In re Gentiva Securities Litigation
Plaintiff: Arkansas Teacher Retirement System, Cement Masons & Plasterers Joint Pension Trust, Douglas Dahlgard, Steve Endress, International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Los Angeles Employees' Retirement System
Defendant: Gentiva Health Services, Inc., Ronald A. Malone, Metropolitan Water Reclamation District Retirement Fund, John R. Potapchuk and Anthony H. Strange
Intervenor Plaintiff: Minneapolis Police Relief Association
Consolidated Defendant: Erik R. Slusser
Case Number: 2:2010cv05064
Filed: November 2, 2010
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Steven I Locke
Referring Judge: Arthur D Spatt
Nature of Suit: Securities/Commodities
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 17, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2014 Opinion or Order Filing 108 AFFIDAVIT/DECLARATION in Support re #105 Notice of MOTION to Certify Class and Appointment of Class Representative and Class Counsel DECLARATION OF FRANK C. TORCHIO filed by Los Angeles Employees' Retirement System. (Attachments: #1 Exhibit 1-8, #2 Appendix A, #3 Appendix B) (Fox, Frederic)
October 17, 2014 Opinion or Order Filing 107 AFFIDAVIT/DECLARATION in Support re #105 Notice of MOTION to Certify Class and Appointment of Class Representative and Class Counsel DECLARATION OF JOEL B. STRAUSS filed by Los Angeles Employees' Retirement System. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fox, Frederic)
October 17, 2014 Opinion or Order Filing 106 MEMORANDUM in Support re #105 Notice of MOTION to Certify Class and Appointment of Class Representative and Class Counsel filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
October 17, 2014 Opinion or Order Filing 105 Notice of MOTION to Certify Class and Appointment of Class Representative and Class Counsel by Los Angeles Employees' Retirement System. (Fox, Frederic)
September 19, 2014 Opinion or Order Filing 104 ORDER re #103 Letter to Judge Arthur D. Spatt seeking clarification as to Your Honor's Individual Rule II.A concerning the use of footnotes. SO ORDERED that the use of footnotes or endnotes in a report or declaration of a non-lawyer consultant or expert would violate Rule II(A) if the Court's individual Rules, which prohibits footnotes "in any papers" filed with the Court. Movant's counsel is directed to serve a copy of this order on all parties upon receipt via facsimile. Ordered by Judge Arthur D. Spatt on 9/19/2014. (Florio, Lisa)
September 18, 2014 Opinion or Order Filing 103 Letter to Judge Arthur D. Spatt seeking clarification as to Your Honor's Individual Rule II.A concerning the use of footnotes. by Los Angeles Employees' Retirement System (Strauss, Joel)
September 4, 2014 Opinion or Order Filing 102 ORDER: The parties are advised that, absent a specific order to the contrary, all previously established discovery deadlines and conference dates remain in effect. See attached order for additional directions. Ordered by Magistrate Judge Steven I. Locke on 9/4/14. (Attachments: # 1 SIL Rules) (Disbrow, Sandra)
July 31, 2014 Opinion or Order Case Reassigned to Magistrate Judge Steven I Locke. Magistrate Judge William D. Wall no longer assigned to the case. (Coleman, Laurie)
July 29, 2014 Opinion or Order PRETRIAL ORDER re #101 Stipulation filed by Ronald A. Malone. The Stipulation is adopted and so ordered. Ordered by Magistrate Judge William D. Wall on 7/29/2014. (Hepworth, F.)
July 28, 2014 Opinion or Order Filing 101 STIPULATION and Proposed Order regarding Class Certification Briefing by Ronald A. Malone (Amsel, Joshua)
July 15, 2014 Opinion or Order ORDER granting #100 Motion for Extension of Time to File schedule to July 28, 2014. Ordered by Magistrate Judge William D. Wall on 7/15/2014. (Hepworth, F.)
July 14, 2014 Opinion or Order Filing 100 Joint MOTION for Extension of Time to File a proposed schedule for class certification by Los Angeles Employees' Retirement System. (Strauss, Joel)
June 16, 2014 Opinion or Order ORDER granting #99 Motion for Protective Order, subject to all federal, local and applicable individual rules regarding the sealing of documents. Ordered by Magistrate Judge William D. Wall on 6/16/2014. (Hepworth, F.)
June 13, 2014 Opinion or Order Filing 99 MOTION for Protective Order Stipulation and Order for the Production and use of Confidential Information by Ronald A. Malone. (Attachments: #1 Exhibit A) (Amsel, Joshua)
May 13, 2014 Opinion or Order Filing 98 PRETRIAL ORDER re #97 Stipulation filed by Los Angeles Employees' Retirement System. The Stipulation and Proposed Civil Case Management Plan and Scheduling Order are adopted and so ordered. A telephone status conference will be held on March 31, 2015 at 11:00 a.m., the plaintiff to initiate the call to 631-712-5720. Ordered by Magistrate Judge William D. Wall on 5/13/2014. (Hepworth, F.)
May 13, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge William D. Wall:Discovery Rule 16 conference held on 5/13/2014 (Hepworth, F.)
May 6, 2014 Opinion or Order Filing 97 STIPULATION AND [PROPOSED] CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER by Los Angeles Employees' Retirement System (Strauss, Joel)
April 16, 2014 Opinion or Order ORDER granting #96 Motion to Adjourn Conference from 4/28/14 to 5/13/14 at 11:30 a.m. Ordered by Magistrate Judge William D. Wall on 4/16/2014. (Hepworth, F.)
April 15, 2014 Opinion or Order Filing 96 Consent MOTION to Adjourn Conference by Ronald A. Malone. (Neuwirth, John)
April 8, 2014 Opinion or Order SCHEDULING ORDER: A discovery planning conference will be held on April 28, 2014 at 2:00 p.m. in Courtroom 820 of the federal courthouse in Central Islip. Any request to adjourn this conference must be filed as a motion and must contain alternative dates available to all counsel. Ordered by Magistrate Judge William D. Wall on 4/8/2014. (Hepworth, F.)
April 7, 2014 Opinion or Order Filing 95 Letter to Judge Arthur D. Spatt requesting that the Court schedule a conference to discuss case management, scheduling and other pertinent matters by Los Angeles Employees' Retirement System (Strauss, Joel)
March 5, 2014 Opinion or Order Filing 94 PARTIAL JUDGMENT - ORDERED AND ADJUDGED that final judgment is hereby entered in favor of all Defendants for claims brought pursuant to the 1933 Act. Signed by Catherine Vukovich, Deputy Clerk on 3/5/14. (Coleman, Laurie) Modified on 4/8/2014 to indicate that this is a partial judgment. (Coleman, Laurie).
March 3, 2014 Opinion or Order Filing 93 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that the Plaintiffs motion pursuant to Rule 54 of the Federal Rules of Civil Procedure is granted in part and denied in part. The motion is granted to the extent the Plaintiff seeks final judgment for the claims brought pursuant to the 1933 Act as to all the Defendants. The motion is denied to the extent the Plaintiff seeks final judgment for claims brought pursuant to the 1934 Act as to Gentiva, Strange, Potapchuck, and Slusser. The Clerk of the Court is directed to enter final judgment in favor of the Defendants on the 1933 Act claims. So Ordered by Judge Arthur D. Spatt on 3/3/14. (Coleman, Laurie)
February 24, 2014 Opinion or Order Filing 91 REPLY in Support re #88 Notice of MOTION for Entry of Judgment under Rule 54(b) CORRECTED VERSION filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
February 24, 2014 Opinion or Order Filing 90 REPLY in Support re #88 Notice of MOTION for Entry of Judgment under Rule 54(b) filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
February 14, 2014 Opinion or Order Filing 89 MEMORANDUM in Opposition re #88 Notice of MOTION for Entry of Judgment under Rule 54(b) filed by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Neuwirth, John)
January 28, 2014 Opinion or Order Filing 88 Notice of MOTION for Entry of Judgment under Rule 54(b) by Los Angeles Employees' Retirement System. (Attachments: #1 Memorandum in Support) (Fox, Frederic)
January 9, 2014 Opinion or Order Filing 87 ANSWER to #74 Amended Complaint, by Ronald A. Malone. (Neuwirth, John)
December 10, 2013 Opinion or Order Filing 86 ORDER granting in part and denying in part #80 Motion for Reconsideration; It is hereby ORDERED, that the Defendants motion for partial reconsideration is granted in part to the extent the remaining claims in the amended consolidated class action complaint against the Defendant John R. Potapchuck the 10(b) and 20(a) claims under the 1934 Act are dismissed; and it is further ORDERED, that the Defendants motion for partial reconsideration is granted in part to the extent the remaining claims in the amended consolidated class action complaint against the Defendant Gentiva the 10(b) claim under the 1934 Act is dismissed; and it is further ORDERED, that the Defendants motion for partial reconsideration is denied in part to the extent the remaining claims in the amended consolidated class action complaint against the Defendant Ronald A. Malone -- the 10(b) and 20(a) claims under the 1934 Act are not dismissed. So Ordered by Judge Arthur D. Spatt on 12/10/2013. (Coleman, Laurie)
October 24, 2013 Opinion or Order Filing 85 REPLY in Support re #80 MOTION for Reconsideration re #79 Order on Motion to Dismiss for Failure to State a Claim,,, filed by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk. (Neuwirth, John)
October 23, 2013 Opinion or Order Filing 84 NOTICE of Appearance by Lauren I Dubick on behalf of Los Angeles Employees' Retirement System (aty to be noticed) (Dubick, Lauren)
October 17, 2013 Opinion or Order Filing 83 MEMORANDUM in Opposition re #80 MOTION for Reconsideration re #79 Order on Motion to Dismiss for Failure to State a Claim,,, filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
October 9, 2013 Opinion or Order Filing 82 ORDER Re: #81 Motion requesting to toll the Defendants time to answer the Complaint pending the court's disposition of the motion for partial reconsideration. So Ordered by Judge Arthur D. Spatt on 10/9/13. (Coleman, Laurie)
October 3, 2013 Opinion or Order Filing 81 MOTION for Extension of Time to File Answer re #74 Amended Complaint, by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Neuwirth, John)
October 3, 2013 Opinion or Order Filing 80 MOTION for Reconsideration re #79 Order on Motion to Dismiss for Failure to State a Claim,,, by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk. (Attachments: #1 Memorandum in Support) (Neuwirth, John)
September 19, 2013 Opinion or Order Filing 79 MEMORANDUM OF DECISION AND ORDER; It is hereby ORDERED, that the Defendants motion to dismiss the amended consolidated class action complaint is granted (1) as to the Defendants H. Anthony Strange and Eric R. Slusser in its entirety; (2) as against the Defendants Ronald A. Malone, John R. Potapchuck, and Gentiva to the extent the Plaintiff re-asserts the 1933 Act Claims previously dismissed with prejudice in the order dated March 25, 2013; (2) as against Malone, Potapchuck, and Gentiva to the extent the Plaintiff seeks to establish their scienter based on a theory of conscious misbehavior and recklessness; and it is further ORDERED, that the Defendants motion to dismiss is denied to the extent the Plaintiff seeks to establish scienter of the Defendants Malone, Potapchuk, and Gentiva based on a theory of motive and opportunity. So Ordered by Judge Arthur D. Spatt on 9/19/2013. (Coleman, Laurie)
September 9, 2013 Opinion or Order Filing 78 REPLY in Support re #75 Motion to Dismiss for Failure to State a Claim filed by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Neuwirth, John)
August 8, 2013 Opinion or Order Filing 77 AFFIDAVIT/DECLARATION in Opposition re #75 Motion to Dismiss for Failure to State a Claim filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
August 8, 2013 Opinion or Order Filing 76 MEMORANDUM in Opposition re #75 Motion to Dismiss for Failure to State a Claim filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
June 24, 2013 Opinion or Order Filing 75 Motion to Dismiss for Failure to State a Claim by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Attachments: #1 Memorandum in Support, #2 Declaration of Joshua S. Amsel, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9) (Neuwirth, John)
May 10, 2013 Opinion or Order Filing 74 AMENDED COMPLAINT FIRST CONSOLIDATED AMENDED CLASS ACTION COMPLAINT against Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange, filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
April 18, 2013 Opinion or Order Filing 73 ORDER Re: #72 Stipulation. LACERS shall file an amended complaint on or before 5/10/13. Defendants shall have forty-five (45) days from the filing and service of the amended complaint to answer, move against or otherwise respond to the amended complaint. Should Defendants file a motion to dismiss, LACERS shall have forty-five (45) days from the filing of such motion to file and serve its opposition thereto, and Defendants shall then have thirty (30) days to file and serve their reply in further support of the motion. Signed by Judge Arthur D. Spatt on 4/18/2013. (Coleman, Laurie)
April 16, 2013 Opinion or Order Filing 72 STIPULATION AND [PROPOSED] ORDER by Los Angeles Employees' Retirement System (Campisi, Jeffrey)
March 25, 2013 Opinion or Order Filing 71 MEMORANDUM OF DECISION AND ORDER - IT is hereby ORDERED, that the Defendants #61 motion to dismiss the Complaint in its entirety is granted; and it is further ORDERED, that the Plaintiff shall have thirty days from the date of this Decision and Order to file an amended complaint in accordance with the Courts rulings set forth above. Ordered by Judge Arthur D. Spatt on 3/25/2013. (Coleman, Laurie)
March 3, 2013 Opinion or Order Filing 92 MEMORANDUM OF DECISION AND ORDER granting in part and denying in part #88 Motion for Entry of Judgment under Rule 54(b); It is hereby ORDERED, that the Plaintiffs motion pursuant to Rule 54 of the Federal Rules of Civil Procedure is granted in part and denied in part. The motion is granted to the extent the Plaintiff seeks final judgment for the claims brought pursuant to the 1933 Act as to all the Defendants. The motion is denied to the extent the Plaintiff seeks final judgment for claims brought pursuant to the 1934 Act as to Gentiva, Strange, Potapchuck, and Slusser. The Clerk of the Court is directed to enter final judgment in favor of the Defendants on the 1933 Act claims. So Ordered by Judge Arthur D. Spatt on 3/3/2014. (Coleman, Laurie)
February 14, 2013 Opinion or Order Filing 70 Letter to Hon. Arthur D. Spatt in Response to Defendants' February 13, 2013 Letter by Los Angeles Employees' Retirement System (Strauss, Joel)
February 13, 2013 Opinion or Order Filing 69 Letter by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange (Attachments: #1 Exhibit A, #2 Exhibit B) (Neuwirth, John)
December 18, 2012 Opinion or Order Filing 68 Letter to Hon. Arthur D. Spatt regarding defendants' December 14, 2012 letter (ECF Dkt. #66) (CORRECTED VERSION) by Los Angeles Employees' Retirement System (Strauss, Joel)
December 17, 2012 Opinion or Order Filing 67 Letter to Hon. Arthur D. Spatt regarding defendants' December 14, 2012 letter (ECF Dkt. #66) by Los Angeles Employees' Retirement System (Strauss, Joel)
December 14, 2012 Opinion or Order Filing 66 Letter by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange (Attachments: #1 Exhibit) (Neuwirth, John)
September 28, 2012 Opinion or Order Filing 65 AFFIDAVIT/DECLARATION in Support re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In Further Support filed by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Neuwirth, John)
September 28, 2012 Opinion or Order Filing 64 REPLY in Support re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Neuwirth, John)
August 14, 2012 Opinion or Order Filing 63 AFFIDAVIT/DECLARATION in Opposition re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Los Angeles Employees' Retirement System. (Strauss, Joel)
August 14, 2012 Opinion or Order Filing 62 MEMORANDUM in Opposition re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Los Angeles Employees' Retirement System. (Strauss, Joel)
June 15, 2012 Opinion or Order Filing 61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11) (Neuwirth, John)
June 15, 2012 Opinion or Order Filing 60 Corporate Disclosure Statement by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange identifying Other Affiliate Wells Fargo & Company, Other Affiliate BlackRock, Inc. for Gentiva Health Services, Inc.. (Neuwirth, John)
May 25, 2012 Opinion or Order Filing 59 ORDER granting #58 Motion for Leave to File Excess Pages - 1. Defendants shall be permitted to file a memorandum of law of up to forty (40) pages in support of their motion to dismiss the Complaint; 2. Plaintiff shall be permitted to file a memorandum of law of up to forty (40) pages in opposition to Defendants' motion to dismiss the Complaint; and 3. Defendants shall be permitted to file a reply memorandum of law of up to fifteen (15) pages in further support of their motion to dismiss the Complaint. Signed by Senior Judge Arthur D. Spatt on 5/25/2012. (Coleman, Laurie)
May 24, 2012 Opinion or Order Filing 58 MOTION for Leave to File Excess Pages by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange. (Amsel, Joshua)
April 17, 2012 Opinion or Order AMENDED SUMMONS Issued as to Gentiva Health Services, Inc., Erik R. Slusser. (Goddard, Elizabeth)
April 16, 2012 Opinion or Order Filing 57 AMENDED COMPLAINT against Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Erik R. Slusser, Anthony H. Strange, filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
February 11, 2012 Opinion or Order Filing 56 ORDER Re: #55 Stipulation - 1. LACERS, shall have until and including sixty (60) days from the entry of this Order by the Court to file and serve a Consolidated Complaint; 2. Defendants shall have sixty (60) days from the filing and service of the Consolidated Complaint to answer, move against or otherwise respond to the Consolidated Complaint; 3. Should Defendants move to dismiss the Consolidated Complaint, LACERS shall have sixty (60) days from the filing of such motion to file and serve its opposition thereto and Defendants shall then have forty-five ( 45) days to file and serve their reply. Signed by Senior Judge Arthur D. Spatt on 2/11/12. (Coleman, Laurie)
February 10, 2012 Opinion or Order Filing 55 STIPULATION and [Proposed] Order by Los Angeles Employees' Retirement System (Strauss, Joel)
January 27, 2012 Opinion or Order Filing 54 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that the motion by class member Los Angeles City Employees Retirement System (LACERS) to be appointed as lead plaintiff in this action, pursuant to 15 U.S.C. 78u4(a) (3)(B), as amended by the Private Securities Litigation Act of 1995, is GRANTED; and it is further ORDERED that the motion by class member Los Angeles City Employees Retirement System (LACERS) for the appointment of Kaplan Fox & Kilsheimer LLP as lead counsel, is GRANTED. Ordered by Senior Judge Arthur D. Spatt on 1/27/2012. (Coleman, Laurie)
January 20, 2012 Opinion or Order Filing 53 Letter enclosing courtesy copy of Submission in Further Support of Motion for Appointment as Lead Plaintiff by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund (Silk, Gerald)
January 20, 2012 Opinion or Order Filing 52 MEMORANDUM in Opposition filed by Indiana Laborers Pension Fund. (Rosenfeld, David)
January 20, 2012 Opinion or Order Filing 51 MEMORANDUM in Support re #40 Notice of MOTION to Appoint Counsel Notice of the Joint Motion of the Arkansas Teacher Retirement System and the Metropolitan Water Reclamation District Retirement Fund for Appointment as Lead Plaintiff filed by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund. (Silk, Gerald)
January 20, 2012 Opinion or Order Filing 50 Letter to Judge Spatt enclosing courtesy copy of Supplemental Memorandum by Los Angeles Employees' Retirement System (Fox, Frederic)
January 20, 2012 Opinion or Order Filing 49 MEMORANDUM in Support re #37 MOTION to Appoint Counsel and Lead Plaintiff filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
January 12, 2012 Opinion or Order Filing 48 SHORT ORDER - In light of the complexity of the financial interest analysis at issue, the Court will now permit each of the four movants to file a brief supplemental submission, not to exceed five pages, on or before January 20, 2012. This submission should address any disputes with regard to the calculation of the financial interests put forth by the movants and will also provide an opportunity to put forth any proof that one of the potential lead plaintiffs will not fairly and adequately protect the interests of the class or is subject to unique defenses that render such plaintiff incapable of adequately representing the class. After reviewing the movants initial and supplemental submissions, the Court will determine whether oral argument will be heard and, if so, will advise counsel of the date and time. Ordered by Senior Judge Arthur D. Spatt on 1/12/2012. (Coleman, Laurie)
January 9, 2012 Opinion or Order Filing 47 Letter to Judge Spatt responding to Arkansas Teachers/Water Reclamation Letter dated January 6, 2012 by Los Angeles Employees' Retirement System (Strauss, Joel)
January 6, 2012 Opinion or Order Filing 46 Letter Regarding Request for Oral Argument by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund (Silk, Gerald)
January 4, 2012 Opinion or Order Filing 45 Letter to Honorable Judge Arthur D. Splatt enclosing courtesy copies of motion papers filed January 3, 2012 by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund (Silk, Gerald)
January 4, 2012 Opinion or Order Filing 44 Letter to Honorable Arthur D. Spatt enclosing courtesy copies of motion filed on January 3, 2012 by International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware (Sabella, James)
January 4, 2012 Opinion or Order Filing 43 Letter to Judge Arthur D. Spatt enclosing courtesy copies of motion papers filed January 3, 2012 by Los Angeles Employees' Retirement System (Strauss, Joel)
January 3, 2012 Opinion or Order Filing 42 AFFIDAVIT/DECLARATION in Support re #40 Notice of MOTION to Appoint Counsel Notice of the Joint Motion of the Arkansas Teacher Retirement System and the Metropolitan Water Reclamation District Retirement Fund for Appointment as Lead Plaintiff Declaration of Gerald H. Silk filed by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Silk, Gerald)
January 3, 2012 Opinion or Order Filing 41 MEMORANDUM in Support re #40 Notice of MOTION to Appoint Counsel Notice of the Joint Motion of the Arkansas Teacher Retirement System and the Metropolitan Water Reclamation District Retirement Fund for Appointment as Lead Plaintiff filed by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund. (Silk, Gerald)
January 3, 2012 Opinion or Order Filing 40 Notice of MOTION to Appoint Counsel Notice of the Joint Motion of the Arkansas Teacher Retirement System and the Metropolitan Water Reclamation District Retirement Fund for Appointment as Lead Plaintiff by Arkansas Teacher Retirement System, Metropolitan Water Reclamation District Retirement Fund. (Attachments: #1 Proposed Order) (Silk, Gerald)
January 3, 2012 Opinion or Order Filing 39 AFFIDAVIT/DECLARATION in Support re #37 MOTION to Appoint Counsel and Lead Plaintiff filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
January 3, 2012 Opinion or Order Filing 38 MEMORANDUM in Support re #37 MOTION to Appoint Counsel and Lead Plaintiff filed by Los Angeles Employees' Retirement System. (Fox, Frederic)
January 3, 2012 Opinion or Order Filing 37 MOTION to Appoint Counsel and Lead Plaintiff by Los Angeles Employees' Retirement System. (Fox, Frederic)
January 3, 2012 Opinion or Order Filing 36 MOTION to Compel Appointment as Lead Plaintiff, Approval of Its Selection of Lead Counsel, and in Opposition to the Competing Motions by International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware. (Attachments: #1 Memorandum in Support of Motion for Appointment as Lead Plaintiff, Approval of Its Selection of Lead Counsel, and in Opposition to the Competing Motions, #2 Declaration of James J. Sabella in Support of Motion for Appointment as Lead Plaintiff, Approval of Its Selection of Lead Counsel, and in Opposition to the Competing Motions, #3 Certificate of Service) (Sabella, James)
January 3, 2012 Opinion or Order Filing 35 AFFIDAVIT/DECLARATION in Support re #33 MOTION to Appoint Counsel and Lead Plaintiff of Samuel H. Rudman filed by Indiana Laborers Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Rudman, Samuel)
January 3, 2012 Opinion or Order Filing 34 MEMORANDUM in Support of Motion to Appoint Lead Plaintiff and Lead Counsel filed by Indiana Laborers Pension Fund. (Rudman, Samuel)
January 3, 2012 Opinion or Order Filing 33 MOTION to Appoint Counsel and Lead Plaintiff by Indiana Laborers Pension Fund. (Attachments: #1 Exhibit A) (Rudman, Samuel)
January 3, 2012 Opinion or Order Filing 32 NOTICE of Appearance by David A. Rosenfeld on behalf of Indiana Laborers Pension Fund (aty to be noticed) (Rosenfeld, David)
December 30, 2011 Opinion or Order Filing 31 NOTICE by Douglas Dahlgard Notice of Plaintiff Douglas Dahlgard's Decision Not to Seek Appointment as Lead Plaintiff (Amon, Thomas)
December 16, 2011 Opinion or Order Filing 30 ORDER re #29 Letter filed by Minneapolis Police Relief Association. SO ORDERED that in light of the court holiday on 1/2/2012, all motions to be appointed lead plaintiff must be filed on or before 1/3/2012. Ordered by Senior Judge Arthur D. Spatt on 12/16/2011. (Florio, Lisa)
December 15, 2011 Opinion or Order Filing 29 Letter to Judge Aurther D. Spatt respectfully requesting clarification of the deadline for the filing of the lead plaintiff motions for this action by Minneapolis Police Relief Association (Strauss, Joel)
December 10, 2011 Opinion or Order Filing 28 ORDER Re: #27 Stipulation Accepting Service of Process and Extending Time to Respond to the Complaint. Signed by Senior Judge Arthur D. Spatt on 12/10/11. (Coleman, Laurie)
December 9, 2011 Opinion or Order Filing 27 STIPULATION Accepting Service of Process and Extending Time to Respond to the Complaint by Arkansas Teacher Retirement System (Stocker, Michael)
December 8, 2011 Opinion or Order Motion Terminated, Docketed Incorrectly: Terminating #26 MOTION to Withdraw Lead Plaintiff Motion. Pursuant to chambers the document herein is not a Motion and was filed to comply with the Court's Order in Docket Entry #25 . (Coleman, Laurie)
December 8, 2011 Opinion or Order Filing 26 MOTION to Withdraw Lead Plaintiff Motion by Minneapolis Police Relief Association. (Strauss, Joel)
November 2, 2011 Opinion or Order Filing 25 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that Plaintiff Steve Endress motion to withdraw as named plaintiff is granted; and it is further ORDERED that the Clerk of the Court is directed to consolidate the five actions set forth above under Docket Number 10CV5064 and Docket Numbers 11CV4433, 11CV4906, 11CV5126, and 11CV05199 are to be closed; and it is further ORDERED that the consolidated action shall hereinafter be referred to as In re Gentiva Securities Litigation and shall proceed under Docket Number 10CV5064, and that all filings are to be made only under Docket Number 10CV5064; and it is further ORDERED that the following motion schedule is set for motions to be appointed lead plaintiff. Any putative class member may file a motion to be appointed lead plaintiff by January 2, 2012, which may not exceed 25 pages in length. The MPRA may withdraw its pending motion (Docket Entry 10) and re-file by January 2, 2012. No responses or replies will be accepted. Signed by Senior Judge Arthur D. Spatt on 11/2/11. Temporarily granting in part and denying in part #10 Motion to Withdraw ; granting #14 Motion to Consolidate Cases; granting #20 Motion to Consolidate Cases. (Coleman, Laurie)
November 1, 2011 Opinion or Order Filing 24 Letter Response to the letter to the Court dated October 27, 2011 by Thomas G. Amon on behalf of Douglas Dahlgard by Arkansas Teacher Retirement System (Stocker, Michael)
October 31, 2011 Opinion or Order Filing 23 Letter Response to the letter to the Court dated October 27, 2011 by Thomas G. Amon on behalf of Douglas Dahlgard by Steve Endress, Minneapolis Police Relief Association (Strauss, Joel)
October 27, 2011 Opinion or Order Filing 22 Letter Motion to Consolidate Cases and for Consideration as Lead Plaintiff by Douglas Dahlgard (Amon, Thomas)
October 25, 2011 Opinion or Order Filing 21 Letter Response to the letter to the Court dated October 20, 2011 by Michael Stocker of the Labaton Sucharow firm on behalf of the Arkansas Teacher Retirement System by Steve Endress, Minneapolis Police Relief Association (Strauss, Joel)
October 20, 2011 Opinion or Order Filing 20 Letter MOTION to Consolidate Cases and for consideration as lead plaintiff by Arkansas Teacher Retirement System. (Keller, Christopher)
October 13, 2011 Opinion or Order Filing 19 Letter Response to the letter to the Court dated October 12, 2011 by James Sabella of the Grant & Eisenhofer firm on behalf of the Int'l Union of Operating Engineers Pension Fund of Eastern Pennsylvania & Delaware by Steve Endress, Minneapolis Police Relief Association (Campisi, Jeffrey)
October 12, 2011 Opinion or Order Filing 18 Letter Response to October 12, 2011 Letter to the Court from Steve Endress on behalf of Minneapolis Police Relief Association by International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware (Sabella, James)
October 12, 2011 Opinion or Order Filing 17 Letter Response to the letter to the Court dated October 11, 2011 by James Sabella of the Grant & Eisenhofer firm on behalf of the Intl Union of Operating Engineers Pension Fund of Eastern Pennsylvania & Delaware by Steve Endress, Minneapolis Police Relief Association (Strauss, Joel)
October 11, 2011 Opinion or Order Filing 16 Letter Motion by International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware (Sabella, James)
October 5, 2011 Opinion or Order Filing 15 Letter Response of Steve Endress and Minneapolis Police Relief Association to letter submitted by Cement Masons & Plasterers Joint Pension Trust on October 5, 2011 by Steve Endress, Minneapolis Police Relief Association (Strauss, Joel)
October 5, 2011 Opinion or Order Filing 14 Letter MOTION to Consolidate Cases and for consideration as lead plaintiff by Cement Masons & Plasterers Joint Pension Trust. (Rudman, Samuel)
August 16, 2011 Opinion or Order Filing 13 MEMORANDUM in Support re #10 MOTION to Withdraw Steve Endress as Named Plaintiff; and the Renewed Motion of The Minneapolis Police Relief Association to be Appointed as Lead Plaintiff and Approval of its Choice of Lead Counsel filed by Steve Endress, Minneapolis Police Relief Association. (Strauss, Joel)
July 25, 2011 Opinion or Order Filing 12 AFFIDAVIT/DECLARATION in Support re #10 MOTION to Withdraw Steve Endress as Named Plaintiff; and the Renewed Motion of The Minneapolis Police Relief Association to be Appointed as Lead Plaintiff and Approval of its Choice of Lead Counsel filed by Steve Endress, Minneapolis Police Relief Association. (Strauss, Joel)
July 25, 2011 Opinion or Order Filing 11 MEMORANDUM in Support re #10 MOTION to Withdraw Steve Endress as Named Plaintiff; and the Renewed Motion of The Minneapolis Police Relief Association to be Appointed as Lead Plaintiff and Approval of its Choice of Lead Counsel filed by Steve Endress, Minneapolis Police Relief Association. (Strauss, Joel)
July 25, 2011 Opinion or Order Filing 10 MOTION to Withdraw Steve Endress as Named Plaintiff; and the Renewed Motion of The Minneapolis Police Relief Association to be Appointed as Lead Plaintiff and Approval of its Choice of Lead Counsel by Steve Endress, Minneapolis Police Relief Association. (Strauss, Joel)
July 19, 2011 Opinion or Order Filing 9 MEMORANDUM OF DECISION AND ORDER -It is hereby ORDERED that MPRAs #4 motion to intervene as a plaintiff is granted; and it is further ORDERED that MPRAs motion to be appointed lead plaintiff is denied without prejudice; and it is further ORDERED that the Clerk of the Court is respectfully directed to amend the caption in this case to read as follows: (see "Decision"). Signed by Senior Judge Arthur D. Spatt on 7/19/2011. (Coleman, Laurie)
March 10, 2011 Opinion or Order ORDER granting #7 Motion for Leave for Richard A. Lockridge to Appear pro hac vice; granting #8 Motion for Karen H. Riebel for Leave to Appear pro hac vice, both contingent upon payment of the required fees and registration for ECF notification. Ordered by Magistrate Judge William D. Wall on 3/10/2011. (Hepworth, F.)
March 7, 2011 Opinion or Order Filing 8 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for Karen H. Riebel Filing fee $ 25, receipt number 0207-4662792. by Minneapolis Police Relief Association. (Attachments: #1 Affidavit of Joel B. Strauss, #2 Proposed Order, #3 Certificate of Service) (Strauss, Joel)
March 7, 2011 Opinion or Order Filing 7 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for Richard A. Lockridge Filing fee $ 25, receipt number 0207-4662747. by Minneapolis Police Relief Association. (Attachments: #1 Affidavit of Joel B. Strauss, #2 Proposed Order, #3 Certificate of Service) (Strauss, Joel)
February 17, 2011 Opinion or Order Filing 6 REPLY to Response to Motion re #4 Notice of MOTION to Intervene filed by Minneapolis Police Relief Association. (Strauss, Joel)
February 7, 2011 Opinion or Order Filing 5 RESPONSE to Motion re #4 Notice of MOTION to Intervene filed by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Anthony H. Strange. (Neuwirth, John)
January 21, 2011 Opinion or Order Filing 4 Notice of MOTION to Intervene by Minneapolis Police Relief Association. (Attachments: #1 Memorandum in Support, #2 Declaration of Joel B. Strauss) (Strauss, Joel)
November 24, 2010 Opinion or Order Filing 3 ORDER Re: #2 Motion for Extension of Time to Answer - The time for defendants Gentiva Health Services, Inc., Ronald A. Malone, Anthony H. Strange and John R. Potapchuck to answer, move, or otherwise respond to the complaint in this action is extended through and including the later of sixty (60) days after (i) the appoinment of a lead plaintiff and lead plaintiff's counsel or (ii) the filing of a consolidated amended complaint in this action. Signed by Senior Judge Arthur D. Spatt on 11/24/10. C/F. (Coleman, Laurie)
November 23, 2010 Opinion or Order Filing 2 MOTION for Extension of Time to File Answer re #1 Complaint by Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Anthony H. Strange. (Neuwirth, John)
November 4, 2010 Opinion or Order Case Ineligible for Arbitration (Bollbach, Jean)
November 2, 2010 Opinion or Order Filing 1 COMPLAINT against Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Anthony H. Strange Disclosure Statement on Civil Cover Sheet completed -No,, filed by Steve Endress. (Attachments: #1 Civil Cover Sheet) (McMahon, Carol)
November 2, 2010 Opinion or Order Summons Issued as to Gentiva Health Services, Inc., Ronald A. Malone, John R. Potapchuk, Anthony H. Strange. (McMahon, Carol)
November 2, 2010 Opinion or Order FILING FEE: $ 350.00, receipt number 4653021545 (McMahon, Carol)

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Search for this case: In re Gentiva Securities Litigation
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Plaintiff: Arkansas Teacher Retirement System
Represented By: Christopher Joseph Keller
Represented By: Gerald Harlan Silk
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Plaintiff: Cement Masons & Plasterers Joint Pension Trust
Represented By: Samuel H. Rudman
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Plaintiff: Douglas Dahlgard
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Plaintiff: Steve Endress
Represented By: Jeffrey P. Campisi
Represented By: Joel B. Strauss
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Plaintiff: International Union of Operating Engineers Pension Fund of Eastern Pennsylvania
Represented By: James J. Sabella
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Plaintiff: Los Angeles Employees' Retirement System
Represented By: Joel B. Strauss
Represented By: Lauren I Dubick
Represented By: Frederic S. Fox
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Intervenor plaintiff: Minneapolis Police Relief Association
Represented By: Joel B. Strauss
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Defendant: Gentiva Health Services, Inc.
Represented By: Joshua Sanders Amsel
Represented By: John A. Neuwirth
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Defendant: Ronald A. Malone
Represented By: Joshua Sanders Amsel
Represented By: John A. Neuwirth
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Defendant: Metropolitan Water Reclamation District Retirement Fund
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Defendant: John R. Potapchuk
Represented By: Joshua Sanders Amsel
Represented By: John A. Neuwirth
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Defendant: Anthony H. Strange
Represented By: Joshua Sanders Amsel
Represented By: John A. Neuwirth
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Consolidated defendant: Erik R. Slusser
Represented By: Joshua Sanders Amsel
Represented By: John A. Neuwirth
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