FleetBoston Financia, et al v. Alt, et al
| FleetBoston Financial Corp., Fleet Securites, Inc, Robertson Stephens Group, Inc. and Robertson Stephens, Inc. |
| Eric E. Alt, Michael Barr, J. J. Beaghan, Brian S. Bean, Charles Bolton, Vincent Bowen, III, Richard A. Brand, Clark Callander, Georgene Carambat, Michael Casey, Jeffrey W. Colin, Alex Dean, Christopher Dodge, David Fullerton, Philip Gardner, Jonathan Goldman, Christopher W. Greer, Tony Haertl, Gregory C. Holmes, Frederick M. Hughes, Daniel Hurwitz, Andrew Kaye, Maureen McCarthy, Kevin McGinty, Todd H. McWilliams, Samuel A. Morse, Agnes Murphy, Diane P. Murphy, David O'Brian, Joseph Piazza, Michael P. Perrella, Larry Rehmer, David Reilly, John T. Rossi, Mark J. Salter, Scott Scharfman, Allen Smith, Scott Sullivan, Steven Tishman, Ted E. Tobiason, Daniel P. White, III, Jeff Winaker and New York Stock Exchange, Inc. |
| All Defendants |
| 1:2003cv10597 |
| April 1, 2003 |
| US District Court for the District of Massachusetts |
| Edward F Harrington |
| Labor: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2011. A more recent docket listing may be available from PACER.
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| Filing 233 Letter/request (non-motion) from Supreme Court of the United States. The petition for a writ of certiorari is denied. Forwarded from the USCA 10/12/2011 (Ramos, Jeanette) |
| Filing 232 Case Appealed to Supreme Court of the United States, Case Number 11-177. The petition for a writ of certiorari filed on 8/9/2011 (Ramos, Jeanette) |
| Filing 231 MANDATE of USCA as to #227 Notice of Appeal, filed by All Defendants. Appeal #227 Terminated. Mandate issued in the USCA 5/27/2011 (Ramos, Jeanette) |
| Filing 230 USCA Judgment as to #227 Notice of Appeal, filed by All Defendants. This cause came to be heard on appeal from the United States District Court for the District of Massachusetts and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is affirmed. Judgment issued in the USCA 3/23/2011 (Ramos, Jeanette) |
| Filing 229 OPINION of USCA No. 10-1035. Opinion issued in the USCA 3/23/2011 (Ramos, Jeanette) |
| Filing 228 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #227 Notice of Appeal, (Ramos, Jeanette) (Additional attachment(s) added on 1/4/2010: #1 Main Document) (Ramos, Jeanette). |
| Filing 227 NOTICE OF APPEAL as to #226 Order Dismissing Case by All Defendants Filing fee $ 455, receipt number 01010000000002719344 NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. Appeal Record due by 1/13/2010. (Liddle, Jeffrey) |
| Filing 226 Senior Judge Edward F. Harrington: ORDER entered. ORDER DISMISSING CASE.(Folan, Karen) |
| Filing 225 Senior Judge Edward F. Harrington: ORDER entered. MEMORANDUM AND ORDER entered. "...Counterdefendants' Motion for Summary Judgment (Docket No. 154) is ALLOWED. This action is hereby DISMISSED. A separate order of dismissal shall issue. SO ORDERED."(Folan, Karen) |
| Filing 224 Supplemental MEMORANDUM in Opposition re #154 MOTION for Summary Judgment [corrected] filed by All Defendants. (Hubbard, James) |
| Filing 223 DECLARATION re #222 Memorandum in Opposition to Motion, of James R. Hubbard and Exhibits Thereto by All Defendants. (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)(Hubbard, James) |
| Filing 222 MEMORANDUM in Opposition re #205 MOTION for Leave to File a Surreply Brief in Further Opposition to Counterdefendant Fleet's Motion for Summary Judgment on the Issue of Standing to Sue for Breach of Fiduciary Duty filed by All Defendants. (Hubbard, James) |
| Filing 221 CERTIFICATE OF SERVICE by FleetBoston Financial Corp. re #196 Stipulation and Joint Submission Pursuant to May 7, 2009 Trial Order. (McChesney, S.) |
| Filing 220 DECLARATION re #219 Memorandum in Support of Motion For Summary Judgment by FleetBoston Financial Corp.. (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)(McChesney, S.) |
| Filing 219 Supplemental MEMORANDUM in Support re #154 MOTION for Summary Judgment As To Counterplaintiffs' Non-Shareholder Status filed by FleetBoston Financial Corp.. (McChesney, S.) |
| Filing 218 MOTION for Clarification re Motion Hearing, #216 Transcript, by All Defendants.(Hubbard, James) |
| Filing 217 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
| Filing 216 Transcript of Motion Hearing held on October 16, 2009, before Judge Harrington. Court Reporter: Helana E. Kline at 508/525-7769. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 11/6/2009. Redacted Transcript Deadline set for 11/16/2009. Release of Transcript Restriction set for 1/14/2010. (Scalfani, Deborah) |
| Electronic Clerk's Notes for proceedings held before Senior Judge Edward F. Harrington: Motion Hearing held on 10/16/2009 re #154 MOTION for Summary Judgment filed by Robertson Stephens Group, Inc., FleetBoston Financial Corp.. Counsel present arguments. Briefs due within 7 days. (Court Reporter: Helena Kline.)(Attorneys present: McChesney and Downey for Pltf, Peters, Hubbard, Grenert for Defts) (Abaid, Kimberly) |
| Filing 215 Senior Judge Edward F. Harrington: ORDER OF CONTINUANCE entered. "The trial of the above-entitled case set for Monday, October 19, 2009 at 9:00 a.m., is continued sine die pending the resolution of Counter Defendant FleetBoston Financial Corp.'s Motion for Summary Judgment. SO ORDERED."(Folan, Karen) |
| Filing 214 Objection to #200 Exhibit List by All Defendants. (Liddle, Jeffrey) |
| Filing 213 NOTICE by FleetBoston Financial Corp. of Objections to the Qualifications of ALT's Proposed Experts (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Downey, Alicia) |
| Filing 212 NOTICE by FleetBoston Financial Corp. of Designations of Arbitration Testimony in Lieu of Appearance (Downey, Alicia) |
| Filing 211 NOTICE by FleetBoston Financial Corp. of Objections to Counterplaintiffs' Proposed Exhibits (Attachments: #1 Exhibit A)(Downey, Alicia) |
| ELECTRONIC NOTICE of Hearing :Hearing on Motion for Summary Judgment set for 10/16/2009 10:00 AM in Courtroom 13 before Senior Judge Edward F. Harrington. (Folan, Karen) |
| Filing 210 Response by All Defendants to #201 Stipulation, #186 Stipulation for Designations of Testimony Taken Under Oath in the NYSE Arbitration. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hubbard, James) |
| Filing 209 DECLARATION of James R. Hubbard and Exhibits Thereto in Support of Counterplaintiffs' Surreply Brief by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hubbard, James) |
| Filing 208 SUR-REPLY to Motion re #154 MOTION for Summary Judgment Leave to File Granted on October 8, 2009 filed by All Defendants. (Hubbard, James) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #205 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 207 DECLARATION re #206 Memorandum in Opposition to Motion, of James R. Hubbard and Exhibits Thereto by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hubbard, James) |
| Filing 206 MEMORANDUM in Opposition re #205 MOTION for Leave to File a Surreply Brief in Further Opposition to Counterdefendant Fleet's Motion for Summary Judgment on the Issue of Standing to Sue for Breach of Fiduciary Duty, #154 MOTION for Summary Judgment filed by All Defendants. (Hubbard, James) |
| Filing 205 MOTION for Leave to File a Surreply Brief in Further Opposition to Counterdefendant Fleet's Motion for Summary Judgment on the Issue of Standing to Sue for Breach of Fiduciary Duty by All Defendants.(Hubbard, James) |
| Filing 204 Supplemental AFFIDAVIT in Support re #154 MOTION for Summary Judgment of Alicia L. Downey filed by FleetBoston Financial Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Downey, Alicia) |
| Filing 203 AFFIDAVIT in Support re #154 MOTION for Summary Judgment of Elizabeth A. Pryor as Secretary of Robertson Stephens Group, Inc. filed by FleetBoston Financial Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Downey, Alicia) |
| Filing 202 REPLY to Response to #154 MOTION for Summary Judgment as to Counterplaintiffs' Non-Shareholder Status filed by FleetBoston Financial Corp.. (Downey, Alicia) |
| Filing 201 STIPULATION re #186 Stipulation Extending Time for Parties to Introduce Arbitration Testimony in Lieu of the Appearance of a Witness in Court by All Defendants. (Hubbard, James) |
| Filing 200 Exhibit List Pursuant to May 7, 2009 Trial Order by All Defendants, FleetBoston Financial Corp... (Downey, Alicia) |
| Filing 199 AFFIDAVIT in Opposition re #154 MOTION for Summary Judgment, #197 Memorandum in Opposition to Motion for Summary Judgment on the Issue of Standing to Sue for Breach of Fiduciary Duty under Rule 56(f). (Hubbard, James) |
| Filing 198 DECLARATION re #197 Memorandum in Opposition to Motion for Summary Judgment on the Issue of Standing to Sue for Breach of Fiduciary Duty by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Errata F, #7 Exhibit G)(Hubbard, James) |
| Filing 197 MEMORANDUM in Opposition re #154 MOTION for Summary Judgment on the Issue of Standing to Sue for Breach of Fiduciary Duty filed by All Defendants. (Hubbard, James) |
| Filing 196 STIPULATION and Joint Submission Pursuant to May 7, 2009 Trial Order by All Defendants, FleetBoston Financial Corp.. (Downey, Alicia) |
| Filing 195 NOTICE of Withdrawal of Appearance by Joseph L. Kociubes (Kociubes, Joseph) |
| Filing 194 Senior Judge Edward F. Harrington: ORDER entered. (Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered denying #190 Motion to Continue. "Motion denied. However only jury selection to be conducted on 10/19/09. Taking of testimony to commence on 10/20/09. Jury selection is held only on Mondays." (Folan, Karen) |
| Filing 193 NOTICE of Appearance by Lisa E. Kirby on behalf of FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc. (Kirby, Lisa) |
| Filing 192 Letter/request (non-motion) from Counterplaintiffs Opposing Counterdefendants' Request for Pretrial Conference. (Hubbard, James) |
| Filing 191 Corrected/Amended Letter/request (non-motion) from S. Elaine McChesney Requesting Pretrial Conference. (McChesney, S.) |
| Filing 190 Assented to MOTION to Continue Commencement of Trial to October 20, 2009 by FleetBoston Financial Corp..(McChesney, S.) |
| Filing 189 Letter/request (non-motion) from S. Elaine McChesney Requesting Pre-Trial Conference. (McChesney, S.) |
| Filing 188 Senior Judge Edward F. Harrington: ORDER entered. MEMORANDUM AND ORDER, Motions terminated: denying #167 Cross MOTION to Strike Jury Demand filed by Robertson Stephens Group, Inc., FleetBoston Financial Corp..(Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #176 Motion for Protective Order. (Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered denying #179 Motion to Compel. (Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #169 Motion to Strike. (Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered denying #181 Motion to Continue. (Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #173 Motion for Protective Order. (Folan, Karen) |
| Senior Judge Edward F. Harrington: ELECTRONIC ENDORSEMENT approving #186 Stipulation filed by All Defendants (Folan, Karen) |
| Senior Judge Edward F. Harrington: ELECTRONIC ENDORSEMENT approving #185 Stipulation of Dismissal filed by All Defendants (Folan, Karen) |
| Filing 187 MEMORANDUM in Opposition re #173 MOTION for Protective Order Vacating Notice of Deposition filed by All Defendants. (Hubbard, James) |
| Filing 186 STIPULATION by All Defendants. (Hubbard, James) |
| Filing 185 STIPULATION of Dismissal With Prejudice of Counterplaintiffs' Eighth Claim for Relief of the First Amended Counterclaim by All Defendants. (Hubbard, James) |
| Filing 184 Opposition re #181 MOTION to Continue Trial Date to 01/19/10 filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Downey, Alicia) |
| Filing 183 Opposition re #179 Cross MOTION to Compel Compliance with Their Notices of Deposition filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Downey, Alicia) |
| Filing 182 MEMORANDUM in Support re #181 MOTION to Continue Trial Date to 01/19/10 filed by All Defendants. (Hubbard, James) |
| Filing 181 MOTION to Continue Trial Date to 01/19/10 by All Defendants.(Hubbard, James) |
| Filing 180 MEMORANDUM in Opposition re #169 MOTION to Strike Untimely Discovery Served by Counterplaintiffs, #176 MOTION for Protective Order to Vacate Counterplaintiffs' Notices of Deposition, #179 Cross MOTION to Compel Compliance with Their Notices of Deposition Memorandum in Support filed by All Defendants. (Hubbard, James) |
| Filing 179 Cross MOTION to Compel Compliance with Their Notices of Deposition by All Defendants.(Hubbard, James) |
| Filing 178 MEMORANDUM in Opposition re #167 Cross MOTION to Strike Jury Demand filed by All Defendants. (Hubbard, James) |
| Filing 177 MEMORANDUM in Support re #176 MOTION for Protective Order to Vacate Counterplaintiffs' Notices of Deposition filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (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, #11 Exhibit 11)(Downey, Alicia) |
| Filing 176 MOTION for Protective Order to Vacate Counterplaintiffs' Notices of Deposition by FleetBoston Financial Corp., Robertson Stephens Group, Inc..(Downey, Alicia) |
| Filing 175 DECLARATION of Brian T. Moynihan re #173 MOTION for Protective Order Vacating Notice of Deposition by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Downey, Alicia) Modified on 7/28/2009 to add name (Edge, Eugenia). |
| Filing 174 MEMORANDUM in Support re #173 MOTION for Protective Order Vacating Notice of Deposition filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Attachments: #1 Exhibit 1)(Downey, Alicia) |
| Filing 173 MOTION for Protective Order Vacating Notice of Deposition by FleetBoston Financial Corp., Robertson Stephens Group, Inc..(Downey, Alicia) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered denying #163 Motion for Reconsideration. (Folan, Karen) |
| Filing 172 MEMORANDUM in Opposition re #163 MOTION for Reconsideration re #161 Order on Motion for Summary Judgment Court Order of June 29, 2009 filed by All Defendants. (Hubbard, James) |
| Filing 171 Senior Judge Edward F. Harrington: ORDER entered. (Folan, Karen) |
| Filing 170 Senior Judge Edward F. Harrington: ORDER entered denying #165 Motion for Reconsideration. (Folan, Karen) |
| Filing 169 MOTION to Strike Untimely Discovery Served by Counterplaintiffs by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (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)(Downey, Alicia) |
| Filing 168 MEMORANDUM in Opposition re #165 MOTION for Reconsideration re #162 Order of the Court's June 30 Order Dismissing C.93A Claim Against Counterdefendant FleetBoston Financial Corporation and in Support of Cross-Motion to Strike Jury Demand filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Attachments: #1 Exhibit 1)(Downey, Alicia) |
| Filing 167 Cross MOTION to Strike Jury Demand by FleetBoston Financial Corp., Robertson Stephens Group, Inc..(Downey, Alicia) |
| Filing 166 MEMORANDUM in Support re #165 MOTION for Reconsideration re #162 Order of the Court's June 30 Order Dismissing C.93A Claim Against Counterdefendant FleetBoston Financial Corporation filed by All Defendants. (Hubbard, James) |
| Filing 165 MOTION for Reconsideration re #162 Order of the Court's June 30 Order Dismissing C.93A Claim Against Counterdefendant FleetBoston Financial Corporation by All Defendants.(Hubbard, James) |
| Filing 164 MEMORANDUM in Support re #163 MOTION for Reconsideration re #161 Order on Motion for Summary Judgment Court Order of June 29, 2009 filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Attachments: #1 Exhibit Transcript of Hearing)(McChesney, S.) |
| Filing 163 MOTION for Reconsideration re #161 Order on Motion for Summary Judgment Court Order of June 29, 2009 by FleetBoston Financial Corp., Robertson Stephens Group, Inc..(McChesney, S.) |
| Filing 162 Senior Judge Edward F. Harrington: ORDER entered. (Folan, Karen) |
| Filing 161 Senior Judge Edward F. Harrington: ORDER entered dismissing #154 Motion for Summary Judgment. (Folan, Karen) |
| Senior Judge Edward F. Harrington: ELECTRONIC ENDORSEMENT approving #160 Letter/request (non-motion), #159 Letter/request (non-motion). Request allowed. Case Management conference set for Tuesday, June 30, 2009 at 10:00 a.m. (Folan, Karen) |
| Filing 160 Counterplaintiffs request for a Case Management Conference Pursuant to Local Rule 16.3(C). (Hubbard, James) |
| Filing 159 Counterdefendants' Request for Case Management Conference Pursuant to Local Rule 16.3(C). (McChesney, S.) |
| Filing 158 DECLARATION re #154 MOTION for Summary Judgment by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Downey, Alicia) |
| Filing 157 DECLARATION re #154 MOTION for Summary Judgment by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Downey, Alicia) |
| Filing 156 Statement of Material Facts L.R. 56.1 re #154 MOTION for Summary Judgment filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Downey, Alicia) |
| Filing 155 MEMORANDUM in Support re #154 MOTION for Summary Judgment filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Downey, Alicia) |
| Filing 154 MOTION for Summary Judgment by FleetBoston Financial Corp., Robertson Stephens Group, Inc..(Downey, Alicia) |
| Filing 153 Senior Judge Edward F. Harrington: TRIAL ORDER entered. ( Jury Trial set for 10/19/2009 09:00 AM in Courtroom 13 before Senior Judge Edward F. Harrington.)(Folan, Karen) |
| Filing 152 Senior Judge Edward F. Harrington: ORDER entered denying #142 Motion for Reconsideration ; denying #147 Motion to Strike (Folan, Karen) |
| Filing 151 REPLY to Response to #147 MOTION to Strike the Supplemental Affidavit of Karen Kupersmith, #142 MOTION for Reconsideration re #139 Order on Motion for Summary Judgment, Order on Motion to Dismiss Or, In The Alternative, For Remand To The Panel With An Order That It Clarify The Award filed by All Defendants. (Hubbard, James) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #150 Motion for Extension of Time to File Response/Reply re #147 MOTION to Strike the Supplemental Affidavit of Karen Kupersmith Responses due by 5/6/2009. Reply brief on motion for reconsideration due 5/6/09. (Folan, Karen) |
| Filing 150 MOTION for Extension of Time to May 6, 2009 to File Response/Reply by Eric E. Alt.(Peters, Kevin) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #149 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 149 MOTION for Leave to File a Reply Brief in Further Support of Their Motion for Reconsideration or, in the Alternative, for Remand to the Panel with an Order that it Clarify the Award by All Defendants.(Hubbard, James) |
| Filing 148 MEMORANDUM in Support re #147 MOTION to Strike the Supplemental Affidavit of Karen Kupersmith filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(McChesney, S.) |
| Filing 147 MOTION to Strike the Supplemental Affidavit of Karen Kupersmith by FleetBoston Financial Corp., Robertson Stephens Group, Inc..(McChesney, S.) |
| Filing 146 Opposition re #142 MOTION for Reconsideration re #139 Order on Motion for Summary Judgment, Order on Motion to Dismiss Or, In The Alternative, For Remand To The Panel With An Order That It Clarify The Award filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (McChesney, S.) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #145 Motion for Extension of Time to April 17, 2009 to respond to motion for reconsideration. (Folan, Karen) |
| Filing 145 First MOTION for Extension of Time to April 17, 2009 to respond to counterplainiffs' motion for reconsideration by FleetBoston Financial Corp., Robertson Stephens Group, Inc..(Downey, Alicia) |
| Filing 144 ADDENDUM re #142 MOTION for Reconsideration re #139 Order on Motion for Summary Judgment, Order on Motion to Dismiss Or, In The Alternative, For Remand To The Panel With An Order That It Clarify The Award filed by All Defendants. (Attachments: #1 Exhibit 40, #2 Exhibit 41, #3 Exhibit 42, #4 Exhibit 43, #5 Errata 46, #6 Exhibit 47, #7 Exhibit 50-a, #8 Exhibit 50-b, #9 Exhibit 51, #10 Exhibit 52-a, #11 Exhibit 52-b, #12 Exhibit 53)(Hubbard, James) |
| Filing 143 MEMORANDUM in Support re #142 MOTION for Reconsideration re #139 Order on Motion for Summary Judgment, Order on Motion to Dismiss Or, In The Alternative, For Remand To The Panel With An Order That It Clarify The Award filed by All Defendants. (Hubbard, James) |
| Filing 142 MOTION for Reconsideration re #139 Order on Motion for Summary Judgment, Order on Motion to Dismiss Or, In The Alternative, For Remand To The Panel With An Order That It Clarify The Award by All Defendants.(Hubbard, James) |
| Motions terminated: #126 MOTION to Strike the Affidavit of Karen Kupersmith filed by Robertson Stephens, Inc., Robertson Stephens Group, Inc., FleetBoston Financial Corp., #88 Proposed MOTION for Order to Confirming Arbitration Award and Entry of Judgment filed by Robertson Stephens, Inc., Robertson Stephens Group, Inc., FleetBoston Financial Corp.. (Folan, Karen) |
| Filing 141 NOTICE of Withdrawal of Appearance by Cynthia M. Guizzetti (Guizzetti, Cynthia) |
| Motions terminated: #134 MOTION for Leave to File a Surreply Memorandum of Law in Further Opposition to Counterdefendants' Motion for Partial Summary Judgment and Plaintiffs' Motion to Confirm Arbitration Award filed by All Defendants, #133 MOTION for Leave to File a Surreply in Further Support of Their Opposition to Counterdefendants' Motion to Dismiss the First Amended Counterclaim filed by All Defendants. (Folan, Karen) |
| Filing 140 ANSWER to Complaint FIRST AMENDED COUNTERCLAIM by FleetBoston Financial Corp., Robertson Stephens Group, Inc..(Downey, Alicia) |
| Filing 139 Senior Judge Edward F. Harrington: MEMORANDUM AND ORDER entered granting #91 Motion for Summary Judgment; denying #95 Motion to Dismiss. (Folan, Karen) |
| Filing 138 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
| Filing 137 Transcript of Motion Hearing held on July 23, 2008, before Judge Harrington. Court Reporter: Helana E. Klein at 508/525-7769. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 8/18/2008. Redacted Transcript Deadline set for 8/27/2008. Release of Transcript Restriction set for 10/27/2008. (Scalfani, Deborah) |
| Electronic Clerk's Notes for proceedings held before Senior Judge Edward F. Harrington: Motion Hearing held on 7/23/2008 re #86 MOTION To Confirm Arbitration Award And Enter Judgment in Bar of All but the Seventh and Eighth Claims for Relief filed by Robertson Stephens, Inc., Robertson Stephens Group, Inc., FleetBoston Financial Corp., #91 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56, for Partial Summary Judgment on the Bases of Claim Preclusion, Judicial Estoppel, Invited Error, and Payment filed by Robertson Stephens Group, Inc., FleetBoston Financial Corp., #95 MOTION to Dismiss the First Amended Counterclaim Pursuant to Fed.R.Civ.P. 12(b)(6) filed by Robertson Stephens Group, Inc., FleetBoston Financial Corp. Motion hearing held. Oral arguments by both parties. Court takes matter under advisement.(Court Reporter: Kline.)(Attorneys present: McChesney, Downey, Todd, Hubbard, Grenert) (Folan, Karen) |
| Filing 136 Senior Judge Edward F. Harrington: ORDER entered granting #86 Motion to confirm arbitration award. (Folan, Karen) |
| Filing 135 MEMORANDUM in Opposition re #126 MOTION to Strike the Affidavit of Karen Kupersmith filed by All Defendants. (Hubbard, James) |
| Filing 134 MOTION for Leave to File a Surreply Memorandum of Law in Further Opposition to Counterdefendants' Motion for Partial Summary Judgment and Plaintiffs' Motion to Confirm Arbitration Award by All Defendants. (Attachments: #1 Exhibit A)(Hubbard, James) |
| Filing 133 MOTION for Leave to File a Surreply in Further Support of Their Opposition to Counterdefendants' Motion to Dismiss the First Amended Counterclaim by All Defendants. (Attachments: #1 Exhibit A)(Hubbard, James) |
| Filing 132 REPLY to Response to #86 MOTION To Confirm Arbitration Award And Enter Judgment in Bar of All but the Seventh and Eighth Claims for Relief, #91 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56, for Partial Summary Judgment on the Bases of Claim Preclusion, Judicial Estoppel, Invited Error, and Payment filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (McChesney, S.) |
| Filing 131 REPLY to Response to #95 MOTION to Dismiss the First Amended Counterclaim Pursuant to Fed.R.Civ.P. 12(b)(6) filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Downey, Alicia) |
| Filing 130 REPLY to Response to #89 MOTION to Seal Unredacted NYSE/FINRA Arbitration Record filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (McChesney, S.) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #125 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #128 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #100 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 129 Statement of Material Facts L.R. 56.1 re #128 MOTION for Leave to File A Combined Reply in Further Support of Their Motions to Confirm the Arbitration Award and Enter Judgment in Bar of All But the Seventh and Eighth Claims for Relief and for Partial Summary Judgment on the Bases of Claim Prec Counterdefendants' Response to Counterplaintiffs' Local Rule 56.1 Statement filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Attachments: #1 Exhibit ExhibitA)(McChesney, S.) |
| Filing 128 MOTION for Leave to File A Combined Reply in Further Support of Their Motions to Confirm the Arbitration Award and Enter Judgment in Bar of All But the Seventh and Eighth Claims for Relief and for Partial Summary Judgment on the Bases of Claim Preclusion, Judicial Estoppel, Invited Error, and Payment by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (Attachments: #1 Exhibit Exhibit A)(McChesney, S.) |
| Filing 127 MEMORANDUM in Support re #126 MOTION to Strike the Affidavit of Karen Kupersmith filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (McChesney, S.) |
| Filing 126 MOTION to Strike the Affidavit of Karen Kupersmith by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc..(McChesney, S.) |
| Filing 125 MOTION for Leave to File A Reply In Further Support of Their Motion to Dismiss the First Amended Counterclaim Pursuant to Fed.R.Civ.P. 12(b)(6) by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Attachments: #1 Exhibit Exhibit A)(McChesney, S.) |
| Electronic Clerk's Notes for proceedings held before Senior Judge Edward F. Harrington: Scheduling Conference held on 6/30/2008, Colloquy re: nature of case. Court accepts joint statement. Set Deadlines/Hearing as to #91 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56, for Partial Summary Judgment on the Bases of Claim Preclusion, Judicial Estoppel, Invited Error, and Payment :( Motion Hearing set for 7/23/2008 10:00 AM before Senior Judge Edward F. Harrington.). (Attorneys present: McChesney, Downey, Todd, Hubbard, Peters) (Folan, Karen) |
| Filing 124 CERTIFICATION pursuant to Local Rule 16.1 by All Defendants.(Hubbard, James) |
| Filing 123 JOINT SUBMISSION pursuant to Local Rule 16.1 by FleetBoston Financial Corp., Robertson Stephens Group, Inc., All Defendants, Robertson Stephens, Inc..(McChesney, S.) |
| Filing 122 CERTIFICATION pursuant to Local Rule 16.1 by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc..(Downey, Alicia) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #113 Motion for Leave to Appear Pro Hac Vice; Added Michael E. Grenert for Vincent Bowen, III, Richard A. Brand, Clark Callander, Georgene Carambat, Michael Casey, Jeffrey W. Colin, Alex Dean, Christopher Dodge, David Fullerton, Philip Gardner, Jonathan Goldman, Christopher W. Greer, Tony Haertl, Gregory C. Holmes, Frederick M. Hughes, Daniel Hurwitz, Andrew Kaye, Maureen McCarthy, Kevin McGinty, Todd H. McWilliams, Samuel A. Morse, Agnes Murphy, Diane P. Murphy, David O', Brian, Joseph Piazza, Michael P. Perrella, Larry Rehmer, David Reilly, John T. Rossi, Mark J. Salter, Scott Scharfman, Allen Smith, Scott Sullivan, Steven Tishman, Ted E. Tobiason, Daniel P. White, III, Jeff Winaker, New York Stock Exchange, Inc., Eric E. Alt, Michael Barr, J. J. Beaghan, Brian S. Bean and Charles Bolton. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms. (Folan, Karen) |
| Judge Senior Judge Edward F. Harrington: ELECTRONIC ENDORSEMENT approving #115 Stipulation of Dismissal filed by All Defendants (Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #117 Motion for Leave to File Excess Pages (Folan, Karen) |
| Filing 121 MEMORANDUM in Opposition re #95 MOTION to Dismiss the First Amended Counterclaim Pursuant to Fed.R.Civ.P. 12(b)(6) filed by All Defendants. (Hubbard, James) |
| Filing 120 Statement of Material Facts L.R. 56.1 re #91 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56, for Partial Summary Judgment on the Bases of Claim Preclusion, Judicial Estoppel, Invited Error, and Payment filed by All Defendants. (Hubbard, James) |
| Filing 119 DECLARATION re #118 Memorandum in Opposition to Motion, #116 Opposition to Motion of Jeffrey L. Liddle and Exhibits Thereto by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 - part 1, #5 Exhibit 4 - part 2, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 28, #28 Exhibit 29, #29 Errata 30, #30 Exhibit 31, #31 Exhibit 33 - part 1, #32 Exhibit 33 - part 2, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43, #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48, #48 Exhibit 49, #49 Exhibit 26, #50 Exhibit 27, #51 Exhibit 32)(Hubbard, James) |
| Filing 118 MEMORANDUM in Opposition re #91 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56, for Partial Summary Judgment on the Bases of Claim Preclusion, Judicial Estoppel, Invited Error, and Payment, #117 Assented to MOTION for Leave to File Excess Pages In Opposition to Counterdefendants' Motion for Partial Summary Judgment filed by All Defendants. (Hubbard, James) |
| Filing 117 Assented to MOTION for Leave to File Excess Pages In Opposition to Counterdefendants' Motion for Partial Summary Judgment by All Defendants.(Hubbard, James) |
| Filing 116 Opposition re #86 MOTION To Confirm Arbitration Award And Enter Judgment in Bar of All but the Seventh and Eighth Claims for Relief filed by All Defendants. (Hubbard, James) |
| Filing 115 STIPULATION of Dismissal of Counterplaintiffs' Eleventh Claim for Relief With Prejudice by All Defendants. (Hubbard, James) |
| Filing 114 AFFIDAVIT in Support re #113 MOTION for Leave to Appear Pro Hac Vice for admission of Michael E. Grenert Filing fee $ 50, receipt number 01010000000001994624.. (Peters, Kevin) |
| Filing 113 MOTION for Leave to Appear Pro Hac Vice for admission of Michael E. Grenert Filing fee $ 50, receipt number 01010000000001994624. by All Defendants.(Peters, Kevin) |
| Filing 112 NOTICE of Appearance by Edward Foye on behalf of All Defendants (Foye, Edward) |
| Filing 111 NOTICE of Appearance by J. Owen Todd on behalf of All Defendants (Todd, J. Owen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #110 Motion for Extension of Time to File opposition. (Folan, Karen) |
| Filing 110 Assented to MOTION for Extension of Time to 6/09/08 to File Opposition to (1) Plaintiffs' Motion to Confirm Arbitration Award and Enter Judgment, (2) Counterdefendants' Motion for Partial Summary Judgment, and (3) Counterdefendants' Motion to Dismiss First Amended Counterclaim by All Defendants.(Hubbard, James) |
| Filing 109 NOTICE of Change of Address or Firm Name by Laura K. Langley (Langley, Laura) |
| Filing 108 Senior Judge Edward F. Harrington: SCHEDULING ORDER entered granting #102 Motion for a scheduling conference. Scheduling conference set for June 30, 2008 at 11:00 a.m. (Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #103 Motion for Leave to Appear Pro Hac Vice of Arthur R. Miller. Atty. Miller must file a notice of appearance to be added to the docket.(Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered denying #106 Motion to Stay discovery. (Folan, Karen) |
| Filing 107 MEMORANDUM in Support re #106 Cross MOTION to Stay Discovery and Opposition to Motion to Convene Local Rule 16.1 Scheduling Conference filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (Downey, Alicia) |
| Filing 106 Cross MOTION to Stay Discovery by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc..(Downey, Alicia) |
| Filing 105 NOTICE of Withdrawal of Appearance by Kevin T. Peters (Peters, Kevin) |
| Filing 104 CERTIFICATE OF SERVICE by All Defendants re #103 MOTION for Leave to Appear Pro Hac Vice for admission of Arthur Miller Filing fee $ 50, receipt number 01010000000001956506.. (Peters, Kevin) |
| Filing 103 MOTION for Leave to Appear Pro Hac Vice for admission of Arthur Miller Filing fee $ 50, receipt number 01010000000001956506. by All Defendants. (Attachments: #1 Attorney Affidavit)(Peters, Kevin) |
| Filing 102 MOTION Defendants/Counterplaintiffs' Motion to Convene Local Rule 16.1 Scheduling Conference by All Defendants.(Peters, Kevin) |
| Filing 101 Arbitration record filed on DVD, FILED UNDER SEAL. (Folan, Karen) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #89 Motion to file unredacted NYSE/FINRA arbitration record under seal. (Folan, Karen) |
| Filing 100 MOTION for Leave to File A Reply in Further Support of Their Motion to File Unredacted NYSE/FINRA Arbitration Record Under Seal by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (Attachments: #1 Exhibit A)(Downey, Alicia) |
| Filing 99 Opposition re #89 MOTION to Seal Unredacted NYSE/FINRA Arbitration Record filed by All Defendants. (Hubbard, James) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #98 Motion for Modification. (Folan, Karen) |
| Filing 98 Assented to MOTION to Modify Briefing Deadlines by All Defendants.(Hubbard, James) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #90 Motion for Leave to File Excess Pages. (Folan, Karen) |
| Filing 97 NOTICE of Withdrawal of Appearance by Anthony E. Fuller (Fuller, Anthony) |
| Filing 96 MEMORANDUM in Support re #95 MOTION to Dismiss the First Amended Counterclaim Pursuant to Fed.R.Civ.P. 12(b)(6) filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (Attachments: #1 Exhibit Cover Page, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P)(McChesney, S.) |
| Filing 95 MOTION to Dismiss the First Amended Counterclaim Pursuant to Fed.R.Civ.P. 12(b)(6) by FleetBoston Financial Corp., Robertson Stephens Group, Inc..(McChesney, S.) |
| Filing 94 DECLARATION re #91 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56, for Partial Summary Judgment on the Bases of Claim Preclusion, Judicial Estoppel, Invited Error, and Payment, #86 MOTION To Confirm Arbitration Award And Enter Judgment in Bar of All but the Seventh and Eighth Claims for Relief by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5A, #6 Exhibit Exhibit 5B, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Exhibit Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26A, #28 Exhibit Exhibit 26B, #29 Exhibit Exhibit 26C, #30 Exhibit Exhibit 26D, #31 Exhibit Exhibit 26E, #32 Exhibit Exhibit 26F, #33 Exhibit Exhibit 26G, #34 Exhibit Exhibit 26H, #35 Exhibit Exhibit 27, #36 Exhibit Exhibit 28, #37 Exhibit Exhibit 29, #38 Exhibit Exhibit 30, #39 Exhibit Exhibit 31, #40 Exhibit Exhibit 32, #41 Exhibit Exhibit 33, #42 Exhibit Exhibit 34, #43 Exhibit Exhibit 35, #44 Exhibit Exhibit 36, #45 Exhibit Exhibit 37A, #46 Exhibit Exhibit 37B, #47 Exhibit Exhibit 38, #48 Exhibit Exhibit 39, #49 Exhibit Exhibit 40, #50 Exhibit Exhibit 41, #51 Exhibit Exhibit 42, #52 Exhibit Exhibit 43, #53 Exhibit Exhibit 44, #54 Exhibit Exhibit 45, #55 Exhibit Exhibit 46, #56 Exhibit Exhibit 47, #57 Exhibit Exhibit 48, #58 Exhibit Exhibit 49, #59 Exhibit Exhibit 50, #60 Exhibit Exhibit 51, #61 Exhibit Exhibit 52, #62 Exhibit Exhibit 53, #63 Exhibit Exhibit 54, #64 Exhibit Exhibit 55, #65 Exhibit Exhibit 56, #66 Exhibit Exhibit 57, #67 Exhibit Exhibit 58, #68 Exhibit Exhibit 59, #69 Exhibit Exhibit 60, #70 Exhibit Exhibit 61, #71 Exhibit Exhibit 62A, #72 Exhibit Exhibit 62B, #73 Exhibit Exhibit 63, #74 Exhibit Exhibit 64, #75 Exhibit Exhibit 65, #76 Exhibit Exhibit 66, #77 Exhibit Exhibit 67, #78 Exhibit Exhibit 68, #79 Exhibit Exhibit 69, #80 Exhibit Exhibit 70, #81 Exhibit Exhibit 71, #82 Exhibit Exhibit 72, #83 Exhibit Exhibit 73, #84 Exhibit Exhibit 74A, #85 Exhibit Exhibit 74B, #86 Exhibit Exhibit 75, #87 Exhibit Exhibit 76, #88 Exhibit Exhibit 77, #89 Exhibit Exhibit 78, #90 Exhibit Exhibit 79, #91 Exhibit Exhibit 80, #92 Exhibit Exhibit 81, #93 Exhibit Exhibit 82, #94 Exhibit Exhibit 83, #95 Exhibit Exhibit 84A, #96 Exhibit Exhibit 84B, #97 Exhibit Exhibit 84C, #98 Exhibit Exhibit 85, #99 Exhibit Exhibit 86, #100 Exhibit Exhibit 87)(McChesney, S.) |
| Filing 93 Statement of Material Facts L.R. 56.1 re #91 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56, for Partial Summary Judgment on the Bases of Claim Preclusion, Judicial Estoppel, Invited Error, and Payment filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (McChesney, S.) |
| Filing 92 MEMORANDUM in Support re #91 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56, for Partial Summary Judgment on the Bases of Claim Preclusion, Judicial Estoppel, Invited Error, and Payment, #90 Assented to MOTION for Leave to File Excess Pages in Support of Counterdefendants' Motion for Partial Summary Judgment filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc.. (McChesney, S.) |
| Filing 91 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56, for Partial Summary Judgment on the Bases of Claim Preclusion, Judicial Estoppel, Invited Error, and Payment by FleetBoston Financial Corp., Robertson Stephens Group, Inc..(McChesney, S.) |
| Filing 90 Assented to MOTION for Leave to File Excess Pages in Support of Counterdefendants' Motion for Partial Summary Judgment by Robertson Stephens Group, Inc..(McChesney, S.) |
| Filing 89 MOTION to Seal Unredacted NYSE/FINRA Arbitration Record by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc..(McChesney, S.) |
| Filing 88 Proposed MOTION for Order to Confirming Arbitration Award and Entry of Judgment by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc..(McChesney, S.) |
| Filing 87 MEMORANDUM in Support re #86 MOTION To Confirm Arbitration Award And Enter Judgment in Bar of All but the Seventh and Eighth Claims for Relief filed by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (Attachments: #1 Exhibit Cover Page, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E1, #7 Exhibit Exhibit E2, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Exhibit Exhibit M, #16 Exhibit Exhibit N, #17 Exhibit Exhibit O)(McChesney, S.) |
| Filing 86 MOTION To Confirm Arbitration Award And Enter Judgment in Bar of All but the Seventh and Eighth Claims for Relief by FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc..(McChesney, S.) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #80 Motion for Modification of pleading schedule. (Folan, Karen) |
| Filing 85 Amended COUNTERCLAIM against All Defendants, filed by All Defendants.(Hubbard, James) |
| Filing 84 NOTICE of Appearance by Laura K. Langley on behalf of FleetBoston Financial Corp., Fleet Securites, Inc, Robertson Stephens Group, Inc., Robertson Stephens, Inc. (Langley, Laura) |
| Filing 83 NOTICE of Appearance by Cynthia M. Guizzetti on behalf of FleetBoston Financial Corp., Fleet Securites, Inc, Robertson Stephens Group, Inc., Robertson Stephens, Inc. (Guizzetti, Cynthia) |
| Filing 82 NOTICE of Appearance by Alicia L. Downey on behalf of FleetBoston Financial Corp., Fleet Securites, Inc, Robertson Stephens Group, Inc., Robertson Stephens, Inc. (Downey, Alicia) |
| Filing 81 NOTICE of Withdrawal of Appearance by Matthew L. Mitchell (Mitchell, Matthew) |
| Filing 80 Joint MOTION to Modify Pleading Schedule by All Defendants.(Hubbard, James) |
| Filing 79 STIPULATION of Dismissal of Fleet Securities, Inc. as Plaintiff and as Counter-Claim Defendant by FleetBoston Financial Corp., Fleet Securites, Inc, Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (McChesney, S.) |
| Filing 78 NOTICE of Voluntary Dismissal by FleetBoston Financial Corp., Fleet Securites, Inc, Robertson Stephens Group, Inc., Robertson Stephens, Inc. (McChesney, S.) |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #77 Motion to modify schedule. (Folan, Karen) |
| Filing 77 Joint MOTION to Modify Schedule ( Responses due by 1/28/2008) by All Defendants.(Peters, Kevin) Modified on 1/15/2008 (Folan, Karen). |
| Senior Judge Edward F. Harrington: Electronic ORDER entered granting #76 Motion to Lift Stay and set schedule. (Folan, Karen) |
| Filing 76 Joint MOTION to Lift Stay and to Set Schedule by Vincent Bowen, III, Richard A. Brand, Clark Callander, Georgene Carambat, Michael Casey, Jeffrey W. Colin, Alex Dean, Christopher Dodge, David Fullerton, Philip Gardner, FleetBoston Financial Corp., Jonathan Goldman, Christopher W. Greer, Tony Haertl, Gregory C. Holmes, Frederick M. Hughes, Daniel Hurwitz, Andrew Kaye, Maureen McCarthy, Kevin McGinty, Todd H. McWilliams, Fleet Securites, Inc, Samuel A. Morse, Agnes Murphy, Robertson Stephens Group, Inc., Robertson Stephens, Inc., Diane P. Murphy, David O'Brian, Joseph Piazza, Michael P. Perrella, Larry Rehmer, David Reilly, John T. Rossi, Mark J. Salter, Scott Scharfman, Allen Smith, Scott Sullivan, Steven Tishman, Ted E. Tobiason, Daniel P. White, III, Jeff Winaker, Eric E. Alt, Michael Barr, J. J. Beaghan, Brian S. Bean, Charles Bolton.(McChesney, S.) Modified on 12/21/2007 (Folan, Karen). |
| Judge Edward F. Harrington : Electronic ORDER entered denying #74 Motion for Order to lift stay. MOTION DENIED AT THIS TIME. cc/cl (Holahan, Sandra) |
| Filing 75 Opposition re #74 MOTION for Order Lifting Stay filed by FleetBoston Financial Corp., Fleet Securites, Inc, Fleet Securites, Inc, FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(McChesney, S.) |
| Filing 74 MOTION for Order Lifting Stay by All Defendants. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Peters, Kevin) |
| Judge Edward F. Harrington : ELECTRONIC ORDER entered denying #72 Motion for Reconsideration. MOTION DENIED. cc/cl (Holahan, Sandra) |
| Filing 73 Opposition re #72 MOTION for Reconsideration re #71 Order on Motion for Clarification, filed by Fleet Securites, Inc, FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (Attachments: #1 Exhibit A (NOT SCANNED))(Holahan, Sandra) |
| Filing 72 MOTION for Reconsideration re #71 Order on Motion for Clarification, by All Defendants. (Attachments: #1 Exhibit 1#2 Exhibit 2)(Holahan, Sandra) |
| Filing 71 Judge Edward F. Harrington : ORDER entered re: #70 Joint Request for Clarification of Court's Order of 4/22/03. WHETHER OR NOT SAID PLAINTIFFS ARE REQUIRED TO SO ARBITRATE IS A DECISION TO BE MADE BY THE UNITED STATES DISTRICT FOR THE SOUTHERN DISTRICT OF NEW YORK. SO ORDERED. See Document #71 for complete Order. cc/cl. (Bell, Marie) |
| Filing 70 Joint MOTION for Clarification by All Defendants, Fleet Securites, Inc, FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (Attachments: #1 Part 2#2 Part 3#3 Part 4)(Bell, Marie) |
| Judge Edward F. Harrington : ELECTRONIC ORDER entered granting #68 Motion for Clarification. JOINT MOTION IS ALLOWED. cc/cl (Holahan, Sandra) |
| Filing 69 NOTICE of Appearance by Matthew L. Mitchell, Anthony E. Fuller, S. Elaine McChesney on behalf of Fleet Securites, Inc, FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc. (Holahan, Sandra) |
| Filing 68 MOTION for Clarification re responsive pleading due to defendants' counterclaim until 60 days after the stay of this matter is removed by All Defendants, Fleet Securites, Inc, FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc..(Holahan, Sandra) |
| Judge Edward F. Harrington : ELTRONIC ORDER entered granting #64 Motion for Leave to File counterclaim. MOTION ALLOWED. cc/cl (Holahan, Sandra) |
| Filing 67 COUNTERCLAIM against Fleet Securites, Inc, FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc. , filed by All Defendants. (Attachments: #1 counterclaim (part 2))(Holahan, Sandra) |
| Filing 66 CERTIFICATE OF CONSULTATION re #64 MOTION for Leave to File counterclaim by Jeffrey Liddle, Kevin T. Peters on behalf of All Defendants. (Holahan, Sandra) |
| Filing 65 MEMORANDUM in Support re #64 MOTION for Leave to File counterclaim filed by All Defendants. (Holahan, Sandra) |
| Filing 64 MOTION for Leave to File counterclaim by All Defendants.(Holahan, Sandra) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Edward F. Harrington : Status Conference held on 5/25/2004. Arbitration continuing in NY case; This case to continued stayed until early 2005; (Court Reporter none.) (Holahan, Sandra) |
| Filing 61 NOTICE of Appearance by James H. Rollinson on behalf of all defendants (Rollinson, James) |
| Judge Edward F. Harrington : ELECTRONIC ORDER entered granting #62 Motion for Leave to Appear Pro Hac Vice Added Jeffrey Liddle for All Defendants. MOTION ALLOWED. cc/cl (Holahan, Sandra) |
| Judge Edward F. Harrington : ELECTRONIC ORDER entered granting #63 Motion for Leave to Appear Pro Hac Vice Added James R. Hubbard for All Defendants. MOTION ALLOWED. cc/cl (Holahan, Sandra) |
| Filing 63 MOTION for Leave to Appear Pro Hac Vice by James R. Hubbard Filing fee $ 50.00, receipt number 56017. by All Defendants.(Holahan, Sandra) |
| Filing 62 MOTION for Leave to Appear Pro Hac Vice by Jeffrey L. Liddle Filing fee $ 50.00, receipt number 56017. by All Defendants.(Holahan, Sandra) |
| Filing 60 NOTICE of Hearing: Status Conference set for 5/25/2004 02:00 PM in Courtroom 19 before Edward F. Harrington. SO ORDERED. cc/cl(Holahan, Sandra) |
| Appeal Record Returned: #55 Notice of Appeal (Ramos, Jeanette) |
| Filing 59 MANDATE of USCA as to #55 Notice of Appeal filed by FleetBoston Financial Corp., Fleet Securites, Inc, Robertson Stephens Group, Inc., Robertson Stephens, Inc. The motion of defendant-appellees is GRANTED. The appeal is DISMISSED for lack of appellate jurisdiction. (Ramos, Jeanette) |
| Filing 58 USCA Judgment as to appeal No. #55 filed by Fleetboston Financial Corp.; Defendant-appellees move to dismiss for lack of appellant jurisdiction plaintiffs' motion to remand to state court; (2) denied defendants' motion to transfer venue; and (3) sua sponte ordered a stay of judicial proceedings pending arbitration. We agree that we lack jurisdiction over the appeal. The motion of defendant-appellees is GRANTED. The appeal is DISMISSED for lack of appellant jurisdiction. (Ramos, Jeanette) |
| Filing 57 USCA Case Number 03-1799 for #55 Notice of Appeal filed by FleetBoston Financial Corp., Fleet Securites, Inc, Robertson Stephens Group, Inc., Robertson Stephens, Inc.. (Ramos, Jeanette) |
| Filing 56 Certified and Transmitted Record on Appeal to US Court of Appeals re #55 Notice of Appeal (Ramos, Jeanette) |
| Filing 55 NOTICE OF APPEAL by Fleet Securites, Inc, FleetBoston Financial Corp., Robertson Stephens Group, Inc., Robertson Stephens, Inc.. Filing fee $ 105, receipt number 47553. Appeal Record due by 6/11/2003. (Holahan, Sandra) |
| Filing 54 Senior Judge Edward F. Harrington. Memorandum entered re: Plaintiffs' motion to remand and defendants' motion to transfer venue. (see document #54 for complete Memorandum) cc/cl [EOD Date 5/9/03] (seh) |
| Filing 52 Return of service executed as to NYSE with service on 3/27/03 filed. Answer due on 4/16/03 for NYSE (seh) |
| Filing 51 Return of service executed as to Jeff Winaker with service on 3/27/03 filed. Answer due on 4/16/03 for Jeff Winaker (seh) |
| Filing 50 Return of service executed as to Daniel P. White III with service on 3/27/03 filed. Answer due on 4/16/03 for Daniel P. White III (seh) |
| Filing 49 Return of service executed as to Ted E. Tobiason with service on 3/27/03 filed. Answer due on 4/16/03 for Ted E. Tobiason (seh) |
| Filing 48 Return of service executed as to Steven Tishman with service on 3/27/03 filed. Answer due on 4/16/03 for Steven Tishman (seh) |
| Filing 47 Return of service executed as to Scott Sullivan with service on 3/26/03 filed. Answer due on 4/15/03 for Scott Sullivan (seh) |
| Filing 46 Return of service executed as to Allen Smith with service on 3/30/03 filed. Answer due on 4/19/03 for Allen Smith (seh) |
| Filing 45 Return of service executed as to Scott Scharfman with service on 3/27/03 filed. Answer due on 4/16/03 for Scott Scharfman (seh) |
| Filing 44 Return of service executed as to Mark J. Salter with service on 3/27/03 filed. Answer due on 4/16/03 for Mark J. Salter (seh) |
| Filing 43 Return of service executed as to John T. Rossi with service on 3/27/03 filed. Answer due on 4/16/03 for John T. Rossi (seh) |
| Filing 42 Return of service executed as to David Reilly with service on 3/28/03 filed. Answer due on 4/17/03 for David Reilly (seh) |
| Filing 41 Return of service executed as to Larry Rehmer with service on 3/27/03 filed. Answer due on 4/16/03 for Larry Rehmer (seh) |
| Filing 40 Return of service executed as to Joseph Piazza with service on 3/27/03 filed. Answer due on 4/16/03 for Joseph Piazza (seh) |
| Filing 39 Return of service executed as to Michael P. Perrella with service on 3/27/03 filed. Answer due on 4/16/03 for Michael P. Perrella (seh) |
| Filing 38 Return of service executed as to David O'Brian with service on 3/26/03 filed. Answer due on 4/15/03 for David O'Brian (seh) |
| Filing 37 Return of service executed as to Diane P. Murphy with service on 3/27/03 filed. Answer due on 4/16/03 for Diane P. Murphy (seh) |
| Filing 36 Return of service executed as to Agnes Murphy with service on 3/28/03 filed. Answer due on 4/17/03 for Agnes Murphy (seh) |
| Filing 35 Return of service executed as to Samuel A. Morse with service on 3/26/03 filed. Answer due on 4/15/03 for Samuel A. Morse (seh) |
| Filing 34 Return of service executed as to Todd H. McWilliams with service on 3/27/03 filed. Answer due on 4/16/03 for Todd H. McWilliams (seh) |
| Filing 33 Return of service executed as to Kevin McGinty with service on 3/26/03 filed. Answer due on 4/15/03 for Kevin McGinty (seh) |
| Filing 32 Return of service executed as to Maureen McCarthy with service on 3/27/03 filed. Answer due on 4/16/03 for Maureen McCarthy (seh) |
| Filing 31 Return of service executed as to Daniel Hurwitz with service on 3/27/03 filed. Answer due on 4/16/03 for Daniel Hurwitz (seh) |
| Filing 30 Return of service executed as to Frederick M. Hughes with service on 3/27/03 filed. Answer due on 4/16/03 for Frederick M. Hughes (seh) |
| Filing 29 Return of service executed as to Gregory C. Holmes with service on 3/27/03 filed. Answer due on 4/16/03 for Gregory C. Holmes (seh) |
| Filing 28 Return of service executed as to Tony Haertl with service on 3/27/03 filed. Answer due on 4/16/03 for Tony Haertl (seh) |
| Filing 27 Return of service executed as to Christopher W. Greer with service on 3/27/03 filed. Answer due on 4/16/03 for Christopher W. Greer (seh) |
| Filing 26 Return of service executed as to Jonathan Goldman with service on 3/27/03 filed. Answer due on 4/16/03 for Jonathan Goldman (seh) |
| Filing 25 Return of service executed as to Philip Gardner with service on 3/27/03 filed. Answer due on 4/16/03 for Philip Gardner (seh) |
| Filing 24 Return of service executed as to David Fullerton with service on 3/27/03 filed. Answer due on 4/16/03 for David Fullerton (seh) |
| Filing 23 Return of service executed as to Christopher Dodge with service on 3/27/03 filed. Answer due on 4/16/03 for Christopher Dodge (seh) |
| Filing 22 Return of service executed as to Jeffrey W. Colin with service on 3/27/03 filed. Answer due on 4/16/03 for Jeffrey W. Colin (seh) |
| Filing 21 Return of service executed as to Michael Casey with service on 3/27/03 filed. Answer due on 4/16/03 for Michael Casey (seh) |
| Filing 20 Return of service executed as to Georgene Carambat with service on 3/27/03 filed. Answer due on 4/16/03 for Georgene Carambat (seh) |
| Filing 19 Return of service executed as to Clark Callander with service on 3/27/03 filed. Answer due on 4/16/03 for Clark Callander (seh) |
| Filing 18 Return of service executed as to Richard A. Brand with service on 3/28/03 filed. Answer due on 4/17/03 for Richard A. Brand (seh) |
| Filing 17 Return of service executed as to Vincent Bowen III with service on 3/27/03 filed. Answer due on 4/16/03 for Vincent Bowen III (seh) |
| Filing 16 Return of service executed as to Charles Bolton with service on 3/27/03 filed. Answer due on 4/16/03 for Charles Bolton (seh) |
| Filing 15 Return of service executed as to Brian S. Bean with service on 3/27/03 filed. Answer due on 4/16/03 for Brian S. Bean (seh) |
| Filing 14 Return of service executed as to J. J. Beaghan with service on 4/2/03 filed. Answer due on 4/22/03 for J. J. Beaghan (seh) |
| Filing 13 Return of service executed as to Michael Barr with service on 3/27/03 filed. Answer due on 4/16/03 for Michael Barr (seh) |
| Filing 12 Return of service executed as to Eric E. Alt with service on 3/27/03 filed. Answer due on 4/16/03 for Eric E. Alt (seh) |
| Filing 53 Fax Letter from Laurence S. Moy dated: April 25, 2003 to: Honorable Edward F. Harrington re: Court's order of 4/23/03, filed. (sat) |
| Filing 11 Response by All Defendants in opposition to [7-1] motion to remand to Suffolk Superior Court , filed. (seh) |
| Filing 10 Senior Judge Edward F. Harrington . Order entered denying [4-1] motion to transfer venue, denying [7-1] motion to remand to Suffolk Superior Court. The Court ORDERS this case STAYED pending a final resolution of the case between the parties pending in the U.S.D.C. for the Southern District of NY. SO ORDERED. cc/cl [EOD Date 4/22/03] (seh) |
| Filing 9 Response by FleetBoston Financia, Fleet Securites, Inc, Robertson Stephens G, Robertson Stephens I in opposition to [4-1] motion to transfer venue , filed. (seh) |
| Filing 8 Memorandum by FleetBoston Financia, Fleet Securites, Inc, Robertson Stephens G, Robertson Stephens I in support of [7-1] motion to remand to Suffolk Superior Court, filed; c/s. (sat) |
| Filing 7 Motion by FleetBoston Financia, Fleet Securites, Inc, Robertson Stephens G, Robertson Stephens I to remand to Suffolk Superior Court , filed; c/s. (sat) |
| Filing 6 Certificate of Consultation re: [4-1] motion to transfer venue, filed; c/s. (sat) |
| Filing 5 Memorandum by All Defendants in support of [4-1] motion to transfer venue, filed; c/s. (sat) |
| Filing 4 Motion by All Defendants to transfer venue , filed. (sat) |
| Filing 3 Senior Judge Edward F. Harrington. Notice of Hearing/conference: set scheduling conference for 2:00 6/10/03 . Notice sent to counsel on 4/8/03. (sat) |
| Filing 2 State Court Record (certified copy), filed. Service in state court on n/a; Answer filed in state court on n/a (seh) |
| Filing 1 Notice of Removal filed. Received from: Suffolk Superior; State Court Docket #: CA 03-01378. Assigned to: Judge Harrington Receipt #: 46117 Amount: $ 150.00. Fee status: paid (seh) |
| Case assigned to to Mag. Judge Judith G. Dein for any future references (seh) |
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