Docket as of April 20, 1999 [retrieved 4/22/99]
Proceedings include all events.
4:97cv1622 Wininger, et al v. SI Management L.P., et al REFSET
REFSET
U.S. District Court
U.S. District for the Northern District of California (Oakland)
CIVIL DOCKET FOR CASE #: 97-CV-1622
Wininger, et al v. SI Management L.P., et al Filed: 05/01/97
Assigned to: Judge Claudia Wilken Jury demand: Defendant
Referred to: Mag. Judge Bernard Zimmerman
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
[Party and Counsel List]
5/1/97 1 COMPLAINT: Summons(es) issued; Fee status pd entered on
5/1/97 in the amount of $ 150.00 ( Receipt No. 127356)
[4:97-cv-01622] (cp) [Entry date 05/06/97]
5/1/97 2 ORDER RE COURT PROCEDURE and SCHEDULE by Judge Claudia
Wilken : Proof of service to be filed by 6/16/97 ;
counsels' case management statement to be filed by 8/26/97 ;
initial case management conference will be held 1:30
9/5/97 . (cc: all counsel) (cp) [Entry date 05/06/97]
5/7/97 3 CERTIFICATION of Gilmur R. Murray complying with Civil L.R.
3-7A(d) by Plaintiff Dwight E. Wininger [4:97-cv-01622] (cp)
[Entry date 05/12/97]
5/7/97 4 CERTIFICATION OF Derek G. Howard complying with Civil L.R.
3-7A(d) by Plaintiff Dwight E. Wininger [4:97-cv-01622] (cp)
[Entry date 05/12/97]
5/7/97 5 CERTIFICATION OF ALEX J. LUCHENITSER complying with Civil
L.R. 3-7A(d) by Plaintiff Dwight E. Wininger
[4:97-cv-01622] (cp) [Entry date 05/12/97]
5/7/97 6 CERTIFICATION OF ROBERT W. MILLS complying with Civil L.R.
3-7A(d) by Plaintiff Dwight E. Wininger [4:97-cv-01622] (cp)
[Entry date 05/12/97]
5/22/97 7 MOTION before Judge Claudia Wilken by Plaintiff Dwight
E. Wininger for preliminary injunction with Notice set
for 6/27/97 at 10:30am [4:97-cv-01622] (cp)
[Entry date 05/23/97]
5/22/97 8 MEMORANDUM by Plaintiff Dwight E. Wininger in support of
motion for preliminary injunction [7-1] [4:97-cv-01622] (cp)
[Entry date 05/23/97]
5/22/97 9 DECLARATION by Dwight E. Wininger on behalf of Plaintiff re
motion for preliminary injunction [7-1] [4:97-cv-01622] (cp)
[Entry date 05/23/97]
5/22/97 10 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
Dwight E. Wininger re motion for preliminary injunction
[7-1] [4:97-cv-01622] (cp) [Entry date 05/23/97]
5/27/97 11 STIPULATION and ORDER by Judge Claudia Wilken : extending
time to file response to the complaint until 6/3/97 (cc:
all counsel) [4:97-cv-01622] (cp) [Entry date 05/29/97]
5/28/97 12 RETURN OF SERVICE executed upon defendant SI Management
L.P., defendant Synthetic Management, defendant Chill
Investments, defendant Leonard Chill, defendant Beckman
Investments, defendant John P. Beckman, defendant Freed
Investments, defendant W. Wayne Freed, defendant Kenner
Investments, defendant Ralph Kenner, defendant Wright
Investments on 5/6/97 on 5/5/97 [4:97-cv-01622] (cp)
[Entry date 05/29/97]
6/2/97 13 PROOF OF SERVICE by defendant of order [11-2]
[4:97-cv-01622] (cp) [Entry date 06/04/97]
6/3/97 17 STIPULATION and ORDER by Judge Claudia Wilken : extending
time to respond to the complaint to 6/26/97 (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 06/06/97]
6/4/97 14 EX-PARTE APPLICATION before Judge Claudia Wilken by
defendant to modify briefing schedule on motion for
preliminary injunction [4:97-cv-01622] (cp)
[Entry date 06/05/97]
6/4/97 15 DECLARATION by George H. Brown on behalf of defendant re
motion to modify briefing schedule on motion for
preliminary injunction [14-1] [4:97-cv-01622] (cp)
[Entry date 06/05/97]
6/4/97 16 PROOF OF SERVICE by defendant of declaration [15-1], motion
to modify briefing schedule on motion for preliminary
injunction [14-1] [4:97-cv-01622] (cp) [Entry date 06/05/97]
6/5/97 18 OPPOSITION by Plaintiff to motion to modify briefing
schedule on motion for preliminary injunction [14-1]
[4:97-cv-01622] (mh) [Entry date 06/09/97]
6/5/97 19 ORDER by Judge Claudia Wilken granting defendant's motion
to modify briefing schedule on motion for preliminary
injunction [14-1] Plaintiff's motion for a preliminary
injunction will be heard by 7/25/97 (Date Entered: 6/9/97)
(cc: all counsel) [4:97-cv-01622] (mh)
[Entry date 06/09/97]
6/6/97 20 PROOF OF SERVICE by defendant of the stipulation & order
extending time to respond to the complaint [4:97-cv-01622]
(mh) [Entry date 06/09/97]
6/9/97 22 PROOF OF SERVICE by Plaintiff Dwight E. Wininger of
memorandum [8-1], motion for preliminary injunction [7-1]
[4:97-cv-01622] (cp) [Entry date 06/12/97]
6/10/97 21 PROOF OF SERVICE by defendant of the order granting the ex
parte application to modify briefing schedule
[4:97-cv-01622] (mh)
6/12/97 23 MOTION before Judge Claudia Wilken by defendant for
attorney, John K. Kim, to appear pro hac vice
[4:97-cv-01622] (cp) [Entry date 06/16/97]
6/12/97 24 MOTION before Judge Claudia Wilken by defendant for
attorney, Bruce D. Angiolillo, to appear pro hac vice
[4:97-cv-01622] (cp) [Entry date 06/16/97]
6/12/97 25 PROOF OF SERVICE by defendant of motion for attorney, Bruce
D. Angiolillo, to appear pro hac vice [24-1], motion for
attorney, John K. Kim, to appear pro hac vice [23-1]
[4:97-cv-01622] (cp) [Entry date 06/16/97]
6/17/97 26 ORDER by Judge Claudia Wilken granting motion for
attorney, Bruce D. Angiolillo, to appear pro hac vice
[24-1] ( Date Entered: 6/18/97) (cc: all counsel)
[4:97-cv-01622] (cp) [Entry date 06/18/97]
6/17/97 27 ORDER by Judge Claudia Wilken granting motion for
attorney, John K. Kim, to appear pro hac vice [23-1] ( Date
Entered: 6/18/97) (cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 06/18/97]
6/26/97 28 ANSWER by defendants to complaint [1-1] [4:97-cv-01622]
(cp) [Entry date 06/30/97]
6/26/97 29 PROOF OF SERVICE by defendant of order [27-1], order [26-1]
[4:97-cv-01622] (cp) [Entry date 06/30/97]
7/3/97 30 MEMORANDUM by defendant in opposition to motion for
preliminary injunction [7-1] [4:97-cv-01622] (cp)
[Entry date 07/07/97]
7/3/97 31 DECLARATION by George H. Brown on behalf of defendants re
opposition memorandum [30-1] [4:97-cv-01622] (cp)
[Entry date 07/07/97]
7/3/97 32 PROOF OF SERVICE by defendant of declaration [31-1],
opposition memorandum [30-1] [4:97-cv-01622] (cp)
[Entry date 07/07/97]
7/11/97 33 REPLY by Plaintiff Dwight E. Wininger to motion for
preliminary injunction [7-1] [4:97-cv-01622] (cp)
[Entry date 07/14/97]
7/11/97 34 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
Dwight E. Wininger re motion reply [33-1] [4:97-cv-01622]
(cp) [Entry date 07/14/97]
7/18/97 35 EX-PARTE APPLICATION before Judge Claudia Wilken by
defendant for leave to file a supplemental memorandum in
opposition to plaintiff's motion for preliminary injunction
[4:97-cv-01622] (cp) [Entry date 07/21/97]
7/18/97 36 PROOF OF SERVICE by defendant of motion for leave to file a
supplemental memorandum in opposition to plaintiff's motion
for preliminary injunction [35-1] [4:97-cv-01622] (cp)
[Entry date 07/21/97]
7/18/97 37 MOTION with memorandum in support before Judge Claudia
Wilken by Plaintiff Dwight E. Wininger to appoint Dwight
E. Wininger lead plaintiff and the Mills Law Firm as class
counsel [4:97-cv-01622] (cp) [Entry date 07/21/97]
7/18/97 38 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
Dwight E. Wininger re motion to appoint Dwight E. Wininger
lead plaintiff and the Mills Law Firm as class counsel
[37-1] [4:97-cv-01622] (cp) [Entry date 07/21/97]
7/21/97 39 ORDER by Judge Claudia Wilken granting motion for leave
to file a supplemental memorandum in opposition to
plaintiff's motion for preliminary injunction [35-1] ( Date
Entered: 7/22/97) (cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 07/22/97]
7/21/97 40 SUPPLEMENTAL MEMORANDUM by defendant in opposition to
motion for preliminary injunction [7-1] [4:97-cv-01622] (cp)
[Entry date 07/22/97]
7/21/97 41 DECLARATION by George H. Brown on behalf of defendant re
opposition memorandum [40-1] [4:97-cv-01622] (cp)
[Entry date 07/22/97]
7/24/97 42 PROOF OF SERVICE by defendants of order [39-1]
[4:97-cv-01622] (cp) [Entry date 07/25/97]
7/25/97 45 MINUTES: ( C/R Carol Karen) denying motion for preliminary
injunction [7-1]; defendants' opposition to motion to
appoint lead counsel is due 8/1/97; plaintiff's reply is
due 8/6/97; motion will be decided on papers
[4:97-cv-01622] (cp) [Entry date 08/04/97]
7/28/97 43 MOTION before Judge Claudia Wilken by Plaintiff for
attorney, Alex J. Luchenitser to appear pro hac vice
[4:97-cv-01622] (cp) [Entry date 07/29/97]
7/29/97 44 ORDER by Judge Claudia Wilken granting motion for
attorney, Alex J. Luchenitser to appear pro hac vice [43-1]
( Date Entered: 7/31/97) (cc: all counsel)
[4:97-cv-01622] (cp) [Entry date 07/31/97]
8/1/97 46 MEMORANDUM by defendant in opposition to motion to appoint
Dwight E. Wininger lead plaintiff and the Mills Law Firm as
class counsel [37-1] [4:97-cv-01622] (cp)
[Entry date 08/05/97]
8/4/97 49 ORDER by Judge Claudia Wilken denying motion for
preliminary injunction [7-1] ( Date Entered: 8/8/97) (cc:
all counsel) [4:97-cv-01622] (cp) [Entry date 08/08/97]
8/6/97 47 REPLY by Plaintiff Dwight E. Wininger to opposition to
motion to appoint Dwight E. Wininger lead plaintiff and the
Mills Law Firm as class counsel [37-1] [4:97-cv-01622] (cp)
[Entry date 08/07/97]
8/6/97 48 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
Dwight E. Wininger re motion reply [47-1] [4:97-cv-01622]
(cp) [Entry date 08/07/97]
8/7/97 50 REPORTER'S TRANSCRIPT; Date of proceedings: 7/25/97 ( C/R:
Carol A. Karen) minutes [45-1] [4:97-cv-01622] (cp)
[Entry date 08/08/97]
8/7/97 50 REPORTER'S TRANSCRIPT; Date of proceedings: 7/25/97 ( C/R:
Carol A. Karen) minutes [45-1] [4:97-cv-01622] (cp)
[Entry date 08/08/97]
8/15/97 51 NOTICE OF APPEAL by Plaintiff Dwight E. Wininger from
Dist. Court decision order [49-1] Fee status paid
(receipt #803773) [4:97-cv-01622] (cp)
8/15/97 -- Docket fee notification form and case information sheet to
USCA [51-1] [4:97-cv-01622] (cp)
8/15/97 -- Copy of notice of appeal and docket sheet to all counsel
[4:97-cv-01622] (cp)
8/19/97 52 ORDER by Judge Claudia Wilken granting Plaintiff's motion
to appoint Dwight E. Wininger lead plaintiff and the Mills
Law Firm as class counsel [37-1] (Date Entered: 8/21/97)
(cc: all counsel) [4:97-cv-01622] (mh)
[Entry date 08/21/97]
8/22/97 53 TRANSCRIPT DESIGNATION and Ordering Form filed by Plaintiff
Dwight E. Wininger for dates 7/25/97; C/R: Carol Karen;
appeal [51-1] [4:97-cv-01622] (kc) [Entry date 08/25/97]
8/25/97 -- CERTIFICATE of Record mailed to USCA, counsel notified.
[4:97-cv-01622] (kc)
8/25/97 -- NOTIFICATION by Circuit Court of Appellate Docket Number
97-16529 [4:97-cv-01622] (cp) [Entry date 08/26/97]
8/26/97 54 JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed.
[4:97-cv-01622] (cp) [Entry date 08/27/97]
8/27/97 55 NOTICE by defendants of intent to file expedited motion for
relief from initial case management scheduling order
[4:97-cv-01622] (cp)
9/11/97 56 CERTIFICATION of discussion of ADR options by Plaintiff
Dwight E. Wininger . [4:97-cv-01622] (cp)
[Entry date 09/12/97]
9/19/97 58 MOTION with memorandum in support before Judge Claudia
Wilken by Plaintiff Dwight E. Wininger for partial summary
judgment with Notice set for 10/24/97 at 10:00am
[4:97-cv-01622] (cp) [Entry date 09/22/97]
9/19/97 59 STATEMENT of undisputed material facts by Plaintiff Dwight
E. Wininger in support of motion for partial summary
judgment [58-1] [4:97-cv-01622] (cp) [Entry date 09/23/97]
9/19/97 60 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
Dwight E. Wininger re motion for partial summary judgment
[58-1] [4:97-cv-01622] (cp) [Entry date 09/23/97]
9/19/97 -- RECEIVED proposed order submitted by Plaintiff Dwight E.
Wininger re: [58-1] [4:97-cv-01622] (cp)
[Entry date 09/23/97]
10/1/97 61 EX-PARTE APPLICATION before Judge Claudia Wilken by
Plaintiff Dwight E. Wininger to amend and supplement their
complaint [4:97-cv-01622] (cp) [Entry date 10/02/97]
10/1/97 62 EX-PARTE APPLICATION before Judge Claudia Wilken by
Plaintiff Dwight E. Wininger for temporary restraining
order, for preliminary injunction and expedited discovery
[4:97-cv-01622] (cp) [Entry date 10/02/97]
10/1/97 63 MEMORANDUM by Plaintiff Dwight E. Wininger in support of
motion for temporary restraining order [62-1], of motion
for preliminary injunction and expedited discovery [62-2]
[4:97-cv-01622] (cp) [Entry date 10/02/97]
10/1/97 64 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
Dwight E. Wininger re motion for temporary restraining
order [62-1], re motion for preliminary injunction [62-2]
[4:97-cv-01622] (cp) [Entry date 10/02/97]
10/3/97 65 MEMORANDUM by defendants in opposition to motion for
partial summary judgment [58-1] [4:97-cv-01622] (cp)
[Entry date 10/08/97]
10/3/97 66 DECLARATION by George H. Brown on behalf of defendants re
opposition memorandum [65-1] [4:97-cv-01622] (cp)
[Entry date 10/08/97]
10/3/97 67 COUNTER-STATEMENT of genuine issues of material facts
precluding partial summary judgment by defendants
[4:97-cv-01622] (cp) [Entry date 10/08/97]
10/3/97 68 PROOF OF SERVICE by defendants of statement [67-1],
declaration [66-1], opposition memorandum [65-1]
[4:97-cv-01622] (cp) [Entry date 10/08/97]
10/6/97 69 MEMORANDUM by defendants in opposition to motion for
temporary restraining order [62-1] [4:97-cv-01622] (cp)
[Entry date 10/09/97]
10/6/97 70 DECLARATION by Bruce D. Angiolillo on behalf of defendants
re opposition memorandum [69-1] [4:97-cv-01622] (cp)
[Entry date 10/09/97]
10/6/97 71 PROOF OF SERVICE by defendants of declaration [70-1],
opposition memorandum [69-1] [4:97-cv-01622] (cp)
[Entry date 10/09/97]
10/10/97 72 REPLY by Plaintiff Dwight E. Wininger to motion for
partial summary judgment [58-1] [4:97-cv-01622] (cp)
[Entry date 10/15/97]
10/14/97 73 CERTIFIED COPY of USCA Order: appeallant's motion for
voluntary dismissal of this appeal is GRANTED [51-1]
[4:97-cv-01622] (cp) [Entry date 10/15/97]
10/14/97 74 REPLY by Plaintiff Dwight E. Wininger re motion for
temporary restraining order [62-1], re motion for
preliminary injunction and expedited discovery [62-2], re
motion to amend and supplement their complaint [61-1]
[4:97-cv-01622] (cp) [Entry date 10/15/97]
10/14/97 75 SUPPLEMENTAL DECLARATION by Alex J. Luchenitser on behalf
of Plaintiff Dwight E. Wininger re motion for temporary
restraining order [62-1], re motion for preliminary
injunction and expedited discovery [62-2] [4:97-cv-01622]
(cp) [Entry date 10/15/97]
10/15/97 76 ORDER by Judge Claudia Wilken denying motion to amend and
supplement their complaint [61-1] ( Date Entered: 10/16/97)
(cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 10/16/97]
10/15/97 77 SUPPLEMENTAL BRIEF FILED by Plaintiff Dwight E. Wininger
re: redissemination of admittedly false and misleading
proxy, in support of motion for temporary restraining order
and preliminary injunction [4:97-cv-01622] (cp)
[Entry date 10/16/97]
10/15/97 78 DECLARATION by Dwight E. Wininger on behalf of Plaintiff re
brief [77-1] [4:97-cv-01622] (cp) [Entry date 10/16/97]
10/15/97 79 DECLARATION by Jeffrey Evans on behalf of Plaintiff Dwight
E. Wininger re brief [77-1] [4:97-cv-01622] (cp)
[Entry date 10/16/97]
10/15/97 80 SUPPLEMENTAL DECLARATION by Alex J. Luchenitser on behalf
of Plaintiff Dwight E. Wininger re brief [77-1]
[4:97-cv-01622] (cp) [Entry date 10/16/97]
10/15/97 81 EX-PARTE APPLICATION by Charlene Sutherland, Francis Conrad
& Jeffrey Evans to intervene [4:97-cv-01622] (cp)
[Entry date 10/16/97]
10/15/97 82 DECLARATION by Charlene E. Sutherland re motion to
intervene [81-1] [4:97-cv-01622] (cp) [Entry date 10/16/97]
10/15/97 83 DECLARATION by Francis Conrad re motion to intervene [81-1]
[4:97-cv-01622] (cp) [Entry date 10/16/97]
10/15/97 84 DECLARATION by Jeffrey Evans re motion to intervene [81-1]
[4:97-cv-01622] (cp) [Entry date 10/16/97]
10/15/97 85 DECLARATION by Therese M. Stewart re motion to intervene
[81-1] [4:97-cv-01622] (cp) [Entry date 10/16/97]
10/15/97 86 MOTION by Intervention for permisson to file memorandum of
poinst and authorities in support of ex parte motion to
intervene which exceed page limitation [4:97-cv-01622] (cp)
[Entry date 10/16/97]
10/15/97 87 PROOF OF SERVICE of motion for permisson to file memorandum
of poinst and authorities in support of ex parte motion to
intervene which exceed page limitation [86-1], declaration
[85-1], declaration [84-1], declaration [83-1], declaration
[82-1], motion to intervene [81-1] [4:97-cv-01622] (cp)
[Entry date 10/16/97]
10/15/97 92 EX-PARTE APPLICATION by Intervenors for temporary
restraining order and order to show cause [4:97-cv-01622]
(cp) [Entry date 10/23/97]
10/17/97 88 APPENDIX of SEC releases filed by Plaintiff Dwight E.
Wininger re motion for temporary restraining order [62-1],
re motion for preliminary injunction [62-2]
[4:97-cv-01622] (cp) [Entry date 10/20/97]
10/17/97 89 SUPPLEMENTAL BRIEF FILED by Plaintiff Dwight E. Wininger
re: defedants' new disclosure violations and violations of
limited partnership roll-up reform act, in support of
motion for temporary restraining order [62-1], regarding
motion for preliminary injunction and expedited discovery
[62-2] [4:97-cv-01622] (cp) [Entry date 10/20/97]
10/17/97 90 SECOND SUPPLEMENTAL DECLARATION by Alex J. Luchenitser on
behalf of Plaintiff Dwight E. Wininger re motion for
temporary restraining order [62-1], re motion for
preliminary injunction [62-2] [4:97-cv-01622] (cp)
[Entry date 10/20/97]
10/17/97 91 DECLARATION by Jeffrey Evans on behalf of Plaintiff Dwight
E. Wininger re brief [77-1] [4:97-cv-01622] (cp)
[Entry date 10/20/97]
10/20/97 93 ORDER by Judge Claudia Wilken granting motion for
permisson to file memorandum of poinst and authorities in
support of ex parte motion to intervene which exceed page
limitation [86-1] ( Date Entered: 10/23/97) (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 10/23/97]
10/20/97 94 MEMORANDUM by Intervenors in support of motion for
temporary restraining order and order to show cause [92-1]
[4:97-cv-01622] (cp) [Entry date 10/23/97]
10/21/97 95 NOTICE by Plaintiff Dwight E. Wininger in NON-Opposition
to motion to intervene [81-1] [4:97-cv-01622] (cp)
[Entry date 10/23/97]
10/21/97 96 CASE MANAGEMENT STATEMENT filed by plaintiff
[4:97-cv-01622] (cp) [Entry date 10/23/97]
10/21/97 97 SEPARATE CASE MANAGEMENT STATEMENT filed by defendants
[4:97-cv-01622] (cp) [Entry date 10/23/97]
10/22/97 98 MOTION by Plaintiff Dwight E. Wininger for attorney,
Craig B. Smith, to appear pro hac vice [4:97-cv-01622] (cp)
[Entry date 10/24/97]
10/22/97 99 MOTION by Plaintiff Dwight E. Wininger for attorney,
David A. Jenkins, to appear pro hac vice [4:97-cv-01622] (cp)
[Entry date 10/24/97]
10/22/97 102 DECLARATION by Michael L. Charlson on behalf of defendant
re opposition memorandum [101-1] [4:97-cv-01622] (cp)
[Entry date 10/24/97]
10/23/97 100 Ex parte application and ORDER by Judge Claudia Wilken
permitting to file extended lenght brief ( Date Entered:
10/24/97) (cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 10/24/97]
10/23/97 101 MEMORANDUM by defendant in opposition to motion to
intervene [81-1], motion for temporary restraining order
[92-1] [4:97-cv-01622] (cp) [Entry date 10/24/97]
10/23/97 103 PROOF OF SERVICE by defendant of opposition memorandum
[101-1], order [100-1], declaration [102-1] [4:97-cv-01622]
(cp) [Entry date 10/24/97]
10/23/97 104 PROOF OF SERVICE by defendant of opposition memorandum
[101-1], order [100-1], declaration [102-1] [4:97-cv-01622]
(cp) [Entry date 10/24/97]
10/23/97 105 ORDER by Judge Claudia Wilken granting motion for
attorney, David A. Jenkins, to appear pro hac vice [99-1] (
Date Entered: 10/24/97) (cc: all counsel) [4:97-cv-01622]
(cp) [Entry date 10/24/97]
10/23/97 106 ORDER by Judge Claudia Wilken granting motion for
attorney, Craig B. Smith, to appear pro hac vice [98-1] (
Date Entered: 10/24/97) (cc: all counsel) [4:97-cv-01622]
(cp) [Entry date 10/24/97]
10/23/97 107 ORDER by Judge Claudia Wilken rescheduling hearing on
motion for partial summary judgment [58-1] at 10:00am on
12/5/97 Case Management Conference set for 10:00am on
12/5/97; response to plaintiffs' supplemental briefs in
support of temporary restraing order and exparte motion to
intervene is due by noon 10/29/97 ( Date Entered:
10/28/97) (cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 10/28/97]
10/28/97 108 NOTICE by Plaintiff Dwight E. Wininger of order
[4:97-cv-01622] (cp)
10/29/97 109 RESPONSE by defendants re brief [89-1], re brief [77-1]
[4:97-cv-01622] (kk) [Entry date 11/01/97]
10/29/97 110 DECLARATION by George H. Brown on behalf of defendant re
response [109-1] [4:97-cv-01622] (kk) [Entry date 11/01/97]
10/29/97 111 PROOF OF SERVICE by defendant of ex parte application for
permission to file extended lenth brief, order
[4:97-cv-01622] (kk) [Entry date 11/01/97]
10/29/97 112 PROOF OF SERVICE by defendant of declaration [110-1],
response [109-1] [4:97-cv-01622] (kk) [Entry date 11/01/97]
10/31/97 113 REPORTER'S TRANSCRIPT; Date of proceedings: 9/5/97 ( C/R:
Rosita Flores) case management minutes [57-2]
[4:97-cv-01622] (kk) [Entry date 11/01/97]
10/31/97 114 MOTION by Plaintiff to amend and supplement their
complaint with Notice set for 12/5/97 at 10:00am
[4:97-cv-01622] (kk) [Entry date 11/01/97]
10/31/97 115 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
re motion to amend and supplement their complaint [114-1]
[4:97-cv-01622] (kk) [Entry date 11/01/97]
10/31/97 -- RECEIVED Proposed Order ( Plaintiff) re: motion to amend
complaint [4:97-cv-01622] (kk) [Entry date 11/01/97]
11/3/97 116 REPLY brief re unlawful limited partnership roll-up by
Plaintiff Dwight E. Wininger in support of motion for
temporary restraining order [62-1], motion for preliminary
injunction and expedited discovery [62-2] [4:97-cv-01622]
(cp) [Entry date 11/05/97]
11/6/97 117 ORDER by Judge Claudia Wilken granting/denying in part
plaintiff's motion for temporary restraining order [62-1];
plaintiff must post a $250.00 bond before restraining order
takes effect ( Date Entered: 11/7/97) (cc: all counsel)
[4:97-cv-01622] (cp) [Entry date 11/07/97]
11/12/97 118 REPORT of material developments by Plaintiff Dwight E.
Wininger [4:97-cv-01622] (cp) [Entry date 11/14/97]
11/14/97 119 ORDER by Judge Claudia Wilken re: scheduling order on
motion for preliminary injunction and proposed Intervenors'
motion to intervene ; ( Date Entered: 11/18/97) (cc:
all counsel) [4:97-cv-01622] (cp) [Entry date 11/18/97]
11/17/97 120 STIPULATION and ORDER by Judge Claudia Wilken : granting
motion to amend and supplement their complaint [114-1] (cc:
all counsel) [4:97-cv-01622] (cp) [Entry date 11/18/97]
11/17/97 121 BOND for plaintiff in amount of $ 250.00 filed by
Plaintiff [4:97-cv-01622] (cp) [Entry date 11/18/97]
11/17/97 122 NOTICE by Plaintiffs of update to service list
[4:97-cv-01622] (cp) [Entry date 11/18/97]
11/21/97 123 NOTICE by defendants of entry of order re amended complaint
[4:97-cv-01622] (cp)
11/21/97 124 STIPULATION and ORDER by Judge Claudia Wilken extending
time to file reply brief to 11/26/97 (cc: all counsel)
[4:97-cv-01622] (cp) [Entry date 11/24/97]
11/21/97 125 SUR-REPLY by defendants re motion for preliminary
injunction [62-2] [4:97-cv-01622] (cp)
[Entry date 11/24/97]
11/26/97 126 MOTION before Judge Claudia Wilken by Intervention to
file extend-length brief with Notice set for 12/5/97 at
10:00am [4:97-cv-01622] (cp) [Entry date 12/01/97]
[Edit date 12/01/97]
11/26/97 127 SUPPLEMENTAL DECLARATION by Charlene Sutherland on behalf of
Intervention re motion to intervene [81-1], re motion for
preliminary injunction and expedited discovery [62-2]
[4:97-cv-01622] (cp) [Entry date 12/01/97]
[Edit date 12/01/97]
11/26/97 128 SUPPLEMENTAL DECLARATION by Therese M. Stewart on behalf of
Intervention re motion to intervene [81-1], re motion for
preliminary injunction and expedited discovery [62-2]
[4:97-cv-01622] (cp) [Entry date 12/01/97]
12/1/97 129 NOTICE by Intervention of entry of order [4:97-cv-01622]
(cp)
12/2/97 130 ORDER by Judge Claudia Wilken granting motion to file
extended-length brief [126-1] ( Date Entered: 12/3/97) (cc:
all counsel) [4:97-cv-01622] (cp) [Entry date 12/03/97]
12/2/97 131 REPLY by Intervention to opposition to motion to intervene
[81-1] for temporary restraining order and order to show
cause [4:97-cv-01622] (cp) [Entry date 12/03/97]
12/4/97 132 STIPULATION and ORDER by Judge Claudia Wilken : continuing
hearing on motion for preliminary injunction and expedited
discovery [62-2] 10:00 12/19/97, motion for partial summary
judgment [58-1] 10:00 12/19/97 Case Management Conference
continued at 10:00am on 12/19/97 ; (cc: all counsel)
[4:97-cv-01622] (cp) [Entry date 12/10/97]
12/8/97 133 NOTICE by Intervention of entry of order [4:97-cv-01622]
(cp) [Entry date 12/10/97]
12/23/97 134 NOTICE OF MOTION AND MOTION by Intervenors before Judge
Claudia Wilken to intervene, and to to disqualify
plaintiff's counsel with Notice set for 1/30/98 at 10:00am
[4:97-cv-01622] (cp) [Entry date 12/30/97]
12/23/97 135 DECLARATION by William H. Bode on behalf of Intervenors re
motion to intervene [134-1], re motion to disqualify
plaintiff's counsel [134-2] [4:97-cv-01622] (cp)
[Entry date 12/30/97]
12/30/97 136 ORDER by Judge Claudia Wilken resetting hearing on motion
for preliminary injunction [62-2] 10:00 1/9/98, resetting
hearing on motion for partial summary judgment [58-1] 10:00
1/9/98 Case Management Conference set for 10:00 1/9/98 ;
( Date Entered: 1/6/98) (cc: all counsel) [4:97-cv-01622]
(cp) [Entry date 01/06/98]
1/5/98 137 ANSWER by defendant to first amended and supplemental
complaint [4:97-cv-01622] (cp) [Entry date 01/06/98]
1/7/98 138 DECLARATION by Charlene E. Sutherland on behalf of
Plaintiff Dwight E. Wininger in opposition to application
of William Bode to appear pro hac vice [4:97-cv-01622] (cp)
[Entry date 01/09/98]
1/7/98 139 DECLARATION by Alex J. Luchentiser on behalf of Plaintiff
Dwight E. Wininger in opposition to application of William
Bode to appear pro hac vice [4:97-cv-01622] (cp)
[Entry date 01/09/98]
1/7/98 140 OPPOSITION by Lead Plaintiff to application of William Bode
to appear pro hac vice [4:97-cv-01622] (cp)
[Entry date 01/09/98]
1/8/98 141 DECLARATION by Charlene E. Sutherland on behalf of
Plaintiffin opposition to application of William Bode to
appear pro hac vice [4:97-cv-01622] (cp)
[Entry date 01/09/98]
1/13/98 142 STIPULATION and ORDER by Judge Claudia Wilken : extending
plaintiff time to file opposition to Intervenors' motion
intervene and disqualify plaintiff's counsel to 1/16/98;
extending Intervenors time to file their reply to 1/23/98
resetting hearing on motion to intervene [134-1] 10:00
2/6/98, resetting hearing on motion to disqualify
plaintiff's counsel [134-2] 10:00 2/6/98 (cc: all counsel)
[4:97-cv-01622] (cp) [Entry date 01/15/98]
1/14/98 143 REPLY by Intervenors in support of application of William
H. Bode to appear pro hac vice [4:97-cv-01622] (cp)
[Entry date 01/16/98]
1/15/98 148 ORDER by Judge Claudia Wilken referring case for
settlement conference to Mag. Judge Bernard Zimmerman (
Date Entered: 1/21/98) (cc: all counsel) [4:97-cv-01622]
(cp) [Entry date 01/21/98]
1/20/98 145 OPPOSITION by Plaintiff to motion to intervene [134-1],
motion to disqualify plaintiff's counsel [134-2]
[4:97-cv-01622] (mh) [Entry date 01/21/98]
1/20/98 146 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff in
opposition of the motion to intervene [134-1], & of the
motion to disqualify plaintiff's counsel [134-2]
[4:97-cv-01622] (mh) [Entry date 01/21/98]
[Edit date 01/21/98]
1/20/98 147 DECLARATION by Robert W. Mills on behalf of Plaintiff in
opposition to the motion to intervene [134-1], & to the
motion to disqualify plaintiff's counsel [134-2]
[4:97-cv-01622] (mh) [Entry date 01/21/98]
1/21/98 -- REFERRAL: referring case for settlement to Mag. Judge
Bernard Zimmerman [4:97-cv-01622] (judi)
1/23/98 149 REPLY by Intervenors in support of the motion to intervene
[134-1], & of the motion to disqualify plaintiff's counsel
[134-2] [4:97-cv-01622] (mh) [Entry date 01/26/98]
1/23/98 150 DECLARATION by William H. Bode in support of the reply to
plaintiff's opposition to the motion of Pro-Plan
Intervenors & to intervene & disqualify plaintiff's counsel
[4:97-cv-01622] (mh) [Entry date 01/26/98]
1/26/98 151 REPORTER'S TRANSCRIPT; Date of proceedings: 1/9/98 ( C/R:
Carol A. Karen) minutes [144-2] [4:97-cv-01622] (cp)
[Entry date 01/27/98]
1/27/98 152 CLERK'S NOTICE Settlement conf. (Mag) Zimmerman at 9am
6/9/98 [4:97-cv-01622] (mh) [Entry date 01/30/98]
2/4/98 153 Application and ORDER by Judge Claudia Wilken for
attorney to appear pro hac vice - William H. Bode ( Date
Entered: 2/9/98) (cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 02/09/98]
2/4/98 154 ORDER by Judge Claudia Wilken granting application of
William H. Bode to appear pro hac vice on behalf of prosed
pro-plan intervenors ( Date Entered: 2/9/98) (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 02/09/98]
2/6/98 155 MINUTES: ( C/R Carol Karen) ( Hearing Date: 2/2/98) that
the motion to intervene [134-1] is submitted, that the
motion to disqualify plaintiff's counsel [134-2] is
submitted; plaintiff to finish certification discovery with
45 days and file motion for class certification by 3/20/98
with hearing set for 5/29/98 at 10:00am; opposition is due
5/8/98; reply by 5/15/98 [4:97-cv-01622] (cp)
[Entry date 02/11/98]
2/9/98 156 REPORTER'S TRANSCRIPT; Date of proceedings: 2/6/98 ( C/R:
Carol A. Karen) minutes [155-1] [4:97-cv-01622] (cp)
[Entry date 02/11/98]
2/26/98 157 EXPEDITED MOTION before Judge Claudia Wilken by
Plaintiff Dwight E. Wininger to compel [4:97-cv-01622] (cp)
[Entry date 02/27/98]
2/26/98 158 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
Dwight E. Wininger re motion to compel [157-1]
[4:97-cv-01622] (cp) [Entry date 02/27/98]
2/26/98 -- RECEIVED proposed order submitted by Plaintiff Dwight E.
Wininger re: [157-1] [4:97-cv-01622] (cp)
[Entry date 02/27/98]
2/27/98 159 ORDER by Judge Claudia Wilken referring to Mag. Judge
Bernard Zimmerman the motion to compel [157-1] and ALL
FURTHER DISCOVERY ( Date Entered: 3/2/98) (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 03/02/98]
3/2/98 160 OBJECTIONS by Intervenors Boyde, Donovan, Odenbach, et al
to plaintiff's proposed order on motion of proplan
intervenors to intervene, and to disqualify plaintiff's
counsel [4:97-cv-01622] (cp) [Entry date 03/04/98]
3/2/98 161 OPPOSITION by defendants to motion to compel [157-1],
cross-motion for protective order, and cross-motion for
stay of discovery [4:97-cv-01622] (cp) [Entry date 03/04/98]
3/2/98 162 DECLARATION by George H. Brown on behalf of defendant re
opposition [161-1] [4:97-cv-01622] (cp)
[Entry date 03/04/98]
3/2/98 163 PROOF OF SERVICE by defendant of declaration [162-1],
opposition [161-1] [4:97-cv-01622] (cp)
[Entry date 03/04/98]
3/4/98 164 ORDER by Mag. Judge Bernard Zimmerman re: initial
discovery matters ( Date Entered: 3/9/98) (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 03/09/98]
3/6/98 165 MINUTES: before Mag. Judge Zimmerman ( C/R TC98-6) (
Hearing Date: 3/6/98); nondispositive motion contested;
motion hearing/argument held; order to be prepared by
defendant [4:97-cv-01622] (cp) [Entry date 03/13/98]
3/12/98 166 EX-PARTE APPLICATION before Judge Claudia Wilken by
Plaintiff Dwight E. Wininger for enlargement of time
with memorandum of points and authorities [4:97-cv-01622]
(cp) [Entry date 03/16/98]
3/12/98 167 DECLARATION by Alex J. Luchentiser on behalf of Plaintiff
Dwight E. Wininger re motion for enlargement of time
[166-1] [4:97-cv-01622] (cp) [Entry date 03/16/98]
3/12/98 168 MOTION before Judge Claudia Wilken by Plaintiff Dwight
E. Wininger to strike certain exhibits, or in the
alternative for leave to file supplemental materials
with Notice set for 4/17/98 at 10:00am [4:97-cv-01622] (cp)
[Entry date 03/16/98]
3/12/98 169 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
Dwight E. Wininger re motion to strike certain exhibits
[168-1] [4:97-cv-01622] (cp) [Entry date 03/17/98]
3/13/98 170 ORDER by Mag. Judge Bernard Zimmerman denying motion to
compel [157-1]; discovery sought by plaintiff against
defendants is denied until after Judge Wilken rules on the
preliminary injunction; disocvery against third parties,
including discovery sought by subpoenas is STAYED until
after Judge Wilken rules on the preliminary injunction (
Date Entered: 3/19/98) (cc: all counsel) [4:97-cv-01622]
(cp) [Entry date 03/19/98]
3/17/98 171 OPPOSITION by Pro-Plan Intervenors' to motion to strike
certain exhibits [168-1], motion for leave to file
supplemental materials [168-2] [4:97-cv-01622] (cp)
[Entry date 03/19/98]
3/17/98 172 OPPOSITION by Pro-Plan Intervenors to motion for
enlargement of time [166-1] [4:97-cv-01622] (cp)
[Entry date 03/19/98]
3/17/98 173 RESPONSE by Pro-Plan Intervenors' to plaintiffs' 3/12/98
letter to the court [4:97-cv-01622] (cp)
[Entry date 03/19/98]
3/19/98 174 ORDER by Judge Claudia Wilken granting motion for
enlargement of time [166-1] (see document for revised
briefing and discovery scheduled on class certifications) (
Date Entered: 3/26/98) (cc: all counsel) [4:97-cv-01622]
(cp) [Entry date 03/26/98]
3/23/98 175 ORDER by Judge Claudia Wilken that all parties involved in
this case are ordered to file a brief status report by
4/3/98, explaining the effect, if any, that the Delaware
Supreme Court's 3/19/98 order will have on this case Date
Entered: 3/26/98) (cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 03/26/98]
4/1/98 176 EX-PARTE APPLICATION by intervenors to be added to service
list and response to plaintiff's counsel's letter of
3/19/98 before Judge Claudia Wilken for [4:97-cv-01622] (kk)
[Entry date 04/03/98]
4/3/98 177 REPLY by Plaintiff Dwight E. Wininger to opposition to
motion to strike certain exhibits [168-1], motion for leave
to file supplemental materials [168-2] [4:97-cv-01622] (cp)
[Entry date 04/07/98]
4/3/98 178 STATUS REPORT by Plaintiff Dwight E. Wininger
[4:97-cv-01622] (cp) [Entry date 04/07/98]
4/3/98 179 OPPOSITION by Plaintiff Dwight E. Wininger to motion for
request to be added to the service list [176-1]
[4:97-cv-01622] (cp) [Entry date 04/07/98]
4/3/98 180 STATUS REPORT by Proposed Intervenors' (Sutherland Group)
[4:97-cv-01622] (cp) [Entry date 04/07/98]
4/3/98 181 ORDER by Judge Claudia Wilken granting motion for
Pro-Plan Intervenors be added to the service list [176-1]
extending time for defendants to file its status report
until 4/10/98 ( Date Entered: 4/7/98) (cc: all counsel)
[4:97-cv-01622] (cp) [Entry date 04/07/98]
4/6/98 182 PROOF OF SERVICE by Plaintiff Dwight E. Wininger of order
[174-1] [4:97-cv-01622] (cp) [Entry date 04/07/98]
4/6/98 183 ORDER by Judge Claudia Wilken granting in part Proposed
Pro-Plan Intervenors' request for an extension to file
status report until 4/13/98 ( Date Entered: 4/10/98) (cc:
all counsel) [4:97-cv-01622] (cp) [Entry date 04/10/98]
4/10/98 184 Court-ordered STATUS REPORT by defendants [4:97-cv-01622]
(cp)
4/10/98 185 MOTION before Judge Claudia Wilken by Plaintiff for class
certification with Notice set for 6/19/98 at 10am
[4:97-cv-01622] (mh) [Entry date 04/13/98]
4/10/98 186 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
in support of the motion for class certification [185-1]
[4:97-cv-01622] (mh) [Entry date 04/13/98]
4/13/98 187 STATUS REPORT on Delaware Supreme Court decision and
related issues by Pro-Plan Intervenors' [4:97-cv-01622] (cp)
[Entry date 04/14/98]
5/6/98 188 ORDER by Judge Claudia Wilken that all parties involved in
this case, including Proposed Intervenors are ordered to
file by 5/15/98 a brief status report re: the outcome of the
4/27/98 motions in the Delaware case ( Date Entered: 5/8/98)
(cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 05/08/98] [Edit date 05/08/98]
5/15/98 189 Court ordered STATUS REPORT by defendants [4:97-cv-01622]
(cp) [Entry date 05/18/98]
5/15/98 190 JOINT COURT-ORDERED STATUS REPORT filed by plaintiff and
proposed plaintiffs in intervention, Charles E. Sutherland,
Francis Conrad, et al [4:97-cv-01622] (cp)
[Entry date 05/18/98]
5/15/98 191 PROOF OF SERVICE by defendants of report [189-1]
[4:97-cv-01622] (cp) [Entry date 05/18/98]
5/19/98 192 ORDER by Judge Claudia Wilken granting plaintiff's request
for leave to file a supplemental status report; plaintiff's
shall have until 5/22/98 to file report; (Date Entered:
5/20/98) (cc: all counsel) [4:97-cv-01622] (kc)
[Entry date 05/20/98]
5/22/98 193 JOINT Supplemental STATUS REPORT by Plaintiff, Intervenors
[4:97-cv-01622] (kc) [Entry date 05/26/98]
5/28/98 194 ORDER by Judge Claudia Wilken denying as moot plaintiff's
motion for preliminary injunction [62-2], denying Ms.
Sutherland's motion to intervene [81-1], denying as moot
Proposed Pro-Plan Intervenors' motion to intervene [134-1],
denying motion for class certification without prejudice
pending a motion to dismiss the entire case [185-1];
defendants to file a motion to dismiss the remaining claims;
motion will be heard on 7/24/98 at 10:00am (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 06/24/98]
[Edit date 06/24/98]
5/29/98 195 ORDER by Judge Claudia Wilken of intention of ruling
Proposed Pro-Plan Intervenors' motion to disqualify
plaintiff's counsel [134-1], motion to strike [168-1], to
file supplemental materials [168-2] as denied; defendants
objection to the court's tentative order is due by 6/12/98;
Proposed Pro-Plan Intervenors may file an opposition to the
intended ruling by 6/12/98; plaintiff may file a reply to
any opposition by 6/19/98 ( Date Entered: 6/2/98) (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 06/02/98]
6/1/98 196 ORDER by Judge Claudia Wilken that the court intends to
deny plaintiff's motion for partial summary judgment [58-1];
plaintiff may file an opposition to this tentative order
by 6/12/98; defendants may reply to any opposition by
6/19/98; court will issue an order based on the papers
submitted; if no opposition is filed, the court will issue
the intended order without substantive changes ( Date
Entered: 6/3/98) (cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 06/03/98]
6/1/98 197 SETTLEMENT CONFERENCE MINUTES: before Mag Judge Zimmerman
(C/R N/A) Settlement conference held, Settlement conf.
(Mag) continued for 9:00 6/9/98 [4:97-cv-01622] (mh)
[Entry date 06/04/98]
6/2/98 198 ORDER by Mag. Judge Bernard Zimmerman Settlement conf.
(Mag) at 9:00 6/9/98 ; ( Date Entered: 6/2/98) (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 06/08/98]
6/10/98 199 MINUTES: before Mag. Judge Zimmerman (C/R none listed) (
Hearing Date: 6/9/98) settlement conference held;
telephone status conference set for 3:00 on 6/16/98
[4:97-cv-01622] (kc) [Entry date 06/15/98]
6/12/98 200 OPPOSITION by Intervenors to Court's intended ruling, as
friends of the Court [4:97-cv-01622] (kc)
[Entry date 06/15/98]
6/12/98 201 OBJECTIONS by Plaintiff to Court's tentative ruling on
motion for partial summary judgment [4:97-cv-01622] (kc)
[Entry date 06/15/98]
6/12/98 202 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
in support of objection [201-1] [4:97-cv-01622] (kc)
[Entry date 06/15/98]
6/17/98 203 SETTLEMENT CONFERENCE MINUTES: ( C/R not reported) (
Hearing Date: 6/16/98) settlement conference held;,
telephone status at 3:00pm on 6/29/98 [4:97-cv-01622] (cp)
[Entry date 06/22/98]
6/19/98 204 REPLY by Plaintiff Dwight E. Wininger re intended ruling
denying motion to disqualify plaintiff's counsel [195-1]
[4:97-cv-01622] (cp) [Entry date 06/22/98]
6/19/98 205 MOTION with memorandum in support before Judge Claudia
Wilken by defendants to dismiss action as moot with
Notice set for 7/24/98 at 10:00am [4:97-cv-01622] (cp)
[Entry date 06/22/98]
6/19/98 206 DECLARATION by George H. Brown on behalf of defendants re
motion to dismiss action as moot [205-1] [4:97-cv-01622]
(cp) [Entry date 06/22/98]
6/19/98 207 PROOF OF SERVICE by defendants of declaration [206-1],
motion to dismiss action as moot [205-1] [4:97-cv-01622] (cp)
[Entry date 06/22/98]
6/25/98 208 REVISED NOTICE of motion to dismiss action as moot [205-1]
by defendants ; hearing set for 10:00 7/24/98
[4:97-cv-01622] (cp)
7/10/98 209 STIPULATION and ORDER by Judge Claudia Wilken : continuing
hearing on motion to dismiss action as moot [205-1] 10:00
8/21/98 (cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 07/13/98]
7/16/98 210 NOTICE by defendants of entry of order rescheduling hearing
on motion to dismiss [4:97-cv-01622] (cp)
7/17/98 211 MOTION with memorandum in support before Judge Claudia
Wilken by Plaintiff Dwight E. Wininger to amend and
supplement complaint with Notice set for 8/21/98 at
10:00am [4:97-cv-01622] (cp) [Entry date 07/20/98]
7/17/98 -- RECEIVED proposed order submitted by Plaintiff Dwight E.
Wininger re: [211-1] [4:97-cv-01622] (cp)
[Entry date 07/20/98]
7/17/98 212 OPPOSITION by Plaintiff Dwight E. Wininger to motion to
dismiss action as moot [205-1] [4:97-cv-01622] (cp)
[Entry date 07/20/98]
7/17/98 213 DECLARATION by Alex J. Luchenitser on behalf of Plaintiff
Dwight E. Wininger re opposition [212-1] [4:97-cv-01622]
(cp) [Entry date 07/20/98]
7/17/98 214 PROOF OF SERVICE by Plaintiff Dwight E. Wininger of
declaration [213-1], opposition [212-1] [4:97-cv-01622] (cp)
[Entry date 07/20/98]
7/31/98 215 DECLARATION by Dwight E. Wininger on behalf of Plaintiff re
motion to amend and supplement complaint [211-1]
[4:97-cv-01622] (cp) [Entry date 08/03/98]
7/31/98 216 PROOF OF SERVICE by Plaintiff Dwight E. Wininger of
declaration [215-1] [4:97-cv-01622] (cp)
[Entry date 08/03/98]
7/31/98 217 DECLARATION by Charlene E. Sutherland on behalf of
Plaintiff Dwight E. Wininger re motion to amend and
supplement complaint [211-1] [4:97-cv-01622] (cp)
[Entry date 08/03/98]
7/31/98 218 PROOF OF SERVICE by Plaintiff Dwight E. Wininger of
declaration [217-1] [4:97-cv-01622] (cp)
[Entry date 08/03/98]
7/31/98 219 MEMORANDUM by defendant in opposition to motion to amend
and supplement complaint [211-1] [4:97-cv-01622] (cp)
[Entry date 08/03/98]
8/7/98 220 REPLY by Plaintiff Dwight E. Wininger to opposition to
motion to amend and supplement complaint [211-1]
[4:97-cv-01622] (cp) [Entry date 08/10/98]
8/7/98 221 REPLY by Plaintiff Dwight E. Wininger to opposition to
motion to dismiss action as moot [205-1] [4:97-cv-01622] (cp)
[Entry date 08/10/98]
8/18/98 222 CLERK'S NOTICE hearing on motion to dismiss action as moot
[205-1], and motion to amend and supplement complaint
[211-1] are continued at 10:00 on 9/4/98 [4:97-cv-01622] (cp)
[Entry date 08/19/98]
9/4/98 223 MINUTES: before Judge Claudia Wilken ( C/R Raynee Mercado)
( Hearing Date: 9/4/98) denying defendant's motion to
dismiss action as moot [205-1], granting in part
plaintiff's motion to amend and supplement complaint
[211-1] [4:97-cv-01622] (cp) [Entry date 09/09/98]
9/24/98 224 ORDER by Judge Claudia Wilken denying Proposed Pro-Plan
Intervenors' motion to disqualify plaintiff's counsel
[134-2]; plaintiff's motion to strike certain exhibits
[168-1], and motion for leave to file supplemental
materials [168-2] are denied as moot; granting plaintiff's
motion to amend and supplement complaint [211-1]; denying
defendants' motion to dismiss action as moot [205-1];
denying without prejudice plaintiff's motion for partial
summary judgment [58-1] Case Management Conference set for
10:00am on 11/20/98 ; ( Date Entered: 9/28/98) (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 09/28/98]
9/24/98 225 SECOND AMENDED AND SUPPLEMENTAL COMPLAINT [1-1] by
Plaintiff Dwight E. Wininger; jury demand; adding Charlene
E. Sutherland, Synthetic Industries [4:97-cv-01622] (cp)
[Entry date 09/28/98]
9/25/98 -- SUMMONS issued as to SI Management L.P., Synthetic
Management, Leonard Chill, John P. Beckman, W. Wayne Freed,
Ralph Kenner, W. Gardner Wright, Chill Investments, Beckman
Investments, Freed Investments, Kenner Investments, Wright
Investments, Synthetic Industries [4:97-cv-01622] (cp)
[Entry date 09/28/98]
10/14/98 -- RECEIVED Stipulation & [Proposed] Order continuing hearing
& briefing schedule submitted by Plaintiffs & Defendants
[4:97-cv-01622] (scu) [Entry date 10/15/98]
10/16/98 226 STIPULATION and ORDER by Judge Claudia Wilken: deadlines
for plaintiffs to file a class certification motion and for
defendants to file a motion to dismiss or otherwise respond
to the Second Amended Complaint extended to 11/13/98;
hearing on motions and Case Management Conference continued
to 10:00 on 12/18/98; (cc: all counsel) [4:97-cv-01622] (kc)
[Entry date 10/19/98]
10/28/98 227 PROOF OF SERVICE by defendant of order [226-2]
[4:97-cv-01622] (cp) [Entry date 10/29/98]
10/29/98 228 REPORTER'S TRANSCRIPT; Date of proceedings: 9/4/98 ( C/R:
Raynee H. Mercado) minutes [223-1] [4:97-cv-01622] (cp)
[Entry date 11/03/98]
11/13/98 -- RECEIVED stipulation and proposed order continuing hearing
and briefing schedule submitted by defendants
[4:97-cv-01622] (cp) [Entry date 11/16/98]
11/16/98 229 STIPULATION and ORDER by Judge Claudia Wilken : extending
time for plaintiffs to file a class certification motion,
and defendants to file a motion to dismiss or respond to
the second amended and supplemental complaint to 12/11/98;
hearings on these motions and, case management conference
will be continued to 1/15/99 at 10:00am; (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 11/18/98]
12/11/98 -- RECEIVED stipulation and proposed order continuing hearing
and briefing schedule submitted by defendant SI Management
L.P., et al [4:97-cv-01622] (cp) [Entry date 12/14/98]
12/14/98 230 STIPULATION and ORDER by Judge Claudia Wilken :
continuing hearing and briefing schedule: deadline for
plaintiffs to file class certification motion, and
defendants to file a motion to dismiss or respond to the
second amended and supplemental complaint is 1/22/99;
hearings on those motions and case management conference is
continued to 2/19/99 at 10:00am ; (cc: all counsel)
[4:97-cv-01622] (cp) [Entry date 12/16/98]
12/23/98 231 NOTICE by Plaintiff of entry of [230-2] order
[4:97-cv-01622] (cp) [Entry date 12/24/98]
1/21/99 -- RECEIVED stipulation and proposed order continuing hearing
and briefing schedule submitted by defendant SI Management
L.P., et al [4:97-cv-01622] (cp) [Entry date 01/22/99]
1/22/99 232 STIPULATION and ORDER by Judge Claudia Wilken :
continuing deadlines for plaintiffs to file class
certification and defendants to file motion to dismiss or
respond to the second amended and supplemental complaint to
2/19/99; hearing on the motions, and case management
conference are also continued to 3/26/99 at 10:00am ; (cc:
all counsel) [4:97-cv-01622] (cp) [Entry date 01/28/99]
2/22/99 -- RECEIVED stipulation and proposed order continuing hearing
and briefing schedule submitted by defendant
[4:97-cv-01622] (cp) [Entry date 02/23/99]
2/24/99 233 STIPULATION and ORDER by Judge Claudia Wilken : deadlines
for plaintiffs to file class certification motion and
defendants to file a motion to dismiss or respond to the
second amended and supplemental complaint is extended to
3/19/99; hearings on those motions and case management
conference will be held on 4/23/99 at 10:00am; (cc: all
counsel) [4:97-cv-01622] (cp) [Entry date 03/01/99]
3/19/99 -- RECEIVED stipulation and proposed order continuing hearing
and briefing schedule submitted by defendant, Plaintiff
[4:97-cv-01622] (cp) [Entry date 03/22/99]
3/22/99 234 STIPULATION and ORDER by Judge Claudia Wilken: deadlines
for plaintiffs to file a class certification motion and
defendants to file a motion to dismiss or otherwise respond
to the Second Amended Complaint is extended to 4/16/99;
hearing on the motions set for 10:00 on 5/21/99; Case
Management Conference continued to 5/21/99 at 10:00; (cc:
all counsel) [4:97-cv-01622] (kc) [Entry date 03/24/99]
4/15/99 236 DECLARATION by Derek G. Howard on behalf of Dwight E.
Wininger, Charlene E. Sutherland re motion for preliminary
approval of class derivative settlement [235-1], re motion
class certification for settlement purposes [235-2], re
motion approving the filing of a consolidated third amended
complaint [235-3], re motion for approval of notice of
settlement [235-4] [4:97-cv-01622] (cp)
[Entry date 04/20/99]
4/15/99 237 STIPULATION and agreement of settlement [4:97-cv-01622] (cp)
[Entry date 04/20/99]
4/16/99 235 STIPULATED MOTION with memorandum before Judge Claudia
Wilken by Plaintiffs for preliminary approval of class
derivative settlement, class certification for settlement
purposes, approving the filing of a consolidated third
amended complaint, for approval of notice of settlement
[4:97-cv-01622] (cp) [Entry date 04/20/99]
[Edit date 04/20/99]
4/16/99 238 ORDER by Judge Claudia Wilken granting motion for
preliminary approval of class derivative settlement
[235-1], granting motion class certification for
settlement purposes [235-2], granting motion approving the
filing of a consolidated third amended complaint [235-3],
granting motion for approval of notice of settlement
[235-4] hearing on (the "settlement fairness hearing")
will be held at 2:00pm on 5/24/99 ; ( Date Entered:
4/20/99) (cc: all counsel) [4:97-cv-01622] (cp)
[Entry date 04/20/99]
4/16/99 239 CONSOLIDATED THIRD AMENDED COMPLAINT [225-1] by Plaintiff;
jury demand; adding Gary T. Charlebois, Joseph F. Dana, Lee
J. Seidler, William J. Shortt, Robert Voigt [4:97-cv-01622]
(cp) [Entry date 04/20/99] [Edit date 04/20/99]
4/16/99 240 VERIFICATION by Charlene E. Sutherland of consolidated
third amended complaint [239-1] [4:97-cv-01622] (cp)
[Entry date 04/20/99]
4/16/99 241 VERIFICATION by Dwight E. Wininger of consolidated third
amended complaint [239-1] [4:97-cv-01622] (cp)
[Entry date 04/20/99]
4/16/99 242 VERIFICATION by Gary T. Charlebois of consolidated third
amended complaint [239-1] [4:97-cv-01622] (cp)
[Entry date 04/20/99]
[END OF DOCKET: 4:97cv1622]