US District Court Civil Docket as of 09/27/2010

Retrieved from the court on 29 September 2010

U.S. District Court
DISTRICT OF ARIZONA (Phoenix Division)
CIVIL DOCKET FOR CASE #: 2:09-cv-01479-ROS


de La Soujeole, et al. v. Matrixx Initiatives, Inc. et al
Assigned to: Judge Roslyn O Silver

Related Case: 

2:09-cv-01951-SRB

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


Date Filed: 07/17/2009
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Plaintiff

 

David Shapiro
Individually and On Behalf Of All Others Similarly Situated

represented by

Christopher S Jones ,
Saxena White
2424 N Federal Hwy
Ste 257
Boca Raton, FL 33431
561-394-3399
Fax: 561-394-3382
Email: cjones@saxenawhite.com
ATTORNEY TO BE NOTICED

Jeremy James Christian
Tiffany & Bosco PA
Camelback Esplanade II
2525 E Camelback Rd
3rd Floor
Phoenix, AZ 85016
602-255-6038
Fax: 602-255-0103
Email: jjc@tblaw.com
ATTORNEY TO BE NOTICED

Joseph E White , III
Saxena White
2424 N Federal Hwy
Ste 257
Boca Raton, FL 33431
561-394-3399
Fax: 561-394-3382
Email: jwhite@saxenawhite.com
ATTORNEY TO BE NOTICED

Lester R Hooker ,
Saxena White
2424 N Federal Hwy
Ste 257
Boca Raton, FL 33431
561-394-3399
Fax: 561-394-3382
Email: lhooker@saxenawhite.com
ATTORNEY TO BE NOTICED

Maya Saxena ,
Saxena White
2424 N Federal Hwy
Ste 257
Boca Raton, FL 33431
561-394-3399
Fax: 561-394-3382
Email: msaxena@saxenawhite.com
ATTORNEY TO BE NOTICED

Nadeem Faruqi
Faruqi & Faruqi LLP
369 Lexington Ave
10th Floor
New York, NY 10017-6531
212-983-9330
Fax: 212-983-9331
Email: nfaruqi@faruqilaw.com
ATTORNEY TO BE NOTICED

Richard Glenn Himelrick
Tiffany & Bosco PA
2525 E Camelback Rd
3rd Floor
Phoenix, AZ 85016
602-255-6021
Fax: 602-255-0103
Email: rgh@tblaw.com
ATTORNEY TO BE NOTICED

Vahn Alexander
Faruqi & Faruqi LLP
1901 Ave of the Stars
2nd Floor
Los Angeles, CA 90067
310-461-1426
Fax: 310-461-1427
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Axel Alegre de La Soujeole
Lead Plaintiff

represented by

Christopher S Jones
Saxena White
2424 N Federal Hwy
Ste 257
Boca Raton, FL 33431
561-394-3399
Fax: 561-394-3382
Email: cjones@saxenawhite.com
ATTORNEY TO BE NOTICED

Jeremy James Christian
(See above for address)
ATTORNEY TO BE NOTICED

Joseph E White , III
Saxena White
2424 N Federal Hwy
Ste 257
Boca Raton, FL 33431
561-394-3399
Fax: 561-394-3382
Email: jwhite@saxenawhite.com
ATTORNEY TO BE NOTICED

Maya Saxena
Saxena White
2424 N Federal Hwy
Ste 257
Boca Raton, FL 33431
561-394-3399
Fax: 561-394-3382
Email: msaxena@saxenawhite.com
ATTORNEY TO BE NOTICED

Nadeem Faruqi
(See above for address)
ATTORNEY TO BE NOTICED

Richard Glenn Himelrick
(See above for address)
ATTORNEY TO BE NOTICED

Vahn Alexander
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 


V.

 

 

Defendant

 

 

Matrixx Initiatives Incorporated

represented by

Amy J Longo
OMelveny & Myers
610 Newport Center Dr
17th Floor
Newport Beach, CA 92660
949-823-7175
Fax: 949-823-6994
Email: alongo@omm.com
ATTORNEY TO BE NOTICED

David B Rosenbaum
Osborn Maledon PA
PO Box 36379
Phoenix, AZ 85067-6379
602-640-9000
Fax: 602-640-6051
Email: drosenbaum@omlaw.com
ATTORNEY TO BE NOTICED

Maureen Beyers
Osborn Maledon PA
2929 N Central Ave
Phoenix, AZ 85012-2794
602-640-9305
Fax: 602-664-2053
Email: mbeyers@omlaw.com
ATTORNEY TO BE NOTICED

Michael G Yoder
OMelveny & Myers
610 Newport Center Dr
17th Floor
Newport Beach, CA 92660
949-823-7936
Fax: 949-823-6994
Email: myoder@omm.com
ATTORNEY TO BE NOTICED

Molly J Magnuson
OMelveny & Myers
610 Newport Center Dr
17th Floor
Newport Beach, CA 92660
949-823-7167
Fax: 949-823-6994
Email: mmagnuson@omm.com
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

William J Hemelt

represented by

Amy J Longo
(See above for address)
ATTORNEY TO BE NOTICED

David B Rosenbaum
(See above for address)
ATTORNEY TO BE NOTICED

Maureen Beyers
(See above for address)
ATTORNEY TO BE NOTICED

Michael G Yoder
(See above for address)
ATTORNEY TO BE NOTICED

Molly J Magnuson
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Samuel C Cowley

represented by

Amy J Longo
(See above for address)
ATTORNEY TO BE NOTICED

David B Rosenbaum
(See above for address)
ATTORNEY TO BE NOTICED

Maureen Beyers
(See above for address)
ATTORNEY TO BE NOTICED

Michael G Yoder
(See above for address)
ATTORNEY TO BE NOTICED

Molly J Magnuson
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Timothy L Clarot

represented by

Amy J Longo
(See above for address)
ATTORNEY TO BE NOTICED

David B Rosenbaum
(See above for address)
ATTORNEY TO BE NOTICED

Maureen Beyers
(See above for address)
ATTORNEY TO BE NOTICED

Michael G Yoder
(See above for address)
ATTORNEY TO BE NOTICED

Molly J Magnuson
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Carl J Johnson

represented by

Amy J Longo
(See above for address)
ATTORNEY TO BE NOTICED

David B Rosenbaum
(See above for address)
ATTORNEY TO BE NOTICED

Maureen Beyers
(See above for address)
ATTORNEY TO BE NOTICED

Michael G Yoder
(See above for address)
ATTORNEY TO BE NOTICED

Molly J Magnuson
(See above for address)
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

07/17/2009

1 

COMPLAINT. Filing fee received: $ 350.00, receipt number 09700000000003008766, filed by David Shapiro. (Attachments: # 1 Exhibit A (Certificate in Support of Class Action), # 2 Civil Cover Sheet, # 3 Summons Clarot, # 4 Summons Cowley, # 5 Summons Hemelt, # 6 Summons Johnson, # 7 Summons Matrixx)(Himelrick, Richard) (Entered: 07/17/2009)

07/17/2009

This case has been assigned to the Honorable Edward C. Voss. All future pleadings or documents should bear the correct case number: CV-09-1479-PHX-ECV. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AMB) (Entered: 07/20/2009)

07/17/2009

3 

Magistrate Election Form Deadline. (Attachments: # 1 Magistrate consent form)(AMB) (Entered: 07/20/2009)

07/17/2009

4 

Summons Issued as to Matrixx Initiatives, Inc., William J Hemelt, Samuel C Cowley, Timothy L Clarot, Carl J Johnson. (Attachments: # 1 William J Hemlet, # 2 Samuel C Cowley, # 3 Timothy L Clarot, # 4 Carl J Johnson)(AMB). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 07/20/2009)

07/21/2009

Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 07/22/2009)

07/24/2009

6 

SUMMONS Returned Executed by David Shapiro. Matrixx Initiatives, Inc. served on 7/21/2009. (Attachments: # 1 Summons)(Himelrick, Richard) (Entered: 07/24/2009)

07/28/2009

7 

SUMMONS Returned Executed by David Shapiro. William J Hemelt served on 7/22/2009. (Attachments: # 1 Summons)(Himelrick, Richard) (Entered: 07/28/2009)

08/06/2009

8 

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Joint Stipulation Extending Time to Respond to Complaint - First Request by Carl J Johnson, Samuel C Cowley, William J Hemelt, Matrixx Initiatives, Inc., Timothy L Clarot. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Stipulated Schedule)(Beyers, Maureen) (Entered: 08/06/2009)

08/06/2009

9 

NOTICE of Appearance by Maureen Beyers on behalf of Timothy L Clarot, Samuel C Cowley, William J Hemelt, Carl J Johnson, Matrixx Initiatives, Inc. (Beyers, Maureen) (Entered: 08/06/2009)

08/12/2009

10 

ORDER pursuant to Joint 8 Stipulation For Extension of Time To Answer Complaint: that Defendants shall have until on or before October 14, 2009, to move, answer or otherwise respond to the Complaint. Signed by Magistrate Judge Edward C Voss on 8/11/09. (KMG, ) (Entered: 08/12/2009)

08/12/2009

11 

MOTION for Admission Pro Hac Vice as to attorney Christopher S Jones on behalf of David Shapiro. (BAS) (Entered: 08/12/2009)

08/12/2009

12 

MOTION for Admission Pro Hac Vice as to attorney Maya Saxena on behalf of David Shapiro. (BAS) (Entered: 08/12/2009)

08/12/2009

13 

MOTION for Admission Pro Hac Vice as to attorney Joseph E White III on behalf of David Shapiro. (BAS) (Entered: 08/12/2009)

08/12/2009

14 

MOTION for Admission Pro Hac Vice as to attorney Lester R Hooker on behalf of David Shapiro. (BAS) (Entered: 08/12/2009)

08/12/2009

  

PRO HAC VICE FEE PAID. $ 200, receipt number PHX087410, PHX087411, PHX087412, and PHX087413 as to Joseph E White, Maya Saxena, Lester R Hooker, Christopher S Jones. (BAS, ) (Entered: 08/12/2009)

08/12/2009

15 

ORDER pursuant to General Order 05-25 granting 11 Motion for Admission Pro Hac Vice; granting 12 Motion for Admission Pro Hac Vice; granting 13 Motion for Admission Pro Hac Vice; granting 14 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/12/2009)

08/28/2009

16 

MOTION for Admission Pro Hac Vice as to attorney Amy Jane Longo on behalf of Matrixx Initiatives, Inc. (BAS) (Entered: 08/31/2009)

08/28/2009

17 

MOTION for Admission Pro Hac Vice as to attorney Molly J Magnuson on behalf of Matrixx Initiatives, Inc. (BAS) (Entered: 08/31/2009)

08/28/2009

18 

MOTION for Admission Pro Hac Vice as to attorney Michael Yoder on behalf of Matrixx Initiatives, Inc. (BAS) (Entered: 08/31/2009)

08/31/2009

  

PRO HAC VICE FEE PAID. $ 150, receipt number PHX087967 as to Molly J Magnuson, Michael G Yoder, Amy J Longo. (BAS) (Entered: 08/31/2009)

08/31/2009

19 

ORDER pursuant to General Order 05-25 granting 16 Motion for Admission Pro Hac Vice; granting 17 Motion for Admission Pro Hac Vice; granting 18 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/31/2009)

09/10/2009

20 

Ordered that Timothy L Clarot, Samuel C Cowley, William J Hemelt, Carl J Johnson, Matrixx Initiatives, Inc. show cause for failure to comply with LRCiv 3.8(a) before Judge Roslyn O Silver. Show Cause Hearing set for 10/15/2009 01:30 PM before Judge Roslyn O Silver. (Attachments: # 1 Instructions, # 2 Consent Form)(MAP) (Entered: 09/10/2009)

09/11/2009

21 

Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 09/14/2009)

09/14/2009

22 

Minute Order Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Roslyn O. Silver. All further pleadings/papers should now list the following COMPLETE case number: CV 09-1479-PHX-ROS. FURTHER ORDERED that the Order to Show Cause hearing scheduled for 10/15/09 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 09/14/2009)

09/14/2009

23 

NOTICE of Appearance by David B Rosenbaum on behalf of Timothy L Clarot, Samuel C Cowley, William J Hemelt, Carl J Johnson, Matrixx Initiatives, Inc. (Rosenbaum, David) (Entered: 09/14/2009)

09/15/2009

24 

MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead and Local Counsel by David Shapiro. (Attachments: # 1 Exhibit A - Declaration of Joseph E. White, III in Support of Motion for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead and Local Counsel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order Appointing Lead Plaintiff and Appointing Counsel)(Himelrick, Richard) (Entered: 09/15/2009)

09/18/2009

25 

ORDER denying 24 Motion for Appointment as Lead Plaintiff. Signed by Judge Roslyn O Silver on 9/17/09.(TLJ) (Entered: 09/18/2009)

09/18/2009

26 

MOTION for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead and Local Counsel (REFILED PER THE COURT'S 09/17/09 ORDER [DKT. 25]) by David Shapiro. (Attachments: # 1 Exhibit A - Declaration of Joseph E. White, III in Support of Motion for Appointment as Lead Plaintiff and Approval of Selection of Co-Lead and Local Counsel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order Appointing Lead Plaintiff)(Himelrick, Richard) (Entered: 09/18/2009)

10/13/2009

27 

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Joint Stipulation Extending Time to Respond to Complaint by Carl J Johnson, Samuel C Cowley, William J Hemelt, Matrixx Initiatives, Inc., Timothy L Clarot. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Stipulated Schedule)(Rosenbaum, David) (Entered: 10/13/2009)

10/15/2009

28 

ORDER pursuant to 27 Stipulation For Extension of Time To Answer Complaint, Plaintiff shall have 60 days from the date an order is issued resolving plaintiff's Motion for Appointment of Lead Plaintiff and Counsel to file an amended complaint. Defendants shall have 60 days from the filing of an amended complaint to move, answer or otherwise respond to the complaint. Plaintiff shall have 60 days from the filing of any responsive motion by defendants to oppose such motion. Defendants shall have 45 days from the filing of any opposition to a responsive motion to file their reply. Signed by Judge Roslyn O Silver on 10/14/09. (DMT, ) (Entered: 10/15/2009)

07/28/2010

29 

ORDER that Movant's 26 Motion for Appointment as Lead Plaintiff and Approval of Selection of Co-lead and Local Counsel IS GRANTED. Signed by Judge Roslyn O Silver on 07/27/10. (ESL) (Entered: 07/28/2010)

09/27/2010

30 

AMENDED COMPLAINT [CLASS ACTION] FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against Timothy L Clarot, Samuel C Cowley, William J Hemelt, Carl J Johnson, Matrixx Initiatives Incorporated, filed by David Shapiro.(Christian, Jeremy) (Entered: 09/27/2010)

 

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