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(RNBx), CLOSED, DISCOVERY, MANADR, RELATED-G |
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Cause: 15:78m(a) Securities Exchange Act |
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Plaintiff |
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Middlesex Retirement System |
represented by |
Anthony D Green |
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Defendant |
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Quest Software Inc |
represented by |
Aaron F Olsen |
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Defendant |
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Vincent C Smith |
represented by |
Aaron F Olsen |
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Defendant |
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Brinkley Morse |
represented by |
Aaron F Olsen |
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Defendant |
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Michael J Lambert |
represented by |
Aaron F Olsen |
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Defendant |
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Kevin Brooks |
represented by |
Aaron F Olsen |
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Defendant |
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David M Doyle |
represented by |
Aaron F Olsen |
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Defendant |
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Douglas F Garn |
represented by |
Aaron F Olsen |
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Defendant |
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Jerry Murdock, Jr |
represented by |
Aaron F Olsen |
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Date Filed |
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Docket Text |
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10/27/2006 |
1 |
COMPLAINT against Defendants Brinkley Morse, Michael J
Lambert, Quest Software Inc, Vincent C Smith. (Filing fee $ 350 PAID.) Jury
Demanded, filed by plaintiff Middlesex Retirement System. (jp) (Entered: |
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20 DAYS Summons Issued re Complaint - (Discovery) 1 as to
Defendants Brinkley Morse, Michael J Lambert, Quest Software Inc, Vincent C
Smith. (jp) (Entered: |
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2 |
CERTIFICATION AS to Interested Parties filed by Plaintiff
Middlesex Retirement System. (jp) (Entered: |
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NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jp)
(Entered: |
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FAX number for Attorneys Blake M Harper, Sarah Weber is
619-338-1139. (jp) (Entered: |
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FAX number for Attorneys Patricia I Avery, Anthony D Green
is 212-486-2093. (jp) (Entered: |
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NOTICE OF FILING FEE DUE on Pro Hac Vice Application
mailed to attorneys Patricia I Avery, Anthony D Green, Marian P Rosner for
Plaintiff Middlesex Retirement System. (jp) (Entered: |
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INITIAL STANDING ORDER for Cases Assigned to Judge S James
Otero: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE |
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5 |
NOTICE of Related Case(s) filed by plaintiff Middlesex
Retirement System. Related Case(s): SACV 06-751- |
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NOTICE OF FILING FEE DUE on Pro Hac Vice Application
mailed to attorney Patricia I Avery, Anthony D Green, Marian P Rosner for
Plaintiff Middlesex Retirement System. (klg, ) (Entered: |
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6 |
APPLICATION for attorney Marian Rosner to Appear Pro Hac
Vice. FEE PAID. filed by plaintiff Middlesex Retirement System. Lodged order.
(klg, ) (Entered: |
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8 |
APPLICATION for attorney Anthony D Green to Appear Pro Hac
Vice. FEE PAID. filed by plaintiff Middlesex Retirement System. Lodged order.
(klg, ) (Entered: |
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10 |
APPLICATION for attorney Patricia I Avery to Appear Pro
Hac Vice. FEE PAID. filed by plaintiff Middlesex Retirement System. Lodged
order. (klg, ) (Entered: |
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ORDERON APPLICATION of Non-Resident Attorney to Appear in
a Specific Case by Marian P Rosner as counsel for Plaintiff Middlesex
Retirement System, designating Blake M Harper as local counsel. Fee PAID.
Approved by Judge S. James Otero.(klg, ) (Entered: |
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ORDER ON APPLICATION of Non-Resident Attorney to Appear in
a Specific Case by Anthony D Green as counsel for Plaintiff Middlesex
Retirement System, designating Blake M Harper as local counsel. Fee PAID.
Approved by Judge S. James Otero.(klg, ) (Entered: |
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ORDER ON APPLICATION of Non-Resident Attorney to Appear in
a Specific Case by Patricia I Avery as counsel for Plaintiff Middlesex
Retirement System, designating Blake M Harper as local counsel. Fee PAID.
Approved by Judge S. James Otero.(klg, ) (Entered: |
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PREPARED ORDER RE TRANSFER Pursuant to General Order 224
(Related Case) by Clerk; related to SACV 06-751- |
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RESPONSE filed by Pro Hac Vice attorney Patricia I Avery,
Anthony D Green, Marian P Rosner on behalf of Plaintiff Middlesex Retirement
System.RE: notice of filihg fee due. PHV fee paid. (lc, ) (Entered: |
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12 |
PROOF OF SERVICE Executed by plaintiff Middlesex
Retirement System, upon Quest Software Inc served on |
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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related
Case- filed. Related Case No: SACV 06-751 |
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Cases associated with Lead Case SACV 06-751 |
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15 |
NOTICE OF MOTION |
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16 |
DECLARATION of PATRICIA I AVERY in Support of MOTION for
Order for Approval of Lead Plaintiff Selection of Counsel 15 ; filed by
plaintiff Middlesex Retirement System. (rla, ) (Entered: |
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17 |
APPENDIX OF UNREPORTED AUTHORITIES in Support of Motion of
Middlesex Retirement System to be Appointed Lead Plaintiff and for Apporval
of Lead Plaintiffs Selection of Counsel re MOTION 15 ; filed by plaintiff
Middlesex Retirement System. (rla, ) (Entered: |
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18 |
MEMORANDUM of Law in Support of MOTION for Order for
Appointment of Lead Plaintiff and for Approval of Lead 15 ; filed by
plaintiff Middlesex Retirement System. (rla, ) (Entered: |
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STIPULATION |
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STIPULATION |
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PLACED IN |
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20 |
APPLICATION of C B Waldman for Leave to Appear Pro Hac
Vice. FEE PAID. filed by plaintiff Middlesex Retirement System. Lodged order.
(dmjr, ) (Entered: |
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20 day Summons Issued re Complaint - (Discovery) 1 as to
Brinkley Morse, Michael J Lambert, Quest Software Inc, Vincent C Smith.
(dmjr, ) (Entered: |
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22 |
FIRST AMENDED COMPLAINT against defendants Kevin Brooks, David M Doyle, Douglas F Garn, Jerry Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software Inc, Vincent C Smith amending Complaint - (Discovery) 1 ,filed by plaintiff Middlesex Retirement System (dmjr, ) (Entered: 04/09/2007) |
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23 |
PROOF OF SERVICE filed by plaintiff Middlesex Retirement
System, re Amended Complaint, 22 , APPLICATION of C B Waldman for Leave to
Appear Pro Hac Vice. FEE PAID. 20 , was served on |
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ORDER by Judge David O. Carter,granting APPLICATION of C B
Waldman for Leave to Appear Pro Hac Vice. FEE PAID. 20 (dmjr, ) (Entered: |
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24 |
Notice of Interested Parties filed by Defendants Douglas F
Garn, Jerry Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software
Inc, Kevin Brooks, David M Doyle, Vincent C Smith. (dmjr) (Entered: |
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33 |
NOTICE OF MOTION |
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34 |
MEMORANDUM of Points and Authorities in Support of MOTION
to Dismiss First Amended Complaint 33 filed by Defendants Douglas F Garn,
Jerry Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software Inc,
Kevin Brooks, David M Doyle, Vincent C Smith. (esa) (Entered: |
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35 |
REQUEST FOR JUDICIAL NOTICE in support of MOTION to
Dismiss First Amended Complaint 33 filed by defendants Douglas F Garn, Jerry
Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software Inc, Kevin
Brooks, David M Doyle, Vincent C Smith. (esa) (Entered: |
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36 |
PROOF OF SERVICE filed by defendants Douglas F Garn, Jerry
Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software Inc, Kevin
Brooks, David M Doyle, Vincent C Smith. Notice of Motion and Motion to Dismiss
First Amended Complaint; Memorandum of Points and Authorities; etc. were
served on |
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25 |
WAIVER OF SERVICE Returned Executed filed by plaintiff
Middlesex Retirement System. upon Michael J Lambert waiver sent by Plaintiff
on |
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26 |
WAIVER OF SERVICE Returned Executed filed by plaintiff
Middlesex Retirement System. upon Vincent C Smith waiver sent by Plaintiff on
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27 |
WAIVER OF SERVICE Returned Executed filed by plaintiff
Middlesex Retirement System. upon Brinkley Morse waiver sent by Plaintiff on |
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28 |
WAIVER OF SERVICE Returned Executed filed by plaintiff
Middlesex Retirement System. upon Douglas F Garn waiver sent by Plaintiff on |
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29 |
WAIVER OF SERVICE Returned Executed filed by plaintiff
Middlesex Retirement System. upon Kevin Brooks waiver sent by Plaintiff on |
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30 |
WAIVER OF SERVICE Returned Executed filed by plaintiff
Middlesex Retirement System. upon Quest Software Inc waiver sent by Plaintiff
on |
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31 |
PROOF OF SERVICE Executed by plaintiff Middlesex
Retirement System, upon David M Doyle served on |
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32 |
PROOF OF SERVICE Executed by plaintiff Middlesex
Retirement System, upon Jerry Murdock, Jr served on |
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37 |
MEMORANDUM of Points and Authorities in Opposition to
MOTION to Dismiss First Amended Complaint 33 filed by Plaintiff Middlesex
Retirement System. (esa) (Entered: |
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38 |
REQUEST FOR JUDICIAL NOTICE in support of opposition to
MOTION to Dismiss First Amended Complaint 33 filed by plaintiff Middlesex
Retirement System. (esa) (Entered: |
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39 |
DECLARATION of Anthony D Green in support of opposition to
MOTION to Dismiss First Amended Complaint 33 ; Exhibits and unreported
decisions filed by Plaintiff Middlesex Retirement System. (esa) (Entered: |
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40 |
REPLY in Support of MOTION to Dismiss First Amended
Complaint 33 filed by Defendants Douglas F Garn, Jerry Murdock, Jr, Brinkley
Morse, Michael J Lambert, Quest Software Inc, Kevin Brooks, David M Doyle,
Vincent C Smith. (vm) (Entered: |
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41 |
PROOF OF SERVICE filed by defendants Douglas F Garn, Jerry
Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software Inc, Kevin
Brooks, David M Doyle, Vincent C Smith, served on |
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42 |
REQUEST FOR JUDICIAL NOTICE in Support of Defendants'
Reply in Support of Motion to Dismiss First Amended Complaint filed by
defendants Douglas F Garn, Jerry Murdock, Jr, Brinkley Morse, Michael J
Lambert, Quest Software Inc, Kevin Brooks, David M Doyle, Vincent C Smith.
(vm) (Entered: |
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44 |
OPPOSITION to Defendants' Request for Judicial Notice as
to Exhibit M to the Supplemental Appendix filed by Plaintiff Middlesex
Retirement System. (ad) (Entered: |
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45 |
DECLARATION of Anthony D Green in support of Response to
Defendants' Request for Judicial Notice as to Exhibit M to the Supplemental
Appendix filed by Plaintiff Middlesex Retirement System. (ad) (Entered: |
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46 |
SECOND REQUEST FOR JUDICIAL NOTICE filed by plaintiff
Middlesex Retirement System. (ad) (Entered: |
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47 |
DECLARATION of Anthony D Green in support of Second
Request for Judicial Notice filed by Plaintiff Middlesex Retirement System.
(ad) (Entered: |
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43 |
MINUTES OF IN CHAMBERS ORDER TAKING MATTER UNDER SUBMISSION
held before Judge David O. Carter : re: MOTION to Dismiss First Amended
Complaint 33 . Court finds matter appropriate for decision without oral
argument. Hearing set for |
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48 |
REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' REQUEST FOR
JUDICIAL NOTICE AS TO EXHIBIT M TO THE SUPPLEMENTAL APPENDIX and DEFENDANTS'
OPPOSITION TO PLAINTIFF'S SECOND REQUEST FOR JUDICIAL NOTICE filed by
Defendants Douglas F. Garn, Jerry Murdock, Jr., Brinkley Morse, Michael J.
Lambert, Quest Software, Inc., Kevin Brooks, David M. Doyle, Vincent C.
Smith. (te) (Entered: |
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ORDER by Judge David O. Carter: Scheduling Conference set
for |
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MINUTES OF IN CHAMBERS ORDER RE-SETTING SCHEDULING CONFERENCE held before Judge David O. Carter. PLEASE TAKE NOTICE that the Order Setting Scheduling Conference, presently set January 29, 2008 is RE-SET to Monday, January 28, 2008 at 8:30 a.m. (kh) (Entered: 10/10/2007) |
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MINUTES OF IN CHAMBERS ORDER held before Judge David O.
Carter GRANTING IN PART |
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52 |
DEFENDANTS' NOTICE OF MOTION |
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53 |
DEFENDANTS' MEMORANDUM of Points and Authorities in
support of their Motion for Certification of Order for Interlocutory Appeal
pursuant to 28 U.S.C. Section 1292(b) 52 ; filed by Defendants Douglas F.
Garn, Jerry Murdock, Jr., M. Brinkley Morse, Michael J. Lambert, Quest
Software, Inc., Kevin Brooks, David M. Doyle, Vincent C. Smith. (te)
(Entered: |
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54 |
DEFENDANTS' NOTICE OF LODGMENT in support of their Motion
for Certification of Order for Interlocutory Appeal pursuant to 28 U.S.C.
Section 1292(b) 52 ; filed by Defendants Douglas F. Garn, Jerry Murdock, Jr.,
M. Brinkley Morse, Michael J. Lambert, Quest Software, Inc., Kevin Brooks,
David M. Doyle, Vincent C. Smith. LODGED ORDER. (te) (Entered: |
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55 |
PROOF OF SERVICE filed by Defendants Douglas F. Garn,
Jerry Murdock, Jr., M. Brinkley Morse, Michael J. Lambert, Quest Software,
Inc., Kevin Brooks, David M. Doyle, Vincent C. Smith., Re Memorandum in
Support of Motion 53 , Motion for Certification of Order for Interlocutory
Appeal pursuant to 28 U.S.C. Section 1292(b) 52 , Notice of Lodgment 54 (see
document for further details), served on (see document for Service List) on
11/27/2007 by U. S. Mail. (te) (Entered: |
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STIPULATION |
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JOINT REPORT Rule 26(f) Discovery Plan ; estimated length
of trial 5 weeks, filed by Defendants Douglas F Garn, Jerry Murdock, Jr,
Brinkley Morse, Michael J Lambert, Quest Software Inc, Kevin Brooks, David M
Doyle, Plaintiff Middlesex Retirement System.. (Attachments: # 1 Proposed Order
Scheduling Order)(Harper, Blake) (Entered: |
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MEMORANDUM in Opposition to MOTION to Certify for
Certification of Order for Interlocutory Appeal pursuant to 28 U.S.C. Section
1292(b); MOTION to Certify for Certification of Order for Interlocutory
Appeal pursuant to 28 U.S.C. Section 1292(b); 52 filed by Plaintiff Middlesex
Retirement System. (Attachments: # 1 Declaration of
Anthony D. Green in support thereof# 2 Proposed Order
DENYING DEFENDANTS MOTION FOR CERTIFICATION OF ORDER FOR INTERLOCUTORY APPEAL
PURSUANT TO 28 U.S.C. §1292(b))(Harper, Blake) (Entered: |
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NOTICE of Appearance filed by attorney Aaron F Olsen on behalf of Defendants Douglas F Garn, Jerry Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software Inc, Kevin Brooks, David M Doyle, Vincent C Smith (Olsen, Aaron) (Entered: 01/18/2008) |
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REPLY In Support of Motion MOTION to Certify for
Certification of Order for Interlocutory Appeal pursuant to 28 U.S.C. Section
1292(b); MOTION to Certify for Certification of Order for Interlocutory
Appeal pursuant to 28 U.S.C. Section 1292(b); 52 filed by Defendants Douglas
F Garn, Jerry Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software
Inc, Kevin Brooks, David M Doyle, Vincent C Smith. (Olsen, Aaron) (Entered: |
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REQUEST FOR JUDICIAL NOTICE re MOTION to Certify for
Certification of Order for Interlocutory Appeal pursuant to 28 U.S.C. Section
1292(b); MOTION to Certify for Certification of Order for Interlocutory
Appeal pursuant to 28 U.S.C. Section 1292(b); 52 filed by Defendants Douglas
F Garn, Jerry Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software
Inc, Kevin Brooks, David M Doyle, Vincent C Smith. (Attachments: # 1 Exhibit 1)(Olsen,
Aaron) (Entered: |
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Proof of Service OF SERVICE filed by Defendant Douglas F
Garn, Jerry Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software
Inc, Kevin Brooks, David M Doyle, Vincent C Smith, re Reply (Motion related),
Reply (Motion related) 60 , Request for
Judicial Notice,, Request for Relief, 61 served on
1/18/08. (Olsen, Aaron) (Entered: |
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SECOND AMENDED COMPLAINT against DEFENDANTS Douglas F Garn, Jerry Murdock, Jr, Brinkley Morse, Michael J Lambert, Quest Software Inc, Kevin Brooks, David M Doyle, Vincent C Smith amending Amended Complaint, 22 , Complaint - (Discovery) 1 ,filed by Plaintiff Middlesex Retirement System (Harper, Blake) (Entered: 01/18/2008) |
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EX PARTE APPLICATION for Leave to to File Motion for
Alternative Relief to Motion for Certification of Order for Interlocutory
Appeal Pursuant to Section 1292(b) ; Memorandum of Points and Authorities
in Support Thereof filed by defendants Douglas F Garn, Jerry Murdock, Jr,
Brinkley Morse, Michael J Lambert, Quest Software Inc, Kevin Brooks, David M
Doyle, Vincent C Smith. (Attachments: # 1 Declaration of
Aaron F. Olsen# 2
Proposed Order # 3
Notice of Motion and [Proposed] Motion# 4 Proof of
Service)(Olsen, Aaron) (Entered: |
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MEMORANDUM in Opposition to EX PARTE APPLICATION for Leave
to to File Motion for Alternative Relief to Motion for Certification of Order
for Interlocutory Appeal Pursuant to Section 1292(b) ; Memorandum of
Points and Authorities in Support Thereof EX PARTE APPLICATION for Leave
to to File Motion for Alternative Relief to Motion for Certification of Order
for Interlocutory Appeal Pursuant to Section 1292(b) ; Memorandum of
Points and Authorities in Support Thereof EX PARTE APPLICATION for Leave
to to File Motion for Alternative Relief to Motion for Certification of Order
for Interlocutory Appeal Pursuant to Section 1292(b) ; Memorandum of
Points and Authorities in Support Thereof 64 filed by
Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order
Denying Defendants ' Ex Parte Application)(Harper, Blake) (Entered: |
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ORDER by Judge David O. Carter. Defendants Application for
Alternative Relief 64
is DEEMED moot. Defendants are hereby PERMITTED to file their Motion to
Dismiss the Second Amended Complaint, if any, by properly noticed motion.
Defendants Motion to Certify the October 22, 2007 Order for Interlocutory
Appeal 52 is hereby HELD IN ABEYANCE. (kh) Additional attachment(s) added on |
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STIPULATION to Amending the Briefing Schedule for
Defendants' Motion to Dismiss the Second Amended Complaint filed by
defendants Douglas F Garn, Jerry Murdock, Jr, Brinkley Morse, Michael J
Lambert, Quest Software Inc, Kevin Brooks, David M Doyle, Vincent C Smith.
(Attachments: # 1
Proposed Order)(Fukumura, Koji) (Entered: |
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Defendants' and Plaintiff's Joint Memorandum Regarding
Discovery Dispute (Attachments: # 1 Exhibit
1)(Fukumura, Koji) (Entered: |
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NOTICE of Appearance filed by attorney Valerie M Wagner on
behalf of Defendant Jerry Murdock, Jr (Wagner, Valerie) (Entered: |
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NOTICE of Appearance filed by attorney Richard J Cutler on
behalf of Defendant Jerry Murdock, Jr (Cutler, Richard) (Entered: |
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MINUTES OF IN CHAMBERS ORDER RE: DISCOVERY held before
Judge David O. Carter re: Defendants' and Plaintiff's Joint Memorandum
Regarding Discovery Dispute 68 . (kh) (Entered:
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STIPULATION for Extension of Time to File Briefing Schedule for Defendants' Motion to Dismiss Second Amended Complaint filed by Defendant Jerry Murdock, Jr. (Attachments: # 1 Proposed Order)(Cutler, Richard) (Entered: 02/25/2008) |
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NOTICE of Motion and Motion to Dismiss Second Amended
Complaint filed by Defendants Douglas F Garn, Michael J Lambert, Quest
Software Inc, Kevin Brooks, David M Doyle, Vincent C Smith. (Fukumura, Koji)
(Entered: |
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NOTICE OF MOTION |
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REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss
Plaintiff's Second Amended Complaint 74 filed by
Defendants Douglas F Garn, Michael J Lambert, Quest Software Inc, Kevin
Brooks, David M Doyle, Vincent C Smith. (Attachments: # 1 Appendix # 2 Exhibit A# 3 Exhibit B1# 4 Exhibit B2# 5 Exhibit B3# 6 Exhibit C# 7 Exhibit D# 8 Exhibit
E)(Fukumura, Koji) (Entered: |
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NOTICE OF LODGING filed of Unpublished Authorities in Support of Motion to Dismiss Second Amended Complaint (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D1# 5 Exhibit D2# 6 Exhibit E# 7 Exhibit F)(Fukumura, Koji) (Entered: 02/26/2008) |
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PROOF OF SERVICE filed by Defendants Douglas F Garn,
Michael J Lambert, Quest Software Inc, Kevin Brooks, David M Doyle, Vincent C
Smith, re MOTION to Dismiss Plaintiff's Second Amended Complaint 74 , Notice of
Lodging, 76 ,
Request for Judicial Notice,, Request for Relief, 75 served on
2/26/08. (Fukumura, Koji) (Entered: |
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ORDER by Judge David O. Carter GRANTING Stipulation for
Extension of Time to File 72 re: MOTION to
Dismiss Plaintiff's Second Amended Complaint 74 . (kh) (Entered:
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NOTICE Substitution of Attorneys filed by Defendant
Brinkley Morse. (Attachments: # 1 proof of
service)(Rose, Robert) (Entered: |
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NOTICE OF MOTION |
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NOTICE OF MOTION |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following deficiency was found. Incorrect event selected,
correct event is Substitute Attorney. (rrp) (Entered: |
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NOTICE OF MOTION |
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NOTICE of Appearance filed by attorney Robert A Robertson
on behalf of Defendant Jerry Murdock, Jr (Robertson, Robert) (Entered: |
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Notice of Change of Attorney Information filed by
Defendant Brinkley Morse (Attachments: # 1 proof of
service)(Rose, Robert) (Entered: |
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NOTICE of Appearance filed by attorney Robert D Rose on
behalf of Defendant Brinkley Morse (Attachments: # 1 Proposed Order # 2 proof of
service)(Rose, Robert) (Entered: |
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MEMORANDUM in Opposition to MOTION for Reconsideration re
Minutes of In Chambers Order/Directive - no proceeding held 71 of 2/22/2008
Order Re: Discovery; Memorandum of Points and Authorities in Support Thereof
MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no
proceeding held 71
of 2/22/2008 Order Re: Discovery; Memorandum of Points and Authorities in
Support Thereof 83
filed by Plaintiff Middlesex Retirement System. (Harper, Blake) (Entered: |
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PROOF OF SERVICE filed by Plaintiff Middlesex Retirement
System, re MEMORANDUM in Opposition to Motion, 87 served on |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following deficiency was found. Incorrect event selected,
correct event is Change of Attorney Information (G-06). (rrp) (Entered: |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following deficiency was found. Incorrect event selected,
correct event is Substitution Attorney (G-01). (rrp) (Entered: |
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ORDER by Judge David O. Carter Granting Request by Robert
D. Rose for Approval of Subsitution of Attorney for defendant M. Brinkley
Morse in place and stead of attorney Koji F Fukumura. (kh) (Entered: |
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REPLY In support MOTION for Reconsideration re Minutes of
In Chambers Order/Directive - no proceeding held 71 of 2/22/2008
Order Re: Discovery; Memorandum of Points and Authorities in Support Thereof
MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no
proceeding held 71
of 2/22/2008 Order Re: Discovery; Memorandum of Points and Authorities in
Support Thereof 83
filed by Defendants Douglas F Garn, Michael J Lambert, Quest Software Inc,
Kevin Brooks, David M Doyle, Vincent C Smith. (Attachments: # 1 Proof of
Service)(Fukumura, Koji) (Entered: |
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APPLICATION OF NON-RESIDENT ATTORNEY Michael Z. Goldman
for Leave to Appear Pro Hac Vice. FEE PAID. filed by defendant Jerry Murdock,
Jr. (twdb) (Entered: |
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ORDER by Judge David O. Carter Granting APPLICATION OF
NON-RESIDENT ATTORNEY Michael Z. Goldman for Leave to Appear Pro Hac Vice.
FEE PAID. 94 by
Michael Z. Goldman to appear on behalf of Defendant Jerry Murdock, Jr. Robert
A. Robertson is designated as local counsel. Fee paid. (twdb) (Entered: |
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APPLICATION OF NON-RESIDENT ATTORNEY Andrew J. Levander
for Leave to Appear Pro Hac Vice. FEE PAID. filed by defendant Jerry Murdock,
Jr. (twdb) (Entered: |
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ORDER by Judge David O. Carter Granting APPLICATION OF
NON-RESIDENT ATTORNEY Andrew J. Levander for Leave to Appear Pro Hac Vice.
FEE PAID. 96 by
Andrew J. Levander to appear on behalf of Defendant Jerry Murdock, Jr.Robert
A. Robertson is designated as local counsel. Fee Paid. (twdb) (Entered: |
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MINUTES OF IN CHAMBERS ORDER TAKING MATTER UNDER
SUBMISSION held before Judge David O. Carter re: Motion by Defendants for
Reconsideration of |
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RESPONSE IN SUPPORT of notice in support of defendants'
motions to dismiss second amended complaint filed by Plaintiff Middlesex
Retirement System. (Avery, Patricia) (Entered: |
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OPPOSITION to Defendants' request for Judicial notice
in support of motion to dismiss second amended complaint filed by
Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: |
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REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Second
Amended Complaint 80
, MOTION to Dismiss Plaintiff's Second Amended Complaint 74 , MOTION for
Joinder in MOTION to Dismiss Plaintiff's Second Amended Complaint 74 MOTION for
Joinder in MOTION to Dismiss Plaintiff's Second Amended Complaint 74 81 Request for
Judicial Notice in Support of Plaintiffs Opposition to Defendants Three
Motions to Dismiss Second Amended Complaint filed by Plaintiff Middlesex
Retirement System. (Avery, Patricia) (Entered: |
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DECLARATION of Patricia I. Avery in Support of Plaintiffs
Request for Judicial Notice in Support of Plaintiffs Opposition to Defendants
Three Motions to Dismiss Second Amended Complaint; Exhibits and Unreported
Decisions MOTION to Dismiss Second Amended Complaint 80 , MOTION to
Dismiss Plaintiff's Second Amended Complaint 74 , MOTION for
Joinder in MOTION to Dismiss Plaintiff's Second Amended Complaint 74 MOTION for
Joinder in MOTION to Dismiss Plaintiff's Second Amended Complaint 74 81 filed by
Plaintiff Middlesex Retirement System. (Attachments: # 1 Exhibit Avery
Decl Ex A--H# 2
Declaration Avery Decl Ex I--L# 3 Exhibit Avery
Decl Ex M--Q# 4
Exhibit Avery Decl Ex R--U# 5 Exhibit Avery
Decl Ex V--Z# 6
Exhibit Avery Decl Ex AA--JJ)(Avery, Patricia) (Entered: |
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NOTICE OF LODGING filed in Connection with Document #
100 (Avery, Patricia) (Entered: |
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MEMORANDUM in Opposition to MOTION to Dismiss Plaintiff's
Second Amended Complaint 74 filed by
Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order
[Proposed] Order Denying Motion to Dismiss the Second Amended Complaint Filed
by Defendants Quest Software, Inc., Vincent C. Smith, Michael J. Lambert,
Douglas F. Garn, David M. Doyle, And Kevin Brooks)(Avery, Patricia) (Entered:
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MEMORANDUM in Opposition to MOTION to Dismiss Second
Amended Complaint 80
filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order
[Proposed] Order Denying Motion to Dismiss the Second Amended Complaint Filed
by Defendant Jerry Murdock, Jr.)(Avery, Patricia) (Entered: |
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MEMORANDUM in Opposition to MOTION for Joinder in MOTION
to Dismiss Plaintiff's Second Amended Complaint 74 MOTION for
Joinder in MOTION to Dismiss Plaintiff's Second Amended Complaint 74 81 filed by
Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order
[Proposed] Order Denying Motion to Dismiss the Second Amended Complaint Filed
by Defendant M. Brinkley Morse)(Avery, Patricia) (Entered: |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following error(s) was found: Judges initial are incorrect.
RE: Notice of Lodging 102
. 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 LODGING filed with Respect to Document #99
(Avery, Patricia) (Entered: |
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Proof OF SERVICE filed by Plaintiff Middlesex Retirement
System, re Notice of Lodging 107 served on |
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122 |
TRANSCRIPT filed for proceedings held on |
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REPLY in Support of Motion MOTION to Dismiss Plaintiff's
Second Amended Complaint 74 filed by
Defendants Douglas F Garn, Michael J Lambert, Quest Software Inc, Kevin
Brooks, David M Doyle, Vincent C Smith. (Attachments: # 1 Declaration of
Koji Fukumura in Support of Reply# 2 Exhibit F to Declaration#
3 Exhibit G to
Declaration)(Fukumura, Koji) (Entered: |
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REQUEST FOR JUDICIAL NOTICE in Support of Defendants'
Reply filed by Defendants Douglas F Garn, Michael J Lambert, Quest
Software Inc, Kevin Brooks, David M Doyle, Vincent C Smith. (Attachments: # 1 Exhibit
F)(Fukumura, Koji) (Entered: |
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REPLY filed by Defendants Douglas F Garn, Michael J Lambert, Quest Software Inc, Kevin Brooks, David M Doyle, Vincent C Smith in Support of Request for Judicial Notice in Support of Motion to Dismiss Second Amended Complaint (Fukumura, Koji) (Entered: 04/25/2008) |
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PROOF OF SERVICE filed by Defendants Douglas F Garn,
Michael J Lambert, Quest Software Inc, Kevin Brooks, David M Doyle, Vincent C
Smith, re Reply (non-motion) 111 , Reply (Motion
related), Reply (Motion related) 109 , Request for
Judicial Notice 110
served on 4/25/08. (Fukumura, Koji) (Entered: |
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REPLY In Support Of MOTION to Dismiss Second Amended
Complaint 80
filed by Defendant Jerry Murdock, Jr. (Cutler, Richard) (Entered: |
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REPLY In Support of Joinder To Defendants' MOTION to
Dismiss Second Amended Complaint 80 filed by
Defendant Brinkley Morse. (Brown, Vincent) (Entered: |
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PROOF OF SERVICE filed by Defendant Brinkley Morse, re
Reply (Motion related) 114 served on |
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NOTICE NOTICE OF ERRATA filed by Defendant Jerry Murdock, Jr. TO REPLY MEMORANDUM IN SUPPORT OF DEFENDANT JERRY MURDOCK, JR.'S MOTION TO DISMISS SECOND AMENDED COMPLAINT (Cutler, Richard) (Entered: 05/02/2008) |
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REPLY In Support Of MOTION to Dismiss Second Amended Complaint 80 AMENDED REPLY IN SUPPORT OF DEFENDANT JERRY MURDOCK, JR.'S MOTION TO DISMISS SECOND AMENDED COMPLAINT filed by Defendant Jerry Murdock, Jr. (Cutler, Richard) (Entered: 05/02/2008) |
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NOTICE Second Notice of Errata to Second Amended Reply
Memorandum in Support of Defendant Jerry Murdock, Jr.'s Motion to Dismiss
Second Amended Complaint filed by Defendant Jerry Murdock, Jr. (Attachments:
# 1 Second
Amended Reply Memorandum in Support of Defendant Jerry Murdock. Jr.'s Motion
to Dismiss Second Amended Complaint)(Cutler, Richard) (Entered: |
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MINUTES OF IN CHAMBERS ORDER TAKING MATTER UNDER
SUBMISSION held before Judge David O. Carter re: MOTION to Dismiss
Plaintiff's Second Amended Complaint 74 . Court finds
matter appropriate for decision without oral argument. Accordingly, the
hearing set |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following error(s) was found: Incorrect event selected,
correct event is Errata and Errata documents need to be linked to the
incorrect documents RE: Notice (Other), Notice (Other) 118 , Notice
(Other) 116 . 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 TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following error(s) was found: Incorrect event selected,
correct event is Amend/Correct RE: Reply (Motion related) 117 . 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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MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter:
GRANTING IN PART And Denying In Part MOTION to Dismiss Second Amended
Complaint 80 and
MOTION to Dismiss Plaintiff's Second Amended Complaint 74 ; ORDERING
DISCOVERY: Before the Court is Defendants Quest Software, Inc., Vincent C.
Smith, Michael J.Lambert, Douglas F. Garn, David M. Doyle, Kevin Brooks and
Jerry Murdock, Jr.'s Motion to Dismiss Second Amended Complaint. The Court
hereby GRANTS IN PART |
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AMENDED MINUTES OF IN CHAMBERS ORDER (1) GRANTING IN PART |
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ANSWER to Amended Complaint, 63 JURY DEMAND.
filed by Defendants Douglas F Garn, Michael J Lambert, Quest Software Inc,
Kevin Brooks, David M Doyle, Vincent C Smith. (Attachments: # 1 Proof of
Service)(Fukumura, Koji) (Entered: |
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ANSWER to Amended Complaint, 63 Jury Demand
filed by Defendant Jerry Murdock, Jr. (Attachments: # 1 Proof of
Service)(Cutler, Richard) (Entered: |
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ANSWER to Amended Complaint, 63 filed by
Defendant Brinkley Morse. (Attachments: # 1 Proof of
Service)(Brown, Vincent) (Entered: |
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NOTICE OF MOTION |
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MEMORANDUM in Support of MOTION to Stay Case pending
RESOLUTION OF PARALLEL CRIMINAL MATTER AS TO MORSE 128 filed by
Defendant Brinkley Morse. (Attachments: # 1 Declaration OF
VINCENT J. BROWN, # 2
Proposed Order)(Brown, Vincent) (Entered: |
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NOTICE OF LODGING filed OF UNPUBLISHED AUTHORITIES re MOTION to Stay Case pending RESOLUTION OF PARALLEL CRIMINAL MATTER AS TO MORSE 128 , Memorandum in Support of Motion 129 (Brown, Vincent) (Entered: 08/11/2008) |
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PROOF OF SERVICE filed by Defendant Brinkley Morse, re
Notice of Lodging 130
, MOTION to Stay Case pending RESOLUTION OF PARALLEL CRIMINAL MATTER AS TO
MORSE 128 ,
Memorandum in Support of Motion 129 served on |
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MEMORANDUM in Opposition to MOTION to Stay Case pending
RESOLUTION OF PARALLEL CRIMINAL MATTER AS TO MORSE 128 filed by
Plaintiff Middlesex Retirement System. (Attachments: # 1 Declaration
Declaration of Patricia I. Avery in Opposition to Defendant M. Brinkley
Morse' Motion to Stay Action as to Morse Pending Resolutionof Parallel
Criminal Matter, # 2
Appendix Appendix of Unreported Opinions in Opposition to Defendant M.
Brinkley Morse's Motion to Stay Action as to Morse Pending Resolution of
Parallel Criminal Matter, # 3 Proposed Order
Proposed Order Denying Defendant M. Brinkley Morse's Motion to Stay Action as
to Morse Pending Resolution of Parallel Criminal Matter)(Avery, Patricia)
(Entered: |
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REPLY in support of MOTION to Stay Case pending RESOLUTION
OF PARALLEL CRIMINAL MATTER AS TO MORSE 128 filed by
Defendant Brinkley Morse. (Brown, Vincent) (Entered: |
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MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter
Vacating Prior Motion. Because the Motion for Certification is not directed
at the older, superceded decision, it is moot. The Court hereby VACATES the |
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MINUTES OF IN CHAMBERS ORDER TAKING MATTER UNDER
SUBMISSION held before Judge David O. Carter re: MOTION to Stay Case Pending
Resolution of Parallel Criminal Matter 128 . Court finds
matter appropriate for decision without oral argument. Accordingly, the
hearing set |
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MINUTES OF IN CHAMBERS ORDER held before Judge David O.
Carter DENYING DEFENDANT M. BRINKLEY MORSE'S MOTION to Stay Case 128 . The hearing
set for |
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STIPULATION for Protective Order filed by defendant Quest
Software Inc. (Attachments: # 1 Proposed Order, #
2 Proof of
Service)(Olsen, Aaron) (Entered: |
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MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge
Robert N. Block. The parties are advised that, while the terms of their
proposed stipulated protective order are generally acceptable to the Court,
they will still need to make modifications. (See Order for further details)
(db) (Entered: |
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STIPULATION for Discovery as to Use and Disclosure of
Confidential Information filed by defendant Quest Software Inc. (Attachments:
# 1 Proposed
Order, # 2
Proof)(Olsen, Aaron) (Entered: |
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ORDER REGARDING USE |
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NOTICE OF DISCREPANCY |
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02/10/2009 |
STIPULATION for Order Scheduling Order filed by Defendants Michael J Lambert, Quest Software Inc, Kevin Brooks, David M Doyle, Vincent C Smith. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Olsen, Aaron) (Entered: 02/10/2009) |
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02/11/2009 |
SCHEDULING ORDER by Judge David O. Carter. Note: Changes Made by the Court. (nbo) (Entered: 02/12/2009) |
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03/25/2009 |
NOTICE of Change of Attorney Information for attorney Blake M Harper counsel for Plaintiff Middlesex Retirement System. Changing address to 525 B Street, Suite 760, San Diego, CA 92101. Filed by Plaintiff Middlesex Retirement System (Harper, Blake) (Entered: 03/25/2009) |
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03/25/2009 |
PROOF OF SERVICE filed by Plaintiff Middlesex Retirement System, re Notice of Change of Attorney Information (G-06) 144 served on 3/25/09. (Harper, Blake) (Entered: 03/25/2009) |
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03/26/2009 |
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: account information was not updated RE: Notice of Change of Attorney Information (G-06) 144 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) (Entered: 03/26/2009) |
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05/15/2009 |
NOTICE of Appearance filed by attorney Wrenn E Chais on behalf of Defendant Kevin Brooks (Chais, Wrenn) (Entered: 05/15/2009) |
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05/15/2009 |
NOTICE of Appearance filed by attorney Shoshana E Bannett on behalf of Defendant David M Doyle (Bannett, Shoshana) (Entered: 05/15/2009) |
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06/11/2009 |
NOTICE of Appearance filed by attorney Terri Lea Lilley on behalf of Defendant Vincent C Smith (Lilley, Terri) (Entered: 06/11/2009) |
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06/12/2009 |
NOTICE OF MOTION |
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06/12/2009 |
MEMORANDUM in Support of MOTION to Certify Class 150 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 06/12/2009) |
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06/12/2009 |
DECLARATION of Patricia I. Avery in Support of Lead
Plaintiff's Motion for Class Certification--Volume I of |
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06/12/2009 |
DECLARATION of Patricia I. Avery in Support of Lead
Plaintiff's Motion for Class Certification--Volume II of |
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06/12/2009 |
DECLARATION of Patricia I. Avery in Support of Lead
Plaintiff's Motion for Class Certification -- Volume |
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06/12/2009 |
DECLARATION of Patricia I. Avery --Appendix of Unreported Opinions In Support of Lead Plaintiff's Motion for Class Certification MOTION to Certify Class 150 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 06/12/2009) |
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06/12/2009 |
CERTIFICATE OF SERVICE OF Motion for Class Certification
(with Declaration of Thomas R. Gibson and Proposed Order), Memorandum in
Support, Declaration of Patricia I. Avery (Volumes I, II, and |
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06/16/2009 |
NOTICE of Disassociation of Counsel Aaron F. Olsen filed by Defendants Michael J Lambert, Quest Software Inc. (Attachments: # 1 Certificate of Service)(Spieker, Meghan) (Entered: 06/16/2009) |
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06/16/2009 |
NOTICE of Appearance filed by attorney Meghan Oryan Spieker on behalf of Defendants Michael J Lambert, Quest Software Inc (Attachments: # 1 Certificate of Service)(Spieker, Meghan) (Entered: 06/16/2009) |
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06/18/2009 |
NOTICE OF MOTION |
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06/18/2009 |
DECLARATION of Patricia I. Avery in support of MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Volume I of II filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 06/18/2009) |
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06/18/2009 |
DECLARATION of Patricia I. Avery in support of MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Volume II of II filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 06/18/2009) |
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06/18/2009 |
DECLARATION of Anthony D. Green in support of MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Appendix of Unreported Opinions in Plaintiff's Motion to Compel Production of Documents by Quest Software filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 06/18/2009) |
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06/18/2009 |
DECLARATION of Koji F. Fukumura in opposition to MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Part 1 of 2 (filed as courtesy to Defendant Quest Software, Inc. by Plaintiff) filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 06/18/2009) |
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06/18/2009 |
DECLARATION of Koji F. Fukumura in opposition to MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Part 2 of 2 (filed as courtesy to Defendant Quest Software, Inc. by Plaintiff) filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 06/18/2009) |
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06/18/2009 |
DECLARATION of Joel N. Ephross in opposition to MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Part 1 of 2 (filed as courtesy to Defendant Quest Software, Inc. by Plaintiff) filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 06/18/2009) |
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06/18/2009 |
DECLARATION of Joel N. Ephross in opposition to MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Part 2 of 2 (filed as courtesy to Defendant Quest Software, Inc. by Plaintiff) filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 06/18/2009) |
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06/18/2009 |
CERTIFICATE OF SERVICE filed by Plaintiff Middlesex Retirement System, re Declaration (Motion related), Declaration (Motion related) 162 , MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 , Declaration (Motion related), Declaration (Motion related) 164 , Declaration (Motion related), Declaration (Motion related) 166 , Declaration (Motion related), Declaration (Motion related) 160 , Declaration (Motion related), Declaration (Motion related) 163 , Declaration (Motion related), Declaration (Motion related) 161 , Declaration (Motion related), Declaration (Motion related) 165 served on June 18, 2009. (Green, Anthony) (Entered: 06/18/2009) |
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06/19/2009 |
MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter. The Court now vacates the prior order and reinstates the discovery referral to Magistrate Judge Robert N Block. Accordingly, the Motion by Plaintiff to Compel Production by Quest Software, currently noticed for hearing on 07/13/2009 at 8:30 a.m. before this Court is now taken off calenar pending further notice Magistrate Judge Block regarding rescheduling 159 . (db) (Entered: 06/19/2009) |
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06/23/2009 |
MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Robert N. Block: re: MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 . The parties are advised that the Court has not yet decided whether oral argument will be of material assistance to the Courts determination of this Motion. If, after review of the parties respective supplemental memoranda (which are due to be filed on or before June 29, 2009), the Court decides to permit oral argument, the Court will set a new date for the hearing. Otherwise, the Motion will be taken under submission as of the date the supplemental memoranda are due and then be decided on the papers without oral argument. See Local Rule 7-15. (ade) (Entered: 06/23/2009) |
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06/24/2009 |
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: No title page. All pleadings filed must have a caption page. RE: Declaration (Motion related), Declaration (Motion related) 166 . 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: 06/24/2009) |
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06/24/2009 |
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: No title page. All pleadings filed must have a caption page. RE: Declaration (Motion related), Declaration (Motion related) 164 . 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: 06/24/2009) |
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06/26/2009 |
DECLARATION of Koji F. Fukumura In Opposition To MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Corrected Declaration of Koji F. Fukumura In Opposition to Plaintiff's Motion to Compel Production by Quest filed by Defendants Michael J Lambert, Quest Software Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Proof of service)(Spieker, Meghan) (Entered: 06/26/2009) |
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06/26/2009 |
DECLARATION of Joel N. Ephross In Opposition To MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Corrected Declaration of Joel N. Ephross In Opposition to Plaintiff's Motion to Compel Production by Quest filed by Defendants Michael J Lambert, Quest Software Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Proof of Service)(Spieker, Meghan) (Entered: 06/26/2009) |
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06/26/2009 |
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter,
RE-SETTING BRIEFING SCHEDULE |
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06/29/2009 |
Amendment to MOTION to Certify Class 150 Stipulation and [Proposed] Order Re-Scheduling Motion for Class Certification filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order Re-Scheduling Plaintiff's Motion for Class Certification)(Avery, Patricia) (Entered: 06/29/2009) |
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06/29/2009 |
SUPPLEMENT to MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Plaintiff's Supplemental Memorandum In Support of Its Motion to Compel Production by Quest Software Pursuant to Fed. R. Civ. P. Rules 26(b)(1) and 37 (hearing to be re-set by Hon. Robert N. Block pursuant to Minutes of June 23, 2009, docket # 169) filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 06/29/2009) |
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06/29/2009 |
SUPPLEMENT to MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 159 Supplemental Declaration of Patricia I. Avery in Further Support of Motion by Plaintiff to Compel Production by Quest Software (hearing to be re-set by Hon. Robert N. Block pursuant to Minutes of June 23, 2009-docket # 169) filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 06/29/2009) |
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06/30/2009 |
ORDER by Judge David O. Carter, RE-SCHEDULING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION: IT IS HEREBY ORDERED that the briefing and hearing schedule on Plaintiff's Motion for Class Certification shall be as follows: a. Defendants shall file their opposition, if any, on or before July 23, 2009; b. Plaintiff shall file its reply on or before August 5, 2009; c. Hearing shall be held on August 17, 2009, at 8:30 a.m. (rla) (Entered: 06/30/2009) |
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07/08/2009 |
MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Robert N. Block, re Plaintiff's Motion to Compel Production 159 by Quest Software: It appearing to the Court from the Joint Stipulation (Jt Stip) that there are four legal issues in dispute, the Court now rules as follows with respect to those legal issues. (See document for details.) (rla) (Entered: 07/14/2009) |
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07/23/2009 |
Joint STIPULATION to Reschedule Modifying Briefing Schedule on Motion for Class Certification filed by Defendant Quest Software Inc. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Fukumura, Koji) (Entered: 07/23/2009) |
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07/23/2009 |
NOTICE of Appearance filed by attorney Ryan E Blair on behalf of Defendants Michael J Lambert, Quest Software Inc (Attachments: # 1 Certificate of Service)(Blair, Ryan) (Entered: 07/23/2009) |
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07/28/2009 |
ORDER by Judge David O. Carter, MODIFYING BRIEFING SCHEDULE ON MOTION FOR CLASS CERTIFICATION: IT IS ORDERED that the briefing and hearing schedule on Plaintiff's Motion for Class Certification shall be modified as follows: a. Defendants shall file their opposition to Plaintiff's Motion, if any, on or before August 4, 2009; b. Plaintiff shall file its reply on or before August 18, 2009; c. The hearing on Plaintiffs Motion shall be held on August 31, 2009, at 8:30 a.m. (rla) (Entered: 07/28/2009) |
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07/31/2009 |
NOTICE OF MOTION |
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08/03/2009 |
Amendment to MOTION to Certify Class 150 Lead Plaintiff's Amended Notice Of Motion And Motion For Class Certification (Revised Hearing Date of August 31, 2009) filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 08/03/2009) |
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08/04/2009 |
NOTICE of Manual Filing filed by Defendant Quest Software Inc of Ex Parte to Seal Documents. (Blair, Ryan) (Entered: 08/04/2009) |
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08/04/2009 |
NOTICE of Manual Filing filed by Defendant Quest Software Inc of Sealed Opposition and Exhibits B-C; E-F; G-H; J; M and N. (Blair, Ryan) (Entered: 08/04/2009) |
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08/04/2009 |
NOTICE OF LODGING filed by Defendants re Notice of Manual Filing (G-92) 185 (Attachments: # 1 Proposed Order Granting Defendants' Ex Parte Application to File Under Seal)(Blair, Ryan) (Entered: 08/04/2009) |
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08/04/2009 |
Opposition to re: MOTION to Certify Class 150 filed by Defendant Quest Software Inc. (Attachments: # 1 Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification, # 2 Exhibit A to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification, # 3 Exhibit B to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - FUS, # 4 Exhibit C to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - FUS, # 5 Exhibit D to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification, # 6 Exhibit E to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - FUS, # 7 Exhibit F to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - FUS, # 8 Exhibit G to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - FUS, # 9 Exhibit H to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - FUS, # 10 Exhibit I to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - Part 1, # 11 Exhibit I to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - Part 2, # 12 Exhibit J to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - FUS, # 13 Exhibit K to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification, # 14 Exhibit L to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification, # 15 Exhibit M to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - FUS, # 16 Exhibit N to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification - FUS, # 17 Exhibit O to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification, # 18 Exhibit P to Declaration of Ryan E. Blair In Support of Defendants' Opposition to Lead plaintiff's Motion for Class Certification)(Fukumura, Koji) (Entered: 08/04/2009) |
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08/04/2009 |
EX PARTE APPLICATION to Seal 1) Defendant's Opposition to lead Plaintiff's Motion for Class Certification; 2) Exhibits B-C, E-H, J, M. Motion set for hearing on 8/31/2009 at 08:30 AM before Judge David O. Carter.(ade) (Entered: 08/07/2009) |
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08/05/2009 |
EX PARTE APPLICATION for Pretrial Conference, EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2009, EX PARTE APPLICATION for Order for Striking Defendants' Supplemental Rule 26 Disclosures or, alternatively, Expediting Treatment of Limited Discovery, and Increasing Number of Depositions Plaintiff is Permitted to Take to Twenty (20) filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Declaration Declaration of Anthony D. Green In Support of Ex Parte Application, # 2 Proposed Order Granting Ex Parte Relief, # 3 Proposed Order Setting Pretrial Conference)(Green, Anthony) (Entered: 08/05/2009) |
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08/05/2009 |
MEMORANDUM in Support of EX PARTE APPLICATION for Pretrial Conference EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2009 EX PARTE APPLICATION for Order for Striking Defendants' Supplemental Rule 26 Disclosures or, alternatively, Expediting Treatment of Limited Discovery, and Increasing Number of Depositions Plaintiff is Permitted to Take to Twenty (20) EX PARTE APPLICATION for Order for Striking Defendants' Supplemental Rule 26 Disclosures or, alternatively, Expediting Treatment of Limited Discovery, and Increasing Number of Depositions Plaintiff is Permitted to Take to Twenty (20) EX PARTE APPLICATION for Order for Striking Defendants' Supplemental Rule 26 Disclosures or, alternatively, Expediting Treatment of Limited Discovery, and Increasing Number of Depositions Plaintiff is Permitted to Take to Twenty (20) 189 filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 08/05/2009) |
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08/05/2009 |
ORDER by Judge David O. Carter granting 194 Ex Parte Application to Seal (ade) (Entered: 08/07/2009) |
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08/05/2009 |
SEALED DOCUMENT - DEFENDANTS' OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009) |
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08/05/2009 |
SEALED DOCUMENT - EXHIBIT B to DECLARATION of |
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08/05/2009 |
SEALED DOCUMENT - EXHIBIT C to DECLARATION of |
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08/05/2009 |
SEALED DOCUMENT - EXHIBIT E to DECLARATION of |
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08/05/2009 |
SEALED DOCUMENT - EXHIBIT F to DECLARATION of |
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08/05/2009 |
SEALED DOCUMENT - EXHIBIT G to DECLARATION of |
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08/05/2009 |
SEALED DOCUMENT - EXHIBIT H to DECLARATION of |
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08/05/2009 |
SEALED DOCUMENT - EXHIBIT J to DECLARATION of |
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08/05/2009 |
SEALED DOCUMENT - EXHIBIT M to DECLARATION of |
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08/05/2009 |
SEALED DOCUMENT - EXHIBIT N to DECLARATION of |
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08/06/2009 |
NOTICE of Change of Attorney Information for attorney Andrew J Levander counsel for Defendant Jerry Murdock, Jr. Changing address to 1095 Avenue of the Americas, New York, NY 10036. Filed by defendant Jerry Murdock, Jr (Levander, Andrew) (Entered: 08/06/2009) |
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08/06/2009 |
NOTICE of Change of Attorney Information for attorney Michael Z Goldman counsel for Defendant Jerry Murdock, Jr. Changing address to 1095 Avenue of the Americas, New York, NY 10036. Filed by defendant Jerry Murdock, Jr (Goldman, Michael) (Entered: 08/06/2009) |
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08/06/2009 |
Opposition to Plaintiff's ex parte app re: EX PARTE APPLICATION for Pretrial Conference EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2009 EX PARTE APPLICATION for Order for Striking Defendants' Supplemental Rule 26 Disclosures or, alternatively, Expediting Treatment of Limited Discovery, and Increasing Number of Depositions Plaintiff is Permitted to Take to Twenty (20) EX PARTE APPLICATION for Order for Striking Defendants' Supplemental Rule 26 Disclosures or, alternatively, Expediting Treatment of Limited Discovery, and Increasing Number of Depositions Plaintiff is Permitted to Take to Twenty (20) EX PARTE APPLICATION for Order for Striking Defendants' Supplemental Rule 26 Disclosures or, alternatively, Expediting Treatment of Limited Discovery, and Increasing Number of Depositions Plaintiff is Permitted to Take to Twenty (20) 189 filed by Defendants Michael J Lambert, Quest Software Inc. (Attachments: # 1 Decl of Peter Adams, # 2 Exh A to Adams Decl, # 3 Decl of Terri Lilley, # 4 Exh A to Lilley Decl, # 5 Exh B to Lilley Decl, # 6 Exh C to Lilley Decl, # 7 Cert of Service)(Spieker, Meghan) (Entered: 08/06/2009) |
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08/07/2009 |
REPLY in support of EX PARTE APPLICATION for Pretrial Conference EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2009 EX PARTE APPLICATION for Order for Striking Defendants' Supplemental Rule 26 Disclosures or, alternatively, Expediting Treatment of Limited Discovery, and Increasing Number of Depositions Plaintiff is Permitted to Take to Twenty (20) EX PARTE APPLICATION for Order for Striking Defendants' Supplemental Rule 26 Disclosures or, alternatively, Expediting Treatment of Limited Discovery, and Increasing Number of Depositions Plaintiff is Permitted to Take to Twenty (20) EX PARTE APPLICATION for Order for Striking Defendants' Supplemental Rule 26 Disclosures or, alternatively, Expediting Treatment of Limited Discovery, and Increasing Number of Depositions Plaintiff is Permitted to Take to Twenty (20) 189 filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Declaration of Patricia I. Avery in Response to Defendants' Opposition To Plaintiff's Ex Parte Application to Schedule Pretrial Conference, Striking Supplemental Disclosures or Seeking Expedited Treatment of Limited Discovery, And Other Pretrial Relief)(Green, Anthony) (Entered: 08/07/2009) |
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08/10/2009 |
MINUTES (IN CHAMBERS) ORDER Denying Ex Parte Application by Judge David O. Carter 189 . (See Order for details) (db) (Entered: 08/11/2009) |
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08/14/2009 |
STIPULATION to Exceed Page Limitation as to Exceed Page Limitation as to Plaintiff's reply to Defendants' Opposition to Plaintiff's Motion for Class Certification filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order Granting Stipulation to Exceed Page Limitation as to Plaintiff's reply to Defendants' Opposition to Plaintiff's Motion for Class Certification)(Green, Anthony) (Entered: 08/14/2009) |
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08/14/2009 |
NOTICE OF ERRATA filed by Plaintiff Middlesex Retirement System. correcting Stipulation to Exceed Page Limitation, 208 and Attached Proposed Order (Green, Anthony) (Entered: 08/14/2009) |
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08/14/2009 |
Corrected STIPULATION to Exceed Page Limitation as to Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion for Class Certification filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order (Amended) Granting Stipulation to Exceed Page Limitations as to Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion for Class Certification)(Green, Anthony) (Entered: 08/14/2009) |
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08/17/2009 |
MEMORANDUM in Opposition to MOTION for Review of Magistrate Judge's re Order on Motion to Compel, 179 MOTION for Review of Magistrate Judge's re Order on Motion to Compel, 179 MOTION for Review of Magistrate Judge's re Order on Motion to Compel, 179 183 filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order Denying Defendant Quest Software Inc.'s Motion For Review And Objections To Magistrate Judge's Order Re Plaintiff's Motion To Compel)(Green, Anthony) (Entered: 08/17/2009) |
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08/17/2009 |
DECLARATION of Anthony D. Green in opposition to MOTION for Review of Magistrate Judge's re Order on Motion to Compel, 179 MOTION for Review of Magistrate Judge's re Order on Motion to Compel, 179 MOTION for Review of Magistrate Judge's re Order on Motion to Compel, 179 183 filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Declaration Proof of Service)(Green, Anthony) (Entered: 08/17/2009) |
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08/18/2009 |
NOTICE of Manual Filing filed by Plaintiff Middlesex Retirement System of Ex Parte Application to File Under Seal (1) Lead Plaintiff's Reply Memorandum In Support of Class Certification and (2) The Declaration of Patricia I. Avery In Support of Lead Plaintiff's Motion for Class Certification. (Green, Anthony) (Entered: 08/18/2009) |
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08/18/2009 |
NOTICE of Manual Filing filed by Plaintiff Middlesex Retirement System of Ex Parte Application to Exceed Page Limitations For Lead Plaintiff's Reply Memorandum In Support of Motion for Class Certification. (Green, Anthony) (Entered: 08/18/2009) |
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08/18/2009 |
NOTICE of Manual Filing filed by Plaintiff Middlesex Retirement System of Sealed and Confidential Reply Memorandum In Support Of Lead Plaintiff's Motion For Class Certification. (Green, Anthony) (Entered: 08/18/2009) |
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08/18/2009 |
NOTICE of Manual Filing filed by Plaintiff Middlesex Retirement System of Sealed and Confidential Reply Declaration of Patricia I. Avery In Further Support of Lead Plaintiff's Motion for Class Certification. (Green, Anthony) (Entered: 08/18/2009) |
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08/18/2009 |
NOTICE OF LODGING filed by Lead Plaintiff Middlesex Retirement System re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) 213 (Attachments: # 1 Proposed Order Granting Lead Plaintiff's Motion to File Documents Under Seal)(Green, Anthony) (Entered: 08/18/2009) |
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08/18/2009 |
NOTICE OF LODGING filed by Lead Plaintiff Middlesex Retirement System re Notice of Manual Filing (G-92) 214 (Attachments: # 1 Proposed Order to Exceed Page Limitations For Lead Plaintiff's Reply Memorandum In Support Of Class Certification)(Green, Anthony) (Entered: 08/18/2009) |
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08/18/2009 |
EX PARTE APPLICATION to Exceed Page Limitation Lead Plaintiff's Reply Memorandum In Support of Class Certification filed by Plaintiff Middlesex Retirement System.(Green, Anthony) (Entered: 08/18/2009) |
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08/18/2009 |
REPLY in support of MOTION to Certify Class 150 (Redacted Public Version) filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 08/18/2009) |
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08/18/2009 |
DECLARATION of Patricia I. Avery in support of MOTION to Certify Class 150 In Support of Lead Plaintiff's Reply to Defendants' Opposition to Motion to Certify Class (Redacted Public Version) filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 08/18/2009) |
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08/18/2009 |
DECLARATION of Anthony D. Green in support of MOTION to Certify Class 150 in support of Lead Plaintiff's Reply to Defendants' Opposition to Motion to Certify Class filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration Proof of Service)(Green, Anthony) (Entered: 08/18/2009) |
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08/18/2009 |
ORDER by Judge David O. Carter: GRANTING 219 Ex Parte Application to Exceed Page Limitations: IT IS THEREBY ORDERED THAT: Having considered the Ex Parte Application by Plaintiff and the stipulation between the parties, Plaintiff may file a reply to Defendants' Opposition to Plaintiff's Motion for Class Certification, not to exceed thirty (30) pages. IT IS SO ORDERED. (rla) (Entered: 08/19/2009) |
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08/18/2009 |
EX PARTE APPLICATION to File Under Seal: 1) Reply Memorandum of Points and Authorities in Further Support of Lead Plaintiff's Motion for Class Certification; 2) the Reply Declaration of Patricia I Avery In Support of Lead Plaintiff's Motion for Class Certification. Filed by plaintiff Middlesex Retirement System.(rla) (Entered: 08/19/2009) |
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08/18/2009 |
ORDER by Judge David O. Carter: GRANTING 224 Ex Parte Application to File Under Seal 224 : 1) Reply Memorandum of Points and Authorities in Further Support of Lead Plaintiff's Motion for Class Certification; 2) the Declaration of Patricia I Avery in Support of Lead Plaintiff's Motion for Class Certification. (rla) (Entered: 08/19/2009) |
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08/18/2009 |
SEALED DOCUMENT - REPLY MEMORANDUM OF POINTS |
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08/18/2009 |
SEALED DOCUMENT - REPLY DECLARATION OF PATRICIA I. AVERY IN FURTHER SUPPORT OF LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (Attachments: # 1 SEALED DOCUMENT, PART 2, # 2 SEALED DOCUMENT, PART 3, # 3 SEALED DOCUMENT, PART 4)(smi) (Entered: 08/28/2009) |
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08/24/2009 |
REPLY In Support Of MOTION for Review of Magistrate Judge's re Order on Motion to Compel, 179 MOTION for Review of Magistrate Judge's re Order on Motion to Compel, 179 MOTION for Review of Magistrate Judge's re Order on Motion to Compel, 179 183 filed by Defendant Quest Software Inc. (Attachments: # 1 Spieker Reply Decl ISO Motion for Review, # 2 Ex A Speiker Reply Decl, # 3 Exh B Spieker Reply Decl, # 4 Exh C Spieker Reply Decl, # 5 Certifice of Service)(Spieker, Meghan) (Entered: 08/24/2009) |
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08/25/2009 |
NOTICE of Manual Filing filed by Defendant Quest Software Inc of Ex Parte Application to File Under Seal Exhibits A and B to the Declaration of Ryan E. Blair In Support of Defendants' Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification; Under Seal Exhibits A and B; Proposed Order; and Proof of Service. (Blair, Ryan) (Entered: 08/25/2009) |
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08/25/2009 |
228 |
MINUTES (IN CHAMBERS) ORDER re: Pending Motions. Court finds Motion by Defendant for Review of MagistrateJudge's Order on Motion to Compel apprpriate for decsion without oral argument. The hearing set for 08/31/2009 at 8:30 a.m. is removed form the calendar. The Court orders the hearing on Motion by Plaintiff for Class Cwertification presently set 08/31 by Judge David O. Carter: Off Calendar 183 Motion for Review (db) (Entered: 08/25/2009) |
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08/25/2009 |
NOTICE OF CLERICAL ERROR: Due to technical difficulties, the image and the Notice of Electronic Fililng was not attached to the docket entry. Attached to his Notice is the image and the Notice of Electornic Filing. (db) (Entered: 08/25/2009) |
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08/25/2009 |
EX PARTE APPLICATION for Order for Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification filed by Defendant Quest Software Inc. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendants' Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification, # 2 Declaration of Ryan E. Blair in Support of Defendants' Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification, # 3 Exhibit A to Declaration of Ryan E. Blair in Support of Defendants' Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification, # 4 Exhibit B to Declaration of Ryan E. Blair in Support of Defendants' Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification, # 5 Proposed Order Granting Defendants' Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification, # 6 Certificate of Service to Defendants' Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification)(Blair, Ryan) (Entered: 08/25/2009) |
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08/26/2009 |
NOTICE of Manual Filing filed by Plaintiff Middlesex Retirement System of Ex Parte Application To File Under Seal: (1) Plaintiffs Opposition to Defendants Ex Parte Seeking Permission to File Surreply Brief Opposing Class Certification and (2) the Declaration of Thomas F. Gibson. (Green, Anthony) (Entered: 08/26/2009) |
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08/26/2009 |
NOTICE of Manual Filing filed by Plaintiff Middlesex Retirement System of Plaintiffs Opposition to Defendants Ex Parte Seeking Permission to File Surreply Brief Opposing Class Certification. (Green, Anthony) (Entered: 08/26/2009) |
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08/26/2009 |
NOTICE of Manual Filing filed by Plaintiff Middlesex Retirement System of Declaration of Thomas F. Gibson in Opposition to Defendants Ex Parte Seeking Permission to File Surreply Brief Opposing Class Certification. (Green, Anthony) (Entered: 08/26/2009) |
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08/26/2009 |
NOTICE OF LODGING filed by Plaintiff re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) 231 (Attachments: # 1 Proposed Order Granting Lead Plaintiffs Ex Parte Application to File under Seal: (1) Plaintiffs Opposition to Defendants Ex Parte Seeking Permission to File Surreply Brief Opposing Class Certification and (2) the Declaration of Thomas F. Gibson)(Green, Anthony) (Entered: 08/26/2009) |
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08/26/2009 |
NOTICE OF LODGING filed by Plaintiff re EX PARTE APPLICATION for Order for Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification 230 (Attachments: # 1 Proposed Order Denying Defendants Ex Parte Seeking Permission to File Surreply Brief Opposing Class Certification)(Green, Anthony) (Entered: 08/26/2009) |
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08/26/2009 |
Opposition in opposition to re: EX PARTE APPLICATION for Order for Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification 230 (Redacted Public Version) filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Declaration Redacted Public Version of Declaration of Thomas Gibson, # 2 Declaration Patricia I. Avery in Support of Plaintiffs Opposition to Defendants Ex Parte Application to File a Surreply in Opposition to Lead Plaintiffs Motion for Class Certification, # 3 Declaration Anthony D. Green in Support of Plaintiffs Opposition to Defendants Ex Parte Application to File a Surreply in Opposition to Lead Plaintiffs Motion for Class Certification, # 4 Exhibit A to the Declaration Anthony D. Green in Support of Plaintiffs Opposition to Defendants Ex Parte Application to File a Surreply in Opposition to Lead Plaintiffs Motion for Class Certification, # 5 Exhibit B to the Declaration Anthony D. Green in Support of Plaintiffs Opposition to Defendants Ex Parte Application to File a Surreply in Opposition to Lead Plaintiffs Motion for Class Certification, # 6 Declaration Proof of Service of the Declaration Anthony D. Green in Support of Plaintiffs Opposition to Defendants Ex Parte Application to File a Surreply in Opposition to Lead Plaintiffs Motion for Class Certification)(Green, Anthony) (Entered: 08/26/2009) |
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08/26/2009 |
EX PARTE APPLICATION to Seal Exhibits A and B to the Declaration of Ryan E. Blair. Filed by defendants Michael J Lambert, Quest Software Inc. Motion set for hearing on 8/31/2009 at 08:30 AM before Judge David O. Carter. Lodged order.(ade) (Entered: 08/27/2009) |
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08/26/2009 |
EX PARTE APPLICATION to Seal Plaintiff's Opposition to Defendants' Ex Parte Seeking Permission to File Surreply Brief Opposing Class Certification. Filed by plaintiff Middlesex Retirement System. Motion set for hearing on 8/31/2009 at 08:30 AM before Judge David O. Carter. Lodged order. (ade) (Entered: 08/27/2009) |
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08/26/2009 |
ORDER by Judge David O. Carter: granting 238 Ex Parte Application to Seal Plaintiff's Opposition to Defendants' Ex Parte Seeking Permission to File Surreply Brief Opposing Class Certification (ade) (Entered: 08/27/2009) |
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08/26/2009 |
ORDER by Judge David O. Carter: denying 230 Ex Parte Application Seeking Permission to File Surreply Brief Opposing Class Certification (ade) (Entered: 08/27/2009) |
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08/26/2009 |
PROOF OF SERVICE filed by defendants Michael J Lambert, Quest Software Inc, re EX PARTE APPLICATION to Seal 237 served on 8/25/09. (ade) (Entered: 08/27/2009) |
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08/26/2009 |
SEALED DOCUMENT - PLAINTIFF'S OPPOSITION TO DEFENDANTS' EX
PARTE SEEKING PERMISSION TO |
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08/26/2009 |
SEALED DOCUMENT - DECLARATION OF THOMAS F GIBSON IN
OPPOSITION TO DEFENDANTS' EX PARTE SEEKING PERMISSION TO |
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08/26/2009 |
SEALED DOCUMENT - EXHIBIT A TO THE DECLARATION OF |
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08/26/2009 |
ORDER by Judge David O. Carter: granting Ex Parte Application to Seal 237 . (lwag) (Entered: 08/28/2009) |
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08/27/2009 |
ORDER by Judge David O. Carter, DENYING EX PARTE APPLICATION for Order for Ex Parte Application to File a Surreply in Opposition to Lead Plaintiff's Motion for Class Certification 230 . (ade) (Entered: 08/28/2009) |
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09/08/2009 |
ORDER by Judge David O. Carter: granting 150 Lead Plaintiff's Motion to Certify Class Action. In addition, the Court hereby certifies Lead Plaintiff Middlesex as representative of the Class and confirms Lead Counsel Wolf Popper as counsel for the Class and Hulett as liaison counsel. (ade) (Entered: 09/08/2009) |
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09/08/2009 |
MINUTES OF Motion Hearing held before Judge David O. Carter re: Motion by Plaintiff to Certify Class 150 . Tentative ruling issued and attached. Parties make oral request that transcript be sealed. Court grants request. Transcript of proceedings is ordered sealed. Counsel make their arguments. Motion taken under submission. Court Reporter: Debbie Gale. (Attachments: # 1 Tentative) (kh) (Entered: 09/25/2009) |
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09/18/2009 |
MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter: Defendant Quest Software Incs (Quest) Motion for Review and Objections to Magistrate Judges Order re Plaintiffs Motion to Compel 183 (Motion). Court finds matter appropriate for decision without oral argument. After considering moving, opposing, and replying papers, and for reasons stated, Court hereby UPHOLDS Magistrate Judges Discovery Order(see Order for specifics). Hearing set for 8/31/09 is hereby VACATED. (ln) (Entered: 09/18/2009) |
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09/22/2009 |
STIPULATION for Discovery as to Use And Disclosure Of Confidential Information filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order Amending Order Regarding Use And Disclosure Of Confidential Information)(Green, Anthony) (Entered: 09/22/2009) |
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09/23/2009 |
ORDER Amending Order Regarding Use and Disclosure of Confidential Information 251 by Magistrate Judge Robert N. Block. See order for further details. (lwag) (Entered: 09/23/2009) |
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10/07/2009 |
STIPULATION to Expedite Hearing and Briefing Schedule for Plaintiffs Motion to Compel Production of Documents from Quest Software, Inc. filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order Regarding Hearing and Briefing Schedule for Plaintiffs Motion to Compel Production of Documents from Quest Software, Inc.)(Green, Anthony) (Entered: 10/07/2009) |
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10/07/2009 |
ORDER by Judge David O. Carter, DENYING STIPULATION 254 to Expedite Hearing and Briefing Schedule; Directing Discovery Remain with Magistrate Judge: f(See document for further details.) (rla) (Entered: 10/07/2009) |
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10/08/2009 |
STIPULATION to Expedite Hearing and Briefing Schedule for Plaintiffs Motion to Compel Production of Documents from Quest Software, Inc. filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order Regarding Hearing and Briefing Schedule for Plaintiffs Motion to Compel Production of Documents from Quest Software, Inc.)(Green, Anthony) (Entered: 10/08/2009) |
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10/08/2009 |
ORDER Regarding Hearing and Briefing Scheudle for Plaintiff's Motion to Compel Produciton of Documents from Quest Software, Inc. by Magistrate Judge Robert N. Block, re Stipulation to Expedite, 256 . 1. The Parties shall jointly submit the motion by joint stipulation according to the following schedule: a. Plaintiff shall serve a copy of its introductory statement and argument section of the joint stipulation and all supporting documents on Quest on or before 6:00 p.m. Pacific/9:00 p.m. Eastern on October 8, 2009; b. Quest shall serve a copy of its introductory statement and argument section of the joint stipulation and all supporting documents on Plaintiff on or before 6:00 p.m. Pacific/9:00 p.m. Eastern on October 14, 2009; c. Plaintiff shall file the joint stipulation and all supporting papers after receiving Quests introductory statement and argument section on October 14, 2009. 2. Any supplemental memorandum and supporting documents, if any, shall be served and filed on or before October 16, 2009; and 3. Oral argument on the motion, if any, will take place on November 3, 2009, at 9:30 a.m. in Courtroom 6D. (db) (Entered: 10/09/2009) |
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10/08/2009 |
MINUTES OF IN CHAMBERS ORDER re Prop9osed stipulation regarding plaintiff's Motion to dcompel Production of Certain Documetns from Quest Software, filed 10/08/2009 held before Magistrate Judge Robert N. Block. The parties are advised that, to the extent their proposed stipulation includes a request that oral argument on the motion to compel that plaintiff contemplates filing take place on October 20, 2009, four days after the filing of their Supplemental Memoranda, their request is denied. The fact that the parties supposedly share an interest in a prompt determination of their discovery dispute is not sufficient good cause for the Court to give a higher priority to their motion than other pending motions and the Courts other work obligations. Accordingly, in the proposed Order, the Court has changed the hearing date to November 3, 2009, and the Notice of Motion should specify that date as the hearing date. However, if it appears to the Court after reviewing the Joint Stipulation and the parties Supplemental Memoranda that oral argument will not be of material assistance to the Courts determination of the Motion, the Court will take the hearing off calendar and then decide the Motion on the papers without oral argument. See Local Rule 7-15. (db) (Entered: 10/13/2009) |
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10/15/2009 |
STIPULATION to Compel Production of Certain Documents from Quest Software, Inc. filed by Defendants Michael J Lambert, Quest Software Inc. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Spieker, Meghan) (Entered: 10/15/2009) |
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10/19/2009 |
ORDER by Magistrate Judge Robert N. Block, re Stipulation to Expedite, 256 . a. Quests introductory statement and argument section of the joint stipulation and all supporting documents will be served on Plaintiff on or before 6 p.m. Pacific/9 p.m. Eastern time on Friday, October 16, 2009; b. Plaintiff will file the combined joint stipulation and all supporting papers with the Court on Monday, October 19, 2009; c. Supplemental memorandum, if any, and supporting documents will be filed and served on or before Tuesday, October 20, 2009; and d. Oral argument will be heard on November 3, 2009, a 9:30 a.m. in Courtroom 6D. Motion to Compel set for hearing on 11/3/2009 at 09:30 AM before Judge David O. Carter. (ade) (Entered: 10/21/2009) |
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10/21/2009 |
MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Robert N. Block. In view of the parties decision not to proceed at this time with plaintiffs Motion to Compel Production of Documents from Quest Software, the hearing set for November 3, 2009 is ordered off calendar. (db) (Entered: 10/21/2009) |
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11/19/2009 |
STIPULATION for Settlement filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Exhibit Exhibit A - [Proposed] Order Preliminarily Approving Settlement of Class Action and Establishing Notice Procedures, # 2 Exhibit Exhibit B - Notice of Pendency and Proposed Settlement of Class Action and Settlement Hearing, # 3 Exhibit Exhibit C - Summary Notice of Pendency and Proposed Settlement of Class Action, and Settlement Hearing, # 4 Exhibit Exhibit D - Proof of Claim and Release form, # 5 Exhibit Exhibit E - [Proposed] Order and Final Judgment, # 6 Exhibit Exhibit F - [Proposed] Order Granting Defendants' Motion for Approval of Bar Order)(Avery, Patricia) (Entered: 11/19/2009) |
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11/19/2009 |
NOTICE OF MOTION |
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11/19/2009 |
APPLICATION to Shorten Time for hearing re MOTION for Settlement Approval of Preliminary Approval of Proposed Settlement of Class Action 263 to December 7, 2009 filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order Shortening Time for Motion for Entry of Order Preliminarily Approving Settlement of Class Action and Establishing Notice Procedures)(Avery, Patricia) (Entered: 11/19/2009) |
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12/01/2009 |
ORDER by Judge David O. Carter: Shortening Time for Motion for Entry of Order Preliminarily Approving Settlement and Establishing Notice Procedures: The Court grants the application for an order shortening time for the Motion for Entry of Order Preliminarily Approving Settlement 264 and Establishing Notice Procedures and schedules such motion for hearing on December 7, 2009 at 8:30 a.m. (rla) (Entered: 12/01/2009) |
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12/07/2009 |
MINUTES OF Motion Hearing held before Judge David O. Carter: re MOTION by Plaintiff for Entry of Order Preliminarily Approval of Proposed Settlement of Class Action. Court signs proposed order regarding preliminary approval of proposed settlement this date. Court Reporter: Pat Cuneo. (mt) (Entered: 12/07/2009) |
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12/07/2009 |
ORDER Preliminarily Approving Settlement of Class Action and Establishing Notice Procedures by Judge David O. Carter. (mt) (Entered: 12/07/2009) |
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12/30/2009 |
TRANSCRIPT for proceedings held on 12/7/2009 10:39 AM. Court Reporter: Pat Cuneo, phone number 213-617-1817. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/20/2010. Redacted Transcript Deadline set for 1/30/2010. Release of Transcript Restriction set for 3/30/2010. (Cuneo, Patricia) (Entered: 12/30/2009) |
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01/04/2010 |
NOTICE OF FILING TRANSCRIPT filed for proceedings 12/7/2009 10:39 AM (Cuneo, Patricia) (Entered: 01/04/2010) |
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02/25/2010 |
NOTICE OF MOTION |
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02/26/2010 |
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Order for Approval of Bar Order 270 . The following error(s) was found: Hearing information is not timely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rrp) (Entered: 02/26/2010) |
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03/08/2010 |
NOTICE OF MOTION |
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03/08/2010 |
DECLARATION of Marian P. Rosner in Support of Proposed Class Action Settlement, Application for Award of Attorneys' Fees and Reimbursement of Litigation Expenses, and Application by Lead Plaintiff for Reimbursement of Time and Expenses MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation and Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Application by Lead Plaintiff for Reimbursement of Time and Expenses 272 filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Declaration of Marian P. Rosner in Support of Plaintiff's Counsel's Application for Award of Attorneys' Fees and Reimbursement of Expenses, # 2 Declaration of Blake M. Harper in Support of Plaintiff's Counsel's Application for Award of Attorneys' Fees and Reimbursement of Expenses)(Avery, Patricia) (Entered: 03/08/2010) |
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03/08/2010 |
DECLARATION of Thomas F. Gibson of Lead Plaintiff Middlesex Retirement System in Support of Approval of Proposed Class Action Settlement and Application for Reimbursement of Time and Expenses Pursuant to 15 U.S.C. §78u-4(a)(4) MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation and Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Application by Lead Plaintiff for Reimbursement of Time and Expenses 272 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 03/08/2010) |
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03/08/2010 |
DECLARATION of Rust Consulting -- Affidavit Of Peter M. Craig Regarding (1) Mailing Of Notice Of Pendency And Proposed Settlement Of Class Action And Settlement Hearing And (2) Publication Of Summary Notice MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation and Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Application by Lead Plaintiff for Reimbursement of Time and Expenses 272 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 03/08/2010) |
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03/08/2010 |
MEMORANDUM in Support of MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation and Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Application by Lead Plaintiff for Reimbursement of Time and Expenses 272 -- Plaintiffs Memorandum Of Points And Authorities For Final Approval Of (1) Class Action Settlement And (2) Proposed Plan Of Allocation -- filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 03/08/2010) |
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03/08/2010 |
MEMORANDUM in Support of MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation and Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Application by Lead Plaintiff for Reimbursement of Time and Expenses 272 -- Memorandum Of Points And Authorities In Support Of Plaintiffs Counsels Application For Attorneys Fees And Reimbursement Of Expenses, And Application By Lead Plaintiff For Reimbursement Of Time And Expenses -- filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 03/08/2010) |
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03/08/2010 |
Appendix Of Unpublished Authorities In Support Of Plaintiffs Counsels Application For Attorneys Fees And Reimbursement Of Expenses, And Application By Lead Plaintiff For Reimbursement Of Time And Expenses re MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation and Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Application by Lead Plaintiff for Reimbursement of Time and Expenses 272 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 03/08/2010) |
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03/10/2010 |
MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: TAKING MATTER UNDER SUBMISSION re: 270 Motion for Approval ofBar Order; taking under advisement 272 Motion for Settlement Approval of Class Action Settlement and Plan of Allocation; and Application for Award of Attorneys' Fees, Reimbursement of Expenses and Application by Lead Plaintiff for Reimbursement of Time and Expenses. Court finds these matters appropriate for decision without oral argument. Accordingly, the hearing set March 15, 2010 at 8:30 a.m. is removed from the calendar. Parties will be served with the Court's ruling. (rla) (Entered: 03/11/2010) |
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03/11/2010 |
SUPPLEMENT to MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation and Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Application by Lead Plaintiff for Reimbursement of Time and Expenses 272 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 03/11/2010) |
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03/25/2010 |
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter: SETTING HEARING ON MOTIONS: Court re-sets the following matters for hearing on April 19, 2010 at 8:30a.m. in Courtroom 9D. Defendant Quest Software and Michael Lambert's Motion for Approval of Bar Order (Filed on February 25, 2010); Plaintiff's Motion for Settlement Approval of Class Action Settlement and Plan of Allocation and Application for Award of Attorneys' Fees, Reimbursement of Expenses and Application by Lead Plaintiff for Reimbursement of Time and Expense (Filed on March 8, 2010). (rla) (Entered: 03/25/2010) |
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04/01/2010 |
STIPULATION for Hearing re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Deadlines and Hearings, Set Motion and R&R Deadlines,,,,,, 281 , MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation and Application for Award of Attorneys' Fees, Reimbursement of Expenses, and Application by Lead Plaintiff for Reimbursement of Time and Expenses 272 , MOTION for Order for Approval of Bar Order 270 filed by Plaintiff Middlesex Retirement System. (Attachments: # 1 Proposed Order Re-Scheduling Hearing on Final Approval of Settlement, etc. & Motion for Bar Order, from 4/19/10 to 4/26/10, # 2 Exhibit Certificate of Service of Stipulation & [Proposed] Order Adjourning Hearing on Proposed Settlement of Class Action, etc; and Motion for Bar Order)(Avery, Patricia) (Entered: 04/01/2010) |
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04/02/2010 |
ORDER RE-SCHEDULING HEARING ON: (a) MOTION FOR FINAL
APPROVAL OF (1) CLASS ACTION SETTLEMENT |
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04/26/2010 |
ORDER Granting Defendants' Motion for Approval of Bar Order by Judge David O. Carter 270 . (db) (Entered: 04/27/2010) |
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04/26/2010 |
ORDER and Final Judgment by Judge David O. Carter. (See Order for details) (Made JS-6. Case Terminated.) (db) (Entered: 04/27/2010) |
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MINUTES OF Motion Hearing held before Judge David O.
Carter re: Motion by Defendants Quest Software and Michael Lambert for
Approval of Bar Order and Motion by Plaintiff ro Settlement Approval of Class
Action Settlement, etc. Court addresses counsel. Orders signed this date.
Court Reporter: Debbie Gale. (db) (Entered: |
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NOTICE OF CLERICAL ERROR: Due to clerical error, the
scanned document, Order on Motion for Order 284 was incomplete
and missing page 2. The entire order attached to this entry. (Attachments: # 1 Order for
Approval of Bar Order, Pages 1 - 3) (smi) (Entered: |