Jana McCoy et al v. Cullum & Burks Securities Inc et al

Federal Civil Lawsuit California Central District Court, Case No. 8:09-cv-01084
District Judge David O. Carter, presiding
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District Judge David O. Carter
Last Updated September 7, 2016 at 6:34 AM EDT (8.6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Cheryl A Merrill, Plaintiff

Represented by Girard Gibbs, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan Krasne Levine +1 415 981 4800 +1 415 981 4846 jkl@girardgibbs.com
No Logo Don Ribacchi, Plaintiff

Represented by Girard Gibbs, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan Krasne Levine +1 415 981 4800 +1 415 981 4846 jkl@girardgibbs.com
No Logo Henry Mitchell, Plaintiff

Represented by Girard Gibbs, LLP

No Logo James K Merrill, Plaintiff

Represented by Girard Gibbs, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan Krasne Levine +1 415 981 4800 +1 415 981 4846 jkl@girardgibbs.com
No Logo Jana McCoy, Plaintiff

Represented by Girard Gibbs, LLP

Represented by Zwerling, Schachter & Zwerling, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Robin F. Zwerling +1 212 223 3900 +1 212 371 5969 rzwerling@zsz.com
No Logo Jeff Huber, Plaintiff

Represented by Girard Gibbs, LLP

No Logo June Sabroff, Plaintiff

Represented by Capretz and Associates

Represented by Dentons (US) LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Stephen L. Brodsky +1 212 768 6700

Represented by Girard Gibbs, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan Krasne Levine +1 415 981 4800 +1 415 981 4846 jkl@girardgibbs.com

Represented by Kohrman Jackson & Krantz - Cleveland

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Ari H Jaffe +1 216 696 6800 +1 216 621 6536 ahj@kjk.com

Represented by Zwerling, Schachter & Zwerling, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Dan Drachler +1 206 223 2053 +1 206 343 9636 ddrachler@zsz.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Robin F. Zwerling +1 212 223 3900 +1 212 371 5969 rzwerling@zsz.com
No Logo McCoy Group, Plaintiff

Represented by Girard Gibbs, LLP

Represented by Zwerling, Schachter & Zwerling, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Robin F. Zwerling +1 212 223 3900 +1 212 371 5969 rzwerling@zsz.com
No Logo Ron Prockaska, Plaintiff

Represented by Girard Gibbs, LLP

v.
No Logo Ameriprise Financial, Inc., Defendant

Represented by Margolis & Tisman LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mike Margolis +1 213 683 0300 +1 213 683 0303 margolis@winlaw.com

Represented by Sutherland Asbill & Brennan LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Bruce Bettigole +1 202 383 0165 +1 202 637 3593 bruce.bettigole@sutherland.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Nicholas T. Christakos +1 202 383 0184 +1 202 637 3593 nicholas.christakos@sablaw.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Deborah G Heilizer +1 202 383 0458 +1 202 637 3593 deb.heilizer@sutherland.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Peter Ligh +2 123 896 5029 +1 212 389 5099 PeterLigh@eversheds-sutherland.us

Represented by Timothy J Martin Law Offices

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy J. Martin +1 303 232 3388 tim@tjmlaw.com
No Logo Capital Financial Holdings, Inc., Defendant

Represented by Corporate Legal LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christine Kay Dusbabek +1 303 874 3185 +1 303 397 1967 cdusbabek@corporatelegal.us
No Logo Capital Financial Services Inc., Defendant

Represented by Corporate Legal LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christine Kay Dusbabek +1 303 874 3185 +1 303 397 1967 cdusbabek@corporatelegal.us
No Logo Capwest Securities, Inc., Defendant

Represented by Fields Fehn & Sherwin

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Orly Davidi +1 310 473 6338 +1 310 473 8508 orlydavidi@ffandslaw.com
ATTORNEY TO BE NOTICED H. Thomas Fehn +1 310 473 6338 tomfehn@ffandslaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Gregory J Sherwin +1 310 473 6338 +1 310 473 8508 gregsherwin@ffandslaw.com
No Logo Cullum & Burks Securities Inc, Defendant

Represented by Elkins Kalt Weintraub Reuben Gartside LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey K Riffer +1 310 746 4400 +1 310 746 4499 jriffer@elkinskalt.com

Represented by Jeffer, Mangels, Butler & Marmaro LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Paul A Kroeger +1 310 203 8080 +1 310 203 0567 pak@jmbm.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Julia Jean Rider +1 310 203 8080 +1 310 203 0567 jjr@jmbm.com
No Logo National Holdings Corp, Defendant

Represented by Elkins Kalt Weintraub Reuben Gartside LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jeffrey K Riffer +1 310 746 4400 +1 310 746 4499 jriffer@elkinskalt.com
ATTORNEY TO BE NOTICED Susan C. V. Jones +1 310 746 4400 +1 310 746 4499 sjones@elkinskalt.com
No Logo National Securities Corp, Defendant

Represented by Elkins Kalt Weintraub Reuben Gartside LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey K Riffer +1 310 746 4400 +1 310 746 4499 jriffer@elkinskalt.com
ATTORNEY TO BE NOTICED Susan C. V. Jones +1 310 746 4400 +1 310 746 4499 sjones@elkinskalt.com
No Logo Securities America Financial Corp, Defendant

Represented by Margolis & Tisman LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mike Margolis +1 213 683 0300 +1 213 683 0303 margolis@winlaw.com

Represented by Sutherland Asbill & Brennan LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Nicholas T. Christakos +1 202 383 0184 +1 202 637 3593 nicholas.christakos@sablaw.com

Represented by Timothy J Martin Law Offices

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Timothy J. Martin +1 303 232 3388 tim@tjmlaw.com
No Logo Securities America, Inc., Defendant

Represented by Margolis & Tisman LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mike Margolis +1 213 683 0300 +1 213 683 0303 margolis@winlaw.com

Represented by Sutherland Asbill & Brennan LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Bruce Bettigole +1 202 383 0165 +1 202 637 3593 bruce.bettigole@sutherland.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Nicholas T. Christakos +1 202 383 0184 +1 202 637 3593 nicholas.christakos@sablaw.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Deborah G Heilizer +1 202 383 0458 +1 202 637 3593 deb.heilizer@sutherland.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Peter Ligh +2 123 896 5029 +1 212 389 5099 PeterLigh@eversheds-sutherland.us

Represented by Timothy J Martin Law Offices

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy J. Martin +1 303 232 3388 tim@tjmlaw.com
Other Parties
No Logo Alvin Sabroff, Movant

Represented by Capretz and Associates

Represented by Dentons (US) LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Stephen L. Brodsky +1 212 768 6700

Represented by Girard Gibbs, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan Krasne Levine +1 415 981 4800 +1 415 981 4846 jkl@girardgibbs.com

Represented by One Cleveland Center

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Ari H Jaffe +1 216 696 6800 +1 216 621 6536 ahj@kjk.com

Represented by Zwerling, Schachter & Zwerling, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Dan Drachler +1 206 223 2053 +1 206 343 9636 ddrachler@zsz.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Robin F. Zwerling +1 212 223 3900 +1 212 371 5969 rzwerling@zsz.com
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
  Entries (125) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 125 Filed: 10/11/2011, Entered: None Court Filing
ORDER by Judge David O. Carter: granting 124 Request to Substitute Attorney Thomas Rittenburg. Attorney Christine Kay Dusbabek terminated. (twdb) (Entered: 10/17/2011)
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Legal Document (Payment Possibly Required) 124 Filed: 10/4/2011, Entered: None Court Filing
REQUEST to Substitute attorney Thomas Rittenburg in place of attorney Christine K. Dusbabek filed by Defendant Capital Financial Holdings, Inc.. Request set for hearing on 11/7/2011 at 08:30 PM before Judge David O. Carter. (Attachments: # 1 Proposed Order)(Rittenburg, Thomas) (Entered: 10/04/2011)
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Legal Document (Payment Possibly Required) 123 Filed: 4/5/2011, Entered: None
NOTICE of Change of Attorney Information for attorney Susan C. V. Jones counsel for Defendants National Holdings Corp, National Securities Corp. Changing address to 2049 Century Park East, Suite 2700, Los Angeles, CA 90067. Filed by Defendants National Securities Corp. and National Holdings Corp. (Jones, Susan) (Entered: 04/05/2011)
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Legal Document (Payment Possibly Required) 122 Filed: 4/1/2011, Entered: None
NOTICE of Change of Attorney Information for attorney Jeffrey K Riffer counsel for Defendants National Holdings Corp, National Securities Corp. Changing address to 2049 Century Park East, Suite 2700, Los Angeles, CA 90067. Filed by Defendants National Securities Corp. and National Holdings Corp. (Riffer, Jeffrey) (Entered: 04/01/2011)
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Legal Document (Payment Possibly Required) 121 Filed: 1/31/2011, Entered: None
RECEIVED Notice of Receipt of Electronic Case Transferred from California Centralhas been opened in Northern District of Texas as case 3:11-cv-00191 filed 01/31/2011. (yl) (Entered: 01/31/2011)
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Legal Document (Payment Possibly Required) 120 Filed: 1/31/2011, Entered: None
Letter from United States District Court: please be advised the above mentioned case was transferred to the USDC Northern District of Texas, Dallas. A copy (not certified) of the transfer order and MDL Transfer Out Letter are enclosed re Order Transferring Case, 119 (Attachments: # 1 copy of order) (twdb) (Entered: 01/31/2011)
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Legal Document (Payment Possibly Required) 119 Filed: 1/26/2011, Entered: None Court Filing
ORDER transferring venue as to certain actions for coordinated settlement negotiations by Judge David O. Carter; transferring case to Northern District of Texas, Dallas. Original file, transfer order and docket sheet sent electronically. (MD JS-6. Case Terminated.) (twdb) (Additional attachment(s) added on 1/28/2011: # 1 CV 22) (twdb). (Entered: 01/28/2011)
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Legal Document (Payment Possibly Required) 118 Filed: 1/13/2011, Entered: None Court Filing
ORDER by Judge David O. Carter: granting 117 Application to Appear Pro Hac Vice by Attorney Gara M. Sliwka on behalf of Capital Financial Services, Inc., designating Thomas Rittenburg as local counsel. (lt) (Entered: 01/14/2011)
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Legal Document (Payment Possibly Required) 117 Filed: 1/12/2011, Entered: None
APPLICATION for attorney Gara M. Sliwka to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8056806 paid.) filed by Defendant Capital Financial Services, Inc.. (Attachments: # 1 Proposed Order ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE)(Rittenburg, Thomas) (Entered: 01/12/2011)
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Legal Document (Payment Possibly Required) 116 Filed: 1/10/2011, Entered: None Court Filing
ORDER by Judge David O. Carter: granting 114 Application to Appear Pro Hac Vice by Attorney David A. Baugh on behalf of defendant Capital Financial Services, Inc., designating Thomas Rittenburg as local counsel. (db) (Entered: 01/10/2011)
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Legal Document (Payment Possibly Required) 115 Filed: 1/10/2011, Entered: None Court Filing
MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: granting 113 Request to Substitute Attorney. Attorney Christine Kay Dusbabek terminated (db) (Entered: 01/10/2011)
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Legal Document (Payment Possibly Required) 114 Filed: 1/7/2011, Entered: None
APPLICATION for attorney David A. Baugh to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8037073 paid.) filed by Defendant Capital Financial Services, Inc.. (Attachments: # 1 Proposed Order ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE)(Rittenburg, Thomas) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 113 Filed: 1/7/2011, Entered: None Court Filing
REQUEST to Substitute attorney Thomas Rittenburg in place of attorney Christine K. Dusbabek filed by Defendant Capital Financial Services, Inc.. Request set for hearing on 2/7/2011 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY)(Rittenburg, Thomas) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 112 Filed: 12/8/2010, Entered: None Court Filing
MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: TAKING MATTERS UNDER SUBMISSION re: 103 Motion to Dismiss; and 105 Motion to Dismiss. Accordingly, the hearing set for December 13, 2010 at 8:30 a.m. is removed from the calendar. Parties will be served with the Court's ruling. (rla) (Entered: 12/08/2010)
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Legal Document (Payment Possibly Required) 111 Filed: 11/1/2010, Entered: None
REPLY in support of MOTION to Dismiss Case with proof of service 103 with proof of service filed by Defendants Ameriprise Financial Inc, Securities America Financial Corp. (Martin, Timothy) (Entered: 11/01/2010)
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Legal Document (Payment Possibly Required) 110 Filed: 11/1/2010, Entered: None
REPLY in support of MOTION to Dismiss Count II Of The Second Amended Consolidated Class Action Complaint with proof of service 105 with proof of service filed by Defendant Securities America Inc.. (Martin, Timothy) (Entered: 11/01/2010)
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Legal Document (Payment Possibly Required) 109 Filed: 10/25/2010, Entered: None
MEMORANDUM in Opposition to MOTION to Dismiss Count II Of The Second Amended Consolidated Class Action Complaint with proof of service 105 , MOTION to Dismiss Case with proof of service 103 filed by Plaintiff McCoy Group. (Girard, Daniel) (Entered: 10/25/2010)
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Legal Document (Payment Possibly Required) 108 Filed: 10/4/2010, Entered: None
ANSWER To Count IV Of The Second Amended Consolidated Class Action Complaint with proof of service filed by Defendant Securities America Inc..(Martin, Timothy) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 107 Filed: 10/4/2010, Entered: None
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Count II Of The Second Amended Consolidated Class Action Complaint with proof of service 105 filed by Defendant Securities America Inc.. (Attachments: # 1 Exhibit A - MP III-I PPM, # 2 Exhibit B - MP III-II PPM, # 3 Exhibit C - MP IV-I PPM, # 4 Exhibit D - MP IV-II PPM, # 5 Exhibit E - MP V PPM)(Martin, Timothy) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 106 Filed: 10/4/2010, Entered: None
MEMORANDUM in Support of MOTION to Dismiss Count II Of The Second Amended Consolidated Class Action Complaint with proof of service 105 filed by Defendant Securities America Inc.. (Martin, Timothy) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 105 Filed: 10/4/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss Count II Of The Second Amended Consolidated Class Action Complaint with proof of service filed by Defendant Securities America Inc.. Motion set for hearing on 12/13/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order Granting Motion To Dismiss)(Martin, Timothy) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 104 Filed: 10/4/2010, Entered: None
MEMORANDUM in Support of MOTION to Dismiss Case with proof of service 103 filed by Defendants Ameriprise Financial Inc, Securities America Financial Corp. (Martin, Timothy) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 103 Filed: 10/4/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss Case with proof of service filed by Defendants Ameriprise Financial Inc, Securities America Financial Corp. Motion set for hearing on 12/13/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order Granting Motion To Dismiss)(Martin, Timothy) (Entered: 10/04/2010)
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Legal Document (Payment Possibly Required) 102 Filed: 9/28/2010, Entered: None Court Filing
ORDER by Judge David O. Carter granting Stipulation 101 : RE: FILING AND BRIEFING OF MOTIONS TO DISMISS IN THE MCCOY AND GROSSBARD ACTIONS [NOTE: CHANGES MADE BY THE COURT] IT IS HEREBY ORDERED as follows: 1. Defendants in Jana McCoy, et al. v. Cullum & Burks Securities, Inc., et al., Case No. SACV 09-1084 DOC (RNBx) and Ilene Grossbard, et al., v. Securities America, Inc., et al., Case No. SACV 10-0478 DOC (RNBx) shall have until October 4, 2010 to move, answer and/or otherwise respond to the Second Amended Consolidated Class Action Complaint filed in the Actions. 2. Plaintiffs' opposition to any motions shall be filed and served by October 25, 2010, and Defendants' replies shall be filed and served by November 1, 2010. (rla) (Entered: 09/28/2010)
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Legal Document (Payment Possibly Required) 101 Filed: 9/27/2010, Entered: None
STIPULATION for Extension of Time to File Answer to October 8, 2010 filed by Defendants Ameriprise Financial Inc, Securities America Financial Corp, Securities America Inc.. (Attachments: # 1 Proposed Order Re: Filing and Briefing of Motions to Dismiss)(Martin, Timothy) (Entered: 09/27/2010)
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Legal Document (Payment Possibly Required) 100 Filed: 9/9/2010, Entered: None
SPECIAL MASTER REPORT of Discovery and Electronic Discovery filed by Plaintiff McCoy Group. (Levine, Jonathan) (Entered: 09/09/2010)
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Legal Document (Payment Possibly Required) 99 Filed: 9/9/2010, Entered: None Court Filing
ORDER by Judge David O. Carter re: Filing of Consolidated Amended Complaint in the McCoy and Grossbard Actions and Extending Time for Defendant Securities America, Inc. to Answer the Negligence Claim in the Grossbard Action. (db) (Entered: 09/09/2010)
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Legal Document (Payment Possibly Required) 98 Filed: 9/7/2010, Entered: None
STIPULATION for Extension of Time to File Answer to September 30, 2010 filed by Defendant Securities America Inc.. (Attachments: # 1 Proposed Order re: filing of consolidated amended complaint and time to answer)(Martin, Timothy) (Entered: 09/07/2010)
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Legal Document (Payment Possibly Required) 97 Filed: 9/2/2010, Entered: None Court Filing
ORDER by Judge David O. Carter Setting Procedure for Consideration of Discovery Motions. (See Order for details) (db) (Entered: 09/03/2010)
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Legal Document (Payment Possibly Required) 96 Filed: 8/11/2010, Entered: None Court Filing
ORDER by Judge David O. Carter Granting Defendants' Motion to Dismiss 44 45 46 48 54 55 . Defendants Motions to Dismiss are GRANTED without leave to amend for the Section 12(a)(1) claim for the Plaintiffs outlined above and otherwise with leave to amend. Plaintiffs shall file any amended complaint within thirty (30) days. Defendants shall file any further motions to dismiss twenty (20) days thereafter. (db) (Entered: 08/12/2010)
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Legal Document (Payment Possibly Required) 95 Filed: 7/8/2010, Entered: None Court Filing
MINUTES OF Motion Hearing held before Judge David O. Carter re 1. MOTION BY DEFENDANT NATIONAL HOLDINGS SECURITIES CORP TO DISMISS CONSOLIDATED AMENDED CLASS ACTION COMPLAINT 44 2. MOTION BY DEFENDANT NATIONAL HOLDINGS CORPS TO DISMISS CONSOLIDATED AMENDED CLASS ACTION COMPLAINT 45 3. MOTION BY DEFENDANT SECURITIES AMERICA INC TO DISMISS CONSOLIDATED AMENDED CLASS ACTION COMPLAINT 46 4. MOTION BY DEFENDANTS AMERIPRISE FINANCIAL AND SECURITIES AMERICA FINANCIAL TO DISMISS CONSOLIDATED AMENDED CLASS ACTION COMPLAINT 48 5. REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT CAPITAL FINANCIAL SERVICES INCS MOTION TO DISMISS 64 6. REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS OPPOSITION TO MOTION TO DISMISS 71 . Counsel argue. Motions are taken under submission. Court Reporter: Debbie Gale, Jane Sutton-Rule. (db) (Entered: 07/12/2010)
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Legal Document (Payment Possibly Required) 94 Filed: 7/8/2010, Entered: None Court Filing
ORDER by Judge David O. Carter, APPOINTING SPECIAL MASTERS AND SETTING DEPOSITION LOCATIONS: (NOTE CHANGES MADE BY THE COURT) The Court HEREBY ORDERS: 1. Appointment. Pursuant to Federal Rule of Civil Procedure 53, the Honorable William F. McDonald (Ret.) is appointed to serve as special master to resolve general discovery issues that may arise during the course of this litigation and for such other matters as may be referred to such special master by the Court, and the Honorable James L. Smith (Ret.) is appointed to serve as special master to resolve electronic discovery issues that may arise during the course of this litigation and for such other matters as may be referred to such special master by the Court. 2. Procedure. The special masters shall have the rights, powers, and duties provided in Rule 53 and may adopt procedures that are consistent with that rule or with this or other orders of the Court. (See document for further details.) 6. Distribution. A copy of this Order shall be mailed by the McCoy plaintiffs to the special masters. (rla) (Entered: 07/12/2010)
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Blank 93 Filed: 6/30/2010, Entered: None Court Filing
INITIAL MULTIDISTRICT COORDINATION ORDER by Judge David O. Carter. This Order shall also apply to related cases later filed in, removed to, or transferred to this Court. (twdb) (Entered: 07/01/2010)
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Blank 92 Filed: 6/14/2010, Entered: None Court Filing
MINUTES OF Initial Status Conference (Evidentiary Hearing) held before Judge David O. Carter. The matter is called. Counsel state their appearances. Court addresses counsel. Counsel argue. Court and counsel confer regarding case management and discovery. Counsel confer on and off the record regarding their selection of discovery and special electronic discovery masters. At the request of counsel for movants Christa and Katrina Zinner, a hand-written chart is filed and admitted into evidence as Exhibit 1. A motion hearing date is set on the following motions on July 8, 2010 at 7:30 a.m. 1. Motion by Defendant National Holdings Securities Corp to Dismiss Consolidated Amended Class Action Complaint 44 2. Motion by Defendant National Holdings Corps to Dismiss Consolidated Amended Class Action Complaint 45 3. Motion by Defendant Securities America Inc to Dismiss Consolidated Amended Class Action Complaint 46 4. Motion by Defendants Ameriprise Financial and Securities America Financial to Dismiss Consolidated Amended Class Action Complaint 48 5. Request for Judicial Notice in Support of Defendant Capital Financial Services Inc's Motion to Dismiss 64 6. Request for Judicial Notice in Support of Plaintiff's Opposition to Motion to Dismiss 71 Court Reporter: Debbie Gale, Jane Sutton-Rule, Sharon Seffens. (db) (Entered: 06/18/2010)
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Legal Document (Payment Possibly Required) 91 Filed: 5/20/2010, Entered: None Court Filing
ORDER by Judge David O. Carter granting 89 Application to Appear Pro Hac Vice by Attorney Ari H. Jaffe on behalf of Plaintiffs Alvin Sabroff and June Sabroff, designating James T. Capretz as local counsel. (rrp) (Entered: 05/24/2010)
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Legal Document (Payment Possibly Required) 90 Filed: 5/18/2010, Entered: None Court Filing
ORDER INITIAL CONFERENCE by Judge David O. Carter: Court ORDERS: 1. Conference. Counsel for all parties shall appear for a conference on June 14, 2010 at 8:30 a.m. in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse at 411 W. Fourth Street, Santa Ana, CA, 92701. The conference will be held for the purposes specified in Fed. R. Civ. P. 16(a), 16(b), 16(c), and 26(f). Counsel are requested to check in with the Courtroom Deputy at least 15 minutes in advance. (See document for further details.) IT IS SO ORDERED. (rla) (Entered: 05/18/2010)
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Legal Document (Payment Possibly Required) 89 Filed: 5/14/2010, Entered: None
APPLICATION for attorney Ari H. Jaffe to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs Alvin Sabroff, June Sabroff. (Attachments: # 1 Proposed Order)(Ledgard, Don) (Entered: 05/14/2010)
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Legal Document (Payment Possibly Required) 88 Filed: 5/11/2010, Entered: None Court Filing
ORDER by Judge David O. Carter: granting 32 Application to Appear Pro Hac Vice by Attorney Dan Drachler on behalf of Alvin Sabroff and June Sabroff, designating James T. Capretz as local counsel. (dba) (Entered: 05/12/2010)
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Legal Document (Payment Possibly Required) 87 Filed: 5/11/2010, Entered: None Court Filing
ORDER by Judge David O. Carter: granting 33 Application to Appear Pro Hac Vice by Attorney Robin F. Zwerling on behalf of Alvin Sabroff and June Sabroff, designating James T. Capretz as local counsel. (dba) (Entered: 05/12/2010)
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Legal Document (Payment Possibly Required) 86 Filed: 5/11/2010, Entered: None Court Filing
ORDER by Judge David O. Carter: granting 37 Application to Appear Pro Hac Vice by Attorney Stephen L. Brodsky on behalf of Alvin Sabroff and June Sabroff, designating James T. Carpretz as local counsel. (dba) (Entered: 05/12/2010)
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Legal Document (Payment Possibly Required) 85 Filed: 5/10/2010, Entered: None
NOTICE of Change of Attorney Information for attorney Daniel C Girard counsel for Plaintiff McCoy Group. Rebecca Anne Netter will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Rebecca Anne Netter is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Daniel C. Girard (Girard, Daniel) (Entered: 05/10/2010)
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Legal Document (Payment Possibly Required) 84 Filed: 4/28/2010, Entered: None
PROOF OF SERVICE filed by Defendants Ameriprise Financial Inc, Securities America Financial Corp, Securities America Inc., re Reply (Motion related) 83 , Reply (Motion related) 82 served on April 28, 2010. (Martin, Timothy) (Entered: 04/28/2010)
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Blank 83 Filed: 4/28/2010, Entered: None
REPLY in Support of MOTION to Dismiss The Consolidated Amended Class Action Complaint 48 filed by Defendants Ameriprise Financial Inc, Securities America Financial Corp. (Martin, Timothy) (Entered: 04/28/2010)
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Blank 82 Filed: 4/28/2010, Entered: None
REPLY in Support of MOTION to Dismiss The Consolidated Amended Class Action Complaint 46 filed by Defendant Securities America Inc.. (Martin, Timothy) (Entered: 04/28/2010)
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Blank 81 Filed: 4/28/2010, Entered: None
MEMORANDUM in Support of MOTION to Dismiss Case 44 filed by Defendant National Securities Corp. (Riffer, Jeffrey) (Entered: 04/28/2010)
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Blank 80 Filed: 4/28/2010, Entered: None
MEMORANDUM in Support of MOTION to Dismiss Case 45 filed by Defendant National Holdings Corp. (Riffer, Jeffrey) (Entered: 04/28/2010)
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Blank 79 Filed: 4/28/2010, Entered: None
REPLY In Support of MOTION to Dismiss Case 55 , MOTION to Dismiss Case 54 filed by Defendants Capital Financial Holdings, Inc., Capital Financial Services, Inc.. (Dusbabek, Christine) (Entered: 04/28/2010)
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Legal Document (Payment Possibly Required) 78 Filed: 4/15/2010, Entered: None Court Filing
ORDER Extending Due Date for Defendants' Replies by Judge David O. Carter. The due date for Defendants replies to Plaintiffs omnibus opposition brief shall be extended by one week from April 21, 2010 to April 28, 2010. (db) (Entered: 04/16/2010)
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Legal Document (Payment Possibly Required) 77 Filed: 4/12/2010, Entered: None Court Filing
ORDER by Judge David O. Carter, GRANTING Stipulation for Subsitution of Named Plaintiff Don Ribacchi 68 : IT IS ORDERED: (1) Plaintiff Don Ribacchi is withdrawn as a plaintiff in these actions; (2) Mr. Ron Prockaska is substituted as a named plaintiff and member of the McCoy Group with respect to the claims asserted against Defendants Capital Financial Services, Inc. and Capital Financial Holdings, Inc. inthese actions; and (3) The substitution of Mr. Prochaska for Mr. Ribacchi shall otherwise have no effect on the pending motion to dismiss the consolidated amended complaint filed by Capital Financial and with no waiver on the part of Capital Financial of any objections, defenses, or claims which Capital Financial may hereafter raise in this matter. Ron Prockaska added. Don Ribacchi terminated. (rla) (Entered: 04/15/2010)
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Legal Document (Payment Possibly Required) 76 Filed: 4/14/2010, Entered: None
STIPULATION for Extension of Time to File Replies filed by Defendants Ameriprise Financial Inc, Securities America Financial Corp, Securities America Inc.. (Attachments: # 1 Proposed Order Extending Due Date For Defendants' Replies)(Martin, Timothy) (Entered: 04/14/2010)
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Legal Document (Payment Possibly Required) 75 Filed: 4/12/2010, Entered: None
NOTICE filed by plaintiff Alvin Sabroff, June Sabroff. Notice of Errata re: Application of Non-Resident Attorney for Stephen L. Brodsky (Attachments: # 1 Declaration Application of Non-Resident Attorney for Stephen L. Brodsky, # 2 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Zwerling, Robin) (Entered: 04/12/2010)
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Legal Document (Payment Possibly Required) 74 Filed: 4/12/2010, Entered: None
NOTICE filed by plaintiff Alvin Sabroff, June Sabroff. Notice of Errata re: Application of Non-Resident Attorney for Robin F. Zwerling (Attachments: # 1 Declaration Application of Non-Resident Attorney for Robin F. Zwerling, # 2 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Zwerling, Robin) (Entered: 04/12/2010)
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Legal Document (Payment Possibly Required) 73 Filed: 4/12/2010, Entered: None
NOTICE filed by plaintiff Alvin Sabroff, June Sabroff. Notice of Errata re: Application of Non-Resident Attorney for Dan Drachler (Attachments: # 1 Declaration Application of Non-Resident Attorney for Dan Drachler, # 2 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Zwerling, Robin) (Entered: 04/12/2010)
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Legal Document (Payment Possibly Required) 72 Filed: 4/7/2010, Entered: None
NOTICE of Appearance filed by attorney Don K Ledgard on behalf of Plaintiff June Sabroff (Ledgard, Don) (Entered: 04/07/2010)
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Legal Document (Payment Possibly Required) 71 Filed: 3/31/2010, Entered: None
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 55 , MOTION to Dismiss Case 45 , MOTION to Dismiss Case 54 , MOTION to Dismiss Case 44 , MOTION to Dismiss The Consolidated Amended Class Action Complaint 46 , MOTION to Dismiss The Consolidated Amended Class Action Complaint 48 filed by PLAINTIFF McCoy Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Girard, Daniel) (Entered: 03/31/2010)
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Blank 70 Filed: 3/31/2010, Entered: None
MEMORANDUM in Opposition to MOTION to Dismiss Case 55 , MOTION to Dismiss Case 45 , MOTION to Dismiss Case 54 , MOTION to Dismiss The Consolidated Amended Class Action Complaint 48 , MOTION to Dismiss Case 44 , MOTION to Dismiss The Consolidated Amended Class Action Complaint 46 filed by Plaintiff McCoy Group. (Girard, Daniel) (Entered: 03/31/2010)
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Legal Document (Payment Possibly Required) 69 Filed: 3/24/2010, Entered: None Court Filing
ORDER by Judge David O. Carter granting 65 Application to Appear Pro Hac Vice by Attorney Nicholas T. Christakos on behalf of Defendant Ameriprise Financial, Inc., Securities America, Inc., and Securities America Financial Corporation, designating Mike Margolis as local counsel. (rrp) (Entered: 03/31/2010)
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Legal Document (Payment Possibly Required) 68 Filed: 3/30/2010, Entered: None
STIPULATION to Dismiss Plaintiff Don Ribacchi filed by Plaintiff Don Ribacchi. (Attachments: # 1 Proposed Order)(Levine, Jonathan) (Entered: 03/30/2010)
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Legal Document (Payment Possibly Required) 67 Filed: 3/29/2010, Entered: None Court Filing
ORDER re Page Limit on Opposition to Motions to Dismiss by Judge David O. Carter. Pursuant to the March 26, 2010 stipulation between Lead Plaintiff the McCoy Group and all Defendants in this action, IT IS HEREBY ORDERED that Plaintiffs are granted permission to file one omnibus brief of no more than 60 pages in opposition to Defendants six motions to dismiss on or before March 31, 2010. (db) (Entered: 03/30/2010)
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Legal Document (Payment Possibly Required) 66 Filed: 3/26/2010, Entered: None
STIPULATION to Exceed Page Limitation as to Omnibus Brief filed by Plaintiff McCoy Group. (Attachments: # 1 Proposed Order)(Levine, Jonathan) (Entered: 03/26/2010)
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Legal Document (Payment Possibly Required) 65 Filed: 3/24/2010, Entered: None
APPLICATION for attorney Nicholas T. Christakos to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendants Ameriprise Financial Inc, Securities America Financial Corp, Securities America Inc.. (Attachments: # 1 Certificate Of Good Standing, # 2 Proposed Order On Application Of Non-Resident Attorney To Appear In A Specific Case)(Martin, Timothy) (Entered: 03/24/2010)
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Legal Document (Payment Possibly Required) 64 Filed: 3/4/2010, Entered: None
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 55 filed by Defendant Capital Financial Services, Inc.. (Attachments: # 1 Exhibit MP III PPM, # 2 Exhibit MP IV PPM, # 3 Exhibit MP V PPM)(Dusbabek, Christine) (Entered: 03/04/2010)
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Legal Document (Payment Possibly Required) 63 Filed: 3/4/2010, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by Defendant Capital Financial Holdings, Inc. (Dusbabek, Christine) (Entered: 03/04/2010)
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Legal Document (Payment Possibly Required) 62 Filed: 3/4/2010, Entered: None
Certification and Notice of Interested Parties filed by Defendant Capital Financial Holdings, Inc., identifying Capital Financial Services, Inc.. (Dusbabek, Christine) (Entered: 03/04/2010)
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Legal Document (Payment Possibly Required) 61 Filed: 3/4/2010, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by Defendant Capital Financial Services, Inc. identifying Capital Financial Holdings, Inc. as Corporate Parent. (Dusbabek, Christine) (Entered: 03/04/2010)
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Legal Document (Payment Possibly Required) 60 Filed: 3/4/2010, Entered: None
Certification and Notice of Interested Parties filed by Defendant Capital Financial Services, Inc., identifying Capital Financial Holdings, Inc.. (Dusbabek, Christine) (Entered: 03/04/2010)
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Legal Document (Payment Possibly Required) 59 Filed: 3/3/2010, Entered: None
Notice of Interested Parties filed by Defendant Securities America Financial Corp, identifying Ameriprise Financial, Inc. and Securities America, Inc.. (Martin, Timothy) (Entered: 03/03/2010)
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Legal Document (Payment Possibly Required) 58 Filed: 3/3/2010, Entered: None
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case 55 , MOTION to Dismiss Case 54 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rrp) (Entered: 03/03/2010)
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Legal Document (Payment Possibly Required) 57 Filed: 3/2/2010, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by Defendant Capwest Securities Inc identifying Capstone Financial Group, Inc. as Corporate Parent. (Sherwin, Gregory) (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 56 Filed: 3/2/2010, Entered: None
Certificate of Interested Parties filed by Defendant Capwest Securities Inc, (Sherwin, Gregory) (Entered: 03/02/2010)
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Blank 55 Filed: 3/2/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Capital Financial Services, Inc.. Motion set for hearing on 5/24/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order CFS Motion to Dismiss, # 2 Declaration Electronic Filing)(Dusbabek, Christine) (Entered: 03/02/2010)
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Blank 54 Filed: 3/2/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Capital Financial Holdings, Inc.. Motion set for hearing on 5/24/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order CFH Motion to Dismiss, # 2 Declaration Electronic Filing of Dismissal)(Dusbabek, Christine) (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 53 Filed: 3/2/2010, Entered: None
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint 50 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rrp) (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 52 Filed: 3/2/2010, Entered: None
[PROPOSED] ORDER GRANTING DEFENDANT NATIONAL HOLDINGS CORP.'S MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT re MOTION to Dismiss Case 45 filed by Defendant National Holdings Corp. (Jones, Susan) (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 51 Filed: 3/2/2010, Entered: None
[PROPOSED] ORDER GRANTING DEFENDANT NATIONAL SECURITIES CORP.'S MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT re MOTION to Dismiss Case 44 filed by Defendant National Securities Corp. (Jones, Susan) (Entered: 03/02/2010)
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Legal Document (Payment Possibly Required) 50 Filed: 3/1/2010, Entered: None
ANSWER to Consolidated Complaint 38 filed by defendant Capwest Securities Inc.(Sherwin, Gregory) (Entered: 03/01/2010)
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Blank 49 Filed: 3/1/2010, Entered: None
MEMORANDUM in Support of MOTION to Dismiss The Consolidated Amended Class Action Complaint 48 filed by Defendants Ameriprise Financial Inc, Securities America Financial Corp. (Martin, Timothy) (Entered: 03/01/2010)
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Blank 48 Filed: 3/1/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss The Consolidated Amended Class Action Complaint filed by Defendant Ameriprise Financial Inc, Securities America Financial Corp. Motion set for hearing on 5/24/2010 at 08:30 AM before Judge David O. Carter. (Martin, Timothy) (Entered: 03/01/2010)
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Blank 47 Filed: 3/1/2010, Entered: None
MEMORANDUM in Support of MOTION to Dismiss The Consolidated Amended Class Action Complaint 46 filed by Defendant Securities America Inc.. (Martin, Timothy) (Entered: 03/01/2010)
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Blank 46 Filed: 3/1/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss The Consolidated Amended Class Action Complaint filed by Defendant Securities America Inc.. Motion set for hearing on 5/24/2010 at 08:30 AM before Judge David O. Carter. (Martin, Timothy) (Entered: 03/01/2010)
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Blank 45 Filed: 3/1/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant National Holdings Corp. Motion set for hearing on 5/24/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum Memorandum of Points and Authorities in Support)(Jones, Susan) (Entered: 03/01/2010)
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Blank 44 Filed: 3/1/2010, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant National Securities Corp. Motion set for hearing on 5/24/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum Memorandum of Points and Authorities in Support)(Jones, Susan) (Entered: 03/01/2010)
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Blank 43 Filed: 3/1/2010, Entered: None
ANSWER to Consolidated Complaint 38 with JURY DEMAND CULLUM & BURKS SECURITIES, INC.'S ANSWER TO CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF SECTIONS 12 AND 15 OF THE SECURITIES ACT OF 1933 filed by Defendant Cullum & Burks Securities Inc.(Rider, Julia) (Entered: 03/01/2010)
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Legal Document (Payment Possibly Required) 42 Filed: 2/16/2010, Entered: None
NOTICE OF CLERICAL ERROR: Due to clerical error, Notice of Filing Fee Due on Pro Hac Application was sent in error. Pro hac vice fee was paid re document control number 37. Fiscal reports that PHV fee of $185 receipt number 0973000000006466677 was paid Re: Notice of Filing Fee Due (PHV) 41 , 37 (vh) Modified on 2/16/2010 (sm). (Entered: 02/16/2010)
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Legal Document (Payment Possibly Required) 41 Filed: 2/10/2010, Entered: None
NOTICE OF FILING FEE DUE on Pro Hac Vice Application filed on February 2, 2010 by attorney Stephen L Brodsky for Movant Alvin Sabroff, Plaintiff June Sabroff. As of today's date, the Court has not yet received the application fee of $185.00. Please remit the fee and this notice immediately. (vh) (Entered: 02/10/2010)
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Legal Document (Payment Possibly Required) 40 Filed: 2/5/2010, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by Defendant National Securities Corp identifying National Holdings Corporation as Corporate Parent. (Riffer, Jeffrey) (Entered: 02/05/2010)
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Legal Document (Payment Possibly Required) 39 Filed: 2/4/2010, Entered: None
Certification and Notice of Interested Parties filed by Defendant National Securities Corp, identifying National Holdings Corp.. (Attachments: # 1 Supplement Additional Party-Connection)(Riffer, Jeffrey) (Entered: 02/04/2010)
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Blank 38 Filed: 1/29/2010, Entered: None
CONSOLIDATED Amended Class Action COMPLAINT related to: Complaint - (Discovery) 1 . Filed by plaintiffs Jeff Huber, Jana McCoy, June Sabroff, James K Merrill, Cheryl A Merrill, Don Ribacchi, Henry Mitchell, McCoy Group (ade) (Entered: 02/02/2010)
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Legal Document (Payment Possibly Required) 37 Filed: 2/2/2010, Entered: None
APPLICATION for attorney Stephen L. Brodsky to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by plaintiff Jana McCoy, McCoy Group. (Attachments: # 1 Proposed Order Proposed Order for Application for Attorney to Appeat Pro Hac Vice)(Zwerling, Robin) (Entered: 02/02/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 2/1/2010, Entered: None
NOTICE OF LODGING filed re APPLICATION for attorney Dan Drachler to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000006462619 paid.) 32 , APPLICATION for attorney Robin F. Zwerling to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000006462873 paid.) 33 (Zwerling, Robin) (Entered: 02/01/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 2/1/2010, Entered: None
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: A Certificate of Good Standing is not attached to pro hac vice application RE: APPLICATION for attorney Dan Drachler to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000006462619 paid.) 32 , APPLICATION for attorney Robin F. Zwerling to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000006462873 paid.) 33 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) (Entered: 02/01/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 1/29/2010, Entered: None
APPLICATION for attorney Stephanie E. Kirwin to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000006466523 paid.) filed by plaintiff Alvin Sabroff, June Sabroff. (Attachments: # 1 Proposed Order Proposed Order)(Zwerling, Robin) (Entered: 01/29/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 1/28/2010, Entered: None
APPLICATION for attorney Robin F. Zwerling to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000006462873 paid.) filed by plaintiff Alvin Sabroff, June Sabroff. (Attachments: # 1 Proposed Order Proposed Order)(Zwerling, Robin) (Entered: 01/28/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 1/28/2010, Entered: None
APPLICATION for attorney Dan Drachler to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000006462619 paid.) filed by plaintiff Alvin Sabroff, June Sabroff. (Attachments: # 1 Proposed Order Proposed Order)(Drachler, Dan) (Entered: 01/28/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 1/14/2010, Entered: None Court Filing
ORDER by Judge David O. Carter. IT IS ORDERED that: Plaintiff's Consolidated Amended Complaint shall be filed on 01/29/2010; Defendants shall have until 03/01/2010 to answer, move against, or otherwise respond to the Consolidated Amended Complaint, and Plaintiffs shall have until 03/31/2010 to file their oppositions to any motions to dismiss and any moving defendants shall have until 04/21/2010 to file their replies in further support of any motions to dismiss. (db) Modified on 1/15/2010 (lwag). (Entered: 01/15/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 1/12/2010, Entered: None
Corrected STIPULATION for Extension of Time to Amend Complaint - (Discovery) 1 filed by Plaintiffs McCoy Group. (Attachments: # 1 Proposed Order)(Levine, Jonathan) (Entered: 01/12/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 1/12/2010, Entered: None
STIPULATION for Extension of Time to Amend Complaint - (Discovery) 1 filed by Plaintiffs McCoy Group.(Levine, Jonathan) (Entered: 01/12/2010)
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Legal Document (Payment Possibly Required) 28 Filed: 1/12/2010, Entered: None
NOTICE of Change of Attorney Information for attorney Julia J Rider counsel for Defendant Cullum & Burks Securities Inc. Adding Julia J. Rider as attorney as counsel of record for Cullum & Burks Securities, Inc. for the reason indicated in the G-06 Notice. Filed by Defendant Cullum & Burks Securities, Inc. (Rider, Julia) (Entered: 01/12/2010)
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Blank 27 Filed: 12/8/2009, Entered: 12/8/2009 OrderCourt Filing
ORDER GRANTING MOTION OF THE McCOY GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF COUNSEL by Judge David O. Carter. Related actions SACV 09-1084 DOC (RNBx), SACV 09-1295 DOC (RNBx), SACV 09-1340 DOC (MLGx), and CV 09-8482 DOC (RNBx) arise out of common alleged facts and raise common legal questions. Accordingly, the Court hereby CONSOLIDATES them pursuant to Federal Rule of Civil Procedure 42(a) for all purposes under the number of the low-numbered case, SACV 09-1084 DOC (RNBx). FROM NOW ON ALL DOCUMENTS RELATING TO ANY OF THE CASES SHOULD BE FILED UNDER NUMBER SACV 09-1084 DOC (RNBx). (ade) (Entered: 12/08/2009)
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Legal Document (Payment Possibly Required) 26 Filed: 12/1/2009, Entered: 12/2/2009 Order on Application to Appear Pro Hac ViceCourt Filing
ORDER by Judge David O. Carter Granting 21 Application to Appear Pro Hac Vice by Attorney Peter Ligh on behalf of Defendant Security America Inc and Ameriprise Financial Inc., designating Mike Margolis as local counsel. (nbo) (Entered: 12/02/2009)
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Legal Document (Payment Possibly Required) 25 Filed: 12/1/2009, Entered: 12/2/2009 Order on Application to Appear Pro Hac ViceCourt Filing
ORDER by Judge David O. Carter: granting 20 Application to Appear Pro Hac Vice by Attorney Deborah G. Heilizer on behalf of defendants Security America Inc. and Ameriprise Financial Inc., designating Mike Margolis as local counsel. (db) (Entered: 12/02/2009)
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Legal Document (Payment Possibly Required) 24 Filed: 12/2/2009, Entered: 12/2/2009 Order on Application to Appear Pro Hac ViceCourt Filing
ORDER by Judge David O. Carter: granting 19 Application to Appear Pro Hac Vice by Attorney Bruce Bettigole on behalf of defendants Security America Inc. and Ameriprise Financial Inc., designating Mike Margolis as local counsel. (db) (Entered: 12/02/2009)
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Legal Document (Payment Possibly Required) 23 Filed: 11/30/2009, Entered: 11/30/2009 Response in Support of Motion
RESPONSE IN SUPPORT of MOTION for Appointment of Counsel MOTION to Consolidate Cases, as to 8:09-cv-01084-DOC-RNB, 8:09-cv-01295-JVS-MLG, 8:09-CV-01340-DOC-MLG, 8:09-cv-8482-DSF-RNB, 13 . (Levine, Jonathan) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 22 Filed: 11/25/2009, Entered: 11/25/2009 Stipulation to Extend Time to Answer (More than 30 days)
STIPULATION for Extension of Time to File Answer to Amended Complaint 30 days from service re Complaint - (Discovery) 1 filed by Plaintiffs Jeff Huber, Jana McCoy, Henry Mitchell.(Levine, Jonathan) (Entered: 11/25/2009)
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Legal Document (Payment Possibly Required) 21 Filed: 11/24/2009, Entered: 11/24/2009 application to appear pro hac vice
APPLICATION for attorney Peter Ligh to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendants Securities America Inc., Ameriprise Financial Inc. (Attachments: # 1 Proposed Order On Application Of Non-Resident Attorney To Appear In A Specific Case)(Martin, Timothy) (Entered: 11/24/2009)
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Legal Document (Payment Possibly Required) 20 Filed: 11/24/2009, Entered: 11/24/2009 application to appear pro hac vice
APPLICATION for attorney Deborah G. Heilizer to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendants Securities America Inc., Ameriprise Financial Inc. (Attachments: # 1 Proposed Order On ApplicationOf Non-Resident Attorney To Appear In A Specific Case)(Martin, Timothy) (Entered: 11/24/2009)
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Legal Document (Payment Possibly Required) 19 Filed: 11/24/2009, Entered: 11/24/2009 application to appear pro hac vice
APPLICATION for attorney Bruce Bettigole to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendants Securities America Inc., Ameriprise Financial Inc. (Attachments: # 1 Proposed Order On Application Of Non-Resident Attorney To Appear In A Specific Case)(Martin, Timothy) (Entered: 11/24/2009)
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Legal Document (Payment Possibly Required) 18 Filed: 11/24/2009, Entered: 11/24/2009 Certificate/Notice of Interested Parties
CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Securities America Inc., identifying Securities America Financial Corporation, Ameriprise Financial, Inc.. (Martin, Timothy) (Entered: 11/24/2009)
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Legal Document (Payment Possibly Required) 17 Filed: 11/24/2009, Entered: 11/24/2009 Certificate/Notice of Interested Parties
CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Ameriprise Financial Inc, identifying Securities America Financial Corporation, Securities America, Inc.. (Martin, Timothy) (Entered: 11/24/2009)
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Legal Document (Payment Possibly Required) 16 Filed: 11/24/2009, Entered: 11/24/2009 Notice of Appearance
NOTICE of Appearance filed by attorney Timothy J. Martin on behalf of Defendants Securities America Inc., Ameriprise Financial Inc (Martin, Timothy) (Entered: 11/24/2009)
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Legal Document (Payment Possibly Required) 15 Filed: 11/20/2009, Entered: 11/20/2009 Declaration (Motion related)
DECLARATION of Jonathan K. Levine in Support of MOTION for Appointment of Counsel MOTION to Consolidate Cases, as to 8:09-cv-01084-DOC-RNB, 8:09-cv-01295-JVS-MLG, 8:09-CV-01340-DOC-MLG, 8:09-cv-8482-DSF-RNB, 13 filed by Plaintiffs Jeff Huber, Jana McCoy, June Sabroff, James K Merrill, Cheryl A Merrill, Don Ribacchi, Henry Mitchell, Movant Alvin Sabroff. (Levine, Jonathan) (Entered: 11/20/2009)
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Legal Document (Payment Possibly Required) 14 Filed: 11/20/2009, Entered: 11/20/2009 Memorandum in Support of Motion
MEMORANDUM in Support of MOTION for Appointment of Counsel MOTION to Consolidate Cases, as to 8:09-cv-01084-DOC-RNB, 8:09-cv-01295-JVS-MLG, 8:09-CV-01340-DOC-MLG, 8:09-cv-8482-DSF-RNB, 13 filed by Plaintiffs Jeff Huber, Jana McCoy, June Sabroff, James K Merrill, Cheryl A Merrill, Don Ribacchi, Henry Mitchell, Movant Alvin Sabroff. (Levine, Jonathan) (Entered: 11/20/2009)
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Legal Document (Payment Possibly Required) 13 Filed: 11/20/2009, Entered: 11/20/2009 Motion for Appointment of CounselCourt Filing
NOTICE OF MOTION AND MOTION for Appointment of Counsel ( Motion set for hearing on 12/14/2009 at 08:30 AM before Judge David O. Carter.), MOTION to Consolidate Cases, as to 8:09-cv-01084-DOC-RNB, 8:09-cv-01295-JVS-MLG, 8:09-CV-01340-DOC-MLG, 8:09-cv-8482-DSF-RNB, filed by Plaintiff Alvin Sabroff, June Sabroff, James K Merrill, Cheryl A Merrill, Don Ribacchi, Jeff Huber, Jana McCoy, Henry Mitchell. (Attachments: # 1 Proposed Order)(Levine, Jonathan) (Entered: 11/20/2009)
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Legal Document (Payment Possibly Required) 12 Filed: 11/17/2009, Entered: 11/17/2009 Certificate/Notice of Interested Parties
CERTIFICATE AND NOTICE of Interested Parties filed by Defendant Cullum & Burks Securities Inc, identifying None. (Riffer, Jeffrey) (Entered: 11/17/2009)
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Legal Document (Payment Possibly Required) 11 Filed: 11/17/2009, Entered: 11/17/2009 Corporate Disclosure Statement
CORPORATE DISCLOSURE STATEMENT filed by Defendant Cullum & Burks Securities Inc identifying None as Corporate Parent. (Riffer, Jeffrey) (Entered: 11/17/2009)
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Legal Document (Payment Possibly Required) 10 Filed: 11/17/2009, Entered: 11/17/2009 First Stipulation Extending Time to Answer (30 days or less)
FIRST STIPULATION Extending Time to Answer the complaint as to Cullum & Burks Securities Inc answer now due 11/24/2009, filed by Defendant Cullum & Burks Securities Inc. (Attachments: # 1 Proposed Order)(Riffer, Jeffrey) (Entered: 11/17/2009)
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Legal Document (Payment Possibly Required) 9 Filed: 11/10/2009, Entered: 11/10/2009 First Stipulation Extending Time to Answer (30 days or less)
FIRST STIPULATION Extending Time to Answer the complaint as to Capwest Securities Inc answer now due 11/24/2009, filed by Plaintiffs Jeff Huber; Jana McCoy; Henry Mitchell.(Levine, Jonathan) (Entered: 11/10/2009)
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Legal Document (Payment Possibly Required) 8 Filed: 11/3/2009, Entered: 11/3/2009 Order Extending Answer Due DeadlineCourt Filing
ORDER by Judge David O. Carter re Stipulation to Extend Time to Answer 4 . IT IS HEREBY ORDERED that: (1) Defendants shall not be required to answer, move against, or otherwise respond to the Complaint; (2) Defendants shall have thirty (30) days from service of the Amended Complaint to answer, move against, or otherwise respond to the Amended Complaint: and (3) In the event that Defendants intend to move to dismiss the Amended Complaint, the parties shall discuss a briefing schedule and submit a proposed schedule to the Court at the time of response to the Amended Complaint. (db) (Entered: 11/03/2009)
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Legal Document (Payment Possibly Required) 7 Filed: 10/28/2009, Entered: 10/28/2009 Service of Summons and Complaint Returned Executed (21 days)
PROOF OF SERVICE Executed by Plaintiffs Jeff Huber, Jana McCoy, Henry Mitchell, upon Capwest Securities Inc served on 10/7/2009, answer due 10/27/2009. The Summons and Complaint were served by Personal Service service, by Federal Rules of Civil Procedure statute, upon Megan Seymour, Clerk. Due Dilligence declaration Not Attached. Original Summons Was Returned. (Levine, Jonathan) (Entered: 10/28/2009)
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Legal Document (Payment Possibly Required) 6 Filed: 10/28/2009, Entered: 10/28/2009 Service of Summons and Complaint Returned Executed (21 days)
PROOF OF SERVICE Executed by Plaintiffs Jeff Huber, Jana McCoy, Henry Mitchell, upon Securities America Inc. served on 10/9/2009, answer due 10/29/2009. The Summons and Complaint were served by Personal Service service, by Federal Rules of Civil Procedure statute, upon James Nagengasi, President. Due Dilligence declaration Not Attached. Original Summons Was Returned. (Levine, Jonathan) (Entered: 10/28/2009)
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Legal Document (Payment Possibly Required) 5 Filed: 10/28/2009, Entered: 10/28/2009 Service of Summons and Complaint Returned Executed (21 days)
PROOF OF SERVICE Executed by Plaintiffs Jeff Huber, Jana McCoy, Henry Mitchell, upon Ameriprise Financial Inc served on 10/7/2009, answer due 10/27/2009. The Summons and Complaint were served by Personal Service service, by Federal Rules of Civil Procedure statute, upon Maria Sanchez, Clerk. Due Dilligence declaration Not Attached. Original Summons Was Returned. (Levine, Jonathan) (Entered: 10/28/2009)
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Legal Document (Payment Possibly Required) 4 Filed: 10/28/2009, Entered: 10/28/2009 Stipulation to Extend Time to Answer (More than 30 days)
STIPULATION for Extension of Time to File Answer re Complaint - (Discovery) 1 filed by Plaintiffs Jeff Huber, Jana McCoy, Henry Mitchell. (Attachments: # 1 Proposed Order)(Levine, Jonathan) (Entered: 10/28/2009)
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Legal Document (Payment Possibly Required) 3 Filed: 10/2/2009, Entered: 10/2/2009 Transferring Case purs GO 08-05 (Related Case (CV 34)Court Filing
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: SACV09-00818 DOC (RNBx). Case transferred from Judge Andrew J. Guilford to Judge David O. Carter for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV09-01084 DOC (RNBx). Signed by Judge David O. Carter (ade) (Entered: 10/02/2009)
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Legal Document (Payment Possibly Required) 2 Filed: 9/18/2009, Entered: 9/23/2009 Certificate/Notice of Interested Parties
CERTIFICATION AND NOTICE of Interested Parties filed by plaintiffs Jeff Huber, Jana McCoy, Henry Mitchell, (twdb) (lwag). (Entered: 09/23/2009)
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Blank 1 Filed: 9/18/2009, Entered: 9/23/2009 Complaint - (Discovery)
COMPLAINT against defendants Cullum & Burks Securities Inc, Securities America Inc., Ameriprise Financial Inc, Capwest Securities Inc.(Filing fee $ 350 paid) jury demand., filed by plaintiffs Jeff Huber, Jana McCoy, Henry Mitchell.(twdb) (lwag). (Entered: 09/23/2009)
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