Berenson et al v. National Financial Services LLP et al
Plaintiff: Joan Berenson and David Berenson
Defendant: Fidelity Brokerage Services LLC, Does 1-50 and National Financial Services LLP
Case Number: 1:2004cv11311
Filed: June 10, 2004
Court: US District Court for the District of Massachusetts
Presiding Judge: William G Young
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1692
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 8, 2008. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 8, 2008 Filing 99 STIPULATION of Dismissal with Prejudice by Fidelity Brokerage Services LLC, National Financial Services LLP. (Cole, David)
May 24, 2007 E-Mail Notice re notice of appeal record returned originally issued on 5/22/07 returned as undeliverable. Name of Addressee: Kenneth McWilliams. The ECF Help Desk has contacted the law firm, who advised that the attorney is no longer employed by that office. The attorney's email address has been removed from the ECF database to prevent the return of additional undeliverable email notices. (Jones, Sherry)
May 22, 2007 Appeal Record Returned: #92 Notice of Appeal, (Ramos, Jeanette)
May 18, 2007 Filing 98 MANDATE of USCA as to #92 Notice of Appeal, filed by Fidelity Brokerage Services LLC, National Financial Services LLP. This cause came on 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 appeal is dismissed for lack of jurisdiction. (Mandate issue in the USCA 5/18/2007) (Ramos, Jeanette)
August 21, 2006 Filing 97 NOTICE of Change of Address by Susan E. Stenger and Change of Firm Name (Stenger, Susan)
June 1, 2006 Filing 96 NOTICE of Withdrawal of Appearance by William W Fick (Fick, William)
January 25, 2006 Filing 95 NOTICE by Joan Berenson, David Berenson of Change of Firm Name (Stenger, Susan)
January 24, 2006 Filing 94 USCA Case Number 06-1112 for #92 Notice of Appeal, filed by Fidelity Brokerage Services LLC, National Financial Services LLP,. (Ramos, Jeanette)
January 11, 2006 Filing 93 Certified and Transmitted Record on Appeal to US Court of Appeals re #92 Notice of Appeal, (Ramos, Jeanette)
December 1, 2005 Filing fee: $ 255.00, receipt number 68569 regarding Notice of Appeal (Bell, Marie)
November 30, 2005 Filing 92 NOTICE OF APPEAL by Fidelity Brokerage Services LLC, National Financial Services LLP. $ 255 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. Appeal Record due by 12/20/2005. (Shope, John)
November 28, 2005 Judge William G. Young : Electronic ORDER entered denying #90 Motion for Reconsideration or to Certify for Interlocutory Appeal or Alternatively to Vacate. cc/cl. (Bell, Marie)
November 23, 2005 Filing 91 MEMORANDUM in Support re #90 MOTION for Reconsideration or to Certify for Interlocutory Appeal or Alternatively to Vacate filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
November 23, 2005 Filing 90 MOTION for Reconsideration or to Certify for Interlocutory Appeal or Alternatively to Vacate by Fidelity Brokerage Services LLC, National Financial Services LLP.(Shope, John)
October 31, 2005 Filing 89 Judge William G. Young : ORDER entered. MEMORANDUM AND OPINION(Smith, Bonnie)
August 22, 2005 Filing 88 Judge William G. Young : Electronic ORDER ADMINISTRATIVELY CLOSING THE CASE entered. (Smith, Bonnie)
August 22, 2005 Judge William G. Young : Electronic ORDER entered granting #82 Motion to Compel Arbitration (Smith, Bonnie)
August 22, 2005 Civil Case Terminated. (Smith, Bonnie)
August 12, 2005 Filing 87 REPLY to Response to Motion re #82 MOTION to Compel Arbitration and to Dismiss filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
August 12, 2005 Judge William G. Young : Electronic ORDER entered granting #86 Motion for Leave to File a Reply Memorandum. cc/cl. (Bell, Marie)
August 11, 2005 Filing 86 MOTION for Leave to File a Reply Memorandum by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Exhibit A - Proposed Reply Memorandum)(Shope, John)
August 10, 2005 Filing 85 RESPONSE to Motion re #82 MOTION to Compel Arbitration and to Dismiss filed by Joan Berenson, David Berenson. (Attachments: #1 Exhibit One)(Rubel, Douglas)
August 8, 2005 Filing 84 Exhibit/Witness List submitted pursuant to Fed. R. Civ. P. 26(a)(3) and L.R. 16.5(C) by Fidelity Brokerage Services LLC, National Financial Services LLP.. (Shope, John)
August 5, 2005 Filing 83 MEMORANDUM in Support re #82 MOTION to Compel Arbitration and to Dismiss filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4)(Shope, John)
August 5, 2005 Filing 82 MOTION to Compel Arbitration and to Dismiss by Fidelity Brokerage Services LLC, National Financial Services LLP.(Shope, John)
July 22, 2005 Filing 81 NOTICE OF RESCHEDULING Final Pretrial Conference RESET for TUE. 9/6/2005 02:00 PM in Courtroom 18 before Chief Judge William G. Young. (Smith, Bonnie)
July 14, 2005 Filing 80 Judge William G. Young : Electronic ORDER entered. PROCEDURAL ORDER re pretrial/trial Final Pretrial Conference set for 9/7/2005 09:00 AM in Courtroom 18 before Chief Judge William G. Young. Jury Trial set for no sooner than 9/12/2005 09:00 AM in Courtroom 18 before Chief Judge William G. Young.(Smith, Bonnie)
July 13, 2005 Motions terminated: #24 MOTION for Partial Summary Judgment on EFTA Count Barred by Statute of Limitations filed by Fidelity Brokerage Services LLC,, National Financial Services LLP,, #21 First MOTION to Certify Class filed by Joan Berenson,, David Berenson,. (Smith, Bonnie)
July 13, 2005 Filing 79 Judge William G. Young : ORDER entered granting in part and denying in part #60 Motion for Summary Judgment. AN OPINION TO FOLLOW SHORTLY. SO ORDERED. cc/cl. (Bell, Marie)
June 27, 2005 Filing 78 Amended Opposition re #60 MOTION for Summary Judgment filed by Joan Berenson, David Berenson. (Rubel, Douglas)
June 24, 2005 Filing 77 REPLY to Response to Motion re #60 MOTION for Summary Judgment On All Remaining Claims filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Exhibit 1)(Shope, John)
June 24, 2005 Judge William G. Young : Electronic ORDER entered granting #76 Motion for Leave to File a Reply Memorandum in Support of Motion for Summary Judgment on all Remaining Claims. cc/cl. (Bell, Marie)
June 23, 2005 Filing 76 MOTION for Leave to File Reply Memorandum by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Exhibit A - Proposed Reply Memorandum#2 Exhibit 1 to Proposed Reply Memorandum)(Shope, John)
June 22, 2005 Filing 75 APPENDIX re #72 Response to defendant's Statement of Undisputed Facts by Joan Berenson, David Berenson (Bell, Marie)
June 22, 2005 Filing 74 APPENDIX re #72 Response to defendant's Previously-filed #65 Statement of Undisputed Facts by Joan Berenson, David Berenson. (Bell, Marie)
June 16, 2005 Filing 73 APPENDIX re #72 Response to Statement of Undisputed Facts by Joan Berenson, David Berenson. (Bell, Marie)
June 10, 2005 Filing 72 Response by Joan Berenson, David Berenson to #62 Statement of facts. (Rubel, Douglas)
June 10, 2005 Filing 71 Opposition re #60 MOTION for Summary Judgment filed by Joan Berenson, David Berenson. (Rubel, Douglas)
June 7, 2005 Judge William G. Young : Electronic ORDER entered denying #46 Motion to Compel, denying #48 Motion for Extension of Time to Complete Discovery, denying #52 Motion to Compel, denying #58 Motion to Compel, denying #64 Motion to Seal. cc/cl. (Bell, Marie)
June 6, 2005 Filing 70 REPLY to Response to Motion re #52 MOTION to Compel filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
June 6, 2005 Judge William G. Young : Electronic ORDER entered granting #69 Motion for Leave to File Reply brief (Smith, Bonnie)
May 31, 2005 Filing 69 MOTION for Leave to File Reply Memorandum by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Exhibit A - Proposed Reply Memorandum)(Shope, John)
May 26, 2005 Filing 68 APPENDIX-VOLUME III re #60 MOTION for Summary Judgment by Fidelity Brokerage Services LLC, National Financial Services LLP. (Bell, Marie)
May 26, 2005 Filing 67 APPENDIX-VOLUME II re #60 MOTION for Summary Judgment by Fidelity Brokerage Services LLC, National Financial Services LLP. (Bell, Marie)
May 26, 2005 Filing 66 APPENDIX-VOLUME I re #60 MOTION for Summary Judgment by Fidelity Brokerage Services LLC, National Financial Services LLP. (Bell, Marie)
May 26, 2005 Filing 65 STATEMENT of facts in Response to Defendants' First Statement of Undisputed Facts. (Attachments: #1 Exhibit One#2 Exhibit Six#3 Exhibit Seven)(Rubel, Douglas)
May 26, 2005 Filing 64 MOTION to Seal Exhibits by Joan Berenson, David Berenson.(Rubel, Douglas)
May 26, 2005 Filing 63 NOTICE by Fidelity Brokerage Services LLC, National Financial Services LLP re #60 MOTION for Summary Judgment Notice of Filing Appendix in Hard Copy with Clerk's Office (Shope, John)
May 26, 2005 Filing 62 STATEMENT of facts re #60 MOTION for Summary Judgment. (Shope, John)
May 26, 2005 Filing 61 MEMORANDUM in Support re #60 MOTION for Summary Judgment filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
May 26, 2005 Filing 60 MOTION for Summary Judgment by Fidelity Brokerage Services LLC, National Financial Services LLP.(Shope, John)
May 25, 2005 Motion terminated: #57 Second MOTION to Compel filed by Joan Berenson,, David Berenson,. MOTION FILED INCORRECTLY. SEE DOCUMENT #'S 58 AND 59. (Bell, Marie)
May 24, 2005 Filing 59 Amended MEMORANDUM in Support re #58 Amended MOTION to Compel filed by Joan Berenson, David Berenson. (Attachments: #1 Exhibit One#2 Exhibit Two#3 Exhibit Three#4 Exhibit Four#5 Exhibit Five)(Rubel, Douglas)
May 24, 2005 Filing 58 Amended MOTION to Compel by Joan Berenson, David Berenson.(Rubel, Douglas)
May 24, 2005 Filing 57 Second MOTION to Compel by Joan Berenson, David Berenson. (Attachments: #1 Exhibit One#2 Exhibit Two#3 Exhibit Three#4 Exhibit Four#5 Exhibit Five)(Rubel, Douglas)
May 24, 2005 Filing 56 Opposition re #52 MOTION to Compel filed by Joan Berenson, David Berenson. (Attachments: #1 Exhibit One#2 Exhibit Two#3 Exhibit Three#4 Exhibit Four#5 Exhibit Five)(Rubel, Douglas)
May 20, 2005 Filing 55 Opposition re #48 Emergency MOTION for Extension of Time to 6/13/2005 to Complete Discovery for CheckFree Deposition filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Exhibit A - D)(Shope, John)
May 18, 2005 Filing 54 AFFIDAVIT of Nicholas C. Theodorou in Support re #52 MOTION to Compel filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Errata 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11)(Theodorou, Nicholas)
May 18, 2005 Filing 53 MEMORANDUM in Support re #52 MOTION to Compel filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Theodorou, Nicholas)
May 18, 2005 Filing 52 MOTION to Compel by Fidelity Brokerage Services LLC, National Financial Services LLP.(Theodorou, Nicholas)
May 17, 2005 Judge William G. Young : Electronic ORDER entered granting #50 Motion for Leave to File Reply Brief. cc/cl. (Bell, Marie)
May 16, 2005 Filing 51 REPLY to Response to Motion re #46 MOTION to Compel Responses to Discovery, for Sanctions, to Enlarge Discovery and Expert Witness Deadline filed by Joan Berenson, David Berenson. (Rubel, Douglas)
May 16, 2005 Filing 50 MOTION for Leave to File Reply Brief by Joan Berenson, David Berenson. (Attachments: #1 Reply Brief)(Rubel, Douglas)
May 13, 2005 Filing 49 First Opposition re #46 MOTION to Compel Responses to Discovery, for Sanctions, to Enlarge Discovery and Expert Witness Deadline filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O#16 Exhibit P#17 Exhibit Q#18 Exhibit R#19 Exhibit S)(Cole, David)
May 13, 2005 Filing 48 Emergency MOTION for Extension of Time to 6/13/2005 to Complete Discovery for CheckFree Deposition by Joan Berenson, David Berenson.(Rubel, Douglas)
May 4, 2005 Judge William G. Young : Electronic ORDER entered granting #45 Motion for Extension of Time...Discovery is extended until 5/13/05. The filing of ALL dispositive motions is extended to 5/26/05. There will be no other continuances.cc/cl (Smith, Bonnie)
April 29, 2005 Filing 47 MEMORANDUM in Support re #46 MOTION to Compel Responses to Discovery, for Sanctions, to Enlarge Discovery and Expert Witness Deadline filed by Joan Berenson, David Berenson. (Attachments: #1 Exhibit Letter dated April 3, 2005#2 Exhibit Letter dated April 8, 2005)(McWilliams, Kenneth)
April 29, 2005 Filing 46 MOTION to Compel Responses to Discovery, for Sanctions, to Enlarge Discovery and Expert Witness Deadline by Joan Berenson, David Berenson.(McWilliams, Kenneth)
April 28, 2005 Filing 45 MOTION for Extension of Time to (1) 05/13/2005 and (2) 05/26/2005 to (1) complete third party discovery and (2) file dispositive motions filed on behalf of named plaintiffs and named defendants by Fidelity Brokerage Services LLC, National Financial Services LLP.(Cole, David)
March 18, 2005 Filing 44 ANSWER to Complaint by Fidelity Brokerage Services LLC, National Financial Services LLP.(Shope, John)
March 7, 2005 Filing 43 TRANSCRIPT of Proceedings held on 3/3/05 before Judge YOUNG. Court Reporter: WOMACK. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Smith, Bonnie)
March 3, 2005 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Motion Hearing held on 3/3/2005 re #24 MOTION for Partial Summary Judgment on EFTA Count Barred by Statute of Limitations filed by Fidelity Brokerage Services LLC,, National Financial Services LLP,. After hearing, the Motion for Summary Judgement is Allowed as to statute of limitation concerning nondisclosure of fees, Denied as to statute concerning settlement of errors. Supplemental briefs are due by May 12, 2005. Deft has 10 days to file answer. (Court Reporter Womack.) (Smith, Bonnie)
March 3, 2005 Filing 42 APPENDIX/EXHIBIT re #41 Reply to Response to Motion [Copy of Houck case inadvertently omitted] by Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
February 28, 2005 Filing 41 REPLY to Response to Motion re #24 MOTION for Partial Summary Judgment on EFTA Count Barred by Statute of Limitations filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
February 23, 2005 Filing 40 REDACTED APPENDIX Volume III re #27 Memorandum in Opposition to Motion for Class Certification by Joan Berenson, David Berenson. c/s. (Bell, Marie)
February 22, 2005 Filing 39 Opposition re #24 MOTION for Partial Summary Judgment on EFTA Count Barred by Statute of Limitations filed by Joan Berenson, David Berenson. (McWilliams, Kenneth)
February 18, 2005 Filing 38 TRANSCRIPT of Proceedings held on 2/16/05 before Judge YOUNG. Court Reporter: WOMACK. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Smith, Bonnie)
February 16, 2005 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Motion Hearing held on 2/16/2005 re #21 First MOTION to Certify Class filed by Joan Berenson,, David Berenson,. After the hearing the court denies the motion to dismiss that is under advisement and defers ruling on the motion to certify the class until after the trial in September. (Court Reporter Womack.) (Smith, Bonnie)
February 16, 2005 Judge William G. Young : Electronic ORDER entered denying #30 Second Motion to Seal. cc/cl. (Bell, Marie)
February 16, 2005 Filing 37 First REPLY to Response to Motion re #21 First MOTION to Certify Class filed by Joan Berenson, David Berenson. (Attachments: #1 #2)(McWilliams, Kenneth)
February 16, 2005 Filing 36 MEMORANDUM in Opposition re #35 MOTION for Leave to File Reply to Defendants' Opposition to Motion For Class Certification filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
February 16, 2005 Judge William G. Young : Electronic ORDER entered granting #35 Motion for Leave to File. cc/cl. (Bell, Marie)
February 15, 2005 Filing 35 MOTION for Leave to File Reply to Defendants' Opposition to Motion For Class Certification by Joan Berenson, David Berenson. (Attachments: #1 #2 #3)(McWilliams, Kenneth)
February 15, 2005 NOTICE of Hearing on Motion #24 MOTION for Partial Summary Judgment on EFTA Count Barred by Statute of Limitations: Motion Hearing set for 3/3/2005 02:00 PM before Chief Judge William G. Young. Opposition is due by 2/22/05. Reply brief, if any, is due by 2/28/05. The hearing will be heard at BOSTON UNIVERSITY LAW SCHOOL, LAW AUDITORIUM,GROUND FLOOR, 765 COMMONWEALTH AVE., BOSTON.(Smith, Bonnie)
February 14, 2005 Filing 34 REDACTED APPENDIX - VOLUME II re #27 Memorandum in Opposition to Motion by Fidelity Brokerage Services LLC, National Financial Services LLP. (Bell, Marie)
February 14, 2005 Filing 33 REDACTED APPENDIX - VOLUME I re #27 Memorandum in Opposition to Motion by Fidelity Brokerage Services LLC, National Financial Services LLP. (Bell, Marie)
February 14, 2005 Filing 32 NOTICE by Fidelity Brokerage Services LLC, National Financial Services LLP Notice of Manual Filing with Clerk's Office (Shope, John)
February 11, 2005 Filing 31 AFFIDAVIT in Support re #30 Second MOTION to Seal Pursuant to Court's Feb. 11 Order filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
February 11, 2005 Filing 30 Second MOTION to Seal Pursuant to Court's Feb. 11 Order by Fidelity Brokerage Services LLC, National Financial Services LLP.(Shope, John)
February 10, 2005 Judge William G. Young : Electronic ORDER entered re: #26 Motion For Leave to File Under Seal. MOTION DENIED SAVE AS TO THE APPENDIX. FIDELITY SHALL FORTHWITH FILE AN UNSEALED REDACTED APPENDIX OMITTING THE DATA COVERED BY LOCAL RULE 5.3. AS TO THE SO-CALLED CONFIDENTIAL DATA BEARING ON COMPETITIVE ADVANTAGE, FIDELITY MAY THOROUGHLY BRIEF THE GROUNDS FOR SUCH CLAIM OR MAY WITHDRAW THE MATERIAL. UNTIL A DOCUMENT-BY-DOCUMENT CONFIDENTIALITY RULING HAS BEEN OBTAINED, THE COURT WILL NOT CONSULT THIS MATERIAL. FIDELITY'S SUGGESTION CONCERNING THE HANDLING OF DEPOSITION TRANSCRIPTS IS ADOPTED, SAVE THAT THE COURT WILL NEITHER POSTPONE THE HEARING NOR CONSULT THE DEPOSITIONS UNTIL REDACTED DEPOSITIONS HAVE BEEN FILED. cc/cl. (Bell, Marie)
February 8, 2005 Filing 29 ***** SEALED ***** APPENDIX Volume II re #27 Memorandum in Opposition to Motion by Fidelity Brokerage Services LLC, National Financial Services LLP. (Bell, Marie)
February 8, 2005 Filing 28 *****SEALED*****APPENDIX Volume I #27 Memorandum in Opposition to Motion by Fidelity Brokerage Services LLC, National Financial Services LLP. (Bell, Marie)
February 8, 2005 Filing 27 MEMORANDUM in Opposition re #21 First MOTION to Certify Class filed by Fidelity Brokerage Services LLC, National Financial Services LLP. c/s. (Bell, Marie)
February 8, 2005 Filing 26 MOTION For Leave to File Under Seal by Fidelity Brokerage Services LLC, National Financial Services LLP.(Bell, Marie)
February 8, 2005 Filing 25 MEMORANDUM in Support re #24 MOTION for Partial Summary Judgment on EFTA Count Barred by Statute of Limitations filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
February 8, 2005 Filing 24 MOTION for Partial Summary Judgment on EFTA Count Barred by Statute of Limitations by Fidelity Brokerage Services LLC, National Financial Services LLP.(Shope, John)
February 7, 2005 Filing 23 NOTICE of Appearance by David E. Cole on behalf of Fidelity Brokerage Services LLC, National Financial Services LLP (Cole, David)
February 2, 2005 NOTICE of Hearing on Motion #21 First MOTION to Certify Class: Motion Hearing set for 2/16/2005 02:30 PM in Courtroom 18 before Chief Judge William G. Young. Opposition is due by 2/8/05. (Smith, Bonnie)
January 31, 2005 Filing 22 Judge William G. Young : STIUPLATED CONFIDENTIALITY AGREEMENT AND PROPOSED ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION entered. cc/cl. (Bell, Marie)
January 27, 2005 Judge William G. Young : Electronic ORDER entered. re #20 Memorandum in Opposition to Motion for Sanctions filed by Joan Berenson,, David Berenson. THE PLAINTIFFS OBJECTIONS ARE OVERRULED AND THE WITHHELD DOCUMENTS ARE TO BE PRODUCED WITHIN 10 DAYS OF THE DATE OF THIS ORDER OR SANCTIONS WILL BE IMPOSED. cc/cl. (Bell, Marie)
January 25, 2005 Filing 21 First MOTION to Certify Class by Joan Berenson, David Berenson. (Attachments: #1 #2 #3 #4 #5 #6 #7 #8)(McWilliams, Kenneth)
January 24, 2005 Filing 20 MEMORANDUM in Opposition re #15 MOTION for Sanctions Striking Class Action Allegations or in the Alternative to Compel or Stay filed by Joan Berenson, David Berenson. (Attachments: #1 Affidavit)(McWilliams, Kenneth)
January 20, 2005 Filing 19 Joint MOTION for Order to Endorse Stipulated Confidentiality Agreement by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Text of Proposed Order Stipulated Confidentiality Agreement and Proposed Order for The Production and Exchange of Confidential Information)(Shope, John)
January 11, 2005 Judge William G. Young : ElectronicORDER entered granting in part and denying in part #15 Motion for Sanctions Unless, within 30 days of the date of this order, the plaintiffs shall present themselves for deposition in Boston, and make full and complete answers to interrogatories and production of documents, or shall within 14 days interpose an adequate explanation for failure to make discovery, the class action allegations are striken. Costs will be assessed at the close of the action.cc/cl (Smith, Bonnie)
January 10, 2005 Filing 18 AFFIDAVIT of John A. Shope in Support re #15 MOTION for Sanctions Striking Class Action Allegations or in the Alternative to Compel or Stay (with corrected exhibit attachment) filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Exhibit A - I to Shope Affidavit)(Shope, John)
January 10, 2005 Filing 17 AFFIDAVIT of John A. Shope, Esq. in Support re #15 MOTION for Sanctions Striking Class Action Allegations or in the Alternative to Compel or Stay filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Attachments: #1 Exhibit A-I to Shope Affidavit)(Shope, John)
January 10, 2005 Filing 16 MEMORANDUM in Support re #15 MOTION for Sanctions Striking Class Action Allegations or in the Alternative to Compel or Stay filed by Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
January 10, 2005 Filing 15 MOTION for Sanctions Striking Class Action Allegations or in the Alternative to Compel or Stay by Fidelity Brokerage Services LLC, National Financial Services LLP.(Shope, John)
November 2, 2004 Set/Reset Deadlines: Discovery due by 4/29/2005.Dispositive Motions due by 5/12/2005. (Smith, Bonnie)
November 2, 2004 Judge William G. Young : Electronic ORDER entered re #14 Amended Document(Joint case management proposal) filed by Fidelity Brokerage Services LLC, Joan Berenson, David Berenson, National Financial Services LLP The plainitff schedule is adopted save that briefing shall proceed in accordance with the local rules. Discovery due April 29,2005. Dispositive motions due by May 12, 2005.(Smith, Bonnie) Modified on 11/3/2004 (Catino2, Theresa).
October 28, 2004 Filing 14 AMENDED DOCUMENT by David Berenson, Joan Berenson, Fidelity Brokerage Services LLC, National Financial Services LLP. (Corrected Joint Statement). (Shope, John)
October 28, 2004 Filing 13 AMENDED DOCUMENT by David Berenson, Joan Berenson. Certificate of Consultation. (McWilliams, Kenneth)
October 27, 2004 Filing 12 CERTIFICATE OF CONSULTATION by Kenneth L. McWilliams on behalf of all plaintiffs. (McWilliams, Kenneth)
October 27, 2004 Filing 11 CERTIFICATE OF CONSULTATION by John A. Shope on behalf of Fidelity Brokerage Services LLC, National Financial Services LLP. (Shope, John)
October 27, 2004 Filing 10 JOINT STATEMENT re scheduling conference. (Shope, John)
October 27, 2004 Filing 9 TRANSCRIPT of Proceedings held on 10/13/04 before Judge YOUNG. Court Reporter: WOMACK. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Smith, Bonnie)
October 13, 2004 ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young : Hearing re MOTION to DISMISS held on 10/13/2004. After hearing the Court DENIES the motion in part and takes Under Advisement the Motion in part, and Allows the Motion in part. 16.1 Conference held. Final Pretrial Conference set for NO SOONER THAN 7/5/2005 02:00 PM before Chief Judge William G. Young. Jury Trial set for RUNNING TRIAL LIST FOR NO SOONER THAN 9/5/2005 09:00 AM before Chief Judge William G. Young. Parties are to file a joint case management proposal within 2 weeks. (Court Reporter WOMACK.) (Smith, Bonnie)
August 24, 2004 Filing 8 NOTICE of Hearing on Motion to Dismiss Motion Hearing set for 10/13/2004 02:00 PM before Chief Judge William G. Young. The hearing will take place at Suffolk University Law School, 120 Tremont St.Boston, MA....The 16.1 scheduling conference set for 9/14 is cancelled.(Smith, Bonnie)
July 27, 2004 Judge William G. Young : ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice (Smith, Bonnie)
July 27, 2004 NOTICE OF RESCHEDULINGInitialScheduling Conference reset for TUESDAY 9/14/2004 02:00 PM in Courtroom 18 before Chief Judge William G. Young. cc/cl(Smith, Bonnie)
July 7, 2004 Filing 7 NOTICE of Appearance by John A. Shope on behalf of Fidelity Brokerage Services LLC, National Financial Services LLP (Shope, John)
June 30, 2004 Filing 6 NOTICE of Scheduling Conference Scheduling Conference set for 9/15/2004 02:00 PM in Courtroom 18 before Chief Judge William G. Young. (Smith, Bonnie)
June 28, 2004 Filing 5 MOTION for Leave to Appear Pro Hac Vice by Douglas Andrew Rubel and Kenneth L. McWilliams Filing fee $ 100.00, receipt number 000036005. by David Berenson, Joan Berenson. (Attachments: #1 Affidavit Certificate of Kenneth L. McWilliams in support of Motion for Admittance Pro Hac Vice#2 Affidavit Certificate of Douglas Andrew Rubel in Support of Motion for Admittance Pro Hac Vice)(Stenger, Susan)
June 25, 2004 Filing 4 NOTICE of Appearance by Susan E. Stenger on behalf of David Berenson, Joan Berenson (Stenger, Susan)
June 18, 2004 Filing 3 NOTICE of Appearance by William Walter Fick on behalf of Fidelity Brokerage Services LLC, National Financial Services LLP (Fick, William)
June 18, 2004 Filing 2 NOTICE of Appearance by Nicholas C. Theodorou on behalf of Fidelity Brokerage Services LLC, National Financial Services LLP (Theodorou, Nicholas)
June 10, 2004 Filing 1 Case transferred in from District of Columbia (Washington D.C.) Division. Case Number 03cv-02004-RBW. (Bell, Marie) Additional attachment(s) added on 6/17/2004 (Bell, Marie).

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Plaintiff: Joan Berenson
Represented By: Kenneth L. McWilliams
Represented By: Douglas Andrew Rubel
Represented By: Susan E. Stenger
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Plaintiff: David Berenson
Represented By: Kenneth L. McWilliams
Represented By: Douglas Andrew Rubel
Represented By: Susan E. Stenger
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Defendant: Fidelity Brokerage Services LLC
Represented By: Nicholas C. Theodorou
Represented By: John A. Shope
Represented By: William W. Fick
Represented By: David E. Cole
Represented By: Lawrence H. Martin
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Defendant: Does 1-50
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Defendant: National Financial Services LLP
Represented By: Nicholas C. Theodorou
Represented By: John A. Shope
Represented By: William W. Fick
Represented By: David E. Cole
Represented By: Lawrence H. Martin
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