| -- |
Filed: 8/8/2003, Entered: 8/11/2003 |
Complaint |
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1st Class Action COMPLAINT for violations of Colorado and Federal Securities Law and shareholders derivative action pursuant to C.R.C.P. 23 and 23.1 with jury demand (bpm)
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| -- |
Filed: 8/8/2003, Entered: 8/11/2003 |
Filing Fee Received |
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FILING FEE PAID: on 8/8/03 in the amount of $ 150, receipt # 245487. (bpm)
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| 1 |
Filed: 8/8/2003, Entered: 8/11/2003 |
Notice of Removal |
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NOTICE OF REMOVAL from Denver Cty Dist Court Case Number: 03CV5423 (bpm)
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| 2 |
Filed: 8/8/2003, Entered: 8/11/2003 |
Certificate |
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CERTIFICATE of Compliance with Local Rule 81.2 by defendants L. Shawn Breskow, James W. Stuckert, James - Rogers (bpm)
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| 3 |
Filed: 8/13/2003, Entered: 8/14/2003 |
Order |
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ORDER by Judge Zita L. Weinshienk. Case is returned to clerk for reassignment to another judge (cc: all counsel) ; entry date : 8/14/03 (gms)
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| 4 |
Filed: 8/14/2003, Entered: 8/14/2003 |
Letter |
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LETTER from clerk to counsel advising of reassignment of case to Judge Krieger re: order [3-1] (gms)
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| 5 |
Filed: 8/15/2003, Entered: 8/20/2003 |
Motion for Extension of Time to File Answer |
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MOTION by defendant L. Shawn Breskow, defendant James W. Stuckert, defendant James Rogers to extend time to Answer Complaint extended to: 9/4/03 (erv) Modified on 08/21/2003
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| 6 |
Filed: 8/26/2003, Entered: 8/29/2003 |
Order |
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ORDER of Opportunity for Accelerated Service by Judge Marcia S. Krieger (cc: all counsel) ; entry date : 8/29/03 (erv)
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| 7 |
Filed: 8/26/2003, Entered: 8/29/2003 |
Order Referring Case to Magistrate Judge |
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ORDER R16,stat,stlmt,pt,pto referred to Magistrate Judge Patricia A. Coan by Judge Marcia S. Krieger (cc: counsel) (erv) Modified on 12/16/2003
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| 8 |
Filed: 9/4/2003, Entered: 9/5/2003 |
Motion to Amend/Correct/Modify |
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Stipulation and Joint MOTION by Dfts WebAccess Intl Inc, L. Shawn Breskow, James W. Stuckert, James Rogers, Pla's Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge to amend complaint [0-1] , and to extend time to extended to: 11//4/03 (erv)
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| 9 |
Filed: 9/5/2003, Entered: 9/9/2003, Terminated: 11/20/2003 |
Motion to Substitute Attorney |
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Notice (MOTION) by defendant L. Shawn Breskow, defendant James W. Stuckert, defendant James Rogers to substitute attorney (erv)
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| 10 |
Filed: 9/8/2003, Entered: 9/10/2003 |
Memorandum |
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MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge Patricia A. Coan the Stipulation and Joint motion to amend complaint [0-1] [8-1], referring to Magistrate Judge Patricia A. Coan the motion to extend time to extended to: 11//4/03 [8-2] (erv)
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| 11 |
Filed: 9/10/2003, Entered: 9/11/2003 |
Order |
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MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting Pla's motion to amend complaint to on or before 10/4/03 [0-1] [8-1], granting motion to extend time to extended to on or before 11/4/03 or 30 days after service of the Amd Cmp, whichever is earlier [8-2] (cc: all counsel) ; entry date : 9/11/03 (erv)
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| 12 |
Filed: 9/15/2003, Entered: 9/17/2003 |
Order |
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ORDER by Judge Marcia S. Krieger finding Dfts motion to extend time to Answer Complaint extended to: 9/4/03 [5-1] moot, on 9/4/03, the parties entered into a stipulation wherein an amended complaint would be filed and provided until 11/4/03 to answer (cc: all counsel) ; entry date : 9/17/03 (erv)
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| 13 |
Filed: 10/6/2003, Entered: 10/8/2003 |
Amended Complaint |
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AMENDED COMPLAINT [0-1] by Plas'; jury demand; adding defendant J.J.B. Hilliard (erv)
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| 14 |
Filed: 11/3/2003, Entered: 11/4/2003, Terminated: 11/7/2003 |
Amended Complaint |
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Second AMENDED COMPLAINT [13-1] by plaintiff; jury demand; adding defendant Steven E. Anderson (erv)
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| 15 |
Filed: 11/3/2003, Entered: 11/4/2003 |
Motion to Substitute Attorney |
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MOTION by defendant WebAccess Intl Inc to substitute attorney (erv)
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| 16 |
Filed: 11/3/2003, Entered: 11/4/2003 |
Motion to Amend/Correct/Modify |
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Stipulation and Joint MOTION by defendant WebAccess Intl Inc, defendant Blair Whitaker, defendant L. Shawn Breskow, defendant James W. Stuckert, defendant Archibald J. McGill, defendant Wiley E. Prentice Jr., defendant Steven A. Lyga, defendant Carol L. Leveque, defendant J.J.B. Hilliard, defendant Daniel W. Boyd, defendant James Rogers to amend complaint [14-1] , and to extend time to and incl 12/22/03 within which to file an answer (erv)
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| 17 |
Filed: 11/4/2003, Entered: 11/5/2003 |
Memorandum |
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MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge Patricia A. Coan the motion to extend to and incl 12/22/03 within which to file an answer [16-2], referring to Magistrate Judge Patricia A. Coan the motion to substitute attorney [15-1] (erv)
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| 18 |
Filed: 11/7/2003, Entered: 11/10/2003 |
Order |
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MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting motion to amend complaint [14-1] [16-1], granting motion to extend time to file an answer [16-2], granting motion to substitute attorneys: [15-1] Senn Visciano Kirschenbaum P.C. for Brega & Winters PC WebAccess Intl Inc and substituting attorney Lee Katherine Goldstein, Glenn W. Merrick; regarding [14-1] second amended complaint: moving dfts excused from any obligation to respond to the current copmlaint and have until 12/22/03 to file their answers or other respones to the Second Amended Complaint (cc: all counsel) ; entry date : 11/10/03 (former empl)
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| 19 |
Filed: 11/20/2003, Entered: 11/21/2003 |
Order |
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ORDER by Judge Marcia S. Krieger granting motion to substitute attorney [9-1] and substituting attorney John Mc Dermott, and Melissa Garvey (cc: all counsel) ; entry date : 11/21/03 (erv)
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| 20 |
Filed: 11/25/2003, Entered: 11/25/2003 |
Order |
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ORDER by Judge Marcia S. Krieger Case reassigned to Judge Phillip S. Figa (cc: all counsel) ; entry date : 11/25/03 (gms)
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| 21 |
Filed: 11/25/2003, Entered: 11/26/2003 |
Rule 16 Conference |
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ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Patricia A. Coan ; Rule 16 conference set for 9:00 12/29/03 (cc: counsel) (erv)
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| 22 |
Filed: 11/25/2003, Entered: 11/28/2003 |
Notice of Entry of Appearance |
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ATTORNEY APPEARANCE for defendant James Rogers, defendant J.J.B. Hilliard by William Dennis Nelson, Craig Richard Welling (erv)
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| 23 |
Filed: 12/9/2003, Entered: 12/9/2003, Terminated: 12/12/2003 |
Motion for Leave to File Excess Pages |
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Stipulation and Joint MOTION by Dfts' WebAccess Intl Inc, L. Shawn Breskow, James W. Stuckert, James Rogers, Blair Whitaker, Archibald J. Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, Steven E. Anderson, J.J.B. Hilliard to exceed limitation :re: Brief in support of forthcoming Motion to Dismiss (erv)
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| 24 |
Filed: 12/12/2003, Entered: 12/15/2003 |
Order |
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ORDER by Judge Phillip S. Figa denying stipulation and jt motion to exceed limitation re: briefs in support of forthcoming motions to dismiss [23-1] (cc: all counsel) ; entry date : 12/15/03 (lam)
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| 25 |
Filed: 12/22/2003, Entered: 12/23/2003 |
Motion to Amend/Correct/Modify |
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Stipulation and Joint MOTION by plaintiffs;, defendants' to amend Second Amended complaint [14-1] , and to extend time to Answer Complaint extended to: 2/11/04 , and to continue the Scheduling/Planning Conf set for 12/29/03 (erv)
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| 26 |
Filed: 12/24/2003, Entered: 12/26/2003 |
Order |
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MINUTE ORDER : by Magistrate Judge Patricia A. Coan purs to req by csl that the Scheduling/Planning Conf set for 12/29/03 [25-3] is vacated and rule 16 conference is reset for 8:00 2/17/04 (cc: all counsel) ; entry date : 12/26/03 (lam)
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| 27 |
Filed: 12/30/2003, Entered: 12/31/2003 |
Order |
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MINUTE ORDER : by Magistrate Judge Patricia A. Coan that the stipulation and jt motion for amd to verified second amd complaint, for ext of time to respond to third amd cmp and to postpone scheduling/planning conf is granted as follows [14-1], [25-1], [25-2]: pla will file their third amd cmp 1/12/03, dfts' answer or other response to the third amd cmp is due 2/11/04 and rule 16 conference reset for 8:00 2/17/04 (cc: all counsel) ; entry date : 12/31/03 (lam)
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| 28 |
Filed: 1/12/2004, Entered: 1/13/2004 |
Amended Complaint |
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Verified Third AMENDED COMPLAINT [14-1] by plaintiffs; jury demand (dlb)
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| 29 |
Filed: 1/15/2004, Entered: 1/16/2004 |
Notice of Entry of Appearance |
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ATTORNEY APPEARANCE for J.J.B. Hilliard, James Rogers, Steven E. Anderson by Frances Floriano Goins (dlb)
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| 30 |
Filed: 2/11/2004, Entered: 2/12/2004 |
Motion to Dismiss |
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MOTION by defendants' to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 (erv)
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| 31 |
Filed: 2/11/2004, Entered: 2/12/2004 |
Trial Exhibit |
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EXHIBITS by plaintiff Bruce Tallmadge, defendant WebAccess Intl Inc, defendant Blair Whitaker, defendant J. Roger Moody, defendant L. Shawn Breskow, defendant James W. Stuckert, defendant Archibald J. McGill, defendant Wiley E. Prentice Jr., defendant Steven A. Spesard, defendant Steven A. Lyga, defendant Carol L. Leveque, defendant Daniel W. Boyd, defendant James Rogers, defendant J.J.B. Hilliard, defendant Steven E. Anderson to motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Private Securities Litigation Reform Act of 1995 [30-1](Placed in oversized exhibits) (erv)
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| 32 |
Filed: 2/11/2004, Entered: 2/12/2004 |
Brief in Support of Motion |
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BRIEF by Dfts' in support of motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 [30-1] (erv)
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| 33 |
Filed: 2/17/2004, Entered: 2/19/2004 |
Scheduling Order |
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SCHEDULING ORDER by Magistrate Judge Patricia A. Coan: conf held 2/17/04; disc stayed pending ruling on mtns to dismiss, parties to submit a disc control plan w/in 30 days after the court rules on the mtns to dismiss, including a dispo mtn ddl; settlement conf to be set at the req of csl; ptc to be set after ruling on dfts' mtns to dismiss (cc: all counsel) (lam)
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| 34 |
Filed: 2/17/2004, Entered: 2/19/2004 |
Minutes - Miscellaneous |
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COURTROOM MINUTES by Magistrate Judge Patricia A. Coan ; rule 16 conf held on 2/17/04 ; purs to PSLRA discovery is stayed pending a ruling on the mtns to dismiss ; entry date : 2/19/04 Court Reporter: FTR (lam)
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| 35 |
Filed: 2/27/2004, Entered: 3/1/2004 |
Joinder |
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JOINDER by defendant J. Roger Moody in Moving Dfts' motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 [30-1] (erv)
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| 36 |
Filed: 2/27/2004, Entered: 3/1/2004 |
Notice (Other) |
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NOTICE of Correction by moving defendants' re: brief in support of moving Dfts' Motion to Dismiss [32-1], re: motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Private Securities Litigation Reform Act of 1995 [30-1] (erv)
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| 37 |
Filed: 3/5/2004, Entered: 3/9/2004, Terminated: 3/9/2004 |
Motion for Extension of Time |
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MOTION by plaintiff for enlargement of time for response to dfts' motion to dismiss to and including 04/02/04 (bpm)
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| 38 |
Filed: 3/9/2004, Entered: 3/10/2004 |
Order |
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ORDER by Judge Phillip S. Figa granting motion for enlargement of time for response to dfts' motion to dismiss to and including 04/02/04 [37-1], regarding [30-1] motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 (cc: all counsel) ; entry date : 3/10/04 (dlb)
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| 39 |
Filed: 3/29/2004, Entered: 3/30/2004, Terminated: 3/30/2004 |
Motion for Extension of Time |
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Unopposed MOTION by plaintiffs to extend time to 3/31/04 to resp to dfts' mtn to dismiss (dlb)
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| 40 |
Filed: 3/30/2004, Entered: 3/31/2004 |
Order |
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ORDER by Judge Phillip S. Figa granting motion to extend time to 3/31/04 to resp to dfts' mtn to dismiss [39-1], regarding [30-1] motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 (cc: all counsel) ; entry date : 3/31/04 (dlb)
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| 41 |
Filed: 3/31/2004, Entered: 4/1/2004 |
Response to Motion |
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RESPONSE by plaintiffs' to motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 [30-1] (erv)
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| 42 |
Filed: 4/6/2004, Entered: 4/7/2004, Terminated: 4/9/2004 |
Motion for Extension of Time |
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Unopposed MOTION by defendants to extend the deadline for filing Reply to and incl 5/3/04 (erv)
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| 43 |
Filed: 4/9/2004, Entered: 4/12/2004 |
Order |
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ORDER by Judge Phillip S. Figa granting motion to extend the deadline for filing Reply to and incl 5/3/04 [42-1] regarding [30-1] motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 (cc: all counsel) ; entry date : 4/12/04 (dlb)
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| 44 |
Filed: 4/19/2004, Entered: 4/20/2004 |
Notice (Other) |
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NOTICE by defendant L. Shawn Breskow, defendant James W. Stuckert, defendant Blair Whitaker, defendant J. Roger Moody, defendant Archibald J. McGill, defendant Steven A. Spesard, defendant Steven A. Lyga, defendant Carol L. Leveque, defendant Daniel W. Boyd of filing certificate of service (erv)
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| 45 |
Filed: 4/29/2004, Entered: 4/29/2004, Terminated: 4/30/2004 |
Motion for Leave to File Excess Pages |
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MOTION by "Moving Dfts" L. Shawn Breskow, James W. Stuckert, Blair Whitaker, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, James Rogers, Daniel W. Boyd to exceed page limitation :re: dft's reply brief (dlb)
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| 46 |
Filed: 4/30/2004, Entered: 5/3/2004 |
Order |
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ORDER by Judge Phillip S. Figa granting motion to exceed page limitation :re: dft's reply brief [45-1], regarding [30-1] motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 (cc: all counsel) ; entry date : 5/3/04 (dlb)
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| 47 |
Filed: 5/3/2004, Entered: 5/4/2004 |
Reply to Response to Motion |
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REPLY Memorandum in Support by "Moving defendants to response to "Moving Dfts" motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 [30-1] (dlb)
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| 48 |
Filed: 5/3/2004, Entered: 5/4/2004 |
Trial Exhibit |
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EXHIBITS by "Moving Defendants" J.J.B. Hilliard, W.L. Lyons, Inc., Steven E. Anderson, James Rogers to motion reply [47-1], to motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 [30-1] (dlb)
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| 49 |
Filed: 5/25/2004, Entered: 5/26/2004 |
Notice (Other) |
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NOTICE of Correction by "Moving Dfts" to motion to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 [30-1] (dlb)
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| 50 |
Filed: 2/15/2005, Entered: 2/17/2005 |
Order |
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ORDER that the Court will hear argument on Defendants' [30] Motion to Dismiss Plaintiffs' Third Amended Complaint 3/11/2005 09:00 AM in Courtroom A 602 before Judge Phillip S. Figa.. Signed by Judge Phillip S. Figa on 2/15/05. (lam, )
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| 51 |
Filed: 3/1/2005, Entered: 3/3/2005 |
Order |
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ORDER re: [30] Motion to Dismiss, Motion Hearing is reset for 3/14/2005 10:00 AM in Courtroom A 602 before Judge Phillip S. Figa. Signed by Judge Phillip S. Figa on 2/28/05. (pap, )
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| -- |
Filed: 3/14/2005, Entered: 3/16/2005 |
Order on Motion to Dismiss |
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ORDER [30] MOTION by defendants' to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 is GRANTED IN PART AND DENIED IN PART. The motion is granted as to Claims 1,4 and 5. Those claims are DISMISSED. The motion is denied as to claims 2,3,5,7 and 8. Those claims remain in the case pursuant to the courtroom minutes dated 3/14/05, #52 by Judge Phillip S. Figa on 3/14/05. (dlb, )
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| 52 |
Filed: 3/14/2005, Entered: 3/16/2005 |
Motion Hearing |
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Minute Entry for proceedings held before Judge Phillip S. Figa : Motion Hearing held on 3/14/2005 re [30] MOTION by defendants' to dismiss Plas' Third Amd Cmp under Rules 9(B),12(B)(6), 23.1 and the Privare Securities Litigation Reform Act of 1995 is GRANTED IN PART AND DENIED IN PART. The motion is granted as to Claims 1,4 and 5. Those claims are DISMISSED. The motion is denied as to claims 2,3,6,7 and 8. Those claims remain in the case. (Court Reporter Darlene Martinez.) (dlb, ) (Text Modified on 3/21/2005 to correct the claims that are dismissed)(gms, )
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| 54 |
Filed: 3/14/2005, Entered: 3/18/2005 |
Motion Hearing |
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AMENDED Minute Entry for proceedings held before Judge Phillip S. Figa : Motion Hearing held on 3/14/2005, Granting in Part and Denying in Part [30] Dfts' Motion to Dismiss. (Court Reporter Darlene Martinez.) (pap, )
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| 53 |
Filed: 3/15/2005, Entered: 3/17/2005 |
Order Lifting Stay |
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ORDER LIFTING DISCOVERY STAY and setting Status/Scheduling Conference set for 3/24/2005 11:00 AM in Courtroom A 501 before Magistrate Judge Patricia A. Coan. Signed by Magistrate Judge Patricia A. Coan on 3/15/05. (dlb, )
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| 56 |
Filed: 3/24/2005, Entered: 3/29/2005 |
Scheduling Conference |
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Minute Entry for proceedings held before Judge Patricia A. Coan : Scheduling Conference held on 3/24/2005; Discovery due by 7/8/2005. Dispositive Motions due by 7/15/2005. Final Pretrial Conference set for 8/12/2005 10:30 AM in Courtroom A 501 before Magistrate Judge Patricia A. Coan. Plas shall file the motion for class certification by 3/31/05. Dfts shall respond within 20 days and plas may file a reply within 10 days thereafter.(Court Reporter FTR PAC Courtroom A-501.) (pap, )
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| 55 |
Filed: 3/25/2005, Entered: 3/29/2005 |
Transcript |
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TRANSCRIPT of Motions Hearing held on 3/14/05 before Judge Figa. Prepared by: Darlene Martinez. Pages: 1-28. (certified copy) (gms2, )
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| 57 |
Filed: 3/28/2005, Entered: 3/30/2005 |
Answer to Amended Complaint |
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Original ANSWER to Verified Third Amended Complaint by alleged director and officer dfts J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, Blair Whitaker.(gms, )
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| 58 |
Filed: 3/28/2005, Entered: 3/30/2005 |
Answer to Amended Complaint |
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ANSWER to Verified Third Amended Complaint by WebAccess International, Inc.(gms, )
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| 59 |
Filed: 3/28/2005, Entered: 3/30/2005 |
Answer to Amended Complaint |
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ANSWER to Third Amended Complaint by James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc..(erv, )
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| 61 |
Filed: 3/31/2005, Entered: 4/4/2005 |
Brief in Support of Motion |
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BRIEF in Support of [60] MOTION for Class Certification filed by Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (gms, )
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| 60 |
Filed: 4/1/2005, Entered: 4/4/2005, Terminated: 10/19/2005 |
Motion to Certify Class |
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MOTION for Class Certification by Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (gms, )
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| 62 |
Filed: 4/1/2005, Entered: 4/5/2005, Terminated: 6/2/2005 |
Motion for Leave |
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MOTION for Leave to file motion for class certification at 5:32 pm on 3/31/05 by telecopier by Plaintiffs. (dlb, )
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| 63 |
Filed: 4/1/2005, Entered: 4/5/2005, Terminated: 4/12/2005 |
Motion for Leave |
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MOTION for Leave to file affidavits as received by Plaintiffs (attached as exhibits)(dlb, )
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| 64 |
Filed: 4/4/2005, Entered: 4/6/2005 |
Order |
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ORDER to Correct Caption. Counsel are Ordered to use civil action number 03-F-1521 (PAC). Signed by Judge Phillip S. Figa on 4/4/05. (pap, )
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| 65 |
Filed: 4/4/2005, Entered: 4/6/2005 |
Memorandum |
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MEMORANDUM referring to Magistrate Judge Coan : [62] MOTION for Leave filed by Plaintiffs, by Judge Phillip S. Figa on 4/4/05. (pap, )
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| 66 |
Filed: 4/4/2005, Entered: 4/6/2005 |
Memorandum |
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MEMORANDUM referring to Magistrate Judge Coan : [63] MOTION for Leave filed by Plaintiffs, by Judge Phillip S. Figa on 4/4/05. (pap, )
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| 67 |
Filed: 4/5/2005, Entered: 4/7/2005 |
Supplement/Amendment |
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Pla's SUPPLEMENT to [61] BRIEF in Support of [60] MOTION for Class Certification filed by Plaintiffs (dlb, )
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| 68 |
Filed: 4/6/2005, Entered: 4/7/2005 |
Motion to Compel |
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MOTION to Compel deposition relating to class certification issues and MOTION to Expedite consideration by Defendant J. Roger Moody. (dlb, )
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| 69 |
Filed: 4/7/2005, Entered: 4/8/2005 |
Response to Motion |
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RESPONSE to Motion re [68] defendant J. Roger Moody's MOTION to Compel MOTION to Expedite filed by Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (bpm, )
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| 70 |
Filed: 4/7/2005, Entered: 4/8/2005 |
Exhibits |
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Exhibits to [68] MOTION to Compel and MOTION to Expedite by Defendant J. Roger Moody. (pap, )
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| 71 |
Filed: 4/7/2005, Entered: 4/8/2005 |
Motion Hearing |
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Minute Entry for proceedings held before Judge Phillip S. Figa : Motion Hearing held on 4/7/2005. Denying as Moot [68] MOTION to Compel and MOTION to Expedite filed by J. Roger Moody. Dfts' response is due on or before 4/25/05 to [60] Plas' MOTION to Certify Class. (Court Reporter Darlene Martinez.) (pap, )
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| 72 |
Filed: 4/12/2005, Entered: 4/13/2005 |
Order on Motion for Leave |
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ORDER granting [63]Plas' Motion for Leave to file Affidavits as received. Signed by Magistrate Judge Patricia A. Coan on 4/12/05. (erv, )
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| 73 |
Filed: 4/12/2005, Entered: 4/13/2005 |
Scheduling Order |
 |
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Amended SCHEDULING ORDER: Discovery due by 7/8/2005. Dispositive Motions due by 7/15/2005. Final Pretrial Conference set for 8/12/2005 10:30 AM in Courtroom A 501 before Magistrate Judge Patricia A. Coan.. Signed by Magistrate Judge Patricia A. Coan on 4/12/05. (erv, )
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| 74 |
Filed: 4/25/2005, Entered: 4/26/2005 |
Brief in Opposition to Motion |
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Memorandum of Law (BRIEF) in Opposition to Plaintiffs' [60] MOTION to Certify Class filed by Defendants.(lam, )
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| 75 |
Filed: 4/25/2005, Entered: 4/26/2005 |
Exhibits |
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Exhibits in support of [74] Memorandum of Law in Opposition to [60] MOTION to Certify Class by Defendants. (Placed in Exhibit Area)(lam, )
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| 76 |
Filed: 5/2/2005, Entered: 5/4/2005 |
Stipulation |
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STIPULATED Deposition Schedule re [73] Amended Scheduling Order, [33] Scheduling Order by Plaintiff and Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc., Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge, WebAccess International, Inc., Blair Whitaker. (lam, )
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| 77 |
Filed: 5/13/2005, Entered: 5/16/2005 |
Brief in Support of Motion |
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Reply BRIEF in Support re [60] MOTION to Certify Class filed by Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (bpm, )
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| 78 |
Filed: 5/19/2005, Entered: 5/20/2005 |
Notice of Entry of Appearance |
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ENTRY of Appearance by Roger Cisneros on behalf of Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge (pap, )
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| -- |
Filed: 5/27/2005, Entered: 5/31/2005 |
Tendered Document |
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TENDERED Sur-Reply in Opposition to Plaintiffs' [60] MOTION for Class Certification by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc., WebAccess International, Inc., Blair Whitaker. (lam, )
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| 79 |
Filed: 5/27/2005, Entered: 5/31/2005, Terminated: 9/2/2005 |
Motion for Extension of Time |
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MOTION to Stay Discovery and MOTION to Extend Deadlines for Designating Expert Witnesses and for Expedited Consideration by Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (lam, )
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| 82 |
Filed: 5/27/2005, Entered: 6/1/2005, Terminated: 10/12/2005 |
Motion for Leave |
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MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Class Certification and Certificate of Compliance with Local Rule 7.1A by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc., WebAccess International, Inc., Blair Whitaker. (lam, )
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| 80 |
Filed: 5/31/2005, Entered: 6/1/2005 |
Response to Motion |
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RESPONSE in opposition to [79] MOTION to Stay Discovery and MOTION to Extend Deadlines for Designating Expert Witnesses and for Expedited Consideration by Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge by defendants except Wiley E. Prentice. (dlb, )
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| 81 |
Filed: 5/31/2005, Entered: 6/1/2005 |
Motion for Protective Order |
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MOTION for Protective Order and certificate of compliance with Local Rule 7.1A by Defendant Archibald J. McGill. (dlb, )
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| 83 |
Filed: 5/31/2005, Entered: 6/2/2005 |
Memorandum |
 |
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MEMORANDUM referring to Magistrate Judge Coan : [79] MOTION For Extension of Time to MOTION to Stay filed by Gary McDonald, Leonard Stephens, Edward Buhlman, Jim Noffsinger,Bruce Tallmadge, by Judge Phillip S. Figa on 5/31/05. (pap, )
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| 84 |
Filed: 6/1/2005, Entered: 6/2/2005 |
Memorandum |
 |
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MEMORANDUM referring to Magistrate Judge Coan : [81] MOTION for Protective Order filed by Archibald J. McGill by Judge Phillip S. Figa on 6/1/05. (lam, )
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| 85 |
Filed: 6/2/2005, Entered: 6/6/2005 |
Certificate of Mailing/Service |
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CERTIFICATE ofService re [82] Defendants' MOTION for Leave to Sur-Reply in Opposition to Plaintiffs' Motion for Class Certification and Certificate of Compliance, Tendered Document - Sur-Reply, Exhibits is Support by Defendants L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, Blair Whitaker. (lam, )
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| 86 |
Filed: 6/2/2005, Entered: 6/6/2005 |
Motion for Extension of Time |
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Stipulation and Joint MOTION For Extension of Time of Deadlines by Plaintiffs and Defendants. (lam, )
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| 88 |
Filed: 6/2/2005, Entered: 6/7/2005 |
Motion Hearing |
 |
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Minute Entry /Minute Order for proceedings held before Judge Patricia A. Coan : Parties have reached a Stipulation as to Pending Motions, hearing held on 6/2/2005; Plaintiff's [62] Motion for Leave is granted; Plaintiff's [79]Motion for Extension of Time for Designating Expert Witnesses and for Expedited Consideration is denied as moot; Defendant's [81]Motion for Protective Order is denied as moot;[86]The Stipulation as to the Joint Motion for Extensions and Deadlines is granted; Discovery extended to 8/8/2005; Dispositive Motions extended to 8/15/2005; Final Pretrial Conference reset for 9/16/2005 08:30 AM before Magistrate Judge Patricia A. Coan. (Court Reporter - FTR)(com) (lam, ) (Modified text on 6/7/2005 to add com)(lam, ).
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| 87 |
Filed: 6/3/2005, Entered: 6/7/2005 |
Memorandum |
 |
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MEMORANDUM referring to Magistrate Judge Coan : [86] Stipulation and Joint MOTION For Extension of Deadlines by Judge Phillip S. Figa on 6/3/05. (lam, )
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| 89 |
Filed: 6/7/2005, Entered: 6/9/2005, Terminated: 6/15/2005 |
Notice (Other) |
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NOTICE of Withdrawal of [81] MOTION for Protective Order and Certificate of Compliance by Defendant Archibald J. McGill. (lam, )
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| 90 |
Filed: 6/10/2005, Entered: 6/13/2005 |
Motion for Hearing/Conference |
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MOTION for Oral Argument/Hearing re [60] MOTION for Class Certification by Plaintiffs filed by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc., WebAccess International, Inc., Blair Whitaker. (dlb, )
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| -- |
Filed: 6/13/2005, Entered: 6/14/2005 |
Tendered Document |
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TENDERED Verified Intervenor Complaint to [92] MOTION to Intervene by Dane Kirpatrick, Intervenor Plaintiff. (dlb, )
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| 91 |
Filed: 6/13/2005, Entered: 6/14/2005, Terminated: 6/16/2005 |
Motion for Order |
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MOTION for Order to adopt Stipulated Confidentiality Agreement by Defendant J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."). (dlb, )
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| 92 |
Filed: 6/13/2005, Entered: 6/14/2005 |
Motion to Intervene |
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Unexecuted MOTION to Intervene by Dane Kirpatrick, Intervenor Plaintiff.. (dlb, )
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| 93 |
Filed: 6/13/2005, Entered: 6/14/2005 |
Brief in Support of Motion |
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BRIEF in Support re [92] MOTION to Intervene by Dane Kirpatrick, Intervenor Plaintiff. (dlb, )
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| 94 |
Filed: 6/13/2005, Entered: 6/14/2005 |
Certificate of Compliance |
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D.C.Colo.L.Civ.R. 7.1 Certification (CERTIFICATE OF COMPLIANCE) re [92] MOTION to Intervene by Dane Kirpatrick, Intervenor Plaintiff. (dlb, )
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| 95 |
Filed: 6/14/2005, Entered: 6/16/2005 |
Memorandum |
 |
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MEMORANDUM referring to Magistrate Judge Coan : [91] Unopposed MOTION for Order to Adopt Stipulated Confidentiality Agreement, by Judge Phillip S. Figa on 6/14/05. (erv, )
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| 99 |
Filed: 6/14/2005, Entered: 6/17/2005 |
Discovery Hearing |
 |
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Minute Entry for proceedings held before Magistrate Judge Patricia A. Coan : Discovery Hearing held on 6/14/2005, Set Continued Hearings: Discovery Hearing set for 6/15/2005 at 01:00 PM in Courtroom A 501 before Magistrate Judge Patricia A. Coan. (Court Reporter FTR.) (erv, )
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| 96 |
Filed: 6/15/2005, Entered: 6/16/2005 |
Brief |
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Discovery Hearing BRIEF by Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (lam, )
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| 97 |
Filed: 6/15/2005, Entered: 6/16/2005 |
Notice (Other) |
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NOTICE of signed signature page by Daniel Schendzielos and John F. Bloss to [92] MOTION to Intervene of Dane Kirkpatrick.(lam, )
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| 100 |
Filed: 6/15/2005, Entered: 6/17/2005 |
Motion Hearing |
 |
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Minute Entry for proceedings held before Judge Patricia A. Coan : Motion Hearing held on 6/15/2005; Plaintiffs' Oral Motion for Protective Order is denied; Notice of Withdrawal of Defendant McGill's Motion for Protective Order and Certificate of Compliance is granted [89]. Defendant McGill's [81] MOTION for Protective Order and Certificate of Compliance is denied as moot. (Court Reporter - FTR) (lam2, )
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| 101 |
Filed: 6/15/2005, Entered: 6/17/2005 |
Order on Motion for Protective Order |
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Pursuant to Motion Hearing Minutes [100] the following Motion was denied as Moot by Magistrate Judge Coan on 6/15/05: Defendant McGill's [81] Motion for Protective Order. (lam2, )
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| 98 |
Filed: 6/16/2005, Entered: 6/17/2005 |
Order on Motion for Order |
 |
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MINUTE ORDER granting Defendants J.J.B. Hilliard, W.L. Lyons, Inc., Steven E. Anderson and James Rogers Unopposed [91] Motion for Order to Adopt Stipulated Confidentiality Agreement. The Attached Stipulated Confidentiality Agreement is made an Order of this Court by Magistrate Judge Patricia A. Coan on 6/15/05. (lam, )
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102 |
Filed: 6/22/2005, Entered: 6/22/2005 |
Brief in Opposition to Motion |
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BRIEF in Opposition re [92] MOTION to Intervene filed by Defendant WebAccess International, Inc.. (Attachments: # (1) Exhibit Exhibits A-C# (2) Exhibit Exhibits D-F)(Stokes, Peter)
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103 |
Filed: 7/11/2005, Entered: 7/11/2005 |
Reply to Response to Motion |
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REPLY to Response to Motion re [92] MOTION to Intervene filed by Plaintiff Leonard Stephens. (Schendzielos, Daniel)
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104 |
Filed: 7/18/2005, Entered: 7/20/2005 |
Motion to Dismiss |
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MOTION to Dismiss Pursuant to F.R.C.P 4(M) And 12(B)(5) by Defendant Wiley E. Prentice, Jr. (Attachments: # (1) Exhibit A# (2) Exhibit B)(emksl, )
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105 |
Filed: 7/26/2005, Entered: 7/26/2005 |
Stipulation for Extension of Time |
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STIPULATION for Extension of Time by Defendant WebAccess International, Inc.. (Stokes, Peter)
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106 |
Filed: 7/27/2005, Entered: 7/27/2005, Terminated: 7/27/2005 |
Motion to Withdraw as Attorney |
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MOTION to Withdraw as Attorney by Lee Katherine Goldstein by Defendant WebAccess International, Inc.. (Attachments: # (1))(Goldstein, Lee)
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107 |
Filed: 7/27/2005, Entered: 7/27/2005 |
Order on Motion to Withdraw as Attorney |
 |
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ORDER granting [106] Motion to Approve Withdrawal of Counsel. Attorney Lee Katherine Goldstein terminated as counsel for defendant Webaccess International, Inc. effective 7/30/05. Signed by Judge Phillip S. Figa on 7/27/05. (gms, )
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108 |
Filed: 7/28/2005, Entered: 7/28/2005, Terminated: 8/3/2005 |
Motion for Extension of Time |
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Joint MOTION For Extension of Time to Serve Expert Reports, Take Depositions, and File Motions for Summary Judgment by Defendant WebAccess International, Inc.. (Attachments: # (1))(Stokes, Peter)
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| 109 |
Filed: 7/28/2005, Entered: 7/29/2005 |
Memorandum |
 |
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MEMORANDUM referring to Magistrate Judge Coan [108] Joint MOTION For Extension of Time to Serve Expert Reports, Take Depositions, and File Motions for Summary Judgment filed by WebAccess International, Inc., by Judge Phillip S. Figa on 7/28/05. (Text Only Entry - No Document Attached) (emksl, )
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110 |
Filed: 8/3/2005, Entered: 8/4/2005 |
Order on Motion for Extension of Time |
 |
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ORDER granting the Parties' [108] Stipulation and Joint Motion for Extension of Deadlines: Defendant's have through and including 8/29/05 to serve disclosures and 9/5/05 for Plaintiffs' rebuttal reports. Parties have until 9/8/05 to complete with depositions of William Hart, Marie Nelson, etc. Parties may file Summary Judgment motions through and including 9/15/05. Pretrial Conference is reset to 10/17/05 at 8:30 am. Proposed Final Pretrail Order due 10/10/05. Signed by Magistrate Judge Patricia A. Coan on 8/3/05. (emksl, )
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111 |
Filed: 8/8/2005, Entered: 8/8/2005 |
Response to Motion |
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RESPONSE to Motion re [104] MOTION to Dismiss filed by Plaintiffs Leonard Stephens, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Attachments: # (1) Exhibit Affidavit Daniel Schendzielos# (2) Exhibit Affidavit Janice Tanquary# (3) Exhibit WebAccess Individual Defendants' Objections and Responses to Plaintiffs' First and Second Sets of Interrogatories# (4) Exhibit Defendant J.J.B. Hilliard, W.L. Lyons, Inc. Responses and Objectinos to Plantiffs' First Interrogatories# (5) Exhibit Defendant Steven E. Anderson's Responses and Objections to Plaintiffs' First Interrogatories# (6) Exhibit Affidavit Daril Cinquanta# (7) Exhibit Deposition Steven Spesard# (8) Exhibit Deposition J. Roger Moody)(Schendzielos, Daniel)
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112 |
Filed: 8/9/2005, Entered: 8/9/2005 |
Response to Motion |
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RESPONSE to Motion re [104] MOTION to Dismiss Amended Certificate of Service filed by Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Schendzielos, Daniel)
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113 |
Filed: 8/15/2005, Entered: 8/15/2005, Terminated: 10/19/2005 |
Motion to Lift Stay |
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MOTION to Lift Stay by Intervenor Plaintiff Dane Kirkpatrick, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Attachments: # (1) Exhibit B# (2) Exhibit A# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(Schendzielos, Daniel)
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114 |
Filed: 8/22/2005, Entered: 8/22/2005 |
Reply to Response to Motion |
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REPLY to Response to Motion re [104] MOTION to Dismiss filed by Defendant Wiley E. Prentice, Jr. (Attachments: # (1) Affidavit Wiley Prentice# (2) Affidavit Peter Lucas# (3) Exhibit Unpublished Decisions)(Lucas, Peter)
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115 |
Filed: 8/23/2005, Entered: 8/23/2005 |
Reply to Response to Motion |
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REPLY to Response to Motion re [104] MOTION to Dismiss filed by Defendant WebAccess International, Inc.. (Attachments: # (1) Exhibit Exhibit A# (2) Exhibit Exhibit B# (3) # (4) Exhibit Exhibit D# (5) Exhibit Exhibit E)(Stokes, Peter)
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116 |
Filed: 9/2/2005, Entered: 9/2/2005 |
Order on Motion for Extension of Time |
 |
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Minute ORDER denying as moot [79] Motion to Stay Discovery pursuant to Minutes of 6/2/05, by Magistrate Judge Patricia A. Coan on 9/2/05. (emksl, )
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117 |
Filed: 9/6/2005, Entered: 9/6/2005 |
Response to Motion |
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RESPONSE to Motion re [113] MOTION to Lift Stay filed by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc., WebAccess International, Inc., Blair Whitaker. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Stokes, Peter)
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118 |
Filed: 9/6/2005, Entered: 9/6/2005 |
Response to Motion |
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RESPONSE to Motion re [113] MOTION to Lift Stay filed by Defendant Wiley E. Prentice, Jr. (Lucas, Peter)
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119 |
Filed: 9/8/2005, Entered: 9/8/2005, Terminated: 10/12/2005 |
Motion for Leave |
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Unopposed MOTION for Leave to File Sur-Reply by Intervenor Plaintiff Dane Kirkpatrick, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Attachments: # (1) # (2) # (3))(Schendzielos, Daniel)
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120 |
Filed: 9/20/2005, Entered: 9/20/2005, Terminated: 10/12/2005 |
Motion for Hearing/Conference |
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MOTION for Hearing/Conference re [60] MOTION to Certify Class, [113] MOTION to Lift Stay, [92] MOTION to Intervene, [104] MOTION to Dismiss by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Wiley E. Prentice, Jr, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc., WebAccess International, Inc., Blair Whitaker. (Attachments: # (1) Proposed Order (PDF Only))(Fisher, Christopher)
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121 |
Filed: 9/29/2005, Entered: 9/29/2005 |
Response to Motion |
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RESPONSE to Motion re [120] MOTION for Hearing/Conference re [60] MOTION to Certify Class, [113] MOTION to Lift Stay, [92] MOTION to Intervene, [104] MOTION to Dismiss filed by Intervenor Plaintiff Dane Kirkpatrick, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Schendzielos, Daniel)
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122 |
Filed: 10/12/2005, Entered: 10/12/2005 |
Order on Motion for Leave |
 |
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ORDER granting [82] Motion for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Class Certification, denying Defendant's [90] Motion for Oral Argument on Motion for Class Certification, granting the [119] Unopposed Motion for Leave to File Sur-reply by Plaintiffs, and granting in part [120] Defendant's Motion to Set Agenda for Pretrial Conference. A hearing on the following pending motions is set for October 19, 2005 at 3:00 p.m.:Plaintiffs' Motion for Class Certification [60]; Proposed Intervenor Dane Kirkpatrick's Motion to Intervene [92]; Defendant Wiley E. Prentice, Jr.'s Motion to Dismiss [104]; and Plaintiffs' Motion to Lift Stay [113] . Signed by Judge Phillip S. Figa on 10/12/05. (emksl, )
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123 |
Filed: 10/12/2005, Entered: 10/13/2005 |
Surreply |
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SURREPLY re [104] MOTION to Dismiss filed by Plaintiffs Leonard Stephens, Edward Buhlman, Bruce Tallmadge, pursuant to Order of 10/12/05. (Attachments: # (1) Exhibit 1# (2) Exhibit 2)(emksl, )
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124 |
Filed: 10/12/2005, Entered: 10/13/2005 |
Order |
 |
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MINUTE ORDER: the final pretrial conference set for October 17, 2005is vacated to be reset upon further Order of the Court, by Magistrate Judge Patricia A. Coan on 10/12/05. (emksl, )
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125 |
Filed: 10/12/2005, Entered: 10/13/2005 |
Surreply |
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SURREPLY re [60] MOTION to Certify Class filed by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc., WebAccess International, Inc., Blair Whitaker, pursuant to Order of 10/12/05. (emksl, )
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127 |
Filed: 10/19/2005, Entered: 10/20/2005 |
Motion Hearing |
 |
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Minute Entry for proceedings held before Judge Phillip S. Figa : Motion Hearing held on 10/19/2005: Plaintiffs' Motion to Certify Class [60] is denied.Proposed Intervenor Dane Kirkpatrick's Motion to Intervene [92] isdenied. Defendant Wiley E. Prentice's Motion to Dismiss Pursuant to F.R.C.P.4(M) and 12(B)(5) [104] is denied. Plaintiffs' Motion to Lift Statutory Stay [113] is denied as moot.(Court Reporter Darlene Martinez.) (emksl, )
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| 128 |
Filed: 10/19/2005, Entered: 10/20/2005 |
Order on Motion to Certify Class |
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ORDER denying [60] Motion to Certify Class, denying [92] Motion to Intervene, denying [104] Motion to Dismiss, denying as moot [113] Motion to Lift Stay pursuant to Minute Entry of 10/19/05. Text Only Entry- No Document Attached. (emksl, )
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126 |
Filed: 10/20/2005, Entered: 10/20/2005 |
Order |
 |
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MINUTE ORDER: Scheduling Conference set for 11/1/2005 11:00 AM in Courtroom A 501 before Magistrate Judge Patricia A. Coan. The stay resulting from the filing of defendant Prentice's motion to dismiss is lifted, by Magistrate Judge Patricia A. Coan on 10/20/05. (emksl, )
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129 |
Filed: 10/24/2005, Entered: 10/24/2005, Terminated: 11/1/2005 |
Motion for Leave |
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Unopposed MOTION for Leave to Attend Pretrial Conference by Telephone by Defendants James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson. (Attachments: # (1) Proposed Order (PDF Only))(Fisher, Christopher)
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| 133 |
Filed: 10/24/2005, Entered: 10/25/2005 |
Memorandum |
 |
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MEMORANDUM referring to Magistrate Judge Coan : [129] Unopposed MOTION for Leave to Attend Pretrial Conference by Telephone filed by James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, by Judge Phillip S. Figa on 10/24/05. (Text Only Entry - No Document Attached)(emksl, )
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130 |
Filed: 10/25/2005, Entered: 10/25/2005, Terminated: 11/17/2005 |
Motion to Compel |
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MOTION to Compel to Compel Arbitration and to Stay Proceedings by Defendants James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson. (Attachments: # (1) Memorandum in Support of Motion to Compel Arbitration and Stay Proceedings# (2) Exhibit Exhibit A - Stephens Arbitration Agreement# (3) Exhibit Exhibit B - Buhlman Arbitration Agreements# (4) Exhibit Exhibit C - Noffsinger Arbitration Agreements# (5) Exhibit D (Part 1) - McDonald Arbitration Agreements# (6) Exhibit Exhibit D (Part 2) - McDonald Arbitration Agreements# (7) Exhibit Exhibit D (Part 3) - McDonald Arbitration Agreements# (8) Exhibit Exhibit E (Part 1) - Tallmadge Arbitration Agreements# (9) Exhibit Exhibit E (Part 2) - Tallmadge Arbitration Agreements# (10) Proposed Order (PDF Only))(Fisher, Christopher)
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131 |
Filed: 10/25/2005, Entered: 10/25/2005, Terminated: 10/28/2005 |
Motion for Leave |
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MOTION for Leave to Appear by Telephone by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, Blair Whitaker. (Attachments: # (1) Proposed Order (PDF Only))(Stokes, Peter)
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| 132 |
Filed: 10/25/2005, Entered: 10/25/2005 |
Memorandum |
 |
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MEMORANDUM referring to Magistrate Judge Coan : [131] MOTION for Leave to Appear by Telephone filed by Blair Whitaker, J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, by Judge Phillip S. Figa on 10/25/05. (Text Only Entry - No Document Attached) (emksl, )
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134 |
Filed: 10/28/2005, Entered: 10/28/2005 |
Proposed Scheduling Order |
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Proposed Scheduling Order (Amended) by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Wiley E. Prentice, Jr, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc., WebAccess International, Inc., Blair Whitaker. (Fisher, Christopher)
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135 |
Filed: 10/28/2005, Entered: 10/28/2005 |
Proposed Scheduling Order |
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Proposed Scheduling Order by Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Schendzielos, Daniel)
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136 |
Filed: 10/28/2005, Entered: 10/28/2005 |
Amended Document |
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AMENDED [134] Proposed Scheduling Order, by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Wiley E. Prentice, Jr, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc., WebAccess International, Inc., Blair Whitaker. (Fisher, Christopher)
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137 |
Filed: 10/28/2005, Entered: 10/31/2005 |
Order on Motion for Leave |
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Minute ORDER granting Defendant's [131] Motion for Leave to Appear by Telephone, by Magistrate Judge Patricia A. Coan on 10/28/05. (emksl, )
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138 |
Filed: 10/31/2005, Entered: 10/31/2005 |
Proposed Scheduling Order |
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Proposed Scheduling Order (Consolidated) by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Wiley E. Prentice, Jr, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson, W.L. Lyons, Inc., WebAccess International, Inc., Blair Whitaker, Intervenor Plaintiff Dane Kirkpatrick, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Stokes, Peter)
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139 |
Filed: 11/1/2005, Entered: 11/1/2005 |
Scheduling Conference |
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Minute Entry for proceedings held before Judge Patricia A. Coan : Scheduling Conference held on 11/1/2005: Discovery due by 2/13/2006. Dispositive Motions due by 3/15/2006. Settlement Conference set for 12/5/2005 08:30 AM before Magistrate Judge Patricia A. Coan. (Court Reporter FTR- Ben Van Dyke.) (emksl, )
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140 |
Filed: 11/1/2005, Entered: 11/1/2005 |
Scheduling Order |
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Amended SCHEDULING ORDER: Scheduling Conference held on 11/1/2005: Discovery due by 2/13/2006. Dispositive Motions due by 3/15/2006. Settlement Conference set for 12/5/2005 08:30 AM before Magistrate Judge Patricia A. Coan. Signed by Magistrate Judge Patricia A. Coan on 11/1/05. (emksl, )
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141 |
Filed: 11/2/2005, Entered: 11/2/2005 |
Certificate of Compliance |
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CERTIFICATE OF COMPLIANCE with Local Rule 7.1 re [130] MOTION to Compel to Compel Arbitration and to Stay Proceedings by Defendants James Rogers, J.J.B Hilliard, W. L. Lyons, Inc. (hereinafter "H.L."), Steven E. Anderson. (Fisher, Christopher)
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142 |
Filed: 11/2/2005, Entered: 11/2/2005 |
Answer to Amended Complaint |
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ANSWER to Amended Complaint by Wiley E. Prentice, Jr.(Lucas, Peter)
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143 |
Filed: 11/2/2005, Entered: 11/2/2005, Terminated: 11/17/2005 |
Motion to Compel |
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MOTION to Compel Arbitration by Defendants L. Shawn Breskow, James W. Stuckert. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Proposed Order (PDF Only))(Stokes, Peter)
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144 |
Filed: 11/4/2005, Entered: 11/4/2005, Terminated: 3/17/2006 |
Motion to Strike |
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MOTION to Strike Expert Report of Ralph Peeples by Defendants J. Roger Moody, Archibald J. McGill, Wiley E. Prentice, Jr, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, WebAccess International, Inc., Blair Whitaker. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Proposed Order (PDF Only))(Stokes, Peter)
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145 |
Filed: 11/7/2005, Entered: 11/7/2005 |
Order |
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MINUTE ORDER Proposed Pretrial Order due by 5/15/2006. Final Pretrial Conference set for 5/18/2006 09:00 AM in Courtroom A 501 before Magistrate Judge Patricia A. Coan, by Magistrate Judge Patricia A. Coan on 11/7/05. (emksl, )
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146 |
Filed: 11/11/2005, Entered: 11/11/2005 |
Response to Motion |
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RESPONSE to Motion re [130] MOTION to Compel to Compel Arbitration and to Stay Proceedings, [143] MOTION to Compel Arbitration filed by Intervenor Plaintiff Dane Kirkpatrick, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Schendzielos, Daniel)
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147 |
Filed: 11/15/2005, Entered: 11/15/2005 |
Notice of Change of Address |
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NOTICE of Change of Address by Christopher P. Fisher (Fisher, Christopher)
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148 |
Filed: 11/17/2005, Entered: 11/17/2005 |
Order on Motion to Compel |
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ORDER granting Defendant Lyon's [130] Motion to Compel Arbitration and granting [143] Defendant Breskow and Stuckert's Motion to Compel Arbitration. This action is Stayed as to these Defendants. Signed by Judge Phillip S. Figa on 11/17/05. (emksl, )
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149 |
Filed: 11/18/2005, Entered: 11/18/2005, Terminated: 3/17/2006 |
Motion for Order |
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MOTION for Order to Mail Notice of Denial of Class by Intervenor Plaintiff Dane Kirkpatrick, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Attachments: # (1) Exhibit Notice of Denial)(Schendzielos, Daniel)
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150 |
Filed: 11/18/2005, Entered: 11/18/2005, Terminated: 3/17/2006 |
Motion to Compel |
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MOTION to Compel by Intervenor Plaintiff Dane Kirkpatrick, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Attachments: # (1) Exhibit ExhibitA# (2) Exhibit Exhibit B# (3) Exhibit Exhibit C# (4) Exhibit Exhibit D)(Schendzielos, Daniel)
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| 151 |
Filed: 11/21/2005, Entered: 11/21/2005 |
Memorandum |
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MEMORANDUM referring to Magistrate Judge Coan : [150] MOTION to Compel filed by Gary McDonald, Leonard Stephens, Edward Buhlman, Jim Noffsinger, Bruce Tallmadge, Dane Kirkpatrick, by Judge Phillip S. Figa on 11/21/05. (Text Only Entry - No Document Attached) (emksl, )
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152 |
Filed: 11/25/2005, Entered: 11/25/2005 |
Response to Motion |
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RESPONSE to Motion re [144] MOTION to Strike Expert Report of Ralph Peeples filed by Intervenor Plaintiff Dane Kirkpatrick, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Attachments: # (1) Exhibit Exhibit A# (2) Exhibit Exhibit B# (3) Exhibit Exhibit C)(Schendzielos, Daniel)
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153 |
Filed: 11/30/2005, Entered: 11/30/2005 |
Order |
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MINUTE ORDER: Motion Hearing set for 1/6/2006 10:45 AM in Courtroom A 501 before Magistrate Judge Patricia A. Coan regarding the [150] MOTION to Compel filed by Gary McDonald. Defendant shall respond to Motion by 12/5/05 and any Reply is due by 12/16/05, by Magistrate Judge Patricia A. Coan on 11/30/05. (emksl, )
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154 |
Filed: 11/30/2005, Entered: 11/30/2005, Terminated: 12/1/2005 |
Motion to Withdraw |
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MOTION to Withdraw Appearance by Defendants James W. Stuckert, L. Shawn Breskow and James Rogers. (Moorhead, John) (Modified on 12/1/2005 to add all the filers)(gms, ).
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155 |
Filed: 11/30/2005, Entered: 11/30/2005 |
Reply to Response to Motion |
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REPLY to Response to Motion re [144] MOTION to Strike Expert Report of Ralph Peeples filed by Defendants J. Roger Moody, Archibald J. McGill, Wiley E. Prentice, Jr, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, WebAccess International, Inc., Blair Whitaker. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(Stokes, Peter)
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| 156 |
Filed: 12/1/2005, Entered: 12/1/2005 |
Docket Annotation |
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Docket Annotation re: [154] MOTION to Withdraw Appearance. This docket entry was modified to add all the filers to this document. Text only entry - no document attached. (gms, )
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157 |
Filed: 12/1/2005, Entered: 12/1/2005 |
Response to Motion |
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RESPONSE to Motion re [149] MOTION for Order to Mail Notice of Denial of Class filed by Defendants J. Roger Moody, Archibald J. McGill, Wiley E. Prentice, Jr, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, WebAccess International, Inc., Blair Whitaker. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(Stokes, Peter)
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158 |
Filed: 12/1/2005, Entered: 12/2/2005 |
Order on Motion to Withdraw |
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ORDER granting [154] Motion to Withdraw. John Moorhead and Cassandra Sasso are terminated. Signed by Judge Phillip S. Figa on 12/1/05. (emksl, )
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159 |
Filed: 12/5/2005, Entered: 12/6/2005 |
Settlement Conference |
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Minute Entry for proceedings held before Judge Patricia A. Coan : Settlement Conference held on 12/5/2005: A settlement was reached. Settlement papers due by 12/29/05 (Actually due 12/19/05 pursuant to Minute Order of 12/5/05). Record was made. (emksl, ) Modified on 12/7/2005 to reflect amended Dismissal Paper due date (emksl, ).
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160 |
Filed: 12/5/2005, Entered: 12/7/2005 |
Order |
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MINUTE ORDER: Deadlines in the 11/1/05 Scheduling Order arevacated, including the final pretrial conference set for 5/18/06. Plaintiffs' Motion to Compel [150] is denied as moot. Motion Hearing of 1/6/06 is vacated. The Minute Entry [159] is amended to reflect that Settlement documents are due by 12/19/2005, by Magistrate Judge Patricia A. Coan on 12/5/05. (emksl, )
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161 |
Filed: 12/19/2005, Entered: 12/19/2005, Terminated: 12/20/2005 |
Motion for Extension of Time |
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MOTION For Extension of Time to File Settlement Documents by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, WebAccess International, Inc., Blair Whitaker, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Attachments: # (1) Proposed Order (PDF Only))(Stokes, Peter)
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| 162 |
Filed: 12/19/2005, Entered: 12/20/2005 |
Transcript |
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TRANSCRIPT of Motions Hearing held on 10/19/2005 before Judge Figa. Prepared by: Darlene M. Martinez. Pages: 1-75. (certified copy) Text Only Entry - Available in paper format at the Clerk's Office (emksl, )
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| 163 |
Filed: 12/20/2005, Entered: 12/20/2005 |
Memorandum |
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MEMORANDUM referring to Magistrate Judge Coan : [161] MOTION For Extension of Time to File Settlement Documents filed by Gary McDonald, Leonard Stephens, Edward Buhlman, Jim Noffsinger, Bruce Tallmadge, WebAccess International, Inc., Blair Whitaker, J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, by Judge Phillip S. Figa on 12/20/05.(Text Only Entry - No Document Attached) (emksl, )
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164 |
Filed: 12/20/2005, Entered: 12/21/2005 |
Order on Motion for Extension of Time |
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MINUTE ORDER granting [161] Agreed Motion for Extension of Time to File Settlement Documents to 12/23/05, by Magistrate Judge Patricia A. Coan on 12/20/05. (emksl, )
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165 |
Filed: 12/23/2005, Entered: 12/23/2005, Terminated: 1/4/2006 |
Motion for Miscellaneous Relief |
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MOTION to Approve Settlement by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Wiley E. Prentice, Jr, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, WebAccess International, Inc., Blair Whitaker, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Proposed Order (PDF Only))(Stokes, Peter)
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166 |
Filed: 12/26/2005, Entered: 12/26/2005, Terminated: 1/4/2006 |
Motion for Order |
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MOTION for Order to Grant Preliminary Approval of Settlement, Set Fairness Hearing, And Direct Mailing of Notice to Shareholders by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Wiley E. Prentice, Jr, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, WebAccess International, Inc., Blair Whitaker, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Attachments: # (1) Proposed Order (PDF Only))(Stokes, Peter)
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167 |
Filed: 1/4/2006, Entered: 1/4/2006 |
Order on Motion for Miscellaneous Relief |
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ORDER granting [165] Motion to Approve Settlement of Derivative Claims Against Certain Defendants. A Fairness Hearing is set for 3/27/06 at 9:00 a.m. Signed by Judge Phillip S. Figa on 1/4/06. (emksl, )
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168 |
Filed: 1/23/2006, Entered: 1/24/2006 |
Notice of Change of Address |
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NOTICE of Change of Address by Peter A. Stokes counsel for Defendants McGill, Whitaker, Leveque, Boyd, Moody, Stuckert, Breskow, Lyga, and Spesard. (lam, )
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169 |
Filed: 2/7/2006, Entered: 2/7/2006 |
Notice of Change of Address |
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NOTICE of Change of Address by Glenn W. Merrick (Merrick, Glenn)
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170 |
Filed: 2/13/2006, Entered: 2/13/2006 |
Notice of Change of Address |
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NOTICE of Change of Address by Daniel Joseph Schendzielos (Schendzielos, Daniel)
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171 |
Filed: 2/13/2006, Entered: 2/13/2006 |
Notice of Change of Address |
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NOTICE of Change of Address (Corrected) by Daniel Joseph Schendzielos (Schendzielos, Daniel)
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172 |
Filed: 3/16/2006, Entered: 3/16/2006, Terminated: 3/17/2006 |
Motion for Entry of Judgment under Rule 54(b) |
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Joint MOTION for Entry of Judgment under Rule 54(b) by Defendants J. Roger Moody, L. Shawn Breskow, James W. Stuckert, Archibald J. McGill, Wiley E. Prentice, Jr, Steven A. Spesard, Steven A. Lyga, Carol L. Leveque, Daniel W. Boyd, WebAccess International, Inc., Blair Whitaker, Plaintiffs Leonard Stephens, Edward Buhlman, Jim Noffsinger, Gary McDonald, Bruce Tallmadge. (Attachments: # (1) Exhibit A (part 1)# (2) Exhibit A (part 2)# (3) Exhibit B# (4) Exhibit C# (5) Proposed Order (PDF Only))(Stokes, Peter)
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173 |
Filed: 3/17/2006, Entered: 3/17/2006 |
Order on Motion for Entry of Judgment under Rule 5 |
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ORDER and FINAL JUDMENT re: [172] Motion for Entry of Judgment under Rule 54(b), is GRANTED. All relief not expressly awareded herein is DENIED, hearing scheduled for 03/27/06 is VACATED, case is administratively closed. Signed by Judge Phillip S. Figa on 03/17/06. (rlp, )
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