JUDGMENT for Ernst & Young against All Plaintiffs... ORDERED, ADJUDGED & DECREED that pltffs' securities fraud claims are hereby dismissed for failure to plead fraud with particularity... that the claims of violations of negligence & fiduciary duty are hereby dismissed for lack of standing & that the state law claims are also dismissed for lack of subject matter jurisdiction, in light of the Pltffs' ample opportunity to investigate their claims prior to repleading this case, the dismissal of the claims against deft is w/prej... SO ORDERED, JAMES M. PARKISON, Clerk; EOD: 12-28-92 ; Mailed copies and notice of right to appeal. (mk) (Entered: 12/28/1992)
OPINION # 70830, the Pltffs' securities fraud claims are dismissed for failure to plead fraud with particularity. The claims of violations of negligence & fiduciary duty are dismissed for lack of standing. The state law claims are also dismissed for lack of subject matter jurisdiction. In light of the Pltffs' ample opportunity to inestigate their claims prior to repleading this case, the dismissal of the claims against E&Y is w/prej. (Orig. to J.C.) ( Signed by Judge Robert W. Sweet ); Copies mailed. (mk) (Entered: 12/22/1992)
REPLY MEMORANDUM by Ernst & Whinney in support of [64-1] motion to dismiss w/prej. the 1st & 2nd claims of the 2nd amd cmp., [64-2] motion to dismiss w/prej the 1st, 2nd and 4th claims of the 2nd amd cmp., [64-3] motion to dismiss w/prej. the 2nd, 3rd, and 4th claims of the 2nd amd cmp. Orig. to chambers. Recd in night deposit at 10:25pm. (ar) (Entered: 06/25/1992)
STIPULATION and ORDER, deft Ernst & Young Reply to Response to Motion reset to 6/24/92 [64-1] motion to dismiss w/prej. the 1st & 2nd claims of the 2nd amd cmp., reset to 6/24/92 [64-2] motion to dismiss w/prej the 1st, 2nd and 4th claims of the 2nd amd cmp., reset to 6/24/92 [64-3] motion to dismiss w/prej. the 2nd, 3rd, and 4th claims of the 2nd amd cmp. ( signed by Judge Robert W. Sweet ). (ar) (Entered: 06/17/1992)
MEMORANDUM by All Plaintiffs in opposition to [64-1] motion to dismiss w/prej. the 1st & 2nd claims of the 2nd amd cmp., [64-2] motion to dismiss w/prej the 1st, 2nd and 4th claims of the 2nd amd cmp., [64-3] motion to dismiss w/prej. the 2nd, 3rd, and 4th claims of the 2nd amd cmp. Orig. to chambers. (ar) (Entered: 05/29/1992)
MEMORANDUM by Ernst & Whinney in support of [64-1] motion to dismiss w/prej. the 1st & 2nd claims of the 2nd amd cmp., [64-2] motion to dismiss w/prej the 1st, 2nd and 4th claims of the 2nd amd cmp., [64-3] motion to dismiss w/prej. the 2nd, 3rd, and 4th claims of the 2nd amd cmp. Orig. to chambers. (ar) (Entered: 04/22/1992)
NOTICE OF MOTION by Ernst & Whinney to dismiss w/prej. the 1st & 2nd claims of the 2nd amd cmp. , to dismiss w/prej the 1st, 2nd and 4th claims of the 2nd amd cmp. , to dismiss w/prej. the 2nd, 3rd, and 4th claims of the 2nd amd cmp. , Return date 7/1/92 Orig. to chambers. (ar) (Entered: 04/22/1992)
STIPULATION and ORDER, reset answer due for 4/21/92 for Ernst & Whinney ...should E&Y move to dism. the 2nd amd cmp, pltffs have by 6/5/92 to fl any ans. papers in opp.; & should E&Y so move to dism. the 2nd amd cmp, E&Y has by 6/19/92 fl any reply papers ( signed by Judge Robert W. Sweet ). (ar) (Entered: 04/16/1992)
STIPULATION and ORDER, reset answer to the 2nd amd cmp due for 4/14/92 for Ernst & Whinney ...should E&Y moe to dismiss the 2nd ac, pltffs have by 5/29/92 to file any ans. papers in opp. ...should E&Y move to dismiss, E&Y has by 6/12/92 to file reply papers ( signed by Judge Robert W. Sweet ). (ar) (Entered: 04/10/1992)
STIPULATION and ORDER, reset answer for 2nd amd cmp due for 4/7/92 for Ernst & Whinney ...should E&Y move to dimiss pltffs have up to 5/22/92 to answer...should E&Y move to dismiss E&Y has up to 6/5/92 to fle a reply. ( signed by Judge Robert W. Sweet ). (ar) (Entered: 03/31/1992)
STIPULATION and ORDER, reset answer for the 2nd amended complaint due for 3/31/92 for Ernst & Whinney ...should E&Y move to dismiss the 2nd amd complaint, pltffs have upt to 5/15/92 to file any answering papers in opp; & should E&Y so move to dismiss the 2nd amnded cmplt, E&Y has up to 5/29/92 to serve any rply papers ( signed by Judge Thomas P. Griesa, ). (ar) (Entered: 03/27/1992)
STIPULATION and ORDER, extending time , reset answer due for 3/24/92 for Ernst & Young to the 2nd amended complaint; should E&Y move to dismiss the 2nd amd cmp, pltffs have up to 5/8/92 to answer opposing papers; should E&Y so move to dismiss, E&Y has up to 5/22/92 to serve reply papers. ( signed by Judge Robert W. Sweet ). (ar) (Entered: 03/11/1992)
STIPULATION and ORDER, reset answer due for 3/10/92 for Ernst & Whinney should E&Y move to dismiss the 2nd amd cmp, pltffs have up to 4/17/92 to file any answering papers; should E&Y so move to dismiss the 2nd amded cmp, E&Y has up to 5/1/92 to serve rply papers ( signed by Judge Robert W. Sweet ). (ar) (Entered: 03/10/1992)
MEMORANDUM by All Plaintiffs in support of [56-1] motion to vacate a judgment entered on the docket on 2-13-92 (Forward to Chambers) (mj) (Entered: 03/02/1992)
NOTICE OF MOTION by All Plaintiffs to vacate a judgment entered on the docket on 2-13-92 , Return date 3/18/92 Attached is the Affidavit of Marilyn Neiman. (Forward to Chambers) (mj) Modified on 03/02/1992 (Entered: 03/02/1992)
Letter filed by Ernst & Whinney dated 2-26-92, From Deft Ernst & Young's Atty Michael J. Eng., Addressed to Hon. RWS, J.,.... re: discovery completion ...requests an adjournment of these dates in order to afford ernst & Young necessary and additional time within which to engage in and complete much needed discovery.... (Dktd per instructions of Chambers) (mj) (Entered: 03/02/1992)
REPLY MEMORANDUM by Ernst & Whinney re: in opposition to Pltffs' Motion to compel deposition and in further support of [50-1] cross motion to stay discovery, [50-2] cross motion for protective order (Received in the N.D.B. on 2-25-92 at 8:29 p.m.) (Forward to Chambers) (mj) (Entered: 02/27/1992)
ORDER, set parties shall complete all discovery due for 4/1/92 , set motion filing deadline for 4/1/92 , set court trial briefs due for 4/8/92 , set joint proposed pretrial order due for 4/8/92 , set final pretrial conference for 4/8/92 ( signed by Judge Robert W. Sweet ); Copies mailed (mj) (Entered: 02/26/1992)
STIPULATION and ORDER, reset answer due for 3/3/92 for Ernst & Whinney ..should E&Y move to dismiss the Second Amended Complaint, Pltffs have up to and including 4/3/92 to serve and file any answering papers in opposition; ..should E&Y so move to dismiss the Second Amended Complaint, E&Y has up to and including 4/24/92 to serve and file any reply papers. ( signed by Judge Robert W. Sweet ). (mj) (Entered: 02/26/1992)
MEMORANDUM by Ernst & Whinney in support of [50-1] cross motion to stay discovery, [50-2] cross motion for protective order (Received in the N.D.B. on 2-20-92 at 8:37 p.m.) (Forward to Chambers) (mj) (Entered: 02/27/1992)
NOTICE OF CROSS MOTION by Ernst & Whinney to stay discovery , for protective order , Return date 2/27/92 (Received in the N.D.B. on 2-20-92 at 8:37 p.m.) (Forward to Chambers) (mj) Modified on 02/27/1992 (Entered: 02/27/1992)
JUDGMENT ...That deft's motion to dismiss be and it is hereby granted...that the Amended Complaint be and it is hereby dismissed with leave to replead. (James M. Parkison, Clerk ); Mailed copies and notice of right to appeal. (mj) (Entered: 02/13/1992)
SECOND AMENDED COMPLAINT by All Plaintiffs , (Answer due 2/8/92 for Ernst & Whinney ) amending [1-1] complaint ; Summons issued. ---Jury trial demanded. (mj) Modified on 02/13/1992 (Entered: 02/13/1992)
Letter filed by Ernst & Whinney dated 10-21-91, From Deft's Atty John Matson, Addressed to Hon. RWS, J.,... re: Motion to dism. Amd. Cmp. ...In the briefing that preceded the argument 10-10-91 on the motion of Ernst & Young to dismiss pltffs' complaint against it, there was mention by both sides of Welch v. Cadre Capital Corp.... (Dktd per instructions of Chambers) (mj) (Entered: 02/13/1992)
Letter filed by Ernst & Whinney dated 10-17-91, From Deft's Atty Michael J. Eng, Assistant Gen. Counsel, Addressed to Hon. RWS, J.,... re: Motion to dism. Amd. Cmp. ...we respectfully suggest that there is no need for you to require full briefing of the issue in order for you to rule on Ernst & Young's motion to dismiss the amended complaint. (Dktd per instructions of Chambers) (mj) (Entered: 02/13/1992)
OPINION # 69180 granting [39-1] motion to dismiss w. prej. the 1st and 2nd claims of the amended complaint..for failue to plead fraud with particularity, granting [39-2] motion to dismiss w. prej. the 1st, 2nd and 4th claims of the amended complaint for failure to state a claim upon which relief can be granted, granting [39-3] motion to dismiss w. prej. the 2nd, 3rd and 4th claims for lack of jurisdiction over the subject matter ...with leave to replead. ( Signed by Judge Robert W. Sweet ); Copies mailed. (Forward to Chambers) (mj) (Entered: 02/13/1992)
REPLY MEMORANDUM by Ernst & Whinney re: in support of [39-1] motion to dismiss w. prej. the 1st and 2nd claims of the amended complaint..for failue to plead fraud with particularity, [39-2] motion to dismiss w. prej. the 1st, 2nd and 4th claims of the amended complaint for failure to state a claim upon which relief can be granted, [39-3] motion to dismiss w. prej. the 2nd, 3rd and 4th claims for lack of jurisdiction over the subject matter (mj) (Entered: 02/13/1992)
MEMORANDUM by All Plaintiffs in opposition to [39-1] motion to dismiss w. prej. the 1st and 2nd claims of the amended complaint..for failue to plead fraud with particularity, [39-2] motion to dismiss w. prej. the 1st, 2nd and 4th claims of the amended complaint for failure to state a claim upon which relief can be granted, [39-3] motion to dismiss w. prej. the 2nd, 3rd and 4th claims for lack of jurisdiction over the subject matter (Received in the N.D.B. on 8-30-91 at 5:34 p.m.) (Forward to Chambers) (mj) (Entered: 02/13/1992)
MEMORANDUM by Ernst & Whinney in support of [39-1] motion to dismiss w. prej. the 1st and 2nd claims of the amended complaint..for failue to plead fraud with particularity, [39-2] motion to dismiss w. prej. the 1st, 2nd and 4th claims of the amended complaint for failure to state a claim upon which relief can be granted, [39-3] motion to dismiss w. prej. the 2nd, 3rd and 4th claims for lack of jurisdiction over the subject matter (Received in the N.D.B. on 7-31-91 at 8:11 p.m.) (Forward to Chambers) (mj) (Entered: 02/13/1992)
NOTICE OF MOTION by Ernst & Whinney to dismiss w. prej. the 1st and 2nd claims of the amended complaint..for failue to plead fraud with particularity , to dismiss w. prej. the 1st, 2nd and 4th claims of the amended complaint for failure to state a claim upon which relief can be granted , to dismiss w. prej. the 2nd, 3rd and 4th claims for lack of jurisdiction over the subject matter , Return date 9/26/91 (Received in the N.D.B. on 7-31-91 at 8:11 p.m.) (Forward to Chambers) (mj) (Entered: 02/13/1992)
MEMORANDUM by Ernst & Whinney in opposition to [0-1] motion to consolidate cases 87 Civ 7737 (RWS), 90 Civ 1002 (RWS), 90 Civ 1005 (RWS), 90 Civ 870 (RWS) and 90 Civ 4651 (RWS) (Also Dktd in 90 Civ 4651 (RWS) as a non-numbered entry filed on 6-14-91) (Forward to Chambers) (mj) (Entered: 02/13/1992)
ORDER,...Purs. to the opinion of this Court dated 1-18-91 this action is dismissed w. prej. against defts Peat Marwick Main & Co. and Key Bank ( signed by Judge Robert W. Sweet ); Copies mailed (mj) (Entered: 02/13/1992)
Notice of reasgmnt _ to Judge Robert W. Sweet Copy of notice and judge's rules mailed to Attorney(s) of record: Lewis S. Sandler . (mj) (Entered: 02/13/1992)
Notice of reasgmnt _ to Judge Lawrence M. McKenna Copy of notice and judge's rules mailed to Attorney(s) of record: Lewis S. Sandler . (mj) (Entered: 02/13/1992)
Notice of asgmnt _ to Judge Robert W. Sweet Copy of notice and judge's rules mailed to Attorney(s) of record: Lewis S. Sandler . (mj) (Entered: 02/13/1992)
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