US
District Court Civil Docket as of 07/15/2011
Retrieved from the court on July 17, 2011
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Plaintiff
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Indiana
State District Council of Laborers and Hod Carriers Pension and Welfare Fund |
represented by |
Darren J.
Robbins |
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Plaintiff
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Donna Chi |
represented by |
Amy L. Hunt
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Plaintiff
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Cement
Mason Local 526 Combined Funds
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represented by |
Darren J.
Robbins |
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Defendant
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Omnicare,
Inc. |
represented by |
Andrew
Jonathon Schaeffer |
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Defendant
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Joel F.
Gemunder |
represented by |
Andrew
Jonathon Schaeffer |
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Defendant
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David W.
Froesel, Jr. |
represented by |
Andrew
Jonathon Schaeffer |
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Defendant
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Cheryl D.
Hodges |
represented by |
Harvey
Kurzweil |
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Defendant
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Edward L.
Hutton |
represented by |
Harvey
Kurzweil |
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Defendant
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Sandra E.
Laney |
represented by |
Harvey
Kurzweil |
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Receiver
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Laborers
District Council Construction Industry Pension Fund |
represented by |
Henry Rosen
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Date Filed |
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Docket Text |
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COMPLAINT 3
summons(es)issued with copy ( Filing fee $250; receipt number 122609), filed
by Indiana State District Council of Laborers and Hod Carriers Pension and
Welfare Fund. (Attachments: # 1
Certification of Plaintiff # 2
Civil Cover Sheet, Case Assignment, Receipt # 3
Summons)(JMM) (Entered: |
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NOTICE TO
ATTORNEY William S. Lerach and Darren J. Robbins by Clerk re: L.R. 83-
Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission
Application (JMM) (Entered: |
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MOTION for
Richard W. Reinthaler, James P. Smith, |
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PRO HAC VICE
Filing fee received - Richard W. Reinthaler, James P. Smith, |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 3
MOTION for Richard W. Reinthaler, James P. Smith, |
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MOTION for
Darren J. Robbins to Appear Pro Hac Vice by Indiana State District Council of
Laborers and Hod Carriers Pension and Welfare Fund (Filing fee $65.)
(Attachments: # 1
Affidavit Darren J. Robbins Affidavit# 2
Proposed Order)(Hils, Lynda) (Entered: |
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ORDER granting
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Motion to Appear Pro Hac Vice for attorneys Richard W. Reinthaler, James P.
Smith |
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STIPULATION and
Order by Indiana State District Council of Laborers and Hod Carriers
Pension and Welfare Fund, Omnicare, Inc., Joel F. Gemunder, David W. Froesel,
Jr. (Attachments: # 1
Exhibit A)(Robinson, William) (Entered: 03/07/2006) |
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*** |
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PRO HAC VICE
Filing fee received - Darren J. Robbins - $ 65.00, receipt number 122709
(JMM) (Entered: |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 5
MOTION for Darren J. Robbins to Appear Pro Hac Vice by Indiana State District
Council of Laborers and Hod Carriers Pension and Welfare Fund (Filing fee
$65.) (JMM) (Entered: |
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ORDER granting
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Motion to Appear Pro Hac Vice for attorney Darren J. Robbins. Signed by Judge
William O. Bertelsman. (JMM)cc: COR (Entered: 03/09/2006) |
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03/10/2006 |
STIPULATION |
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03/24/2006 |
WAIVER OF
SERVICE Returned Executed by Indiana State District Council of Laborers and
Hod Carriers Pension and Welfare Fund. David W. Froesel, Jr waiver sent on
2/21/2006, answer due 4/24/2006. (TED) (Entered: 03/24/2006) |
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03/24/2006 |
WAIVER OF
SERVICE Returned Executed by Indiana State District Council of Laborers and
Hod Carriers Pension and Welfare Fund. Joel F. Gemunder waiver sent on
2/21/2006, answer due 4/24/2006. (TED) (Entered: 03/24/2006) |
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03/24/2006 |
WAIVER OF
SERVICE Returned Executed by Indiana State District Council of Laborers and
Hod Carriers Pension and Welfare Fund. Omnicare, Inc. waiver sent on
2/21/2006, answer due 4/24/2006. (TED) (Entered: 03/24/2006) |
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03/28/2006 |
ORDER: The
corporation, defendant, Omnicare, Inc. shall file a disclosure statement by
4/7/2006, failing which its pleadings shall be subject to being stricken
without further notice. Signed by Judge William O. Bertelsman. (JMM)cc: COR
(Entered: 03/28/2006) |
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04/03/2006 |
FRCP 7.1
DISCLOSURE STATEMENT by Omnicare, Inc.. (Robinson, William) (Entered:
04/03/2006) |
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04/03/2006 |
MOTION to
Consolidate Cases by Indiana State District Council of Laborers and Hod
Carriers Pension and Welfare Fund & Appointment of Lead Plaintiff
& Approval of Its Selection of Lead Counsel (Attachments: # 1
Memorandum in Support # 2
Declaration of Lynda M. Hils# 3
Exhibit Exh 1 to Declaration - Laborers Pension Funds's Sworn Certification# 4
Exhibit Exh 2 to Declaration - Notice of class action lawsuit# 5
Exhibit Exh 3 to Declaration - Firm Resume of Lerach Coughlin# 6
Proposed Order)(Hils, Lynda) (Entered: 04/03/2006) |
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04/20/2006 |
RESPONSE to
Motion re 16
MOTION to Consolidate Cases by Indiana State District Council of Laborers and
Hod Carriers Pension and Welfare Fund filed by Omnicare, Inc., Joel F.
Gemunder, David W. Froesel, Jr. (Robinson, William) (Entered: 04/20/2006) |
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04/21/2006 |
NOTICE by
Indiana State District Council of Laborers and Hod Carriers Pension and
Welfare Fund re 17
Response to Motion Notice of Non-Opposition to Motion (Hils, Lynda)
(Entered: 04/21/2006) |
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04/21/2006 |
MOTION for
Henry Rosen to Appear Pro Hac Vice by Indiana State District Council of
Laborers and Hod Carriers Pension and Welfare Fund (Filing fee $65.)
(Attachments: # 1
Affidavit Henry Rosen# 2
Proposed Order)(Hils, Lynda) (Entered: 04/21/2006) |
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04/26/2006 |
PRO HAC VICE
Filing fee received - Henry Rosen - $ 65.00, receipt number 124243 (JMM)
(Entered: 04/26/2006) |
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04/26/2006 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 19
MOTION for Henry Rosen to Appear Pro Hac Vice by Indiana State District
Council of Laborers and Hod Carriers Pension and Welfare Fund (Filing fee
$65.) (JMM) (Entered: 04/26/2006) |
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04/27/2006 |
ORDER granting
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Motion to Appear Pro Hac Vice for attorney Henry Rosen. Signed by Judge William
O. Bertelsman. (JMM)cc: COR (Entered: 04/27/2006) |
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05/08/2006 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 16
MOTION to Consolidate Cases by Indiana State District Council of Laborers and
Hod Carriers Pension and Welfare Fund (JMM) (Entered: 05/08/2006) |
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05/22/2006 |
ORDER granting
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Motion to Consolidate Related Case - Cov Civil Action No. 06-31 pursuant to
Fed. R. Civ. P. 42(a) and appointing The Laborers District Council
Construction Industry Pension Fund as Lead Plaintiff. Signed by Judge William
O. Bertelsman. (JMM)cc: COR (Entered: 05/22/2006) |
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06/21/2006 |
STIPULATION and
Agreed Order Extending Time by Indiana State District Council of Laborers
and Hod Carriers Pension and Welfare Fund. (Hils, Lynda) (Entered:
06/21/2006) |
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06/22/2006 |
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*** |
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06/26/2006 |
AGREED ORDER |
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07/03/2006 |
NOTICE by
Indiana State District Council of Laborers and Hod Carriers Pension and
Welfare Fund Of Change of Firm Name (Murphy, Kevin) (Entered:
07/03/2006) |
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07/03/2006 |
NOTICE by
Indiana State District Council of Laborers and Hod Carriers Pension and
Welfare Fund Of Withdrawal of Counsel (Hils, Lynda) (Entered:
07/03/2006) |
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07/20/2006 |
AMENDED
COMPLAINT CONSOLIDATED AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL
SECURITIES |
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07/21/2006 |
MOTION to
Withdraw as Attorney with attached Memorandum by Linda Chi Plaintiff in
Consolidated Case 2-06-cv-26 (Attachments: # 1
Proposed Order)(Parry, Ron) Modified on 7/24/2006 (To indicate that the
Memorandum was included in the Main Document)(Maxie, Joyce). (Entered:
07/21/2006) |
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07/24/2006 |
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NOTICE OF
DOCKET MODIFICATION TO Ron Parry re 28
MOTION to Withdraw as Attorney by Linda Chi; Error: the docket text did not
reflect the memorandum being filed within the motion; Entry made by attorney;
Correction: the Clerk has modified the docket text to state "with memo
in support". When e-filing motions, if the memo is combined with the
motion, the attorney should use the optional text box to state "with
memo in support" within the docket text. cc: COR (JMM) (Entered:
07/24/2006) |
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07/26/2006 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 28
MOTION to Withdraw as Attorney by Linda Chi (JMM) (Entered: 07/26/2006) |
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08/07/2006 |
ORDER granting
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Motion to Withdraw as Attorney. Attorney Amy L. Hunt and Ron Parry are no
longer counsel of record in this matter. Signed by Judge William O.
Bertelsman. (LSG)cc: COR (Entered: 08/07/2006) |
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08/31/2006 |
JOINT MOTION
for Extension of Time by Indiana State District Council of Laborers and Hod
Carriers Pension and Welfare Fund, Omnicare, Inc., Joel F. Gemunder, David W.
Froesel, Jr Setting Briefing Schedule for Responses to Consolidated
Amended Complaint (Attachments: # 1
Proposed Order Setting Briefing Schedule)(Robinson, William) (Entered:
08/31/2006) |
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08/31/2006 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 30
JOINT MOTION for Extension of Time by Indiana State District Council of
Laborers and Hod Carriers Pension and Welfare Fund, Omnicare, Inc., Joel F.
Gemunder, David W. Froesel, Jr (JMM) (Entered: 08/31/2006) |
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09/01/2006 |
AGREED ORDER
and STIPULATION: Signed by Judge William O. Bertelsman; Defendants shall
respond to Plaintiffs' Consolidated Amended Complaint by 10/16/06. In the
event defendants file a Motion to Dismiss Plaintiffs' Consolidated Amended
Complaint, Plfs shall file a Response by 12/15/06 and Defs shall file any
Replies by 1/15/07.(JMM)cc: COR (Entered: 09/05/2006) |
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10/13/2006 |
STIPULATION re
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Scheduling Order,, 27
Amended Complaint re Response to 1st Amended Complaint & Proposed 2nd
Amended Complaint by Donna Chi, Indiana State District Council of
Laborers and Hod Carriers Pension and Welfare Fund, Omnicare, Inc., Joel F.
Gemunder, David W. Froesel, Jr. (Robinson, William) (Entered: 10/13/2006) |
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10/16/2006 |
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*** |
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10/17/2006 |
STIPULATION |
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10/31/2006 |
NOTICE of
Change of Address by Kevin L. Murphy (Murphy, Kevin) (Entered: 10/31/2006) |
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10/31/2006 |
MOTION for
Leave to File by Indiana State District Council of Laborers and Hod Carriers
Pension and Welfare Fund MOTION FOR LEAVE TO |
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11/09/2006 |
MOTION for
Harvey Kurzweil to Appear Pro Hac Vice by Joel F. Gemunder, David W. Froesel,
Jr ( Filing fee $65; receipt number 848713) (Attachments: # 1
Exhibit A - Affidavit of Harvey Kurzweil# 2
Proposed Order Proposed Order)(Robinson, William) (Entered: 11/09/2006) |
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11/09/2006 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 36
MOTION for Harvey Kurzweil to Appear Pro Hac Vice by Joel F. Gemunder, David
W. Froesel, Jr ( Filing fee $65; receipt number 848713) (JMM) (Entered:
11/09/2006) |
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11/09/2006 |
MOTION for
William T. Conway |
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11/09/2006 |
MOTION for
Mindy S. Dolgoff to Appear Pro Hac Vice by Joel F. Gemunder, David W.
Froesel, Jr ( Filing fee $65; receipt number 848781) (Attachments: # 1
Exhibit A - Affidavit of Mindy S. Dolgoff# 2
Proposed Order Proposed Order)(Robinson, William) (Entered: 11/09/2006) |
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11/13/2006 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 38
MOTION for Mindy S. Dolgoff to Appear Pro Hac Vice by Joel F. Gemunder, David
W. Froesel, Jr ( Filing fee $65; receipt number 848781), 37
MOTION for William T. Conway |
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11/13/2006 |
ORDER granting
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Motion to Appear Pro Hac Vice for Attorney Harvey Kurzweil. Signed by Judge
William O. Bertelsman. (JMM)cc: COR (Entered: 11/13/2006) |
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11/13/2006 |
ORDER granting
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Motion to Appear Pro Hac Vice for attorney William T. Conway, |
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11/13/2006 |
ORDER granting
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Motion to Appear Pro Hac Vice for Attorney Mindy S. Dolgoff. Signed by Judge
William O. Bertelsman. (JMM)cc: COR (Entered: 11/13/2006) |
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11/20/2006 |
RESPONSE in
Opposition re 35
MOTION for Leave to File by Indiana State District Council of Laborers and
Hod Carriers Pension and Welfare Fund filed by Omnicare, Inc., Joel F.
Gemunder, David W. Froesel, Jr. (Attachments: # 1
Affidavit Declaration of John Schreiber# 2
Exhibit Schreiber Declaration Ex 1 Part A# 3
Exhibit Schreiber Declaration Ex 1 Part B# 4
Exhibit Schreiber Declaration Ex 1 Part C# 5
Exhibit Schreiber Declaration Ex 2# 6
Exhibit Schreiber Declaration Ex 3# 7
Exhibit Schreiber Declaration Ex 4 Part A# 8
Exhibit Schreiber Declaration Ex 4 Part B# 9
Exhibit Schreiber Declaration Ex 4 Part C# 10
Exhibit Schreiber Declaration Ex 4 Part D# 11
Exhibit Schreiber Declaration Ex 4 Part E# 12
Exhibit Schreiber Declaration Ex 4 Part F# 13
Exhibit Schreiber Declaration Ex 4 Part G# 14
Exhibit Schreiber Declaration Ex 5# 15
Exhibit Schreiber Declaratin Ex 6 Part A# 16
Exhibit Schreiber Declaration Ex 6 Part B# 17
Exhibit Schreiber Declaration Ex 6 Part C# 18
Exhibit Schreiber Declaration Ex 6 Part D# 19
Exhibit Schreiber Declaration Ex 6 Part E# 20
Exhibit Schreiber Declaration Ex 6 Part F# 21
Exhibit Schreiber Declaration Ex 6 Part G# 22
Exhibit Schreiber Declaration Ex 6 Part H# 23
Exhibit Schreiber Declaration Ex 6 Part I# 24
Exhibit Schreiber Declaration Ex 6 Part J# 25
Exhibit Schreiber Declaration Ex 7# 26
Exhibit Schreiber Declaration Ex 8# 27
Proposed Order Proposed Order)(Robinson, William) (Entered: 11/20/2006) |
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12/01/2006 |
REPLY BRIEF to
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Defs' Mem in Opp to Lead Pltf's Mot to File First Amend Consol Cpt
filed by Indiana State District Council of Laborers and Hod Carriers Pension
and Welfare Fund. (Attachments: # 1
Exhibit A# 2
Exhibit B)(Rosen, Henry) Modified on 12/4/2006 (to describe Exhibits)(Maxie,
Joyce). (Entered: 12/01/2006) |
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12/04/2006 |
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NOTICE OF
DOCKET MODIFICATION TO Henry Rosen re 43
REPLY BRIEF; Error: attachments were insufficiently described as
"Exhibit A," "Exhibit B."; Entry made by attorney;
Correction: the Clerk has renamed the attachments. It is necessary that all
attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A -
ND of California Notice & Motion (correct); No further action required by
attorney. cc: COR (JMM) (Entered: 12/04/2006) |
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12/04/2006 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 35
MOTION for Leave to File by Indiana State District Council of Laborers and
Hod Carriers Pension and Welfare Fund (JMM) (Entered: 12/04/2006) |
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12/04/2006 |
MOTION for
Hearing re 35
MOTION for Leave to File by Indiana State District Council of Laborers and
Hod Carriers Pension and Welfare Fund by Omnicare, Inc., Joel F. Gemunder,
David W. Froesel, Jr (Attachments: # 1
Proposed Order Granting Motion for Hearing)(Robinson, William) (Entered:
12/04/2006) |
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12/11/2006 |
MOTION for
Greer Spatz to Appear Pro Hac Vice by Indiana State District Council of
Laborers and Hod Carriers Pension and Welfare Fund ( Filing fee $65; receipt
number 867087) (Attachments: # 1
Affidavit of Greer Spatz# 2
Proposed Order)(Murphy, Kevin) (Entered: 12/11/2006) |
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12/12/2006 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 45
MOTION for Greer Spatz to Appear Pro Hac Vice by Indiana State District
Council of Laborers and Hod Carriers Pension and Welfare Fund ( Filing fee
$65; receipt number 867087) (JMM) (Entered: 12/12/2006) |
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12/12/2006 |
ORDER granting
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Motion to Appear Pro Hac Vice for attorney Greer Spatz. Signed by Judge
William O. Bertelsman. (JMM) cc: COR/Registration Form (Entered: 12/12/2006) |
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12/19/2006 |
MOTION for
Shirley Huang to Appear Pro Hac Vice by Indiana State District Council of
Laborers and Hod Carriers Pension and Welfare Fund ( Filing fee $65; receipt
number 872587) (Attachments: # 1
Affidavit # 2
Proposed Order)(Murphy, Kevin) (Entered: 12/19/2006) |
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12/20/2006 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 47
MOTION for Shirley Huang to Appear Pro Hac Vice by Indiana State District
Council of Laborers and Hod Carriers Pension and Welfare Fund ( Filing fee
$65; receipt number 872587) (JMM) (Entered: 12/20/2006) |
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12/20/2006 |
ORDER granting
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Motion to Appear Pro Hac Vice for attorney Shirley Huang. Signed by Judge
William O. Bertelsman. (JMM)cc: COR/with copy of Registration Form (Entered:
12/20/2006) |
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12/22/2006 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 44
MOTION for Hearing re 35
MOTION for Leave to File by Indiana State District Council of Laborers and
Hod Carriers Pension and Welfare Fund by Omnicare, Inc., Joel F. Gemunder,
David W. Froesel, Jr (JMM) (Entered: 12/22/2006) |
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01/18/2007 |
ORDER:
Granting 44
Motion for a Hearing; Setting Hearing on Motion 35
MOTION for Leave to File Amended Complaint; Motion Hearing is set for
1/30/2007 01:00 PM in Covington before Judge William O. Bertelsman. Signed by
Judge William O. Bertelsman. (JMM)cc: COR (Entered: 01/18/2007) |
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01/25/2007 |
ORDER: Counsel
for plaintiffs having a conflict with regard to the oral argument now set for
1/30/07; Setting Hearing on Motion 35
MOTION for Leave to File by Indiana State District Council of Laborers and
Hod Carriers Pension and Welfare Fund: Motion Hearing is reset for 1/26/2007
10:00 AM in Covington before Judge William O. Bertelsman via telephone
conference call. Signed by Judge William O. Bertelsman. (JMM)cc: COR
(Entered: 01/25/2007) |
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01/26/2007 |
ORDER FOR
TELEPHONE CONFERENCE held on 1/26/07 before Judge William O. Bertelsman: 1)
Granting 35
MOTION for Leave to File amended consolidated complaint; 2) Defendants shall
file their Motion to Dismiss the |
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01/26/2007 |
FIRST AMENDED
COMPLAINT against Cheryl D. Hodges, Edward L. Hutton and Sandra E. Laney,
filed by Cement Mason Local 526 Combined Funds. (Attachments: # 1
Certificate of Cement Mason Local 526 Combined Funds)(JMM) (Entered:
01/29/2007) |
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03/09/2007 |
MOTION to
Substitute Attorney by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr Notice of
Substitution of Counsel (Shufflebarger, Carrie) (Entered: 03/09/2007) |
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03/09/2007 |
NOTICE OF
APPEARANCE by Omnicare, Inc..(Gracey, Stephen) (Entered: 03/09/2007) |
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03/09/2007 |
NOTICE of
Change of Address by William T. Robinson, |
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03/09/2007 |
MOTION for
Leave by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney, Omnicare, Inc.,
Joel F. Gemunder, David W. Froesel, Jr To Exceed LR 7.1 Page Limit
(Attachments: # 1
Proposed Order)(Robinson, William) (Entered: 03/09/2007) |
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03/12/2007 |
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Clerk's Note:
re 53
MOTION to Substitute Attorney; Per Chambers, D. E. 53
has been terminated and said attorneys have been substituted as counsel.
(JMM) (Entered: 03/12/2007) |
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03/12/2007 |
ORDER:
Granting 56
Motion for Leave to Exceed LR 7.1 Page Limit; Defendants' Memorandum Of
Points And Authorities In Support of Defendants' Motion To Dismiss The Second
Amended Complaint is hereby accepted for filing. Signed by Judge William O.
Bertelsman. (JMM)cc: COR (Entered: 03/12/2007) |
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03/12/2007 |
MOTION to
Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney, Omnicare,
Inc., Joel F. Gemunder, David W. Froesel, Jr and Memorandum in Support
(Attachments: # 1
Motion to Dismiss and Memorandum in Support - part 2# 2
Proposed Order# 3
Wm T. Robinson Declaration# 4
Dec Exh A# 5
Dec Exh B# 6
Dec Exh C# 7
D# 8
Dec Exh E# 9
Dec Exh F# 10
Dec Exh G# 11
Dec Exh H# 12
Dec Exh I# 13
Dec Exh J# 14
Dec Exh K# 15
Dec Exh L# 16
Dec Exh M# 17
Dec Exh N# 18
Dec Exh O# 19
Dec Exh P# 20
Dec Exh Q# 21
Dec Exh R# 22
Dec Exh S# 23
Dec Exh T# 24
Dec Exh U# 25
Dec Exh V# 26
Dec Exh W# 27
Dec Exh X)(Robinson, William) Modified on 3/13/2007 (to describe attachment
#7)(Maxie, Joyce). (Entered: 03/12/2007) |
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03/13/2007 |
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NOTICE OF
DOCKET MODIFICATION TO William Robinson re 58
MOTION to Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr ; Error: attachment #
7 was insufficiently described as "Exh D"; Entry made by attorney;
Correction: the Clerk has renamed the attachment. It is necessary that all
attachments are adequately described. Ex: "D" (incorrect); Exhibit D
- Order dated 1/28/07 (correct); No further action required by attorney. cc:
COR (JMM) (Entered: 03/13/2007) |
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03/13/2007 |
MOTION to
Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney, Omnicare,
Inc., Joel F. Gemunder, David W. Froesel, Jr CORRECTED (Attachments: #
1
Memorandum in Support# 2
Proposed Order# 3
Declaration of Wm T. Robinson# 4
Dec Exh A# 5
Dec Exh B# 6
Dec Exh C# 7
Dec Exh D# 8
Dec Exh E# 9
Dec Exh F# 10
Dec Exh G# 11
Dec Exh H# 12
Dec Exh I# 13
Dec Exh J# 14
Dec Exh K# 15
Dec Exh L# 16
Dec Exh M# 17
Dec Exh N# 18
Dec Exh O# 19
Dec Exh P# 20
Dec Exh Q# 21
Dec Exh R# 22
Dec Exh S# 23
Dec Exh T# 24
Dec Exh U# 25
Dec Exh V# 26
Dec Exh W# 27
Dec Exh X)(Robinson, William) (Entered: 03/13/2007) |
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03/15/2007 |
ORDER: It is
ordered that the original motion 58
Motion to Dismiss be and hereby is DENIED AS MOOT, with the corrected motion
to dismiss 59
to remain pending. Signed by Judge William O. Bertelsman. (TED)cc: COR
(Entered: 03/15/2007) |
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04/04/2007 |
TRANSCRIPT of
Official Proceedings: Telephone Conference held on 1/26/2007 before Judge
William O. Bertelsman. Court Reporter: Joan Averdick. (JMM) (Entered:
04/05/2007) |
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04/11/2007 |
RESPONSE in
Opposition re 59
MOTION to Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, JrPLTFFS? MEM OF LAW
IN OPP TO DEFENDANTS' MOTION TO DISMISS filed by Cement Mason Local 526
Combined Funds, Indiana State District Council of Laborers and Hod Carriers
Pension and Welfare Fund. (Attachments: # 1
Affidavit Declaration of Henry Rosen# 2
Exhibit A# 3
Exhibit B# 4
Exhibit C# 5
Exhibit D# 6
Exhibit E# 7
Exhibit F# 8
Exhibit G# 9
Proposed Order)(Rosen, Henry) Modified on 4/12/2007 (to described
Exhibits)(Maxie, Joyce). (Entered: 04/11/2007) |
|
|
04/12/2007 |
|
NOTICE OF
DOCKET MODIFICATION TO Henry Rosen re 62
Response in Opposition to Motion; Error: attachments were insufficiently
described as "Exhibit A," "Exhibit B."; Entry made by
attorney; Correction: the Clerk has renamed the attachments. It is necessary
that all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit
A - Letter dated 11/14/06 (correct); No further action required by attorney.
cc: COR (JMM) (Entered: 04/12/2007) |
|
04/12/2007 |
RESPONSE in
Opposition re 59
MOTION to Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, JrCORRECTED PLTFFS'
MEM OF LAW IN OPPOSITION TO DEFENDANTS? MOTION TO DISMISS filed by Cement
Mason Local 526 Combined Funds, Indiana State District Council of Laborers
and Hod Carriers Pension and Welfare Fund. (Attachments: # 1
Affidavit Declaration of Henry Rosen# 2
Exhibit A - US DOJ Press Release# 3
Exhibit B - TheStreet.com Article# 4
Exhibit C - Omnicare 11/7/05 Statement# 5
Exhibit D - Mich. AG Press Release# 6
Exhibit E - Omnicare 11/14/06 Press Release# 7
Exhibit F - Omnicare 10/31/06 Press Release# 8
Exhibit G - Slip Op.# 9
Proposed Order Proposed Order)(Rosen, Henry) (Entered: 04/12/2007) |
|
|
04/24/2007 |
Tendered
Agreed Order to File Response/Reply as to 59
MOTION to Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr by Omnicare, Inc. Tendered
Agreed Order Granting Def. Addt'l Time to File Reply Memo (Robinson,
William) Modified text to add Tendered Agreed Order on 4/25/2007 (Greiwe,
Linda). (Entered: 04/24/2007) |
|
|
04/25/2007 |
|
NOTICE OF
DOCKET MODIFICATION TO William Robinson re 64
MOTION for Extension of Time to File Response/Reply as to 59
MOTION to Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr by Omnicare, Inc. ;
Error: Attorney incorrectly filed the Proposed Agreed Order using the event
"motion"; Entry made by attorney; Correction: Clerk has modified
the docket to state "Proposed Order" and terminated the motion.; In
the future, the attorney is advised to contact the ECF help desk if
assistance is needed in choosing the correct event for filing. No further
action required by counsel. cc: COR (LSG) (Entered: 04/25/2007) |
|
04/25/2007 |
MOTION for
Leave to File by Omnicare, Inc. Motion for Leave to Exceed LR 7.1 Page
Limit (Attachments: # 1
Proposed Order)(Gracey, Stephen) (Entered: 04/25/2007) |
|
|
04/25/2007 |
AGREED ORDER;
Defendants to file Reply Memorandum by 5/1/2007 to 59
Motion to Dismiss. Signed by Judge William O. Bertelsman. (LSG)cc: COR
(Entered: 04/25/2007) |
|
|
04/25/2007 |
|
NOTICE OF
DEFICIENCY TO Stephen Gracey re 65
MOTION for Leave to File by Omnicare, Inc.; Signature on document and filer
do not match; error by attorney; the name of the Filing User under whose
login and password the document is submitted must be typed in the space where
the signature would otherwise appear. NOTICE OF DOCKET MODIFICATION TO
Stephen Gracey re 65
Motion for Leave to File by Omnicare, Inc.; the main document was scanned
instead of converted into PDF format directly from the native word
application. All pleadings created with a word application shall be converted
to PDF format using PDF conversion software rather than being scanned. No
further action required by counsel. cc: COR (LSG) (Entered: 04/25/2007) |
|
04/26/2007 |
ORDER granting
Def's 65
Motion for Leave to File up to and including 30 pages for their Reply
Memorandum in Further Support of 59
Motion to Dismiss the Second Amended Complaint. Signed by Judge William O.
Bertelsman. (LSG)cc: COR (Entered: 04/26/2007) |
|
|
05/01/2007 |
REPLY BRIEF to
62
in Further Support of Defendant's Motion to Dismiss filed by Cheryl D.
Hodges, Edward L. Hutton, Sandra E. Laney, Omnicare, Inc., Joel F. Gemunder,
David W. Froesel, Jr. (Attachments: # 1
Supplemental Declaration of Wm Robinson# 2
Declaration Exhibit A# 3
Declaration Exhibit B# 4
Declaration Exhibit C)(Robinson, William) (Entered: 05/01/2007) |
|
|
05/02/2007 |
|
***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 59
MOTION to Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr (JMM) (Entered:
05/02/2007) |
|
06/13/2007 |
MOTION for
Hearing re 59
MOTION to Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr by Omnicare, Inc. Joint
Motion for Hearing on Motion to Dismiss (Gracey, Stephen) (Entered:
06/13/2007) |
|
|
06/14/2007 |
|
***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 69
MOTION for Hearing re 59
MOTION to Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr by Omnicare, Inc.
(JMM) (Entered: 06/14/2007) |
|
06/22/2007 |
NOTICE by
Omnicare, Inc. Notice of Additional Authority (Attachments: # 1
Exhibit)(Gracey, Stephen) Modified on 6/25/2007 (to describe attachment)
(Maxie, Joyce). (Entered: 06/22/2007) |
|
|
06/25/2007 |
|
NOTICE OF
DOCKET MODIFICATION TO Stephen Gracey re 70
Notice; Error: attachment was insufficiently described as
"Exhibit"; Entry by attorney; Correction: the Clerk has renamed the
attachment. It is necessary that all attachments are adequately described.
ex: Exhibit (incorrect); Exhibit - Case Law - Tellabs Inc. v. Makor Issues
& Rights Ltd. (correct); No further action required by counsel. cc: COR
(JMM) (Entered: 06/25/2007) |
|
06/27/2007 |
ORDER:
Granting 69
MOTION for Hearing re 59
MOTION to Dismiss by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr by Omnicare, Inc. Oral
Argument Hearing on Motion to Dismiss is set for 8/1/2007 01:00 PM in
Covington before Judge William O. Bertelsman. Signed by Judge William O.
Bertelsman. (JMM)cc: COR (Entered: 06/27/2007) |
|
|
07/06/2007 |
ORDER: Counsel
for the parties, having a conflict with regard to the date set for oral
argument of August 1, 2007; the Oral Argument Hearing is reset for 8/2/2007
02:00 PM in Covington before Judge William O. Bertelsman. Signed by Judge
William O. Bertelsman. (JMM)cc: COR (Entered: 07/06/2007) |
|
|
07/23/2007 |
MOTION for
Jennifer L. Gmitro to Appear Pro Hac Vice by Donna Chi, Cement Mason Local
526 Combined Funds ( Filing fee $65; receipt number 1000866) (Attachments: # 1
Affidavit # 2
Proposed Order)(Murphy, Kevin) Additional attachment(s) added on 7/24/2007
(Maxie, Joyce). Modified on 7/24/2007 (to attach signed Affidavit) (Maxie,
Joyce). (Entered: 07/23/2007) |
|
|
07/24/2007 |
|
NOTICE OF
DEFICIENCY TO Kevin Murphy re 73
MOTION for Jennifer L. Gmitro to Appear Pro Hac Vice by Donna Chi, Cement
Mason Local 526 Combined Funds ( Filing fee $65; receipt number 1000866); re:
1
Affidavit attached to Motion to Appear Pro Hac Vice; attorney has failed to
submit a scanned copy of the original signature for the affiant and the
notary. Error made by the attorney; Attorney shall file a scanned copy of the
Affidavit with the original signature of the affiant and notary as an
attachment to a Notice of Filing within 3 business days. cc: COR (JMM)
(Entered: 07/24/2007) |
|
07/24/2007 |
NOTICE OF
FILING by Donna Chi, Cement Mason Local 526 Combined Funds re 73
MOTION for Jennifer L. Gmitro to Appear Pro Hac Vice by Donna Chi, Cement
Mason Local 526 Combined Funds ( Filing fee $65; receipt number 1000866)
(Murphy, Kevin) (Entered: 07/24/2007) |
|
|
07/24/2007 |
|
***Attorney
Jennifer L. Gmitro for Donna Chi and Cement Mason Local 526 Combined Funds
added. (JMM) (Entered: 07/24/2007) |
|
07/24/2007 |
|
***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 73
MOTION for Jennifer L. Gmitro to Appear Pro Hac Vice by Donna Chi, Cement
Mason Local 526 Combined Funds ( Filing fee $65; receipt number 1000866)
(JMM) (Entered: 07/24/2007) |
|
07/26/2007 |
NOTICE by
Laborers District Council Construction Industry Pension Fund Withdrawal of
Counsel, Greer Spatz (Rosen, Henry) (Entered: 07/26/2007) |
|
|
07/27/2007 |
|
*** |
|
07/27/2007 |
MOTION TO ADD,
OR IN THE ALTERNATIVE, TO INTERVENE AN ADDITIONAL NAMED PLAINTIFF ALASKA
ELECTRICAL PENSION FUND by Laborers District Council Construction Industry
Pension Fund (Attachments: # 1
Proposed Order)(Rosen, Henry) (Entered: 07/27/2007) |
|
|
07/27/2007 |
AFFIDAVIT in
Support re 76
MOTION TO ADD, OR IN THE ALTERNATIVE, TO INTERVENE AN ADDITIONAL NAMED
PLAINTIFF ALASKA ELECTRICAL PENSION FUND by Laborers District Council
Construction Industry Pension Fund OF HENRY ROSEN filed by Laborers
District Council Construction Industry Pension Fund. (Attachments: # 1
Exhibit A Certification)(Rosen, Henry) (Entered: 07/27/2007) |
|
|
07/27/2007 |
MOTION TO
POSTPONE DEFENDANTS' MOTION TO DISMISS HEARING by Laborers District Council
Construction Industry Pension Fund (Attachments: # 1
Proposed Order)(Rosen, Henry) (Entered: 07/27/2007) |
|
|
07/27/2007 |
AFFIDAVIT in
Support re 76
MOTION TO ADD, OR IN THE ALTERNATIVE, TO INTERVENE AN ADDITIONAL NAMED
PLAINTIFF ALASKA ELECTRICAL PENSION FUND by Laborers District Council
Construction Industry Pension Fund, 78
MOTION TO POSTPONE DEFENDANTS' MOTION TO DISMISS HEARING by Laborers District
Council Construction Industry Pension Fund OF JENNIFER GMITRO filed by
Laborers District Council Construction Industry Pension Fund. (Rosen, Henry)
(Entered: 07/27/2007) |
|
|
07/30/2007 |
ORDER denying 78
Motion to postopone hearing. Hearing set for 8/2/2007 will proceed as
scheduled. Signed by Judge William O. Bertelsman. (LSG)cc: COR (Entered:
07/30/2007) |
|
|
07/30/2007 |
ORDER granting
73
Motion to Appear Pro Hac Vice of Jennifer L. Gmitro to appear as counsel for
plaintiffs. Signed by Judge William O. Bertelsman. (TED)cc: COR w/copy of
Mandatory ECF General Order and ECF Registration form to Jennifer L. Gmitro
(Entered: 07/30/2007) |
|
|
07/30/2007 |
NOTICE by
Cement Mason Local 526 Combined Funds, Laborers District Council Construction
Industry Pension Fund NOTICE OF ADDITIONAL AUTHORITIES (Huang,
Shirley) Additional attachment(s) added on 7/31/2007 (Greiwe, Linda).
(Entered: 07/30/2007) |
|
|
07/31/2007 |
|
NOTICE OF
DEFICIENCY TO Shirley Huang re 82
Notice; Error: Exhibits were filed together with the notice instead of as
separate attachments. Entry by attorney; Clerk has added the exhibits as
separate attachments. In future e-filings, the attorney shall file each
exhibit separately from one another and separate from the main document; No
further action required by counsel. cc: COR (LSG) (Entered: 07/31/2007) |
|
08/01/2007 |
NOTICE by
Cement Mason Local 526 Combined Funds, Laborers District Council Construction
Industry Pension Fund LETTER REGARDING NOTICE OF RECENT AUTHORITY
(Huang, Shirley) (Entered: 08/01/2007) |
|
|
08/03/2007 |
ORDER; 1)Def's
59
Motion to Dismiss is Taken Under submission. Signed by Judge William O.
Bertelsman. (LSG)cc: COR (Entered: 08/03/2007) |
|
|
08/13/2007 |
TRANSCRIPT of
Official Proceedings: Oral Argument held on August 2, 2007 before Judge
William O. Bertelsman. Court Reporter: Lisa Wiesman. (JMM) (Entered:
08/13/2007) |
|
|
08/14/2007 |
RESPONSE in
Opposition re 76
MOTION TO ADD, OR IN THE ALTERNATIVE, TO INTERVENE AN ADDITIONAL NAMED
PLAINTIFF ALASKA ELECTRICAL PENSION FUND by Laborers District Council
Construction Industry Pension Fund filed by Cheryl D. Hodges, Edward L.
Hutton, Sandra E. Laney, Omnicare, Inc., Joel F. Gemunder, David W. Froesel,
Jr. (Attachments: # 1
Declaration of Wm T. Robinson |
|
|
08/16/2007 |
|
Clerk's Note:
re 75
Notice. Per Judge Bertelsman's Law Clerk, Dawn Rogers, ok to terminate Greer
Spatz as counsel for plas (LSG) (Entered: 08/16/2007) |
|
08/28/2007 |
REPLY to 76
PLAINTIFFS' REPLY IN FURTHER SUPPORT OF MOTION filed by Cement Mason
Local 526 Combined Funds, Laborers District Council Construction Industry
Pension Fund. (Huang, Shirley) (Entered: 08/28/2007) |
|
|
08/28/2007 |
AFFIDAVIT re 87
REPLY DECLARATION OF SHIRLEY H. HUANG IN SUPPORT OF PLAINTIFFS' REPLY
by Cement Mason Local 526 Combined Funds, Laborers District Council
Construction Industry Pension Fund. (Attachments: # 1
Exhibit A# 2
Exhibit B)(Huang, Shirley) Modified on 8/29/2007 (to describe
Exhibits)(Maxie, Joyce). (Entered: 08/28/2007) |
|
|
08/29/2007 |
|
NOTICE OF
DOCKET MODIFICATION TO Shirley Huang re 88
Affidavit; Error: attachments were insufficiently described as "Exhibit
A," "Exhibit B."; Entry by attorney; Correction: the Clerk has
renamed the attachments. It is necessary that all attachments are adequately
described. ex: Exhibit A (incorrect); Exhibit A - Conference Call Transcript
(correct). No further action required by counsel. cc: COR (JMM) (Entered:
08/29/2007) |
|
08/29/2007 |
|
***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 76
MOTION TO ADD, OR IN THE ALTERNATIVE, TO INTERVENE AN ADDITIONAL NAMED PLAINTIFF
ALASKA ELECTRICAL PENSION FUND by Laborers District Council Construction
Industry Pension Fund (JMM) (Entered: 08/29/2007) |
|
08/31/2007 |
MOTION for
Leave to File by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney,
Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr (Attachments: # 1
Defendants' Response To Assertions First Raised In Plaintiffs' Reply Brief On
Their Motion To Add, Or In The Alternative, To Intervene An Additional Named
Plaintiff)(Robinson, William) Additional attachment(s) added on 9/5/2007
(Maxie, Joyce). Modified on 9/5/2007 (to attach Proposed Order)(Maxie,
Joyce). (Entered: 08/31/2007) |
|
|
09/04/2007 |
|
NOTICE OF
DEFICIENCY TO William Robinson re 89
MOTION for Leave to File by Cheryl D. Hodges, Edward L. Hutton, Sandra E.
Laney, Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr; attorney has
failed to submit a proposed order as an electronic attachment to the motion.
Entry by attorney; Attorney shall file document entitled a Notice of Filing
with a certificate of service as the main pleading with the proposed order as
an attachment to the Notice of Filing within 3 business days. cc: COR (JMM)
(Entered: 09/04/2007) |
|
09/04/2007 |
NOTICE OF
FILING by Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney, Omnicare,
Inc., Joel F. Gemunder, David W. Froesel, Jr re 89
MOTION for Leave to File by Cheryl D. Hodges, Edward L. Hutton, Sandra E.
Laney, Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr (Attachments: #
1
Proposed Order)(Robinson, William) (Entered: 09/04/2007) |
|
|
09/11/2007 |
RESPONSE in
Opposition re 89
MOTION for Leave to File by Cheryl D. Hodges, Edward L. Hutton, Sandra E.
Laney, Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr filed by Cement
Mason Local 526 Combined Funds, Laborers District Council Construction
Industry Pension Fund. (Huang, Shirley) (Entered: 09/11/2007) |
|
|
09/13/2007 |
NOTICE by
Indiana State District Council of Laborers and Hod Carriers Pension and
Welfare Fund Notice of Firm Name Change (Rosen, Henry) (Entered:
09/13/2007) |
|
|
09/28/2007 |
|
***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: 89
MOTION for Leave to File by Cheryl D. Hodges, Edward L. Hutton, Sandra E.
Laney, Omnicare, Inc., Joel F. Gemunder, David W. Froesel, Jr (JMM) (Entered:
09/28/2007) |
|
10/12/2007 |
MEMORANDUM
OPINION & ORDER: 1) Defendants' Motion to dismiss 59
be, and is hereby, GRANTED; 2) Plaintiffs' motion to add an additional
named plaintiff 76
be, and is hereby, DENIED; and defendants' motion for leave to file a
surreply 89
be, and is hereby, DENIED AS MOOT. A seaprate judgment shall enter
concurrently herewith. Signed by Judge William O. Bertelsman. (JMM)cc: COR
(Entered: 10/12/2007) |
|
|
10/12/2007 |
JUDGMENT: Pursuant
to the Memorandum Opinion and Order entered concurrently herewith, It is
Ordered and Adjudged that judgment be, and is hereby, ENTERED in favor
of defendants, and the complaint is hereby dismissed. Signed by Judge William
O. Bertelsman. (JMM)cc: COR (Entered: 10/12/2007) |
|
|
11/09/2007 |
NOTICE OF
APPEAL as to 93
Memorandum Opinion & Order, Terminate Motions,, by Cement Mason Local 526
Combined Funds, Laborers District Council Construction Industry Pension Fund.
Filing fee $ 455, receipt number 1066438. (Rosen, Henry) (Entered:
11/09/2007) |
|
|
10/21/2009 |
USCA JUDGMENT
as to 95
Notice of Appeal filed by Laborers District Council Construction Industry
Pension Fund, Cement Mason Local 526 Combined Funds. Judgment of the District
Court is AFFIRMED IN PART, REVERSED IN PART, and the case is REMANDED for
further proceedings consistent with the opinion of this court. District
Court's dismissal of the §10(b), §20(a) and Rule 10b-5 claims as well as the
denial of Alaska Electrical's motion to intervene are AFFIRMED. REVERSED on
the dismissal of the §11 claim and REMAND the case to the District Court for
further proceedings. (Attachments: # 1
Opinion, # 2
Cover letter)(TED) (Entered: 10/22/2009) |
|
|
01/13/2010 |
MANDATE of
USCA as to 95
Notice of Appeal filed by Laborers District Council Construction Industry
Pension Fund, Cement Mason Local 526 Combined Funds (LST) (Entered:
01/13/2010) |
|
|
01/20/2010 |
NOTICE by
Cement Mason Local 526 Combined Funds, Laborers District Council Construction
Industry Pension Fund Plaintiffs' Unopposed Request for Status Conference
(Rosen, Henry) (Entered: 01/20/2010) |
|
|
01/21/2010 |
|
*** |
|
01/22/2010 |
ORDER; 1)STATUS
CONFERENCE set for 3/4/2010 at 01:00 PM in COVINGTON before Judge William
O. Bertelsman. Signed by Judge William O. Bertelsman on 1/22/2010.(LST)cc:
COR (Entered: 01/25/2010) |
|
|
03/04/2010 |
ORDER FOR
STATUS CONFERENCE held on 03/04/2010 before Judge William O. Bertlesman;
1)Matter is stayed pending pla's petition for certiorari to the U.S. Supreme
Court; 2)Plas to file Status Reports every 90 days advising the court of the
status of their petition. (Court Reporter JOAN AVERDICK.). Signed by Judge
William O. Bertelsman on 03/04/2010. (LST)cc: COR (Entered: 03/04/2010) |
|
|
03/10/2010 |
LETTER from
Supreme Court of the United States: 1)Application for an extension of time to
file a petition for a writ of certiorari has been presented to Justice
Stevens, who on 3/8/2010 extended the time to and including 5/14/2010; 2)this
letter has been sent to those designated on the attached notification list
(LST) (Entered: 03/10/2010) |
|
|
03/23/2010 |
NOTICE by
Indiana State District Council of Laborers and Hod Carriers Pension and
Welfare Fund, Laborers District Council Construction Industry Pension Fund of
Firm Name Change (Rosen, Henry) (Entered: 03/23/2010) |
|
|
03/25/2010 |
NOTICE by
David W. Froesel, Jr, Joel F. Gemunder, Omnicare, Inc. Notice of Withdrawl
of Appearance of Mindy S. Dolgoff. (Attachments: # 1
Affidavit in Support, # 2
Certificate of Service)(Kurzweil, Harvey) (Entered: 03/25/2010) |
|
|
03/25/2010 |
NOTICE by
David W. Froesel, Jr, Joel F. Gemunder, Omnicare, Inc. Notice of Withdrawl
of Appearance of William T. Conway, |
|
|
03/25/2010 |
|
*** |
|
05/21/2010 |
Letter from US
Supreme Court; 1)Petition for Writ of certiorari was filed on 5/14/2010 and
placed on the docket May 18, 2010 as No. 09-1400 re 95
Notice of Appeal (LST) (Entered: 05/21/2010) |
|
|
06/02/2010 |
STATUS REPORT regarding
plaintiffs' petition for certiorari filed with the United States Supreme
Court by Cement Mason Local 526 Combined Funds, Laborers District Council
Construction Industry Pension Fund. (Rosen, Henry) (Entered: 06/02/2010) |
|
|
06/02/2010 |
|
*** |
|
08/19/2010 |
NOTICE by
David W. Froesel, Jr, Joel F. Gemunder, Cheryl D. Hodges, Edward L. Hutton,
Sandra E. Laney, Omnicare, Inc. Notice of Withdrawal of Appearance
(Attachments: # 1
Affidavit)(Robinson, William) Modified to desribe attachment on 8/20/2010
(LST). (Entered: 08/19/2010) |
|
|
08/20/2010 |
|
*** |
|
08/20/2010 |
|
NOTICE OF
DOCKET MODIFICATION TO William Robinson re 107
Notice; attachment was insufficiently described as "Affidavit"; Entry
by attorney; Correction: the Clerk renamed the attachment. Attachments must
be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit
of John Doe (correct.); No further action required by counsel cc: COR (LST)
(Entered: 08/20/2010) |
|
08/23/2010 |
NOTICE of
Change of Address by Henry Rosen (Rosen, Henry) (Entered: 08/23/2010) |
|
|
08/25/2010 |
NOTICE of
Change of Address by Henry Rosen (Rosen, Henry) (Entered: 08/25/2010) |
|
|
09/01/2010 |
STATUS REPORT to
advise the Court of the status of their petition for certiorari by Cement
Mason Local 526 Combined Funds, Laborers District Council Construction
Industry Pension Fund. (Rosen, Henry) (Entered: 09/01/2010) |
|
|
09/02/2010 |
|
*** |
|
09/17/2010 |
NOTICE by
Cement Mason Local 526 Combined Funds, Indiana State District Council of
Laborers and Hod Carriers Pension and Welfare Fund NOTICE OF WITHDRAWAL OF
APPEARANCE (Huang, Shirley) (Entered: 09/17/2010) |
|
|
09/20/2010 |
|
*** |
|
11/08/2010 |
CERTIFIED
COPIES OF STIPULATION TO DISMISS THE PETITION FOR WRIT OF CERTIORARI and
ORDER OF DISMISSAL pursuant to Rule 46.1 of the Rules of the Supreme Court of
the United States (LST) (Entered: 11/08/2010) |
|
|
11/10/2010 |
STATUS REPORT Request
for Status Conference by David W. Froesel, Jr, Joel F. Gemunder, Cheryl
D. Hodges, Edward L. Hutton, Sandra E. Laney, Omnicare, Inc.. (Robinson,
William) (Entered: 11/10/2010) |
|
|
11/10/2010 |
ORDER re 112
Plffs file a Status Report no later than 11/20/2010, advising the court if
this matter is resolved in its entirety or if there is a matter in the within
action that needs to proceed. Signed by Judge William O. Bertelsman on
11/10/2010.(LMB)cc: COR (Entered: 11/10/2010) |
|
|
11/17/2010 |
ORDER re 113
Status Report ( A STATUS CONFERENCE is set for 1/4/2011 at 01:00 PM in
COVINGTON before Judge William O. Bertelsman.). Signed by Judge William O.
Bertelsman on 11/17/2010.(LMB)cc: COR (Entered: 11/17/2010) |
|
|
11/19/2010 |
AMENDED ORDER
re 115
Order; 1)A Status Conference is set for 1/3/2011 at 1:00PM in Covington
before Judge William O. Bertelsman; 2)In light of the status report filed by
defs, this Court's order requiring plas to file a status report by 11/20/2010
is vacated. Signed by Judge William O. Bertelsman on
11/19/2010.(LST)cc: COR (Entered: 11/19/2010) |
|
|
11/24/2010 |
ORDER;
1)Above-named counsel are stricken as counsel for the indicated
parties. Signed by Judge William O. Bertelsman on 11/24/2010.(LST)cc: COR
(Entered: 11/24/2010) |
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12/30/2010 |
MOTION for
Leave by Cement Mason Local 526 Combined Funds, Laborers District Council
Construction Industry Pension Fund to File the [Proposed] Second Amended
Consolidated Complaint for Violations of Section 11 of the Securities Act of
1933 (Attachments: # 1
Memorandum in Support, # 2
Exhibit [Proposed] Second Amended Consolidated Complaint for Violations of
Section 11 of the Securities Act of 1933, # 3
Exhibit Complaint, Kammerer v. Omnicare, Inc., # 4
Exhibit Complaint, Maguire v. Omnicare, Inc., # 5
Exhibit Complaint, Lisitza v. Omnicare, Inc., # 6
Exhibit Attorney General Tony Wests Remarks, # 7
Exhibit November 3, 2009 DOJ Press Release, # 8
Exhibit Complaint, United States v. Johnson & Johnson, # 9
Exhibit September 25, 2001 Omnicare - Current Analysis & Recommendations,
# 10
Exhibit April 1997 Supply Agreement, # 11
Exhibit June 12, 1997 Memorandum, # 12
Exhibit April 1999 Supply Agreement, # 13
Exhibit July 19, 1999 Omnicare Memorandum, # 14
Exhibit Complaint, United States v. Omnicare, Inc., # 15
Exhibit Part One - Complaint, United States v. Omnicare, Inc., # 16
Exhibit Part two - Complaint, United States v. Omnicare, Inc., # 17
Exhibit August 12, 2003 E-mails, # 18
Exhibit November 11 & 25, 2003 E-mails, # 19
Exhibit Letter from Charles G. Atkins of Strauss & Troy, # 20
Exhibit March 10, 2003 Omnicare Memorandum, # 21
Exhibit June 1, 2000 Omnicare Physician Authorization Letter Template, # 22
Exhibit Settlement Agreement between the State of Michigan and Omnicare, Inc.
(2006), # 23
Exhibit Settlement Agreement between DOJ and Omnicare, Inc. (2006), # 24
Exhibit E-mails from Bruce Cummins re Omnicare Rebate Dilemma, # 25
Exhibit February 1, 1999 Amendment to Supply Agreement, # 26
Exhibit August 25, 1998 Memorandum, # 27
Exhibit Consulting and Services Agreement Payment Schedule, 3Q00-1Q04, # 28
Exhibit Consulting Services Agreement, # 29
Exhibit Omnicare Profile for 2Q 2000, # 30
Exhibit October 1, 2000 Amendment to Supply Agreement, # 31
Exhibit July 8, 19 & 22, 2002 E-mails, # 32
Exhibit June 15, 1999 Letter, # 33
Exhibit January 2002 Long-Term Care Group Monthly Report, # 34
Exhibit April 16, 2003 Letter, # 35
Exhibit November 23, 2001 Memorandum, # 36
Exhibit July 2001 Long-Term Care Group Monthly Report, # 37
Exhibit June 19, 21 & 28, 2002 E-mails, # 38
Exhibit 1998/1999 Rebate Omnicare, # 39
Exhibit PowerPoint Presentation re Omnicare 2000 Business Plan, # 40
Exhibit Omnicare Company Profile, # 41
Exhibit June 19 & 21, 2002 E-mails, # 42
Exhibit December 15, 1999, Long-Term Care Group Update, # 43
Exhibit February 7 & 9, 2003 E-mails, # 44
Exhibit Complaint, United States v. Omnicare, Inc. and Ivax Pharms., Inc., # 45
Exhibit Financial Results Summary Schedule, # 46
Proposed Order)(Rosen, Henry) (Entered: 12/30/2010) |
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01/04/2011 |
MINUTE ENTRY
ORDER FOR STATUS CONFERENCE held on 1/3/2011 before Judge William O.
Bertelsman: Dfts. file resp. to plfs' motion for leave to amend 118
, as well as any motion they deem appropriate on or before 2/4/2011;
Plfs. file reply in support of motion for leave to amend, as well as
responses to any motions by dfts., on or before 3/4/11. Dfts file reply
in support of any motins on or before 3/25/11. (Court Reporter JOAN
AVERDICK.). Signed by Judge William O. Bertelsman on 1/4/2011. (KRS)cc: COR
(Entered: 01/04/2011) |
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02/04/2011 |
NOTICE OF
FILING by David W. Froesel, Jr, Joel F. Gemunder, Cheryl D. Hodges, Edward L.
Hutton, Sandra E. Laney, Omnicare, Inc. Notice of Filing Renewed Motion to
Dismiss Plaintiffs' Claim for Violation of Section 11 of the Securities Act
of 1933 and Opposition to Plaintiffs' Motion for Leave to File a Third
Amended Complaint (Robinson, William) (Entered: 02/04/2011) |
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02/04/2011 |
RESPONSE in
Opposition re 118
MOTION for Leave by Cement Mason Local 526 Combined Funds, Laborers District
Council Construction Industry Pension Fund to File the [Proposed] Second
Amended Consolidated Complaint for Violations of Section 11 of the Securities
Act of 1933 and Memorandum of Points and Authorities in Support of
Defendants' Renewed Motion to Dismiss Plaintiffs' Claim for Violation of
Section 11 of the Securities Act of 1933 filed by David W. Froesel, Jr,
Joel F. Gemunder, Cheryl D. Hodges, Edward L. Hutton, Sandra E. Laney, Omnicare,
Inc.. (Attachments: # 1
Declaration of Wm. T. Robinson |
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02/04/2011 |
MEMORANDUM OF
POINTS |
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02/11/2011 |
MOTION to
Withdraw as Attorney by Donna Chi (Topaz, Marc) (Additional attachment(s)
added on 2/14/2011: # 1
Proposed Order) (LST). (Entered: 02/11/2011) |
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02/14/2011 |
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NOTICE OF
DOCKET MODIFICATION TO Marc Topaz re 122
MOTION to Withdraw as Attorney by Donna Chi; Error: The proposed order was
filed together with the motion instead of as a separate attachment; Entry by
attorney; Correction: Clerk added the proposed order as a separate
attachment. In the future, file each exhibit separately from one another and
separate from the main document; No further action required by counsel. cc:
COR (LST) (Entered: 02/14/2011) |
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03/04/2011 |
REPLY to
Response to Motion re 118
MOTION for Leave by Cement Mason Local 526 Combined Funds, Laborers District
Council Construction Industry Pension Fund to File the [Proposed] Second
Amended Consolidated Complaint for Violations of Section 11 of the Securities
Act of 1933 filed by Cement Mason Local 526 Combined Funds, Indiana State
District Council of Laborers and Hod Carriers Pension and Welfare Fund.
(Attachments: # 1
Exhibit A - Corporate Integrity Agreement, # 2
Exhibit B (part 1 of 2) - 2010 Form 10-K, # 3
Exhibit B (part 2 of 2) - 2010 Form 10-K)(Rosen, Henry) Modified to clean up
docket text on 3/9/2011 (LST). (Entered: 03/04/2011) |
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03/04/2011 |
MOTION for
Hearing re 118
MOTION for Leave by Cement Mason Local 526 Combined Funds, Laborers District
Council Construction Industry Pension Fund to File the [Proposed] Second
Amended Consolidated Complaint for Violations of Section 11 of the Securities
Act of 1933 120
Notice of Filing, 123
Reply to Response to Motion, 121
Response in Opposition to Motion by Cement Mason Local 526 Combined Funds,
Indiana State District Council of Laborers and Hod Carriers Pension and
Welfare Fund (Attachments: # 1
Proposed Order)(Rosen, Henry) Modified to clean up text on 3/9/2011 (LST).
(Entered: 03/04/2011) |
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03/07/2011 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re 118
MOTION for Leave by Cement Mason Local 526 Combined Funds, Laborers District
Council Construction Industry Pension Fund to File the [Proposed] Second
Amended Consolidated Complaint for Violations of Section 11 of the Securities
Act of 1933 Securities Act of 1933 (LST) Modified to clean up text on
3/9/2011 (LST). (Entered: 03/07/2011) |
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03/08/2011 |
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NOTICE OF
DOCKET MODIFICATION TO William Robinson re 121
Response in Opposition to Motion; Error: This is a Response |
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03/08/2011 |
ORDER; 1)For
clarification purposes, Cerk of court will docket defs' Renewed Motion to
Dismiss as being filed on 2/4/2011; 2)Plas to file any further response
thereto by 3/18/2011; 3)Any reply thereto shall be filed by 3/25/2011.
Signed by Judge William O. Bertelsman on 03/08/2011.(LST)cc: COR (Entered:
03/08/2011) |
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03/16/2011 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re 122
MOTION to Withdraw as Attorney by Donna Chi (LST) (Entered: 03/16/2011) |
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03/18/2011 |
RESPONSE to
Motion re 125
MOTION to Dismiss by David W. Froesel, Jr, Joel F. Gemunder, Cheryl D.
Hodges, Edward L. Hutton, Sandra E. Laney, Omnicare, Inc. filed by Cement
Mason Local 526 Combined Funds, Indiana State District Council of Laborers
and Hod Carriers Pension and Welfare Fund. (Rosen, Henry) (Entered:
03/18/2011) |
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03/18/2011 |
ORDER GRANTING
MOTION TO WITHDRAW AS COUNSEL 122
: Attorney Richard A. Maniskas be permitted to w/draw as counsel for plf.
Donna Chi. Signed by Judge William O. Bertelsman on 3/18/2011. (KRS)cc: COR
(Entered: 03/21/2011) |
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03/25/2011 |
REPLY to
Response to Motion re 125
MOTION to Dismiss by David W. Froesel, Jr, Joel F. Gemunder, Cheryl D.
Hodges, Edward L. Hutton, Sandra E. Laney, Omnicare, Inc. filed by David W.
Froesel, Jr, Joel F. Gemunder, Cheryl D. Hodges, Edward L. Hutton, Sandra E.
Laney, Omnicare, Inc.. (Robinson, William) (Entered: 03/25/2011) |
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03/28/2011 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re 125
MOTION to Dismiss by David W. Froesel, Jr, Joel F. Gemunder, Cheryl D. Hodges,
Edward L. Hutton, Sandra E. Laney, Omnicare, Inc. (LST) (Entered: 03/28/2011) |
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03/29/2011 |
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***MOTION
SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re 124
MOTION for Hearing re re 118
MOTION for Leave by Cement Mason Local 526 Combined Funds, Laborers District
Council Construction Industry Pension Fund to File the [Proposed] Second
Amended Consolidated Complaint for Violations of Section 11 of the Sec (LST)
(Entered: 03/29/2011) |
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05/02/2011 |
ORDER; 1)The 124
MOTION for oral argument is GRANTED; 2) |
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05/03/2011 |
NOTICE of
Appearance by Michael E. Nitardy on behalf of All Defendants (Nitardy,
Michael) (Entered: 05/03/2011) |
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05/11/2011 |
ORDER: Oral
Argument re: plfs' motion to file Second Amended Complaint 118
and dfts' renewed motion to dismiss 125
set for 5/23/2011, by agreement of counsel, is continued to WEDNESDAY,
7/13/2011 01:00 PM in COVINGTON before Judge William O. Bertelsman.
Signed by Judge William O. Bertelsman on 5/11/2011.(KRS)cc: COR Modified to
correct file date on 5/12/2011 (KRS). (Entered: 05/12/2011) |
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07/14/2011 |
MEMORANDUM
OPINION |
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07/14/2011 |
SECOND AMENDED
COMPLAINT CONSOLIDATED COMPLAINT FOR VIOLATIONS OF THE SECURITIES ACT OF 1933
against David W. Froesel, Jr, Joel F. Gemunder, Cheryl D. Hodges, Edward L.
Hutton, filed by Cement Mason Local 526 Combined Funds, Donna Chi, Indiana
State District Council of Laborers and Hod Carriers Pension and Welfare Fund.
Filed Pursuant to 133
Order (Attachments: # 1
Exhibit 1 - Kammerer v. Omnicare, Inc. Complaint, # 2
Exhibit 2 - Maguire v. Omnicare, Inc. Complaint, # 3
Exhibit 3 - Lisitza v. Omnicare, Inc., # 4
Exhibit 4 - General Tony Wests Remarks, # 5
Exhibit 5 - November 3, 2009 DOJ Press Release, # 6
Exhibit 6 - United States v. Johnson and Johnson, # 7
Exhibit 7 - Omnicare - Current Analysis and Recommendations, # 8
Exhibit 8 - April 1997 Supply Agreement, # 9
Exhibit 9 - July 19, 1999 Omnicare Memorandum, # 10
Exhibit 10 - April 1999 Supply Agreement, # 11
Exhibit 11 - July 19, 1999 Omnicare Memorandum, # 12
Exhibit 12 - United States v. Omnicare, Inc., # 13
Exhibit 13 - Part One - United States v. Omnicare, Inc. Complaint, # 14
Exhibit 13 - Part Two - United States v. Omnicare, Inc. Complaint, # 15
Exhibit 14 - August 12, 2003 E-mails, # 16
Exhibit 15 - November 11 and 25, 2003 E-mails, # 17
Exhibit 16 - Letter from Charles G. Atkins of Strauss & Troy, # 18
Exhibit 17 - March 10, 2003 Omnicare Memorandum, # 19
Exhibit 18 - June 1, 2000 Omnicare Physician Authorization letter Template, #
20
Exhibit 19 - Settlement Agreement between the State of Michigan and Omnicare,
Inc., # 21
Exhibit 20 - Settlement Agreement between DOJ and Omnicare, Inc., # 22
Exhibit 21 - E-mails from Bruce Bruce Cummins re Omnicare Rebate Dilemma, # 23
Exhibit 22 - February 1, 1999 Amendment to Supply Agreement, # 24
Exhibit 23 - August 25, 1998 Memorandum, # 25
Exhibit 24 - Consulting and Services Agreement Payment Schedule, 3Q00-1Q04, #
26
Exhibit 25 - Consulting Services Agreement, # 27
Exhibit 26 - Omnicare Profile for 2Q 2000, # 28
Exhibit 27 - October 1, 2000 Amendment to Supply Agreement, # 29
Exhibit 28 - July 8, 19 and 22, 2002 E-mails, # 30
Exhibit 29 - June 15, 1999 Letter, # 31
Exhibit 30 - January 2002 Long-Term Care Group Monthly Report, # 32
Exhibit 31 - April 16, 2003 Letter, # 33
Exhibit 32 - November 23, 2001 Memorandum, # 34
Exhibit 33 - July 2001 Long-Term Care Group Monthly Report, # 35
Exhibit 34 - June 19, 21 and 28, 2002 E-Mails, # 36
Exhibit 35 - Exhibit 1998/1999 Rebate Omnicare, # 37
Exhibit 36 - Power Point Presentation re Omnicare 2000 Business Plan, # 38
Exhibit 37 - Omnicare Company Profile, # 39
Exhibit 38 - June 19 and 21, 2002 E-mails, # 40
Exhibit 39 - December 15, 1999, Long-Germ Care Group Update, # 41
Exhibit 40 - February 7 & 9, 2003 E-mails, # 42
Exhibit 41 - U.S. v. Omnicare, Inc. and Ivax Pharms, Inc. Complaint, # 43
Exhibit 42 - Financial Results Summary Schedule)(LST) (Entered: 07/14/2011) |
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07/15/2011 |
TRANSCRIPT of
Proceedings: |
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