Case docket was last updated on: 09/25/00. Docket as of September 25, 2000 8:28 pm Page 1 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al e-SPEC U.S. District Court U.S. District Court of Eastern Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 97-CV-7947 NEUBERGER, et al v. SHAPIRO, et al Filed: 12/23/97 Assigned to: JUDGE EDMUND V. LUDWIG Jury demand: Both 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 SEYMOUR KURLAND, ESQ. SEYMOUR KURLAND, ESQ. SPECIAL MASTER [COR LD NTC] [PRO SE] DECHERT, PRICE AND RHOADS 4000 BELL ATLANTIC TOWER 1717 ARCH ST. PHILADELPHIA, PA 19103-2793 USA ------------------------- WERNER NEUBERGER MICHAEL J. MOLDER PLAINTIFF 215-627-3397 [COR LD NTC] INNELLI AND MOLDER 325 CHESTNUT STREET SUITE 903 PHILADELPHIA, PA 19106 USA TEL 215-627-3394 JOHN F. INNELLI FAX 215-627-3397 [COR LD NTC] INNELLI AND MOLDER 325 CHESTNUT STREET SUITE 903 PHILADELPHIA, PA 19106 USA TEL 215-627-3394 LOUIS SCOTT, ON BEHALF OF MICHAEL J. MOLDER THEMSELVES AND ALL OTHERS (See above) SIMILARLY SITUATED [COR LD NTC] PLAINTIFF JOHN F. INNELLI Docket as of September 25, 2000 8:28 pm Page 2 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al (See above) [COR LD NTC] v. WILLIAM SHAPIRO NINA B. SHAPIRO DEFENDANT FAX (717) 399-8744 [COR LD NTC] 53 N. DUKE ST. LANCASTER, PA 17602 USA TEL 717-399-8720 WILLIAM SHAPIRO [COR LD NTC] [PRO SE] ONE BELMONT AVENUE SUITE 202 BALA CYNWYD, PA 19004 USA TEL 610-668-0707 KENNETH S. SHAPIRO NINA B. SHAPIRO DEFENDANT (See above) [COR LD NTC] KENNETH S. SHAPIRO [COR LD NTC] [PRO SE] ONE BELMONT AVENUE SUITE 202 BALA CYNWYD, PA 19004 USA TEL 610-668-0707 LESTER D. SHAPIRO LESTER D. SHAPIRO DEFENDANT [COR LD NTC] [PRO SE] ONE BELMONT AVENUE SUITE 202 BALA CYNWYD, PA 19004 USA TEL 610-668-0707 NATHAN TATTAR NINA B. SHAPIRO DEFENDANT (See above) [COR LD NTC] NATHAN TATTAR [COR LD NTC] [PRO SE] 1717 HAWTHORNE ROAD HAVERTOWN, PA 19083 Docket as of September 25, 2000 8:28 pm Page 3 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al USA JOHN B. ORR MARK A. KEARNEY DEFENDANT [term 01/28/99] [COR LD NTC] ELLIOTT, REIHNER, SIEDZIKOWSKY AND EGAN, P.C. 925 HARVEST DRIVE UNION MEETING CORPORATE CENTER V BLUE BELL, PA 19422 USA TEL 215-977-1000 MARC S. HENZEL [COR LD NTC] LAW OFFICES OF MARC S. HENZEL 210 W. WASHIINGTON SQUARE THIRD FLOOR PHILA, PA 19106 USA TEL 215-625-9999 JOHN B. ORR [COR LD NTC] [PRO SE] 509 DERWYN RD. DREXEL HILL, PA 19026 ADAM VARRENTI, JR. MARK A. KEARNEY DEFENDANT [term 01/28/99] (See above) [COR LD NTC] ADAM VARRENTI, JR. [COR LD NTC] [PRO SE] 9 N. FIVE POINTS RD. 2ND FLOOR WEST CHESTER, PA 19380 WELCO SECURITIES, INC. WILLIAM SHAPIRO DEFENDANT [COR LD NTC] ONE BELMONT AVENUE SUITE 202 BALA CYNWYD, PA 19004 USA TEL 610-668-0707 R.F. LAFFERTY & CO., INC. AEGIS J. FRUMENTO DEFENDANT [COR LD NTC] JENICE L. MALECKI Docket as of September 25, 2000 8:28 pm Page 4 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al [COR LD NTC] SINGER, FRUMENTO, LLP 40 EXCHANGE PLACE 20TH FLOOR NEW YORK, NY 10005 USA TEL 212-809-8550 STUART L. MELNICK [COR LD NTC] TANNER PROPP, LLP 99 PARK AVENUE 25th FLOOR NEW YORK, NY 10016 USA COGEN, SKLAR, L.L.P DAVID C. FRANCESKI, JR. DEFENDANT [term 08/28/00] [term 08/28/00] FAX 215-564-8120 [COR LD NTC] STRADLEY RONON STEVENS & YOUNG 2600 ONE COMMERCE SQUARE PHILA, PA 19103-7098 USA TEL 215-564-8062 DAVID R. DWARES [term 08/28/00] 202-662-2190 [COR LD NTC] ROSS, DICKSON & BELL, L.L.P. 601 PENNSYLVANIA AVE., NW NORTH BUILDING WASHINGTON, DC 20004-2688 USA TEL 202-662-2142 DAVID L. PERRY [term 08/28/00] [COR LD NTC] ROSS, DIXON & BELL, L.L.P. 601 PENNSYLVANIA AVE., N.W. NORTH BUILDING WASHINGTON, DC 20004-2688 USA WILLIAM SHAPIRO ESQ. P.C. KENNETH S. SHAPIRO DEFENDANT [COR LD NTC] ONE BELMONT AVENUE SUITE 202 BALA CYNWYD, PA 19004 USA Docket as of September 25, 2000 8:28 pm Page 5 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al TEL 610-668-0707 JOHN DOES (1-25) DEFENDANT OFFICIAL COMMITTEE OF MATTHEW J. HAMILTON UNSECURED CREDITORS [COR LD NTC] RESPONDENT PEPPER HAMILTON, LLP 18TH & ARCH STS. 3000 TWO LOGAN SQUARE PHILA, PA 19103-2799 USA TEL 215-567-7728 BARBARA W. MATHER FAX 215-981-4750 [COR LD NTC] PEPPER, HAMILTON & SCHEETZ 18TH & ARCH STS. 3000 TWO LOGAN SQUARE PHILA, PA 19103-2799 USA TEL 215-981-4895 DELJEAN SHAPIRO DELJEAN SHAPIRO RESPONDENT [COR LD NTC] [PRO SE] ONE BELMONT AVENUE SUITE 202 BALA CYNWYD, PA 19004 USA TEL 610-668-0707 PHILIP R. BAGLEY PHILIP R. BAGLEY RESPONDENT [COR LD NTC] [PRO SE] 29 BALA AVENUE #108 BALA CYNWYD, PA 19004 USA v. A.L. WELLEN & CO. STUART L. MELNICK MOVANT [COR LD NTC] TANNER PROPP, LLP 99 PARK AVENUE 25th FLOOR NEW YORK, NY 10016 USA Docket as of September 25, 2000 8:28 pm Page 6 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al ------------------------- COGEN, SKLAR, L.L.P DAVID C. FRANCESKI, JR. THIRD-PARTY PLAINTIFF FAX 215-564-8120 [COR LD NTC] STRADLEY RONON STEVENS & YOUNG 2600 ONE COMMERCE SQUARE PHILA, PA 19103-7098 USA TEL 215-564-8062 DAVID R. DWARES 202-662-2190 [COR LD NTC] ROSS, DICKSON & BELL, L.L.P. 601 PENNSYLVANIA AVE., NW NORTH BUILDING WASHINGTON, DC 20004-2688 USA TEL 202-662-2142 DAVID L. PERRY [COR LD NTC] ROSS, DIXON & BELL, L.L.P. 601 PENNSYLVANIA AVE., N.W. NORTH BUILDING WASHINGTON, DC 20004-2688 USA v. JOHN DOES 26-50 THIRD-PARTY DEFENDANT Docket as of September 25, 2000 8:28 pm Page 7 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 12/23/97 1 Complaint. filing fee $ 150.00 receipt # 653321. (kd) [Entry date 12/24/97] 12/23/97 -- Summons(es) issued. Ten Originals Forwarded to: counsel 12/24/97. (kd) [Entry date 12/24/97] 12/23/97 -- Demand for jury trial by PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT . (kd) [Entry date 12/24/97] 12/23/97 -- Special Case Management Track. (kd) [Entry date 12/24/97] 2/4/98 2 Appearance of DAVID C. FRANCESKI JR. for DEFENDANT COGEN, SKLAR, L.L.P. (jjc) [Entry date 02/04/98] 2/9/98 3 Waiver of Service Returned Executed as to DEFENDANT LESTER D. SHAPIRO on 12/29/97. Answer due on 2/27/98 for LESTER D. SHAPIRO. (jjc) [Entry date 02/09/98] 2/9/98 4 Waiver of Service Returned Executed as to DEFENDANT KENNETH S. SHAPIRO on 12/29/97. Answer due on 2/27/98 for KENNETH S. SHAPIRO. (jjc) [Entry date 02/09/98] 2/9/98 5 Waiver of Service Returned Executed as to DEFENDANT JOHN B. ORR on 12/29/97. Answer due on 2/27/98 for JOHN B. ORR. (jjc) [Entry date 02/09/98] 2/9/98 6 Waiver of Service Returned Executed as to DEFENDANT KENNETH S. SHAPIRO on 12/29/97. Answer due on 2/27/98 for KENNETH S. SHAPIRO. (jjc) [Entry date 02/09/98] 2/9/98 7 Waiver of Service Returned Executed as to DEFENDANT WILLIAM SHAPIRO on 12/29/97 Answer due on 2/27/98 for WILLIAM SHAPIRO. (jjc) [Entry date 02/09/98] 2/9/98 8 Waiver of Service Returned Executed as to DEFENDANT WILLIAM SHAPIRO ESQ. on 12/29/97. Answer due on 2/27/98 for WILLIAM SHAPIRO ESQ. (jjc) [Entry date 02/09/98] 2/9/98 9 Waiver of Service Returned Executed as to DEFENDANT ADAM VARRENTI JR. on 12/29/97. Answer due on 2/27/98 for ADAM VARRENTI JR. (jjc) [Entry date 02/09/98] 2/9/98 10 Waiver of Service Returned Executed as to DEFENDANT NATHAN TATTAR on 12/29/97. Answer due on 2/27/98 for NATHAN TATTAR. (jjc) [Entry date 02/09/98] 3/2/98 11 Appearance of KENNETH S. SHAPIRO for DEFENDANT WILLIAM SHAPIRO ESQ.; jury demand. (jjc) [Entry date 03/02/98] 3/2/98 12 Appearance of WILLIAM SHAPIRO for DEFENDANT WELCO SECURITIES, IN; jury demand. (jjc) [Entry date 03/03/98] Docket as of September 25, 2000 8:28 pm Page 8 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 3/3/98 13 STIPULATION AND ORDER THAT DEFENDANTS JOHN DOES (1-25), WILLIAM SHAPIRO ESQ., WELCO SECURITIES, IN, NATHAN TATTAR, LESTER D. SHAPIRO, KENNETH S. SHAPIRO, WILLIAM SHAPIRO HAVE A THIRTY (30) DAY EXTENSION OF TIME UNTIL 3/23/98 TO SERVE ITS ANSWER, MOTION PLEADING OR OTHER RESPONE TO THE COMPLAINT (SIGNED BY JUDGE EDMUND LUDWIG) 3/3/98 ENTERED AND COPIES MAILED AND FAXED. (jjc) [Entry date 03/03/98] 3/3/98 14 STIPULATION AND ORDER THAT DEFENDANTS ADAM VARRENTI JR., AND JOHN B. ORR HAVE AN EXTENSION OF TIME OF THIRTY (30) DAYS WITHIN TO SERVE THIER ANSWER, MOTION PLEADING OR OTHER RESPONSE TO THE COMPLAINT (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/3/98 ENTERED AND COPIES MAILED AND FAXED. (jjc) [Entry date 03/03/98] 3/12/98 -- Pre-trial conference SET at 11:30 3/25/98 (ls) [Entry date 03/12/98] 3/13/98 15 MOTION by DEFENDANT COGEN, SKLAR, L.L.P FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT, CERTIFICATE OF SERVICE. (jjc) [Entry date 03/16/98] 3/17/98 16 ORDER THAT DEFENDANT COGEN, SKLAR, L.L.P HAS UNTIL 5/8/98 TO ANSWER THE PLAINTIFFS' COMPLAINT (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/17/98 ENTERED AND COPIES MAILED AND FAXED. (jjc) [Entry date 03/17/98] 3/23/98 17 MOTION by DEFENDANT JOHN B. ORR, DEFENDANT ADAM VARRENTI JR. TO DISMISS THE COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE. (jjc) [Entry date 03/24/98] 3/23/98 18 MOTION BY DEFENDANT WILLIAM SHAPIRO, DEFENDANT KENNETH S. SHAPIRO, DEFENDANT LESTER D. SHAPIRO, DEFENDANT NATHAN TATTAR, DEFENDANT WELCO SECURITIES, INC., DEFENDANT WILLIAM SHAPIRO ESQ. TO DISMISS PLAINTIFF'S CLASS ACTION COMPLAINT PURSUANT TO F.R.C.P. 12(b)(1), 12(b)(3), 12(b)(6), 12(b)(7), AND 23(b), MEMORANDUM. (fdc) [Entry date 03/24/98] 3/25/98 19 MOTION by PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT FOR COST OF SERVICE , CERTIFICATE OF SERVICE. (jl) [Entry date 03/25/98] 3/25/98 20 Certificate of service of Kenneth S. Shapiro, Esq. re: served copy of motion to dismiss the complaint upon counsel. (gn) [Entry date 03/25/98] 3/27/98 21 UNOPPOSED MOTION by PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT FOR APPOINTMENT OF LEAD COUNSEL, CERTIFICATE OF SERVICE. (ls) [Entry date 03/27/98] 3/27/98 22 MOTION by PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT FOR CLASS CERTIFICATION, MEMORANDUM, CERTIFICATE OF SERVICE. (ls) [Entry date 03/27/98] Docket as of September 25, 2000 8:28 pm Page 9 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 3/30/98 23 ORDER THAT BY MAY 22, 1998 PLAINTIFFS SHALL FILE A COLLECTIVE RESPONSE TO DEFENDANTS' MOTIONS TO DISMISS. BY MAY 29, 1998 DEFENDANTS SHALL FILE ANY REPLY MOTIONS, NEXT RULE 16 CONFERENCE TUESDAY, JUNE 30, 1998 4:30PM. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/30/98 ENTERED AND COPIES MAILED AND FAXED. (dt) [Entry date 03/30/98] 3/31/98 24 ORDER THAT PLFF'S UNOPPOSED MOTION FOR APPOINTMENT OF LEAD PLFF IS GRANTED; PURSUANT TO 15 U.S.C. 77z1(a)(3)(B), PLFFS NEUBERGER AND SCOTT ARE DESIGNATED AS "LEAD PLFFS" AND THEIR ATTORNEYS JOHN F. INNELLI AND MICHAEL J. MOLDER ARE DESIGNATED AS LEAD COUNSEL. (SIGNED BY JUDGE EDMUND V. LUDWIG) 4/1/98 ENTERED AND COPIES MAILED; COPIES FAXED 3/30/98. (adr) [Entry date 04/01/98] 4/20/98 25 ORDER GRANTING PLAINTIFFS' MOTION FOR COST OF SERVICE. DEFENDANT R.F. LAFFERTY & CO. IS ORDERED TO PAY $58.20 TO PLAINTIFFS' COUNSEL WITHIN 10 DAYS OF THE DATE OF THIS ORDER. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 4/20/98 ENTERED AND COPIES MAILED AND FAXED. (jo) [Entry date 04/20/98] 4/21/98 26 ORDER THAT AEGIS J. FRUMENTO, ESQ., STUART L. MELNICK, ESQ. & JENICE L. MALECKI, ESQ. OF SINGER FRUMENTO SICHENZIA LLP. ARE PERMITTED TO APPEAR ON BEHALF OF R.F. LAFFERTY & CO. IN THE ABOVE ENTITLED ACTION IN THE COURT, PRO HAC VICE. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 4/21/98 ENTERED AND COPIES MAILED AND FAXED. (kw) [Entry date 04/21/98] 5/7/98 27 MOTION by DEFENDANT R.F. LAFFERTY TO DISMISS PLAINTIFF'S COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE. (jl) [Entry date 05/07/98] 5/8/98 28 MOTION by DEFENDANT COGEN, SKLAR, L.L.P TO DISMISS PLFFS' CLASS ACTION COMPLAINT, MEMORANDUM, APPENDIX, CERTIFICATE OF SERVICE. (td) [Entry date 05/08/98] 5/21/98 29 Memorandum of Law by PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT in opposition to MOTION TO DISMISS PLFFS' CLASS ACTION COMPLAINT, MOTION TO DISMISS PLAINTIFF'S COMPLAINT, MOTION TO DISMISS PLAINTIFF'S CLASS ACTION COMPLAINT PURSUANT TO F.R.C.P. 12(b)(1), 12(b)(3), 12(b)(7), AND 23(b), MOTION TO DISMISS THE COMPLAINT, Certificate of Service. (rp) [Entry date 05/22/98] 5/29/98 30 Reply Memorandum by DEFENDANT R.F. LAFFERTY in further support of MOTION TO DISMISS PLAINTIFF'S COMPLAINT , Certificate of Service. (pmh) [Entry date 05/29/98] 5/29/98 31 Reply Memorandum by DEFENDANT WILLIAM SHAPIRO, DEFENDANT KENNETH S. SHAPIRO, DEFENDANT LESTER D. SHAPIRO, DEFENDANT NATHAN TATTAR, DEFENDANT WELCO SECURITIES, IN, DEFENDANT WILLIAM SHAPIRO ESQ. in support of Defendants' MOTION TO DISMISS ,Certificate of Service, Exhibits. (jl) Docket as of September 25, 2000 8:28 pm Page 10 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al [Entry date 06/01/98] 5/29/98 32 Reply Memorandum by DEFENDANT COGEN, SKLAR, L.L.P in further support of MOTION TO DISMISS PLFFS' CLASS ACTION COMPLAINT , Certificate of Service. (pmh) [Entry date 06/01/98] 5/29/98 33 Response by DEFENDANT JOHN B. ORR, DEFENDANT ADAM VARRENTI JR. in support of THEIR MOTION TO DISMISS THE COMPLAINT AGAINST THEM, Certificate of Service. (krl) [Entry date 06/01/98] [Edit date 06/01/98] 6/4/98 34 MOTION by PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT FOR LEAVE TO FILE Sur-Reply in Opposition to Deft's Motion to Dismiss Complaint , BRIEF, CERTIFICATE OF SERVICE. (cb) [Entry date 06/04/98] 6/8/98 35 Supplemental Certificate of service by DEFENDANT R.F. LAFFERTY that a true and correct copy of the Reply Memorandum of Law of Defendant R.F. Lafferty & CO., Inc. in further support of its motion to dismiss Plaintiffs' Complaint was served, via regular mail, this 1st day of June, 1998 upon the following: Nathan Tattar, Lester D. Shapiro and Glenn C. Equi, Esq. (jl) [Entry date 06/08/98] [Edit date 06/09/98] 6/10/98 36 Response by DEFENDANT COGEN, SKLAR, L.L.P in opposition to MOTION FOR LEAVE TO FILE Sur-Reply in Opposition to Deft's Motion to Dismiss Complaint, Certificate of Service. (rp) [Entry date 06/10/98] 6/19/98 37 ORDER THAT PLFFS' MOTION TO FILE A SUR-REPLY IS GRANTED. THE ATTACHED "PROPOSED SUR-REPLY" IS ACCEPTED. BY 6/26, DEFT COGEN, SKLAR, L.L.P. MAY FILE A COUNTER STATEMENT, ETC. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 6/22/98 ENTERED AND COPIES MAILED: COPIES FAXED ON 6/19/98. (kw) [Entry date 06/22/98] 6/23/98 38 SCHEDULING ORDER THAT PRETRIAL CONFERENCE PREVIOUSLY SCHEDULED FOR JUNE 30, 1998, WILL BE HELD AT 5:00 ON 7/7/98 ; ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 06/24/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS 6/23/98. (pmh) [Entry date 06/24/98] 6/26/98 39 Reply by DEFENDANT COGEN, SKLAR, L.L.P to response to MOTION FOR LEAVE TO FILE Sur-Reply in Opposition to Deft's Motion to Dismiss Complaint, Certificate of Service. (krl) [Entry date 06/29/98] 7/7/98 40 ORDER THAT THE RULE 16 CONFERENCE PREVIOUSLY SCHEDULED FOR 7/7/98 IS RESCHEDULED FOR 7/8/98 AT 5:00 P.M. IN CHAMBERS, ROOM 12614. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/8/98 ENTERED AND COPIES FAXED ON 7/7/98 BY CHAMBERS. (kw) [Entry date 07/08/98] Docket as of September 25, 2000 8:28 pm Page 11 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 7/9/98 41 ORDER THAT THE FOUR MOTIONS TO DISMISS OF (1) DEFTS WILLIAM SHAPIRO, KENNETH SHAPIRO, LESTER SHAPIRO, NATHAN TATTAR, WELCO SECURITIES, INC., SHAPIRO P.C., (2) DEFT R.F. LAFFERTY & CO.; (3) DEFT COGEN, SKLAR, L.L.P.; & (4) DEFTS JOHN ORR & ADAM VARRENTI ARE DENIED, ETC. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/9/98 ENTERED AND COPIES MAILED AND FAXED. (kw) [Entry date 07/09/98] 7/14/98 42 ORDER THAT BY 8/21/98 ANY COMPLAINT TO JOIN THIRD PARTIES IS TO BE FILED; DISCOVERY ON THE MOTION FOR CLASS CERTIFICATION BY 10/1/98; RESPONSE TO MOTION SET TO 10/1/98 FOR MOTION FOR CLASS CERTIFICATION, REPLY TO RESPONSE TO MOTION SET TO 10/9/98 MOTION FOR CLASS CERTIFICATION ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/14/98 ENTERED AND COPIES BY CHAMBERS (ph) [Entry date 07/14/98] 7/17/98 43 ORDER THAT RULE 16 CONFERENCE IS RESCEHDULED FOR 4:30 ON 10/21/98 ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/20/98 ENTERED AND COPIES FAXED BY CHAMBERS ON 7/16/98. (krl) [Entry date 07/20/98] [Edit date 07/20/98] 7/17/98 44 MEMORANDUM THAT THIS MEMORANDUM FOLLOWS AN ORDE ENTERED 7/9/98 DENYING DEFTS' MOTION TO DISMISS THE COMPLAINT, EXCEPTING AS TO THE ISSUE OF PLEADING FRAUD WITH PARTICULARITY, WHICH WAS GRANTED, ETC. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/20/98 ENTERED AND COPIES MAILED AND FAXED. (gn) [Entry date 07/20/98] 7/20/98 45 MOTION BY DEFENDANT R.F. LAFFERTY TO EXTEND TIME TO FILE MOTION FOR RECONSIDERATION , CERTIFICATE OF SERVICE. (mc) [Entry date 07/20/98] 8/7/98 46 ORDER MOOTING MOTION TO EXTEND TIME TO FILE MOTION FOR RECONSIDERATION. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 8/10/98 ENTERED AND COPIES MAILED AND FAXED. (gn) [Entry date 08/10/98] 8/20/98 47 Answer and Affirmative Defenses to Complaint by DEFENDANT JOHN B. ORR, DEFENDANT ADAM VARRENTI JR., jury demand, Certificate of Service. (lm) [Entry date 08/21/98] 8/21/98 48 Answer to Complaint by DEFENDANT WILLIAM SHAPIRO ESQ. (Attorney KENNETH S. SHAPIRO); jury demand, Certificate of Service. (td) [Entry date 08/21/98] [Edit date 08/21/98] 8/21/98 49 Answer to Complaint by DEFENDANT LESTER D. SHAPIRO; jury demand, Certificate of Service. (td) [Entry date 08/21/98] 8/21/98 50 Answer to Complaint by DEFENDANT KENNETH S. SHAPIRO ; jury demand, Certificate of Service. (td) [Entry date 08/21/98] 8/21/98 51 Answer to Complaint by DEFENDANT WELCO SECURITIES, INC.; jury demand, Certificate of Service. (td) Docket as of September 25, 2000 8:28 pm Page 12 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al [Entry date 08/21/98] 8/21/98 52 Answer to Complaint by DEFENDANT WILLIAM SHAPIRO; jury demand, Certificate of Service. (td) [Entry date 08/21/98] 8/21/98 53 Answer to Complaint by DEFENDANT NATHAN TATTAR; jury demand, Certificate of Service. (td) [Entry date 08/21/98] 8/21/98 -- ISSUE JOINED. (td) [Entry date 08/21/98] 8/21/98 54 Answer to Complaint by DEFENDANT COGEN, SKLAR, L.L.P with crossclaims against John Does 1-25, Certificate of Service. (jef) [Entry date 08/24/98] 8/21/98 -- Third-party complaint by COGEN, SKLAR, L.L.P against JOHN DOES 26-50, cert. of service. (see paper #54) (jef) [Entry date 08/24/98] 8/25/98 55 Notice of Appearance of Stuart L. Melnick for DEFENDANT R.F. LAFFERTY, Certificate of Service. (lm) [Entry date 08/25/98] 8/27/98 56 Answer to Class Action Complaint by DEFENDANT R.F. LAFFERTY , Certificate of Service. (lm) [Entry date 08/27/98] 8/27/98 57 Responses and Objections by DEFENDANT R.F. LAFFERTY to Plaintiffs' First Set of Interrogatories, Affidavit & Cert. of Service. (lm) [Entry date 08/27/98] [Edit date 08/27/98] 8/27/98 58 Responses and Objections by DEFENDANT R.F. LAFFERTY to Plaintiffs' First Request for the Production of Documents, Affidavit & Cert. of Service. (lm) [Entry date 08/27/98] 8/28/98 59 ORDER THAT PURSUANT TO LOCAL RULE 26.1(A), DISCOVERY REQUESTS AND ANSWERS "SHALL NOT BE FILED WITH THE COURT." ETC. (SIGNED BY BY JUDGE EDMUND V. LUDWIG) 8/31/98 ENTERED AND COPIES FAXED BY CHAMBERS. (dt) [Entry date 08/31/98] 9/9/98 60 ORDER THAT THE TELEPHONE CONFERENCE SCHEDULED FOR 9/9/98 WILL BE HELD AT 11:00 A.M. (CHANGED FROM 2:15 P.M.) (SIGNED BY JUDGE EDMUND V. LUDWIG) 9/10/98 ENTERED AND COPIES MAILED AND FAXED FROM CHAMBERS. (adr) [Entry date 09/10/98] 9/10/98 61 ORDER, THAT A DISCOVERY DISPUTE HEARING WILL BE HELD ON TUESDAY, 9/15/98 AT 3:00 PM. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 9/11/98 ENTERED AND COPIES MAILED BY CHAMBERS AND FAXED 9/10/98. (sc) [Entry date 09/11/98] 9/16/98 62 ORDER THAT NEXT RULE 16 CONFERENCE: 10/21/98 4:30 P.M. (SIGNED BY JUDGE EDMUND V. LUDWIG) 9/16/98 ENTERED AND COPIES MAILED AND FAXED. (adr) [Entry date 09/16/98] Docket as of September 25, 2000 8:28 pm Page 13 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 10/8/98 63 Memorandum by DEFENDANT R.F. LAFFERTY in opposition to Plaintiffs' MOTION FOR CLASS CERTIFICATION , Certificate of Service, Appendix. (jl) [Entry date 10/08/98] 10/8/98 64 Response by DEFENDANT COGEN, SKLAR, L.L.P in opposition to Plaintiffs' MOTION FOR CLASS CERTIFICATION , Certificate of Service, Exhibits. (jl) [Entry date 10/09/98] 10/8/98 65 MOTION by DEFENDANT WILLIAM SHAPIRO, DEFENDANT KENNETH S. SHAPIRO, DEFENDANT LESTER D. SHAPIRO, DEFENDANT NATHAN TATTAR, DEFENDANT JOHN B. ORR, DEFENDANT ADAM VARRENTI JR., DEFENDANT WELCO SECURITIES, IN, DEFENDANT R.F. LAFFERTY, DEFENDANT COGEN, SKLAR, L.L.P, DEFENDANT WILLIAM SHAPIRO ESQ. TO DENY PLAINTIFF'S MOTION FOR CLASS CERTIFICATION , MEMORANDUM, EXHIBITS, CERTIFICATE OF SERVICE. (jl) [Entry date 10/09/98] 10/15/98 66 Reply Memorandum by PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT in support of their MOTION FOR CLASS CERTIFICATION, Certificate of Service. (fdc) [Entry date 10/16/98] 10/19/98 67 ORDER THAT THE RULE 16 CONFERENCE PREVIOUSLY SCHEDULED FOR WEDNESDAY, OCTOBER 21, 1998 IS RESCHEDULED FOR TUESDAY, NOVEMBER 24, 1998 AT 4:30PM IN COURTROOM 12A. (SIGNED BY JUDGE EDMUND V. LUDWIG) 10/20/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (dt) [Entry date 10/20/98] 11/19/98 68 Supplemental Reply pursuant to the court's order dated 11/18/98 by PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT, certificate of service. (jl) [Entry date 11/20/98] 11/19/98 69 ORDER THAT PLAINTIFFS WERNER NEUBERGER AND LOUIS SCOTT ARE GRANTED UNTIL FRIDAY, NOVEMBER 20, 1998 TO REPLY TO DEFENDANT R.F. LAFFERTY'S OBJECTION THAT PLAINTIFFS ARE INADEQUATE REPRESENTATIVES BECAUSE THEY DID NOT FULFILL THEIR EARLY NOTIFICATION OBLIGATION UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT, 15 U.S.C. 78z-1(a)(3)(A). LAFFERTY'S MEM. AT 47. (SIGNED BY JUDGE EDMUND V. LUDWIG) 11/20/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (dt) [Entry date 11/20/98] 11/25/98 70 MEMORANDUM AND ORDER THAT PLFF'S MOTION FOR CLASS CERTIFICATION IS GRANTED, AS TO THE CLAIMS BROUGH UNDER @@ 11 AND 15 OF THE SECURITIES ACT OF 1933, 15 U.S.C. @@ 77K, 77o. FED. R. CIV. P. 23(A), (B)(3), ETC., DENIED, AS TO THE CLAIM FOR COMMON LAW NEGLIGENT MISREPRESENTATION. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 11/25/98 ENTERED AND COPIES FAXED BY CHAMBERS 11/24/98. (sc) [Entry date 11/25/98] Docket as of September 25, 2000 8:28 pm Page 14 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 11/30/98 71 ORDER THAT BY MONDAY, 12/14/98 THE PARTIES WILL JOINTLY SUBMIT A STATEMENT ON THEIR POSITIONS ON THE FOLLOWING: PROPOSED MODIFICATION TO THE CLASS, INCLUDING THE CREATION OF SUBCLASSES, ETC. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 12/1/98 ENTERED AND COPIES FAXED 11/25/98 BY CHAMBERS. (sc) [Entry date 12/01/98] 12/11/98 72 Transcript for 11/24/98, Conference. (cb) [Entry date 12/11/98] 12/14/98 73 Joint Statement by all parties pursuant to Order dated 11/25/98. (mc) [Entry date 12/15/98] 12/22/98 74 Petition of DEFENDANT JOHN B. ORR, DEFENDANT ADAM VARRENTI JR.. to withdraw as counsel, Certificate of Service. (lvj) [Entry date 12/23/98] 12/23/98 75 ORDER THAT A RULE 16 CONFERENCE WILL BE HELD ON 1/12/99 AT 5:00PM IN CHAMBERS (SIGNED BY JUDGE EDMUND V. LUDWIG) 12/24/98 ENTERED AND COPIES MAILED AND FAXED. (dt) [Entry date 12/24/98] 12/23/98 76 ORDER THAT PETITION IS GRANTED; ELLIOTT, REIHNER, SIEDZIKOWSKI & EGAN, P.C. IS GRANTED PERMISSION TO WITHDRAW AS COUNSEL FOR OUTSIDE DIRECTORS JOHN B. ORR AND ADAM VARRENTI, JR.; JOHN B. ORR & ADAM VARRENTI, JR. SHALL PROCEED PRO SE IN THIS MATTER. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 12/24/98 ENTERED AND COPIES MAILED AND FAXED. (kw) [Entry date 12/24/98] 1/8/99 77 Notice of Change of Firm Name by Dixon & Masback, L.L.P., has changed its name effective January 1, 1999 to Ross, Dixon & Bell, L.L.P. The Firm's address and telephone number remain the same. (dt) [Entry date 01/08/99] 1/8/99 78 Supplement of DEFENDANT COGEN, SKLAR, L.L.P to joint submissions, certificate of service. (jl) [Entry date 01/11/99] 1/11/99 79 Notice of change of address by MICHAEL J. MOLDER, JOHN F. INNELLI, Certificate of Service. (fdc) [Entry date 01/11/99] [Edit date 01/11/99] 1/12/99 80 Rule 16 Conference Memorandum by PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT, Certificate of Service. (jl) [Entry date 01/12/99] 1/22/99 81 DEFENDANT COGEN, SKLAR, L.L.P'S Notice of Filing of Documents for in camera inspection, Certificate of Service. (fdc) [Entry date 01/25/99] Docket as of September 25, 2000 8:28 pm Page 15 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 1/22/99 82 ORDER THAT BY 1/22/99, THE PARTIES ARE DIRECTED TO HAVE SUBMITTED THE FOLLOWING: DEFT COGEN SKLAR - PERSONNEL FILES AND FIRM MANUALS FOR IN CAMERA INSPECTION, ETC; THE NEXT RULE 16 CONFERENCE WILL BE HELD ON 3/11/99 AT 4:30 P.M. (SIGNED BY JUDGE EDMUND V. LUDWIG) 1/25/99 ENTERED AND COPIES MAILED AND FAXED. (adr) [Entry date 01/25/99] 1/22/99 83 Joint Submission of PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT, DEFENDANT COGEN, SKLAR, L.L.P regarding the court's in camera review of certain Cogen Documents, Certificate of Service. (fdc) [Entry date 01/25/99] 1/27/99 84 ORDER THAT THE ORDER ENTERED BY BANKRUPTCY JUDGMENT SIGMUND DATED 1/20/99 REGARDING THE REQUEST OF ADAM VARRENTI, JR. AND JOHN B. ORR FOR ALLOWANCE OF ADMINISTRATIVE EXPENSES SHALL BE DOCKETED IN THIS ACTION. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 1/28/99 ENTERED AND COPIES MAILED AND FAXED. (gn) [Entry date 01/28/99] 1/27/99 85 COPY OF ORDER FROM BANKRUPTCY COURT THAT THE REQUEST OF ADAM VAREENTI, JR. AND JOHN B. ORR FOR ALLOWANCE OF ADMINISTRATIVE EXPENSES IS DENIED. 1/28/99 ENTERED AND COPIES MAILED AND FAXED. (gn) [Entry date 01/28/99] 1/28/99 86 ORDER THAT IN ACCORDANCE WITH ORDER FILED 12/23/98, THE CLERK IS DIRECTED TO REMOVE MARK A. KEARNEY, ESQ., & THE FIRM OF ELLIOTT, REIHNER, SIEDZIKOWSKY & EGAN FROM THE DOCKET AS COUNSEL FOR JOHN B. ORR & ADAM VARRENTI, JR., ETC. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 1/29/99 ENTERED AND COPIES MAILED: COPIES FAXED ON 1/28/99. (kw) [Entry date 01/29/99] 2/4/99 87 ORDER: THE DEPOSITIONS OF DEFT COGEN, SKLAR, L.L.P. PARTNERS JOSEPH LUCAS AND HARVEY GROSSMAN ARE STAYED UNTIL FURTHER ORDER OF COURT PENDING REFERRAL FOR RESOLUTION TO MAGISTRATE JUDGE SCUDERI, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 2/4/99 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 02/04/99] 2/11/99 -- ORDER THAT, BY 2/17/99, THE PARTIES SHALL IDENTIFY IN WRITING ALL LAWYERS (BY LAW FIRM) WITHIN THE EASTERN DISTRICT OF PENNSYLVANIA THAT ARE DISQUALIFIED FROM APPOINTMENT AS SPECIAL MASTER. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 2/12/99 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/11/99. (See Case #99-526, paper #2) (mld) [Entry date 02/12/99] 2/11/99 88 ORDER, THE PARTIES SHALL IDENTIFY IN WRITING ALL LAWYERS WITHIN THE EASTERN DISTRICT OF PA THAT ARE DISQUALIFIED FROM APPOINTMENT AS SPECIAL MASTER, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 2/12/99 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/11/99. (fb) [Entry date 02/12/99] 2/16/99 89 Appearance of MARC S. HENZEL for DEFENDANT JOHN B. ORR. (jl) Docket as of September 25, 2000 8:28 pm Page 16 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al [Entry date 02/16/99] 2/17/99 90 Statement by DEFENDANT COGEN, SKLAR, L.L.P'S identification of lawyers who are or may be disqualified from appointment as Special Master, certificate of service. (fb) [Entry date 02/18/99] 2/19/99 91 ORDER THAT, BY 3/1/99, THE PARTIES WILL ADVISE IN WRITING IF THEY HAVE ANY OBJECTION TO THE APPOINTMENT OF SEYMOUR KURLAND, ESQUIRE, OF THE PHILADELPHIA BAR, AS SPECIAL MASTER AND, IF SO, THE NATURE OF THE OBJECTION. (SIGNED BY JUDGE EDMUND V. LUDWIG) 2/22/99 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/19/99. (fb) [Entry date 02/22/99] 2/25/99 92 ORDER, THE RELEVANT PARTIES ARE DIRECTED TO SUBMIT TO BANKRUPTCY JUDGE SIGMUND FORTHWITH THE QUESTION WHETHER DEFTS WILLIAM SHAPIRO AND KENNETH S. SHAPIRO ARE ENTITLED TO AN ALLOWANCE FOR ADMINISTRATIVE EXPENSES IN THE NATURE OF ATTORNEY'S FEES TO REPRESENT THEM IN THE PRESENT ACTIONS, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 2/26/99 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/25/99. (fb) [Entry date 02/26/99] 3/4/99 93 CASE MANAGEMENT ORDER, SEYMOUR KURLAND, ESQUIRE IS APPOINTED SPECIAL MASTER IN THE ABOVE-CAPTIONED CASES, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/4/99 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 03/04/99] 3/10/99 94 Transcript for Conference of January 12, 1999 Before The Honorable Edmund V. Ludwig. (dt) [Entry date 03/10/99] 3/10/99 95 ORDER THAT DEFENDANTS WILLIAM SHAPIRO AND KENNETH S. SHAPIRO ARE DIRECTED TO SUBMIT TO BANKRUPTCY JUDGE SIGMUND BY MARCH 16, 1999 THEIR REQUESTS FOR AN ALLOWANCE OF ADMINISTRATIVE EXPENSES IN THE NATURE OF ATTORNEY'S FEES FOR THEIR REPRESENTATION IN THE PRESENT ACTIONS. SEE ORDER, FEBRUARY 25, 1999 (RELEVANT PARTIES DIRECTED TO SUBMIT ISSUE FORTHWITH). IF THEY, OR EITHER OF THEM, DO NOT DO SO BY MARCH 16, 19999, THE PRESENT ACTIONS SHALL PROCEED AGAINST SUCH DEFENDANTS, OR DEFENDANT AS THE CASE MAY BE, AS THOUGH THE ATTORNEY'S FEES ALLOWANCE ISSUE HAD NOT BEEN RAISED. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/11/99 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (dt) [Entry date 03/11/99] 3/16/99 96 Transcript for Hearing held March 11, 1999. (np) [Entry date 03/16/99] Docket as of September 25, 2000 8:28 pm Page 17 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 3/17/99 97 ORDER, PIERCE LEAHY CORP. IS REQUESTED TO SUBMIT FORTHWITH A DETAILED REPORT AS TO THE COLLECTION AND INDEXING OF DOCUMENTS AND PAPERS IN ITS CUSTODY THAT WERE TURNED OVER BY KENNETH S. SHAPIRO, ESQ. ACTING FOR ELOCA, INC. AND WALNUT FINANCIAL SERVICES. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/18/99 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 3/17/99. (fb) [Entry date 03/18/99] 3/17/99 98 JOINT STIPULATION AND ORDER THAT THE TIME FOR COGEN TO ANSWER OR OTHERWISE RESPOND TO PLFF'S COMPLAINT IS EXTEDNED TO, AND INCLUDING 4/19/99. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/18/99 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 03/18/99] 3/18/99 99 Report of Pretrial Conference held 3/16/99 before Ludwig, J. (td) [Entry date 03/19/99] 3/18/99 100 ORDER, DEFT R.F. LAFFERTY'S RENEWED REQUEST FOR DIVISION OF THE CLASS INTO SUBCLASSES IS DENIED WITHOUT PREJUDICE TO LATER REASSERTION. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/19/99 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 03/19/99] 3/23/99 101 ORDER, STATUS CONFERENCE WILL BE HELD ON 3/24/99 AT 10:00 A.M., COURTROOM 12-A. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/24/99 ENTERED AND COPIES FAXED BY CHAMBERS ON 3/23/99. (fb) [Entry date 03/24/99] 3/23/99 102 Transcript of 3/17/99, Rule 16 Conference. (jl) [Entry date 03/24/99] 3/29/99 103 ORDER, THE NEXT RULE 16 CONFERENCE WILL BE HELD ON 5/18/99 AT 4:30 P.M., COURTROOM 12-A, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/30/99 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 3/29/99. (fb) [Entry date 03/30/99] 3/29/99 104 CONSENT ORDER THAT ALL INDEXES OF DOCUMENTS SHIPPED BY WALNUT EQUIPMENT LEASING COMPANY, INC; EQUIPMENT LEASING CORPORATION OF AMERICA, INC.; AND ANY "RELATED COMPANIES" TO PIERCE LEAHY CORPORATION FOR COMPILING AND INDEXING SHALL BE DELIVERED NO LATER THAN 4/1/99, BY PIERCE LEAHY TO JOHN F. INNELLI, ESQ., AS COUNSEL TO THE CLASS OF ELCOA CERTIFICATEHOLDERS; BARBARA W. MATHER, ESQ., AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS; AND ALL DEFTS IN THE ABOVE CAPTIONED MATTER, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/30/99 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 3/29/99. (fb) [Entry date 03/30/99] 3/29/99 105 JOINT STIPULATION AND ORDER FOR AN ENLARGEMENT OF TIME FOR CERTAIN DEFTS TO RESPOND TO COMPLAINT OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS, PLFF IS GRANTED, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/30/99 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 03/30/99] Docket as of September 25, 2000 8:28 pm Page 18 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 3/30/99 106 Transcript of 3/24/99 hearing. (jl) [Entry date 03/31/99] 4/19/99 107 MOTION BY DEFENDANT COGEN, SKLAR, L.L.P TO DISMISS THE COMPLAINT OF PLFF OFFICIAL COMMITTEE OF UNSECURED CREDITORS , MEMORANDUM, CERTIFICATE OF SERVICE. (fb) [Entry date 04/20/99] 5/14/99 108 ORDER THAT THE STATUS CONFERENCE PREVIOUSLY SCHEDULED FOR 5/18/99 IS RESCHEDULED FOR 6/17/99 AT 4:00 P.M., COURTROOM 12-A. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 5/14/99 ENTERED AND COPIES MAILED AND FAXED. (kw) [Entry date 05/14/99] 6/3/99 109 ORDER THAT AN ORAL ARGUMENT ON MOTION TO DISMISS THE COMPLAINT OF PLFF OFFICIAL COMMITTEE OF UNSECURED CREDITORS WILL BE HELD AT 4:00 ON 06/17/99 (SIGNED BY JUDGE EDMUND V. LUDWIG) 06/03/99 ENTERED AND COPIES FAXED. (np) [Entry date 06/03/99] 6/3/99 110 Reply Memorandum by DEFENDANT COGEN, SKLAR, L.L.P in further support of MOTION TO DISMISS THE COMPLAINT OF PLFF OFFICIAL COMMITTEE OF UNSECURED CREDITORS , Certificate of Service. (jl) [Entry date 06/04/99] 6/21/99 111 Report of 6/17/99 Pretrial Conference before Judge Ludwig. (adr) [Entry date 06/22/99] 6/22/99 112 Transcript for Hearing, dated 6/17/99. (fb) [Entry date 06/22/99] 6/23/99 113 ORDER: BY 7/2/99, PARTIES WILL JOINTLY SUBMIT A PROPOSAL REGARDING APPROPRIATE PROCEDURES TO BE FOLLOWED BY PERSONS SEEKING ACCESS TO DOCUMENTS HELD BY PIRCE LEAHY, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 6/23/99 ENTERED AND COPIES FAXED BY CHAMBERS ON 6/22/99. (fb) [Entry date 06/23/99] 6/30/99 114 ORDER THAT A RULE 16 CONFERENCE WILL BE HELD ON THURSDAY, 7/1/99 AT 11:00 AM. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 6/30/99 ENTERED AND COPIES FAXED. (fdc) [Entry date 06/30/99] 7/1/99 115 UNOPPOSED MOTION BY PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT FOR ENTRY OF ORDER, CERTIFICATE OF SERVICE. (fb) [Entry date 07/01/99] 7/7/99 116 ORDER AS FOLLOWS: THE INDICES OF BOXES AND LEASE FILES CONTAINED IN THE DEPOSITORY ARE IN THE POSSESSION OF COUNSEL TO THE DEBTORS, CHARLES M. GOLDEN, ESQ., ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 7/7/99 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 07/07/99] Docket as of September 25, 2000 8:28 pm Page 19 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 7/15/99 117 MOTION BY PLAINTIFF WERNER NEUBERGER, PLAINTIFF LOUIS SCOTT TO COMPEL THE APPEARANCE OF KENNETH SHAPIRO AND WILLIAM SHAPIRO ON 7/20 AND 7/22, RESPECTIVELY FOR THEIR DEPOSITIONS, MEMORANDUM, CERTIFICATE OF SERVICE. (fb) [Entry date 07/15/99] 7/15/99 118 ORDER, DEFTS KENNETH SHAPIRO AND WILLIAM SHAPIRO ARE ORDERED TO APPEAR IN THE OFFICES OF INNELLI AND MOLDER AT 10:00 A.M. ON 7/20/99, AND 7/22/99, RESPECTIVELY, FOR DEPOSITIONS, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 7/15/99 ENTERED AND COPIES FAXED. (fb) [Entry date 07/15/99] 7/21/99 119 ORDER, THE OFFICIAL COMMITTEE'S REQUEST TO PERMIT ITS ACCOUNTANT FRANCIS C. BRULENSKI, CPA, TO HAVE ACCESS TO RECORDS STORED AT PIERCE LEAHY IS GRANTED, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 7/22/99 ENTERED AND COPIES FAXED BY CHAMBERS ON 7/21/99. (fb) [Entry date 07/22/99] 7/23/99 120 ORDER: PLFF'S REQUEST FOR PERSONNEL FILES IS DENIED; PLFF'S REQUEST FOR FIRMS MANUALS IS GRANTED WITH RESPECT TO THE UNTITLED COMPILATION OF FORMS (CO 0077 - 0156) AND THE FIRM MANUAL ENTITLED "QUALITY CONTROL DOCUMENT" (CO 0157 - 0193). BY 7/30/99, COGEN WILL TURN OVER THESE DOCUMENTS TO COUNSEL FOR PLFFS, INNELLI AND MOLDER. (SIGNED BY JUDGE EDMUND V. LUDWIG) 7/23/99 ENTERED AND COPIES FAXED. (fb) [Entry date 07/23/99] 7/23/99 121 ORDER, THE DEPOSITIONS OF KENNETH SHAPIRO AND WILLIAM SHAPIRO WILL BE HELD ON 8/2/99 AND 8/27/99, RESPECTIVELY, IN THE OFFICE OF INNELLI AND MOLDER AND SHALL CONTINUE FROM DAY TO DAY UNTIL COMPLETED, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 7/23/99 ENTERED AND COPIES FAXED. (fb) [Entry date 07/23/99] 7/26/99 122 Appearance of NINA B. SHAPIRO for DEFENDANT NATHAN TATTAR, DEFENDANT WILLIAM SHAPIRO, DEFENDANT KENNETH S. SHAPIRO, Certificate of Service. (dt) [Entry date 07/26/99] 7/27/99 123 ORDER THAT THE OBJECTIONS OF THE SHAPIRO DEFTS TO THE PROPOSED EXAMINATION OF FILES EXCEPT B IS DENIED, ETC. (SIGNED BY SPECIAL MASTER SEYMOUR KURLAND) 7/28/99 ENTERED AND COPIES FAXED FROM CHAMBERS. (adr) [Entry date 07/28/99] 8/17/99 124 ORDER, A RULE 16 CONFERENCE WILL BE HELD ON 9/13/99 AT 4:30 P.M., COURTROOM 12-A. (SIGNED BY JUDGE EDMUND V. LUDWIG) 8/17/99 ENTERED AND COPIES FAXED. (fb) [Entry date 08/17/99] 8/31/99 125 ORDER, UPON SUBMISSION OF THE SPECIAL MASTER'S STATEMENT FOR SERVICES FOR THE PERIOD 3/7/99 THROUGH 7/30/99 IN THE TOTAL SUM OF $5487.50, COUNSEL ARE DIRECTED TO HAVE THEIR PRINCIPALS PAY THEIR SHARE AS FOLLOWS BY 9/10/99, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 9/1/99 ENTERED AND COPIES FAXED BY CHAMBERS. (fb) [Entry date 09/01/99] Docket as of September 25, 2000 8:28 pm Page 20 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 9/1/99 126 ORDER THAT BY 9/8/99, PLFF AND DEFT KENNETH SHAPIRO WILL SUBMIT BRIEFS REGARDING WHETHER DOCUMENTS REQUESTED FOR PRODUCTION IN CONNECTION WITH KENNETH SHAPIRO'S DEPOSITION ARE PRIVILEGED OR OTHERWISE PROTECTED BY A CONFIDENTIALITY AGREEMENT WITH THE SECURITIES AND EXCHANGE COMMISSION. (SIGNED BY JUDGE EDMUND V. LUDWIG) 9/2/99 ENTERED AND COPIES FAXED BY CHAMBERS. (fb) [Entry date 09/02/99] 9/8/99 127 MOTION by DEFENDANT KENNETH S. SHAPIRO FOR PROTECTIVE ORDER PURSUANT TO FRCP 26, MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (np) [Entry date 09/08/99] 9/8/99 128 Memorandum of Law by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER in Opposition to DEFENDANTS' MOTION FOR PROTECTIVE ORDER PURSUANT TO FRCP 26, Certificate of Service. (np) [Entry date 09/09/99] 9/17/99 129 ORDER, THE MOTION FOR PROTECTIVE ORDER PURSUANT TO FRCP 26 IS DENIED, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 9/17/99 ENTERED AND COPIES FAXED. (fb) [Entry date 09/17/99] 9/20/99 130 Transcript for Hearing held 09/13/99. (np) [Entry date 09/20/99] 9/21/99 131 ORDER THAT ON FRIDAY, NOVEMBER 5, 1999, A RESOLUTION CONFERENCE WILL BE HELD BY MAGISTRATE JUDGE WELSH AT 10:00AM. COUNSEL ARE TO CONTACT JUDGE WELSH'S OFFICE SHORTLY TO ASCERTAIN WHAT INFORMATION AND ARRANGEMENTS WILL BE REQUIRED. (SIGNED BY JUDGE EDMUND V. LUDWIG) 9/21/99 ENTERED AND COPIES MAILED AND FAXED. (dt) [Entry date 09/21/99] 9/22/99 132 ORDER THAT THE AMOUNTS ALLOCATED IN THE ORDER OF 8/27/99 ARE CONFIRMED AS STATED. PAYMENTS SHOULD BE SENT TO THE COURT MADE PAYABLE TO SEYMOUR KURLAND, ESQ. (NOT HIS LAW FIRM), FOR TRANSMITTAL TO HIM. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 9/22/99 ENTERED AND COPIES FAXED. (gn) [Entry date 09/22/99] 10/20/99 133 ORDER, THE MOTION OF DEFT COGEN, SKLAR, L.L.P. TO DISMISS THE COMPLAINT OF PLFF OFFICIAL COMMITTEE OF UNSECURED CREDITORS IS MOOT. (SIGNED BY JUDGE EDMUND V. LUDWIG) 10/21/99 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 10/21/99] 10/29/99 134 ORDER, THE SHAPIRO DEFTS ARE HEREBY ORDERED TO PAY FORTHWITH $2,195, THE AMOUNT OWED THE SPECIAL MASTER, AS ALLOCATED AND CONFIRMED IN THE ORDERS OF 8/27/99 AND 9/21/99, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 10/29/99 ENTERED AND COPIES FAXED BY CHAMBERS ON 10/28/99. (fb) [Entry date 10/29/99] Docket as of September 25, 2000 8:28 pm Page 21 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 1/24/00 135 ORDER THAT THE SETTLEMENT CONFERENCE SCHEDULED FOR 1/31/00, ETC.. (SIGNED BY MAGISTRATE JUDGE DIANE M. WELSH) 1/24/00 ENTERED AND COPIES MAILED. (fb) [Entry date 01/24/00] 3/8/00 136 ORDER, A RULE 16 CONFERENCE WILL BE HELD ON 3/14/00 AT 3:30 P.M., COURTROOM 12-A. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/8/00 ENTERED AND COPIES FAXED BY CHAMBERS. (fb) [Entry date 03/08/00] 3/15/00 137 Transcript for Rule 16 Conference, dated 3/13/00. (fb) [Entry date 03/15/00] 3/15/00 138 ORDER: INDIVIDUAL DEFTS IN THE NEUBERGER MATTER ARE DIRECTED TO SCHEDULE A RESOLUTION CONFERENCE WITH MAGISTRATE JUDGE WELSH. PARTIES IN THE NEUBERGER CLASS ACTION ARE TO SUBMIT ANY ADDITIONAL MATERIALS REGARDING SUBCLASS CERTIFICATION NO LATER THAT 3/24/00. PARTIES IN THE NEUBERGER CLASS ACTION AND OFFICIAL COMMITTEE MATTER ARE TO PRESENT PROPOSED DISCOVERY SCHEDULE TO SEYMOUR KURLAND, ESQ., SPECIAL MASTER, FOR FINALIZATION. A RULE 16 CONFERENCE IS SCHEDULED FOR 4/27/00 AT 11 AM IN COURTROOM 12-A. (SIGNED BY JUDGE EDMUND V. LUDWIG) 3/15/00 ENTERED AND COPIES FAXED BY CHAMBERS. (fb) [Entry date 03/15/00] 3/22/00 139 ORDER THAT, UPON THE RULE 16 CONFERENCE, ANY STAY OF DISCOVERY IN EFFECT FOR RESOLUTION PURPOSES NO LONGER APPLIES. ALL DISCOVERY IS TO PROCEED FORTHWITH. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 3/22/00 ENTERED AND COPIES FAXED. (fdc) [Entry date 03/22/00] 3/24/00 140 MOTION by DEFENDANT R.F. LAFFERTY TO DIVIDE THE CERTIFIED CLASS INTO SUBCLASSES , MEMORANDUM, APPENDIX, CERTIFICATE OF SERVICE. (ldb) [Entry date 03/24/00] 3/24/00 141 Submission by DEFENDANT COGEN, SKLAR, L.L.P in response to order inviting supplemental submissions regarding the necessity to certify subclasses. (jl) [Entry date 03/27/00] 4/5/00 142 ORDER THAT A RESOLUTION CONFERENCE IS SCHEDULED BEFORE THE UNDERSIGNED ON 5/15/00 AT 10:00 A.M. IN ROOM 3029, ETC.. (SIGNED BY MAGISTRATE JUDGE DIANE M. WELSH) 4/5/00 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 04/05/00] 4/5/00 143 ORDER, THE RULE 16 CONFERENCE PREVIOUSLY SCHEDULED FOR 4/27/00 IS RESCHEDULED FOR 5/3/00 AT 11:00 A.M., COURTROOM 12-A. (SIGNED BY JUDGE EDMUND V. LUDWIG) 4/6/00 ENTERED AND COPIES FAXED. (fb) [Entry date 04/06/00] 4/10/00 144 Memorandum of law by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER in opposition to LAFFERTY'S MOTION TO DIVIDE THE CERTIFIED CLASS INTO SUBCLASSES, Certificate of Service. (fb) [Entry date 04/10/00] Docket as of September 25, 2000 8:28 pm Page 22 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 4/17/00 145 Reply Memorandum of law by DEFENDANT R.F. LAFFERTY in further support of MOTION TO DIVIDE THE CERTIFIED CLASS INTO SUBCLASSES, Certificate of Service. (fb) [Entry date 04/17/00] 4/20/00 146 MOTION by DEFENDANT R.F. LAFFERTY TO DECERTIFY THE CLASS ,OR IN THE ALTERNATIVE TO APPOINT NEW CLASS REPRESENTATIVES, MEMORANDUM, CERTIFICATE OF SERVICE. (jl) [Entry date 04/20/00] 4/28/00 147 MOTION by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER FOR AN EXTENSION OF TIME TO RESPOND TO LAFFERTY'S TO DECERTIFY THE CLASS CERTIFICATE OF SERVICE. (jl) [Entry date 05/01/00] 4/28/00 -- MOTION by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER FOR SANCTIONS AGAINST DEFENDANT R.F. LAFFERTY & CO., STUART MELNICK, ESQ. AND /OR TANNER PROPP, LLP, MEMORANDUM, CERTIFICATE OF SERVICE (see paper #147). (jl) [Entry date 05/01/00] 5/15/00 148 MOTION by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER FOR SUMMARY JUDGMENT AS TO ALL DEFENDANT'S EXCEPT COGEN SKLAR, LLP., MEMORANDUM, AFFIDAVIT. (fp) [Entry date 05/15/00] 5/17/00 149 Transcript of 5/3/00 hearing. (jl) [Entry date 05/17/00] 5/19/00 150 MOTION by DEFENDANT R.F. LAFFERTY FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE. (jl) [Entry date 05/19/00] 5/19/00 151 ORDER THAT THE OBJECTIONS OF PLAINTIFF OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO THE TAKING OF THE DEPOSITIONS OF THE EIGHT MEMBERS OF THE COMMITTEE WILL BE SUSTAINED UNLESS THE SHARIPO DEFENDANTS CAN SHOW BY 5/26/00 THAT THE SUBJECT MATTER OF THAT DISCOVERY INVOLVES ISSUES NOT PREVIOUSLY RULED ON BY THE BANKRUPTCY COURT, ETC. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 5/22/00 ENTERED AND FAXED BY CHAMBERS ON 5/19/00. (jl) [Entry date 05/22/00] 5/22/00 152 Memorandum of law by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER in opposition to LAFFERTY'S MOTION TO DECERTIFY THE CLASS, OR, IN THE ALTERNATIVE TO APPOINT NEW CLASS REPRESENTATIVES , Certificate of Service. (jl) [Entry date 05/22/00] 5/22/00 153 MOTION by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER FOR SANCTIONS AGAINST DEFENDANT R.F. LAFFERTY & CO., STUART MELNICK, ESQ. AND/OR TANNER PROPP, LLP, MEMORANDUM, CERTIFICATE OF SERVICE. (jl) [Entry date 05/22/00] Docket as of September 25, 2000 8:28 pm Page 23 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 5/24/00 154 ORDER THAT A STATUS CONFERENCE WILL BE HELD ON 5/25/00 AT 12:00 P.M. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 5/24/00 ENTERED AND FAXED BY CHAMBERS ON 5/23/00. (jl) [Entry date 05/24/00] 5/25/00 155 ORDER THAT A RULE 16 CONFERENCE PREVIOUSLY SCHEDULED FOR 6/1/00 IS RESCHEDULED FOR 6/29/00 AT 3:00 ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 5/26/00 ENTERED AND FAXED BY CHAMBERS ON 5/25/00. (jl) [Entry date 05/26/00] 5/26/00 156 SUBMISSION BY SHAPIRO DEFENDANTS IN RESPONSE TO ORDER DATED 5/18/00. (jl) [Entry date 05/26/00] 6/6/00 157 STIPULATION AND ORDER THAT DEFENDANTS WILL FILE RESPONSES TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT WITHIN 20 DAYS OF THE DATE OF RECEIPT OF ANSWERS TO THEIR JOINT DISCOVERY REQUESTS, WHICH JOINT DISCOVERY REQUESTS WERE SERVED, VIA REGULAR MAIL ON 5/26/00, ETC. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 6/6/00 ENTERED AND COPIES MAILED AND FAXED. (jl) [Entry date 06/06/00] 6/7/00 158 Transcript of 5/25/00, Telephone Conference (jl) [Entry date 06/07/00] 6/7/00 159 EX PARTE MOTION by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER FOR PRELIMINARY APPROVAL OF PARTIAL SETTLEMENT WITH DEFENDANT COGEN SKLAR, LLP AND NOTICE TO THE CLASS . (jl) [Entry date 06/07/00] 6/7/00 160 ORDER THAT DEFENDANT R.F. LAFFERTY, INC.'S MOTION TO DECERTIFY THE PLAINTIFF CLASS OR, IN THE ALTERNATIVE, TO APPOINT NEW CLASS REPRESENTATIVES IS DENIED. DEFENDANT R.F. LAFFERTY, INC'S MOTION TO DIVIDE THE CERTIFIED CLASS INTO SUBCLASSES IS DENIED WITHOUT PREJUDICE. PLAINTIFFS' MOTION FOR SANCTIONS --RULING DEFERRED ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 6/7/00 ENTERED AND FAXED BY CHAMBERS. (jl) [Entry date 06/07/00] 6/7/00 161 Response by RESPONDENT OFFICIAL COMMITTEE to the SHAPIRO defendants' submission in support of their attempt to depose individual committee members, Certificate of Service. (jl) [Entry date 06/08/00] 6/8/00 162 ORDER THAT PLAINTIFFS' EX PARTE MOTION FOR PRELIMINARY APPROVAL OF PARTIAL SETTLEMENT WITH DEFENDANT COGEN SKLAR, LLP AND NOTICE TO THE CLASS IS GRANTED, A HEARING WILL BE HELD ON 7/27/00 AT 3:00 TO DETERMINE WHETHER THE SETTLEMENT OF THE LITIGATION ON THE TERMS AND CONDITIONS PROVIDED FOR IN THE STIPULATION SHOULD BE FINALL APPROVED, ETC. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 6/8/00 ENTERED AND COPIES MAILED. (jl) [Entry date 06/08/00] Docket as of September 25, 2000 8:28 pm Page 24 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 6/15/00 163 MOTION by DEFENDANT JOHN B. ORR TO COMPEL THE APPEARANCE OF PLAINTIFF'S WERNER NEUBERGER & LOUIS SCOTT ON JULY 10 AND JULY 11, RESPECTIVELY FOR THEIR DEPOSITIONS, MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (jl) [Entry date 06/15/00] 6/20/00 164 MOTION by DEFENDANT COGEN, SKLAR, L.L.P TO ALLOW SUPPLEMENTAL AGREEMENT TO BE FILED UNDER SEAL , BRIEF, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (jl) [Entry date 06/20/00] 6/22/00 165 MOTION by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER TO COMPEL LAFFERTY TO PROVIDE A CURRENT ADDRESS FOR HAROLD HOROWITZ, ESQUIRE, MEMORANDUM, CERTIFICATE OF SERVICE. (jl) [Entry date 06/22/00] 6/22/00 166 MOTION by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER FOR A CONTEMPT FINDING AGAINST NONPARTY A.L. WELLEN & CO. , MEMORANDUM, CERTIFICATE OF SERVICE. (jl) [Entry date 06/22/00] 6/26/00 167 MOTION by DEFENDANT JOHN B. ORR TO STRIKE THE AFFIDAVIT OF MICHAEL J. MOLDER IN ITS ENTIRETY, MEMORANDUM, CERTIFICATE OF SERVICE. (jl) [Entry date 06/26/00] 6/27/00 168 Memorandum by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER in opposition to DEFENDANT JOHN ORR'S MOTION TO COMPEL THE APPEARANCE OF PLAINTIFF'S WERNER NEUBERGER & LOUIS SCOTT ON JULY 10 AND JULY 11, RESPECTIVELY FOR THEIR DEPOSITIONS, Certificate of Service. (jl) [Entry date 06/27/00] 6/29/00 169 Memorandum by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER in opposition to DEFENDANT JOHN ORR'S MOTION TO STRIKE THE AFFIDAVIT OF MICHAEL J. MOLDER IN ITS ENTIRETY , Certificate of Service. (jl) [Entry date 06/29/00] 6/30/00 170 Report of Rule 16 Conference was held on 6/29/00 on the record. (jl) [Entry date 07/05/00] 6/30/00 171 ORDER THAT PLAINTIFF'S MOTION FOR A CONTEMPT FINDING AGAINST NONPARTY A.L. WELLEN & CO. IS DENIED; PLAINTIFFS' MOTION TO COMPEL LAFFERTY TO PROVIDE A CURRENT ADDRESS FOR HAROLD HOROWITZ, ESQUIRE IS MOOT; DEFENDANT COGEN, SKLAR, LLP MOTION TO ALLOW SUPPLEMENTAL AGREEMENT TO BE FILED UNDER SEAL IS WITHDRAWN; DEFENDANT JOHN ORR'S MOTION TO COMPEL THE APPEARANCE OF PLAINTIFF'S WERNER NEUBERGER & LOUIS SCOTT ON JULY 10 AND JULY 11, RESPECTIVELY FOR THEIR DEPOSITIONS IS DENIED; DEFENDANT JOHN ORR'S MOTION TO STRIKE THE AFFIDAVIT OF MICHAEL J. MOLDER IS DENIED, ETC. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/5/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 6/30/00. (jl) [Entry date 07/05/00] Docket as of September 25, 2000 8:28 pm Page 25 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 7/3/00 172 CROSS MOTION by DEFENDANT R.F. LAFFERTY FOR SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE, AFFIDAVIT. (jl) [Entry date 07/05/00] 7/3/00 173 Answer by DEFENDANT ADAM VARRENTI JR., DEFENDANT JOHN B. ORR to Plaintiff's motion for summary judgment, Memorandum, Certificate of Service. (jl) [Entry date 07/05/00] 7/3/00 -- CROSS MOTION by DEFENDANT ADAM VARRENTI JR., DEFENDANT JOHN B. ORR FOR SUMMARY JUDGMENT , MEMORANDUM, CERTIFICATE OF SERVICE (see 97-7947 paper #173). (jl) [Entry date 07/05/00] 7/3/00 174 Response by DEFENDANT WILLIAM SHAPIRO ESQ., DEFENDANT WELCO SECURITIES, IN, DEFENDANT NATHAN TATTAR, DEFENDANT LESTER D. SHAPIRO, DEFENDANT KENNETH S. SHAPIRO, DEFENDANT WILLIAM SHAPIRO in opposition to Plaintiffs' motion for summary judgment as to all defendants except COGEN SKLAR, LLP, Certificate of Service, Memorandum, Exhibits. (jl) [Entry date 07/05/00] 7/6/00 175 MOTION by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER TO COMPEL NONPARTY A.L. WELLEN & CO. TO APPEAR FOR A DEPOSITION, MEMORANDUM, CERTIFICATE OF SERVICE. (jl) [Entry date 07/06/00] 7/6/00 176 Objections by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER to the admission pro hac vice of STUART MELNICK, ESQUIRE on behalf on nonparty A.L. WELLEN & CO., INC., Certificate of Service. (jl) [Entry date 07/06/00] 7/11/00 177 ORDER THAT OBJECTIONS TO STUART MELNICK, ESQ.'S ADMISSION PRO HAC VICE TO REPRESENT A.L. WELLEN & CO-DENIED. SHAPIRO DEFENDANTS REQUEST TO DEPOSE MEMBERS OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS--DENIED ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/11/00 ENTERED AND FAXED BY CHAMBERS. (jl) [Entry date 07/11/00] 7/13/00 178 Objections by DEFENDANT JOHN B. ORR to partial settlement, Certificate of Service. (mld) [Entry date 07/13/00] 7/13/00 179 Objections by DEFENDANT WILLIAM SHAPIRO ESQ., DEFENDANT LESTER D. SHAPIRO, DEFENDANT KENNETH S. SHAPIRO, DEFENDANT WILLIAM SHAPIRO, RESPONDENT DELJEAN SHAPIRO, RESPONDENT PHILIP R. BAGLEY, DEFENDANT NATHAN TATTAR, DEFENDANT WELCO SECURITIES, INC., to partial settlement of consolidated action, Certificate of Service. (mld) [Entry date 07/13/00] [Edit date 07/13/00] 7/17/00 180 Transcript of 6/29/00, Rule 16 conference (jl) [Entry date 07/17/00] 7/17/00 181 APPLICATION of PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER for award of attorneys' fees and expenses, memorandum. (jl) [Entry date 07/17/00] Docket as of September 25, 2000 8:28 pm Page 26 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 7/17/00 182 Memorandum of law by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER in support of final approval of the partial settlement with Cogen Sklar, LLP, Certificate of Service. (jl) [Entry date 07/17/00] 7/21/00 183 CROSS MOTION by MOVANT A.L. WELLEN & CO. TO QUASH SUBPEONA ,and FOR SANCTIONS, CERTIFICATE OF SERVICE. (jl) [Entry date 07/21/00] 7/21/00 184 Affidavit by MOVANT A.L. WELLEN & CO. in opposition to Plaintiffs' motion to compel non-party A.L. WELLEN & CO. to appear for a deposition and in support of the cross-motion of A.L. WELLEN to quash and for sanctions, certificate of service, memorandum. (jl) [Entry date 07/21/00] 7/27/00 185 MOTION by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER FOR LEAVE TO FILE A REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE (reply brief attached). (jl) [Entry date 07/27/00] 7/27/00 186 ORDER THAT DEFENDANT R.F. LAFFERTY & CO., INC. MOTION TO DECERTIFY THE CLASS OR, IN THE ALTERNATIVE, TO APPOINT NEW CLASS REPRESENTATIVES IS MOOT. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/27/00 ENTERED AND FAXED BY CHAMBERS. (jl) [Entry date 07/27/00] 7/27/00 187 ORDER THAT DEFENDANT R.F. LAFFERTY & CO. MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS GRANTED, ETC. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/27/00 ENTERED AND FAXED BY CHAMBERS. (jl) [Entry date 07/27/00] 7/27/00 188 Transcript of 6/24/00, Rule 16 Conference. (jl) [Entry date 07/27/00] 7/28/00 189 Transcript of 7/27/00, Settlement Hearing. (jl) [Entry date 07/28/00] 7/28/00 190 Minute entry: 7/27/00 hearing. To approve settlement with COGAN SKLAR. Judge refers counsel to the Special Master to attempt to resolve language issues. Counsel may supplement the record by filing further submissions within 2 weeks. (jl) [Entry date 07/28/00] 7/28/00 191 Report of Rule 16 Conference held on 7/24/00. (jl) [Entry date 07/28/00] 7/28/00 192 ORDER THAT PLAINTIFFS' MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT IS GRANTED AND THE REPLY BRIEF IS DEEMED FILED AS OF THIS DATE ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/28/00 ENTERED AND COPIES MAILED AND FAXED. (jl) [Entry date 07/28/00] Docket as of September 25, 2000 8:28 pm Page 27 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 7/28/00 193 Reply Brief by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER to Defendants' memoranda of law in opposition to plaintiffs' motion for summary judgment as to all defendants except COGEN SKLAR, LLP, Certificate of Service. (jl) [Entry date 07/28/00] 7/31/00 194 ORDER THAT THE NEXT RULE 16 CONFERENCE WILL BE HELD ON 8/8/00 AT 4:30 ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 7/31/00 ENTERED AND FAXED BY CHAMBERS. (jl) [Entry date 07/31/00] 8/3/00 195 Reply Memorandum by DEFENDANT R.F. LAFFERTY in further opposition to Plaintiffs' motion for summary judgment, Certificate of Service. (jl) [Entry date 08/03/00] 8/3/00 -- Reply Memorandum by DEFENDANT R.F. LAFFERTY in further support of their cross-motion for summary judgment , Certificate of Service (see paper #195). (jl) [Entry date 08/03/00] 8/7/00 196 Sur-reply Memorandum by DEFENDANT JOHN B. ORR, DEFENDANT ADAM VARRENTI JR. in opposition to plff's reply brief to defts' memoranda of law in opposition to plffs' motion for summary judgment as to all defts except Cogen Sklar, LLP, Certificate of Service. (kw) [Entry date 08/07/00] 8/11/00 197 ORDER THAT THE DISCOVERY DEADLINE IS 9/22/00. THE TRIAL DATE IS SCHEDULED FOR 11/6/00. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 8/11/00 ENTERED AND COPIES MAILED AND FAXED. (gn) [Entry date 08/11/00] 8/17/00 198 Transcript of 8/8/00, Rule 16 Conference (jl) [Entry date 08/17/00] 8/17/00 199 MOTION by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER TO SUPPLEMENT THE RECORD, MEMORANDUM, CERTIFICATE OF SERVICE. (jl) [Entry date 08/17/00] 8/21/00 200 Response by DEFENDANT WILLIAM SHAPIRO ESQ., DEFENDANT WELCO SECURITIES, IN, DEFENDANT KENNETH S. SHAPIRO, DEFENDANT WILLIAM SHAPIRO in opposition to PLFFS' MOTION TO SUPPLEMENT THE RECORD, Memorandum, Certificate of Service. (mld) [Entry date 08/22/00] 8/22/00 201 ORDER THAT PLFFS' MOTION TO SUPPLEMENT THE RECORD IS DENIED IN ITS ENTIRETY. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 8/23/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 8/22/00. (mld) [Entry date 08/23/00] 8/22/00 202 AMENDED ORDER THAT A CONFERENCE ON MARC S. HENZEL'S REQUEST FOR A NEW TRIAL DATE IN THE NEUBERGER ACTION WILL BE HELD ON 9/12/00 AT 3:00 P.M. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 8/23/00 ENTERED AND COPIES FAXED BY CHAMBERS ON 8/22/00. (td) [Entry date 08/24/00] Docket as of September 25, 2000 8:28 pm Page 28 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 8/24/00 203 ORDER THAT PLFFS' MOTION TO COMPEL NON-PARTY A.L. WELLEN & CO. TO APPEAR FOR A DEPOSITION IS GRANTED AND THAT WELLEN'S CROSS MOTION TO QUASH SUBPEONA AND FOR SANCTIONS IS DENIED, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 8/25/00 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 08/25/00] [Edit date 08/25/00] 8/24/00 204 ORDER, PLFFS' MOTION TO COMPEL NONPARTY A.L. WELLEN & CO. TO APPEAR FOR A DEPOSITION IS GRANTED, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 8/25/00 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 08/25/00] 8/24/00 205 ORDER, THE CONFERENCE ON MARC S. HENZEL'S REQUEST FOR A NEW TRIAL DATE IN THE NEUBERGER ACTION WILL BE HELD ON 9/5/00 AT 4:00 P.M., ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 8/25/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 8/24/00. (fb) [Entry date 08/25/00] 8/28/00 206 MEMORANDUM AND ORDER AND JUDGMENT APPROVING CLASS ACTION SETTLEMENT, CERTIFYING A SETTLEMENT CLASS, APPROVING A PLAN OF ALLOCATION AND AWARDING ATTORNEY'S FEES AND COSTS. THE COURT DIRECTS ENTRY OF THIS ORDER AS A FINAL JUDGMENT, ETC.. (SIGNED BY JUDGE EDMUND V. LUDWIG) 8/28/00 ENTERED AND COPIES MAILED AND FAXED. (fb) [Entry date 08/28/00] 8/28/00 -- Case closed (so) [Entry date 08/29/00] 9/7/00 207 Report of Rule 16 Pretrial Conference held on 9/5/00. (jl) [Entry date 09/07/00] 9/7/00 208 ORDER THAT DISCOVERY SHALL BE COMPLETED BY 11/10/00 ; TRIAL DATE IS SCHEDULED FOR 12/11/00 ; ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 9/7/00 ENTERED AND FAXED BY CHAMBERS . (jl) [Entry date 09/07/00] 9/7/00 -- Case reopened (kv) [Entry date 09/11/00] 9/8/00 209 MOTION by DEFENDANT WELCO SECURITIES, IN, DEFENDANT ADAM VARRENTI JR., DEFENDANT JOHN B. ORR, DEFENDANT NATHAN TATTAR, DEFENDANT LESTER D. SHAPIRO, DEFENDANT KENNETH S. SHAPIRO, DEFENDANT WILLIAM SHAPIRO FOR RECONSIDERATION OF ORDERS APPROVING CLASS ACTION SETTLEMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (jl) [Entry date 09/08/00] 9/12/00 210 Memorandum by PLAINTIFF LOUIS SCOTT, PLAINTIFF WERNER NEUBERGER in opposition to the non-settling Defendants motion for reconsideration of orders approving the class action settlement , Certificate of Service. (jl) [Entry date 09/12/00] Docket as of September 25, 2000 8:28 pm Page 29 Proceedings include all events. e-SPEC 2:97cv7947 NEUBERGER, et al v. SHAPIRO, et al 9/14/00 211 MEMORANDUM AND ORDER THAT FOLLOWS ORDER ENTERED 8/23/00, GRANTING PLAINTIFFS' "MOTION NONPARTY A.L. WELLEN & CO. TO APPEAR FOR A DEPOSITION." UPON RECONSIDERATION- AS REQUESTED-THAT ORDER SHALL REMAIN IN EFFECT. ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 9/14/00 ENTERED AND FAXED BY CHAMBERS ON 9/13/00. (jl) [Entry date 09/14/00] 9/15/00 212 Transcript of Rule 16 Conference (jl) [Entry date 09/15/00] 9/19/00 213 Opposition by DEFENDANT COGEN, SKLAR, L.L.P to motion for reconsideration of orders and judgment approving settlement , Certificate of Service. (jl) [Entry date 09/19/00] 9/22/00 214 ORDER THAT NON- SETTLING DEFENDANTS' MOTION FOR RECONSIDERATION OF ORDERS APPROVING CLASS ACTION SETTLEMENT IS DENIED ( SIGNED BY JUDGE EDMUND V. LUDWIG ) 9/25/00 ENTERED AND FAXED BY CHAMBERS ON 9/22/00. (jl) [Entry date 09/25/00] [END OF DOCKET: 2:97cv7947]