Gosselin v. First Trust Advisors L.P. et al

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:08-cv-05213
District Judge Samuel Der-Yeghiayan, presiding
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District Judge Samuel Der-Yeghiayan
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Parties
No Logo Robert Barrett, Plaintiff

Represented by Brower Piven, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Charles J. Piven +1 410 332 0030 +1 410 685 1300 piven@browerpiven.com

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Andrew J Brown +1 619 501 6550 +1 619 231 7423 andrewb@rgrdlaw.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Sabrina Elsa Tirabassi +1 561 750 3000 +1 561 750 3364 stirabassi@rgrdlaw.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Douglas S. Wilens +1 561 750 3000 +1 561 750 3364 dwilens@rgrdlaw.com
No Logo Roger J. Gosselin, Plaintiff

Represented by Bonnett, Fairbourn, Friedman & Balint, PC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Andrew S. Friedman +1 602 274 1100 +1 602 274 1199 afriedman@bffb.com

Represented by Brower Piven, PC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Caitlin Marie Moyna +1 212 301 9000 moyna@browerpiven.com
ATTORNEY TO BE NOTICED Charles J. Piven +1 410 332 0030 +1 410 685 1300 piven@browerpiven.com

Represented by Cafferty Faucher LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Marvin Allen Miller +1 312 782 4880 +1 312 782 4485 mmlaw4you@aol.com

Represented by Law Offices of Peter J. Mougey

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Peter J. Mougey

Represented by Miller & Law, PC

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Andrew J Brown +1 619 501 6550 +1 619 231 7423 andrewb@rgrdlaw.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Sabrina Elsa Tirabassi +1 561 750 3000 +1 561 750 3364 stirabassi@rgrdlaw.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Douglas S. Wilens +1 561 750 3000 +1 561 750 3364 dwilens@rgrdlaw.com
No Logo The Gosselin Group, Plaintiff

Pro Se

Name Phone Fax E-Mail
Space THE GREENING GROUP LLC +1 951 506 6556
No Logo Wiley Custer, Plaintiff

Represented by Brower Piven, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Charles J. Piven +1 410 332 0030 +1 410 685 1300 piven@browerpiven.com

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Andrew J Brown +1 619 501 6550 +1 619 231 7423 andrewb@rgrdlaw.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Sabrina Elsa Tirabassi +1 561 750 3000 +1 561 750 3364 stirabassi@rgrdlaw.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Douglas S. Wilens +1 561 750 3000 +1 561 750 3364 dwilens@rgrdlaw.com
v.
No Logo David M. Oster, Defendant

Represented by Bell Boyd & Lloyd, LLC

Name Phone Fax E-Mail
TERMINATED: 11/13/2008, LEAD ATTORNEY Kenneth E. Rechtoris +1 312 807 4210 +1 312 827 8000 krechtoris@bellboyd.com

Represented by K&L Gates LLP

Represented by Vedder Price, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David E. Bennett +1 312 609 7714 +1 312 609 5005 dbennett@vedderprice.com
ATTORNEY TO BE NOTICED Jeremy Ross Heuer +1 312 609 7719 +1 312 609 5005 jheuer@vedderprice.com
No Logo First Trust Advisors LP, Defendant
Officer/Director, Energy Income & Growth Fund

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Sean M. Murphy +1 212 530 5000

Represented by Bryan Cave, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Derek S. Holland +1 312 602 5151 +1 312 602 5050 hollandderek@yahoo.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven B. Smith +1 312 602 5000 +1 312 602 5050 srsmith@bryancave.com
No Logo First Trust Portfolios, LP, Defendant
Officer/Director, Energy Income & Growth Fund

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Sean M. Murphy +1 212 530 5000

Represented by Bryan Cave, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Derek S. Holland +1 312 602 5151 +1 312 602 5050 hollandderek@yahoo.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven B. Smith +1 312 602 5000 +1 312 602 5050 srsmith@bryancave.com
No Logo First Trust Strategic High Income Fund, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Sean M. Murphy +1 212 530 5000

Represented by Bell Boyd & Lloyd, LLC

Name Phone Fax E-Mail
TERMINATED: 11/13/2008, LEAD ATTORNEY Kenneth E. Rechtoris +1 312 807 4210 +1 312 827 8000 krechtoris@bellboyd.com

Represented by Bryan Cave, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Derek S. Holland +1 312 602 5151 +1 312 602 5050 hollandderek@yahoo.com
ATTORNEY TO BE NOTICED Steven B. Smith +1 312 602 5000 +1 312 602 5050 srsmith@bryancave.com

Represented by K&L Gates LLP

No Logo First Trust Strategic High Income Fund II, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Sean M. Murphy +1 212 530 5000

Represented by Bell Boyd & Lloyd, LLC

Name Phone Fax E-Mail
TERMINATED: 11/13/2008, LEAD ATTORNEY Kenneth E. Rechtoris +1 312 807 4210 +1 312 827 8000 krechtoris@bellboyd.com

Represented by Bryan Cave, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Derek S. Holland +1 312 602 5151 +1 312 602 5050 hollandderek@yahoo.com
ATTORNEY TO BE NOTICED Steven B. Smith +1 312 602 5000 +1 312 602 5050 srsmith@bryancave.com

Represented by K&L Gates LLP

No Logo First Trust Strategic High Income Fund III, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Sean M. Murphy +1 212 530 5000

Represented by Bell Boyd & Lloyd, LLC

Name Phone Fax E-Mail
TERMINATED: 11/13/2008, LEAD ATTORNEY Kenneth E. Rechtoris +1 312 807 4210 +1 312 827 8000 krechtoris@bellboyd.com

Represented by Bryan Cave, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Derek S. Holland +1 312 602 5151 +1 312 602 5050 hollandderek@yahoo.com
ATTORNEY TO BE NOTICED Steven B. Smith +1 312 602 5000 +1 312 602 5050 srsmith@bryancave.com

Represented by K&L Gates LLP

No Logo Hilliard Lyons Asset Management, Defendant

Represented by Greenebaum, Doll & McDonald, PLLC

No Logo James A. Bowden, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Sean M. Murphy +1 212 530 5000

Represented by Bryan Cave, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Derek S. Holland +1 312 602 5151 +1 312 602 5050 hollandderek@yahoo.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven B. Smith +1 312 602 5000 +1 312 602 5050 srsmith@bryancave.com
No Logo Mark R. Bradley, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Sean M. Murphy +1 212 530 5000

Represented by Bryan Cave, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Derek S. Holland +1 312 602 5151 +1 312 602 5050 hollandderek@yahoo.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven B. Smith +1 312 602 5000 +1 312 602 5050 srsmith@bryancave.com
No Logo Niel B. Nielson, Defendant

Represented by Bell Boyd & Lloyd, LLC

Name Phone Fax E-Mail
TERMINATED: 11/13/2008, LEAD ATTORNEY Kenneth E. Rechtoris +1 312 807 4210 +1 312 827 8000 krechtoris@bellboyd.com

Represented by K&L Gates LLP

Represented by Vedder Price, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David E. Bennett +1 312 609 7714 +1 312 609 5005 dbennett@vedderprice.com
ATTORNEY TO BE NOTICED Jeremy Ross Heuer +1 312 609 7719 +1 312 609 5005 jheuer@vedderprice.com
No Logo Richard E. Erickson, Defendant

Represented by Bell Boyd & Lloyd, LLC

Name Phone Fax E-Mail
TERMINATED: 11/13/2008, LEAD ATTORNEY Kenneth E. Rechtoris +1 312 807 4210 +1 312 827 8000 krechtoris@bellboyd.com

Represented by K&L Gates LLP

Represented by Vedder Price, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David E. Bennett +1 312 609 7714 +1 312 609 5005 dbennett@vedderprice.com
ATTORNEY TO BE NOTICED Jeremy Ross Heuer +1 312 609 7719 +1 312 609 5005 jheuer@vedderprice.com
No Logo Robert F. Keith, Defendant

Represented by Bell Boyd & Lloyd, LLC

Name Phone Fax E-Mail
TERMINATED: 11/13/2008, LEAD ATTORNEY Kenneth E. Rechtoris +1 312 807 4210 +1 312 827 8000 krechtoris@bellboyd.com

Represented by K&L Gates LLP

Represented by Vedder Price, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David E. Bennett +1 312 609 7714 +1 312 609 5005 dbennett@vedderprice.com
ATTORNEY TO BE NOTICED Jeremy Ross Heuer +1 312 609 7719 +1 312 609 5005 jheuer@vedderprice.com
No Logo Thomas R. Kadlec, Defendant

Represented by Bell Boyd & Lloyd, LLC

Name Phone Fax E-Mail
TERMINATED: 11/13/2008, LEAD ATTORNEY Kenneth E. Rechtoris +1 312 807 4210 +1 312 827 8000 krechtoris@bellboyd.com

Represented by K&L Gates LLP

Represented by Vedder Price, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David E. Bennett +1 312 609 7714 +1 312 609 5005 dbennett@vedderprice.com
ATTORNEY TO BE NOTICED Jeremy Ross Heuer +1 312 609 7719 +1 312 609 5005 jheuer@vedderprice.com
No Logo Valhalla Capital Partners LLC, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Sean M. Murphy +1 212 530 5000

Represented by Bryan Cave, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Derek S. Holland +1 312 602 5151 +1 312 602 5050 hollandderek@yahoo.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven B. Smith +1 312 602 5000 +1 312 602 5050 srsmith@bryancave.com
Other Parties
No Logo Aaron Wolkstein, Movant

Represented by VanDerGinst Law, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Clinton Arthur Krislov +1 312 606 0500 +1 312 606 0207 clint@krislovlaw.com
ATTORNEY TO BE NOTICED Jeffrey Michael Salas +1 312 606 0500 +1 312 606 0207 jeff@krislovlaw.com

Represented by Wolf Haldenstein Adler Freeman & Herz, LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED David A P Brower +1 212 545 4600
No Logo Anthony Duda, Movant

Represented by VanDerGinst Law, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Clinton Arthur Krislov +1 312 606 0500 +1 312 606 0207 clint@krislovlaw.com
ATTORNEY TO BE NOTICED Jeffrey Michael Salas +1 312 606 0500 +1 312 606 0207 jeff@krislovlaw.com

Represented by Wolf Haldenstein Adler Freeman & Herz, LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED David A P Brower +1 212 545 4600
No Logo First Trust Investor Group, Movant

Represented by VanDerGinst Law, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jeffrey Michael Salas +1 312 606 0500 +1 312 606 0207 jeff@krislovlaw.com
No Logo Robert A Valenti, Movant

Represented by VanDerGinst Law, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Clinton Arthur Krislov +1 312 606 0500 +1 312 606 0207 clint@krislovlaw.com
ATTORNEY TO BE NOTICED Jeffrey Michael Salas +1 312 606 0500 +1 312 606 0207 jeff@krislovlaw.com

Represented by Wolf Haldenstein Adler Freeman & Herz, LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED David A P Brower +1 212 545 4600
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
  Entries (145) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 146 Filed: 7/28/2011, Entered: None
ORDER and Final Judgment Signed by the Honorable Samuel Der-Yeghiayan on 7/28/2011. (ma,) (Entered: 07/29/2011)
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Blank 145 Filed: 7/28/2011, Entered: None
MINUTE entry before Honorable Samuel Der-Yeghiayan: Fairness hearing held. As stated on the record, the request for final class certification is granted. The Court finds the settlement is fair, reasonable and adequate. The attorneys' fees and costs are reasonable and appropriate. The instant action is hereby dismissed pursuant to settlement. All pending dates and motions are hereby stricken as moot. Civil case terminated. (For further detail see order and final judgment.) Mailed notice (ma,) (Entered: 07/29/2011)
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Legal Document (Payment Possibly Required) 144 Filed: 7/27/2011, Entered: None
SUPPLEMENT to (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L)(Brower, David) (Entered: 07/27/2011)
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Legal Document (Payment Possibly Required) 143 Filed: 7/20/2011, Entered: None
DECLARATION by Movants Anthony Duda, First Trust Investor Group, Robert A Valenti, Aaron Wolkstein, Plaintiff Aaron Wolkstein for settlement Declaration of David A.P. Brower, declaration by Movants Anthony Duda, First Trust Investor Group, Robert A Valenti, Aaron Wolkstein, Plaintiff Aaron Wolkstein for attorney fees Declaration of David A.P. Brower (Attachments: # 1 Exhibit Exhibit A to Brower Declaration, # 2 Exhibit Exhibit B to Brower Declaration, # 3 Exhibit Exhibit C to Brower Declaration, # 4 Exhibit Exhibit D to Brower Declaration, # 5 Exhibit Exhibit E to Brower Declaration)(Brower, David) (Docket Text modified by Clerk's Office) (Entered: 07/20/2011)
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Legal Document (Payment Possibly Required) 142 Filed: 7/20/2011, Entered: None
MOTION by Movants Anthony Duda, First Trust Investor Group, Robert A Valenti, Aaron Wolkstein, Plaintiff Aaron Wolkstein for settlement, MOTION by Movants Anthony Duda, First Trust Investor Group, Robert A Valenti, Aaron Wolkstein, Plaintiff Aaron Wolkstein for attorney fees (Attachments: # 1 Exhibit Memorandum in Support of Final Approval of Settlement, # 2 Exhibit Memorandum in Support of Attorneys' Fees)(Brower, David) (Entered: 07/20/2011)
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Legal Document (Payment Possibly Required) 141 Filed: 7/20/2011, Entered: None
MOTION by Movants Anthony Duda, First Trust Investor Group, Robert A Valenti, Aaron Wolkstein, Plaintiff Aaron Wolkstein for leave to file excess pages (Brower, David) (Entered: 07/20/2011)
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Blank 140 Filed: 4/1/2011, Entered: None
ORDER PRELIMINARILY CERTIFYING CLASS FOR SETTLEMENT PURPOSES Signed by the Honorable Samuel Der-Yeghiayan on 4/1/2011:Mailed notice(jms, ) (Entered: 04/01/2011)
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Legal Document (Payment Possibly Required) 139 Filed: 3/29/2011, Entered: None
MINUTE entry before Honorable Samuel Der-Yeghiayan:Motions by Caitlin Moyna and David Brower to appear pro hac vice [133, 135] are granted.Mailed notice (jms, ) (Entered: 03/29/2011)
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Blank 138 Filed: 3/29/2011, Entered: None
MINUTE entry before Honorable Samuel Der-Yeghiayan: Motion hearing held. Movants' motion for entry of an order of preliminary approval of settlement and for issuance of class notice 136 is granted. Fairness hearing is set for 7/28/2011 at 09:30 AM. (draft order to follow)Mailed notice (jms, ) (Entered: 03/29/2011)
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Legal Document (Payment Possibly Required) 137 Filed: 3/22/2011, Entered: None
NOTICE of Motion by Clinton A. Krislov for presentment of motion for miscellaneous relief,, 136 before Honorable Samuel Der-Yeghiayan on 3/29/2011 at 09:00 AM. (Krislov, Clinton) (Entered: 03/22/2011)
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Blank 136 Filed: 3/22/2011, Entered: None
MOTION by Movants Anthony Duda, First Trust Investor Group, Robert A Valenti, Aaron WolksteinPreliminary Approval of Settlement UNOPPOSED MOTION AND MEMORANDUM IN SUPPORT OF ENTRY OF PRELIMINARY APPROVAL ORDER PERMITTING ISSUANCE OF CLASS NOTICE AND SCHEDULING HEARING ON PROPOSED CLASS ACTION SETTLEMENT AND APPLICATION FOR AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES (Attachments: # 1 Exhibit Stipulation of Settlement with Exhibits, # 2 Declaration Declaration of David Brower)(Krislov, Clinton) (Entered: 03/22/2011)
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Legal Document (Payment Possibly Required) 135 Filed: 3/20/2011, Entered: None
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5815173. (Brower, David) (Entered: 03/20/2011)
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Legal Document (Payment Possibly Required) 134 Filed: 3/17/2011, Entered: None
MINUTE entry before Honorable Samuel Der-Yeghiayan: Status hearing held and continued to 03/29/11 at 9:00 a.m. Counsel appeared and reported to the the Court that the parties reached a resolution and are finalizing settlement documents and will submit a motion for the Court's approval. Mailed notice (mw, ) (Entered: 03/17/2011)
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Legal Document (Payment Possibly Required) 133 Filed: 3/11/2011, Entered: None
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-5791282. (Moyna, Caitlin) (Entered: 03/11/2011)
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Legal Document (Payment Possibly Required) 132 Filed: 1/27/2011, Entered: 1/27/2011 status hearing
MINUTE entry before Honorable Samuel Der-Yeghiayan: Status hearing held and continued to 03/17/11 at 9:00 a.m. Counsel appeared and reported to the Court that the parties have reached a settlement in principle. Mailed notice (mw, ) (Entered: 01/27/2011)
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Legal Document (Payment Possibly Required) 131 Filed: 5/5/2010, Entered: 5/5/2010 other
Response of Non-Party J.J.B. Hilliard, W.L. Lyons, LLC and its Divison by Hilliard Lyons Asset Management to Plaintiff's First Request for Production of Documents (Jakubowicz, Janet) (Entered: 05/05/2010)
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Blank 130 Filed: 5/5/2010, Entered: 5/5/2010 other
Answers and Objections of Non-Party J.J.B. Hilliard, W.L. Lyons, LLC and its Division by Hilliard Lyons Asset Management in Response to Plaintiff's First Set of Interrogatories (Jakubowicz, Janet) (Entered: 05/05/2010)
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Blank 129 Filed: 3/8/2010, Entered: 3/8/2010 Answer to Amended Complaint
Defendants' Answer to the Consolidated Class Action Complaint ANSWER to amended complaint by James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II, First Trust Strategic High Income Fund III(Smith, Steven) (Entered: 03/08/2010)
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Legal Document (Payment Possibly Required) 128 Filed: 2/12/2010, Entered: 2/12/2010 Order on Motion for Extension of Time
MINUTE entry before Honorable Samuel Der-Yeghiayan: In view of the parties good faith effort in meeting for settlement discussions, Movant First Trust Investor Group's motion for extension of time to facilitate settlement discussions 126 is granted as follows: Defendants to answer Plaintiffs' consolidated class action complaint by 03/08/10. Parties are given until 09/06/10 to name additional parties. Fact discovery to be completed by 10/06/10. Plaintiffs' expert disclosure and reports to be served by 11/05/10. Defendants' expert disclosures and reports are to be served by 12/06/10. Plaintiffs' rebuttal expert reports shall be served by 01/05/11. Dispositive motions are to be filed by 03/18/11. Responses to dispositive motions, if any, are to be filed by 04/15/11 and replies, if any, are to be filed by 05/16/11. Noticed motion date of 02/16/10 is stricken. Mailed notice (mw, ) (Entered: 02/12/2010)
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Legal Document (Payment Possibly Required) 127 Filed: 2/3/2010, Entered: 2/3/2010 Notice of Motion
NOTICE of Motion by Jeffrey Michael Salas for presentment of extension of time 126 before Honorable Samuel Der-Yeghiayan on 2/16/2010 at 09:00 AM. (Salas, Jeffrey) (Entered: 02/03/2010)
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Blank 126 Filed: 2/3/2010, Entered: 2/3/2010 extension of time
MOTION by Movant First Trust Investor Group for extension of time Joint Motion for an Extension of Time to Facilitate Settlement Discussions (Salas, Jeffrey) (Entered: 02/03/2010)
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Legal Document (Payment Possibly Required) 125 Filed: 1/19/2010, Entered: 1/21/2010 Notice of Change of Address
NOTICE by Charles J Piven of Firm Change of Address. (jj, ) (Entered: 01/21/2010)
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Legal Document (Payment Possibly Required) 124 Filed: 1/14/2010, Entered: 1/14/2010 status hearing
MINUTE entry before Honorable Samuel Der-Yeghiayan: Status hearing held and continued to 01/27/11 at 9:00 a.m. Parties are given until 08/16/10 for naming any additional parties. Fact discovery to be completed by 09/15/10. Plaintiff's expert disclosure and reports shall be served by 10/15/10. Defendants' expert disclosures and reports shall be served by 11/15/10. Plaintiff's expert rebuttal reports shall be served by 12/15/10. Dispositive motions are to be filed by 02/25/11. Responses to the dispositive motions, if any, are to be filed by 03/25/11 and replies, if any, are to be filed by 04/25/11.Mailed notice (mw, ) (Entered: 01/14/2010)
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Legal Document (Payment Possibly Required) 123 Filed: 1/6/2010, Entered: 1/6/2010 status hearing
MINUTE entry before Honorable Samuel Der-Yeghiayan: Status hearing held and continued to 01/14/10 at 9:00 a.m. Parties to file a joint proposed case management report by 01/08/10. Defendants to answer the consolidated amended complaint by 02/15/10. Mailed notice (mw, ) (Entered: 01/06/2010)
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Blank 122 Filed: 12/17/2009, Entered: 12/17/2009 Memorandum, Opinion & Order
MEMORANDUM Opinion Signed by the Honorable Samuel Der-Yeghiayan on 12/17/2009: Mailed notice (mw, ) (Entered: 12/17/2009)
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Blank 121 Filed: 12/17/2009, Entered: 12/17/2009 Order on Motion to Dismiss
MINUTE entry before Honorable Samuel Der-Yeghiayan: For the reasons stated in the Court's memorandum opinion dated 12/17/09, Defendants' motion to dismiss 103 is denied in its entirety. Status hearing reset to 01/06/10 at 9:00 a.m. Status hearing set for 01/13/10 is stricken. Mailed notice (mw, ) (Entered: 12/17/2009)
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Blank 120 Filed: 12/11/2009, Entered: 12/11/2009 Terminate Hearings
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Status hearing reset to 01/13/10 at 9:00 a.m. Status hearing set for 12/15/09 is stricken. Mailed notice (mw, ) (Entered: 12/11/2009)
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Legal Document (Payment Possibly Required) 119 Filed: 11/16/2009, Entered: 11/16/2009 Declaration
DECLARATION of Steven R. Smith regarding motion to dismiss, 103 SUPPLEMENTAL DECLARATION OF STEVEN R. SMITH IN FURTHER SUPPORT OF DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED COMPLAINT (Attachments: # 1 Exhibit Supp. Ex. FF, # 2 Exhibit Supp. Ex. GG, # 3 Exhibit Supp. Ex. HH, # 4 Exhibit Supp. Ex. II, # 5 Exhibit Supp. Ex. JJ, # 6 Exhibit Supp. Ex. KK)(Smith, Steven) (Entered: 11/16/2009)
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Blank 118 Filed: 11/16/2009, Entered: 11/16/2009 Response in Support of Motion
RESPONSE by First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund IIin Support of MOTION by Defendants First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II to dismiss TH 103 REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED COMPLAINT (Smith, Steven) (Entered: 11/16/2009)
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Legal Document (Payment Possibly Required) 117 Filed: 11/4/2009, Entered: 11/4/2009 Order on Motion for Leave to File Excess Pages
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Defendants' unopposed motion for leave to file a twenty-five page reply brief in further support of their motion to dismiss the consolidated complaint 115 is granted. Noticed motion date of 11/05/09 is stricken. All other dates remain unchanged. Mailed notice (mw, ) (Entered: 11/04/2009)
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Legal Document (Payment Possibly Required) 116 Filed: 11/2/2009, Entered: 11/2/2009 Notice of Motion
NOTICE of Motion by Steven Russell Smith for presentment of motion for leave to file excess pages, 115 before Honorable Samuel Der-Yeghiayan on 11/5/2009 at 09:00 AM. (Smith, Steven) (Entered: 11/02/2009)
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Legal Document (Payment Possibly Required) 115 Filed: 11/2/2009, Entered: 11/2/2009 Motion for Leave to File Excess Pages
MOTION by Defendants First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II for leave to file excess pages DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE A TWENTY-FIVE PAGE REPLY BRIEF IN FURTHER SUPPORT OF THEIR MOTION TO DISMISS THE CONSOLIDATED COMPLAINT (Smith, Steven) (Entered: 11/02/2009)
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Legal Document (Payment Possibly Required) 114 Filed: 10/21/2009, Entered: 10/23/2009 Notice of Change of Address
NOTICE by Charles J Piven of Change of Name of Firm. (jj, ) (Entered: 10/23/2009)
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Legal Document (Payment Possibly Required) 113 Filed: 10/14/2009, Entered: 10/14/2009 notice of filing
NOTICE by First Trust Investor Group re memorandum in opposition to motion, 112 Memorandum in Opposition to Defendants Motion to Dismiss the Consolidated Class Action Complaint for Violations of Federal Securities Laws (Salas, Jeffrey) (Entered: 10/14/2009)
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Blank 112 Filed: 10/14/2009, Entered: 10/14/2009 Memorandum in Opposition to Motion
MEMORANDUM by First Trust Investor Group in Opposition to motion to dismiss, 103 the Consolidated Class Action Complaint for Violations of Federal Securities Laws (Attachments: # 1 Compendium of Unreported Cases Volume 1, # 2 Compendium of Unreported Cases Volume 2)(Salas, Jeffrey) (Entered: 10/14/2009)
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Legal Document (Payment Possibly Required) 111 Filed: 9/16/2009, Entered: 9/18/2009 Order on Motion for Leave to File Excess Pages
MINUTE entry before the Honorable Samuel Der-Yeghiayan: As Stated on the Record, Movant First Trust Investor Group's Unopposed Motion for Leave to File a Memorandum in Excess of Forty Pages in Connection with Plaintiffs Opposition to Defendants Motion to Dismiss 109 is granted. All dates previously set are to stand. Mailed notice. (jj, ) (Entered: 09/18/2009)
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Legal Document (Payment Possibly Required) 110 Filed: 9/10/2009, Entered: 9/10/2009 Notice of Motion
NOTICE of Motion by Jeffrey Michael Salas for presentment of motion for leave to file excess pages 109 before Honorable Samuel Der-Yeghiayan on 9/16/2009 at 09:00 AM. (Salas, Jeffrey) (Entered: 09/10/2009)
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Legal Document (Payment Possibly Required) 109 Filed: 9/10/2009, Entered: 9/10/2009 Motion for Leave to File Excess Pages
MOTION by Movant First Trust Investor Group for leave to file excess pages Unopposed Motion for Leave to File a Memorandum in Excess of Forty Pages in Connection with Plaintiffs Opposition to Defendants Motion to Dismiss (Salas, Jeffrey) (Entered: 09/10/2009)
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Legal Document (Payment Possibly Required) 108 Filed: 7/29/2009, Entered: 7/29/2009 Declaration
DECLARATION regarding motion to dismiss, 103 OF STEVEN R. SMITH (Attachments: # 1 Exhibit A - PART 1, # 2 Exhibit A - PART 2, # 3 Exhibit A - PART 3, # 4 Exhibit A - PART 4, # 5 Exhibit B - PART 1, # 6 Exhibit B - PART 2, # 7 Exhibit B - PART 3, # 8 Exhibit B - PART 4, # 9 Exhibit C, # 10 Exhibit D, # 11 Exhibit E, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L - PART 1, # 19 Exhibit L - PART 2, # 20 Exhibit M - PART 1, # 21 Exhibit M - PART 2, # 22 Exhibit M - PART 3, # 23 Exhibit N - PART 1, # 24 Exhibit N - PART 2, # 25 Exhibit O, # 26 Exhibit P, # 27 Exhibit Q, # 28 Exhibit R, # 29 Exhibit S, # 30 Exhibit T, # 31 Exhibit U, # 32 Exhibit U - PART 2, # 33 Exhibit U - PART 3, # 34 Exhibit V - PART 1, # 35 Exhibit V - PART 2, # 36 Exhibit V - PART 3, # 37 Exhibit W, # 38 Exhibit X, # 39 Exhibit Y, # 40 Exhibit Z, # 41 Exhibit AA, # 42 Exhibit BB, # 43 Exhibit CC, # 44 Exhibit DD, # 45 Exhibit EE - PART 1, # 46 Exhibit EE - PART 2, # 47 Exhibit EE - PART 3, # 48 Exhibit EE - PART 4, # 49 Exhibit EE - PART 5, # 50 Exhibit EE - PART 6, # 51 Exhibit EE - PART 7)(Smith, Steven) (Entered: 07/29/2009)
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Legal Document (Payment Possibly Required) 107 Filed: 7/29/2009, Entered: 7/29/2009 notification of affiliates pursuant to local rule 3.2
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II re MOTION by Defendants First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II to dismiss TH 103 DEFENDANTS' DISCLOSURE STATEMENT PURSUANT TO FED.R.CIV.P. 7.1 AND LOCAL RULE 3.2 (Smith, Steven) (Entered: 07/29/2009)
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Legal Document (Payment Possibly Required) 106 Filed: 7/29/2009, Entered: 7/29/2009 Memorandum in Support of Motion
MEMORANDUM by First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II in support of motion to dismiss, 103 THE CONSOLIDATED COMPLAINT - PART 3 (Attachments: # 1 Appendix APPENDICES 1-7)(Smith, Steven) (Entered: 07/29/2009)
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Legal Document (Payment Possibly Required) 105 Filed: 7/29/2009, Entered: 7/29/2009 Memorandum in Support of Motion
MEMORANDUM by First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II in support of motion to dismiss, 103 THE CONSOLIDATED COMPLAINT - PART 2 (Smith, Steven) (Entered: 07/29/2009)
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Blank 104 Filed: 7/29/2009, Entered: 7/29/2009 Memorandum in Support of Motion
MEMORANDUM by First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II in support of motion to dismiss, 103 THE CONSOLIDATED COMPLAINT (Smith, Steven) (Entered: 07/29/2009)
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Blank 103 Filed: 7/29/2009, Entered: 7/29/2009 Motion to Dismiss
MOTION by Defendants First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II to dismiss THE CONSOLIDATED COMPLAINT (Smith, Steven) (Entered: 07/29/2009)
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Legal Document (Payment Possibly Required) 102 Filed: 7/27/2009, Entered: 7/27/2009 Order on Motion to Amend/Correct
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Defendants First Trust Advisors' unopposed motion to amend briefing schedule for Defendants' motion to dismiss the consolidated complaint 97 is granted as follows: Defendants are given until 07/29/09 to answer or otherwise plead to the consolidated amended complaint. In the event any Defendant moves to dismiss, Plaintiffs are given until 10/14/09 to file their response and Defendant(s) are given until 11/16/09 to file their reply. Status hearing reset to 12/15/09 at 9:00 a.m. Status hearing set for 12/01/09 and noticed motion set for 07/28/09 are stricken. Mailed notice (mw,) (Entered: 07/27/2009)
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Legal Document (Payment Possibly Required) 101 Filed: 7/27/2009, Entered: 7/27/2009 Order on Motion for Leave to File Excess Pages
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Defendant First Trust Advisors L.P.'s joint motion for leave to file memoranda in excess of fifteen pages in connection with defendants' motion to dismiss 99 is granted. Noticed motion date of 07/28/09 is stricken. Mailed notice (mw,) (Entered: 07/27/2009)
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Legal Document (Payment Possibly Required) 100 Filed: 7/23/2009, Entered: 7/23/2009 Notice of Motion
NOTICE of Motion by Steven Russell Smith for presentment of motion for leave to file excess pages 99 before Honorable Samuel Der-Yeghiayan on 7/28/2009 at 09:00 AM. (Smith, Steven) (Entered: 07/23/2009)
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Legal Document (Payment Possibly Required) 99 Filed: 7/23/2009, Entered: 7/23/2009 Motion for Leave to File Excess Pages
MOTION by Defendant First Trust Advisors L.P. for leave to file excess pages JOINT MOTION FOR LEAVE TO FILE MEMORANDA IN EXCESS OF FIFTEEN PAGES IN CONNECTION WITH DEFENDANTS' MOTION TO DISMISS (Smith, Steven) (Entered: 07/23/2009)
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Legal Document (Payment Possibly Required) 98 Filed: 7/6/2009, Entered: 7/6/2009 Notice of Motion
NOTICE of Motion by Derek S. Holland for presentment of motion to amend/correct, 97 before Honorable Samuel Der-Yeghiayan on 7/28/2009 at 09:00 AM. (Holland, Derek) (Entered: 07/06/2009)
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Legal Document (Payment Possibly Required) 97 Filed: 7/6/2009, Entered: 7/6/2009 Motion to Amend/Correct
MOTION by Defendants First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., Valhalla Capital Partners LLC, First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II to amend/correct the Briefing Schedule for Defendants' Motion to Dismiss the Consolidated Complaint (Holland, Derek) (Entered: 07/06/2009)
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Legal Document (Payment Possibly Required) 96 Filed: 6/9/2009, Entered: 6/9/2009 Order on Motion to Amend/Correct
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Defendants' unopposed motion to amend the briefing schedule for defendants' motion to dismiss the consolidated complaint 94 is granted as follows: Defendants are given until 07/15/09 to answer or otherwise plead to the consolidated amended complaint. In the event any Defendant moves to dismiss, Plaintiffs are given until 09/30/09 to file their response and Defendant(s) are given until 11/02/09 to file their reply. Status hearing reset to 12/01/09 at 9:00 a.m. Status hearing set for 09/30/09 and noticed motion set for 06/10/09 are stricken. Mailed notice (mw,) (Entered: 06/09/2009)
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Legal Document (Payment Possibly Required) 95 Filed: 6/5/2009, Entered: 6/5/2009 Notice of Motion
NOTICE of Motion by Steven Russell Smith for presentment of motion to amend/correct, 94 before Honorable Samuel Der-Yeghiayan on 6/10/2009 at 09:00 AM. (Smith, Steven) (Entered: 06/05/2009)
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Legal Document (Payment Possibly Required) 94 Filed: 6/5/2009, Entered: 6/5/2009 Motion to Amend/Correct
MOTION by Defendants First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., Valhalla Capital Partners LLC, First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II to amend/correct UNOPPOSED MOTION TO AMEND THE BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED COMPLAINT (Smith, Steven) (Entered: 06/05/2009)
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Legal Document (Payment Possibly Required) 93 Filed: 4/30/2009, Entered: 4/30/2009 notice of filing
NOTICE by First Trust Investor Group re amended complaint, 92 (Salas, Jeffrey) (Entered: 04/30/2009)
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Blank 92 Filed: 4/30/2009, Entered: 4/30/2009 Amended Complaint
CONSOLIDATED AMENDED complaint by First Trust Investor Group against First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Investor Group, First Trust Advisors L.P., First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C)(Salas, Jeffrey) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 91 Filed: 4/21/2009, Entered: 4/21/2009 Order on Motion for Extension of Time
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Movant First Trust Investor Group's motion for extension of time to file consolidated amended complaint 89 is granted to and including 04/30/09. Defendants are given until 06/15/09 to answer or otherwise plead to the consolidated amended complaint. In the event any Defendant moves to dismiss, Plaintiffs are given until 07/30/09 to file their response and Defendant(s) are given until 08/31/09 to file their reply. Status hearing reset to 09/30/09 at 9:00 a.m. Status hearing set for 09/16/09 and noticed motion set for 04/22/09 are stricken. Mailed notice (mw, ) (Entered: 04/21/2009)
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Legal Document (Payment Possibly Required) 90 Filed: 4/14/2009, Entered: 4/14/2009 Notice of Motion
NOTICE of Motion by Jeffrey Michael Salas for presentment of extension of time 89 before Honorable Samuel Der-Yeghiayan on 4/22/2009 at 09:00 AM. (Salas, Jeffrey) (Entered: 04/14/2009)
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Legal Document (Payment Possibly Required) 89 Filed: 4/14/2009, Entered: 4/14/2009 extension of time
MOTION by Movant First Trust Investor Group for extension of time to file Consolidated Amended Complaint (Attachments: # 1 Exhibit Ex. A - Stipulation)(Salas, Jeffrey) (Entered: 04/14/2009)
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Legal Document (Payment Possibly Required) 88 Filed: 4/2/2009, Entered: 4/2/2009 Order on Motion for Reconsideration
MINUTE entry before the Honorable Samuel Der-Yeghiayan: For the reasons stated below, Plaintiff Roger Gosselin's, Plaintiff Robert Barrett's, and Plaintiff Wiley Custer's motion for reconsideration of the Court's January 15, 2009 Order 80 is denied. By agreement of the parties, Lead Plaintiff shall file a consolidated amended complaint by 04/16/09. Defendants are given 45 days, after service, to answer or otherwise plead to Lead Plaintiff's consolidated amended complaint. In the event any Defendant moves to dismiss the consolidated amended complaint, Lead Plaintiff shall respond within 45 days of its service and Defendant(s) shall file a reply within 30 days of service of Lead Plaintiff's Response. Status hearing reset to 09/16/09 at 9:00 a.m. Status hearing set for 09/03/09 is stricken. (For further details see minute order). Mailed notice. (jj, ) (Entered: 04/02/2009)
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Legal Document (Payment Possibly Required) 87 Filed: 3/4/2009, Entered: 3/4/2009 Reply
REPLY to motion for reconsideration 80 The Gosselin Group's Reply Memorandum of Law In Further Support of Its Motion for Reconsideration Of The Court's January 15, 2009 Order (Miller, Marvin) (Entered: 03/04/2009)
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Legal Document (Payment Possibly Required) 86 Filed: 2/25/2009, Entered: 2/25/2009 notice of filing
NOTICE by First Trust Investor Group re memorandum in opposition to motion 85 (Salas, Jeffrey) (Entered: 02/25/2009)
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Legal Document (Payment Possibly Required) 85 Filed: 2/25/2009, Entered: 2/25/2009 Memorandum in Opposition to Motion
MEMORANDUM by First Trust Investor Group in Opposition to motion for reconsideration 80 (Attachments: # 1 Compendium of Unreported Cases)(Salas, Jeffrey) (Entered: 02/25/2009)
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Legal Document (Payment Possibly Required) 84 Filed: 2/10/2009, Entered: 2/10/2009 Transcript
TRANSCRIPT OF PROCEEDINGS held on November 18, 2008, before the Honorable Samuel Der-Yeghiayan. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/3/2009. Redacted Transcript Deadline set for 3/13/2009. Release of Transcript Restriction set for 5/11/2009. (Lacien, Laura) (Entered: 02/10/2009)
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Legal Document (Payment Possibly Required) 83 Filed: 2/9/2009, Entered: 2/9/2009 Order on Motion for Reconsideration
MINUTE entry before the Honorable Samuel Der-Yeghiayan:Plaintiff Roger J. Gosselin's motion for reconsideration 8 is entered and continued. Responses to the motion, if any, must be filed by 2/25/09. Replies, if any, must be filed by 3/4/09. The court will issue its ruling by mail. All other dates remain unchanged.Mailed notice (tlp, ) Modified on 2/9/2009 (tlp, ). (Entered: 02/09/2009)
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Legal Document (Payment Possibly Required) 82 Filed: 2/5/2009, Entered: 2/5/2009 Notice of Motion
Amended NOTICE of Motion by Marvin Alan Miller for presentment of motion for reconsideration 80 before Honorable Samuel Der-Yeghiayan on 2/11/2009 at 09:00 AM. (Miller, Marvin) (Entered: 02/05/2009)
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Legal Document (Payment Possibly Required) 81 Filed: 1/30/2009, Entered: 1/30/2009 Notice of Motion
NOTICE of Motion by Marvin Alan Miller for presentment of motion for reconsideration 80 before Honorable Samuel Der-Yeghiayan on 2/18/2009 at 09:00 AM. (Miller, Marvin) (Entered: 01/30/2009)
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Legal Document (Payment Possibly Required) 80 Filed: 1/30/2009, Entered: 1/30/2009 Motion for Reconsideration
MOTION by Plaintiff Roger J. Gosselin for reconsideration of the Court's January 15, 2009 Order and Memorandum of Law in Support (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Miller, Marvin) (Entered: 01/30/2009)
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Legal Document (Payment Possibly Required) 79 Filed: 1/20/2009, Entered: 1/20/2009 Stipulation and Order
STIPULATION and Scheduling Order Signed by the Honorable Samuel Der-Yeghiayan on 1/20/2009.(jj, ) (Entered: 01/20/2009)
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Legal Document (Payment Possibly Required) 78 Filed: 1/20/2009, Entered: 1/20/2009 Order on Motion to Appear Pro Hac Vice
MINUTE entry before the Honorable Samuel Der-Yeghiayan: As stated in the stipulation and scheduling order dated 01/20/09, Lead Plaintiff shall file a consolidated amended complaint by 04/03/09. Defendants shall answer or otherwise plead to the consolidated amended complaint by 05/18/09. In the event any Defendant moves to dismiss, Plaintiff shall respond by 07/03/09 and Defendant(s) shall file its reply by 08/03/09. Status hearing reset to 09/03/09 at 9:00 a.m. Status hearing set for 01/21/09 is stricken. Charles Piven's motion for leave to appear pro hac vice for Plaintiffs 72 is granted. Andrew Brown's motion for leave to appear pro hac vice for Plaintiffs 76 is granted. (For further detail see separate order(s)). Mailed notice. (jj, ) (Entered: 01/20/2009)
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Blank 77 Filed: 1/15/2009, Entered: 1/15/2009 text entry
MINUTE entry before the Honorable Samuel Der-Yeghiayan: For the reasons stated below, we deny Gosselin Group's motion to be appointed lead plaintiffs and for approval of their proposed choice of counsel as lead counsel 55 and we grant First Trust Group's motion to be appointed lead plaintiff and for approval of their proposed choice of counsel as lead counsel 53 . The law firm of Brower Piven, A Professional Corporation, is hereby appointed as Lead Counsel for Lead Plaintiff and the Class and the law firm of Krislov & Associates, Ltd. is hereby appointed as Liaison Counsel for Lead Plaintiff and the Class. (For further details see minute order). Mailed notice (mw, ) Modified on 1/16/2009 (jj, ). (Entered: 01/15/2009)
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Legal Document (Payment Possibly Required) 76 Filed: 1/8/2009, Entered: 1/8/2009 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003408780. (Brown, Andrew) (Entered: 01/08/2009)
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Legal Document (Payment Possibly Required) 75 Filed: 12/23/2008, Entered: 12/23/2008 notice of filing
NOTICE by Anthony Duda, Robert A Valenti, Aaron Wolkstein, First Trust Investor Group re reply, 74 Memorandum in Reply to Competing Movants Opposition To The First Trust Investor Groups Motion For Appointment as Lead Plaintiff and Approval of Its Selection of Lead Counsel (Salas, Jeffrey) (Entered: 12/23/2008)
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Legal Document (Payment Possibly Required) 74 Filed: 12/23/2008, Entered: 12/23/2008 Reply
REPLY by Movants Anthony Duda, Robert A Valenti, Aaron Wolkstein, First Trust Investor Group, Plaintiff Aaron Wolkstein Memorandum in Reply to Competing Movants Opposition To The First Trust Investor Groups Motion For Appointment as Lead Plaintiff and Approval of Its Selection of Lead Counsel (Attachments: # 1 Exhibit Ex. A, # 2 Compendium of Unreported Cases)(Salas, Jeffrey) (Entered: 12/23/2008)
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Legal Document (Payment Possibly Required) 73 Filed: 12/23/2008, Entered: 12/23/2008 Reply
REPLY by Plaintiffs Roger J. Gosselin, Robert Barrett, Wiley Custer Reply Memorandum of Law in Further Support of Motion of Roger Gosselin, Robert Barrett and Wiley Custer for Appointment as Lead Plaintiffs, and for Approval of Selection of Lead Counsel (Miller, Marvin) (Entered: 12/23/2008)
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Legal Document (Payment Possibly Required) 72 Filed: 12/23/2008, Entered: 12/23/2008 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003382018. (Piven, Charles) (Entered: 12/23/2008)
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Legal Document (Payment Possibly Required) 71 Filed: 12/12/2008, Entered: 12/12/2008 Notice of Correction
NOTICE of Correction regarding MOTION 68 . (jj, ) (Entered: 12/12/2008)
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Legal Document (Payment Possibly Required) 70 Filed: 12/9/2008, Entered: 12/9/2008 notice of filing
NOTICE by Anthony Duda, Robert A Valenti, Aaron Wolkstein re memorandum, 69 Memorandum in Further Support of the Motion of the First Trust Investor Group To Be Appointed Lead Plaintiff; and To Approve Proposed Lead Plaintiffs Choice of Counsel; and in Opposition to The Competing Lead Plaintiff Motion (Salas, Jeffrey) (Entered: 12/09/2008)
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Legal Document (Payment Possibly Required) 69 Filed: 12/9/2008, Entered: 12/9/2008 Memorandum
MEMORANDUM memorandum in support of motion, 56 by Anthony Duda, Robert A Valenti, Aaron Wolkstein Memorandum in Further Support of the Motion of the First Trust Investor Group To Be Appointed Lead Plaintiff; and To Approve Proposed Lead Plaintiffs Choice of Counsel; and in Opposition to The Competing Lead Plaintiff Motion (Attachments: # 1 Compendium of Unreported Cases)(Salas, Jeffrey) (Entered: 12/09/2008)
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Legal Document (Payment Possibly Required) 68 Filed: 12/9/2008, Entered: 12/9/2008 Motion to Appoint Counsel
MEMORANDUM by Plaintiff Roger J. Gosselin in Opposition to The First Trust Investor Group's Motion for Appointment As Lead Plaintiff and Approval of Its Selection of Lead Counsel For The Class (Attachments: # 1 Declaration Joint Declaration)(Miller, Marvin) Modified on 12/12/2008 (jj, ). (Entered: 12/09/2008)
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Legal Document (Payment Possibly Required) 67 Filed: 12/9/2008, Entered: 12/9/2008 Attorney Appearance
ATTORNEY Appearance for Plaintiffs Roger J. Gosselin, Robert Barrett, Wiley Custer by Sabrina E. Tirabassi (Tirabassi, Sabrina) (Entered: 12/09/2008)
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Legal Document (Payment Possibly Required) 66 Filed: 12/9/2008, Entered: 12/9/2008 Attorney Appearance
ATTORNEY Appearance for Plaintiffs Roger J. Gosselin, Robert Barrett, Wiley Custer by Douglas S. Wilens (Wilens, Douglas) (Entered: 12/09/2008)
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Legal Document (Payment Possibly Required) 65 Filed: 12/8/2008, Entered: 12/8/2008 Order on Motion to Appear Pro Hac Vice
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Sabrina Tirabassi's and Douglas Wilens' motions for leave to appear pro hac vice for Plaintiffs' Roger J. Gosselin, Robert Barrett, and Wiley Custer 60 , 61 are granted. Mailed notice. (jj, ) (Entered: 12/08/2008)
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Legal Document (Payment Possibly Required) 64 Filed: 11/18/2008, Entered: 11/19/2008 Order on Motion to Consolidate Cases
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Status hearing held and continued to 01/21/09 at 9:00 a.m. Movants Anthony Duda, Robert A Valenti, Aaron Wolkstein's motion to consolidate cases 53 and Plaintiffs' motion to consolidate cases 55 are granted. Civil Action Morgan Evans v. First Trust Advisors L.P., et al., 08 C 5378 is hereby ordered consolidated for all purposes with this action, 08 C 5213. All filings shall be filed in this instant action 08 C 5213. Movants and Plaintiffs' motion to appoint lead Plaintiff and approve lead plaintiff's choice of counsel 53 and 55 are entered and continued. Responses to the cross motions shall be filed by 12/09/08 and replies, if any, are to be filed by 12/23/08. Mailed notice (ep, ) (Entered: 11/19/2008)
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Legal Document (Payment Possibly Required) 63 Filed: 11/17/2008, Entered: 11/17/2008 Attorney Appearance
ATTORNEY Appearance for Defendants First Trust Strategic High Income Fund III, Valhalla Capital Partners LLC, First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II by Derek S. Holland (Holland, Derek) (Entered: 11/17/2008)
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Legal Document (Payment Possibly Required) 62 Filed: 11/17/2008, Entered: 11/17/2008 Attorney Appearance
ATTORNEY Appearance for Defendants First Trust Strategic High Income Fund III, Valhalla Capital Partners LLC, First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II by Steven Russell Smith (Smith, Steven) (Entered: 11/17/2008)
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Legal Document (Payment Possibly Required) 61 Filed: 11/17/2008, Entered: 11/17/2008 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003282030. (Wilens, Douglas) (Entered: 11/17/2008)
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Legal Document (Payment Possibly Required) 60 Filed: 11/17/2008, Entered: 11/17/2008 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003281914. (Tirabassi, Sabrina) (Entered: 11/17/2008)
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Legal Document (Payment Possibly Required) 59 Filed: 11/13/2008, Entered: 11/14/2008 Order on Motion to Substitute Attorney
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Motion hearing held. Defendants First Trust Strategic High Income Fund III, Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster, First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II's motion to substitute attorney 47 is granted. John Rotunno, Kenneth Rechtoris, Sara Robinson and Todd Pentecost are hereby given leave to withdraw their appearances on behalf of Defendants Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, and David M. Oster. David Bennett and Jeremy Heuer are hereby given leave to substitute and file their appearances on behalf of Defendants Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, and David M. Oster. John Rotunno, Kenneth Rechtoris, Sara Robinson and Todd Pentecost are hereby given leave to withdraw their appearances on behalf of Defendants First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II, and First Trust Strategic High Income Fund III. Steven Russell Smith and Derek Holland are hereby given leave to substitute and file their appearances on behalf of Defendants First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II, and First Trust Strategic High Income Fund III. Mailed notice. (jj, ) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 58 Filed: 11/13/2008, Entered: 11/13/2008 Attorney Appearance
ATTORNEY Appearance for Defendants Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster by Jeremy Ross Heuer (Heuer, Jeremy) (Entered: 11/13/2008)
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Legal Document (Payment Possibly Required) 57 Filed: 11/13/2008, Entered: 11/13/2008 Attorney Appearance
ATTORNEY Appearance for Defendants Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster by David E. Bennett (Bennett, David) (Entered: 11/13/2008)
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Legal Document (Payment Possibly Required) 56 Filed: 11/12/2008, Entered: 11/12/2008 Memorandum in Support of Motion
MEMORANDUM by Roger J. Gosselin, Robert Barrett, Wiley Custer in support of motion to consolidate cases, 55 Memorandum of Law In Support Of Motion of Roger Gosselin, Robert Barrett and Wiley Custer for Consolidation of Related Actions, Appointment of Lead Plaintiffs, And for Approval of Selection of Lead Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Miller, Marvin) (Entered: 11/12/2008)
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Legal Document (Payment Possibly Required) 55 Filed: 11/12/2008, Entered: 11/12/2008 Motion to Consolidate Cases
MOTION by Plaintiff Roger J. Gosselin to consolidate cases Motion of Roger Gosselin, Robert Barrett and Wiley Custer For Consolidation of Related Actions, Appointment As Lead Plaintiffs, and For Approval of Selection of Lead Counsel (Miller, Marvin) (Entered: 11/12/2008)
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Legal Document (Payment Possibly Required) 54 Filed: 11/12/2008, Entered: 11/12/2008 Notice of Motion
NOTICE of Motion by Jeffrey Michael Salas for presentment of motion to consolidate cases,, 53 before Honorable Samuel Der-Yeghiayan on 11/18/2008 at 09:00 AM. (Salas, Jeffrey) (Entered: 11/12/2008)
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Legal Document (Payment Possibly Required) 53 Filed: 11/12/2008, Entered: 11/12/2008 Motion to Consolidate Cases
MOTION by Movants Anthony Duda, Robert A Valenti, Aaron Wolkstein, Plaintiff Aaron Wolkstein to consolidate cases , Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel (Attachments: # 1 Memorandum in Support of Motion to Consolidate, Appoint Lead Plaintiff and Approve Lead and Liaision Counsel, # 2 Declaration Declaration of Clinton A. Krislov, # 3 Exhibit Ex. A, # 4 Exhibit Ex. B, # 5 Exhibit Ex. C, # 6 Exhibit Ex. D, # 7 Exhibit Ex. E, # 8 Exhibit Ex. F, # 9 Compendium of Unreported Cases)(Salas, Jeffrey) (Entered: 11/12/2008)
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Legal Document (Payment Possibly Required) 52 Filed: 11/12/2008, Entered: 11/12/2008 Attorney Appearance
ATTORNEY Appearance for Movants Anthony Duda, Robert A Valenti, Aaron Wolkstein, Plaintiff Aaron Wolkstein by Jeffrey Michael Salas (Salas, Jeffrey) (Entered: 11/12/2008)
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Legal Document (Payment Possibly Required) 51 Filed: 11/12/2008, Entered: 11/12/2008 Attorney Appearance
ATTORNEY Appearance of Clinton A Krislov on behalf of Movants (Salas, Jeffrey) (Entered: 11/12/2008)
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Legal Document (Payment Possibly Required) 50 Filed: 11/5/2008, Entered: 11/7/2008 Order on Motion to Appear Pro Hac Vice
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Sean Murphy's motion for leave to appear pro hac vice for Defendants First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II, First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, First Trust Portfolios L.P., First Trust Advisors L.P., and Valhalla Capital Partners LLC 46 is granted; Peter Mougey's motion for leave to appear pro hac vice for Plaintiff is granted. Mailed notice. (jj, ) (Entered: 11/07/2008)
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Legal Document (Payment Possibly Required) 49 Filed: 10/28/2008, Entered: 11/7/2008 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice by Peter J. Mougey. Filing fee $ 50, receipt number 4624010999. (Exhibits). (jj, ) (Entered: 11/07/2008)
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Legal Document (Payment Possibly Required) 48 Filed: 11/6/2008, Entered: 11/6/2008 Notice of Motion
NOTICE of Motion by Todd Edward Pentecost for presentment of motion to substitute attorney, 47 before Honorable Samuel Der-Yeghiayan on 11/13/2008 at 09:00 AM. (Pentecost, Todd) (Entered: 11/06/2008)
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Legal Document (Payment Possibly Required) 47 Filed: 11/6/2008, Entered: 11/6/2008 Motion to Substitute Attorney
MOTION by Defendants First Trust Strategic High Income Fund III, Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster, First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II to substitute attorney (Pentecost, Todd) (Entered: 11/06/2008)
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Blank 46 Filed: 11/3/2008, Entered: 11/3/2008 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003244804. (Murphy, Sean) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 45 Filed: 11/3/2008, Entered: 11/3/2008 Order on Motion to Reassign Case
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Defendants' motion for finding of relatedness and for reassignment of Evans v. First Trust Advisors (08 C 5378) based on relatedness to Gosselin v. First Trust Advisors (08 C 5213) pending before this Court 20 is granted. Status hearing set for 11/18/08 to stand. Mailed notice (mw, ) (Entered: 11/03/2008)
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Legal Document (Payment Possibly Required) 44 Filed: 10/29/2008, Entered: 10/29/2008 Attorney Appearance
ATTORNEY Appearance for Plaintiff Roger J. Gosselin by Andrew S Friedman (Friedman, Andrew) (Entered: 10/29/2008)
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Legal Document (Payment Possibly Required) 43 Filed: 10/21/2008, Entered: 10/21/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to Valhalla Capital Partners LLC on 10/15/2008, answer due 11/4/2008. (Miller, Marvin) (Entered: 10/21/2008)
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Legal Document (Payment Possibly Required) 42 Filed: 10/16/2008, Entered: 10/16/2008 Attorney Appearance
ATTORNEY Appearance for Defendants James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P. by Derek S. Holland Appearance for Defendants James A. Bowen, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P. (Holland, Derek) (Entered: 10/16/2008)
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Legal Document (Payment Possibly Required) 41 Filed: 10/16/2008, Entered: 10/16/2008 Attorney Appearance
ATTORNEY Appearance for Defendants James A. Bowden, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P. by Steven Russell Smith Appearance for Defendants James A. Bowen, Mark R. Bradley, First Trust Advisors L.P., First Trust Portfolios L.P. (Smith, Steven) (Entered: 10/16/2008)
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Legal Document (Payment Possibly Required) 40 Filed: 10/15/2008, Entered: 10/16/2008 Order on Motion to Appear Pro Hac Vice
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Motion hearing held. Defendants First Trust Strategic High Income Fund III, Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster, First Trust Strategic High Income Fund, and First Trust Strategic High Income Fund II's motion to reassign case based on relatedness 20 is entered and continued. Defendants' responsive pleadings are hereby stayed until further order of the Court. Plaintiff's motion for extension of time to answer or otherwise plead 18 is stricken as moot. Andrew Freidman's motion for leave to appear pro hac vice for Plaintiff 12 is granted. Brigid Gies, Elisabeth Gray, and Janet Jakuubowicz's motion for leave to appear pro hac vice for Defendant Hilliard Lyons Asset Management 33 , 34 , 35 are granted. Mailed notice. (jj, ) (Entered: 10/16/2008)
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Legal Document (Payment Possibly Required) 39 Filed: 10/16/2008, Entered: 10/16/2008 Attorney Appearance
ATTORNEY Appearance for Defendant Hilliard Lyons Asset Management by Brigid O. Gies (Gies, Brigid) (Entered: 10/16/2008)
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Legal Document (Payment Possibly Required) 38 Filed: 10/16/2008, Entered: 10/16/2008 Attorney Appearance
ATTORNEY Appearance for Defendant Hilliard Lyons Asset Management by Janet P. Jakubowicz (Jakubowicz, Janet) (Entered: 10/16/2008)
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Legal Document (Payment Possibly Required) 37 Filed: 10/10/2008, Entered: 10/15/2008 Alias Summons Issued
ALIAS Summons Issued as to Valhalla Capital Partners LLC. (gmr, ) (Entered: 10/15/2008)
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Legal Document (Payment Possibly Required) 36 Filed: 10/15/2008, Entered: 10/15/2008 Attorney Appearance
ATTORNEY Appearance for Defendant Hilliard Lyons Asset Management by Elisabeth S. Gray , Janet P. Jakubowicz, Brigid O. Gies (Gray, Elisabeth) (Entered: 10/15/2008)
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Legal Document (Payment Possibly Required) 35 Filed: 10/15/2008, Entered: 10/15/2008 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003189859. (Jakubowicz, Janet) (Entered: 10/15/2008)
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Legal Document (Payment Possibly Required) 34 Filed: 10/15/2008, Entered: 10/15/2008 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003189757. (Gray, Elisabeth) (Entered: 10/15/2008)
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Legal Document (Payment Possibly Required) 33 Filed: 10/15/2008, Entered: 10/15/2008 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003189626. (Gies, Brigid) (Entered: 10/15/2008)
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Legal Document (Payment Possibly Required) 32 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to First Trust Strategic High Income Fund on 9/22/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 31 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to David M. Oster on 10/3/2008, answer due 10/23/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 30 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to First Trust Portfolios L.P. on 9/22/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 29 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to First Trust Advisors L.P. on 9/22/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 28 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to First Trust Strategic High Income Fund II on 9/22/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 27 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to First Trust Strategic High Income Fund III on 9/22/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 26 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to James A. Bowden on 9/22/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 25 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to Mark R. Bradley on 9/22/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 24 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to Richard E. Erickson on 9/26/2008, answer due 10/16/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 23 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to Thomas R. Kadlec on 9/22/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 22 Filed: 10/13/2008, Entered: 10/13/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to Robert F. Keith on 9/22/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 10/13/2008)
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Legal Document (Payment Possibly Required) 21 Filed: 10/10/2008, Entered: 10/10/2008 Notice of Motion
NOTICE of Motion by John William Rotunno for presentment of motion to reassign case, 20 before Honorable Samuel Der-Yeghiayan on 10/15/2008 at 09:00 AM. (Rotunno, John) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 20 Filed: 10/10/2008, Entered: 10/10/2008 Motion to Reassign Case
MOTION by Defendants First Trust Strategic High Income Fund III, Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster, First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II to reassign case based on relatedness (Attachments: # 1 Exhibit Gosselin Complaint, # 2 Exhibit Evans Complaint)(Rotunno, John) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 19 Filed: 10/10/2008, Entered: 10/10/2008 Notice of Motion
NOTICE OF AGREED MOTION FOR EXTENSION OF TIME AND TO ESTABLISH A BRIEFING SCHEDULE NOTICE of Motion by Lori Ann Fanning for presentment of extension of time 18 before Honorable Samuel Der-Yeghiayan on 10/16/2008 at 09:00 AM. (Fanning, Lori) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 18 Filed: 10/10/2008, Entered: 10/10/2008 extension of time
MOTION by Plaintiff Roger J. Gosselin for extension of time AGREED MOTION (1) For An Extension of Time To Answer Or Otherwise Plead, and (2) To Establish A Briefing Schedule and Exhibit A (Agreed Order) (Fanning, Lori) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 17 Filed: 10/10/2008, Entered: 10/10/2008 Certificate
CERTIFICATE of Service for Attorney Appearances (Pentecost, Todd) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 16 Filed: 10/10/2008, Entered: 10/10/2008 Attorney Appearance
ATTORNEY Appearance for Defendants First Trust Strategic High Income Fund III, Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster, First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II by Sara Elizabeth Robinson (Robinson, Sara) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 15 Filed: 10/10/2008, Entered: 10/10/2008 Attorney Appearance
ATTORNEY Appearance for Defendants First Trust Strategic High Income Fund III, Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster, First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II by Todd Edward Pentecost (Pentecost, Todd) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 14 Filed: 10/10/2008, Entered: 10/10/2008 Attorney Appearance
ATTORNEY Appearance for Defendants First Trust Strategic High Income Fund III, Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster, First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II by Kenneth E. Rechtoris (Rechtoris, Kenneth) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 13 Filed: 10/10/2008, Entered: 10/10/2008 Attorney Appearance
ATTORNEY Appearance for Defendants First Trust Strategic High Income Fund III, Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster, First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II by John William Rotunno (Rotunno, John) (Entered: 10/10/2008)
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Legal Document (Payment Possibly Required) 12 Filed: 10/9/2008, Entered: 10/9/2008 Motion to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003179470. (Friedman, Andrew) (Entered: 10/09/2008)
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Legal Document (Payment Possibly Required) 11 Filed: 9/30/2008, Entered: 9/30/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to Niel B. Nielson on 9/23/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 09/30/2008)
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Legal Document (Payment Possibly Required) 10 Filed: 9/30/2008, Entered: 9/30/2008 Summons Returned Executed
SUMMONS Returned Executed by Roger J. Gosselin as to Hilliard Lyons Asset Management on 9/23/2008, answer due 10/14/2008. (Miller, Marvin) (Entered: 09/30/2008)
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Legal Document (Payment Possibly Required) 9 Filed: 9/25/2008, Entered: 9/26/2008 Alias Summons Issued
ALIAS Summons Issued as to Valhalla Capital Partners LLC. (jj, ) (Entered: 09/26/2008)
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Legal Document (Payment Possibly Required) 8 Filed: 9/24/2008, Entered: 9/25/2008 Alias Summons Issued
ALIAS Summons Issued as to Valhalla Capital Partners LLC. (jj, ) (Entered: 09/25/2008)
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Legal Document (Payment Possibly Required) 7 Filed: 9/24/2008, Entered: 9/24/2008 Set/Reset HearingsCourt Filing
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Initial status hearing set for 11/18/08 at 9:00 a.m. At least four working days before the initial status hearing, the parties shall conduct a FRCP 26(f) conference and file a joint written Initial Status Report, not to exceed five pages in length, and file the Court's Joint Jurisdictional Status Report and deliver courtesy copies to this Court's chambers. The Court's standing orders on the Initial Status Report and Joint Jurisdictional Status Report maybe obtained from Judge Der-Yeghiayan's web page or from this Court's Courtroom Deputy. Counsel for the Plaintiff is warned that failure to serve summons and complaint on Defendants will result in a dismissal of the action and/or a dismissal of that Defendant not properly served pursuant to FRCP 4. Counsel for Plaintiff is further directed to file with the Clerk of Court, the appropriate returns of service and/or waivers of service. Mailed notice (mw, ) (Entered: 09/24/2008)
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Legal Document (Payment Possibly Required) 6 Filed: 9/12/2008, Entered: 9/15/2008 Summons Issued
SUMMONS Issued as to Defendants First Trust Strategic High Income Fund III, James A. Bowden, Mark R. Bradley, Richard E. Erickson, Thomas R. Kadlec, Robert F. Keith, Niel B. Nielson, David M. Oster, First Trust Advisors L.P., Hilliard Lyons Asset Management, Valhalla Capital Partners LLC, First Trust Portfolios L.P., First Trust Strategic High Income Fund, First Trust Strategic High Income Fund II. (rp, ) (Entered: 09/15/2008)
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Legal Document (Payment Possibly Required) 4 Filed: 9/12/2008, Entered: 9/15/2008 Attorney Appearance
ATTORNEY Appearance for Plaintiff Roger J. Gosselin by Lori Ann Fanning. (rp, ) (Entered: 09/15/2008)
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Legal Document (Payment Possibly Required) 3 Filed: 9/12/2008, Entered: 9/15/2008 Attorney Appearance
ATTORNEY Appearance for Plaintiff Roger J. Gosselin by Marvin Alan Miller. (rp, ) (Entered: 09/15/2008)
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Legal Document (Payment Possibly Required) 2 Filed: 9/12/2008, Entered: 9/15/2008 Civil Cover Sheet
CIVIL Cover Sheet. (rp, ) (Entered: 09/15/2008)
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Blank 1 Filed: 9/12/2008, Entered: 9/15/2008 Complaint
COMPLAINT filed by Roger J. Gosselin; Jury Demand. Filing fee $ 350. (Exhibits)(rp, ) (Entered: 09/15/2008)
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