Docket as of May 7, 1998 [retrieved 5/16/98] Proceedings include all events. 1:97cv9145 Behr v. APAC Teleservices, et al LEAD LEAD U.S. District Court Southern District of New York - Civil Database (Foley Square) CIVIL DOCKET FOR CASE #: 97-CV-9145 Behr v. APAC Teleservices, et al Filed: 12/11/97 Assigned to: Judge Barbara S. Jones Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 28:1331 Fed. Question: Securities Violation KAREN BEHR, on behalf of Samuel P Sporn herself and all other [COR LD NTC] shareholders of APAC Schoengold & Sporn TELESERVICES, INC. similarly 233 Broadway situated New York, NY 10279 plaintiff (212) 964-0046 Joel P. Laitman [COR LD NTC] Jay P. Saltzman [COR LD NTC] Schoengold & Sporn, P.C. 233 Broadway New York, NY 10279 (212) 964-0046 DOMINIC A. CASTALDO Paul D. Young consolidated plaintiff [COR LD NTC] Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 Joel P. Laitman [COR LD NTC] Schoengold & Sporn, P.C. 233 Broadway New York, NY 10279 (212)964-0046 ARNOLD PODBER Paul D. Young consolidated plaintiff (See above) [COR LD NTC] Joel P. Laitman (See above) [COR LD NTC] IRVING DROBNY Paul D. Young consolidated plaintiff (See above) [COR LD NTC] Joel P. Laitman (See above) [COR LD NTC] DONALD J. MAYHALL Joel P. Laitman consolidated plaintiff (See above) [COR LD NTC] MICHAEL ROSENBERG Paul D. Young consolidated plaintiff (See above) [COR LD NTC] Joel P. Laitman (See above) [COR LD NTC] NICHOLAS D. ROTELLO Joel P. Laitman consolidated plaintiff (See above) [COR LD NTC] v. THEODORE G. SCHWARTZ defendant MARC S. SIMON defendant MORRIS R. SHECHTMAN defendant MERRILL LYNCH & CO. defendant LEHMAN BROTHERS defendant SMITH BARNEY, INC. defendant WILLIAM BLAIR & COMPANY defendant APAC TELESERVICES, INC. defendant 12/11/97 1 CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 303698 (bm) [Entry date 12/12/97] 12/11/97 -- Magistrate Judge Grubin is so Designated. (bm) [Entry date 12/12/97] 12/24/97 -- Pre-trial conference set at 2:45 2/13/98 before Judge Jones (lam) 2/5/98 2 Filed Memo-Endorsement on letter from Jay B. Kasner, atty for defts APAC TeleServices dated 1/30/98, reset pretrial conference for 2:45 3/20/98; the defts shall notify all parties of the adjourned date ( signed by Judge Barbara S. Jones ) (lam) [Entry date 02/09/98] 2/10/98 3 MEMORANDUM by Karen Behr in support of the Behr/Podber pltffs' Motion for Appointment of Lead Pltffs and approval of Lead Counsel (motion not filed) (lam) [Entry date 02/11/98] 2/10/98 4 AFFIDAVIT in support of Samuel P. Sporn, atty by Karen Behr Re: [3-1] support memorandum (lam) [Entry date 02/11/98] 2/11/98 5 STIPULATION and ORDER, reset answer due for 3/15/98 for APAC Teleservices, for William Blair & Co., for Smith Barney, Inc., for Lehman Brothers, for Merrill Lynch & Co., for Morris R. Shechtman, for Marc S. Simon, for Theodore G. Schwartz ( signed by Judge Barbara S. Jones ). (lam) [Entry date 02/13/98] [Edit date 02/17/98] 2/20/98 -- Pre-trial conference scheduled for 2/20/98 was adjourned; reset at 3:30 3/27/98 before Judge Jones (lam) [Entry date 03/18/98] 2/24/98 6 Notice of Motion by the Behr/Podber pltffs appointing them to serve as lead pltffs in the actions to be consolidated; approving their selection of Schoengold & Sporn, PC and Milberg Weiss Bershad et al as Co-Lead Counsel representing the Class. Return date not indicated. (lam) [Entry date 02/26/98] 2/24/98 7 AFFIDAVIT in support of Joel P. Laitman, atty for Karen Behr and Arnold Podber et al Re: [6-1] motion appointing them to serve as lead pltffs in the actions to be consolidated, [6-2] motion approving their selection of Schoengold & Sporn, PC and Milberg Weiss Bershad et al as Co-Lead Counsel representing the Class (lam) [Entry date 02/26/98] 3/12/98 8 Filed Memo-Endorsement on letter from Jay B. Kasner, atty for defts dated 3/10/98, defts' Response to motion reset to 3/16/98 for [6-1] motion appointing them to serve as lead pltffs in the actions to be consolidated, reset to 3/16/98 for [6-2] motion approving their selection of Schoengold & Sporn, PC and Milberg Weiss Bershad et al Co-Lead Counsel representing the Class ( signed by Judge Barbara S. Jones ) (lam) [Entry date 03/13/98] 3/20/98 9 STIPULATION and ORDER, reset answer due for 4/30/98 for APAC Teleservices, for William Blair & Co., for Smith Barney, Inc., for Lehman Brothers, for Merrill Lynch & Co., for Morris R. Shechtman, for Marc S. Simon, and for Theodore G. Schwartz ( signed by Judge Barbara S. Jones ). (kw) [Entry date 03/23/98] 3/23/98 10 MEMORANDUM by APAC Teleservices, Theodore G. Schwartz in opposition to [6-1] motion appointing them to serve as lead pltffs in the actions to be consolidated (cd) [Entry date 03/26/98] 3/23/98 11 REPLY MEMORANDUM by Karen Behr re: [6-1] motion appointing them to serve as lead pltffs in the actions to be consolidated (cd) [Entry date 03/26/98] 3/23/98 12 DECLARATION in opposition by APAC Teleservices, Theodore G. Schwartz [6-1] motion appointing them to serve as lead pltffs in the actions to be consolidated (cd) [Entry date 03/26/98] 3/27/98 -- Pre-trial conference held before Judge Jones (lam) [Entry date 04/16/98] 4/1/98 13 Letter addressed to Judge Jones filed by Karen Behr, dated 4/1/98; Re: counsel for pltff writes in response to defts' letter of 3/30/98. Counsel requests that the Court grant pltffs' Application for the Appointment of the eight Lead Pltffs designated herein and enter Pre-trial Order No. 1 submitted simultaneously herewith. (orig. doc. filed in 97 civ. 9145, doc. #13) (sac) [Entry date 04/02/98] [Edit date 04/02/98] 4/30/98 14 ORDER, consolidating cases #97cv9145, #97cv9370 and #98cv21 with all papers to be filed under the caption In re APAC Teleservices, Inc. Securities Litigation, Civil Action #97-9145-BSJ; granting [6-1] motion appointing Karen Behr, Dominic A. Castaldo, and Arnold Podber, and class members Irving Drobny, Donald J. Mayhall II, Michael Rosenberg, and Nicholas D. Rotello to serve as lead pltffs in the actions to be consolidated; granting [6-2] motion approving their selection of Schoengold & Sporn, PC and Milberg Weiss Bershad et al as Co-Lead Counsel representing the Class (signed by Judge Barbara S. Jones ); Copies mailed (lam) [Entry date 05/04/98] 4/30/98 -- Consolidated Lead Case (lam) [Entry date 05/04/98] 4/30/98 15 Filed Memo-Endorsement on letter from Scott D. Musoff, atty for APAC TeleServices dated 3/20/98, pltffs shall have 45 days from the consolidation of the actions and the Court's determination of the pending motion for the appointment of lead pltff which will be fully briefed and submitted on 3/23/98, to serve and file a consolidated amended complaint; defts would then have 45 days to answer, move or otherwise respond to the consolidated amended complaint; should the APAC defts determine to move to dismiss the consolidated amended complaint, pltffs would have 45 days to serve a response and defts would have 30 days to serve their reply papers. The above schedule shall govern the further conduct of this case ( signed by Judge Barbara S. Jones ) (lam) [Entry date 05/04/98] [END OF DOCKET: 1:97cv9145]