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Stanford University Law School
- Securities Class Action Clearinghouse
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Docket as of March 16, 1999 [retrieved 4/28/99]
Proceedings include all events. RELATE
5:97cv21001 Randall v. Rational Software, et al
STAY CONSOL
RELATE STAY
CONSOL
U.S. District Court
U.S. District for the Northern District of California (San Jose)
CIVIL DOCKET FOR CASE #: 97-CV-21001
Randall v. Rational Software, et al Filed: 10/10/97
Assigned to: Judge Jeremy Fogel Jury demand: Both
Demand: $0,000 Nature of Suit: 850
Lead Docket: 97-CV-21000 Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 15:78m(a) Securities Exchange Act
[Party and Counsel List]
10/10/97 1 COMPLAINT Summons(es) issued; Fee status pd entered on
10/10/97 in the amount of $ 150.00 (Receipt No. 503787);
jury demand [3:97-cv-03740] (gba) [Entry date 10/28/97]
10/10/97 2 ORDER RE PROCEDURE and SCHEDULE by Mag. Judge Phyllis J.
Hamilton : Plaintiff to file requisite certificate on
10/10/97 ; Last day for pltf to file copy of class action
notice 10/30/97 ; Proof of service to be filed by 11/24/97 ;
(cc: all counsel) Plaintiff to file motion to serve as
lead plaintiff 60 days after publication of notice. (gba)
[Entry date 10/28/97] [5:97cv21001]
10/16/97 3 NOTICE by Plaintiff to defendant Cowen & Company, Inc.
pursuant to 15 U.S.C. 77z-1(b) (2) and/or 15 U.S.C.
78u-4(b) (3) (C) [3:97-cv-03740] (gba)
[Entry date 10/28/97] [5:97cv21001]
10/16/97 4 NOTICE by Plaintiff to defendants Rational Software
Corporation, Paul D. Levy and Robert T. Bond pursuant to 15
U.S.C. 77z-1 (b) (2) and/or 15 U.S.C. 78u-4(b)(3)(C)
[3:97-cv-03740] (gba) [Entry date 10/28/97] [5:97cv21001]
10/27/97 5 DECLINATION to proceed before magistrate by defendant
Rational Software, defendant Paul D. Levy, defendant Robert
T. Bond [3:97-cv-03740] (gba) [Entry date 10/28/97]
[5:97cv21001]
10/29/97 6 CLERK'S NOTICE of impending reassignment to a United
States District Judge [3:97-cv-03740] (gba)
[Entry date 10/31/97] [5:97cv21001]
10/31/97 7 RECUSAL ORDER by Judge Susan Illston (Date Entered:
11/12/97) (cc: all counsel) [3:97-cv-03740] (slh)
[Entry date 11/12/97] [Edit date 11/12/97] [5:97cv21001]
11/4/97 8 ORDER by Assignment Committee Case reassigned to Judge
Susan Illston (Date Entered: 11/12/97) (cc: all counsel)
[3:97-cv-03740] (slh) [Entry date 11/12/97] [5:97cv21001]
11/4/97 9 ORDER by Judge Susan Illston relating cases; 3:97-cv-3740
with member cases 3:97-cv-3845 (Date Entered: 11/12/97)
(cc: all counsel) [3:97-cv-03740] (slh)
[Entry date 11/12/97] [5:97cv21001]
11/5/97 10 ORDER by Assignment Committee Case reassigned to Senior
Judge Spencer Williams (Date Entered: 11/12/97) (cc: all
counsel) [3:97-cv-03845, 3:97-cv-03740] (slh)
[Entry date 11/12/97] [5:97cv21001]
12/3/97 12 NOTICE of filing of waiver of service of summons by
Plaintiff in 5:97-cv-21001 [5:97-cv-21001] (cm)
[Entry date 01/15/98] [5:97cv21001]
12/8/97 13 NOTICE OF MOTION AND MOTION before Senior Judge Spencer
Williams by Plaintiff in 5:97-cv-21001 for appointment of
counsel with Notice set for 1/28/98 at 10:00 a.m.
[5:97-cv-21001] (cm) [Entry date 01/15/98] [5:97cv21001]
12/8/97 14 MEMORANDUM of Law for appointment as lead plaintiffs and
for approval of movants selection of lead counsel and
plaintiffs' counsel executive committee by Plaintiff in
5:97-cv-21001 [5:97-cv-21001] (cm) [Entry date 01/15/98]
[5:97cv21001]
12/9/97 15 DECLARATION by Lionel Z. Glancy on behalf of Plaintiff in
5:97-cv-21001 re motion for appointment of counsel [13-1]
[5:97-cv-21001] (cm) [Entry date 01/15/98] [5:97cv21001]
12/12/97 16 NOTICE of continuance of hearing on Randall Plaintiffs
group motion for appointment as lead counsel by Plaintiff
in 5:97-cv-21001 [5:97-cv-21001] (cm) [Entry date 01/15/98]
[5:97cv21001]
12/16/97 11 NOTICE by Plaintiff in 5:97-cv-21001 of change of address
[5:97-cv-21001] (gba) [Entry date 01/06/98] [5:97cv21001]
12/19/97 17 ORDER by Senior Judge Spencer Williams Case Management
Conference set for 2:00 3/19/98 ; ( Date Entered: 1/15/98)
(cc: all counsel) [5:97-cv-21001] (cm)
[Entry date 01/15/98] [5:97cv21001]
1/8/98 18 NOTICE of order setting case management conference on
3/19/98 at 2-4:00 pm telephonically by Plaintiff in
5:97-cv-21001 [5:97-cv-21001] (cm) [Entry date 01/21/98]
[5:97cv21001]
1/23/98 19 Statement by defendant Rational Software in 5:97-cv-21001,
defendant Paul D. Levy in 5:97-cv-21001, defendant Robert
T. Bond in 5:97-cv-21001 in NON-Opposition to motion for
appointment of counsel as lead plaintiff [13-1]
[5:97-cv-21001] (lmm) [Entry date 02/17/98] [5:97cv21001]
2/2/98 20 ORDER TO SHOW CAUSE re way action should not be stay: by
Senior Judge Spencer Williams ; hearing set for 10:00
2/18/98 (cc: all counsel) [5:97-cv-21001] (lmm)
[Entry date 02/17/98] [5:97cv21001]
2/17/98 21 NOTICE of hearing on 3/27/98 from MDL Panel
[5:97-cv-21001] (cm) [Entry date 03/27/98] [5:97cv21001]
2/18/98 22 MINUTES: ( C/R L. Anne Shortridge) ( Hearing Date: 2/18/98)
re [13-1] [5:97-cv-21001] (cm) [Entry date 03/27/98]
[5:97cv21001]
2/19/98 23 ORDER by Senior Judge Spencer Williams granting motion
for appointment of counsel [13-1] to stay case ( Date
Entered: 3/27/98) (cc: all counsel) [5:97-cv-21001] (cm)
[Entry date 03/27/98] [5:97cv21001]
4/15/98 24 LETTERdated 2/13/98 by dfts Rational Software, Paul D. Levy
and Robert T. Bond pursuant to the Court's order to show
cause [20-1] [5:97-cv-21001] (dhm) [Entry date 05/07/98]
[5:97cv21001]
4/20/98 25 ORDER by Senior Judge Spencer Williams consolidating
cases 5:97-cv-21001 with member cases 5:97-cv-21000,
5:97-cv-21079, 5:97-cv-21086, 5:97-cv-21001 ( Date
Entered: 5/18/98) (cc: all counsel) [5:97-cv-21001] (lmm)
[Entry date 05/18/98] [5:97cv21001]
4/20/98 26 ORDER by Senior Judge Spencer Williams re [13-1] ( Date
Entered: 5/18/98) (cc: all counsel) & faxed by Clerk to
counsel [5:97-cv-21001] (lmm) [Entry date 05/18/98]
[5:97cv21001]
4/23/98 27 ORDER by Senior Judge Spencer Williams granting motion
for appointment of lead counsel [13-1] for appointment of
counsel ( Date Entered: 5/18/98) (cc: all counsel)
[5:97-cv-21001] (lmm) [Entry date 05/18/98] [5:97cv21001]
5/6/98 28 PROOF OF SERVICE by Plaintiff in 5:97-cv-21001 of
Scheduling order for appointment of counsel [27-1], order
[27-2] [5:97-cv-21001] (lmm) [Entry date 05/18/98]
[5:97cv21001]
5/7/98 29 ORDER by Assignment Committee to reassign to Judge
Jeremy Fogel ( Date Entered: 5/18/98) (cc: all counsel)
[5:97-cv-21001] (lmm) [Entry date 05/18/98] [5:97cv21001]
5/20/98 30 ORDER by Judge Jeremy Fogel Status conference set for
1:30 7/14/98 ; ( Date Entered: 5/28/98) (cc: all counsel)
[5:97-cv-21001] (gm) [Entry date 05/28/98] [5:97cv21001]
5/29/98 31 STIPULATION and ORDER by Judge Jeremy Fogel : extending
time to file condolidated amended complaint (cc: all
counsel) [5:97-cv-21001] (gm) [Entry date 06/08/98]
[5:97cv21001]
5/29/98 32 CONSOLIDATED AMENDED COMPLAINT [1-1] by Plaintiff in
5:97-cv-21001; jury demand [5:97-cv-21001] (gm)
[Entry date 06/08/98] [5:97cv21001]
6/1/98 39 STIPULATION and ORDER by Judge Jeremy Fogel : Deadline
for all motion filings is 7/16/98 ; All motions will be
heard by 9:00 9/28/98 ; (cc: all counsel) [5:97-cv-21001]
(cgb) [Entry date 07/06/98] [5:97cv21001]
6/5/98 33 ORDER by Judge Jeremy Fogel relating cases C 98-1939 SBA;
C 98-1608 SC; C98-20314 JF; C97-21079 JF; C 97-21000 JF and
C 97-21001 JF; ( Date Entered: 6/9/98) (cc: all counsel)
[5:97-cv-21001] (cgb) [Entry date 06/09/98] [5:97cv21001]
6/10/98 -- FIRST AMENDED SUMMONS issued as to defendant Rational
Software in 5:97-cv-21001 [5:97-cv-21001] (cgb)
[Entry date 06/15/98] [5:97cv21001]
6/19/98 35 NOTICE of filing of waiver of service of summons on deft
Rehan Syed by Plaintiff in 5:97-cv-21001 [5:97-cv-21001]
(cgb) [Entry date 06/22/98] [5:97cv21001]
6/29/98 36 NOTICE OF MOTION AND MOTION before Judge Jeremy Fogel by
defendant Rational Software in 5:97-cv-21001, defendant
Paul D. Levy in 5:97-cv-21001 to dismiss plaintiffs'
consolidated amend class action complaint with Notice set
for 8/28/98 at 9 am [5:97-cv-21001] (cgb)
[Entry date 06/30/98] [5:97cv21001]
6/29/98 37 DECLARATION by Douglas J. Clark on behalf of defendant
Rational Software in 5:97-cv-21001 re motion to dismiss
plaintiffs' consolidated amend class action complaint
[36-1] [5:97-cv-21001] (cgb) [Entry date 06/30/98]
[5:97cv21001]
6/29/98 -- RECEIVED Proposed order granting rationalal deft's motion
to dismiss [5:97-cv-21001] (cgb) [Entry date 06/30/98]
[5:97cv21001]
6/29/98 38 PROOF OF SERVICE by defendant Rational Software in
5:97-cv-21001 of [5:97-cv-21001] (cgb) [Entry date 06/30/98]
[5:97cv21001]
6/30/98 -- RECEIVED Proposed Order and stipulation to continue hearing
and briefing schedule [5:97-cv-21001] (cgb)
[Entry date 07/08/98] [5:97cv21001]
6/30/98 -- RECEIVED Proposed Order (and stipulation to extending
briefing schedule [5:97-cv-21001] (cgb)
[Entry date 07/08/98] [5:97cv21001]
7/1/98 40 STIPULATION and ORDER by Judge Jeremy Fogel : extending
briefing schedule and hearing on defendants' motion to
dismiss (cc: all counsel) [5:97-cv-21001] (cgb)
[Entry date 07/06/98] [5:97cv21001]
7/1/98 41 STIPULATION and ORDER by Judge Jeremy Fogel : continuing
hearing and briefing schedule for class certification (cc:
all counsel) [5:97-cv-21001] (cgb) [Entry date 07/06/98]
[5:97cv21001]
7/7/98 42 NOTICE by Plaintiffs in 5:97-cv-21001 of order extending
briefing schedule and hearing on class certification
[5:97-cv-21001] (cgb) [Entry date 07/10/98] [5:97cv21001]
7/7/98 43 NOTICE by Plaintiffs in 5:97-cv-21001 of order re briefing
schedule and hearing deft. motion to dismiss plaintiffs'
consolidated amended class action complaint
[5:97-cv-21001] (cgb) [Entry date 07/10/98] [5:97cv21001]
7/10/98 44 STIPULATION and ORDER by Judge Jeremy Fogel : Status
conference set for July 14, 1998 is vacated;, (cc: all
counsel) [5:97-cv-21001] (cgb) [Entry date 07/13/98]
[5:97cv21001]
7/15/98 45 CERTIFICATE of service of Stipulation and Joing Request for
status conference by defendant Rational Software in
5:97-cv-21001, defendant Paul D. Levy in 5:97-cv-21001
[5:97-cv-21001] (cgb) [Entry date 07/17/98] [5:97cv21001]
7/16/98 -- RECEIVED stipulation and order re the briefing schedule
submitted by defendant Cowen & Company, Inc in
5:97-cv-21001 [5:97-cv-21001] (cgb) [Entry date 07/17/98]
[5:97cv21001]
7/21/98 46 NOTICE OF MOTION AND MOTION before Judge Jeremy Fogel by
defendant Cowen & Company, Inc and Rehan Syed in
5:97-cv-21001 to dismiss the complaint with Notice set
for 9/28/98 at 9 am [5:97-cv-21001] (cgb)
[Entry date 07/22/98] [5:97cv21001]
7/21/98 47 MEMORANDUM by defendant Cowen & Company, Inc in
5:97-cv-21001 in support of motion to dismiss the complaint
[46-1] [5:97-cv-21001] (cgb) [Entry date 07/22/98]
[5:97cv21001]
7/21/98 48 DECLARATION by John P. Halfpenny on behalf of defendant in
5:97-cv-21001 re motion to dismiss the complaint [46-1]
[5:97-cv-21001] (cgb) [Entry date 07/22/98] [5:97cv21001]
7/21/98 49 PROOF OF SERVICE by defendant in 5:97-cv-21001 of
declaration [48-1], memorandum [47-1], motion to dismiss
the complaint [46-1] [5:97-cv-21001] (cgb)
[Entry date 07/22/98] [5:97cv21001]
7/21/98 50 STIPULATION and ORDER by Judge Jeremy Fogel : concerning
the briefing schedule and hearing date on defts' motion to
dismiss (cc: all counsel) [5:97-cv-21001] (cgb)
[Entry date 07/22/98] [5:97cv21001]
8/17/98 54 STIPULATION to extend time for plaintiff to file opposition
to rational defendants' motion to dismiss consolidated
amended complaint [5:97-cv-21001] (cgb)
[Entry date 08/24/98] [5:97cv21001]
8/18/98 51 STIPULATION to allow plaintiffs to file a consolidated
brief in opposition to rational defts' motion to dismiss
[5:97-cv-21001] (cgb) [5:97cv21001]
8/18/98 52 CONSOLIDATED OPPOSITION by Plaintiff in 5:97-cv-21001 to
motion to dismiss the complaint [46-1] [5:97-cv-21001] (cgb)
[5:97cv21001]
8/18/98 53 DECLARATION by Lionel Z. Glancy on behalf of Plaintiff in
5:97-cv-21001 re opposition [52-1] [5:97-cv-21001] (cgb)
[5:97cv21001]
8/24/98 55 NOTICE by Plaintiffs in 5:97-cv-21001 of order granting
plaintiffs' request for extension of time to file
opposition to rational defts' motion to dismiss
[5:97-cv-21001] (cgb) [Entry date 08/31/98] [5:97cv21001]
9/1/98 -- RECEIVED Stipulation to extend briefing schedule submitted
by Plaintiff Tom Randall in 5:97-cv-21001 [5:97-cv-21001]
(cgb) [Entry date 09/02/98] [5:97cv21001]
9/8/98 56 STIPULATION and ORDER by Judge Jeremy Fogel : extending
briefing schedule on plaintiff's motion for class
certification (cc: all counsel) [5:97-cv-21001] (cgb)
[Entry date 09/11/98] [5:97cv21001]
9/9/98 57 DECLARATION by Lionel Z. Glancy on behalf of Plaintiff in
5:97-cv-21001 re opposition [52-1] to defts' motion to
dismiss [5:97-cv-21001] (cgb) [Entry date 09/15/98]
[5:97cv21001]
9/14/98 58 REPLY memorandum by defendant Rational Software in
5:97-cv-21001, defendant Paul D. Levy in 5:97-cv-21001 re
motion to dismiss plaintiffs' consolidated amend class
action complaint [36-1] [5:97-cv-21001] (cgb)
[Entry date 09/15/98] [5:97cv21001]
9/14/98 59 SUPPLEMENTAL DECLARATION by Douglas J. Clark on behalf of
defendant Rational Software in 5:97-cv-21001, defendant
Paul D. Levy in 5:97-cv-21001 re motion to dismiss
plaintiffs' consolidated amend class action complaint
[36-1] [5:97-cv-21001] (cgb) [Entry date 09/15/98]
[5:97cv21001]
9/14/98 60 PROOF OF SERVICE by defendant Rational Software in
5:97-cv-21001, defendant Paul D. Levy in 5:97-cv-21001 of
declaration [59-1], reply [58-1] [5:97-cv-21001] (cgb)
[Entry date 09/15/98] [5:97cv21001]
9/14/98 61 REPLY by defendant Cowen & Company, Inc and Rehan Syed in
5:97-cv-21001 re motion to dismiss the complaint [46-1]
[5:97-cv-21001] (cgb) [Entry date 09/15/98] [5:97cv21001]
9/14/98 62 DECLARATION by John P. Halfpenny on behalf of defendant
Cowen & Company, Inc in 5:97-cv-21001 re reply [61-1]
[5:97-cv-21001] (cgb) [Entry date 09/15/98] [5:97cv21001]
9/14/98 63 PROOF OF SERVICE by defendant Cowen & Company, Inc in
5:97-cv-21001 of declaration [62-1] [5:97-cv-21001] (cgb)
[Entry date 09/15/98] [5:97cv21001]
9/15/98 64 NOTICE OF MOTION AND MOTION before Judge Jeremy Fogel by
Plaintiff in 5:97-cv-21001 to certify class action with
Notice set for 12/7/98 at 9 am [5:97-cv-21001] (cgb)
[5:97cv21001]
9/15/98 65 MEMORANDUM by Plaintiff in 5:97-cv-21001 in support of
motion to certify class action [64-1] [5:97-cv-21001] (cgb)
[5:97cv21001]
9/30/98 67 MINUTES: ( C/R Peter Torreano) ( Hearing Date: 9/28/98) all
pending motions were held and submitted. [5:97-cv-21001]
(cgb) [Entry date 10/06/98] [5:97cv21001]
10/2/98 66 REPORTER'S TRANSCRIPT; Date of proceedings: 9/28/98 ( C/R:
Peter Torreano) [5:97-cv-21001] (cgb)
[Entry date 10/06/98] [5:97cv21001]
10/5/98 68 ORDER by Judge Jeremy Fogel granting motion to dismiss
the complaint [46-1], granting motion to dismiss
plaintiffs' consolidated amend class action complaint
[36-1] for leave to amend complaint ( Date Entered:
10/16/98) (cc: all counsel) [5:97-cv-21001] (cgb)
[Entry date 10/16/98] [5:97cv21001]
10/13/98 69 NOTICE by Plaintiff Tom Randall in 5:97-cv-21001 re
defendants' motions to dismiss [5:97-cv-21001] (cgb)
[Entry date 10/16/98] [5:97cv21001]
10/23/98 70 NOTICE OF MOTION AND MOTION before Mag. Judge Edward A.
Infante by Plaintiff Tom Randall in 5:97-cv-21001 for
order permitting limited discovery with Notice set for
11/30/98 at 10 am [5:97-cv-21001] (cgb)
[Entry date 10/27/98] [5:97cv21001]
10/26/98 71 MEMORANDUM by Plaintiff Tom Randall in 5:97-cv-21001 in
support of motion for order permitting limited discovery
[70-1] [5:97-cv-21001] (cgb) [Entry date 10/27/98]
[5:97cv21001]
10/26/98 72 DECLARATION by PeterA. Binkow on behalf of Plaintiff Tom
Randall in 5:97-cv-21001 re motion for order permitting
limited discovery [70-1] [5:97-cv-21001] (cgb)
[Entry date 10/27/98] [5:97cv21001]
11/4/98 74 ORDER by Judge Jeremy Fogel All motions will be heard by
9:00 11/30/98 before Judge Jeremy Fogel ; ( Date Entered:
11/17/98) (cc: all counsel) [5:97-cv-21001] (cgb)
[Entry date 11/17/98] [Edit date 11/17/98] [5:97cv21001]
11/9/98 75 JOINDER by defendant Paul D. Levy in 5:97-cv-21001,
defendant Rational Software in 5:97-cv-21001 to defendant
Cowen's opposition to motion for an order permitting
discovery by plaintiff [5:97-cv-21001] (cgb)
[Entry date 11/17/98] [5:97cv21001]
11/9/98 76 MEMORANDUM by defendant Cowen & Company, Inc in
5:97-cv-21001 in opposition to plaintiffs' motion for an
order permitting discovery [5:97-cv-21001] (cgb)
[Entry date 11/17/98] [5:97cv21001]
11/9/98 77 PROOF OF SERVICE by defendant Cowen & Company, Inc in
5:97-cv-21001 of opposition memorandum [73-1]
[5:97-cv-21001] (cgb) [Entry date 11/17/98] [5:97cv21001]
11/10/98 73 MEMORANDUM by defendant Cowen & Company, Inc in
5:97-cv-21001 in opposition to motion for an order
permitting discovery [5:97-cv-21001] (cgb)
[Entry date 11/12/98] [5:97cv21001]
11/16/98 78 REPLY brief by Plaintiff Tom Randall in 5:97-cv-21001 in
support of motion for order permitting limited discovery
[5:97-cv-21001] (cgb) [Entry date 11/20/98] [5:97cv21001]
11/30/98 79 MINUTES: ( C/R Barbara Gonzales) ( Hearing Date: 11/30/98)
that the motion for order permitting limited discovery
[70-1] is submitted, that the motion to certify class
action [64-1] is submitted. Court will issue an order.
[5:97-cv-21001] (cgb) [Entry date 12/02/98] [5:97cv21001]
12/4/98 80 ORDER by Judge Jeremy Fogel granting in part and denying
in part motion for order permitting limited discovery
[70-1] ( Date Entered: 12/9/98) (cc: all counsel)
[5:97-cv-21001] (cm) [Entry date 12/09/98] [5:97cv21001]
12/16/98 81 REPORTER'S TRANSCRIPT; Date of proceedings: 11/30/98 (
C/R: Barbara H. Gonzalez) [5:97-cv-21001] (cgb)
[Entry date 12/23/98] [5:97cv21001]
2/26/99 82 STIPULATION and ORDER by Judge Jeremy Fogel : re
discovery, amendment of complaint (cc: all counsel)
[5:97-cv-21001] (cgb) [Entry date 03/02/99] [5:97cv21001]
3/4/99 83 CERTIFIED COPY of USCA Order: re petition of writ of
mandamus [5:97-cv-21001] (cgb) [Entry date 03/11/99]
[5:97cv21001]
3/5/99 84 NOTICE by defendant Paul D. Levy in 5:97-cv-21001,
defendant Rational Software in 5:97-cv-21001 [82-3] of
entry of order [5:97-cv-21001] (cgb) [Entry date 03/11/99]
[5:97cv21001]
3/9/99 85 STIPULATION regarding discovery and amendment of complaint
[5:97-cv-21001] (cgb) [Entry date 03/16/99] [5:97cv21001]
[END OF DOCKET: 5:97cv21001]