Lemon Bay Partners LLP v. Brooks et al
| Lemon Bay Partners LLP |
| Alvin Viray, David H. Brooks, Sandra Hatfield, Dawn Marie Schlegel, Cary Lawrence Chasin, Jerome Krantz, Barry Berkman, Gary Nadelman, Weiser, LLP and DHB Industries, Inc. |
| Benjamin Karp, Thomas Luffy and Larry sheehan |
| 2:2005cv04951 |
| October 24, 2005 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| E Thomas Boyle |
| Joanna Seybert |
| Stockholders Suits |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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Filing 30
ORDER - The Court orders the parties to the class actions to file documents ONLY in the lead case for the class actions (05cv4296). The Court orders the parties to the derivative actions to file documents ONLY in the lead case for the derivative actions (05cv4345). The Clerk of Court is ordered to CLOSE all other matters under the lead case. Ordered by Judge Joanna Seybert on 5/10/06. C/ECF(Valle, Christine)
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Filing 29
NOTICE OF VOLUNTARY DISMISSAL - Pursuant to Fed. R. Civ. P. 41(a)(1), Pltff voluntarily dismisses this action against all Dfts without prejudice. Ordered by Judge Joanna Seybert on 5/5/06. C/ECF(Valle, Christine)
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| Filing 28 MOTION to Dismiss by Sandra L. Hatfield. Associated Cases: 2:05-cv-04345-JS-ETB,1:05-cv-05194-JS-ETB,2:05-cv-04592-JS-ETB,2:05-cv-04951-JS-ETB(Riopelle, Roland) |
| Filing 27 NOTICE of Appearance by Roland G. Riopelle on behalf of Sandra L. Hatfield Associated Cases: 2:05-cv-04345-JS-ETB,1:05-cv-05194-JS-ETB,2:05-cv-04592-JS-ETB,2:05-cv-04951-JS-ETB(Riopelle, Roland) |
| Filing 26 NOTICE of Voluntary Dismissal by Lemon Bay Partners LLP (Brualdi, Richard) |
| Filing 25 Minute Entry for proceedings held before E. Thomas Boyle : Initial Pretrial Conference held on 4/19/2006. Status Conference by phone set for 10/18/2006 01:30 PM before Magistrate-Judge E. Thomas Boyle. (Tape #06-23(5543-7211) 06-24 (1-84).) Associated Cases: 2:05-cv-04345-JS-ETB,1:05-cv-05194-JS-ETB,2:05-cv-04592-JS-ETB,2:05-cv-04951-JS-ETB(Lundy, Lisa) |
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ORDER granting 63 Motion for Pro Hac Vice Admission of Attorney Richard B. Harper. Attorney Richard B. Harper is permitted to argue or try this case in whole or in part as counsel or advocate. Mr. Harper shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Harper shall file a notice of appearance in this case and ensure that he receives electronic notification of activity in this case. In addition, he shall submit a $25.00 pro hac vice admission fee to the Clerk's office.. Ordered by JudgeE. Thomas Boyle on 4/19/06. (Hancock, Lauren)
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ORDER granting 62 Motion for Pro Hac Vice Admission of Attorney R. Stan Mortenson. Attorney R. Stan Mortenson is permitted to argue or try this case in whole or in part as counsel or advocate. Mr. Mortenson shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Mortenson shall file a notice of appearance in this case and ensure that he receives electronic notification of activity in this case. In addition, he shall submit a $25.00 pro hac vice admission fee to the Clerk's office.. Ordered by JudgeE. Thomas Boyle on 4/19/06. (Hancock, Lauren)
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ORDER granting 55 , 56 Motions for Leave to Appear pro hac vice. Mr. Robert Popeo and Mr. Adam L. Sisitsky are permitted to argue or try this particular case in whole or in part as counsel or advocate. Mr. Popeo and Mr. Sisitsky are directed to register for ECF. Registration is available online at the E.D.N.Y. homepage. Once registered, Mr. Popeo and Mr. Sisitsky shall file notices of appearance in this case and ensure the receipt of electronic notification of activity in this case. So Ordered . Ordered by JudgeE. Thomas Boyle on 3/17/06. (Hancock, Lauren)
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ORDER re 52 Stipulation. The deadline for plaintiffs to file their consolidated complaint is extended to March 20, 2006; the deadline for defendants to file their motion to dismiss, if any, is extended to May 4, 2006; the deadline for plaintiffs to file their opposition to defendants' motion to dismiss is extended to June 19, 2006; and defendants' time to reply to the opposition is extended to July 19, 2006. So Ordered. Ordered by Judge E. Thomas Boyle on 3/08/06. Associated Cases: 2:05-cv-04345-JS-ETB,1:05-cv-05194-JS-ETB,2:05-cv-04592-JS-ETB,2:05-cv-04951-JS-ETB(Hancock, Lauren)
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| Filing 23 STIPULATION and proposed order extending timeto file consolidated shareholder derivative complaint, motion to dismiss and related briefing by Thomas Huston. Associated Cases: 2:05-cv-04345-JS-ETB,1:05-cv-05194-JS-ETB,2:05-cv-04592-JS-ETB,2:05-cv-04951-JS-ETB(Wise, Harry) |
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Filing 24
ORDER Re: 50 Notice of Withdrawal as Counsel filed by Brian Abrams. So Ordered by Judge Joanna Seybert on 3/6/06. C/ECF Associated Cases: 2:05-cv-04345-JS-ETB,1:05-cv-05194-JS-ETB,2:05-cv-04592-JS-ETB,2:05-cv-04951-JS-ETB(Valle, Christine)
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Filing 22
SCHEDULING ORDER. The initial conference previously set for March 20, 2006 at 10:00 a.m. before the undersigned has been rescheduled for April 19, 2006 at 11:30 a.m. at the Alfonse M. D'Amato U.S. Courthouse, Courtroom 830, Central Islip, New York. All counsel shall be present. SEE order for further details. Ordered by Judge E. Thomas Boyle on 3/06/06. Associated Cases: 2:05-cv-04345-JS-ETB,1:05-cv-05194-JS-ETB,2:05-cv-04592-JS-ETB,2:05-cv-04951-JS-ETB(Hancock, Lauren)
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ENDORSED ORDER re: 49 Stipulation and Order of Substitution of Counsel. Baker Botts, LLP shall be substituted for Zuckerman Spaeder, LLP as attorneys of record for DHB Industries is APPROVED. Ordered by Judge Joanna Seybert on 2/17/2006. (c/ECF) Associated Cases: 2:05-cv-04345-JS-ETB, 1:05-cv-05194-JS-ETB, 2:05-cv-04592-JS-ETB, 2:05-cv-04951-JS-ETB (Nohs, Bonnie)
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Filing 21
ORDER Re: #29 First MOTION to Consolidate Cases that are Derivative Actions and Appoint a Leadership Structure for Plaintiffs - The following actions and all other cases that relate to the same subject matter that are subsequently filed in or transferred to this Court are hereby consolidated into one action for all purposes, pursuant to Fed. R. Civ. P. 42. The Master File shall be on Case No. 05cv4345. The Co-Lead Counsel for Pltffs for the conduct of these consolidated actions is: Law Offices of Thomas G. Amon; and Robbins Umeda & Fink, LLP. Ordered by Judge Joanna Seybert on 1/31/06. C/ECFAssociated Cases: 2:05-cv-04345-JS-ETB,1:05-cv-05194-JS-ETB,2:05-cv-04592-JS-ETB,2:05-cv-04951-JS-ETB(Valle, Christine)
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| Cases associated - Lead Case: 05cv4345. (Valle, Christine) |
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Motions terminated: #4 Notice of MOTION to Consolidate Cases , Appointment as Lead Plaintiffs and Approval of Choice of Lead Counsel filed by Benjamin Karp, Larry Sheehan, Thomas Luffy; #8 First MOTION to Consolidate Cases And Appoint a Plaintiffs' Lead Counsel Structure filed by Lemon Bay Partners LLP; #5 Notice of MOTION to Withdraw Motion of Thomas Luffey, Larry Sheehan and Benjamin Karp for Consolidation, Appointment as Lead Plaintiffs and Approval of Choice of Lead Counsel filed by Benjamin Karp, Larry Sheehan, Thomas Luffy; #20 REPORT AND RECOMMENDATIONS re #4 Notice of MOTION to Consolidate Cases , Appointment as Lead Plaintiffs and Approval of Choice of Lead Counsel filed by Benjamin Karp, Larry Sheehan, Thomas Luffy; #8 First MOTION to Consolidate Cases And, #11 First MOTION to Consolidate Cases Related Shareholder Derivative Actions and Appoint a Leadership Structure for Plaintiffs filed by Alvin Viray. Ordered by Judge Joanna Seybert on 1/31/06. (Valle, Christine)
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Filing 20
REPORT AND RECOMMENDATIONS re #4 , #8 , #11 Motions to Consolidate and Appoint Lead Plaintiffs and Lead Counsel. For the reasons set forth in the Report and Recommendation, I recommend that the fifteen class action lawsuits be consolidated and that the four related derivative actions be consolidated. I further recommend that RS Holdings, NECA-IBEW Pension Fund (the "Decatur Group"), and George Baciu be appointed lead plaintiffs in the class action, and that the law firms Lerach Coughlin Stoia Geller Rudman & Robbins LLP and Labaton Sucharow & Rudoff LLP as co-lead counsel be approved. I also recommend that Law Offices of Thomas Amon and the firm of Robbins Umeda & Fink, LLP be appointed co-lead counsel in the derivative action. Objections to R&R due by 1/23/2006. Recommended counsel are directed to notify all parties of this Report upon receipt . Ordered by Judge E. Thomas Boyle on 1/09/06. (Hancock, Lauren)
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| Filing 19 CERTIFICATE OF SERVICE by Sandra Hatfield, Dawn Marie Schlegel, David H. Brooks (Gray, Christopher) |
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Filing 18
ORDER. The initial conferences previously set for January 13, 2006 at 11:00 a.m. before the undersigned have been rescheduled for March 20, 2006 at 10:00 a.m. at the Alfonse M. D'Amato U.S. Courthouse, Courtroom 830, Central Islip, New York. SEE order for further details. The law firm of Milbank, Tweed, Hadley & McCloy, LLP is directed to serve a copy of this Order on counsel for all parties appearing in this case. Ordered by Judge E. Thomas Boyle on 1/4/06. (Joy, Dolores)
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| Filing 17 Letter from Samuel K. Rosen to Magistrate Judge E. Thomas Boyle Regarding proceedings before the Honorable Walker D. Miller. (Rosen, Samuel) |
| Filing 16 REPLY to Response to Motion re #11 First MOTION to Consolidate Cases Related Shareholder Derivative Actions and Appoint a Leadership Structure for Plaintiffs filed by Alvin Viray. (Kim, Phillip) |
| Filing 15 RESPONSE in Opposition re #8 First MOTION to Consolidate Cases And Appoint a Plaintiffs' Lead Counsel Structure, #9 First MOTION to Consolidate Cases And Appoint A Plaintiffs' Lead Counsel Structure and Memorandum Of Law in Support VIRAY'S OPPOSITION TO ALL OTHER MOTIONS IN SUPPORT OF CONSOLIDATION AND APPOINTING A LEADERSHIP STRUCTURE filed by Alvin Viray. (Attachments: #1 Exhibit Alvin Viray Decl.#2 Exhibit LGM Firm Bio#3 Exhibit Rosen Law Firm Bio)(Kim, Phillip) |
| Filing 14 AMENDED COMPLAINT against all defendants, filed by Lemon Bay Partners LLP.(Brualdi, Richard) |
| Filing 13 DELCARATION & EXHIBITS Re: #11 First MOTION to Consolidate Cases Related Shareholder Derivative Actions and Appoint a Leadership Structure for Plaintiffs, Declaration of Laurence Rosen and annexed exhibits by Alvin Viray. (Attachments: #1 LGM Firm Biography#2 Rosen Law Firm Biography#3 Declaration of Alvin Viray)(Kim, Phillip) Modified on 11/29/2005 (Valle, Christine). |
| Filing 12 MEMORANDUM OF LAW Re: #11 First MOTION to Consolidate Cases Related Shareholder Derivative Actions and Appoint a Leadership Structure for Plaintiffs, Memorandum of Law, Proposed Pretrial Order by Alvin Viray. (Attachments: #1 Text of Proposed Order Proposed Pretrial Order)(Kim, Phillip) Modified on 11/29/2005 (Valle, Christine). |
| Filing 11 First MOTION to Consolidate Cases Related Shareholder Derivative Actions and Appoint a Leadership Structure for Plaintiffs by Alvin Viray, Alvin Viray. (Kim, Phillip) |
| Filing 10 NOTICE by Lemon Bay Partners LLP re #6 Order,,, Response to the Court's Order of November 14, 2005 (Brualdi, Richard) |
| Filing 9 MEMORANDUM OF LAW Re: #8 First MOTION to Consolidate Cases And Appoint A Plaintiffs' Lead Counsel Structure and Memorandum Of Law in Support by Lemon Bay Partners LLP. (Brualdi, Richard) Modified on 11/29/2005 (Valle, Christine). |
| Filing 8 First MOTION to Consolidate Cases And Appoint a Plaintiffs' Lead Counsel Structure by Lemon Bay Partners LLP. (Brualdi, Richard) |
| Filing 7 NOTICE of Appearance by Christopher Neil Gray on behalf of Sandra Hatfield, Dawn Marie Schlegel, David H. Brooks (Gray, Christopher) |
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Filing 6
ORDER The briefing schedule for the class action motions to appoint lead plaintiff/counsel and to consolidate is as follows: opposition by November 28, 2005; reply, if any, by December 8, 2005.The briefing schedule as to any derivative action motions to appoint lead plaintiff/counsel and to consolidate is as follows: movant by November 28, 2005; opposition by December 8, 2005; reply, if any, by December 15, 2005.Pending the outcome of these motions, the defendants' time to answer or move is hereby suspended.Plaintiff, Lemon Bay Partners LLP (CV 05-4951) shall within ten (10) days report to the Court with respect to the citizenship of any limited and general partners for purposes of diversity jurisdiction. See 28 U.S.C. sec. 1332. Any other plaintiff who is a partnership in any derivative action shall make a similar filing.So Ordered. Ordered by Judge E. Thomas Boyle on 11/14/05. (Hancock, Lauren)
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| Filing 5 Notice of MOTION to Withdraw Motion of Thomas Luffey, Larry Sheehan and Benjamin Karp for Consolidation, Appointment as Lead Plaintiffs and Approval of Choice of Lead Counsel by Benjamin Karp, Thomas Luffy, Larry sheehan. (Attachments: #1 Certificate Service)(Torell, Catherine) |
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ORDER Pursuant to the referral order in related case CV 05-5209, interested parties to all fifteen related actions are directed to appear in person before United States Magistrate Judge E. Thomas Boyle on November 14, 2005, at 9:30 a.m. for the following: (1) to set a date for the preliminary injunction hearing and related briefing schedule; (2) to discuss any discovery issues regarding the preliminary injunction; (3) to discuss the parties' various motions to consolidate; and (4) to discuss the parties' motions to appoint lead counsel. So Ordered . Ordered by Judge E. Thomas Boyle on 11/09/05. (Hancock, Lauren)
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| Filing 4 Notice of MOTION to Consolidate Cases , Appointment as Lead Plaintiffs and Approval of Choice of Lead Counsel by Benjamin Karp, Thomas Luffy, Larry sheehan. (Attachments: #1 Motion to Consolidate#2 Memorandum of Law#3 Text of Proposed Order #4 Exhibit A#5 Exhibit B#6 Exhibit C#7 Errata D#8 Service List)(Torell, Catherine) |
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Filing 3
ORDER Initial Conference set for 1/13/2006 11:00 AM before Magistrate-Judge E. Thomas Boyle. See order for further instructions. Counsel for Plaintiff(s) or Plaintiff pro se is obligated to serve a copy of this order on each defendant.. Ordered by Judge E. Thomas Boyle on 10/28/05. (Lundy, Lisa)
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| Filing 2 Notice of Related Case Assignment sent to chambers with copy of complaint. (Romano, Daniel) |
| Filing 1 COMPLAINT rec. no.316838 against Sandra Hatfield, Dawn Marie Schlegel, Cary Lawrence Chasin, Jerome Krantz, Barry Berkman, Gary Nadelman, Weiser, LLP, DHB Industries, Inc., David H. Brooks $ 250, filed by Lemon Bay Partners LLP. (Attachments: #1 Civil Cover Sheet)(Romano, Daniel) |
| Summons Issued as to Sandra Hatfield, Dawn Marie Schlegel, Cary Lawrence Chasin, Jerome Krantz, Barry Berkman, Gary Nadelman, Weiser, LLP, DHB Industries, Inc., David H. Brooks. (Romano, Daniel) |
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