Docket as of June 24, 1999 [retrieved 7/10/99] Proceedings include all events. 7:99cv1638 Lichtenberg, et al v. Besicorp Group Inc., et al U.S. District Court Southern District of New York - Civil Database (White Plains) CIVIL DOCKET FOR CASE #: 99-CV-1638 Lichtenberg, et al v. Besicorp Group Inc., et al Filed: 03/05/99 Assigned to: Judge William C. Conner 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 JAMES LICHTENBERG, on behalf Bernard Persky of himself and all others [COR LD NTC] similarly situated Goodkind, Labaton, Rudoff & plaintiff Sucharow, L.L.P. 100 Park Avenue New York, NY 10017 (212) 907-0700 Curtis V. Trinko [COR LD NTC] Law Offices of Curtis V. Trinko, L.L.P. 16 West 46th Street 7th Floor New York, NY 10036 (212) 490-9550 Harold B. Obstfeld [COR LD NTC] Harold B. Obstfeld, P.C. 500 Fifth Avenue New York, NY 10110 (212) 696-1212 JOHN BANSBACH, on behalf of Bernard Persky himself and all others (See above) similarly situated [COR LD NTC] plaintiff v. BESICORP GROUP INC. David C. Burger defendant [COR LD NTC] Robinson Brog Leinwand Reich Genovese & Gluck, P.C. 1345 Avenue of the Americas New York, NY 10105 (212) 586-4050 BGI ACQUISITION CORP Brian G. Lustbader defendant [COR LD NTC] Wachtel & Masyr, LLP 110 East 59th Street New York, NY 10022 (212) 909-9500 MICHAEL F. ZINN David C. Burger defendant (See above) [COR LD NTC] MELANIE NORDEN David C. Burger defendant (See above) [COR LD NTC] MICHAEL J. DALEY David C. Burger defendant (See above) [COR LD NTC] GERALD A. HABIB David C. Burger defendant (See above) [COR LD NTC] RICHARD E. ROSEN David C. Burger defendant (See above) [COR LD NTC] STEVEN I. EISENBERG David C. Burger defendant (See above) [COR LD NTC] MARTIN E. ENOWITZ Jonathan E. Levitt defendant [COR LD NTC] Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone 101 Eisenhower Parkway Roseland, NJ 07068-1067 (973) 228-5700 BGI ACQUISTION LLC Brian G. Lustbader defendant (See above) [COR LD NTC] 3/5/99 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 339303 (pf) [Entry date 03/08/99] 3/5/99 -- Magistrate Judge Lisa Margaret Smith is so Designated. (pf) [Entry date 03/08/99] 3/5/99 2 RULE 1.9 CERTIFICATE filed by James Lichtenberg (pf) [Entry date 03/08/99] 3/15/99 3 MEMORANDUM by James Lichtenberg, John Bansbach in support of motion for a preliminary injunction and expedited discovery (pf) [Entry date 03/16/99] 3/15/99 4 AFFIDAVIT of Curtis V. Trinko by James Lichtenberg, John Bansbach Re:in support of plaintiffs' motion for preliminary injunction (ec) [Entry date 03/16/99] 3/15/99 8 ORDER TO SHOW CAUSE by James Lichtenberg, John Bansbach Show Cause Hearing set for 10:00 3/16/99 why the court should not grant an Order pursuant to FRCvP 65(a) directing that:(A) defendants make full and accurate disclosure of all material information in their possession with respect to the merger of defendants Besicorp Group, Inc. with deft BGI Acquistion Corp. that is the subject of the complaint in this action and the pltfs' motion for a preliminary injuncition; (B) prior to the consummation of the Merger, the derivative action captioned Lichtenberg v. Zinn, Enowitz and Eisenberg, Index No. 93-1987(sup. Ct. Ulster Cty commenced in the Supreme Court of the State of New York, and the derivative action captioned Bansbach V. Zinn, Eisenberg, Habib, Rosen and Harris, Index No. 97-2573 (Sup. Ct. Ulster Cty.) pending in the Supreme Court of the State of New York (the "Bansbach Action") be transferred to Besicorp Ltd. as assets thereof, in order to preserve these actions as assets of Besicorp Ltd. pending final adjudication thereof; (C) the merger consideration received for the stock at issue in the Lichtenberg Action and the monies at issue in the Bansbach Action be held in escrow pending final adjudication of thos actions and the damages claims asserted ehrein; and (D) such other and further preliminary injunctive relief be granted as may be just, equitable and proper. ( signed by Judge William H. Pauley III ); Copies mailed. (ec) [Entry date 03/18/99] 3/16/99 5 AFFIDAVIT of David C. Burger by Besicorp Group Inc., Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib, Richard E. Rosen Re: (pf) 3/16/99 6 MEMORANDUM OF LAW by Besicorp Group Inc., Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib, Richard E. Rosen in opposition to plntfs' motion for a preliminary injunction (pf) 3/17/99 7 AFFIDAVIT of Robert W. Wien Re: (pf) 3/17/99 -- Telephone conference held with Judge Conner. (ec) 3/18/99 9 ORDER...it is hereby Ordered that the contingent assets and/or liabilities of deft Besicorp Group, Inc. comprised of Besicorp's interests int he shareholder derivative actions entitled Lichtenberg v. Zinn, Enowitz and Eisenberg, and Bansbach v. Zinn, Eisenberg Habib, Rosen and Harris which are presently pending before the Supreme court of the State of NY be assigned to Besicorp Ltd., as contingent assets and/or liabilities thereof, prior to the consummation of the merger between, by and among Besicorp, BGI Acquisition LLC and BGI Acquisition Corp., (see document for complete details). terminating [8-1] motion why the court should not grant an Order pursuant to FRCvP 65(a) directing that:(A) defendants make full and accurate disclosure of all material information in their possession with respect to the merger of defendants Besicorp Group, Inc. with deft BGI Acquistion Corp. that is the subject of the complaint in this action and the pltfs' motion for a preliminary injuncition; (B) prior to the consummation of the Merger, the derivative action captioned Lichtenberg v. Zinn, Enowitz and Eisenberg, Index No. 93-1987(sup. Ct. Ulster Cty commenced in the Supreme Court of the State of New York, and the derivative action captioned Bansbach V. Zinn, Eisenberg, Habib, Rosen and Harris, Index No. 97-2573 (Sup. Ct. Ulster Cty.) pending in the Supreme Court of the State of New York (the "Bansbach Action") be transferred to Besicorp Ltd. as assets thereof, in order to preserve these actions as assets of Besicorp Ltd. pending final adjudication thereof; (C) the merger consideration received for the stock at issue in the Lichtenberg Action and the monies at issue in the Bansbach Action be held in escrow pending final adjudication of thos actions and the damages claims asserted ehrein; and (D) such other and further preliminary injunctive relief be granted as may be just, equitable and proper. ( signed by Judge William C. Conner ); Copies mailed (ec) 3/22/99 -- Memorandum to Docket Clerk: Contested Issue:Yes...OTSC Hearing begun and Concluded 3/9/99. Part I Matter. (pf) 3/24/99 11 Duplicate Original BOND # CGB8249-704 in the sum of $ 100,000.00 entered by James Lichtenberg, John Bansbach. (ec) [Entry date 03/31/99] 3/26/99 10 MEMORANDUM OPINION # 99,0011WP (see document for details) ....For the reasons discussed above, plntfs' motion for a preliminary injunction is granted in part and denied in part as set forth in the order issued on 3/18/99. ( Signed by Judge William C. Conner ); Copies mailed. (ds) [Entry date 03/29/99] 3/29/99 -- Memorandum to Docket Clerk:Hearing begun and concluded - Preliminary Injunction hearing 3/16/99 and concluded. Judge's decision - reserved. (ec) 3/31/99 12 STIPULATION and ORDER: It is hereby Stipulated by and between parties that the time within which dfts Besicorp Group, Inc., Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib and Richard E. Rosen may answer or otherwise move with respect to the complaint be extended from March 29, 1999, to and including April 8, 1999. So Ordered: ( signed by Judge William C. Conner ). (pf) [Entry date 04/01/99] 4/9/99 13 ANSWER to Complaint by Martin E. Enowitz (Attorney Jonathan E. Levitt); Firm of: Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladston, P.C. by attorney Jonathan E. Levitt for defendant Martin E. Enowitz (ec) 4/13/99 14 ANSWER to Complaint by BGI Acquisition Corp, BGI Acquistion LLC (Attorney Brian G. Lustbader) ; Firm of: Wachtel & Masyr, LLP by attorney Brian G. Lustbader for defendant BGI Acquistion LLC (ec) 4/15/99 15 ANSWER to Complaint by Besicorp Group Inc., Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib, Richard E. Rosen (Attorney David C. Burger) ; Firm of: Ribinson Brog Leinwand Greene Genovese & Gluck P.C. by attorney David C. Burger for defendant Richard E. Rosen (pf) 4/19/99 16 NOTICE OF MOTION by Besicorp Group Inc., Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib, Richard E. Rosen for reconsideration of [10-1] order, [9-1] order No Return date (pf) [Entry date 04/20/99] 4/19/99 17 MEMORANDUM OF LAW by Besicorp Group Inc., Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib, Richard E. Rosen in support of [16-1] motion for reconsideration of [10-1] order, [9-1] order (pf) [Entry date 04/20/99] 4/19/99 18 NOTICE OF MOTION by Besicorp Group Inc., Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib, Richard E. Rosen for reargument and reconsideration of this Court's prior Order, dated March 18, 1999, and the related memo opn dated March 26, 1999, Return date 2/9/95 (ec) [Entry date 04/20/99] 4/19/99 19 MEMORANDUM by Besicorp Group Inc., Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib, Richard E. Rosen in support of [18-1] motion for reargument and reconsideration of this Court's prior Order, dated March 18, 1999, and the related memo opn dated March 26, 1999 (ec) [Entry date 04/20/99] 4/30/99 20 MEMORANDUM by James Lichtenberg, John Bansbach in opposition to [18-1] motion for reargument and reconsideration of this Court's prior Order, dated March 18, 1999, and the related memo opn dated March 26, 1999 (pf) [Entry date 05/03/99] 5/6/99 21 ANSWER to Complaint by Steven I. Eisenberg (Attorney David C. Burger) ; Firm of: Robinson,Brog,Leinwand,Greene,Genovese, & Gluck P.C. by attorney David C. Burger for defendant Steven I. Eisenberg (pf) [Entry date 05/07/99] 5/6/99 22 REPLY MEMORANDUM OF LAW in support by Besicorp Group Inc., Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib, Richard E. Rosen re: [18-1] motion for reargument and reconsideration of this Court's prior Order, dated March 18, 1999, and the related memo opn dated March 26, 1999 (pf) [Entry date 05/07/99] 5/11/99 23 Transcript of record of proceedings filed for dates of March 16, 1999 (ec) 5/11/99 24 RETURN OF SERVICE executed as to Besicorp Group Inc. by Bernard Dedario on 3/8/99 Answer due on 3/29/99 for Besicorp Group Inc. I delivered said documents (summons and complaint) to Fred Zinn who identified himself as the General Counsel, authorized to accept service; at 1151 Flatbush Road, Kingston, NY. (ec) [Entry date 05/12/99] 5/11/99 24 RETURN OF SERVICE executed as to Besicorp Group Inc. by Rosemary Wells on 3/8/99 Answer due on 3/29/99 for Besicorp Group Inc. ... served summons and complaint by leavign with Kathy Martel, an authorized agent in the Office of the Secretary of State of the State of NY. (ec) [Entry date 05/12/99] 5/11/99 24 RETURN OF SERVICE executed as to BGI Acquisition Corp by Rosemary Wells on 3/8/99 Answer due on 3/29/99 for BGI Acquisition Corp...served summons and complaint by delivering to Carolyn DeCrosta authorized agent to accept service at 80 State Street, 6th Floor, Albany, NY (ec) [Entry date 05/12/99] 5/11/99 24 RETURN OF SERVICE executed as to Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib, Richard E. Rosen, Steven I. Eisenberg by Bernard Dedario on 3/8/99 Answer due on 3/29/99 for Michael F. Zinn, for Melanie Norden, for Michael J. Daley, for Gerald A. Habib, for Richard E. Rosen, for Steven I. Eisenberg (ec) [Entry date 05/12/99] 5/11/99 24 RETURN OF SERVICE executed as to BGI Acquistion LLC by Jose Alpizar on 3/10/99 Answer due on 3/30/99 for BGI Acquistion LLC (ec) [Entry date 05/12/99] 5/11/99 24 RETURN OF SERVICE executed as to Martin E. Enowitz by Martin Kestin on 3/6/99 Answer due on 3/26/99 for Martin E. Enowitz (ec) [Entry date 05/12/99] 6/15/99 25 NOTICE OF MOTION by James Lichtenberg, John Bansbach to be appointed lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934, for appointment of lead counsel , No Return date (pf) 6/15/99 26 MEMORANDUM OF LAW by James Lichtenberg, John Bansbach in support of [25-1] motion to be appointed lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934, for appointment of lead counsel (pf) 6/15/99 27 DECLARATION of Timothy J. MacFall by James Lichtenberg, John Bansbach in support Re: [25-1] motion to be appointed lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934, for appointment of lead counsel . (pf) 6/15/99 28 REPLY MEMORANDUM IN FURTHER SUPPORT by James Lichtenberg, John Bansbach re: [25-1] motion to be appointed lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934, for appointment of lead counsel (pf) 6/15/99 29 MEMORANDUM OF LAW by Besicorp Group Inc., Michael F. Zinn, Melanie Norden, Michael J. Daley, Gerald A. Habib, Richard E. Rosen in opposition to [25-1] motion to be appointed lead plaintiff pursuant to 21D(a)(3)(B) of the Securities Exchange Act of 1934, for appointment of lead counsel (pf) 6/23/99 30 OPINION and ORDER #990026wp ....For the reasons set forth below, (see document) defts' motion is denied. ... terminating [18-1] motion for reargument and reconsideration of this Court's prior Order, dated March 18, 1999, and the related memo opn dated March 26, 1999, terminating [16-1] motion for reconsideration of [10-1] order, [9-1] order ( Signed by Judge William C. Conner ); Copies mailed. (ec) [Entry date 06/24/99] [END OF DOCKET: 7:99cv1638]