(RNBx), CLOSED, DISCOVERY, MANADR, RELATED-G


United States District Court
Central District Of California (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:06-cv-06863-DOC-RNB


Middlesex Retirement System v. Quest Software Inc et al
Assigned to: Judge David O. Carter
Referred to: Magistrate Judge Robert N. Block
Lead case: 8:06-cv-00751-DOC-RNB
Member cases:

    8:06-cv-00751-DOC-RNB

    8:06-cv-00763-DOC-RNB

    2:06-cv-06863-DOC-RNB

    8:07-cv-00901-DOC-RNB

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


Date Filed: 10/27/2006
Date Terminated: 04/26/2010
Jury Demand: Both
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Plaintiff

 

Middlesex Retirement System
Individually and on Behalf of All Others Similarly Situated

represented by

Anthony D Green
Wolf Popper
845 3rd Avenue 12th Floor
New York, NY 10022
212-759-4600
Email: agreen@wolfpopper.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Blake M Harper
Hulett Harper Stewart LLP
525 B Street Suite 760
San Diego, CA 92101
619-338-1133
Fax: 619-338-1139
Email: bmh@hulettharper.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Chet B Waldman
Wolf Popper
845 3rd Ave
12th Fl
New York, NY 10022
212-759-4600
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Marian P Rosner
Wolf Popper
845 3rd Ave
12th Fl
New York, NY 10022
212-759-4600
Email: mrosner@wolfpopper.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patricia I Avery
Wolf Popper
845 3rd Ave
12th Fl
New York, NY 10022
212-451-9619
Email: pavery@wolfpopper.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sarah P Weber
Hulett Harper Stewart LLP
525 B Street Suite 760
San Diego, CA 92101
619-338-1133
Fax: 619-338-1139
Email: sweber@hulettharper.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Quest Software Inc

represented by

Aaron F Olsen
Cooley Godward
4401 Eastgate Mall
San Diego, CA 92121
858-550-6000
TERMINATED: 06/16/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Koji F Fukumura
Cooley Godward Kronish
4401 Eastgate Mall
San Diego, CA 92121-1909
858-550-6000
Email: kfukumura@cooley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ryan E Blair
Cooley Godward Kronish
4401 Eastgate Mall
San Diego, CA 92121
858-550-6000
Email: rblair@cooley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Meghan Oryan Spieker
Cooley Godward Kronish
4401 Eastgate Mall
San Diego, CA 92121
858-550-6007
Fax: 858-550-6240
Email: mspieker@cooley.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Vincent C Smith

represented by

Aaron F Olsen
(See above for address)
TERMINATED: 06/16/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David J Schindler
Latham and Watkins LLP
355 South Grand Avenue Ste 100
Los Angeles, CA 90071
213-485-1234
Fax: 213-891-8763
Email: David.Schindler@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ethan J Brown
Latham and Watkins LLP
355 South Grand Avenue Ste 100
Los Angeles, CA 90071
213-485-1234
Fax: 213891-8763
Email: ethan.brown@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Koji F Fukumura
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Paul H Dawes
Latham & Watkins LLP
140 Scott Drive
Menlo Park, CA 94025-3625
650-328-4500
Fax: 650-463-2600
Email: paul.dawes@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Terri Lea Lilley
Latham & Watkins LLP
355 South Grand Avenue Suite 100
Los Angeles, CA 90071
213-485-1234
Fax: 213-891-8763
Email: terri.lilley@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Brinkley Morse

represented by

Aaron F Olsen
(See above for address)
TERMINATED: 06/16/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Koji F Fukumura
(See above for address)
TERMINATED: 04/07/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert D Rose
Sheppard Mullin Richter and Hampton LLP
501 West Broadway 19th Fl
San Diego, CA 92101
619-338-6500
Fax: 619-234-3815
Email: rrose@sheppardmullin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Vincent J Brown
Sheppard Miller Richter and Hampton
501 West Broadway, 19th Floor
San Diego, CA 92101
619-338-6500
Fax: 619-234-3815
Email: vbrown@sheppardmullin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Michael J Lambert

represented by

Aaron F Olsen
(See above for address)
TERMINATED: 06/16/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Koji F Fukumura
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ryan E Blair
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Meghan Oryan Spieker
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Kevin Brooks

represented by

Aaron F Olsen
(See above for address)
TERMINATED: 06/16/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cary J Economou
Stroock and Stroock and Lavan LLP
2029 Century Park East 18th Fl
Los Angeles, CA 90067-3086
310-556-5800
Fax: 310-556-5959
Email: ceconomou@stroock.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Koji F Fukumura
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael F Perlis
Stroock and Stroock and Lavan LLP
2029 Century Park East 18th Fl
Los Angeles, CA 90067-3086
310-556-5800
Fax: 310-556-5959
Email: mperlis@stroock.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Wrenn E Chais
Stroock Stroock & Lavan
2029 Century Park E, 18th Fl
Los Angeles, CA 90067-3086
310-556-5800
Fax: 310-556-5959
Email: wchais@stroock.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Zulaikha Aziz
Stroock and Stroock and Lavan LLP
2029 Century Park East
Los Angeles, CA 90067
310-556-5987
Fax: 310-556-5959
Email: zaziz@stroock.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

David M Doyle

represented by

Aaron F Olsen
(See above for address)
TERMINATED: 06/16/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Brad D Brian
Munger Tolles & Olson LLP
355 South Grand Avenue 35th Floor
Los Angeles, CA 90071-1560
213-683-9100
Fax: 213-687-3702
Email: brad.brian@mto.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Koji F Fukumura
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Luis Li
Munger Tolles & Olson LLP
355 South Grand Ave 35th Floor
Los Angeles, CA 90071
213-683-9100
Fax: 213-687-3702
Email: luis.li@mto.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Shoshana E Bannett
Munger Tolles & Olson LLP
355 South Grand Avenue 35th Floor
Los Angeles, CA 90071
213-683-9593
Fax: 213-593-2993
Email: shoshana.bannett@mto.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Douglas F Garn

represented by

Aaron F Olsen
(See above for address)
TERMINATED: 06/16/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Koji F Fukumura
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Jerry Murdock, Jr

represented by

Aaron F Olsen
(See above for address)
TERMINATED: 06/16/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew J Levander
Dechert LLP
1095 Avenue of the Americas
New York, NY 10036
212-698-3683
Email: andrew.levander@dechert.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Koji F Fukumura
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael Z Goldman
Dechert LLP
1095 Avenue of the Americas
New York, NY 10036
212-649-8744
Email: michael.goldman@dechert.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard J Cutler
AUSA - Office of US Attorney
411 W 4th St, Ste 8000
Santa Ana, CA 92701-4599
714-338-3500
Email: richard.cutler@dechert.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert A Robertson
Dechert
4675 MacArthur Court
Suite 1400
Newport Beach, CA 92660
949-442-6000
Email: robert.robertson@dechert.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Valerie M Wagner
GCA LAW PARTNERS LLP
1891 Landings Drive
Mountain View, CA 94043
650-428-3900
Fax: 650-428-3901
Email: vwagner@gcalaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

10/27/2006

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: 11/03/2006)

10/27/2006

  

20 DAYS Summons Issued re Complaint - (Discovery) 1 as to Defendants Brinkley Morse, Michael J Lambert, Quest Software Inc, Vincent C Smith. (jp) (Entered: 11/03/2006)

10/27/2006

CERTIFICATION AS to Interested Parties filed by Plaintiff Middlesex Retirement System. (jp) (Entered: 11/03/2006)

10/27/2006

3 

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jp) (Entered: 11/03/2006)

10/27/2006

  

FAX number for Attorneys Blake M Harper, Sarah Weber is 619-338-1139. (jp) (Entered: 11/03/2006)

10/27/2006

  

FAX number for Attorneys Patricia I Avery, Anthony D Green is 212-486-2093. (jp) (Entered: 11/03/2006)

10/27/2006

  

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: 11/03/2006)

10/31/2006

4 

INITIAL STANDING ORDER for Cases Assigned to Judge S James Otero: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. Counsel for Plaintiff(s) shall immediately serve this order on all defendants and/or their counsel along with the summons and complaint. If this case was assigned to this Court after being removed from state court, defendants who removed the case shall serve this order on all other parties. This case has been assigned to the calendar of Judge S James Otero. To secure the just, speedy and inexpensive determination of every action, FRCP 4 all counsel are ordered to familiarize themselves with the FRCP and the Local Rules of the Central District of CA (See document for further details)(klg, ) (Entered: 11/06/2006)

11/13/2006

NOTICE of Related Case(s) filed by plaintiff Middlesex Retirement System. Related Case(s): SACV 06-751-DOC(RNBx) (stsh, ) (Entered: 11/14/2006)

11/13/2006

  

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: 11/21/2006)

11/13/2006

APPLICATION for attorney Marian Rosner to Appear Pro Hac Vice. FEE PAID. filed by plaintiff Middlesex Retirement System. Lodged order. (klg, ) (Entered: 11/21/2006)

11/13/2006

APPLICATION for attorney Anthony D Green to Appear Pro Hac Vice. FEE PAID. filed by plaintiff Middlesex Retirement System. Lodged order. (klg, ) (Entered: 11/21/2006)

11/13/2006

10 

APPLICATION for attorney Patricia I Avery to Appear Pro Hac Vice. FEE PAID. filed by plaintiff Middlesex Retirement System. Lodged order. (klg, ) (Entered: 11/21/2006)

11/15/2006

7 

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: 11/21/2006)

11/15/2006

9 

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: 11/21/2006)

11/15/2006

11 

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: 11/21/2006)

11/16/2006

  

PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to SACV 06-751-DOC(RNBx). (stsh, ) (Entered: 11/16/2006)

11/21/2006

  

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: 12/11/2006)

12/07/2006

12 

PROOF OF SERVICE Executed by plaintiff Middlesex Retirement System, upon Quest Software Inc served on 11/13/2006, answer due 12/3/2006. The Summons and Complaint were served by personal service, by federal statute, upon Eva Camacho, authorized to receive service of process. Due Dilligence declaration not attached. Original Summons returned. (klg, ) (Entered: 12/11/2006)

12/13/2006

13 

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Case- filed. Related Case No: SACV 06-751 DOC (RNBx). Case transfered from Judge Charles F. Eick and S. James Otero to Judge David O. Carter and Robert N. Block for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 06-6863 DOC (RNBx).Signed by Judge David O. Carter (rn, ) Modified on 12/13/2006 (rn, ). (Entered: 12/13/2006)

12/13/2006

  

Cases associated with Lead Case SACV 06-751 DOC (RNBx) (rn, ) (Entered: 12/13/2006)

12/28/2006

15 

NOTICE OF MOTION AND MOTION for Order for Appointment of Lead Plaintiff, MOTION for Appointment of Lead Selection of Counsel; filed by plaintiff Middlesex Retirement System. Motion set for hearing on 1/22/2007 at 08:30 AM before Judge David O. Carter. Lodged Order. (rla, ) (Entered: 01/14/2007)

12/28/2006

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: 01/14/2007)

12/28/2006

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: 01/14/2007)

12/28/2006

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: 01/14/2007)

01/11/2007

14 

STIPULATION AND ORDER by Judge David O. Carter: REGARDING RESPONSE TO COMPLAINT: 1) A Consolidated Complaint shall be filed by lead plaintiff within 60 days of the Courts designation of lead plaintiff and lead counsel. 2) Defendants shall have 60 days from service of the Consolidated Complaint in which to respond. 3) Lead plaintiff shall have 60 days to file and serve any responsive briefs, in the event that the defendants move to dismiss the Consolidated Complaint. 4) (See document for further details.) IT IS SO ORDERED.(rla, ) (Entered: 01/11/2007)

01/22/2007

19 

STIPULATION AND ORDER by Judge David O. Carter: APPOINTING LEAD PLAINTIFF and Approving Lead Plaintiffs Selection of Counsel: (See document for further details.) 3) Middlesex Retirement System is appointed to serve as lead plaintiff. 4) The law firm of WolfPopper LLP is hereby approved as lead counsel for the plaintiff class. 5) The law firm of Hulett Harper Stewart LLP is hereby approved as liaison counsel for the plaintiff class. IT IS SO ORDERED.(rla, ) (Entered: 01/24/2007)

01/22/2007

  

PLACED IN FILE - NOT USED re Proposed Order Appointing Lead Plaintiff and Approving Lead Plaintiffs Selection of Counsel submitted by Plaintiff Middlesex Retirement System. (smi, ) (Entered: 01/24/2007)

03/26/2007

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: 03/27/2007)

03/26/2007

  

20 day Summons Issued re Complaint - (Discovery) 1 as to Brinkley Morse, Michael J Lambert, Quest Software Inc, Vincent C Smith. (dmjr, ) (Entered: 04/09/2007)

03/26/2007

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)

03/26/2007

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 3/26/7. (dmjr, ) (Entered: 04/09/2007)

03/27/2007

21 

ORDER by Judge David O. Carter,granting APPLICATION of C B Waldman for Leave to Appear Pro Hac Vice. FEE PAID. 20 (dmjr, ) (Entered: 03/29/2007)

05/25/2007

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: 06/13/2007)

05/25/2007

33 

NOTICE OF MOTION AND 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.Motion set for hearing on 9/10/2007 at 08:30 AM before Judge David O. Carter. (esa) (Entered: 06/14/2007)

05/25/2007

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: 06/14/2007)

05/25/2007

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: 06/14/2007)

05/25/2007

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 5/25/07. (esa) (Entered: 06/14/2007)

05/31/2007

25 

WAIVER OF SERVICE Returned Executed filed by plaintiff Middlesex Retirement System. upon Michael J Lambert waiver sent by Plaintiff on 11/27/2006, answer due 1/26/2007. Waiver of Service signed by illegible. (dmjr) (Entered: 06/14/2007)

05/31/2007

26 

WAIVER OF SERVICE Returned Executed filed by plaintiff Middlesex Retirement System. upon Vincent C Smith waiver sent by Plaintiff on 11/27/2006, answer due 1/26/2007. Waiver of Service signed by illegible. (dmjr) (Entered: 06/14/2007)

05/31/2007

27 

WAIVER OF SERVICE Returned Executed filed by plaintiff Middlesex Retirement System. upon Brinkley Morse waiver sent by Plaintiff on 11/27/2006, answer due 1/26/2007. Waiver of Service signed by illegible. (dmjr) (Entered: 06/14/2007)

05/31/2007

28 

WAIVER OF SERVICE Returned Executed filed by plaintiff Middlesex Retirement System. upon Douglas F Garn waiver sent by Plaintiff on 3/26/2007, answer due 5/25/2007. Waiver of Service signed by illegible. (dmjr) (Entered: 06/14/2007)

05/31/2007

29 

WAIVER OF SERVICE Returned Executed filed by plaintiff Middlesex Retirement System. upon Kevin Brooks waiver sent by Plaintiff on 3/26/2007, answer due 5/25/2007. Waiver of Service signed by illegible. (dmjr) (Entered: 06/14/2007)

05/31/2007

30 

WAIVER OF SERVICE Returned Executed filed by plaintiff Middlesex Retirement System. upon Quest Software Inc waiver sent by Plaintiff on 11/27/2006, answer due 1/26/2007. Waiver of Service signed by illegible. (dmjr) (Entered: 06/14/2007)

05/31/2007

31 

PROOF OF SERVICE Executed by plaintiff Middlesex Retirement System, upon David M Doyle served on 4/14/2007, answer due 5/4/2007. The Summons and first amended Complaint were served by certified mail service, by unspecified statute, upon Ricardo Arvizo. Due Dilligence declaration not attached. Original Summons not returned. (dmjr) (Entered: 06/14/2007)

05/31/2007

32 

PROOF OF SERVICE Executed by plaintiff Middlesex Retirement System, upon Jerry Murdock, Jr served on 5/3/2007, answer due 5/23/2007. The Summons and first amended Complaint were served by personal service, by unspecified statute, upon John Doe, and by mail. Due Dilligence declaration not attached. Original Summons not returned. (dmjr) (Entered: 06/14/2007)

07/24/2007

37 

MEMORANDUM of Points and Authorities in Opposition to MOTION to Dismiss First Amended Complaint 33 filed by Plaintiff Middlesex Retirement System. (esa) (Entered: 08/01/2007)

07/24/2007

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: 08/01/2007)

07/24/2007

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: 08/01/2007)

08/23/2007

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: 08/30/2007)

08/23/2007

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 August 23, 2007. (vm) (Entered: 08/30/2007)

08/23/2007

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: 08/30/2007)

08/31/2007

44 

OPPOSITION to Defendants' Request for Judicial Notice as to Exhibit M to the Supplemental Appendix filed by Plaintiff Middlesex Retirement System. (ad) (Entered: 09/10/2007)

08/31/2007

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: 09/10/2007)

08/31/2007

46 

SECOND REQUEST FOR JUDICIAL NOTICE filed by plaintiff Middlesex Retirement System. (ad) (Entered: 09/10/2007)

08/31/2007

47 

DECLARATION of Anthony D Green in support of Second Request for Judicial Notice filed by Plaintiff Middlesex Retirement System. (ad) (Entered: 09/10/2007)

09/04/2007

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 September 10, 2007 at 8:30 a.m. is removed from the calendar. (kh) (Entered: 09/04/2007)

09/07/2007

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: 09/21/2007)

10/03/2007

49 

ORDER by Judge David O. Carter: Scheduling Conference set for 1/29/2008 08:30 AM before Judge David O. Carter.(kh) (Entered: 10/03/2007)

10/10/2007

50 

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)

10/22/2007

51 

MINUTES OF IN CHAMBERS ORDER held before Judge David O. Carter GRANTING IN PART AND DENYING IN PART Motion by Defendants to Dismiss First Amended Complaint 33 . Plaintiff shall have until December 1, 2007 to file an amended complaint. (kh) (Entered: 10/22/2007)

11/27/2007

52 

DEFENDANTS' NOTICE OF MOTION AND MOTION for Certification of Order for Interlocutory Appeal pursuant to 28 U.S.C. Section 1292(b); 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. Motion set for hearing on 1/28/2008 at 8:30 AM before Judge David O. Carter. (te) (Entered: 12/04/2007)

11/27/2007

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: 12/04/2007)

11/27/2007

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: 12/04/2007)

11/27/2007

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: 12/04/2007)

12/06/2007

56 

STIPULATION AND ORDER by Judge David O. Carter. Plaintiff shall file its amended complaint by January 18, 2008. (smi) (Entered: 12/06/2007)

01/14/2008

57 

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: 01/14/2008)

01/14/2008

58 

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: 01/14/2008)

01/18/2008

59 

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)

01/18/2008

60 

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: 01/18/2008)

01/18/2008

61 

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: 01/18/2008)

01/18/2008

62 

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: 01/18/2008)

01/18/2008

63 

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)

01/24/2008

64 

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: 01/24/2008)

01/25/2008

65 

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: 01/25/2008)

01/29/2008

66 

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 1/30/2008 (kh, ). (Entered: 01/30/2008)

02/06/2008

67 

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: 02/06/2008)

02/06/2008

68 

Defendants' and Plaintiff's Joint Memorandum Regarding Discovery Dispute (Attachments: # 1 Exhibit 1)(Fukumura, Koji) (Entered: 02/06/2008)

02/21/2008

69 

NOTICE of Appearance filed by attorney Valerie M Wagner on behalf of Defendant Jerry Murdock, Jr (Wagner, Valerie) (Entered: 02/21/2008)

02/22/2008

70 

NOTICE of Appearance filed by attorney Richard J Cutler on behalf of Defendant Jerry Murdock, Jr (Cutler, Richard) (Entered: 02/22/2008)

02/22/2008

71 

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: 02/25/2008)

02/25/2008

72 

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)

02/26/2008

73 

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: 02/26/2008)

02/26/2008

74 

NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Douglas F Garn, Michael J Lambert, Quest Software Inc, Kevin Brooks, David M Doyle, Vincent C Smith.Motion set for hearing on 5/12/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum of Points & Authorities in Support of Motion)(Fukumura, Koji) (Entered: 02/26/2008)

02/26/2008

75 

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: 02/26/2008)

02/26/2008

76 

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)

02/26/2008

77 

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: 02/26/2008)

03/03/2008

78 

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: 03/03/2008)

03/04/2008

79 

NOTICE Substitution of Attorneys filed by Defendant Brinkley Morse. (Attachments: # 1 proof of service)(Rose, Robert) (Entered: 03/04/2008)

03/04/2008

80 

NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Jerry Murdock, Jr.Motion set for hearing on 5/12/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum of Points and Authorities)(Cutler, Richard) (Entered: 03/04/2008)

03/04/2008

81 

NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss Plaintiff's Second Amended Complaint 74 filed by Defendant Brinkley Morse.Motion set for hearing on 5/12/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Certificate of Service)(Rose, Robert) (Entered: 03/04/2008)

03/06/2008

82 

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found. Incorrect event selected, correct event is Substitute Attorney. (rrp) (Entered: 03/06/2008)

03/07/2008

83 

NOTICE OF MOTION AND 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 filed by Defendants Douglas F Garn, Michael J Lambert, Quest Software Inc, Kevin Brooks, David M Doyle, Vincent C Smith.Motion set for hearing on 4/14/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proof of Service)(Fukumura, Koji) (Entered: 03/07/2008)

03/10/2008

84 

NOTICE of Appearance filed by attorney Robert A Robertson on behalf of Defendant Jerry Murdock, Jr (Robertson, Robert) (Entered: 03/10/2008)

03/28/2008

85 

Notice of Change of Attorney Information filed by Defendant Brinkley Morse (Attachments: # 1 proof of service)(Rose, Robert) (Entered: 03/28/2008)

03/28/2008

86 

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: 03/28/2008)

03/31/2008

87 

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: 03/31/2008)

03/31/2008

88 

PROOF OF SERVICE filed by Plaintiff Middlesex Retirement System, re MEMORANDUM in Opposition to Motion, 87 served on 03/31/2008. (Harper, Blake) (Entered: 03/31/2008)

03/31/2008

89 

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: 03/31/2008)

03/31/2008

90 

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: 03/31/2008)

04/07/2008

91 

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: 04/07/2008)

04/07/2008

92 

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: 04/07/2008)

04/08/2008

94 

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: 04/10/2008)

04/08/2008

95 

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: 04/10/2008)

04/08/2008

96 

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: 04/10/2008)

04/08/2008

97 

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: 04/10/2008)

04/09/2008

93 

MINUTES OF IN CHAMBERS ORDER TAKING MATTER UNDER SUBMISSION held before Judge David O. Carter re: Motion by Defendants for Reconsideration of 2/22/08 Order Re: Discovery 83 . Court finds matter appropriate for decision without oral argument. Accordingly, the hearing set April 14, 2008 at 8:30 a.m. is removed from the calendar. (kh) (Entered: 04/09/2008)

04/11/2008

98 

RESPONSE IN SUPPORT of notice in support of defendants' motions to dismiss second amended complaint filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 04/11/2008)

04/11/2008

99 

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: 04/11/2008)

04/11/2008

100 

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: 04/11/2008)

04/11/2008

101 

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: 04/11/2008)

04/11/2008

102 

NOTICE OF LODGING filed in Connection with Document # 100 (Avery, Patricia) (Entered: 04/11/2008)

04/11/2008

103 

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: 04/11/2008)

04/11/2008

104 

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: 04/11/2008)

04/11/2008

105 

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: 04/11/2008)

04/14/2008

106 

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: 04/14/2008)

04/16/2008

107 

NOTICE OF LODGING filed with Respect to Document #99 (Avery, Patricia) (Entered: 04/16/2008)

04/16/2008

108 

Proof OF SERVICE filed by Plaintiff Middlesex Retirement System, re Notice of Lodging 107 served on 04/16/2008. (Avery, Patricia) (Entered: 04/16/2008)

04/21/2008

122 

TRANSCRIPT filed for proceedings held on 1/28/08 Court Reporter: Jane C.S. Rule. (smi) (Entered: 05/24/2008)

04/25/2008

109 

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: 04/25/2008)

04/25/2008

110 

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: 04/25/2008)

04/25/2008

111 

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)

04/25/2008

112 

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: 04/25/2008)

05/02/2008

113 

REPLY In Support Of MOTION to Dismiss Second Amended Complaint 80 filed by Defendant Jerry Murdock, Jr. (Cutler, Richard) (Entered: 05/02/2008)

05/02/2008

114 

REPLY In Support of Joinder To Defendants' MOTION to Dismiss Second Amended Complaint 80 filed by Defendant Brinkley Morse. (Brown, Vincent) (Entered: 05/02/2008)

05/02/2008

115 

PROOF OF SERVICE filed by Defendant Brinkley Morse, re Reply (Motion related) 114 served on May 2, 2008. (Brown, Vincent) (Entered: 05/02/2008)

05/02/2008

116 

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)

05/02/2008

117 

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)

05/02/2008

118 

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: 05/02/2008)

05/06/2008

119 

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 May 12, 2008 at 8:30 a.m. is removed from the calendar. Parties will be served with the Courts ruling. (kh) (Entered: 05/06/2008)

05/07/2008

120 

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: 05/07/2008)

05/07/2008

121 

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: 05/07/2008)

07/10/2008

123 

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 AND DENIES IN PART Defendants' Motion. (See document for further details.) Defendants' Motions to Dismiss are hereby DENIED, except that Plaintiff's § 20A claim is hereby DISMISSED against Defendants Doyle, Murdock and Garn. Defendants' Motion for Reconsideration is hereby DENIED AS MOOT. Defendants are hereby ORDERED to begin producing discovery posthaste. The Clerk shall serve this minute order on all parties to the action. (rla) (Entered: 07/10/2008)

07/10/2008

124 

AMENDED MINUTES OF IN CHAMBERS ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT; (2) ORDERING DISCOVERY. Defendants Motions to Dismiss are hereby DENIED, except that Plaintiffs § 20A claim is hereby DISMISSED against Defendants Doyle, Murdock and Garn. Defendants Motion for Reconsideration is hereby DENIED AS MOOT. Defendants are hereby ORDERED to begin producing discovery posthaste. (kh) (Entered: 07/23/2008)

07/24/2008

125 

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: 07/24/2008)

07/24/2008

126 

ANSWER to Amended Complaint, 63 Jury Demand filed by Defendant Jerry Murdock, Jr. (Attachments: # 1 Proof of Service)(Cutler, Richard) (Entered: 07/24/2008)

07/24/2008

127 

ANSWER to Amended Complaint, 63 filed by Defendant Brinkley Morse. (Attachments: # 1 Proof of Service)(Brown, Vincent) (Entered: 07/24/2008)

08/11/2008

128 

NOTICE OF MOTION AND MOTION to Stay Case pending RESOLUTION OF PARALLEL CRIMINAL MATTER AS TO MORSE filed by Defendant Brinkley Morse. Motion set for hearing on 9/22/2008 at 08:30 AM before Judge David O. Carter. (Brown, Vincent) (Entered: 08/11/2008)

08/11/2008

129 

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: 08/11/2008)

08/11/2008

130 

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)

08/11/2008

131 

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 August 11, 2008. (Brown, Vincent) (Entered: 08/11/2008)

09/08/2008

132 

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: 09/08/2008)

09/15/2008

133 

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: 09/15/2008)

09/17/2008

134 

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 11/27/07 Motion for Certification as moot. (nbo) (Entered: 09/17/2008)

09/17/2008

135 

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 September 22, 2008 at 8:30 a.m. is removed from the calendar. Parties will be served with the Courts ruling. (kh) (Entered: 09/17/2008)

09/19/2008

136 

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 09/22/08 is removed from the Court's calendar. The Court further allows Morse to delay responding to interrogatories that may implicate his fifth Amendment rights until after the Final Pretrial Confernece in this matter. Further, the Court extends discovery for the limited purpose of allowing Plaintff to take Morse's deposition after the Final Pretrial Conference as well. (db) (Entered: 09/19/2008)

11/14/2008

137 

STIPULATION for Protective Order filed by defendant Quest Software Inc. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Olsen, Aaron) (Entered: 11/14/2008)

12/08/2008

138 

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: 12/08/2008)

12/24/2008

139 

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: 12/24/2008)

01/07/2009

140 

ORDER REGARDING USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION by Magistrate Judge Robert N. Block re Stipulation for Discovery 139 . (See Order for details) (db) (Entered: 01/08/2009)

01/15/2009

141 

NOTICE OF DISCREPANCY AND ORDER: by Judge David O. Carter, ORDERING Letter to Judge; Stipulation and (Proposed) Scheduling Order received on 1/12/2009 is not to be filed but instead rejected. Denial based on: Local Rule 11-4.1 No copy provided for Judge of stipulation; Not E-filed, stipulation not signed and no letters to the Judge. (lwag) (Entered: 01/15/2009)

02/10/2009

142 

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)

02/11/2009

143 

SCHEDULING ORDER by Judge David O. Carter. Note: Changes Made by the Court. (nbo) (Entered: 02/12/2009)

03/25/2009

144 

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)

03/25/2009

145 

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)

03/26/2009

146 

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)

05/15/2009

147 

NOTICE of Appearance filed by attorney Wrenn E Chais on behalf of Defendant Kevin Brooks (Chais, Wrenn) (Entered: 05/15/2009)

05/15/2009

148 

NOTICE of Appearance filed by attorney Shoshana E Bannett on behalf of Defendant David M Doyle (Bannett, Shoshana) (Entered: 05/15/2009)

06/11/2009

149 

NOTICE of Appearance filed by attorney Terri Lea Lilley on behalf of Defendant Vincent C Smith (Lilley, Terri) (Entered: 06/11/2009)

06/12/2009

150 

NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Middlesex Retirement System. Motion set for hearing on 7/6/2009 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Declaration of Thomas R. Gibson in Support of Lead Plaintiff's Motion for Class Certification, # 2 Proposed Order Granting Lead Plaintiff's Motion for Class Certification)(Avery, Patricia) (Entered: 06/12/2009)

06/12/2009

151 

MEMORANDUM in Support of MOTION to Certify Class 150 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 06/12/2009)

06/12/2009

152 

DECLARATION of Patricia I. Avery in Support of Lead Plaintiff's Motion for Class Certification--Volume I of III (Exhibits A-D) MOTION to Certify Class 150 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 06/12/2009)

06/12/2009

153 

DECLARATION of Patricia I. Avery in Support of Lead Plaintiff's Motion for Class Certification--Volume II of III (Exhibit E) MOTION to Certify Class 150 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 06/12/2009)

06/12/2009

154 

DECLARATION of Patricia I. Avery in Support of Lead Plaintiff's Motion for Class Certification -- Volume III of III (Exhibits F-H) MOTION to Certify Class 150 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 06/12/2009)

06/12/2009

155 

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)

06/12/2009

156 

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 III), Appendix of Unreported Opinions re MOTION to Certify Class 150 filed by Plaintiff Middlesex Retirement System. (Avery, Patricia) (Entered: 06/12/2009)

06/16/2009

157 

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)

06/16/2009

158 

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)

06/18/2009

159 

NOTICE OF MOTION AND MOTION to Compel Production of Documents by Quest Software, Inc. with Joint Stipulation of Parties Pursuant to L.R. 37-2 filed by Plaintiff Middlesex Retirement System. Motion set for hearing on 7/13/2009 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order Granting Motion to Compel Production of Documents by Quest Software, Inc.)(Green, Anthony) (Entered: 06/18/2009)

06/18/2009

160 

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)

06/18/2009

161 

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)

06/18/2009

162 

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)

06/18/2009

163 

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)

06/18/2009

164 

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)

06/18/2009

165 

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)

06/18/2009

166 

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)

06/18/2009

167 

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)

06/19/2009

168 

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)

06/23/2009

169 

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)

06/24/2009

170 

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)

06/24/2009

171 

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)

06/26/2009

172 

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)

06/26/2009

173 

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)

06/26/2009

174 

MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter, RE-SETTING BRIEFING SCHEDULE AND HEARING DATE ON CLASS CERTIFICATION MOTION: Court hereby ORDERS that Defendants shall file an Opposition, if any, to the Motion by Monday, June 29, 2009, no later than 6:00 p.m.. Plaintiff's Reply will be due no later than Monday, July 6, 2009. The hearing on the Motion will now be set for Monday, July 13, 2009, at 8:30 a.m. The Clerk shall serve this minute order on all parties to the action. (rla) (Entered: 06/26/2009)

06/29/2009

175 

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)

06/29/2009

176 

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)

06/29/2009

177 

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)

06/30/2009

178 

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)

07/08/2009

179 

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)

07/23/2009

180 

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)

07/23/2009

181 

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)

07/28/2009

182 

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)

07/31/2009

183 

NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's re Order on Motion to Compel, 179 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. (Attachments: # 1 Memo of Ps&As ISO Motion for Review, # 2 Suppl Decl of K Fukumura ISO Motion for Review, # 3 Exh A to K Fukumura Suppl Decl, # 4 Exh B to K Fukumura Suppl Decl, # 5 Exh C to K Fukumura Suppl Decl, # 6 Proposed Order, # 7 Certificate of Service)(Fukumura, Koji) (Entered: 07/31/2009)

08/03/2009

184 

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)

08/04/2009

185 

NOTICE of Manual Filing filed by Defendant Quest Software Inc of Ex Parte to Seal Documents. (Blair, Ryan) (Entered: 08/04/2009)

08/04/2009

186 

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)

08/04/2009

187 

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)

08/04/2009

188 

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)

08/04/2009

194 

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)

08/05/2009

189 

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)

08/05/2009

190 

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)

08/05/2009

195 

ORDER by Judge David O. Carter granting 194 Ex Parte Application to Seal (ade) (Entered: 08/07/2009)

08/05/2009

198 

SEALED DOCUMENT - DEFENDANTS' OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009)

08/05/2009

199 

SEALED DOCUMENT - EXHIBIT B to DECLARATION of RYAN E. BLAIR IN SUPPORT OF DEFENDANTS QUEST SOFTWARE, INC. AND MICHAEL J. LAMBERT'S OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009)

08/05/2009

200 

SEALED DOCUMENT - EXHIBIT C to DECLARATION of RYAN E. BLAIR in SUPPORT of DEFENDANTS QUEST SOFTWARE, INC. AND MICHAEL J. LAMBERT'S OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009)

08/05/2009

201 

SEALED DOCUMENT - EXHIBIT E to DECLARATION of RYAN E. BLAIR in SUPPORT of DEFENDANTS QUEST SOFTWARE, INC. AND MICHAEL J. LAMBERT'S OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009)

08/05/2009

202 

SEALED DOCUMENT - EXHIBIT F to DECLARATION of RYAN E. BLAIR in SUPPORT of DEFENDANTS QUEST SOFTWARE, INC. AND MICHAEL J. LAMBERT'S OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009)

08/05/2009

203 

SEALED DOCUMENT - EXHIBIT G to DECLARATION of RYAN E. BLAIR in SUPPORT of DEFENDANTS QUEST SOFTWARE, INC. AND MICHAEL J. LAMBERT'S OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009)

08/05/2009

204 

SEALED DOCUMENT - EXHIBIT H to DECLARATION of RYAN E. BLAIR in SUPPORT of DEFENDANTS QUEST SOFTWARE, INC. AND MICHAEL J. LAMBERT'S OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009)

08/05/2009

205 

SEALED DOCUMENT - EXHIBIT J to DECLARATION of RYAN E. BLAIR in SUPPORT of DEFENDANTS QUEST SOFTWARE, INC. AND MICHAEL J. LAMBERT'S OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (Attachments: # 1 PART 2)(rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009)

08/05/2009

206 

SEALED DOCUMENT - EXHIBIT M to DECLARATION of RYAN E. BLAIR in SUPPORT of DEFENDANTS QUEST SOFTWARE, INC. AND MICHAEL J. LAMBERT'S OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009)

08/05/2009

207 

SEALED DOCUMENT - EXHIBIT N to DECLARATION of RYAN E. BLAIR in SUPPORT of DEFENDANTS QUEST SOFTWARE, INC. AND MICHAEL J. LAMBERT'S OPPOSITION TO LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (rla) Modified on 10/8/2009 (rla). (Entered: 08/14/2009)

08/06/2009

191 

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)

08/06/2009

192 

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)

08/06/2009

193 

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)

08/07/2009

196 

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)

08/10/2009

197 

MINUTES (IN CHAMBERS) ORDER Denying Ex Parte Application by Judge David O. Carter 189 . (See Order for details) (db) (Entered: 08/11/2009)

08/14/2009

208 

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)

08/14/2009

209 

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)

08/14/2009

210 

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)

08/17/2009

211 

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)

08/17/2009

212 

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)

08/18/2009

213 

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)

08/18/2009

214 

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)

08/18/2009

215 

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)

08/18/2009

216 

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)

08/18/2009

217 

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)

08/18/2009

218 

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)

08/18/2009

219 

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)

08/18/2009

220 

REPLY in support of MOTION to Certify Class 150 (Redacted Public Version) filed by Plaintiff Middlesex Retirement System. (Green, Anthony) (Entered: 08/18/2009)

08/18/2009

221 

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)

08/18/2009

222 

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)

08/18/2009

223 

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)

08/18/2009

224 

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)

08/18/2009

225 

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)

08/18/2009

242 

SEALED DOCUMENT - REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (smi) (Entered: 08/28/2009)

08/18/2009

243 

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)

08/24/2009

226 

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)

08/25/2009

227 

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)

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)

08/25/2009

229 

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)

08/25/2009

230 

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)

08/26/2009

231 

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)

08/26/2009

232 

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)

08/26/2009

233 

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)

08/26/2009

234 

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)

08/26/2009

235 

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)

08/26/2009

236 

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)

08/26/2009

237 

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)

08/26/2009

238 

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)

08/26/2009

239 

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)

08/26/2009

240 

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)

08/26/2009

241 

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)

08/26/2009

244 

SEALED DOCUMENT - PLAINTIFF'S OPPOSITION TO DEFENDANTS' EX PARTE SEEKING PERMISSION TO FILE SURREPLY BRIEF OPPOSING CLASS CERTIFICATION (smi) (Entered: 08/28/2009)

08/26/2009

245 

SEALED DOCUMENT - DECLARATION OF THOMAS F GIBSON IN OPPOSITION TO DEFENDANTS' EX PARTE SEEKING PERMISSION TO FILE SURREPLY BRIEF OPPOSING CLASS CERTIFICATION (smi) (Entered: 08/28/2009)

08/26/2009

246 

SEALED DOCUMENT - EXHIBIT A 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 (smi) (Entered: 08/28/2009)

08/26/2009

247 

ORDER by Judge David O. Carter: granting Ex Parte Application to Seal 237 . (lwag) (Entered: 08/28/2009)

08/27/2009

248 

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)

09/08/2009

249 

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)

09/08/2009

253 

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)

09/18/2009

250 

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)

09/22/2009

251 

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)

09/23/2009

252 

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)

10/07/2009

254 

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)

10/07/2009

255 

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)

10/08/2009

256 

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)

10/08/2009

257 

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)

10/08/2009

258 

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)

10/15/2009

259 

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)

10/19/2009

260 

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)

10/21/2009

261 

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)

11/19/2009

262 

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)

11/19/2009

263 

NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Proposed Settlement of Class Action filed by Plaintiff Middlesex Retirement System. Motion set for hearing on 12/7/2009 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Declaration of Marian P. Rosner in Support of Motion for Entry of Order Preliminarily Approving Settlement of Class Action and Establishing Notice Procedures, # 2 Exhibit Memorandum of Points & Authorities In Support of Motion for Entry of Order Preliminarily Approving Settlement of Class Action and Establishing Notice Procedures, # 3 Proposed Order Preliminarily Approving Settlement of Class Action and Establishing Notice Procedures)(Avery, Patricia) (Entered: 11/19/2009)

11/19/2009

264 

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)

12/01/2009

265 

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)

12/07/2009

266 

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)

12/07/2009

267 

ORDER Preliminarily Approving Settlement of Class Action and Establishing Notice Procedures by Judge David O. Carter. (mt) (Entered: 12/07/2009)

12/30/2009

268 

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)

01/04/2010

269 

NOTICE OF FILING TRANSCRIPT filed for proceedings 12/7/2009 10:39 AM (Cuneo, Patricia) (Entered: 01/04/2010)

02/25/2010

270 

NOTICE OF MOTION AND MOTION for Order for Approval of Bar Order filed by Defendant Michael J Lambert, Quest Software Inc. Motion set for hearing on 3/15/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum, # 2 Proposed Order, # 3 Certificate of Service)(Fukumura, Koji) (Entered: 02/25/2010)

02/26/2010

271 

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)

03/08/2010

272 

NOTICE OF MOTION AND 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 filed by Plaintiff Middlesex Retirement System. Motion set for hearing on 3/15/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order Proposed Order and Final Judgment)(Avery, Patricia) (Entered: 03/08/2010)

03/08/2010

273 

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)

03/08/2010

274 

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)

03/08/2010

275 

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)

03/08/2010

276 

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)

03/08/2010

277 

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)

03/08/2010

278 

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)

03/10/2010

279 

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)

03/11/2010

280 

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)

03/25/2010

281 

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)

04/01/2010

282 

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)

04/02/2010

283 

ORDER RE-SCHEDULING HEARING ON: (a) MOTION FOR FINAL APPROVAL OF (1) CLASS ACTION SETTLEMENT AND (2) PLAN OF ALLOCATION; APPLICATION FOR AWARD OF ATTORNEYS' FEES, REIMBURSEMENT OF EXPENSES; AND APPLICATION BY LEAD PLAINTIFF FOR REIMBURSEMENT OF TIME AND EXPENSES; and (b) DEFENDANTS MOTION FOR APPROVAL OF BAR ORDER by Judge David O. Carter. The Hearing on Plaintiffs Motion for Final Approval of Settlement and Defendants Motion for Approval of Bar Order be rescheduled for April 26, 2010, at 8:30 a.m. (db) (Entered: 04/06/2010)

04/26/2010

284 

ORDER Granting Defendants' Motion for Approval of Bar Order by Judge David O. Carter 270 . (db) (Entered: 04/27/2010)

04/26/2010

285 

ORDER and Final Judgment by Judge David O. Carter. (See Order for details) (Made JS-6. Case Terminated.) (db) (Entered: 04/27/2010)

04/26/2010

286 

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: 04/27/2010)

04/29/2010

287 

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: 04/30/2010)