US District Court Civil Docket as of
05/14/2010
Retrieved from the court on November
17, 2010
U.S. District Court
Northern District of Georgia (Atlanta)
CIVIL DOCKET FOR CASE #: 1:08-cv-01287-TWT
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Plaintiff |
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Martin Zisholtz |
represented by |
Eduard Korinsky
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Plaintiff |
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Michael Maguire |
represented by |
Elizabeth Berney
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Defendant |
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SunTrust Banks, Inc. |
represented by |
Drew David Dropkin
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Defendant |
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SunTrust Robinson Humphrey, Inc. |
represented by |
Drew David Dropkin
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Date Filed |
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Docket Text |
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04/02/2008 |
COMPLAINT with Jury Demand filed
by Martin Zisholtz; and Summon(s) issued. Consent
form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 576017.)
(Attachments: # 1
Summons, # 2
Civil Cover Sheet)(epm) Please visit our website at
http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered:
04/04/2008) |
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05/05/2008 |
Return of Service Executed by
Martin Zisholtz. SunTrust Banks, Inc. served on 4/23/2008,
answer due 5/13/2008. (Dees, Marshall) (Entered: 05/05/2008) |
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05/05/2008 |
Return of Service Executed by
Martin Zisholtz. SunTrust Robinson Humphrey, Inc.
served on 4/23/2008, answer due 5/13/2008. (Dees, Marshall) (Entered:
05/05/2008) |
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05/12/2008 |
NOTICE of Appearance by Steven
Lawrence Polk on behalf of SunTrust Banks, Inc., SunTrust Robinson Humphrey,
Inc. (Polk, Steven) (Entered: 05/12/2008) |
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05/12/2008 |
NOTICE of Appearance by Terry
Robert Weiss on behalf of SunTrust Banks, Inc., SunTrust Robinson Humphrey,
Inc. (Weiss, Terry) (Entered: 05/12/2008) |
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05/12/2008 |
NOTICE of Appearance by Drew David
Dropkin on behalf of SunTrust Banks, Inc., SunTrust
Robinson Humphrey, Inc. (Dropkin, Drew) (Entered:
05/12/2008) |
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05/13/2008 |
MOTION to Dismiss for Failure
to State a Claim upon Which Relief Can Be Granted with Brief In Support
by SunTrust Banks, Inc., SunTrust Robinson Humphrey, Inc..
(Attachments: # 1
Brief, # 2
Exhibit A, # 3
Exhibit B)(Polk, Steven) (Entered: 05/13/2008) |
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05/13/2008 |
DOCUMENT FILED IN ERROR
- MOTION for Clarification /Confirmation
as to the Scope of 15 U.S.C. 78-u-4(b)(3)(B)'s
Automatic Stay of Discovery and Other Proceedings (Attachments: # 1 Brief, # 2 Text of Proposed
Order)(Polk, Steven) Modified on 5/15/2008 (dr).
(Entered: 05/13/2008) |
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05/13/2008 |
MOTION for Confirmation as to the
Scope of 15 USC 78u-4(b)(3)(B)'s Automatic Stay of Discovery and Other
Proceedings, or in the alternative, MOTION to Stay by SunTrust Banks, Inc.,
SunTrust Robinson Humphrey, Inc. (Attachments: # 1 Memorandum in
Support, # 2
Proposed Order)(dr) (Entered: 05/15/2008) |
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05/15/2008 |
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Letter from Clerk re:LR 83.1 Pro hac vice
requirements sent to Eduard Korinsky, Joseph E.
Levi and Juan E. Montedverde (jkm)
(Entered: 05/15/2008) |
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05/15/2008 |
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Letter from Clerk re:LR 83.1 Pro hac vice
requirements sent to Steven D. Toskes (jkm) (Entered: 05/15/2008) |
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05/15/2008 |
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Notification of Docket Correction
re 8 MOTION for
Clarification /Confirmation as to the Scope of 15 U.S.C. 78-u-4(b)(3)(B)'s Automatic Stay of Discovery and Other
Proceedings which is FILED IN ERROR. For correct entry refer to 9 MOTION for
Confirmation, MOTION to Stay. (dr) (Entered:
05/15/2008) |
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05/30/2008 |
NOTICE of Appearance by David
Andrew Bain on behalf of Martin Zisholtz (Bain,
David) (Entered: 05/30/2008) |
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05/30/2008 |
MOTION for Extension of Time to
File Response to Defendants' Motion to Dismiss re: 7 MOTION to Dismiss for Failure to State a Claim upon
Which Relief Can Be Granted with Brief In Support by Martin Zisholtz. (Attachments: # 1 Text of Proposed
Order)(Bain, David) (Entered: 05/30/2008) |
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05/30/2008 |
APPLICATION for Admission of
Eduard Korsinsky Pro Hac
Vice (Application fee $ 150, receipt number 113E0000000001674859)by Martin Zisholtz. (Bain,
David) (Entered: 05/30/2008) |
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05/30/2008 |
APPLICATION for Admission of Juan
E. Monteverde Pro Hac
Vice (Application fee $ 150, receipt number 113E0000000001674860)by Martin Zisholtz. (Bain,
David) (Entered: 05/30/2008) |
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05/30/2008 |
Request for Leave of Absence for
the following date(s): June 3-9, 2008, by David Andrew Bain. (Bain, David)
(Entered: 05/30/2008) |
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06/02/2008 |
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Clerks Notation re 14 Leave of Absence
June 3-9, 2008, by David Andrew Bain. The Court will not require an
appearance by D. Bain on these dates. (ss)
(Entered: 06/02/2008) |
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06/02/2008 |
NOTICE by Martin Zisholtz of Withdrawal of Holzer
Holzer & Fistel, LLC
as counsel of Record for Plaintiff (Attachments: # 1 Text of Proposed
Order)(Fistel, Michael) (Entered: 06/02/2008) |
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06/02/2008 |
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APPROVAL by Clerks Office re: 12 APPLICATION for
Admission of Eduard Korsinsky Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001674859).
Attorney Eduard Korinsky for Martin Zisholtz added. (cdg) (Entered:
06/02/2008) |
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06/02/2008 |
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APPROVAL by Clerks Office re: 13 APPLICATION for
Admission of Juan E. Monteverde Pro Hac Vice (Application fee $ 150, receipt number
113E0000000001674860). Attorney Juan E. Monteverde
for Martin Zisholtz added. (cdg)
(Entered: 06/02/2008) |
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06/02/2008 |
Certificate of Interested Persons
by Martin Zisholtz. (Bain, David) (Entered: 06/02/2008) |
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06/02/2008 |
MOTION Appointment of Lead
Plaintiff and Approval of Selection of Counsel with Brief In Support by
Martin Zisholtz. (Attachments: # 1 Brief, # 2 Affidavit
Declaration of Eduard Korsinsky, # 3 Text of Proposed
Order)(Bain, David) (Entered: 06/02/2008) |
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06/02/2008 |
ORDER granting 11 Motion for
Extension of Time to respond to 7 MOTION to Dismiss
until after a lead plaintiff is appointed by the Court. Signed by Judge
Thomas W. Thrash, Jr on 6/2/08. (dr) (Entered: 06/03/2008) |
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06/03/2008 |
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Submission of 9 MOTION for
Clarification, MOTION to Stay, submitted to District Judge Thomas W. Thrash.
(dr) (Entered: 06/03/2008) |
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06/03/2008 |
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Clerks Notation re 16 Certificate of
Interested Persons, OK per TWT. (ss) (Entered:
06/03/2008) |
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06/03/2008 |
ORDER granting 15 Notice of
Withdrawal of Holzer Holzer
& Fistel, LLC filed by Martin Zisholtz. Signed by Judge Thomas W. Thrash, Jr on 6/3/08. (dr) (Entered:
06/04/2008) |
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06/04/2008 |
ORDER granting 12 Application for
Admission Pro Hac Vice for Eduard Korsinsky. Signed by Judge Thomas W. Thrash, Jr on 6/3/08. (dr) (Entered:
06/04/2008) |
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06/04/2008 |
ORDER granting 13 Application for
Admission Pro Hac Vice for Juan E. Monteverde. Signed by Judge Thomas W. Thrash, Jr on 6/3/08. (dr) (Entered:
06/04/2008) |
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06/09/2008 |
ORDER granting 9 Motion for
Confirmation as to the Scope of 15 USC 78u-4(b)(3)(B)'s
Automatic Stay of Discovery, granting 9 Motion to Stay.
Signed by Judge Thomas W. Thrash, Jr on 6/9/08. (dr) (Entered: 06/09/2008) |
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06/10/2008 |
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Submission of 7 MOTION to Dismiss
for Failure to State a Claim upon Which Relief Can Be Granted,
submitted to District Judge Thomas W. Thrash. (dr)
(Entered: 06/10/2008) |
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06/11/2008 |
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Notification of Docket Correction
re Submission of 7
MOTION to Dismiss which was submitted premature. (dr)
(Entered: 06/11/2008) |
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06/12/2008 |
APPLICATION for Admission of Steven
D. Toskes Pro Hac Vice
(Application fee $ 150, receipt number 113E0000000001691678)by
Martin Zisholtz. (Bain, David) (Entered:
06/12/2008) |
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06/13/2008 |
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APPROVAL by Clerks Office re: 23 APPLICATION for
Admission of Steven D. Toskes Pro Hac Vice (Application fee $ 150, receipt number
113E0000000001691678). Attorney Steven D. Toskes
for Martin Zisholtz added. (pb)
(Entered: 06/13/2008) |
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06/18/2008 |
ORDER granting 23 Application for
Admission Pro Hac Vice for Steven Toskes. Signed by Judge Thomas W. Thrash, Jr on 6/18/08. (dr) (Entered:
06/18/2008) |
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06/19/2008 |
RESPONSE in Opposition re 17 MOTION
Appointment of Lead Plaintiff and Approval of Selection of Counsel filed by
SunTrust Banks, Inc., SunTrust Robinson Humphrey, Inc..
(Polk, Steven) (Entered: 06/19/2008) |
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07/14/2008 |
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Submission of 17 MOTION
Appointment of Lead Plaintiff and Approval of Selection of Counsel, submitted
to District Judge Thomas W. Thrash. (dr) (Entered:
07/14/2008) |
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08/06/2008 |
NOTICE of Hearing on Motion re: 17 MOTION
Appointment of Lead Plaintiff and Approval of Selection of Counsel. Motion
Hearing set for 9/17/2008 02:00 PM in Courtroom 2108 before Judge Thomas W.
Thrash Jr.. (ss) (Entered:
08/06/2008) |
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08/06/2008 |
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Remark re 26 Notice of
Hearing on Motion 17
, mailed to non-registered counsel and advised by letter that no further
paper orders/notices will be mailed to non-registered counsel by the Court.
Pro Hac Vice counsel may make arrangements with the
Clerks Office to receive electronic notices or
arrange to have your local counsel forward electronic notices and/or orders.
(ss) (Entered: 08/06/2008) |
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09/09/2008 |
APPLICATION for Admission of
Jerald M. Stein Pro Hac Vice (Application fee $
150, receipt number 113E0000000001811870)by Martin Zisholtz. (Bain, David) (Entered: 09/09/2008) |
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09/12/2008 |
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APPROVAL by Clerks Office re: 27 APPLICATION for
Admission of Jerald M. Stein Pro Hac Vice
(Application fee $ 150, receipt number 113E0000000001811870). Attorney Jerald
M. Stein added appearing on behalf of Martin Zisholtz
(cdg) (Entered: 09/12/2008) |
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09/16/2008 |
ORDER granting 27 Application for
Admission Pro Hac Vice for Jerald M. Stein. Signed
by Judge Thomas W. Thrash, Jr on 9/16/08. (dr) (Entered: 09/17/2008) |
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09/17/2008 |
Minute Entry for proceedings held
before Judge Thomas W. Thrash, Jr: Motion Hearing
held on 9/17/2008 re 17
MOTION Appointment of Lead Plaintiff and Approval of Selection of Counsel
filed by Martin Zisholtz; Plaintiff has 10 days to
file amended certification or appointment order will be vacated. (Court
Reporter Susan Baker)(dr) (Entered: 09/18/2008) |
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09/17/2008 |
ORDER granting 17 Motion for
Appointment of Lead Counsel; Appointing Martin Zisholtz
as lead plaintiff and approving his selection of lead counsel and liaison
counsel for the class. Signed by Judge Thomas W. Thrash, Jr
on 9/17/08. (dr) (Entered: 09/18/2008) |
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09/23/2008 |
NOTICE Of Filing by Martin Zisholtz (Attachments: # 1 Exhibit Amended
Certification)(Bain, David) (Entered: 09/23/2008) |
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10/03/2008 |
PROPOSED CONSENT ORDER Scheduling
Order. (Bain, David) (Entered: 10/03/2008) |
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10/07/2008 |
CONSENT SCHEDULING ORDER within 45
days after entry of an order by the MDL Panel denying the motio
nfor pre-trial coordination of this Action,
Plaintiff shall fila an Amended Complaint, or
respond to 7
MOTION to Dismiss; Reply brief due 10 days after response. If Plaintiff files
Amended Complaint answer due in 30 days or move to dismiss, Plaintiff
response to that motion due in 30 day, Reply brief due in 15 days. Signed by
Judge Thomas W. Thrash, Jr on 10/6/08. (dr) (Entered: 10/07/2008) |
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11/18/2008 |
Emergency MOTION for Discovery
with Brief In Support by Martin Zisholtz. (Attachments:
# 1 Text of
Proposed Order, # 2
Affidavit Declaration of Jerald M. Stein, # 3 Exhibit A (to
Stein Declaration), # 4
Exhibit B (to Stein Declaration))(Bain, David) (Entered: 11/18/2008) |
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11/24/2008 |
First AMENDED COMPLAINT against
all defendants, filed by Michael Maguire, Martin Zisholtz.
(Attachments: # 1
Exhibit Zisholtz certification, # 2 Exhibit Maguire
certification)(Bain, David) Please visit our website at http://www.gand.uscourts.gov
to obtain Pretrial Instructions. (Entered: 11/24/2008) |
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12/08/2008 |
RESPONSE in Opposition re 34 Emergency MOTION
for Discovery filed by SunTrust Banks, Inc., SunTrust Robinson Humphrey, Inc.. (Polk, Steven) (Entered: 12/08/2008) |
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12/24/2008 |
MOTION to Dismiss the Amended
Complaint for Failure to State a Claim Upon Which Relief Can Be Granted
with Brief In Support by SunTrust Banks, Inc., SunTrust Robinson Humphrey, Inc.. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C Part I,
# 5 Exhibit C
Part II)(Polk, Steven) (Entered: 12/24/2008) |
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12/26/2008 |
REPLY BRIEF re 34 Emergency MOTION
for Discovery filed by Michael Maguire, Martin Zisholtz.
(Bain, David) (Entered: 12/26/2008) |
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12/31/2008 |
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Submission of 34 Emergency MOTION
for Discovery, submitted to District Judge Thomas W. Thrash. (dr) (Entered: 12/31/2008) |
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01/16/2009 |
PROPOSED CONSENT ORDER re: 37 MOTION to
Dismiss the Amended Complaint for Failure to State a Claim Upon Which
Relief Can Be Granted. (Bain, David) (Entered: 01/16/2009) |
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01/21/2009 |
CONSENT SCHEDULING ORDER Signed by
Judge Thomas W. Thrash, Jr on 1/20/09. (dr) (Entered: 01/21/2009) |
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01/23/2009 |
NOTICE Of Filing Supplemental
Authority by Michael Maguire, Martin Zisholtz
re 34 Emergency
MOTION for Discovery (Attachments: # 1 Exhibit Waldman
v. Wachovia Corp. (order lifting discovery stay))(Bain, David) Modified on
1/26/2009 (dr). (Entered: 01/23/2009) |
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01/28/2009 |
RESPONSE re 41 Notice of Filing
Supplemental Authority filed by SunTrust Banks, Inc., SunTrust
Robinson Humphrey, Inc.. (Polk, Steven) (Entered:
01/28/2009) |
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02/04/2009 |
Second AMENDED COMPLAINT against
all defendants, filed by Michael Maguire, Martin Zisholtz.
(Attachments: # 1
Exhibit Zisholtz certification, # 2 Exhibit Maguire
certification)(Bain, David) Please visit our website at
http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered:
02/04/2009) |
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02/05/2009 |
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ENTERED IN ERROR - Notification of Docket Correction re 43 Amended
Complaint. Attachment #1 is an incorrect PDF which will be refiled by counsel. (dr)
Modified on 2/5/2009 (dr). (Entered: 02/05/2009) |
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02/05/2009 |
APPLICATION for Admission of
Elizabeth Berney Pro Hac
Vice (Application fee $ 150, receipt number 113E0000000002018240)by Michael Maguire, Martin Zisholtz.
(Bain, David) (Entered: 02/05/2009) |
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02/09/2009 |
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APPROVAL by Clerks Office re: 44 APPLICATION for
Admission of Elizabeth Berney Pro Hac Vice (Application fee $ 150, receipt number
113E0000000002018240). Attorney Elizabeth Berney
added appearing on behalf of Michael Maguire, Martin Zisholtz
(cdg) (Entered: 02/09/2009) |
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02/11/2009 |
ORDER granting 44 Application for
Admission Pro Hac Vice for Elizabeth Berney. Signed by Judge Thomas W. Thrash, Jr on 2/10/09. (dr) (Entered:
02/11/2009) |
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02/24/2009 |
MOTION to Dismiss the Second
Amended Complaint for Failure to State a Claim Upon Which Relief Can Be
Granted with Brief In Support by SunTrust Banks, Inc., SunTrust Robinson
Humphrey, Inc.. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C Part I
of II, # 5
Exhibit C Part II of II)(Polk, Steven) (Entered: 02/24/2009) |
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03/19/2009 |
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ORDER denying as moot 7 Motion to Dismiss
Martin Zisholtz. Signed by Judge Thomas W. Thrash, Jr on 3/19/08. (TWT) (Entered: 03/19/2009) |
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03/26/2009 |
RESPONSE in Opposition re 46 MOTION to
Dismiss the Second Amended Complaint for Failure to State a Claim Upon
Which Relief Can Be Granted filed by Michael Maguire, Martin Zisholtz. (Bain, David) (Entered: 03/26/2009) |
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04/01/2009 |
NOTICE by SunTrust Banks, Inc.,
SunTrust Robinson Humphrey, Inc. of Withdrawal of Counsel (Polk,
Steven) (Entered: 04/01/2009) |
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04/10/2009 |
REPLY to Response to Motion re 46 MOTION to
Dismiss the Second Amended Complaint for Failure to State a Claim Upon
Which Relief Can Be Granted filed by SunTrust Banks, Inc., SunTrust
Robinson Humphrey, Inc.. (Polk, Steven) (Entered:
04/10/2009) |
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04/10/2009 |
NOTICE by SunTrust Banks, Inc.,
SunTrust Robinson Humphrey, Inc. of Supplemental Authority
(Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C)(Polk, Steven) (Entered: 04/10/2009) |
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04/16/2009 |
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Submission of 46 MOTION to Dismiss
the Second Amended Complaint for Failure to State a Claim Upon Which
Relief Can Be Granted, 37 MOTION to
Dismiss the Amended Complaint for Failure to State a Claim Upon Which
Relief Can Be Granted, submitted to District Judge Thomas W. Thrash. (dr) (Entered: 04/16/2009) |
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06/26/2009 |
Request for Leave of Absence for
the following date(s): July 27-31, August 24, 25, 28, 2009,
by David Andrew Bain. (Bain, David) (Entered: 06/26/2009) |
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06/29/2009 |
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Clerks Notation re 51 Leave of Absence
July 27-31, August 24, 25, 28, 2009, by David Andrew Bain. The Court will not
require an appearance by D. Bain on these dates. (ss)
(Entered: 06/29/2009) |
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09/24/2009 |
ORDER denying 34 Motion for
Discovery, granting 37
Motion to Dismiss, granting 46 Motion to
Dismiss. Signed by Judge Thomas W. Thrash, Jr on
9/24/09. (dr) (Entered: 09/25/2009) |
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09/24/2009 |
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Civil Case Terminated. (dr) (Entered: 09/25/2009) |
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09/25/2009 |
CLERK'S JUDGMENT dismissing case.
(dr)--Please refer to http://www.ca11.uscourts.gov
to obtain an appeals jurisdiction checklist-- (Entered: 09/25/2009) |
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10/27/2009 |
MOTION for Sanctions Pursuant
to 15 U.S.C. § 78u-4(c) with Brief In Support by SunTrust Banks, Inc.,
SunTrust Robinson Humphrey, Inc.. (Attachments: # 1 Brief, # 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)(Polk, Steven) (Entered: 10/27/2009) |
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11/13/2009 |
MOTION for Leave to File Excess
Pages by Michael Maguire, Martin Zisholtz.
(Attachments: # 1
Text of Proposed Order)(Bain, David) (Entered: 11/13/2009) |
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11/13/2009 |
RESPONSE in Opposition re 54 MOTION for
Sanctions Pursuant to 15 U.S.C. § 78u-4(c) MOTION for Sanctions Pursuant
to 15 U.S.C. § 78u-4(c) filed by Michael Maguire, Martin Zisholtz. (Attachments: # 1 Exhibit Order -
Amalgamated Bank v. The Coca-Cola Co., # 2 Exhibit Order -
In re Miller Indus., Inc. Sec. Litig.)(Bain, David)
(Entered: 11/13/2009) |
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11/17/2009 |
ORDER granting 55 Motion for Leave
to File Excess Pages. Signed by Judge Thomas W. Thrash, Jr
on 11/16/09. (dr) (Entered: 11/17/2009) |
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12/03/2009 |
MOTION for Order to Substitute
Redacted Account Statements with Brief In Support by SunTrust Banks,
Inc., SunTrust Robinson Humphrey, Inc..
(Attachments: # 1
Brief, # 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
Text of Proposed Order)(Polk, Steven) (Entered: 12/03/2009) |
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12/03/2009 |
REPLY BRIEF re 54 MOTION for
Sanctions Pursuant to 15 U.S.C. § 78u-4(c) MOTION for Sanctions Pursuant
to 15 U.S.C. § 78u-4(c) filed by SunTrust Banks, Inc., SunTrust Robinson
Humphrey, Inc.. (Polk, Steven) (Entered: 12/03/2009) |
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12/10/2009 |
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Submission of 54 MOTION for
Sanctions Pursuant to 15 U.S.C. § 78u-4(c) MOTION for Sanctions Pursuant
to 15 U.S.C. § 78u-4(c), submitted to District Judge Thomas W. Thrash. (dr) (Entered: 12/10/2009) |
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12/22/2009 |
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Submission of 58 MOTION for Order
to Substitute Redacted Account Statements, submitted to District Judge
Thomas W. Thrash. (dr) (Entered: 12/22/2009) |
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01/04/2010 |
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ORDER granting 58 Motion for Order
to Substitute Redacted Account Statements. Signed by Judge Thomas W. Thrash, Jr on 1/4/10. (TWT) (Entered: 01/04/2010) |
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05/14/2010 |
ORDER denying 54 Motion for
Sanctions. Signed by Judge Thomas W. Thrash, Jr on
5/14/10. (dr) (Entered: 05/17/2010) |
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