US District Court Civil Docket as of 05/17/2010

Retrieved from the court on May 25, 2010

U.S. District Court
 Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:08-cv-00933-PAC


IN RE SUNOPTA INC. SECURITIES LITIGATION
Assigned to: Judge Paul A. Crotty
Member cases:

    1:08-cv-01070-PAC

    1:08-cv-01313-PAC

    1:08-cv-01313-PAC

    1:08-cv-01496-PAC

    1:08-cv-01844-PAC

    1:08-cv-02034-PAC

    1:08-cv-02910-PAC

 

Related Cases: 

1:08-cv-01313-PAC

 

1:08-cv-01070-PAC

 

1:08-cv-01496-PAC

 

1:08-cv-02910-PAC

 

1:08-cv-01844-PAC

 

1:08-cv-02034-PAC

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


Date Filed: 01/28/2008
Date Terminated: 05/17/2010
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Lead Plaintiff

 

Western Washington Laborers-Employers Pension Trust

represented by

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

Ellen Anne Gusikoff Stewart
Robbins Geller Rudman & Dowd LLP (San Diego)
655 West Broadway
Suite 1900
San Diego , CA 92101
(212)661-1100
Fax: (619)-231-7423
Email: elleng@rgrdlaw.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Samuel Howard Rudman
Robbins Geller Rudman & Dowd LLP(LI)
58 South Service Road
Suite 200
Melville , NY 11747
(631) 367-7100
Fax: (631) 367-1173
Email: srudman@csgrr.com
ATTORNEY TO BE NOTICED

 

 

 

Lead Plaintiff

 

 

Operating Engineers Construction Industry and Miscellaneous Pension Fund

represented by

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

Ellen Anne Gusikoff Stewart
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Samuel Howard Rudman
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Troy Arden Juliar
individually

represented by

Eric J. O'Bell
Law Offices of Eric J. O'Bell, LLC
3500 Noth Hullen Street
Metairie , LA 70002
(504) 456-8677
Fax: (504) 456-8624
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kim Elaine Miller
Kahn Swick & Foti, LLC
500 5th Avenue
Suite 1810
New York , NY 10110
(212) 696-3730
Fax: (504) 455-1498
Email: kim.miller@ksfcounsel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lewis Stephen Kahn
Kahn Swick & Foti, LLC
650 Poydras St.
Suite 2150
New Orleans , LA 70130
(504) 455-1400
Fax: (504) 455-1498
Email: lewis.kahn@ksfcounsel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Troy Arden Juliar
on behalf of all similarly situated

represented by

Eric J. O'Bell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kim Elaine Miller
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lewis Stephen Kahn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Consolidated Plaintiff

 

 

Robert Knox
Individually and on behalf of all others similarly situated

represented by

Arthur L. Shingler , III
Spector, Roseman & Kodroff
Suite 1500
600 B Street
San Deigo , CA 92101
(619) 233-4565
Fax: (619) 233-0508
Email: ashingler@scott-scott.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David R. Scott
Scott & Scott, LLC(CT)
156 South Main Street
P.O.Box 192
Colchester , CT 06415
(860)537-5537
Fax: (860)537-4432
Email: drscott@scott-scott.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Consolidated Plaintiff

 

 

Marie Lorenzato
Individually and On Behalf of All Others Similarly Situated

represented by

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

Mario Alba , Jr
Robbins Geller Rudman & Dowd LLP(LI)
58 South Service Road
Suite 200
Melville , NY 11747
631-367-7100
Fax: 631-367-1173
Email: malba@rgrdlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Consolidated Plaintiff

 

 

Roger Davidson
On behalf of himself individually and all others similarly situated

represented by

Frederic Scott Fox , Sr
Kaplan Fox & Kilsheimer LLP (NYC)
850 Third Avenue
14th Floor
New York , NY 10022
(212) 687-1980
Fax: (212) 687-7714
Email: ffox@kaplanfox.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey Philip Campisi
Kaplan Fox & Kilsheimer LLP (NYC)
850 Third Avenue
14th Floor
New York , NY 10022
212-687-1980
Fax: 212-687-1980
Email: jcampisi@kaplanfox.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Consolidated Plaintiff

 

 

Albert Halegoua
Individually and On Behalf of All Others Similarly Situated

represented by

Curtis Victor Trinko
Law Offices of Curtis V. Trinko, LLP
16 West 46th Street, Seventh Floor
New York , NY 10036
212-490-9550
Fax: 212-986-0158
Email: ctrinko@trinko.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Consolidated Plaintiff

 

 

Stephen Strugala
individually

represented by

Evan J. Smith
Brodsky & Smith, L.L.C.
240 Mineola Blvd.
Mineola , NY 11501

(516) 741-4977
Fax: (516) 741-0626
Email: esmith@brodsky-smith.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Consolidated Plaintiff

 

 

Stephen Strugala
on behalf of all others similarly situated

represented by

Evan J. Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Consolidated Plaintiff

 

 

Ray Foster
Individually and On Behalf of All Others Similarly Situated

represented by

Gregory Bradley Linkh
Murray, Frank & Sailer, LLP
275 Madison Avenue, Ste. 801
New York , NY 10016
(212) 682-1818
Fax: (212) 682-1892
Email: glinkh@murrayfrank.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Sunopta Inc.

represented by

Jayant W. Tambe
Jones Day (NYC)
222 East 41st Street
New York , NY 10017
212-326-3704
Fax: 212-755-7306
Email: jtambe@jonesday.com
ATTORNEY TO BE NOTICED

Michael J. McConnell
Jones Day(GA)
1420 Peachtree Street, Suite 800
Atlanta , GA 30309
404-581-8526
PRO HAC VICE
ATTORNEY TO BE NOTICED

William J. Hine
Jones Day (NYC)
222 East 41st Street
New York , NY 10017
212-326-3684
Fax: 212-755-7306
Email: wjhine@jonesday.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Steven Bromley

represented by

Jayant W. Tambe
(See above for address)
TERMINATED: 02/18/2009

William J. Hine
(See above for address)
TERMINATED: 02/18/2009

 

 

 

Defendant

 

 

John H. Dietrich

represented by

Torello H. Calvani
O'Melveny & Myers LLP
7 Times Square
New York , NY 10036
(212) 326 2196
Fax: (212) 326 2061
Email: tcalvani@omm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Joseph Sushon
O'Melveny & Myers, LLP(NYC)
7 Times Square
New York , NY 10036
212 728-5693
Fax: 212 218 9693
Email: wsushon@omm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jayant W. Tambe
(See above for address)
TERMINATED: 02/18/2009

William J. Hine
(See above for address)
TERMINATED: 02/18/2009

 

 

 

Defendant

 

 

Stephen R. Bronfman

represented by

Jayant W. Tambe
(See above for address)
ATTORNEY TO BE NOTICED

Michael J. McConnell
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

William J. Hine
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Organic Industries Inc.

 

 

 

 

 

Defendant

 

 

Cleugh's Frozen Foods, Inc.

 

 

 

 

 

Defendant

 

 

Pacific Fruit Processors, Inc.

 

 

 

 

 

Defendant

 

 

Jeremy Kendall

represented by

Michael J. McConnell
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Joseph Riz

represented by

Michael J. McConnell
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Christopher Snowden

represented by

Michael J. McConnell
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Sergio Varela

represented by

Michael J. McConnell
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Organic Ingredients, Inc.

 

 

 

 

 

Movant

 

 

SunOpta Investors Group

represented by

Kim Elaine Miller
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Melissa Ryan Clark
Kahn Swick & Foti, LLC
500 5th Avenue
Suite 1810

New York , NY 10110

(212) 696-3733
Fax: (504) 455-1498
Email: melissa.clark@kgscounsel.com
ATTORNEY TO BE NOTICED

 

 

 

Movant

 

 

The Reck Group

represented by

Evan J. Smith
Brodsky & Smith, L.L.C.
240 Mineola Blvd.
Mineola , NY 11501

516-741-4977
Email: esmith@brodsky-smith.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

ADR Provider

 

 

Western Washington Laborers-Employers Pension Trust

 

 

 

 

 

 

Date Filed

#

Docket Text

01/28/2008

1 

COMPLAINT against Sunopta Inc., Steven Bromley, John H. Dietrich, Stephen R. Bronfman. (Filing Fee $ 350.00, Receipt Number 639862)Document filed by Troy Arden Juliar(individually), Troy Arden Juliar(on behalf of all similarly situated).(mbe) (Additional attachment(s) added on 2/4/2008: # 1 Supplement) (jpo). (Entered: 01/30/2008)

01/28/2008

 

SUMMONS ISSUED as to Sunopta Inc., Steven Bromley, John H. Dietrich, Stephen R. Bronfman. (mbe) (Entered: 01/30/2008)

01/28/2008

 

Magistrate Judge Theodore H. Katz is so designated. (mbe) (Entered: 01/30/2008)

01/28/2008

 

Case Designated ECF. (mbe) (Entered: 01/30/2008)

03/06/2008

2 

AFFIDAVIT OF SERVICE of Summons and Complaint,. Sunopta Inc. served on 2/19/2008, answer due 3/10/2008. Service was accepted by Beth McGillivary, Executive Assistant. Document filed by Troy Arden Juliar(on behalf of all similarly situated). (Miller, Kim) (Entered: 03/06/2008)

03/06/2008

3 

AFFIDAVIT OF SERVICE of Summons and Complaint,. Steven Bromley served on 2/19/2008, answer due 3/10/2008. Service was accepted by Beth McGillivary, Executive Assistant. Document filed by Troy Arden Juliar(on behalf of all similarly situated). (Miller, Kim) (Entered: 03/06/2008)

03/06/2008

4 

AFFIDAVIT OF SERVICE of Summons and Complaint,. Stephen R. Bronfman served on 2/19/2008, answer due 3/10/2008. Service was accepted by Beth McGillivary, Executive Assistant. Document filed by Troy Arden Juliar(on behalf of all similarly situated). (Miller, Kim) (Entered: 03/06/2008)

03/06/2008

5 

AFFIDAVIT OF SERVICE of Summons and Complaint,. John H. Dietrich served on 2/19/2008, answer due 3/10/2008. Service was accepted by Beth McGillivary, Executive Assistant. Document filed by Troy Arden Juliar(on behalf of all similarly situated). (Miller, Kim) (Entered: 03/06/2008)

03/06/2008

6 

STIPULATION AND ORDER: that after the Court enters an Order Consolidating this action with any related securities class action and appointing lead plaintiff and lead plaintiff's counsel, Defendants' counsel will confer with the court-appointed lead counsel regarding the schedule for the filing of a consolidated amended complaint and for the filing of Defendants' response to the complaint. Defendants will not be required to answer, move, otherwise respond to the complaint filed on or about 1/28/08 in this action. By entering into this Stipulation, that parties have not waived and retain all claims, defenses and arguments, whether procedural, substantive or otherwise (including any defenses Defendants may have as to lack of personal jurisdiction or improper service), and this Stipulation is without prejudice to any party's right to challenge any such claims, defenses or arguments. This Order is entered without prejudice to the rights of any party to apply for a modification of this Order for good cause. (Signed by Judge Paul A. Crotty on 3/5/08) (tro) (Entered: 03/06/2008)

03/07/2008

7 

NOTICE OF APPEARANCE by Jayant W. Tambe on behalf of Sunopta Inc., Steven Bromley, John H. Dietrich, Stephen R. Bronfman (Tambe, Jayant) (Entered: 03/07/2008)

03/07/2008

8 

NOTICE OF APPEARANCE by William J. Hine on behalf of Sunopta Inc., Steven Bromley, John H. Dietrich, Stephen R. Bronfman (Hine, William) (Entered: 03/07/2008)

03/25/2008

9 

ENDORSED LETTER addressed to Judge Paul A. Crotty from David A. Rosenfeld dated 3/24/2008 re: Counsel for plaintiff respectfully request leave from your Honor's Individual Practice Rules 3.A & C requiring a pre-motion conference because we do not yet know which (if any) other putative class members intend to file lead plaintiff motions. ENDORSEMENT: Application GRANTED: All counsel in : 08-cv-00933, 08-cv-01313, 08-cv-01070, 08-cv-01496, 08-cv-01844, 08-cv-02034 are authorized to file whatever lead counsel motions they wish. So Ordered. (Signed by Judge Paul A. Crotty on 3/25/2008) (jmi) (Entered: 03/25/2008)

03/28/2008

10 

MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. Document filed by SunOpta Investors Group. (Attachments: # 1 Text of Proposed Order)(Miller, Kim) (Entered: 03/28/2008)

03/28/2008

11 

MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel.. Document filed by SunOpta Investors Group. (Miller, Kim) (Entered: 03/28/2008)

03/28/2008

12 

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Kim E. Miller in Support re: 10 MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel.. Document filed by SunOpta Investors Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Miller, Kim) Modified on 3/31/2008 (jar). (Entered: 03/28/2008)

03/28/2008

13 

MOTION to Consolidate Cases 1:08-cv-01070, 1:08-cv-01313, 1:08-cv-01496, 1:08-cv-01844, 1:08-cv-02034, 1:08-cv-02910 and appoint lead plaintiff and lead and liaison counsel. Document filed by The Reck Group. (Attachments: # 1 Text of Proposed Order)(Smith, Evan) (Entered: 03/28/2008)

03/28/2008

14 

MEMORANDUM OF LAW in Support re: 13 MOTION to Consolidate Cases 1:08-cv-01070, 1:08-cv-01313, 1:08-cv-01496, 1:08-cv-01844, 1:08-cv-02034, 1:08-cv-02910 and appoint lead plaintiff and lead and liaison counsel.. Document filed by The Reck Group. (Smith, Evan) (Entered: 03/28/2008)

03/28/2008

15 

CERTIFICATE OF SERVICE of notice of motion to consolidate and appoint lead plaintiff and lead and liaison counsel, supporting memorandum, supporting declaration and attached exhibits, proposed order and proof of service served on all counsel of record on 03-28-08. Service was made by ECF and mail. Document filed by The Reck Group. (Smith, Evan) (Entered: 03/28/2008)

03/28/2008

16 

DECLARATION of Evan Smith, Esquire in Support re: 13 MOTION to Consolidate Cases 1:08-cv-01070, 1:08-cv-01313, 1:08-cv-01496, 1:08-cv-01844, 1:08-cv-02034, 1:08-cv-02910 and appoint lead plaintiff and lead and liaison counsel.. Document filed by The Reck Group. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F)(Smith, Evan) (Entered: 03/28/2008)

03/28/2008

17 

MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection of Lead Counsel. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund.(Rosenfeld, David) (Entered: 03/28/2008)

03/28/2008

18 

MEMORANDUM OF LAW in Support re: 17 MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rosenfeld, David) (Entered: 03/28/2008)

03/28/2008

19 

DECLARATION of David A. Rosenfeld in Support re: 17 MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit A (certifications), # 2 Exhibit B (loss chart), # 3 Exhibit C (wire), # 4 Exhibit D (resume))(Rosenfeld, David) (Entered: 03/28/2008)

03/31/2008

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kim Miller to RE-FILE Document 12 Declaration in Support of Motion. ERROR(S): Each Declaration in Support must be filed individually. (jar) (Entered: 03/31/2008)

04/09/2008

20 

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of Withdrawal of Motion re: 13 MOTION to Consolidate Cases 1:08-cv-01070, 1:08-cv-01313, 1:08-cv-01496, 1:08-cv-01844, 1:08-cv-02034, 1:08-cv-02910 and appoint lead plaintiff and lead and liaison counsel. 14 Memorandum of Law in Support of Motion, 15 Certificate of Service Other, 16 Declaration in Support of Motion,. Document filed by The Reck Group. (Attachments: # 1 Proof of Mailing)(Smith, Evan) Modified on 4/10/2008 (db). (Entered: 04/09/2008)

04/10/2008

 

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Evan J Smith to E-MAIL Document No. 20 Withdrawal of Motion of the Reck Group to Consolidate Actions, For Appointment of Lead Plaintiff and Approval for Selection of Lead Counsel and Liaison Counsel to orders_and_judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) (Entered: 04/10/2008)

04/10/2008

21 

MEMO ENDORSED ON NOTICE OF WITHDRAWAL OF MOTION OF THE RECK GROUP TO CONSOLIDATE ACTIONS TO BE APPOINTED LEAD PLAINTIFF AND OR APPROVAL OF LEAD PLAINTIFF'S SELECTION OF LEAD COUNSEL AND LIAISON COUNSEL; ENDORSEMENT: The Clerk of Court is directed to terminate document # 13 in case number 08-cv-933. So Ordered (Signed by Judge Paul A. Crotty on 4/10/08) (js) (Entered: 04/10/2008)

04/14/2008

22 

REPLY MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel.. Document filed by SunOpta Investors Group. (Miller, Kim) (Entered: 04/14/2008)

04/14/2008

23 

MEMORANDUM OF LAW in Opposition re: 13 MOTION to Consolidate Cases 1:08-cv-01070, 1:08-cv-01313, 1:08-cv-01496, 1:08-cv-01844, 1:08-cv-02034, 1:08-cv-02910 and appoint lead plaintiff and lead and liaison counsel., 10 MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel.. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rosenfeld, David) (Entered: 04/14/2008)

04/14/2008

24 

DECLARATION of David A. Rosenfeld in Support re: 17 MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rosenfeld, David) (Entered: 04/14/2008)

04/24/2008

25 

REPLY MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel.. Document filed by SunOpta Investors Group. (Miller, Kim) (Entered: 04/24/2008)

04/24/2008

26 

DECLARATION of Kim Miller in Support re: 10 MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel.. Document filed by SunOpta Investors Group. (Attachments: # 1 Exhibit Exh A-Kotz Declaration, # 2 Exhibit Exh B-PP Lifo Documentation, # 3 Exhibit Exh C-Mages Acct, # 4 Exhibit Exh D-Notice Supp Auth and Exhibits, # 5 Exhibit Exh E - Optionable Order)(Miller, Kim) (Entered: 04/24/2008)

04/24/2008

27 

REPLY MEMORANDUM OF LAW in Support re: 17 MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rosenfeld, David) (Entered: 04/24/2008)

04/24/2008

28 

DECLARATION of David A. Rosenfeld in Support re: 17 MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rosenfeld, David) (Entered: 04/24/2008)

12/15/2008

 

Calendar Entry: Oral Argument set for 1/28/2009 at 03:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (set via e-mail by: Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 12/15/2008)

01/27/2009

29 

NOTICE OF APPEARANCE by Melissa Ryan Clark on behalf of SunOpta Investors Group (Clark, Melissa) (Entered: 01/27/2009)

01/28/2009

 

Minute Entry for proceedings held before Judge Paul A. Crotty: Oral Argument held on 1/28/2009. Remark: Oral Argument heard. The Court reserved issuing its decision. See transcript of this proceeding. re: 13 MOTION to Consolidate Cases 1:08-cv-01070, 1:08-cv-01313, 1:08-cv-01496, 1:08-cv-01844, 1:08-cv-02034, 1:08-cv-02910 and appoint lead plaintiff and lead and liaison counsel. filed by The Reck Group, 10 MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. MOTION to Appoint SunOpta Investors Group to serve as lead plaintiff(s) Consolidate all Related Actions and Approve Proposed Lead Plaintiff's Choice of Counsel. filed by SunOpta Investors Group, 17 MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o MOTION to Appoint Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund to serve as lead plaintiff(s) and Consolidate Cases and Approval of Lead Plaintiff's Selection o filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Court Reporter Kris Sellin) (mov) (Entered: 01/28/2009)

01/30/2009

30 

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED THAT: 1. Pension Funds motion is GRANTED and SIGs motion is DENIED. 2. The above-captioned actions are consolidated for all purposes (the Consolidated Action). This Order (the Order) shall apply to the Consolidated Action and to each case that relates to the same subject matter that is subsequently filed in this Court or is transferred to this Court and is consolidated with the Consolidated Action. 3. A Master File is established for this proceeding. The Master File shall be Civil Action No. 1:08-cv-00933-PAC. The Clerk shall file all pleadings in the Master File and note such filings on the Master Docket. 4. An original of this Order shall be filed by the Clerk in the Master File. 5. The Clerk shall mail a copy of this Order to counsel of record in the Consolidated Action. 6. Every pleading in the Consolidated Action shall have the following caption: IN RE SUNOPTA INC. SECURITIES LITIGATION, 1:08-cv-00933-PAC. 7. The Court requests the assistance of counsel in calling to the attention of the Clerk of this Court the filing or transfer of any case that might properly be consolidated as part of the Consolidated Action. 8. When a case that arises out of the same subject matter of the Consolidated Action is hereinafter filed in this Court or transferred from another Court, the Clerk of this Court shall: a. File a copy of this Order in the separate file for such action; b. Mail a copy of this Order to the attorneys for the plaintiff(s) in the newly filed or b. Mail a copy of this Order to the attorneys for the plaintiff(s) in the newly filed or transferred case and to any new defendant(s) in the newly-filed case; and c. Make the appropriate entry in the Master Docket for the Consolidated Action. 9. Each new case that arises out of the subject matter of the Consolidated Action which is filed in this Court or transferred to this Court, shall be consolidated with the Consolidated Action and this Order shall apply thereto, unless a party objects to consolidation, as provided for herein, or any provision of this Order, within ten (10) days after the date upon which a copy of this Order is served on counsel for such party, by filing an application for relief and where this Court deems it appropriate to grant such application. Nothing in the forgoing shall be construed as a waiver of the defendants' right to object to consolidation of any subsequently filed or transferred related action. 10. Class members Western Washington Laborers-Employers Pension Trust and Operating Engineers Construction Industry and Miscellaneous Pension Fund are appointed to serve as lead plaintiff in the above-captioned consolidated action pursuant to 15 U.S.C. 78u- 4(a)(3)(B). 11. The law firm of Coughlin Stoia Geller Rudman & Robbins LLP is hereby approved as lead counsel for the Class. 12. The Clerk of the Court is directed to terminate case numbers 08 Civ. 1070; 08 Civ. 1313; 08 Civ. 1496; 08 Civ. 1844; 08 Civ. 2034; and 08 Civ. 2910.. (Signed by Judge Paul A. Crotty on 1/30/2009) Filed In Associated Cases: 1:08-cv-00933-PAC et al.(jfe) (Entered: 01/30/2009)

02/12/2009

31 

MOTION to Substitute Attorney. Old Attorney: Jones Day, New Attorney: O'Melveny & Myers LLP. Document filed by Steven Bromley, John H. Dietrich.(Sushon, William) (Entered: 02/12/2009)

02/12/2009

32 

DECLARATION of William J. Sushon in Support re: 31 MOTION to Substitute Attorney. Old Attorney: Jones Day, New Attorney: O'Melveny & Myers LLP.. Document filed by Steven Bromley, John H. Dietrich. (Sushon, William) (Entered: 02/12/2009)

02/13/2009

33 

STIPULATION AND ORDER REGARDING A SCHEDULE FOR THE FILING OF THE CONSOLIDATED AMENDED COMPLAINT AND RELATED BRIEFING, I. The Pension Funds shall file and serve the CAC by March 31, 2009; 2. Defendants shall file and serve their response to the CAC by June 1, 2009; 3. If Defendants move to dismiss the CAC, the Pension Funds shall file and serve their opposition papers by July 31, 2009. 4. If Defendants move to dismiss the CAC, they shall file and serve their reply papers by August 31, 2009. Additional relief as set forth in this Order. (Signed by Judge Paul A. Crotty on 2/13/09) (pl) (Entered: 02/13/2009)

02/18/2009

34 

ORDER granting 31 Motion to Substitute Attorney. O'Melveny & Myers LLP shall be substituted for Jones Day as attorneys of record for Defendants Steven Bronley and John H. Dietrich. (Signed by Judge Paul A. Crotty on 2/13/09) (tro) (Entered: 02/18/2009)

02/18/2009

35 

ORDER: It is hereby ordered that O'Melveny & Myers LLP be substituted for Jones Day as attorneys of record for Defendants Steven Bromley and Jobn H. Dietrich. It is hereby ordered that the appearance of O'Melveny & Myers LLP as counsel in this case shall be entered on the Court's docket. A notation of William J. Sushon of O'Melveny & Myers LLP, located at 7 Times Square, New York, NY 10036, will be made on the roll of attorneys for the above-captioned case. (Signed by Judge Paul A. Crotty on 2/13/2009) (jpo) (Entered: 02/19/2009)

03/04/2009

36 

ENDORSED LETTER addressed to Judge Paul A. Crotty from Kristen Pollack dated 2/27/09 re: Request by Jones Day that the docket be corrected to reflect that Jones Day attorneys William J. Hine and Jayuant W. Tambe remain counsel of record for Defendants SunOpta and Bronfman. ENDORSEMENT: So ordered. (Signed by Judge Paul A. Crotty on 3/4/09) (cd) (Entered: 03/04/2009)

03/13/2009

37 

REVISED SCHEDULING ORDER: 1. Lead Plaintiffs shall file and serve the CAC by April 14, 2009; 2. Defendants shall file and serve their response to the CAC by June 15, 2009; 3. If Defendants move to dismiss the CAC, Lead Plaintiffs shall file and serve their opposition papers by August 14, 2009; and 4. If Defendants move to dismiss the CAC, they shall file and serve their reply papers by September 14, 2009. IT IS SO ORDERED. Filed In Associated Cases: 1:08-cv-00933-PAC et al.(tve) (Entered: 03/13/2009)

04/14/2009

38 

CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending 1 Complaint, against Organic Industries Inc., Cleugh's Frozen Foods, Inc., Pacific Fruit Processors, Inc., Jeremy Kendall, Joseph Riz, Christopher Snowden, Sergio Varela, Sunopta Inc., Steven Bromley, John H. Dietrich, Stephen R. Bronfman. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. Related document: 1 Complaint, filed by Troy Arden Juliar.(dle) (Entered: 04/15/2009)

04/15/2009

39 

NOTICE of Errata re: 38 Amended Complaint,,. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rudman, Samuel) (Entered: 04/15/2009)

06/03/2009

40 

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Cleugh's Frozen Foods, Inc. served on 5/12/2009, answer due 6/1/2009. Service was accepted by Theresa Marcus, Manager. Service was made by Mail. Document filed by Western Washington Laborers-Employers Pension Trust; Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rosenfeld, David) (Entered: 06/03/2009)

06/03/2009

41 

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Jeremy Kendall served on 5/12/2009, answer due 6/1/2009. Service was accepted by Susan Wiekenkamp, Executive Assistant to Jeremy Kendall. Document filed by Western Washington Laborers-Employers Pension Trust; Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rosenfeld, David) (Entered: 06/03/2009)

06/03/2009

42 

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Organic Ingredients, Inc. served on 5/12/2009, answer due 6/1/2009. Service was accepted by Gabe Reyes, Authorized Agent for Service. Document filed by Western Washington Laborers-Employers Pension Trust; Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rosenfeld, David) (Entered: 06/03/2009)

06/03/2009

43 

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Pacific Fruit Processors, Inc. served on 5/12/2009, answer due 6/1/2009. Service was accepted by William Layton, Controller / Authorized to Accept Service. Document filed by Western Washington Laborers-Employers Pension Trust; Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rosenfeld, David) (Entered: 06/03/2009)

06/03/2009

44 

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Joseph Riz served on 5/13/2009, answer due 6/2/2009. Service was accepted by Madara McJoule, Receptionist. Document filed by Western Washington Laborers-Employers Pension Trust; Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rosenfeld, David) (Entered: 06/03/2009)

06/03/2009

45 

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Sergio Varela served on 5/16/2009, answer due 6/5/2009. Service was accepted by John Doe, Co-Occupant. Service was made by Mail. Document filed by Western Washington Laborers-Employers Pension Trust; Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rosenfeld, David) (Entered: 06/03/2009)

06/08/2009

46 

ENDORSED LETTER addressed to Judge Paul A. Crotty from William J. Hine dated 6/5/2009 re: Requesting that the Court suspend the existing schedule for the briefing of defendants motion to dismiss. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 6/8/2009) (jpo) (Entered: 06/09/2009)

06/17/2009

47 

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Christopher Snowden served on 5/30/2009, answer due 6/19/2009. Service was accepted by Christopher Snowden, Personally. Document filed by Western Washington Laborers-Employers Pension Trust; Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rosenfeld, David) (Entered: 06/17/2009)

06/22/2009

48 

MOTION for Michael J. McConnell to Appear Pro Hac Vice. Document filed by Jeremy Kendall, Joseph Riz, Christopher Snowden, Sergio Varela, Sunopta Inc., Stephen R. Bronfman.(mro) (Entered: 06/22/2009)

06/24/2009

49 

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 48 Motion for Michael J. McConnell to Appear Pro Hac Vice. (Signed by Judge Paul A. Crotty on 6/24/2009) (jfe) (Entered: 06/24/2009)

06/24/2009

 

Transmission to Attorney Admissions Clerk. Transmitted re: 49 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe) (Entered: 06/24/2009)

07/01/2009

 

CASHIERS OFFICE REMARK on 48 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/22/2009, Receipt Number 691724. (jd) (Entered: 07/01/2009)

11/13/2009

50 

MOTION for Settlement Lead Plaintiffs' Notice of Unopposed Motion for Preliminary Approval of Settlement. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund.(Rudman, Samuel) (Entered: 11/13/2009)

11/13/2009

51 

MEMORANDUM OF LAW in Support re: 50 MOTION for Settlement Lead Plaintiffs' Notice of Unopposed Motion for Preliminary Approval of Settlement.. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rudman, Samuel) (Entered: 11/13/2009)

11/13/2009

52 

SETTLEMENT AGREEMENT. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (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)(Rudman, Samuel) (Entered: 11/13/2009)

11/25/2009

53 

MOTION for Ellen Gusikoff Stewart to Appear Pro Hac Vice. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund.(dle) (Entered: 12/01/2009)

12/04/2009

54 

ORDER granting 53 Motion for Ellen Gusikoff Stewart to Appear Pro Hac Vice. (Signed by Judge Paul A. Crotty on 12/4/09) (js) (Entered: 12/04/2009)

12/04/2009

 

Transmission to Attorney Admissions Clerk. Transmitted re: 54 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js) (Entered: 12/04/2009)

12/16/2009

 

CASHIERS OFFICE REMARK on 53 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/25/2009, Receipt Number 707183. (jd) (Entered: 12/16/2009)

01/04/2010

55 

NOTICE OF CHANGE OF ADDRESS by Judith S. Scolnick on behalf of Robert Knox. New Address: SCOTT+SCOTT LLP, 500 FIFTH AVE., 40TH FL, NEW YORK, NY, 10110, 212-223-6444. Filed In Associated Cases: 1:08-cv-00933-PAC, 1:08-cv-02034-PAC(Scolnick, Judith) (Entered: 01/04/2010)

01/21/2010

 

Calendar Entry: Preliminary Approval of Settlement Conference set for Tuesday, February 2, 2010 at 02:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. Requests for adjournment will be considered only if made in writing and otherwise in accordance with Judge Crotty's Individual Practices (Approved by Judge Paul A. Crotty, U.S.D.J and entered by: Marlon Ovalles Courtroom Deputy). (mov) (Entered: 01/21/2010)

02/02/2010

 

Minute Entry for proceedings held before Judge Paul A. Crotty: Preliminary Approval of Settlement Conference held on 2/2/2010. REMARK: The Court signed the Proposed Preliminary Order For Notice And Hearing In Connection With Settlement Proceedings. The Settlement Fairness Hearing is set for Monday, May 17, 2010 at 02:30 PM in Courtroom 20-C. See transcript for complete details of this proceeding. (Court Reporter Ann Hairston) (mov) (Entered: 02/02/2010)

02/02/2010

56 

ORDER: Now therefore, it is hereby ordered this 2nd day of February 2010 that The Court does hereby preliminarily approve the Stipulation and the Settlement set forth therein as being fair, reasonable and adequate to U.S. Class Members (defined in '12 below),subject to further consideration at the Settlement Fairness Hearing described in 5 below.Pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, and for the purposes of the Settlement only, this U.S. Action is hereby certified as a class action on behalf of all individuals and entities who purchased or otherwise acquired the securities of Sun Opta Inc. during the period between February 23, 2007 through January 27, 2008, inclusive (the "Class Period"),other than members of the Canadian Class and Excluded Persons (the "U.S. Class" or "U.S. Class Members"). Included within the definition of Excluded Persons and excluded from the U.S. Class are any putative U.S. Class Members who exclude themselves by filing a timely and valid request for exclusion in accordance with the requirements set forth in the Notice (defined in 7 as set forth in this order. So Ordered (Signed by Judge Paul A. Crotty on 2/2/2010) (js) (Entered: 02/03/2010)

03/24/2010

57 

NOTICE of FIRM NAME CHANGE. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Rudman, Samuel) (Entered: 03/24/2010)

04/05/2010

58 

MOTION for Settlement and Plan of Allocation of Settlement Proceeds., MOTION for Attorney Fees and Expenses. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund.(Stewart, Ellen) (Entered: 04/05/2010)

04/05/2010

59 

MEMORANDUM OF LAW in Support re: 58 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses. Settlement Memorandum. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit 1)(Stewart, Ellen) (Entered: 04/05/2010)

04/05/2010

60 

MEMORANDUM OF LAW in Support re: 58 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses. Fee Memorandum. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (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)(Stewart, Ellen) (Entered: 04/05/2010)

04/05/2010

61 

DECLARATION of Samuel H. Rudman in Support re: 58 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Stewart, Ellen) (Entered: 04/05/2010)

04/05/2010

62 

DECLARATION of Carole K. Sylvester, on Behalf of Gilardi & Co. LLC in Support re: 58 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Stewart, Ellen) (Entered: 04/05/2010)

04/05/2010

63 

DECLARATION of Ellen Gusikoff Stewart, on Behalf of Robbins Geller Rudman & Dowd LLP in Support re: 58 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit A)(Stewart, Ellen) (Entered: 04/05/2010)

05/10/2010

64 

RESPONSE in Support re: 58 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit A, Objection of Ronda Frenkel)(Stewart, Ellen) (Entered: 05/10/2010)

05/10/2010

65 

DECLARATION of Supplemental Declaration of Carole K. Sylvester re Mailing of the Notice of Pendency and Certification of Class Actions, Proposed Settlement and Settlement Approval/Fairness Hearings and the Proof of Claim and Release Form in Support re: 58 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed by Western Washington Laborers-Employers Pension Trust, Operating Engineers Construction Industry and Miscellaneous Pension Fund. (Stewart, Ellen) (Entered: 05/10/2010)

05/13/2010

 

Calendar Entry *COURTROOM CHANGE*: Settlement Fairness Hearing set for Monday, May 17, 2010 at 02:30 PM in Courtroom 9B (*NOT 20C), before Judge Paul A. Crotty, U.S.D.J (By: Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 05/13/2010)

05/17/2010

 

Minute Entry for proceedings held before Judge Paul A. Crotty: Final Settlement Approval Hearing held on 5/17/2010 re: 58 MOTION for Settlement. REMARK: See transcript for details. (Court Reporter Guido Tascione) (mov) (Entered: 05/17/2010)

05/17/2010

66 

ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS: The Court hereby finds and concludes that the Plan of Allocation set forth in the Notice is in all respects fair and reasonable and the Court hereby approves the Plan of Allocation, as set forth in this Order. (Signed by Judge Paul A. Crotty on 5/17/2010) Filed In Associated Cases: 1:08-cv-00933-PAC et al.(jpo) (Entered: 05/17/2010)

05/17/2010

67 

ORDER AWARDING LEAD PLAINTIFFS' COUNSEL'S ATTORNEYS' FEES AND EXPENSES: The Court hereby awards U.S. Lead Plaintiffs' Counsel attorneys' fees of 25% of 70% (or a total of 17.5%) of the Gross Settlement Fund, plus interest thereon as defined in the Stipulation, plus litigation expenses in the amount of $106,368.48, together with the interest earned thereon for the same time period and at the same rate as that earned on the Gross Settlement Fund until paid. The Court finds that the amount of fees awarded is fair and reasonable under the "percentage-of-recovery" method. (Signed by Judge Paul A. Crotty on 5/17/2010) Filed In Associated Cases: 1:08-cv-00933-PAC et al.(jpo) (Entered: 05/17/2010)

05/17/2010

68 

FINAL JUDGMENT AND ORDER settling action. (Signed by Judge Paul A. Crotty on 5/17/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:08-cv-00933-PAC et al.(ml) (Entered: 05/18/2010)

 

 

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