Farrelly v. Barrett et al

Federal Civil Lawsuit Michigan Eastern District Court, Case No. 2:10-cv-12809
District Judge Marianne O. Battani, presiding
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District Judge Marianne O. Battani
Last Updated November 5, 2017 at 12:59 AM EDT (7.7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Maryellen Farrelly, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Marc Laurence Newman +1 312 641 2225 +1 248 652 2852

Represented by Fink Associates Law

Name Phone Fax E-Mail
Space David H. Fink +1 248 971 2500 +1 248 971 2600 dfink@finkbressack.com

Represented by The Miller Law Firm

Name Phone Fax E-Mail
Space Jayson E. Blake , +1 248 841 2200 jeb@millerlawpc.com
Space Marc L. Newman +1 248 841 2200 +1 248 652 2852 mln@millerlawpc.com
v.
No Logo Bruce Barrett, Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Bruce Loren Segal +1 248 566 8482 bsegal@honigman.com

Represented by Jones Day Reavis & Pogue

Name Phone Fax E-Mail
Space Arthur Thomas O'Reilly +1 313 230 7925 atoreilly@jonesday.com
No Logo Covidien de Corp., Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Bruce Loren Segal +1 248 566 8482 bsegal@honigman.com

Represented by Miller Canfield Paddock & Stone, PLC

Name Phone Fax E-Mail
Space Matthew F. Leitman +1 248 267 3294 +1 248 879 2001 Leitman@millercanfield.com
No Logo Daniel Follis, Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Bruce Loren Segal +1 248 566 8482 bsegal@honigman.com

Represented by Jones Day Reavis & Pogue

Name Phone Fax E-Mail
Space Arthur Thomas O'Reilly +1 313 230 7925 atoreilly@jonesday.com
No Logo James Ausman, Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Bruce Loren Segal +1 248 566 8482 bsegal@honigman.com

Represented by Jones Day Reavis & Pogue

Name Phone Fax E-Mail
Space Arthur Thomas O'Reilly +1 313 230 7925 atoreilly@jonesday.com
No Logo John Jumper, Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Bruce Loren Segal +1 248 566 8482 bsegal@honigman.com

Represented by Jones Day Reavis & Pogue

Name Phone Fax E-Mail
Space Arthur Thomas O'Reilly +1 313 230 7925 atoreilly@jonesday.com
No Logo Richard Sorensen, Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Bruce Loren Segal +1 248 566 8482 bsegal@honigman.com

Represented by Jones Day Reavis & Pogue

Name Phone Fax E-Mail
Space Arthur Thomas O'Reilly +1 313 230 7925 atoreilly@jonesday.com
No Logo Somanetics Corporation, Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Bruce Loren Segal +1 248 566 8482 bsegal@honigman.com

Represented by Jones Day Reavis & Pogue

Name Phone Fax E-Mail
Space Arthur Thomas O'Reilly +1 313 230 7925 atoreilly@jonesday.com
No Logo United States Surgical Corporation, Defendant

Represented by Honigman Miller Schwartz & Cohn LLP

Name Phone Fax E-Mail
Space Bruce Loren Segal +1 248 566 8482 bsegal@honigman.com

Represented by Miller Canfield Paddock & Stone, PLC

Name Phone Fax E-Mail
Space Matthew F. Leitman +1 248 267 3294 +1 248 879 2001 Leitman@millercanfield.com
Attributes
Citation Unknown
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
  Entries (33) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 33 Filed: 10/5/2011, Entered: None Unknown Document TypeCourt Filing
ORDER AND FINAL JUDGMENT. Signed by District Judge Marianne O. Battani. (BThe) (Entered: 10/05/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 10/4/2011, Entered: None Unknown Document Type
AFFIDAVIT of Carole K. Sylvester re 29 MOTION for Attorney Fees , Final Approval of Class Action Settlement and Class Certification (Unopposed) by All Plaintiffs (Newman, Marc) (Entered: 10/04/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 10/4/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting 28 Motion for Leave to File Excess Pages. Signed by District Judge Marianne O. Battani. (CMot) (Entered: 10/04/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 9/27/2011, Entered: None Unknown Document Type
DECLARATION by Shannon L. Hopkins re 29 MOTION for Attorney Fees , Final Approval of Class Action Settlement and Class Certification (Unopposed) filed by All Plaintiffs (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Order and Final Judgment, # 3 Exhibit 2 - Affidvit of Matthew Morris, # 4 Exhibit 3 - Schedule 14D-9, # 5 Exhibit 4 - Summary of Time and Expenses, # 6 Exhibit 5 - Lodestar Report of Levi & Korsinsky, # 7 Exhibit 6 - Lodestar Report of The Miller Law Firm, PC, # 8 Exhibit 7 - Lodestar Report of Holzer Holzer & Fistel LLP, # 9 Exhibit 8 - Lodestar Report of Faruqi & Faruqi, LLP, # 10 Exhibit 9 - Lodestar Report of Stephen Wasinger, # 11 Exhibit 10 - Resume of Levi & Korsinsky LLP, # 12 Exhibit 11 - Resume of Faruqi & Faruqi LLP, # 13 Exhibit 12 - CV of Holzer Holzer & Fistel LLC, # 14 Exhibit 13 - Egleston v. Heartland Order, # 15 Exhibit 14 - GM Order Approving Settlement, # 16 Exhibit 15 - Proquest Final Order and Judgment, # 17 Exhibit 16 - Wong v. T-Mobile Order, # 18 Exhibit 17 - Survey, # 19 Exhibit 18 - Article, # 20 Exhibit 19 - Noven Transcript, # 21 Exhibit 20 - Ubaney Transcript) (Newman, Marc) (Entered: 09/27/2011)
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Blank 29 Filed: 9/27/2011, Entered: None Unknown Document Type
MOTION for Attorney Fees , Final Approval of Class Action Settlement and Class Certification (Unopposed) by All Plaintiffs. (Newman, Marc) (Entered: 09/27/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 9/27/2011, Entered: None Unknown Document Type
Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Newman, Marc) (Entered: 09/27/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 7/8/2011, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER for Approval of Settlement of Class Action: Fairness Hearing set for 10/4/2011 02:00 PM before District Judge Marianne O. Battani Signed by District Judge Marianne O. Battani. (Refer to image for additional dates) (BThe) (Entered: 07/08/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 6/28/2011, Entered: None Unknown Document Type
STIPULATION and Agreement of Compromise, Settlement and Release of Claims by All Plaintiffs (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Amendment No. 4, # 3 Exhibit B - Scheduling Order for Approval of Settlement of the Class Action, # 4 Exhibit C - Notice of Pendency of Class Action, # 5 Exhibit D - Order and Final Judgment) (Newman, Marc) (Entered: 06/28/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 6/28/2011, Entered: None Unknown Document Type
DECLARATION by Shannon L. Hopkins re 24 MOTION for Preliminary Approval of Class Action Settlement and Proposed Class Notice (Unopposed) MOTION for Preliminary Approval of Class Action Settlement and Proposed Class Notice (Unopposed) filed by All Plaintiffs (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1- Stipulation and Agreement of Compromise, Settlement and Release of Claims, # 3 Exhibit 2 - Firm Resume of Levi Korsinsky, # 4 Exhibit 3 - Firm Resume of Faruqi & Faruqi, LLP, # 5 Exhibit 4 - Firm Resume of Holzer Holzer & Fistel LLC) (Newman, Marc) (Entered: 06/28/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 6/28/2011, Entered: None Unknown Document Type
MOTION for Preliminary Approval of Class Action Settlement and Proposed Class Notice (Unopposed) by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Memorandum of Understanding Dated April 27, 2011, # 3 Exhibit 2 - Amendment No. 4 to its Schedule 14D-9) (Newman, Marc) (Entered: 06/28/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 2/28/2011, Entered: None Unknown Document Type
NOTICE by All Parties of withdrawal of 19 MOTION to Dismiss the Action as Moot and in Support of Plaintiff's Counsels' Application for Attorneys' Fees and Reimbursement of Expenses, 14 MOTION to Dismiss. (Segal, Bruce) (Entered: 02/28/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 1/21/2011, Entered: None Unknown Document TypeCourt Filing
NOTICE of hearing on 19 MOTION to Dismiss the Action as Moot and in Support of Plaintiff's Counsels' Application for Attorneys' Fees and Reimbursement of Expenses. Responses due by 2/28/2011 Replies due by 3/23/2011 Motion Hearing set for 3/31/2011 02:00 PM before District Judge Marianne O Battani. (CMot) (Entered: 01/21/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 1/21/2011, Entered: None Unknown Document TypeCourt Filing
ORDER granting 18 Motion for Leave to File Excess Pages. Signed by District Judge Marianne O Battani. (CMot) (Entered: 01/21/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 1/20/2011, Entered: None Unknown Document Type
DECLARATION by Shannon L. Hopkins re 19 MOTION to Dismiss the Action as Moot and in Support of Plaintiff's Counsels' Application for Attorneys' Fees and Reimbursement of Expenses filed by All Plaintiffs (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Levi & Korsinksy Lodestar Report, # 3 Exhibit B - Levi & Korsinsky Expense Report, # 4 Exhibit C - Levi & Korsinsky Biography, # 5 Exhibit D - Affidavit of Marc L. Newman, # 6 Exhibit E - The Miller Law Firm Biography, # 7 Exhibit F- Recommendation Statement on Schedule 14-D9, # 8 Exhibit G - Complaint, # 9 Exhibit H - Somanetics Corporation Form 8-K, # 10 Exhibit I - Letter Dated 7/17/10, # 11 Exhibit J - Comparative Chart, # 12 Exhibit K - Manne Complaint, # 13 Exhibit L - IBEW Local Union v. Noven Pharm. Transcript, # 14 Exhibit M - Ubaney v. Rubinstein Transcript, # 15 Exhibit N - Egleston v. Heartland Order, # 16 Exhibit O - In re Gen. Motors Order, # 17 Exhibit P - In re Proquest Order, # 18 Exhibit Q - Wong v. T-Mobile Order) (Newman, Marc) (Entered: 01/20/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 1/20/2011, Entered: None Unknown Document Type
MOTION to Dismiss the Action as Moot and in Support of Plaintiff's Counsels' Application for Attorneys' Fees and Reimbursement of Expenses by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Proposed Order) (Newman, Marc) (Entered: 01/20/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 1/20/2011, Entered: None Unknown Document Type
Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Newman, Marc) (Entered: 01/20/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 1/20/2011, Entered: None Unknown Document TypeCourt Filing
ORDER to Extend Time to File Response and Reply and Set New Hearing Date re 14 MOTION to Dismiss filed by Covidien de Corp., John Jumper, Somanetics Corporation, James Ausman, Daniel Follis, United States Surgical Corporation, Bruce Barrett, Richard Sorensen. Responses due by 2/28/2011 Replies due by 3/23/2011 and Oral Argument reset to March 31, 2011 at 2:00 p.m. Signed by District Judge Marianne O Battani. (CMot) (Entered: 01/20/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 12/21/2010, Entered: None Unknown Document TypeCourt Filing
NOTICE of hearing on 14 MOTION to Dismiss. Responses due by 1/27/2011 Replies due by 2/23/2011 Motion Hearing set for 3/17/2011 03:00 PM before District Judge Marianne O Battani. (CMot) (Entered: 12/21/2010)
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Legal Document (Payment Possibly Required) 15 Filed: 12/20/2010, Entered: None Unknown Document Type
APPENDIX re: 14 MOTION to Dismiss filed by Covidien de Corp., John Jumper, Somanetics Corporation, James Ausman, Daniel Follis, United States Surgical Corporation, Bruce Barrett, Richard Sorensen. by All Defendants (Segal, Bruce) (Entered: 12/20/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 12/20/2010, Entered: None Unknown Document Type
MOTION to Dismiss by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1- Somanetics Schedule 14D-9, # 3 Exhibit 2- Associated Press Report, # 4 Exhibit 3- Somanetics Form 8-K, # 5 Exhibit 4- Somanetics Schedule to (Amendment No. 3) Tender Offer Statement, # 6 Exhibit 5- Somanetics Supplemental Disclosures, # 7 Exhibit 6 - Email from Shannon Hopkins, 7/21/10, # 8 Exhibit 7- Somanetics Form 8-K, # 9 Exhibit 8- Email from Corey Holzer to Eduard Korsinksy, # 10 Exhibit 9- Letter from Jamie Mogil to E. Korsinsky and J. Farley, # 11 Exhibit 10- Letter from J. Farley to J. Mogil, 12/8/10, # 12 Exhibit 11- Restated Articles of Incorporation of Somanetics Corp.) (Segal, Bruce) (Entered: 12/20/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 12/16/2010, Entered: None Unknown Document TypeCourt Filing
ORDER With Stipulation to Extend Time to Respond to Complaint. Responses due by 12/20/2010 Signed by District Judge Marianne O Battani. (BThe) (Entered: 12/16/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 11/16/2010, Entered: None Unknown Document TypeCourt Filing
ORDER With Stipulation Extending Time to Respond to Complaint. Responses due by 12/13/2010 Signed by District Judge Marianne O Battani. (BThe) (Entered: 11/16/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 10/5/2010, Entered: None Unknown Document TypeCourt Filing
ORDER With Stipulation to Extend Time to Answer/Respond to Complaint. Responses due by 11/12/2010 Signed by District Judge Marianne O Battani. (BThe) (Entered: 10/05/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 7/20/2010, Entered: None Unknown Document Type
NOTICE by Maryellen Farrelly of withdrawal of 4 MOTION for Temporary Restraining Order. (Newman, Marc) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 7/20/2010, Entered: None Unknown Document Type
NOTICE of Appearance by Jayson E. Blake on behalf of Maryellen Farrelly. (Blake, Jayson) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 7/20/2010, Entered: None Unknown Document TypeCourt Filing
NOTICE of hearing on 4 MOTION for Temporary Restraining Order. Motion Hearing set for 7/22/2010 11:00 AM before District Judge Marianne O Battani. (CMot) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 7/20/2010, Entered: None Unknown Document Type
ATTORNEY APPEARANCE: Matthew F. Leitman appearing on behalf of Covidien de Corp., United States Surgical Corporation (Leitman, Matthew) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 7/20/2010, Entered: None Unknown Document Type
ATTORNEY APPEARANCE: Arthur Thomas O'Reilly appearing on behalf of James Ausman, Bruce Barrett, Daniel Follis, John Jumper, Somanetics Corporation, Richard Sorensen and Certificate of Service (O'Reilly, Arthur) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 7/20/2010, Entered: None Unknown Document Type
ATTORNEY APPEARANCE: Bruce L. Segal appearing on behalf of James Ausman, Bruce Barrett, Daniel Follis, John Jumper, Somanetics Corporation, Richard Sorensen and Certificate of Service (Segal, Bruce) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 7/19/2010, Entered: None Unknown Document Type
MOTION for Temporary Restraining Order by Maryellen Farrelly. (Fink, David) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 7/19/2010, Entered: None Unknown Document Type
ATTORNEY APPEARANCE: David H. Fink appearing on behalf of Maryellen Farrelly (Fink, David) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 7/16/2010, Entered: None
SUMMONS Issued for *James Ausman, Bruce Barrett, Covidien de Corp., Daniel Follis, John Jumper, Somanetics Corporation, Richard Sorensen, United States Surgical Corporation* (TMcg) (Entered: 07/16/2010)
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Legal Document (Payment Possibly Required) 1 Filed: 7/15/2010, Entered: None Court Filing
COMPLAINT filed by Maryellen Farrelly against [DEFENDANTS]. Plaintiff requests summons issued. Receipt No: 0645-2550037 - Fee: $ 350. County of 1st Plaintiff: Out of State - County Where Action Arose: Oakland County - County of 1st Defendant: Oakland County. [Previously dismissed case: No] [Possible companion case(s): Oakland County Circuit Court, 10-111464, Judge Leo Bowman] (Newman, Marc) Modified on 7/16/2010 (TMcg). (Entered: 07/15/2010)
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