US District Court Civil Docket as of April 07, 2010

Retrieved from the court on April 20, 2010

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:09-cv-06501-RGK-PLA


In re PACIFIC CAPITAL BANCORP SECURITIES LITIGATION
Assigned to: Judge R. Gary Klausner
Referred to: Magistrate Judge Paul L. Abrams
Member case: (View Member Case)

Related Case: 

2:09-cv-07400-RGK-PLA

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


Date Filed: 09/08/2009
Date Terminated: 02/22/2010
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

 

Plaintiff

 

William Jurkowitz
Individually and on Behalf of all Others Similarly Situated

represented by

Lionel Z Glancy
Glancy Binkow & Goldberg LLP
1801 Avenue of the Stars Suite 311
Los Angeles, CA 90067
310-201-9150
Fax: 310-201-9160
Email: lglancy@glancylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Marc L Godino
Glancy Binkow and Goldberg LLP
1801 Avenue of the Stars
Suite 311
Los Angeles, CA 90067
310-201-9150
Fax: 310-201-9160
Email: mgodino@glancylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark Levine
Stull Stull & Brody
6 East 45th Street 4th Floor
New York, NY 10017
212-687-7230
Fax: 212-490-2022
Email: mlevine@ssbny.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Michael M Goldberg
Glancy Binkow & Goldberg LLP
1801 Avenue of the Stars Suite 311
Los Angeles, CA 90067
310-201-9150
Fax: 310-201-9160
Email: mmgoldberg@glancylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patrice L Bishop
Stull Stull and Brody
10940 Wilshire Boulevard Suite 2300
Los Angeles, CA 90024
310-209-2468
Fax: 310-209-2087
Email: service@ssbla.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jason D'Agnenica
Stull Stull & Brody
6 East 45th Street
New York, NY 10017
212-687-7230
Fax: 212-490-2022
TERMINATED: 10/19/2009
PRO HAC VICE

Jules Brody
Stull Stull & Brody
6 East 45th Street Suite 500
New York, NY 10017
212-687-7230
Fax: 212-490-2022
Email: jbrody@ssbny.com
TERMINATED: 10/20/2009
PRO HAC VICE

 

 

 

Plaintiff

 

 

Peter Pagano
TERMINATED: 02/22/2010

represented by

Lionel Z Glancy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Marc L Godino
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael M Goldberg
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patrice L Bishop
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Timothy J Burke
Stull Stull & Brody
10940 Wilshire Boulevard Suite 2300
Los Angeles, CA 90024
310-209-2468
Fax: 310-209-2087
Email: service@ssbla.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Marjorie Pagano
TERMINATED: 02/22/2010

represented by

Lionel Z Glancy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Marc L Godino
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael M Goldberg
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patrice L Bishop
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Timothy J Burke
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Peter Alex Pagano
TERMINATED: 02/22/2010

represented by

Lionel Z Glancy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Marc L Godino
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael M Goldberg
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patrice L Bishop
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Timothy J Burke
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Johnny Rios
TERMINATED: 02/22/2010

represented by

Lionel Z Glancy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Marc L Godino
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael M Goldberg
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Plaintiff

 

 

Thomas Shotke

 

 

 

 

 


V.

 

 

Defendant

 

 

Pacific Capital Bancorp
TERMINATED: 02/22/2010

represented by

Daniel J Tyukody, Jr
Orrick Herrington and Sutcliffe
777 South Figueroa Street, Suite 3200
Los Angeles, CA 90017
213-629-2020
Email: dtyukody@orrick.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael C Tu
Orrick Herrington and Sutcliffe LLP
777 South Figueroa Street Suite 3200
Los Angeles, CA 90017
213-629-2020
Fax: 213-612-2499
Email: mtu@orrick.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

George Leis
TERMINATED: 02/22/2010

represented by

Daniel J Tyukody, Jr
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

David Porter
TERMINATED: 02/22/2010

represented by

Daniel J Tyukody, Jr
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Sandler O'Neill & Partners L.P.
TERMINATED: 02/22/2010

represented by

Karl D Belgum
Nixon Peabody LLP
1 Embarcadero Center
San Francisco, CA 94111
415-371-1200
Email: kbelgum@nixonpeabody.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephanie Karnavas
Nixon Peabody LLP
One Embarcadero Center
18th Floor
San Francisco, CA 94111-3600
415-984-8244
Email: skarnavas@nixonpeabody.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

Defendant

 

 

Sandler O'Neill Asset Management LLC
TERMINATED: 09/30/2009

represented by

Karl D Belgum
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

 

 

 

Date Filed

#

Docket Text

09/08/2009

1 

COMPLAINT against Defendant Sandler O'Neill Asset Management LLC, Pacific Capital Bancorp, George Leis, David Porter, Sandler O'Neill & Partners L.P.(Filing fee $ 350 PAID) Jury Demanded, filed by plaintiff William Jurkowitz.(car) (esa). (Entered: 09/10/2009)

09/08/2009

  

20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Sandler O'Neill Asset Management LLC, Pacific Capital Bancorp, George Leis, David Porter, Sandler O'Neill & Partners L.P. (car) (Entered: 09/10/2009)

09/08/2009

2 

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff William Jurkowitz (car) (esa). (Entered: 09/10/2009)

09/08/2009

3 

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Jason D'Agnenica for Plaintiff William Jurkowitz. (car) (Entered: 09/10/2009)

09/08/2009

4 

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Mark Levine for Plaintiff William Jurkowitz. (car) (Entered: 09/10/2009)

09/08/2009

5 

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Jules Brody for Plaintiff William Jurkowitz. (car) (Entered: 09/10/2009)

09/11/2009

6 

STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE. This action has been assigned to the calendar of Judge R Gary Klausner. The Responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys in the action but upon the Court as well. To secure the just, speedy and inexpensive determination of every action, all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedures (See document for further details). (shb) (Entered: 09/15/2009)

09/25/2009

7 

STIPULATION for Extension of Time to File LEAD PLAINTIFF'S OPERATIVE COMPLAINT, STIPULATION for Extension of Time to File DATE BY WHICH DEFENDANTS WILL RESPOND TO LEAD PLAINTIFF'S OPERATIVE COMPLAINT filed by Defendant William Jurkowitz, Pacific Capital Bancorp, George Leis, David Porter, Sandler O'Neill & Partners L.P..(Belgum, Karl) (Entered: 09/25/2009)

09/25/2009

8 

PROOF OF SERVICE filed by DEFENDANT Sandler O'Neill & Partners L.P., re Stipulation for Extension of Time to File, Stipulation for Extension of Time to File Response/Reply,, 7 to Lead Plaintiff's Operative Complaint served on 09/25/2009. (Belgum, Karl) (Entered: 09/25/2009)

09/29/2009

9 

PROOF OF SERVICE Executed by Plaintiff William Jurkowitz, upon Pacific Capital Bancorp served on 9/11/2009, answer due 10/1/2009. The Summons and Complaint were served by Personal service, by CCP 416.10 statute, upon Federick W. Clough, Registered Agent. Due Dilligence declaration Yes. Original Summons No. (Bishop, Patrice) (Entered: 09/29/2009)

09/29/2009

10 

PROOF OF SERVICE Executed by Plaintiff William Jurkowitz, upon Sandler O'Neill & Partners L.P. served on 9/11/2009, answer due 10/1/2009. The Summons and Complaint were served by Personal service, by F.R.Civ.P. 4(h) statute, upon Christopher S. Hooper, General Counsel. Due Dilligence declaration No. Original Summons No. (Bishop, Patrice) (Entered: 09/29/2009)

09/29/2009

11 

PROOF OF SERVICE Executed by Plaintiff William Jurkowitz, upon Sandler O'Neil & Partners L.P. The Summons and Complaint were served by Personal service, by F.R.Civ.P. 4(h) statute, upon Christopher S. Hooper, General Counsel. Due Dilligence declaration No. Original Summons No. (Bishop, Patrice) (Entered: 09/29/2009)

09/29/2009

12 

PROOF OF SERVICE Executed by Plaintiff William Jurkowitz, upon Sandler O'Neill Asset Management LLC served on 9/11/2009, answer due 10/1/2009. The Summons and Complaint were served by Personal service, by F.R.Civ.P. 4(h) statute, upon Scott A. Kucsma, Chief Financial Officer. Due Dilligence declaration No.. Original Summons No. (Bishop, Patrice) (Entered: 09/29/2009)

09/29/2009

13 

NOTICE OF ERRATA filed by Plaintiff William Jurkowitz. correcting Service of Summons and Complaint Returned Executed (20 days), Service of Summons and Complaint Returned Executed (20 days) 10 (Bishop, Patrice) (Entered: 09/29/2009)

09/29/2009

14 

NOTICE OF DISMISSAL filed by Plaintiff William Jurkowitz pursuant to FRCP 41a(1) as to Sandler O'Neill Asset Management LLC. (Bishop, Patrice) (Entered: 09/29/2009)

09/30/2009

15 

FIRST STIPULATION Extending Time to Answer the complaint as to Pacific Capital Bancorp answer now due 10/30/2009; Sandler O'Neill & Partners L.P. answer now due 10/30/2009, filed by Defendant Sandler O'Neill & Partners L.P..(Belgum, Karl) (Entered: 09/30/2009)

09/30/2009

16 

DEFENDANT'S CERTIFICATION of Interested Parties filed by Defendant Pacific Capital Bancorp, (Tu, Michael) (Entered: 09/30/2009)

10/01/2009

  

DELETION for the following reason: Attorney Karl Belguim erroneously added as counsel of record to the Plaintiffs and Defendants Bancorp, Leis and Porter.(sm) (Entered: 10/01/2009)

10/01/2009

17 

CERTIFICATE of Interested Parties filed by Defendant Sandler O'Neill & Partners L.P., identifying Sandler O'Neill & Partners, L.P., Sandler O'Neill Advisors, L.P., American International Specialty Lines Insurance Company. (Belgum, Karl) (Entered: 10/01/2009)

10/07/2009

18 

NOTICE OF LODGING filed by Sandler O'Neill & Partners L.P. of Proposed Order re Stipulation for Extension of Time to File, Stipulation for Extension of Time to File Response/Reply,, 7 (Belgum, Karl) (Entered: 10/07/2009)

10/07/2009

19 

DECLARATION of Karl D. Belgum re Stipulation for Extension of Time to File, Stipulation for Extension of Time to File Response/Reply,, 7 filed by Defendant Sandler O'Neill & Partners L.P.. (Belgum, Karl) (Entered: 10/07/2009)

10/08/2009

20 

ORDER DENYING STIPULATION REGARDING DATE BY WHICH LEAD PLAINTIFFS OPERATIVECOMPLAINT WILL BE FILED; AND (2) DATE BY WHICH DEFENDANTS WILL RESPOND TO LEADPLAINTIFF'S OPERATIVE COMPLAINT by Judge R. Gary Klausner. (yl) (Entered: 10/08/2009)

10/09/2009

21 

APPLICATION for attorney Mark Levine to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005996555 paid.) filed by Plaintiff William Jurkowitz. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order)(Bishop, Patrice) (Entered: 10/09/2009)

10/13/2009

22 

ORDER by Judge R. Gary Klausner: granting 21 Application to Appear Pro Hac Vice by Attorney Mark Levine on behalf of Plaintiff William Jurkowitz, designating Patrice L. Bishop as local counsel. (shb) (Entered: 10/14/2009)

10/16/2009

23 

NOTICE of Change of Attorney Information for attorney Patrice L Bishop counsel for Plaintiff William Jurkowitz.Jason D'Agnenica is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff William Jurkowitz (Bishop, Patrice) (Entered: 10/16/2009)

10/20/2009

24 

NOTICE of Change of Attorney Information for attorney Patrice L Bishop counsel for Plaintiff William Jurkowitz.Jules Brody is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff William Jurkowitz (Bishop, Patrice) (Entered: 10/20/2009)

10/21/2009

25 

STIPULATION for Extension of Time to File Answer to (30) Days After the Appointment of Lead Plaintiff(s) and Lead Counsel re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Plaintiff William Jurkowitz. (Attachments: # 1 Declaration of Patrice L. Bishop, # 2 Proposed Order)(Bishop, Patrice) (Entered: 10/21/2009)

10/23/2009

26 

ORDER by Judge R. Gary Klausner, DENYING Stipulation to Extend Time to Answer (More than 30 days), 25 . (sce) (Entered: 10/26/2009)

10/30/2009

27 

NOTICE OF MOTION AND MOTION to Dismiss Case by Sandler O'Neill & Partners filed by Defendant Sandler O'Neill & Partners L.P.. Motion set for hearing on 11/30/2009 at 09:00 AM before Judge R. Gary Klausner. (Belgum, Karl) (Entered: 10/30/2009)

10/30/2009

28 

DECLARATION of Aaron James Deer re MOTION to Dismiss Case by Sandler O'Neill & Partners 27 filed by Defendant Sandler O'Neill & Partners L.P.. (Belgum, Karl) (Entered: 10/30/2009)

10/30/2009

29 

NOTICE OF LODGING filed re MOTION to Dismiss Case by Sandler O'Neill & Partners 27 (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Dismiss of Defendant Sandler O'Neill & Partners L.P.)(Belgum, Karl) (Entered: 10/30/2009)

10/30/2009

30 

NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. Motion set for hearing on 11/30/2009 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Tyukody, Jr, Daniel) (Entered: 10/30/2009)

10/30/2009

31 

MEMORANDUM in Support of MOTION to Dismiss Plaintiffs' Complaint 30 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Tyukody, Jr, Daniel) (Entered: 10/30/2009)

10/30/2009

32 

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Plaintiffs' Complaint 30 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Attachments: # 1 Exhibits A - V)(Tyukody, Jr, Daniel) (Entered: 10/30/2009)

10/30/2009

33 

APPENDIX filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. Re: MOTION to Dismiss Plaintiffs' Complaint 30 (Attachments: # 1 Tabs 1 - 18)(Tyukody, Jr, Daniel) (Entered: 10/30/2009)

10/30/2009

34 

DECLARATION of Jason L. Krajcer In Support Of MOTION to Dismiss Plaintiffs' Complaint 30 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Attachments: # 1 Exhibits A - C)(Krajcer, Jason) (Entered: 10/30/2009)

11/02/2009

35 

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is RE: Declaration (non-motion) 28 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (yl) (Entered: 11/02/2009)

11/03/2009

36 

MINUTES (IN CHAMBERS)NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner: On the Court's own motion, defendants Sandler O'Neill & Partners L.P.s motion to dismiss case (DE 27), and Pacific Capital Bancorp, George Leis and David Porters motion to dismiss complaint (DE 30), noticed for hearing on November 30, 2009 at 9:00 a.m., are HEREBY CONTINUED to December 7, 2009 at 9:00 a.m. IT IS SO ORDERED. (yl) (Entered: 11/03/2009)

11/09/2009

37 

NOTICE OF MOTION AND MOTION for Appointment of Counsel NOTICE OF PAGANO FAMILYS MOTION AND MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS, FOR APPROVAL OF THEIR CHOICE OF LEAD COUNSEL PURSUANT TO SECTION 21D OF THE SECURITIES EXCHANGE ACT OF 1934, AND FOR CONSOLIDATION OF RELATED ACTIONS filed by Movants Peter Pagano, Marjorie Pagano, Peter Alex Pagano. Motion set for hearing on 12/7/2009 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Bishop, Patrice) (Entered: 11/09/2009)

11/09/2009

38 

MEMORANDUM in Support of MOTION for Appointment of Counsel NOTICE OF PAGANO FAMILYS MOTION AND MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS, FOR APPROVAL OF THEIR CHOICE OF LEAD COUNSEL PURSUANT TO SECTION 21D OF THE SECURITIES EXCHANGE ACT OF 1934, AND FOR CONSOLIDATION OF R 37 filed by Movants Peter Pagano, Marjorie Pagano, Peter Alex Pagano. (Bishop, Patrice) (Entered: 11/09/2009)

11/09/2009

39 

DECLARATION of Patrice L. Bishop in Support of MOTION for Appointment of Counsel NOTICE OF PAGANO FAMILYS MOTION AND MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS, FOR APPROVAL OF THEIR CHOICE OF LEAD COUNSEL PURSUANT TO SECTION 21D OF THE SECURITIES EXCHANGE ACT OF 1934, AND FOR CONSOLIDATION OF R 37 filed by Movants Peter Pagano, Marjorie Pagano, Peter Alex Pagano. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bishop, Patrice) (Entered: 11/09/2009)

11/09/2009

40 

NOTICE OF MOTION AND MOTION for Appointment of Counsel ,Appointment of Lead Plaintiff and Consolidation of Related Cases filed by Plaintiff Johnny Rios. Motion set for hearing on 12/21/2009 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Goldberg, Michael) (Entered: 11/09/2009)

11/09/2009

41 

MEMORANDUM in Support of MOTION for Appointment of Counsel ,Appointment of Lead Plaintiff and Consolidation of Related Cases 40 filed by Movant Johnny Rios. (Goldberg, Michael) (Entered: 11/09/2009)

11/09/2009

42 

DECLARATION of Michael Goldberg in support of MOTION for Appointment of Counsel ,Appointment of Lead Plaintiff and Consolidation of Related Cases 40 filed by Movant Johnny Rios. (Attachments: # 1 Exhibit A - 09/08/09 Press Release, # 2 Exhibit B - Johnny Rios Certification, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - GBG Firm Resume)(Goldberg, Michael) (Entered: 11/09/2009)

11/11/2009

43 

NOTICE OF ERRATA filed by Movants Peter Pagano, Marjorie Pagano, Peter Alex Pagano. correcting Memorandum in Support of Motion, 38 , Declaration (Motion related), Declaration (Motion related) 39 NOTICE OF ERRATA AS TO EXHIBIT C TO THE DECLARATION OF PATRICE L. BISHOP IN SUPPORT OF PAGANO FAMILYS MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS, FOR APPROVAL OF THEIR CHOICE OF LEAD COUNSEL PURSUANT TO SECTION 21D OF THE SECURITIES EXCHANGE ACT OF 1934, AND FOR CONSOLIDATION OF RELATED ACTIONS (Attachments: # 1 Exhibit Corrected Exhibit C)(Bishop, Patrice) (Entered: 11/11/2009)

11/18/2009

44 

RESPONSE filed by Plaintiff William Jurkowitzto Request for Judicial Notice, Request for Relief 32 (Bishop, Patrice) (Entered: 11/18/2009)

11/18/2009

45 

MEMORANDUM in Opposition to MOTION to Dismiss Case by Sandler O'Neill & Partners 27 filed by Plaintiff William Jurkowitz. (Bishop, Patrice) (Entered: 11/18/2009)

11/18/2009

46 

MEMORANDUM in Opposition to MOTION to Dismiss Plaintiffs' Complaint 30 filed by Plaintiff William Jurkowitz. (Bishop, Patrice) (Entered: 11/18/2009)

11/24/2009

47 

STATEMENT of Non-Opposition to MOTION for Appointment of Counsel NOTICE OF PAGANO FAMILYS MOTION AND MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS, FOR APPROVAL OF THEIR CHOICE OF LEAD COUNSEL PURSUANT TO SECTION 21D OF THE SECURITIES EXCHANGE ACT OF 1934, AND FOR CONSOLIDATION OF R 37 filed by Defendant Sandler O'Neill & Partners L.P.. (Belgum, Karl) (Entered: 11/24/2009)

11/25/2009

48 

REPLY In Support of MOTION to Dismiss Case by Sandler O'Neill & Partners 27 filed by Defendant Sandler O'Neill & Partners L.P.. (Belgum, Karl) (Entered: 11/25/2009)

11/25/2009

49 

REPLY In Support Of MOTION to Dismiss Plaintiffs' Complaint 30 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Tyukody, Jr, Daniel) (Entered: 11/25/2009)

11/25/2009

50 

REPLY filed by Defendants Pacific Capital Bancorp, George Leis, David Porter to Request for Judicial Notice, Request for Relief 32 (Tyukody, Jr, Daniel) (Entered: 11/25/2009)

11/25/2009

51 

APPENDIX filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. Re: MOTION to Dismiss Plaintiffs' Complaint 30 SUPPLEMENTAL (Tyukody, Jr, Daniel) (Entered: 11/25/2009)

11/30/2009

52 

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is: Motions & Related documents - Reply re #50; Incorrect event selected re doc #51. Correct event is Motions and related documents - Motion Related Document and link to motion to dismiss RE: Reply (non-motion) 50 , Appendix 51 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (shb) (Entered: 12/01/2009)

12/01/2009

53 

Joint STIPULATION to Withdraw Motion MOTION for Appointment of Counsel NOTICE OF PAGANO FAMILYS MOTION AND MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS, FOR APPROVAL OF THEIR CHOICE OF LEAD COUNSEL PURSUANT TO SECTION 21D OF THE SECURITIES EXCHANGE ACT OF 1934, AND FOR CONSOLIDATION OF R 37 , MOTION for Appointment of Counsel ,Appointment of Lead Plaintiff and Consolidation of Related Cases 40 and TO: (i) APPOINT THE PAGANO FAMILY AND JOHNNY RIOS AS LEAD PLAINTIFFS; (ii) APPOINT STULL, STULL & BRODY AND GLANCY BINKOW & GOLDBERG LLP AS LEAD PLAINTIFFS COUNSEL; and (iii) CONSOLIDATE ALL RELATED ACTIONS filed by Movants Peter Pagano, Marjorie Pagano, Peter Alex Pagano. (Attachments: # 1 Proposed Order)(Burke, Timothy) (Entered: 12/01/2009)

12/02/2009

54 

MINUTES (IN CHAMBERS): ORDER by Judge R. Gary Klausner: taking under advisement 27 Motion to Dismiss Case ; taking under advisement 30 Motion to Dismiss ; taking under advisement 37 Motion for Appointment of Counsel. (sce) (Entered: 12/02/2009)

12/04/2009

55 

ORDER by Judge R. Gary Klausner: Granting Joint Stipulation 53 to: (i) Appoint the Pagano Family and Johnny Rios as lead Plaintiffs; (ii) Appoint Stull, Stull & Brody and Glancy Binkow & Goldberg LLP as lead Plaintiffs' counsel; and (iii) consolidate all related actions. The Pagano Family Motion to consolidate actions, appoint themselves as Lead Plaintiffs, and appoint Stull, Stull & Brody, Jurkowitz' counsel, as Lead Plaintiffs' Counsel 37 , and Motion of Johnny Rios to consolidate theJurkowitz and Shotke actions, appoint himself as Lead Plaintiff, and appoint Glancy Binkow & Goldberg LLP as Lead Plaintiff's Counsel 40 are withdrawn. Cases CV09-06501 RGK (PLAx) Jurkowitz v. Pacific Capital Bancorp, et al. and CV09-7400 RGK (PLAx) Shotke v. Pacific Capital Bancorp, et al. are consolidated for all purposes. (See document for further details). (mg) (Entered: 12/07/2009)

12/18/2009

56 

NOTICE OF MOTION AND MOTION to Dismiss Shotke Complaint filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. Motion set for hearing on 2/1/2010 at 09:00 AM before Judge R. Gary Klausner. (Attachments: # 1 Proposed Order)(Tyukody, Jr, Daniel) (Entered: 12/18/2009)

12/18/2009

57 

MEMORANDUM in Support of MOTION to Dismiss Shotke Complaint 56 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Tyukody, Jr, Daniel) (Entered: 12/18/2009)

12/18/2009

58 

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Shotke Complaint 56 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Attachments: # 1 Exhibits A - V)(Tyukody, Jr, Daniel) (Entered: 12/18/2009)

12/18/2009

59 

APPENDIX OF NON-PUBLISHED CASES AND OTHER AUTHORITIES re MOTION to Dismiss Shotke Complaint 56 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Attachments: # 1 Tabs 1 - 18)(Tyukody, Jr, Daniel) (Entered: 12/18/2009)

12/18/2009

60 

DECLARATION of Jason L. Krajcer In Support Of MOTION to Dismiss Shotke Complaint 56 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Attachments: # 1 Exhibits A - C)(Krajcer, Jason) (Entered: 12/18/2009)

12/18/2009

61 

NOTICE OF MOTION AND MOTION to Dismiss Defendant Sandler O'Neill & Partners L.P. filed by Defendant Sandler O'Neill & Partners L.P.. Motion set for hearing on 2/1/2010 at 09:00 AM before Judge R. Gary Klausner. (Belgum, Karl) (Entered: 12/18/2009)

12/18/2009

62 

DECLARATION of Aaron James Deer MOTION to Dismiss Defendant Sandler O'Neill & Partners L.P. 61 filed by Defendant Sandler O'Neill & Partners L.P.. (Belgum, Karl) (Entered: 12/18/2009)

12/18/2009

63 

NOTICE OF LODGING filed [Proposed] Order re MOTION to Dismiss Defendant Sandler O'Neill & Partners L.P. 61 (Belgum, Karl) (Entered: 12/18/2009)

12/30/2009

64 

Amended STIPULATION to Withdraw Motion MOTION for Appointment of Counsel NOTICE OF PAGANO FAMILYS MOTION AND MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS, FOR APPROVAL OF THEIR CHOICE OF LEAD COUNSEL PURSUANT TO SECTION 21D OF THE SECURITIES EXCHANGE ACT OF 1934, AND FOR CONSOLIDATION OF R 37 , MOTION for Appointment of Counsel ,Appointment of Lead Plaintiff and Consolidation of Related Cases 40 filed by MOVANT Johnny Rios. (Attachments: # 1 Proposed Order)(Goldberg, Michael) (Entered: 12/30/2009)

01/06/2010

65 

ORDER by Judge R. Gary Klausner, re Stipulation Motion to appoint The Pagano Family and Johnny Rios as Lead Plaintiffs and appoint Stull, Stull & Brody and Gancy Binkow & Goldberg LLP as Lead Plaintiffs' Counsel 64 (shb) (Entered: 01/08/2010)

01/15/2010

66 

MEMORANDUM in Opposition to MOTION to Dismiss Shotke Complaint 56 . (Bishop, Patrice) (Entered: 01/15/2010)

01/15/2010

67 

MEMORANDUM in Opposition to MOTION to Dismiss Defendant Sandler O'Neill & Partners L.P. 61 filed by Plaintiff Thomas Shotke. (Bishop, Patrice) (Entered: 01/15/2010)

01/19/2010

68 

REPLY In Support Of MOTION to Dismiss Shotke Complaint 56 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Tyukody, Jr, Daniel) (Entered: 01/19/2010)

01/19/2010

69 

SUPPLEMENTAL APPENDIX OF NON-PUBLISHED CASES re MOTION to Dismiss Shotke Complaint 56 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Attachments: # 1 Tabs 1 - 2)(Tyukody, Jr, Daniel) (Entered: 01/19/2010)

01/19/2010

70 

NOTICE OF NON-OPPOSITION TO DEFENDANTS' REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Shotke Complaint 56 filed by Defendants Pacific Capital Bancorp, George Leis, David Porter. (Tyukody, Jr, Daniel) (Entered: 01/19/2010)

01/21/2010

71 

REPLY IN SUPPORT OF MOTION to Dismiss Defendant Sandler O'Neill & Partners L.P. 61 filed by Defendant Sandler O'Neill & Partners L.P.. (Belgum, Karl) (Entered: 01/21/2010)

01/27/2010

72 

(IN CHAMBERS) ORDER by Judge R. Gary Klausner: taking under submission 56 Motion to Dismiss ; taking under submission 61 Motion to Dismiss. The Court hereby advises counsel that the above-referenced motions, noticed for hearing on February 1, 2010, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. (shb) (Entered: 01/27/2010)

01/28/2010

73 

ORDER IN RE CAPITAL BANCORP SECURITIES LITIGATION by Judge R. Gary Klausner: Order Re Defendants consolidated Motions to Dismiss (DE 27 and 30); Plaintiffs Motion for Appointment as Lead Counsel (DE 37). the Court GRANTS Defendants consolidated Motions to Dismiss. Plaintiffs Motion for Appointment as Lead Counsel is DENIED as moot. (shb) Modified on 2/22/2010 (yl). (Entered: 01/29/2010)

02/22/2010

74 

MINUTES (IN CHAMBERS) Order re: Amending the Courts January 28, 2010 by Judge R. Gary Klausner: The Court hereby AMENDS its January 28, 2010 Order. The title of the Order will now state: "IN RE PACIFIC CAPITAL BANCORP SECURITIES LITIGATION." The remainder of the Order remains the same. IT IS SO ORDERED. 73 . (yl) (Entered: 02/22/2010)

02/22/2010

75 

MINUTES (IN CHAMBERS) by Judge R. Gary Klausner: Proceedings: Order Re Defendants' Consolidated Motions to Dismiss the Shotke Complaint 56 , 61 . The Court GRANTS Defendants' Motions to Dismiss the Shotke Complaint. Moreover, since the Complaints in this consolidated actions have been dismissed, there are no other claims outstanding against Defendant. Accordingly, the Court also DISMISSES, sua sponte, the action with respect to the remaining named Plaintiffs, Peter Pagano, Marjorie Pagano, Peter Alex Pagano, and Johnny Rios. (MD JS-6. Case Terminated) (mg) (Entered: 02/23/2010)

03/26/2010

76 

NOTICE OF LODGING filed Proposed Final Judgment re Order on Motion to Dismiss Case,,, 73 , Order on Motion to Dismiss, Order on Motion to Dismiss Party,,,, 75 (Attachments: # 1 Proposed Final Judgment)(Tyukody, Jr, Daniel) (Entered: 03/26/2010)

04/07/2010

77 

FINAL JUDGMENT by Judge R. Gary Klausner: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. Plaintiff William Jurkowitzs purported class action complaint against Defendants Pacific Capital Bancorp, George Leis, David Porter, Sandler ONeill & Partners L.P., and Sandler ONeill Asset Management LLC (Sandler ONeill Asset Management LLC having previously been voluntarily dismissed) is hereby dismissed with prejudice in its entirety; 2. Plaintiff Thomas Shotkes purported class action complaint against Defendants Pacific Capital Bancorp, George Leis, David Porter, and Sandler ONeill & Partners L.P. is hereby dismissed with prejudice in its entirety; 3. This consolidated action is dismissed with prejudice in its entirety with respect to all Plaintiffs, including the remaining named Plaintiffs Peter Pagano, Marjorie Pagano, Peter Alex Pagano, and Johnny Rios; 4. Plaintiffs shall take nothing by way of this action; 5. Final judgment is entered in favor of Defendants; and6. Defendants are the prevailing parties and shall recover their costs tothe extent allowable by law. (shb) (Entered: 04/08/2010)

 

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