Docket as of May 20, 1999 [retrieved 5/27/99] Proceedings include all events. 7:99cv412 American Bank Note H, et al v. , et al LEAD LEAD U.S. District Court Southern District of New York - Civil Database (White Plains) CIVIL DOCKET FOR CASE #: 99-CV-412 American Bank Note H, et al v. , et al Filed: 01/20/99 Assigned to: Judge Colleen McMahon Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:77 Securities Fraud DAVID J. STEINBERG, David J. Daniel L. Berger Steinberg and Chaile B. [COR LD NTC] Steinberg on Behalf of Bernstein, Litowitz, Berger & Themselves and All Others Grossmann, L.L.P. Similarly Situated, 1285 Avenue of the Americas plaintiff New York, NY 10019 (212) 554-1400 CHAILE B. STEINBERG, Chaile B. Daniel L. Berger Steinberg, on Behalf of (See above) Themselves and All Others [COR LD NTC] Similarly Situated, plaintiff THOMAS J. PANAGIOTATOS consolidated plaintiff UFUK UFUK TUKEL, ON BEHALF OF Andrew J. Entwistle HIMSELF AND ALL OTHERS [COR LD NTC] SIMILARLY SITUATED Entwistle & Cappucci LLP consolidated plaintiff 400 Park Avenue, 16th Floor New York, NY 10022 (212) 894-7200 CAROLINE WEISZ consolidated plaintiff BEATRICE LEVY consolidated plaintiff TOM YUAN consolidated plaintiff TIM TIM FEUZ, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, consolidated plaintiff BRIAN LEMAY consolidated plaintiff DANIEL KURSMAN consolidated plaintiff GERBRILOR INTERNATIONAL CORPORATION consolidated plaintiff MEI-YU CHUANG consolidated plaintiff BARRY GOLDBERG consolidated plaintiff ROBERT STROUGO, Esq. Jeffrey B. Silverstein consolidated plaintiff [COR LD NTC] Wechsler, Harwood, Halebian & Feffer LLP 488 Madison Avenue New York, NY 10022 (212) 935-7400 CRAIG SINGER consolidated plaintiff ROYCE PORKERT consolidated plaintiff JAMES S. KRIEGER consolidated plaintiff MURIEL MOTTER consolidated plaintiff ALVIN PASTERNAK consolidated plaintiff WILLIAM FURLING, III consolidated plaintiff DEBORAH KROHN consolidated plaintiff ALAN R. MENZIES consolidated plaintiff v. AMERICAN BANK NOTE Pomerantz Levy Haudek Block & HOLOGRAPHICS, INC., Grossman defendant [COR LD NTC] 100 Park Avenue New York, NY 10017-5516 (212)661-1100 Kevin C. Logue [COR LD NTC] William C. Rand [COR LD NTC] Paul, Hastings, Janofsky & Walker, LLP 399 Park Avenue 31st Floor New York, NY 10022 (212)318-6000 Robert I. Harwood [COR LD NTC] Wechsler, Harwood, Halebian & Feffer, L.L.P. 488 Madison Avenue New York, NY 10022 (212) 935-7400 Richard B. Dannenberg [COR LD NTC] Lowey, Dannenberg, Bemporad & Selinger, P.C. The Gateway One North Lexington Avenue 11th Floor White Plains, NY 10601 (914) 997-0500 MORRIS WEISSMAN defendant JOSHUA C. CANTOR James Mitchell defendant [COR LD NTC] Stillman & Friedman, P.C. 425 Park Ave New York, NY 10022 RICHARD P. MACCHIARULO defendant JEFFREY N. DUGAL defendant AMERICAN BANKNOTE CORPORATION, John Michael Vassos defendant [COR LD NTC] Morgan, Lewis & Bockius, L.L.P. 101 Park Avenue New York, NY 10178 (212) 309-6000 JOHN T. GORMAN consolidated defendant PATRICK J. GENTILE consolidated defendant NATIONSBANC MONTGOMERY SECURITIES consolidated defendant LAZARD FRERES & CO. consolidated defendant RAYMOND JAMES & ASSOCIATES consolidated defendant SALOMON SMITH BARNEY, INC. consolidated defendant 1/20/99 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 325641 (ll) [Entry date 01/21/99] 1/20/99 -- Magistrate Judge Lisa M. Smith is so Designated. (ll) [Entry date 01/21/99] 1/20/99 2 Rule 1.9 certificate filed by American Bank Note H (ll) [Entry date 01/21/99] 2/8/99 3 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE (see doc for details) ....Counsel recv'ing this shall mail copies to all other counsel of record... Counsel for all parties are directed to confer re an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than 6 mnths from the date of this order, counsel shall sign and file w/in 45 days from the date hereof a consent order in the form annexed..... If such a consent order is not filed w/in the time provided, a conf. will be held on 3/12/99 at 10:30am.... ( signed by Judge Colleen McMahon ); Copies mailed (ds) [Entry date 02/09/99] 2/18/99 4 Letter filed dated February 17, 1999 to ken Zaephel from William C. Rand, re: fourteen similar class action cases filed in the SDNY that are related to above actions. I have listed these cases in an appendix attached hereto. As a result of these numerous related class action cases, we have stipulated with plntfs to extend time to ansew until thirty days after the service of an amended consolidated complaint. A date certain for the extensions cannot be specified at this time ... We ask that the pending conferences presently scheduled for 2/26/99 and 3/12/99 be adjourned pending consolidation of the cases ... (pf) [Entry date 02/19/99] 2/26/99 -- Pre-trial conference held before USDJ McMahon. Transcript taken by Thomas Murray (ds) [Entry date 03/01/99] 3/22/99 5 NOTICE OF MOTION by Plaintiffs' for an order, pursuant to 21D(a)(3)(B) of the Securities Litigation Reform Act of 1934("the Exchange Act"), as amended by the Private Securities Litigation Reform Act of 1995(the "PSLRA" or the "Reform Act"), and 27(a)(3)(B) of the Securities Act of 1933(the "Securities Act:), as amended by the PSLRA: 1. Appointing the Slyman Clarion Tukel Plaintiff Group as Lead Plaintiff in the above-captioned class actions and in any subsequently-filed, related class action; 2. Approving the Slyman Clarion Tukel Plaintiff Group's selection of Entwistle & Cappucci LLP, Milberg Weiss Bershad Hynes & Lerach LLP and Wolf Popper LLP as Plaintiffs' co-lead counsel and appointing Lowey Dannenberg Bemporad & Selinger P.C. as Plaintiffs' liaison counsel; and 3. Granting such other and further relief as the Court deemsjust and proper. , Return date (pf) [Entry date 03/29/99] 3/22/99 6 AFFIDAVIT in support of Peter G. A. Safirstein Re: Plaintiffs' [5-1] motion for an order, pursuant to 21D(a)(3)(B) of the Securities Litigation Reform Act of 1934("the Exchange Act"), as amended by the Private Securities Litigation Reform Act of 1995(the "PSLRA" or the "Reform Act"), and 27(a)(3)(B) of the Securities Act of 1933(the "Securities Act:), as amended by the PSLRA: 1. Appointing the Slyman Clarion Tukel Plaintiff Group as Lead Plaintiff in the above-captioned class actions and in any subsequently-filed, related class action; 2. Approving the Slyman Clarion Tukel Plaintiff Group's selection of Entwistle & Cappucci LLP, Milberg Weiss Bershad Hynes & Lerach LLP and Wolf Popper LLP as Plaintiffs' co-lead counsel and appointing Lowey Dannenberg Bemporad & Selinger P.C. as Plaintiffs' liaison counsel; and 3. Granting such other and further relief as the Court deemsjust and proper. (pf) [Entry date 03/29/99] 3/22/99 7 MEMORANDUM in support by Plaintiffs' of [5-1] motion for an order, pursuant to 21D(a)(3)(B) of the Securities Litigation Reform Act of 1934("the Exchange Act"), as amended by the Private Securities Litigation Reform Act of 1995(the "PSLRA" or the "Reform Act"), and 27(a)(3)(B) of the Securities Act of 1933(the "Securities Act:), as amended by the PSLRA: 1. Appointing the Slyman Clarion Tukel Plaintiff Group as Lead Plaintiff in the above-captioned class actions and in any subsequently-filed, related class action; 2. Approving the Slyman Clarion Tukel Plaintiff Group's selection of Entwistle & Cappucci LLP, Milberg Weiss Bershad Hynes & Lerach LLP and Wolf Popper LLP as Plaintiffs' co-lead counsel and appointing Lowey Dannenberg Bemporad & Selinger P.C. as Plaintiffs' liaison counsel; and 3. Granting such other and further relief as the Court deemsjust and proper. (pf) [Entry date 03/29/99] 3/31/99 -- Magistrate Judge Smith is so Designated. (ds) 4/6/99 8 Transcript of record of proceedings filed for dates of Feb. 26, 1999 (ds) 4/13/99 -- Memorandum to Docket Clerk: Hearing begun and concluded on April 9, 1999 of the "Slyman Clarion Tukel Plaintiff Group's" Motion to be appointed as lead plaintiff and approved the selection of Entwistle & Cappucci LLP, Millberg Weiss Bershad Hynes & Leroch LLP and Wolf Popper LLP as plaintiffs' co-lead counsel and appointing Lowey Dannenberg Bemporad & Sellinger PC as plaintiff's liason counsel(Doc#5) docketed March 22, 199. Court Reporter Mary Staten. Judge's Decision: The Court appoints the "Slyman Clarion Tukel Plaintiff Group" lead plaintiff counsel for the American Banknote Holographics class and the law firm of Lowey Dannenberg as liason counsel in this group. This case shall be consolidated with all other American Banknote cases for pretrial purposes. All filings shall be docketed hereonin as "In Re: American Banknote Holographics Securities Action" under case number 99cv412(CM). See Transcript. So Ordered(McMahon, J). Submitted by Kenneth Zaepfel, courtroom deputy.: terminating [5-1] motion for an order, pursuant to 21D(a)(3)(B) of the Securities Litigation Reform Act of 1934("the Exchange Act"), as amended by the Private Securities Litigation Reform Act of 1995(the "PSLRA" or the "Reform Act"), and 27(a)(3)(B) of the Securities Act of 1933(the "Securities Act:), as amended by the PSLRA: 1. Appointing the Slyman Clarion Tukel Plaintiff Group as Lead Plaintiff in the above-captioned class actions and in any subsequently-filed, related class action; 2. Approving the Slyman Clarion Tukel Plaintiff Group's selection of Entwistle & Cappucci LLP, Milberg Weiss Bershad Hynes & Lerach LLP and Wolf Popper LLP as Plaintiffs' co-lead counsel and appointing Lowey Dannenberg Bemporad & Selinger P.C. as Plaintiffs' liaison counsel; and 3. Granting such other and further relief as the Court deemsjust and proper. (pf) [Edit date 04/13/99] 4/13/99 -- Consolidated Lead Case. Consolidated member cases:All 1999 cases:419, 430, 434, 434, 439, 444, 514, 552, 565, 566, 661, 688, 742, 794, 940, 1018, 1019, 1119, 1433, 1762, 1790. (ec) [Entry date 04/23/99] 5/4/99 9 Letter filed dated April 30, 1999 to Judge McMahon from atty Ariana J. Tadler re proposed scheduling order (ec) [Entry date 05/05/99] 5/4/99 10 ORDER...it is hereby stipulated, agreed and ordered int he Holographic Action as follows: 1. The Holographics Action and the american Banknote Action, pending in this District, as consolidaated by this Court on April 9, 1999, shall be referred to herein as the "Consolidated Actions." 2. All papers filed in the Consolidated Actions shall bear the following caption:In re American Bank Note Holographics, Inc. Securities Litigation (99CV412) and In re American Banknote Corporation Securities Litigation (99CV661). 3. When a document is intended to be applicable to all actions in The consolidated Actions" shall appear immediately next to the words "This Document Relates to:" in the capiton. When a document is intended to be applicable to only the Holographics Action, the words "All Holographics Actions" shall appear immediately below the words "This document relates to:" and "99CV0412" shall appear immediately below the caption. When a document is intended to be applicable to only some, but not all, of the Holographics Actions, the name or names of the pltf of pltfs in each individual action to which the document is intended to apply shall appear immediately below the words "This Document Relates to:" in the caption and the docket number or number of such action or actions shall appear in the caption bos. 4. When a document is filed applicable to "All Consolidated Actions" or "All Holographics Actions," the Clerk shall file such document in the Master File, designated by the Court at 99CV412, and note such filing in the Master docket. No further papers need be filed or docket entries made. ( signed by Judge Colleen McMahon ); Copies mailed (ec) [Entry date 05/05/99] 5/4/99 11 SCHEDULING ORDER setting .... it is hereby stip. and agreed and ordered on or before May 10, 1999, which is within thirty (30) days of the Court's April 9, 1999 order consolidating the Consolidated Actions, Lead pltfs in the Holographics Action, by their counsel, will file and serve a consolidated complaint. On or before May 10, 1999, which is within thirty (30) days of the Court's April 9, 1999 order consolidating the consolidated Actions, lead plts in the American Banknote Action by their counsel, will file and serve a consolidated complaint. On or before June 24, 1999, which is within forty-five (45) days of the anticipated filing and service of the Holographics Consolidated Complaint, each deft shall answer, move or otherwise respond to the Holographics Consolidated complaint. If one or more defts file any motion directed to the Holographics consolidated complaint, pltfs shall have thirty (30) days to serve responsive papers, and the movant shall have fourteen (14) day to serve reply papers. On or before June 24, 1999, which is within forty-five (45) days of the anticipated filling and service of the American Banknote consolidated complaint, each deft shall answer, move or otherwise respond to the American Banknote consolidated complaint. If one or more defts file any motion directed to the American Banknotee consolidated complaint, pltfs shall have thirty (30) days to serve responsive papers, and the movant shall have fourteen (14) days to serve reply papers. Merits discovery shall commence on Sept. 7, 1999. Merits discovery shall be completed no later than June 9, 2000. (see document for complete details) ( signed by Judge Colleen McMahon ) ; Copies mailed (ec) [Entry date 05/05/99] 5/10/99 -- Fld:Consolidated Complaint (see doc.#10 in 99CV661). (ec) [Entry date 05/12/99] 5/12/99 12 Holographics Consolidated Class Action Complaint - Jury trial demanded (ec) 5/18/99 13 Affidavit of service by Susan Calamia ... I have caused a copy of the docketing order and a copy of the scheduling order entered in the matter to be served via federal express upon:Deloitte & Touche LLP on 5/17/99; Nationsbanc Montogomery Securities LLC on 5/17/99; Lazard Freres & Co LLP on 5/13/99; Raymond James & Associates, Inc on 5/17/99 and Salomon Smith Barney on 5/13/99. (ec) [Entry date 05/19/99] 5/18/99 14 Affidavit of service as to Salomon Smith Barney by Sheldon Roskin on 5/11/99 Answer due on 6/1/99 for Salomon Smith Barney. Served amended summons and class action complaint (ec) [Entry date 05/19/99] 5/18/99 14 Affidavit of service as to Lazard Freres & Co. by Sheldon Roskin on 5/11/99 Answer due on 6/1/99 for Lazard Freres & Co. Served amended summons and class action complaint (ec) [Entry date 05/19/99] 5/19/99 15 Affidavit of service as to Nationsbanc Montgome by Tony Klein on 5/13/99 Answer due on 6/2/99 for Nationsbanc Montgome... served true amended summons and class action comp by delivering to Cheryl White a paralegal and a person authorized to accept svc of process. (ec) [Entry date 05/20/99] 5/19/99 16 Affidavit of service by Gary Williams on 5/14/99 .... served true copy of amended summons and complaint upon Deloitte & Touche LLP by delivering to Thomas godout, partner of the corp. (ec) [Entry date 05/20/99] [END OF DOCKET: 7:99cv412]