US
District Court Civil Docket as of
Retrieved from the court on
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Cause: 15:78m(a) Securities Exchange Act |
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Lead Plaintiff |
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Teachers' Retirement System of |
represented by |
Gerald Harlan Silk |
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Plaintiff |
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Steven Schmalz |
represented by |
Salvatore Jo Graziano |
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Consolidated Plaintiff |
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Teamsters Local 807 Labor Management Pension Fund |
represented by |
David Avi Rosenfeld |
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Consolidated Plaintiff |
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Gary Kosseff |
represented by |
Marvin Lawrence Frank |
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Defendant |
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MBIA, Inc. |
represented by |
Christopher John Hamilton |
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Defendant |
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Gary C. Dunton |
represented by |
Christopher John Hamilton |
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Defendant |
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Edward Chaplin |
represented by |
Christopher John Hamilton |
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Consolidated Defendant |
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Joseph W. Brown |
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Movant |
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represented by |
Todd Seth Garber |
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Movant |
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represented by |
Catherine A. Torell |
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Movant |
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represented by |
Alan Ian Ellman |
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Movant |
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represented by |
David Avi Rosenfeld |
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Date Filed |
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Docket Text |
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COMPLAINT against MBIA, Inc., Gary C. Dunton, Edward
Chaplin. (Filing Fee $ 350.00, Receipt Number 638076)Document filed by Steven
Schmalz.(ll) (Additional attachment(s) added on |
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SUMMONS ISSUED as to MBIA, Inc., Gary C. Dunton, Edward Chaplin. (ll) (Entered: |
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Case Designated ECF. (ll) (Entered: |
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Magistrate Judge George A. Yanthis is so designated. (ll)
(Entered: |
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STIPULATION AND ORDER...Defendants time to answer, move or
otherwise respond to the Complaint in this case is hereby extended until 60
days after the later of (a) the appointment of lead plaintiff and lead
counsel pursuant to the provisions of the Private Securities Litigation
Reform Act of 1995 or (b) the filing of a consolidated amended complaint,
subject to any further Orders of this Court....So Ordered. (Signed by Judge
Kenneth M. Karas on |
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MOTION to Appoint Louisiana Municipal Police Employees'
Retirement System to serve as lead plaintiff(s). Document filed by Louisiana
Municipal Police Employees' Retirement System.(Garber, Todd) (Entered: |
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MEMORANDUM OF LAW in Support re: 3
MOTION to Appoint Louisiana Municipal Police Employees' Retirement System to
serve as lead plaintiff(s).. Document filed by
Louisiana Municipal Police Employees' Retirement System. (Garber, Todd)
(Entered: |
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DECLARATION of LESLIE R. STERN in Support re: 3
MOTION to Appoint Louisiana Municipal Police Employees' Retirement System to
serve as lead plaintiff(s).. Document filed by
Louisiana Municipal Police Employees' Retirement System. (Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D)(Garber, Todd) (Entered: |
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CERTIFICATE OF SERVICE of (1) LOUISIANA MUNICIPAL POLICE
EMPLOYEES RETIREMENT SYSTEMS MOTION FOR APPOINTMENT AS LEAD PLAINTIFF; (2)
MEMORANDUM OF LAW IN SUPPORT OF THE MOTION OF THE LOUISIANA MUNICIPAL POLICE
EMPLOYEES RETIREMENT SYSTEM FOR APPOINTMENT AS LEAD PLAINTIFF; (3)
DECLARATION OF LESLIE R. STERN IN SUPPORT OF THE MEMORANDUM OF LAW IN SUPPORT
OF THE MOTION OF THE LOUISIANA MUNICIPAL POLICE EMPLOYEES RETIREMENT SYSTEM
FOR APPOINTMENT AS LEAD PLAINTIFF. Document filed by Louisiana Municipal
Police Employees' Retirement System. (Garber, Todd) (Entered: |
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MOTION to Appoint Tulare County Employees Retirement
Association to serve as lead plaintiff(s) Notice of Motion and Motion of
the Tulare County Employees Retirement Association for Consolidation of
Related Cases and Appointment of Lead Plaintiff and Lead Counsel.
Document filed by Tulare County Employees Retirement Association.(Torell,
Catherine) (Entered: |
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MOTION to Appoint Tulare County Employees Retirement
Association to serve as lead plaintiff(s) Memorandum of Points and
Authorities in Support of the Tulare County Employees Retirement Associations
Motion to be Appointed Lead Plaintiff; to Approve Proposed Lead Plaintiffs
Choice of Counsel; and to Consolidate All Related Actions. Document filed
by Tulare County Employees Retirement Association.(Torell, Catherine)
(Entered: |
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MOTION to Appoint Tulare County Employees Retirement
Association to serve as lead plaintiff(s) Declaration of Catherine A.
Torell in Support of the Tulare County Employees Retirement Associations
Motion for Consolidation, Appointment of Lead Plaintiff and for Approval of
Lead Plaintiffs Choice of Lead Counsel. Document filed by Tulare County
Employees Retirement Association.(Torell, Catherine) (Entered: |
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MOTION to Appoint [Proposed] Order Consolidating Related
Cases and Appointing Lead Plaintiff and Lead Counsel to serve as lead
plaintiff(s). Document filed by Tulare County Employees Retirement
Association.(Torell, Catherine) (Entered: |
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MOTION to Appoint Tulare County Employees Retirement
Association to serve as lead plaintiff(s) Certificate of Service.
Document filed by Tulare County Employees Retirement Association.(Torell,
Catherine) (Entered: |
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MOTION For Consolidation, Appointment as Lead Plaintiff,
and Approval of Selection of Lead Counsel. Document filed by Plymouth County
Retirement System.(Ellman, Alan) (Entered: |
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MEMORANDUM OF LAW in Support re: 12
MOTION For Consolidation, Appointment as Lead Plaintiff, and Approval of
Selection of Lead Counsel.. Document filed by
Plymouth County Retirement System. (Ellman, Alan) (Entered: |
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DECLARATION of Alan I. Ellman in Support re: 12
MOTION For Consolidation, Appointment as Lead Plaintiff, and Approval of
Selection of Lead Counsel.. Document filed by
Plymouth County Retirement System. (Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D, # 5
Exhibit E)(Ellman, Alan) (Entered: |
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CERTIFICATE OF SERVICE. Document filed by Plymouth County
Retirement System. (Ellman, Alan) (Entered: |
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MOTION to Appoint Teachers' Retirement System of Oklahoma
to serve as lead plaintiff(s). Document filed by Teachers' Retirement System
of Oklahoma.(Silk, Gerald) (Entered: |
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MEMORANDUM OF LAW in Support re: 16
MOTION to Appoint Teachers' Retirement System of Oklahoma to serve as lead
plaintiff(s).. Document filed by Teachers'
Retirement System of Oklahoma. (Silk, Gerald) (Entered: |
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DECLARATION of Gerald H. Silk in Support re: 16
MOTION to Appoint Teachers' Retirement System of Oklahoma to serve as lead plaintiff(s).. Document filed by Teachers' Retirement System of
Oklahoma. (Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D, # 5
Exhibit E)(Silk, Gerald) (Entered: |
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CERTIFICATE OF SERVICE. Document filed by Teachers'
Retirement System of Oklahoma. (Silk, Gerald) (Entered: |
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MOTION to Appoint Massachusetts Laborers' Annuity Fund to
serve as lead plaintiff(s) Massachusetss Laborers' Annuity Fund's Motion
for Consolidation, Appointment as Lead Plaintiff and Approval of Lead
Plaintiff's Selection of Lead Counsel. Document filed by Massachusetts
Laborers' Annuity Fund.(Rosenfeld, David) (Entered: |
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MEMORANDUM OF LAW in Support re: 20
MOTION to Appoint Massachusetts Laborers' Annuity Fund to serve as lead
plaintiff(s) Massachusetss Laborers' Annuity Fund's Motion for
Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiff's
Selection of Le MOTION to Appoint Massachusetts Laborers' Annuity Fund to
serve as lead plaintiff(s) Massachusetss Laborers' Annuity Fund's Motion for
Consolidation, Appointment as Lead Plaintiff and Approval of Lead Plaintiff's
Selection of Le. Document filed by |
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DECLARATION of David A. Rosenfeld in Support re: 20
MOTION to Appoint Massachusetts Laborers' Annuity Fund to serve as lead
plaintiff(s) Massachusetss Laborers' Annuity Fund's Motion for Consolidation,
Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of
Le MOTION to Appoint Massachusetts Laborers' Annuity Fund to serve as lead
plaintiff(s) Massachusetss Laborers' Annuity Fund's Motion for Consolidation,
Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of
Le. Document filed by |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from
Salvatore Graziano dated 3/10/08 re: Request for leave to allow class members
seeking appointment as Lead Plaintiff to file their motions on the statutory
deadline of March 11, 2008 as required by the PSLRA. ENDORSEMENT: All class
members wishing to file a motion to be lead plaintiff and to have lead
counsel, under the PSLRA, may file their motions with the Clerk of the Court.
The Court will, at an appropriate time, conference the case to address all
such motions. So Ordered. (Signed by Judge Kenneth M. Karas on |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from
Alan Ellman dated |
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RESPONSE in Support re: 7
MOTION to Appoint Tulare County Employees Retirement Association to serve as
lead plaintiff(s) Notice of Motion and Motion of the Tulare County
Employees Retirement Association for Consolidation of Related Cases and
Appointment of Lead Plaintiff an MOTION to Appoint Tulare County Employees
Retirement Association to serve as lead plaintiff(s) Notice of Motion and
Motion of the Tulare County Employees Retirement Association for
Consolidation of Related Cases and Appointment of Lead Plaintiff an Response
of the Tulare County Employees Retirement Association to the Competing
Motions for Appointment as Lead Plaintiff. Document filed by |
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RESPONSE to Motion re: 12
MOTION For Consolidation, Appointment as Lead Plaintiff, and Approval of
Selection of Lead Counsel., 7
MOTION to Appoint Tulare County Employees Retirement Association to serve as
lead plaintiff(s) Notice of Motion and Motion of the Tulare County
Employees Retirement Association for Consolidation of Related Cases and
Appointment of Lead Plaintiff an MOTION to Appoint Tulare County Employees
Retirement Association to serve as lead plaintiff(s) Notice of Motion and
Motion of the Tulare County Employees Retirement Association for
Consolidation of Related Cases and Appointment of Lead Plaintiff an, 16
MOTION to Appoint Teachers' Retirement System of Oklahoma to serve as lead
plaintiff(s)., 3
MOTION to Appoint Louisiana Municipal Police Employees' Retirement System to
serve as lead plaintiff(s).. Document filed by |
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NOTICE of Withdrawal Without Prejudice Of Plymouth County
Retirement System's Motion For Consolidation, Appointment As Lead Plaintiff,
And Approval Of Selection Of Lead Counsel re: 12
MOTION For Consolidation, Appointment as Lead Plaintiff, and Approval of
Selection of Lead Counsel.. Document filed by Plymouth County Retirement
System. (Keller, Christopher) (Entered: |
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RESPONSE to Motion re: 12
MOTION For Consolidation, Appointment as Lead Plaintiff, and Approval of
Selection of Lead Counsel., 7
MOTION to Appoint Tulare County Employees Retirement Association to serve as
lead plaintiff(s) Notice of Motion and Motion of the Tulare County
Employees Retirement Association for Consolidation of Related Cases and
Appointment of Lead Plaintiff an MOTION to Appoint Tulare County Employees
Retirement Association to serve as lead plaintiff(s) Notice of Motion and
Motion of the Tulare County Employees Retirement Association for
Consolidation of Related Cases and Appointment of Lead Plaintiff an, 16
MOTION to Appoint Teachers' Retirement System of Oklahoma to serve as lead
plaintiff(s)., 20
MOTION to Appoint Massachusetts Laborers' Annuity Fund to serve as lead
plaintiff(s) Massachusetss Laborers' Annuity Fund's Motion for Consolidation,
Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of
Le MOTION to Appoint Massachusetts Laborers' Annuity Fund to serve as lead
plaintiff(s) Massachusetss Laborers' Annuity Fund's Motion for Consolidation,
Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of
Le, 3
MOTION to Appoint Louisiana Municipal Police Employees' Retirement System to
serve as lead plaintiff(s). |
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MEMORANDUM OF LAW in Support re: 16
MOTION to Appoint Teachers' Retirement System of Oklahoma to serve as lead
plaintiff(s).. Document filed by Teachers'
Retirement System of Oklahoma. (Silk, Gerald) (Entered: |
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CERTIFICATE OF SERVICE. Document filed by Teachers'
Retirement System of Oklahoma. (Silk, Gerald) (Entered: |
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CASE MANAGEMENT ORDER No. 1: Pursuant to Rule 42(a) of the
Federal Rules of Civil Procedure, the above-referenced cases are consolidated
for all purposes into a single action. (08cv264, 08cv1845,
08cv2362)...Accordingly, having considered the relevant provisions of the
PSLRA, 15 USC § 78u-4(a)(3)(B), the Court hereby determines that the
Teachers' Retirement System of Oklahoma is the most adequate plaintiff to
represent the purchasers of MBIA securities....Pursusnt to 15 USC § 78u-4(a)(3)(B)(v),
the Teachers' Retirement System of Oklahoma has selected and retained the Law
firm of Bernstein Litowitz Berger & Grossman LLP to serve as lead counsel
for the class....A master docket and master file are hereby established for
the consolidated action. The master file shall be Case No. 08-cv-264
(KMK)....The Clerk of the Court is respectfully directed to terminate the
pending motions in the above referenced cases. (08cv264 Dkt Nos. 3,7,8,9,10,11,12,16,20; 08cv1845 Dkt No. 4; 08cv2362 Dkt No.
2.) So Ordered. (Signed by Judge Kenneth M. Karas on |
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NOTICE OF APPEARANCE by John James Rizio-Hamilton on
behalf of Teachers' Retirement System of Oklahoma (Rizio-Hamilton, John)
(Entered: |
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NOTICE OF APPEARANCE by Steven B. Singer on behalf of
Teachers' Retirement System of Oklahoma (Singer, Steven) (Entered: |
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NOTICE OF APPEARANCE by Mark Lebovitch on behalf of
Teachers' Retirement System of Oklahoma (Lebovitch, Mark) (Entered: |
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NOTICE OF APPEARANCE by Kurt Michael Hunciker on behalf of
Teachers' Retirement System of Oklahoma (Hunciker, Kurt) (Entered: |
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ENDORSED LETTER addressed to Honorable Kenneth M. Karas
from Mark Lebovitch dated |
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CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending 1
Complaint against Teachers' Retirement System of Oklahoma.Document filed by
Teachers' Retirement System of Oklahoma. Related document: 1
Complaint filed by Steven Schmalz.(ll) (Entered: |
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NOTICE of Firm Name Change. Document filed by Tulare County Employees Retirement Association. Filed In Associated Cases: 7:08-cv-00264-KMK, 7:08-cv-01845-KMK, 7:08-cv-02362-KMK(Torell, Catherine) (Entered: 11/21/2008) |
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ENDORSED LETTER addressed to Robert Shwartz from Robert
Shwartz dated |
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NOTICE OF APPEARANCE by Robert N. Shwartz on behalf of MBIA, Inc., Gary C. Dunton, Edward Chaplin (Shwartz, Robert) (Entered: 11/25/2008) |
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NOTICE OF APPEARANCE by Jeremy Feigelson on behalf of MBIA, Inc., Gary C. Dunton, Edward Chaplin (Feigelson, Jeremy) (Entered: 11/25/2008) |
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NOTICE OF APPEARANCE by Christopher John Hamilton on
behalf of MBIA, Inc., Gary C. Dunton, Edward Chaplin (Hamilton, Christopher)
(Entered: |
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NOTICE OF APPEARANCE by Tatyana A. Trakht on behalf of MBIA, Inc., Gary C. Dunton, Edward Chaplin (Trakht, Tatyana) (Entered: 11/25/2008) |
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MOTION SCHEDULING ORDER: Motions due by |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from
Robert Shwartz dated 1/14/09 re:...we are considering submitting, as a
courtsey copy, an electronic version of our memorandum of law in support of
the Defendants' soon -to-be filed motion to dismiss.... ENDORSEMENT: An
iBrief sounds ideal. So Ordered. (Signed by Judge Kenneth M. Karas on |
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STIPULATION AND ORDER Extending Time To Respond To
Complaint....until |
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NOTICE of Notice of Change of Firm Name and Office Address. Document filed by Louisiana Municipal Police Employees' Retirement System. Filed In Associated Cases: 7:08-cv-00264-KMK, 7:08-cv-01845-KMK, 7:08-cv-02362-KMK(Block, Jeffrey) (Entered: 01/26/2009) |
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MOTION to Dismiss the Consolidated Amended Class Action Complaint. Document filed by MBIA, Inc., Gary C. Dunton, Edward Chaplin.Filed In Associated Cases: 7:08-cv-00264-KMK, 7:08-cv-01845-KMK, 7:08-cv-02362-KMK(Shwartz, Robert) (Entered: 04/07/2009) |
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MEMORANDUM OF LAW in Support re: ( |
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DECLARATION of Tatyana Trakht in Support re: ( |
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REPLY MEMORANDUM OF LAW in Support re: ( |
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MEMORANDUM OF LAW in Opposition re: ( |
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ORDER:Please take notice that the
above captioned action has been scheduled for oral argument on all pending
motions before the Honorable Kenneth M. Karas, United States District Judge,
on |
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LETTER addressed to Hon. Kenneth M. Karas from Christopher
J. Hamilton dated 02/01/2010 re: At the request of Your Honor's clerk, I
write to confirm that oral argument in the above matter has been rescheduled
for 11:30 on Friday, March 5, 2010. We have notified opposing counsel. We are
grateful to the Court for accommodating us on this scheduling issue. Document
filed by MBIA, Inc., Gary C. Dunton.(jma) (Entered: |
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OPINION AND ORDER:...For the
reasons stated herein, Defendants' Motion to Dismiss is granted in part and
denied in part. Lead Plaintiff's claims against Dunton and Chaplin are
dismissed without prejudice to amendment. Lead Plaintiff's claims against all
Defendants regarding alleged misstatements or omissions involving control
rights and payment obligations are also dismissed without prejudice.
Defendants' Motion to Dismiss all other claims is denied. Lead Plaintiff is
given thirty days from the date of this Opinion and Order to file a Second
Consolidated Amended Class Action Complaint. The Clerk of Court is
respectfully directed to terminate the pending motion (Dkt. No. 48). SO
ORDERED (Signed by Judge Kenneth M. Karas on |
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