US District Court Civil Docket as of 03/01/2011
Retrieved from the court on March 9, 2011

U.S. District Court
Southern District of Florida (Miami)
CIVIL DOCKET FOR CASE #: 1:09-cv-22736-PAS


Chiarenza v. IBSG International, Inc. et al
Assigned to: Judge Patricia A. Seitz
Referred to: Magistrate Judge John J. O'Sullivan

Case in other court:

 New York Eastern, 1:09-cv-00408

Cause: 28:1331 Federal Question


Date Filed:
09/14/2009
Date Terminated:
01/03/2011
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Plaintiff

 

Anthony Chiarenza
Individually and On Behalf of all Others Similarly Situated

represented by

Eduard Korsinsky
Levi & Korsinsky LLP
30 Broad Street
15th Floor
New York, NY 10004
212-363-7500
Fax: 363-7171
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Elizabeth A. Berney
Levi & Korsinsky LLP
30 Broad Street
15th Floor
New York, NY 10004
212-363-7500
Fax: 212-363-7171
Email: lberney@zlk.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Abraham Rappaport
3774 NW 3rd Avenue
Boca Raton, FL 33431
561-368-9252
Fax: 447-9480
Email: rapplaw@yahoo.com
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

IBSG International, Inc.

 

 

 

 

 

Defendant

 

 

Michael Rivers

 

 

 

 

 

Defendant

 

 

Geoffrey Birch

represented by

David J. Hoffman
29 Broadway
27th Floor
New York, NY 10006
212-425-0550
Fax: 212-797-3545
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Paul K Silverberg
Silvergerg & Weiss, P.A.
2665 Executive Park Drive
Suite 2
Weston, FL 33331
954-384-0998
Fax: 954-384-5390
Email: psilverberg@pkslegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kraig Scott Weiss
Silverberg & Weiss, P.A.
2665 Executive Park Drive
Suite 2
Weston, FL 33331
954-384-0998
Fax: 954-384-5390
Email: kweiss@pkslegal.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Jewett, Schwartz, Wolfe & Associates
TERMINATED:
10/08/2010

represented by

Gary Richard Irwin
Winget Spadafora & Schwartzberg LLP
20801 Biscayne Boulevard
4th Floor
Aventura, FL 33180
786-923-5911
Email: irwin.g@wssllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kenneth A. McLellan
Winget Spadafora & Schwartzberg LLP
45 Broadway
19th Floor
New York, NY 10006
212-221-6900
Fax: 212-221-6989
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter Michael Hoogerwoerd
Cole, Scott and Kissane, P.A.
9150 South Dadeland Boulevard
Suite 1400
Miami, FL 33156
305-350-5374
Fax: 305-373-2294
Email: peter.hoogerwoerd@csklegal.com
TERMINATED: 06/11/2010
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

01/30/2009

1 

COMPLAINT against IBSG International, Inc., Michael Rivers, Geoffrey Birch, Jewett, Schwartz, Wolfe & Associates $ 350, filed by Anthony Chiarenza. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 02/02/2009)

03/30/2009

2 

MOTION to Appoint Counsel Levi & Korsinsky LLP by Anthony Chiarenza. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Proposed Order) (Korsinsky, Eduard) (Entered: 03/30/2009)

04/17/2009

  

SCHEDULING ORDER: A status conference has been scheduled for May 4, 2009 at 11:00 a.m., before Roslynn R. Mauskopf, USDJ re: Doc. No. 2 Motion to Appoint Counsel. Counsel for plaintiff is requested to participate in this conference, via telephone. Please telephone chambers at (718)613-2210. Ordered by Judge Roslynn R. Mauskopf on 4/17/2009. (Klein, Vivian) (Entered: 04/17/2009)

04/29/2009

3 

MOTION for pre motion conference Letter to Hon. Mauskopf regarding May 4 status conference; additional relief needed by Anthony Chiarenza. (Korsinsky, Eduard) (Entered: 04/29/2009)

05/04/2009

4 

Minute Entry for proceedings held before Judge Roslynn R. Mauskopf: Status Conference held on 5/4/2009. Decision reserved on the Motion for Appointment of Lead Counsel, Doc. No. 2 . Plaintiff to file by May 8, 2009 supplemental papers briefing the Courts concerns raised at todays conference. The motion to lift the stay of discovery, Doc. No. 3 is to be directed to Magistrate Go. (Court Reporter: Anthony Mancuso) (Brucella, Michelle) (Entered: 05/04/2009)

05/07/2009

  

ORDER terminating 3 Motion for Pre Motion Conference. Conference held on 5/4/09. Ordered by Judge Roslynn R. Mauskopf on 5/7/2009. (Klein, Vivian) (Entered: 05/07/2009)

05/08/2009

5 

AFFIDAVIT/DECLARATION in Support re 2 MOTION to Appoint Counsel Levi & Korsinsky LLP Supplemental Declarations of Elizabeth Berney and Juan Monteverde and Supplemental Certifications of Jeffrey Bonvallat and Anthony Chiarenza Providing Additional Details per Court request on May 4, 2009 filed by Anthony Chiarenza. (Berney, Elizabeth) (Entered: 05/08/2009)

05/13/2009

6 

NOTICE of Appearance by Kenneth A. McLellan on behalf of Jewett, Schwartz, Wolfe & Associates (aty to be noticed) (McLellan, Kenneth) (Entered: 05/13/2009)

05/14/2009

7 

Letter MOTION for Extension of Time to File Answer re 1 Complaint or otherwise move or respond with respect to the Complaint by Jewett, Schwartz, Wolfe & Associates. (McLellan, Kenneth) (Entered: 05/14/2009)

05/19/2009

  

ORDER granting 7 Motion for Extension of Time to Answer. Defendant Jewett, Schwartz Wolfe & Associates to file Answer on or before June 25, 2009. So Ordered by Judge Roslynn R. Mauskopf on 5/19/2009. (Toribio, Winnethka) (Entered: 05/19/2009)

05/27/2009

8 

NOTICE of Appearance by David John Hoffman on behalf of Geoffrey Birch (aty to be noticed) (Hoffman, David) (Entered: 05/27/2009)

06/01/2009

9 

MOTION to Dismiss or to transfer action to Middle District of Florida by Geoffrey Birch. (Hoffman, David) (Entered: 06/01/2009)

06/01/2009

10 

MEMORANDUM in Support re 9 MOTION to Dismiss or to transfer action to Middle District of Florida filed by Geoffrey Birch. (Hoffman, David) (Entered: 06/01/2009)

06/18/2009

11 

First MOTION for Extension of Time to File Response/Reply as to 10 Memorandum in Support by Anthony Chiarenza. (Berney, Elizabeth) (Entered: 06/18/2009)

06/22/2009

  

ORDER granting 11 Motion for Extension of Time to File Response/Reply. Plaintiff shall respond to Defendant's MOTION to Dismiss or to transfer action to Middle District of Florida by July 7, 2009. Ordered by Judge Roslynn R. Mauskopf on 6/22/2009. (Toribio, Winnethka) (Entered: 06/22/2009)

06/23/2009

12 

Letter MOTION for Extension of Time to File Answer re 1 Complaint or otherwise move or respond with respect to the Complaint by Jewett, Schwartz, Wolfe & Associates. (McLellan, Kenneth) (Entered: 06/23/2009)

06/25/2009

  

ORDER granting 12 Letter MOTION for Extension of Time to File Answer: Defendant Jewett, Schwartz, Wolfe & Associates request for an extension of time to file an answer, move or respond to the Complaint in this action is extended to July 7, 2009. Ordered by Judge Roslynn R. Mauskopf on 6/25/2009. (Toribio, Winnethka) (Entered: 06/25/2009)

06/30/2009

13 

SCHEDULING ORDER: Initial Conference set for 7/9/2009 09:30 AM before Magistrate Judge Marilyn D. Go. Ordered by Magistrate Judge Marilyn D. Go on 6/30/2009. (DeVeaux, Yvonne) (Entered: 06/30/2009)

06/30/2009

14 

MOTION for Leave to Appear Pro Hac Vice as to Paul K. Silverberg by Geoffrey Birch. (Brucella, Michelle) (Entered: 06/30/2009)

06/30/2009

15 

MOTION for Leave to Appear Pro Hac Vice as to Kraig S. Weiss by Geoffrey Birch. (Brucella, Michelle) (Entered: 06/30/2009)

07/07/2009

16 

Letter MOTION for Extension of Time to File Answer or otherwise move or respond with respect to the Complaint and request for a Pre-Motion Conference by Jewett, Schwartz, Wolfe & Associates. (McLellan, Kenneth) (Entered: 07/07/2009)

07/08/2009

  

ORDER granting 14 Motion for Leave to Appear Pro Hac Vice as to Paul K. Silverberg. Ordered by Judge Roslynn R. Mauskopf on 7/8/2009. (Toribio, Winnethka) (Entered: 07/08/2009)

07/08/2009

  

ORDER granting 15 Motion for Leave to Appear Pro Hac Vice as to Kraig S. Weiss. Ordered by Judge Roslynn R. Mauskopf on 7/8/2009. (Toribio, Winnethka) (Entered: 07/08/2009)

07/08/2009

17 

Letter MOTION for Discovery requesting adjournment of Initial Conference by Jewett, Schwartz, Wolfe & Associates. (McLellan, Kenneth) (Entered: 07/08/2009)

07/08/2009

18 

ORDER: Upon consideration and review of all the lead plaintiff motions filed herein, the Court hereby appoints Anthony Chiarenza, Jeffrey Bonvallat, and Pierce Lord as Lead Plaintiffs for the Class in this action. The Court approves the selection of Levi & Korsinsky, LLP as Lead Counsel in this action. (See document for further details) Ordered by Judge Roslynn R. Mauskopf on 7/8/2009. (Brucella, Michelle) (Entered: 07/08/2009)

07/08/2009

  

ORDER granting 17 Motion. The initial conference is adjourned to July 29, 2009 at 3:00 p.m. Besides the matters noted in the original initial conference order, the parties must be prepared to discuss the discovery needed with respect to any forum non conveniens motion that may be filed and possible terms for resolving the question of transfer. Ordered by Magistrate Judge Marilyn D. Go on 7/8/2009. (Go, Marilyn) (Entered: 07/08/2009)

07/08/2009

  

SCHEDULING ORDER re 16 . The Court will hold a pre-motion conference on August 14, 2009 at 12:00p.m . Counsel for all parties must attend. The conference will take place before Judge Mauskopf in Courtroom N6F on the 6th floor of the North Wing, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel shall confer to ensure that all parties are aware of the date and time of the conference. On or before July 31, 2009 , counsel for Plaintiff shall file a letter, not to exceed three (3) pages, responding to the issues raised in the letter requesting a pre-motion conference (Docket No. 16). Ordered by Judge Roslynn R. Mauskopf on 7/8/2009. (Toribio, Winnethka) (Entered: 07/08/2009)

07/24/2009

19 

STIPULATION Joint Stipulation of Defendant Geoffrey Birch and Lead Plaintiffs to Transfer this Matter to the US District Court for the Southern District of Florida Pursuant to 28 USC sec 1404 and to Lift the PSLRA Discovery Stay as to Birch, and to Address Certain Related Matters by Anthony Chiarenza (Berney, Elizabeth) (Entered: 07/24/2009)

07/28/2009

  

NOTICE: In light of the stipulation that was filed, the Initial Conference is canceled. (DeVeaux, Yvonne) Modified on 7/28/2009 (DeVeaux, Yvonne). (Entered: 07/28/2009)

07/29/2009

  

SCHEDULING ORDER: The Court will hold a telephone conference on July 30, 2009 12:00 p.m . The call is to be arranged among counsel. Once the attorneys for all parties are on the line, please call Chambers at (718) 613-2210. Counsel should confer with one another to ensure that all parties are aware of the scheduled telephone conference. Ordered by Judge Roslynn R. Mauskopf on 7/29/2009. (Toribio, Winnethka) (Entered: 07/29/2009)

07/30/2009

20 

Minute Entry for proceedings held before Judge Roslynn R. Mauskopf: Telephone Conference held on 7/30/2009. Defendants shall serve their motion papers re: motion to transfer on or before August 7, 2009. Plaintiff shall serve her opposition papers by August 14, 2009; and Defendants shall file their fully-briefed motion submissions by August 20, 2009. The pre-motion conference originally scheduled for August 14, 2009 has been adjourned until further notice. (Court Reporter: Marsha Diamond) (Brucella, Michelle) (Entered: 07/30/2009)

08/06/2009

21 

Notice of MOTION to Dismiss and Brief in Support by Jewett, Schwartz, Wolfe & Associates. Responses due by 8/14/2009 (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (McLellan, Kenneth) (Entered: 08/06/2009)

08/06/2009

22 

Letter MOTION to Dismiss cover letter to motion by Jewett, Schwartz, Wolfe & Associates. Responses due by 8/14/2009 (McLellan, Kenneth) (Entered: 08/06/2009)

08/06/2009

  

ORDER TERMINATING [21,22] Motion to Dismiss as improperly filed: Pursuant to Rule III(B)(2) of this Courts Individual Motion Practices and Rules, motions are to be filed only when fully briefed. Once briefing on this motion is completed, Defendant Jewett, Schwartzs Counsel shall electronically file a complete set of motion papers and submit courtesy copies to Chambers. Defendants Counsel is directed to familiarize himself with this Courts Individual Motion Practices and Rules and to comply fully with their requirements in the future. Ordered by Judge Roslynn R. Mauskopf on 8/6/2009. (Rowland, Matthew) (Entered: 08/06/2009)

08/20/2009

23 

Fully Briefed MOTION to Dismiss Plaintiffs' Complaint by Jewett, Schwartz, Wolfe & Associates. Responses due by 8/20/2009 (Attachments: # 1 Civil Cover Sheet Cover Letter, # 2 Notice of Motion Defendant Birch, # 3 Memorandum in Support Defendant Birch, # 4 Memorandum in Opposition Plaintiffs' Response, # 5 Memorandum in Support Jewett Reply Brief) (McLellan, Kenneth) (Entered: 08/20/2009)

09/10/2009

24 

MEMORANDUM AND ORDER: Because of the number of factors favoring transfer outweigh those opposing it, this action should be transferred to the Southern District of Florida. Ordered by Judge Roslynn R. Mauskopf on 9/4/2009. (Case transferred to District of Southern District of Florida. Original file, certified copy of transfer order, and docket sheet sent.) ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Brucella, Michelle) (Entered: 09/10/2009)

09/14/2009

25 

Case transferred in from New York Eastern; Case Number 1:09-cv-00408. Electronic file consisting of documents numbered 1 - 24, including transfer order and docket sheet received. .(Ahmad, Rehan). (Entered: 09/14/2009)

10/06/2009

26 

Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 10/26/2009. Signed by Judge Patricia A. Seitz on 10/6/2009. (tb) (Entered: 10/06/2009)

10/26/2009

27 

NOTICE of Attorney Appearance by Paul K Silverberg on behalf of Geoffrey Birch (Silverberg, Paul) (Entered: 10/26/2009)

10/26/2009

28 

NOTICE of Attorney Appearance by Abraham Rappaport on behalf of Anthony Chiarenza (Rappaport, Abraham) (Entered: 10/26/2009)

10/26/2009

29 

SCHEDULING REPORT - Rule 26(f) by Geoffrey Birch, Anthony Chiarenza, Jewett, Schwartz, Wolfe & Associates. (Attachments: # 1 Text of Proposed Order Scheduling Order)(Rappaport, Abraham) (Entered: 10/26/2009)

10/26/2009

30 

NOTICE of Change of Address by Abraham Rappaport (Rappaport, Abraham) (Entered: 10/26/2009)

10/27/2009

31 

Bar Letter re: Admissions sent to attorney Eduard Korsinsky and Elizabeth Berney, mailing date October 27, 2009. (cw) (Entered: 10/27/2009)

10/27/2009

32 

Bar Letter re: Admissions sent to attorney David J. Hoffman, mailing date October 27, 2009. (cw) (Entered: 10/27/2009)

10/27/2009

33 

Bar Letter re: Admissions sent to attorney Kenneth A. McLellan, mailing date October 27, 2009. (cw) (Entered: 10/27/2009)

10/28/2009

34 

NOTICE of Attorney Appearance by Peter Michael Hoogerwoerd on behalf of Jewett, Schwartz, Wolfe & Associates (Hoogerwoerd, Peter) (Entered: 10/28/2009)

10/28/2009

35 

NOTICE of Change of Address by Peter Michael Hoogerwoerd (Hoogerwoerd, Peter) (Entered: 10/28/2009)

11/13/2009

36 

ORDER Setting Scheduling Conference, ( Scheduling Conference set for 11/25/2009 09:00 AM in Miami Division before Judge Patricia A. Seitz.). Signed by Judge Patricia A. Seitz on 11/13/2009. (cqs) (Entered: 11/13/2009)

11/24/2009

37 

Defendant's MOTION for Extension of Time to File Response as to 1 Complaint by Jewett, Schwartz, Wolfe & Associates. (Hoogerwoerd, Peter) (Entered: 11/24/2009)

11/24/2009

38 

NOTICE by Geoffrey Birch re 37 Defendant's MOTION for Extension of Time to File Response as to 1 Complaint of Joinder (Weiss, Kraig) (Entered: 11/24/2009)

11/25/2009

39 

Minute Entry for proceedings held before Judge Patricia A. Seitz: Scheduling Conference held on 11/25/2009. Court Reporter: David Ehrlich, Phone: 305-523-5537 (lw) (Entered: 11/25/2009)

11/25/2009

40 

(VACATED DE# 45)ORDER TO SHOW CAUSE Show Cause Response due by 12/10/2009.. Signed by Judge Patricia A. Seitz on 11/25/2009. (tb) Text Modified on 12/9/2009 (cqs). (Entered: 11/25/2009)

11/25/2009

41 

ORDER Granting Enlargement 37 Motion for Extension of Time to Respond Responses due by 12/10/2009. Signed by Judge Patricia A. Seitz on 11/25/2009. (cqs) (Entered: 11/30/2009)

11/25/2009

42 

Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 12/4/2009. Signed by Judge Patricia A. Seitz on 11/25/2009. (cqs) (Entered: 11/30/2009)

12/04/2009

43 

AMENDED JOINT SCHEDULING REPORT - Rule 16.1 by Geoffrey Birch, Anthony Chiarenza, Jewett, Schwartz, Wolfe & Associates. (Attachments: # 1 Exhibit Pretrial Deadline Worksheet, # 2 Exhibit 636 (c) Election to Magistrate)(Hoogerwoerd, Peter) Modified on 12/8/2009 to reflect text(tb). (Entered: 12/04/2009)

12/07/2009

44 

RESPONSE TO ORDER TO SHOW CAUSE by Anthony Chiarenza. (Rappaport, Abraham) (Entered: 12/07/2009)

12/09/2009

45 

ORDER Vacating 40 Order to Show Cause. Signed by Judge Patricia A. Seitz on 12/9/2009. (cqs) (Entered: 12/09/2009)

12/10/2009

46 

Defendant's MOTION to Dismiss 1 Complaint by Jewett, Schwartz, Wolfe & Associates. Responses due by 12/28/2009 (Hoogerwoerd, Peter) (Entered: 12/10/2009)

12/10/2009

47 

MOTION to Dismiss 1 Complaint by Geoffrey Birch. Responses due by 12/28/2009 (Weiss, Kraig) (Entered: 12/10/2009)

12/17/2009

48 

Agreed MOTION for Extension of Time to File Response as to 47 MOTION to Dismiss 1 Complaint, 46 Defendant's MOTION to Dismiss 1 Complaint by Geoffrey Birch, Anthony Chiarenza, Jewett, Schwartz, Wolfe & Associates. (Attachments: # 1 Text of Proposed Order)(Rappaport, Abraham) (Entered: 12/17/2009)

12/17/2009

49 

ORDER granting 48 Motion for Extension of Time to Respond Responses due by 1/15/2009. Signed by Judge Patricia A. Seitz on 12/17/2009. (cqs) (Entered: 12/17/2009)

12/18/2009

50 

ORDER SETTING TRIAL DATE AND PRETRIAL DEADLINES, REFERRING CASE to Magistrate Judge John J. O'Sullivan for Discovery Proceedings, SCHEDULING ORDER: ( Pretrial Conference set for 2/15/2011 09:00 AM in Miami Division before Judge Patricia A. Seitz., Jury Trial set for 3/14/2011 10:00 AM in Miami Division before Judge Patricia A. Seitz., Calendar Call set for 3/9/2011 01:15 PM in Miami Division before Judge Patricia A. Seitz., Discovery due by 10/7/2010., Pretrial Stipulation due by 2/4/2011.). Signed by Judge Patricia A. Seitz on 12/18/2009. (cqs) (Entered: 12/21/2009)

12/18/2009

51 

ORDER of Referral to Mediation.. Signed by Judge Patricia A. Seitz on 12/18/2009. (cqs) (Entered: 12/21/2009)

01/13/2010

52 

Agreed MOTION for Extension of Time to File Response to Motion to Dismiss and Replies in Support of Motion to Dismiss by Anthony Chiarenza. (Attachments: # 1 Text of Proposed Order)(Rappaport, Abraham) (Entered: 01/13/2010)

01/15/2010

53 

ORDER granting 52 Motion for Extension of Time to Respond Responses due by 1/22/2010 Replies due by 2/5/2010.. Signed by Judge Patricia A. Seitz on 1/15/2010. (tb) (Entered: 01/15/2010)

01/22/2010

54 

RESPONSE in Opposition re 22 , 47 MOTION to Dismiss 1 Complaint, 21 , 23 , 46 Defendant's MOTION to Dismiss 1 Complaint filed by Anthony Chiarenza. (Attachments: # 1 Certification of Service)(Rappaport, Abraham) (Entered: 01/22/2010)

01/22/2010

55 

ORDER TO SHOW CAUSE Show Cause Response due by 2/8/2010.. Signed by Judge Patricia A. Seitz on 1/22/2010. (tb) (Entered: 01/25/2010)

02/05/2010

56 

REPLY Memorandum in Support of 46 Defendant's MOTION to Dismiss 1 Complaint filed by Jewett, Schwartz, Wolfe & Associates. (Attachments: # 1 Exhibit Edward J. Goodman Life Income Trust v. Jabil Circuit, Inc. 11th Circuit 1/19/10)(Hoogerwoerd, Peter) Modified text on 2/8/2010 (tas). (Entered: 02/05/2010)

02/05/2010

57 

REPLY Memorandum in Support of 47 MOTION to Dismiss 1 Complaint filed by Geoffrey Birch. (Weiss, Kraig) Modified text on 2/8/2010 (tas). (Entered: 02/05/2010)

02/08/2010

58 

RESPONSE TO ORDER TO SHOW CAUSE for Failure to Comply with Order of Referral to Mediation by Jewett, Schwartz, Wolfe & Associates. (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Hoogerwoerd, Peter) Modified text on 2/9/2010 (tas). (Entered: 02/08/2010)

02/08/2010

59 

NOTICE by Geoffrey Birch re 58 Response to Order to Show Cause of Joinder (Weiss, Kraig) (Entered: 02/08/2010)

02/12/2010

60 

ORDER TO SHOW CAUSE and vacating Order to Show Cause, the order to show cause is VACATED as to defendants only Show Cause Response due by 2/22/2010.. Signed by Judge Patricia A. Seitz on 2/12/2010. (cqs) (Entered: 02/12/2010)

02/22/2010

61 

RESPONSE TO ORDER TO SHOW CAUSE by Anthony Chiarenza. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rappaport, Abraham) (Entered: 02/22/2010)

03/05/2010

62 

Order Vacating 60 Order to Show Cause and Requiring Parties to File Order Setting Mediation. Signed by Judge Patricia A. Seitz on 3/5/2010. (tb) (Entered: 03/08/2010)

03/12/2010

63 

NOTICE of Mediator Selection: Cindy Niad Hannah selected. (Attachments: # 1 Text of Proposed Order Scheduling Mediation)(Rappaport, Abraham) (Entered: 03/12/2010)

03/15/2010

64 

Notice of Mediation Hearing before Mediator, Cindy Niad Hannahfiled by Cindy Niad Hannah, Esq.. Mediation Hearing set for 5/17/2010 10:00 AM (Niad Hannah, Cindy) (Entered: 03/15/2010)

05/18/2010

65 

REPORT of Mediation (Niad Hannah, Cindy) (Entered: 05/18/2010)

05/21/2010

66 

MOTION to Withdraw as Attorney and Notice of Termination as Attorney for Defendant Jewett Schwartz Wolfe & Associates by Peter Michael Hoogerwoerd. by Jewett, Schwartz, Wolfe & Associates. Responses due by 6/7/2010 (Hoogerwoerd, Peter) (Entered: 05/21/2010)

05/21/2010

67 

NOTICE of Change of Address by Peter Michael Hoogerwoerd (Hoogerwoerd, Peter) (Entered: 05/21/2010)

05/28/2010

68 

Plaintiff's MOTION to Certify Class and Incorporated Memorandum of Law by Anthony Chiarenza. Responses due by 6/14/2010 (Attachments: # 1 Certification Certificate of Service, # 2 Exhibit Lead Plaintiffs' Counsel's Firm Resume, # 3 Exhibit Lead Plaintiffs' Liaison Counsel's Resume)(Rappaport, Abraham) (Entered: 05/28/2010)

06/11/2010

69 

Agreed MOTION for Extension of Time to File Response/Reply as to 68 Plaintiff's MOTION to Certify Class and Incorporated Memorandum of Law by Geoffrey Birch. (Weiss, Kraig) (Entered: 06/11/2010)

06/11/2010

70 

ORDER granting 66 Motion to Withdraw as Attorney. Attorney Peter Michael Hoogerwoerd terminated Deadline to obtain new counsel 6/21/2010.. Signed by Judge Patricia A. Seitz on 6/11/2010. (tb) (Entered: 06/14/2010)

06/11/2010

71 

ORDER granting 69 Motion for Extension of Time to File Response/Reply re 68 Plaintiff's MOTION to Certify Class and Incorporated Memorandum of Law Responses due by 6/21/2010. Signed by Judge Patricia A. Seitz on 6/11/2010. (tb) (Entered: 06/14/2010)

06/14/2010

72 

RESPONSE in Opposition re 68 Plaintiff's MOTION to Certify Class and Incorporated Memorandum of Law filed by Jewett, Schwartz, Wolfe & Associates. (Irwin, Gary) (Entered: 06/14/2010)

06/15/2010

73 

NOTICE of Attorney Appearance by Gary Richard Irwin on behalf of Jewett, Schwartz, Wolfe & Associates (Irwin, Gary) (Entered: 06/15/2010)

07/02/2010

74 

First MOTION for Extension of Time to File Response/Reply Reply in Support of 68 Motion for Class Certification by Anthony Chiarenza. (Rappaport, Abraham) Modified to reflect linkage and text on 7/6/2010 (ral). (Entered: 07/02/2010)

07/06/2010

75 

Clerks Notice to Filer re 74 First MOTION for Extension of Time to File Response/Reply Reply in Support of Motion for Class Certification. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ral) (Entered: 07/06/2010)

07/06/2010

76 

ORDER granting 74 Motion for Extension of Time to File Reply Replies due by 7/16/2010.. Signed by Judge Patricia A. Seitz on 7/6/2010. (ral) (Entered: 07/06/2010)

07/16/2010

77 

First MOTION for Extension of Time to File Response/Reply Brief in Support of Motion for Class Certification by Anthony Chiarenza. (Rappaport, Abraham) (Entered: 07/16/2010)

07/16/2010

78 

REPLY to Response to Motion re 68 Plaintiff's MOTION to Certify Class and Incorporated Memorandum of Law Class Certification Reply Brief pp. 1-8 filed by Anthony Chiarenza. (Attachments: # 1 Memorandum pp 9-14 of class cert reply brief, # 2 Exhibit expert CV, # 3 Affidavit expert affidavit)(Rappaport, Abraham) (Entered: 07/16/2010)

07/16/2010

79 

ORDER striking 68 Motion to Certify Class; denying as moot 77 Motion for Extension of Time to File Response/Reply. Signed by Judge Patricia A. Seitz on 7/16/2010. (tb) (Entered: 07/19/2010)

07/25/2010

80 

First MOTION for Reconsideration re 79 Order on Motion to Certify Class, Order on Motion for Extension of Time to File Response/Reply by Anthony Chiarenza. (Rappaport, Abraham). Added MOTION to Vacate 79 Order Striking 68 Motion for Class Certification on 7/26/2010 (ral). (Entered: 07/25/2010)

08/19/2010

81 

ORDER denying 80 Motion for Reconsideration ; denying 80 Motion to Vacate. Signed by Judge Patricia A. Seitz on 8/18/2010. (ebs) (Entered: 08/20/2010)

09/01/2010

82 

ORDER granting 46 Motion to Dismiss; granting 47 Motion to Dismiss. Signed by Judge Patricia A. Seitz on 9/1/2010. (ail) (Entered: 09/02/2010)

09/08/2010

83 

NOTICE of Change of Address by Kraig Scott Weiss (Weiss, Kraig) (Entered: 09/08/2010)

09/15/2010

84 

First MOTION for Extension of Time to Amend 82 Order on Motion to Dismiss, by Anthony Chiarenza. Responses due by 10/4/2010 (Rappaport, Abraham) (Entered: 09/15/2010)

09/15/2010

85 

RESPONSE in Opposition re 84 First MOTION for Extension of Time to Amend 82 Order on Motion to Dismiss, filed by Jewett, Schwartz, Wolfe & Associates. (Irwin, Gary) (Entered: 09/15/2010)

09/16/2010

86 

NOTICE by Geoffrey Birch re 85 Response in Opposition to Motion of Joinder (Weiss, Kraig) (Entered: 09/16/2010)

09/16/2010

87 

ORDER granting in part 84 Motion for Extension of Time to Amend. Signed by Judge Patricia A. Seitz on 9/16/2010. (ra) (Entered: 09/16/2010)

09/30/2010

88 

Second MOTION for Extension of Time to Amend 87 Order on Motion for Extension of Time to Amend, 1 Complaint by Anthony Chiarenza. Responses due by 10/18/2010 (Rappaport, Abraham) (Entered: 09/30/2010)

09/30/2010

89 

ORDER Granting Motion to Extend Deadline for Filing Amended Complaint; re 88 Second MOTION for Extension of Time to Amend (Amended Complaint due by 10/8/2010). Signed by Judge Patricia A. Seitz on 9/30/2010. (ral) (Entered: 10/01/2010)

10/08/2010

90 

STRICKEN First AMENDED COMPLAINT against Geoffrey Birch, IBSG International, Inc., Michael Rivers filed in response to Order Granting Motion for Leave, filed by Anthony Chiarenza. (Attachments: # 1 Certification Certificate of Service)(Rappaport, Abraham) Modified on 10/12/2010 (ls). (Stricken per DE #94) (Entered: 10/08/2010)

10/08/2010

91 

STRICKEN First MOTION for Extension of Time to Complete Discovery by Anthony Chiarenza. (Attachments: # 1 Certification Certificate of Service)(Rappaport, Abraham) Modified on 10/12/2010 (ls). (Stricken per DE #95) (Entered: 10/08/2010)

10/12/2010

92 

Clerks Notice to Filer re 90 Amended Complaint. Parties Not Added; ERROR - The Filer failed to add all parties indicated on [de#90]. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. (ls) (Entered: 10/12/2010)

10/12/2010

93 

VACATED ORDER TO SHOW CAUSE why sanctions should not be imposed for failure to comply with the Court's Local Rules. Show Cause Response due by 10/18/2010.. Signed by Judge Patricia A. Seitz on 10/12/2010. (ls) Modified on 10/20/2010 (ls). (Vacated per DE # 99 ) (Entered: 10/12/2010)

10/12/2010

94 

ORDER STRIKING 90 Amended Complaint filed by Anthony Chiarenza. Second Amended Complaint due 10/14/2010 at noon. Signed by Judge Patricia A. Seitz on 10/12/2010. (ls) (Entered: 10/12/2010)

10/12/2010

95 

ORDER striking 91 Motion for Extension of Time to Complete Discovery. Signed by Judge Patricia A. Seitz on 10/12/2010. (ls) (Entered: 10/12/2010)

10/18/2010

96 

RESPONSE TO ORDER TO SHOW CAUSE by Anthony Chiarenza. (Rappaport, Abraham) (Entered: 10/18/2010)

10/18/2010

97 

First MOTION for Reconsideration re 94 Order Striking Amended Complaint by Anthony Chiarenza. (Attachments: # 1 Exhibit SDNY Order Appointing Lead Plaintiffs)(Rappaport, Abraham). Added MOTION for Leave to File Second Amended Complaint including all Court-Appointed Lead Plaintiffs on 10/19/2010 (ls). (Entered: 10/18/2010)

10/19/2010

98 

Clerks Notice to Filer re 97 First MOTION for Reconsideration re 94 Order Striking Amended Complaint. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 10/19/2010)

10/20/2010

99 

ORDER VACATING 93 Order to Show Cause. Signed by Judge Patricia A. Seitz on 10/20/2010. (ls) (Entered: 10/20/2010)

10/29/2010

100 

Plaintiff's MOTION for Appearance Ad Hoc of Attorney Elizabeth Berney and to Receive Electronic Notices and Filings by Anthony Chiarenza. (Rappaport, Abraham) (Entered: 10/29/2010)

10/29/2010

101 

Clerks Notice to Filer re 100 Plaintiff's MOTION for Appearance Ad Hoc of Attorney Elizabeth Berney and to Receive Electronic Notices and Filings. CORRECTIVE ACTION REQUIRED: The Filer must file a Notice of Striking, then file the original Motion to Appear Pro Hac Vice along with the applicable filing fee in the conventional paper format as required in the CM/ECF Administrative Procedures. (cw) (Entered: 10/29/2010)

10/29/2010

102 

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Elizabeth Berney. Filing Fee $ 75. Receipt # 632. (Attachments: # 1 Text of Proposed Order)(cw) (Entered: 10/29/2010)

11/01/2010

103 

Clerks Notice to Filer re 100 Plaintiff's MOTION for Appearance Ad Hoc of Attorney Elizabeth Berney and to Receive Electronic Notices and Filings. CORRECTIVE ACTION REQUIRED: The Filer must file a Notice of Striking, then file the original Motion to Appear Pro Hac Vice along with the applicable filing fee in the conventional paper format as required in the CM/ECF Administrative Procedures. (ls) (Entered: 11/01/2010)

11/02/2010

104 

ORDER granting in part, denying in part 102 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing and Directing Addition to Docket to Receive Notices of Electronic Filing Signed by Judge Patricia A. Seitz on 11/2/2010. (ls) Modified on 11/2/2010 (ls). (Entered: 11/02/2010)

11/08/2010

105 

ORDER denying 97 Motion for Reconsideration re 94 Order Striking ; denying 97 Motion for Leave to File Second Amended Complaint including all Court-Appointed Lead Plaintiffs; Plaintiff Chiarenza, only, shall file a Second Amended Complaint by 11/15/2010. Signed by Judge Patricia A. Seitz on 11/8/2010. (ls) (Entered: 11/09/2010)

11/15/2010

106 

Second AMENDED COMPLAINT against Geoffrey Birch, IBSG International, Inc., Jewett, Schwartz, Wolfe & Associates, Michael Rivers filed in response to Order Granting Motion for Leave, filed by Anthony Chiarenza.(Rappaport, Abraham) (Entered: 11/15/2010)

11/16/2010

107 

Clerks Notice to Filer re 106 Amended Complaint. Parties Not Added; ERROR - The Filer failed to add all parties indicated on [de#]. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. (tp) (Entered: 11/16/2010)

12/01/2010

108 

Agreed MOTION for Extension of Time to File Response/Reply as to 106 Second AMENDED COMPLAINT by Geoffrey Birch. (Weiss, Kraig) Modified Relief on 12/2/2010 (ls). (Entered: 12/01/2010)

12/02/2010

109 

Clerks Notice to Filer re 108 Agreed MOTION for Extension of Time to File Response to Second Amended Complaint. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 12/02/2010)

12/02/2010

110 

ORDER granting 108 Agreed Motion for Extension of Time to File Response/Reply as to 106 Second AMENDED COMPLAINT. Responses due by 12/6/2010. Signed by Judge Patricia A. Seitz on 12/2/2010. (ls) (Entered: 12/02/2010)

12/06/2010

111 

Agreed MOTION for Extension of Time to File Response/Reply as to 106 Amended Complaint by Geoffrey Birch. (Weiss, Kraig). Added MOTION for Extension of Time to File/Prepare Settlement Documents on 12/7/2010 (ls). Modified Link on 12/7/2010 (ls). (Entered: 12/06/2010)

12/07/2010

112 

Clerks Notice to Filer re 111 Agreed MOTION for Extension of Time to File Response/Reply as to 110 Order on Motion for Extension of Time to File Response/Reply, 106 Amended Complaint and to Prepare Settlement Doduments. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 12/07/2010)

12/07/2010

113 

ORDER granting 111 Agreed Motion for Extension of Time to File Response/Reply as to 106 Second AMENDED COMPLAINT ( Responses due by 12/13/2010. Signed by Judge Patricia A. Seitz on 12/7/2010. (ls) (Entered: 12/08/2010)

12/23/2010

114 

ORDER TO SHOW CAUSE why a Clerk's Default should not be entered against Defendant Geoffrey Birch for his failure to respond to the Second Amended Complanit and for failure to comply with the Court's December 7, 2010 Order. Show Cause Response due by 1/7/2011.. Signed by Judge Patricia A. Seitz on 12/23/10. (mg) (Entered: 12/23/2010)

12/23/2010

115 

NOTICE of Settlement Notice of Filing Fully Executed Settlement Agreement by Geoffrey Birch (Weiss, Kraig) (Entered: 12/23/2010)

01/03/2011

116 

Notice of Court Practice on Notice of Settlement; The parties shall file their stipulation of dismissal on or before 1/28/11. Case is Closed. Signed by Judge Patricia A. Seitz on 1/3/2011. (mg) (Entered: 01/04/2011)

01/28/2011

117 

NOTICE of Partial Settlement and MOTION for Extension of Time to File/Complete Stipulation Documenting Settlement with defendant Jewett, Schwartz, Wolfe & Associates by Anthony Chiarenza (Rappaport, Abraham) Modified to convert document to a motion on 1/31/2011 (ls). (Entered: 01/28/2011)

01/31/2011

118 

Clerks Notice to Filer re 117 Notice (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 01/31/2011)

01/31/2011

119 

ORDER granting 117 Motion for Extension of Time to File; The parties shall file their stipulation of dismissal by 2/11/11. Signed by Judge Patricia A. Seitz on 1/31/11. (mg) (Entered: 02/01/2011)

02/17/2011

120 

ORDER TO SHOW CAUSE why this case should not be dismissed with prejudice. Show Cause Response due by 2/28/2011.. Signed by Judge Patricia A. Seitz on 2/17/2011. (ls) (Entered: 02/17/2011)

03/01/2011

121 

ORDER Dismissning Case With Prejudice. Signed by Judge Patricia A. Seitz on 3/1/2011. (mg) (Entered: 03/01/2011)

 

 

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