US District Court Civil Docket as of 12/10/2010

Retrieved from the court on 15 December 2010

 

U.S. District Court
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:09-cv-00200-PAB -CBS


In re Level 3 Communications, Inc. Securities Litigation
Assigned to: Judge Philip A. Brimmer
Referred to: Magistrate Judge Craig B. Shaffer
Member case: (View Member Case)
Cause: 15:78 Securities Exchange Act


Date Filed: 02/02/2009
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Plaintiff

 

Adam Skaggs
Individually and On Behalf of All Others Similarly Situated

represented by

Kip Brian Shuman
Shuman Law Firm, The
885 Arapahoe Avenue
Boulder, CO 80302
303-861-3003
Fax: 303-484-4886
Email: kip@shumanlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Rusty Evan Glenn
Shuman Law Firm, The
885 Arapahoe Avenue
Boulder, CO 80302
303-861-3003
Fax: 303- 484-4886
Email: rusty@shumanlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

William A. Poppo
(Lead)

represented by

Albert Y. Chang
Johnson Bottini, LLP
501 West Broadway
#1720
San Diego, CA 92101
619-230-0063
Fax: 619-233-5535
Email: albertc@johnsonbottini.com
ATTORNEY TO BE NOTICED

Francis A. Bottini , Jr.
Johnson Bottini, LLP
501 West Broadway
#1720
San Diego, CA 92101
619-230-0063
Fax: 619-238-5535
Email: frankb@johnsonbottini.com
ATTORNEY TO BE NOTICED

Henry Rosen
Robbins Geller Rudman & Dowd, LLP-San Diego
655 West Broadway
#1900
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: henryr@rgrdlaw.com

Jeffrey Allen Berens
Dyer & Berens, LLP
303 East 17th Avenue
#300
Denver, CO 80203
303-861-1764
Fax: 303-395-0393
Email: jeff@dyerberens.com
ATTORNEY TO BE NOTICED

Julie A. Kearns
Robbins Geller Rudman & Dowd, LLP-San Diego
655 West Broadway
#1900
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: jkearns@rgrdlaw.com

Kristin A. Knudson
Dyer & Berens, LLP
303 East 17th Avenue
#300
Denver, CO 80203
303-861-1764
Fax: 303-395-0393
Email: kristin@dyerberens.com
TERMINATED: 11/29/2010

Laurie L. Largent
Robbins Geller Rudman & Dowd, LLP-San Diego
655 West Broadway
#1900
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: llargent@rgrdlaw.com

Trig Randall Smith
Robbins Geller Rudman & Dowd, LLP-San Diego
655 West Broadway
#1900
San Diego, CA 92101
619-231-1058
Fax: 619-231-7423
Email: trigs@rgrdlaw.com

 

 

 


V.

 

 

Consol Plaintiff

 

 

John S. Burke
Individually and on behalf of all others similarly situated

represented by

Jeffrey Allen Berens
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert J. Dyer , III
Dyer & Berens, LLP
303 East 17th Avenue
#300
Denver, CO 80203
303-861-1764
Fax: 303-395-0393
Email: bob@dyerberens.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Henry Rosen
(See above for address)
ATTORNEY TO BE NOTICED

Julie A. Kearns
(See above for address)
ATTORNEY TO BE NOTICED

Kristin A. Knudson
(See above for address)
TERMINATED: 11/29/2010

Laurie L. Largent
(See above for address)
ATTORNEY TO BE NOTICED

Trig Randall Smith
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Consol Plaintiff

 

 

Marilyn A. Ides
Individually and on behalf of all others similarly situated

represented by

Kip Brian Shuman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Rusty Evan Glenn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Consol Plaintiff

 

 

Jennifer Ross

represented by

Kip Brian Shuman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Rusty Evan Glenn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Level 3 Communications, Inc.

represented by

Lon Angelo Licata
Level 3 Communications, LLC
1025 Eldorado Boulevard
Broomfield, CO 80021
720-888-2533
Fax: 720-888-5619
Email: lon.licata@level3.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Brian Neil Hoffman
U.S. Securities & Exchange Commission-Chicago
175 West Jackson Boulevard
#900
Chicago, IL 60604-2511
312-353-7390
Email: brian.hoffman33@gmail.com
TERMINATED: 07/01/2010

Jordan D. Eth
Morrison & Foerster, LLP-San Francisco
425 Market Street
San Francisco, CA 94105-2482
415-268-7126
Fax: 415-268-7522
Email: jeth@mofo.com

Scott F. Llewellyn
Morrison & Foerster, LLP-Denver
370 17th Street
Republic Plaza
#5200
Denver, CO 80202-5638
303-592-1500
Fax: 303-592-1510
Email: sllewellyn@mofo.com
ATTORNEY TO BE NOTICED

Steven M. Kaufmann
Morrison & Foerster, LLP-Denver
370 17th Street
Republic Plaza
#5200
Denver, CO 80202-5638
303-592-1500
Fax: 303-592-1510
Email: skaufmann@mofo.com
TERMINATED: 05/14/2010

 

 

 

Defendant

 

 

Kevin J. O'Hara

represented by

Lon Angelo Licata
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Brian Neil Hoffman
(See above for address)
TERMINATED: 07/01/2010

Jordan D. Eth
(See above for address)

Scott F. Llewellyn
(See above for address)
ATTORNEY TO BE NOTICED

Steven M. Kaufmann
(See above for address)
TERMINATED: 05/14/2010

 

 

 

Defendant

 

 

James Q. Crowe

represented by

Lon Angelo Licata
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Brian Neil Hoffman
(See above for address)
TERMINATED: 07/01/2010

Jordan D. Eth
(See above for address)

Scott F. Llewellyn
(See above for address)
ATTORNEY TO BE NOTICED

Steven M. Kaufmann
(See above for address)
TERMINATED: 05/14/2010

 

 

 

Defendant

 

 

Sunit S. Patel

represented by

Lon Angelo Licata
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Brian Neil Hoffman
(See above for address)
TERMINATED: 07/01/2010

Jordan D. Eth
(See above for address)
ATTORNEY TO BE NOTICED

Scott F. Llewellyn
(See above for address)
ATTORNEY TO BE NOTICED

Steven M. Kaufmann
(See above for address)
TERMINATED: 05/14/2010

 

 

 

Defendant

 

 

Eric J. Mortensen

represented by

Lon Angelo Licata
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Brian Neil Hoffman
(See above for address)
TERMINATED: 07/01/2010

Jordan D. Eth
(See above for address)

Steven M. Kaufmann
(See above for address)
TERMINATED: 05/14/2010

 

 

 

Defendant

 

 

Walter Scott, Jr.

represented by

Brian Neil Hoffman
(See above for address)
TERMINATED: 07/01/2010

Jordan D. Eth
(See above for address)

Scott F. Llewellyn
(See above for address)
ATTORNEY TO BE NOTICED

Steven M. Kaufmann
(See above for address)
TERMINATED: 05/14/2010

 

 

 

Defendant

 

 

Charles Buddy C. Miller, III

represented by

Brian Neil Hoffman
(See above for address)
TERMINATED: 07/01/2010

Jordan D. Eth
(See above for address)

Scott F. Llewellyn
(See above for address)
ATTORNEY TO BE NOTICED

Steven M. Kaufmann
(See above for address)
TERMINATED: 05/14/2010

 

 

 

Interested Party

 

 

Carl Kiefer, Sr.

represented by

David P. Hersh
Burg, Simpson, Eldredge, Hersh & Jardine, PC-Englewood
40 Inverness Drive East
Englewood, CO 80112-2866
303-792-5595
Fax: 303-708-0527
Email: dhersh@burgsimpson.com
TERMINATED: 05/25/2010

Jeffrey Robert Krinsk
Finklestein & Krinsk
501 West Broadway
The Koll Center
#1250
San Diego, CA 92101-3579
619-238-1333
Fax: 619-238-5425
Email: jrk@classactionlaw.com
ATTORNEY TO BE NOTICED

Seth Alan Katz
Burg, Simpson, Eldredge, Hersh & Jardine, PC-Englewood
40 Inverness Drive East
Englewood, CO 80112-2866
303-792-5595
Fax: 303-708-0527
Email: skatz@burgsimpson.com
TERMINATED: 05/25/2010

 

 

 

Interested Party

 

 

Carl Kiefer, Jr.

represented by

David P. Hersh
(See above for address)
TERMINATED: 05/25/2010

Jeffrey Robert Krinsk
(See above for address)
ATTORNEY TO BE NOTICED

Seth Alan Katz
(See above for address)
TERMINATED: 05/25/2010

 

 

 

Interested Party

 

 

Southeastern Pennsylvania Transportation Authority

represented by

Kip Brian Shuman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Rusty Evan Glenn
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Interested Party

 

 

Dennis Elko

represented by

Kip Brian Shuman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Rusty Evan Glenn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Interested Party

 

 

Douglas B. Nedry

represented by

Kip Brian Shuman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Rusty Evan Glenn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

02/02/2009

1 

Class Action COMPLAINT for Violations of the Federal Securities Laws and Jury Demand against Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel ( Filing fee $ 350, Receipt Number COX016247) Summons issued, filed by Adam Skaggs. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(llk, ) (Entered: 02/03/2009)

02/03/2009

2 

MEMORANDUM RETURNING CASE for reassignment by Senior District Judge Miller. (sah, ) (Entered: 02/03/2009)

02/04/2009

3 

LETTER REASSIGNING CASE. Case reassigned to Judge Philip A. Brimmer for all further proceedings. Judge Walker D. Miller no longer assigned to the case. (sah, ) (Entered: 02/04/2009)

02/06/2009

4 

ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer by Judge Philip A. Brimmer on 2/6/09. (pabsec) (Entered: 02/06/2009)

02/09/2009

5 

SUMMONS Returned Executed by Adam Skaggs. Level 3 Communications, Inc. served on 2/5/2009, answer due 2/25/2009. (Glenn, Rusty) (Entered: 02/09/2009)

02/13/2009

6 

NOTICE OF CASE ASSOCIATION by Plaintiff Adam Skaggs (Glenn, Rusty) (Entered: 02/13/2009)

02/18/2009

7 

STIPULATED MOTION For Extension of Time to Respond to the 1 Complaint by Plaintiff Adam Skaggs. (Attachments: # 1 Proposed Order (PDF Only))(Glenn, Rusty) (Modified on 2/19/2009 to add linkage to the Complaint) (erv, ). (Entered: 02/18/2009)

02/24/2009

8 

WAIVER OF SERVICE Returned Executed by Adam Skaggs. James Q. Crowe waiver sent on 2/19/2009, answer due 4/20/2009. (Glenn, Rusty) (Entered: 02/24/2009)

02/24/2009

9 

WAIVER OF SERVICE Returned Executed by Adam Skaggs. Sunit S. Patel waiver sent on 2/19/2009, answer due 4/20/2009. (Glenn, Rusty) (Entered: 02/24/2009)

02/24/2009

10 

WAIVER OF SERVICE Returned Executed by Adam Skaggs. Kevin J. O'Hara waiver sent on 2/19/2009, answer due 4/20/2009. (Glenn, Rusty) (Entered: 02/24/2009)

02/24/2009

11 

WAIVER OF SERVICE Returned Executed by Adam Skaggs. Eric J. Mortensen waiver sent on 2/19/2009, answer due 4/20/2009. (Glenn, Rusty) (Entered: 02/24/2009)

02/24/2009

12 

ORDER 09-cv-00200-PAB-CBS, 09-cv-00215-MSK, and 09-cv-00296-MSK-MEH,shall be consolidated for all purposes. 09-cv-00215 and 09-cv-00296 shall be referred to Magistrate Judge Craig B. Shaffer, by Judge Philip A. Brimmer on 2/24/09. (ebs, ) (Entered: 02/24/2009)

02/24/2009

13 

MINUTE ORDER granting in part 7 Stipulated Motion for Extension of Time to Respond to the Complaints. Defendants in the consolidated actions have up to and including 4/20/09 to answer or otherwise respond to the complaints in the consolidated actions. Memorandum of Reference of the stipulated Motion for Extension of Time in 09-cv-00296 is withdrawn and the motion is no longer referred to Magistrate Judge Hegarty. Scheduling Conference set for 4/20/09 in 09-cv-00296 is vacated, by Judge Philip A. Brimmer on 2/24/09.(ebs, ) (Entered: 02/24/2009)

02/24/2009

14 

Utility Setting/Resetting Deadlines/Hearings: Level 3 Communications, Inc. answer due 4/20/2009, pursuant to the Minute Order of 2/24/09. Text only entry - no document attached. (ebs, ) (Entered: 02/24/2009)

02/27/2009

15 

MINUTE ORDER Status Conference set for 4/6/2009 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, by Magistrate Judge Craig B Shaffer on 2/27/09. (ebs, ) (Entered: 02/27/2009)

03/16/2009

16 

NOTICE of Entry of Appearance by Steven M. Kaufmann on behalf of all defendants (Kaufmann, Steven) (Entered: 03/16/2009)

03/16/2009

17 

NOTICE of Entry of Appearance by Brian Neil Hoffman on behalf of all defendants (Hoffman, Brian) (Entered: 03/16/2009)

03/19/2009

18 

NOTICE of Entry of Appearance by Rusty Evan Glenn on behalf of Adam Skaggs, Marilyn A. Ides (Glenn, Rusty) (Entered: 03/19/2009)

03/20/2009

19 

Joint MOTION For Extension of Time , Set Briefing Schedule, and Vacate Status Conference by Defendants Eric J. Mortensen, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel. (Attachments: # 1 Proposed Order (PDF Only))(Kaufmann, Steven) (Entered: 03/20/2009)

03/20/2009

20 

MEMORANDUM regarding 19 Joint MOTION For Extension of Time , Set Briefing Schedule, and Vacate Status Conference filed by Sunit S. Patel, James Q. Crowe, Eric J. Mortensen, Kevin J. O'Hara, Level 3 Communications, Inc. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Philip A. Brimmer on 3/20/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (pabsec) (Entered: 03/20/2009)

03/23/2009

21 

MINUTE ORDER denying 19 Joint Motion to Extend Time, Set Briefing Schedule, and Vacate Status Conference, to the extent that the parties wish to reset the 4/6/09 hearing. Court will address the remaining issues raised in the motion during the Status Conference on 4/6/09 at 9:15 am in Courtroom A-402 before Magistrate Judge Shaffer, by Magistrate Judge Craig B Shaffer on 3/23/09.(ebs, ) (Entered: 03/24/2009)

04/01/2009

22 

CORPORATE DISCLOSURE STATEMENT by Defendant Level 3 Communications, Inc... (Hoffman, Brian) (Entered: 04/01/2009)

04/03/2009

23 

NOTICE OF CASE ASSOCIATION by Consol Plaintiff Marilyn A. Ides and Plaintiff Adam Skaggs (Glenn, Rusty) Modified on 4/8/2009 to correct the filers (ebs, ). (Entered: 04/03/2009)

04/03/2009

24 

NOTICE of Entry of Appearance by David P. Hersh on behalf of Carl Kiefer, Sr, Carl Kiefer, Jr (Hersh, David) (Entered: 04/03/2009)

04/03/2009

25 

NOTICE of Entry of Appearance by Seth Alan Katz on behalf of Carl Kiefer, Sr, Carl Kiefer, Jr (Katz, Seth) (Entered: 04/03/2009)

04/06/2009

26 

MOTION to Appoint Counsel by Interested Parties Carl Kiefer, Sr, Carl Kiefer, Jr. (Attachments: # 1 Proposed Order (PDF Only) Re: Appointment of Kieffer Family as Lead Plaintiff and Approval of Lead Counsel)(Katz, Seth) (Entered: 04/06/2009)

04/06/2009

27 

BRIEF in Support re 26 MOTION to Appoint Counsel filed by Interested Parties Carl Kiefer, Sr, Carl Kiefer, Jr. (Katz, Seth) (Entered: 04/06/2009)

04/06/2009

28 

DECLARATION of Seth A. Katz regarding MOTION to Appoint Counsel 26 by Interested Parties Carl Kiefer, Sr, Carl Kiefer, Jr. (Attachments: # 1 Exhibit A-G to Declaration of Seth A. Katz in Support of Motion of Kieffer Family for Appt. as Lead Plaintiff and Approval of Lead Counsel)(Katz, Seth) (Entered: 04/06/2009)

04/06/2009

29 

MINUTE ORDER denying without prejudice 26 Motion for Appointment as Lead Plaintiff, for failure to comply with the provisions of D.C.COLO.LCivR 7.1A (Duty to Confer) and my Practice Standards (Civil Cases), § III.B.1 (Motions that are untimely, noncomplying, or filed without a certification pursuant to D.C.COLO.LCivR 7.1A may be denied without prejudice or stricken sua sponte.), with leave to refile by 5:00 p.m. Wednesday April 8, 2009, by Judge Philip A. Brimmer on 4/6/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (pabsec) (Entered: 04/06/2009)

04/06/2009

30 

NOTICE of Entry of Appearance by Jeffrey Allen Berens on behalf of William A. Poppo (Berens, Jeffrey) (Entered: 04/06/2009)

04/06/2009

31 

MOTION to Appoint Counsel and for appointment as lead plaintiff by Interested Party William A. Poppo. (Attachments: # 1 Proposed Order (PDF Only))(Berens, Jeffrey) (Entered: 04/06/2009)

04/06/2009

32 

MOTION for Appointment AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF CO-LEAD COUNSEL AND LIAISON COUNSEL by Interested Parties Southeastern Pennsylvania Transportation Authority, Dennis Elko, and Douglas B. Nedry. (Attachments: # 1 Proposed Order (PDF Only), # 2 Exhibit Ex. A, # 3 Exhibit Ex. B, # 4 Exhibit Ex. C, # 5 Exhibit Ex. D, # 6 Exhibit Ex. E)(Glenn, Rusty) Modified on 4/7/2009 to fix the filers pursuant to the request of counsel (ebs, ). (Entered: 04/06/2009)

04/06/2009

33 

DECLARATION of Jeffrey A. Berens regarding MOTION to Appoint Counsel and for appointment as lead plaintiff 31 by Interested Party William A. Poppo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Berens, Jeffrey) (Entered: 04/06/2009)

04/06/2009

43 

Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Status Conference held on 4/6/2009. Any orders setting 4/20/09 as the date to answer or otherwise respond to the complaints in the consolidated actions are vacated. No further briefing schedule will be set at this time. Within 72 hours of a decision appointing lead counsel for plaintiffs, counsel for the parties shall contact Magistrate Judge Shaffers chambers to schedule an expedited status conference. At that status conference the court will set a deadline for filing an amended complaint and will set a briefing schedule. (Court Reporter FTR- Linda Kahoe.) (ebs, ) (Entered: 04/09/2009)

04/07/2009

34 

NOTICE of Entry of Appearance by Rusty Evan Glenn on behalf of Southeastern Pennsylvania Transportation Authority, Dennis Elko and Douglas B. Nedry (Glenn, Rusty) Modified on 4/8/2009 to add Elko and Nedry as filers. (gmssl, ). (Entered: 04/07/2009)

04/07/2009

35 

Docket Annotation re: 32 MOTION for Appointment AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF CO-LEAD COUNSEL AND LIAISON COUNSEL. This motion was modified to fix the filers pursuant to the request of counsel. Text only entry - no document attached (ebs, ) (Entered: 04/07/2009)

04/07/2009

36 

MOTION to Appoint Counsel as Lead Counsel by Interested Parties Carl Kiefer, Sr, Carl Kiefer, Jr. (Attachments: # 1 Proposed Order (PDF Only) Re: Appointment of Kiefer Family as Lead Plaintiff and Approval of Lead Counsel)(Katz, Seth) (Entered: 04/07/2009)

04/07/2009

37 

CERTIFICATE OF COMPLIANCE with Local Rule 7.1A Duty to Confer re 36 MOTION to Appoint Counsel as Lead Counsel by Interested Parties Carl Kiefer, Sr, Carl Kiefer, Jr. (Katz, Seth) (Entered: 04/07/2009)

04/07/2009

38 

BRIEF in Support re 36 MOTION to Appoint Counsel as Lead Counsel filed by Interested Parties Carl Kiefer, Sr, Carl Kiefer, Jr. (Katz, Seth) (Entered: 04/07/2009)

04/07/2009

39 

DECLARATION of Seth A. Katz regarding MOTION to Appoint Counsel as Lead Counsel 36 by Interested Parties Carl Kiefer, Sr, Carl Kiefer, Jr. (Attachments: # 1 Exhibit A-G to Declaration of Seth A. Katz)(Katz, Seth) (Entered: 04/07/2009)

04/07/2009

40 

ORDER CONSOLIDATING CASES Civil Action No. 09-cv-00606-JLK, shall be consolidated for all purposes with the instant action, shall be assigned to Judge Philip A. Brimmer, and shall hereafter be referred to Magistrate Judge Craig B. Shaffer, by Judge Philip A. Brimmer on 4/7/09. (ebs, ) (Entered: 04/07/2009)

04/07/2009

41 

MINUTE ORDER re: Motions for appointment as lead plaintiff and approval of lead counsel in this consolidated action ( 31 , 32 , and 36 ). Any responses to the motions for appointment as lead plaintiff and approval of lead counsel shall be filed on or before 4/14/09. Any replies in support of such motions shall be filed on or before 4/17/09, by Judge Philip A. Brimmer on 4/7/09. (ebs, ) (Entered: 04/07/2009)

04/08/2009

42 

Docket Annotation re: 34 Notice of Entry of Appearance. This docket entry was modified to add Elko and Nedry as filers. Text only entry - no document attached. (gmssl, ) (Entered: 04/08/2009)

04/14/2009

44 

RESPONSE to Motion re 31 MOTION to Appoint Counsel and for appointment as lead plaintiff, 32 MOTION for Appointment AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF CO-LEAD COUNSEL AND LIAISON COUNSEL, 36 MOTION to Appoint Counsel as Lead Counsel filed by Defendants Eric J. Mortensen, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel. (Attachments: # 1 Pages Unpublished Opinion)(Hoffman, Brian) (Entered: 04/14/2009)

04/14/2009

45 

RESPONSE to Motion re 31 MOTION to Appoint Counsel and for appointment as lead plaintiff, 32 MOTION for Appointment AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF CO-LEAD COUNSEL AND LIAISON COUNSEL filed by Interested Parties Carl Kiefer, Sr, Carl Kiefer, Jr. (Katz, Seth) (Entered: 04/14/2009)

04/14/2009

46 

RESPONSE to Motion re 31 MOTION to Appoint Counsel and for appointment as lead plaintiff, 36 MOTION to Appoint Counsel as Lead Counsel filed by Interested Parties Southeastern Pennsylvania Transportation Authority, Dennis Elko, Douglas B. Nedry. (Attachments: # 1 Exhibit, # 2 Exhibit)(Glenn, Rusty) (Entered: 04/14/2009)

04/14/2009

47 

REPLY to Response to Motion re 31 MOTION to Appoint Counsel and for appointment as lead plaintiff filed by Interested Party William A. Poppo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Berens, Jeffrey) (Entered: 04/14/2009)

04/15/2009

48 

Docket Annotation re: 47 Reply to Response to Motion. Counsel used the incorrect event and has been asked to re-file this document as a Response to Motion. Text only entry - no document attached. (ebs, ) (Entered: 04/15/2009)

04/15/2009

49 

RESPONSE to Motion re 32 MOTION for Appointment AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFFS SELECTION OF CO-LEAD COUNSEL AND LIAISON COUNSEL, 36 MOTION to Appoint Counsel as Lead Counsel filed by Interested Party William A. Poppo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Berens, Jeffrey) (Entered: 04/15/2009)

04/17/2009

50 

REPLY to Response to Motion re 36 MOTION to Appoint Counsel as Lead Counsel, 26 MOTION to Appoint Counsel as Lead Plaintiff and Approval of Selection of Lead Counsel filed by Interested Parties Carl Kiefer, Sr, Carl Kiefer, Jr. (Katz, Seth) (Entered: 04/17/2009)

04/17/2009

51 

REPLY to Response to Motion re 32 MOTION to Appoint Counsel filed by Interested Parties Southeastern Pennsylvania Transportation Authority, Dennis Elko, Douglas B. Nedry. (Glenn, Rusty) Modified on 4/22/2009 to correct linkage (gms, ). (Entered: 04/17/2009)

04/17/2009

52 

DECLARATION of Michael Goldberg regarding Reply to Response to Motion, 51 by Interested Parties Southeastern Pennsylvania Transportation Authority, Dennis Elko, Douglas B. Nedry. (Attachments: # 1 Exhibit, # 2 Exhibit)(Glenn, Rusty) (Entered: 04/17/2009)

04/17/2009

53 

REPLY to Response to Motion re 31 MOTION to Appoint Counsel and for appointment as lead plaintiff filed by Interested Party William A. Poppo. (Berens, Jeffrey) (Entered: 04/17/2009)

05/04/2009

54 

ORDER APPOINTING LEAD PLAINTIFF Granting in part 31 William A. Poppo's Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel. The motion is granted to the extent that it requests appointment of Mr. Poppo as lead plaintiff. The Court defers ruling on the portion of the motion requesting approval of lead counsel selected by Mr. Poppo. Denying 32 Level 3 Plaintiffs Group's Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel. Denying 36 Kiefer Family's Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel. Mr. Poppo shall submit briefing to the Court on or before 5/11/09 addressing selection and approval of counsel in this action, consistent with this Order, by Judge Philip A. Brimmer on 5/4/09.(ebs, ) (Entered: 05/04/2009)

05/11/2009

55 

RESPONSE to 54 Order on Motion to Appoint Counsel,,,, Order on Motion for Appointment,,,,,,, by Plaintiff William A. Poppo. (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)(Berens, Jeffrey) (Entered: 05/11/2009)

05/15/2009

56 

NOTICE of Entry of Appearance by Trig Randall Smith on behalf of William A. Poppo, John S. Burke (Smith, Trig) (Entered: 05/15/2009)

05/18/2009

57 

MOTION for Reconsideration re 54 Order on Motion to Appoint Counsel,,,, Order on Motion for Appointment,,,,,,, by Interested Parties Southeastern Pennsylvania Transportation Authority, Dennis Elko, Douglas B. Nedry. (Shuman, Kip) (Entered: 05/18/2009)

05/19/2009

58 

MINUTE ORDER re: 31 Lead Plaintiff William A. Poppo's Motion for Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel. Pursuant to 15 U.S.C. § 78u-4(a)(3)(B)(v), lead plaintiff William A. Poppos selection of lead and liaison counsel is approved. Coughlin Stoia Geller Rudman & Robbins LLP and Johnson Bottini, LLP shall serve as co-lead counsel and Dyer & Berens LLP shall serve as liaison counsel in this consolidated action, by Judge Philip A. Brimmer on 5/19/09. (ebs, ) (Entered: 05/19/2009)

05/27/2009

59 

MINUTE ORDER setting telephonic Status Conference for 5/28/2009 at 4:00 PM before Magistrate Judge Craig B. Shaffer. Counsel shall coordinate to create a conference call among themselves before contacting the Court (303.844.2117) at the scheduled time. By Magistrate Judge Craig B. Shaffer on 5/27/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 05/27/2009)

05/28/2009

60 

NOTICE of Entry of Appearance by Julie A. Kearns on behalf of William A. Poppo, John S. Burke (Kearns, Julie) (Entered: 05/28/2009)

05/28/2009

62 

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer. Status Conference held on 5/28/2009. ORDERED - The current lead plaintiff shall file a Proposed Amended Complaint in the consolidated actions on or before June 27, 2009. The alternative plaintiff group shall have 15 days from the filing of the Proposed Amended Complaint to file written objections. The current plaintiff group shall then have 10 days to respond to any written objections. Any action by defendants is stayed pending a decision by this court as to whether or not the amended complaint will be accepted. (Court Reporter FTR - Linda Kahoe) (cbscd) (Entered: 06/02/2009)

05/29/2009

61 

ORDER denying 57 Southeastern Pennsylvania Transportation Authority, Dennis Elko, and Douglas B. Nedry's Motion for Reconsideration, by Judge Philip A. Brimmer on 5/29/09.(ebs, ) (Entered: 05/29/2009)

06/04/2009

63 

MINUTE ORDER re: 61 Order. ORDERED that the lead plaintiff shall file an amended complaint no later than June 29, 2009. Defendants shall have thirty (30) days thereafter to answer or otherwise respond. By Magistrate Judge Craig B. Shaffer on 6/4/09. (cbssec) (Entered: 06/04/2009)

06/04/2009

64 

NOTICE of Entry of Appearance by Laurie L. Largent on behalf of William A. Poppo, John S. Burke (Largent, Laurie) (Entered: 06/04/2009)

06/11/2009

65 

NOTICE of Entry of Appearance by Kristin A. Martinez on behalf of William A. Poppo, John S. Burke (Martinez, Kristin) (Entered: 06/11/2009)

06/17/2009

66 

NOTICE of Entry of Appearance by Henry Rosen on behalf of William A. Poppo, John S. Burke (Rosen, Henry) (Entered: 06/17/2009)

06/19/2009

67 

TRANSCRIPT of Telephonic Status Conference held on 05/28/09 before Magistrate Judge Shaffer. Pages: 1-20.

NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.

Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 9/17/2009. (Avery Woods Reporting, ) (Entered: 06/19/2009)

06/29/2009

68 

AMENDED COMPLAINT CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS AND JURY DEMAND against Walter Scott, Jr, Charles Buddy C. Miller, III, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel, filed by William A. Poppo.(Rosen, Henry) (Entered: 06/29/2009)

07/08/2009

69 

USCA ORDER Denying Petition for Writ of Mandamus filed by Southeastern Pennsylvania Transportation Authority, Dennis Eldo and Douglas B. Nedrey. USCA case no. 09-1242. (bjrsl, ) (Entered: 07/09/2009)

07/27/2009

70 

Unopposed MOTION for Leave to File Excess Pages Motion for Leave to File a Combined Motion and Brief to Dismiss in Excess of 15 Pages by Defendants Eric J. Mortensen, Walter Scott, Jr, Charles Buddy C. Miller, III, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel. (Attachments: # 1 Proposed Order (PDF Only) Granting Unopposed Motion for Leave to File a Combined Motion and Brief to Dismiss in Excess of 15 Pages)(Hoffman, Brian) (Entered: 07/27/2009)

07/28/2009

71 

NOTICE of Entry of Appearance by Albert Y. Chang on behalf of William A. Poppo (Attachments: # 1 Certificate of Service)(Chang, Albert) (Entered: 07/28/2009)

07/28/2009

72 

NOTICE of Entry of Appearance by Francis A. Bottini, Jr on behalf of William A. Poppo (Attachments: # 1 Certificate of Service)(Bottini, Francis) (Entered: 07/28/2009)

07/28/2009

73 

MINUTE ORDER: It is ORDERED that defendants' Unopposed Motion for Leave to File a Combined Motion and Brief to Dismiss in Excess of 15 Pages 70 is GRANTED. The page limitation applicable to defendants' joint motion to dismiss shall be twenty pages, excluding pages devoted to a cover page, table of contents, table of authorities, signature block, and certificate of service. By Judge Philip A. Brimmer on 7/28/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (pabsec) (Entered: 07/28/2009)

07/29/2009

74 

MOTION to Dismiss Defendants' Combined Motion and Brief to Dismiss Plaintiff's Consolidated Complaint by Defendants Eric J. Mortensen, Walter Scott, Jr, Charles Buddy C. Miller, III, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel. (Attachments: # 1 Appendix Unpublished Cases Part 1, # 2 Appendix Unpublished Cases Part 2, # 3 Appendix Unpublished Cases Part 3, # 4 Appendix Unpublished Cases Part 4)(Eth, Jordan) (Entered: 07/29/2009)

07/29/2009

75 

DECLARATION of Brian Hoffman in Support of Defendants' Combined Motion and Brief to Dismiss Plaintiff's Consolidated Complaint 74 (additional exhibits K-O will be submitted in the next filing) by Defendants Eric J. Mortensen, Walter Scott, Jr, Charles Buddy C. Miller, III, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel. (Attachments: # 1 Exhibit A - 20061024 Earnings Conf Call, # 2 Exhibit B - 20070208 Q4 2006 Earnings Conf Call, # 3 Exhibit C - 20070426 Earnings Conf Call, # 4 Exhibit D - 20070301 10-K, # 5 Exhibit E - 20070726 Q2 2007 Earnings Conf Call, # 6 Exhibit F - 8-K 10-23-07 Press Release, # 7 Exhibit G - 20080207 Conf Call, # 8 Exhibit H - 20061017 (Plf cite Oct 16 06) Press Release re Broadwing acq, # 9 Exhibit I - 20061017 Conf Call re Broadwing acq, # 10 Exhibit J - 2006 11 10-Q)(Hoffman, Brian) Modified on 7/31/2009 to create linkage (gms, ). (Entered: 07/29/2009)

07/29/2009

76 

Exhibits in Support of Declaration of Brian Hoffman In Support of Defendants' Combined Motion and Brief To Dismiss Plaintiff's Consolidated Complaint (continuation from previous filing) 75 by Defendants Eric J. Mortensen, Walter Scott, Jr, Charles Buddy C. Miller, III, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel. (Attachments: # 1 Exhibit L - 8-K filed 20050527 for period ending 20050523, # 2 Exhibit M - Proxy - 4-18-07, # 3 Exhibit N - Proxy - 4-4-08 Def 14A, # 4 Exhibit O - 20070208 Form 8-K Press Release, # 5 Exhibit K - 2007 Forms 4)(Hoffman, Brian) Modified on 7/31/2009 to create a linkage (gms, ). (Entered: 07/29/2009)

07/29/2009

77 

MOTION for Order to grant Defendants' Motion Requesting Judicial Notice by Defendants Eric J. Mortensen, Walter Scott, Jr, Charles Buddy C. Miller, III, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion Requesting Judicial Notice, # 2 Appendix Unpublished Cases)(Hoffman, Brian) (Entered: 07/29/2009)

07/31/2009

78 

WAIVER OF SERVICE Returned Executed by William A. Poppo. Charles Buddy C. Miller, III waiver sent on 7/7/2009, answer due 9/8/2009. (Largent, Laurie) (Entered: 07/31/2009)

07/31/2009

79 

WAIVER OF SERVICE Returned Executed by William A. Poppo. Walter Scott, Jr waiver sent on 7/7/2009, answer due 9/8/2009. (Largent, Laurie) (Entered: 07/31/2009)

08/04/2009

80 

Unopposed MOTION for Extension of Time to File Response/Reply as to 74 MOTION to Dismiss Defendants' Combined Motion and Brief to Dismiss Plaintiff's Consolidated Complaint, 77 MOTION for Order to grant Defendants' Motion Requesting Judicial Notice, Unopposed MOTION for Leave to File Excess Pages by Plaintiff William A. Poppo. (Attachments: # 1 Proposed Order (PDF Only))(Largent, Laurie) (Entered: 08/04/2009)

08/17/2009

81 

MINUTE ORDER granting 80 lead plaintiff's motion for extension of time and for excess pages. Plaintiff may have up to and including August 28, 2009 to file responses to defendants' motion to dismiss 74 and defendants' request for judicial notice 77 . Plaintiff is granted leave to file a response to defendant's motion to dismiss not to exceed 20 pages, excluding pages devoted to a cover page, table of contents, table of authorities, signature block and certificate of service. By Judge Philip A. Brimmer on 8/17/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (pabsec) (Entered: 08/17/2009)

08/28/2009

82 

BRIEF in Opposition to 74 MOTION to Dismiss Defendants' Combined Motion and Brief to Dismiss Plaintiff's Consolidated Complaint filed by Plaintiff William A. Poppo. (Attachments: # 1 Appendix Unpublished Cases)(Rosen, Henry) (Entered: 08/28/2009)

08/28/2009

83 

BRIEF in Opposition to 77 MOTION for Order to grant Defendants' Motion Requesting Judicial Notice filed by Plaintiff William A. Poppo. (Attachments: # 1 Appendix Unpublished Case)(Rosen, Henry) (Entered: 08/28/2009)

09/08/2009

84 

Unopposed MOTION for Extension of Time to File Response/Reply as to 74 MOTION to Dismiss Defendants' Combined Motion and Brief to Dismiss Plaintiff's Consolidated Complaint, 77 MOTION for Order to grant Defendants' Motion Requesting Judicial Notice, Unopposed MOTION for Leave to File Excess Pages by Defendants Eric J. Mortensen, Walter Scott, Jr, Charles Buddy C. Miller, III, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel. (Hoffman, Brian) (Entered: 09/08/2009)

09/11/2009

85 

MINUTE ORDER granting 84 Motion for Extension of Time and Additional Pages for Replies. Defendants may have up to and including September 21, 2009 to file replies in support of their motion to dismiss 74 and motion requesting judicial notice 77 . Defendants are granted leave to file a reply in support of their motion to dismiss not to exceed 15 pages, excluding the cover page, table of contents, table of authorities, signature block, and certificate of service. By Judge Philip A. Brimmer on 9/11/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (pabsec) (Entered: 09/11/2009)

09/21/2009

86 

REPLY to Response to 74 MOTION to Dismiss Defendants' Combined Motion and Brief to Dismiss Plaintiff's Consolidated Complaint Reply in Support of Defendants' Combined Motion and Brief to Dismiss Plaintiff's Consolidated Complaint filed by Defendants Eric J. Mortensen, Walter Scott, Jr, Charles Buddy C. Miller, III, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel. (Attachments: # 1 Appendix Unpublished Cases)(Eth, Jordan) (Entered: 09/21/2009)

09/21/2009

87 

REPLY to Response to 77 MOTION for Order to grant Defendants' Motion Requesting Judicial Notice Reply in Support of Defendants' Motion Requesting Judicial Notice filed by Defendants Eric J. Mortensen, Walter Scott, Jr, Charles Buddy C. Miller, III, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel. (Attachments: # 1 Appendix Unpublished Case)(Hoffman, Brian) (Entered: 09/21/2009)

11/16/2009

88 

NOTICE of Change of Address by Jeffrey Allen Berens (Berens, Jeffrey) (Entered: 11/16/2009)

11/20/2009

89 

NOTICE of Change of Address by Kristin A. Martinez (Martinez, Kristin) (Entered: 11/20/2009)

01/29/2010

90 

NOTICE re 68 Amended Complaint, by Plaintiff William A. Poppo (Berens, Jeffrey) (Entered: 01/29/2010)

01/29/2010

91 

MINUTE ORDER: Any motion for leave to amend the Consolidated Class Action Complaint 68 shall be filed on or before March 1, 2010. By Judge Philip A. Brimmer on 1/29/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (pabsec) (Entered: 01/29/2010)

03/01/2010

92 

MOTION to Amend/Correct/Modify 68 Amended Complaint, by Plaintiff William A. Poppo. (Attachments: # 1 Exhibit A - Proposed Amended Complaint)(Rosen, Henry) (Entered: 03/01/2010)

03/02/2010

93 

MEMORANDUM regarding 92 MOTION to Amend/Correct/Modify 68 Amended Complaint, filed by William A. Poppo.Motion referred to Magistrate Judge Craig B. Shaffer by Judge Philip A. Brimmer on 3/2/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(pabcd) (Entered: 03/02/2010)

03/08/2010

94 

MINUTE ORDER setting hearing on 92 MOTION to Amend 68 Amended Complaint for 3/23/2010 at 8:30 a.m., in Courtroom A 402. ORDERED that any responses are to be filed by 12:00 p.m. (Mountain Time) on 3/22/10, by Magistrate Judge Craig B. Shaffer on 3/8/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 03/08/2010)

03/19/2010

95 

RESPONSE to 92 MOTION to Amend/Correct/Modify 68 Amended Complaint, filed by Defendants Walter Scott, Jr, Charles Buddy C. Miller, III, Level 3 Communications, Inc., Kevin J. O'Hara, James Q. Crowe, Sunit S. Patel, Eric J. Mortensen. (Hoffman, Brian) Modified on 3/22/2010 to add Eric J. Mortensen as a filer (ebs, ). (Entered: 03/19/2010)

03/22/2010

96 

Docket Annotation re: 95 Response to Motion. This docket entry was modified to add Eric J. Mortensen as a filer. Text only entry - no document attached (ebs, ) (Entered: 03/22/2010)

03/22/2010

97 

NOTICE of Firm Name Change by Plaintiff William A. Poppo (Rosen, Henry) (Entered: 03/22/2010)

03/23/2010

98 

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer. ORDERED: Lead Plaintiff's Motion for Leave to File an Amended Consolidated Class Action Complaint for Violations of the Federal Securities Laws, doc # 92 is GRANTED. The court will accept the Amended Consolidated Class Action Complaint, doc #[92-2]. Plaintiffs shall provide Defendants with a red-line version of the amended complaint by 5:00 p.m. on 3/24/2010. Opening Brief due 4/12/2010. Opposition Brief due 5/3/2010. Reply Brief due 5/18/2010. The briefing schedule will not change. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd) (Entered: 03/23/2010)

03/23/2010

99 

MINUTE ORDER denying as moot 74 Defendants' Motion to Dismiss. Denying as moot 77 Defendants' Motion Requesting Judicial Notice, by Judge Philip A. Brimmer on 3/23/10.(ebs, ) (Entered: 03/23/2010)

03/23/2010

100 

AMENDED CONSOLIDATED CLASS ACTION COMPLAINT for Violations of the Federal Securities Laws and Jury Demand against James Q. Crowe, Level 3 Communications, Inc., Charles Buddy C. Miller, III, Eric J. Mortensen, Kevin J. O'Hara, Sunit S. Patel, Walter Scott, Jr, filed by Adam Skaggs, Marilyn A. Ides, Jennifer Ross, John S. Burke, William A. Poppo.(ebs, ) (Entered: 03/24/2010)

04/06/2010

101 

Unopposed MOTION for Leave to File Excess Pages of 15 for Combined Motion and Brief to Dismiss by Defendants James Q. Crowe, Level 3 Communications, Inc., Charles Buddy C. Miller, III, Eric J. Mortensen, Kevin J. O'Hara, Sunit S. Patel, Walter Scott, Jr. (Attachments: # 1 Proposed Order (PDF Only))(Hoffman, Brian) (Entered: 04/06/2010)

04/07/2010

102 

MINUTE ORDER granting 101 Motion for Leave to File Excess Pages. Defendants may file a motion to dismiss not to exceed 25 pages, in addition to cover page, table of contents, table of authorities, signature block, and certificate of service. By Judge Philip A. Brimmer on 4/7/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (pabsec) (Entered: 04/07/2010)

04/12/2010

103 

MOTION to Dismiss Amended Consolidated Complaint (Combined with Brief) by Defendants James Q. Crowe, Level 3 Communications, Inc., Charles Buddy C. Miller, III, Eric J. Mortensen, Kevin J. O'Hara, Sunit S. Patel, Walter Scott, Jr. (Attachments: # 1 Appendix Unpublished Cases - Part 1, # 2 Appendix Unpublished Cases - Part 2)(Eth, Jordan) (Entered: 04/12/2010)

04/12/2010

104 

DECLARATION of Brian Hoffman regarding MOTION to Dismiss Amended Consolidated Complaint (Combined with Brief) 103 by Defendants James Q. Crowe, Level 3 Communications, Inc., Charles Buddy C. Miller, III, Eric J. Mortensen, Kevin J. O'Hara, Sunit S. Patel, Walter Scott, Jr. (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, # 13 Exhibit M)(Hoffman, Brian) Modified on 4/13/2010 to delete duplicate text generated by the system (ebs, ). (Entered: 04/12/2010)

04/12/2010

105 

Exhibits in Support of 104 Declaration,, 103 MOTION to Dismiss Amended Consolidated Complaint (Combined with Brief) Exhibit N for Brian Hoffman by Defendants James Q. Crowe, Level 3 Communications, Inc., Charles Buddy C. Miller, III, Eric J. Mortensen, Kevin J. O'Hara, Sunit S. Patel, Walter Scott, Jr. (Attachments: # 1 Exhibit O)(Hoffman, Brian) Modified on 4/13/2010 to delete duplicate text generated by the system (ebs, ). (Entered: 04/12/2010)

04/12/2010

106 

MOTION for Order to Take Judicial Notice by Defendants James Q. Crowe, Level 3 Communications, Inc., Charles Buddy C. Miller, III, Eric J. Mortensen, Kevin J. O'Hara, Sunit S. Patel, Walter Scott, Jr. (Attachments: # 1 Appendix Unpublished Cases, # 2 Proposed Order (PDF Only))(Hoffman, Brian) (Entered: 04/12/2010)

04/28/2010

107 

Unopposed MOTION for Leave to File Excess Pages Lead Plaintiff's Unopposed Motion for Leave to File a Brief in Excess of 15 Pages in Opposition to Defendants' Motion to Dismiss by Plaintiff William A. Poppo. (Attachments: # 1 Proposed Order (PDF Only))(Kearns, Julie) (Entered: 04/28/2010)

04/29/2010

108 

MINUTE ORDER granting 107 Motion for Leave to File Excess Pages. Plaintiff is granted leave to file a response to defendants' motion to dismiss 103 not to exceed 25 pages, in addition to cover page, tables of contents and authorities, signature block and certificate of service. By Judge Philip A. Brimmer on 4/29/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (pabsec) Modified on 4/30/2010 to correct spelling error (ebs, ). (Entered: 04/29/2010)

05/03/2010

109 

BRIEF in Opposition to 103 MOTION to Dismiss Amended Consolidated Complaint (Combined with Brief) filed by Plaintiff William A. Poppo. (Rosen, Henry) Modified on 5/4/2010 to delete duplicate text generated by the system (gmssl, ). (Entered: 05/03/2010)

05/13/2010

110 

MOTION to Withdraw as Attorney (Steven M. Kaufmann) by Defendants James Q. Crowe, Level 3 Communications, Inc., Charles Buddy C. Miller, III, Eric J. Mortensen, Kevin J. O'Hara, Sunit S. Patel, Walter Scott, Jr. (Attachments: # 1 Proposed Order (PDF Only))(Kaufmann, Steven) (Entered: 05/13/2010)

05/13/2010

111 

MEMORANDUM regarding 110 MOTION to Withdraw as Attorney (Steven M. Kaufmann) filed by Sunit S. Patel, Charles Buddy C. Miller, III, Walter Scott, Jr., James Q. Crowe, Eric J. Mortensen, Kevin J. O'Hara, Level 3 Communications, Inc. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Philip A. Brimmer on 5/13/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(pabcd) Modified on 5/14/2010 to delete duplicate text generated by the system (ebs, ). (Entered: 05/13/2010)

05/14/2010

112 

Unopposed MOTION for Leave to File a Reply Brief in Excess of 10 Pages by Defendants James Q. Crowe, Level 3 Communications, Inc., Charles Buddy C. Miller, III, Eric J. Mortensen, Kevin J. O'Hara, Sunit S. Patel, Walter Scott, Jr. (Attachments: # 1 Proposed Order (PDF Only))(Hoffman, Brian) (Entered: 05/14/2010)

05/14/2010

113 

MINUTE ORDER granting 110 Motion for Leave to Withdraw. Attorney Steven M. Kaufmann is withdrawn as counsel of record in this matter, by Magistrate Judge Craig B. Shaffer on 5/14/10.(ebs, ) (Entered: 05/14/2010)

05/17/2010

114 

MINUTE ORDER granting 112 Motion for Leave to File a Reply Brief in Excess of 10 Pages. Defendants are granted leave to file a reply brief in support of their motion to dismiss 103 not to exceed 20 pages, in addition to cover page, tables of contents and authorities, and signature block. By Judge Philip A. Brimmer on 5/17/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (pabsec) (Entered: 05/17/2010)

05/18/2010

115 

REPLY to Response to 103 MOTION to Dismiss Amended Consolidated Complaint (Combined with Brief) filed by Defendants James Q. Crowe, Level 3 Communications, Inc., Charles Buddy C. Miller, III, Eric J. Mortensen, Kevin J. O'Hara, Sunit S. Patel, Walter Scott, Jr. (Attachments: # 1 Appendix Unpublished Cases)(Eth, Jordan) Modified on 5/19/2010 to delete duplicate text generated by the system (ebs, ). (Entered: 05/18/2010)

05/21/2010

116 

Unopposed MOTION to Withdraw as Attorney by David P. Hersh and Seth A. Katz by Interested Parties Carl Kiefer, Sr, Carl Kiefer, Jr. (Hersh, David) (Entered: 05/21/2010)

05/21/2010

117 

MEMORANDUM regarding 116 Unopposed MOTION to Withdraw as Attorney by David P. Hersh and Seth A. Katz filed by Carl Kiefer, Sr., Carl Kiefer, Jr. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Philip A. Brimmer on 5/21/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (pabsec) (Entered: 05/21/2010)

05/25/2010

118 

MINUTE ORDER granting 116 Motion for Leave to Withdraw. Attorneys David P. Hersh and Seth Alan Katz are withdrawn as counsel of record in this matter, by Magistrate Judge Craig B. Shaffer on 5/25/10.(ebs, ) (Entered: 05/25/2010)

06/08/2010

119 

NOTICE of Entry of Appearance by Jeffrey Robert Krinsk on behalf of Carl Kiefer, Sr (Krinsk, Jeffrey) (Entered: 06/08/2010)

06/29/2010

120 

MOTION to Withdraw as Attorney Brian Neil Hoffman by Defendants James Q. Crowe, Level 3 Communications, Inc., Charles Buddy C. Miller, III, Kevin J. O'Hara, Sunit S. Patel, Walter Scott, Jr. (Attachments: # 1 Proposed Order (PDF Only))(Llewellyn, Scott) (Entered: 06/29/2010)

06/30/2010

121 

MEMORANDUM regarding 120 MOTION to Withdraw as Attorney Brian Neil Hoffman filed by Sunit S. Patel, Charles Buddy C. Miller, III, Walter Scott, Jr., James Q. Crowe, Kevin J. O'Hara, Level 3 Communications, Inc..Motion referred to Magistrate Judge Craig B. Shaffer by Judge Philip A. Brimmer on 6/30/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(pabcd) (Entered: 06/30/2010)

07/01/2010

122 

MINUTE ORDER granting 120 Motion for Brian Neil Hoffman's Leave to Withdraw. Attorney Brian Neil Hoffman is withdrawn as counsel of record in this matter, by Magistrate Judge Craig B. Shaffer on 7/1/10.(ebs, ) (Entered: 07/01/2010)

07/09/2010

123 

MINUTE ORDER: On or before 7/14/10, plaintiffs shall file with the Court a copy of the red-line version of the amended complaint, by Judge Philip A. Brimmer on 7/9/10. (ebs, ) (Entered: 07/09/2010)

07/13/2010

124 

NOTICE re 98 Order on Motion to Amend/Correct/Modify,,, Motion Hearing,, 123 Minute Order re Lead Plaintiff's Submission of Redline Amended Complaint by Plaintiff William A. Poppo (Attachments: # 1 Exhibit A)(Berens, Jeffrey) (Entered: 07/13/2010)

11/29/2010

125 

Unopposed MOTION to Withdraw Kristin A. Knudson as Counsel of Record by Consol Plaintiff John S. Burke, Plaintiff William A. Poppo. (Attachments: # 1 Proposed Order (PDF Only))(Berens, Jeffrey) (Entered: 11/29/2010)

11/29/2010

126 

MEMORANDUM regarding 125 Unopposed MOTION to Withdraw Kristin A. Knudson as Counsel of Record filed by John S. Burke, William A. Poppo. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Philip A. Brimmer on 11/29/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(pabcd) (Entered: 11/29/2010)

11/29/2010

127 

MINUTE ORDER granting 125 Motion to Withdraw. The Clerk of Court is instructed to terminate Kristin A. Knudson as counsel of record in this matter and shall remove her from the Notice of Electronic Filing, by Magistrate Judge Craig B. Shaffer on 11/29/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec) (Entered: 11/29/2010)

12/10/2010

128 

ORDER granting 103 Defendants' Motion to Dismiss. Plaintiffs' amended consolidated class action complaint is dismissed with prejudice. Judgment shall enter in favor of defendants and against the consolidated plaintiffs. Denying as moot 106 Defendants' Motion Requesting Judicial Notice, by Judge Philip A. Brimmer on 12/10/10.(ebs, ) (Entered: 12/10/2010)

 

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