In Re: Daimler, et al, et al
STANLEY P. KOPS, P.C. 401(K) PROFIT SHARING PLAN, on behalf of itself and all similarly situated persons, DENVER EMPLOYEE RETIREMENT PLAN, POLICEMENS ANNUITY AND BENEFIT FUND OF CHICAGO, MUNICIPAL EMPLOYEES ANNUITY AND BENEFIT FUND OF CHICAGO, STATE BOARD ADMINISTRATION FLORIDA, DAVID ROSENBERG, ELLEN SPORN, on behalf of herself and all others similarly situated, SARA GRUNBAUM, ZUCKER ASSOCIATES INC, on behalf of itself and all similarly situated persons, BARBARA S. SIMON, NORMAN SALSITZ, on behalf of themselves and all others similarly situated, GEORGE WHITNEY, LILLIAN BOYS, PHIL W. HORVATH, on behalf of himself and all similarly situated persons, S. JERRY HIRSCHBERG, on behalf of himself and all others similarly situated, DEBORAH GRAIFMAN, DONALD KATZ, LOY LOWARY, EITZ CHAIM FOUNDATION, on behalf of itself and all others similarly situated, DAVID B. MUSTIN REVOCABLE LIVING TRUST, IAN PRAVDA, on behalf of himself and all others similarly situated, JAMES F. UEHLEIN, MICHAEL S. MYERS, ROBERT SATZ, GLICKENHAUS & CO, a New York limited partnership, GLICKENHAUS FUND LP, a New York limited partnership, GLICKENHAUS FOUNDATION, a New York corporation, DELPHI FUND LLC, a New York limited liability company, DORCHESTER INVESTORS, a New York general partnership, MILLENNIUM FUND LP, a New York limited partnership, PEGASUS FUND LLC, a New York limited partnership, SPECTRUM FUND LP, a New York limited partnership, JAMES GLICKENHAUS, individually and as custodian of Jesse Cameron-Glickenhaus and Veronica Cameron-Glickenhaus, NANCY PIER, as custodian of Emily Blake Pier and Katherine Pier, HOWARD JOSEPHS, on behalf of himself and all others similarly situated, LAWRENCE G. BEMBAS, PATRICK J. FLANAGAN, on behalf of himself and all others similarly situted and BRYNA THISTLEHWAITE, on behalf of herself and all similarly situated persons |
TRACINDA CORP, a Nevada corporation |
DAIMLERCHRYSLER AG, a Federal Republic of Germany corporation, DAIMLER BENZ AG, a Federal Republic of Germany corporation, JURGEN SCHREMPP, a citizen of the Federal Republic of Germany, MANFRED GENTZ, a citizen of the Federal Republic of Germany and HILMAR KOPPER, a citizen of the Federal Republic of Germany |
05-2363 |
May 3, 2005 |
U.S. Court of Appeals, Third Circuit |
Securities, Commodities, Exchange |
Docket Report
This docket was last retrieved on October 10, 2007. A more recent docket listing may be available from PACER.
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MANDATE ISSUED, filed. (AWI) [Entered: 10/10/2007 09:59 AM] |
PRECEDENTIAL OPINION (Rendell, Chagares and Roth, Authoring Judge, Circuit Judges), filed. Judge Rendell filed a Dissenting Opinion. (AWI) [Entered: 09/18/2007 09:24 AM] |
JUDGMENT, The Judgment of the District Court dated 4/7/05 is Affirmed. The Order of the District Court dated 11/19/03 and 4/20/05 are Affirmed. The appeals taken from the orders of the District Court dated 3/5/03 and 6/25/03 are Denied as Moot, filed. (AWI) [Entered: 09/18/2007 09:26 AM] |
Certified copy of order in 05-2363 and 05-2482 to Lower Court. (AWI) [Entered: 08/24/2007 11:34 AM] |
ORDER (Clerk) It is hereby ordered that the caption in No. 05-2363 be amended to read as follows: TRACINDA CORPORATION, Appellant v. DAIMLERCHRYSER AG, a Federal Republic of Germany Corporation; DAIMLER-BENZ AG, a Federal Republic of Germany Corporation; JURGEN SCHREMPP, a citizen of the Federal Republic of Germany; MANFRED GENTZ, a citizen of the Federal Republic of Germany; HILMAR KOPPER, a citizen of the Federal Republic of Germany, filed. (AWI) [Entered: 08/24/2007 11:31 AM] |
ARGUED Tuesday, September 26, 2006 Panel: Rendell, Chagares, and Roth, Circuit Judges. Counsel for Appellant/Cross Appellee: Terry N. Christensen and Counsel for Appellees/Cross Appellants: Jonathan J. Lerner (DaimlerChrysler, et al.) and Jerry A. Barist (Hilmar Kopper, etc.) (CLT) [Entered: 09/26/2006 11:30 AM] |
CALENDARED for Tuesday, September 26, 2006. (CLT) [Entered: 06/28/2006 08:54 AM] |
HARD COPY RECEIVED from Appellees/Cross-Appellants DaimlerChrysler AG, Daimler Benz AG, Jurgen Schrempp and Manfred Gentz in 05-2363 and 05-2482 (10cc of 4th Step). (GPK) [Entered: 05/02/2006 08:58 AM] |
ELECTRONIC 4TH STEP BRIEF on behalf of Appellees/Cross- Appellants DaimlerChrysler AG, Daimler Benz AG, Jurgen Schrempp and Manfred Gentz in 05-2363 and 05-2482. Copies: 1. Delivered by mail, filed. Certificate of service date 4/28/06. (LAL) [Entered: 05/01/2006 11:06 AM] |
HARD COPY RECEIVED of 3rd step reply brief from Appellant/Cross-Appelle Tracinda Corp in 05-2363 and 05-2482, Copies: 10. (MCW) [Entered: 04/13/2006 03:25 PM] |
ELECTRONIC 3RD STEP BRIEF on behalf of Appellant/Cross-Appellee Tracinda Corp in 05-2363 and 05-2482. Copies: 1. Delivered by mail, filed. Certificate of service date 4/11/06. (MCW) [Entered: 04/13/2006 03:21 PM] |
Request by Appellees/Cross-Appellants in 05-2363 and 05-2482 for Oral Argument and Response to Appellant/ Cross-Appellee's Request for Oral Argument, filed. SEND TO MERITS PANEL. (AWI) [Entered: 03/30/2006 12:00 PM] |
Request by Appellee Hilmar Kopper for Oral Argument, filed. SEND TO MERITS PANEL. (AWI) [Entered: 03/30/2006 11:53 AM] |
WITHDRAW OF APPEARANCE: attorney Natalie J. Haskins for Appellant Tracinda Corp withdrawing appearance. (AWI) [Entered: 03/16/2006 03:00 PM] |
Request by Appellant/Cross-Appellee in 05-2363 and 05-2482 for Oral Argument, filed. SEND TO MERITS PANEL. (AWI) [Entered: 03/17/2006 02:11 PM] |
HARD COPY RECEIVED from Appellee Hilmar Kopper in 05-2363 and 05-2482 submitting 10 ccs of brief. (EH) [Entered: 03/15/2006 11:11 AM] |
HARD COPY RECEIVED from Appellees/Cross Appellants DaimlerChrysler AG, Daimler Benz AG, Jurgen Schrempp and Manfred Gentz in 05-2363 and 05-2482 submitting 10 ccs of brief. (EH) [Entered: 03/15/2006 11:08 AM] |
ELECTRONIC 2ND STEP BRIEF on behalf of Appellee/Cross- Appellants DaimlerChrysler AG, Daimler Benz AG, Jurgen Schrempp and Manfred Gentz in 05-2363 and 05-2482, Copies: 1, Pages: 92, Word Count: 21,150, Per Court Order Dated 2/8/06. delivered by mail, filed. Certificate of service date 3/10/06. (LAL) [Entered: 03/13/2006 02:58 PM] |
ELECTRONIC BRIEF on behalf of Appellee Hilmar Kopper in 05-2363 and 05-2482, Copies: 1, Pages: 51, Word Count: 11,652, delivered by mail, filed. Certificate of service date 3/10/06. (LAL) [Entered: 03/13/2006 03:09 PM] |
SUPPLEMENTAL APPENDIX on behalf of Appellant/Cross-Appellee Tracinda Corp in 05-2363 and 05-2482. Copies: 4, Volumes: 1. Delivered by mail, filed. Certificate of service date 2/21/06. (LAL) [Entered: 03/06/2006 07:49 AM] |
ORDER (Clerk) granting motion Appellant/Cross-Appellee Tracinda Corp. to file supplemental appendix in 05-2363 and 05-2482 with filing as of the date of this order, filed. (LAL) [Entered: 03/06/2006 07:47 AM] |
COVER LETTER costrued as MOTION by Appellant/Cross-Appellee Tracinda Corp in 05-2363 and 05-2482 to file supplemental appendix, filed. Answer due 3/6/06. Certificate of Service dated 2/21/06. (LAL) [Entered: 02/23/2006 11:10 AM] |
ORDER (Ambro, Authoring Judge) granting joint motion by the parties in 05-2363 and 05-2482 for enlargement of word limitation, filed. B-57 (AWI) [Entered: 02/08/2006 10:31 AM] |
ORDER (Clerk) referring to a motions panel the joint motion by the parties in 05-2363 and 05-2482 insofar as it seeks to extend the word count limitations of the briefs. The time for filing the briefs shall be extended as follows: The brief on behalf of Appellees/Cross-Appellants, DaimlerChrysler AG, et al., and the brief on behalf of Appellee, Hilmas Kopper, shall be filed and served on or before 3/10/06; The reply brief on behalf of Appellant/Cross-Appellee, Tracinda Corp., shall be filed and served on or before 4/11/06; The reply brief on behalf of Appellees/Cross-Appellants, DaimlerChrysler AG, et al., shall be filed and served on or before 4/28/06, filed. (AWI) [Entered: 02/07/2006 08:54 AM] |
JOINT MOTION by the parties for enlargement of word limitation as follows: DaimlerChrysler Parties file their 2nd Step Brief with up to 22000 words; Kopper file their 2nd Step Brief with up to 18000 words; Tracinda Corp file their 3rd Step Brief with up to 19000 words; DaimlerChrysler Parties file their 4th Step Brief with up to 10000 words and for extension of time to file the 2nd Step Brief until 3/10/06; the 3rd Step Brief until 4/11/06 and the 4th Step Brief until 4/28/06, filed. Answer due 2/13/06. Certificate of Service dated 1/27/06. (AWI) [Entered: 01/30/2006 03:46 PM] |
EXHIBIT (audiotape) on behalf of Appellant/Cross-Appellee included in volume VI of Joint Appendix, filed. (GPK) [Entered: 01/26/2006 09:59 AM] |
ORDER (Clerk) granting motion by Appellant/Cross-Appellee for leave to submit exhibit in the form of an audiotape. Appellant/Cross-Appellee must retrieve the exhibit within 60 days of the conclusion of this matter or the exhibit will be destroyed, filed. (GPK) [Entered: 01/26/2006 09:53 AM] |
COMPLIANCE RECEIVED. Appellant/Cross-Appellee's motion, received. (GPK) [Entered: 01/20/2006 02:22 PM] |
MOTION by Appellant/Cross-Appellee Tracinda Corp in 05-2363 & 05-2482 to lodge exhibits in the form of audiotape, filed. Answer due 2/6/06. Certificate of Service dated 1/20/06. (GPK) [Entered: 01/20/2006 02:23 PM] |
Notice of telephone request to Alan J. Stone, counsel for Tracinda Corp, for motion to lodge audio cassette as an exhibit. Response due in 3 days. (GPK) [Entered: 01/13/2006 12:37 PM] |
APPENDIX on behalf of Appellant/Cross-Appellee Tracinda Corp in 05-2363 and 05-2482. Copies: 4, Vol.: 8 (vol 1 attached to Hard Copy of Brief), Delivered by mail, filed. Certificate of service dated 1/10/06. (GPK) [Entered: 01/13/2006 12:07 PM] |
HARD COPY RECEIVED from Appellant/Cross-Appellee Tracinda Corp in 05-2363 and 05-2482 (10cc of 1st Step Brief w/ attachments and attached vol 1 of appendix). (GPK) [Entered: 01/13/2006 12:01 PM] |
ELECTRONIC 1ST STEP BRIEF on behalf of Appellant/Cross- Appellee Tracinda Corp in 05-2363 and 05-2482. Copies: 1, Pages: 70, Word Count: 21,644, delivered by mail, filed. Certificate of service dated 1/10/06. (GPK) [Entered: 01/13/2006 11:48 AM] |
ORDER (Ambro, Authoring Judge) granting motions by Appellant/Cross-Appellee in 05-2363 and 05-2482 to enlarge page limitation by an additional 47 pages or 21,732 words, filed. C-162 (AWI) [Entered: 01/05/2006 11:20 AM] |
CLERK LETTER SENT to Appellant/Cross-Appellee in 05-2363 and 05-2482 stating that in accordance with the Clerk's 8/19/05 Order and in light of the Court's 1/5/06 Order granting the motions to enlarge page limitation, the 1st Step Brief and Appendix are due no later than 1/19/06. (AWI) [Entered: 01/05/2006 11:23 AM] |
ORDER (Clerk) referring to a motions panel the motion to enlarge page limitation, supplemental motion to enlarge page limitation and the response to the supplemental motion in 05-2363 and 05-2482, filed. (AWI) [Entered: 09/06/2005 02:06 PM] |
RESPONSE filed by Appellees/Cross-Appellants DaimlerChrysler AG, Daimler Benz AG, Jurgen Schrempp and Manfred Gentz in 05-2363 and 05-2482 in Opposition to Supplemental Motion to enlarge page limitation. Certificate of Service dated 8/24/05. (AWI) [Entered: 08/26/2005 08:02 AM] |
SUPPLEMENTAL MOTION by Appellant/Cross-Appellee in 05-2363 and 05-2482 to enlarge page limitation, filed. Answer due 9/6/05. Certificate of Service dated 8/22/05. (AWI) [Entered: 08/26/2005 07:59 AM] |
ORDER (Clerk) deferring action on motion by Appellant/Cross-Appellee to Enlarge Page Limitation pending the filing of a supplemental motion that sets forth the word count of the proposed overlegth brief. Appellant/Cross-Appellee is directed to review F.R.A.P. 32(a)(7) regarding word counts and certificates of compliance. The supplemental motion shall be filed and served within 5 days of the date of this order. Upon filing of the motion, the matter will be referred to a motions panel. The briefing schedule shall be stayed pending resolution of the motion. Appellant/Cross-Appellee's brief and appendix shall be filed within 14 days of the Court's Order disposing of the motions, filed. (CH) [Entered: 08/19/2005 04:17 PM] |
MOTION by Appellant Tracinda Corp in 05-2363, Appellee Tracinda Corp in 05-2482 for Enlarge Page Limitation, filed. Answer due 8/29/05. Certificate of Service dated 8/12/05. (CH) [Entered: 08/17/2005 09:26 AM] |
BRIEFING NOTICE ISSUED: Appellant/cross-appellee br and apx due 8/22/05 in Nos. 05-2363 & 05-2482, filed. (CH) [Entered: 07/12/2005 04:07 PM] |
ATTORNEY NOT PARTICIPATING: Robert J. Kriner advises he will not participate in this appeal. [SEND TO MERITS PANEL] (CH) [Entered: 06/09/2005 08:51 AM] |
ATTORNEY NOT PARTICIPATING: Peter J. Walsh advises he will not participate in this appeal. [SEND TO MERITS PANEL] (CH) [Entered: 06/14/2005 10:48 AM] |
FOLLOW UP LETTER to Timothy R. Dudderar, Irving Morris, Eric P. Early, Natalie J. Haskins, Peter J. Walsh and Robert J. Kriner requesting the following documents: **Appearance **Disclosure Statement SEND TO MERITS PANEL. (CH) [Entered: 06/02/2005 07:34 AM] |
ATTORNEY NOT PARTICIPATING: Jay W. Eisenhofer advises he will not participate in this appeal. [SEND TO MERITS PANEL] (CH) [Entered: 06/01/2005 09:32 AM] |
Notice received from district court that the docketing and filing fees have been paid by the Appellant Tricinda Corp was filed on 4/28/05. (CH) [Entered: 05/24/2005 12:55 PM] |
ATTORNEY NOT PARTICIPATING: David H. Williams in 05-2363 advises he will not participate in this appeal. [SEND TO MERITS PANEL] (CH) [Entered: 05/24/2005 09:19 AM] |
APPEARANCE from Attorneys Thomas J. Allingham,and Robert S. Saunders on behalf of Appellees DaimlerChrysler AG, Daimler Benz AG, Jurgen Schrempp,and Manfred Gentz, filed. (TMK) [Entered: 05/23/2005 01:41 PM] |
APPEARANCE from Attorney Jeffrey A. Barist on behalf of Appellee Hilmar Kopper, filed. (TMK) [Entered: 05/23/2005 01:18 PM] |
ATTORNEY NOT PARTICIPATING: Carmella P. Keener advises neither she nor Joseph A. Rosenthal will not participate in this appeal. [SEND TO MERITS PANEL] (CH) [Entered: 06/01/2005 11:15 AM] |
TRANSCRIPT PURCHASE ORDER (Part I), all transcripts are already on file in the District Court Clerk's Office, filed. (CH) [Entered: 05/20/2005 12:09 PM] |
INFORMATION STATEMENT on behalf of Appellant Tracinda Corp received. (PDB) [Entered: 05/17/2005 09:27 AM] |
APPEARANCE from Attorneys Joseph N. Sacca, Lea H. Kuck, and Jonathan J. Lerner on behalf of Appellees Daimler Chrysler AG, Daimler Benz AG, Jurgen Schrempp,and Manfred Gentz, filed. (PDB) [Entered: 05/16/2005 02:21 PM] |
ATTORNEY NOT PARTICIPATING: Pamela S. Tikellis advises she will not participate in this appeal. [SEND TO MERITS PANEL] (CH) [Entered: 05/18/2005 12:11 PM] |
DISCLOSURE STATEMENT on behalf of Appellant Tracinda Corp in 05-2363, filed. (CH) [Entered: 06/08/2005 10:29 AM] |
(POSITIVE) DISCLOSURE STATEMENT filed on behalf of Appellee DaimlerChrysler AG in 05-2363 . (CH) [Entered: 06/02/2005 04:09 PM] |
APPEARANCE from Attorneys Julie E. Kamps, William G. McGuinness, Mark G. Krum, Terry N. Christensen, and Alan J. Stone on behalf of Appellant Tracinda Corp, filed. (PDB) [Entered: 05/16/2005 03:16 PM] |
CONCISE SUMMARY OF CASE on behalf of Appellant Tracinda Corp received. (PDB) [Entered: 05/17/2005 09:28 AM] |
APPEARANCE from Attorney Natalie J. Haskins on behalf of Appellant Tracinda Corp, filed. WITHDRAWN AS OF 3/16/06. (CH) [Entered: 06/08/2005 10:25 AM] |
ATTORNEY NOT PARTICIPATING: Gary W. Aber advises he will not participate in this appeal. [SEND TO MERITS PANEL] (CH) [Entered: 05/10/2005 03:05 PM] |
CIVIL CASE DOCKETED. Notice filed by Tracinda Corporation. (LLD) [Entered: 05/03/2005 02:10 PM] |
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