Public Pension Fund Group et al v. KV Pharmaceutical Company et al
| Joseph Mas |
| KV Pharmaceutical Company, Marc S. Hermelin and Ronald J. Kanterman |
| 4:2008cv01859 |
| December 2, 2008 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Carol E. Jackson |
| Securities/Commodities |
| 28 U.S.C. ยง 1331 Fed. Question: Securities Violation |
| Plaintiff |
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Filing
165
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that lead plaintiffs motion for a ruling on the issues in the pending motion to dismiss that have not been ruled on by the court of appeals [Doc. # 162 ] is granted. IT IS FURTHER ORDERED that the motion to dismiss filed by defendant Marc S. Hermelin [Doc. # 95 ] is denied as to lead plaintiffs claims that he made materially false and misleading statements and omissions concerning KV Pharmaceuticals noncompliance with cGMP and FDA regulations. IT IS FURTHER ORDERED that defendant Hermelin shall have until May 20, 2013, to file an answer to the consolidated amended complaint. Marc S. Hermelin answer due 5/20/2013.. Signed by District Judge Carol E. Jackson on 4/30/13. (KJS)
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Filing
161
MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motion of plaintiff Public Pension Fund Group to modify court order granting stay with respect to non-debtor defendant [Doc. # 149 ] is granted. IT IS FURTHER ORDERED that the August 10, 2012 order staying all proceedings in this case is vacated only as to defendant Marc Hermelin. The proceedings in this case remain stayed as to defendant KV Pharmaceutical Company. Signed by District Judge Carol E. Jackson on 03/28/2013; (DJO)
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Filing
135
MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that lead plaintiffs' motion for relief from the order of dismissal and to amend pleadings [Doc. # 119 ] is denied. Signed by Honorable Carol E. Jackson on 10/20/2010; (DJO)
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Filing
117
MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motion of defendant David A. Van Vliet to dismiss lead plaintiffs' consolidated amended complaint [Doc. # 91 ] is granted. IT IS FURTHER ORDERED that the motion of defendant David A. Van Vliet for oral argument on his motion to dismiss [Doc. # 93 ] is denied as moot. IT IS FURTHER ORDERED that the motions of defendant Rita E. Bleser to dismiss lead plaintiffs' consolidated amended complaint [Doc. # 94 , # 106 ] are granted. IT IS FURT HER ORDERED that the motion of defendant Rita E. Bleser for oral argument on her motion to dismiss [Doc. # 103 ] is denied as moot. IT IS FURTHER ORDERED that the motion of defendant Marc S. Hermelin to dismiss lead plaintiffs' consolidated amen ded complaint [Doc. # 95 ] is granted. IT IS FURTHER ORDERED that the motion of defendant Marc S. Hermelin for oral argument on his motion to dismiss [Doc. # 97 ] is denied as moot. IT IS FURTHER ORDERED that the motion of defendant KV Pharmaceutical Company to dismiss lead plaintiffs' consolidated amended complaint [Doc. # 99 ] is granted. IT IS FURTHER ORDERED that the motion of defendant KV Pharmaceutical Company for oral argument on its motion to dismiss [Doc. # 98 ] is denied as moot. IT IS FURTHER ORDERED that lead plaintiffs' motion to lift the stay of discovery [Doc. # 74 ] is denied as moot. Signed by Honorable Carol E. Jackson on 02/22/2010; (DJO)
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Filing
58
AMENDED MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion of the Public Pension Fund Group to consolidate actions, for appointment as lead plaintiff, and for approval of lead counsel [Doc. #16] is granted. IT IS FURTHER ORDERED that the Publi c Pension Fund Group is appointed as lead plaintiff, the firm of Labaton Sucharow LLP is appointed as lead counsel, and the firm of Osburn, Hine, Kuntze, Yates & Murphy, L.L.C. is appointed as liaison counsel. IT IS FURTHER ORDERED that Herman Unveri cht v. KV Pharm. Co., et al., No. 4:09-CV-61 (RWS), and Norfolk County Ret. Sys. v. KV Pharm. Co., et al., No. 4:09-CV-138 (CAS), are consolidated with this action, Joseph Mas v. KV Pharm. Co., et al., No. 4:08-CV-1859 (CEJ). IT IS FURTHER ORDERED t hat henceforth all pleadings and other documents in this matter shall be filed in Joseph Mas v. KV Pharm. Co., et al., No. 4:08-CV-1859 (CEJ). See E.D.MO. L.R. 4.03 (the consolidated cases shall be reassigned to the judge presiding in the lowest-numb ered case.). IT IS FURTHER ORDERED that motion of the New Jersey Carpenters Pension Fund and Edward Streen to consolidate actions, for appointment as lead plaintiff, and for approval of lead counsel [Doc. #20] is denied. IT IS FURTHER ORDERED that, p ursuant to its notice of withdrawal [Doc. #35], proposed, lead plaintiff El Paso Firemen and Policemens Pension Fund is withdrawn as a movant of the Public Pension Fund Group for lead plaintiff status. IT IS FURTHER ORDERED that, pursuant to his noti ce of withdrawal [Doc. #37], the motion of proposed, lead plaintiff James K. Petersen Jr. to consolidate actions, for appointment as lead plaintiff, and for approval of lead counsel [Doc. #14] is withdrawn. IT IS FURTHER ORDERED that, not later than April 30, 2009, lead plaintiff shall inform the Court whether it intends to proceed on the existing complaint or to file an amended complaint. Any amended complaint shall be filed not later than May 25, 2009. IT IS FURTHER ORDERED that the motion of defendant KV Pharmaceutical Company for an extension of time to file an answer or other responsive pleading [Doc. #26] is granted. In the event that lead plaintiff notifies the Court that it shall file an amended complaint, defendant KV Pharmaceutical Company's answer shall be due as provided by the Federal Rules of Civil Procedure. Signed by Honorable Carol E. Jackson on 4/28/09. (KXS)
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Filing
49
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motions of defendants KV Pharmaceutical Co. and Ronald J. Kanterman in Public Pension Fund Group v. KV Pharm. Co., et al., No. 4:08-CV-1859 (CEJ), to transfer the ERISA cases [Doc. ##38, 45] are gran ted. IT IS FURTHER ORDERED that Harold S. Crocker, Jr., v. KV Pharm. Co., et al., No. 4:09-CV-198 (JCH), Anna Bodnar v. KV Pharm. Co., et al., No. 4:09-CV- 222 (HEA), and Heather Knoll v. KV Pharm. Co., et al., No. 4:09-CV-297 (JCH), are transferred to the undersigned district judge. IT IS FURTHER ORDERED that the unopposed motion of movant Heather Knoll in Harold S. Crocker, Jr., v. KV Pharm. Co., et al., No. 4:09-CV-198 (JCH), to intervene, pursuant to Rule 24(b), Fed.R.Civ.P., in that action for the purpose of filing a response to the motion to consolidate [Doc. #23] is granted. IT IS FURTHER ORDERED that intervener Heather Knoll shall have until May 5, 2009, to file a response to the motion to consolidate in Harold S. Crocker, Jr., v. KV Pharm. Co., et al., No. 4:09-CV-198 (JCH). Signed by Honorable Carol E. Jackson on 4/23/09. (KXS)
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Filing
47
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion of the Public Pension Fund Group to consolidate actions, for appointment as lead plaintiff, and for approval of lead counsel [Doc. #16] is granted. IT IS FURTHER ORDERED that the Public Pensio n Fund Group is appointed as lead plaintiff, the firms of Labaton Sucharow LLP and Bernstein Litowitz Berger & Grossmann LLP are appointed as lead counsel, and the firm of Osburn, Hine, Kuntze, Yates & Murphy, L.L.C. is appointed as liaison counsel. IT IS FURTHER ORDERED that Herman Unvericht v. KV Pharm. Co., et al., No. 4:09-CV-61 (RWS), and Norfolk County Ret. Sys. v. KV Pharm. Co., et al., No. 4:09-CV-138 (CAS), are consolidated with this action, Joseph Mas v. KV Pharm. Co., et al., No. 4:0 8-CV-1859 (CEJ). IT IS FURTHER ORDERED that henceforth all pleadings and other documents in this matter shall be filed in Joseph Mas v. KV Pharm. Co., et al., No. 4:08-CV-1859 (CEJ). See E.D.MO. L.R. 4.03 ("the consolidated cases shall be reassi gned to the judge presiding in the lowest-numbered case."). IT IS FURTHER ORDERED that motion of the New Jersey Carpenters Pension Fund and Edward Streen to consolidate actions, for appointment as lead plaintiff, and for approval of lead counsel [Doc. #20] is denied. IT IS FURTHER ORDERED that, pursuant to its notice of withdrawal [Doc. #35], proposed, lead plaintiff El Paso Firemen and Policemen's Pension Fund is withdrawn as a movant of the Public Pension Fund Group for lead plaintif f status. IT IS FURTHER ORDERED that, pursuant to his notice of withdrawal [Doc. #37], the motion of proposed, lead plaintiff James K. Petersen Jr. to consolidate actions, for appointment as lead plaintiff, and for approval of lead counsel [Doc. #14] is withdrawn. IT IS FURTHER ORDERED that, not later than April 30, 2009, lead plaintiff shall inform the Court whether it intends to proceed on the existing complaint or to file an amended complaint. Any amended complaint shall be filed not later th an May 25, 2009. IT IS FURTHER ORDERED that the motion of defendant KV Pharmaceutical Company for an extension of time to file an answer or other responsive pleading [Doc. #26] is granted. In the event that lead plaintiff notifies the Court that it shall file an amended complaint, defendant KV Pharmaceutical Company's answer shall be due as provided by the Federal Rules of Civil Procedure. Signed by Honorable Carol E. Jackson on 4/15/09. (KXS)
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