US District Court Civil Docket as of 09/30/2011
Retrieved from the court on
October 4, 2011

U.S. District Court
Southern District of New York (
Foley Square)
CIVIL DOCKET FOR CASE #:
1:09-cv-04147-RJH


Tyler v. Liz Claiborne, Inc. et al
Assigned to: Judge Richard J. Holwell
Cause: 15:78m(a) Securities Exchange Act


Date Filed:
04/28/2009
Date Terminated:
09/30/2011
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Lead Plaintiff

 

James S. Metz
TERMINATED:
04/19/2010

represented by

Robin Bronzaft Howald
Glancy Binkow & Goldberg LLP (NYC)
30 Broad Street, Suite 1401
New York, NY 10004
(212) 382-2221
Fax: (212) 382-3944
Email: hobbit99@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Katherine Carol Den Bleyker
Initiative Legal Group
APC
1800 Century Park East, 2nd Floor
Los Angeles, CA 90067
(310) 556-6825
Fax: (310) 861-9051
Email: kdenbleyker@initiativelegal.com
TERMINATED: 10/14/2010

 

 

 

Plaintiff

 

 

Angela Tyler
Individually and on behalf of all others similarly situated

represented by

Howard G. Smith
Smith & Smith
3070 Bristol Pike
Suite 112
Bensalem, PA 19020
(215) 638-4847
Fax: 215 638 4867
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Katherine Den Bleyker
Glancy Binkow & Goldberg, LLP (CA)
1801 Avenue of the Stars
Suite 311
Los Angeles, CA 90067
(310) 201-9150
Fax: (310) 201-9160
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lionel Z. Glancy
Glancy & Binkow Goldberg LLP
1801 Avenue of the Stars
Los Angeles, CA 90067
(310) 201-9150
Fax: (310) 201-9160
Email: lglancy@glancylaw.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Liz Claiborne, Inc.

represented by

Andrew James Ehrlich
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
(212) 373-3166
Fax: 212.373-0166
Email: aehrlich@paulweiss.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Leslie Gordon Fagen
Paul, Weiss, Rifkind, Wharton & Garrison LLP
1285 Avenue of the Americas
New York, NY 10019
212-373-3231
Fax: 212-492-0231
Email: lfagen@paulweiss.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tobias James Stern
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
(212)-373-3709
Fax: (212)-492-0709
Email: tstern@paulweiss.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Trudy F. Sullivan

represented by

Andrew James Ehrlich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Leslie Gordon Fagen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tobias James Stern
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

William L. McComb

represented by

Andrew James Ehrlich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Leslie Gordon Fagen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tobias James Stern
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

04/28/2009

1 

COMPLAINT against Liz Claiborne, Inc., Trudy F. Sullivan, William L. McComb. (Filing Fee $ 350.00, Receipt Number 686495)Document filed by Angela Tyler.(rdz) (ama). (Entered: 04/29/2009)

04/28/2009

  

SUMMONS ISSUED as to Liz Claiborne, Inc., Trudy F. Sullivan, William L. McComb. (rdz) (Entered: 04/29/2009)

04/28/2009

  

Magistrate Judge Andrew J. Peck is so designated. (rdz) (Entered: 04/29/2009)

04/28/2009

  

Case Designated ECF. (rdz) (Entered: 04/29/2009)

04/28/2009

  

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Howard G. Smith for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint to: case_openings@nysd.uscourts.gov. (rdz) (Entered: 04/29/2009)

06/29/2009

2 

MOTION to Appoint James S. Metz to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by James S. Metz.(Den Bleyker, Katherine) (Entered: 06/29/2009)

06/29/2009

3 

DECLARATION of Katherine DenBleyker in Support re: 2 MOTION to Appoint James S. Metz to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by James S. Metz. (Attachments: # 1 Exhibit A-D)(Den Bleyker, Katherine) (Entered: 06/29/2009)

06/29/2009

4 

MEMORANDUM OF LAW in Support re: 2 MOTION to Appoint James S. Metz to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by James S. Metz. (Den Bleyker, Katherine) (Entered: 06/29/2009)

06/29/2009

5 

CERTIFICATE OF SERVICE of Motion, Declaration, Memorandum, Proposed Order and Certificate of Service re Motion for Lead Plaintiff and Selection of Counsel served on Howard G. Smith, Liz Claiborne, Inc., Trudy F. Sullivan, and William L. McComb on 06/29/2009. Service was made by MAIL. Document filed by James S. Metz. (Den Bleyker, Katherine) (Entered: 06/29/2009)

08/17/2009

  

CASHIERS OFFICE REMARK in the amount of $25.00, paid on 08/04/2009, Receipt Number 696307. pro hac vice payment for Lionel Z Glancy (jd) (Entered: 08/17/2009)

09/11/2009

6 

NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Shirley Wohl Kram is no longer assigned to the case. (rdz) (Entered: 09/15/2009)

11/04/2009

7 

ORDER: The motion of James S. Metz for appointment as lead plaintiff and for approval of Katherine Den Bleyker of the firm of Glancy Binkow & Goldberg LLP as lead counsel [D 2 is denied without prejudice to renewal in the event proof of service is filed on or before November 12, 2009. Absent such filing, the action will be dismissed pursuant to Fed. R. Civ. P. 4(m). (Signed by Judge Lewis A. Kaplan on 11/4/2009) (jfe) (Entered: 11/04/2009)

11/10/2009

8 

NOTICE OF APPEARANCE by Leslie Gordon Fagen on behalf of Liz Claiborne, Inc., Trudy F. Sullivan, William L. McComb (Fagen, Leslie) (Entered: 11/10/2009)

11/10/2009

9 

NOTICE OF APPEARANCE by Andrew James Ehrlich on behalf of Liz Claiborne, Inc., Trudy F. Sullivan, William L. McComb (Ehrlich, Andrew) (Entered: 11/10/2009)

11/10/2009

10 

NOTICE OF APPEARANCE by Tobias James Stern on behalf of Liz Claiborne, Inc., Trudy F. Sullivan, William L. McComb (Stern, Tobias) (Entered: 11/10/2009)

11/10/2009

11 

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Liz Claiborne, Inc..(Fagen, Leslie) (Entered: 11/10/2009)

12/02/2009

12 

NOTICE OF CASE REASSIGNMENT to Judge Richard J. Holwell. Judge Lewis A. Kaplan is no longer assigned to the case due to Judge's recusal. (ldi) (Entered: 12/04/2009)

01/15/2010

13 

Initial Scheduling Conference Notice and Order, Counsel receiving this Order shall promptly mail or fax copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties. Counsel for all parties should note their appearance as counsel in this matter by letter immediately. Counsel for all parties are directed to confer regarding an agreed scheduling order pursuant to Fed, R, Civ. P, 26(f), If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than nine (9) months from the date of this order, counsel shall sign and email a PDF of the proposed schedule to the Orders and Judgment Clerk within fourteen (14) days from the date hereof, following the scheduling order requirements attached hereto, Counsel should note, in submitting their consent scheduling order, that the otherwise scheduled conference should be adjourned. If such a consent order is not filed within the time provided, an initial scheduling conference will be held in this matter on February 10, 2010 at 10:00 a.m. in Courtroom 17B at the U,S, Courthouse, 500 Pearl Street, New York, New York 10007. A proposed scheduling order, following the scheduling order requirements attached hereto, should be submitted to Chambers three days before the initial scheduling conference. Additional relief as set forth in this Order. (Signed by Judge Richard J. Holwell on 1/7/10) (pl) (Entered: 01/15/2010)

01/19/2010

14 

ORDER: On November 4, 2009, Judge Kaplan, who was at that time assigned to this case, ordered that plaintiffs file proof of service on or before November 12, 2009. (Order dated Nov. 4, 2009, Dkt. # 7.) "Absent such filing, the action will be dismissed pursuant to Fed. R. Civ. P. 4(m.)" (Id.) Because proof of service has still not been filed, the action is dismissed without prejudice. The Clerk of the Court is directed to close the case. (Signed by Judge Richard J. Holwell on 1/15/2010) (jfe) (Entered: 01/19/2010)

01/29/2010

15 

ORDER: In response to the Court's order 14 dismissing this action without prejudice, plaintiff produced a stipulation from defendants that waived proof of service. Accordingly, that order is vacated and the action is reopened nunc pro tunc. The Clerk of the Court is requested to reopen the case. SO ORDERED. (Signed by Judge Richard J. Holwell on 1/29/2010) (tve) (Entered: 02/01/2010)

01/29/2010

16 

STIPULATION AND ORDER; Plaintiff shall have sixty (60) days from the date of appointment of lead plaintiff and lead counsel under the Private Securities Litigation Reform Act within which to file an amended complaint; The Defendants shall have sixty (60) days from the date Plaintiff serves its amended complaint on the Defendants to move, answer, or otherwise respond with respect to the amended complaint. The Defendants shall have no obligation to move, answer, or otherwise respond to the original Complaint; In the event the Defendants move to dismiss the amended complaint, Plaintiff shall have sixty (60) days from the date the Defendants serve such a motion to serve their opposition papers. The Defendants shall have thirty (30) days from the date Plaintiff serves its opposition papers to serve reply papers. If Plaintiff is not appointed as lead plaintiff in this action pursuant to the Private Securities Litigation Reform Act, neither Plaintiff nor Defendants shall have any obligations under this stipulation. SO ORDERED. (Signed by Judge Richard J. Holwell on 1/29/2010) (tve) (Entered: 02/01/2010)

02/02/2010

17 

NOTICE OF APPEARANCE by Robin Bronzaft Howald on behalf of James S. Metz (Howald, Robin) (Entered: 02/02/2010)

02/02/2010

18 

NOTICE of RENEWAL OF MOTION OF JAMES S. METZ FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S SELECTION OF LEAD COUNSEL re: 4 Memorandum of Law in Support of Motion. Document filed by James S. Metz. (Howald, Robin) (Entered: 02/02/2010)

02/17/2010

19 

ORDER: It is hereby ordered that the motion 2 is granted. Movant James S. Metz is appointed to serve as lead plaintiff in the above-captioned action, pursuant to 15 U.S.C. § 78u-4(a)(3)(B). The law firm Glancy Binkow & Goldberg LLP is hereby approved as lead counsel for the putative class. Lead counsel shall provide general supervision of the activities of plaintiffs' counsel. It shall have authority to speak for plaintiffs in all matters regarding pretrial procedure, motions, trial, and settlement negotiations, and shall make all work assignments in such manner as to facilitate the orderly and efficient prosecution of this litigation and to avoid duplicative or unproductive effort. (Signed by Judge Richard J. Holwell on 2/16/2010) (jpo) (Entered: 02/17/2010)

04/10/2010

20 

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Katherine C. Den Bleyker to Withdraw as Attorney. Document filed by James S. Metz. (Attachments: # 1 Affidavit of Katherine C. Den Bleyker ISO Withdrawal)(Den Bleyker, Katherine) Modified on 4/13/2010 (jar). (Entered: 04/10/2010)

04/10/2010

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Katherine Den Bleyker to RE-FILE Document 20 MOTION for Katherine C. Den Bleyker to Withdraw as Attorney. ERROR(S): Supporting documents must be filed separately. Use the event type Affidavit in Support found under the event list Replies, Oppositions, Supporting Documents. NOTE: The motion must first be correctly re-filed. (jar) (Entered: 04/13/2010)

04/13/2010

21 

NOTICE OF CHANGE OF ADDRESS by Katherine Carol Den Bleyker on behalf of James S. Metz. New Address: Initiative Legal Group APC, 1800 Century Park East, 2nd Floor, Los Angeles, California, USA 90067, 310-556-6825. (Den Bleyker, Katherine) (Entered: 04/13/2010)

04/13/2010

22 

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Katherine Den Bleyker in Support re: 20 MOTION for Katherine C. Den Bleyker to Withdraw as Attorney.. Document filed by James S. Metz. (Den Bleyker, Katherine) Modified on 4/14/2010 (jar). (Entered: 04/13/2010)

04/13/2010

  

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Katherine Bleyker to RE-FILE Document 22 Affidavit in Support of Motion. ERROR(S): A document cannot be linked to a Filing Error. The Motion to Withdraw must be correctly re-filed, then link Affidavit to correctly re-filed Motion. (jar) (Entered: 04/14/2010)

04/14/2010

23 

MOTION for Katherine C. Den Bleyker to Withdraw as Attorney. Document filed by James S. Metz.(Den Bleyker, Katherine) (Entered: 04/14/2010)

04/14/2010

24 

AFFIDAVIT of Katherine Den Bleyker in Support re: 23 MOTION for Katherine C. Den Bleyker to Withdraw as Attorney.. Document filed by James S. Metz. (Den Bleyker, Katherine) (Entered: 04/14/2010)

04/19/2010

25 

AMENDED COMPLAINT amending 1 Complaint against Liz Claiborne, Inc., Trudy F. Sullivan, William L. McComb.Document filed by James S. Metz. Related document: 1 Complaint filed by Angela Tyler. (Attachments: # 1 Part 2)(mbe) (Entered: 04/23/2010)

07/22/2010

26 

ORDER: An Initial Scheduling Conference will be held in this matter on 7/30/2010 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. A proposed scheduling order, following the scheduling order requirements attached hereto, should be submitted to Chambers three days before the initial scheduling conference. The defendants' proposed motion to dismiss will be addressed at the July 30, 2010 conference. (Signed by Judge Richard J. Holwell on 7/21/2010) (tro) (Entered: 07/22/2010)

07/30/2010

  

Minute Entry for proceedings held before Judge Richard J. Holwell: Conference held on 7/30/2010. The Court adopts scheduling report; The Court will set next PTC after reviewing motion papers. (mro) (Entered: 08/05/2010)

08/16/2010

27 

SCHEDULING ORDER: Jury Trial Requested Yes. Probable Length of Trail Two weeks Amended Pleadings due by 8/16/2010. Motions due by 9/17/2010. Responses due by 10/18/2010 Replies due by 11/1/2010. (Signed by Judge Richard J. Holwell on 7/30/2010) (jmi) (Entered: 08/16/2010)

08/16/2010

28 

ENDORSED LETTER addressed to Judge Richard J. Holwell from Lawrence P. Eagel dated 8/13/2010 re: Counsel propose the following motion schedule: Amended Complaint 8/23/2010; Defendants' Motion to Dismiss 9/25/2010; Plaintiffs Opposition to Motion 10/25/2010; Defendants Reply in Support of Motion 11/8/2010. ENDORSEMENT: SO ORDERED. (Amended Pleadings due by 8/23/2010. Motions due by 9/25/2010. Responses due by 10/25/2010, Replies due by 11/8/2010.) (Signed by Judge Richard J. Sullivan on 8/16/2010)- PART I (tro) (Entered: 08/16/2010)

08/23/2010

29 

SECOND AMENDED COMPLAINT amending 25 Amended Complaint against Liz Claiborne, Inc., William L. McComb, Trudy F. Sullivan with JURY DEMAND.Document filed by Angela Tyler. Related document: 25 Amended Complaint filed by James S. Metz.(rdz) (Entered: 08/24/2010)

10/04/2010

30 

MOTION to Dismiss the Second Amended Complaint. Document filed by Liz Claiborne, Inc., William L. McComb, Trudy F. Sullivan.(Fagen, Leslie) (Entered: 10/04/2010)

10/04/2010

31 

MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss the Second Amended Complaint.. Document filed by Liz Claiborne, Inc., William L. McComb, Trudy F. Sullivan. (Fagen, Leslie) (Entered: 10/04/2010)

10/04/2010

32 

DECLARATION of Tobias J. Stern in Support re: 30 MOTION to Dismiss the Second Amended Complaint.. Document filed by Liz Claiborne, Inc., William L. McComb, Trudy F. Sullivan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Stern, Tobias) (Entered: 10/04/2010)

10/06/2010

33 

ENDORSED LETTER addressed to Judge Richard J. Holwell from Tobias J. Stern dated 9/23/10 re: Counsel proposes the following briefing schedule: Defendants' motion to dismiss due October 4, 2010; Plaintiffs' Opposition to Motion due November 1, 2010; and Defendants' Reply in Support of Motion due November 15, 2010. ENDORSEMENT: SO ORDERED. ( Motions due by 10/4/2010, Responses due by 11/1/2010, Replies due by 11/15/2010.) (Signed by Judge Richard J. Holwell on 10/4/10) (djc) (Entered: 10/06/2010)

10/14/2010

34 

ORDER granting 23 Motion to Withdraw as Attorney on behalf of James S. Metz (Lead Plaintiff) subject to the following conditions. (i) Ms. Den Bleyker shall file proof of service of this Order upon Lead Plaintiff at his current address by commercial courier; (ii) Ms. Den Bleyker shall provide notice to the Court and defendant's counsel of Lead Plaintiff's current home address, telephone and fax numbers, and e-mail address(es). (Signed by Judge Richard J. Holwell on 10/13/10) (djc) Modified on 10/14/2010 (djc). (Entered: 10/14/2010)

10/19/2010

35 

NOTICE of Proof of Service of Order re: 34 Order on Motion to Withdraw as Attorney,,. Document filed by Angela Tyler. (Den Bleyker, Katherine) (Entered: 10/19/2010)

10/28/2010

36 

ENDORSED LETTER addressed to Judge Richard J. Holwell from Robin B. Howald dated 10/25/2010 re: Counsel request a short extension of time on the dates remaining in the briefing schedule as follows: 11/15/2010 for lead plaintiff to file opposition papers and 12/10/2010 for defendants to file reply papers. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 10/28/2010) (jfe) (Entered: 10/28/2010)

11/15/2010

37 

MEMORANDUM OF LAW in Opposition re: 30 MOTION to Dismiss the Second Amended Complaint.. Document filed by James S. Metz. (Howald, Robin) (Entered: 11/15/2010)

11/15/2010

38 

DECLARATION of ROBIN BRONZAFT HOWALD in Opposition re: 30 MOTION to Dismiss the Second Amended Complaint.. Document filed by James S. Metz. (Howald, Robin) (Entered: 11/15/2010)

12/10/2010

39 

REPLY MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss the Second Amended Complaint.. Document filed by Liz Claiborne, Inc., William L. McComb, Trudy F. Sullivan. (Fagen, Leslie) (Entered: 12/10/2010)

12/10/2010

40 

DECLARATION of Andrew J. Ehrlich in Support re: 30 MOTION to Dismiss the Second Amended Complaint.. Document filed by Liz Claiborne, Inc., William L. McComb, Trudy F. Sullivan. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1, # 3 Exhibit B Part 2, # 4 Exhibit B Part 3, # 5 Exhibit C)(Ehrlich, Andrew) (Entered: 12/10/2010)

08/08/2011

41 

NOTICE OF CHANGE OF ADDRESS by Robin Bronzaft Howald on behalf of Angela Tyler. New Address: Glancy Binkow & Goldberg LLP, 30 Broad Street, Suite 1401, New York, New York, USA 10004, (212) 382-2221. (Howald, Robin) (Entered: 08/08/2011)

09/29/2011

42 

MEMORANDUM OPINION AND ORDER re: 30 MOTION to Dismiss the Second Amended Complaint filed by Liz Claiborne, Inc., William L. McComb, Trudy F. Sullivan. For the reasons stated above, defendants' motion to dismiss is GRANTED in its entirety, and this action is dismissed with prejudice. The Clerk of the Court is directed to close this motion 30 and close this case. (Signed by Judge Richard J. Holwell on 9/29/2011) (mro) (Entered: 09/29/2011)

09/29/2011

  

Transmission to Judgments and Orders Clerk. Transmitted re: 42 Memorandum & Opinion to the Judgments and Orders Clerk. (mro) (Entered: 09/29/2011)

09/30/2011

43 

CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated September 29, 2011, defendants motion to dismiss is granted in its entirety, and this action is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/30/11) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 09/30/2011)

 

 

Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html