US
District Court Civil Docket as of 05/11/2011
Retrieved from the court on May 13, 2011
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Movant |
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1199 Seiu
Greater |
represented by |
David A.
Rosenfeld |
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Plaintiff
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Christine
Johnson |
represented by |
James E.
Tullman |
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Defendant
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Siemens AG, |
represented by |
Brant W.
Bishop |
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Defendant
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Peter
Loscher |
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Defendant
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Joe Kaeser |
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Date Filed |
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Docket Text |
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COMPLAINT
against Siemens AG, Disclosure Statement on Civil Cover Sheet completed -No,,
filed by Christine Johnson. (Attachments: # 1
Civil Cover Sheet) (Davis, Kimberly) (Entered: |
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Summons Issued
as to Siemens AG,. (Davis, Kimberly) (Entered: |
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FILING FEE: $
350.00, receipt number 4653008547 (Davis, Kimberly) (Entered: |
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NOTICE of
Appearance by Oreste P. McClung on behalf of Siemens AG, (aty to be noticed)
(McClung, Oreste) (Entered: |
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Corporate
Disclosure Statement by Siemens AG, (McClung, Oreste) (Entered: |
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STIPULATION |
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ORDER: The
stipulation and order enlarging defendant's time to answer or move, 4
, is "so ordered." Ordered by Judge John Gleeson on |
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MOTION to
Appoint Counsel and to Appoint Lead Plaintiff by Christine Johnson.
(Attachments: # 1
Proposed Order Proposed Order) (Weiss, Joseph) (Entered: |
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MEMORANDUM in
Support re 5
MOTION to Appoint Counsel and to Appoint Lead Plaintiff filed by
Christine Johnson. (Weiss, Joseph) (Entered: |
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AFFIDAVIT/DECLARATION
in Support re 5
MOTION to Appoint Counsel and to Appoint Lead Plaintiff filed by
Christine Johnson. (Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D) (Weiss, Joseph) (Entered: |
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MOTION to
Appoint Counsel by 1199 Seiu Greater |
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MEMORANDUM in
Support of Motion to Appoint Counsel filed by 1199 Seiu Greater New
York Pension Fund. (Rosenfeld, David) (Entered: |
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AFFIDAVIT/DECLARATION
in Support re 8
MOTION to Appoint Counsel filed by 1199 Seiu Greater New York Pension Fund.
(Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D) (Rosenfeld, David) (Entered: |
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ORDER: The
Court has received two motions to appoint lead plaintiff and lead counsel.
Each movant shall file a response to the other's motion by |
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NOTICE of
Appearance by Brant W. Bishop on behalf of Siemens AG, (aty to be noticed)
(Bishop, Brant) (Entered: |
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NOTICE of
Appearance by James Philip Gillespie on behalf of Siemens AG, (aty to be
noticed) (Gillespie, James) (Entered: |
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RESPONSE to
Motion re 8
MOTION to Appoint Counsel, 5
MOTION to Appoint Counsel and to Appoint Lead Plaintiff filed by
Siemens AG,. (Gillespie, James) (Entered: |
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WAIVER OF
SERVICE Returned Executed by Christine Johnson. (Weiss, Joseph) (Entered: |
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NOTICE by
Christine Johnson of Withdrawal of Motion for Appointment as Lead
Plaintiff and for Approval of Selection of Lead Counsel (Weiss, Joseph)
(Entered: |
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MEMORANDUM in
Support re 8
MOTION to Appoint Counsel and Appointment of Lead Plaintiff and in
Opposition to the Motion of Christine Johnson filed by 1199 Seiu Greater
New York Pension Fund. (Attachments: # 1
Exhibit A, # 2
Exhibit B) (Rosenfeld, David) (Entered: |
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ORDER: The
remaining motion for appointment of lead plaintiff and lead counsel, 8
, is granted. 1199 SEIU Greater New York Pension Fund is appointed lead plaintiff
for the putative class, and the law firm of Coughlin Stoia Geller Rudman
& Robbins LLP is appointed as the putative class's Lead Counsel. The oral
argument scheduled for February 19 is canceled. Ordered by Judge John Gleeson
on |
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NOTICE of
Change of Firm Name Change from Coughlin Stoia Geller Rudman & Robbins
LLP to Robbins Geller Rudman & Down LLP, effective March 31, 2010 by
Samuel H. Rudman (Rudman, Samuel) (Entered: 03/23/2010) |
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STIPULATION and
Proposed Order by Siemens AG, (Gillespie, James) (Entered: |
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ORDER: In accordance
with the parties' stipulation, Lead Plaintiff shall file an Amended Complaint
no later than |
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Letter MOTION
for Extension of Time to File Amended Complaint by 1199 Seiu Greater |
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ORDER granting
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Motion for Extension of Time to File: The plaintiff's request for an
extension to file her amended complaint is granted. The amended complaint
shall be filed on or before |
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NOTICE of
Appearance by James E. Tullman on behalf of Christine Johnson (aty to be
noticed) (Tullman, James) (Entered: |
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AMENDED
COMPLAINT for Violations of the Federal Securities Laws against
Siemens AG,, Peter Loscher, Joe Kaeser, filed by 1199 Seiu Greater New York
Pension Fund. (Rudman, Samuel) (Entered: |
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Letter MOTION
to Adjourn Conference by Siemens AG,. (Gillespie, James) (Entered: |
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ORDER: The
motion to adjourn the pre-motion conference, 22
, is granted. The conference will now be held on |
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AMENDED Summons
Issued as to Joe Kaeser, Peter Loscher. (Goddard, |
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Minute Entry
for proceedings held before Judge John Gleeson: Case called. Plaintiffs
represented by David A. Rosenfeld, Esq. Defendants represented by James P.
Gillespie, Esq. Pre Motion Conference held on |
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Letter MOTION
for Leave to File Excess Pages In Support of Motion to Dismiss by
Siemens AG,. (Gillespie, James) (Entered: |
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ORDER: The
motion for leave to file excess pages, 24
, is granted. Ordered by Judge John Gleeson on |
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MOTION to
Dismiss by Siemens AG,. (Attachments: # 1
Memorandum in Support, # 2
Exhibit) (Gillespie, James) (Entered: |
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DECLARATION re
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MOTION to Dismiss by Siemens AG, (Attachments: # 1
Exhibit, # 2
Exhibit, # 3
Exhibit, # 4
Exhibit, # 5
Exhibit, # 6
Exhibit, # 7
Exhibit, # 8
Exhibit, # 9
Exhibit, # 10
Exhibit, # 11
Exhibit, # 12
Exhibit, # 13
Exhibit, # 14
Exhibit, # 15
Exhibit, # 16
Exhibit) (McClung, Oreste) (Entered: 07/23/2010) |
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MOTION for
Leave to Appear Pro Hac Vice Pro Hac Vice of Thomas D. Yannucci Filing
fee $ 25, receipt number 0207-4280321. by Siemens AG,. (Attachments: # 1
Appendix, # 2
Proposed Order) (Yannucci, Thomas) (Entered: |
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ORDER granting
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MOTION for Leave to Appear Pro Hac Vice of Thomas D. Yannucci, Esq. by
Siemens AG. (Filing fee: $ 25 paid, receipt number 0207-4280321). Ordered by
Magistrate Judge Ramon E. Reyes, Jr. on |
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MEMORANDUM in
Opposition re 25
MOTION to Dismiss the Amended Complaint filed by 1199 Seiu Greater New
York Pension Fund. (Rudman, Samuel) (Entered: |
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REPLY in
Support re 25
MOTION to Dismiss the Amended Complaint filed by Siemens AG,.
(Gillespie, James) (Entered: |
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ORDER :
Siemens AG is directed to file on ECF a complete, non-excerpted copy of the
Form 20-f that was filed by Siemens AG with the |
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DECLARATION re
25
MOTION to Dismiss, 26
Declaration, Second Declaration of Oreste P. McClung by Siemens AG,
(Attachments: # 1
Exhibit Exhibit 1 - Part 1, # 2
Exhibit Exhibit 1 - Part 2, # 3
Exhibit Exhibit 1 - Part 3, # 4
Exhibit Exhibit 1 - Part 4) (McClung, Oreste) (Entered: 11/18/2010) |
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Minute Entry
for proceedings held before Judge John Gleeson: Case called. Plaintiffs
represented by James Tullman, Esq. and David A. Rosenfeld, Esq. Defendants
represented by James P. Gillespie, Esq.; Oreste P. McClung, Esq.; and
Jonathan F. Ganter, Esq. Oral Argument held on 11/19/2010 re 25
MOTION to Dismiss filed by Siemens AG. The Court's decision is reserved and
will be filed via ECF separately. (Court Reporter Gene Rudolph.) (Lee, Ilene)
(Entered: |
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DECLARATION re
Motion to Dismiss by Siemens AG, (Attachments: # 1
Exhibit A, # 2
Exhibit 1 Part 1, # 3
Exhibit 1 Part 2, # 4
Exhibit 1 Part 3, # 5
Exhibit 1 Part 4) (Gillespie, James) (Entered: 11/22/2010) |
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NOTICE by
Siemens AG, re 25
MOTION to Dismiss re Supplemental Authority (Attachments: # 1
Exhibit A) (Gillespie, James) (Entered: |
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NOTICE by
Siemens AG, re 25
MOTION to Dismiss Second Notice of Supplemental Authority
(Attachments: # 1
Exhibit A) (Gillespie, James) (Entered: |
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NOTICE of
Change of Address by James E. Tullman and Weiss & Lurie (Tullman,
James) (Entered: |
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ORDER granting
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Motion to Dismiss : For the reasons stated in the attached memorandum and
order, Siemens AG's motion to dismiss is granted, and leave to replead is
denied. Ordered by Judge John Gleeson on |
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Notice of
MOTION for Reconsideration re 36
Order on Motion to Dismiss by 1199 Seiu Greater |
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MEMORANDUM in
Support re 37
Notice of MOTION for Reconsideration re 36
Order on Motion to Dismiss filed by 1199 Seiu Greater New York Pension Fund.
(Attachments: # 1
Exhibit 1 - Memorandum and Order, # 2
Exhibit 2 - [Proposed] Second Amended Complaint) (Rosenfeld, David) (Entered:
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MEMORANDUM in
Opposition re 37
Notice of MOTION for Reconsideration re 36
Order on Motion to Dismiss filed by Siemens AG,. (Gillespie, James) (Entered:
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ORDER denying 37
Motion for Reconsideration : Because plaintiff's proposed second amended
complaint would not cure the first amended complaint's failure to allege
scienter, amendment would be futile and the motion for reconsideration is
denied. Ordered by Judge John Gleeson on |
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CLERK'S
JUDGMENT, that the motion to dismiss is granted without leave to replead;
that lead plaintiffs claim under 10(b) and Rule 10b-5 against Siemens are
dismissed pursuant to FRCP 12(b)(6) for failure to state a claim, as the
Amended Complaint fails to allege facts giving rise to a strong inference of
scienter as required under PSLRA; that in the absence of an alleged violation
of 10b or Rule 10b-5, lead plaintiff claims against Loscher and Kaeser under
20(a) are dismissed also pursuant to Rule 12(b)(6) for failure to state a
claim; and that the complaint is dismissed on these grounds, that the court
need not address Siemens alternative arguments in support of its motion to
dismiss. (Ordered by Robert C. Heinemann, Clerk of Court on |
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