US
District Court Civil Docket as of 08/18/2011
Retrieved from the court on August 19, 2011
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Cause: 7:6(b)
Federal Commodity Exchange Regulation |
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Plaintiff
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represented by |
Abigail R. Romeo
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Defendant
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National
City Corporation |
represented by |
Adrienne F.
Mueller |
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Defendant
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Administrative
Committee for The |
represented by |
Adrienne F.
Mueller |
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Defendant
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Jon E.
Barfield |
represented by |
Geoffrey J.
Ritts |
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Defendant
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James R.
Bell, |
represented by |
Adrienne F.
Mueller |
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Defendant
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James S.
Broadhurst |
represented by |
Adrienne F.
Mueller |
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Defendant
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Christopher
M. Connor |
represented by |
Adrienne F.
Mueller |
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Defendant
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Jon N.
Couture |
represented by |
Adrienne F.
Mueller |
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Defendant
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David A.
Daberko |
represented by |
Adrienne F.
Mueller |
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Defendant
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Daniel J.
Frate |
represented by |
Adrienne F.
Mueller |
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Defendant
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John D.
Gellhausen |
represented by |
Adrienne F.
Mueller |
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Defendant
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Paul D.
Geraghty |
represented by |
Adrienne F.
Mueller |
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Defendant
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James P.
Gulick |
represented by |
Adrienne F.
Mueller |
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Defendant
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Bernadine
P. Healy |
represented by |
Adrienne F.
Mueller |
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Defendant
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Jeffrey D
Kelly |
represented by |
Adrienne F.
Mueller |
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Defendant
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Allen H.
Koranda |
represented by |
Adrienne F.
Mueller |
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Defendant
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Timothy J.
Lathe |
represented by |
Adrienne F.
Mueller |
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Defendant
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S. Craig
Lindner |
represented by |
Adrienne F.
Mueller |
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Defendant
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William E.
MacDonald, |
represented by |
Adrienne F.
Mueller |
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Defendant
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Michael B.
McCallister |
represented by |
Adrienne F.
Mueller |
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Defendant
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Paul A.
Ormond |
represented by |
Adrienne F.
Mueller |
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Defendant
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Ted M.
Parker |
represented by |
Adrienne F.
Mueller |
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Defendant
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Peter E.
Raskind |
represented by |
Adrienne F.
Mueller |
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Defendant
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Thomas A.
Richlovsky |
represented by |
Adrienne F.
Mueller |
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Defendant
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Robert C.
Rowe |
represented by |
Adrienne F.
Mueller |
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Defendant
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Shelley J.
Seifert |
represented by |
Adrienne F.
Mueller |
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Defendant
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Gerald L.
Shaheen |
represented by |
Adrienne F.
Mueller |
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Defendant
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Stephen A.
Stitle |
represented by |
Adrienne F.
Mueller |
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Defendant
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Jeffrey J.
Tengel |
represented by |
Adrienne F.
Mueller |
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Defendant
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Jerry Sue
Thornton |
represented by |
Adrienne F.
Mueller |
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Defendant
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Morry Weiss |
represented by |
Adrienne F.
Mueller |
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Defendant
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David L.
Zoeller |
represented by |
Adrienne F.
Mueller |
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Defendant
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Ernst &
Young, LLP |
represented by |
Fidelis I.
Agbapuruonwu |
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Defendant
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Thomas P.
DiNapoli |
represented by |
Ira M.
Press |
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Defendant
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National
City Bank |
represented by |
Carrie
Marie Raver |
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Defendant
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Richard E.
Thornburgh |
represented by |
Adrienne F.
Mueller |
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Defendant
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Philip L.
Rice |
represented by |
Adrienne F.
Mueller |
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Defendant
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Corsair
Capital, LLC |
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Defendant
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Corsair NC
Co-Invest, LP |
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Date Filed |
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Docket Text |
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04/08/2008 |
Order: The Court has already appointed lead
plaintiff and lead plaintiff's counsel in the Securities Case. Any ERISA
plaintiff and any Derivative plaintiff seeking to be appointed lead plaintiff
and lead/liaison plaintiff's counsel must file a request to be so appointed
on or before April 14, 2008. Signed by Judge Patricia A. Gaughan on 4/7/08.
(LC,S) (Entered: 04/08/2008) |
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04/11/2008 |
Proposed
Stipulation and Order filed by National City Corporation Securities,
Derivative & ERISA Litigation. (Ferraro, Adrienne, s/John M. Newman, Jr.)
Modified text 4/15/2008 (K,K). (Entered: 04/11/2008) |
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04/11/2008 |
Motion for appointment of lead plaintiffs and
interim co-lead and liaison counsel filed by plaintiffs James Elsinghorst and
Barbara Grosick. (Attachments: # 1
Brief in Support, # 2
Affidavit of Edward W. Ciolko, # 3
Exhibit A to Ciolko Declaration, # 4
Exhibit B to Ciolko Declaration, # 5
Exhibit C to Ciolko Declaration, # 6
Exhibit D to Ciolko Declaration, # 7
Affidavit Mills Declaration, # 8
Affidavit A to Mills Declaration, # 9
Proposed Order)(Karon, Daniel) Modified on 4/18/2008 (S,R). (Entered:
04/11/2008) |
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04/14/2008 |
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Financial
Transaction in the amount of $100.00 received for motion to appear pro hac
vice by attorney Gerald L. Rutledge, Receipt # 14660018604 (W,Na) (Entered:
04/14/2008) |
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04/14/2008 |
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Financial
Transaction in the amount of $100.00 received for motion to appear pro hac
vice by attorney Alfred G. Yates, Receipt # 14660018604 (W,Na) (Entered:
04/14/2008) |
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04/14/2008 |
Stipulation
& Order: Lead
plaintiff Thomas P. 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, and Defendants, by and
through their respective counsel, hereby stipulate and agree that: 1. Lead
Plaintiff shall file a Consolidated Class Action Complaint (the
"Consolidated Complaint") within sixty (60) days of entry of this
order. 2. Defendants shall have sixty (60) days in which to answer or otherwise
respond to the Consolidated Complaint. 3. If Defendants move with respect to
the Consolidated Complaint, Lead Plaintiff shall file its opposition to
Defendants' motion within sixty (60) days. 4. Defendants shall file their
reply within thirty (30) days of Lead Plaintiffs' opposition. Signed by Judge
Patricia A. Gaughan on 4/14/08. re 2
(LC,S) (Entered: 04/14/2008) |
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04/14/2008 |
Motion for appointment of interim lead
counsel and interim lead and liaison counsel filed by Deborah Douglas.
(Goetz, Daniel) Modified on 4/18/2008 (S,R). (Entered: 04/14/2008) |
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04/14/2008 |
Memorandum In
Support of 5
Motion for appointment of interim lead plaintiff and interim lead and
liaison counsel filed by Deborah Douglas. (Attachments: # 1
Exhibit A, # 2
Exhibit B)(Goetz, Daniel) Modified on 4/18/2008 (S,R). (Entered: 04/14/2008) |
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04/14/2008 |
Motion to appoint a leadershiip structure for
plaintiffs filed by plaintiff's Richard Lerach, Charles Greve and James W.
Hass, Jr. (Fink, Jeffrey) Modified on 4/21/2008 (S,R). (Entered: 04/14/2008) |
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04/14/2008 |
Memorandum of points and authorities in
Support of Motion to Appoint a Leadership Structure for Plaintiffs filed
by plaintiffs Richard Lerach, Charles Greve, and James W. Hass, Jr. Related
document(s) 7
. (Fink, Jeffrey) Modified on 4/21/2008 (S,R). (Entered: 04/14/2008) |
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04/14/2008 |
Declaration of Jeffrey P. Fink in Support of
Motion to Appoint a Leadership Structure for Plaintiffs filed by
plaintiffs Richard Lerach, Charles Greve and James W. Hass, Jr.'s . Related
document(s) 7
. (Attachments: # 1
Exhibit A - RUF resume, # 2
Exhibit B - Landskroner resume)(Fink, Jeffrey) Modified on 4/21/2008 (S,R).
(Entered: 04/14/2008) |
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04/14/2008 |
Declaration of
Richard Lerach in Support of Motion to Appoint Leadership Structure for
Plaintiffs filed by plaintiffs Richard Lerach, Charles Greve and James W.
Hass, Jr. Related document(s) 7
. (Fink, Jeffrey) Modified on 4/21/2008 (S,R). (Entered: 04/14/2008) |
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04/14/2008 |
Declaration of
Charelse Greve in Support of Motion to Appoint Leadership Structure for
Plaintiffs filed by plaintiffs Richard Lerach, Charles Greve and James W.
Hass, Jr. Related document(s) 7
. (Fink, Jeffrey) Modified on 4/21/2008 (S,R). (Entered: 04/14/2008) |
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04/14/2008 |
Proposed Order
Granting Motion to Appoint a Leadership Structure for Plaintiiffs
filed by plaintiffs Richard Lerach, Charles Greve and James W. Hass, Jr.
Related document(s) 7
. (Fink, Jeffrey) Modified on 4/21/2008 (S,R). (Entered: 04/14/2008) |
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04/14/2008 |
Motion for attorney Gerald L. Rutledge to
Appear Pro Hac Vice. filed by Plaintiff Barbara Grosick. (Attachments: # 1
Affidavit)(C,B) (Entered: 04/15/2008) |
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04/14/2008 |
Motion for attorney Alfred G. Yates to Appear
Pro Hac Vice. Filing filed by Plaintiff Barbara Grosick. (Attachments: # 1
Affidavit)(C,B) (Entered: 04/15/2008) |
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04/16/2008 |
Notice of
Related ERISA Case 1:08-cv-952- |
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04/17/2008 |
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Order [non-document]: Plaintiff Barbara
Grosicks Motion for Admission of Attorney Gerald L. Rutledge pro hac vice is
Granted. (Related Doc # 13
) Approved by Judge Patricia A. Gaughan on 4/16/08.(LC,S) (Entered:
04/17/2008) |
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04/17/2008 |
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Order [non-document]: Plaintiff Barbara
Grosicks Motion for Admission of Attorney Alfred G. Yates, Jr pro hac vice is
Granted. (Related Doc # 14
) Approved by Judge Patricia A. Gaughan on 4/16/08. (LC,S) (Entered:
04/17/2008) |
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04/17/2008 |
Notice of
voluntary dismissal of case 1:08-581 Under FRCP 41(a)(1) filed by Rita E.
Ward. (Camillus, John) Modified on 4/21/2008 (S,R). (Entered: 04/17/2008) |
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04/18/2008 |
Order and Notice of Plaintiff Rita E. Ward
Voluntary Dismissal pursuant to Rule 41(a) of the Federal Rules of Civil
Procedure. Signed by Judge Patricia A. Gaughan on 4/17/08. (LC,S) re 16
(Entered: 04/18/2008) |
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04/30/2008 |
Notice of
withdrawal of motion for the appointment of interim lead plaintiff and
interim lead and liaison counsel filed by plaintiff Deborah Douglas.
(related doc. no. 5
). (Goetz, Daniel) Modified on 5/1/2008 (S,R). (Entered: 04/30/2008) |
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05/07/2008 |
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Order [non-document]: Plantiff Deborah
Doublas' Motion for appointment of interim lead counsel and interim lead and
liaison counsel is withdrawn. (See Doc. 18
) Approved by Judge Patricia A. Gaughan on 5/6/08.(LC,S) (Entered:
05/07/2008) |
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05/12/2008 |
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Order [non-document]: Plaintiffs James
Elsinghorst and Barbara Grosick Motion appointing Movants as lead plaintiffs
on behalf of a proposed class of participants and beneficiaries of the
National City Savings and Investment Plan in the consolidated ERISA action; and
appointing their respective counsel, Stull, Stull & Brody and Schiffrin
Barroway Topaz & Kessler, LLP as interim co-lead counsel for the proposed
class in the consolidated ERISA action, pursuant to Fed. R. Civ. P. 23(g) and
appointing Goldman Scarlato & Karon, P.C. as interim liaison counsel for
the proposed class is GRANTED. Approved by Judge Patricia A. Gaughan on
5/8/08. (Related Doc # 3
) (LC,S) (Entered: 05/12/2008) |
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05/12/2008 |
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Order [non-document]: Motion of Plaintiffs
Richard Lerach, Charles Greve, and James W. Hass, Jr. to appoint plaintiffs
Lerach and Greve as Co-Lead Plaintiffs; and appoint Robbins Umeda & Fink,
LLP and Landskroner Grieco Madden, Ltd. as Co-Lead Counsel for this
consolidated derivative action is GRANTED. Approved by Judge Patricia A.
Gaughan on 5/8/08. (Related Doc # 7
) (LC,S) (Entered: 05/12/2008) |
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05/12/2008 |
Order: Having appointed lead/liaison counsel
for the Securities Case, the ERISA Cases and the Derivative Cases, the Court
hereby ORDERS that only lead/liaison counsel appear at all scheduled court
appearances. It is incumbent upon lead/liaison counsel to inform all counsel
of the events that transpire at such court appearances. Furthermore, absent
leave of Court, only lead/liaison counsel shall be permitted to file in the
Master Docket. Signed by Judge Patricia A. Gaughan on 5/9/08. (LC,S)
(Entered: 05/12/2008) |
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05/20/2008 |
Notice of
Related Case re: 1:08-cv-1247-JG filed by all defendants in National
City Corporation Securities, Derivative & ERISA Litigation. (Ferraro,
Adrienne) Modified on 5/22/2008 (S,R). (Entered: 05/20/2008) |
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06/13/2008 |
Amended
complaint for the
Securities Case against all defendants, filed by Thomas P. DiNapoli,
Trustee. (Press, Ira) (Entered: 06/13/2008) |
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06/26/2008 |
Amended
complaint Consolidated
Complaint for Violations of ERISA against all defendants, filed by James
Elsinghorst. (Attachments: # 1
Exhibit A Part 1, # 2
Exhibit A Part 2, # 3
Exhibit A Part 3, # 4
Exhibit A Part 4, # 5
Exhibit B, # 6
Exhibit C, # 7
Exhibit D, # 8
Exhibit E, # 9
Exhibit F) (Karon, Daniel) (Entered: 06/26/2008) |
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07/02/2008 |
Waiver of
Service Returned Executed by Thomas P. DiNapoli, Trustee. Thomas A.
Richlovsky waiver sent on 6/19/2008, answer due 8/18/2008; Robert C. Rowe
waiver sent on 6/19/2008, answer due 8/18/2008; Jon E. Barfield waiver sent
on 6/19/2008, answer due 8/18/2008; James S. Broadhurst waiver sent on
6/19/2008, answer due 8/18/2008; Christopher M. Connor waiver sent on
6/19/2008, answer due 8/18/2008; Bernadine P. Healy waiver sent on 6/19/2008,
answer due 8/18/2008; Michael B. McCallister waiver sent on 6/19/2008, answer
due 8/18/2008; Paul A. Ormond waiver sent on 6/19/2008, answer due 8/18/2008;
Gerald L. Shaheen waiver sent on 6/19/2008, answer due 8/18/2008; Jerry Sue
Thornton waiver sent on 6/19/2008, answer due 8/18/2008; Morry Weiss waiver
sent on 6/19/2008, answer due 8/18/2008. filed on behalf of Thomas P.
DiNapoli, Trustee (Van Deusen, Roger) (Entered: 07/02/2008) |
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07/07/2008 |
Case
Management Conference Scheduling Order with case management conference set on 8/6/2008 at 09:00
AM to be held telephonically by Judge Patricia A. Gaughan WITH THE THREE LEAD
PLAINTIFFS' COUNSEL |
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07/14/2008 |
Joint Motion
for Proposed Scheduling Order filed by In Re [civil] National City
Corporation Securities, Derivative & ERISA Litigation. (Attachments: # 1
Proposed Order)(Landskroner, Jack) (Entered: 07/14/2008) |
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07/15/2008 |
Address Change
Notice of the law firm Kirby McInerney LLP by Roger W. Van Deusen
filed by on behalf of National City Corporation Securities, Derivative &
ERISA Litigation. (Van Deusen, Roger) (Entered: 07/15/2008) |
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07/21/2008 |
Order: This matter having come before the
Court upon the parties joint motion regarding a scheduling order, and counsel
for Lead Plaintiffs and Defendants having agreed to deadline dates: IT IS
HEREBY ORDERED that: 1. Lead Plaintiffs shall file a Consolidated Class
Action Complaint (the "Consolidated Complaint") within thirty (30)
days of entry of this order. 2. Defendants shall have forty-five (45) days
from the date of filing of the Consolidated Complaint in which to answer or
otherwise respond. 3. If Defendants move with respect to the Consolidated
Complaint, Lead Plaintiffs shall file their opposition to Defendants' motion
within thirty (30) days. 4. Defendants shall file their reply within fifteen
(15) days of Lead Plaintiffs' opposition. Judge Patricia A. Gaughan on
7/21/08. (Related Doc # 25
) (LC,S) (Entered: 07/21/2008) |
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08/01/2008 |
Report of
Parties' Planning Meeting. Parties do not consent to this case being assigned
to the magistrate judge. filed by National City Corporation Securities,
Derivative & ERISA Litigation. Related document(s) 24
.(Ritts, Geoffrey) (Entered: 08/01/2008) |
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08/07/2008 |
Order: Telephone Conference was held with
all lead counsel. Briefing schedules for anticipated Motions to Dismiss are
as follows: SECURITIES CASES: Motion to Dismiss 9/09/08; Brief in Opposition
11/10/08; Reply Brief 12/10/08-- ERISA CASES: Motion to Dismiss 9/10/08;
Brief in Opposition 10/27/08; Reply Brief 11/26/08-- DERIVATIVE CASES: Motion
to Dismiss 10/06/08; Brief in Opposition 11/05/08; Reply Brief 11/20/08. A
new Case Management Conference date, if necessary, will be set immediately
after a ruling on all Motions to Dismiss. Judge Patricia A. Gaughan on
8/7/08. (LC,S) (Entered: 08/07/2008) |
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08/20/2008 |
Amended
complaint Verified
Consolidated Shareholder Derivative Complaint for Breach of Fiduciary Duty,
Waste of Corporate Assets, Unjust Enrichment and Violation of Section 10(b)
of the Securities Exchange Act of 1934 against National City Corporation
Securities, Derivative & ERISA Litigation, filed by National City
Corporation Securities, Derivative & ERISA Litigation. (Fink, Jeffrey)
(Entered: 08/20/2008) |
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09/05/2008 |
Order. This Court is not permitted to sit on
any matter in which a family member is a party to the action. 28 U.S.C. §
455(b)(5)(i). Given that this matter is filed as a class action, recusal is
required. As such, the matter will be reassigned. The parties to the Direct
Securities Action are instructed not to file any further materials on docket
08 CV 7000. Rather, all future filings must be made solely in case number 08
CV 209. In the event the parties wish to waive these conflicts, lead and/or
liason counsel for the ERISA and Derivative cases must present waivers signed
by the attorneys on behalf of their respective clients on or before September
19, 2008. In the event all parties do not provide waivers, the Court will
recuse itself from these matters. If any party seeks additional information,
the Court will hold a telephonic status conference upon request. Judge
Patricia A. Gaughan on 9/5/08. (LC,S) Modified text 9/23/2008 (C,KA).
(Entered: 09/05/2008) |
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09/10/2008 |
Motion to dismiss Consolidated Complaint
for Violations of ERISA filed by In Re [civil] National City Corporation
Securities, Derivative & ERISA Litigation. Related document(s) 22
. (Attachments: # 1
Brief in Support, # 2
Declaration of Adrienne M. Ferraro in Support, # 3
Exhibit A: D & O Diary Pages, # 4
Exhibit B: Savings & Investment Plan (Part 1 of 5), # 5
Exhibit B: Savings & Investment Plan (Part 2 of 5), # 6
Exhibit B: Savings & Investment Plan (Part 3 of 5), # 7
Exhibit B: Savings & Investment Plan (Part 4 of 5), # 8
Exhibit B: Savings & Investment Plan (Part 5 of 5), # 9
Exhibit C: Summary Plan Description, # 10
Exhibit D: 9-30-06 Prospectus, # 11
Exhibit E: 10-1-07 Prospectus, # 12
Exhibit F: 10-1-07 Allegiant Prospectus, # 13
Exhibit G: Unreported Cases, # 14
Exhibit H: 2007 10-K, # 15
Exhibit I: 2006 10-K, # 16
Exhibit J: 7-25-07 8-K & Exhibit, # 17
Exhibit K: Kosowski Article, # 18
Exhibit L: Perdue Article, # 19
Proposed Order)(Ferraro, Adrienne) (Entered: 09/10/2008) |
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09/18/2008 |
Motion to reassign case to Judge Solomon
Oliver, Jr. filed by In Re [civil] National City Corporation Securities,
Derivative & ERISA Litigation. Related document(s) 31
. (Ferraro, Adrienne) Modified on 2/9/2009 (B,R). (Entered: 09/18/2008) |
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09/18/2008 |
Notice of
Presentation of ERISA Plaintiffs Waivers of Conflicts filed by National
City Corporation Securities, Derivative & ERISA Litigation. (Mills,
Edwin) (Entered: 09/18/2008) |
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09/19/2008 |
Notice of
Presentment of Derivative Plaintiffs' Waivers of Conflict filed by
National City Corporation Securities, Derivative & ERISA Litigation.
(Attachments: # 1
Exhibit A)(Landskroner, Jack) (Entered: 09/19/2008) |
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09/25/2008 |
Opposition to 33
Motion to reassign case to Judge Solomon Oliver, Jr. filed by National
City Corporation Securities, Derivative & ERISA Litigation. (Landskroner,
Jack) (Entered: 09/25/2008) |
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09/26/2008 |
Notice of
Filing Motion for Transfer of Actions for Coordinated Pretrial Proceedings
filed by National City Corporation Securities, Derivative & ERISA
Litigation. (Attachments: # 1
Motion for Transfer and Memorandum in Support)(Ferraro, Adrienne) (Entered:
09/26/2008) |
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10/02/2008 |
Motion to dismiss the Consolidated
Shareholder Derivative Complaint by Individual Defendants filed by In Re
[civil] National City Corporation Securities, Derivative & ERISA
Litigation. Related document(s) 30
. (Attachments: # 1
Brief in Support, # 2
Declaration of Adrienne M. Ferraro in Support, # 3
Exhibit A: National City 2007 Form 10-K, # 4
Exhibit B: National City March 7, 2008 Definitive Proxy Statement, # 5
Exhibit C: National City March 7, 2007 Definitive Proxy Statement, # 6
Exhibit D: National City March 7, 2006 Definitive Proxy Statement, # 7
Exhibit E: National City October 24, 2007 Form 8-K, # 8
Exhibit F: National City Q4 2007 Earnings Call Transcript, # 9
Exhibit G: National City January 22, 2008 Form 8-K, # 10
Exhibit H: National City Certificate of Amendment of Restated Certificate of
Corporation, Article Seventh, # 11
Exhibit I: National City 2006 Form 10-K, # 12
Exhibit J: Unreported Cases, # 13
Proposed Order)(Ferraro, Adrienne) Modified on 8/30/2010 (D,M). (Entered:
10/02/2008) |
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10/02/2008 |
Opposition to 33
Motion to reassign case to Judge Solomon Oliver, Jr. filed by National
City Corporation Securities, Derivative & ERISA Litigation. (Mills,
Edwin) (Entered: 10/02/2008) |
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10/03/2008 |
Motion to dismiss The Consolidated
Shareholder Derivative Complaint filed by In Re [civil] National City
Corporation Securities, Derivative & ERISA Litigation. Related
document(s) 38
. (Ratliff, Elizabeth) (Entered: 10/03/2008) |
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10/07/2008 |
Reply to response to 33
Motion to reassign case to Judge Solomon Oliver, Jr. filed by National
City Corporation Securities, Derivative & ERISA Litigation. (Ferraro,
Adrienne) (Entered: 10/07/2008) |
|
|
10/27/2008 |
Opposition to 32
Motion to dismiss Consolidated Complaint for Violations of ERISA
filed by all plaintiffs. (Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Ciolko Declaration)(Karon, Daniel) Modified text on 10/30/2008 (B,B).
(Entered: 10/27/2008) |
|
|
10/29/2008 |
Order reassigning case to Judge Solomon
Oliver, Jr for all further proceedings. Judge Patricia A. Gaughan no longer
assigned to case. The parties are directed to continue filing papers in
08cv7000. Court declines to transfer case 08cv1247, as that case is not
pending before the undersigned. Judge Patricia A. Gaughan on 10/29/08. (S,R)
(Entered: 10/30/2008) |
|
|
11/05/2008 |
Request for
judicial notice in
Support of Opposition to Motions to Dismiss the Consolidated Shareholder
Derivative Complaint filed by National City Corporation Securities,
Derivative & ERISA Litigation (related doc 46
). (Fink, Jeffrey) Modified text/link 11/20/2008 (C,KA). (Entered:
11/05/2008) |
|
|
11/05/2008 |
Affidavit/Declaration
of Jeffrey P. Fink in Support of Plaintiffs' Opposition to the Individual
Defendants Motion to Dismiss the Consolidated Shareholder Derivative
Complaint and Request for Judicial Notice in Support Thereof filed by
National City Corporation Securities, Derivative & ERISA Litigation.
Related document(s) 44
. (Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D, # 5
Exhibit E, # 6
Exhibit F, # 7
Exhibit G, # 8
Exhibit H, # 9
Exhibit I, # 10
Exhibit J, # 11
Exhibit K, # 12
Exhibit L, # 13
Exhibit M)(Fink, Jeffrey) (Entered: 11/05/2008) |
|
|
11/05/2008 |
Opposition to 40
Motion to dismiss The Consolidated Shareholder Derivative Complaint,
38
Motion to dismiss the Consolidated Shareholder Derivative Complaint
by Individual Defendants Plaintiffs' Opposition to the Individual
Defendants Motion to Dismiss the Consolidated Shareholder Derivative
Complaint filed by National City Corporation Securities, Derivative &
ERISA Litigation. (Fink, Jeffrey) (Entered: 11/05/2008) |
|
|
11/05/2008 |
Motion for leave to file amended complaint
filed by In Re [civil] National City Corporation Securities, Derivative &
ERISA Litigation. (Attachments: # 1
Exhibit A-1, # 2
Exhibit A-2)(Fink, Jeffrey) Modified on 6/4/2009 (S,R). (Entered: 11/05/2008) |
|
|
11/05/2008 |
Proposed Order
Granting Plaintiffs' Motion for Leave to File Amended Complaint filed
by National City Corporation Securities, Derivative & ERISA Litigation.
Related document(s) 47
. (Fink, Jeffrey) (Entered: 11/06/2008) |
|
|
11/18/2008 |
First Motion
for extension of Individual Defendants' Reply Brief in Support of Motion to
Dismiss until November 26, 2008 filed by In Re [civil] National City
Corporation Securities, Derivative & ERISA Litigation. Related
document(s) 29
. (Attachments: # 1
Proposed Order)(Ritts, Geoffrey) (Entered: 11/18/2008) |
|
|
11/18/2008 |
|
Order [non-document] granting 49
Individual Defendants' Unopposed Motion for Extension of Time until November
26, 2008, to File Reply Brief in Support of Motion to Dismiss. Approved by
Judge Solomon Oliver, Jr on 11/18/2008. (D,M) (Entered: 11/18/2008) |
|
11/24/2008 |
Motion for extension of Defendants' ERISA
Reply Brief in Support of Motion to Dismiss until December 5, 2008 filed by
In Re [civil] National City Corporation Securities, Derivative & ERISA
Litigation. Related document(s) 29
. (Attachments: # 1
Proposed Order)(Ritts, Geoffrey) (Entered: 11/24/2008) |
|
|
11/24/2008 |
Opposition to 47
Motion to amend complaint Plaintiffs' Motion for Leave to File
Amended Complaint and Memorandum in Support filed by National City
Corporation Securities, Derivative & ERISA Litigation. (Attachments: # 1
Declaration of Andrew G. Fiorella, # 2
Exhibit 1, Complaint in Kahn v. Raskind, et al., Del. Ch. No. 4120, # 3
Exhibit 2, Complaint in McNiel, et al. v. National City Corp., et al.,
Cuyahoga C.P. No. CV 08 674547, # 4
Exhibit 3, Complaint in Anderson v. National City Corp., et al., Del. Ch. No.
4123, # 5
Exhibit 4, in Skelly v. National City Corp., et al., N.D. Ohio No.
1:08-CV-02552-SO, # 6
Exhibit 5, Complaint in Sicherman v. National City Corp., et al., Del. Ch.
No. 4129, # 7
Exhibit 6, Complaint in Insulators & Asbestos Workers Local No. 14 v.
Raskind, et al., Del. Ch. No. 4131, # 8
Exhibit 7, Complaint in Ebig, et al. v. National City Corp., et al., Del. Ch.
No. 4132, # 9
Exhibit 8, Complaint in Ward v. National City Corp., et al., Cuyahoga C.P.
No. CV 08 674959, # 10
Exhibit 9, Complaint in Brabua Invest. Co., et al. v. National City Corp., et
al., Del.Ch. No. 4143, # 11
Exhibit 10, Complaint in Faieta v. Raskind, et al., Del. Ch. No. 4151, # 12
Exhibit 11, Consolidated Complaint in In re National City Corp. Sholders
Litig., Del. Ch. No. 4123, # 13
Exhibit 12, Unreported Cases)(Fiorella, Andrew) (Entered: 11/24/2008) |
|
|
11/25/2008 |
|
Order [non-document] granting 50
Unopposed Motion for Extension of Time until 12/5/2008 to File Reply Brief in
Support of Motion to Dismiss. Approved by Judge Solomon Oliver, Jr on
11/25/2008. (D,M) (Entered: 11/25/2008) |
|
11/26/2008 |
Notice of
Related Action filed by National City Corporation Securities, Derivative
& ERISA Litigation. (Attachments: # 1
Exhibit A)(Fink, Jeffrey) (Entered: 11/26/2008) |
|
|
11/26/2008 |
Motion to consolidate and Memorandum of
Law in Support Thereof filed by Plaintiffs. (Attachments: # 1
Exhibit A)(Fink, Jeffrey) Modified on 12/16/2008 (S,R). (Entered: 11/26/2008) |
|
|
11/26/2008 |
Proposed Order
Granting Plaintiffs' Motion to Consolidate filed by National City
Corporation Securities, Derivative & ERISA Litigation. Related
document(s) 53
. (Fink, Jeffrey) (Entered: 11/26/2008) |
|
|
11/26/2008 |
Reply to response to 38
Motion to dismiss the Consolidated Shareholder Derivative Complaint
by Individual Defendants filed by National City Corporation Securities,
Derivative & ERISA Litigation. (Attachments: # 1
Exhibit Unreported cases)(Ritts, Geoffrey) (Entered: 11/26/2008) |
|
|
12/02/2008 |
|
|
|
12/02/2008 |
Transfer
Order by Judicial
Panel on Multidistrict Litigation transferring 13 listed cases to the MDL
2003 docket pursuant to 28:1407, for coordinated or consolidate pretrial
proceedings. (S,R) (Entered: 12/04/2008) |
|
|
12/05/2008 |
Reply to response to 32
Motion to dismiss Consolidated Complaint for Violations of ERISA
filed by National City Bank, National City Corporation, Administrative
Committee for The National City Savings and Investment Plan, Jon N. Couture,
David A. Daberko. (Attachments: # 1
Unreported Cases)(Ferraro, Adrienne) (Entered: 12/05/2008) |
|
|
12/08/2008 |
Unopposed Motion
for extension of Time to File Reply Brief in Support of Motion for Leave to
Amend until 12/15/2008 filed by Plaintiff National City Plaintiff(s). (Fink,
Jeffrey) (Entered: 12/08/2008) |
|
|
12/08/2008 |
Proposed Order
Granting Plaintiffs' Unopposed Motion for Extension of Time to File Reply
Brief in Support of Motion for Leave to Amend filed by National City
Plaintiff(s). Related document(s) 58
. (Fink, Jeffrey) (Entered: 12/08/2008) |
|
|
12/15/2008 |
Motion for attorney Matthew Borden to Appear
Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003335896, filed by
Plaintiff National City Plaintiff(s). (Attachments: # 1
Affidavit of Matthew Borden)(Kravitz, Ronald) (Entered: 12/15/2008) |
|
|
12/15/2008 |
Notice of
Related Action filed by National City Plaintiff(s). (Attachments: # 1
Exhibit A)(Fink, Jeffrey) (Entered: 12/15/2008) |
|
|
12/15/2008 |
Motion to consolidate cases filed by
Plaintiff National City Plaintiff(s). (Fink, Jeffrey) (Entered: 12/15/2008) |
|
|
12/15/2008 |
Proposed Order
Granting Plaintiffs' Motion to Consolidate filed by National City
Plaintiff(s). Related document(s) 62
. (Fink, Jeffrey) (Entered: 12/15/2008) |
|
|
12/15/2008 |
Reply in support of 47
Motion for leave amend complaint filed by National City Plaintiff(s).
(Attachments: # 1
Exhibit A)(Fink, Jeffrey) Modified on 12/16/2008 (S,R). (Entered: 12/15/2008) |
|
|
12/15/2008 |
Supplemental
Memorandum in Opposition to Plaintiffs' Motion for Leave to File Amended
Complaint filed by Jon E. Barfield, James R. Bell, |
|
|
12/15/2008 |
Memorandum
in Opposition to 53
plaintiffs' Motion to consolidate cases filed by National City
Corporation, Jon E. Barfield, James R. Bell, |
|
|
12/29/2008 |
Memorandum
in Opposition to 62
Motion to consolidate cases filed by National City Corporation, Jon E.
Barfield, James R. Bell, |
|
|
12/30/2008 |
Notice of
Related Case filed by National City Corporation, Jon E. Barfield, James
R. Bell, |
|
|
01/05/2009 |
FILING ERROR.
Motion refiled on 1:08-nc-70013. Motion to stay filed by National City
Corporation, Jon E. Barfield, James S. Broadhurst, Christopher M. Connor,
Bernadine P. Healy, Jeffrey D Kelly, Allen H. Koranda, Michael B.
McCallister, Paul A. Ormond, Peter E. Raskind, Gerald L. Shaheen, Jerry Sue
Thornton, Morry Weiss. (Attachments: # 1
Brief in Support, # 2
Declaration of Geoffrey J. Ritts, # 3
Exhibit A: 10-24-08 Form 8-K, # 4
Exhibit B: Delaware Consolidated Docket Sheet, # 5
Exhibit C: Memorandum of Understanding, # 6
Exhibit D: 12-12-08 Form 8-K, # 7
Exhibit E: 01-02-09 Form 8-K, # 8
Exhibit F: Unreported Cases, # 9
Exhibit G: Delaware Consolidated Complaint, # 10
Exhibit H: Ward Complaint, # 11
Proposed Order) (Ritts, Geoffrey) Modified on 1/7/2009 (S,R). (Entered:
01/05/2009) |
|
|
01/12/2009 |
Notice of
Errata filed by National City Plaintiff(s). (Attachments: # 1
Exhibit A)(Golovach, Mark) (Entered: 01/12/2009) |
|
|
01/12/2009 |
Memorandum
in Reply to
Defendants' Opposition to 62
Motion to consolidate cases filed by National City Plaintiff(s).
(Attachments: # 1
Exhibit A)(Golovach, Mark) Modified on 1/15/2009 (S,R). (Entered: 01/12/2009) |
|
|
01/12/2009 |
Motion to dismiss for Lack of Standing
filed by Jon E. Barfield, James R. Bell, |
|
|
01/12/2009 |
Notice of Firm
Name Change filed by all plaintiffs. (Golovach, Mark) (Entered:
01/12/2009) |
|
|
01/26/2009 |
Motion for Appointment as Lead Plaintiff
(this document relates to Tharp v. National City Corp.) filed by Plaintiff
National City Plaintiff(s). (Attachments: # 1
Pleading Declaration of William J. Lucas, # 2
Exhibit A through E, # 3
Proposed Order)(Lucas, William) (Entered: 01/26/2009) |
|
|
02/03/2009 |
Motion for attorney Joseph P. Guglielmo to
Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003404148,
filed by. (Attachments: # 1
Exhibit Certificate of Good Standing, # 2
Exhibit Proposed order)(Noss, Walter) (Entered: 02/03/2009) |
|
|
02/04/2009 |
|
Order [non-document] granting Motion for
appearance pro hac vice by attorney Matthew B. Borden for National City
Plaintiff(s) (Related Doc # 60
); granting Motion for appearance pro hac vice by attorney Joseph P.
Guglielmo for National City Plaintiff(s), (Related Doc # 75
. Judge Solomon Oliver (MDL2003), Jr on 2/4/2009.(S,J) (Entered: 02/04/2009) |
|
02/04/2009 |
Notice of
Supplemental Authority filed by James Elsinghorst, Barbara Grosick.
(Attachments: # 1
Exhibit In re Ford Motoror Company ERISA Litigation decision)(Karon, Daniel)
(Entered: 02/04/2009) |
|
|
02/09/2009 |
|
Order [non-document]granting 58
Motion to Extend Deadlines; (B,R) (Entered: 02/09/2009) |
|
02/09/2009 |
Notice to
Attorneys involved in MDL Docket No. 2003. (Attachments: # 1
Electronic Filing Brochure, # 2
Electronic Filing and Procedures Manual)(S,J) (Entered: 02/09/2009) |
|
|
02/09/2009 |
Conditional
Transfer Order ( |
|
|
02/17/2009 |
Opposition to 72
Motion to dismiss for Lack of Standing filed by National City
Plaintiff(s). (Golovach, Mark) (Entered: 02/17/2009) |
|
|
02/25/2009 |
Revised
Corporate Disclosure Statement by National City Corporation filed by National
City Corporation. (Mueller, Adrienne) Modified on 2/25/2009 (S,R). (Entered:
02/25/2009) |
|
|
02/25/2009 |
Revised
Corporate Disclosure Statement by National City Bank filed by National City
Bank. (Mueller, Adrienne) Modified on 2/25/2009 (S,R). (Entered: 02/25/2009) |
|
|
02/27/2009 |
Conditional
Transfer Order ( |
|
|
03/06/2009 |
Reply to response to 72
Motion to dismiss for Lack of Standing filed by Jon E.
Barfield, James R. Bell, |
|
|
03/06/2009 |
Notice of
Related Case filed by National City Corporation, Administrative Committee
for The National City Savings and Investment Plan, Jon N. Couture, David A.
Daberko, National City Bank. (Attachments: # 1
Exhibit A: Tomascik Complaint, # 2
Exhibit B: Tomascik Civil Cover Sheet)(Mueller, Adrienne) (Entered:
03/06/2009) |
|
|
03/18/2009 |
Order
Lifting Stay of Conditional Transfer Order by the Judicial Panel on Multidistrict Litigation
transferring 1 case from Northern District of Indiana to the Northern
District of Ohio. (S,J) (Entered: 03/18/2009) |
|
|
03/18/2009 |
Memorandum
in Opposition to the
derivative plaintiffs' 62
Motion to consolidate cases filed by James and Caroline Tharp. (Lucas,
William) Modified on 3/25/2009 (S,R). (Entered: 03/18/2009) |
|
|
03/19/2009 |
Notice of
Change of Firm Name and Address filed by all plaintiffs. (McTigue, J.)
(Entered: 03/19/2009) |
|
|
03/20/2009 |
Order taking under advisement (Related Doc #
74
), Motion for Appointment of Lead Counsel and Approval for Selection of
Counsel in case 1:08NC70000; and (Related Doc # 6
) Motion to be Appointed Lead Plaintiff and to Approve Proposed Lead
Plaintiff's Choice of Lead and Liaison Counsel, in case 1:08NC70016. The
court intends to issue a ruling on these Motions on or before April 17, 2009.
However, if any party has any opposition to either Motion, it should notify
the court as soon as possible, but no later than April 1, 2009. Signed by
Judge Solomon Oliver, Jr on 3/20/2009. (D,M) (Entered: 03/20/2009) |
|
|
04/01/2009 |
Notice to the court regarding the Tharp
Group's Motion for appointment as lead plaintiff and approval of selection of
counsel. re 74
filed by Richard Lerach and Charles Greve. (Golovach, Mark) Modified on
4/10/2009 (S,R). (Entered: 04/01/2009) |
|
|
04/24/2009 |
Motion for attorney Kevin A. Seely to Appear
Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003531882, filed by
Plaintiff National City Plaintiff(s). (Attachments: # 1
Exhibit A)(Landskroner, Jack) (Entered: 04/24/2009) |
|
|
04/24/2009 |
Motion for attorney Shane P. Sanders to
Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003531937,
filed by Plaintiff National City Plaintiff(s). (Attachments: # 1
Exhibit A)(Landskroner, Jack) (Entered: 04/24/2009) |
|
|
04/24/2009 |
Notice of
Supplemental Authority in Support of Motion to Dismiss Consolidated Complaint
for Violations of ERISA filed by National City Corporation,
Administrative Committee for The National City Savings and Investment Plan,
Jon N. Couture, David A. Daberko, National City Bank. (Attachments: # 1
Exhibit A: Huntington opinion, # 2
Exhibit B: Fifth Third Opinion, # 3
Exhibit C: Hecker Opinioin)Related document(s) 57
, 32
.(Mueller, Adrienne) (Entered: 04/24/2009) |
|
|
05/01/2009 |
Notice of
Supplemental Authority filed by National City Plaintiff(s). (Attachments:
# 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D, # 5
Exhibit E, # 6
Exhibit F, # 7
Exhibit G, # 8
Exhibit H, # 9
Exhibit I)(Ciolko, Edward) (Entered: 05/01/2009) |
|
|
05/04/2009 |
Motion for attorney Bryan T. Veis to Appear
Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003543319, filed by
Plaintiff National City Plaintiff(s). (Veis, Bryan) (Entered: 05/04/2009) |
|
|
06/04/2009 |
|
Order [non-document] granting Motion for
appearance pro hac vice by attorney Kevin A. Seely for National City
Plaintiff(s) (Related Doc # 90
). Judge Solomon Oliver, Jr on 6/4/09.(S,R) (Entered: 06/04/2009) |
|
06/04/2009 |
|
Order [non-document] granting Motion for
appearance pro hac vice by attorney Shane P. Sanders for National City
Plaintiff(s) (Related Doc # 91
). Judge Solomon Oliver, Jr on 6/4/09.(S,R) (Entered: 06/04/2009) |
|
06/04/2009 |
|
Order [non-document] granting Motion for
appearance pro hac vice by Bryan T. Veis. (Related Doc # 94
). Judge Solomon Oliver, Jr on 6/4/09.(S,R) (Entered: 06/04/2009) |
|
06/11/2009 |
Order referring the following Motions to
Magistrate Judge Nance A. Vecchiarelli for the purposes of preparing a Report
and Recommendation: ( 72
) Individual Defendants' Motion to Dismiss for Lack of Standing; ( 38
) Individual Defendants' Motion to Dismiss the Consolidated
Shareholder Derivative Complaint; ( 47
) Plaintiffs' Motion for Leave to File an Amend Complaint; Defendants
National City Corpooration and Thomas Richlovsky's Motion to Dismiss
(1: |
|
|
06/11/2009 |
Order referring the following Motions to
Magistrate Judge Greg White for the purpose of preparing a Report and
Recommendation: Defendants' Motion to Dismiss the Amended Class Action
Complaint (1: |
|
|
07/01/2009 |
Order re 72
Motion to dismiss for Lack of Standing. The Lead Derivative Plaintiffs and
the Individual Defendants shall file a stipulation identifying which cases
are derivative in nature and are, thus, subject to a ruling on the
aforementioned motion to dismiss. The parties shall file the stipulation on
or before 07/08/2009. Magistrate Judge Nancy A. Vecchiarelli on 07/01/2009.
(G,W) (Entered: 07/01/2009) |
|
|
07/08/2009 |
Stipulation
Identifying Derivative Cases filed by National City Plaintiff(s), Jon E.
Barfield, James R. Bell, |
|
|
07/08/2009 |
Supplemental Statement
in Support of Stipulation Identifying Derivative Cases filed by National
City Plaintiff(s). Related document(s) 98
. (Golovach, Mark) Modified on 7/10/2009 (S,R). (Entered: 07/08/2009) |
|
|
07/22/2009 |
Address Change
Notice by Gregory Y. Porter filed by on behalf of all plaintiffs. (Porter,
Gregory) (Entered: 07/22/2009) |
|
|
07/22/2009 |
Response to
Plaintiffs' Supplemental Statement in Support of Stipulation Identifying
Derivative Cases filed by Jon E. Barfield, James R. Bell, |
|
|
07/29/2009 |
Report and
Recommendation in re: 38
, 47
, 72
. Objections to R&R due by 8/12/2009. Magistrate Judge Nancy A.
Vecchiarelli on 7/29/2009. (B,IE) (Entered: 07/29/2009) |
|
|
08/03/2009 |
Returned Mail
addressed to Debora Sturman. Marked: Not Deliverable as Addressed. Related
document(s) 97
. (S,R) (Entered: 08/03/2009) |
|
|
08/05/2009 |
Order referring (re 32
) Motion to dismiss Consolidated Complaint for Violations of ERISA
to Magistrate Judge Nancy A. Vecchiarelli for purposes of preparing a Report
and Recommendation. Signed by Judge Solomon Oliver, Jr on 8/5/2009. (D,M)
(Entered: 08/05/2009) |
|
|
08/05/2009 |
Notice of
Change of Address of Robbins Umeda LLP filed on behalf of National City
Plaintiff(s). (Sanders, Shane) Modified on 8/11/2009 (S,R). (Entered:
08/05/2009) |
|
|
08/12/2009 |
|
Order (non-document) granting oral motion of
the parties for extension of time until 8/21/2009, to file objections to
Report and Recommendation(re 102
) filed by Magistrate Judge Vecchiarelli on 7/29/2009. Approved by Judge
Solomon Oliver, Jr on 8/12/2009. (D,M) (Entered: 08/12/2009) |
|
08/20/2009 |
Proposed
Stipulation Relating to Report and Recommendation and Withdrawal of Motion
for Leave to Amend filed by Jon E. Barfield, James R. Bell, |
|
|
08/26/2009 |
Notice of
Appearance by Michelle A. Coccagna filed on behalf of National City
Plaintiff(s). (S,R) (Entered: 08/26/2009) |
|
|
08/28/2009 |
Joint Motion
for Order Temporarily Withholding Issuance of a Report and Recommendation on
the Pending Motion to Dismiss the Complaint filed by Administrative Committee
for The National City Savings and Investment Plan, Jon N. Couture, David A.
Daberko, National City Bank, National City Corporation, Sharon A. Deucher,
Robert Steinberg, Loretta D. Rogers, Rodolfo Ranallo, Jr, Rita Klabenesh,
Robert Huenefeld, Charles C. Gunning, George Rithianos, Deborah Douglas,
James Elsinghorst, Ella R. Whitlow, Barbara Grosick. Related document(s) 32
, 104
. (Mueller, Adrienne) (Entered: 08/28/2009) |
|
|
10/08/2009 |
Order granting Joint Motion for Order
Temporarily Withholding Issuance of a Report and Recommendation on the
Pending Motion to Dismiss the Complaint (Related Doc # 108
). Telephone Conference set for 12/18/2009, at 3:00 PM before Judge Solomon
Oliver Jr. Counsel shall file a notice with the court within 7 days of this
order as to whether Tomascik is included in the settlement
discussions. Signed by Judge Solomon Oliver, Jr on 10/8/2009. (D,M) (Entered:
10/08/2009) |
|
|
10/08/2009 |
Amended
Order of ECF No. 109,
granting ECF No. 108. Telephone Conference set for 12/18/2009 at 3:00 PM
before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr on
10/8/2009. (D,M) (Entered: 10/08/2009) |
|
|
10/08/2009 |
Order granting ECF No. 33 in case
1:09nc70002, and scheduling a telephone conference for 10/21/2009, at 4;00
p.m. Signed by Judge Solomon Oliver, Jr on 10/8/2009. (D,M) (Entered:
10/08/2009) |
|
|
10/08/2009 |
Order setting a Telephone Conference for
10/21/2009 at 12:00 PM before Judge Solomon Oliver, Jr. The court will
initiate this call. Signed by Judge Solomon Oliver, Jr on 10/8/2009.
(1:09-nc-70004) (D,M) (Entered: 10/08/2009) |
|
|
10/08/2009 |
Order granting in part and denying in part
Joint Motion Regarding Scheduling (Related Doc # 20
). Defendants shall have 30 days from the entry of this Order to answer or
otherwise respond to the Class Action Complaint filed on 8/26/2008; if
Defendants move with respect to the complaint, Plaintiff shall file his
opposition to Defendants' motion within 30 days; and Defendants shall file
their reply within 15 days of Plaintiff's opposition. Signed by Judge Solomon
Oliver, Jr on 10/8/2009. (1:08-nc-70015) (D,M) (Entered: 10/08/2009) |
|
|
10/08/2009 |
Order granting Plaintiff's Motion to be
Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of
Lead and Liaison Counsel ( |
|
|
10/08/2009 |
Order granting in part and denying in part
Joint Motion for Approval of Proposed Schedule (Related Doc # 11
). Plaintiff shall file an amended complaint within 20 days of the date of
the court's Order appointing Lead Plaintiff; Defendants shall have 30 days
from the filing of the amended complaint in which to answer or otherwise
plead; If Defendants move with respect to the complaint, Plaintiff shall file
its opposition to Defendants' motion within 30 days; and Defendants shall
file their reply within 15 days of Plaintiff's opposition. Signed by Judge
Solomon Oliver, Jr on 10/8/2009. (1:08-nc-70016). (D,M) (Entered: 10/08/2009) |
|
|
10/08/2009 |
|
Telephone
Conference set for 12/18/2009 at 03:00 PM in to be held telephonically before
Judge Solomon Oliver Jr. (S,R) (Entered: 10/15/2009) |
|
10/09/2009 |
Order and
Final Judgment. The
Report and Recommendation of Magistrate Judge Nancy A. Vecchiarelli is
adopted to the extent it recommends that defendants' motion to dismiss for
lack of standing be granted; The Report and Recommendation is overruled in
all other respects as moot, since plaintiffs, for the reasons stated in the
Stipulation, have withdrawn their motion for leave to amend; and Thus,
consistent with the Stipulation, judgment is hereby entered dismissing the
complaint, with all parties to bear their own costs and fees. This document
relates to cases 1:08-70003, 1:08-70005 & 1:08-70006. Related documents 106
, 102
. Signed by Judge Solomon Oliver, Jr on 10/07/2009. (B,R) (Entered:
10/09/2009) |
|
|
10/14/2009 |
Order denying as moot Plaintiffs Richard
Lerach's and Charles Greve's Motion to Consolidate Skelly v. National
City, et al. (Related Doc # 53
); and denying as moot Plaintiffs Richard Lerach's and Charles Greve's Motion
to Consolidate (Related Doc # 62
). Signed by Judge Solomon Oliver (MDL2003), Jr on 10/14/2009. (Derivative
Cases: 1:08nc70003, 1:08nc70005, 1:08nc70013, 1:08nc70014) (D,M) (Entered:
10/14/2009) |
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10/14/2009 |
Response to
the Court's Order of October 7, 2009 (1:08-nc-70013) filed by Jon E.
Barfield, James S. Broadhurst, Christopher M. Connor, Daniel J. Frate,
Bernadine P. Healy, Allen H. Koranda, Timothy J. Lathe, Michael B.
McCallister, National City Corporation, Paul A. Ormond, Peter E. Raskind,
Philip L. Rice, Thomas A. Richlovsky, Shelley J. Seifert, Gerald L. Shaheen,
Jeffrey J. Tengel, Richard E. Thornburgh, Jerry Sue Thornton, Morry Weiss,
David L. Zoeller. (Attachments: # 1
Exhibit A: Delaware Chancery Court Order and Final Judgment, # 2
Exhibit B: Delaware Chancery Court Letter Order)(Mueller, Adrienne) Modified
on 10/19/2009 (S,R). (Entered: 10/14/2009) |
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|
10/22/2009 |
Order/Minutes of Telephone Conference held on
10/21/2009. Parties shall confer within fifteen days to determine the extent
to which the Delaware Chancellory Court litigation would narrow the claims
here, discuss the appropriate notice requirements under the Private Securities
Litigation Reform Act, and determine the schedule for service, thereafter
notifing the court of their resolution of these issues. Plaintiff will fine a
Motion to Extend Time for Service. Signed Judge Solomon Oliver (MDL2003), Jr
on 10/21/2009. (Relates to 1:09nc70004) Time 30 minutes. (D,M) (Entered:
10/22/2009) |
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02/18/2010 |
Letter to
Court re Settlement Agreement. (S,R) (Entered: 02/18/2010) |
|
|
06/02/2010 |
Notice of
Related Cases filed by National City Bank, National City Corporation.
(Attachments: # 1
Exhibit A: Tomascik Civil Cover Sheet, # 2
Exhibit B: Fee Civil Cover Sheet and Complaint, # 3
Exhibit C: Abernethy Civil Cover Sheet and Complaint)(Mueller, Adrienne)
(Entered: 06/02/2010) |
|
|
07/28/2010 |
Unopposed Motion
for leave To File Memorandum In Excess of Page Limitation filed by
Sharon A. Deucher, Deborah Douglas, James Elsinghorst, Charles Greve, Barbara
Grosick, Charles C. Gunning, James W. Hass, Jr, Robert Huenefeld, Rita
Klabenesh, Richard Lerach, National City Plaintiff(s), Rodolfo Ranallo, Jr,
George Rithianos, Loretta D. Rogers, Robert Steinberg, Ella R. Whitlow.
(Attachments: # 1
Proposed Order)(Ciolko, Edward) (Entered: 07/28/2010) |
|
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07/30/2010 |
Order granting Plaintiffs' Unopposed Motion
for Leave to File Memorandum in Support of Plaintiffs' Motion for Preliminary
Approval of Settlement, Conditional Certification of Settlement Class,
Approval of Class Notice, and Scheduling a Final Fairness Hearing in Excess
of Page Limitation (Related Doc # 122
). Signed by Judge Solomon Oliver, Jr on 7/30/2010. (D,M) (Entered:
07/30/2010) |
|
|
08/20/2010 |
Motion for Preliminary Approval of
Settlement; Conditional Certification of Settlement Class; Approval of Class
Notice and Scheduling of a Final Fairness Hearing filed by Sharon A. Deucher,
Deborah Douglas, James Elsinghorst, Barbara Grosick, Charles C. Gunning,
Robert Huenefeld, Rita Klabenesh, Rodolfo Ranallo, Jr, George Rithianos,
Loretta D. Rogers, Robert Steinberg, Ella R. Whitlow. (Attachments: # 1
Memorandum, # 2
Exhibit A, # 3
Exhibit B, # 4
Exhibit C, # 5
Proposed Order)(Ciolko, Edward) (Entered: 08/20/2010) |
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08/27/2010 |
|
Minutes of
proceedings
[non-document] before Judge Solomon Oliver, Jr.Telephone Conference held on
8/27/2010. Order to follow. (Court Reporter: Susan Trischan.) Time: 30
minutes. (D,M) (Entered: 08/27/2010) |
|
08/27/2010 |
Order granting Motion for Preliminary
Approval of Class Action Settlement (Related Doc # 124
). Fairness Hearing set for 11/30/2010, at 12:00 PM in Courtroom 19A before
Judge Solomon Oliver (MDL2003) Jr. Signed by Judge Solomon Oliver, Jr on
8/27/2010. (D,M) (Entered: 08/27/2010) |
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|
08/30/2010 |
Affidavit/Declaration
of John M. Newman, Jr. Regarding Compliance with the Class Action Fairness
Act of 2005 filed by Administrative Committee for The National City
Savings and Investment Plan, Jon N. Couture, David A. Daberko, National City
Bank, National City Corporation. Related document(s) 124
, 125
. (Attachments: # 1
Exhibit A: Notice)(Mueller, Adrienne) (Entered: 08/30/2010) |
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|
09/07/2010 |
|
Order [non-document] withdrawing Motion to
Amend Complaint (Related Doc # 47
). Approved by Judge Solomon Oliver, Jr on 8/20/2009. (D,M) (Entered:
09/07/2010) |
|
10/14/2010 |
Unopposed Motion
for leave to File Memorandum In Support Of Plaintiffs Motion For Final
Approval of Class Action Settlement, Certification of Settlement Class, and
Approval of Plan of Allocation in excess of the twenty (20) page limit
filed by James Elsinghorst, Barbara Grosick. (Attachments: # 1
Proposed Order)(Ciolko, Edward) (Entered: 10/14/2010) |
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|
10/14/2010 |
Unopposed Motion
for leave to file a Memorandum in Support of Plaintiffs Motion for
Memorandum In Support of Class Counsels Motion For Award of Attorneys Fees,
Reimbursement of Expenses, and Case Contribution Award in excess of the
twenty (20) page limit filed by James Elsinghorst, Barbara Grosick.
(Attachments: # 1
Proposed Order)(Ciolko, Edward) (Entered: 10/14/2010) |
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|
10/15/2010 |
Letter from
Karen Melesky Re: Notice of Class Action Settlement. (S,R) (Entered:
10/15/2010) |
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|
10/18/2010 |
|
Order [non-document] granting Plaintiff's
Unopposed Motion for Leave to file Memorandum in Support of Motion for Final
Approval of Class Action Settlement, Certification of Settlement Class and
Approval of Plan of Allocation in Excess of Page Limitation (Related Doc # 127
); and granting Plaintiff's Unopposed Motion for Leave to file Memorandum in
Support of Motion for Award of Attorneys' Fees, Reimbursement of Expenses and
Case Contribution Award in Excess of Page Limitation (Related Doc # 128
). Approved by Judge Solomon Oliver, Jr on 10/18/2010. (D,M) (Entered:
10/18/2010) |
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10/19/2010 |
|
Random Assignment
of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral,
case will be assigned to Magistrate Judge Vecchiarelli and Magistrate Judge
White. (S,R) (Entered: 10/19/2010) |
|
10/20/2010 |
Motion for Plaintiffs' Motion for Final
Approval of Class Action Settlement, Certification of Settlement Class and
Approval of Plan of Allocation filed by Sharon A. Deucher, Deborah Douglas,
James Elsinghorst, Charles Greve, Barbara Grosick, Charles C. Gunning, James
W. Hass, Jr, Robert Huenefeld, Rita Klabenesh, Richard Lerach, National City
Plaintiff(s), Rodolfo Ranallo, Jr, George Rithianos, Loretta D. Rogers,
Robert Steinberg, Ella R. Whitlow. (Attachments: # 1
Exhibit A - Order and Final Judgment, # 2
Memorandum in Support)(Ciolko, Edward) (Entered: 10/20/2010) |
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|
10/20/2010 |
Affidavit/Declaration
of Edwin J. Mills filed by All Plaintiffs. Related document(s) 130
. (Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C)(Ciolko, Edward) (Entered: 10/20/2010) |
|
|
10/20/2010 |
Affidavit/Declaration
of Edward W. Ciolko filed by All Plaintiffs. Related document(s) 130
. (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, # 10
Exhibit 10, # 11
Exhibit 11, # 12
Exhibit 12, # 13
Exhibit 13, # 14
Exhibit 14, # 15
Exhibit 15, # 16
Exhibit 16, # 17
Exhibit 17, # 18
Exhibit 18, # 19
Exhibit 19, # 20
Exhibit 20, # 21
Exhibit 21, # 22
Exhibit 22, # 23
Exhibit 23, # 24
Exhibit 24, # 25
Exhibit 25)(Ciolko, Edward) (Entered: 10/20/2010) |
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10/21/2010 |
Motion for Award of Attorneys' Fees,
Reimbursement of Expenses and Case Contribution Awards filed by Sharon A.
Deucher, Deborah Douglas, James Elsinghorst, Charles Greve, Barbara Grosick,
Charles C. Gunning, James W. Hass, Jr, Robert Huenefeld, Rita Klabenesh,
Richard Lerach, National City Plaintiff(s), Rodolfo Ranallo, Jr, George
Rithianos, Loretta D. Rogers, Robert Steinberg, Ella R. Whitlow.
(Attachments: # 1
Exhibit A - [Proposed] Order)(Ciolko, Edward) (Entered: 10/21/2010) |
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|
10/21/2010 |
Memorandum In
Support of 133
Motion for Award of Attorneys' Fees, Reimbursement of Expenses and
Case Contribution Awards filed by All Plaintiffs. (Ciolko, Edward) (Entered:
10/21/2010) |
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|
11/23/2010 |
Supplemental
Declaration of of Edward W. Ciolko filed by All Plaintiffs. Related
document(s) 133
, 130
. (Attachments: # 1
Exhibit A, # 2
Exhibit B)(Ciolko, Edward) Modified on 11/29/2010 (S,R). (Entered:
11/23/2010) |
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|
11/30/2010 |
|
Minutes of
proceedings
[non-document] before Judge Solomon Oliver, Jr.Fairness Hearing held on 11/30/2010.
Order to follow. (Court Reporter: George Staiduhar) Time: 25 minutes. (D,M)
(Entered: 11/30/2010) |
|
11/30/2010 |
Order and
Final Judgment granting
Motion for Plaintiffs' Motion for Final Approval of Class Action Settlement,
Certification of Settlement Class and Approval of Plan of Allocation.
(Related Doc # 130
). Judge Solomon Oliver, Jr on 11/30/10.(S,R) (Entered: 12/01/2010) |
|
|
11/30/2010 |
Order Awarding Plaintiffs' Counsel Attorneys'
Fees and Reimbursement of Expenses and Plaintiffs' Case Contribution Awards.
(Related Doc # 133
). Judge Solomon Oliver, Jr on 11/30/10.(S,R) (Entered: 12/01/2010) |
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|
12/09/2010 |
Notice of
Withdrawal of Counsel for attorney Andrew G. Fiorella filed on behalf
of All Defendants. (Fiorella, Andrew) Modified on 12/14/2010 (S,R). (Entered:
12/09/2010) |
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|
06/24/2011 |
Order The court will have another Telephone
Status Conference on case 1:08-nc-70004 on 8/4/2011 at 4:00 PM. Judge Solomon
Oliver, Jr on 6/24/11. (S,R) (Entered: 06/27/2011) |
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07/11/2011 |
Order/Minutes of Case Management Conference held on
6/7/2011. Defendant shall have until 8/11/2011 to file Motion to Dismiss.
Plaintiff shall have until 9/12/2011, to respond to Defendant's Motion.
Defendant shall have until 9/27/2011, to reply. Telephone Conference set for
10/13/2011, at 4:00 PM before Judge Solomon Oliver Jr. Signed by Judge
Solomon Oliver, Jr on 7/11/2011. (D,M) (Entered: 07/11/2011) |
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07/25/2011 |
|
Notice
[non-document] of Telephone Status Conference set for cases 1:10-nc-70001,
1:10-nc-70002, 1:10-nc-70003, 1:10-nc-70004 and 1:10-nc-70005 on 8/18/2011 at
11:00 AM before Judge Solomon Oliver Jr. Call in instructions provided to counsel
via email. (S,R) (Entered: 07/25/2011) |
|
08/10/2011 |
Status
Conference Order/Minutes
of Telephone Conference held on 8/4/2011 (in Case Number 1:08-nc-70004).
Parties indicated that they reached a tentative settlement and will be filing
documents relating to settlement by mid-September. Thereafter, the court will
hold a telephonic status conference regarding the matters that need to be
accomplished prior to the holding of a fairness hearing. Signed by Judge
Solomon Oliver, Jr on 8/10/2011. (D,M) (Entered: 08/10/2011) |
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|
08/18/2011 |
Order/Minutes of Telephone Conference held on
8/18/2011. The parties indicated they are not in agreement regarding the
possibility of pursuing mediation and that the court should proceed to decide
the pending Motion to Dismiss (ECF No. 19 in case 1:10-nc-70001, and ECF No.
15 in case 1:10-nc-70002. Time: 20 minutes. Signed by Judge Solomon Oliver,
Jr on 8/18/2011. (D,M) (Entered: 08/18/2011) |
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