US District Court Civil Docket as of 07/25/2011
Retrieved from the court on August 5, 2011

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:06-cv-00803-RJS


IN RE TAKE-TWO INTERACTIVE SECURITIES LITIGATION
Assigned to: Judge Richard J. Sullivan
Member cases:

    1:06-cv-01733-RJS

    1:06-cv-00987-RJS

    1:06-cv-01131-RJS

 

Related Cases: 

1:06-cv-00987-RJS

 

1:06-cv-01131-RJS

 

1:10-cv-07471-RJS

 

1:06-cv-01733-RJS

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


Date Filed:
02/01/2006
Date Terminated:
10/18/2010
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Lead Plaintiff

 

NYC Pension Funds

represented by

Jonathan M. Plasse
Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
(212) 907-0863
Fax: (212) 883-7063
Email: jplasse@labaton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ethan David Wohl
Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
(212)-907-0884
Fax: (212)-883-7084
Email: ewohl@labaton.com
ATTORNEY TO BE NOTICED

 

 

 

Special Master

 

 

Charles G. Moerdler

 

 

 

 

 

Special Master

 

 

Charles G. Moerdler

 

 

 

 

 

Plaintiff

 

 

John Fenninger
Individually

represented by

Samuel Howard Rudman
Robbins Geller Rudman & Dowd LLP(LI)
58 South Service Road
Suite 200

Melville, NY 11747

(631) 367-7100
Fax: (631) 367-1173
Email: srudman@csgrr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

John Fenninger
and on Behalf of all Others Similarly Situated

represented by

Samuel Howard Rudman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Movant

 

 

The TMERP Group

represented by

Peter Edward Seidman
Milberg LLP (NYC)
One Pennsylvania Plaza
New York, NY 10119
(212) 613-5625
Fax: (212) 868-1229
Email: pseidman@milberg.com
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

NYC Pension Funds

represented by

Jonathan M. Plasse
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

City of Flint Employees' Retirement System

represented by

Mario Alba , Jr
Robbins Geller Rudman & Dowd LLP(LI)
58 South Service Road
Suite 200

Melville, NY 11747

631-367-7100
Fax: 631-367-1173
Email: malba@csgrr.com
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

John O'Reilly

represented by

Mario Alba , Jr
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Teamsters Affiliates Pension Plan

represented by

Mario Alba , Jr
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Mississippi Public Employees' Retirement System

represented by

Evan J. Smith
Brodsky & Smith, L.L.C.
240 Mineola Blvd.
Mineola, NY 11501

516-741-4977
Email: esmith@brodsky-smith.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

The Marietta Group

represented by

James Elliot Lahm
Stull Stull & Brody
6 East 45th Street, 5th Floor
New York, NY 10017
(212)-687-7230
Fax: (212)-490-2022
Email: jlahm@ssbny.com
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Take-Two Interactive Software, Inc.

represented by

Leonard D. Steinman
Blank Rome LLP
405 Lexington Avenue
New York, NY 10174
212-885-5524
Fax: 917 332-3746
Email: lsteinman@blankrome.com
TERMINATED: 05/23/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Molly S. Boast
Debevoise & Plimpton LLP(919 Third Ave)
919 Third Avenue
New York, NY 10022
212 909-6000
Fax: 212 909-6836
Email: msboast@debevoise.com
TERMINATED: 10/17/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen Chahn Lee
Debevoise & Plimpton LLP
919 Third Avenue
New York, NY 10022
(212) 909-6911
Fax: (212) 909-6836
Email: sclee@debevoise.com
TERMINATED: 12/19/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ada Fernandez Johnson
Debevoise & Plimpton LLP (DC)
555 13th Street, N.W.
Washington, DC 20004
(202)-383-8036
Fax: (202)-383-8118
Email: afjohnso@debevoise.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Inbal Paz
Blank Rome LLP
405 Lexington Avenue
New York, NY 10174
(212)-885-5010
Fax: (917)-332-3709
Email: ipaz@blankrome.com
ATTORNEY TO BE NOTICED

James Vincent Masella ,
III
Blank Rome LLP
405 Lexington Avenue
New York, NY 10174
(212)-885-5562
Fax: (917)-332-3011
Email: jmasella@blankrome.com
ATTORNEY TO BE NOTICED

John B. Missing
Debevoise & Plimpton LLP (DC)
555 13th Street, N.W.
Washington, DC 20004
(202)-383-8070
Fax: (202)-383-8118
Email: jmissing@debevoise.com
ATTORNEY TO BE NOTICED

John V. Ponyicsanyi
Debevoise & Plimpton LLP (DC)
555 13th Street, N.W.
Washington, DC 20004
202-383-8000
Fax: 202-383-8118
Email: jponyics@debevoise.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Steven L. Caponi
Blank Rome LLP
1201 North Market Street
Suite 800
Wilmington, DE 19801
(302) 425-6408
Fax: (302) 425-6464
Email: caponi@blankrome.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Paul Eibeler

represented by

Claiborne Wirt Porter
Clifford Chance US, LLP (NYC)
31 West 52nd Street
New York, NY 10019
(212)-878-3263
Fax: (212)-878-8375
Email: clay.porter@cliffordchance.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David Meister
Clifford Chance US, LLP (NYC)
31 West 52nd Street
New York, NY 10019
(212)-878-8537
Fax: (212)-878-8375
Email: david.meister@cliffordchance.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James Drew Miller
Clifford Chance US, LLP (NYC)
31 West 52nd Street
New York, NY 10019
(212)-878-8254
Fax: (212)-878-8375
Email: jim.miller@cliffordchance.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Karl H. Winters

represented by

Andrew Michael Lawler
Andrew M. Lawler, P.C
641 Lexington Avenue, 27th Floor
New York, NY 10022
(212)832-3160
Fax: (212)832-3158
Email: alawler@amlpc.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Gary Lewis
TERMINATED: 04/16/2007

 

 

 

 

 

Defendant

 

 

Chairman/CEO Ryan Brant
Take-Two Interactive Software, Inc.

represented by

Edward M. Spiro
Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C
565 Fifth Avenue
New York, NY 10017
(212) 880-9460
Fax: (212) 856-9494
Email: espiro@magislaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lawrence Iason
Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C
565 Fifth Avenue
New York, NY 10017
(212) 880-9620
Fax: (212) 856-9494
Email: liason@magislaw.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

CEO Donovan
Rockstar Games, Inc.

represented by

Molly S. Boast
(See above for address)
TERMINATED: 10/17/2010
LEAD ATTORNEY

Stephen Chahn Lee
(See above for address)
TERMINATED: 12/19/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John B. Missing
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

President/Co-Founder Houser
Rockstar Games, Inc.

represented by

Molly S. Boast
(See above for address)
TERMINATED: 10/17/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen Chahn Lee
(See above for address)
TERMINATED: 12/19/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John B. Missing
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Rockstar Games, Inc.
wholly owned subsidiary of Take-Two Interactive Software, Inc.

represented by

Molly S. Boast
(See above for address)
TERMINATED: 10/17/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen Chahn Lee
(See above for address)
TERMINATED: 12/19/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John B. Missing
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Robert Flug

represented by

Gandolfo Vincent DiBlasi
Sullivan and Cromwell, LLP(NYC)
125 Broad Street
New York, NY 10004
(212)558-3836
Fax: (212)-558-3588
Email: diblasig@sullcrom.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen Ehrenberg
Sullivan and Cromwell, LLP(NYC)
125 Broad Street
New York, NY 10004
(212) 558-3269
Fax: (212) 558-3588
Email: ehrenbergs@sullcrom.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Oliver R. Grace, Jr.

represented by

Charles A. Stillman
Stillman, Friedman & Shechtman, P.C.
425 Park Avenue
New York, NY 10022
212 223 0200
Fax: 212 223 1942
Email: cstillman@stillmanfriedman.com
LEAD ATTORNEY

Michael John Grudberg
Stillman, Friedman & Shechtman, P.C.
425 Park Avenue
New York, NY 10022
212 223 0200
Fax: 212 223 1942
Email: mgrudberg@stillmanfriedman.com
ATTORNEY TO BE NOTICED

Nathaniel Ian Kolodny
Stillman, Friedman & Shechtman, P.C.
425 Park Avenue
New York, NY 10022
(212)-223-0200
Fax: (212)-223-1942
Email: nkolodny@stillmanfriedman.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Todd Emmel

represented by

Andrew Chapman Hruska
King & Spalding LLP (NYC)
1185 Avenue of the Americas
New York, NY 10036
(212)-556-2278
Fax: (212)-556-2222
Email: ahruska@kslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Corey Elanor Delaney
Thacher Profitt and Wood LLP (Two World Fin. Ctr)
Two World Financial Center
New York, NY 10281
(212) 912-8257
Fax: (212) 912-7751
Email: Corey.Delaney@dlapiper.com
ATTORNEY TO BE NOTICED

Jeffrey E. Livingston
Gilbert, Segall and Young, L.L.P.
430 Park Avenue
New York, NY 10022
(212) 644-4021
Fax: (212)-556-2200
Email: jlivingston@kslaw.com
ATTORNEY TO BE NOTICED

Louisa Banks Childs
King & Spalding LLP (NYC)
1185 Avenue of the Americas
New York, NY 10036
(212)-556-2128
Fax: (212)-556-2222
Email: lchilds@kslaw.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Terry Donovan

 

 

 

 

 

Defendant

 

 

Sam Houser

 

 

 

 

 

ADR Provider

 

 

Pamela Newmark Reed

 

 

 

 

 

 

Date Filed

#

Docket Text

02/02/2006

1 

COMPLAINT against Take-Two Interactive Software, Inc., Paul Eibeler, Karl H. Winters, Gary Lewis. (Filing Fee $ 250.00, Receipt Number 569110)Document filed by John Fenninger(Individually), John Fenninger(and on Behalf of all Others Similarly Situated).(es, ) Additional attachment(s) added on 2/3/2006 (mbe, ). (Entered: 02/02/2006)

02/02/2006

  

SUMMONS ISSUED as to Take-Two Interactive Software, Inc., Paul Eibeler, Karl H. Winters, Gary Lewis. (es, ) (Entered: 02/02/2006)

02/02/2006

  

Magistrate Judge Henry B. Pitman is so designated. (es, ) (Entered: 02/02/2006)

02/02/2006

  

Case Designated ECF. (es, ) (Entered: 02/02/2006)

04/03/2006

2 

MOTION to Appoint City of Tulsa, Oklahoma Municipal Employees' Retirement Plan and Max Kaplan to serve as lead plaintiff(s). Document filed by The TMERP Group. (Attachments: # 1 Text of Proposed Order)(Seidman, Peter) (Entered: 04/03/2006)

04/03/2006

3 

MEMORANDUM OF LAW in Support re: 2 MOTION to Appoint City of Tulsa, Oklahoma Municipal Employees' Retirement Plan and Max Kaplan to serve as lead plaintiff(s).. Document filed by The TMERP Group. (Seidman, Peter) (Entered: 04/03/2006)

04/03/2006

4 

DECLARATION of Peter E. Seidman in Support re: 2 MOTION to Appoint City of Tulsa, Oklahoma Municipal Employees' Retirement Plan and Max Kaplan to serve as lead plaintiff(s).. Document filed by The TMERP Group. (Attachments: # 1 Exhibit A - 1st Notice# 2 Exhibit B - Certifications# 3 Exhibit C - Loss Chart# 4 Exhibit D - Opinion# 5 Exhibit E - Firm Resume)(Seidman, Peter) (Entered: 04/03/2006)

04/03/2006

5 

MOTION to Appoint The New York City Employees' Retirement System, The New York City Police Pension Fund, and the New York City Fire Department Pension Fund to serve as lead plaintiff(s). Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 04/03/2006)

04/03/2006

6 

MEMORANDUM OF LAW in Support re: 5 MOTION to Appoint The New York City Employees' Retirement System, The New York City Police Pension Fund, and the New York City Fire Department Pension Fund to serve as lead plaintiff(s).. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 04/03/2006)

04/03/2006

7 

DECLARATION of Bruce E. Stanton, Esq. in Support re: 5 MOTION to Appoint The New York City Employees' Retirement System, The New York City Police Pension Fund, and the New York City Fire Department Pension Fund to serve as lead plaintiff(s).. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 04/03/2006)

04/03/2006

8 

DECLARATION of Jonathan Plasse, Esq. in Support re: 5 MOTION to Appoint The New York City Employees' Retirement System, The New York City Police Pension Fund, and the New York City Fire Department Pension Fund to serve as lead plaintiff(s).. Document filed by NYC Pension Funds. (Attachments: # 1 Exhibit A - Loss Analysis# 2 Exhibit B - Notice of Filing# 3 Exhibit C - Firm Resume)(Plasse, Jonathan) (Entered: 04/03/2006)

04/03/2006

9 

MOTION to Appoint City of Flint Employees? Retirement System, Teamsters Affiliates Pension Plan and John O?Reilly to serve as lead plaintiff(s). Document filed by City of Flint Employees' Retirement System, John O'Reilly, Teamsters Affiliates Pension Plan. (Attachments: # 1 Text of Proposed Order)(Alba, Mario) (Entered: 04/03/2006)

04/03/2006

10 

DECLARATION of Mario Alba Jr. in Support re: 9 MOTION to Appoint City of Flint Employees? Retirement System, Teamsters Affiliates Pension Plan and John O?Reilly to serve as lead plaintiff(s).. Document filed by City of Flint Employees' Retirement System, John O'Reilly, Teamsters Affiliates Pension Plan. (Attachments: # 1 Exhibit A - notice of first filed action# 2 Exhibit B - loss chart# 3 Exhibit C - certifications# 4 Exhibit D - LCSGRR firm resume)(Alba, Mario) (Entered: 04/03/2006)

04/03/2006

11 

MEMORANDUM OF LAW in Support re: 9 MOTION to Appoint City of Flint Employees? Retirement System, Teamsters Affiliates Pension Plan and John O?Reilly to serve as lead plaintiff(s).. Document filed by City of Flint Employees' Retirement System, John O'Reilly, Teamsters Affiliates Pension Plan. (Alba, Mario) (Entered: 04/03/2006)

04/03/2006

12 

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liaison Counsel. Document filed by Mississippi Public Employees' Retirement System. (Attachments: # 1 Memorandum of Law in Support of Motion to Consolidate and Appoint Lead Plaintiff and Lead and Liaison Counsel# 2 Declaration of Evan Smith in Support of Motion to Consolidate and Appoint Lead Plaintiff and Lead and Liaison Counsel# 3 Exhibit A-C to Declaration# 4 Exhibit D to Declaration# 5 Exhibit E (Part I) to Declaration# 6 Exhibit E (Part II) to Declaration# 7 Exhibit F to Declaration# 8 Certificate of Service# 9 Proposed Order)(Smith, Evan) Modified on 4/4/2006 (kg, ). (Entered: 04/03/2006)

04/03/2006

13 

MOTION to Appoint City of Marietta Employees Pension Fund and Ruth Segal to serve as lead plaintiff(s). Document filed by The Marietta Group. (Attachments: # 1 Text of Proposed Order)(Lahm, James) (Entered: 04/03/2006)

04/03/2006

14 

MEMORANDUM OF LAW in Support re: 13 MOTION to Appoint City of Marietta Employees Pension Fund and Ruth Segal to serve as lead plaintiff(s).. Document filed by The Marietta Group. (Lahm, James) (Entered: 04/03/2006)

04/03/2006

15 

DECLARATION of James E. Lahm in Support re: 13 MOTION to Appoint City of Marietta Employees Pension Fund and Ruth Segal to serve as lead plaintiff(s).. Document filed by The Marietta Group. (Attachments: # 1 Exhibit A. - Notice# 2 Exhibit B - Plaintiff Certifications# 3 Exhibit C - Loss Chart# 4 Exhibit D - Firm R?sum?)(Lahm, James) (Entered: 04/03/2006)

04/03/2006

16 

ENDORSED LETTER addressed to Judge Berman from Mario Alba dated 3/31/06: granting request for leae from complying with the pre motion conference requirement re motion for appointment as lead plaintiff. (Signed by Judge Richard M. Berman on 4/3/06) (cd, ) Additional attachment(s) added on 4/4/2006 (cd, ). (Entered: 04/04/2006)

04/04/2006

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Evan Smith to RE-FILE Document 12 MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liaison Counsel. ERROR(S): Filing Error of Attachments. Supporting Documents must be filed separately. (kg) (Entered: 04/04/2006)

04/04/2006

17 

MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liason Counsel (Re-e-filed per court's instruction). Document filed by Mississippi Public Employees' Retirement System. (Smith, Evan) (Entered: 04/04/2006)

04/04/2006

18 

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Re-e-filed Declaration per courts instruction re: 17 MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liason Counsel (Re-e-filed per court's instruction) (DECLARATION OF EVAN J. SMITH IN SUPPORT OF MOTION). Document filed by Mississippi Public Employees' Retirement System. (Attachments: # 1 Exhibits A-C to Declaration# 2 Exhibit D to Declaration# 3 Exhibit E (Part I) to Declaration# 4 Exhibit E (Part II) to Declaration# 5 Exhibit F to Declaration)(Smith, Evan) Modified on 4/5/2006 (kg). (Entered: 04/04/2006)

04/04/2006

19 

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Re-e-filing of Memorandum of law in support of motion per court's instruction re: 17 MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liason Counsel (Re-e-filed per court's instruction) (MEMORANDUM OF LAW IN SUPPORT OF MOTION). Document filed by Mississippi Public Employees' Retirement System. (Smith, Evan) Modified on 4/5/2006 (kg). (Entered: 04/04/2006)

04/04/2006

20 

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of Re-e-filing of Proposed Order for Motion to consolidate and Appoint Lead Plaintiff and Lead and Liaison Counsel per Court's Instruction re: 17 MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liason Counsel (Re-e-filed per court's instruction) (PROPOSED ORDER). Document filed by Mississippi Public Employees' Retirement System. (Smith, Evan) Modified on 4/5/2006 (kg). (Entered: 04/04/2006)

04/04/2006

21 

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Re-e-filing of Certificate of Service per Court's Instructions re: 17 MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liason Counsel (Re-e-filed per court's instruction) (CERTIFICATE OF SERVICE). Document filed by Mississippi Public Employees' Retirement System. (Smith, Evan) Modified on 4/5/2006 (kg). (Entered: 04/04/2006)

04/05/2006

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Evan Smith to RE-FILE Document 18 Notice (Other), Notice (Other), Notice (Other). Use the document type Declaration in support of motion found under the document list Responses and Replies. (kg) (Entered: 04/05/2006)

04/05/2006

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Evan Smith to RE-FILE Document 19 Notice (Other), Notice (Other). Use the document type Memorandum of Law in support of Motion found under the document list Responses and Replies. (kg) (Entered: 04/05/2006)

04/05/2006

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Evan J. Smith to E-MAIL pdf copy of order to orders_and_judgments@nysd.uscourts.gov Document No. 20 Proposed Order Consolidating Actions. This document is not filed via ECF. (kg) (Entered: 04/05/2006)

04/05/2006

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Evan J. Smith to RE-FILE Document 21 Notice (Other), Notice (Other). Use the document type Certificate of Service Other found under the document list Service of Process. (kg) (Entered: 04/05/2006)

04/05/2006

22 

DECLARATION of Evan J. Smith, Esquire in Support re: 17 MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liason Counsel (Re-e-filed per court's instruction).. Document filed by Mississippi Public Employees' Retirement System. (Attachments: # 1 Exhibits A-C# 2 Exhibit D# 3 Exhibit E (Part I)# 4 Exhibit E (Part II)# 5 Exhibit F)(Smith, Evan) (Entered: 04/05/2006)

04/05/2006

23 

MEMORANDUM OF LAW in Support re: 17 MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liason Counsel (Re-e-filed per court's instruction). (Re-e-filed per Court's Instructions). Document filed by Mississippi Public Employees' Retirement System. (Smith, Evan) (Entered: 04/05/2006)

04/05/2006

24 

ENDORSED LETTER addressed to Judge Shirley Wohl Kram from Christopher J. Keller dated 4/3/06 re: Counsel writes to request that the pre-motion conference be waived and that leave be granted to file the Lead Plaintiff Motion. The application is granted. So Ordered. (Signed by Judge Shirley Wohl Kram on 4/5/06) (jco, ) (Entered: 04/05/2006)

04/05/2006

25 

CERTIFICATE OF SERVICE of Notice of Motion to consolidate and appoint Lead Plaintiff and Lead and Liaison Counsel on April 4, 2006. Service was made by Mail. Document filed by Mississippi Public Employees' Retirement System. (Smith, Evan) (Entered: 04/05/2006)

04/10/2006

26 

NOTICE OF APPEARANCE by Inbal Paz on behalf of Take-Two Interactive Software, Inc. (Paz, Inbal) (Entered: 04/10/2006)

04/10/2006

27 

NOTICE OF APPEARANCE by Leonard D. Steinman on behalf of Take-Two Interactive Software, Inc. (Steinman, Leonard) (Entered: 04/10/2006)

04/20/2006

28 

MEMORANDUM OF LAW in Opposition re: 17 MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liason Counsel (Re-e-filed per court's instruction)., 13 MOTION to Appoint City of Marietta Employees Pension Fund and Ruth Segal to serve as lead plaintiff(s)., 2 MOTION to Appoint City of Tulsa, Oklahoma Municipal Employees' Retirement Plan and Max Kaplan to serve as lead plaintiff(s)., 5 MOTION to Appoint The New York City Employees' Retirement System, The New York City Police Pension Fund, and the New York City Fire Department Pension Fund to serve as lead plaintiff(s).. Document filed by City of Flint Employees' Retirement System, John O'Reilly, Teamsters Affiliates Pension Plan. (Alba, Mario) (Entered: 04/20/2006)

04/20/2006

29 

NOTICE of Withdrawal of Motion to Consolidate and For Appointment of Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel re: 17 MOTION to Consolidate Cases 1:06-cv-0987, 1:06-cv-1131, 1:06-cv-1733 and Appoint Lead Plaintiff and Lead and Liason Counsel (Re-e-filed per court's instruction)., 23 Memorandum of Law in Support of Motion,. Document filed by Mississippi Public Employees' Retirement System. (Smith, Evan) (Entered: 04/20/2006)

04/20/2006

30 

MEMORANDUM OF LAW in Opposition re: 13 MOTION to Appoint City of Marietta Employees Pension Fund and Ruth Segal to serve as lead plaintiff(s)., 2 MOTION to Appoint City of Tulsa, Oklahoma Municipal Employees' Retirement Plan and Max Kaplan to serve as lead plaintiff(s)., 9 MOTION to Appoint City of Flint Employees? Retirement System, Teamsters Affiliates Pension Plan and John O?Reilly to serve as lead plaintiff(s).. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 04/20/2006)

05/01/2006

31 

REPLY MEMORANDUM OF LAW in Support re: 5 MOTION to Appoint The New York City Employees' Retirement System, The New York City Police Pension Fund, and the New York City Fire Department Pension Fund to serve as lead plaintiff(s).. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 05/01/2006)

07/12/2006

32 

SCHEDULING ORDER: lead plntf shall file a consolidated amended class action complaint no later than 60 days after entry of an order appointing it lead plaintiff. DEfts may serve and file motions to dismiss, if any, no later than 60 days after service of the consolidated Amended Complaint, and as further set forth in this document. (Signed by Judge Shirley Wohl Kram on 7/12/06) (cd, ) (Entered: 07/13/2006)

07/12/2006

33 

ORDER granting 5 MOTION to Appoint The New York City Employees' Retirement System, The New York City Police Pension Fund, and the New York City Fire Department Pension Fund to serve as lead plaintiff(s). filed by NYC Pension Funds. 06-803, lead case, is consolidated with member cases 06-987, 06-1131, 06-1733. The NYC Pension Funds are appointed as Lead Plaintiffs and Approving Lead Plaintiffs' Selection of Lead Counsel. (Signed by Judge Shirley Wohl Kram on 7/12/06) (cd, ) (Entered: 07/13/2006)

09/11/2006

34 

CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending 1 Complaint, against Ryan Brant, Donovan, Houser, Rockstar Games, Inc., Take-Two Interactive Software, Inc., Paul Eibeler, Karl H. Winters.Document filed by NYC Pension Funds. Related document: 1 Complaint, filed by John Fenninger.(db, ) Additional attachment(s) added on 9/21/2006 (db, ). (Entered: 09/14/2006)

09/28/2006

35 

SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Ryan Brant served on 9/25/2006, answer due 11/24/2006. Service was accepted by Ben Fischer. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 09/28/2006)

09/28/2006

36 

SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Donovan served on 9/21/2006, answer due 11/20/2006. Service was accepted by Dan Hemerson, Vice President Associate Counsel. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 09/28/2006)

09/28/2006

37 

SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Houser served on 9/21/2006, answer due 11/20/2006. Service was accepted by Dan Hemerson, Vice President Associate Counsel. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 09/28/2006)

10/06/2006

38 

SUMMONS RETURNED EXECUTED. Houser served on 10/3/2006, answer due 12/4/2006. Service was accepted by Colleen Faulkner, Executive Assistant. Service was made by Mail. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 10/06/2006)

10/17/2006

39 

NOTICE OF APPEARANCE by Molly S. Boast on behalf of Donovan, Houser (Boast, Molly) (Entered: 10/17/2006)

11/09/2006

40 

MOTION for John B. Missing to Appear Pro Hac Vice. Document filed by Donovan, Houser. (jco, ) (Entered: 11/13/2006)

11/15/2006

41 

ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney John B. Missing for Donovan and Houser admitted Pro Hac Vice. (Signed by Judge Shirley Wohl Kram on 11/15/06) (js, ) (Entered: 11/16/2006)

11/15/2006

  

Transmission to Attorney Admissions Clerk. Transmitted re: 41 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js, ) (Entered: 11/16/2006)

11/15/2006

42 

STIPULATED AMENDED SCHEDULING ORDER: dft's may serve and file motions to dismiss by 12/22/2006. Dfts. need not answer, move against or otherwise respond to the Amended Complaint prior to 12/22/06. Dft's replies due by 3/27/2007. (Signed by Judge Shirley Wohl Kram on 11/15/06) (js, ) Modified on 11/16/2006 (pl, ). (Entered: 11/16/2006)

11/15/2006

  

Set Answer Due Date purs. to 42 Scheduling Order as to Ryan Brant answer due on 12/22/2006; Donovan answer due on 12/22/2006; Houser answer due on 12/22/2006; Rockstar Games, Inc. answer due on 12/22/2006; Take-Two Interactive Software, Inc. answer due on 12/22/2006; Paul Eibeler answer due on 12/22/2006; Karl H. Winters answer due on 12/22/2006. (js, ) (Entered: 11/16/2006)

12/05/2006

  

CASHIERS OFFICE REMARK in the amount of $25.00, paid on 11/9/2006, Receipt Number 596479. JOHN B. MISSING (gm, ) (Entered: 12/05/2006)

12/06/2006

43 

NOTICE OF APPEARANCE by Clairborne Wirt Porter on behalf of Paul Eibeler (Porter, Clairborne) (Entered: 12/06/2006)

12/06/2006

44 

NOTICE OF APPEARANCE by James Drew Miller on behalf of Paul Eibeler (Miller, James) (Entered: 12/06/2006)

12/06/2006

45 

NOTICE OF APPEARANCE by David Meister on behalf of Paul Eibeler (Meister, David) (Entered: 12/06/2006)

12/21/2006

46 

MOTION for Steven L. Caponi to Appear Pro Hac Vice. Document filed by Take-Two Interactive Software, Inc. (jco, ) (Entered: 12/21/2006)

01/03/2007

47 

ORDER granting 46 Motion for Steven Caponi to Appear Pro Hac Vice. . (Signed by Judge Shirley Wohl Kram on 1/3/07) (dle, ) (Entered: 01/03/2007)

01/03/2007

  

Transmission to Attorney Admissions Clerk. Transmitted re: 47 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (dle, ) (Entered: 01/03/2007)

01/03/2007

48 

STIPULATION AND AMENDED SCHEDULING ORDER: plaintiffs may serve and file a second amended complaint as further set forth in this order; dfts will move against or otherwise respond to the amended complaint as further set forth in this order. (Signed by Judge John G. Koeltl on 1/3/07) (dle, ) (Entered: 01/03/2007)

01/03/2007

49 

STIPULATED AMENDED SCHEDULING ORDER: Plaintiffs may serve and file a Second Amended Complaint, if any, no later than 45 days after the later to occur of:(a) a public announcement or tother notice, if any, that state the conclusions of the Investigation, or(b) the filing with the Securities and Exchange Commission by Take-Two of restated financial statements. Defednants will move against or otherwise respond to the Amended Complaint(or Second Amended Complaint, whichever is then operative) no later than 45 days from the earlier to occur of(a) the service and filing of a Second Amended Complaint as authorized by paragraph 1 above,or (b)service of written notice by PLaintiffs that Plaintiffs will not file a Second Amended Complaint as authorized by paragraph 1 above. Notwithstanding the foregoing, if nether(a)nor(b) of paragraph 1 occurs before February 28, 2007 then Defendants will move against or ortheise respond to the Amended Complaint on or before April 16, 2007. Responses due by 4/16/2007 (Signed by Judge Shirley Wohl Kram on 1/3/2007) (jmi, ) (Entered: 01/05/2007)

01/08/2007

  

CASHIERS OFFICE REMARK on 47 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/21/2006, Receipt Number 600840. (jd, ) (Entered: 01/08/2007)

02/21/2007

50 

NOTICE OF APPEARANCE by James Vincent Masella, III on behalf of Take-Two Interactive Software, Inc. (Attachments: # 1 Affidavit Certificate of Service)(Masella, James) (Entered: 02/21/2007)

04/16/2007

51 

CONSOLIDATED SECOND AMENDED CLASS ACTION COMPLAINT amending 34 Amended Complaint, against Ryan Brant, Donovan, Houser, Rockstar Games, Inc., Take-Two Interactive Software, Inc., Paul Eibeler, Karl H. Winters, Gary Lewis.Document filed by NYC Pension Funds. Related document: 34 Amended Complaint, filed by NYC Pension Funds.(jco) (Entered: 04/19/2007)

04/26/2007

52 

WAIVER OF SERVICE RETURNED EXECUTED. Robert Flug waiver sent on 4/26/2007, answer due 6/25/2007. Document filed by NYC Pension Funds. (Wohl, Ethan) (Entered: 04/26/2007)

04/27/2007

53 

WAIVER OF SERVICE RETURNED EXECUTED. Oliver R. Grace, Jr waiver sent on 4/27/2007, answer due 6/26/2007. Document filed by NYC Pension Funds. (Wohl, Ethan) (Entered: 04/27/2007)

05/08/2007

54 

WAIVER OF SERVICE RETURNED EXECUTED. Todd Emmel waiver sent on 5/7/2007, answer due 7/6/2007. Document filed by NYC Pension Funds. (Wohl, Ethan) (Entered: 05/08/2007)

05/08/2007

55 

WAIVER OF SERVICE RETURNED EXECUTED. Rockstar Games, Inc. waiver sent on 5/7/2007, answer due 7/6/2007. Document filed by NYC Pension Funds. (Wohl, Ethan) (Entered: 05/08/2007)

05/16/2007

56 

NOTICE OF APPEARANCE by Molly S. Boast on behalf of Rockstar Games, Inc. (Boast, Molly) (Entered: 05/16/2007)

05/18/2007

57 

NOTICE OF APPEARANCE by Charles A. Stillman on behalf of Oliver R. Grace, Jr (Stillman, Charles) (Entered: 05/18/2007)

05/18/2007

58 

NOTICE OF APPEARANCE by Michael John Grudberg on behalf of Oliver R. Grace, Jr (Grudberg, Michael) (Entered: 05/18/2007)

05/18/2007

59 

NOTICE OF APPEARANCE by Nathaniel Ian Kolodny on behalf of Oliver R. Grace, Jr (Kolodny, Nathaniel) (Entered: 05/18/2007)

05/22/2007

60 

NOTICE OF APPEARANCE by John B. Missing on behalf of Rockstar Games, Inc., Take-Two Interactive Software, Inc. (Missing, John) (Entered: 05/22/2007)

05/22/2007

61 

NOTICE OF APPEARANCE by Stephen Chan Lee on behalf of Donovan, Houser, Rockstar Games, Inc., Take-Two Interactive Software, Inc. (Lee, Stephen) (Entered: 05/22/2007)

05/23/2007

62 

STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: It is hereby stipulated and agreed, by and between the undersigned, that Debevoise & Plimpton LLP. is hereby substituted for Blank Rome LLP. as counsel of record for defendant Take two Interactive software, Inc. in the above captioned action. Debevoise & Plimpton LLP. respectfully requests that a copy of all papers in this proceeding be served upon Molly S. Boast, a member of the firm, at the firm's offices at 919 Third Avenue, New York, N.Y. 10022. (Signed by Judge Shirley Wohl Kram on 5/23/07) (js) (Entered: 05/24/2007)

05/30/2007

63 

ENDORSED LETTER addressed to Judge Shirley W. Kram from Jonathan M. Plasse dated 5/16/2007 re: plt's request that the Court (i) authorize them to file a motion for partial summary judgment, without a pre-motion conference, or (ii) schedule a pre-motion conference. Endorsement: After considering the parties' submissions on this issue, the Court denies the plaintiffs' request for leave to file a motion for partial summary judgment prior to its resolution of the forthcoming motions to dismiss, and the subsequent commencement of discovery, if appropriate. The Court also denies the plt's request for a pre-motion conference, which would not assist its analysis of this matter. SO ORDERED. (Signed by Judge Shirley Wohl Kram on 5/30/2007) (jar) (Entered: 05/31/2007)

05/30/2007

64 

STIPULATED SCHEDULING ORDER: Deft's motion to dismiss the SAC shall be due as follows: Opening briefs of Take-Two, Rockstar Games, Inc., Terry Donovan, and Sam Houser due by 6/18/2007. Opening briefs of all other defts due by 7/2/2007. Omnibus opposition brief of plts due 8/27/2007. Reply briefs of all defts due thirty (30) days after receipt of Plts' opposition brief. Motions due by 6/18/2007. Responses due by 8/27/2007. (Signed by Judge Shirley Wohl Kram on 5/30/2007) (jar) M. (Entered: 05/31/2007)

05/31/2007

65 

NOTICE OF APPEARANCE by Andrew Chapman Hruska on behalf of Todd Emmel (Attachments: # 1 Certificate of Good Standing)(Hruska, Andrew) (Entered: 05/31/2007)

05/31/2007

66 

NOTICE OF APPEARANCE by Corey Elanor Delaney on behalf of Todd Emmel (Attachments: # 1 Certificate of Service)(Delaney, Corey) (Entered: 05/31/2007)

06/05/2007

67 

NOTICE OF APPEARANCE by Gandolfo Vincent DiBlasi on behalf of Robert Flug (DiBlasi, Gandolfo) (Entered: 06/05/2007)

06/20/2007

68 

STIPULATED SCHEDULING ORDER: defendants' motion to dismiss the SAC shall be due as follows: motion of Take-Two, Rockstar, Terry Donovan, and Sam House due 6/25/2007, motion for all other defendants due 7/9/2007, opposition of plaintiffs due by 9/3/2007, replies of all defendants due thirty days after the receipt of plaintiff's opposition. If any defendant elects to answer the SAC in lieu of moving to dismiss, such defendant's answer shall be due 7/9/2007. (Signed by Judge Shirley Wohl Kram on 6/20/07) (kco) (Entered: 06/21/2007)

06/25/2007

69 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Take-Two Interactive Software, Inc..(Lee, Stephen) (Entered: 06/25/2007)

06/25/2007

70 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rockstar Games, Inc..(Lee, Stephen) (Entered: 06/25/2007)

06/25/2007

71 

MOTION to Dismiss / Notice of Motion to Dismiss. Document filed by Donovan, Houser, Rockstar Games, Inc., Take-Two Interactive Software, Inc..(Lee, Stephen) (Entered: 06/25/2007)

06/25/2007

72 

MEMORANDUM OF LAW in Support re: 71 MOTION to Dismiss / Notice of Motion to Dismiss. / Defendant Take-Two Interactive Software, Inc.'s Memorandum of Law in Support of its Motion to Dismiss the Consolidated Second Amended Class Action Complaint (Grand Theft Auto: San Andreas). Document filed by Take-Two Interactive Software, Inc.. (Lee, Stephen) (Entered: 06/25/2007)

06/25/2007

73 

MEMORANDUM OF LAW in Support re: 71 MOTION to Dismiss / Notice of Motion to Dismiss. / Defendant Take-Two Interactive Software, Inc.'s Memorandum of Law in Support of its Motion to Dismiss the Consolidated Second Amended Class Action Complaint (Options). Document filed by Take-Two Interactive Software, Inc.. (Lee, Stephen) (Entered: 06/25/2007)

06/25/2007

74 

MEMORANDUM OF LAW in Support re: 71 MOTION to Dismiss / Notice of Motion to Dismiss. / Defendants Sam Houser, Terry Donovan, and Rockstar Games, Inc.'s Memorandum of Law in Support of Their Motion to Dismiss the Consolidated Second Amended Class Action Complaint. Document filed by Donovan, Houser, Rockstar Games, Inc.. (Lee, Stephen) (Entered: 06/25/2007)

06/25/2007

75 

DECLARATION of Stephen Chahn Lee in Support re: 71 MOTION to Dismiss / Notice of Motion to Dismiss.. Document filed by Donovan, Houser, Rockstar Games, Inc., Take-Two Interactive Software, Inc.. (Attachments: # 1 Exhibit 1 to Lee Declaration# 2 Exhibit 2 to Lee Declaration# 3 Exhibit 3 to Lee Declaration# 4 Exhibit 4 to Lee Declaration# 5 Exhibit 5 to Lee Declaration# 6 Exhibit 6 to Lee Declaration# 7 Exhibit 7 to Lee Declaration# 8 Exhibit 8 to Lee Declaration# 9 Exhibit 9 to Lee Declaration# 10 Exhibit 10 to Lee Declaration# 11 Exhibit 11 to Lee Declaration# 12 Exhibit 12 to Lee Declaration# 13 Exhibit 13 to Lee Declaration# 14 Exhibit 14 to Lee Declaration# 15 Exhibit 15 to Lee Declaration# 16 Exhibit 16 to Lee Declaration)(Lee, Stephen) (Entered: 06/25/2007)

07/09/2007

76 

MOTION to Dismiss the Consolidated Second Amended Class Action Complaint. Document filed by Paul Eibeler.(Miller, James) (Entered: 07/09/2007)

07/09/2007

77 

MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Paul Eibeler. (Miller, James) (Entered: 07/09/2007)

07/09/2007

78 

JOINDER to join re: 71 MOTION to Dismiss / Notice of Motion to Dismiss., 74 Memorandum of Law in Support of Motion, 73 Memorandum of Law in Support of Motion, 72 Memorandum of Law in Support of Motion, the Motions to Dismiss the Consolidated Second Amended Class Action Complaint and Supporting Memoranda of Law filed by Defendants' Take-Two Interactive Software, Inc., Sam Houser, Terry Donovan, and Rockstar Games, Inc.. Document filed by Paul Eibeler.(Miller, James) (Entered: 07/09/2007)

07/09/2007

79 

MOTION to Dismiss the Consolidated Second Amended Class Action Complaint. Document filed by Todd Emmel.Responses due by 9/3/2007 (Attachments: # 1 Certificate of Service)(Hruska, Andrew) (Entered: 07/09/2007)

07/09/2007

80 

MEMORANDUM OF LAW in Support re: 79 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Todd Emmel. (Attachments: # 1 Certificate of Service)(Hruska, Andrew) (Entered: 07/09/2007)

07/09/2007

81 

DECLARATION of Corey E. Delaney in Support re: 79 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Todd Emmel. (Attachments: # 1 Exhibits No. 1 to 6# 2 Exhibit Nos. 7 to 11# 3 Certificate of Service)(Delaney, Corey) (Entered: 07/09/2007)

07/09/2007

82 

MOTION to Dismiss the Consolidated Second Amended Class Action Complaint. Document filed by Robert Flug, Oliver R. Grace, Jr.(DiBlasi, Gandolfo) (Entered: 07/09/2007)

07/09/2007

83 

DECLARATION of Aaron S. Foldenauer in Support re: 82 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Robert Flug, Oliver R. Grace, Jr. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(DiBlasi, Gandolfo) (Entered: 07/09/2007)

07/09/2007

84 

MEMORANDUM OF LAW in Support re: 82 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Robert Flug, Oliver R. Grace, Jr. (DiBlasi, Gandolfo) (Entered: 07/09/2007)

07/09/2007

85 

NOTICE OF APPEARANCE by Edward M. Spiro on behalf of Ryan Brant (Spiro, Edward) (Entered: 07/09/2007)

07/09/2007

86 

MOTION to Dismiss. Document filed by Ryan Brant.(Spiro, Edward) (Entered: 07/09/2007)

07/09/2007

87 

DECLARATION of Edward M. Spiro in Support re: 86 MOTION to Dismiss.. Document filed by Ryan Brant. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Spiro, Edward) (Entered: 07/09/2007)

07/09/2007

88 

MEMORANDUM OF LAW in Support re: 86 MOTION to Dismiss.. Document filed by Ryan Brant. (Spiro, Edward) (Entered: 07/09/2007)

07/09/2007

89 

CERTIFICATE OF SERVICE of Motion to Dismiss, Declaration of Edward M. Spiro, and Memorandum of Law served on all counsel of record on July 9, 2007. Document filed by Ryan Brant. (Spiro, Edward) (Entered: 07/09/2007)

07/09/2007

90 

NOTICE OF APPEARANCE by Lawrence Iason on behalf of Ryan Brant (Iason, Lawrence) (Entered: 07/09/2007)

07/10/2007

91 

MOTION to Dismiss Consolidated Second Amended Class Action Complaint. Document filed by Karl H. Winters.(Lawler, Andrew) (Entered: 07/10/2007)

07/10/2007

92 

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss (Declaration of Andrew M. Lawler in support of Motion to Dismiss). Document filed by Karl H. Winters.(Lawler, Andrew) Modified on 7/11/2007 (KA). (Entered: 07/10/2007)

07/10/2007

93 

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss (Memorandum of Law in Support of Motion). Document filed by Karl H. Winters.(Lawler, Andrew) Modified on 7/11/2007 (KA). (Entered: 07/10/2007)

07/10/2007

94 

MOTION to Dismiss Notice of Motion. Document filed by Karl H. Winters.(Lawler, Andrew) (Entered: 07/10/2007)

07/11/2007

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Andrew Michael Lawler to RE-FILE Document 92 MOTION to Dismiss (Declaration). Use the document type Declaration in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (KA) (Entered: 07/11/2007)

07/11/2007

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Andrew Michael Lawler to RE-FILE Document 93 MOTION to Dismiss (Memorandum of Law in Support of Motion). Use the document type Memorandum of Law in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (KA) (Entered: 07/11/2007)

07/11/2007

95 

DECLARATION of Andrew M. Lawler in Support re: 91 MOTION to Dismiss Consolidated Second Amended Class Action Complaint.. Document filed by Karl H. Winters. (Lawler, Andrew) (Entered: 07/11/2007)

07/11/2007

96 

MEMORANDUM OF LAW in Support re: 91 MOTION to Dismiss Consolidated Second Amended Class Action Complaint.. Document filed by Karl H. Winters. (Lawler, Andrew) (Entered: 07/11/2007)

07/24/2007

97 

AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying OppenheimerFunds, Inc., FMR Corp. and Unicredito Italiano S.p.A. as corporate parents. Document filed by Take-Two Interactive Software, Inc..(Lee, Stephen) Modified on 7/25/2007 (Lewis, Diahan). (Entered: 07/24/2007)

09/04/2007

98 

MEMORANDUM OF LAW in Opposition re: 76 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint., 71 MOTION to Dismiss / Notice of Motion to Dismiss., 82 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint., 79 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint., 86 MOTION to Dismiss., 91 MOTION to Dismiss Consolidated Second Amended Class Action Complaint. / PLAINTIFFS' OMNIBUS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS THE CONSOLIDATED SECOND AMENDED COMPLAINT. Document filed by NYC Pension Funds. (Wohl, Ethan) (Entered: 09/04/2007)

09/04/2007

99 

DECLARATION of ETHAN D. WOHL in Opposition re: 76 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint., 71 MOTION to Dismiss / Notice of Motion to Dismiss., 82 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint., 79 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint., 86 MOTION to Dismiss., 91 MOTION to Dismiss Consolidated Second Amended Class Action Complaint.. Document filed by NYC Pension Funds. (Attachments: # 1 Exhibit 1-16# 2 CERTIFICATE OF SERVICE)(Wohl, Ethan) (Entered: 09/04/2007)

09/20/2007

100 

NOTICE of Change of Firm Name and Address. Document filed by NYC Pension Funds. (Wohl, Ethan) (Entered: 09/20/2007)

10/02/2007

101 

ENDORSED LETTER addressed to Judge Shirley Wohl Kram from John B. Missing dated 10/1/07 re: a request by defendants for permission to file a reply that collectively totals 25 pages-five pages more than the page limit set forth in the stipulated scheduling order. ENDORSEMENT: Application granted. Take-Two and the Rockstar defendants may file reply briefs that collectively total up to 25 pages. SO ORDERED (Signed by Judge Shirley Wohl Kram on 10/2/07) (kco) (Entered: 10/02/2007)

10/04/2007

102 

DECLARATION of Erin W. Sheehy in Support re: 71 MOTION to Dismiss / Notice of Motion to Dismiss.. Document filed by Terry Donovan, Sam Houser, Rockstar Games, Inc., Take-Two Interactive Software, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Sheehy, Erin) (Entered: 10/04/2007)

10/04/2007

103 

REPLY MEMORANDUM OF LAW in Support re: 71 MOTION to Dismiss / Notice of Motion to Dismiss.. Document filed by Rockstar Games, Inc., Terry Donovan, Sam Houser. (Sheehy, Erin) (Entered: 10/04/2007)

10/04/2007

104 

REPLY MEMORANDUM OF LAW in Support re: 71 MOTION to Dismiss / Notice of Motion to Dismiss.. Document filed by Take-Two Interactive Software, Inc.. (Sheehy, Erin) (Entered: 10/04/2007)

10/04/2007

105 

FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Paul Eibeler. (Miller, James) Modified on 10/5/2007 (GF). (Entered: 10/04/2007)

10/04/2007

106 

REPLY MEMORANDUM OF LAW in Support re: 76 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint. [CORRECTED BRIEF]. Document filed by Paul Eibeler. (Miller, James) (Entered: 10/04/2007)

10/04/2007

107 

REPLY MEMORANDUM OF LAW in Support re: 82 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Robert Flug, Oliver R. Grace, Jr. (DiBlasi, Gandolfo) (Entered: 10/04/2007)

10/04/2007

108 

JOINDER to join re: 104 Reply Memorandum of Law in Support of Motion to Dismiss the Second Amended Class Action Complaint and Motion to Dismiss the Second Amended Class Action Complaint filed by Defendant Take-Two Interactive Software, Inc.. Document filed by Paul Eibeler.(Miller, James) (Entered: 10/04/2007)

10/04/2007

109 

REPLY MEMORANDUM OF LAW in Support re: 79 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Todd Emmel. (Attachments: # 1 Certificate of Service)(Hruska, Andrew) (Entered: 10/04/2007)

10/04/2007

110 

DECLARATION of Corey E. Delaney in Support re: 79 MOTION to Dismiss the Consolidated Second Amended Class Action Complaint.. Document filed by Todd Emmel. (Attachments: # 1 Exhibit 1 - Kasowitz Report# 2 Certificate of Service)(Hruska, Andrew) (Entered: 10/04/2007)

10/04/2007

111 

REPLY MEMORANDUM OF LAW in Support re: 86 MOTION to Dismiss.. Document filed by Ryan Brant. (Spiro, Edward) (Entered: 10/04/2007)

10/04/2007

112 

CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Defendant Ryan A. Brant's Motion to Dismiss served on All Counsel of Record on October 4, 2007. Document filed by Ryan Brant. (Spiro, Edward) (Entered: 10/04/2007)

10/04/2007

113 

REPLY MEMORANDUM OF LAW in Support re: 91 MOTION to Dismiss Consolidated Second Amended Class Action Complaint.. Document filed by Karl H. Winters. (Lawler, Andrew) (Entered: 10/04/2007)

10/04/2007

114 

DECLARATION of Sharon D. Feldman in Support re: 91 MOTION to Dismiss Consolidated Second Amended Class Action Complaint.. Document filed by Karl H. Winters. (Lawler, Andrew) (Entered: 10/04/2007)

10/04/2007

115 

CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Defendant Karl Winters' Motion to Dismiss Plaintiffs' Consolidated Second Amended Class Action Complaint, and Declaration of Sharon D. Feldman in Support of Defendant Karl Winters' Motion to Dismiss the Consolidated Second Amended Class Action Complaint served on All Parties on 10/04/2007. Document filed by Karl H. Winters. (Lawler, Andrew) (Entered: 10/04/2007)

12/19/2007

116 

LETTER addressed to Clerk, USDC from Stephe Chahn Lee, Esq. dated 12/13/07 re: counsel notifies the court that he is no longer working on the captioned matter; and requests that his name be removed from docket sheet and list of electronic notification recipients. Document filed by Donovan, Houser, Rockstar Games, Inc.(djc) (Entered: 12/26/2007)

04/16/2008

117 

OPINION AND ORDER #95974: in summary, Defendants' motions to dismiss the SAC are granted in part and denied in part. Count I of the SAC is dismissed insofar as it rests upon the GTA:SA Fraud, and inasmuch as it asserts claims against defendants Eibeler, Winters, Donovan, Houser, and Rockstar. Count II of the SAC is dismissed insofar as it is premised upon the GTA:SA Fraud, and inasmuch as it asserts claims against Eibeler and Winters. Counts II and IV of the SAC are dismissed in their entirety. Lead Plaintiffs' further amended complaint, along with a memorandum explaining how their amendments have cured the defects specified herein by the Court, shall be filed on or before 5/19/08. Defendants' memorandum in opposition to Lead Plaintiffs' further amended complaint shall be filed on or before 6/16/08. Lead Plaintiffs' reply memorandum shall be filed on or before 6/30/08. Any request for modification of this schedule shall be made in writing and shall state good cause therefor. (Signed by Judge Shirley Wohl Kram on 4/16/08) (tro) Modified on 4/17/2008 (mr). Modified on 4/17/2008 (mr). (Entered: 04/16/2008)

04/16/2008

  

Set Deadlines/Hearings: Amended Pleadings due by 5/19/2008. Responses due by 6/16/2008 Replies due by 6/30/2008. (tro) (Entered: 04/16/2008)

05/01/2008

119 

LETTER addressed to Judge Shirley Wohl Kram from Jonathan M. Plasse dated 4/30/2008 re: Plaintiffs hereby move, as authorized by the Court, for an Order granting leave to inspect the compiled binary code for the Grand Theft Auto: San Andreas video game (the GTA Code) now in their possession, on the terms set forth herein. Document filed by NYC Pension Funds, John Fenninger(Individually), John Fenninger(and on Behalf of all Others Similarly Situated).(jpo) (jpo). (Entered: 05/16/2008)

05/06/2008

120 

LETTER addressed to Judge Shirley Wohl Kram from John B. Missing dated 5/5/2008 re: Defendants submit this letter in opposition to Plaintiffs' April 30, 2008 letter brief, requesting access to and discovery of the compiled binary code for Grand Theft Auto: San Andreas. Document filed by Rockstar Games, Inc., Terry Donovan, Sam Houser, Take-Two Interactive Software, Inc.(jpo) (Entered: 05/16/2008)

05/07/2008

118 

ORDER, The court hereby stays the briefing schedule for Lead Plaintiffs' motion to amend until it has rendered a decision on Lead plaintiffs' request to view GTA;SA's binary code. On May 14, 2008, court will place upon the public docket lead plaintiffs' letter motion denied dated April 30, 2008, the defendants' opposition letter dated May 5, 2008, and lead plaintiffs' reply letter dated May 6, 2008, as well as all accompanying documentation, unless one or more parties to this dispute show good cause to maintain the entirety or portions of these documents under seal. (Signed by Judge Shirley Wohl Kram on 5/7/2008) (mme) (Entered: 05/07/2008)

05/07/2008

121 

LETTER addressed to Judge Shirley Wohl Kram from Jonathan M. Plasse dated 5/6/2008 re: In further support of Plaintiffs' motion for an order granting leave to inspect the compiled binary code for Grand Theft Auto: San Andreas. Document filed by NYC Pension Funds, John Fenninger(Individually).(jpo) (Entered: 05/16/2008)

05/21/2008

122 

NOTICE OF APPOINTMENT OF SPECIAL MASTER, Pursuant to Federal Rules of Civil Procedure 53, the court hereby notifies the parties that it will appoint Charles G. Moerdler, Esq., of Stroock & Stroock & Laven L.L.P., 180 Maiden Lane, New York, N.Y., as special master for the purpose of overseeing discovery and settlement obligations in this litigation. Under Federal Rule of Civil procedure 53(b)(1), the parties may object to Mr. Moerdler's appointment as special master. Objections must be submitted in writing no later than 19 days from receipt of this order. (Signed by Judge Shirley Wohl Kram on 5/21/2008) (mme) (Entered: 05/21/2008)

06/10/2008

123 

ORDER APPOINTING SPECIAL MASTER: The parties have not objected to the appointment of Charles G. Moerdler as special master. Therefore, in accordance with the notice issued on May 21, 2008, the Court hereby appoints Mr. Moerdler as special master for the purpose of overseeing discovery and settlement negotiations in this litigation. Mr. Moerdler shall have the power and duties set forth in the Notice of Appointment. The parties shall contact Mr. Moerdler as soon as practicable in order to arrange a procedure to resolve their current dispute regarding access to the compiled binary code of Grand Theft Auto: San Andreas. After that dispute is resolved, the Court will issue a modified briefing schedule for Lead Plaintiff's pending motion to amend the Second Amended Complaint. The parties may continue the mediation process they have already begun, as described in Take-Two's letter to the Court. The parties shall regularly inform Mr. Moerdler of the progress of the mediation. If Mr. Moerdler deems that the mediation is progressing at an unreasonably slow pace, or that it is unlikely to bear fruit, he shall reply to the Court for permission to assume direct oversight of the parties settlement negotiations. (Signed by Judge Shirley Wohl Kram on 6/10/2008) (jfe) Modified on 6/23/2008 (jfe). (Entered: 06/10/2008)

06/10/2008

124 

CASE REFERRED to Special Master. Charles G. Moerdler appointed Special Master. (jfe) (jfe). (Entered: 06/10/2008)

08/06/2008

  

***STRICKEN DOCUMENT. Deleted document number (125) from the case record. The document was stricken from this case pursuant to 130 Opinion and Order. (tro) (Entered: 08/21/2008)

08/08/2008

126 

ORDER For the reasons set forth in this order, the court requires further briefing on the appropriate standard for evaluating the defendants request to expunge the determination. ON or before August 18, 2008, the defendants shall file a memorandum not exceeding ten pages, which address (1) whether the balancing frame work described in this order should apply to the defendants request for expunction of the determination and order, or whether some other framework more properly applies; and (2) whether the defendants request is justified under the applicable legal standard. (Signed by Judge Shirley Wohl Kram on 8/8/08) (mme) (Entered: 08/08/2008)

08/08/2008

  

Set/Reset Deadlines: Motions due by 8/18/2008. (mme) (Entered: 08/08/2008)

08/18/2008

127 

STIPULATION AND ORDER EXTENDING TIME: It is hereby stipulated and agreed that the time for Defendant Take-Two Interactive Software Inc., to file its objections or motion for modification, pursuant to F.R.C.P. 53(f)(2), of Special Master Charles G. Moerdler's Determination and order dated August 6, 2008, be extended until 20 days after the Court's decision on Take-Two's August 7, 2008, request to expunge, if such request is denied. (Signed by Judge Shirley Wohl Kram on 8/18/2008) (jfe) (Entered: 08/18/2008)

08/18/2008

128 

MEMORANDUM OF LAW in Support re: 126 Order,, / Memorandum in Support of Take-Two Interactive Inc.'s Unopposed Application to Have August 6, 2008 Determination and Order Expunged or Sealed. Document filed by Take-Two Interactive Software, Inc.. (Missing, John) (Entered: 08/18/2008)

08/21/2008

129 

STIPULATION AND ORDER REGARDING THE AUGUST 6, 2008 DETERMINATION AND ORDER OF THE SPECIAL MASTER AND ACCESS TO COMPUTER CODE: Plaintiffs do not oppose Take-Two's request that the Court expunge or, in the alternative, seal the Determination. Plaintiffs agree that the Parties' negotiate resolution of the GTA Code motion, which is contingent on the Court's entry of an Order expunging or sealing the Determination, will render Plaintiffs' motion moot upon entry of such an Order. If the Court enters an Order expunging or sealing the Determination, the then the Parties will not use or refer to any of the findings, determinations and conclusions set forth in the Determination for any purpose in the above-captioned action or any other action or proceeding. Take-Two grants Plaintiffs leave to inspect the GTA Code on the terms set forth in Plaintiffs' letter motion to the Honorable Shirley Wohl Kram dated 4/30/08, contingent on, and effective upon the entry of an Order expunging or sealing the Determination. (Signed by Judge Shirley Wohl Kram on 8/21/08) (tro) (Entered: 08/21/2008)

08/21/2008

130 

OPINION AND ORDER #96407: In summary, the parties agreement granting Lead Plaintiffs access to GTA:SAs binary code moots the issues addressed in the D&O. Because the parties private interest in vacatur is more compelling than any countervailing public interest, the Court hereby grants the defendants motion and vacates the D&O as moot. The Clerk of Court is directed to remove the D&O from the public docket. Given that the parties agreement resolves Lead Plaintiffs request to access GTA:SAs binary code, Lead Plaintiffs anticipated motion to amend the Second Amended Complaint is now ready for briefing. See 06 Cv. 803 (SWK), Dkt. No. 118. It is hereby ordered that: (1) Lead Plaintiffs shall file their anticipated motion to amend, along with a copy of their Third Amended Complaint, on or before September 12, 2008; (2) the defendants shall file their opposition briefs on or before October 10, 2008; and (3) Lead Plaintiffs shall file their reply briefs on or before October 24, 2008. (Signed by Judge Shirley Wohl Kram on 8/21/08) (tro) Modified on 8/22/2008 (jpo). (Entered: 08/21/2008)

08/21/2008

131 

CONFIDENTIALITY AGREEMENT...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Special Master Charles G. Moerdler on 8/14/08) (tro) (Entered: 08/21/2008)

09/10/2008

132 

STIPULATION AND ORDER REGARDING PAGE LIMITATIONS ON BRIEFING WITH RESPECT TO THE CONSOLIDATED THIRD AMENDED COMPLAINT, plainitffs' opening brief may be up to 40 pages in length. The undersigned defendants' opposition brief may be up to 40 pages in length. Plaintiffs' reply brief may be up to 1/2 the total length of the opposition briefs filed by all defendants. (Signed by Judge Shirley Wohl Kram on 9/10/08) (cd) (Entered: 09/10/2008)

09/12/2008

133 

MEMORANDUM OF LAW IN SUPPORT OF THE CONSOLIDATED THIRD AMENDED COMPLAINT. Document filed by NYC Pension Funds. (Attachments: # 1 Appendix)(Wohl, Ethan) (Entered: 09/12/2008)

09/15/2008

134 

THIRD AMENDED COMPLAINT amending 51 Amended Complaint, against Ryan Brant, Donovan, Houser, Rockstar Games, Inc., Robert Flug, Oliver R. Grace, Jr, Todd Emmel, Terry Donovan, Sam Houser, Take-Two Interactive Software, Inc..Document filed by NYC Pension Funds. Related document: 51 Amended Complaint, filed by NYC Pension Funds.(dle) (Additional attachment(s) added on 9/16/2008: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (dle). (Entered: 09/15/2008)

09/15/2008

135 

NOTICE OF APPEARANCE by Louisa Banks Childs on behalf of Todd Emmel (Childs, Louisa) (Entered: 09/15/2008)

09/15/2008

136 

NOTICE OF APPEARANCE by Jeffrey E. Livingston on behalf of Todd Emmel (Livingston, Jeffrey) (Entered: 09/15/2008)

09/25/2008

137 

MOTION for Ada Fernandez Johnson to Appear Pro Hac Vice. Document filed by Take-Two Interactive Software, Inc.(dle) (Entered: 09/26/2008)

10/08/2008

138 

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 137 Motion for Ada Fernandez Johnson to Appear Pro Hac Vice. (Signed by Judge Shirley Wohl Kram on 10/8/08) (mme) (Entered: 10/08/2008)

10/08/2008

  

Transmission to Attorney Admissions Clerk. Transmitted re: 138 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme) (Entered: 10/08/2008)

10/08/2008

139 

It is hereby stipulated and agreed that defendants opposition briefs will be due on or before October 24, 2008 and plaintiffs reply brief will be due on or before November 21, 2008. (Signed by Judge Shirley Wohl Kram on 10/2/08) (mme) (Entered: 10/08/2008)

10/09/2008

  

CASHIERS OFFICE REMARK on 138 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 9/25/08, Receipt Number 664083. (Quintero, Marcos) (Entered: 10/09/2008)

10/24/2008

140 

OPPOSITION BRIEF re: 133 Memorandum of Law / Defendants' Opposition to Lead Plaintiffs' Motion to Amend. Document filed by Rockstar Games, Inc., Terry Donovan, Sam Houser, Take-Two Interactive Software, Inc..(Johnson, Ada) (Entered: 10/24/2008)

10/24/2008

141 

DECLARATION of Ada Fernandez Johnson re: 140 Opposition Brief / Declaration of Ada Fernandez Johnson in Support of Defendants' Opposition to Lead Plaintiffs' Motion to Amend. Document filed by Rockstar Games, Inc., Terry Donovan, Sam Houser, Take-Two Interactive Software, Inc.. (Attachments: # 1 Exhibit 1 (Part 1), # 2 Exhibit 1 (Part 2), # 3 Exhibit 1 (Part 3), # 4 Exhibit 1 (Part 4), # 5 Exhibit 1 (Part 5), # 6 Exhibit 1 (Part 6))(Johnson, Ada) (Entered: 10/24/2008)

10/24/2008

142 

OPPOSITION BRIEF re: 133 Memorandum of Law, 134 Amended Complaint,,. Document filed by Ryan Brant.(Spiro, Edward) (Entered: 10/24/2008)

10/24/2008

143 

JOINDER to join 140 OPPOSITION BRIEF re 133 Memorandum of Law / Opposition of Defendants Rockstar Games, Inc., Terry Donovan, Sam Houser, and Take-Two Interactive Software, Inc.to Lead Plaintiffs' Motion to Amend and 141 Declaration of Ada Fernandez Johnson in Support of Defendants' Opposition to Lead Plaintiffs' Motion to Amend.. Document filed by Robert Flug, Oliver R. Grace, Jr, Todd Emmel.(Hruska, Andrew) (Entered: 10/24/2008)

11/21/2008

144 

REPLY MEMORANDUM OF LAW in Support re: 134 Third Amended Complaint. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 11/21/2008)

11/21/2008

145 

DECLARATION of Ethan D. Wohl in Support of the Consolidated Third Amended Complaint. Document filed by NYC Pension Funds. (Attachments: # 1 Exhibits 1 - 4)(Wohl, Ethan) (Entered: 11/21/2008)

09/02/2009

146 

NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Shirley Wohl Kram is no longer assigned to the case. (ldi) (Entered: 09/02/2009)

09/15/2009

147 

ORDER: This action has been reassigned to my docket. Accordingly, the parties are hereby ORDERED to appear for a status conference before the undersigned on October 13, 2009 at 10:00 a.m. in the United States District Court, 500 Pearl Street, New York, New York, Courtroom 21 C. IT IS FURTHER ORDERED that, within fourteen (14) calendar days of the date of this Order, the parties shall jointly submit a letter, not to exceed ten (10) pages, providing, in separate paragraphs, as further set forth in this Order. All letters submitted to the Court pursuant to this Order should be emailed directly to chambers at sullivannysdchambers@nysd.uscourts.gov, and not filed on the Court's ECF system. Please consult my Individual Rules with respect to communications with chambers and related matters. (Signed by Judge Richard J. Sullivan on 9/15/09) (tro) (Entered: 09/16/2009)

10/05/2009

148 

NOTICE OF APPEARANCE by Stephen Ehrenberg on behalf of Robert Flug (Ehrenberg, Stephen) (Entered: 10/05/2009)

10/07/2009

149 

ORDER The status conference in the above-captioned case originally scheduled for October 13, 2009 at 10:00 a.m. is hereby adjourned until October 16,2009 at 9:00 a.m. SO ORDERED. ( Status Conference set for 10/16/2009 at 09:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 10/6/2009) (jmi) (Entered: 10/07/2009)

10/16/2009

150 

NOTICE OF APPEARANCE by Ethan David Wohl on behalf of NYC Pension Funds (Wohl, Ethan) (Entered: 10/16/2009)

10/16/2009

151 

ORDER THAT the parties shall submit settlement papers to the Court no later than 5:00 p.m. on October 30, 2009. (Signed by Judge Richard J. Sullivan on 10/16/2009) (jmi) (Entered: 10/19/2009)

10/16/2009

  

Minute Entry for proceedings held before Judge Richard J. Sullivan: Status Conference held on 10/16/2009. The parties are to submit settlement papers no later than October 30, 2009. (mro) (Entered: 10/20/2009)

10/28/2009

153 

TRANSCRIPT of proceedings held on 10/16/09 before Judge Richard J. Sullivan. (ldi) (Entered: 11/09/2009)

11/06/2009

152 

ORDER: It is hereby ordered that the parties shall file, no later than November 20, 2009 a formal motion asking the Court to (1) certify the class for settlement purposes only, (2) approve the proposed manner and form of Notice to the class and the SEC claimants, (3) preliminarily approve the proposed Settlement Agreement, and (4) set a date and time for a fairness hearing. It is further ordered that the parties shall submit supporting affidavits and memoranda setting forth the bases in law and fact for granting their motion no later than November 20, 2009. So Ordered (Signed by Judge Richard J. Sullivan on 11/5/09) (js) (Entered: 11/06/2009)

11/20/2009

154 

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for an Order (i) Preliminarily Certifying a Class for Settlement purposes only, (ii) Approving the Proposed Manner and Form of Notice to the Class and Certain SEC Claimants, (iii) Preliminarily Approving the Proposed Settlement, (iv) Scheduling a Fairness Hearing, and (v) Governing Certain Related Administrative Matters. Document filed by NYC Pension Funds.(Wohl, Ethan) Modified on 11/23/2009 (jar). (Entered: 11/20/2009)

11/20/2009

155 

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Jonathan M. Plasse in Support re: 154 MOTION for an Order (i) Preliminarily Certifying a Class for Settlement purposes only, (ii) Approving the Proposed Manner and Form of Notice to the Class and Certain SEC Claimants, (iii) Preliminarily Approving the Proposed Settlement, (iv) Scheduling MOTION for an Order (i) Preliminarily Certifying a Class for Settlement purposes only, (ii) Approving the Proposed Manner and Form of Notice to the Class and Certain SEC Claimants, (iii) Preliminarily Approving the Proposed Settlement, (iv) Scheduling. Document filed by NYC Pension Funds. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wohl, Ethan) Modified on 11/23/2009 (jar). (Entered: 11/20/2009)

11/20/2009

156 

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 154 MOTION for an Order (i) Preliminarily Certifying a Class for Settlement purposes only, (ii) Approving the Proposed Manner and Form of Notice to the Class and Certain SEC Claimants, (iii) Preliminarily Approving the Proposed Settlement, (iv) Scheduling MOTION for an Order (i) Preliminarily Certifying a Class for Settlement purposes only, (ii) Approving the Proposed Manner and Form of Notice to the Class and Certain SEC Claimants, (iii) Preliminarily Approving the Proposed Settlement, (iv) Scheduling. Document filed by NYC Pension Funds. (Wohl, Ethan) Modified on 11/23/2009 (jar). (Entered: 11/20/2009)

11/20/2009

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ethan Wohl to RE-FILE Document 154 MOTION for an Order (i) Preliminarily Certifying a Class for Settlement purposes only, (ii) Approving the Proposed Manner and Form of Notice to the Class and Certain SEC Claimants, (iii) Preliminarily Approving the Proposed Settlement, (iv) Scheduling MOTION for an Order. ERROR(S): When filing a Motion with multiple requests each specific request must be selected from the Motions menu.(Ex. Certify Class, Approve, Hearing, Miscellaneous Relief). (jar) (Entered: 11/23/2009)

11/20/2009

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ethan Wohl to RE-FILE Document 155 Affidavit in Support of Motion. ERROR(S): A document cannot be linked to a Filing Error. (jar) (Entered: 11/23/2009)

11/20/2009

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Ethan Wohl to RE-FILE Document 156 Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a Filing Error. (jar) (Entered: 11/23/2009)

11/23/2009

157 

MOTION to Approve the Proposed Manner and Form of Notice to the Class and Certain SEC Claimants and Preliminarily Approving the Proposed Settlement., MOTION to Certify Class for Settlement purposes only., MOTION for Hearing /Fairness Hearing., MOTION Governing Certain Related Administrative Matters. Document filed by NYC Pension Funds.(Wohl, Ethan) (Entered: 11/23/2009)

11/23/2009

158 

AFFIDAVIT of Jonathan M. Plasse in Support re: 157 MOTION to Approve the Proposed Manner and Form of Notice to the Class and Certain SEC Claimants and Preliminarily Approving the Proposed Settlement. MOTION to Certify Class for Settlement purposes only. MOTION for Hearing /Fairness Hearing. MOTION Governing Certain Related Administrative Matters.. Document filed by NYC Pension Funds. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wohl, Ethan) (Entered: 11/23/2009)

11/23/2009

159 

MEMORANDUM OF LAW in Support re: 157 MOTION to Approve the Proposed Manner and Form of Notice to the Class and Certain SEC Claimants and Preliminarily Approving the Proposed Settlement. MOTION to Certify Class for Settlement purposes only. MOTION for Hearing /Fairness Hearing. MOTION Governing Certain Related Administrative Matters.. Document filed by NYC Pension Funds. (Wohl, Ethan) (Entered: 11/23/2009)

11/24/2009

160 

NOTICE of Joinder in Motion re: 157 MOTION to Approve the Proposed Manner and Form of Notice to the Class and Certain SEC Claimants and Preliminarily Approving the Proposed Settlement. MOTION to Certify Class for Settlement purposes only. MOTION for Hearing /Fairness Hearing. MOTION Governing Certain Related Administrative Matters.. Document filed by Take-Two Interactive Software, Inc.. (Missing, John) (Entered: 11/24/2009)

06/29/2010

161 

ORDER; For the foregoing reasons, the Court (1) preliminarily approves the class defined herein for settlement purposes only, (2) preliminarily approves the proposed settlement set forth in the attached Settlement Stipulation, (3) approves the attached proposed notice to class members and directs the issuance of the same pursuant to the terms of the Settlement Stipulation, and (4) approves the administrative process governing notice and claims, including the appointment of A.B. Data as claims administrator, as set forth in the proposed settlement. The Court will hold a fairness hearing on October 12, 2010 at 10:00 a.m. The parties shall abide by the procedures set forth in the Settlement Stipulation and Proposed Order between today and the fairness hearing. (Signed by Judge Richard J. Sullivan on 6/29/10) (pl) (Entered: 06/29/2010)

08/26/2010

162 

MOTION to Object to Settlement Proposal; MOTION to Intervene as Plaintiff's under FRCP Rule 24(a),24(b); MOTION for counsel Jonathan M. Plasse's Recusal due to financial and personal conflicts of interest. Document filed by Patrick J. Simpson, Daniel Anthony Weymouth, Jonathan Lee Riches, Richard Galietti, Andre Cowley, Jeffrey Pierre, Isong Akpan, Jimmy O'Neal Brown, Billy Driggers, Major Spaulding, Larry Norris.(mro) (Entered: 09/09/2010)

09/14/2010

163 

MOTION for Settlement., MOTION to Approve Consent Judgment., MOTION for Attorney Fees. Document filed by NYC Pension Funds. Return Date set for 10/12/2010 at 10:00 AM.(Plasse, Jonathan) (Entered: 09/14/2010)

09/14/2010

164 

MEMORANDUM OF LAW in Support re: 163 MOTION for Settlement. MOTION to Approve Consent Judgment. MOTION for Attorney Fees.. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 09/14/2010)

09/14/2010

165 

AFFIDAVIT of Jonathan M. Plasse in Support re: 163 MOTION for Settlement. MOTION to Approve Consent Judgment. MOTION for Attorney Fees.. Document filed by NYC Pension Funds. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-10)(Plasse, Jonathan) (Entered: 09/14/2010)

09/14/2010

166 

DECLARATION of Charles G. Moerdler in Support re: 163 MOTION for Settlement. MOTION to Approve Consent Judgment. MOTION for Attorney Fees.. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 09/14/2010)

09/14/2010

167 

AFFIDAVIT of Stacey B. Fishbein in Support re: 163 MOTION for Settlement. MOTION to Approve Consent Judgment. MOTION for Attorney Fees.. Document filed by NYC Pension Funds. (Attachments: # 1 Exhibit A - C)(Plasse, Jonathan) (Entered: 09/14/2010)

09/14/2010

168 

AFFIDAVIT of Sanjay Pansari in Support re: 163 MOTION for Settlement. MOTION to Approve Consent Judgment. MOTION for Attorney Fees.. Document filed by NYC Pension Funds. (Attachments: # 1 Exhibit 1 - 4)(Plasse, Jonathan) (Entered: 09/14/2010)

09/14/2010

169 

ORDER, that the Court is in receipt of a letter from Lead Plaintiffs New York City Employees' Retirement System, New York City Police Pension Fund, and New York City Fire Department Pension Fund requesting an extension of the page limitation for Lead Plaintiffs' memorandum of law in support of final approval of the settlement in this consolidated securities class action litigation from 25 pages to 35 pages. The Court finds that the 25 page limitation set forth in Rule 2.B of this Court's Individual Practices is sufficient for this submission. Accordingly, Plaintiffs request is HEREBY DENIED. (Signed by Judge Richard J. Sullivan on 9/14/10) (pl) (Entered: 09/15/2010)

09/17/2010

170 

ENDORSED LETTER: addressed to Judge Richard J. Sullivan from John B. Missing dated 9/16/2010 re: Please be advised that, Molly Boast, is no longer employed by the firm of Debevoise and Plimpton LLP, the for defendants for defendants Take-Two Interactive Software Inc., Sam Houser and terry Donovan in the captioned matter. I am currently one of the attorneys of record in the subject action, and I hereby respectfully request that Your Honor endorse this letter allowing Molly Boast's name to be removed from the Court's docket and ECF electronic mailing distribution list. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 9/16/2010) (js) (Entered: 09/17/2010)

09/28/2010

171 

RESPONSE in Support re: 163 MOTION for Settlement. MOTION to Approve Consent Judgment. MOTION for Attorney Fees.. Document filed by Pamela Newmark Reed. (Turkish, Forrest) (Entered: 09/28/2010)

10/05/2010

172 

DECLARATION of John B. Missing in Support of Plaintiffs' Motion for Final Approval of the Class Action Settlement and Regarding 28 U.S.C.§ 1715 (also see Doc. #164) in Support re: 163 MOTION for Settlement. MOTION to Approve Consent Judgment. MOTION for Attorney Fees.. Document filed by Take-Two Interactive Software, Inc.. (Missing, John) (Entered: 10/05/2010)

10/05/2010

173 

AFFIDAVIT of Jonathan M. Plasse in Support re: 163 MOTION for Settlement. MOTION to Approve Consent Judgment. MOTION for Attorney Fees.. Document filed by NYC Pension Funds. (Attachments: # 1 Exhibit 11)(Plasse, Jonathan) (Entered: 10/05/2010)

10/05/2010

174 

AFFIDAVIT of Stacey B. Fishbein in Support re: 163 MOTION for Settlement. MOTION to Approve Consent Judgment. MOTION for Attorney Fees.. Document filed by NYC Pension Funds. (Attachments: # 1 Exhibit A)(Plasse, Jonathan) (Entered: 10/05/2010)

10/18/2010

175 

ORDER AWARDING ATTORNEYS' FEES AND EXPENSES granting 163 Motion for Attorney Fees, as further set forth in this document. (Signed by Judge Richard J. Sullivan on 10/14/10) (cd) (Entered: 10/18/2010)

10/18/2010

176 

ORDER APPROVING PLAN OF ALLOCATION The Plan of Allocation is found to be fair and reasonable, and is hereby approved. (Signed by Judge Richard J. Sullivan on 10/14/10) (cd) (Entered: 10/18/2010)

10/18/2010

177 

ORDER re: (162 in 1:06-cv-00803-RJS, 162 in 1:06-cv-00803-RJS, 162 in 1:06-cv-00803-RJS) MOTION to Object to Settlement Proposal. MOTION to Intervene. MOTION for Recusal. The motion objecting, intervene, and for recusal is DENIED. The Clerk of the Court is respectfully directed to terminate the motion located at document number 162 on the docket. (Signed by Judge Richard J. Sullivan on 10/15/10) (cd) (Entered: 10/18/2010)

10/18/2010

178 

JUDGMENT AND ORDER OF DISMISSAL settling the action. (Signed by Judge Richard J. Sullivan on 10/14/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:06-cv-00803-RJS, 1:06-cv-00987-RJS, 1:06-cv-01131-RJS, 1:06-cv-01733-RJS(ml) (Entered: 10/19/2010)

11/05/2010

179 

TRANSCRIPT of proceedings held on 10/12/2010 before Judge Richard J. Sullivan. (ab) (Entered: 11/09/2010)

11/12/2010

180 

ORDER ADMITTING ATTORNEY John B. Missing PRO HAC VICE for Take-Two Interactive. (Signed by Judge Richard J. Sullivan on 11/12/10) (cd) (Entered: 11/15/2010)

11/12/2010

181 

ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney John V. Ponyicsanyi for Take-Two Interactive Software, Inc. admitted Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 11/12/10) (cd) (Entered: 11/15/2010)

11/12/2010

182 

ORDER ADMITTING ATTORNEY Ada Fernandez Johnson PRO HAC VICE for defendant Take-Two Interactive. (Signed by Judge Richard J. Sullivan on 11/12/10) (cd) (Entered: 11/15/2010)

07/06/2011

183 

MOTION for Settlement /Lead Plaintiffs' Unopposed Motion to Authorize Distribution of Net Settlement Fund. Document filed by NYC Pension Funds.(Plasse, Jonathan) (Entered: 07/06/2011)

07/06/2011

184 

MEMORANDUM OF LAW in Support re: 183 MOTION for Settlement /Lead Plaintiffs' Unopposed Motion to Authorize Distribution of Net Settlement Fund.. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 07/06/2011)

07/06/2011

185 

DECLARATION of Jonathan M. Plasse in Support re: 183 MOTION for Settlement /Lead Plaintiffs' Unopposed Motion to Authorize Distribution of Net Settlement Fund.. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 07/06/2011)

07/06/2011

186 

AFFIDAVIT of Michelle M. La Count, Esq. in Support re: 183 MOTION for Settlement /Lead Plaintiffs' Unopposed Motion to Authorize Distribution of Net Settlement Fund.. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 07/06/2011)

07/06/2011

187 

CERTIFICATE OF SERVICE of Lead Plaintiffs' Unopposed Motion to Authorize Distribution of Net Settlement Fund, Memorandum of Law in Support, Declaration of Jonathan M. Plasse in Support and Affidavit of Michelle M. La Count, Esq. in Support on 7/6/11. Document filed by NYC Pension Funds. (Plasse, Jonathan) (Entered: 07/06/2011)

07/25/2011

188 

ORDER CONCERNING DISTRIBUTION OF NET SETTLEMENT FUND TO AUTHORIZED CLAIMANTS AND RELATED MATTERS granting 183 Motion for Settlement. The Court hereby Orders as follows: The motion is granted in its entirety and the Court approves the determinations of the Claims Administrator accepting and rejecting claims. The Net Settlement Fund established by the settlement of this action shall be distributed to Authorized Claimants according to the determinations of the Claims Administrator and consistent with the Plan of Allocation of the Net Settlement Fund previously approved by the Court by Order dated October 14, 2010; as further set forth in this Order Concerning Distribution of Net Settlement Fund to Authorized Claimants and Related Matters. (Signed by Judge Richard J. Sullivan on 7/22/2011) (mro) (Entered: 07/25/2011)

 

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