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(MLGx), CLOSED, CONSOLTR, DISCOVERY, MANADR |
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Cause: 12:22 Securities Fraud |
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Plaintiff |
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Jerry Michael Crafton |
represented by |
Kim Elaine Miller |
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Plaintiff |
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John Both |
represented by |
Jordan L Lurie |
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Plaintiff |
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Farokh Etemadieh |
represented by |
Jordan L Lurie |
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Consol Plaintiff |
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Jerry Michael Crafton |
represented by |
Leigh A Parker |
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Consol Plaintiff |
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Jerry Michael Crafton |
represented by |
Kim Elaine Miller |
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Movant |
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Electrical Workers Pension Fund, Local 103, I.B.E.W. |
represented by |
Darren J Robbins |
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Movant |
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Kabrey Group |
represented by |
Evan Jason Smith |
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Movant |
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Silbermann Group |
represented by |
Kim Elaine Miller |
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Movant |
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Powerwave Investors Group |
represented by |
Lionel Z Glancy |
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Defendant |
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Powerwave Technologies Inc |
represented by |
Abby Claire Schwartz |
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Defendant |
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Bruce C Edwards |
represented by |
Abby Claire Schwartz |
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Defendant |
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Ronald J Buschur |
represented by |
Abby Claire Schwartz |
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Defendant |
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Kevin T Michaels |
represented by |
Abby Claire Schwartz |
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Consol Defendant |
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Powerwave Technologies Inc |
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Consol Defendant |
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Bruce C Edwards |
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Consol Defendant |
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Ronald J Buschur |
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Consol Defendant |
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Kevin T Michaels |
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Date Filed |
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Docket Text |
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01/17/2007 |
1 |
COMPLAINT against defendants Kevin T Michaels, Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur.(Filing fee $ 350) jury demand. , filed by plaintiff Jerry Michael Crafton.(dmjr, ) (Entered: 01/30/2007) |
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01/17/2007 |
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20 day Summons Issued re Complaint - (Discovery) 1 as to
Kevin T Michaels, Powerwave Technologies Inc, Bruce
C Edwards, Ronald J Buschur.
(dmjr, ) (Entered: |
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2 |
Certificate of Interested Parties filed by Plaintiff Jerry
Michael Crafton. (dmjr, ) (Entered: |
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NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(dmjr, ) (Entered: |
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NOTICE OF FILING FEE DUE on Pro Hac
Vice Application mailed to attorney Kim E Miller, Michael A Swick for Plaintiff Jerry Michael Crafton. (dmjr, ) (Entered: |
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NOTICE OF FILING FEE DUE on Pro Hac
Vice Application mailed to attorney Lewis Kahn for Plaintiff Jerry Michael
Crafton. (dmjr, ) (Entered: |
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ORDER OF THE CHIEF JUDGE (#07-26) approved by Judge Alicemarie H. Stotler. Pursuant
to the recommended procedure adopted by the Court for the CREATION OF
CALENDAR of Judge Philip S Gutierrez, this case is transfered
from Judge David O. Carter to the calendar of Judge Philip S. Gutierrez for
all further proceedings. The case number will now reflect the initials of the
transferee Judge SACV07-065PSG(MLGx).(csb, ) (Entered: |
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MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: This
action has been reassigned to the Honorable Philip S Gutierrez, US District
Judge. The case number will now read: SA CV 07-0065-PSG (MLGx).
The Courtroom Deputy Clerk for Judge Gutierrez is Wendy K Hernandez, and can
be reached at 213-894-8899. Judge Gutierrez courtroom is located on the 7th
floor of the |
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MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez:
Plaintiff is ordered to show cause in writing on or
before |
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7 |
NOTICE of Interested Parties filed by Plaintiff Jerry
Michael Crafton. (pcl, ) (Entered: |
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11 |
NOTICE OF MOTION |
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12 |
MEMORANDUM of Points and Authorities in Support of MOTION
to Consolidate Actions and to Appoint Lead Plaintiffs and Co-Lead Counsel 11
filed by Movant Both Group. (pcl,
) Modified on |
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13 |
DECLARATION of Leigh A Parker in Support of MOTION to
Consolidate Actions and to Appoint Lead Plaintiffs and Co-Lead Counsel 11
filed by Movant Both Group. (pcl,
) (Entered: |
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14 |
PROOF OF SERVICE filed by Movant
Both Group, re MOTION to Consolidate Action and to Appoint Lead Plaintiffs
and Co-Lead Counsel 11 , Declaration of Leigh A
Parker in Support of Motion 13 , Memorandum of Points and Authorities in
Support of Motion 12 , [Proposed] Order, served on |
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16 |
NOTICE OF MOTION |
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17 |
DECLARATION of Ramzi Abadou in Support of MOTION for Consolidation,
Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of
Lead Counsel 16 filed by movant Electrical Workers
Pension Fund, Local 103, I.B.E.W.. (pcl, ) (Entered: |
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18 |
MEMORANDUM of Law in Support of MOTION for Consolidation,
Appointment as Lead Plaintiff and Approval of Lead Plaintiffs Selection of
Lead Counsel 16 filed by Movant Electrical Workers
Pension Fund, Local 103, I.B.E.W.. (pcl, ) (Entered:
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20 |
NOTICE OF MOTION to Consolidate Actions, To Be Appointed
Lead Plaintiff and for Approval of Lead Counsel and Liason
Counsel and Memorandum of Points and Authorities in Support thereof filed by movant Kabrey Group. Motion set
for hearing on |
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21 |
DECLARATION of Evan J Smith in Support of MOTION to
Consolidate Actions, to be Appointed Lead Plaintiff and for Approval of Lead
and Liason Counsel 20 filed by Movant
Kabrey Group. (pcl, )
(Entered: |
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22 |
PROOF OF SERVICE filed by Movant
Kabrey Group, re MOTION to Consolidate Actions, to
be Appointed Lead Plaintiff and for Approval of Lead Counsel and Liaison
Counsel and Memorandum of Points and Authorities in Support Thereof 20 ,
Declaration of Evan J Smith in Support of Motion 21 , [Proposed Order],
served on 4/2/2007. (pcl, ) (Entered: |
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23 |
NOTICE OF MOTION |
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24 |
MEMORANDUM of Points and Authorities in Support of MOTION
to Consolidate Related Cases, to be Appointed Lead Plaintiff and to Approve
Proposed Lead Plaintiffs Choice of Counsel 23 filed by Movant
Silbermann Group. (pcl, )
(Entered: |
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25 |
DECLARATION of Michael D Braun in Support of MOTION to
Consolidate Related Cases, to be Appointed Lead Plaintiff and To Approve
Proposed Lead Plaintiffs Choice of counsel 23 filed by Movant
Silbermann Group. (pcl, )
(Entered: |
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26 |
NOTICE OF MOTION |
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27 |
MEMORANDUM of Points and Authorities in Support of MOTION
for Consolidation of Actions, Appointment as Lead Plaintiff and Approval of
Lead Plaintiffs Selection of Lead Counsel 26 filed by Movant
Powerwave Investors Group. (pcl,
) (Entered: |
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28 |
DECLARATION of Michael Goldberg in Support of MOTION for
Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval
of Lead Plaintiffs Selection of Lead Counsel 26 filed by Movant
Powerwave Investors Group. (pcl,
) (Entered: |
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29 |
PROOF OF SERVICE filed by Movant
Powerwave Investors Group, re Memorandum of Points
and Authorities in Support of Motion 27 ,
Declaration of Michael Goldberg in Support of Motion 28 , MOTION to
Consolidate Related Cases, Appointment as Lead Plaintiff and Approval of Lead
Plaintiffs Selection of Lead Counsel 26 , [Proposed] Order, served on |
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9 |
APPLICATION of Lewis Kahn for Leave to Appear Pro Hac Vice filed by plaintiff Jerry Michael Crafton. Lodged
proposed order. (bg, ) (Entered: |
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33 |
RESPONSE to Order to Show Cause 8
filed by Plaintiff Jerry Michael Crafton (ir, )
(Entered: |
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MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: On |
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ORDER by Judge Philip S. Gutierrez: Granting 9 Application
to Appear Pro Hac Vice by Attorney Lewis Kahn on
behalf of Plaintiff Jerry Michael Crafton, designating Michael D Braun as
local counsel. (pcl, ) (Entered: |
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FAX number for Attorney Michael D Braun is 310-442-7756. (pcl, ) (Entered: |
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NOTICE OF DOCUMENT DISCREPANCIES |
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NOTICE OF DOCUMENT DISCREPANCIES |
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STIPULATION |
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MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: RE:
MOTION to Consolidate Actions and to Appoint Lead Plaintiffs and Co-lead
counsel 11 , MOTION for Consolidation, Appointment as Lead Plaintiff and
Approval of Lead Plaintiffs Selection of Lead counsel 16 , MOTION to
Consolidate Actions, to Be Appointed Lead Plaintiff and for Approval of Lead
counsel and Liaison Counsel 20 , MOTION to Consolidate Related Actions, to Be
appointed Lead Plaintif and to Approve Proposed
Lead Plaintiffs Choice of Counsel 23 , MOTION for Consolidation of related
Actions, Appointment as Lead Plaintif and Approval
of Lead plaintifs Selection of Lead Counsel 26 . On
the Courts own motion, all the above-referenced motions are hereby continued
to |
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MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: RE:
MOTION to Consolidate Actions and to Appoint Lead Plaintiffs and Co-lead
Counsel 11 , MOTION for Consolidation, Appointment as Lead Plaintiff and
Approval of Lead Plaintiffs Selection of Lead Counsel 16 , MOTION to
Consolidate Actions, to Be Appointed Lead Plaintiff and for Approval of Lead
Counsel and Liaison Counsel 20 , MOTION to Consolidate Related Actions, to Be
Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiffs Choice of
Counsel 23 , MOTION for Consolidation of Related Actions, Appointment as Lead
Plaintiff and Approval of Lead Plaintiffs Selection of Lead Counsel 26 . On
the Courts own motion, all the above-referenced motions are hereby continued
to |
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36 |
Notice of Withdrawal of MOTION to Consolidate Cases MOTION
for Appointment of Counsel 11 , MOTION to
Consolidate Cases MOTION for Appointment of Counsel MOTION for Appointment of
Counsel MOTION for Order for Appointment as Lead Plaintiff MOTION for Order
for Appointment as Lead Plaintiff 26 filed by plaintiffs Both Group. (pj, ) (Entered: |
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34 |
APPLICATION of Richard B Brualdi
for Leave to Appear Pro Hac Vice. FEE PAID. filed by plaintiff John Both. Lodged proposed order. (pcl, ) (Entered: |
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FAX number for Attorney Jordan L Lurie
is 310-209-2348. (pcl, ) (Entered: |
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ORDER by Judge Philip S. Gutierrez: Granting 34
Application to Appear Pro Hac Vice by Attorney
Richard B Brualdi on behalf of plaintiff John Both,
designating Jordan L Lurie as local counsel. (pcl, ) (Entered: |
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FAX number for Attorney Richard B Brualdi
is 212-952-0608. (pcl, ) (Entered: |
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37 |
THE KARBREY GROUP'S MEMORANDUM OF LAW in Opposition to
COMPETING MOTIONS 11 , 23 filed by Movants Powerwave Investors Group, Kabrey
Group. (shb, ) (Entered: |
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38 |
PROOF OF SERVICE filed by Movant
Kabrey Group, re The Karbrey
Group's MEMORANDUM OF LAW in Opposition to Competing Motions 37 , was served on |
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42 |
MEMORANDUM of Points and Authorities in Opposition to
Motions for Appointment of Lead Plaintiff and Lead Counsel 16 , 20 , 23 , 26
filed by Movant Both Group. (ir)
(Entered: |
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43 |
MEMORANDUM of Points and Authorities in Opposition to
competing Motions for Appointment of Lead Plaintiff 11 , 16 , 20 , 26 , and
in further support of the Motion of the Silberman
Group for appointment as Lead Plaintiff and approval of its selection of lead
counsel and liaison counsel 23 filed by Movant Silbermann Group. (ir)
(Entered: |
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44 |
DECLARATION of Kim E Miller in support of the motion of
The Silberman Group to Consolidate related cases,
to be appointed lead plaintiff and to approve proposed lead plaintiffs choice
of counsel 23 filed by Movant Silbermann
Group. (ir) (Entered: |
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46 |
DECLARATION of Ramzi Abadouin Support of Memorandum of Law in opposition to
all other motion for appointment as lead plaintiff 18 filed by Plaintiff
Jerry Michael Crafton. (ca) (Entered: |
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47 |
MEMORANDUM OF LAW in Opposition to all other Motion for
Appointment as Lead plaintiff 26 , 16 , 11 filed by
plaintiffs Jerry Michael Crafton. (ca) (Entered: |
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54 |
NOTICE OF WITHDRAWAL of Motion of The Powerwave
Investors Group for Consolidattion of related
actions, Appointment as lead plaintiff and approval of lead plaintiff
selection of lead counsel 26 filed by Plaintiff Powerwave
Investors Group. (ir) (Entered: |
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48 |
CONSOLIDATED MEMORANDUM IN REPLY to oppositions to
competing Motions for Appointment of Lead Plaintiff and Lead Counsel 20 , 26 , 16 , 23 , 11 filed by Movant
John Both. (ir) (Entered: |
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49 |
DECLARATION of Leigh A Parker in support of John Both
Consolidated Memorandum in reply to oppositions to competing motions for
appointment of Lead Plaintiff and Lead Counsel 20 , 26 , 16 , 23 , 11 filed
by Movant Both Group. (ir)
(Entered: |
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50 |
DECLARATION of Richard B Brualdi
in response to Affidavit of Farokh Etemadiah regarding Motion 23 filed by Movant Both Group. (ir)
(Entered: |
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51 |
PROOF OF SERVICE filed by Plaintiffs Both Group, regarding
Reply 48 , Declaration 49 , Declaration 50 were
served on |
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52 |
REPLY Memorandum of Points and Authorities in Further
support of the Motion of the Silbermann Group to
Consolidated Related Cases, to be appointed lead Plaintiff and to approve
proposed lead Plaintiffs choice of counsel 23 filed by Movant
Silbermann Group. (ir)
(Entered: |
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53 |
MEMORANDUM of law in reply to all other motions and in
further support of its Motion for appointment as lead plaintiff 20 , 26 , 16
, 23 , 11 filed by Movant Electrical Workers
Pension Fund, Local 103, I.B.E.W.. (ir) (Entered: |
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SUPPLEMENTAL Declaration of Kim E. Miller in Further
Support of the Motion of the Siblermann Group to
Consolidate Related Cases, to Be Appointed Lead Plaintiff and to Approve
Proposed Lead Plaintiffs Choice of Counsel 11 filed by Movant
Silbermann Group. (pcl, )
(Entered: |
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NOTICE OF DOCUMENT DISCREPANCIES |
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45 |
NOTICE of Change of Address by Kim E Miller attorney for Movant Silbermann Group,
changing address to Kahn Gauthier Swick LLC, 12
East 41st Street, 12th Floor, New York NY 10017. Filed by plaintiff (ak) (Entered: |
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56 |
Supplemental Declaration of Kim E. Miller in Further
Support of the MOTION of the Silbermann Group to
Consolidate Related Cases, to be Appointed Lead Plaintiff and to Approve
Proposed Lead Plaintiff's Choice of Counsel 23 filed by Movant
Silbermann Group. (jl)
(Entered: |
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MINUTES OF Motion Hearing held before Judge Philip S.
Gutierrez: The Both Groups Motion to Consoliate
actions 11 ; Electrical Workers Pension Fund Local
103, I.b.e.w.s Motion for Consolidation 16 ; The Kabrey Groups Motion to Consolidate Actions 20 ;The Silberman Groups Motion to Consolidate Related Cases 23 ;Powerwave Investors Groups Motion for consolidation of
Related Action 26 .The Court hears oral argument on the above-reference
motions, and take the motions uner submission. The
court is informed of defendants intention to submit
a motion to dismiss as a repsonse pleading upon the
filing of lead plaintiffs consolidated complaint. Court Reporter: Lisa
Gonzalez.(pcl) (Entered: |
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57 |
NOTICE of Authorities filed by plaintiffs Jerry Michael
Crafton, Farokh Etemadieh,
John Both. (bg) (Entered: |
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MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: Boths Motion for Appointment as Lead Plaintiff and for
Consolidation 11 ; Silbermann Groups Motion for
Appointment as Lead Plaintiff and for Consolidation 23 ; Kabrey
Groups Motion for Appointment as Lead Plaintiff and for Consolidation 20 ;
Electrical Workers Pension Funds Motion for Appointment as Lead Plaintiff and
for Consolidation 16 . The Court orders consolidation of the related cases
SACV07-65, CV07-839, SACV 07-158 and SACV 07-287. The Court also appoints Mr Both as lead plaintiff and his attorneys from the
firms Weiss & Lurie and the Brualdi
Law Firm as co-lead counsel. Therefore, the Court GRANTS Boths
Motion for Consolidation and for Appointment as Lead Plaintiff. The Court
DENIES (1) the Silbermann Groups Motion for
Appointment as Lead Plaintiff, (2) the EWPFs Motion
for Appointment as Lead Plaintiff, and (3) the Kabrey
Groups Motion for Appointment as Lead Plaintiff. The files of the
consolidated cases will be maintained under the master file number SACV07-65
PSG (MLGx). This consolidation is for all purposes,
including discovery, pretrial and trial proceedings. Unless the parties
otherwise agree, lead plaintiff shall file an amended and consolidated class
action complaint on or before 60 days from the date of entry of this Order.
Defendants shall file a responsive pleading on or before 60 days from the
date the amended consolidated class action complaint is filed. (See document
for further details.) (pcl) (Entered: |
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58 |
TRANSCRIPT filed for proceedings held on |
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STIPULATION |
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60 |
DECLARATION of Leigh A. Parker in Support of Stipulation
and Order 59
filed by Plaintiffs. (vdr) (Entered: |
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61 |
PROOF OF SERVICE filed by Plaintiffs, re Stipulation and
Order 59
, Declaration (non-motion) 60 , served on 8/3/2007.(vdr)
(Entered: |
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62 |
NOTICE of filing consolidated and amended class action
complaint on or before |
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MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: IT IS
HEREBY ORDERED that counsel for Lead Plaintiff show cause in writing on or
before |
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64 |
DECLARATION of LEIGH A. PARKER in Support of Lead
Plaintiff's Response to ORDER to Show Cause regarding Dismissal 8
, filed by Plaintiff Jerry Michael Crafton. (bho)
(Entered: |
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65 |
PROOF OF SERVICE of RESPONSE to Order to Show Cause;
DECLARATION of Leigh A. Parker in Support of Response to Order to Show Cause
64 , served on 9/20/07, filed by Plaintiffs Jerry Michael Crafton, Farokh Etemadieh, John Both. (bho) (Entered: |
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66 |
RESPONSE to Order to Show Cause regarding Dismissal 63
filed by Plaintiff John Both (ir) (Entered: |
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MINUTES IN CHAMBERS held before Judge Philip S. Gutierrez.
On |
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68 |
FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT related to: Complaint 1 with Jury Demand filed by Consolidated Plaintiffs Jerry Michael Crafton, individually and on behalf of all others similarly situated.(ir) (Entered: 10/16/2007) |
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69 |
NOTICE of Change of Address by Michael D Braun attorney
for Plaintiff Jerry Michael Crafton, changing Firm Address to |
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STIPULATION |
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71 |
NOTICE OF MOTION |
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72 |
DECLARATION of Abby C. Schwartz in Support of Defendants' Motion
to Dismiss First Amended Consolidated Class Action Complaint, re 71 filed by
Defendants Kevin T Michaels, Powerwave Technologies
Inc, Bruce C Edwards, Ronald J Buschur. (vh) (Entered: |
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73 |
MEMORANDUM of Points and Authorities in Support of
Defendants' Motion to Dismiss First Amended Consolidated Class Action
Complaint, re 71 filed by Defendants Kevin T Michaels, Powerwave
Technologies Inc, Bruce C Edwards, Ronald J Buschur.
(vh) (Entered: |
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74 |
APPENDIX OF UNREPORTED CASES in Support of Motion to
Dismiss First Amended Consolidated Class Action Complaint, re 71 filed by
Defendants Kevin T Michaels, Powerwave Technologies
Inc, Bruce C Edwards, Ronald J Buschur. (vh) (Entered: |
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75 |
REQUEST FOR JUDICIAL NOTICE in Support of Motion to
Dismiss First Amended Consolidated Class Action Complaint, re 71 filed by
Defendants Kevin T Michaels, Powerwave Technologies
Inc, Bruce C Edwards, Ronald J Buschur. (vh) (Entered: |
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76 |
PROOF OF SERVICE filed by Defendants Kevin T Michaels, Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur, re MOTION to Dismiss First Amended Consolidated
Class Action Complaint 71 , Declaration (Motion related) 72 , Memorandum in
Support of Motion 73 served on 12/11/07 (see documents for further details).
(vh) (Entered: |
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MEMORANDUM in Opposition to MOTION to Dismiss First
Amended Consolidated Class Action Complaint 71 filed by Consol Plaintiff
Jerry Michael Crafton. (Parker, Leigh) (Entered: |
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APPENDIX OF UNREPORTED AUTHORITIES IN SUPPORT OF
PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS FIRST AMENDED
CONSOLIDATED CLASS ACTION COMPLAINT re MOTION to Dismiss First Amended
Consolidated Class Action Complaint 71 filed by Consol Plaintiff Jerry
Michael Crafton. (Attachments: # 1
Appendix Tabs 1-4 of 13# 2
Appendix Tabs 5-8 of 13# 3
Appendix Tabs 9-13 of 13)(Parker, Leigh) (Entered: |
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PROOF OF SERVICE filed by Plaintiff Jerry Michael Crafton(Individually), re Motion Related Document, 78
, MEMORANDUM in Opposition to Motion 77
and Appendix of Unreported Authorities served on |
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REPLY In Support Of MOTION to Dismiss First Amended
Consolidated Class Action Complaint 71 filed by Defendants Kevin T Michaels, Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur. (Schwartz, Abby) (Entered: |
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APPENDIX filed by Defendants Kevin T Michaels, Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur. Re: Reply (Motion related) 80 (Attachments: # 1 Appendix 1# 2 Appendix 2# 3 Appendix 3# 4 Appendix 4# 5 Appendix 5# 6 Appendix 6# 7 Appendix 7# 8 Appendix 8# 9 Appendix 9# 10 Appendix 10# 11 Appendix 11# 12 Appendix 12-1# 13 Appendix 12-2)(Schwartz, Abby) (Entered: 03/27/2008) |
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Proof OF SERVICE filed by Defendants Kevin T Michaels, Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur, re Reply (Motion related) 80
, Appendix, 81
served on |
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MINUTES OF DEFENDANTS' MOTION TO DISMISS FIRST AMENDED
CONSOLIDATEDCLASS ACTION COMPLAINT - FILED |
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MINUTES IN CHAMBERS ORDER on Defendants' Motion to Dismiss
71 held before Judge Philip S. Gutierrez: Before this Court is Defendants
Motion to Dismiss. The Court heard oral argument on this motion on |
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STIPULATION for Extension of Time to File Answer The First
Amended Consolidated Class Action Complaint Pending ruling On Defendants'
Motion For Partial Reconsideration Of the Court's |
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NOTICE Notice Of Motion And
Motion For Partial Reconsideration Of The |
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MEMORANDUM of Points and Authorities in Support filed by
Defendants Kevin T Michaels, Powerwave Technologies
Inc, Bruce C Edwards, Ronald J Buschur. Re: Notice
(Other), Notice (Other) 86
(Schwartz, Abby) (Entered: |
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APPENDIX filed by Defendants Kevin T Michaels, Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur. Re: Notice (Other), Notice (Other) 86 Of Unreported Cases Cited In Defendants' Motion For Partial Reconsideration Of The April 17,2008, Order (Attachments: # 1 Appendix Tab 1# 2 Appendix Tab 2# 3 Appendix Tab 3# 4 Appendix Tab 4)(Schwartz, Abby) (Entered: 05/05/2008) |
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Proof OF SERVICE filed by Defendants Kevin T Michaels, Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur, re Stipulation for Extension of Time to File, 85
, Notice (Other), Notice (Other) 86
, Memorandum of Points and Authorities in Support (non-motion) 87
, Appendix, 88
served on 05/05/2008. (Schwartz, Abby) (Entered: |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following error(s) was found: Incorrect Event Selected RE:
Memorandum of Points and Authorities in Support (non-motion) 87
. In response to this notice the court may order (1) an amended or correct
document to be filed (2) the document stricken or (3) take other action as
the court deems appropriate. (ade) (Entered: |
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ORDER by Judge Philip S. Gutierrez: that defendants Motion for PartialReconsideration of the April 17, 2008, Order Granting in Part and Denying PartDefendants Motion to Dismiss First Amended Consolidated Class ActionComplaint (Motion for Partial Reconsideration) shall be heard on June 30, 2008, at 1:30 p.m.; and it is further ORDERED that plaintiffs opposition to defendants Motion for Partial Reconsideration shall be filed and served by June 9, 2008, and defendants reply in support of their motion shall be filed and served by June 23, 2008; and it is further ORDERED that plaintiff shall not seek any discovery before this Court rules on defendants Motion for Partial Reconsideration; and it is further ORDERED defendants shall not be required to answer the First Amended Consolidated Class Action Complaint during the pendency of defendants Motion for Reconsideration, and in the event this Court denies defendants motion, defendants shall have twenty (20) days from the date this Court issues its Order to answer the FAC. (ir) (Entered: 05/08/2008) |
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94 |
TRANSCRIPT filed for proceedings held on |
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MEMORANDUM in Opposition to Defendants' Motion for
Partial Reconsideration of the April 17, 2008 Order Granting in Part and
Denying in Part Defendants' Motion to Dismiss First Amended Consolidated
Class Action Complaint filed by Plaintiff John Both. (Parker, Leigh)
(Entered: |
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OF SERVICE filed by Plaintiff John Both, re MEMORANDUM in
Opposition to Motion, 95
for Partial Reconsideration of the April 17, 2008 Order Granting in Part
and Denying in Part Defendants' Motion to Dismiss First Amended Consolidated
Class Action Complaint served on June 9, 2008. (Attachments: # 1
Proposed Order)(Parker, Leigh) (Entered: |
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NOTICE OF LODGING filed re MEMORANDUM in Opposition to
Motion, 95
(Attachments: # 1
Proposed Order)(Parker, Leigh) (Entered: |
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REPLY Support / Reply In Support of Defendants' Motion
For Partial Reconsideration of the April 17, 2008, Order Granting in Part and
Denying in Part Defendants' Motion to Dismiss First Amended Consolidated
Class Action Complaint 86
filed by Defendants Kevin T Michaels, Powerwave
Technologies Inc, Bruce C Edwards, Ronald J Buschur.
(Attachments: # 1
Appendix Part 1 - Appendix of Unreported Cases, # 2
Appendix Part 2 - Appendix of Unreported Cases)(Schwartz, Abby) (Entered: |
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PROOF OF SERVICE filed by Defendants Kevin T Michaels, Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur, re Reply (Motion related), Reply (Motion
related) 98
/ (1) Reply in Support of Defendants' Motion for Partial Reconsideration
of the April 17, 2008, Order Granting in Part and Denying in Part Defenants' Motion to Dismiss First Amended Consolidated
Class Action Complaint; and (2) Appendix of Unreported Cases Cited in
Defendants' Reply in Support of Defendants' Motion for Partial
Reconsideration of the April 17, 2008, Order Granting in Part and Denying in
Part Defenants' Motion to Dismiss First Amended
Consolidated Class Action Complaint served on 06/23/2008. (Schwartz,
Abby) (Entered: |
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MINUTES: Defendants Notice of Motion for Partial
Reconsideration of the |
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NOTICE of Decision: Plaintiffs' Notice of Recent Authority
in Support of Opposition to Defendants' Motion for Partial Reconsideration of
the April 17, 2008 Order Granting in Part and Denying in Part Defendants'
Motion to Dismiss First Amended Consolidated Class Action Complaint filed by
Plaintiff John Both. (Attachments: # 1
Exhibit A)( |
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Proof OF SERVICE filed by Plaintiff John Both, re Notice
of Decision by other Court, 101
served on |
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OPPOSITION / Response to Plaintiff's Notice of Recent
Authority in Support of Opposition to Defendants' Motion for Partial
Reconsideration of the April 17, 2008, Order Granting in Part and Denying in
Part Defendants' Motion to Dismiss First Amended Consolidated Class Action
Complaint 86
101
filed by Defendants Kevin T Michaels, Powerwave
Technologies Inc, Bruce C Edwards, Ronald J Buschur,
Consol Defendants Powerwave Technologies Inc, Bruce
C Edwards, Ronald J Buschur, Kevin T Michaels.
(Schwartz, Abby) (Entered: |
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PROOF OF SERVICE filed by Defendants Kevin T Michaels, Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur, re Response in Opposition to Motion,, 103
/ Response to Plaintiff's Notice of Recent Authority in Support of
Opposition to Defendants' Motion for Partial Reconsideration of the April 17,
2008, Order Granting in Part and Denying in Part Defendants' Motion to
Dismiss First Amended Consolidated Class Action Complaint served on
07/01/2008. (Schwartz, Abby) (Entered: |
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MINUTES OF IN CHAMBERS ORDER held before Judge Philip S.
Gutierrez: On June 13, 2007, the Court ordered that the following cases be
consolidated undercase number SA CV 07-65-PSG (MLGx): CV 07-158-PSG (MLGx); SA
CV 07-287-PSG (MLGx); CV 07-839-PSG (MLGx). The Clerk is hereby directed to close all three
actions as of |
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MINUTES: (In Chambers) Order on Defendants' Motion for Reconsideration of the April 17, 2008 Order; For the foregoing reasons, the Court DENIES Defendants' motion for reconsideration 86 IT IS SO ORDERED by Judge Philip S. Gutierrez (ir) (Entered: 07/16/2008) |
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ANSWER to Consolidated Complaint 68 / Defendants'
Answer to the First Amended Consolidated Class Action Complaint filed by
Defendants Kevin T Michaels, Powerwave Technologies
Inc, Bruce C Edwards, Ronald J Buschur.
(Attachments: # 1
Proof of Service)(Aronson, Seth) (Entered: |
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ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S.
Gutierrez: This matter is set for a scheduling conference on |
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JOINT REPORT of FRCP 26(f) filed by Plaintiff John Both. ( |
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PROOF OF SERVICE filed by Plaintiff John Both, re Report 109
Joint Rule 26(f) Report served on |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following error was found: Incorrect event used. Correct event
is Other Filings: Pretrial and Trial documents - Joint Rule 26(f) Discovery
Plan. RE: Report 109
. In response to this notice the court may order (1) an amended or correct
document to be filed (2) the document stricken or (3) take other action as
the court deems appropriate. (ir) (Entered: |
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First APPLICATION for attorney Sue Lee to Appear Pro Hac Vice (PHV Fee of $185 receipt number
09730000000004435625 paid.) filed by Plaintiff John Both. (Attachments: # 1
Proposed Order)( |
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PROOF OF SERVICE filed by Plaintiff John Both, re First
APPLICATION for attorney Sue Lee to Appear Pro Hac
Vice (PHV Fee of $185 receipt number 09730000000004435625 paid.) 112
served on October 23, 2008. ( |
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ORDER by Judge Philip S. Gutierrez GRANTING APPLICATION
for attorney Sue Lee to Appear Pro Hac Vice (PHV
Fee of $185 receipt number 09730000000004435625 paid.) 112
to appear on behalf of Plaintiff John Both and designated Jordan L Lurie as local counsel. (ir)
(Entered: |
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ORDER/REFFERAL TO ADR PILOT PROGRAM by Judge Philip S.
Gutierrez, case ordered to a private mediator based upon a stipulation of the
parties. Conference to be held no later than |
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MINUTES: (In Chambers) Scheduling Conference held. The
Court sets the following dates, and directs counsel to review the Court's
trial order for further details. Last day to file Plaintiff's Motion for
Class Certification 12/19/08; Oppositioin to Motion
for Class Certification 2/2/09; Reply to Motion for Class Certification
3/4/09; Hearing on Motion for Class Certifiation
3/16/ |
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ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez: Final
Pretrial Conference set for |
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INITIAL DISCLOSURE Pursuant to Federal Rule of Civil Procedure 26(a) filed by Defendants Kevin T Michaels, Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur (Attachments: # 1 Proof of Service)(Schwartz, Abby) (Entered: 12/01/2008) |
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INITIAL DISCLOSURE of Plaintiffs' Initial Disclosures
Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by Plaintiff John
Both (Attachments: # 1
Proof of Service)(Parker, Leigh) (Entered: |
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NOTICE OF MOTION |
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MEMORANDUM in Support of MOTION to Certify Class 120
filed by Plaintiff John Both. ( |
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DECLARATION of Leigh A. Parker in support of MOTION to
Certify Class 120
filed by Plaintiff John Both. ( |
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PROOF OF SERVICE filed by Plaintiff John Both, re MOTION
to Certify Class 120
, Memorandum in Support of Motion 121
, Declaration (Motion related) 122
served on 12/19/08. ( |
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Joint STIPULATION to Compel Plaintiff's Further Responses
to Defendants' First Set of Discovery Requests filed by Defendants Kevin T
Michaels, Powerwave Technologies Inc, Bruce C
Edwards, Ronald J Buschur. (Attachments: # 1
Declaration Declaration of Amy J. Longo in Support
of the Joint Stipulation Re: Powerwave's Motion to
Compel Plaintiff's Further Responses to Defendants' First Set of Discovery
Requests, # 2
Declaration Part 1 of 5 Declaration of Jordan L. Lurie
in Opposition to Defendant Powerwave's Motion to
Compel, # 3
Declaration Part 2 of 5 Declaration of Jordan L. Lurie
in Opposition to Defendant Powerwave's Motion to
Compel, # 4
Declaration Part 3 of 5 Declaration of Jordan L. Lurie
in Opposition to Defendant Powerwave's Motion to
Compel, # 5
Declaration Part 4 of 5 Declaration of Jordan L. Lurie
in Opposition to Defedant Powerwave's
Motion to Compel, # 6
Declaration Part 5of 5 Declaration of Jordan L. Lurie
in Opposition to Defedant Powerwave's
Motion to Compel, # 7
Proposed Order Proposed Order Granting Powerwave
Technologies, Inc.'s Motion to Compel Plaintiff's Further Responses to
Defendants' Fist Set of Requests)(Longo, Amy) (Entered: |
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NOTICE of Motion Re: Powerwave
Technologies, Inc.'s Motion to Compel Plaintiff's Further Responses to
Defendants' First Set of Discovery Requests filed by Defendants Kevin T
Michaels, Powerwave Technologies Inc, Bruce C
Edwards, Ronald J Buschur. (Longo, Amy) (Entered: |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following error(s) was found: 01/13/2009 Hearing date for Hon.
Marc L. Goldman is Closed RE: Notice (Other), Notice (Other) 125
. In response to this notice the court may order (1) an amended or correct
document to be filed (2) the document stricken or (3) take other action as
the court deems appropriate. (rrp) (Entered: |
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NOTICE OF MOTION |
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Notice of Withdrawal of Motion to Amend/Correct, 127
filed by Defendants Kevin T Michaels, Powerwave
Technologies Inc, Bruce C Edwards, Ronald J Buschur.
(Longo, Amy) (Entered: |
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STIPULATION to Stay Case pending Approval of Proposed
Settlement filed by Defendants Kevin T Michaels, Powerwave
Technologies Inc, Bruce C Edwards, Ronald J Buschur.
(Attachments: # 1
Proposed Order)(Longo, Amy) (Entered: |
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ORDER by Judge Philip S. Gutierrez to Stay Action Pending
Approval of Proposed Settlement. The Court having considered the Stipulation
of the parties 129
, hereby ORDERS as follows: The briefing deadlines and hearing on Lead
Plaintiff's MOTION to Certify Class 120
are vacated. Discovery and other proceedings in this action are STAYED
pending the Court's approval of the proposed settlement. Status Conference is
scheduled for |
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STIPULATION to Continue Status Conference from |
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DECLARATION of Leigh A. Parker re Stipulation to Continue 131
Status Conference from March 30, 2009 to |
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PROOF OF SERVICE filed by Plaintiff John Both, re
Declaration (non-motion) 132
, Stipulation to Continue 131
Status Conference from March 30, 2009 to |
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ORDER by Judge Philip S. Gutierrez pursuant to the
parties' Stipulation 131
, Status Conference calendared in this matter for 3/30/ |
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STIPULATION to Continue Settlement Status Conference from |
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ORDER by Judge Philip S. Gutierrez having considered the
Stipulation to Continue 135
, the Status Conference calendared in this matter for 5/4/ |
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STIPULATION for Settlement filed by Plaintiff John Both.
(Attachments: # 1
Exhibit A, A-1, A-2, A-3 and B)( |
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PROOF OF SERVICE filed by Plaintiff John Both, re
Stipulation for Settlement 137
served on |
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STIPULATION for Order Granting Preliminary Approval of
Settlement and Providing for Notice of Settlement filed by Plaintiff John
Both. (Attachments: # 1
Proposed Order)( |
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PROOF OF SERVICE filed by Plaintiff John Both, re Stipulation
for Order 139
Granting Preliminary Approval of Settlement and Providing for Notice of
Settlement served on |
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MINUTES OF Status Conference held before Judge Philip S.
Gutierrez: Hearing is held and counsel are present.
The Court and counsel discuss the stipulation submitted on |
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NOTICE OF MOTION |
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MEMORANDUM in Support of MOTION for Settlement Approval of
Preliminary Settlement Approval 142
filed by Plaintiff John Both. (Attachments: # 1
Appendix of Unreported Authorities)( |
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NOTICE OF MOTION |
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MEMORANDUM in Support of MOTION to Certify Class for
Provisional Class Certification for Settlement Purposes 144
filed by Plaintiff John Both. ( |
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PROOF OF SERVICE filed by Plaintiff John Both, re MOTION
to Certify Class for Provisional Class Certification for Settlement
Purposes 144
, Memorandum in Support of Motion 145
, MOTION for Settlement Approval of Preliminary Settlement Approval 142
, Memorandum in Support of Motion 143
served on June 4, 2009. ( |
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JOINDER in MOTION to Certify Class for Provisional
Class Certification for Settlement Purposes 144
, MOTION for Settlement Approval of Preliminary Settlement Approval 142
filed by Defendants Kevin T Michaels, Powerwave
Technologies Inc, Bruce C Edwards, Ronald J Buschur.
(Longo, Amy) (Entered: |
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ORDER UPON STIPULATION 139
PRELIMINARILY APROVING SETTLEMENT |
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MINUTES OF LEAD PLAINTIFFS UNOPPOSED MOTION FOR
PRELIMINARY SETTLEMENT APPROVAL ( |
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NOTICE OF MOTION |
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MEMORANDUM in Support of MOTION for Settlement Approval of
Final Approval of Class Action Settlement 150
filed by Plaintiff John Both. ( |
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DECLARATION of Jordan L. Lurie
in Support of MOTION for Settlement Approval of Final Approval of Class
Action Settlement 150
and an Award of Attorneys' Fees and Expenses filed by Plaintiff John
Both. ( |
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DECLARATION of Richard B. Brualdi
in Support of MOTION for Settlement Approval of Final Approval of Class
Action Settlement 150
and an Award of Attorneys' Fees and Expenses filed by Plaintiff John
Both. ( |
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DECLARATION of John both in Support of MOTION for
Settlement Approval of Final Approval of Class Action Settlement 150
and Application for Reimbursement of Time and Expenses filed by Plaintiff
John Both. ( |
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DECLARATION of Michael Rosenbaum in Support of MOTION for
Settlement Approval of Final Approval of Class Action Settlement 150
re: Mailing of Notice, Publication of Summary Notice and Requests for
Exclusion Received filed by Plaintiff John Both. ( |
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MEMORANDUM in Support of MOTION for Settlement Approval of
Final Approval of Class Action Settlement 150
re: Designation of Non-Profit Organization Pursuant to Paragraph 5.8 of
Stipulation and Agreement of Settlement filed by Plaintiff John Both. ( |
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NOTICE OF MOTION |
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MEMORANDUM in Support of MOTION for Attorney Fees and
Reimbursement of Expenses 157
filed by Plaintiff John Both. ( |
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MEMORANDUM in Support of MOTION for Attorney Fees and
Reimbursement of Expenses 157
of Lead Plaintiff filed by Plaintiff John Both. ( |
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PROOF OF SERVICE filed by Plaintiff John Both, re
Memorandum in Support of Motion, 156
, MOTION for Attorney Fees and Reimbursement of Expenses 157
, Memorandum in Support of Motion 159
, Memorandum in Support of Motion 158
, MOTION for Settlement Approval of Final Approval of Class Action Settlement
150
, Declaration (Motion related), Declaration (Motion related) 155
, Memorandum in Support of Motion 151
, Declaration (Motion related) 153
, Declaration (Motion related) 154
, Declaration (Motion related) 152
served on October 13, 2009. ( |
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NOTICE of Manual Filing filed by Plaintiff John Both of
Plaintiff's Confidential Memorandum in Support of Motion for Final Settlement
Approval. (Parker, Leigh) (Entered: |
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PROOF OF SERVICE filed by Plaintiff John Both, re Notice
of Manual Filing (G-92) 161
served on |
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NOTICE of Manual Filing filed by Defendants Kevin T
Michaels, Powerwave Technologies Inc, Bruce C
Edwards, Ronald J Buschur, Consol Defendants Powerwave Technologies Inc, Bruce C Edwards, Ronald J Buschur, Kevin T Michaels of (1) Application and
[Proposed] Order to file Under Seal Defendants' Confidential Memorandum in
Support of Proposed Class Action Settlement; (2) Defendants' Confidential
Memorandum in Support of Proposed Class Action Settlement. (Escobar, Andrew)
(Entered: |
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APPLICATION |
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SEALED DOCUMENT- Defendant's Confidential Memorandum in
Support of Proposed Class Action Settlement. (mat) (Entered: |
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ORDER by Judge Philip S. Gutierrez: granting 157
REIMBURSEMENT OF ATTORNEYS' FEES |
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MINUTES OF SETTLEMENT FAIRNESS HEARING; LEAD PLAINTIFF'S
MOTION FOR FINAL SETTLEMENT APPROVAL FILED 10-13-09 ( |
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FINAL JUDGMENT |