Docket as of November 17, 1998 [retrieved 12/3/98] Proceedings include all events. 1:97cv3456 Antell v. Arthur Andersen LLP NOLAN NOLAN U.S. District Court Northern District of Illinois (Chicago) CIVIL DOCKET FOR CASE #: 97-CV-3456 Antell v. Arthur Andersen LLP Filed: 05/09/97 Assigned to: Hon. Wayne R. Andersen Jury demand: Plaintiff Referred to: Hon. Nan R. Nolan 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 B ANTELL, III Marvin Alan Miller plaintiff [COR LD NTC A] Kenneth A. Wexler [COR] Jennifer Winter Sprengel [COR] Miller, Faucher, Cafferty and Wexler, L.L.P. 30 North LaSalle Street Suite 3200 Chicago, IL 60602 (312) 782-4880 Jill S Abrams [COR NTC] Abbey, Gardy & Squitieri, LLP 212 East 39th Street New York, NY 10016 212-889-3700 Sherrie R. Savett [COR NTC] Todd Collins [COR] Berger & Montaque, P.C. 1622 Locust Street Philadelphia, PA 19103 (215) 875-3000 Richard H Weiss [COR NTC] Salvatore J. Graziano [COR] Milberg, Weiss, Bershad, Hynes & Lerach LLP One Pennsylvania Plaza 49th Floor New York, NY 10119 (212)594-5300 Esther Berkowitz-Caballero [COR] Zwerling, Schachter & Zwerling 767 Third Avenue New York, NY 10017-2023 (212) 223-3900 Jeffrey C Zwerling [COR LD NTC A] Zwerling, Schachter & Zwerling LLP 767 Third Ave. New York, NY 10017 (212)223-3900 v. ARTHUR ANDERSEN LLP William F. Lloyd defendant [COR LD NTC A] Jeffrey R. Tone [COR] Jeffrey Charles Sharer [COR] Sidley & Austin One First National Plaza Suite 4900 Chicago, IL 60603 (312) 853-7000 5/9/97 1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Salvatore J. Graziano, Richard H Weiss, Todd Collins, Jill Abrams, Sherrie R. Savett, Jennifer Winter Sprengel, A. Wexler, Marvin Alan Miller as attorney(s) for plaintiff James B Antell III ( no summons(es) issued.) ( Documents: 1-1 through 1-3) (mg) [Entry date 05/12/97] [Edit date 05/12/97] 5/9/97 -- RECEIPT regarding payment of filing fee paid; on 5/9/97 in the amount of $ 150.00, receipt # 493022. (mg) [Entry date 05/12/97] 6/2/97 2 REFERRAL ORDER of 5/30/97: Case referred from Hon. Wayne R. Andersen to Hon. Martin C. Ashman pursuant to General Rule 2.41(b) to conduct hearings and enter appropriate orders to conduct necessary proceedings and enter order on report and recommendation on all nondispositive motions through filing of pretrial materials including final pretrial order. (For further detail see order.) Mailed notice (ip) [Entry date 06/03/97] 6/6/97 -- SCHEDULE set on 6/6/97 by Hon. Martin C. Ashman : Status hearing set to 10:00 a.m. on 7/21/97 in courtroom 2214. Mailed notice (is) 7/11/97 3 ATTORNEY APPEARANCE for Arthur Andersen LLP by William F. Lloyd, Jeffrey R. Tone, Jeffrey Charles Sharer (ch) [Entry date 07/14/97] 7/14/97 5 MINUTE ORDER of 7/14/97 by Hon. Wayne R. Andersen: By agreement of the parties, defendant is extended to 7/21/97 to answer or otherwise plead to plaintiff's complaint. Mailed notice (ip) [Entry date 07/16/97] 7/15/97 4 WAIVER of service of summons as to defendant sent on 5/12/97 (ip) 7/17/97 -- MOTION by defendant for finding of relatedness and reassignment (Attachments); Notice of motion (Original in case file 94 C 7089) (ip) [Entry date 07/30/97] 7/21/97 -- SCHEDULE set on 7/21/97 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 9/11/97. No notice (is) 7/21/97 6 MOTION by defendant to dismiss class action complaint ; Notice of motion (ip) [Entry date 07/29/97] 7/21/97 7 MEMORANDUM by defendant in support of his motion to dismiss class action complaint [6-1] (Attachment) (ip) [Entry date 07/29/97] 7/21/97 8 APPENDIX filed by defendant in support of his motion to dismiss class action complaint [7-1] (ip) [Entry date 07/29/97] 7/21/97 10 MOTION by applicants Nick Pino Jr, Anthony DiCamillo and Ralph Corigliano for appointment of lead plaintiffs and for the approval of their selection of lead counsel; Notice of motion. (Temporarily unavailable for docketing.) (ar) [Entry date 08/07/97] [Edit date 08/07/97] 8/4/97 9 MINUTE ORDER of 8/4/97 by Hon. Wayne R. Andersen : Defendant's motion to dismiss class action complaint [6-1] is briefed as follows: Plaintiff to respond on or before 9/12/97. Defendant to reply on or before 10/3/97. No ruling date set. This motion is referred to Magistrate Judge Ashman for a Report and Recommendation. Nunc pro tunc 7/29/97. No notice (ip) [Entry date 08/06/97] 8/6/97 11 MINUTE ORDER of 8/6/97 by Hon. Martin C. Ashman : Class members Nick Pino, Jr., Anthony DiCamillo and Ralph Corigliano's motion for the appointment of lead plaintiffs [10-1] and for the approval of their selection of lead counsel [10-2] is granted. Mailed notice (ar) [Entry date 08/07/97] 8/12/97 12 REFERRAL ORDER of 8/6/97: Referring to Hon. Martin C. Ashman from Hon. Wayne R. Andersen pursuant to General Rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: Defendant's motion to dismiss class action complaint [6-1]. (For further detail see order.) Mailed notice (ip) [Entry date 08/13/97] 8/13/97 13 MINUTE ORDER of 8/13/97 by Hon. Martin C. Ashman: On motion of class members Nick Pino, Jr, Anthony Dicamillo and Ralph Corigliano's for the appointment of lead plaintiffs [10-1] and for the approval of their selection of lead counsel, [10-2] the motion is granted. (See reverse of minute order.) Mailed notice (ip) [Entry date 08/14/97] [Edit date 08/14/97] 9/5/97 14 MOTION by plaintiff to file Exhibit A to complaint, instanter (Exhibit); Notice of motion (ip) [Entry date 09/10/97] 9/9/97 15 MINUTE ORDER of 9/9/97 by Hon. Martin C. Ashman: Plaintiff's motion to file Exhibit A to complaint, instanter [14-1] is granted. Telephoned notice (ip) [Entry date 09/10/97] 9/11/97 16 MINUTE ORDER of 9/11/97 by Hon. Martin C. Ashman : Status hearing held; continued to 10/17/97 at 10:00 a.m. Plaintiff's are given an extension of time to file their response to defendant's motion to dismiss class action complaint to 9/19/97 [6-1]. Reply due 10/10/97. Oral argument on defendant's motion to dismiss class action complaint [6-1] set for 10/17/97 at 10:00 a.m. Mailed notice (ip) [Entry date 09/12/97] 9/19/97 17 RESPONSE by defendants Nick Pino Jr, Anthony DiCamillo and Ralph Corigliano to defendants' motion to dismiss class action complaint [6-1]; Notice of filing (ip) [Entry date 09/22/97] 9/19/97 18 AFFIDAVIT of Todd S. Collins (Exhibits) (ip) [Entry date 09/22/97] 10/10/97 19 REPLY memorandum by defendant in support of defendant's motion to dismiss class action complaint [6-1] (Exhibits) (mg) [Entry date 10/14/97] 10/17/97 20 MINUTE ORDER of 10/17/97 by Hon. Martin C. Ashman : Status hearing held. Oral argument held. Defendant's motion to dismiss class action complaint [6-1] is taken under advisement. Ruling to be made by mail No notice (ip) [Entry date 10/21/97] 11/13/97 21 MOTION by plaintiff for leave to file supplemental memorandum in opposition to motion to dismiss (Exhibit); Notice of motion. (Temporarily unavailable for docketing.) (dk) [Entry date 11/19/97] 11/18/97 22 MINUTE ORDER of 11/18/97 by Hon. Martin C. Ashman: Plaintiff's motion for leave to file supplemental memorandum in opposition to motion to dismiss is denied as stated in open court [21-1]. Matter is still under advisement. Mailed notice (dk) [Entry date 11/19/97] 1/28/98 23 NOTICE by plaintiff of name change; Notice of filing. (dk) [Entry date 01/29/98] 2/20/98 24 REPORT AND RECOMMENDATION concerning motion to dismiss class action complaint [6-1] (dk) [Entry date 02/24/98] 2/20/98 25 MINUTE ORDER of 2/20/98 by Hon. Martin C. Ashman : Status hearing set for 4/6/98 at 10:00 a.m. Report and recommendation regarding defendant's motion to dismiss is hereby submitted to Judge Andersen re [6-1]. Mailed notice (dk) [Entry date 02/24/98] 3/5/98 26 OBJECTIONS by defendant to Magistrate's report and recommendation on defendant's motion to dismiss class action complaint [24-1]. (dk) [Entry date 03/06/98] 3/5/98 27 MEMORANDUM by defendant in support of defendant's objections to Magistrate's report and recommendation of defendants' motion to dismiss class action complaint [26-1] (Attachments). (dk) [Entry date 03/06/98] 3/10/98 28 OBJECTIONS by defendant to Magistrate's report and recommendation [24-1] (Exhibits); Notice of filing. (dk) 3/10/98 29 MINUTE ORDER of 3/10/98 by Hon. Wayne R. Andersen: Defendant's motion to dismiss class action complaint is withdrawn without prejudice [6-1]. Mailed notice (dk) [Entry date 03/24/98] 3/23/98 30 MEMORANDUM by defendant in opposition to plaintiffs' objections to magistrate report and recommendation (Attachment). (dk) [Entry date 03/24/98] 3/26/98 31 RENEWED MOTION by defendant to dismiss class action complaint ; Notice of motion. (dk) [Entry date 03/27/98] 4/1/98 32 MINUTE ORDER of 4/1/98 by Hon. Wayne R. Andersen : The minute order dated 03/10/98 is vacated. Defendant's motion to dismiss shall be reinstated [31-1]. Mailed notice (dk) [Entry date 04/03/98] 4/6/98 -- SCHEDULE set on 4/6/98 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 5/22/98. Parties to note that date is different from the one given in open court. Mailed notice (is) [Entry date 04/08/98] 4/9/98 33 TRANSCRIPT of proceedings for the following date(s): 10/17/98 before Honorable Martin C. Ashman (dk) [Entry date 04/10/98] 4/30/98 34 MEMORANDUM, OPINION, AND ORDER (dk) [Entry date 05/04/98] 4/30/98 35 MINUTE ORDER of 4/30/98 by Hon. Wayne R. Andersen: Enter memorandum, opinion and order: For the foregoing reasons, we adopt Magistrate Judge Ashman's report and recommendation [24-1]. Arthur Andersen's motion to dismiss the complaint pursuant to F.R.C.P. 12(b)(6) based on the one-year statute of limitations is denied [31-1]. The motion to dismissed based on the three-year statute of repose is granted in part and denied in part. Arthur Andersen's motion to dismiss is denied as to plaintiff's DeCamillo and Pino. The objections [26-1], [28-1] to the report and recommendation are hereby overruled. Mailed notice (dk) [Entry date 05/04/98] 5/15/98 36 MOTION by defendant motion for extension of time to answer complaint ; Notice of motion. (dk) [Entry date 05/20/98] 5/19/98 37 MINUTE ORDER of 5/19/98 by Hon. Martin C. Ashman: Defendant's motion for extension of time to answer complaint is granted [36-1]. Defendant's time to answer the complaint is extended until 05/22/98. Telephoned notice (dk) [Entry date 05/20/98] 5/20/98 -- SCHEDULE set on 5/20/98 by Hon. Martin C. Ashman : Status hearing reset to 10:00 6/3/98. Mailed notice (is) 5/20/98 38 ANSWER to class action complaint by defendant (dk) [Entry date 05/22/98] 6/3/98 -- SCHEDULE set on 6/3/98 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 8/31/98. Discovery ordered closed on 12/31/98. Mailed notice (is) 7/1/98 -- EXECUTIVE committee order of 07/01/98: (Terminating the case referral to Hon. Martin C. Ashman). The case is referred to Hon. Nan R. Nolan. Mailed notice. (dcap) [Entry date 07/06/98] 7/16/98 -- SCHEDULE set on 7/16/98 by Hon. Nan R. Nolan : Status hearing set for 8/31/98 is stricken. Initial status hearing before Magistrate Judge Nolan set for 7/29/98 at 11:00 a.m. in courtroom 1858. For further details see attached standing order. Mailed notice (km) 7/16/98 39 ATTORNEY APPEARANCE for plaintiff by Jeffrey C. Zwerling, Esther Berkowitz-Caballero (dk) [Entry date 07/22/98] 7/20/98 40 MINUTE ORDER of 7/20/98 by Hon. Wayne R. Andersen : Jeffrey C. Zwerling and Esther Berkowitz-Caballero are given leave to file their additional appearances on behalf of plaintiff. Mailed notice (dk) [Entry date 07/22/98] 7/23/98 43 MOTION by lead plaintiffs Nick Pino Jr, Anthony DiCamillo class certification ; Notice of motion. (dk) [Entry date 07/30/98] 7/23/98 44 MEMORANDUM by lead plaintiffs Nick Pino, Anthony Dicamillo in support of their motion for class certification [43-1] (Exhibits). (dk) [Entry date 07/30/98] 7/27/98 41 STATUS REPORT by defendant (Attachments). (dk) [Entry date 07/28/98] 7/27/98 42 STATUS REPORT by plaintiff (Exhibits); Notice of filing. (dk) [Entry date 07/28/98] 7/28/98 45 MINUTE ORDER of 7/28/98 by Hon. Wayne R. Andersen: Leade plaintiffs Pino and DiCamillos' motion for class certification is referred to Magistrate Judge Nan R. Nolan re [43-1]. No notice (dk) [Entry date 07/30/98] 7/29/98 -- SCHEDULE set on 7/29/98 by Hon. Nan R. Nolan : Status hearing held; continued to 10:00 a.m. 10/13/98. Parties to file joint status report prior to 10/13/98 status. Mailed notice (km) 8/3/98 46 REFERRAL ORDER of 07/30/98: Referring to Honorable Nan R. Nolan from Honorable Wayne R. Andersen pursuant to local general rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: Lead plaintiff's Pino and DiCamillos' motion class certification [43-1]. (For further detail see order.) Mailed notice (dk) [Entry date 08/04/98] 8/10/98 47 NOTICE by David Haller with Howard,Smith & Levin LLP of change of law firm name. (srw) [Entry date 08/11/98] 8/17/98 48 MINUTE ORDER of 8/17/98 by Hon. Nan R. Nolan: Defendant's response to plaintiffs' motion class certification [43-1] due 09/21/98; plaintiffs' reply due 10/1/98. Mailed notice (dk) [Entry date 08/18/98] 9/15/98 49 MINUTE ORDER of 9/15/98 by Hon. Nan R. Nolan: Pursuant to status hearing held 07/29/98 where it was agreed defendant would be granted time to take depositions before responding to plaintiffs' class certification motion and by agreement of the parties, defendant's response to plaintiffs' motion for class certification now due 11/05/98; plaintiff's reply now due 11/20/98. No further continuances will be granted. As per order of 06/03/98, discovery cut off date is 12/31/98 [43-1]. Status hearing set for 10/13/98 is reset to 12/2/98 at 10:00 a.m. Mailed notice (dk) [Entry date 09/16/98] 9/17/98 50 LETTER dated 09/16/98 to Karen from Jeffrey C. Sharer (dk) [Entry date 09/21/98] 11/5/98 51 MEMORANDUM by defendant in opposition to plaintiff's motion class certification [43-1] (Attachments). (dk) [Entry date 11/06/98] 11/12/98 52 UNOPPOSED MOTION by plaintiff for extension of time to file reply in further support of motion for class certification ; Notice of motion. (dk) [Entry date 11/17/98] 11/16/98 53 MINUTE ORDER of 11/16/98 by Hon. Nan R. Nolan: Plaintiffs' unopposed motion for extension of time to file reply in further support of for class certification is granted [52-1]. Plaintiff's reply in further support of their motion class certification [43-1] is due 12/04/98. The court will rule by mail on plaintiffs' motion for class certification. Status hearing set for 12/02/98 is reset to 1/6/99 at 10:00 a.m. for a report on discovery. Mailed notice (dk) [Entry date 11/17/98] [END OF DOCKET: 1:97cv3456]