US
District Court Civil Docket as of
Retrieved from the court on
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Cause:
15:78m(a) Securities Exchange Act |
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Plaintiff
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James V
Siracusano |
represented by |
Amy J Longo
, |
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Defendant
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Matrixx
Initiatives Incorporated
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represented by |
Amy J Longo
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Defendant
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Carl J
Johnson |
represented by |
Amy J Longo
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Defendant
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William J
Hemelt |
represented by |
Amy J Longo
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Movant |
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NECA-IBEW |
represented by |
Andrew S
Friedman , |
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Plaintiff
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represented by |
Andrei V
Rado |
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Defendant
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Timothy L
Clarot |
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Date Filed |
# |
Docket Text |
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1 |
COMPLAINT
FILED (LSP) (Entered: |
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2 |
ORDERED that
pla Stanley Sved show cause for failure to comply with Local Rule 1.2(e) ;
show cause hearing set for 1:30 7/12/04 for Stanley Sved before Judge Stephen
M. McNamee (cc: all counsel/AL) ( |
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3 |
Party elects
assignment of case to district judge ; mag election form ddl satisfied
6/15/04 ; show cause hearing ddl satisfied 6/15/04 ( |
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4 |
MINUTE ORDER
that pursuant to Local Rule 1.2(e), a request has been received for a random
reassignment of this case to a District Judge FURTHER ORDERED Case reassigned
by random draw to Judge Mary H. Murguia All further papers/pleadings should
now list the following COMPLETE case number: |
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5 |
STIPULATION to
extend time for Dfts to answer complaint [1-1] by pla, dfts [5-1] ( |
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6 |
NOTICE OF
ATTORNEY APPEARANCE/ASSOCIATION for pla Stanley Sved by attorney(s) Steven G
Schulman, Peter E Seidman, Andrei V Rado, Marc S Henzel, Christopher A
Seeger, and David R Buchanan ( |
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7 |
MOTION to
consolidate cases with CV04-1012 |
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8 |
MEMORANDUM IN
SUPPORT by pla Stanley Sved of motion (of NECA-IBEW Fund) to consolidate
cases with CV04-1012 |
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9 |
DECLARATION of
Andrew S. Friedman re motion (of NECA-IBEW Fund) to consolidate cases with
CV04-1012 |
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10 |
MOTION of
Jeffrey E. Kuhler, Stanley Sved, W.K. Hughey and Alex Costanzo to consolidate
cases, CV 04-1212- |
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11 |
MEMORANDUM of
Law IN SUPPORT by pla Stanley Sved of motion of Jeffrey E. Kuhler, Stanley
Sved, W.K. Hughey and Alex Costanzo to consolidate cases, CV 04-1212- |
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12 |
DECLARATION of
Andrew S. Friedman in support motion of Jeffrey E. Kuhler, Stanley Sved, W.K.
Hughey and Alex Costanzo to consolidate cases, CV 04-1212- |
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13 |
MOTION for
admission pro hac vice as to Steven Schulman, atty for pla Stanley Sved
[13-1] (DMT) (Entered: |
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14 |
ORDER by Judge
Mary H. Murguia granting stipulation to extend time for Dfts to answer
complaint 1 by pla, dfts 5 FURTHER ORDERED Dfts shall have 45 days from the
filing of Pla's first amended complaint to file a responsive pleading; Pla
shall have 45 days from the filing of any responsive pleading to oppose such
pleading; and Dft shall have 30 days from the filing of any opposition to
their responsive pleading to file their reply (cc: all counsel) ( |
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Pro Hac Vice
$25 Fee Paid as to Steven G Schulman ( |
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16 |
RESPONSE
(OPPOSITION) by dfts to motions for approval of their selection of lead and
liaison counsel by pla Sved [10-3], motion approval of selection of lead and
liaison counsel by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-3] ( |
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18 |
MOTION for
admission pro hac vice as to Marc S. Henzel, atty for pla Stanley Sved [18-1]
(LSP) (Entered: |
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Pro Hac Vice
$25 Fee Paid as to Marc S Henzel ( |
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15 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Steven
Schulman, atty for pla Stanley Sved [13-1] (cc: all counsel) re: order filed
[15-1] (DMT) (Entered: |
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17 |
MOTION for
Oral Argument re Motion for Consolidation, Appointment as Lead Plaintiff and
for Approval of Selection of Lead and Liaison Counsel by pla Stanley Sved
[17-1] ( |
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19 |
MEMORANDUM (response)
IN FURTHER SUPPORT by pla of motion of Jeffrey E. Kuhler, Stanley Sved, W.K.
Hughey and Alex Costanzo to consolidate cases, CV 04-1212- |
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20 |
MEMORANDUM IN
FURTHER SUPPORT by pla of motion to consolidate cases with CV04-1012 |
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21 |
MOTION to
substitute attorney D Rosenbaum and M Beyers replacing J Condo, by dft
Matrixx Initiatives, dft Carl J Johnson, dft William J Hemelt [21-1] (DMT)
(Entered: 08/02/2004) |
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22 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Marc S.
Henzel, atty for pla Stanley Sved [18-1] (cc: all counsel) (DMT) (Entered: |
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23 |
ORDER by Judge
Mary H. Murguia granting motion to substitute attorney D Rosenbaum and M
Beyers replacing J Condo, by dft Matrixx Initiatives, dft Carl J Johnson, dft
William J Hemelt [21-1]; terminating attorney James R Condo for William
Hemelt, attorney James R Condo for Carl J Johnson, attorney James R Condo for
Matrixx Initiatives and substituting attorneys David B Rosenbaum and Maureen
Beyers ; Michael G Yoder and Amy J Longo of the firm O'Melveny & Meyers
LLP remain as co-counsel for dfts (cc: all counsel) ( |
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24 |
MEMORANDUM IN
FURTHER SUPPORT by pla Stanley Sved of motion to consolidate cases with
CV04-1012 |
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Pro Hac Vice
$25 Fee Paid as to Andrei V Rado ( |
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25 |
MEMORANDUM IN
SUPPORT by pla Stanley Sved of motion approval of selection of lead and
liaison counsel by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-3], motion
appointment as lead plaintiff by pla Stanley Sved (of NECA-IBEW Pension Fund)
[7-2], motion to consolidate cases with CV04-1012 |
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26 |
MOTION for
admission pro hac vice as to Andrei V. Rado, atty for pla Stanley Sved [26-1]
(LSP) (Entered: |
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27 |
REPLY by pla
Stanley Sved to response to motion for approval of their selection of lead
and liaison counsel by pla Sved [10-3], motion to be appointed lead Plaintiff
by pla Stanley Sved [10-2], motion of Jeffrey E. Kuhler, Stanley Sved, W.K.
Hughey and Alex Costanzo to consolidate cases, CV 04-1212- |
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28 |
NOTICE by pla
Stanley Sved of Change of Atty Firm Name to Lerach Coughlin Stoia Geller
Rudman & Robbins ( |
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30 |
MOTION for
admission pro hac vice as to Christopher A. Seeger, atty for pla Stanley Sved
[30-1] (LSP) (Entered: |
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31 |
MOTION for
admission pro hac vice as to David R. Buchanan, atty for pla Stanley Sved
[31-1] (LSP) (Entered: |
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29 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Andrei V.
Rado, atty for pla Stanley Sved [26-1] (cc: all counsel) ( |
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Pro Hac Vice
$25 Fee Paid as to Christopher A Seeger ( |
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Pro Hac Vice
$25 Fee Paid as to David R Buchanan ( |
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32 |
MOTION for
hearing on competing motions by dft Matrixx Initiatives, dft Carl J Johnson,
dft William J Hemelt [32-1] ( |
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33 |
MOTION for
admission pro hac vice as to Michael G Yoder, atty for dfts [33-1] (DMT)
Modified on |
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34 |
MOTION for
admission pro hac vice as to Molly J Magnuson, atty for dfts [34-1] (DMT)
(Entered: |
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35 |
MOTION for
admission pro hac vice as to Amy J Longo, atty for dfts [35-1] (DMT)
(Entered: |
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36 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Amy J Longo,
atty for dfts [35-1] (cc: all counsel) (former emp) (Entered: |
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37 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Molly J
Magnuson, atty for dfts [34-1] (cc: all counsel) (former emp) (Entered: |
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38 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Michael G
Yoder, atty for dfts [33-1] (cc: all counsel) (former emp) (Entered: |
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39 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to David R.
Buchanan, atty for pla Stanley Sved [31-1] (cc: all counsel) (former emp)
(Entered: |
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40 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Christopher
A. Seeger, atty for pla Stanley Sved [30-1] (cc: all counsel) (former emp)
(Entered: |
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Pro Hac Vice
$25 Fee Paid as to Amy J Longo ( |
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Pro Hac Vice
$25 Fee Paid as to Molly J Magnuson ( |
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Pro Hac Vice
$25 Fee Paid as to Michael G Yoder ( |
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41 |
MINUTE ORDER:
The Court ORDERS granting defendant's motion for hearing on competing motions
[32-1] and plaintiff's motion for oral argument re Motion for Consolidation,
Appointment as Lead Plaintiff and for Approval of Selection of Lead and
Liaison Counsel pla Stanley Sved [17-1]. IT IS THEREFORE ORDERED setting
counsel's competing motions for oral argument on |
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42 |
MOTION for
admission pro hac vice as to Lori G Feldman, atty for pla Stanley Sved [42-1]
( |
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Pro Hac Vice
$25 Fee Paid as to Lori G Feldman ( |
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43 |
MINUTE ORDER:
Due to a conflict on the Court's calendar, the Court ORDERS that the Motion
Hearing regarding counsel's competing motions [docs 7 and 10] currently set
on |
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44 |
MINUTE ORDER:
Due to a conflict on the Court's calendar, the Court ORDERS that the Motion
Hearing regarding the competing motions [docs 7 and 10] currently set on |
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45 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Lori G
Feldman, atty for pla Stanley Sved [42-1] (cc: all counsel) ( |
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46 |
MOTION for
admission pro hac vice as to Eric T. Chaffin, atty for pla Stanley Sved
[46-1] ( |
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Pro Hac Vice
$25 Fee Paid as to Eric T Chaffin ( |
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47 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Eric T.
Chaffin, atty for pla Stanley Sved [46-1] (cc: all counsel) (DMT) (Entered: |
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48 |
MOTION
(Application) of Attorney for Admission to Practice Pro Hac Vice Pursuant to
Local Rule 1.5(b)(3) as to Ramzi Abadou, atty for movant NECA-IBEW [48-1] ( |
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Pro Hac Vice
$25 Fee Paid as to Ramzi Abadou ( |
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49 |
MINUTE ENTRY
before Judge Mary H. Murguia. Crt Rptr: Merilyn Sanchez. Appearances: Ramzi
Abadou, Stephen Weiss, Lori Feldman, Christopher Seeger, David Buchanan, and
Francis Balint for the plaintiffs. David Rosenbaum, Amy Longo, and Maureen
Beyers for the defendants. Also present is defendant, William Hemelt. Motions
Hearing held. There being no objection, IT IS ORDERED granting the Motion to
Consolidate CV 04-1012- |
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50 |
ORDER by Judge
Mary H. Murguia granting motion (Application) of Attorney for Admission to
Practice Pro Hac Vice Pursuant to Local Rule 1.5(b)(3) as to Ramzi Abadou,
atty for movant NECA-IBEW [48-1] (cc: all counsel) ( |
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51 |
Transcript
Designation and Ordering Form by dfts re Pretrial Proceedings of |
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52 |
Transcript
Designation and Ordering Form by movant NECA-IBEW re Pretrial Proceedings of |
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53 |
STIPULATION re
Dfts' Opposition to Motions for Lead Pla and Lead Counsel by pla, dfts ( |
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54 |
POST -Hearing
Submission by Kuhler Movants re conflict of interest ( |
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55 |
TRANSCRIPT of
motions hearing by Court Reporter: Merilyn Sanchez for the following date(s):
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56 |
RETURN OF
SERVICE EXECUTED summons/complaint (personal) upon dft William J Hemelt on |
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57 |
RETURN OF
SERVICE EXECUTED summons/complaint upon William J Hemelt for dft Carl Johnson
on |
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58 |
RETURN OF
SERVICE EXECUTED summons/complaint upon William J Hemelt for dft Matrixx
Initiatives on |
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59 |
ORDER by Judge
Mary H. Murguia granting Pla NECA-Fund's motion to be appointed lead Pla, to
appoint lead counsel, and to appoint liaison counsel is granted [Dkt #3-2,
3-3, 6-2, 6-3] FURTHER ORDERED denying Pla Sved-group's motion to be
appointed lead pla, to appoint lead counsel, and to appoint liaison [Doc
#7-2, 7-3, 10-2, 10-3] FURTHER ORDERED granting motion to substitute attorney
David B Rosenbaum and Maureen Beyers of Osborn Maledon replacing James Condo
of Snell & Wilmer (Michael Yoder and Amy Longo of O'Melveny & Meyers
remain as co-counsel) by dft Matrixx Initiatives, dft Carl J Johnson, dft
William J Hemelt [17-1] FURTHER ORDERED directing the Clk of Court to
designate Pla James V Siracusano, individually and on behalf of all others
similarly situated as named Pla in this action FURTHER ORDERED that the Court
intends to resolve class certification on an expeditious basis ACCORDINGLY,
setting a hearing re setting a schedule for class certification for 3:00 on
2/17/05 The Court directs Neca-Fund and Dft to meet and confer re a proposed
schedule for class certification, addressing ddls for discovery and related
issues. The partiers shall submit to the Court, preferably a joint proposed
class certification sched order, nlt |
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60 |
MOTION for
admission pro hac vice as to Scott Saham, atty for movant NECA-IBEW [60-1] ( |
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61 |
MOTION for
admission pro hac vice as to Lucas F Olts, atty for movant NECA-IBEW [61-1] ( |
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Pro Hac Vice
$100 Fee Paid as to Lucas F Olts in |
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Pro Hac Vice
$100 Fee Paid as to Scott H Saham in |
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62 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Lucas F
Olts, atty for movant NECA-IBEW [61-1] (cc: all counsel) ( |
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63 |
ORDER by Judge
Mary H. Murguia granting motion for admission pro hac vice as to Scott Saham,
atty for movant NECA-IBEW [60-1] (cc: all counsel) ( |
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64 |
MINUTE ORDER:
Due to a conflict on the Court's calendar, the Court ORDERS that the hearing
re: setting a schedule for class certification be reset from February 17,
2005 to March 3, 2005 at 3:00 p.m. before the Honorable Mary H. Murguia. (cc:
MHM, all counsel) [64-2] (KSB) (Entered: |
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65 |
STIPULATION re
Consolidated Amended Complaint by plas, dfts ( |
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66 |
ORDER by Judge
Mary H. Murguia that the hearing re scheduling class certification scheduled
for 3/3/05 is vacated FURTHER ORDERED that Pla shall file a consolidated
amended complaint on/before 3/4/05 FURTHER ORDERED that Dfts shall naswer or
otherwise respond to the amended complaint on or before 4/4/05 FURTHER
ORDERED that the parties will observe the standard briefing schedule provided
in the Fed.R.Civ.P. and Local R.Civ.P. FURTHER
ORDERED that Pla's motion for class certification shall be filed w/in 30 days
from the issuance of an Order by this Court (cc: all counsel) ( |
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67 |
CONSOLIDATED
AMENDED COMPLAINT by pla James V Siracusano [1-1]; terminating pla Stanley
Sved, adding dft Timothy L Clarot ( |
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68 |
(NOTICE OF)
ERRATA by pla James V Siracusano to complaint (amended) [67-1] ( |
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69 |
STIPULATION re
Dfts' Motion to Dismiss Pla's Consolidated Amendeed Complaint by plas, dfts ( |
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70 |
ORDER by Judge
Mary H. Murguia granting stipulation re Dfts' Motion to Dismiss Pla's
Consolidated Amended Complaint by plas, dfts. That Dfts shall file a pleading
or motion responsive to Pla's Consolidated Amended Complaint by 4/4/05; Pls
ahll file an Opposition to any Motion to Dismiss by 4/25/05; Dfts shall file
their Reply by 5/9/05 (cc: all counsel) ( |
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71 |
RETURN OF
SERVICE EXECUTED summons/complaint upon Mrs Clarot for dft Timothy L Clarot
in |
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72 |
MOTION to
strike from Pla's Consolidated Amended Complaint, paragraphs 30 and 49 in
their entirety, and paragraph 64 in part by dfts [72-1] ( |
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73 |
MOTION to
dismiss case w/prejudice by dfts [73-1] ( |
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74 |
DECLARATION of
Amy J. Longo in support of motion to dismiss case w/prejudice by dfts [73-1]
and motion to strike from Pla's Consolidated Amended Complaint, paragraphs 30
and 49 in their entirety, and paragraph 64 in part by dfts [72-1] by dfts ( |
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75 |
RETURN OF
SERVICE EXECUTED summons/complaint upon dft Timothy L Clarot in |
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76 |
RESPONSE
(Opposition) by pla to motion to strike from Pla's Consolidated Amended
Complaint, paragraphs 30 and 49 in their entirety, and paragraph 64 in part
by dfts [72-1] ( |
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77 |
RESPONSE
(Opposition) by pla James V Siracusano to Motion to Dismiss Case doc.# 73 by
dfts ( |
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Text not
available. (Entered: |
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78 |
REPLY by dfts
in 2:04-cv-00886 to response to motion to strike from Pla's Consolidated
Amended Complaint, paragraphs 30 and 49 in their entirety, and paragraph 64
in part by dfts [72-1] (DMT) (Entered: 05/10/2005) |
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79 |
REPLY by dfts
in 2:04-cv-00886 to response to motion to dismiss case w/prejudice by dfts
[73-1] (DMT) (Entered: |
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80 |
MOTION for
hearing on their motion to dismiss and motion to strike by dfts in |
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81 |
Minute Order:
The Court ORDERS granting the motion for hearing 80 .
Oral argument as to the Motion to Strike 72 and the Motion to Dismiss 73 is
scheduled on Wednesday, October 12, 2005 at 1:30 p.m. before the Honorable
Mary H. Murguia. [This is a TEXT ONLY entry. There is no.pdf document
attached.] (KSB) (Entered: 08/18/2005) |
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08/18/2005 |
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Copy of
document number 81, mailed to R. Abadou on this date. (KSB) (Entered:
08/18/2005) |
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09/26/2005 |
NOTICE of Change
of Firm Address by Lucas F Olts, Scott H Saham: 655 West Broadway, Suite
1900; San Diego, CA 92101, Telephone: 619/231-1058. (DNH, ) (Entered:
09/29/2005) |
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10/12/2005 |
Minute Entry
for proceedings held before Judge Mary H Murguia: Motion Hearing held on
10/12/2005 re 72 Motion to Strike filed by Matrixx Initiatives, Inc., Carl J
Johnson, and 73 Motion to Dismiss Case filed by Matrixx Initiatives, Inc.,
Carl J Johnson. (Court Reporter Merilyn Sanchez.) (KFZ) (Entered: 10/13/2005) |
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10/17/2005 |
TRANSCRIPT
DESIGNATION |
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10/20/2005 |
TRANSCRIPT
DESIGNATION |
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11/14/2005 |
86 |
TRANSCRIPT of
Motion Hearing Proceedings held on 10/12/2005 before Judge Mary H Murguia.
Court Reporter: Merilyn A Sanchez. ( |
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01/23/2006 |
NOTICE of
Change of Address by Scott H Saham (Saham, Scott) (Entered: 01/23/2006) |
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03/08/2006 |
ORDER granting
in part and denying in part 72 Motion to Strike FURTHER ORDERED granting 73
Motion to Dismiss. The First Amended Complaint is dismissed without
prejudice. Signed by Judge Mary H Murguia on 12/15/05. ( |
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03/08/2006 |
JUDGMENT that
this Court having granted Defendants' Motion to Dismiss, Plaintiffs take
nothing. This Complaint and action are hereby dismissed without prejudice.( |
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90 |
Minute Order:
The parties are hereby advised that the Order addressing doc. 72 and 73 was
signed on |
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NOTICE OF
APPEAL to 9th Circuit, re 89 Judgment, 88
Order by James V Siracusano. (Attachments: # 1
Civil Appeals Docketing Statement)(Saham, Scott) Modified on |
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USCA Appeal
Fees received $ 255 receipt number |
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Appeal Remark
re 91
Notice of Appeal: Member case number CV 04-1012 |
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Notice of
Appeal Notification Form; Notice of Appeal and copy of docket sheet
transmitted to Ninth Circuit and all parties re 91
Notice of Appeal (LSP) (Entered: 04/05/2006) |
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ORIGINAL CADS
Sent re 91
Notice of Appeal: Civil Appeals Docketing Statement sent to 9th Circuit on
this date. (LSP) (Entered: |
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93 |
Ninth Circuit
Case Number 06-15677 for 91 Notice of Appeal. NOTE:
Case Number taken from Time Schedule Order to Court Reporter Merilyn Sanchez
(LSP) (Entered: 04/18/2006) |
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04/24/2006 |
Ninth Circuit
Case Number 06-15677 for 91 Notice of Appeal. (LSP)
(Entered: 04/24/2006) |
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05/02/2006 |
APPEAL
TRANSCRIPT REQUEST by James V Siracusano for proceedings held on 10/12/05
before Judge Mary H Murguia, re 91
Notice of Appeal Transcript filed as of 11/14/2005. ( |
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05/08/2006 |
CERTIFICATE OF
RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re 91
Notice of Appeal (LSP) (Entered: 05/08/2006) |
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09/15/2007 |
Notice re Firm
Name Change by NECA-IBEW (Saham, Scott) (Entered: 09/15/2007) |
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05/15/2009 |
Transmitted
Record on Appeal to 9th Circuit re 91
Notice of Appeal. Number of Volumes of Clerks Records: 2; Number of Bulky
Documents: 2; Docket Numbers of Bulky Documents: 9, 74; Number of
Transcripts: 2; Docket Numbers of Transcripts: 55, 86; Number of Expandos: 1;
all other documents available electronically through PACER. ( |
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07/27/2009 |
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Appeal Record
Returned: 91
Notice of Appeal, Number of Volumes of Clerks Records: 2; Number of Expandos:
1. (entry not made at time of receipt of file from Ninth Circuit; file
subsequently transmitted to Supreme Court) (REW) (Entered: 12/08/2010) |
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10/22/2009 |
ORDER of 9th
Circuit, Appellees' motion to take judicial notice, filed October 5, 2006,
and appellees' supplemental request for judicial notice, filed June 8, 2009,
are denied; appeal case number 06-15677, as to 91
Notice of Appeal filed by James V Siracusano (DMT, ) (Entered: 10/22/2009) |
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03/22/2010 |
Notice re Firm
Name Change by NECA-IBEW (Saham, Scott) (Entered: 03/22/2010) |
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06/21/2010 |
ORDER of 9th
Circuit, appeal case number 06-15677, granting the petition for writ of
certiorari as to 91
Notice of Appeal filed by James V Siracusano. (Attachments: # 1
NDA)( |
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12/03/2010 |
Transmitted
Record on Appeal to the U.S. Supreme Court re 91
Notice of Appeal. Number of Volumes of Clerks Records: 2; Number of Bulky
Documents: 2; Docket Numbers of Bulky Documents: 9 & 74; Number of
Transcripts: 2; Docket Numbers of Transcripts: 55 & 86; Number of
Expandos: 1; Other: Electronically Filed Documents 82-101 printed out. Mailed
to U.S. Supreme Court on 12/3/10 via |
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04/26/2011 |
MANDATE of
USCA re 06-15677, reversing and remanding the District Court decision, as to 91
Notice of Appeal. (Attachments: # 1
Writ of Certiorari, # 2
Order, # 3
Memorandum, # 4
NDA). (LSP) (Entered: 04/26/2011) |
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judicial governing body of the U.S. Federal Courts, authority to impose user
fees for electronic access to case information. For more information visit the
PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html