US
District Court Civil Docket as of 09/28/2011
Retrieved from the court on November 22, 2011
United States District
Court
Southern District of West Virginia (
CIVIL DOCKET FOR CASE #:
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Cause:
28:1331 Fed. Question: Securities Violation |
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Plaintiff
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represented by |
David
J. Goldsmith |
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Plaintiff
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Macomb
County Employees' Retirement System |
represented by |
Jack
Reise |
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Plaintiff
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David
Wagner
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represented by |
Joel
H. Bernstein |
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Consol
Plaintiff |
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Firefighters'
Retirement System of |
represented by |
Alan
I. Ellman |
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Defendant
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Massey
Energy Company
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represented by |
Jonathan
L. Anderson |
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Defendant
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Don
L. Blankenship
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represented by |
Tammy
R. Harvey |
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Defendant
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Baxter
F. Phillips, Jr.
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represented by |
Tammy
R. Harvey |
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Defendant
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Eric
B. Tolbert
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represented by |
Tammy
R. Harvey |
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Defendant
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Richard
J. Gabrys
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represented by |
Jonathan
L. Anderson |
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Defendant
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Lady
Barbara Thomas Judge |
represented by |
Jonathan
L. Anderson |
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Defendant
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Dan
R. Moore
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represented by |
Jonathan
L. Anderson |
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Defendant
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James
B. Crawford
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represented by |
Jonathan
L. Anderson |
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Defendant
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Robert
H. Foglesong
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represented by |
Jonathan
L. Anderson |
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Defendant
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represented by |
Jonathan
L. Anderson |
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Consol
Defendant |
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E.
Gordon Gee
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represented by |
Stuart
W. Gold |
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Consol
Defendant |
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J.
Christopher Adkins
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represented by |
Tammy
R. Harvey |
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Movant
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represented by |
Bradley
J. Pyles |
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Movant
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represented by |
Fred
B. Westfall , Jr. |
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Movant
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MEE
Investor Group
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represented by |
Charles
J. Piven |
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Interested
Party |
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Alpha
Appalachia Holdings, Inc. |
represented by |
Boaz
S. Morag |
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Date
Filed |
# |
Docket
Text |
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COMPLAINT
for Violation of the Federal Securities Laws. Filing Fee $350.00. Receipt #
0425-1254984. (Attachments: # 1 Certification of
Named Plaintiff Pursuant to Federal Securities Laws, # 2 Civil Cover
Sheet) (slr) |
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SUMMONS
ISSUED by the Clerk on behalf of Macomb County Employees' Retirement System
for Don L. Blankenship, James B. Crawford, Robert H. Foglesong (Columbus,
MS), Robert H. Fogleson (Williamson, WV), Richard J. Gabrys, Barbara Thomas
Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr., Stanley
C. Suboleski, and Eric B. Tolbert, re: 1 Complaint,
returnable 21 days. Original Summons and 2 copies mailed to to John F.
Dascoli, counsel for Plaintiffs, for service. (slr) |
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STANDING
ORDER IN RE: ASSIGNMENT |
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CASE
assigned to Judge Irene C. Berger. (ras) (Entered: |
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STATEMENT
OF VISITING ATTORNEY from Christopher M. Wood on behalf of Macomb County
Employees' Retirement System. Local counsel: John F. Dascoli. Fee $50.00.
Receipt # 0425-1262563. (Dascoli, John) (Modified on |
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STATEMENT
OF VISITING ATTORNEY from Dennis J. Herman on behalf of Macomb County
Employees' Retirement System. Local counsel: John F. Dascoli. Fee $50.00.
Receipt # 0425-1262573. (Dascoli, John) (Modified on |
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STATEMENT
OF VISITING ATTORNEY from Laurie Largent on behalf of Macomb County
Employees' Retirement System. Local counsel: John F. Dascoli. Fee $50.00.
Receipt # 0425-1262587. (Dascoli, John) (Modified on |
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STIPULATION
EXTENDING TIME for the defendants to answer the 1 Complaint to July
8, 2010 by Don L. Blankenship, James B. Crawford, Robert H. Foglesong,
Richard J. Gabrys, Barbara Thomas Judge, Macomb County Employees' Retirement
System, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley
C. Suboleski, Eric B. Tolbert (Anderson, Jonathan) (Modified for clarity of
text on 5/12/2010) (skh). |
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SET
DEADLINE: Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard
J. Gabrys, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter
F. Phillips, Jr., Stanley C. Suboleski and Eric B. Tolbert answer to
complaint due |
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ORDER:
Pursuant to the parties' 7 Stipulation,
Defendants shall file an Answer to Plaintiff's 1 Complaint no
later than |
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MOTION by
MEE Investor Group to Consolidate Related Actions, to be Appointed Lead
Plaintiff and to Approve Proposed Lead Plaintiff's Choice of Counsel
(Giatras, |
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MEMORANDUM
by MEE Investor Group in support of 9 MOTION by MEE
Investor Group to Consolidate Related Actions, to be Appointed Lead Plaintiff
and to Approve Proposed Lead Plaintiff's Choice of Counsel (Giatras, Troy)
(Modified text to conform to filed document and to correct party filer on
6/29/2010) (skh). |
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DECLARATION
of Troy N. Giatras, on behalf of MEE Investor Group, in support of 9 MOTION by MEE
Investor Group to Consolidate Related Actions, to be Appointed Lead Plaintiff
and to Approve Proposed Lead Plaintiff's Choice of Counsel (Giatras, Troy)
(Modified text to conform to filed document and to correct party filer on
6/29/2010) (skh). |
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PROPOSED
ORDER Consolidating Related Actions; Appointing Lead Plaintiff; and,
Approving Proposed Lead Plaintiff's Choice of Counsel by MEE Investor Group
(Giatras, Troy) (Modified on 6/29/2010 to correct party filer) (skh). |
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CERTIFICATE
OF SERVICE filed by MEE Investor Group for Motion to Consolidate Related
Action, to be Appointed Lead Plaintiff, and to Approve Proposed Lead
Plaintiff's Choice of Counsel; Memorandum in Support; Declaration of Troy N.
Giatras; and Proposed Order (Giatras, Troy) (Modified for clarity of text and
to correct party filer on 6/29/2010) (skh). |
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MOTION
by Commonwealth of Massachusetts Pension Reserves Investment Trust for
Consolidation of Related Actions, for Appointment as Lead Plaintiff, and for
Approval of Selection of Counsel (Attachment: # 1 Proposed
Order)(Elswick, Samuel) (Modified text to conform to filed document and to
correct party filer on 6/29/2010) (skh). |
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MEMORANDUM
by Commonwealth of Massachusetts Pension Reserves Investment Trust in support
of 14 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust for
Consolidattion of Related Actions, for Appointment as Lead Plaintiff, and for
Approval of Selection of Counsel (Elswick, Samuel) (Modified text to conform
to filed document and to correct party filer on 6/29/2010) (skh). |
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DECLARATION
by Alan I. Ellman, on behalf of Commonwealth of Massachusetts Pension
Reserves Investment Trust, in support of 14 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust for
Consolidation of Related Actions, for Appointment as Lead Plaintiff, and for
Approval of Selection of Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Elswick,
Samuel) (Modified text to conform to filed document and to correct party
filer on 6/29/2010) (skh). |
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MOTION
by David Wagner to Consolidate Related Actions, to Appoint David Wagner as
Lead Plaintiff and for Approval of Selection of Counsel (Attachments: # 1 Exhibit A - Proposed
Order, # 2
Exhibit B - Notice, # 3
Exhibit C - Certification, # 4 Exhibit D - Loss
Chart, # 5
Exhibit E - RGRD firm resume, # 6 Exhibit F -
Dascoli firm resume)(Dascoli, John) (Modified text to conform to filed
document and to correct party filer on 6/29/2010) (skh). |
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MEMORANDUM
by David Wagner in support of 17 MOTION by David
Wagner to Consolidate Related Actions, to Appoint David Wagner as Lead
Plaintiff and for Approval of Selection of Counsel (Dascoli, John) (Modified
text to conform to filed document and to correct party filer on 6/29/2010)
(skh). |
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MOTION
by |
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MEMORANDUM
by Wayne County Employees' Retirement System in support of 19 MOTION by Wayne
County Employees' Retirement System for Consolidation of Related Actions,
Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel
and Liaison Counsel. (skh) (Entered: |
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DECLARATION
by Richard A. Speirs, on behalf of Wayne County Employees' Retirement System,
in support of 19
MOTION by Wayne County Employees' Retirement System for Consolidation of
Related Actions, Appointment as Lead Plaintiff and Approval of its Selection
of Lead Counsel and Liaison Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (skh)
(Entered: |
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INCORRECT
ENTRY; |
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INCORRECT
ENTRY; |
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INCORRECT
ENTRY; |
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NOTICE
OF DOCKET CORRECTION re: 22 MOTION by Wayne
County Employees' Retirement System for Consolidation of Related Actions, Appointment
as Lead Plaintiff and Approval of its Selection of Lead Counsel and Liaison
Counsel, 23
MEMORANDUM in support and 24 DECLARATION by
Richard A. Speirs in support. ERROR: Images are duplicates of the images
attached to entries 19
, 20 and 21 . CORRECTION:
Removed images 22, 23 and 24. (skh) |
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STATEMENT
OF VISITING ATTORNEY from Ronald S. Rolfe on behalf of Robert H. Foglesong,
Dan R. Moore, Stanley C. Suboleski, James B. Crawford, Richard J. Gabrys,
Massey Energy Company, Barbara Thomas Judge. Local counsel: A.L. Emch. Fee
$50.00. Receipt # 0425-1309638. (Anderson, Jonathan) (Modified on |
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STATEMENT
OF VISITING ATTORNEY from Julie A. North on behalf of Massey Energy Company,
Robert H. Foglesong, Dan R. Moore, Stanley C. Suboleski, James B. Crawford,
Richard J. Gabrys, Barbara Thomas Judge. Local counsel: A.L. Emch. Fee
$50.00. Receipt # 0425-1309646. (Anderson, Jonathan) (Modified on |
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JOINT MOTION
by Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard J.
Gabrys, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F.
Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert to Vacate 8 Order and to
Extend Deadline to Respond to Complaint (Attachment: # 1 Proposed
Order)(Anderson, Jonathan) (Modified text to conform to filed document on
7/4/2010) (skh). |
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ORDER
granting 27 Defendants'
MOTION to Extend Deadline to Respond to Complaint; Directing that the
deadline by which Defendants must answer or move against the Complaint is
suspended pending the Court's consideration of the motions to consolidate
this matter with Firefighters Retirement System v. Massey Energy Company, et.
al., Civil Action Number 5:10-0776. Signed by Judge Irene C. Berger on |
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MOTION
by MEE Investor Group to Withdraw 9 MOTION by MEE
Investor Group to Consolidate Related Actions, to be Appointed Lead Plaintiff
and to Approve Proposed Lead Plaintiff's Choice of Counsel, 10 Memorandum In
Support, 11
Affidavit In Support, 12
Proposed Order (Giatras, Troy) (Modified for clarity of text on 7/15/2010)
(skh). |
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NOTICE of
Support for the Appointment of the Commonwealth of Massachusetts Pension
Reserves Investment Trust as Lead Plaintiff and for Approval of its Selection
of Counsel by Wayne County Employees' Retirement System re: 14 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust for
Consolidation of Related Actions, for Appointment as Lead Plaintiff and
Approval of Selection of Counsel (Pyles, Bradley) (Modified for clarity of
text on 7/15/2010) (skh). |
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MEMORANDUM
by Commonwealth of Massachusetts Pension Reserves Investment Trust in further
support of 14 MOTION
by Commonwealth of Massachusetts Pension Reserves Investment Trust for
Consolidation of Related Actions, for Appointment as Lead Plaintiff, and for
Approval of Selection of Counsel and in Opposition to 9 MOTION by MEE
Investor Group, 17
MOTION by David Wagner and 19 MOTION by Wayne
County Employees' Retirement System to Consolidate Related Actions, to be
Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of
Counsel. (Elswick, Samuel) (Modified for clarity of text and to add link to
#14 motion on |
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OPPOSITION
by David Wagner to 9
MOTION by MEE Investor Group, 14 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust and 19 MOTION by Wayne
County Employees' Retirement System to Consolidate Related Actions, to be
Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of
Counsel (Dascoli, John) (Modified for clarity of text and to remove excess
text on 7/16/2010) (skh). |
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DECLARATION
by John F. Dascoli in support of 31 OPPOSITION by
David Wagner to 9
MOTION by MEE Investor Group, 14 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust and 19 MOTION by Wayne
County Employees' Retirement System to Consolidate Related Actions, to be
Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of
Counsel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit
13)(Dascoli, John) (Modified text to conform to filed document, to add link
to #32 response and to remove links to #9, #14 and #19 motions on 7/16/2010)
(skh). |
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ORDER
denying without prejudice 19 Movant Wayne
County Employee's Retirement System's MOTION for Consolidation, Appointment
as Lead Plaintiff and Approval of its Selection of Lead Counsel and Liaison
Counsel. Signed by Judge Irene C. Berger on |
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ORDER
granting Movant's 29
MOTION for Withdrawal of 9 Motion of the MEE
Investor Group to Consolidate Related Actions; To be Appointed Lead
Plaintiff; and to Approve Proposed Lead Plaintiff's Choice of Counsel;
denying as moot 9
MOTION of the MEE Investor Group to Consolidate Related Actions; To Be
Appointed Lead Plaintiff; and to Approve Proposed Lead Plaintiff's Choice of
Counsel. Signed by Judge Irene C. Berger on |
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REPLY by
Commonwealth of Massachusetts Pension Reserves Investment Trust to 14 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust for
Consolidation of Related Actions, for Appointment as Lead Plaintiff, and for
Approval of Selection of Counsel. (Elswick, Samuel) (Modified on |
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REPLY
DECLARATION by Christopher J. Keller, on behalf of Commonwealth of
Massachusetts Pension Reserves Investment Trust in further support of 14 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust for
Consolidation of Related Actions, for Appointment as Lead Plaintiff, and for
Approval of Selection of Counsel (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)(Elswick, Samuel) (Modified title of entry to conform to filed document on
7/27/2010) (skh). |
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REPLY by
David Wagner to 17
MOTION by David Wagner to Consolidate Related Actions, to Appoint David
Wagner as Lead Plaintiff and for Approval of Selection of Counsel. (Dascoli,
John) (Modified for clarity of text on |
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STATEMENT
OF VISITING ATTORNEY from Stephen L. Brodsky on behalf of Wayne County Employees'
Retirement System. Local counsel: Bradley J. Pyles. Fee $50.00. Receipt #
0425-1332072. (Pyles, Bradley) |
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STATEMENT
OF VISITING ATTORNEY from Robert Schachter on behalf of Wayne County
Employees' Retirement System. Local counsel: Bradley J. Pyles. Fee $50.00.
Receipt # 0425-1332092. (Pyles, Bradley) |
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MOTION
by David Wagner to Strike Improper New Arguments in 36 Reply to
Response or, in the Alternative, for Leave to File Surreply (Attachments: # 1 Exhibit 1 -
Proposed Order Striking Improper New Arguments, # 2 Exhibit 2 -
Proposed Order Granting Leave to File Surreply)(Dascoli, John) (Modified text
to conform to filed document and to edit description of attachments on
7/27/2010) (skh). |
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MEMORANDUM
by David Wagner in support of 41 MOTION by David
Wagner to Strike Improper New Arguments in 36 Reply to
Response or, in the Alternative, for Leave to File Surreply (Dascoli, John)
(Modified text to conform to filed document on 7/27/2010) (skh). |
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RESPONSE
by Commonwealth of Massachusetts Pension Reserves Investment Trust in
opposition of 41
MOTION by David Wagner to Strike Improper New Arguments in 36 Reply to
Response or, in the Alternative, for Leave to File Surreply (Elswick, Samuel)
(Modified text to conform to filed document on 8/1/2010) (skh). |
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CERTIFICATE
OF SERVICE filed by |
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REPLY by
David Wagner to 43
Response in Opposition. (Attachments: # 1 Exhibit 1 -
Surreply, # 2
Exhibit 2 - Dascoli Surreply Declaration w/ Exhibits)(Dascoli, John)
(Modified on |
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RESPONSE
by |
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NOTICE
OF CHANGE OF ADDRESS by Laurie L. Largent (Largent, Laurie) |
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INCORRECT
ENTRY; |
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PROPOSED
ORDER Stipulation and Order for Consolidation, Appointment of Lead Plaintiff,
and Approval of Selection of Lead Counsel by |
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NOTICE
OF DOCKET CORRECTION re: 48 JOINT MOTION by |
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MOTION
by Richard A. Speirs to Withdraw as Counsel on behalf of Wayne County
Employees' Retirement System (Attachment: # 1 Proposed Order
Granting Withdrawal of Richard Speirs as Counsel)(Pyles, Bradley) (Modified
text to conform to filed document and to remove excess text on 12/19/2010)
(skh). |
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ORDER
GRANTING MOTION OF RICHARD SPEIRS TO WITHDRAW AS COUNSEL: granting 50 MOTION to
Withdraw as Attorney by Attorney Richard A. Speirs. Signed by Judge Irene C.
Berger on |
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ORDER:
directing Plaintiff, Macomb County Employees' Retirement System, to file an
opposition or other response to the 49 Stipulation and
Proposed Order by |
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RESPONSE
by |
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MOTION
to Withdraw Tricia McCormick as Counsel on behalf of David Wagner
(Attachment: # 1
Proposed Order re Motion to Withdraw Tricia L. McCormick as Counsel)(Largent,
Laurie) (Modified for clarity of text on |
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ORDER:
adopting the 49
Stipulation...for Consolidation, Appointment of Lead Plaintiff, and Approval
of Selection of Lead Counsel filed 12/17/2010; consolidating 5:10-cv-0689 and
5:10-cv-0776; designating Civil Action No. 5:10-cv-0689 as the lead case;
directing that this Order apply to the Consolidated Action and to each case
that relates to the same subject matter that is subsequently filed in this
Court or is transferred to this Court, and is consolidated with the
Consolidated Action; directing that every pleading in the Consolidated Action
shall have the following caption: "IN RE MASSEY ENERGY CO. SECURITIES
LITIGATION, Civil Action No. 5:10-cv-00689;" requesting the assistance
of counsel in calling to the attention of the Clerk of this Court the filing
or transfer of any case that may properly be consolidated as part of the
Consolidated Action; directing the Clerk to (a) file a copy of this Order in
any case that arises out of the same subject matter as the Consolidated
Action; (b) transmit electronically a copy of this Order to the attorneys for
the parties in the newly-filed or transferred case; (c) make the appropriate
entry in the Master Docket for the Consolidated Action; directing that each
new case that arises out of the subject matter of the Consolidated Action be
consolidated with the Consolidated Action; appointing Massachusetts PRIT as
Lead Plaintiff in the Consolidated Action; approving Labaton Sucharow LLP and
Robbins Geller Rudman & Dowd LLP as Co-Lead Counsel for the Class;
approving James F. Humphreys & Associates, L.C. as Liaison Counsel for
the Class; withdrawing Movant David Wagner's 17 Motion to
Consolidate Related Actions, to Appoint David Wagner as Lead Plaintiff and
for Approval of Selection of Counsel and 41 Motion to Strike
Improper New Arguments in Reply Brief, or in the Alternative, for Leave to
File Surreply; directing the Clerk to list Movant Wagner as a named Plaintiff
in the Consolidated Action; terminating as moot the 14 Motion of
Commonwealth of Massachusetts Pension Reserve Investment Trust for
Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of
Counsel. Signed by Judge Irene C. Berger on |
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THIS
CASE |
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ORDER |
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MOTION
by MEE Investor Group to Withdraw from Civil Action (Giatras, |
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PROPOSED
ORDER Granting Motion to Withdraw from Civil Action by MEE Investor Group
(Giatras, |
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STATEMENT
OF VISITING ATTORNEY from Ira A. Schochet on behalf of |
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PRO HAC
VICE FEE in the sum of $50.00 received from Labaton Sucharow LLP. Receipt
Number |
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STATEMENT
OF VISITING ATTORNEY from David J. Goldsmith on behalf of |
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PRO HAC
VICE FEE in the sum of $50.00 received from Labaton Sucharow LLP. Receipt
Number |
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STATEMENT
OF VISITING ATTORNEY from Joel H. Bernstein on behalf of |
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PRO HAC
VICE FEE in the sum of $50.00 received from Labaton Sucharow LLP. Receipt
Number |
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STATEMENT
OF VISITING ATTORNEY from Paul Jeffrey Geller on behalf of Macomb County
Employees' Retirement System. Local counsel: James A. McKowen. (mls)
(Entered: |
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STATEMENT
OF VISITING ATTORNEY from Jack Reise on behalf of Macomb County Employees'
Retirement System. Local counsel: James A. McKowen. (mls) (Entered: |
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PRO HAC
VICE FEE in the sum of $100.00 received from Robbins Geller Rudman &
Dowd. Receipt Number |
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DEADLINE
CORRECTED in the 56
Order and Notice: Deadline for filing Rule 12(b) motions corrected from |
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JOINT
MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust,
Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard J.
Gabrys, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F.
Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbertee, E. Gordon Gee, J.
Christopher Adkins to Modify 56 Order and Notice
and for Entry of a Revised Scheduling Order (Attachment: # 1 Proposed
Order)(Reise, Jack) (Modified text to conform to filed document and to add
additional filers on 1/22/2011) (skh). |
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STATEMENT
OF VISITING ATTORNEY from Stuart W. Gold on behalf of Massey Energy Company,
Robert H. Foglesong, Stanley C. Suboleski, James B. Crawford, Richard J.
Gabrys, Barbara Thomas Judge, Dan R. Moore. Local counsel: Jonathan L.
Anderson. Fee $50.00. Receipt # 0425-1458180. (Anderson, Jonathan) |
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EMAIL
NOTIFICATION to Stuart Gold requesting that he file an Attorney Registration
Form for Electronic Filing or Attorney Registration Form for E-Mail
Notification Only. (jkk) Modified on |
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SECOND
EMAIL NOTIFICATION to Joel H. Bernstein, Ira A. Schochet and David J.
Goldsmith requesting that they file an Attorney Registration Form for
Electronic Filing or an Attorney Registration Form for E-Mail Notification
Only. (jkk) |
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ORDER:
granting the 68
JOINT MOTION by Plaintiffs and Defendants to Modify 56 Scheduling Order
and for Entry of a Revised Scheduling Order; directing that Lead Plaintiff
file and serve a Consolidated Amended Complaint by 3/11/2011; directing that
Defendants file and serve responsive pleadings, move to dismiss, or otherwise
respond to the Consolidated Amended Complaint by 4/25/2011; directing Lead
Plaintiff to file and serve its response(s) to any motions to dismiss by
6/9/2011; directing Defendants to file and serve any reply brief(s) in
further support of their motion(s) to dismiss by 7/11/2011; cancelling the
Scheduling Conference previously scheduled for 4/21/2011. Signed by Judge
Irene C. Berger on |
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ORDER
GRANTING MOVANT, MEE INVESTOR GROUP'S MOTION TO WITHDRAW FROM CIVIL ACTION:
Directing that the Motion of Movant MEE Investor Group to withdraw from the
this action is GRANTED; Directing that Troy N. Giatras, The Giatras Law Firm,
Charles J. Piven, David A.P. Brower and Brower Piven, are hereby withdrawn as
counsel for the Movant MEE Investor Group; and Directing that MEE Investor
Group is hereby withdrawn and shall be removed from the Court's docket in
this matter. Signed by Judge Irene C. Berger on |
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NOTICE
OF CHANGE OF ATTORNEY INFORMATION by Troy N. Giatras on behalf of MEE
Investor Group. (Giatras, |
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ORDER
granting 54
MOTION to Withdraw Tricia L. McCormick as Counsel. Attorney Tricia L.
McCormick terminated. Signed by Judge Irene C. Berger on |
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MOTION
by Commonwealth of |
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MEMORANDUM
by Commonwealth of Massachusetts Pension Reserves Investment Trust, David
Wagner in support of 76
MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust,
David Wagner for Partial Lift of the PSLRA Discovery Stay (Bernstein, Joel) |
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DECLARATION
by Joel H. Bernstein on behalf of Commonwealth of Massachusetts Pension
Reserves Investment Trust, David Wagner in support of 76 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner
for Partial Lift of the PSLRA Discovery Stay (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit
19)(Bernstein, Joel) (Modified title of entry from affidavit to declaration
on 2/17/2011) (skh). |
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COMBINED
MOTIONS by |
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MEMORANDUM
by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B.
Tolbert in opposition to 76 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner
for Partial Lift of the PSLRA Discovery Stay (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Harvey, Tammy) (Modified description of attachments on 3/7/2011) (skh). |
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RESPONSE
by James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee,
Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C.
Suboleski in opposition of 76 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner
for Partial Lift of the PSLRA Discovery Stay (Anderson, Jonathan) |
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ORDER:
that the 79
MOTION by |
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CONSOLIDATED
AMENDED CLASS ACTION COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES |
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EMAIL
NOTIFICATION to Felicia Y. Mann, Re: Electronic filing. (Attachments: # 1 Clerk's Notice)
(jkk) |
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JOINT
STIPULATION CONCERNING BRIEFING ON THE PARTIAL LIFTING OF THE PSLRA DISCOVERY
STAY by Commonwealth of Massachusetts Pension Reserves Investment Trust,
David Wagner, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E.
Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter
F. Phillips, Jr., Eric B. Tolbert, Stanley C. Suboleski, J. Christopher
Adkins, Donald L. Blankenship, United States of America (Bernstein, Joel)
(Modified title of entry to conform to filed document and to add additional
filers on 3/17/2011) (skh). |
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STATEMENT
OF VISITING ATTORNEY from Felicia Y. Mann on behalf of |
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PRO HAC
VICE FEE in the sum of $50.00 received from Felicia Y. Mann, Labaton Sucharow
LLP. Receipt Number |
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ORDER:
striking Attorneys Thomas C. Michaud and Michael J. Vanoverbeke as counsel of
record in this matter, for failure to comply with this Court's Local Rule of
Civil Procedure 83.6. Signed by Judge Irene C. Berger on |
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ORDER:
referring the 76
MOTION by the |
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REPLY by
Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner
to 80 Memorandum
In Opposition, 81
Response In Opposition and RESPONSE by Commonwealth of Massachusetts Pension
Reserves Investment Trust, David Wagner in opposition of 79 COMBINED MOTIONS
by United States of America to Intervene and to Stay Discovery (Attachments:
# 1 Declaration
of Joel H. Bernstein, # 2 Exhibit 1 to
Bernstein Declaration, # 3 Exhibit 2 to
Bernstein Declaration, # 4 Exhibit 3 to
Bernstein Declaration, # 5 Exhibit 4 to
Bernstein Declaration, # 6 Exhibit 5 to
Bernstein Declaration, # 7 Exhibit 6 to
Bernstein Declaration, # 8 Exhibit 7 to
Bernstein Declaration, # 9 Exhibit 8 to
Bernstein Declaration, # 10 Exhibit 9 to
Bernstein Declaration, # 11 Proposed
Order)(Bernstein, Joel) (Modified for clarity of text on 4/4/2011) (skh). |
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MOTION
by United States of America to Extend the Time to Respond to 90 Reply to
Response to April 22, 2011 (Westfall, Fred) (Modified for clarity of text and
to add link to #90 reply on 4/10/2011) (skh). |
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REPLY by
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JOINT
OBJECTION to Proposed Order Granting Plaintiffs' Motion to Partially Lift the
PSLRA Discovery Stay attached to the 92 Reply to
Response by J. Christopher Adkins, Don L. Blankenship, James B. Crawford,
Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge,
Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley C.
Suboleski, Eric B. Tolbert (Anderson, Jonathan) (Modified text to conform to
filed document on 4/21/2011) (skh). |
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MOTION
by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B.
Tolbert to Dismiss 83
Consolidated Amended Class Action Complaint (Flaherty, Thomas) (Modified on
4/26/2011 to add link to #83 amended complaint) (skh). |
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MEMORANDUM
by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B.
Tolbert in support of 94
MOTION by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr,
Eric B. Tolbert to Dismiss 83 Consolidated
Amended Class Action Complaint (Flaherty, Thomas) (Modified text to conform
to filed document and to replace incomplete image with complete image on
4/26/2011) (skh). |
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JOINT
MOTION by James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon
Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C.
Suboleski to Dismiss 83
Consolidated Amended Class Action Complaint (Attachment: # 1 Declaration of
Julie A. North with Exhibits A-H)(Anderson, Jonathan) (Modified for clarity
of text and to edit description of attachment on 4/26/2011) (skh). |
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MEMORANDUM
by James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee,
Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C.
Suboleski in support of 96 JOINT MOTION by
James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee,
Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C.
Suboleski to Dismiss 83
Consolidated Amended Class Action Complaint (Anderson, Jonathan) (Modified
for clarity of text on 4/26/2011) (skh). |
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NOTICE
OF DOCKET CORRECTION re: 95 Memorandum by J.
Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B.
Tolbert in support of 94
MOTION to Dismiss 83
Consolidated Amended Class Action Complaint. ERROR: Incomplete image
attached. CORRECTION: Incomplete image replaced with complete image. (skh) |
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PROPOSED
ORDER Joint Stipulated Proposed Order Concerning Page Length of Opposition to
Defendants' Motions to Dismiss Plaintiffs' Consolidated Amended Complaint by
J. Christopher Adkins, Don L. Blankenship, Commonwealth of Massachusetts
Pension Reserves Investment Trust, James B. Crawford, Robert H. Foglesong,
Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy
Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley C. Suboleski, Eric B.
Tolbert, David Wagner (Bernstein, Joel) |
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JOINT
STIPULATED ORDER CONCERNING |
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MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner
to Strike Exhibits B-H to the Declaration of Julie A. North attached to the 96 JOINT MOTION by
James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee,
Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C.
Suboleski to Dismiss (Bernstein, Joel) (Modified text to conform to filed
document on 6/10/2011) (skh). |
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MEMORANDUM
by Commonwealth of Massachusetts Pension Reserves Investment Trust, David
Wagner in support of 100
MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust,
David Wagner to Strike Exhibits B-H to the Declaration of Julie A. North
attached to the 96
Joint Motion to Dismiss (Bernstein, Joel) (Modified text to conform to filed
document on 6/10/2011) (skh). |
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PROPOSED
ORDER Striking Exhibits B-H to the Declaration of Julie A. North in Support
of Defendants' Motions to Dismiss by |
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MEMORANDUM
by Commonwealth of Massachusetts Pension Reserves Investment Trust, David
Wagner in opposition to 94 MOTION by J.
Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B.
Tolbert to Dismiss 83
Consolidated Amended Class Action Complaint and 96 JOINT MOTION by
James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee,
Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C.
Suboleski to Dismiss 83
Consolidated Amended Class Action Complaint (Bernstein, Joel) |
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DECLARATION
by Joel H. Bernstein, on behalf of Commonwealth of Massachusetts Pension Reserves
Investment Trust, David Wagner in support of 103 Memorandum In
Opposition. (Attachments: # 1 Exhibit A to
Declaration, # 2
Exhibit B to Declaration, # 3 Exhibit C to
Declaration, # 4
Exhibit D to Declaration, # 5 Exhibit E to
Declaration, # 6
Exhibit F to Declaration)(Bernstein, Joel) (Modified text to conform to filed
document, to add link to #103 memorandum, to remove link to #94 and #96
motions and to edit description of attachments on |
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NOTICE
OF ATTORNEY APPEARANCE by Ricklin Brown on behalf of Alpha Appalachia
Holdings, Inc. (Brown, Ricklin) (Modified on |
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NOTICE
OF ATTORNEY APPEARANCE by Christopher S. Morris on behalf of Alpha Appalachia
Holdings, Inc. (Morris, Christopher) (Modified on |
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NOTICE
OF ATTORNEY APPEARANCE by Brian A. Glasser on behalf of Alpha Appalachia
Holdings, Inc. (Glasser, Brian) (Modified on |
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STATEMENT
OF VISITING ATTORNEY from Mitchell A. Lowenthal on behalf of Alpha Appalachia
Holdings, Inc. formerly known as Massey Energy Company. Local counsel:
Ricklin Brown. (cds) (Modified for clarity of text on |
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PRO HAC
VICE FEE in the sum of $50.00 received from CLEARY GOTTLIEB STEEN HAMILTON.
Receipt Number |
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STATEMENT
OF VISITING ATTORNEY from Boaz S. Morag on behalf of Alpha Appalachia
Holdings, Inc. formerly known as Massey Energy Company. Local counsel:
Ricklin Brown. (cds) (Modified for clarity of text on |
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PRO HAC
VICE FEE in the sum of $50.00 received from CLEARY GOTTLIEB STEEN HAMILTON.
Receipt Number |
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EMAIL
NOTIFICATION to Mitchell A. Lowenthal and Boaz S. Morag from Teresa L.
Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice)
(jkk) |
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NOTICE of
Name Change from Massey Energy Company to Alpha Appalachia Holdings, Inc.
by Alpha Appalachia Holdings, Inc. (Brown, Ricklin) (Modified for clarity of
text on 6/22/2011) (skh). |
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DISCLOSURE
STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by
Interested Party Alpha Appalachia Holdings, Inc. (Brown, Ricklin) (Modified
on 6/22/2011 to remove Massey Energy Company as a filer) (skh). |
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REQUEST
FOR JUDICIAL NOTICE by |
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MEMORANDUM
by Alpha Appalachia Holdings, Inc., James B. Crawford, Robert H. Foglesong,
Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Dan R. Moore, Stanley
C. Suboleski in opposition of 100 MOTION by
Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner
to Strike Exhibits B-H to the Declaration of Julie A. North attached to the 96 Joint Motion to
Dismiss (Anderson, Jonathan) (Modified title of entry from
"response" to "memorandum" to conform to filed document
and to remove J. Christopher Adkins, Don L. Blankenship, Massey Energy
Company, Baxter F. Phillips, Jr, and Eric B. Tolbert as filers on 6/27/2011)
(skh). |
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EXHIBIT
A (Part 1) by Commonwealth of |
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REPLY by
Commonwealth of |
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JOINT MOTION
by J. Christopher Adkins, Alpha Appalachia Holdings, Inc., Don L.
Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E.
Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter
F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert to Extend Deadline to
File Response and Reply Briefs re: 115 Request for
Judicial Notice and 103
Memorandum in Opposition to July 18, 2011 and July 25, 2011 (Anderson,
Jonathan) (Modified text to conform to filed document and to add link to #115
request and #103 memorandum on 7/10/2011) (skh) |
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PROPOSED
ORDER Granting Joint Motion to Extend Deadline to File Response and Reply
Briefs by J. Christopher Adkins, Alpha Appalachia Holdings, Inc., Don L.
Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E.
Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter
F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert (Anderson, Jonathan) |
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07/11/2011 |
ORDER:
The JOINT MOTION to Extend Deadline to File Response and Reply Briefs is
hereby GRANTED. It is ORDERED that the defendants must file any reply briefs
in further support of their previously filed 94 96 motions to
dismiss by 07/18/2011. It is further ORDERED that the deadline by which
defendants must respond to the 115 Request for
Judicial Notice In Further Support of Plaintiff's Opposition to Defendants'
Motion to Dismiss is extended to July 18, 2011, with the plaintiffs' reply to
be filed by July 25, 2011. Signed by Judge Irene C. Berger on 07/11/2011.
(cc: attys; any unrepresented party) (mls) |
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07/13/2011 |
SUPPLEMENTAL
PROFFER OF ADDITIONAL ALLEGATIONS by Commonwealth of Massachusetts Pension
Reserves Investment Trust, David Wagner Supporting Plaintiffs' Request for
Leave to Replead the Consolidated Amended Complaint, if Necessary re: 103 Memorandum In
Opposition. (Attachments: # 1 Exhibit A Part 1,
# 2 Exhibit A
Part 2, # 3
Exhibit B)(Bernstein, Joel) (Modified text to conform to filed document on
7/13/2011) (skh). |
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|
07/18/2011 |
REPLY
MEMORANDUM by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips,
Jr, Eric B. Tolbert to 103 Memorandum In
Opposition. (Harvey, Tammy) (Modified title of entry to add
"reply," to add link to #103 memorandum and to remove link to #94
motion on 7/18/2011) (skh). |
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07/18/2011 |
REPLY by
Alpha Appalachia Holdings, Inc., James B. Crawford, Robert H. Foglesong,
Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy
Company, Dan R. Moore, Stanley C. Suboleski to 103 Memorandum In
Opposition. (Attachment: # 1 Declaration of
Julie A. North)(Anderson, Jonathan) (Modified description of attachment on
7/18/2011) (skh). |
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07/18/2011 |
RESPONSE
by J. Christopher Adkins, Alpha Appalachia Holdings, Inc., Don L.
Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E.
Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter
F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert in opposition of 115 REQUEST FOR JUDICIAL
NOTICE by Plaintiffs in further support of Memorandum In Opposition to
Defendants' Motions to Dismiss and 122 SUPPLEMENTAL
PROFFER OF ADDITIONAL ALLEGATIONS by Plaintiffs Supporting Plaintiffs'
Request for Leave to Replead the Consolidated Amended Complaint, if Necessary
(Attachment: # 1
Declaration of Jonathan L. Anderson)(Anderson, Jonathan) (Modified text to
conform to filed document, to add link to #122 supplemental proffer and to
edit description of attachment on 7/18/2011) (skh). |
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07/25/2011 |
REPLY by
Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner
to 125 Response
In Opposition. (Bernstein, Joel) (Modified on 7/25/2011 to add link to #125
response and to remove link to #115 request) (skh). |
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MEMORANDUM
OPINION |
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ORDER
GRANTING PLAINTIFFS' 76
MOTION TO PARTIALLY LIFT THE PSLRA DISCOVERY STAY (See 127 Memorandum
Opinion and Order). Signed by Magistrate Judge R. Clarke VanDervort on |
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