US District Court Civil Docket as of 11/11/2011
Retrieved from the court on
November 15, 2011

 

U.S. District Court
Northern District of
Ohio (Toledo)
CIVIL DOCKET FOR CASE #:
3:05-cv-07393-JGC


Plumbers & Pipefitters National Pension Fund, et al v. Burns, et al
Assigned to: Judge James G. Carr

Case in other court:

 6th Circuit, 07-04235

 

6th Circuit, 09-04233

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


Date Filed:
10/12/2005
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Plaintiff

 

Howard Frank
Individually and on behalf of all others similarly situated
TERMINATED:
10/27/2011

represented by

Keith W. Schneider
Maguire & Schneider
Ste. 500
250 Civic Center Drive
Columbus, OH 43215
614-224-1222
Fax: 614-224-1236
Email: kwschneider@ms-lawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David W. Zoll
Zoll, Kranz & Borgess
Ste. 200
6620 Central Avenue
Toledo, OH 43617
419-841-9623
Fax: 419-841-9719
Email: david@toledolaw.com
ATTORNEY TO BE NOTICED

Mark C. Gardy
Abbey Gardy
212 East 39th Street
New York, NY 10016
212-889-3700
Fax: 212-684-5191

Nancy Kaboolian
Abbey, Spanier, Rodd & Abrams
212 East 39th Street
New York, NY 10016
212-889-3700
Fax: 212-684-5191

 

 

 

Plaintiff

 

 

District 1199J-New Jersey Health Care Employers Pension Fund
TERMINATED:
10/27/2011

represented by

Anthony J. Calamunci, Sr.
Roetzel & Andress - Toledo
Ste. 1700
One SeaGate
Toledo, OH 43604
419-242-7985
Fax: 419-242-0316
Email: acalamunci@ralaw.com
TERMINATED: 07/03/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Amy L. Butler
Roetzel & Andress - Toledo
Ste. 1700
One SeaGate
Toledo, OH 43604
419-242-7985
Fax: 419-242-0316
Email: abutler@ralaw.com
TERMINATED: 07/03/2006
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Plumbers & Pipefitters National Pension Fund

represented by

Darren J. Robbins
Robbins Geller Rudman & Dowd - San Diego
Ste. 1900
655 West Broadway
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: e_file_sd@rgrdlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Debra J. Wyman
Robbins Geller Rudman & Dowd - San Diego
Ste. 1900
655 West Broadway
San Diego, CA 92101
619-231-7423
Fax: 619-231-7423
Email: debraw@rgrdlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jack Landskroner
Landskroner Grieco Merriman
Ste. 200
1360 West Ninth Street
Cleveland, OH 44113
216-522-9000
Fax: 216-522-9007
Email: jack@lgmlegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James E. Barz
Robbins Geller Rudman & Dowd - San Diego
Ste. 1900
655 West Broadway
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: jbarz@rgrdlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Laurie L. Largent
Robbins Geller Rudman & Dowd - San Diego
Ste. 1900
655 West Broadway
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: llargent@rgrdlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Samantha A. Smith
Robbins Geller Rudman & Dowd - San Diego
Ste. 1900
655 West Broadway
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

SEIU Pension Plans Master Trust
On Behalf of Themself and All Others Similarly Situated

represented by

Darren J. Robbins
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Debra J. Wyman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jack Landskroner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James E. Barz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Laurie L. Largent
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Samantha A. Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

West Virginia Laborers Pension Trust Fund

represented by

Darren J. Robbins
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Debra J. Wyman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jack Landskroner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James E. Barz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Laurie L. Largent
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Samantha A. Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Dana Corporation
TERMINATED:
10/27/2011

represented by

Joseph P. Thacker
Thacker Martinsek - Perrysburg
3235 Levis Common Blvd.
Perrysburg, OH 43551
419-931-6910
Fax: 419-931-6911
Email: jthacker@tmlpa.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher J. Timmermans
INVALID ADDRESS - Cooper & Walinski - Toledo
900 Adams Street
Toledo, OH 43604
419-249-1024
Fax: 419-720-3435
Email: timmermans@cooperwalinski.com
TERMINATED: 01/29/2009

 

 

 

Defendant

 

 

Michael J. Burns

represented by

Joseph P. Thacker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard S. Walinski
Cooper & Walinski - Toledo
900 Adams Street
Toledo, OH 43604
419-241-1200
Fax: 419-242-5675
Email: walinski@cooperwalinski.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Robert C. Richter

represented by

Joseph P. Thacker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard S. Walinski
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Movant

 

 

Plumbers & Pipefitters National Pension Fund
TERMINATED:
10/27/2011

represented by

Jack Landskroner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James E. Barz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Debra J. Wyman
(See above for address)
ATTORNEY TO BE NOTICED

Laurie L. Largent
(See above for address)
ATTORNEY TO BE NOTICED

Samantha A. Smith
Robbins Geller Rudman & Dowd - San Diego
INVALID ADDRES--Ste. 1900
655 West Broadway
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
TERMINATED: 07/07/2011

 

 

 

Movant

 

 

SEIU Pension Plans Master Trust
TERMINATED:
10/27/2011

represented by

Debra J. Wyman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jack Landskroner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Laurie L. Largent
(See above for address)
ATTORNEY TO BE NOTICED

Samantha A. Smith
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

West Virginia Laborers Pension Trust Fund
TERMINATED: 10/27/2011

represented by

Debra J. Wyman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jack Landskroner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James E. Barz
(See above for address)
ATTORNEY TO BE NOTICED

Laurie L. Largent
(See above for address)
ATTORNEY TO BE NOTICED

Samantha A. Smith
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

3rd Party Plaintiff

 

 

Cleveland Bakers & Teamsters Pension Fund

represented by

Scott D. Simpkins
Climaco, Lefkowitz, Peca, Wilcox & Garofoli - Cleveland
Ste. 1950
55 Public Square
Cleveland, OH 44113
216-621-8484
Fax: 216-771-1632
Email: sdsimp@climacolaw.com
ATTORNEY TO BE NOTICED

 

 

 

3rd Party Plaintiff

 

 

United Food & Commercial Workers Staff Pension Fund

represented by

Ann L. Lugbill
Murphy Anderson - Cincinnati
2406 Auburn Avenue
Cincinnati, OH 45219
513-784-1280
Fax: 513-784-1449
Email: alugbill@murphypllc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

3rd Party Plaintiff

 

 

City of Philadelphia, Board of Pension and Retirement

represented by

Joseph M. Callow , Jr.
Keating, Muething & Klekamp
1400 Provident Tower
One East Fourth Street
Cincinnati, OH 45202
513-579-6419
Fax: 513-579-6457
Email: jcallow@kmklaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

3rd Party Plaintiff

 

 

Public Employees' Retirement System of Mississippi

represented by

David W. Zoll
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

10/12/2005

1 

Complaint with jury demand against Dana Corporation, Michael J. Burns, Robert C. Richter (3 summons and Magistrate Consent Forms issued). Filed by Howard Frank. Filing fee paid; receipt number 321010. (Attachments: # 1 Civil Cover Sheet)(R, Ci) Modified text on 10/14/2005 (P, G). (Entered: 10/13/2005)

12/05/2005

2 

Motion to consolidate cases , to be Appointed Lead Plaintiff, and to Approve Proposed Lead Plaintiff's Choice of Counsel filed by Cleveland Bakers & Teamsters Pension Fund. (Attachments: # 1 Brief in Support # 2 Notice of Filing# 3 Affidavit in Support of Motion# 4 Exhibit A# 5 Exhibit B# 6 Exhibit C# 7 Exhibit D (1 of 2)# 8 Exhibit D (2 of 2)# 9 Proposed Order # 10 Certificate of Service)(Simpkins, Scott) (Entered: 12/05/2005)

12/05/2005

3 

Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Lead and Liaison Counsel filed by United Food & Commercial Workers Staff Pension Fund. (Attachments: # 1 Brief in Support # 2 Declaration of Ann Lugbill, Esq.# 3 Exhibit A First Notice# 4 Exhibit B Certification of UFCW Staff Pension Fund# 5 Exhibit C Loss Chart# 6 Exhibit D Milberg Weiss Resume# 7 Exhibit E Ann Lugbill Firm Resume# 8 Proposed Order)(Lugbill, Ann) (Entered: 12/05/2005)

12/05/2005

4 

Motion to consolidate cases , to be Appointed Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel filed by District 1199J-New Jersey Health Care Employers Pension Fund. (Attachments: # 1 Brief in Support # 2 Affidavit of Anthony J. Calamunci in Support of Motion# 3 Certificate of Service# 4 Proposed Order)(Calamunci, Sr., Anthony) (Entered: 12/05/2005)

12/05/2005

5 

Motion for appointment of counsel , Lead Counsel and Consolidation of All Cases filed by City of Philadelphia, Board of Pension and Retirement. (Callow, Jr., Joseph) (Entered: 12/05/2005)

12/05/2005

6 

Memorandum In Support of Motion for appointment of counsel , Lead Counsel and Consolidation of All Cases filed by City of Philadelphia, Board of Pension and Retirement. Related document(s) 5 . (Callow, Jr., Joseph) (Entered: 12/05/2005)

12/05/2005

7 

Affidavit/Declaration of Mark R. Rosen in Support of Motion for Consolidation of All Cases filed by City of Philadelphia, Board of Pension and Retirement. Related document(s) 6 , 5 . (Callow, Jr., Joseph) (Entered: 12/05/2005)

12/05/2005

8 

Notice of Service of Motion to consolidate and related pleadings filed by City of Philadelphia, Board of Pension and Retirement. Related document(s) 7 , 6 , 5 . (Callow, Jr., Joseph) Modified on 12/7/2005 (R, Ci). (Entered: 12/05/2005)

12/05/2005

9 

Motion to consolidate cases , Appointment as Lead Plaintiff, and for Approval of its Selection of Lead Counsel filed by Public Employees' Retirement System of Mississippi. (Attachments: # 1 Memorandum in Support# 2 Declaration of Joseph R. Seidman, Jr. in Support of Motion# 3 Exhibits to Joseph R. Seidman's Declaration# 4 Proposed Order)(Zoll, David) (Entered: 12/05/2005)

12/05/2005

10 

Motion to consolidate cases ; Appointment of the Pension Trust Fund Group as Lead Plaintiff and Approval of its Selection of Lead Counsel filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Brief in Support # 2 Declaration of Jack Landskroner# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Proposed Order)(Landskroner, Jack) (Entered: 12/05/2005)

12/19/2005

11 

Notice of Hearing: A Pretrial Conference is set for 1/10/2006 at 2:00 PM. Out of town counsel may participate by phone. Out of town counsel shall set up the conference call and notify chambers of the number and pass-code. Local counsel to attend the conference in person. (S, A L) (Entered: 12/19/2005)

12/19/2005

12 

Memorandum In Support of Motion to consolidate cases , Appointment as Lead Plaintiff, and for Approval of its Selection of Lead Counsel and in Opposition to All Competing Motions filed by Howard Frank. Related document(s) 9 . (Attachments: # 1)(Zoll, David) (Entered: 12/19/2005)

12/22/2005

13 

Notice of Withdrawal of Motion to be Appointed Lead Plaintiff filed by Cleveland Bakers & Teamsters Pension Fund. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)Related document(s) 2 . (Simpkins, Scott) (Entered: 12/22/2005)

12/22/2005

14 

Opposition to Motion for appointment of counsel , Lead Counsel and Consolidation of All Cases, Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Lead and Liaison Counsel, Motion to consolidate cases ; Appointment of the Pension Trust Fund Group as Lead Plaintiff and Approval of its Selection of Lead Counsel, Motion to consolidate cases , to be Appointed Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel, Motion to consolidate cases , to be Appointed Lead Plaintiff, and to Approve Proposed Lead Plaintiff's Choice of Counsel, Motion to consolidate cases , Appointment as Lead Plaintiff, and for Approval of its Selection of Lead Counsel filed by City of Philadelphia, Board of Pension and Retirement. Related document(s) 5 , 3 , 10 , 4 , 2 , 9 . (Attachments: # 1 Declaration of Mark Rosen with Exhibits)(Callow, Jr., Joseph) (Entered: 12/22/2005)

12/22/2005

15 

Memorandum In Support of Motion to consolidate cases ; Appointment of the Pension Trust Fund Group as Lead Plaintiff and Approval of its Selection of Lead Counsel and in Opposition to the Competing Motions filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. Related document(s) 10 . (Attachments: # 1 Exhibit A# 2 Exhibit A# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K)(Landskroner, Jack) (Entered: 12/22/2005)

01/03/2006

16 

Scheduling Order extending filing deadline to January 6, 2006. Signed by Judge James G. Carr on 1-3-06. (S, G) (Entered: 01/03/2006)

01/06/2006

17 

Reply to response to Motion to consolidate cases , Appointment as Lead Plaintiff, and for Approval of its Selection of Lead Counsel filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. Related document(s) 9 . (Attachments: # 1 Declaration of William Hite# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E)(Landskroner, Jack) (Entered: 01/06/2006)

01/06/2006

18 

Reply Memorandum In Support of Motion to consolidate cases , Appointment as Lead Plaintiff, and for Approval of its Selection of Lead Counsel and in Further Opposition to all Competing Motions filed by Public Employees' Retirement System of Mississippi. Related document(s) 9 . (Attachments: # 1 Exhibit A-D)(Zoll, David) (Entered: 01/06/2006)

01/09/2006

19 

Motion for appearance pro hac vice of Darren J. Robbins, Michael J. Dowd and Ramzi Abadou filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Exhibit A)(Landskroner, Jack) (Entered: 01/09/2006)

01/09/2006

20 

Motion for appearance pro hac vice of Stanley Bernstein, Esq. filed by Public Employees' Retirement System of Mississippi. (Attachments: # 1 Affidavit of Stanley Bernstein, Esq.)(Zoll, David) (Entered: 01/09/2006)

01/09/2006

21 

Reply to response to Motion for appointment of counsel , Lead Counsel and Consolidation of All Cases filed by City of Philadelphia, Board of Pension and Retirement. Related document(s) 5 . (Attachments: # 1 Affidavit of Mark Rosen# 2 Exhibit A to Rosen Declaration# 3 Exhibit B to Rosen Declaration# 4 Exhibit C to Rosen Declaration# 5 Exhibit D to Rosen Declaration# 6 Exhibit E to Rosen Declaration# 7 Exhibit F to Rosen Declaration# 8 Exhibit G to Rosen Declaration)(Callow, Jr., Joseph) (Entered: 01/09/2006)

01/09/2006

22 

Reply to response to Motion to consolidate cases ; Appointment of the Pension Trust Fund Group as Lead Plaintiff and Approval of its Selection of Lead Counsel filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. Related document(s) 10 . (Attachments: # 1 Joint Declaration# 2 Exhibit 1# 3 Exhibit 2)(Landskroner, Jack) (Entered: 01/09/2006)

01/09/2006

23 

Motion for leave to File Sur-Reply Memorandum of Law Instanter in Further Support of the Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel, and in Further Opposition to the Reply Memorandum of the Pension Group filed by Public Employees' Retirement System of Mississippi. Related document(s) 18 . (Attachments: # 1 Pleading Sur-Reply Memorandum in Support# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H)(Zoll, David) (Entered: 01/09/2006)

01/10/2006

  

Financial Transaction in the amount of $570.00 received for motion to appear pro hac vice by attorneys Darren J. Robbins, Michael J. Dowd and Ramzi Abadou, Receipt # 675527 Related document(s) 19 . (C, BA) (Entered: 01/10/2006)

01/18/2006

24 

ORDER. Pretrial conference held 1/10/06. Ordered that motions to consolidate (Related Doc # 3 , # 4 , # 5 , # 9 , # 10 ) granted, with 3:05CV7388 deemed as lead consolidated case. All pleadings to be filed on lead consolidated case. Oral arguments re. pending motions set for 2/14/2006 08:30 AM in Courtroom 204 before Hon. James G. Carr. Motions for appearance pro hac vice by Darren J. Robbins, Michael J. Dowd and Ramzi Abadou (Related Doc # 19 ), by Stanley Bernstein (Related Doc # 20 ) are granted. Counsel to file notice of appearance and pay pro hac vice filing fee by 1/27/06. Leave granted to counsel to pay one filing fee for all of above consolidated cases. Scheduling held in abeyance pending hearing scheduled for 2/14/06. Track: Complex . Signed by Chief Judge James G. Carr on 1/18/06.(G, D) Modified on 1/25/2006 (R, Ci). (Entered: 01/18/2006)

01/18/2006

  

Financial Transaction in the amount of $190.00 received for motion to appear pro hac vice by attorney Stanley Bernstein, Receipt # 321514 Related document(s) 41 . (G, D) (Entered: 01/20/2006)

01/25/2006

25 

Attorney Appearance by James E. Burke filed by on behalf of City of Philadelphia, Board of Pension and Retirement. (Burke, James) (Entered: 01/25/2006)

01/26/2006

  

Financial Transaction in the amount of $190.00 received for motion to appear pro hac vice by attorney Mark R. Rosen, Receipt # 321550 Related document(s) 39 . (G, D) (Entered: 01/26/2006)

01/26/2006

26 

Motion for appearance pro hac vice of Jeffrey T. Spinazzola filed by Louisiana School Employees' Retirement System. (Murray, Jr., Dennis) (Entered: 01/26/2006)

01/26/2006

27 

Proposed Order to Motion for Admission Pro Hac Vice filed by Louisiana School Employees' Retirement System. (Murray, Jr., Dennis) (Entered: 01/26/2006)

01/26/2006

28 

Attorney Appearance of Jeffrey T. Spinazzola by Dennis E. Murray, Jr. filed by on behalf of Louisiana School Employees' Retirement System. (Murray, Jr., Dennis) (Entered: 01/26/2006)

01/26/2006

29 

Motion for appearance pro hac vice of Jeffrey T. Spinazzola filed by Louisiana School Employees' Retirement System. (Attachments: # 1 Certificate of Good Standing)(Murray, Jr., Dennis) (Entered: 01/26/2006)

02/02/2006

30 

Notice of Supplemental Authority filed by SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund, Plumbers & Pipefitters National Pension Fund. (Attachments: # 1 Exhibit A# 2 Exhibit B)Related document(s) 22 . (Landskroner, Jack) (Entered: 02/02/2006)

02/15/2006

  

Minutes (Non-Document) of proceedings. Oral arugments held on 2/14/206 before Judge James G. Carr. Matter taken under advisement. (Court Reporter Tracy Spore.)Related document(s) 19 , 22 , 17 , 10 , 12 , 13 . (S, A L) (Entered: 02/15/2006)

02/15/2006

31 

Non-Appeal Transcript Order Form for proceedings held on 1/10/06; 2/14/06 before Judge Carr, Court Reporter: Tracy Spore. Requested completion date: 2/28/06 filed by Dana Corporation. (Thacker, Joseph) (Entered: 02/15/2006)

03/07/2006

32 

Order: parties shall advise this court by March 15, 2006 what action, if any, this court can or should take in the event that the bankruptcy court issues an order of stay where Dana Corporation is a party . Signed by Judge James G. Carr on 3/7/2006. Associated Cases: 3:05-cv-07388-JGC,3:05-cv-07393-JGC,3:05-cv-07406-JGC,3:05-cv-07417-JGC,3:05-cv-07457-JGC(S, A L) (Entered: 03/07/2006)

03/09/2006

33 

Response to Court Order Dated March 7, 2006 filed by Public Employees' Retirement System of Mississippi. Related document(s) 66 . (Zoll, David) Modified on 3/16/2006 (B, T). (Entered: 03/09/2006)

03/14/2006

34 

Letter response to 3-7-06 order filed by Dana Corporation. (Thacker, Joseph) (Entered: 03/14/2006)

03/15/2006

35 

Response to the Court's March 17, 2006 Show Cause Order filed by SEIU Pension Plans Master Trust. Related document(s) 66 . (Abadou, Ramzi) Modified on 3/17/2006 (G, D). (Entered: 03/15/2006)

03/15/2006

36 

Affidavit/Declaration of Ramzi Abadou filed by SEIU Pension Plans Master Trust. Related document(s) 73 . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Abadou, Ramzi) (Entered: 03/15/2006)

03/15/2006

37 

Brief addressing bankruptcy petition filed by Dana Corporation filed by City of Philadelphia, Board of Pension and Retirement. (Attachments: # 1 Creighton Declaration# 2 Creighton Declaration Exhibit A) (Callow, Jr., Joseph) Modified on 3/17/2006 (G, D). (Entered: 03/15/2006)

04/07/2006

  

Remark: Case no. 3:05cv7393 is now the "Lead" consolidated case. Counsel to file all further pleadings on the lead consolidated case. (S, A L) (Entered: 04/07/2006)

04/20/2006

38 

Brief in Opposition to Motion for Reconsideration Filed by Pension Trust Fund Group filed by City of Philadelphia, Board of Pension and Retirement. (Attachments: # 1 Declaration of Mark Rosen# 2 Exhibit A to Rosen Declaration) (Callow, Jr., Joseph) (Entered: 04/20/2006)

04/28/2006

39 

Proposed Stipulation Extending Time to File Consolidated Amended Class Action Complaint filed by City of Philadelphia, Board of Pension and Retirement. (Callow, Jr., Joseph) (Entered: 04/28/2006)

05/04/2006

40 

Memorandum of Points and Authorities in support of motion for consideration filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Robbins, Darren) Modified on 5/5/2006 (G, D). (Entered: 05/04/2006)

05/04/2006

41 

Supplemental Affidavit/Declaration of Darren J. Robbins in Support of Pension Trust Fund Group's Motion for Reconsideration filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. Related document(s) 40 . (Attachments: # 1 Exhibit # 2 Exhibit B# 3 Exhibit C)(Robbins, Darren) (Entered: 05/04/2006)

05/10/2006

42 

Stipulation & Order: Lead plaintiff will serve a consolidated amended class action complaint within 60 days after the disposition of the pending motion for reconsideration of the court's lead plaintiff order. All other deadlines shall remain unchanged . Signed by Judge James G. Carr on 5/8/2006. Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC (S, A L) Modified on 5/11/2006 (B, T). (Entered: 05/10/2006)

05/24/2006

43 

Order: the PTFG's motion for reconsideration is granted. The PTFG is appointed lead plaintiff. The PTFG's selection of Lerach, Doughlin, Stoia, Geller, Rudman & Robbin LLP to serve as class counsel is approved. Signed by Judge James G. Carr on 5/24/2006. (S, A L) (Entered: 05/24/2006)

06/09/2006

44 

Letter in Response to City of Philadelphia's June 8, 2006 letter filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Robbins, Darren) (Entered: 06/09/2006)

06/09/2006

45 

Motion for attorney Debra J. Wyman to Appear Pro Hac Vice, filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust and West Virginia Laborers Pension Trust Fund. Filing fee paid of $190.00, receipt number 14660001775. (Attachments: # 1 Exhibit A# 2 Proposed Order) (Landskroner, Jack) Modified on 6/13/2006 (B, T). (Entered: 06/09/2006)

06/19/2006

46 

Order granting Motion for appearance pro hac vice by attorney Debra J. Wyman for Plumbers & Pipefitters National Pension Fund (Related Doc # 45 ). Signed by Judge James G. Carr on 6/19/2006.(S, A L) (Entered: 06/19/2006)

06/29/2006

47 

Order: This issue has been fully briefed twice. In both instances, all parties relied on only one set of calculations, those provided by the City. To the extent that party now wishes to dispute those calculations, any challenge is at the very least likely waived (as counsel failed to raise it earlier). Accordingly, this Court's lead plaintiff decision shall remain undisturbed. . Signed by Judge James G. Carr on 6/29/2006. (S, A L) (Entered: 06/29/2006)

06/29/2006

  

Notice of Hearing (non document): A Pretrial Conference set for 7/11/2006 at 1:00 PM, before Judge James G. Carr, 1716 Spielbusch, Room 210, Toledo, Ohio. (S, A L) (Entered: 06/29/2006)

07/03/2006

48 

Notice of Withdrawal of Anthony Calamunci, Sr., and Amy L. Butler as counsel filed by District 1199J-New Jersey Health Care Employers Pension Fund. (Calamunci, Sr., Anthony) Modified on 7/6/2006 (B, T). (Entered: 07/03/2006)

07/13/2006

49 

Order of Conference held on 7/11/2006. Leave granted to plaintiff to file complaint on or before August 1, 2006. Defendants to answer or otherwise plead on or before October 2, 2006. If defendants move to dismiss, plaintiffs' opposition due December 1, 2006; reply due January 17, 2007; leave granted to all parties to exceed brief page limitations without further motion or order. Oral argument to be held January 30, 2007 at 8:30 a.m.. Signed by Judge James G. Carr on 7/11/2006. Associated Cases: 3:05-cv-07393-JGC,3:05-cv-07406-JGC,3:05-cv-07417-JGC,3:05-cv-07457-JGC(S, A L) (Entered: 07/13/2006)

07/27/2006

50 

Proposed Stipulation and [Proposed] Order regarding 49 Order, filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Exhibit 1# 2 Exhibit 2) (Landskroner, Jack) Modified on 7/31/2006 (B, T). (Entered: 07/27/2006)

07/31/2006

51 

Stipulation & Order. 50 In 05-7393 schedule modified as follows: Complaint to be filed on or before 8/15/06. Answer due 10/16/06. If defendants move to dismiss, opposition due 12/8/06, reply due 1/19/07. In 06-7068 schedule modified as follows: Partial motion to dismiss due 10/16/06, opposition due 12/8/06, reply due 1/19/07. Signed by Judge James G. Carr on 7/31/06. Associated Cases: 3:05-cv-07393-JGC,3:05-cv-07406-JGC,3:05-cv-07417-JGC,3:05-cv-07457-JGC(A, P) (Entered: 07/31/2006)

08/15/2006

52 

Consolidated Class Action Complaint for Violation of the Securities Exchange Act of 1934 with jury demand against Michael J. Burns, Robert C. Richter, filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Robbins, Darren) Modified on 8/17/2006 to edit text (B, T). (Entered: 08/15/2006)

08/23/2006

53 

Transcript of Status Conference Proceedings held on 7/11/06 before Judge James G. Carr filed manually. To obtain a bound copy of this transcript please contact Court Reporter: Angela D. Nixon at 419-260-5259. Complete document on file, 25 pages. (B, T) (Entered: 08/23/2006)

10/16/2006

54 

Motion to dismiss the Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. (Thacker, Joseph) (Entered: 10/16/2006)

10/16/2006

55 

Affidavit/Declaration Of Anthony Paccione In Support Of Motion To Dismiss The Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. Related document(s) 54 . (Attachments: # 1 Exhibit A-Part 1# 2 Exhibit A-Part 2# 3 Exhibit A-Part 3# 4 Exhibit A-Part 4# 5 Exhibit A-Part 5# 6 Exhibit A-Part 6# 7 Exhibit A-Part 7# 8 Exhibit B# 9 Exhibit C# 10 Exhibit D# 11 Exhibit E# 12 Exhibit F# 13 Exhibit G# 14 Exhibit H# 15 Exhibit I# 16 Exhibit J# 17 Exhibit K# 18 Exhibit L# 19 Exhibit M# 20 Exhibit N# 21 Exhibit O# 22 Exhibit P# 23 Exhibit Q# 24 Exhibit R# 25 Exhibit S# 26 Exhibit T# 27 Exhibit U# 28 Exhibit V# 29 Exhibit W# 30 Exhibit X-Part 1# 31 Exhibit X-Part 2# 32 Exhibit X-Part 3# 33 Exhibit X-Part 4# 34 Exhibit X-Part 5# 35 Exhibit X-Part 6# 36 Exhibit X-Part 7# 37 Exhibit X-PArt 8# 38 Exhibit X- Part 9# 39 Exhibit X-Part 10# 40 Exhibit Y-Part 1# 41 Exhibit Y-Part 2# 42 Exhibit Z# 43 Exhibit AA# 44 Exhibit BB-Part 1# 45 Exhibit BB-Part 2# 46 Exhibit CC# 47 Exhibit DD-Part 1# 48 Exhibit DD-Part 2# 49 Exhibit EE)(Thacker, Joseph) (Entered: 10/16/2006)

10/16/2006

56 

Memorandum In Support of Motion to dismiss the Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. Related document(s) 54 . (Thacker, Joseph) (Entered: 10/16/2006)

10/16/2006

57 

Notice of Service Of The Motion Of Defendants Michael J. Burns and Robert C. Richter To Dismiss The Consolidated Complaint, Memo Of Law In Support and Declaration of Anthony Paccione In Support, and Exhibits Anned Thereto, filed by Michael J. Burns, Robert C. Richter. Related document(s) 54 , 55 , 56 . (Thacker, Joseph) Modified on 11/6/2006 (G, D). (Entered: 10/16/2006)

12/08/2006

58 

Opposition to Motion to dismiss the Consolidated Complaint filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. Related document(s) 54 . (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Wyman, Debra) Modified on 12/12/2006 (G, D). (Entered: 12/08/2006)

01/19/2007

59 

Supplemental Declaration of Anthony L. Paccione in further support of defendants' motion to dismiss consolidated complaint dated 10/16/06 filed by Michael J. Burns, Robert C. Richter. 54 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S)(Thacker, Joseph) Modified on 1/22/2007 (G, D). (Entered: 01/19/2007)

01/19/2007

60 

Reply Memorandum In Support of 54 Motion to dismiss the Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. (Thacker, Joseph) (Entered: 01/19/2007)

01/19/2007

61 

Notice of Service Re: Reply Memorandum In Further Support of Defendants' Motion To Dismiss; and Declaration of Anthony Paccione with Exhibits A-S filed by Michael J. Burns, Robert C. Richter. Related document(s) 59 , 60 .(Thacker, Joseph) (Entered: 01/19/2007)

01/29/2007

62 

Notice of Service of Reply Memorandum In Further Support Of Defendants' Motion To Dismiss; And Declaration Of Anthony L. Paccione With Exhibits A-S Upon District 1199 J-New Jersey Health Care Employers Pension Fund by Federal Express On 1/19/07 filed by Michael J. Burns, Robert C. Richter. Related document(s) 59 , 60 .(Thacker, Joseph) Modified on 1/31/2007 (G, D). (Entered: 01/29/2007)

01/30/2007

  

Minutes of proceedings [Non Document]: Oral Arguments held on 1/30/2007 before Judge James G. Carr. (Court Reporter Angela Nixon.) (S,AL) (Entered: 01/30/2007)

01/31/2007

  

Remark: Counsel to provide the Court with case abstracts re. motion to dismiss by 2/15/07. (S,AL) (Entered: 01/31/2007)

02/15/2007

63 

Supplemental Memorandum In Support of 54 Motion to dismiss the Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. (Attachments: # 1 Appendix A-Part 1# 2 Appendix A-Part 2# 3 Appendix B-Part 1# 4 Appendix B-Part 2# 5 Appendix C# 6 Appendix D-Part 1# 7 Appendix D-Part 2# 8 Appendix E# 9 Appendix F)(Thacker, Joseph) (Entered: 02/15/2007)

02/15/2007

64 

Notice of Service Of Supplemental Memorandum In Support of Defendants' Motion To Dismiss with Appendices filed by Michael J. Burns, Robert C. Richter. Related document(s) 63 .(Thacker, Joseph) (Entered: 02/15/2007)

02/15/2007

65 

Supplement Submission in Opposition to (54 in 3:05-cv-07393-JGC) Motion to dismiss the Consolidated Complaint filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Tab 1, Part 1 of 3, Helwig Amended Complaint# 2 Tab 1, Part 2 of 3, Helwig Amended Complaint# 3 Tab 1, Part 3 of 3, Helwig Amended Complaint# 4 Tab 2, Part 1 of 3, Texlon Amended Complaint# 5 Tab 2, Part 2 of 3, Texlon Amended Complaint# 6 Tab 2, Part 3 of 3, Texlon Amended Complaint# 7 Tab 3, Part 1 of 2, Advanced Lighting First Amended Complaint# 8 Tab 3, Part 2 of 2, Advanced Lighting First Amended Complaint# 9 Tab 4, Part 1 of 3, PhyCor First Amended Complaint# 10 Tab 4, Part 2 of 3, PhyCor First Amended Complaint# 11 Tab 4, Part 3 of 3, PhyCor First Amended Complaint# 12 Tab 5, PhyCor Order)Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC(Wyman, Debra) Modified on 2/20/2007 (G, D). (Entered: 02/15/2007)

02/16/2007

66 

First Motion to partially lift discovery stay filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Memorandum of law in support of lead plaintiff's motion to partially lift the discovery stay for limited discovery# 2 Exhibit A, Delphi Opinion and Order# 3 Exhibit B, Dana Corp. Form 8-K# 4 Exhibit C, Rough Hearing Transcript of 1/30/07# 5 Proposed Order )Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC(Wyman, Debra) Modified on 2/20/2007 (G, D). (Entered: 02/16/2007)

03/02/2007

67 

Transcript of Oral Arguments Proceedings held on 1/30/07 before Judge James G. Carr filed manually. To obtain a bound copy of this transcript please contact Court Reporter Angela Nixon at 419-260-5259. Complete document on file, 129 pages. Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC (A,P) (Entered: 03/02/2007)

03/05/2007

68 

Brief In Opposition To Plaintiffs' Motion To Lift The Mandatory PSLRA Discovery Stay filed by Michael J. Burns, Robert C. Richter. Related document(s) 66 . (Attachments: # 1 Exhibit A# 2 Exhibit B) (Thacker, Joseph) (Entered: 03/05/2007)

03/05/2007

69 

Notice of Service Of Defendants' Memorandum Of Law In Opposition To Plaintiffs' Motion To Lift The Mandatory PSLRA Discovery Stay And The Exhibits Affixed Thereto filed by Michael J. Burns, Robert C. Richter. Related document(s) 68 .(Thacker, Joseph) (Entered: 03/05/2007)

03/19/2007

70 

Lead Plaintiffs' Reply Brief (30 in 3:05-cv-07457-JGC, 66 in 3:05-cv-07393-JGC, 56 in 3:05-cv-07417-JGC, 53 in 3:05-cv-07406-JGC) in support of motion to partially lift the discovery stay for limited discovery filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC(Wyman, Debra) Modified on 3/20/2007 (G, D). (Entered: 03/19/2007)

04/03/2007

  

Notice of Hearing (non document): A Telephone Pretrial Conference (re. pending motions) set for 4/5/2007 at 10:00 AM (note time change). Counsel shall call the Court's bridge line at: 419-213-5509, access code 550911. Counsel shall call chambers and notify Joyce of your desire to attend the conference call. Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC (S,AL) (Entered: 04/03/2007)

04/09/2007

71 

Order of Pretrial Conference held on 4/5/2007. Leave granted to plaintiffs to file request to produce documents by April 13, 2007; defendants granted leave to respond by April 30, 2007. Argument re. pending motion to lift stay re. discovery to be held Friday, May 4, 2007, commencing at 10:00 a.m.. Signed by Judge James G. Carr on 4/9/2007.Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC(S,AL) (Entered: 04/09/2007)

04/11/2007

72 

Non-Appeal Transcript Order Form for proceedings held on 04/05/07 before Judge Carr, Court Reporter: Tracy Spore. Requested completion date: 04/17/07 filed by Dana Corporation. (Timmermans, Christopher) (Entered: 04/11/2007)

04/11/2007

73 

Expedited Non-Appeal Transcript Order Form for proceedings held on April 5, 2007 before Judge Judge Carr, Court Reporter: Tracy Spore. Requested completion date: April 18, 2007 filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Wyman, Debra) (Entered: 04/11/2007)

04/13/2007

74 

Transcript of Telephone Conference Proceedings held on 4/5/07 before Judge James G. Carr filed manually. To obtain a bound copy of this transcript please contact Court Reporter Tracy Spore at 419-243-3607. Complete document on file, 29 pages. Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC (A,P) (Entered: 04/13/2007)

04/13/2007

75 

Supplemental document requests relating to the motion to partially lift the discovery stay filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. Related document(s)(59 in 3:05-cv-07417-JGC, 71 in 3:05-cv-07393-JGC, 33 in 3:05-cv-07457-JGC, 56 in 3:05-cv-07406-JGC). (Wyman, Debra) Modified on 4/16/2007 (G, D). (Entered: 04/13/2007)

04/30/2007

76 

Brief In Opposition To Plaintiffs' Document Requests And In Further Opposition To Lifting The Mandatory PSLRA Discovery Stay filed by Michael J. Burns, Robert C. Richter. Related document(s) 66 , 75 . (Attachments: # 1 Exhibit A, Transcript Of Telephone Conference Before The Hon. James Carr# 2 Exhibit B, Memorandum & Order# 3 Exhibit C Part 1, Consolidated Complaint For Violations Of The Federal Securities Laws# 4 Exhibit C Part 2, Consolidated Complaint For Violations Of The Federal Securities Laws# 5 Exhibit C Part 3, Consolidated Complaint For Violations Of The Federal Securities Laws# 6 Exhibit C Part 4, Consolidated Complaint For Violations Of The Federal Securities Laws# 7 Exhibit D, Proposed Lead Plaintiff The Institutional Investors Group's Memorandum Of Points And Authorities In Support Of Motion For Lifting Of Discovery Stay) (Thacker, Joseph) (Entered: 04/30/2007)

04/30/2007

77 

Notice of Service Of Defendants' Memorandum In Opposition To Plaintiffs' Document Requests And In Further Opposition To Lifting The Mandatory PSLRA Discovery Stay And The Exhibits Affixed Thereto filed by Michael J. Burns, Robert C. Richter. Related document(s) 76 .(Thacker, Joseph) (Entered: 04/30/2007)

06/08/2007

78 

Transcript of Oral Argument Proceedings held on 5/4/07 before Judge James G. Carr filed manually. To obtain a bound copy of this transcript please contact Court Reporter Tracy Spore at 419-243-3607. Complete document on file, 54 pages. Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC (A,P) (Entered: 06/08/2007)

06/14/2007

79 

Order: plaintiffs' motion to lift the PSLRA stay of discovery is denied. (Related Doc # 66) (Related Doc # 53) (Related Doc # 56) (Related Doc # 30). Signed by Judge James G. Carr on 6/14/2007.Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC(S,AL) (Entered: 06/14/2007)

06/18/2007

80 

Amended Order: plaintiffs' motion to lift the PSLRA stay of discovery is denied. Signed by Judge James G. Carr on 6/18/2007.Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC(S,AL) (Entered: 06/18/2007)

06/19/2007

81 

Notice of Recent Authority filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Exhibit A, Ferro Memorandum Opinion & Order)Related document(s)(29 in 3:05-cv-07457-JGC, 52 in 3:05-cv-07406-JGC, 55 in 3:05-cv-07417-JGC, 65 in 3:05-cv-07393-JGC).Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC(Wyman, Debra) (Entered: 06/19/2007)

06/26/2007

82 

Notice of Recent U.S. Supreme Court Authority filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Exhibit A, Tellabs Slip Opinion, June 21, 2007)Related document(s)(29 in 3:05-cv-07457-JGC, 52 in 3:05-cv-07406-JGC, 55 in 3:05-cv-07417-JGC, 65 in 3:05-cv-07393-JGC).Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC (Wyman, Debra) (Entered: 06/26/2007)

07/02/2007

83 

Notice Of Defendants' Response To Plaintiffs' Notice Of Recent U.S. Supreme Court Authority filed by Michael J. Burns, Robert C. Richter. Related document(s)(39 in 3:05-cv-07457-JGC, 65 in 3:05-cv-07417-JGC, 62 in 3:05-cv-07406-JGC, 81 in 3:05-cv-07393-JGC), (40 in 3:05-cv-07457-JGC, 63 in 3:05-cv-07406-JGC, 82 in 3:05-cv-07393-JGC, 66 in 3:05-cv-07417-JGC).Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC(Thacker, Joseph) (Entered: 07/02/2007)

07/02/2007

84 

Notice of Service Of Defendants' Response To Plaintiffs' Notice Of Recent U.S. Supreme Court Authority filed by Michael J. Burns, Robert C. Richter. Related document(s)(41 in 3:05-cv-07457-JGC, 83 in 3:05-cv-07393-JGC, 67 in 3:05-cv-07417-JGC, 64 in 3:05-cv-07406-JGC).Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC(Thacker, Joseph) (Entered: 07/02/2007)

08/01/2007

85 

Notice of Supplemental Authority filed by Michael J. Burns and Robert C. Richter. Related document(s) 54 .(Thacker, Joseph) Modified on 8/2/2007 (G, D). (Entered: 08/01/2007)

08/13/2007

86 

Response by Lead Plaintiffs to defendants' notice of recent authority and submission of additional recent authority filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. Related document(s)(85 in 3:05-cv-07393-JGC). (Attachments: # 1 Exhibit 1, Belzian v. Hershon# 2 Exhibit 2, Ross v. Abercrombie & Fitch Co.# 3 Exhibit 3, In re NPS Pharms., Inc.# 4 Exhibit 4, In re Impax Labs. Sec. Litig.) (Wyman, Debra) Modified on 8/15/2007 (A, P). (Entered: 08/13/2007)

08/21/2007

87 

Order: the defendants' motion to dismiss is granted. (Related Doc # 54) in case 3:05-cv-07393-JGC. Signed by Judge James G. Carr on 8/21/2007.Associated Cases: 3:05-cv-07393-JGC, 3:05-cv-07406-JGC, 3:05-cv-07417-JGC, 3:05-cv-07457-JGC(S,AL) (Entered: 08/21/2007)

08/21/2007

88 

Judgment Entry: For the reasons stated in the Order filed August 21, 2007, ORDERED THAT the defendants' motion to dismiss is granted. Case closed. Signed by Judge James G. Carr on 8/21/2007.(S,AL) (Entered: 08/21/2007)

09/18/2007

89 

NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 87 Order and 88 Judgment Entry of 8/21/07, filed by plaintiffs Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust and West Virginia Laborers Pension Trust Fund. (Filing fee of $455 paid, receipt number 2640504) (Wyman, Debra). Modified text on 9/21/2007 (H, SP). (Entered: 09/18/2007)

10/10/2007

90 

Acknowledgment from the USCA for Sixth Circuit of receipt of 89 Notice of Appeal (USCA# 07-4235). Date filed in USCA 10/10/07. (H, SP) (Entered: 10/10/2007)

11/20/2008

91 

Information Copy of opinion from USCA for the Sixth Circuit: The judgment of the District Court is vacated and the case remanded, the District Court to consider whether Plaintiffs have made allegations that support an inference of scienter that is "at least as compelling" as competing nonculpable inferences re 89 Notice of Appeal (USCA# 07-4235). This is not a mandate order. Circuit Judges: Clay, Gilman and Rogers. Date issued by USCA 11/19/08 (H, SP) (Entered: 11/20/2008)

12/18/2008

92 

True copy of mandate from the USCA for the Sixth Circuit: The judgment of the District Court is vacated and the case remanded as to 89 Notice of Appeal (USCA# 07-4235). Date issued as mandate 12/15/08, No Costs Taxed (Related document 91 ) (H, SP) (Entered: 12/19/2008)

01/21/2009

  

Notice of Hearing [non document] Telephone Conference set for 2/9/2009 01:00 PM in to be held telephonically before Judge James G. Carr. Counsel shall call the bridge line at 419-213-5509 access code 550911. (S,AL) (Entered: 01/21/2009)

01/22/2009

93 

Letter From Joel W. Sternman, Dated 1/22/2009, To The Hon. James G. Carr Regarding The Telephonic Hearing Scheduled For February 9, 2009 filed by Michael J. Burns, Robert C. Richter. (Attachments: # 1 Appendix A, # 2 Appendix B)(Thacker, Joseph) (Entered: 01/22/2009)

01/23/2009

94 

Motion by Christopher J. Timmermans to withdraw as attorney filed by Dana Corporation, Michael J. Burns, Robert C. Richter. (Thacker, Joseph) (Entered: 01/23/2009)

01/29/2009

95 

Marginal Entry Order granting Motion for attorney Christopher J. Timmermans to withdraw as attorney for defendant Dana Corporation. (Related Doc # 94 ). Signed by Judge James G. Carr on 1/29/2009.(S,JM) (Entered: 01/29/2009)

02/03/2009

96 

Letter dated February 3, 2009 in Response to Document No. 93 filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. Related document(s) 93 . (Wyman, Debra) (Entered: 02/03/2009)

02/11/2009

97 

Order: Leave granted to defendants to file renewed motion to dismiss by 4/1/2009; opposition is due 4/20/2009; reply due 5/1/2009. Renewed motion to dismiss set for oral argument on 5/19/2009, at 4:00 p.m. Signed by Judge James G. Carr on 2/11/2009. (Time: 20 min.) (S,JM) (Entered: 02/11/2009)

02/13/2009

98 

Motion for attorney Samantha A. Smith to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003421614, filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Affidavit of Samantha A. Smith, # 2 Proposed Order)(Landskroner, Jack) (Entered: 02/13/2009)

02/20/2009

99 

Order granting Motion for attorney Samantha A. Smith to appear pro hac vice for Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust and West Virginia Laborers Pension Trust Fund. (Related Doc # 98 .) Signed by Judge James G. Carr on 2/20/2009.(S,JM) (Entered: 02/20/2009)

04/01/2009

100 

Motion to dismiss the Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. (Thacker, Joseph) (Entered: 04/01/2009)

04/01/2009

101 

Declaration Of Anthony Paccione In Support of Renewed motion to Dismiss the Consolidated Complaint filed by Michael J. Burns, Robert C. Richter (Related document(s) 100 ). (Attachments: # 1 Exhibit A-Part1, # 2 Exhibit A-Part2, # 3 Exhibit A-Part3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit BB, # 31 Exhibit CC, # 32 Exhibit DD, # 33 Exhibit EE, # 34 Exhibit FF, # 35 Exhibit GG) (Thacker, Joseph) (Entered: 04/01/2009)

04/01/2009

102 

Memorandum In Support of 100 Motion to dismiss the Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. (Thacker, Joseph) (Entered: 04/01/2009)

04/01/2009

103 

Notice of Service of Motion to dismiss consolidated complaint, memorandum in support, declaration and exhibits filed by Michael J. Burns, Robert C. Richter. Related document(s) 102 , 101 , 100 .(Thacker, Joseph) Modified on 4/3/2009 (G,D). (Entered: 04/01/2009)

04/07/2009

  

Notice of Hearing [Non Document]: The Motion Hearing set for 5/19/09 is vacated and rescheduled for 5/18/2009 at 10:00 AM in Courtroom 204 before Judge James G. Carr. (S,AL) (Entered: 04/07/2009)

04/20/2009

104 

Opposition to 100 Motion to dismiss the Consolidated Complaint filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Wyman, Debra) (Entered: 04/20/2009)

05/01/2009

105 

Reply to response to 100 Motion to dismiss the Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. (Thacker, Joseph) (Entered: 05/01/2009)

05/01/2009

106 

Supplemental Affidavit/Declaration Of Anthony L. Paccione In Further Support Of Renewed Motion To Dismiss The Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. Related document(s) 100 . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Thacker, Joseph) (Entered: 05/01/2009)

05/01/2009

107 

Notice of Service Of Reply Memorandum Of Law In Support Of Renewed Motion To Dismiss Consolidated Complaint And Supplemental Declaration Of Anthony L. Paccione And Exhibits filed by Michael J. Burns, Robert C. Richter. Related document(s) 106 , 105 .(Thacker, Joseph) (Entered: 05/01/2009)

05/19/2009

  

Minutes of proceedings [Non Document] before Judge James G. Carr.Oral Argument held on 5/18/2009. Plaintiff to supplement their brief by 6/8/09; reply due 6/22/09. (Court Reporter: Angela Nixon.)Time: 2.45. (S,AL) (Entered: 05/19/2009)

06/08/2009

108 

Supplemental Memorandum In Support of 100 Motion to dismiss the Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. (Thacker, Joseph) (Entered: 06/08/2009)

06/08/2009

109 

Declaration Of Joel W. Sternman In Support Of Renewed Motion To Dismiss The Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. Related document(s) 100 . (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K) (Thacker, Joseph) (Entered: 06/08/2009)

06/08/2009

110 

Notice of Service Of Supplemental Memorandum In Support Of Defendants' Renewed Motion To Dismiss And Declaration Of Joel W. Sternman And Exhibits filed by Michael J. Burns, Robert C. Richter. Related document(s) 109 , 108 .(Thacker, Joseph) (Entered: 06/08/2009)

06/08/2009

111 

Supplemental Opposition to Defendants' 100 Motion to Dismiss filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wyman, Debra) Modified on 6/9/2009 (G,D). (Entered: 06/08/2009)

06/22/2009

112 

Reply to Defendant's Supplemental Memorandum in Support of Their Renewed Motion to Dismiss filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. Related document(s) 109 , 108 . (Wyman, Debra) (Entered: 06/22/2009)

06/22/2009

113 

Supplemental Affidavit/Declaration of Joel W. Sternman in support of renewed motion to dismiss filed by Michael J. Burns, Robert C. Richter. Related document(s) 100 . (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit N, # 4 Exhibit O, # 5 Exhibit P, # 6 Exhibit Q, # 7 Exhibit R)(Thacker, Joseph) Modified on 6/23/2009 (G,D). (Entered: 06/22/2009)

06/22/2009

114 

Supplemental Memorandum In Support of 100 Motion to dismiss the Consolidated Complaint filed by Michael J. Burns, Robert C. Richter. (Thacker, Joseph) Modified on 6/23/2009 (G,D). (Entered: 06/22/2009)

06/22/2009

115 

Notice of Service of supplemental reply memorndum in support of renewed motion to dismiss and declaration of Joel W. Sternman filed by Michael J. Burns, Robert C. Richter. Related document(s) 114 , 113 .(Thacker, Joseph) Modified on 6/23/2009 (G,D). (Entered: 06/22/2009)

07/14/2009

116 

Transcript of Oral Argument held on May 18, 2009 before Judge James G. Carr. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at 419-260-5259. [118 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/23/2009. Redaction Request due 8/4/2009. Redacted Transcript Deadline set for 8/14/2009. Release of Transcript Restriction set for 10/12/2009. (N,A) (Entered: 07/14/2009)

08/25/2009

117 

Order : granting defendants' Motion to dismiss. (Related Doc # 100 ). Judge James G. Carr on 8/25/2009.(S,AL) (Entered: 08/25/2009)

08/28/2009

118 

Amended Order: The Order entered August 25, 2009 [Doc. 117] is withdrawn and replaced by this Amended Order. Defendants' motion to dismiss is granted.. Judge James G. Carr on 8/28/2009. (S,AL) (Entered: 08/28/2009)

08/28/2009

119 

Judgment Entry: for the reasons stated in the order filed 8/28/2009, ordered that the Order entered August 25, 2009 [Doc. 117] is withdrawn and replaced by this Amended Order. Defendants' motion to dismiss is granted. Case closed.. Judge James G. Carr on 8/28/2009. (S,AL) (Entered: 08/28/2009)

09/23/2009

120 

NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 118 Amended Order amd 119 Judgment Entry of 8/28/09, filed by plaintiffs Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust and West Virginia Laborers Pension Trust Fund. (Filing fee of $455 paid, receipt number 0647-3749653) (Wyman, Debra). Modified text on 9/24/2009 (H,SP). (Entered: 09/23/2009)

10/07/2009

121 

Acknowledgment from the USCA for Sixth Circuit of receipt of 120 Notice of Appeal (USCA# 09-4233). Date filed in USCA 10/7/09. (H,SP) (Entered: 10/07/2009)

03/22/2010

122 

Notice of Firm Name Change filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Wyman, Debra) (Entered: 03/22/2010)

05/26/2011

123 

Information copy of opinion from the USCA for the Sixth Circuit: Reversing the District Court's order granting dismissal re 120 Notice of Appeal (USCA# 09-4233). This is not a mandate order. Circuit Judges: Martin and Stranch, District Judge: Thapar. Date issued by USCA 5/25/11 (Attachments: # 1 Judgment) (H,SP) (Entered: 05/26/2011)

06/07/2011

  

Notice [Non Document] of Telephone Conference set for 6/22/2011 at 12:30 PM before Judge James G. Carr. Counsel shall call the bridge line at 419-213-5509, access code 550911. (S,AL) (Entered: 06/07/2011)

06/23/2011

124 

Order: Status conference was held on 6/22/2011 before Judge James G. Carr. Leave is granted to defendants in Ironworkers to file motion for reconsideration on or before 7/1/2011; opposition is due 7/20/2011; reply is due 8/1/2011. Discovery is stayed in Ironworkers pending adjudication of motion for reconsideration. Status report re. Frank is to be filed on or before 7/1/2011. Signed by Judge James G. Carr on 6/23/2011. (S,JM) (Entered: 06/23/2011)

07/05/2011

125 

Letter attaching Opinion re: rehearing filed by Michael J. Burns, Robert C. Richter. (Walinski, Richard) (Entered: 07/05/2011)

07/14/2011

126 

True copy of mandate from the USCA for the Sixth Circuit: Reversing the District Court's order re 120 Notice of Appeal (USCA# 09-4233). Date issued as mandate 7/13/11, Costs: None (Related document 123 ) (H,SP) (Entered: 07/14/2011)

08/24/2011

127 

Motion for attorney Laurie L. Largent to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4884319, filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Affidavit of Laurie Largent)(Landskroner, Jack) (Entered: 08/24/2011)

08/31/2011

128 

Marginal Entry Order granting Motion by attorney Laurie L. Largent to appear pro hac vice for defendants Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, and West Virginia Laborers Pension Trust Fund. Signed by Judge James G. Carr on 8/31/2011. (Related Doc # 127 ) (S,JM) (Entered: 08/31/2011)

08/31/2011

129 

Notice of Firm Name Change filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Landskroner, Jack) (Entered: 08/31/2011)

10/11/2011

130 

Answer to 52 Amended complaint, filed by Michael J. Burns, Robert C. Richter. (Walinski, Richard) (Entered: 10/11/2011)

10/14/2011

131 

Joint Proposed Stipulation and [Proposed] Order Consolidating for Disovery Purposes Frank v. Dana Corp., et al. and Hawaii Ironworkers Annuity Trust Fund v. Cole, et al. filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Wyman, Debra) (Entered: 10/14/2011)

10/17/2011

132 

Stipulation & Order: Frank v. Dana and the Hawaii Ironworkers action are consolidated for discovery purposes only, and for no other purpose, such as motions for class certification, summary judgment and/or trial, and the parties will meet and confer in good faith to seek agreement on a proposed discovery schedule for submission to the Court on or before November 4, 2011. re 131 . Judge James G. Carr on 10/17/2011. (S,AL) (Entered: 10/17/2011)

10/21/2011

133 

Motion for attorney James E. Barz to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4985440, filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Affidavit of James E. Barz)(Landskroner, Jack) Modified on 10/24/2011 (G,D). (Entered: 10/21/2011)

10/24/2011

  

Non Document Order: All documents from today's date and hereafter, must be filed as PDF documents in text searchable format (i.e. no scanned documents, except for exhibits). All exhibits must be specifically identified. Failure to comply with these requirements will result in the Clerk's Office marking the document(s) as a filing error and you will be required to re-file in compliance with this order. Judge James G. Carr on 10/23/2011. (S,AL) (Entered: 10/24/2011)

10/24/2011

134 

Joint Proposed Stipulation to Amend Caption filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Wyman, Debra) (Entered: 10/24/2011)

10/25/2011

135 

Notice of Filing Petition for a Writ of Certiorari filed by Michael J. Burns, Robert C. Richter. (Attachments: # 1 Petition for a Writ of Certiorari, # 2 Appendix to Petition for a Writ of Certiorari)(Walinski, Richard) Modified on 10/27/2011 (G,Di). (Entered: 10/25/2011)

10/27/2011

136 

Marginal Entry Order granting Motion for appearance pro hac vice by attorney James E. Barz for Plumbers & Pipefitters National Pension Fund. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # 133 ). Judge James G. Carr on 10/27/2011.(S,AL) (Entered: 10/27/2011)

10/27/2011

137 

Stipulation & Order amending case caption to identify parties of record. Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust and West Virginia Laborers Pension Trust Fund as Plaintiffs and Michael J. Burns and Robert C. Richter as Defendants. (Related Document # 134 ). Judge James G. Carr on 10/27/11. (G,Di) (Main Document 137 replaced on 10/27/2011) (G,Di). (Entered: 10/27/2011)

11/04/2011

138 

Joint Proposed Stipulation regarding Discovery Schedule filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Wyman, Debra) (Entered: 11/04/2011)

11/04/2011

139 

Motion to compel plaintiff to disclose identity and contact information of confidential witnesses interviewed by plaintiffs counsel during investigation of Dana AND Report to the Court filed by Bernard N. Cole and Douglas W. Hodge. (G,Di) (Entered: 11/04/2011)

11/09/2011

140 

Appeal Remark from US Supreme Court: The petition for a writ of certiorari was filed on 9/28/11 and placed on the docket 9/30/11 as No. 11-404 (H,SP) (Entered: 11/09/2011)

11/09/2011

141 

Appeal Order from US Supreme Court: The petition for a writ of certiorari is denied re 140 (No. 11-404) (H,SP) (Entered: 11/09/2011)

11/09/2011

  

Notice [non-document]: Counsel attending the 11/14/2011 status/scheduling conference at 2:30 p.m. by telephone should call into the court bridge line at 419-213-5509, passcode is 550911. (S,JM) (Entered: 11/09/2011)

11/11/2011

142 

Response to 139 Motion to compel discovery filed by Plumbers & Pipefitters National Pension Fund, SEIU Pension Plans Master Trust, West Virginia Laborers Pension Trust Fund. (Attachments: # 1 Exhibit A -Answers of Defendant Robert E. Steimle to Lead Plaintiff's First Set of Interrogatories to Defendants)(Barz, James) (Entered: 11/11/2011)

 

 

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