US District Court Civil Docket as of June 10, 2010

Retrieved from the court on June 15, 2010

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:07-cv-01309-DLC


Garfield v. Openwave Systems, Inc. et al
Assigned to: Judge Denise L. Cote
Referred to: Magistrate Judge Henry B. Pitman (Settlement)
Member case: (View Member Case)

Related Cases: 

1:07-cv-01916-DLC

1:07-cv-01917-DLC

1:07-cv-01917-DLC

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


Date Filed: 02/21/2007
Date Terminated: 02/27/2009
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Lead Plaintiff

 

Arkansas Teacher Retirement System

represented by

Christopher Chad Johnson
Bernstein Litowitz Berger & Grossmann LLP
1285 Avenue of the Americas
38th Floor
New York , NY 10019
212-554-1396
Fax: 212-554-1444
Email: Chad@blbglaw.com
ATTORNEY TO BE NOTICED

Gerald Harlan Silk
Bernstein Litowitz Berger & Grossmann LLP
1285 Avenue of the Americas
38th Floor
New York , NY 10019
212 554 1282
Fax: 212 554 1444
Email: jerry@blbglaw.com
ATTORNEY TO BE NOTICED

Laura Helen Gundersheim
Bernstein Litowitz Berger & Grossmann LLP
1285 Avenue of the Americas
38th Floor
New York , NY 10019
(212)554-1463
Fax: (212)554-1444
Email: Laurag@blbglaw.com
ATTORNEY TO BE NOTICED

Plaintiff

Fred Garfield
On Behalf of himself and all others similarly situated

represented by

Gerald Harlan Silk
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey Simon Abraham
Abraham Fruchter & Twersky LLP
One Penn Plaza
Suite 1910
New York , NY 10119
212-279-5050
Fax: 212-279-3655
Email: jabraham@aftlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Salvatore Jo Graziano
Milberg LLP (NYC)
One Pennsylvania Plaza
New York , NY 10119
(212) 554-1400
Fax: (212) 554-1444
Email: SGraziano@blbglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff

Fresno County Employees' Retirement Association

represented by

Christopher Chad Johnson
(See above for address)
ATTORNEY TO BE NOTICED

Laura Helen Gundersheim
(See above for address)
ATTORNEY TO BE NOTICED


V.

Consolidated Plaintiff

Louis Giltman

represented by

D. Seamus Kaskela
Barroway Topaz Kessler Meltzer & Check, LLP (PA)
280 King of Prussia Road
Radnor , PA 19087
(610) 667-7706
Fax: (610) 667-7056
Email: skaskela@btkmc.com
ATTORNEY TO BE NOTICED

Evan J. Smith
Brodsky & Smith, L.L.C.
240 Mineola Blvd.
Mineola , NY 11501
516-741-4977
Fax: (516) 741-0626
Email: esmith@brodsky-smith.com
ATTORNEY TO BE NOTICED

Richard A. Maniskas
Schiffrin, Barroway, Topaz & Kessler, L.L.P.
280 King of Prussia Road
Radnor , PA 19087
(610) 667-7706
ATTORNEY TO BE NOTICED

Consolidated Plaintiff

Linda C. Wen
on behalf of herself and all others similarly situated

represented by

Laurence Paskowitz
Paskowitz & Associates
60 East 42nd Street
46th Floor
New York , NY 10165
(212)-685-0969
Fax: (212)-685-2306
Email: classattorney@aol.com
ATTORNEY TO BE NOTICED

Roy Laurence Jacobs
Roy Jacobs & Associates
60 East 42nd Street
46th Floor
New York , NY 10165
(212) 867-1156
Fax: (212) 504-8343
Email: rljacobs@pipeline.com
ATTORNEY TO BE NOTICED

Consolidated Plaintiff

Michael Valle

represented by

David A.P. Brower
Brower Piven
488 Madison Avenue
New York , NY 10022
212-501-9000
Fax: 212-501-0300
Email: brower@browerpiven.com
ATTORNEY TO BE NOTICED

Elizabeth Ann Schmid
Brower Piven
488 Madison Avenue
New York , NY 10022
(212) 501-9000
Fax: 212 501-0300
Email: schmid.e@wssllp.com
ATTORNEY TO BE NOTICED


V.

Defendant

Openwave Systems, Inc.

represented by

Benjamin Matthew Glickman
Gibson, Dunn & Crutcher, LLP (CA)
1881 Page Mill Road
Palo Alto , CA 94304
(650)-849-5343
Fax: (650)-849-5043
Email: bglickman@gibsondunn.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Garrett Jay Waltzer
Skadden, Arps, Slate, Meagher & Flom LLP
525 University Avenue
Suite 1100
Palo Alto , CA 94301
(650) 470-4500
Fax: (650) 470-4570
Email: gwaltzer@skadden.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph William Guzzetta
Gibson, Dunn & Crutcher, LLP (CA)
1881 Page Mill Road
Palo Alto , CA 94304
(650)-849-5300
Fax: (650)-549-5016
Email: jguzzetta@gibsondunn.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Marshall Ross King
Gibson, Dunn & Crutcher, LLP
200 Park Avenue
47th Floor
New York , NY 10166
2123513905
Fax: 2123515243
Email: mking@gibsondunn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sally J. Berens
Gibson, Dunn & Crutcher, LLP (CA)
1881 Page Mill Road
Palo Alto , CA 94304
(650) 849-5300
Fax: (650) 849-5333
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Paul Jeffrey Collins
Gibson, Dunn & Crutcher, LLP (CA)
1881 Page Mill Road
Palo Alto , CA 94304
(650)-849-5309
Fax: (650)-849-5009
Email: pcollins@gibsondunn.com
ATTORNEY TO BE NOTICED

Defendant

David C. Peterschmidt
TERMINATED: 10/31/2007

represented by

Richard A. Spehr
Mayer Brown LLP
1675 Broadway
New York , NY 10019
(212) 506-2500
Fax: (212) 262-1910
Email: rspehr@mayerbrown.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Garrett Jay Waltzer
(See above for address)
ATTORNEY TO BE NOTICED

Henninger Simons Bullock
Mayer Brown LLP(DC)
1999 "K" Street, N.W.
Washington , DC 20006
(212)506-2500
Fax: (212)262-1910
Email: hbullock@mayerbrown.com
ATTORNEY TO BE NOTICED

John Joseph Fitzgerald , IV
Baker & Hostetler LLP (NYC)
45 Rockefeller Plaza
New York City , NY 10111
(212)-589-1673
Fax: (212)-589-4201
Email: jfitzgerald@bakerlaw.com
ATTORNEY TO BE NOTICED

Lee H. Rubin
Mayer Brown, LLP(CA)
Two Palo Alto Square
3000 El Camino Real
Suite 300
Palo Alto , CA 94306-2122
(650)-331-2037
Fax: (650)-331-2060
Email: lrubin@mayerbrownrowe.com
ATTORNEY TO BE NOTICED

Defendant

Harold L. Covert
TERMINATED: 10/31/2007

represented by

Steven J. Kolleeny
Skadden, Arps, Slate, Meagher & Flom LLP (DC)
1440 New York Avenue N.W.
Washington , DC 20005
212-735-3000
Fax: 917-777-2626
Email: skolleen@skadden.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Garrett Jay Waltzer
(See above for address)
ATTORNEY TO BE NOTICED

Henninger Simons Bullock
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Donald Listwin

represented by

Richard A. Spehr
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Garrett Jay Waltzer
(See above for address)
ATTORNEY TO BE NOTICED

Henninger Simons Bullock
(See above for address)
ATTORNEY TO BE NOTICED

John Joseph Fitzgerald , IV
(See above for address)
ATTORNEY TO BE NOTICED

Lee H. Rubin
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Alan Black

represented by

Richard A. Spehr
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Garrett Jay Waltzer
(See above for address)
ATTORNEY TO BE NOTICED

Henninger Simons Bullock
(See above for address)
ATTORNEY TO BE NOTICED

John Joseph Fitzgerald , IV
(See above for address)
ATTORNEY TO BE NOTICED

Lee H. Rubin
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Joshua A. Pace

represented by

Garrett Jay Waltzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John Joseph Fitzgerald , IV
(See above for address)
ATTORNEY TO BE NOTICED

Lee H. Rubin
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Allen E. Snyder
TERMINATED: 10/31/2007

represented by

Garrett Jay Waltzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

Steve Peters
TERMINATED: 10/31/2007

represented by

Garrett Jay Waltzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

Alain Rossmann
TERMINATED: 10/31/2007

represented by

Garrett Jay Waltzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

Simon Wilkinson
TERMINATED: 10/31/2007

represented by

Garrett Jay Waltzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

Kevin J. Kennedy

represented by

Garrett Jay Waltzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John Joseph Fitzgerald , IV
(See above for address)
ATTORNEY TO BE NOTICED

Lee H. Rubin
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Director M. Bernard Puckett

represented by

Garrett Jay Waltzer
(See above for address)
ATTORNEY TO BE NOTICED

Henninger Simons Bullock
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Director kenneth Denman

represented by

Garrett Jay Waltzer
(See above for address)
ATTORNEY TO BE NOTICED

Henninger Simons Bullock
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Director Bo C. Hedfors

represented by

Garrett Jay Waltzer
(See above for address)
ATTORNEY TO BE NOTICED

Henninger Simons Bullock
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Director Gerald Held

represented by

Henninger Simons Bullock
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Director Masood Jabbar
TERMINATED: 10/31/2007

represented by

Henninger Simons Bullock
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Director Roger L. Evans
TERMINATED: 10/31/2007

represented by

Garrett Jay Waltzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

Director Andrew W. Verhalen
TERMINATED: 10/31/2007

represented by

Garrett Jay Waltzer
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

J.P. Morgan Securities, Inc.

represented by

Andrew W. Stern
Sidley Austin LLP(NY)
787 Seventh Avenue
New York , NY 10019
212-839-5300
Fax: 212-839-5599
Email: astern@sidley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

KPMG LLP

represented by

Mary Gail Gearns
Bingham McCutchen LLP (NYC)
399 Park Avenue
New York , NY 10022
212-705-7232
Fax: 212-702-3610
Email: marygail.gearns@bingham.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Dales E. Barnes , Jr.
Bingham McCutchen, LLP
Three Embarcadero Center
San Francisco , CA 84111
(415) 393-2522
Fax: (415) 262-9206
ATTORNEY TO BE NOTICED

Scott Vick
Bingham McCutchen, LLP
1620 26th Street
Fourth Floor
North Tower
Santa Monica , CA 90404
(310) 255-9183
Fax: (310) 907-2183
ATTORNEY TO BE NOTICED

Defendant

Lehman Brothers

represented by

Andrew W. Stern
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

Merrill Lynch Pierce Fenner & Smith, Inc.

represented by

Andrew W. Stern
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

Thomas Weisel Partners LLC

represented by

Andrew W. Stern
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant

New Jersey Building Laborers Pension Fund

represented by

Lori Gwen Feldman
Milberg LLP (NYC)
One Pennsylvania Plaza
New York , NY 10119
(212)-594-5300
Fax: (212)-868-1229
Email: lfeldman@milberg.com
ATTORNEY TO BE NOTICED

Movant

Delray Beach Police & Firefighters Retirement System

represented by

Curtis Victor Trinko
Law Offices of Curtis V. Trinko, LLP
16 West 46th Street, Seventh Floor
New York , NY 10036
212-490-9550
Fax: 212-986-0158
Email: ctrinko@trinko.com
ATTORNEY TO BE NOTICED

Movant

The Pennsylvania Institutional Investors

represented by

Evan J. Smith
Brodsky & Smith, L.L.C.
240 Mineola Blvd.
Mineola , NY 11501
516-741-4977
Email: esmith@brodsky-smith.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Movant

Fresno County Employees' Retirement Association

represented by

Gerald Harlan Silk
(See above for address)
ATTORNEY TO BE NOTICED

 

Date Filed

#

Docket Text

02/21/2007

1 

COMPLAINT against Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Filing Fee $ 350.00, Receipt Number 606895)Document filed by Fred Garfield.(tro) (Entered: 02/22/2007)

02/21/2007

 

SUMMONS ISSUED as to Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (tro) (Entered: 02/22/2007)

02/21/2007

 

Magistrate Judge Henry B. Pitman is so designated. (tro) (Entered: 02/22/2007)

02/21/2007

 

Case Designated ECF. (tro) (Entered: 02/22/2007)

03/09/2007

2 

ORDER that a conference shall be held at 3:30 p.m. on 5/18/07 to consider any motion for appointment as lead plaintiff and for consolidation; named plaintiffs shall promptly serve a copy of this order on each of the dfts. (Signed by Judge Denise L. Cote on 3/9/07) (dle) (Entered: 03/12/2007)

03/09/2007

 

Set/Reset Hearings: Status Conference set for 5/18/2007 03:30 PM before Judge Denise L. Cote. (dle) (Entered: 03/12/2007)

03/23/2007

3 

ORDER that any notice of intent to serve as lead plaintiff, purs. to 15 USC 78u-4(a)(3)(A)(i), is due no later than 4/27/07; a conference shall be held at 3:30 on 5/18/07 to consider any motions for appointment as lead plaintiff or lead counsel and for consolidation. (Signed by Judge Denise L. Cote on 3/23/07) (dle) (Entered: 03/26/2007)

03/23/2007

 

Set/Reset Hearings: Status Conference set for 5/18/2007 03:30 PM before Judge Denise L. Cote. (dle) (Entered: 03/26/2007)

03/26/2007

4 

AFFIDAVIT OF SERVICE of Summons and Complaint. Openwave Systems, Inc. served on 3/7/2007, answer due 3/27/2007. Service was accepted by Susan Chin, Sr. Legal Assistant. Document filed by Fred Garfield. (Silk, Gerald) (Entered: 03/26/2007)

03/26/2007

5 

AFFIDAVIT OF SERVICE of Summons and Complaint. David C. Peterschmidt served on 3/7/2007, answer due 3/27/2007. Service was accepted by Susan Chin, Sr. Legal Assistant. Document filed by Fred Garfield. (Silk, Gerald) (Entered: 03/26/2007)

03/26/2007

6 

AFFIDAVIT OF SERVICE of Summons and Complaint. Alan Black served on 3/3/2007, answer due 3/23/2007. Service was accepted by Intelliden, Inc. Receptionist. Document filed by Fred Garfield. (Silk, Gerald) (Entered: 03/26/2007)

03/26/2007

7 

AFFIDAVIT OF SERVICE of Summons and Complaint. Donald Listwin served on 3/7/2007, answer due 3/27/2007. Service was accepted by Ledia Lopez. Document filed by Fred Garfield. (Silk, Gerald) (Entered: 03/26/2007)

03/26/2007

8 

AFFIDAVIT OF SERVICE of Summons and Complaint. Harold L. Covert served on 3/7/2007, answer due 3/27/2007. Service was accepted by Susan Chin, Sr. Legal Assistant. Document filed by Fred Garfield. (Silk, Gerald) (Entered: 03/26/2007)

04/02/2007

9 

STIPULATION AND ORDER each defendant's respective deadline to answer, move or otherwise respond to plaintiff's complaint, dated February 21, 2007, shall be stayed pending the Court's appointment of a Lead Plaintiff in this matter. SO ORDERED. (Signed by Judge Denise L. Cote on 4/2/2007) (jmi) (Entered: 04/03/2007)

04/25/2007

10 

JOINT MOTION to Change Venue. Document filed by Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin.(Kolleeny, Steven) (Entered: 04/25/2007)

04/25/2007

11 

JOINT MEMORANDUM OF LAW in Support re: 10 JOINT MOTION to Change Venue.. Document filed by Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Kolleeny, Steven) (Entered: 04/25/2007)

04/25/2007

12 

DECLARATION of Harold L. Covert, Jr. in Support re: 10 JOINT MOTION to Change Venue.. Document filed by Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Kolleeny, Steven) (Entered: 04/25/2007)

04/25/2007

13 

DECLARATION of Steven J. Kolleeny in Support re: 10 JOINT MOTION to Change Venue.. Document filed by Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (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)(Kolleeny, Steven) (Entered: 04/25/2007)

04/25/2007

14 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying FMR Corp., Harbinger Capital Partners Master Fund I, Ltd., Harbinger Capital Partners Offshore Manager, L.L.C., HMC Investors, L.L.C., Harbinger Capital Partners Speical Situations Fund, L.P., Harbinger Capital Partners Special Situations GP, LLC, HMC-New York, Inc.,Harbert management Corp., Philip Falcone, Raymond J. Harbert, Michael D. Luce as corporate parents. Document filed by Openwave Systems, Inc..(Kolleeny, Steven) Modified on 4/30/2007 (Lewis, Diahan). Modified on 4/30/2007 (Lewis, Diahan). (Entered: 04/25/2007)

04/26/2007

29 

MOTION for Garrett J. Waltzer to Appear Pro Hac Vice. Document filed by Harold L. Covert.(jco) (Entered: 04/30/2007)

04/27/2007

15 

MOTION to Appoint New Jersey Building Laborers Pension Fund to serve as lead plaintiff(s)., MOTION to Appoint Counsel., MOTION to Consolidate Cases 1:07-cv-1309, 1:07-cv-1916, 1:07-cv-1917, 1:07-cv-2512. Document filed by New Jersey Building Laborers Pension Fund. (Attachments: # 1 Text of Proposed Order)(Feldman, Lori) (Entered: 04/27/2007)

04/27/2007

16 

MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint New Jersey Building Laborers Pension Fund to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:07-cv-1309, 1:07-cv-1916, 1:07-cv-1917, 1:07-cv-2512. MOTION to Appoint New Jersey Building Laborers Pension Fund to serve as lead plaintiff(s).. Document filed by New Jersey Building Laborers Pension Fund. (Feldman, Lori) (Entered: 04/27/2007)

04/27/2007

17 

DECLARATION of Lori G. Feldman in Support re: 15 MOTION to Appoint New Jersey Building Laborers Pension Fund to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:07-cv-1309, 1:07-cv-1916, 1:07-cv-1917, 1:07-cv-2512. MOTION to Appoint New Jersey Building Laborers Pension Fund to serve as lead plaintiff(s).. Document filed by New Jersey Building Laborers Pension Fund. (Attachments: # 1 Exhibit A - First Notice# 2 Exhibit B - Certification# 3 Exhibit C - Loss Chart# 4 Exhibit D - MW Firm Resume# 5 Exhibit E - Gardy & Notis Firm Resume)(Feldman, Lori) (Entered: 04/27/2007)

04/27/2007

18 

MOTION to Appoint Delray Beach Police & Firefighters Retirement System to serve as lead plaintiff(s) , for consolidation of all related cases and for approval of selection of counsel. Document filed by Delray Beach Police & Firefighters Retirement System.(Trinko, Curtis) (Entered: 04/27/2007)

04/27/2007

19 

MEMORANDUM OF LAW in Support re: 18 MOTION to Appoint Delray Beach Police & Firefighters Retirement System to serve as lead plaintiff(s) , for consolidation of all related cases and for approval of selection of counsel. MOTION to Appoint Delray Beach Police & Firefighters Retirement System to serve as lead plaintiff(s) , for consolidation of all related cases and for approval of selection of counsel.. Document filed by Delray Beach Police & Firefighters Retirement System. (Attachments: # 1 Text of Proposed Order)(Trinko, Curtis) (Entered: 04/27/2007)

04/27/2007

20 

DECLARATION of Maya Saxena in Support re: 18 MOTION to Appoint Delray Beach Police & Firefighters Retirement System to serve as lead plaintiff(s) , for consolidation of all related cases and for approval of selection of counsel. MOTION to Appoint Delray Beach Police & Firefighters Retirement System to serve as lead plaintiff(s) , for consolidation of all related cases and for approval of selection of counsel.. Document filed by Delray Beach Police & Firefighters Retirement System. (Trinko, Curtis) (Entered: 04/27/2007)

04/27/2007

21 

MOTION to Consolidate Cases 1:07-cv-01916, 1:07-cv-01917, 1:07-cv-02515 and to Appoint Lead Plaintiff and Lead and Liaison Counsel. Document filed by The Pennsylvania Institutional Investors. (Attachments: # 1 Exhibit A - Proposed Order)(Smith, Evan) (Entered: 04/27/2007)

04/27/2007

22 

MEMORANDUM OF LAW in Support re: 21 MOTION to Consolidate Cases 1:07-cv-01916, 1:07-cv-01917, 1:07-cv-02515 and to Appoint Lead Plaintiff and Lead and Liaison Counsel.. Document filed by The Pennsylvania Institutional Investors. (Smith, Evan) (Entered: 04/27/2007)

04/27/2007

23 

DECLARATION of Evan J. Smith, Esquire in Support re: 21 MOTION to Consolidate Cases 1:07-cv-01916, 1:07-cv-01917, 1:07-cv-02515 and to Appoint Lead Plaintiff and Lead and Liaison Counsel.. Document filed by The Pennsylvania Institutional Investors. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Smith, Evan) (Entered: 04/27/2007)

04/27/2007

24 

CERTIFICATE OF SERVICE of Notice of Motion to Consolidate and Appoint Lead Plaintiff and Lead and Liaison Counsel; Memorandum of Law in Support Thereof, Declaration of Evan J. Smith, Esquire in Support Thereof, Proposed Order and Proof of Mailing served on All Counsel of Record on 04-27-07. Service was made by ECF. Document filed by The Pennsylvania Institutional Investors. (Smith, Evan) (Entered: 04/27/2007)

04/27/2007

25 

MOTION to Appoint Arkansas Teacher Retirement System and Fresno County Employees' Retirement Association to serve as lead plaintiff(s) , Appoint lead counsel, and Consolidate all related actions. Document filed by Arkansas Teacher Retirement System, Fresno County Employees' Retirement Association.(Silk, Gerald) (Entered: 04/27/2007)

04/27/2007

26 

MEMORANDUM OF LAW in Support re: 25 MOTION to Appoint Arkansas Teacher Retirement System and Fresno County Employees' Retirement Association to serve as lead plaintiff(s) , Appoint lead counsel, and Consolidate all related actions. MOTION to Appoint Arkansas Teacher Retirement System and Fresno County Employees' Retirement Association to serve as lead plaintiff(s) , Appoint lead counsel, and Consolidate all related actions.. Document filed by Arkansas Teacher Retirement System, Fresno County Employees' Retirement Association. (Silk, Gerald) (Entered: 04/27/2007)

04/27/2007

27 

DECLARATION of Gerald H. Silk in Support re: 25 MOTION to Appoint Arkansas Teacher Retirement System and Fresno County Employees' Retirement Association to serve as lead plaintiff(s) , Appoint lead counsel, and Consolidate all related actions. MOTION to Appoint Arkansas Teacher Retirement System and Fresno County Employees' Retirement Association to serve as lead plaintiff(s) , Appoint lead counsel, and Consolidate all related actions.. Document filed by Arkansas Teacher Retirement System, Fresno County Employees' Retirement Association. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Silk, Gerald) (Entered: 04/27/2007)

04/27/2007

28 

CERTIFICATE OF SERVICE. Document filed by Arkansas Teacher Retirement System, Fresno County Employees' Retirement Association. (Silk, Gerald) (Entered: 04/27/2007)

05/02/2007

30 

ORDER that a schedule will be set to address this motion at the May 18 conference. SO ORDERED. (Signed by Judge Denise L. Cote on 5/2/2007) (jmi) (Entered: 05/03/2007)

05/02/2007

31 

ORDER granting 29 Motion for Garrett J. Waltzer to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 5/2/2007) (jmi) (Entered: 05/03/2007)

05/08/2007

 

CASHIERS OFFICE REMARK on 31 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/26/2007, Receipt Number 613381. (jd) (Entered: 05/08/2007)

05/09/2007

32 

RESPONSE to Motion re: 25 MOTION to Appoint Arkansas Teacher Retirement System and Fresno County Employees' Retirement Association to serve as lead plaintiff(s) , Appoint lead counsel, and Consolidate all related actions. MOTION to Appoint Arkansas Teacher Retirement System and Fresno County Employees' Retirement Association to serve as lead plaintiff(s) , Appoint lead counsel, and Consolidate all related actions., 21 MOTION to Consolidate Cases 1:07-cv-01916, 1:07-cv-01917, 1:07-cv-02515 and to Appoint Lead Plaintiff and Lead and Liaison Counsel., 18 MOTION to Appoint Delray Beach Police & Firefighters Retirement System to serve as lead plaintiff(s) , for consolidation of all related cases and for approval of selection of counsel. MOTION to Appoint Delray Beach Police & Firefighters Retirement System to serve as lead plaintiff(s) , for consolidation of all related cases and for approval of selection of counsel.. Document filed by New Jersey Building Laborers Pension Fund. (Feldman, Lori) (Entered: 05/09/2007)

05/11/2007

33 

MEMORANDUM OF LAW in Opposition re: 15 MOTION to Appoint New Jersey Building Laborers Pension Fund to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:07-cv-1309, 1:07-cv-1916, 1:07-cv-1917, 1:07-cv-2512. MOTION to Appoint New Jersey Building Laborers Pension Fund to serve as lead plaintiff(s)., 21 MOTION to Consolidate Cases 1:07-cv-01916, 1:07-cv-01917, 1:07-cv-02515 and to Appoint Lead Plaintiff and Lead and Liaison Counsel., 18 MOTION to Appoint Delray Beach Police & Firefighters Retirement System to serve as lead plaintiff(s) , for consolidation of all related cases and for approval of selection of counsel. MOTION to Appoint Delray Beach Police & Firefighters Retirement System to serve as lead plaintiff(s) , for consolidation of all related cases and for approval of selection of counsel. and in Further Support of the Motion of Arkansas Teacher Retirement System and Fresno County Employees' Retirement Association for Appointment as Lead Plaintiff. Document filed by Arkansas Teacher Retirement System, Fresno County Employees' Retirement Association. (Silk, Gerald) (Entered: 05/11/2007)

05/11/2007

34 

RESPONSE in Support re: 21 MOTION to Consolidate Cases 1:07-cv-01916, 1:07-cv-01917, 1:07-cv-02515 and to Appoint Lead Plaintiff and Lead and Liaison Counsel.. Document filed by The Pennsylvania Institutional Investors. (Smith, Evan) (Entered: 05/11/2007)

05/22/2007

35 

SCHEDULING ORDER: Plt's response to Motion to Transfer venue due by 5/25/2007; Deft's reply due by 6/8/2007.Amended Pleadings due by 6/29/2007. Joinder of Parties due by 6/29/2007. Motion to Dismiss due by 7/27/2007. Response due by 8/17/2007, Reply due by 8/24/2007. SO ORDERED. (Signed by Judge Denise L. Cote on 5/22/2007) (jar) (Entered: 05/23/2007)

05/25/2007

36 

MEMORANDUM OF LAW in Opposition re: 10 JOINT MOTION to Change Venue.. Document filed by Arkansas Teacher Retirement System. (Silk, Gerald) (Entered: 05/25/2007)

05/25/2007

37 

DECLARATION of Gerald H. Silk in Opposition re: 10 JOINT MOTION to Change Venue.. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Silk, Gerald) (Entered: 05/25/2007)

05/25/2007

38 

CERTIFICATE OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Silk, Gerald) (Entered: 05/25/2007)

05/29/2007

39 

Case Management Order: the actions, 07cv1309(lead case), 07cv1916, 07cv1917 and 07cv2512, are consolidated for all purposes purs. to Rule 42(a) FRCP; they shall be referred to collectively as In re Openwave Systems Securities Litigation, Master File 07cv1309; a Master File is established for the consolidated proceedings in the consolidated actions, the master file shall be 07cv1309; every pleading filed in the consolidation actions and in any separate action included therein shall bear the caption, In Re Openwave Systems Securities Litigation, Master File 07cv1309(DLC); The Arkansas Teacher Retirement System is appointed lead plaintiff; Bernstein Litowitz Berger & GrossmannLLP shall serve as lead counsel for all plaintiffs in the consolidated actions and the class; lead plaintiff shall file an opposition to dfts' joint motion to transfer venue on or before 5/25/07; dfts shall submit a reply to the opposition to the joint motion to transfer venue on or before 6/8/07; lead plaintiff shall file a consolidated amended complaint for the consolidated actions and any actions subsequently consolidated with them on or before 6/29/07; dfts shall file their motion to dismiss the consolidated amended complaint on or before 7/27/07; lead plaintiff shall file its opposition to dismiss on or before 8/31/07; dfts shall file their replies to the opposition to the motion to dismiss on or before 9/17/07. Movants shall deliver to chambers on the date of reply to the motion identified in paragraph 15 and 17, two courtesy copies of all motion papers. (Signed by Judge Denise L. Cote on 5/29/07) (dle) (Entered: 05/30/2007)

05/31/2007

 

Mailed a copy of 39 Case Management Order to Attorney's Gerald H. Silk and Garrett J. Waltzer on 5-31-07. (rdz) (Entered: 05/31/2007)

06/08/2007

40 

REPLY MEMORANDUM OF LAW in Support re: 10 JOINT MOTION to Change Venue.. Document filed by Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Kolleeny, Steven) (Entered: 06/08/2007)

06/08/2007

41 

DECLARATION of Garrett J. Waltzer in Support re: 10 JOINT MOTION to Change Venue.. Document filed by Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Kolleeny, Steven) (Entered: 06/08/2007)

06/08/2007

42 

JOINT REPLY MEMORANDUM OF LAW in Support re: 10 JOINT MOTION to Change Venue. (CORRECTED. This document replaces Docket Entry No. 40). Document filed by Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Kolleeny, Steven) (Entered: 06/08/2007)

06/08/2007

43 

DECLARATION of Steven J. Kolleeny (CORRECTED. This document replaces Docket Entry No. 41) in Support re: 10 JOINT MOTION to Change Venue.. Document filed by Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Kolleeny, Steven) (Entered: 06/08/2007)

06/08/2007

44 

CERTIFICATE OF SERVICE of Joint Reply Memorandum in Support of Joint Motion to Transfer Venue; Declaration of Steven J. Kolleeny in Support of Joint Reply Memorandum to Transfer Venue, and Certificate of Service served on D. Seamus Kaskela, Richard A. Maniskas, Gerald H. Silk on 6/8/07. Service was made by Mail. Document filed by Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Kolleeny, Steven) (Entered: 06/08/2007)

06/14/2007

45 

NOTICE OF APPEARANCE by Richard A. Spehr on behalf of Alan Black, David C. Peterschmidt, Donald Listwin Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Spehr, Richard) (Entered: 06/14/2007)

06/14/2007

46 

ORDER: for reasons further set forth in said Order, defendants 10 Motion to transfer this action to the USDC-Northern District of California is DENIED. (Signed by Judge Denise L. Cote on 6/14/07) (db) (Entered: 06/15/2007)

06/21/2007

47 

NOTICE OF APPEARANCE by Laura Helen Gundersheim on behalf of Arkansas Teacher Retirement System (Gundersheim, Laura) (Entered: 06/21/2007)

06/21/2007

48 

NOTICE OF APPEARANCE by Christopher Chad Johnson on behalf of Arkansas Teacher Retirement System (Johnson, Christopher) (Entered: 06/21/2007)

06/21/2007

49 

CERTIFICATE OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Johnson, Christopher) (Entered: 06/21/2007)

06/29/2007

50 

CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT amending 1 Complaint against Joshua A. Pace, Allen E. Snyder, Steve Peters, Alain Rossmann, Simon Wilkinson, Kevin J. Kennedy, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, Roger L. Evans, Andrew W. Verhalen, Alan Black, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin.Document filed by Fresno County Employees' Retirement Association, Arkansas Teacher Retirement System. Related document: 1 Complaint filed by Fred Garfield.(db) (Entered: 07/06/2007)

07/12/2007

51 

NOTICE of CHANGE OF LAW FIRM NAME. Document filed by New Jersey Building Laborers Pension Fund. (Feldman, Lori) (Entered: 07/12/2007)

07/18/2007

52 

ACKNOWLEDGMENT OF SERVICE. J.P. Morgan Securities, Inc. served on 7/3/2007, answer due 7/23/2007. Service was accepted by Doreen Bertone. Document filed by Arkansas Teacher Retirement System. (Gundersheim, Laura) (Entered: 07/18/2007)

07/18/2007

53 

ACKNOWLEDGMENT OF SERVICE. KPMG LLP served on 7/5/2007, answer due 7/25/2007. Service was accepted by Barbara A. Weiss. Document filed by Arkansas Teacher Retirement System. (Gundersheim, Laura) (Entered: 07/18/2007)

07/18/2007

54 

AFFIDAVIT OF SERVICE. Lehman Brothers served on 7/3/2007, answer due 7/23/2007. Service was accepted by Darryl Johnson. Document filed by Arkansas Teacher Retirement System. (Gundersheim, Laura) (Entered: 07/18/2007)

07/18/2007

55 

AFFIDAVIT OF SERVICE. Merrill Lynch Pierce Fenner & Smith, Inc. served on 7/3/2007, answer due 7/23/2007. Service was accepted by Desirae Wells. Document filed by Arkansas Teacher Retirement System. (Gundersheim, Laura) (Entered: 07/18/2007)

07/18/2007

56 

AFFIDAVIT OF SERVICE. Thomas Weisel Partners LLC served on 7/3/2007, answer due 7/23/2007. Service was accepted by Lynette Ottang, Legal Assistant. Document filed by Arkansas Teacher Retirement System. (Gundersheim, Laura) (Entered: 07/18/2007)

07/19/2007

58 

ENDORSED LETTER addressed to Judge Denise Cote from Andrew W. Stern dated 7/18/07 re: Underwriter defendants and KPMG requests to file and serve their motion(s) to dismiss on or before 8/31/07; Plaintiffs would file and serve their opposition on or before 9/28/07; and the Underwriter Defendants and KPMG would file and serve their reply papers, if any, on or before 10/17/07. ENDORSEMENT: An extension is granted to 8/10/07. If a motion is filed, opposition is due 8/31/07; reply is due 9/14/07. Defendants' Motions due by 8/10/2007., Plaintiffs' Replies due by 9/14/2007., Defendants' Responses due by 8/31/2007. (Signed by Judge Denise L. Cote on 7/19/07) (ae) (Entered: 07/24/2007)

07/20/2007

57 

ENDORSED LETTER addressed to Judge Denise L. Cote from Marshall King dated 7/19/07 re: counsel for dfts request an adjournment of the briefing schedule on forthcoming motions to dismiss as follows: motions on or before 8/31/07; opposition on or before 9/28/07 and reply papers on or before 10/17/07. ENDORSEMENT: all parties may follow the schedule in the July 19 endorsement. (Signed by Judge Denise L. Cote on 7/20/07) motions due by 8/31/2007, Replies due by 10/17/2007, Responses due by 9/28/2007 (dle) (Entered: 07/23/2007)

07/25/2007

59 

TRANSCRIPT of proceedings held on 5/18/07 before Judge Denise L. Cote. (jbe) (Entered: 07/25/2007)

07/30/2007

60 

AFFIDAVIT OF SERVICE. Openwave Systems, Inc. served on 7/5/2007, answer due 7/25/2007. Service was accepted by Jeff Li, Vice-President, Asst. General Counsel. Document filed by Arkansas Teacher Retirement System. (Gundersheim, Laura) (Entered: 07/30/2007)

08/03/2007

61 

CORRECTED CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT amending 50 Amended Complaint, against Alan Black, Joshua A. Pace, Allen E. Snyder, Steve Peters, Alain Rossmann, Simon Wilkinson, Kevin J. Kennedy, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, Roger L. Evans, Andrew W. Verhalen, J.P. Morgan Securities, Inc., KPMG LLP, Lehman Brothers, Merrill Lynch Pierce Fenner & Smith, Inc., Thomas Weisel Partners LLC, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. Document filed by Arkansas Teacher Retirement System. Related document: 50 Amended Complaint,, filed by Fresno County Employees' Retirement Association, Arkansas Teacher Retirement System.(jco) (Entered: 08/07/2007)

08/10/2007

62 

MOTION to Dismiss Consolidated Amended Complaint. Document filed by J.P. Morgan Securities, Inc., Lehman Brothers, Merrill Lynch Pierce Fenner & Smith, Inc., Thomas Weisel Partners LLC.(Stern, Andrew) (Entered: 08/10/2007)

08/10/2007

63 

MEMORANDUM OF LAW in Support re: 62 MOTION to Dismiss Consolidated Amended Complaint.. Document filed by J.P. Morgan Securities, Inc., Lehman Brothers, Merrill Lynch Pierce Fenner & Smith, Inc., Thomas Weisel Partners LLC. (Stern, Andrew) (Entered: 08/10/2007)

08/10/2007

64 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Merrill Lynch & Co., Inc., Lehman Brothers Holding Inc., JPMorgan Chase & Co., Thomas Weisel Partners Group Inc. as Corporate Parent. Document filed by J.P. Morgan Securities, Inc., Lehman Brothers, Merrill Lynch Pierce Fenner & Smith, Inc., Thomas Weisel Partners LLC.(Stern, Andrew) (Entered: 08/10/2007)

08/10/2007

65 

DECLARATION of Nicholas P. Crowell in Support re: 62 MOTION to Dismiss Consolidated Amended Complaint.. Document filed by J.P. Morgan Securities, Inc., Lehman Brothers, Merrill Lynch Pierce Fenner & Smith, Inc., Thomas Weisel Partners LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C (1 of 2)# 4 Exhibit C (2 of 2)# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J (1 of 2)# 12 Exhibit J (2 of 2)# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M# 16 Exhibit N)(Stern, Andrew) (Entered: 08/10/2007)

08/10/2007

66 

MOTION to Dismiss /Notice of Motion. Document filed by KPMG LLP.Responses due by 8/31/2007(Gearns, Mary Gail) (Entered: 08/10/2007)

08/10/2007

67 

MEMORANDUM OF LAW in Support re: 66 MOTION to Dismiss /Notice of Motion.. Document filed by KPMG LLP. (Attachments: # 1 Unreported Cases)(Gearns, Mary Gail) (Entered: 08/10/2007)

08/10/2007

68 

MOTION to Dismiss Plaintiffs' Claims; and Joinder in the Motion by Openwave Systems Inc et al. to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint. Document filed by Alain Rossmann, Andrew W. Verhalen.Responses due by 8/31/2007(Waltzer, Garrett) (Entered: 08/10/2007)

08/10/2007

69 

MEMORANDUM OF LAW in Support re: 68 MOTION to Dismiss Plaintiffs' Claims; and Joinder in the Motion by Openwave Systems Inc et al. to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint.. Document filed by Alain Rossmann, Andrew W. Verhalen. (Waltzer, Garrett) (Entered: 08/10/2007)

08/10/2007

70 

CERTIFICATE OF SERVICE of Notice of Motion to Dismiss 68 and Memorandum of Law in Support 69 . Document filed by Alain Rossmann, Andrew W. Verhalen. (Waltzer, Garrett) (Entered: 08/10/2007)

08/10/2007

71 

JOINT MOTION to Dismiss. Document filed by Alan Black, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, David C. Peterschmidt, Harold L. Covert, Donald Listwin.Responses due by 8/31/2007Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Bullock, Henninger) (Entered: 08/10/2007)

08/10/2007

72 

MOTION to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint; Joinder in Motion by Kenneth D. Denman et al. to Dismiss Plaintiffs' First Corrected Consolidated Amended Class Action Complaint; and Joinder in Motion by the Underwriter Defendants to Dismiss the Consolidated and Amended Class Action Complaint. Document filed by Joshua A. Pace, Allen E. Snyder, Steve Peters, Simon Wilkinson, Kevin J. Kennedy, Roger L. Evans, Openwave Systems, Inc..Responses due by 8/31/2007(Waltzer, Garrett) (Entered: 08/10/2007)

08/10/2007

73 

JOINT MEMORANDUM OF LAW in Support re: (22 in 1:07-cv-01916-DLC, 71 in 1:07-cv-01309-DLC, 24 in 1:07-cv-02512-DLC, 21 in 1:07-cv-01917-DLC) MOTION to Dismiss.. Document filed by Alan Black, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, David C. Peterschmidt, Harold L. Covert, Donald Listwin. Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Bullock, Henninger) (Entered: 08/10/2007)

08/10/2007

74 

DECLARATION of Garrett J. Waltzer in Support re: 72 MOTION to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint; Joinder in Motion by Kenneth D. Denman et al. to Dismiss Plaintiffs' First Corrected Consolidated Amended Class Action Complaint; and Joinder i, 68 MOTION to Dismiss Plaintiffs' Claims; and Joinder in the Motion by Openwave Systems Inc et al. to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint., 71 JOINT MOTION to Dismiss.. Document filed by Alan Black, Joshua A. Pace, Allen E. Snyder, Steve Peters, Alain Rossmann, Simon Wilkinson, Kevin J. Kennedy, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, Roger L. Evans, Andrew W. Verhalen, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (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)(Waltzer, Garrett) (Entered: 08/10/2007)

08/10/2007

75 

MEMORANDUM OF LAW in Support re: 72 MOTION to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint; Joinder in Motion by Kenneth D. Denman et al. to Dismiss Plaintiffs' First Corrected Consolidated Amended Class Action Complaint; and Joinder i n Motion by the Underwriter Defendants to Dismiss the Consolidated and Amended Class Action Complaint. Document filed by Alan Black, Joshua A. Pace, Allen E. Snyder, Steve Peters, Alain Rossmann, Simon Wilkinson, Kevin J. Kennedy, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, Roger L. Evans, Andrew W. Verhalen, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Waltzer, Garrett) (Entered: 08/10/2007)

08/10/2007

76 

CERTIFICATE OF SERVICE of Notice of Motion to Dismiss 72 , Declaration of Garrett J. Waltzer 74 , and Memorandum of Law in Support 75 . Document filed by Alan Black, Joshua A. Pace, Allen E. Snyder, Steve Peters, Alain Rossmann, Simon Wilkinson, Kevin J. Kennedy, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, Roger L. Evans, Andrew W. Verhalen, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Waltzer, Garrett) (Entered: 08/10/2007)

08/13/2007

77 

CERTIFICATE OF SERVICE of KPMG LLP's Notice of Motion to Dismiss and Memorandum of Law in Support on 8/10/07. Document filed by KPMG LLP. (Gearns, Mary Gail) (Entered: 08/13/2007)

08/13/2007

78 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. None Corporate Parent. Document filed by KPMG LLP.(Gearns, Mary Gail) (Entered: 08/13/2007)

08/13/2007

79 

MOTION for Dale E. Barnes, Jr. and Scott Vick to Appear Pro Hac Vice. Document filed by KPMG LLP.(jco) (Entered: 08/15/2007)

08/16/2007

 

CASHIERS OFFICE REMARK on 79 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/13/2007, Receipt Number 623757. (jd) (Entered: 08/16/2007)

08/20/2007

80 

ORDER granting 79 Motion for Dale E. Barnes, Jr. and Scott Vick to Appear Pro Hac Vice for defendant KPMG LLP. (Signed by Judge Denise L. Cote on 8/20/07) (db) (Entered: 08/21/2007)

08/22/2007

81 

NOTICE of Name Change. Document filed by Alan Black, Joshua A. Pace, Allen E. Snyder, Steve Peters, Simon Wilkinson, Kevin J. Kennedy, David C. Peterschmidt, Donald Listwin. Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Bullock, Henninger) (Entered: 08/22/2007)

08/28/2007

 

Transmission to Attorney Admissions Clerk. Transmitted re: 80 Order on Motion to Appear Pro Hac Vice to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: 08/28/2007)

08/30/2007

82 

STIPULATION AND ORDER REGARDING EXTENSION FO PAGE LIMITS FOR PLAINTIFFS TO REPSOND TO DEFENDANTS MOTIONS TO DISMISS AND FOR DEFENDANT OPENWAVE AND THE INDIVIDUAL DEFENDANTS TO REPLY TO PLAINTIFFS OPPOSITION; 1. Lead Plaintiff shall have up to 75 pages to respond in one omnibus opposition to Defendants motions to dismiss. 2. The Openwave Defendants may combine their reply briefs and file a single reply brief not to exceed 30 pages. (Signed by Judge Denise L. Cote on 8/30/07) (pl) (Entered: 08/31/2007)

08/31/2007

83 

MEMORANDUM OF LAW in Opposition re: 68 MOTION to Dismiss Plaintiffs' Claims; and Joinder in the Motion by Openwave Systems Inc et al. to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint., 71 JOINT MOTION to Dismiss., 72 MOTION to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint; Joinder in Motion by Kenneth D. Denman et al. to Dismiss Plaintiffs' First Corrected Consolidated Amended Class Action Complaint; and Joinder i, 62 MOTION to Dismiss Consolidated Amended Complaint.. Document filed by Arkansas Teacher Retirement System. (Johnson, Christopher) (Entered: 08/31/2007)

08/31/2007

84 

DECLARATION of Chad Johnson in Opposition re: 66 MOTION to Dismiss /Notice of Motion., 72 MOTION to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint; Joinder in Motion by Kenneth D. Denman et al. to Dismiss Plaintiffs' First Corrected Consolidated Amended Class Action Complaint; and Joinder i, 62 MOTION to Dismiss Consolidated Amended Complaint., 68 MOTION to Dismiss Plaintiffs' Claims; and Joinder in the Motion by Openwave Systems Inc et al. to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint., 71 JOINT MOTION to Dismiss.. Document filed by Arkansas Teacher 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# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T)(Johnson, Christopher) (Entered: 08/31/2007)

08/31/2007

85 

CERTIFICATE OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Johnson, Christopher) (Entered: 08/31/2007)

09/12/2007

86 

ENDORSED LETTER addressed to Denise L. Cote from Mary Gail Gearns dated 9/11/07 re: Dft. KPMG LLC requests an extension of time to submit their reply papers on their respective motions to dismiss until Tuesday, 9/18/07. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/12/07) (pl) Modified on 9/21/2007 (Lancaster, Patricia). Modified on 9/21/2007 (Lancaster, Patricia). (Entered: 09/12/2007)

09/18/2007

87 

REPLY MEMORANDUM OF LAW in Support re: 62 MOTION to Dismiss Consolidated Amended Complaint.. Document filed by J.P. Morgan Securities, Inc., Lehman Brothers, Merrill Lynch Pierce Fenner & Smith, Inc., Thomas Weisel Partners LLC. (Stern, Andrew) (Entered: 09/18/2007)

09/18/2007

88 

JOINT REPLY MEMORANDUM OF LAW in Support re: 68 MOTION to Dismiss Plaintiffs' Claims; and Joinder in the Motion by Openwave Systems Inc et al. to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint., 71 JOINT MOTION to Dismiss., 72 MOTION to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint; Joinder in Motion by Kenneth D. Denman et al. to Dismiss Plaintiffs' First Corrected Consolidated Amended Class Action Complaint; and Joinder i. Document filed by Alan Black, Joshua A. Pace, Allen E. Snyder, Steve Peters, Alain Rossmann, Simon Wilkinson, Kevin J. Kennedy, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, Roger L. Evans, Andrew W. Verhalen, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Waltzer, Garrett) (Entered: 09/18/2007)

09/18/2007

89 

DECLARATION of Garrett J. Waltzer (SUPPLEMENTAL) in Support re: 68 MOTION to Dismiss Plaintiffs' Claims; and Joinder in the Motion by Openwave Systems Inc et al. to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint., 71 JOINT MOTION to Dismiss., 72 MOTION to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint; Joinder in Motion by Kenneth D. Denman et al. to Dismiss Plaintiffs' First Corrected Consolidated Amended Class Action Complaint; and Joinder i. Document filed by Alan Black, Joshua A. Pace, Allen E. Snyder, Steve Peters, Alain Rossmann, Simon Wilkinson, Kevin J. Kennedy, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, Roger L. Evans, Andrew W. Verhalen, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Waltzer, Garrett) (Entered: 09/18/2007)

09/18/2007

90 

CERTIFICATE OF SERVICE of Consolidated Reply Memorandum of Law in Support of the Motions of Openwave Systems Inc. and all Individual Defendants to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint; Supplemental Declaration of Garrett J. Waltzer in Further Support of: (1) the Motion By Openwave Systems Inc. et al. to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint; (2) the Motion by Kenneth D. Denman et al. to Dismiss Plaintiffs' First Corrected Consolidated and Amended Class Action Complaint; and (3) the Motion by Alain Rossman and Andrew Verhalen to Dismiss Plaintiffs' Claims Against Them with attached Exhibits A-B. served on D. Seamus Kaskela, Richard A. Maniskas on 09/18/2007. Service was made by Mail. Document filed by Alan Black, Joshua A. Pace, Allen E. Snyder, Steve Peters, Alain Rossmann, Simon Wilkinson, Kevin J. Kennedy, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, Roger L. Evans, Andrew W. Verhalen, Openwave Systems, Inc., David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Waltzer, Garrett) (Entered: 09/18/2007)

09/18/2007

91 

REPLY MEMORANDUM OF LAW in Support re: 66 MOTION to Dismiss /Notice of Motion.. Document filed by KPMG LLP. (Gearns, Mary Gail) (Entered: 09/18/2007)

09/19/2007

92 

CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of KPMG's Motion to Dismiss on 9/18/07. Service was made by First Class Mail. Document filed by KPMG LLP. (Marcus, David) (Entered: 09/19/2007)

09/27/2007

93 

NOTICE of Supplemental Authority. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Exhibit Exhibits A-D# 2 Certificate of Service)Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Gundersheim, Laura) (Entered: 09/27/2007)

10/03/2007

94 

NOTICE of of Supplemental Authority. Document filed by Alain Rossmann, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, Roger L. Evans, Andrew W. Verhalen, Harold L. Covert. (Attachments: # 1 Exhibit)(Waltzer, Garrett) (Entered: 10/03/2007)

10/03/2007

95 

CERTIFICATE OF SERVICE. Document filed by Alain Rossmann, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Gerald Held, Masood Jabbar, Roger L. Evans, Andrew W. Verhalen, Harold L. Covert. (Waltzer, Garrett) (Entered: 10/03/2007)

10/31/2007

96 

OPINION & ORDER: Defendant's motion to dismiss is granted with respect to all Securities Act claims; granted with respect to the Exchange Act Section 10(b) and SEC Rule 10b-5 claims as to defendants Peterschmidt, Covert, Jabbar, Rossman, Evans and Verhalen; and granted with respect to the Exchange Act Section 20A claims as to defendants Peterschmidt, Rossman, Synder, Peters and Wilkinson. The motion to dismiss is denied with respect to the Exchange Act Section10(b) and SEC Rule 10b-5 claims as to defendants Openware, Puckett, Denman, Hedfors, Listwin, Black, Pace and Kennedy; denied with respect to the Exchange Act Section 20(a) claims; and denied with respect to the Exchange Act Section 20A claims as to the defendants Puckett, Listwin, Pace and Kennedy. (Signed by Judge Denise L. Cote on 10/31/07) (db) (Entered: 10/31/2007)

10/31/2007

97 

ORDER: Counsel for all parties remaining in the action are directed to appear for a conference with the Court, on 12/14/07 at 4:00 p.m., at the United States Courthouse, 500 Pearl Street, New York, New York, Courtroom 11B. (Signed by Judge Denise L. Cote on 10/31/07) (db) (Entered: 10/31/2007)

11/14/2007

98 

FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MOTION for Reconsideration(MEMORANDUM OF LAW IN SUPPORT OF MOTION). Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Notice of Motion# 2 Cert. of Service)Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Gundersheim, Laura) Modified on 11/15/2007 (KA). (Entered: 11/14/2007)

11/15/2007

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney Laura Helen Gundersheim to RE-FILE Document 98 MOTION for Reconsideration. (KA) (Entered: 11/15/2007)

11/15/2007

99 

MOTION for Reconsideration. Document filed by Arkansas Teacher Retirement System.Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Gundersheim, Laura) (Entered: 11/15/2007)

11/15/2007

100 

MEMORANDUM OF LAW in Support re: (27 in 1:07-cv-01916-DLC, 99 in 1:07-cv-01309-DLC, 29 in 1:07-cv-02512-DLC, 26 in 1:07-cv-01917-DLC) MOTION for Reconsideration.. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Gundersheim, Laura) (Entered: 11/15/2007)

11/19/2007

101 

STIPULATION AND ORDER EXTENDING TIME TO ANSWER: defendants' time to answer the complaint shall be extended through and including 12/10/2007. (Signed by Judge Denise L. Cote on 11/19/07) (kco) (Entered: 11/19/2007)

11/30/2007

102 

MEMORANDUM OF LAW in Opposition re: (27 in 1:07-cv-01916-DLC, 99 in 1:07-cv-01309-DLC, 29 in 1:07-cv-02512-DLC, 26 in 1:07-cv-01917-DLC) MOTION for Reconsideration.. Document filed by David C. Peterschmidt. Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Bullock, Henninger) (Entered: 11/30/2007)

12/07/2007

103 

REPLY MEMORANDUM OF LAW in Support re: (29 in 1:07-cv-02512-DLC) MOTION for Reconsideration.. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Gundersheim, Laura) (Entered: 12/07/2007)

12/07/2007

104 

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Certificate of Service)Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Gundersheim, Laura) (Entered: 12/07/2007)

12/10/2007

105 

NOTICE OF APPEARANCE by Marshall Ross King on behalf of Openwave Systems, Inc. Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(King, Marshall) (Entered: 12/10/2007)

12/10/2007

106 

NOTICE OF APPEARANCE by Paul Jeffrey Collins on behalf of Openwave Systems, Inc. Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Collins, Paul) (Entered: 12/10/2007)

12/10/2007

107 

ANSWER to Amended Complaint. Document filed by Openwave Systems, Inc.. (Attachments: # 1 Certificate of Service)(King, Marshall) (Entered: 12/10/2007)

12/10/2007

108 

ANSWER to Amended Complaint. Document filed by Alan Black, Joshua A. Pace, Kevin J. Kennedy, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, David C. Peterschmidt, Harold L. Covert, Donald Listwin. Related document: 61 Amended Complaint,, filed by Arkansas Teacher Retirement System.(Waltzer, Garrett) (Entered: 12/10/2007)

12/11/2007

109 

CERTIFICATE OF SERVICE of Answer To First Corrected Consolidated Amended Class Action Complaint served on Schiffrin Barroway Topaz & Kessler, LLP on 12/10/2007. Service was made by Mail. Document filed by Alan Black, Joshua A. Pace, Kevin J. Kennedy, M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, David C. Peterschmidt, Harold L. Covert, Donald Listwin. (Waltzer, Garrett) (Entered: 12/11/2007)

12/12/2007

110 

REPORT of Rule 26(f) Planning Meeting.(Bullock, Henninger) (Entered: 12/12/2007)

12/14/2007

111 

ORDER denying (99) Motion for Reconsideration in case 1:07-cv-01309-DLC; denying (27) Motion for Reconsideration in case 1:07-cv-01916-DLC; denying (26) Motion for Reconsideration in case 1:07-cv-01917-DLC; denying (29) Motion for Reconsideration in case 1:07-cv-02512-DLC. (Signed by Judge Denise L. Cote on 12/14/07) Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC. (db) (Entered: 12/17/2007)

12/19/2007

112 

PRETRIAL SCHEDULING ORDER: Rule 26(a)(1) Initial Disclosures due by 1/4/2008. Pretrial Order due by 2/20/2008. Next Pretrial Conference set for 5/9/2008 at 10:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. Motions to Certify Class due by 5/30/2008. Fact Discovery due 10/18/08. Expert Discovery due by 1/30/2009. (Signed by Judge Denise L. Cote on 12/18/07) (db) (Entered: 12/19/2007)

01/31/2008

113 

TRANSCRIPT of proceedings held on 12/14/07 @ 4:06PM CONFERENCE before Judge Denise L. Cote. (pr) (Entered: 01/31/2008)

02/01/2008

114 

TRANSCRIPT of proceedings held on 12/14/07 @ 4:06PM conference before Judge Denise L. Cote. (pr) (Entered: 02/01/2008)

05/14/2008

115 

PRETRIAL SCHEDULING ORDER: The parties shall submit a letter to the Court by 5/16/08 regarding electronic document production. All fact discovery must be completed by 10/17/08. The following motion will be served by the dates indicated: Motion served by 6/20/08, Opposition served by 7/18/08, Reply served by 8/8/08. (Signed by Judge Denise L. Cote on 5/14/08) Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(tro) (Entered: 05/14/2008)

05/15/2008

116 

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Denise L. Cote on 5/14/08) (cd) (Entered: 05/15/2008)

06/03/2008

117 

TRANSCRIPT of proceedings held on 5/10/2008 before Judge Denise L. Cote. (ama) (Entered: 06/03/2008)

06/03/2008

118 

ENDORSED STIPULATED PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. ENDORSEMENT: This stipulation binds the parties to treat as confidential the documents so classified. The Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review. Moreover the Court does not so order Paragraph 8, which purports to authorize the parties to file documents under seal without a prior court order. (Signed by Judge Denise L. Cote on 6/2/2008) Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(jfe) (Entered: 06/03/2008)

06/03/2008

119 

ENDORSED LETTER addressed to Judge Denise L. Cote from Chad Johnson dated 5/16/2008 re: Counsel respectfully request that the Court establish a firm date for the completion of Openwave's production of its hard copy documents and its electronic documents. ENDORSEMENT: The parties shall promptly meet and confer to address all unresolved discovery issues. Any issues which thereafter remain in dispute shall be addressed at a conference on June 11 at 4:00 p.m. (Signed by Judge Denise L. Cote on 6/3/2008) (jfe) (Entered: 06/03/2008)

06/20/2008

120 

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Chad Johnson, # 3 Exhibit 1 to Declaration of Chad Johnson, # 4 Exhibit 1 to Exhibit 1 of Declaration of Chad Johnson, # 5 Exhibit 2 to Exhibit 1 of Declaration of Chad Johnson, # 6 Exhibit 3 to Exhibit 1 of Declaration of Chad Johnson, # 7 Exhibit 4 to Exhibit 1 of Declaration of Chad Johnson, # 8 Exhibit 5 to Exhibit 1 of Declaration of Chad Johnson, # 9 Exhibit 6 to Exhibit 1 of Declaration of Chad Johnson, # 10 Exhibit 7 to Exhibit 1 of Declaration of Chad Johnson, # 11 Exhibit 8 to Exhibit 1 of Declaration of Chad Johnson, # 12 Exhibit 9 [Part 1] to Exhibit 1 of Declaration of Chad Johnson, # 13 Exhibit 9 [Part 2] to Exhibit 1 of Declaration of Chad Johnson, # 14 Exhibit 9 [Part 3] to Exhibit 1 of Declaration of Chad Johnson, # 15 Exhibit 9 [Part 4] to Exhibit 1 of Declaration of Chad Johnson, # 16 Exhibit 9 [Part 5] to Exhibit 1 of Declaration of Chad Johnson, # 17 Exhibit 9 [Part 6] to Exhibit 1 of Declaration of Chad Johnson, # 18 Exhibit 9 [Part 7] to Exhibit 1 of Declaration of Chad Johnson, # 19 Exhibit 10 to Exhibit 1 of Declaration of Chad Johnson, # 20 Exhibit 11 to Exhibit 1 of Declaration of Chad Johnson, # 21 Exhibit 12 to Exhibit 1 of Declaration of Chad Johnson, # 22 Exhibit 13 to Exhibit 1 of Declaration of Chad Johnson, # 23 Exhibit 2 to Declaration of Chad Johnson, # 24 Exhibit 3 to Declaration of Chad Johnson)(Gundersheim, Laura) Modified on 6/23/2008 (jar). (Entered: 06/20/2008)

06/20/2008

121 

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Certify Class (CERTIFICATE OF SERVICE). Document filed by Arkansas Teacher Retirement System.(Gundersheim, Laura) Modified on 6/23/2008 (jar). (Entered: 06/20/2008)

06/23/2008

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Laura Gundersheim to RE-FILE Document 120 MOTION to Certify Class. ERROR(S): (1) Supporting documents must be filed individually. Event code for Memorandum of Law in Support found under Replies, Oppositions, Supporting Documents. Event code for Declaration in Support (non-motion) found under Other Answers. (2) Each motion being made must be selected under the Motions menu, ex/ Certify Class, Appoint Lead Plaintiff(s), Appoint Counsel. Select each type of motion by holding down "ctrl" key and left click with mouse each selection. (jar) (Entered: 06/23/2008)

06/23/2008

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Laura Gundersheim to RE-FILE Document 121 MOTION to Certify Class (CERTIFICATE OF SERVICE). Use the document type Certificate of Service found under the document list Service of Process. (jar) (Entered: 06/23/2008)

06/23/2008

122 

MOTION to Certify Class. Document filed by Arkansas Teacher Retirement System.(Gundersheim, Laura) (Entered: 06/23/2008)

06/23/2008

123 

MEMORANDUM OF LAW in Support re: 122 MOTION to Certify Class.. Document filed by Arkansas Teacher Retirement System. (Gundersheim, Laura) (Entered: 06/23/2008)

06/23/2008

124 

DECLARATION of Chad Johnson in Support re: 123 Memorandum of Law in Support of Motion. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Exhibit 1 to Declaration of Chad Johnson, # 2 Exhibit 1 to Exhibit 1 to Declaration of Chad Johnson, # 3 Exhibit 2 to Exhibit 1 to Declaration of Chad Johnson, # 4 Exhibit 3 to Exhibit 1 to Declaration of Chad Johnson, # 5 Exhibit 4 to Exhibit 1 to Declaration of Chad Johnson, # 6 Exhibit 5 to Exhibit 1 to Declaration of Chad Johnson, # 7 Exhibit 6 to Exhibit 1 to Declaration of Chad Johnson, # 8 Exhibit 7 to Exhibit 1 to Declaration of Chad Johnson, # 9 Exhibit 8 to Exhibit 1 to Declaration of Chad Johnson, # 10 Exhibit 9 [Part 1] to Exhibit 1 to Declaration of Chad Johnson, # 11 Exhibit 9 [Part 2] to Exhibit 1 to Declaration of Chad Johnson, # 12 Exhibit 9 [Part 3] to Exhibit 1 to Declaration of Chad Johnson, # 13 Exhibit 9 [Part 4] to Exhibit 1 to Declaration of Chad Johnson, # 14 Exhibit 9 [Part 5] to Exhibit 1 to Declaration of Chad Johnson, # 15 Exhibit 9 [Part 6] to Exhibit 1 to Declaration of Chad Johnson, # 16 Exhibit 9 [Part 7] to Exhibit 1 to Declaration of Chad Johnson, # 17 Exhibit 10 to Exhibit 1 to Declaration of Chad Johnson, # 18 Exhibit 11 to Exhibit 1 to Declaration of Chad Johnson, # 19 Exhibit 12 to Exhibit 1 to Declaration of Chad Johnson, # 20 Exhibit 13 to Exhibit 1 to Declaration of Chad Johnson, # 21 Exhibit 2 to Declaration of Chad Johnson, # 22 Exhibit 3 to declaration of Chad Johnson)(Gundersheim, Laura) (Entered: 06/23/2008)

06/23/2008

125 

CERTIFICATE OF SERVICE of Memorandum of Law in Support of Motion to Certify Class. Document filed by Arkansas Teacher Retirement System. (Gundersheim, Laura) (Entered: 06/23/2008)

07/11/2008

126 

ENDORSED LETTER addressed to Judge Denise L. Cote from Marshall R. King dated 7/10/08 re: Defendants requests a consented extension of the response to motion until 8/15/08. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 7/11/08) (db) (Entered: 07/11/2008)

07/14/2008

127 

ENDORSED LETTER addressed to Judge Denise L. Cote from Marshall R. King dated 7/10/2008 re: Counsel request an adjournment to the briefing schedule on Lead Plaintiff's motion for class certification. ENDORSEMENT: Denied. So ordered. (Signed by Judge Denise L. Cote on 7/11/2008) (jfe) (jfe). (Entered: 07/14/2008)

07/14/2008

128 

ENDORSED LETTER addressed to Judge Denise L. Cote from Paul Collins dated 7/11/2008 re: Counsel writes in response to Mr. John's letter of earlier today relating to the parties stipulated request for an adjournment to the briefing schedule regarding Lead Plaintiff's class certification motion. Counsel agreed to adjourn a previously scheduled deposition in exchange for lead Plaintiff's consent to an adjournment of the briefing schedule. Thus, the requested adjustment of the briefing schedule is still warranted and respectfully request that Your Honor approve it. ENDORSEMENT: The parties may, on consent, modify the dates for opposition so long as the motion is fully submitted on August 8. So ordered. (Signed by Judge Denise L. Cote on 7/14/2008) (jfe) (Entered: 07/14/2008)

07/18/2008

129 

MEMORANDUM OF LAW in Opposition re: (122 in 1:07-cv-01309-DLC) MOTION to Certify Class.. Document filed by Openwave Systems, Inc.. Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Collins, Paul) (Entered: 07/18/2008)

07/18/2008

130 

DECLARATION of Paul J. Collins in Opposition re: (122 in 1:07-cv-01309-DLC) MOTION to Certify Class.. Document filed by Openwave Systems, Inc.. (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)Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Collins, Paul) (Entered: 07/18/2008)

07/18/2008

131 

DECLARATION of Paul A. Gompers in Opposition re: (122 in 1:07-cv-01309-DLC) MOTION to Certify Class.. Document filed by Openwave Systems, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Collins, Paul) (Entered: 07/18/2008)

07/18/2008

132 

CERTIFICATE OF SERVICE of Memo of Law In Support of Defendant Openwave Systems Inc.'s Opposition for Class Certification, Declaration of Paul J. Collins In Support of Defendant Openwave Systems Inc.'s Opposition for Class Certification, Declaration of Paul A. Gompers In Support of Defendant Openwave Systems Inc.'s Opposition for Class Certification served on Plaintiffs and Co-Defendants on 7/18/2008. Service was made by Overnight Delivery and ECF Notification. Document filed by Openwave Systems, Inc.. Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Collins, Paul) (Entered: 07/18/2008)

07/18/2008

133 

JOINDER to join re: (129 in 1:07-cv-01309-DLC, 36 in 1:07-cv-01917-DLC, 37 in 1:07-cv-01916-DLC, 39 in 1:07-cv-02512-DLC) Memorandum of Law in Opposition to Motion for Class Certification. Document filed by M. Bernard Puckett, kenneth Denman, Bo C. Hedfors, Harold L. Covert. (Attachments: # 1 (Certificate of Service))Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Park, Amy) (Entered: 07/18/2008)

07/21/2008

134 

FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Lee H. Rubin on behalf of Alan Black, Joshua A. Pace, Kevin J. Kennedy, David C. Peterschmidt, Donald Listwin (Rubin, Lee) Modified on 7/23/2008 (db). (Entered: 07/21/2008)

07/21/2008

135 

FIRST JOINDER to join Defendants Black, Pace, Kennedy, Peterschmidt, Listwin in Openwave System Inc.'s Oppostion to Lead Plaintiff's Motion for Class Certification. Document filed by Alan Black, Joshua A. Pace, Kevin J. Kennedy, David C. Peterschmidt, Donald Listwin.(Rubin, Lee) (Entered: 07/21/2008)

07/23/2008

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Lee H. Rubin to RE-FILE Document 134 Notice of Appearance. ERROR(S): Name of Attorney Filing Appearance (Lee H. Rubin) Does Not Match Attorney Signing Appearance John Joseph Fitzgerald, IV). (db) (Entered: 07/23/2008)

07/24/2008

136 

NOTICE OF APPEARANCE by John Joseph Fitzgerald, IV on behalf of Alan Black, Joshua A. Pace, Kevin J. Kennedy, David C. Peterschmidt, Donald Listwin (Fitzgerald, John) (Entered: 07/24/2008)

07/28/2008

137 

MOTION for Joseph W. Guzzetta to Appear Pro Hac Vice. Document filed by Openwave Systems, Inc.(dle) (Entered: 07/29/2008)

07/29/2008

 

CASHIERS OFFICE REMARK on 137 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/28/2008, Receipt Number 657767. (jd) (Entered: 07/29/2008)

07/29/2008

138 

MOTION for Benjamin Glickman to Appear Pro Hac Vice. Document filed by Openwave Systems, Inc.(dle) (Entered: 07/30/2008)

07/31/2008

139 

MOTION for Sally J. Berens to Appear Pro Hac Vice. Document filed by Openwave Systems, Inc.(dle) (Entered: 08/01/2008)

08/01/2008

 

CASHIERS OFFICE REMARK on 138 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 7/29/08, Receipt Number 658492. (Quintero, Marcos) (Entered: 08/01/2008)

08/01/2008

140 

MEMORANDUM ENDORSEMENT re: 137 Motion for Joseph W. Guzzetta to Appear Pro Hac Vice for defendant Openwave Systems, Inc. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/1/08) (db) Modified on 8/1/2008 (db). (Entered: 08/01/2008)

08/01/2008

 

Transmission to Attorney Admissions Clerk. Transmitted re: 140 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: 08/01/2008)

08/01/2008

141 

MEMORANDUM ENDORSEMENT re: 138 MOTION for Benjamin Glickman to Appear Pro Hac Vice for defendant Openwave Systems, Inc. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/1/08) (db) (Entered: 08/01/2008)

08/01/2008

 

Transmission to Attorney Admissions Clerk. Transmitted re: 141 Order on Motion to Appear Pro Hac Vice to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: 08/01/2008)

08/04/2008

 

CASHIERS OFFICE REMARK on 139 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/31/2008, Receipt Number 658749. (jd) (Entered: 08/04/2008)

08/06/2008

142 

MEMO ENDORSEMENT: granting 139 Motion for Sally J. Berens to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/5/2008) (tve) (Entered: 08/06/2008)

08/06/2008

 

Transmission to Attorney Admissions Clerk. Transmitted re: 142 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tve) (Entered: 08/06/2008)

08/08/2008

143 

REPLY MEMORANDUM OF LAW in Support re: (122 in 1:07-cv-01309-DLC) MOTION to Certify Class.. Document filed by Arkansas Teacher Retirement System. Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Gundersheim, Laura) (Entered: 08/08/2008)

08/08/2008

144 

CERTIFICATE OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Gundersheim, Laura) (Entered: 08/08/2008)

09/10/2008

145 

ORDER: It is hereby ordered that the parties' papers in support of preliminary approval of the settlement are due no later than September 26, 2008. So Ordered (Signed by Judge Denise L. Cote on 9/10/08) (js) (Entered: 09/10/2008)

09/26/2008

146 

ENDORSED LETTER addressed to Judge Denise L. Cote from Paul J. Collins dated 9/25/2008 re: Requesting an extension of time to October 10, 2008 to file a request for preliminary approval of the settlement. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/26/2008) (jpo) (Entered: 09/29/2008)

10/16/2008

147 

ORDER: It is hereby ordered that the parties, on consent, may extend the period of fact discovery to November 21, 2008. It is further ordered that the parties submit letters of no longer than five pages addressing the impact on In re Salomon Anaylyst Metromedia Litigation, F.3d, 2008 WL 4426412 (2d Cir. Oct. 14, 2008), on plaintiff's motion for class certification. Defendants' letter shall be due by October 22, 2008, and plaintiff's letter shall be due by October 29, 2008. So Ordered. (Signed by Judge Denise L. Cote on 10/16/08) (js) (Entered: 10/16/2008)

10/28/2008

148 

NOTICE of Settlement Notice of Unopposed Motion for Preliminary Approval of Settlement, Preliminary Certification of the Class and Approval of Notice of the Class. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit A-1, # 4 Exhibit A-2, # 5 Exhibit A-3, # 6 Exhibit B, # 7 Exhibit 2)Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Johnson, Christopher) (Entered: 10/28/2008)

10/28/2008

149 

MEMORANDUM OF LAW in Support re: (45 in 1:07-cv-02512-DLC) Notice of Settlement, Memorandum of Law in Support of Lead Plaintiff's Unopposed Motion for Preliminary Approval of Settlement, Certification of the Class for Settlement Purposes and Approval of Notice to the Class. Document filed by Arkansas Teacher Retirement System. Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(Johnson, Christopher) (Entered: 10/28/2008)

11/05/2008

150 

ORDER PRELIMINARILY APPROVING SETTLEMENT AND SETTING SETTLEMENT HEARING: It is hereby Ordered that the Court, for purposes of this Order, adopts all defined terms as set forth in the Stipulation. The Court preliminarily approves the Settlement on the terms set forth in the Stipulation, subject to further consideration at the Settlement Hearing to be held before this Court on February 27, 2009, at 2:30 p.m., at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007. The Court approves the selection of The Garden City Group, Inc. by Lead Counsel as the Claims Administrator. Lead Counsel may pay from the Settlement Fund, without further approval from Defendants or further order of the Court, all reasonable Notice and Administration Costs actually incurred. Such costs and expenses shall include, without limitation, the actual costs of publication, printing and mailing the Notice, reimbursements to nominee owners for forwarding the Notice to their beneficial owners, the administrative expenses incurred and fees charged by the Claims Administrator in connection with providing Notice and processing the submitted claims, and the fees, if any, of the Escrow Agent. (Signed by Judge Denise L. Cote on 11/5/2008) Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(jfe) (Entered: 11/05/2008)

11/25/2008

151 

TRANSCRIPT of proceedings held on 11/3/2008 before Judge Denise L. Cote. Court Reporter: Southern District Reporters, P.C.. (cg) (Entered: 12/02/2008)

02/20/2009

152 

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Settlement MOTION for Attorney Fees. Document filed by Arkansas Teacher Retirement System.(Johnson, Christopher) Modified on 2/23/2009 (jar). (Entered: 02/20/2009)

02/20/2009

153 

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Chad Johnson in Support re: 152 MOTION for Settlement MOTION for Attorney Fees.. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit Exhibit A to Fraga Aff, # 3 Exhibit 1A- Part 2- Fraga Aff, # 4 Exhibit Exhibit 1B- Fraga Aff, # 5 Exhibit Exhibit 1C- Fraga Aff, # 6 Exhibit Exhibit 1D- Fraga Aff, # 7 Exhibit Exhibit 1D Part 2- Fraga Aff, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 5A, # 13 Exhibit 5B Part 1, # 14 Exhibit Exhibit 5B Part 2, # 15 Exhibit Exhibit 5C, # 16 Exhibit 6, # 17 Exhibit 7)(Johnson, Christopher) Modified on 2/23/2009 (jar). (Entered: 02/20/2009)

02/20/2009

154 

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 152 MOTION for Settlement MOTION for Attorney Fees. Memorandum of Law in Support of Lead Plaintiff's Motion for Final Approval of Settlement and Plan of Allocation of Settlement Proceeds. Document filed by Arkansas Teacher Retirement System. (Johnson, Christopher) Modified on 2/23/2009 (jar). (Entered: 02/20/2009)

02/20/2009

155 

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 152 MOTION for Settlement MOTION for Attorney Fees. Memorandum of Law in Support of Lead Counsel's Motion for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Johnson, Christopher) Modified on 2/23/2009 (jar). (Entered: 02/20/2009)

02/20/2009

156 

CERTIFICATE OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Johnson, Christopher) (Entered: 02/20/2009)

02/20/2009

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher Johnson to RE-FILE Document 152 MOTION for Settlement MOTION for Attorney Fees. ERROR(S): When filing a Motion with multiple requests, each specific request must be selected from the Motions menu. (Ex/ Settlement, Attorney Fees). (jar) (Entered: 02/23/2009)

02/20/2009

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher Johnson to RE-FILE Document 153 Declaration in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. (jar) (Entered: 02/23/2009)

02/20/2009

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher Johnson to RE-FILE Document 154 Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. (jar) (Entered: 02/23/2009)

02/20/2009

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher Johnson to RE-FILE Document 155 Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. (jar) (Entered: 02/23/2009)

02/23/2009

157 

MOTION for Settlement., MOTION for Attorney Fees. Document filed by Arkansas Teacher Retirement System.(Johnson, Christopher) (Entered: 02/23/2009)

02/23/2009

158 

DECLARATION of Chad Johnson in Support re: 157 MOTION for Settlement. MOTION for Attorney Fees.. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit Exhibit 1A- Fraga, # 3 Exhibit Exhibit 1A Part 2 - Fraga, # 4 Exhibit Exhibit 1B- Fraga, # 5 Exhibit Exhibit 1C- Fraga, # 6 Exhibit Exhibit 1D- Fraga, # 7 Exhibit Exhibit 1D Part 2- Fraga, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit Exhibit 5A, # 13 Exhibit Exhibit 5B Part 1, # 14 Exhibit Exhibit 5B Part 2, # 15 Exhibit Exhibit 5C, # 16 Exhibit 6, # 17 Exhibit 7)(Johnson, Christopher) (Entered: 02/23/2009)

02/23/2009

159 

MEMORANDUM OF LAW in Support re: 157 MOTION for Settlement. MOTION for Attorney Fees. MEMORANDUM OF LAW IN SUPPORT OF LEAD PLAINTIFFS MOTION FOR FINAL APPROVAL OF SETTLEMENT AND PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS. Document filed by Arkansas Teacher Retirement System. (Johnson, Christopher) (Entered: 02/23/2009)

02/23/2009

160 

MEMORANDUM OF LAW in Support re: 157 MOTION for Settlement. MOTION for Attorney Fees. MEMORANDUM OF LAW IN SUPPORT OF LEAD COUNSELS MOTION FOR AN AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF LITIGATION EXPENSES. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Johnson, Christopher) (Entered: 02/23/2009)

02/27/2009

161 

ORDER AWARDING ATTORNEYS' FEES AND EXPENSES: Lead Counsel are hereby awarded attorneys' fees in the amount of 23% of the $20 million Settlement Amount net of the Court-awarded litigation expenses, with interest thereon at the same net rate as earned by the Settlement Fund from the date the Settlement Fund was funded to the date of payment, which sum the Court finds to be fair and reasonable, and $327,889.73 in reimbursement of litigation expenses, which expenses shall be paid to Lead Counsel from the Settlement Fund. The award of attorneys' fees shall be allocated among Plaintiffs' Counsel in a manner which, in the opinion of Lead Counsel, fairly compensates Plaintiffs' Counsel for their respective contributions in the prosecution and settlement of the Consolidated Action. (Signed by Judge Denise L. Cote on 2/27/2009) Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(tve) (Entered: 02/27/2009)

02/27/2009

162 

JUDGMENT settling action. (Signed by Judge Denise L. Cote on 2/27/09) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(ml) (Entered: 03/02/2009)

03/12/2009

163 

TRANSCRIPT of proceedings held on 2/27/2009 before Judge Denise L. Cote. (jfe) (Entered: 03/20/2009)

03/18/2010

164 

MOTION to Approve LEAD PLAINTIFFS NOTICE OF MOTION FOR APPROVAL OF DISTRIBUTION PLAN. Document filed by Arkansas Teacher Retirement System.(Johnson, Christopher) (Entered: 03/18/2010)

03/18/2010

165 

DECLARATION of Stephen J. Cirami in Support re: 164 MOTION to Approve LEAD PLAINTIFFS NOTICE OF MOTION FOR APPROVAL OF DISTRIBUTION PLAN.. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B-B2, # 3 Exhibit B3, # 4 Exhibit B4-B5, # 5 Exhibit B6, # 6 Exhibit B7-B9, # 7 Exhibit B10-B12, # 8 Exhibit C-1, # 9 Exhibit C-2, # 10 Exhibit C-3, # 11 Exhibit D)(Johnson, Christopher) (Entered: 03/18/2010)

03/18/2010

166 

CERTIFICATE OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Johnson, Christopher) (Entered: 03/18/2010)

06/01/2010

167 

ORDER: that GCG's recommendation to reject the 12 Disputed Claims is accepted, except as to Disputed Claim 6 and Disputed Claim 8, as to which a separate Order shall issue requesting additional information from GCG. Lead Plaintiff and GCG shall promptly send a copy of this Order to all claimants affected by it. (Signed by Judge Denise L. Cote on 6/1/2010) Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(tro) (Entered: 06/01/2010)

06/01/2010

168 

ORDER: Accordingly, it is hereby ORDERED that GCG explain: (1) with respect to Disputed Claim 6, why Young's 7/2/2009 submission does not cure the deficiency in his claim and thereby result in a Recognized Loss; and (2) with respect to Disputed Claim 8, whether the Hubbards have submitted a separate claim based on the four additional transactions described in their 7/6/2006 submission, and if not, whether those transactions would result in a Recognized Loss. GCG must submit its response to this Order and provide a copy to Young and the Hubbards no later than 6/11/2010. IT IS FURTHER ORDERED that Lead Plaintiff and GCG shall send a copy of this Order to all claimants affected by it. (Responses due by 6/11/2010) (Signed by Judge Denise L. Cote on 6/1/2010) Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(tro) (Entered: 06/01/2010)

06/07/2010

169 

DECLARATION of Stephen J. Cirami in Support re: 164 MOTION to Approve LEAD PLAINTIFFS NOTICE OF MOTION FOR APPROVAL OF DISTRIBUTION PLAN.. Document filed by Arkansas Teacher Retirement System. (Attachments: # 1 Exhibit A)(Johnson, Christopher) (Entered: 06/07/2010)

06/07/2010

170 

CERTIFICATE OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Johnson, Christopher) (Entered: 06/07/2010)

06/09/2010

171 

ORDER that GCG's recommendation to reject Disputed Claim 6 and Disputed Claim 8 is accepted. IT IS FURTHER ORDERED that Lead Plaintiff and GCG shall promptly send a copy of this Order to all claimants affected by it. SO ORDERED. (Signed by Judge Denise L. Cote on 6/9/2010) Filed In Associated Cases: 1:07-cv-01309-DLC, 1:07-cv-01916-DLC, 1:07-cv-01917-DLC, 1:07-cv-02512-DLC(jmi) (Entered: 06/09/2010)

06/09/2010

172 

ORDER APPROVING DISTRIBUTION PLAN THAT: Lead Plaintiff's plan for distribution of the Net Settlement Fund to Authorized Claimants is APPROVED. Accordingly, GCG is directed to distribute 100% of the available balance of the Net Settlement Fund, after deducting the payments previously allowed and authorized herein, and after the payment of any estimated taxes and the costs of preparing appropriate final tax returns and any escrow fees, to the Authorized Claimants who would receive a distribution of at least $20.00 based on their Recognized Loss Amounts in comparison to the total Recognized Loss Amounts of all Authorized Claimants (the "Distribution"). Authorized Claimants who have cashed their Distribution drafts and who would receive at least $20.00 from such redistribution, after payment of any unpaid costs or fees incurr9d in administering the Net Settlement Fund for such redistribution. If any funds shall remind in the Net Settlement Fund six (6) months after such redistribution, then such balance shah be contributed to non-sectarian, not-for-profit 501(c)(3) organizations designated by Lead Counsel after notice to the Court and subject to direction, if any, by the Court; All of the fees and expenses incurred and to be incurred by GCO in connection with its administration of the Settlement are approved; accordingly, lead Counsel shall direct payment of $66,890.56 out of the Settlement Fund to GCG for the unpaid balance of such fees and expenses as set forth in this order. (Signed by Judge Denise L. Cote on 6/9/2010) (jmi) (Entered: 06/09/2010)

 

 

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