Baughman, Cat12, MDL, Termed

U.S. District Court
Northern District of Ohio (Cleveland)
CIVIL DOCKET FOR CASE #: 1:08-cv-00209-SO


Casey v. National City Corporation et al
Assigned to: Judge Solomon Oliver, Jr
Cause: 7:6(b) Federal Commodity Exchange Regulation


Date Filed: 01/24/2008
Date Terminated: 12/02/2008
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Plaintiff

 

Robert Casey
individually and
on behalf of
all others similarly situated

represented by

Henry R. Rosen
Robbins Geller Rudman & Dowd - San Diego
Ste. 1900
655 West Broadway
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: henryr@csgrr.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Daniel P. Goetz
Weisman, Kennedy & Berris
1600 Midland Bldg.
101 Prospect Avenue, W
Cleveland, OH 44115
216-781-1111
Fax: 216-781-6747
Email: dgoetz@weismanlaw.com
ATTORNEY TO BE NOTICED

Darren J. Robbins
Robbins Geller Rudman & Dowd - San Diego
Ste. 1900
655 West Broadway
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: e_file_sd@rgrdlaw.com
ATTORNEY TO BE NOTICED

David C. Walton
Robbins Geller Rudman & Dowd - San Diego
Ste. 1900
655 West Broadway
San Diego, CA 92101
619-231-1058
ATTORNEY TO BE NOTICED

R. Eric Kennedy
Weisman, Kennedy & Berris
1600 Midland Bldg.
101 Prospect Avenue, W
Cleveland, OH 44115
216-781-1111
Fax: 216-781-6747
Email: ekennedy@weismanlaw.com
ATTORNEY TO BE NOTICED

Samuel H. Rudman
Lerach, Coughlin, Stoia, Geller, Rudman & Robbins
Ste. 200
58 South Service Road
Melville, NY 11747
631-367-7100
Fax: 631-367-1173
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Skandia Life Insurance Company Ltd.

represented by

Roger W. Van Deusen
Van Deusen & Wagner
1610 Hanna Bldg.
1422 Euclid Avenue
Cleveland, OH 44115-2001
216-781-4000
Fax: 216-781-5666
Email: vandeusenr@vwlawyers.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Shannon A. Rogers
National Labor Relations Board - Baltimore
8 Appraisers Store Bldg.
103 South Gay Street
Baltimore, MD 21298
410-962-2915
Fax: 962-2198
Email: shannon.rogers@nlrb.gov
TERMINATED: 05/06/2008
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

National City Corporation

represented by

Adrienne F. Mueller
Jones Day - Cleveland
901 Lakeside Avenue
Cleveland, OH 44114
216-586-7370
Fax: 216-579-0212
Email: afmueller@jonesday.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew G. Fiorella
Jones Day - Cleveland
901 Lakeside Avenue
Cleveland, OH 44114
216-586-7195
Fax: 216-579-0212
Email: agfiorella@jonesday.com
ATTORNEY TO BE NOTICED

Geoffrey J. Ritts
Jones Day - Cleveland
901 Lakeside Avenue
Cleveland, OH 44114
216-586-3939
Fax: 216-579-0212
Email: gjritts@jonesday.com
ATTORNEY TO BE NOTICED

John M. Newman , Jr.
Jones Day - Cleveland
901 Lakeside Avenue
Cleveland, OH 44114
216-586-7207
Fax: 216-579-0212
Email: jmnewman@jonesday.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Peter E. Raskind

represented by

Adrienne F. Mueller
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew G. Fiorella
(See above for address)
ATTORNEY TO BE NOTICED

Geoffrey J. Ritts
(See above for address)
ATTORNEY TO BE NOTICED

John M. Newman , Jr.
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

David A. Daberko

represented by

Adrienne F. Mueller
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew G. Fiorella
(See above for address)
ATTORNEY TO BE NOTICED

Geoffrey J. Ritts
(See above for address)
ATTORNEY TO BE NOTICED

John M. Newman , Jr.
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Jeffrey D. Kelly

represented by

Adrienne F. Mueller
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew G. Fiorella
(See above for address)
ATTORNEY TO BE NOTICED

Geoffrey J. Ritts
(See above for address)
ATTORNEY TO BE NOTICED

John M. Newman , Jr.
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Movant

 

 

Thomas P. DiNapoli

represented by

Ira M. Press
Kirby, McInerney & Squire
16th Floor
825 Third Avenue
New York, NY 10022
212-371-6600
Fax: 212-751-2540
Email: ipress@kmllp.com
ATTORNEY TO BE NOTICED

Roger W. Van Deusen
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

Plumbers and Steamfitters Local No. 7, Pension, Welfare and Annuity Funds and Paul P. Lynch

represented by

R. Eric Kennedy
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

01/24/2008

1 

Complaint with jury demand against National City Corporation, Peter E. Raskind, David A. Daberko & Jeffrey D. Kelly. Filing fee $ 350, receipt number 14660016088. Filed by Robert Casey. (Attachments: # 1 Civil Cover Sheet) (Ja,N) (Entered: 01/25/2008)

01/24/2008

  

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Baughman. (Ja,N) (Entered: 01/25/2008)

01/24/2008

2 

Summons and Magistrate Consent Form issued to counsel for service upon National City Corporation, Peter E. Raskind, David A. Daberko & Jeffrey D. Kelly. (Attachments: # 1 Magistrate Consent Form) (Ja,N) (Entered: 01/25/2008)

02/04/2008

3 

Waiver of Summons by National City Bank returned. Waiver mailed on January 30, 2008 filed on behalf of Robert Casey (Goetz, Daniel) (Entered: 02/04/2008)

02/04/2008

4 

Waiver of Summons by Jeffrey D. Kelley returned. Waiver mailed on January 30, 2008 filed on behalf of Robert Casey (Goetz, Daniel) (Entered: 02/04/2008)

02/04/2008

5 

Waiver of Summons by David A. Daberko returned. Waiver mailed on January 30, 2008 filed on behalf of Robert Casey (Goetz, Daniel) (Entered: 02/04/2008)

02/04/2008

6 

Waiver of Summons by Peter E. Raskind returned. Waiver mailed on January 30, 2008 filed on behalf of Robert Casey (Goetz, Daniel) (Entered: 02/04/2008)

02/06/2008

7 

Motion for attorney David C. Walton to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000002850583, filed by Plaintiff Robert Casey. (Attachments: # 1 Exhibit Ex. A - Certificate of Good Standing, # 2 Exhibit Ex. B - Order)(Goetz, Daniel) (Entered: 02/06/2008)

02/08/2008

8 

Attorney Appearance by Adrienne M. Ferraro , John M. Newman, Jr. and Geoffrey J. Ritts filed by on behalf of National City Corporation, Peter E. Raskind, David A. Daberko, Jeffrey D. Kelly. (Ferraro, Adrienne) (Entered: 02/08/2008)

02/08/2008

9 

Corporate Disclosure Statement by National City Corporation filed by National City Corporation. (Ferraro, Adrienne) (Entered: 02/08/2008)

02/08/2008

  

Order [non-document] granting Plaintiff Robert Casey's Motion for admission pro hac vice of attorney David C. Walton. Approved by Judge Patricia A. Gaughan on 2/6/08. (Related Doc # 7 ) (LC,S) (Entered: 02/08/2008)

02/20/2008

10 

Motion to consolidate cases - All Securities, ERISA, and Derivative Cases for Pretrial Purposes filed by National City Corporation, Peter E. Raskind, David A. Daberko, Jeffrey D. Kelly. (Attachments: # 1 Brief in Support, # 2 Exhibit A: Unreported Order - Cardinal Health, # 3 Exhibit B: Unreported Order - American Electric Power, # 4 Exhibit C: Unreported Order - AOL Time Warner)(Newman, John) (Entered: 02/20/2008)

03/07/2008

11 

Memorandum in Partial Opposition to 10 Motion to consolidate - All Securities, ERISA, and Derivative Cases for Pretrial Purposes filed by Robert Casey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Karon, Daniel) Modified on 3/10/2008 (S,R). (Entered: 03/07/2008)

03/10/2008

12 

Motion for attorney Henry Rosen to Appear Pro Hac Vice. Filing fee $ 100, receipt number 14660017555, filed by Plaintiff Robert Casey. (Attachments: # 1 Exhibit Exhibit A - Certificate of Good Standing, # 2 Exhibit Exhibit B Order)(Goetz, Daniel) (Entered: 03/10/2008)

03/12/2008

  

Order [non-document]: Plaintiff's Motion for appearance pro hac vice of attorney Henry R. Rosen is granted. Approved by Judge Patricia A. Gaughan on 3/11/08. (Related Doc # 12 ) (LC,S) (Entered: 03/12/2008)

03/19/2008

13 

Reply in Support of Motion to Consolidate Cases - All Securities, ERISA and Derivative Cases for Pretrial Purposes filed by National City Corporation, Peter E. Raskind, David A. Daberko, Jeffrey D. Kelly. Related document(s) 10 . (Attachments: # 1 Proposed Order) (Newman, John) (Entered: 03/19/2008)

03/24/2008

14 

Motion for appointment of counsel Approval and Appointment of Skandia Life Insurance Company Ltd. as Lead Plaintiff filed by. (Attachments: # 1 Brief in Support of Skandia Life Insurance Company Ltd.'s Motion for Appointment as Lead Plaintiff and Approval of its Selection of Counsel, # 2 Declaration of Eben O. McNair in Support of Skandia Life Insurance Company Ltd.'s Motion for Appointment as Lead Plaintiff and Approval of its Selection of Counsel, # 3 Exhibit A to the Declaration of Eben O. McNair, IV, # 4 Exhibit B to the Declaration of Eben O. McNair, IV, # 5 Exhibit C to the Declaration of Eben O. McNair, IV, # 6 Exhibit D to the Declaration of Eben O. McNair, IV, # 7 Exhibit E to the Declaration of Eben O. McNair, IV, # 8 Exhibit F-1 to the Declaration of Eben O. McNair, IV, # 9 Exhibit F-2 to the Declaration of Eben O. McNair, IV, # 10 Exhibit F-3 to the Declaration of Eben O. McNair, IV, # 11 Exhibit F-4A to the Declaration of Eben O. McNair, IV, # 12 Exhibit F-4B to the Declaration of Eben O. McNair, IV, # 13 Exhibit F-5 to the Declaration of Eben O. McNair, IV, # 14 Exhibit F-6 to the Declaration of Eben O. McNair, IV, # 15 Exhibit G to the Declaration of Eben O. McNair, IV, # 16 Proposed Order Appointing Lead Plaintiff and Lead and Liaison Counsel)(Rogers, Shannon) (Entered: 03/24/2008)

03/24/2008

15 

Motion for appointment of counsel filed by Thomas P. DiNapoli. (Attachments: # 1 Proposed Order Appointing Lead Plaintiff and Approving Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel)(Van Deusen, Roger) Modified filer on 4/8/2008 (B,R). (Entered: 03/24/2008)

03/24/2008

16 

Declaration of Ira M. Press in Support of The Motion of Thomas P. DiNapoli, Comptroller of The State of New York, as Administrative Head of The New York State and Local Retierement Systems and as Trustee of The New York State Common Retirement Fund For Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel and Liaison Counsel filed by Thomas P. DiNapoli. Related document(s) 15 . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Van Deusen, Roger) Modified on 4/8/2008 (B,R). (Entered: 03/24/2008)

03/24/2008

17 

Memorandum In Support of 15 Motion for appointment of counsel , appointment as Lead Plaintiff and approval of Selection of Lead Counsel and Liaison Counsel filed by Thomas P. DiNapoli. (Van Deusen, Roger) (Entered: 03/24/2008)

03/24/2008

18 

Affidavit of Service of Roger Van Deusen filed by Thomas P. DiNapoli. Related document(s) 15 . (Van Deusen, Roger) Modified on 4/8/2008 (B,R). (Entered: 03/24/2008)

03/24/2008

19 

Motion for appointment of counsel Plumbers amd Steamfitters Local No. 7 Pension, Welfare and Annuity Funds and Paul P. Lynch's Notice of Motion and Motion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel filed by. (Attachments: # 1 Brief in Support, # 2 Affidavit of Daniel P. Goetz in Support, # 3 Exhibit A to the Affidavit of Daniel P. Goetz , # 4 Exhibit B to the Affidavit of Daniel P. Goetz , # 5 Exhibit C to the Affidavit of Daniel P. Goetz , # 6 Exhibit D to the Affidavit of Daniel P. Goetz , # 7 Exhibit E to the Affidavit of Daniel P. Goetz , # 8 Exhibit F to the Affidavit of Daniel P. Goetz , # 9 Proposed Order)(Kennedy, R.) Modified on 3/25/2008 (S,R). (Entered: 03/24/2008)

03/25/2008

20 

Notice of Service Certificate of Service of Shannon A. Rogers, Esq. filed by Skandia Life Insurance Company Ltd.. Related document(s) 14 .(Rogers, Shannon) (Entered: 03/25/2008)

03/25/2008

21 

Unopposed Motion for Extension of Response Date to Complaint in Light of Competing Motions for Appointment of Lead Plaintiff and Approval of Selection of Counsel filed by National City Corporation, Peter E. Raskind, David A. Daberko, Jeffrey D. Kelly. (Attachments: # 1 Proposed Order)(Ferraro, Adrienne) (Entered: 03/25/2008)

03/26/2008

  

Financial Transaction in the amount of $100.00 received for motion to appear pro hac vice by attorney Ira M. Press, Receipt # 14660018048 (Ja,N) (Entered: 03/26/2008)

03/26/2008

22 

Motion for attorney Ira M. Press to Appear Pro Hac Vice. Filing fee $ 100, receipt number 14660018048, filed by Movant Thomas P. DiNapoli. (Attachments: # 1 Declaration of Ira M. Press, # 2 Certificate of Goodstanding, # 3 Proposed Order)(E,P) (Entered: 03/27/2008)

04/01/2008

23 

Order: Defendants' Unopposed Motion for Extension of Response Date to Complaint in Light of Competing Motions for Appointment of Lead Plaintiff and Approval of Selection of Counsel is hereby Granted. (Related Doc # 21 ) Signed by Judge Patricia A. Gaughan on 3/31/08. (LC,S) (Entered: 04/01/2008)

04/02/2008

24 

Response to 15 Motion for appointment of counsel, 14 Motion for appointment of counsel Approval and Appointment of Skandia Life Insurance Company Ltd. as Lead Plaintiff filed by Plumbers and Steamfitters Local No. 7, Pension, Welfare and Annuity Funds and Paul P. Lynch. (Kennedy, R.) (Entered: 04/02/2008)

04/02/2008

  

Order [non-document] granting Motion for leave to admit Attorney Ira M. Press pro hac vice for Movant Thomas P. DiNapoli. Approved by Judge Patricia A. Gaughan on 3/31/08. (Related Doc # 22 ) (LC,S) (Entered: 04/02/2008)

04/04/2008

  

Order [non-document]: Motion of of Thomas DiNapoli, Comptroller of the State of New York, as Administrative Head of the New York State and Local Retirement Systems and as Trustee of the New York State Common Retirement Fund for appointment as lead pltf and approval of selection of lead and liaison counsel is GRANTED. (Related Doc # 15 )Approved by Judge Patricia A. Gaughan on 4/4/08.(LC,S) (Entered: 04/04/2008)

04/04/2008

  

Order [non-document]: Motion of Skandia Life Insurance Company LTD for appointment as lead plaintiff and approval of its selection of counsel is DENIED. Approved by Judge Patricia A. Gaughan on 4/4/08. (Related Doc # 14 ) (LC,S) (Entered: 04/04/2008)

04/04/2008

  

Order [non-document]: Plumbers and Steamfitters Local No 7 Pension, Welfare and Annuity Funds and Paul P. Lynch's notice of motion and motion for appointment as lead plft and approval of lead pltfs selection of lead and liaison counsel is DENIED. Approved by Judge Patricia A. Gaughan on 4/4/08. (Related Doc # 19 )(LC,S) (Entered: 04/04/2008)

04/08/2008

25 

Order of Consolidation. In re Securities Cases. Signed by Judge Patricia A. Gaughan on 4/8/08. (S,R) (Entered: 04/08/2008)

04/09/2008

26 

Notice of Withdrawal of Plaintiff's Counsel filed by Robert Casey. (Kennedy, R.) (Entered: 04/09/2008)

05/01/2008

27 

Motion to withdraw as attorney filed by Plaintiff Skandia Life Insurance Company Ltd.. (Rogers, Shannon) (Entered: 05/01/2008)

05/06/2008

28 

Marginal Entry Order granting Skandia Life Insurance Company Ltd. Motion to withdraw as counsel. Attorney Shannon A. Rogers removed from case. (Related Doc # 27 ). Signed by Judge Patricia A. Gaughan on 5/6/08.(S,R) (Entered: 05/13/2008)

06/13/2008

29 

Amended Class Action Complaint for violations of the Federal Securities Laws with jury demand against all defendants filed by Court-appointed Lead Plaintiff Thomas P. DiNapoli. (S,R) Modified docket text on 7/14/2008 (B,IE). (Entered: 07/11/2008)

09/05/2008

30 

Order: For the reasons set forth on the record in docket number 08 CV 7000, this Court must recuse itself from this matter. Case reassign to Judge Solomon Oliver, Jr for all further proceedings. Judge Patricia A. Gaughan on 9/5/08. (LC,S) (Entered: 09/05/2008)

09/09/2008

31 

Motion to dismiss The Amended Class Action Complaint filed by National City Corporation, Peter E. Raskind, David A. Daberko, Jeffrey D. Kelly. Related document(s) 29 , 10 , 30 . (Attachments: # 1 Brief in Support, # 2 Declaration of Andrew G. Fiorella In Support, # 3 Exhibit 1, National City Corporation, 2006 Form 10-K, # 4 Exhibit 2, National City Corporation, 2007 Form 10-K, # 5 Exhibit 3, National City Corporation, Form 10-Q For The Quarter Ended Mar. 31, 2007, # 6 Exhibit 4, National City Corporation, Form 10-Q For The Quarter Ended June 30, 2007, # 7 Exhibit 5, National City Corporation, Form 10-Q For The Quarter Ended Sept. 30, 2007, # 8 Exhibit 6, National City Corporation, Form 10-Q For The Quarter Ended Mar. 31, 2008, # 9 Exhibit 7, National City Corporation, Form 10-Q For The Quarter Ended June 30, 2008, # 10 Exhibit 8, National City Corporation, Form 8-K, Mar. 14, 2007, # 11 Exhibit 9, National City Corporation, Form 8-K, May 1, 2007, # 12 Exhibit 10, National City Corporation, Form 8-K, Aug. 16, 2007, # 13 Exhibit 11, National City Corporation, Form 8-K, Sept. 17, 2007, # 14 Exhibit 12, National City Corporation, Form 8-K, Oct. 24, 2007, # 15 Exhibit 13, National City Corporation, Form 8-K, January 22, 2008, # 16 Index 14, National City Q2 2007 Earnings Call Transcript, # 17 Exhibit 15, National City Corporation 2007 Analyst Call, Final Transcript, # 18 Exhibit 16, National City Corporation Q3 2007 Earnings Call Transcript, # 19 Exhibit 17, National City Corporation Q4 2007 Earnings Call Transcript, # 20 Exhibit 18, National City Corporation, March 7, 2007 Definitive Proxy Statement, # 21 Exhibit 19, National City Corporation, March 7, 2008 Definitive Proxy Statement, # 22 Exhibit 20, Compendium Of Articles Cited In The Memorandum Of Law, # 23 Exhibit 21, Compendium Of Testimony Cited In The Memorandum, # 24 Exhibit 22, Compendium Of Governmental And Organizational Reports Cited In The Memorandum, # 25 Exhibit 23, Unreported Cases Cited In The Memorandum (1 of 3), # 26 Exhibit 23, Unreported Cases Cited In The Memorandum (2 of 3), # 27 Exhibit 23, Unreported Cases Cited In The Memorandum (3 of 3), # 28 Exhibit 24, Freddie Mac Documents, # 29 Exhibit 25, Expanded Guidance For Subprime Lending Programs, # 30 Exhibit 26, Market ABX Indices, # 31 Exhibit 27, Bear Stearns Analyst Report, Oct. 1, 2007, # 32 Exhibit 28, Banking Industry Sec Filings Excerpts, # 33 Exhibit 29, Compendium Of Loss Announcements And Asset Write-Downs, # 34 Exhibit 30, The D & O Diary, # 35 Exhibit 31, Apr. 16, 2008 Barfield Form 4, # 36 Exhibit 32, Aug. 31, 2007 National City Corporation Form S-4MEF, # 37 Proposed Order)(Fiorella, Andrew) (Entered: 09/09/2008)

09/26/2008

32 

Notice of Filing Motion for Transfer of Actions for Coordinated Pretrial Proceedings filed by National City Corporation, Peter E. Raskind, David A. Daberko, Jeffrey D. Kelly. (Attachments: # 1 Motion for Transfer and Memorandum in Support)(Ferraro, Adrienne) (Entered: 09/26/2008)

10/02/2008

33 

Case Management Order scheduling case management conference on 10/28/2008, at 10:00 AM at Chambers 17A before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr on 10/2/2008. (D,M) (Entered: 10/02/2008)

10/08/2008

34 

Motion for extension of deadline for Plaintiff to respond to Defendants' Motion to Dismiss, and for Defendants to reply to Plaintiff's opposition until December 1, 2008 and January 9, 2009 respectively. filed by Movant Thomas P. DiNapoli. Related document(s) 31 . (Attachments: # 1 Proposed Order)(Press, Ira) (Entered: 10/08/2008)

10/08/2008

35 

Joint Motion for an order adjourning the case management conference filed by Movant Thomas P. DiNapoli. (Attachments: # 1 Proposed Order)(Press, Ira) Modified text 10/9/2008 (K,K). (Entered: 10/08/2008)

10/08/2008

36 

Supplement to 34 Motion to adjourn Case Management Conference - Notice of Service of copies of Plaintiff's Unopposed Motion by regular U.S. mail filed by Thomas P. DiNapoli. Related document 34 .(Press, Ira) Modified text 10/9/2008 (K,K). (Entered: 10/08/2008)

10/10/2008

  

Order [non-document] granting Joint Motion to Adjourn the Case Management Conference (Related Doc # 35 ) scheduled on 10/28/2008, at 10:00 a.m., until after the Court's decision on the pending Motion to Dismiss. Approved by Judge Solomon Oliver, Jr on 10/10/2008. (D,M) (Entered: 10/10/2008)

10/21/2008

  

Order [non-document] granting 34 Plaintff's Unopposed Motion for Extension until 12/1/2008 to file response to Defendants' Motion to Dismiss and Defendants' reply brief due to the court by 1/9/2009. Approved by Judge Solomon Oliver, Jr on 10/21/2008. (D,M) (Entered: 10/21/2008)

12/01/2008

37 

Filed in Error - Opposition to 31 Motion to dismiss The Amended Class Action Complaint filed by Thomas P. DiNapoli. (Press, Ira) Modified text 12/2/2008 (K,K). (Entered: 12/01/2008)

12/01/2008

38 

Opposition to 31 Motion to dismiss The Amended Class Action Complaint filed by Thomas P. DiNapoli. (Attachments: # 1 Declaration of Ira M. Press, # 2 Exhibit A to the Declaration of Ira M. Press, # 3 Exhibit B to the Declaration of Ira M. Press, # 4 Exhibit C to the Declaration of Ira M. Press, # 5 Exhibit D to the Declaration of Ira M. Press)(Press, Ira) (Entered: 12/01/2008)

12/01/2008

39 

Motion to strike Extraneous Documents and References Thereto in Defendants' Memorandum of Law In Support of Their Motion to Dismiss the Amended Complaint filed by Movant Thomas P. DiNapoli. Related document(s) 31 . (Attachments: # 1 Brief in Support of Plaintiffs' Motion to Strike Extraneous Documents and References Thereto in Defendants' Memorandum of Law In Support of Their Motion to Dismiss the Amended Complaint)(Press, Ira) (Entered: 12/01/2008)

12/02/2008

40 

Transfer Order by Judicial Panel on Multidistrict Litigation. This action is transferred to the MDL 2003 docket pursuant to 28:1407, for coordinated or consolidated pretrial proceedings. SEE 1:08-nc-70004 FOR ALL FURTHER ENTRIES. (S,R) (Entered: 12/08/2008)