Case docket was last updated on: 08/18/00. Docket as of August 18, 2000 10:32 pm Page 1 Proceedings include all events. 7:98cv2762 Johnson, et al v. Bonmati, et al CLOSED CLOSED U.S. District Court Southern District of New York - Civil Database (White Plains) CIVIL DOCKET FOR CASE #: 98-CV-2762 Johnson, et al v. Bonmati, et al Filed: 04/17/98 Assigned to: Judge Charles L. Brieant 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 WESLEY D JOHNSON, individually Jonathan M. Plasse plaintiff [COR LD NTC] GOODKIND LABATON RUDOFF & SUCHAROW 100 Park Avenue New York, NY 10017-5563 (212) 907-0700 PAMELA S.T. JOHNSON, Wesley D. Jonathan M. Plasse Johnson and Pamela S.T. (See above) Johnson, individually and on [COR LD NTC] behalf of themselves and all others similarly situated plaintiff v. REYNALD G BONMATI Lisa Klein Wager defendant [COR LD NTC] Morgan Lewis & Bockius 101 Park Avenue New York, NY 10178 212-309-6000 KURT W STREAMS Lisa Klein Wager defendant (See above) [COR LD NTC] NORLAND MEDICAL SYST, Norland Lisa Klein Wager Medical Systems, Inc., (See above) defendant [COR LD NTC] Docket as of August 18, 2000 10:32 pm Page 2 Proceedings include all events. 7:98cv2762 Johnson, et al v. Bonmati, et al CLOSED ======================== DON FIFE, individually and on Jonathan M. Plasse behalf of themselves and all [COR LD NTC] others similarly situated Goodkind, Labaton, Rudoff & plaintiff Sucharow, L.L.P. 100 Park Avenue New York, NY 10017 (212) 907-0700 Docket as of August 18, 2000 10:32 pm Page 3 Proceedings include all events. 7:98cv2762 Johnson, et al v. Bonmati, et al CLOSED 4/17/98 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 310330 (pf) 4/17/98 -- Magistrate Judge Lisa M. Smith is so Designated. (pf) 5/11/98 2 RETURN OF SERVICE executed as to Reynald G Bonmati, Kurt W Streams, Norland Medical Syst by Martin Kestin on 4/23/98 Answer due on 5/13/98 for Reynald G Bonmati, for Kurt W Streams, for Norland Medical Syst ; served summons and complaint by leaving with Linda Morello at 106 Corporate Park drive, WHite Plains, Ny (ds) 6/1/98 3 STIPULATION and ORDER....it is hereby stip. and agreed that the time in which the defts to answer or otherwise respond to the complaint in this action is hereby adjourned until thirty (30) days from such time as pltfs file an amended and/or consolidated complaint or advise us in writing that the complaint filed on April 17, 1998 in 98CV2762 will be the operative complaint. (ec) [Entry date 06/02/98] 6/12/98 -- Case Management Conference held before Judge Brieant. Transcript taken by Mary Staten. (ec) [Entry date 06/15/98] 6/18/98 4 Letter filed dated June 17, 1998 to Judge Brieant from atty Jonathan M. Plasse re we request that the pre-trial conference before the Court presently scheduled for June 26, 1998 be rescheduled to July 17, 1998 at a time convenient to the Court. (ec) [Entry date 06/19/98] 6/22/98 5 NOTICE OF MOTION by Wesley D Johnson, Pamela S.T. Johnson for appointment to serve as lead plntfs; approval of their choice of lead counsel , Return date 7/17/98 at 11:30am (ds) [Entry date 06/24/98] 6/22/98 6 AFFIDAVIT of Johathan M. Plasse by Wesley D Johnson, Pamela S.T. Johnson Re: [5-1] motion for appointment to serve as lead plntfs; approval of their choice of lead counsel (ds) [Entry date 06/24/98] 6/22/98 7 MEMORANDUM by Wesley D Johnson, Pamela S.T. Johnson in support of [5-1] motion for appointment to serve as lead plntfs; approval of their choice of lead counsel (ds) [Entry date 06/24/98] 7/17/98 -- Memorandum to Docket Clerk: Hearing began and concludded on July 17, 1998 of Plaintiff's Motion for Appointment as Lead Plaintiff's and for approval of Plaintiff's choice of Counsel (Court Reporter Sue Ghorayeb) Judge's Decision RESERVED. Submitted by Ken Zaephel (mp) Docket as of August 18, 2000 10:32 pm Page 4 Proceedings include all events. 7:98cv2762 Johnson, et al v. Bonmati, et al CLOSED 7/21/98 8 ORDER (see document for details) .... it is hereby ORDERED as follow; 1) The Johnsons and Fife are hereby appointed lead Plntfs in this action. 2) Lead Plntfs' selection of Lead Counsel for the class is approved. The law firm of Goodkind Labaton Rudoff & Sucharow LLP is appointed Lead Counsel purs. to Sec. 21D(a)(3)(B)(v). So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed (ds) [Entry date 07/22/98] 7/21/98 -- Memo endorsed on motion; granting [5-1] motion for appointment to serve as lead plntfs; approval of their choice of lead counsel; ENDORSEMENT: Motion Granted & Order signed. So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed. (ds) [Entry date 07/22/98] 8/12/98 9 AMENDED COMPLAINT by Wesley D Johnson, Pamela S.T. Johnson , (Answer due 8/25/98 for Norland Medical Syst, for Kurt W Streams, for Reynald G Bonmati ) amending [1-1] complaint against Don Fife; Summons issued. (ds) [Entry date 08/13/98] 9/29/98 10 STIPULATION and ORDER...it is hereby stip. and agreed that the time within which defts shall answer or otherwise move against the amended complaint filed in this action shall be extended through and including 11/2/98. ( signed by Judge Charles L. Brieant ). (ec) [Entry date 09/30/98] 11/2/98 11 STIPULATION and ORDER ....that the time w/in which dfts shall answer or otherwise move against the amended complaint shall be further extended through and including 12/2/98. So Ordered: ( signed by Judge Charles L. Brieant ). (ds) [Entry date 11/03/98] 11/20/98 -- Case Management Conference held before Judge Brieant. Transcript taken by Angela O'Donnell. (ec) [Entry date 11/23/98] 12/17/98 12 NOTICE OF MOTION by Reynald G Bonmati, Kurt W Streams, Norland Medical Syst to dismissing pltfs' amended complaint with prejudice, Return date 1/8/99 (ec) [Entry date 12/18/98] 12/17/98 13 MEMORANDUM by Reynald G Bonmati, Kurt W Streams, Norland Medical Syst in support of [12-1] motion to dismissing pltfs' amended complaint with prejudice (ec) [Entry date 12/18/98] 12/21/98 14 AMENDED NOTICE OF MOTION by Reynald G Bonmati, Kurt W Streams, Norland Medical Syst to dismiss the amended complaint purs. to FRCP 9(b) and 12(b)(6) , no Return date (ds) [Entry date 12/22/98] 1/8/99 15 Transcript of record of proceedings filed for dates of Nov. 20, 1998 (ll) Docket as of August 18, 2000 10:32 pm Page 5 Proceedings include all events. 7:98cv2762 Johnson, et al v. Bonmati, et al CLOSED 1/15/99 16 MEMORANDUM by Wesley D Johnson, Pamela S.T. Johnson, Don Fife in opposition to [14-1] motion to dismiss the amended complaint purs. to FRCP 9(b) and 12(b)(6) (ds) [Entry date 01/21/99] 1/27/99 17 REPLY MEMORANDUM by Reynald G Bonmati, Kurt W Streams, Norland Medical Syst in support re: [14-1] motion to dismiss the amended complaint purs. to FRCP 9(b) and 12(b)(6) (ds) [Entry date 01/28/99] 1/27/99 18 AFFIRMATION of Rachelle M. Barstow by Reynald G Bonmati, Kurt W Streams, Norland Medical Syst Re: [14-1] motion to the amended complaint purs. to FRCP 9(b) and 12(b)(6) (ds) [Entry date 01/28/99] 1/29/99 -- Memorandum to Docket Clerk:Hearing begun and concluded on January 29, 1999 of defendants' motion to dismiss. (Court Reporter:Angela O'Donnell). Judge's Decision:Decision Reserved. (ec) [Entry date 02/01/99] 2/4/99 19 Letter filed to USDJ Brieant from atty Lisa Wager by Reynald G Bonmati, Kurt W Streams, Norland Medical Syst dated Feb. 3, 1999 re brief supplemental submission (ds) 2/9/99 20 Letter filed dated February 9, 1999 to Judge Brieant from atty Robert A. Giallomobardo re we respectfully submit this response to defts' letter brief datd 2/3/99, concerning Norland's purported accounting "errors" and the financial benefits received by Mr. Bonmati as a result of Norland's improper revenue recognition and the inflation of the price of Norland's common stock. (ec) [Entry date 02/10/99] 4/6/99 21 MEMORANDUM & ORDER (see document for details) .... For the foregoing reasons, dfts' motion to dismiss is denied in all respects. (denying [14-1] motion to dismiss the amended complaint purs. to FRCP 9(b) and 12(b)(6)). A case managment plan conf. will be held on 5/7/99 at 9am for the purpose of generating a case managment plan. By resolution of this motion, discovery in this action is no longer stayed. So ordered: ( signed by Judge Charles L. Brieant ); Copies mailed (ds) [Entry date 04/07/99] 4/30/99 22 ANSWER to Complaint by Reynald G Bonmati, Kurt W Streams, Norland Medical Syst (Attorney ) ; Firm of: Morgan Lewis & Bockius, LLP by attorney Lisa Klein Wager for defendant Norland Medical Syst (pf) [Entry date 05/03/99] 4/30/99 23 RULE 1.9 CERTIFICATE filed by Reynald G Bonmati, Kurt W Streams, Norland Medical Syst (pf) [Entry date 05/03/99] Docket as of August 18, 2000 10:32 pm Page 6 Proceedings include all events. 7:98cv2762 Johnson, et al v. Bonmati, et al CLOSED 5/7/99 24 Case Management Plan in a Standard or Complex Case:The case is to be tried to a jury. Motion for class certification to be served and filed on or before June 11, 1999. Interrogatories, if any, to be served by all counsel no later than thirty days from the filing of this order and responses to such interrogatories shall be served within 30 days thereafter. First request for production of documents, if any, to be served no later than thirty days from the filing of this order. Expert interrogatories to be served no later than 30 days following the designation of experts. Requests to Admit, if any, to be served no later than six months after filing of this order. All discovery is to be compelted no later than six months after filing of this order. Dispositive motions, if any, must be served on notice as required by Local Rule 3, and must be returnable before the Court on a published motion day, no later than three weeks before the ready for trial date. Hering on class certification motion and next case management conference July 23, 1999 at 10am. ( signed by Magistrate Judge George A. Yanthis ); Copies mailed. (ec) [Entry date 05/11/99] 6/11/99 25 NOTICE OF MOTION by Wesley D Johnson, Pamela S.T. Johnson, Don Fife for class certification , Return date 7/23/99 (pf) [Entry date 06/14/99] 6/11/99 26 MEMORANDUM OF LAW by Wesley D Johnson, Pamela S.T. Johnson, Don Fife in support of [25-1] motion for class certification (pf) [Entry date 06/14/99] 7/15/99 27 Letter filed addressed to USDJ Brieant from Rachelle M. Barstow, dated July15, 1999, re: request that briefing and oral argument on plaintiffs' class certification motion be rescheduled in accordance with the dates suggested below(see document)... (pf) [Entry date 07/16/99] 8/16/99 28 STIPULATION and ORDER...this stip. and order applies to all confidential information or material, as hereafter defined...(see document for details). ( signed by Judge Charles L. Brieant ). (ec) [Entry date 08/17/99] 10/1/99 29 Letter filed addressed to Judge Brieant from atty Rachelle M. Barstow, dated Sept. 30, 1999, re: I write to request a one month extension on defts' opp and pltf motion for class cert. (ec) 1/3/00 30 Letter filed by Wesley D Johnson, Pamela S.T. Johnson, Don Fife addressed to USDJ Brieant from Joseph Sternberg, dated 1/3/00, re: blanks in the notice to class members will include the following info: request to be reibursed out of stlmt fund $20,583.42, PO Box which will be established for the purpose of recving proofs of claim is PO Box 24626, West Palm Beach, FL 33416 (ds) [Entry date 01/04/00] Docket as of August 18, 2000 10:32 pm Page 7 Proceedings include all events. 7:98cv2762 Johnson, et al v. Bonmati, et al CLOSED 1/4/00 31 Stipulation of Settlement & ORDER This Stipulation of Settlement, dated as of December 23, 1999 (the "Stipulation"), is made and entered into by and among the following parties (as defined in }}hereof) to the above entitiled action: (i) Representative Plaintiffs (on behalf of themselves and each of the other Settlement Class Members), by and through their counsel of record; and (ii) Defendants, by and through their counsel of record. The Stipulation is intended by the Settling Parties to fully, finally and forever resolve, discharge and settle the Released Claims (as defined herein), upon and subject to the terms and conditions (See document for details) So Ordered: . ( signed by Judge Charles L. Brieant ); Copies mailed. (ll) 1/4/00 32 ORDER Preliminarily approving settlement and approving the form and manner of notice. The Court adopts all defined terms as set forth in the Stipulation. The mailing of the Notice and Proof of Claim forms shall be on or before 1-31-2000. Any person falling within the definition of the Settlement Class may, upon request, be excluded from the Settlement. Any such person must submit to the Claims Administrator a request for exclusion, postmarked no later than 3-10-2000. No Settlement Class Member shall be heard at the Settlement Hearing unless such Person has delivered by hand or sent by first class mail a written notice of objection, and grounds for opposing the Settlement, Plan of Allocation, or application for attorneys' fees, costs and expensed, along with proof of membership in the Settlement Class and copies of any papers and briefs such that they are received on or before March 10, 2000 by Jonathan Plasse, Goodkind Labaton Rudogg & Sucharow LLP, 100 Park Ave., NY, NY 10017 and Lisa Klein Wagner, Morgan, Lewis & Bockius LLP, 101 Park Avenue, NY, NY 10178; and filed with the Clerk of the USDC, SDNY on or before March 10, 2000. A Settlement Hearing will be held on March 30, 2000 at 9 AM before this Court in the USDC, SDNY, 300 Quarropas St., White Plains, NY. (See document for all details) So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed. (ll) 1/4/00 -- Memo endorsed on motion; withdrawing [25-1] motion for class certification ...ENDORSEMENT: Motion withdrawnwithout prejudice-Settlement pending notice and hearing. So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed. (pf) [Entry date 01/05/00] 3/23/00 33 AFFIDAVIT of Joseph Sternberg by Wesley D Johnson, Pamela S.T. Johnson, Don Fife in support Re:Proposed Settlement; Plaintiffs' application for an award of attys' fees and reimbursement of reasonable and necessary expenses . (pf) Docket as of August 18, 2000 10:32 pm Page 8 Proceedings include all events. 7:98cv2762 Johnson, et al v. Bonmati, et al CLOSED 3/23/00 34 MEMORANDUM OF LAW by Wesley D Johnson, Pamela S.T. Johnson, Don Fife in support approval of proposed settlement and application for attys' fees and reimbursement of expenses (pf) 3/23/00 35 Compendium of Unreported Decision (pf) 3/30/00 36 DECLARATION of Steven Duddy by Wesley D Johnson, Pamela S.T. Johnson Re:I submit this declaration in order to provide the Court and the parties to the above captioned litigation with the information regarding the publication of the Summary Notice. (ec) 3/30/00 37 Amended AFFIDAVIT of Dawn E. Addazio by Wesley D Johnson, Pamela S.T. Johnson, Don Fife Re:I submit this affidavit in order to provide the Court and the parties to the above captioned litigation with the information regarding the mailing of the Notice of Pendency and Proposed Settlement of Class Action and Proof of Claim and Release form and the publication of the summary notice. (ec) 3/30/00 38 AFFIDAVIT of Jack Amann by Wesley D Johnson, Pamela S.T. Johnson, Don Fife Re:I submit this affidavit in order to provide the Court and the parties to the above-captioned litigation with the information regarding the printing and mailing of the Notice of Pendency and Proposed Settlement of Class Actions and Proof of Claim and Release form (ec) 3/30/00 -- Memorandum to Docket Clerk: Fairness hearing held on 3/30/00. (Ct rptr Mary STaten). Judge's Decision: Court makes oral findings. See transcript. Final Judgment signed. Submitted by: Toni Bravato (ds) 3/30/00 39 ORDER AWARDING ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES: it is Ordered that Class Counsel are awarded attys fees in the amount of 27.5% of the common fund, $467, 500 .00, such fees to be paid out of the Settlement Fund...(see document for further details). So Ordered: . ( signed by Judge Charles L. Brieant ); Copies mailed. (pf) [Entry date 03/31/00] 3/30/00 40 FINAL JUDGMENT AND ORDER OF DISMISSAL... it is hereby Ordered, Adjudged, and Decreed that the Court, for purposes of this Final Judgment and Order of DIsmissal adopts all defined terms as set forth in the Stipulation...(see document for details)...So Ordered: ( signed by Judge Charles L. Brieant ); Mailed copies and notice of right to appeal. Entered On Docket: 3/31/00. (pf) [Entry date 03/31/00] 3/30/00 -- Case closed. (pf) [Entry date 03/31/00] 4/24/00 41 NOTICE of ELECTION TO EXTEND THE TIME FOR ACCEPTING PROOFS OF CLAIM by Wesley D Johnson, Pamela S.T. Johnson, Don Fife Docket as of August 18, 2000 10:32 pm Page 9 Proceedings include all events. 7:98cv2762 Johnson, et al v. Bonmati, et al CLOSED (ds) 5/4/00 42 Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of March 30, 2000. Court Reporter: Mary Staten (pf) 7/20/00 43 Fld:Claimant's Report on Inadequate claim for date for proposed settlement (ec) [Entry date 07/21/00] 8/17/00 44 Letter filed addressed to Mr. Kurtz from Toni Bravato, Courtroom Deputy, dated 07/27/00, re: Claimant's Report - withdrawn. (ad) 8/17/00 45 WITHDRAWAL OF CLAIMANT'S REPORT ON INADEQUATE CLAIMS BAR DATE FOR PROPOSED SETTLEMENT (ad) [Entry date 08/18/00] [END OF DOCKET: 7:98cv2762]