Docket as of May 6, 1999 [retrieved 5/13/99] Proceedings include all events. ADMPKG 3:98cv528 Reiger v. Altris Software Inc, et al PROTO LEAD ADMPKG PROTO LEAD U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 98-CV-528 Reiger v. Altris Software Inc, et al Filed: 03/16/98 Assigned to: Judge Thomas J. Whelan Jury demand: Plaintiff Referred to: Magistrate Judge James F Stiven Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt # in SO CA : is 3:98-cv-00697 Cause: 15:78m(a) Securities Exchange Act ROBERT REIGER, On Behalf of William S Lerach Himself and All Others (619)231-7423 Similiarly Situated [COR LD NTC] plaintiff Milberg Weiss Bershad Hynes and Lerach 600 West Broadway Suite 1800 San Diego, CA 92101-3356 (619)231-1058 Douglas M McKeige [COR LD NTC] Daniel L Berger [COR LD NTC] Gerald H Silk [COR LD NTC] Bernstein Litowitz Berger and Grossman 1285 Avenue of the Americas 33rd Floor New York, NY 10019 (212)554-1400 Ellen Gusikoff Stewart [COR LD NTC] Spector and Rosemon 600 West Broadway Suite 1800 San Diego, CA 92101 (619)338-4514 v. ALTRIS SOFTWARE INC Meryl L Young defendant (619)544-8190 [COR LD NTC] Gibson Dunn and Crutcher 401 West A Street Suite 1900 San Diego, CA 92101-4605 (619)544-8000 JAY V TANNA Cary W Miller defendant (619)645-5365 [COR LD NTC] Luce Forward Hamilton and Scripps 600 West Broadway Suite 2600 San Diego, CA 92101-3391 (619)699-2415 JOHN W LOW Meryl L Young defendant (See above) [COR LD NTC] ======================== PRICE WATERHOUSE LLP Miles N Ruthberg defendant [term 04/30/99] [term 04/30/99] (213)891-8763 [COR LD NTC] Latham and Watkins 633 West 5th Street Suite 3800 Los Angeles, CA 90071 (213)891-8754 3/16/98 1 Complaint Filed; Summons(es) issued on 3/16/98 (referred to Magistrate James F. Stiven) Receipt No/Amt of Fee: 37097/$150; Demand for Jury Trial (jah) [Entry date 03/17/98] [3:98cv528] 3/24/98 2 Minutes: Enter Order by Judge Edward J. Schwartz; It is hereby ordered that Edward J. Schwartz hereby recuses himself from the above entitled case and orders that the case be reassigned to another judge. Case reassigned to Judge Judith N. Keep (cc: all counsel) (hmr) [Entry date 03/25/98] [3:98cv528] 4/15/98 3 Stipulation and Order by Judge Judith N. Keep Extending time for John W Low, for Jay V Tanna, for Altris Software Inc to respond to cmp by 21 days; from 4/8/98 to and including 4/29/98, subject to further agreement among counsel regarding an appropriate schedule for consolidation, motions for appointment of lead pla, selection of lead counsel and filing of responses to this action and related actions. (atty maint) (cc: all counsel) (hmr) [Entry date 04/16/98] [Edit date 04/29/98] [3:98cv528] 5/8/98 4 Stipulation and Order by Judge Judith N. Keep: All Dfts who have been served shall respond to the consolidated amended complaint to be filed by the lead pla following the appt of the lead pla within 45 days of service of the consolidated complaint. Any opposition to any motion to dismiss the consolidated complaint shall be filed on or before 45 days following service of the motion to dismiss. Reply to any opposition to dfts' motion to dismiss shall be filed 21 days following the service of plas' opposition on dfts. If plas' motion to consolidate is denied, all dfts who have been served shall respond to the pending complaint within 45 days after the issuance of this ct's order denying the motion to consolidate.(cc: all counsel) (cg) [Entry date 05/11/98] [3:98cv528] 5/18/98 6 Notice of Motion and Motion by plaintiff Robert Reiger to consolidate 6 cases, #98-528 - J (JFS), 98-553 - IEG (RBB), 98-612 - K (POR), 98-697 - K (RBB), 98-806 - J (JAH), and 98-827 - B (RBB) [ motion(s) referred to Judge Napoleon A. Jones ] motion hrg set for 8/31/98 at 10:30 a.m. t/w prf svc (cg) [Entry date 05/19/98] [3:98cv528] 5/18/98 7 Memorandum of points and authorities by plaintiff Robert Reiger in support of motion to consolidate 6 cases, #98-528 - J (JFS), 98-553 - IEG (RBB), 98-612 - K (POR), 98-697 - K (RBB), 98-806 - J (JAH), and 98-827 - B (RBB) [6-1] t/w prf svc (cg) [Entry date 05/19/98] [3:98cv528] 5/18/98 8 Notice of Motions and Motions by plaintiff Robert Reiger to be appt lead plas pursuant to 21D(a)(3)(B)i od the Securities Exchange Act and to approve selection of counsel [ motion(s) referred to Judge Napoleon A. Jones ], motion hrg set for 8/31/98 at 10:30 a.m. t/w prf svc (cg) [Entry date 05/19/98] [3:98cv528] 5/18/98 9 Memorandum of points and authorities by plaintiff Robert Reiger in support of motion to be appt lead plas pursuant to 21D(a)(3)(B)i od the Securities Exchange Act [8-1], in support of motion to approve selection of counsel [8-2] t/w prf svc (cg) [Entry date 05/19/98] [3:98cv528] 5/18/98 10 Declaration of Ellen Gusikoff Stewart by plaintiff Robert Reiger re motion to be appt lead plas pursuant to 21D(a)(3)(B)i od the Securities Exchange Act [8-1], re motion to approve selection of counsel [8-2] t/w exhibits and prf svc (cg) [Entry date 05/19/98] [3:98cv528] 5/18/98 12 Minutes: Enter Order by Judge Judith N. Keep: Hereby recuses from this case and orders that the case be reaasigned to another judge. Case reassigned to Judge Napoleon A. Jones Ct advises he docket clerks that the following cases were low numbered to the above case: 98cv612 -K, 98cv697-K, 98cv806 -K (cc: all counsel) (cg) [Entry date 05/21/98] [3:98cv528] 5/19/98 5 DISCREPANCY ORDER by Judge Judith N. Keep rejecting document: Motion for appt of lead counsel from plaintiff Robert Reiger , non-compliance with local rule 7.1.f (cc: all counsel) (cg) [3:98cv528] 5/20/98 11 Notice of Rescheduling of Motion Hearing by plaintiff Robert Reiger [ motion(s) to be appt lead plas pursuant to 21D(a)(3)(B)i of the Securities Exchange Act, to approve selection of lead counsel, and to consolidate 6 cases, #98-528 - J (JFS), 98-553 - IEG (RBB), 98-612 - K (POR), 98-697 - K (RBB), 98-806 - J (JAH), and 98-827 - B (RBB) cont to 10:30 on 8/31/98 before Judge Jones t/w prf svc (cg) [Entry date 05/21/98] [Edit date 05/27/98] [3:98cv528] 6/3/98 13 Return of Service executed upon defendant Altris Software Inc of summons and complaint on 4/8/98 by personal svc (cg) [Entry date 06/04/98] [3:98cv528] 6/3/98 14 Waiver of service of summons by defendant Jay V Tanna on 5/14/98 (cg) [Entry date 06/04/98] [3:98cv528] 6/3/98 15 Return of Service executed upon defendant John W Low of summons and complaint on 4/8/98 by personal svc (cg) [Entry date 06/04/98] [3:98cv528] 8/17/98 16 Opposition by Perritt Microcap, Carmi Group, to motion to be appt lead plas pursuant to 21D(a)(3)(B)i of the Securities Exchange Act [8-1], motion to approve selection of counsel [8-2] t/w prf svc (cg) [Entry date 08/18/98] [3:98cv528] 8/17/98 17 Declaration of Behram V Parekh by Perritt Microcap, Carmi Group re motion response [16-1] t/w exhibits and prf svc (cg) [Entry date 08/18/98] [3:98cv528] 8/17/98 21 Opposition by plaintiff Robert Reiger to motion for appt of lead plas [19-1], motion for appt of lead co-counsel [19-2], t/w prf svc (cg) [Entry date 08/25/98] [Edit date 08/25/98] [3:98cv528] 8/17/98 22 Declaration of Michael L Schrag by plaintiff Robert Reiger re motion for appt of lead plas [19-1], re motion for appt of lead co-counsel [19-2] t/w echibits and prf svc (cg) [Entry date 08/25/98] [3:98cv528] 8/24/98 18 DISCREPANCY ORDER by Judge Napoleon A. Jones accepting document: Motion and memorandum of p/a's for appt of Lead plas and co-lead counsel from Carmi Group , Original doc not found , document is to be filed nunc pro tunc to the date received (cc: all counsel) (cg) [3:98cv528] 8/24/98 19 NUNC PRO TUNC TO 5/15/98 - Notice of Motions and Motions by Carmi Group for appt of lead plas, for appt of lead co-counsel, to consolidate all related cases [ motion(s) referred to Judge Napoleon A. Jones], motion hrg set for 6/15/98 at 10:30 a.m. t/w p/a's (Copy original not found) (cg) [Entry date 08/25/98] [Edit date 08/25/98] [3:98cv528] 8/24/98 20 NUNC PRO TUNC TO 5/15/98 - Declaration of Behram V Parekh by Carmi Group re motion for appt of lead plas [19-1], re motion for appt of lead co-counsel [19-2], re motion to consolidate all related cases [19-3] t/w exhibits (cg) [Entry date 08/25/98] [3:98cv528] 8/24/98 23 Reply by Perritt Microcap, Carmi Group to opposition to motion for appt of lead plas motion for appt of lead co-counsel [19-2], t/w prf svc (cg) [Entry date 08/25/98] [3:98cv528] 8/24/98 24 Reply by plaintiff Robert Reiger to opposition to motion to be appt lead plas pursuant to 21D(a)(3)(B)i od the Securities Exchange Act [8-1], motion to approve selection of counsel [8-2] t/w prf svc (cg) [Entry date 08/25/98] [3:98cv528] 8/24/98 25 Declaration by plaintiff Robert Reiger re motion reply [24-1] t/w exhibits and prf svc (cg) [Entry date 08/25/98] [3:98cv528] 8/28/98 26 Non-opposition by defendant Altris Software Inc , defendant John W Low to motion to consolidate all related cases [19-3], motion to consolidate 6 cases, #98-528 - J (JFS), 98-553 - IEG (RBB), 98-612 - K (POR), 98-697 - K (RBB), 98-806 - J (JAH), and 98-827 - B (RBB) [6-1] t/w prf svc (cg) [Entry date 08/31/98] [Edit date 08/31/98] [3:98cv528] 8/31/98 27 Proof of service by defendant Altris Software Inc, defendant John W Low of: Notice of Non Opposition to motion to consolidate related actions upon Counsel for releated cases by US Mail on 8/28/98 (cg) [3:98cv528] 9/14/98 28 Order by Judge Napoleon A. Jones: Granting the Riger Group, Carmi Group, DeMaine Group and the Weiser Group motion to consolidate all related cases. Ct grants the Reiger Group's motion for appt of lead pla; Ct denies Carmi Group's motion of appt of lead pla. Ct approves Lead Plas selection of Milberg Weiss Bershad Hynes and Lerach LLP, Spector and Roseman P.C. and Bernstein Litowitz Berger and Grossman LLP as co lead counsel for the consolidated action. Lead plas shall file a consolidated amended complaint within 45 days of the filing of this order. All dfts who have been served shall respond to the consolidated amended complaint. Case Consolidate 6 cases, #98-528 - J (JFS), 98-553 - IEG (RBB), 98-612 - K (POR), 98-697 - K (RBB), 98-806 - J (JAH), and 98-827 - B (RBB) All further docketing will be in the lead case #98-528 (cc: all counsel) (cg) [Entry date 09/15/98] [Edit date 09/15/98] [3:98cv528 3:98cv553 3:98cv612 3:98cv697 3:98cv806 3:98cv827] 9/30/98 29 Pro Hac Vice approved by Judge Napoleon A. Jones on behalf of plaintiff Robert Reiger in 3:98-cv-00528 for Gerald H Silk (cc:all counsel) (cg) [Entry date 10/01/98] [3:98cv528] 9/30/98 30 Pro Hac Vice approved by Judge Napoleon A. Jones on behalf of plaintiff Robert Reiger in 3:98-cv-00528 for Douglas M McKeige (cc:all counsel) (cg) [Entry date 10/01/98] [3:98cv528] 10/13/98 35 Notice of appeal by proposed co-lead plaintiffs Perritt MicroCap Opportunities Fund & the Carmi Group from Dist. Court decision Receipt No/Amt of Fee: #42803/$105 [28-1] (pa) [Entry date 11/27/98] [3:98cv528] 10/29/98 31 Consolidated First Amended complaint [1-1] n; adding Price Waterhouse LLP to case(s) 3:98-cv-00528, t/w exhibit and prf svc (cg) [Entry date 10/30/98] [Edit date 10/30/98] [3:98cv528] 10/29/98 32 Amended Summons issued as to defendant Altris Software Inc in 3:98-cv-00528, defendant Jay V Tanna in 3:98-cv-00528, defendant John W Low in 3:98-cv-00528, defendant Price Waterhouse LLP in 3:98-cv-00528 (cg) [Entry date 10/30/98] [3:98cv528] 11/10/98 33 Order by Judge Napoleon A. Jones Case reassigned to Judge Thomas J. Whelan; systems notified to transfer motions; (cc: all counsel) (jrl) [Entry date 11/12/98] [3:98cv528] 11/12/98 34 Return of Service executed upon defendant Price Waterhouse LLP in 3:98-cv-00528 of amended summons and complaint on 10/30/98 by personal svc (cg) [Entry date 11/16/98] [3:98cv528] 11/30/98 -- Record on Notice of Appeal sent to Circuit Court [35-1] (pa) [3:98cv528] 12/1/98 36 Protective Order by Judge Thomas J. Whelan: and scheduling submission of docs to the court (cc: all counsel) (jrl) [Entry date 12/02/98] [3:98cv528] 12/14/98 37 Stipulation and Order by Judge Thomas J. Whelan; Answer to consolidated amended class action cmp extended to 1/13/99 for Price Waterhouse LLP (cc: all counsel) (jrl) [3:98cv528] 12/18/98 38 Notification by Circuit Court of Appellate Docket Number [35-1] 98-56894 (pla) [Entry date 12/22/98] [3:98cv528] 12/18/98 -- Received Order for appeal time schedule from USCA: ct reporter shall file transcript in USDC by 12/14/98; appellant's opening brief & excerpts of record shall be served & filed by 1/29/99; the brief of appellee shall be filed & served by 3/1/99; the optional appellant reply brief shall be filed & served w/in 14 days of service of the appellee's brief. (pla) [Entry date 12/22/98] [3:98cv528] 1/8/99 39 Notice by plaintiff Robert Reiger in 3:98-cv-00528 of change of address of the Law Firm of Entwistle and Cappucci LLP to 400 Park Ave., 16th Floor, New York, NY 10022-4406 (atty main) (csg) [Entry date 01/11/99] [Edit date 01/11/99] [3:98cv528] 1/13/99 40 Notice of Motion and Motion by defendant Price Waterhouse LLP in 3:98-cv-00528 to dismiss plas' consolidated amended complaint [ motion(s) referred to Judge Thomas J. Whelan ] motion hrg set for 4/5/99 at 10:30 a.m. (csg) [Entry date 01/14/99] [3:98cv528] 1/13/99 41 Memorandum of points and authorities by defendant Price Waterhouse LLP in 3:98-cv-00528 in support of motion to dismiss plas' consolidated amended complaint [40-1] (csg) [Entry date 01/14/99] [3:98cv528] 1/13/99 42 Declaration of Julia E Parry by defendant Price Waterhouse LLP in 3:98-cv-00528 re motion to dismiss plas' consolidated amended complaint [40-1] (csg) [Entry date 01/14/99] [3:98cv528] 1/13/99 43 Notice of Motion and Motion by defendant Altris Software Inc in 3:98-cv-00528, defendant John W Low in 3:98-cv-00528 to dismiss plas' consolidated amended complaint [ motion(s) referred to Judge Thomas J. Whelan ] motion hrg set for 4/5/99 at 10:30 a.m. (csg) [Entry date 01/14/99] [3:98cv528] 1/13/99 44 Memorandum of points and authorities by defendant Altris Software Inc in 3:98-cv-00528, defendant John W Low in 3:98-cv-00528 in support of motion to dismiss plas' consolidated amended complaint [43-1] (csg) [Entry date 01/14/99] [3:98cv528] 1/14/99 45 Notice of change of address by Atty Robert M Roseman to 1818 Market Street, Suite 2500, Philadelphia, PA 19103 (atty will not appear in these consolidated cases) (csg) [Entry date 01/15/99] [3:98cv528] 1/14/99 46 Notice of change of address of Atty Robert M Roseman to 1818 Market Street, Suite 2500, Philadelphia, Pa, 19103 (atty will not appear in these consolidated cases) (csg) [Entry date 01/15/99] [Edit date 01/21/99] [3:98cv528] 1/15/99 47 Notice of and JOINDER by defendant Jay V Tanna in 3:98-cv-00528 joining dft Altri Software, Inc and John W Low's motion to dismiss plas' consolidated amended complaint [43-1] (csg) [3:98cv528] 1/15/99 48 Notice of Motion and Motion by defendant Jay V Tanna in 3:98-cv-00528 to dismiss for failure to state a claim upon which relief can be granted. [ motion(s) referred to Judge Thomas J. Whelan ] motion set for 4/5/99 at 10:30 A.M. (csg) [3:98cv528] 1/15/99 49 Memorandum of points and authorities by defendant Jay V Tanna in 3:98-cv-00528 in support of motion to dismiss for failure to state a claim upon which relief can be granted. [48-1] (csg) [3:98cv528] 1/19/99 50 Amended Notice of Motion and Motions submitted by defendant Price Waterhouse LLP in 3:98-cv-00528 to dismiss plas consolidated amended complaint [ motion(s) referred to Judge Thomas J. Whelan ] motion hrg set for 4/19/99 at 10:30 a.m. (csg) [Entry date 01/20/99] [3:98cv528] 1/22/99 51 JOINDER by defendant Jay V Tanna in 3:98-cv-00528 joining motion to dismiss plas' consolidated amended complaint [43-1] (csg) [Entry date 01/25/99] [3:98cv528] 1/22/99 52 Notice of Motion and Motion by defendant Jay V Tanna in 3:98-cv-00528 to dismiss for failure to state a a claim upon which relief can be granted [ motion(s) referred to Judge Thomas J. Whelan ] motion set for 4/19/99 at 10:30 a.m. (csg) [Entry date 01/25/99] [3:98cv528] 1/22/99 53 Memorandum of points and authorities by defendant Jay V Tanna in 3:98-cv-00528 in support of motion to dismiss for failure to state a a claim upon which relief can be granted [52-1] (csg) [Entry date 01/25/99] [3:98cv528] 1/22/99 54 Amended Motion submitted by defendant Altris Software Inc in 3:98-cv-00528, defendant John W Low in 3:98-cv-00528 to dismiss the consolidated amended complaint [ motion(s) referred to Judge Thomas J. Whelan ] motion hrg set for 4/19/99 at 10:30 a.m. (csg) [Entry date 01/26/99] [3:98cv528] 1/27/99 55 Stipulation and Order by Judge Thomas J. Whelan: pla's shall file and serve any opposition papers to dfts' motions to dismiss the consolidated amended class action complaint on or before 3/15/99, and dfts shall file and serve any reply papers on or before 4/12/99 [54-1] [50-1] (lmm) [3:98cv528] 2/22/99 -- Received judgement from USCA. Forward to Court Clerk for calendar. (pla) [3:98cv528] 3/4/99 56 Notice of Spreading the Mandate ; appeal mandate hearing set 10:30 3/29/99 re USCA dismissing the USDC decision " (pla) [Entry date 03/05/99] [3:98cv528] 3/15/99 57 Memo in Opposition by plaintiff Robert Reiger in 3:98-cv-00528 to dft Price Waterhouse's motion to dismiss plas consolidated amended complaint [50-1] (lmh) [Entry date 03/16/99] [3:98cv528] 3/15/99 58 Declaration of Michael L. Schrag by plaintiff Robert Reiger in 3:98-cv-00528 in support of plas' opposition to motion to dismiss [57-1]; t/w attachments (lmh) [Entry date 03/16/99] [3:98cv528] 3/17/99 59 Stipulation and Order by Judge Thomas J. Whelan : motion to dismiss for failure to state a claim upon which relief can be granted. [48-1], motion to dismiss for failure to state a a claim upon which relief can be granted [52-1], motion to dismiss the consolidated amended complaint [54-1] are withdrawn w/out prejudice. (lmh) [Entry date 03/18/99] [3:98cv528] 3/29/99 60 Minutes of Mandate Hearing, certified copy of USCA jgm dismissing the appeal ordered filed and entered. Court Reporter: J King (pla) [Entry date 04/01/99] [3:98cv528] 3/29/99 61 Certified copy of judgment from USCA dismissing the appeal [35-1] (pla) [Entry date 04/01/99] [3:98cv528] 4/12/99 62 Reply Brief by defendant Price Waterhouse LLP in 3:98-cv-00528 in support of motion to dismiss plas consolidated amended complaint [50-1] (lmh) [Entry date 04/13/99] [3:98cv528] 4/12/99 63 Declaration of Julia E. Parry by defendant Price Waterhouse LLP in 3:98-cv-00528 in support of motion reply [62-1]; t/w exhibit (lmh) [Entry date 04/13/99] [3:98cv528] 4/12/99 64 Proof of service by defendant Price Waterhouse LLP in 3:98-cv-00528 of: Reply Brief in support of mot to dismiss consolidated amd cmp; Decl of Julia E. Parry in support thereof (lmh) [Entry date 04/13/99] [3:98cv528] 4/30/99 65 Order by Judge Thomas J. Whelan: Dft Price Waterhouse's motion to dismiss plas consolidated amended complaint [50-1] is granted in its entirety, Ct dismisses w/out prejudice first claim and dismisses w/prejudice third claim against Price Waterhouse, and dismisses Price Waterhouse from the action, terminating party Price Waterhouse LLP in 3:98-cv-00528; Plas have until 5/17/99 to file and serve an amd cmp. (lmh) [Entry date 05/03/99] [Edit date 05/06/99] [3:98cv528] [END OF DOCKET: 3:98cv528]