US District Court Civil Docket as of 04/26/2011
Retrieved from the court on
April 28, 2011

 

U.S. District Court
District Of Arizona (Phoenix Division)
CIVIL DOCKET FOR CASE #: 2:04-cv-00886-MHM


Siracusano, et al v. Matrixx Initiatives, et al
Assigned to: Judge Mary H Murguia
Demand: $0
Member case:

    2:04-cv-01012-MHM

 

Case in other court:

 Ninth Circuit, 06-15677

Cause: 15:78m(a) Securities Exchange Act


Date Filed:
04/27/2004
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Plaintiff

 

James V Siracusano
Individually and on behalf of all others similarly situated (named as lead plaintiff pursuant to Order #59)

represented by

Amy J Longo ,
OMelveny & Myers
610 Newport Center Dr
17th Floor
Newport Beach, CA 92660
949-823-7175
Fax: 949-823-6994
Email: alongo@omm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew S Friedman
Bonnett Fairbourn Friedman & Balint PC
2901 N Central Ave
Ste 1000
Phoenix, AZ 85012-3311
602-776-5903
Fax: 602-274-1199
Email: afriedman@bffb.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David B Rosenbaum
Osborn Maledon PA
PO Box 36379
Phoenix, AZ 85067-6379
602-640-9000
Fax: 602-640-6051
Email: drosenbaum@omlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Maureen Beyers
Osborn Maledon PA
2929 N Central Ave
Phoenix, AZ 85012-2794
602-640-9305
Fax: 602-664-2053
Email: mbeyers@omlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael G Yoder ,
OMelveny & Myers
610 Newport Center Dr
17th Floor
Newport Beach, CA 92660
949-823-7936
Fax: 949-823-6994
Email: myoder@omm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Molly J Magnuson ,
OMelveny & Myers
610 Newport Center Dr
17th Floor
Newport Beach, CA 92660
949-823-7167
Fax: 949-823-6994
Email: mmagnuson@omm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Matrixx Initiatives Incorporated

represented by

Amy J Longo ,
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David B Rosenbaum
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James R Condo
Snell & Wilmer LLP
1 Arizona Ctr
400 E Van Buren
Phoenix, AZ 85004-0001
602-382-6000
Fax: 602-382-6070
Email: jcondo@swlaw.com
TERMINATED: 08/05/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Maureen Beyers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael G Yoder ,
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Molly J Magnuson ,
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Carl J Johnson

represented by

Amy J Longo ,
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David B Rosenbaum
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James R Condo
(See above for address)
TERMINATED: 08/05/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Maureen Beyers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael G Yoder ,
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Molly J Magnuson ,
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

William J Hemelt

represented by

Amy J Longo ,
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David B Rosenbaum
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James R Condo
(See above for address)
TERMINATED: 08/05/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Maureen Beyers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael G Yoder ,
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Molly J Magnuson ,
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

NECA-IBEW

represented by

Andrew S Friedman ,
Bonnett Fairbourn Friedman & Balint PC
2901 N Central Ave
Ste 1000
Phoenix, AZ 85012-3311
602-776-5903
Fax: 602-274-1199
Email: afriedman@bffb.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Francis Joseph Balint , Jr.
Bonnett Fairbourn Friedman & Balint PC
2901 N Central Ave., Ste. 1000
Phoenix, AZ 85012-3311
602-274-1100
Fax: 602-274-1199
Email: fbalint@bffb.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lucas F Olts
Robbins Geller Rudman & Dowd LLP
655 W Broadway
Ste 1900
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: LOlts@rgrdlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ramzi Abadou
Barroway Topaz Kessler Meltzer & Check
580 California St., Ste. 1750
San Francisco, CA 94104
415-400-3000
Email: rabadou@btkmc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Scott H Saham
Robbins Geller Rudman & Dowd LLP
655 W Broadway
Ste 1900
San Diego, CA 92101
619-231-1058
Email: ScottS@rgrdlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Stanley Sved
on Behalf of Himself and All Others Similarly Situated
TERMINATED:
03/04/2005

represented by

Andrei V Rado
Labaton Sucharow LLP
140 Broadway
New York, NY 10005
212-907-0821
Fax: 212-883-7521
Email: arado@labaton.com
TERMINATED: 03/04/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew S Friedman ,
(See above for address)
TERMINATED: 03/04/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher A Seeger
Seeger Weiss LLP
1 William St
New York, NY 10004
(212)584-0700
TERMINATED: 03/04/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David R Buchanan
Seeger Weiss LLP
1 William St
New York, NY 10004
(212)584-0700
TERMINATED: 03/04/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Eric T Chaffin
Seeger Weiss LLP
1 William St
New York, NY 10004
(212)584-0700
TERMINATED: 03/04/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Francis Joseph Balint , Jr.
(See above for address)
TERMINATED: 03/04/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lori G Feldman
Milberg Weiss Bershad & Schulman LLP
1001 4th Ave
Ste 2550
Seattle, WA 98154
(206)839-0730
TERMINATED: 03/04/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Marc S Henzel
Law Office of Marc S Henzel
237 Montgomery Ave
Ste 202
Bala Cynwyd, PA 19004
(610)660-8000
TERMINATED: 03/04/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen G Schulman ,
Milberg Weiss Bershad & Schulman LLP
1 Pennsylvania Plaza
New York, NY 10019
212-594-5300
Fax: 212-868-1229
Email: sschulman@milbergweiss.com
TERMINATED: 03/04/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Timothy L Clarot

 

 

 

 

 

 

Date Filed

#

Docket Text

04/27/2004

COMPLAINT FILED (LSP) (Entered: 04/29/2004)

06/10/2004

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) (MAP) (Entered: 06/10/2004)

06/15/2004

Party elects assignment of case to district judge ; mag election form ddl satisfied 6/15/04 ; show cause hearing ddl satisfied 6/15/04 (MAP) (Entered: 06/16/2004)

06/16/2004

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: CIV-04-886-PHX-MHM FURTHER ORDERED that the Order to Show Cause hearing scheduled for 7/12/04 is hereby vacated (cc: all counsel/DKD/MHM) [4-2] (MAP) (Entered: 06/16/2004)

06/28/2004

STIPULATION to extend time for Dfts to answer complaint [1-1] by pla, dfts [5-1] (MAP) (Entered: 06/29/2004)

07/02/2004

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 (KMG) (Entered: 07/08/2004)

07/12/2004

MOTION to consolidate cases with CV04-1012PHX-SMM by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-1] , and appointment as lead plaintiff by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-2] , and approval of selection of lead and liaison counsel by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-3] (LSP) Modified on 07/15/2004 (Entered: 07/15/2004)

07/12/2004

MEMORANDUM IN SUPPORT by pla Stanley Sved of motion (of NECA-IBEW Fund) to consolidate cases with CV04-1012PHX-SMM by pla Stanley Sved [7-1], motion appointment as lead plaintiff by pla Stanley Sved [7-2], motion approval of selection of lead and liaison counsel by pla Stanley Sved [7-3] (LSP) (Entered: 07/15/2004)

07/12/2004

DECLARATION of Andrew S. Friedman re motion (of NECA-IBEW Fund) to consolidate cases with CV04-1012PHX-SMM by pla Stanley Sved [7-1] re motion appointment as lead plaintiff by pla Stanley [7-2], re motion approval of selection of lead and liaison counsel by pla Stanley Sved [7-3] by pla Stanley Sved (LSP) (Entered: 07/15/2004)

07/12/2004

10 

MOTION of Jeffrey E. Kuhler, Stanley Sved, W.K. Hughey and Alex Costanzo to consolidate cases, CV 04-1212-PHX-SMM by pla Stanley Sved [10-1] , and to be appointed lead Plaintiff by pla Stanley Sved [10-2] , and for approval of their selection of lead and liaison counsel by pla Sved [10-3] (LSP) Modified on 07/15/2004 (Entered: 07/15/2004)

07/12/2004

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-PHX-SMM by pla Stanley Sved [10-1] [10-1], motion to be appointed lead Plaintiff by pla Stanley Sved [10-2], motion for approval of their selection of lead and liaison counsel by pla Sved [10-3] (LSP) Modified on 07/15/2004 (Entered: 07/15/2004)

07/12/2004

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-PHX-SMM by pla Stanley Sved [10-1], re motion to be appointed lead Plaintiff by pla Stanley Sved [10-2], re motion for approval of their selection of lead and liaison counsel by pla Sved [10-3] by pla Stanley Sved (LSP) Modified on 07/15/2004 (Entered: 07/15/2004)

07/20/2004

13 

MOTION for admission pro hac vice as to Steven Schulman, atty for pla Stanley Sved [13-1] (DMT) (Entered: 07/21/2004)

07/21/2004

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) (MAP) (Entered: 07/21/2004)

07/23/2004

  

Pro Hac Vice $25 Fee Paid as to Steven G Schulman (BAS) (Entered: 07/23/2004)

07/26/2004

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] (MAP) (Entered: 07/27/2004)

07/26/2004

18 

MOTION for admission pro hac vice as to Marc S. Henzel, atty for pla Stanley Sved [18-1] (LSP) (Entered: 07/28/2004)

07/27/2004

  

Pro Hac Vice $25 Fee Paid as to Marc S Henzel (BAS) (Entered: 07/27/2004)

07/27/2004

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: 07/27/2004)

07/27/2004

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] (MAP) (Entered: 07/28/2004)

07/29/2004

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-PHX-SMM by pla Stanley Sved [10-1] motion to be appointed lead Plaintiff by pla Stanley Sved [10-2] [10-2], motion for approval of their selection of lead and liaison counsel by pla Sved [10-3] [10-3] (DMT) Modified on 08/02/2004 (Entered: 08/02/2004)

07/29/2004

20 

MEMORANDUM IN FURTHER SUPPORT by pla of motion to consolidate cases with CV04-1012PHX-SMM by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-1] [7-1], motion appointment as lead plaintiff by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-2] [7-2], motion approval of selection of lead and liaison counsel by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-3] [7-3] (DMT) (Entered: 08/02/2004)

07/30/2004

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)

08/02/2004

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: 08/02/2004)

08/05/2004

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) (LAD) (Entered: 08/05/2004)

08/05/2004

24 

MEMORANDUM IN FURTHER SUPPORT by pla Stanley Sved of motion to consolidate cases with CV04-1012PHX-SMM by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-1] [7-1], motion appointment as lead plaintiff by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-2] [7-2], motion approval of selection of lead and liaison counsel by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-3] [7-3] (former emp) (Entered: 08/09/2004)

08/09/2004

  

Pro Hac Vice $25 Fee Paid as to Andrei V Rado (BAS) (Entered: 08/09/2004)

08/09/2004

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 CV04-1012PHX-SMM by pla Stanley Sved (of NECA-IBEW Pension Fund) [7-1] (LSP) (Entered: 08/11/2004)

08/09/2004

26 

MOTION for admission pro hac vice as to Andrei V. Rado, atty for pla Stanley Sved [26-1] (LSP) (Entered: 08/11/2004)

08/09/2004

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-PHX-SMM by pla Stanley Sved [10-1] (LSP) (Entered: 08/11/2004)

08/11/2004

28 

NOTICE by pla Stanley Sved of Change of Atty Firm Name to Lerach Coughlin Stoia Geller Rudman & Robbins (MAP) (Entered: 08/13/2004)

08/13/2004

30 

MOTION for admission pro hac vice as to Christopher A. Seeger, atty for pla Stanley Sved [30-1] (LSP) (Entered: 08/16/2004)

08/13/2004

31 

MOTION for admission pro hac vice as to David R. Buchanan, atty for pla Stanley Sved [31-1] (LSP) (Entered: 08/16/2004)

08/16/2004

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) (LAD) (Entered: 08/16/2004)

08/17/2004

  

Pro Hac Vice $25 Fee Paid as to Christopher A Seeger (BAS) (Entered: 08/17/2004)

08/17/2004

  

Pro Hac Vice $25 Fee Paid as to David R Buchanan (BAS) (Entered: 08/17/2004)

08/23/2004

32 

MOTION for hearing on competing motions by dft Matrixx Initiatives, dft Carl J Johnson, dft William J Hemelt [32-1] (LAD) (Entered: 08/24/2004)

08/25/2004

33 

MOTION for admission pro hac vice as to Michael G Yoder, atty for dfts [33-1] (DMT) Modified on 08/30/2004 (Entered: 08/30/2004)

08/25/2004

34 

MOTION for admission pro hac vice as to Molly J Magnuson, atty for dfts [34-1] (DMT) (Entered: 08/30/2004)

08/25/2004

35 

MOTION for admission pro hac vice as to Amy J Longo, atty for dfts [35-1] (DMT) (Entered: 08/30/2004)

08/30/2004

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: 08/30/2004)

08/30/2004

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: 08/30/2004)

08/30/2004

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: 08/30/2004)

08/30/2004

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: 08/30/2004)

08/30/2004

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: 08/30/2004)

08/31/2004

  

Pro Hac Vice $25 Fee Paid as to Amy J Longo (BAS) (Entered: 08/31/2004)

08/31/2004

  

Pro Hac Vice $25 Fee Paid as to Molly J Magnuson (BAS) (Entered: 08/31/2004)

08/31/2004

  

Pro Hac Vice $25 Fee Paid as to Michael G Yoder (BAS) (Entered: 08/31/2004)

09/08/2004

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 Monday, October 18, 2004 at 4:00 p.m. before the Honorable Mary H. Murguia. (cc: MHM, all counsel) [41-1] (KSB) (Entered: 09/08/2004)

10/04/2004

42 

MOTION for admission pro hac vice as to Lori G Feldman, atty for pla Stanley Sved [42-1] (MAP) (Entered: 10/06/2004)

10/07/2004

  

Pro Hac Vice $25 Fee Paid as to Lori G Feldman (BAS) (Entered: 10/07/2004)

10/08/2004

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 October 18, 2004 be RESET to October 22, 2004 at 3:00 p.m. before the Honorable Mary H. Murguia. (cc: MHM, all counsel) [43-1] (KSB) (Entered: 10/08/2004)

10/12/2004

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 October 22, 2004 be RESET to October 27, 2004 at 2:30 p.m. before the Honorable Mary H. Murguia. (cc: MHM, all counsel) [44-1] (KSB) (Entered: 10/12/2004)

10/12/2004

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) (MAP) (Entered: 10/12/2004)

10/20/2004

46 

MOTION for admission pro hac vice as to Eric T. Chaffin, atty for pla Stanley Sved [46-1] (MAP) (Entered: 10/21/2004)

10/22/2004

  

Pro Hac Vice $25 Fee Paid as to Eric T Chaffin (BAS) (Entered: 10/22/2004)

10/26/2004

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: 10/26/2004)

10/26/2004

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] (SAT) (Entered: 10/26/2004)

10/26/2004

  

Pro Hac Vice $25 Fee Paid as to Ramzi Abadou (BAS) (Entered: 10/26/2004)

10/27/2004

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-PHX-SMM with this case [10, 7-1]. Oral argument held. IT IS FURTHER ORDERED taking under advisement the Motion to Appoint Lead Plaintiff [10,7-2] and for Approval of Their Selection of Lead Liaison Counsel [10,7-3]. The Court DIRECTS counsel to provide briefing on the conflict issue, if necessary, by November 10, 2004. [cc: MHM, docket clerk] [49-1] (KSB) Modified on 10/28/2004 (Entered: 10/28/2004)

10/29/2004

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) (KMG) (Entered: 10/29/2004)

11/01/2004

51 

Transcript Designation and Ordering Form by dfts re Pretrial Proceedings of 10/27/04 (MAP) (Entered: 11/05/2004)

11/04/2004

52 

Transcript Designation and Ordering Form by movant NECA-IBEW re Pretrial Proceedings of 10/27/04 (MAP) (Entered: 11/05/2004)

11/09/2004

53 

STIPULATION re Dfts' Opposition to Motions for Lead Pla and Lead Counsel by pla, dfts (MAP) (Entered: 11/17/2004)

11/10/2004

54 

POST -Hearing Submission by Kuhler Movants re conflict of interest (MAP) (Entered: 11/17/2004)

11/24/2004

55 

TRANSCRIPT of motions hearing by Court Reporter: Merilyn Sanchez for the following date(s): 10/27/04 (SRB) (Entered: 11/29/2004)

12/09/2004

56 

RETURN OF SERVICE EXECUTED summons/complaint (personal) upon dft William J Hemelt on 5/21/04 (MAP) (Entered: 12/13/2004)

12/09/2004

57 

RETURN OF SERVICE EXECUTED summons/complaint upon William J Hemelt for dft Carl Johnson on 5/21/04 (MAP) (Entered: 12/13/2004)

12/09/2004

58 

RETURN OF SERVICE EXECUTED summons/complaint upon William J Hemelt for dft Matrixx Initiatives on 5/21/04 (MAP) (Entered: 12/13/2004)

01/18/2005

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 2/10/05 (cc: all counsel) (MAP) (Entered: 01/18/2005)

01/21/2005

60 

MOTION for admission pro hac vice as to Scott Saham, atty for movant NECA-IBEW [60-1] (MAP) (Entered: 01/25/2005)

01/21/2005

61 

MOTION for admission pro hac vice as to Lucas F Olts, atty for movant NECA-IBEW [61-1] (MAP) (Entered: 01/25/2005)

01/26/2005

  

Pro Hac Vice $100 Fee Paid as to Lucas F Olts in 2:04-cv-00886 (BAS) Modified on 03/31/2005 (Entered: 01/26/2005)

01/26/2005

  

Pro Hac Vice $100 Fee Paid as to Scott H Saham in 2:04-cv-00886 (BAS) Modified on 03/31/2005 (Entered: 01/26/2005)

01/27/2005

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) (MAP) (Entered: 01/27/2005)

01/27/2005

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) (MAP) (Entered: 01/27/2005)

01/27/2005

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: 01/27/2005)

02/08/2005

65 

STIPULATION re Consolidated Amended Complaint by plas, dfts (MAP) (Entered: 02/14/2005)

02/24/2005

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) (MAP) (Entered: 02/24/2005)

03/04/2005

67 

CONSOLIDATED AMENDED COMPLAINT by pla James V Siracusano [1-1]; terminating pla Stanley Sved, adding dft Timothy L Clarot (MAP) Modified on 05/19/2005 (Entered: 03/08/2005)

03/10/2005

68 

(NOTICE OF) ERRATA by pla James V Siracusano to complaint (amended) [67-1] (MAP) (Entered: 03/21/2005)

03/15/2005

69 

STIPULATION re Dfts' Motion to Dismiss Pla's Consolidated Amendeed Complaint by plas, dfts (MAP) (Entered: 03/21/2005)

03/24/2005

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) (MAP) (Entered: 03/24/2005)

03/30/2005

71 

RETURN OF SERVICE EXECUTED summons/complaint upon Mrs Clarot for dft Timothy L Clarot in 2:04-cv-00886on 3/25/05 (MAP) (Entered: 04/01/2005)

04/04/2005

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] (MAP) (Entered: 04/06/2005)

04/04/2005

73 

MOTION to dismiss case w/prejudice by dfts [73-1] (MAP) (Entered: 04/06/2005)

04/04/2005

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 (MAP) (Entered: 04/06/2005)

04/25/2005

75 

RETURN OF SERVICE EXECUTED summons/complaint upon dft Timothy L Clarot in 2:04-cv-00886on 3/25/05 (SRB) (Entered: 04/25/2005)

04/25/2005

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] (MAP) Modified on 6/18/2010 to include text (Opposition) (KMG). (Entered: 04/27/2005)

04/25/2005

77 

RESPONSE (Opposition) by pla James V Siracusano to Motion to Dismiss Case doc.# 73 by dfts (MAP) Modified on 6/18/2010 to add text (opposition) and relink document (KMG). (Entered: 04/27/2005)

05/09/2005

  

Text not available. (Entered: 05/10/2005)

05/09/2005

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)

05/09/2005

79 

REPLY by dfts in 2:04-cv-00886 to response to motion to dismiss case w/prejudice by dfts [73-1] (DMT) (Entered: 05/10/2005)

05/09/2005

80 

MOTION for hearing on their motion to dismiss and motion to strike by dfts in 2:04-cv-00886 [80-1] (DMT) (Entered: 05/10/2005)

08/18/2005

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)

08/18/2005

  

Copy of document number 81, mailed to R. Abadou on this date. (KSB) (Entered: 08/18/2005)

09/26/2005

82 

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)

10/12/2005

83 

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)

10/17/2005

84 

TRANSCRIPT DESIGNATION AND ORDER FORM by NECA-IBEW for proceedings held on 10/12/2005 before Judge Mary H Murguia. (BAS, ) (Entered: 10/18/2005)

10/20/2005

85 

TRANSCRIPT DESIGNATION AND ORDER FORM by Matrixx Initiatives, Inc. for oral argument proceedings held on 10/12/2005 before Judge Mary H Murguia. (BAS, ) (Entered: 10/24/2005)

11/14/2005

86 

TRANSCRIPT of Motion Hearing Proceedings held on 10/12/2005 before Judge Mary H Murguia. Court Reporter: Merilyn A Sanchez. (BAS, ) (Entered: 11/15/2005)

01/23/2006

87 

NOTICE of Change of Address by Scott H Saham (Saham, Scott) (Entered: 01/23/2006)

03/08/2006

88 

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. (MAP, ) (Entered: 03/08/2006)

03/08/2006

89 

JUDGMENT that this Court having granted Defendants' Motion to Dismiss, Plaintiffs take nothing. This Complaint and action are hereby dismissed without prejudice.(MAP, ) (Entered: 03/08/2006)

03/10/2006

90 

Minute Order: The parties are hereby advised that the Order addressing doc. 72 and 73 was signed on December 15, 2005, but because adjustments associated with the recent transition to CM/ECF the order was not properly docketed. [This is a TEXT ONLY entry. There is no.pdf document attached.](KSP) (Entered: 03/10/2006)

04/03/2006

91 

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 4/5/2006 (LSP). DOCKET TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE. (Entered: 04/03/2006)

04/04/2006

  

USCA Appeal Fees received $ 255 receipt number PHX041352 re 91 Notice of Appeal filed by James V Siracusano, (LSP) (Entered: 04/05/2006)

04/05/2006

  

COPY of CADS Sent re 91 Notice of Appeal: Civil Appeals Docketing Statement sent to 9th Circuit on this date; copy attached to Notice of Appeal; (NOTE: original must be sumbited for the Ninth Circuit) (LSP) (Entered: 04/05/2006)

04/05/2006

  

Appeal Remark re 91 Notice of Appeal: Member case number CV 04-1012 PHX-MHM notated on Copy of Notice of Appeal forwarded to the Ninth Circuit and Ramzi Abadou (LSP) (Entered: 04/05/2006)

04/05/2006

92 

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)

04/05/2006

  

ORIGINAL CADS Sent re 91 Notice of Appeal: Civil Appeals Docketing Statement sent to 9th Circuit on this date. (LSP) (Entered: 04/05/2006)

04/18/2006

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)

04/24/2006

94 

Ninth Circuit Case Number 06-15677 for 91 Notice of Appeal. (LSP) (Entered: 04/24/2006)

05/02/2006

95 

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. (BAS, ) (Entered: 05/03/2006)

05/08/2006

96 

CERTIFICATE OF RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re 91 Notice of Appeal (LSP) (Entered: 05/08/2006)

09/15/2007

97 

Notice re Firm Name Change by NECA-IBEW (Saham, Scott) (Entered: 09/15/2007)

05/15/2009

98 

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. (LAD) (Entered: 05/15/2009)

07/27/2009

  

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)

10/22/2009

99 

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)

03/22/2010

100 

Notice re Firm Name Change by NECA-IBEW (Saham, Scott) (Entered: 03/22/2010)

06/21/2010

101 

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)(LAD) (Entered: 06/21/2010)

12/03/2010

102 

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 UPS. (MHU) (Entered: 12/03/2010)

04/26/2011

103 

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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