LEAD PLAINTIFF'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF FINAL APPROVAL OF SETTLEMENT WITH ARTHUR ANDERSEN LLP OF CONTINGENT PAYMENT CLAIM AND IN FURTHER SUPPORT OF LEAD COUNSEL'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES re: (25 in 1:02-cv-04973-DLC, 25 in 1:02-cv-04973-DLC, 25 in 1:02-cv-04973-DLC, 26 in 1:02-cv-09516-DLC, 26 in 1:02-cv-09516-DLC, 26 in 1:02-cv-09516-DLC, 41 in 1:03-cv-02841-DLC, 41 in 1:03-cv-02841-DLC, 41 in 1:03-cv-02841-DLC, 31 in 1:02-cv-05224-DLC, 31 in 1:02-cv-05224-DLC, 31 in 1:02-cv-05224-DLC, 40 in 1:02-cv-03647-DLC, 40 in 1:02-cv-03647-DLC, 40 in 1:02-cv-03647-DLC, 26 in 1:02-cv-08229-DLC, 26 in 1:02-cv-08229-DLC, 26 in 1:02-cv-08229-DLC, 27 in 1:02-cv-08228-DLC, 27 in 1:02-cv-08228-DLC, 27 in 1:02-cv-08228-DLC, 26 in 1:02-cv-09514-DLC, 26 in 1:02-cv-09514-DLC, 26 in 1:02-cv-09514-DLC, 32 in 1:02-cv-03537-DLC, 32 in 1:02-cv-03537-DLC, 32 in 1:02-cv-03537-DLC, 26 in 1:02-cv-09519-DLC, 26 in 1:02-cv-09519-DLC, 26 in 1:02-cv-09519-DLC, 30 in 1:02-cv-04946-DLC, 30 in 1:02-cv-04946-DLC, 30 in 1:02-cv-04946-DLC, 30 in 1:02-cv-05057-DLC, 30 in 1:02-cv-05057-DLC, 30 in 1:02-cv-05057-DLC, 21 in 1:03-cv-06229-DLC, 21 in 1:03-cv-06229-DLC, 21 in 1:03-cv-06229-DLC, 26 in 1:02-cv-08234-DLC, 26 in 1:02-cv-08234-DLC, 26 in 1:02-cv-08234-DLC, 31 in 1:02-cv-03416-DLC, 31 in 1:02-cv-03416-DLC, 31 in 1:02-cv-03416-DLC, 27 in 1:02-cv-09521-DLC, 27 in 1:02-cv-09521-DLC, 27 in 1:02-cv-09521-DLC, 25 in 1:03-cv-03592-DLC, 25 in 1:03-cv-03592-DLC, 25 in 1:03-cv-03592-DLC, 26 in 1:02-cv-08226-DLC, 26 in 1:02-cv-08226-DLC, 26 in 1:02-cv-08226-DLC, 29 in 1:02-cv-03771-DLC, 29 in 1:02-cv-03771-DLC, 29 in 1:02-cv-03771-DLC, 27 in 1:02-cv-05108-DLC, 27 in 1:02-cv-05108-DLC, 27 in 1:02-cv-05108-DLC, 29 in 1:02-cv-04958-DLC, 29 in 1:02-cv-04958-DLC, 29 in 1:02-cv-04958-DLC, 36 in 1:02-cv-04990-DLC, 36 in 1:02-cv-04990-DLC, 36 in 1:02-cv-04990-DLC, 26 in 1:02-cv-09513-DLC, 26 in 1:02-cv-09513-DLC, 26 in 1:02-cv-09513-DLC, 26 in 1:02-cv-09515-DLC, 26 in 1:02-cv-09515-DLC, 26 in 1:02-cv-09515-DLC, 30 in 1:02-cv-05087-DLC, 30 in 1:02-cv-05087-DLC, 30 in 1:02-cv-05087-DLC, 28 in 1:02-cv-08230-DLC, 28 in 1:02-cv-08230-DLC, 28 in 1:02-cv-08230-DLC, 34 in 1:02-cv-03508-DLC, 34 in 1:02-cv-03508-DLC, 34 in 1:02-cv-03508-DLC, 29 in 1:02-cv-08227-DLC, 29 in 1:02-cv-08227-DLC, 29 in 1:02-cv-08227-DLC, 34 in 1:02-cv-05285-DLC, 34 in 1:02-cv-05285-DLC, 34 in 1:02-cv-05285-DLC, 32 in 1:02-cv-04719-DLC, 32 in 1:02-cv-04719-DLC, 32 in 1:02-cv-04719-DLC) MOTION to Approve llll. MOTION for Attorney Fees. MOTION llll. Document filed by Thomas P. DiNapoli.Filed In Associated Cases: 1:02-cv-03288-DLC et al.(djc) (Entered: 12/17/2012)
JUDGMENT approving settlement with Arthur Andersen LLP of Contingent Payment claim. (Signed by Judge Denise L. Cote on 12/14/12) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:02-cv-03288-DLC et al.(ml) (Entered: 12/17/2012)
ORDER REGARDING REISSUANCE OF UNCASHED CHECKS: The Court hereby authorizes the Notice and Claims Administrator, The Garden City Group, Inc. to reissue uncashed checks from the third distribution of the settlement proceeds in this Litigation for claim no. 2500756 in the amount of $9.30, claim no. 6216023 in the amount of $32.22, and claim no. 6202423 in the amount of $45.75. SO ORDERED. (Signed by Judge Denise L. Cote on 12/14/2012) (ama) (Entered: 12/14/2012)
ORDER AWARDING ATTORNEYS' FEES AND EXPENSES: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: This Order incorporates by reference the definitions in the Agreement Between Lead Plaintiff and Arthur Andersen LLP Concerning Contingent Payment Claim, dated September 27, 2012 (the "Agreement") and the Stipulation of Settlement between Lead Plaintiff and Andersen dated April 22, 2005 (the "WorldCom Stipulation of Settlement") and all terms not otherwise defined herein shall have the same meanings as set forth in the Agreement or the WorldCom Stipulation of Settlement. And as set forth herein. SO ORDERED. (Signed by Judge Denise L. Cote on 12/14/2012) (ama) (Entered: 12/14/2012)
MEMORANDUM OF LAW IN Support OF FINAL APPROVAL OF SETTLEMENT WITH ARTHUR ANDERSEN LLP OF CONTINGENT PAYMENT CLAIM AND IN SUPPORT OF LEAD COUNSEL'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES. re: (21 in 1:03-cv-06229-DLC, 21 in 1:03-cv-06229-DLC, 21 in 1:03-cv-06229-DLC, 25 in 1:03-cv-03592-DLC, 25 in 1:03-cv-03592-DLC, 25 in 1:03-cv-03592-DLC). MOTION to Approve. MOTION for Attorney Fees. filed In Associated Cases: 1:02-cv-03288-DLC et al.(djc) (Entered: 12/05/2012)
NOTICE OF LEAD PLAINTIFF'S MOTION for final approval of settlement with Arthur Andersen LLP of Contingent Payment Claim and Lead Counsel's MOTION for Attorney Fees and MOTION for Reimbursement of Expenses. Filed In Associated Cases: 1:02-cv-03288-DLC et al. with Memorandum of Law in Support.(djc) (Entered: 11/29/2012)
ORDER PRELIMINARILY APPROVING SETTLEMENT WITH ARTHUR ANDERSEN LLP OF CONTINGENT PAYMENT CLAIM AND PROVIDING FOR NOTICE: It is hereby ordered 1. For purposes of this Order, the Court adopts all defined terms as set forth in the Agreement or in the World Com Stipulation of Settlement. 2. The Court preliminarily approves the Settlement, as reflected in the Agreement,as being fair, just, reasonable and adequate, pending a final hearing on the Settlement. 3. Institution or prosecution of any action or claim that is subject to the release or dismissal provisions contemplated by the Settlement is hereby enjoined pending further order of the Court. 4. The Court approves the continued retention of The Garden City Group, Inc. as the Notice and Claims Administrator (the "Administrator") to supervise and administer the notice procedure and the distribution of the Net WorldCom Settlement Amount to Authorized Claimants. 5. Lead Plaintiff, through the Administrator, shall disseminate notice of the Settlement, including notice of the hearing on the proposed Settlement and Lead Counsel's motion for an award of attorneys' fees and reimbursement of expenses, as follows: not later than 14 days after entry of this order (the "Notice Date"), the Lead Counsel and Administrator shall cause the Notice, substantially in the form attached hereto as Exhibit 2, to be published on www.worldcomlitigation.com and on Lead Counsel's websites www.blbglaw.com and www.barrack.com, and the Summary Notice, substantially in the form attached hereto as Exhibit 3, to be published through PR Newswire and mailed directly to all World Com Class Members who cashed all of their prior distributions from the proceeds of the WorldCom Settlements and thus, pursuant to prior Order of this Court, are eligible to receive additional distributions, subject to the limitation that they would receive at least $5.00 in the next distribution (which shall be determined on the assumption that the proposed Settlement and the application for an award of attorneys' fees and reimbursement of expenses are approved and the Effective Date occurs).as provided in the Summary Notice, the Administrator shall mail or email a printed copy of the Notice to any WorldCom Class Member who requests such a copy by mail, email or telephone prior to the Settlement Hearing; and not later than 7 days prior to the Settlement Hearing, Lead Counsel shall serve on Andersen and file with the Court proof, by affidavit or declaration, of such public action and dissemination of the Notice and the Summary Notice. The Court approves, as to form and content, the Notice and the Summary Notice and finds that the procedures established for the publication and dissemination of the Notice and the Summary Notice substantially in the manner and form set forth in paragraph 5 of this Order meet the requirements of Rules 23(e)(l) and 23(h)(l) of the Federal Rules of Civil Procedure,and due process, and constitute notice that is reasonable, under the circumstances, to apprise WorldCom Class Members of the effect of the proposed Settlement and of their right to appear at the Settlement Hearing and object to the proposed Settlement and/or the motion for an award of attorneys' fees and reimbursement of expenses. The costs of providing notice shall be paid from the World Com Settlement Amount as provided in the Agreement without further order of the Court. The Court will hold a settlement hearing (the "Settlement Hearing") on December 14, 2012 at 2:00 p.m. in Courtroom 15B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY, at which time the Court shall (a) determine whether the proposed Settlement on the terms and conditions provided for in the Agreement is fair, reasonable, and adequate and should be approved; (b) determine whether a Judgment substantially in the form attached as Exhibit B to the Agreement should be entered; (c) determine whether the motion by Lead Counsel for an award of attorneys' fees and reimbursement of expenses should be approved; and (d) consider any other matters that may properly be brought before the Court in connection with the Settlement. Lead Counsel shall file and serve papers in support of the Settlement and Lead Counsel's motion for an award of attorneys' fees and reimbursement of expenses no later than_ 35 days prior to the Settlement Hearing; if reply papers are necessary, they are to be filed and served no later than 7 days prior to the Settlement Hearing. Any WorldCom Class Member may appear at the Settlement Hearing to show cause, if he, she or it has any cause, why the proposed Settlement and/or Lead Counsel's motion for an award of attorneys' fees and reimbursement of expenses should or should not be approved; provided, however, that no WorldCom Class Member shall be heard or entitled to contest the approval of the terms and conditions of the proposed Settlement and/or the motion for an award of attorneys' fees and reimbursement of expenses unless that person or entity has filed a written objection with the Court and served copies of such objection in the manner provided in the Notice such that it is received no later than 21 days prior to the Settlement Hearing on each of the following attorneys set forth below. All other provisions as set forth in this order (Signed by Judge Denise L. Cote on 10/2/2012) (js) Modified on 10/2/2012 (js). (Entered: 10/02/2012)
ORDER: Accordingly, it is hereby ORDERED that unless Metcalf provides appropriate documentation of Davis' transactions in WorldCom stock sufficient to permit GCG to determine whether she is entitled to any payment from the WorldCom Settlement Fund, Metcalf's claim must be denied. IT IS FURTHER ORDERED that in the event Metcalf supplies GCG with sufficient documentation, it will be necessary to address whether Metcalf made a timely claim or has otherwise shown that she should be paid from the WorldCom Settlement Fund. IT IS FURTHER ORDERED that lead plaintiffs' counsel shall promptly serve a copy of this Order on Metcalf. (Signed by Judge Denise L. Cote on 8/23/2010) Copies Sent By Chambers. (tro) (Entered: 08/23/2010)
MANDATE of USCA (Certified Copy) as to Notice of Appeal, filed by William K. Holmes, Brew Dog, LLC, EBH Investments Co., LLC, Holmes Capital, LLC, (3251 in 1:02-cv-03288-DLC) Notice of Appeal, filed by William K. Holmes, Brew Dog, LLC, EBH Investments Co., LLC, Holmes Capital, LLC USCA Case Number 06-5246-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/11/2010. (nd) (Entered: 08/11/2010)
ENDORSED LETTER addressed to Judge Denise L. Cote from Jeffrey W. Golan dated 5/12/2010 re: Given the circumstances presented by Ms. Meiresonne's request for the re-issuance of the second distribution checks and issuance of third distribution checks for her children's accounts, we respectfully seek the Court's ruling on whether GCG is authorized to issue the checks at this time. ENDORSEMENT: The request to re-issue the checks to Ms. Meiresonne is granted. (Signed by Judge Denise L. Cote on 5/13/2010) (tve) (Entered: 05/13/2010)
ENDORSED LETTER addressed to Judge Denise L. Cote from Jeffrey W. Golan dated 5/12/2010 re: Given the circumstances presented by AMP Capital's request for a second re-issuance of the checks, we respectfully seek the Court's ruling on whether GCG is authorized to re-issue the checks at this time. ENDORSEMENT: AMP Capital's request to re-issue the checks a second time is denied. (Signed by Judge Denise L. Cote on 5/13/2010) (tve) (Entered: 05/13/2010)
ENDORSED LETTER addressed to Judge Denise L. Cote from Rochelle Feder Hansen dated 3/18/2010 re: Counsel writes to bring to the Court's attention a request that we have received from BlackRock Financial ("BlackRock") on behalf of its client class member AXA Premier Funds ("AXA"). ENDORSEMENT: Understanding that the check was sent to BlackRock, which forwarded it to J.P. Morgan. The request to reissue is denied. So Ordered. (Signed by Judge Denise L. Cote on 3/18/2010) (jfe) (Entered: 03/18/2010)
ORDER: that lead plaintiff's counsel shall coordinate with The Garden City Group ("GCG") to reissue a settlement distribution check in the amount of $1,429.24 to Mr. Berch. SO ORDERED. (Signed by Judge Denise L. Cote on 3/5/2010) (tve) (Entered: 03/08/2010)
ORDER EXTENDING CHECK REISSUE BAR DATE, that this Order incorporates by reference the definitions in the Stipulations and all terms used herein shall have the same meanings as set forth in the Stipulations. Check reissue requests will be accepted as long as they are actually received by GCG by its close of business on December 14, 2009. (Signed by Judge Denise L. Cote on 11/30/09) (pl) (Entered: 11/30/2009)
ORDER: Accordingly, it is hereby ORDERED that the objection raised by E. Bruce Barber and Louise J. Barber to the rejection of their claim is denied. IT IS FURTHER ORDERED that GCG shall serve a copy of this Order on the Barbers. (Signed by Judge Denise L. Cote on 9/30/2009) Copies Mailed By Chambers.(jpo) (Entered: 09/30/2009)
ORDER APPROVING FINAL DISTRIBUTION PLAN: Lead Plaintiff's plan for final distribution of the Net Settlement Fund toAuthorized Claimants is APPROVED, as set forth herein. (Signed by Judge Denise L. Cote on 9/18/2009) Filed In Associated Cases: 1:02-cv-03288-DLC et al. Copies Mailed By Chambers.(jpo) (Additional attachment(s) added on 9/23/2009: # 1 Main Document) (ae). (Signed by Judge Denise L. Cote on 9/18/2009) Filed In Associated Cases: 1:02-cv-03288-DLC et al. (Entered: 09/23/2009)
ORDER that the 25 claims are denied in whole, and 1 claim is denied in part, as recommended by GCG. IT IS FURTHER ORDERED that GCG shall send a copy of this Order to all claimants affected by it. SO ORDERED (Signed by Judge Denise L. Cote on 9/14/2009) (jmi) (Entered: 09/15/2009)
ORDER that the 43 claims, representing purchases or acquisitions that were made in whole outside the class period, are denied. IT IS FURTHER ORDERED that the 2 claims where purchases or acquisitions were made in part outside the class period are accepted only as to those purchases and acquisitions that occurred within the class period. IT IS FURTHER ORDERED that GCG shall send a copy of this Opinion and Order to all claimants affected by it. SO ORDERED (Signed by Judge Denise L. Cote on 9/14/2009) (jmi) (Entered: 09/15/2009)
ORDER that those of the 37 claims that have not been resolved are denied, in whole or in part, as recommended by GCG. IT IS FURTHER ORDERED that GCG shall send a copy of this Order to all claimants affected by it. SO ORDERED (Signed by Judge Denise L. Cote on 9/14/2009) (jmi) (Entered: 09/15/2009)
ORDER granting 3334 Motion for Disbursement of Funds. That, having considered all of the objections to GCG's calculations of payments due, Lead Plaintiff's April 23, 2009 motion for approval of final distribution plan is granted to the extent that it applies to the 518 objections to GCG's calculation of claims. IT IS FURTHER ORDERED that GCG shall send a copy of this Opinion and Order to all claimants affected by it. SO ORDERED(Signed by Judge Denise L. Cote on 9/14/2009) (jmi) (Entered: 09/15/2009)
OPINION AND ORDER #98023 that GCG's recommendation to reject the claims of those who submitted requests for exclusion and who did not revoke those requests on or before February 19, 2005, is accepted with one reservation. A separate Order issued on July 29, 2009 with respect to E. Bruce and Louise Barber requesting further information. IT IS FURTHER ORDERED that GCG shall send a copy of this Opinion and Order to all claimants affected by it. SO ORDERED. (Signed by Judge Denise L. Cote on 9/14/2009) (jmi) Modified on 9/16/2009 (eef). (Entered: 09/15/2009)
ORDER: It is hereby ordered that by August 28, 2009, GCG respond to the following three objections, as set forth herein. It is further ordered that GCG shall send a copy of this Order to all claimants affected by it. (Signed by Judge Denise L. Cote on 8/13/2009) Copies Mailed By Chambers.(jpo) (Entered: 08/13/2009)
ORDER: It is hereby ORDERED that Lead Counsel for the class shall contact the Barbers to determine whether they contend that they did not authorize Sandor Grossman to opt-out of the class on their behalf. If the Barbers deny giving such authorization, Lead Counsel shall request an explanation from Mr. Grossman for the submission of the exclusion request on behalf of the Barbers. IT IS FURTHER ORDERED that Lead Counsel shall file a report on this matter by September 11, 2009, with copies to the Barbers, Mr. Grossman, and GCG. IT IS FURTHER ORDERED that the Barbers may respond in writing to the September 11, 2009 report by writing to this Court no later than September 25, 2009. (Signed by Judge Denise L. Cote on 7/28/2009) Copies Mailed By Chambers.(jpo) (Entered: 07/29/2009)
SUPPLEMENTAL REPLY DECLARATION of Shandarese Garr in Further Support re: 3334 MOTION for Disbursement of Funds. Certificate of Service attached. (sac) (Entered: 07/21/2009)
COMPENDIUM OF RESPONSES from Disputed Rejected Claimants and Payment Objectors. Filed In Associated Cases: 1:02-cv-03288-DLC et al.(sac) (Entered: 06/26/2009)
REPLY DECLARATION of Shandarese Garr in Support re: 3334 LEAD PLAINTIFF'S NOTICE OF MOTION FOR APPROVAL OF FINAL DISTRIBUTION PLAN; for an order, approving Lead Plaintiff's final distrubution plan for the Net Settlement Fund in this action. (sac) (Entered: 06/26/2009)
DECLARATION of Shandarese Garr in Support re: 3334 LEAD PLAINTIFF'S NOTICE OF MOTION FOR APPROVAL OF FINAL DISTRIBUTION PLAN; for an order, approving Lead Plaintiff's final distrubution plan for the Net Settlement Fund in this action. Document filed by Thomas P. DiNapoli. (sac) (Entered: 04/24/2009)
LEAD PLAINTIFF'S NOTICE OF MOTION FOR APPROVAL OF FINAL DISTRIBUTION PLAN; for an order, approving Lead Plaintiff's final distrubution plan for the Net Settlement Fund in this action. Document filed by Thomas P. DiNapoli.Filed In Associated Cases: 1:02-cv-03288-DLC et al.(sac) (Entered: 04/24/2009)
MANDATE of USCA (Certified Copy) as to 3309 Notice of Appeal, filed by Marvin Davis, Howard Gimbel USCA Case Number 07-5149-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 3/24/2009. (nd) (Entered: 03/25/2009)
MANDATE of USCA (Certified Copy) USCA Case Number 03-9350. Pending before the court is the appeal of Citigroup Inc., Citigroup Global Markets Inc. and Jack Grubman from the October 24, 2003 order of the United States District Court for the Southern District of New York (Denise Cote, Judge) certifying a plaintiff class. The parties to the appeal have advised us that they have agreed on the terms of a settlement which will be submitted to the District Court for approval. Accordingly: (1) Our consideration of this appeal is suspended until such time as the parties proposed settlement has been approved or disapproving by the District Court and all appeals from any orders approving or disapproving such settlement have been resolved, or the time for any such appeals has expired. The parties shall advise this court promptly upon such resolution or expiration. (2) Though this appeal will remain pending before us, the issue of class certification is returned to the docket of the District Court for purposes of determining whether the parties class settlement should be approved. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/9/2008. (nd) (Entered: 12/10/2008)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 3125 Notice of Appeal, filed by Terry Neal USCA Case Number 06-2036-cv. The undersigned counsel for the parties hereby stipulate that the above captioned appeal is hereby withdrawn from active consideration from the Court, such withdrawal to be without prejudice to a reactivation of the appeal by appellant's counsel so notifying the Clerk of this Court in writing by April 30, 2007. If not thus reactivated the appeal shall be subject to dismissal with prejudice. Withdrawal of the appeal from active consideration shall NOT operate as a dismissal of the appeal under FRAP 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 10/2/2008. (nd) (Entered: 10/06/2008)
ORDER For the reasons set forth in this order, the decision rendered by the court on March 21, 2006 is reinstated. The arbitration panels award of damages to the Riches, including the award of interest and attorneys fees, is vacated. The decision to dismiss the cross-claims against Salomon is again confirmed. (Signed by Judge Denise L. Cote on 8/11/08) Copies Mailed By Chambers.(mme) (Entered: 08/11/2008)
ORDER It is hereby ordered that the clerk of court shall close the master case file: 02 Civ. 3288. (Signed by Judge Denise L. Cote on 8/4/08) Filed In Associated Cases: 1:02-cv-03288-DLC et al.(mme) (Entered: 08/04/2008)
ORDER: that the arbitrators shall comply with the 3/12 Order by 7/31/2008. Plaintiffs shall promptly serve the individual arbitrators with this Court's decision of 3/21/2006, the 3/12 Order, this Order, and the Second Circuit Opinion of 2/8. FINRA shall promptly provide the plaintiffs with all contact information in its possession for the individual arbitrators, or advise plaintiffs that the individual arbitrators have agreed that FINRA may accept service on their behalf. In the event that the arbitrators do not comply by 7/31/2008, that any party to this litigation may bring by 8/8/2008 an order to show cause why the individual arbitrators should not be held in contempt. The order to show cause shall make opposition due on 8/22, and shall be returnable on 9/5/2008 at Noon. SO ORDERED. (Signed by Judge Denise L. Cote on 7/3/2008) Copies Mailed By Chambers.(tve) (Entered: 07/03/2008)
Costs Taxed as to 3303 USCA Mandate. USCA Case Number 05-6979-cv. in the amount of $1891.80. Docketed as Judgment #08,0984 on 6/5/2008 in favor of Plaintiffs-Appellants Alaska State Pension Investment Bd et al. against Defendants-Appellees (Caboto Gruppo Intesa Bci and Caboto Holdings SIM s.p.A.). (nd) (Entered: 06/06/2008)
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 3309 Notice of Appeal, filed by Marvin Davis, Howard Gimbel USCA Case Number 07-5149-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (Entered: 06/04/2008)
TRUE COPY ORDER of USCA as to 3309 Notice of Appeal, filed by Marvin Davis, Howard Gimbel USCA Case Number 07-5149-cv. PLEASE TAKE NOTICE that pursuant to the March 17, 2008 Stipulation Withdrawing Appeal from Active Consideration withleave to Reactivate. Howard Gimbel and Marvin Davis give notice to the Clerk of the Second Circuit to reactivate the above caption appeal. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 05/01/08. (dt) (Entered: 05/05/2008)
ORDER AUTHORIZING REMAINDER DISTRIBUTION AND OTHER ADMINISTRATIVE ACTS, in case 1:03-cv-09490-DLC; granting (3322) Motion to Authorize in case 1:02-cv-03288-DLC. The remaining balance of the settlement fund ($1,000.14 plus any accrued interest to date) shall be distributed to the Benjamin N. Cardozo School of Law, and as further set forth in this document.. (Signed by Judge Denise L. Cote on 3/21/08) Filed In Associated Cases: 1:02-cv-03288-DLC, 1:03-cv-09490-DLC(cd) (Entered: 03/24/2008)
TRUE COPY ORDER of USCA as to 3309 Notice of Appeal, filed by Marvin Davis, Howard Gimbel USCA Case Number 07-5149-cv. The undersigned counsel for the parties hereby stipulate that the above-captioned appeal is hereby withdrawn without costs and without attorneys' fees and without prejudice, subject to reactivation of the appeal by appellant's counsel by written notice to the Clerk of the Court by 30 days after the arbitration panel in Gimbel v. UBS Financial Services et al. rules, or bu April 30, 2008, whichever comes first. If not thus timely reactivated, the appeal shall be subject to dismissal. Withdrawal of the appeal from active consideration shall not operate as a dismissal of the appeal under FRAP 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 3/19/2008. (nd) (Entered: 03/20/2008)
MOTION for an order Authorizing remainder distribution and other administrative acts. Attached is Declaration of Nicole M. Zeiss. Document filed by Ina Rosenblum.(djc) (Entered: 03/19/2008)
ORDER; that the arbitration panel that granted the 1/20/05 award to Elizabeth H. Rich and Donald Rich specify whether the WorldCom trading losses suffered by the Riches are represented in all, part, or none of the lump-sum Award and, if part, the amount thereof. Rich, Slip op. at 20. That counsel for Elizabeth H. Rich and Donald Rich shall promptly serve this Order on the arbitration panel. The parties shall submit a status letter no alter than 7/1/08. (Signed by Judge Denise L. Cote on 3/12/08) (pl) (Entered: 03/12/2008)
AFFIRMATION of David I. Greenberger in Support re: 3319 RESPONSE re: 3317 ORDER that the parties to this action show cause by 3/7/08, why the following order should not issue: On February 8, the Second Circuit vacated this Court's March 21, 2006 decision vacating the January 20, 2005 decision of a n arbitration panel a warding damages to Elizabeth H. Rich and Donal Rich, and dismissing indemnity cross-claims made by defendants Philip L. Spartis and Amy Jean Elias against defendant Salomon Smith Barney, Inc. The action was remanded to this Cour t with directions to remand action to the arbitration panel for clarification. It is hereby ORDERED that the arbitration panel that granted the January 20, 2005 award to Elizabeth H. Rich and Donal Rich "specify whether the WorldCom trading loss es suffered by the Riches are represented in all, part, or none of the lump-sum Award and, if part, the amount thereof." Rich v. Spartis, No. 06-1723-cv, slip op. at 20 (2d Cir. Feb. 8, 2008). Document filed by Amy J. Elias, Philip L. Spartis. This Document Relates to: 05cv3913. (sac) (Entered: 03/11/2008)
RESPONSE re: 3317 ORDER that the parties to this action show cause by 3/7/08, why the following order should not issue: On February 8, the Second Circuit vacated this Court's March 21, 2006 decision vacating the January 20, 2005 decision of an arbitration panel a warding damages to Elizabeth H. Rich and Donal Rich, and dismissing indemnity cross-claims made by defendants Philip L. Spartis and Amy Jean Elias against defendant Salomon Smith Barney, Inc. The action was remanded to this Court with directions to remand action to the arbitration panel for clarification. It is hereby ORDERED that the arbitration panel that granted the January 20, 2005 award to Elizabeth H. Rich and Donal Rich "specify whether the WorldCom trading losses suffered by the Riches are represented in all, part, or none of the lump-sum Award and, if part, the amount thereof." Rich v. Spartis, No. 06-1723-cv, slip op. at 20 (2d Cir. Feb. 8, 2008). Document filed by Amy J. Elias, Philip L. Spartis. This Document Relates to: 05cv3913.(sac) (Entered: 03/11/2008)
STIPULATION OF DISMISSAL WITH PREJUDICE: This action as against defendants Anderson UK; Anderson Worldwide SC; Judith Areen; Arthur Anderson, L.L.P.; Bank of America Corp.; Bank of America Securities, L.L.C.; Max E. Bobbitt; Citigroup, Inc.; Deutsche Bank AG; Deutsche Bank Alex. Brown, Inc.; Melvin Dick; John Does; Bernard J. Ebbers; Francesco Galesi; Jack Grubman; J.P. Morgan Chase & Co.; J.P. Morgan Securities, Inc.; Stiles A. Kellett, Jr; David F. Myers; John A. Porter; Salomaon Smith Barney, Inc.; Mark Schoppet; John Sidgmore; Scott D. Sullivan; Sanford Weill; ABN AMRO, Inc. and James C. Allen is dismissed with prejudice and without costs. Filed in Associated case: 05cv7432(DLC). (Signed by Judge Denise L. Cote on 2/26/08) (db) (Entered: 02/29/2008)
ORDER that the parties to this action show cause by 3/7/08, why the following order should not issue: On February 8, the Second Circuit vacated this Court's March 21, 2006 decision vacating the January 20, 2005 decision of an arbitration panel awarding damages to Elizabeth H. Rich and Donal Rich, and dismissing indemnity cross-claims made by defendants Philip L. Spartis and Amy Jean Elias against defendant Salomon Smith Barney, Inc. The action was remanded to this Court with directions to remand action to the arbitration panel for clarification. It is hereby ORDERED that the arbitration panel that granted the January 20, 2005 award to Elizabeth H. Rich and Donal Rich "specify whether the WorldCom trading losses suffered by the Riches are represented in all, part, or none of the lump-sum Award and, if part, the amount thereof." Rich v. Spartis, No. 06-1723-cv, slip op. at 20 (2d Cir. Feb. 8, 2008). (Signed by Judge Denise L. Cote on 2/13/08) Copies sent by chambers.(dle) (Entered: 02/13/2008)
ENDORSED LETTER addressed to Judge Denise L. Cote from Jeffrey Golan dated 2/5/08 re: counsel for lead plaintiff requests the Court's approval of their proposal for a mechanism through which the Court may wish to resolve issues presented by persons who have disputed either the partial or toal rejection of their claims or the payment they received from the Net Settlement Fund in this matter. ENDORSEMENT: Approved with the following amendments: 1.) The time for a response should be 30 not 20 days; 2.) The motion should be organized in a manner that allows an individual claimant to find his /her information easily; 3.) The proposed order should advise Claimant that they will be entitled to rely on this written objection and response, but will also be heard orally should the desire, have the opportunity to appear at a date that will be announced later. (Signed by Judge Denise L. Cote on 2/5/08) (dle) (Entered: 02/05/2008)
ORDER that Lead Plaintiff's 12/21/07 motion to conduct a second distribution of the net settlement fund is granted. (Signed by Judge Denise L. Cote on 1/23/08) (dle) (Entered: 01/23/2008)
TRUE COPY ORDER of USCA as to 3309 Notice of Appeal, filed by Marvin Davis, Howard Gimbel USCA Case Number 07-5149-cv. Stipulation withdrawing appeal from active consideration, without prejudice, with leave to reactivate. It not thus timely reactivated, the appeal shall be subject to dismissal. Withdrawal of the appeal from active consideration shall not operate as a dismissal of the appeal under F.R.A.P. 42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 1/16/2008. (nd) (Entered: 01/18/2008)
ORDER re: any opposition to 3310 MOTION for Disbursement of Funds is due by 1/18/2008; that Lead Plaintiff's reply is due by 1/25/2008. (Signed by Judge Denise L. Cote on 1/2/08) (sac) (Entered: 01/03/2008)
AFFIDAVIT of Shandarese Garr in Support re: 3310 MOTION for Disbursement of Funds. Document filed by Shandarese Garr, Vice President of Operations for The Garden City Group, Inc. (sac) (Entered: 01/02/2008)
JOINT DECLARATION of Jeffrey N. Leibell and Jeffrey W. Golan in Support of Lead Plaintiff's Motion to conduct a second distribution of the Net Settlement Fund re: 3310 MOTION for Disbursement of Funds.. Document filed by Thomas P. DiNapoli. Document also filed in related cases. (sac) (Entered: 01/02/2008)
LEAD PLAINTIFF'S NOTICE OF MOTION for an order, approving a second distribution of the Net Settlement Fund to an additional $1.4 Billion of the approximately $1.6 Billion currently in the Net Settlement Fund. Document filed by Thomas P. DiNapoli.(sac) (Entered: 01/02/2008)
NOTICE OF APPEAL from 3298 Permanent Injunction, 3288 Memorandum & Opinion, 3308 Memorandum & Opinion, 3301 Order. Document filed by Howard Gimbel, Marvin Davis. Filing fee $ 455.00, receipt number E 633018. Copies of Notice of Appeal mailed to attorney(s) of record: Katten Muchin Rosenman LLP. (nd) (dt). (Entered: 11/15/2007)
OPINION AND ORDER re: (3299 in 1:02-cv-03288-DLC) MOTION for Reconsideration filed by Marvin Davis, Howard Gimbel. Davis and Gimbel's motion for reconsideration is denied, and their Rule 65(d) challenge to the July 20 Order is rejected. (Signed by Judge Denise L. Cote on 10/16/07) Filed In Associated Cases: 1:02-cv-03288-DLC et al.(tro) (Entered: 10/16/2007)
NOTICE of Firm Name Change: that the law firm of Lerach Coughlin Stoia Geller Rudman & Robbins LLP has changed its name to Coughlin Stoia Geller Rudman & Robbins LLP. (This Document Relates to: All Actions) (sac) (Entered: 09/28/2007)
ORDER ON MOTION ADMITTING ATTORNEY PRO HAC VICE. Attorney Arthur W. Hahn for UBS Financial Services Inc., Christian T. Kemnitz for UBS Financial Services Inc., Christopher J. Stetler for UBS Financial Services Inc. admitted Pro Hac Vice. (Signed by Judge Denise L. Cote on 8/28/07) (sac) (Entered: 08/31/2007)
CLAIMANTS' REPLY re: 3302 MEMORANDUM OF LAW in Opposition re: 3299 MOTION for Reconsideration filed by UBS Financial Services Inc. Document filed by Howard Gimbel, Marvin Davis. (sac) (Entered: 08/31/2007)
MEMO ENDORSEMENT granting Motion to admit counsel Arthur W. Hahn, Christian T. Kemnitz, and Christopher J. Stetler pro hac vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/28/07) (kco) (Entered: 08/29/2007)
MANDATE of USCA (Certified Copy) as to 3010 Notice of Appeal,,,,,,,, filed by Minnesota State Board of Investments, California Public Employees' Retirement System, Sacramento Regional Transit District Salaried Employees Retirement Plan, State of Alaska Department of Revenue, California State Teachers' Retirement System, Heavy & General Laborers' Locals 472 & 172 Pension and Annuity Funds, Sacramento County Employees Retirement System, Ventura County Employees Retirement Association, Sonoma County Employees Retirement Association, The Maryland-National Capital Park & Planning Commission Employee's Retirement System, Washington State Investment Board, Carpenters Pension Trust for Southern California, Board of Trustees of the Teacher's Retirement System of the State of Illinois, Sacremento Regional Transit District Contract Employees Retirement Plan, Tulare County Employees Retirement Association, Contra Costa County Employees' Retirement Board, West Virginia Investment Management Board, Oakland Fire and Police Retirement System, San Bernardino County Employees Retirement Association, The Los Angeles County Employees Retirement Association USCA Case Number 05-6979-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and REMANDED for further proceedings in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 8/20/2007. (nd) (Entered: 08/23/2007)
PERMANENT INJUNCTION ORDER that Howard Gimbel and Marvin Davis including any trust, corporation etc are permanently enjoined re WorldCom proceedings, as further set forth in this document. This Court retains jurisdiction over enforcement of this injunction. (Signed by Judge Denise L. Cote on 7/20/07) (cd) (Entered: 08/03/2007)
MOTION for Reconsideration re the Opinion and Order enterd 7/11/07 and withdrawing the Injunction Order signed on 7/20/07. Document filed by Howard Gimbel, Marvin Davis.(cd) (Entered: 08/03/2007)
PERMANENT INJUNCTION: This court has jurisdiction over all of the parties and over the subject matter of this action; Howard Gimbel and Marvin Davis, including any trust, corporation, partnership, or other entity on whose behalf they could, can or will bring any legal claim, including those on whose behalf they filed Chicago Board Options Exchange Arbitration Number 06 NM 001 and each of their heirs, executors, administrators, trustees, guardians, successors and assigns are hereby permanently enjoined, from now until forever as further set forth in this order; this court retains jurisdiction over enforcement of this injunction. (Signed by Judge Denise L. Cote on 7/20/07) (dle) (Entered: 07/23/2007)
LETTER addressed to Judge Denise L Cote from Harold Hirschman dated 6/28/07 re: the UBS filing of 6/25/07 (doc #3296) and that the court reconsider the oral statement that Gimbel and Davis are enjoined from proceeding to collect WorldCom damages in the arbitration. Document filed by Howard Gimbel, Marvin Davis.(cd) (Entered: 07/19/2007)
LETTER addressed to Judge Denise L Cote from Christian Kemnitz dated 6/25/07 re: hearing held on 6/22/07. Document filed by UBS Financial Services Inc.(cd) (Entered: 07/19/2007)
LETTER addressed to Judge Denise L Cote from Harold Hirschman dated 6/19/07 re: request that the court decline to issue the requested order enjoining their claims. Document filed by Howard Gimbel, Marvin Davis.(cd) (Entered: 07/19/2007)
LETTER addressed to Judge Denise L Cote from Jay Shapiro dated 6/15/07 re: UBS Financial requests that the Court enjoin the claims of Mr. Davis and Mr. Gimbel for losses related to investments in WorldCom. Document filed by UBS Financial Services Inc.(cd) (Entered: 07/19/2007)
LETTER addressed to Judge Denise L Cote from Harold Hirschman dated 6/13/07 re: executed declarations of respondents Howard Gimbel and Marvin Davis in opposition to the injunction sought by UBS Financial. Document filed by Howard Gimbel, Marvin Davis.(cd) (Entered: 07/19/2007)
LETTER addressed to Judge Denise L Cote from Harold Hirschman dated 6/1/07 re: in opposition to the injunction sought by UBS Financial Services. Document filed by Howard Gimbel, Marvin Davis.(cd) (Entered: 07/19/2007)
LETTER addressed to Judge Denise L Cote from Jay Shapiro dated 5/11/07 re: Letter Application purs to the procedures outlined in this Court's 3/14/07 order and that the Court issue an order enjoining Mr. Gimbel and Mr. Davis from pursuing in arbitration any claims resulting from the losses in WorldCom securities. Document filed by UBS Financial Services Inc..(cd) (Entered: 07/19/2007)
LETTER addressed to Judge Denise L. Cote from Brian Poronsky dated 7/13/07 re: conversation with counsel for respondents Howard Gimbel and Marvin Davis on 7/6/07, enclosed are the letter briefs submitted by UBS Financial and respondents Howard Gimbel and Marvin Davis. Document filed by UBS Warburg LLC. (the next 7 entries)(cd) (Entered: 07/19/2007)
LETTER addressed to Judge Denise L. Cote from Christian T. Kemnitz dated 6/26/07 re: on 6/25/07, UBS Financial Services submitted a letter to this court explaining the relationship between UBS Warburg LLC and UBS Americas Inc. Attached to that letter was a copy of a declaration from Jane Nutson, Assistant Secretary for UBS Americas, Inc. Enclosed Declaration of Jane E. Nutson.. (sac) (Entered: 07/11/2007)
OPINION AND ORDER #94874; UBSFS shall submit a proposed injunction upon notice to the Claimants no later than 7/13/07. (Signed by Judge Denise L. Cote on 7/5/07) This Document Relates to: All Actions.(sac) (Entered: 07/11/2007)
LETTER addressed to Judge Denise L. Cote from Harold C. Hirshman dated 6/13/07 re: attached is Declaration of Respondents Howard Gimbel and Marvin Davis submitted in connection with their opposition to the injuction sought by UBS Fiancial Services, Inc.. (sac) (Entered: 06/26/2007)
LETTER addressed to Judge Denise L. Cote from Jay Shapiro dated 6/15/07 re: UBSFS request that the Court enjoin the claims of Mr. Davis and Mr. Gimbel for losses related to investments in WorldCom. Received in the night deposit box on 6/15/07 at 5:23 p.m..(sac) (Entered: 06/26/2007)
LETTER addressed to Judge Denise L. Cote from Harold C. Hirshman dated 6/1/07; Re: This letter constitutes Howard Gimbel and Marvin Davis's response to the Order to Show Cause issued by this Court on 5/17/07 in response to the 5/11/07 letter application of UBS Financial Services, Inc.. Copy Received in the night deposit box on 6/1/07 at 5:06 p.m.. (sac) (Entered: 06/05/2007)
ORDER TO SHOW CAUSE; Having considered a 5/11/07 letter application on behalf of UBS Financial Services, Inc.. Claimants, Howard Gimbel and Marvin Davis are to show cause before this Court on 6/22/07 at 4:00 p.m. in Courtroom 11B, why Respondent should not be enjoined from pursuing arbitration before the Chicago Board Options Exchange against UBSFS to the extent they relate to investments in securities issued by WorldCom. (Signed by Judge Denise L. Cote on 5/17/07) (sac) (Entered: 06/01/2007)
STIPULATION AND ORDER OF DISMISSAL; pursuant to Fed. R. Civ. P. 41, the claims against Defendant Bernard J. Ebbers in this action is hereby dismissed with prejudice with each side to bear its own costs. (Signed by Judge Denise L. Cote on 1/31/06) This Document Relates to: 05cv9091.(sac) (Entered: 05/31/2007)
ORDER of USCA (Certified Copy) as to 3125 Notice of Appeal, filed by Terry Neal USCA Case Number 06-2036. Stipulation withdrawing appeal from active consideration, without prejudice, and with leave to reactivate. Thomas Asreen, Acting Clerk USCA. Certified: 3/28/2007. (nd) (Entered: 03/29/2007)
ORDER OF DISMISSAL; the Court, having carefully considered Plaintiff's Motion for dismissal with prejudice, filed by IQ Holdings, Inc., the plaintiff in this case, finds that the Motion should be granted. It is accordingly Ordered that: the Motion is granted. IQ's claims in this case against (i) David F. Myers; (ii) Troy M. Normand; (iii) Betty L. Vinson; and (iv) Buford Yates, Jr., and each of them, are dismissed with prejudice and without costs. (Signed by Judge Denise L. Cote on 3/16/07) This Document Relates to: 03-cv-1785.(sac) (Entered: 03/19/2007)
STIPULATION OF DISMISSAL; that all claims asserted by or which could have been asserted by IQ Holdings, Inc. in this action against Citigroup, Inc., Citigroup Global Markets Inc., Jack B. Grubman, the Estate of John W. Sidgmore, Clifford L. Alexander, Jr., James C. Allen, Judith Areen, Carl J. Aycock, Max E. Bobbitt, Francesco Galesi, Stiles A. Kellett, Jr., Gordon S. Macklin, the Estate of Gordon S. Macklin, John A. Porter, Bert C. Roberts, Jr., Lawrence C. Tucker, and Arthur Andersen LLP are dismsised with prejudice and without costs. The Clerk of Court shall close the case. So Ordered... (Signed by Judge Denise L. Cote on 3/16/07) This Document Relates to: 03-cv-1785.(sac) (Entered: 03/19/2007)
ENDORSED LETTER addressed to Judge Denise L. Cote from Kenneth M. Morris dated 3/6/07 re: granting IQ Holdings, Inc. request for an additional 29 days extension for "restoring the action to this Court Calendar". (Signed by Judge Denise L. Cote on 3/8/07) This Document Relates to: 03cv1785.(sac) (Entered: 03/12/2007)
ORDER OF DISCONTINUANCE; 03civ1785 has been settled with respect to all parties. This action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within 30 days. That all outstanding motions are denied as moot. In the event that this action is reopened within 30 days, the motions may be reinstated through a letter application. (Signed by Judge Denise L. Cote on 2/6/07) (sac) (Entered: 02/09/2007)
MEMO ENDORSEMENT ON MOTION, Doc#3210; Dismissed as moot by settlment, 3210 MOTION to Dismiss for Lack of Jurisdiction. MOTION to Transfer Case. filed by Gordon S. Macklin, Lawrence C. Tucker, John W. Sidgmore, James C. Allen, Judith Areen, Stiles A. Kelett, Bert C. Roberts, Jr., Clifford L. Alexander, Jr., Max E. Bobbitt, Carl J. Aycock (Signed by Judge Denise L. Cote on 2/6/07) This Document Relates to: 03-cv-1785.(sac) Modified on 2/9/2007 (Coretto, Salvatore). (Entered: 02/09/2007)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 3126 Notice of Appeal, filed by Teresa O. Moxley, William C. Moxley USCA Case Number 06-2034-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Thomas Asreen, Acting Clerk USCA. Certified: 2/5/2007. (nd) (Entered: 02/06/2007)
ENDORSED LETTER addressed to Judge Denise Cote from John P. Coffey dated 1/30/07 re: Lead Plaintiff New York State Common Retirement Fund and Co-Lead Counsel Barrack, Rodos & Bacine requests the Court's approval for the disposition of the Joshua Management Notes as set forth in this letter; Granted. (Signed by Judge Denise L. Cote on 1/30/07) (ae) (Entered: 02/01/2007)
RESPONSE IN OPPOSITION to Motion re: 3266 MOTION for Sanctions. Document filed by IQ Holdings, Inc.. This Document Relates to: 03civ1785. (sac) (Entered: 02/01/2007)
LETTER addressed by U.S. Mail and Fax to Honorable Bill Brant, Ebbers Truestee; Honorable: Leonard Barrack, Gerald J. Rodos, Jeffrey W. Golan, co-lead counsel for Lead-Plaintiff; Honorable David Wertheimer, Hogan & Hartson, atty for Mr. Bernie Ebbers; Honorable: Max Berger, John P. Coffey, Jeffrey N. Leibell, Bernstein Litowitz Berger & Grossman, co-lead counsel for Plaintiff; Clerk, U.S. District Court, S.D.N.Y., from David L. Merideth dated 12/21/06 re: enclosed for record and for filing copy of the final executed Agreement between Bernard J. Ebbers and David L. Merideth. Document filed by David L. Merideth.(sac) (Entered: 02/01/2007)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 3239 Notice of Appeal, filed by Hallisey & Johnson Profit Sharing Plan,, Hallisey & Johnson Money Purchase Pension Trust, USCA Case Number 06-4857-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Thomas Asreen, Acting, Clerk USCA. Certified: 1/5/2007. (nd, ) (Entered: 01/08/2007)
ENDORSED LETTER addressed to Judge Denise L. Cote from W. Mark Cotham dated 12/18/06 re: I write concerning proposed modifications to the revised schedulingorder dated July 7, 2006. All parties in this case have agreed to these proposed modifications. IQ shall file any response to the motion of the WorldCom Directors for Sanctions (the motion) by January 26, 2007. WorldCom Directors shall file any reply to IQ's response to the motion by 2/9/07. Expert discovery shall close on 2/28/07. Opening briefs in support of any motion for summary judgment shall be filed by 3/28/07. Opposition briefs to a motion for summary judgment shall be filed by 4/18/07, and Reply briefs in support of a motion for summary judgment shall be filed by 5/16/07. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 12/20/06) (js, ) (Entered: 12/22/2006)
DECLARATION of Pamela Rogers Chepiga in Support re: 3266 MOTION for an order, imposing sanctions on Plaintiff IQ Holdings, Inc. pursuant to the Court's inherent powers and Federal Rule of Civil Procedure 26(g). Document filed by Clifford L. Alexander, Jr., James C. Allen, Judith Areen, Carl J. Aycock, Max E. Bobbitt, Francesco Galesi, Stiles A. Kellett, Jr., Gordon S. Macklin, Bert C. Roberts, Jr., the Estate of John W. Sidgmore, and Lawrence C. Tucker. Original Document filed in 03-cv-1785. (sac, ) (Entered: 12/20/2006)
MEMORANDUM OF LAW in Support re: 3266 MOTION for an order, imposing sanctions on Plaintiff IQ Holdings, Inc. pursuant to the Court's inherent powers and Federal Rule of Civil Procedure 26(g). Document filed by Clifford L. Alexander, Jr., James C. Allen, Judith Areen, Carl J. Aycock, Max E. Bobbitt, Francesco Galesi, Stiles A. Kellett, Jr., Gordon S. Macklin, Bert C. Roberts, Jr., the Estate of John W. Sidgmore, and Lawrence C. Tucker. This Document Relates to: 03cv1785. (sac, ) (Entered: 12/20/2006)
MOTION for an order, imposing sanctions on Plaintiff IQ Holdings, Inc. pursuant to the Court's inherent powers and Federal Rule of Civil Procedure 26(g). Document filed by Clifford L. Alexander, Jr., James C. Allen, Judith Areen, Carl J. Aycock, Max E. Bobbitt, Francesco Galesi, Stiles A. Kellett, Jr., Gordon S. Macklin, Bert C. Roberts, Jr., the Estate of John W. Sidgmore, and Lawrence C. Tucker. This Document Relates to: 03cv1785. (sac, ) (Entered: 12/20/2006)
SCHEDULING ORDER: the following briefing schedule shall govern this motion: Plaitniff's opposition brief shall be due 12/22/06. Defendant's reply shall be due 12/29/06. At the time any reply is served, the moving party shall supply two courtesy copies of all motion papers to Chambers by delivering them to the Courthouse Mailroom. (Signed by Judge Denise L. Cote on 12/11/06) This Document Relates to: 06-cv-13274.(sac, ) (Entered: 12/20/2006)
ORDER APPROVING DISTRIBUTION OF NET SETTLEMENT FUND AND OTHER ADMINISTRATIVE MATTERS; the balance remaining in the settlement fund, including the interest earned thereon, following the payment to CCS be distributed to the memebers of the class who submitted properly completed proofs of claim in the percentages and approximate amounts reflected on the schedule prepared by CCS and annexed as Exhibit C to the affidavit of Louis Gottlieb, sworn to 10/16/06 including any additional amounts that may be distributable as a result of additional interest earned on the settlement fund prior to such distribution. That otherwise eligible claims filed with CCS after applicable postmark deadline date of 6/22/05 and before 11/4/05 be deemed timely and those claimants be allowed to participate in the benefits of the settlement. That CCS be paid $61,617.71 from the Net Settlement Fund in payment of its services and disbursements to date and for future expenses in the making of the distribution, including the cost of the preparation of tax returns required by the IRS in connection with the interest earned on the settlement fund. That CCS establish a $1,000 reserve from the Net Settlement Fund to satisfy tax obligations. (Signed by Judge Denise L. Cote on 12/7/06) This Document Relates to: 03-cv-9490(sac, ) (Entered: 12/20/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Pamela Rogers Chepiga dated 12/1/06 re: the defendants may file their motion on the proposed schedule: Motion 12/15/06, Opposition 1/12/07 and Replies by 1/26/07. (Signed by Judge Denise L. Cote on 12/4/06) This Document Relates to: 03-cv-1785.(sac, ) (Entered: 12/20/2006)
LETTER addressed to Judge Denise Cote from Jeffrey N. Leibell and Jeffrey W. Golan dated 11/29/06 re: counsels' for Lead Plaintiff the New York State Common Retirement Fund request certain issues raised during the telephonic hearings on 11/27 and 11/18/06. Document filed by New York State Common Retirement Fund.(sac, ) (Entered: 12/01/2006)
JOINT DECLARATION of John P. Coffey and Jeffrey W. Golan in Support re: 3258 MOTION for Disbursement of Funds. Document filed by Alan G. Hevesi. Filed In Associated Cases: 1:02-cv-03288-DLC,1:02-cv-03416-DLC,1:02-cv-03419-DLC,1:02-cv-03508-DLC,1:02-cv-03537-DLC, 1:02-cv-03647-DLC,1:02-cv-03750-DLC,1:02-cv-03771-DLC,1:02-cv-04719-DLC,1:02-cv-04945-DLC, 1:02-cv-04946-DLC,1:02-cv-04958-DLC,1:02-cv-04973-DLC,1:02-cv-04990-DLC,1:02-cv-05018-DLC, 1:02-cv-05057-DLC,1:02-cv-05071-DLC,1:02-cv-05087-DLC,1:02-cv-05108-DLC,1:02-cv-05119-DLC, 1:02-cv-05140-DLC,1:02-cv-05224-DLC,1:02-cv-05285-DLC,1:02-cv-08220-DLC,1:02-cv-08221-DLC, 1:02-cv-08222-DLC,1:02-cv-08223-DLC,1:02-cv-08224-DLC,1:02-cv-08225-DLC,1:02-cv-08226-DLC, 1:02-cv-08227-DLC,1:02-cv-08228-DLC,1:02-cv-08229-DLC,1:02-cv-08230-DLC,1:02-cv-08231-DLC, 1:02-cv-08232-DLC,1:02-cv-08233-DLC,1:02-cv-08234-DLC,1:02-cv-08235-DLC,1:02-cv-08981-DLC, 1:02-cv-09512-DLC,1:02-cv-09513-DLC,1:02-cv-09514-DLC,1:02-cv-09515-DLC,1:02-cv-09516-DLC, 1:02-cv-09517-DLC,1:02-cv-09519-DLC,1:02-cv-09520-DLC,1:02-cv-09521-DLC,1:03-cv-00167-DLC, 1:03-cv-00168-DLC,1:03-cv-00169-DLC,1:03-cv-00170-DLC,1:03-cv-00171-DLC,1:03-cv-00335-DLC, 1:03-cv-00336-DLC,1:03-cv-00338-DLC,1:03-cv-00339-DLC,1:03-cv-00890-DLC,1:03-cv-00891-DLC, 1:03-cv-00892-DLC,1:03-cv-00998-DLC,1:03-cv-01052-DLC,1:03-cv-01282-DLC,1:03-cv-01283-DLC, 1:03-cv-01284-DLC,1:03-cv-01785-DLC,1:03-cv-02839-DLC,1:03-cv-02841-DLC,1:03-cv-03592-DLC, 1:03-cv-03859-DLC,1:03-cv-03860-DLC,1:03-cv-04498-DLC,1:03-cv-04499-DLC,1:03-cv-06219-DLC, 1:03-cv-06225-DLC,1:03-cv-06226-DLC,1:03-cv-06227-DLC,1:03-cv-06229-DLC,1:03-cv-06592-DLC, 1:03-cv-07298-DLC,1:03-cv-07299-DLC,1:03-cv-07806-DLC,1:03-cv-07826-DLC,1:03-cv-08271-DLC, 1:03-cv-08924-DLC,1:03-cv-08925-DLC,1:03-cv-09402-DLC,1:03-cv-09490-DLC,1:03-cv-09822-DLC, 1:03-cv-09823-DLC,1:03-cv-09824-DLC,1:03-cv-10066-DLC,1:04-cv-00232-DLC,1:04-cv-00233-DLC, 1:04-cv-00234-DLC,1:04-cv-01521-DLC,1:04-cv-02033-DLC,1:04-cv-02828-DLC,1:04-cv-03389-DLC, 1:04-cv-03841-DLC,1:04-cv-04963-DLC,1:04-cv-05701-DLC,1:04-cv-06813-DLC,1:04-cv-06995-DLC, 1:04-cv-06996-DLC,1:04-cv-07482-DLC,1:04-cv-07483-DLC,1:04-cv-08473-DLC,1:05-cv-00055-DLC, 2:03-cv-07927-DLC(sac, ) (Entered: 12/01/2006)
MOTION for an order, approving an initial Disbursement of the Net Settlement Fund of $4.52 billion to the Authozied Claimants set forth therein in proportion to the Recognized Claim amounts, with the remaining balance in the Net Settlement Fund to remain on deposit in an interest bearing account. Document filed by Alan G. Hevesi. This Document Relates to: 1:02-cv-03288-DLC,1:02-cv-03416-DLC,1:02-cv-03419-DLC,1:02-cv-03508-DLC,1:02-cv-03537-DLC, 1:02-cv-03647-DLC,1:02-cv-03750-DLC,1:02-cv-03771-DLC,1:02-cv-04719-DLC,1:02-cv-04945-DLC, 1:02-cv-04946-DLC,1:02-cv-04958-DLC,1:02-cv-04973-DLC,1:02-cv-04990-DLC,1:02-cv-05057-DLC, 1:02-cv-05071-DLC,1:02-cv-05087-DLC,1:02-cv-05108-DLC,1:02-cv-05224-DLC,1:02-cv-05285-DLC, 1:02-cv-08226-DLC,1:02-cv-08227-DLC,1:02-cv-08228-DLC,1:02-cv-08229-DLC,1:02-cv-08230-DLC, 1:02-cv-08234-DLC,1:02-cv-09513-DLC,1:02-cv-09514-DLC,1:02-cv-09515-DLC,1:02-cv-09516-DLC, 1:02-cv-09519-DLC,1:02-cv-09521-DLC,1:03-cv-02841-DLC,1:03-cv-03592-DLC,1:03-cv-06229 (sac, ) (Entered: 12/01/2006)
STIPULATION AND ORDER; between Plaintiff David L. Merideth and Defendant Bernard J. Ebbers, that all claims in this action are hereby dismissed in their entirety with prejudice and without costs. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 11/15/06) This Document Relates to: 04cv9711.(sac, ) (Entered: 11/21/2006)
STIPULATION OF DISMISSAL WITH PREJUDICE; all claims asserted in 06cv1299, 05cv10249, 05cv10253, 05cv10255, 06cv1311, 05cv10258, 05cv10252, 06cv1297, 05cv10250, 05cv10257, 05cv5747, 06cv1298, 05cv10251, 05cv10260, 06cv1307, 06cv1296, 06cv1308 by Plaintiffs are dismissed with prejudice and without costs against defendant Scott Sullivan. (Signed by Judge Denise L. Cote on 11/15/06) (sac, ) (Entered: 11/21/2006)
STIPULATION OF DISMISSAL WITH PREJUDICE; all claims asserted in 05-10249, 06-1297, 05-10250, 05-5747, 06-1296 by Plaintiffs against Arthur Andersen LLP are dismissed with prejudice and without costs. (Signed by Judge Denise L. Cote on 11/15/06) (sac, ) (Entered: 11/21/2006)
STIPULATION OF DISMISSAL WITH PREJUDICE; that all claims asserted in 06cv1299, 05cv10253, 05cv10255, 06cv1311, 05cv10258, 05cv10252, 05cv10257, 06cv1298, 05cv10251, 05cv10260, 06cv1307, 06cv1296, 06cv1308 by Plaintiffs against Arthur Andersen LLP and Stiles A. Kellett, Jr. are dismissed with prejudice and without costs. (Signed by Judge Denise L. Cote on 11/15/06) (sac, ) (Entered: 11/20/2006)
STIPULATION AND ORDER OF JUDGMENT as against Bernard J. Ebbers by certain plaintiffs dismissing all claims with prejudice and without costs. (Signed by Judge Denise L. Cote on 11/15/06) (ml, ) (Entered: 11/20/2006)
STIPULATION OF DISMISSAL WITH PREJUDICE; pursuant to Rule 54(b), that all claims asserted in 06cv1299, 05cv10249, 05cv10253, 05cv10255, 06cv1311, 05cv10258, 05cv10252, 06cv1297, 05cv10250, 05cv10257, 05cv5747, 06cv1298, 05cv10251, 05cv10260, 06cv1307, 06cv1296, 06cv1308 by Plaintiffs against Citigroup Inc., Citigroup Global Markets Inc. and Jack B. Grubman are dismissed with prejudice and without costs, except that that claims asserted by Plaintiffs Cedrick Watkins, Shirley Brumfield, Henry Dorsey, Robert and Rebecca McManus etc., are dismissed without prejudice and without costs. The Clerk of Court shall close the cases. (Signed by Judge Denise L. Cote on 11/15/06) Filed In Associated Cases: (sac, ) (Entered: 11/20/2006)
NOTICE OF APPEAL from 3094 Memorandum & Opinion,, 3238 Memorandum & Opinion,. Document filed by Brew Dog, LLC, EBH Investments Co., LLC, Holmes Capital, LLC, William K. Holmes. Filing fee $ 455.00, receipt number E 596442. Copies of Notice of Appeal mailed to Attorney(s) of Record: Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Wilmer, Cutler, Pickering, Hale & Dorr, LLP and David L. McGee. This document also relates to: 04cv8308. (nd, ) (Entered: 11/13/2006)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 2661 Notice of Interlocutory Appeal, filed by Abraham Morris, USCA Case Number 05-2189-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Thomas Asreen, Acting Clerk USCA. Certified: 11/9/2006. (nd, ) (Entered: 11/13/2006)
BAR ORDER AND ORDER OF DISMISSAL WITH PREJUDICE, the parties have reached a mutually agreeable settlement of this action and have entered into a joint Stipulation of Dismissal with prejudice. The Complaint dated 11/17/03 is hereby dismsised with prejudice and without costs in its entirety. The Additional Underwriters and their respective persons and entities are hereby permanently barred, enjoined and restrained from commencing, prosecuting or asserting any claim for indemnity or contribution, however styled, against any other Settling Releasee, with respect to, relating to, or arising from the claims, liabilities and injuries alleged, or the claims, liabilities or injuries relating to Worldcom securities that were or could have been alleged by Shriners in the Complaint dated 11/17/03. (Signed by Judge Denise L. Cote on 10/27/06)... This Document Relates to: 04cv233.(sac, ) (Entered: 11/08/2006)
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE, 04-cv-233 is hereby dismissed in their entirety with prejudice and without costs. All claims in this action asserted by Shriners against defendants Troy M. Normand, Betty L. Vinson, David F. Myers, and Buford Yates, Jr., are hereby dismissed in their entirety with prejudice and without costs pursuant to Federal Rules of Civil Procedure 41(a).. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 10/27/06)... This Document Relates to: 04cv233.(sac, ) (Entered: 11/08/2006)
USCA ORDER WITHDRAWING APPEAL (Certified Copy) as to 3126 Notice of Appeal, filed by William C. Moxley,, Teresa O. Moxley, USCA Case Number 06-2034-cv. Stipulation withdrawing appeal from active consideration, without prejudice, and with leave to reactivate. Thomas Asreen, Acting Clerk USCA. Certified: 11/6/2006. (nd, ) (Entered: 11/07/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from David Merideth dated 10/20/06 re: counsel requests consent to postpone the court's order as it relates to the thirty day deadline in which to restore this case. The 10/6/06 order's deadline is extended to 12/8/06. (Signed by Judge Denise L. Cote on 10/24/06) (dle, ) (Entered: 10/25/2006)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 2971 Notice of Appeal, filed by Hilliard M. Haik, Charlene Haik, Steven A. Haik, H. Michael Haik, Seannie Haik, Holly M. Haik, USCA Case Number 05-6040-cv. It is Hereby Stipulated that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Each party will bear their own attorneys' fees and costs. Roseann B. MacKechnie, Clerk USCA. Certified: 10/17/06. (tp, ) (Entered: 10/23/2006)
AFFIDAVIT of Louis Gottlieb in Support re: 3243 MOTION for an order, approving distribution of Settlement Fund, inclusion of late claims administrator and establishment of reserve for potential tax liabilities: 1) authorizing distribution of the Net Settlement Fund to eligible claimants; 2) including and deeming timely those otherwise eligible claims that were mailed after the applicable postmark deadline date of 6/22/05 and before 11/4/05; and 3) authorizing payment of the fees and expenses incurred by the settlement claims administrator in the amount of $47,483.71. Document filed by Ina Rosenblum. This Document Relates to: 03-cv-9490. (sac, ) (Entered: 10/19/2006)
MOTION for an order, approving distribution of Settlement Fund, inclusion of late claims administrator and establishment of reserve for potential tax liabilities: 1) authorizing distribution of the Net Settlement Fund to eligible claimants; 2) including and deeming timely those otherwise eligible claims that were mailed after the applicable postmark deadline date of 6/22/05 and before 11/4/05; and 3) authorizing payment of the fees and expenses incurred by the settlement claims administrator in the amount of $47,483.71. Document filed by Ina Rosenblum. This Document relates to: 03-cv-9490. (sac, ) (Entered: 10/19/2006)
MEMORANDUM OF LAW in Support re: 3241 MOTION for an order, to extend discovery deadlines; for an order, to allow case specific Discovery; or, in the alternative; for an order, remanding this case to the United States District Court for the Middle District of Georgia. Document filed by Bimini Star, LLC, Brew Dog, LLC, EBH Investments Co., LLC, Holmes Capital, LLC, William K. Holmes. This Document Relates to: 04-cv-8308. (sac, ) (Entered: 10/19/2006)
MOTION for an order, to extend discovery deadlines; for an order, to allow case specific Discovery; or, in the alternative; for an order, remanding this case to the United States District Court for the Middle District of Georgia. Document filed by Bimini Star, LLC, Brew Dog, LLC, EBH Investments Co., LLC, Holmes Capital, LLC, William K. Holmes. This Document Relates to: 04-cv-8308. (sac, ) (Entered: 10/19/2006)
ORDER; the termination date of the Third Party Claims Fund, as defined in paragraph 10(b)(vii) of the Stipulation of Settlement with Bernard J. Ebbers, dated 7/6/05, is extended until the date of termination of the agreement entered into among the Class, MCI, LLC and the liquidating agent for the purpose of liquidating certain assets as designated in the Ebbers Stipulation, as such date may be extended pursuant to the terms of the Trust Agreement. (Signed by Judge Denise L. Cote on 10/10/06) (sac, ) (Entered: 10/19/2006)
NOTICE OF APPEAL from 3231 Memorandum & Opinion. Document filed by Hallisey & Johnson Money Purchase Pension Trust, Hallisey & Johnson Profit Sharing Plan. Filing fee $ 455.00, receipt number E 593873. Copies of Notice of Appeal mailed to Attorney(s) of Record: Bernstein, Litowitz, Berger & Grossmann LLP and Paul Weiss Rifkind Wharton & Garrison LLP. (This document Relates to: 02cv5119). (nd, ) (Entered: 10/18/2006)
OPINION AND ORDER #93828; re: The motion to dismiss Holmes' third amended complaint is granted. The motion to enlarge is granted in part. The motion for remand is denied. The Clerk of Court shall close 04cv8308.Terminated: 3159 MOTION to Dismiss. filed by Citigroup Global Markets, Inc., Jack Grubman. (Signed by Judge Denise L. Cote on 10/13/06) This Document Relates to: 04cv8308.(sac, ) (Entered: 10/13/2006)
ORDER OF DISCONTINUANCE; 04-9711 is discontinued without costs to either party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within 30 days. (Signed by Judge Denise L. Cote on 10/6/06) This Document Relates to: 04cv9711.(sac, ) (Entered: 10/11/2006)
NOTICE OF SERVICE OF DISCOVERY of Response to defendant Citigroup's First Set of Interrogatories; and Response for defendant's First Request for Production of Documents. Document filed by David L. Merideth. This Document Relates to: 04cv9711. (sac, ) (Entered: 10/03/2006)
DECLARATION of Alan P. Lebowitz in Support re: 3234 MOTION for Extension of the Termination Date of the Third Party Claims Fund Established pursuant to the Class's Settlement as defined in paragraph 10(b)(vii) of the Stipulation of Settlement with Bernard J. Ebbers, dated 7/6/2006. Document filed by Alan G. Hevesi. (jar, ) (Entered: 10/02/2006)
MOTION for Extension of of the Termination Date of the Third Party Claims Fund Established pursuant to the Class's Settlement as defined in paragraph 10(b)(vii) of the Stipulation of Settlement with Bernard J. Ebbers, dated 7/6/2006. Document filed by Alan G. Hevesi. (jar, ) (Entered: 10/02/2006)
ORDER; 03cv7298 and 03cv7299 are consolidated with Master File No. 02cv3288. The Clerk of Court shall close these actions. (Signed by Judge Denise L. Cote on 9/29/06) This Document Relates to: 03cv7298, 03cv7299.(sac, ) (Entered: 09/29/2006)
OPINION AND ORDER # 93686: GSC's application to revoke its exclusion from the class is DENIED. (Signed by Judge Denise L. Cote on 9/15/06) This Document Relates to: ALL ACTIONS.(db, ) (Entered: 09/27/2006)
OPINION AND ORDER; Hallisey's Rule 60(b) motion for relief from the 7/26/2006 order is denied as untimely. (This relates to 02cv5119) (Signed by Judge Denise L. Cote on 9/22/06) (kco, ) (Entered: 09/25/2006)
LETTER addressed to Judge Denise L. Cote from Jeffrey W. Golan dated 9/12/06 re: Counsel writes to respond to the Court Order entered 9/6/06. Document filed by New York State Common Retirement Fund.(jco, ) (Entered: 09/22/2006)
STIPULATION AND ORDER; STIPULATION AND ORDER; Plaintiffs' hereby dismissed against defendant Bernard J. Ebbers in its entirety with prejudice and without costs. (Signed by Judge Denise L. Cote on 9/11/06) This Document Relates to: 04-cv9711. (sac, ) (Entered: 09/20/2006)
ORDER; that Lead Plaintiff shall identify by 9/13/05 the postmark dates for the 67 class members' revocations. (Signed by Judge Denise L. Cote on 9/06/06) (sac, ) (Entered: 09/08/2006)
PLAINTIFF'S SURREPLY to the Worldcom Directors' Reply Memorandum regarding the Worldcom Directors' Motion to dismiss the first amended complaint for lack of personal jurisdiction and improper. Document filed by IQ Holdings, Inc..This Document Relates to: 03cv1785. (sac, ) (Entered: 09/08/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Pamela Rogers Chepiga dated 8/24/06 re: The WorldCom Directors request an extension of its normal page limitation on reply brief, and permit them to file a reply of up to 16 pages. The defendants may file a 16 page reply. This Document relates to: 03cv1785. (Signed by Judge Denise L. Cote on 8/23/06) (sac, ) (Entered: 09/05/2006)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 2971 Notice of Appeal, filed by Hilliard M. Haik,, Charlene Haik,, Steven A. Haik,, H. Michael Haik,, Seannie Haik,, Holly M. Haik, USCA Case Number 05-6040-cv. The undersigned counsel for the parties hereby stipulate that the above-captioned appeal is hereby withdrawn from active consideration from the court, such withdrawal to be without prejudice to a reactivation of the appeal by appellee's counsel so notifying the clerk of this Court in writing by Nov. 10, 2006. If not thus reactived the appellee shall be subject to possible default. Withdrawal of the appeal from active consideration shall NOT opearate as a dismissal of the appeal under FRAP 42(b). Roseann B. MacKechnie, Clerk USCA. Certified: 8/30/2006. (nd, ) (Entered: 08/31/2006)
REPLY MEMORANDUM OF LAW in Further Support re: 3210 MOTION to Dismiss for Lack of Jurisdiction. MOTION to Transfer Case. Document filed by Worldcom, Inc. (jar, ) (Entered: 08/28/2006)
STIPULATION OF DISMISSAL WITH PREJUDICE; this document relates to 03cv4498, the Clerk of Court shall close the case, with prejudice and without costs. (Signed by Judge Denise L. Cote on 8/17/06) (sac, ) (Entered: 08/22/2006)
ORDER; the Court will address any disputes about the rejection of claims including the Claims Administrator's decision not to process claims during the process set forth in the June 14 Order. That until that time, class members wishing to inquire about or protest the Claims Administrator's processing of their claims must write Lead Counsel. (Signed by Judge Denise L. Cote on 8/14/06) (sac, ) (Entered: 08/22/2006)
PLAINTIFF'S RESPONSE in opposition to the Worldcom Directors' Motion to dismiss the First Amended Complaint for lack of personal jurisdiction and improper venue. This Document Relates to: 03cv1785.. (sac, ) (Entered: 08/08/2006)
ORDER; the Court will address any disputes about the rejection of claims during the process set forth in the June 14 Order. That until that time, class members wishing to inquire about or protest the Cliams Administrator's processing of their claims must write Lead Counsel. (Signed by Judge Denise L. Cote on 8/3/06) (sac, ) (Entered: 08/08/2006)
MOTION for an order, withdrawing Kimberly R. Ward as counsel for the Plaintiffs. This Document Relates to: 06cv1299; 05cv10258; 05cv10252; 05cv10257; 06cv1298; 05cv10251; and 0510260. (sac, ) (Entered: 08/08/2006)
STIPULATION OF DISMISSAL; that all claims asserted by or on behalf of, Jeffrey C. Barbakow in this action against Citigroup Inc., Citigroup Global Markets Inc., Jack B. Grubman, Arthur Andersen LLP and AWSC Societe Cooperative, en liquidation are dismissed with prejudice in their entirety and without costs. The claims against Does 1-200 are dismissed. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 7/17/06) This Document Relates to: 04cv9388.(sac, ) (Entered: 07/20/2006)
ORDER: that 05cv7432 (DLC) has been settled and is hereby discontinued without prejudice and without costs to any party. The 7/7/06 conference is hereby cancelled. (Signed by Judge Denise L. Cote on 7/5/06) Filed In Associated Cases: 1:05-cv-07432-DLC(db, ) (Entered: 07/11/2006)
REVISED SCHEDULING ORDER: The following schedule shall govern further proceedings in case no. 03 cv 1785. Fact discovery shall end on 9/22/06. The party bearing the burden of proof on an issue shall serve its expert reports, conforming to the requirements of Rule 26(a)(2)(B), FRCP, by 10/16; rebuttal reports shall be served by 11/20; and revised expert reports shall be served by 12/6. Expert discovery shall end on 1/15/07. Summary Judgment Motions due by 2/15/2007. Responses due by 3/6/2007 and any Replies due by 3/27/2007. The parties shall supply two courtesy copies of all motion papers to Chambers by delivering them to the Courthouse Mailroom, 8th Floor, U.S. Courthouse, 500 Pearl Street, New York, NY. (Signed by Judge Denise L. Cote on 7/7/06) Filed In Associated Cases: 1:02-cv-03288-DLC,1:03-cv-01785-DLC(ae, ) (Entered: 07/10/2006)
ORDER granting in part 3130 Motion for Reconsideration, but the rulings set forth in the Opinion dated 4/21/06, remain unchanged; Plaintiff's response to the Director Defendants' motion to dismiss filed on 6/30, shall be due 8/4; any reply shall be due 8/25. Plaintiff's opposition need not address any accompanying motion for transfer. Plaintiff may file a sur-reply brief addressed solely to the issue of waiver on 9/1. The parties shall supply two courtesy copies of all motion papers to Chambers by delivering them to the Courthouse Mailroom, 8th Floor, U.S. Courthouse, 500 Pearl Street, New York, NY. . (Signed by Judge Denise L. Cote on 7/7/06) Filed In Associated Cases: 1:02-cv-03288-DLC,1:03-cv-01785-DLC(ae, ) (Entered: 07/10/2006)
STIPULATION AND ORDER; The claims by TRSL against defendants Myers, Normand Vinson and Yates are also dismissed with prejudice. (Signed by Judge Denise L. Cote on 6/26/06) This Document Relates to: 03cv4498.(sac, ) (Entered: 07/07/2006)
DECLARATION of Autumn Hwang in Support re: 3212 Joinder. Document filed by Francesco Galesi. This Document Relates to: 03cv1785. (sac, ) (Entered: 07/05/2006)
JOINDER to join re: 3210 MOTION to Dismiss for Lack of Jurisdiction. MOTION to Transfer Case. MOTION to Dismiss for Lack of Jurisdiction. MOTION to Transfer Case. Document filed by Francesco Galesi. This Document Relates to: 03cv1875.(sac, ) (Entered: 07/05/2006)
MEMORANDUM OF LAW in Support re: 3210 MOTION for an order, to Dismiss for Lack of Jurisdiction; or, in the alternative, MOTION to Transfer Case. Document filed by Gordon S. Macklin, Lawrence C. Tucker, Clifford L. Alexander, Jr, Judith Areen, Carl J. Aycock, Bert C. Roberts, Jr, John W. Sidgmore, Stiles A. Kelett, James C. Allen, Max E. Bobbitt. This Document Relates to: 03cv1785. (received in the night deposit box on 6/30/06 at 7:18 p.m.)(sac, ) (Entered: 07/05/2006)
MOTION for an order, to Dismiss for Lack of Jurisdiction; or, in the alternative, MOTION to Transfer Case. Document filed by Gordon S. Macklin, Lawrence C. Tucker, Clifford L. Alexander, Jr, Judith Areen, Carl J. Aycock, Bert C. Roberts, Jr, John W. Sidgmore, Stiles A. Kelett, James C. Allen, Max E. Bobbitt. This Document Relates to: 03cv1785. (received in the night deposit box on 6/30/06 at 7:18 p.m.)(sac, ) (Entered: 07/05/2006)
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 3126 Notice of Appeal, filed by William C. Moxley,, Teresa O. Moxley, USCA Case Number 06-2034-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) (Entered: 06/30/2006)
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 3125 Notice of Appeal, filed by Terry Neal, USCA Case Number 06-2036-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) (Entered: 06/30/2006)
ORDER; that a conference will be held to address the issues raised in the plaintiff's 6/28 letter on 7/6/06 at 3 p.m. in Courtroom 11B. (Signed by Judge Denise L. Cote on 6/29/06) This Document Relates to: 03cv1785.(sac, ) (Entered: 06/30/2006)
STIPULATION OF DISMISSAL... that all claims in this action by the Regents of the University of California against (i) Citigroup Global Market Inc., (ii) Citigroup Inc., (iii) Arthur Andersen LLP, (iv) Andersen Worldwide Organization, (v) AWSC Societe Cooperative, en liquidation, are hereby dismissed in their entirety with prejudice and without costs. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 6/27/06) This Document Relates to: 03cv6219.(sac, ) (Entered: 06/30/2006)
BAR ORDER AND ORDER OF DISMISSAL WITH PREJUDICE.... The Amended Complaint is hereby dismissed with prejudice and without costs in its entirety. Each Settling Defendant is hereby permanently Barred, Enjoined and Restrained from commencing, prosecuting or asserting any claim for indemnity or contribution, however styled, against any other Settling Defendant, with respect to, relating to, or arising from the claims, liabilities and injuries alleged, or the claims, liabilities or injuries relating to WorldCom securities that could have been alleged by the Regents of the University of California in the Amended Complaint. (Signed by Judge Denise L. Cote on 6/27/06) This Document Relates to: 03cv6219.(sac, ) (Entered: 06/30/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Pamela Roger Chepiga dated 6/26/06; re: Allen & Overy LLP, counsel for WorldCom Directors request the Court's permission to file a motion. Granted. Opposition is due 7/21; Reply is due 7/28. (Signed by Judge Denise L. Cote on 6/27/06) This Document Relates to: 03cv1785.(sac, ) (Entered: 06/30/2006)
REPLY MEMORANDUM OF LAW in Further Support of their Motion to dismiss Plaintiffs' third amended complaint. Document filed by Citigroup Global Markets, Inc., Jack Grubman. This Document Relates to: 04cv8308. Received in the night deposit box on 6/24/06 at 11:01 a.m.. (sac, ) (Entered: 06/27/2006)
MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion to enlarge. Document filed by Citigroup Global Markets, Inc., Jack Grubman. This Document Relates to: 04cv8308. (sac, ) (Entered: 06/26/2006)
ORDER; that claims by class members for distributions from the settlements in the WorldCom securities class action will be deemed timely if submitted to the Administrator by 6/15/06. (Signed by Judge Denise L. Cote on 6/20/06) (sac, ) (Entered: 06/23/2006)
ORDER; the motion for an award of attorney's fees by counsel for objector John Marshall Lusk, Jr. is denied. (Signed by Judge Denise L. Cote on 6/20/06) (sac, ) (Entered: 06/23/2006)
ORDER; the Conference scheduled for 6/21/06 is cancelled. (Signed by Judge Denise L. Cote on 6/20/06) This Document Relates to: 03cv4498.(sac, ) (Entered: 06/23/2006)
NOTICE OF CHANGE OF ADDRESS by Jeffrey W. Golan on behalf of Alan G. Hevesi. New Address: Barrack, Rodos & Bacine, 127 E. 26th Street, New York, New York, 10010, (212) 688-0782. (sac, ) (Entered: 06/21/2006)
STIPULATION OF DISMISSAL; that all claims asserted in this Stipulation are hereby dismissed with prejudice and without costs. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 6/19/06) This Document Relates to: 03cv6225 & 05cv3944.(sac, ) (Entered: 06/20/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Timothy R. Balducci dated 6/14/06 re: counsel representing the individual plaintiffs, the Mississippi Public Employees' Retirement System and the Mississippi Health Care Trust request that they may be relieved to appear in New York on 6/21. Attendance is excused. (Signed by Judge Denise L. Cote on 6/16/06) This Document Relates to: 03cv4498.(sac, ) (Entered: 06/20/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Dewitt T. Hicks, Jr. dated 6/15/06 re: Granting both Alan Purdie of Purdie & Metz and Dewitt T. Hicks, Jr of Gholson, Hicks & Nichols request for appearing in the 6/21/06 Conference. (Signed by Judge Denise L. Cote on 6/16/06) This Document Relates to: 03cv4498.(sac, ) (Entered: 06/20/2006)
STIPULATION OF DISMISSAL WITH PREJUDICE as to 04cv6813, 04cv7483, 04cv7482, 04cv6996, 04cv8473, and 04cv6995; the parties herewith, agree that all claims in these actions are hereby dismissed in their entirety with prejudice and without costs. (Signed by Judge Denise L. Cote on 6/13/06) (sac, ) (Entered: 06/15/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Walter Rieman dated 6/13/06 re: Reply is due 6/23 and may be 20 pages. The Court shall advise plaintiff if it will be permitted a further submission on this motion practice.. (Signed by Judge Denise L. Cote on 6/13/06) This Document relates to: 04cv8308(sac, ) (Entered: 06/15/2006)
ORDER; that all parties shall appear appear for a conference on 6/21/06 at 11:00 a.m., in Courtroom 11B. (Signed by Judge Denise L. Cote on 6/13/06) This Document Relates to: 03cv4498.(sac, ) (Entered: 06/15/2006)
First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 3010 Notice of Appeal,,,,,,,, filed by California Public Employees' Retirement System,, Board of Trustees of the Teacher's Retirement System of the State of Illinois,, Washington State Investment Board,, Minnesota State Board of Investments,, Sacramento County Employees Retirement System,, Sacremento Regional Transit District Contract Employees Retirement Plan,, Sacramento Regional Transit District Salaried Employees Retirement Plan,, San Bernardino County Employees Retirement Association,, Sonoma County Employees Retirement Association,, Tulare County Employees Retirement Association,, Ventura County Employees Retirement Association,, Heavy & General Laborers' Locals 472 & 172 Pension and Annuity Funds,, The Maryland-National Capital Park & Planning Commission Employee's Retirement System,, Contra Costa County Employees' Retirement Board,, Oakland Fire and Police Retirement System,, West Virginia Investment Management Board,, California State Teachers' Retirement System,, The Los Angeles County Employees Retirement Association,, State of Alaska Department of Revenue,, Carpenters Pension Trust for Southern California, USCA Case Number 05-6979, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) Additional attachment(s) added on 6/19/2006 (tp, ). (Entered: 06/14/2006)
ORDER, there having been no timely application to reinstate a claim by any plaintiff in the Verhine Actions. The Verhine Actions remain discontinued as to all parties. (Signed by Judge Denise L. Cote on 6/9/06) This Document Relates to: 04cv8473, 04cv6996, 04cv6813, 04cv7483, 04cv7482, 04cv6995.(sac, ) (Entered: 06/12/2006)
STIPULATION OF DISMISSAL; pursuant to Rule 54(b), all claims asserted herein by defendants attached to Exhibit C are dismissed with prejudice and without costs. In addition, all claims asserted by John Hannon and Lolita Hannon, and Bhupinder Singh and Kathryn Singh in this action against Citigroup Inc., Citigroup Global Markets Inc., Sanford Weill, and Jack B. Grubman are dismissed without prejudice and without costs. The claims asserted by Mary E. Williams in case number 04cv6996 are not dismissed pursuant to this Stipulation. (Signed by Judge Denise L. Cote on 6/8/06) This Document Relates to: 04cv8473, 04cv7482, 04cv6813, 04cv7483, 04cv6996 and 04cv6995.(sac, ) (Entered: 06/12/2006)
ORDER AND JUDGMENT stipulating pursuant to FRCP 41(a)that the action by the plaintiffs against Scott D. Sullivan and Bernard J. Ebbers are dismissed with prejudice and without costs in 04 Civ. 2828(DLC). (Signed by Judge Denise L. Cote on 6/8/06) (ml, ) (Entered: 06/09/2006)
STIPULATION AND ORDER OF DISMISSAL; that pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, this action is hereby dismissed. Each party shall bear its own costs. This dismissal shall be with prejudice as to any claim, action, or proceeding against CGMHI, but shall be without prejudice, shall not constitute an adjudication on the merits, and shall not have any preclusive effect in any claim, action or proceeding brought by plaintiffs Robert A. Nickell and Natalie Bert Nickell against any defendant other than CGMHI. The Clerk of Court shall close the case. This Document Relates to: 04cv8474. (Signed by Judge Denise L. Cote on 6/8/06) (sac, ) (Entered: 06/09/2006)
ORDER AND JUDGMENT stipulating pursuant to FRCP 41(a)thatthe action by the settling plaintiffs against Bernard J. Ebbers are dismissed with prejudice and without costs in 03 Civ. 1052. (Signed by Judge Denise L. Cote on 6/8/06) (ml, ) (Entered: 06/09/2006)
ORDER AND JUDGMENT stipulating pursuant to FRCP 41(a)thatthe action by the settling plaintiffs against Scott D. Sullivan are dismissed with prejudice and without costs in 03 Civ. 1052 (DLC). (Signed by Judge Denise L. Cote on 6/8/06) (ml, ) Modified on 6/9/2006 (ml, ). (Entered: 06/09/2006)
STIPULATION AND ORDER OF DISMISSAL; that all claims asserted by or which could have been asserted by Christopher Garcia in this action against Gitigroup Global Markets Inc. are dismissed with prejudice and without costs. The Clerk of Court shall close the case... (Signed by Judge Denise L. Cote on 6/8/06) This Document Relates to: 05cv55.(sac, ) (Entered: 06/09/2006)
NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P., with prejudice as against David F. Myers and Buford Yates, Jr.. (Signed by Judge Denise L. Cote on 6/8/06) This Document Relates to: 03cv1052.(sac, ) (Entered: 06/09/2006)
RESPONSE/MEMORANDUM OF LAW in Support re: 3179 MOTION to enlarge the Court's 3/24/06 Order granting leave to amend the Second Amended Complaint and Incorporated Memorandum of Law. Document filed by Bimini Star, LLC, Brew Dog, LLC, EBH Investments Co., LLC, Holmes Capital, LLC, William K. Holmes. (sac, ) (Entered: 06/09/2006)
MOTION for an order, to enlarge the Court's 3/24/06 Order granting leave to amend the Second Amended Complaint and Incorporated Memorandum of Law. Document filed by Bimini Star, LLC, Brew Dog, LLC, EBH Investments Co., LLC, Holmes Capital, LLC, William K. Holmes. This Document Relates to: U.S. Bankruptcy Court, Middle-District of Georgia.... (sac, ) (Entered: 06/09/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Amos B. Elberg dated 6/5/06 re: Granting, nun pro tunc Citigroup Defendants' request to submit a reply memorandum of up to thirteen pages in length. (Signed by Judge Denise L. Cote on 6/6/06) This Document Relates to: 04cv9388.(sac, ) (Entered: 06/07/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Eric S. Goldstein dated 6/5/06 re: The 6/6 conference is adjourned to 7/7/06 at 3:00 p.m.. As status letter from defense counsel is due 6/29.. (Signed by Judge Denise L. Cote on 6/5/06) This Document Relates to: 05cv7432.(sac, ) (Entered: 06/07/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Walter Rieman dated 6/2/06 re: granting Citigroup Defendants extension until 6/5/06 to file their Reply Memo in support.. (Signed by Judge Denise L. Cote on 6/5/06) This Document Relates to: 04cv9388(sac, ) (Entered: 06/07/2006)
REPLY MEMORANDUM OF LAW in Further Support of their motion to dismiss plaintiff's second amended complaint. Document filed by Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman. This Document Relates to: 04cv9388.(sac, ) (Entered: 06/07/2006)
REPLY MEMORANDUM OF LAW in Support of Motion to dismiss Plaintiff's Second Amended Complaint. Document filed by Arthur Anderson, LLP. This Document Relates to: 04cv9388. (sac, ) (Entered: 06/05/2006)
MEMORANDUM OF LAW in Opposition to the motion of defendant Arthur Andersen LLP to dismiss the Second Amended Complaint. This Document Relates to: 04cv9388. (sac, ) (Entered: 05/31/2006)
MEMORANDUM OF LAW in Opposition to the Motion of the Citigroup Defendants to dismiss plaintiff's second amended complaint. This Document Relates to: 04cv9388. (sac, ) (Entered: 05/31/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Jill S. Abrams dated 5/22/06 re: There is no need for a conference, given this explanation. Plaintiff's counsel shall submit a status letter as to all remaining defendants by 6/9. The obligation to submit motion papers is vacated. (Signed by Judge Denise L. Cote on 5/26/06) This Document Relates to: 03cv1052. (sac, ) (Entered: 05/30/2006)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - NOTICE OF CHANGE OF ADDRESS by Regina Marie Calcaterra on behalf of New York State Common Retirement Fund. New Address: Barrack, Rodos & Bacine, 127 E. 26th Street, New York, New York, 10010, (212) 688-0783. (Calcaterra, Regina) Modified on 5/30/2006 (gf, ). (Entered: 05/26/2006)
REPLY re: 3158 MEMORANDUM OF LAW in Opposition re: 3130 MOTION for Reconsideration re; 3124 Memorandum & Opinion. Document filed by Gordon S. Macklin, Clifford L. Alexander, Jr, Judith Areen, John A. Porter, Bert C. Roberts, Jr, James C. Allen, Max E. Bobbitt, Francesco Galesi, document Relates to: 03cv1785. Document filed by IQ Holdings, Inc.. Filed In Associated Cases: 1:02-cv-03288-DLC,1:03-cv-01785-DLC(sac, ) (Entered: 05/26/2006)
REPLY re: 3162 MEMORANDUM OF LAW in Opposition re: 3130 MOTION for Reconsideration re; 3124 Memorandum & Opinion, filed by Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman. Document filed by IQ Holdings, Inc.. Filed In Associated Cases: 1:02-cv-03288-DLC,1:03-cv-01785-DLC(sac, ) (Entered: 05/26/2006)
REPLY to re: 3157 MEMORANDUM OF LAW in Opposition re: 3130 MOTION for an order, for Reconsideration re; 3124 Memorandum & Opinion. Document filed by Arthur Anderson, LLP. Document filed by IQ Holdings, Inc.. Filed In Associated Cases: 1:02-cv-03288-DLC,1:03-cv-01785-DLC(sac, ) (Entered: 05/26/2006)
ORDER; plaintiffs shall respond to all interrogatories and document requests by 6/2/06. That unless defendants' counsel informs the Court by 6/5/06 that plaintiffs have responded to all interrogatories and document requests, all parties shall appear for a conference on 6/6/06 at 2 p.m. in Courtroom 11B. That any motion to dismiss shall be due 7/21/06; any opposition be due 8/11/06; any reply shall be due 8/18/06. That at the time any reply is filed, 2 courtesy copies of all motion papers shall be sent directly to Chambers by delivering them to the Courthouse Mailroom. (Signed by Judge Denise L. Cote on 5/24/06) This Document Relates to: 05cv7432.(sac, ) (Entered: 05/26/2006)
STIPULATION OF DISMISSAL; pursuant to Federal Rule of Civil Procedure 54(b), that all claims in this action asserted by Ronald D. Aubert, Justin Tuttelman, and Beatrice Tuttleman against Arthur Andersen LLP, David Myers, Buford Yates, Jr., James C. Allen, Judith Areen, Max E. Bobbitt, Francesco Galesi, Stiles A. Kellet, Jr., and John Sidgmore are hereby dismissed in their entirety by the Settling Plaintiffs, in their individual capacities, with prejudice and without costs, pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Denise L. Cote on 5/23/06) This Document Relates to: 03cv1052. (sac, ) (Entered: 05/25/2006)
STIPULATION OF DISMISSAL; that all claims asserted by or which could hae been asserted by the Donald R. Lee in this action against Citigroup Global Marktes Inc. are dismissed with prejudice and without costs. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 5/23/06) This Document Relates to: 05cv2724.(sac, ) (Entered: 05/25/2006)
MEMORANDUM OF LAW in Opposition re: 3130 MOTION for Reconsideration re; 3124 Memorandum & Opinion,,.. Document filed by Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman. This Document Relates to: 03cv1785.(sac, ) (Entered: 05/24/2006)
JOINDER to join re: 3157 Memorandum of Law in Oppisition to Motion, 3158 Memorandum of Law in Oppisition to Motion,. Document filed by Stiles A. Kellett, Jr. This Document Relates to: 02cv3288, Doc#3161. (sac, ) (Entered: 05/24/2006)
MEMORANDUM OF LAW in Support re: 3159 MOTION to Dismiss. Document filed by Citigroup Global Markets, Inc., Jack Grubman. This Document Relates to: 04cv8308. Received in the night deposit box on 5/19/06 at 8:54 p.m. (sac, ) (Entered: 05/23/2006)
MOTION for an order, pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure, dismissing the Third Amended Complaint with prejudice in its entirety. Document filed by Citigroup Global Markets, Inc., Jack Grubman. This Document Relates to: 04cv8308... (Received in the night deposit box on 5/19/06 at 8:54 p.m.) (sac, ) (Entered: 05/23/2006)
MEMORANDUM OF LAW in Opposition re: 3130 MOTION for Reconsideration re; 3124 Memorandum & Opinion. Document filed by Gordon S. Macklin, Clifford L. Alexander, Jr, Judith Areen, John A. Porter, Bert C. Roberts, Jr, James C. Allen, Max E. Bobbitt, Francesco Galesi. This document Relates to: 03cv1785. (sac, ) (Entered: 05/19/2006)
MEMORANDUM OF LAW in Opposition re: 3130 MOTION for an order, for Reconsideration re; 3124 Memorandum & Opinion. Document filed by Arthur Anderson, LLP. This Document Relates to: 03cv1785. (sac, ) (Entered: 05/19/2006)
STIPULATION AND ORDER; plaintiffs against Defendant Scott D. Sullivan, pursuant to Fed. R. Civ. P. 41, are dismissed with prejudice with each side to bear its own costs. The Clerk of the Court shall close the case. (Signed by Judge Denise L. Cote on 5/17/06) This Document Relates to: 04cv5252.(sac, ) (Entered: 05/19/2006)
ORDER; all parties in this action shall participate in a Telephone Conference set for 5/24/2006 at 3:30 PM before Judge Denise L. Cote. Plaintiffs' counsel Gerald Braddock and J. Dewayne Thomas shall participate in the 5/24 telephone conference. The Citigroup defendants shall serve a copy of this Order on plaintiffs' counsel by 5/22/06. (Signed by Judge Denise L. Cote on 5/17/06) This Document Relates to: 05cv7432.(sac, ) (Entered: 05/19/2006)
ORDER; that any motion to dismiss shall be filed by 6/2/06; any opposition shall be due 6/23; any reply shall be due 6/30. That defendant shall serve on plaintiffs by 5/19, interrogatories and document requests addressed to plaintiffs' damages calculations. Plaintiffs' responses are due 5/26. That counsel for the defendant shall schedule settlement discussions for this action to occur between 5/20 and 6/9, with one of the settlement Judges. (Signed by Judge Denise L. Cote on 5/16/06) This Document Relates to: 04cv8474.(sac, ) (Entered: 05/18/2006)
ORDER; that counsel for plaintiffs shall inform the Court in writing by 6/2/06 of its intentions with respect to the continued prosecution of this action against the sole remaining defendant. The Scheduling Order of 3/6/06 continues to apply to the action. (Signed by Judge Denise L. Cote on 5/16/06) This Document Relates to: 04cv7980.(sac, ) (Entered: 05/18/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Stewart m. Weltman dated 5/12/06 re: the date by which an application to restore the actions must be made is extended to 6/16/06. (Signed by Judge Denise L. Cote on 5/15/06) This Document Relates to: 03cv6225 and 05cv3944.(sac, ) (Entered: 05/18/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Chance C. White dated 5/11/06; re: granting 14 days extension to submit time records and Marshall Lusk's proof of claim. (Signed by Judge Denise L. Cote on 5/15/06) (sac, ) (Entered: 05/18/2006)
JOINT STIPULATION OF DISMISSAL; All Plaintiffs in this action and Defendant Troy Normand pursuant to Fed. R. Civ. P. 41(a)(1)(ii), dismiss this action with prejudice. (Signed by Judge Denise L. Cote on 5/15/06) (sac, ) (Entered: 05/17/2006)
JOINT STIPULATION OF DISMISSAL; All Plaintiffs in this action and defendant Betty Vinson, pursuant to Fed. R. Civ. P. 41(a)(1)(ii), dismiss this action with prejudice. (Signed by Judge Denise L. Cote on 5/15/06) This Document Relates to: 04cv9711.(sac, ) (Entered: 05/17/2006)
STIPULATION OF DISMISSAL; that all claims asserted herein, but not any claims asserted by David L. Meredith or any claims asserted against any non-settling defendants, are dismissed with prejudice and without costs. (Signed by Judge Denise L. Cote on 5/15/06) This Document Relates to: 04cv9711.(sac, ) (Entered: 05/17/2006)
STIPULATION OF DISMISSAL; that all claims in this action asserted by Janice Kemp, individually and as administratrix of the Estate of William B. Kemp, Jr., and as representative of the heirs of William B. Kemp, Jr., (collectively the "Settling Plaintiff") against the "Settling Defendants", are hereby dismissed in their entirety with prejudice and without costs. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 5/15/06) This Document Relates to: 05cv9066.(sac, ) (Entered: 05/17/2006)
STIPULATION OF DISMISSAL; that all claims in this action asserted by Mark C. Escude (the "Settling Plaintiff") against the "Settling Defendants", are hereby dismissed in their entirety with prejudice and without costs. (Signed by Judge Denise L. Cote on 5/15/06) This Document Relates to: 05cv9067.(sac, ) (Entered: 05/17/2006)
STIPULATION OF DISMISSAL; that all claims asserted by or which could have been asserted by Mark C. Escude in this action against Citigroup Inc., Citigroup Global Markets Inc., Jack B. Grubman and Sanford Weill are dismissed with prejudice and without costs. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 5/15/06) This Document Relates to 05cv9067. (sac, ) (Entered: 05/17/2006)
STIPULATION OF DISMISSAL; that all claims asserted by or which could have been asserted by Janice Kemp, Individually and as Administrator of the Estate of William B. Kemp, Jr., and as Representative of the Heirs of William B. Kemp, Jr., in this action against Citgroup Inc., Citigroup Global Markets Inc., Jack B. Grubman and Sanford Weill are dismissed with prejudice and without costs. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 5/15/06) This document Relates to: 05cv9066.(sac, ) (Entered: 05/17/2006)
STIPULATION OF DISMISSAL; that all claims in this action asserted by the Utah State Retirement Board against defendants (but not any claims against any non-settling defendants) are hereby dismissed in their entirety with prejudice and without costs. This Document Relates to: 04cv3841. (Signed by Judge Denise L. Cote on 5/15/06) (sac, ) (Entered: 05/17/2006)
STIPULATION OF DISMISSAL; that all asserted by or which have been asserted by Perry Johnston in this action against Citigroup, Inc., Citigroup Global Markets Inc., Citigroup Global Market Ltd., Jack B. Grubman, the Estate of John W. Sidgmore, Clifford L. Alexander, Jr., James C. Allen, Judith Areen, Carl J. Aycock, Max E. Bobbitt, Francesco Galesi, Stiles A. Kellett, Jr., Gordon S. Macklin, John A. Porter, Bert C. Roberts, Jr., Lawrence C. Tucker, and Arthur Andersen LLP are dismissed with prejudice and without costs. (Signed by Judge Denise L. Cote on 5/15/06) This Document Relates to: 04cv7980.(sac, ) (Entered: 05/17/2006)
NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P., by the Utah State Retirement Board against David F. Myers and Burford Yates, Jr. are dismissed in their entirety with prejudice and without costs. The Clerk of Court shall close the case. This Document Relates to: 04cv3841. (Signed by Judge Denise L. Cote on 5/15/06) (sac, ) (Entered: 05/17/2006)
ORDER; that the 4/7/06, Order is vacated. Plaintiffs' counsel shall submit motion papers in support of any proposed settlement and the dismissal claims as to certain defendants, as well as a proposed notice to the class, by 6/2/06. This Document Relates to: 03civ1052. (Signed by Judge Denise L. Cote on 5/16/06) (sac, ) (Entered: 05/17/2006)
MEMORANDUM OF LAW IN REPLY to Lead Plaintiff's Opposition to the motion of GSC Partners for an order including as a member of the class and a participation in the class action settlement.. (sac, ) (Entered: 05/17/2006)
MEMORANDUM OF LAW in Support re: 3137 MOTION for an order, pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure, dismissing with prejudice all claims asserted in the Second Amended Complaint. Document filed by Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman. This Document Relates to: 04cv9388. (Received in the night deposit box on 5/12/06 at 9:18 p.m.) (sac, ) (Entered: 05/17/2006)
MOTION for an order, pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure, dismissing with prejudice all claims asserted in the Second Amended Complaint. Document filed by Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman. This Document Relates to: 04cv9388. (Received in the night deposit box on 5/12/06 at 9:18 p.m.) (sac, ) (Entered: 05/17/2006)
MOTION for an order, pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure, dismissing Plaintiff's Complaint. Document filed by Arthur Anderson, LLP. Memorandum of Law attached. This Document Relates to: 04cv9388. (Received in the night deposit box on 5/12/06 at 5:14 p.m.) (sac, ) (Entered: 05/17/2006)
FINAL ORDER AND JUDGMENT dismissing the action (04 Civ. 3841 (DLC))without costs and on the merits and with prejudice in full and final discharge of any and all claims and obligations whch were or could have been asserted by the Settling Plaintiff against Sullivan. (Signed by Judge Denise L. Cote on 5/17/06) (ml, ) (Entered: 05/17/2006)
FINAL ORDER AND JUDGMENT dismissing the action (04 Civ. 3841 (DLC))without costs and on the merits and with prejudice in full and final discharge of any and all claims and obligations whch were or could have been asserted by the Settling Plaintiff against Ebbers. (Signed by Judge Denise L. Cote on 5/15/06) (ml, ) (Entered: 05/17/2006)
LETTER addressed to U.S. District Court - S.D.N.Y. from Larry W. Blake dated 4/28/06 re: Mr. Blake submit this letter regarding status of this case. (sac, ) (Entered: 05/08/2006)
OPPOSITION to Motion of GSC Partners for an order, including it as a member of the Class and a Participant in the Class Action Settlements. Document filed by HGK Asset Management. (sac, ) (Entered: 05/08/2006)
MEMORANDUM OF LAW in Support re: 3130 MOTION for Reconsideration re; 3124 Memorandum & Opinion. Document filed by IQ Holdings, Inc.. This Document Relates to: 03civ1785. (sac, ) (Entered: 05/08/2006)
MOTION for an order, for Reconsideration re; 3124 Memorandum & Opinion. Document filed by IQ Holdings, Inc.. This Document Relates to: 03cv1785. (sac, ) (Entered: 05/08/2006)
OBJECTIONS AND RESPONSES OF HEALTH CARE TRUST FUND TO ARTHUR ANDERSEN LLP'S FIRST REQUEST TO PLAINTIFFS IN CERTAIN OF THE INDIVIDUAL ACTIONS FOR THE PRODUCTION OF DOCUMENTS RELATING TO PLAITNIFFS' ALLEGED DAMAGES. Document filed by Health Care Trust Fund. (sac, ) (Entered: 05/01/2006)
OBJECTIONS AND RESPONSES OF SHRINERS HOSPITALS FOR CHILDREN TO ARTHUR ANDERSEN LLP'S FIRST SET OF INTERROGATORIES TO PLAINTIFFS IN CERTAIN OF THE INDIVIDUAL ACTION RELATED TO PLAINTIFFS' ALLEGED DAMAGES. Document filed by Shriners Hospital For Children. (sac, ) (Entered: 05/01/2006)
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jill S. Abrams dated 4/20/06 re: Lead Counsel requests two weeks to submit settlement papers. Application granting, additional two weeks to submit settlement papers for 03-cv-1052. (Signed by Magistrate Judge Michael H. Dolinger on 4/21/06) This Document Relates to: 03cv1052.(sac, ) (Entered: 04/25/2006)
NOTICE OF APPEAL from 3093 Memorandum & Opinion. Document filed by Teresa O. Moxley, William C. Moxley. Filing fee $ 455.00, receipt number E 577470. Copies of Notice of Appeal mailed to Attorney(s) of Record: Paul, Weiss, Rifkind, Wharton & Garrison, LLP and Wilmer, Cutler, Pickering, Hale & Dorr, LLP. (nd, ) Modified on 4/25/2006 (nd, ). (This Document Relates to: 04-cv-232.) (Entered: 04/25/2006)
NOTICE OF APPEAL (This Document Relates to: 04-cv-234) from 3096 Memorandum & Opinion. Document filed by Terry Neal. Filing fee $ 455.00, receipt number E 577469. Copies of Notice of Appeal mailed to Attorney(s) of Record: Paul Weiss Rifkind Wharton & Garrison, LLP; Wilmer Cutler Pickering Hale & Dorr, LLP. (tp, ) Modified on 4/25/2006 (tp, ). (Entered: 04/25/2006)
OPINION AND ORDER #93038; re: The Citigroup Defendants' motion to dismiss the Section 10(b) claim is denied without prejudice to renewal as a motion for summary judgment following discovery of the plaintiff. The motion by Director Defendants Bobbitt, Allen, Areen, Galesi, and the Estate of John Sidgmore to dismiss the Section 10(b) claim is granted. The defendants' motions to dismiss the three state law claims are granted; those claims are dismissed in their entirety and with prejudice. Discovery shall proceed as scheduled in the Order of 3/6/06. (Signed by Judge Denise L. Cote on 4/21/06) Filed In Associated Cases: 1:02-cv-03288-DLC,1:03-cv-01785-DLC(sac, ) Modified on 4/25/2006 (sac, ). (Entered: 04/24/2006)
AMENDED COMPLAINT against Salomon Smith Barney Inc., Arthur Andersen, LLP, Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman. Filed by Jeffrey C. Barbakow. Received in night deposit box on 4/14/06 at 6:49 p.m.(db, ) (Entered: 04/20/2006)
MOTION for Entry of Final Judgment and for Stay of Proceedings. Document filed by Bimini Star, LLC, Brew Dog, LLC, EBH Investments Co., LLC, Holmes Capital, LLC, William K. Holmes. (db, ) (Entered: 04/20/2006)
ORDER: the motion for entry of a Rule 54(b) Judgment is DENIED. In the event Holmes wishes to file a third amended complaint, it must be filed by 4/21/06. In the event such an amended pleading is file and the defendants wish to renew a motion to dismiss, the motion is due 5/19/06; opposition by 6/9/06; and reply is due 6/16/06. (Signed by Judge Denise L. Cote on 4/17/06) Filed In Associated Cases: 1:04-cv-08308-DLC(db, ) (Entered: 04/19/2006)
ORDER : any opposition to GSC's motion shall be due 5/5/06; reply due 5/12/06. Two (2) courtesy copies of all motion papers shall be sent directly to Chambers by delivering them to the Courthouse mailroom, 8th floor, USDC-SDNY, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 4/14/06) This document relates to ALL ACTIONS(db, ) (Entered: 04/19/2006)
MOTION to Dismiss all claims against defendant Betty Vinson. Document filed by Plaintiffs. Filed In Associated Cases: 1:04-cv-09711-DLC(db, ) (Entered: 04/19/2006)
MOTION to Dismiss all claims against defendant Scott Sullivan. Document filed by Plaintiffs. Filed In Associated Cases: 1:04-cv-09711-DLC(db, ) (Entered: 04/19/2006)
MOTION to Dismiss all claims against defendant Troy Normand. Document filed by Plaintiffs. Filed In Associated Case: 1:04-cv-09711-DLC(db, ) (Entered: 04/19/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Pamela Rogers Chepiga dated 4/13/06 re: in the event a settlement in principle is not reached on or before 6/2/06, the defendants who have not yet settled with the plaintiff may advise the Court in writing by 6/9/06 and this motion to dismiss shall be reinstated. (Signed by Judge Denise L. Cote on 4/14/06) Filed In Associated Cases: 1:03-cv-04498-DLC(db, ) (Entered: 04/19/2006)
AFFIDAVIT OF SERVICE of Notice of Motion and supporting documents served on WorldCom Onc. Securities Litigation c/o The Garden City Group, Inc., Jack DiGiovanni on 4/13/06. Service was made by first class mail. Document filed by GS SLS Portfolio, LLC. (db, ) (Entered: 04/17/2006)
MOTION for an Order (i) recognizing and validating GSC's 3/25/05 revocation of its prior exclusion from the plaintiff class; (ii) including GSC as a member of the class; (iii) directing the Claims Administrator to process GSC's 3/25/05 proofs of claim so that GSC may participate in the class action settlements previously approved by the Court. Document filed by GS SLS Portfolio, LLC. Return Date set for 5/19/2006 09:30 AM. (jco, ) (Entered: 04/14/2006)
ORDER of USCA (Certified Copy) as to 2661 Notice of Interlocutory Appeal, filed by Abraham Morris, USCA Case Number 05-2189-cv. IT IS HEREBY stipulated and agreed by and between the undersigned counsel from Morris and the Citigroup Defendants-Appellees that Morris' appeal, docket number 05-2189-cv, is hereby reinstated, and should be returned to the docket of this court for disposition. Roseann B. MacKechnie, Clerk USCA. Certified: 4/10/2006. (nd, ) (Entered: 04/14/2006)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 2955 Notice of Appeal, filed by W. Caffey Norman, III USCA Case Number 05-5806-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Roseann B. MacKechnie, Clerk USCA. Certified: 4/5/2006. (nd, ) (Entered: 04/11/2006)
ORDER; this action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is within thirty days. (Signed by Judge Denise L. Cote on 4/7/06) This Document Relates to: 04civ7980.(sac, ) (Entered: 04/11/2006)
ORDER; this action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is within thirty days. (Signed by Judge Denise L. Cote on 4/7/06) (sac, ) (Entered: 04/11/2006)
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jill S. Abrams dated 4/6/06 re: Lead counsel for plaintiff is pleased to report that settlement has been reached and appropriate papers will be filed with the Court within two weeks. The parties request that they be excused from the settlement conference previously set for 2:00 p.m.. Application granted.. (Signed by Judge Michael H. Dolinger on 4/6/06) This Doucment Relates to: 03civ1052.(sac, ) (Entered: 04/07/2006)
NOTICE OF CHANGE OF ADDRESS by Arthur N. Abbey on behalf of Beatrice Tuttleman. New Address: Abbey Spanier Rodd Abrams & Paradis, LLP. This Document Relates to: 03civ1052.(sac, ) (Entered: 04/06/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Walter Rieman dated 3/30/06 re: requesting a 30 day adjournment of the date on which defendants' motions to dismiss the First Amended Complaint are due. Granting the new schedule: defendants' opening papers are due 5/8/06, plaintiffs' opposition papers due by 5/29/06, and defendants' reply papers would be due by 6/5/06.. (Signed by Judge Denise L. Cote on 3/31/06) This Document Relates to: 05cv7432.(sac, ) (Entered: 04/04/2006)
PLAINTIFFS' AND DEFENDANTS' JOINT STIPULATION OF DISMISSAL OF ALL CLAIMS AGAINST DEFENDANT BUFORD YATES; pursuant to Fed. R. Civ. P. 41(a)(1)(ii), all claims are dismissed as against Buford Yates with prejudice. (Signed by Judge Denise L. Cote on 3/30/06) This Document Relates to: 04civ9711.(sac, ) (Entered: 04/04/2006)
ORDER; pursuant to the Order of 9/30/05 dismissing In Re Salomon Analyst WorldCom Litigation, 02civ3687, the Clerk of Court shall close Spangler v. Salomon Smith Barney, et al., 02civ4087. (Signed by Judge Denise L. Cote on 3/31/06) (sac, ) (Entered: 04/04/2006)
MEMORANDUM OPINION AND ORDER #92925; re: the motion for an award of attorney's fees by counsel for objector Savage is denied. Counsel for objector Lusk may submit his time records and Lusk's proof of claim by 5/12/06.. (Signed by Judge Denise L. Cote on 3/28/06) (sac, ) (Entered: 03/30/2006)
LETTER addressed to Judge Denise Cote from Chance C. White dated 3/23/06 re: this correspondence is in response to Lead Plaintiff the New York State Common Retirement Fund and Co-Lead Counsel Bernstein Liftowitz Berger 7 Grossmann LLP letter directed to your attention dated 3/17/06.. (sac, ) (Entered: 03/30/2006)
STIPULATION OF DISMISSAL; dismissing Count II of the Consolidated Amended Class Action Complaint as against Defendants James C. Allen, Judith Areen, Max E. Bobbitt and Francesco Galesi without costs. (Signed by Judge Denise L. Cote on 3/24/06) This Document Relates to: 03civ1052.(sac, ) (Entered: 03/30/2006)
NOTICE OF SERVICE of David L. Merideth's Response to Arthur Andersen LLP's First Set of Interrogatories to Plaintiffs in Certain of the Individual Actions Relating to Plaintiffs' Alleged Damages; and David L. Merideth's Response to Arthur Andersen LLP's First Request to Plaintiffs in Certain of the Individual Actions for the Production of Documents Relating to Plaintiffs' Alleged Damages. Document served via hand delivery to: Hon. Brad Karp, Eric S. Goldstein, Susanna M. Buergel, and Sandra Sheldon of: Paul, Weiss, Rifkind, Wharton & Garrison, LLP, aslo serving Hon. Eliot Lauer, Michael Moscato & Peter Behmke of: Curtis, Mallett-Prevost, Colt & Mosle, LLP on 3/24/06. Document filed by David L. Merideth. View for related cases.(sac, ) (Entered: 03/30/2006)
NOTICE OF SERVICE of David L. Merideth's Response to Defendant Citigroup's Document Requests Related to Damages; and David L. Merideth's Response to Defendant Citigroup's Interrogatories Related to Damages. Document served via hand delivery to: Hon. Brad Karp, Eric S. Goldstein, Susanna M. Buergel, and Sandra Sheldon of: Paul, Weiss, Rifkind, Wharton & Garrison, LLP, aslo serving Hon. Eliot Lauer, Michael Moscato & Peter Behmke of: Curtis, Mallett-Prevost, Colt & Mosle, LLP on 3/24/06. Document filed by David L. Merideth. Filed In Associated Cases: 1:02-cv-03288-DLC,1:03-cv-01785-DLC,1:03-cv-04498-DLC,1:03-cv-06225-DLC,1:04-cv-00232-DLC, 1:04-cv-00233-DLC,1:04-cv-00234-DLC 1:04-cv-7980-DLC, 1:04-cv-8308-DLC, 1:04-cv-9388-DLC, 1:04-cv-9711-DLC, 1:05-cv-55-DLC, 1:05-cv-3944-DLC, 1:05-cv-7432-DLC, 1:05-cv-9001-DLC, 1:05-cv-9066-DLC. (sac, ) (Entered: 03/30/2006)
MEMORANDUM OPINION AND ORDER re: 2304 MOTION for Attorney Fees filed by John Marshall Lusk, Jr., James J. Savage. The motion for an awrd of attorney's fees by counsel for objector Savage is denied. Counsel for objector Lusk may submit his time records and Lusk's proof of claim by 5/12/2006. (Signed by Judge Denise L. Cote on 3/28/06) (kco, ) (Entered: 03/29/2006)
ORDER; the pending motions to dismiss are denied with leave to renew in opposition to any pending pleading. That any amended complaint must be filed by 4/21/06. The plaintiff may not add new defendants or assert causes of action not already identified in either his complaint or brief in opposition to the motions to dismiss. The plaintiff will be given no further leave to amend... Motions terminated: 2931 MOTION for Extension of Time filed by Perry Johnston. This Document Relates to: 04civ7980. (Signed by Judge Denise L. Cote on 3/23/06) (sac, ) (Entered: 03/27/2006)
MEMORANDUM OPINION AND ORDER #92914; re: The motion to dismiss the complaint is granted. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 3/24/06) Filed In Associated Cases: 1:02-cv-03288-DLC,1:04-cv-00234-DLC(sac, ) Modified on 3/27/2006 (sac, ). (Entered: 03/24/2006)
MEMORANDUM OPINION AND ORDER #92913; re: Barbokow may file a second amended complaint confroms to the requirements of this Memorandum Opinion and Order if he does so by 4/14/06. Any motion to dismiss is due 5/12; any opposition is due 5/26/06; any reply is due 6/2. Two courtesy copies of all motion papers and pleading shall be sent directly to Chambers by delivering them to the Courthouse Mailroom, 8th Floor. (Signed by Judge Denise L. Cote on 3/24/06) This Document Relates to: 04cv9388.(sac, ) Modified on 3/27/2006 (sac, ). (Entered: 03/24/2006)
MEMORANDUM OPINION AND ORDER #92915; re: The breach of contract claim against Grubman is dismissed with prejudice. The remaining claims are dismissed without prejudice to repleading in a third amended complaint filed by 4/21/06. (Signed by Judge Denise L. Cote on 3/24/06) This Document Relates to: 04civ8308.(sac, ) Modified on 3/27/2006 (sac, ). (Entered: 03/24/2006)
OPINION AND ORDER #92899; re: the defendant's motion to dismiss is granted. The Clerk of the Court shall close the case. (Signed by Judge Denise L. Cote on 3/22/2006) (jmi, ) Modified on 3/23/2006 (sac, ). (Entered: 03/23/2006)
ORDER; the motions to dismiss filed by the Underwriter Defendants and the Citigroup Defendants in 03civ6225 and the motion to remand filed by plaintiff in 05civ3944 are dismissed as moot. These action are discontinued without costs to any party and without prejudice to restoring the actions to this Court's calendar if the application to restore the action is made before 5/19/06. (Signed by Judge Denise L. Cote on 3/21/06) This Document Relates to: 03civ6225 & 05civ3944.(sac, ) (Entered: 03/23/2006)
ENDORSED LETTER addressed to Mag. Dolinger from R. Jay Short dated 3/17/06 re: This letter contains... false repesentations about the purported lack of contact from the court to counsel's office concerning scheduling (and in this case re-scheduling of the complaint). This court did review the proposed date with counsel's office and received no objection issues concerning plaintiff's deference to the medical issues concerning plaintiff's wife, the conference will be postponed to April 6 at 2 p.m.. (Signed by Judge Michael H. Dolinger on 3/17/06) (djc) (Entered: 03/22/2006)
MEMORANDUM OPINION AND ORDER #92892; re: that for the reasons set forth herein, the arbitration panel's decision to award damages to the Riches is vacated and the panel's decision to dismiss the cross claims against Salomon is confirmed. (Signed by Judge Denise L. Cote on 3/21/06) (dle, ) Modified on 3/23/2006 (sac, ). (Entered: 03/22/2006)
MANDATE of USCA (Certified Copy) as to 2943 Notice of Appeal, USCA Case Number 05-5554-cv. It is Ordered that the appeal is VOLUNTARILY DISMISSED with prejudice, with each side to bear its own costs. Roseann B. MacKechnie, Clerk USCA. Certified: 3/10/06. (tp, ) (Entered: 03/21/2006)
RESPONSE in Opposition to Plaintiffs' Notice of Supplemental Filing. Document filed by Citigroup Global Markets, Inc., Jack Grubman. This Document Relates to: 04civ8303. (received in the night deposit box on 3/16/06 at 6:43 p.m.) (sac, ) (Entered: 03/20/2006)
ORDER a pre-trial conference has been scheduled in this action on 3/24/06 at 2:00 p.m. in courtroom 17D, 500 Pearl Street. (Signed by Judge Michael H. Dolinger on 3/15/06) (jco, ) (Entered: 03/17/2006)
ORDER; that the Amended Complaint in 05civ7432, is dismissed as to defendants Gordon S. Macklin, Lawrence C. Tucker, Clifford L. Alexander, Jr., Carl J. Aycock, John A. Porter, and Bert C. Roberts. (Signed by Judge Denise L. Cote on 3/15/06) This Document Relates to: 05civ7432(sac, ) (Entered: 03/16/2006)
NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P., against Defendants Myers and Yates without prejudice. (Signed by Judge Denise L. Cote on 3/14/06) This Document Relates to: 03civ338. (sac, ) (Entered: 03/16/2006)
CORRECTED ORDER; the motion to dismiss filed by the Citigroup Defendants and the Underwriter Defendants are dismissed as moot. The motions to dismiss filed by the Director Defendants, Bert C. Roberts, Stiles A. Kellet, and Arthur Andersen are dismissed as moot without prejudice to renewal in the event a settlement is not reached by 5/12/06. The parties may restore these motions to the docket by writing a letter on or before 5/12/06. A status letter from plaintiff is due by 5/12/06. (Signed by Judge Denise L. Cote on 3/14/06) This Document Relates to: 04civ233.(sac, ) (Entered: 03/16/2006)
CORRECTED ORDER; the motion to dismiss filed by the Citigroup Defendants is dismissed as moot. The motions to dismiss filed by the Director Defendants, Bert C. Roberts, and Arthur Andersen are dismissed as moot without prejudice to renewal in the event a settlement is not reached by 5/12/06. The parties may restore these motions to the docket by writing a letter on or before 5/12/06. That a status letter from plaintiff is due 5/12/06. (Signed by Judge Denise L. Cote on 3/14/06) This Document Relates to: 03cv4498. (sac, ) (Entered: 03/16/2006)
JOINT STIPULATION AND ORDER OF DISMISSAL; pursuant to Fed. R. Civ. P. 41(a)(1)(ii), all claims against Defendant David Myers are dismissed with prejudice. (Signed by Judge Denise L. Cote on 3/13/06) This Document Relates to: 04civ9711(sac, ) (Entered: 03/15/2006)
ORDER; the Court having been advised that 04cv233, has been settled. The motions to dismiss filed by the Director Defendants, Bert C. Roberts, Stiles A. Kellett, the Underwriter Defendants, the Citigroup Defendants and Arthur Andersen are dismissed as moot. That 04cv233, is dismissed without costs to either party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made before 5/12/06. (Signed by Judge Denise L. Cote on 3/14/06) This Document Relates to: 04civ233.(sac, ) (Entered: 03/15/2006)
ORDER; the Court having been advised that 03civ4498, has been settled. The motions to dismiss filed by the Director Defendants, Bert C. Roberts, the Citigroup Defendants and Arthur Andersen are dismissed as moot. That 03civ4498, is dismissed without costs to either party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made before 5/12/06. (Signed by Judge Denise L. Cote on 3/14/06) This Document Relates to: 03civ4498.(sac, ) (Entered: 03/15/2006)
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from R. Jay Short, Jr. dated 3/6/06 re: regarding Mr. Johnston's request that the Court schedule the settlement conference on a date in the first couple of weeks of May with available dates of May 2-4, 9-11, 16-18. Application denied. (Signed by Judge Michael H. Dolinger on 3/6/06) This Document Relates to: 04civ7980(sac, ) (Entered: 03/09/2006)
ORDER; the Scheduling Order of 3/6/06 shall apply to further proceedings in this action. The parties shall promptly arrange to attend a settlement conference before one of the Settlement Judges. (Signed by Judge Denise L. Cote on 3/7/06) This Document Relates to: 05civ55(sac, ) (Entered: 03/09/2006)
OPINION AND ORDER #92826; re: Garcia's claims addressed to his April 2002 purchase of WorldCom securities are dismissed with prejudice. In connection with Garcia's claims addressed to his February 2002 purchase of WorldCom stock, the motion to dismiss the federal securities law claims is denied. If Garcia wishes to pursue his Colorado law claim, he may file an amended pleading by 4/7/06, to replead actual reliance on the Grubman analyst reports. (Signed by Judge Denise L. Cote on 3/7/06) Filed In Associated Cases: 1:02-cv-03288-DLC,1:05-cv-00055-DLC(sac, ) (Entered: 03/09/2006)
CORRECTED ORDER; plaintiffs' motion for leave to file an amended complaint is denied as moot without prejudice to its reinstatement as described below. The application of Lundy & Davis to withdraw as counsel for Meridith is granted. That Meridith must appear in person for a settlement conference before Magistrate Judge Michael Dolinger on 3/17/06 at 10:00 a.m. in Courtroom 17D. That in the event a settlement agreement is not reached between all plaintiffs and the defendants by 5/19/06, the defendants shall so advise the Court in writing on that date, and the motion for leave to file an amended complaint will be reinstated and addressed by the Court. (Signed by Judge Denise L. Cote on 3/6/06) This Document Relates to: 04civ9711.(sac, ) (Entered: 03/09/2006)
CORRECTED ORDER; this action is discontinued without costs to either party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made before 5/5/06. (Signed by Judge Denise L. Cote on 3/6/06) This Document Relates to: 04civ8474.(sac, ) (Entered: 03/09/2006)
ORDER; accordingly, it is hereby ordered, that the motion to dismiss filed by the Citigroup Defendants is dismissed as moot. The motion to dismiss filed by Andersen and the cross-motion for leave to file a second amended complaint are dismissed as moot without prejudice to renewal in the event a settlement is not reached by 5/5/06. The parteis may restore these motions to the docket by writing a letter on or before 5/5/06. A status letter from plaintiff is due 5/5/06. (Signed by Judge Denise L. Cote on 3/6/06) This Document Relates to: 03civ6219. (sac, ) (Entered: 03/09/2006)
ORDER; the Court having been advised that 04civ3841, has been settled in principle. That the motions to dismiss filed by the Director Defendants, Bert C. Roberts, Stiles A. Kellett, the Underwriter Defendants, Arthur Andersen and the Citigroup Defendants are dismissed as moot. That this action is discontinued without costs to either party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made before 5/5/06. (Signed by Judge Denise L. Cote on 3/6/06) (sac, ) (Entered: 03/09/2006)
ORDER; that defendants shall serve on all plaintiffs by 3/10/06, interrogatories and document requests addressed to plaintiffs' damages calculations. Plaintiffs' responses are due 4/7/06. All parties shall immediately engage in settlement discussions with each other. To the extent that an agreement in principle among all parties has not been reached in an Individual Action by the end of April, counsel for the Citigroup Defendants shall schedule settlement discussions for the action to occur between 5/22 and 6/9/06, with one of the Settlement Judges. That in those cases in which a motion to dismiss has been filed, fact discovery by the defendants of the plaintiffs shall begin on 7/10 and end on 11/3/06. The party bearing the burden of proof on an issue shall serve its expert reports, conforming to the requirements of Rule 26(a)(2)(B), Fed. R. Civ. P., by 11/17; rebuttal reports shall be served by 12/15; and revised expert reports shall be served by 1/5/07. Any summary judgment motion is due 3/30/07; opposition is due 4/20,and reply is due 5/10. At the time any Reply is served the moving party shall supply two courtesy copies of all motion papers to Chambers by delivering them to the Courthouse Mailroom, 8th Floor. In those cases in which no motion to dismiss has been filed, that an answer or motion to dismiss be filed by 4/7/06 or within 30 days of the case arriving on this Court's docket, whichever is later. Any opposition to a motion is due within 21-days; a reply is due within seven days. At the time any Reply is served the moving party shall supply two courtesy copies of all motion papers to Chambers by delivering them to the Courthouse Mailroom, 8th Floor. (Signed by Judge Denise L. Cote on 3/6/06) (sac, ) (Entered: 03/09/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Jill S. Abrams dated 3/2/06 re: requesting that the expert report submission be extended by two weeks. On 1/20, the parties were advised that there would be no adjournment of the expert report dates. This request should have acknowledged that endorsement. Due to the representation regarding settlement discussions, this request is granted. (Signed by Judge Denise L. Cote on 3/6/06) This Document Relates to: 03civ1052.(sac, ) (Entered: 03/09/2006)
ORDER OF DISCONTINUANCE; this action is discontinued without costs to either party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made before 5/5/06. (Signed by Judge Denise L. Cote on 3/3/06) This Document Relates to: 04-cv-8474.(sac, ) (Entered: 03/09/2006)
ORDER; Granted, 3065 NOTICE OF JOINT MOTION for an order, granting the Applicants (Lundy & Davis LLP, The Colom Law Firm, Wayne E. Ferrell Jr. and Aylstock, Witkin & Sasser PLC and Plaitniff David Merideth, leave to withdraw as counsel of record and substituting Plaintiff David Meredith (Pro Se) as his own counsel. Document filed by Plaintiff David L. Meredith. This Document Relates to: 04civ9711... Settlement Conference set for 3/17/2006 at 10:00 AM before Judge Denise L. Cote.... That in the event a settlement agreement is not reached between all plaintiffs and the defendants by 5/19/06, the defendants shall so advise the Court in writing on that date, and the motion to dismiss will be reinstated and addressed by the Court. (Signed by Judge Denise L. Cote on 3/3/06) (sac, ) (Entered: 03/09/2006)
MEMORANDUM OF LAW in Support re: 3065 NOTICE OF JOINT MOTION for an order, granting the Applicants (Lundy & Davis LLP, The Colom Law Firm, Wayne E. Ferrell Jr. and Aylstock, Witkin & Sasser PLC and Plaitniff David Merideth, leave to withdraw as counsel of record and substituting Plaintiff David Meredith (Pro Se) as his own counsel. Document filed by Plaintiff David L. Meredith. This Document Relates to: 04cv9711(sac, ) (Entered: 03/09/2006)
NOTICE OF JOINT MOTION for an order, granting the Applicants (Lundy & Davis LLP, The Colom Law Firm, Wayne E. Ferrell Jr. and Aylstock, Witkin & Sasser PLC and Plaitniff David Merideth, leave to withdraw as counsel of record and substituting Plaintiff David Meredith (Pro Se) as his own counsel. Document filed by Plaintiff David L. Meredith. This Document Relates to: 04civ9711.(sac, ) (Entered: 03/09/2006)
ORDER; through a letter of 2/28/06, Plaintiffs' counsel in six actions: 04civ8473; 04civ6996; 04civ6813; 04civ7483; 04civ7482 and 04civ6995 ("Verhine Actions"), advised the Court that the plaintiffs in the Verhine Actions had reached an agreement in principle with the Citigroup Defendants to settle each of the action as to all defendants. That the request by plaintiffs' counsel to be excused from attending the 3/2/06 conference is granted. The motions to dismiss in the verhine Actions are denied as moot without prejudice to their reinstatement in the event the settlements are not finalized by 5/5/06. The Verhine actions be, and hereby are, discontinued without costs to either party and without prejudice to restoring any of the actions to this Court's calendar if the application to restore the action is made before 5/5/06. (Signed by Judge Denise L. Cote on 3/3/06) This Document Relates to: 04civ8473; 04civ6996; 04civ6813; 04civ7483; 04civ7482 and 04civ6995.(sac, ) (Entered: 03/09/2006)
NOTICE OF APPEARANCE by Timothy R. Balducci, Joseph C. Langston on behalf of PERS of Mississippi and Health Care Trust Fund. This Document Relates to: 03civ4498. (sac, ) (Entered: 03/03/2006)
NOTICE OF APPEARANCE by Timothy R. Balducci, Joseph C. Langston on behalf of Shriners Hospital For Children. This Document Relates to: 04civ233. (sac, ) (Entered: 03/03/2006)
STIPULATION AND ORDER OF DISMISSAL of action no. 03 cv 338, with prejudice. (Signed by Judge Denise L. Cote on 2/16/06) (jf, ) Modified on 3/8/2006 (ae, ). (Entered: 03/02/2006)
BAR ORDER AND ORDER OF DISMISSAL of civil action no. 03 cv 338, with prejudice. (Signed by Judge Denise L. Cote on 2/16/06) (jf, ) Modified on 3/8/2006 (ae, ). (Entered: 03/02/2006)
ORDER of USCA (Certified Copy) USCA Case Number 05-5598-cv. Order recalling the 3058 Mandate. Roseann B. MacKechnie, Clerk USCA. Certified: 1/3/06. Mandate sent to the USCA on 3/3/06 to the attention of Julius D. Crockwell. (tp, ) (Entered: 03/01/2006)
MANDATE RECALLED BY USCA - (SENT TO USCA AS PER ORDER DOC. #3059) - MANDATE of USCA (Certified Copy) as to 2952 Notice of Appeal, filed by Cynthia R. Levin Moulton, USCA Case Number 05-5598-cv. It is Ordered that the appeal from the order of 12/21/05 USDC-SDNY be, and it hereby is DISMISSED. Any motions pending prior to the entry of this order of dismissal are deemed MOOT. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 12/23/05. (tp, ) Modified on 3/1/2006 (tp, ). (Entered: 03/01/2006)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 2749 Notice of Interlocutory Appeal, filed by Paul G. Rochmis, Paul G. Rochmis, M.D. Ltd. employee Profit Sharing Plan, USCA Case Number 05-3817-cv. It is hereby stipulated between undersigned counsel that the appeal is hereby WITHDRAWN with prejudice, pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Each party will bear their own attornes' fees and costs. Roseann B. MacKechnie, Clerk USCA. Certified: 2/23/06. (tp, ) (Entered: 03/01/2006)
DECLARATION of Walter Rieman re: MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for an order suggesting to the judicial panel on Multi-District Litigation that the action be remanded to the United States District Court for the Middle District of Georgia. Document filed by Citigroup Global Markets, Inc., Jack Grubman. Received in the night deposit box on 2/24/06 at 10:13 p.m.. This document Relates to: 04civ8303. (sac, ) (Entered: 02/28/2006)
MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for an order suggesting to the judicial panel on Multi-District Litigation that the action be remanded to the United States District Court for the Middle District of Georgia. Document filed by Citigroup Global Markets, Inc., Jack Grubman. Received in the night deposit box on 2/24/06 at 10:13 p.m.. (sac, ) (Entered: 02/28/2006)
MOTION for an order, granting leave to withdraw Wallace A. Showman as attorney for Claimants. Document filed by Charlene Haik, H. Michael Haik, Hilliard M. Haik, Holly M. Haik, Seannie Haik, Steven A. Haik. Declaration in support attached. (sac, ) (Entered: 02/27/2006)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 2952 Notice of Appeal,,, filed by Cynthia R. Levin Moulton, USCA Case Number 05-5598-cv. that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 2/9/2006. (nd, ) (Entered: 02/23/2006)
AFFIDAVIT of Jill S. Abrams in Support re: 3051 LEAD PLAINTIFFS' REPLY to Defendants' Opposition and in further support of Lead Plaintiffs' Motion for Class Certification. Document filed Justin Tuttelman and Ronald D. Aubert. This Document Relate to: 03civ1052. (sac, ) (Entered: 02/22/2006)
LEAD PLAINTIFFS' REPLY to Defendants' Opposition and in further support of Lead Plaintiffs' Motion for Class Certification. Document filed by Lead Plaintiffs Justin Tuttelman and Ronald D. Aubert. This Document Relate to: 03civ1052. (sac, ) (Entered: 02/22/2006)
ORDER; that class counel and any other party shall submit any opposition to the Haiks' 2/10 motion by 2/24/06. That the Haiks shall submit any reply by 3/3/06. (Signed by Judge Denise L. Cote on 2/16/06) (sac, ) (Entered: 02/21/2006)
AFFIDAVIT of John A. Porter re: based on personal knowledge of this action. Document filed by John A. Porter. This Document Relates to: 05civ7432.(sac, ) (Entered: 02/21/2006)
AFFIDAVIT of Lawrence C. Tucker re: based on personal knowledge of this action. Document filed by Lawrence C. Tucker. This Document Relates to: 05civ7432.(sac, ) (Entered: 02/21/2006)
AFFIDAVIT of Bert C. Roberts, Jr. re: based on personal knowledge of this action. Document filed by Bert C. Roberts, Jr. This Document Relates to: 05civ7432. ( sac, ) (Entered: 02/21/2006)
AFFIDAVIT of Gordon S. Macklin re: based on personal knowledge of this action. Document filed by Gordon S. Macklin. This Document Relates to: 05civ7432. (sac, ) (Entered: 02/21/2006)
AFFIDAVIT of Clifford L. Alexander, Jr. re: based on personal knowledge of this action. Document filed by Clifford L. Alexander, Jr. This Document relates to: 05civ7432. (sac, ) (Entered: 02/21/2006)
AFFIDAVIT of Carl J. Aycock re: based on personal knowledge of this action. Document filed by Carl J. Aycock. This Document Relates to: 05civ7432.(sac, ) (Entered: 02/21/2006)
AFFIDAVIT of David G. Januszewski in Support re: 3041 MOTION for an order, dismissing all claims asserted against them, pursuant to Rules 4(m) and 12(b)(5) of the Federal Rules of Civil Procedure. Document filed by Gordon S. Macklin, Lawrence C. Tucker. This Document Relates to: 05civ7432. (sac, ) (Entered: 02/21/2006)
MEMORANDUM OF LAW in Support re: 3041 MOTION for an order, dismissing all claims asserted against them, pursuant to Rules 4(m) and 12(b)(5) of the Federal Rules of Civil Procedure. Document filed by Clifford L. Alexander, Jr, Carl J. Aycock, Gordon S. Macklin, John A. Porter, Bert C. Roberts, Lawrence C. Tucker. This Document Relates to: 05civ7432. (sac, ) (Entered: 02/21/2006)
MOTION for an order, dismissing all claims asserted against them, pursuant to Rules 4(m) and 12(b)(5) of the Federal Rules of Civil Procedure. Document filed by Gordon S. Macklin, Lawrence C. Tucker, Clifford L. Alexander, Jr, Carl J. Aycock, John A. Porter, Bert C. Roberts, Jr. This Document Relates to: 05cv7432. (sac, ) (Entered: 02/17/2006)
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 2943 Notice of Appeal, USCA Case Number 05-5554-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) (Entered: 02/15/2006)
ORDER; A Scheduling Conference set for 3/3/2006 at 11:30 AM before Judge Denise L. Cote, in Courtroom 11B, for each individual actions pending before this Court in the WorldCom Securities Litigation. Among the topics to be addressed are: 1) a schedule for plaintiffs to provide defendants with damages' calculations, with supporting documentation, in response to defendants' interrogatories; 2) the scheduling of settlement discussions before the Settlement Judges; and 3) the scheduling of discovery of plaintiffs by the defendants. (Signed by Judge Denise L. Cote on 2/9/06) Filed In Associated Cases:1:02-cv-03288-DLC,1:02-cv-05018-DLC,1:03-cv-01785-DLC, 1:03-cv-04498-DLC,1:03-cv-06219-DLC,1:03-cv-06225-DLC,1:04-cv-8308-DLC,1:03-cv-09822-DLC, 1:04-cv-00232-DLC,1:04-cv-00233-DLC,1:04-cv-00234-DLC,1:04-cv-02828-DLC,1:04-cv-03841-DLC, 1:04-cv-06813-DLC,1:04-cv-06995-DLC,1:04-cv-06996-DLC,1:04-cv-07482-DLC,1:04-cv-07483-DLC, 1:04-cv-08473-DLC,1:05-cv-00055-DLC,1:04-cv-5252-DLC,1:05-cv-2724,1:04-cv-9711-DLC, 1:04-cv-7980-DLC, 1:04-cv-9388-DLC,1:04-cv-8474-DLC,1:05-cv-5747-DLC,1:05-cv-10253-DLC,1:05-cv-3944-DLC, 1:05-cv-10253-DLC,1:05-cv-3944-DLC,1:05-cv-10258-DLC,1:05-cv-9067-DLC,1:05-cv-9066-DLC, 1:05-cv-10251-DLC, 1:05-cv-7432-DLC,1:05-cv-10260-DLC,1:05-cv-10252-DLC,1:05-cv-10255-DLC,1:05-cv-10249-DLC, 1:05-cv-10250-DLC,1:05-cv-10257-DLC. (Signed by Judge Denise L. Cote on 2/9/06) (sac, ) (Entered: 02/14/2006)
ORDER; that Munves' proofs of claim shall be processed in accordance with the procedures established by class counsel for late-filed proofs of claim filed directly with the Claims Administrator. The treatment of all late-filed proofs of claim shall be determined at a future date, in consultation with class counsel. Class counsel shall, at the time it determines to be appropriate, provide class members with its recommendations for the treatment of their late-filed claims and an opportunity to be heard. It shall bring any unresolved issues to the attention of the Court, where all affected parties will be given a further opportunity to be heard. (Signed by Judge Denise L. Cote on 2/7/05) (sac, ) (Entered: 02/09/2006)
MANDATE of USCA STIPULATION OF DISMISSAL OF APPEAL UNDER RULE 42(B)(Certified Copy) as to 1882 Notice of Interlocutory Appeal,,, filed by Steven F. Helfand, USCA Case Number 04-6576-cv....that the appeal is hereby STIPULATED and AGREED by all undersigned parties that the Appeal is voluntarily dismissed with prejudice, with each side to beat its own costs. Roseann B. MacKechnie, Clerk USCA. Certified: 2/3/2006. (nd, ) (Entered: 02/08/2006)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 1881 Notice of Interlocutory Appeal, filed by W. Caffey Norman, III USCA Case Number 04-6608-cv. that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Roseann B. MacKechnie, Clerk USCA. Certified: 2/3/2006. (nd, ) (Entered: 02/08/2006)
MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 1881 Notice of Interlocutory Appeal,,,, filed by W. Caffey Norman, III, 1880 Notice of Interlocutory Appeal, filed by Richard Entenmann,, Shari Galitzer,, 1882 Notice of Interlocutory Appeal,,, filed by Steven F. Helfand,, 1998 Notice of Interlocutory Appeal, filed by John Marshall Lusk, Jr., James J. Savage,, 2497 Notice of Interlocutory Appeal, filed by Richard Entenmann,, Shari Galitzer, USCA Case Number 04-6566-cv(L), 04-6576-cv(CON), 04-6608(CON), 05-0296-cv(CON), 05-1444-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Roseann B. MacKechnie, Clerk USCA. Certified: 2/3/2006. (nd, ) (Entered: 02/08/2006)
ORDER; that any opposition to the Plaintiffs' Motion shall be due 2/24/06; any reply shall be due 3/3. That 2 courtesy copies of all motion papers shall be sent directly to Chambers by delivering them to the Courthouse Mailroom. (Signed by Judge Denise L. Cote on 2/6/06) This Document Relates to: 04civ8308.(sac, ) (Entered: 02/07/2006)
FINAL JUDGMENT AND ORDER in favor of settling plaintiffs against Scott D. Sullivan. (This document relates to 02 CV 9520 (DLC)). (Signed by Judge Denise L. Cote on 1/31/06) (ml, ) (Entered: 02/06/2006)
FINAL JUDGMENT AND ORDER in favor of settling plaintiffs against Bernard J. Ebbers. (This document relates to 02 CV 9520 (DLC)). (Signed by Judge Denise L. Cote on 1/31/06) (ml, ) (Entered: 02/06/2006)
STIPULATION OF DISMISSAL; that all claims in 02civ9520 & 05civ9091, as set forth in this Document, are hereby dismissed in their entirety with prejudice and without costs. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 1/31/06) This Document Relates to: 02civ9520 & 05civ9091.(sac, ) (Entered: 02/02/2006)
STIPULATION AND ORDER; pursuant to Fed. R. Civ. P. 41, the claims against Defendant Scott D. Sullivan are hereby dismissed with prejudice with each party to bear its own costs. (Signed by Judge Denise L. Cote on 1/31/06) This Document Relates to: 05civ9091.(sac, ) (Entered: 02/02/2006)
ORDER; that any objection to the Order presented on 1/26/06 shall be filed by 2/7/06, with 2 courtesy copies sent directly to chambers by delivering them to the Courthouse Mailroom. (Signed by Judge Denise L. Cote on 1/31/06) (sac, ) (Entered: 02/02/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Richard B. Margolies dated 1/30/06 re: granting plaintiffs an additional two-week extension until 2/20/06 to file out class certification reply. (Signed by Judge Denise L. Cote on 1/30/06) This Document Relates to: 03civ1052.(sac, ) (Entered: 02/01/2006)
ORDER; the requests of Hilliard M. Haik, Charlene Haik, H. Michael Haik, Holly M. Haik, Seannie Haik, Stephen A. Haik, George Roeser and Lana Roeser for an extension of time to file proofs of claims are granted until 2/13/06. (Signed by Judge Denise L. Cote on 1/30/06) (sac, ) (Entered: 02/01/2006)
ORDER; that Daniel V. Smith is enjoined from arbitrating any claims relating to investments in securities issued by WorldCom. That Smith is permanently barred and enjoined from instituting, commencing or prosecuting, either directly or in any other capacity, all claims of every nature and description as stated in this document. (Signed by Judge Denise L. Cote on 1/23/06) (sac, ) (Entered: 01/24/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Jill S. Abrams dated 1/20/06 re: The reply is due 2/6. There shall be no adjustment of the expert report dates.. (Signed by Judge Denise L. Cote on 1/20/06) This Document Relates to: 03civ1052(sac, ) (Entered: 01/24/2006)
ENDORSED LETTER addressed to Judge Denise L. Cote from Walter Rieman dated 1/20/06; re: CGMHI's Brief due by 3/17/2006. Reply to Response to Brief due by 4/28/2006. Responses to Brief due by 4/14/2006 (Signed by Judge Denise L. Cote on 1/20/06) This Document Relates to: 04cv8474.(sac, ) (Entered: 01/24/2006)
ORDER; that Roesers are enjoined from arbitrating any claims relating to investments in securities issued by WorldCom. That Roesers are permanently barred and enjoined from instituting, commencing or prosecuting, etc. all claims of every nature and description as stated in this document. That class counsel shall submit a response to the Roesers' request to file a late claim in the class action settlement by 1/27/06. That the Roesers shall submit any reply by 2/3. (Signed by Judge Denise L. Cote on 1/18/06) (sac, ) (Entered: 01/24/2006)
SUPPLEMENTAL AFFIDAVIT of T. Michael Kennedy in Support of Opposition to Defendant Citigroup's Motion to enforce judgment approving settlement and dismissing claims against Citigroup Defendants. Document filed by Daniel V. Smith. This Document Relates to: 04-6332. (sac, ) (Entered: 01/18/2006)
REPLY to Petitioners' Memorandum of law in support of Application for enforcement of judgment approving settlement and dismissing claims against the Citigroup Defendants. Document filed by Daniel V. Smith. This Document Relates to: 04-6332. (sac, ) (Entered: 01/18/2006)
MEMORANDUM OPINION AND ORDER #92621 re: Denying 3002 MOTION for Extension of Time. (Signed by Judge Denise L. Cote on 1/12/06) This Document Relates to: 05civ7432.(sac, ) (Entered: 01/18/2006)
ORDER; that class counsel shall submit any opposition to the Haiks' 11/2 Motion by 1/27/06; the Haiks shall submit any reply by 2/3. (Signed by Judge Denise L. Cote on 1/10/06) (sac, ) (Entered: 01/11/2006)
MANDATE of USCA (Certified Copy) as to 2971 Notice of Appeal, filed by Hilliard M. Haik, Charlene Haik, Steven A. Haik, H. Michael Haik, Seannie Haik, Holly M. Haik, USCA Case Number 05-6040-cv. It is Ordered that the appeal from rhe order of USDC-SDNY be, and it hereby is DISMISSED. Any motions pending prior to the entry of this order of dismissal are deemed MOOT. Roseann B. MacKechnie, Clerk USCA. Certified: 12/22/05. (tp, ) (Entered: 01/09/2006)
DECLARATION of Mark L. Parmelee in Support re: 3013 MEMORANDUM OF LAW in Support of CitiGroup Defendants' application for enforcement, as against the Smith and Roeser claimants, of thie Court's 11/12/04 Judgment approving settlement and dismissing claims against the CitiGroup Defendants. Document filed by Citigroup Global Markets, Inc., Citigroup Global Markets Limited, CitiGroup Inc., Jack Grubman. Received in the night deposit box on 1/6/05 at 9:25 p.m.. (sac, ) (Entered: 01/09/2006)
DECLARATION of Eric S. Goldstein in Support re: 3013 MEMORANDUM OF LAW in Support of CitiGroup Defendants' application for enforcement, as against the Smith and Roeser claimants, of thie Court's 11/12/04 Judgment approving settlement and dismissing claims against the CitiGroup Defendants. Document filed by Citigroup Global Markets, Inc., Citigroup Global Markets Limited, CitiGroup Inc., Jack Grubman. Received in the night deposit box on 1/6/05 at 9:25 p.m.. (sac, ) (Entered: 01/09/2006)
DECLARATION of Jack R. DiGiovanni in Support re: 3013 MEMORANDUM OF LAW in Support of CitiGroup Defendants' application for enforcement, as against the Smith and Roeser claimants, of thie Court's 11/12/04 Judgment approving settlement and dismissing claims against the CitiGroup Defendants. Document filed by Citigroup Global Markets, Inc., Citigroup Global Markets Limited, CitiGroup Inc., Jack Grubman. Received in the night deposit box on 1/6/05 at 9:25 p.m.. (sac, ) (Entered: 01/09/2006)
MEMORANDUM OF LAW in Support of CitiGroup Defendants' application for enforcement, as against the Smith and Roeser claimants, of thie Court's 11/12/04 Judgment approving settlement and dismissing claims against the CitiGroup Defendants. Document filed by Citigroup Global Markets, Inc., Citigroup Global Markets Limited, CitiGroup Inc., Jack Grubman. Received in the night deposit box on 1/6/05 at 9:25 p.m.. (sac, ) (Entered: 01/09/2006)
STIPULATION AND ORDER; Expert reports conforming to Fed. R. Civ. P. 26(a)(2)(B) from the parties bearing the burden of proof on any area in which they seek to introduce expert testimony are due on 3/7/06. Rebuttal expert reports confroming to Fed. R. Civ. P. 26(a)(2)(B) are due on 4/6/06. Revised expert reports are due on 4/26/06. Expert discovery will conclude on 5/17/06. Summary Judgment motion are due on 5/17/06, opposition due by 6/7/06, and replies are due 6/14/06. (Signed by Judge Denise L. Cote on 1/5/06) This Document Relates to: 03civ1052.(sac, ) (Entered: 01/09/2006)
MEMORANDUM OPINION AND ORDER #92563 re: Denying 2916 MOTION to Alter Judgment, filed by Cynthia R. Levin Moulton. (Signed by Judge Denise L. Cote on 12/30/05) (sac, ) (Entered: 01/04/2006)
NOTICE OF APPEAL from 2991 Judgment, 2992 Judgment. Document filed by Oakland Fire and Police Retirement System, Sacramento County Employees Retirement System, Sacremento Regional Transit District Contract Employees Retirement Plan, Sacramento Regional Transit District Salaried Employees Retirement Plan, San Bernardino County Employees Retirement Association, Sonoma County Employees Retirement Association, Tulare County Employees Retirement Association, Ventura County Employees Retirement Association, Heavy & General Laborers' Locals 472 & 172 Pension and Annuity Funds, West Virginia Investment Management Board, Washington State Investment Board, California Public Employees' Retirement System, California State Teachers' Retirement System, The Los Angeles County Employees Retirement Association, State of Alaska Department of Revenue and Alaska State Pension Investment Board, Carpenters Pension Trust for Southern California, Minnesota State Board of Investments, The Maryland-National Capital Park & Planning Commission Employee's Retirement System, Board of Trustees of the Teacher's Retirement System of the State of Illinois, Contra Costa County Employees' Retirement Board, Monroe County Employees Retirement System, Municipal Employees' Retirement System of Michigan, Maine State Retirement System, Milwaukee Employees' Retirement System, Board of Administration of the Los Angeles City employees' Retirement System, Los Angeles Board of Fire & Police Pension Commissioners, Illinois State Board of Investment, State Universities Retirement System of Illinois. Filing fee $ 255.00, receipt number E 565232. Copies of Notice of Appeal mailed to Attorney(s) of Record: Skadden Arps Slate Meagher & Flom, LLP (NY); Skadden Arps Slate Meagher & Flom, LLP (CA). (This Document Relates to 03cv0167, 03cv0168, 03cv0169, 03cv0170, 03cv0171, 03cv0890, 03cv0892, 03cv1283, 03cv2839, 03cv3859, 03cv3860, 03cv4499, 03cv6226, 03cv6227, 03cv6592, 03cv7806) (tp, ) Modified on 12/29/2005 (tp, ). (Entered: 12/29/2005)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Denise L. Cote on 12/20/05) This Document Relates to: 03civ1053(sac, ) (Entered: 12/22/2005)
MANDATE of USCA (Certified Copy) as to 1240 Notice of Interlocutory Appeal,,, filed by Retirement Systems of Alabama,, Circuit Court, Mongomery County, Alabama, USCA Case Number 04-2275. Ordered, Adjudged and Decreed that the judgment of the District Court is REVERSED, its injunction is VACATED. The case is REMANDED to the District Court for further proceedings in accordance with the opinion of this court. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 11/30/2005. (nd, ) (Entered: 12/22/2005)
RESPONDENT DANIEL V. SMITH'S MEMORANDUM OF LAW in Opposition to Petitioners' Application for enforcement of Judgment approving settlement and dismissing claims against the Citigroup Defendants. (sac, ) (Entered: 12/22/2005)
REPLY DECLARATION of Steven N. Williams in Support of Motion to return matter to civil active calendar. Document filed by Hallisey & Johnson Money Purchase Pension Trust, Hallisey & Johnson Profit Sharing Plan. This Document Relates to: 02civ5119. (sac, ) (Entered: 12/20/2005)
REPLY TO THE CITIGROUP DEFENDANTS' OPPOSITION TO MOTION TO RETURN MATTER TO CIVIL ACTIVE CALENDAR. Document filed by Hallisey & Johnson Money Purchase Pension Trust, Hallisey & Johnson Profit Sharing Plan. This Document Relates to: 02civ5119. (sac, ) (Entered: 12/20/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Walter Rieman dated 12/15/05 re: granting CGMHI request for an additional adjournment of the filing deadline for its Phase IV motion to dismiss in Nickell II. Under the proposed new schedule, CGMHI's brief would be due on 1/20/06; plaintiffs' opposition papers due on 2/16/06 and CGMHI's reply due 3/3/06. (Signed by Judge Denise L. Cote on 12/15/05) This Document Relates to: 04civ8474.(sac ) (Entered: 12/20/2005)
ORDER; the parties must contact the chambers of Magistrate Judge Dolinger by 12/30/05, to arrange settlement discussions. (Signed by Judge Denise L. Cote on 12/15/05) This Document Relates to: 03civ1052.(sac, ) (Entered: 12/20/2005)
PLAINTIFFS' MOTION for an order, for extension of time limit for service of process. This Document Relates to: 05civ7432. (sac, ) (Entered: 12/20/2005)
ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from R. Jay Short, Jr. dated 11/18/2005 re: to inquire about additional dates for settlement conference and also about the possiblity of conducting the initial conference via telephone.ENDORSEMENT: The settlement conference will be in person. If the parties cann't agree on dates, we will place one. (Signed by Judge Michael H. Dolinger on 11/18/2005) (jmi, ) (Entered: 12/15/2005)
LETTER addressed to Judge Cote from Peter Behmke dated 12/8/05: signing of the settlement agreement. Document filed by Arthur Andersen, LLP.(cd, ) (Entered: 12/15/2005)
CORRECTED ORDER; counsel for plaintiff must contact the chambers of Magistrate Judge Dolinger by 12/23/05, to arrange settlement conferences with the remaining defendants. (Signed by Judge Denise L. Cote on 12/12/05) This Document Relates to: 03civ338.(sac, ) (Entered: 12/14/2005)
BAR ORDER AND ORDER OF DISMISSAL WITH PREJUDICE; this Court finds there is no just reason for delay and directs that final judgment be entered pursuant to F.R.C.P. 54(b). (Signed by Judge Denise L. Cote on 12/12/05) This Document Relates to: 03civ338.(sac, ) (Entered: 12/14/2005)
ORDER; that counsel for plaintiff must contact the chambers of Magistrate Judge Dolinger by 12/23/05, to arrange settlement conferences with the remaining defendants. (Signed by Judge Denise L. Cote on 12/9/05) This Document Relates to: 03civ338.(sac, ) (Entered: 12/14/2005)
DECLARATION of Charles N. Rose in Support of re: 2994 Memorandum of Law in Oppisition to MOTION for an order, returning matter to civil active calendar; and, for an order, modifying the Court's 9/30/05 Order dismissing Hallisey and other cases to vacate that portion thereof that dismisses Hallisey. Document filed by Hallisey & Johnson Profit Sharing Plan, Hallisey & Johnson Money Purchase Pension Trust. Document filed by Citigroup Global Markets, Inc., Jack Grubman.Received in the night deposit box on 12/6/05 at 11:06 p.m.. (sac, ) (Entered: 12/08/2005)
MEMORANDUM OF LAW in Opposition re: 2976 MOTION returning matter to civil active calendar. Document filed by Citigroup Global Markets, Inc., Jack Grubman. This Document Relates to: 02civ5119(DLC). Received in the night deposit box on 12/6/05 at 11:06 p.m.. (sac, ) (Entered: 12/08/2005)
STIPULATION AND ORDER OF DISMISSAL; pursuant to Federal Rule of Civil Procedure 54(b), that all claims in these actions: 03cv167; 03cv168; 03cv169; 03cv170; 03cv171; 03cv890; 03cv892; 03cv1283; 03cv2839; 03cv3859; 03cv3860; 03cv4499; 03cv6226; 03cv6227; 03cv6592; 03cv7806; 03cv9823; 03cv9824; 03cv1521; 03cv4963; 04cv9942; 04cv8309; 04cv8307; 04cv9307; 04cv9390; 05cv54; 04cv9391; 04cv9389, asserted by the Plaintiffs against Defendants (but not any claims against any non-settling defendants) are hereby dismissed in their entirety with prejudice. The Clerk of Court shall close these cases. (Signed by Judge Denise L. Cote on 11/30/05) (sac, ) (Entered: 12/02/2005)
FINAL ORDER AND JUDGMENT pursuant to Fed. R. Civ. 54(b) in favor of the settling plaintiffs and against Bernard J. Ebbers. (Signed by Judge Denise L. Cote on 11/28/05) (ml, ) (Entered: 12/02/2005)
FINAL ORDER AND JUDGMENT pursuant to Fed. R. Civ. 54(b) in favor of the settling plaintiffs and against Scott D. Sullivan. (Signed by Judge Denise L. Cote on 11/28/05) (ml, ) (Entered: 12/02/2005)
ORDER; plaintiffs' time to serve is extended only to 12/16/05. (Signed by Judge Denise L. Cote on 11/29/05) This Document Relates to: 05civ7432. (sac, ) (Entered: 12/01/2005)
ORDER: Show Cause Hearing set for 12/7/2005 at 12:45 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 11/28/05) (sac, ) (Entered: 11/30/2005)
JOINDER AND ADOPTION OF ARTHUR ANDERSEN'S OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION. Document filed by Stiles A. Kellett, Jr, Judith Areen, James C. Allen, Max E. Bobbitt, Francesco Galesi. This Document Relates to: 03civ1052(DLC)... Received in the night deposit box on 11/18/05 at 6:11 p.m.(sac, ) (Entered: 11/29/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Walter Rieman dated 11/17/05; re: granting the Citigroup Defendants extension to file their opposition papers to 12/6/05; plaintiffs' reply brief in further support due 12/16/05. (Signed by Judge Denise L. Cote on 11/18/05) This Document Relates to: 02civ5119.(sac, ) (Entered: 11/21/2005)
FINAL ORDER AND JUDGMENT against Scott Sullivan, that the complaint and action are dismissed in full and final discharge of any and all obnligations; Sullivan and his successors are permanently enjoined from commencing in this or any other action against any of the Settling Plaintiffs; the Settling Defendants are permanently enjoined from commencing an actoin against the Sullivan Releases etc.....(Copy filed in 04 cv 233). (Signed by Judge Denise L. Cote on 11/14/05) (jf, ). Modified on 11/17/2005 (jf, ). (Entered: 11/17/2005)
FINAL ORDER AND JUDGMENT against Bernard Ebbers, FINAL ORDER AND JUDGMENT against Bernard Ebbers, thatthe complaint and action are dismissed in full and final discharge of any and all obnligations; Ebbers and his successors are permanently enjoined from commencing in this or any other action against any of the Settling Plaintiffs; the Settling Defendants are permanently enjoined from commencing an actoin against the Ebbers Releases etc.....(Copy filed in 04 Cv 0233). (Signed by Judge Denise L. Cote on 11/14/05) (jf, ). (Signed by Judge Denise L. Cote on 11/14/05) (jf, ) (Entered: 11/17/2005)
FINAL ORDER AND JUDGMENT against Bernard Ebbers, thatthe complaint and action are dismissed in full and final discharge of any and all obnligations; Ebbers and his successors are permanently enjoined from commencing in this or any other action against any of the Settling Plaintiffs; the Settling Defendants are permanently enjoined from commencing an actoin against the Ebbers Releases etc.....(Copy filed in 03 Cv 4498). (Signed by Judge Denise L. Cote on 11/14/05) (jf, ) (Entered: 11/17/2005)
FINAL ORDER AND JUDGMENT as to deft. Sullivan, that the complaint and action are dismissed with prejudice and without costs; the settling plaintiffs and their successors are permanently enjoined from commencing an action against any of the Sullivan Releases, etc.....(Copy filed in 03 Cv 4498) (Signed by Judge Denise L. Cote on 11/14/05) (jf, ) (Entered: 11/17/2005)
DECLARATION of Susanna M. Buergel in Support of their application for enforcement, as against the Smith and Roeser Claimants, of the Court's Judgment approving settlement and dismissing claims against the Citigroup Defendants. Document filed by Citigroup Global Markets, Inc., Citigroup Global Markets Limited, CitiGroup Inc., Jack Grubman. (sac, ) (Entered: 11/17/2005)
MEMORANDUM OF LAW in Support of their application for enforcement, as against the Smith and Roeser Claimants, of the Court's Judgment approving settlement and dismissing claims against the Citigroup Defendants. Document filed by Citigroup Global Markets Limited, Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman. (sac, ) (Entered: 11/17/2005)
FINAL ORDER AND JUDGMENT as to deft.Ebbers, that the complaint is dismissed as to defendant Ebbers without costs and with prejudice; Ebbers and successors are permanently enjoined from commencing or prosecuting any Released Claims against any of the settling plaintiffs etc...(Copy filed in 03 Cv 0338) (Signed by Judge Denise L. Cote on 11/9/05) (jf, ) (Entered: 11/17/2005)
FINAL ORDER AND JUDGMENT AS TO PUBLIC EMPLOYEES' RETIREMENT(Scott Sullivan), that the complaint is dismissed with prejudice and without costs; Sullivan are permanently restrained from commencing any other litigation etc..... (Signed by Judge Denise L. Cote on 11/9/05) (jf, ) Modified on 11/16/2005 (jf, ). (Entered: 11/16/2005)
DECLARATION of Steven N. Williams in Support re: 2976 MOTION returning matter to civil active calendar. Document filed by Hallisey & Johnson Money Purchase Pension Trust, Hallisey & Johnson Profit Sharing Plan. (sac, ) (Entered: 11/08/2005)
MOTION for an order, returning matter to civil active calendar; and, for an order, modifying the Court's 9/30/05 Order dismissing Hallisey and other cases to vacate that portion thereof that dismisses Hallisey. Document filed by Hallisey & Johnson Money Purchase Pension Trust, Hallisey & Johnson Profit Sharing Plan. This Document Relates to: 02civ5119.(sac, ) (Entered: 11/08/2005)
MOTION for an order, for an Extension of Time; or alternatively, for an order, staying their obligations to file their Proofs of Claim in this matter pending the entry of a final non-appealable order by the United States Court of Appeals for the Second Circuit on the Haiks' Interlocutory Appeal of this Court's 10/11/05 Judgment granting a permanent injunction in favor of Defendant Citigroup Global Markets, Inc., permanently restraining the Haiks from bringing any claims in NASD arbitration or otherwise based on the purchase of WorldCom securities. Document filed by Charlene Haik, H. Michael Haik, Hilliard M. Haik, Holly M. Haik, Seannie Haik, Steven A. Haik. (sac, ) (Entered: 11/08/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Neil L. Selinger dated 11/1/05 re: Should counsel wish to be relieved as Liaison Counsel, he shall confer with plaintiff's counsel in all remaining Individual Actions and present a proposal for his replacement. (Signed by Judge Denise L. Cote on 11/2/05) This Document Relates to: 02civ8981.(sac, ) (Entered: 11/08/2005)
ORDER; Smith's Show Cause Hearing set for 12/9/2005 at 4:30 PM before Judge Denise L. Cote, in Courtroom 11B. (Signed by Judge Denise L. Cote on 11/2/05) (sac, ) (Entered: 11/08/2005)
ORDER; counsel for plaintiff must contact the chambers of Magistrate Judge Dolinger by 11/18/05, to arrange settlement conferences with the remaining defendants. (Signed by Judge Denise L. Cote on 11/2/05) This Document Relates to: 04civ7980.(sac, ) (Entered: 11/08/2005)
NOTICE OF APPEAL from 2926 Memorandum & Opinion. Document filed by Charlene Haik, H. Michael Haik, Hilliard M. Haik, Holly M. Haik, Seannie Haik, Steven A. Haik. Filing fee $ 255.00, receipt number E 560168. Copies of Notice of Appeal mailed to Attorney(s) of Record: Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P.; Wilmer, Cutler, Piskering, Hale & Dorr, L.L.P. (THIS DOCUMENT RELATES TO: ALL ACTIONS) (tp, ) Modified on 11/8/2005 (tp, ). (Entered: 11/08/2005)
2nd Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 2955 Notice of Appeal, filed by W. Caffey Norman, III, 2749 Notice of Interlocutory Appeal, filed by Paul G. Rochmis,, Paul G. Rochmis, M.D. Ltd. employee Profit Sharing Plan,, 2661 Notice of Interlocutory Appeal, filed by Abraham Morris,, 2952 Notice of Appeal,,, filed by Cynthia R. Levin Moulton,, 2943 Notice of Appeal,, 2497 Notice of Interlocutory Appeal, filed by Richard Entenmann,, Shari Galitzer, USCA Case Number 05-3817-cv, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) (Entered: 11/01/2005)
REPLY MEMORANDUM OF LAW in Support of Motion to dismiss. Document filed by Bert C. Roberts, Jr.. This Document Relates to: 04civ7980. (sac, ) (Entered: 10/31/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Peter J. Behmke dated 10/26/05 re: granting Arthur Andersen LLP permission to file a 15 page Reply Brief. (Signed by Judge Denise L. Cote on 10/27/05) This Document Relates to: 04civ7980.(sac, ) (Entered: 10/31/2005)
STIPULATION AND ORDER; pursuant to Fed. R. Civ. P. 41, that claims against the Underwriter-Related Defendants in this action are hereby dismissed with prejudice with each side to bear their own costs. (Signed by Judge Denise L. Cote on 10/27/05) This Document Relates to: 04civ7980.(sac, ) (Entered: 10/31/2005)
DIRECTOR DEFENDANTS' REPLY MEMORANDUM OF LAW in Support of their Motion to dismiss the complaint. This Document Relates to: 03civ7980. (sac, ) (Entered: 10/31/2005)
REPLY MEMORANDUM OF LAW in Support re: 2838 MOTION to Dismiss. Document filed by Arthur Anderson, LLP. This Document Relates to: 04civ7980. (sac, ) (Entered: 10/31/2005)
REPLY MEMORANDUM OF LAW in Further Support of "Phase Four" Motion to Dismiss the Complaint. Document filed by Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman. This Document Relates to: 04civ7980. Received in the night deposit box on 10/27/05 at 11:12 p.m..(sac, ) (Entered: 10/31/2005)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - NOTICE of Interlocutory Appeal re: 2926 Memorandum & Opinion,. Document filed by Charlene Haik, H. Michael Haik, Hilliard M. Haik, Holly M. Haik, Seannie Haik, Steven A. Haik. (Attachments: # 1 Exhibit Order of Oct. 11, 2005# 2 Exhibit Opinion of Oct. 11, 2005)(Showman, Wallace) Modified on 10/31/2005 (gf, ). (Entered: 10/28/2005)
NOTICE OF ORDER TO SHOW CAUSE (signed by Judge Cote on 10/21/05); served by FedEx and Fax or electronic email to respondents counsel on 10/21/05. Received in the night deposit box on 10/21/05 at 7:16 p.m.. (sac, ) (Entered: 10/27/2005)
ORDER; that claimaints Rosalin Rogers, George Roeser, Lana Roeser, and Daniel V. Smith show cause before this Court at noon on 11/18/05, enjoined from pursuing NASD arbitration claims against the Citigroup Defendants to the extent they relate to investments in securities issued by WorldCom. Respondents, opposition papers, if any, by 11/4 at 5 p.m.. The Respondents may, with the consent of Petitioners, satisy this Order without the need to attend the show cause hearing. Petitioners shall submit their reply by 11/14 at 5 p.m.. Counsel for the Citigroup Defendants shall serve this Order on Respondents or their counsel via fax, e-mail or other means by 10/24 at 5 p.m.. (Signed by Judge Denise L. Cote on 10/21/05) (sac, ) (Entered: 10/24/2005)
PLAINTIFFS' MOTION for an order, for an extension of time limit for service of process. (sac, ) This Document Relates to: 05civ7432. (Entered: 10/21/2005)
NOTICE OF APPEAL from 2901 Memorandum & Opinion,, 2902 Order,,,. Document filed by W. Caffey Norman, III. Filing fee $ 255.00, receipt number E 559220. Copies of Notice of Appeal mailed to Attorney(s) of Record: ALL 33 PARTIES/FIRMS LISTED ON THE ATTACHED SERVICE LIST. (nd, ) (Entered: 10/21/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Walter Rieman dated 10/18/05; re: Granting, CGMHI Motion ito dismiss Nickell II due by 12/16/2005. Replies due by 2/3/2006. Responses due by 1/13/2006. (Signed by Judge Denise L. Cote on 10/19/05) This Document Relates to: 04civ8474.(sac, ) (Entered: 10/21/2005)
STIPULATION AND ORDER; the Underwriter-Related Defendants, the Citigroup Defendants, the Director Defendants and Defendant Andersen that the motion to dismiss briefing shall be modified as follows: Motions to dismiss shall be adjourned until and including 10/31/05; Oppositions shall be adjourned until and including 11/21/05; and Replies shall be adjourned until and including 12/12/05. (Signed by Judge Denise L. Cote on 10/18/05) This Document Relates to: 02civ8981; 04civ9942 and 04civ8309.(sac, ) (Entered: 10/21/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Walter Rieman dated 10/14/05 re: counsel to Citigroup Defendants request authorization that Arthur Andersen LLP and the Director Defendants join this letter requesting an extension of time to file his briefs in opposition to defendants' pending motion to dismiss. The defendants may reply on 10/27. The Court will consider the plaintiff's motion for an extension which it addresses the merits of the motion to dismiss. (Signed by Judge Denise L. Cote on 10/17/05) This Document Relates to: 04civ7980.(sac, ) (Entered: 10/19/2005)
BAR ORDER AND ORDER OF DISMISSAL WITH PREJUDICE; Defendants J.P. Morgan Chase & Co.; J.P. Morgan Securities Inc.; Chase Securities Inc. (n/k/a J.P. Morgan Securities Inc.); Bank of America Corp.; Banc of America Securities LLC; Deutsche Bank AG; Deutsche Bank Securities, Inc. (f/k/a Deutsche Bank Alex. Brown Inc.); ABN AMRO Incorporated; Lehman Brothers Holdings, Inc.; Lehman Brothers, Inc.; Citigroup Inc.; Citigroup Global Markets Inc. (f/k/a Salomon Smith Barney Inc.); Jack B. Grubman, Clifford L. Alexander, Jr.; the Estate of John W. Sidgmore; James C. Allen; Judith Areen; Carl J. Aycock; Max E. Bobbit; Francesco Galesi; Stile A. Kellett, Jr.; Gordon S. Macklin; John A. Porter; Bert C. Roberts, Jr.; Lawrence C. Tucker; Juan Villalonga and Arthur Andersen LLP (collectively, the "SETTLING DEFENDANTS")(together with the New York City Retirement Systems, the "SETTLING PARTIES")... The Amended Complaint dated 7/11/03 is hereby dismissed with prejudice and without costs as against the SETTLING DEFENDANTS ONLY. That Bernard J. Ebbers and Scott D. Sullivan and any other person or entity later named as a defendant in this action, are hereby permanently Barred, Enjoined and Restrained from commencing, prosecuting, or asserting any claim for indemnity or contribution, however styled, against the Settling Defendants as stated in this Order. The Non-Settling Entities/Individuals shall receive a judgment credit in an amount that is the greater of the amounts allocated to claims for which a Non-Settling Entity/Individual may be found liable for common damages as reflected on the attached confidential schedule, or, for each such claim, state or federal, on which contribution or indemnity is available, the proportionate share of the Settling Defendants' fault as proven at trial. The attached confidential schedule shall be filed under seal by the Clerk of the Court. This Court finds there is no just reason for delay and directs that final judgment be entered pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Denise L. Cote on 10/17/05) This Document Relates to: 02Civ8981.(sac, ) (Entered: 10/19/2005)
MEMO ENDORSED on Copy Motion; re: granting 2944 Motion for Confidentiality Order, granting 2944 Motion to Dismiss with prejudice. (Signed by Judge Denise L. Cote on 10/17/05) This Document Relates to: 02civ8981. (sac, ) (Entered: 10/19/2005)
DECLARATION of Eric S. Goldstein in Support re: 2944 MOTION for Confidentiality. MOTION to Dismiss. This Document Relates to: 02civ8981. (sac, ) (Entered: 10/18/2005)
MEMORANDUM OF LAW in Support re: 2944 MOTION for Confidentiality. MOTION to Dismiss. This Document Relates to: 02civ8981. (sac, ) (Entered: 10/18/2005)
MOTION for an order, for entry of (i) Bar Order and Order of Dismissal with prejudice and (ii) confidentiality order. Document filed by Citigroup Global Markets, Inc., Citigroup Inc., Jack Grubman. Received in the night deposit box on 10/14/05 at 11:37 p.m..(sac, ) (Entered: 10/18/2005)
NOTICE OF APPEAL from 2901 Memorandum & Opinion. Filed by Kenneth D. Laub, class member/objector. Filing fee $ 255.00, receipt number E 558802. Copies of Notice of Appeal mailed to Attorney(s) of Record: Bernstein Litowitz Berger & Grossmann, LLP; Barrack, Rodos & Bacine; Paul Weiss Rifkind Wharton & Garrison, LLP; Wilmer, Cutler, Pickering, Hale and Dorr, LLP. (tp, ) (Entered: 10/18/2005)
AFFIDAVIT of Scott M. Schreiber in Support re: 2941 MEMORANDUM OF LAW in Opposition re: 2931 MOTION for Extension of Time. Document filed by Stiles A. Kellett, Jr, Gordon S. Macklin, Salomon Smith Barney Inc., Clifford L. Alexander, Jr, Judith Areen, Carl J. Aycock, John A. Porter, Bert C. Roberts, Jr, John W. Sidgmore, Lawrence C. Tucker, Salomon Brothers International, Inc., Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman, James C. Allen, Max E. Bobbitt, Francesco Galesi, Arthur Anderson, LLP... This Document Relates to: 04civ7980... Received in the night deposit box on 10/15/05 at 11:59 a.m.. (sac, ) (Entered: 10/17/2005)
MEMORANDUM OF LAW in Opposition re: 2931 MOTION for Extension of Time. Document filed by Stiles A. Kellett, Jr, Gordon S. Macklin, Salomon Smith Barney Inc., Clifford L. Alexander, Jr, Judith Areen, Carl J. Aycock, John A. Porter, Bert C. Roberts, Jr, John W. Sidgmore, Lawrence C. Tucker, Salomon Brothers International, Inc., Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman, James C. Allen, Max E. Bobbitt, Francesco Galesi, Arthur Anderson, LLP... This Document Relates to: 04civ7980... Received in the night deposit box on 10/15/05 at 12:00 a.m.. (sac, ) (Entered: 10/17/2005)
DECLARATION of Audra J. Soloway in Support re: 2939 Reply Memorandum of Law in Support of MOTION for an order, pursuant to the Securities Litigation Uniform Standards Act of 1998, and Rules 8(a), 9(b), and 12(b)(6) of the Federal Rules of Civil Procedure, dismissing with prejudice plaintiffs' Complaints. Document filed by Sanford I. Weill, Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman. This Document Relates to: 04civ8473; 04civ7482; 04civ6813; 04civ7483; 04civ6996 and 04civ6995... Received in the night deposit box on 10/14/05 at 11:59 p.m..(sac, ) (Entered: 10/17/2005)
REPLY MEMORANDUM OF LAW in Further Support re: 2836 MOTION for an order, pursuant to the Securities Litigation Uniform Standards Act of 1998, and Rules 8(a), 9(b), and 12(b)(6) of the Federal Rules of Civil Procedure, dismissing with prejudice plaintiffs' Complaints. Document filed by Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman. This Document Relates to: 04civ8473; 04civ7482; 04civ6813; 04civ7483; 04civ6996 and 04civ6995... Received in the night deposit box on 10/15/05 at 12:00 a.m..(sac, ) (Entered: 10/17/2005)
ORDER; that anyone wishing to address this issue at a conference shall advise the Court in writing by 10/24/05. (Signed by Judge Denise L. Cote on 10/12/05) This Document Relates to: ALL ACTIONS.(sac, ) (Entered: 10/17/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Peter J. Behmke dated 10/5/05 re: counsel for Arthur Andersen LLP, Mark Schoppet and Melvin Dick request that they be allowed to file a 20 page Reply brief to Plaintiffs' Opposition to Defendants' Motion to dismiss next friday, 10/14/05. Granted. (Signed by Judge Denise L. Cote on 10/7/05) This Document Relates to: 04civ6813; 04civ7483; 04civ7482; 04civ6996; 04civ8473; 04civ6995.(sac, ) (Entered: 10/17/2005)
ORDER; Class member Kenneth Willard Shannon (Claimant), is enjoined from arbitrating any claims relating to investments in securities issued by WorldCom. That Claimant is permanently barred and enjoined from instituting, commencing or prosecuting, either directly or in any other capacity, all claims of every nature and description, known and unknown, arising out of or relating to investments as set forth in this Document. (Signed by Judge Denise L. Cote on 10/7/05) This Document Relates to: ALL ACTIONS.(sac, ) (Entered: 10/17/2005)
MEMORANDUM OF LAW in Opposition re: 2834 MOTION to Dismiss. Document filed by Perry Johnston. This Document Relates to: 04civ7980. (sac, ) (Entered: 10/17/2005)
MEMORANDUM OF LAW in Opposition re: 2838 MOTION to Dismiss. Document filed by Perry Johnston. This Document Relates to: 04civ7980. (sac, ) (Entered: 10/17/2005)
MEMORANDUM OF LAW in Opposition to Bert C. Roberts, Jr.'s Motion to dismiss. Document filed by Perry Johnston. This Document Relates to: 04civ7980. (sac, ) (Entered: 10/17/2005)
MEMORANDUM OF LAW in Opposition re: 2845 MOTION to Dismiss. Document filed by Perry Johnston. This Document Relates to: 04civ7980. (sac, ) (Entered: 10/17/2005)
MOTION for an order, for Extension of Time through 10/6/05, to respond to Defendants' Motions to dismiss served in this action, and an additional ten days thereafter for Defendants to reply. Document filed by Perry Johnston. This Document Relates to: 04civ7980. (sac, ) (Entered: 10/17/2005)
MEMORANDUM OPINION AND ORDER # 92259: Ungar's 2770 Motion to confirm his status as having excluded himself from the class action is DENIED. This document relates to ALL ACTIONS. (Signed by Judge Denise L. Cote on 10/11/05) (db, ) (Entered: 10/12/2005)
NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. filed by plaintiff Perry Johnston is DENIED. Associated Case: 04cv7980 (DLC). (Signed by Judge Denise L. Cote on 10/11/05) (db, ) (Entered: 10/12/2005)
ORDER: plaintiff may submit a stipulation or make a formal motion requesting dismissal by 11/4/05. In any such submission, plaintiff must specify the names of all of the defendants against whom his action is to be terminated. This document relates to ALL ACTIONS. (Signed by Judge Denise L. Cote on 10/11/05) (db, ) (Entered: 10/12/2005)
ORDER granting 2761 Motion for Leave to File Document, granting 2762 Motion for Leave to File Document, granting 2853 Motion for Extension of Time. Claimants must submit all proofs of claim by 10/28/05. (Signed by Judge Denise L. Cote on 10/11/05) (db, ) Modified on 10/12/2005 (db, ). This document relates to ALL ACTIONS. (Entered: 10/12/2005)
OPINION AND ORDER # 92255: the Citigroup defendants' application for enforcement of the judgment approving the Citigroup Settlement is GRANTED. The Haik respondents' claims against SSB arising from their investments in WorldCom securities are enjoined as set forth in the accompanying Order. This document relates to ALL ACTIONS. (Signed by Judge Denise L. Cote on 10/11/05) (db, ) (Entered: 10/12/2005)
STIPULATION: the deposition of plaintiff Justin Tuttleman shall be conducted by 10/14/05. The time within which defendants James C. Allen, Judith Areen, Max E. Bobbitt, Francesco Galesi, and Stiles Kellett are to respond to the motion for class certification shall be extended to 11/18/05. Plaintiff's reply due 12/16/05. (Signed by Judge Denise L. Cote on 10/6/05) Associated Case: 1:03-cv-01052-DLC(db, ) (Entered: 10/12/2005)
SUGGESTION OF BANKRUPTCY Upon the Record as to John A. Porter. Document filed by John A. Porter. This Document Relates to: 05civ7432, 04civ9711, 03civ1785, 04civ7980, 04civ233, 03civ4498 & 04civ3841.(sac, ) (Entered: 10/06/2005)
STIPULATION AND ORDER; the Underwriter-Related Defendants, the Citigroup Defendants, and the Director Defendants that the expert discovery and summary judgment briefing schedules are modified as follows: Parties with the burden of proof on a particular issue must submit expert reports no later than 10/28/05; Rebuttal expert reports shall be submitted no later than 11/7/05; Revised expert reports shall be submitted no later than 11/14/05; the close of expert discovery shall be 12/2/05; Opening briefs in support of summary judgment shall be filed no later than 11/18/05; opposition briefs shall be filed no later than 12/2/05; reply briefs shall be filed no later than 12/9/05. (Signed by Judge Denise L. Cote on 10/3/05) This Document Relates to: 02civ8981.(sac, ) (Entered: 10/05/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Pamela Rogers Chepiga dated 9/30/05 re: the request to stay the conference is granted. The burden is an the parties to raise any discovery issues that need to be addressed in Unsettled Individual Actions on a timely basis, which would presumably be after a decision on a pending motion to dismiss in the action.. (Signed by Judge Denise L. Cote on 10/3/05) (sac, ) (Entered: 10/05/2005)
ORDER; on 8/10/04, Jude Lynch granted a motion to transfer the actions consolidated under #02civ3687, to this Court and dismissed the actions with prejudice and without costs to any party. Such dismissal was only to become effective, however, upon final approval of the settlement between the parties to the WorldCom Securities Litigation. The dismissal of In re Salomom Analyst WorldCom Litigation is effective. The Clerk of Court shall close the following actions: 02civ3687; 02civ3817; 02civ3819; 02civ3914; 02civ3983; 02civ4038; 02civ4197; 02civ4277; 02civ4508; 02civ5119; 02civ5122; 02civ5127; 02civ5337; 02civ5636; 02civ7018; 02civ8607. (Signed by Judge Denise L. Cote on 9/30/05) (sac, ) (Entered: 10/05/2005)
REPLY MEMORANDUM OF LAW in Further Support re: 2831 MOTION to Dismiss. Document filed by Citigroup Global Markets, Inc., Jack Grubman. Received in the night deposit box on 9/30/05 at 8:24 p.m.. (sac, ) (Entered: 10/05/2005)
OPINION & ORDER #92205; Plaintiffs Public Employees Retirement System of Mississippi and Health Care Trust Fund of Mississippi in Teachers Retirement System of Louisiana et al. v. Ebbers et al., No. 03civ4498 and Plaintiff in Shriners Hospitals for Children v. Alexander, et al., No 04civ233 have filed Motions to remand these action back to their transferor court, the U.S. District Court for the Southern District of Mississippi. These remand motions in Individual Actions are Denied. (Signed by Judge Denise L. Cote on 9/30/05) This Document Relates to: 03civ4498 and 04civ233.(sac, ) (Entered: 10/05/2005)
ORDER; the pending motions to dismiss in the following Individual Actions are deemed withdrawn subject to being refiled immediately upon receipt of a letter from a party to an action indicating that settlement discussions have failed: Northwestern Mutual Life Insurance Company v. Citigroup Inc. et al., No. 03civ9824, and Washington State Investment Board v. Ebbers et al., No. 04civ2033. A status letter is due on 12/16/05. (Signed by Judge Denise L. Cote on 9/28/05) This Document Relates to; 03civ9824 and 04civ2033.(sac, ) Modified on 10/5/2005 (sac, ). (Entered: 10/05/2005)
MOTION for an order, to Alter or Amend the Opinions, Orders and Judgment bearing the following docket numbers: 2898, 2899, 2901, 2902, 2889, 2890, 2891, 2892, 2893 and 2894. Document filed by Cynthia R. Levin Moulton. (sac, ) (Entered: 10/05/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Stuart F. Pierson dated 9/23/05 re: Counsel for Mr. Kellett shall indicate by 10/3/05, which actions are being prosecuted to which this evidence is relevant and the status of those actions. A conference will be held on 10/14 at 4:00 p.m.. (Signed by Judge Denise L. Cote on 9/26/05) (sac, ) (Entered: 10/05/2005)
ORDER; the following motions in the class action litigation are denied as moot and shall be closed on the docket: 2274 the 2/4/05 Motion of Arthur Andersen LLP for a continuance of the trial; 2285 the 2/4/05 Motion of the Underwriter Defendants for a continuance of the trial; The following motion is deemed withdrawn, and, in the event the Directors' Settlement does not become final, may be reinstated by the submission of a letter to the Court: 1871 the 12/8/04 Motion of Bert C. Roberts to reopen discovery for a limited purpose; 2230 the following Motion was granted in a conference of 2/15/05 and shall be closed on the docket: Francesco Galesi's 2/3/05 Motion to advance defense costs. (Signed by Judge Denise L. Cote on 9/27/05) (sac, ) (Entered: 10/05/2005)
ORDER; the following actions are placed on this Court's suspense docket: Nos. 03civ652, 03civ758, 03civ.7927, 03civ9460, 04civ4089, 04civ4546 and 04civ4567. The following motions were granted at a conference on 2/15/05 and shall be closed on the docket: Francesco Galesi's 2/3/05 motion to compel Continental Casualty Co. to advance defense costs, 04civ4567. The following motion was denied in the 2/15 conference and shall likewise be closed on the docket: Continental Casualty Company's 2/7/05 motion to stay preliminary injunction pending appeal in No. 04civ4089. That Bert C. Roberts' 11/23/04 motion for reconsideration in 04civ4089, the only motion in these cases that remains unaddressed, is deemed withdrawn and, in the event the settlement does not become final, may be reinstated by the submission of a letter to the Court. (Signed by Judge Denise L. Cote on 9/23/05) (sac, ) (Entered: 09/30/2005)
PLAINTIFFS' REPLY to Citigroup Defendants' "Phase Four" Motion to dismiss the state Law Claims in the Mississippi Complaint. Filed In Associated Cases: 1:04-cv-06813-DLC,1:04-cv-06995-DLC,1:04-cv-06996-DLC, 1:04-cv-07482-DLC,1:04-cv-07483-DLC,1:04-cv-08473-DLC (sac, ) (Entered: 09/30/2005)
PLAINTIFFS' MEMORANDUM OF LAW in Opposition to CitiGroup Defendants' "Phase Four" Motion to Dismiss the State Law Claims in the Mississippi Complaint. Filed In Associated Cases: 1:04-cv-06813-DLC,1:04-cv-06995-DLC,1:04-cv-06996-DLC, 1:04-cv-07482-DLC,1:04-cv-07483-DLC,1:04-cv-08473-DLC (sac, ) (Entered: 09/30/2005)
PLAINTIFFS' MEMORANDUM OF LAW in Opposition to Motion to Dismiss filed by Defendant Arthur Andersen LLP.. Filed In Associated Cases: 1:04-cv-06813-DLC,1:04-cv-06995-DLC,1:04-cv-06996-DLC, 1:04-cv-07482-DLC,1:04-cv-07483-DLC,1:04-cv-08473-DLC (sac, ) (Entered: 09/30/2005)
PLAINTIFFS' REPLY TO ANDERSEN'S MOTION TO DISMISS. This Document Relates to: 04civ8473, 04civ7482, 04civ6813, 04civ7483, 04civ6996, and 04civ6995. (sac, ) (Entered: 09/30/2005)
STIPULATION OF DISCONTINUANCE AND PROPOSED ORDER; pursuant to Fed. R. Civ. P. 41, the claims against Mr. Allen in these actions: 04civ6813; 04civ6995; 04civ6996; 04civ7482; 04civ7483 & 04civ8473 are hereby dismissed with prejudice, with each side to bear its own costs. (Signed by Judge Denise L. Cote on 9/22/05) This Document Relates to: 04civ6813; 04civ6995; 04civ6996; 04civ7482; 04civ7483 & 04civ8473.(sac, ) (Entered: 09/26/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Jill S. Abrams dated 9/19/05 re: Both Plaintiffs and Andersen believe that this is an appropriate way to address the situation. Because the response to the class certification motion is currently due on 9/26/05. Given the prior extension adjourment, this application is denied. Mr. Tuttleman's deposition shall occur by 10/14/05. Opposition to the class certification motion is 11/18; reply is due 12/16/05. (Signed by Judge Denise L. Cote on 9/22/05) This Document Relates to: 03civ1052. (sac, ) Modified on 9/26/2005 (sac, ). (Entered: 09/26/2005)
ORDER APPROVING THE MODIFIED SUPPLEMENTAL PLAN OF ALLOCATION; the proposed Supplemental Plan of Allocation, with the modifications proposed by Lead Plaintiff for the Court's consideration, is Approved. As such, the Supplemental Plan is approved with the following modifications stated in this Document. The Court hereby finds and concludes that the Approved Plan is fair and reasonable to Members of the Class. Upon satisfaction of all conditions to the Settlements and subject to the provisions of the Plans of Allocation, as approved by the Court. The finality of the Judgments entered with respect to the Settlements between Lead Plaintiff and the Settling Defendants shall not be affected in any manner by this Order, or any appeal from this Order approving the Approved Plan. (Signed by Judge Denise L. Cote on 9/22/05) (sac, ) (Entered: 09/26/2005)
OPINION AND ORDER #92165; These settlements include the series of settlement between the Lead Plaintiff and the seventeen Underwriter Defendants, and those between the Lead Plaintiff and the twelve Director Defendants. Lead Plaintiff's petition for approval of the 2005 Settlements is granted, with the three alternations to the Supplemental Plan, as noted above. Lead Counsel's application for attorneys' fees and expenses for the 2005 Settlements is also granted. (Signed by Judge Denise L. Cote on 9/21/05) This Document Relates to: 1:02-cv-5140-DLC,1:02-cv-8220-DLC,1:02-cv-8221-DLC,1:02-cv-8222-DLC, 1:02-cv-8223-DLC,1:02-cv-8224-DLC,1:02-cv-8225-DLC,1:02-cv-8231-DLC, 1:02-cv-8232-DLC,1:02-cv-8233-DLC,1:02-cv-9512-DLC,1:02-cv-9517-DLC, 1:03-cv-335-DLC,1:03-cv-336-DLC,1:03-cv-339-DLC,1:03-cv-1052-DLC. (sac, ) (Entered: 09/23/2005)
ORDER GRANTING LEAD COUNSEL'S MOTION FOR AN AWARD OF ATTONEYS' FEES RELATING TO SETTLEMENTS WITH THE UNDERWRITER DEFENDANTS; the Motion with respect to the fee request sought in connection with the Settlements with the Underwriter Defendants is hereby Approved. The Court hereby finds and concludes that the fee request is fair and reasonable to Members of the Class. The Court hereby awards the sum of $187,720,000 to Lead Counsel as attorneys' fees, which amount shall be allocated by Lead Counsel between and among Lead Counsel and the Assisting Firms, as identified in the Motion, based on Lead Counsel's determination of the relative contributions of the firms of to the prosecution of the litigation and the Settlements with the Underwiter Defendants. The finality of the Judgments entered with respect to the Settlements between Lead Plaintiff and the Underwriter Defendants, or the Judgments entered with respect to the Settlements between Lead Plaintiff and each of the following: the Director Defendants, Arthur Andersen LLP, Bernard Ebbers, Scott Sullivan, David Myers and Buford Yates, shall not be affected in any manner by this Order, or any appeal from this Order approving the fee request. (Signed by Judge Denise L. Cote on 9/21/05) Filed In Associated Cases: 1:02-cv-03288-DLC,1:02-cv-03416-DLC,1:02-cv-03419-DLC,1:02-cv-03508-DLC,1:02-cv-03537-DLC, 1:02-cv-03647-DLC,1:02-cv-03750-DLC,1:02-cv-03771-DLC,1:02-cv-04719-DLC,1:02-cv-04945-DLC, 1:02-cv-04946-DLC,1:02-cv-04958-DLC,1:02-cv-04973-DLC,1:02-cv-04990-DLC,1:02-cv-05057-DLC, 1:02-cv-05071-DLC,1:02-cv-05087-DLC,1:02-cv-05108-DLC,1:02-cv-05224-DLC,1:02-cv-05285-DLC, 1:02-cv-08226-DLC,1:02-cv-08227-DLC,1:02-cv-08228-DLC,1:02-cv-08229-DLC,1:02-cv-08230-DLC, 1:02-cv-08234-DLC,1:02-cv-09513-DLC,1:02-cv-09514-DLC,1:02-cv-09515-DLC,1:02-cv-09516-DLC, 1:02-cv-09519-DLC,1:02-cv-09521-DLC,1:03-cv-02841-DLC,1:03-cv-03592-DLC,1:03-cv-06229-DLC(sac, ) (Entered: 09/23/2005)
ORDER APPROVING LEAD PLAINTIFF'S PLAN OF ALLOCATION WITH RESPECT TO SETTLEMENTS WITH THE UNDERWRITER DEFENDANTS; the proposed Plans of Allocation are Approved. Lead Plaintiff is authorized and directed to utilize the Plans as the basis for calculating the Proofs of Claim submitted by Class Members in connection with the Settlements in this Litigation in accordance with the Plans and the Supplemental Plan of Allocation, as approved by the Court. The Court hereby finds and concludes that the Plans are fair and reasonable to Members of the Class. Subject to the provisions of the Supplemental Plan of Allocation, as approved by the Court, the net proceeds of the settlements with the Underwriter Defendants shall be distributed only to Class Members who purchased WorldCom bonds issued in the May 2000 and May 2001 bond offerings, as stated in this Document. (Signed by Judge Denise L. Cote on 9/21/05) (sac, ) (Entered: 09/23/2005)
ORDER APPROVING LEAD PLAINTIFF'S PLANS OF ALLOCATION WITH RESPECT TO SETTLEMENTS WITH THE DIRECTOR DEFENDANTS, ARTHUR ANDERSEN LLP, BERNARD EBBERS AND SCOTT SULLIVAN; the proposed Plans of Allocation are Approved. Lead Plaintiff is authorized and directed to utilize the Plans as the basis for calculating the Proofs of Claim submitted by Class Members in connection with the Settlements in this Litigation in accordance with the Plans and the Supplemental Plan of Allocation, as approved by the Court. The Court hereby finds and concludes that the Plans are fair and reasonable to Members of the Class of persons and entities who purchased or otherwise acquired publicly traded securities of WorldCom during the Class Period, and who were damaged thereby. Subject to the provisions of the Supplemental Plan of Allocation, as approved by the Court, the Net Settlement Funds shall be allocated to members of the Class, as set forth in this document. (Signed by Judge Denise L. Cote on 9/21/05) (sac, ) (Entered: 09/23/2005)
ORDER GRANTING LEAD COUNSEL'S MOTION FOR AN AWARD OF ATTORNEYS' FEES RELATING TO SETTLEMENTS WITH THE DIRECTOR DEFENDANTS AND ARUTHUR ANDERSEN LLP; The Motion with respect to the fee request sought in connection with the Settlements with the Director Defendants and Arthur Andersen LLP is hereby Approved. The Court hereby finds and concludes that the fee request is fair and reasonable to Members of the Class. The Court hereby awards the sum of $6,880,000 to Lead Counsel as attorneys' fees, which amount shall be allocated by Lead Counsel between and among Lead Counsel and the Assisting Firms, as identified in the Motion, based on Lead Counsel's determination of the relative contributions of the firms to the prosecution of the litigation and the Settlements with the Director Defendants and Andersen. The finality of the Judgments entered with respect to the Settlements between Lead Plaintiff and the Director Defendants and Arthur Andersen LLP, or the Judgments entered with respect to the Settlements between Lead Plaintiff and each of the following: the Underwriter Defendants, Bernard Ebbers, Scott Sullivan, David Myers and Buford Yates, shall not be affected in any manner by this Order, or any appeal from this Order approving the fee request. There is no just reason for delay in the entry of this order granting lead Counsel's Motion for an Award of Attorneys' Fees Relating to Settlements with the Director Defendants and Arthur Andersen LLP, and immediate entry of this Order by the Clerk of Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Denise L. Cote on 9/21/05) Filed In Associated Cases: 1:02-cv-03288-DLC,1:02-cv-03416-DLC,1:02-cv-03419-DLC,1:02-cv-03508-DLC,1:02-cv-03537-DLC, 1:02-cv-03647-DLC,1:02-cv-03750-DLC,1:02-cv-03771-DLC,1:02-cv-04719-DLC,1:02-cv-04945-DLC, 1:02-cv-04946-DLC,1:02-cv-04958-DLC,1:02-cv-04973-DLC,1:02-cv-04990-DLC,1:02-cv-05057-DLC, 1:02-cv-05071-DLC,1:02-cv-05087-DLC,1:02-cv-05108-DLC,1:02-cv-05224-DLC,1:02-cv-05285-DLC, 1:02-cv-08226-DLC,1:02-cv-08227-DLC,1:02-cv-08228-DLC,1:02-cv-08229-DLC,1:02-cv-08230-DLC, 1:02-cv-08234-DLC,1:02-cv-09513-DLC,1:02-cv-09514-DLC,1:02-cv-09515-DLC,1:02-cv-09516-DLC, 1:02-cv-09519-DLC,1:02-cv-09521-DLC,1:03-cv-02841-DLC,1:03-cv-03592-DLC,1:03-cv-06229-DLC(sac, ) (Entered: 09/23/2005)
ORDER GRANTING LEAD COUNSEL'S MOTION FOR REIMBURSEMENT OF EXPENSES; Approved... Lead Counsel's Motion for Awards of Attorneys' Fees and Reimbursement of Expenses and the fairness and reasonableness of the request for reimbursement of expenses to the Class Members. The Court hereby finds and concludes that the request for reimbursement of expenses is fair and reasonable to Members of the Class of persons and entities who purchased or otherwise acquired publicly traded securities of WorldCom during the Class Period, and who were damaged thereby, and that such expenses were reasonable and necessary for prosecution of the case on behalf of the Class. The Court hereby directs that the sum of $10,736,948.25 may be distributed to Lead Counsel from the Settlement Fund, as reimbursement of litigation expenses, which amounts shall be allocated by Lead Counsel as follows: Lead Counsel may distribute the sum of $7,755,295.54 to themselves and the Assisting Firms for the expenses they paid or may be obligated to pay in connection with the prosecution of this Litigation, as identified in the Joint Declaration and Supplemental Declaration filed by Lead Counsel and as approved by Lad Plaintiff; and, Lead Counsel shall direct the payment of $2,970,589.17 to The Garden City Group for the Services it rendered as Notice Administrator and Notice and Claims Administrator; and, Lead Counsel shall direct the payment of $11,063.54 for payment to Lead Plaintiff as reimbursement of expenses incurred in serving as Lead Plaintiff. The finality of the Judgment entered with respect to the Settlements between Lead Plaintiff and the Settling Defendants shall not be affected in any manner by this Order, or any appeal from the Order approving the request for reimbursement of expenses. The notice described herein provided the best notice practicable under the circumstances. Said notice provided due and adequate notice of these proceedings and the matters set forth therein, including the request for reimbursement of expenses, to all persons entitled to such notice, and said notice fully satified the requirements of Rule 23 of the Federal Rules of Civil Procedure and the requirements of due process. There is not just reason for delay in the entry of this Order granting Lead Counsel's Motion for Reimbursement of Expenses, and immediate entry of this Order by the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Denise L. Cote on 9/21/05) (sac, ) Filed In Associated Cases: 1:02-cv-03288-DLC,1:02-cv-03416-DLC,1:02-cv-03419-DLC,1:02-cv-03508-DLC,1:02-cv-03537-DLC, 1:02-cv-03647-DLC,1:02-cv-03750-DLC,1:02-cv-03771-DLC,1:02-cv-04719-DLC,1:02-cv-04945-DLC, 1:02-cv-04946-DLC,1:02-cv-04958-DLC,1:02-cv-04973-DLC,1:02-cv-04990-DLC,1:02-cv-05057-DLC, 1:02-cv-05071-DLC,1:02-cv-05087-DLC,1:02-cv-05108-DLC,1:02-cv-05224-DLC,1:02-cv-05285-DLC, 1:02-cv-08226-DLC,1:02-cv-08227-DLC,1:02-cv-08228-DLC,1:02-cv-08229-DLC,1:02-cv-08230-DLC, 1:02-cv-08234-DLC,1:02-cv-09513-DLC,1:02-cv-09514-DLC,1:02-cv-09515-DLC,1:02-cv-09516-DLC, 1:02-cv-09519-DLC,1:02-cv-09521-DLC,1:03-cv-02841-DLC,1:03-cv-03592-DLC,1:03-cv-06229-DLC Modified on 9/23/2005 (sac, ). (Entered: 09/22/2005)
JUDGMENT approving settlement and dismissing action against James C. Allen, Judith Areen, Carl J. Aycock, Max E. Bobbitt, Clifford L. Alexander, Jr., Francesco Galesi, Stiles A. Kellett, Jr., Gordon S. Macklin, John A. Porter, Bert C. Roberts, Jr., The Estate of John W. Sidgmore, and Lawrence C. Tucker. (Signed by Judge Denise L. Cote on 9/21/05) (ml, ) (Entered: 09/22/2005)
JUDGMENT approving settlement and dismissing action against Arthur Andersen LLP. (Signed by Judge Denise L. Cote on 9/21/05) (ml, ) (Entered: 09/22/2005)
JUDGMENT approving settlement and dismissing action against Scott D. Sullivan. (Signed by Judge Denise L. Cote on 9/21/05) (ml, ) (Entered: 09/22/2005)
JUDGMENT approving settlement and dismissing action against Buford Yates and David Myers. (Signed by Judge Denise L. Cote on 9/21/05) (ml, ) (Entered: 09/22/2005)
JUDGMENT approving the Underwriter Settlements and dismissing the action against the settling underwriter defendants. (Signed by Judge Denise L. Cote on 9/21/05) (ml, ) (Entered: 09/22/2005)
RESPONSE to Reply Memorandum of Law in support of Lead Plantiff's Motions for Final Approval of Settlements. Document filed by Jane B. Selfe. (sac, ) (Entered: 09/21/2005)
TRUE COPY ORDER of USCA as to 2661 Notice of Interlocutory Appeal, filed by Abraham Morris, USCA Case Number 05-2189-cv. IT IS HEREBY STIPULATED AND AGREED by and between the counsel for Morris and the Citigroup Defendants-Appelles that Morris's appeal, is hereby stayed pending disposition by this court on appeal to the judgment. Roseann B. MacKechnie, Clerk USCA. Certified: 9/16/2005. (nd, ) (Entered: 09/21/2005)
NOTICE OF CHANGE OF FIRM ADDRESS; effective 9/26/05, Lerach Coughlin Stoia Geller Rudman & Robbins LLP is relocated to 655 West Broadway, Suite 1900; San Diego, CA 92101.. (sac, ) (Entered: 09/21/2005)
RESPONSE OF THE REGENTS OF THE UNIVERSITY OF CALIFORNIA TO THE COURT'S 9/15/05 ORDER. Document filed by The Regents of the University of California. This document relates to: 03civ6219. (sac, ) (Entered: 09/20/2005)
LEAD PLAINTIFF'S RESPONSE TO OBJECTION OF KENNETH D. LAUB TO THE PROPOSED ORDER APPROVING THE MODIFIED SUPPLEMENTAL PLAN OF ALLOCATION. Document filed by Alan G. Hevesi. Filed In Associated Cases: 1:02-cv-03288-DLC,1:02-cv-03416-DLC,1:02-cv-03419-DLC,1:02-cv-03508-DLC,1:02-cv-03537-DLC, 1:02-cv-03647-DLC,1:02-cv-03750-DLC,1:02-cv-03771-DLC,1:02-cv-04719-DLC,1:02-cv-04945-DLC, 1:02-cv-04946-DLC,1:02-cv-04958-DLC,1:02-cv-04973-DLC,1:02-cv-04990-DLC,1:02-cv-05057-DLC, 1:02-cv-05071-DLC,1:02-cv-05087-DLC,1:02-cv-05108-DLC,1:02-cv-05224-DLC,1:02-cv-05285-DLC, 1:02-cv-08226-DLC,1:02-cv-08227-DLC,1:02-cv-08228-DLC,1:02-cv-08229-DLC,1:02-cv-08230-DLC, 1:02-cv-08234-DLC,1:02-cv-09513-DLC,1:02-cv-09514-DLC,1:02-cv-09515-DLC,1:02-cv-09516-DLC, 1:02-cv-09519-DLC,1:02-cv-09521-DLC,1:03-cv-02841-DLC,1:03-cv-03592-DLC,1:03-cv-06229-DLC, 1:03-cv-07298-DLC,1:03-cv-07299-DLC(sac, ) (Entered: 09/20/2005)
NOTICE OF FILING; the following listed correspondence from Co-Lead Counsel for Lead Plaintiff, addressed to and previously submitted to the Hon. Judge Cote and previously served on all Trial Counsel of Record in this litigation has today been lodged with the Clerk of Court. Filed In Associated Cases: 1:02-cv-03288-DLC,1:02-cv-03416-DLC,1:02-cv-03419-DLC,1:02-cv-03508-DLC,1:02-cv-03537-DLC, 1:02-cv-03647-DLC,1:02-cv-03750-DLC,1:02-cv-03771-DLC,1:02-cv-04719-DLC,1:02-cv-04945-DLC, 1:02-cv-04946-DLC,1:02-cv-04958-DLC,1:02-cv-04973-DLC,1:02-cv-04990-DLC,1:02-cv-05057-DLC, 1:02-cv-05071-DLC,1:02-cv-05087-DLC,1:02-cv-05108-DLC,1:02-cv-05224-DLC,1:02-cv-05285-DLC, 1:02-cv-08226-DLC,1:02-cv-08227-DLC,1:02-cv-08228-DLC,1:02-cv-08229-DLC,1:02-cv-08230-DLC, 1:02-cv-08234-DLC,1:02-cv-09513-DLC,1:02-cv-09514-DLC,1:02-cv-09515-DLC,1:02-cv-09516-DLC, 1:02-cv-09519-DLC,1:02-cv-09521-DLC,1:03-cv-02841-DLC,1:03-cv-03592-DLC,1:03-cv-06229-DLC, 1:03-cv-07298-DLC,1:03-cv-07299-DLC (sac, ) (Entered: 09/20/2005)
ORDER; the transcript of the 9/22/03 proceedings in the WorldCom class action in unsealed. (Signed by Judge Denise L. Cote on 9/14/05) (sac, ) (Entered: 09/20/2005)
ORDER; by 9/19/05, counsel in any Individual Action in which a motion to dismiss is pending and (1) in which there is no agreement in principle to resolve the Individual Action, or (2) in which the parties are not actively engaged in settlement discussions, shall so advise the Court. The parties providing such notification will also indicate whether they desire the intervention of the Settlement Judges to initiate and supervise settlement discussions in their Individual Action. (Signed by Judge Denise L. Cote on 9/15/05) (sac, ) (Entered: 09/20/2005)
MEMORANDUM OPINION & ORDER #92136; re: on 2/25/05, the Director Defendants in the securities class action submitted four motions in limine. The final motion of the Director Defendants is granted to the extent that they seek to exclude from trial the reports of investigations and public statements by Government officials about the investigations of WorldCom.. (Signed by Judge Denise L. Cote on 3/16/05) (sac, ) (Entered: 09/20/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from E. Scott Verhine dated 9/8/05 re: individual plaintiffs in these referenced action submitted courtesy copies of Unopposed Motion for extension of time. Opposition is due 9/23/05 & reply is due 10/14/05.. (Signed by Judge Denise L. Cote on 9/12/05) (sac, ) (Entered: 09/14/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from R. Jay Short, Jr. dated 9/9/05 re: counsel for Mr. Perry Johnston request an additional ten days to respond to various Motions to dismiss with corresponding ten day from Defendants to reply. Opposition is due 9/23 & Reply is due 10/14/05. (Signed by Judge Denise L. Cote on 9/12/05) This Document Relates to: 02civ7980.(sac, ) (Entered: 09/14/2005)
UNOPPSED MOTION for an order, for an Extension of Time until 9/26/05, in which to file their response. Counsel for Plaintiffs in these related actions: 04civ8473; 04civ7482; 04civ6813; 04civ7483; 04civ6696; 04civ6995.. (sac, ) (Entered: 09/14/2005)
ENDORSED LETTER addressed to Judge Denise L. Cote from Irvin B. Nathan dated 9/6/05; re: granting defendant Scott D. Sullivan, permission to be excused from the Final Approval Hearing. (Signed by Judge Denise L. Cote on 9/7/05) This Document Relates to: 02civ4816.(sac, ) (Entered: 09/14/2005)
PLAINTIFFS' RESPONSE TO DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF ITS "PHASE FOUR" MOTION TO DISMISS PLAINTIFF'S SECOND AMDNED COMPLAINT. (sac, ) (Entered: 09/14/2005)
MOTION for an order, admitting Michael J. Maimone and Edmund D. Lyons, Jr. to Appear Pro Hac Vice as counsel for Class Member Richard F. Reynolds. Document filed by Richard F. Reynolds. Declaration of Edward S. Feig; Michael J. Maimone and Edmond D. Lyons, Jr. attached (sac, ) (Entered: 09/14/2005)
MEMORANDUM OF SETTLING DIRECTOR DEFENDANTS submitted in response to the Objection of Class Member Richard F. Reynolds to final approval of settlement and class action determination. (sac, ) (Entered: 09/08/2005)
ORDER; that Lead Counsel need not prepare a written response to that document request. Moulton's request to receive or inspect such documents will be discussed at the 9/9/05 Fairness Hearing in the Securities Litigation. (Signed by Judge Denise L. Cote on 9/6/05) (sac, ) (Entered: 09/07/2005)
CONSENT ORDER ON SUBSTITUTION OF COUNSEL; substituting the law firm of Schulte Roth & Zabel LLP as counsel of record for Class Members Cerberus Partners, LP., Cerberus International Ltd., Cerberus Institutional Partners, L.P. - Series Two, and Cerberus Institutional Partners America L.P. in place of Lowenstein Sandler PC. (Signed by Judge Denise L. Cote on 8/30/05) (sac, ) (Entered: 09/07/2005)
ORDER; that Claimant is enjoined from arbitrating any claims relating to investments in securities issued by WorldCom. (Signed by Judge Denise L. Cote on 8/26/05) (sac, ) (Entered: 09/07/2005)
RICHARD UNGAR'S REPLY to Defendant's Opposition to Plaintiff's Motion and Memorandum to confirm Richard Ungar's Opt-Out Status or in the alternative, Rule 6(b)(2) Motion and Memorandum for enlargement of time.. (sac, ) (Entered: 09/07/2005)
DECLARATION of Eric S. Goldstein in Support of RESPONSES TO THE OBJECTIONS TO THE SUPPLEMENTAL PLAN OF ALLOCATION AND TO THE ADDITIONAL SETTLEMENTS. Document filed by Citigroup Global Markets Limited, Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman, Caboto Holding Sim S.P.A.. Received in the night deposit box on 9/2/05 at 7:11 p.m.. (sac, ) (Entered: 09/07/2005)
RESPONSES TO THE OBJECTIONS TO THE SUPPLEMENTAL PLAN OF ALLOCATION AND TO THE ADDITIONAL SETTLEMENTS. Document filed by Citigroup Global Markets Limited, Citigroup Global Markets, Inc., CitiGroup Inc., Jack Grubman, Caboto Holding Sim S.P.A.. Received in the night deposit box on 9/2/05 at 7:11 p.m.. (sac, ) (Entered: 09/07/2005)
RESPONSE to certain Objections to Final Approval of the Class Settlement with the remaining Defendants. Document filed by J.P. Morgan Securities Inc., JP Morgan Securities, Ltd., J.P. Morgan Chase & Co.. Filed In Associated Cases: 1:02-cv-03288-DLC,1:02-cv-03416-DLC,1:02-cv-03419-DLC,1:02-cv-03508-DLC,1:02-cv-03537-DLC, 1:02-cv-03647-DLC,1:02-cv-03750-DLC,1:02-cv-03771-DLC,1:02-cv-04719-DLC,1:02-cv-04945-DLC, 1:02-cv-04946-DLC,1:02-cv-04958-DLC,1:02-cv-04973-DLC,1:02-cv-04990-DLC,1:02-cv-05057-DLC, 1:02-cv-05071-DLC,1:02-cv-05087-DLC,1:02-cv-05108-DLC,1:02-cv-05224-DLC,1:02-cv-05285-DLC, 1:02-cv-08226-DLC,1:02-cv-08227-DLC,1:02-cv-08228-DLC,1:02-cv-08229-DLC,1:02-cv-08230-DLC, 1:02-cv-08234-DLC,1:02-cv-09513-DLC,1:02-cv-09514-DLC,1:02-cv-09515-DLC,1:02-cv-09516-DLC, 1:02-cv-09519-DLC,1:02-cv-09521-DLC,1:03-cv-02841-DLC,1:03-cv-03592-DLC,1:03-cv-06229-DLC Received in the night deposit box on 9/2/05 at 5:16 p.m..(sac, ) (Entered: 09/07/2005)
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