US District Court Civil Docket as of 12/29/2011
Retrieved from the court on
January 3, 2012

U.S. District Court
Southern District of New York (
Foley Square)
CIVIL DOCKET FOR CASE #:
1:07-cv-00312-GBD


In Re Celestica Inc., Securities Litigation
Assigned to: Judge George B. Daniels
Member cases:

    1:07-cv-00557-GBD

    1:07-cv-01228-GBD

    1:07-cv-01850-GBD

    1:07-cv-01980-GBD

 

Related Cases: 

1:07-cv-01850-GBD

 

1:07-cv-00557-GBD

 

1:07-cv-01980-GBD

 

1:07-cv-01228-GBD

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


Date Filed:
01/12/2007
Date Terminated:
10/19/2010
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Lead Plaintiff

 

Pension Fund Group

represented by

Ann Elizabeth Gittleman
Labaton Sucharow, LLP
1201 N, Orange Street, Suite 801
Wilmington, DE 19801
(212) 907-0700
Fax: (212) 818-0477
Email: agittleman@labaton.com
TERMINATED: 04/11/2011
LEAD ATTORNEY

Christopher J. Keller
Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
(212) 907-0853
Fax: (212) 883-7053
Email: ckeller@labaton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joel H. Bernstein
Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
212-907-0869
Fax: 212-883-7069
Email: jbernstein@labaton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen William Tountas
Labaton Sucharow LLP (NYC)
140 Broadway
New York, NY 10005
(212) 907-0852
Fax: (212) 883-7052
Email: stountas@labaton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph Alberto Fonti
Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
(212)907-0088 x44
Fax: (212)883-7044
Email: jfonti@labaton.com
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Russell Henning
individually and all others similarly situated

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

 

 

Sherry Saylor

represented by

Sherry Saylor
PRO SE

 

 

 


V.

 

 

Movant

 

 

OPEIU, Local 153 Pension Fund

represented by

Ashley H. Kim
Schoengold & Sporn, P.C.
19 Fulton Street
Suite 408
New York, NY 10038
212-964-0046
Fax: 212-687-8137
Email: ashley@spornlaw.com
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

West Virginia Laborers' Pension Trust Fund

represented by

David Avi Rosenfeld
Robbins Geller Rudman & Dowd LLP(LI)
58 South Service Road
Suite 200

Melville, NY 11747

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

 

 

 

Movant

 

 

The New Orleans Employees Retirement System

represented by

Joseph Alberto Fonti
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Millwright Regional Council of Ontario Pension Trust Fund

represented by

Joseph Alberto Fonti
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Carpenter's Local 27 Benefit Trust Fund

represented by

Joseph Alberto Fonti
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

The Dry Wall Acoustic Lathing and Insulation Local 675 Pension Fund

represented by

Joseph Alberto Fonti
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Celestica Inc.

represented by

Fredric W. Yerman
Kaye Scholer LLP (Chic)
70 West Madison Street
Chicago, IL 60602
212-836-8000
Fax: 212-836-8663
Email: fyerman@kayescholer.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter Nathan Kessler
Spector, Gadon & Rosen P.C. ( nyc)
One Penn Plaza, 36th Floor
New York, NY 10119
(212) 786-7394
Email: pkessler@lawsgr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Phillip A. Geraci
Kaye Scholer, LLP (NYC)
425 Park Avenue
New York, NY 10022
212-836-8659
Fax: 212-836-6459
Email: pageraci@kayescholer.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Stephen W. Delaney

represented by

Fredric W. Yerman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter Nathan Kessler
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Phillip A. Geraci
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Anthony P. Puppi

represented by

Fredric W. Yerman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter Nathan Kessler
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Phillip A. Geraci
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Onex Corporation

represented by

David W. Brown
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
(212) 373-3000 x3504
Fax: (212) 492-0504
Email: dbrown@paulweiss.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kenneth Anthony Gallo
Paul, Weiss, Rifkind, Wharton & Garrison LLP
1285 Avenue of the Americas
New York, NY 10019
202-223-7356
Fax: 202-223-7456
Email: kgallo@paulweiss.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Maria T Vullo
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
(212) 373-3346
Fax: (212) 373-2226
Email: mvullo@paulweiss.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Chairman Gerald W. Schwartz
and Chief Administrator of Onex Corporation

represented by

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

Kenneth Anthony Gallo
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Maria T Vullo
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

01/12/2007

1 

COMPLAINT against Celestica Inc., Stephen W. Delaney, Anthony P. Puppi. (Filing Fee $ 350.00, Receipt Number 602379)Document filed by Russell Henning.(jeh) Additional attachment(s) added on 1/23/2007 (Becerra, Maribel). (Entered: 01/19/2007)

01/12/2007

  

SUMMONS ISSUED as to Celestica Inc., Stephen W. Delaney, Anthony P. Puppi. (jeh) (Entered: 01/19/2007)

01/12/2007

  

Case Designated ECF. (jeh) (Entered: 01/19/2007)

01/12/2007

  

Magistrate Judge Michael H. Dolinger is so designated. (jeh) (Entered: 01/19/2007)

01/23/2007

2 

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/6/2007 09:30 AM before Judge George B. Daniels, courtroom 15D, 500 Pearl Street. (Signed by Judge George B. Daniels on 1/22/07) (jco) (Entered: 01/24/2007)

03/13/2007

3 

MOTION to Consolidate Cases 07-CV-00312; 07-CV-00557; 07-CV-01228; 07-CV-01850 and 07-CV-01980. Document filed by OPEIU, Local 153 Pension Fund.(Kim, Ashley) (Entered: 03/13/2007)

03/13/2007

4 

DECLARATION of Ashley Kim in Support re: 3 MOTION to Consolidate Cases 07-CV-00312; 07-CV-00557; 07-CV-01228; 07-CV-01850 and 07-CV-01980.. Document filed by OPEIU, Local 153 Pension Fund. (Kim, Ashley) (Entered: 03/13/2007)

03/13/2007

5 

MEMORANDUM OF LAW in Support re: 3 MOTION to Consolidate Cases 07-CV-00312; 07-CV-00557; 07-CV-01228; 07-CV-01850 and 07-CV-01980.. Document filed by OPEIU, Local 153 Pension Fund. (Kim, Ashley) (Entered: 03/13/2007)

03/13/2007

6 

MOTION For Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation. Document filed by Pension Fund Group.(Keller, Christopher) (Entered: 03/13/2007)

03/13/2007

7 

MEMORANDUM OF LAW in Support re: 6 MOTION For Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation.. Document filed by Pension Fund Group. (Keller, Christopher) (Entered: 03/13/2007)

03/13/2007

8 

DECLARATION of Christopher J. Keller in Support re: 6 MOTION For Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation.. Document filed by Pension Fund Group. (Attachments: # 1 Exhibit A.# 2 Exhibit B.# 3 Exhibit C.# 4 Exhibit D.# 5 Exhibit E.)(Keller, Christopher) (Entered: 03/13/2007)

03/13/2007

9 

CERTIFICATE OF SERVICE. Document filed by Pension Fund Group. (Keller, Christopher) (Entered: 03/13/2007)

03/13/2007

10 

MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions. Document filed by West Virginia Laborers' Pension Trust Fund. (Attachments: # 1 Text of Proposed Order)(Rosenfeld, David) (Entered: 03/13/2007)

03/13/2007

11 

MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions. MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions.. Document filed by West Virginia Laborers' Pension Trust Fund. (Rosenfeld, David) (Entered: 03/13/2007)

03/13/2007

12 

DECLARATION of David A. Rosenfeld in Support re: 10 MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions. MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions.. Document filed by West Virginia Laborers' Pension Trust Fund. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Rosenfeld, David) (Entered: 03/13/2007)

03/22/2007

13 

NOTICE of Letter to Judge Daniels. Document filed by Sherry Saylor. (Smith, Evan) (Entered: 03/22/2007)

03/23/2007

14 

NOTICE OF APPEARANCE by Peter Nathan Kessler on behalf of Celestica Inc., Stephen W. Delaney, Anthony P. Puppi (Kessler, Peter) (Entered: 03/23/2007)

03/23/2007

15 

NOTICE OF APPEARANCE by Phillip A. Geraci on behalf of Celestica Inc., Stephen W. Delaney, Anthony P. Puppi (Geraci, Phillip) (Entered: 03/23/2007)

03/23/2007

16 

NOTICE OF APPEARANCE by Fredric W. Yerman on behalf of Celestica Inc., Stephen W. Delaney, Anthony P. Puppi (Yerman, Fredric) (Entered: 03/23/2007)

03/30/2007

17 

MEMORANDUM OF LAW in Opposition re: 10 MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions. MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions., 6 MOTION For Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation.. Document filed by OPEIU, Local 153 Pension Fund. (Kim, Ashley) (Entered: 03/30/2007)

03/30/2007

18 

DECLARATION of Ashley Kim in Opposition re: 10 MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions. MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions., 6 MOTION For Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation.. Document filed by OPEIU, Local 153 Pension Fund. (Kim, Ashley) (Entered: 03/30/2007)

03/30/2007

19 

MEMORANDUM OF LAW in Opposition re: 3 MOTION to Consolidate Cases 07-CV-00312; 07-CV-00557; 07-CV-01228; 07-CV-01850 and 07-CV-01980., 6 MOTION For Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation.. Document filed by West Virginia Laborers' Pension Trust Fund. (Rosenfeld, David) (Entered: 03/30/2007)

03/30/2007

20 

MEMORANDUM OF LAW in Support re: 6 MOTION For Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation.. Document filed by Pension Fund Group. (Keller, Christopher) (Entered: 03/30/2007)

03/30/2007

21 

CERTIFICATE OF SERVICE. Service was made by MAIL. Document filed by Pension Fund Group. (Keller, Christopher) (Entered: 03/30/2007)

04/04/2007

22 

AFFIDAVIT OF SERVICE. Stephen W. Delaney served on 2/14/2007, answer due 3/6/2007. Service was accepted by Stephen W. Delaney. Document filed by Russell Henning. (Rosenfeld, David) (Entered: 04/04/2007)

04/09/2007

23 

REPLY MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions. MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions.. Document filed by West Virginia Laborers' Pension Trust Fund. (Rosenfeld, David) (Entered: 04/09/2007)

04/09/2007

24 

REPLY MEMORANDUM OF LAW in Support re: 3 MOTION to Consolidate Cases 07-CV-00312; 07-CV-00557; 07-CV-01228; 07-CV-01850 and 07-CV-01980.. Document filed by OPEIU, Local 153 Pension Fund. (Kim, Ashley) (Entered: 04/09/2007)

04/09/2007

25 

DECLARATION of Ashley Kim in Support re: 3 MOTION to Consolidate Cases 07-CV-00312; 07-CV-00557; 07-CV-01228; 07-CV-01850 and 07-CV-01980.. Document filed by OPEIU, Local 153 Pension Fund. (Kim, Ashley) (Entered: 04/09/2007)

04/09/2007

26 

REPLY MEMORANDUM OF LAW in Support re: 6 MOTION For Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation.. Document filed by Pension Fund Group. (Keller, Christopher) (Entered: 04/09/2007)

04/09/2007

27 

DECLARATION of Christopher J. Keller in Support re: 6 MOTION For Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation.. Document filed by Pension Fund Group. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Certificate of Service)(Keller, Christopher) (Entered: 04/09/2007)

09/12/2007

28 

NOTICE of Firm Name Change. Document filed by Russell Henning. (Alba, Mario) (Entered: 09/12/2007)

09/25/2007

  

Minute Entryfor proceedings held before Judge George B. Daniels : Interim Pretrial Conference held on 9/25/2007. Next PTC April 30, 2008 at 10:00 a.m. (djc) (Entered: 09/28/2007)

10/11/2007

29 

ORDER FOR APPOINTMENT LEAD PLAINTIFF, APPROVAL OF SELECTION OF LEAD COUNSEL AND CONSOLIDATION: It is hereby ordered that the motion is granted. This order shall apply to the above captioned action and to each case that relates to the same subject matter that is subsequently filed in this Court or transferred to this Court and is consolidated with the action. A Master File is established for this proceeding. The Master File shall be Civil Action No. 07-cv-312-GBD. Every pleading in the Consolidated Action shall have the Following caption IN RE CELESTICA, INC., SECURITIES LITIGATION. The Court requests the assistance of counsel in calling to the attention of the Clerk of this Court the filing or transfer of any case that might properly be consolidated as part of the Action. The pension Fund Group is appointed to serve as Lead Plaintiff in the above caption consolidated action pursuant to 15 U.S.C. 78u-4(a)(3)(b). The law firm of Labaton Suucharow & Rudoff LLP is hereby approved as Lead Counsel for the Class. Lead Counsel shall provide general supervision of the activities of plaintiff's counsel and shall have the following responsibilities and duties to perform or delegate as appropriate. (Signed by Judge George B. Daniels on 9/25/07) Filed In Associated Cases: 1:07-cv-00312-GBD, 1:07-cv-00557-GBD, 1:07-cv-01228-GBD, 1:07-cv-01850-GBD, 1:07-cv-01980-GBD(js) (Entered: 10/11/2007)

10/11/2007

30 

STIPULATION AND SCHEDULING ORDER: It is hereby further stipulated by and between the parties, through their counsel of record, that (i) Defendants shall file any motion, answer, or otherwise response to the Consolidated Complaint by no later than January 18, 2008; (ii) Lead Plaintiffs shall file an Opposition to Defendants' Motion to Dismiss, if any, by no later than March 7, 2008 and (iii) Defendants shall file a reply to Lead Plaintiffs' Opposition to Defendants' Motion to Dismiss, if any, by no later than April 11, 2008. So Ordered. (Signed by Judge George B. Daniels on 9/25/07) (js) (Entered: 10/11/2007)

10/11/2007

  

Set Deadlines/Hearings: Celestica Inc. answer due 1/18/2008; Stephen W. Delaney answer due 1/18/2008; Anthony P. Puppi answer due 1/18/2007. (js) (Entered: 10/11/2007)

10/17/2007

31 

NOTICE of Change of Firm Name and Address. Document filed by Pension Fund Group. (Keller, Christopher) (Entered: 10/17/2007)

10/18/2007

32 

NOTICE OF APPEARANCE by Stephen William Tountas on behalf of Pension Fund Group (Tountas, Stephen) (Entered: 10/18/2007)

10/18/2007

33 

NOTICE OF APPEARANCE by Joel H. Bernstein on behalf of Pension Fund Group (Bernstein, Joel) (Entered: 10/18/2007)

10/19/2007

34 

NOTICE OF APPEARANCE by Ann Elizabeth Gittleman on behalf of Pension Fund Group (Gittleman, Ann) (Entered: 10/19/2007)

10/24/2007

35 

NOTICE OF CHANGE OF ADDRESS by Ann Elizabeth Gittleman on behalf of Pension Fund Group. New Address: Labaton Sucharow LLP, 140 Broadway, New York, New York, USA 10005, (212) 907-0700. (Gittleman, Ann) (Entered: 10/24/2007)

10/25/2007

36 

NOTICE OF APPEARANCE by Joseph Alberto Fonti on behalf of The New Orleans Employees Retirement System, Millwright Regional Council of Ontario Pension Trust Fund, Carpenter's Local 27 Benefit Trust Fund, The Dry Wall Acoustic Lathing and Insulation Local 675 Pension Fund (Fonti, Joseph) (Entered: 10/25/2007)

11/21/2007

37 

CONSOLIDATED CLASS ACTION COMPLAINT against Onex Corporation, Gerald W. Schwartz, Celestica Inc., Stephen W. Delaney, Anthony P. Puppi. Document filed by Pension Fund Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (db) Modified on 1/28/2008 (db). (Entered: 12/04/2007)

02/25/2008

38 

FILING ERROR - DEFICIENT DOCKET ENTRY - (WRONG DATES) - WAIVER OF SERVICE RETURNED EXECUTED. Onex Corporation waiver sent on 1/24/2007, answer due 3/25/2007. Document filed by Pension Fund Group. (Tountas, Stephen) Modified on 2/28/2008 (lb). (Entered: 02/25/2008)

02/25/2008

39 

WAIVER OF SERVICE RETURNED EXECUTED. Gerald W. Schwartz waiver sent on 1/24/2008, answer due 3/24/2008. Document filed by Pension Fund Group. (Tountas, Stephen) (Entered: 02/25/2008)

02/25/2008

40 

WAIVER OF SERVICE RETURNED EXECUTED. Onex Corporation waiver sent on 1/24/2008, answer due 3/24/2008. Document filed by Pension Fund Group. (Tountas, Stephen) (Entered: 02/25/2008)

03/14/2008

41 

NOTICE OF APPEARANCE by Maria T Vullo on behalf of Onex Corporation, Gerald W. Schwartz (Vullo, Maria) (Entered: 03/14/2008)

03/14/2008

42 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Onex Corporation, Gerald W. Schwartz.(Vullo, Maria) (Entered: 03/14/2008)

03/14/2008

43 

MOTION to Dismiss the Consolidated Class Action Complaint. Document filed by Onex Corporation, Gerald W. Schwartz.(Vullo, Maria) (Entered: 03/14/2008)

03/14/2008

44 

MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by Onex Corporation, Gerald W. Schwartz. (Vullo, Maria) (Entered: 03/14/2008)

03/14/2008

45 

AFFIDAVIT of Maria T. Vullo in Support re: 43 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by Onex Corporation, Gerald W. Schwartz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2A, # 3 Exhibit 2B, # 4 Exhibit 2C, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Vullo, Maria) (Entered: 03/14/2008)

03/14/2008

46 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Onex Corporation as Corporate Parent. Document filed by Celestica Inc., Stephen W. Delaney, Anthony P. Puppi.(Geraci, Phillip) (Entered: 03/14/2008)

03/14/2008

47 

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss. Document filed by Celestica Inc., Stephen W. Delaney, Anthony P. Puppi. (Attachments: # 1 Declaration of Phillip A. Geraci in Support of Motion to Dismiss, # 2 Exhibit 1.1, # 3 Exhibit 1.2, # 4 Exhibit 1.3, # 5 Exhibit 2.1, # 6 Exhibit 2.2, # 7 Exhibit 2.3, # 8 Exhibit 2.4, # 9 Exhibit 2.5, # 10 Exhibit 3, # 11 Exhibit 4, # 12 Exhibit 5, # 13 Exhibit 6, # 14 Exhibit 7, # 15 Exhibit 8, # 16 Certificate of Service)(Geraci, Phillip) Modified on 3/17/2008 (jar). (Entered: 03/14/2008)

03/14/2008

48 

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 47 MOTION to Dismiss.. Document filed by Celestica Inc., Stephen W. Delaney, Anthony P. Puppi. (Attachments: # 1 Certificate of Service)(Geraci, Phillip) Modified on 3/17/2008 (jar). (Entered: 03/14/2008)

03/17/2008

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Phillip Geraci to RE-FILE Document 47 MOTION to Dismiss. ERROR(S): Supporting documents must be filed individually. Event code for Declaration in Support found under Replies, Oppositions, Supporting Documents. (jar) (Entered: 03/17/2008)

03/17/2008

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Phillip A. Geraci to RE-FILE Document 48 Memorandum of Law in Support of Motion. ERROR(S): Link supporting document to correctly re-filed motion. (jar) (Entered: 03/17/2008)

03/17/2008

49 

MOTION to Dismiss. Document filed by Celestica Inc., Stephen W. Delaney, Anthony P. Puppi. (Attachments: # 1 Certificate of Service)(Geraci, Phillip) (Entered: 03/17/2008)

03/17/2008

50 

DECLARATION of Phillip A. Geraci in Support re: 49 MOTION to Dismiss.. Document filed by Celestica Inc., Stephen W. Delaney, Anthony P. Puppi. (Attachments: # 1 Exhibit 1.1, # 2 Exhibit 1.2, # 3 Exhibit 1.3, # 4 Exhibit 2.1, # 5 Exhibit 2.2, # 6 Exhibit 2.3, # 7 Exhibit 2.4, # 8 Exhibit 2.5, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Affidavit Certificate of Service)(Geraci, Phillip) (Entered: 03/17/2008)

03/17/2008

51 

MEMORANDUM OF LAW in Support re: 49 MOTION to Dismiss.. Document filed by Celestica Inc., Stephen W. Delaney, Anthony P. Puppi. (Attachments: # 1 Certificate of Service)(Geraci, Phillip) (Entered: 03/17/2008)

04/25/2008

52 

STIPULATION AND SCHEDULING ORDER: Defendants shall file their motion to dismiss the consolidated class action complaint by no later than 3/14/2008; lead plaintiffs shall file any responses to the motions to dismiss by no later than 5/9/2008; and defendants shall file their replies in further support of thei motions to dismiss by no later than 6/13/2008. (Signed by Judge George B. Daniels on 4/25/2008) (jp) (Entered: 04/25/2008)

04/25/2008

53 

ENDORSED LETTER addressed to Judge George B. Daniels from Phillip. Geraci dated 1/16/2008 re: counsel writes to request an adjournment of the status conference in this action. ENDORSEMENT: The conference is adjourned to 7/16/2008 at 10:00 a.m. (Signed by Judge George B. Daniels on 4/25/2008) (jp) (Entered: 04/25/2008)

05/09/2008

54 

MEMORANDUM OF LAW in Opposition re: 43 MOTION to Dismiss the Consolidated Class Action Complaint., 49 MOTION to Dismiss.. Document filed by Pension Fund Group. (Fonti, Joseph) (Entered: 05/09/2008)

06/20/2008

55 

REPLY MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss the Consolidated Class Action Complaint.. Document filed by Onex Corporation, Gerald W. Schwartz. (Vullo, Maria) (Entered: 06/20/2008)

06/20/2008

56 

REPLY MEMORANDUM OF LAW in Support re: 49 MOTION to Dismiss.. Document filed by Celestica Inc., Stephen W. Delaney, Anthony P. Puppi. (Geraci, Phillip) (Entered: 06/20/2008)

08/18/2008

57 

TRANSCRIPT of proceedings held on 8/07/08 before Judge George B. Daniels. (ama) (Entered: 08/18/2008)

02/04/2010

58 

NOTICE OF APPEARANCE by Kenneth Anthony Gallo on behalf of Onex Corporation, Gerald W. Schwartz (Gallo, Kenneth) (Entered: 02/04/2010)

02/04/2010

59 

NOTICE OF APPEARANCE by David W. Brown on behalf of Onex Corporation, Gerald W. Schwartz (Brown, David) (Entered: 02/04/2010)

10/14/2010

60 

MEMORANDUM DECISION AND ORDER 49 Motion to Dismiss. Accordingly, the defendants' respective motions to dismiss to the complaint for failure to state a claim are granted. The complaint is hereby dismissed and the Clerk of the Court is directed to close this case. SO ORDERED. (Signed by Judge George B. Daniels on 10/14/2010) (jmi) (Entered: 10/14/2010)

10/14/2010

  

Transmission to Judgments and Orders Clerk. Transmitted re: 60 Order on Motion to Dismiss, to the Judgments and Orders Clerk. (jmi) (Entered: 10/15/2010)

10/19/2010

61 

CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Decision and Order dated October 14, 2010, defendants' respective motions to dismiss for failure to state a claim is granted and the complaint is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/19/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:07-cv-00312-GBD, 1:07-cv-00557-GBD, 1:07-cv-01228-GBD, 1:07-cv-01850-GBD, 1:07-cv-01980-GBD(ml) (Entered: 10/19/2010)

11/15/2010

62 

NOTICE OF APPEAL from 60 Order on Motion to Dismiss, 61 Clerk's Judgment. Document filed by Carpenter's Local 27 Benefit Trust Fund, Millwright Regional Council of Ontario Pension Trust Fund, The Dry Wall Acoustic Lathing and Insulation Local 675 Pension Fund, The New Orleans Employees Retirement System. Filing fee $ 455.00, receipt number E 921351. (tp) (Entered: 11/16/2010)

11/16/2010

  

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 62 Notice of Appeal. (tp) (Entered: 11/16/2010)

11/16/2010

  

Transmission of Notice of Appeal to the District Judge re: 62 Notice of Appeal. (tp) (Entered: 11/16/2010)

11/16/2010

  

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 3 MOTION to Consolidate Cases 07-CV-00312; 07-CV-00557; 07-CV-01228; 07-CV-01850 and 07-CV-01980. filed by OPEIU, Local 153 Pension Fund, 15 Notice of Appearance filed by Stephen W. Delaney, Celestica Inc., Anthony P. Puppi, 35 Notice of Change of Address filed by Pension Fund Group, 58 Notice of Appearance filed by Onex Corporation, Gerald W. Schwartz, 5 Memorandum of Law in Support of Motion filed by OPEIU, Local 153 Pension Fund, 11 Memorandum of Law in Support of Motion, filed by West Virginia Laborers' Pension Trust Fund, 7 Memorandum of Law in Support of Motion filed by Pension Fund Group, 60 Order on Motion to Dismiss, 54 Memorandum of Law in Opposition to Motion filed by Pension Fund Group, 61 Clerk's Judgment, 36 Notice of Appearance, filed by Carpenter's Local 27 Benefit Trust Fund, Millwright Regional Council of Ontario Pension Trust Fund, The New Orleans Employees Retirement System, The Dry Wall Acoustic Lathing and Insulation Local 675 Pension Fund, 52 Scheduling Order, 12 Declaration in Support of Motion, filed by West Virginia Laborers' Pension Trust Fund, 55 Reply Memorandum of Law in Support of Motion filed by Onex Corporation, Gerald W. Schwartz, 31 Notice (Other) filed by Pension Fund Group, 16 Notice of Appearance filed by Stephen W. Delaney, Celestica Inc., Anthony P. Puppi, 8 Declaration in Support of Motion, filed by Pension Fund Group, 45 Affidavit in Support of Motion, filed by Onex Corporation, Gerald W. Schwartz, 42 Rule 7.1 Corporate Disclosure Statement filed by Onex Corporation, Gerald W. Schwartz, 13 Notice (Other) filed by Sherry Saylor, 43 MOTION to Dismiss the Consolidated Class Action Complaint. filed by Onex Corporation, Gerald W. Schwartz, 33 Notice of Appearance filed by Pension Fund Group, 48 Memorandum of Law in Support of Motion, filed by Stephen W. Delaney, Celestica Inc., Anthony P. Puppi, 62 Notice of Appeal, filed by Carpenter's Local 27 Benefit Trust Fund, Millwright Regional Council of Ontario Pension Trust Fund, The New Orleans Employees Retirement System, The Dry Wall Acoustic Lathing and Insulation Local 675 Pension Fund, 23 Reply Memorandum of Law in Support of Motion, filed by West Virginia Laborers' Pension Trust Fund, 49 MOTION to Dismiss filed by Stephen W. Delaney, Celestica Inc., Anthony P. Puppi, 32 Notice of Appearance filed by Pension Fund Group, 56 Reply Memorandum of Law in Support of Motion filed by Stephen W. Delaney, Celestica Inc., Anthony P. Puppi, 29 Order on Motion to Consolidate Cases, Order on Motion for Miscellaneous Relief, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), 34 Notice of Appearance filed by Pension Fund Group, 53 Endorsed Letter, Set Hearings, 28 Notice (Other) filed by Russell Henning, 30 Scheduling Order, Set Motion and R&R Deadlines/Hearings, 2 Order for Initial Pretrial Conference, 18 Declaration in Opposition to Motion, filed by OPEIU, Local 153 Pension Fund, 4 Declaration in Support of Motion filed by OPEIU, Local 153 Pension Fund, 1 Complaint filed by Russell Henning, 51 Memorandum of Law in Support of Motion filed by Stephen W. Delaney, Celestica Inc., Anthony P. Puppi, 17 Memorandum of Law in Opposition to Motion, filed by OPEIU, Local 153 Pension Fund, 47 MOTION to Dismiss filed by Stephen W. Delaney, Celestica Inc., Anthony P. Puppi, 50 Declaration in Support of Motion, filed by Stephen W. Delaney, Celestica Inc., Anthony P. Puppi, 46 Rule 7.1 Corporate Disclosure Statement filed by Stephen W. Delaney, Celestica Inc., Anthony P. Puppi, 10 MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions. MOTION to Appoint West Virginia Laborers' Pension Trust Fund to serve as lead plaintiff(s) to Approve Its Selection of Lead Counsel and to Consolidate Related Actions. filed by West Virginia Laborers' Pension Trust Fund, 20 Memorandum of Law in Support of Motion filed by Pension Fund Group, 9 Certificate of Service Other filed by Pension Fund Group, 38 Waiver of Service Executed filed by Pension Fund Group, 41 Notice of Appearance filed by Onex Corporation, Gerald W. Schwartz, 40 Waiver of Service Executed filed by Pension Fund Group, 22 Affidavit of Service Complaints filed by Russell Henning, 14 Notice of Appearance filed by Stephen W. Delaney, Celestica Inc., Anthony P. Puppi, 39 Waiver of Service Executed filed by Pension Fund Group, 25 Declaration in Support of Motion filed by OPEIU, Local 153 Pension Fund, 6 MOTION For Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel, and Consolidation. filed by Pension Fund Group, 59 Notice of Appearance filed by Onex Corporation, Gerald W. Schwartz, 24 Reply Memorandum of Law in Support of Motion filed by OPEIU, Local 153 Pension Fund, 19 Memorandum of Law in Opposition to Motion, filed by West Virginia Laborers' Pension Trust Fund, 26 Reply Memorandum of Law in Support of Motion filed by Pension Fund Group, 44 Memorandum of Law in Support of Motion filed by Onex Corporation, Gerald W. Schwartz, 21 Certificate of Service Other filed by Pension Fund Group, 27 Declaration in Support of Motion, filed by Pension Fund Group, 37 Complaint, filed by Pension Fund Group were transmitted to the U.S. Court of Appeals. (tp) (Entered: 11/16/2010)

04/08/2011

63 

MOTION for Ann Elizabeth Gittleman to Withdraw as Attorney. Document filed by Pension Fund Group.(Fonti, Joseph) (Entered: 04/08/2011)

04/08/2011

64 

DECLARATION of Joseph A. Fonti in Support re: 63 MOTION for Ann Elizabeth Gittleman to Withdraw as Attorney.. Document filed by Pension Fund Group. (Fonti, Joseph) (Entered: 04/08/2011)

04/11/2011

65 

ORDER: Plaintiffs' motion for an order directing the withdrawal of Ann Elizabeth Gittleman as counsel for Plaintiffs is GRANTED. (Signed by Judge George B. Daniels on 4/11/2011) (jpo) (Entered: 04/11/2011)

12/29/2011

66 

TRUE COPY ORDER of USCA as to 62 Notice of Appeal, filed by Carpenter's Local 27 Benefit Trust Fund, Millwright Regional Council of Ontario Pension Trust Fund, The New Orleans Employees Retirement System, The Dry Wall Acoustic Lathing and Insulation Local 675 Pension Fund USCA Case Number 10-4702-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on October 19, 2010, is REVERSED and the case is REMANDED for further proceedings consistent with this order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/29/2011. (kj) (Entered: 12/29/2011)

12/29/2011

  

Transmission of USCA Mandate/Order to the District Judge re: 66 USCA Order,,. (kj) (Entered: 12/29/2011)

 

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