Smilovits v. First Solar Incorporated et al
| Johnny Hyldmar, Mineworkers' Pension Scheme, British Coal Staff Superannuation Scheme, Maverick Funds and Mark Smilovits |
| First Solar Incorporated, Mark R Widmar, Bruce Sohn, William J Post, Michael J Ahearn, David Eaglesham, Robert J Gillette, Craig Kennedy, James Zhu, Jens Meyerhoff, Wayne County Employees' Retirement System, Paul H Stebbins, Jose H Villarreal, James F Nolan, J Thomas Presby and Michael Sweeney |
| New York State Teachers' Retirement System, Vikean Limited, Fulton County Employees' Retirement System, Raymond W O'Brien, Oakland County Employees Retirement System, Wiltshire Pension Fund, Louisiana Municipal Police Employees Retirement System, Erste-Sparinvest Kapitalanlagegesellschaft mbH and George Conway |
| 2:2012cv00555 |
| March 15, 2012 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| XX US, Outside State |
| David G Campbell |
| Other Statutes: Securities/Commodities |
| 15 U.S.C. § 78 |
| Both |
Docket Report
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This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.
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Filing 709
ORDER granting #700 Motion for Preliminary Approval Pursuant to Fed. R. Civ. P. 23(e)(1) and Permitting Notice to the Class. A Final Approval Hearing is set for 6/30/2020 at 1:30 p.m. at the Sandra Day O'Connor United States Courthouse, United States District Court for the District of Arizona, 401 West Washington Street, Phoenix, AZ, in Courtroom 603. Signed by Senior Judge David G Campbell on 3/2/2020. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3) (CLB)
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| Filing 707 TRANSCRIPT REQUEST (3rd Party) by Jefferson Holder of Dechert LLP for proceedings held on 02/27/2020, Judge David G Campbell hearing judge(s). (RAP) |
| Filing 706 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 02-27-2020, Judge David G Campbell hearing judge(s). (Roth, Joseph) |
| Filing 705 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on February 27, 2020, Judge David G Campbell hearing judge(s). (Stewart, Ellen) |
| Filing 704 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Motion Hearing held on 2/27/2020. Discussion is held regarding the Unopposed Motion for Preliminary Approval of Class Action Settlement. Doc. #700 . The Court will grant the motion with the following changes to the class notice (See attachment). Order to issue. (Court Reporter Patricia Lyons.) Hearing held 2:01 PM to 2:48 PM.(CLB) |
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Filing 703
ORDER: Motion Hearing set for 2/27/2020 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell re: #700 MOTION Lead Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme, Hearing set as to #700 MOTION Lead Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement. Signed by Senior Judge David G Campbell on 2/18/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 702 DECLARATION of Michael Joaquin Regarding Notice and Claims Process re: #700 MOTION Lead Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 701 STIPULATION re: #700 MOTION Lead Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement Stipulation of Settlement by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit A - Proposed Order Granting Preliminary Approval of Settlement, #2 Exhibit A-1 - Notice of Proposed Settlement, #3 Exhibit A-2 - Proof of Claim and Release, #4 Exhibit A-3 - Summary Notice, #5 Exhibit B - Proposed Order and Final Judgment)(Drosman, Daniel) |
| Filing 700 MOTION Lead Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Proposed Schedule, #2 Text of Proposed Order)(Drosman, Daniel) |
| Filing 699 TRANSCRIPT REQUEST *(3rd Party) by Luis Lopez of Dechert LLP for proceedings held on 01/06/2020, Judge David G Campbell hearing judge(s). (RAP) *Modified to reference third party request on 2/11/2020 (RAP). |
| Remark: Pro hac vice motion(s) granted for Ellen Gusikoff Stewart on behalf of Plaintiffs British Coal Staff Superannuation Scheme and Mineworkers' Pension Scheme. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 698 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE REGARDING SETTLEMENT proceedings held on 01/06/2020, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/28/2020. Redacted Transcript Deadline set for 2/7/2020. Release of Transcript Restriction set for 4/6/2020. (RAP) |
| Filing 697 TRANSCRIPT REQUEST by First Solar Incorporated for proceedings held on January 6, 2020, Judge David G Campbell hearing judge(s). (Roth, Joseph) |
| Filing 696 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 1/6/2020, Judge David G Campbell hearing judge(s). (Drosman, Daniel) |
| Filing 695 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Status Conference held on 1/6/2020. The parties have informed the Court a settlement has been reached. The Court places the details of the settlement on the record. The Motion for Preliminary Approval is due Friday, February 14, 2020. The jury trial set for January 7, 2020 is vacated. (Court Reporter Patricia Lyons.) Hearing held 10:00 AM to 10:44 AM.(CLB) |
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Filing 694
ORDER. The Court has been informed that this case has settled, and is in the process of scheduling a hearing on the settlement for later this morning. The Court's longstanding policy is not to cancel a jury trial until it is satisfied that a final and binding settlement has been reached. Such a determination is not entirely possible in a class action, where notice to the class and a settlement approval hearing are required. But the Court will require the parties, at this morning's hearing, to describe in detail the settlement that has been reached so it can make at least a preliminary determination that the settlement is likely to be approved. Only then will the Court cancel the jury trial scheduled to begin tomorrow. Signed by Senior Judge David G Campbell on 1-6-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 693 Proposed Verdict Form by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Brooks, Luke) |
| Filing 692 Proposed Verdict Form by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Slifkin, Daniel) |
| Filing 691 TRANSCRIPT REQUEST (Amended) by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on duration of trial 1/7/2020 thru 1/31/2020, Judge David G Campbell hearing judge(s). (Roth, Joseph) |
| Filing 690 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on January 7, 2020 through January 31, 2020, Judge David G Campbell hearing judge(s). (Drosman, Daniel) |
| Filing 689 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 1/7/2020 - 1/31/2020, Judge David G Campbell hearing judge(s). (Roth, Joseph) |
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Filing 688
ORDER re deposition designations for trial. Signed by Senior Judge David G Campbell on 1/2/2020. (DGC, nvo)
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Filing 685
ORDER denying #485 Motion ; denying #632 Motion ; granting in part and denying in part #633 Motion. Signed by Senior Judge David G Campbell on 12/27/2019.(DGC, nvo)
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| Filing 687 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC STATUS CONFERENCE proceedings held on 07/02/2019, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/16/2020. Redacted Transcript Deadline set for 1/27/2020. Release of Transcript Restriction set for 3/25/2020. (RAP) |
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Filing 684
ORDER. The Court will not issue the ruling on the remaining Daubert motions today as anticipated. The ruling will be issued as soon as possible. Signed by Senior Judge David G Campbell on 12-20-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 686 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE proceedings held on 12/18/2019, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/9/2020. Redacted Transcript Deadline set for 1/21/2020. Release of Transcript Restriction set for 3/18/2020. (RAP) |
| Filing 683 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 7/2/19, Judge David G Campbell hearing judge(s). (Brooks, Luke) |
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Filing 682
ORDER re jurors excused for hardship and cause and jurors to appear for voir dire. Signed by Senior Judge David G Campbell on 12/18/2019. (DGC, nvo)
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| Filing 681 Court's Amended Proposed Preliminary Jury Instructions and Voir Dire as discussed at the final pretrial conference on 12/18/2019. (DGC, nvo) |
| Filing 680 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Final Pretrial Conference held on 12/18/2019. Defendants withdraw objection to the remaining alleged misrepresentations, and the Court will deny the #522 Motion in Limine. Plaintiffs' Motion for Alternative Service of Subpoena #662 is discussed. Because Ms. Kimber is outside the subpoena power of the Court, the Court will not order her appearance on a certain date. Under Rule 32, the plaintiffs can use her deposition if they choose to, even if she is called in Defendants' case. As it relates to Mr. Kallenbach, Plaintiffs should decide whether they want him to appear on January 23, 24, or 29, and the parties should work out the sharing of his expenses. See attachment for further details. (Court Reporter Patricia Lyons.) Hearing held 9:58 a.m. to 12:17 p.m. (CLB) |
| Filing 679 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 12/18/19, Judge David G Campbell hearing judge(s). (Roth, Joseph) |
| Filing 678 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 12/18/2019, Judge David G Campbell hearing judge(s). (Drosman, Daniel) |
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Filing 677
ORDER granting #635 motion regarding insider trading claim. This motion is granted for the reasons stated at Doc. 661, pages 19-21. Signed by Senior Judge David G Campbell on 12-18-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Remark: Pro hac vice motion(s) granted for David H Korn on behalf of Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, and James Zhu. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 676
ORDER. In response to Plaintiffs' motion for service of a subpoena on Mr. Kallenbach by alternative means, Defendants state that he has agreed to appear and testify on January 28, 2020. Doc. 666. Trial will not be held on that date. See Doc. 462 at 2. Defense counsel should attempt to communicate with Mr. Kallenbach and be prepared to propose a different date during tomorrow's final pretrial conference. Signed by Senior Judge David G Campbell on 12-17-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 675 Court's Proposed Preliminary Jury Instructions and Voir Dire. (DGC, nvo) |
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Filing 674
ORDER re Daubert motions: Denying #486 Motion; granting in part and denying in part #487 Motion; denying #488 Motion; denying #630 Motion denying #631 Motion; granting in part and denying in part #634 Motion. Signed by Senior Judge David G Campbell on 12/17/2019.(DGC, nvo)
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| Filing 673 RESPONSE re: 660 Order Table of Statements Subject to Defendants' Motion in Limine No. 6 by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit A_Table of Statements Subject to Defendants' Motion in Limine No. 6 [REDACTED], #2 Exhibit B_Lead Plaintiffs' Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Second Amended Responses to Defendant Michael J. Ahearn's First Set of Interrogatories to Lead Plaintiffs [REDACTED])(Janoski, Marco) |
| Filing 672 SEALED LODGED Proposed Exhibits A and B to the Table of Statements Subject to Defendants' Motion in Limine No. 6 re: #671 MOTION to Seal Document #521 Sealed Lodged Proposed Document, #522 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 6 CONCERNING MISSTATEMENTS ADDED BY PLAINTIFFS AFTER SUMMARY JUDGMENT . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit A_Table of Statements Subject to Defendants' Motion in Limine No. 6, #2 Exhibit B_Lead Plaintiffs' Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Second Amended Responses to Defendant Michael J. Ahearn's First Set of Interrogatories to Lead Plaintiffs)(Janoski, Marco) |
| Filing 671 *MOTION to Seal Document re: #521 Sealed Lodged Proposed Document, #522 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 6 CONCERNING MISSTATEMENTS ADDED BY PLAINTIFFS AFTER SUMMARY JUDGMENT by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Janoski, Marco) *Modified on 12/17/2019 (SCH). |
| Filing 670 REPLY to Response to Motion re: #662 MOTION Plaintiffs' Motion for Entry of Order Permitting Plaintiffs to Serve Trial Subpoena by Alternative Methods on Nonparty Terry Lee Kallenbach filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
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Filing 669
ORDER granting in part and denying in part #550 Motion entry of a set-aside order. See Order for details. Signed by Senior Judge David G Campbell on 12/16/2019.(DGC, nvo)
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| Filing 668 Joint Statement of the Case by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 667 NOTICE of Filing - Proposed Pretrial Order filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme . (Attachments: #1 Exhibit A - Plaintiffs' Trial Exhibit List, #2 Exhibit B - Defendants' Trial Exhibit List, #3 Exhibit C - Plaintiffs' Deposition Designations, #4 Exhibit D - Defendants' Deposition Designations, #5 Exhibit E - Proposed Jury Instructions, #6 Exhibit F - Plaintiffs' Proposed Verdict Form, #7 Exhibit G - Defendants' Proposed Verdict Form, #8 Exhibit H - Plaintiffs' Objections to Defendants' Verdict Form, #9 Exhibit I - Defendants' Objections to Plaintiffs' Verdict Form)(Drosman, Daniel) |
| Filing 666 RESPONSE in Opposition re: #662 MOTION Plaintiffs' Motion for Entry of Order Permitting Plaintiffs to Serve Trial Subpoena by Alternative Methods on Nonparty Terry Lee Kallenbach filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 665 NOTICE re: Notice to Court Reporter by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme . (Drosman, Daniel) |
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Filing 664
ORDER re jurors to be excused for hardship. Signed by Senior Judge David G Campbell on 12/13/2019. (DGC, nvo)
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| Filing 662 MOTION Plaintiffs' Motion for Entry of Order Permitting Plaintiffs to Serve Trial Subpoena by Alternative Methods on Nonparty Terry Lee Kallenbach by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Affidavit Declaration of Darryl J. Alvarado in Support of Motion for Entry of Order Permitting Plaintiffs to Serve Trial Subpoena by Alternative Methods on Nonparty Terry Lee Kallenbach, #2 Exhibit A_09-13-19 Korn email, #3 Exhibit B_December 3 telephonic status conference transcript, #4 Exhibit C_10-18-19 Korn email, #5 Exhibit D_Invoices from service processer, #6 Exhibit E_ Excerpts of Kallenbach deposition transcript, #7 Text of Proposed Order)(Alvarado, Darryl) |
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Filing 661
ORDER finding as moot #492 Motion in Limine; finding as moot #493 Motion in Limine; granting in part and denying in part #494 Motion in Limine; denying #495 Motion in Limine; granting #496 Motion in Limine; denying #497 Motion in Limine; denying #498 Motion in Limine; denying #499 Motion in Limine; denying #501 Motion in Limine; denying #502 Motion in Limine; denying #503 Motion in Limine; denying #504 Motion in Limine; denying #505 Motion in Limine; granting #506 Motion in Limine; denying #507 Motion in Limine; denying #508 Motion in Limine; granting #509 Motion in Limine; granting #510 Motion in Limine; granting #513 Motion in Limine; granting #515 Motion in Limine; denying #517 Motion in Limine; denying #519 Motion in Limine; denying #520 Motion in Limine; taking under advisement #522 Motion in Limine; denying #525 Motion in Limine; denying #527 Motion in Limine; denying #530 Motion in Limine; denying #531 Motion in Limine; denying #534 Motion in Limine; denying #536 Motion in Limine; denying #537 Motion in Limine; granting #539 Motion in Limine; denying #540 Motion in Limine; granting #541 Motion in Limine; granting #542 Motion in Limine; granting #544 Motion in Limine. Signed by Senior Judge David G Campbell on 12/9/2019.(DGC, nvo)
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Filing 660
ORDER. To assist the Court in ruling on Defendants' Motion in Limine 6 (Doc. 521), Plaintiffs shall, by December 16, 2019, prepare and file a table that shows the number of each statement at issue (17, 20, 22, 26, 38, 42, 46, 50, or 56), quotes the exact language of the statement, and quotes the exact language of the complaint or other discovery response (before August 31, 2018) that disclosed the statement to Defendants as an alleged misrepresentation or omission. The Court will address this table with the parties at the final pretrial conference. Signed by Senior Judge David G Campbell on 12-9-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 659 REPLY to Response to Motion re: #634 MOTION Defendants' Motion to Exclude Expert Testimony of D. Paul Regan [Redacted Version of ECF No. 538] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 658 SEALED LODGED Proposed Defendants' Reply in Further Support of Their Motion to Exclude Expert Testimony of D. Paul Regan re: #649 MOTION to Seal Document (Defendants' Motion to File Documents Under Seal). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 657 REPLY to Response to Motion re: #633 MOTION Defendants' Motion to Exclude Expert Testimony of M. Todd Henderson [Redacted Version of ECF No. 532] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B)(Slifkin, Daniel) |
| Filing 656 SEALED LODGED Proposed Defendants' Reply in Further Support of Their Motion to Exclude Expert Testimony of M. Todd Henderson re: #649 MOTION to Seal Document (Defendants' Motion to File Documents Under Seal). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 655 REPLY to Response to Motion re: #632 MOTION Defendants' Motion to Exclude Expert Testimony of Steven P. Feinstein [Redacted Version of ECF No. 545] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Slifkin, Daniel) |
| Filing 654 SEALED LODGED Proposed Defendants' Reply in Further Support of Their Motion to Exclude Expert Testimony of Steven P. Feinstein re: #649 MOTION to Seal Document (Defendants' Motion to File Documents Under Seal). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 653 REPLY to Response to Motion re: #631 MOTION Defendants' Motion to Exclude Expert Testimony of Valerie Davisson [Redacted Version of ECF No. 528] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 652 SEALED LODGED Proposed Defendants' Reply in Further Support of Their Motion to Exclude Expert Testimony of Valerie Davisson re: #649 MOTION to Seal Document (Defendants' Motion to File Documents Under Seal). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 651 REPLY to Response to Motion re: #630 MOTION Defendants' Motion to Exclude Expert Testimony of Howard M. Branz [Redacted Version of ECF No. 524] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 650 SEALED LODGED Proposed Defendants' Reply in Further Support of Their Motion to Exclude the Expert Testimony of Howard M. Branz, Ph.D. re: #649 MOTION to Seal Document (Defendants' Motion to File Documents Under Seal). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 649 MOTION to Seal Document (Defendants' Motion to File Documents Under Seal) by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 648 REPLY to Response to Motion re: #488 MOTION Plaintiffs' Motion to Exclude the Expert Opinions of Varun Sivaram, Ph.D [redacted version] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Affidavit Declaration of Hillary B. Stakem in Further Support of Plaintiffs' Motion to Exclude the Expert Testimony of Varun Sivaram, Ph.D., #2 Exhibit 4_SIVARAM00000942 - SIVARAM00001081)(Stakem, Hillary) |
| Filing 647 REPLY to Response to Motion re: #487 MOTION Plaintiffs' Motion to Exclude the Expert Report and Testimony of Dan Reicher [redacted version] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stewart, Christopher) |
| Filing 646 REPLY to Response to Motion re: #486 MOTION Plaintiffs' Motion to Exclude Jennifer Marietta-Westbergs Testimony Regarding First Solar, Inc.s Risk Warnings [redacted version] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 645 REPLY to Response to Motion re: #485 MOTION Plaintiffs Motion to Exclude Testimony of Expert Witness Allan W. Kleidon, Ph.D [redacted version] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Brooks, Luke) |
| Filing 644 SEALED LODGED Proposed Exhibit 4 SIVARAM00000942 - SIVARAM00001081 re: #639 MOTION to Seal Document Plaintiffs' Motion to Seal Reply Memoranda. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stakem, Hillary) |
| Filing 643 SEALED LODGED Proposed Plaintiffs' Reply Memorandum in Support of Motion to Exclude the Expert Opinions of Varun Sivaram, Ph.D. re: #639 MOTION to Seal Document Plaintiffs' Motion to Seal Reply Memoranda. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stakem, Hillary) |
| Filing 642 SEALED LODGED Proposed Reply in Support of Plaintiffs' Motion to Exclude the Expert Report and Testimony of Dan Reicher re: #639 MOTION to Seal Document Plaintiffs' Motion to Seal Reply Memoranda. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stewart, Christopher) |
| Filing 641 SEALED LODGED Proposed Plaintiffs' Reply Memorandum in Support of Motion to Exclude Jennifer Marietta-Westberg's Testimony Regarding First Solar, Inc.'s Risk Warnings re: #639 MOTION to Seal Document Plaintiffs' Motion to Seal Reply Memoranda. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 640 SEALED LODGED Proposed Plaintiffs' Reply in Support of Motion to Exclude Testimony of Expert Witness Allan W. Kleidon, Ph.D. re: #639 MOTION to Seal Document Plaintiffs' Motion to Seal Reply Memoranda. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Brooks, Luke) |
| Filing 639 MOTION to Seal Document Plaintiffs' Motion to Seal Reply Memoranda by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Stakem, Hillary) |
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Filing 638
ORDER. If the parties intend to present videotaped deposition testimony at trial, the Court must rule on objections before the videos are produced. If deposition testimony is to be read to the jury, the Court will rule during the reading. Thus, if videotaped depositions are to be presented, the parties must submit to the Court transcripts of the pages to be presented by video, with the text to be offered by one side highlighted in blue and the text to be offered by the other side highlighted in yellow, and any objections on which the parties wish to stand highlighted in red. The Court will then enter an order ruling on the objection so the parties can prepare the video presentations for trial. Such deposition transcripts should be delivered to chambers, at the latest, by noon on December 23, 2019. The Court urges the parties not to over-designate, both because juries have difficulty watching long video deposition excerpts and because the Court does not wish to spend time over the holidays reviewing transcripts of testimony that will not actually be presented. Signed by Senior Judge David G Campbell on 12-6-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 637 RESPONSE in Opposition re: #635 MOTION Defendants' Motion to Preclude Plaintiffs' New, Untimely Insider Trading Claim filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1_Excerpt of Plaintiffs' Proposed Jury Instructions, #2 Exhibit 2_Excerpts of Lead Plaintiffs' Second Amended Responses to Defendant Ahearn's First Set of Interrogatories, #3 Exhibit 3_Contemporaneous Trades, #4 Exhibit 4_Order - Employer-Teamsters Joint Council v. Am. West Holding Corp, et al., No. 99-399-PHX-EHC)(Drosman, Daniel) |
| Filing 636 STATEMENT of the Alleged Misrepresentations Still Subject to Defendants' Motion in Limine No. 6 re: #576 Response in Opposition to Motion, #522 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 6 CONCERNING MISSTATEMENTS ADDED BY PLAINTIFFS AFTER SUMMARY JUDGMENT , #521 Sealed Lodged Proposed Document, #626 Telephone Conference by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Appendix Statements)(Drosman, Daniel) |
| Filing 663 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC CONFERENCE proceedings held on 12/03/2019, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/26/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/3/2020. (RAP) |
| Filing 635 MOTION Defendants' Motion to Preclude Plaintiffs' New, Untimely Insider Trading Claim by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 634 MOTION Defendants' Motion to Exclude Expert Testimony of D. Paul Regan [Redacted Version of ECF No. 538] by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (DeMasi, Karin) |
| Filing 633 MOTION Defendants' Motion to Exclude Expert Testimony of M. Todd Henderson [Redacted Version of ECF No. 532] by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (DeMasi, Karin) |
| Filing 632 MOTION Defendants' Motion to Exclude Expert Testimony of Steven P. Feinstein [Redacted Version of ECF No. 545] by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (DeMasi, Karin) |
| Filing 631 MOTION Defendants' Motion to Exclude Expert Testimony of Valerie Davisson [Redacted Version of ECF No. 528] by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (DeMasi, Karin) |
| Filing 630 MOTION Defendants' Motion to Exclude Expert Testimony of Howard M. Branz [Redacted Version of ECF No. 524] by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (DeMasi, Karin) |
| Filing 629 REPLY to Response to Motion re: #550 MOTION for Entry of a Set-Aside Order filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stakem, Hillary) |
| Filing 628 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on December 3, 2019, Judge David G Campbell hearing judge(s). (Drosman, Daniel) |
| Filing 627 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 12/3/19, Judge David G Campbell hearing judge(s). (Roth, Joseph) |
| Filing 626 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Status Conference held on 12/3/2019. By December 4, 2019 at midnight, Defendants shall file a 7-10 page memorandum stating why they do not believe there is a Rule 10b-5 insider trading claim in this case. Plaintiffs' 7-10 page response is due December 5, 2019 at midnight. See attachment for further deadlines and orders. (Court Reporter Patricia Lyons.) Hearing held 1:32 PM to 2:20 PM.(CLB) |
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Filing 625
ORDER. The Court will hold a Telephone Conference in this case on 12/3/2019 at 01:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. The purpose of this call will be to discuss the possibility of this case settling before trial and whether the parties have addressed the confusion over the issues to be tried (as noted in the Court's order re summary judgment at 119 F.Supp.3d at 993-94) and how to clarify the issues prior to the final pretrial conference. Counsel for Plaintiff shall initiate a telephone conference call to include parties for all counsel and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in information to counsel for all parties and the Court no later than 4:00 PM on 12/2/2019. Signed by Senior Judge David G Campbell on 12/2/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 624 NOTICE TO FILER OF DEFICIENCY re: #623 Response in Opposition to Motion filed by Maverick Funds. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document signed by attorney Matthew Siben but submitted using the log-in and password belonging to attorney David Thorpe. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) |
| Filing 623 *RESPONSE in Opposition re: #550 MOTION for Entry of a Set-Aside Order filed by Maverick Funds. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Thorpe, David) *Modified to reflect Local Rule violation on 12/2/2019 (SST). |
| Filing 622 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE EXPERT TESTIMONY OF ALLAN W. KLEIDON, Ph.D re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Slifkin, Daniel) |
| Filing 621 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE EXPERT TESTIMONY OF VARUN SIVARAM, Ph.D. re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 620 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE EXPERT TESTIMONY OF DAN REICHER re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 619 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE EXPERT TESTIMONY OF JENNIFER MARIETTA-WESTBERG re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A)(Slifkin, Daniel) |
| Filing 618 RESPONSE in Opposition re: #510 MOTION in Limine re: Plaintiffs' Motion in Limine No. 20: to Exclude Evidence and Argument as to the Sociopolitical Views and/or Personal Lives of Plaintiffs Expert Witnesses [redacted version] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A)(Slifkin, Daniel) |
| Filing 617 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 20 (SOCIOPOLITICAL VIEWS AND/OR PERSONAL LIVES OF PLAINTIFFS' EXPERT WITNESSES) re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A)(Slifkin, Daniel) |
| Filing 616 RESPONSE in Opposition re: #509 MOTION in Limine re: Plaintiffs' Motion in Limine No. 19: to Exclude Evidence or Commentary Disparaging Plaintiffs Counsel, Class Action Lawsuits, Contingency Fee Arrangements or Perceived Motivations Behind This litigation filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 615 RESPONSE in Opposition re: #508 MOTION in Limine re: Plaintiffs' Motion in Limine No. 18: to Preclude Defendants from Presenting Evidence or Argument Regarding the Social, Economic, or Environmental Value of Solar Energy [redacted version] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Slifkin, Daniel) |
| Filing 614 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 18 (VALUE OF SOLAR ENERGY) re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Slifkin, Daniel) |
| Filing 613 RESPONSE in Opposition re: #507 MOTION in Limine re: Plaintiffs' Motion in Limine No. 17: to Exclude Evidence, Questioning or Argument Relating to Defendants' Good Acts filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Slifkin, Daniel) |
| Filing 612 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 17 ("GOOD ACTS") re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A)(Slifkin, Daniel) |
| Filing 611 RESPONSE in Opposition re: #506 MOTION in Limine re: Plaintiffs' Motion in Limine No. 16: to Preclude Defendants from Calling Plaintiffs or Introducing Class Members Trading Records and Related Information at Trial filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Slifkin, Daniel) |
| Filing 610 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 16 (EVIDENCE FROM PLAINTIFFS) re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit F, #2 Exhibit G)(Slifkin, Daniel) |
| Filing 609 RESPONSE in Opposition re: #505 MOTION in Limine re: Plaintiffs' Motion in Limine No. 15: to Preclude Evidence of or Reference to Aggregate Damages to the Class [redacted version] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Slifkin, Daniel) |
| Filing 608 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 15 (AGGREGATE DAMAGES) re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D)(Slifkin, Daniel) |
| Filing 607 RESPONSE in Opposition re: #504 MOTION in Limine re: Plaintiffs' Motion in Limine No. 14: to Exclude Defendants Cumulative Accounting Expert Testimony [redacted version] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Slifkin, Daniel) |
| Filing 606 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 14 (EXPERT TESTIMONY FROM DR. HOLDER AND MR. HUBER) re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Slifkin, Daniel) |
| Filing 605 RESPONSE in Opposition re: #503 MOTION in Limine re: Plaintiffs' Motion in Limine No. 13: to Preclude Evidence or Argument that First Solar Had Not Developed a Correlation Between STBi and Field Power Loss Prior to April 1, 2008 [redacted version] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Slifkin, Daniel) |
| Filing 604 RESPONSE in Opposition re: #502 MOTION in Limine re: Plaintiffs' Motion in Limine No. 12: to Preclude Defendants from Offering Evidence, Argument or Opinions Related to Chinas Participation or Involvement in the Solar Energy Industry [redacted version] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Slifkin, Daniel) |
| Filing 603 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 12 (THE CHINESE SOLAR INDUSTRY) re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E)(Slifkin, Daniel) |
| Filing 602 RESPONSE in Opposition re: #501 MOTION in Limine re: Plaintiffs' Motion in Limine No. 11: to Preclude Evidence, Argument or Testimony Regarding a Post-Class Period Memorandum Prepared by its Independent Auditor, PricewaterhouseCoopers, LLP [redacted version] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 601 RESPONSE in Opposition re: #499 MOTION in Limine re: Plaintiffs' Motion in Limine No. 9: to Prohibit Defendants from Introducing Evidence of, or Opinions or Argument Relating to, Events that Post-Date the Class Period [redacted version] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Slifkin, Daniel) |
| Filing 600 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 9 (EVENTS THAT POST-DATE THE CLASS PERIOD) re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit C)(Slifkin, Daniel) |
| Filing 599 RESPONSE in Opposition re: #498 MOTION in Limine re: Plaintiffs' Motion in Limine No. 8: to Preclude Evidence and Argument Regarding the Lack of a Financial Restatement or Government Investigation filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 598 RESPONSE in Opposition re: #497 MOTION in Limine re: Plaintiffs' Motion in Limine No. 7: to Exclude Evidence Concerning First Solar, Inc.s Purported Belief that Its Warranty Obligations Were Impacted by a 5% Measurement Tolerance [redacted version] filed by Michael J Ahearn, George Conway, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Slifkin, Daniel) |
| Filing 597 RESPONSE in Opposition re: #496 MOTION in Limine re: Plaintiffs' Motion in Limine No. 6: to Preclude Testimony of Witness Not Disclosed During Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Slifkin, Daniel) |
| Filing 596 SEALED LODGED Proposed DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 6 (BERNHARD BECK) re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit F)(Slifkin, Daniel) |
| Filing 595 RESPONSE in Opposition re: #495 MOTION in Limine re: Plaintiffs' Motion in Limine No. 5: to Preclude Evidence, Questioning or Argument Concerning Plaintiffs Experts Compensation [redacted version] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Slifkin, Daniel) |
| Filing 594 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 5 (EXPERT COMPENSATION) re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Slifkin, Daniel) |
| Filing 593 RESPONSE in Opposition re: #494 MOTION in Limine re: Plaintiffs' Motion in Limine No. 4: to Preclude Defendants from Arguing or Introducing at Trial Evidence or Testimony that They Received, Considered, or Relied on the Advice or Involvement of Counsel [redacted version] filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Slifkin, Daniel) |
| Filing 592 SEALED LODGED Proposed DEFENDANTS' OPPOSITION TO PLAINTIFFS MOTION IN LIMINE NO. 4 (ADVICE OF COUNSEL) re: #589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit B (Henderson Rpt. [Excerpt]))(Slifkin, Daniel) |
| Filing 591 RESPONSE in Opposition re: #493 MOTION in Limine re: Plaintiffs' Motion in Limine No. 3: to Preclude Evidence and Argument Related to: (1) a Truth on the Market Defense and (2) a Safe Harbor or Bespeaks Caution Defense filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 590 RESPONSE in Opposition re: #492 MOTION in Limine re: Plaintiffs' Motion in Limine No. 2: to Preclude Evidence and Argument Related to: (1) an Intervening or Superseding Acts of Third Parties Defense and (2) a Reliance on Others Defense filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Slifkin, Daniel) |
| Filing 589 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal") by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 588 RESPONSE in Opposition re: #544 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 18 TO PRECLUDE REFERENCES TO DEFENDANTS' INTERLOCUTORY APPEAL Plaintiffs' Opposition To Defendants' Motion In Limine No. 18 To Preclude References To Defendants' Interlocutory Appeal [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 587 RESPONSE in Opposition re: #542 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 17 TO PRECLUDE REFERENCES TO OTHER PRIVATE ACTIONS Plaintiffs' Opposition To Defendants' Motion In Limine No. 17 To Preclude References To Other Private Actions filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 586 RESPONSE in Opposition re: #541 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 16 TO PRECLUDE REFERENCES TO FIRST SOLAR MODULES AS "TOXIC" OR "CARCINOGENIC" Plaintiffs' Opposition To Defendants' Motion In Limine No. 16 To Preclude References To First Solar Modules As "Toxic" Or "Carcinogenic" [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 585 RESPONSE in Opposition re: #540 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 15 TO EXCLUDE FEBRUARY 28, 2012 CNBC VIDEO CLIP Plaintiffs' Opposition To Defendants' Motion In Limine No. 15 To Exclude February 28, 2012 CNBC Video Clip filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 584 RESPONSE in Opposition re: #539 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 14 TO EXCLUDE EVIDENCE OF INDIVIDUAL DEFENDANTS' PERSONAL WEALTH Plaintiffs' Opposition To Defendants' Motion In Limine No. 14 To Exclude Evidence Of Individual Defendants' Personal Wealth filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 583 RESPONSE in Opposition re: #537 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 13 CONCERNING FORMER EMPLOYEE WITNESSES DEPARTURES FROM FIRST SOLAR Plaintiffs' Opposition To Defendants' Motion In Limine No. 13 Concerning Former Employee Witnesses Departures From First Solar [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 582 RESPONSE in Opposition re: #536 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 12 TO PRECLUDE EVIDENCE ABOUT THE UNRELATED SEC REG FD INVESTIGATION Plaintiffs' Opposition To Defendants' Motion In Limine No. 12 To Preclude Evidence About The Unrelated SEC Reg FD Investigation [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 581 RESPONSE in Opposition re: #534 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 11 TO LIMIT EVIDENCE OF DEFENDANTS' STOCK SALES UNDER 10b5-1 TRADING PLANS Plaintiffs' Opposition To Defendants' Motion In Limine No. 11 To Limit Evidence Of Defendants' 'Stock Sales Under 10b5-1 Trading Plans [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 580 RESPONSE in Opposition re: #531 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 10 CONCERNING OTHER CORPORATE WRONGDOING Plaintiffs' Opposition To Defendants' Motion In Limine No. 10 Concerning Other Corporate Wrongdoing [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 579 RESPONSE in Opposition re: #530 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 9 TO PRECLUDE REFERENCES TO STOCK SALE PROCEEDS AS "PROFITS" Plaintiffs' Opposition To Defendants' Motion In Limine No. 9 To Preclude References To Stock Sale Proceeds As "Profits" filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 578 RESPONSE in Opposition re: #527 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 8 TO PRECLUDE REFERENCES TO HEAT DEGRADATION AS A "DEFECT" Plaintiffs' Opposition To Defendants' Motion In Limine No. 8 To Preclude References To Heat Degradation As A "Defect" [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 577 RESPONSE in Opposition re: #525 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 7 TO PRECLUDE REFERENCES TO "INSIDER TRADING" OR SUBSTANTIALLY SIMILAR PHRASES Plaintiffs' Opposition To Defendants' Motion In Limine No. 7 To Preclude References To Insider Trading Or Substantially Similar Phrases [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 576 RESPONSE in Opposition re: #522 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 6 CONCERNING MISSTATEMENTS ADDED BY PLAINTIFFS AFTER SUMMARY JUDGMENT Plaintiffs' Opposition To Defendants' Motion In Limine No. 6 Concerning Misstatements Added By Plaintiffs After Summary Judgment filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 575 RESPONSE in Opposition re: #520 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 5 TO PRECLUDE PLAINTIFFS EXPERTS FROM USING EXHIBITS, INCLUDING DEMONSTRATIVE EXHIBITS, NOT CONTAINED IN THEIR EXPERT DISCLOSURES Plaintiffs' Opposition To Defendants' Motion In Limine No. 5 To Preclude Plaintiffs Experts From Using Exhibits, Including Demonstrative Exhibits, Not Contained In Their Expert Disclosures filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 574 RESPONSE in Opposition re: #519 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 4 TO LIMIT EVIDENCE OF STOCK PRICE DECLINES ON DATES OTHER THAN THE FIVE CORRECTIVE DISCLOSURES THAT SURVIVED SUMMARY JUDGMENT Plaintiffs' Opposition To Defendants' Motion In Limine No. 4 To Limit Evidence Of Stock Price Declines On Dates Other Than The Five Corrective Disclosures That Survived Summary Judgment [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 573 RESPONSE in Opposition re: #517 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 3 TO PRECLUDE COLLECTIVE REFERENCES TO ALL DEFENDANTS FOR ALL ALLEGATIONS Plaintiffs' Opposition To Defendants' Motion In Limine No. 3 To Preclude Collective References To All Defendants For All Allegations filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 572 RESPONSE in Opposition re: #515 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 2 CONCERNING DISMISSED CLAIMS ABOUT ROBERT GILLETTES DEPARTURE Plaintiffs' Opposition To Defendants' Motion In Limine No. 2 Concerning Dismissed Claims About Robert Gillettes Departure [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 571 RESPONSE in Opposition re: #513 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 1 CONCERNING ALLEGED COST-PER-WATT MANIPULATION Plaintiffs' Opposition To Defendants' Motion In Limine No. 1 Concerning Alleged Cost-Per-Watt Manipulation [redacted] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 570 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 18 To Preclude References To Defendants Interlocutory Appeal [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 569 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 16 To Preclude References To First Solar Modules As Toxic Or Carcinogenic [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 568 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 13 Concerning Former Employee Witnesses Departures From First Solar [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 567 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 12 To Preclude Evidence About The Unrelated SEC Reg FD Investigation [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 566 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 11 To Limit Evidence Of Defendants Stock Sales Under 10b5-1 Trading Plans [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 565 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 10 Concerning Other Corporate Wrongdoing [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 564 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 8 To Preclude References To Heat Degradation As A Defect [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 563 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 7 To Preclude References To Insider Trading Or Substantially Similar Phrases [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 562 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 4 To Limit Evidence Of Stock Price Declines On Dates Other Than The Five Corrective Disclosures That Survived Summary Judgment [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 561 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 2 Concerning Dismissed Claims About Robert Gillettes Departure [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 560 SEALED LODGED Proposed Plaintiffs' Opposition To Defendants' Motion In Limine No. 1 Concerning Alleged Cost-Per-Watt Manipulation [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 559 SEALED LODGED Proposed Exs. 2-8, 10-11 to the Declaration of Daniel S. Drosman in Support of Plaintiffs' Oppositions to Defendants' Motions in Limine [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 2 - Guay depo tr. excerpt, #2 Exhibit 3 - PWC0148447, #3 Exhibit 4 - FSLR00101312, #4 Exhibit 5 - FSLR01464360, #5 Exhibit 6 - Polizzotto depo tr. excerpt, #6 Exhibit 7 - Ahearn depo. tr. excerpt, #7 Exhibit 8 - Amonett depo tr. excerpt, #8 Exhibit 10 - DIRS00003055, #9 Exhibit 11- FSLR02179054)(Drosman, Daniel) |
| Filing 558 SEALED LODGED Proposed Ex. 1 to the Declaration of Daniel S. Drosman in Support of Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of Howard M. Branz [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Koralewski depo. tr. excerpt)(Drosman, Daniel) |
| Filing 557 SEALED LODGED Proposed Exs. 1-3 to theDeclaration of Darryl J. Alvarado in Support of Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of D. Paul Regan [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Regan Expert Report, #2 Exhibit 2 - Regan Rebuttal Report, #3 Exhibit 3 - Regan Depo. Tr. excerpt)(Alvarado, Darryl) |
| Filing 556 SEALED LODGED Proposed Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of M. Todd Henderson [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stakem, Hillary) |
| Filing 555 SEALED LODGED Proposed Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of Valerie Davisson [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Shinnefield, Jessica) |
| Filing 554 SEALED LODGED Proposed Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of Howard M. Branz [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 553 SEALED LODGED Proposed Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of D. Paul Regan [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 552 SEALED LODGED Proposed Plaintiffs' Opposition to Defendants' Motion to Exclude Expert Testimony of Steven P. Feinstein [filed under seal] re: #551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Brooks, Luke) |
| Filing 551 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 550 MOTION for Entry of a Set-Aside Order by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Stakem, Hillary) |
| Filing 549 REPLY to Response to Motion re: #466 MOTION to Compel Expert Materials filed by Maverick Funds. (Thorpe, David) |
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Filing 548
ORDER denying #500 Motion in Limine to Preclude Fact Witnesses from Expressing Expert Opinions. This is an unnecessary motion -- an attempt to "pre-try" the case. Counsel can object during trial. The Court understands Rules 26, 701, and 701 and is capable of ruling on objections during trial. Signed by Senior Judge David G Campbell on 11-5-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Filing 547
ORDER denying #491 Motion in Limine re Witness Procedures. This is an unnecessary motion. The parties should confer and reach agreement on such trial management issues. If they cannot agree, they can raise these matters at the final pretrial conference. Signed by Senior Judge David G Campbell on 11-5-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 546 RESPONSE in Opposition re: #466 MOTION to Compel Expert Materials filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stakem, Hillary) |
| Filing 545 SEALED LODGED Proposed Defendants' Motion to Exclude Expert Testimony of Steven P. Feinstein re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Text of Proposed Order)(DeMasi, Karin) |
| Filing 544 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 18 TO PRECLUDE REFERENCES TO DEFENDANTS' INTERLOCUTORY APPEAL by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 543 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 18 TO PRECLUDE REFERENCES TO DEFENDANTS' INTERLOCUTORY APPEAL re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A)(Slifkin, Daniel) |
| Filing 542 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 17 TO PRECLUDE REFERENCES TO OTHER PRIVATE ACTIONS by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 541 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 16 TO PRECLUDE REFERENCES TO FIRST SOLAR MODULES AS "TOXIC" OR "CARCINOGENIC" by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 540 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 15 TO EXCLUDE FEBRUARY 28, 2012 CNBC VIDEO CLIP by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 539 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 14 TO EXCLUDE EVIDENCE OF INDIVIDUAL DEFENDANTS' PERSONAL WEALTH by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 538 SEALED LODGED Proposed Defendants' Motion to Exclude Expert Testimony of D. Paul Regan re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(DeMasi, Karin) |
| Filing 537 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 13 CONCERNING FORMER EMPLOYEE WITNESSES DEPARTURES FROM FIRST SOLAR by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 536 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 12 TO PRECLUDE EVIDENCE ABOUT THE UNRELATED SEC REG FD INVESTIGATION by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 535 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 12 TO PRECLUDE EVIDENCE ABOUT THE UNRELATED SEC REG FD INVESTIGATION re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit E)(Slifkin, Daniel) |
| Filing 534 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 11 TO LIMIT EVIDENCE OF DEFENDANTS' STOCK SALES UNDER 10b5-1 TRADING PLANS by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 533 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 11 TO LIMIT EVIDENCE OF DEFENDANTS' STOCK SALES UNDER 10b5-1 TRADING PLANS re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B)(Slifkin, Daniel) |
| Filing 532 SEALED LODGED Proposed Defendants' Motion to Exclude Expert Testimony of M. Todd Henderson re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(DeMasi, Karin) |
| Filing 531 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 10 CONCERNING OTHER CORPORATE WRONGDOING by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 530 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 9 TO PRECLUDE REFERENCES TO STOCK SALE PROCEEDS AS "PROFITS" by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 529 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 9 TO PRECLUDE REFERENCES TO STOCK SALE PROCEEDS AS "PROFITS" re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B)(Slifkin, Daniel) |
| Filing 528 SEALED LODGED Proposed Defendants' Motion to Exclude Expert Testimony of Valerie Davisson re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(DeMasi, Karin) |
| Filing 527 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 8 TO PRECLUDE REFERENCES TO HEAT DEGRADATION AS A "DEFECT" by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 526 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 8 TO PRECLUDE REFERENCES TO HEAT DEGRADATION AS A "DEFECT" re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D)(Slifkin, Daniel) |
| Filing 525 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 7 TO PRECLUDE REFERENCES TO "INSIDER TRADING" OR SUBSTANTIALLY SIMILAR PHRASES by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 524 SEALED LODGED Proposed Defendants' Motion to Exclude Expert Testimony of Howard M. Branz re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(DeMasi, Karin) |
| Filing 523 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 7 TO PRECLUDE REFERENCES TO "INSIDER TRADING" OR SUBSTANTIALLY SIMILAR PHRASES re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A)(Slifkin, Daniel) |
| Filing 522 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 6 CONCERNING MISSTATEMENTS ADDED BY PLAINTIFFS AFTER SUMMARY JUDGMENT by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 521 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 6 CONCERNING MISSTATEMENTS ADDED BY PLAINTIFFS AFTER SUMMARY JUDGMENT re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit C)(Slifkin, Daniel) |
| Filing 520 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 5 TO PRECLUDE PLAINTIFFS EXPERTS FROM USING EXHIBITS, INCLUDING DEMONSTRATIVE EXHIBITS, NOT CONTAINED IN THEIR EXPERT DISCLOSURES by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 519 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 4 TO LIMIT EVIDENCE OF STOCK PRICE DECLINES ON DATES OTHER THAN THE FIVE CORRECTIVE DISCLOSURES THAT SURVIVED SUMMARY JUDGMENT by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 518 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 4 TO LIMIT EVIDENCE OF STOCK PRICE DECLINES ON DATES OTHER THAN THE FIVE CORRECTIVE DISCLOSURES THAT SURVIVED SUMMARY JUDGMENT re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Slifkin, Daniel) |
| Filing 517 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 3 TO PRECLUDE COLLECTIVE REFERENCES TO ALL DEFENDANTS FOR ALL ALLEGATIONS by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 516 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 3 TO PRECLUDE COLLECTIVE REFERENCES TO ALL DEFENDANTS FOR ALL ALLEGATIONS re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B)(Slifkin, Daniel) |
| Filing 515 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 2 CONCERNING DISMISSED CLAIMS ABOUT ROBERT GILLETTES DEPARTURE by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 514 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 2 CONCERNING DISMISSED CLAIMS ABOUT ROBERT GILLETTES DEPARTURE re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F, #6 Exhibit G)(Slifkin, Daniel) |
| Filing 513 MOTION in Limine re: DEFENDANTS' MOTION IN LIMINE NO. 1 CONCERNING ALLEGED COST-PER-WATT MANIPULATION by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 512 SEALED LODGED Proposed DEFENDANTS' MOTION IN LIMINE NO. 1 CONCERNING ALLEGED COST-PER-WATT MANIPULATION re: #511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal"). Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B)(Slifkin, Daniel) |
| Filing 511 MOTION to Seal Document ("Defendants' Motion to File Documents Under Seal") by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Slifkin, Daniel) |
| Filing 510 MOTION in Limine re: Plaintiffs' Motion in Limine No. 20: to Exclude Evidence and Argument as to the Sociopolitical Views and/or Personal Lives of Plaintiffs Expert Witnesses [redacted version] by Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 509 MOTION in Limine re: Plaintiffs' Motion in Limine No. 19: to Exclude Evidence or Commentary Disparaging Plaintiffs Counsel, Class Action Lawsuits, Contingency Fee Arrangements or Perceived Motivations Behind This litigation by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 508 MOTION in Limine re: Plaintiffs' Motion in Limine No. 18: to Preclude Defendants from Presenting Evidence or Argument Regarding the Social, Economic, or Environmental Value of Solar Energy [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 507 MOTION in Limine re: Plaintiffs' Motion in Limine No. 17: to Exclude Evidence, Questioning or Argument Relating to Defendants' Good Acts by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 506 MOTION in Limine re: Plaintiffs' Motion in Limine No. 16: to Preclude Defendants from Calling Plaintiffs or Introducing Class Members Trading Records and Related Information at Trial by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 505 MOTION in Limine re: Plaintiffs' Motion in Limine No. 15: to Preclude Evidence of or Reference to Aggregate Damages to the Class [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 504 MOTION in Limine re: Plaintiffs' Motion in Limine No. 14: to Exclude Defendants Cumulative Accounting Expert Testimony [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 503 MOTION in Limine re: Plaintiffs' Motion in Limine No. 13: to Preclude Evidence or Argument that First Solar Had Not Developed a Correlation Between STBi and Field Power Loss Prior to April 1, 2008 [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 502 MOTION in Limine re: Plaintiffs' Motion in Limine No. 12: to Preclude Defendants from Offering Evidence, Argument or Opinions Related to Chinas Participation or Involvement in the Solar Energy Industry [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 501 MOTION in Limine re: Plaintiffs' Motion in Limine No. 11: to Preclude Evidence, Argument or Testimony Regarding a Post-Class Period Memorandum Prepared by its Independent Auditor, PricewaterhouseCoopers, LLP [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 500 MOTION in Limine re: Plaintiffs' Motion in Limine No. 10: to Preclude Fact Witnesses from Offering Impermissible Opinion Testimony by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 499 MOTION in Limine re: Plaintiffs' Motion in Limine No. 9: to Prohibit Defendants from Introducing Evidence of, or Opinions or Argument Relating to, Events that Post-Date the Class Period [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 498 MOTION in Limine re: Plaintiffs' Motion in Limine No. 8: to Preclude Evidence and Argument Regarding the Lack of a Financial Restatement or Government Investigation by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 497 MOTION in Limine re: Plaintiffs' Motion in Limine No. 7: to Exclude Evidence Concerning First Solar, Inc.s Purported Belief that Its Warranty Obligations Were Impacted by a 5% Measurement Tolerance [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 496 MOTION in Limine re: Plaintiffs' Motion in Limine No. 6: to Preclude Testimony of Witness Not Disclosed During Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 495 MOTION in Limine re: Plaintiffs' Motion in Limine No. 5: to Preclude Evidence, Questioning or Argument Concerning Plaintiffs Experts Compensation [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 494 MOTION in Limine re: Plaintiffs' Motion in Limine No. 4: to Preclude Defendants from Arguing or Introducing at Trial Evidence or Testimony that They Received, Considered, or Relied on the Advice or Involvement of Counsel [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 493 MOTION in Limine re: Plaintiffs' Motion in Limine No. 3: to Preclude Evidence and Argument Related to: (1) a Truth on the Market Defense and (2) a Safe Harbor or Bespeaks Caution Defense by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 492 MOTION in Limine re: Plaintiffs' Motion in Limine No. 2: to Preclude Evidence and Argument Related to: (1) an Intervening or Superseding Acts of Third Parties Defense and (2) a Reliance on Others Defense by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 491 MOTION in Limine re: Plaintiffs' Motion in Limine No. 1: to Establish Witness Procedures by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 490 Additional Attachments to Main Document re: #489 Declaration of Daniel S. Drosman in Support of Plaintiffs' Motions in Limine [part 2] by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 10 - Response to RFP, #2 Exhibit 11 - Holder Report [filed under seal]], #3 Exhibit 12 - Huber Report [filed under seal], #4 Exhibit 13 - Household hearing tr. excerpt, #5 Exhibit 14 - Henderson article, #6 Exhibit 15- Henderson Depo. Tr. [filed under seal])(Drosman, Daniel) |
| Filing 489 DECLARATION of Daniel S. Drosman in Support of Plaintiffs' Motions in Limine Nos. 1-20 by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - combined privilege logs, #2 Exhibit 2 - Privilege log 12-15-14, #3 Exhibit 3 - Meyerhoff Depo. Tr. excerpt, #4 Exhibit 4 - Sohn Depo. Tr. excerpt, #5 Exhibit 5 - Zhu Depo. Tr. excerpt, #6 Exhibit 6 - Feinstein Depo. Tr. [filed under seal], #7 Exhibit 7- Plaintiffs' 1st RFP, #8 Exhibit 8 - Privilege Log 1-31-15, #9 Exhibit 9 - Guay Report [filed under seal])(Drosman, Daniel) |
| Filing 488 MOTION Plaintiffs' Motion to Exclude the Expert Opinions of Varun Sivaram, Ph.D [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Affidavit Declaration of Hillary B. Stakem, #2 Exhibit 1 - Sivaram Report [filed under seal], #3 Exhibit 2 - Davisson Report [filed under seal], #4 Exhibit 3 - Davisson Depo. Tr. [filed under seal], #5 Text of Proposed Order)(Stakem, Hillary) |
| Filing 487 MOTION Plaintiffs' Motion to Exclude the Expert Report and Testimony of Dan Reicher [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Affidavit Declaration of Christopher D. Stewart, #2 Exhibit 1 - Reicher Report [filed under seal]], #3 Exhibit 2 - Reicher Depo Tr. [filed under seal], #4 Exhibit 3 - article, #5 Text of Proposed Order)(Stewart, Christopher) |
| Filing 486 MOTION Plaintiffs' Motion to Exclude Jennifer Marietta-Westbergs Testimony Regarding First Solar, Inc.s Risk Warnings [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Affidavit Declaration of Darryl J. Alvarado, #2 Exhibit 2 - Marietta-Westberg Report [filed under seal], #3 Exhibit 2 - Marietta-Westberg Depo. Tr. [filed under seal], #4 Exhibit 3 - Davisson Rebuttal Report [filed under seal], #5 Text of Proposed Order)(Alvarado, Darryl) |
| Filing 485 MOTION Plaintiffs Motion to Exclude Testimony of Expert Witness Allan W. Kleidon, Ph.D [redacted version] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Affidavit Declaration of Luke O. Brooks, #2 Exhibit 1 - Kleidon Report [filed under seal], #3 Exhibit 2 - Kleidon Depo. Tr. [filed under seal], #4 Exhibit 3 - News article, #5 Exhibit 4 - Feinstein Rebuttal Report [filed under seal], #6 Exhibit 5 - Feinstein Report [filed under seal], #7 Exhibit 6 - academic article, #8 Exhibit 7 - Household hearing tr. excerpt, #9 Text of Proposed Order)(Brooks, Luke) |
| Filing 484 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 20: to Exclude Evidence and Argument as to the Sociopolitical Views and/or Personal Lives of Plaintiffs Expert Witnesses re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 483 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 18: to Preclude Defendants from Presenting Evidence or Argument Regarding the Social, Economic, or Environmental Value of Solar Energy re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 482 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 15: to Preclude Evidence of or Reference to Aggregate Damages to the Class re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 481 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 14: to Exclude Defendants Cumulative Accounting Expert Testimony re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 480 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 13: to Preclude Evidence or Argument that First Solar Had Not Developed a Correlation Between STBi and Field Power Loss Prior to April 1, 2008 re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 479 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 12: to Preclude Defendants from Offering Evidence, Argument or Opinions Related to Chinas Participation or Involvement in the Solar Energy Industry re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 478 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 11: to Preclude Evidence, Argument or Testimony Regarding a Post-Class Period Memorandum Prepared by its Independent Auditor, PricewaterhouseCoopers, LLP re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 477 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 9: to Prohibit Defendants from Introducing Evidence of, or Opinions or Argument Relating to, Events that Post-Date the Class Period re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 476 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 7: to Exclude Evidence Concerning First Solar, Inc.s Purported Belief that Its Warranty Obligations Were Impacted by a 5% Measurement Tolerance re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 475 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 5: to Preclude Evidence, Questioning or Argument Concerning Plaintiffs' Experts' Compensation re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 474 SEALED LODGED Proposed Plaintiffs' Motion in Limine No. 4: to Preclude Defendants from Arguing or Introducing at Trial Evidence or Testimony that They Received, Considered, or Relied on the Advice or Involvement of Counsel re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 473 SEALED LODGED Proposed Exhibits 6, 9, 11-12 and 15 to the Declaration of Daniel S. Drosman re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 6 - Feinstein Depo. Tr., #2 Exhibit 9 - Guay Report, #3 Exhibit 11 - Holder Report part 1, #4 Exhibit 11 - Holder Report part 2, #5 Exhibit 12 - Huber Report, #6 Exhibit 15 - Henderson Depo. Tr.)(Drosman, Daniel) |
| Filing 472 SEALED LODGED Proposed Plaintiffs' Motion to Exclude the Expert Opinions of Varun Sivaram, Ph.D. re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Sivaram Report, #2 Exhibit 2 - Davisson Report, #3 Exhibit 3 - Davisson Depo. Tr.)(Stakem, Hillary) |
| Filing 471 SEALED LODGED Proposed Plaintiffs' Motion to Exclude the Expert Report and Testimony of Dan Reicher re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Reicher Report, #2 Exhibit 2 - Reicher Depo. Tr.)(Stewart, Christopher) |
| Filing 470 SEALED LODGED Proposed Plaintiffs' Motion to Exclude Jennifer Marietta-Westbergs Testimony Regarding First Solar, Inc.'s Risk Warnings re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Marietta-Westberg Report, #2 Exhibit 2 - Marietta-Westberg Depo Tr., #3 Exhibit 3 - Davisson Rebuttal report)(Alvarado, Darryl) |
| Filing 469 SEALED LODGED Proposed Plaintiffs' Motion to Exclude Testimony of Expert Witness Allan W. Kleidon, Ph.D. re: #468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Kleidon Report, #2 Exhibit 2 - Kleidon depo tr., #3 Exhibit 4 - Feinstein Rebuttal Report, #4 Exhibit 5 - Feinstein Report)(Drosman, Daniel) |
| Filing 468 MOTION to Seal Document Plaintiffs' Omnibus Motion to File Under Seal by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
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Filing 467
ORDER re final jury questionnaire. Signed by Senior Judge David G Campbell on 10/22/2019. (DGC, nvo)
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| Filing 466 MOTION to Compel Expert Materials by Maverick Funds. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Thorpe, David) |
| Filing 465 NOTICE re: Filing by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu re: #462 Order, Set/Reset Deadlines/Hearings . (Attachments: #1 Exhibit Joint Proposed Jury Questionnaire)(Roth, Joseph) |
| Filing 464 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Roth, Joseph) |
| Remark: Pro hac vice motion(s) granted for Jessica Tally Shinnefield on behalf of Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion granted for J Marco Janoski Gray on behalf of British Coal Staff Superannuation Scheme & Minworkers' Pension Scheme This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 463
ORDER SETTING TRIAL re: #462 Order, Set/Reset Deadlines/Hearings. Signed by Senior Judge David G Campbell on 7/10/2019. (DGC, nvo)
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Filing 462
AMENDED SCHEDULING ORDER: Jury trial in this matter is set for 1/7-10/2020, 1/14-17/2020, 1/21-24/2020, and 1/29-31/2020 at 9:00 a.m. in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Motions in limine due by 10/25/2019, responses to motions in limine due 11/22/2019, no replies to motions in limine permitted. Daubert motions due 10/25/2019, responses to Daubert motions due 11/22/2019, replies to Daubert motions due 12/6/2019. Proposed Pretrial Order due by 12/13/2019. Final Pretrial Conference set for 12/18/2019 at 10:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Proposed jury questionnaire due 10/11/2019. Signed by Senior Judge David G Campbell on 7/9/2019. (DGC, nvo)
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| Filing 461 *NOTICE of Filing Joint Proposed Order for Parties' Joint Proposed Schedule by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu re: #460 Notice (Other) (Rosenberg, Lauren) *Modified to correct event; attorney noticed on 7/8/2019 (SLQ). |
| Filing 460 *Joint Proposed Schedule on behalf of all Parties by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu ("Joint Proposed Schedule"). (Rosenberg, Lauren) *Modified text on 7/8/2019 (SLQ). |
| Filing 459 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Status Conference held on 7/2/2019. Final Pretrial Conference set for 11/1/2019 at 10:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. See attachment for details. (Court Reporter Patricia Lyons.) Hearing held 3:30 PM to 3:50 PM.(CLB) |
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Filing 458
ORDER re: #457 Report - Status filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. The Court has set a Status Conference set for 7/2/2019 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Plaintiff shall initiate a conference call to include counsel for all parties and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in information to counsel for all parties and the Court no later than 12:00 noon on 7/1/2019. Signed by Senior Judge David G Campbell on 6/26/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 457 STATUS REPORT Joint Status Report by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 456 STATUS REPORT Joint Status Report by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 455 *NOTICE of Attorney Withdrawal filed by Joseph Nathaniel Roth terminating Robert Gianchetti. (Roth, Joseph) *Modified to correct event on 5/1/2019 (RMV). |
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Filing 454
ORDER. The parties shall jointly submit a status report to the Court on or before 4/30/2019 regarding the status of this case. The parties shall thereafter submit a joint status report to the Court every 90 days until the Supreme Court issues a ruling on this case. Signed by Senior Judge David G Campbell on 4/3/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Remark: Pro hac vice motion granted for Antony Ryan on behalf of defendants First Solar Incorporated, Bruce Sohn, David Eaglesham, James Zhu, Jens Meyerhoff, Mark R Widmar, Michael J Ahearn and Robert J Gillette. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion granted for Morgan Cohen on behalf of defendants First Solar Incorporated, Bruce Sohn, David Eaglesham, James Zhu, Jens Meyerhoff, Mark Widmar, Michael Ahearn, and Robert J Gillette. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 453 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Discovery Hearing held on 1/7/2019. Discussion held regarding the January 25 expert deposition deadline and whether Defendants may depose a Plaintiffs' rebuttal expert witness after that date. Parties also wish to conduct one other deposition on February 1, 2019. The Court agrees that these two depositions can occur before February 15, 2019. (Court Reporter Candy Potter.) Hearing held 3:47 PM to 3:56 PM.(CLB) |
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Filing 452
ORDER. Telephonic Discovery Hearing set for 1/7/2019 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Defendant First Solar shall initiate a conference call to include counsel for all parties and the Court. If a dial-in number is to be used, counsel for Defendant First Solar shall provide the dial-in information to counsel for all parties and the Court no later than 2:00 PM on 1/7/2019. Signed by Senior Judge David G Campbell on 1/7/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Remark: Pro hac vice motion granted for Robert Gianchetti on behalf of defendants First Solar Incorporated, Bruce Sohn, David Eaglesham, James Zhu, Jens Meyerhoff, Mark R Widmar, Michael Ahearn, and Robert J Gillette. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion granted for Lauren M Rosenberg on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion granted for Rebecca J Schindel on behalf of defendants First Solar Incorporated, Michael J Ahearn, David Eaglesham, Jens Meyerhoff, Bruce Sohn, Mark Widmar and James Zhur. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 708 NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of TELEPHONIC CONFERENCE proceedings held on 11/14/2018, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/23/2020. Redacted Transcript Deadline set for 4/2/2020. Release of Transcript Restriction set for 6/1/2020. (RAP) *Modified to correct date filed to match court reporter delivery date on 3/2/2020 (RAP). |
| Filing 451 AMENDED TRANSCRIPT REQUEST pursuant to 450 Notice of Deficiency by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 11-14-18, Judge David G Campbell hearing judge(s). (Brooks, Luke) |
| Filing 450 NOTICE TO FILER OF DEFICIENCY re: AO435 #449 Transcript Request filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
| Filing 449 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 11-14-18, Judge David G Campbell hearing judge(s). (Brooks, Luke) |
| Filing 448 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 11/14/18, Judge David G Campbell hearing judge(s). (Roth, Joseph) |
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Filing 447
ORDER pursuant to General Order 09-08 terminating #446 Motion for Admission Pro Hac Vice **attorney notified to refile pro hac motion in to master case and pay filing fee. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 446 MOTION for Admission Pro Hac Vice as to attorney Ting Liu by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Liu, Ting) |
| Remark: Pro hac vice motion granted for Ting Liu on behalf of plaintiffs British Coal Superannuation Scheme and Mineworkers' Pension Scheme. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 445 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephone Conference held on 11/14/2018. ORDERED granting #441 Motion for Extension of Deadline for Submission of Rebuttal Expert Reports. (Court Reporter Patricia Lyons.) Hearing held 1:02 PM to 1:26 PM.(TCA) |
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Filing 444
IT IS ORDERED that due to a emergency conflict in the Court's calendar, the Telephonic Conference presently set for 11/14/2018 at 10:00 AM is RESET AS TO TIME ONLY!! The Telephonic Conference is RESET to 11/14/2018 at 11:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Ordered by Senior Judge David G Campbell. (DGC, nvo)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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| Filing 443 RESPONSE in Opposition re: #441 MOTION for Extension of Time of Deadline for Submission of Rebuttal Expert Reports (First Request) filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Roth, Joseph) |
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Filing 442
ORDER: Telephone Conference set for 11/14/2018 at 10:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell re: #441 MOTION for Extension of Time and current trial schedule. Counsel for Plaintiffs shall initiate a conference call to include counsel for all parties and the Court. If a dial-in number is to be used, counsel for Plaintiffs shall provide the dial-in number to counsel for all parties and the Court no later than 12:00 noon on 11/13/2018. Signed by Senior Judge David G Campbell on 11/9/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 441 MOTION for Extension of Time of Deadline for Submission of Rebuttal Expert Reports (First Request) by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - 11-6-18 email, #2 Exhibit 2 - Case Management Order, #3 Exhibit 3 - 10-26-18 email, #4 Exhibit 4 - 11-2-18 email, #5 Text of Proposed Order)(Brooks, Luke) |
| Filing 440 NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of STATUS CONFERENCE proceedings held on 08/02/2018, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). Amended to correct case number on title page. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/28/2018. Redacted Transcript Deadline set for 9/7/2018. Release of Transcript Restriction set for 11/5/2018. (RAP) |
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Filing 439
ORDER. Final Pretrial Conference set for 3/22/2019 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. See Order for complete details. Signed by Judge David G Campbell on 8/7/2018. (DGC, nvo)
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Filing 438
ORDER. Motions in limine due by 2/1/2019; responses to motions in limine due 3/1/2019. Proposed Pretrial Order due by 3/15/2019. Jury Trial set for 4/9/2019 at 09:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Status Conference set for 12/7/2018 at 11:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell.. Signed by Judge David G Campbell on 8/7/2018. (DGC, nvo)
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| Filing 437 AMENDED TRANSCRIPT REQUEST pursuant to 436 Notice of Deficiency by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on August 2, 2018, Judge David G Campbell hearing judge(s). (Slifkin, Daniel) |
| Filing 436 NOTICE TO FILER OF DEFICIENCY re: AO435 #435 Transcript Request filed by David Eaglesham, First Solar Incorporated, Robert J Gillette, Mark R Widmar, Bruce Sohn, Jens Meyerhoff, Michael J Ahearn, James Zhu. Item 18 - ORDER: (CATEGORY) A box under ORIGINAL + 1 was incorrectly checked. The original has been previously ordered and prepared; REALTIME is no longer available. FOLLOW-UP ACTION REQUIRED: Please refile with the appropriate box checked under the FIRST COPY column. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
| Filing 435 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on August 2, 2018, Judge David G Campbell hearing judge(s). (Slifkin, Daniel) |
| Filing 434 *(AMENDED TRANSCRIPT FILED AT DOC. #440 ) - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings held on 08/02/2018, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/27/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 11/2/2018. (RAP) *Modified to reference amended version on 8/7/2018 (RAP). |
| Filing 433 TRANSCRIPT REQUEST relating to status conference by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 08/02/2018, Judge David G Campbell hearing judge(s). (Stewart, Christopher) |
| Filing 432 MINUTE ENTRY for proceedings held before Judge David G Campbell: Status Conference held on 8/2/2018. Document 431 discussed. Court will allow 40 hours per side for trial. Court will set a 4 week trial beginning on 4/9/2019. APPEARANCES: Luke Brooks, Darryl Alvarado and Daniel Drosman for Plaintiffs. Karin DeMasi, Jospeh Roth, Daniel Slifkin, Lauren Rosenberg and Paul Kaleta for Defendants. Telephone Conference set for 12/7/2018 at 11:00 AM before Judge David G Campbell. Final Pretrial Conference set for 3/22/2019 at 02:00 PM. Jury Trial set for 4/9/2019 at 09:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Court will enter an order setting forth the schedule as discussed on the record. (Court Reporter Patricia Lyons.) Hearing held 4:00 PM to 4:10 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
| Filing 431 REPORT Joint Report per Court's July 2, 2018 Order re: 428 by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Alvarado, Darryl) |
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Filing 430
ORDER granting #429 Motion to Substitute Attorney. Daniel Slifkin, Michael T. Reynolds and Karin A. DeMasi are substituted as counsel of record for Defendants in place of James P. Bennett, Paul Flum, Jordan Eth, Judson E. Lobdell, Anna Erickson White, Philip T. Besirof, and Mark R.S. Foster. Joseph N. Roth will remain as co-counsel for Defendants. Signed by Judge David G Campbell on 7/6/18. (DXD)
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| Filing 429 MOTION to Substitute Attorney by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order Granting Motion for Substitution of Counsel)(Slifkin, Daniel) |
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Filing 428
ORDER granting #423 Motion for Status Hearing. The Court will hold a status conference on August 2, 2018, at 4:00 p.m. The parties shall file a joint report five business days before the hearing that sets forth parties' views on the remaining schedule for this case. Signed by Judge David G Campbell on 7-2-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Filing 427
ORDER denying #421 Motion to Stay. The Court concludes that a grant of cert is unlikely. This case has been stayed long enough. Signed by Judge David G Campbell on 7-2-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Remark: Pro hac vice motion granted for Hillary B Stakem on behalf of British Coal Staff Superannuation Scheme and Mineworkers' Pension Scheme. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 426 RESPONSE to Motion re: #423 MOTION for Hearing or Conference re: Status Conference filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Roth, Joseph) |
| Filing 425 MANDATE of USCA (15-17282) affirming the decision of the district court re: 409 Notice of Interlocutory Appeal filed by David Eaglesham, First Solar Incorporated, Robert J Gillette, Mark R Widmar, Bruce Sohn, Jens Meyerhoff, Michael J Ahearn, James Zhu. (Attachments: #1 Opinion, #2 Order, #3 Order)(LAD) |
| Remark: Pro hac vice motion granted for Karin A DeMasi on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 423 *MOTION for Hearing or Conference re: Status Conference by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) *Modified to correct event on 6/27/2018 (DXD). |
| Remark: Pro hac vice motion granted for Michael T Reynolds on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion granted for Daniel Slifkin on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 424 NOTICE TO FILER OF DEFICIENCY re: #422 MOTION (APPLICATION) for Substitution of Counsel filed by David Eaglesham, First Solar Incorporated, James Zhu, Michael J Ahearn, Mark R Widmar, Bruce Sohn, Jens Meyerhoff. Document not in compliance with LRCiv 83.3(b). Incorrect event selected: Notice of Attorney Appearance/Substitution - USA found in the Other Filings, Notices category. Correct event: Motion to Substitute Attorney found in the Motions and Related Filings, Motions category. Please note, the event you selected is for the use of attorneys employed by the United States of America. The attorneys you added will be removed and the attorneys you terminated will be "unterminated" pending ruling by the Court on the corrected/refiled Motion. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) |
| Filing 422 * MOTION (APPLICATION) for Substitution of Attorney (Attachments: #1 Text of Proposed Order)(Roth, Joseph) * Modified to correct event and attorney notified that document is not in compliance with LR 83.3(b); attorney noticed to refile on 6/26/2018 (LAD). |
| Filing 421 MOTION to Stay Proceedings by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Roth, Joseph) |
| Filing 420 MANDATE of USCA (16-16937) dismissing re: #414 Notice of Appeal filed by Britt Nederhood, Eng Kwang Tan, Clifford Tindall. (Attachments: #1 Memorandum, #2 Concurrence, #3 NDA) (LAD) |
| Filing 417 NOTICE of Attorney Withdrawal MAUREEN BEYERS filed by Joseph Nathaniel Roth. (Roth, Joseph) |
| Filing 416 APPEAL DOCUMENT by Britt Nederhood, Eng Kwang Tan, Clifford Tindall re: #414 Notice of Appeal Notice Regarding Transcripts. (Aguilar, George) |
| Filing 415 USCA Case Number re: #414 Notice of Interlocutory Appeal. Case number 16-16937, Ninth Circuit. (copies sent by the Ninth Circuit) (REW) |
| Filing 414 *NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: #413 Order on Motion to Lift Stay, Order on Motion to Intervene, Order on Motion to Unseal Document by Eng Kwang Tan, Clifford Tindall, Britt Nederhood. Filing fee received: $ 505.00, receipt number 0970-13510124. (Attachments: #1 Exhibit List with Exhibits A and B)(Bottini, Francis) *Modified to correct event type on 10/18/2016 (LSP). |
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Filing 413
ORDER: Derivative Plaintiffs' Motion to (1) Lift the Stay for a Limited Purpose; (2) Intervene for a Limited Purpose; and (3) Unseal Court Records (Doc. #410 ) is denied. Signed by Judge David G Campbell on 9/30/2016. (REK)
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| Filing 412 REPLY to Response to Motion re: #410 MOTION to Lift Stay MOTION to Intervene MOTION to Unseal Document filed by Britt Nederhood, Eng Kwang Tan, Clifford Tindall. (Attachments: #1 Text of Amended Proposed Order)(Aguilar, George) |
| Filing 411 RESPONSE in Opposition re: #410 MOTION to Lift Stay MOTION to Intervene MOTION to Unseal Document DEFENDANTS' OPPOSITION TO DERIVATIVE PLAINTIFFS' MOTION TO INTERVENE AND UNSEAL DOCUMENTS filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (White, Anna) |
| Filing 410 MOTION to Lift Stay , MOTION to Intervene , MOTION to Unseal Document by Britt Nederhood, Eng Kwang Tan, Clifford Tindall. (Attachments: #1 Declaration of Francis A. Bottini, Jr., #2 Exhibits A-F to Bottini Declaration, #3 Text of Proposed Order)(Bottini, Francis) |
| Appeal to 9th Circuit Court of Appeals Fee Received: $ 505.00 receipt number 0970-12363587. (Beyers, Maureen) |
| Filing 407 *USCA Case Number; Petition for permission to appeal was granted by the Ninth Circuit on 11/18/15, within 14 days after the date of this order, petitioner shall perfect the appeal, Ninth Circuit Case Number 15-17282(15-80155) re: 409 Notice of Appeal. (LSP) *Modified to correct case number on 11/19/2015 (LSP). Modified to add link on 11/25/2015 (REW). |
| Filing 409 NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: #401 Order by First Solar Incorporated, Michael J Ahearn, David Eaglesham, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. NOTE: this entry is made for case management purposes only, appeal opened as 15-17282, fee paid on 11/23/15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REW) |
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Filing 408
ORDER of USCA, the petition for permission to appeal pursuant to 28 U.S.C. 1292(b) is granted; within 14 days after the date of this order, petitioner shall perfect the appeal in accordance with Federal Rule of Appellate Procedure 5(d), re: 15-80155, appeal opened as 15-17282. (copies sent by the Ninth Circuit) (REW)
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Filing 406
ORDER granting #405 Motion to Transfer Related Case in case 2:12-cv-00555-DGC; granting #13 Motion to Transfer Related Case in case 2:15-cv-01156-ROS. Case No. CV15-1156 PHX ROS, Maverick Fund, LDC v. First Solar, Inc., is transferred to this Court for further proceedings. All further pleadings/papers should now list the following complete case number: CV-15-1156 PHX DGC. Signed by Judge David G Campbell on 11/3/15. (Associated Cases: 2:12-cv-00555-DGC, 2:15-cv-01156-ROS) (KGM)
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| Filing 405 MOTION to Transfer Related Case by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Associated Cases: CV-12-00555-PHX-DGC, CV-15-01156-ROS) (Besirof, Philip) |
| Filing 404 NOTICE re: Defendants Notice of Filing of Petition for Permission for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b) by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu . (Lobdell, Judson) |
| Filing 403 SEALED UNREDACTED REPLY & EXHIBITS to Motion re: #311 MOTION for Summary Judgment filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit 14, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 25, #5 Exhibit 26)(MAP) |
| Filing 402 Sealed Exhibits Re #311 Motion for Summary Judgment filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit 74, #2 Exhibit 75, #3 Exhibit 77, #4 Exhibit 82, #5 Exhibit 85)(MAP) |
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Filing 401
ORDER granting/denying in part #311 Motion for Summary Judgment. FURTHER ORDERED denying #309 Motion for Summary Judgment, but Defendants' affirmative defenses 1 5, 7, 10 14, and 16 are stricken. FURTHER ORDERED granting #341 Defendants' request for judicial notice. FURTHER ORDERED granting #342 , #387 Motions to Seal. FURTHER ORDERED The Court certifies the loss causation issue discussed above for immediate interlocutory appeal under 28 U.S.C. 1292(b). See Order for Complete Details. Signed by Judge David G Campbell on 8/10/15. (MAP)
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| Filing 400 NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of Motion Hearing proceedings held on 07/22/2015, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/14/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015. (RAP) |
| Filing 399 *(AMENDED BY DOC. #400 ) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing proceedings held on 07/22/2015, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/13/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/21/2015. (RAP) *Modified on 7/27/2015 (RAP). |
| Filing 398 TRANSCRIPT REQUEST by David Thorpe for Motion Hearing proceedings held on 07/22/2015, Judge David G Campbell hearing judge(s). (RAP) |
| Filing 397 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 7/22/15, Judge David G Campbell hearing judge(s). (Stewart, Christopher) |
| Filing 396 TRANSCRIPT REQUEST Motion for Summary Judgment Hearing by First Solar Incorporated for proceedings held on 7-22-2015, Judge David G Campbell hearing judge(s). (Besirof, Philip) |
| Filing 395 MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 7/22/2015. ORDERED taking under advisement #309 Motion for Partial Summary Judgment; taking under advisement #311 Motion for Summary Judgment; taking under advisement #342 Motion to Seal Document ; taking under advisement #387 Motion to Seal Document. Court will issue an order. APPEARANCES: Daniel Drosman, Darryl Alvarado, and Luke Brooks for Plaintiffs. Jordan Eth, Paul Flum, Maureen Beyers, Judson Lobdell, Anna White for Defendants (Court Reporter Patricia Lyons.) Hearing held 2:00 PM to 4:27 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
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Filing 394
ORDER: DUE TO A CONFLICT IN THE COURT'S CALENDAR, the motion hearing set for 6/25/2015 at 2:00 PM is VACATED and RESET to 7/22/2015 at 2:00 PM in Courtroom603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. RE: #342 MOTION to Seal Document Defendants Motion To File Documents Under Seal, #387 MOTION to Seal Document Defendants Motion to File Documents Under Seal, #309 MOTION for Partial Summary Judgment Regarding Defendants' First - Sixteenth and Nineteenth - Twentieth Affirmative Defenses, #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment. This is a FIRM setting. Signed by Judge David G Campbell on 6/8/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 393 *FILED at Doc. #403 *SEALED LODGED Proposed Exhibit 26 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: #387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) *Modified on 8/11/2015 (MAP)*. |
| Filing 392 *FILED at Doc. #403 *SEALED LODGED Proposed Exhibit 25 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: #387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) *Modified on 8/11/2015 (MAP)*. |
| Filing 391 *FILED at Doc. #403 *SEALED LODGED Proposed Exhibit 23 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: #387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) *Modified on 8/11/2015 (MAP)*. |
| Filing 390 *FILED at Doc. #403 *LODGED Proposed Exhibit 22 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: #387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) *Modified on 8/11/2015 (MAP)*. |
| Filing 389 *FILED at Doc. #403 *SEALED LODGED Proposed Exhibit 14 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: #387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) *Modified on 8/11/2015 (MAP)*. |
| Filing 388 *FILED at Doc. 403]*SEALED LODGED Proposed Exhibit 7 to Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment re: #387 MOTION to Seal Document Defendants Motion to File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) *Modified on 8/11/2015 (MAP)*. |
| Filing 387 MOTION to Seal Document Defendants Motion to File Documents Under Seal by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Declaration of Paul Delson in Support of Defendants Motion to File Documents Under Seal, #2 [Proposed] Order Granting Defendants Motion to File Documents Under Seal)(Lobdell, Judson) |
| Filing 386 DECLARATION Rebuttal Declaration of Jeff Van Dyke in Support of Defendants Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) |
| Filing 385 DECLARATION Rebuttal Declaration of Bryan Schumaker in Support of Defendants Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) |
| Filing 384 DECLARATION Rebuttal Declaration of Michael Koralewski in Support of Defendants Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) |
| Filing 383 DECLARATION Rebuttal Declaration of Adam DAngelo in Support of Defendants Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) |
| Filing 382 DECLARATION Rebuttal Declaration of Paul Flum in Support of Defendants Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) |
| Filing 381 Additional Attachments to Main Document re: #379 Reply to Response to Motion, #380 Sealed Lodged Proposed Document Appendix of Rebuttal Exhibits in Support of Defendants Reply Brief in Support of Motion for Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibits 1-4, #2 Exhibits 5-6, 8-13, 15-21, 24)(Lobdell, Judson) |
| Filing 380 *FILED at Doc. #403 *SEALED LODGED Proposed Defendants Reply Brief in Support of Motion for Summary Judgment Submitted Under Seal re: #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment. Document to be filed by Clerk if #387 Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) *Modified to link to Motion to Seal on 5/26/2015 (SCH). *Modified on 8/11/2015 (MAP)*. |
| Filing 379 REPLY to Response to Motion re: #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Defendants Reply Brief in Support of Motion for Summary Judgment Redacted Public Version filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Lobdell, Judson) |
| Filing 378 REPLY to Response to Motion re: #309 MOTION for Partial Summary Judgment Regarding Defendants' First - Sixteenth and Nineteenth - Twentieth Affirmative Defenses filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit A - Jaffe v. Household Verdict Form, #2 Exhibit B - Jaffe v. Household Order)(Brooks, Luke) |
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Filing 377
ORDER denying #351 Motion for Reconsideration. The Court cannot conclude that its previous decision on waiver of the work product protection with respect to interview notes (Doc. 307) was "manifest error." LRCiv 7.2 (g)(1). In the matrix in question, Plaintiffs specifically sought interview notes, regardless of who created them: "Documents reflecting those interviews -- no matter who it was that conducted the interviews and no matter who it was that memorialized them -- should be produced." Doc. 268-1 at 11. Defendants did not assert the work product protection in response. See Doc. 268-1. The Court cannot conclude that Defendants' boilerplate assertion of that protection months earlier in general objections to Plaintiffs' Rule 34 request (Doc. 351-1 at 5, 16) was sufficient to preserve the protection for the interview notes, particularly when the protection was never asserted with respect to those notes in a Rule 26(b)(5) privilege log. See Burlington N. & Santa Fe Ry. Co. v. U.S. Dist. Court for Dist. of Mont., 408 F.3d 1142, 1149 (9th Cir. 2005). The Court concludes that its reasoning in the prior order (Doc. 307) was not erroneous. Signed by Judge David G Campbell on 5-15-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 376 RESPONSE in Opposition re: #351 MOTION for Reconsideration re: Order 307 Plaintiffs' Opposition to Defendants' Motion for Reconsideration and Objections to Order of March 26, 2015 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
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Filing 375
ORDER granting #357 Motion to Seal. See Order for list of documents and further information. Signed by Judge David G Campbell on 4/30/15.(MAP)
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| Filing 374 *SEALED Declaration of Bjorn I. Steinholt, CFA re: #363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment #311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 2-13, #2 Exhibit 14, #3 Exhibit 16-17, #4 Exhibit 37, #5 Exhibit 60)(Drosman, Daniel) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order #375 (MAP)*. |
| Filing 373 *SEALED Declaration of D. Paul Regan re: #363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment #311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order #375 (MAP)*. |
| Filing 371 *SEALED Declaration of Daniel S. Drosman part 8 re: #363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 231-232, #2 234-249, #3 250-260, #4 261-280, #5 281-294, #6 296-310, #7 311-312)(Drosman, Daniel) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order #375 (MAP)*. |
| Filing 370 *SEALED Declaration of Daniel S. Drosman part 7 re: #363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment #311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 219-222, #2 223, #3 224, #4 225, #5 226, #6 227, #7 228, #8 229, #9 230)(Drosman, Daniel) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order #375 (MAP)*. |
| Filing 369 *SEALED Declaration of Daniel S. Drosman part 6 re: #363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment #311 by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 187-193, #2 Exhibit 194-195, #3 Exhibit 196-203, #4 Exhibit 204-207, #5 Exhibit 208-209, #6 Exhibit 210-213, #7 Exhibit 214 part 1, #8 Exhibit 214 part 2, #9 Exhibit 215-218)(Drosman, Daniel) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order #375 (MAP)*. |
| Filing 368 *SEALED Declaration of Daniel S. Drosman part 5 re: #363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment #311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 149-153, #2 Exhibit 154-157, #3 Exhibit 159-161, #4 Exhibit 162-169, #5 Exhibit 170-173, #6 Exhibit 174-179, #7 Exhibit 180-182, #8 Exhibit 183-184, #9 Exhibit 185-186)(Drosman, Daniel) *Modified on 5/1/2015 to change from lodged to filed pursuant to #375 (MAP)*. |
| Filing 367 *SEALED Declaration of Daniel S. Drosman part 4 re: #363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment #311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 123, #2 Exhibit 124-128, #3 Exhibit 129-133, #4 Exhibit 134-135, #5 Exhibit 136, #6 Exhibit 137, #7 Exhibit 138-140, #8 Exhibit 141-143, #9 Exhibit 144-148)(Drosman, Daniel) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order #375 (MAP)*. |
| Filing 366 *SEALED Declaration of Daniel S. Drosman Part 3 Re: #363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment #311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 98-99, #2 Exhibit 100-102, #3 Exhibit 104-105, #4 Exhibit 106-108, #5 Exhibit 109 part 1, #6 Exhibit 109 part 2, #7 Exhibit 110-112, #8 Exhibit 113-120, #9 Exhibit 121-122)(Drosman, Daniel) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order #375 (MAP)*. |
| Filing 365 *SEALED Declaration of Daniel S. Drosman Part 2 re: #363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment #311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 62-68, #2 Exhibit 70, #3 Exhibit 77 part 1, #4 Exhibit 77 part 2, #5 Exhibit 78-80, #6 Exhibit 82-87, #7 Exhibit 88-92, #8 Exhibit 93-94, #9 Exhibit 95-97)(Drosman, Daniel) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order #375 (MAP)*. |
| Filing 364 *SEALED Declaration of Daniel S. Drosman Part 1 Re #363 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment #311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1-19, #2 Exhibit 20, #3 Exhibit 21-25, #4 Exhibit 26-28, #5 Exhibit 29, #6 Exhibit 30-34, #7 Exhibit 35-41, #8 Exhibit 42-51, #9 Exhibit 52-56, #10 Exhibit 57-61)(Drosman, Daniel) *Modified on 5/1/2015 from lodged to filed pursuant to Order #375 (MAP)*. |
| Filing 363 *SEALED Opposition (Response) to Defendants' Motion for Summary Judgment #311 filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) *Modified on 5/1/2015 to change from lodged to filed pursuant to Order #375 (MAP)*. |
| Filing 372 Additional Attachments to Main Document re: #359 Declaration of Daniel S. Drosman by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 313-339, #2 Exhibit 340-352, #3 Exhibit 353-363)(Drosman, Daniel) |
| Filing 362 Additional Attachments to Main Document re: #361 Declaration of Bjorn I. Steinholt, CFA, Part 2 by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 56, #2 Exhibit 57, #3 Exhibit 58, #4 Exhibit 59, #5 Errata 61-69, #6 Exhibit 70-79, #7 Exhibit 80-84)(Drosman, Daniel) |
| Filing 361 *DECLARATION of Bjorn I. Steinholt, CFA [redacted version] re: #358 Response to Motion for Summary Judgment re: #311 . filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1, #2 Exhibit 15, #3 Exhibit 18-29, #4 Exhibit 30-36, #5 Exhibit 38-50, #6 51, #7 Exhibit 52, #8 Exhibit 53, #9 Exhibit 54, #10 Exhibit 55)(Drosman, Daniel)* Modified to correct document link on 4/28/2015 (REK). |
| Filing 360 *DECLARATION of D. Paul Regan re: #358 Response to Motion for Summary Judgment re: #311 . filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) *Modified to correct document link on 4/28/2015 (REK). |
| Filing 359 *DECLARATION of Daniel S. Drosman re: #358 Response to #311 Motion for Summary Judgment . filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 69, #2 Exhibit 71-76, #3 Exhibit 81, #4 Exhibit 103, #5 Exhibit 158, #6 Exhibit 233, #7 Exhibit 295)(Drosman, Daniel)* Modified to add document link on 4/28/2015 (REK). |
| Filing 358 RESPONSE to Motion re: #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Plaintiffs' Opposition to Defendants' Motion for Summary Judgment [redacted version] filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 357 MOTION to Seal Document Plaintiffs' Opposition to Defendants' Motion for Summary Judgment, Declaration of D. Paul Regan and Declaration of Bjorn I. Steinholt by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Drosman, Daniel) |
| Filing 356 *DECLARATION Declaration Of Anna Erickson White In Support Of #309 Defendants Opposition To Plaintiffs Motion For Partial Summary Judgment Regarding Defendants First Through Sixteenth, And Nineteenth Through Twentieth Affirmative Defenses. filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit 1)(White, Anna)* Modified to add document link on 4/28/2015 (REK). |
| Filing 355 RESPONSE to Motion re: #309 MOTION for Partial Summary Judgment Regarding Defendants' First - Sixteenth and Nineteenth - Twentieth Affirmative Defenses Defendants Opposition To Plaintiffs Motion For Partial Summary Judgment Regarding Defendants First Through Sixteenth, And Nineteenth Through Twentieth Affirmative Defenses filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A)(White, Anna) |
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Filing 354
ORDER granting #353 Motion for Extension of Time Deadline as to #351 MOTION for Reconsideration re: Order 307 . Response to motion for reconsideration shall be filed on or before 5/6/2015. The parties are advised that the Court will not grant further extension to this deadline absent truly extraordinaray circumstances. Signed by Judge David G Campbell on 4/16/2015.(DGC, nvo)
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| Filing 353 MOTION for Extension of Time to Respond to Defendants' Motion for Reconsideration (First Request) by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Alvarado, Darryl) |
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Filing 352
ORDER. Defendants have filed a Motion for Reconsideration. Doc. 351. Plaintiffs shall file a response to the motion, not to exceed 8 pages, by April 22, 2015. No reply shall be filed unless requested by the Court. Signed by Judge David G Campbell on 4-15-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 351 * MOTION for Reconsideration re: 307 Defendants Motion for Reconsideration and Objections to Order of March 26, 2015 by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Flum, Paul) *Modified to add document number/link on 4/10/2015* (REW). |
| Filing 350 TRANSCRIPT REQUEST of Telephonic Conference Proceedings held on 03/26/2015 by First Solar Incorporated for proceedings held on 3/26/2015, Judge David G Campbell hearing judge(s). (Besirof, Philip) *TRANSCRIPT REQUEST CANCELLED PER REQUESTOR ON 30MAR2015 *Modified on 3/30/2015 (RAP). |
| Filing 349 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Conference Proceedings held on 03/26/2015, before Judge David G. Campbell. (Court Reporter: Elizabeth A. Lemke). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2015. Redacted Transcript Deadline set for 4/27/2015. Release of Transcript Restriction set for 6/25/2015. (RAP) |
| Filing 348 *FILED at Doc. #402 *SEALED LODGED Proposed Exhibit 85 to the Appendix of Exhibits re: #342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) *Modified on 8/11/2015 (MAP)*. |
| Filing 347 *FILED at Doc. #402 *SEALED LODGED Proposed Exhibit 82 to the Appendix of Exhibits re: #342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) *Modified on 8/11/2015 (MAP)*. |
| Filing 346 *FILED at Doc. #402 *SEALED LODGED Proposed Exhibit 77 to the Appendix of Exhibits re: #342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) *Modified on 8/11/2015 (MAP)*. |
| Filing 345 *FILED at DOc. #402 *SEALED LODGED Proposed Exhibit 75 to the Appendix of Exhibits re: #342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) *Modified on 8/11/2015 (MAP)*. |
| Filing 344 *FILED at Doc. #402 *SEALED LODGED Proposed Exhibit 74 to the Appendix of Exhibits re: #342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) *Modified on 8/11/2015 (MAP)*. |
| Filing 343 *FILED at Doc. #402 *SEALED LODGED Proposed Exhibit 64 to the Appendix of Exhibits re: #342 MOTION to Seal Document Defendants Motion To File Documents Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) *Modified on 8/11/2015 (MAP)*. |
| Filing 342 MOTION to Seal Document Defendants Motion To File Documents Under Seal by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Affidavit Delson Declaration In Support Of Defendants Motion To File Documents Under Seal, #2 Text of Proposed Order)(Eth, Jordan) |
| Filing 341 REQUEST re: Request for Judicial Notice In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 340 Additional Attachments to Main Document re: #310 Memorandum Exhibits 86 through 90 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 339 Additional Attachments to Main Document re: #310 Memorandum Exhibit 84 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 338 Additional Attachments to Main Document re: #310 Memorandum Exhibits 79 through 81 and Exhibit 83 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 337 Additional Attachments to Main Document re: #310 Memorandum Exhibits 76 and 78 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 336 Additional Attachments to Main Document re: #310 Memorandum Exhibits 71 through 73 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 335 Additional Attachments to Main Document re: #310 Memorandum Exhibits 67 through 70 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 334 Additional Attachments to Main Document re: #310 Memorandum Exhibits 61 through 66 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 333 Additional Attachments to Main Document re: #310 Memorandum Exhibit 60 to the Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 332 Additional Attachments to Main Document re: #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Exhibits 56 through 59 to Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 331 Additional Attachments to Main Document re: #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Exhibits 45 through 55 to Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 330 Additional Attachments to Main Document re: #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Exhibits 26 through 44 to Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 329 Additional Attachments to Main Document re: #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Exhibits 21 to 25 to Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 328 Additional Attachments to Main Document re: #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Exhibits 11-20 to Appendix of Exhibits by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 327 Additional Attachments to Main Document re: #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Appendix of Exhibits, Exhibits 1 through 10 by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibits 1 - 10)(Eth, Jordan) |
| Filing 326 DECLARATION Declaration Of Samantha Sloan In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 325 DECLARATION Declaration Of Bryan Schumaker In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 324 DECLARATION Declaration Of Michael Koralewski In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 323 DECLARATION Declaration Of TK Kallenbach In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 322 DECLARATION Declaration Of Paul Flum In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 321 DECLARATION Declaration Of Adam DAngelo In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 320 DECLARATION Declaration Of Chris Bueter In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 319 DECLARATION Declaration Of James Zhu In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 318 DECLARATION Declaration Of Mark R. Widmar In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 317 DECLARATION Declaration Of Bruce Sohn In Support Of Defendants Motion For Summary Judgment by Defendants Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 316 DECLARATION Declaration Of Jens Meyerhoff In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 315 DECLARATION Declaration Of Robert J. Gillette In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 314 DECLARATION Declaration Of David Eaglesham In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 313 DECLARATION Declaration Of Michael J. Ahearn In Support Of Defendants Motion For Summary Judgment by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 312 Additional Attachments to Main Document re: #311 MOTION for Summary Judgment Defendants Motion For Summary Judgment Attachment A and Attachment B by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit Attachment B)(Eth, Jordan) |
| Filing 311 MOTION for Summary Judgment Defendants Motion For Summary Judgment by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 310 MEMORANDUM in Support of #309 MOTION for Summary Judgment Regarding Defendants' First - Sixteenth, and Nineteenth - Twentieth Affirmative Defenses by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit A - Interrogatory Response)(Brooks, Luke) |
| Filing 309 * MOTION for Partial Summary Judgment Regarding Defendants' First - Sixteenth, and Nineteenth - Twentieth Affirmative Defenses by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Brooks, Luke) * Modified to correct event; attorney noticed on 3/30/2015 (LAD). |
| Filing 308 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 3-26-15, Judge David G Campbell hearing judge(s). (Alvarado, Darryl) |
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Filing 307
ORDER. Following today's discovery conference call, the Court reread the matrix submitted by the parties at Doc. 268-1 and the Court's order regarding the matrix (Doc. 278). The documents at issue in the matrix included "all documents relating to the internal audit" of the LPM issue (Doc. 268-1 at 2); "all documents" related to the audit "includ[ing] interviews of 'key players'" (id.); "documents relating to interviews" (Doc. 268-1 at 4); "all documents" relating to "interviews of key players" (Doc, 168-1 at 11); and "[d]ocuments reflecting those interviews -- no matter who it was that conducted the interviews and no matter who it was that memorialized them" (id.). In short, there is no question that the matrix sought all documents related to the internal LPM audit and all documents relating to interviews conducted as part of the audit. The Court ordered Defendants, by January 31, 2015, to "produce the documents at issue in the matrix," finding them "clearly relevant." Doc. 278. In response to this order, Defendants should have searched the files of the five members of the audit team whose files were not searched, and should also have searched for all documents relating to audit interviews, no matter who created them. Defendants now contend that lawyer notes of LPM audit interviews were taken for a different purpose than the internal audit. Even if this is true, the notes relate to the audit interviews and were covered by the matrix and the Court's order. Defendants also now contend that such notes are work product, but Defendants do not dispute that they have never claimed work product protection for these notes pursuant to Rule 26(b)(5) and that they did not assert work product or privilege as a basis for withholding documents in the matrix. To the contrary, when Plaintiffs specifically asserted in the matrix that Defendants "do not contend the requested documents are privileged or protected" (Doc. 168-1 at 4), Defendants did not disagree. Although waiver of the work product protection is not lightly to be found, the Court finds it here because (1) documents related to the internal LPM audit are plainly relevant in this case and have been from the beginning, interviews related to the LPM audit are plainly relevant, notes of those interviews are plainly relevant, and yet Defendants have never asserted the work product protection with respect to such notes; (2) the attorney notes of interviews were clearly at issue in the matrix, and yet Defendants did not assert the work product protection in response; (3) Defendants did not assert the work product protection in response to Plaintiffs' express statement that Defendants were not asserting that protection; and (4) Defendants have failed to search for clearly relevant documents related to the LPM audit, discovery has now closed, motions for summary judgment are imminent, and it is simply too late in this case to be asserting work product protection for the first time. As a result, Defendants shall, by April 10, 2015, search for and produce (a) all documents related to the internal LPM audit from the files of the five audit team members discussed during the conference call, and (b) all attorney notes of interviews conducted in connection with the internal LPM audit. By requiring the production of attorney notes of interviews, the Court is not requiring the disclosure of attorney "mental impressions, conclusions, opinions, or legal theories... concerning the litigation." Fed. R. Civ. P. 26(b)(3)(B). That information, if any, may be redacted from attorney notes that are produced. Signed by Judge David G Campbell on 3-26-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 306 TRANSCRIPT REQUEST ORDER FORM by First Solar Incorporated for proceedings held on 3/26/2015, Judge David G Campbell hearing judge(s). (Besirof, Philip) |
| Filing 305 MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 3/26/2015.Plaintiffs address defendants non-compliance with Court order doc. 278. Discussion held. Court will review the parties matrix at doc. 268, the order at doc. 278 and issue an order. TELEPHONIC APPEARANCES: Daniel Drosman and Luke Brooks for Plaintiffs. Paul Flum for Defendants (Court Reporter Liz Lemke.) Hearing held 2:37 PM to 3:07 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
| Filing 304 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 303 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stewart, Christopher) |
| Filing 302 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 301 TRANSCRIPT REQUEST for Telephone Conference by First Solar Incorporated for proceedings held on 2/17/2015, Judge David G Campbell hearing judge(s). (Besirof, Philip) |
| Filing 300 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Conference Proceedings held on 02/17/2015, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2015. Redacted Transcript Deadline set for 3/23/2015. Release of Transcript Restriction set for 5/20/2015. (RAP) |
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Filing 299
ORDER re: #284 Notice (Other) filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. Signed by Judge David G Campbell on 2/18/2015. (DGC, nvo)
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| Filing 298 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 2/17/15, Judge David G Campbell hearing judge(s). (Alvarado, Darryl) |
| Filing 297 MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Conference held on 2/17/2015. Motion Hearing set for 6/25/2015 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. (Court Reporter Patricia Lyons.) Hearing held 3:30 PM to 3:56 PM.(TCA) |
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Filing 296
ORDER. Telephonic hearing re upcoming motions for summary judgment set for 2/17/2015 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall notify all parties of record of the call and set up a conference call to include all counsel who wish to participate in the call and the Court. Signed by Judge David G Campbell on 2/17/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 295 *SEALED Defendants' Ex Parte Memorandum and Supporting Delarations in Response to the Court's Order of February 5, 2015 re: #288 filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Beyers, Maureen) *Modified on 2/13/2015 to Change from Lodged to Filed and Correct Document Link (MAP)*. |
| Filing 294 TRANSCRIPT REQUEST AMENDED by First Solar Incorporated for proceedings held on 2/6/2015, Judge David G Campbell, Judge Telephonic Discovery Conference Proceedings hearing judge(s). (Besirof, Philip) |
| Filing 293 TRANSCRIPT REQUEST ORDER FORM by First Solar Incorporated for proceedings held on 02/06/2015, Judge David G Campbell, Judge Telephonic Discovery Conference hearing judge(s). (Besirof, Philip) |
| Filing 292 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference Proceedings held on 02/06/2015, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/2/2015. Redacted Transcript Deadline set for 3/10/2015. Release of Transcript Restriction set for 5/8/2015. (RAP) |
| Filing 291 MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 2/6/2015. Dispositive motions deadline extended to 3/27/2015. (see minute entry for details) (Court Reporter Patricia Lyons.) Hearing held 10:12 AM to 10:53 AM.(TCA) |
| Filing 290 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 2/6/2015, Judge David G Campbell hearing judge(s). (Stewart, Christopher) |
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Filing 289
ORDER re Telephonic Discovery Conference set for 2/6/2015 at 10:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall coordinate a conference call to include all counsel and the Court. Signed by Judge David G Campbell on 2/5/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Filing 288
ORDER re: #284 Notice (Other) filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re discovery. Signed by Judge David G Campbell on 2/5/2015. (DGC, nvo)
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| Filing 287 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stewart, Christopher) |
| Filing 286 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 285 NOTICE re: Regarding Documents for In Camera Review by First Solar Incorporated . (Flum, Paul) |
| Filing 284 NOTICE re: of Identified Documents for In Camera Review by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re: 281 Order . (Stewart, Christopher) |
| Filing 283 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
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Filing 282
ORDER. The Court has reviewed the parties' briefs regarding waiver by disclosure of documents to outside auditors. Docs. 269, 270. To the extent the attorney-client privilege is at issue, the Ninth Circuit has held that disclosure of privileged documents to outside auditors waives the privilege. See United States v. Ruehle, 583 F.3d 600, 609 (9th Cir. 2009). As the D.C. Circuit has recognized, however, "[w]hile voluntary disclosure waives the attorney-client privilege, it does not necessarily waive work-product protection." United States v. Deloitte LLP, 610 F.3d 129, 139 (D.C. Cir. 2010). The D.C. Circuit further explained: "To the best of our knowledge, no circuit has addressed whether disclosing work product to an independent auditor constitutes waiver. Among the district courts that have addressed this issue, most have found no waiver." Id. (citing cases). The Court has reviewed the cases cited by Plaintiffs, In re Diasonics Sec. Litig., No. C-83-4584-RFP(FW), 1986 WL 53402 (N.D. Cal. June 15, 1986), and Medinol, Ltd. v. Boston Scientific Corp., 214 F.R.D. 113 (S.D.N.Y. 2002). The Court finds the reasoning of the D.C. Circuit in Deloitte to be more persuasive. See 610 F.3d at 139-143; see also S.E.C. v. Berry, No. C07-04431 RMW HRL, 2011 WL 825742, at *6-8 (N.D. Cal. Mar. 7, 2011). The Court accordingly holds that Defendants' work product protection was not waived by disclosures to First Solar's outside auditors. Plaintiffs allude to other deficiencies in Defendants' work product claim, but these were not raised during the January 6, 2015 conference call. The issue raised was whether disclosure to outside auditors waives the attorney-client privilege or work product protection. Doc. 260. Signed by Judge David G Campbell on 1-27-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Filing 281
ORDER. The Court has reviewed the parties' proposals for challenging withheld or redacted documents. Doc. 271. By the close of business on January 28, 2015, Plaintiffs shall identify 20 documents from Defendants' privilege logs to be reviewed by the Court in camera. To the extent known by Plaintiffs, none of the documents should exceed 20 pages in length. By the close of business on February 2, 2015, Defendants shall deliver to the Court (1) complete and unredacted copies of the documents identified by Plaintiffs; (2) copies of the latest produced, redacted versions of the documents; and (3) the corresponding privilege log entries for the documents. The Court will determine the next step in the process after it has reviewed the documents. Signed by Judge David G Campbell on 1-27-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Filing 280
ORDER. The Court has considered the parties' briefing on the sufficiency of Defendants' privilege logs. Docs. 269, 270. Plaintiffs ask the Court to order Defendants to disclose whether each of the 5,000 documents in the logs was distributed to third parties and the identity of such parties, but cite no authority requiring such information. The Ninth Circuit has endorsed a log that discloses all persons or entities "shown on the document" to have received or sent the document. In re Grand Jury Investigation, 974 F.2d 1068, 1071 (9th Cir. 1992). The Court will not require more. If Defendants have not identified persons or entities shown on the documents to have received or sent the documents, they shall do so. In addition, to the extent available, Defendants should provide Plaintiffs with names of the attorneys and recipients shown on the documents, and dates of the documents, identified in Plaintiffs' Appendix A. Signed by Judge David G Campbell on 1-27-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 279 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
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Filing 278
ORDER. The Court has reviewed the parties' matrix regarding the LPM review documents. Doc. 268. The Court concludes that Defendants should produce the documents at issue in the matrix, which the Court understands to be related to an internal audit of the LPM issue. The Court does not agree that such clearly relevant documents may be withheld simply because they were created after March 31, 2012. Nor does the Court conclude that Plaintiffs unduly delayed their request. Defendants do not dispute that Plaintiffs learned of the documents in December of 2014. Defendants argue that Plaintiffs, through diligence, could have learned these facts much earlier, but the Court cannot conclude that Plaintiffs' failure to find the information in hundreds of thousands of produced pages constitutes undue delay. The Court notes that both sides' argument in this matrix -- particularly Plaintiffs' -- adopted an unnecessary accusatory tone. The parties should drop the tone in future communications with the Court. The Court also notes that Plaintiffs' argument was about twice as long as it needed to be. Repetition does not help with persuasion. Defendants shall produce the documents to Plaintiffs by January 31, 2015. Signed by Judge David G Campbell on 1-27-15. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 277 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
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Filing 276
ORDER pursuant to General Order 09-08 granting #275 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 275 MOTION for Admission Pro Hac Vice as to attorney James P Bennett on behalf of First Solar Incorporated. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX154332 as to James P Bennett. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 274 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Luke Brooks. (Brooks, Luke) |
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Filing 273
ORDER pursuant to General Order 09-08 granting #272 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 272 MOTION for Admission Pro Hac Vice as to attorney Lonnie A Browne on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX154266 as to Lonnie A Browne. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 271 NOTICE re: The Parties' Proposals for Challenging Withheld and Redacted Documents by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re: #260 Telephone Conference . (Brooks, Luke) |
| Filing 270 NOTICE re: Plaintiffs' Memo. in Support of Waiver of Privilege and Rule 26(B)(5) Requirements by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re: #260 Telephone Conference . (Brooks, Luke) |
| Filing 269 MEMORANDUM Defendants' Memorandum Re Privilege Log Requirements and Whether Production to an Auditor Waives Work Product by Defendant First Solar Incorporated. (Flum, Paul) |
| Filing 268 NOTICE re: Plaintiffs' and Defendants' Discovery Matrix Regarding LPM Review Documents by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re: #260 Telephone Conference . (Attachments: #1 Exhibit A - Internal Audit LPM Review Matrix)(Drosman, Daniel) |
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Filing 267
ORDER pursuant to General Order 09-08 granting #266 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 266 MOTION for Admission Pro Hac Vice as to attorney Tor Gronborg on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX154168 as to Tor Gronborg. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 264
ORDER. The Court provides the following rulings on issues raised in the parties' most recent matrix. (1) The defects addressed in the 30(b)(6) deposition will be limited to those specifically identified in the complaint (LPM and the hot climate issue). (2) For Topic 1(b), First Solar must present a witness prepared to testify regarding First Solar's knowledge regarding when individual defendants learned of defects. The testimony will concern First Solar's knowledge, not the individual defendants' knowledge. First Solar is not required in the 30(b)(6) deposition to provide testimony on behalf of the individual defendants. (3) Topic 3, even as narrowed by Plaintiffs, is clearly overbroad and would impose an unreasonable burden. If Plaintiffs wish to pursue this line of questioning, they shall identify 25 specific statements sufficiently in advance of the deposition to permit First Solar to prepare a witness on the identified statements. (4) First Solar will not be required to present a 30(b)(6) witness on Topic 11. The parties' positions on the causes of stock price fluctuations likely, and appropriately, will be addressed through expert testimony. (5) The Court concludes that responses to contention interrogatories are clearly a more efficient and cost-effective method of learning the factual basis for the affirmative defenses. Defendants shall respond to such a contention interrogatory on the same schedule as Plaintiffs' responses to contention interrogatories. (6) The Court sees merit, and greater efficiency, in setting an aggregate hours total for the 30(b)(6) depositions, and will set a limit of 20 hours. This aggregate total means, however, that Plaintiffs may decide where to allocate their time, even if the allocation results in one or more of the 30(b)(6) witnesses being deposed for more than 7 hours. (7) Defendants shall provide Plaintiffs with 30(b)(6) deposition dates by noon (Arizona time) next Tuesday. Signed by Judge David G Campbell on 1-8-55. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 263 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 262 NOTICE re: Regarding Plaintiffs' and Defendants' Discovery Matrix Regarding Plaintiffs' Rule 30(b)(6) Deposition of First Solar by First Solar Incorporated . (Flum, Paul) |
| Filing 265 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference Proceedings held on 01/06/2015, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/28/2015. Redacted Transcript Deadline set for 2/9/2015. Release of Transcript Restriction set for 4/7/2015. (RAP) |
| Filing 261 TRANSCRIPT REQUEST by First Solar Incorporated for proceedings held on 01/06/15, Judge David G Campbell hearing judge(s). (Beyers, Maureen) |
| Filing 260 MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 1/6/2015.(see minute entry for details) (Court Reporter Patricia Lyons.) Hearing held 11:34 AM to 12:07 PM.(TCA) |
| Filing 259 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 01/06/2015, Judge David G Campbell hearing judge(s). (Stewart, Christopher) |
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Filing 258
ORDER Telephone Discovery Conference set for 1/6/2015 at 11:30 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. The Discovery Conference is limited to 30 minutes (total). Counsel shall set up a conference call dial-in number to include all counsel of record and the Court. Counsel shall provide the Court with dial-in information for the call. Signed by Judge David G Campbell on 1/5/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 257 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 256 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference Proceedings held on 12/09/2014, before Judge David G. Campbell. (Court Reporter: Patricia Lyons). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2015. Redacted Transcript Deadline set for 1/16/2015. Release of Transcript Restriction set for 3/16/2015. (RAP) |
| Filing 255 TRANSCRIPT REQUEST by First Solar Incorporated for proceedings held on 12/09/14, Judge David G Campbell hearing judge(s). (Beyers, Maureen) |
| Filing 254 MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 12/9/2014.(see minute entry for details) (Court Reporter Patricia Lyons.) Hearing held 1:36 PM to 2:42 PM.(TCA) |
| Filing 253 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 12/9/14, Judge David G Campbell hearing judge(s). (Alvarado, Darryl) |
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Filing 252
ORDER. During today's discovery conference call, the Court took under advisement Defendants' request that Plaintiffs be required to respond to contention interrogatories served by Defendants some months ago. The interrogatories focus on false statements at issue in this case, which Defendants are alleged to be legally responsible for which false statements, and other questions designed to determine what evidence underlies Plaintiffs' allegations of falsity, scienter, causation, etc. The Court has reviewed the amended complaint. It sets forth the alleged false statements with reasonable specificity, often quoting the alleged false statements and emphasizing particularly relevant portions. See Doc. 93, paras. 63-209. As Magistrate Judge Brazil noted, "[i]f a complaint presents a relatively detailed specification of the real world events giving rise to it, and proceeds on relatively well established legal theories, an attempt to justify early use of contention interrogatories on the ground that answers would clarify the issues would not be especially persuasive." In re Convergent Technologies Sec. Litig., 108 F.R.D. 328, 337 (N.D. Cal. 1985). The Court also notes that Plaintiffs served their responses to the contention interrogatories in March, and Defendants have not challenged the responses until today, on the eve of the most intensive discovery period in the case, when virtually all witnesses are to be deposed. If Defendants thought they needed more complete responses in order to prepare for the depositions or otherwise fashion their discovery requests, they could have and should have sought the Court's assistance much earlier. The Court will not require Plaintiffs to respond to the contention interrogatories on January 8, 2015 as requested. The responses will be due on March 6, 2015, after the close of discovery, but two weeks before the deadline for filing motions for summary judgment. Signed by Judge David G Campbell on 12-9-14. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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Filing 251
ORDER. Telephonic Discovery Conference set for 12/9/2014 at 01:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall set up a dial-in number for use by all counsel and Court for the conference call. Signed by Judge David G Campbell on 12/8/2014. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Filing 250
ORDER pursuant to General Order 09-08 granting #249 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 249 MOTION for Admission Pro Hac Vice as to attorney Judson E Lobdell on behalf of defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, and James Zhu. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX153009 as to Judson E Lobdell. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 248
ORDER re: #236 discovery conference. Defendants shall comply with this order on or before 12/19/2014. Signed by Judge David G Campbell on 11/20/2014. (DGC, nvo)
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| Filing 247 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 246 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 245 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stewart, Christopher) |
| Filing 244 NOTICE re: Plaintiffs' and Defendants' Discovery Matrix Regarding Plaintiffs Third Request for Production of Documents and Director Subpoenas by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme re: #236 Telephone Conference, Common Prompts (Text Only) . (Attachments: #1 Exhibit A - Document Request Matrix)(Drosman, Daniel) |
| Filing 243 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 242 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
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Filing 241
ORDER pursuant to General Order 09-08 granting #240 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 240 MOTION for Admission Pro Hac Vice as to attorney Cody R Lejeune on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX151727 as to Cody R Lejeune. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 239 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on October 22, 2014, Judge David G Campbell hearing judge(s). (Beyers, Maureen) |
| Filing 238 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference Proceedings held on 10/22/2014, before Judge Campbell. Court Reporter: Elaine Cropper. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2014. Redacted Transcript Deadline set for 11/24/2014. Release of Transcript Restriction set for 1/22/2015. (RAP) |
| Filing 237 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 10/22/14, Judge David G Campbell hearing judge(s). (Alvarado, Darryl) |
| Filing 236 MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 10/22/2014. APPEARANCES: Telephonic appearance by Luike Brooks and Daniel Drosman for Plaintiffs. Telephonic appearance by Paul Flum, Jordan Eth, Maureen Beyers for Defendants. ( see minute entry for details) (Court Reporter Elaine Cropper.) Hearing held 2:35 PM to 3:54 PM.(TCA) |
| Filing 235 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 234 REPORT of Plaintiffs' and Defendants' Custodian Matrix Regarding Proposed Additional Custodians re: 233 by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
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Filing 233
ORDER. Telephonic Discovery Conference set for 10/22/2014 at 02:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel shall initiate a conference call to include counsel for all parties and the Court. Counsel shall provide dial-in information to the Court if appropriate. Signed by Judge David G Campbell on 10/20/2014. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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Filing 232
ORDER pursuant to General Order 09-08 granting #231 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 231 MOTION for Admission Pro Hac Vice as to attorney Mark Ryan Scott Foster on behalf of plaintiffs Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, and James Zhu. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX151418 as to Mark Ryan Scott Foster. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 230
ORDER re matrix ordered in discovery conference call held on 9/18/2014. Signed by Judge David G Campbell on 10/15/2014. (DGC, nvo)
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| Filing 229 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 228 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 227 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 226 NOTICE of Service of Discovery filed by Mark Smilovits. (Alvarado, Darryl) |
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Filing 225
ORDER granting #221 Stipulation: re protective order governing confidentiality. Signed by Judge David G Campbell on 10/3/2014. (DGC, nvo)
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| Filing 224 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 223 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stewart, Christopher) |
| Filing 222 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference Proceedings held on 09/18/2014, before Judge Campbell. Court Reporter: Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/15/2014. Redacted Transcript Deadline set for 10/27/2014. Release of Transcript Restriction set for 12/23/2014. (RAP) |
| Filing 221 STIPULATION Regarding Stipulated Protective Order Governing Confidentiality by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Alvarado, Darryl) |
| Filing 220 NOTICE of Appearance by Joseph Nathaniel Roth on behalf of Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Craig Kennedy, Jens Meyerhoff, James F Nolan, Bruce Sohn, Mark R Widmar, James Zhu. (Roth, Joseph) |
| Filing 219 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Craig Kennedy, Jens Meyerhoff, James F Nolan, William J Post, J Thomas Presby, Bruce Sohn, Paul H Stebbins, Michael Sweeney, Jose H Villarreal, Wayne County Employees' Retirement System, Mark R Widmar, James Zhu for proceedings held on 9/18/14, Judge David G Campbell hearing judge(s). (Beyers, Maureen) |
| Filing 218 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 217 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 216 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 09/18/2014, Judge David G Campbell hearing judge(s). (Stewart, Christopher) |
| Filing 215 MINUTE ENTRY for proceedings held before Judge David G Campbell: Telephone Discovery Conference held on 9/18/2014. Discovery due by 2/27/2015. Dispositive motions due by 3/20/2015. (Court Reporter Patricia Lyons.)(see minute entry for details) Hearing held 2:31 PM to 3:45 PM.(TCA) |
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Filing 214
ORDER. Telephonic Discovery Conference set for 9/18/2014 at 02:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Counsel for Plaintiffs shall initiate a conference call to include all parties and the Court. If a dial-in number is established, counsel shall provide the Court with the dial-in number no later than 11:30 a.m. on 9/18/2014. Signed by Judge David G Campbell on 9/17/2014. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 213 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
| Filing 212 REPORT of Settlement Talks/Discussions Joint Notice Regarding Status of Settlement Discussions by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
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Filing 211
ORDER pursuant to General Order 09-08 granting #210 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 210 MOTION for Admission Pro Hac Vice as to attorney Jennifer N Caringal on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX149898 as to Jennifer N Caringal. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 209 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Alvarado, Darryl) |
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Filing 208
ORDER pursuant to General Order 09-08 granting #207 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 207 MOTION for Admission Pro Hac Vice as to attorney Darryl J Alvarado on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| Filing 206 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX149718 as to Darryl J Alvarado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 205
ORDER. The Court will grant the parties' request and extend the deadline for good faith settlement talks to August 29, 2014. The Court concludes that attendance by the company defendant (including the general counsel) and relevant D&O insurers, along with counsel for all defendants, is sufficient. Individual Defendants need not attend, provided those in attendance have full authority to settle on their behalf. Signed by Judge David G Campbell on 7-28-14. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 204 STIPULATION re: #177 Order, Set/Reset Deadlines/Hearings [Joint Application to Modify Deadline for Settlement Talks] by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order A (Defendants' version), #2 Text of Proposed Order B (Lead Plaintiffs' version))(Forge, Jason) |
| Filing 203 NOTICE of Service of Discovery filed by Mineworkers' Pension Scheme. (Stewart, Christopher) |
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Filing 202
ORDER that the #198 Motion to Withdraw as Attorney is granted. The Clerk of the Court shall remove from the docket attorneys Richard G. Himelrick and J. James Christian of Tiffany & Bosco, P.A. as local counsel of record for NYSTRS. Signed by Judge David G Campbell on 5/30/2014.(LFIG)
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Filing 201
ORDER pursuant to General Order 09-08 granting #200 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 200 MOTION for Admission Pro Hac Vice as to attorney Paul Flum on behalf of First Solar Incorporated. (BAS) |
| Filing 199 DECLARATION of J. James Christian re: #198 MOTION to Withdraw as Attorney for Plaintiff The New York State Teachers' Retirement System by Movant New York State Teachers' Retirement System. (Himelrick, Richard) |
| Filing 198 MOTION to Withdraw as Attorney for Plaintiff The New York State Teachers' Retirement System by New York State Teachers' Retirement System. (Attachments: #1 Text of Proposed Order)(Himelrick, Richard) |
| PRO HAC VICE FEE PAID. $ 35, receipt number PHX146612 as to Paul Flum. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 197
ORDER pursuant to #196 Stipulation. Discovery due by 12/30/2014. Dispositive motions due by 1/20/2015. Signed by Judge David G Campbell on 5/16/2014. (DGC, nvo)
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| Filing 196 STIPULATION [DEFENDANTS' UNCONTESTED APPLICATION FOR MODIFICATION OF DISCOVERY SCHEDULE] by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Order)(Beyers, Maureen) |
| Filing 195 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stewart, Christopher) |
| Filing 194 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Forge, Jason) |
| Filing 193 MEMORANDUM Joint Memorandum Re Status of Class-Notification Efforts by Plaintiffs British Coal Staff Superannuation Scheme, Johnny Hyldmar, Mineworkers' Pension Scheme, Mark Smilovits. (Attachments: #1 Affidavit Declaration of Carole K. Sylvester Setting Forth Class Notification Efforts and Summarizing Exclusion Requests)(Forge, Jason) |
| Filing 192 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 191 NOTICE by CT Corporation re Stimpson Grandchildren's LLC. (ALS) |
| Filing 190 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 189 NOTICE by National Registered Agents, Inc. re Cyan Opportunities LTD and JRW Capital Growth Opportunites, LP: NRAI is unable to receive the document(s) on behalf of the defendant/party (Attachments: #1 JRW Capital Growth Opportunities, LP)(ALS) |
| Filing 188 NOTICE by CT Corporation: KCM Capital, LLC is not listed on their records or the records of the State of DE. (ALS) |
| Filing 187 *NOTICE of Service of Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme . (Stewart, Christopher) *Modified to correct event type on 2/11/2014 (ALS). |
| Filing 186 NOTICE of Service of Discovery filed by Michael J Ahearn. (White, Anna) |
| Filing 185 NOTICE re of Service of Discovery (of Issuance of Plaintiffs' Subpoenas Commanding Production of Documents to Third Parties) by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme . (Stewart, Christopher) |
| Filing 184 NOTICE re of Discovery (of Issuance of Plaintiffs' Subpoena Commanding Production of Documents to PricewaterhouseCoopers) by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme . (Stewart, Christopher) |
| Filing 183 NOTICE of Service of Discovery filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) |
| Filing 182 * NOTICE re Rule 26(a) Initial Disclosures by Defendants by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) * Attorney noticed about Notice of Service of Discovery event on 12/16/2013 (LAD). |
| Filing 181 * NOTICE re Initial Disclosure by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Forge, Jason) * Attorney noticed regarding Notice of Service of Discovery event on 12/16/2013 (LAD). |
| Filing 180 NOTICE of Service of Discovery filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Stewart, Christopher) |
| Filing 179 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference held on 11-22-2013, before Judge Campbell. Court Reporter Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/26/2013. Redacted Transcript Deadline set for 1/6/2014. Release of Transcript Restriction set for 3/4/2014. (MAS) |
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Filing 178
ORDER #172 Stipulation is granted. Signed by Judge David G Campbell on 12/3/2013. (DGC, nvo)
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Filing 177
ORDER. Case Management Order No. 2. Discovery due by 10/31/2014. Dispositive motions due by 11/21/2014. Signed by Judge David G Campbell on 11/25/2013. (DGC, nvo)
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| Filing 176 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 11/22/13 before Judge Campbell.. (Stewart, Christopher) |
| Filing 175 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 11/22/13 before Judge Campbell.. (Beyers, Maureen) |
| Filing 174 MINUTE ENTRY for proceedings held before Judge David G Campbell: Scheduling Conference held on 11/22/2013. Discussion held. Parties to submit in the form of a proposed order the stipulation at doc. 172 with the revisions as discussed the record. Haliburton case discussed. Proposed scheduling deadlines discussed. Court takes the arguments on the Halburton case and the proposed deadlines under advisement and will issue an order. APPEARANCES: Jason Forge for Plaintiff. Jordan Eth and Maureen Beyers for Defendants (Court Reporter Patricia Lyons.) Hearing held 3:00 PM to 3:58 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
| Filing 173 REPORT of Joint Proposed Schedule by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Eth, Jordan) |
| Filing 172 STIPULATION Regarding Class Notice Procedures by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Notice of Pendency of Class Action, #3 Exhibit B - Summary Notice of Pendency of Class Action)(Forge, Jason) |
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Filing 171
ORDER granting #156 Motion to Certify Class. Class notice shall be filed on or before 11/8/2013. Case Management Conference set for 11/22/2013 at 3:00 PM. Signed by Judge David G Campbell on 10/8/2013.(DGC, nvo)
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| Filing 170 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 9/20/2013, before Judge Campbell. Court Reporter Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/22/2013. Redacted Transcript Deadline set for 11/1/2013. Release of Transcript Restriction set for 12/30/2013. (VPB) |
| Filing 169 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 9/20/2013 before Judge Campbell.. (Stewart, Christopher) |
| Filing 168 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on September 20, 2013 before Judge Campbell.. (Beyers, Maureen) |
| Filing 167 MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 9/20/2013. ORDERED taking under advisement #156 Motion to Certify Class. APPEARANCES: Jason Forge, Christopher Stewart, and Kevin Hanger for Plaintiffs. Jordan Eth, Maureen Beyers, and Philip Besirof for Defendants (Court Reporter Patricia Lyons.) Hearing held 1:04 PM to 2:24 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
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Filing 166
ORDER, Hearing set as to #156 MOTION to Certify Class: Motion Hearing set for 8/15/2013 at 9:30 AM is VACATED and RESET to 9/20/2013 at 01:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 8/8/2013. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 165 DECLARATION of Jason A. Forge in Support of Lead Plaintiffs' Motion for Class Certification re #164 Reply to Response to Motion, #156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Excerpts from Paul Gompers Deposition)(Forge, Jason) |
| Filing 164 REPLY to Response to Motion re #156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Forge, Jason) |
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Filing 163
ORDER re #139 Order on Stipulation. Set/Reset Deadlines/Hearings, DUE TO A CONFLICT IN THE COURT'S CALENDAR, The Class Certification Hearing set for 8/2/2013 at 2:00 PM is VACATED and RESET to 8/15/2013 at 09:30 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 7/18/2013. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo)
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| Filing 162 DECLARATION of Philip T. Besirof re #161 Response in Opposition to Motion, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit 1, #2 Exhibit 2-1, #3 Exhibit 2-1, #4 Exhibit 2-3, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Besirof, Philip) |
| Filing 161 RESPONSE in Opposition re #156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Eth, Jordan) |
| Filing 160 Sealed Memorandum in Support of #156 Motion filed by British Coal Staff Superannuation Scheme. (Attachments: #1 Exhibit 1, #2 Exhibit 4, #3 Exhibit 5)(MAP) |
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Filing 159
ORDER granting #154 Motion to Seal Lead Plaintiffs' Memorandum of Law in Support of Motion for Class Certification. Signed by Judge David G Campbell on 7/1/13. (MAP)
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| Filing 158 AFFIDAVIT in Support re #156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification Declaration of Jason A. Forge in Support of Lead Plaintiffs' Motion for Class Certification filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Interrogatory response [Under Seal], #2 Exhibit 2 - Steinholt Declaration, #3 Exhibit 3 - RFA response, #4 Exhibit 4 - McCormick depo excerpt [Under Seal], #5 Exhibit 5 - Urquhart depo excerpt [Under Seal], #6 Exhibit 6- Gompers depo excerpt, #7 Exhibit 7 - Gompers Declaration)(Forge, Jason) |
| Filing 157 MEMORANDUM Lead Plaintiffs' Memorandum of Law in Support of Motion for Class Certification [Redacted Version] #156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Forge, Jason) |
| Filing 156 MOTION to Certify Class Lead Plaintiffs' Notice of Motion and Motion for Class Certification by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Forge, Jason) |
| Filing 155 *Filed at Doc. #160 *ODGED Proposed Lead Plaintiffs' Memorandum in Support of Class Certification, Exs. 1, 4-5 re: #154 MOTION to Seal Document Motion to File Lead Plaintiffs' Memorandum of Law in Support of Motion for Class Certification Under Seal. Document to be filed by Clerk if Motion to Seal is granted. Filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Interrogatory response, #2 Exhibit 4 - McCormick depo excerpts, #3 Exhibit 5 - Urquhart depo excerpts)(Forge, Jason) *Modified on 7/1/2013 (MAP)*. |
| Filing 154 MOTION to Seal Document Motion to File Lead Plaintiffs' Memorandum of Law in Support of Motion for Class Certification Under Seal by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Forge, Jason) |
| Filing 153 NOTICE re CANCELLATION OF DEPOSITION AND WITHDRAWAL OF NOTICE OF DEPOSITION OF BJORN I. STEINHOLT by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu re #152 Notice of Deposition of Bjorn I. Steinholt. (Besirof, Philip) |
| Filing 152 WITHDRAWN by (doc. 153) NOTICE of Deposition of Bjorn I. Steinholt, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Besirof, Philip) Modified on 6/13/2013 (TLJ). |
| Filing 151 NOTICE re Service of Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme . (Stewart, Christopher) |
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Filing 150
ORDER pursuant to General Order 09-08 granting #149 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 149 MOTION for Admission Pro Hac Vice as to attorney Eugene G Illovsky on behalf of First Solar Incorporated. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX134645 as to Eugene G Illovsky. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 148 NOTICE re of Withdrawal of Counsel by Wayne County Employees' Retirement System . (Allen, Kathryn) |
| Filing 147 NOTICE of Deposition of Lead Plaintiff Mineworkers' Pension Scheme, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (Beyers, Maureen) |
| Filing 146 NOTICE of Deposition of Lead Plaintiff British Coal Staff Superannuation Scheme, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Beyers, Maureen) |
| Filing 145 NOTICE of Deposition of Baillie Gifford & Co., filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar. (Attachments: #1 Exhibit A)(Beyers, Maureen) |
| Filing 144 NOTICE re of Service of Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme . (Stewart, Christopher) |
| Filing 143 NOTICE re Service of Discovery by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu . (Beyers, Maureen) |
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Filing 142
ORDER granting #141 Stipulation re expert discovery protocol. Signed by Judge David G Campbell on 4/22/2013. (NVO)
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| Filing 141 STIPULATION Regarding Expert Discovery Protocol by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Beyers, Maureen) |
| Filing 140 NOTICE re Notice of Service of Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme . (Stewart, Christopher) |
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Filing 139
*ORDER pursuant to #138 Stipulation: Class Certification Hearing set for 7/2/2013 at 2:00 PM is VACATED and RESET for 8/2/2013 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Class Certification Discovery due by 6/14/13. Signed by Judge David G Campbell on 4/17/2013. (NVO) *Modified to add discovery deadline on 4/18/2013 (TLJ).
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| Filing 138 STIPULATION to Modify Class Certification Discovery Schedule by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Beyers, Maureen) |
| Filing 137 NOTICE of Deposition of Lead Plaintiff Mineworkers' Pension Scheme, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Beyers, Maureen) |
| Filing 136 NOTICE of Deposition of Lead Plaintiff British Coal Staff Superannuation Scheme, filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Beyers, Maureen) |
| Filing 135 NOTICE re Service of Discovery by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme . (Stewart, Christopher) |
| Filing 134 NOTICE re Service of Discovery by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu . (Beyers, Maureen) |
| Filing 133 NOTICE re Service of Discovery by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu . (Beyers, Maureen) |
| Filing 132 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 2/26/2013, before Judge David G. Campbell. Court Reporter Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/27/2013. Redacted Transcript Deadline set for 4/8/2013. Release of Transcript Restriction set for 6/4/2013. (VAR) |
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Filing 131
CASE MANAGEMENT ORDER: Class Certification Discovery due by 5/3/2013. Plaintiff motion for class certification due 5/17/13; Response due 6/7/13; Reply 6/21/13; Class Certificaiton Hearing set for 7/2/2013 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell.. Signed by Judge David G Campbell on 3/1/2013. ( see order for additional deadlines)(TCA)
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| Filing 130 TRANSCRIPT REQUEST by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu for proceedings held on 02/26/2013 before Judge David G. Campbell.. (Beyers, Maureen) |
| Filing 129 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 02/26/2013 before Judge David G. Campbell.. (Forge, Jason) |
| Filing 128 Minute Entry for proceedings held before Judge David G Campbell: Scheduling Conference re:class certification held on 2/26/2013.Discussion held. Deadlines discussed. Court will enter a scheduling order as to class certification. A second case managment conference to be set after decision on class certification. APPEARANCES: Jason Forge,Kevin Hanger, Mark Solomon for Plaintiffs. Jordan Eth adn Maureen Beyers for Defendants (Court Reporter Patricia Lyons.) Hearing held 3:31 PM to 3:56 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
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Filing 127
ORDER pursuant to General Order 09-08 granting #126 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 126 MOTION for Admission Pro Hac Vice as to attorney Philip T Besirof on behalf of First Solar Incorporated. (BAS) |
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Filing 125
IT IS ORDERED the Rule 16 Case Management Conference presently set for 2/26/2013 at 4:30 PM is RESET AS TO TIME ONLY!!. Rule 16 Case Management Conference RESET for 2/26/2013 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Ordered by Judge David G Campbell. (NVO)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX131441 as to Philip T Besirof. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 124
ORDER. Rule 16 Case Management Conference RESET to 2/26/2013 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 2/4/2013. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVO)
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| Filing 123 First Solar, Inc.'s ANSWER to #93 Amended Complaint, with Jury Demand by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu.(White, Anna) |
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Filing 122
ORDER pursuant to General Order 09-08 granting #121 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX130462 as to Christopher Dennis Stewart. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 121 MOTION for Admission Pro Hac Vice as to attorney Christopher Dennis Stewart on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| Filing 120 REPORT of Rule 26(f) Planning Meeting by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Forge, Jason) |
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Filing 119
ORDER APPROVING STIPULATION REGARDING AGREEMENT RESOLVING MOTION TO LIMIT CONFIDENTIALITY AGREEMENTS RE #118 Stipulation and Plaintiffs' Motion to Limit Confidentiality Agreements is deemed withdrawn re #99 . Signed by Judge David G Campbell on 1/22/13. (TLJ)
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| Filing 118 STIPULATION Regarding Agreement Resolving Motion to Limit Confidentiality Agreements by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Beyers, Maureen) |
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Filing 117
ORDER pursuant to #116 Stipulation For Extension of Time To Answer Complaint : All Defendants answer to amended complaint due 1/29/2013. Signed by Judge David G Campbell on 1/8/2013. (NVO)
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| Filing 116 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT . (Attachments: #1 Text of Proposed Order)(Beyers, Maureen) |
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Filing 115
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE for 1/30/2013 at 04:00 PM before Judge David G Campbell. The Clerk of the Court shall send copies of this order to all counsel of record and to any unrepresented parties Signed by Judge David G Campbell on 12/17/12. (TLJ)
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Filing 114
ORDER denying without prejudice #99 Plaintiff's Motion to Limit Confidentiality agreements ; denying #102 Defendants' Motion to Dismiss. The Court will hold a case management conference on 1/30/13 at 4:00 PM. Signed by Judge David G Campbell on 12/17/12.(TLJ)
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| Filing 113 REPLY to Response to Motion re #102 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Supplemental Declaration of Anna Erickson White, #2 Exhibit 1, #3 Supplemental Request for Judicial Notice, #4 Text of Proposed Order)(White, Anna) |
| Filing 112 REPLY to Response to Motion re #99 MOTION Lead Plaintiffs' Motion to Limit Confidentiality Agreements filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Forge, Jason) |
| Filing 111 WAIVER OF SERVICE Returned Executed by Mineworkers' Pension Scheme, British Coal Staff Superannuation Scheme. Bruce Sohn waiver sent on 8/23/2012. (Forge, Jason) |
| Filing 110 WAIVER OF SERVICE Returned Executed by Mineworkers' Pension Scheme, British Coal Staff Superannuation Scheme. David Eaglesham waiver sent on 8/23/2012. (Forge, Jason) |
| Filing 109 RESPONSE in Opposition re #102 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Forge, Jason) |
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Filing 108
ORDER granting #105 Motion to Withdraw and the law firm of Mack Drucker & Watson, P.L.C., shall be relieved of any further responsibility as counsel of record for Johnny Hyldmar in this matter. Signed by Judge David G Campbell on 10/1/12.(TLJ)
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| Filing 107 DECLARATION of Anna Erickson White re #106 Response in Opposition to Motion, to Limit Confidentiality Agreements filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit 1)(White, Anna) |
| Filing 106 RESPONSE in Opposition re #99 MOTION Lead Plaintiffs' Motion to Limit Confidentiality Agreements filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(White, Anna) |
| Filing 105 MOTION to Withdraw as Counsel of Record by Johnny Hyldmar. (Watson, Daxton) |
| Filing 104 *REQUEST for Judicial Notice re #102 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint and #103 Declaration by Defendants Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(White, Anna) *Modified to correct event type and to link to document on 9/17/2012 (TLJ). |
| Filing 103 DECLARATION of Anna Erickson White in Support of re #102 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(White, Anna) |
| Filing 102 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu. (White, Anna) |
| Filing 101 AFFIDAVIT in Support re #99 MOTION Lead Plaintiffs' Motion to Limit Confidentiality Agreements Declaration of Jason A. Forge filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 - Letter to Gillen, #2 Exhibit 2 - sample agreement, #3 Exhibit 3 - meet and confer Forge email, #4 Exhibit 4 - 2011 10-K excerpt, #5 Exhibit 5 - Declaration of Georgette Gillen, #6 Exhibit 6 - Declaration of Ken Keatly)(Forge, Jason) |
| Filing 100 MEMORANDUM of Points and Authorities in Support of #99 MOTION Lead Plaintiffs' Motion to Limit Confidentiality Agreements by Plaintiffs British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Forge, Jason) |
| Filing 99 WITHDRAWN by (doc. 119) MOTION Lead Plaintiffs' Motion to Limit Confidentiality Agreements by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Text of Proposed Order)(Forge, Jason) Modified on 1/22/2013 (TLJ). |
| Filing 98 NOTICE re Joint Submission Regarding Cost Saving Measures Pursuant to the Court's August 27, 2012 Order by Michael J Ahearn, David Eaglesham, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Bruce Sohn, Mark R Widmar, James Zhu re 96 Order,, . (Attachments: #1 Exhibit 1)(White, Anna) |
| Filing 97 NOTICE of Change of Address by Andrew S Friedman. (Friedman, Andrew) |
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Filing 96
ORDER. The parties have filed a notice that they have been unable to agree on any of the cost saving measures suggested by the Court. Doc. 92. That result is not acceptable. Most of the proposed measures are neither difficult nor controversial. The parties shall confer again and agree upon reasonable cost saving measures, or modifications of the measures, by September 7, 2012. Signed by Judge David G Campbell on 8-27-12. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 95 Summons Issued as to David Eaglesham, Bruce Sohn. (Attachments: #1 Summons)(REW). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 94 SUMMONS Submitted by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Summons)(Drosman, Daniel) |
| Filing 93 AMENDED COMPLAINT First Amended Complaint For Violation of the Federal Securities Laws against All Defendants, filed by Mineworkers' Pension Scheme, British Coal Staff Superannuation Scheme. (Attachments: #1 Exhibit A - Chart of insider sales)(Drosman, Daniel) |
| Filing 92 NOTICE re Joint Submission Regarding Cost Saving Measures Pursuant to the Court's July 23, 2012 Order by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu re #89 Order on Motion to Appoint Counsel. (White, Anna) |
| Filing 91 TRANSCRIPT REQUEST by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Craig Kennedy, Jens Meyerhoff, James F Nolan, William J Post, J Thomas Presby, Paul H Stebbins, Michael Sweeney, Jose H Villarreal, Mark R Widmar, James Zhu for proceedings held on July 17, 2012 before Judge Campbell.. (Beyers, Maureen) |
| Filing 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 7/17/2012, before Judge David G. Campbell. Court Reporter Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/17/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/25/2012. (VAR) |
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Filing 89
ORDER denying #23 Motion to Appoint; denying #23 Motion to Appoint Counsel; denying #27 Motion to Appoint Counsel; denying #31 Motion to Appoint; denying #33 Motion to Appoint; denying #34 Motion to Appoint; granting #36 Motion to Appoint; denying #21 Motion to Appoint Counsel. Lead plaintiff shall file an amended complaint on or before 8/17/2012; Defendants may file a motion to dismiss on or before 9/14/2012. Signed by Judge David G Campbell on 7/23/2012.(NVO)
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| Filing 88 TRANSCRIPT REQUEST by New York State Teachers' Retirement System for proceedings held on 07/17/2012 before Judge Campbell.. (Christian, Jeremy) |
| Filing 87 TRANSCRIPT REQUEST by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme for proceedings held on 07/17/2012 before Judge Campbell.. (Myers, Danielle) |
| Filing 86 Additional Attachment to Main Document re #85 Order on Motion to Reassign Case. (TLJ) |
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Filing 85
ORDER Defendants motions to transfer (Docs. #20 #43 , #61 ) are granted. The following cases are transferred to the undersigned judge: 12-CV-00769-PHX-ROS, 12-CV-00819-PHX-JWS, 12-CV-01031-PHX-JAT, 12- CV-01144-PHX-NVW. The Clerk shall file a copy of this order in each of the transferred cases. The Court will hold a case management conference on August 7, 2012 at 3:00 p.m. as set forth above. Signed by Judge David G Campbell on 7/17/12.(TLJ)
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| Filing 84 Minute Entry. Proceedings held before Judge David G Campbell: Appearances: Darren Robbins, Mark Solomon, Andrew Friedman for British Coal Staff Superannuation Scheme and Mine Workers Pension; Kathryn Allen, Jeffrey Gardner for Wayne County Employee's Retirement System; James Christian, Richard Himelrick, Salvatore Graziano, Client Rep Joseph Indelicato for New York State Teacher's Retirement System; Maureen Beyers and Jordan Eth for defendants Motion Hearing held on 7/17/2012. ORDERED taking under advisement #23 Motion to Appoint Lead counsel. ; taking under advisement #23 Motion to Appoint Counsel ; taking under advisement #27 Motion to Appoint Counsel ; taking under advisement #31 Motion to Appoint Lead counsel ; taking under advisement #33 Motion to Appoint Lead counsel ; taking under advisement #34 Motion to Appoint Lead counsel ; taking under advisement #36 Motion to Appoint Lead counsel ; taking under advisement #21 Motion to Appoint Counsel. Court will issue an order on the motions to appoint and the motions to transfer related cases. (Court Reporter Patricia Lyons.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
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Filing 83
ORDER pursuant to General Order 09-08 granting #81 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX124053 as to Darren J Robbins. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 82 NOTICE re Waiver of Appearance by Johnny Hyldmar . (Watson, Daxton) |
| Filing 81 MOTION for Admission Pro Hac Vice as to attorney Darren J. Robbins by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Robbins, Darren) |
| Filing 80 NOTICE of Appearance by Jeffrey Dale Gardner on behalf of Wayne County Employees' Retirement System. (Gardner, Jeffrey) |
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Filing 79
ORDER pursuant to General Order 09-08 granting #78 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 78 MOTION for Admission Pro Hac Vice as to attorney Kathryn B Allen on behalf of Wayne County Employees' Retirement System. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX123861 as to Kathryn B Allen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 77 REPLY to Response to Motion re #61 MOTION to Reassign Case (Motion to Transfer Related Case) Defendants' Reply in Support of Motion to Transfer filed by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu, James F Nolan, Michael Sweeney, J Thomas Presby, Paul H Stebbins, Craig Kennedy, Jose H Villarreal, William J Post. (Beyers, Maureen) |
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Filing 76
ORDER, Hearing set as to all motions to Appoint Counsel as Lead Plaintiff. Motion Hearing set for 7/17/2012 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 6/20/2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVO)
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| Filing 75 RESPONSE in Opposition re #61 MOTION to Reassign Case (Motion to Transfer Related Case) filed by Eng Kwang Tan. (Attachments: #1 Declaration of Keith M. Cochran, #2 Exhibit 1 to Declaration of Keith M. Cochran, #3 Exhibit 2 to Declaration of Keith M. Cochran)(Cochran, Keith) |
| Filing 74 DECLARATION of J. James Christian in Support of the Reply Memorandum of Law re #72 Reply to Response to Motion by Movant New York State Teachers' Retirement System. (Attachments: #1 Exhibit A-C)(Christian, Jeremy) |
| Filing 73 *DECLARATION of Gerard C. Lane re #71 Reply to Response to Motion re #36 Declaration of Gerard C. Lane in Further Support of the Mineworkers' Pension Scheme's and British Coal Staff Superannuation Scheme's Motion for Appointment as Lead Plaintiff by Movants British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Myers, Danielle) *Modified to add document on 6/12/2012 (TLJ). |
| Filing 72 REPLY to Response to Motion re #33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by New York State Teachers' Retirement System. (Christian, Jeremy) |
| Filing 71 REPLY to Response to Motion re #36 MOTION to Appoint Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Reply Memorandum of Law in Further Support of Their Motion for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Myers, Danielle) |
| Filing 70 *REPLY MEMORANDUM (Reply to Response to Motion) Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Reply Memorandum of Law in Further Support of Their Motion for Appointment as Lead Plaintiff #36 and in Response to Defendants' Response to Motions for Appointment of Lead Plaintiff and Lead Plaintiff's Counsel #62 Response to Motion,,,, by Movants British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit A, #2 Exhibit B)(Myers, Danielle) *Modified to correct event type and to link to document on 6/12/2012 (TLJ). |
| Filing 69 REPLY to Response to Motion re #20 MOTION to Reassign Case (Motion to Transfer Related Cases) filed by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Beyers, Maureen) |
| Filing 68 REPLY re #34 MOTION to Appoint as Lead Plaintiff. Reply of Wayne County Employees' Retirement System for Appointment as Lead Plaintiff, and Approval of Its Selection of Counsel by Movant Wayne County Employees' Retirement System. (Varga, Edward) |
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Filing 67
ORDER pursuant to General Order 09-08 granting #46 Motion for Admission Pro Hac Vice; granting #50 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX122685 as to Richard W Gonnello. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 66 DECLARATION of Wayne Schneider in Further Support of the Motion of The New York State Teachers' Retirement System for Appointment as Lead Plaintiff and Approval of Its Selection of Counsel as Lead Counsel for the Class re #64 Response in Opposition to Motion,,,, by Movant New York State Teachers' Retirement System. (Christian, Jeremy) |
| Filing 65 DECLARATION of J. James Christian in Support of the Memorandum of Law in Opposition to the Competing Motions for Appointment of Lead Plaintiffs and in Further Support of the Motion of The New York State Teachers' Retirement System for Its Appointment as Lead Plaintiff re #64 Response in Opposition to Motion,,,, by Movant New York State Teachers' Retirement System. (Attachments: #1 Exhibit A-D, #2 Exhibit E-L)(Christian, Jeremy) |
| Filing 64 RESPONSE in Opposition re #21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof, #27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof, #36 MOTION to Appoint, #23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel , #31 MOTION to Appoint Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel, #34 MOTION to Appoint Memorandum of Law in Opposition to the Competing Motions for Appointment of Lead Plaintiffs and in Further Support of the Motion of the New York State Teachers' Retirement System for its Appointment as Lead Plaintiff filed by New York State Teachers' Retirement System. (Christian, Jeremy) |
| Filing 63 RESPONSE in Opposition re #21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof, #27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof, #31 MOTION to Appoint Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel, #34 MOTION to Appoint, #33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL , #23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel , #36 MOTION to Appoint Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Memorandum of Law in Opposition to Competing Motions for Appointment as Lead Plaintiff filed by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Hanger, Kevin) |
| Filing 62 RESPONSE to Motion re #21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof, #27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof, #36 MOTION to Appoint, #23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel , #31 MOTION to Appoint Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel, #34 MOTION to Appoint, #33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (Beyers, Maureen) |
| Filing 61 MOTION to Reassign Case (Motion to Transfer Related Case) by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Beyers, Maureen) |
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Filing 60
ORDER pursuant to General Order 09-08 granting #52 Motion for Admission Pro Hac Vice; granting #53 Motion for Admission Pro Hac Vice; granting #54 Motion for Admission Pro Hac Vice; granting #55 Motion for Admission Pro Hac Vice; granting #56 Motion for Admission Pro Hac Vice; granting #57 Motion for Admission Pro Hac Vice; granting #58 Motion for Admission Pro Hac Vice; granting #59 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 59 MOTION for Admission Pro Hac Vice as to attorney Mark Solomon on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| Filing 58 MOTION for Admission Pro Hac Vice as to attorney Danielle S Myers on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| Filing 57 MOTION for Admission Pro Hac Vice as to attorney Jason A Forge on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| Filing 56 MOTION for Admission Pro Hac Vice as to attorney Michael Dowd on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| Filing 55 MOTION for Admission Pro Hac Vice as to attorney Luke Brooks on behalf of British Coal Staff Superannuation Scheme, and Mineworkers' Pension Scheme. (BAS) |
| Filing 54 MOTION for Admission Pro Hac Vice as to attorney Peter S Linden on behalf of Wayne County Employees' Retirement System. (BAS) |
| Filing 53 MOTION for Admission Pro Hac Vice as to attorney Ira M Press on behalf of Wayne County Employees' Retirement System. (BAS) |
| Filing 52 MOTION for Admission Pro Hac Vice as to attorney Edward M Varga III on behalf of Wayne County Employees' Retirement System. (BAS) |
| Filing 51 RESPONSE to Motion re #21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof, #27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof, #36 MOTION to Appoint, #23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel , #34 MOTION to Appoint, #33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL Johnny Hyldmar's Response to Competing Motions for Appointment as Lead Plaintiff filed by Johnny Hyldmar. (Watson, Daxton) |
| Filing 50 MOTION for Admission Pro Hac Vice as to attorney RICHARD W. GONNELLO by Mark Smilovits. (Gonnello, Richard) |
| Filing 49 RESPONSE to Motion re #23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel filed by George Conway, Raymond W O'Brien, Mark Smilovits, Vikean Limited. (Lieberman, Jeremy) |
| Filing 48 Joinder re #44 Response in Opposition to Motion, #20 MOTION to Reassign Case (Motion to Transfer Related Cases) [Plaintiff Kathleen Morris' Joinder in Support of Plaintiff Britt Nederhood's Opposition to Defendants' Motion to Transfer Under Local Rule 42.1(a)] by Interested Party Kathleen Morris. (Sams, Ex Kano) |
| Filing 47 RESPONSE to Motion re #21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof filed by Mark Smilovits. (Wotkyns, Garrett) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX122652 as to Ira Michael Press. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX122651 as to Edward M Varga, III. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX122653 as to Peter S Linden. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 300, receipt number PHX122654 as to Daniel S Drosman, Mark Solomon, Danielle S Myers, Jason A Forge, Michael J Dowd, Luke Brooks. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 46 MOTION for Admission Pro Hac Vice as to attorney Daniel S. Drosman by British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Drosman, Daniel) |
| Filing 45 Joinder re #44 Response in Opposition to Motion, #20 MOTION to Reassign Case (Motion to Transfer Related Cases) Clifford Tindall's Joinder in Support of Plaintiff Britt Nederhood's Opposition to Defendants' Motion to Transfer by Interested Party Clifford Tindall filed by Clifford Tindall. (Aguilar, George) |
| Filing 44 RESPONSE in Opposition re #20 MOTION to Reassign Case (Motion to Transfer Related Cases) filed by Britt Nederhood. (Attachments: #1 Affidavit Declaration of Keith Cochran, #2 Exhibit Exhibit 1 to Cochran Declaration, #3 Exhibit Exhbit 2 to Cochran Declaration)(Robinovitch, Hart) |
| Filing 43 MOTION to Reassign Case (Motion to Transfer Related Case) by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Beyers, Maureen) |
| Filing 42 RESPONSE to Motion re #21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof, #36 MOTION to Appoint, #23 MOTION to Appoint Lead Plaintiff and Lead Counsel MOTION to Appoint Counsel , #31 MOTION to Appoint Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel, #34 MOTION to Appoint, #33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL filed by Erste-Sparinvest Kapitalanlagegesellschaft mbH, Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund. (Ward, Samuel) |
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Filing 41
ORDER pursuant to General Order 09-08 granting #40 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 40 MOTION for Admission Pro Hac Vice as to attorney Salvatore J Graziano on behalf of New York State Teachers' Retirement System. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX122245 as to Salvatore J Graziano. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 39
ORDER pursuant to General Order 09-08 granting #25 Motion for Admission Pro Hac Vice; granting #26 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 38 NOTICE of Errata re #34 MOTION Appointment as Lead Plaintiff Motion of Wayne County Employees' Retirement System for Appointment as Lead Plaintiff, and Approval of its Selection of Counsel by Movant Wayne County Employees' Retirement System. (Attachments: #1 Declaration of Edward M. Varga, #2 Exhibit Exhibits A - C of Declaration, #3 Exhibit Exhibit D of Declaration)(Gottfredson, Bryan) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX122104 as to Samuel M Ward. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX122105 as to Stephen Richard Basser. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 37 MEMORANDUM in Support of #36 MOTION to Appoint Counsel Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Motion for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel by Movants British Coal Staff Superannuation Scheme, Mineworkers' Pension Scheme. (Attachments: #1 Exhibit 1 (with Exhibit Index), #2 Exhibit 2, #3 Exhibit 3)(Hanger, Kevin) |
| Filing 36 *MOTION to Appoint as Lead Plaintiff Mineworkers' Pension Scheme and British Coal Staff Superannuation Scheme's Motion for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead Counsel by Mineworkers' Pension Scheme, British Coal Staff Superannuation Scheme. (Attachments: #1 Text of Proposed Order)(Hanger, Kevin) *Modified to correct Motion type on 5/16/2012 (LFIG). |
| Filing 35 DECLARATION of J. JAMES CHRISTIAN re #33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL by Movant New York State Teachers' Retirement System ("NYSTRS"). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Christian, Jeremy) |
| Filing 34 *MOTION Appointment as Lead Plaintiff Motion of Wayne County Employees' Retirement System for Appointment as Lead Plaintiff, and Approval of its Selection of Counsel by Wayne County Employees' Retirement System. (Attachments: #1 Exhibit Declaration, #2 Exhibit Exhibits A-C to Declaration, #3 Exhibit Exhibit D to Declaration, #4 Exhibit Order)(Gottfredson, Bryan) *Modified to correct Motion type on 5/16/2012 (LFIG). |
| Filing 33 MOTION to Appoint LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL by New York State Teachers' Retirement System ("NYSTRS"). (Attachments: #1 Text of Proposed Order)(Christian, Jeremy) |
| Filing 32 DECLARATION of Gregory M. Monaco In Support Of Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel by Plaintiff Johnny Hyldmar. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Watson, Daxton) |
| Filing 31 MOTION to Appoint Johnny Hyldmar's Motion For Appointment As Lead Plaintiff And Approval Of His Selection Of Lead And Liaison Counsel by Johnny Hyldmar. (Attachments: #1 Text of Proposed Order)(Watson, Daxton) |
| Filing 30 CERTIFICATE OF SERVICE by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund re #27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof, #25 MOTION for Admission Pro Hac Vice as to attorney Stephen R. Basser , #26 MOTION for Admission Pro Hac Vice as to attorney Samuel M. Ward , #29 Additional Attachments to Main Document, #28 Declaration,, (Ward, Samuel) |
| Filing 29 Additional Attachments to Main Document re #28 Declaration,, by Movants Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund. (Attachments: #1 Exhibit 11, #2 Exhibit 12)(Ward, Samuel) |
| Filing 28 DECLARATION of Samuel M. Ward re #27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof filed by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Ward, Samuel) |
| Filing 27 MOTION to Appoint Counsel Motion of Global Institutional Investors Group for Appointment as Lead Plaintiff and Appointment of Lead Counsel and Memorandum of Points and Authorities in Support Thereof by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund. (Attachments: #1 Text of Proposed Order)(Ward, Samuel) |
| Filing 26 MOTION for Admission Pro Hac Vice as to attorney Samuel M. Ward by Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Louisiana Municipal Police Employees Retirement System, Oakland County Employees Retirement System, Wiltshire Pension Fund. (Ward, Samuel) |
| Filing 25 MOTION for Admission Pro Hac Vice as to attorney Stephen R. Basser by Oakland County Employees Retirement System, Louisiana Municipal Police Employees Retirement System, Wiltshire Pension Fund, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H.. (Basser, Stephen) |
| Filing 24 DECLARATION of Jeremy A. Lieberman In Support of Conway's, O'Brien's, Smilovits' and Vikean Ltd.'s (the "First Solar Investors Group") motion to be appointed Leead Plaintiff and Approval of Lead Counsel and Liaison Counsel filed by George Conway, Raymond W O'Brien, Mark Smilovits, Vikean Ltd.. (Attachments: #1 Exhibit A, Press Releases, #2 Exhibit B, Certifications, #3 Exhibit C, Joint Declaration, #4 Exhibit D, chart, #5 Exhibit E, Pomerantz Haudek Grossman & Gross firm resume, #6 Exhibit F, Martin & Bonnett firm resume)(Lieberman, Jeremy) |
| Filing 23 MOTION to Appoint Lead Plaintiff and Lead Counsel , MOTION to Appoint Counsel by Mark Smilovits, Raymond W O'Brien, George Conway, Vikean Ltd.. (Attachments: #1 Text of Proposed Order)(Lieberman, Jeremy) |
| Filing 22 DECLARATION of Joseph P. Guglielmo in Support of Motion of the Retirement Funds Group for Appointment as Lead Plaintiff and for Approval of Its Selection of Lead Counsel re #21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof by Plaintiff Mark Smilovits. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Wotkyns, Garrett) |
| Filing 21 MOTION to Appoint Counsel as Lead Plaintiff and for Approval of Selection of Scott+Scott LLP as Lead Counsel and Memorandum of Law in Support Thereof by Mark Smilovits. (Attachments: #1 Text of Proposed Order Proposed Order Appointing Retirement Funds Group as Lead Plaintiff and Approving Its Choice of Lead and Liaison Counsel)(Wotkyns, Garrett) |
| Filing 20 MOTION to Reassign Case (Motion to Transfer Related Cases) by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (Attachments: #1 Exhibit A, #2 Exhibit B)(Beyers, Maureen) |
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Filing 19
ORDER pursuant to #18 Stipulation: Defendants' counsel will accept service of the complaint on behalf of all Defendants; Defendants will not be required to answer or otherwise respond to the complaint previously filed in this action; the parties shall meet and confer about the timing to file an amended complaint and responses thereto within 7 days of the order appointing lead counsel; motions for appointment as lead counsel due on or before 5/15/2012. Signed by Judge David G Campbell on 5/1/2012. (NVO)
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| Remark as to out of state counsel Marc I Gross and Peretz Bronstein - removed for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 18 *STIPULATION for Extension of Time to Answer the Complaint Re Deadlines by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (Attachments: #1 Text of Proposed Order)(Beyers, Maureen) *Modified to correct event type on 4/30/2012 (TLJ). |
| Filing 17 Corporate Disclosure Statement by Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (Beyers, Maureen) |
| Filing 16 NOTICE of Appearance by Maureen Beyers on behalf of Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (Beyers, Maureen) |
| Filing 15 *NOTICE of Appearance by Anna Erickson White and Jordan Eth on behalf of Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (White, Anna) *Modified to add additional attorney to docket text on 4/30/2012 (TLJ). |
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Filing 14
ORDER pursuant to General Order 09-08 granting #12 Motion for Admission Pro Hac Vice; granting #13 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 13 MOTION for Admission Pro Hac Vice as to attorney Anna Erickson White on behalf of First Solar Incorporated. (BAS) |
| Filing 12 MOTION for Admission Pro Hac Vice as to attorney Jordan Eth on behalf of First Solar Incorporated. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX120954 as to Anna Erickson White. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX120955 as to Jordan Eth. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 11
ORDER pursuant to General Order 09-08 granting #10 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 10 MOTION for Admission Pro Hac Vice as to attorney Jeremy A. Lieberman by Mark Smilovits. (Attachments: #1 Certificate of Good Standing)(Lieberman, Jeremy) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX120653 as to Jeremy A Lieberman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 9
ORDER pursuant to General Order 09-08 granting #8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 8 MOTION for Admission Pro Hac Vice as to attorney Patrick V Dahlstrom on behalf of Mark Smilovits. (BAS) |
| Filing 7 SUMMONS Returned Executed by Mark Smilovits. Michael J Ahearn served on 4/2/2012. (Martin, Susan) |
| Filing 6 *SUMMONS Returned Executed by Mark Smilovits. Mark R Widmar served on 4/2/2012. (Martin, Susan) *Modified to reflect case caption omitted from document on 4/3/2012 (TLJ). |
| Filing 5 *SUMMONS Returned Executed by Mark Smilovits. First Solar Incorporated served on 4/2/2012. (Martin, Susan) *Modified to reflect document submitted without the case caption on 4/3/2012 (TLJ). |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX210569 as to Patrick V Dahlstrom. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 4 Summons Issued as to Michael J Ahearn, First Solar Incorporated, Robert J Gillette, Jens Meyerhoff, Mark R Widmar, James Zhu. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number PHX 0970-6523903. This case has been assigned to the Honorable David G. Campbell. All future pleadings or documents should bear the correct case number: CV 12-00555-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 2 SUMMONS Submitted by Mark Smilovits (submitted by Susan Martin). (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(REK) |
| Filing 1 COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-6523903, filed by Mark Smilovits (submitted by Susan Martin). (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(REK) |
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