Docket as of April 26, 1999 [retrieved 8/7/99] Proceedings include all events. TERMED 0:98cv74 In re: Rainforest Cafe Inc ATYADM TERMED ATYADM U.S. District Court District of Minnesota CIVIL DOCKET FOR CASE #: 98-CV-74 In re: Rainforest Cafe Inc Filed: 01/14/98 Assigned to: Judge Richard H Kyle Jury demand: Both Referred to: Magistrate Judge John Milton Mason Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:78m(a) Securities Exchange Act RAINFOREST CAFE, INC. SECURITIES LITIGATION In re ------------------------- EMANUEL MASSING, On Behalf of Jack L Chestnut Himself and All Others FAX 6123362940 Similarly Situated [COR LD NTC] plaintiff Karl L Cambronne FAX 6123362940 [COR LD NTC] Chestnut & Brooks 3700 Piper Jaffray Twr 222 S 9th St Mpls, MN 55402 (612) 339-7300 Fred T Isquith FAX 12125454653 [COR LD NTC] Wolf Haldenstein Adler Freeman & Herz 270 Madison Ave New York, NY 10016 212-545-4600 Leonard Barrack [COR LD NTC] UNKNOWN Charles J Piven [COR LD NTC] Piven Law Office 111 Calvert St S Ste 2700 Baltimore, MD 21202 (410) 332-0030 Bryan Lee Crawford FAX 6123384692 [COR LD NTC] Kent M Williams FAX 6123384692 [COR LD NTC] Stacey L Mills FAX 6123384692 [COR LD NTC] Heins Mills & Olson 700 Northstar E 608 2nd Ave S Mpls, MN 55402 (612) 338-4605 Robert A Hoffman [COR LD NTC] Jeffrey G Smith [COR LD NTC] Robert J Berg [COR LD NTC] Daniel E Bacine [COR LD NTC] Samuel H Rudman [COR LD NTC] Shane T Rowley [COR LD NTC] Stanley Bernstein [COR LD NTC] Steven G Shulman [COR LD NTC] Daniel W Krasner [COR LD NTC] Gregory M Nespole [COR LD NTC] Sharon Levine Mirsky [COR LD NTC] Daniel B Scotti [COR LD NTC] Sandy A Liebhard [COR LD NTC] Not Admitted JAMES HISS Karl L Cambronne plaintiff (See above) [COR LD NTC] Fred T Isquith (See above) [COR LD NTC] Leonard Barrack (See above) [COR LD NTC] Bryan Lee Crawford (See above) [COR LD NTC] Kent M Williams (See above) [COR LD NTC] Stacey L Mills (See above) [COR LD NTC] Robert A Hoffman (See above) [COR LD NTC] Robert J Berg (See above) [COR LD NTC] Daniel E Bacine (See above) [COR LD NTC] Stanley Bernstein (See above) [COR LD NTC] Daniel W Krasner (See above) [COR LD NTC] Gregory M Nespole (See above) [COR LD NTC] Sharon Levine Mirsky (See above) [COR LD NTC] Daniel B Scotti (See above) [COR LD NTC] Sandy A Liebhard (See above) [COR LD NTC] JACK FLORIO Karl L Cambronne plaintiff (See above) [COR LD NTC] Leonard Barrack FAX 12155682996 [COR LD NTC] Barrack Rodos & Bacine 3300 Two Commerce Sq 2001 Market St Philadelphia, PA 19103 (215) 963-0600 Fred T Isquith (See above) [COR LD NTC] Bryan Lee Crawford (See above) [COR LD NTC] Kent M Williams (See above) [COR LD NTC] Stacey L Mills (See above) [COR LD NTC] Robert A Hoffman (See above) [COR LD NTC] Robert J Berg (See above) [COR LD NTC] Daniel E Bacine (See above) [COR LD NTC] Stanley Bernstein (See above) [COR LD NTC] Daniel W Krasner (See above) [COR LD NTC] Gregory M Nespole (See above) [COR LD NTC] Sharon Levine Mirsky (See above) [COR LD NTC] Daniel B Scotti (See above) [COR LD NTC] Sandy A Liebhard (See above) [COR LD NTC] SHIRLEY BENJAMIN Karl L Cambronne plaintiff (See above) [COR LD NTC] Leonard Barrack (See above) [COR LD NTC] Fred T Isquith (See above) [COR LD NTC] Bryan Lee Crawford (See above) [COR LD NTC] Kent M Williams (See above) [COR LD NTC] Stacey L Mills (See above) [COR LD NTC] Robert A Hoffman (See above) [COR LD NTC] Robert J Berg (See above) [COR LD NTC] Daniel E Bacine (See above) [COR LD NTC] Stanley Bernstein (See above) [COR LD NTC] Daniel W Krasner (See above) [COR LD NTC] Gregory M Nespole (See above) [COR LD NTC] Sharon Levine Mirsky (See above) [COR LD NTC] Daniel B Scotti (See above) [COR LD NTC] Sandy A Liebhard (See above) [COR LD NTC] JAMES ZIMMERMAN Karl L Cambronne plaintiff (See above) [COR LD NTC] Fred T Isquith (See above) [COR LD NTC] Leonard Barrack (See above) [COR LD NTC] Bryan Lee Crawford (See above) [COR LD NTC] Kent M Williams (See above) [COR LD NTC] Stacey L Mills (See above) [COR LD NTC] Robert A Hoffman (See above) [COR LD NTC] Robert J Berg (See above) [COR LD NTC] Daniel E Bacine (See above) [COR LD NTC] Stanley Bernstein (See above) [COR LD NTC] Daniel W Krasner (See above) [COR LD NTC] Gregory M Nespole (See above) [COR LD NTC] Sharon Levine Mirsky (See above) [COR LD NTC] Daniel B Scotti (See above) [COR LD NTC] Sandy A Liebhard (See above) [COR LD NTC] THOMAS OBINGER Karl L Cambronne plaintiff (See above) [COR LD NTC] Fred T Isquith (See above) [COR LD NTC] Leonard Barrack (See above) [COR LD NTC] Bryan Lee Crawford (See above) [COR LD NTC] Kent M Williams (See above) [COR LD NTC] Stacey L Mills (See above) [COR LD NTC] Robert A Hoffman (See above) [COR LD NTC] Robert J Berg (See above) [COR LD NTC] Daniel E Bacine (See above) [COR LD NTC] Stanley Bernstein (See above) [COR LD NTC] Daniel W Krasner (See above) [COR LD NTC] Gregory M Nespole (See above) [COR LD NTC] Sharon Levine Mirsky (See above) [COR LD NTC] Daniel B Scotti (See above) [COR LD NTC] Sandy A Liebhard (See above) [COR LD NTC] WAYNE STERN Steven G Schulman plaintiff [COR LD NTC] [term 07/31/98] UNKNOWN Samuel D Heins [COR LD NTC] Stacey L Mills (See above) [COR LD NTC] Heins Mills & Olson 700 Northstar E 608 2nd Ave S Mpls, MN 55402 (612) 338-4605 Andrew L Barroway [COR LD NTC] Stanley Bernstein (See above) [COR LD NTC] Not Admitted SHERRY BERNSTEIN, on behalf of Steven G Schulman themselves and all others (See above) similarly situated [COR LD NTC] plaintiff [term 07/31/98] Samuel D Heins (See above) [COR LD NTC] Stacey L Mills (See above) [COR LD NTC] Andrew L Barroway (See above) [COR LD NTC] Stanley Bernstein (See above) [COR LD NTC] DAVID MALTZ, on behalf of Samuel D Heins himself and all others (See above) similarly situated [COR LD NTC] plaintiff Bryan Lee Crawford [term 07/31/98] (See above) [COR LD NTC] Stacey L Mills (See above) [COR LD NTC] v. LYLE A BERMAN Wendy J Wildung defendant [COR LD NTC] Robert Lee Schnell, Jr FAX 6123363026 [COR LD NTC] Ahna M Thoresen Severts [COR LD NTC] Faegre & Benson 2200 Norwest Ctr 90 S 7th St Mpls, MN 55402-3901 (612) 336-3000 MARK S ROBINOW Wendy J Wildung defendant (See above) [COR LD NTC] Robert Lee Schnell, Jr (See above) [COR LD NTC] Ahna M Thoresen Severts (See above) [COR LD NTC] STEVEN W SCHUSSLER Wendy J Wildung defendant (See above) [COR LD NTC] Robert Lee Schnell, Jr (See above) [COR LD NTC] Ahna M Thoresen Severts (See above) [COR LD NTC] ERCU UCAN Wendy J Wildung defendant (See above) [COR LD NTC] Robert Lee Schnell, Jr (See above) [COR LD NTC] Ahna M Thoresen Severts (See above) [COR LD NTC] KENNETH W BRIMMER Wendy J Wildung defendant (See above) [COR LD NTC] Robert Lee Schnell, Jr (See above) [COR LD NTC] Ahna M Thoresen Severts (See above) [COR LD NTC] MARK BARTHOLOMAY Wendy J Wildung defendant (See above) [COR LD NTC] Robert Lee Schnell, Jr (See above) [COR LD NTC] Ahna M Thoresen Severts (See above) [COR LD NTC] GREGORY C CAREY defendant RAINFOREST CAFE, INC Ahna M Thoresen Severts defendant (See above) [COR LD NTC] 1/14/98 1 CLASS ACTION COMPLAINT - Summons issued. Assigned to Judge Richard H. Kyle per Securities list and referred to Magistrate Judge John M. Mason (17pgs) AD# 4-98AD31 (gb) [Entry date 01/15/98] [0:98cv74] 1/14/98 -- Referred out of state attorney: Jeffrey G. Smith, Shane T. Rowley, Charles J. Piven to Mpls admission clerk. (gb) [Entry date 01/15/98] [0:98cv74] 1/20/98 2 RETURN OF SERVICE (Summons & Cmplt) executed upon dfts Lyle A Berman, Mark S Robinow, Steven W Schussler, Ercu Ucan, Kenneth W Brimmer, Mark Bartholomay, Gregory C Carey, Rainforest Cafe, Inc on 1/14/98 2pgs (pk) [0:98cv74] 1/29/98 3 PETITION AND ORDER for admission pro hac vice ( Clerk Francis E. Dosal ) on behalf of plaintiff by Charles Piven. 1pg (vem) [0:98cv74] 1/29/98 4 ORDER FOR REASSIGNMENT OF REALTED CASES ( Judge Richard H. Kyle / 1/23/98; Judge James R. Rosenbaum / 1/28/98) case CIV 98-79 is reassigned to Judge Richard H Kyle. (cc: all counsel) (mc) [Entry date 01/30/98] [0:98cv74] 2/23/98 5 ORDER (Judge Richard H. Kyle / 2/13/98 / Judge John R. Tunheim / 2/23/98) reassigning 98-154 to Judge Kyle as a related case (cc: all counsel) (1 pg) (dl) [Entry date 02/24/98] [0:98cv74] 3/9/98 6 NOTICE OF APPEARANCE for defendants. (1 pg) (mc) [Entry date 03/10/98] [0:98cv74] 3/16/98 7 DEMAND for jury trial by plaintiff (2 pgs) (jr) [Entry date 03/17/98] [0:98cv74] 3/16/98 8 MOTION by plaintiff for leave of Court appointing lead pltfs and approval of their selection of counsel ( to Magistrate Judge John M. Mason ) Ret. 4/16/98 at 9:00 a.m. (5 pgs) (jr) [Entry date 03/17/98] [0:98cv74] 3/16/98 -- Pro hac vice request on behalf of attys., Isquith, Shulman Rudman, Bernstein, Liebhard, Barrack, Bacine, Hoffman, Schiffrin, Barroway, Block, McDonough (jr) [Entry date 03/17/98] [0:98cv74] 3/16/98 9 MEMORANDUM by plaintiff in support of motion for leave of Court appointing lead pltfs and approval of their selection of counsel [8-1] (13 pgs) (jr) [Entry date 03/17/98] [0:98cv74] 3/16/98 10 AFFIDAVIT of Fred Taylor Isquith regarding motion for leave of Court appointing lead pltfs and approval of their selection of counsel [8-1] (1 pg + exhibits) (separate) (jr) [Entry date 03/17/98] [0:98cv74] 3/23/98 11 AMENDED NOTICE OF MOTION by plaintiffs for leave of Court appointing lead pltfs and approval of their selection of counsel [8-1] at 9:00 a.m. on 4/20/98 (5pgs) (gb) [0:98cv74] 3/25/98 12 ORDER OF REASIGNMENT OF RELATED CASES ( Judge Richard H. Kyle / 3/23/98; Judge Ann D. Montgomery) CV 98-608 be assigned to Judge Richrd H. Kyle per securities list, and referred to Magisrate Judge Mason. (cc: all counsel) (1 pg) (mc) [0:98cv74] 3/25/98 13 SECOND AMENDED NOTICE OF MOTION by plaintiff for leave of Court appointing lead pltfs and approval of their selection of counsel ( to Magistrate Judge John M. Mason ) [8-1] at 10:00 a.m. on 5/6/98 (6pgs) (gb) [Entry date 03/26/98] [0:98cv74] 4/2/98 14 PETITION AND ORDER for admission pro hac vice ( Clerk Francis E. Dosal ) on behalf of Emanuel Massing by Fred Taylor Isquith. 1pg (vem) [0:98cv74] 4/2/98 15 ORDER FOR REASSIGNMENT OF RELATED CASES ( Judge Richard H. Kyle / 4/1/98 & Judge Michae J. Davis /4/2/98 ) Related case 98-780 reassigned to Judge Richard H. Kyle and referred to Magistrate Judge John M. Mason. (cc: all counsel) (1pg) (gb) [Entry date 04/06/98] [0:98cv74] 4/3/98 16 ORDER FOR REASSIGNMENT OF RELATED CASES ( Judge Richard H. Kyle / 4/1/98, Judge Ann D. Montgomery / 4/2/98) that case 98-53 be assigned to Judge Richard H. Kyle per securities list (cc: all counsel) (1 pg) (mc) [Entry date 04/07/98] [0:98cv74] 4/3/98 17 ORDER FOR REASSIGNMENT OF RELATED CASES ( Judge Richard H. Kyle / 3/27/98, Judge David S. Doty/ 4/2/98) that 98-662 be assigned to Judge Richard H. Kyle per the securities list. (cc: all counsel) (1 pg) (mc) [Entry date 04/08/98] [0:98cv74] 4/21/98 18 ORDER FOR REASSIGNMENT OF RELATED CASES ( Judge Richard H. Kyle / 4/17/98; Judge Ann D. Montgomery/ 4/20/98) that case no. 98-834 be assigned to Judge Richard H. Kyle, nunc pro tunc. (cc: all counsel) (mc) [0:98cv74] 4/29/98 19 MEMORANDUM by defendants in opposition to motion for leave of Court appointing lead pltfs and approval of their selection of counsel [8-1] (14 pgs) (sh) [Entry date 04/30/98] [0:98cv74] 4/29/98 20 AFFIDAVIT of Ahna M. Thoresen regarding motion for leave of Court appointing lead pltfs and approval of their selection of counsel [8-1] (3+ pgs) (sh) [Entry date 04/30/98] [0:98cv74] 5/6/98 21 MINUTES:( Magistrate Judge John M. Mason / ) Pltfs motion for appt. of lead counsel. Recess taken. Parties will submit additional pleadings. (gb) [Entry date 05/07/98] [0:98cv74] 5/19/98 22 Amended NOTICE by plaintiff re-setting hearing for motion for leave of Court appointing lead pltfs and approval of their selection of counsel ( to Magistrate Judge John M. Mason ) [8-1] at 3:30 6/2/98 (8 pgs) (sh) [Entry date 05/20/98] [0:98cv74] 6/2/98 23 MINUTES ( Magistrate Judge John M. Mason ) [8] [11] [13] Pltf's motion for appointment as lead counsel (continued); no appearance in opposition; motion granted; written order will issue (1 pg) (sh) [Entry date 06/04/98] [0:98cv74] 6/3/98 24 NOTICE of Pretrial Conference (Magistrate Judge John M. Mason) pretrial conference set for 10:00 8/17/98 before JMM ; Rule 26(f) report ddl set for 8/10/98 (copies mailed from chambers) (3 pgs) (sh) [Entry date 06/04/98] [0:98cv74] 6/3/98 25 ORDER for Consolidation and Appointment of Lead Pltfs and Counsel ( Magistrate Judge John M. Mason ) 1. Pursuant to the provisions of Rule 42(a), the matters of Emanuel Massing v. Lyle Berman, et al., Civil No. 98-74 (RHK/JMM), Wayne Stern, et al. v. Rainforest Cafe, Inc., et al., Civil No. 98-79 (RHK/JMM), Thomas R. Obinger v. Lyle Berman, et al., Civil No. 98-154 (RHK/JMM), and David Maltz v. Rainforest Cafe, Inc., et al., Civil No. 98-780 (RHK/JMM) are consolidated for all purposes. The clerk may close Civil No. 98-79 (RHK/JMM), Civil No. 98-154 (RHK/JMM), and Civil No. 98-780 (RHK/JMM), and merge the contents thereof with Civil File No. 98-74 (RHK/JMM). 2. All pleadings hereafter filed in these consolidated matters shall bear the caption In Re Rainforest Cafe, Inc. Securities Litigation, Civil File No. 98-74 (RHK/JMM). 3. The following persons are appointed as Lead Pltfs pursuant to the provisions of 15 USC 78u-4(a)(3)(B): Emanuel Massing, James Hiss, Jack Florio, Shirley Benjamin, James Zimmerman and Thomas Obinger. 4. The Court approves the selection of Daniel Krasner, Esq. of the firm of Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel for Pltfs, and Stacey Mills, Esq. of the firm of Heins, Mills and Olsen, P.L.C. as Liaison Counsel for Pltfs. 5. No later than 7/3/98 Pltfs shall serve and file a single consolidated amended complaint in accordance with the Rules of this Court. Dfts shall serve and file their response to the consolidated amended complaint within 30 days after service (consolidating cases ( to Judge Richard H. Kyle ) 0:98-cv-74 with member cases 0:98-cv-79, 0:98-cv-154, 0:98-cv-780) (cc: all counsel) (4 pgs) (sh) [Entry date 06/04/98] [Edit date 03/04/99] [0:98cv74] 6/3/98 43 Original case 98-79 RHK/JMM, Stern v. Rainforest Cafe, docket items 1 - 9, are merged into this action pursuant to consolidation order of 6/3/98 (separate) (sh) [Entry date 03/04/99] [Edit date 03/04/99] [0:98cv74] 6/3/98 44 Original case 98-154 RHK/JMM, Obinger v Berman, docket items 1 - 9, are merged into this action pursuant to consolidation order of 6/3/98 (separate) (sh) [Entry date 03/04/99] [0:98cv74] 6/3/98 45 Original case 98-780 RHK/JMM, Maltz v. Rainforest Cafe, docket items 1 - 9, are merged into this action pursuant to consolidation order of 6/3/98 (separate) (sh) [Entry date 03/04/99] [0:98cv74] 6/29/98 26 STIPULATION AND ORDER ( Magistrate Judge John M. Mason /6/26/98 ) That the matters of Amy Stern v. Rainforest Cafe, Inc., et al., Civ. 98-53 RHK/JMM, Patricia tempest v. Rainforest Cafe, Inc., et al., Civ. 98-608 RHK/JMM, and Rosalie Cutter v. Rainforest Cafe, Inc., et al., Civ. 98-834 RHK/JMM, are consolidated with In Re: Rainforest Cafe, Inc. Securities Litigation, Civ. 98-74 RHK/JMM, for all purposes. The Clerk may close civ. 98-53, 98-608 and 98-834. (cc: all counsel) (4pgs) (gb) [Entry date 06/30/98] [0:98cv74] 6/29/98 27 STIPULATED CASE MANAGEMENT ORDER ( Magistrate Judge John M. Mason/6/26/98 ) That any other actions pending subsequently filed or transferred to this court which arise out of the acts or transactions alleged in the Consolidated Action, and are brought either individually or as a class action, will be reassigned to Judge Richard H. Kyle and consolidated herewith when they are called to the Court's attention. The Clerk of the Court shall file all papers under the caption of this consolidated Action, In Re: Rainforest Cafe, Inc. Securities Litigation, Civil File No. 98-74 RHK/JMM. Such documents shall be filed in the action and such add'l files to which the caption may specifically refer. counsel are responsible for providing sufficient copies to permit the clerk to comply with the terms of this paragraph. All papers previously filed and served to date are hereby deemed and adopted as part of the record in this action unless and to the extent otherwise provided for herein. For all purposes, the original complaints in each of the cases consolidated into this action shall be deemed to have been served on each of the dfts named in each of these actions as of the date of entry of this order, to the extent not served already. Dfts shall have no obligation to answer or otherwise respond to the original complaints. Unless otherwise ordered by the court upon motion for good cause shown, a consolidated Amended Class Action Complaint shall be filed and served on or before 7/31/98. Dfts attys shall accept service of the Consolidated Amended Class Action Complaint on behalf of their respective clients. Dfts shall answer or otherwise move with respect to the Consolidated Amended Class Action Complaint no later than 30 days thereafter. If dfts file a motion directed to said complaint, pltfs shall file and serve their response no later than 30 days after such motion is filed. Dfts shall file and serve their reply, if any, no later than 20 days thereafter. All counsel who have filed their appearances in this action or who may hereafter file their appearances on behalf of any party to this action, and who are not members of this court but are in good standing in the jurisdictions where they regularly practice law, are deemed admitted pro hac vice for purposes of this litigation. (cc: all counsel) (4pgs) (gb) [Entry date 07/01/98] [0:98cv74] 7/31/98 28 FIRST CONSOLIDATED AMENDED COMPLAINT [1-1] by plaintiffs; dropping pltfs Wayne Stern, Sherry Bernstein, and David Maltz; adding pltfs James Hiss, Jack Florio, Shirley Benjamin, James Zimmerman, and Thomas Obinger; jury demand (42pgs) (gb) [Entry date 08/03/98] [Edit date 03/04/99] [0:98cv74] 7/31/98 -- NOTICE SENT to out of state attorney: Daniel Krasner, Gregory Nespole, Sharon Mirsky, Daniel Scotti, Leonard Barrack, Daniel Bacine, Robert Hoffman, Stanely Berstein, Sandy Liebhard, Robert J. Berg (sh) [Entry date 03/04/99] [0:98cv74] 8/5/98 29 ORDER ( Magistrate Judge John M. Mason / 8/5/98) that: 1. The pretrial conference scheduled before the undersigned for 8/17/98 is canceled. 2. The parties shall advise this court promptly when a decision is issued on Defendants' motion to dismiss in order that the pretrial conference may be rescheduled. (cc: all counsel) (1 pg) (mc) [Entry date 08/06/98] [0:98cv74] 8/31/98 30 MOTION by defendants to dismiss first consolidated amended complaint ( to Judge Richard H. Kyle ) (2pgs) (gb) [Entry date 09/01/98] [0:98cv74] 8/31/98 31 MEMORANDUM by defendant in support of motion to dismiss first consolidated amended complaint [30-1] (29pgs) (gb) [Entry date 09/01/98] [0:98cv74] 8/31/98 32 AFFIDAVIT of Wendy J. Wildung regarding motion to dismiss first consolidated amended complaint [30-1] (4pgs + exh./separate) (gb) [Entry date 09/01/98] [0:98cv74] 9/11/98 33 NOTICE OF HEARING by defendants on motion to dismiss first consolidated amended complaint ( to Judge Richard H. Kyle ) [30-1] at 8:00 a.m. on 10/30/98 2pg(s) (gb) [0:98cv74] 9/30/98 34 MEMORANDUM by plaintiff in opposition to motion to dismiss first consolidated amended complaint [30-1] 35pg(s) (gb) [Entry date 10/01/98] [0:98cv74] 9/30/98 35 AFFIDAVIT of Bryan L. Crawford regarding motion to dismiss first consolidated amended complaint [30-1] (3pgs + exh./separate) (gb) [Entry date 10/01/98] [0:98cv74] 10/20/98 36 REPLY MEMORANDUM by defendants in support of motion to dismiss [30-1] 7pg(s) (gb) [Entry date 10/21/98] [0:98cv74] 10/30/98 37 MINUTES:( Judge Richard H. Kyle / R. Riley) taking under advisement on the dfts motion to dismiss first consolidated amended complaint [30-1] (gb) [0:98cv74] 11/27/98 38 TRANSCRIPT of Proceedings held 10/30/98 before Judge Richard H. Kyle (Court Reporter Robert W. Riley) (separate) (sh) [Entry date 11/30/98] [0:98cv74] 12/21/98 39 MEMORANDUM OPINION AND ORDER ( Judge Richard H. Kyle ) that: 1. In the case entitled In re Rainforest Cafe, Inc. Sec. Litig., Civil No. 98-74 RHK/JMM, the dfts' motion to dismiss [22] is granted, and the complaint is dismissed without prejudice; and 2. In the case entitled San Andres v. Brimmer, et al., Civil No. 98-662 RHK/JMM, the dfts' motion to dismiss [6] is granted, and the complaint is dismissed with prejudice (Civil Notice Re Appeal Time) 21pg(s) (cc: all counsel) (sc) [Entry date 12/28/98] [0:98cv74] 12/21/98 40 JUDGMENT: 1pg(s) (cc: all counsel) (sc) [Entry date 12/28/98] [0:98cv74] 1/29/99 41 NOTICE OF APPEAL to the Eighth Circuit Court of Appeals by plaintiff Emmanuel Massing from Judge Richard H. Kyle's order dtd 12/21/98 and entered on 12/28/98 granting defts' motion to dismiss [40-1] [39-2] (1pg) (Receipt #413474) (bw) [Entry date 02/01/99] [0:98cv74] 2/1/99 -- DELIVERED/MAILED TWO CERTIFIED and one uncertified copy of each of the following to the Court of Appeals, St. Paul Office: Notice of Appeal, Order, Judgment and District Court Clerk's Docket Entries. Copy of Notice of Appeal mailed to counsel (bw) [0:98cv74] 2/11/99 42 NOTICE by plaintiff change of address for Bernstein Liebhard & Lifshitz Law Firm.4 pg(s) (vem) [0:98cv74] 3/4/99 -- Original file sent to the USCA per their request along with four expandable folders (bw) [0:98cv74] 3/10/99 -- NOTIFICATION BY CIRCUIT COURT of Appellate Docket Number 99-1573 MNMI appeal filed 1/29/99 doc #42. (vem) [0:98cv74] 4/23/99 46 CERTIFIED COPY of judgment from USCA that appellants and appellees agree that this appeal should be dismissed. Accordingly, the appeal is hereby dismised in accordance with Federal Rules of Appellate Procedure 42(b) [41-1] as to Emanuel Massing - MANDATE ISSUED 4/21/99 (Notice to Counsel) (2pgs) (bw) [Entry date 04/26/99] [0:98cv74] [END OF DOCKET: 0:98cv74]