US District Court Civil Docket as of
11/15/2010
Retrieved from the court on November
16, 2010
United States District Court
Central District Of California (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:07-cv-00931-DDP -FMO
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Cause: 28:1331 Fed. Question:
Securities Violation |
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Plaintiff |
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Avi Gold |
represented by |
Laurence D Paskowitz |
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Plaintiff |
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Durston Winesburg |
represented by |
Lori S Brody |
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Plaintiff |
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Robert W Boyd, III |
represented by |
Lori S Brody |
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Plaintiff |
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Bruce Novotone |
represented by |
Lori S Brody |
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Consol Plaintiff |
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New York State Teachers'
Retirement System |
represented by |
Blair A Nicholas |
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Consol Plaintiff |
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Charles Hooten |
represented by |
James S Cahill |
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Consol Plaintiff |
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Carl Larson |
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Movant |
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Eden-Zoghby Group |
represented by |
Frederic S Fox |
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Movant |
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Stuart Wollman |
represented by |
Betsy C Manifold |
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Movant |
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Joe Verne |
represented by |
Alan Duane Berg |
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Movant |
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Anima S.G.R.p.A |
represented by |
Christopher Kim |
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Movant |
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Metzler Asset Management GmbH |
represented by |
Alexander Reus |
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Movant |
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Paul R Aronson |
represented by |
Brian Phillip Murray |
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Movant |
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Laborers Pension Trust Fund for
Northern California |
represented by |
Brian Phillip Murray |
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Movant |
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Jack Roth |
represented by |
Brian Phillip Murray |
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Movant |
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Reinhard Barthel |
represented by |
Fei-Lu Qian |
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Movant |
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Maine State Retirement System |
represented by |
Chad Allen Carder |
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Movant |
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Port Authority of Allegheny County
Retirement and Disability Allowance Plan for Employees Represented by Local
85 of the Amalgamated Transit Union
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represented by |
Chad Allen Carder |
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Movant |
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Donald Johnson |
represented by |
Blake M Harper |
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Movant |
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William Kornfeld, Jr. |
represented by |
Blake M Harper |
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Movant |
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Joshua Brown |
represented by |
Lionel Zevi Glancy |
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Movant |
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Steven Gedy |
represented by |
Lionel Zevi Glancy |
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Movant |
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Hoa T D Howell |
represented by |
Lionel Zevi Glancy |
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Movant |
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Earl R Kidd |
represented by |
Lionel Zevi Glancy |
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Movant |
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Nader Sidhom |
represented by |
Lionel Zevi Glancy |
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Movant |
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Jay Peter Kaufman Revocable Trust |
represented by |
Elizabeth P Lin |
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Movant |
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The Preferred Share Purchasers
Group |
represented by |
Blake M Harper |
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Defendant |
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Brad A Morrice |
represented by |
John W Spiegel |
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Defendant |
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Taj S Bindra |
represented by |
Koji F Fukumura |
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Defendant |
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Robert K Cole |
represented by |
Ethan J Brown |
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Defendant |
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Patti M Dodge |
represented by |
John W Spiegel |
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Defendant |
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New Century Financial Corporation |
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Consol Defendant |
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Bear Stearns & Co Inc |
represented by |
Eleanor K Mercado |
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Consol Defendant |
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Deutsche Bank Securities Inc |
represented by |
Eleanor K Mercado |
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Consol Defendant |
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Jefferies & Company Inc |
represented by |
Eleanor K Mercado |
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Consol Defendant |
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JMP Securities LLC |
represented by |
Eleanor K Mercado |
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Consol Defendant |
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Morgan Stanley & Co Inc |
represented by |
Eleanor K Mercado |
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Consol Defendant |
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Piper Jaffray & Co |
represented by |
Eleanor K Mercado |
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Consol Defendant |
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Roth Capital Partners LLC |
represented by |
Eleanor K Mercado |
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Consol Defendant |
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Stifel Nicolaus & Company Inc |
represented by |
Eleanor K Mercado |
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Consol Defendant |
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Susan Gotschall |
represented by |
Harriet S Posner |
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Consol Defendant |
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Stergios Theologides |
represented by |
John W Spiegel |
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Consol Defendant |
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Joseph M Eckroth, Jr |
represented by |
John W Spiegel |
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Consol Defendant |
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Kevin M Cloyd |
represented by |
John W Spiegel |
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Consol Defendant |
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Marilyn A Alexander |
represented by |
Matthew E Lilly |
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Consol Defendant |
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Harold A Black |
represented by |
Matthew E Lilly |
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Consol Defendant |
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David Einhorn |
represented by |
Matthew E Lilly |
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Consol Defendant |
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Fredric F Forster |
represented by |
Matthew E Lilly |
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Consol Defendant |
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Donald E Lange |
represented by |
Matthew E Lilly |
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Consol Defendant |
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Michael M Sachs |
represented by |
Matthew E Lilly |
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Consol Defendant |
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Richard A Zona |
represented by |
Matthew E Lilly |
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Consol Defendant |
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Terrence P Sandvik |
represented by |
Matthew E Lilly |
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Consol Defendant |
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KPMG LLP |
represented by |
Bradley H Ellis |
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Consol Defendant |
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William J Popejoy |
represented by |
Jame P Mascaro |
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Date Filed |
# |
Docket Text |
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02/08/2007 |
1 |
COMPLAINT against defendants Patti
M Dodge, New Century Financial Corporation, Brad A Morrice, Taj S Bindra,
Robert K Cole.(Filing fee $ 350 Paid) Jury Demanded. , filed by plaintiff Avi
Gold.(rrey, ) (Entered: 02/13/2007) |
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02/08/2007 |
2 |
NOTICE of Interested Parties filed
by Plaintiff Avi Gold. (rrey, ) (Entered: 02/13/2007) |
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02/08/2007 |
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20 Day Summons Issued re Complaint
- (Discovery) 1 as to Patti M Dodge, New Century Financial Corporation, Brad
A Morrice, Taj S Bindra, Robert K Cole. (rrey, ) (Entered: 02/13/2007) |
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02/08/2007 |
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FAX number for Attorney Peter A
Binkow, Lionel Z Glancy, Michael M Goldberg is
310-201-9160. (rrey, ) (Entered: 02/13/2007) |
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02/08/2007 |
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FAX number for Attorney Nancy
Kaboolian is 212-684-5191. (rrey, ) (Entered: 02/13/2007) |
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02/08/2007 |
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FAX number for Attorney Roy L
Jacobs, Laurence D Paskowitz is 212-685-2306. (rrey, ) (Entered: 02/13/2007) |
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02/20/2007 |
3 |
NOTICE of Related Case(s) filed by
Defendants Patti M Dodge, New Century Financial Corporation, Brad A Morrice,
Taj S Bindra, Robert K Cole. Related Case(s): SACV 07-0162 DOC (ANx) (rn, )
(Entered: 02/26/2007) |
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04/02/2007 |
4 |
NOTICE of Appearance filed by
attorney Philip C Tencer, Koji F Fukumura on behalf of Defendants Patti M
Dodge, Brad A Morrice, Taj S Bindra. (pbap, ) (Entered: 04/06/2007) |
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04/02/2007 |
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FAX number for Attorney Koji F
Fukumura, Philip C Tencer is 858-550-6420. (pbap, ) (Entered: 04/06/2007) |
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04/06/2007 |
5 |
NOTICE OF BANKRUPTCY of Defendant
New Century Financial Corporation and Stay of Proceedings, U.S. Bankruptcy
Court for the District of Delaware, Case No. 07-10416 (KJC) filed by
Defendants Brad A. Morrice, Taj S. Bindra and Patti M. Dodge. (gk, )
(Entered: 04/10/2007) |
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04/10/2007 |
6 |
NOTICE OF MOTION AND MOTION to:
(1) Consolidate the Related Cases; (2) Appoint the Eden-Zoghby Group as Lead
Plaintiff; and (3) Approve Lead Plaintiff Movant's Choice of Co-Lead Counsel
filed by Lead Plaintiff Movant The Eden-Zoghby Group. Motion set for hearing on
5/7/2007 at 10:00 AM before Judge Dean D. Pregerson. Lodged Proposed Order.
(gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
7 |
MEMORANDUM of Points and
Authorities in Support of Motion to: (1) Consolidate the Related Cases; (2)
Appoint the Eden-Zoghby Group as Lead Plaintiff; and (3) Approve Lead
Plaintiff Movant's Choice of Co-Lead Counsel 6 filed by Lead Plaintiff Movant
The Eden-Zoghby Group. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
8 |
DECLARATION of Lori S. Brody in
Support of Motion to: (1) Consolidate the Related Cases; (2) Appoint the
Eden-Zoghby Group as Lead Plaintiff; and (3) Approve Lead Plaintiff Movant's
Choice of Co-Lead Counsel 6 filed by Lead Plaintiff Movant The Eden-Zoghby
Group. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
9 |
CERTIFICATION of Interested
Parties filed by Lead Plaintiff Movant The Eden-Zoghby Group. (gk, )
(Entered: 04/12/2007) |
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04/10/2007 |
10 |
PROOF OF SERVICE filed by Lead
Plaintiff Movant The Eden-Zoghby Group of Notice of Motion and Motion to: (1)
Consolidate the Related Cases; (2) Appoint the Eden-Zoghby Group as Lead
Plaintiff; and (3) Approve Lead Plaintiff Movant's Choice of Co-Lead Counsel 6 , Memorandum of Points and Authorities in Support of
Motion 7 , Declaration of Lori S. Brody 8 , Proposed Order, and Certification
of Interested Parties 9 , served on 4/10/2007. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
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FAX number for Attorney Lori S
Brody is 310-785-0897. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
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FAX number for Attorney Laurence D
King is 415-772-4707. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
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FAX number for Attorney Karen
Hanson Riebel is 612-339-0981. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
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FAX number for Attorney Jeffrey P
Campisi, Frederic S Fox, Joel B Strauss is
212-687-7714. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
11 |
NOTICE OF MOTION for Preliminary
Injunction filed by Movant New York State Teachers' Retirement System. Motion
set for hearing on 5/7/2007 at 10:00 AM before Judge Dean D. Pregerson.
Lodged Proposed Order. (gk, ) Modified on 4/12/2007 (gk, ).
(Entered: 04/12/2007) |
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04/10/2007 |
12 |
MEMORANDUM of Law in Support of
Motion for Preliminary Injunction 11 filed by Movant New York State Teachers'
Retirement System. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
13 |
DECLARATION of Blair A. Nichols in
Support of Motion for Preliminary Injunction 11 filed by Movant New York
State Teachers' Retirement System. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
14 |
DECLARATION OF SERVICE filed by
Movant New York State Teachers' Retirement System Notice of Motion for
Preliminary Injunction 11 , Memorandum of Law in
Support of Motion 12 , Declaration of Blair A. Nicholas 13 , served on
4/10/2007. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
15 |
NOTICE of Interested Parties filed
by Movant New York State Teachers' Retirement System. (gk, ) (Entered:
04/12/2007) |
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04/10/2007 |
16 |
DECLARATION OF SERVICE filed by
Movant New York State Teachers' Retirement System of Notice of Interested
Parties 15 , served on 4/10/2007. (gk, ) (Entered:
04/12/2007) |
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04/10/2007 |
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FAX number for Attorney Matthew P
Siben is 858-793-0323. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
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FAX number for Attorney Max W
Berger, Salvatore J Graziano, Noam Mandel, Gerald H
Silk is 212-554-1444. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
17 |
NOTICE OF MOTION for Appointment
as Lead Plaintiff, Approval of Its Selection of Counsel as Lead Counsel, and
Consolidation of All Related Cases filed by Movant New York State Teachers'
Retirement System. Motion set for hearing on 5/7/2007 at 10:00 AM before
Judge Dean D. Pregerson. Lodged Proposed Order. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
18 |
MEMORANDUM of Law in Support of
Motion for Appointment as Lead Plaintiff, Approval of Its Selection of
Counsel as Lead Counsel, and Consolidation of All Related Actions 17 filed by
Movant New York State Teachers' Retirement System. (gk, ) (Entered:
04/12/2007) |
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04/10/2007 |
19 |
DECLARATION of Blair A. Nicholas
in Support of Motion for Appointment as Lead Plaintiff, Approval of Its
Selection of Counsel as Lead Counsel, and Consolidation of All Related
Actions 17 filed by Movant New York State Teachers' Retirement System. (gk, )
(Entered: 04/12/2007) |
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04/10/2007 |
20 |
DECLARATION OF SERVICE filed by
Movant New York State Teachers' Retirement System of Motion for Appointment
as Lead Plaintiff, Approval of Its Selection of Counsel as Lead Counsel, and
Consolidation of All Related Actions 17 , Memorandum of Points and
Authorities in Support of Motion 18 , Declaration of Blair A. Nicholas 19 ,
served on 4/10/2007. (gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
21 |
NOTICE OF MOTION AND MOTION for
Appointment as Lead Plaintiff, for Approval of His Selection of Lead Counsel,
and for Consolidation filed by Movant Stuart Wollman. Motion set for hearing
on 5/7/2007 at 10:00 AM before Judge Dean D. Pregerson. (gk, ) (Entered:
04/12/2007) |
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04/10/2007 |
22 |
MEMORANDUM of Law in Support of
the Motion for Appointment as Lead Plaintiff, for Approval of His Selection
of Lead Counsel, and for Consolidation 21 filed by Movant Stuart Wollman.
(gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
23 |
DECLARATION OF SERVICE filed by
Movant Stuart Wollman of Motion for Appointment as Lead Plaintiff, for
Approval of His Selection of Lead Counsel, and for Consolidation 21 , Memorandum of Law in Support of Motion 22 ,
Declaration of Marisa C. Livesay, and Proposed Order, served on 4/10/2007.
(gk, ) (Entered: 04/12/2007) |
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04/10/2007 |
24 |
NOTICE OF MOTION AND MOTION for
Consolidation, for Appointment as Lead Plaintiff on Behalf of the Series B
Preferred Stock Purchaser Class Under Section 21D(a)(3)(B) of the Securities
Exchange Act of 1934 and for Approval of Lead Plaintiff's Selection of Lead
Counsel and Liaison Counsel filed by Movant Joe Verne. Motion set for hearing
on 5/7/2007 at 10:00 AM before Judge Dean D. Pregerson. Lodged Proposed
Order. (gk, ) (Entered: 04/13/2007) |
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04/10/2007 |
25 |
MEMORANDUM of Law in Support of
Motion for Consolidation, for Appointment as Lead Plaintiff on Behalf of the
Series B Preferred Stock Purchaser Class Under Section 21D(a)(3)(B) of the
Securities Exchange Act of 1934 and for Approval of Lead Plaintiff's
Selection of Lead Counsel and Liaison Counsel 24 filed by Movant Joe Verne.
(gk, ) (Entered: 04/13/2007) |
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04/10/2007 |
26 |
DECLARATION of Douglas Risen in
Support of Motion for Consolidation, for Appointment as Lead Plaintiff on
Behalf of the Series B Preferred Stock Purchaser Class Under Section
21D(a)(3)(B) of the Securities Exchange Act of 1934 and for Approval of Lead
Plaintiff's Selection of Lead Counsel and Liaison Counsel 24 filed by Movant
Joe Verne. (gk, ) (Entered: 04/13/2007) |
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04/10/2007 |
27 |
PROOF OF SERVICE filed by Movant
Joe Verne of Memorandum of Law in Support of Motion for Consolidation, for
Appointment as Lead Plaintiff on Behalf of the Series B Preferred Stock
Purchaser Class Under Section 21D(a)(3)(B) of the
Securities Exchange Act of 1934 and for Approval of Lead Plaintiff's
Selection of Lead Counsel and Liaison Counsel 25 , Declaration of Douglas
Risen 26 , and Proposed Order, served on 4/10/2007. (gk, ) (Entered:
04/13/2007) |
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04/10/2007 |
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FAX number for Attorney Alan Berg
is 818-788-8104. (gk, ) (Entered: 04/13/2007) |
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04/10/2007 |
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FAX number for Attorney Douglas M
Risen, Sherrie R Savett is 215-875-4604. (gk, ) (Entered: 04/13/2007) |
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04/10/2007 |
28 |
NOTICE OF MOTION AND MOTION to
Consolidate Actions, Appoint the New Century Institutional Ivestor Group as
Lead Plaintiff Pursuant to Section 21D(a)(3)(B) of
the Securities Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of
Counsel filed by Movants Anima S.G.R.p.A and Metzler Asset Management GmbH
(collectively, the "New Century Institutional Investor Group");
memorandum of points and authorities in support of motion. Motion set for
hearing on 5/21/2007 at 10:00 AM before Judge Dean D. Pregerson. Lodged
Proposed Order. (gk, ) (Entered: 04/13/2007) |
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04/10/2007 |
|
FAX number for Attorney Stuart L
Berman, Darren J Check, Sean M Handler, Richard S Schiffrin, Nicolette Tropiano is 610-667-7056. (gk, ) (Entered:
04/13/2007) |
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04/10/2007 |
|
FAX number for Attorney Jay W
Eisenhofer is 646-722-8501. (gk, ) (Entered: 04/13/2007) |
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04/10/2007 |
|
FAX number for Attorney Naumon A
Amjed, Geoffrey C Jarvis, Sharan Nirmul is
302-622-7100. (gk, ) (Entered: 04/13/2007) |
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04/10/2007 |
|
FAX number for Attorney Alexander
Reus is 305-375-8050. (gk, ) (Entered: 04/13/2007) |
|
04/10/2007 |
29 |
DECLARATION of Lisa J. Yang in
Support of Motion to Consolidate Actions, Appoint the New Century
Institutional Ivestor Group as Lead Plaintiff Pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and to
Approve Lead Plaintiff's Choice of Counsel 28 filed by Movants Anima
S.G.R.p.A and Metzler Asset Management GmbH (collectively, the "New
Century Institutional Investor Group"). (gk, ) (Entered: 04/13/2007) |
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04/10/2007 |
30 |
NOTICE of Filing of Motion for
Appointment of Lead Plaintiff, Lead Counsel and Liaison Counsel by Charles
Hooten in Huang v. Cole, et al., SACV 07-0387 JVS filed by Movant Charles
Hooten. (gk, ) (Entered: 04/13/2007) |
|
04/10/2007 |
31 |
NOTICE OF MOTION AND MOTION for
Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiff's
Selection of Co-Lead Counsel filed by Movants the "Pension Trust
Group" Laborers Pension Trust Fund for Northern California, Jack Roth
and Paul R. Aronson. Motion set for hearing on 5/7/2007 at 10:00 AM before
Judge Dean D. Pregerson. Lodged Proposed Order. (gk, ) (Entered: 04/23/2007) |
|
04/10/2007 |
32 |
MEMORANDUM of Points and
Authorities in Support of Motion for Consolidation, Appointment as Lead
Plaintiff and Approval of Lead Plaintiff's Selection of Co-Lead Counsel 31
filed by Movants Laborers Pension Trust Fund for Northern California, Jack
Roth and Paul R. Aronson. (gk, ) (Entered: 04/23/2007) |
|
04/10/2007 |
33 |
DECLARATION of Ramzi Abadou in
Support of Motion for Consolidation, Appointment as Lead Plaintiff and
Approval of Lead Plaintiff's Selection of Co-Lead Counsel MOTION for Order
for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection
of Co-Lead Counsel 31 filed by Movants Laborers Pension Trust Fund for
Northern California, Jack Roth and Paul R. Aronson. (gk, ) (Entered:
04/23/2007) |
|
04/10/2007 |
|
FAX number for Attorney Ramzi
Abadou, John J Rice, Darren J Robbins, Susan G
Taylor is 619-231-7423. (gk, ) (Entered: 04/23/2007) |
|
04/10/2007 |
|
FAX number for Attorney Brian
Phillip Murray is 212-682-1892. (gk, ) (Entered: 04/23/2007) |
|
04/10/2007 |
34 |
NOTICE OF MOTION and Memorandum of
Points and Authorities in Support of MOTION to Consolidate, for Appointment
as Lead Plaintiff and for Approval of Lead Counsel and Liaison Counsel filed
by Movant Reinhard Barthel. Motion set for hearing on 5/7/2007 at 10:00 AM
before Judge Dean D. Pregerson. Lodged Proposed Order. (gk, ) (Entered: 04/27/2007) |
|
04/10/2007 |
35 |
DECLARATION of Steven N. Williams
in Support of Motion to Consolidate, for Appointment of Lead Plaintiff and
Approval of Lead Counsel and Liaison Counsel 34 filed by Movant Reinhard
Barthel. (gk, ) (Entered: 04/27/2007) |
|
04/10/2007 |
36 |
PROOF OF SERVICE filed by Movant
Reinhard Barthel of Notice of Motion and Moemorandum of Points and
Authorities in Support of Motion to Consolidate, for Appointment as Lead
Plaintiff and for Approval of Lead Counsel and Liaison Counsel 34 , and
Declaration of Steven N. Williams 35 , served on 4/10/2007. (gk, ) (Entered:
04/27/2007) |
|
04/10/2007 |
|
FAX number for Attorney Joseph W
Cotchett, Steven N Williams is 650-697-0577. (gk, ) (Entered: 04/27/2007) |
|
04/10/2007 |
|
FAX number for Attorney Marc I
Gross, Fei-Lu Qian is 212-661-8665. (gk, ) (Entered: 04/27/2007) |
|
04/10/2007 |
|
FAX number for Attorney Patrick V
Dahlstrom, Joshua B Silverman is 312-377-1184. (gk, ) (Entered: 04/27/2007) |
|
04/10/2007 |
37 |
NOTICE OF MOTION AND MOTION to
Consolidate Related Cases, Appoint Lead Plaintiff and Lead Counsel filed by
Movants Port Authority of Allegheny County Retirement and Disability
Allowance Plan for Employees Represented by Local 85 of the Amalgamated
Transit Union and Maine State Retirement System. Motion set for hearing on
5/7/2007 at 10:00 AM before Judge Dean D. Pregerson. Lodged Proposed Order.
(gk, ) (Entered: 04/27/2007) |
|
04/10/2007 |
|
FAX number for Attorney Stephen R
Basser, John L Haeussler, Mark R Rosen is
619-230-1874. (gk, ) (Entered: 04/27/2007) |
|
04/10/2007 |
|
FAX number for Attorney Daniel E
Bacine, Leonard Barrack, Chad Allen Carder is
215-963-0838. (gk, ) (Entered: 04/27/2007) |
|
04/10/2007 |
38 |
MEMORANDUM of Points and
Authorities in Support of Motion to Consolidate Related Cases, Appoint Lead
Plaintiff and Lead Counsel 37 filed by Movants Port Authority of Allegheny
County Retirement and Disability Allowance Plan for Employees Represented by
Local 85 of the Amalgamated Transit Union and Maine State Retirement System.
(gk, ) (Entered: 04/27/2007) |
|
04/10/2007 |
39 |
DECLARATION of Mark R. Rosen in
Support of Motion to Consolidate Related Cases, Appoint Lead Plaintiff and
Lead Counsel 37 filed by Movants Port Authority of Allegheny County
Retirement and Disability Allowance Plan for Employees Represented by Local
85 of the Amalgamated Transit Union and Maine State Retirement System. (gk, )
(Entered: 04/27/2007) |
|
04/10/2007 |
40 |
PROOF OF SERVICE filed by Movants
Port Authority of Allegheny County Retirement and Disability Allowance Plan
for Employees Represented by Local 85 of the Amalgamated Transit Union and
Maine State Retirement System of Notice of Motion and Motion to Consolidate
Related Cases, Appoint Lead Plaintiff and Lead Counsel 37 ,
Memorandum of Points and Authorities in Support of Motion 38 , Declaration of
Mark R. Rosen 39 , served on 4/10/2006. (gk, ) (Entered: 04/27/2007) |
|
04/10/2007 |
47 |
DECLARATION of Marisa C. Livesay
in Support of the Motion for Appointment as Lead Plaintiff, for Approval of
His Selection of Lead Counsel and for Consolidation 21 filed by Movant Stuart
Wollman. (gk, ) (Entered: 04/30/2007) |
|
04/11/2007 |
41 |
NOTICE OF MOTION AND MOTION to
Oppose Consolidation of the Actions or, in the Alternative, to be Appointed
Lead Plaintiff for The Preferred Share Purchasers Class and to Approve its
Choice of Counsel filed by Movants "The Preferred Share Purchasers
Group" Donald Johnson and William Kornfeld, Jr. Motion set for hearing
on 5/14/2007 at 10:00 AM before Judge Dean D. Pregerson. Lodged Proposed
Order. (gk, ) (Entered: 04/30/2007) |
|
04/11/2007 |
42 |
MEMORANDUM of Points and
Authorities in Support of the Motion to Oppose Consolidation of the Actions
or, in the Alternative, to be Appointed Lead Plaintiff for The Preferred
Share Purchasers Class and to Approve its Choice of Counsel 41 filed by
Movants "The Preferred Share Purchasers Group" Donald Johnson and
William Kornfeld, Jr. (gk, ) (Entered: 04/30/2007) |
|
04/11/2007 |
43 |
DECLARATION of Dennis Stewart in
Support of the Motion to Oppose Consolidation of the Actions or, in the
Alternative, to be Appointed Lead Plaintiff for The Preferred Share
Purchasers Class and to Approve its Choice of Counsel 41 filed by Movants
"The Preferred Share Purchasers Group" Donald Johnson and William
Kornfeld, Jr. (gk, ) (Entered: 04/30/2007) |
|
04/11/2007 |
|
FAX number for Attorney Blake M
Harper, Jennifer A Kagan, Dennis Stewart is
619-338-1139. (gk, ) (Entered: 04/30/2007) |
|
04/11/2007 |
44 |
NOTICE OF MOTION for the
Consolidation of All Related Cases, to be Appointed Lead Plaintiff, and for
Approval of Lead Plaintiff's Selection of Lead Counsel filed by Movants
"The Brown Group" Joshua Brown, Nader Sidhom, Earl R. Kidd, Hoa
T.D. Howell and Steven Gedy. Motion set for hearing on 5/7/2007 at 10:00 AM
before Judge Dean D. Pregerson. (gk, ) (Entered: 04/30/2007) |
|
04/11/2007 |
45 |
MEMORANDUM of Points and
Authorities in Support of Motion for the Consolidation of All Related Cases,
to be Appointed Lead Plaintiff, and for Approval of Lead Plaintiff's
Selection of Lead Counsel 44 filed by Movants "The Brown Group"
Joshua Brown, Nader Sidhom, Earl R. Kidd, Hoa T.D. Howell and Steven Gedy.
(gk, ) (Entered: 04/30/2007) |
|
04/11/2007 |
46 |
DECLARATION of Nancy Kaboolian in
Support of Motion for the Consolidation of All Related Cases, the Appointment
of Lead Plaintiff, and for the Approval of Lead Plaintiff's Selection of Lead
Counsel 44 filed by Movants "The Brown Group" Joshua Brown, Nader
Sidhom, Earl R. Kidd, Hoa T.D. Howell and Steven Gedy. (gk, ) (Entered:
04/30/2007) |
|
04/13/2007 |
48 |
PROOF OF SERVICE filed by Movants
"The Preferred Share Purchasers Group" Donald Johnson and William
Kornfeld, Jr. of Notice of Motion and Motion to Oppose Consolidation of the
Actions or, in the Alternative, to be Appointed Lead Plaintiff for The Preferred
Share Purchasers Class and to Approve its Choice of Counsel 41 , Memorandum of Points and Authorities in Support of
Motion 42 , Declaration of Dennis Stewart 43 , and Proposed Order, served by
mail on 4/11/2007. (gk, ) Modified on 4/30/2007 (gk, ).
(Entered: 04/30/2007) |
|
04/13/2007 |
49 |
PROOF OF SERVICE filed by Movants
"The Preferred Share Purchasers Group" Donald Johnson and William
Kornfeld, Jr. of Notice of Motion and Motion to Oppose Consolidation of the
Actions or, in the Alternative, to be Appointed Lead Plaintiff for The
Preferred Share Purchasers Class and to Approve its Choice of Counsel 41 , Memorandum of Points and Authorities in Support of
Motion 42 , Declaration of Dennis Stewart 43 , and Proposed Order, served by
electronic mail on 4/11/2007. (gk, ) (Entered: 04/30/2007) |
|
04/18/2007 |
50 |
Notice of Withdrawal of the Motion
for Consolidation of All Related Cases, to be Appointed Lead Plaintiff, and
for Approval of Lead Plaintiff's Selection of Lead Counsel 44 filed by
Movants "The Brown Group" Joshua Brown, Nader Sidhom, Earl R. Kidd,
Hoa T.D. Howell and Steven Gedy. (gk, ) (Entered: 04/30/2007) |
|
04/23/2007 |
54 |
MEMORANDUM of Law in Further
Support of the Motion for Appointment as Lead Plaintiff 17 and in Opposition
to All Other Motions filed by Movant New York State Teachers' Retirement
System. (gk, ) (Entered: 05/03/2007) |
|
04/23/2007 |
56 |
DECLARATION OF SERVICE filed by
Movant New York State Teachers' Retirement System of Memorandum of Law in
Further Support of the Motion for Appointment as Lead Plaintiff and in
Opposition to All Other Motions 54 , served on
4/23/2007. (gk, ) (Entered: 05/09/2007) |
|
04/23/2007 |
57 |
RESPONSE to Motion of Preferred
Share Purchasers Group to Oppose Consolidation or in the Alternative to be
Appointed Lead Plaintiff for The Preferred Share Purchasers Class and to
Approve its Choice of Counsel 41 filed by Defendants Brad A. Morrice, Taj S.
Bindra, Robert K. Cole and Patti M. Dodge. (gk, ) (Entered: 05/09/2007) |
|
04/23/2007 |
58 |
MEMORANDUM of Law in Further
Support of Motion for Appointment as Lead Plaintiff on Behalf of the Series B
Preferred Stock Purchaser Class 24 and in Opposition to Competing Motions
filed by Movant Joe Verne. (gk, ) (Entered: 05/09/2007) |
|
04/23/2007 |
59 |
PROOF OF SERVICE filed by Movant
Joe Verne of Memorandum of Law in Further Support of Motion for Appointment
as Lead Plaintiff on Behalf of the Series B Preferred Stock Purchaser Class 58 , served on 4/23/2007. (gk, ) (Entered: 05/09/2007) |
|
04/23/2007 |
62 |
MEMORANDUM of Points and
Authorities in Further Support of Motion for Appointment as Lead Plaintiff
and for Approval of Counsel 34 filed by Movant Reinhard Barthel. (gk, )
(Entered: 05/09/2007) |
|
04/23/2007 |
63 |
NOTICE OF NON-OPPOSITION to the
New York State Teachers' Retirement System's Motion for Consolidation,
Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel 17
filed by Movant The Eden-Zoghby Group. (gk, ) (Entered: 05/09/2007) |
|
04/23/2007 |
64 |
MEMORANDUM in Opposition to
Appointment of Lead Counsel Over the New Century Preferred Stock Action
Alleging Section 11 Claims Pending in the Southern District of New York 28
filed by Jay Peter Kaufman Revocable Trust. Lodged Proposed Order. (gk, )
Modified on 5/10/2007 (gk, ). (Entered: 05/10/2007) |
|
04/23/2007 |
65 |
DECLARATION of Elizabeth P. Lin in
Support of Memorandum in Opposition to Appointment of Lead Plaintiff and Lead
Counsel Over the New Century Preferred Stock Actions Alleging Section 11
Claims Pending in the Southern District of New York 28 filed by Jay Peter
Kaufman Revocable Trust. (gk, ) (Entered: 05/10/2007) |
|
04/23/2007 |
66 |
DECLARATION of Richard A. Speirs
in Support of Memorandum of Points and Authorities in Further Support of
Motion for Consolidation and for Appointment of Lead Plaintiffs, Lead Counsel
and Liaison Counsel 30 filed by Movant Charles Hooten. (gk, ) (Entered:
05/10/2007) |
|
04/23/2007 |
67 |
MEMORANDUM of Points and
Authorities in Further Support of His Motion Motion for Consolidation,
Appointment of Lead Plaintiffs and Appointment of Lead and Liaison Counsel 30
filed by Movant Charles Hooten. (gk, ) (Entered: 05/10/2007) |
|
04/23/2007 |
68 |
RESPONSE to the Competing Motions
for Consolidation, Appointment of Lead Plaintiff, and Approval of Lead
Counsel's Selection of Lead Counsel 17 filed by Movants Anima S.G.R.p.A and
Metzler Asset Management GmbH (collectively, the "New Century
Institutional Investor Group"). (gk, ) (Entered: 05/10/2007) |
|
04/24/2007 |
51 |
Notice of Withdrawal of Motion for
Appointment as Lead Plaintiff and for Approval of His Selection of Lead
Counsel 21 filed by Movant Stuart Wollman. (gk, ) (Entered: 04/30/2007) |
|
04/27/2007 |
MINUTES (IN CHAMBERS) by Judge
Dean D. Pregerson: At the request of counsel, the Motion of Stuart Wollman
for Appointment as Lead Plaintiff, for Approval of His Selection of Lead
Counsel and for Consolidation 21 , set for 5/7/2007
at 10:00 AM is hereby vacated. Court Reporter: None Present. (gk, ) (Entered:
04/30/2007) |
|
|
04/27/2007 |
MINUTES (IN CHAMBERS) by Judge
Dean D. Pregerson: At the request of counsel, the Motion of The Brown Group
for the Consolidation of All Related Cases, to be Appointed Lead Plaintiff,
and for Approval of Lead Plaintiff's Selection of Lead Counsel 44 , set for 5/7/2007 at 10:00 AM, is hereby vacated.
Court Reporter: None Present. (gk, ) (Entered: 04/30/2007) |
|
|
04/27/2007 |
69 |
NOTICE OF DOCUMENT DISCREPANCIES
AND ORDER by Judge Dean D. Pregerson, ORDERING Notice of Motion and Motion;
Memorandum; Declaration; Proposed Order submitted by Peoria Police Pension
Fund received on 4/1/2007 is not to be filed but instead rejected. Denial
based on: Timeliness of notice incorrect, Local Rule 6.1. (gk, ) (Entered:
05/10/2007) |
|
04/27/2007 |
|
PLACED IN FILE - NOT USED re
Proposed Order Consolidating All Related Case; Appointing Lead Plaintiff and
Approving Lead Plaintiff's Selection of Lead Counsel submitted by Movants
"The Brown Group" Joshua Brown, Nader Sidhom, Earl R. Kidd, Hoa
T.D. Howell, and Steven Gedy. (gk, ) (Entered: 05/10/2007) |
|
04/27/2007 |
|
PLACED IN FILE - NOT USED re
Proposed Order for Appointment of Stuart Wollman as Lead Plaintiff, for
Approval of His Selection of Counsel and for Consolidation submitted by
Movant Stuart Wollman. (gk, ) (Entered: 05/10/2007) |
|
04/27/2007 |
|
PLACED IN FILE - NOT USED re
Stipulation and Proposed Order Regarding Hearing Date and Briefing Schedule
for Motion for Preliminary Injunction. (gk, ) (Entered: 05/10/2007) |
|
04/27/2007 |
72 |
APPLICATION of Salvatore J.
Graziano for Leave to Appear Pro Hac Vice. FEE NOT PAID filed by plaintiff
New York State Teachers' Retirement System. Lodged Proposed Order. (ca ) FEE
PAID. Modified on 5/15/2007 (gk, ). (Entered:
05/11/2007) |
|
04/27/2007 |
73 |
APPLICATION of Max W. Berger for
Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by
plaintiff New York State Teachers' Retirement System. Lodged Proposed Order.
(ca ) FEE PAID. Modified on 5/15/2007 (gk, ).
(Entered: 05/11/2007) |
|
04/30/2007 |
89 |
REPLY to Oppositions to Its Motion
for Lead Plaintiff 17 filed by Movant New York State Teachers' Retirement
System. (gk, ) (Entered: 05/14/2007) |
|
04/30/2007 |
90 |
DECLARATION OF SERVICE filed by
Movant New York State Teachers' Retirement System of Reply to Oppositions to
Its Motion for Lead Plaintiff 89 , served on
4/30/2007. (gk, ) (Entered: 05/14/2007) |
|
04/30/2007 |
91 |
REPLY MEMORANDUM in Further
Support of Motion for Appointment as Lead Plaintiff on Behalf of the Series B
Preferred Stock Purchaser Class 24 filed by Movant Joe Verne. (gk, )
(Entered: 05/14/2007) |
|
04/30/2007 |
92 |
PROOF OF SERVICE filed by Movant
Joe Verne of Reply Memorandum in Further Support of Motion for Appointment as
Lead Plaintiff on Behalf of the Series B Preferred Stock Purchaser Class 91 , served on 4/30/2007. (gk, ) (Entered: 05/14/2007) |
|
04/30/2007 |
93 |
REPLY MEMORANDUM of Points and
Authorities in Further Support of Motion for Appointment as Lead Plaintiff
and Appointment of Counsel 34 filed by Movant Reinhard Barthel. (gk, )
(Entered: 05/14/2007) |
|
04/30/2007 |
94 |
DECLARATION of Meghan O. Spieker
in Support of Opposition to Motion for Preliminary Injunction 11 filed by
Defendants Robert K. Cole, Patti M. Dodge, Brad A. Morrice, and specially
appearing non-party Edward F. Gotschall. (gk, ) (Entered: 05/14/2007) |
|
04/30/2007 |
95 |
REQUEST FOR JUDICIAL NOTICE in
Support of Opposition to Motion for Preliminary Injunction 11 filed by
Defendants Robert K. Cole, Patti M. Dodge, Brad A. Morrice, and specially
appearing non-party Edward F. Gotschall. (gk, ) (Entered: 05/14/2007) |
|
04/30/2007 |
96 |
OPPOSITION to Motion for
Preliminary Injunction 11 filed by Defendants Robert K. Cole, Patti M. Dodge,
Brad A. Morrice, and specially appearing non-party Edward F. Gotschall. (gk,
) (Entered: 05/14/2007) |
|
04/30/2007 |
97 |
PROOF OF SERVICE filed by
Defendants Robert K. Cole, Patti M. Dodge, Brad A. Morrice, and specially
appearing non-party Edward F. Gotschall of Opposition to Motion for
Preliminary Injunction 96 , Declaration of Meghan O. Spieker 94 , Request for
Judicial Notice 95 , served on 4/30/2007. (gk, ) (Entered: 05/14/2007) |
|
04/30/2007 |
98 |
REPLY MEMORANDUM of Points and
Authorities in Further Support of the Motion to Oppose Consolidation of the
Actions or, in the Alternative, to be Appointed Lead Plaintiff for The Preferred
Share Purchasers Class and to Approve its Choice of Counsel 41 filed by
Movants "The Preferred Share Purchasers Group" Donald Johnson and
William Kornfeld, Jr. (gk, ) (Entered: 05/14/2007) |
|
04/30/2007 |
99 |
DECLARATION of Blake Muir Harper
in Support of Reply Memorandum of Points and Authorities in Further Support
of the Motion to Oppose Consolidation of the Actions or, in the Alternative,
to be Appointed Lead Plaintiff for The Preferred Share Purchasers Class and
to Approve its Choice of Counsel 41 filed by Movants "The Preferred
Share Purchasers Group" Donald Johnson and William Kornfeld, Jr. (gk, )
(Entered: 05/14/2007) |
|
04/30/2007 |
100 |
MEMORANDUM OF POINTS AND
AUTHORITIES IN REPLY filed by Movant Charles Hooten to Motions for
Consolidation, Appointment of Lead Plaintiff and Appointment of Lead Counsel
30 . (gk, ) (Entered: 05/14/2007) |
|
04/30/2007 |
103 |
MEMORANDUM in Further Support of
Its Motion for Apppointment as Lead Plaintiff of Section 11 Claims Asserted
on Behalf of Series A Preferred Stockholders filed by Movant Jay Peter
Kaufman Revocable Trust. (gk, ) (Entered: 05/15/2007) |
|
04/30/2007 |
104 |
MEMORANDUM in Further Support of
Its Motion for Apppointment as Lead Plaintiff of Section 11 Claims Asserted
on Behalf of Series B Preferred Stockholders filed by Movant Jay Peter
Kaufman Revocable Trust. (gk, ) (Entered: 05/15/2007) |
|
04/30/2007 |
105 |
DECLARATION of Elizabeth P. Lin in
Support of Memorandum of Points and Authorities in Further Support of Its
Motion for Appointment as Lead Plaintiff of Section 11 Claims Asserted on
Behalf of Series A 103 and Series B Preferred Stock Holders 104 filed by
Movant Jay Peter Kaufman Revocable Trust. (gk, ) (Entered: 05/15/2007) |
|
05/01/2007 |
60 |
APPLICATION of Non-Resident
Attorney Richard A. Speirs to appear on behalf of Movant Charles Hooten, and
designating local counsel James S. Cahill. FEE PAID. Lodged Proposed Order.
(gk, ) (Entered: 05/09/2007) |
|
05/01/2007 |
61 |
APPLICATION of Non-Resident
Attorney Kevin M. McGee to appear on behalf of Movant Charles Hooten, and
designating local counsel James S. Cahill. FEE PAID. Lodged Proposed Order.
(gk, ) (Entered: 05/09/2007) |
|
05/01/2007 |
|
FAX number for Attorney Richard A
Speirs is 212-371-5969. (gk, ) (Entered: 05/09/2007) |
|
05/01/2007 |
|
FAX number for Attorney Kevin M.
McGee is 561-544-2501. (gk, ) (Entered: 05/09/2007) |
|
05/01/2007 |
106 |
PROOF OF ADDITIONAL SERVICE filed
by Movant "The Preferred Share Purchasers Group" Donald Johnson and
William Kornfeld, Jr. of Reply Memorandum of Points and Authorities in
Further Support of the Motion to Oppose Consolidation of the Actions or, in
the Alternative, to be Appointed Lead Plaintiff for The Preferred Share
Purchasers Class and to Approve its Choice of Counsel 98 , and Declaration of
Blake Muir Harper in Support of Reply Memorandum of Points and Authorities in
Further Support of the Motion to Oppose Consolidation of the Actions or, in
the Alternative, to be Appointed Lead Plaintiff for The Preferred Share
Purchasers Class and to Approve its Choice of Counsel 99 , served on
4/30/2007. (gk, ) (Entered: 05/15/2007) |
|
05/02/2007 |
MINUTES (IN CHAMBERS) by Judge
Dean D. Pregerson: On the Court's own motion, all pending motions 6 , 11 , 17
, 24 , 28 , 31 , 34 , 37 , 41 , are hereby taken off calendar, the hearing
date vacated and will be decided without oral argument. Court Reporter: None
Present. (gk, ) (Entered: 05/03/2007) |
|
|
05/02/2007 |
|
***Terminated/taken off calendar
hearing date re 6 , 11 , 17 , 24 , 28 , 31 , 34 , 37 , 41 . (gk, ) (Entered:
05/03/2007) |
|
05/04/2007 |
101 |
Notice of Withdrawal of Motion to
Consolidate Related Cases, Appoint Lead Plaintiff and Lead Counsel 37 filed
by Movant Port Authority of Allegheny County Retirement and Disability
Allowance Plan for Employees Represented by Local 85 of the Amalgamated
Transit Union and Maine State Retirement System. (gk, ) (Entered: 05/14/2007) |
|
05/04/2007 |
107 |
PROOF OF SERVICE filed by Movants
The Preferred Share Purchasers Group" Donald Johnson and William
Kornfeld, Jr. of Notice of Motion and Motion to Oppose Consolidation of the
Actions or, in the Alternative, to be Appointed Lead Plaintiff for The
Preferred Share Purchasers Class and to Approve its Choice of Counsel 41 ,
Memorandum of Points and Authorities in Support of Motion 42 , Declaration of
Dennis Stewart in Support of Motion 43 , Proposed Order, Reply Memorandum of
Points and Authorities in Further Support of the Motion to Oppose
Consolidation of the Actions or, in the Alternative, to be Appointed Lead
Plaintiff for The Preferred Share Purchasers Class and to Approve its Choice
of Counsel 98 , and Declaration of Blake Muir Harper in Support of Reply
Memorandum of Points and Authorities in Further Support of the Motion to
Oppose Consolidation of the Actions or, in the Alternative, to be Appointed
Lead Plaintiff for The Preferred Share Purchasers Class and to Approve its
Choice of Counsel 99 , served on 5/2/2007. (gk, ) (Entered: 05/15/2007) |
|
05/07/2007 |
74 |
APPLICATION of Non-Resident
Attorney Peter G. A. Safirstein to appear on behalf of Jay Peter Kaufman
Revocable Trust, and designating local counsel Jeff S. Westerman. FEE PAID.
Lodged Proposed Order. (gk, ) (Entered: 05/11/2007) |
|
05/07/2007 |
|
FAX number for Attorney Peter G A
Safirstein is 212-868-1229. (gk, ) (Entered: 05/11/2007) |
|
05/07/2007 |
108 |
NOTICE of Withdrawing Motion for
Appointment as Lead Plaintiff filed by Peoria Police Pension Fund. (gk, )
(Entered: 05/15/2007) |
|
05/08/2007 |
75 |
WAIVER OF SERVICE Returned
Executed filed by Movant Donald Johnson upon Marilyn Alexander waiver sent
Movant on 3/30/2007, answer due 5/29/2007. Waiver of Service signed by
Heather Meservy, Esq., authorized to accept service, for Marilyn Alexander on
5/4/2007. [This document relates to SACV 07-304 AG (RNBx)] (gk, ) Modified on
5/13/2007 (gk, ). (Entered: 05/13/2007) |
|
05/08/2007 |
76 |
WAIVER OF SERVICE OF SUMMONS
Returned Executed filed by Movant Donald Johnson upon Defendant Brad A.
Morrice waiver sent by Movant on 3/30/2007, answer due 5/29/2007. Waiver of
Service signed by Heather Meservy, Esq., attorney for Brad Morrice on
5/4/2007. [This document relates to SACV 07-304 DDP (JTLx)] (gk, ) (Entered:
05/13/2007) |
|
05/08/2007 |
77 |
WAIVER OF SERVICE OF SUMMONS
Returned Executed filed by Movant Donald Johnson upon Edward F. Gotschall
waiver sent by Movant on 3/30/2007, ansewr due 5/29/2007. Waiver of Service
signed by Heather Meservy, Esq., attorney for Edward Gotschall on 5/4/2007.
[This document relates to SACV 07-304 DDP (JTLx)] (gk, ) (Entered:
05/13/2007) |
|
05/08/2007 |
78 |
WAIVER OF SERVICE OF SUMMONS
Returned Executed filed by Movant Donald Johnson upon Defendant Patti M.
Dodge waiver sent by Movant on 3/30/2007, answer due 5/29/2007. Waiver of
Service signed by Heather Meservy, Esq., attorney for Patti Dodge on
5/4/2007. [This document relates to SACV 07-304 DDP (JTLx)] (gk, ) (Entered:
05/13/2007) |
|
05/08/2007 |
79 |
WAIVER OF SERVICE OF SUMMONS
Returned Executed filed by Movant Donald Johnson upon Defendant Robert K.
Cole waiver sent by Movant on 3/3/2007, answer due 5/2/2007. Waiver of
Service signed by Heather Meservy, Esq., attorney for Robert K. Cole, on
5/4/2007. [This document relates to SACV 07-304 DDP (JTLx)] (gk, ) (Entered:
05/13/2007) |
|
05/08/2007 |
80 |
WAIVER OF SERVICE OF SUMMONS
Returned Executed filed by Movant Donald Johnson upon Donald E. Lange waiver
sent by Movant on 3/30/2007, answer due 5/29/2007. Waiver of Service signed
by Heather Meservy, Esq., authorized to accept service for Donald E. Lange,
on 5/4/2007. [This document relates to SACV 07-304 DDP (JTLx)] (gk, ) (Entered:
05/13/2007) |
|
05/08/2007 |
81 |
WAIVER OF SERVICE OF SUMMONS
Returned Executed filed by Movant Donald Johnson upon Michael M. Sachs waiver
sent by Movant on 3/30/2007, answer due 5/29/2007. Waiver of Service signed
by Heather Meservy, Esq., authorized to accept service, for Michael M. Sachs
on 5/4/2007. [This document relates to SACV 07-304 DDP (JTLx)] (gk, )
(Entered: 05/13/2007) |
|
05/08/2007 |
82 |
WAIVER OF SERVICE OF SUMMONS
Returned Executed filed by Movant Donald Johnson upon Richard A. Zona waiver
sent by Movant on 3/30/2007, answer due 5/29/2007. Waiver of Service signed
by Heather Meservy, Esq., authorized to accept service, for Richard A. Zona
on 5/4/2007. [This document relates to SACV 07-304 DDP (JTLx)] (gk, ) (Entered:
05/13/2007) |
|
05/08/2007 |
83 |
WAIVER OF SERVICE OF SUMMONS
Returned Executed filed by Movant Donald Johnson upon Frederic J. Forster
wiaver sent by Movant on 3/30/2007, answer due 5/29/2007. Waiver of Service
signed by Heather Meservy, Esq., authorized to accept service, for Frederic
J. Forster on 5/4/2007. [This document relates to SACV 07-304 DDP (JTLx)]
(gk, ) (Entered: 05/13/2007) |
|
05/08/2007 |
84 |
PROOF OF SERVICE Executed by
Movant Donald Johnson upon New Century Financial Corporation served on
3/27/2007, answer due 4/16/2007. The Summons and Complaint were served by
personal service, by Federal statute, upon CT Corp., Maria Sanchez,
authorized agent for service. Due Dilligence declaration not attached.
Original Summons returned. [This document relates to SACV 07-304 DDP (JTLx)]
(gk, ) (Entered: 05/13/2007) |
|
05/08/2007 |
85 |
PROOF OF SERVICE Executed by
Movant Donald Johnson upon Fredric J. Forster served on 3/27/2007, answer due
4/16/2007. The Summons and Complaint were served by substituted service, by
Federal statute, upon Mrs. Forster, wife/co-occupant, and by first class mail
on 3/30/2007. Due Dilligence declaration not attached. Original Summons not
returned. [This document relates to SACV 07-304 DDP (JTLx)] (gk, ) (Entered:
05/13/2007) |
|
05/08/2007 |
86 |
PROOF OF SERVICE Executed by
Movant Donald Johnson upon Harold A. Black served on 3/27/2007, answer due
4/16/2007. The Summons and Complaint were served by personal service, by
Federal statute, upon Harold A. Black. Due Dilligence declaration not
attached. Original Summons not returned. [This document relates to SACV
07-304 DDP (JTLx)] (gk, ) (Entered: 05/13/2007) |
|
05/08/2007 |
87 |
PROOF OF SERVICE Executed by
Movant Donald Johnson upon David Einhorn served on 3/27/2007, ansewr due
4/16/2007. The Summons and Complaint were served by substituted service, by
Federal statute, upon Mrs. Einhorn, wife/co-occupant, and by first class mail
on 3/29/2007. Due Dilligence declaration not attached. Original Summons not returned.
[This document relates to SACV 07-304 DDP (JTLx)] (gk, ) (Entered:
05/13/2007) |
|
05/08/2007 |
88 |
PROOF OF SERVICE Executed by
Movant Donald Johnson upon William J. Popejoy served on 3/27/2007, answer due
4/16/2007. The Summons and Complaint were served by personal service, by
Federal statute, upon William J. Popejoy. Due Dilligence declaration not
attached. Original Summons not returned. (gk, ) (Entered: 05/13/2007) |
|
05/08/2007 |
102 |
NOTICE of Change of Address by
Blake M Harper, Jennifer A Kagan, Dennis Stewart attorney for Movant Donald
Johnson, changing address to Kahn Gauthier Swick LLP, 12 East 41st Street,
12th Floor, New York NY 10017. Filed by plaintiff Donald Johnson, William
Kornfeld, the Preferred Share Purchasers Group (ak, )
Modified on 5/15/2007 (ak, ). (Entered: 05/15/2007) |
|
05/08/2007 |
109 |
ORDER by Judge Dean D. Pregerson
granting Application of Non-Resident Salvatore J. Graziano to appear on
behalf of Movant New York State Teachers' Retirement System 72 , and
designating local counsel Blair A. Nicholas.(gk, ) (Entered: 05/15/2007) |
|
05/09/2007 |
70 |
ORDER by Judge Dean D. Pregerson
granting Application of Non-Resident Kevin M. McGee to appear on behalf of
Movant Charles Hooten 61 , and designating local
counsel James S. Cahill. (gk, ) (Entered: 05/10/2007) |
|
05/09/2007 |
71 |
ORDER by Judge Dean D. Pregerson
granting Application of Non-Resident Attorney Richard A. Speirs to appear on
behalf of Movant Charles Hooten 60 , and designating local counsel James S.
Cahill.(gk, ) (Entered: 05/10/2007) |
|
05/09/2007 |
110 |
ORDER by Judge Dean D. Pregerson
granting Application of Non-Resident Attorney Max W. Berger to appear on
behalf of Movant New York State Teachers' Retirement System 73 , and
designating local counsel Blair A. Nicholas.(gk, ) (Entered: 05/15/2007) |
|
05/09/2007 |
114 |
PROOF OF SERVICE filed by Movant
Joe Verne of Corrected Class Action Complaint for Violation of the Federal
Securities Laws, served on 5/9/2007. (gk, ) (Entered: 05/23/2007) |
|
05/14/2007 |
111 |
ORDER by Judge Dean D. Pregerson
granting Application of Non-Resident Attorney Peter G. A. Safirstein to
appear on behalf of Plaintiff 74 , and designating local counsel Jeff S.
Westerman.(gk, ) (Entered: 05/16/2007) |
|
05/14/2007 |
113 |
NOTICE of Orders Re Transfer of
New York Cases to Central District of California filed by Movant Jay Peter
Kaufman Revocable Trust. (gk, ) (Entered: 05/23/2007) |
|
05/16/2007 |
115 |
Notice of Withdrawal of Motion to:
(1) Consolidate the Related Cases; (2) Appoint the Eden-Zoghby Group as Lead
Plaintiff; and (3) Approve Lead Plaintiff Movant's Choice of Co-Lead Counsel
6 filed by Movant The Eden-Zoghby Group. (gk, ) (Entered: 05/23/2007) |
|
05/18/2007 |
116 |
SUPPLEMENTAL MEMORANDUM of Law in
Further Support of Motion for Appointment as Lead Plaintiff 17 filed by
Movant New York State Teachers' Retirement System. (gk, ) (Entered:
05/23/2007) |
|
05/18/2007 |
117 |
DECLARATION OF SERVICE filed by
Movant New York State Teachers' Retirement System of Notice of Motion and
Motion for Leave to File Supplemental Memorandum of Law in Further Support of
Its Motion for Lead Plaintiff 116 , served on 5/15/2007. (gk, ) (Entered:
05/23/2007) |
|
05/22/2007 |
MINUTES (IN CHAMBERS) by Judge
Dean D. Pregerson: On the Court's own motion, Resetting Hearings as to Motion
for Consolidation, for Appointment as Lead Plaintiff on Behalf of the Series
B Preferred Stock Purchaser Class Under Section 21D(a)(3)(B) of the
Securities Exchange Act of 1934 and for Approval of Lead Plaintiff's
Selection of Lead Counsel and Liaison Counsel filed by Movant Joe Verne 24 ;
Motion for Appointment of Lead Plaintiff, Lead Counsel and Liaison Counesl by
Charles Hoote 30 ; Motion to Oppose Consolidation of the Actions or, in the
Alternative, to be Appointed Lead Plaintiff for The Preferred Share
Purchasers Class and to Approve its Choice of Counsel filed by Movants
"The Preferred Share Purchasers Group" Donald Johnson and William
Kornfeld, Jr. 41 ; Motion to Consolidate, for Appointment as Lead Plaintiff
and for Approval of Lead Counsel and Liaison Counsel filed by Movant Reinhard
Brathel 34 ; Motion for Appointment as Lead Plaintiff of Section 11 Claims
Asserted on Behald of Series A Preferred Stockholders filed by Movant Jay
Peter Kaufman Revocable Trust; and Motion for Appointment as Lead Plaintiff,
Approval of Its Selection of Counsel as Lead Counsel and Consolidation of All
Related Cases filed by Movant New York State Teachers' Retirement System 17 ;
Motion hearings re-set to 6/18/2007 at 10:00 AM before Judge Dean D.
Pregerson.Court Reporter: None Present. (gk, ) (Entered: 05/23/2007) |
|
|
05/22/2007 |
MINUTES (IN CHAMBERS) by Judge
Dean D. Pregerson: On the Court's own motion the following motions are hereby
vacated: Motion for Consolidation, Appointment as Lead Plaintiff and Approval
of Lead Plaintiff's Selection of Co-Lead Counsel filed by Movants the
"Pension Trust Group" Laborers Pension Trust Fund for Northern
California, Jack Roth and Paul R. Aronson 31 ; Motion to: (1) Consolidate the
Related Cases; (2) Appoint the Eden-Zoghby Group as Lead Plaintiff; and (3) Approve
Lead Plaintiff Movant's Choice of Co-Lead Counsel filed by Lead Plaintiff
Movant The Eden-Zoghby Group 6 , Motion to Consolidate Actions, Appoint the
New Century Institutional Ivestor Group as Lead Plaintiff Pursuant to Section
21D(a)(3)(B) of the Securities Exchange Act of 1934 and to Approve Lead
Plaintiff's Choice of Counsel filed by Movants Anima S.G.R.p.A and Metzler
Asset Management GmbH (collectively, the "New Century Institutional
Investor Group") 28 , Motion to Consolidate Related Cases, Appoint Lead
Plaintiff and Lead Counsel filed by Movants Port Authority of Allegheny
County Retirement and Disability Allowance Plan for Employees Represented by
Local 85 of the Amalgamated Transit Union and Maine State Retirement System
37 . Court Reporter: None Present. (gk, ) (Entered: 05/23/2007) |
|
|
05/25/2007 |
120 |
NOTICE of Related Case(s) filed by
Movant Jay Peter Kaufman Revocable Trust. Related Case(s): SACV 07-585 JVS,
SACV 07-590 CJC (rn, ) (Entered: 05/31/2007) |
|
05/29/2007 |
MINUTES (IN CHAMBERS) by Judge
Dean D. Pregerson: On the Court's own motion, the Motion for Preliminary
Injunction filed by Movant New York State Teachers' Retirement System 11 is
reset, Motion hearing reset on 6/18/2007 at 10:00 AM before Judge Dean D.
Pregerson. Court Reporter: None Present. (gk, ) (Entered: 05/29/2007) |
|
|
05/29/2007 |
128 |
REPLY MEMORANDUM in Further
Support of Motion for Preliminary Injunction 11 filed by Movant New York
State Teachers' Retirement System. (gk) (Entered: 06/12/2007) |
|
05/29/2007 |
129 |
SUPPLEMENTAL DECLARATION of Blair
A. Nicholas in Support of Reply Memorandum in Further Support of Motion for
Preliminary Injunction 11 filed by Movant New York State Teachers' Retirement
System. (gk) (Entered: 06/12/2007) |
|
05/29/2007 |
130 |
PROOF OF SERVICE filed by Movant
New York State Teachers' Retirement System of Reply Memorandum in Further
Support of Motion for Preliminary Injunction 128 ,
Supplemental Declaration of Blair A. Nicholas 129 , served on 5/29/2007. (gk)
(Entered: 06/12/2007) |
|
05/30/2007 |
121 |
APPLICATION of Non-Resident
Attorney Patrick V. Dahlstrom to appear on behalf of Movant Reinhard Barthel,
and designating local counsel Steven N. Williams. FEE PAID. Lodged Proposed
Order. (gk) (Entered: 06/04/2007) |
|
05/30/2007 |
134 |
MEMORANDUM in Response to New York
State Teachers' Retirement System's "Proposed" Surreply and the
"Preferred Shares Purchasers Group's" Filed but Unserved Reply
Memorandum, and in Further Support of the Kaufman Trust's Motion for
Appointment as Lead Plaintiff of Section 11 Claims Asserted on behalf of New
century Series A and B Preferred Stockholders 103 ,
104 filed by Movant Jay Peter Kaufman Revocable Trust. (gk) (Entered:
06/13/2007) |
|
05/30/2007 |
135 |
PROOF OF SERVICE filed by Movant
Reinhard Barthel of Application of Non-Resident Attorney to Appear in a
Specific Case 121 and Proposed Order, served on 5/29/2007. (gk) (Entered:
06/13/2007) |
|
06/01/2007 |
122 |
ORDER by Judge Dean D. Pregerson
granting Application of Non-Resident Attorney Patrick V. Dahlstrom to appear
on behalf of Movant Reinhard Barthel 121 , and
designating local counsel Steven N. Williams. (gk) (Entered: 06/05/2007) |
|
06/04/2007 |
123 |
NOTICE OF MOTION AND MOTION to
Oppose Consolidation of the Actions and, in the Alternative, to be Appointed
Lead Plaintiff for the Preferred Share Purchasers Class and to Approve its
Choice of Counsel filed by Movants "The Preferred Share Purchasers Group
Pursuant to 4/5/2007 PSLRA Notice" Donald Johnson and William Kornfeld,
Jr. Motion set for hearing on 7/9/2007 at 10:00 AM before Judge Dean D.
Pregerson. Lodged Proposed Order. (gk) (Entered: 06/06/2007) |
|
06/04/2007 |
|
FAX number for Attorney Kim E
Miller, Michael A Swick is 504-455-1498. (gk) (Entered: 06/06/2007) |
|
06/04/2007 |
|
FAX number for Attorney Lewis Kahn
is 504-455-1498. (gk) (Entered: 06/06/2007) |
|
06/04/2007 |
124 |
MEMORANDUM of Points and
Authorities in Support of Motion to Oppose Consolidation of the Actions and,
in the Alternative, to be Appointed Lead Plaintiff for the Preferred Share
Purchasers Class and to Approve its Choice of Counsel 123 filed by Movants
"The Preferred Share Purcha sers Group Pursuant to 4/5/2007 PSLRA
Notice" Donald Johnson and William Kornfeld, Jr. (gk) (Entered:
06/06/2007) |
|
06/04/2007 |
125 |
DECLARATION of Blake Muir Harper
in Support of Motion to Oppose Consolidation of the Actions and, in the
Alternative, to be Appointed Lead Plaintiff for the Preferred Share Purchasers
Class and to Approve its Choice of Counsel 123 filed by Movants "The
Preferred Share Purchasers Group Pursuant to 4/5/2007 PSLRA Notice"
Donald Johnson and William Kornfeld, Jr. (gk) (Entered: 06/06/2007) |
|
06/06/2007 |
MINUTES (IN CHAMBERS) by Judge
Dean D. Pregerson: On the Court's own motion, the Motion of The Preferred
Share Purchasers Group Pursuant to 4/5/2007 PSLRA Notice to Oppose
Consolidation of the Actions and, in the Alternative, to be Appointed Lead
Plaintiff for the Preferred Share Purchasers Class and to Approve its Choice
of Counsel 123 is hereby reset, Motion reset for hearing on 6/18/2007 at
10:00 AM before Judge Dean D. Pregerson. Any Opposition due by 6/13/2007 with
a conformed courtesy copy delivered to chambers. Court Reporter: None
Present. (gk) (Entered: 06/06/2007) |
|
|
06/06/2007 |
127 |
APPLICATION of Non-Resident
Attorney Michael A. Swick to appear on behalf of Movants "The Preferred
Share Purchasers Group" Donald Johnson and William Kornfeld, Jr. Donald
Johnson, William Kornfeld, Jr., and designating local counsel Jennifer A.
Kagan. FEE PAID. Lodged Proposed Order. (gk) (Entered: 06/11/2007) |
|
06/07/2007 |
146 |
NOTICE of Change of hearing date
filed by Movant The Preferred Share Purchasers Group (ir) (Entered:
06/28/2007) |
|
06/11/2007 |
132 |
MOTION for Leave to File
Memorandum of Points and Authorities in Reply to Jay Peter Kaufman Revocable
Trust Response (Sur-Reply) Memorandum dated 5/30/2007 filed by "The
Preferred Share Purchasers Group" Donald Johnson and William Kornfeld,
Jr. Motion set for hearing on 6/18/2007 at 10:00 AM before Judge Dean D.
Pregerson. (gk) (Entered: 06/13/2007) |
|
06/12/2007 |
150 |
MEMORANDUM in response to the
Preferred Share Purchases Group Motion 123 filed by Movant Jay Peter Kaufman
Revocable Trust. (ir) (Entered: 06/29/2007) |
|
06/13/2007 |
NOTICE OF DOCUMENT DISCREPANCIES
AND ORDER by Judge Dean D. Pregerson, ORDERING Motion for Leave to File
Memorandum submitted by Movants "The Preferred Share Purchasers
Group" Donald Johnson and William Kornfeld, Jr. received on 6/11/2007 to
be filed and processed; filed date to be the date the document was stamped
Received but not Filed with the Clerk.(gk) (Entered: 06/13/2007) |
|
|
06/13/2007 |
MINUTES (IN CHAMBERS) by Judge
Dean D. Pregerson: On the Court's own motion, The Preferred Share Purchasers
Group's Motion for Leave to File Memorandum of Points and Authorities in
Reply to Jay Peter Kaufman Revocable Trust Response Memorandum dated
5/30/2007 132 , set for 6/18/2007 at 10:00 AM, is
hereby granted. Court Reporter: None Present. (gk) (Entered: 06/13/2007) |
|
|
06/13/2007 |
136 |
MEMORANDUM of Points and
Authorities in Reply to Jay Peter Kaufman Revocable Trust Response
(Sur-Reply) Memorandum Dated 5/30/2007 103 filed by "The Preferred Share
Purchasers Group" Donald Johnson and William Kornfeld, Jr. (gk)
(Entered: 06/13/2007) |
|
06/13/2007 |
139 |
RESPONSE to the preferred share
purchaser Group's motion to oppose consolidation. filed by Movant Joe Verne
(yc) (Entered: 06/26/2007) |
|
06/13/2007 |
156 |
MEMORANDUM OF POINTS AND
AUTHORITIES IN RESPONSE to motion of The Preferred Share Purchasers Group in
Opposition to Consolidation, to be appointed lead plaintiff, and appointment
of lead counsel 41 filed by Movant Charles Hooten. (et) (Entered: 06/30/2007) |
|
06/13/2007 |
157 |
MEMORANDUM OF POINTS AND
AUTHORITIES in Opposition MOTION to Oppose Consolidation of the Actions and,
in the Alternative, to be Appointed Lead Plaintiff for the Preferred Share
Purchasers Class and to Approve its Choice of Counsel filed by Movants
"The Preferred Share Purcha sers Group Pursuant to 4/5/2007 PSLRA
Notice" Donald Johnson and William Kornfeld, Jr. 123 filed by Movants
Donald Johnson, William Kornfeld, Jr. (et) (Entered: 06/30/2007) |
|
06/13/2007 |
158 |
DECLARATION of JENNIFER A. KAGAN
in support of opposition to MOTION for Order for to Oppose Consolidation of
the Actions and, in the Alternative, to be Appointed Lead Plaintiff for the
Preferred Share Purchasers Class and to Approve its Choice of Counsel 123
filed by Movants Donald Johnson, William Kornfeld, Jr. (et) (Entered:
06/30/2007) |
|
06/14/2007 |
137 |
NOTICE of Association of Counsel
associating attorney John W Spiegel of Munger Tolles and Olson on behalf of
Defendants Patti M Dodge, Brad A Morrice, Robert K Cole. Filed by defendants
Robert Cole, Patti M Dodge, Brad A Morrice and non-party Edward Gotschall
(bb) Modified on 6/20/2007 (bb, ). (Entered:
06/20/2007) |
|
06/14/2007 |
138 |
APPLICATION of Non-Resident
Attorney Hannah E. Greenwald to appear on behalf of Movant New York State
Teachers' Retirement System, and designating local counsel Blair A. Nicholas.
FEE PAID. Lodged Proposed Order. (gk) (Entered: 06/20/2007) |
|
06/14/2007 |
|
FAX number for Attorney Hannah E
Greenwald is 212-554-1444. (gk) (Entered: 06/20/2007) |
|
06/14/2007 |
140 |
NOTICE of Appearance of Counsel
filed by attorney John W Spiegel on behalf of Defendants Patti M Dodge, Brad
A Morrice, Robert K Cole and non-party Edward Gotschall. (ca) (Entered:
06/26/2007) |
|
06/14/2007 |
141 |
APPLICATION of David C. Cimo for
Leave to Appear Pro Hac Vice. FEE PAID. filed by
"The Preferred Share Purchasers Group" Donald Johnson and William
Kornfeld, Jr. Lodged Proposed Order. (ca) (Entered: 06/26/2007) |
|
06/14/2007 |
142 |
APPLICATION of Jonathan E. Perlman
for Leave to Appear Pro Hac Vice. FEE PAID. filed by
"The Preferred Share Purchasers Group" Donald Johnson and William
Kornfeld, Jr. Lodged Proposed Order. (ca) (Entered: 06/26/2007) |
|
06/14/2007 |
|
FAX number for Attorney David C
Cimo is 305-349-2310. (gk) (Entered: 06/26/2007) |
|
06/14/2007 |
|
FAX number for Attorney Jonathan E
Perlman is 305-349-2310. (gk) (Entered: 06/26/2007) |
|
06/14/2007 |
151 |
NOTICE OF MOTION AND MOTION for
Leave to File Response to The Dual filings of the preferred share purchasers
group dated June 11 and 13, 2007 filed by plaintiff Jay Peter Kaufman
Revocable Trust.Motion set for hearing on 7/9/2007 at 10:00 AM before Judge
Dean D. Pregerson. (jp) (Entered: 06/30/2007) |
|
06/14/2007 |
152 |
MEMORANDUM in Support of MOTION to
File Response to The Dual filings of the preferred share purchasers group
dated June 11 and 13, 2007 151 filed by Movant Jay Peter Kaufman Revocable
Trust. (jp) (Entered: 06/30/2007) |
|
06/14/2007 |
153 |
EX PARTE APPLICATION for an Order
(1) Continuing Hearing Motion for Preliminary Injunction 11
; and (2) Allowing Filing of Supplemental Briefing by defendants filed
by defendants Patti M Dodge, Brad A Morrice, Robert K Cole. Lodged Proposed
Order. (jp) (Entered: 06/30/2007) |
|
06/14/2007 |
154 |
OBJECTIONS to Evidence Submitted
in support of MOTION for Preliminary Injunction 11 filed by Defendants Patti
M Dodge, Robert K Cole, Brad A Morrice, Edward Gotschall. (jp) (Entered:
06/30/2007) |
|
06/14/2007 |
155 |
ORDER by Judge Dean D. Pregerson
GRANTING DEFENDANTS EX PARTE APPLICATION to (1) Continue the Hearing Motion
for Preliminary Injunction 11 ; and (2) Allowing
Filing of Supplemental Briefing by defendants 153 . (jp) (Entered:
06/30/2007) |
|
06/15/2007 |
|
FAX number for Attorney Kent A
Bronson is 212-868-1229. (gk) (Entered: 06/19/2007) |
|
06/15/2007 |
|
FAX number for Attorney Elizabeth
P Lin is 213-617-1975. (gk) (Entered: 06/19/2007) |
|
06/15/2007 |
159 |
APPLICATION of Kent A. Bronson,
Esq. for Leave to Appear Pro Hac Vice. FEE PAID. Filed by plaintiff Jay Peter
Kaufman Revocable Trust. Lodged Proposed Order. (ca) (Entered: 07/03/2007) |
|
06/18/2007 |
161 |
MINUTES OF Motion Hearing held
before Judge Dean D. Pregerson: Court hears oral argument and takes the
following matters under submission: Motion for Consolidation, for Appointment
as Lead Plaintiff on Behalf of the Series B Preferred Stock Purchaser Class
Under Section 21D(A)(3)(B) of the Securities Exchange Act of 1934 and for Approval
of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel filed by
Movant Joe Verne 24 ; Motion for Appointment of Lead Plaintiff, Lead Counsel
and Liaison Counsel by Charles Hoote 30 ; Motion to Oppose Consolidation of
the Actions or, in the Alternative, to be Appointed Lead Plaintiff for The
Preferred Share Purchasers Class and to Approve its Choice of Counsel filed
by Movants "The Preferred Share Purchasers Group" Donald Johnson
and William Kornfeld, Jr. 41 ; Motion to Consolidate, for Appointment as Lead
Plaintiff and for Approval of Lead Counsel and Liaison Counsel filed by
Movant Reinhard Barthel 34 ; Motion for Appointment as Lead Plaintiff of
Section 11 Claims Asserted on Behalf of Series A Preferred Stockholders filed
by Movant Jay Peter Kaufman Revocable Trust; Motion for Appointment as Lead
Plaintiff, Approval of Its Selection of Counsel as Lead Counsel, and
Consolidation of All Related Cases filed by Movant New York State Teachers'
Retirement System 17 ; Motion of the Preferred Share Purchasers Group
Pursuant to 4/5/2007 PSLRA Notice to Oppose Consolidation of the Actions and,
in the Alternative, to be Appointed as Lead Plaintiff for the Preferred Share
Purchasers Class and to Approve its Choice of Counsel 123 . Court Reporter:
Maria Bustillos. (gk) (Entered: 07/03/2007) |
|
06/20/2007 |
143 |
APPLICATION AND ORDER of
Non-Resident Attorney to Appear in a Specific Case by Michael A. Swick as
counsel for "The Preferred Share Purchasers Group" Donald Johnson
and William Kornfeld, Jr. designating Jennifer A. Kagan as local counsel. Fee
paid. Approved by Judge Dean D. Pregerson.(ca) (Entered: 06/26/2007) |
|
06/21/2007 |
163 |
NOTICE of Appearance of Non-Party
Parties filed by Bear Stearns & Co Inc, Deutsche Bank Securities Inc,
Jefferies & Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc,
Piper Jaffray & Co, Roth Capital Partners LLC and Stifel, Nicolaus &
Company Inc. (ad) (Entered: 07/09/2007) |
|
06/21/2007 |
167 |
REQUEST FOR JUDICIAL NOTICE filed
by movant The Preferred Share Purchasers Group. (ad) (Entered: 07/10/2007) |
|
06/21/2007 |
168 |
DECLARATION of Jennifer A Kagan in
support of Request for Judicial Notice 167 filed by Movant The Preferred
Share Purchasers Group. (ad) (Entered: 07/10/2007) |
|
06/22/2007 |
147 |
ORDER by Judge Dean D. Pregerson
granting Application of Non-Resident Attorney Jonathan E. Perlman to appear
on behalf of Movant "The Preferred Share Purchasers Group" 142 ,
and designating local counsel Jennifer A. Kagan.(gk) (Entered: 06/28/2007) |
|
06/22/2007 |
148 |
ORDER by Judge Dean D. Pregerson
granting Application of Non-Resident Attorney David C. Cimo to appear on
behalf of Movant "The Preferred Share Purchasers Group" 141 , and designating local counsel Jennifer A. Kagan.
(gk) (Entered: 06/28/2007) |
|
06/22/2007 |
149 |
ORDER by Judge Dean D. Pregerson
granting Application of Non-Resident Attorney Hannah E. Greenwald to appear
on behalf of Lead Plaintiff New York State Teachers Retirement System 138 , and designating local counsel Blair A. Nicholas.
(gk) (Entered: 06/28/2007) |
|
06/25/2007 |
MINUTES (IN CHAMBERS) by Judge
Dean D. Pregerson: On the Court's own motion, Movant New York State Teachers'
Retirement System's Motion for Preliminary Injunction 11 is continued; Motion
hearing continued to 7/23/2007 at 10:00 AM before Judge Dean D. Pregerson.
Court Reporter: None Present. (gk) (Entered: 06/26/2007) |
|
|
06/25/2007 |
160 |
ORDER by Judge Dean D. Pregerson
granting Application of Non-Resident Attorney Kent A Bronson to appear on
behalf of Movant The Jay Peter Kaufman Revocable Trust 159 , and designating
local counsel Elizabeth Lin.(gk) (Entered: 07/03/2007) |
|
06/25/2007 |
169 |
RESPONSE to OBJECTIONS to Evidence
Submitted in support of Motion for Preliminary Injunction 154 , filed by
Consol Plaintiff New York State Teachers' Retirement Systemto. (yca)
(Entered: 07/10/2007) |
|
06/25/2007 |
170 |
PROOF OF SERVICE of RESPONSE to
Objections 169 served on 06/25/07, filed by Consol Plaintiff New York State
Teachers' Retirement System. (yca) (Entered: 07/10/2007) |
|
06/25/2007 |
171 |
SUPPLEMENTAL MEMORANDUM in
Opposition to MOTION for Preliminary Injunction 11 , filed by Defendants
Patti M Dodge, Brad A Morrice, Robert K Cole, Consol Defendant Edward F
Gotschall. (yca) (Entered: 07/10/2007) |
|
06/26/2007 |
145 |
ORDER GRANTING IN PART AND DENYING
IN PART VARIOUS PLAINTIFFS' MOTIONS REGARDING CONSOLIDATION, LEAD PLAINTIFF
STATUS, AND LEAD COUNSEL STATUS by Judge Dean D.
Pregerson: This matter is before the Court on Plaintiffs' motions regarding
consolidation, appointment of lead plaintiff, and appointment of lead
counsel. The Motions the Court has reviewed and addressed in this tentative
ruling are those filed by NYS Teachers 17 , Joe
Verne 24 , Charles Hooten 30 , Reinhardt Barthel 34 , "Preferred Share
Purchasers Group" 41 , 123 , and Jay Peter Kaufman Revocable Trust 113 .
After reviewing the papers submitted by the parties, the Court consolidates
the actions, appoints the New York State Teachers Retirement System
("NYS Teachers") as lead plaintiff, and appoints its counsel the
law firm Bernstein Litowitz as lead counsel. All other pending lead plaintiff/lead
counsel motions will be denied. To the extent that the motions requested
consolidation, they are granted. Unless the parties otherwise agree, NYS
Teachers shall file an amended consolidated complaint within 30 days from the
date of entry of this order. Defendants shall file a responsive pleading
within 30 days from the date the amended consolidated complaint is filed.
(gk) (Entered: 06/27/2007) |
|
07/03/2007 |
164 |
REQUEST for Approval of
Substitution of Attorney John W. Spiegel, Munger Tolles & Olson LLP for
Specially Appearing Non-Party Edward F. Gotschall in place of attorney Philip
Tencer, Cooley Godward Kronish LLP. (gk) (Entered:
07/09/2007) |
|
07/03/2007 |
165 |
REQUEST for Approval of
Substitution of Attorney John W. Spiegel, Munger Tolles & Olson LLP for
Non-Party Stergios Theologides in place of attorney Philip Tencer, Cooley Godward Kronish LLP. Lodged Proposed Order. (gk)
(Entered: 07/09/2007) |
|
07/03/2007 |
166 |
ORDER by Judge Dean D. Pregerson
granting Request for Approval of Substitution of Attorney John W. Spiegel,
Munger Tolles & Olson LLP for Consol Defendant Edward F. Gotschall in
place of attorney Philip Tencer, Cooley Godward Kronish LLP 164 . (gk) (Entered: 07/09/2007) |
|
07/03/2007 |
172 |
ORDER by Judge Dean D. Pregerson
granting Request for Approval of Substitution of Attorney John W. Spiegel,
Munger Tolles & Olson LLP for Consol Defendant Stergios Theologides in
place of attorney Philip Tencer, Cooley Godward Kronish LLP 165 . (gk) (Entered: 07/10/2007) |
|
07/05/2007 |
179 |
DECLARATION OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System OF Stipulation and
Order Regarding Scheduling 162 , served on
7/5/2007. (gk) (Entered: 07/17/2007) |
|
07/09/2007 |
STIPULATION AND ORDER REGARDING SCHEDULING
by Judge Dean D. Pregerson: Lead Plaintiff shall file a Consolidated Class
Action Complaint on or before 9/14/2007; Defendants shall answer, move or
otherwise respond on or before 11/2/2007; Lead Plaintiff shall file its
opposition to any motion to dismiss on or before 12/14/2007; Defendants shall
file a reply brief on or before 1/14/2008; and a hearing on any motion to
dismiss filed by any Defendant shall be held 1/28/2008 at 10:00 AM. (gk)
(Entered: 07/09/2007) |
|
|
07/13/2007 |
173 |
REQUEST for Approval of
Substitution of Attorney John W. Speigel, Munger Tolles & Olson LLP in
place of attorney Philip Tencer, Cooley Godward Kronish LLP filed by
Defendant Brad A. Morrice. Lodged Proposed Order. (gk) (Entered: 07/17/2007) |
|
07/13/2007 |
174 |
REQUEST for Approval of
Substitution of Attorney John W. Spiegel, Munger Tolles & Olson LLP in
place of attorney Philip Tencer, Cooley Godward Kronish LLP filed by
Defendant Patti M. Dodge. Lodged Proposed Order. (gk) (Entered: 07/17/2007) |
|
07/13/2007 |
175 |
REQUEST for Approval of
Substitution of Attorney John W. Spiegel, Munger Tolles & Olson LLP in
place of attorney Philip Tencer, Cooley Godward Kronish LLP filed by
Defendant Joseph M. Eckroth, Jr. Lodged Proposed Order. (gk) (Entered:
07/17/2007) |
|
07/16/2007 |
176 |
ORDER by Judge Dean D. Pregerson
granting Request for Approval of Substitution of Attorney John W. Speigel,
Munger Tolles & Olson LLP for Defendant Brad A. Morrice in place of
attorney Philip Tencer, Cooley Godward Kronish LLP 173 .
(gk) (Entered: 07/17/2007) |
|
07/16/2007 |
177 |
ORDER by Judge Dean D. Pregerson
granting Request for Approval of Substitution of Attorney John W. Spiegel,
Munger Tolles & Olson LLP for Defendant Patti M. Dodge in place of
attorney Philip Tencer, Cooley Godward Kronish LLP 174 .
(gk) (Entered: 07/17/2007) |
|
07/16/2007 |
178 |
ORDER by Judge Dean D. Pregerson
granting Request for Approval of Substitution of Attorney John W. Spiegel,
Munger Tolles & Olson LLP for Defendant Joseph F. Eckroth, Jr. in place of
attorney Philip Tencer, Cooley Godward Kronish LLP 175 .
(gk) (Entered: 07/17/2007) |
|
07/20/2007 |
182 |
STIPULATION and Order regarding
withdrawal of motion for preliminary injunction; filed by plaintiff, New York
State Teachers' Retirement System.(ear) (Entered: 08/03/2007) |
|
07/23/2007 |
180 |
REQUEST for Approval of
Substitution of Attorney John W. Spiegel, Munger Tolles & Olson LLP in
place of attorney Philip Tencer, Cooley Godward Kronish LLP filed by
Defendant Kevin M. Cloyd. Lodged Proposed Order. (gk) (Entered: 07/25/2007) |
|
07/25/2007 |
181 |
ORDER ON REQUEST for Approval of
Substitution of Attorney filed. Substituting John W Spiegel for Kevin M Cloyd
in place and stead of Philip Tencer 180 is GRANTED by Judge Dean D.
Pregerson. (jp) (Entered: 07/26/2007) |
|
07/26/2007 |
190 |
NOTICE of Change of Address for
attorney Frederic S Fox, Joel B Strauss and Jeffrey P Campisi changing
address to Kaplan Fox and Kilsheimer LLP, 850 Third Ave, 14th Floor, New
York, NY 10022. Filed by plaintiffs (ak) (Entered: 08/27/2007) |
|
08/10/2007 |
183 |
REQUEST for Approval of
Substitution of Attorney John W. Spiegel, Munger, Tolles & Olson, LLP in
place of attorneys Philip Tencer, William E. Grauer, Meghan Oryan Spieker,
Koji F. Fukumura, Cooley Godward Kronish LLP filed by Defendant Robert K.
Cole. Lodged Proposed Order. (gk) (Entered: 08/15/2007) |
|
08/13/2007 |
184 |
NOTICE OF RELATED CASE DISMISSALS,
REQUEST TO BE REMOVED FROM SERVICE LIST by Plaintiffs Arnold C. Goldstein and
Marcia C. Goldstein and ORDER by Judge Dean D. Pregerson that the related
consolidated cases entitled, respectively, Arnold C. Goldstein v. New Century
Financial Corporation, et al., Case No. CV 07-0464 DDP (JTLx) and Marcia C.
Goldstein v. New Century Financial Corporation, et al., Case No. CV 07-0465
DDP (JTLx) have been dismissed. Plaintiffs Arnold C. Goldstein and Marcia C.
Goldstein are removed from the Master Service List for the consolidated
actions, and from the District Court's service list. (gk) (Entered:
08/15/2007) |
|
08/13/2007 |
185 |
ORDER by Judge Dean D. Pregerson
granting Request for Approval of Substitution of Attorney John W. Spiegel,
Munger, Tolles & Olson, LLP for Defendant Robert K. Cole in place of
attorneys Philip Tencer, William E. Grauer, Meghan Oryan Spieker, Koji F.
Fukumura, Cooley Godward Kronish LLP 183 . (gk)
(Entered: 08/15/2007) |
|
08/16/2007 |
186 |
NOTICE of Appearance filed by
Wayne W. Smith, Meryl L. Young, Stacy J. Marsh, and Matthew E. Lilly of
Gibson, Dunn & Crutcher LLP on behalf of Independent Director Defendants
Marilyn A. Alexander, Harold A. Black, David Einhorn, Fredric F. Forster,
Donald E. Lange, Michael M. Sachs, and Richard A. Zona. (gk) (Entered:
08/22/2007) |
|
08/16/2007 |
187 |
NOTICE of Interested Parties filed
by Defendants Marilyn A. Alexander, Harold A. Black, David Einhorn, Fredric
F. Forster, Donald E. Lange, Michael M. Sachs, AND Richard A. Zona. (gk)
(Entered: 08/22/2007) |
|
08/22/2007 |
188 |
NOTICE of Appearance filed by
attorneys Wayne W. Smith, Meryl L. Young, Stacy J. Marsh, and Matthew E.
Lilly, on behalf of Defendants Marilyn A. Alexander, Harold A. Black, David
Einhorn, Fredric F. Forster, Donald E. Lange, Michael M. Sachs, and Richard
A. Zona. (gk) (Entered: 08/24/2007) |
|
08/22/2007 |
189 |
NOTICE of Interested Parties filed
by Defendants Marilyn A. Alexander, Harold A. Black, David Einhorn, Fredric
F. Forster, Donald E. Lange, Michael M. Sachs, and Richard A. Zona. (gk)
(Entered: 08/24/2007) |
|
09/12/2007 |
193 |
NOTICE of Change of Address by
Kent A Bronson, Elizabeth P Lin, Roland W Riggs, IV, Peter George Safirstein,
Jeff S Westerman attorney for Movant Jay Peter Kaufman Revocable Trust,
changing firm name to Milberg Weiss. Filed by plaintiff Jay peter Kaufman
Revocable Trust (bb) (Entered: 09/19/2007) |
|
09/14/2007 |
191 |
CONSOLIDATED COMPLAINT against
defendants Robert K cole, Brad A Morrice, Edeard F Gotschall, Patti M dodge,
Frederick J Forster, Michael M Sachs, Harold A Black, Doald E Lange, Terrence
P Sandvik, Richard A Zona, marilyn A alexander, William J Popejoy, David
Einhorn, KPMG LLP, Bear, Stearns & Co. Inc, Deutsche Bank securities Inc,
Piper Jaffray & Co, Stifel, Nicolaus & company, Incorporated, JMP
Securities LLC, Roth Capital Partners, LLC, Morgan Stanley & Co.
Incorporated, Jefferies & Company, Inc related to: Complaint - (Discovery)
1 Jury Demand,filed by plaintiffs Carl Larson, Charles Hooten, New York State
Teachers' Retirement System (lc) Modified on 9/17/2007 (lc, ). (Entered:
09/17/2007) |
|
09/14/2007 |
192 |
DECLARATION OF SERVICE BY FIRST
CLASS MAIL filed by lead plaintiff New York State Teachers' Retirement
System, re Consolidated Complaint 191 on counsel for various
plaintiffs/movants served on 9/14/07.( see document for lengthly list- no
defendants on list) (lc) (Entered: 09/17/2007) |
|
11/01/2007 |
194 |
REQUEST to Substitute attorney
Manny A Abascal of Latham & Watkins in place of attorney John W Spiegel
of Munger Tolles & Olson filed by defendant Robert K Cole. Lodged order.
(lc) (Entered: 11/06/2007) |
|
11/02/2007 |
195 |
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF MOTION TO DISMISS THE CONSOLIDATED CLASS ACTION COMPLAINT filed by
defendants Patti M Dodge, Brad A Morrice, Edward F
Gotschall. (sce) (Entered: 11/06/2007) |
|
11/02/2007 |
|
FAX number for Attorney Kevin S
Allred, Luis Li, Kathleen M McDowell, John W Spiegel
is 213-687-3702. (sce) (Entered: 11/06/2007) |
|
11/02/2007 |
196 |
NOTICE OF MOTION AND MOTION to
Dismiss count 1 in Plaintiffs' Consolidated Class Action Complaint Pursuant
to Rule 12(b)(6); Memorandum of Points and
Authorities filed by defendants Fredric F Forster, Donald E Lange, Michael M
Sachs, Richard A Zona, Terrence P Sandvik, Marilyn A Alexander, Harold A
Black, David Einhorn.Motion set for hearing on 1/28/2008 at 10:00 AM before
Judge Dean D. Pregerson. (sce) (Entered: 11/06/2007) |
|
11/02/2007 |
|
FAX number for Attorney Matthew E
Lilly, Wayne W Smith, Meryl L Young is 949-451-4220.
(sce) (Entered: 11/06/2007) |
|
11/02/2007 |
197 |
REQUEST FOR JUDICIAL NOTICE re
MOTION to Dismiss count 1 in Plaintiffs' Consolidated Class Action Complaint
196 filed by defendants Fredric F Forster, Donald E Lange, Michael M Sachs,
Richard A Zona, Terrence P Sandvik, Marilyn A Alexander, Harold A Black,
David Einhorn. (sce) (Entered: 11/06/2007) |
|
11/02/2007 |
198 |
DECLARATION of Stacy J. Marsh in
support of MOTION to Dismiss count 1 in Plaintiffs' Consolidated Class Action
Complaint 196 filed by Consol Defendants Fredric F Forster, Donald E Lange,
Michael M Sachs, Richard A Zona, Terrence P Sandvik, Marilyn A Alexander,
Harold A Black, David Einhorn. (sce) (Entered:
11/06/2007) |
|
11/02/2007 |
199 |
NOTICE OF MOTION AND MOTION to
Dismiss counts nine and ten of the consolidated class action complaint,
MOTION for Joinder in Brad A. Morrice, Patti A. Dodge, Edward F. Gotschall,
The Independant Directors, and The Underwriters MOTION to Dismiss count 1 in
Plaintiffs' Consolidated Class Action Complaint 196 filed by defendant Robert
K Cole.Motion set for hearing on 1/28/2008 at 10:00 AM before Judge Dean D.
Pregerson. Lodged order. (sce) (Entered: 11/06/2007) |
|
11/02/2007 |
200 |
REQUEST FOR JUDICIAL NOTICE re
MOTION to Dismiss count 1 in Plaintiffs' Consolidated Class Action Complaint
196 ; Memorandum of Points and Authorities filed by defendant Robert K Cole.
(sce) Modified on 11/6/2007 (sce, ). (Entered:
11/06/2007) |
|
11/02/2007 |
202 |
NOTICE OF MOTION AND MOTION to
Dismiss consolidated class action complaint; memorandum filed by defendants
Patti M Dodge, Brad A Morrice, Edward F Gotschall.Motion set for hearing on
1/28/2008 at 10:00 AM before Judge Dean D. Pregerson. (lc) (Entered:
11/16/2007) |
|
11/02/2007 |
203 |
NOTICE OF MOTION AND MOTION to
Dismiss Plaintiffs' Consolidated Class Action Complaint by the Underwriter
Defendants (Bear Stearns & Co. Inc., Deutsche Bank Securities, Inc.,
Jefferies & Co., Inc., JMP Securities, LLC, Morgan Stanley & Co.,
Inc., Piper Jaffray & Co., Roth Capital Partners, LLC and Stifel Nicolaus
& Co., Inc.); Memorandum of Points and Authorities in Support Thereof
filed by Defendants Bear Stearns & Co Inc, Deutsche Bank Securities Inc,
Jefferies & Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc,
Piper Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus &
Company Inc.Motion set for hearing on 1/28/2008 at 10:00 AM before Judge Dean
D. Pregerson. (vh) (Entered: 11/20/2007) |
|
11/02/2007 |
204 |
REQUEST FOR JUDICIAL NOTICE in
Support of Motion to Dismiss Plaintiffs' Consolidated Class Action Complaint
by the Underwriter Defendants (Bear Stearns & Co. Inc., Deutsche Bank
Securities, Inc., Jefferies & Co., Inc., JMP Securities, LLC, Morgan
Stanley & Co., Inc., Piper Jaffray & Co., Roth Capital Partners, LLC
and Stifel Nicolaus & Co., Inc.) re 203 filed by Defendants Bear Stearns
& Co Inc, Deutsche Bank Securities Inc, Jefferies & Company Inc, JMP
Securities LLC, Morgan Stanley & Co Inc, Piper Jaffray & Co, Roth
Capital Partners LLC, Stifel Nicolaus & Company Inc. (vh) (Entered:
11/20/2007) |
|
11/02/2007 |
205 |
REQUEST FOR JUDICIAL NOTICE in
Support of MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint
by the Underwriter Defendants (Bear Stearns & Co. Inc., Deutsche Bank
Securities, Inc., Jefferies & Co., Inc., JMP Securities, LLC, Morgan
Stanley & Co., Inc., Piper Jaffray & Co., Roth Capital Partners, LLC
and Stifel Nicolaus & Co., Inc.) 2 of 2 [EXHIBITS D-I] re 203 filed by
Defendants Bear Stearns & Co Inc, Deutsche Bank Securities Inc, Jefferies
& Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc, Piper
Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus & Company
Inc. (vh) (Entered: 11/20/2007) |
|
11/02/2007 |
206 |
PROOF OF SERVICE filed by
Defendants Bear Stearns & Co Inc, Deutsche Bank Securities Inc, Jefferies
& Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc, Piper
Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus & Company
Inc, re Request for Judicial Notice,,, Request for Relief,, 204 , MOTION to Dismiss Plaintiffs' Consolidated Class
Action Complaint by the Underwriter Defendants 203 , Request for Judicial
Notice,,, Request for Relief,, 205 served on 11/2/07. (vh) (Entered:
11/20/2007) |
|
11/05/2007 |
201 |
PROOF AND AMENDED PROOF OF MAIL
SERVICE, re Request for Judicial Notice 200 , MOTION to Dismiss counts nine
and ten of the consolidated class action 196 199 filed by defendants Bear
Stearns & Co Inc, Deutsche Bank Securities Inc, Jefferies & Company
Inc, JMP Securities LLC, Morgan Stanley & Co Inc, Piper Jaffray & Co,
Roth Capital Partners LLC, Stifel Nicolaus & Company Inc (lc) (Entered:
11/14/2007) |
|
11/19/2007 |
207 |
NOTICE OF JOINDER AND JOINDER in
Motion to Dismiss Pursuant to Rule 12(b)(6) Filed by
Independent Director Defendants 196 filed by Consol Defendant William J
Popejoy. (vh) (Entered: 11/27/2007) |
|
11/20/2007 |
208 |
NOTICE OF MOTION AND MOTION to
Dismiss Plaintiffs' Consolidated Class Action Complaint; Memorandum of Points
and Authorities in Support Thereof filed by Defendant KPMG LLP.Motion set for
hearing on 1/28/2008 at 10:00 AM before Judge Dean D. Pregerson. (vh)
(Entered: 11/27/2007) |
|
11/20/2007 |
209 |
REQUEST FOR JUDICIAL NOTICE in
Support of Its Motion to Dismiss Plaintiffs' Consolidated Class Action Complaint
208 filed by Defendant KPMG LLP. (vh) (Entered: 11/27/2007) |
|
11/20/2007 |
210 |
CERTIFICATION AS TO INTERESTED
PARTIES filed by Consol Defendant KPMG LLP. (vh) (Entered: 11/27/2007) |
|
11/20/2007 |
211 |
PROOF OF SERVICE filed by
Defendant KPMG LLP, re Request for Judicial Notice, Request for Relief 209 ,
Certificate of Interested Parties 210 , MOTION to Dismiss Plaintiffs'
Consolidated Class Action Complaint 208 served on 11/20/07 (see document for
further details). (vh) (Entered: 11/27/2007) |
|
11/20/2007 |
|
FAX number for Attorney Jose F
Sanchez is 213-896-6600. (lc) (Entered: 11/28/2007) |
|
11/20/2007 |
217 |
NOTICE of Change of Attorney
Information: adding Michael C Kelley as attorney as counsel of record for
KPMG for the reason indicated in the G-06 Notice. Filed by defendant KPMG LLP
(bb) (Entered: 12/11/2007) |
|
11/21/2007 |
212 |
STIPULATION for Leave to Extend
Page Limit and [Proposed] Order filed by Lead Plaintiff New York State Teachers'
Retirement System.(vh) (Entered: 11/28/2007) |
|
11/21/2007 |
213 |
DECLARATION OF SERVICE of
Stipulation to Extend Page Limit and [Proposed] Order; and Declaration of
Service filed by Lead Plaintiff New York State Teachers' Retirement System,
served on 11/20/07. (vh) (Entered: 11/28/2007) |
|
11/27/2007 |
STIPULATION AND ORDER granting
defendant David Einhorn extension to file answer to 2/15/2008 by Judge Dean
D. Pregerson (lc) (Entered: 11/28/2007) |
|
|
11/27/2007 |
STIPULATION AND ORDER that the
page limited for defendants memorandum in support of motion to dismiss the
consolidated complaint is extended to 35 pages; plaintiffs page limit for
memorandum in opposition extended to 35 pages; defendants reply memorandum
extended to 30 pages by Judge Dean D. Pregerson (lc) (Entered: 11/28/2007) |
|
|
11/27/2007 |
ORDER granting REQUEST to
Substitute attorney Manny A Abascal of Latham & Watkins in place of
attorney John W Spiegel of Munger Tolles & Olson 194 by Judge Dean D.
Pregerson (lc) (Entered: 11/29/2007) |
|
|
11/27/2007 |
|
FAX number for Attorney Manuel A
Abascal is 213-891-8763. (lc) (Entered: 11/29/2007) |
|
12/14/2007 |
218 |
MEMORANDUM in Support of
Opposition to the Motions to Dismiss the Consolidated Class Action Complaint
Filed by all Moving Defendants, 203 , 208 , 202 filed by Consol Plaintiff New
York State Teachers' Retirement System. (vh) (Entered: 12/19/2007) |
|
12/14/2007 |
219 |
DECLARATION of Salvatore J.
Graziano in Further Support of Opposition to the Motions to Dismiss the
Consolidated Class Action Complaint Filed by All Moving Defendants, re 203 ,
208 , 202 filed by Consol Plaintiff New York State Teachers' Retirement
System. (vh) (Entered: 12/19/2007) |
|
12/14/2007 |
220 |
DECLARATION OF SERVICE filed by
Plaintiff New York State Teachers' Retirement System, re Memorandum in
Support of Motion 218 , Declaration (Motion related), Declaration (Motion
related) 219 served on 12/14/07 (see document for further details). (vh)
(Entered: 12/19/2007) |
|
01/08/2008 |
NOTICE OF SUPPLEMENTAL AUTHORITY
IN SUPPORT OF OPPOSITION TO ALL MOVING DEFENDANTS MOTIONs to Dismiss
Plaintiffs' Consolidated Class Action Complaint 196 ,
199 , 202 , 203 , 208 , filed by Consol Plaintiff New York State Teachers'
Retirement System. (lc) (Entered: 01/18/2008) |
|
|
01/08/2008 |
DECLARATION OF OVERNIGHT MAIL
SERVICE filed by plaintiff New York State Teachers' Retirement System, re
notice of supplemental authroity in support of oppostion to Motion to dismiss
consoldiated cass action 235 served on
1/8/08. (lc) (Entered: 01/18/2008) |
|
|
01/11/2008 |
Certification and Notice of Interested Parties of The Underwriter Defendants of
Interested Parties filed by Consol Defendants Bear Stearns & Co Inc,
Deutsche Bank Securities Inc, Jefferies & Company Inc, JMP Securities
LLC, Morgan Stanley & Co Inc, Piper Jaffray & Co, Roth Capital
Partners LLC, Stifel Nicolaus & Company Inc. (Mercado, Eleanor) (Entered:
01/11/2008) |
|
|
01/14/2008 |
REPLY In Support Of MOTION to
Dismiss Plaintiffs' Consolidated Class Action Complaint 208 filed by Consol
Defendant KPMG LLP. (Kelley, Michael) (Entered: 01/14/2008) |
|
|
01/14/2008 |
REPLY in support of a motion
MOTION to Dismiss consolidated class action complaint 202 filed by Defendants
Patti M Dodge, Brad A Morrice, Consol Defendant Edward F Gotschall.
(McDowell, Kathleen) (Entered: 01/14/2008) |
|
|
01/14/2008 |
REPLY Reply in Support of Motion
to Dismiss MOTION to Dismiss count 1 in Plaintiffs' Consolidated Class Action
Complaint 196 filed by Consol Defendants Fredric F Forster, Donald E Lange,
Michael M Sachs, Richard A Zona, Terrence P Sandvik, Marilyn A Alexander, Harold A Black. (Young, Meryl) (Entered: 01/14/2008) |
|
|
01/14/2008 |
REPLY In Support Of MOTION to
Dismiss counts nine and ten of the consolidated class action complaint MOTION
for Joinder in MOTION to Dismiss count 1 in Plaintiffs' Consolidated Class
Action Complaint 196 MOTION for Joinder in MOTION to Dismiss count 1 in
Plaintiffs' Consolidated Class Action Complaint 196 199 filed by Defendant
Robert K Cole. (Attachments: # 1 Certificate of
Service via U.S. Mail)(Baldwin, Peter) (Entered: 01/14/2008) |
|
|
01/14/2008 |
PROOF OF SERVICE filed by Defendant
KPMG LLP, re Reply (Motion related) 222 served on
1/14/2008. (Martin, Robert) (Entered: 01/14/2008) |
|
|
01/14/2008 |
NOTICE OF MOTION AND MOTION to
Dismiss Case Reply filed by Underwriter Defendants Bear Stearns &
Co Inc, Deutsche Bank Securities Inc, Jefferies & Company Inc, JMP
Securities LLC, Morgan Stanley & Co Inc, Piper Jaffray & Co, Roth
Capital Partners LLC, Stifel Nicolaus & Company Inc.Motion set for
hearing on 1/28/2008 at 10:00 AM before Judge Dean D. Pregerson.
(Attachments: # 1
Appendix A# 2
Appendix B)(Durrant, John) (Entered: 01/14/2008) |
|
|
01/15/2008 |
PROOF OF SERVICE filed by
defendants Patti M Dodge, Brad A Morrice, Edward F Gotschall, re Reply
(Motion related) 223
served on 01/14/2008. (McDowell, Kathleen) (Entered: 01/15/2008) |
|
|
01/15/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following deficiency was found: wrong
event: motion to dismiss; correct event: reply (under motion related
documents: responses/replies etc and then link to motion;, action was or will
be taken by Filer; (clerk has terminated erroneously created hearing by use
of wrong event: motion to dismiss: RE MOTION to Dismiss Case Reply 227 (lc) (Entered:
01/15/2008) |
|
|
01/15/2008 |
REPLY in Support MOTION to Dismiss
Plaintiffs' Consolidated Class Action Complaint by the Underwriter Defendants
203 , MOTION to Dismiss Case Reply 227 filed by Consol
Defendants Bear Stearns & Co Inc, Deutsche Bank Securities Inc, Jefferies
& Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc, Piper
Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus & Company
Inc. (Attachments: # 1
Appendix A# 2
Appendix B)(Durrant, John) (Entered: 01/15/2008) |
|
|
01/15/2008 |
Proof of Service to Reply in
Support of Motion to Dismiss Plaintiff's Consolidated Class Action Complaint
by the Underwriter Defendants filed by Consol Defendants Bear Stearns &
Co Inc, Deutsche Bank Securities Inc, Jefferies & Company Inc, JMP Securities
LLC, Morgan Stanley & Co Inc, Piper Jaffray & Co, Roth Capital
Partners LLC, Stifel Nicolaus & Company Inc re: Reply (Motion related),
Reply (Motion related) 230 (Durrant, John)
(Entered: 01/15/2008) |
|
|
01/16/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following deficiency was found wrong
category and event: misc; correct event: proof of service of subsequent
documents, action was or will be taken by Filer : RE Miscellaneous Document, 231 (lc) (Entered:
01/16/2008) |
|
|
01/16/2008 |
NOTICE OF DOCUMENT DISCREPANCIES
AND ORDER by Judge Dean D. Pregerson ORDERING notce of supplemental authority
in support of opposition to motion to dismiss submitted by Consol Plaintiff
New York State Teachers' Retirement System received on 1/8/08 to be filed and
processed; filed date to be the date the document was stamped Received but
not Filed with the Clerk. (lc) (Entered: 01/18/2008) |
|
|
01/17/2008 |
PROOF OF SERVICE filed by
UNDERWRITER DEFENDANTS Bear Stearns & Co Inc, Deutsche Bank Securities
Inc, Jefferies & Company Inc, JMP Securities LLC, Morgan Stanley & Co
Inc, Piper Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus &
Company Inc, re Reply (Motion related), Reply (Motion related) 230 served on
1/14/08. (Durrant, John) (Entered: 01/17/2008) |
|
|
01/18/2008 |
MINUTES OF IN CHAMBERS ORDER held
before Judge Dean D. Pregerson : re: MOTION to Dismiss Plaintiffs'
Consolidated Class Action Complaint by the Underwriter Defendants 203 ,
MOTION to Dismiss count 1 in Plaintiffs' Consolidated Class Action Complaint
196 , Request for Judicial Notice, Request for Relief 209 , MOTION to Dismiss
consolidated class action complaint 202 , MOTION to Dismiss counts nine and
ten of the consolidated class action complaint MOTION for Joinder in MOTION
to Dismiss count 1 in Plaintiffs' Consolidated Class Action Complaint 196
MOTION for Joinder in MOTION to Dismiss count 1 in Plaintiffs' Consolidated
Class Action Complaint 196 199 , Joinder (Motion Related) 207 . Motion
hearings set for 1/28/08 are continued to 2/4/2008 at 10:00 AM before Judge
Dean D. Pregerson. (tad) (Entered: 01/18/2008) |
|
|
01/22/2008 |
SECOND NOTICE OF SUPPLEMENTAL
AUTHORITY IN SUPPORT OF OPPOSITION TO THE MOTIONS TO DISMISS THE CONSOLIDATED
CLASS ACTION COMPLAINT FILED BY ALL MOVING DEFENDANTS re MOTION to Dismiss
Plaintiffs' Consolidated Class Action Complaint by the Underwriter Defendants
203 , MOTION to Dismiss count 1 in Plaintiffs' Consolidated Class Action
Complaint 196 , MOTION to Dismiss Plaintiffs' Consolidated Class Action
Complaint 208 , MOTION to Dismiss consolidated class action complaint 202 ,
MOTION to Dismiss counts nine and ten of the consolidated class action
complaint MOTION for Joinder in MOTION to Dismiss count 1 in Plaintiffs'
Consolidated Class Action Complaint 196 MOTION for Joinder in MOTION to
Dismiss count 1 in Plaintiffs' Consolidated Class Action Complaint 196 199
filed by Consol Plaintiff New York State Teachers' Retirement System.
(Attachments: # 1
Exhibit A)(Siben, Matthew) (Entered: 01/22/2008) |
|
|
01/22/2008 |
CERTIFICATE OF SERVICE filed by
Plaintiff New York State Teachers' Retirement System, re Motion Related
Document,,, 238 SECOND
NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF OPPOSITION TO THE MOTIONS TO
DISMISS THE CONSOLIDATED CLASS ACTION COMPLAINT FILED BY ALL MOVING DEFENDANTS
served on 1/22/2008. (Siben, Matthew) (Entered: 01/22/2008) |
|
|
01/24/2008 |
AMENDED PROOF OF SERVICE filed by
Defendant Robert K Cole, re Reply (Motion related), Reply (Motion related) 225 served on
01/24/2008. (Baldwin, Peter) (Entered: 01/24/2008) |
|
|
01/25/2008 |
RESPONSE IN SUPPORT of MOTION to
Dismiss consolidated class action complaint 202 RESPONSE TO PLAINTIFFS'
SECOND NOTICE OF SUPPLEMENTAL AUTHORITY filed by Defendants Patti M
Dodge, Brad A Morrice, Consol Defendant Edward F
Gotschall. (McDowell, Kathleen) (Entered: 01/25/2008) |
|
|
01/25/2008 |
RESPONSE IN SUPPORT of MOTION to
Dismiss counts nine and ten of the consolidated class action complaint MOTION
for Joinder in MOTION to Dismiss count 1 in Plaintiffs' Consolidated Class
Action Complaint 196 MOTION for Joinder in MOTION to Dismiss count 1 in
Plaintiffs' Consolidated Class Action Complaint 196 199 RESPONSE TO
PLAINTIFFS' SECOND NOTICE OF SUPPLEMENTAL AUTHORITY 238 filed by
Defendant Robert K Cole. (Baldwin, Peter) (Entered: 01/25/2008) |
|
|
01/25/2008 |
PROOF OF SERVICE filed by
Defendant Robert K Cole, re Response in Support of Motion, 242 served on
01/25/2008. (Baldwin, Peter) (Entered: 01/25/2008) |
|
|
01/31/2008 |
MINUTES OF IN CHAMBERS ORDER held
before Judge Dean D. Pregerson : COUNSEL ARE NOTIFIED that on the Court's own
motion the INDEPENDENT DIRECTOR DEFENDANTS' MOTION TO DISMISS (FILED ON
11-02-07), DEFENDANT ROBERT K. COLE'S MOTION TO DISMISS COUNTS NINE AND TEN
OF THE CONSOLIDATED CLASS ACTION COMPLAINT (FILED ON 11-02-07), MOTION TO DISMISS
PLAINTIFFS' CONSOLIDATED CLASS ACTION COMPLAINT BY THE UNDERWRITER DEFENDANTS
(FILED ON 11-02-07) MOTION TO DISMISS THE CONSOLIDATED CLASS ACTION COMPLAINT
BY DEFENDANTS MORRICE, GOTSCHALL AND DODGE (FILED ON 11-02-07), JOINDER BY
DEFENDANT WILLIAM J. POPEJOY IN INDEPENDENT DIRECTOR DEFENDANTS' MOTION TO
DISMISS (FILED ON 11-19-07) and the DEFENDANT KPMG'S MOTION TO DISMISS
PLAINTIFFS' CONSOLIDATED CLASS ACTION COMPLAINT (FILED ON 11-20-07) set for
February 4, 2008 at 10:00 a.m., are hereby taken off calendar, the hearing
date vacated and will be decided without oral argument. (sce) (Entered:
01/31/2008) |
|
|
01/31/2008 |
ORDER by Judge Dean D. Pregerson,ORDER GRANTING MOTIONS TO DISMISSWITH LEAVE TO AMEND.
Plaintiffs shall file an amended class action complaint by February 25,2008. Defendants shall answer, move to dismiss, or otherwise
respond on or before March 10, 2008. Plaintiffs shall file its opposition to
any motion to dismiss on or before March 24, 2008. Defendants shall file a
reply brief on or before April 7, 2008. A hearing on any motion to dismiss
filed by any Defendant shall be held April 21, 2008 at 10:00 AM. (sce)
(Entered: 01/31/2008) |
|
|
02/04/2008 |
ORDER re plaintiff's EXPARTE
APPLICATION for Extension of Time to File Amended Complaint 246 : Plaintiffs
shall file their amendedcomplaint: 3/24/08; Defendants file answer or move to
dismiss or otherwise respond: 4/28/08; Plaintiffs file opposition to any
motion to dismiss: 5/19/08; Defendants file any reply brief: 6/69/08; hearing
on any motion to dismiss 6/23/08 10:0 AM by Judge Dean D. Pregerson (lc)
(Entered: 02/14/2008) |
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02/05/2008 |
EXPARTE APPLICATION for Extension
of Time to File Amended Complaint filed by Plaintiff New York State Teachers'
Retirement System. (Attachments: # 1 Declaration of
Salvatore J. Graziano in Support of Plaintiffs' Ex Parte Application for
Extension of Time to File Amended Complaint# 2 Exhibit A# 3 Exhibit B# 4 Proposed
Order)(Graziano, Salvatore) (Entered: 02/05/2008) |
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02/05/2008 |
CERTIFICATE OF SERVICE filed by
Plaintiff New York State Teachers' Retirement System, re EXPARTE APPLICATION
for Extension of Time to File Amended Complaint 246 served on
2/05/2008. (Graziano, Salvatore) (Entered: 02/05/2008) |
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02/05/2008 |
NOTICE OF DISCREPANCY AND ORDER:
by Judge Dean D. Pregerson,document not in pleading
format. Pursuant to G.O. 07-08 case is designated for e-filing. (sce)
(Entered: 02/07/2008) |
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02/07/2008 |
OPPOSITION to EXPARTE APPLICATION
for Extension of Time to File Amended Complaint 246 filed by
Defendants Patti M Dodge, Brad A Morrice, Consol Defendant Edward F
Gotschall. (Attachments: # 1 Exhibit
Attachment)(McDowell, Kathleen) (Entered: 02/07/2008) |
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02/07/2008 |
MEMORANDUM in Opposition to
EXPARTE APPLICATION for Extension of Time to File Amended Complaint 246 filed by Consol
Defendants Bear Stearns & Co Inc, Deutsche Bank Securities Inc, Jefferies
& Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc, Piper
Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus & Company
Inc. (Durrant, John) (Entered: 02/07/2008) |
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02/07/2008 |
PROOF OF SERVICE filed by
Defendants Patti M Dodge, Brad A Morrice, Edward F Gotschall, re Response in
Opposition to Motion 249
served on 02/07/2008. (McDowell, Kathleen) (Entered: 02/07/2008) |
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02/08/2008 |
PROOF OF SERVICE filed by
UNDERWRITER DEFENDANTS Bear Stearns & Co Inc, Deutsche Bank Securities
Inc, Jefferies & Company Inc, JMP Securities LLC, Morgan Stanley & Co
Inc, Piper Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus &
Company Inc, re MEMORANDUM in Opposition to Motion, 250 served on
FEBRUARY 7, 2008. (Durrant, John) (Entered: 02/08/2008) |
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03/24/2008 |
AMENDED CONSOLIDATED COMPLAINT
against defendants Fredric F Forster, Donald E Lange, Michael M Sachs,
Richard A Zona, Terrence P Sandvik, KPMG LLP, William J Popejoy, Patti M
Dodge, Brad A Morrice, Bear Stearns & Co Inc, Deutsche Bank Securities
Inc, Jefferies & Company Inc, JMP Securities LLC, Morgan Stanley & Co
Inc, Piper Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus &
Company Inc, Edward F Gotschall, Joseph M Eckroth, Jr, Marilyn A Alexander,
Harold A Black, Robert K Cole; Party Stergios Theologides; Taj S Bindra and
Kevin M Cloyd terminated amending Consolidated Complaint,, 191 ,filed by
plaintiff Carl Larson, Charles Hooten, New York State Teachers' Retirement
System (Attachments: # 1)(lc) (Entered:
03/25/2008) |
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03/24/2008 |
DECLARATION OF SERVICE Executed by
plaintiffs Carl Larson, Avi Gold, Charles Hooten, New York State Teachers'
Retirement System, upon Fredric F Forster served on 3/24/2008, answer due
4/13/2008; Donald E Lange served on 3/24/2008, answer due 4/13/2008; Michael
M Sachs served on 3/24/2008, answer due 4/13/2008; Richard A Zona served on
3/24/2008, answer due 4/13/2008; Terrence P Sandvik served on 3/24/2008,
answer due 4/13/2008; KPMG LLP served on 3/24/2008, answer due 4/13/2008;
William J Popejoy served on 3/24/2008, answer due 4/13/2008; Patti M Dodge
served on 3/24/2008, answer due 4/13/2008; Brad A Morrice served on
3/24/2008, answer due 4/13/2008; Bear Stearns & Co Inc served on
3/24/2008, answer due 4/13/2008; Deutsche Bank Securities Inc served on
3/24/2008, answer due 4/13/2008; Jefferies & Company Inc served on
3/24/2008, answer due 4/13/2008; JMP Securities LLC served on 3/24/2008,
answer due 4/13/2008; Morgan Stanley & Co Inc served on 3/24/2008, answer
due 4/13/2008; Piper Jaffray & Co served on 3/24/2008, answer due
4/13/2008; Roth Capital Partners LLC served on 3/24/2008, answer due
4/13/2008; Stifel Nicolaus & Company Inc served on 3/24/2008, answer due
4/13/2008; Edward F Gotschall served on 3/24/2008, answer due 4/13/2008; Joseph
M Eckroth, Jr served on 3/24/2008, answer due 4/13/2008; Marilyn A Alexander
served on 3/24/2008, answer due 4/13/2008; Harold A Black served on
3/24/2008, answer due 4/13/2008; David Einhorn served on 3/24/2008, answer
due 4/13/2008; Robert K Cole served on 3/24/2008, answer due 4/13/2008. The
Summons and Complaint were served by overnight mail service, by not cited
statute, upon see attached service list. Original Summons not attached. (lc) Additional attachment(s) added on 3/25/2008 (lc, ).
(Entered: 03/25/2008) |
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03/25/2008 |
APPLICATION OF NON-RESIDENT
ATTORNEY MARVIN L. FRANK for Leave to Appear Pro Hac Vice filed by PLAINTIFF
New York State Teachers' Retirement System. (Attachments: # 1 Proposed
Order)(Nicholas, Blair) (Entered: 03/25/2008) |
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03/27/2008 |
ORDER by Judge Dean D. Pregerson
Granting APPLICATION OF NON-RESIDENT ATTORNEY MARVIN L. FRANK for Leave to
Appear Pro Hac Vice 256
by Marvin L. Frank to appear on behalf of Plaintiff Avi Gold.Blair A. Nicolas
is designated as local counsel. Fee PAID. (sce) (Entered: 03/27/2008) |
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03/31/2008 |
STIPULATION to AND [PROPOSED]
ORDER REGARDING THE FILING OF THE SECOND AMENDED CONSOLIDATED CLASS ACTION
COMPLAINT AND SCHEDULING filed by PLAINTIFF New York State Teachers'
Retirement System.(Nicholas, Blair) (Entered: 03/31/2008) |
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04/01/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following deficiency was found wrong
format: combined stipulation and order (it is so ordered): all proposed
formal orders are to be submitted as a separate attachment to main document,
action was or will be taken by filer : RE Stipulation to Amend/Correct 258 (lc) (Entered:
04/01/2008) |
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04/01/2008 |
Corrected STIPULATION to AND
[PROPOSED] ORDER REGARDING THE FILING OF THE SECOND AMENDED CONSOLIDATED
CLASS ACTION COMPLAINT AND SCHEDULING Notice of Deficiency in Electronically
Filed Documents (G-112), Notice of Deficiency in Electronically Filed
Documents (G-112) 259
filed by Plaintiff New York State Teachers' Retirement System. (Attachments:
# 1 Proposed
Order)(Nicholas, Blair) (Entered: 04/01/2008) |
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04/02/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following deficiency was found:
resubmitted combined stip and order (it is so ordered) format and to it was
attached the same stipulation and order. A separate formal proposed order in
itself, is to be submitted as the separate attachment to the main document,
the stipulation (without the "it is so ordered"), action was or
will be taken by filer : RE Stipulation to Amend/Correct, 260 (lc) (Entered:
04/02/2008) |
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04/02/2008 |
STIPULATION to AND [PROPOSED]
ORDER REGARDING THE FILING OF THE SECOND AMENDED CONSOLIDATED CLASS ACTION
COMPLAINT AND SCHEDULING Notice of Deficiency in Electronically Filed
Documents (G-112), Notice of Deficiency in Electronically Filed Documents
(G-112) 261
filed by PLAINTIFF New York State Teachers' Retirement System. (Attachments:
# 1 Proposed
Order)(Nicholas, Blair) (Entered: 04/02/2008) |
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04/03/2008 |
ORDER that the Court in large part
adopts the stipulation and proposed order 262 . However, due
to various concerns regarding its own docket, the Court has altered some of
the dates for Defendants to answer or for the parties filings related to any
motion to dismiss. The Court requests that the parties adhere to the schedule
outlined below.Lead Plaintiff shall file a Second Amended Consolidated Class
Action Complaint on or before April 30, 2008; Defendants shall answer, move
or otherwise respond on or before June 2, 2008; Lead Plaintiff shall file its
opposition to any motion to dismiss on or before July 7, 2008; Defendants
shall file a reply brief on or before July 28, 2008; and A hearing on any
motion to dismiss yet to be filed by any Defendant shall be held at 10:00
a.m. on September 8, 2008 by Judge Dean D. Pregerson, (lc) (Entered:
04/03/2008) |
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04/10/2008 |
Amended Certificate of Interested Parties filed by Consol
Defendants Bear Stearns & Co Inc, Deutsche Bank Securities Inc, Jefferies
& Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc, Piper
Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus & Company
Inc. (Durrant, John) (Entered: 04/10/2008) |
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04/24/2008 |
NOTICE of Change of Attorney
Information for attorney Elizabeth P Lin counsel for Movant Jay Peter Kaufman
Revocable Trust. Changing FIRM NAME to MILBERG LLP. Changing E-MAIL to
elin@milberg.com. Filed by Plaintiff Jay Peter Kaufman Revocable Trust (Lin,
Elizabeth) (Entered: 04/24/2008) |
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04/24/2008 |
NOTICE OF CHANGE OF LAW FIRM NAME
filed by Plaintiff Jay Peter Kaufman Revocable Trust. (Lin, Elizabeth)
(Entered: 04/24/2008) |
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|
04/24/2008 |
NOTICE of Change of Attorney
Information for attorney Jeff S Westerman counsel for Movant Jay Peter
Kaufman Revocable Trust. Changing FIRM NAME to MILBERG LLP. Changing E-MAIL
to jwesterman@milberg.com. Filed by Plaintiff Jay Peter Kaufman Revocable
Trust (Westerman, Jeff) (Entered: 04/24/2008) |
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04/30/2008 |
SECOND AMENDED CONSOLIDATED
COMPLAINT against defendants Fredric F Forster, Donald E Lange, Michael M
Sachs, Richard A Zona, Terrence P Sandvik, KPMG LLP, William J Popejoy, Patti
M Dodge, Brad A Morrice, Bear Stearns & Co Inc, Deutsche Bank Securities
Inc, Jefferies & Company Inc, JMP Securities LLC, Morgan Stanley & Co
Inc, Piper Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus &
Company Inc, Edward F Gotschall, Joseph M Eckroth, Jr, Marilyn A Alexander,
Harold A Black, David Einhorn, Robert K Cole; amending Amended Complaint 254 ; Jury
Demand,filed by Consolidated plaintiffs New York State Teachers' Retirement
System, Carl Larson, Charles Hooten, AVi Gold (lc) Modified on 5/1/2008 (lc,
). Modified on 5/1/2008 (lc, ). Additional
attachment(s) added on 5/2/2008 (lc, ). (Entered:
05/01/2008) |
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04/30/2008 |
DECLARATION RE PROOF OF SERVICE OF
SECOND AMENDED CONSOLIDATED COMPLAINT Executed by plaintiffs Carl Larson,
Charles Hooten, New York State Teachers' Retirement System, upon Fredric F
Forster served on 4/30/2008, answer due 5/20/2008; Donald E Lange served on
4/30/2008, answer due 5/20/2008; Michael M Sachs served on 4/30/2008, answer
due 5/20/2008; Richard A Zona served on 4/30/2008, answer due 5/20/2008;
Terrence P Sandvik served on 4/30/2008, answer due 5/20/2008; KPMG LLP served
on 4/30/2008, answer due 5/20/2008; William J Popejoy served on 4/30/2008,
answer due 5/20/2008; Patti M Dodge served on 4/30/2008, answer due
5/20/2008; Brad A Morrice served on 4/30/2008, answer due 5/20/2008; Bear
Stearns & Co Inc served on 4/30/2008, answer due 5/20/2008; Deutsche Bank
Securities Inc served on 4/30/2008, answer due 5/20/2008; Jefferies &
Company Inc served on 4/30/2008, answer due 5/20/2008; JMP Securities LLC
served on 4/30/2008, answer due 5/20/2008; Morgan Stanley & Co Inc served
on 4/30/2008, answer due 5/20/2008; Piper Jaffray & Co served on
4/30/2008, answer due 5/20/2008; Roth Capital Partners LLC served on
4/30/2008, answer due 5/20/2008; Stifel Nicolaus & Company Inc served on
4/30/2008, answer due 5/20/2008; Edward F Gotschall served on 4/30/2008,
answer due 5/20/2008; Joseph M Eckroth, Jr served on 4/30/2008, answer due
5/20/2008; Marilyn A Alexander served on 4/30/2008, answer due 5/20/2008;
Harold A Black served on 4/30/2008, answer due 5/20/2008; David Einhorn
served on 4/30/2008, answer due 5/20/2008; Robert K Cole served on 4/30/2008,
answer due 5/20/2008. The Summons and Complaint were served by over night
mail service, by not cited statute, upon: see document for details as to
names as to respective attorneys for respective defendants. Original Summons
not returned. (lc) (Entered: 05/01/2008) |
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05/01/2008 |
NOTICE OF CLERICAL ERROR: Due to
clerical error the PDF image attachments made by the clerk was incorrect and
were removed this date. Upon receipt of resubmitted PDF images, the clerk
will attach those attachments in parts made by the the law firm Re: Manually
filed Second Amended Complaint 269 (lc) (Entered:
05/01/2008) |
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05/29/2008 |
Joint STIPULATION to Exceed Page
Limitation as to Motion, Reply and Opposition to Dismiss the Second Amended
Consolidated Class Complaint filed by Defendants Patti M Dodge, Brad A
Morrice, Edward F Gotschall. (Attachments: # 1 Proposed Order
Extending Page Limits)(McDowell, Kathleen) (Entered: 05/29/2008) |
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05/29/2008 |
NOTICE of Change of Attorney
Information for attorney Daniel A Lyons counsel for Defendants Patti M Dodge,
Brad A Morrice, Consol Defendant Edward F Gotschall.
Adding Daniel A. Lyons as attorney as counsel of record for Patti M. Dodge,
Edward F. Gotschall and Brad A. Morrice for the reason indicated in the G-06
Notice. Filed by Defendants Patti M. Dodge, Edward F. Gotschall & Brad A.
Morrice (Lyons, Daniel) (Entered: 05/29/2008) |
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05/30/2008 |
ORDER EXTENDING PAGE LIMITED upon
Stipulation 274
: (1) The page limit for each memorandum of points and authorities in support
of a motion to dismiss the Second Amended Consolidated Class Complaint is
extended to 30 pages (inclusive of any supporting charts);(2) Plaintiffs page
limit for their combined memorandum of points and authorities in opposition
to Moving Defendants motions to dismiss is extended to a number of pages not
to exceed the total number of pages filed by all Moving Defendants memoranda
of points and authorities; and (3) The page limit for each reply memorandum
is extended to 20 pages by Judge Dean D. Pregerson (lc) (Entered: 05/30/2008) |
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05/30/2008 |
ORDER RETURNING CASE FOR
REASSIGNMENT UPON RECUSAL by Magistrate Judge Jennifer T. Lum. ORDER case
returned to the Clerk for random reassignment Discovery pursuant to General
Order 05-07 and General Order 07-02. Case randomly reassigned from Judge
Magistrate Judge Jennifer T. Lum to Magistrate Judge Fernando M. Olguin for
all further proceedings. The case number will now reflect the initials of the
transferee Judge CV 07-0931 DDP (FMOx). (rn) (Entered: 05/30/2008) |
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06/02/2008 |
NOTICE OF MOTION AND MOTION to
Dismiss Second Amended Complaint filed by Defendants Fredric F Forster,
Donald E Lange, Michael M Sachs, Richard A Zona, Terrence P Sandvik, Marilyn
A Alexander, Harold A Black, David Einhorn. Motion set for hearing on
9/8/2008 at 10:00 AM before Judge Dean D. Pregerson. (Marsh, Stacy) (Entered:
06/02/2008) |
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|
06/02/2008 |
NOTICE OF MOTION AND MOTION to
Dismiss Second Amended Consolidated Class Action Complaint filed by
Defendants Patti M Dodge, Brad A Morrice, Edward F Gotschall. Motion set for
hearing on 9/8/2008 at 10:00 AM before Judge Dean D. Pregerson. (Lyons,
Daniel) (Entered: 06/02/2008) |
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06/02/2008 |
REQUEST FOR JUDICIAL NOTICE re
MOTION to Dismiss Second Amended Consolidated Class Action Complaint 279 SUPPLEMENTAL
filed by Defendants Patti M Dodge, Brad A Morrice, Edward F Gotschall.
(Attachments: # 1
Exhibit 1 (Part 1) ISO Motion to Dismiss, # 2 Exhibit 1 (Part
2) ISO Motion to Dismiss, # 3 Exhibit 1 (Part
3) ISO Motion to Dismiss, # 4 Exhibit 1 (Part
4) ISO Motion to Dismiss, # 5 Exhibit 1 (Part
5) ISO Motion to Dismiss, # 6 Exhibit 1 (Part
6) ISO Motion to Dismiss, # 7 Exhibit 1 (Part
7) ISO Motion to Dismiss, # 8 Exhibit 1 (Part
8) ISO Motion to Dismiss, # 9 Exhibit 1 (Part
9) ISO Motion to Dismiss, # 10 Exhibit 1 (Part
10) ISO Motion to Dismiss, # 11 Exhibit 2 ISO
Motion to Dismiss)(Lyons, Daniel) (Entered: 06/02/2008) |
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06/02/2008 |
DECLARATION of Daniel A. Lyons in
support of MOTION to Dismiss Second Amended Consolidated Class Action
Complaint 279
filed by Defendants Patti M Dodge, Brad A Morrice, Consol Defendant Edward F
Gotschall. (Attachments: # 1 Exhibit A (Part
1) to Declaration of Daniel A. Lyons ISO Motion to Dismiss, # 2 Exhibit A (Part
2) to Declaration of Daniel A. Lyons ISO Motion to Dismiss, # 3 Exhibit A (Part
3) to Declaration of Daniel A. Lyons ISO Motion to Dismiss, # 4 Exhibit A (Part
4) to Declaration of Daniel A. Lyons ISO Motion to Dismiss, # 5 Exhibit A (Part
5) to Declaration of Daniel A. Lyons ISO Motion to Dismiss, # 6 Exhibit A (Part
6) to Declaration of Daniel A. Lyons ISO Motion to Dismiss)(Lyons, Daniel)
(Entered: 06/02/2008) |
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06/02/2008 |
NOTICE OF MOTION AND MOTION to
Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT filed by Defendant
KPMG LLP. Motion set for hearing on 9/8/2008 at 10:00 AM before Judge Dean D.
Pregerson. (Kelley, Michael) (Entered: 06/02/2008) |
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|
06/02/2008 |
NOTICE OF MOTION AND MOTION to
Strike PORTIONS OF Amended Complaint,,, 269 filed by
Defendant KPMG LLP. Motion set for hearing on 9/8/2008 at 10:00 AM before
Judge Dean D. Pregerson. (Kelley, Michael) (Entered: 06/02/2008) |
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|
06/02/2008 |
NOTICE OF MOTION AND MOTION to
Dismiss Second Amended Consolidated Class Action Complaint filed by Defendant
Robert K Cole. Motion set for hearing on 9/8/2008 at 10:00 AM before Judge
Dean D. Pregerson. (Attachments: # 1 Proposed
Order)(Baldwin, Peter) (Entered: 06/02/2008) |
|
|
06/02/2008 |
NOTICE OF MOTION AND MOTION to
Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT filed by
DEFENDANTS Bear Stearns & Co Inc, Deutsche Bank Securities Inc, Jefferies
& Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc, Piper
Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus & Company
Inc. Motion set for hearing on 9/8/2008 at 10:00 AM before Judge Dean D.
Pregerson. (Durrant, John) (Entered: 06/02/2008) |
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|
06/02/2008 |
REQUEST FOR JUDICIAL NOTICE re
MOTION to Dismiss Second Amended Consolidated Class Action Complaint 284 filed by
Defendant Robert K Cole. (Attachments: # 1 Exhibit Exhibits
1 through 25)(Baldwin, Peter) (Entered: 06/02/2008) |
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|
06/02/2008 |
OF SERVICE filed by Defendant
Robert K Cole, re Request for Judicial Notice, Request for Relief 286 , MOTION to
Dismiss Second Amended Consolidated Class Action Complaint 284 Proof of
Service by Mail served on June 2, 2008. (Baldwin, Peter) (Entered:
06/02/2008) |
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|
06/02/2008 |
REQUEST FOR JUDICIAL NOTICE re
MOTION to Strike PORTIONS OF Amended Complaint,,, 269 283 , MOTION to
Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT 282 filed by
Defendant KPMG LLP. (Attachments: # 1 Exhibit A-D)(Martin,
Robert) (Entered: 06/02/2008) |
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|
06/02/2008 |
REQUEST FOR JUDICIAL NOTICE re
MOTION to Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT 285 filed by
DEFENDANTS Bear Stearns & Co Inc, Deutsche Bank Securities Inc, Jefferies
& Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc, Piper
Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus & Company
Inc. (Attachments: # 1
Exhibit A-C, # 2
Exhibit D-G, # 3
Exhibit H-I)(Durrant, John) (Entered: 06/02/2008) |
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06/11/2008 |
NOTICE OF MOTION AND MOTION for
Joinder in MOTION to Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION
COMPLAINT 285
filed by defendant William J Popejoy. Motion set for hearing on 9/8/2008 at
10:00 AM before Judge Dean D. Pregerson. (Mascaro, Jame) (Entered:
06/11/2008) |
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|
06/11/2008 |
NOTICE OF MOTION AND MOTION for
Joinder in MOTION to Dismiss Second Amended Complaint 278 filed by consol
defendant William J Popejoy. Motion set for hearing on 9/8/2008 at 10:00 AM
before Judge Dean D. Pregerson. (Mascaro, Jame) (Entered: 06/11/2008) |
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|
06/12/2008 |
NOTICE of Change of Attorney
Information for attorney Ramzi Abadou counsel for Movants Paul R Aronson,
Laborers Pension Trust Fund for Northern California, Jack Roth. Ramzi Abadou
will no longer receive service of documents from the Clerks Office for the
reason indicated in the G-06 Notice.Ramzi Abadou is no longer attorney of
record for the aforementioned party in this case for the reason indicated in
the G-06 Notice. Filed by terminated movant Laborers Pension Trust Fund for
Northern California, Jack Roth, and Paul R. Aronson (Abadou, Ramzi) (Entered:
06/12/2008) |
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|
06/24/2008 |
NOTICE of Change of Attorney
Information for attorney Peter William Baldwin counsel for Defendant Robert K
Cole. Filed by Attorneys for Defendant Robert K. Cole (Attachments: # 1 Proof of Service
by Mail)(Baldwin, Peter) (Entered: 06/24/2008) |
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|
06/24/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: account
information was not updated in the ECF system RE: Notice of Change of
Attorney Information (G-06) 294 . In response
to this notice the court may order (1) an amended or correct document to be
filed (2) the document stricken or (3) take other action as the court deems
appropriate. (vh) (Entered: 06/25/2008) |
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|
06/26/2008 |
NOTICE OF ERRATA filed by
Defendant Robert K Cole. correcting Notice of Deficiency in Electronically
Filed Documents (G-112), Notice of Deficiency in Electronically Filed
Documents (G-112) 295
, Notice of Change of Attorney Information (G-06) 294 (Attachments: #
1 Proof of
Service by Mail)(Abascal, Manuel) (Entered: 06/26/2008) |
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|
07/07/2008 |
MEMORANDUM in Opposition to MOTION
to Strike PORTIONS OF Amended Complaint,,, 269 283 , MOTION to
Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT 285 , MOTION for
Joinder in MOTION to Dismiss Second Amended Complaint 278 291 , MOTION to
Dismiss Second Amended Complaint 278 , MOTION to
Dismiss Second Amended Consolidated Class Action Complaint 284 , MOTION to
Dismiss Second Amended Consolidated Class Action Complaint 279 , MOTION to
Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT 282 , MOTION for
Joinder in MOTION to Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION
COMPLAINT 285 290 filed by Consol
Plaintiffs Carl Larson, Charles Hooten, New York State Teachers' Retirement
System. (Nicholas, Blair) (Entered: 07/07/2008) |
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|
07/07/2008 |
DECLARATION OF SERVICE filed by
PLAINTIFF Carl Larson, Charles Hooten, New York State Teachers' Retirement
System, re MEMORANDUM in Opposition to Motion,, 297 OF ALL
DEFENDANTS TO DISMISS THE SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT
AND IN OPPOSITION TO THE MOTION OF DEFENDANT KPMG LLP TO STRIKE served on
July 7, 2008. (Nicholas, Blair) (Entered: 07/07/2008) |
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|
07/28/2008 |
REPLY in support of MOTION to
Dismiss Second Amended Consolidated Class Action Complaint 279 filed by
Defendants Patti M Dodge, Brad A Morrice, Consol Defendant Edward F
Gotschall. (Lyons, Daniel) (Entered: 07/28/2008) |
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|
07/28/2008 |
REPLY in support of MOTION to
Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT 285 filed by Consol
Defendants Bear Stearns & Co Inc, Deutsche Bank Securities Inc, Jefferies
& Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc, Piper
Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus & Company
Inc. (Sullivan, William) (Entered: 07/28/2008) |
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|
07/28/2008 |
REPLY in Support of MOTION to
Dismiss Second Amended Complaint 278 Pursuant to
Rule 12(b)(6) filed by Consol Defendants Fredric F Forster, Donald E
Lange, Michael M Sachs, Richard A Zona, Terrence P Sandvik, Marilyn A
Alexander, Harold A Black, David Einhorn. (Marsh, Stacy) (Entered:
07/28/2008) |
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|
07/28/2008 |
REPLY In Support Of MOTION to
Dismiss Second Amended Consolidated Class Action Complaint 284 filed by
Defendant Robert K Cole. (Attachments: # 1 Proof of
Service)(Baldwin, Peter) (Entered: 07/28/2008) |
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|
07/28/2008 |
REPLY in support of MOTION to
Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT 282 filed by Consol
Defendant KPMG LLP. (Kelley, Michael) (Entered: 07/28/2008) |
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|
07/28/2008 |
REPLY in support of MOTION to
Strike PORTIONS OF Amended Complaint,,, 269 283 filed by Consol
Defendant KPMG LLP. (Kelley, Michael) (Entered: 07/28/2008) |
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|
08/01/2008 |
NOTICE of Change of Address by
Laurel R Zaeske attorney for Consol Defendant William J Popejoy, changing
address to 2211 Michelson Drive, Seventh Floor, Irvine, CA 92612 effective
August 11, 2008. Filed by Defendant William J. Popejoy (Zaeske, Laurel)
(Entered: 08/01/2008) |
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|
08/04/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: new address
was was not updated in the ECF system RE: Notice of Change of Address, 305 . In response
to this notice the court may order (1) an amended or correct document to be
filed (2) the document stricken or (3) take other action as the court deems
appropriate. (vh) (Entered: 08/04/2008) |
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08/11/2008 |
MINUTES OF IN CHAMBERS ORDER held
before Judge Dean D. Pregerson: re: CONTINUING Motion hearing to 9/22/2008 at
10:00 AM before Judge Dean D. Pregerson. re MOTION to Dismiss SECOND AMENDED
CONSOLIDATED CLASS ACTION COMPLAINT 285 , MOTION for
Joinder in MOTION to Dismiss Second Amended Complaint 278 291 , MOTION to
Dismiss Second Amended Complaint 278 , MOTION to
Dismiss Second Amended Consolidated Class Action Complaint 279 , MOTION for
Joinder in MOTION to Dismiss SECOND AMENDED CONSOLIDATED CLASS ACTION
COMPLAINT 285 290 . (tad)
(Entered: 08/12/2008) |
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08/12/2008 |
NOTICE of Change of Attorney
Information for attorney Ronald Rus counsel for Consol Defendant William J
Popejoy. Adding Ronald Rus as attorney as counsel of record for Defendant
William J. Popejoy for the reason indicated in the G-06 Notice. Filed by
Defendant William J. Popejoy (Rus, Ronald) (Entered: 08/12/2008) |
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08/12/2008 |
NOTICE of Change of Attorney
Information for attorney Joel S Miliband counsel for Consol Defendant William
J Popejoy. Adding Joel S. Miliband as attorney as counsel of record for
Defendant William J. Popejoy for the reason indicated in the G-06 Notice.
Filed by Defendant William J. Popejoy (Miliband, Joel) (Entered: 08/12/2008) |
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08/12/2008 |
NOTICE OF SUPPLEMENTAL AUTHORITY
IN SUPPORT OF OPPOSITION TO THE MOTIONS TO DISMISS THE SECOND AMENDED
CONSOLIDATED CLASS ACTION COMPLAINT FILED BY ALL MOVING DEFENDANTS filed by
Consol Plaintiffs Carl Larson, Charles Hooten, New York State Teachers'
Retirement System re: MEMORANDUM in Opposition to Motion,, 297 (Nicholas,
Blair) (Entered: 08/12/2008) |
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08/12/2008 |
DECLARATION OF SERVICE filed by
PLAINTIFF Carl Larson, Charles Hooten, New York State Teachers' Retirement
System, re Miscellaneous Document, 310 served on
08/12/2008. (Nicholas, Blair) (Entered: 08/12/2008) |
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08/15/2008 |
Plaintiff filed by Consol
Plaintiffs Carl Larson, Charles Hooten, New York State Teachers' Retirement
System SECOND NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF OPPOSITION TO
THE MOTIONS TO DISMISS THE SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT
FILED BY ALL MOVING DEFENDANTS re: MEMORANDUM in Opposition to Motion,, 297 (Nicholas,
Blair) (Entered: 08/15/2008) |
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08/15/2008 |
DECLARATION OF SERVICE filed by
Plaintiff Carl Larson, Charles Hooten, New York State Teachers' Retirement
System, re Miscellaneous Document, 313 Second Notice
of Supplemental Authority served on 8/15/2008. (Nicholas, Blair)
(Entered: 08/15/2008) |
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08/21/2008 |
EX PARTE APPLICATION for Leave to
to File DEFENDANTS' JOINT EX PARTE APPPLICATION FOR AN ORDER PERMITTING
DEFENDANTS TO FILE RESPONSES TO PLAINTIFFS' FIRST AND SECOND NOTICES OF
SUPPLEMENTAL AUTHORITY filed by defendant KPMG LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Kelley, Michael) (Entered: 08/21/2008) |
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08/21/2008 |
PROOF OF SERVICE filed by
Defendant KPMG LLP, re EX PARTE APPLICATION for Leave to to File DEFENDANTS'
JOINT EX PARTE APPPLICATION FOR AN ORDER PERMITTING DEFENDANTS TO FILE
RESPONSES TO PLAINTIFFS' FIRST AND SECOND NOTICES OF SUPPLEMENTAL AUTHORITY
315 PROOF OF
SERVICE served on 8/21/08. (Kelley, Michael) (Entered: 08/21/2008) |
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08/25/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: missing
formally prepared proposed order which should have been submitted as a separate
attachment to main document. RE: EX PARTE APPLICATION for Leave to to File DEFENDANTS'
JOINT EX PARTE APPPLICATION FOR AN ORDER PERMITTING DEFENDANTS TO FILE
RESPONSES TO PLAINTIFFS' FIRST AND SECOND NOTICES OF SUPPLEMENTAL AUTHORITY
315 . In
response to this notice the court may order (1) an amended or correct
document to be filed (2) the document stricken or (3) take other action as
the court deems appropriate. (lc) (Entered: 08/25/2008) |
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08/25/2008 |
ORDER GRANTING DEFENDANTS JOINT EX
PARTE APPLICATION FOR AN ORDER PERMITTING DEFENDANTS TO FILE RESPONSES TO
PLAINTIFFS FIRSTAND SECOND NOTICES OF SUPPLEMENTAL AUTHORITY 315 by Judge Dean
D. Pregerson (lc) Modified on 8/25/2008 (lc). (Entered: 08/25/2008) |
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09/09/2008 |
Third Notice of Supplemental
Authority filed by Consol Plaintiffs Carl Larson, Charles Hooten, New York
State Teachers' Retirement System In Support Of Opposition To The Motions
To Dismiss The Second Amended Consolidated Class Action Complaint Filed By
All Moving Defendants re: MEMORANDUM in Opposition to Motion,, 297 (Graziano,
Salvatore) (Entered: 09/09/2008) |
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09/09/2008 |
DECLARATION OF SERVICE filed by
Plaintiff Carl Larson, Charles Hooten, New York State Teachers' Retirement
System, re Miscellaneous Document, 319 served on
09/09/2008. (Graziano, Salvatore) (Entered: 09/09/2008) |
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09/11/2008 |
RESPONSE IN SUPPORT of MOTION to
Dismiss Second Amended Consolidated Class Action Complaint 279 OFFICER
DEFENDANTS' RESPONSE TO PLAINTIFFS' THIRD NOTICE OF SUPPLEMENTAL AUTHORITY
filed by Defendants Patti M Dodge, Brad A Morrice, Consol Defendant Edward F
Gotschall. (Lyons, Daniel) (Entered: 09/11/2008) |
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09/15/2008 |
EX PARTE APPLICATION for Leave to
To File KPMG LLP's EX PARTE APPLICATION FOR AN ORDER TO FILE STATEMENT OF
RECENT DECISION filed by Defendant KPMG LLP. (Attachments: # 1 Exhibit
A)(Kelley, Michael) (Entered: 09/15/2008) |
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09/15/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: Missing the
formal proposed ex parte order which should have been submitted as a separate
attachment to main document. RE: EX PARTE APPLICATION for Leave to To File
KPMG LLP's EX PARTE APPLICATION FOR AN ORDER TO FILE STATEMENT OF RECENT
DECISION 322 .
In response to this notice the court may order (1) an amended or correct
document to be filed (2) the document stricken or (3) take other action as
the court deems appropriate. (lc) (Entered: 09/15/2008) |
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09/15/2008 |
EX PARTE APPLICATION for Order for
[PROPOSED] ORDER GRANTING KPMG LLP'S EX PARTE APPLICATION FOR AN ORDER TO
FILE STATEMENT OF RECENT DECISION filed by DEFENDANT KPMG LLP.(Kelley,
Michael) (Entered: 09/15/2008) |
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09/16/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: Wrong
event: ex parte application (order); PDF is the proposed order which should
not have been e-filed in itself, but submitted as a separate attachment to
main document. RE: EX PARTE APPLICATION for Order for [PROPOSED] ORDER
GRANTING KPMG LLP'S EX PARTE APPLICATION FOR AN ORDER TO FILE STATEMENT OF
RECENT DECISION 324
. In response to this notice the court may order (1) an amended or correct
document to be filed (2) the document stricken or (3) take other action as
the court deems appropriate. (lc) (Entered: 09/16/2008) |
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09/22/2008 |
MINUTES OF Motion Hearing held
before Judge Dean D. Pregerson: RE MOTION TO DISMISS SECOND AMENDED COMPLAINT
FILED BY DEFENDANTS FREDRIC F. FORSTER, DONALD E. LANGE, MICHAEL M. SACHS,
RICHARD A. ZONA, TERRENCE P. SANDVIK,MARILYN A. ALEXANDER, HAROLD A. BLACK,
DAVID EINHORN;MOTION TO DISMISS SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT
FILED BY DEFENDANTS PATTI M. DODGE, BRAD A. MORRICE, EDWARD F.
GOTSCHALL;MOTION TO STRIKE PORTIONS OF SECOND AMENDED COMPLAINT FILED BY
DEFENDANT KPMG LLP;MOTION TO DISMISS SECOND AMENDED CONSOLIDATED CLASS ACTION
COMPLAINT FILED BY DEFENDANT ROBERT K. COLE; MOTION TO DISMISS SECOND AMENDED
CONSOLIDATED CLASS ACTION COMPLAINT FILED BYDEFENDANTS BEAR STEARNS & CO.
INC, DEUTSCHE BANK SECURITIES INC, JEFFERIES &COMPANY INC, JMP SECURITIES
LLC, MORGAN STANLEY & CO. INC, PIPER JAFFRAY & CO.,ROTH CAPITAL PARTNERS
LLC, STIFEL NICOLAUS & COMPANY INC. 278 , 279 , 282 , 283 , 284 , 285 ,and JOINDER BY
DEFENDANT POPEJOY IN MOTION BY DIRECTORS DEFENDANTS and JOINDER BY DEFENDANT
POPEJOY IN MOTION BY UNDERWRITER DEFENDANTS 290 , 291 .Court hears
oral argument and takes the matters under submission.Court Reporter: Maria
Bustillos. (lc) (Entered: 09/22/2008) |
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10/31/2008 |
OF SERVICE filed by Defendants
Patti M Dodge, Brad A Morrice, Edward F Gotschall, served on October 31,
2008. (Lyons, Daniel) (Entered: 10/31/2008) |
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10/31/2008 |
SUPPLEMENT to MOTION to Dismiss
Second Amended Consolidated Class Action Complaint 279 filed by
Defendants Patti M Dodge, Brad A Morrice, Consol Defendant Edward F
Gotschall. (Attachments: # 1 Exhibit A to Defendants'
Notide of Supplemental Authority ISO Defendants' Motions to Dismiss)(Lyons,
Daniel) (Entered: 10/31/2008) |
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11/07/2008 |
Second Amended Certificate and Notice of Interested Parties filed by
Defendants Bear Stearns & Co Inc, Deutsche Bank Securities Inc, Jefferies
& Company Inc, JMP Securities LLC, Morgan Stanley & Co Inc, Piper
Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus & Company
Inc, (Durrant, John) (Entered: 11/07/2008) |
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12/02/2008 |
Fourth Notice Of Supplemental
Authority filed by Consol Plaintiffs Carl Larson, Charles Hooten, New York
State Teachers' Retirement System In Support Of Opposition To The Motions
To Dismiss The Second Amended Consolidated Class Action Complaint Filed By
All Moving Defendants re: MEMORANDUM in Opposition to Motion,, 297 (Attachments: #
1 Exhibit
A)(Graziano, Salvatore) (Entered: 12/02/2008) |
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12/02/2008 |
DECLARATION OF SERVICE filed by
Consol Plaintiffs Carl Larson, Charles Hooten, New York State Teachers'
Retirement System, re Miscellaneous Document, 330 served on
12/02/08. (Graziano, Salvatore) (Entered: 12/02/2008) |
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12/02/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: Wrong
event: miscellaneous document; correct event: supplement (motion related
documents) RE: Miscellaneous Document, 330 . In response
to this notice the court may order (1) an amended or correct document to be
filed (2) the document stricken or (3) take other action as the court deems
appropriate. (lc) (Entered: 12/02/2008) |
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12/03/2008 |
ORDER the Court substantially
DENIES Defendants motions to dismiss 279 , 282 , 284 , 285 , 290
. 291 and DENIES
Defendant KPMGs motion to strike 283 . The Court
dismisses allegations of false and misleading statements that rely on the
group pleading doctrine by Judge Dean D. Pregerson (lc) (Entered: 12/03/2008) |
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12/11/2008 |
Joint STIPULATION for Extension of
Time to File Response as to Amended Complaint,,, 269 filed by
Defendants Patti M Dodge, Brad A Morrice, Edward F Gotschall. (Attachments: #
1 Proposed Order
Proposed Order Regarding Scheduling)(McDowell, Kathleen) (Entered:
12/11/2008) |
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12/12/2008 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: wrong
event: extension of file to file response ; Correct
event: extend time to file answer 30 days or less, or 30 days or more as
applicable. Combined format of stipulation and order wherein the order is on
the last page is not applicable in e-filing. However, clerk Notes a proper
proposed order was submitted as a separate attachment. RE: Stipulation for
Extension of Time to File Response/Reply, 334 . In response to
this notice the court may order (1) an amended or correct document to be
filed (2) the document stricken or (3) take other action as the court deems
appropriate. (lc) (Entered: 12/12/2008) |
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12/15/2008 |
STIPULATION for Extension of Time
to File Answer to January 26, 2009 re Amended Complaint,,, 269 filed by
Defendants Patti M Dodge, Brad A Morrice, Edward F Gotschall. (Attachments: #
1 Proposed Order
Proposed Order Regarding Scheduling)(McDowell, Kathleen) (Entered:
12/15/2008) |
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12/16/2008 |
REQUEST to Substitute attorney
Skadden, Arps, Slate, Meagher & Flom LLP in place of attorney Munger,
Tolles & Olson LLP Request for Approval of Substitution of Attorney
and [Proposed] Order filed by Defendant Edward F Gotschall. (Attachments:
# 1 Proposed
Order)(Posner, Harriet) (Entered: 12/16/2008) |
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12/19/2008 |
NOTICE of Appearance filed by
attorney Elizabeth P Lin on behalf of Consol Plaintiff New York State
Teachers' Retirement System (Lin, Elizabeth) (Entered: 12/19/2008) |
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12/19/2008 |
DECLARATION OF SERVICE filed by
Plaintiff New York State Teachers' Retirement System, re Notice of Appearance
338 served on
12/19/2008. (Lin, Elizabeth) (Entered: 12/19/2008) |
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12/19/2008 |
ORDER granting Stipulation to
Extend Time to Answer second amended complaint 336 as to dfendants
defendants Patti M Dodge,Brad A Morriceand Edward F Gotschallto1/26/2009 by
Judge Dean D. Pregerson (lc) (Entered: 12/19/2008) |
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12/22/2008 |
STIPULATION for Extension of Time
to File Answer to February 9, 2009 re Amended Complaint,,,
269 filed by
Defendant Edward F Gotschall. (Attachments: # 1 Proposed
Order)(Posner, Harriet) (Entered: 12/22/2008) |
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12/22/2008 |
ORDER by Judge Dean D. Pregerson
Granting Defendant Edward F. Gotschall request to substitute Skadden, Arps,
Slate, Meagher & Flom LLP in place of Munger, Tolles & Olson LLP 337 . Substituting
attorney Harriet S Posner for Edward F Gotschall in place and stead of
attorney Kevin S Allred. (lc) (Entered: 12/22/2008) |
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12/24/2008 |
ORDER upon re Stipulation 341 extending
Defendant Edward F Gotschall time to answer Lead Plaintiffs Second Amended
Consolidated Class Action Complaint 2/9/2009 by Judge Dean D. Pregerson (lc)
(Entered: 12/24/2008) |
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01/02/2009 |
NOTICE of Change of Attorney
Information for attorney Robert B Martin, III counsel for Consol Defendant
KPMG LLP.Geoffrey M. Ezgar is no longer attorney of record for the
aforementioned party in this case for the reason indicated in the G-06
Notice. Filed by defendant KPMG LLP (Martin, Robert) (Entered: 01/02/2009) |
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01/26/2009 |
ANSWER to Amended Complaint,,, 269 with JURY
DEMAND filed by defendant Patti M Dodge.(Lyons, Daniel) (Entered: 01/26/2009) |
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01/26/2009 |
ANSWER to Amended Complaint,,, 269 filed by
defendant Brad A Morrice.(Lyons, Daniel) (Entered: 01/26/2009) |
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01/26/2009 |
PROOF OF SERVICE filed by
defendants Patti M Dodge, Brad A Morrice, re Answer to Complaint (Discovery) 345 , Answer to
Complaint (Discovery) 346
served on 01/26/2009. (Lyons, Daniel) (Entered: 01/26/2009) |
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01/26/2009 |
ANSWER to Amended Complaint,,, 269 filed by
Defendant William J Popejoy.(Rus, Ronald) (Entered: 01/26/2009) |
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01/26/2009 |
ANSWER to Plaintiffs' Second
Amended Complaint filed by Defendants Fredric F Forster, Donald E Lange,
Michael M Sachs, Richard A Zona, Terrence P Sandvik, Marilyn A Alexander,
Harold A Black, David Einhorn.(Young, Meryl) (Entered: 01/26/2009) |
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01/26/2009 |
ANSWER to Amended Complaint,,, 269 filed by
DEFENDANT Robert K Cole. (Attachments: # 1 Certificate of
Service)(Baldwin, Peter) (Entered: 01/26/2009) |
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01/26/2009 |
ANSWER to Amended Complaint,,, 269 filed by
Underwriter Defendants Bear Stearns & Co Inc, Deutsche Bank Securities
Inc, Jefferies & Company Inc, JMP Securities LLC, Morgan Stanley & Co
Inc, Piper Jaffray & Co, Roth Capital Partners LLC, Stifel Nicolaus &
Company Inc.(Sullivan, William) (Entered: 01/26/2009) |
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01/26/2009 |
ANSWER to Amended Complaint,,, 269 filed by
Defendant KPMG LLP.(Kelley, Michael) (Entered: 01/26/2009) |
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01/27/2009 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: The
required LR 7.1.1 Certificate of Interested Party has not been filed RE:
ANSWERS BY VARIOUS DEFENDANTS TO SECOND AMENDED CONSOLIDATED COMPLAINT:
Answer to Complaint 350
, Answer to Complaint 352
, Answer to Complaint (Discovery) 345 , Answer to
Complaint 349 ,
Answer to Complaint (Discovery) 346 , Answer to
Complaint, 351 ,
Answer to Complaint 348
. In response to this notice the court may order (1) an amended or correct
document to be filed (2) the document stricken or (3) take other action as
the court deems appropriate. (lc) (Entered: 01/27/2009) |
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01/27/2009 |
NOTICE OF CLERICAL ERROR: Due to
clerical error Re: Notice of Deficiency in Electronically Filed Documents
(G-112) regarding missing certificate of interested party, Erroneously
included Bear Stearns defendants 353 whose certicate
of interested party is previously on file as docket entry # 221 (lc)
(Entered: 01/27/2009) |
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01/27/2009 |
PROOF OF SERVICE filed by
Defendant KPMG LLP, re Answer to Complaint 352 PROOF OF
SERVICE served on January 27, 2009. (Martin, Robert) (Entered:
01/27/2009) |
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01/27/2009 |
NOTICE OF CLERICAL ERROR: Due to
clerical error Re: Notice of Deficiency in Electronically Filed Documents
(G-112), 353
erroneously included defendant KPMG LLP, whose certificate of interested
party is on file as docket entry #210 (lc) (Entered: 01/27/2009) |
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01/27/2009 |
NOTICE of Interested Parties filed
by Defendants Patti M Dodge, Brad A Morrice, identifying Brad A. Morrice;
Patti M. Dodge; ACE American Insurance Company; American International
Specialty Lines Insurance Company, a unit of American International Group,
Inc. (AIG); Arch Insurance Company; Axis Reinsurance Company; Continental Casualty
Company (CNA Financial); Liberty Mutual Insurance Company; Lloyd's of London;
Navigators Insurance Company; Starr Excess Liability Insurance Company, Ltd.;
Twin City Fire Insurance Company, a member of the Hartford Group; XL
Specialty Insurance Company. (Lyons, Daniel) (Entered: 01/27/2009) |
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01/27/2009 |
PROOF OF SERVICE filed by
defendants Patti M Dodge, Brad A Morrice, re Certificate/Notice of Interested
Parties,, 357 served on
1/27/2009. (Lyons, Daniel) (Entered: 01/27/2009) |
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01/27/2009 |
NOTICE of Interested Parties filed
by DEFENDANT Robert K Cole, (Attachments: # 1 Certificate of
Service)(Baldwin, Peter) (Entered: 01/27/2009) |
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|
01/29/2009 |
Notice of Interested Parties filed
by Defendant William J. Popejoy
NOTICE of Interested Parties filed by Defendant William J. Popejoy William J
Popejoy, (Rus, Ronald) (Entered: 01/29/2009) |
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01/29/2009 |
NOTICE of Change of Attorney
Information for attorney Bradley H Ellis counsel for Consol Defendant KPMG
LLP. Adding Bradley H. Ellis as attorney as counsel of record for KPMG LLP
for the reason indicated in the G-06 Notice. Filed by Defendant KPMG LLP
(Ellis, Bradley) (Entered: 01/29/2009) |
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02/05/2009 |
NOTICE of Change of Attorney
Information for attorney Benjamin Galdston counsel for Consol Plaintiff New
York State Teachers' Retirement System. Adding Benjamin Galdston as attorney
as counsel of record for New York State Teachers' Retirement System for the
reason indicated in the G-06 Notice. Filed by Lead Plaintiff New York State
Teachers' Retirement System (Attachments: # 1 Declaration Of
Service)(Galdston, Benjamin) (Entered: 02/05/2009) |
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02/06/2009 |
NOTICE of Change of Attorney
Information for attorney Matthew Patrick Jubenville counsel for Consol
Plaintiff New York State Teachers' Retirement System. Adding Matthew P.
Jubenville as attorney as counsel of record for New York Teachers' Retirement
System for the reason indicated in the G-06 Notice. Filed by Lead Plaintiff
New York State Teachers' Retirement System (Attachments: # 1 Declaration of
Service)(Jubenville, Matthew) (Entered: 02/06/2009) |
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02/06/2009 |
APPLICATION for attorney Lauren A.
McMillen to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Lead Plaintiff
New York State Teachers' Retirement System. (Attachments: # 1 Exhibit
Certificate of Good Standing, # 2 Proposed Order, #
3 Declaration Of
Service)(Nicholas, Blair) (Entered: 02/06/2009) |
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02/09/2009 |
INDEPENDENT DIRECTOR DEFENDANTS' AMENDED NOTICE of Interested Parties filed by Defendants
Fredric F Forster, Donald E Lange, Michael M Sachs, Richard A Zona, Terrence
P Sandvik, Marilyn A Alexander, Harold A Black, David Einhorn, (Lilly,
Matthew) (Entered: 02/09/2009) |
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02/11/2009 |
Stipulation For Substitution of
Party filed by Consol Plaintiff New York State Teachers' Retirement System
(Attachments: # 1
Proposed Order, # 2
Declaration of Service)(Lin, Elizabeth) (Entered: 02/11/2009) |
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02/12/2009 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: wrong
event: miscellaneous document; correct event: stipulation: order) RE:
Miscellaneous Document 366 . In response
to this notice the court may order (1) an amended or correct document to be
filed (2) the document stricken or (3) take other action as the court deems
appropriate. (lc) (Entered: 02/12/2009) |
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02/17/2009 |
NOTICE OF FILING FEE DUE on Pro
Hac Vice Application mailed to attorney Lauren A McMillen for Consol
Plaintiff New York State Teachers' Retirement System re 364 . (ds)
(Entered: 02/17/2009) |
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|
02/20/2009 |
NOTICE of Change of Attorney
Information: Attorney Douglas M Risen will no longer receive service of
documents from the Clerks Office for the reason indicated in the G-06
Notice.Douglas M Risen is no longer attorney of record in this case for the
reason indicated in the G-06 Notice.Douglas M Risen is no longer attorney of
record in this case for the reason indicated in the G-06 Notice. Filed by
Douglas M Risen attorney for movant Joe Verne (lc) (Entered: 02/20/2009) |
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03/03/2009 |
ORDER FOR SUBSTITUTION OF PARTY 366 : Susan
Gotschall, as representative of the Estate of Edward Gotschall, shall be substituted
as a party defendant in place of Decedent Edward Gotschall. Respresentative
shall file ans wserve its answer to the Second Amended Consolidated Class
Action Complaint within 30 days of entry of this order. Representative shall
serve its initial discosures under Rule 26(a)(1) within 30 days fo entry of
this order by Judge Dean D. Pregerson, (lc) (Entered: 03/03/2009) |
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03/06/2009 |
NOTICE of Change of Attorney
Information for attorney Jarrett A Green counsel for Consol Defendant Edward
F Gotschall. Adding Jarrett A. Green as attorney as counsel of record for The
Estate of Edward Gotschall for the reason indicated in the G-06 Notice. Filed
by Defendant The Estate of Edward Gotschall (Green, Jarrett) (Entered:
03/06/2009) |
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03/13/2009 |
ORDER by Judge Dean D. Pregerson
Granting APPLICATION for attorney Lauren A. McMillen to Appear Pro Hac Vice
(PHV FEE NOT PAID.) APPLICATION for attorney Lauren A. McMillen to Appear Pro
Hac Vice (PHV FEE NOT PAID.) 364 by Lauren A
McMillen to appear on behalf of Consol Plaintiff New York State Teachers'
Retirement System.Blair A Nicholas is designated as local counsel. Fee paid.
(lc) (Entered: 03/13/2009) |
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|
03/25/2009 |
NOTICE of Change of Attorney
Information for attorney Blake M Harper counsel for Movant Donald Johnson.
Filed by Movant Donald Johnson (Harper, Blake) (Entered: 03/25/2009) |
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|
03/25/2009 |
PROOF OF SERVICE filed by
Plaintiff Donald Johnson, re Notice of Change of Attorney Information (G-06) 374 served on
3/25/09. (Harper, Blake) (Entered: 03/25/2009) |
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|
03/26/2009 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: account
information was not updated RE: Notice of Change of Attorney Information
(G-06) 374 . In
response to this notice the court may order (1) an amended or correct
document to be filed (2) the document stricken or (3) take other action as
the court deems appropriate. (vh) (Entered: 03/26/2009) |
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|
04/03/2009 |
Joint STIPULATION for Discovery as
to Inadvertent Production of Privileged Materials and Production of
Non-Public Personal Information filed by Lead Plaintiff New York State
Teachers' Retirement System. (Attachments: # 1 Proposed
Order)(Lin, Elizabeth) (Entered: 04/03/2009) |
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|
04/03/2009 |
Certificate OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System, re Stipulation for
Discovery, 378
served on April 3, 2009. (Lin, Elizabeth) (Entered: 04/03/2009) |
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|
04/06/2009 |
MINUTES OF (IN CHAMBERS) ORDER by
Judge Dean D. Pregerson re Stipulation for Discovery 378 . COUNSEL ARE
NOTIFIED that the document entitled JOINT STIPULATION FOR DISCOVERY AS TO
INADVERTENT PRODUCTION OF PRIVILEGED MATERIALS AND PRODUCTION OF NON-PUBLIC
PERSONAL INFORMATION FILED BY LEAD PLAINTIFF NEW YORK STATE TEACHERS'
RETIREMENT SYSTEM, filed on April 3, 2009, docket number 378 was filed
incorrectly and therefore VACATED. (sch) (Entered: 04/06/2009) |
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|
04/06/2009 |
Joint STIPULATION for Discovery as
to Inadvertent Production of Privileged Materials and Production of
Non-Public Personal Information filed by Lead Plaintiff New York State
Teachers' Retirement System. (Attachments: # 1 Proposed
Order)(Lin, Elizabeth) (Entered: 04/06/2009) |
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|
04/06/2009 |
CERTIFICATE OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System, re Stipulation for
Discovery, 381
served on 4/6/09. (Lin, Elizabeth) (Entered: 04/06/2009) |
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|
04/07/2009 |
ORDER REGARDING INADVERTENT
PRODUCTION OF PRIVILEGED MATERIALS AND PRODUCTION OF NON-PUBLIC PERSONAL
INFORMATION by Magistrate Judge Fernando M. Olguin, re Stipulation for
Discovery, 381 .
(See document for details). (mr) (Entered: 04/07/2009) |
|
|
04/21/2009 |
Agreement To Be Bound By Order
filed by Consol Defendant KPMG LLP re: Order 383 (Attachments: #
1 Exhibit Order
Regarding Inadvertent Production)(Ellis, Bradley) (Entered: 04/21/2009) |
|
|
05/08/2009 |
NOTICE OF MOTION AND MOTION to
Compel the Production of Documents From Defendant KPMG LLP filed by Lead
Plaintiff New York State Teachers' Retirement System. Motion set for hearing
on 6/3/2009 at 10:00 AM before Magistrate Judge Fernando M. Olguin.
(Attachments: # 1
Proposed Order)(Lin, Elizabeth) (Entered: 05/08/2009) |
|
|
05/08/2009 |
JOINT STIPULATION to MOTION to
Compel the Production of Documents From Defendant KPMG LLP 387 filed by Consol
Plaintiff New York State Teachers' Retirement System. (Lin, Elizabeth)
(Entered: 05/08/2009) |
|
|
05/08/2009 |
DECLARATION of Elizabeth Lin In
Support Of MOTION to Compel the Production of Documents From Defendant KPMG
LLP 387 filed by
Consol Plaintiff New York State Teachers' Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit B, Part
1, # 4 Exhibit
B, Part II, # 5
Exhibit B, Part III, # 6 Exhibit B, Part
IV, # 7 Exhibit
C, Part I, # 8
Exhibit C, Part II, # 9
Exhibit D, # 10
Exhibit E, Part I, # 11
Exhibit E, Part II, # 12
Exhibit F, # 13
Exhibit G, # 14
Exhibit H, # 15
Exhibit I, # 16
Exhibit J, # 17
Exhibit K, # 18
Exhibit L, # 19
Exhibit M, # 20
Exhibit N, # 21
Exhibit O, # 22
Exhibit P, # 23
Exhibit Q, # 24
Exhibit R)(Lin, Elizabeth) (Entered: 05/08/2009) |
|
|
05/08/2009 |
DECLARATION of Jodi E. Lopez in
opposition to MOTION to Compel the Production of Documents From Defendant
KPMG LLP 387
filed by Consol Plaintiff New York State Teachers' Retirement System.
(Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D)(Lin, Elizabeth) (Entered: 05/08/2009) |
|
|
05/08/2009 |
CERTIFICATE OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System, re Declaration
(Motion related), Declaration (Motion related), Declaration (Motion related) 389 , MOTION to
Compel the Production of Documents From Defendant KPMG LLP 387 , Declaration
(Motion related), Declaration (Motion related) 390 , Joint
Stipulation re Discovery Motion 388 served on
5/8/09. (Lin, Elizabeth) (Entered: 05/08/2009) |
|
|
05/20/2009 |
SUPPLEMENT to MOTION to Compel the
Production of Documents From Defendant KPMG LLP 387 filed by Consol
Plaintiff New York State Teachers' Retirement System. (Attachments: # 1 Exhibit A)(Lin,
Elizabeth) (Entered: 05/20/2009) |
|
|
05/20/2009 |
CERTIFICATE OF SERVICE filed by
Plaintiff New York State Teachers' Retirement System, re Supplement(Motion
related) 392 served
on May 20, 2009. (Lin, Elizabeth) (Entered: 05/20/2009) |
|
|
05/20/2009 |
SUPPLEMENT to MOTION to Compel the
Production of Documents From Defendant KPMG LLP 387 filed by Consol
Defendant KPMG LLP. (Ellis, Bradley) (Entered: 05/20/2009) |
|
|
05/20/2009 |
DECLARATION of Jodi E. Lopez in
opposition to MOTION to Compel the Production of Documents From Defendant
KPMG LLP 387
filed by Consol Defendant KPMG LLP. (Attachments: # 1 Exhibit, # 2 Exhibit)(Ellis,
Bradley) (Entered: 05/20/2009) |
|
|
05/21/2009 |
CERTIFICATE OF SERVICE filed by
Defendant KPMG LLP, re Supplement(Motion related) 394 , Declaration
(Motion related) 395
served on May 20, 2009. (Ellis, Bradley) (Entered: 05/21/2009) |
|
|
05/29/2009 |
MINUTES OF IN CHAMBERS RE:
VACATING HEARING ON PLAINTIFFS' MOTION TO COMPEL by Magistrate Judge Fernando
M. Olguin: IT IS ORDERED THAT the hearing set for June 3, 2009, at 10:00 a.m.
with respect to plaintiffs' Motion to Compel is hereby vacated. The court's
decision on the Motion to Compel will follow. (mr) (Entered: 05/29/2009) |
|
|
06/09/2009 |
Joint STIPULATION for Protective
Order filed by Defendant KPMG LLP.(Ellis, Bradley) (Entered: 06/09/2009) |
|
|
06/11/2009 |
NOTICE OF ERRATA filed by Consol
Defendant KPMG LLP. correcting Stipulation for Protective Order 398 (Ellis,
Bradley) (Entered: 06/11/2009) |
|
|
06/11/2009 |
Joint STIPULATION for Protective
Order filed by Defendant KPMG LLP.(Ellis, Bradley) (Entered: 06/11/2009) |
|
|
06/16/2009 |
ORDER RE: PARTIES' PROPOSED
PROTECTIVE ORDER 400
by Magistrate Judge Fernando M. Olguin. The court is unable to adopt the
Protective Order as stipulated to by the parties. (See document for further
details). (mr) (Entered: 06/16/2009) |
|
|
07/08/2009 |
ORDER Re: DISCOVERY MOTION by
Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT: Plaintiffs' Motion
to Compel the Production of Documents from Defendant KPMG LLP (Document No. 387 ) is granted to
the extent set forth in this Order. Defendant KPMG shall respond, under oath,
to plaintiffs' First Request for Production of Documents (and, if
appropriate, provide supplemental written responses) no later than July 29,
2009. (mr) (Entered: 07/08/2009) |
|
|
07/21/2009 |
NOTICE OF MOTION AND Second MOTION
to Compel the Production of Documents From Defendant KPMG LLP and Compliance
With the Court's June 16, 2009 Order filed by Lead Plaintiff New York State
Teachers' Retirement System. Motion set for hearing on 8/12/2009 at 10:00 AM
before Magistrate Judge Fernando M. Olguin. (Attachments: # 1 Proposed
Order)(Lin, Elizabeth) (Entered: 07/21/2009) |
|
|
07/21/2009 |
NOTICE OF MOTION AND MOTION for
Protective Order for Confidentiality filed by Defendant KPMG LLP. Motion set
for hearing on 8/12/2009 at 10:00 AM before Magistrate Judge Fernando M.
Olguin. (Attachments: # 1 Proposed Order
Proposed Protective Order)(Martin, Robert) (Entered: 07/21/2009) |
|
|
07/21/2009 |
DECLARATION of Louise Williamson
In Support of MOTION for Protective Order for Confidentiality 404 filed by Consol
Defendant KPMG LLP. (Martin, Robert) (Entered: 07/21/2009) |
|
|
07/21/2009 |
JOINT STIPULATION to Second MOTION
to Compel the Production of Documents From Defendant KPMG LLP and Compliance
With the Court's June 16, 2009 Order 403 , and KPMG's
Motion for a Protective Order 404 filed by
Consol Plaintiff New York State Teachers' Retirement System. (Lin, Elizabeth)
(Entered: 07/21/2009) |
|
|
07/21/2009 |
DECLARATION of Robert B. Martin
III In Support Of MOTION for Protective Order for Confidentiality 404 filed by Consol
Defendant KPMG LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit
J)(Martin, Robert) (Entered: 07/21/2009) |
|
|
07/21/2009 |
DECLARATION of Elizabeth Lin In
Support Of Second MOTION to Compel the Production of Documents From Defendant
KPMG LLP and Compliance With the Court's June 16, 2009 Order 403 filed by Consol
Plaintiff New York State Teachers' Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, Part
1, # 13 Exhibit
L, Part 2, # 14
Exhibit L, Part 3, # 15
Exhibit L, Part 4, # 16
Exhibit L, Part 5)(Lin, Elizabeth) (Entered: 07/21/2009) |
|
|
07/21/2009 |
DECLARATION OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System, re Declaration
(Motion related), Declaration (Motion related), Declaration (Motion related) 408 , Joint
Stipulation re Discovery Motion, 406 , Second MOTION
to Compel the Production of Documents From Defendant KPMG LLP and Compliance
With the Court's June 16, 2009 Order 403 served on July
21, 2009. (Lin, Elizabeth) (Entered: 07/21/2009) |
|
|
07/29/2009 |
SUPPLEMENT to MOTION for
Protective Order for Confidentiality 404 SUPPLEMENTAL
MEMORANDUM IN SUPPORT OF KPMG LLPS MOTION FOR A PROTECTIVE ORDER filed by
Consol Defendant KPMG LLP. (Martin, Robert) (Entered: 07/29/2009) |
|
|
07/29/2009 |
DECLARATION of Robert B Martin III
in Support of MOTION for Protective Order for Confidentiality 404 SUPPLEMENTAL
DECLARATION OF ROBERT B. MARTIN III IN SUPPORT OF KPMG LLPS MOTION FOR A
PROTECTIVE ORDER filed by Consol Defendant KPMG LLP. (Martin, Robert)
(Entered: 07/29/2009) |
|
|
07/29/2009 |
SUPPLEMENT to Second MOTION to
Compel the Production of Documents From Defendant KPMG LLP and Compliance
With the Court's June 16, 2009 Order 403 Supplemental
Memorandum In Further Support Of Plaintiffs' Second Motion To Compel The
Production Of Documents From Defendant KPMG LLP And Compliance With The
Court's June 16, 2009 Order (Pursuant To L.R. 37-2.3) filed by Consol
Plaintiff New York State Teachers' Retirement System. (Lin, Elizabeth)
(Entered: 07/29/2009) |
|
|
07/29/2009 |
DECLARATION of Benjamin Galdston
In Support Of Second MOTION to Compel the Production of Documents From
Defendant KPMG LLP and Compliance With the Court's June 16, 2009 Order 403 Declaration
of Benjamin Galdston In Support Of Plaintiffs' Second Motion To Compel The
Production Of Documents From Defendant KPMG LLP And Compliance With The
Court's June 16, 2009 Order filed by Consol Plaintiff New York State
Teachers' Retirement System. (Attachments: # 1 Exhibit A)(Lin,
Elizabeth) (Entered: 07/29/2009) |
|
|
07/29/2009 |
DECLARATION OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System, re Declaration
(Motion related), Declaration (Motion related), Declaration (Motion related) 413 , Supplement(Motion related), Supplement(Motion related) 412 served on July
29, 2009. (Lin, Elizabeth) (Entered: 07/29/2009) |
|
|
08/07/2009 |
ANSWER to Amended Complaint,,, 269 Defendant
Estate Of Edward F. Gotschall's Answer To Plaintiff's Second Amended
Consolidated Class Action Complaint filed by defendant Susan
Gotschall.(Posner, Harriet) (Entered: 08/07/2009) |
|
|
08/10/2009 |
PROTECTIVE ORDER by Magistrate
Judge Fernando M. Olguin re MOTION for Protective Order for Confidentiality 404 . (See document
for details). (mr) (Entered: 08/10/2009) |
|
|
08/10/2009 |
ORDER by Magistrate Judge Fernando
M. Olguin: IT IS ORDERED THAT: The hearing set for August 12, 2009, is hereby
vacated. KPMG's Motion for a Protective Order (Document No. 404 ) is granted.
The Proposed Protective Order will be contemporaneously entered as revised by
the court. Plaintiffs' Second Motion to Compel the Production of Documents
from Defendant KPMG LLP and Compliance with the Court's June 16, 2009 Order
(Document No. 403
) is granted to the extent set forth in this Order. No later than August 17,
2009, defendant KPMG shall produce all responsive documents currently being
withheld as confidential. (See document for further details). (mr) (Entered:
08/10/2009) |
|
|
09/04/2009 |
NOTICE of Appearance filed by
attorney Heather Catherine Gorman on behalf of Defendant Robert K Cole
(Attachments: # 1
Certificate of Service)(Gorman, Heather) (Entered: 09/04/2009) |
|
|
09/10/2009 |
NOTICE of Change of Attorney
Information for attorney Peter William Baldwin counsel for Defendant Robert K
Cole.Peter W. Baldwin is no longer attorney of record for the aforementioned
party in this case for the reason indicated in the G-06 Notice. Filed by
Defendant Robert K. Cole (Attachments: # 1 Certificate of
Service)(Baldwin, Peter) (Entered: 09/10/2009) |
|
|
09/15/2009 |
NOTICE of Change of Attorney
Information Changing address to 1801 Century Park, East, Suite 1440, Los Angeles, CA 90067. Filed by plaintiff Durston
Winesburg, Robert W. Boyd, Bruce Novotone (Brody, Lori) (Entered: 09/15/2009) |
|
|
09/18/2009 |
NOTICE of Change of Address by
Lori S Brody attorney for Plaintiffs Durston Winesburg, Robert W Boyd, III,
Bruce Novotone, changing address to 1801 Century Park East, Suite 1440. Filed
by Plaintiffs Plaintiffs (Brody, Lori) (Entered: 09/18/2009) |
|
|
09/23/2009 |
NOTICE OF MOTION AND MOTION to
Compel Production Of Documents From Lead Plaintiff New York State Teachers
Retirement System And Plaintiffs Carl Larson And Charles Hooten filed by
Defendant KPMG LLP. Motion set for hearing on 10/14/2009 at 10:00 AM before
Magistrate Judge Fernando M. Olguin. (Attachments: # 1 Proposed
Order)(Ellis, Bradley) (Entered: 09/23/2009) |
|
|
09/23/2009 |
JOINT STIPULATION to MOTION to
Compel Production Of Documents From Lead Plaintiff New York State Teachers
Retirement System And Plaintiffs Carl Larson And Charles Hooten 422 filed by Consol
Defendant KPMG LLP. (Ellis, Bradley) (Entered: 09/23/2009) |
|
|
09/23/2009 |
DECLARATION of Jodi E. Lopez In
Support of MOTION to Compel Production Of Documents From Lead Plaintiff New
York State Teachers Retirement System And Plaintiffs Carl Larson And Charles
Hooten 422 filed
by Consol Defendant KPMG LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit
J)(Ellis, Bradley) (Entered: 09/23/2009) |
|
|
09/23/2009 |
DECLARATION of Elizabeth Lin In
Opposition To MOTION to Compel Production Of Documents From Lead Plaintiff
New York State Teachers Retirement System And Plaintiffs Carl Larson And
Charles Hooten 422
filed by Consol Plaintiff New York State Teachers' Retirement System. (Attachments:
# 1 Exhibit A, #
2 Exhibit B, # 3 Exhibit C)(Lin,
Elizabeth) (Entered: 09/23/2009) |
|
|
09/23/2009 |
DECLARATION of New York State
Teachers' Retirement System In Opposition To MOTION to Compel Production Of
Documents From Lead Plaintiff New York State Teachers Retirement System And
Plaintiffs Carl Larson And Charles Hooten 422 filed by Consol
Plaintiff New York State Teachers' Retirement System. (Lin, Elizabeth)
(Entered: 09/23/2009) |
|
|
09/23/2009 |
DECLARATION OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System, re Declaration
(Motion related), Declaration (Motion related) 426 , Declaration
(Motion related), Declaration (Motion related) 425 served on
September 23, 2009. (Lin, Elizabeth) (Entered: 09/23/2009) |
|
|
09/24/2009 |
PROOF OF SERVICE filed by
Defendant KPMG LLP, re Joint Stipulation re Discovery Motion 423 , Declaration
(Motion related), Declaration (Motion related) 424 , MOTION to
Compel Production Of Documents From Lead Plaintiff New York State Teachers
Retirement System And Plaintiffs Carl Larson And Charles Hooten 422 served on
9/24/2009. (Ellis, Bradley) (Entered: 09/24/2009) |
|
|
09/30/2009 |
SUPPLEMENT to MOTION to Compel
Production Of Documents From Lead Plaintiff New York State Teachers
Retirement System And Plaintiffs Carl Larson And Charles Hooten 422 filed by Consol
Defendant KPMG LLP. (Ellis, Bradley) (Entered: 09/30/2009) |
|
|
09/30/2009 |
SUPPLEMENT to MOTION to Compel
Production Of Documents From Lead Plaintiff New York State Teachers
Retirement System And Plaintiffs Carl Larson And Charles Hooten 422 (OPPOSITION
TO DEFENDANT KPMG LLP'S MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS)
filed by Consol Plaintiff New York State Teachers' Retirement System. (Lin,
Elizabeth) (Entered: 09/30/2009) |
|
|
09/30/2009 |
PROOF OF SERVICE filed by
Plaintiffs New York State Teachers' Retirement System, re Supplement(Motion
related), Supplement(Motion related) 430 served on
September 30, 2009. (Lin, Elizabeth) (Entered: 09/30/2009) |
|
|
10/01/2009 |
PROOF OF SERVICE filed by
Defendant KPMG LLP, re Supplement(Motion related) 429 served on
10/1/2009. (Ellis, Bradley) (Entered: 10/01/2009) |
|
|
10/08/2009 |
MINUTES OF (IN CHAMBERS) RE:
VACATING HEARING ON DEFENDANT KPMG LLP'S MOTION TO COMPEL by Magistrate Judge
Fernando M. Olguin: IT IS ORDERED THAT the hearing set for October 14, 2009,
at 10:00 a.m. with respect to defendant KPMG LLP's Motion to Compel is hereby
vacated. The court's decision on the Motion to Compel will follow. (mr)
(Entered: 10/08/2009) |
|
|
10/28/2009 |
NOTICE Of Withdrawal of Appearance
of Matthew P. Siben filed by Lead Plaintiff New York State Teachers'
Retirement System. (Lin, Elizabeth) (Entered: 10/28/2009) |
|
|
10/28/2009 |
CERTIFICATE OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System, re Notice (Other) 434 served on
10/28/09. (Lin, Elizabeth) (Entered: 10/28/2009) |
|
|
10/29/2009 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: wrong
event: notice(other)...to withdrawal an attorney of record who is no longer
with a law firm, requires a formal request and proposed order submitted as separate
attachment. Or use Official G-06 form and under its specific Notice of change
of attorney information (G-06), RE: Notice (Other) 434 . In response
to this notice the court may order (1) an amended or correct document to be
filed (2) the document stricken or (3) take other action as the court deems
appropriate. (lc) (Entered: 10/29/2009) |
|
|
11/09/2009 |
NOTICE of Change of Attorney
Information for attorney Daniel A Lyons counsel for Defendants Patti M Dodge,
Brad A Morrice. Daniel A. Lyons will no longer receive service of documents
from the Clerks Office for the reason indicated in the G-06 Notice.Daniel A.
Lyons is no longer attorney of record for the aforementioned party in this
case for the reason indicated in the G-06 Notice. Filed by Defendant Brad
Morrice and Patti Dodge (Lyons, Daniel) (Entered: 11/09/2009) |
|
|
12/07/2009 |
ORDER Re: DISCOVERY MOTION by
Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT: KPMG LLP's Motion to
Compel the Production of Documents from Lead Plaintiff New York State
Teachers' Retirement System (Document No. 422 ) is granted in
part and denied in part. (See document for further details). (mr) (Entered:
12/07/2009) |
|
|
01/13/2010 |
NOTICE OF MOTION AND MOTION for
Summary Judgment as to Plaintiffs' Second Amended Consolodated Complaint ;
Memorandum Of Points And Authorities In Support Thereof; Declaration Of Allan
W. Kleidon filed by Defendant KPMG LLP. Motion set for hearing on
3/29/2010 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Ellis,
Bradley) (Entered: 01/13/2010) |
|
|
01/13/2010 |
DECLARATION of Jodi E. Lopez in
support of MOTION for Summary Judgment as to Plaintiffs' Second Amended
Consolodated Complaint ; Memorandum Of Points And Authorities In Support
Thereof; Declaration Of Allan W. Kleidon 439 filed by Consol
Defendant KPMG LLP. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Ellis,
Bradley) (Entered: 01/13/2010) |
|
|
01/13/2010 |
NOTICE OF MOTION AND MOTION for
Summary Judgment as to Plaintiffs' Second Amended Consolidated Complaint ;
Memorandum Of Points And Authorities In Support Thereof; Declaration of Allan
W. Kleidon filed by Defendant KPMG LLP. Motion set for hearing on
3/29/2010 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 [Proposed]
Statement Of Uncontroverted Facts And Conclusions Of Law, # 6 Proposed Order, #
7 [Proposed]
Judgment)(Ellis, Bradley) (Entered: 01/13/2010) |
|
|
01/13/2010 |
DECLARATION of Jodi E. Lopez in
support of MOTION for Summary Judgment as to Plaintiffs' Second Amended
Consolidated Complaint ; Memorandum Of Points And Authorities In Support
Thereof; Declaration of Allan W. Kleidon 441 filed by Consol
Defendant KPMG LLP. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Ellis,
Bradley) (Entered: 01/13/2010) |
|
|
01/13/2010 |
Request For Case Management
Conference filed by Consol Defendant KPMG LLP (Attachments: # 1 Proposed
Order)(Ellis, Bradley) (Entered: 01/13/2010) |
|
|
01/13/2010 |
NOTICE OF ERRATA filed by Consol
Defendant KPMG LLP. correcting MOTION for Summary Judgment as to Plaintiffs'
Second Amended Consolodated Complaint ; Memorandum Of Points And
Authorities In Support Thereof; Declaration Of Allan W. Kleidon 439 , Declaration
(Motion related), Declaration (Motion related) 440 (Ellis,
Bradley) (Entered: 01/13/2010) |
|
|
01/13/2010 |
PROOF OF SERVICE filed by
Defendant KPMG LLP, re Declaration (Motion related), Declaration (Motion
related) 442 ,
MOTION for Summary Judgment as to Plaintiffs' Second Amended Consolidated
Complaint ; Memorandum Of Points And Authorities In Support Thereof;
Declaration of Allan W. Kleidon 441 , Errata, 444 served on
January 13, 2010. (Ellis, Bradley) (Entered: 01/13/2010) |
|
|
01/13/2010 |
PROOF OF SERVICE filed by
Defendant KPMG LLP, re Miscellaneous Document 443 Request For
Case Management Conference served on January 13, 2010. (Ellis, Bradley)
(Entered: 01/13/2010) |
|
|
01/14/2010 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents. The following error(s) was found: wrong
event: miscellaneous document; correct event: Request: hearing. RE:
Miscellaneous Document 443 . In response
to this notice the court may order (1) an amended or correct document to be
filed (2) the document stricken or (3) take other action as the court deems
appropriate. (lc) (Entered: 01/14/2010) |
|
|
01/27/2010 |
Joint STIPULATION for Hearing
filed by defendant KPMG LLP. (Attachments: # 1 Proposed Order
Proposed Order Regarding Hearing Date and Briefing Schdule for KMPG LLP's
Motion For Summary Judgment Or, In The Alternative, Summary
Adjudication)(Ellis, Bradley) (Entered: 01/27/2010) |
|
|
01/28/2010 |
ORDER Pursuant to stipulation 448 , the hearing
on KPMGs Motion for Summary Judgment or, in the Alternative, Summary
Adjudication 441
is hereby continued from March 29, 2010 to April 12, 2010 at 10:00 a.m., in
Courtroom Number 3. Plaintiffs will file and serve their opposition to KPMGs
Motion on or before March 15, 2010,and KPMG will
file and serve its reply on or before March 29, 2010 by Judge Dean D.
Pregerson. (lc) (Entered: 01/28/2010) |
|
|
02/26/2010 |
SUPPLEMENT to MOTION for Summary
Judgment as to Plaintiffs' Second Amended Consolidated Complaint ;
Memorandum Of Points And Authorities In Support Thereof; Declaration of Allan
W. Kleidon 441
Supplemental Declaration of Allan W. Kleidon In Support Of KPMG LLP's
Motion For Summary Judgment Or, In The Alternative, Summary Adjudication
filed by Consol Defendant KPMG LLP. (Ellis, Bradley) (Entered: 02/26/2010) |
|
|
02/26/2010 |
CERTIFICATE OF SERVICE filed by
defendant KPMG LLP, re Supplement(Motion related), Supplement(Motion related)
450 Supplemental
Declaration of Allan W. Kleidon In Support Of KPMG LLP's Motion For Summary
Judgment Or, In The Alternative, Summary Adjudication served on February
26, 2010. (Ellis, Bradley) (Entered: 02/26/2010) |
|
|
03/01/2010 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents RE: Supplement(Motion
related), Supplement(Motion related) 450 . The following
error(s) was found: Title page is missing as well as required filer,
attorney, case and court information. In response to
this notice the court may order (1) an amended or correct document to be
filed (2) the document stricken or (3) take other action as the court deems
appropriate. You need not take any action in response to this notice unless
and until the court directs you to do so. (lc) (Entered: 03/01/2010) |
|
|
03/10/2010 |
STIPULATION to Exceed Page
Limitation as to Responses to KPMG LLP's Motion for Summary Judgment or, in
the Alternative, Summary Adjudication filed by Lead Plaintiff New York State
Teachers' Retirement System. (Attachments: # 1 Proposed
Order)(Lin, Elizabeth) (Entered: 03/10/2010) |
|
|
03/10/2010 |
Certificate OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System, re Stipulation to
Exceed Page Limitation, 453 served on
03/10/10. (Lin, Elizabeth) (Entered: 03/10/2010) |
|
|
03/10/2010 |
ORDER by Judge Dean D. Pregerson,
re Stipulation 453
: The page limit for Plaintiffs Opposition to KPMGs Motion for Summary
Judgment, Or In The Alternative, Summary
Adjudication is to 35 pages; and The page limit for KPMGs Reply in support of
the Motion is extended to 35 pages. (lc) (Entered: 03/10/2010) |
|
|
03/12/2010 |
ORDER upon Stipulation 453 : The page
limit for Plaintiffs Opposition to KPMGs Motion for Summary Judgment, Or In
The Alternative, Summary Adjudication is extended to 35 pages; and the page
limit for KPMGs Reply in support of the Motion is extended to 35 pages by
Judge Dean D. Pregerson (lc) (Entered: 03/12/2010) |
|
|
03/15/2010 |
NOTICE of Manual Filing filed by
Consol Plaintiff New York State Teachers' Retirement System of Plaintiffs'
Memorandum of Points and Authorities in Opposition to KPMG LLP's Motion for
Summary Judgment and Summary Adjudication; Plaintiffs' Statement of Genuine
Issues of Material Fact in Opposition to KPMG LLP's Statement of
Uncontroverted Facts and Conclusions of Law; and Declaration of Elizabeth Lin
(i) in Opposition to KPMG LLP's Motion for Summary Judgment or, in the Alternative,
Summary Adjudication; and (ii) in Support of Motion to Exclude Expert
Declaration of Allan W. Kleidon. (Attachments: # 1 Proposed
Order)(Lin, Elizabeth) (Entered: 03/15/2010) |
|
|
03/15/2010 |
Plaintiffs' Application to File
Under Seal Certain Documents In Opposition to KPMG LLP's Motion For Summary
Judgment (Attachments: # 1 Declaration Of
Elizabeth Lin in Support of Plaintiffs' Application to File Under Seal
Certain Documents In Opposition to KPMG LLP's Motion for Summary Judgment, # 2 Proposed Order
Granting Plaintiffs' Application to File Under Seal Certain Documents In
Opposition to KPMG LLP's Motion for Summary Judgment)(Lin, Elizabeth)
(Entered: 03/15/2010) |
|
|
03/15/2010 |
DECLARATION of H. Nejat Seyhun,
PH.D. In Opposition to MOTION for Summary Judgment as to Plaintiffs' Second
Amended Consolidated Complaint ; Memorandum Of Points And Authorities In
Support Thereof; Declaration of Allan W. Kleidon 441 filed by Consol
Plaintiff New York State Teachers' Retirement System. (Lin, Elizabeth)
(Entered: 03/15/2010) |
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03/15/2010 |
DECLARATION of Chad Coffman In
Opposition to MOTION for Summary Judgment as to Plaintiffs' Second Amended
Consolidated Complaint ; Memorandum Of Points And Authorities In Support
Thereof; Declaration of Allan W. Kleidon 441 filed by Consol
Plaintiff New York State Teachers' Retirement System. (Lin, Elizabeth)
(Entered: 03/15/2010) |
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03/15/2010 |
DECLARATION of Stuart H. Harden In
Opposition to MOTION for Summary Judgment as to Plaintiffs' Second Amended
Consolidated Complaint ; Memorandum Of Points And Authorities In Support
Thereof; Declaration of Allan W. Kleidon 441 filed by Consol
Plaintiff New York State Teachers' Retirement System. (Lin, Elizabeth)
(Entered: 03/15/2010) |
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03/15/2010 |
DECLARATION of Elizabeth Lin
Pursuant to Fed. R. Civ. P. 56 (f) In Opposition to MOTION for Summary
Judgment as to Plaintiffs' Second Amended Consolidated Complaint ;
Memorandum Of Points And Authorities In Support Thereof; Declaration of Allan
W. Kleidon 441
filed by Consol Plaintiff New York State Teachers' Retirement System. (Lin,
Elizabeth) (Entered: 03/15/2010) |
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03/15/2010 |
NOTICE OF MOTION AND MOTION to
Strike The Expert Declaration of Allan W. Kleidon filed by Plaintiffs New
York State Teachers' Retirement System. Motion set for hearing on 4/12/2010
at 10:00 AM before Judge Dean D. Pregerson. (Attachments: # 1 Memorandum of
Points and Authorities in Support of Their Motion to Exclude the Expert
Declaration of Allan W. Kleidon, # 2 Proposed
Order)(Lin, Elizabeth) (Entered: 03/15/2010) |
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03/15/2010 |
CERTIFICATE OF SERVICE filed by
Plaintiffs New York State Teachers' Retirement System, re Declaration (Motion
related), Declaration (Motion related) 460 , Miscellaneous
Document, 458 ,
MOTION to Strike The Expert Declaration of Allan W. Kleidon 463 , Declaration
(Motion related), Declaration (Motion related) 459 , Declaration
(Motion related), Declaration (Motion related) 462 , Notice of
Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing
(G-92) 457 ,
Declaration (Motion related), Declaration (Motion related) 461 served on March
15, 2010. (Lin, Elizabeth) (Entered: 03/15/2010) |
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03/15/2010 |
SEALED DOCUMENT- Plaintiffs'
Statement of Genuine Issues of Material Fact in Opposition to KPMG LLP's
Statement of Uncontoverted Facts and Conclusions of Law.(mat) (Entered:
03/16/2010) |
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03/15/2010 |
SEALED DOCUMENT- PLAINTIFF'S
MEMORANDUM of Points and Authorities in Opposition to Defendant KPMG LLP's
Motion for Summary Judgment or, in the Alternative, Summary Adjudication.
(mat) (Entered: 03/16/2010) |
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03/15/2010 |
SEALED DOCUMENT- Declaration of
Elizabeth Lin (i) in Opposition to KPMG LLP's Motion for Summary Judgment or,
in the Alternative, Summary Adjudication; and (ii) in Support of Motion to
Exclude Expert Declaration of Allan W. Kleidon. (Attachments: Part 2, Part 3,
Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10, Part 11, Part 12,
Part 13)(mat) (Entered: 03/16/2010) |
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03/16/2010 |
NOTICE TO FILER OF DEFICIENCIES in
Electronically Filed Documents RE: Miscellaneous Document, 458 . The following
error(s) was found with document(s): wrong event: Miscellaneous Document,
missing link to the filer (the plaintiff); PDF is an application to file
documents under seal with proposed order, which is wrong procedure: Correct procedure
1) e file a formal completed notice of manual filing, 2) manually file
application, lodge proposed order and lodge sealed documents with civil
intake. In response to this notice the court may order (1) an amended or
correct document to be filed (2) the document stricken or (3) take other
action as the court deems appropriate. You need not take any action in
response to this notice unless and until the court directs you to do so. (lc)
(Entered: 03/16/2010) |
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03/23/2010 |
Joint STIPULATION for Hearing re
KPMG LLP's Motion for Summary Judgment, or in the Alternative, Summary
Adjudication filed by defendant KPMG LLP. (Attachments: # 1 Proposed
Order)(Ellis, Bradley) (Entered: 03/23/2010) |
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03/26/2010 |
ORDER by Judge Dean D. Pregerson,
re Stipulation for Hearing 469 : The hearing
on KPMG LLPs Motion for Summary Judgment or, in the Alternative, Summary
Adjudication 441
and Plaintiffs Motion to Exclude Expert Declaration of Allan W. Kleidon [YET
TO BE FILED] will take place on May 24, 2010 at 10:00 a.m. On or before April
14, 2010, KPMG will file and serve its (1) reply in support of its Motion;
(2) motions to exclude Plaintiffs expert declarations filed in support of
Plaintiffs opposition to KPMGs Motion; and (3) opposition to Plaintiffs
Motion to Exclude Expert Declaration of Allan W. Kleidon. On or before May 3,
2010, Plaintiffs will file and serve their reply in support of their Motion
to Exclude Expert Declaration of Allan W. Kleidon andoppositions to KPMGs
motions to exclude Plaintiffs expert declarations. On or before May 10, 2010,
KPMG will file and serve its replies in support of its motions to exclude
Plaintiffs expert declarations. (lc) (Entered: 03/26/2010) |
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04/06/2010 |
NOTICE of Change of Attorney
Information for attorney Matthew E Lilly counsel for Consol Defendants
Marilyn A Alexander, Harold A Black, David Einhorn, Fredric F Forster, Donald
E Lange, Michael M Sachs, Terrence P Sandvik, Richard
A Zona. Matthew E. Lilly will no longer receive service of documents from the
Clerks Office for the reason indicated in the G-06 Notice. Filed by
Defendants Marilyn A. Alexander; Harold A. Black; David Einhorn; Frederic J.
Forster; Donald E. Lange; Michael M. Sachs; Terrence P. Sandvick; and Richard
A. Zona (Lilly, Matthew) (Entered: 04/06/2010) |
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04/14/2010 |
REPLY support MOTION for Summary
Judgment as to Plaintiffs' Second Amended Consolidated Complaint ;
Memorandum Of Points And Authorities In Support Thereof; Declaration of Allan
W. Kleidon 441
filed by Consol Defendant KPMG LLP. (Ellis, Bradley) (Entered: 04/14/2010) |
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04/14/2010 |
DECLARATION of Michael Rugen in
support of MOTION for Summary Judgment as to Plaintiffs' Second Amended
Consolidated Complaint ; Memorandum Of Points And Authorities In Support
Thereof; Declaration of Allan W. Kleidon 441 Declaration
of Michael L. Rugen In Support of KPMG LLP's Reply In Support of Its Motion
for Summary Judgment filed by Consol Defendant KPMG LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT, # 47 Exhibit UU, # 48 Exhibit VV, # 49 Exhibit WW, # 50 Exhibit XX, # 51 Exhibit YY, # 52 Exhibit ZZ, # 53 Exhibit AAA, # 54 Exhibit BBB, # 55 Exhibit CCC, # 56 Exhibit DDD, # 57 Exhibit EEE, # 58 Exhibit FFF, # 59 Exhibit GGG, # 60 Exhibit HHH, # 61 Exhibit III, # 62 Exhibit JJJ, # 63 Exhibit KKK, # 64 Exhibit LLL, # 65 Exhibit MMM, # 66 Exhibit NNN, # 67 Exhibit OOO, # 68 Exhibit PPP, # 69 Exhibit QQQ, # 70 Exhibit RRR, # 71 Exhibit SSS, # 72 Exhibit TTT, # 73 Exhibit UUU, # 74 Exhibit
VVV)(Ellis, Bradley) (Entered: 04/14/2010) |
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04/14/2010 |
Defendant KPMG LLP's Response to
Plaintiff's Statement of Additional Issues of Material Facts and KPMG's
Response to the Declaration of Elizabeth Lin in support of re: MOTION for
Summary Judgment as to Plaintiffs' Second Amended Consolidated Complaint ;
Memorandum Of Points And Authorities In Support Thereof; Declaration of Allan
W. Kleidon 441
filed by Consol Defendant KPMG LLP. (Ellis, Bradley) (Entered: 04/14/2010) |
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04/14/2010 |
NOTICE OF MOTION AND MOTION to
Strike Expert Declaration Declaration (Motion related), Declaration (Motion
related) 461
filed by Defendant KPMG LLP. Motion set for hearing on 5/24/2010 at 10:00 AM
before Judge Dean D. Pregerson. (Attachments: # 1 Memorandum
Memorandum of Points and Authorities in Support of Defendant KPMG LLP's
Motion to Exclude the Declaration of Stuart H. Harden, # 2 Proposed Order
Proposed Order)(Ellis, Bradley) (Entered: 04/14/2010) |
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04/14/2010 |
Opposition opposition re: MOTION
to Strike The Expert Declaration of Allan W. Kleidon 463 filed by Consol
Defendant KPMG LLP. (Ellis, Bradley) (Entered: 04/14/2010) |
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04/14/2010 |
NOTICE OF MOTION AND MOTION to
Strike Expert Declaration of Chad Coffman Declaration (Motion related),
Declaration (Motion related) 460 filed by
defendant KPMG LLP. Motion set for hearing on 5/24/2010 at 10:00 AM before
Judge Dean D. Pregerson. (Attachments: # 1 Memorandum of
Points and Authorities in Support of KPMG's Motion to Exclude the Declaration
of Chad Coffman, # 2
Proposed Order)(Ellis, Bradley) (Entered: 04/14/2010) |
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04/14/2010 |
CERTIFICATE OF SERVICE filed by
defendant KPMG LLP, served on April 14, 2010. (Ellis, Bradley) (Entered:
04/14/2010) |
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04/14/2010 |
NOTICE OF MOTION AND MOTION to
Strike expert declaration of H. Nejat Seyhun Declaration (Motion related),
Declaration (Motion related) 459 filed by
defendant KPMG LLP. Motion set for hearing on 5/24/2010 at 10:00 AM before
Judge Dean D. Pregerson. (Attachments: # 1 Memorandum of
Points and Authorities in Support of Motion to Exclude Seyhun Declaration, # 2 Proposed
Order)(Ellis, Bradley) (Entered: 04/14/2010) |
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04/20/2010 |
NOTICE OF SUPPLEMENTAL AUTHORITY
IN SUPPORT OF KPMG LLP'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE,
SUMMARY ADJUDICATION filed by defendant KPMG LLP. (Ellis, Bradley) (Entered:
04/20/2010) |
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04/30/2010 |
MINUTES OF IN CHAMBERS ORDER held
before Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own
motion the DEFENDANT KPMG LLPS' MOTION FOR SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY ADJUSICATION (FILED ON 01-13-10), MOTION TO STRIKE THE
EXPERT DECLARATION OF ALLAN W. KLEIDON FILED BYPLAINTIFFS NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM (FILED ON 03-15-10), MOTION TO STRIKE EXPERT
DECLARATION DECLARATION FILED BY DEFENDANT KPMG LLP (FILED ON 04-14-10),
MOTION TO STRIKE EXPERT DECLARATION OF CHAD COFFMAN DECLARATION FILED BY
DEFENDANT KPMG LLP (FILED ON 04-14-10) and the MOTION TO STRIKE EXPERT
DECLARATION OF H. NEJAT SEYHUN DECLARATION FILED BY DEFENDANTKPMG LLP (FILED
ON 04-14-10) are hereby continued from May 24, 2010 to September 27, 2010 at
10:00 a.m. 441 ,
463 , 475 , 477 , 479 . Briefing
shall be controlled by the local rules. (lc) (Entered: 04/30/2010) |
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07/19/2010 |
NOTICE of Change of address by
Lori S Brody attorney for Plaintiffs Robert W Boyd, III, Bruce Novotone,
Durston Winesburg. Changing attorneys address to 1801 Century Park East,
Suite 1095, Los Angeles, CA 90067. Filed by Plaintiffs Robert W Boyd, III,
Bruce Novotone, Durston Winesburg. (Brody, Lori)
(Entered: 07/19/2010) |
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07/30/2010 |
NOTICE OF MOTION AND MOTION for
Settlement Approval of for Preliminary Approval of Settlements filed by Lead
Plaintiff New York State Teachers' Retirement System. Motion set for hearing
on 8/30/2010 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: # 1 Memorandum, # 2 Ex. 1: Proposed
Schedule, # 3
Ex. 2: O&D Stipulation, # 4 Ex. 2 Part 2, # 5 Ex. 3: KPMG
Stipulation, # 6
Ex. 3 Part 2, # 7
Ex. 4: UW Stipulation, # 8 Ex. 4 Part 2, # 9 Proposed Order,
# 10
Declaration of Service)(Graziano, Salvatore) (Entered: 07/30/2010) |
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07/30/2010 |
STIPULATION for Order to Shorten
Time in Which Plaintiffs' Unopposed Motion for Preliminary Approval of
Settlements Will Be Heard filed by Lead Plaintiff New York State Teachers'
Retirement System. (Attachments: # 1 Proposed
Order)(Graziano, Salvatore) (Entered: 07/30/2010) |
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08/02/2010 |
ORDER by Judge Dean D. Pregerson,
re Stipulation for Order, 485 ( Motion reset for hearing on 8/9/2010 at 10:00 AM before
Judge Dean D. Pregerson.) (sce) (Entered: 08/02/2010) |
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08/06/2010 |
First APPLICATION for attorney
Jeffrey C. Zwerling to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by
Plaintiff Charles Hooten. (Cahill, James) (Entered: 08/06/2010) |
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08/09/2010 |
MINUTES OF Motion For Settlement
Approval of For Preliminary Approval of Settlements Filed by Lead Plaintiff
New York State Teachers' Retirement System 484 (Filed
7/30/10) held before Judge Dean D. Pregerson. Court hears oral argument and
takes the matter under submission. Court Reporter: Maria Bustillos. (sch)
Modified on 8/10/2010 (sch). (Entered: 08/10/2010) |
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08/10/2010 |
ORDER PRELIMINARILY APPROVING
SETTLEMENTS AND PROVIDING FOR NOTICE by Judge Dean D. Pregerson:WHEREAS, Lead Plaintiffs and the Individual
Defendants,have reached agreements to settle the above-captioned litigation
(the Consolidated Action) and Plaintiffs have applied to the Court pursuant
to Rule 23(e) of the Federal Rules of Civil Procedure for an order
preliminarily approving the Settlements in accordance with the Stipulations
of Settlement. NOW, THEREFORE, IT IS HEREBY ORDERED: This order hereby
incorporates by reference the definitions in the Stipulations unless
otherwise indicated, and all terms with initial capitalization not otherwise
defined herein shall have the same meanings as set forth in the Stipulations.
The Court hereby preliminarily approves the Settlements as being fair,
reasonable and adequate to the Class, pending a final hearing on the
Settlements. There shall be a hearing on November 8, 2010, at 10:00 a.m. (the
Settlement Hearing) at which time the Court shall address the fairness,
reasonableness and adequacy of the Settlements. The Court retains
jurisdiction of this Consolidated Action to consider all further applications
arising out of or connected with the proposed Settlements, and as otherwise
warranted. IT IS SO ORDERED. (See order for further details) (yl) (Entered:
08/10/2010) |
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08/10/2010 |
ORDER by Judge Dean D. Pregerson:
granting 487
Application to Appear Pro Hac Vice by Attorney Jeffrey C. Zwerling on behalf
of Plaintiff Charles Hooten, designating James S. Cahill as local counsel.
(sce) (Entered: 08/10/2010) |
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09/22/2010 |
MINUTE ORDER IN CHAMBERS by Judge
Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the
DEFENDANT KPMG LLPS' MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE,
SUMMARY ADJUSICATION (FILED ON 01-13-10), MOTION TO STRIKE THE EXPERT
DECLARATION OF ALLAN W. KLEIDON FILED BY PLAINTIFFS NEW YORK STATE TEACHERS'
RETIREMENT SYSTEM (FILED ON 03-15-10), MOTION TO STRIKE EXPERT DECLARATION
DECLARATION FILED BY DEFENDANT KPMG LLP (FILED ON 04-14-10),MOTION TO STRIKE
EXPERT DECLARATION OF CHAD COFFMAN DECLARATION FILED BY DEFENDANT KPMG LLP
(FILED ON 04-14-10) and the MOTION TO STRIKE EXPERT DECLARATION OF H. NEJAT SEYHUN
DECLARATION FILED BY DEFENDANT KPMG LLP (FILED ON 04-14-10) are hereby
continued from September 27, 2010 to January 31, 2011 at 10:00 a.m. 441 , 463 , 475 , 477 , 479 . (lc)
(Entered: 09/22/2010) |
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10/04/2010 |
NOTICE OF MOTION AND MOTION for
Settlement Approval of Final Approval of Settlements and Plan of Allocation
filed by Plaintiff New York State Teachers' Retirement System. Motion set for
hearing on 11/8/2010 at 10:00 AM before Judge Dean D. Pregerson. (Graziano,
Salvatore) (Entered: 10/04/2010) |
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10/04/2010 |
MEMORANDUM in Support of MOTION
for Settlement Approval of Final Approval of Settlements and Plan of
Allocation 494 Plaintiffs'
Memorandum of Points and Authorities in Support of Motion for Final Approval
of Settlements and Plan of Allocation filed by Consol Plaintiff New York
State Teachers' Retirement System. (Graziano, Salvatore) (Entered:
10/04/2010) |
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10/04/2010 |
NOTICE OF MOTION AND MOTION for
Attorney Fees Lead Counsel's Notice of Motion and Motion for Attorneys'
Fees and Reimbursement of Litigation Expenses filed by Plaintiff New York
State Teachers' Retirement System. Motion set for hearing on 11/8/2010 at
10:00 AM before Judge Dean D. Pregerson. (Graziano, Salvatore) (Entered:
10/04/2010) |
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10/04/2010 |
MEMORANDUM in Support of MOTION
for Attorney Fees Lead Counsel's Notice of Motion and Motion for
Attorneys' Fees and Reimbursement of Litigation Expenses 496 filed by
Consol Plaintiff New York State Teachers' Retirement System. (Graziano,
Salvatore) (Entered: 10/04/2010) |
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10/04/2010 |
DECLARATION of Salvatore J.
Graziano In Support Of MOTION for Settlement Approval of Final Approval of
Settlements and Plan of Allocation 494 , MOTION for
Attorney Fees Lead Counsel's Notice of Motion and Motion for Attorneys'
Fees and Reimbursement of Litigation Expenses 496 filed by
Consol Plaintiff New York State Teachers' Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit
J)(Graziano, Salvatore) (Entered: 10/04/2010) |
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10/04/2010 |
DECLARATION OF SERVICE filed by
Plaintiff New York State Teachers' Retirement System, re MOTION for
Settlement Approval of Final Approval of Settlements and Plan of Allocation 494 , MOTION for
Attorney Fees Lead Counsel's Notice of Motion and Motion for Attorneys'
Fees and Reimbursement of Litigation Expenses 496 , Declaration
(Motion related), Declaration (Motion related), Declaration (Motion related) 498 , Memorandum
in Support of Motion, 495 , Memorandum
in Support of Motion, 497 served on
10/4/10. (Graziano, Salvatore) (Entered: 10/04/2010) |
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10/29/2010 |
REPLY In Support Of MOTION for
Settlement Approval of Final Approval of Settlements and Plan of Allocation 494 , MOTION for
Attorney Fees Lead Counsel's Notice of Motion and Motion for Attorneys'
Fees and Reimbursement of Litigation Expenses 496 filed by
Consol Plaintiff New York State Teachers' Retirement System. (Attachments: # 1 Proposed Order
Awarding Attorney Fees and Expenses, # 2 Proposed Order
Proposed KPMG Final Judgment and Order of Dismissal, # 3 Proposed Order
Proposed Officer and Director Final Judgment and Order of Dismissal, # 4 Proposed Order
Proposed Underwriter Final Judgment and Order of Dismissal)(Graziano,
Salvatore) (Entered: 10/29/2010) |
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10/29/2010 |
CERTIFICATE OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System, re Reply (Motion
related), Reply (Motion related), Reply (Motion related) 500 served on
10/29/10. (Graziano, Salvatore) (Entered: 10/29/2010) |
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11/08/2010 |
MINUTES OF SETTLEMENT HEARING
(COURT ORDERED 08-09-10) MOTION FOR SETTLEMENT APPROVAL OF FINAL APPROVAL OF
SETTLEMENTS AND PLAN OF ALLOCATION FILED BY PLAINTIFF NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM 494 ; MOTION FOR
ATTORNEY FEES LEAD COUNSEL'S NOTICE OF MOTION AND MOTION FOR ATTORNEYS' FEES
ANDREIMBURSEMENT OF LITIGATION EXPENSES FILED BY PLAINTIFF NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM 496 Motion Hearing
held before Judge Dean D. Pregerson: Court hears oral argument and takes the
matters under submission.Court Reporter: Bridget Montero. (lc) (Entered:
11/09/2010) |
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11/15/2010 |
OFFICER AND DIRECTOR FINAL
JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE 484 by Judge Dean
D. Pregerson: The Global Officer And Director Settlement embodied in the
Global Officer And Director Stipulation is hereby finally approved in all
respects. The Consolidated Class Action and all claims contained therein
aredismissed with prejudice as to the Class Individual Defendants.The Parties
are to bear their own costs, except as otherwise provided in the Global
Officer And Director Stipulation. (see document for
specific details). (lc) (Entered: 11/15/2010) |
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11/15/2010 |
ORDER GRANTING LEAD COUNSELS
MOTION FOR AN AWARD OF ATTORNEYS FEES ANDREIMBURSEMENT OF EXPENSES 496 by Judge Dean
D. Pregerson: The Court hereby awards attorneys fees of $14,410,933.80
(approximately 11.5% of the total settlement amount) payable to Lead Counsel
Bernstein Litowitz Berger & Grossmann LLP (Bernstein Litowitz or Lead
Counsel). The Court also awards Lead Counsel reimbursement of litigation
expenses in the amount of $3,064,348.82 payable to Lead Counsel Bernstein
Litowitz. The Court awards interest that has accrued on the attorneys fees
and the expenses awarded, at the same rate as earned by the settlement funds.
Pursuant to the Stipulations, Lead Counsel shall have the sole authority to
allocate the Court awarded attorneys fees amongst Plaintiffs Counsel in a
manner which it, in goodfaith, believes reflects the contributions of such
counsel to the prosecution and settlement of the action.The Court also grants
the request of Lead Plaintiff New York State Teachers Retirement System for
an award of $6,611.27, and the request of Plaintiff Hooten for an award of
$3,650, pursuant to 15 U.S.C. § 78u-4(a)(4). (see document for specifics). (lc) (Entered: 11/15/2010) |
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11/15/2010 |
UNDERWRITER DEFENDANTS FINAL
JUDGMENT ANDORDER OF DISMISSAL WITH PREJUDICE by Judge Dean D. Pregerson:The Consolidated Action and all claims contained therein
aredismissed with prejudice as to the Underwriter Defendants. The parties are
to beartheir own costs, except as otherwise provided in the Underwriter
Stipulation.(see document for specifics). (lc)
(Entered: 11/15/2010) |
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11/15/2010 |
KPMG FINAL JUDGMENT AND ORDER OF
DISMISSAL WITH PREJUDICE by Judge Dean D. Pregerson: The Consolidated Action
and all claims contained therein aredismissed with prejudice as to KPMG. The
parties are to bear their own costs,except as
otherwise provided in the KPMG Stipulation. (see document for specifics)(MD
JS-6, Case Terminated). (lc) (Entered: 11/15/2010) |
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11/15/2010 |
EXHIBIT Filed filed by Consol Plaintiff
New York State Teachers' Retirement System. Exhibit A as to Judgment, 505 , Judgment, 506 , Judgment,, 503 . (Graziano,
Salvatore) (Entered: 11/15/2010) |
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11/15/2010 |
CERTIFICATE OF SERVICE filed by
Lead Plaintiff New York State Teachers' Retirement System, re Exhibit
(non-trial) 507
served on 11-15-2010. (Graziano, Salvatore) (Entered: 11/15/2010) |
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