US District Court Civil Docket as of 06/22/2011
Retrieved from the court on June 29, 2011

U.S. District Court
Eastern District of Missouri (St. Louis)
CIVIL DOCKET FOR CASE #: 4:08-cv-00120-ERW


Western Washington Laborers-Employers Pension Trust v. Panera Bread Co., et al.
Assigned to: Honorable E. Richard Webber

Related Case: 

4:08-cv-00271-ERW

Cause: 28:1331 Fed. Question: Securities Violation


Date Filed:
01/25/2008
Date Terminated:
06/22/2011
Jury Demand: Both
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Plaintiff

 

Western Washington Laborers-Employers Pension Trust
Individually and on behalf of all others similarly situated

represented by

David A. Rosenfeld
COUGHLIN STOIA, LLP
58 S. Service Road
Suite 200
Melville, NY 11747
631-367-7100
Fax: 631-367-1173
Email: drosenfeld@csgrr.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Don R. Lolli
DYSART
AND TAYLOR
4420 Madison Avenue
Suite 200
Kansas City, MO 64111
816-931-2700
Fax: 816-931-7377
Email: dlolli@dysarttaylor.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Douglas R. Britton
ROBBINS
AND GELLER, LLP
655 W. Broadway
Suite 1900
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: dougb@rgrdlaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Jeffrey D. Light
ROBBINS
AND GELLER, LLP
655 W. Broadway
Suite 1900
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: jeffl@rgrdlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mario Alba , Jr.
COUGHLIN STOIA, LLP
58 S. Service Road
Suite 200
Melville, NY 11747
631-367-7100
Fax: 631-367-1173
Email: malba@csgrr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark J. Gaertner
HOLLORAN WHITE, LLP
2000 S. Eighth Street
St. Louis, MO 63104
314-772-8989
Fax: 314-772-8990
Email: mgaertner@holloranlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sarah R. Holloway
ROBBINS
AND GELLER
Post Montgomery Center
One Montgomery Street
Suite 1800
San Francisco, CA 94104
415-288-4545
Fax: 415-288-4534
Email: sholloway@rgrdlaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Tim E. Dollar
DOLLAR
AND BURNS, LC
1100 Main Street
Suite 2600
Kansas City, MO 64105
816-876-2600
Fax: 816-221-8763
Email: timd@dollar-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Sue Trachet

represented by

Don R. Lolli
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thomas O. McCarthy
MCMAHON
AND BERGER
2730 N. Ballas Road
Suite 200

St. Louis, MO 63131-3039

314-567-7350
Fax: 314-567-5968
Email: mccarthy@mcmahonberger.com
LEAD ATTORNEY

 

 

 


V.

 

 

Defendant

 

 

Panera Bread Co.

represented by

Jeffrey J. Kalinowski
BRYAN CAVE LLP
One Metropolitan Square
211 North Broadway
Suite 3600
St. Louis, MO 63102
314-259-2949
Fax: 314-552-8949
Email: jeff.kalinowski@bryancave.com
TERMINATED: 03/25/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael G. Bongiorno
WILMER
AND CUTLER
399 Park Avenue
New York, NY 10022
212-937-7220
Fax: 212-230-8888
Email: michael.bongiorno@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael R. Dube
WILMER
AND CUTLER
60 State Street
Boston, MA 02109
617-526-6420
Email: michael.dube@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Miranda Hooker
WILMER
AND CUTLER
60 State Street
Boston, MA 02109
617-526-6000
Email: miranda.hooker@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

R. Prescott Sifton
HUSCH BLACKWELL, LLP
The Plaza in Clayton
190 Carondelet Plaza
Suite 600
St. Louis, MO 63105
314-345-6000
Fax: 314-480-1505
Email: scott.sifton@huschblackwell.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Ronald M. Shaich

represented by

Jeffrey J. Kalinowski
(See above for address)
TERMINATED: 03/25/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael G. Bongiorno
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael R. Dube
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Miranda Hooker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

R. Prescott Sifton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Mark E. Hood

represented by

Jeffrey J. Kalinowski
(See above for address)
TERMINATED: 03/25/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael G. Bongiorno
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael R. Dube
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Miranda Hooker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

R. Prescott Sifton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Jeffrey W. Kip
TERMINATED:
08/07/2008

represented by

Jeffrey J. Kalinowski
(See above for address)
TERMINATED:
03/25/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

R. Prescott Sifton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Neal Yanofsky

represented by

Jeffrey J. Kalinowski
(See above for address)
TERMINATED:
03/25/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

R. Prescott Sifton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

01/25/2008

1 

COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS against Defendants Panera Bread Co., Mark E. Hood, Jeffrey W. Kip and Ronald M. Shaich with Jury Demand filed by Western Washington Laborers-Employers Pension Trust. Fee paid in the amount of $350.00 with receipt number 08650000000001333945. (Attachments: # 1 Civil Cover Sheet, # 2 Certification of Named Plaintiff Pursuant to Federal Securities Law)(Lolli, Don) Modified on 1/25/2008 (CDD). (Additional attachment(s) added on 1/28/2008: # 3 Original Filing Form) (CDD). (Entered: 01/25/2008)

01/25/2008

  

Case Opening Notification - Consents issued 5, Disclosure of Corporate Interest issued to Panera Bread Co.. Judge Assigned: Honorable Audrey G. Fleissig. (Service not attached to the original complaint - service not issued at this time.) (CDD) (Entered: 01/25/2008)

02/11/2008

  

Receipt:S2008-3887 atty. adm. fee $100 for Coughlin and Stoia. (CSAW) Modified on 2/28/2008 (CLA). (Entered: 02/11/2008)

02/11/2008

2 

Verified MOTION for Admission Pro Hac Vice for David Avi Rosenfeld (Filing fee $100)by Plaintiff Western Washington Laborers-Employers Pension Trust. (TRC) (Entered: 02/12/2008)

02/11/2008

3 

Verified MOTION for Admission Pro Hac Vice for Mario Alba, Jr. (Filing fee $100)by Plaintiff Western Washington Laborers-Employers Pension Trust. (TRC) (Entered: 02/12/2008)

02/13/2008

  

Docket Text ORDER Re: 2 Verified MOTION for Admission Pro Hac Vice for David Avi Rosenfeld (Filing fee $100)by Plaintiff Western Washington Laborers-Employers Pension Trust. (TRC) filed by Western Washington Laborers-Employers Pension Trust; ORDERED GRANTED. Signed by Mag Judge Audrey G. Fleissig on February 13, 2008. (SAA) (Entered: 02/13/2008)

02/13/2008

  

Docket Text ORDER Re: 3 Verified MOTION for Admission Pro Hac Vice for Mario Alba, Jr. (Filing fee $100)by Plaintiff Western Washington Laborers-Employers Pension Trust. (TRC) filed by Western Washington Laborers-Employers Pension Trust; ORDERED GRANTED. Signed by Mag Judge Audrey G. Fleissig on February 13, 2008. (SAA) (Entered: 02/13/2008)

02/13/2008

Pro Hac Vice mtns. ORDER granting 2 Motion for Leave to Appear Pro Hac Vice David Rosenfeld ; granting 3 Motion for Leave to Appear Pro Hac Vice Mario Alba Signed by Mag Judge Audrey G. Fleissig on 2/13/08. (CLA) (Entered: 02/14/2008)

03/03/2008

5 

WAIVER OF SERVICE Returned Executed filed by Western Washington Laborers-Employers Pension Trust Panera Bread Co. waiver signed on 3/3/2008, answer due 5/2/2008; Ronald M. Shaich waiver signed on 3/3/2008, answer due 5/2/2008; Mark E. Hood waiver signed on 3/3/2008, answer due 5/2/2008; Jeffrey W. Kip waiver signed on 3/3/2008, answer due 5/2/2008. (Lolli, Don) (Entered: 03/03/2008)

03/10/2008

6 

Verified MOTION for Admission Pro Hac Vice for Douglas R. Britton (Filing fee $100)by Plaintiff Western Washington Laborers-Employers Pension Trust. (TRC) (Entered: 03/12/2008)

03/11/2008

  

Receipt:S2008-004670 atty. adm. fee for Coiughlin & Stoia $100. (CSAW) Modified on 3/20/2008 (CLA). (Entered: 03/11/2008)

03/13/2008

  

Docket Text ORDER Re: 6 Verified MOTION for Admission Pro Hac Vice for Douglas R. Britton (Filing fee $100)by Plaintiff Western Washington Laborers-Employers Pension Trust. (TRC) filed by Western Washington Laborers-Employers Pension Trust; ORDERED GRANTED. Signed by Mag Judge Audrey G. Fleissig on March 13, 2008. (SAA) (Entered: 03/13/2008)

03/13/2008

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice Douglas Britton Added Douglas R. Britton for Western Washington Laborers-Employers Pension Trust Signed by Mag Judge Audrey G. Fleissig on 3/13/08. (CLA) (Entered: 03/14/2008)

03/25/2008

9 

MOTION to Consolidate Cases Consolidate with higher case number 4:08-CV-00271-TCM, MOTION to Appoint Lead Counsel and for Approval of Selection of Lead and Liaison Counsel names:Mario Alba, Jr., Richard A. Maniskas, D. Seamus Kaskela, Douglas R. Britton, David M. Promisloff and Don R. Lolli by Plaintiff Western Washington Laborers-Employers Pension Trust. (Lolli, Don) (Entered: 03/25/2008)

03/25/2008

10 

MEMORANDUM in Support of Motion re 9 MOTION to Consolidate Cases Consolidate with higher case number 4:08-CV-00271-TCM MOTION to Appoint Lead Counsel and for Approval of Selection of Lead and Liaison Counsel names:Mario Alba, Jr., Richard A. Maniskas, D. Seamus Kaskela, Douglas R. Britton, David M. Promisloff and Don R. Lolli filed by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Lolli Declaration, # 2 Exhibit Exhibit A to Lolli Declaration, # 3 Exhibit Exhibit B to Lolli Declaration, # 4 Exhibit Exhibit C to Lolli Declaration, # 5 Exhibit Exhibit D to Lolli Declaration, # 6 Exhibit Exhibit E to Lolli Declaration)(Lolli, Don) (Entered: 03/25/2008)

03/27/2008

11 

CJRA ORDER (jgw). Judge Mag Judge Audrey G. Fleissig termed. Case reassigned to Judge Honorable E. Richard Webber for all further proceedings. (MJM) (Entered: 03/27/2008)

04/04/2008

12 

MEMORANDUM in Support of Motion re 9 MOTION to Consolidate Cases Consolidate with higher case number 4:08-CV-00271-TCM MOTION to Appoint Lead Counsel and for Approval of Selection of Lead and Liaison Counsel names:Mario Alba, Jr., Richard A. Maniskas, D. Seamus Kaskela, Douglas R. Britton, David M. Promisloff and Don R. Lolli and in Opposition to the Motion of the Buisson Group filed by Plaintiff Western Washington Laborers-Employers Pension Trust. (Lolli, Don) (Entered: 04/04/2008)

04/10/2008

  

Receipt: S2008-005427 in the amount of $100.00 for ATTORNEY ADM FEE - PHV. (CSAW) Modified on 4/17/2008 (BAK). (Entered: 04/10/2008)

04/10/2008

13 

MOTION for Leave to Appear Pro Hac Vice Sarah Holloway (Filing fee $100) by Plaintiff Western Washington Laborers-Employers Pension Trust. (BAK) (Entered: 04/11/2008)

04/14/2008

  

Docket Text ORDER: Motion for Leave to Appear Pro Hac Vice [doc. #13] is GRANTED. Sarah R. Holloway shall be admitted pro hac vice for the purpose of representing Plaintiff in this matter. So Ordered by Judge E. Richard Webber. (BAB) Notification sent to non-registered attorney on 4/15/2008 (BAK). (Entered: 04/14/2008)

04/29/2008

14 

ENTRY of Appearance by R. Prescott Sifton for Defendant Panera Bread Co.. (Sifton, R.) (Entered: 04/29/2008)

04/29/2008

15 

ENTRY of Appearance by Jeffrey J. Kalinowski for Defendant Panera Bread Co.. (Kalinowski, Jeffrey) (Entered: 04/29/2008)

05/02/2008

16 

STIPULATION re 5 Waiver of Service Executed, Stipulation and Proposed Scheduling Order by Defendant Panera Bread Co.. (Attachments: # 1 Affidavit Verification of Signed Original)(Sifton, R.) (Entered: 05/02/2008)

05/06/2008

  

Docket Text ORDER: The Stipulation and Scheduling Order [doc. #16] as submitted by the parties is approved by this Court. Counsel for all parties shall appear before this Court on June 16, 2008, at 3:00 p.m. for an in-court hearing on the pending Motion to Consolidate and Motion to Appoint Lead Counsel [doc. #9]. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 05/06/2008)

06/04/2008

17 

ENTRY of Appearance by R. Prescott Sifton for Defendants Ronald M. Shaich, Mark E. Hood, Jeffrey W. Kip. (Sifton, R.) (Entered: 06/04/2008)

06/04/2008

18 

ENTRY of Appearance by Jeffrey J. Kalinowski for Defendants Ronald M. Shaich, Mark E. Hood, Jeffrey W. Kip. (Kalinowski, Jeffrey) (Entered: 06/04/2008)

06/16/2008

19 

Minute Entry for proceedings held before Honorable E. Richard Webber: Motion Hearing held on 6/16/2008 re 9 MOTION to Consolidate Cases Consolidate with higher case number 4:08-CV-00271-TCM MOTION to Appoint Lead Counsel and for Approval of Selection of Lead and Liaison Counsel names: Mario Alba, Jr., Richard A. Maniskas, D. Seamus Kaskela, Douglas R. Britton, David M. Promisloff and Don R. Lolli filed by Western Washington Laborers-Employers Pension Trust. Parties to submit Order to Court. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: no.) (RJD) (Entered: 06/17/2008)

06/19/2008

20 

NOTICE Proposed Order Consolidating Actions, Appointing Lead Plaintiff and Approving Selection of Lead and Liaison Counsel: by Plaintiff Western Washington Laborers-Employers Pension Trust (Lolli, Don) (Entered: 06/19/2008)

06/23/2008

21 

MEMORANDUM AND ORDER re: 9 MOTION to Consolidate Cases Consolidate with higher case number 4:08-CV-00271-TCM MOTION to Appoint Lead Counsel and for Approval of Selection of Lead and Liaison Counsel names:Mario Alba, Jr., Richard A. Maniskas, D. Seamus Kaskela, Douglas R. Britton, David M. Promisloff and Don R. Lolli filed by Plaintiff Western Washington Laborers-Employers Pension Trust motion is GRANTED. Western Washington is appointed Lead Plaintiff, Coughlin Stoia is appointed Lead Counsel, and Dysart Taylor is appointed Liaison Counsel. Additionally, future pleadings shall be filed under Case No. 4:08CV120 EW and Case No. 4:08CV271 CAS shall be administratively closed. Signed by Honorable E. Richard Webber on June 23, 2008. (MCB) (Entered: 06/23/2008)

08/07/2008

22 

AMENDED COMPLAINT Amended Class Action Complaint for Violations of Federal Securities Laws against defendant Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood,Terminating Jeffrey W. Kip Amended Class Action Complaint for Violations of Federal Securities Laws, filed by Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Summons)(Britton, Douglas) (Entered: 08/07/2008)

08/13/2008

23 

MEMORANDUM to Clerk by Plaintiff Western Washington Laborers-Employers Pension Trust. (Britton, Douglas) (Entered: 08/13/2008)

08/13/2008

24 

WAIVER of Service issued to defendantNeal Yanofsky by sending to his attorney, Michael Bongiorno on 8/8/08; filed by Western Washington Laborers-Employers Pension Trust. Waiver of Service due by 9/8/2008. (MCB) (Entered: 08/13/2008)

08/20/2008

25 

WAIVER OF SERVICE Returned Executed filed by Western Washington Laborers-Employers Pension Trust Neal Yanofsky waiver signed on 8/8/2008, answer due 10/7/2008. (Britton, Douglas) (Entered: 08/20/2008)

08/21/2008

26 

MOTION for Leave to Appear Pro Hac Vice Michael G. Bongiorno (Filing fee $100) by Defendants Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (KLH) (Entered: 08/25/2008)

08/21/2008

27 

MOTION for Leave to Appear Pro Hac Vice Miranda Hooker (Filing fee $100) by Defendants Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (KLH) (Entered: 08/25/2008)

08/22/2008

  

Receipt 4644002193 in the amount of $100.00 for PRO HAC VICE on behalf of BONGIORNO, MICHAEL G. (CCAM) (Entered: 08/22/2008)

08/22/2008

  

Receipt 4644002193 in the amount of $100.00 for PRO HAC VICE on behalf of HOOKER, MIRANDA (CCAM) (Entered: 08/22/2008)

08/26/2008

  

Docket Text ORDER: Motions for Leave to Appear Pro Hac Vice [doc. #26 and #27] are GRANTED. Michael G. Bongiorno and Miranda Hooker shall be admitted pro hac vice for the purpose of representing Defendants Panera Bread Co., Ronald M. Shaich and Mark E. Hood in this matter. So Ordered by Judge E. Richard Webber. (BAB) Notification sent to non-registered attorneys on 8/27/2008 (BAK). (Entered: 08/26/2008)

09/16/2008

28 

Consent MOTION for Extension of Time to File ;Extension to file the following: Motion to Dismiss Amended Complaint ;Proposed extension date 10/06/2008, MOTION for Leave to File in Excess of Page Limitation by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Affidavit Verification of Signed Original, # 2 Text of Proposed Order)(Sifton, R.) (Entered: 09/16/2008)

09/16/2008

  

Docket Text ORDER: Consent Motion for Extension of Time and to Exceed Page Limit [doc. #28] is GRANTED. Defendants shall Answer or otherwise respond to the Amended Complaint no later than October 6, 2008. If a Motion to Dismiss is filed, Plaintiff shall file a Response in Opposition no later than November 20, 2008; and any Reply shall be filed within five (5) days thereafter. Defendants' Memorandum in Support of their Motion to Dismiss and Plaintiff's Opposition to said motion shall not exceed thirty (30) pages in length. So Ordered by Judge E. Richard Webber. (BAB) Notification sent to: Michael G. Bongiorno, WILMER AND CUTLER, 2445 M Street, N.W., Washington, DC 20037-1420 on 9/17/2008 (MCB). (Entered: 09/16/2008)

09/17/2008

  

ORDER RECEIPT: (see receipt) Wed Sep 17 11:30:35 CDT 2008 (Berg, Melanie) (Entered: 09/17/2008)

10/06/2008

29 

MOTION to Dismiss Case for Failure to State a Claim Upon which Relief can be Granted by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Affidavit of Miranda Hooker, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33-1, # 35 Exhibit 33-2, # 36 Exhibit 33-3, # 37 Exhibit 33-4, # 38 Exhibit 33-5, # 39 Exhibit 33-6, # 40 Exhibit 33-7, # 41 Exhibit 33-8, # 42 Exhibit 33-9, # 43 Exhibit 33-10, # 44 Exhibit 33-11, # 45 Exhibit 33-12, # 46 Exhibit 33-13, # 47 Exhibit 33-14, # 48 Exhibit 34, # 49 Exhibit 35, # 50 Exhibit 36, # 51 Exhibit 37-1, # 52 Exhibit 37-2, # 53 Exhibit 37-3, # 54 Exhibit 37-4, # 55 Exhibit 38-1, # 56 Exhibit 38-2, # 57 Exhibit 39, # 58 Text of Proposed Order)(Sifton, R.) Modified on 10/7/2008 (KLH). (Entered: 10/06/2008)

10/06/2008

30 

MEMORANDUM in Support of Motion re 29 MOTION to Dismiss Case for Failure to State a Claim Upon which Relief can be Granted filed by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sifton, R.) (Entered: 10/06/2008)

11/20/2008

31 

MEMORANDUM in Opposition re 29 MOTION to Dismiss Case for Failure to State a Claim Upon which Relief can be Granted filed by Plaintiff Western Washington Laborers-Employers Pension Trust. (Britton, Douglas) (Entered: 11/20/2008)

11/20/2008

32 

DECLARATION filed by Plaintiff Western Washington Laborers-Employers Pension Trust re 31 Memorandum in Opposition to Motion. (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)(Britton, Douglas) (Entered: 11/20/2008)

12/03/2008

33 

REPLY to Response to Motion re 29 MOTION to Dismiss Case for Failure to State a Claim Upon which Relief can be Granted filed by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Affidavit Declaration of Michael Bongiorno, # 2 Exhibit 1)(Sifton, R.) (Entered: 12/03/2008)

12/03/2008

34 

REQUEST for Oral Argument re 29 MOTION to Dismiss Case for Failure to State a Claim Upon which Relief can be Granted by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Text of Proposed Order)(Sifton, R.) Modified on 12/12/2008 (BAB). (Entered: 12/03/2008)

06/04/2009

35 

ENTRY of Appearance by Tim E. Dollar for Plaintiff Western Washington Laborers-Employers Pension Trust. (Dollar, Tim) (Entered: 06/04/2009)

06/25/2009

36 

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' Motion to Dismiss the Consolidated Complaint [doc. #29] is converted to a motion for summary judgment under Fed. R. Civ. P. 56, and is DENIED, without prejudice, for failure to comply with Local Rule 7-4.01(E). Any motion for summary judgment shall be filed no later than July 20, 2009. Responses in oppositionshall be filed within twenty (20) days and any reply shall be filed within five (5) days thereafter. ( Dispositive Motions due by 7/20/2009.)Signed by Honorable E. Richard Webber on June 25, 2009. (MCB) (Entered: 06/25/2009)

06/25/2009

  

ORDER RECEIPT: (see receipt) Thu Jun 25 13:34:39 CDT 2009 (Berg, Melanie) (Entered: 06/25/2009)

07/06/2009

37 

STIPULATION re 36 Memorandum & Order,, Concerning Summary Judgment Briefing Schedule and Responsive Pleading Deadline by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Affidavit Verification of Signed Original, # 2 Text of Proposed Order)(Sifton, R.) (Entered: 07/06/2009)

07/07/2009

  

Docket Text ORDER: Consent Motion for Extension of Time [doc. #37] is GRANTED. The parties shall file any motions for summary judgment no later than August 10, 2009. Responses in opposition shall be filed no later than September 21, 2009, and any reply shall be filed within five (5) days thereafter. After this Court's ruling on the Motions for Summary Judgment, Defendants shall have twenty (20) days to file an Answer in this matter, if necessary. So Ordered by Judge E. Richard Webber. (BAB) Modified on 7/7/2009 (BAB). (Entered: 07/07/2009)

07/08/2009

  

ORDER RECEIPT: 7/7/09 - DTO (see receipt) Wed Jul 8 11:13:48 CDT 2009 (Douglas, Ronald) Modified on 7/8/2009 (RJD). (Entered: 07/08/2009)

07/29/2009

38 

Consent MOTION for Leave to File in Excess of Page Limitation for both Plaintiff and Defendants by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Affidavit Verification of Signed Original)(Sifton, R.) (Entered: 07/29/2009)

07/30/2009

  

Docket Text ORDER: Motion for Leave to File Summary Judgment Memorandums in Excess of Page Limitation [doc. #38] is GRANTED. Defendants' Memorandum in Support of Motion for Summary Judgment shall not exceed forty (40) pages; Plaintiff's Memorandum in Opposition shall not exceed forty-five (45) pages; any Reply by Defendants shall not exceed twenty (20) pages. These limits exclude signature and certificate of service pages. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 07/30/2009)

07/30/2009

  

ORDER RECEIPT: Docket Text Order filed 7/30/09 mailed to non-electronic parties (see receipt) Thu Jul 30 10:05:18 CDT 2009 (Hisaw, Kari) (Entered: 07/30/2009)

08/10/2009

39 

MOTION for Summary Judgment by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Text of Proposed Order)(Sifton, R.) (Entered: 08/10/2009)

08/10/2009

40 

STATEMENT of Material Facts re 39 MOTION for Summary Judgment filed by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Affidavit Declaration of Louis DiPietro, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50, # 52 Exhibit 51, # 53 Exhibit 52, # 54 Exhibit 53, # 55 Exhibit 54, # 56 Exhibit 55, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Exhibit 59, # 61 Exhibit 60, # 62 Exhibit 61, # 63 Exhibit 62, # 64 Exhibit 63, # 65 Exhibit 64, # 66 Exhibit 65, # 67 Exhibit 66, # 68 Exhibit 67, # 69 Exhibit 68, # 70 Exhibit 69, # 71 Exhibit 70, # 72 Exhibit 71, # 73 Exhibit 72, # 74 Exhibit 73, # 75 Exhibit 74, # 76 Exhibit 75, # 77 Exhibit 76, # 78 Exhibit 77, # 79 Exhibit 78, # 80 Exhibit 79, # 81 Exhibit 80, # 82 Exhibit 81, # 83 Exhibit 82, # 84 Exhibit 83, # 85 Exhibit 84, # 86 Exhibit 85, # 87 Exhibit 86, # 88 Exhibit 87, # 89 Exhibit 88, # 90 Exhibit 89, # 91 Exhibit 90, # 92 Exhibit 91, # 93 Exhibit 92, # 94 Exhibit 93, # 95 Exhibit 94, # 96 Exhibit 95, # 97 Exhibit 96, # 98 Exhibit 97, # 99 Exhibit 98, # 100 Exhibit 99, # 101 Exhibit 100, # 102 Exhibit 101, # 103 Exhibit 102, # 104 Exhibit 103, # 105 Exhibit 104, # 106 Exhibit 105)(Sifton, R.) (Entered: 08/10/2009)

08/10/2009

41 

MEMORANDUM in Support of Motion re 39 MOTION for Summary Judgment filed by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Appendix Cover Page to Exhibits A and B, # 2 Exhibit A, # 3 Exhibit B)(Sifton, R.) (Entered: 08/10/2009)

08/14/2009

42 

SUPPLEMENTAL re 41 Memorandum in Support of Motion, by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Supplement Memorandum in Support of Motion for Summary Judgment (with page numbers restored))(Sifton, R.) (Entered: 08/14/2009)

09/09/2009

43 

MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(f) by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Affidavit of Douglas R. Britton in Support of Plaintiff's Request for Relief Pursuant to Federal Rule of Civil Procedure 56(f), # 2 Text of Proposed Order Granting Plaintiff's Request for Relief Pursuant to Federal Rule of Civil Procedure 56(f))(Dollar, Tim) (Entered: 09/09/2009)

09/14/2009

44 

STIPULATION CONCERNING SUMMARY JUDGMENT BRIEFING SCHEDULE by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Original Filing Form Verification of Signed Original, # 2 Text of Proposed Order)(Dollar, Tim) (Entered: 09/14/2009)

09/14/2009

  

Docket Text ORDER: The Court has reviewed the Stipulated Briefing Schedule submitted by the parties. Defendants' Response to the pending Motion for Relief [doc. #43] shall be filed no later than September 23, 2009; Plaintiff's Reply shall be filed no later than September 30, 2009; and an in-court Hearing on said Motion will be held on October 2, 2009, at 1:00 p.m. Plaintiff's Response to the pending Motion for Summary Judgment [doc. #39] shall be filed no later than November 5, 2009, and Defendants' Reply shall be filed no later than November 16, 2009. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 09/14/2009)

09/14/2009

  

***REMARK--Copy of DTO dated 9/14/09 mailed this date to : Michael Bongiorno; 2445 M Street, NW; Washington, D.C. 20037--1420 (MGK) (Entered: 09/15/2009)

09/23/2009

45 

MEMORANDUM in Opposition re 43 MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(f) MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(f) filed by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Sifton, R.) (Entered: 09/23/2009)

09/23/2009

46 

SUPPLEMENTAL re 45 Memorandum in Opposition to Motion, by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Attachments: # 1 Exhibit Memorandum in Opposition to Rule 56(f) Motion (with page numbers restored))(Sifton, R.) (Entered: 09/23/2009)

09/30/2009

47 

REPLY to Response to Motion re 43 MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(f) MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(f) filed by Plaintiff Western Washington Laborers-Employers Pension Trust. (Dollar, Tim) (Entered: 09/30/2009)

09/30/2009

48 

SUPPLEMENTAL [re] 47Reply in Support of Plaintiff's Request for Relief Pursuant to Federal Rule 56(f) (with page numbers restored) by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Exhibit Reply in Support of Plaintiff's Request for Relief Pursuant to Federal Rule of Civil Procedure 56(f))(Dollar, Tim) (Entered: 09/30/2009)

09/30/2009

49 

MOTION for Leave to Appear Pro Hac Vice Michael R. Dube (Filing fee $100) by Defendants Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (KLH) (Entered: 09/30/2009)

09/30/2009

  

Receipt 4644010014 in the amount of $100.00 for PRO HAC VICE on behalf of Michael R. Dube (CCAM) (Entered: 10/01/2009)

10/02/2009

  

Docket Text ORDER: Motion for Leave to Appear Pro Hac Vice [doc. #49] is GRANTED. Michael R. Dube shall be admitted pro hac vice for the purpose of representing Defendants in this matter. So Ordered by Judge E. Richard Webber. (BAB) Notification sent to: Michael R. Dube, WILMER AND CUTLER, 60 State Street, Boston , MA 02109 on 10/5/2009 (MCB). (Entered: 10/02/2009)

10/02/2009

50 

Minute Entry for proceedings held before Honorable E. Richard Webber: Motion Hearing held on 10/2/2009 re: 43 MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(f) filed by Western Washington Laborers-Employers Pension Trust. Arguments of counsel heard. Plaintiff given 10 days to supply notice of scope of requested discovery. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: no.) (RJD) (Entered: 10/02/2009)

10/12/2009

51 

NOTICE Scope of Discovery Requested Pursuant to Federal Rule of Civil Procedure 56(f): by Plaintiff Western Washington Laborers-Employers Pension Trust (Dollar, Tim) (Entered: 10/12/2009)

10/13/2009

52 

Docket Text ORDER: Defendants shall file a Response to Plaintiff's Notice regarding Scope of Discovery 51 no later than October 23, 2009. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 10/13/2009)

10/23/2009

53 

NOTICE Response to Plaintiff's Notice Regarding Scope of Discovery: by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood re 52 Docket Text Order, 51 Notice (Other), 43 MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(f) MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(f) (Sifton, R.) (Entered: 10/23/2009)

10/27/2009

54 

STIPULATION Concerning Summary Judgment Briefing Schedule by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Verification of Signed Original Document, # 2 Text of Proposed Order)(Britton, Douglas) (Entered: 10/27/2009)

10/27/2009

55 

NOTICE Plaintiff's Reply to Defendant's Response to Notice of Scope of Discovery Requested by Plaintiff: by Plaintiff Western Washington Laborers-Employers Pension Trust (Dollar, Tim) (Entered: 10/27/2009)

10/30/2009

56 

Docket Text ORDER: The Court has reviewed the Stipulation 54 relating to the pending Motion for Summary Judgment 39 . Plaintiff's Response to said Motion shall be filed no later than December 9, 2009, and any Reply by Defendants shall be filed no later than December 21, 2009. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 10/30/2009)

11/06/2009

57 

MEMORANDUM AND ORDER. ORDERED that Plaintiff's Motion for Relief Pursuant to Federal Rule of Civil Procedure 56(f) [doc. # 43 ] is DENIED. Prior to any discovery taking place, the parties shall proceed in accordance with the established schedule for briefing of Defendants' Motion for Summary Judgment [doc. #39], limited to the issue of the applicability of 15 U.S.C. § 78u-5(c)(1)(A) to Plaintiff's claims. Signed by Honorable E. Richard Webber on 11/6/09. (KLH) (Entered: 11/06/2009)

12/09/2009

58 

MEMORANDUM in Opposition re 39 MOTION for Summary Judgment filed by Plaintiff Western Washington Laborers-Employers Pension Trust. (Dollar, Tim) (Entered: 12/09/2009)

12/09/2009

59 

MEMORANDUM re 40 Statement of Material Facts,,,,,,,, Plaintiff's Response to Defendants' Statement of Uncontroverted Material Facts in Support of Defendants' Motion for Summary Judgment by Plaintiff Western Washington Laborers-Employers Pension Trust. (Dollar, Tim) (Entered: 12/09/2009)

12/09/2009

60 

DECLARATION filed by Plaintiff Western Washington Laborers-Employers Pension Trust re 58 Memorandum in Opposition to Motion, 59 Memorandum, Declaration of Tim E. Dollar. (Attachments: # 1 Exhibit 1 - 11/1/05 Press Release, # 2 Exhibit 2 - 11/2/05 Conference Call, # 3 Exhibit 3 - Stock Price Chart, # 4 Exhibit 4 - 2/10/06 Conference Call, # 5 Exhibit 5 - 9/26/05 Bear Stearns Report, # 6 Exhibit 6 - 8/10/05 Conference Call, # 7 Exhibit 7 - 2/9/07 Conference Call, # 8 Exhibit 8 - 2/8/07 Press Release, # 9 Exhibit 9 - 7/25/07 Conference Call, # 10 Exhibit 10 - 10/24/07 Conference Call, # 11 Exhibit 11 - 4/25/06 Press Release, # 12 Exhibit 12 - 4/26/06 Conference Call, # 13 Exhibit 13 - 4/27/06 Morgan Keegan Report, # 14 Exhibit 14 - 7/25/06 Press Release, # 15 Exhibit 15 - 7/26/06 Conference Call, # 16 Exhibit 16 - 2/13/08 Conference Call, # 17 Exhibit 17 - 4/25/07 Conference Call, # 18 Exhibit 18 - 4/2/08 Letter to Stockholders, # 19 Exhibit 19 - 6/6/07 Press Release, # 20 Exhibit 20 - 6/6/07 BB&T Capital Report, # 21 Exhibit 21 - 5/5/06 Conference Call, # 22 Exhibit 22 - 4/25/07 Press Release, # 23 Exhibit 23 - 12/6/06 Press Release, # 24 Exhibit 24 - 10/25/06 Press Release, # 25 Exhibit 25 (Part 1) - 2004 10K, # 26 Exhibit 25 (Part 2) - 2004 10K, # 27 Exhibit 26 - 1Q05 10Q, # 28 Exhibit 27 - 2Q05 10Q, # 29 Exhibit 28 - 3Q05 10Q, # 30 Exhibit 29 (Part 1) - 2005 10K, # 31 Exhibit 29 (Part 2) - 2005 10K, # 32 Exhibit 30 - 1Q06 10Q, # 33 Exhibit 31 - 2Q06 10Q, # 34 Exhibit 32 - 3Q06 10Q, # 35 Exhibit 33 (Part 1) - 2006 10K, # 36 Exhibit 33 (Part 2) - 2006 10K, # 37 Exhibit 34 - 1Q07 10Q, # 38 Exhibit 35 (Part 1) - 2007 10K, # 39 Exhibit 35 (Part 2) - 2007 10K, # 40 Exhibit 36 - 1/5/06 Press Release, # 41 Exhibit 37 - 4/4/07 Press Release, # 42 Exhibit 38 (Part 1) - Franchise Disclosure, # 43 Exhibit 38 (Part 2) - Franchise Disclosure, # 44 Exhibit 38 (Part 3) - Franchise Disclosure, # 45 Exhibit 38 (Part 4) - Franchise Disclosure, # 46 Exhibit 38 (Part 5) - Franchise Disclosure, # 47 Exhibit 39 - 10/25/06 Conference Call, # 48 Exhibit 40 - 4/13/07 Proxy Statement, # 49 Exhibit 41 - 7/24/07 Press Release, # 50 Exhibit 42 - 1/6/06 WR Hambrecht Report, # 51 Exhibit 43 - 2/1/06 Canaccord Adams Report, # 52 Exhibit 44 - 2/13/06 Canaccord Adams Report, # 53 Exhibit 45 - 3/20/06 Oppenheimer Report, # 54 Exhibit 46 - Certification, # 55 Exhibit 47 - 2/17/05 AG Edwards Report, # 56 Exhibit 48 - 2/9/06 Press Release, # 57 Exhibit 49 - 11/18/05 CIBC Report, # 58 Exhibit 50 - 12/13/05 Key Banc Report, # 59 Exhibit 51 - 1/5/06 Morgan Keegan Report, # 60 Exhibit 52 - 12/19/05 WR Hambrecht Report, # 61 Exhibit 53 - 1/15/06 Article, # 62 Exhibit 54 - 2/10/06 Canaccord Adams Report, # 63 Exhibit 55 - 2/16/06 AG Edwards Report, # 64 Exhibit 56 - 4/19/06 Morgan Keegan Report, # 65 Exhibit 57 - 4/20/06 William Blair Report, # 66 Exhibit 58 - William Blair Report, # 67 Exhibit 59 - 5/5/06 Press Release, # 68 Exhibit 60 - 10/25/07 BB&T Capital Report, # 69 Exhibit 61 - 4/3/06 Article)(Dollar, Tim) (Entered: 12/09/2009)

12/21/2009

61 

REPLY to Response to Motion re 39 MOTION for Summary Judgment filed by Defendants Neal Yanofsky, Panera Bread Co., Ronald M. Shaich, Mark E. Hood. (Sifton, R.) (Entered: 12/21/2009)

03/16/2010

62 

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment [doc. #39] is GRANTED, in part and DENIED, in part. Defendants' Motion is denied with respect to the statements of present fact set forth in the preceding paragraph, and otherwise granted. Signed by Honorable E. Richard Webber on March 16, 2010. (MGK) (Entered: 03/16/2010)

03/16/2010

63 

RULE 16 ORDER This case is assigned to Track: 2 (Standard). Defendants shall file an Answer to the Amended Complaint no later than April 6, 2010. Joint Scheduling Plan due by 4/9/2010. Rule 16 Conference set for 4/15/2010 08:30 AM in In Chambers before Honorable E. Richard Webber. Signed by Honorable E. Richard Webber on March 16, 2010. (MGK) (Entered: 03/16/2010)

03/22/2010

64 

NOTICE Firm Name Change: by Plaintiff Western Washington Laborers-Employers Pension Trust (Britton, Douglas) (Entered: 03/22/2010)

03/24/2010

65 

MOTION to Withdraw as Counsel by Defendants Mark E. Hood, Panera Bread Co., Ronald M. Shaich, Neal Yanofsky. (Kalinowski, Jeffrey) (Entered: 03/24/2010)

03/25/2010

66 

Docket Text ORDER: Motion to Withdraw as Counsel 65 is GRANTED. Jeffrey Kalinowski shall be termed as counsel of record for Defendants in this matter. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 03/25/2010)

04/02/2010

67 

Joint MOTION to Stay re 22 Amended Complaint, 63 Rule 16 Order, 62 Memorandum & Order, by Defendants Mark E. Hood, Panera Bread Co., Ronald M. Shaich, Neal Yanofsky. (Attachments: # 1 Affidavit Verification of Signed Original)(Sifton, R.) (Entered: 04/02/2010)

04/02/2010

68 

Consent MOTION for Extension of Time to File Answer re 22 Amended Complaint, 67 Joint MOTION to Stay re 22 Amended Complaint, 63 Rule 16 Order, 62 Memorandum & Order,, 62 Memorandum & Order, by Defendants Mark E. Hood, Panera Bread Co., Ronald M. Shaich, Neal Yanofsky. (Sifton, R.) (Entered: 04/02/2010)

04/05/2010

69 

Amended MOTION for Extension of Time to File Answer re 22 Amended Complaint, 68 Consent MOTION for Extension of Time to File Answer re 22 Amended Complaint, 67 Joint MOTION to Stay re 22 Amended Complaint, 63 Rule 16 Order, 62 Memorandum & Order,, 62 Memorandum & Order,Consent MOTION for Extension of Time to File Answer re 22 Amended Complaint, 67 Joint MOTION to Stay re 22 Amended Complaint, 63 Rule 16 Order, 62 Memorandum & Order,, 62 Memorandum & Order,, 62 Memorandum & Order, by Defendants Mark E. Hood, Panera Bread Co., Ronald M. Shaich, Neal Yanofsky. (Sifton, R.) (Entered: 04/05/2010)

04/05/2010

70 

Docket Text ORDER: Motion to Stay Pending Mediation 67 and Amended Motion for Extension of Time to File Answer 69 are GRANTED. This matter is STAYED up to and including July 6, 2010, at which time Defendants shall file an Answer to Plaintiff's Complaint if mediation efforts have not been successful by said date. The Rule 16 Conference previously set for April 16, 2010, is VACATED and will be reset at a later date, if necessary. Motion for Extension of Time 68 is termed as moot. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 04/05/2010)

07/01/2010

71 

Joint MOTION for Extension of: Stay Pending Mediation by Defendants Mark E. Hood, Panera Bread Co., Ronald M. Shaich, Neal Yanofsky. (Attachments: # 1 Affidavit Verification fo Signed Original)(Sifton, R.) (Entered: 07/01/2010)

07/01/2010

72 

Docket Text ORDER: Joint Motion for Extension of Time 71 is GRANTED. This matter is STAYED up to and including July 30, 2010, in order for the parties to continue pursue mediation. If mediation efforts are not successful, Defendants shall Answer the Consolidated Class Action Complaint no later than August 30, 2010. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 07/01/2010)

07/30/2010

73 

ADR COMPLIANCE REPORT by Neutral: Daniel Weinstein. Date of Conference: July 13, 2010. The parties participated in good faith. The parties did not achieve a settlement.(MCB) (Entered: 08/02/2010)

08/23/2010

74 

NOTICE of Change of Address filed by Douglas R. Britton (Britton, Douglas) (Entered: 08/23/2010)

08/30/2010

75 

ANSWER to 22 Amended Complaint, by Mark E. Hood, Panera Bread Co., Ronald M. Shaich, Neal Yanofsky.(Sifton, R.) (Entered: 08/30/2010)

08/30/2010

76 

RULE 16 ORDER. This case is assigned to Track: 2. Joint Scheduling Plan due by 9/15/2010. Rule 16 Conference set for 9/22/2010 at 9:00 AM In Chambers before Honorable E. Richard Webber. Signed by Honorable E. Richard Webber on 8/30/2010. (RJD) (Entered: 08/30/2010)

09/13/2010

77 

JOINT SCHEDULING PLAN by Plaintiff Western Washington Laborers-Employers Pension Trust. (Proposed). (Attachments: # 1 Verification of Signed Original)(Britton, Douglas) (Entered: 09/13/2010)

09/22/2010

78 

Minute Entry for proceedings held before Honorable E. Richard Webber: Rule 16 Conference held on 9/22/2010. Conference held in person and by phone. CMO to issue. (Notice only, no.pdf attached.). (Court Reporter or FTR Gold Operator initials:none.) (FTR Gold yes or no: No.) (DLB) (Entered: 09/22/2010)

09/23/2010

79 

CASE MANAGEMENT ORDER. This case is assigned to Track: 3. Motion to Join Parties due by 8/22/2011. Discovery Completion due by 11/22/2011. Dispositive Motions due by 1/23/2012. Jury Trial set for 6/18/2012 at 8:30 AM in Courtroom 17S before Honorable E. Richard Webber. Pretrial Conference set for 6/7/2012 at 9:00 AM in Courtroom 17S before Honorable E. Richard Webber. Pretrial Compliance due by 5/29/2012. Motion in Limine due by 6/3/2012. Signed by Honorable E. Richard Webber on 9/23/2010. (RJD) (Entered: 09/24/2010)

12/03/2010

80 

Joint MOTION to Stay Pending Settlement by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Affidavit Verification of Signed Original)(Britton, Douglas) (Entered: 12/03/2010)

12/07/2010

81 

Docket Text ORDER: Joint Motion to Stay Pending Settlement 80 is GRANTED. All Case Management Order deadlines are STAYED up to and including January 28, 2011, at which time the parties shall file a Stipulation of Settlement and Motion for Preliminary Approval. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 12/07/2010)

01/27/2011

82 

Docket Text ORDER: Joint Oral Motion to Stay Pending Settlement is GRANTED. All Case Management Order deadlines are STAYED up to and including February 11, 2011, at which time the parties shall file a Stipulation of Settlement and Motion for Preliminary Approval. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 01/27/2011)

02/11/2011

83 

MOTION for Settlement by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Memorandum of Law in Support of Motion for Preliminary Approval of Class Action Settlement)(Dollar, Tim) (Entered: 02/11/2011)

02/11/2011

84 

STIPULATION re 83 MOTION for Settlement by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Verification of Signed Original Document, # 2 Exhibit A, # 3 Exhibit A-1, # 4 Exhibit A-2, # 5 Exhibit A-3, # 6 Exhibit B)(Dollar, Tim) (Entered: 02/11/2011)

02/16/2011

85 

MOTION for Leave to Appear Pro Hac Vice Jeffrey D. Light (Filing fee $100) by Plaintiff Western Washington Laborers-Employers Pension Trust. (MCB) (Entered: 02/16/2011)

02/16/2011

86 

Docket Text ORDER: Motion for Leave to Appear Pro Hac Vice 85 is GRANTED. Jeffrey D. Light shall be admitted pro hac vice for the purpose of representing Plaintiff in this matter. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 02/16/2011)

02/16/2011

  

Receipt 4644019780 in the amount of $100.00 for PRO HAC VICE on behalf of JEFFREY D. LIGHT (CCAM) (Entered: 02/17/2011)

02/17/2011

  

ORDER RECEIPT: (see receipt) Docket No: 86. faxed to Jeffrey D. Light this date Thu Feb 17 07:50:43 CST 2011 (Berg, Melanie) (Entered: 02/17/2011)

02/22/2011

87 

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Lead Plaintiff's Motion for Preliminary Approval of Class Action Settlement [doc. # 83 ] is GRANTED, as follows: Please refer to order for all details. Signed by Honorable E. Richard Webber on 2/22/11. (KLH) (Entered: 02/22/2011)

04/12/2011

88 

Joint MOTION for Settlement To Mail Amended Notice of Pendency and Proposed Settlement of CLass Action and Extend Deadlines for Class Members to Exclude Themselves From The Class or Object to the Settlement, Plan Allocation of Settlement Proceeds or Lead Plaintiff's Counsel's Request for an Award of Attorney's Fees and Expenses by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Associated Cases: 4:08-cv-00120-ERW, 4:08-cv-00271-ERW(Dollar, Tim) (Entered: 04/12/2011)

04/13/2011

89 

ORDER APPROVING AMENDED NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION re 88 Joint MOTION for Settlement To Mail Amended Notice of Pendency and Proposed Settlement of CLass Action and Extend Deadlines for Class Members to Exclude Themselves From The Class or Object to the Settlement, Plan Allocation of Settlement Proceeds Filed by Western Washington Laborers-Employers Pension Trust. Motion is GRANTED - (See Order for details.) Signed by Honorable E. Richard Webber on April 13, 2011. (MCB) (Entered: 04/13/2011)

04/15/2011

90 

Motion for Settlement, Approval of the Plan of Allocation of Settlement Proceeds, and Motion for Attorney Fees and Expenses filed by Plaintiff Western Washington Laborers-Employers Pension Trust. (Light, Jeffrey) Modified on 4/19/2011 (BABS). Modified on 6/21/2011 (MCB). (Entered: 04/15/2011)

04/15/2011

91 

MEMORANDUM in Support of Notice of Motion for Settlement, Approval of the Plan of Allocation of Settlement Proceeds, and Motion for Attorney Fees and Expenses re 90 filed by Plaintiff Western Washington Laborers-Employers Pension Trust. (Light, Jeffrey) Modified on 4/19/2011 (BABS). (Entered: 04/15/2011)

04/15/2011

92 

MEMORANDUM in Support of Notice of Motion for Settlement, Approval of the Plan of Allocation of Settlement Proceeds, and Motion for Attorney Fees and Expenses re 90 filed by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Appendix A, Chart of 30% Fee Awards)(Light, Jeffrey) Modified on 4/19/2011 (BABS). (Entered: 04/15/2011)

04/15/2011

93 

DECLARATION filed by Plaintiff Western Washington Laborers-Employers Pension Trust re 90 MOTION for Settlement and Approval of the Plan of Allocation of Settlement Proceeds and MOTION for Attorney Fees and Expenses [DECLARATION OF DOUGLAS R. BRITTON]. (Light, Jeffrey) (Entered: 04/15/2011)

04/15/2011

94 

DECLARATION filed by Plaintiff Western Washington Laborers-Employers Pension Trust re 90 MOTION for Settlement and Approval of the Plan of Allocation of Settlement Proceeds and MOTION for Attorney Fees and Expenses [DECLARATION OF DAVID LETINICH]. (Light, Jeffrey) (Entered: 04/15/2011)

04/15/2011

95 

DECLARATION filed by Plaintiff Western Washington Laborers-Employers Pension Trust re 90 MOTION for Settlement and Approval of the Plan of Allocation of Settlement Proceeds and MOTION for Attorney Fees and Expenses [DECLARATION OF CAROLE K. SYLVESTER ON BEHALF OF GILARDI & CO. LLC]. (Attachments: # 1 Exhibit A, Class Notice, # 2 Exhibit B, Proof of Claim Form, # 3 Exhibit C, Broker Letter, # 4 Exhibit D, Affidavit of Publication)(Light, Jeffrey) (Entered: 04/15/2011)

04/15/2011

96 

DECLARATION filed by Plaintiff Western Washington Laborers-Employers Pension Trust re 90 MOTION for Settlement and Approval of the Plan of Allocation of Settlement Proceeds and MOTION for Attorney Fees and Expenses [DECLARATION OF JEFFREY D. LIGHT FILED ON BEHALF OF ROBBINS GELLER RUDMAN & DOWD LLP]. (Attachments: # 1 Exhibit A, Firm Resume)(Light, Jeffrey) (Entered: 04/15/2011)

04/15/2011

97 

DECLARATION filed by Plaintiff Western Washington Laborers-Employers Pension Trust re 90 MOTION for Settlement and Approval of the Plan of Allocation of Settlement Proceeds and MOTION for Attorney Fees and Expenses [DECLARATION OF TIM DOLLAR FILED ON BEHALF OF DOLLAR, BURNS AND BECKER]. (Attachments: # 1 Exhibit A, Firm Resume)(Light, Jeffrey) (Entered: 04/15/2011)

04/15/2011

98 

DECLARATION filed by Plaintiff Western Washington Laborers-Employers Pension Trust re 90 MOTION for Settlement and Approval of the Plan of Allocation of Settlement Proceeds and MOTION for Attorney Fees and Expenses [DECLARATION OF DON R. LOLLI FILED ON BEHALF OF DYSART TAYLOR LAY COTTER & MCMONIGLE, P.C.]. (Attachments: # 1 Exhibit A, Firm Resume)(Light, Jeffrey) (Entered: 04/15/2011)

06/15/2011

99 

MEMORANDUM in Further Support re 90 MOTION for Settlement and Approval of the Plan of Allocation of Settlement Proceeds and MOTION for Attorney Fees and Expenses filed by Plaintiff Western Washington Laborers-Employers Pension Trust. (Attachments: # 1 Text of Proposed Order Approving Plan of Allocation of Settlement Proceeds, # 2 Text of Proposed Order Awarding Attorneys' Fees and Expenses, # 3 Text of Proposed Order Final Judgment and Order of Dismissal with Prejudice)(Light, Jeffrey) Modified on 6/16/2011 (BRP). (Entered: 06/15/2011)

06/15/2011

100 

DECLARATION filed by Plaintiff Western Washington Laborers-Employers Pension Trust Supplemental Declaration of Carole K. Sylvester of Gilardi & Co. LLC. (Attachments: # 1 Exhibit A, Amended Notice of Pendency and Proposed Settlement of Class Action)(Light, Jeffrey) (Entered: 06/15/2011)

06/20/2011

101 

ENTRY of Appearance by Mark J. Gaertner for Plaintiff Western Washington Laborers-Employers Pension Trust. (Gaertner, Mark) (Entered: 06/20/2011)

06/22/2011

102 

Minute Entry for proceedings held before Honorable E. Richard Webber: In Court Hearing held on 6/22/2011. Parties present for settlement approval hearing. Plaintiffs and Defendant approve of general terms of the settlement. The Court finds that the settlement is fair, reasonable and adequate. Plan of allocation is also found fair, reasonable and adequate. The Court approves the settlement in all respects. Order to issue. (Court Reporter:D. Kriegshauser.) (FTR Gold: No.) (CBL) (Entered: 06/22/2011)

06/22/2011

103 

ORDER AWARDING LEAD PLAINTIFF'S COUNSEL ATTORNEYS' FEES AND EXPENSES re 90 MOTION for Settlement filed by Western Washington Laborers-Employers Pension Trust. 1. All of the capitalized terms used herein shall have the same meaning as set forth in the Stipulation and Agreement of Settlement dated as of February 11, 2011 (the "Stipulation"), and filed with this Court. SEE ORDER FOR FURTHER DETAILS. Signed by Honorable E. Richard Webber on June 22, 2011. (MCB) (Entered: 06/22/2011)

06/22/2011

104 

ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS. 1. For purposes of this Order, the terms used hereing shall have the same meaning as set forth in the Stipulation and Agreement of Settlement dated as of February 11, 2011 (the "Stipulation"). SEE ORDER FOR FURTHER DETAILS. Signed by Honorable E. Richard Webber on June 22, 2011. (MCB) (Entered: 06/22/2011)

06/22/2011

105 

FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. This Judgment incorporates by reference the definitions in the Stipulation and all terms used herein shall have the same meanings as set forth in the Stipulation. SEE FINAL JUDGMENT FOR FURTHER DETAILS.Signed by Honorable E. Richard Webber on June 22, 2011. (MCB) (Entered: 06/22/2011)

 

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