US District Court Civil Docket as of
10/28/2010
Retrieved from the court on October
27, 2010
U.S. District Court
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Cause:
15:78m(a) Securities Exchange Act |
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Lead
Plaintiff |
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State
Teachers Retirement System of Ohio
|
represented by |
A.
Arnold Gershon |
|
Plaintiff
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Life
Enrichment Foundation
|
represented by |
David
Avi Rosenfeld |
|
Plaintiff
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Life
Enrichment Foundation
|
represented by |
David
Avi Rosenfeld |
|
Plaintiff
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Alan
Maltzman |
represented by |
Lynn
Lincoln Sarko |
|
Plaintiff
|
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Carl
Esposito |
represented by |
Lynn
Lincoln Sarko |
|
Plaintiff
|
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Barbara
Boland |
represented by |
Lynn
Lincoln Sarko |
|
Plaintiff
|
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Louisiana
Sheriffs' Pension and Relief Fund
|
represented by |
Mark
Lebovitch |
|
Plaintiff
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Louisiana
Municipal Police Employees' Retirement System |
represented by |
Mark
Lebovitch |
|
Plaintiff
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National
Electrical Contractors Association - International Brotherhood of
Electrical Workers
|
represented by |
Mark
Lebovitch |
|
Plaintiff
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Iron
Workers Locals 40, 361, 417 Union Security Funds |
represented by |
Mark
Lebovitch |
|
Plaintiff
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Iron
Workers Local 580 Joint Funds
|
represented by |
Mark
Lebovitch |
|
Plaintiff
|
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City
of Pontiac Police and Fire Retirement System |
represented by |
Mark
Lebovitch |
|
Plaintiff
|
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City
of Pontiac General Employees Retirement System |
represented by |
Mark
Lebovitch |
|
Plaintiff
|
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Mary
Gidaro |
represented by |
Lynn
Lincoln Sarko |
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Consolidated
Plaintiff |
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Michael
J. Savena |
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Consolidated
Plaintiff |
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Gary
Kosseff |
represented by |
Aviah
Cohen-Pierson |
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Consolidated
Plaintiff |
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Robert
R. Garber |
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Consolidated
Plaintiff |
||
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Patricia
Arthur |
represented by |
David
A.P. Brower |
|
Consolidated
Plaintiff |
||
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Miriam
Loveman |
represented by |
David
A.P. Brower |
|
Consolidated
Plaintiff |
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Operative
Plasterers & Cement Masons Local 262 Pension and Annuity Funds |
represented by |
Richard
B. Brualdi |
|
Consolidated
Plaintiff |
||
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Elizabeth
Estey |
represented by |
Edward
W. Ciolko |
|
Consolidated
Plaintiff |
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Tara
Moore |
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Consolidated
Plaintiff |
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Sean
Shaughnessey
|
represented by |
Robert
A. Izard |
|
Consolidated
Plaintiff |
||
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Francis
Lee Summers, III
|
represented by |
Jill
Sharyn Abrams |
|
Consolidated
Plaintiff |
||
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James
Eastman |
represented by |
Lori
Gwen Feldman |
|
Consolidated
Plaintiff |
||
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Dominick
J. Pascullo |
represented by |
Thomas
James McKenna |
|
Consolidated
Plaintiff |
||
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Raymond
Gonzales |
represented by |
Thomas
James McKenna |
|
Consolidated
Plaintiff |
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Eidman
David |
represented by |
Eidman
David |
|
Consolidated
Plaintiff |
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N.A.
Lambrecht |
represented by |
Jonathan
Watson Cuneo |
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|
Defendant
|
||
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Merrill
Lynch & Co., Inc.
|
represented by |
Jay
B. Kasner |
|
Defendant
|
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Stanley
O'Neal |
represented by |
Michael
Joseph Chepiga |
|
Defendant
|
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Ahmass
L. Fakahany |
represented by |
James
N. Benedict |
|
Defendant
|
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Gregory
J. Fleming |
represented by |
Jonathan
D Polkes |
|
Defendant
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Jeffrey
N. Edwards |
represented by |
Antonio
Yanez , Jr |
|
Defendant
|
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Merrill
Lynch Capital Trust II
|
represented by |
Jay
B. Kasner |
|
Defendant
|
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Armando
M. Codina |
represented by |
Dennis
J. Block |
|
Defendant
|
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E.
Stanley O'Neal
|
represented by |
Michael
Joseph Chepiga |
|
Defendant
|
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Ahmass
L. Fakahany |
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|
Defendant
|
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Gregory
J. Fleming |
represented by |
Jonathan
D Polkes |
|
Defendant
|
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Jeffrey
N. Edwards |
represented by |
Richard
D. Bernstein |
|
Defendant
|
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Carol
T. Christ |
represented by |
Julie
A North |
|
Defendant
|
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Virgis
W. Colbert |
represented by |
Julie
A North |
|
Defendant
|
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Alberto
Cribiore |
represented by |
Julie
A North |
|
Defendant
|
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John
D. Finnegan |
represented by |
Julie
A North |
|
Defendant
|
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Judith
Mayhew Jonas
|
represented by |
Julie
A North |
|
Defendant
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Joseph
W. Prueher |
represented by |
Julie
A North |
|
Defendant
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Ann
N. Reese |
represented by |
Julie
A North |
|
Defendant
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Aulana
L. Peters |
represented by |
Julie
A North |
|
Defendant
|
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Charles
O. Rossotti |
represented by |
Julie
A North |
|
Defendant
|
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Peter
Stingi |
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|
Defendant
|
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John
and Jane Doe 1
|
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|
Defendant
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John
and Jane Does 2-10
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|
Defendant
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John
and Jane Does 11-20
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Defendant
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Bank
of America Corporation
|
represented by |
Eric
M. Roth |
|
Defendant
|
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Morgan
Stanley & Co. Incorporated
|
represented by |
Mark
Holland |
|
Defendant
|
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A.G.
Edwards & Sons, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
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ANZ
Securities, Inc
|
represented by |
Mark
Holland |
|
Defendant
|
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B.C.
Ziegler and Company
|
represented by |
Mark
Holland |
|
Defendant
|
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Banc
of America |
represented by |
Mark
Holland |
|
Defendant
|
||
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Banc
of America Securites, LLC
|
represented by |
Mark
Holland |
|
Defendant
|
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|
Countrywide
Securities Corporation
|
represented by |
Mark
Holland |
|
Defendant
|
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Barclays
Capital Inc |
represented by |
Mark
Holland |
|
Defendant
|
||
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BB&T
Capital Markets, a division of Scott & Stringfellow, Inc. |
represented by |
Mark
Holland |
|
Defendant
|
||
|
BBVA
Securities, Inc
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Blaylock
& Company, Inc
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Blaylock
Robert Van, LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
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BMO
Capital Markets Corp.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
BMY
Capital Markets, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Cabrera
Capital Markets, LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
CastleOak
Securities L.P
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Charles
Schwab & Co., Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
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CIBC
World Markets Corp.
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Citigroup
Global Capital Markets Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Citigroup
Global Capital Markets Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
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D.A.
Davidson & Co.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Davenport
& Company LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Deutsche
Bank Securities Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Doley
Securities, LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Ferris,
Baker Watts, Incorporated
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Fidelity
Capital Markets a division of National Financial Services Corp. |
represented by |
Mark
Holland |
|
Defendant
|
||
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Fifth
Third Securities, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Fixed
Income Securities, LP
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Fixed
Income Securities, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Fortis
Securities LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
FTN
Financial Securities Corp.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Goldman,
Sachs & Co.
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Greenwich
Capital Markets, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
H&R
Block Financial Advisors, Inc
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
HSBC
Securities |
represented by |
Mark
Holland |
|
Defendant
|
||
|
HSBC
Securities |
represented by |
Mark
Holland |
|
Defendant
|
||
|
HVB
Capital Markets, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
J.B.
Hanauer & Co.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
J.J.B.
Hilliard, W.L. Lyons, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
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J.P.
Morgan Chase
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
J.P.
Morgan Securities
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Jackson
Securities LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Janney
Montgomery Scott LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Jeffries
& Company, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
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KBC
Financial Products USA, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
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Keefe,
Bruyette & Woods, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
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KeyBanc
Capital Markets Inc
|
represented by |
Mark
Holland |
|
Defendant
|
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|
Loop
Capital Markets
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Mellon
Financial Markets, LLC
|
represented by |
Mark
Holland |
|
Defendant
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Mesirow
Financial, Inc
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Mizuho
Securities USA Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Morgan
Keegan & Company, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Morgan
Stanley & Co. Incorporated
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Muriel
Seibert & Co., Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
nabCapital
Securities, LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
NatCity
Investments, Inc
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Natixis
Bleichroeder Inc
|
represented by |
Mark
Holland |
|
Defendant
|
||
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Oppenheimer
& Co., Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Pershing
LLC |
represented by |
Mark
Holland |
|
Defendant
|
||
|
Piper
Jaffray & Co.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
PNC
Capital Markets LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Raymond
James & Associates, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
RBC
Capital Markets Corporation
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
RBC
Dain Rauscher Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
RBS
Greenwich Capital
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Robert
W. Baird & Co. Incorporated
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Samuel
A. Ramirez & Co. Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Santander
Investment Securities Inc
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Sterne
Agee Capital Markets, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Stifel,
Nicolaus & Company, Incorporated |
represented by |
Mark
Holland |
|
Defendant
|
||
|
Stone
& Youngberg LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Stringfellow,
Inc |
represented by |
Mark
Holland |
|
Defendant
|
||
|
Suntrust
Capital Markets, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
SunTrust
Robinson Humphrey, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
TD
Ameritrade, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
The
Williams Capital Group, L.P.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Toussaint
Capital Partners, LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
U.S.
Bancorp Investments, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
UBS
Securities LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Unicredit
Capital Markets, Inc
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Utendahl
Capital Partners, L.P.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Vining-Sparks
IBG, Limited Partnership
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Wachovia
Capital Markets, LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Wachovia
Securities, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Wedbush
Morgan Securities Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Wells
Fargo Securities, LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
William
Blair & Company, LLC
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
Zions
Direct, Inc.
|
represented by |
Mark
Holland |
|
Defendant
|
||
|
John
A. Thain |
represented by |
Andrew
J. Levander |
|
Defendant
|
||
|
Heinz-Joachim
Neuburger |
||
|
Defendant
|
||
|
Walter
E. Massey |
||
|
Defendant
|
||
|
William
Barnet, III |
||
|
Defendant
|
||
|
Frank
P. Bramble, Sr.
|
||
|
Defendant
|
||
|
John
T. Collins |
||
|
Defendant
|
||
|
Gary
L. Countryman
|
||
|
Defendant
|
||
|
Charles
K. Gifford |
||
|
Defendant
|
||
|
Kenneth
D. Lewis |
||
|
Defendant
|
||
|
Monica
C. Lozano |
||
|
Defendant
|
||
|
Thomas
J. May |
||
|
Defendant
|
||
|
Thomas
M. Ryan |
||
|
|
||
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Consolidated
Defendant |
||
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Merrill
Lynch Capital Trust I
|
represented by |
Jay
B. Kasner |
|
Consolidated
Defendant |
||
|
Merrill
Lynch Capital Trust III
|
represented by |
Jay
B. Kasner |
|
Consolidated
Defendant |
||
|
Lawrence
A. Tosi |
||
|
Consolidated
Defendant |
||
|
Carol
T. Christ |
represented by |
Dennis
J. Block |
|
Consolidated
Defendant |
||
|
Virgis
W. Colbert |
represented by |
Dennis
J. Block |
|
Consolidated
Defendant |
||
|
Jill
K. Conway |
||
|
Consolidated
Defendant |
||
|
Alberto
Cribiore |
represented by |
Dennis
J. Block |
|
Consolidated
Defendant |
||
|
John
D. Finnegan |
represented by |
Dennis
J. Block |
|
Consolidated
Defendant |
||
|
Judith
Mayhew Jonas
|
represented by |
Dennis
J. Block |
|
Consolidated
Defendant |
||
|
David
K. Newbigging
|
||
|
Consolidated
Defendant |
||
|
Aulana
Peters |
||
|
Consolidated
Defendant |
||
|
Joseph
W. Prueher |
represented by |
Dennis
J. Block |
|
Consolidated
Defendant |
||
|
Ann
N. Reese |
represented by |
Dennis
J. Block |
|
Consolidated
Defendant |
||
|
Charles
O. Rossotti |
represented by |
Dennis
J. Block |
|
Consolidated
Defendant |
||
|
Merrill
Lynch, Pierce, Fenner & Smith Incorporated |
represented by |
Jay
B. Kasner |
|
Consolidated
Defendant |
||
|
Citigroup
Global Markets Inc.
|
represented by |
Mark
Holland |
|
Consolidated
Defendant |
||
|
UBS
Securities LLC
|
represented by |
Mark
Holland |
|
Consolidated
Defendant |
||
|
Wachovia
Capital Markets, LLC
|
represented by |
Mark
Holland |
|
Consolidated
Defendant |
||
|
Deloitte
& Touche LLP
|
represented by |
Brad
Scott Karp |
|
Consolidated
Defendant |
||
|
Merrill
Lynch & Co., Inc. Plan Investment Committee |
||
|
Consolidated
Defendant |
||
|
Merrill
Lynch & Co., Inc. Plan Adminstrative Committee |
||
|
Consolidated
Defendant |
||
|
Merrill
Lynch & Co., Inc. Management Development and Compensation Committee |
||
|
Consolidated
Defendant |
||
|
Louis
Dimaria |
||
|
Consolidated
Defendant |
||
|
John
Does 1-10 |
||
|
Consolidated
Defendant |
||
|
Investment
Committee of the Merrill Lynch Savings and Investment Plan |
||
|
Consolidated
Defendant |
||
|
Adminstrative
Committee of the Merrill Lynch Savings and Investment Plan |
||
|
Consolidated
Defendant |
||
|
John
Does 1-30 |
||
|
Consolidated
Defendant |
||
|
Administrative
Committee of the Merrill Lynch Co., Inc. 401 K Saving and Investment Plan |
||
|
Consolidated
Defendant |
||
|
John
Does 1-20 |
||
|
Consolidated
Defendant |
||
|
John
Does 21-40 |
||
|
Consolidated
Defendant |
||
|
Administrative
Committee Defendants
|
represented by |
Stuart
Jay Baskin |
|
Consolidated
Defendant |
||
|
Investment
Committee Defendants
|
represented by |
Stuart
Jay Baskin |
|
Consolidated
Defendant |
||
|
Senior
Vice President, Human Resources Defendants |
represented by |
Stuart
Jay Baskin |
|
Movant
|
||
|
Frankfurt
Trust |
represented by |
Christopher
J. Keller |
|
Movant
|
||
|
James
Conn |
represented by |
Marc
Ian Gross |
|
Movant
|
||
|
Mary
Gidaro |
represented by |
David
Steven Preminger |
|
Movant
|
||
|
Carl
Esposito |
represented by |
Bruce
F. Rinaldi |
|
Movant
|
||
|
Barbara
Boland |
represented by |
Bruce
F. Rinaldi |
|
Movant
|
||
|
Anna
Molin |
represented by |
Bruce
F. Rinaldi |
|
Movant
|
||
|
Gregory
Yashgur |
represented by |
Edwin
J. Mills |
|
Movant
|
||
|
Christine
Donlon |
||
|
Movant
|
||
|
Jjonathan
Lee Riches |
||
|
Interested
Party |
||
|
Dominick
J. Pascullo |
||
|
Interested
Party |
||
|
James
Eastman |
||
|
|
||
|
All
Plaintiffs |
||
|
Mary
Gidaro |
represented by |
Mary
Gidaro |
|
Date
Filed |
# |
Docket
Text |
|
10/30/2007 |
COMPLAINT
against Merrill Lynch & Co., Inc., Stanley O'Neal, Ahmass L. Fakahany,
Gregory J. Fleming, Jeffrey N. Edwards. (Filing Fee $ 350.00, Receipt
Number 631472)Document filed by Life Enrichment Foundation(individually),
Life Enrichment Foundation(on behalf of all others similarly
situated).(laq) Additional attachment(s) added on 11/1/2007 (Becerra,
Maribel). (Entered: 10/31/2007) |
|
|
10/30/2007 |
|
SUMMONS
ISSUED as to Merrill Lynch & Co., Inc., Stanley O'Neal, Ahmass L.
Fakahany, Gregory J. Fleming, Jeffrey N. Edwards. (laq) (Entered:
10/31/2007) |
|
10/30/2007 |
2 |
RULE
7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by
Life Enrichment Foundation(individually), Life Enrichment Foundation(on
behalf of all others similarly situated).(laq) (Entered: 10/31/2007) |
|
10/30/2007 |
|
Magistrate
Judge Douglas F. Eaton is so designated. (laq) (Entered: 10/31/2007) |
|
10/30/2007 |
|
Case
Designated ECF. (laq) (Entered: 10/31/2007) |
|
12/13/2007 |
ENDORSED
LETTER addressed to Judge Leonard B. Sand from Jay B. Kasner dated 12/12/07
re: Merrill Lynch requests that all defendants' time to move, answer or
otherwise respond to the complaints be adjourned until further order of the
Court. ENDORSEMENT: GRANTED. So Ordered. (Signed by Judge Leonard B. Sand
on 12/13/07) (js) (Entered: 12/13/2007) |
|
|
12/31/2007 |
MOTION
For Consolidation, Appointment as Lead Plaintiff, and Approval of Selection
of Lead Counsel. Document filed by Frankfurt Trust.(Keller, Christopher)
(Entered: 12/31/2007) |
|
|
12/31/2007 |
MEMORANDUM
OF LAW in Support re: 4 MOTION For
Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of
Lead Counsel.. Document filed by Frankfurt Trust. (Keller, Christopher)
(Entered: 12/31/2007) |
|
|
12/31/2007 |
DECLARATION
of Alan I. Ellman in Support re: 4 MOTION For
Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of
Lead Counsel.. Document filed by Frankfurt Trust. (Attachments: # 1 Exhibit A -
Certification, # 2
Exhibit B - Loss Analysis, # 3 Exhibit C -
Class Notice, # 4
Exhibit D - Labaton Sucharow LLP Firm Resume)(Keller, Christopher)
(Entered: 12/31/2007) |
|
|
12/31/2007 |
CERTIFICATE
OF SERVICE. Document filed by Frankfurt Trust. (Keller, Christopher)
(Entered: 12/31/2007) |
|
|
12/31/2007 |
MOTION
to Appoint James Conn to serve as lead plaintiff(s) James Conn's Motion
for Appointment as Lead Plaintiff for the First Republic Merger Class.
Document filed by James Conn.(Gross, Marc) (Entered: 12/31/2007) |
|
|
12/31/2007 |
MEMORANDUM
OF LAW in Support re: 8 MOTION to
Appoint James Conn to serve as lead plaintiff(s) James Conn's Motion for
Appointment as Lead Plaintiff for the First Republic Merger Class..
Document filed by James Conn. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Gross, Marc) (Entered: 12/31/2007) |
|
|
12/31/2007 |
CERTIFICATE
OF SERVICE of Motion, Memorandum of Law, and Proposed Order served on
plaintiffs on December 31, 2007. Service was accepted by ECF and Mail.
Service was made by ECF and Mail. Document filed by James Conn.
(Attachments: # 1
Text of Proposed Order proposed order)(Gross, Marc) (Entered: 12/31/2007) |
|
|
01/02/2008 |
MOTION
to Appoint State Teachers Retirement System of Ohio to serve as lead
plaintiff(s) , consolidation, and approval of lead plaintiffs choice of
co-lead counsel. Document filed by State Teachers Retirement System of
Ohio.(Kaplan, Robert) (Entered: 01/02/2008) |
|
|
01/02/2008 |
MEMORANDUM
OF LAW in Support re: 11 MOTION to
Appoint State Teachers Retirement System of Ohio to serve as lead
plaintiff(s) , consolidation, and approval of lead plaintiffs choice of
co-lead counsel.. Document filed by State Teachers Retirement System of
Ohio. (Kaplan, Robert) (Entered: 01/02/2008) |
|
|
01/02/2008 |
DECLARATION
of Robert N. Kaplan in Support re: 11 MOTION to
Appoint State Teachers Retirement System of Ohio to serve as lead
plaintiff(s) , consolidation, and approval of lead plaintiffs choice of
co-lead counsel.. Document filed by State Teachers Retirement System of
Ohio. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Part
1), # 8
Exhibit G (Part 2), # 9 Exhibit G (Part
3))(Kaplan, Robert) (Entered: 01/02/2008) |
|
|
01/04/2008 |
NOTICE
of Appearance of Robert N. Kaplan, Esq., Frederic S. Fox, Esq., Joel B.
Strauss, Esq., Donald R. Hall, Esq., Jeffrey P. Campisi, Esq., and Aviah
Cohen Pierson, Esq. of the law firm of Kaplan Fox & Kilsheimer LLP.
Document filed by State Teachers Retirement System of Ohio. (Kaplan,
Robert) (Entered: 01/04/2008) |
|
|
01/10/2008 |
NOTICE
OF APPEARANCE by Frederic Scott Fox, Sr on behalf of State Teachers
Retirement System of Ohio (Fox, Frederic) (Entered: 01/10/2008) |
|
|
01/10/2008 |
NOTICE
OF APPEARANCE by Joel B. Strauss on behalf of State Teachers Retirement
System of Ohio (Strauss, Joel) (Entered: 01/10/2008) |
|
|
01/10/2008 |
NOTICE
OF APPEARANCE by Donald R. Hall, Jr on behalf of State Teachers Retirement
System of Ohio (Hall, Donald) (Entered: 01/10/2008) |
|
|
01/10/2008 |
NOTICE
OF APPEARANCE by Jeffrey Philip Campisi on behalf of State Teachers
Retirement System of Ohio (Campisi, Jeffrey) (Entered: 01/10/2008) |
|
|
01/11/2008 |
NOTICE
OF APPEARANCE by Merrill G Davidoff on behalf of State Teachers Retirement
System of Ohio (Davidoff, Merrill) (Entered: 01/11/2008) |
|
|
01/15/2008 |
NOTICE
of Frankfurt-Trust's Withdrawal Without Prejudice of Its Motion For
Consolidation, Appointment As Lead Plaintiff And Approval Of Selection Of
Counsel re: 4
MOTION For Consolidation, Appointment as Lead Plaintiff, and Approval of
Selection of Lead Counsel.. Document filed by Frankfurt Trust. (Keller,
Christopher) (Entered: 01/15/2008) |
|
|
01/15/2008 |
CERTIFICATE
OF SERVICE. Document filed by Frankfurt Trust. (Keller, Christopher)
(Entered: 01/15/2008) |
|
|
01/18/2008 |
MEMORANDUM
OF LAW in Support re: 8 MOTION to
Appoint James Conn to serve as lead plaintiff(s) James Conn's Motion for
Appointment as Lead Plaintiff for the First Republic Merger Class. and
in Opposition to Opposing Motions for Lead Plaintiff. Document filed by
James Conn. (Attachments: # 1 Affidavit
/Declaration of Kenneth Kotz)(Qian, Fei-Lu) (Entered: 01/18/2008) |
|
|
01/18/2008 |
CERTIFICATE
OF SERVICE of Memorandum of Law and Declaration served on all parties on
January 18, 2008. Service was made by mail and ECF. Document filed by James
Conn. (Qian, Fei-Lu) (Entered: 01/18/2008) |
|
|
01/18/2008 |
REPLY
MEMORANDUM OF LAW in Support re: 11 MOTION to
Appoint State Teachers Retirement System of Ohio to serve as lead
plaintiff(s) , consolidation, and approval of lead plaintiffs choice of
co-lead counsel. and in Opposition to James Conns Motion for
Appointment as Lead Plaintiff for the First Republic Merger Class and
Approval of Lead Counsel. Document filed by State Teachers Retirement
System of Ohio. (Kaplan, Robert) (Entered: 01/18/2008) |
|
|
01/18/2008 |
REPLY
AFFIDAVIT of Robert N Kaplan in Support re: 11 MOTION to
Appoint State Teachers Retirement System of Ohio to serve as lead
plaintiff(s) , consolidation, and approval of lead plaintiffs choice of
co-lead counsel.. Document filed by State Teachers Retirement System of
Ohio. (Kaplan, Robert) (Entered: 01/18/2008) |
|
|
01/30/2008 |
NOTICE
of Withdrawal of Counsel of Record. Document filed by State Teachers
Retirement System of Ohio. (Reilly, Karen) (Entered: 01/30/2008) |
|
|
01/31/2008 |
REPLY
MEMORANDUM OF LAW in Support re: 8 MOTION to
Appoint James Conn to serve as lead plaintiff(s) James Conn's Motion for
Appointment as Lead Plaintiff for the First Republic Merger Class. and
in opposition to opposing motions for lead plaintiff. Document filed by
James Conn. (Attachments: # 1 Affidavit
/Certificate of Service)(Qian, Fei-Lu) (Entered: 01/31/2008) |
|
|
01/31/2008 |
REPLY
MEMORANDUM OF LAW in Support re: 11 MOTION to
Appoint State Teachers Retirement System of Ohio to serve as lead
plaintiff(s) , consolidation, and approval of lead plaintiffs choice of
co-lead counsel.. Document filed by State Teachers Retirement System of
Ohio. (Kaplan, Robert) (Entered: 01/31/2008) |
|
|
02/08/2008 |
MOTION
for Lawrence J. Lederer, Arthur M. Stock and Lane L. Vines to Appear Pro
Hac Vice. Document filed by State Teachers Retirement System of Ohio.(tro)
(Entered: 02/20/2008) |
|
|
02/19/2008 |
NOTICE
OF APPEARANCE by A. Arnold Gershon on behalf of State Teachers Retirement System
of Ohio (Gershon, A.) (Entered: 02/19/2008) |
|
|
02/19/2008 |
NOTICE
OF APPEARANCE by Regina Marie Calcaterra on behalf of State Teachers
Retirement System of Ohio (Calcaterra, Regina) (Entered: 02/19/2008) |
|
|
02/19/2008 |
DECLARATION
of Regina M. Calcaterra in Support re: 11 MOTION to
Appoint State Teachers Retirement System of Ohio to serve as lead
plaintiff(s) , consolidation, and approval of lead plaintiffs choice of
co-lead counsel.. Document filed by State Teachers Retirement System of
Ohio. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Calcaterra, Regina) (Entered: 02/19/2008) |
|
|
02/21/2008 |
MOTION
for M. Richard Komins to Appear Pro Hac Vice. Document filed by State
Teachers Retirement System of Ohio.(jmi) (Entered: 02/26/2008) |
|
|
02/25/2008 |
ORDER
FOR ADMISSION PRO HAC VICE granting 32 Motion for
Lawrence J. Lederer, Arthur M. Stock and Lane L. Vines to Appear Pro Hac
Vice. Lawrence J. Lederer, Arthur M. Stock and Lane L. Vines are admitted
pro hac vice as counsel for Ohio STRS in the above-captioned case. (Signed
by Judge Leonard B. Sand on 2/25/08) (tro) (Entered: 02/25/2008) |
|
|
02/25/2008 |
|
Transmission
to Attorney Admissions Clerk. Transmitted re: 33 Order on
Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for
updating of Attorney Information. (tro) (Entered: 02/25/2008) |
|
02/25/2008 |
|
CASHIERS
OFFICE REMARK on 33
Order on Motion to Appear Pro Hac Vice, in the amount of $75.00, paid on
02/08/2008, Receipt Number 640932. (jd) (Entered: 02/25/2008) |
|
02/26/2008 |
|
CASHIERS
OFFICE REMARK on 34
Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 02/21/2008,
Receipt Number 642728. (jd) (Entered: 02/26/2008) |
|
02/27/2008 |
ORDER
FOR ADMISSION PRO HAC VICE 34 Motion for M.
Richard Komins and Jeffrey A. Barrack to Appear Pro Hac Vice. M. Richard
Komins and Jeffrey A Barrack, are admitted to practice pro hac vice as
counsel for proposed lead plaintiff State Teachers' Retirement System of
Ohio in the above-captioned case. (Signed by Judge Leonard B. Sand on
2/27/08) (tro) (Entered: 02/28/2008) |
|
|
02/27/2008 |
|
Transmission
to Attorney Admissions Clerk. Transmitted re: 35 Order on
Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for
updating of Attorney Information. (tro) (Entered: 02/28/2008) |
|
03/10/2008 |
NOTICE
OF APPEARANCE by Aviah Cohen-Pierson on behalf of State Teachers Retirement
System of Ohio (Cohen-Pierson, Aviah) (Entered: 03/10/2008) |
|
|
03/12/2008 |
ORDER
REGARDING: (1) CONSOLIDATION OF SECURITIES ACTIONS, APPOINTMENT OF LEAD
PLAINTIFF AND APPROVAL LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL; (2)
CONSOLIDATION OF DERIVATIVE ACTIONS AND APPOINTMENT OF PLAINTIFFS'
EXECUTIVE COMMITTEE AND LIAISON COUNSEL; (3)CONSOLIDATION OF ERISA ACTIONS
AND APPOINTMENT OF INTERIM CO-LEAD COUNSEL; AND (4)SCHEDULING OF THE FILING
OF CONSOLIDATED AMENDED COMPLAINTS IN EACH OF THE ACTIONS AND RESPONSES
THERETO: It is hereby ordered that Pursuant to F.R.C.P. 42(a) and Section
21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C.
78u-4(a)(3)(B)(ii), the Securities Actions are consolidated into the docket
number 07cv9633 for all purposes including, but not limited to, discovery,
pretrial proceedings and trial. Pursuant to Section 21D(a)(3)(B) of the
Exchange Act, 15 U.S.C. 78u-4(a)(3), Ohio STRS is appointed Lead Plaintiff
in the Securities Action for the proposed class of persons and entities who
purchased or otherwise acquired Merrill Lynch securities. Ohio STRS' choice
of co-lead counsel is approved. Accordingly, the law firms of Kaplan Fox
& Kilsheimer LLP, Berger & Montague, P.C. and Barrack Rodos &
Bacine are appointed co-Lead Counsel for the Securities Action. Pursuant to
F.R.C.P. 42(a), the Derivative Actions are consolidated into the docket
number 07cv9696 for all purposes including but not limited to discovery, pretrial
proceedings and trial. The Court appoints Brower Piven, A Professional
Corporation, Johnson Bottini LLP and Saxena White LLP as Plaintiffs'
Executive Committee in the Derivative Action, and appoints Brower Piven as
Plaintiffs' Liaison Counsel in the Derivative Action. Pursuant to F.R.C.P.
42(a), the ERISA Actions are consolidated into the docket number 07cv10268
for all purposes including but not limited to discovery, pretrial
proceeding and trial. Pursuant to F.R.C.P. 23(g)(2)(A) for the ERISA Action,
the Court appoints the law firms of Keller Rohrback L.L.P. and Cohen,
Milstein, Hausfeld & Toll, P.L.L.C. as interim co-lead counsel to act
on behalf of the putative class. The docket in 07cv9633 shall constitute
the Master Docket for the Securities Action, Derivative Action and ERISA
Action. A copy of this Order shall be placed in all dockets identified
herein. The Clerk of the Court is directed to close each of those dockets,
other than the dockets in the Securities Action 07cv9633, Derivative Action
07cv9696 and ERISA Action, 07cv10268. Lead Plaintiff in the Securities
Action, Plaintiff's Executive Committee in the Derivative Action and
Interim Co-Lead Counsel in the ERISA Action shall each file a separate
Consolidated Amended Complaint no later than April 21, 2008. Defendants in
each of the Securities Action, 07cv9633, Derivative Action, 07cv9696 and
ERISA 07cv10268, shall have to and including June 20, 2008 to answer, move
or otherwise respond to each Consolidated Amended Complaints. In the event
that defendants file motions to dismiss the Consolidated Complaint in one
or more Securities Action, 07cv9633, Derivative Actions 07cv9696 and/or
ERISA 07cv10268, applicable, shall serve any opposition to such motions no
later July 21, 2008. Defendants shall serve any reply papers in further
support of any such motions to dismiss no later than August 19, 2008.
(Signed by Judge Leonard B. Sand on 3/12/2008) Filed In Associated Cases:
1:07-cv-09633-LBS et al.(jpo) (Entered: 03/13/2008) |
|
|
04/07/2008 |
CERTIFIED
TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... that
pursuant to 28 U.S.C. 1407, the action(s) listed... and pending... be, and
the same hereby are, transferred to the Southern District of New York and,
with consent of that court, assigned to the Honorable Leonard B. Sand, for
coordinated or consolidated pretrial proceedings with the actions pending
in that district... (Signed by MDL Panel on 4/7/08) (laq) (laq). (Entered:
04/17/2008) |
|
|
04/07/2008 |
|
CONSOLIDATED
MDL CASE: Create association to 1:08-md-01933-LBS. (laq) (Entered:
04/17/2008) |
|
04/10/2008 |
ORDER
MOTIFYING SCHEDULING OF THE FILING OF CONSOLIDATED AMENDED COMPLAINTS AND
RESPONSES THERETO; That Lead plaintiff in the Securities Action, Plaintiff
Executive Committee in the Derivative Action and Interim Co-Lead Counsel in
the ERISA Action shall each file a separate Consolidated Amended Complaint
no later than 5/21/08. Defendants in each of the Securities Action,
07cv9633 (LBS)(AJP)(DFE), Derivative Action, 07cv9696 (LBS)(AJP)(DFE)
and/or ERISA Action, 07cv10268 (LBS)(AJP)(DFE), shall have to and including
7/21/08 to answer, move or otherwise respond to each of the Consolidated
Amended Complaints. In the event that defendants file motions to dismiss
the Consolidated Amended Complaint in one or move of the Securities Action,
07cv9633 (LBS)(AJP)(DFE), Derivative Action, 07cv9696(LBS)(AJP)(DFE) and/or
ERISA Action, 07cv10268 (LBS)(AJP)(DFE), Lead Plaintiff in the Securities
Action, Plaintiffs Executive Committee in the Derivative Action and Interim
Co-Lead Counsel in the ERISA Action, as applicable, shall serve any
opposition to such motions no later than 8/20/08. Defendants shall serve
any reply papers in further support of any such motions to dismiss no later
than 9/18/08. (Signed by Judge Leonard B. Sand on 4/9/08) Filed In
Associated Cases: 1:07-cv-09633-LBS, 1:07-cv-09696-LBS,
1:07-cv-10268-LBS(pl) (Entered: 04/10/2008) |
|
|
05/12/2008 |
ORDER:
The Court directs that counsel for Merrill Lynch and plaintiff brief to
this court the question whether it is appropriate for the Court now to
consider the aforementioned motion to remand. Any other party wishing to
express its views on this issue is of course free to do so. All such
submissions shall be filed by 6/12/08. (Signed by Judge Leonard B. Sand on
5/12/08) (db) (Entered: 05/12/2008) |
|
|
05/20/2008 |
NOTICE
OF CHANGE OF ADDRESS by Sara Esther Fuks on behalf of James Eastman. New
Address: Milberg LLP, One Pennsylvania Plaza, New York, NY, USA 10119-0165,
(212) 594-5300. (Attachments: # 1 Certificate of
Service)Filed In Associated Cases: 1:07-cv-09633-LBS et al.(Fuks, Sara)
(Entered: 05/20/2008) |
|
|
05/21/2008 |
AMENDED
COMPLAINT amending 1
Complaint, against Merrill Lynch & Co., Inc., Stanley O'Neal, Ahmass L.
Fakahany, Gregory J. Fleming, Merrill Lynch Capital Trust I, Merrill Lynch
Capital Trust II, Jeffrey N. Edwards, Merrill Lynch Capital Trust III,
Lawrence A. Tosi, Carol T. Christ, Armando M. Codina, Virgis W. Colbert,
Jill K. Conway, Alberto Cribiore, John D. Finnegan, Judith Mayhew Jonas,
David K. Newbigging, Aulana Peters, Joseph W. Prueher, Charles O. Rossotti,
Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global
Markets Inc., UBS Securities LLC, Wachovia Capital Markets, LLC, Deloitte
& Touche LLP, Merrill Lynch & Co., Inc. Plan Investment Committee,
Merrill Lynch & Co., Inc. Plan Adminstrative Committee, Merrill Lynch
& Co., Inc. Management Development and Compensation Committee, Louis
Dimaria, John Does 1-10, Investment Committee of the Merrill Lynch Savings
and Investment Plan, Adminstrative Committee of the Merrill Lynch Savings
and Investment Plan, John Does 1-30, Administrative Committee of the
Merrill Lynch Co., Inc. 401 K Saving and Investment Plan, John Does 1-20,
John Does 21-40.Document filed by Gary Kosseff, State Teachers Retirement
System of Ohio. Related document: 1 Complaint,
filed by Life Enrichment Foundation.(dle) Modified on 6/18/2008 (dle).
(Entered: 05/22/2008) |
|
|
05/21/2008 |
CONSOLIDATED
AMENDED COMPLAINT FOR VIOLATIONS OF THE EMPLOYEE RETIREMENT INCOME SECURITY
ACT against Merrill Lynch & Co., Inc., Stanley O'Neal, Senior Vice
President, Human Resources Defendants, Peter Stingi, Administrative
Committee Defendants, Louis DiMaria, Investment Committee Defendants.
Document filed by Alan Maltzman, Mary Gidaro, Carl Esposito, Barbara
Boland.(dle) (Additional attachment(s) added on 5/22/2008: # 1 part 2, # 2 part 3) (dle).
Modified on 5/28/2008 (dle). (Entered: 05/22/2008) |
|
|
05/21/2008 |
VERIFIED
CONSOLIDATED AND AMENDED SHAREHOLDERS' DERIVATIVE COMPLAINT against Merrill
Lynch & Co., Inc., Stanley O'Neal, Ahmass L. Fakahany, Gregory J.
Fleming, Jeffrey N. Edwards, Carol T. Christ, Armando M. Codina, Virgis W.
Colbert, Alberto Cribiore, John D. Finnegan, Judith Mayhew Jonas, Joseph W.
Prueher, Ann N. Reese, Charles O. Rossotti.Document filed by Patricia
Arthur, Miriam Loveman, Operative Plasterers & Cement Masons Local 262
Pension and Annuity Funds.(dle) (Additional attachment(s) added on
5/22/2008: # 1
Exhibit, # 2
Exhibit, # 3
amended complaint) (dle). (Entered: 05/22/2008) |
|
|
05/23/2008 |
CERTIFICATE
OF SERVICE of Consolidated Amended Complaint served on E. Stanley O'Neal,
Carol T. Christ, Armando M. Codina, Virgis W. Colbert, Jill K. Conway,
Alberto Cribiore, John D. Finnegan, Judith Mayhew Jonas, David K.
Newbigging, Aulana L. Peters, Joseph W. Prueher, Ann N. Reese, Charles O.
Rossotti, Louis Dimaria, Peter Stingi, Sean Shaugnessey, Chritine Donlon,
Elizabeth Estey, Tara Moore, Mary Gidaro, Merrill Lynch & Co., Gregory
Yashgur, State Teachers Retirement System of Ohio, Life Enrichment
Foundation, Operative Plasterers & Cement Masons Local 262 Pension and
Annuity Funds, Francis Lee Summers, III, James Eastman, Dominick Pascullo,
Raymond Gonzales, Frankfurt Trust, James Conn, Patricia Arthur (Derivatively/Behalf
of Merrill Lynch), David Eidman (Derivatively/Behalf of Merrill Lynch),
Miriam Loveman (Derivatively/Behalf of Merrill Lynch), Gary Kosseff and
Diane Blass (Derivatively/Behalf of Merrill Lynch/Trustee-The Ray &
Virginier Intervivos Trust, Michael J. Savena and Robert Garber on
5/21/2008. Service was made by First-Class Mail. Document filed by Mary
Gidaro, Carl Esposito, Barbara Boland, Alan Maltzman. Filed In Associated
Cases: 1:07-cv-09633-LBS et al.(Grant, Lynda) (Entered: 05/23/2008) |
|
|
06/12/2008 |
FILING
ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION Ruling on Plaintiff
Eidman's Motion to Remand (MEMORANDUM OF LAW IN SUPPORT). Document filed by
Eidman David. (Attachments: # 1 Affidavit
Declaration of Edward Y. Kroub - Exhibits A-B, # 2 Affidavit
Declaration of Edward Y. Kroub Exhibits C-F)Filed In Associated Cases:
1:07-cv-09633-LBS et al.(Schwartz, Michael) Modified on 6/13/2008 (jar).
Modified on 6/13/2008 (jar). (Entered: 06/12/2008) |
|
|
06/13/2008 |
MEMORANDUM
OF LAW Requesting Ruling on Plaintiff Eidman's Motion to Remand.
Document filed by Eidman David. Filed In Associated Cases:
1:07-cv-09633-LBS et al.(Schwartz, Michael) (Entered: 06/13/2008) |
|
|
06/13/2008 |
|
***NOTE
TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney
Michael Schwartz to RE-FILE Documents 43 in 1:07-cv-10268-LBS, 22 in
1:07-cv-09837-LBS, 21 in 1:07-cv-11080-LBS, 13 in 1:07-cv-09696-LBS, 29 in
1:07-cv-11626-LBS, 46 in 1:07-cv-09633-LBS, 27 in 1:07-cv-10984-LBS MOTION
Ruling on Plaintiff Eidman's Motion to Remand. (1) Use the document type
Memorandum of Law in Support (non-motion) found under the document list
Other Answers. (2) Supporting Documents must be filed individually. Use
document type Declaration in Support (non-motion) found under Other Answers
Filed In Associated Cases: 1:07-cv-09633-LBS et al.(jar) (Entered:
06/13/2008) |
|
06/13/2008 |
DECLARATION
of Edward Y. Kroub in Support re: (47 in 1:07-cv-09633-LBS) Memorandum of
Law. Document filed by Eidman David. (Attachments: # 1 Affidavit
Declaration in Support of Plaintiff Eidman's Memorandum of Law Requesting
Ruling on Motion to Remand - Exhibits C-F)Filed In Associated Cases:
1:07-cv-09633-LBS et al.(Schwartz, Michael) (Entered: 06/13/2008) |
|
|
06/17/2008 |
NOTICE
OF APPEARANCE by Brad Scott Karp on behalf of Deloitte & Touche LLP
(Karp, Brad) Modified on 6/18/2008 (dle). (Entered: 06/17/2008) |
|
|
06/17/2008 |
NOTICE
OF APPEARANCE by Charles Edward Davidow on behalf of Deloitte & Touche
LLP (Davidow, Charles) Modified on 6/18/2008 (dle). (Entered: 06/17/2008) |
|
|
06/17/2008 |
RULE
7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by
Deloitte & Touche LLP.(Karp, Brad) Modified on 6/18/2008 (dle).
(Entered: 06/17/2008) |
|
|
07/17/2008 |
ENDORSED
LETTER addressed to Judge Leonard B. Sand from Jay Kasner dated 7/15/08 re:
Request permission to file a memorandum of law in support of the motion to
dismiss not to exceed 85 pages and as further set forth in this document.
ENDORSEMENT: Granted on consent. ( Reply due by 11/3/2008. Response due by
9/19/2008) (Signed by Judge Leonard B. Sand on 7/16/08) Filed In Associated
Cases: 1:07-cv-09633-LBS, 1:07-cv-09696-LBS, 1:07-cv-10268-LBS(cd)
(Entered: 07/17/2008) |
|
|
07/21/2008 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss the Consolidated Amended
Class Action Complaint and to Strike Certain Allegations. Document filed by
Merrill Lynch & Co., Inc., Merrill Lynch Capital Trust I, Merrill Lynch
Capital Trust II, Merrill Lynch Capital Trust III, Merrill Lynch, Pierce,
Fenner & Smith Incorporated. (Attachments: # 1 Consolidated
Amended Class Action Complaint)(Kasner, Jay) Modified on 7/22/2008 (KA).
(Entered: 07/21/2008) |
|
|
07/21/2008 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 53 MOTION to
Dismiss the Consolidated Amended Class Action Complaint and to Strike
Certain Allegations. Document filed by Merrill Lynch & Co., Inc.,
Merrill Lynch Capital Trust I, Merrill Lynch Capital Trust II, Merrill
Lynch Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith
Incorporated. (Kasner, Jay) Modified on 7/22/2008 (KA). (Entered: 07/21/2008) |
|
|
07/21/2008 |
DECLARATION
of Jay B. Kasner in Support re: (53 in 1:07-cv-09633-LBS) MOTION to Dismiss
the Consolidated Amended Class Action Complaint and to Strike Certain
Allegations.. Document filed by Merrill Lynch & Co., Inc., Merrill
Lynch Capital Trust I, Merrill Lynch Capital Trust II, Merrill Lynch
Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith Incorporated.
(Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D, # 5
Exhibit E, # 6
Exhibit F, # 7
Exhibit G, # 8
Exhibit H, # 9
Exhibit I, # 10
Exhibit J, # 11
Exhibit K, # 12
Exhibit L, # 13
Exhibit M, # 14
Exhibit N, # 15
Exhibit O, # 16
Exhibit P, # 17
Exhibit Q, # 18
Exhibit R, # 19
Exhibit S, # 20
Exhibit T, # 21
Exhibit U, # 22
Exhibit V, # 23
Exhibit W, # 24
Exhibit X, # 25
Exhibit Y, # 26
Exhibit Z, # 27
Exhibit AA, # 28
Exhibit BB, # 29
Exhibit CC, # 30
Exhibit DD, # 31
Exhibit EE, # 32
Exhibit FF, # 33
Exhibit GG, # 34
Exhibit HH, # 35
Exhibit II, # 36
Exhibit JJ, # 37
Exhibit KK, # 38
Exhibit LL, # 39
Exhibit MM, # 40
Exhibit NN, # 41
Exhibit OO, # 42
Exhibit PP, # 43
Exhibit QQ, # 44
Exhibit RR, # 45
Exhibit SS, # 46
Exhibit TT, # 47
Exhibit UU, # 48
Exhibit VV)Filed In Associated Cases: 1:07-cv-09633-LBS, 1:07-cv-09696-LBS,
1:07-cv-10268-LBS(Kasner, Jay) (Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
OF APPEARANCE by Stuart Jay Baskin on behalf of Administrative Committee
Defendants, Investment Committee Defendants, Senior Vice President, Human
Resources Defendants Filed In Associated Cases: 1:07-cv-09633-LBS,
1:07-cv-10268-LBS(Baskin, Stuart) (Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
of of Compendium of Unreported Decisions and Other Authorities Cited in the
Memorandum of Law of Defendants Merrill Lynch & Co., Inc., Merrill
Lynch Capital Trust I, Merrill Lynch Capital Trust II, Merrill Lynch
Capital Trust III and Merrill Lynch, Pierce, Fenner & Smith
Incorporated in Support of Their Motion to Dismiss the Consolidated Amended
Class Action Complaint and to Strike Certain Allegations re: 53 MOTION to
Dismiss the Consolidated Amended Class Action Complaint and to Strike
Certain Allegations.. Document filed by Merrill Lynch & Co., Inc.,
Merrill Lynch Capital Trust I, Merrill Lynch Capital Trust II, Merrill
Lynch Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith
Incorporated. (Attachments: # 1 Tab 1, # 2 Tab 2, # 3 Tab 3, # 4 Tab 4, # 5 Tab 5, # 6 Tab 6, # 7 Tab 7, # 8 Tab 8, # 9 Tab 9, # 10 Tab 10, # 11 Tab 11, # 12 Tab 12, # 13 Tab 13, # 14 Tab 14, # 15 Tab 15, # 16 Tab 16, # 17 Tab 17, # 18 Tab 18, # 19 Tab 19, # 20 Tab 20, # 21 Tab 21, # 22 Tab 22, # 23 Tab 23, # 24 Tab 24, # 25 Tab 25, # 26 Tab 26, # 27 Tab 27, # 28 Tab 28, # 29 Tab 29, # 30 Tab 30, # 31 Tab 31, # 32 Tab
32)(Kasner, Jay) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MOTION
to Dismiss the Consolidated Amended Class Action Complaint. Document
filed by Stanley O'Neal.(Chepiga, Michael) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MEMORANDUM
OF LAW in Support re: 58 MOTION to
Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Stanley O'Neal. (Chepiga, Michael) (Entered: 07/21/2008) |
|
|
07/21/2008 |
DECLARATION
of Jay B. Kasner in Support re: (53 in 1:07-cv-09633-LBS) MOTION to Dismiss
the Consolidated Amended Class Action Complaint and to Strike Certain
Allegations.. Document filed by Merrill Lynch & Co., Inc., Merrill
Lynch Capital Trust I, Merrill Lynch Capital Trust II, Merrill Lynch
Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith Incorporated.
(Attachments: # 1
Corrected Exhibit HH)Filed In Associated Cases: 1:07-cv-09633-LBS,
1:07-cv-09696-LBS, 1:07-cv-10268-LBS(Kasner, Jay) (Entered: 07/21/2008) |
|
|
07/21/2008 |
RULE
7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Merrill Lynch & Co., Inc.
as Corporate Parent. Document filed by Merrill Lynch & Co., Inc.,
Merrill Lynch, Pierce, Fenner & Smith Incorporated.(Kasner, Jay)
(Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
OF APPEARANCE by Mei Lin Kwan-Gett on behalf of Jeffrey N. Edwards (Kwan-Gett,
Mei Lin) (Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
OF APPEARANCE by Dennis J. Block on behalf of Carol T. Christ, Armando D.
Codina, Vergis W. Colbert, Alberto Cribiore, John D. Finnegan, Judtih
Mayhem Jonas, Joseph W. Prueher, Ann N. Resse, Charles O. Rossotti Filed In
Associated Cases: 1:07-cv-09633-LBS, 1:07-cv-09696-LBS(Block, Dennis)
(Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
OF APPEARANCE by Gregory Arthur Markel on behalf of Carol T. Christ,
Armando D. Codina, Vergis W. Colbert, Alberto Cribiore, John D. Finnegan,
Judtih Mayhem Jonas, Joseph W. Prueher, Ann N. Resse, Charles O. Rossotti
Filed In Associated Cases: 1:07-cv-09633-LBS, 1:07-cv-09696-LBS(Markel,
Gregory) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MOTION
to Dismiss The Consolidated Amended Class Action Complaint. Document
filed by Jeffrey N. Edwards.(Kwan-Gett, Mei Lin) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MEMORANDUM
OF LAW in Support re: 65 MOTION to
Dismiss The Consolidated Amended Class Action Complaint.. Document filed
by Jeffrey N. Edwards. (Kwan-Gett, Mei Lin) (Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
OF APPEARANCE by Jason Michael Halper on behalf of Carol T. Christ, Armando
D. Codina, Vergis W. Colbert, Alberto Cribiore, John D. Finnegan, Judtih
Mayhem Jonas, Joseph W. Prueher, Ann N. Resse, Charles O. Rossotti Filed In
Associated Cases: 1:07-cv-09633-LBS, 1:07-cv-09696-LBS(Halper, Jason)
(Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
OF APPEARANCE by Michael Richard Young on behalf of Jeffrey N. Edwards
(Young, Michael) (Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
OF APPEARANCE by James N. Benedict on behalf of Ahmass L. Fakahany (Benedict,
James) (Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
OF APPEARANCE by George S. Canellos on behalf of Ahmass L. Fakahany
(Canellos, George) (Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
OF APPEARANCE by Andrew Walker Robertson on behalf of Ahmass L. Fakahany
(Robertson, Andrew) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MOTION
to Dismiss. Document filed by Stanley O'Neal, Ahmass L. Fakahany, Gregory
J. Fleming, Jeffrey N. Edwards, Carol T. Christ, Armando M. Codina, Virgis
W. Colbert, Alberto Cribiore, John D. Finnegan, Judith Mayhew Jonas, Joseph
W. Prueher, Ann N. Reese, Charles O. Rossotti, Armando D. Codina, Vergis W.
Colbert, Judtih Mayhem Jonas, Ann N. Resse, E. Stanley O'Neal.
(Attachments: # 1
Verified Consolidated and Amended Shareholders Derivative Complaint- Part
1, # 2
Verified Consolidated and Amended Shareholders Derivative Complaint- Part
2, # 3
Verified Consolidated and Amended Shareholders Derivative Complaint- Part
3, # 4
Verified Consolidated and Amended Shareholders Derivative Complaint- Part
4)Filed In Associated Cases: 1:07-cv-09633-LBS, 1:07-cv-09696-LBS(Block,
Dennis) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MEMORANDUM
OF LAW in Support re: (24 in 1:07-cv-09696-LBS) MOTION to Dismiss., (22 in
1:07-cv-09696-LBS) MOTION to Dismiss the Verified Consolidated and
Amended Shareholders' Derivative Complaint Pursuant to Rule 23.1..
Document filed by Stanley O'Neal, Ahmass L. Fakahany, Gregory J. Fleming,
Jeffrey N. Edwards, Carol T. Christ, Armando M. Codina, Virgis W. Colbert,
Alberto Cribiore, John D. Finnegan, Judith Mayhew Jonas, Joseph W. Prueher,
Ann N. Reese, Charles O. Rossotti, Armando D. Codina, Vergis W. Colbert,
Judtih Mayhem Jonas, Ann N. Resse, Merrill Lynch & Co., Inc., E.
Stanley O'Neal. Filed In Associated Cases: 1:07-cv-09633-LBS,
1:07-cv-09696-LBS(Block, Dennis) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MOTION
to Dismiss the Consolidated Amended Class Action Complaint. Document
filed by Ahmass L. Fakahany.(Benedict, James) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MEMORANDUM
OF LAW in Support re: 74 MOTION to
Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Ahmass L. Fakahany. (Benedict, James) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MOTION
to Dismiss the Consolidated Amended Complaint. Document filed by
Merrill Lynch & Co., Inc., Administrative Committee Defendants,
Investment Committee Defendants, Senior Vice President, Human Resources
Defendants, E. Stanley O'Neal. (Attachments: # 1 Exhibit Part 1
of 3 - Consolidated Amended Complaint, # 2 Exhibit Part 2
of 3 - Consolidated Amended Complaint, # 3 Exhibit Part 3
of 3 - Consolidated Amended Complaint)Filed In Associated Cases:
1:07-cv-09633-LBS, 1:07-cv-10268-LBS(Baskin, Stuart) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MEMORANDUM
OF LAW in Support re: (76 in 1:07-cv-09633-LBS, 52 in 1:07-cv-10268-LBS)
MOTION to Dismiss the Consolidated Amended Complaint.. Document
filed by Merrill Lynch & Co., Inc., Administrative Committee
Defendants, Investment Committee Defendants, Senior Vice President, Human
Resources Defendants, E. Stanley O'Neal, Merrill Lynch & Co., Inc..
Filed In Associated Cases: 1:07-cv-09633-LBS, 1:07-cv-10268-LBS(Baskin,
Stuart) (Entered: 07/21/2008) |
|
|
07/21/2008 |
DECLARATION
of Stuart J. Baskin in Support re: (76 in 1:07-cv-09633-LBS, 52 in
1:07-cv-10268-LBS) MOTION to Dismiss the Consolidated Amended Complaint..
Document filed by Merrill Lynch & Co., Inc., Administrative Committee
Defendants, Investment Committee Defendants, Senior Vice President, Human
Resources Defendants, E. Stanley O'Neal. (Attachments: # 1 Exhibit A -
Part 1 of 3, # 2
Exhibit A - Part 2 of 3, # 3 Exhibit A -
Part 3 of 3, # 4
Exhibit B - Part 1 of 2, # 5 Exhibit B - Part
2 of 2, # 6
Exhibit C - Part 1 of 2, # 7 Exhibit C -
Part 2 of 2, # 8
Exhibit D, # 9
Exhibit E, # 10
Exhibit F - Part 1 of 2, # 11 Exhibit F -
Part 2 of 2, # 12
Exhibit G, # 13
Exhibit H, # 14
Exhibit I, # 15
Exhibit J, # 16
Exhibit K, # 17
Exhibit L, # 18
Exhibit M, # 19
Exhibit N)Filed In Associated Cases: 1:07-cv-09633-LBS,
1:07-cv-10268-LBS(Baskin, Stuart) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MOTION
to Dismiss the Consolidated Amended Class Action Complaint. Document
filed by Gregory J. Fleming. Responses due by 9/19/2008 (Attachments: # 1 Consolidated
Amended Class Action Complaint)(Allerhand, Joseph) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MEMORANDUM
OF LAW in Support re: 79 MOTION to
Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Gregory J. Fleming. (Allerhand, Joseph) (Entered: 07/21/2008) |
|
|
07/21/2008 |
CERTIFICATE
OF SERVICE of Notice of Motion to Dismiss the Consolidated Amended Class
Action Complaint and Memorandum of Law on 7/21/2008. Service was made by
FedEx. Document filed by Gregory J. Fleming. (Allerhand, Joseph) (Entered:
07/21/2008) |
|
|
07/21/2008 |
MOTION
to Dismiss the Consolidated Amended Class Action Complaint. Document
filed by Deloitte & Touche LLP.(Karp, Brad) (Entered: 07/21/2008) |
|
|
07/21/2008 |
MEMORANDUM
OF LAW in Support re: 82 MOTION to
Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Deloitte & Touche LLP. (Karp, Brad) (Entered: 07/21/2008) |
|
|
07/21/2008 |
NOTICE
of COMPENDIUM OF UNREPORTED DECISIONS CITED IN THE MEMORANDUM OF LAW IN SUPPORT
OF THE MOTION OF DEFENDANT JEFFREY N. EDWARDS TO DISMISS THE CONSOLIDATED
AMENDED CLASS ACTION COMPLAINT re: 66 Memorandum of
Law in Support of Motion. Document filed by Jeffrey N. Edwards.
(Attachments: # 1
Tab 1, # 2 Tab
2, # 3 Tab 3,
# 4 Tab 4, # 5 Tab
5)(Kwan-Gett, Mei Lin) (Entered: 07/21/2008) |
|
|
07/21/2008 |
DECLARATION
of CHARLES E. DAVIDOW, ESQ. in Support re: 82 MOTION to
Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Deloitte & Touche LLP. (Attachments: # 1 Exhibit A PART
1, # 2 Exhibit
A2 PART 1, # 3
Exhibit A2 PART 2, # 4 Exhibit A PART
3, # 5 Exhibit
A PART 4, # 6
Exhibit A PART 5, # 7
Exhibit A PART 6, # 8
Exhibit B PART 1, # 9
Exhibit B PART 2, # 10
Exhibit B PART 3, # 11
Exhibit B PART 4, # 12
Exhibit B PART 5, # 13
Exhibit B PART 6, # 14
Exhibit B7 PART 1, # 15 Exhibit B7
PART 2)(Davidow, Charles) (Entered: 07/21/2008) |
|
|
07/22/2008 |
|
***NOTE
TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to
Attorney Jay B. Kasner to RE-FILE Document 53 MOTION to
Dismiss the Consolidated Amended Class Action Complaint and to Strike
Certain Allegations. ERROR(S): Should have select Motion Dismiss and Motion
Strike to process document. P.S.: Example of how entry should appear
"MOTION to Dismiss the Consolidated Amended Complaint, MOTION to
Strike Certain Allegation. (KA) (Entered: 07/22/2008) |
|
07/22/2008 |
|
***NOTE
TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to
Attorney Jay B. Kasner to RE-FILE Document 54 Memorandum of
Law in Support of Motion. ERROR(S): Link to incorrect filing of document
#53. (KA) (Entered: 07/22/2008) |
|
07/22/2008 |
MOTION
to Dismiss the Consolidated Amended Class Action Complaint., MOTION
to Strike Certain Allegations. Document filed by Merrill Lynch &
Co., Inc., Merrill Lynch Capital Trust I, Merrill Lynch Capital Trust II,
Merrill Lynch Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith
Incorporated. (Attachments: # 1 Consolidated
Amended Class Action Complaint)(Kasner, Jay) (Entered: 07/22/2008) |
|
|
07/22/2008 |
MEMORANDUM
OF LAW in Support re: 86 MOTION to
Dismiss the Consolidated Amended Class Action Complaint. MOTION to
Strike Certain Allegations.. Document filed by Merrill Lynch &
Co., Inc., Merrill Lynch Capital Trust I, Merrill Lynch Capital Trust II,
Merrill Lynch Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith
Incorporated. (Kasner, Jay) (Entered: 07/22/2008) |
|
|
07/22/2008 |
MOTION
for Richard D. Bernstein to Appear Pro Hac Vicew. attch. affidavit in
support. Document filed by Jeffrey N. Edwards.(pl) (Entered: 07/24/2008) |
|
|
07/30/2008 |
NOTICE
OF APPEARANCE by Paul C. Curnin on behalf of Stanley O'Neal (Curnin, Paul)
(Entered: 07/30/2008) |
|
|
07/30/2008 |
NOTICE
OF APPEARANCE by Jason Simon Stone on behalf of Stanley O'Neal (Stone,
Jason) (Entered: 07/30/2008) |
|
|
07/30/2008 |
NOTICE
OF APPEARANCE by Sarah L. Dunn on behalf of Stanley O'Neal (Dunn, Sarah) (Entered:
07/30/2008) |
|
|
07/30/2008 |
ORDER
REGARDING ISSUANCE OF DOCUMENT PRESERVATION SUBPOENAS TO CERTAIN
NON-PARTIES: Lead Plaintiff in the Securities Action may serve document
preservation subpoenas on the entities, named herein, at this time, without
prejudice to Lead plaintiff's ability to seek Court approval to serve
document preservation subpoena additional non-parties at a later time and
without prejudice to defendants' ability to oppose such request. By cover
letter accompanying each subpoena, plaintiffs shall instruct each party to
which a preservation subpoena is issued that such party is not required and
should not produce documents to plaintiffs in response to the subpoena at
this time and that such party's obligation with respect to the subpoena is
limited to preserving documents reasonably responsive thereto. (Signed by Judge
Leonard B. Sand on 7/30/2008) (jpo) (Entered: 07/30/2008) |
|
|
08/05/2008 |
NOTICE
OF VOLUNTARY DISMISSAL: Lead Plaintiff State Teachers' Retirement System of
Ohio hereby voluntarily dismisses Citigroup Global Markets, Morgan Stanley
& Co., UBS Securities, and Wachovia Capital Services as defendants in
this litigation without prejudice in accordance with the agreement of the
parties and Rule 41(a)(1) of the FRCP. (Signed by Judge Leonard B. Sand on
8/5/08) (dle) (Entered: 08/05/2008) |
|
|
08/05/2008 |
NOTICE
OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules
of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give
notice that the above-captioned action is voluntarily dismissed without
prejudice against the defendant(s) Citigroup Global Markets Inc., Morgan
Stanley & Co., UBS Securities LLC, Wachovia Capital Markets, LLC.
(Signed by Judge Leonard B. Sand on 8/5/08) Filed In Associated Cases:
1:08-md-01933-LBS, 1:07-cv-09633-LBS(rjm) (Entered: 08/06/2008) |
|
|
08/08/2008 |
FILING
ERROR - DERIVATIVE ACTION - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule
41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s)
and or their counsel(s), hereby give notice that the above-captioned action
is voluntarily dismissed, without prejudice against the defendant(s) all
defendants. Document filed by Eidman David. Filed In Associated Cases:
1:07-cv-09633-LBS et al.(Kroub, Edward) Modified on 8/11/2008 (dt).
(Entered: 08/08/2008) |
|
|
08/08/2008 |
|
***REJECTION
OF VOLUNTARY DISMISSAL FILED IN DERIVATIVE ACTION. Note to Attorney: Edward
Kroub, Document 95
Notice of Voluntary Dismissal, was rejected by the Clerk's Office due to
the filing of the above voluntary dismissal in a Derivative Action. E-MAIL
the PDF for the Document to: judgments@nysd.uscourt.gov. (dt) (Entered:
08/11/2008) |
|
08/13/2008 |
ORDER
OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the
Clerk of Court for assignment to a Magistrate Judge for General Pretrial
(includes scheduling, discovery, non-dispositive pretrial motions, and
settlement). Referred to Magistrate Judge Douglas F. Eaton. (Signed by
Judge Leonard B. Sand on 8/13/08) Filed In Associated Cases:
1:07-cv-09633-LBS et al.(mme) (Entered: 08/13/2008) |
|
|
08/14/2008 |
NOTICE
OF APPEARANCE by Jonathan Watson Cuneo on behalf of N.A. Lambrecht (Cuneo,
Jonathan) (Entered: 08/14/2008) |
|
|
08/14/2008 |
NOTICE
OF APPEARANCE by Richard David Greenfield on behalf of N.A. Lambrecht
(Greenfield, Richard) (Entered: 08/14/2008) |
|
|
08/14/2008 |
NOTICE
of Objection to That Portion of Consolidation Order of March 12, 2008 with
Respect to Leadership of Derivative Actions re: (25 in 1:07-cv-11626-LBS-DFE,
25 in 1:07-cv-11626-LBS-DFE, 37 in 1:07-cv-09633-LBS-DFE, 37 in
1:07-cv-09633-LBS-DFE, 19 in 1:07-cv-09837-LBS-DFE, 19 in
1:07-cv-09837-LBS-DFE, 17 in 1:07-cv-11080-LBS-DFE, 17 in
1:07-cv-11080-LBS-DFE, 37 in 1:07-cv-10268-LBS-DFE, 37 in 1:07-cv-10268-LBS-DFE,
7 in 1:07-cv-09696-LBS-DFE, 7 in 1:07-cv-09696-LBS-DFE, 23 in
1:07-cv-10984-LBS-DFE, 23 in 1:07-cv-10984-LBS-DFE) Order, Set
Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by N.A.
Lambrecht. (Attachments: # 1 Exhibit Demand
Letter, # 2
Exhibit Proposed Order, # 3 Exhibit Richard
D. Greenfield Background Materials, # 4 Exhibit AOL
Time Warner Pre-Trial Order, # 5 Exhibit Henry
v. Brendsel Pre-Trial Order)Filed In Associated Cases:
1:07-cv-09633-LBS-DFE et al.(Greenfield, Richard) (Entered: 08/14/2008) |
|
|
09/12/2008 |
NOTICE
OF CHANGE OF ADDRESS by Marc Ira Machiz on behalf of Mary Gidaro, Carl
Esposito, Barbara Boland, Anna Molin, Alan Maltzman. New Address: Cohen,
Milstein, Hausfeld & Toll, P.L.L.C., 255 S. 17th Street, Suite 1307,
Philadelphia, Pennsylvannia, United States 19103, 267-773-4682. Filed In
Associated Cases: 1:07-cv-09633-LBS-DFE et al.(Machiz, Marc) (Entered:
09/12/2008) |
|
|
09/19/2008 |
NOTICE
of Change of Firm Name. Document filed by Francis Lee Summers, III.
(Roseman, Robert) (Entered: 09/19/2008) |
|
|
09/19/2008 |
MOTION
to Strike Extrinsic Documents and Certain Arguments Made by the Merrill
Defendants and Defendants Edwards, ONeal, Fakahany and Fleming in their
Motions to Dismiss the Consolidated Amended Class Action Complaint.
Document filed by Gary Kosseff, State Teachers Retirement System of Ohio.
(Attachments: # 1
Affidavit of Service)Filed In Associated Cases: 1:07-cv-09633-LBS-DFE et
al.(Kaplan, Robert) (Entered: 09/19/2008) |
|
|
09/19/2008 |
MEMORANDUM
OF LAW in Support re: (28 in 1:07-cv-11080-LBS-DFE, 34 in
1:07-cv-10984-LBS-DFE, 59 in 1:07-cv-10268-LBS-DFE, 36 in
1:07-cv-11626-LBS-DFE, 102 in 1:07-cv-09633-LBS-DFE, 29 in
1:07-cv-09837-LBS-DFE, 30 in 1:07-cv-09696-LBS-DFE) MOTION to Strike..
Document filed by Gary Kosseff, State Teachers Retirement System of Ohio.
Filed In Associated Cases: 1:07-cv-09633-LBS-DFE et al.(Kaplan, Robert)
(Entered: 09/19/2008) |
|
|
09/19/2008 |
DECLARATION
of Robert N. Kaplan in Support re: (28 in 1:07-cv-11080-LBS-DFE, 34 in
1:07-cv-10984-LBS-DFE, 59 in 1:07-cv-10268-LBS-DFE, 36 in
1:07-cv-11626-LBS-DFE, 102 in 1:07-cv-09633-LBS-DFE, 29 in
1:07-cv-09837-LBS-DFE, 30 in 1:07-cv-09696-LBS-DFE) MOTION to Strike..
Document filed by Gary Kosseff, State Teachers Retirement System of Ohio.
(Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D, # 5
Exhibit E)Filed In Associated Cases: 1:07-cv-09633-LBS-DFE et al.(Kaplan,
Robert) (Entered: 09/19/2008) |
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09/19/2008 |
MEMORANDUM
OF LAW in Opposition re: (65 in 1:07-cv-09633-LBS-DFE) MOTION to Dismiss The
Consolidated Amended Class Action Complaint., (74 in
1:07-cv-09633-LBS-DFE) MOTION to Dismiss the Consolidated Amended Class
Action Complaint., (58 in 1:07-cv-09633-LBS-DFE) MOTION to Dismiss the
Consolidated Amended Class Action Complaint., (79 in
1:07-cv-09633-LBS-DFE) MOTION to Dismiss the Consolidated Amended Class
Action Complaint., (76 in 1:07-cv-09633-LBS-DFE, 52 in
1:07-cv-10268-LBS-DFE) MOTION to Dismiss the Consolidated Amended
Complaint.. Document filed by Gary Kosseff, State Teachers Retirement
System of Ohio. Filed In Associated Cases: 1:07-cv-09633-LBS-DFE et
al.(Fox, Frederic) (Entered: 09/19/2008) |
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09/19/2008 |
STIPULATION
AND SCHEDULING ORDER; the undersigned parties hereby STIPULATE AND AGREE as
follows: I. By no later than two business days after entry of this Order,
the ERISA Plaintiffs shall file the Supplemental Complaint; 2. By no later
than September 26, 2008, Defendants shall file a motion to dismiss the
Supplemental Complaint ("Defendants' Motion"). The memorandum of
law in support of Defendants' Motion shall be no more than sixty (60)
pages; 3. Defendants' Malian and supporting memorandum of law will
supersede Defendants' motion to dismiss and supporting papers filed on July
21,2008; 4. By no later than October 6, 2008, the ERISA Plaintiffs shall
file their memorandum of law in opposition to Defendants' Motion.
Plaintiffs' Memorandum of Law shall be no more than sixty (60) pages; and
5. By no later than November 19, 2008, Defendants shall file their reply
memorandum of law in support of Defendants' Motion. Defendants' reply
memorandum of law shall be no more than thirty-five (35) pages. (Signed by
Magistrate Judge Douglas F. Eaton on 9/19/08) Filed In Associated Cases:
1:07-cv-09633-LBS-DFE, 1:07-cv-10268-LBS-DFE Copies Mailed by Chambers.(pl)
(Entered: 09/19/2008) |
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09/23/2008 |
STIPULATION
AND ORDER, that defendants shall have to and including 10/22/08 to answer
the Second Amended Complaint. NOTE: On 9/22/08, I received a conference
call from David A.P. Brower and from Beverly Farrell of Skadden Arps. I
requested Mr. Brower to fax me this 3-page Stipulation, but without faxing
me the Second Amended Complaint, which I hereby permit him to file. Carol
T. Christ answer due 10/22/2008; Armando D. Codina answer due 10/22/2008;
Vergis W. Colbert answer due 10/22/2008; Alberto Cribiore answer due
10/22/2008; John D. Finnegan answer due 10/22/2008; Joseph W. Prueher answer
due 10/22/2008; Ann N. Resse answer due 10/22/2008; Charles O. Rossotti
answer due 10/22/2008; Merrill Lynch & Co., Inc. answer due 10/22/2008;
Patricia Arthur answer due 10/22/2008; Miriam Loveman answer due
10/22/2008; Operative Plasterers & Cement Masons Local 262 and Annuity
Fund answer due 10/22/2008; E. Stanley O'Neal answer due 10/22/2008; Ahmass
L. Fakahany answer due 10/22/2008; Gregory J. Fleming answer due
10/22/2008. (Signed by Magistrate Judge Douglas F. Eaton on 9/22/08) Filed
In Associated Cases: 1:07-cv-09633-LBS-DFE, 1:07-cv-09696-LBS-DFE(cd)
(Entered: 09/23/2008) |
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09/23/2008 |
VERIFIED
SECOND AMENDED SHAREHOLDER DERIVATIVE AND CLASS ACTION COMPLAINT amending 44 Amended
Complaint,, against Merrill Lynch & Co., Inc., Stanley O'Neal, Ahmass
L. Fakahany, Gregory J. Fleming, Jeffrey N. Edwards, Carol T. Christ,
Armando M. Codina, Virgis W. Colbert, Alberto Cribiore, John D. Finnegan,
Judith Mayhew Jonas, Aulana Peters, Joseph W. Prueher, Ann N. Reese,
Charles O. Rossotti, E. Stanley O'Neal, Aulana L. Peters.Document filed by
Patricia Arthur, Miriam Loveman, Operative Plasterers & Cement Masons
Local 262 Pension and Annuity Funds. Related document: 44 Amended
Complaint,, filed by Miriam Loveman, Operative Plasterers & Cement
Masons Local 262 Pension and Annuity Funds, Patricia Arthur.(dle)
(Additional attachment(s) added on 9/26/2008: # 3 complaint, # 4 comp, # 5 complaint, # 6 complaint, # 7 complaint)
(jmi). (Entered: 09/24/2008) |
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09/23/2008 |
CONSOLIDATED
SUPPLEMENTAL COMPLAINT against Peter Stingi, John and Jane Doe 1, John and
Jane Does 2-10, John and Jane Does 11-20, Merrill Lynch & Co., Inc.,
Louis Dimaria, E. Stanley O'Neal.Document filed by Mary Gidaro, Carl
Esposito, Barbara Boland, Alan Maltzman.(dle) (dle). (Entered: 09/24/2008) |
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09/26/2008 |
MOTION
to Dismiss the Consolidated Supplemental Complaint. Document filed
by E. Stanley O'Neal, Administrative Committee Defendants, Investment
Committee Defendants, Senior Vice President, Human Resources Defendants, Merrill
Lynch & Co., Inc.. (Attachments: # 1 Exhibit 1)Filed
In Associated Cases: 1:07-cv-09633-LBS-DFE, 1:07-cv-10268-LBS-DFE(Baskin,
Stuart) (Entered: 09/26/2008) |
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09/26/2008 |
MEMORANDUM
OF LAW in Support re: (110 in 1:07-cv-09633-LBS-DFE, 66 in
1:07-cv-10268-LBS-DFE) MOTION to Dismiss the Consolidated Supplemental
Complaint.. Document filed by E. Stanley O'Neal, Administrative
Committee Defendants, Investment Committee Defendants, Senior Vice
President, Human Resources Defendants, Merrill Lynch & Co., Inc.. Filed
In Associated Cases: 1:07-cv-09633-LBS-DFE, 1:07-cv-10268-LBS-DFE(Baskin,
Stuart) (Entered: 09/26/2008) |
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09/26/2008 |
DECLARATION
of Stuart J. Baskin in Support re: (110 in 1:07-cv-09633-LBS-DFE, 66 in
1:07-cv-10268-LBS-DFE) MOTION to Dismiss the Consolidated Supplemental
Complaint.. Document filed by E. Stanley O'Neal, Administrative
Committee Defendants, Investment Committee Defendants, Senior Vice
President, Human Resources Defendants, Merrill Lynch & Co., Inc..
(Attachments: # 1
Exhibit A Part 1 of 3, # 2 Exhibit A Part
2 of 3, # 3
Exhibit A Part 3 of 3, # 4 Exhibit B Part
1 of 2, # 5
Exhibit B Part 2 of 2, # 6 Exhibit C Part
1 of 2, # 7
Exhibit C Part 2 of 2, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F Part
1 of 2, # 11
Exhibit F Part 2 of 2, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K, # 17 Exhibit L, # 18 Exhibit M, # 19 Exhibit N, # 20 Exhibit
O)Filed In Associated Cases: 1:07-cv-09633-LBS-DFE,
1:07-cv-10268-LBS-DFE(Baskin, Stuart) (Entered: 09/26/2008) |
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10/01/2008 |
NOTICE
OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Leonard B. Sand is no
longer assigned to the case. (laq) (Entered: 10/15/2008) |
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10/06/2008 |
MEMORANDUM
OF LAW in Opposition re: 110 MOTION to
Dismiss the Consolidated Supplemental Complaint.. Document filed by
Mary Gidaro, Carl Esposito, Barbara Boland, Alan Maltzman. (Sarko, Lynn)
(Entered: 10/06/2008) |
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10/07/2008 |
CERTIFICATE
OF SERVICE of Plaintiffs Memorandum of Law in Opposition to Defendants
Motion to Dismiss Consolidated Supplemental ERISA Complaint served on
DEFENDANTS' COUNSEL on 10/06/08. Service was made by ECF Notice and Mail.
Document filed by Alan Maltzman, Mary Gidaro, Carl Esposito, Barbara
Boland. (Sarko, Lynn) (Entered: 10/07/2008) |
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10/10/2008 |
MOTION
for Francis A. Bottini to Appear Pro Hac Vice. Document filed by Patricia
Arthur.(dle) (Entered: 10/10/2008) |
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10/14/2008 |
MEMO
ENDORSEMENT on re: (115) Motion for Francis A. Bottini to Appear Pro Hac Vice
in case 1:07-cv-09633-LBS-DFE. ENDORSEMENT: I hereby grant this motion and
admit Mr.Bottini pro hac vice.. (Signed by Magistrate Judge Douglas F.
Eaton on 10/14/2008) Filed In Associated Cases: 1:07-cv-09633-LBS-DFE et
al.(jfe) (Entered: 10/14/2008) |
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10/14/2008 |
STIPULATION
AND ORDER: It is hereby Ordered that the time for defendant Bank of America
Corporation to answer, move or otherwise respond to the Verified Second
Amended Shareholder Derivative and Class Complaint is extended to October
22, 2008. (Signed by Magistrate Judge Douglas F. Eaton on 10/14/2008) Filed
In Associated Cases: 1:07-cv-09633-LBS-DFE, 1:07-cv-09696-JGK-DFE(jfe)
Modified on 10/20/2008 (jfe). (Entered: 10/14/2008) |
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10/14/2008 |
NOTICE
OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge John G. Koeltl is no longer
assigned to the case. (laq) (Entered: 10/15/2008) |
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10/22/2008 |
STATUS
REPORT. ( Pre-Conference) Document filed by Merrill Lynch & Co.,
Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit
E)(Kasner, Jay) (Entered: 10/22/2008) |
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10/22/2008 |
NOTICE
OF APPEARANCE by Richard W Clary on behalf of Armando M. Codina, Carol T.
Christ, Virgis W. Colbert, Alberto Cribiore, John D. Finnegan, Judith
Mayhew Jonas, Joseph W. Prueher, Ann N. Reese, Aulana L. Peters, Charles O.
Rossotti, Armando D. Codina, Vergis W. Colbert, Judtih Mayhem Jonas, Ann N.
Resse Filed In Associated Cases: 1:07-cv-09633-JSR-DFE,
1:07-cv-09696-JSR-DFE(Clary, Richard) (Entered: 10/22/2008) |
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10/22/2008 |
NOTICE
OF APPEARANCE by Julie A North on behalf of Armando M. Codina, Carol T.
Christ, Virgis W. Colbert, Alberto Cribiore, John D. Finnegan, Judith
Mayhew Jonas, Joseph W. Prueher, Ann N. Reese, Aulana L. Peters, Charles O.
Rossotti, Armando D. Codina, Vergis W. Colbert, Judtih Mayhem Jonas, Ann N.
Resse Filed In Associated Cases: 1:07-cv-09633-JSR-DFE,
1:07-cv-09696-JSR-DFE(North, Julie) (Entered: 10/22/2008) |
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10/23/2008 |
ORDER:
Pursuant to a telephone conference held on 10/17/08, defendants' reply
papers to plaintiffs' papers in opposition to the defendants' Motion to
Dismiss the Second Verified Amended Complaint in the Securities Action and
defendants' papers in opposition to plaintiff's motion to strike certain
documents must not be filed on or before 11/14/08, and plaintiffs' reply
papers to defendants' opposition on the motion to strike must now be filed
on or before 12/14/08. The Court will hear oral argument on both motions on
January 15, 2009 at 5:00 pm. (Signed by Judge Jed S. Rakoff on 10/22/08)
(tro) (Entered: 10/23/2008) |
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10/23/2008 |
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Set
Deadlines/Hearings: Oral Argument set for 1/15/2009 at 05:00 PM before
Judge Jed S. Rakoff. (tro) (Entered: 10/23/2008) |
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10/27/2008 |
REQUEST
for Production of Documents.Document filed by N.A. Lambrecht. (Attachments:
# 1 Exhibit
January 22, 2008 Demand Letter, # 2 Exhibit May 1,
2008 Response to Demand Letter)Associated Cases: 1:07-cv-09633-JSR-DFE et
al.(Cuneo, Jonathan) (Entered: 10/27/2008) |
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10/27/2008 |
ORDER:
At an in-court conference earlier today, October 23, 2008, in the Derivative
Action, 07 Civ. 9696, the Court indicated its intention to resolve all
motions to dismiss in all three Actions (i.e., the Securities Action, the
Derivative Action, and the ERISA Action) by no later than February 17,
2009, and then to have all parties embark on consolidated discovery in all
three Actions, with such discovery to be completed no later than October
20, 2009, with a likely trial date of sometime in February, 2010. (Certain
limited discovery in some of the Actions, related to injunctive relief or
other special purposes, may possibly occur prior to February 17, 2009, a
matter on which the Court will shortly be receiving papers from the
parties.) If any counsel in either the Securities Action, 07 Civ. 9633, or
the ERISA Action, 07 Civ. 10268, objects to any of the above-underscored
dates, such counsel should convene a conference call with the Court and
other affected parties by no later than Thursday, October 30, 2008 and the
Court will consider such objections and issue a further order if necessary.
Independently, counsel in the ERISA case should arrange to call the Court
by no later than Monday, October 27, 2008 to discuss motions to dismiss
related to that Action. The previous referral of these Actions to
Magistrate Judge Eaton for all pre-trial purposes is hereby modified and
clarified as follows: All discovery matters will remain referred to
Magistrate Judge Eaton, including any motions or applications related
solely to discovery. The Magistrate Judge, however, will not have the
authority to extend the October 20, 2009 date, now set for completion of
all discovery. All other motions or applications of any kind whatever must
first be brought to the undersigned's attention through a joint conference
call with the Court and affected parties, at which time the Court will
determine whether the motion or application is best resolved by this Court
or should be referred to the Magistrate Judge. (Signed by Judge Jed S.
Rakoff on 10/23/08) Filed In Associated Cases: 1:07-cv-09633-JSR-DFE et
al.(tro) (Entered: 10/27/2008) |
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10/27/2008 |
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Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 10/27/2008. (tro) (Entered: 10/28/2008) |
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10/28/2008 |
RESPONSE
re: 99 Notice
(Other), Notice (Other), Notice (Other), Notice (Other) to Plaintiff
Lambrecht's Objection to that Portion of the Consolidated Order of March
12, 2008 With Respect to Leadership of the Derivative Actions. Document
filed by Merrill Lynch & Co., Inc., Carol T. Christ, Virgis W. Colbert,
Alberto Cribiore, John D. Finnegan, Judith Mayhew Jonas, Joseph W. Prueher,
Ann N. Reese, Aulana L. Peters, Charles O. Rossotti. (Kasner, Jay)
(Entered: 10/28/2008) |
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10/28/2008 |
CERTIFICATE
OF SERVICE of Defendants' Response to Plaintiff Lambrecht's Objection to
that Portion of the Consolidation Order of March 12, 2008 with Respect to
Leadership of the Derivative Actions on 10/28/08. Service was made by Mail.
Document filed by Merrill Lynch & Co., Inc.. (Kasner, Jay) (Entered:
10/28/2008) |
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10/28/2008 |
OPPOSITION
BRIEF re: (28 in 1:07-cv-09696-JSR-DFE, 99 in 1:07-cv-09633-JSR-DFE) Notice
(Other), Notice (Other), Notice (Other), Notice (Other) Response of
Derivative Plaintiffs' Executive Committee to Objection of Plaintiff
Lambrecht to March 12, 2008 Order. Document filed by Patricia Arthur,
Miriam Loveman, Operative Plasterers & Cement Masons Local 262 Pension
and Annuity Funds.Associated Cases: 1:07-cv-09633-JSR-DFE,
1:07-cv-09696-JSR-DFE(Brower, David) (Entered: 10/28/2008) |
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10/28/2008 |
DECLARATION
of David A.P. Brower in Opposition re: (128 in 1:07-cv-09633-JSR-DFE, 47 in
1:07-cv-09696-JSR-DFE) Opposition Brief,. Document filed by Patricia
Arthur, Miriam Loveman, Operative Plasterers & Cement Masons Local 262
Pension and Annuity Funds. (Attachments: # 1 Exhibit
C-F)Filed In Associated Cases: 1:07-cv-09633-JSR-DFE,
1:07-cv-09696-JSR-DFE(Brower, David) (Entered: 10/28/2008) |
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10/29/2008 |
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CASHIERS
OFFICE REMARK on 116
Order on Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on
10/09/2008, Receipt Number 665194. (jd) (Entered: 10/29/2008) |
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10/29/2008 |
NOTICE
OF APPEARANCE by Christopher Steven Jones on behalf of Operative Plasterers
& Cement Masons Local 262 Pension and Annuity Funds (Jones,
Christopher) (Entered: 10/29/2008) |
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10/30/2008 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: (4
in 1:07-cv-09633-JSR-DFE) MOTION For Consolidation, Appointment as Lead
Plaintiff, and Approval of Selection of Lead Counsel. Reply on
Consolidation Order Briefing. Document filed by N.A. Lambrecht.
(Attachments: # 1
Exhibit, # 2
Exhibit, # 3
Exhibit, # 4
Exhibit, # 5
Exhibit)Filed In Associated Cases: 1:07-cv-09633-JSR-DFE et al.(Cuneo,
Jonathan) Modified on 10/31/2008 (jar). (Entered: 10/30/2008) |
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10/30/2008 |
|
***NOTE
TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to
Attorney Jonathan Cuneo to RE-FILE Document (41 in 1:07-cv-10984-LBS-DFE,
49 in 1:07-cv-09696-JSR-DFE, 131 in 1:07-cv-09633-JSR-DFE, 36 in
1:07-cv-09837-LBS-DFE, 35 in 1:07-cv-11080-LBS-DFE, 43 in 1:07-cv-11626-LBS-DFE,
74 in 1:07-cv-10268-JSR-DFE) Reply Memorandum of Law in Support of Motion.
ERROR(S): Documents linked to the incorrect document. Use event type Reply
Memorandum of Law in Support (non-motion) found under event list Other
Answers. Filed In Associated Cases: 1:07-cv-09633-JSR-DFE et al.(jar)
(Entered: 10/31/2008) |
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10/31/2008 |
REPLY
MEMORANDUM OF LAW in Support re: (28 in 1:07-cv-09696-JSR-DFE, 57 in
1:07-cv-10268-JSR-DFE, 99 in 1:07-cv-09633-JSR-DFE, 27 in
1:07-cv-09837-LBS-DFE, 32 in 1:07-cv-10984-LBS-DFE, 26 in
1:07-cv-11080-LBS-DFE, 34 in 1:07-cv-11626-LBS-DFE) Notice (Other), Notice
(Other), Notice (Other), Notice (Other). Document filed by N.A. Lambrecht.
(Attachments: # 1
Exhibit, # 2
Exhibit, # 3
Exhibit, # 4
Exhibit, # 5
Exhibit)Filed In Associated Cases: 1:07-cv-09633-JSR-DFE et al.(Cuneo,
Jonathan) (Entered: 10/31/2008) |
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11/05/2008 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 11/5/2008. (mro) (Entered: 11/21/2008) |
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11/07/2008 |
NOTICE
OF APPEARANCE by Eric M. Roth on behalf of Bank of America Corporation
(Roth, Eric) (Entered: 11/07/2008) |
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11/07/2008 |
RULE
7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by
Bank of America Corporation.(Roth, Eric) (Entered: 11/07/2008) |
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11/07/2008 |
NOTICE
OF APPEARANCE by William Edwards on behalf of Bank of America Corporation
(Edwards, William) (Entered: 11/07/2008) |
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11/07/2008 |
NOTICE
OF APPEARANCE by Ian Boczko on behalf of Bank of America Corporation
(Boczko, Ian) (Entered: 11/07/2008) |
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11/07/2008 |
MOTION
to Dismiss The Complaint. Document filed by Bank of America
Corporation. Responses due by 12/23/2008 Return Date set for 1/15/2009 at
05:00 PM.(Roth, Eric) (Entered: 11/07/2008) |
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11/07/2008 |
MEMORANDUM
OF LAW in Support re: 137 MOTION to
Dismiss The Complaint.. Document filed by Bank of America
Corporation. (Roth, Eric) (Entered: 11/07/2008) |
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11/07/2008 |
DECLARATION
of Eric M. Roth in Support re: 137 MOTION to
Dismiss The Complaint.. Document filed by Bank of America
Corporation. (Roth, Eric) (Entered: 11/07/2008) |
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11/07/2008 |
CERTIFICATE
OF SERVICE of Notice of Motion, Memo in Support, Declaration in Support re:
137 . Document
filed by Bank of America Corporation. (Roth, Eric) (Entered: 11/07/2008) |
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11/07/2008 |
MOTION
to Dismiss The Complaint. Document filed by Merrill Lynch & Co.,
Inc.. Responses due by 12/23/2008 Return Date set for 1/15/2009 at 05:00
PM.(Kasner, Jay) (Entered: 11/07/2008) |
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11/07/2008 |
MEMORANDUM
OF LAW in Support re: 141 MOTION to
Dismiss The Complaint.. Document filed by Merrill Lynch & Co.,
Inc.. (Kasner, Jay) (Entered: 11/07/2008) |
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11/07/2008 |
MOTION
to Dismiss Plaintiffs' Verified Second Amended Shareholder Derivative
And Class Action Complaint. Document filed by Merrill Lynch & Co.,
Inc.. Responses due by 12/23/2008 Return Date set for 1/15/2009 at 05:00 PM.(Kasner,
Jay) (Entered: 11/07/2008) |
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11/07/2008 |
MEMORANDUM
OF LAW in Support re: 143 MOTION to
Dismiss Plaintiffs' Verified Second Amended Shareholder Derivative And
Class Action Complaint.. Document filed by Merrill Lynch & Co.,
Inc.. (Kasner, Jay) (Entered: 11/07/2008) |
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11/07/2008 |
DECLARATION
of Scott D. Musoff in Support re: 143 MOTION to
Dismiss Plaintiffs' Verified Second Amended Shareholder Derivative And
Class Action Complaint.. Document filed by Merrill Lynch & Co.,
Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Kasner, Jay) (Entered: 11/07/2008) |
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11/14/2008 |
ORDER
For the reasons set forth in this order, the Court makes the following
determinations: (1) Counsel in the Lambrecht Action is hereby granted leave
to separately litigate any motion to dismiss the Lambrecht Complaint,
independent of the Executive Committee. (2) The Court hereby denies
Lambrecht's request for limited expedited discovery with respect to the
demand refusal, without prejudice to revisiting that issue at the time of
oral argument on a motion to dismiss. (3) The Court hereby consolidates the
Lambrecht Action with the other cases constituting the Derivative Action
for all other pretrial purposes. (4) The Court preserves the Executive
Committee structure in its current composition, reserving the possibility
of revising its structure at a later date. (Signed by Judge Jed S. Rakoff
on 11/13/08) (mme) (Entered: 11/14/2008) |
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11/14/2008 |
ORDER
For the reasons set forth in this order, if the parties are interested,
they should confer with each other and report back to the Court in the next
few weeks. (Signed by Judge Jed S. Rakoff on 11/12/08) Filed In Associated
Cases: 1:07-cv-09633-JSR-DFE et al.(mme) (Entered: 11/14/2008) |
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11/14/2008 |
REPLY
MEMORANDUM OF LAW in Support re: 65 MOTION to
Dismiss The Consolidated Amended Class Action Complaint.. Document
filed by Jeffrey N. Edwards. (Kwan-Gett, Mei Lin) (Entered: 11/14/2008) |
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11/14/2008 |
REPLY
MEMORANDUM OF LAW in Support re: 74 MOTION to
Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Ahmass L. Fakahany. (Canellos, George) (Entered: 11/14/2008) |
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11/14/2008 |
REPLY
MEMORANDUM OF LAW in Support re: 58 MOTION to
Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Stanley O'Neal. (Chepiga, Michael) (Entered: 11/14/2008) |
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11/14/2008 |
REPLY
MEMORANDUM OF LAW in Support re: 86 MOTION to
Dismiss the Consolidated Amended Class Action Complaint. MOTION to
Strike Certain Allegations.. Document filed by Merrill Lynch &
Co., Inc., Merrill Lynch Capital Trust I, Merrill Lynch Capital Trust II,
Merrill Lynch Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith
Incorporated. (Kasner, Jay) (Entered: 11/14/2008) |
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11/14/2008 |
MEMORANDUM
OF LAW in Opposition re: 102 MOTION to
Strike Extrinsic Documents and Certain Arguments Made by the Merrill
Defendants and Defendants Edwards, ONeal, Fakahany and Fleming in their Motions
to Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Merrill Lynch & Co., Inc., Merrill Lynch Capital Trust I,
Merrill Lynch Capital Trust II, Merrill Lynch Capital Trust III, Merrill
Lynch, Pierce, Fenner & Smith Incorporated. (Kasner, Jay) (Entered:
11/14/2008) |
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11/14/2008 |
REPLY
MEMORANDUM OF LAW in Support re: 79 MOTION to
Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Gregory J. Fleming. (Allerhand, Joseph) (Entered: 11/14/2008) |
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11/14/2008 |
NOTICE
of Compendium of Unreported Decisions Cited in the Combined Memorandum of
Law (A) in Reply in Further Support of their Motion to Dismiss the
Consolidated Amended Class Action Complaint and to Strike Certain
Allegations; and (B) in Opposition to Plaintiffs' Motion to Strike
Extrinsic Documents re: 152 Memorandum of
Law in Opposition to Motion, 151 Reply
Memorandum of Law in Support of Motion,. Document filed by Merrill Lynch
& Co., Inc., Merrill Lynch Capital Trust I, Merrill Lynch Capital Trust
II, Merrill Lynch Capital Trust III, Merrill Lynch, Pierce, Fenner &
Smith Incorporated. (Attachments: # 1 Tab 1, # 2 Tab 2, # 3 Tab 3, # 4 Tab 4, # 5 Tab 5, # 6 Tab 6, # 7 Tab 7, # 8 Tab 8, # 9 Tab 9, # 10 Tab 10, # 11 Tab 11, # 12 Tab 12, # 13 Tab 13, # 14 Tab 14, # 15 Tab 15, # 16 Tab 16, # 17 Tab 17, # 18 Tab 18, # 19 Tab 19, # 20 Tab 20, # 21 Tab 21, # 22 Tab 22, # 23 Tab 23, # 24 Tab
24)(Kasner, Jay) (Entered: 11/14/2008) |
|
|
11/14/2008 |
REPLY
MEMORANDUM OF LAW in Support re: 82 MOTION to
Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Deloitte & Touche LLP. (Karp, Brad) (Entered: 11/14/2008) |
|
|
11/14/2008 |
CERTIFICATE
OF SERVICE of Reply Memorandum of Law. Service was made by FedEx. Document
filed by Gregory J. Fleming. (Allerhand, Joseph) (Entered: 11/14/2008) |
|
|
11/14/2008 |
DECLARATION
of Jay B. Kasner in Support re: 86 MOTION to
Dismiss the Consolidated Amended Class Action Complaint. MOTION to
Strike Certain Allegations.. Document filed by Merrill Lynch &
Co., Inc., Merrill Lynch Capital Trust I, Merrill Lynch Capital Trust II,
Merrill Lynch Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith
Incorporated. (Attachments: # 1 Exhibit WW, # 2 Exhibit XX, # 3 Exhibit YY, # 4 Exhibit ZZ, # 5 Exhibit AAA, # 6 Exhibit BBB, # 7 Exhibit
CCC)(Kasner, Jay) (Entered: 11/14/2008) |
|
|
11/14/2008 |
DECLARATION
of Charles E. Davidow in Support re: 82 MOTION to Dismiss
the Consolidated Amended Class Action Complaint.. Document filed by
Deloitte & Touche LLP. (Davidow, Charles) (Entered: 11/14/2008) |
|
|
11/14/2008 |
DECLARATION
of Jay B. Kasner in Opposition re: 102 MOTION to
Strike Extrinsic Documents and Certain Arguments Made by the Merrill
Defendants and Defendants Edwards, ONeal, Fakahany and Fleming in their
Motions to Dismiss the Consolidated Amended Class Action Complaint..
Document filed by Merrill Lynch & Co., Inc., Merrill Lynch Capital
Trust I, Merrill Lynch Capital Trust II, Merrill Lynch Capital Trust III,
Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: # 1 Exhibit WW, # 2 Exhibit XX, # 3 Exhibit YY, # 4 Exhibit ZZ, # 5 Exhibit AAA, # 6 Exhibit BBB, # 7 Exhibit
CCC)(Kasner, Jay) (Entered: 11/14/2008) |
|
|
11/19/2008 |
REPLY
MEMORANDUM OF LAW in Support re: (110 in 1:07-cv-09633-JSR-DFE, 66 in
1:07-cv-10268-JSR-DFE) MOTION to Dismiss the Consolidated Supplemental
Complaint.. Document filed by Merrill Lynch & Co., Inc.,
Administrative Committee Defendants, Investment Committee Defendants,
Senior Vice President, Human Resources Defendants, E. Stanley O'Neal,
Merrill Lynch & Co., Inc.. Filed In Associated Cases:
1:07-cv-09633-JSR-DFE, 1:07-cv-10268-JSR-DFE(Baskin, Stuart) (Entered:
11/19/2008) |
|
|
11/20/2008 |
161 |
AFFIDAVIT
OF SERVICE of corrected copies of notice of motion...; memorandum of
law.....; declaration of Robert N. Kaplan...; served on all counsels of
record via ECF System on 9/19/08. Document filed by Mary Gidaro. (djc) (Entered:
11/20/2008) |
|
11/20/2008 |
NOTICE
of Firm Name Change. Document filed by Barbara Boland. (Attachments: # 1 Exhibit
Certificate of Service)(Yau, Michelle) (Entered: 11/20/2008) |
|
|
11/20/2008 |
MOTION
for David Anziska and Robin Switzenbaum to Appear Pro Hac Vice. Document
filed by State Teachers Retirement System of Ohio.(dle) (Entered:
11/24/2008) |
|
|
11/21/2008 |
NOTICE
OF APPEARANCE by Mark Holland on behalf of Morgan Stanley & Co.
Incorporated, Citigroup Global Markets Inc., UBS Securities LLC, Wachovia
Capital Markets, LLC (Holland, Mark) (Entered: 11/21/2008) |
|
|
11/21/2008 |
NOTICE
OF APPEARANCE by George Arnold Schieren on behalf of Citigroup Global Markets
Inc., UBS Securities LLC, Wachovia Capital Markets, LLC, Morgan Stanley
& Co. Incorporated (Schieren, George) (Entered: 11/21/2008) |
|
|
11/21/2008 |
NOTICE
OF APPEARANCE by Mary Kathryn Dulka on behalf of Citigroup Global Markets
Inc., UBS Securities LLC, Wachovia Capital Markets, LLC, Morgan Stanley
& Co. Incorporated (Dulka, Mary) (Entered: 11/21/2008) |
|
|
11/24/2008 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 11/24/2008. (mro) (Entered: 11/25/2008) |
|
11/25/2008 |
ORDER
granting 166
Motion for Robin Switzenbaum and David Anziska to Appear Pro Hac Vice.
(Signed by Judge Jed S. Rakoff on 11/21/08) (js) (Entered: 11/25/2008) |
|
|
11/25/2008 |
|
Transmission
to Attorney Admissions Clerk. Transmitted re: 167 Order on
Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for
updating of Attorney Information. (js) (Entered: 11/25/2008) |
|
11/25/2008 |
ORDER:
accordingly, each oral argument can now begin at 2:00 PM. Specifically:(1)
oral argument on the pending motions in the Derivative Action and the
related Lambrecht Action will be heard on Wednesday, January 14, 2009 at
2:00 PM; (2) oral argument on the pending motions in the Securities Action
and in the related case of Louisiana Sheriffs' Pension and Relief Fund, et
al. v. Merrill Lynch & Co. Inc. et al., 08 Civ. 9063, will be heard on
Thursday, January 15, 2009 at 2:00 PM; and (3) oral argument on the pending
motions in the ERISA Action will be held on Friday, January 16, 2009 at
2:00 PM. (Signed by Judge Jed S. Rakoff on 11/24/08) Filed In Associated
Cases: 1:07-cv-09633-JSR-DFE et al.(js) (Entered: 11/25/2008) |
|
|
11/25/2008 |
|
Set
Deadlines/Hearings: Oral Argument set for 1/16/2009 at 02:00 PM before
Judge Jed S. Rakoff. (js) (Entered: 11/25/2008) |
|
11/26/2008 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 11/26/2008. (mro) (Entered: 12/11/2008) |
|
12/04/2008 |
ORDER
REGARDING COORDINATION OF ACTIONS Bond Plaintiffs will not seek remand of the
Bond Action to state court. Except as set forth in paragraphs 6 and 7,
below, the Bond Action shall proceed on a coordinated basis for all
pre-trial purposes with the Consolidated Securities Action. Lead Plaintiff
shall serve as Lead Plaintiff with regard to the Consolidated Securities
Action and the Bond Action. The authority of Co-Lead Counsel in the
Consolidated Securities Action set forth in the Court's March 12, 2008
Order entered in the Consolidated Securities Action shall extend to the
Bond Action. Bond Plaintiffs and Bond Counsel shall have primary
responsibility for prosecuting all claims on behalf of investors in Merrill
Lynch bonds and investors in Merrill Lynch preferred shares that are
identified in the Bond Action but not the Consolidated Securities Action,
including with respect to filing pleadings, motions and briefs, subject to
the supervision and authority of Lead Plaintiff and Co-Lead Counsel. Lead
Plaintiff shall serve as Lead Plaintiff with regard to the Consolidated
Securities Action and the Bond Action. Within five (5) days of the Court's
entering of an Order deciding the pending motions 10 dismiss the Amended
Complaint in the Consolidated Securities Action, the parties in the Bond
Action will confer regarding a proposed schedule for the filing of an
amended complaint (if any) in the Bond Action and for the time for
Defendants to answer, move or otherwise respond to the operative pleading.
Defendants' time to answer, move or otherwise respond to the current
complaint in the Bond Action is adjourned until further order of the Court.
To the extent discovery is permitted in the Consolidated Securities Action,
the Bond Action will proceed along the same schedule. The parties in the
Bond Action shall participate in any such discovery that takes place in the
Consolidated Action, regardless of any motions to dismiss that may be
pending in the Bond Action. Should any motions to dismiss be filed in the
Bond Action, those motions shall not result in any stay of discovery or
otherwise of the Consolidated Securities Action provided that discovery is
otherwise permitted to proceed in the Consolidated Securities Action. To
the extent discovery in the Consolidated Securities Action is permitted,
the deadlines set forth in the Court's October 23, 2008 Order shall apply
to the Bond Action. No party in the coordinated actions shall seek any
extensions of such deadlines on the basis of the filing of an amended
complaint (if any) in the Bond Action, the Court's adjournment of
Defendants' time to answer, move or otherwise respond to the complaint in
the Bond Action or the filing of any motions to dismiss in the Bond Action.
Defendants reserve all rights and defenses regarding the merits and
coordination of the Bond Action and Consolidated Securities Action. (Signed
by Judge Jed S. Rakoff on 12/3/08) (mme) (Entered: 12/04/2008) |
|
|
12/05/2008 |
|
CASHIERS
OFFICE REMARK on 167
Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 11/20/2008,
Receipt Number 670358. (jd) (Entered: 12/05/2008) |
|
12/15/2008 |
REPLY
MEMORANDUM OF LAW in Support re: (28 in 1:07-cv-11080-LBS-DFE, 34 in
1:07-cv-10984-LBS-DFE, 59 in 1:07-cv-10268-JSR-DFE, 36 in
1:07-cv-11626-LBS-DFE, 102 in 1:07-cv-09633-JSR-DFE, 29 in
1:07-cv-09837-LBS-DFE, 30 in 1:07-cv-09696-JSR-DFE) MOTION to Strike..
Document filed by State Teachers Retirement System of Ohio. Filed In
Associated Cases: 1:07-cv-09633-JSR-DFE et al.(Kaplan, Robert) (Entered:
12/15/2008) |
|
|
12/17/2008 |
SUPPLEMENTAL
MEMORANDUM OF LAW in Support re: (141 in 1:07-cv-09633-JSR-DFE) MOTION to
Dismiss The Complaint., (59 in 1:07-cv-09696-JSR-DFE) MOTION to
Dismiss Plaintiff's Verified Second Amended Shareholder Derivative And
Class Action Complaint., (143 in 1:07-cv-09633-JSR-DFE) MOTION to
Dismiss Plaintiffs' Verified Second Amended Shareholder Derivative And
Class Action Complaint., (8 in 1:08-cv-06582-LBS) MOTION to Dismiss The
Complaint.. Document filed by Merrill Lynch & Co., Inc.. Filed In
Associated Cases: 1:07-cv-09633-JSR-DFE, 1:07-cv-09696-JSR-DFE,
1:08-cv-06582-LBS(Kasner, Jay) (Entered: 12/17/2008) |
|
|
12/17/2008 |
DECLARATION
of Scott D. Musoff in Support re: (141 in 1:07-cv-09633-JSR-DFE) MOTION to
Dismiss The Complaint., (59 in 1:07-cv-09696-JSR-DFE) MOTION to
Dismiss Plaintiff's Verified Second Amended Shareholder Derivative And
Class Action Complaint., (143 in 1:07-cv-09633-JSR-DFE) MOTION to
Dismiss Plaintiffs' Verified Second Amended Shareholder Derivative And
Class Action Complaint., (8 in 1:08-cv-06582-LBS) MOTION to Dismiss The
Complaint.. Document filed by Merrill Lynch & Co., Inc.. Filed In
Associated Cases: 1:07-cv-09633-JSR-DFE, 1:07-cv-09696-JSR-DFE,
1:08-cv-06582-LBS(Kasner, Jay) (Entered: 12/17/2008) |
|
|
12/23/2008 |
MEMORANDUM
OF LAW in Opposition re: 141 MOTION to
Dismiss The Complaint.. Document filed by N.A. Lambrecht. (Cuneo,
Jonathan) (Entered: 12/23/2008) |
|
|
12/23/2008 |
DECLARATION
of Jonathan W. Cuneo, Esq. in Opposition re: 141 MOTION to
Dismiss The Complaint.. Document filed by N.A. Lambrecht.
(Attachments: # 1
Exhibit 1, # 2
Exhibit 2, # 3
Exhibit, # 4
Exhibit 4, # 5
Exhibit 5, # 6
Exhibit 6)(Cuneo, Jonathan) (Entered: 12/23/2008) |
|
|
12/23/2008 |
FILING
ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of of Withdrawal of
Appearance (of Richard D. Greenfield, Esq. and Greenfield & Goodman,
LLC). Document filed by N.A. Lambrecht. (Cuneo, Jonathan) Modified on
12/24/2008 (jar). (Entered: 12/23/2008) |
|
|
12/23/2008 |
MEMORANDUM
OF LAW in Opposition re: (59 in 1:07-cv-09696-JSR-DFE) MOTION to Dismiss Plaintiff's
Verified Second Amended Shareholder Derivative And Class Action Complaint..
Document filed by Operative Plasterers & Cement Masons Local 262
Pension and Annuity Funds, Patricia Arthur, Miriam Loveman. Filed In
Associated Cases: 1:07-cv-09633-JSR-DFE, 1:07-cv-09696-JSR-DFE(Brower,
David) (Entered: 12/23/2008) |
|
|
12/23/2008 |
|
***NOTE
TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney
Jonathan Cuneo to E-MAIL Document No. 175 Notice to
Withdraw of Appearance to judgments@nysd.uscourts.gov. This document is not
filed via ECF. (jar) (Entered: 12/24/2008) |
|
01/06/2009 |
SUPPLEMENTAL
MEMORANDUM OF LAW in Opposition re: 141 MOTION to
Dismiss The Complaint.. Document filed by N.A. Lambrecht. (Cuneo,
Jonathan) (Entered: 01/06/2009) |
|
|
01/06/2009 |
DECLARATION
of Jonathan W. Cuneo, Esq. in Opposition re: 141 MOTION to
Dismiss The Complaint.. Document filed by N.A. Lambrecht.
(Attachments: # 1
Exhibit 7, # 2
Exhibit 8, # 3
Exhibit 9, # 4
Exhibit 10, # 5
Exhibit 11)(Cuneo, Jonathan) (Entered: 01/06/2009) |
|
|
01/07/2009 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 1/7/2009. (mro) (Entered: 01/09/2009) |
|
01/08/2009 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - MOTION for Richard D. Greenfield to
Withdraw as Attorney. Document filed by N.A. Lambrecht. (Attachments: # 1 Exhibit
Declaration of Richard D. Greenfield, # 2 Exhibit
Proposed Order Granting Motion to Withdraw)Filed In Associated Cases:
1:07-cv-09633-JSR-DFE et al.(Greenfield, Richard) Modified on 1/9/2009
(jar). (Entered: 01/08/2009) |
|
|
01/08/2009 |
SUPPLEMENTAL
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Bank Of America
Corporation as Corporate Parent. Document filed by Merrill Lynch & Co.,
Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated.Associated
Cases: 1:07-cv-09633-JSR-DFE et al.(Kasner, Jay) (Entered: 01/08/2009) |
|
|
01/08/2009 |
|
***NOTE
TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to
Attorney Richard Greenfield to RE-FILE Document (69 in
1:07-cv-09696-JSR-DFE, 48 in 1:07-cv-11626-LBS-DFE, 80 in 1:07-cv-10268-JSR-DFE,
41 in 1:07-cv-09837-LBS-DFE, 40 in 1:07-cv-11080-LBS-DFE, 179 in
1:07-cv-09633-JSR-DFE, 46 in 1:07-cv-10984-LBS-DFE) MOTION for Richard D.
Greenfield to Withdraw as Attorney. ERROR(S): Supporting documents must be
filed individually. Use the event type Declaration in Support found under
event list Replies, Oppositions, Supporting Documents. REMINDER: The motion
must first be re-filed, then file supporting document and link it to the
correctly re-filed motion. Filed In Associated Cases: 1:07-cv-09633-JSR-DFE
et al.(jar) (Entered: 01/09/2009) |
|
01/09/2009 |
MOTION
for Richard D. Greenfield to Withdraw as Attorney. Document filed by N.A.
Lambrecht. (Attachments: # 1 Text of
Proposed Order)Filed In Associated Cases: 1:07-cv-09633-JSR-DFE et
al.(Greenfield, Richard) (Entered: 01/09/2009) |
|
|
01/09/2009 |
DECLARATION
of Richard D. Greenfield in Support re: (48 in 1:07-cv-10984-LBS-DFE, 18 in
1:08-cv-06582-LBS, 50 in 1:07-cv-11626-LBS-DFE, 71 in
1:07-cv-09696-JSR-DFE, 181 in 1:07-cv-09633-JSR-DFE, 85 in
1:07-cv-10268-JSR-DFE, 43 in 1:07-cv-09837-LBS-DFE, 42 in
1:07-cv-11080-LBS-DFE) MOTION for Richard D. Greenfield to Withdraw as
Attorney.. Document filed by N.A. Lambrecht. Filed In Associated Cases:
1:07-cv-09633-JSR-DFE et al.(Greenfield, Richard) (Entered: 01/09/2009) |
|
|
01/09/2009 |
DECLARATION
of Scott D. Musoff in Support re: 141 MOTION to
Dismiss The Complaint., 143 MOTION to
Dismiss Plaintiffs' Verified Second Amended Shareholder Derivative And
Class Action Complaint.. Document filed by Merrill Lynch & Co.,
Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit
4)(Kasner, Jay) (Entered: 01/09/2009) |
|
|
01/09/2009 |
REPLY
MEMORANDUM OF LAW in Support re: 141 MOTION to
Dismiss The Complaint., 143 MOTION to
Dismiss Plaintiffs' Verified Second Amended Shareholder Derivative And
Class Action Complaint.. Document filed by Merrill Lynch & Co.,
Inc.. (Kasner, Jay) (Entered: 01/09/2009) |
|
|
01/14/2009 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held
on 1/14/2009, on motion to dismiss. The Court scheduled further argument
for January 20th at 11:00 AM. (mro) (Entered: 01/16/2009) |
|
01/16/2009 |
ORDER,
that the motion of Richard D. Greenfield, Esq. and the law firm of
Greenfield & Goodman, LLC seeking leave to withdraw as counsel for
Plaintiff N.A. Lambrecht is GRANTED. (Signed by Judge Jed S. Rakoff on
1/16/09) (pl) (Entered: 01/16/2009) |
|
|
01/20/2009 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held
on 1/20/2009 on motion to dismiss. (mro) (Entered: 01/21/2009) |
|
01/21/2009 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Matthew E. Miller is admitted
to practice pro hac vice as counsel for Plaintiff N.A. Lanbrecht. (Signed
by Judge Jed S. Rakoff on 1/17/2009) Filed In Associated Cases:
1:07-cv-09633-JSR-DFE, 1:08-cv-06582-LBS(tve) (Entered: 01/21/2009) |
|
|
01/26/2009 |
187 |
TRANSCRIPT
of proceedings held on January 14, 2009 before Judge Jed S. Rakoff. (mro)
(Entered: 01/30/2009) |
|
01/26/2009 |
206 |
TRANSCRIPT
of proceedings held on January 20, 2009 before Judge Jed S. Rakoff. (mro)
(Entered: 02/26/2009) |
|
02/04/2009 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 2/4/2009. (mro) (Entered: 02/06/2009) |
|
02/05/2009 |
MEMO
ENDORSEMENT on REQUEST FOR REMOVAL FROM DOCKET SERVICE LISTS. Plaintiff
request that his counsel, Mr. Schwartz and Mr. Kroub, be removed from the
docket and any service lists in the above captioned case. ENDORSEMENT: SO
ORDERED. (Signed by Judge Jed S. Rakoff on 2/4/2009) (jpo) (Entered:
02/05/2009) |
|
|
02/09/2009 |
NOTICE
OF APPEARANCE by Claudia Leslie Hammerman on behalf of Deloitte &
Touche LLP (Attachments: # 1 Affidavit of
Service)(Hammerman, Claudia) (Entered: 02/09/2009) |
|
|
02/09/2009 |
MOTION
to Dismiss the Class Action Complaint. Document filed by Deloitte
& Touche LLP. (Attachments: # 1 Affidavit of
Service)(Karp, Brad) (Entered: 02/09/2009) |
|
|
02/09/2009 |
MEMORANDUM
OF LAW in Support re: 190 MOTION to
Dismiss the Class Action Complaint.. Document filed by Deloitte
& Touche LLP. (Attachments: # 1 Affidavit of
Service)(Karp, Brad) (Entered: 02/09/2009) |
|
|
02/09/2009 |
DECLARATION
of Charles E. Davidow in Support re: 190 MOTION to
Dismiss the Class Action Complaint.. Document filed by Deloitte
& Touche LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Affidavit of
Service)(Davidow, Charles) (Entered: 02/09/2009) |
|
|
02/09/2009 |
MOTION
to Dismiss The Complaint. Document filed by Merrill Lynch & Co.,
Inc., Ahmass L. Fakahany, Gregory J. Fleming, Merrill Lynch Capital Trust
I, Merrill Lynch Capital Trust II, Jeffrey N. Edwards, Merrill Lynch
Capital Trust III, Lawrence A. Tosi, Armando M. Codina, Jill K. Conway,
David K. Newbigging, Merrill Lynch, Pierce, Fenner & Smith
Incorporated, E. Stanley O'Neal, Carol T. Christ, Virgis W. Colbert,
Alberto Cribiore, John D. Finnegan, Judith Mayhew Jonas, Joseph W. Prueher,
Ann N. Reese, Aulana L. Peters, Charles O. Rossotti. Responses due by
2/13/2009 (Attachments: # 1 ( Complaint
))(Kasner, Jay) (Entered: 02/09/2009) |
|
|
02/09/2009 |
DECLARATION
of Jay B. Kasner in Support re: 193 MOTION to
Dismiss The Complaint.. Document filed by Merrill Lynch & Co.,
Inc., Ahmass L. Fakahany, Gregory J. Fleming, Merrill Lynch Capital Trust
I, Merrill Lynch Capital Trust II, Jeffrey N. Edwards, Merrill Lynch
Capital Trust III, Lawrence A. Tosi, Carol T. Christ, Armando M. Codina,
Virgis W. Colbert, Jill K. Conway, David K. Newbigging, Merrill Lynch,
Pierce, Fenner & Smith Incorporated, E. Stanley O'Neal, Alberto
Cribiore, John D. Finnegan, Judith Mayhew Jonas, Joseph W. Prueher, Ann N.
Reese, Aulana L. Peters, Charles O. Rossotti. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit
I)(Kasner, Jay) (Entered: 02/09/2009) |
|
|
02/09/2009 |
MEMORANDUM
OF LAW in Support re: 193 MOTION to
Dismiss The Complaint.. Document filed by Merrill Lynch & Co.,
Inc., Stanley O'Neal, Ahmass L. Fakahany, Gregory J. Fleming, Merrill Lynch
Capital Trust I, Merrill Lynch Capital Trust II, Jeffrey N. Edwards,
Merrill Lynch Capital Trust III, Lawrence A. Tosi, Armando M. Codina, Jill
K. Conway, David K. Newbigging, Merrill Lynch, Pierce, Fenner & Smith
Incorporated, Carol T. Christ, Virgis W. Colbert, Alberto Cribiore, John D.
Finnegan, Judith Mayhew Jonas, Joseph W. Prueher, Ann N. Reese, Aulana L.
Peters, Charles O. Rossotti. (Kasner, Jay) (Entered: 02/09/2009) |
|
|
02/10/2009 |
MOTION
to Dismiss the Lousiana Sheriffs' Pension and Relief Fund Complaint in
Case Number 08cv9063 by the Underwriter Defendants. Document filed by
A.G. Edwards & Sons, Inc., ANZ Securities, Inc, B.C. Ziegler and Company,
Banc of America, Banc of America Securites, LLC, Countrywide Securities
Corporation, Barclays Capital Inc, BB&T Capital Markets, a division of
Scott & Stringfellow, Inc., BBVA Securities, Inc, Blaylock &
Company, Inc, Blaylock Robert Van, LLC, BMO Capital Markets Corp., BMY
Capital Markets, Inc., Cabrera Capital Markets, LLC, CastleOak Securities
L.P, Charles Schwab & Co., Inc., CIBC World Markets Corp., Citigroup
Global Capital Markets Inc., D.A. Davidson & Co., Davenport &
Company LLC, Deutsche Bank Securities Inc., Doley Securities, LLC, Ferris,
Baker Watts, Incorporated, Fidelity Capital Markets a division of National
Financial Services Corp., Fifth Third Securities, Inc., Fixed Income
Securities, LP, Fixed Income Securities, Inc., Fortis Securities LLC, FTN
Financial Securities Corp., Goldman, Sachs & Co., Greenwich Capital
Markets, Inc., H&R Block Financial Advisors, Inc, HSBC Securities, HVB
Capital Markets, Inc., J.B. Hanauer & Co., J.J.B. Hilliard, W.L. Lyons,
Inc., J.P. Morgan Chase, J.P. Morgan Securities, Jackson Securities LLC,
Janney Montgomery Scott LLC, Jeffries & Company, Inc., KBC Financial
Products USA, Inc., Keefe, Bruyette & Woods, Inc., KeyBanc Capital
Markets Inc, Loop Capital Markets, Mellon Financial Markets, LLC, Mesirow
Financial, Inc, Mizuho Securities USA Inc., Morgan Keegan & Company,
Inc., Morgan Stanley & Co. Incorporated, Muriel Seibert & Co.,
Inc., nabCapital Securities, LLC, NatCity Investments, Inc, Natixis
Bleichroeder Inc, Oppenheimer & Co., Inc., Pershing LLC, Piper Jaffray
& Co., PNC Capital Markets LLC, Raymond James & Associates, Inc.,
RBC Capital Markets Corporation, RBC Dain Rauscher Inc., RBS Greenwich
Capital, Robert W. Baird & Co. Incorporated, Samuel A. Ramirez &
Co. Inc., Santander Investment Securities Inc, Sterne Agee Capital Markets,
Inc., Stifel, Nicolaus & Company, Incorporated, Stone & Youngberg
LLC, Stringfellow, Inc, Suntrust Capital Markets, Inc., SunTrust Robinson
Humphrey, Inc., TD Ameritrade, Inc., The Williams Capital Group, L.P.,
Toussaint Capital Partners, LLC, U.S. Bancorp Investments, Inc., UBS
Securities LLC, Unicredit Capital Markets, Inc, Utendahl Capital Partners,
L.P., Vining-Sparks IBG, Limited Partnership, Wachovia Capital Markets,
LLC, Wachovia Securities, Inc., Wedbush Morgan Securities Inc., Wells Fargo
Securities, LLC, William Blair & Company, LLC, Zions Direct, Inc..
(Attachments: # 1
Exhibit Complaint-Case 08 cv 9063)(Holland, Mark) (Entered: 02/10/2009) |
|
|
02/10/2009 |
MEMORANDUM
OF LAW in Support re: 196 MOTION to
Dismiss the Lousiana Sheriffs' Pension and Relief Fund Complaint in Case
Number 08cv9063 by the Underwriter Defendants.. Document filed by
Morgan Stanley & Co. Incorporated, A.G. Edwards & Sons, Inc., ANZ
Securities, Inc, B.C. Ziegler and Company, Banc of America, Banc of America
Securites, LLC, Countrywide Securities Corporation, Barclays Capital Inc,
BB&T Capital Markets, a division of Scott & Stringfellow, Inc., BBVA
Securities, Inc, Blaylock & Company, Inc, Blaylock Robert Van, LLC, BMO
Capital Markets Corp., BMY Capital Markets, Inc., Cabrera Capital Markets,
LLC, CastleOak Securities L.P, Charles Schwab & Co., Inc., CIBC World
Markets Corp., Citigroup Global Capital Markets Inc., D.A. Davidson &
Co., Davenport & Company LLC, Deutsche Bank Securities Inc., Doley
Securities, LLC, Ferris, Baker Watts, Incorporated, Fidelity Capital
Markets a division of National Financial Services Corp., Fifth Third
Securities, Inc., Fixed Income Securities, LP, Fixed Income Securities,
Inc., Fortis Securities LLC, FTN Financial Securities Corp., Goldman, Sachs
& Co., Greenwich Capital Markets, Inc., H&R Block Financial
Advisors, Inc, HSBC Securities, HVB Capital Markets, Inc., J.B. Hanauer
& Co., J.J.B. Hilliard, W.L. Lyons, Inc., J.P. Morgan Chase, J.P.
Morgan Securities, Jackson Securities LLC, Janney Montgomery Scott LLC,
Jeffries & Company, Inc., KBC Financial Products USA, Inc., Keefe,
Bruyette & Woods, Inc., KeyBanc Capital Markets Inc, Loop Capital
Markets, Mellon Financial Markets, LLC, Mesirow Financial, Inc, Mizuho
Securities USA Inc., Morgan Keegan & Company, Inc., Muriel Seibert
& Co., Inc., nabCapital Securities, LLC, NatCity Investments, Inc,
Natixis Bleichroeder Inc, Oppenheimer & Co., Inc., Pershing LLC, Piper
Jaffray & Co., PNC Capital Markets LLC, Raymond James & Associates,
Inc., RBC Capital Markets Corporation, RBC Dain Rauscher Inc., RBS
Greenwich Capital, Robert W. Baird & Co. Incorporated, Santander
Investment Securities Inc, Sterne Agee Capital Markets, Inc., Stifel,
Nicolaus & Company, Incorporated, Stone & Youngberg LLC,
Stringfellow, Inc, Suntrust Capital Markets, Inc., SunTrust Robinson
Humphrey, Inc., TD Ameritrade, Inc., The Williams Capital Group, L.P.,
Toussaint Capital Partners, LLC, U.S. Bancorp Investments, Inc., UBS
Securities LLC, Unicredit Capital Markets, Inc, Utendahl Capital Partners,
L.P., Vining-Sparks IBG, Limited Partnership, Wachovia Capital Markets,
LLC, Wachovia Securities, Inc., Wedbush Morgan Securities Inc., Wells Fargo
Securities, LLC, William Blair & Company, LLC, Zions Direct, Inc..
(Holland, Mark) (Entered: 02/10/2009) |
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02/10/2009 |
NOTICE
OF APPEARANCE by Michael Richard Young on behalf of Jeffrey N. Edwards (Young,
Michael) (Entered: 02/10/2009) |
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02/11/2009 |
MOTION
for Richard D. Bernstein to Appear Pro Hac Vice. Document filed by Jeffrey
N. Edwards.(dle) (Entered: 02/18/2009) |
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02/13/2009 |
ORDER
FOR ADMISSION PRO HAC VICE OF RICHARD D. BERNSTEIN: granting 88 Motion for
Richard D. Bernstein to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff
on 2/12/2009) (jfe) (Entered: 02/13/2009) |
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02/13/2009 |
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Transmission
to Attorney Admissions Clerk. Transmitted re: 199 Order on
Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for
updating of Attorney Information. (jfe) (Entered: 02/13/2009) |
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02/17/2009 |
OPINION
AND ORDER #97086: For the foregoing reasons, defendants' motions to dismiss
actions 07-Civ-9696 and 08-Civ-6582 for lack of standing is hereby granted.
Clerk to enter judgment dismissing the actions without prejudice to
refiling in the circumstances stated above. So Ordered. (Signed by Judge
Jed S. Rakoff on 2/17/09) Filed In Associated Cases: 1:07-cv-09633-JSR-DFE,
1:08-cv-06582-LBS(js) Modified on 2/18/2009 (mro). (Entered: 02/17/2009) |
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02/17/2009 |
|
Transmission
to Judgments and Orders Clerk. Transmitted re: (23 in 1:08-cv-06582-LBS)
Memorandum & Opinion,, to the Judgments and Orders Clerk. Filed In
Associated Cases: 1:07-cv-09633-JSR-DFE, 1:08-cv-06582-LBS(js) (Entered:
02/17/2009) |
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02/18/2009 |
*VACATED*-
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and
Order dated February 17, 2009, defendants' motion to dismiss actions 07
Civ. 9696 and 08 Civ. 6582 for lack of standing is granted and judgment is
entered dismissing the actions without prejudice to refiling in the
circumstances stated in the Court's Opinion and Order dated February 17,
2009. (JUDGMENT VACATED BY ORDER FILED 3/3/09) (Signed by J. Michael
McMahon, clerk on 2/18/09) (Attachments: # 1 notice of right
to appeal)Filed In Associated Cases: 1:07-cv-09633-JSR-DFE,
1:07-cv-09696-JSR-DFE, 1:08-cv-06582-LBS(ml) Modified on 3/6/2009 (ml).
(Entered: 02/18/2009) |
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02/18/2009 |
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Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 2/18/2009. (mro) (Entered: 02/18/2009) |
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02/19/2009 |
204 |
TRANSCRIPT
of proceedings held on January 20, 2009 before Judge Jed S. Rakoff. (ad)
(Entered: 02/23/2009) |
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02/23/2009 |
ORDER
FOR ADMISSION PRO HAC VICE OF RICHARD D. BERNSTEIN: Richard D. Bernstein is
admitted to practice pro hac vice as counsel for Defendant Jeffrey N.
Edwards in this action. Attorney Richard D. Bernstein for Jeffrey N.
Edwards added. (Signed by Judge Jed S. Rakoff on 2/20/09) (tro) (Entered:
02/23/2009) |
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02/23/2009 |
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Transmission
to Attorney Admissions Clerk. Transmitted re: 203 Order, Add
and Terminate Attorneys, to the Attorney Admissions Clerk for updating of
Attorney Information. (tro) (Entered: 02/23/2009) |
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02/24/2009 |
ORDER:
At oral argument on the pending motions to dismiss the complaint held on
February 19, 2009 in the above captioned matter, the Court scheduled
several dates with respect to the anticipated Amended Complaint and
associated motions to dismiss. Specifically: By February 27, 2009, the
Court will issue a short order stating whether the averments set forth in
the instant Complaint sufficiently sound in fraud as to be subject to the
requirements of F.R.C.P. 9(b); Any Amended Complaint must be filed by March
13, 2009; Defendants' papers in support of any motion to dismiss the
Amended Complaint must be filed by March 27, 2009; Plaintiffs answering
papers in opposition to any motion by defendants to dismiss the Amended
Complaint must be filed by April 10, 2009; No reply papers will be
permitted but the Court will hear oral argument on April 23, 2009 at 4:00
p.m., as set forth herein. By April 30, 2009, the Court will issue a
"bottom line ruling on any motion to dismiss the Amended Complaint
with opinion to follow in due course. (Signed by Judge Jed S. Rakoff on
2/23/2009) (jpo) (Entered: 02/24/2009) |
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02/25/2009 |
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CASHIERS
OFFICE REMARK on 186
Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on
01/22/2009, Receipt Number 675387. (jd) (Entered: 02/25/2009) |
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02/27/2009 |
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Transmission
to Attorney Admissions Clerk. Transmitted re: 186 Order
Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for
updating of Attorney Information. (tve) (Entered: 02/27/2009) |
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03/02/2009 |
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Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 3/2/2009. (mro) (Entered: 03/03/2009) |
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03/03/2009 |
MEMORANDUM
ORDER: On February 17 and 19, 2009, the Court heard oral argument on the
defendants' motions to dismiss the complaint in the above-captioned matter,
which alleges violations of sections 11, 12 and 15 of the Securities Act of
1933. While the Court reserved judgment so as to give plaintiffs the
opportunity to file an Amended Complaint, the Court to give guidance to
plaintiffs' counsel in drafting that complaint, indicated from the bench,
see transcript 2/19/09, and confirmed in the Court's recent scheduling
order dated 2/23/09, that it would provide a determination of whether the
avertments of the present Complaint sufficiently sound in fraud as to be
subject to the heightened pleading standard of Rule 9(b), F.R.C.P. The
Court now determines that the current Complaint is, in fact, subject to
Rule 9(b). Alternatively, even if not asserting fraud, plaintiffs' counsel
may deem it prudent to draft his Amended Complaint with any eye to the requirements
of Rule 9(b). In any event, the Court, as previously indicated, will only
take up the motions to dismiss after the Amended Complaint is filed and the
Court receives the further briefing permitted by its Order of 2/23/09.
(Signed by Judge Jed S. Rakoff on 2/27/09) (tro) Modified on 3/25/2009
(tro). (Entered: 03/04/2009) |
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03/03/2009 |
AMENDED
ORDER OF DISMISSAL: The relief is hereby granted from the Judgment entered
in the Consolidated Derivative Action (07 Civ. 9696), and the Opinion and
Order, and the direction to the Clerk of the Court in the Opinion and Order
to enter judgment in the Consolidated Derivative Action (07 Civ. 9696) and
the Lambrecht Action (08 Civ. 6582), is hereby amended, as follows: (a) The
Opinion and Order is hereby amended to read that " for the reasons
stated in the Court's Opinion and Order dated 2/17/09, defendants' motion
to dismiss Counts I through VIII of the Complaint in the Consolidated
Derivative Action (07 Civ. 9696) only, and the Lambrecht Action (08 Civ.
6582) in its entirety, for lack of standing is granted without prejudice to
refiling in the circumstances stated in the Court's Opinion and Order dated
2/17/09; (b) The Judgment is hereby vacated, and is null and void, nunc pro
tunc; (c) The Clerk is directed to enter an amended judgment dismissing the
Lambrecht Action only, without prejudice to refiling in the circumstances
stated in the Opinion and Order. (Signed by Judge Jed S. Rakoff on 3/3/09)
(tro) (Entered: 03/04/2009) |
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03/03/2009 |
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Transmission
to Judgments and Orders Clerk. Transmitted re: (25 in 1:08-cv-06582-LBS, 76
in 1:07-cv-09696-JSR-DFE) Order of Dismissal, to the Judgments and Orders
Clerk. Filed In Associated Cases: 1:07-cv-09633-JSR-DFE,
1:07-cv-09696-JSR-DFE, 1:08-cv-06582-LBS(tro) (Entered: 03/04/2009) |
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03/03/2009 |
STIPULATION
AND AGREEMENT OR SETTLEMENT : NOW THEREFORE, without any admission or
concession on the part of Lead Plaintiff or Co-Lead Counsel of any lack of
merit in the claims asserted, and without any admission or concession of
any liability or wrongdoing or lack of merit in the defenses whatsoever by
Defendants, it is hereby STIPULATED AND AGREED, by and among the parties to
this Settlement Stipulation, through their respective attorneys, subject to
approval of the District Court pursuant to Rule 23(e) of the Federal Rules
of Civil Procedure, the PSLRA and other conditions set forth herein, in
consideration of the benefits flowing to the parties hereto, that the
Securities Action and all Released Claims as against the Released Parties
(defined below) shall be finally and fully compromised, settled, released
and dismissed, on the merits and with prejudice, in the manner and upon and
subject to the terms and conditions set forth herein. All provisions as set
forth in this order. So Ordered. (Signed by Judge Jed S. Rakoff on 3/2/09)
(js) (Entered: 03/05/2009) |
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03/03/2009 |
ORDER
PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: A hearing (the
"Settlement Fairness Hearing") pursuant to Federal Rule of Civil
Procedure 23(e) is hereby scheduled to be held before the Court on July
27,2009 at 4:00 p.m. Co-Lead Counsel are authorized to establish a Notice
and Administration Fund (as defined in the Settlement Stipulation) in the
initial amount of $2,000,000 to be used for reasonable out-of-pocket costs
in connection with providing notice of the Settlement to the Settlement
Class and for other reasonable out-of-pocket administrative expenses
related to the Notice. Additional amounts may be transferred from the
Settlement Fund to the Notice andAdministration Fund as required for such
purposes but only after express written authorization of the Court. In
order to be entitled to participate in the Net Settlement Fund, as defined
in the Settlement Stipulation, in the event the Settlement is effected in
accordance with all of the terms and conditions thereof, each Settlement
Class Member shall take the following action and be subject to the
following conditions: (a) A properly executed Proof of Claim (the
"Proof of Claim"), substantially in the form attached hereto as
Exhibit 2, must be submitted to the Claims Administrator, at the Post
Office Box specified in the Notice, postmarked not later than September 9,
2009. This deadline may be further extended by Order of the Court. Each
Proof of Claim shall be deemed to have been submitted when postmarked (if
properly addressed and mailed by first class mail) provided the Proof of
Claim is actually received prior to the filing of a motion for an Order of
the Court approving distribution of the Net Settlement Fund. Any Proof of
Claim submitted in any other manner shall be deemed to have been submitted
when it was actually received at the address designated in the Notice.
Settlement Class Members shall be bound by all determinations and judgments
in the Securities Action, whether favorable or unfavorable, unless such
persons request exclusion from the Settlement Class in a timely and proper
manner, as hereinafter provided. A Settlement Class Member wishing to make
such request shall mail the request in written form, by first class mail,
postage prepaid, and postmarked no later than July 6, 2009 to the Post
Office Box address listed in the Notice. The Court will consider comments
and/or objections to the Settlement, the Plan of Allocation, or the award
of attorneys' fees and reimbursement of expenses, only if such comments or
objections and any supporting papers are served on or before July 6, 2009.
All papers in support of the Settlement, the Plan of Allocation and any
application for attorneys' fees or expenses shall be filed and served on
June 26, 2009. In the event that the Settlement is not consummated pursuant
to its terms, the Settlement Stipulation, except as otherwise provided
therein, including any amendment(s) thereto, and this Order Preliminarily
Approving Settlement and Providing For Notice, shall be null and void, of
no further force or effect, and without prejudice to any party, and may not
be introduced as evidence or referred to in any action or proceedings by
any person or entity, and each party shall be restored to his, her or its
respective position as it existed prior to the execution of the Settlement
Stipulation. The Court retains exclusive jurisdiction over the action to
consider all further matters arising out of, or connected with, the
Settlement. ( Settlement Conference set for 7/27/2009 at 04:00 PM before
Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 3/2/2009) (jmi)
(Additional attachment(s) added on 3/9/2009: # 1 exhibits, # 2 exhibits, # 3 exhibits)
(jmi). (Entered: 03/09/2009) |
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03/05/2009 |
ORDER:
Pursuant to the Court's Orders dated February 27, 2009 and March 3, 2009
dismissing the derivative counts in the Derivative Action, 07 Civ. 9696 and
dismissing the Lambrecht Action, 08 Civ. 6582 in its entirety, the Clerk of
the Court is directed to close document numbers 137, 141, 143, 190, 193,
and 196 under master docket number 07 Civ. 9633. So Ordered. (Signed by
Judge Jed S. Rakoff on 3/5/09) Filed In Associated Cases:
1:07-cv-09633-JSR-DFE, 1:08-cv-06582-LBS(js) (Entered: 03/05/2009) |
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03/05/2009 |
ORDER:
As the parties in the above-captioned Securities Action havereached a
preliminary settlement, certain motions previously filedare now moot, and
accordingly, the Clerk of the Court is directed toclose document numbers 4,
8, 11, 46, 53, 58, 65, 72, 74, 76, 79, 82,86, and 102. So Ordered. (Signed
by Judge Jed S. Rakoff on 3/5/09) (js) (Entered: 03/05/2009) |
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03/05/2009 |
ORDER:
As the parties in the above-captioned ERISA Action have reached a
preliminary settlement (subject to court approval), certain motions
previously filed are now moot, and accordingly, the Clerk of the Court is
directed to close document number 110 under docket number 07 Civ. 9633 and
document numbers 2, 6, 9, 23, 24, 52, 59, 66, 85 under docket number 07
Civ. 10268. [ORDER finding as moot (110) Motion to Dismiss in case
1:07-cv-09633-JSR-DFE; finding as moot (23) Motion to Appoint Counsel ;
finding as moot (23) Motion to Appoint ; finding as moot (23) Motion to
Consolidate Cases ; finding as moot (24) Motion to Consolidate Cases ;
finding as moot (52) Motion to Dismiss; finding as moot (59) Motion to
Strike ; finding as moot (66) Motion to Dismiss; finding as moot (2) Motion
to Consolidate Cases ; finding as moot (85) Motion to Withdraw as Attorney.
; finding as moot (6) Motion to Consolidate Cases ; finding as moot (6)
Motion to Appoint Counsel ; finding as moot (6) Motion to Appoint ; finding
as moot (9) Motion to Consolidate Cases ; finding as moot (9) Motion to
Appoint ; finding as moot (9) Motion to Appoint Counsel in case
1:07-cv-10268-JSR-DFE]. (Signed by Judge Jed S. Rakoff on 3/5/09) Filed In
Associated Cases: 1:07-cv-09633-JSR-DFE, 1:07-cv-10268-JSR-DFE(db)
(Entered: 03/05/2009) |
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03/06/2009 |
AMENDED
JUDGMENT amending (201 in 1:07-cv-09633-JSR-DFE, 24 in 1:08-cv-06582-LBS)
Clerk's Judgment, that for the reasons stated in the Court's Opinion and
Order dated February 17, 2009, defendants motions to dismiss the Lambrecht
Action (08 Civ. 6582) for lack of standing is granted, and judgment is
entered dismissing the Lambrecht Action without prejudice to refiling in
the circumstances state in the Court's Opinion and Order dated February 17,
2009. (Signed by J. Michael McMahon, clerk on 3/6/09) (Attachments: # 1 NOTICE OF RIGHT
TO APPEAL)Filed In Associated Cases: 1:07-cv-09633-JSR-DFE,
1:08-cv-06582-LBS(ml) (Entered: 03/06/2009) |
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03/06/2009 |
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CASHIERS
OFFICE REMARK on 203
Order, Add and Terminate Attorneys,, in the amount of $25.00, paid on
02/11/2009, Receipt Number 679129. (jd) (Entered: 03/06/2009) |
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03/13/2009 |
AMENDED
CLASS ACTION COMPLAINT FOR VIOLATIONS OF SECTIONS 11, 12 AND 15 OF THE
SECURITIES ACT OF 1933 against John A. Thain, Merrill Lynch & Co.,
Inc., Ahmass L. Fakahany, Gregory J. Fleming, Jeffrey N. Edwards, Lawrence
A. Tosi, Carol T. Christ, Armando M. Codina, Virgis W. Colbert, Jill K.
Conway, Alberto Cribiore, John D. Finnegan, Judith Mayhew Jonas, David K.
Newbigging, Aulana Peters, Joseph W. Prueher, Ann N. Reese, Charles O.
Rossotti, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup
Global Markets Inc., UBS Securities LLC, Wachovia Capital Markets, LLC, E.
Stanley O'Neal, Aulana L. Peters, Morgan Stanley & Co. Incorporated,
Citigroup Global Capital Markets Inc., Morgan Stanley & Co.
Incorporated, SunTrust Robinson Humphrey, Inc., UBS Securities LLC, Wells
Fargo Securities, LLC.Document filed by Louisiana Sheriffs' Pension and
Relief Fund, Louisiana Municipal Police Employees' Retirement System,
National Electrical Contractors Association - International Brotherhood of
Electrical Workers, Iron Workers Locals 40, 361, 417 Union Security Funds,
Iron Workers Local 580 Joint Funds, City of Pontiac Police and Fire
Retirement System, City of Pontiac General Employees Retirement
System.(dle) (Entered: 03/17/2009) |
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03/16/2009 |
REQUEST
FOR REMOVAL FROM DOCKET AND SERVICE LISTS: Pursuant to Court order dated
8/12/08, Plaintiff David Eidman voluntarily dismissed the action,
08-cv-03392(LBS) against all defendant without prejudice pursuant to F.R.C.P.
41(a)(1). Therefore, Plaintiff Eidman respectfully requests that his
counsel, Mr. Bashian, be removed from the docket and any service lists in
this above captioned case. SO ORDERED. Attorney James Vary Bashian
terminated. (Signed by Judge Jed S. Rakoff on 3/13/09) (tro) (Entered:
03/16/2009) |
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03/17/2009 |
ORDER
PRELIMINARY APPROVING SETTLEMENT, PRELIMINARY CERTIFYING SETTLEMENT CLASS,
APPROVING NOTICE PLAN, AND SETTING FAIRNESS HEARING DATE: The Court
preliminarily finds that the requirements of the United States
Constitution, the Federal Rules of Civil Procedure, the Local Rules of the
United States District Court for the Southern District of New York, and any
other applicable laws have been met as to the "Class" further
defined in this order. The Court preliminarily appoints Named Plaintiffs
Carl Esposito, Barbara Boland, Alan Maltzman, and Mary Gidaro as class
representatives for the Class, and Keller Rohrback L.L.P. and Cohen
Milstein Sellers & Toll PLLC as Co-Lead Counsel for the Class. The
Court preliminarily finds that the proposed Settlement should be approved
as: (a) fair, reasonable and adequate; (b) the product of serious,
informed, arm's-length, and non-collusive negotiations; (c) having no
obvious deficiencies; (d) not improperly granting preferential treatment to
Class representatives or segments of the Class; (e) falling within the
range of possible approval; and (f) warranting notice to Class members of a
formal fairness hearing, at which evidence may be presented in support of
and in opposition to the proposed Settlement. A hearing is scheduled for July
27, 2009 at 4:00 p.m. (the "Fairness Hearing") to determine,
among other things. Reasonable expenses up to $250,000 incurred in
implementing the provisions of paragraph 6 above pertaining to providing
notice of the Settlement, as well as Taxes as provided for in the
Settlement Agreement, shall be paid solely from the Gross Settlement Fund
(including reimbursement to the Co-Lead Counsel from the Gross Settlement
Fund upon notice to Defendants' counsel) pursuant to direction by Co-Lead
Counsel, without further order of this Court. No amount above $250,000
shall be paid from the Gross Settlement Fund for these purposes without
further order of this Court. (Signed by Judge Jed S. Rakoff on 3/16/09)
Filed In Associated Cases: 1:07-cv-09633-JSR-DFE, 1:07-cv-10268-JSR-DFE(mme)
(Entered: 03/17/2009) |
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03/19/2009 |
CORRECTED
AMENDED CLASS ACTION COMPLAINT amending 216 Amended
Complaint,,,, against Heinz-Joachim Neuburger, Merrill Lynch & Co.,
Inc., John A. Thain, Stanley O'Neal, Ahmass L. Fakahany, Gregory J.
Fleming, Jeffrey N. Edwards, Lawrence A. Tosi, Carol T. Christ, Armando M.
Codina, Virgis W. Colbert, Jill K. Conway, Alberto Cribiore, John D.
Finnegan, Judith Mayhew Jonas, David K. Newbigging, Aulana Peters, Joseph
W. Prueher, Ann N. Reese, Charles O. Rossotti, Merrill Lynch, Pierce,
Fenner & Smith Incorporated, Citigroup Global Markets Inc., UBS
Securities LLC, Wachovia Capital Markets, LLC, E. Stanley O'Neal, Aulana L.
Peters, Morgan Stanley & Co. Incorporated, Morgan Stanley & Co.
Incorporated, SunTrust Robinson Humphrey, Inc., UBS Securities LLC, Wells
Fargo Securities, LLC.Document filed by Louisiana Sheriffs' Pension and
Relief Fund, Louisiana Municipal Police Employees' Retirement System,
National Electrical Contractors Association - International Brotherhood of
Electrical Workers, Iron Workers Locals 40, 361, 417 Union Security Funds,
Iron Workers Local 580 Joint Funds, City of Pontiac Police and Fire
Retirement System, City of Pontiac General Employees Retirement System.
Related document: 216
Amended Complaint,,,, filed by City of Pontiac General Employees Retirement
System, City of Pontiac Police and Fire Retirement System, Iron Workers
Local 580 Joint Funds, National Electrical Contractors Association -
International Brotherhood of Electrical Workers, Louisiana Sheriffs'
Pension and Relief Fund, Iron Workers Locals 40, 361, 417 Union Security
Funds, Louisiana Municipal Police Employees' Retirement System.
(Attachments: # 1
Exhibit)(dle) (Additional attachment(s) added on 3/20/2009: # 2 APPENDIX)
(dle). (Entered: 03/19/2009) |
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03/19/2009 |
STIPULATION
AND AGREEMENT OF SETTLEMENT ERISA ACTION (Relates to 07cv10268(JSR)(DFE):
Without any admission or concession on the part ofNamed Plaintiffsof any
lack of merit of the ERISA Action whatsoever, and without any admission or
concession of any liability or wrongdoing or lack of merit in the defenses
whatsoever by Defendants, it is hereby STIPULATED AND AGREED, by and
between the parties to this Stipulation, through their respective counsel,
subject to approval of the Court pursuant to Rule 23(e) ofthe Federal Rules
of Civil Procedure, in consideration of the benefits flowing to the parties
hereto from the Settlement herein set forth, that all Settled Claims (as
defined herein), as against the Released Parties (as defined herein), and
all Settled Defendants' Claims (as defined herein) shall be compromised,
settled, released and dismissed with prejudice, upon and subject to the
following terms andconditions [Listed as
1-10]..................(3)SETTLEMENT CONSIDERATION (3.1) On or before the
tenth (10th) day following the date the Stipulation is fully executed,
Merrill Lynch shall deliver by wire transfer $75,000,000 into an
interest-bearing escrow account established by Co-Lead Counsel for the
Settlement Amount (the "Settlement Fund"). All other details and
conditions are as further set forth in said Order. (Signed by Judge Jed S.
Rakoff on 3/16/09) Filed In Associated Cases: 1:07-cv-09633-JSR-DFE,
1:07-cv-10268-JSR-DFE(db) (Entered: 03/19/2009) |
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03/24/2009 |
NOTICE
OF APPEARANCE by Andrew J. Levander on behalf of John A. Thain (Levander,
Andrew) (Entered: 03/24/2009) |
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03/24/2009 |
NOTICE
OF APPEARANCE by David Scott Hoffner on behalf of John A. Thain (Hoffner,
David) (Entered: 03/24/2009) |
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03/24/2009 |
NOTICE
OF APPEARANCE by Jennie Boehm Krasner on behalf of John A. Thain (Krasner,
Jennie) (Entered: 03/24/2009) |
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03/24/2009 |
STIPULATION
AND ORDER DISMISSING THE TOLLED UNDERWRITERS WITHOUT PREJUDICE; The Tolled
Underwriters are dismissed without prejudice pursuant to Fed. R. Civ. P.
41(a)(2). The dismissal of the Tolled Underwriters shall under no
circumstances be considered a first voluntary dismissal pursuant to Fed. R.
Civ. P. 41(a)(1). IT IS SO ORDERED. (Signed by Judge Jed S. Rakoff on
3/18/2009) (tve) (Entered: 03/24/2009) |
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03/27/2009 |
MOTION
to Dismiss the Corrected Amended Complaint by the Underwriter Defendants.
Document filed by Morgan Stanley & Co. Incorporated, Citigroup Global
Capital Markets Inc., SunTrust Robinson Humphrey, Inc., UBS Securities LLC,
Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC. (Attachments: #
1 Corrected
Amended Complaint, # 2 Appendix to
Corrected Amended Complaint, # 3 Exhibits to
Corrected Amended Complaint)(Holland, Mark) (Entered: 03/27/2009) |
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03/27/2009 |
MEMORANDUM
OF LAW in Support re: 224 MOTION to
Dismiss the Corrected Amended Complaint by the Underwriter Defendants..
Document filed by Morgan Stanley & Co. Incorporated, Citigroup Global
Capital Markets Inc., SunTrust Robinson Humphrey, Inc., UBS Securities LLC,
Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC. (Holland, Mark)
(Entered: 03/27/2009) |
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03/27/2009 |
RULE
7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Morgan Stanley &
Co. Incorporated, Citigroup Global Capital Markets Inc., SunTrust Robinson
Humphrey, Inc., UBS Securities LLC, Wachovia Capital Markets, LLC, Wells
Fargo Securities, LLC.(Holland, Mark) (Entered: 03/27/2009) |
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03/27/2009 |
MOTION
to Dismiss The Corrected Consolidated Amended Complaint. Document
filed by Merrill Lynch & Co., Inc., John A. Thain, Heinz-Joachim
Neuburger, Ahmass L. Fakahany, Gregory J. Fleming, Jeffrey N. Edwards,
Lawrence A. Tosi, Carol T. Christ, Armando M. Codina, Virgis W. Colbert,
Jill K. Conway, David K. Newbigging, Merrill Lynch, Pierce, Fenner &
Smith Incorporated, E. Stanley O'Neal, Alberto Cribiore, John D. Finnegan,
Judith Mayhew Jonas, Joseph W. Prueher, Ann N. Reese, Aulana L. Peters,
Charles O. Rossotti. Responses due by 4/10/2009 Return Date set for
4/23/2009 at 04:00 PM. (Attachments: # 1 ( Corrected
Consolidated Amended Complaint ), # 2 ( Exhibits To
Corrected Consolidated Amended Complaint ), # 3 ( Appendix To
Corrected Consolidated Amended Complaint ))(Kasner, Jay) (Entered:
03/27/2009) |
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03/27/2009 |
MEMORANDUM
OF LAW in Support re: 227 MOTION to
Dismiss The Corrected Consolidated Amended Complaint.. Document
filed by Merrill Lynch & Co., Inc., John A. Thain, Heinz-Joachim
Neuburger, Ahmass L. Fakahany, Lawrence A. Tosi, Armando M. Codina, Jill K.
Conway, David K. Newbigging, Merrill Lynch, Pierce, Fenner & Smith
Incorporated, E. Stanley O'Neal, Gregory J. Fleming, Jeffrey N. Edwards,
Carol T. Christ, Virgis W. Colbert, Alberto Cribiore, John D. Finnegan,
Judith Mayhew Jonas, Joseph W. Prueher, Ann N. Reese, Aulana L. Peters,
Charles O. Rossotti. (Kasner, Jay) (Entered: 03/27/2009) |
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03/27/2009 |
DECLARATION
of Jay B. Kasner in Support re: 227 MOTION to
Dismiss The Corrected Consolidated Amended Complaint.. Document
filed by Merrill Lynch & Co., Inc., John A. Thain, Heinz-Joachim
Neuburger, Ahmass L. Fakahany, Gregory J. Fleming, Lawrence A. Tosi,
Armando M. Codina, Jill K. Conway, David K. Newbigging, Merrill Lynch,
Pierce, Fenner & Smith Incorporated, E. Stanley O'Neal, Jeffrey N.
Edwards, Carol T. Christ, Virgis W. Colbert, Alberto Cribiore, John D.
Finnegan, Judith Mayhew Jonas, Joseph W. Prueher, Ann N. Reese, Aulana L.
Peters, Charles O. Rossotti. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M, # 5 Exhibit N, # 6 Exhibit O, # 7 Exhibit P, # 8 Exhibit Q, # 9 Exhibit R, # 10 Exhibit S, # 11 Exhibit T, # 12 Exhibit U, # 13 Exhibit V, # 14 Exhibit W, # 15 Exhibit X, # 16 Exhibit Y, # 17 Exhibit Z, # 18 Exhibit AA, # 19 Exhibit BB, # 20 Exhibit CC, # 21 Exhibit
DD)(Kasner, Jay) (Entered: 03/27/2009) |
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03/27/2009 |
NOTICE
of Compendium Of Unreported Decisions And Other Authorities Cited In The
Motion Of The Merrill Lynch Defendants And Individual Defendants To Dismiss
The Corrected Consolidated Amended Complaint re: 227 MOTION to
Dismiss The Corrected Consolidated Amended Complaint.. Document
filed by Merrill Lynch & Co., Inc., John A. Thain, Heinz-Joachim
Neuburger, Ahmass L. Fakahany, Lawrence A. Tosi, Armando M. Codina, Jill K.
Conway, David K. Newbigging, Merrill Lynch, Pierce, Fenner & Smith
Incorporated, E. Stanley O'Neal, Gregory J. Fleming, Jeffrey N. Edwards,
Carol T. Christ, Virgis W. Colbert, Alberto Cribiore, John D. Finnegan,
Judith Mayhew Jonas, Joseph W. Prueher, Ann N. Reese, Aulana L. Peters,
Charles O. Rossotti. (Attachments: # 1 ( Tab 1 ), # 2 ( Tab 2 ), # 3 ( Tab 3 ), # 4 ( Tab 4 ), # 5 ( Tab 5 ), # 6 ( Tab 6 ), # 7 ( Tab 7 ), # 8 ( Tab 8 ), # 9 ( Tab 9 ), # 10 ( Tab 10 ), # 11 ( Tab 11 ), # 12 ( Tab 12 ), # 13 ( Tab 13 ), # 14 ( Tab 14 ), # 15 ( Tab 15
))(Kasner, Jay) (Entered: 03/27/2009) |
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04/08/2009 |
ORDER
By letter dated April 3, 2009, Courtroom View Network ("CVN") has
applied to record audio-visual coverage of the hearing on April 23, 2009 at
4:00 PM in the above-captioned matter. If any party has any objection to
the application, counsel for that party must fax to the Court a letter
stating the objections by no later than Monday, April 13, 2009 at 5PM. CVN
must then respond to any such objection by faxing its response to the Court
and counsel for the parties by no later than Friday, April 17, 2009 at 5PM.
(Signed by Judge Jed S. Rakoff on 4/7/09) (mme) (Entered: 04/08/2009) |
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04/10/2009 |
MEMORANDUM
OF LAW in Opposition re: 224 MOTION to
Dismiss the Corrected Amended Complaint by the Underwriter Defendants.,
227 MOTION to
Dismiss The Corrected Consolidated Amended Complaint.. Document
filed by Louisiana Sheriffs' Pension and Relief Fund, Louisiana Municipal
Police Employees' Retirement System, National Electrical Contractors
Association - International Brotherhood of Electrical Workers, Iron Workers
Locals 40, 361, 417 Union Security Funds, Iron Workers Local 580 Joint
Funds, City of Pontiac Police and Fire Retirement System, City of Pontiac
General Employees Retirement System. (Attachments: # 1 Appendix
A)(Lebovitch, Mark) (Entered: 04/10/2009) |
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04/10/2009 |
DECLARATION
of Mark Lebovitch in Opposition re: 224 MOTION to
Dismiss the Corrected Amended Complaint by the Underwriter Defendants.,
227 MOTION to
Dismiss The Corrected Consolidated Amended Complaint.. Document
filed by Louisiana Sheriffs' Pension and Relief Fund, Louisiana Municipal
Police Employees' Retirement System, National Electrical Contractors
Association - International Brotherhood of Electrical Workers, Iron Workers
Locals 40, 361, 417 Union Security Funds, Iron Workers Local 580 Joint
Funds, City of Pontiac Police and Fire Retirement System, City of Pontiac
General Employees 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 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit
13)(Lebovitch, Mark) (Entered: 04/10/2009) |
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04/16/2009 |
235 |
MOTION
to object to settlement offer., MOTION to Intervene as Plaintiffs under
Fed. R. Civ. P. Rule 24(A), 2 24(B). Document filed by Jjonathan Lee
Riches. ( docmt received in dktg for dktg on 4/30/09)(djc) (Entered:
05/06/2009) |
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04/21/2009 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 4/21/2009. (mro) (Entered: 04/24/2009) |
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04/24/2009 |
ORDER.
The Court is in receipt of a motion dated April 1, 2009 by pro se movants
Roxana Saberi, Jonathan Lee Riches, and Alberto Fujimori to intervene
pursuant to Fed. R. Civ. P. Rule 24 in the settlement proceedings related
to the above-captioned matters. Upon review, the Court can discern no
grounds upon which the movants can justify their request to intervene and
therefore finds that the motion lacks any merit. Accordingly, the Court
hereby denies the motion. (Signed by Judge Jed S. Rakoff on 4/23/09);
motion not on file (djc) (Entered: 04/24/2009) |
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05/05/2009 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 5/5/2009. (mro) (Entered: 05/06/2009) |
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05/29/2009 |
NOTICE
OF CHANGE OF ADDRESS by David Steven Preminger on behalf of Mary Gidaro,
Alan Maltzman, Carl Esposito, Barbara Boland. New Address: Keller Rohrback,
L.L.P. (New York office), 770 Broadway, Second Floor, New York, New York,
USA 10003, (646) 495-6198. (Preminger, David) (Entered: 05/29/2009) |
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06/10/2009 |
PROTECTIVE
ORDER...regarding procedures to be followed that shall govern the handling
of confidential material. SO ORDERED. (Signed by Judge Jed S. Rakoff on
6/3/2009) [Filed in related cases 07-cv-10268-JSR-DFE,
08-cv-9063-JSR-DFE.](tve) (Entered: 06/10/2009) |
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06/16/2009 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 6/16/2009. (mro) (Entered: 06/18/2009) |
|
06/22/2009 |
NOTICE
OF CHANGE OF ADDRESS by Mary Kathryn Dulka on behalf of Morgan Stanley
& Co. Incorporated, Citigroup Global Capital Markets Inc., SunTrust
Robinson Humphrey, Inc., UBS Securities LLC, Wachovia Capital Markets, LLC,
Wells Fargo Securities, LLC. New Address: Goodwin Procter LLP, The New York
TImes Building, 620 Eighth Avenue, New York, New York, USA 10018-1405,
212-813-8800. (Dulka, Mary) (Entered: 06/22/2009) |
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|
06/22/2009 |
NOTICE
OF CHANGE OF ADDRESS by Mark Holland on behalf of Morgan Stanley & Co.
Incorporated, Citigroup Global Capital Markets Inc., SunTrust Robinson
Humphrey, Inc., UBS Securities LLC, Wachovia Capital Markets, LLC, Wells
Fargo Securities, LLC. New Address: Goodwin Procter LLP, The New York
Times, 620 Eighth Avenue, New York, New York, USA 10018-1045, 212-813-8800.
(Holland, Mark) (Entered: 06/22/2009) |
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06/25/2009 |
|
Minute
Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference
held on 6/25/2009. (tro) (Entered: 06/29/2009) |
|
06/26/2009 |
MOTION
for Settlement Notice of Lead Plaintiffs Motion and Motion for Final
Approval of Class Action Settlement and Certification of the Settlement
Class. Document filed by State Teachers Retirement System of Ohio.(Fox,
Frederic) (Entered: 06/26/2009) |
|
|
06/26/2009 |
MEMORANDUM
OF LAW in Support re: 240 MOTION for
Settlement Notice of Lead Plaintiffs Motion and Motion for Final
Approval of Class Action Settlement and Certification of the Settlement
Class.. Document filed by State Teachers Retirement System of Ohio.
(Fox, Frederic) (Entered: 06/26/2009) |
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|
06/26/2009 |
MOTION
Notice of Lead Plaintiffs Motion and Motion for Approval of Plan of
Allocation of Settlement Proceeds. Document filed by State Teachers
Retirement System of Ohio.(Fox, Frederic) (Entered: 06/26/2009) |
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|
06/26/2009 |
MEMORANDUM
OF LAW in Support re: 242 MOTION Notice
of Lead Plaintiffs Motion and Motion for Approval of Plan of Allocation of
Settlement Proceeds.. Document filed by State Teachers Retirement
System of Ohio. (Fox, Frederic) (Entered: 06/26/2009) |
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|
06/26/2009 |
MOTION
for Attorney Fees Notice of Motion and Motion of Co-Lead Counsel for an
Award of Attorneys Fees and Reimbursement of Expenses. Document filed
by State Teachers Retirement System of Ohio.(Fox, Frederic) (Entered:
06/26/2009) |
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|
06/26/2009 |
MEMORANDUM
OF LAW in Support re: 244 MOTION for
Attorney Fees Notice of Motion and Motion of Co-Lead Counsel for an
Award of Attorneys Fees and Reimbursement of Expenses.. Document filed
by State Teachers Retirement System of Ohio. (Fox, Frederic) (Entered:
06/26/2009) |
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|
06/26/2009 |
DECLARATION
of Frederic S. Fox, Lawrence J. Lederer, and M. Richard Komins in Support
re: 240 MOTION
for Settlement Notice of Lead Plaintiffs Motion and Motion for Final
Approval of Class Action Settlement and Certification of the Settlement
Class., 242
MOTION Notice of Lead Plaintiffs Motion and Motion for Approval of Plan
of Allocation of Settlement Proceeds., 244 MOTION for
Attorney Fees Notice of Motion and Motion of Co-Lead Counsel for an
Award of Attorneys Fees and Reimbursement of Expenses.. Document filed
by State Teachers Retirement System of Ohio. (Attachments: # 1 Appendix of
Exhibits (Part 1), # 2 Appendix of
Exhibits (Part 2), # 3 Appendix of
Exhibits (Part 3), # 4 Appendix of
Exhibits (Part 4), # 5 Appendix of
Exhibits (Part 5), # 6 Appendix of
Exhibits (Part 6), # 7 Appendix of
Exhibits (Part 7), # 8 Appendix of
Exhibits (Part 8))(Fox, Frederic) (Entered: 06/26/2009) |
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06/26/2009 |
DECLARATION
of Charles E. Ferrara in Support re: 240 MOTION for
Settlement Notice of Lead Plaintiffs Motion and Motion for Final
Approval of Class Action Settlement and Certification of the Settlement
Class., 242
MOTION Notice of Lead Plaintiffs Motion and Motion for Approval of Plan
of Allocation of Settlement Proceeds., 244 MOTION for
Attorney Fees Notice of Motion and Motion of Co-Lead Counsel for an
Award of Attorneys Fees and Reimbursement of Expenses.. Document filed
by State Teachers Retirement System of Ohio. (Fox, Frederic) (Entered:
06/26/2009) |
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|
06/26/2009 |
DECLARATION
of R. Alan Miller in Support re: 240 MOTION for
Settlement Notice of Lead Plaintiffs Motion and Motion for Final
Approval of Class Action Settlement and Certification of the Settlement
Class., 242
MOTION Notice of Lead Plaintiffs Motion and Motion for Approval of Plan
of Allocation of Settlement Proceeds., 244 MOTION for
Attorney Fees Notice of Motion and Motion of Co-Lead Counsel for an
Award of Attorneys Fees and Reimbursement of Expenses.. Document filed
by State Teachers Retirement System of Ohio. (Fox, Frederic) (Entered:
06/26/2009) |
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|
06/26/2009 |
DECLARATION
of Dennis P. Smith in Support re: 240 MOTION for
Settlement Notice of Lead Plaintiffs Motion and Motion for Final
Approval of Class Action Settlement and Certification of the Settlement
Class., 242
MOTION Notice of Lead Plaintiffs Motion and Motion for Approval of Plan
of Allocation of Settlement Proceeds., 244 MOTION for
Attorney Fees Notice of Motion and Motion of Co-Lead Counsel for an
Award of Attorneys Fees and Reimbursement of Expenses.. Document filed
by State Teachers Retirement System of Ohio. (Fox, Frederic) (Entered:
06/26/2009) |
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|
06/26/2009 |
DECLARATION
of William J. Neville in Support re: 240 MOTION for
Settlement Notice of Lead Plaintiffs Motion and Motion for Final
Approval of Class Action Settlement and Certification of the Settlement
Class., 242
MOTION Notice of Lead Plaintiffs Motion and Motion for Approval of Plan
of Allocation of Settlement Proceeds., 244 MOTION for
Attorney Fees Notice of Motion and Motion of Co-Lead Counsel for an
Award of Attorneys Fees and Reimbursement of Expenses.. Document filed
by State Teachers Retirement System of Ohio. (Fox, Frederic) (Entered:
06/26/2009) |
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|
06/26/2009 |
DECLARATION
of Bill S. McIntyre in Support re: 240 MOTION for
Settlement Notice of Lead Plaintiffs Motion and Motion for Final
Approval of Class Action Settlement and Certification of the Settlement
Class., 242
MOTION Notice of Lead Plaintiffs Motion and Motion for Approval of Plan
of Allocation of Settlement Proceeds., 244 MOTION for
Attorney Fees Notice of Motion and Motion of Co-Lead Counsel for an
Award of Attorneys Fees and Reimbursement of Expenses.. Document filed
by State Teachers Retirement System of Ohio. (Fox, Frederic) (Entered:
06/26/2009) |
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06/26/2009 |
CERTIFICATE
OF SERVICE. Document filed by State Teachers Retirement System of Ohio.
(Fox, Frederic) (Entered: 06/26/2009) |
|
|
06/26/2009 |
MOTION
for Settlement for Final Approval of Class Action Settlement and Plan of
Allocation. Document filed by Mary Gidaro, Alan Maltzman, Carl
Esposito, Barbara Boland. (Attachments: # 1 Text of
Proposed Order)(Sarko, Lynn) (Entered: 06/26/2009) |
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06/26/2009 |
MEMORANDUM
OF LAW in Support re: 253 MOTION for
Settlement for Final Approval of Class Action Settlement and Plan of
Allocation.. Document filed by Mary Gidaro, Alan Maltzman, Carl
Esposito, Barbara Boland. (Sarko, Lynn) (Entered: 06/26/2009) |
|
|
06/26/2009 |
MOTION
for Attorney Fees , Expenses, and Case Contribution Awards. Document
filed by Mary Gidaro, Alan Maltzman, Carl Esposito, Barbara Boland.(Sarko,
Lynn) (Entered: 06/26/2009) |
|
|
06/26/2009 |
MEMORANDUM
OF LAW in Support re: 255 MOTION for
Attorney Fees , Expenses, and Case Contribution Awards.. Document
filed by Mary Gidaro, Alan Maltzman, Carl Esposito, Barbara Boland. (Sarko,
Lynn) (Entered: 06/26/2009) |
|
|
06/26/2009 |
DECLARATION of Lynn L. Sarko and Marc I. Machiz in Support re: 255 MOTION for Attorney Fees , Expenses, and Case Contribution Awards., 253 MOTION for Settlement for Final Approval of Class Action Settlement and Plan of Allocation.. Document filed by Mary Gidaro, Alan Maltzman, Carl Esposito, Barbara Boland. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # |