CLOSED, ECF, LEAD

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:07-cv-10528-RWS

Blackmoss Investments Inc. v. ACA Capital Holdings, Inc. et al
Assigned to: Judge Robert W. Sweet
Member case:

1:08-cv-00253-RWS

Related Case:

1:08-cv-00253-RWS

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

Date Filed: 11/21/2007
Date Terminated: 01/15/2010
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

Lead Plaintiff
Guido Bergamini	represented by	Mario Alba , Jr Coughlin Stoia Geller Rudman & Robbins, LLP (LI) 58 South Service Road Suite 200 Melville , NY 11747 631-367-7100 Fax: 631-367-1173 Email: malba@csgrr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel Howard Rudman Coughlin Stoia Geller Rudman & Robbins, LLP (LI) 58 South Service Road Suite 200 Melville , NY 11747 (631) 367-7100 Fax: (631) 367-1173 Email: srudman@csgrr.com ATTORNEY TO BE NOTICED
Plaintiff
Blackmoss Investments Inc. individually and on behalf of all others similarly situated	represented by	Samuel Howard Rudman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Consolidated Plaintiff
Andrew F. Rose	represented by	Catherine A. Torell Cohen Milstein Sellers & Toll P.L.L.C. 150 East 52nd Street 30th Floor New York , NY 10022 212-838-7797 Fax: 212-838-7745 Email: ctorell@cmht.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Lynda J. Grant Cohen Milstein Sellers & Toll P.L.L.C. 150 East 52nd Street 30th Floor New York , NY 10022 212-907-0700 Fax: 212-883-7057 Email: lgrant@cmht.com LEAD ATTORNEY ATTORNEY TO BE NOTICED S. Douglas Bunch Cohen, Milstein, Hausfeld, & Toll, P.L.L.C. 1100 New York Avenue, N.W. Suite 500 West Tower Washington , DC 20005 (202) 408-4600 Fax: (202) 408-4699 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven Jeffrey Toll Cohen Milstein Sellers & Toll PLLC (DC) 1100 New York Avenue, N.W. Suite 500, West Tower Washington , DC 20005 (202) 408-4600 Fax: (202) 408-4699 Email: stoll@cohenmilstein.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
V.
Defendant
ACA Capital Holdings, Inc.	represented by	Douglas H. Flaum Fried, Frank, Harris, Shriver & Jacobson One New York Plaza New York , NY 10004 212-859-8259 Fax: 212-859-4000 Email: FlaumDo@ffhsj.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephanie J. Goldstein Fried, Frank, Harris, Shriver & Jacobson One New York Plaza New York , NY 10004 212-859-8254 Fax: 212-859-4000 Email: GoldsSt@ffhsj.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Alan S. Roseman	represented by	Douglas H. Flaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephanie J. Goldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Individual Investor Group	represented by	Catherine A. Torell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
11/21/2007	1	COMPLAINT against ACA Capital Holdings, Inc., Alan S. Roseman. (Filing Fee $ 350.00, Receipt Number 634199)Document filed by Blackmoss Investments Inc..(mbe) (Entered: 12/03/2007)
11/21/2007		SUMMONS ISSUED as to ACA Capital Holdings, Inc., Alan S. Roseman. (mbe) (Entered: 12/03/2007)
11/21/2007		Magistrate Judge Ronald L. Ellis is so designated. (mbe) (Entered: 12/03/2007)
11/21/2007		Case Designated ECF. (mbe) (Entered: 12/03/2007)
11/21/2007	2	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blackmoss Investments Inc..(mbe) (Entered: 12/03/2007)
12/04/2007	3	AFFIDAVIT OF SERVICE. Alan S. Roseman served on 11/28/2007, answer due 12/18/2007. Service was accepted by Alan Roseman. Document filed by Blackmoss Investments Inc.. (Rosenfeld, David) (Entered: 12/04/2007)
12/04/2007	4	AFFIDAVIT OF SERVICE. ACA Capital Holdings, Inc. served on 11/29/2007, answer due 12/19/2007. Service was accepted by Stacy Tyson, Person Authorized to Accept Service. Document filed by Blackmoss Investments Inc.. (Rosenfeld, David) (Entered: 12/04/2007)
01/22/2008	5	MOTION to Appoint Individual Investor Group to serve as lead plaintiff(s) Motion of the Individual Investor Group for Appointment as Lead Plaintiff, Appointment of Lead Counsel, and Consolidation of Related Actions. Document filed by Individual Investor Group.(Torell, Catherine) (Entered: 01/22/2008)
01/22/2008	6	MEMORANDUM OF LAW in Support re: 5 MOTION to Appoint Individual Investor Group to serve as lead plaintiff(s) Motion of the Individual Investor Group for Appointment as Lead Plaintiff, Appointment of Lead Counsel, and Consolidation of Related Actions. MOTION to Appoint Individual Investor Group to serve as lead plaintiff(s) Motion of the Individual Investor Group for Appointment as Lead Plaintiff, Appointment of Lead Counsel, and Consolidation of Related Actions.. Document filed by Individual Investor Group. (Torell, Catherine) (Entered: 01/22/2008)
01/22/2008	7	DECLARATION of Catherine A. Torell in Support re: 5 MOTION to Appoint Individual Investor Group to serve as lead plaintiff(s) Motion of the Individual Investor Group for Appointment as Lead Plaintiff, Appointment of Lead Counsel, and Consolidation of Related Actions. MOTION to Appoint Individual Investor Group to serve as lead plaintiff(s) Motion of the Individual Investor Group for Appointment as Lead Plaintiff, Appointment of Lead Counsel, and Consolidation of Related Actions.. Document filed by Individual Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Torell, Catherine) (Entered: 01/22/2008)
01/22/2008	8	MOTION to Appoint Guido Bergamini to serve as lead plaintiff(s). Document filed by Guido Bergamini. (Attachments: # 1 Text of Proposed Order)(Alba, Mario) (Entered: 01/22/2008)
01/22/2008	9	MEMORANDUM OF LAW in Support re: 8 MOTION to Appoint Guido Bergamini to serve as lead plaintiff(s).. Document filed by Guido Bergamini. (Alba, Mario) (Entered: 01/22/2008)
01/22/2008	10	DECLARATION of Mario Alba Jr. in Support re: 8 MOTION to Appoint Guido Bergamini to serve as lead plaintiff(s).. Document filed by Guido Bergamini. (Attachments: # 1 Exhibit A - notice, # 2 Exhibit B - loss chart, # 3 Exhibit C - certification, # 4 Exhibit D - CSGRR firm resume, # 5 Exhibit E - AFT firm resume)(Alba, Mario) (Entered: 01/22/2008)
01/28/2008	11	ORDER: The motion for appointment of lead plaintiff and selection of lead counsel filed by Guido Bergamini dated 1/22/08 shall be heard at noon on Wednesday, March 19, 2008, in courtroom 18C. Set Deadlines/Hearing as to 8 MOTION to Appoint Guido Bergamini to serve as lead plaintiff(s):( Motion Hearing set for 3/19/2008 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/28/08) (tro) (Entered: 01/29/2008)
02/01/2008	12	ORDER, the motion for consolidation, appointment, of lead plaintiff, and selection of lead counsel filed by the "Individual Investor Group" dated 1/22/08 shall be heard at noon on Wednesday, 3/19/08, in courtroom 18C. ( Oral Argument set for 3/19/2008 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/31/08) (cd) (Entered: 02/01/2008)
02/08/2008	13	MEMORANDUM OF LAW in Opposition re: 5 MOTION to Appoint Individual Investor Group to serve as lead plaintiff(s) Motion of the Individual Investor Group for Appointment as Lead Plaintiff, Appointment of Lead Counsel, and Consolidation of Related Actions. MOTION to Appoint Individual Investor Group to serve as lead plaintiff(s) Motion of the Individual Investor Group for Appointment as Lead Plaintiff, Appointment of Lead Counsel, and Consolidation of Related Actions.. Document filed by Guido Bergamini. (Alba, Mario) (Entered: 02/08/2008)
02/08/2008	14	RESPONSE to Motion re: 8 MOTION to Appoint Guido Bergamini to serve as lead plaintiff(s). Response to the Competing Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. Document filed by Individual Investor Group. (Torell, Catherine) (Entered: 02/08/2008)
08/11/2008	15	ORDER: The motion for consolidation, appointment as lead plaintiff, and for approval of selection of lead counsel is granted. (Signed by Judge Robert W. Sweet on 8/6/2008) (jpo) (Entered: 08/11/2008)
09/09/2008	16	STIPULATION EXTENDING TIME TO ANSWER, MOVE OR OTHERWISE RESPOND: It is hereby stipulated by and between the parties that the Amended Complaint shall be filed within sixty (60) days after the Court has so ordered this Stipulation and it has been entered on the docket. Defendants' time to answer, move against or otherwise respond to the Amended Complaint shall be extended until the sixtieth (60) day after the Amended Complaint is filed, (ii) in the event a motion to dismiss is filed, any memorandum in opposition to such motion to dismiss shall be filed within sixty (60) days of the filing of the motion to dismiss, and (iii) any reply memorandum in support of the motion to dismiss shall be filed within forty-five (45) days of the filing of any memorandum in opposition to the motion to dismiss. (Signed by Judge Robert W. Sweet on 9/8/2008) Filed In Associated Cases: 1:07-cv-10528-RWS, 1:08-cv-00253-RWS(jpo) Modified on 9/22/2008 (jpo). (Entered: 09/09/2008)
09/12/2008	17	PRETRIAL ORDER, Regarding procedures to be followed that shall govern the handling of this pretrial order. Pretrial Conference set for 10/22/2008 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 9/12/08) Filed In Associated Cases: 1:07-cv-10528-RWS, 1:08-cv-00253-RWS(mme) (Entered: 09/12/2008)
11/13/2008	18	STIPULATION AND ORDER EXTENDING TIME TO FILE AMENDED COMPLAINT AND RESPONSE;Lead Plaintiff shall file its amended complaint by no later than November 14,2008.Defendants shall have until January 13,2009 to move, answer or otherwise respond to the amended complaint, Lead Plaintiff shall have until March 16, 2009 to oppose any motion and Defendants shall have until April 30, 2009 to file a reply. IT IS SO ORDERED. (Signed by Judge Robert W. Sweet on 11/10/2008) (tve) (Entered: 11/13/2008)
11/13/2008	19	STIPULATION AND ORDER EXTENDING TIME TO FILE AMENDED COMPLAINT AND RESPONSE: (1) Lead Plaintiff shall file its amended complaint by no later than November 14,2008. (2) Defendants shall have until January 13,2009 to move, answer or otherwise respond to the amended complaint, Lead Plaintiff shall have until March 16, 2009 to oppose any motion and Defendants shall have until April 30, 2009 to file a reply.(Amended Pleadings due by 11/14/2008. Motions due by 1/13/2009. Replies due by 4/30/2009. Responses due by 3/16/2009) (Signed by Judge Robert W. Sweet on 11/10/08) (db) (Entered: 11/13/2008)
11/14/2008	20	CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS amending 1 Complaint against ACA Capital Holdings, Inc., Alan S. Roseman.Document filed by Guido Bergamini. Related document: 1 Complaint filed by Blackmoss Investments Inc.(dle) (Entered: 11/18/2008)
12/02/2008	21	NOTICE of Errata re: 20 Amended Complaint,. Document filed by Guido Bergamini. (Attachments: # 1 Exhibit A (Corrected Consolidated Amended Class Action Complaint for Violations of Federal Securities Laws))(Taylor, Philip) (Entered: 12/02/2008)
12/02/2008	22	CERTIFICATE OF SERVICE of Notice of Errata served on Defendants on 12/02/2008. Service was made by Mail. Document filed by Guido Bergamini. (Taylor, Philip) (Entered: 12/02/2008)
01/14/2009	23	STIPULATION EXTENDING TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND: Defendants shall answer, move, or otherwise respond to the consolidated amended complaint by no later than 1/27/09. Lead Plaintiff shall have until 3/30/09 to oppose any motion and Defendant shall have until 5/14/09 to file a reply. (Signed by Judge Robert W. Sweet on 1/14/09) (tro) (Entered: 01/14/2009)
01/14/2009	24	PRETRIAL ORDER: Counsel are directed to appear for a Pretrial Conference set for 4/15/2009 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 1/14/09) (tro) (Entered: 01/14/2009)
01/16/2009	25	NOTICE OF APPEARANCE by Douglas H. Flaum on behalf of ACA Capital Holdings, Inc., Alan S. Roseman (Flaum, Douglas) (Entered: 01/16/2009)
01/16/2009	26	NOTICE OF APPEARANCE by Stephanie J. Goldstein on behalf of ACA Capital Holdings, Inc., Alan S. Roseman (Goldstein, Stephanie) (Entered: 01/16/2009)
01/27/2009	27	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ACA Capital Holdings, Inc..(Goldstein, Stephanie) (Entered: 01/27/2009)
01/27/2009	28	MOTION to Dismiss the Corrected Consolidated Amended Class Action Complaint. Document filed by ACA Capital Holdings, Inc., Alan S. Roseman. Return Date set for 5/20/2009 at 12:00 PM.(Goldstein, Stephanie) (Entered: 01/27/2009)
01/27/2009	29	DECLARATION of Stephanie J. Goldstein in Support re: 28 MOTION to Dismiss the Corrected Consolidated Amended Class Action Complaint.. Document filed by ACA Capital Holdings, Inc., Alan S. Roseman. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit B-4, # 6 Exhibit B-5, # 7 Exhibit C, # 8 Exhibit D-1, # 9 Exhibit D-2, # 10 Exhibit D-3, # 11 Exhibit D-4, # 12 Exhibit E, # 13 Exhibit F, # 14 Exhibit G, # 15 Exhibit H, # 16 Exhibit I, # 17 Exhibit J)(Goldstein, Stephanie) (Entered: 01/27/2009)
01/27/2009	30	MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss the Corrected Consolidated Amended Class Action Complaint.. Document filed by ACA Capital Holdings, Inc., Alan S. Roseman. (Flaum, Douglas) (Entered: 01/27/2009)
01/29/2009	31	ORDER The motion to dismiss filed by defendants ACA Capital Holdings, Inc. and Alan S. Roseman on January 27, 2009, will be heard at noon on Wednesday, May 20, 2009, in courtroom 18C. All motion papers shall be served in accordance with the Court's Order dated January 14, 2009. (Signed by Judge Robert W. Sweet on 1/29/09) (mme) (Entered: 01/30/2009)
03/31/2009	32	STIPULATION AND ORDER EXTENDING TIME TO FILE OPPOSITION TO MOTION TO DISMISS AND RELATED BRIEFING: Lead Plaintiff shall file its opposition by no later than 4/13/09. Defendants shall have until 5/29/09 to file a reply. Oral argument will be scheduled at the Court's convenience. (Signed by Judge Robert W. Sweet on 3/30/09) (dle) (Entered: 04/01/2009)
04/13/2009	33	MEMORANDUM OF LAW in Opposition re: 28 MOTION to Dismiss the Corrected Consolidated Amended Class Action Complaint.. Document filed by Guido Bergamini. (Rudman, Samuel) (Entered: 04/13/2009)
05/29/2009	34	REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss the Corrected Consolidated Amended Class Action Complaint.. Document filed by ACA Capital Holdings, Inc., Alan S. Roseman. (Flaum, Douglas) (Entered: 05/29/2009)
06/16/2009	35	TRANSCRIPT of proceedings held on 6/3/09 before Judge Robert W. Sweet. (ldi) (Entered: 06/16/2009)
01/14/2010	36	MEMORANDUM AND OPINION,#98455 that upon the facts and conclusions set forth above, Defendants' motion is granted and the Complaint is dismissed with prejudice. (Signed by Judge Robert W. Sweet on 1/12/10) (pl) Modified on 1/19/2010 (ajc). (Entered: 01/14/2010)
01/14/2010		Transmission to Judgments and Orders Clerk. Transmitted re: 36 Memorandum & Opinion, to the Judgments and Orders Clerk. (pl) (Entered: 01/14/2010)
01/15/2010	37	CLERK'S JUDGMENT hat for the reasons stated in the Court's Opinion dated January 12, 2010, defendants' motion is granted, and the complaint is dismissed with prejudice. (Signed by J. Michael McMahon, clerk on 1/15/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:07-cv-10528-RWS, 1:08-cv-00253-RWS(ml) (Entered: 01/15/2010)