CLOSED, ECF, REFERRED

U.S. District Court
 Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:08-cv-00980-RMB


Gelmis et al v. Cole et al
Assigned to: Judge Richard M. Berman

Related Cases: 

1:08-cv-01299-RMB

 

1:08-cv-01120-RMB

 

1:08-cv-01331-RMB

 

1:08-cv-02005-RMB

 

1:08-cv-02190-RMB

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


Date Filed: 01/30/2008
Date Terminated: 08/18/2008
Jury Demand: Plaintiff
Nature of Suit: 190 Contract: Other
Jurisdiction: Federal Question

 

Plaintiff

 

Joseph S. Gelmis
Individually

represented by

Laurence Matthew Rosen
The Rosen Law Firm, P.A.
350 5th Avenue
Suite 5508
New York , NY 10118
(212) 686-1060
Fax: (212) 202-3827
Email: lrosen@rosenlegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Phillip C. Kim
The Rosen Law Firm P.A.
350 5th Avenue
Suite 5508
New York , NY 10118
(212) 686-1060
Fax: (212) 202-3827
Email: pkim@rosenlegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Joseph S. Gelmis
on behalf of all others similarly situated

represented by

Laurence Matthew Rosen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Phillip C. Kim
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Arnold J. Ross

represented by

Nancy Kaboolian
Abbey Spanier Rodd Abrams & Paradis, LLP
212 East 39th Street
New York , NY 10016
(212) 889-3700
Fax: (212) 684-5191
Email: nkaboolian@abbeyspanier.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Tony Broy

represented by

Joshua M. Lifshitz
Bull & Lifshitz, LLP
18 East 41st Street
New York , NY 10017

(212) 213-6222
Email: jml@nyclasslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Kremser Group

represented by

David A.P. Brower
Brower Piven
488 Madison Avenue
New York , NY 10022
212-501-9000
Fax: 212-501-0300
Email: brower@browerpiven.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Earl W. Cole

 

 

 

 

 

Defendant

 

 

Michael L. Falcone

 

 

 

 

 

Defendant

 

 

William S. Harrison

 

 

 

 

 

Defendant

 

 

Mark K. Joseph

 

 

 

 

 

Defendant

 

 

Melanie M. Lundquist

represented by

David William Tod Daniels
Spears & Imes LLP
51 Madison Avenue
New York , NY 10010
(202) 261-2967
Fax: (202) 261-2999
Email: ddaniels@rkollp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael David Mann
Richards Kibbe & Orbe LLP
Portrait Building, 701 8th Street, N.W.,
Washington , DC 20001
(202)-261-2990
Fax: (917)-344-8790
Email: mmann@rkollp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Gary A. Mentesana

 

 

 

 

 

Defendant

 

 

Robert J. Banks

 

 

 

 

 

Defendant

 

 

Charles C. Baum

 

 

 

 

 

Defendant

 

 

Richard O. Berndt

 

 

 

 

 

Defendant

 

 

Eddie C. Brown

 

 

 

 

 

Defendant

 

 

Robert S. Hillman

 

 

 

 

 

Defendant

 

 

Douglas A. McGregor

 

 

 

 

 

Defendant

 

 

Arthur S. Mehlman

 

 

 

 

 

Defendant

 

 

Fred N. Pratt, Jr.

 

 

 

 

 

Defendant

 

 

Municipal Mortgage & Equity, LLC

 

 

 

 

 

Movant

 

 

FAFN/Slater Group

represented by

Thomas H. Burt
Wolf Haldenstein Adler Freeman & Herz LLP
270 Madison Avenue
New York , NY 10016
(212)-545-4669
Fax: (212)-545-4653
Email: burt@whafh.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Robert Yates

represented by

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

 

 

 

Movant

 

 

Alan S. Barry

represented by

David Avi Rosenfeld
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

David Young

represented by

David Avi Rosenfeld
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Carlo Hornsby

represented by

David Avi Rosenfeld
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Ed Friedlander

represented by

David Avi Rosenfeld
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

MMA Investors

represented by

Phillip C. Kim
The Rosen Law Firm P.A.
350 5th Avenue, Suite 5508
New York , NY 10118

(212) 686-1060
Fax: (212) 202-3827
Email: pkim@rosenlegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Rawden Group

represented by

Christopher J. Keller
Labaton Sucharow, LLP
140 Broadway
New York , NY 10005
(212) 907-0853
Fax: (212) 883-7053
Email: ckeller@labaton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

01/30/2008

1 

COMPLAINT against Charles C. Baum, Richard O. Berndt, Eddie C. Brown, Robert S. Hillman, Douglas A. McGregor, Arthur S. Mehlman, Fred N. Pratt, Jr, Municipal Mortgage & Equity, LLC, Earl W. Cole, Michael L. Falcone, William S. Harrison, Mark K. Joseph, Melanie M. Lundquist, Gary A. Mentesana, Robert J. Banks. (Filing Fee $ 350.00, Receipt Number 640026)Document filed by Joseph S. Gelmis(Individually), Joseph S. Gelmis(on behalf of all others similarly situated).(mbe) (Additional attachment(s) added on 9/16/2008: # 1 part 2) (laq). (Entered: 01/31/2008)

01/30/2008

 

SUMMONS ISSUED as to Charles C. Baum, Richard O. Berndt, Eddie C. Brown, Robert S. Hillman, Douglas A. McGregor, Arthur S. Mehlman, Fred N. Pratt, Jr, Municipal Mortgage & Equity, LLC, Earl W. Cole, Michael L. Falcone, William S. Harrison, Mark K. Joseph, Melanie M. Lundquist, Gary A. Mentesana, Robert J. Banks. (mbe) (Entered: 01/31/2008)

01/30/2008

 

Magistrate Judge Frank Maas is so designated. (mbe) (Entered: 01/31/2008)

01/30/2008

 

Case Designated ECF. (mbe) (Entered: 01/31/2008)

02/05/2008

2 

ENDORSED LETTER addressed to Judge Richard M. Berman from Phillip Kim dated 2/4/08 re: counsel for plaintiff requests that the Court adjourn the initial pretrial conference scheduled for 3/10/08 at 9:15 a.m. ENDORSEMENT: Application respectfully denied. The conference will proceed as scheduled. (Signed by Judge Richard M. Berman on 2/5/08) (dle) (Entered: 02/05/2008)

02/14/2008

3 

ENDORSED LETTER addressed to Judge Richard M. Berman from Phillip Kim dated 2/12/08 re: counsel for plaintiff requests leave to file a Lead Plaintiff Motion without a pre-motion conference. ENDORSEMENT: OK to file motion by 3/31/08 but we are having conference on 3/10/08 in any event. (Signed by Judge Richard M. Berman on 2/14/08) (dle) (Entered: 02/14/2008)

02/19/2008

4 

SUMMONS RETURNED EXECUTED. Municipal Mortgage & Equity, LLC served on 2/19/2008, answer due 3/10/2008. Service was accepted by C.W. Early, Vice President. Document filed by Joseph S. Gelmis(Individually). (Kim, Phillip) (Entered: 02/19/2008)

03/05/2008

5 

NOTICE OF APPEARANCE by Michael David Mann on behalf of Melanie M. Lundquist (Attachments: # 1 Certificate of Service)(Mann, Michael) (Entered: 03/05/2008)

03/07/2008

6 

ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney David William Tod Daniels for Melanie M. Lundquist admitted Pro Hac Vice. (Signed by Judge Richard M. Berman on 3/7/08) (cd) (Entered: 03/10/2008)

03/07/2008

 

Transmission to Attorney Admissions Clerk. Transmitted re: 6 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd) (Entered: 03/10/2008)

03/10/2008

 

CASHIERS OFFICE REMARK on 6 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 03/06/2008, Receipt Number 643988. (jd) (Entered: 03/10/2008)

03/10/2008

 

Minute Entry for proceedings held before Judge Richard M. Berman: Initial Pretrial Conference held on 3/10/2008, ( Status Conference set for 4/10/2008 at 11:30 AM before Judge Richard M. Berman.). (jp) (Entered: 03/12/2008)

03/31/2008

7 

MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP., MOTION to Appoint Arnold J. Ross to serve as lead plaintiff(s)., MOTION to Consolidate Cases 08-0980; 08-01120; 08-1299; 08-01331; 08-02190. Document filed by Arnold J. Ross. (Attachments: # 1 Text of Proposed Order)(Kaboolian, Nancy) (Entered: 03/31/2008)

03/31/2008

8 

MEMORANDUM OF LAW in Support re: 7 MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP. MOTION to Appoint Arnold J. Ross to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-0980; 08-01120; 08-1299; 08-01331; 08-02190. MOTION to Appoint Arnold J. Ross to serve as lead plaintiff(s).. Document filed by Arnold J. Ross. (Kaboolian, Nancy) (Entered: 03/31/2008)

03/31/2008

9 

DECLARATION of Nancy Kaboolian in Support re: 7 MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP. MOTION to Appoint Arnold J. Ross to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-0980; 08-01120; 08-1299; 08-01331; 08-02190. MOTION to Appoint Arnold J. Ross to serve as lead plaintiff(s).. Document filed by Arnold J. Ross. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kaboolian, Nancy) (Entered: 03/31/2008)

03/31/2008

10 

AFFIDAVIT OF SERVICE of Notice of Motion and Motion For Consolidation; Lead Pltf Appointment and Lead Counsel and all supporting documents served on All Counsel of Record on 03/31/2008. Service was made by mail. Document filed by Arnold J. Ross. (Kaboolian, Nancy) (Entered: 03/31/2008)

03/31/2008

11 

MOTION to Appoint Tony Broy to serve as lead plaintiff(s)., MOTION to Approve selection of lead counsel Bull & Lifshitz, LLP., MOTION to Consolidate Cases 1:08-cv-00980, 1:08-cv-01120, 1:08-cv-01299, 1:08-cv-01331, 1:08-cv-02190. Document filed by Tony Broy.(Lifshitz, Joshua) (Entered: 03/31/2008)

03/31/2008

12 

MEMORANDUM OF LAW in Support re: 11 MOTION to Appoint Tony Broy to serve as lead plaintiff(s). MOTION to Approve selection of lead counsel Bull & Lifshitz, LLP. MOTION to Consolidate Cases 1:08-cv-00980, 1:08-cv-01120, 1:08-cv-01299, 1:08-cv-01331, 1:08-cv-02190. MOTION to Appoint Tony Broy to serve as lead plaintiff(s).. Document filed by Tony Broy. (Lifshitz, Joshua) (Entered: 03/31/2008)

03/31/2008

13 

DECLARATION of Joshua M Lifshitz in Support re: 11 MOTION to Appoint Tony Broy to serve as lead plaintiff(s). MOTION to Approve selection of lead counsel Bull & Lifshitz, LLP. MOTION to Consolidate Cases 1:08-cv-00980, 1:08-cv-01120, 1:08-cv-01299, 1:08-cv-01331, 1:08-cv-02190. MOTION to Appoint Tony Broy to serve as lead plaintiff(s).. Document filed by Tony Broy. (Attachments: # 1 Exhibit Exhibits A - D)(Lifshitz, Joshua) (Entered: 03/31/2008)

03/31/2008

14 

MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s)., MOTION to Consolidate Cases., MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. Document filed by FAFN/Slater Group. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Declaration of Service)(Burt, Thomas) (Entered: 03/31/2008)

03/31/2008

15 

MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. Document filed by Robert Yates, Alan S. Barry, David Young, Carlo Hornsby, Ed Friedlander. (Attachments: # 1 Exhibit A - Proposed Order)(Rosenfeld, David) (Entered: 03/31/2008)

03/31/2008

16 

MEMORANDUM OF LAW in Support re: 14 MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s). MOTION to Consolidate Cases. MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s).. Document filed by FAFN/Slater Group. (Burt, Thomas) (Entered: 03/31/2008)

03/31/2008

17 

MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel.. Document filed by Robert Yates, Alan S. Barry, David Young, Carlo Hornsby, Ed Friedlander. (Rosenfeld, David) (Entered: 03/31/2008)

03/31/2008

18 

DECLARATION of Thomas H. Burt, Esq. in Support re: 14 MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s). MOTION to Consolidate Cases. MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s).. Document filed by FAFN/Slater Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burt, Thomas) (Entered: 03/31/2008)

03/31/2008

19 

DECLARATION of Ken Slater in Support re: 14 MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s). MOTION to Consolidate Cases. MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s).. Document filed by FAFN/Slater Group. (Burt, Thomas) (Entered: 03/31/2008)

03/31/2008

20 

DECLARATION of George Gay in Support re: 14 MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s). MOTION to Consolidate Cases. MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s).. Document filed by FAFN/Slater Group. (Burt, Thomas) (Entered: 03/31/2008)

03/31/2008

21 

DECLARATION of David A. Rosenfeld in Support re: 15 MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel.. Document filed by Robert Yates, Alan S. Barry, David Young, Carlo Hornsby, Ed Friedlander. (Attachments: # 1 Exhibit A - first notice, # 2 Exhibit B - Loss Chart, # 3 Exhibit C - certifications, # 4 Exhibit D - Coughlin Stoia resume, # 5 Exhibit E - Berger Montague resume)(Rosenfeld, David) (Entered: 03/31/2008)

03/31/2008

22 

MOTION to Appoint Counsel., MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s)., MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2190. Document filed by MMA Investors. (Attachments: # 1 Text of Proposed Order)(Kim, Phillip) (Entered: 03/31/2008)

03/31/2008

23 

MEMORANDUM OF LAW in Support re: 22 MOTION to Appoint Counsel. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2190. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s).. Document filed by MMA Investors. (Kim, Phillip) (Entered: 03/31/2008)

03/31/2008

24 

DECLARATION of Phillip Kim in Support re: 22 MOTION to Appoint Counsel. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2190. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s).. Document filed by MMA Investors. (Attachments: # 1 Exhibit 1, PSLRA Early Notice, # 2 Exhibit 2, PSLRA Certifications, # 3 Exhibit 3, Loss Chart, # 4 Exhibit 4, RLF Bio)(Kim, Phillip) (Entered: 03/31/2008)

03/31/2008

25 

MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2005, 08-cv-2190., MOTION to Appoint Lead Plaintiff Kremser Group., MOTION to Appoint Counsel. Document filed by Kremser Group.(Brower, David) (Entered: 03/31/2008)

03/31/2008

26 

MEMORANDUM OF LAW in Support re: 25 MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2005, 08-cv-2190. MOTION to Appoint Lead Plaintiff Kremser Group. MOTION to Appoint Counsel.. Document filed by Kremser Group. (Attachments: # 1 Text of Proposed Order)(Brower, David) (Entered: 03/31/2008)

03/31/2008

27 

DECLARATION of David Brower in Support re: 25 MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2005, 08-cv-2190. MOTION to Appoint Lead Plaintiff Kremser Group. MOTION to Appoint Counsel.. Document filed by Kremser Group. (Attachments: # 1 Exhibit)(Brower, David) (Entered: 03/31/2008)

03/31/2008

28 

MOTION For Consolidation, Appointment As Lead Plaintiff And Approval Of Choice Of Lead Counsel. Document filed by Rawden Group.(Keller, Christopher) (Entered: 03/31/2008)

03/31/2008

29 

MEMORANDUM OF LAW in Support re: 28 MOTION For Consolidation, Appointment As Lead Plaintiff And Approval Of Choice Of Lead Counsel.. Document filed by Rawden Group. (Keller, Christopher) (Entered: 03/31/2008)

03/31/2008

30 

DECLARATION of Andrei V. Rado in Support re: 28 MOTION For Consolidation, Appointment As Lead Plaintiff And Approval Of Choice Of Lead Counsel.. Document filed by Rawden Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Keller, Christopher) (Entered: 03/31/2008)

03/31/2008

31 

CERTIFICATE OF SERVICE. Document filed by Rawden Group. (Keller, Christopher) (Entered: 03/31/2008)

04/01/2008

32 

DECLARATION of Mario Alba Jr. in Support re: 15 MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel.. Document filed by Robert Yates, Alan S. Barry, David Young, Carlo Hornsby, Ed Friedlander. (Attachments: # 1 Exhibit A - Declaration of Alan S. Barry, # 2 Exhibit B - Declaration of Edward Friedlander, # 3 Exhibit C - Declaration of Carlo Hornsby, # 4 Exhibit D - Declaration of Robert L. Yates, # 5 Exhibit E - Declaration of David Young)(Alba, Mario) (Entered: 04/01/2008)

04/10/2008

33 

MOTION to Withdraw 8 Memorandum of Law in Support of Motion, 7 MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP. MOTION to Appoint Arnold J. Ross to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-0980; 08-01120; 08-1299; 08-01331; 08-02190. MOTION to Appoint Arnold J. Ross to serve as lead plaintiff(s)., 9 Declaration in Support of Motion,. Document filed by Arnold J. Ross. (Attachments: # 1 Certificate of Service)(Kaboolian, Nancy) (Entered: 04/10/2008)

04/11/2008

34 

MEMO ENDORSEMENT NOTICE OF MOTION OF ARNOLD J. ROSS FOR THE CONSOLIDATION OF ALL RELATED ACTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF LEAD PLAINTIFF'S SELECTION OF LEAD COUNSEL: ENDORSEMENT: Motion (#3) is denied as moot in light of plaintiff's withdrawal application. So Ordered (Signed by Judge Richard M. Berman on 4/11/08) (js) (lb). (Entered: 04/11/2008)

04/11/2008

35 

TRANSCRIPT of proceedings held on 3/10/08 before Judge Richard M. Berman. (ama) (Entered: 04/11/2008)

04/11/2008

36 

MEMO ENDORSEMENT NOTICE OF WITHDRAWAL OF ARNOLD J. ROSS'S MOTION FOR LEAD PLAINTIFF: Motion to withdraw (#33) Granted. Motion to Appoint (#7) is denied as moot. So Ordered. (Signed by Judge Richard M. Berman on 4/11/08) (js) (Entered: 04/15/2008)

04/17/2008

37 

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of WITHDRAWAL OF TONY BROY MOTION AS LEAD PLAINTIFF re: 12 Memorandum of Law in Support of Motion, 13 Declaration in Support of Motion, 11 MOTION to Appoint Tony Broy to serve as lead plaintiff(s). MOTION to Approve selection of lead counsel Bull & Lifshitz, LLP. MOTION to Consolidate Cases 1:08-cv-00980, 1:08-cv-01120, 1:08-cv-01299, 1:08-cv-01331, 1:08-cv-02190. MOTION to Appoint Tony Broy to serve as lead plaintiff(s). Document filed by Tony Broy. (Lifshitz, Joshua) Modified on 4/18/2008 (db). (Entered: 04/17/2008)

04/17/2008

38 

MEMO ENDORSEMENT on: 37 Notice, filed by Tony Broy: Motion #11 dismissed. Counsel's withdrawal accepted. (Signed by Judge Richard M. Berman on 4/17/08) (cd) (Entered: 04/17/2008)

04/17/2008

39 

RESPONSE to Motion re: 28 MOTION For Consolidation, Appointment As Lead Plaintiff And Approval Of Choice Of Lead Counsel.. Document filed by Rawden Group. (Keller, Christopher) (Entered: 04/17/2008)

04/17/2008

40 

CERTIFICATE OF SERVICE of the Rawden Group's Response to Competing Motions for Consolidation, Appointment of Lead Plaintiff and Approval of Selection of Lead Counsel served on all parties on 4/17/2008. Document filed by Rawden Group. (Keller, Christopher) (Entered: 04/17/2008)

04/17/2008

41 

Memo Endorsed on Notice of Withdrawal of Tony Broy Motion for Lead Plaintiff; ENDORSEMENT: Motion #11 dismissed. Counsel's withdrawal accepted. (Signed by Judge Richard M. Berman on 4/17/08); (docmt prev. terminated) (djc) (Entered: 04/17/2008)

04/17/2008

42 

MEMORANDUM OF LAW in Opposition re: 14 MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s). MOTION to Consolidate Cases. MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s)., 25 MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2005, 08-cv-2190. MOTION to Appoint Lead Plaintiff Kremser Group. MOTION to Appoint Counsel., 15 MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel., 28 MOTION For Consolidation, Appointment As Lead Plaintiff And Approval Of Choice Of Lead Counsel. and in Further Support of MMA Investors Motion for Appointment as Lead Plaintiffs and Approval of Selection of Counsel. Document filed by MMA Investors. (Kim, Phillip) (Entered: 04/17/2008)

04/17/2008

43 

DECLARATION of Phillip Kim in Opposition re: 14 MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s). MOTION to Consolidate Cases. MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s)., 25 MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2005, 08-cv-2190. MOTION to Appoint Lead Plaintiff Kremser Group. MOTION to Appoint Counsel., 15 MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel., 28 MOTION For Consolidation, Appointment As Lead Plaintiff And Approval Of Choice Of Lead Counsel.. Document filed by MMA Investors. (Attachments: # 1 Exhibit 1 Joint Declaration, # 2 Exhibit 2 FAFN Website, # 3 Exhibit 3 Slater Information)(Kim, Phillip) (Entered: 04/17/2008)

04/17/2008

44 

MEMORANDUM OF LAW in Opposition re: 14 MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s). MOTION to Consolidate Cases. MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s)., 25 MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2005, 08-cv-2190. MOTION to Appoint Lead Plaintiff Kremser Group. MOTION to Appoint Counsel., 7 MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP. MOTION to Appoint Arnold J. Ross to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-0980; 08-01120; 08-1299; 08-01331; 08-02190. MOTION to Appoint Arnold J. Ross to serve as lead plaintiff(s)., 11 MOTION to Appoint Tony Broy to serve as lead plaintiff(s). MOTION to Approve selection of lead counsel Bull & Lifshitz, LLP. MOTION to Consolidate Cases 1:08-cv-00980, 1:08-cv-01120, 1:08-cv-01299, 1:08-cv-01331, 1:08-cv-02190. MOTION to Appoint Tony Broy to serve as lead plaintiff(s)., 28 MOTION For Consolidation, Appointment As Lead Plaintiff And Approval Of Choice Of Lead Counsel., 22 MOTION to Appoint Counsel. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2190. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s).. Document filed by Robert Yates, Alan S. Barry, David Young, Carlo Hornsby, Ed Friedlander. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Alba, Mario) (Entered: 04/17/2008)

04/17/2008

45 

MEMORANDUM OF LAW in Opposition re: 25 MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2005, 08-cv-2190. MOTION to Appoint Lead Plaintiff Kremser Group. MOTION to Appoint Counsel., 15 MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel., 22 MOTION to Appoint Counsel. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2190. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s).. Document filed by FAFN/Slater Group. (Burt, Thomas) (Entered: 04/17/2008)

04/17/2008

46 

MEMORANDUM OF LAW in Opposition re: 14 MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s). MOTION to Consolidate Cases. MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s)., 25 MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2005, 08-cv-2190. MOTION to Appoint Lead Plaintiff Kremser Group. MOTION to Appoint Counsel., 15 MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel., 11 MOTION to Appoint Tony Broy to serve as lead plaintiff(s). MOTION to Approve selection of lead counsel Bull & Lifshitz, LLP. MOTION to Consolidate Cases 1:08-cv-00980, 1:08-cv-01120, 1:08-cv-01299, 1:08-cv-01331, 1:08-cv-02190. MOTION to Appoint Tony Broy to serve as lead plaintiff(s)., 28 MOTION For Consolidation, Appointment As Lead Plaintiff And Approval Of Choice Of Lead Counsel., 22 MOTION to Appoint Counsel. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2190. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s).. Document filed by Kremser Group. (Miller, Kim) (Entered: 04/17/2008)

04/17/2008

47 

DECLARATION of Kim E. Miller in Opposition re: 14 MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s). MOTION to Consolidate Cases. MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s)., 25 MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2005, 08-cv-2190. MOTION to Appoint Lead Plaintiff Kremser Group. MOTION to Appoint Counsel., 15 MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel., 11 MOTION to Appoint Tony Broy to serve as lead plaintiff(s). MOTION to Approve selection of lead counsel Bull & Lifshitz, LLP. MOTION to Consolidate Cases 1:08-cv-00980, 1:08-cv-01120, 1:08-cv-01299, 1:08-cv-01331, 1:08-cv-02190. MOTION to Appoint Tony Broy to serve as lead plaintiff(s)., 28 MOTION For Consolidation, Appointment As Lead Plaintiff And Approval Of Choice Of Lead Counsel., 22 MOTION to Appoint Counsel. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2190. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s).. Document filed by Kremser Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-D, # 4 Exhibit E-F, # 5 Exhibit G-L)(Miller, Kim) (Entered: 04/17/2008)

04/18/2008

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Joshua M. Lifshitz to E-MAIL Document No. 37 Notice of Withdrawal of Tony Broy Motion for Lead Plaintiff to orders_and_judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) (Entered: 04/18/2008)

04/18/2008

48 

NOTICE of Withrawal of Tony Broy Motion as Lead Plaintiff re: 12 Memorandum of Law in Support of Motion, 13 Declaration in Support of Motion, 11 MOTION to Appoint Tony Broy to serve as lead plaintiff(s). MOTION to Approve selection of lead counsel Bull & Lifshitz, LLP. MOTION to Consolidate Cases 1:08-cv-00980, 1:08-cv-01120, 1:08-cv-01299, 1:08-cv-01331, 1:08-cv-02190. MOTION to Appoint Tony Broy to serve as lead plaintiff(s).. Document filed by Tony Broy. (Lifshitz, Joshua) (Entered: 04/18/2008)

04/28/2008

49 

REPLY MEMORANDUM OF LAW in Support re: 22 MOTION to Appoint Counsel. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2190. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s). and in further opposition to competing motions. Document filed by MMA Investors. (Kim, Phillip) (Entered: 04/28/2008)

04/28/2008

50 

REPLY MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. MOTION to Appoint Robert Yates; Alan S. Barry; David Young; Carlo Hornsby; and Ed Friedlander to serve as lead plaintiff(s) ; MOTION for Consolidation; and Motion to Approve Selection of Lead Counsel. And In Response To The Opposition Of The Competing Movants. Document filed by Robert Yates, Alan S. Barry, David Young, Carlo Hornsby, Ed Friedlander. (Attachments: # 1 Exhibit A)(Rosenfeld, David) (Entered: 04/28/2008)

04/28/2008

51 

DECLARATION of Phillip Kim in Support re: 22 MOTION to Appoint Counsel. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2190. MOTION to Appoint Norman Feinberg, Robert Stark, Leonard Klorfine, Daryl Bonyor, & Alan Fetch to serve as lead plaintiff(s).. Document filed by MMA Investors. (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)(Kim, Phillip) (Entered: 04/28/2008)

04/28/2008

52 

REPLY MEMORANDUM OF LAW in Support re: 25 MOTION to Consolidate Cases 08-cv-1120, 08-cv-1299, 08-cv-1331, 08-cv-2005, 08-cv-2190. MOTION to Appoint Lead Plaintiff Kremser Group. MOTION to Appoint Counsel.. Document filed by Kremser Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brower, David) (Entered: 04/28/2008)

04/28/2008

53 

REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s). MOTION to Consolidate Cases. MOTION to Appoint Counsel MOTION OF THE FAFN/SLATER GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint FAFN/Slater Group to serve as lead plaintiff(s).. Document filed by FAFN/Slater Group. (Attachments: # 1 Declaration of Kenneth Slater in Further Support of His Motion to Consolidate, Appoint the FAFN/Slater Group Lead Plaintiff and the Concomitant Selection of Lead Counsel, # 2 Declaration of George Gay in Further Support of His Motion to Consolidate, Appoint the FAFN/Slater Group Lead Plaintiff and the Concomitant Selection of Lead Counsel)(Burt, Thomas) (Entered: 04/28/2008)

04/29/2008

54 

ORDER: The parties are directed to update the Court every 30 days beginning May 12, 2008 on the status of the MDL Panel proceeding and of the action(s) pending the District of Maryland. (Status Report due by 5/12/2008.) (Signed by Judge Richard M. Berman on 4/29/08) (mr) (Entered: 04/29/2008)

05/02/2008

55 

TRANSCRIPT of proceedings held on 4/10/08 before Judge Richard M. Berman. (ama) (Entered: 05/02/2008)

05/12/2008

56 

STATUS REPORT. Update of the proceedings before the Judicial Panel on Multidistrict Litigation and the actions pending in the United States District Court for the District of Maryland Document filed by Municipal Mortgage & Equity, LLC.(Weidner, James) (Entered: 05/12/2008)

05/12/2008

57 

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of RESPONSE TO APRIL 29, 2008 COURT ORDER re: 54 Order, Set Deadlines. Document filed by Robert Yates, Alan S. Barry, David Young, Carlo Hornsby, Ed Friedlander. (Alba, Mario) Modified on 5/13/2008 (db). (Entered: 05/12/2008)

05/12/2008

58 

STATUS REPORT. of MMA Investors and Request that the Court direct the parties to submit all future Status Reports Jointly in order to avoid duplicative submissions Document filed by MMA Investors.(Kim, Phillip) (Entered: 05/12/2008)

05/13/2008

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Mario Alba to RE-FILE Document 57 Notice (Other), Notice (Other). Use the document type Response (non-motion) found under the document list Other Answers. (db) (Entered: 05/13/2008)

05/13/2008

59 

RESPONSE to the Court's 4/29/08 Order requesting updates of the proceedings before the MDL Panel and the actions pending in the US District for the District of Maryland. Document filed by Robert Yates, Alan S. Barry, David Young, Carlo Hornsby, Ed Friedlander. (Alba, Mario) (Entered: 05/13/2008)

05/14/2008

60 

STATUS REPORT The MMA Investors group respectfully requests that the Court direct the parties to submit all future Status Reports (via letter or court filing) jointly, in order to avoid duplicative submissions or filings with the Court. (Signed by Judge Richard M. Berman on 5/14/08) (mme) (Entered: 05/14/2008)

08/11/2008

61 

STATUS REPORT. Document filed by Kremser Group.(Brower, David) (Entered: 08/11/2008)

08/14/2008

62 

STATUS REPORT. Document filed by Kremser Group.(Brower, David) (Entered: 08/14/2008)

08/18/2008

63 

CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - District of Maryland. (Signed by MDL Panel on 8/13/08) (laq) (Entered: 09/16/2008)

08/18/2008

 

MDL TRANSFER OUT: Mailed certified copy of docket entries and transfer order along with letter of acknowledgment to the United States District Court - District of Maryland. Mailed via Federal Express AIRBILL # 8655 7112 4727 on 9/16/08. (laq) (Entered: 09/16/2008)

09/16/2008

 

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Laurence Matthew Rosen for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, to: case_openings@nysd.uscourts.gov. (laq) (Entered: 09/16/2008)

09/18/2008

 

Received a letter from the United States District Court - District of Maryland acknowledging receipt of the entire file and assigned Case Number: 08-2133 (MJG). (mbe) (Entered: 09/24/2008)

04/27/2009

 

***DELETED DOCUMENT. Deleted document number 64 Endorsed Letter. The document was incorrectly filed in this case. (js) (Entered: 05/01/2009)