US District Court Civil Docket as of June 10, 2010
Retrieved from the court on June
15, 2010
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Cause:
15:78m(a) Securities Exchange Act |
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Lead
Plaintiff |
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Arkansas
Teacher Retirement System |
represented by |
Christopher
Chad Johnson |
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Plaintiff
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Fred
Garfield |
represented by |
Gerald
Harlan Silk |
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Plaintiff
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Fresno
County Employees' Retirement Association |
represented by |
Christopher
Chad Johnson |
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Consolidated
Plaintiff |
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Louis
Giltman |
represented by |
D.
Seamus Kaskela |
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Consolidated
Plaintiff |
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Linda
C. Wen |
represented by |
Laurence
Paskowitz |
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Consolidated
Plaintiff |
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Michael
Valle |
represented by |
David
A.P. Brower |
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Defendant
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Openwave Systems, Inc. |
represented by |
Benjamin
Matthew Glickman |
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Defendant
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David
C. Peterschmidt |
represented by |
Richard
A. Spehr |
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Defendant
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Harold
L. Covert |
represented by |
Steven
J. Kolleeny |
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Defendant
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Donald
Listwin |
represented by |
Richard
A. Spehr |
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Defendant
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Alan
Black |
represented by |
Richard
A. Spehr |
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Defendant
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Joshua
A. Pace |
represented by |
Garrett
Jay Waltzer |
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Defendant
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Allen
E. Snyder |
represented by |
Garrett
Jay Waltzer |
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Defendant
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Steve
Peters |
represented by |
Garrett
Jay Waltzer |
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Defendant
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Alain
Rossmann |
represented by |
Garrett
Jay Waltzer |
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Defendant
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Simon
Wilkinson |
represented by |
Garrett
Jay Waltzer |
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Defendant
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Kevin
J. Kennedy
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represented by |
Garrett
Jay Waltzer |
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Defendant
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Director
M. Bernard Puckett
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represented by |
Garrett
Jay Waltzer |
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Defendant
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Director
kenneth Denman |
represented by |
Garrett
Jay Waltzer |
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Defendant
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Director
Bo C. Hedfors |
represented by |
Garrett
Jay Waltzer |
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Defendant
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Director
Gerald Held
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represented by |
Henninger Simons Bullock |
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Defendant
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Director
Masood Jabbar |
represented by |
Henninger Simons Bullock |
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Defendant
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Director
Roger L. Evans
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represented by |
Garrett
Jay Waltzer |
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Defendant
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Director
Andrew W. Verhalen |
represented by |
Garrett
Jay Waltzer |
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Defendant
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J.P.
Morgan Securities, Inc.
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represented by |
Andrew
W. Stern |
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Defendant
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KPMG
LLP |
represented by |
Mary
Gail Gearns |
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Defendant
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Lehman
Brothers |
represented by |
Andrew
W. Stern |
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Defendant
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Merrill
Lynch Pierce Fenner & Smith, Inc. |
represented by |
Andrew
W. Stern |
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Defendant
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Thomas
Weisel Partners LLC |
represented by |
Andrew
W. Stern |
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Movant |
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New
Jersey Building Laborers Pension Fund |
represented by |
Lori
Gwen Feldman |
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Movant |
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Delray
Beach Police & Firefighters Retirement System |
represented by |
Curtis
Victor Trinko |
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Movant |
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The
Pennsylvania Institutional Investors |
represented by |
Evan
J. Smith |
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Movant |
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Fresno
County Employees' Retirement Association |
represented by |
Gerald
Harlan Silk |
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Date
Filed |
# |
Docket
Text |
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02/21/2007 |
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) |
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02/21/2007 |
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SUMMONS
ISSUED as to Alan Black, Openwave Systems, Inc.,
David C. Peterschmidt, Harold L. Covert, Donald Listwin. (tro) (Entered: 02/22/2007) |
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02/21/2007 |
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Magistrate
Judge Henry B. Pitman is so designated. (tro)
(Entered: 02/22/2007) |
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02/21/2007 |
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Case
Designated ECF. (tro) (Entered: 02/22/2007) |
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03/09/2007 |
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) |
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03/09/2007 |
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Set/Reset
Hearings: Status Conference set for 5/18/2007 03:30 PM before Judge Denise L.
Cote. (dle) (Entered: 03/12/2007) |
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03/23/2007 |
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) |
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03/23/2007 |
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Set/Reset
Hearings: Status Conference set for 5/18/2007 03:30 PM before Judge Denise L.
Cote. (dle) (Entered: 03/26/2007) |
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03/26/2007 |
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) |
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03/26/2007 |
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) |
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03/26/2007 |
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) |
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03/26/2007 |
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) |
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03/26/2007 |
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) |
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04/02/2007 |
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) |
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04/25/2007 |
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) |
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04/25/2007 |
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) |
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04/25/2007 |
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) |
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04/25/2007 |
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) |
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04/25/2007 |
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) |
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04/26/2007 |
MOTION
for Garrett J. Waltzer to Appear Pro Hac Vice. Document filed by Harold L. Covert.(jco) (Entered: 04/30/2007) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
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) |
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04/27/2007 |
CERTIFICATE
OF SERVICE. Document filed by Arkansas Teacher Retirement System, Fresno
County Employees' Retirement Association. (Silk, Gerald) (Entered:
04/27/2007) |
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05/02/2007 |
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) |
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05/02/2007 |
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) |
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05/08/2007 |
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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) |
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05/09/2007 |
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) |
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05/11/2007 |
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) |
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05/11/2007 |
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) |
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05/22/2007 |
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) |
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05/25/2007 |
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) |
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05/25/2007 |
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) |
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05/25/2007 |
CERTIFICATE
OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Silk,
Gerald) (Entered: 05/25/2007) |
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05/29/2007 |
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) |
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05/31/2007 |
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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) |
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06/08/2007 |
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) |
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06/08/2007 |
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) |
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06/08/2007 |
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) |
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06/08/2007 |
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) |
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06/08/2007 |
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) |
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06/14/2007 |
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) |
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06/14/2007 |
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) |
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06/21/2007 |
NOTICE
OF APPEARANCE by Laura Helen Gundersheim on behalf
of Arkansas Teacher Retirement System (Gundersheim,
Laura) (Entered: 06/21/2007) |
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06/21/2007 |
NOTICE
OF APPEARANCE by Christopher Chad Johnson on behalf of Arkansas Teacher
Retirement System (Johnson, Christopher) (Entered: 06/21/2007) |
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06/21/2007 |
CERTIFICATE
OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Johnson,
Christopher) (Entered: 06/21/2007) |
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06/29/2007 |
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) |
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07/12/2007 |
NOTICE
of CHANGE OF LAW FIRM NAME. Document filed by New Jersey Building Laborers
Pension Fund. (Feldman, Lori) (Entered: 07/12/2007) |
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|
07/18/2007 |
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) |
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07/18/2007 |
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) |
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07/18/2007 |
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) |
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07/18/2007 |
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) |
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07/18/2007 |
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) |
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07/19/2007 |
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) |
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07/20/2007 |
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) |
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07/25/2007 |
59 |
TRANSCRIPT
of proceedings held on 5/18/07 before Judge Denise L. Cote. (jbe) (Entered: 07/25/2007) |
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07/30/2007 |
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) |
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08/03/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
MOTION
to Dismiss /Notice of Motion. Document filed by KPMG LLP.Responses due by 8/31/2007(Gearns,
Mary Gail) (Entered: 08/10/2007) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/10/2007 |
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) |
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08/13/2007 |
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) |
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08/13/2007 |
RULE
7.1 CORPORATE DISCLOSURE STATEMENT. None Corporate
Parent. Document filed by KPMG LLP.(Gearns, Mary
Gail) (Entered: 08/13/2007) |
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08/13/2007 |
MOTION
for Dale E. Barnes, Jr. and Scott Vick to Appear Pro Hac
Vice. Document filed by KPMG LLP.(jco) (Entered:
08/15/2007) |
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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 |
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) |
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08/22/2007 |
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) |
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|
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) |
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08/30/2007 |
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) |
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08/31/2007 |
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) |
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08/31/2007 |
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) |
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|
08/31/2007 |
CERTIFICATE
OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Johnson,
Christopher) (Entered: 08/31/2007) |
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|
09/12/2007 |
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) |
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|
09/18/2007 |
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) |
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|
09/18/2007 |
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) |
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|
09/18/2007 |
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) |
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09/18/2007 |
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) |
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|
09/18/2007 |
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) |
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|
09/19/2007 |
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) |
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|
09/27/2007 |
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 |
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 |
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) |
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|
10/31/2007 |
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) |
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|
10/31/2007 |
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) |
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|
11/14/2007 |
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) |
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|
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 |
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 |
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) |
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|
11/19/2007 |
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 |
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 |
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 |
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) |
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|
12/10/2007 |
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 |
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) |
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|
12/10/2007 |
ANSWER
to Amended Complaint. Document filed by Openwave
Systems, Inc.. (Attachments: # 1 Certificate of
Service)(King, Marshall) (Entered: 12/10/2007) |
|
|
12/10/2007 |
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) |
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|
12/11/2007 |
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 |
REPORT
of Rule 26(f) Planning Meeting.(Bullock, Henninger)
(Entered: 12/12/2007) |
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|
12/14/2007 |
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) |
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|
12/19/2007 |
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 |
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) |
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|
05/15/2008 |
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 |
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) |
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|
06/03/2008 |
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) |
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|
06/20/2008 |
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) |
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|
06/20/2008 |
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) |
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|
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) |
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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 |
MOTION
to Certify Class. Document filed by Arkansas Teacher Retirement System.(Gundersheim, Laura) (Entered: 06/23/2008) |
|
|
06/23/2008 |
MEMORANDUM
OF LAW in Support re: 122
MOTION to Certify Class.. Document filed by Arkansas
Teacher Retirement System. (Gundersheim, Laura)
(Entered: 06/23/2008) |
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|
06/23/2008 |
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) |
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|
06/23/2008 |
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) |
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|
07/11/2008 |
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) |
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|
07/14/2008 |
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 |
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) |
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|
07/18/2008 |
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 |
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 |
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) |
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|
07/18/2008 |
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 |
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 |
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 |
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 |
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 |
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 |
MOTION
for Benjamin Glickman to Appear Pro Hac Vice.
Document filed by Openwave Systems, Inc.(dle) (Entered: 07/30/2008) |
|
|
07/31/2008 |
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 |
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 |
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 |
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 |
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 |
CERTIFICATE
OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Gundersheim, Laura) (Entered: 08/08/2008) |
|
|
09/10/2008 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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) |
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02/20/2009 |
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) |
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02/20/2009 |
CERTIFICATE
OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Johnson,
Christopher) (Entered: 02/20/2009) |
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02/20/2009 |
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***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) |
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02/20/2009 |
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***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) |
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02/20/2009 |
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***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) |
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02/20/2009 |
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***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) |
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02/23/2009 |
MOTION
for Settlement., MOTION for Attorney Fees. Document
filed by Arkansas Teacher Retirement System.(Johnson, Christopher) (Entered:
02/23/2009) |
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02/23/2009 |
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) |
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02/23/2009 |
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) |
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02/23/2009 |
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) |
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02/27/2009 |
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) |
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02/27/2009 |
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) |
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03/12/2009 |
163 |
TRANSCRIPT
of proceedings held on 2/27/2009 before Judge Denise L. Cote. (jfe) (Entered: 03/20/2009) |
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03/18/2010 |
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) |
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03/18/2010 |
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) |
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03/18/2010 |
CERTIFICATE
OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Johnson,
Christopher) (Entered: 03/18/2010) |
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06/01/2010 |
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) |
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06/01/2010 |
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) |
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06/07/2010 |
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) |
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06/07/2010 |
CERTIFICATE
OF SERVICE. Document filed by Arkansas Teacher Retirement System. (Johnson,
Christopher) (Entered: 06/07/2010) |
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06/09/2010 |
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) |
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06/09/2010 |
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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