support of application for an
award of Attorney's fees and reimbursement of expenses. (Rooney, Tim)
(Entered: 11/05/1996) |
|
11/01/1996 |
46 |
AFFIDAVIT
of Frederic S. Fox and Jeffrey C. Zwerling in support of partial settlement
with Health Management, Inc. and application for attorney's fees and
reimbursement of expenses. (Rooney, Tim) (Entered: 11/05/1996) |
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11/01/1996 |
47 |
Plaintiffs'
counsel's affidavits in support of application for reimbursement of expenses.
(Rooney, Tim) (Entered: 11/05/1996) |
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11/01/1996 |
48 |
AFFIDAVIT
of Hugh R. Lamle in support of the proposed settlement with Health
Management, Inc. (Rooney, Tim) (Entered: 11/05/1996) |
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11/15/1996 |
49 |
LETTER
dated 11/05/96 from Jeffrey C. Zwerling to Judge Spatt re: requesting that
the hearing scheduled for 11/08/96 be adjourned to 12/06/96. (Rooney, Tim)
(Entered: 11/18/1996) |
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12/06/1996 |
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SEALED
DOCUMENT placed in vault (consolidated amended class action complaint -
summons issued) (Mahon, Cinthia) (Entered: 12/09/1996) |
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12/16/1996 |
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SEALED
DOCUMENT placed in vault (Consolidated Amended Class Action Complaint)
(Rooney, Tim) (Entered: 12/17/1996) |
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12/18/1996 |
50 |
RETURN
OF SERVICE executed as to Health Management In, Clifford E. Hotte, Drew W.
Bergman 12/9/96 Answer due on 12/29/96 for Drew W. Bergman, for Clifford E.
Hotte, for Health Management In. Served Summons & Consolidated Amended
Class Action Complaint, Stipulation & Protective Order, & Rules Of
Judge Spatt. (fe) (Entered: 12/20/1996) |
|
12/19/1996 |
52 |
LETTER
dated 12/19/96 from Frederick Fox, Jeffrey Zwerling to Judge Spatt re: to
request that the Court enter the enclosed Notice Order (fe) (Entered:
01/03/1997) |
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12/19/1996 |
53 |
NOTICE
ORDER dated 12/20/96, scheduling a settlement hearing for 3/14/97, at 9am (
signed by Judge Arthur D. Spatt ) (fe) (Entered: 01/03/1997) |
|
12/20/1996 |
51 |
Calendar
entry: Before Judge Spatt on 12/20/96 at 9:00 am. Civil cause for conference
held. Case called. All counsel present. C/R: Owen Wicker. Court is
preliminarily approving the settlement. Notice within 21 days. Oral motion to
extend to 30 days is granted. Amended stipulation of settlement; 1/10/97 to
file objections. Hearing set for 3.14.97 at 9:00 am. (Donovan, Donna)
(Entered: 12/26/1996) |
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12/20/1996 |
54 |
Proposed
Amended Stipulation of Partial Settlement submitted to file (fe) (Entered:
01/03/1997) |
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01/09/1997 |
55 |
AFFIDAVIT
OF SERVICE Re: service of summons and amended complaint upon Irwin Hirsch
(Rooney, Tim) (Entered: 01/10/1997) |
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01/09/1997 |
58 |
AFFIDAVIT
OF SERVICE Re: service of summons and amended complaint (under seal) upon
Lloyd Myers (Rooney, Tim) (Entered: 01/13/1997) |
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01/10/1997 |
56 |
Copy
of claim form submitted by Deborah K. Poole (Rooney, Tim) (Entered:
01/10/1997) |
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01/13/1997 |
57 |
ORDER
dated 1/11/97, time for deft BDO Seidman to answer is extended to 1/14/97, in
the event a motion to dismiss is filed , pltfs' paper in opposition shall be
served so that they are rec'd on or before 2/18/97 reply papers on the motion
are due to pltffs' counsel on or before 3/7/97 ( signed by Judge Arthur D.
Spatt ) (fe) (Entered: 01/13/1997) |
|
01/13/1997 |
59 |
LETTER
dated 1/09/97 from Mark Goldberg to Counsel re: noting the transmittal of
notice of motion and memoranduw of law in support of motion to dismiss.
(Rooney, Tim) (Entered: 01/14/1997) |
|
01/21/1997 |
60 |
LETTER
dated 1/17/97 from W. Thomas McGough to Counsel re: noting the service of
Defendnats Hirsch & Myers motion for a more definite statement. (Rooney,
Tim) (Entered: 01/27/1997) |
|
02/04/1997 |
61 |
LETTER
dated 2/04/97 from Michael Cardello to Judith Cohen re: advising that motions
for the substitution of counsel require the signatures of the in-coming and
out-going attorneys, as well as the client's signature. (Rooney, Tim) (Entered:
02/05/1997) |
|
02/05/1997 |
62 |
ORDER
dated 2/05/97, extending defendant Clifford Hotte's time to respond to the
complaint , reset answer due for 2/17/97 for Clifford E. Hotte ( signed by
Judge Arthur D. Spatt ) (Rooney, Tim) (Entered: 02/06/1997) |
|
02/12/1997 |
63 |
ORDER,
substituting attorney for Clifford Hotte Added Matthew S. Dontzin ( signed by
Judge Arthur D. Spatt ) (Rooney, Tim) (Entered: 02/13/1997) |
|
02/13/1997 |
66 |
LETTER
dated 2/12/97 from Matthew Dontzin to Judge Spatt re: Mr. Hotte's withdrawal
of his objection to production of the complaint. (Rooney, Tim) (Entered:
02/20/1997) |
|
02/18/1997 |
65 |
LETTER
dated 2/12/97 from Frederic Fox to Judge Spatt re: requesting a conference
regarding production of the Complaint. (Rooney, Tim) (Entered: 02/20/1997) |
|
02/20/1997 |
64 |
STIPULATION
& ORDER dated 2/20/97, Opposition to motion to dismiss due on or before
2/28/97 , Reply to motion to dismiss due on or before 3/21/97 ( signed by
Judge Arthur D. Spatt ) (Rooney, Tim) (Entered: 02/20/1997) |
|
02/26/1997 |
69 |
NOTICE
of CHANGE OF FIRM NAME by Abbey Ellis on behalf of Andrew Merson, Wayne
Alexander. Name changed to Abbey, Gardy & Squitieri, LLP (fe) (Entered:
03/03/1997) |
|
02/27/1997 |
68 |
Letter
MOTION by Andrew Merson, Wayne Alexander to extend time of no more than 5
pages beyond the 20 page limit for the memoranda of law , Motion hearing (fe)
(Entered: 03/03/1997) |
|
02/27/1997 |
|
ORDER
dated 2/27/97 denying [68-1] motion to extend time of no more than 5 pages
beyond the 20 page limit for the memoranda of law (signed by Judge Arthur D.
Spatt) C/M {Order entered on document #68} (fe) (Entered: 03/03/1997) |
|
02/28/1997 |
67 |
NOTICE
of CHANGE OF Attorney Firm NAME by Robert M. Kornreich attorney for pltffs
Andrew Merson, Wayne Alexander. Firm name is now Wolf Popper LLP. (fe)
(Entered: 03/03/1997) |
|
02/28/1997 |
77 |
ORDER
dated 2/28/97, extending time to respond to the complaint , reset answer due
for 4/3/97 for Clifford E. Hotte ( signed by Judge Arthur D. Spatt ) (Rooney,
Tim) (Entered: 03/04/1997) |
|
02/28/1997 |
78 |
ORDER
dated 2/28/97, extending time to respond to the complaint , reset answer due
for 3/21/96 for Defendant Virginia Hotte ( signed by Judge Arthur D. Spatt )
(Rooney, Tim) (Entered: 03/04/1997) |
|
03/03/1997 |
70 |
LETTER
dated 3/3/97 from Barry J. Casper to Counsel re: noting the transmittal of
Notice of Motion to Dismiss. (Rooney, Tim) (Entered: 03/04/1997) |
|
03/03/1997 |
71 |
LETTER
dated 2/28/97 from W. Thomas McGough, Jr. to Clerk re: noting the transmittal
of defendants Notice of Motion for a More definite statement. (Rooney, Tim)
(Entered: 03/04/1997) |
|
03/03/1997 |
72 |
MOTION
by Irwin Hirsh and Lloyd N. Myers for more definite statement purs. to Rules
12(e) and 9(b) of the FRCP , Motion hearing (Rooney, Tim) (Entered:
03/04/1997) |
|
03/03/1997 |
73 |
MEMORANDUM
OF LAW of defendants Irwin Hirsh and Lloyd N. Meyers in support of [72-1]
motion for more definite statement purs. to Rules 12(e) and 9(b) of the FRCP
(Rooney, Tim) (Entered: 03/04/1997) |
|
03/03/1997 |
74 |
MEMORANDUM
OF LAW by Andrew Merson in opposition to [72-1] motion for more definite
statement purs. to Rules 12(e) and 9(b) the FRCP (Rooney, Tim) (Entered:
03/04/1997) |
|
03/03/1997 |
75 |
REPLY
MEMORANDUM OF LAW in further support of [72-1] motion for more definite
statement purs. to Rules 12(e) and 9(b) of the (Rooney, Tim) (Entered:
03/04/1997) |
|
03/03/1997 |
76 |
Compendium
of unpublished decisions cited by defendants Hirsh and Myers. (Rooney, Tim)
(Entered: 03/04/1997) |
|
03/06/1997 |
79 |
AFFIDAVIT
OF G. Peter Buchband (Rooney, Tim) (Entered: 03/06/1997) |
|
03/10/1997 |
80 |
AFFIDAVIT
by Andrew Merson, Wayne Alexander Re: in support of application for
reimbursement of expenses. (Rooney, Tim) (Entered: 03/11/1997) |
|
03/10/1997 |
81 |
AFFIDAVIT
by Andrew Merson, Wayne Alexander Re: in support of application for
attorney's fees. (Rooney, Tim) (Entered: 03/11/1997) |
|
03/10/1997 |
82 |
SUPPLEMENTAL
AFFIDAVIT of Frederic S. Fox and Jeffrey C. Zwerling in support of amended
partial settlement with Health Management, Inc. and application for
attorneys' fees and reimbursement of expenses. (Rooney, Tim) (Entered:
03/11/1997) |
|
03/10/1997 |
|
MOTION
by Frederic S. Fox and Jeffrey C. Zwirling on behalf of Andrew Merson, Wayne
Alexander for attorney fees and reimbursement of expenses , Motion hearing
(motion is made in the Affidavit of Counsel --see doc # 82) (Rooney, Tim)
(Entered: 03/11/1997) |
|
03/10/1997 |
83 |
MEMORANDUM
OF LAW by Andrew Merson, Wayne Alexander in support of [0-1] motion for
attorney fees and reimbursement of (Rooney, Tim) (Entered: 03/11/1997) |
|
03/10/1997 |
84 |
MEMORANDUM
OF LAW by Andrew Merson, Wayne Alexander in support of final approval of the
amended proposed partial class action settlement. (Rooney, Tim) (Entered:
03/11/1997) |
|
03/17/1997 |
86 |
LETTER
dated 3/13/97 from Matthew Dontzin to Judge Spatt re: Should the Court enter
a judgment giving final approval of the settlement, it is requested that the
Court also issue an order barring all future claims for contribution by the
settling deft HMI (proposed order annexed) (fe) (Entered: 03/19/1997) |
|
03/17/1997 |
87 |
LETTER
dated 3/12/97 from Jeffrey C. Zwerling, F. Fox to Judge Spatt re: joint
submission that hearing should proceed as scheduled (fe) (Entered:
03/19/1997) |
|
03/18/1997 |
85 |
LETTER
dated 3/13/97 from Matthew S. Dontzin to Judge Spatt re: submitting a
proposed order pursuant to 15 U.S.C. 78u-4(g)(7)(A) (fe) (Entered:
03/18/1997) |
|
03/19/1997 |
88 |
Calendar
entry: Before Judge Spatt on 3/14/97 at 9:20 am, civil cause for hearing All
counsel present C/R Harry Rapaport case called conf held Final approval for
settlement Court dismisses negligence cause all other cause court reserves
decision next conf scheduled for 4/11/97 at 9:00 (fe) (Entered: 03/20/1997) |
|
03/21/1997 |
|
SEALED
DOCUMENT placed in vault: Affidavit of Joel B. Strauss in support of Platff's
Memorandum of Law in Opposition to the motion to dismiss of deft BDO Seidman,
LLP (fe) (Entered: 03/25/1997) |
|
03/21/1997 |
89 |
LETTER
dated 3/20/97 from Mark J. Goldberg to Clerk re: transmittal for papers in
connection with Deft BDO Seidman's motion to dismiss (fe) (Entered:
03/25/1997) |
|
03/21/1997 |
90 |
MOTION
by deft BDO Seidman, LLP to dismiss , Motion hearing [90-1] motion (fe)
(Entered: 03/25/1997) |
|
03/21/1997 |
91 |
MEMORANDUM
by BDO Seidman, LLP in support of [90-1] motion to dismiss (fe) (Entered:
03/25/1997) |
|
03/21/1997 |
93 |
MEMORANDUM
by Andrew Merson, Wayne Alexander in opposition to [90-1] motion to dismiss
(fe) (Entered: 04/03/1997) |
|
03/21/1997 |
94 |
REPLY
MEMORANDUM OF LAW in further support [90-1] motion to dismiss (fe) (Entered:
04/03/1997) |
|
03/21/1997 |
95 |
NOTICE
of briefing schedule by and between pltffs and deft Belloise: pltffs to serve
memopp 4/23/97; deft to serve and file rplymemsupp on 5/7/97; deft to submit
motion to dismiss on 5/9/97 (fe) (Entered: 04/03/1997) |
|
03/24/1997 |
92 |
NOTICE
of Change of Name by Zwerling, Schacter, Zwerling & Koppell LLP; new name
is Zwerling, Schacter & Zwerling, LLP. (fe)
(Entered: 04/03/1997) |
|
03/24/1997 |
96 |
LETTER
dated 3/19/97 from Theresa C. Williams-Harris to Joel B. Strauss re: to
confirm that the argument scheduled for 3/21/97 has been rescheduled for
5/23/97 (fe) (Entered: 04/03/1997) |
|
03/24/1997 |
97 |
NOTICE
of change of address by SULLIVAN & GALLION to: 444 Madison Avenue, New
York, NY 10022; phone and fax are unchanged (fe) (Entered: 04/03/1997) |
|
03/31/1997 |
98 |
LETTER
dated 3/20/97 from Theresa C. Williams-Harris to Mike Cardello re: forwarding
copy of letter to counsel advising of argument rescheduling to 5/23/97 (fe)
(Entered: 04/03/1997) |
|
03/31/1997 |
99 |
LETTER
(with enclosure) dated 3/27/97 from Mark J. Goldberg to Judge Platt re: to
bring to the Court's attn the recent decision in Friedberg v. Discreet Logic
Inc., No. cv 96-11232 (D. Mass 3/7/97) (fe) (Entered: 04/03/1997) |
|
04/03/1997 |
|
SEALED
DOCUMENT placed in vault re: Transmittal dated 4/3/97 from Matthew Dontzin,
Esq. of motion to dismiss to counsel. (fe) (Entered: 04/08/1997) |
|
04/03/1997 |
100 |
LETTER
dated 4/2/97 from Frederic S. Fox to Judge Spatt re: enclosure of two
recently decided opinions to support pltffs' memopp to BDO Seidman's motion
to dismiss. (fe) (Entered: 04/09/1997) |
|
04/11/1997 |
101 |
Letter
MOTION by Frederic Fox to adjourn conf scheduled for 4/11/97 , Motion hearing
[101-1] motion (fe) (Entered: 04/14/1997) |
|
04/11/1997 |
|
Endorsed
order dated 4/10/97 granting [101-1] motion to adjourn conf scheduled for
4/11/97, set status conference for 9:00 4/25/97 before Judge Arthur D. Spatt
( Signed by Judge Arthur D. Spatt ) (fe) (Entered: 04/14/1997) |
|
04/24/1997 |
104 |
letter to Judge Spatt from Frederic S. Fox dated 11/1/96 re:
courtesy documents submitted in relation to Final Approval of Proposed
Partial Class Action Settlement. (fe) (Entered: 05/09/1997) |
|
04/24/1997 |
106 |
LETTER
dated 4/23/97 from Frederic Fox to Judge Spatt re: requesting approval of the
settlement reflected in the Restated Stipulation (fe) (Entered: 05/09/1997) |
|
04/24/1997 |
107 |
LETTER
dated 4/24/97 (by Fax) from Matthew S. Dontzin to Judge Spatt re: in response
to the Proposed Final Judgment and Order of partial dismissal (fe) (Entered:
05/09/1997) |
|
04/25/1997 |
|
Status
conference held re: settlement hearing (fe) (Entered: 04/29/1997) |
|
04/25/1997 |
102 |
Calendar
entry: before Judge Spatt on 4/25/97 at 9am, civil cause for settlement
hearing; all counsel present. miscellaneous hearing next settlement hearing
scheduled for 6/6/97 at 12noon Court signs revised notice order (fe)
(Entered: 04/29/1997) |
|
04/25/1997 |
105 |
Restated
Stipulation of Partial Settlement, unendorsed, placed in file. (fe) (Entered:
05/09/1997) |
|
04/28/1997 |
103 |
NOTICE
ORDER dated 4/25/97), settlement hearing set for June 6, 1997,, at 12noon
before Judge Spatt to determine whether, for purposes of the Settlement only,
the Court should certify the Action as a class action, and approve the Lead
Plaintiffs as representatives of a class of all persons that purchased Health
Mgmt common stock between 8/25/94, and 2/26/96, inclusive; to determine
whether the proposed Amended Settlement is fair, reasonable and adequate and
should be approved, and whether final judgment pursuant to FRCP 54(b) should
be entered dismissing the Acction as to, and claims asserted therein against
Health Management on the merits, with prejudice, and w/o costs, which order
shall include a bar order barring claims against Health Management for contribution
or indemnity; to determine whether the proposed Plan of Distribution of the
Settlement Fund is fair, reasonable and adequate; to consider the application
of pltffs' counsel for an award of attorneys' fees, reimbursement of costs
and disbursements; and to reserve jurisdiction to effect and enforce the
Restated Partial Settlement. (see document for balance of text) ( signed by
Judge Arthur D. Spatt ) (fe) (Entered: 05/01/1997) |
|
05/21/1997 |
108 |
LETTER
dated 5/9/97 from John G. Poli to Clerk of Court re: cover letter of motion
papers which will be filed under seal. (fe) (Entered: 05/21/1997) |
|
05/21/1997 |
109 |
SEALED
DOCUMENT placed in vault (fe) (Entered: 05/21/1997) |
|
05/21/1997 |
|
SEALED
DOCUMENT placed in vault (fe) (Entered: 05/21/1997) |
|
05/21/1997 |
|
SEALED
DOCUMENT placed in vault (fe) (Entered: 05/21/1997) |
|
05/21/1997 |
|
SEALED
DOCUMENT placed in vault (fe) (Entered: 05/21/1997) |
|
05/22/1997 |
110 |
AFFIDAVIT
of Karen Barnes Re: administration of the settlement in this litigation (fe)
(Entered: 06/11/1997) |
|
05/29/1997 |
|
SEALED
DOCUMENT: Memorandum of Law of Deft Hotte in Support of Motion to Dismiss
placed in vault (fe) (Entered: 05/29/1997) |
|
05/29/1997 |
|
SEALED
DOCUMENT: Pltffs' Memorandum in Opposition to the Motion to Dismiss placed in
vault (fe) (Entered: 05/29/1997) |
|
05/29/1997 |
|
SEALED
DOCUMENT: Reply Memorandum of Law of Deft Hotte in support of Motion to
Dismiss placed in vault (fe) (Entered: 05/29/1997) |
|
06/06/1997 |
123 |
Calendar
entry: Before Judge Spatt on 6/6/97 at 12 noon, civil cause for hearing. All
counsel present; c/r Harry Rapaport. Case called, hearing adjourned to 6/9/97
at 9:30 am (fe) (Entered: 08/13/1997) |
|
06/09/1997 |
124 |
Calendar
entry: Before Judge Spatt on 6/9/97 at 9:50 am, civil cause for hearing. All
counsel present; c/r Harry Rapaport. Case called, hearing held. Partial
dismissal as to H.M.I (fe) (Entered: 08/13/1997) |
|
06/10/1997 |
111 |
FINAL
JUDGMENT AND ORDER OF PARTIAL DISMISSAL OF ACTION dated 6/9/97, adopting all
terms set forth in the Restated Stipulation ( signed by Judge Arthur D. Spatt
) cm (fe) (Entered: 06/11/1997) |
|
06/10/1997 |
112 |
ORDER
dated 6/9/97 granting [0-1] motion for attorney fees and reimbursement of
expenses in the sum of 25% of $4.30 million ($4.55 million less expenses of
$250,000.00) ( signed by Judge Arthur D. Spatt ) cm (fe) (Entered:
06/11/1997) |
|
06/10/1997 |
113 |
LETTER
dated 5/21/97 from W. Thomas McGough to Judge Spatt re: scheduling a return
date for the motion for More Definite Statement (fe) (Entered: 06/11/1997) |
|
06/12/1997 |
114 |
LETTER
dated 6/9/97 from Mark J. Goldberg to Judge Spatt re: to bring attension to
the recentyly published decision in Norwood Venture Corp. v. Converse Inc.,
959F. Supp. 205, 208 (S.D.N.Y 1997) (fe) (Entered: 06/12/1997) |
|
06/24/1997 |
115 |
AFFIDAVIT
Re: Service via Fedex of papers in connection with the restated partial settlement
(fe) (Entered: 06/25/1997) |
|
06/24/1997 |
116 |
AFFIDAVIT
of service filed (fe) (Entered: 06/25/1997) |
|
07/11/1997 |
117 |
Letter
MOTION by BDO Seidman for an adjournment of the 7/17/97 conf. , Motion
hearing [117-1] motion (fe) (Entered: 07/14/1997) |
|
07/11/1997 |
|
Endorsed
order dated 7/11/97 denying [117-1] motion for an adjournment of the 7/17/97
conf. ( Signed by Judge Arthur D. Spatt ) (fe) (Entered: 07/14/1997) |
|
07/17/1997 |
119 |
CERTIFICATE
OF SERVICE as to Final judgment and Order of Partial Dismissal of Action and
Order Awarding Fees and Reimbursement of Expenses by Andrew Merson, Wayne
Alexander (fe) (Entered: 07/23/1997) |
|
07/21/1997 |
118 |
MEMORANDUM
OF DECISION AND ORDER dated 7/21/97 denying [90-1] motion to dismiss, denying
[72-1] motion for more definite statement purs. to Rules 12(e) and 9(b) of
the FRCP ( signed by Judge Arthur D. Spatt ) (fe) (Entered: 07/23/1997) |
|
08/08/1997 |
120 |
LETTER
dated 8/1/97 from Joel Strauss to Mag. Lindsay re: request for conference to
set a discovery schedule (fe) (Entered: 08/12/1997) |
|
08/08/1997 |
|
ORDER
dated 8/4/97 (ent'd on doc 120) Document production need not await the filing
of an answer. To the extent deft is in possession of records relevnt to this
action production may be commenced ( signed by Magistrate Arlene R. Lindsay )
cm (fe) (Entered: 08/12/1997) |
|
08/11/1997 |
121 |
STIPULATION
and ORDER dated 8/7/97, set answer to amended complaint due for 3/21/96 (
signed by Judge Arthur D. Spatt ) (fe) (Entered: 08/12/1997) |
|
08/11/1997 |
122 |
STIPULATION
and ORDER dated 8/11/97, set answer due for 8/18/97 for defts Lloyd Myers and
Irwin Hirsh to answer amended complaint ( signed by Judge Arthur D. Spatt )
(fe) (Entered: 08/12/1997) |
|
08/18/1997 |
125 |
ANSWER
to complaint by Defts Hirsh and Myers and CROSSCLAIM against Health
Management In, Clifford E. Hotte, Drew W. Bergman (fe) (Entered: 08/18/1997) |
|
08/18/1997 |
126 |
Disclosure
of interested parties by Defts Hirsh and Myers (fe) (Entered: 08/18/1997) |
|
08/18/1997 |
127 |
ORDER
dated 8/16/97, substituting attorney terminated attorney Matthew S. Dontzin
for Clifford E. Hotte, attorney Matthew S. Dontzin for Clifford E. Hotte
Added Edward L. Wolf ( signed by Judge Arthur D. Spatt ) (fe) (Entered: 08/21/1997) |
|
08/18/1997 |
128 |
ORDER
by Stipulation dated 8/16/97 reset answer due for 8/20/97 for deft Virginia
Beloise ( signed by Judge Arthur D. Spatt ) (fe) (Entered: 08/21/1997) |
|
08/20/1997 |
129 |
ANSWER
and Third Party Crossclaim by Clifford E. Hotte to amended complaint (fe)
(Entered: 08/21/1997) |
|
08/20/1997 |
|
CROSSCLAIM
by Clifford E. Hotte against Drew W. Bergman, Lloyd N. Myers, and Irwin Hirsh
(fe) (Entered: 08/21/1997) |
|
08/20/1997 |
130 |
ANSWER
by BDO Seidman to amended complaint (with crossclaims) (fe) (Entered:
08/28/1997) |
|
08/20/1997 |
130 |
CROSSCLAIM
by BDO Seidman, LLP against Health Management In, Clifford E. Hotte, Drew W.
Bergman (fe) (Entered: 08/28/1997) |
|
08/20/1997 |
131 |
ANSWER
by Virginia Belloise to amended complaint, w/crossclaims (fe) (Entered:
08/28/1997) |
|
08/20/1997 |
131 |
CROSSCLAIM
by Virginia Belloise against Health Management In, Drew W. Bergman, Irwin
Myers and Lloyd Hirsh (fe) (Entered: 08/28/1997) |
|
09/09/1997 |
133 |
ANSWER
by Health Management In to [125-2] cross claim (fe) (Entered: 09/19/1997) |
|
09/10/1997 |
134 |
ANSWER
by Lloyd Myers, Irwin Hirsh to [130-1] cross claim (fe) (Entered: 09/19/1997) |
|
09/10/1997 |
|
CROSSCLAIM
by Lloyd Myers, Irwin Hirsh against BDO Seidman, LLP (within doc 134) (fe)
(Entered: 09/19/1997) |
|
09/10/1997 |
135 |
ANSWER
by Lloyd Myers, Irwin Hirsh to [0-1] cross claim (fe) (Entered: 09/19/1997) |
|
09/10/1997 |
136 |
ANSWER
by Irwin Hirsh, Lloyd Myers to [131-1] cross claim (fe) (Entered: 09/19/1997) |
|
09/10/1997 |
|
CROSSCLAIM
by Lloyd Myers, Irwin Hirsh against Virginia Belloise (contained within doc
136) (fe) Modified on 09/19/1997 (Entered: 09/19/1997) |
|
09/11/1997 |
132 |
LETTER
dated 7/31/97 from Ira G. Greenberg to Judge Lindsay re: requesting
additional time to file a responsive pleading (resolved by doc. 130) (fe)
(Entered: 09/12/1997) |
|
09/11/1997 |
137 |
ANSWER
by Drew W. Bergman to [0-1] cross claim (fe) (Entered: 09/19/1997) |
|
09/11/1997 |
140 |
ANSWER
by Drew W. Bergman to [125-2] cross claim (fe) (Entered: 09/23/1997) |
|
09/12/1997 |
138 |
ANSWER
by Health Management In to [0-1] cross claim (fe) (Entered: 09/19/1997) |
|
09/19/1997 |
139 |
ANSWER
by Drew W. Bergman to [130-1] cross claim (fe) (Entered: 09/19/1997) |
|
09/29/1997 |
141 |
ANSWER
by Virginia Belloise to [0-1] cross claim (fe) (Entered: 09/29/1997) |
|
09/30/1997 |
142 |
ANSWER
by Health Management In to [130-1] cross claim (fe) (Entered: 10/07/1997) |
|
09/30/1997 |
143 |
ANSWER
by Health Management In to [131-1] cross claim (fe) (Entered: 10/07/1997) |
|
10/02/1997 |
144 |
ANSWER
by BDO Seidman, LLP to cross-claim of deft Drew W. Bergman (fe) (Entered:
10/07/1997) |
|
10/07/1997 |
145 |
ANSWER
by Irwin Hirsh, Lloyd Myers to Crossclaim of Drew Bergman (fe) (Entered:
10/08/1997) |
|
11/19/1997 |
146 |
ORDER
dated 11/19/97, set status conference for 2:30 12/16/97 before Magistrate
Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) cm (fe)
(Entered: 11/21/1997) |
|
11/25/1997 |
147 |
MAIL
RETURNED orders dated 11/19/97 returned on 11/25/97 attempted to Jeffrey
Zwerling, Esq-"no such number". (fe) (Entered: 12/01/1997) |
|
11/26/1997 |
148 |
MAIL
RETURNED order dated 11/19/97 returned on 11/26/97 attempted to Syma B.
Funt--unable to forward (fe) (Entered: 12/01/1997) |
|
12/16/1997 |
|
Status
conference held (fe) (Entered: 12/19/1997) |
|
12/16/1997 |
149 |
Calendar
entry: Before Mag. Lindsay on 12/16/97 at 2:30 pm, civil cause for initial
conf all counsel present; pretrial scheduling order adopted. (fe) (Entered:
12/19/1997) |
|
12/16/1997 |
150 |
SCHEDULING
ORDER dated 12/16/97 setting Discovery cutoff 9/30/98 ; Pretrial conference
for 11:00 9/10/98 ; ( signed by Magistrate Arlene R. Lindsay ) cg (fe)
(Entered: 12/19/1997) |
|
12/18/1997 |
151 |
LETTER
dated 11/13/97 from Joel B. Strauss to Mag. Lindsay to provide a a current status of this action. (fe) (Entered:
12/19/1997) |
|
12/22/1997 |
152 |
NOTICE
of Change of Address by Savett Frutkin Podell & Ryan ICMS Updated (fe)
(Entered: 12/23/1997) |
|
03/06/1998 |
|
Endorsed
order granting [153-1] motion requesting that the limitation of 10
depositions per side imposed by FRCP 30(a)(2)(A) be increased to 25 ( Signed
by Magistrate Arlene R. Lindsay, dated 3/6/98 )c/m (fe) (Entered: 03/18/1998) |
|
03/09/1998 |
153 |
Letter
MOTION by BDO Seidman, LLP requesting that the limitation of 10 depositions
per side imposed by FRCP 30(a)(2)(A) be increased to 25 Motion hearing (fe)
(Entered: 03/18/1998) |
|
03/16/1998 |
154 |
MAIL
RETURNED. Endorsed order dated 3/6/98 returned on 3/16/98 (fe) (Entered:
03/23/1998) |
|
05/28/1998 |
155 |
NOTICE
of Change of Address by BDO Seidman, LLP (fe) (Entered: 06/01/1998) |
|
06/04/1998 |
156 |
PRE-TRIAL
SCHEDULING ORDER setting Discovery cutoff 11/30/98, Phase I Fact Discovery to
be completed by 8/30/98, Phase II Exchanges of Reports 9/30/98; Request for a
pre-motion summary judgment conference to be made to the district court no
later than 12/7/98; Settlement conference before the undersigned on 12/16/98
@ 10:00am ( signed by Magistrate Arlene R. Lindsay ) c/m (fe) (Entered:
06/09/1998) |
|
06/04/1998 |
159 |
LETTER
dated 6/3/98 from Janine R. Azriliant to All defense counsel re: enclosed
please find pltffs' Notice of Motion and Memorandum of Law in Support of
their Motion for Class Certification. (fe) (Entered: 06/11/1998) |
|
06/08/1998 |
157 |
LETTER
dated 5/28/98 from Joel B. Strauss to Magistrate Judge Linday re:
respectfully requesting that the Court grant pltffs' application for a 90-day
extension of the currently scheduled fact discovery cut-off date as well as
the other dates set forth in the Court's Scheduling Order, and grant relief
the Court deems appropriate. (fe) (Entered: 06/09/1998) |
|
06/08/1998 |
158 |
LETTER
dated 6/2/98 from Michael R. Young to Magistrate Judge Lindsay re: we
respectfully submit this letter in response to Joel Strauss' letter of
5/28/98 seeking a 90-day extension of the period for fact discovery which,
pursuant to the Court's order of 12/16/97, is presently scheduled to be
completed by 6/30/98. (fe) (Entered: 06/09/1998) |
|
06/12/1998 |
160 |
LETTER
dated 6/9/98 from Efrem M. Grail to Magistrate Judge Lindsay re: respectfully
submitting this letter in opposition to atty Joel Strauss' 5/28/98 request by
letter seeking a 90 day extension of time in which to conduct fact discovery.
(fe) (Entered: 06/17/1998) |
|
06/16/1998 |
161 |
MAIL
RETURNED Pre-Trial Scheduling Order dtd 6/4/98 returned on 6/16/98 (fe)
(Entered: 06/17/1998) |
|
06/23/1998 |
162 |
MOTION
by Wayne Alexander, Andrew Merson for an order authorizing disbursement of
the Settlement Fund , No Motion hearing set (fe) (Entered: 07/02/1998) |
|
06/23/1998 |
163 |
MEMORANDUM
OF LAW by Wayne Alexander, Andrew Merson in support of the [162-1] motion for
an order authorizing disbursement of the Settlement Fund (fe) (Entered:
07/02/1998) |
|
06/23/1998 |
164 |
AFFIDAVIT
of Jeffrey C. Zwerling on behalf of by Wayne Alexander, Andrew Merson Re: in
support of the [162-1] motion for an order authorizing disbursement of the
Settlement Fund (fe) (Entered: 07/02/1998) |
|
06/23/1998 |
165 |
AFFIDAVIT
of G. Peter Buchband (Exhibits A-E annexed) (fe) Modified on 07/02/1998
(Entered: 07/02/1998) |
|
07/02/1998 |
166 |
ORDER
dated 7/2/98 granting [162-1] motion for an order authorizing disbursement of
the Settlement Fund (See order for further details) ( signed by Judge D.
Spatt ) c/m (fe) (Entered: 07/02/1998) |
|
07/09/1998 |
167 |
MAIL
RETURNED Order approving distribution of settlement fund returned on 7/9/98
(fe) (Entered: 07/09/1998) |
|
07/10/1998 |
168 |
LETTER
dated 7/9/98 from Michael R. Young to Magistrate Lindsay RE: We write in
response to Joel Strauss's letter of 7/1/98 regarding discovery issues. We
will address the two new issues that Mr. Strauss has raised: the computer
files and the 1994 workpapers. (Toritto, James) (Entered: 07/17/1998) |
|
07/14/1998 |
|
Endorsed
order dated 7/14/98. Pltf's position that they be allowed to idnetify
potential pltf witnesses "several weeks" before trial is not a
reasonable compromise. Since pltf is prepared to stipulate that no more than
ten pltfs might be called that stipulation should be entered now and the
potential witnesses identified in order to permit the dfts a reasonable
discovery. 2. This court fails to understand the difficulty in retreiving the
HMI information. Dft represents that it has produced in the precise manner it
was received. The dft's are not requeired to decipher the same since the
information appears not to have been generated by them and because they are
in no better position that the pltfs to undertake this task. Granting [171-1]
motion to produce hard copy printouts of the computerized files at issue. The
expense of such a production, however, should be beared by pltfs. 3. Pltf is
to articulate in a letter to the Court what relevance the '94 documents have
to this action. ( Signed by Magistrate Arlene R. Lindsay ) entered on
document # 171 c/m (Toritto, James) (Entered: 07/23/1998) |
|
07/15/1998 |
169 |
LETTER
dated 7/15/98 from Anna Hong to Efrem Grail RE: I am writing at the request
of Judge Spatt with regard to the the enclosed opposition papers to the
pltf's motion for class certification. Please resubmit the enclosed motion
papers at the appropriate time. (Toritto, James) (Entered: 07/17/1998) |
|
07/20/1998 |
170 |
LETTER
dated 6/29/98 from Ira Greenberg to Magistrate Lindsay RE: Dft asked to
depose pltfs but have been rebuffed. We would not seek to take the deposition
of any pltf who is not going to be a witness. If pltfs decide to call none of
their number at trial, we would not press for these depositions. (Toritto,
James) (Entered: 07/23/1998) |
|
07/20/1998 |
171 |
Letter
MOTION dated 7/1/98 by Wayne Alexander, Andrew Merson RE: Pltfs submit this
letter in response to Ira Greenberg's letter of 6/29/98. In the unlikely
event any pltf's name was placed on a potential witness list, pltf would
allow BDO to depose such person well before trial. Also, in light of the fact
discovery cut-off pltf's request that this Court Order BDO to produce hard
copy printouts of the computerized files at issue , Motion hearing (Toritto,
James) (Entered: 07/23/1998) |
|
07/20/1998 |
172 |
LETTER
dated 7/9/98 from Michael R. Young to Magistrate Lindsay RE: We write in
response to Mr. Strauss' letter of 7/1/98 regarding discovery. We have ow
located and produced the computer files. Pltf should continue to use their own outside consultants to analyze. The fraud is
reflected in the 1995 financial statements. The 1994 workpapers have nothing
to do with it. (Toritto, James) (Entered: 07/23/1998) |
|
07/27/1998 |
173 |
MAIL
RETURNED #169, letter from Anna Hong to Efrem Grail, returned on 7/27/98
(Toritto, James) (Entered: 07/29/1998) |
|
07/30/1998 |
174 |
MAIL
RETURNED endorsed order dtd 7/14/98 returned on 7/30/98 (fe) (Entered:
08/06/1998) |
|
08/06/1998 |
175 |
Letter
MOTION by Wayne Alexander requesting 1994 audit work papers , Motion hearing
(Toritto, James) (Entered: 08/12/1998) |
|
08/06/1998 |
|
Endorsed
order dated 8/6/98 granting [175-1] motion requesting 1994 audit work papers
( Signed by Magistrate Arlene R. Lindsay ) entered on doc. #175 c/m (Toritto,
James) (Entered: 08/12/1998) |
|
08/10/1998 |
176 |
LETTER
dated 8/10/98 from Janine R. Azriliant to Judge Spatt re: Enclosed for filing
please find enclosed Notice of Motion for Class Certfication; Pltf's
Memorandum in support; Memorandum of BDO Seidman in opposition; Memorandum of
Irwin Hirsch & Lloyd Myers is opposition and; Reply memorandm in further
support of pltf's motion for class certification. (Toritto, James) (Entered:
08/17/1998) |
|
08/10/1998 |
177 |
MOTION
by Charles T. Labozzettta, Kurt W. Grimm, Michael Zurkan, Bharat Dave, John
Capazzi, Albert Buthman, Thomas Druetzler, Lilliam Pfaender, Lewis Steven
Cohen and Kenneth Holmes to certify this action as a class action , Motion
hearing set for 9:30 9/11/98 [177-1] motion (Toritto, James) (Entered:
08/17/1998) |
|
08/10/1998 |
178 |
PLAINTIFF'S
MEMORANDUM in support of [177-1] motion to certify this action as a class
action (Toritto, James) (Entered: 08/17/1998) |
|
08/10/1998 |
179 |
MEMORANDUM
by Irwin Hirsh, Lloyd Myers in opposition to [177-1] motion to certify this
action as a class action (Toritto, James) (Entered: 08/17/1998) |
|
08/10/1998 |
180 |
MEMORANDUM
by BDO Seidman, LLP in opposition to [177-1] motion to certify this action as
a class action (Toritto, James) (Entered: 08/17/1998) |
|
08/10/1998 |
181 |
PLAINTIFF'S
REPLY MEMORANDUM OF LAW in further [177-1] motion to certify this action as a
class action (Toritto, James) (Entered: 08/17/1998) |
|
08/24/1998 |
182 |
LETTER
dated 8/21/98 from Efrem Grail to Magistrate Lindsay re: requesting that the
Court order plas to comply with our document request and produce them.
(Talbott, Thomas) (Entered: 08/27/1998) |
|
08/24/1998 |
183 |
LETTER
dated 8/21/98 from Efrem Grail to Magistrate Lindsay re: Objection to any
further discovery of Lloyd Myers and Irwin Hirsh beyond 8/30/98, the cut-off
date. (Talbott, Thomas) (Entered: 08/27/1998) |
|
08/31/1998 |
184 |
LETTER
dated 8/31/98 from Efrem M. Grail to Magistrate Lindsay RE: I am writing to
confirm a telephone conference with your secretary this afternoon. (Toritto,
James) (Entered: 09/04/1998) |
|
09/08/1998 |
185 |
Letter
MOTION by Andrew Merson requesting a 30 day extension of the fact discovery
cut-off of 8/30/98 , Motion hearing (Toritto, James) (Entered: 09/14/1998) |
|
09/08/1998 |
|
Endorsed
order dated 9/8/98 granting [185-1] motion requesting a 30 day extension of
the fact discovery cut-off of 8/30/98, Fact discovery is to be completed by
9/30/98. Exchage of expert reports by 10/30/98. Set discovery due for 12/31/98 , Request for pre-motion summary judgment conference to
be made to the district court by 1/7/98. Reset settlement conference for
10:00 1/14/99 before Magistrate Arlene R. Lindsay ( Signed by Magistrate
Arlene R. Lindsay ) c/m endorsed on doc. #185 (Toritto, James) (Entered:
09/14/1998) |
|
09/09/1998 |
189 |
Letter
MOTION by Wayne Alexander, Andrew Merson requesting that dfts' motion to
compel be denied , Motion hearing (Toritto, James) (Entered: 09/14/1998) |
|
09/09/1998 |
|
Endorsed
order dated 9/9/98 granting [189-1] motion requesting that dfts' motion to
compel be denied. Pltf may not produce a mass of documents for inspection
regardless of their relevance to the claims. Pltf is presumed to have
knowledge of the documents w/in their possession and should produce for
inspection only that body of documents relating to the claims in question.
Pltf is not, however, required to organize said documents as requested and
pltf's obligation in this regard is to produce them in the manner they were
received or retained. ( Signed by Magistrate Arlene R. Lindsay ) c/m endorsed
on doc. #189 (Toritto, James) (Entered: 09/14/1998) |
|
09/10/1998 |
186 |
LETTER
dated 8/21/98 from Efrem M. Grail to Magistrate Lindsay RE: Requesting that
this court order pltfs to comply with our document request and produce and
top label all repsonsive documents to correspond with the categories
contained in the requeset. (Toritto, James) (Entered: 09/14/1998) |
|
09/10/1998 |
187 |
LETTER
dated 8/21/98 from Efrem M. Grail to Magistrate Lindsay RE: There is no
opposition to pltf's request for an extension of fact discovery. (Toritto,
James) (Entered: 09/14/1998) |
|
09/10/1998 |
188 |
LETTER
dated 8/31/98 from Efrem M. Grail to Magistrate Lindsay RE: We have agreed
that pltfs shall have until 9/8/98 to submit any responses to the 2 documents
that we filed on behalf of dfts Irwin Hirsh and Lloyd N. Myers. (Toritto,
James) (Entered: 09/14/1998) |
|
09/14/1998 |
190 |
Letter
MOTION by Irwin Hirsh, Lloyd Myers to file the enclosed reply to pltf's
letter in response to our 8/21/98 letter-motion to compel , Motion hearing
(Toritto, James) (Entered: 09/23/1998) |
|
09/14/1998 |
|
Endorsed
order dated 9/154/98 denying [190-1] motion to file the enclosed reply to
pltf's letter in response to our 8/21/98 letter-motion to compel. ( Signed by
Magistrate Arlene R. Lindsay ) c/m endorsed on doc. #190 (Toritto, James)
(Entered: 09/23/1998) |
|
09/15/1998 |
192 |
LETTER
dated 9/14/98 from Joel B. Strauss to Magistrate Lindsay Re: Pltfs request
that the court order dft Myers to produce all documents concerrning trades he
made of directed and all documents concerning the ownership of the account in
which such trades were made. (Toritto, James) (Entered: 09/30/1998) |
|
09/24/1998 |
193 |
Letter
MOTION by Irwin Hirsh, Lloyd Myers rqeusting that the court deny pltfs'
letter motion to compel , Motion hearing (Toritto, James) (Entered:
09/30/1998) |
|
09/24/1998 |
|
Endorsed
order dated 9/24/98 granting in part, and denying in part [193-1] motion
rqeusting that the court deny pltfs' letter motion compel. To the extent dft
argues laches or untimeliness their motion is denied. To the extent the dft
Myers has control or access to the documents sought w/ respect to his trading
in HMI securities, they are to be produced. A subpoena would not be necessary
to secure production of such documents from a party. Pltf is directed to
determine what if any documents are on file w/ the court before court will
address the issue of what burdens sould be imposed on AG Edwards. ( Signed by
Magistrate Arlene R. Lindsay ) c/m endorsed on doc. #193 (Toritto, James)
(Entered: 09/30/1998) |
|
09/25/1998 |
191 |
MAIL
RETURNED endorsed order dated 9/9/98 returned on 9/25/98 (Toritto, James)
(Entered: 09/29/1998) |
|
09/30/1998 |
194 |
LETTER
dated 9/29/98 from Joel B. Strauss to Magistrate Lindsay Re: Writing in
opposition to motion of Lloyd N. Myers to quash pltfs' subpoenas directed to
A.G. Edwards, Inc. (Toritto, James) (Entered: 10/05/1998) |
|
10/01/1998 |
195 |
Letter
MOTION by Wayne Alexander, Andrew Merson requesting that the motion to quash
the subpoeans to Mrs. Myers be denied , Motion hearing (Toritto, James)
(Entered: 10/13/1998) |
|
10/01/1998 |
|
Endorsed
order dated 10/1/98 mooting [195-1] motion requesting that the motion to
quash the subpoeans to Mrs. Myers be denied. (See order dated 9/24/98.)
Counsel is redirected to determine what, if any, documents are on file with
the court with respect to the burden imposed on A.G. Edwards. ( Signed by
Magistrate Arlene R. Lindsay ) c/m endorsed on doc. #195 (Toritto, James)
(Entered: 10/13/1998) |
|
10/08/1998 |
196 |
MAIL
RETURNED Order dated 9/24/98 returned on 10/8/98 (Toritto, James) (Entered:
10/13/1998) |
|
10/09/1998 |
197 |
MAIL
RETURNED endorsed order dated 10/1/98 forwarded to Syma Funt returned on
10/9/98 (Toritto, James) (Entered: 10/20/1998) |
|
10/13/1998 |
198 |
LETTER
dated 10/9/98 from Joel B. Strauss to Magistrate Lindsay RE: Pltfs request
that the Court deny dft Myers' motion to quash pltfs' subpoenas. (Toritto,
James) (Entered: 10/20/1998) |
|
10/23/1998 |
199 |
ORDER
dated 10/23/98 Set status conference for 2:00 11/16/98 before Magistrate
Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) c/m (Toritto,
James) (Entered: 10/29/1998) |
|
10/28/1998 |
200 |
LETTER
dated 10/26/98 from Efrem Grail to Magistrate Lindsay RE: Requesting that
this court further order pltfs to comply with your earlier ruling to produce
only those documents which support pltf's claims against dfts. (Toritto,
James) (Entered: 11/02/1998) |
|
10/28/1998 |
|
Endorsed
order dated 10/28/98- It is not clear to this court what relief is being
sought. Pltf's represetnt that the documents to be produced are relevant to
their claims in this case. It falls to counsel not the court to review the
same to ascertain whether this is so. ( Signed by Magistrate Arlene R.
Lindsay ) c/m endorsed on doc. #200 (Toritto, James) (Entered: 11/02/1998) |
|
10/28/1998 |
201 |
LETTER
dated 10/27/98 from Joel Strauss to Magistrate Lindsay RE: Pltfs submit that
they ahve taken all steps to comply with the Court's 9/9/98 Order. (Toritto,
James) (Entered: 11/02/1998) |
|
11/02/1998 |
203 |
LETTER
dated 10/30/98 from Efrem Grail to Magistrate Lindsay RE: Request that this
Court extend time in which dft Hirsh and Myers may
disclose their expert's report. (Toritto, James) (Entered: 11/12/1998) |
|
11/03/1998 |
202 |
MAIL
RETURNED Order dated 10/23/98 forwarded to Syma Flunt returned on 11/3/98
(Toritto, James) (Entered: 11/06/1998) |
|
11/05/1998 |
204 |
LETTER
dated 11/2/98 from Joel Strauss to Magistrate Lindsay RE: Pltf's request that
Hirsch and Myers' application for an extension of time to submit their expert
reports be denied. (Toritto, James) (Entered:
11/12/1998) |
|
11/16/1998 |
|
Status
conference held (Toritto, James) (Entered: 11/23/1998) |
|
11/16/1998 |
205 |
Calendar
entry: Before Magistrate Lindsay on 11/16/98 at 2:00 p.m. Civil cause for
status conference. Case called. Counsel for all sides present. Pre-trial
scheduling order adopted. (Toritto, James) (Entered: 11/23/1998) |
|
11/16/1998 |
206 |
PRE-TRIAL
SCHEDULING ORDER setting Discovery cutoff 2/26/99 ;
Pretrial conference for 11:00 3/18/99 ; Request for pre-motion conference
prior to filing summary judgment motion to be made to the district court no
later than 3/12/99. Proposed order resolving Edward subpoena to be submitted
by 11/23/98. 2. Parties to submit letter outlining proposed dates for
completion of discovery including expert depositions and reports. ( signed by
Magistrate Arlene R. Lindsay, dated 11/16/98 ) c/m (Toritto, James) (Entered:
11/23/1998) |
|
11/19/1998 |
207 |
ORDER
A.G. Edwards to produce for inspection and copying all documents reflecting
or concerning 1. trades in HMI securities and/or
options relating to HMI securities in any accounts held by Lloyd & Debra
Myers; 2. trading authority in any accounts held by
Lloyd and/or Debra Myers; and 3. communications and/or meetings with any
third parties relating in any way to the subject matter described in
paragraphs 1 & 2 ( signed by Magistrate Arlene R. Lindsay, dated 11/19/98
) c/m (Toritto, James) (Entered: 11/25/1998) |
|
11/23/1998 |
208 |
LETTER
dated 11/18/98 from Michael Young to Magistrate Lindsay RE: Submitting
schedule of expert depositions, conferences and deadlines. (Toritto, James)
(Entered: 11/30/1998) |
|
11/23/1998 |
|
Endorsed
order dated 11/23/98 Set settlement conference for 2:00 3/18/99 before
Magistrate Arlene R. Lindsay ( Signed by Magistrate Arlene R. Lindsay )
endorsed on doc. #208 c/m (Toritto, James) (Entered: 11/30/1998) |
|
11/30/1998 |
214 |
LETTER
dated 11/24/98 from Michael Young to Judge Spatt RE: Requesting a pre-motion
conference in anticipation of making a motion for partial summary judgment.
(Toritto, James) (Entered: 01/29/1999) |
|
12/02/1998 |
209 |
LETTER
dated 12/1/98 from Efrem Grail to Clerk of Court RE: In the recent pastm we
have encountered difficulty receiving Orders of this Court; they are
apparently being sent directly to our New York office, rather thatn to the
Pittsburgh office, which is taking the lead role in this litigation.
(Toritto, James) (Entered: 12/08/1998) |
|
12/04/1998 |
215 |
LETTER
dated 12/3/98 from Joel Strauss to Judge Spatt RE: Wrinting in response to
Michael Young's letter dated 11/24/98. Pltf submits that BDO's intended
motion for partial summary judgment is without merit. (Toritto, James)
(Entered: 01/29/1999) |
|
01/04/1999 |
212 |
LETTER
dated 12/31/98 from Efram Grail to Magistrate Lindsay re: deposition of Mr.
Moore (Talbott, Thomas) (Entered: 01/15/1999) |
|
01/06/1999 |
210 |
Letter
MOTION by BDO Seidman, LLP for extension of time to depose expert, Mr.Moore
(Talbott, Thomas) (Entered: 01/15/1999) |
|
01/06/1999 |
|
Endorsed
order granting [210-1] motion for extension of time to depose expert,
Mr.Moore. Court is satisfied deposition can be completed in its entirety
within additional 3 days. Defense counsel may agree how to divide their time.
In absence of agreement, this court will allocate time based upon additional
submissions by defense counsel. (see order for further details) c/m ( Signed
by Magistrate Arlene R. Lindsay ) (Talbott, Thomas) (Entered: 01/15/1999) |
|
01/07/1999 |
211 |
LETTER
dated 1/6/99 from Michael Young to Magistrate Lindsay re: Deposition of Mr.
Moore (Talbott, Thomas) (Entered: 01/15/1999) |
|
01/07/1999 |
|
Endorsed
order(doc #211) Counsel is advised that this court
will not accept a reply unless leave of Court is first granted to so submit
one. Accordingly, this correspondence will not be considered. ( Signed by
Magistrate Arlene R. Lindsay ) c/m (Talbott, Thomas) (Entered: 01/15/1999) |
|
01/12/1999 |
213 |
LETTER
dated 1/5/99 from Hillary Sobel to Magistrate Lindsay RE: On behalf of pltfs,
I oppose the relief sought by BDO Seidman in the letter dated 12/29/98, and
by dfts in their joinder dated 12/31/98. (Toritto, James) (Entered:
01/26/1999) |
|
01/16/1999 |
216 |
LETTER
dated 1/5/99 from Hillary Sobel to Magistrate Lindsay RE: Opposing the relief
sought by BDO Seidman in the letter dated 12/29/98, and by dfts Hirsh and
Myers in their joinder dated 12/31/98. (Toritto, James) (Entered: 01/29/1999) |
|
01/19/1999 |
217 |
Letter
MOTION by Health Management In, Andrew Merson to extend time for discovery ,
Motion hearing (Toritto, James) (Entered: 01/29/1999) |
|
01/19/1999 |
|
Endorsed
order dated 1/19/99 - The parties are advised the undersigned ruled on the
above dispute with repsoect to the deposition of Mr. Moore by Order dated
1/6/99. In light of this fact, it appears that the delineated modifications
are not necessary. Moreover this case has neared the three year mark.
Granting [217-1] motion to extend time for discovery, Reset discovery due for
3/8/99 All other dates shall remain unchanged. ( Signed by Magistrate Arlene
R. Lindsay ) c/f endorsed on doc. #217 (Toritto, James) (Entered: 01/29/1999) |
|
01/22/1999 |
218 |
Calendar
entry: Before Judge Spatt on 1/22/99 at 10:20 a.m. Civil cause for class
certification motion. Case called. Counsel for all sides present. C/R: Owen
Wicker Motion argued. Motion granted in its entirety. (Toritto, James)
(Entered: 01/29/1999) |
|
01/23/1999 |
219 |
MEMORANDUM
OF DECISION AND ORDER dated 1/23/99 granting [177-1] motion for class
certification. ( signed by Judge Arthur D. Spatt ) c/m (Toritto, James)
(Entered: 01/29/1999) |
|
01/25/1999 |
220 |
LETTER
dated 1/19/99 from Michael Young to Lisa Solbakken RE: Pursuant to Judge
Lindsay's Order dated 1/19/99, we have put in a schedule with regard to
expert depositions. (Toritto, James) (Entered: 01/29/1999) |
|
01/25/1999 |
|
Endorsed
order dated 1/21/99 - The parties are advised that 3/18/99 also represents
the date by which a request for a premotion summary judgment conference must
be made to the district court. The dates as delineated herein are adopted. (
Signed by Magistrate Arlene R. Lindsay ) c/m endorsed on doc. #220 (Toritto,
James) (Entered: 01/29/1999) |
|
02/03/1999 |
221 |
MAIL
RETURNED Order dated 1/21/99 forwarded to Syma Funt returned on 2/3/99
(Toritto, James) (Entered: 02/08/1999) |
|
02/24/1999 |
222 |
LETTER
dated 2/23/99 from Joel Strauss to Magistrate Lindsay RE: Writing to request
assistance in resolving a discovery dispute concerning the refusal of BDO
Seidman LLP to produce certain documents. (Toritto, James) (Entered:
03/04/1999) |
|
02/25/1999 |
223 |
Letter
MOTION by Wayne Alexander, Andrew Merson requesting an adjournment of the
deposition of pltfs' damage expert , Motion hearing (Toritto, James)
(Entered: 03/04/1999) |
|
02/25/1999 |
|
Endorsed
order dated 2/25/99 granting [223-1] motion requesting an adjournment of the
deposition of pltfs' damage expert. The deposition should be scheduled no
later than 3/18. This will accomodate the holidays and insure this matter
meets the imposed deadline. ( Signed by Magistrate Arlene R. Lindsay ) c/m
endorsed on doc. #223 (Toritto, James) (Entered: 03/04/1999) |
|
03/02/1999 |
224 |
Letter
MOTION by Health Management In, Andrew Merson for leave to file a reply
letter not to exceed one page , Motion hearing (Toritto, James) (Entered:
03/09/1999) |
|
03/02/1999 |
|
Endorsed
order dated 3/2/99 denying [224-1] motion for leave to file a reply letter
not to exceed one page, as counsel has provided no basis for granting the
application. ( Signed by Magistrate Arlene R. Lindsay ) c/m endorsed on doc.
#224 (Toritto, James) (Entered: 03/09/1999) |
|
03/04/1999 |
225 |
LETTER
dated 3/3/99 from Joel Strauss & Hillary Sobel to Magistrate Lindsay RE:
Requesting that the Court order the AICPA to produce all documents concerning
its investigation of BDO's audit of HMI's 1995 financial statements and
report thereon, including but not limited to the documents identified on the
AICPA's privilege log. (Toritto, James) (Entered: 03/09/1999) |
|
03/04/1999 |
226 |
LETTER
dated 3/3/99 from Hillary Sobel to Clerk of Court RE: Enclosed for filing is
the original letter motion submitted to Magistrate Lindsay. (Toritto, James)
(Entered: 03/09/1999) |
|
03/09/1999 |
227 |
MAIL
RETURNED Order dated 3/2/99 forwarded to Syma Funt returned on 3/9/99
(Toritto, James) (Entered: 03/12/1999) |
|
03/09/1999 |
228 |
MAIL
RETURNED Order dated 2/25/99 forwarded to Syma Funt returned on 3/9/99
(Toritto, James) (Entered: 03/12/1999) |
|
03/09/1999 |
229 |
Calendar
entry: Before Magistrate Lindsay on 3/9/99. Civil cause for status
conference. Case called. Counsel for all sides present. The following rulings
were made: Requests for pre-motion summary judgment conference must be made
to the district court by the prviously scheduled date of 3/18/99. Set
discovery due for 3/31/99 , Reset settlement conference for 11:00 4/6/99 before
Magistrate Arlene R. Lindsay SO ORDERED c/m (Toritto, James) (Entered:
03/18/1999) |
|
03/11/1999 |
230 |
LETTER
dated 3/1/99 from Michael Young to Magistrate Lindsay RE: Responding to
letter of Joel Strauss dated 2/23/99 in connection with the adjournmetn of
the depositionof pltf's damage expert. (Toritto, James) (Entered: 03/18/1999) |
|
03/11/1999 |
231 |
LETTER
dated 3/5/99 from Michael Young to Magistrate Lindsay RE: The depositon date
of Ed Martin would conflict with the newly-ordered deadline for the
deposition of John Torkelson. (Toritto, James) (Entered: 03/18/1999) |
|
03/11/1999 |
232 |
LETTER
dated 3/8/99 from Michael Young to Magistrate Lindsay RE: Writing in
connection with the scheduling issues arising out of pltfs' earlier
cancellation of the deposition of their damages expert, John Torkelsen.
(Toritto, James) (Entered: 03/18/1999) |
|
03/11/1999 |
233 |
LETTER
dated 3/8/99 from Efrem Grail to Magistrate Lindsay RE: Pltfs have
unilaterally cancelled the deposition of one of their expert witnesses in
this case for the second time. (Toritto, James) (Entered: 03/18/1999) |
|
04/01/1999 |
234 |
LETTER
dated 3/31/99 from Efrem Grail to Magistrate Lindsay RE: Enclosing copies of
letter requests for pre-summary judgment motion. (Toritto, James) (Entered:
04/08/1999) |
|
04/01/1999 |
235 |
LETTER
dated 3/17/99 from W. Thomas McGough to Magistrate Lindsay RE: Requesting
that the Court hold a pre-motion conference in preparation for our motion for
summary judgment. (Toritto, James) (Entered: 04/08/1999) |
|
04/01/1999 |
236 |
LETTER
dated 3/31/99 from Efrem Grail to Magistrate Lindsay RE: Responding to pltfs'
3/17/99 request for pre-summary judgment motion conference.1 (Toritto, James)
(Entered: 04/08/1999) |
|
04/01/1999 |
237 |
Letter
MOTION by Wayne Alexander, Andrew Merson to postpone the deposition of John
Torkelsen , Motion hearing (Toritto, James) (Entered: 04/13/1999) |
|
04/01/1999 |
|
Endorsed
order dated 4/1/99 granting [237-1] motion to postpone the deposition of John
Torkelsen. Reset discovery due for 4/23/99 , Reset settlement conference for
3:00 4/30/99 before Magistrate-Judge Arlene R. Lindsay ( Signed by
Magistrate-Judge Arlene R. Lindsay ) c/f endorsed on doc. #237 (Toritto,
James) (Entered: 04/13/1999) |
|
04/09/1999 |
238 |
LETTER
dated 4/8/99 from Michael Young to Magistrate Lindsay re: proposing
conference date of 4/26/99. (Toritto, James) (Entered: 04/22/1999) |
|
04/12/1999 |
239 |
Letter
MOTION to adjourn conference scheduled for 4/30/99 , Motion hearing (Toritto,
James) (Entered: 04/22/1999) |
|
04/12/1999 |
|
Endorsed
order dated 4/12/99 granting [239-1] motion to adjourn conference scheduled
for 4/30/99. Reset settlement conference for 3:00 4/28/99 before
Magistrate-Judge Arlene R. Lindsay ( Signed by Magistrate-Judge Arlene R.
Lindsay ) c/m endorsed on doc. #239 (Toritto, James) (Entered: 04/22/1999) |
|
04/15/1999 |
240 |
LETTER
dated 3/12/99 from Kelly Hnatt to Magistrate Lindsay RE: AICPA requests that
pltf's motion to compel be denied. (Toritto, James) (Entered: 04/22/1999) |
|
04/15/1999 |
241 |
ORDER
dated 4/15/99 denying pltfs' motion to compell the production of certain
documents relating to communications by and between dft BDO Seidman and the
nonparty AICPA and/or the AICPA's Quality Control Inquiry Committee ( signed
by Magistrate-Judge Arlene R. Lindsay ) c/m (Toritto, James) (Entered:
04/22/1999) |
|
04/23/1999 |
242 |
MAIL
RETURNED Order dated 4/15/99 forward to Syma Flunt returned on 4/23/99
(Toritto, James) (Entered: 04/28/1999) |
|
04/28/1999 |
|
Settlement
conference held (O'Hara, Karen) (Entered: 05/04/1999) |
|
04/28/1999 |
243 |
Calendar
entry: Before Mag. Judge Lindsay of 4/28/99 at 3:00p.m. Civil cause for
settlement conference. Case called. Counsel for both sides present. set jury selection for 9/27/99 before Judge Arthur D.
Spatt Settlement conference held- no possibility of settling as against BDO.
Discussion with respect to individual defendants to continue. So ordered. cm
(O'Hara, Karen) (Entered: 05/04/1999) |
|
04/28/1999 |
244 |
Calendar
entry: Before Judge Spatt on 4/28/99 at 9:00 a.m. Civil cause for pre-motion
conference. Case called. Cousel for all sides present. Pre-Motion conference
held. Case marked ready for trial set jury selection for 9:00 9/27/99 before
Judge Arthur D. Spatt Briefing schedule for summary judgment: 5/28/99 all
motions; 6/25/99 -opposition; 7/16/99 -reply (O'Hara, Karen) (Entered:
05/11/1999) |
|
05/05/1999 |
245 |
LETTER
dated 5/3/99 from Nicloe Anderson to Joel Strauss Re: Confirming our
conversation on 4/30/99 in which we agreed that BDO Seidmen, LLP will serve
its response to "Plaintiffs' objuections to the order of Mag. Judge
Lindsay dated 4/15/99 to you on 5/12/99 by hand delivery. (O'Hara, Karen)
(Entered: 05/12/1999) |
|
05/06/1999 |
246 |
LETTER
dated 5/5/99 from Allison Ross to Joel Strauss Re: Confirming our
conversation on Friday in which we agreed that the AICPA's response to
plaintiffs' objections to Maj. Judge Lindsay's order dated 4/15/99 in the
above referenced matter will be served on your office on 5/12/99. (O'Hara,
Karen) (Entered: 05/12/1999) |
|
05/14/1999 |
247 |
TRANSCRIPT
filed for [218-1] motion conference for dates of 1/22/99 at 10:15 a.m. before
Judge Arthur D. Spatt C/R: Owen Wicker (Toritto, James) (Entered: 05/14/1999) |
|
05/14/1999 |
248 |
LETTER
dated 5/10/99 from Joel Strauss to Magistrate Lindsay RE: Pltf request that
Mr. Martin be ordered to immediately produce all documents that were
requested of him during his deposition. (Toritto, James) (Entered:
05/14/1999) |
|
05/14/1999 |
249 |
LETTER
dated 5/14/99 from Nicole Anderson to Magistrate Lindsay RE: BDO reached an
agreement with Mr. Strauss that BDO will produce the documents specified in
Mr. Strauss' letter to the extent Mr. Martin has copies of them. (Toritto, James)
(Entered: 05/20/1999) |
|
05/25/1999 |
250 |
Letter
MOTION by Irwin Hirsh, Lloyd Myers requesting that the Court entertain a
further settlement conference , Motion hearing (Toritto, James) (Entered:
06/01/1999) |
|
05/25/1999 |
|
Endorsed
order granting [250-1] motion requesting that the Court entertain a further
settlement conference. Set settlement conference for 2:00 6/9/99 before
Magistrate-Judge Arlene R. Lindsay ( Signed by Magistrate-Judge Arlene R.
Lindsay, Dated 5/25/99) c/f (Toritto, James) (Entered: 06/01/1999) |
|
05/25/1999 |
251 |
LETTER
dated 5/24/99 from Joel Strauss to Clerk of Court RE: Enclosing pltf's
objections to the Order of Magistrate Judge Lindsay, memorandums in response
to objections and pltf's reply memorandum. (Toritto, James) (Entered:
06/02/1999) |
|
05/25/1999 |
252 |
PLAINTIFSS'
OBJECTION to the Order of Magistrate Judge Lindsay dated 4/15/99 (Toritto,
James) (Entered: 06/02/1999) |
|
05/25/1999 |
253 |
MEMORANDUM
by BDO Seidman, LLP in opposition to pltfs' [252-1] objection (Toritto,
James) (Entered: 06/02/1999) |
|
05/25/1999 |
254 |
Response
of the American Institute of Certified Public Accountants to pltfs' [252-1]
objections to the Order of Magistrate Judge Lindsay dated 4/15/99 (Toritto,
James) (Entered: 06/02/1999) |
|
05/25/1999 |
255 |
Pltfs'
REPLY to the MEMORANDUM OF LAW of BDO Seidman, LLP responding to pltfs'
objection to the Order of Magistrate Judge Lindsay dated 4/15/99 (Toritto,
James) (Entered: 06/02/1999) |
|
05/25/1999 |
256 |
Pltfs'
REPLY to the response of the American Institute of Certified Public
Accountants to pltfs' objections to the Order of Magistrate Judge Lindsay
dated 4/15/99 (Toritto, James) (Entered: 06/02/1999) |
|
06/01/1999 |
257 |
LETTER
dated 5/28/99 from Nicole Anderson to Joel Strauss RE: Enclosing BDO's motion
for summary judgment. (Toritto, James) (Entered: 06/03/1999) |
|
06/09/1999 |
290 |
Calendar
entry: Before Magistrate Lindsay on 6/9/99 at 2:00 p.m. Civil cause for
settlement conference. Case called. Counsel for all sides present. Case
settled on record as to dfts Hirsch & Myers. SO ORDERED (Toritto, James)
(Entered: 08/11/1999) |
|
06/14/1999 |
|
CASE
NO LONGER REFERRED TO Magistrate-Judge Arlene R. Lindsay as per calendaar dtd
June 9, 1999 (Garcia, Maria) (Entered: 08/05/1999) |
|
06/23/1999 |
258 |
TRANSCRIPT
filed for settlement conference before Magistrate Lindsay for dates of
6/10/99 - Diana Doman Transcribing (Toritto, James) (Entered: 06/24/1999) |
|
06/25/1999 |
259 |
LETTER
dated 6/23/99 from Hillary Sobel & Efrem Grail to Judge Spatt RE: Dfts
Irwin Hirsh & Lloyd Myers and the pltf class inform the Court they have
reached a resolution of all claims asserted in this case. (Toritto, James)
(Entered: 06/29/1999) |
|
06/30/1999 |
260 |
LETTER
dated 6/25/99 from Joel Strauss to Michael Young RE: Enclosing pltfs'
response to 56.1 statement, memorandum in opposition to summary judgment
motion, and affidavit of Joel Strauss. (Toritto, James) (Entered: 07/13/1999) |
|
06/30/1999 |
261 |
LETTER
dated 6/25/99 from Joel Strauss to John Poli RE: Enclosing pltfs memorandum
in opposition to motion for summary judgment of dft Virginia Belloise &
copy of affidavit of Joel Strauss in support of pltfs' opposition. (Toritto,
James) (Entered: 07/20/1999) |
|
07/16/1999 |
262 |
MOTION
by BDO Seidman, LLP for summary judgment , No Motion hearing (Toritto, James)
(Entered: 07/20/1999) |
|
07/16/1999 |
263 |
AFFIDAVIT
by Michael Young on behalf of BDO Seidman, LLP Re: in support of [262-1]
motion for summary judgment (Toritto, James) (Entered: 07/20/1999) |
|
07/16/1999 |
264 |
MEMORANDUM
by BDO Seidman, LLP in support of [262-1] motion for summary judgment
(Toritto, James) (Entered: 07/20/1999) |
|
07/16/1999 |
265 |
MEMORANDUM
by Wayne Alexander, Andrew Merson in opposition to [262-1] motion for summary
judgment (Toritto, James) (Entered: 07/20/1999) |
|
07/16/1999 |
266 |
Rule
56.1 Statement(formerly Rule 3(g) by Wayne Alexander, Andrew Merson re:
[262-1] motion for summary judgment (Toritto, James) (Entered: 07/20/1999) |
|
07/16/1999 |
267 |
SUPPLEMENTAL
AFFIDAVIT by Michael Young on behalf of BDO Seidman, LLP Re: in further
support of [262-1] motion for summary judgment (Toritto, James) (Entered:
07/20/1999) |
|
07/16/1999 |
268 |
REPLY
MEMORANDUM OF LAW by BDO Seidman, LLP in further support of [262-1] motion
for summary judgment (Toritto, James) (Entered: 07/20/1999) |
|
07/16/1999 |
269 |
LETTER
dated 7/16/99 from John Poli to Judge Spatt RE: Enclosing all motion papers
with respect to motion for summary judgment by the dft Virginia Belloise.
(Toritto, James) (Entered: 07/20/1999) |
|
07/16/1999 |
280 |
MOTION
by Virginia Belloise for summary judgment , Motion hearing (Toritto, James)
(Entered: 07/21/1999) |
|
07/16/1999 |
281 |
AFFIDAVIT
by Virginia Belloise Re: in support of [280-1] motion for summary judgment
(Toritto, James) (Entered: 07/21/1999) |
|
07/16/1999 |
282 |
MEMORANDUM
by Virginia Belloise in support of [280-1] motion for summary judgment
(Toritto, James) (Entered: 07/21/1999) |
|
07/16/1999 |
283 |
MEMORANDUM
by Wayne Alexander, Andrew Merson in opposition to [280-1] motion for summary
judgment (Toritto, James) (Entered: 07/21/1999) |
|
07/16/1999 |
284 |
AFFIDAVIT
by Joel Strauss on behalf of Wayne Alexander, Andrew Merson Re: in opposition
to [280-1] motion for summary judgment, & [262-1] motion for summary
judgment (Toritto, James) (Entered: 07/21/1999) |
|
07/16/1999 |
285 |
VOLUME
II OF EXHIBITS ANNEXED TO AFFIDAVIT by Joel Strauss on behalf of Wayne
Alexander, Andrew Merson Re: in opposition to [280-1] motion for summary
judgment, & [262-1] motion for summary judgment (Toritto, James)
(Entered: 07/21/1999) |
|
07/16/1999 |
286 |
REPLY
AFFIDAVIT by John G. Poli on behalf of Virginia Belloise Re: in further
support of [280-1] motion for summary judgment (Toritto, James) (Entered:
07/21/1999) |
|
07/16/1999 |
287 |
REPLY
MEMORANDUM OF LAW by Virginia Belloise in further support of [280-1] motion
for summary judgment (Toritto, James) (Entered: 07/21/1999) |
|
07/19/1999 |
270 |
LETTER
dated 7/16/99 from Hillary Sobel to Judge Spatt RE: Enclosing for filing
original documents regarding motion for summary judgment against dft Clifford
Hotte. (Toritto, James) (Entered: 07/20/1999) |
|
07/19/1999 |
271 |
MOTION
by Wayne Alexander, Andrew Merson for summary judgment against dft Clifford
Hotte , Motion hearing (Toritto, James) (Entered: 07/20/1999) |
|
07/19/1999 |
272 |
MEMORANDUM
by Wayne Alexander, Andrew Merson in support of [271-1] motion for summary judgment
against dft Clifford Hotte (Toritto, James) (Entered: 07/20/1999) |
|
07/19/1999 |
273 |
Rule
56.1 Statement(formerly Rule 3(g) by Wayne Alexander, Andrew Merson re:
[271-1] motion for summary judgment against dft Clifford Hotte (Toritto,
James) (Entered: 07/20/1999) |
|
07/19/1999 |
274 |
MEMORANDUM
by Clifford E. Hotte in opposition to [271-1] motion for summary judgment
against dft Clifford Hotte (Toritto, James) (Entered: 07/20/1999) |
|
07/19/1999 |
275 |
AFFIDAVIT
by Edward Wolf on behalf of Clifford E. Hotte Re: in opposition to [271-1]
motion for summary judgment against dft Clifford Hotte (Toritto, James)
(Entered: 07/20/1999) |
|
07/19/1999 |
276 |
REPLY
MEMORANDUM OF LAW by Wayne Alexander, Andrew Merson in further support of
[271-1] motion for summary judgment against dft Clifford Hotte (Toritto,
James) (Entered: 07/20/1999) |
|
07/19/1999 |
277 |
AFFIDAVIT
by Hillary Sobel on behalf of Wayne Alexander, Andrew Merson Re: in support
of [271-1] motion for summary judgment against dft Clifford Hotte (Toritto,
James) (Entered: 07/21/1999) |
|
07/19/1999 |
278 |
VOLUME
II OF EXHIBITS ANNEXED TO AFFIDAVIT by Hillary Sobel on behalf of Wayne
Alexander, Andrew Merson Re: in support of [271-1] motion for summary
judgment against dft Clifford Hotte (Toritto, James) (Entered: 07/21/1999) |
|
07/19/1999 |
279 |
VOLUME
III OF EXHIBITS ANNEXED TO AFFIDAVIT by Hillary Sobel on behalf of Wayne
Alexander, Andrew Merson Re: in support of [271-1] motion for summary
judgment against dft Clifford Hotte (Toritto, James) (Entered: 07/21/1999) |
|
07/26/1999 |
288 |
Letter
MOTION by Wayne Alexander, Andrew Merson for leave to file a Surreply
memorandum in opposition to dfts' motion for summary judgment , Motion
hearing (Toritto, James) (Entered: 08/03/1999) |
|
07/26/1999 |
|
Endorsed
order denying [288-1] motion for leave to file a Surreply memorandum in
opposition to dfts' motion for summary judgment. ( Signed by Judge Arthur D.
Spatt, on 7/26/99) c/m (Toritto, James) (Entered: 08/03/1999) |
|
07/27/1999 |
289 |
LETTER
dated 7/27/99 from Michael Young to Judge Spatt Re: Opposing pltfs' request
to file a "sur-reply" in further opposition to our motion for
summary judgment. (Toritto, James) (Entered: 08/03/1999) |
|
09/01/1999 |
291 |
Proposed
Voir dire questions by BDO Seidman, LLP (Toritto, James) (Entered:
09/03/1999) |
|
09/01/1999 |
299 |
NOTICE
of attorney change of address by Wayne Alexander, Andrew Merson (Toritto,
James) (Entered: 10/04/1999) |
|
09/07/1999 |
300 |
STIPULATION
OF SETTLEMENT with Irwin Hirsh and Lloyd N. Myers. (Toritto, James) (Entered:
10/04/1999) |
|
09/10/1999 |
292 |
Letter
MOTION by Irwin Hirsh, Lloyd Myers reqesting permission for Efrem Grail to
appear at 9/15/99 conference by telephone , Motion hearing (Toritto, James)
(Entered: 09/20/1999) |
|
09/10/1999 |
|
Endorsed
order granting [292-1] motion reqesting permission for Efrem Grail to appear
at 9/15/99 conference by telephone. ( Signed by Judge Arthur D. Spatt, on
9/10/99) c/m endorsed on doc. #2929 (Toritto, James) (Entered: 09/20/1999) |
|
09/13/1999 |
293 |
LETTER
dated 9/13/99 from Efrem Grail to All Counsel re: conference will take place
on 9/15/99 as planned. My request to participate by telephone was granted.
(Toritto, James) (Entered: 09/20/1999) |
|
09/15/1999 |
301 |
NOTICE
ORDER Set settlement conference for 1:30 11/12/99 before Judge Arthur D.
Spatt to determine whether the proposed settlement is fair and whether fianl
judgment should be entered dismissing the action as to claims asserted
therein against Hirsh and Myers on the merits with prejudice and without
costs; to consider the application of pltfs' counsel for reimbursement of
costs and disbursements; and to reserve jurisdiction to effect and enforce
the Settlement. ( signed by Judge Arthur D. Spatt, on 9/15/99) c/m (Toritto,
James) (Entered: 10/04/1999) |
|
09/15/1999 |
303 |
Calendar
entry: Before Judge Spatt on 9/15/99 at 9:25 a.m. Civil cause for conference.
Case called. Counsel for all sides present. Dfts Hirsh & Myers not taking
part in jury selection- approved by the court. (Toritto, James) (Entered:
10/13/1999) |
|
09/20/1999 |
294 |
LETTER
dated 9/17/99 from Nicole Anderson to Joel Strauss re: enclosing motion in
limine and memorandum in support of motion in support by BDO. (Toritto,
James) (Entered: 09/27/1999) |
|
09/24/1999 |
295 |
MOTION
by BDO Seidman, LLP in limine , Motion hearing (Toritto, James) (Entered:
09/28/1999) |
|
09/24/1999 |
296 |
MEMORANDUM
by BDO Seidman, LLP in support of [295-1] motion in limine (Toritto, James)
(Entered: 09/28/1999) |
|
09/24/1999 |
297 |
MEMORANDUM
by Wayne Alexander, Andrew Merson in opposition to [295-1] motion in limine
(Toritto, James) (Entered: 09/28/1999) |
|
09/24/1999 |
305 |
Proposed
Voir dire questions by Wayne Alexander, Andrew Merson (Toritto, James)
(Entered: 10/13/1999) |
|
09/24/1999 |
306 |
AFFIDAVIT
OF SERVICE by Mary Aranas on behalf of Wayne Alexander, Andrew Merson Re:
[305-1] voir dire jury (Toritto, James) (Entered: 10/14/1999) |
|
09/25/1999 |
298 |
MEMORANDUM
DECISION AND ORDER that the Order of the United States Magistrate Judge
Arlene R. Lindsay, dated on 4/15/99, denying the pltf's motion to compel, is
affirmed in all respects. ( signed by Judge Arthur D. Spatt, on 9/25/99) c/m
(Toritto, James) (Entered: 09/28/1999) |
|
09/27/1999 |
304 |
Calendar
entry: Before Judge Spatt on 9/27/99 at 9:00 a.m. Civil cause for jury
selection. Case called. Counsel for all sides present. Edward Gallion not
present. Court will hold an inquest. Mag. Pohorelsky's law clerk to select
jury. (Toritto, James) (Entered: 10/13/1999) |
|
09/27/1999 |
|
Jury
trial set at 9:00 10/6/99 on before Judge Arthur D. Spatt (Toritto, James)
(Entered: 10/13/1999) |
|
09/30/1999 |
332 |
LETTER
dated 9/29/99 from Jeffrey Zwerling to Judge Spatt re: entry of judgment
(Talbott, Thomas) (Entered: 11/29/1999) |
|
10/01/1999 |
302 |
TRIAL
BRIEFS by BDO Seidman, LLP (Toritto, James) (Entered: 10/05/1999) |
|
10/06/1999 |
|
Jury
trial held (Branciforte, Ralph) (Entered: 10/14/1999) |
|
10/06/1999 |
307 |
Calendar
entry: Before USDJ Spatt on 10/6/99 @ 10:30 AM. Civil Cause For Trial. Case
called. Counsel for parties present. C/R Harry Rapaport and Owen Wicker. Jury
sworn. Court's Preliminary Instructions. Opening statements heard. setting
Jury trial for 10:30 10/7/99 before Judge Arthur D. Spatt (Branciforte,
Ralph) (Entered: 10/14/1999) |
|
10/06/1999 |
|
Jury
selection held (Branciforte, Ralph) (Entered: 10/14/1999) |
|
10/06/1999 |
|
Jury
impaneled (Branciforte, Ralph) (Entered: 10/14/1999) |
|
10/07/1999 |
|
Jury
trial held (Branciforte, Ralph) (Entered: 10/14/1999) |
|
10/07/1999 |
308 |
Calendar
entry: Before USDJ Spatt on 10/7/99 @ 10:30 AM. Civil Cause For Trial. Case
called. Counsel for parties present. C/R Owen Wicker and Harry Rapaport.
Trial resumed. setting Jury trial for 10:30 10/12/99 before Judge Arthur D.
Spatt (Branciforte, Ralph) (Entered: 10/14/1999) |
|
10/13/1999 |
|
Jury
trial held (Branciforte, Ralph) (Entered: 10/14/1999) |
|
10/13/1999 |
309 |
Calendar
entry: Before USDJ Spatt on 10/13/99 @ 10:00 AM. Civil Cause For Trial. Case
called. Counsel for parties present. Trial resumes. setting Jury trial for
10:00 10/14/99 before Judge Arthur D. Spatt (Branciforte, Ralph) (Entered:
10/14/1999) |
|
10/13/1999 |
321 |
TRANSCRIPT
filed for jury trial for dates of 10/13/99 (Talbott, Thomas) (Entered:
10/28/1999) |
|
10/14/1999 |
|
Jury
trial held (Talbott, Thomas) (Entered: 10/27/1999) |
|
10/14/1999 |
310 |
Calendar
entry: before Judge Spatt on 10/14/99 at 10:00 for civil jury trial. Victor
Moore Continued testified. Mei Ya Tsai sworn, testified. Fred Burnstein
sworn, testified. set Jury trial for 9:30 10/18/99 before Judge Arthur D.
Spatt Court Reporter/ESR Harry Rapaport (Talbott, Thomas) (Entered:
10/27/1999) |
|
10/18/1999 |
|
Jury
trial set at 9:30 10/19/99 on before Judge Arthur D. Spatt (Talbott, Thomas)
(Entered: 10/27/1999) |
|
10/18/1999 |
311 |
Calendar
entry: on 10/18/99 at 9:30 before Judge Spatt for civil jury trial. Court
Reporter/ESR Harry Rapaport. Fred Burnstein continues to testify. Jill
Kurnich sworn testifies. Thomas Boyle sworn testifies. Virginia Bellrose sworn, testifies. (Talbott, Thomas) (Entered: 10/27/1999) |
|
10/19/1999 |
|
Jury
trial set at 9:30 10/20/99 on before Judge Arthur D. Spatt (Talbott, Thomas)
(Entered: 10/27/1999) |
|
10/19/1999 |
312 |
Calendar
entry: before Judge Spatt on 10/19/99 at 9:30 for civil jury trial. Court
Reporter/ESR Harry Rapaport. Donald Edward Martin sworn,
testifies. Yvonne Hickey sworn, testifies. Luis
Gomez sworn, testifies. (Talbott, Thomas) (Entered:
10/27/1999) |
|
10/20/1999 |
|
Jury
trial set at 9:00 10/21/99 on before Judge Arthur D. Spatt (Talbott, Thomas)
(Entered: 10/28/1999) |
|
10/20/1999 |
313 |
Calendar
entry: before Judge Spatt on 10/20/99 at 9:30 for civil jury trial. Court
Reporter/ESR Harry Rapaport. John Torkeson, sworn, testifies. Andrew Abue,
sworn, testifies. Both sides rest. Jury to return 10/25/99. (Talbott, Thomas)
(Entered: 10/28/1999) |
|
10/21/1999 |
|
Jury
trial set at 10:00 10/25/99 on before Judge Arthur D. Spatt (Talbott, Thomas)
(Entered: 10/28/1999) |
|
10/21/1999 |
314 |
Calendar
entry: before Judge Spatt on 10/21/99 at 9:00 for civil jury trial. Court
Reporter/ESR Harry Rapaport. Jury not present. Court holds pre-summation
charge conference. Conference to continue on 10/22/99 at 1:30. (Talbott,
Thomas) (Entered: 10/28/1999) |
|
10/22/1999 |
315 |
Calendar
entry: before Judge Spatt on 10/22/99 at 1:30 for civil jury trial. Court
Reporter/ESR Harry Rapaport. Jury not present. Pre-summation charge conf.
continued. Conference to continue on 10/25/99 at 8:00 a.m. (Talbott, Thomas)
(Entered: 10/28/1999) |
|
10/25/1999 |
|
Jury
trial set at 9:30 10/26/99 on before Judge Arthur D. Spatt (Talbott, Thomas)
(Entered: 10/28/1999) |
|
10/25/1999 |
316 |
Calendar
entry: before Judge Spatt on 10/25/99 at 8:00 for civil jury trial. Court
Reporter/ESR Harry Rapaport. Pre-summation charge conf. continued. Plas
summations. Dfts sumations. Plas rebuttal summations. Court charges jury.
Clerk sworn. Jury commences deliberations. (Talbott, Thomas) (Entered:
10/28/1999) |
|
10/26/1999 |
317 |
Order
of sustenance for 9 jurors, 1 Deputy Clerk ( Signed by Judge Arthur D. Spatt,
on 10/26/99) (Talbott, Thomas) (Entered: 10/28/1999) |
|
10/26/1999 |
318 |
TRANSCRIPT
filed for jury trial for dates of 10/6/99 (Talbott, Thomas) (Entered:
10/28/1999) |
|
10/26/1999 |
319 |
TRANSCRIPT
filed for jury trial for dates of 10/7/99 (Talbott, Thomas) (Entered:
10/28/1999) |
|
10/26/1999 |
320 |
TRANSCRIPT
filed for jury trial for dates of 10/12/99 (Talbott, Thomas) (Entered:
10/28/1999) |
|
10/26/1999 |
322 |
TRANSCRIPT
filed for EBT of Drew Bergman for dates of 10/6/99 (Talbott, Thomas)
(Entered: 10/28/1999) |
|
10/26/1999 |
323 |
TRANSCRIPT
filed for jury trial for dates of 10/14/99 (Talbott, Thomas) (Entered:
10/28/1999) |
|
10/26/1999 |
324 |
TRANSCRIPT
filed for jury trial for dates of 10/18/99 (Talbott, Thomas) (Entered:
10/28/1999) |
|
10/26/1999 |
325 |
TRANSCRIPT
filed for jury trial for dates of 10/19/99 (Talbott, Thomas) (Entered:
10/28/1999) |
|
10/26/1999 |
326 |
TRANSCRIPT
filed for jury trial for dates of 10/20/99 (Talbott, Thomas) (Entered:
10/28/1999) |
|
10/26/1999 |
327 |
TRANSCRIPT
filed for EBT of John Torkelsen for dates of 10/20/99 (Talbott, Thomas)
(Entered: 10/28/1999) |
|
10/26/1999 |
328 |
TRANSCRIPT
filed for jury trial for dates of 10/21/99 (Talbott, Thomas) (Entered:
10/28/1999) |
|
10/26/1999 |
329 |
Calendar
entry: before Judge Spatt on 10/26/99 at 9:30 for civil jury trial. C/R Harry
Rapaport. Jury deliberates. Jury reached a unanimous verdict in favor of the
dfts and against plas. Jury excused. Court exhibits 1-6 attached. terminated
past due deadlines (Talbott, Thomas) (Entered: 10/29/1999) |
|
11/12/1999 |
330 |
Calendar
entry: before Judge Spatt on 10/12/99 at 10:30 for civil jury trial. Court
Reporter/ESR Harry Rapaport. Victor Moore sworn,
testifies. (Talbott, Thomas) (Entered: 11/23/1999) |
|
11/12/1999 |
331 |
Calendar
entry: before Judge Spatt on 11/12/99 at 1:30 for civil settlement
conference. terminated past due deadlines Court Reporter/ESR Ronald tolkin
(Talbott, Thomas) (Entered: 11/29/1999) |
|
12/10/1999 |
333 |
TRANSCRIPT
filed for conference on date 11/12/99. C/R Ronald Tolkin 11/12/99 (Talbott,
Thomas) (Entered: 12/14/1999) |
|
12/17/1999 |
334 |
Calendar
entry: Before Judge Spatt on 12/17/99 @ 9:30 am. Civil Cause for Telephone
Status Conference. Case called. Counsel for all sides present. C/R: Ronald
Tolkin. Letter from Mr. Zwerling dated 11/19/99 RE: expenses. Court directs
that copies if all bills, detailed to be submitted to the court before the
court will entertain Mr. Zwerling's aplication for expenses & fees. (fe)
(Entered: 12/17/1999) |
|
12/23/1999 |
340 |
STIPULATION
OF SETTLEMENT WITH DREW BERGMAN ( unsigned by Judge Arthur D. Spatt)
(Talbott, Thomas) (Entered: 02/07/2000) |
|
12/23/1999 |
341 |
STIPULATION
OF SETTLEMENT WITH VIRGINIA BELLOISE ( unsigned by Judge Arthur D. Spatt)
(Talbott, Thomas) (Entered: 02/07/2000) |
|
12/23/1999 |
342 |
LETTER
dated 12/22/99 from Frederic Fox to Judge Spatt re: Documents attached are
Stipulation with Drew Bergman, Stipulation with Virginia Belloise, Final
Judgment as to Drew Bergman, Final Judgment as to Virginia Belloise, Notice
Order, Notice of Partial Settlements of Class Action, Summary
Notice. (Talbott, Thomas) (Entered: 02/07/2000) |
|
01/03/2000 |
335 |
FINAL
JUDGMENT AND ORDER OF PARTIAL DISMISSAL OF ACTION Court adopts all defined
terms as set forth in Stipulation. Pursuant to Rule 23 Court approves Partial
Setlement of Class Action set forth in Stipulation.(see document for rulings)
( signed by Judge Arthur D. Spatt, on 1/3/00) c/m (Movant to serve all
parties) , (Talbott, Thomas) (Entered: 01/06/2000) |
|
01/03/2000 |
336 |
ORDER
AWARDING REIMBURSEMENT OF EXPENSES Plas' counsel are
awarded reimbursement of costs and disbursements of $561,930.06 to be paid
from Settlement Fund. Co-lead Counsel to distribute expense award among plas'
counsel to reimburse counsel for expenses incurred. Jurisdiction reserved by
this Court over all matters relating to award of attorneys' fees and
reimbursement of expenses in litigation.( signed by Judge Arthur D. Spatt, on
1/3/99) c/m (Talbott, Thomas) (Entered: 01/06/2000) |
|
01/22/2000 |
337 |
NOTICE
ORDER, set settlement conference for 9:00 3/24/00 before Judge Arthur D.
Spatt ( signed by Judge Arthur D. Spatt, on 1/22/00) c/m (Talbott, Thomas)
(Entered: 01/27/2000) |
|
01/25/2000 |
338 |
DEFENDANTS'
PROPOSED SPECIAL VERDICT SHEET (Talbott, Thomas) (Entered: 01/27/2000) |
|
01/25/2000 |
339 |
PLAINTIFF'S
REQUESTS TO CHARGE (Talbott, Thomas) (Entered: 01/27/2000) |
|
02/07/2000 |
343 |
AFFIDAVIT
by Giovanna Silvera on behalf of Wayne Alexander, Andrew Merson Re: service
of 1/3/00 Judgment (Talbott, Thomas) (Entered: 02/08/2000) |
|
03/10/2000 |
344 |
MEMORANDUM
OF DECISION and ORDER denying [271-1] motion for summary judgment against dft
Clifford Hotte, denying [280-1] motion for summary judgment, denying [262-1]
motion for summary judgment. Based on the jury's verdict, the Clerk of the
Court is directed to enter judgment in favor of the dft BDO Seidman, LLP on
all claims. ( signed by Judge Arthur D. Spatt, on 3/10/00) c/m (Talbott,
Thomas) (Entered: 03/13/2000) |
|
03/15/2000 |
345 |
AFFIDAVIT
by Ellen Riley on behalf of Wayne Alexander, Andrew Merson Re: mailing of the
Notice of Partial Settlement of Class Action and publication of [337-1] order
set settlement conference for 9:00 3/24/00 before Judge Arthur D. Spatt
(Talbott, Thomas) (Entered: 03/17/2000) |
|
03/16/2000 |
347 |
Letter
MOTION by Wayne Alexander, Andrew Merson to extend time/ adjourn the 3/24/00
conference (Talbott, Thomas) (Entered: 03/27/2000) |
|
03/20/2000 |
346 |
PARTIAL
JUDGMENT for BDO Seidman, LLP against Wayne Alexander. Plaintiff Wayne
Alexander, on behalf of himself and all others similarly situated, take
nothing of the dft BDO Seidman, LLP; the complaint is hereby dismissed as to
dft BDO Seidman, LLP. (signed by Joseph DiTalia, Deputy Clerk-in-Charge, on
3/20/00) c/m , (Talbott, Thomas) (Entered: 03/21/2000) |
|
03/23/2000 |
354 |
AFFIDAVIT
of Fred S. Fox Re: In support of [352-1] judgment order, and partial
settlement with Drew Bergman and in support of [350-1] judgment order and
partial settlement with Virginia Belloise and Application for Fees and
Expenses (Barhome, Sydelle) (Entered: 04/27/2000) |
|
03/23/2000 |
355 |
MEMORANDUM
in support Final Approval of the Proposed Partial Class Action Settlements
and Application for Fees and Expenses (Barhome, Sydelle) (Entered:
04/27/2000) |
|
03/23/2000 |
356 |
CERTIFICATE
OF SERVICE, 3/23/00 upon dfts' counsel (Barhome, Sydelle) (Entered:
04/27/2000) |
|
03/24/2000 |
|
Endorsed
order granting [347-1] motion to extend time/ adjourn the 3/24/00 conference,
reset settlement conference for 11:30 4/7/00 before Judge Arthur D. Spatt (
Signed by Judge Arthur D. Spatt, on 3/24/00) c/m (Talbott, Thomas) (Entered:
03/27/2000) |
|
03/28/2000 |
348 |
Proposed
Bill of costs filed by BDO Seidman, LLP (Talbott, Thomas) (Entered:
03/28/2000) |
|
04/05/2000 |
349 |
PLAINTIFFS'
OBJECTIONS, PURSUANT TO LOCAL RULE 54.1(B) TO DEFENDANT BDO SEIDMAN'S BILL OF
COSTS by Wayne Alexander, Andrew Merson in opposition to [348-1] proposed
bill of costs (Talbott, Thomas) (Entered: 04/05/2000) |
|
04/18/2000 |
350 |
Final
JUDGMENT and Order of Partial Dismissal of Action as against Drew W. Bergman
( signed by Judge Arthur D. Spatt , on 4/19/00) , (Barhome, Sydelle) (Entered:
04/27/2000) |
|
04/18/2000 |
359 |
NOTICE
OF APPEAL by Wayne Alexander Fee Paid $ 105.00 Receipt # 231092 Notice of
Appeal, certified copy of docket sheet and notice of appeal cover memo sent
to USCA appealing [346-1] partial judgement and [344-1] memorandum and order.
(Harper, Karene) (Entered: 04/28/2000) |
|
04/18/2000 |
360 |
Calendar
entry: Before Judge Spatt on 4/18/00 at 9:10 a.m., civil cause for settlement
conference. Counsel for all sides present. Settlement conf held. settlement placed on the record as to V. Bellvise and Drew
Bergman Court approves settlement. Court signs order. Class plaintiffs application for $78,000 in expenses and $60,000
for fees is approved by the court with no opposition from counsel for
Bellvise and Bergman. As to deft Dr. Hotte: default judgment with attached
summary as to damages and requests. Copies to Mr. Hotte and his counsel with
return date. Court Reporter/ESR Owen Wicker (Mahon, Cinthia) (Entered:
05/05/2000) |
|
04/20/2000 |
351 |
CERTIFICATE
OF SERVICE by Wayne Alexander, Andrew Merson of Final Judgement, 4/20/00 on
Drew Bergman (Barhome, Sydelle) (Entered: 04/27/2000) |
|
04/20/2000 |
352 |
Final
JUDGMENT and Order of Partial Dismissal of Action against Virginia Belloise (
signed by Judge Arthur D. Spatt , on 4/19/00) , (Barhome, Sydelle) (Entered:
04/27/2000) |
|
04/20/2000 |
353 |
CERTIFICATE
OF SERVICE by Wayne Alexander, Andrew Merson on 4/20/00 on Virginia Belloise
(Barhome, Sydelle) (Entered: 04/27/2000) |
|
04/20/2000 |
357 |
ORDER,
dtd. 4/18/00: Awarding Attorneys' Fees and Reimbursement of Expenses Plfs'
counsel are awarded attorneys' fees in the amount of $60,000 and
reimbrusement of costs and disbursements expended and/or incurred in the
total amount of $78,000 to be paid and deducted from the Settlement Fund etc.
Jurisdiction is hereby reserved by the court over all matters relating to the
award of attorneys' fees and reimbursement of expenses in this litigation. (
signed by Judge Arthur D. Spatt , on 4/18/00) (Barhome, Sydelle) (Entered:
04/27/2000) |
|
04/20/2000 |
358 |
CERTIFICATE
OF SERVICE, of Order Awarding Attorneys' Fees and Reimbursement of Expenses,
on 4/20/00 (Barhome, Sydelle) (Entered: 04/27/2000) |
|
04/28/2000 |
|
Notice
of Appeal and Certified copy of docket sheet as to Wayne Alexander sent to
USCA: [359-1] appeal (Harper, Karene) (Entered: 04/28/2000) |
|
05/19/2000 |
361 |
LETTER
dated 5/17/00 from Ira Greenberg to Judge Spatt re: parties have settled
differences, BDO withdraws request for costs (Talbott, Thomas) (Entered:
05/25/2000) |
|
05/22/2000 |
363 |
LETTER
dated 5/17/00 from Ira Greenberg to Judge Spatt re: the parties have settles
(Talbott, Thomas) (Entered: 05/30/2000) |
|
05/25/2000 |
|
Endorsment
[363-1] letter, the case is closed. ( Signed by Judge Arthur D. Spatt, on
5/25/00) c/m (Talbott, Thomas) (Entered: 05/30/2000) |
|
05/25/2000 |
|
Case
closed (Talbott, Thomas) (Entered: 05/30/2000) |
|
05/30/2000 |
362 |
USCA
Scheduling Order: [359-1] appeal Appeal record due by 7/5/00
. USCA Number: 00-7524 Appellant's brief due 7/10/00. Appellee's brief
due 8/9/00. Argument set for 9/18/00. *Pre-argument conference notice
annexed, pre-argument conference scheduled for 6/16/00 at 10:00 a.m. (Harper,
Karene) (Entered: 05/30/2000) |
|
06/16/2000 |
364 |
MANDATE
OF USCA (certified copy) that the plaintiff-appellant Wayne alexander, on
behalf of himself and all others similarly situated,
hereby withdraws his appeal to the U.S. Court of Appeals for the Second
Circuit. Each party shall bear his/its own costs. Acknowledgment mailed to
the USCA. Copy of mandate forwarded to chambers. (Mahon, Cinthia) (Entered:
06/21/2000) |
|
02/20/2001 |
365 |
MOTION
by Wayne Alexander for an Order of stipulation of Settlement directing
distribution from the Net Settlement Fund to class members whose proofs of
claim have been accepted , Motion hearing [365-1] motion Motion file stamped:
2/20/01 (Barhome, Sydelle) (Entered: 02/22/2001) |
|
02/20/2001 |
366 |
AFFIDAVIT
by Wayne Alexander, Andrew Merson Re: In support of plfs' motion for an order
approving the administrative determinations of the Claims Administrator, The
Garden City Group etc. and in support of [365-1] motion for an Order of
stipulation of Settlement directing distribution from the Net Settlement Fund
to class members whose proofs of claim have been accepted (Barhome, Sydelle)
(Entered: 02/22/2001) |
|
02/20/2001 |
367 |
AFFIDAVIT
of Ellen Riley forWayne Alexander, Andrew Merson Re: [365-1] motion for an
Order of stipulation of Settlement directing distribution from the Net
Settlement Fund to class members whose proofs of claim have been accepted She
mailed to 5,731 shareholders of record of Health Management Inc. to advise
them of the Final Partial Settlement of the Litigation between the plfs and
dfts Bergman and Beloise in this action. (Barhome, Sydelle) (Entered:
02/22/2001) |
|
04/12/2001 |
368 |
ORDER
granting [365-1] motion for an Order of stipulation of Settlement directing
distribution from the Net Settlement Fund to class members whose proofs of
claim have been accepted Court retains jurisdiction over any further
application or matter which may arise in connection with this action (signed
by Judge Arthur D. Spatt , on 4/10/01) (Barhome, Sydelle) (Entered:
04/12/2001) |
|
12/18/2009 |
MOTION
for Disbursement of Funds (Ex-Parte) by Wayne Alexander, Andrew
Merson. (Attachments: # 1 Proposed Order
Proposed Order Approving Distribution of Remaining Net Settlement Fund, # 2 Affidavit
Affidavit of Stephen J. Cirami in Support of Distribution of Remaining Net
Settlement Fund, # 3
Affidavit Joint Declaration of Joel B Strauss and Jeffrey C. Zwerling in
Support of Plaintiffs' Ex-Parte Motion for Distribution of Remaining Net
Settlement Fund) (Zwerling, Jeffrey) (Entered: 12/18/2009) |
|
|
12/22/2009 |
LETTER
dated 12/18/09 from Jeffrey C. Zwerling to Judge Spatt Re: Requesting that
the application of Plaintiff's Co-Lead Counsel for an approving the
distribution of remaining settlement funds to class participants be granted. (Coleman, Laurie) (Entered: 12/29/2009) |
|
|
12/23/2009 |
|
ENDORSED
ORDER Re: 370
Letter - An in-court conference is set for 1/7/10 at 10:30 a.m. in Coutroom
1020. Signed by Senior Judge Arthur D. Spatt on 12/23/2009.EOD #370.
(Coleman, Laurie) (Entered: 12/29/2009) |
|
01/07/2010 |
ORDER
Re: 369
[Proposed] Order Approving Distribution of Remaining Net Settlement Fund.
Signed by Senior Judge Arthur D. Spatt on 1/7/10. (Coleman, Laurie) (Entered:
01/14/2010) |
|
|
01/08/2010 |
AFFIDAVIT/AFFIRMATION
Supplemental Affidavit of Stephen J. Cirami in Support of Distribution of
Remaining Net Settlement Fund by Wayne Alexander (Zwerling, Jeffrey)
(Entered: 01/08/2010) |
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