Asbestos Workers Philadelphia Pension Fund v. Calhoun et al
| Asbestos Workers Philadelphia Pension Fund |
| William A Osborn, Eugene V. Fife, David R. Goode, Stuart L. Levenick, David L. Calhoun, Charles D. Powell, Peter A. Magowan, Daniel M. Dickinson, Steven H. Wunning, Miles D. White, Edward B. Rust, Jr., Caterpillar Inc., Juan Gallardo, Douglas R. Oberhelman, Dennis A. Muilenburg, Jesse J. Greene, Jr., Susan C. Schwab, James W. Owens, Gerard Vittecoq, Joshua I. Smith and Jon M. Huntsman, Jr. |
| 1:2012cv01077 |
| August 27, 2012 |
| US District Court for the District of Delaware |
| Wilmington Office |
| XX US, Outside State |
| Leonard P Stark |
| Securities/Commodities |
| 15 U.S.C. § 78 |
| Plaintiff |
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This docket was last retrieved on September 29, 2014. A more recent docket listing may be available from PACER.
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Filing 10
ORAL ORDER: Having reviewed Magistrate Judge Burke's Report and Recommendation ("R&R") (D.I. 37), Defendants' limited objection only to the R&R's recommendation that dismissal of the Third Complaint be without prejudice (D.I. 38), and recognizing that Plaintiffs "take no position" on Defendants' objection (D.I. 40), IT IS HEREBY ORDERED that: (1) Defendants' objection is SUSTAINED; (2) the Third Complaint (D.I. 18) is DISMISSED WITH PREJUDICE, which it is within the Court's discretion to do, particularly given Plaintiffs' earlier opportunities to correct pleading deficiencies, see, e.g., Krantz v. Prudential Invs. Fund Mgmt. LLC, 305 F.3d 140, 144 (3d Cir. 2002); (3) Defendants' motion to dismiss (D.I. 21) is GRANTED; and (4) the R&R is adopted with the only modification being that dismissal of the Third Complaint is not without prejudice. The Clerk of Court is directed to CLOSE this case. ***Civil Case Terminated. ORDERED by Judge Leonard P. Stark on 9/29/14. Associated Cases: 1:12-cv-01076-LPS-CJB, 1:12-cv-01077-LPS (ntl)
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| Pro Hac Vice Attorney Alexander Arnold Gershon for Asbestos Workers Philadelphia Pension Fund added for electronic noticing. (dmp, ) |
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Filing 9
ORDER re (7 in 1:12-cv-01076-LPS) Plaintiffs' UNOPPOSED Motion to Consolidate Related Cases Pursuant to Fed. R. Civ. P. 42(a)(2) and (3) and for appointment of Milberg LLP and Barrack, Rodos & Bacine as Co-Lead Counsel and Farnan LLP as Liaison Counsel filed by City of Lansing Police and Fire Retirement System; (8 in 1:12-cv-01077-LPS) Plaintiffs' UNOPPOSED Motion to Consolidate Related Cases Pursuant to Fed. R. Civ. P. 42(a)(2) and (3) and for appointment of Milberg LLP and Barrack, Rodos & Bacine as Co-Lead Counsel and Farnan LLP as Liaison Counsel filed by Asbestos Workers Philadelphia Pension Fund. Signed by Judge Leonard P. Stark on 10/2/12. Associated Cases: 1:12-cv-01076-LPS, 1:12-cv-01077-LPS(ntl)
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| Case associated with lead case: Create association to 1:12-cv-01076-LPS. (ntl) |
| Filing 8 MOTION to Consolidate Cases [Plaintiffs' UNOPPOSED Motion to Consolidate Related Cases Pursuant to Fed. R. Civ. P. 42(a)(2) and (3) and for appointment of Milberg LLP and Barrack, Rodos & Bacine as Co-Lead Counsel and Farnan LLP as Liaison Counsel] - filed by Asbestos Workers Philadelphia Pension Fund. (Attachments: #1 Text of Proposed Order)(Farnan, Brian) |
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SO ORDERED, re (6 in 1:12-cv-01076-LPS) Stipulation filed by City of Lansing Police and Fire Retirement System; (7 in 1:12-cv-01077-LPS) Stipulation filed by Asbestos Workers Philadelphia Pension Fund. Signed by Judge Leonard P. Stark on 10/1/12. Associated Cases: 1:12-cv-01076-LPS, 1:12-cv-01077-LPS(ntl)
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| Filing 7 STIPULATION Accept Service and Deadlines re Proposed Consolidated Complaint by Asbestos Workers Philadelphia Pension Fund. (Farnan, Michael) |
| Filing 6 NOTICE of Appearance by Jason James Rawnsley on behalf of Caterpillar Inc. (Rawnsley, Jason) |
| Filing 5 STIPULATION to move, answer, or otherwise respond to the Complaint re #1 Complaint,, by Caterpillar Inc.. (Rawnsley, Jason) |
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SO ORDERED, re #5 Stipulation to extend time to respond to complaint by 9/28/12 filed by Caterpillar Inc. Signed by Judge Leonard P. Stark on 9/18/12. (ntl)
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SO ORDERED, re #4 MOTION for Pro Hac Vice Appearance of Attorney Alexander Arnold Gershon of Barrack, Rodos & Bacine filed by Asbestos Workers Philadelphia Pension Fund. Signed by Judge Leonard P. Stark on 9/6/12. (ntl)
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| Filing 4 MOTION for Pro Hac Vice Appearance of Attorney Alexander Arnold Gershon of Barrack, Rodos & Bacine - filed by Asbestos Workers Philadelphia Pension Fund. (Farnan, Brian) |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:12-cv-01076-LPS, 1:12-cv-01077-LPS (rjb) |
| Filing 3 SUMMONS Returned Executed by Asbestos Workers Philadelphia Pension Fund. Caterpillar Inc. served on 8/28/2012, answer due 9/18/2012. (Farnan, Brian) |
| Summons Issued with Magistrate Consent Notice attached as to Caterpillar Inc. on 8/28/2012. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (dmp, ) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (dmp, ) |
| Filing 1 COMPLAINT filed with Jury Demand against David L. Calhoun, Caterpillar Inc., Daniel M. Dickinson, Eugene V. Fife, Juan Gallardo, David R. Goode, Jesse J. Greene, Jr, Jon M. Huntsman, Jr, Stuart L. Levenick, Peter A. Magowan, Dennis A. Muilenburg, Douglas R. Oberhelman, William A Osborn, James W. Owens, Charles D. Powell, Edward B. Rust, Jr, Susan C. Schwab, Joshua I. Smith, Gerard Vittecoq, Miles D. White, Steven H. Wunning - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1129256.) - filed by Asbestos Workers Philadelphia Pension Fund. (Attachments: #1 Verification of Michael E. Burns, #2 Civil Cover Sheet)(dmp, ) |
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