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CLOSED |
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Cause: 15:78m(a) Securities
Exchange Act |
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Plaintiff |
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William P. Isham |
represented by |
Adam M. Stewart |
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Plaintiff |
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Iron Workers District
Council, |
represented by |
Adam M. Stewart |
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Plaintiff |
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Operating Engineers
Construction Industry and Miscellaneous Pension Fund |
represented by |
Adam M. Stewart |
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Defendant |
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Perini Corp. |
represented by |
Andrew B. Kay |
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Defendant |
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Ronald N. Tutor |
represented by |
Anthony S. Fiotto |
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Defendant |
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Robert Band |
represented by |
Anthony S. Fiotto |
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Defendant |
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Michael E. Ciskey |
represented by |
Anthony S. Fiotto |
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Defendant |
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Kenneth R. Burk |
represented by |
Anthony S. Fiotto |
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Date Filed |
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Docket Text |
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COMPLAINT against all
defendants Filing fee: $ 350, receipt number 01010000000002082268, filed by
William P. Isham. (Attachments: # 1 Civil Cover Sheet)(Stewart, Adam)
(Entered: |
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NOTICE of Appearance by
Thomas G. Shapiro on behalf of William P. Isham (Shapiro, Thomas) (Entered: |
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ELECTRONIC NOTICE of Case
Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge
issues an Order of Reference of any matter in this case to a Magistrate
Judge, the matter will be transmitted to Magistrate Judge Sorokin (Johnson,
Jay) (Entered: 08/20/2008) |
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Summons Issued as to Perini
Corp., Ronald N. Tutor, Robert Band, Michael E. Ciskey, Kenneth R. Burk. Counsel
receiving this notice electronically should download this summons, complete
one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR
4.1. Summons will be mailed to plaintiff(s) not receiving notice
electronically for completion of service. (Johnson, Jay) (Entered: |
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NOTICE of Appearance by
Eric D. Levin on behalf of Perini Corp. (Levin, Eric) (Entered: |
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NOTICE of Appearance by
Joel Lewin on behalf of Perini Corp. (Lewin, Joel) (Entered: |
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NOTICE of Appearance by
David H. Travers on behalf of Perini Corp. (Travers, David) (Entered: |
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STIPULATION re 1 Complaint and Proposed Order for
Extenstion of Time to Answer by Perini Corp., Ronald N. Tutor, Robert
Band, Michael E. Ciskey, Kenneth R. Burk. (Levin, Eric) (Entered: |
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NOTICE of Appearance by
Christopher D. Moore on behalf of Ronald N. Tutor, Robert Band, Michael E.
Ciskey, Kenneth R. Burk (Moore, Christopher) (Entered: 09/25/2008) |
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NOTICE of Appearance by
Anthony S. Fiotto on behalf of Ronald N. Tutor, Robert Band, Michael E.
Ciskey, Kenneth R. Burk (Fiotto, Anthony) (Entered: 09/25/2008) |
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NOTICE of Appearance by
Chad W. Higgins on behalf of Ronald N. Tutor, Robert Band, Michael E. Ciskey,
Kenneth R. Burk (Higgins, Chad) (Entered: 09/25/2008) |
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NOTICE of Withdrawal of
Appearance by Christopher D. Moore (Moore, Christopher) (Entered: |
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MOTION to Consolidate
Cases, MOTION Consolidation Of Related Actions, Appointment As Lead Plaintiff
And Approval Of Selection Of Lead And Liaison Counsel ( Responses due by |
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DECLARATION Of Adam M.
Stewart In Support Of The Pension Fund Groups Motion For Consolidation Of
Related Actions, Appointment As Lead Plaintiff And Approval Of Selection Of
Lead Counsel And Liaison Counsel by William P. Isham. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Stewart, Adam)
(Entered: |
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MEMORANDUM in Support re 12 MOTION to Consolidate Cases MOTION
Consolidation Of Related Actions, Appointment As Lead Plaintiff And Approval
Of Selection Of Lead And Liaison Counsel filed by William P. Isham. (Stewart,
Adam) (Entered: |
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RESPONSE to Motion re 12 MOTION to Consolidate Cases MOTION
Consolidation Of Related Actions, Appointment As Lead Plaintiff And Approval
Of Selection Of Lead And Liaison Counsel filed by Perini Corp., Ronald N.
Tutor, Robert Band, Michael E. Ciskey, Kenneth R. Burk. (Levin, Eric) (Entered:
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Judge Nathaniel M. Gorton:
Electronic ORDER entered granting 12 Motion to Consolidate Cases of Related
Actions, Appointment as Lead Plaintiff and Approval of Selection of Lead and
Liaison Counsel. (Duong, Diep) (Entered: |
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MOTION for Leave to Appear
Pro Hac Vice for admission of Samuel H. Rudman, David A. Rosenfeld, Mario
Alba Jr. Filing fee $ 150, receipt number 01010000000002228751. by Iron
Workers District Council, |
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Judge Nathaniel M. Gorton:
Electronic ORDER entered granting 17 Motion for Leave to Appear Pro Hac
Vice; Added Samuel H. Rudman, David A. Rosenfeld, Mario Alba, Jr. for William
P. Isham, Iron Workers District Council, Southern Ohio & Vicinity Pension
Trust and Operating Engineers Construction Industry and Miscellaneous Pension
Fund, Attorneys admitted Pro Hac Vice must register for electronic filing.
To register go to the Court website at www.mad.uscourts.gov. Select Forms and
then scroll down to CM/ECF Forms. (Duong, Diep) (Entered: |
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STIPULATION Revised
Stipulation and Proposed Order for Extension of Time by Iron Workers
District Council, |
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MOTION for Leave to Appear
Pro Hac Vice for admission of James P. Gillespie Filing fee $ 50, receipt
number 01010000000002285601 by Perini Corp.,(Levin, Eric) Modified on
2/3/2009: admission on behalf of defendant Perini Corp ONLY per phone
conversation with atty's assistant. (Duong, Diep). (Entered: |
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MOTION for Leave to Appear
Pro Hac Vice for admission of Robert B. Gilmore Filing fee $ 50, receipt
number 01010000000002285611 by Perini Corp., (Levin, Eric) Modified on
2/3/2009: admission on behalf of defendant Perini Corp ONLY per phone
conversation with atty's assistant (Duong, Diep). (Entered: |
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MOTION for Leave to Appear
Pro Hac Vice for admission of Andrew B. Kay Filing fee $ 50, receipt number
01010000000002285618 by Perini Corp.,(Levin, Eric) Modified on 2/3/2009:
admission on behalf of defendant Perini Corp ONLY per phone conversation with
atty's assistant (Duong, Diep). (Entered: |
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MOTION for Leave to Appear
Pro Hac Vice for admission of Matthew E. Papez Filing fee $ 50, receipt
number 01010000000002285626 by Perini Corp., (Levin, Eric) Modified on
2/3/2009: admission on behalf of defendant Perini Corp ONLY per phone
conversation with atty's assistant (Duong, Diep). (Entered: |
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Judge Nathaniel M. Gorton:
Electronic ORDER entered granting 19 20 21 and 22 Motion for Leave to Appear Pro Hac
Vice; Added James P. Gillespie, Robert B. Gilmore, Andrew B. Kay and Matthew
E. Papez for Perini Corp.. Attorneys admitted Pro Hac Vice must register
for electronic filing. To register go to the Court website at
www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms.
(Duong, Diep) (Entered: |
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First Consolidated AMENDED
COMPLAINT against Perini Corp., Ronald N. Tutor, Robert Band, Michael E.
Ciskey, Kenneth R. Burk filed by Iron Workers District Council, Southern Ohio
& Vicinity Pension Trust, Operating Engineers Construction Industry and
Miscellaneous Pension Fund.(Stewart, Adam) (Entered: 02/09/2009) |
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NOTICE OF RESCHEDULING
Scheduling Conference set for |
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NOTICE of Appearance by
Kathryn Lundwall Alessi on behalf of Ronald N. Tutor, Robert Band, Michael E.
Ciskey, Kenneth R. Burk (Alessi, Kathryn) (Entered: 03/20/2009) |
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Joint MOTION to Amend Schedule
for Response to Complaint, Joint MOTION to Continue Initial Scheduling
Conference ( Responses due by 4/3/2009) by Perini Corp., Ronald N. Tutor,
Robert Band, Michael E. Ciskey, Iron Workers District Council, Southern Ohio
& Vicinity Pension Trust, Kenneth R. Burk, Operating Engineers
Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Text of Proposed Order)(Fiotto,
Anthony) (Entered: 03/20/2009) |
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03/26/2009 |
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Judge Nathaniel M. Gorton:
Electronic ORDER entered granting 26 Motion to Amend; granting 26 Motion to Continue( Scheduling
Conference and/or hearing on dispositive motions set for 8/12/2009 03:00 PM
in Courtroom 4 before Judge Nathaniel M. Gorton.) in case 1:08-cv-11449- |
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04/08/2009 |
Joint MOTION for Leave to
File Excess Pages on the Parties' Memoranda of Law Regarding Defendants'
Motion to Dismiss by William P. Isham, Perini Corp., Ronald N. Tutor,
Robert Band, Michael E. Ciskey, Iron Workers District Council, Southern Ohio
& Vicinity Pension Trust, Kenneth R. Burk, Operating Engineers
Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Exhibit Exhibit 1)(Levin, Eric)
(Entered: 04/08/2009) |
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04/15/2009 |
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Judge Nathaniel M. Gorton:
Electronic ORDER entered granting 27 Motion for Leave to File Excess Pages
(Duong, Diep) (Entered: 04/15/2009) |
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04/17/2009 |
NOTICE of Appearance by
Elianna J. Marziani on behalf of Ronald N. Tutor, Robert Band, Michael E.
Ciskey, Kenneth R. Burk (Marziani, Elianna) (Entered: 04/17/2009) |
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04/17/2009 |
MOTION to Dismiss by Perini
Corp..(Levin, Eric) (Entered: 04/17/2009) |
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04/17/2009 |
MEMORANDUM in Support re 29 MOTION to Dismiss filed by Perini
Corp.. (Levin, Eric) (Entered: 04/17/2009) |
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04/17/2009 |
DECLARATION re 30 Memorandum in Support of Motion, 29 MOTION to Dismiss Declaration of
Matthew E. Papez in Support of Perini Corp.'s Motion to Dismiss by Perini
Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Levin, Eric) (Entered:
04/17/2009) |
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04/17/2009 |
MOTION to Dismiss (Individual
Defendants' Motion to Dismiss the First Consolidated Amended Complaint)
by Ronald N. Tutor, Robert Band, Michael E. Ciskey, Kenneth R. Burk.(Fiotto,
Anthony) (Entered: 04/17/2009) |
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04/17/2009 |
MEMORANDUM in Support re 32 MOTION to Dismiss (Individual
Defendants' Motion to Dismiss the First Consolidated Amended Complaint)
filed by Ronald N. Tutor, Robert Band, Michael E. Ciskey, Kenneth R. Burk.
(Fiotto, Anthony) (Entered: 04/17/2009) |
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04/17/2009 |
DECLARATION re 32 MOTION to Dismiss (Individual
Defendants' Motion to Dismiss the First Consolidated Amended Complaint) (Declaration
of Kathryn L. Alessi in Support of the Individual Defendants' Motion to
Dismiss the First Consolidated Amended Complaint) by Ronald N. Tutor,
Robert Band, Michael E. Ciskey, Kenneth R. Burk. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Alessi, Kathryn) (Entered:
04/17/2009) |
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06/05/2009 |
MEMORANDUM in Opposition re
32 MOTION to Dismiss (Individual
Defendants' Motion to Dismiss the First Consolidated Amended Complaint), 29 MOTION to Dismiss Lead Plaintiffs'
Memorandum of Law in Opposition to Defendants' Motions to Dismiss the Amended
Class Action Complaint filed by Iron Workers District Council, Southern
Ohio & Vicinity Pension Trust, Operating Engineers Construction Industry
and Miscellaneous Pension Fund. (Shapiro, Thomas) (Entered: 06/05/2009) |
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06/05/2009 |
DECLARATION re 35 Memorandum in Opposition to Motion, Declaration
of Thomas G. Shapiro in Support of Lead Plaintiffs' Memorandum of Law in
Opposition to Defendants' Motions to Dismiss the Amended Class Action
Complaint by Iron Workers District Council, Southern Ohio & Vicinity Pension
Trust, Operating Engineers Construction Industry and Miscellaneous Pension
Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Shapiro, Thomas) (Entered:
06/05/2009) |
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07/10/2009 |
REPLY MEMORANDUM OF LAW by
Perini Corp. to 29 MOTION to Dismiss. (Levin, Eric)
(Entered: 07/10/2009) |
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07/10/2009 |
REPLY to Response to 32 MOTION to Dismiss (Individual
Defendants' Motion to Dismiss the First Consolidated Amended Complaint) filed
by Ronald N. Tutor, Robert Band, Michael E. Ciskey, Kenneth R. Burk. (Fiotto,
Anthony) (Entered: 07/10/2009) |
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07/10/2009 |
DECLARATION re 38 Reply to Response to Motion (
Declaration OF Kathryn L. Alessi In Support Of The Individual Defendants'
Reply In Support Of Their Motion To Dismiss The First Consolidated Amended
Complaint) by Ronald N. Tutor, Robert Band, Michael E. Ciskey, Kenneth R.
Burk. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Alessi, Kathryn) (Entered:
07/10/2009) |
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07/28/2009 |
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ELECTRONIC NOTICE of
Hearing on Motion 32 MOTION to Dismiss (Individual
Defendants' Motion to Dismiss the First Consolidated Amended Complaint), 29 MOTION to Dismiss : Motion Hearing set
for 9/18/2009 02:30 PM in Courtroom 4 before Judge Nathaniel M. Gorton.
(Nicewicz, Craig) (Entered: 07/28/2009) |
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09/14/2009 |
Letter/request (non-motion)
from Samuel H. Rudman re reschedule date for oral argument. (Rudman,
Samuel) (Entered: 09/14/2009) |
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09/16/2009 |
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ELECTRONIC NOTICE of
Hearing on Motion ( |
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09/22/2009 |
MOTION for Leave to Appear
Pro Hac Vice for admission of Joseph F. Russello Filing fee $ 50, receipt
number 01010000000002593410. by William P. Isham, Iron Workers District
Council, Southern Ohio & Vicinity Pension Trust, Operating Engineers
Construction Industry and Miscellaneous Pension Fund. (Attachments: # 1 Certificate of Good Standing of Joseph
F. Russello in Support of Motion for Admission of Counsel Pro Hac
Vice)(Stewart, Adam) (Entered: 09/22/2009) |
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09/24/2009 |
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Judge Nathaniel M. Gorton:
Electronic ORDER entered granting 41 Motion for Leave to Appear Pro Hac
Vice; Added Joseph F. Russello for William P. Isham, Iron Workers District
Council, Southern Ohio & Vicinity Pension Trust and Operating Engineers
Construction Industry and Miscellaneous Pension Fund. Attorneys admitted
Pro Hac Vice must register for electronic filing. To register go to the Court
website at www.mad.uscourts.gov. Select Case Information, then Electronic
Filing (CM/ECF) and go to the CM/ECF Registration Form. (Duong, Diep)
(Entered: 09/24/2009) |
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09/25/2009 |
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Electronic Clerk's Notes
for proceedings held before Judge Nathaniel M. Gorton: Motion Hearing held on
9/25/2009 re 32 MOTION to Dismiss (Individual
Defendants' Motion to Dismiss the First Consolidated Amended Complaint)
filed by Robert Band, Ronald N. Tutor, Michael E. Ciskey, Kenneth R. Burk, 29 MOTION to Dismiss filed by Perini
Corp. All future filings will be made under 08-11449. Court hears oral
argument. The Court takes matter under advisement. (Court Reporter:
Dahlstrom.)(Attorneys present: Shapiro, Russello, Gillespie, Fiato, Levin,
Gilmore) (Nicewicz, Craig) (Entered: 09/25/2009) |
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10/02/2009 |
Transcript of Motion to
Dismiss Hearing held on September 25, 2009, before Judge Gorton. Court
Reporter: Cheryl Dahlstrom at 617/951-4555. The Transcript may be purchased
through the Court Reporter, viewed at the public terminal, or viewed through
PACER after it is released. Redaction Request due 10/20/2009. Redacted
Transcript Deadline set for 10/30/2009. Release of Transcript Restriction set
for 12/28/2009. (Scalfani, Deborah) (Entered: 10/02/2009) |
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10/02/2009 |
NOTICE is hereby given that
an official transcript of a proceeding has been filed by the court reporter
in the above-captioned matter. Counsel are referred to the Court's Transcript
Redaction Policy, a copy of which is attached to this entry.. (Scalfani,
Deborah) (Entered: 10/02/2009) |
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10/07/2009 |
Judge Nathaniel M. Gorton:
ORDER entered. MEMORANDUM |
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Judge Nathaniel M. Gorton:
ORDER entered. ORDER DISMISSING CASE (Duong, Diep) (Entered: |
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NOTICE by Perini Corp.,
Ronald N. Tutor, Robert Band, Michael E. Ciskey, Iron Workers District
Council, Southern Ohio & Vicinity Pension Trust, Kenneth R. Burk,
Operating Engineers Construction Industry and Miscellaneous Pension Fund Joint
Notice of Plaintiffs' Intent not to Replead and Stipulation of Dismissal with
Prejudice (Levin, Eric) (Entered: 11/23/2009) |
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Judge Nathaniel M. Gorton:
ORDER of DISMISSAL entered. (Nicewicz, Craig) (Entered: |