LEAD, SPECIAL

United States District Court
Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:09-cv-05262-PD

REID v. HEMISPHERX BIOPHARMA, INC. et al
Assigned to: HONORABLE PAUL S. DIAMOND

all others Case:

2:10-cv-00262-PD

related Case:

2:09-cv-06160-PD

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

Date Filed: 11/10/2009
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

IN RE:
HEMISPHERX BIOPHARMA, INC. SECURITIES LITIGATION
Plaintiff
JAMES REID Individually and on Behalf of All Others Similarly Situated	represented by	BARBARA A. PODELL BERGER & MONTAGUE, PC 1622 LOCUST ST PHILADELPHIA , PA 19103 215-875-4690 Fax: 215-875-4673 Email: bpodell@bm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED DEBORAH R. GROSS LAW OFFICES BERNARD M. GROSS, PC 100 PENN SQUARE EAST JOHN WANAMAKER BLDG , SUITE 450 PHILADELPHIA , PA 19107 215-561-3600 Fax: 215-561-3000 Email: debbie@bernardmgross.com LEAD ATTORNEY ATTORNEY TO BE NOTICED JEFFREY A. BERENS DYER & BERENS LLP 303 E 17TH AVE STE 300 DENVER , CO 80203 LEAD ATTORNEY ATTORNEY TO BE NOTICED MARC S. HENZEL LAW OFFICES OF MARC S. HENZEL 273 MONTGOMERY AVENUE SUITE 202 BALA CYNWYD , PA 19004 610-660-8000 Email: mhenzel182@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED ROBERT J. DYER , III DYER & BERENS LLP 303 E 17TH AVE STE 300 DENVER , CO 80203 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
V.
Defendant
HEMISPHERX BIOPHARMA, INC.	represented by	GAY BARLOW PARKS RAINVILLE PEPPER HAMILTON LLP 3000 TWO LOGAN SQUARE 18TH & ARCH STREETS PHILADELPHIA , PA 19103 215-981-4000 Fax: 215-981-4750 Email: rainvilleg@pepperlaw.com ATTORNEY TO BE NOTICED MICHELE CRIMALDI ZARYCHTA PEPPER HAMILTON LLP 3000 TWO LOGAN SQ 18TH & ARCH STS PHILADELPHIA , PA 19103 215-981-4000 Email: zarychtam@pepperlaw.com ATTORNEY TO BE NOTICED ROBERT L. HICKOK PEPPER HAMILTON LLP 3000 TWO LOGAN SQ 18TH & ARCH STS PHILADELPHIA , PA 19103-2799 215-981-4583 Email: hickokr@pepperlaw.com ATTORNEY TO BE NOTICED WILLIAM A. LIESS PEPPER HAMILTON LLP 3000 TWO LOGAN SQ 18TH & ARCH STS PHILADELPHIA , PA 19103-2799 215-981-4750 Email: liessw@pepperlaw.com ATTORNEY TO BE NOTICED
Defendant
WILLIAM A. CARTER	represented by	GAY BARLOW PARKS RAINVILLE (See above for address) ATTORNEY TO BE NOTICED MICHELE CRIMALDI ZARYCHTA (See above for address) ATTORNEY TO BE NOTICED ROBERT L. HICKOK (See above for address) ATTORNEY TO BE NOTICED WILLIAM A. LIESS (See above for address) ATTORNEY TO BE NOTICED
V.
Movant
ANTHONY DESILVA	represented by	DEBORAH R. GROSS (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
AMGAD RIZK
Movant
MINA RIZK
Movant
RAYMOND A. PRITCHETT

Date Filed	#	Docket Text
11/10/2009	1	COMPLAINT against HEMISPHERX BIOPHARMA, INC., WILLIAM A. CARTER ( Filing fee $ 350 receipt number PPE012349.), filed by JAMES REID.(jeb, ) (Entered: 11/12/2009)
11/10/2009		Summons Issued as to HEMISPHERX BIOPHARMA, INC., WILLIAM A. CARTER. 2 Forwarded To: Counsel on 11/12/09 (jeb, ) (Entered: 11/12/2009)
11/10/2009		DEMAND for Trial by Jury by JAMES REID. (jeb, ) (Entered: 11/12/2009)
12/18/2009	2	WAIVER OF SERVICE Returned Executed by JAMES REID. WILLIAM A. CARTER waiver sent on 11/17/2009, answer due 1/19/2010. (GROSS, DEBORAH) (Entered: 12/18/2009)
12/18/2009	3	WAIVER OF SERVICE Returned Executed by JAMES REID. HEMISPHERX BIOPHARMA, INC. waiver sent on 11/17/2009, answer due 1/19/2010. (GROSS, DEBORAH) (Entered: 12/18/2009)
12/21/2009	4	NOTICE of Appearance by ROBERT L. HICKOK on behalf of HEMISPHERX BIOPHARMA, INC., WILLIAM A. CARTER with Certificate of Service(HICKOK, ROBERT) (Entered: 12/21/2009)
12/21/2009	5	NOTICE of Appearance by GAY BARLOW PARKS RAINVILLE on behalf of HEMISPHERX BIOPHARMA, INC., WILLIAM A. CARTER with Certificate of Service(RAINVILLE, GAY) (Entered: 12/21/2009)
12/21/2009	6	NOTICE of Appearance by MICHELE CRIMALDI ZARYCHTA on behalf of HEMISPHERX BIOPHARMA, INC., WILLIAM A. CARTER with Certificate of Service(CRIMALDI ZARYCHTA, MICHELE) (Entered: 12/21/2009)
12/21/2009	7	NOTICE of Appearance by WILLIAM A. LIESS on behalf of HEMISPHERX BIOPHARMA, INC., WILLIAM A. CARTER with CERTIFICATE OF SERVICE(ap, ) (Entered: 12/22/2009)
12/28/2009	8	Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by HEMISPHERX BIOPHARMA, INC..(HICKOK, ROBERT) (Entered: 12/28/2009)
12/31/2009	9	NOTICE of Change of Address by DEBORAH R. GROSS(GROSS, DEBORAH) (Entered: 12/31/2009)
01/04/2010	10	STIPULATION AND ORDER THAT DEFENDANTS WILL NOT BE REQUIRED TO RESPOND TO THE COMPLAINTS FILED IN THIS MATTER EXCEPT AS SET FORTH IN SUCH STIPULATION, ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/21/2009. 1/4/2010 ENTERED AND COPIES MAILED, E-MAILED.(ap, ) (Entered: 01/04/2010)
01/11/2010	11	MOTION to Consolidate Cases ; Appoinment of Lead Plaintiff; and For Aprroval of its Choice of Counsel as Lead and Liaison Counsel for the Class by Movant DiSho Group filed by JAMES REID.Brief. (Attachments: # 1 Text of Proposed Order [Proposed] Order)(HENZEL, MARC) (Entered: 01/11/2010)
01/11/2010	12	BRIEF in Support of MOTION to Consolidate Related Cases; For Appointment of Lead Plaintiff and For Approval of its Choice of Counsel as Lead and Liaison Counsel for the Class by Movant DiSho Group filed by JAMES REID.Brief. (Attachments: # 1 Exhibit 1 - Declaration of William B. Federman)(HENZEL, MARC) Modified on 1/13/2010 (nd, ). (Entered: 01/11/2010)
01/11/2010	13	MOTION to Appoint Counsel AND CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINITFFS AND APPROVAL OF THEIR SELECTION OF CO-LEAD COUNSEL filed by ANTHONY DESILVA.Memorandum, Proposed Order, Declaration, Certificate of Service. (Attachments: # 1 Proposed Order for Appointment of Lead, # 2 Memorandum of Law in support of appointment for lead, # 3 Declaration of Deborah R. Gross in support of motion for lead, # 4 Exhibit A to Declaration of Deborah R. Gross, # 5 Exhibit B to Declaration of Deborah R. Gross, # 6 Exhibit C to Declaration of Deborah R. Gross, # 7 Exhibit D to Declaration of Deborah R. Gross, # 8 Exhibit E to Declaration of Deborah R. Gross, # 9 Certificate of Service)(GROSS, DEBORAH) (Entered: 01/11/2010)
01/11/2010	14	MOTION to Appoint Counsel, MOTION for Approval of Lead Plaintiff Victor Cherry, Ehud Nahum, Jagvinder Pal Singh and Padmaker Boienipelly as The Hemispherx Investor Group, MOTION to Consolidate Cases filed by JAMES REID.Memorandum, Declaration. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Eric Lechtzin, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(PODELL, BARBARA) (Entered: 01/11/2010)
01/12/2010	15	APPLICATION by JAMES REID FOR PRO HAC VICE ADMISSION OF JEFFREY A. BERENS, SPONSOR STATEMENT, CERTIFICATE OF SERVICE.(FILING FEE PAID PPE015729) (kk, ) (Entered: 01/13/2010)
01/12/2010	16	APPLICATION by JAMES REID FOR PRO HAC VICE ADMISSION OF ROBERT J. DYER III, SPONSOR STATEMENT, CERTIFICATE OF SERVICE.(FILING FEE PAID PPE015729) (kk, ) (Entered: 01/13/2010)
01/15/2010	17	NOTICE by ANTHONY DESILVA re 13 MOTION to Appoint Counsel AND CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINITFFS AND APPROVAL OF THEIR SELECTION OF CO-LEAD COUNSEL NOTICE OF CORRECTED CERTIFICATION (GROSS, DEBORAH) (Entered: 01/15/2010)
01/15/2010	18	ORDER THAT THE APPLICATION OF ATTORNEY JEFFREY A. BERENS, TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/15/10. 1/19/10 ENTERED AND COPIES E-MAILED.(kk, ) (Entered: 01/19/2010)
01/15/2010	19	ORDER THAT THE APPLICATION OF ATTORNEY ROBERT J. DYER, III, TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/15/10. 1/19/10 ENTERED AND COPIES MAILED AND E-MAILED.(kk, ) (Entered: 01/19/2010)
01/22/2010	20	NOTICE of Withdrawal 11 MOTION to Consolidate Cases ; Appoinment of Lead Plaintiff; and For Aprroval of its Choice of Counsel as Lead and Liaison Counsel for the Class by Movant DiSho Group filed by JAMES REID.WITHDRAWAL OF MOVANT DISHO GROUP FOR CONSOLIDATION & APPOINTMENT OF LEAD PLAINTIFF & COUNSEL, Certificate of Service.(HENZEL, MARC) Modified on 1/25/2010 (lisad, ). (Entered: 01/22/2010)
01/25/2010	21	RESPONSE to Motion re 14 MOTION to Appoint Counsel MOTION for Approval of Lead Plaintiff Victor Cherry, Ehud Nahum, Jagvinder Pal Singh and Padmaker Boienipelly as The Hemispherx Investor Group MOTION to Consolidate Cases, 13 MOTION to Appoint Counsel AND CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINITFFS AND APPROVAL OF THEIR SELECTION OF CO-LEAD COUNSEL filed by HEMISPHERX BIOPHARMA, INC., WILLIAM A. CARTER, Certificate of Service. (HICKOK, ROBERT) Modified on 1/26/2010 (lisad, ). (Entered: 01/25/2010)
01/25/2010	22	Memorandum of Law re 13 MOTION to Appoint Counsel AND CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINITFFS AND APPROVAL OF THEIR SELECTION OF CO-LEAD COUNSEL AND IN OPPOSITION TO THE COMPETING LEAD PLAINTIFF MOTIONS filed by ANTHONY DESILVA, Certificate of Service. (Attachments: # 1 Declaration of Deborah R. Gross)(GROSS, DEBORAH) Modified on 1/26/2010 (lisad, ). (Entered: 01/25/2010)
01/25/2010	23	MEMORANDUM OF LAW OF THE HEMISPHERX INVESTOR GROUP IN OPPOSITION TO COMPETING MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL re 13 MOTION to Appoint Counsel AND CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINITFFS AND APPROVAL OF THEIR SELECTION OF CO-LEAD COUNSEL, 11 MOTION to Consolidate Cases ; Appoinment of Lead Plaintiff; and For Aprroval of its Choice of Counsel as Lead and Liaison Counsel for the Class by Movant DiSho Group, 12 Brief in Support of Motion to Consolidate filed by JAMES REID, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(SAVETT, SHERRIE) Modified on 1/26/2010 (lisad, ). (Entered: 01/25/2010)
02/01/2010	24	RESPONSE in Support re 13 MOTION to Appoint Counsel AND CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT AS LEAD PLAINITFFS AND APPROVAL OF THEIR SELECTION OF CO-LEAD COUNSEL and in opposition to all other movants filed by ANTHONY DESILVA. (GROSS, DEBORAH) (Entered: 02/01/2010)
02/01/2010	25	MOTION for Leave to File Reply of the Hemispherx Investor Group In Further Support of its Motion for Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel filed by JAMES REID.Memorandum, Declaration. (Attachments: # 1 Memorandum of Law, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(PODELL, BARBARA) (Entered: 02/01/2010)
02/12/2010	26	ORDER THAT CIVIL ACTION NOS. 09-5262, 09-5682, 09-5870, 09-5931, AND 09-6173 ARE HEREBY CONSOLIDATED, PURSUANT TO F.R.C.P. 42(a), FOR ALL PURPOSES, INCLUDING DISCOVERY AND TRIAL; CIVIL ACTIONS NOS. 09-6160, 10-262, 10-326 ARE HEREBY CONSOLIDATED FOR THE PURPOSE OF DISCOVERY; ALL PLEADINGS, MOTIONS, DISCOVERY, AND OTHER MATTERS IN ALL CASES SHALL BE FILED AT CIVIL ACTION NO. 09-5262 AS LEAD CASE; THE CLERKS OF COURT IS DIRECTED TO CLOSE CIVIL ACTION NOS. 09-5682, 09-5870, 09-5931, AND 09-6173 FOR ALL PURPOSE; CIVIL ACTION NOS. 09-6160, 10-262, AND 10-326 SHALL BE PLACED IN CIVIL SUSPENSE FILE; DEFENDANT HEMISPHERX'S MOTION FOR APPROVAL OF LEAD PLAINTIFF, LEAD COUNSEL, AND TO CONSOLIDATE CASES (DOC. NO. 8 FOR CASE NO. 09-5870) IS GRANTED; THE REMAINING MOTIONS FOR LEAD PLAINTIFF AND LEAD COUNSEL ARE DENIED; COUNSEL FOR HEMISPHERX SHALL FILE AN AMENDED COMPLAINT BY 2/26/2010, WITH RESPONSE S DUE BY 3/12/2010. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/9/10. 2/12/10 ENTERED AND COPIES MAILED AND E-MAILED.(kk, ) (Entered: 02/12/2010)