US District Court Civil Docket as of 07/21/2011
Retrieved from the court on
July 27, 2011

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:08-cv-03758-VM -JCF


Cornwell et al v. Credit Suisse Group et al
Assigned to: Judge Victor Marrero
Referred to: Magistrate Judge James C. Francis
Member case:

    1:08-cv-05000-VM

 

Related Case: 

1:08-cv-05000-VM

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


Date Filed:
04/21/2008
Date Terminated:
07/20/2011
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Lead Plaintiff

 

Kevin Cornwell
Individually and On Behalf of All Others Similarly Situated

represented by

Bernard M. Gross
The Law Office of Bernard M. Gross, P.C.
100 Penn Square East
Suite 450
Juniper and Market Streets
Philadelphia, PA 19107
(215) 561-3600
Fax: (215) 561-3000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Darren J. Robbins
Robbins Geller Rudman & Dowd LLP (SANDIEGO)
655 West Broadway
Suite 1900
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: e_file_sd@lerachlaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

David Avi Rosenfeld
Robbins Geller Rudman & Dowd LLP(LI)
58 South Service Road
Suite 200
Melville, NY 11747
631-367-7100
Fax: 631-367-1173
Email: drosenfeld@csgrr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David C. Walton
Coughlin, Stoia, Geller, Rudman & Robbins, L.L.P.
655 W. Broadway
Suite 1900
San Diego, CA 92101-3301
619-231-1058
Fax: 619-231-7423
Email: dwalton@csgrr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Deborah R Gross
Law Offices Bernard M Gross, P.C.
Suite 450, 100 Penn Square East
Philadelphia, PA 19107
(215) 561-3600
Fax: (215) 561-3000
Email: debbie@bernardmgross.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Samuel Howard Rudman
Robbins Geller Rudman & Dowd LLP(LI)
58 South Service Road
Suite 200
Melville, NY 11747
(631) 367-7100
Fax: (631) 367-1173
Email: srudman@csgrr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Beth Ann Kaswan
Scott + Scott, L.L.P.( NYC)
500 Fifth Avenue
40th Floor
New York, NY 10110
(212) 223-6444
Fax: (212) 223-6334
Email: bkaswan@scott-scott.com
ATTORNEY TO BE NOTICED

Ellen Anne Gusikoff Stewart
Robbins Geller Rudman & Dowd LLP (San Diego)
655 West Broadway
Suite 1900
San Diego, CA 92101
(212)661-1100
Fax: (619)-231-7423
Email: elleng@rgrdlaw.com
ATTORNEY TO BE NOTICED

Ellen Gusihoff Stewart
Robbins Geller Rudman & Dowd LLP (San Diego)
655 West Broadway
Suite 1900
San Diego, CA 92101
(619) 231-1058
Fax: (619) 231-7423
PRO HAC VICE
ATTORNEY TO BE NOTICED

Ellen Gusikoff Stewart
Robbins Geller Rudman & Dowd LLP (San Diego)
655 West Broadway
Suite 1900
San Diego, CA 92101
(619) 390-4006
ATTORNEY TO BE NOTICED

Jarrett Scott Charo
Robbins Geller Rudman & Dowd LLP (San Diego)
655 West Broadway
Suite 1900
San Diego, CA 92101
(619)-231-1058
Fax: (619)-231-7423
Email: jcharo@rgrdlaw.com
ATTORNEY TO BE NOTICED

Marisa N. DeMato
Robbins Geller Rudman & Dowd LLP
58 South Services Road, Suite 200
Melville, NY 11747
631-367-7100
Fax: 631-367-1173
Email: mdemato@rgrdlaw.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

 

 

 

Lead Plaintiff

 

 

John M. Grady
Individually and On Behalf of all others similarly situated

represented by

Beth Ann Kaswan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Marisa N. DeMato
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Ellen Anne Gusikoff Stewart
(See above for address)
ATTORNEY TO BE NOTICED

Ellen Gusihoff Stewart
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Jarrett Scott Charo
(See above for address)
ATTORNEY TO BE NOTICED

Samuel Howard Rudman
(See above for address)
ATTORNEY TO BE NOTICED

Thomas Livezey Laughlin , IV
Scott + Scott, L.L.P.( NYC)
500 Fifth Avenue
40th Floor
New York, NY 10110
(212) 558-4806
Fax: (212) 558-3358
Email: tlaughlin@scott-scott.com
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Erste-Sparinvest Kapitalanlagegesellschaft m.b.H.

represented by

William H. Narwold
Motley Rice LLC (CT)
One Corporate Center
20 Church Street, 17th Floor
Hartford, CT 06103
860-882-1676
Fax: 860-882-1682
Email: bnarwold@motleyrice.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Beth Ann Kaswan
(See above for address)
ATTORNEY TO BE NOTICED

Elizabeth S. Smith
Motley Rice LLC (SC)
28 Bridgeside Boulevard
P.O. Box 1792
Mount Pleasant, SC 29464
843-216-9240
Fax: 843-216-9430
Email: esmith@motleyrice.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

John Brandon Walker
Motley Rice LLC (SC)
28 Bridgeside Boulevard
P.O. Box 1792
Mount Pleasant, SC 29464
(843) 216-9205
Fax: (843) 216-9450
Email: bwalker@motleyrice.com
ATTORNEY TO BE NOTICED

Marisa N. DeMato
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Samuel Howard Rudman
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Irish Life & Permanent plc

represented by

Paul J. Scarlato
Labaton Sucharow LLP
140 Broadway
New York, NY 10005
(212) 907-0700
Fax: (212) 818-0477
Email: pscarlato@labaton.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Beth Ann Kaswan
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan Gardner
Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
212-907-0839
Fax: 212-818-0477
Email: jgardner@labaton.com
ATTORNEY TO BE NOTICED

Marisa N. DeMato
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Samuel Howard Rudman
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Credit Suisse Group

represented by

Richard W Clary
Cravath, Swaine & Moore LLP
825 Eighth Avenue
New York, NY 10019
(212) 474-1000
Fax: (212) 474-3700
Email: rclary@cravath.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Walter B. Kielholtz

 

 

 

 

 

Defendant

 

 

Hans-Ulrich Doerig

 

 

 

 

 

Defendant

 

 

Brady W. Dougan

represented by

Richard W Clary
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Renato Fassbind

represented by

Richard W Clary
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

D. Wilson Ervin

represented by

Richard W Clary
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Paul Calello

represented by

Richard W Clary
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

ADR Provider

 

 

Louisiana Municipal Police Employees' Retirement System

represented by

Beth Ann Kaswan
Scott Scott, L.L.P.( NYC)
500 Fifth Avenue
40th Floor
New York, NY 10110
(212) 223-6444
Fax: (212) 223-6334
Email: bkaswan@scott-scott.com
ATTORNEY TO BE NOTICED

Ellen Anne Gusikoff Stewart
(See above for address)
ATTORNEY TO BE NOTICED

Thomas Livezey Laughlin , IV
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

04/21/2008

1 

COMPLAINT against Credit Suisse Group, Walter B. Kielholtz, Hans-Ulrich Doerig, Brady W. Dougan, Renato Fassbind. (Filing Fee $ 350.00, Receipt Number 648711)Document filed by Kevin Cornwell, Kevin Cornwell(On Behalf of All Others Similarly Situated).(tve) (Entered: 04/23/2008)

04/21/2008

  

SUMMONS ISSUED as to Credit Suisse Group, Walter B. Kielholtz, Hans-Ulrich Doerig, Brady W. Dougan, Renato Fassbind. (tve) (Entered: 04/23/2008)

04/21/2008

  

Magistrate Judge James C. Francis is so designated. (tve) (Entered: 04/23/2008)

04/21/2008

  

Case Designated ECF. (tve) (Entered: 04/23/2008)

06/18/2008

2 

AFFIDAVIT OF SERVICE. Brady W. Dougan served on 5/2/2008, answer due 5/22/2008. Service was accepted by Brady W. Dougan, Personally. Document filed by Kevin Cornwell(On Behalf of All Others Similarly Situated). (Rosenfeld, David) (Entered: 06/18/2008)

06/23/2008

3 

ORDER: that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes. All filings in connection with the consolidated action be docketed against the remaining lower number case, 08 Civ. 3758. The Clerk of Court is to close the referenced higher numbered case, 08 Civ. 5000, as a separate action and remove it from the Court's database of open cases. (Signed by Judge Victor Marrero on 6/23/08) Filed In Associated Cases: 1:08-cv-03758-VM, 1:08-cv-05000-VM(tro) (Entered: 06/23/2008)

07/01/2008

4 

NOTICE OF APPEARANCE by Beth Ann Kaswan on behalf of John M. Grady (Kaswan, Beth) (Entered: 07/01/2008)

07/07/2008

5 

PLAINTIFF'S JOINT STIPULATION AND ORDER REGARDING APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL: It is hereby stipulated and agreed that Cornwell and Grady are hereby appointed Co-Lead Plaintiff's for the Class. Cornwell's and Grady's selection of the law firms of Coughlin Stoia Geller Rudman & Robbins L.L.P. and Scott + Scott, L.L.P. to serve as Lead Counsel is approved. (Signed by Judge Victor Marrero on 7/7/2008) (jfe) (Entered: 07/07/2008)

08/15/2008

6 

MOTION for Deborah R. Gross to Appear Pro Hac Vice. Document filed by Kevin Cornwell.(dle) (Entered: 08/25/2008)

08/25/2008

  

CASHIERS OFFICE REMARK on 6 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/15/2008, Receipt Number 660097. (jd) (Entered: 08/25/2008)

08/25/2008

7 

ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: granting 6 Motion for Deborah R. Gross to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 8/25/2008) (jfe) (Entered: 08/25/2008)

08/25/2008

  

Transmission to Attorney Admissions Clerk. Transmitted re: 7 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe) (Entered: 08/25/2008)

08/26/2008

8 

(DUPLICATE) ORDER OF ADMISSION TO PRACTICE PRO HAC VICE. The motion for admission to practice pro hac vice in the above captioned matter is GRANTED. The admitted attorney, Deborah, R. Gross, is permitted to argue or try this particular case in whole or in part as counsel. (Signed by Judge Victor Marrero on 8/25/08) (tro) (Entered: 08/26/2008)

08/26/2008

  

Transmission to Attorney Admissions Clerk. Transmitted re: 8 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) (Entered: 08/26/2008)

09/03/2008

9 

ORDER: that plaintiffs are directed to advise the Court by 9/8/2008 of their contemplation with regard to further prosecution of this action, or to complete service of process on defendants by such date, or show cause why such service has not been made to date and cannot be completed by the date indicated. In the event no timely response to this Order is submitted the Court may dismiss the complaint pursuant to Rule 4(m) of the F.R.C.P. SO ORDERED. (Signed by Judge Victor Marrero on 9/3/2008) (tve) (Entered: 09/03/2008)

09/08/2008

10 

DECLARATION of David A. Rosenfeld in Response to Order Dated September 3, 2008. Document filed by Kevin Cornwell, John M. Grady. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:08-cv-03758-VM, 1:08-cv-05000-VM(Rosenfeld, David) (Entered: 09/08/2008)

09/09/2008

11 

STIPULATION AND ORDER; Lead Plaintiffs shall file the Consolidated Complaint by no later than 10/6/2008. Defendants shall have no less than 60 days from the filing of the Consolidated Complaint to file their motion to dismiss. Lead Plaintiff shall have no less than 60 days from the filing of Defendants' motion to dismiss to file an opposition to such motion. Defendants shall have no less than 30 days from the filing of Lead Plaintiffs' opposition to file their reply. SO ORDERED. (Signed by Judge Victor Marrero on 9/8/2008) (tve) (Entered: 09/09/2008)

10/08/2008

12 

STIPULATION AND ORDER EXTENDING TIME TO FILE CONSOLIDATED COMPLAINT, MOTION TO DISMISS AND RELATED BRIEFING: Lead Plaintiffs shall file their Consolidated Complaint by no later than October 20, 2008; Defendants shall file their motion to dismiss by no later than December 19,2008; Lead Plaintiffs shall file their opposition by no later than February 17,2009; and Defendants shall file their reply by no later than March 19, 2009. (Signed by Judge Victor Marrero on 10/7/2008) (jpo) (Entered: 10/08/2008)

10/21/2008

13 

AMENDED COMPLAINT amending 1 Complaint, against D. Wilson Ervin, Paul Calello, Credit Suisse Group, Brady W. Dougan, Renato Fassbind.Document filed by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Irish Life & Permanent plc, Kevin Cornwell, John M. Grady. Related document: 1 Complaint, filed by Kevin Cornwell.(dle) (dle). (Entered: 10/21/2008)

11/17/2008

14 

NOTICE OF APPEARANCE by William H. Narwold on behalf of Erste-Sparinvest Kapitalanlagegesellschaft m.b.H. (Narwold, William) (Entered: 11/17/2008)

11/20/2008

15 

AFFIDAVIT OF SERVICE. Renato Fassbind served on 10/28/2008, answer due 11/17/2008. Service was accepted by Renato Fassbind. Document filed by Kevin Cornwell; John M. Grady. (Rosenfeld, David) (Entered: 11/20/2008)

12/16/2008

16 

ORDER: The memoranda of law in support of an opposition to Defendants' pre-answer motion will be limited to 45 pages. The memorandum of law in support of Defendant's reply to Plaintiffs' opposition will be limited to 20 pages. (Signed by Judge Victor Marrero on 12/15/08) (tro) (Entered: 12/16/2008)

12/19/2008

17 

MOTION to Dismiss For Lack Of Subject-Matter Jurisdiction and For Failure To State A Cause Of Action. Document filed by Credit Suisse Group, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind. (Attachments: # 1 Amended Complaint)(Clary, Richard) (Entered: 12/19/2008)

12/19/2008

18 

MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss For Lack Of Subject-Matter Jurisdiction and For Failure To State A Cause Of Action.. Document filed by Credit Suisse Group, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind. (Clary, Richard) (Entered: 12/19/2008)

12/19/2008

19 

DECLARATION of David Mathers in Support re: 17 MOTION to Dismiss For Lack Of Subject-Matter Jurisdiction and For Failure To State A Cause Of Action.. Document filed by Credit Suisse Group, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind. (Clary, Richard) (Entered: 12/19/2008)

12/19/2008

20 

DECLARATION of Yonatan Even in Support re: 17 MOTION to Dismiss For Lack Of Subject-Matter Jurisdiction and For Failure To State A Cause Of Action.. Document filed by Credit Suisse Group, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind. (Attachments: # 1 Exhibit 1 to Even Declaration, # 2 Exhibit 2 to Even Declaration, # 3 Exhibit 3A to Even Declaration, # 4 Exhibit 3B to Even Declaration, # 5 Exhibit 3C to Even Declaration, # 6 Exhibit 3D to Even Declaration, # 7 Exhibit 3E to Even Declaration, # 8 Exhibit 4A to Even Declaration, # 9 Exhibit 4B to Even Declaration, # 10 Exhibit 5 to Even Declaration, # 11 Exhibit 6 to Even Declaration, # 12 Exhibit 7 to Even Declaration, # 13 Exhibit 8 to Even Declaration, # 14 Exhibit 9 to Even Declaration, # 15 Exhibit 10A to Even Declaration, # 16 Exhibit 10B to Even Declaration, # 17 Exhibit 10C to Even Declaration, # 18 Exhibit 10D to Even Declaration, # 19 Exhibit 1OE to Even Declaration, # 20 Exhibit 11 to Even Declaration, # 21 Exhibit 12 to Even Declaration, # 22 Exhibit 13 to Even Declaration)(Clary, Richard) (Entered: 12/19/2008)

01/12/2009

21 

MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss For Lack Of Subject-Matter Jurisdiction and For Failure To State A Cause Of Action.. Document filed by Credit Suisse Group, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind. (North, Julie) (Entered: 01/12/2009)

02/18/2009

22 

STIPULATION AND ORDER; Lead Plaintiffs shall file their opposition by no later than March 3,2009; andDefendants shall file their reply by no later than April 3,2009. IT IS SO ORDERED. (Signed by Judge Victor Marrero on 2/18/2009) (tve) (Entered: 02/18/2009)

03/04/2009

23 

STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, subject to the approval of the Court, that: 1. Lead Plaintiffs shall file their opposition by no later than March 4, 2009; and 2. Defendants shall file their reply by no later than April 6, 2009. (Signed by Judge Victor Marrero on 3/4/2009) Filed In Associated Cases: 1:08-cv-03758-VM, 1:08-cv-05000-VM(jfe) (Entered: 03/04/2009)

03/04/2009

  

Set/Reset Deadlines as to (17 in 1:08-cv-03758-VM) MOTION to Dismiss For Lack Of Subject-Matter Jurisdiction and For Failure To State A Cause Of Action.. Responses due by 3/4/2009 Replies due by 4/6/2009. Associated Cases: 1:08-cv-03758-VM, 1:08-cv-05000-VM(jfe) (Entered: 03/04/2009)

03/04/2009

24 

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 17 MOTION to Dismiss For Lack Of Subject-Matter Jurisdiction and For Failure To State A Cause Of Action. Document filed by Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Irish Life & Permanent plc. (Rudman, Samuel) Modified on 3/6/2009 (jar). (Entered: 03/04/2009)

03/05/2009

25 

MEMORANDUM OF LAW in Opposition re: 17 MOTION to Dismiss For Lack Of Subject-Matter Jurisdiction and For Failure To State A Cause Of Action. CORRECTED VERSION. Document filed by Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Irish Life & Permanent plc. (Rudman, Samuel) (Entered: 03/05/2009)

04/06/2009

26 

REPLY MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss For Lack Of Subject-Matter Jurisdiction and For Failure To State A Cause Of Action. ("Reply Memorandum Of Law In Support Of Defendants' Motion To Dismiss The Amended Complaint"). Document filed by Credit Suisse Group, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind. (Clary, Richard) (Entered: 04/06/2009)

04/06/2009

27 

DECLARATION of Yonatan Even in Support re: 17 MOTION to Dismiss For Lack Of Subject-Matter Jurisdiction and For Failure To State A Cause Of Action.. Document filed by Credit Suisse Group, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind. (Attachments: # 1 Exhibit 1 to Declaration of Yonatan Even)(Clary, Richard) (Entered: 04/06/2009)

09/28/2009

28 

ORDER, that the motion (Docket No. 17) of defendants Credit Suisse Global, Brady W. Dougan, Renato Fassbind, D. Wilson Ervin, and Paul Calello to dismiss the amended complaint of lead plaintiffs Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellchaft m.b.H., and Irish Life and Permenant plc for lack of subject matter jurisdiction is GRANTED. The Clerk of the Court is directed to withdraw any pending motions and close this case. (Signed by Judge Victor Marrero on 9/28/09) (pl) Modified on 9/30/2009 (ae). (Entered: 09/28/2009)

09/30/2009

  

Transmission to Judgments and Orders Clerk. Transmitted re: 28 Order on Motion to Dismiss, to the Judgments and Orders Clerk. (ae) (Entered: 09/30/2009)

09/30/2009

29 

CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated September 28, 2009, defendants' motion to dismiss the amended complaint is granted for lack of subject matter jurisdiction; accordingly, any pending motions are withdrawn and the case is closed. (Signed by J. Michael McMahon, clerk on 9/30/09) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:08-cv-03758-VM, 1:08-cv-05000-VM(ml) (Entered: 09/30/2009)

10/01/2009

30 

ENDORSED LETTER addressed to Judge Victor Marrero from Samuel H. Rudman dated 10/1/2009 re: Requesting that the Court issue an order directing the Clerk of the Court to reopen the case at this time. ENDORSEMENT: The Court will extend defendants' time to file any motion for reconsideration until a date ten days after entry of the Court's final decision and order dismissing the Complaint in accordance with the Court's 9/30/2009 Order. (Signed by Judge Victor Marrero on 10/1/2009) (jpo) (Entered: 10/01/2009)

10/02/2009

31 

ORDER the Court will extend all parties' time to file any motion for reconsideration until a date ten days after the entry of the Court's final decision and order dismissing the Complaint, in accordance with the Court's September 28 Order. SO ORDERED. (Signed by Judge Victor Marrero on 10/2/2009) (jmi) (Entered: 10/02/2009)

10/05/2009

32 

DECISION AND AMENDED ORDER: The Courts Order dated September 28, 2009is amended to incorporate the discussion and decision set forth above. The motion (Docket No. 17) of defendants Credit Suisse Global, Brady W. Dougan, Renato Fassbind, D. Wilson Ervin, and Paul Calello to dismiss the amended complaint of lead plaintiffs Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellchaft m.b.H., and Irish Life and Permanent plc collectively, "Lead Plaintiffs") for lack of subject matter jurisdiction is GRANTED. Lead Plaintiffs may submit a request for leave to amend their complaint within twenty days of the date of this Order. Such a request must make a plausible showing that repleading would not be futile. The Clerk of the Court is directed to withdraw any pending motions and close this case. (Signed by Judge Victor Marrero on 10/5/2009) (jar) (Entered: 10/05/2009)

10/21/2009

33 

STIPULATION AND ORDER EXTENDING TIME TO FILE MOTION FOR LEAVE TO AMEND, 1. Lead Plaintiffs shall file their motion for leave to amend the AC by no later than November 9, 2009; 2. If Defendants oppose Lead Plaintiffs' motion, they shall file their opposition papers by no later than December 2, 2009; and 3. If Defendants file opposition papers, Lead Plaintiffs shall file their reply papers by no later than December 15, 2009. (Signed by Judge Victor Marrero on 10/21/09) (pl) (Entered: 10/21/2009)

11/09/2009

34 

MOTION for Leave to File [Proposed] Second Amended Complaint. Document filed by Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Irish Life & Permanent plc.(Rudman, Samuel) (Entered: 11/09/2009)

11/09/2009

35 

MEMORANDUM OF LAW in Support re: 34 MOTION for Leave to File [Proposed] Second Amended Complaint.. Document filed by Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Irish Life & Permanent plc. (Rudman, Samuel) (Entered: 11/09/2009)

11/09/2009

36 

DECLARATION of Samuel H. Rudman in Support re: 34 MOTION for Leave to File [Proposed] Second Amended Complaint.. Document filed by Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Irish Life & Permanent plc. (Attachments: # 1 Exhibit A - [Proposed] Second Amended Complaint, # 2 Exhibit B - Hakala Declaration)(Rudman, Samuel) (Entered: 11/09/2009)

11/11/2009

37 

NOTICE OF APPEARANCE by Jonathan Gardner on behalf of Irish Life & Permanent plc (Gardner, Jonathan) (Entered: 11/11/2009)

12/02/2009

38 

MEMORANDUM OF LAW in Opposition re: 34 MOTION for Leave to File [Proposed] Second Amended Complaint. ("Defendants' Memorandum Of Law In Opposition To Plaintiffs' Motion For Leave To File The [Proposed] Second Amended Class Action Complaint"). Document filed by Credit Suisse Group, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind. (Clary, Richard) (Entered: 12/02/2009)

12/02/2009

39 

DECLARATION of Yonatan Even in Opposition re: 34 MOTION for Leave to File [Proposed] Second Amended Complaint.. Document filed by Credit Suisse Group, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind. (Attachments: # 1 Exhibit A to Declaration of Yonatan Even)(Clary, Richard) (Entered: 12/02/2009)

12/14/2009

40 

NOTICE OF CHANGE OF ADDRESS by Beth Ann Kaswan on behalf of Kevin Cornwell, John M. Grady. New Address: Scott+Scott, LLP, 500 Fifth Avenue, 40th Floor, New York, NY, USA 10110, 212-223-6444. (Kaswan, Beth) (Entered: 12/14/2009)

12/15/2009

41 

REPLY MEMORANDUM OF LAW in Support re: 34 MOTION for Leave to File [Proposed] Second Amended Complaint.. Document filed by Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Irish Life & Permanent plc. (Rudman, Samuel) (Entered: 12/15/2009)

12/15/2009

42 

DECLARATION of Samuel H. Rudman in Support re: 34 MOTION for Leave to File [Proposed] Second Amended Complaint.. Document filed by Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Irish Life & Permanent plc. (Attachments: # 1 Exhibit 1)(Rudman, Samuel) (Entered: 12/15/2009)

02/11/2010

43 

DECISION AND ORDER: It is hereby ordered that the Motion for Leave to File the [Proposed] Second Amended Complaint (the "Second Amended Complaint") (Docket No. 34) of plaintiffs Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellchaft m.b.H., and Irish Life and Permanent plc ("Lead Plaintiffs") is DENIED in part and GRANTED in part; and it is further ORDERED that Lead Plaintiffs are authorized to file a Second Amended Complaint in this action substantially in the form of the Proposed Complaint, taking into account the Court's discussion in the decision herein; and it is finally ORDERED that the parties meet and confer and submit to the Court by February 24, 2010, a schedule for Lead Plaintiffs' filing of the Second Amended Complaint and defendants' answer to it. (Signed by Judge Victor Marrero on 2/11/2010) (jpo) (Entered: 02/11/2010)

02/11/2010

  

Case reopened. (Signed by Judge Victor Marrero on 10/1/2009) (jpo) Modified on 4/30/2010 (jpo). (Entered: 04/30/2010)

02/24/2010

44 

NOTICE OF CHANGE OF ADDRESS by David R. Scott on behalf of all plaintiffs. New Address: Scott+Scott LLP, 156 South Main Street, P.O. Box 192, Colchester, CT, USA 06415, 860-537-5537. (Scott, David) (Entered: 02/24/2010)

03/01/2010

45 

SCHEDULE FOR THE FILING OF LEAD PLAINTIFFS' SECOND AMENDED COMPLAINT AND DEFENDANTS' ANSWER THERETO: The Second Amended Complaint shall be filed on or before 3/10/10. The defendants shall file their answer to the Second Amended Complaint on or before 4/9/10. (Signed by Judge Victor Marrero on 2/25/10) (dle) (Entered: 03/01/2010)

03/10/2010

46 

SECOND AMENDED COMPLAINT amending 13 Amended Complaint, against Credit Suisse Group, Walter B. Kielholtz, Hans-Ulrich Doerig, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind.Document filed by Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Irish Life & Permanent plc. Related document: 13 Amended Complaint, filed by John M. Grady, Kevin Cornwell, Irish Life & Permanent plc, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H.. (Attachments: # 1 Main Document)(rdz) (Entered: 03/18/2010)

03/30/2010

47 

NOTICE of FIRM NAME CHANGE. Document filed by Kevin Cornwell, John M. Grady. (Rudman, Samuel) (Entered: 03/30/2010)

04/09/2010

48 

ANSWER to Amended Complaint. Document filed by Credit Suisse Group, D. Wilson Ervin, Brady W. Dougan, Paul Calello, Renato Fassbind. Related document: 46 Amended Complaint,, filed by John M. Grady, Kevin Cornwell, Irish Life & Permanent plc, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H..(Clary, Richard) (Entered: 04/09/2010)

04/12/2010

49 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Credit Suisse Group.(Clary, Richard) (Entered: 04/12/2010)

04/14/2010

50 

NOTICE OF INITIAL CONFERENCE. Initial Case Management Conference set for 4/30/2010 at 02:30 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Victor Marrero on 4/14/10) (djc) Modified on 4/21/2010 (djc). (Entered: 04/14/2010)

04/20/2010

51 

NOTICE OF APPEARANCE by Thomas Livezey Laughlin, IV on behalf of Louisiana Municipal Police Employees' Retirement System, John M. Grady Filed In Associated Cases: 1:08-cv-03758-VM, 1:08-cv-05000-VM(Laughlin, Thomas) (Entered: 04/20/2010)

04/27/2010

52 

MOTION for Elizabeth S. Smith to Appear Pro Hac Vice. Document filed by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H.(mro) (Entered: 04/28/2010)

04/29/2010

53 

NOTICE OF APPEARANCE by Jarrett Scott Charo on behalf of Kevin Cornwell, John M. Grady (Charo, Jarrett) (Entered: 04/29/2010)

04/29/2010

54 

ORDER: That Elizabeth S. Smith is permitted to Appear Pro Hac Vice for plaintiff Erste-Sparinvest Kapitalanlagegesellschaft m.b.H. ORDER granting 52 Motion for Elizabeth S. Smith to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 4/29/10) (db) (Entered: 04/29/2010)

04/30/2010

  

CASHIERS OFFICE REMARK on 52 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/27/2010, Receipt Number 901712. (jd) (Entered: 04/30/2010)

04/30/2010

55 

CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case IS to be tried to a jury. Depositions due by 6/14/2011. Joinder of Parties due by 11/30/2010. All Fact Discovery due 6/14/11. All Expert Discovery due by 10/31/2011. The Next Case Management Conference set for 10/22/2010 at 10:00 AM before Judge Victor Marrero. Rule 26(a)(1) Initial Disclosures due by 5/14/2010. All parties DO NOT consent to proceed before a Magistrate Judge under 28 USC § 636(c). (Signed by Judge Victor Marrero on 4/30/10) (db) (Entered: 04/30/2010)

04/30/2010

  

Minute Entry for proceedings held before Judge Victor Marrero: Interim Pretrial Conference held on 4/30/2010. Status Conference set for 10/22/2010 at 10:00 AM before Judge Victor Marrero. (tro) (Entered: 05/06/2010)

05/20/2010

56 

MOTION for John Brandon Walker to Appear Pro Hac Vice. Document filed by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H.(mro) Modified on 5/21/2010 (mro). (Entered: 05/21/2010)

05/26/2010

57 

MEMO ENDORSEMENT on 56 granting Motion for John Brandon Walker to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 5/26/2010) (jpo) (Entered: 05/26/2010)

06/02/2010

58 

MOTION for Marisa N. DeMato to Appear Pro Hac Vice. Document filed by Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Irish Life & Permanent plc.(mro) (Entered: 06/03/2010)

06/03/2010

  

CASHIERS OFFICE REMARK on 56 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/20/2010, Receipt Number 904436. (jd) (Entered: 06/03/2010)

06/03/2010

  

CASHIERS OFFICE REMARK on 58 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/02/2010, Receipt Number 905349. (jd) (Entered: 06/03/2010)

06/08/2010

59 

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 58 Motion for Marisa N. DeMato to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 6/7/2010) (jpo) (Entered: 06/08/2010)

06/08/2010

60 

ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Marisa N. DeMato for Kevin Cornwell, John M. Grady, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H. and Irish Life & Permanent plc admitted Pro Hac Vice. So Ordered (Signed by Judge Victor Marrero on 6/7/2010) (js) (Entered: 06/08/2010)

06/30/2010

61 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Banc of America Securities LLC on June 14, 2010. Service was accepted by Camilla McCall, Person Authorized to Accept Service. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

62 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on BB&T Capital Markets on June 14, 2010. Service was accepted by Layla Adams, Person Authorized to Accept Service. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

63 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Bloomberg L.P. on June 16, 2010. Service was accepted by Kerry McGrath, Managing Agent. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

64 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on BNY Mellon on June 14, 2010. Service was accepted by Joseph Hawry, Assistant Vice President. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

65 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Brookfield Asset Management on June 14, 2010. Service was accepted by Sandra Eustache, Managing Agent. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

66 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Citigroup, Inc. on June 16, 2010. Service was accepted by Fern Strauss, Managing Paralegal. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

67 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Comerica Securities, Inc. on June 14, 2010. Service was accepted by Elizabeth Walton, Legal Assistant / Person Authorized to Accept Service. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

68 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Fifth Third Securities, Inc. on June 14, 2010. Service was accepted by Maria Rother, Legal Department / Person Authorized to Accept Service. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

69 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Fitch Ratings, Inc. on June 14, 2010. Service was accepted by Vanessa Tate, Managing Agent. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

70 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on JP Morgan Chase & Co. on June 14, 2010. Service was accepted by Antoinette Andriano, Managing Agent. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

71 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on JP Morgan Chase & Co. on June 15, 2010. Service was accepted by Sonia M. Alvarez, Managing Agent / Legal Specialist II. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

72 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on KeyBanc Capital Markets, Inc. on June 14, 2010. Service was accepted by Krista Day-Zoladz, Person Authorized to Accept Service. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

73 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on KPMG LLP on June 4, 2010. Service was accepted by Sattie Jairam, Process Specialist. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

74 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Merrill Lynch & Co., Inc. on June 15, 2010. Service was accepted by Jenny Lee, Managing Agent. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

75 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on MFR Securities, Inc. on June 15, 2010. Service was accepted by Ernesto Mejer, Managing Agent. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

76 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Morgan Keegan & Company, Inc. on June 14, 2010. Service was accepted by Lesley Dillon, Person Authorized to Accept Service. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

77 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Morgan Stanley & Co. Incorporated on June 15, 2010. Service was accepted by Yoko Nitta, Managing Agent. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

78 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on SunTrust Robinson Humphrey, Inc. on June 14, 2010. Service was accepted by Worth Stuart, Director / Person Authorized to Accept Service. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

06/30/2010

79 

AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, Information or Objects served on Wells Fargo Securities on June 14, 2010. Service was accepted by Danielle Coggins, Person Authorized to Accept Service. Document filed by Kevin Cornwell, John M. Grady. (Rosenfeld, David) (Entered: 06/30/2010)

07/20/2010

80 

MOTION for Paul J. Scarlato to Appear Pro Hac Vice. Document filed by Irish Life & Permanent plc.(mbe) (Entered: 07/21/2010)

07/22/2010

  

CASHIERS OFFICE REMARK on 80 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/20/2010, Receipt Number 909314. (jd) (Entered: 07/22/2010)

07/23/2010

81 

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 80 Motion for Paul J. Scarlato to Appear Pro Hac Vice for Plaintiff Irish Life & Permanent plc. (Signed by Judge Victor Marrero on 7/22/2010) (tro) (Entered: 07/23/2010)

07/27/2010

  

***DELETED DOCUMENT. Deleted document number 82 DECISION AND ORDER. The document was incorrectly filed in this case. (ae) (Entered: 07/27/2010)

07/27/2010

82 

CORRECTED DECISION AND ORDER. It is hereby ORDERED that the motion for Judgment on the pleadings of defendants Credit Suisse Global, Brady W. Dougan, Renato Fassbind, D. Wilson Ervin, and Paul Calello is GRANTED; it is further ORDERED that the claims of plaintiff Louisiana Municipal Police Employees Retirement Systems asserted under Section 10 (b) of the Exchange Act of 1934 are dismissed from this action. (Signed by Judge Victor Marrero on 7/27/10) (rjm) (Entered: 07/27/2010)

07/28/2010

83 

ENDORSED LETTER addressed to Judge Victor Marrero from 7/27/10 dated 7/19/10 re: Claims should be dismissed with prejudice under Rule 12(b)(6). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 7/27/10) (cd) (Entered: 07/28/2010)

07/28/2010

84 

ENDORSED LETTER addressed to Judge Victor Marrero from Beth Kaswan and Samuel Rudman dated 7/19/10 re: Request that the Court deny Defendants' request for partial judgment on the pleadings and permit LAMPER'S 10(b) claims to proceed. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 7/27/10) (cd) (Entered: 07/28/2010)

07/28/2010

85 

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby Ordered that Paul J. Scarlato is admitted to practice pro hac vice as counsel Plaintiff Irish Life & Pennanent plc. (Signed by Judge Victor Marrero on 7/27/2010) (jfe) (Entered: 07/28/2010)

08/09/2010

86 

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential information. (Signed by Judge Victor Marrero on 8/9/10) (pl) (Entered: 08/09/2010)

08/10/2010

87 

MOTION for Reconsideration of Dismissal of LAMPERS' Claims or to Certify Dismissal. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System.(Kaswan, Beth) (Entered: 08/10/2010)

08/10/2010

88 

MEMORANDUM OF LAW in Support re: 87 MOTION for Reconsideration of Dismissal of LAMPERS' Claims or to Certify Dismissal.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Kaswan, Beth) (Entered: 08/10/2010)

08/11/2010

89 

DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that the motion of plaintiff Louisiana Municipal Police Employees Retirement Systems ("LAMPERS") for reconsideration (Docket No. 87) of the Court's Decision and Order dated July 27, 2010 is DENIED; it is further ORDERED that defendants Credit Suisse Group, Brady W. Dougan, Renato Fassbind, D. Wilson Ervin, and Paul Calello are directed to inform the Court, by letter-brief submitted not later than August 18, 2010, and not to exceed three pages, whether they oppose LAMPERS' request for the Court to certify as a final judgment pursuant to Fed. R. Civ. P. 56(b) LAMPERS' dismissal from this lawsuit. (Signed by Judge Victor Marrero on 8/11/2010) (jpo) (Entered: 08/11/2010)

08/19/2010

90 

ENDORSED LETTER addressed to Judge Victor Marrero from Richard W. Clary dated 8/18/2010 re: This putative class action was brought pursuant to §§ 10(b) and 20(a) of the Exchange Act of 1934, and Rule 10b-5, by: (l) two individuals resident in the United States who allegedly purchased Credit Suisse Group ("CSG") American Depositary Shares on the New York Stock Exchange; and (2) the Louisiana Municipal Police Employees Retirement System ("LAMPERS"), an alleged purchaser of CSG stock on the Swiss Stock Exchange. ENDORSEMENT: The Clerk of Court is directed to enter in the public record of this action the letter above submitted to the Court by Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 8/19/2010) (jmi) (Entered: 08/19/2010)

08/20/2010

91 

ORDER: Accordingly, it is hereby ORDERED that the motion of plaintiff Louisiana Municipal Police Employees Retirement Systems ("LAMPERS") to certify its dismissal from this lawsuit pursuant to the Court's Decision and Order dated July 27, 2010 (Docket No. 87) is DENIED. (Signed by Judge Victor Marrero on 8/20/2010) (jpo) (Entered: 08/20/2010)

09/07/2010

92 

STIPULATION AND ORDER STAYING DISCOVERY, that subject to the approval of the Court, that: To permit the mediation to go forward, all deadlines in the Scheduling Order are continued. All formal discovery (including non-party discovery) will be stayed until November 15, 2010. The parties will notify the Court regarding the status of the case and the parties' mediation efforts by November 15, 2010. Additional relief as set forth in this Order. (Signed by Judge Victor Marrero on 9/6/10) (pl) Modified on 9/7/2010 (pl). (Entered: 09/07/2010)

11/22/2010

93 

ORDER REFERRING CASE TO 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). The parties are directed that henceforth all correspondence pertaining to case management, scheduling and pretrial proceedings in this action, including amendments of an approved Case Management Plan, extensions of any deadlines, discovery disputes, non-dispositive pretrial motions, and any other proceedings prior to the completion of all discovery, shall be addressed to the designated Magistrate Judge in the first instance, except as may be otherwise authorized by the Court or the Magistrate Judge, and provided that with regard to matters referred to the Magistrate Judge on consent under 28 U.S.c. § 636(c), all such communications shall be addressed solely to the Magistrate Judge. Referred to Magistrate Judge James C. Francis. SO ORDERED. (Signed by Judge Victor Marrero on 11/22/10) (laq) (Entered: 11/22/2010)

11/22/2010

94 

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury; joinder of additional parties to be accomplished by July 5, 2011; Following all discovery, all counsel must meet for at least one hour to discuss settlement, such conference to be held by not later than June 8, 2010; Depositions to be completed by January 17, 2010. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. section 636(c). The next Case Management Conference is scheduled for a date to the determined by Magistrate Judge James Francis, to whom the action has been referred. (Joinder of Parties due by 7/5/2011. Deposition due by 1/17/2012). (Signed by Judge Victor Marrero on 11/22/10) (djc) Modified on 11/30/2010 (djc). (Entered: 11/23/2010)

12/07/2010

  

Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Discovery Conference held on 12/7/2010. (mro) (Entered: 12/07/2010)

03/10/2011

95 

MOTION to Approve Preliminary Approval of Settlement Notice of Unopposed Motion for Preliminary Approval of Settlement. Document filed by Kevin Cornwell, John M. Grady.(Kaswan, Beth) (Entered: 03/10/2011)

03/10/2011

96 

MEMORANDUM OF LAW in Support re: 95 MOTION to Approve Preliminary Approval of Settlement Notice of Unopposed Motion for Preliminary Approval of Settlement. Lead Plaintiffs' Memorandum of Law in Support of Unopposed Motion for Preliminary Approval of Settlement. Document filed by Kevin Cornwell, John M. Grady. (Attachments: # 1 Exhibit Robbins Geller Firm Resume, # 2 Exhibit Scott+Scott Firm Resume)(Kaswan, Beth) (Entered: 03/10/2011)

03/10/2011

97 

SETTLEMENT AGREEMENT. Document filed by Kevin Cornwell, John M. Grady. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B)(Kaswan, Beth) (Entered: 03/10/2011)

03/10/2011

98 

ORDER FOR ADMISSION PRO HAC VICE: Attorney Ellen Gusihoff Stewart for Kevin Cornwell,Ellen Gusihoff Stewart for John M. Grady admitted Pro Hac Vice. (Signed by Judge Victor Marrero on 3/10/2011) (jfe) (Entered: 03/10/2011)

03/10/2011

99 

MOTION for Ellen Gusikoff Stewart to Appear Pro Hac Vice. Document filed by Kevin Cornwell, John M. Grady.(mro) (Entered: 03/11/2011)

03/14/2011

101 

ORDER FOR PRO HAC VICE. Attorney Ellen Gusikoff Stewart for Kevin Cornwell, John M. Grady admitted Pro Hac Vice. (Signed by Judge Victor Marrero on 3/14/2011) (lnl) (Entered: 03/25/2011)

03/18/2011

  

CASHIERS OFFICE REMARK on 99 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/10/2011, Receipt Number 931679. (jd) (Entered: 03/18/2011)

03/24/2011

100 

ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: The Court does hereby preliminarily approve the Settlement Agreement and the Settlement set forth therein, subject to further consideration at the Final Approval Hearing described in this Order, as set forth in this Stipulation. A hearing shall be held before this Court on July 18, 2011 at 3:00 pm, in courtroom 20B, 500 Pearl Street, New York, 10007. All papers in support of the Settlement, Plan of Distribution, and any application by counsel for Lead Plaintiffs for attorneys' fees and expenses shall be filed and served no later than June 27, 2011, and any reply papers (which may include a response to objections, if any) shall be filed and served by July 11, 2011. (Signed by Judge Victor Marrero on 3/24/2011) (jpo) Modified on 3/30/2011 (jpo). (Entered: 03/24/2011)

03/24/2011

  

Set Deadlines/Hearings: Motions due by 6/27/2011. Replies due by 7/11/2011. Responses due by 6/27/2011 Status Conference set for 7/18/2011 at 03:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (jpo) (Entered: 03/24/2011)

06/17/2011

102 

NOTICE of Declaration of Carole K. Sylvester re A) Mailing of the Notice of Pendency and Proposed Settlement of Class Action and the Proof of Claim and Release Form, B) Publication of the Summary Notice, and C) Internet Posting. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Stewart, Ellen) (Entered: 06/17/2011)

06/27/2011

103 

MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and., MOTION for Attorney Fees and Expenses.( Return Date set for 7/18/2011 at 03:00 PM.) Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System.(Stewart, Ellen) (Entered: 06/27/2011)

06/27/2011

104 

MEMORANDUM OF LAW in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses. [SETTLEMENT BRIEF]. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Stewart, Ellen) (Entered: 06/27/2011)

06/27/2011

105 

MEMORANDUM OF LAW in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses. [FEE BRIEF]. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Stewart, Ellen) (Entered: 06/27/2011)

06/27/2011

106 

DECLARATION of Beth A. Kaswan and Samuel H. Rudman in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Stewart, Ellen) (Entered: 06/27/2011)

06/27/2011

107 

NOTICE of Compendium of Unreported Authorities re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police 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)(Stewart, Ellen) (Entered: 06/27/2011)

06/27/2011

108 

DECLARATION of Ellen Gusikoff Stewart Filed on Behalf of Robbins Geller Rudman & Dowd LLP in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Attachments: # 1 Exhibit A)(Stewart, Ellen) (Entered: 06/27/2011)

06/27/2011

109 

DECLARATION of Daryl Scott Filed on Behalf of Scott + Scott LLP in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Attachments: # 1 Exhibit A)(Stewart, Ellen) (Entered: 06/27/2011)

06/27/2011

110 

DECLARATION of Jonathan Gardner Filed on Behalf of Labaton Sucharow LLP in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Attachments: # 1 Exhibit A)(Stewart, Ellen) (Entered: 06/27/2011)

06/27/2011

111 

DECLARATION of Deborah R. Gross Filed on Behalf of Law Offices Bernard M. Gross, P.C. in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Attachments: # 1 Exhibit A)(Stewart, Ellen) (Entered: 06/27/2011)

06/27/2011

112 

DECLARATION of J. Brandon Walker Filed on Behalf of Motley Rice LLC in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Attachments: # 1 Exhibit A)(Stewart, Ellen) (Entered: 06/27/2011)

06/27/2011

113 

DECLARATION of Deborah Sturman Filed on Behalf of Sturman LLC in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Attachments: # 1 Exhibit A)(Stewart, Ellen) (Entered: 06/27/2011)

07/11/2011

114 

REPLY MEMORANDUM OF LAW in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Stewart, Ellen) (Entered: 07/11/2011)

07/11/2011

115 

DECLARATION of Carole K. Sylvester in Support re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and. MOTION for Attorney Fees and Expenses.. Document filed by Kevin Cornwell, John M. Grady, Louisiana Municipal Police Employees' Retirement System. (Stewart, Ellen) (Entered: 07/11/2011)

07/18/2011

  

Minute Entry for proceedings held before Judge Victor Marrero: Oral Argument held on 7/18/2011 re: 103 MOTION for Settlement and Plan of Distribution of Settlement Proceeds; Class Certification; and MOTION for Attorney Fees and Expenses filed by John M. Grady, Kevin Cornwell, Louisiana Municipal Police Employees' Retirement System. On the basis of submission by parties and heard at hearing the Court grants Plaintiff's motion for class certification, approval of settlement, distribution of proceeds and attorney fees. (ft) (Entered: 07/21/2011)

07/20/2011

116 

ORDER APPROVING PLAN OF DISTRIBUTION OF SETTLEMENT PROCEEDS, For purposes of this Order, the terms used herein shall have the same meanings as set forth in the Settlement Agreement dated March 7, 2011. Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil Procedure, this Court hereby finds and concludes that due and adequate notice was directed to all Persons who are Class Members advising them of the Plan of Distribution and of their right to object thereto, and a full and fair opportunity was accorded to all Persons and entities who are Class Members to be heard with respect to the Plan of Distribution. No Person objected to the Plan of Distribution. The Court hereby finds and concludes that the Plan of Distribution set forth in the Notice is in all respects fair and reasonable and the Court hereby approves the Plan of Distribution. Additional relief as set forth in this Order. (Signed by Judge Victor Marrero on 7/18/11) (pl) Modified on 7/20/2011 (pl). Modified on 7/20/2011 (pl). (Entered: 07/20/2011)

07/20/2011

117 

ORDER AWARDING ATTORNEYS' FEES AND EXPENSES. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that all of the capitalized terms used herein shall have the same meanings as set forth in the Settlement Agreement dated March 7, 2011. The Court hereby awards expenses in an aggregate amount of $285,072.62, plus interest. Lead Plaintiffs' counsel's total lodestar is $4,049,631.50, and as further set forth. (Signed by Judge Victor Marrero on 7/18/11) (rjm) (Entered: 07/20/2011)

07/20/2011

118 

FINAL JUDGMENT AND ORDER OF DISMISSAL settling action. (Signed by Judge Victor Marrero on 7/18/11) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)Filed In Associated Cases: 1:08-cv-03758-VM -JCF, 1:08-cv-05000-VM(ml) (Entered: 07/21/2011)

07/21/2011

119 

ORDER: Having resolved all outstanding issues, claims and motions in this action, the Clerk of Court is directed to terminate any pending motions and to close this case. (Signed by Judge Victor Marrero on 7/21/2011) (ab) (Entered: 07/21/2011)

 

 

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