Carmona v. Apollo Group Inc, et al
| Christopher Carmona |
| Unknown Gonzales, Apollo Group Incorporated, Unknown Bachus, Daniel Bachus, Kenda Gonzales, Unknown Nelson and Todd S Nelson |
| New England Health Care Employees Pension Fund and Pontiac Policemen's and Firemen's Retirement System, City of |
| 2:2004cv02204 |
| October 18, 2004 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| James A Teilborg |
| Contract: Stockholders Suits |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 21, 2012. A more recent docket listing may be available from PACER.
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| Remark: Appeal filed in Lead Case CV 04-2147 PHX-JAT, (Doc. 774) on 5/21/2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LSP) |
Filing 47
FINAL APPROVAL ORDER AND JUDGMENT granting 739 the Parties' Motion for Final Approval of the Class Action Settlement and Entry of Final Judgment and Order of Dismissal; granting 730 Plaintiff's Stipulation and Agreement regarding Final Approval Order and Judgment; granting 740 Plaintiff's Motion for Attorney Fees; and granting 747 Defendants' Motion to Vacate Judgment. The Clerk shall vacate 695 this Court's Judgment of April 6, 2011. Pursuant to (Doc. 770) Judgment filed in Lead Case CV 04-2147 PHX-JAT on April 20, 2012. Signed by Judge James A Teilborg on 4/20/12. (LSP) Modified on 4/20/2012 (LSP).
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| Filing 46 Mail Returned as Undeliverable. Mail sent to Lesley E Weaver. Reason for return: Attempted - Not Known. Document number 45. (JRD) |
| Filing 45 Minute Order: Per Doc. #43 , Civil Case Terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SAT) |
| Filing 44 Mail Returned as Undeliverable. Mail sent to Lesley E Weaver. Reason for return: Insufficient Address, Unable to Forward. Document numbers 42 and 43. (JRD) |
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Filing 43
VACATED by (Doc. 47). JUDGMENT - IT IS ORDERED AND ADJUDGED that judgment is hereby entered in favor of Lead Plaintiff/Class Representative Policemen's Annuity and Benefit Fund of Chicago, on behalf of itself and the following Class: (see document for details). FURTHER ORDERED AND ADJUDGED that said judgment shall be in an amount up to $5.55 per share, subject to the limitations of 15 U.S.C. 78u-4(e) (the 90-day period therein commencing on 9/21/2004), for each share of Apollo stock purchased during the Class Period and held through 9/21/2004, plus prejudgment interest from the date of each such purchase at a rate equal to the weekly average 1-year constant maturity Treasury yield, for the calendar week preceding the date of such purchase, compounded annually, until paid in full; FURTHER ORDERED AND ADJUDGED that taxable costs in this action shall be awarded to Lead Plaintiff/Class Representative and its counsel; FURTHER ORDERED AND ADJUDGED that post-judgment interest shall accrue on the principal, prejudgment interest, and costs awarded in this judgment from the date of entry of this judgment until paid in full, at the rate established under 28 U.S.C. 1961, compounded annually; FURTHER ORDERED AND ADJUDGED that said judgment is hereby entered jointly and severally against Defendants Apollo Group, Inc., Todd S. Nelson, and Kenda B. Gonzales; FURTHER ORDERED AND ADJUDGED that, for purposes of developing an appropriate claims procedure and plan of allocation, this Court shall retain jurisdiction over the claims procedure as well as the nature and amount of the distribution to be made to those members of the Class who file valid claims; IT IS FINALLY ORDERED AND ADJUDGED that the Court shall retain jurisdiction over any award to Lead Plaintiff/Class Representative and its counsel of attorneys' fees and nontaxable costs in this action. Signed by Judge James A Teilborg on 4/6/11. (SAT) Modified on 4/20/2012 (LSP).
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Filing 42
ORDER - IT IS HEREBY ORDERED that Lead Plaintiff/Class Representative Policemen's Annuity and Benefit Fund of Chicago's Application for Entry of Judgment (Dkt. 688) is GRANTED. Entry of judgment in the form previously entered on 1/30/2008, will follow shortly. FURTHER ORDERED that the portion of the Minute Entry (Dkt. 560) and the Order (Dkt. 561 ) granting Defendant Apollo Group Inc's Motion for Judgment as a Matter of Law; the Clerks Judgment (Dkt. 562) in favor of Defendants; and the Taxation of Costs Order (Dkt. 668 ) against Plaintiffs are hereby VACATED. Signed by Judge James A Teilborg on 4/6/11. (SAT)
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| Filing 41 VACATED by Doc. 42 - CLERK'S JUDGMENT - IT IS HEREBY ORDERED, ADJUDGED AND DECREED that pursuant to this Court's Order filed August 4th 2008, judgment is entered in favor of the Defendants and against Plaintiffs. This action is terminated. Signed on 8/4/08. (KMG) Modified on 4/6/2011 (SAT). |
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Filing 40
ORDER that Apollo's Motion for Judgment as a Matter of Law (Doc. #524 in Lead Case CV 04-2147-PHX-JAT) is GRANTED; FURTHER ORDERED that Apollo's Motion for New Trial (Doc. # 523) is DENIED; FURTHER ORDERED that, for the reasons stated on the record at the motion hearing held on August 4, 2008: (1) PABF's Motion to Amend the Judgment (Doc. # 521) is DENIED; (2) Apollo's Motion to Correct the Trial Record (Doc. # 550) is GRANTED IN PART AND DENIED IN PART; and (3) Apollo's Motion for Remittitur (Doc. # 525) is DENIED; FURTHER ORDERED that the Clerk of the Court shall vacate the judgment at Doc. # 508 (Lead case) and the award of costs at Doc. # 553, and shall enter judgment in favor of Defendants and against Plaintiffs. Signed by Judge James A Teilborg on 8/4/08. (KMG)
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| Filing 39 REPLY in Support re #37 MOTION to Amend/Correct re Order Of Consolidation And To Dismiss Non-Lead Matters filed by Apollo Group Inc, Todd S Nelson, Kenda Gonzales. (Diulio, Kristopher) |
| Filing 38 Notice re Filing Bond by Apollo Group Inc, Todd S Nelson, Kenda Gonzales (Attachments: #1 Exhibit)(Diulio, Kristopher) |
| Filing 37 MOTION to Amend/Correct re Order Of Consolidation And To Dismiss Non-Lead Matters by Apollo Group Inc, Todd S Nelson, Kenda Gonzales. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Diulio, Kristopher) |
| Filing 36 MOTION for Judgment As A Matter Of Law Pursuant To Rule 50(B); For New Trial Pursuant To Rule 59; and for Remittitur by Apollo Group Inc, Todd S Nelson, Kenda Gonzales. (Diulio, Kristopher) |
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Filing 35
*** DOCUMENT VACATED PER COURT ORDER #561 in LEAD CASE CV 04-2147-PHX-JAT FILED ON 8/4/08 *** JUDGMENT in favor of City of Pontiac Policemen's and Firemen's Retirement System against Apollo Group Inc, Kenda Gonzales, Todd S Nelson: IT IS FURTHER ORDERED AND ADJUDGED that said judgment shall be in an amount up to $5.55 per share, for each share of Apollo stock purchased during the Class Period and held through September 21, 2004, plus prejudgment interest from the date of each such purchase at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of such purchase, compounded annually, until paid in full; IT IS FURTHER ORDERED AND ADJUDGED that taxable costs in this action shall be awarded to Lead Plaintiff/Class Representative and its counsel in accordance with FederalRule of Civil Procedure 54 and Local Rule of Civil Procedure 54.1;IT IS FURTHER ORDERED AND ADJUDGED that post-judgment interest shallaccrue on the principal, prejudgment interest, and costs awarded in this judgment from the date of entry of this judgment until paid in full, at the rate established under 28 U.S.C. 1961, compounded annually;IT IS FURTHER ORDERED AND ADJUDGED that said judgment is hereby entered jointly and severally against Defendants Apollo Group, Inc., Todd S. Nelson, and Kenda B. Gonzales; IT IS FURTHER ORDERED AND ADJUDGED that, for purposes of developing an appropriate claims procedure and plan of allocation, this Court shall retain jurisdiction over the claims procedure as well as the nature and amount of the distribution to be made to those members of the Class who file valid claims; IT IS FURTHER ORDERED AND ADJUDGED that the Court shall retain jurisdiction over any award to Lead Plaintiff/Class Representative and its counsel of attorneys' fees and nontaxable costs in this action.. Signed by Judge James A Teilborg on 01/30/08.. Signed by Judge James A Teilborg on 01/30/08. (DNH) Modified on 8/5/2008 (KMG, ).
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Filing 34
For the reasons stated at Doc. Nos. 58 and 61 in Case No. 04-2147-PHX-JAT, IT IS ORDERED denying as moot Doc. # 24, Motion to consolidate cases and for apointment as lead plaintiff; IT IS FURTHER ORDERED denying as moot Doc. # 29 Motion for leave to file reply brief. Entered by Judge James A Teilborg on 09/27/2005. (JAT, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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ORDER by Judge James A. Teilborg granting motion to exceed the page limit for doc(s) dfts' motion to dismiss; granting motion to extend time for briefing schedule on Motion to (cc: all counsel) (SRB)
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| Filing 33 LEAD PLAINTIFF'S CONSOLIDATED CLASS ACTION COMPLAINT by pla Policeman's Annuity; jury demand [1-1] (KMG) |
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ORDER by Judge James A. Teilborg that the Motion to Appoint the Policeman's Annuity and Benefit Fund of Chicago as Lead Plaintiff and to Approve its Choice of Counsel by movant Policeman's Annuity [19-1] is GRANTED; FURTHER ORDERED that the New England Health Care Employees Pension Fund and City of Pontiac Policeman's and Fireman's Retirement System's Motion for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead and Liaison Counsel by movant New England Health, movant City of Pontiac Poli [25-2] is DENIED; FURTHER ORDERED that the Motion of Miami Beach Unclassified for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel by movant Retirement System [22-2] is DENIED; FURTHER ORDERED that Lead Plaintiff shall file a consolidated complaint within 30 days from the date of this order; FURTHER ORDERED the Defendnat shall have 30 days to answer or otherwise respond to the consolidated complaint; FURTHER ORDERED that if a Motion to Dismiss is filed, Lead Plaintiff shall have 10 days to respond and Defendant shall have 5 days to reply (cc: all counsel) (SAT)
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| Pro Hac Vice $100.00 Fee Paid as to Ramzi Abadou in 2:04-cv-02334, Ramzi Abadou in 2:04-cv-02147, Ramzi Abadou in 2:04-cv-02204 (BAS) |
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Filing 32
ORDER by Judge James A. Teilborg granting motion to consolidate cases CV04-2147-PHX-NVW, CV04-2204-PHX-EHC and CV04-2334-PHX-LCR by movant [24-1] Case consolidated , Case reassigned to Judge James A. Teilborg (with notice sent) (cc: all counsel) (SAT) (ADI-ICMS, ).
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| Filing 31 DECLARATION of Ramzi Abadou by movant New England Health, movant City of Pontiac Poli in support of opposition to the motion to strike the response to the reply brief in support of the motion to appoint the Policemen's Annuity and Benefit Fund of Chicago as lead pla and to approve its choice of lead counsel (CMM) |
| Filing 30 RESPONSE IN OPPOSITION by dft Jane Doe Bachus, movant New England Health to the motion to strike the response to the reply brief in support of the motion to appoint the Policemen's Annuity and Benefit Fund of Chicago as lead pla and to approve its choice of lead counsel (motion to strike filed in CV-04-2147-PHX-JAT) (CMM) |
| Filing 29 MOTION for leave to file January 14, 2005 response to the reply brief in support of the motion to appoint the Policemen's Annuity and Benefit Fund of Chicago as lead pla and to approve its choice of lead counsel by movant New England Health, movant City of Pontiac Poli [29-1] (no documents submitted) (CMM) |
| Filing 28 NOTICE by movant New England Health, movant City of Pontiac Poli of supplemental authority (DMT) |
| Filing 27 RESPONSE by movant New England Health to reply brief in support of motion for appointment and approval of lead pla's selection as lead liaison counsel by movant New England Health, movant City Pontiac Poli [24-2] [24-2], to motion and appointment as lead pla by movant New England Health, movant City of Pontiac Poli [24-3] (DMT) |
| Filing 26 AFFIDAVIT of Robert D Mitchell in support of motion to consolidate cases CV04-2147-PHX-NVW, CV04-2204-PHX-EHC and CV04-2334-PHX-LCR by movant [24-1], in support of motion for appointment and approval of lead pla's selection as lead and liaison counsel by movant New England Health, movant City of Pontiac Poli [24-2], in support of motion and appointment as lead pla by movant New England Health, movant City of Pontiac Poli [24-3] by movant New England Health, movant City of Pontiac Poli (DMT) |
| Filing 25 MEMORANDUM IN SUPPORT by movant New England Health, movant City of Pontiac Poli of motion to consolidate cases CV04-2147-PHX-NVW, CV04-2204-PHX-EHC and CV04-2334-PHX-LCR by movant [24-1], motion for appointment and approval of lead pla's selection as lead and liaison counsel by movant New England Health, movant City of Pontiac Poli [24-2], motion and appointment as lead pla by movant New England Health, movant City of Pontiac Poli [24-3] (DMT) |
| Filing 24 MOTION to consolidate cases CV04-2147-PHX-NVW, CV04-2204-PHX-EHC and CV04-2334-PHX-LCR by movant [24-1] , for appointment and approval of lead pla's selection as lead and liaison counsel by movant New England Health, movant City of Pontiac Poli [24-2] , and appointment as lead pla by movant New England Health, movant City of Pontiac Poli [24-3] (DMT) |
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Filing 23
ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Ramzi Abadou, atty for pla Christopher Carmona [21-1] (cc: all counsel) (DMT) (ADI-ICMS, ).
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| Pro Hac Vice $100 Fee Paid as to Ramzi Abadou (BAS) Modified on 04/01/2005 |
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Filing 22
ORDER by Judge Earl H. Carroll vacating the prel scheduling conf of 12/13/04 (cc: all counsel) (DMT) (ADI-ICMS, ).
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| Filing 21 MOTION for admission pro hac vice as to Ramzi Abadou, atty for pla Christopher Carmona [21-1] (DMT) |
| REMARK as to Christopher Carmona re atty Darren J Robbins Lerach Coughlin Stoia Geller Rudman & Robbins LLP 401 B St Ste 1700 San Diego CA 92101 removed from database for noncompliance w/admission deadline of 11/18/04 pty represented by other admitted counsel (BAS) |
| Filing 20 WAIVER(Acceptance) of Service of summons and complaint upon dft Apollo Group Inc, dft Todd S Nelson, dft Jane Doe Nelson, dft Kenda Gonzales, dft Jane Doe Gonzales, dft Daniel Bachus, dft Jane Doe Bachus ; waiver sent on 11/15/04 (SRB) |
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Filing 19
ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to William S. Lerach, atty for pla Christopher Carmona [16-1] (cc: all counsel) (KCS) (ADI-ICMS, ).
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Filing 18
ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Patrick J. Coughlin, atty for pla Christopher Carmona [15-1] (cc: all counsel) (KCS) (ADI-ICMS, ).
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Filing 17
ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Lesley Weaver, atty for pla [14-1] (cc: all counsel) (DMT) (ADI-ICMS, ).
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| Pro Hac Vice $25 Fee Paid as to Patrick Joseph Coughlin (BAS) |
| Pro Hac Vice $25 Fee Paid as to Lesley E Weaver (BAS) |
| Pro Hac Vice $25 Fee Paid as to Jared M Toffer (BAS) |
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Filing 13
ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Jared M Toffer, atty for dft Apollo Group Inc, dft Todd S Nelson, dft Kenda Gonzales, dft Daniel Bachus [4-1] (cc: all counsel) (DMT) (ADI-ICMS, ).
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Filing 12
ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Elizabeth Brem, atty for dft Apollo Group Inc, dft Todd S Nelson, dft Kenda Gonzales, dft Daniel Bachus [5-1] (cc: all counsel) (DMT) (ADI-ICMS, ).
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Filing 11
ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Robert Palmer, atty for dft Apollo Group Inc, dft Todd S Nelson, dft Kenda Gonzales, dft Daniel Bachus [6-1] (cc: all counsel) (DMT) (ADI-ICMS, ).
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Filing 10
ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Wayne Smith, atty for dft Apollo Group Inc, dft Todd S Nelson, dft Kenda Gonzales, dft Daniel Bachus [7-1] (cc: all counsel) (DMT) (ADI-ICMS, ).
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Filing 9
ORDER by Judge Earl H. Carroll granting motion for admission pro hac vice as to Marc Umeda, atty for pla [8-1] (cc: all counsel) (DMT) (ADI-ICMS, ).
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| Filing 7 MOTION for admission pro hac vice as to Wayne Smith, atty for dft Apollo Group Inc, dft Todd S Nelson, dft Kenda Gonzales, dft Daniel Bachus [7-1] (DMT) |
| Pro Hac Vice $25 Fee Paid as to William Shannon Lerach (BAS) |
| Filing 16 MOTION for admission pro hac vice as to William S. Lerach, atty for pla Christopher Carmona [16-1] (KCS) |
| Filing 15 MOTION for admission pro hac vice as to Patrick J. Coughlin, atty for pla Christopher Carmona [15-1] (KCS) |
| Filing 14 MOTION for admission pro hac vice as to Lesley Weaver, atty for pla [14-1] (DMT) |
| Filing 8 MOTION for admission pro hac vice as to Marc Umeda, atty for pla [8-1] (DMT) |
| Filing 6 MOTION for admission pro hac vice as to Robert Palmer, atty for dft Apollo Group Inc, dft Todd S Nelson, dft Kenda Gonzales, dft Daniel Bachus [6-1] (DMT) |
| Filing 5 MOTION for admission pro hac vice as to Elizabeth Brem, atty for dft Apollo Group Inc, dft Todd S Nelson, dft Kenda Gonzales, dft Daniel Bachus [5-1] (DMT) |
| Filing 4 MOTION for admission pro hac vice as to Jared M Toffer, atty for dft Apollo Group Inc, dft Todd S Nelson, dft Kenda Gonzales, dft Daniel Bachus [4-1] (DMT) |
| Pro Hac Vice $25 Fee Paid as to Robert E Palmer (BAS) |
| Pro Hac Vice $25 Fee Paid as to Elizabeth A Brem (BAS) |
| Pro Hac Vice $25 Fee Paid as to Wayne Warren Smith (BAS) |
| Pro Hac Vice $25 Fee Paid as to Marc M Umeda (BAS) |
| Filing 3 STIPULATION to extend time for 60 days from date Court rules on pla's motion to consolidate and appoint lead pla and lead counsel for a consolidated complaint to be filed and giving dfts 60 days after the filing and service of consolidated complaint in which to answer by pla, dfts (DMT) |
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Filing 2
ORDER by Judge Earl H. Carroll ; prel scheduling conf set for 9:45 12/13/04 (cc: all counsel) (DMT) (ADI-ICMS, ).
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| Filing 1 COMPLAINT FILED (JIR) |
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