Stejskal v. Lundstrom
Plaintiff: Douglas L. Stejskal
Defendant: Gilbert G. Lundstrom
Case Number: 4:2010cv03177
Filed: September 7, 2010
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Nature of Suit: Securities/Commodities
Cause of Action: 12 U.S.C. ยง 22 Securities Fraud
Jury Demanded By: Defendant
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Date Filed Document Text
August 5, 2013 Opinion or Order Filing 85 ORDER PERMITTING DISTRIBUTION OF CLASS SETTLEMENT FUNDS - IT IS HEREBY ORDERED THAT: The funds that are currently in the Net Settlement Fund (less any necessary amounts to be withheld for payment of potential tax liabilities and related fees and e xpenses) shall be distributed on a pro rata basis to the Authorized Claimants identified in Exhibit B-1 to the Affidavit of Paul Mulholland CPA, CVA Concerning Administrative Procedures Performed to Process and the Results Thereof ("Mulhollan d Affidavit"), at the direction of Lead Plaintiffs' Counsel, The Rosen Law Firm P.A., pursuant to the Stipulation and Agreement of Settlement dated May 25, 2012 (the "Stipulation") and the Plan of Allocation set forth in the No tice of Pendency and Proposed Settlement of Class Action that was distributed pursuant to this Court's prior Order. Any person asserting any rejected or subsequently filed claims are finally and forever barred from the date of this Order. The Court finds that the administration of the Settlement and proposed distribution of the Net Settlement Fund comply with the terms of the Stipulation and the Plan of Allocation and that all persons involved in the review, verification, calculation , tabulation, or any other aspect of the processing of the claims submitted herein, or otherwise involved in the administration or taxation of the Settlement Fund or the Net Settlement Fund are released and discharged from any and all claims arisi ng out of such involvement, and all Class Members are barred from making any further claims against the Net Settlement Fund or the Released Parties beyond the amount allocated to them pursuant to this Order. The checks for distribution to Authoriz ed Claimants shall bear the notation "CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION 180 DAYS AFTER DISTRIBUTION DATE." Lead Counsel and the court-appointed Claims Administrator, Strategic Claims Services ("SCS") are author ized to locate and/or contact any Authorized Claimant who has not cashed his, her or its check within said time. Pursuant to Paragraph E.14 of the Stipulation, if there are any remaining funds in the Net Settlement Fund one (1) year after the ini tial distribution of the Net Settlement Fund by reason of un-cashed distributions or otherwise, and after the Claims Administrator has made reasonable and diligent efforts to have Class Members who are entitled to participate in the distribution o f the Net Settlement Fund cash their distribution, then any balance remaining in the Net Settlement Fund shall be re-distributed, after payment of any unpaid costs or fees incurred in administering the Net Settlement Fund for such re-distribution , to Settlement Class Members who have cashed their checks and who would receive at least $10.00 from such re-distribution. If any funds shall remain in the Net Settlement Fund six months after such re-distribution, then such balance shall be contributed to Creighton University. SCS is hereby ordered to discard paper or hard copies of Proofs of Claims and supporting documents not less than one (1) year after all distributions of the Net Settlement Fund to the eligible claimants, and el ectronic copies of the same not less than three (3) years after all distributions of the Net Settlement Fund to the eligible claimants. This Court retains jurisdiction over any further application or matter which may arise in connection with this action. IT IS SO ORDERED. Member Cases: 8:10-cv-00199-JFB-TDT, 4:10-cv-03177-JFB-TDT, 8:10-cv-00332-JFB-TDTOrdered by Judge Joseph F. Bataillon. (TCL )
November 8, 2012 Opinion or Order Filing 80 MEMORANDUM AND FINAL ORDER OF APPROVAL - IT IS ORDERED: Pursuant to Fed. R. Civ. P. 23, the class in this action is certified as set forth above at 3. Lead Plaintiffs' motions (Filing No. 116 in 8:10CV199 and Filing No. 72 in 8:10CV332 and 4 :10CV3177) for final approval of the Stipulation of Settlement dated May 25, 2012 ("Settlement"), Filing No. 102, Ex. 1, are granted. The Settlement, Filing No. 102, Ex. 1, is hereby approved and is incorporated herein as if fully set fo rth. Lead Plaintiffs and the Individual Defendants shall consummate the Settlement in accordance with its terms. Without further order of the Court, the parties may agree to reasonable extensions of time to carry out any of the provisions of the Sett lement. The court retains jurisdiction to enforce the Settlement. Any disputes arising out of the terms of the Settlement or the implementation or enforcement thereof, shall be submitted to the Court for final resolution upon the application of any p arty hereto. Lead counsel's motions for attorney fees, expenses and awards to lead plaintiffs (Filing No. 118 in 8:10CV199 and Filing No. 74 in 8:10CV332 and 4:10CV3177) are granted. A Judgment in accordance with this Memorandum and Final Order of Approval will issue this date. Member Cases: 8:10-cv-00199-JFB-TDT, 4:10-cv-03177-JFB-TDT, 8:10-cv-00332-JFB-TDT Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
July 12, 2012 Opinion or Order Filing 71 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE - A fairness hearing (the "Final Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e) is hereby scheduled to be held before the Court on October 25, 2012 a t 1:00 p.m. in Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The Court retains exclusive jurisdiction over the action to consider all further matters arising out of, or connected with, the Settlement. Member Cases: 8:10-cv-00199-JFB-TDT, 4:10-cv-03177-JFB-TDT, 8:10-cv-00332-JFB-TDTOrdered by Judge Joseph F. Bataillon. (Copy mailed as directed)(TCL )
May 16, 2012 Opinion or Order Filing 60 ORDER - IT IS ORDERED The pending motion for preliminary approval of class settlement is denied as moot. The parties shall file a revised motion for preliminary approval of class settlement within 10 days from the date of this order. Member Cases: 8:10-cv-00199-JFB-TDT, 4:10-cv-03177-JFB-TDT, 8:10-cv-00332-JFB-TDTOrdered by Judge Joseph F. Bataillon. (TCL )
December 5, 2011 Opinion or Order Filing 46 ORDER - IT IS ORDERED that: On or before February 6, 2012, the parties shall move for preliminary approval of a class settlement or file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to the Honorable Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case. If the case is being dismissed, the stipulation shall comply with Fed. R. Civ. P. 41(a) and shall state whether the dismissal is with or without preju dice. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. All pending motions shall be terminated upon the representation that this case is settled. Member Cases: 8:10-cv-00199-JFB-TDT, 4:10-cv-03177-JFB-TDT, 8:10-cv-00332-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (TCL )
January 31, 2011 Opinion or Order Filing 15 ORDER - The plaintiffs' Motion to Extend Deadlines in the Initial Progress of Case Order (Filing No. 41 ) is granted, in part, as follows. 1. The Lead Plaintiff shall have until March 2, 2011, to file an amended complaint. 2. The defendants sha ll have until April 18, 2011, to answer or otherwise respond to the amended complaint. 3. If the defendants file a motion to dismiss the amended complaint, the Lead Plaintiff shall have until June 1, 2011, to file any opposition, and the defendants s hall have until June 22, 2011, to file any reply. 4. The parties shall file their planning report pursuant to Fed. R. Civ. P. 26(f) within thirty days of the earlier of the defendants filing an answer to the amended complaint or the courts ruling on the defendants' motion to dismiss. Member Cases: 8:10-cv-00199-JFB -TDT, 4:10-cv-03177-JFB -TDT, 8:10-cv-00332-JFB -TDTOrdered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
January 21, 2011 Opinion or Order Filing 13 ORDER - IT IS ORDERED: Douglas L. Stejskal v. James A. Laphen, 8:10CV332, is hereby consolidated for all purposes with David G. Ray, et al. v. Gilbert G. Lundstrom, et al., 8:10CV199, and Douglas L. Stejskal v. Gilbert G. Lundstrom, 4:10CV3177. The parties shall conduct discovery as if these consolidated cases are part of a single case. All future filings shall contain the consolidated case caption, which appears on this order, and shall be served on the parties' counsel in all cases as d escribed below. Case No. 8:10CV199 was previously designated as the "Lead Case." Case No. 8:10CV332 is hereby designated as a "Member Case," along with Case No. 4:10CV3177. The court's CM/ECF System has the capacity for &quo t;spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in all Member Cases. To this end, the parties are instructed to file all further documents (except those descr ibed in paragraph 5) in the Lead Case, No. 8:10CV199, and to select the option "yes" in response to the System's question whether to spread the text. The parties may not use the spread text feature to file complaints, amended complain ts, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes that an item in addition to those described in paragraph 5 should not be filed in all the consolidated cases, the p arty must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. The order setting an initial progression for these cases was filed on October 27, 2010, and is the operable progression order governing this consolidated matter. See Filing No. 33 in case 8:10CV199. Lead Counsel shall confer with Mr. Stejskal and apprise him of the status of this case. Member Cases: 8:10-cv-00199-JFB -TDT, 4:10-cv-03177-JFB -TDT, 8:10-cv-00332-JFB -TDTOrdered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
December 23, 2010 Opinion or Order Filing 12 ORDER - Any party shall have to on or before January 19, 2011, to show cause why Douglas L. Stejskal v. James A. Laphen, 8:10CV332, should not be consolidated with David G. Ray, et al. v. Gilbert G. Lundstrom, et al., 8:10CV199, and Douglas L. Stejskal v. Gilbert G. Lundstrom, 4:10CV3177, for all purposes. Member Cases: 8:10-cv-00199-JFB -TDT, 4:10-cv-03177-JFB -TDT Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
December 3, 2010 Opinion or Order Filing 11 ORDER - The parties shall conduct discovery as if these consolidated cases are part of a single case. All future filings shall contain the consolidated case caption, which appears on this order. The Clerk of Court shall serve Mr. Stejskal with copie s of the docket sheet and orders filed on October 12, 2010, and October 27, 2010, from Case No. 8:10CV199. Lead Counsel shall confer with Mr. Stejskal and apprise him of the status of this case. Member Cases: 8:10-cv-00199-JFB -TDT, 4:10-cv-03177-JFB -TDTOrdered by Magistrate Judge Thomas D. Thalken. (Copies mailed as directed)(TCL )
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Defendant: Gilbert G. Lundstrom
Represented By: Gregory C. Scaglione
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Plaintiff: Douglas L. Stejskal
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