US
District Court Civil Docket as of 02/14/2011
Retrieved from the court on February 18, 2011
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Cause:
15:78m(a) Securities Exchange Act |
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IN RE: |
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HEMISPHERX
BIOPHARMA, INC. SECURITIES LITIGATION |
represented by |
BARBARA A.
PODELL |
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Plaintiff
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JAMES REID |
represented by |
BARBARA A.
PODELL |
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Defendant
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HEMISPHERX
BIOPHARMA, INC. |
represented by |
GAY BARLOW
PARKS RAINVILLE |
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Defendant
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WILLIAM A.
CARTER |
represented by |
GAY BARLOW
PARKS RAINVILLE |
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Defendant
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DAVID R.
STRAYER |
represented by |
GAY BARLOW
PARKS RAINVILLE |
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Movant |
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ANTHONY
DESILVA |
represented by |
DEBORAH R.
GROSS |
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Movant |
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AMGAD RIZK |
represented by |
DEBORAH R.
GROSS |
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Movant |
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MINA RIZK |
represented by |
DEBORAH R.
GROSS |
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Movant |
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RAYMOND A.
PRITCHETT |
represented by |
DEBORAH R.
GROSS |
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Claimant
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RICHARD
WANAT |
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Date Filed |
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Docket Text |
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COMPLAINT against
HEMISPHERX BIOPHARMA, INC., WILLIAM A. CARTER ( Filing fee $ 350 receipt
number |
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Summons Issued
as to HEMISPHERX BIOPHARMA, INC., WILLIAM A. CARTER. 2 Forwarded To: Counsel
on |
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DEMAND for
Trial by Jury by JAMES REID. (jeb, ) (Entered: |
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WAIVER OF
SERVICE Returned Executed by JAMES REID. WILLIAM A. CARTER waiver sent on |
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WAIVER OF
SERVICE Returned Executed by JAMES REID. HEMISPHERX BIOPHARMA, INC. waiver
sent on |
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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) |
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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) |
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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) |
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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) |
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Disclosure
Statement Form pursuant to FRCP 7.1 with Certificate of Service by HEMISPHERX
BIOPHARMA, INC..(HICKOK, ROBERT) (Entered: |
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NOTICE of
Change of Address by DEBORAH R. GROSS(GROSS, DEBORAH) (Entered: |
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STIPULATION |
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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: |
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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 |
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MOTION to
Appoint Counsel |
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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: |
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APPLICATION by
JAMES REID FOR PRO HAC VICE ADMISSION OF JEFFREY A. BERENS, SPONSOR
STATEMENT, CERTIFICATE OF SERVICE.(FILING FEE PAID |
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APPLICATION by
JAMES REID FOR PRO HAC VICE ADMISSION OF ROBERT J. DYER |
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NOTICE by
ANTHONY DESILVA re 13
MOTION to Appoint Counsel |
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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 |
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ORDER THAT THE
APPLICATION OF ATTORNEY ROBERT J. DYER, |
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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: |
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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 |
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Memorandum of
Law re 13
MOTION to Appoint Counsel |
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MEMORANDUM
OF LAW OF THE HEMISPHERX INVESTOR GROUP IN OPPOSITION TO COMPETING MOTIONS
FOR APPOINTMENT AS LEAD PLAINTIFF |
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RESPONSE in
Support re 13
MOTION to Appoint Counsel |
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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: |
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ORDER THAT
CIVIL ACTION NOS. 09-5262, 09-5682, 09-5870, 09-5931, |
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ORDER THAT THE
APPLICATION OF FELIPE J. ARROYO, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT
TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE
PAUL S. DIAMOND ON |
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CONSOLIDATED CLASS
ACTION COMPLAINT with Jury Demand against WILLIAM A. CARTER, HEMISPHERX
BIOPHARMA, INC., filed by JAMES REID. JURY DEMANDED(dp, ) (Entered: |
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MOTION to
Dismiss Consolidated [Amended] Class Action Complaint filed by WILLIAM
A. CARTER, HEMISPHERX BIOPHARMA, INC.. Memorandum,Certificate of
Service.(HICKOK, ROBERT) (Entered: |
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30 |
APPENDIX TO
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S
CONSOLIDATED (AMENDED) CLASS ACTION COMPLAINT. (EXHIBITS FILED IN HARDCOPY, 3
VOLUMES)(dp, ) (Entered: |
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Amended
Signature Page to Memorandum of Law in Support of Defendants Motion to
Dismiss Plaintiffs Consolidated [Amended] Class Action Complaint by WILLIAM
A. CARTER, HEMISPHERX BIOPHARMA, INC.. (CRIMALDI ZARYCHTA, MICHELE) (Entered:
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RESPONSE in
Opposition re 29
MOTION to Dismiss Consolidated [Amended] Class Action Complaint by
Lead Plaintiff Hemispherx Investor Group filed by CATHERINE A. KLETMAN.
(Attachments: # 1
Affidavit Declaration of Eric Lechtzin in Support of Memorandum of Law in
Opposition to Defendants' Motion to Dismiss Complaint)(PODELL, BARBARA)
(Entered: |
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MOTION FOR
LEAVE TO |
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DEFENDANTS'
MOTION FOR LEAVE TO |
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ORDER THAT
DEFENDANTS' MOTION FOR LEAVE TO |
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REPLY
MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S
CONSOLIDATED [AMENDED] CLASS ACTION COMPLAINT. filed by JAMES REID. (dp, )
(Entered: |
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ORDER THAT
DEFENDANTS' MOTION TO DISMISS IS DENIED. SIGNED BY HONORABLE PAUL DIAMOND ON
4/19/10.4/20/10 ENTERED |
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ORDER THAT THE
PARTIES SHALL SUBMIT A PROPOSED CASE MANAGEMENT ORDER BY |
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CASE
MANAGEMENT ORDER THAT DEFENDANTS SHALL |
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***Update
Answer Deadline (dp, ) (Entered: |
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***Set/Reset
Deadlines: AMENDED PLEADINGS DUE BY |
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***Update
Answer Deadline (afm, ) (Entered: |
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NOTICE of
Appearance by THOMAS T. WATKINSON, II on behalf of WILLIAM A. CARTER,
HEMISPHERX BIOPHARMA, INC. with Certificate of Service(WATKINSON, THOMAS)
(Entered: 05/06/2010) |
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NOTICE of
Appearance by JOSEPH W. JESIOLOWSKI on behalf of WILLIAM A. CARTER,
HEMISPHERX BIOPHARMA, INC. with Certificate of Service(JESIOLOWSKI, JOSEPH)
(Entered: 05/13/2010) |
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ANSWER to 28
Complaint by WILLIAM A. CARTER, HEMISPHERX BIOPHARMA, INC..(RAINVILLE, GAY)
(Entered: |
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STIPULATED
PROTECTIVE ORDER THAT ANY PERSON NOT A PARTY TO THIS ACTION FROM WHOM
DISCOVERY IS SOUGHT |
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Letter from
COUNSEL ROBERT L. HICKOK, STATING THAT COUNSEL FOR THE PARTIES |
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PROOF OF
SERVICE ON DEFENDANT DAVID R. STRAYER, M.D. BY JAMES REID AS TO WILLIAM A.
CARTER, |
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NOTICE of
Appearance by ROBERT L. HICKOK on behalf of DAVID R. STRAYER with Certificate
of Service(HICKOK, ROBERT) (Entered: 05/20/2010) |
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NOTICE of
Appearance by GAY BARLOW PARKS RAINVILLE on behalf of DAVID R. STRAYER with
Certificate of Service(RAINVILLE, GAY) (Entered: 05/20/2010) |
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NOTICE of
Appearance by MICHELE CRIMALDI ZARYCHTA on behalf of DAVID R. STRAYER with
Certificate of Service(CRIMALDI ZARYCHTA, MICHELE) (Entered: 05/20/2010) |
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NOTICE of
Appearance by THOMAS T. WATKINSON, II on behalf of DAVID R. STRAYER with
Certificate of Service(WATKINSON, THOMAS) (Entered: |
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NOTICE of
Appearance by WILLIAM A. LIESS on behalf of DAVID R. STRAYER with Certificate
of Service(LIESS, WILLIAM) (Entered: 05/20/2010) |
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NOTICE of
Appearance by JOSEPH W. JESIOLOWSKI on behalf of DAVID R. STRAYER with
Certificate of Service(JESIOLOWSKI, JOSEPH) (Entered: 05/20/2010) |
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NOTICE of
Appearance by ERIC LECHTZIN on behalf of JAMES REID (LECHTZIN, ERIC)
(Entered: |
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NOTICE of
Appearance by ERIC LECHTZIN on behalf of JAMES REID (LECHTZIN, ERIC)
(Entered: |
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MOTION to
Modify the Case Management Order filed by WILLIAM A. CARTER,
HEMISPHERX BIOPHARMA, INC., DAVID R. STRAYER.Certificate of Counsel,
Certificate of Service.(RAINVILLE, GAY) (Entered: 06/28/2010) |
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ORDER THAT
AMENDED PLEADINGS DUE BY 11/2/2010., DISCOVERY DUE BY 10/20/2010., MOTIONS
DUE BY |
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MOTION to
Permit Discovery of Improper Communications between Lead Plaintiff's
Counsel and Cassandra Petrice filed by WILLIAM A. CARTER, HEMISPHERX
BIOPHARMA, INC., DAVID R. STRAYER.Memorandum of Law in Support, Certificate
of Service.(RAINVILLE, GAY) (Entered: 08/10/2010) |
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ORDER THAT
PLAINTIFFS SHALL RESPOND TO DEFENDANTS' MOTION TO PERMIT DISCOVERY OF
IMPROPER COMMUNICATIONS BETWEEN LEAD PLAINTIFF'S COUNSEL |
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Letter from
Sherrie R. Savett and Robert L. Hickok to JUDGE DIAMOND dated |
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ORDER THAT
LEAD PLAINTIFF'S COUNSEL |
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MOTION for
Extension of Time to File The Parties Joint Motion for Preliminary
Approval of Settlement filed by WILLIAM A. CARTER, HEMISPHERX BIOPHARMA,
INC., DAVID R. STRAYER.Certificate of Counsel,Certificate of Service.(HICKOK,
ROBERT) (Entered: 09/17/2010) |
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ORDER THAT THE
MOTION FOR EXTENSION OF TIME TO |
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***Set/Reset
Deadlines: MOTIONS DUE BY |
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MOTION for
Approval /JOINT MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT, PRELIMINARY
CERTIFICATION OF THE CLASS, |
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ORDER THAT THE
PARTIES SUBMIT SUPPLEMENTAL BREIFING ON THE NINE FACTORS I MUST CONSIDER IN
APPROVING A CLASS ACTION SETTLEMENT AGREEMENT AS SET |
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Memorandum re 62
MOTION for Approval /JOINT MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT,
PRELIMINARY CERTIFICATION OF THE CLASS, |
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ORDER THAT A
SETTLEMENT CONFERENCE SET FOR |
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MOTION for
Approval of Class Action Settlement and Plan of Allocation of Settlement
Proceeds and Award of Attorneys Fees and Reimbursement of Expenses filed
by HEMISPHERX BIOPHARMA, INC. SECURITIES LITIGATION.Certificate of
Service.(PODELL, BARBARA) (FILED IN ERROR)Modified on 1/18/2011 (kk, ).
(Entered: |
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Memorandum re 66
MOTION for Approval of Class Action Settlement and Plan of Allocation of
Settlement Proceeds and Award of Attorneys Fees and Reimbursement of Expenses
filed by HEMISPHERX BIOPHARMA, INC. SECURITIES LITIGATION. (PODELL,
BARBARA)(FILED IN ERROR) Modified on |
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Memorandum re 66
MOTION for Approval of Class Action Settlement and Plan of Allocation of
Settlement Proceeds and Award of Attorneys Fees and Reimbursement of Expenses
in Suport of Co-Lead's Application filed by HEMISPHERX BIOPHARMA, INC.
SECURITIES LITIGATION. (PODELL, BARBARA)(FILED IN ERROR) Modified on |
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MOTION for
Approval for Final Approval of Class Action Settlement and Plan of
Allocation of Settlement Proceeds and Award of Attorneys' Fees and
Reimbursement of Expenses filed by HEMISPHERX BIOPHARMA, INC. SECURITIES
LITIGATION.Certificate of Service. (Attachments: # 1
Text of Proposed Order Order and Final Judgment)(PODELL, BARBARA) (Entered: |
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Memorandum re 69
MOTION for Approval for Final Approval of Class Action Settlement and Plan
of Allocation of Settlement Proceeds and Award of Attorneys' Fees and
Reimbursement of Expenses filed by HEMISPHERX BIOPHARMA, INC. SECURITIES
LITIGATION. (PODELL, BARBARA) (Entered: |
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Memorandum re 69
MOTION for Approval for Final Approval of Class Action Settlement and Plan
of Allocation of Settlement Proceeds and Award of Attorneys' Fees and
Reimbursement of Expenses filed by HEMISPHERX BIOPHARMA, INC. SECURITIES
LITIGATION. (PODELL, BARBARA) (Entered: |
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Declaration re
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MOTION for Approval for Final Approval of Class Action Settlement and Plan
of Allocation of Settlement Proceeds and Award of Attorneys' Fees and
Reimbursement of Expenses by HEMISPHERX BIOPHARMA, INC. SECURITIES
LITIGATION. (Attachments: # 1
Exhibit A, # 2
Exhibit B (1 of 2), # 3
Exhibit B (2 of 2), # 4
Exhibit C, # 5
Exhibit D)(PODELL, BARBARA) (Entered: |
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RESPONSE to
Motion re 69
MOTION for Approval for Final Approval of Class Action Settlement and Plan
of Allocation of Settlement Proceeds and Award of Attorneys' Fees and
Reimbursement of Expenses, 66
MOTION for Approval of Class Action Settlement and Plan of Allocation of
Settlement Proceeds and Award of Attorneys Fees and Reimbursement of Expenses
Response to Objections of the Patels filed by HEMISPHERX BIOPHARMA,
INC. SECURITIES LITIGATION. (Attachments: # 1
Exhibit A)(PODELL, BARBARA) (Entered: |
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AFFIDAVIT re 69
MOTION for Approval for Final Approval of Class Action Settlement and Plan
of Allocation of Settlement Proceeds and Award of Attorneys' Fees and
Reimbursement of Expenses, 72
Declaration, Supplemental Affidavit of Edward J. Sincavage, CPA Regarding
Dissemination of Notice to the Class by HEMISPHERX BIOPHARMA, INC.
SECURITIES LITIGATION. (Attachments: # 1
Exhibit A, # 2
Exhibit B)(PODELL, BARBARA) (Entered: |
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MOTION to
Certify Class for Final Certification of the Settlement Class filed by
HEMISPHERX BIOPHARMA, INC. SECURITIES LITIGATION.Memorandum and Certificate
of Service. (Attachments: # 1
Memorandum of Law in Support, # 2
Certificate of Service)(PODELL, BARBARA) (Entered: |
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WRITTEN
OBJECTION TO THE SETTLEMENT by SWETABEN S. PATEL.(EXHIBITS FILED IN HARD |
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WRITTEN OBJECTION
TO THE SETTLEMENT by SURYAICANT R. PATEL.(EXHIBITS FILED IN HARD |
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78 |
Minute Entry
for proceedings held before HONORABLE PAUL S. DIAMOND: Settlement Conference
held on |
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02/07/2011 |
ORDER THAT THE
CLERK OF COURT SHALL DOCKET THIS PROOF OF CLAIM |
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02/07/2011 |
80 |
PROOF OF CLAIM
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02/09/2011 |
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Letter to
Attorney CAROLE BRODERICK re: L.R. 83.5 and 83.5.2. (kk, ) (Entered:
02/10/2011) |
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02/14/2011 |
ORDER THAT
LEAD PLAINTIFF'S MOTION FOR FINAL CERTIFICATION OF THE SETTLEMENT CLASS ( |
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