US District Court Civil Docket as of
09/21/2010
Retrieved from the court on October
1, 2010
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Lead
Plaintiff |
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Pasquale
A. La Pietra |
represented by |
Frank
Rocco Schirripa |
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Lead
Plaintiff |
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Pasquale
A. La Pietra |
represented by |
Frank
Rocco Schirripa |
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Defendant
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RREEF
America, L.L.C.
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represented by |
Andrew
W. Stern |
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Defendant
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Deutsche
Asset Management, Inc.
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represented by |
Andrew
W. Stern |
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Defendant
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DWS
RREEF Real Estate Fund, Inc.
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represented by |
Andrew
W. Stern |
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Defendant
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DWS
RREEF Real Estate Fund II, Inc.
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represented by |
Andrew
W. Stern |
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Defendant
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Michael
G. Clark |
represented by |
Andrew
W. Stern |
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Defendant
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Paul
H. Schubert |
represented by |
Andrew
W. Stern |
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Defendant
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Deutsche
Investment Management Americas, Inc.
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represented by |
Andrew
W. Stern |
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Date
Filed |
# |
Docket
Text |
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08/24/2009 |
COMPLAINT
against Deutsche Asset Management, Inc., DWS RREEF Real Estate Fund, Inc.,
DWS RREEF Real Estate Fund II, Inc., Michael G. Clark, Paul H. Schubert,
RREEF America, L.L.C. (Filing Fee $ 350.00, Receipt Number 698317)Document
filed by Pasquale A. La Pietra(individually),
Pasquale A. La Pietra(on behalf of all others
similarly situated).(mro) (mro).
(Entered: 08/25/2009) |
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08/24/2009 |
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SUMMONS
ISSUED as to Deutsche Asset Management, Inc., DWS RREEF Real Estate Fund,
Inc., DWS RREEF Real Estate Fund II, Inc., Michael G. Clark, Paul H.
Schubert, RREEF America, L.L.C. (mro) (Entered:
08/25/2009) |
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08/24/2009 |
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Magistrate
Judge Debra Freeman is so designated. (mro)
(Entered: 08/25/2009) |
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08/24/2009 |
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Case
Designated ECF. (mro) (Entered: 08/25/2009) |
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09/11/2009 |
AFFIDAVIT
OF SERVICE of Summons and Complaint,. Deutsche Asset
Management, Inc. served on 9/4/2009, answer due 9/24/2009. Service was
accepted by Kris Wong. Document filed by Pasquale A. La Pietra(on behalf of all
others similarly situated). (Schirripa, Frank)
(Entered: 09/11/2009) |
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09/11/2009 |
AFFIDAVIT
OF SERVICE of Summons and Complaint,. RREEF America,
L.L.C. served on 9/2/2009, answer due 9/22/2009. Service was accepted by Kris
Kwong. Document filed by Pasquale A. La Pietra(individually).
(Schirripa, Frank) (Entered: 09/11/2009) |
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09/17/2009 |
NOTICE
OF APPEARANCE by Alex Jason Kaplan on behalf of Deutsche Asset Management,
Inc., DWS RREEF Real Estate Fund, Inc., DWS RREEF Real Estate Fund II, Inc.,
Michael G. Clark, Paul H. Schubert, RREEF America, L.L.C. (Kaplan, Alex)
(Entered: 09/17/2009) |
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09/18/2009 |
NOTICE
OF APPEARANCE by Andrew W. Stern on behalf of Deutsche Asset Management,
Inc., DWS RREEF Real Estate Fund, Inc., DWS RREEF Real Estate Fund II, Inc.,
Michael G. Clark, Paul H. Schubert, RREEF America, L.L.C. (Stern, Andrew)
(Entered: 09/18/2009) |
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09/22/2009 |
STIPULATION
AND ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT The parties to this action,
by and through their counsel, hereby agree as follows: Plaintiff shall have
sixty (60) days from the date that the Court enters an order appointing lead
plaintiff and lead counsel under the Private Securities Litigation Reform Act
within which to file a consolidated complaint or notify Defendants that it
does not intend to tile a consolidated complaint. Defendants shall have sixty
(60) days from the date Plaintiff serves its consolidated complaint, or
notice that it does not intend to file a consolidated complaint. To move,
answer, or otherwise respond with respect to the operative complaint.
Defendants have no obligation at this time to move, answer, or otherwise
respond to the original Complaint For Violation Of The Federal Securities
Laws. If the Defendants move to dismiss the complaint or any consolidated
complaint, plaintiff shall have sixty (60) days from the receipt of
Defendants' motion to file an opposition thereto. Following the receipt of
Plaintiff's opposition, Defendants shall have forty-five (45) days to file a
reply brief in support of their motion to dismiss. The parties to this
stipulation respectfully request that the Court approve the time table set
forth above. The parties represent that no previous extensions of time have
been requested or granted. ENDORSEMENT: Before serving and filing any motion
to dismiss the defendants are required to seek a pre-motion conference and
bring this order to the attention of the Court. SO ORDERED. (Signed by Judge
John G. Koeltl on 9/21/2009) (jmi)
Modified on 9/23/2009 (jmi). (Entered: 09/23/2009) |
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10/23/2009 |
MOTION
to Appoint Pasquale A. La Pietra and Barry King to
serve as lead plaintiff(s)., MOTION to Appoint Counsel Horwitz
Horwitz & Paradis and
Coughlin Stoia Geller Rudman & Robbins as
Co-Lead Counsel. Document filed by Pasquale A. La Pietra(individually).
(Attachments: # 1
Text of Proposed Order Proposed Order)(Schirripa,
Frank) (Entered: 10/23/2009) |
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10/23/2009 |
MEMORANDUM
OF LAW in Support re: 7
MOTION to Appoint Pasquale A. La Pietra and Barry
King to serve as lead plaintiff(s). MOTION to Appoint Counsel Horwitz Horwitz &
Paradis and Coughlin Stoia
Geller Rudman & Robbins as Co-Lead Counsel. MOTION to Appoint
Pasquale A. La Pietra and Barry King to serve as
lead plaintiff(s).. Document filed by Pasquale A. La
Pietra(individually).
(Schirripa, Frank) (Entered: 10/23/2009) |
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10/23/2009 |
DECLARATION
of Frank R. Schirripa in Support re: 7 MOTION to Appoint
Pasquale A. La Pietra and Barry King to serve as
lead plaintiff(s). MOTION to Appoint Counsel Horwitz
Horwitz & Paradis and
Coughlin Stoia Geller Rudman & Robbins as
Co-Lead Counsel. MOTION to Appoint Pasquale A. La Pietra
and Barry King to serve as lead plaintiff(s)..
Document filed by Pasquale A. La Pietra(individually). (Attachments: # 1 Exhibit Exs A-C, # 2 Exhibit Ex. D, # 3 Exhibit Ex. E)(Schirripa, Frank) (Entered: 10/23/2009) |
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11/18/2009 |
NOTICE
OF APPEARANCE by David Avi Rosenfeld on behalf of
Pasquale A. La Pietra(individually) (Rosenfeld,
David) (Entered: 11/18/2009) |
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11/18/2009 |
NOTICE
OF APPEARANCE by Isaac S. Greaney on behalf of
Deutsche Asset Management, Inc., DWS RREEF Real Estate Fund, Inc., DWS RREEF
Real Estate Fund II, Inc., Michael G. Clark, Paul H. Schubert, RREEF America,
L.L.C. (Greaney, Isaac) (Entered: 11/18/2009) |
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11/18/2009 |
NOTICE
OF APPEARANCE by Alfred Robert Pietrzak on behalf
of Deutsche Asset Management, Inc., DWS RREEF Real Estate Fund, Inc., DWS
RREEF Real Estate Fund II, Inc., Michael G. Clark, Paul H. Schubert, RREEF
America, L.L.C. (Pietrzak, Alfred) (Entered:
11/18/2009) |
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11/25/2009 |
MOTION
for Douglas R. Britton to Appear Pro Hac Vice.
Document filed by Pasquale A. La Pietra(individually),
Pasquale A. La Pietra(on behalf of all others
similarly situated).(dle) (Entered: 12/01/2009) |
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12/01/2009 |
NOTICE
OF APPEARANCE by Evan Jay Kaufman on behalf of Pasquale A. La Pietra(individually) (Kaufman, Evan) (Entered:
12/01/2009) |
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12/03/2009 |
ORDER
APPOINTING LEAD PLAINTIFFS AND APPROVING OF SELECTION OF CO-LEAD COUNSEL:
granting 7
Motion to Appoint Pasquale A. La Pietra and Barry
King as Lead Plaintiff(s); granting 7 Motion to Appoint
Counsel. Pasquale A. La Pietra and Barry King are
hereby appointed Lead Plaintiffs for the Class pursuant to Section 21D ofthe Securities Exchange Act of 1934; and The law firms
of Horwitz, Horwitz &
Paradis and Coughlin Stoia
Geller Rudman & Robbins LLP are hereby appointed Co-Lead Counsel. IT IS
SO ORDERED. ENDORSEMENT: The Clerk is directed to close Docket No. 7. (Signed
by Judge John G. Koeltl on 12/2/2009) (tve) (Entered: 12/03/2009) |
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12/03/2009 |
ORDER
REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk
of Court for assignment to a Magistrate Judge for Settlement. Referred to
Magistrate Judge Debra C. Freeman. (Signed by Judge John G. Koeltl on 12/3/09) (tro)
(Entered: 12/04/2009) |
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12/04/2009 |
ORDER
GRANTING MOTION FOR ADMISSION PRO HAC VICE 14 Motion for Douglas R. Britton to Appear Pro Hac Vice. The motion is GRANTED in all respects, subject
to payment of the requisite fees. (Signed by Judge John G. Koeltl on 11/30/09) (tro)
(Entered: 12/05/2009) |
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12/04/2009 |
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Transmission
to Attorney Admissions Clerk. Transmitted re: 17 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions
Clerk for updating of Attorney Information. (tro)
(Entered: 12/05/2009) |
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12/07/2009 |
ORDER
GRANTING MOTION FOR ADMISSION PRO HAC VICE: Attorney Douglas R. Britton for
Pasquale A. La Pietra admitted Pro Hac Vice. (Signed by Judge John G. Koeltl
on 12/4/2009) (tve) (Entered: 12/07/2009) |
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12/07/2009 |
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Transmission
to Attorney Admissions Clerk. Transmitted re: 18 Order Admitting
Attorney Pro Hac Vice, to the Attorney Admissions
Clerk for updating of Attorney Information. (tve)
(Entered: 12/07/2009) |
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12/08/2009 |
STIPULATION
AND SCHEDULING ORDER: Amended Pleadings due by 12/23/2009. Motions due by
3/31/2010. Replies due by 5/17/2010, Responses due by 4/30/2010. (Signed by
Judge John G. Koeltl on 12/8/2009) (jpo) (Entered: 12/08/2009) |
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12/16/2009 |
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CASHIERS
OFFICE REMARK on 14
Motion to Appear Pro Hac Vice in the amount of
$25.00, paid on 11/25/2009, Receipt Number 707185. (jd)
(Entered: 12/16/2009) |
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12/23/2009 |
AMENDED
COMPLAINT amending 1
Complaint, against Deutsche Investment Management Americas, Inc., Michael G.
Clark, Paul H. Schubert, RREEF America, L.L.C.Document
filed by Pasquale A. La Pietra(individually),
Pasquale A. La Pietra(on behalf of all others
similarly situated). Related document: 1 Complaint, filed
by Pasquale A. La Pietra.(laq)
(Entered: 12/29/2009) |
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01/29/2010 |
ENDORSED
LETTER addressed to Judge John G. Koeltl from
Andrew W. Stern dated 1/29/10 re: counsel for defendants respectfully request
leave to submit a memorandum of law of up to 35 pages. ENDORSEMENT:
Application granted, provided the Memo faithfully complies with the 35 page
limit without artificially reduced margins, excessive footnotes, minutes font
and type size, etc. So Ordered. (Signed by Judge John G. Koeltl
on 1/29/10) (pl) (Entered: 01/29/2010) |
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02/08/2010 |
RULE
7.1 CORPORATE DISCLOSURE STATEMENT. Identifying
Deutsche Bank AG as Corporate Parent. Document filed by Deutsche Investment
Management Americas, Inc., Michael G. Clark, Paul H. Schubert, RREEF America,
L.L.C..(Kaplan, Alex) (Entered: 02/08/2010) |
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02/08/2010 |
MOTION
to Dismiss With Prejudice pursuant to Federal Rules of Civil Procedure
9(b) and 12(b)(6). Document filed by Deutsche
Investment Management Americas, Inc., Michael G. Clark, Paul H. Schubert,
RREEF America, L.L.C..(Stern, Andrew) (Entered:
02/08/2010) |
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02/08/2010 |
MEMORANDUM
OF LAW in Support re: 23
MOTION to Dismiss With Prejudice pursuant to Federal Rules of Civil
Procedure 9(b) and 12(b)(6).. Document filed by
Deutsche Investment Management Americas, Inc., Michael G. Clark, Paul H.
Schubert, RREEF America, L.L.C.. (Stern, Andrew) (Entered:
02/08/2010) |
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02/08/2010 |
DECLARATION
of Andrew W. Stern in Support re: 23 MOTION to
Dismiss With Prejudice pursuant to Federal Rules of Civil Procedure 9(b)
and 12(b)(6).. Document filed by Deutsche
Investment Management Americas, Inc., Michael G. Clark, Paul H. Schubert,
RREEF America, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit
EE)(Stern, Andrew) (Entered: 02/08/2010) |
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02/08/2010 |
CERTIFICATE
OF SERVICE of Notice of Motion to Dismissthe
Amended Complaint, Defendants' Memorandum of Law in
Support of the Motion to Dismiss the Amended Complaint, and Declaration of
Andrew W. Stern in Support of Defendants' Motion to Dismiss the Amended
Complaint with Exhibits. served on All counsel of
record, Horowitz, Horowitz&Paradis, Attorneys
of Law, Coughlin Stoia Geller Rudman & Robbins,
LLP, on February 8, 2010. Service was made by Fed Ex. Document filed by
Deutsche Investment Management Americas, Inc., Michael G. Clark, Paul H.
Schubert, RREEF America, L.L.C.. (Stern, Andrew)
(Entered: 02/08/2010) |
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02/19/2010 |
MOTION
for Francis A. DiGiacco to Appear Pro Hac Vice. Document filed by Pasquale A. La Pietra(individually), Pasquale A. La Pietra(on
behalf of all others similarly situated).(mro)
(Entered: 02/22/2010) |
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02/24/2010 |
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CASHIERS
OFFICE REMARK on 27
Motion to Appear Pro Hac Vice in the amount of
$25.00, paid on 02/19/2010, Receipt Number 894541. (jd)
(Entered: 02/24/2010) |
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03/01/2010 |
ORDER
GRANTING MOTION FOR ADMISSION PRO HAC VICE granting 27 Motion for
Francis A. DiGiacco to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl
on 2/25/2010) (jpo) (Entered: 03/01/2010) |
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03/11/2010 |
MEMORANDUM
OF LAW in Opposition re: 23 MOTION to
Dismiss With Prejudice pursuant to Federal Rules of Civil Procedure 9(b)
and 12(b)(6).. Document filed by Pasquale A. La Pietra(individually).
(Attachments: # 1
Supplement Letter to Clerk of the Court re ECF service interruption)(Schirripa, Frank) (Entered: 03/11/2010) |
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03/25/2010 |
REPLY
MEMORANDUM OF LAW in Support re: 23 MOTION to
Dismiss With Prejudice pursuant to Federal Rules of Civil Procedure 9(b)
and 12(b)(6). in
Further Support of their Motion to Dismiss the Amended Complaint.
Document filed by Deutsche Investment Management Americas, Inc., Michael G.
Clark, Paul H. Schubert, RREEF America, L.L.C..
(Kaplan, Alex) (Entered: 03/25/2010) |
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03/25/2010 |
DECLARATION
of Andrew W. Stern in Support re: 23 MOTION to
Dismiss With Prejudice pursuant to Federal Rules of Civil Procedure 9(b)
and 12(b)(6).. Document filed by Deutsche
Investment Management Americas, Inc., Michael G. Clark, Paul H. Schubert,
RREEF America, L.L.C.. (Attachments: # 1 Exhibit GG, # 2 Exhibit HH, # 3 Exhibit II, # 4 Exhibit JJ, # 5 Exhibit FF, # 6 Exhibit KK, # 7 Exhibit LL, # 8 Exhibit
MM)(Kaplan, Alex) (Entered: 03/25/2010) |
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03/25/2010 |
CERTIFICATE
OF SERVICE of Reply Memorandum of Law in Further Support, and Reply
Declaration of Andrew W. Stern with Exhibits in Further Support served on
Horowitz, Horowitz & Paradis, Attorneys at Law on 03-25-2010. Service was made by
Federal Express. Document filed by Deutsche Investment Management Americas,
Inc., Michael G. Clark, Paul H. Schubert, RREEF America, L.L.C..
(Kaplan, Alex) (Entered: 03/25/2010) |
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03/26/2010 |
NOTICE
of Change of Firm Name. Document filed by Pasquale A. La Pietra(individually).
(Rosenfeld, David) (Entered: 03/26/2010) |
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04/08/2010 |
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Minute
Entry for proceedings held before Magistrate Judge Debra C. Freeman:
Settlement Conference held on 4/8/2010. Follow-up Settlement Status Conference
set for 7/22/2010 at 10:00 AM before Magistrate Judge Debra C. Freeman. (tro) (Entered: 04/26/2010) |
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06/08/2010 |
NOTICE
OF ORAL ARGUMENT: Oral Argument set for Wednesday, 6/16/2010 at 02:30 PM in
Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (tro) (Entered:
06/08/2010) |
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07/07/2010 |
35 |
TRANSCRIPT
of proceedings held on June 29, 2010 before Judge John G. Koeltl.
(mro) (Entered: 07/07/2010) |
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09/16/2010 |
OPINION
AND ORDER, #99430 that for the reasons explained above, the defendants'
motion to dismiss the amended complaint is granted. The Clerk is directed to
enter judgment dismissing this action and closing this case. (Signed by Judge
John G. Koeltl on 9/14/10) (pl) Modified on
9/20/2010 (ajc). (Entered: 09/16/2010) |
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09/16/2010 |
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Transmission
to Judgments and Orders Clerk. Transmitted re: 36 Memorandum &
Opinion,, to the Judgments and Orders Clerk. (pl)
(Entered: 09/16/2010) |
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09/21/2010 |
CLERK'S
JUDGMENT That for the reasons stated in the Court's Opinion and Order dated
September 14, 2010, defendants' motion to dismiss the amended complaint is
granted; accordingly, this action is dismissed and the case is closed. (Signed
by Clerk of Court Ruby Krajick on 9/21/10)
(Attachments: # 1
notice of right to appeal)(ml) (Entered: 09/21/2010) |
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