US District Court Civil Docket as of December 23, 2009

Retrieved from the court on January 20, 2010

United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:08-cv-10119-RGS


In re American Dental Partners, Inc. Securities Litigation
Assigned to: Judge Richard G. Stearns

related Cases: 

1:08-cv-10410-RGS

1:08-cv-10169-RGS

1:08-cv-10230-RGS

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


Date Filed: 01/25/2008
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Consolidated Plaintiff

 

W.K. Downey

represented by

Megan D. McIntyre
Grant & Eisenhofer PA
1201 N. Market Street
Chase Manhattan Centre
Wilmington , DE 19801
302-622-7000
Fax: 302-622-7100
Email: mmcintyre@gelaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

David Pastor
Gilman and Pastor, LLP
63 Atlantic Avenue
3rd Floor
Boston , MA 02110
617-742-9700
Fax: 617-742-9701
Email: dpastor@gilmanpastor.com
ATTORNEY TO BE NOTICED

Consolidated Plaintiff

Frederick J. Johnston
individually and on behalf of all others similary situated

represented by

Megan D. McIntyre
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Peter A. Lagorio
Law Office of Peter A. Lagorio
63 Atlantic Avenue
Boston , MA 02110
617-367-4200
Fax: 617-227-3384
Email: plagorio@lagoriolaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Steven M. Taylor
Clark, Hunt, Ahern & Embry
55 Cambridge Parkway
Cambridge , MA 02142
617-494-1920
Fax: 617-494-1921
Email: staylor@chelaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Consolidated Plaintiff

E. James Monihan

represented by

Leslie R. Stern
Berman DeValerio Pease Tabacco Burt & Pucillo
One Liberty Square
8th Floor
Boston , MA 02109
617/542-8300
Fax: 617-542-1154
Email: lstern@bermanesq.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff

Michael Oliphant

represented by

Megan D. McIntyre
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Thomas G. Shapiro
Shapiro Haber & Urmy LLP
53 State Street
Boston , MA 02108
617-439-3939
Fax: 617-439-0134
Email: tshapiro@shulaw.com
TERMINATED: 06/18/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Adam M. Stewart
Shapiro Haber & Urmy LLP
53 State Street
37th Floor
Boston , MA 02109
617-439-3939
Fax: 617-439-0134
Email: astewart@shulaw.com
TERMINATED: 06/05/2008
ATTORNEY TO BE NOTICED

Plaintiff

Operating Engineers Construction Industry and Miscellaneous Pension Fund

represented by

Hung G. Ta
Grant Eisenhofer PA
29th floor
485 Lexington Avenue
New York , NY 10017
646-722-8527
Fax: 646-722-8501
Email: hta@gelaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Megan D. McIntyre
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Stuart M. Grant
Grant & Eisenhofer, P.A.
1201 North Market Street
Wilmington , DE 19801
302-622-7000
Fax: 302-622-7100
Email: sgrant@gelaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


V.

Defendant

Gregory A Serrano

represented by

Bonnie S McGuire
Ropes & Gray LLP
One International Place
Boston , MA 02110
617-951-7949
Fax: 617-951-7050
Email: bmcguire@ropesgray.com
ATTORNEY TO BE NOTICED

Michelle L. Visser
Ropes & Gray LLP
One International Place
Boston , MA 02110
617-951-7349
Fax: 617-235-9306
Email: michelle.visser@ropesgray.com
ATTORNEY TO BE NOTICED

Defendant

Breht T Feigh

represented by

Bonnie S McGuire
(See above for address)
ATTORNEY TO BE NOTICED

Michelle L. Visser
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

Mark W. Vargo

represented by

Bonnie S McGuire
(See above for address)
ATTORNEY TO BE NOTICED

Michelle L. Visser
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

American Dental Partners, Inc

represented by

Bonnie S McGuire
(See above for address)
ATTORNEY TO BE NOTICED

Michelle L. Visser
(See above for address)
ATTORNEY TO BE NOTICED

Movant

Frederick J. Johnston

represented by

Peter A. Lagorio
(See above for address)
ATTORNEY TO BE NOTICED

 

Date Filed

#

Docket Text

01/25/2008

1 

COMPLAINT against Gregory A Serrano, Breht T Feigh, Mark W. Vargo, American Dental Partners, Inc Filing fee: $ 350, receipt number 01010000000001825366, filed by Michael Oliphant. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Category Sheet)(Shapiro, Thomas) (Entered: 01/25/2008)

01/25/2008

2 

NOTICE of Appearance by Adam M. Stewart on behalf of Michael Oliphant (Stewart, Adam) (Entered: 01/25/2008)

01/25/2008

 

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Bowler (Sonnenberg, Elizabeth) (Entered: 01/25/2008)

01/25/2008

3 

Summons Issued as to Gregory A Serrano, Breht T Feigh, Mark W. Vargo, American Dental Partners, Inc. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Sonnenberg, Elizabeth) (Entered: 01/25/2008)

01/28/2008

 

ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund, for $350.00 paid on 01/25/2008, receipt number 01010000000001824708. (Adam, Lucien) (Entered: 01/28/2008)

02/15/2008

4 

STIPULATION to accept service and to extend time to respond to Plaintiff's complaint by Gregory A Serrano, Breht T Feigh, Mark W. Vargo, American Dental Partners, Inc. (Ropple, Lisa) (Entered: 02/15/2008)

02/15/2008

5 

SUMMONS Returned Executed Gregory A Serrano served on 2/15/2008, answer due 3/6/2008; Breht T Feigh served on 2/15/2008, answer due 3/6/2008; Mark W. Vargo served on 2/15/2008, answer due 3/6/2008; American Dental Partners, Inc served on 2/5/2008, answer due 2/25/2008. (Shapiro, Thomas) (Entered: 02/15/2008)

02/20/2008

 

Judge Judge Richard G. Stearns: ELECTRONIC ENDORSEMENT re 4 Stipulation filed by Mark W. Vargo, Breht T Feigh, American Dental Partners, Inc, Gregory A Serrano "Approved." (Flaherty, Elaine) (Entered: 02/20/2008)

03/31/2008

6 

MOTION to Consolidate Cases and appoint lead plaintiff and lead counsel, MOTION to Appoint Counsel ( Responses due by 4/14/2008) by Frederick J. Johnston. (Attachments: # 1 Memo in supoort of motion of Frederick Johnston for Consolidation of Related Action, Appointment as lead plaintiff and approval of lead plaintiff's selection of lead counsel, # 2 Affidavit Declaraion of Lionel Glancey, # 3 Text of Proposed Order)(Lagorio, Peter) (Entered: 03/31/2008)

03/31/2008

7 

MOTION to Consolidate Cases Appointment of Lead Plaintiff, and Approval of its Selection of Lead Counsel by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Text of Proposed Order)(Grant, Stuart) (Entered: 03/31/2008)

03/31/2008

8 

MEMORANDUM in Support re 7 MOTION to Consolidate Cases Appointment of Lead Plaintiff, and Approval of its Selection of Lead Counsel filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Grant, Stuart) (Entered: 03/31/2008)

03/31/2008

9 

DECLARATION re 7 MOTION to Consolidate Cases Appointment of Lead Plaintiff, and Approval of its Selection of Lead Counsel, 8 Memorandum in Support of Motion by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, Part I, # 4 Exhibit C, Part II, # 5 Exhibit D)(Grant, Stuart) (Entered: 03/31/2008)

04/15/2008

10 

MEMORANDUM in Opposition re 7 MOTION to Consolidate Cases Appointment of Lead Plaintiff, and Approval of its Selection of Lead Counsel, 6 MOTION to Consolidate Cases and appoint lead plaintiff and lead counsel MOTION to Appoint Counsel filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Grant, Stuart) (Entered: 04/15/2008)

05/02/2008

 

Judge Richard G. Stearns: Electronic ORDER entered granting 6 Motion to Consolidate Cases; reserving ruling on 6 Motion to Appoint Counsel ; reserving ruling on 7 Motion to to appoint lead counsel granting 7 motion to consolidate (Flaherty, Elaine) (Entered: 05/02/2008)

05/05/2008

 

ELECTRONIC NOTICE of Hearing on Motion (7 in 1:08-cv-10119-RGS) MOTION to Consolidate Cases Appointment of Lead Plaintiff, and Approval of its Selection of Lead Counsel, (6 in 1:08-cv-10119-RGS) MOTION to Consolidate Cases and appoint lead plaintiff and lead counsel MOTION to Appoint Counsel, (6 in 1:08-cv-10169-RGS) MOTION to Consolidate Cases Appointment of Lead Plaintiff, and Approval of its Selection of Lead Counsel, (5 in 1:08-cv-10169-RGS) MOTION to Consolidate Cases appoint lead plaintiff and lead counsel MOTION to Appoint Counsel, (6 in 1:08-cv-10410-RGS) MOTION to Consolidate Cases and appoint lead plaintiff and lead counsel MOTION to Appoint Counsel : Motion Hearing set for 6/5/2008 03:15 PM in Courtroom 21 before Judge Richard G. Stearns. Associated Cases: 1:08-cv-10119-RGS, 1:08-cv-10169-RGS, 1:08-cv-10410-RGS(Johnson, Mary) (Entered: 05/05/2008)

05/23/2008

11 

MOTION for Leave to Appear Pro Hac Vice for admission of Megan D. McIntyre by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Motion to Admit Counsel Pro Hac Vice, # 2 Affidavit Affidavit of Stuart M. Grant in Support of Motion to Admit Counsel Pro Hac Vice, # 3 Affidavit Affidavit of Megan D. McIntyre in Support of Motion to Admit Counsel Pro Hac Vice, # 4 Exhibit Certificate of Good Standing, # 5 Exhibit Certificate of Service)(Grant, Stuart) (Entered: 05/23/2008)

05/28/2008

12 

NOTICE by Frederick J. Johnston re 6 MOTION to Consolidate Cases and appoint lead plaintiff and lead counsel MOTION to Appoint Counsel To Withdraw Motion of Frederick J. Johnston for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel (Lagorio, Peter) (Entered: 05/28/2008)

05/29/2008

13 

Judge Richard G. Stearns: ORDER entered. re 6 granting MOTION to Consolidate Cases and appoint lead plaintiff and lead counsel Operating Engineers Construction Industry and Miscellaneous Pension Fund, ENTERED. (Flaherty, Elaine) (Entered: 05/29/2008)

05/30/2008

 

Motions terminated: 6 MOTION to Consolidate Cases and appoint lead plaintiff and lead counsel MOTION to Appoint Counsel filed by Frederick J. Johnston, 7 MOTION to Consolidate Cases Appointment of Lead Plaintiff, and Approval of its Selection of Lead Counsel filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund, 11 MOTION for Leave to Appear Pro Hac Vice for admission of Megan D. McIntyre filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Flaherty, Elaine) (Entered: 05/30/2008)

06/02/2008

 

ELECTRONIC NOTICE Cancelling Hearing. Hearing cancelled: hearing of June 5, 2008 is hereby cancelled.Associated Cases: 1:08-cv-10119-RGS, 1:08-cv-10169-RGS, 1:08-cv-10410-RGS(Johnson, Mary) (Entered: 06/02/2008)

06/03/2008

14 

NOTICE of Withdrawal of Appearance by Adam M. Stewart (Stewart, Adam) (Entered: 06/03/2008)

06/03/2008

15 

NOTICE of Withdrawal of Appearance by Thomas G. Shapiro (Shapiro, Thomas) (Entered: 06/03/2008)

06/06/2008

 

Filing fee/payment: $ 50.00, receipt number BST004006 for 11 MOTION for Leave to Appear Pro Hac Vice for admission of Megan D. McIntyre (Russo, Patricia) (Entered: 06/06/2008)

09/29/2008

16 

AMENDED COMPLAINT against all defendants /Consolidated Class Action Complaint (CORRECTED), filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit A: Supplemental Certification, # 2 Certificate of Service)(Grant, Stuart) (Entered: 09/29/2008)

11/25/2008

17 

STIPULATION by Operating Engineers Construction Industry and Miscellaneous Pension Fund, Gregory A Serrano, Breht T Feigh, Mark W. Vargo, American Dental Partners, Inc. (McGuire, Bonnie) (Entered: 11/25/2008)

12/04/2008

18 

Joint MOTION for Leave to File Excess Pages by Operating Engineers Construction Industry and Miscellaneous Pension Fund, Gregory A Serrano, Breht T Feigh, Mark W. Vargo, American Dental Partners, Inc.(McGuire, Bonnie) (Entered: 12/04/2008)

12/04/2008

 

Judge Richard G. Stearns: Electronic ORDER entered granting 18 Motion for Leave to File Excess Pages. (Johnson, Mary) (Entered: 12/04/2008)

12/05/2008

19 

MOTION to Dismiss by Gregory A Serrano, Breht T Feigh, Mark W. Vargo, American Dental Partners, Inc.(McGuire, Bonnie) (Entered: 12/05/2008)

12/05/2008

20 

MEMORANDUM in Support re 19 MOTION to Dismiss filed by Gregory A Serrano, Breht T Feigh, Mark W. Vargo, American Dental Partners, Inc. (Attachments: # 1 Memorandum of Law in Support of Defendants' Motion to Dismiss (Part 2), # 2 Exhibit Notice of Filing Exhibits with the Clerk's Office)(McGuire, Bonnie) (Additional attachment(s) added on 12/16/2008: # 3 corrected memo main document part one, # 4 corrected memorandum part two) (Flaherty, Elaine). (Entered: 12/05/2008)

12/09/2008

21 

MOTION for Leave to Appear Pro Hac Vice for admission of Hung G. Ta by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit of Stuart M. Grant, # 3 Affidavit of Hung G. Ta, # 4 Exhibit 1 to Affidavit of Hung G. Ta, # 5 Certificate of Service)(Grant, Stuart) (Entered: 12/09/2008)

12/12/2008

 

Filing fee/payment: $ 50., receipt number BST007671 for 21 MOTION for Leave to Appear Pro Hac Vice for admission of Hung G. Ta (Gawlik, Cathy) (Entered: 12/12/2008)

12/12/2008

 

Judge Richard G. Stearns: Electronic ORDER entered granting 21 Motion for Leave to Appear Pro Hac Vice; Added Hung G. Ta for Operating Engineers Construction Industry and Miscellaneous Pension Fund. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms. (Flaherty, Elaine) (Entered: 12/12/2008)

01/08/2009

 

Judge Richard G. Stearns: Electronic ORDER entered treating parties' Nov. 25, 2008 stipulation as a motion for extension of time. Any opposition to motion to dismiss must be filed on or before January 30, 2009. (Zierk, Marsha) (Entered: 01/08/2009)

01/30/2009

22 

Opposition re 19 MOTION to Dismiss Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 2 Exhibit A to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 3 Exhibit B to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 4 Exhibit C to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 5 Exhibit D to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 6 Exhibit E to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 7 Exhibit F to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 8 Exhibit G to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 9 Exhibit H to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 10 Exhibit I to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 11 Exhibit J to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 12 Exhibit K to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 13 Exhibit L to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 14 Exhibit M to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 15 Exhibit N to Declaration of Megan D. McIntyre in Opposition to Defendants' Motion to Dismiss, # 16 Certificate of Service)(Grant, Stuart) (Entered: 01/30/2009)

02/11/2009

 

ELECTRONIC NOTICE of Hearing on Motion 19 MOTION to Dismiss : Motion Hearing set for 4/2/2009 at 02:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary) (Entered: 02/11/2009)

03/27/2009

23 

MOTION for Leave to File A Reply by American Dental Partners, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Visser, Michelle) (Entered: 03/27/2009)

03/30/2009

24 

RESPONSE to Motion re 23 MOTION for Leave to File A Reply Lead Plaintiff's Response in Opposition to Defendants' Motion for Leave to File a Reply filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Ta, Hung) (Entered: 03/30/2009)

04/01/2009

 

Judge Richard G. Stearns: Electronic ORDER entered denying as untimely 23 Motion for Leave to File a Reply. (RGS, law2) (Entered: 04/01/2009)

04/02/2009

 

Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: denying 19 Motion to Dismiss; Motion Hearing held on 4/2/2009 re 19 MOTION to Dismiss filed by Mark W. Vargo, Breht T. Feigh, American Dental Partners, Inc., Gregory A. Serrano. After hearing, the motion to dismiss is DENIED by the court in an oral ruling. The court notes that the PSLRA does not alter the standard to be applied on a motion to dismiss; while a plaintiff must show a strong inference of scienter, all inferences are nonetheless drawn in plaintiff's favor. Aldridge v. A.T. Cross Corp., 284 F.3d 72, 78 (1st Cir. 2002). The court finds that as pled, defendants' public disclosures of ongoing litigation were not predictions, but were misrepresentations concealing adverse facts then known to defendants. In re Credit Suisse First Boston Corp., 431 F.3d 36, 47 (1st Cir. 2005). The court further notes the impact of Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007), on the import of equally compelling inferences. The court finds all other elements of a Section 10(b) and Rule 10b-5 action to be adequately pled. Dura Pharm., Inc. v. Broudo, 544 U.S. 336 (2005). Finally, the court notes that scienter need not be pled under the rigorous standards of the PSLRA to state a claim under Section 20(a). In re Stone & Webster, Inc. Sec. Litig., 414 F.3d 187, 194 (1st Cir. 2005). The parties shall file a joint proposed discovery order within 20 days of today's date. SO ORDERED. (Court Reporter: J. Gibbons.)(Attorneys present: Ta, McIntyre (for plaintiff); Donovan, Ropple (for defendants)) (RGS, law2) (Entered: 04/02/2009)

04/22/2009

25 

JOINT SUBMISSION pursuant to Local Rule 16.1 by Gregory A Serrano, Breht T Feigh, Mark W. Vargo, American Dental Partners, Inc.(McGuire, Bonnie) (Entered: 04/22/2009)

04/23/2009

26 

MOTION for Hearing by Gregory A Serrano, Breht T Feigh, Mark W. Vargo, American Dental Partners, Inc.(McGuire, Bonnie) (Entered: 04/23/2009)

05/07/2009

 

Judge Richard G. Stearns: Electronic ORDER entered granting 26 Motion for Hearing. "A Notice of Scheduling Conference will be issued under separate cover". (Johnson, Mary). (Entered: 05/07/2009)

05/08/2009

27 

NOTICE of Scheduling Conference entered: Scheduling Conference set for 6/5/2009 at 03:45 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary). (Entered: 05/08/2009)

05/08/2009

 

Notice of correction to docket made by Court staff. Correction: the word "electronic" was deleted from the docket. corrected because: it was not an electronic order. It has been corrected on the docket. (Johnson, Mary) (Entered: 05/08/2009)

05/28/2009

28 

ANSWER to 16 Amended Complaint, by Gregory A Serrano, Breht T Feigh, Mark W. Vargo, American Dental Partners, Inc.(Visser, Michelle) (Entered: 05/28/2009)

06/03/2009

29 

Transcript of Motion to Dismiss Hearing held on April 2, 2009, before Judge Stearns. Court Reporter: James P. Gibbons at jmsgibbons@yahoo.com. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 6/22/2009. Redacted Transcript Deadline set for 7/1/2009. Release of Transcript Restriction set for 8/31/2009. (Scalfani, Deborah) (Entered: 06/03/2009)

06/03/2009

30 

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 06/03/2009)

06/05/2009

 

Clerk's Notes for proceedings held before Judge Richard G. Stearns: Scheduling Conference held on 6/5/2009. Attorneys Grant and McIntyre appeared on behalf of plaintiffs; Attorneys Donovan, Visser, Rupple, and McGuire appeared for the defendants. The court declines to bifucate discovery and adopts the schedule proposed by plaintiffs - All document requests must be served no later than September 1, 2009; fact depositions commence after September 14, 2009; parties (with burden) shall designate all subject matters as to which it intends to adduce expert testimony by November 2, 2009; any amendments to the consolidated Class Action Complaint by November 2, 2009; December 1, 2009, is the last date to serve interrogatories; parties must make their counter-designations as to expert witnesses by December 4, 2009; all fact discovery must be completed by January 15, 2009; expert reports served by January 29, 2009; rebuttal reports served by March 1, 2010; completion of expert discovery by April 1, 2010; Plaintiffs must file for class certification no later than April 15, 2010, Opposition to the class certification motion filed by May 31, 2010, with any Reply brief due by June 28, 2010. Any motion for summary judgment must be filed by June 15, 2010, with Opposition filed by July 30, 2010, and any Reply brief filed by August 30, 2010. The court's declination to bifurcate the discovery schedule is without prejudice to the defendants to file when ready a challenge to plaintiffs' ability to certify a class. (Zierk, Marsha) (Entered: 06/05/2009)

06/16/2009

 

Set/Reset Deadlines: all documents requests 9/1/09. Fact depositions 9/14/09. Parties shall designate all subject matters as to which it intends to adduce expert testimony 11/2/09. Expert reports 1/29/10; rebuttals 3/1/10 Any amendments to consolidated Class Action Complaint by 11/2/09. Serve interrogatories 12/1/09. Complete expert discovery by 4/1/10. Plaintiff must file for class certification motion by 4/15/10; oppositions 3/31/10; repy 6/28/10.Fact Discovery to be completed by 1/15/2010. Summary Judgment Motions due by 6/15/2010; opposition due 7//30/2010; replies 8/30/10. (Flaherty, Elaine) (Entered: 06/16/2009)

06/29/2009

31 

STIPULATION and Order of Confidentiality by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Grant, Stuart) (Entered: 06/29/2009)

06/30/2009

32 

Judge Richard G. Stearns: ORDER entered. STIPULATION AND ORDER of Confidentiality, ENTERED.(Flaherty, Elaine) (Entered: 07/02/2009)

12/15/2009

33 

SETTLEMENT AGREEMENT by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit A to Settlement Agreement, # 2 Exhibit 1 to Exhibit A to Settlement Agreement, # 3 Exhibit 2 to Exhibit A to Settlement Agreement, # 4 Exhibit 3 to Exhibit A to Settlement Agreement, # 5 Exhibit B to Settlement Agreement)(McIntyre, Megan) (Entered: 12/15/2009)

12/15/2009

34 

Consent MOTION for Settlement , For Preliminary Class Certification, Preliminary Approval Of Proposed Settlement, Approval Of Form And Manner Of Notice, And Setting Of Final Fairness Hearing by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Text of Proposed Order of Preliminary Approval, # 2 Exhibit 1 to Proposed Order of Preliminary Approval, # 3 Exhibit 2 to Proposed Order of Preliminary Approval, # 4 Exhibit 3 to Proposed Order of Preliminary Approval)(McIntyre, Megan) (Entered: 12/15/2009)

12/15/2009

35 

MEMORANDUM in Support re 34 Consent MOTION for Settlement , For Preliminary Class Certification, Preliminary Approval Of Proposed Settlement, Approval Of Form And Manner Of Notice, And Setting Of Final Fairness Hearing filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund. (McIntyre, Megan) (Entered: 12/15/2009)

12/22/2009

 

Judge Richard G. Stearns: Electronic ORDER entered granting 34 Motion for preliminary class certification, preliminary approval of proposed settlement, approval of form and manner of notice and setting of final fairness hearing. (Seelye, Terri) (Entered: 12/23/2009)

12/22/2009

36 

Judge Richard G. Stearns: ORDER of Preliminary Approval entered. re 35 , 34 (Seelye, Terri) (Entered: 12/23/2009)

12/23/2009

 

ELECTRONIC NOTICE of Hearing : A "Fairness" Hearing is set for 3/18/2010 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. re: 36 (Seelye, Terri) (Entered: 12/23/2009)

 

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