US District Court Civil Docket as of
12/01/2010
Retrieved from the court on December
10, 2010
United States District Court
Northern District of Illinois (Chicago)
CIVIL DOCKET FOR CASE #: 1:04-cv-03530
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Cause: 15:78m(a) Securities
Exchange Act |
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Plaintiff |
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Gladys Petkun |
represented by |
Fay Clayton |
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Plaintiff |
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Douglas Levine |
represented by |
Douglas Levine |
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Defendant |
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Bally Total Fitness Holding
Corporation |
represented by |
Janet Malloy Link |
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Defendant |
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Paul A Toback |
represented by |
Janet Malloy Link |
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Defendant |
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John W Dwyer |
represented by |
Howard Steven Suskin
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Defendant |
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Lee S Hillman |
represented by |
Gregory A Markel |
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Defendant |
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Ernst & Young, LLP |
represented by |
Bradley Joseph Andreozzi
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Date Filed |
# |
Docket Text |
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05/20/2004 |
COMPLAINT; jury demand - Civil
cover sheet - (no summons(es)
issued.) (Documents: (1-1 through 1-2)) (gma)
Modified on 05/21/2004 (Entered: 05/21/2004) |
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05/20/2004 |
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RECEIPT regarding payment of
filing fee paid; on 5/20/04 in the amount of $150.00, receipt #10215214. (gma) (Entered: 05/21/2004) |
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05/21/2004 |
ATTORNEY APPEARANCE for plaintiff
by Fay Clayton, Carl Thomas Bergetz (ntf) (Entered: 05/24/2004) |
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05/21/2004 |
CERTIFICATION by plaintiff;
Notice. (ntf) (Entered: 05/24/2004) |
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07/13/2004 |
ATTORNEY APPEARANCE for Bally
Total Fitness, Paul A Toback by Timothy Bunker
Hardwicke, Erin S. Shaw, Robert Brian Tanner, Amanda Jean Smith (ntf) (Entered: 07/14/2004) |
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07/13/2004 |
JOINT STIPULATION by parties. (ntf) (Entered: 07/22/2004) |
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07/13/2004 |
MOTION by defendants Bally Total
Fitness, Paul A Toback to reassign related cases
pursuant to Local Rule 40.4 (Attachments); Notice (ntf)
(Entered: 07/22/2004) |
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07/13/2004 |
AGREED MOTION by defendants Bally
Total Fitness, Paul A Toback to extend time to
answer or otherwise respond to complaint (Attachments); Notice (ntf) Modified on 07/22/2004 (Entered: 07/22/2004) |
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07/16/2004 |
CORRECTED MOTION by defendants
Bally Total Fitness Holding Corporation, Paul A. Toback
to reassign related cases 04 C 3713, 04 C 3783, 04 C 3844, 04 C 3864, 04 C
3936, 04 C 4125 and 04 C 4342 pursuant to Local Rule 40.4 . (hp) (Entered:
07/19/2004) |
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07/16/2004 |
CORRECTED MOTION by defendants
Bally Total Fitness, Paul A. Toback, plaintiff
Gladys Petkun to extend time to answer or otherwise
respond to plaintiff's complaint ; (Attachments).
(hp) Modified on 07/19/2004 (Entered: 07/19/2004) |
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07/16/2004 |
CORRECTED JOINT STIPULATION by
defendants Bally Total Fitness, Paul A. Toback and
plaintiff regarding [5-1] [6-1]. (hp) (Entered: 07/19/2004) |
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07/19/2004 |
8 |
EXHIBITS A-Q by defendants Bally
Total Fitness, Paul A Toback motion to reassign
related cases 04 C 3713, 04 C 3783, 04 C 3844, 04 C 3864, 04 C 3936, 04 C
4125 and 04 C 4342 pursuant to Local Rule 40.4 [5-1] (ntf)
(Entered: 07/20/2004) |
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07/21/2004 |
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SCHEDULE set on 7/21/04 by Hon.
John F. Grady : Status hearing set to 11:30 on
9/8/04 . No notice (am) (Entered: 07/21/2004) |
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07/21/2004 |
MINUTE ORDER of 7/21/04 by Hon.
John F. Grady : The agreed and corrected agreed motion
to extend time to answer or otherwise respond to complaint [6-1], [11-1] is
granted. The motion and corrected motion to reassign related cases 04 C 3713,
04 C 3783, 04 C 3844, 04 C 3864, 04 C 3936, 04 C 4125 and C 4342 pursuant to
Local Rule 40.4 [5-1], [10-1] is granted. Mailed notice (ntf)
(Entered: 07/22/2004) |
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07/26/2004 |
MOTION by unknown Cosmos Inv Co
LLC for consolidation , for appointment as lead plaintiff and for approval of
lead plaintiff's selection of lead counsel ; Memorandum of law in support;
Notice (ntf) (Entered: 07/27/2004) |
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07/26/2004 |
MOTION by unknown Genesee Co Emp for consolidation of related actions , appointment as
lead plaintiff and approval of selection of lead counsel ; Memorandum of law
in support; Notice (ntf) (Entered: 07/27/2004) |
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07/26/2004 |
MOTION by unknown Earl G Chesson, Richard J Jaffke,
Timothy Weise to consolidate actions , to be appointed lead plaintiffs and
for approval of lead plaintiffs' selection of lead counsel and liaison
counsel ; Memorandum of law in support; (Attachments); Notice (ntf) (Entered: 07/27/2004) |
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07/26/2004 |
MOTION by unknown David Carlton, Dodie Carlton for appointment as lead plaintiff and for
approval of lead plaintiff's selection of lead counsel ; Memorandum of law in
support; (Attachments); Notice (ntf) (Entered: 07/27/2004) |
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07/26/2004 |
MOTION by unknown Sam Pitcher, Sabiheh Sameyah, Shelomoh Sameyah, Marlyn Slenn, Jacob Gerstenfeld for consolidation , appointment as lead
plaintiff and approval of selection of lead counsel and liaison counsel ;
Memorandum of law in support; (Attachments); Notice (ntf)
(Entered: 07/27/2004) |
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07/26/2004 |
DECLARATION of Douglas Risen in
support of motion by the Cosmos Group for consolidation [13-1], motion for
appointment as lead plaintiff and for approval of lead plaintiff's selection
of lead counsel [13-2] (Attachments). (ntf)
(Entered: 07/27/2004) |
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08/03/2004 |
APPLICATION for leave to appear
pro hac vice for Bally Total Fitness, Paul A Toback by Laurie B Smilan;
Order entered granting leave by Hon. John F. Grady (ntf)
(Entered: 08/04/2004) |
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08/03/2004 |
ATTORNEY APPEARANCE for Bally
Total Fitness, Paul A Toback by Laurie B. Smilan. (ntf) (Entered:
08/04/2004) |
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08/10/2004 |
MOTION by defendants Bally Total
Fitness, Paul A Toback to reassign Catherine A. Eads
v. Bally Total fitness Holding Corp et,al.
04cv4697, pursuant to Local Rule 40.4 (Attachments); Notice (ntf) (Entered: 09/08/2004) |
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08/11/2004 |
ATTORNEY APPEARANCE for defendant
John W Dwyer by Howard Steven Suskin, William Denby Heinz, Ryan Stacy Stippich,
Shyni R Varghese. (gma)
(Entered: 08/12/2004) |
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08/12/2004 |
NOTICE by plaintiff of change of
firm name. (jmp) (Entered: 08/16/2004) |
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08/16/2004 |
MEMORANDUM OF LAW by Cosmos
Group's Inv Co LLC in further support of the Cosmos Group's motion for
consolidation, for appointment as lead plaintiff and for approval of lead
plaintiff's selection of lead counsel and in opposition to the other motions
[13-1] (Attachments). (jmm) (Entered: 09/07/2004) |
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08/24/2004 |
ATTORNEY APPEARANCE for unknown
Genesee Co Emp by Jonathan M. Plasse,
Christopher J. Keller, Emily Cornelia Komlossy (ntf) (Entered: 08/25/2004) |
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08/30/2004 |
RESPONSE by defendants Bally Total
Fitness, Paul A Toback to motions for the
appointment as lead plaintiff [16-1], [15-1], [15-2], [14-2], [13-2]
(Attachments). (ntf) (Entered: 08/31/2004) |
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08/31/2004 |
ATTORNEY APPEARANCE for David
Carlton, Dodie Carlton by Laura M. Andracchio, Ramzi Abadou (Attachments). (ntf)
(Entered: 09/01/2004) |
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09/01/2004 |
MINUTE ORDER of 9/1/04 by Hon.
John F. Grady : Defendants' motion to reassign
Catherine A. Eads v. Bally Total fitness Holding Corp et,al.
04cv4697, pursuant to Local Rule 40.4 [27-1] is granted. Telephoned notice (ntf) (Entered: 09/08/2004) |
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09/08/2004 |
MINUTE ORDER of 9/8/04 by Hon.
John F. Grady : Status hearing held. The parties'
motion for consolidation is granted [17-1] and case numbers 04cv3530,
04cv3634, 04cv3713,04cv3783,04c3844,04cv3864,04cv3936,04cv4125,
04cv4342 and 04cv4697 are consolidated for all purposes. Further, these cases
shall be referred as In Re Bally Fitness Securities Litigation. All persons
seeking to be appointed lead plaintiff in these consolidated cases are given
until 09/29/04 to respond to any competing application for appointment;
persons filing competing applications and the defendant Bally are given until
10/13/04 to file their replies Case consolidated 1:04-cv-3530 with member
cases 1:04-cv-3634, 04cv3713, 04cv3783, 04cv3844, 04cv3864,04cv3936,
04cv4125, 04cv4342 and 04cv4697 . Mailed notice (ntf)
(Entered: 09/13/2004) |
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09/13/2004 |
APPLICATION for leave to appear
pro hac vice for David Carlton, Dodie
Carlton by Laura M. Andracchio; Order entered
granting leave by Hon. John F. Grady (ntf)
(Entered: 09/14/2004) |
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09/13/2004 |
APPLICATION for leave to appear
pro hac vice for David Carlton, Dodie
Carlton by Ramzi Abadou ;
Order entered granting leave by Hon. John F. Grady (ntf)
(Entered: 09/14/2004) |
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09/27/2004 |
NOTICE OF VOLUNTARY DISMISSAL OF
CASE by plaintiff pursuant to Rule 41(a)(1); Notice.
(ntf) (Entered: 09/28/2004) |
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09/29/2004 |
MEMORANDUM of law by unknown
Cosmos Inv Co LLC in further support of the Cosmos Group's motion for
appointment as lead plaintiff and for approval of lead plaintiff's selection
of lead counsel [13-2] and in opposition to the other motions (Attachments);
Notice. (ntf) (Entered: 09/30/2004) |
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09/29/2004 |
MEMORANDUM of law by Bally Total
Fitness, Earl G Chesson, Richard Jaffke, Timothy Weise in futher
support of motion to be appointed lead plaintiffs and for approval of lead
plaintiffs' selection of lead counsel and liaison counsel [15-2] and in
opposition to competing motions (Attachments); Notice. (ntf)
(Entered: 09/30/2004) |
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09/29/2004 |
MEMORANDUM of law by unknown
Genesee Co Emp in opposition to competing motions
for appointment as lead plaintiff and approval of selection of lead counsel
(Attachments); Notice. (ntf) (Entered: 09/30/2004) |
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10/13/2004 |
REPLY memorandum by unknown
Genesee Co Emp in further support for its motion
for appointment as lead plaintiff and approval of selection of lead counsel
[14-2]; Notice. (ntf) (Entered: 10/14/2004) |
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10/13/2004 |
REPLY memorandum of law by Cosmos
Inv Co LLC in further support of their motion for appointment as lead
plaintiff and for approval of lead plaintiff's selection of lead counsel
[13-2]; Notice. (ntf) (Entered: 10/19/2004) |
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10/13/2004 |
REPLY memorandum of law by Bally
Total Fitness, Earl G Chesson, Richard J Jaffke, Timothy Weise in furhter
support of their motion to be appointed lead plaintiffs and for approval of
lead plaintiffs' selection lead counsel and liaison counsel [15-2]; Notice. (ntf) (Entered: 10/19/2004) |
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10/14/2004 |
AMENDED reply memorandum by Bally
Total Fitness, Earl G Chesson, Richard J Jaffke, Timothy Weise in further support of motion to be
appointed plaintiffs and for approval of lead plaintiffs' selection lead
counsel and liaison counsel [15-2]; Notice. (ntf)
(Entered: 10/18/2004) |
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11/19/2004 |
MOTION by Bally Total Fitness, Lee
S Hillman, John W Dwyer to transfer and coordinate or consolidate for
pretrial proceedings ; Memorandum in support; (Attachments); Notice (ntf) (Entered: 11/23/2004) |
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02/18/2005 |
TRANSCRIPT of Proceedings before
Judge John F. Grady held on 09/08/04 (Volumes 1). (ntf,
) (Entered: 02/22/2005) |
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02/24/2005 |
ORDER DENYING TRANSFER: It is
therefore ordered that the motion, pursuant to 28 U.S.C. 1407, for
centralization of the actions listed on Schedule A is denied. (ntf, ) Modified on 7/11/2006 (las, ). (Entered: 03/01/2005) |
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03/15/2005 |
NOTICE of Voluntary Dismissal by
plaintiffs pursuant to Rule 41(a)(1); Notice. (ntf, ) (Entered: 03/17/2005) |
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03/15/2005 |
MINUTE entry before Judge John F. Grady : Enter Memorandum Opinion: The motion of the Cosmos
Group for appointment as lead plaintiff is denied in part, to the extent that
it seeks appointment of the Cosmos Group as a whole, and granted in part, to
the extent that the court apoints Cosmos Invesment Company, LLC, managed by Dr. Lokesh Sharma, as lead plaintiff. The court reserves
ruling on the appointment of class counsel. Cosmos is directed to submit a
brief that addresses proposed staffing and attorneys' fees by 04/04/05. If
Bally wishes to comment, it may do so by 04/15/05. The motions of Genesee,
the Carltons, the Chesson
Group, and the Pitcher Group are denied. As status hearing in this case is
set for 4/20/2005 at 10:30 AM. Notice mailed by judge's staff (ntf, ) (Entered: 03/17/2005) |
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03/15/2005 |
MEMORANDUM Opinion and Order
Signed by Judge John F. Grady on 3/15/2005: Notice mailed by judge's staff (ntf, ) (Entered: 03/17/2005) |
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03/29/2005 |
ATTORNEY Appearance for Defendant
Lee S Hillman by Steven L. Bashwiner, Gregory G
Ballard, Gregory A Markel (ntf, ) (Entered:
03/31/2005) |
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04/01/2005 |
MOTION by Defendant Bally Total
Fitness Holding Corporation for coordination regarding related matters (gma, ) (Entered: 04/01/2005) |
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04/01/2005 |
NOTICE of Motion by Robert Brian
Tanner for presentment of MOTION by Defendant Bally Total Fitness Holding
Corporation for coordination regarding related matters 47 before Honorable
John F. Grady on 4/6/2005 at 10:30 AM. (gma, )
(Entered: 04/01/2005) |
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04/01/2005 |
ATTORNEY Appearance for Defendants
Bally Total Fitness Holding Corporation, Paul A Toback
by Robert Walter Tarun (ar,
) (Entered: 04/05/2005) |
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04/04/2005 |
MOTION by Defendant Bally Total
Fitness Holding Corporation to reschedule status conference and to schedule
deadline for filing of consolidated complaint (gma,
) (Entered: 04/04/2005) |
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04/04/2005 |
NOTICE of Motion by Robert Brian
Tanner for presentment of MOTION by Defendant Bally Total Fitness Holding
Corporation to reschedule status conference and to schedule deadline for
filing of consolidated complaint 49 before Honorable
John F. Grady on 4/6/2005 at 10:30 AM. (gma, )
(Entered: 04/04/2005) |
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04/04/2005 |
NOTICE of Voluntary Dismissal
pursuant to Rule 41(a)(1) by Jeffrey M Rosenberg;
Notice. (air, ) (Entered: 04/07/2005) |
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04/04/2005 |
MEMORANDUM of Law by Cosmos
Investment Co. LLC in further support of lead plaintiff's motion for approval
of selection of lead counsel; Notice. (lxs, )
(Entered: 04/07/2005) |
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04/06/2005 |
MINUTE entry before Judge John F. Grady : Defendant's motion for coordination regarding
related matters 47
is taken under advisement. Defendant's motion to reschedule status conference
and to schedule deadline for filing of consolidated complaint 49 is granted.
Status hearing date of 4/20/2005 is reset for 5/4/2005 at 09:30 AM. Mailed
notice (am) (Entered: 04/08/2005) |
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04/19/2005 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback to
reassign Said v. Toback, et al. 05 C 1981 pursuant
to Local Rule 40.4 (gma, ) (Entered: 04/20/2005) |
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04/19/2005 |
NOTICE of Motion by Robert Brian
Tanner for presentment of MOTION by Defendants Bally Total Fitness Holding
Corporation, Paul A Toback to reassign Said v. Toback, et al. 05 C 1981 pursuant to Local Rule 40.4 55 before Honorable
John F. Grady on 4/27/2005 at 10:30 AM. (gma, )
(Entered: 04/20/2005) |
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04/19/2005 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback to
withdraw appearance of Timothy B. Hardwicke and to designate new attorney for
notice (gma, ) (Entered: 04/20/2005) |
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04/19/2005 |
NOTICE of Motion by Robert Brian
Tanner for presentment of MOTION by Defendants Bally Total Fitness Holding
Corporation, Paul A Toback to withdraw appearance
of Timothy B. Hardwicke and to designate new attorney for notice 57 before Honorable
John F. Grady on 4/27/2005 at 10:30 AM. (gma, )
(Entered: 04/20/2005) |
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04/19/2005 |
SUPPLEMENTAL MOTION by Defendants
Bally Total Fitness Holding Corporation, Paul A Toback
for coordination of related matters (gma, ) Modified on 11/14/2006 (las,
). (Entered: 04/20/2005) |
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04/19/2005 |
NOTICE of Motion by Robert Brian
Tanner for presentment of SUPPLEMENTAL MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback for
coordination of related matters 59 before Honorable
John F. Grady on 4/27/2005 at 10:30 AM. (gma, ) . Modified on 11/14/2006 (las, ). (Entered: 04/20/2005) |
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04/22/2005 |
NOTICE by John W Dwyer of
withdrawal of counsel; Notice. (ntf, ) (Entered:
04/27/2005) |
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04/27/2005 |
MINUTE entry before Judge John F. Grady : Defendants Bally's supplemental motion for
coordination of related matters 59 is entered and
continued to 5/4/2005 at 9:30 a.m. John Dwyer's motion for withdrawal of Ryan
S. Stippich as counsel is granted. Defendants'
motion to withdraw appearance of Timothy B. Hardwicke and designate Robert W.
Tarun as new attorney for notice 57 is granted.
Defendants' motion to reassign Said v Toback etal, 05 C 1981 pursuant to local rule 40.4 55 is denied. (ntf, ) (Entered: 04/28/2005) |
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04/28/2005 |
ATTORNEY Appearance for Defendant
Lee S Hillman by Dawn Marie Canty, Mary Ellen Hennessy
(ntf, ) (Entered: 05/09/2005) |
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05/23/2005 |
MINUTE entry before Judge John F.
Grady: Enter Order: It is hereby ordered that Sherrie R. Savett
of Berger & Montague is appointed lead counsel on behalf of lead
plaintiff Cosmos and the putative class, and Carol V. Gilden
of Much Shelist, Freed, Denenberg,
Ament & Rubestein P.C. is appointed local counsel. Plaintiff's
counsel may supplement the list of attorneys working on the case as
necessary. The consolidated amended complaint to be filed 60 days after the
date that Bally Total Fitness Holding Corporation file a restatement with the
SEC; responsive pleadings due 60 days thereafter. If motions to dismiss are
filed, plaintiff's response due within 60 days; defendants' reply due 30 days
later. Mailed notice (ntf, ) (Entered: 06/06/2005) |
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05/23/2005 |
ORDER Signed by Judge John F.
Grady on 5/23/2005:Mailed notice(ntf, ) (Entered:
06/06/2005) |
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05/24/2005 |
APPLICATION for Leave to Appear
Pro Hac Vice on behalf of Cosmos Investment Co. LLC
by Douglas M Risen; Order entered granting leave by Charles R. Norgle Sr.. Filing fee $ 50 paid, receipt number 10327920
(ntf, ) (Entered: 06/01/2005) |
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05/24/2005 |
APPLICATION for Leave to Appear
Pro Hac Vice on behalf of Cosmos Investment Co. LLC
by Sherrie R. Savett; Order entered granting leave
by Charles R. Norgle Sr.. Filing fee $ 50 paid,
receipt number 10327920 (ntf, ) (Entered:
06/01/2005) |
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05/24/2005 |
ATTORNEY Appearance for Unknown
Cosmos Investment Co. LLC by Douglas M Risen, Sherrie R. Savett
(ntf, ) (Entered: 06/02/2005) |
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05/26/2005 |
NOTICE by plaintiff of withdrawal
of counsel. (ntf, ) Modified on 6/7/2005 (ntf, ). (Entered: 05/31/2005) |
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05/31/2005 |
ATTORNEY Appearance for Defendant John
W Dwyer by Ross M Rosenberg (ntf, ) (Entered:
06/02/2005) |
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06/02/2005 |
NOTICE by plaintiffs of withdrawal
of counsel; Notice. (ntf, ) Modified on 6/7/2005 (ntf, ). (Entered: 06/07/2005) |
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06/13/2005 |
TRANSCRIPT of Proceedings before
Judge John F. Grady held on 04/04/05 (Volumes 1). (ntf,
) (Entered: 06/14/2005) |
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09/14/2005 |
MINUTE entry before Judge John F. Grady : Status hearing set for 9/28/2005 at 09:30 AM.
Mailed notice (am) (Entered: 09/14/2005) |
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09/28/2005 |
MINUTE entry before Judge John F. Grady : ENTER ORDER: Status hearing held and continued to
January 25, 2006 at 9:30 a.m. to discuss the motions to dismiss and the most
appropriate way to handle them. Bally to file its restatement by November 30,
2005. Plaintiffs shall file a consolidated amended complaint by December 30,
2005 (whether or not a restatement has been filed by Bally). Defendants may
have until January 23, 2006 to file a motion or motions to dismiss the
consolidated amended complaint. Mailed notice (ntf,
) (Entered: 09/29/2005) |
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09/28/2005 |
ORDER Signed by Judge John F.
Grady on 9/28/2005:Mailed notice(ntf, ) (Entered:
09/29/2005) |
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12/30/2005 |
DUPLICATE FILING of document
number 77 (Gilden, Carol). Modified on 1/4/2006 (jmp, ). Additional attachment(s)
added on 1/4/2006 (jmp, ).
(Entered: 12/30/2005) |
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01/03/2006 |
CONSOLIDATED AMENDED complaint by Cosmos Investment Co. LLC against
all defendants and additional defendant, ERNST & YOUNG, LLP (Gilden, Carol) (Entered: 01/03/2006) |
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01/03/2006 |
NOTICE of Correction regarding
amended complaint 76
. The entry is a duplicate of entry no. 77. (jmp, )
(Entered: 01/04/2006) |
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01/03/2006 |
SUMMONS Issued, original and one
copy as to Defendant Ernst & Young, LLP. (jmm,
) (Entered: 01/05/2006) |
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01/10/2006 |
SUMMONS Returned Executed as to
Ernst & Young, LLP on 1/5/2006, answer due
1/25/2006. (eav, ) (Entered: 01/13/2006) |
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01/13/2006 |
ATTORNEY Appearance for Defendant
Bally Total Fitness Holding Corporation by Michael James Faris
(Faris, Michael) (Entered: 01/13/2006) |
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01/13/2006 |
ATTORNEY Appearance for Defendants
Bally Total Fitness Holding Corporation, Paul A Toback
by Janet Malloy Link (Link, Janet) (Entered: 01/13/2006) |
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01/13/2006 |
ATTORNEY Appearance for Defendant
Paul A Toback by Michael James Faris
(Faris, Michael) (Entered: 01/13/2006) |
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01/13/2006 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback for
leave to file Memorandum in Excess of 15 Pages (Faris,
Michael) (Entered: 01/13/2006) |
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01/13/2006 |
NOTICE of Motion by Michael James Faris for presentment of motion for leave to file 83 before Honorable
John F. Grady on 1/18/2006 at 10:30 AM. (Faris,
Michael) (Entered: 01/13/2006) |
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01/13/2006 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback, John W
Dwyer, Lee S Hillman for extension of time to File Motions to Dismiss the
Consolidated Class Action Complaint [Unopposed] (Faris,
Michael) (Entered: 01/13/2006) |
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01/13/2006 |
NOTICE of Motion by Michael James Faris for presentment of motion for extension of time 85 before Honorable
John F. Grady on 1/18/2006 at 10:30 AM. (Faris,
Michael) (Entered: 01/13/2006) |
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01/13/2006 |
MOTION by Defendant Ernst &
Young, LLP for extension of time, MOTION by Defendant Ernst & Young, LLP
for leave to file excess pages (Parzen, Stanley)
(Entered: 01/13/2006) |
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01/13/2006 |
NOTICE of Motion by Stanley J. Parzen for presentment of motion for extension of time,
motion for leave to file excess pages 87 before Honorable
John F. Grady on 1/18/2006 at 10:30 AM. (Parzen,
Stanley) (Entered: 01/13/2006) |
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01/13/2006 |
ATTORNEY Appearance for Defendant
Ernst & Young, LLP by Stanley J. Parzen (Parzen, Stanley) (Entered: 01/13/2006) |
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01/13/2006 |
ATTORNEY Appearance for Defendant
Ernst & Young, LLP by Jeffrey Alan Berger (Berger, Jeffrey) (Entered:
01/13/2006) |
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01/17/2006 |
ATTORNEY Appearance for Defendant
Ernst & Young, LLP by Brian J. Massengill. (jmm, ) (Entered: 01/20/2006) |
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01/18/2006 |
MINUTE entry before Judge John F. Grady : The unopposed motion of defendants Bally Total
Fitness Holding Corporation and Paul A Toback for
leave to file memorandum in excess of 15 pages 83 is granted. The
unopposed motion of defendants Bally Total Fitenss
Holding Corporation, Paul A. Toback, Lee S. Hillman
and John W. Dwyer for extension of (until 2/24/2006) time to file motions to
dismiss the consolidated class action complaint 85 is granted. The
unopposed motion of defendant Ernst & Young LLP for extension of time and
for extension of page limit 87 is granted.
Status hearing date of 1/25/2006 is reset to 3/8/2006 at 9:30 a.m. Mailed
notice (am, ) (Entered: 01/23/2006) |
|
|
01/18/2006 |
|
Set/Reset Hearings Status hearing
set for 3/8/2006 at 09:30 AM. (am) (Entered: 03/01/2006) |
|
02/24/2006 |
MOTION by Defendant Lee S Hillman
to dismiss the consolidated class action complaint. (Bashwiner, Steven) (Entered: 02/24/2006) |
|
|
02/24/2006 |
NOTICE of Motion by Steven L. Bashwiner for presentment of motion to dismiss 94 before Honorable
John F. Grady on 3/8/2006 at 10:30 AM. (Bashwiner,
Steven) (Entered: 02/24/2006) |
|
|
02/24/2006 |
MEMORANDUM by Lee S Hillman in
Support of motion to dismiss 94 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Bashwiner, Steven) (Entered: 02/24/2006) |
|
|
02/24/2006 |
MOTION by Defendant John W Dwyer
to dismiss Plaintiffs' Consolidated Class Action Complaint (Suskin, Howard) (Entered: 02/24/2006) |
|
|
02/24/2006 |
NOTICE of Motion by Howard Steven Suskin for presentment of motion to dismiss 97 before Honorable
John F. Grady on 3/8/2006 at 09:30 AM. (Suskin,
Howard) (Entered: 02/24/2006) |
|
|
02/24/2006 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback to
dismiss Consolidated Complaint (Attachments: # 1 Certificate of
Service)(Faris, Michael) (Entered: 02/24/2006) |
|
|
02/24/2006 |
NOTICE of Motion by Michael James Faris for presentment of motion to dismiss 99 before Honorable
John F. Grady on 3/8/2006 at 10:30 AM. (Faris,
Michael) (Entered: 02/24/2006) |
|
|
02/24/2006 |
MOTION by Defendant Ernst &
Young, LLP to dismiss the Consolidated Class Action Complaint (Parzen, Stanley) (Entered: 02/24/2006) |
|
|
02/24/2006 |
NOTICE of Motion by Stanley J. Parzen for presentment of motion to dismiss 101 before
Honorable John F. Grady on 3/8/2006 at 09:30 AM. (Parzen,
Stanley) (Entered: 02/24/2006) |
|
|
02/24/2006 |
MEMORANDUM by Ernst & Young,
LLP in Support of motion to dismiss 101 (Parzen, Stanley) (Entered: 02/24/2006) |
|
|
02/24/2006 |
DECLARATION of Jeffrey A. Berger
regarding motion to dismiss 101 by Ernst &
Young, LLP (Attachments: # 1 Exhibit A)(Parzen, Stanley) (Entered: 02/24/2006) |
|
|
02/24/2006 |
MEMORANDUM by Bally Total Fitness
Holding Corporation, Paul A Toback in Support of
motion to dismiss 99
Consolidated Class Action Complaint (Attachments: # 1 Declaration # 2 Exhibit 1 - 14# 3 Exhibit 15 - 23# 4 Exhibit 24 Part
1# 5 Exhibit 24
Part 2# 6
Exhibit 25 - 26)(Faris, Michael) (Entered:
02/24/2006) |
|
|
02/28/2006 |
ATTORNEY Appearance for Defendant
Ernst & Young, LLP by Bradley Joseph Andreozzi
(Andreozzi, Bradley) (Entered: 02/28/2006) |
|
|
03/06/2006 |
STIPULATION (Joint Stipulation
as to Briefing Schedule on Motions to Dismiss) (Faris,
Michael) (Entered: 03/06/2006) |
|
|
03/07/2006 |
MINUTE entry before Judge John F.
Grady: The effect of the court's Order of May 23, 2005, which directed the
parties to use their best efforts to coordinate relevant discovery in this
case with any discovery that takes place in five other cases involving the
same subject matter (following a decision on motions to dismiss), in effect
granted defendants' motions to order coordinated discovery. Accordingly, to
clarify the record, Bally's motion for coordination regarding related matters
47 and Bally and
Toback's supplemental motion for coordination of
related matters 59
are granted. Mailed notice (jmm, ) (Entered:
03/08/2006) |
|
|
03/08/2006 |
MINUTE entry before Judge John F.
Grady: By stipulation of parties, plaintiff's response(s) to defendants'
motion to dismiss to be filed on or before April 10, 2006; replies to such
response(s) to be filed on or before May 10, 2006. There will be no
extensions of this briefing schedule due to settlement negotiations. Mailed
notice (jmm, ) (Entered: 03/09/2006) |
|
|
03/30/2006 |
MOTION Motion
for a Finding of Relatedness (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit c# 4 Exhibit d)(Miller,
Marvin) (Entered: 03/30/2006) |
|
|
03/30/2006 |
NOTICE of Motion by Marvin Alan
Miller for presentment of motion for miscellaneous relief 110 before Honorable
John F. Grady on 4/12/2006 at 10:30 AM. (Miller, Marvin) (Entered:
03/30/2006) |
|
|
04/05/2006 |
STATEMENT by Defendant Ernst &
Young, LLP MOTION Motion for a Finding of
Relatedness 110 Statement
of Non-Objection to Plaintiffs' Motion for a Finding of Relatedness (Parzen, Stanley) (Entered: 04/05/2006) |
|
|
04/10/2006 |
MEMORANDUM by Cosmos Investment
Co. LLC in Opposition to motion to dismiss 94 , motion to
dismiss 99 ,
motion to dismiss 97
Plaintiff's Response in Opposition to the Bally Defendants' Motions to
Dismiss the Consolidated Class Action Complaint and Certificate of Service
(Gilden, Carol) (Entered: 04/10/2006) |
|
|
04/10/2006 |
MEMORANDUM by Cosmos Investment
Co. LLC in Opposition to motion to dismiss 101 Plaintiff's
Response in Opposition to Defendant Ernst & Young LLP's Motion to Dismiss
the Consolidated Class Action Complaint (Attachments: # 1 Declaration of
Jon Lambiras - Part 1 of 2# 2 Declaration of Jon
Lambiras Part 2 of 2)(Gilden,
Carol) (Entered: 04/10/2006) |
|
|
04/12/2006 |
MINUTE entry before Judge John F. Grady : Plaintiff's motion for a Finding of Relatedness 110 is granted. On
the defendants' pending motions to dismiss, the time for filing their replies
in support is extended until 5/24/2006. Mailed notice (am) Modified on
4/17/2006 (am, ). Modified on 4/17/2006 (am, ). (Entered: 04/17/2006) |
|
|
04/24/2006 |
ATTORNEY Appearance for plaintiff
and the Class Cosmos Investment Co. LLC by Jon Lambiras
(hp, ) (Entered: 04/26/2006) |
|
|
04/24/2006 |
ATTORNEY Appearance for Plaintiff
and the Class Cosmos Investment Co. LLC by Glen L. Abramson (hp, ) (Entered:
04/26/2006) |
|
|
04/24/2006 |
APPLICATION for Leave to Appear
Pro Hac Vice on behalf of Cosmos Investment Co. LLC
by Jon Lambiras; Order entered granting leave by
John F. Grady. Filing fee $50.00 paid, receipt number 1111976 (hp, )
(Entered: 04/27/2006) |
|
|
04/26/2006 |
APPLICATION for Leave to Appear
Pro Hac Vice on behalf of Cosmos Investment Co. LLC
by Glen L. Abramson; Order entered granting leave by John F. Grady. Filing
fee $50.00 paid, receipt number 1111977 (hp, ) (Entered: 04/27/2006) |
|
|
05/01/2006 |
MOTION by Defendant Bally Total
Fitness Holding Corporation for order Unopposed Motion Regarding
Scheduling (Faris, Michael) (Entered:
05/01/2006) |
|
|
05/01/2006 |
NOTICE of Motion by Michael James Faris for presentment of motion for order 120 before Honorable
John F. Grady on 5/3/2006 at 10:30 AM. (Faris,
Michael) (Entered: 05/01/2006) |
|
|
05/03/2006 |
MINUTE entry before Judge John F. Grady : Defendant Bally Total Fitness Holding Corp.'s
unopposed motion regarding scheduling 120 is granted. The
schedule for defendants' replies to the motions to dismiss in consolidated
case no. 04 C 4530 remains as currently scheduled for May 24, 2006.
Defendants have until May 24, 2006 to answer, move to dismiss, or otherwise
plead in response to the complaint filed by plaintiff Levine in case no. 06 C
1437. Mailed notice (am) (Entered: 05/08/2006) |
|
|
05/22/2006 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback for
leave to file excess pages (Faris, Michael)
(Entered: 05/22/2006) |
|
|
05/22/2006 |
NOTICE of Motion by Michael James Faris for presentment of motion for leave to file excess
pages 123 before
Honorable John F. Grady on 5/24/2006 at 10:30 AM. (Faris,
Michael) (Entered: 05/22/2006) |
|
|
05/24/2006 |
REPLY by Defendant Lee S Hillman
to motion to dismiss 94
(Attachments: # 1
Notice of Filing and Certificate of Service)(Bashwiner,
Steven) (Entered: 05/24/2006) |
|
|
05/24/2006 |
REPLY by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback to
motion to dismiss 99
consolidated class action complaint (Faris,
Michael) (Entered: 05/24/2006) |
|
|
05/24/2006 |
MOTION by Defendant Ernst &
Young, LLP for leave to file Memorandum in Excess of 15 Pages Instanter (Parzen, Stanley)
(Entered: 05/24/2006) |
|
|
05/24/2006 |
MEMORANDUM by Ernst & Young,
LLP in Support of motion to dismiss 101 (Parzen, Stanley) (Entered: 05/24/2006) |
|
|
05/24/2006 |
REPLY by John W Dwyerin Support of MOTION by Defendant John W Dwyer to
dismiss Plaintiffs' Consolidated Class Action Complaint 97 (Suskin, Howard) (Entered: 05/24/2006) |
|
|
05/24/2006 |
MINUTE entry before Judge John F. Grady : The motion by Defendants Bally Total Fitness
Holding Corporation, Paul A Toback for leave to
file excess pages 123
is granted. The motion by Defendant Ernst & Young, LLP for leave to file
Memorandum in Excess of 15 Pages Instanter 127 is granted.
Mailed notice (am) (Entered: 05/25/2006) |
|
|
06/12/2006 |
MOTION by Unknown Cosmos
Investment Co. LLC to file instanter its
Sur-Reply in Further Opposition to Defendant Ernst & Young LLP's Motion
to Dismiss the Consolidated Class Action Complaint (Gilden,
Carol) (Entered: 06/12/2006) |
|
|
06/12/2006 |
NOTICE of Motion by Carol V Gilden for presentment of motion to file instanter 131 before
Honorable John F. Grady on 6/14/2006 at 10:30 AM. (Gilden,
Carol) (Entered: 06/12/2006) |
|
|
06/13/2006 |
MEMORANDUM by Ernst & Young,
LLP in Opposition to motion to file instanter 131 Plaintiffs' Surreply (Parzen, Stanley)
(Entered: 06/13/2006) |
|
|
06/13/2006 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback to
withdraw as attorney R. Brian Tanner (Tanner, Robert) (Entered:
06/13/2006) |
|
|
06/13/2006 |
NOTICE of Motion by Robert Brian
Tanner for presentment of motion to withdraw as attorney 134 before
Honorable John F. Grady on 6/21/2006 at 10:30 AM. (Tanner, Robert) (Entered:
06/13/2006) |
|
|
06/14/2006 |
MINUTE entry before Judge John F. Grady : The motion by plaintiffs to file instanter its Sur-Reply in Further Opposition to
Defendant Ernst & Young LLP's Motion to Dismiss the Consolidated Class
Action Complaint 131
is granted over the objection of defendant, Ernst & Young; any response
to the sur-reply due by 6/26/2006. Mailed notice
(am) (Entered: 06/14/2006) |
|
|
06/21/2006 |
MINUTE entry before Judge John F. Grady : Attorney R. Brian Tanner's motion to withdraw as
attorney for the defendants 134 is granted.
Attorney Robert Brian Tanner terminated. Mailed notice (am) (Entered:
06/22/2006) |
|
|
06/26/2006 |
SUR-REPLY by Defendant Ernst &
Young, LLP to motion to dismiss 101 Sur-Sur-Reply
Memorandum In Support (Parzen, Stanley)
(Entered: 06/26/2006) |
|
|
07/12/2006 |
MINUTE entry before Judge John F.
Grady : ENTER MEMORANDUM OPINION: The following motions to dismiss the
consolidated class action complaint are granted: (1) the motion of Lee S.
Hellman 94 ; (2)
the motion of John W. Dwyer 97 ; (3) the motion
of Bally Total Fitness Holding Corporation and Paul A. Toback
99 ; and (4) the
motion of Ernst & Young, LLP 101 . The
consolidated class action complaint is dismissed without prejudice.
Plaintiffs may file an amended consolidated class action complaint by August
14 2006. A status hearing is set for September 13, 2006 at 10:00 a.m. Mailed
notices (gcy, ) (Entered: 07/14/2006) |
|
|
07/12/2006 |
MEMORANDUM OPINION Signed by Judge
John F. Grady on 7/12/2006:(gcy, ) (Entered:
07/14/2006) |
|
|
07/13/2006 |
MOTION by Plaintiff Douglas Levine
for extension of time Plaintiff's Motion for One Week Extension to File
Response on Motion to Dismiss and For Leave to File Combined Response
Memorandum in Excess of 15 Pages (Miller, Marvin) (Entered: 07/13/2006) |
|
|
07/13/2006 |
NOTICE of Motion by Marvin Alan
Miller for presentment of motion for extension of time 139 before
Honorable John F. Grady on 7/19/2006 at 10:30 AM. (Miller, Marvin) (Entered:
07/13/2006) |
|
|
07/14/2006 |
RESPONSE by Ernst & Young, LLP
in Opposition to MOTION by Plaintiff Douglas Levine for extension of time Plaintiff's
Motion for One Week Extension to File Response on Motion to Dismiss and For
Leave to File Combined Response Memorandum in Excess of 15 Pages 139 (Parzen, Stanley) (Entered: 07/14/2006) |
|
|
08/14/2006 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback to
withdraw attorney appearance 4 of Erin S.
Shaw (Shaw, Erin) (Entered: 08/14/2006) |
|
|
08/14/2006 |
NOTICE of Motion by Erin S. Shaw
for presentment of motion to withdraw, motion for relief 144 before
Honorable John F. Grady on 9/6/2006 at 10:30 AM. (Shaw, Erin) (Entered:
08/14/2006) |
|
|
08/14/2006 |
AMENDED complaint by Cosmos
Investment Co. LLC against all defendants (Attachments: # 1 Certificate of
Service)(Abramson, Glen) (Entered: 08/14/2006) |
|
|
08/21/2006 |
STIPULATION AND ORDER --
Stipulated and proposed briefing schedule to the motions to dismiss the
Amended Consolidated Complaint (Faris, Michael)
(Entered: 08/21/2006) |
|
|
09/05/2006 |
MINUTE entry before Judge John F. Grady : Motion to withdraw 144 is granted.
Erin S. Shaw is given leave to withdraw. Mailed/Telephoned notice (jlj, ) (Entered: 09/05/2006) |
|
|
09/08/2006 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback Agreed
Motion for Entry of Stipulation and Order (Faris,
Michael) (Entered: 09/08/2006) |
|
|
09/08/2006 |
NOTICE of Motion by Michael James Faris for presentment of motion for miscellaneous relief 149 before
Honorable John F. Grady on 9/13/2006 at 10:00 AM. (Faris,
Michael) (Entered: 09/08/2006) |
|
|
09/12/2006 |
MINUTE entry before Judge John F. Grady : Motion 149 is granted.
Motion hearing set for 09/13/06 stricken. Status hearing set for 09/13/06
stricken. Defendants' motions to dismiss to be filed on or before 09/28/06.
Responses due by 11/14/2006; Replies due by 12/5/2006. Mailed/Telephoned
notice (jlj, ) (Entered: 09/12/2006) |
|
|
09/12/2006 |
MINUTE entry before Judge John F. Grady : Enter Joint Stipulation and Order. Defendants'
motion to dismiss shall be filed on or before 09/28/2006. Lead plaintiffs'
response to defendants' motion to dismiss to be filed on or before 11/14/06.
Replies due by 12/05/06. (For further detail see separate order). Mailed notice
(ar, ) (Entered: 09/14/2006) |
|
|
09/12/2006 |
JOINT Stipulation and Order, signed
by Judge John F. Grady on 9/12/2006 152 . Mailed notice(ar, ) Modified on
9/14/2006 (ar, ). (Entered: 09/14/2006) |
|
|
09/28/2006 |
MOTION by Defendant Lee S Hillman
to dismiss the Amended Consolidated Class Action Complaint.
(Attachments: # 1
Notice of Filing)(Bashwiner, Steven) (Entered:
09/28/2006) |
|
|
09/28/2006 |
MEMORANDUM by Lee S Hillman in
Support of motion to dismiss 154 (Attachments: #
1 Exhibit A -
1999 Form 10-K# 2
Exhibit B - 2000 Form 10-K# 3 Errata C - 2001
Form 10-K# 4
Exhibit D - Fit Tech v. Bally Opinion# 5 Exhibit E -
12/11/2002 Press Release)(Bashwiner, Steven)
(Entered: 09/28/2006) |
|
|
09/28/2006 |
MOTION by Defendant John W Dwyer
to dismiss Plaintiff's Amended Consolidated Class Action Complaint (Suskin, Howard) (Entered: 09/28/2006) |
|
|
09/28/2006 |
NOTICE by John W Dwyer re MOTION
by Defendant John W Dwyer to dismiss Plaintiff's Amended Consolidated
Class Action Complaint 156 (Suskin, Howard) (Entered: 09/28/2006) |
|
|
09/28/2006 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback to
dismiss amended consolidated class action complaint (Faris, Michael) (Entered: 09/28/2006) |
|
|
09/28/2006 |
NOTICE of Motion by Michael James Faris for presentment of motion to dismiss 158 before
Honorable John F. Grady on 10/4/2006 at 10:30 AM. (Faris,
Michael) (Entered: 09/28/2006) |
|
|
09/28/2006 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback for
leave to file excess pages to Memorandum in Support of Motion to Dismiss
Amended Consolidated Class Action Complaint (Faris,
Michael) (Entered: 09/28/2006) |
|
|
09/28/2006 |
NOTICE of Motion by Michael James Faris for presentment of motion for leave to file excess
pages 160 before
Honorable John F. Grady on 10/4/2006 at 10:30 AM. (Faris,
Michael) (Entered: 09/28/2006) |
|
|
09/28/2006 |
MOTION by Defendant Ernst &
Young, LLP to dismiss The Amended Consolidated Class Action Complaint,
Doc. #146-1. (Parzen, Stanley) (Entered:
09/28/2006) |
|
|
09/28/2006 |
MEMORANDUM by Ernst & Young,
LLP in Support of motion to dismiss 162 The Amended
Consolidated Class Action Complaint, Doc. #146-1. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Parzen, Stanley) (Entered: 09/28/2006) |
|
|
09/28/2006 |
MOTION by Defendant Ernst &
Young, LLP for leave to file Instanter
Memorandum In Excess of 15 Pages, Doc. #163 (Unopposed) (Parzen, Stanley) (Entered: 09/28/2006) |
|
|
09/28/2006 |
NOTICE of Motion by Stanley J. Parzen for presentment of motion for leave to file 164 before
Honorable John F. Grady on 10/4/2006 at 10:30 AM. (Parzen,
Stanley) (Entered: 09/28/2006) |
|
|
10/04/2006 |
EXHIBIT by Defendant Lee S Hillman
(Amended Exhibit E) regarding memorandum in support, 155 (Attachments: #
1 Notice of
Filing)(Bashwiner, Steven) (Entered: 10/04/2006) |
|
|
10/04/2006 |
MINUTE entry before Judge John F. Grady : Motion for leave to file excess pages 160 is granted.
Motion for leave to file 164 is granted.
telephoned notice (jlj, ) (Entered: 10/04/2006) |
|
|
10/05/2006 |
MEMORANDUM by Bally Total Fitness
Holding Corporation, Paul A Toback in Support of
motion to dismiss 162
Amended Consolidated Class Action Complaint (Faris,
Michael) (Entered: 10/05/2006) |
|
|
11/14/2006 |
MOTION by Unknown Cosmos
Investment Co. LLC for leave to file excess pages (Abramson, Glen) (Entered:
11/14/2006) |
|
|
11/14/2006 |
NOTICE of Motion by Glen L.
Abramson for presentment of motion for leave to file excess pages 169 before
Honorable John F. Grady on 11/22/2006 at 10:30 AM. (Abramson, Glen) (Entered:
11/14/2006) |
|
|
11/14/2006 |
MEMORANDUM by Cosmos Investment
Co. LLC in Opposition to motion to dismiss 154 , motion to
dismiss 158 ,
motion to dismiss 156
Amended Complaint (Abramson, Glen) (Entered: 11/14/2006) |
|
|
11/14/2006 |
MEMORANDUM by Cosmos Investment
Co. LLC in Opposition to motion to dismiss 162 Amended
Complaint (Abramson, Glen) (Entered: 11/14/2006) |
|
|
11/14/2006 |
DECLARATION of Jon Lambiras regarding memorandum in opposition to motion 172 by Cosmos
Investment Co. LLC in support of memorandum in opposition to Ermst & Young's Motion to Dismiss (Attachments: #
1 Exhibit A# 2 Exhibit B - Part
1 of 3# 3
Exhibit B - Part 2 of 3# 4 Exhibit B - Part
3 of 3# 5
Exhibit C# 6
Exhibit D# 7
Exhibit E)(Abramson, Glen) (Entered: 11/14/2006) |
|
|
11/21/2006 |
MINUTE entry before Judge John F. Grady : Motion for leave to file excess pages 169 is granted.
Hearing set for 11/22/06 stricken. Mailed notice (jlj,
) (Entered: 11/21/2006) |
|
|
11/27/2006 |
MOTION by Plaintiffs Gladys Petkun, Douglas Levine, Defendants Bally Total Fitness
Holding Corporation, Paul A Toback, John W Dwyer,
Lee S Hillman, Ernst & Young, LLP to set a briefing schedule -- Agreed
Motion for Entry of Joint Stipulation and Order (Faris,
Michael) (Entered: 11/27/2006) |
|
|
11/27/2006 |
STIPULATION regarding motion by
filer to set a briefing schedule, 175 (Faris, Michael) (Entered: 11/27/2006) |
|
|
11/27/2006 |
NOTICE of Motion by Michael James Faris for presentment of motion by filer to set a
briefing schedule, 175
before Honorable John F. Grady on 11/29/2006 at 10:30 AM. (Faris, Michael) (Entered: 11/27/2006) |
|
|
11/29/2006 |
MINUTE entry before Judge John F. Grady : Agreed motion for entry of joint stipulation and
order. Enter joint stipulation and order 175 . Mailed notice
(gej, ) (Entered: 12/04/2006) |
|
|
11/29/2006 |
JOINT STIPULATION and Order Signed
by Judge John F. Grady on 11/29/2006.(gej, )
(Entered: 12/04/2006) |
|
|
11/30/2006 |
MEMORANDUM by Cosmos Investment
Co. LLC in Opposition to motion to dismiss 154 , motion to
dismiss 158 ,
motion to dismiss 156
filed pursuant to Plaintiff's Motion filed on 11/14/06 [Docket Entries
169-173] and Court's Order dated 11/21/06 [Docket Entry 174] (Gilden, Carol) (Entered: 11/30/2006) |
|
|
11/30/2006 |
MEMORANDUM by Cosmos Investment
Co. LLC in Opposition to motion to dismiss 162 filed
pursuant to Plaintiff's Motion filed on 11/14/06 [Docket Entries 169-173] and
Court's Order dated 11/21/06 [Docket Entry 174] (Gilden,
Carol) (Entered: 11/30/2006) |
|
|
11/30/2006 |
AFFIDAVIT by Unknown Cosmos
Investment Co. LLC in Support of MOTION by Defendant Ernst & Young, LLP
to dismiss The Amended Consolidated Class Action Complaint, Doc. #146-1.
162 filed
pursuant to Plaintiff's Motion filed on 11/14/06 [Docket Entries 169-173] and
Court's Order dated 11/21/06 [Docket Entry 174] (Attachments: # 1 Exhibit A# 2 Exhibit B - Part
1# 3 Exhibit B -
Part 2# 4
Exhibit B - Part 3# 5
Exhibit C# 6
Exhibit D# 7
Exhibit E)(Gilden, Carol) (Entered: 11/30/2006) |
|
|
12/19/2006 |
MEMORANDUM by Lee S Hillman in
support of motion to dismiss 154 (Attachments: #
1 Notice of Filing
# 2 Exhibit A# 3 Exhibit B)(Bashwiner, Steven) (Entered: 12/19/2006) |
|
|
12/19/2006 |
REPLY by John W Dwyer to
memorandum in opposition to motion 171 (Attachments: #
1 Exhibit A)(Suskin, Howard) (Entered: 12/19/2006) |
|
|
12/19/2006 |
MOTION by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback for
leave to file excess pages -- Unopposed Motion for Leave to File Reply
Memorandum in Excess of 15 Pages (Faris,
Michael) (Entered: 12/19/2006) |
|
|
12/19/2006 |
NOTICE of Motion by Michael James Faris for presentment of motion for leave to file excess
pages 185 before
Honorable John F. Grady on 12/27/2006 at 10:30 AM. (Faris,
Michael) (Entered: 12/19/2006) |
|
|
12/19/2006 |
REPLY by Defendant Ernst &
Young, LLP to motion to dismiss 162 Memorandum
In Support of Its Motion to Dismiss The Amended Consolidated Class Action
Complaint. (Parzen, Stanley) (Entered:
12/19/2006) |
|
|
12/19/2006 |
DECLARATION of Jeffrey A. Berger
regarding motion to dismiss 162 by Ernst &
Young, LLP In Support of. (Attachments: # 1 Exhibit C# 2 Exhibit D# 3 Exhibit E# 4 Exhibit F# 5 Exhibit G# 6 Certificate of
Service)(Berger, Jeffrey) (Entered: 12/19/2006) |
|
|
12/21/2006 |
MINUTE entry before Judge John F. Grady :Motion for leave to file excess pages 185 is granted.
Hearing set for 12/27/06 stricken.Mailed notice (jlj, ) (Entered: 12/21/2006) |
|
|
12/21/2006 |
REPLY by Defendants Bally Total
Fitness Holding Corporation, Paul A Toback to
memorandum in support of motion 168 , motion to
dismiss 158 --
Reply Memorandum in Support of Motion to Dismiss Amended Consolidated Class
Action Complaint (Faris, Michael) (Entered:
12/21/2006) |
|
|
02/06/2007 |
Letter to Judge Grady re: Supplemental
Authority in Support of Its Motion to Dismiss the Amended Consolidated Class
Action Complaint [#163] by Ernst & Young, LLP (Andreozzi,
Bradley) (Entered: 02/06/2007) |
|
|
02/09/2007 |
RESPONSE by Unknown Cosmos
Investment Co. LLC to other 191 E&Y's
Letter to Judge Grady re: Supplemental Authority in Support of E&Y's
Motion to Dismiss the Amended Consolidated Class Action Complaint
(Abramson, Glen) (Entered: 02/09/2007) |
|
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02/20/2007 |
MINUTE entry before Judge John F. Grady :The following motions to dismiss the amended
consolidated class action complaint are granted: (1) the motion of Lee S.
Hillman; (2) the motion of John W. Dwyer; (3) the motion of Bally Total
Fitness Holding Corporation and Paul A. Toback; and
(4) the motion of Ernst & Young LLP.The amended
consolidated class action complaint is dismissed with prejudice. ENTER
MEMORANDUM OPINION.Mailed notice (mjc, ) (Entered: 02/21/2007) |
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02/20/2007 |
MEMORANDUM Opinion Signed by Judge
John F. Grady on 2/20/2007.(mjc, ) (Entered:
02/21/2007) |
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02/20/2007 |
ENTERED JUDGMENT (vmj, ) (Entered: 02/22/2007) |
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03/15/2007 |
NOTICE by Carol V Gilden of Change of Address (Gilden,
Carol) (Entered: 03/15/2007) |
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03/22/2007 |
NOTICE of appeal by Cosmos
Investment Co. LLC regarding orders 195 , 194 , 193 ; Filing fee
$455.00 paid; Receipt number 10338564. (cdh, )
(Entered: 03/23/2007) |
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03/22/2007 |
DOCKETING Statement by Cosmos
Investment Co. LLC regarding notice of appeal 197 (cdh, ) (Entered: 03/23/2007) |
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03/23/2007 |
TRANSMITTED to the 7th Circuit the
short record on notice of appeal 197 . Notified
counsel (cdh, ) (Entered: 03/23/2007) |
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03/23/2007 |
ACKNOWLEDGEMENT of receipt of
short record on appeal regarding notice of appeal 197 ; USCA Case No.
07-1646. (smm) (Entered: 03/27/2007) |
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03/30/2007 |
DESIGNATION by Cosmos Investment
Co. LLC of record on appeal : USCA Case No. 07-1646 (Abramson, Glen)
(Entered: 03/30/2007) |
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04/12/2007 |
TRANSMITTED to the USCA for the
7th Circuit the long record on appeal 197 (USCA no.
07-1646) consisting of 12 volumes of pleadings, 1 exhibit, 1 transcript and 2
loose documents. (cdh, ) (Entered: 04/12/2007) |
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04/12/2007 |
USCA RECEIVED on 4/12/07 the long
record regarding notice of appeal 197 (07-1646) (dj, ) (Entered: 04/17/2007) |
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06/29/2007 |
TRANSMITTED to the USCA for the
7th Circuit supplemental record on appeal 197 (USCA no.
07-1646) consisting of one transcript #41, two loose documents #10, 11. (cdh, ) (Entered: 06/29/2007) |
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06/29/2007 |
USCA RECEIVED on 6/29/07 the
supplemental record consisting of two vol. of loose documents #10 and #11.
(air, ) (Entered: 07/03/2007) |
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08/06/2007 |
COPY of order dated 8/6/2007 from
the Seventh Circuit regarding notice of appeal 197 ; Appellate
case no. : 07-1646. The following is before the court: Notice of pendency of
cases under Chapter 11 of the Federal Bankruptcy Code and of automatic stay,
filed on August 2, 2007, by counsel for appellee
Bally Total Fitness Holding Coroporation. This
court has been notified that on July 31, 2007, appellee
Bally Total Fitness Holding Corporation filed a petition for relief under
Chapter 11 of the United States Bankruptcy Code in the United States
Bankruptcy Court for the Southern District of New York. Accordingly, it is
ordered that these proceedings are stayed pursuant to the automatic stay
provision of 11 U.S.C. Section 362. It is further ordered that the parties
file, on or before November 5, 2007, status reports detailing the progress of
the bankruptcy proceeding. (td, ) (Entered: 08/09/2007) |
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07/23/2010 |
0RDER of USCA dated 07/23/2010
regarding notice of appeal 197 ; USCA No.
07-1646. Upon consideration of the JOINT MOTION FOR LIMITED REMAND TO THE
DISTRICT COURT TO CONDUCT CLASS ACTION SETTLEMENT APPROVAL PROCEEDINGS, filed
on July 20, 2010, by counsel for the parties, IT IS ORDERED that the motion
is GRANTED. This case is REMANDED to the district court for the limited
purpose of conducting class action settlement approval proceedings. This
court will retain jurisdiction. See Caterpillar, Inc. v. NLRB, 138 F.3d 1105
(7th Cir. 1998). IT IS FURTHER ORDERED that the parties file a status report
with this court bySeptember 15, 2010 or within 10
days of termination of settlement negotiations, if earlier. (hp, ) (Entered:
07/26/2010) |
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07/27/2010 |
MINUTE entry before Honorable John
F. Grady:The parties are directed to submit a joint
status report on or before 08/06/2010.Mailed notice (jlj,
) (Entered: 07/27/2010) |
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08/03/2010 |
STATUS Report Joint Status
Report by Gladys Petkun (Gilden,
Carol) (Entered: 08/03/2010) |
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08/11/2010 |
MOTION by Plaintiff Gladys Petkun for settlement Unopposed Motion for Preliminary
Approval of Class Action Settlement (Gilden,
Carol) (Entered: 08/11/2010) |
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08/11/2010 |
NOTICE by Gladys Petkun re MOTION by Plaintiff Gladys Petkun
for settlement Unopposed Motion for Preliminary Approval of Class Action
Settlement 210
(Gilden, Carol) (Entered: 08/11/2010) |
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08/11/2010 |
MOTION by Unknown Cosmos
Investment Co. LLC for leave to file Memornadum
of Law in Excess of 15 Pages (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2-5)(Gilden, Carol) (Entered: 08/11/2010) |
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08/11/2010 |
NOTICE by Cosmos Investment Co.
LLC of Filing (Gilden, Carol) (Entered: 08/11/2010) |
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08/19/2010 |
MOTION by Unknown Cosmos
Investment Co. LLC for settlement UNOPPOSED AMENDED AND SUPPLEMENTAL
MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (Attachments:
# 1 Exhibit A, #
2 Exhibit B)(Gilden, Carol) (Entered: 08/19/2010) |
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08/23/2010 |
MINUTE entry before Honorable John
F. Grady: The unopposed amended and supplemental motion by Cosmos Investment
Co. LLC for preliminary approval of class action settlement 214 is granted.
Enter Order. a Final Settlement Hearing will be held
on November 18, 2010 at 2:00pm. Cosmos Investment Co.'s motion for leave to
file a memorandum of law in excess of 15 pages 212 is granted. The
original unopposed motion for preliminary approval of class action settlement
210 is
considered withdrawn. Mailed notice. (kjd, )
(Entered: 08/24/2010) |
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08/23/2010 |
ORDER Signed by the Honorable John
F. Grady on 8/23/2010. (kjd, ) (Entered:
08/24/2010) |
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10/29/2010 |
MOTION by Unknown Cosmos
Investment Co. LLC for settlement UNOPPOSED MOTION FOR FINAL APPROVAL OF
CLASS ACTION SETTLEMENT (Gilden, Carol)
(Entered: 10/29/2010) |
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10/29/2010 |
NOTICE by Cosmos Investment Co.
LLC re MOTION by Unknown Cosmos Investment Co. LLC for settlement UNOPPOSED
MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 217 (Gilden, Carol) (Entered: 10/29/2010) |
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10/29/2010 |
MEMORANDUM of law in support pf plaintiffs unopposed motion for final approval of
class action settlement 217 (Gilden, Carol) (Text Modified to link document on
11/1/2010 (vmj, ).
(Entered: 10/29/2010) |
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10/29/2010 |
MOTION by Unknown Cosmos
Investment Co. LLC for attorney fees AND REIMBURSEMENT OF EXPENSES (Gilden, Carol) (Entered: 10/29/2010) |
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10/29/2010 |
NOTICE by Cosmos Investment Co.
LLC re MOTION by Unknown Cosmos Investment Co. LLC for attorney fees AND
REIMBURSEMENT OF EXPENSES 220 (Gilden, Carol) (Entered: 10/29/2010) |
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10/29/2010 |
MEMORANDUM by Cosmos Investment
Co. LLC in support of motion for attorney fees 220 AND
REIMBURSEMENT OF EXPENSES (Gilden, Carol)
(Entered: 10/29/2010) |
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10/29/2010 |
DECLARATION OF JON LAMBIRAS IN
SUPPORT OF MOTIONS FOR FINAL APPROVAL OF SETTLEMENT AND AWARD OF ATTORNEYS'
FEES (Attachments: # 1 Exhibit 1, part
a, # 2 Exhibit
1, part b, # 3
Exhibit 2, # 4
Exhibit 3, part a, # 5
Exhibit 3, part b, # 6
Exhibit 3, part c, # 7
Exhibit 4, # 8
Exhibit 5, # 9
Exhibit 6)(Gilden, Carol) (Entered: 10/29/2010) |
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11/01/2010 |
NOTICE of Motion by Carol V Gilden for presentment of motion for attorney fees 220 before
Honorable John F. Grady on 11/18/2010 at 02:00 PM. (Gilden,
Carol) (Entered: 11/01/2010) |
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11/01/2010 |
NOTICE of Motion by Carol V Gilden for presentment of motion for settlement 217 before
Honorable John F. Grady on 11/18/2010 at 02:00 PM. (Gilden,
Carol) (Entered: 11/01/2010) |
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11/12/2010 |
MEMORANDUM memorandum
in support of motion 219
by Cosmos Investment Co. LLC LEAD PLAINTIFF'S SUPPLEMENTAL MEMORANDUM IN
SUPPORT OF FINAL APPROVAL OF CLASS ACTION SETTLEMENT (Gilden,
Carol) (Entered: 11/12/2010) |
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11/15/2010 |
MINUTE entry before Honorable John
F. Grady:Final settlement hearing, Unopposed Motion
for Attorney Fees 220
, and Unopposed Motion Motion for Final Approval of
Class 217 set
for 11/18/2010 is reset to Wednesday, 11/24/2010 at 11:00 AM. Mailed notice (cdh, ) (Entered: 11/15/2010) |
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11/19/2010 |
MEMORANDUM by Cosmos Investment
Co. LLC SUPPLEMENTAL MEMORANDUM REGARDING OUT OF POCKET EXPENSES FOR
RESCHEDULED FINAL FAIRNESS HEARING (Gilden,
Carol) (Entered: 11/19/2010) |
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11/24/2010 |
MINUTE entry before Honorable John
F. Grady:Final approval of
class settlement hearing held. Lead Plaintiff's Unopposed Motion for Final
Approval of Class Action Settlement 217 is granted.
Lead Counsel's Unopposed Motion for Award of Attorneys' Fees and
Reimbursement of Expenses 220 is granted.
Final Approval Order to Follow. Civil Case terminated. Mailed notice (cdh, ) (Entered: 11/24/2010) |
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12/01/2010 |
FINAL JUDGMENT and Order of
Dismissal with prejudice. Signed by the Honorable John F. Grady on
12/1/2010.(nf, ) (Entered: 12/03/2010) |
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