CLOSED

U.S. District Court
District of Delaware (Wilmington)
CIVIL DOCKET FOR CASE #: 1:08-cv-00578-JJF

Norfolk County Retirement System v. Harris Stratex Networks Inc. et al
Assigned to: Judge Joseph J. Farnan, Jr.

Related Cases:	1:08-cv-00755-JJF
	1:08-cv-00815-JJF

Cause: 15:77 Securities Fraud

Date Filed: 09/15/2008
Date Terminated: 12/04/2008
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

Plaintiff
Norfolk County Retirement System Individually and on Behalf of all Others Similarly Situated TERMINATED: 12/04/2008	represented by	David L. Finger Finger, Slanina & Liebesman, LLC One Commerce Center 1201 N. Orange Street, 7th floor Wilmington , DE 19801-1186 (302) 573-2525 Fax: (302) 573-2524 Email: dfinger@delawgroup.com TERMINATED: 12/04/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Defendant
Harris Stratex Networks Inc.	represented by	Thomas P. Preston Blank Rome LLP 1201 North Market Street Suite 800 Wilmington , DE 19801-4226 (302) 425-6400 Email: preston-t@blankrome.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Dale Barnes Email: dale.barnes@bingham.com PRO HAC VICE ATTORNEY TO BE NOTICED John D. Pernick Email: john.pernick@bingham.com PRO HAC VICE ATTORNEY TO BE NOTICED
Defendant
Guy M. Campbell	represented by	Thomas P. Preston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Harald J. Braun	represented by	Thomas P. Preston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Sarah A. Dudash	represented by	Thomas P. Preston (See above for address) LEAD ATTORNEY
Defendant
Lance L. Howard	represented by	Thomas P. Preston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Scott T. Mikuen	represented by	Thomas P. Preston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Globis Capital Partners, L.P. TERMINATED: 11/17/2008	represented by	Norman M. Monhait Rosenthal Monhait & Goddess, P.A. Citizens Bank Center, Suite 1401 P.O. Box 1070 Wilmington , DE 19899-1070 (302) 656-4433 Email: nmonhait@rmgglaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Duluth Teachers' Retirement Fund Association	represented by	Matthew F. Lintner Morris James LLP 500 Delaware Avenue, Suite 1500 P.O. Box 2306 Wilmington , DE 19899-2306 (302) 888-6800 Email: mlintner@morrisjames.com ATTORNEY TO BE NOTICED
Movant
Rudman Investors	represented by	Joel E. Friedlander Bouchard, Margules & Friedlander, P.A. 222 Delaware Avenue Suite 1400 Wilmington , DE 19801 (302) 573-3500 Email: jfriedlander@bmf-law.com ATTORNEY TO BE NOTICED Sean M. Brennecke Bouchard, Margules & Friedlander, P.A. 222 Delaware Avenue Suite 1400 Wilmington , DE 19801 (302)573-3505 Fax: (302)573-3501 Email: sbrennecke@bmf-law.com ATTORNEY TO BE NOTICED
Movant
City of Tallahassee Retirement System	represented by	Laina M. Herbert Prickett, Jones & Elliott, P.A. 1310 King St. P.O. Box 1328 Wilmington , DE 19899 (302)888-6547 Email: lmherbert@prickett.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
09/15/2008	1	COMPLAINT filed with Jury Demand against Harris Stratex Networks Inc., Guy M. Campbell, Harald J. Braun, Sarah A. Dudash, Lance L. Howard, Scott T. Mikuen - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 153487.) - filed by Norfolk County Retirement System. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Acknowledgement of Consent Form)(ksr) (Entered: 09/16/2008)
09/15/2008	2	Notice of Availability of a U.S. Magistrate Judge to Exercise Jurisdiction (ksr) (Entered: 09/16/2008)
09/16/2008		Summons Issued as to Harris Stratex Networks Inc. on 9/15/2008; Guy M. Campbell on 9/15/2008; Harald J. Braun on 9/15/2008; Sarah A. Dudash on 9/15/2008; Lance L. Howard on 9/15/2008; Scott T. Mikuen on 9/15/2008. (ksr) (Entered: 09/16/2008)
09/19/2008	3	Return of Service Executed by Norfolk County Retirement System. Harris Stratex Networks Inc. served on 9/15/2008, answer due 10/6/2008. (Finger, David) (Entered: 09/19/2008)
09/19/2008	4	Return of Service Executed by Norfolk County Retirement System. Guy M. Campbell served on 9/15/2008, answer due 10/6/2008. (Finger, David) (Entered: 09/19/2008)
09/19/2008	5	Return of Service Executed by Norfolk County Retirement System. Harald J. Braun served on 9/15/2008, answer due 10/6/2008. (Finger, David) (Entered: 09/19/2008)
09/19/2008	6	Return of Service Executed by Norfolk County Retirement System. Sarah A. Dudash served on 9/15/2008, answer due 10/6/2008. (Finger, David) (Entered: 09/19/2008)
09/19/2008	7	Return of Service Executed by Norfolk County Retirement System. Lance L. Howard served on 9/15/2008, answer due 10/6/2008. (Finger, David) (Entered: 09/19/2008)
09/19/2008	8	Return of Service Executed by Norfolk County Retirement System. Scott T. Mikuen served on 9/15/2008, answer due 10/6/2008. (Finger, David) (Entered: 09/19/2008)
09/24/2008		Case assigned to Judge Joseph J. Farnan, Jr. Please include the initials of the Judge (JJF) after the case number on all documents filed. (rjb) (Entered: 09/24/2008)
10/13/2008	9	NOTICE of Appearance by Thomas P. Preston on behalf of all defendants (Preston, Thomas) (Entered: 10/13/2008)
10/13/2008	10	PROPOSED ORDER to extend time for filing Amended Complaint and to Respond to the Complaint re 1 Complaint, Stipulated Between the Parties by Harris Stratex Networks Inc., Guy M. Campbell, Harald J. Braun, Sarah A. Dudash, Lance L. Howard, Scott T. Mikuen. (Preston, Thomas) (Entered: 10/13/2008)
10/17/2008		SO ORDERED, re 10 Stipulation and Proposed Order Extending Time for filing Amended Complaint and to Respond to the Complaint, filed by Scott T. Mikuen, Harris Stratex Networks Inc., Sarah A. Dudash, Guy M. Campbell, Lance L. Howard, Harald J. Braun. Signed by Judge Joseph J. Farnan, Jr. on 10/17/2008. (nms) (Entered: 10/21/2008)
10/31/2008	11	MOTION for Pro Hac Vice Appearance of Attorney John D. Pernick - filed by Harris Stratex Networks Inc., Guy M. Campbell, Harald J. Braun, Sarah A. Dudash, Lance L. Howard, Scott T. Mikuen. (Attachments: # 1 Text of Proposed Order Proposed Order for Motion for Admission Pro Hac Vice of John D. Pernick, # 2 Exhibit Certification of John D. Pernick for Motion Pro Hac Vice)(Preston, Thomas) (Entered: 10/31/2008)
10/31/2008	12	MOTION for Pro Hac Vice Appearance of Attorney Dale Barnes - filed by Harris Stratex Networks Inc., Guy M. Campbell, Harald J. Braun, Sarah A. Dudash, Lance L. Howard, Scott T. Mikuen. (Attachments: # 1 Text of Proposed Order Proposed Order for Motion for Admission Pro Hac Vice of Dale Barnes, # 2 Exhibit Certification of Dale Barnes for Motion Pro Hac Vice)(Preston, Thomas) (Entered: 10/31/2008)
11/03/2008		SO ORDERED, re 11 MOTION for Pro Hac Vice Appearance of Attorney John D. Pernick filed by Scott T. Mikuen, Harris Stratex Networks Inc., Sarah A. Dudash, Guy M. Campbell, Lance L. Howard, Harald J. Braun. Signed by Judge Joseph J. Farnan, Jr. on 11/3/2008. (nms) (Entered: 11/03/2008)
11/03/2008		SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Dale Barnes filed by Scott T. Mikuen, Harris Stratex Networks Inc., Sarah A. Dudash, Guy M. Campbell, Lance L. Howard, Harald J. Braun. Signed by Judge Joseph J. Farnan, Jr. on 11/3/2008. (nms) (Entered: 11/03/2008)
11/14/2008	13	MOTION to Consolidate Cases, Appointment as Lead Plaintiff and Approval of its Selected Counsel - filed by Globis Capital Partners, L.P.. (Attachments: # 1 Text of Proposed Order)(Monhait, Norman) Modified on 11/17/2008 (nms). (Entered: 11/14/2008)
11/14/2008	14	MEMORANDUM in Support re 13 MOTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of its Selected Counsel together with Rule 7.1.1 Statement MOTION consolidation; appointment as lead counsel filed by Globis Capital Partners, L.P..Answering Brief/Response due date per Local Rules is 12/5/2008. (Monhait, Norman) (Entered: 11/14/2008)
11/14/2008	15	DECLARATION re (15 in 1:08-cv-00755-JJF, 15 in 1:08-cv-00755-JJF, 11 in 1:08-cv-00815-JJF, 11 in 1:08-cv-00815-JJF, 13 in 1:08-cv-00578-JJF, 13 in 1:08-cv-00578-JJF) MOTION to Consolidate Cases MOTION consolidation; appointment as lead counsel, (14 in 1:08-cv-00578-JJF) MEMORANDUM in Support, (12 in 1:08-cv-00815-JJF) MEMORANDUM in Support, (16 in 1:08-cv-00755-JJF) MEMORANDUM in Support of Gregory M. Egleston in Support of Globis Capital Partners, L.P.'s Motion for Consolidation of the Related Actions, Appointment as Lead Plaintiff and Approval of its Selection of Counsel by Globis Capital Partners, L.P.. (Attachments: # 1 Exhibit A through E to Declaration of Gregory M. Egleston)(Monhait, Norman) (Entered: 11/14/2008)
11/14/2008	16	MOTION to Consolidate Cases Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel - filed by City of Tallahasee Retirement System. (Attachments: # 1 Notice of Motion, # 2 Text of Proposed Order)(Herbert, Laina) Modified on 12/5/2008 (dlk). (Entered: 11/14/2008)
11/14/2008	17	DECLARATION re 16 MOTION to Consolidate Cases, to Appointed Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel by Karen Dutton. (Attachments: # 1 Exhibit A through E)(Herbert, Laina) Modified on 11/17/2008 (nms, ). (Entered: 11/14/2008)
11/14/2008	18	OPENING BRIEF in Support re 16 MOTION to Consolidate Cases Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel filed by Karen Dutton.Answering Brief/Response due date per Local Rules is 12/5/2008. (Herbert, Laina) (Entered: 11/14/2008)
11/14/2008	19	MOTION to Appoint Counsel /MOTION OF NORFOLK COUNTY RETIREMENT SYSTEM FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL - filed by Norfolk County Retirement System. (Attachments: # 1 Text of Proposed Order, # 2 Certification Pursuant to Local Rule 7.1.1)(Finger, David) (Entered: 11/14/2008)
11/14/2008	20	OPENING BRIEF in Support re 19 MOTION to Appoint Counsel /MOTION OF NORFOLK COUNTY RETIREMENT SYSTEM FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL filed by Norfolk County Retirement System.Answering Brief/Response due date per Local Rules is 12/5/2008. (Attachments: # 1 Declaration of Alan I. Ellman, # 2 Exhibit A to Declaration of Alan I. Ellman, # 3 Exhibit B to Declaration of Alan I. Ellman, # 4 Exhibit C to Declaration of Alan I. Ellman, # 5 Certificate of Compliance D to Declaration of Alan I. Ellman, # 6 Exhibit E to Declaration of Alan I. Ellman)(Finger, David) (Entered: 11/14/2008)
11/14/2008	21	MOTION to Consolidate Cases, MOTION to Appoint Counsel, MOTION to Appoint Duluth Teachers' Retirement Fund Association as Lead Plaintiff - filed by Duluth Teachers' Retirement Fund Association. (Attachments: # 1 Text of Proposed Order)(Lintner, Matthew) (Entered: 11/14/2008)
11/14/2008	22	NOTICE OF MOTION by Duluth Teachers' Retirement Fund Association re 21 MOTION to Consolidate Cases, Appoint Duluth Teachers' Retirement Fund Association as Lead Plaintiff ; Requesting the following Motion Day: December 19, 2008 (Lintner, Matthew) Modified on 11/17/2008 (nms). (Entered: 11/14/2008)
11/14/2008	23	NOTICE OF MOTION by Norfolk County Retirement System re 19 MOTION to Appoint Counsel /MOTION OF NORFOLK COUNTY RETIREMENT SYSTEM FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL ; Requesting the following Motion Day: December 19, 2008 (Finger, David) (Entered: 11/14/2008)
11/14/2008	24	OPENING BRIEF in Support re 21 MOTION to Consolidate Cases MOTION to Appoint Counsel MOTION to Appoint Duluth Teachers' Retirement Fund Association as Lead Plaintiff filed by Duluth Teachers' Retirement Fund Association.Answering Brief/Response due date per Local Rules is 12/5/2008. (Lintner, Matthew) (Entered: 11/14/2008)
11/14/2008	25	AFFIDAVIT of Matthew F. Lintner re 21 MOTION to Consolidate Cases, Appoint Duluth Teachers' Retirement Fund Association as Lead Plaintiff filed by Duluth Teachers' Retirement Fund Association. (Lintner, Matthew) Modified on 11/17/2008 (nms). (Entered: 11/14/2008)
11/14/2008	26	MOTION to Consolidate Cases , Appointment as Lead Plaintiffs and for Approval of Selection of Counsel - filed by Rudman Investors. (Attachments: # 1 Exhibit A (Proposed Order))(Friedlander, Joel) (Entered: 11/14/2008)
11/14/2008	27	NOTICE OF MOTION by Rudman Investors re 26 MOTION to Consolidate Cases , Appointment as Lead Plaintiffs and for Approval of Selection of Counsel ; (Friedlander, Joel) (Entered: 11/14/2008)
11/14/2008	28	DECLARATION re 26 MOTION to Consolidate Cases , Appointment as Lead Plaintiffs and for Approval of Selection of Counsel by Rudman Investors. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Friedlander, Joel) (Entered: 11/14/2008)
11/14/2008	29	OPENING BRIEF in Support re 26 MOTION to Consolidate Cases , Appointment as Lead Plaintiffs and for Approval of Selection of Counsel filed by Rudman Investors.Answering Brief/Response due date per Local Rules is 12/5/2008. (Friedlander, Joel) (Entered: 11/14/2008)
11/17/2008	30	Disclosure Statement pursuant to Rule 7.1 filed by Rudman Investors. (Friedlander, Joel) (Entered: 11/17/2008)
11/17/2008	31	NOTICE of Withdrawal of Motion of Globis Capital Partners, L.P. for Consolidation of the Related Actions, Appointment as Lead Plaintiff and Approval of its Selection of Counsel by Globis Capital Partners, L.P. re 13 MOTION to Consolidate Cases MOTION consolidation; appointment as lead counsel,(Monhait, Norman) Modified on 11/18/2008 (nms). (Entered: 11/17/2008)
11/20/2008	32	MOTION for Pro Hac Vice Appearance of Attorney Ira M. Press and Edward M. Varga III - filed by Rudman Investors. (Brennecke, Sean) (Entered: 11/20/2008)
11/20/2008	33	NOTICE of Change of Firm Name by Karen Dutton (Herbert, Laina) (Entered: 11/20/2008)
11/21/2008		SO ORDERED, re 32 MOTION for Pro Hac Vice Appearance of Attorney Ira M. Press and Edward M. Varga III filed by Rudman Investors. Signed by Judge Joseph J. Farnan, Jr. on 11/21/2008. (nms) (Entered: 11/21/2008)
12/04/2008	34	NOTICE OF WITHDRAWAL OF THE MOTION OF NORFOLK COUNTY RETIREMENT SYSTEM FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL - filed by Norfolk County Retirement System. (Finger, David) Modified on 12/5/2008 (nms). (Entered: 12/04/2008)
12/04/2008	35	NOTICE of Voluntary Dismissal by Norfolk County Retirement System as to Complaint (Finger, David) (Entered: 12/04/2008)
12/04/2008		CASE CLOSED per D.I. 35 NOTICE of Voluntary Dismissal by Norfolk County Retirement System as to Complaint. (nms) (Entered: 12/08/2008)
12/05/2008	36	ANSWERING BRIEF in Opposition to 16 , 21], and 26 Competing Motions for Appointment of Lead Plaintiff filed by Rudman Investors .Reply Brief due date per Local Rules is 12/15/2008. (Friedlander, Joel) Modified on 12/8/2008 (nms). Modified on 12/8/2008 (nms). (Entered: 12/05/2008)
12/05/2008	37	RESPONSE to 21 MOTION to Consolidate Cases, MOTION to Appoint Counsel, MOTION to Appoint Duluth Teachers' Retirement Fund Association as Lead Plaintiff, 16 MOTION to Consolidate Cases, Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel and Liaison Counsel, 19 MOTION OF NORFOLK COUNTY RETIREMENT SYSTEM FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL, 26 MOTION to Consolidate Cases, Appointment as Lead Plaintiffs and for Approval of Selection of Counsel, 13 MOTION to Consolidate Cases, Appointment as Lead Plaintiff, and Approval of its Selected Counsel; appointment as lead counsel, filed by City of Tallahassee Retirement System. (Herbert, Laina) Modified on 12/8/2008 (nms). (Entered: 12/05/2008)
12/23/2008	38	MOTION for Pro Hac Vice Appearance of Attorney Sean M. Handler, Esq. - filed by Karen Dutton. (Attachments: # 1 Certification)(Herbert, Laina) (Entered: 12/23/2008)
12/29/2008		SO ORDERED, re 38 MOTION for Pro Hac Vice Appearance of Attorney Sean M. Handler, Esq. filed by Karen Dutton. Signed by Judge Joseph J. Farnan, Jr. on 12/29/2008. (nms) (Entered: 12/29/2008)
01/15/2009		Remark: An Opposition has been filed to the "Stipulation and [Proposed] Order to (1) Consolidate the Related Cases; (2) Appoint Co-Lead Plaintiffs; and (3) Approve Co-Lead Plaintiffs' Choice of Co-Lead Counsel and Liason Counsel filed on January 2, 2009. Therefore, the Court will not entertain the pending matters until counsel complies with the Court's Procedure regarding the filing of non-case dispositive motions. Associated Cases: 1:08-cv-00755-JJF, 1:08-cv-00578-JJF, 1:08-cv-00815-JJF(dlk) (Entered: 01/15/2009)