In Re: Auction Houses Anti., et al v. , et al
Plaintiff: Herbert Black
Defendant: Fataihi Company of Jeddah, Saudi Arabia, A. Alfred Taubman, Swicorp, S.A., Christie's, Inc., John Does 1-10 and Sotheby's Holdings Inc.
Petitioner: Boies, Schiller & Flexner, L.L.P.
Consolidated Plaintiff: Robert A. Daly, Jr., Ronald Black, Vicki Haberman, Andrew Shahinian, Nanette Sue Kass, Gary Downey, William Gaines, Afben Associates LLP, Charlie Brown, B. Morgan Pridemore, III, Pauline Stone Pearsall, Clark Marlor, David Stone, Boies, Schiller & Flexner, LLP, Frieda Glauberman, D. Scott Kelley, Janice D. Madoff, Lawrence J. Zinzi, Daniel Polett, Theodore Sayers, Charlotte L. Donoghue on behalf of herself and all others similarly situtated doing business as Charli Donoghue Galleries, Judy Haddy, Edward Beach Van Winkle, III, OPHIR Galleries, Brad E. Heffler, Evelyn Frank, Denise M. Kranz, Beverly Berry, Primavera Gallery, Inc., Deborah N. Rush, Joel Goldberg, Dr. Philip DiGiovanni, Steven J. Meadow, Leigh W. Bauer, Robert Lebow, David Beal, Rex Harris, Diana D. Brooks, Gerald Cafesjian, Ronald S. Mintz, Mark McDonald on behalf of himself and all others similarly situated doing business as Ganesvoort Gallery, The Duly Appointed Executors Of The Estate Of Robert S. Lee, Morris Zabarkus, Ronald W. Burkle, Brett Mitchell Collection, Inc., Flanders Contemporary Art, Chang Trust, Nicola Smith, Ron Blau, Jack Hunter, Jr., Charlotte Kruman, David Christopher, Maria Elena Noble, Jill H. Abrahams, Paula Weinstein, Donald L. Ackerman, Russel Gulamerian, Barbara Schiffrin, Robert J. Stern, Freedom Trust Company, Macklowe Galleries, Buddy Schussel, Catherine W. Rush, Robert L. Lewis, Isabel S. Cohen, Lawrence Zinzi Antiques, Inc. and Henry Wigglesworth
Claimant: N.B.S. Diamonds, Inc., Seymour Stein, Louis Glick Diamond Corp. d/b/a Louis Glick & Co. and Mouawad Group
Consolidated Defendant: Sotheby's Inc., Christopher M. Davidge, Abraham & Associates, Christie's International, Christie's International, PLC, Sir Anthony Tennant, Kantrowitz, Goldhammer & Graifman, John/Jane Does 1-25, Esq. Jeffrey S. Abraham and Gary S. Graifman
Interested Party: United States Of America and The United States of America
Intervenor Plaintiff: J&J Lubrano, Giovanna Terruzzi, Pamela Alper, William Pearson, Angelo Guido Terruzzi, Mary Jo Anderson, William Strauss and Michael Alper
Case Number: 1:2000cv00648
Filed: January 30, 2000
Court: US District Court for the Southern District of New York
Presiding Judge: Ronald L Ellis
Referring Judge: Lewis A Kaplan
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1 Antitrust Litigation (Monopolizing Trade)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2023 Filing 830 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Tuyetanh L. Tran dated 4/5/23 re: request permission to access a confidential transaction dataset used in the lawsuits concerning the international price-fixing conspiracy between Sotheby's and Christie's auction houses. ENDORSEMENT: Denied without prejudice to the filing of a motion for leave to intervene and for access to the data. Any such motion shall be served on all parties to the case.. (Signed by Judge Lewis A. Kaplan on 4/20/23) (yv)
September 4, 2008 Opinion or Order Filing 829 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Request to Extend Claim Deadline. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Lewis A. Kaplan on 9/4/2008) (tve)
March 20, 2008 Filing 828 NOTICE of OF COMPLIANCE WITH COURT ORDER. Document filed by A. Alfred Taubman. (pl)
November 30, 2006 Opinion or Order Filing 827 ORDER granting 826 Motion for Disbursement of Funds, granting and Motion for Distribution of all remaining settlement funds and MOTION finalizing settlement distribution . (Signed by Judge Lewis A. Kaplan on 11/27/06) (js, )
November 22, 2006 Filing 826 MOTION for Distribution of all remaining settlement funds and MOTION finalizing settlement distribution; .
February 23, 2006 Transmission of USCA Mandate/Order to the District Judge re: 824 USCA Mandate,. (nd, )
February 22, 2006 Filing 824 MANDATE of USCA (Certified Copy) as to 813 Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co.,, 806 Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co., USCA Case Number 05-0785-cv, 05-1669-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 2/10/2006. (nd, )
December 5, 2005 Filing 823 NOTICE of Change of Address by Hilton Soniker on behalf of N.B.S. Diamonds, Inc.(indicated on the system). (cd, )
December 1, 2005 Filing 822 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Eric Brenner dated 11/15/2005 re: At the Court's request, Lead Counsel submits this response to the letter of Glenn Tonnesen regarding the voiding of his settlement check. ENDORSEMENT: Proposal approved without objection. (Signed by Judge Lewis A. Kaplan on 11/30/2005) (lb, )
November 29, 2005 Opinion or Order Filing 821 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Glenn L. Tonnesen dated 10/25/05. ENDORSEMENT: Plaintiff's counsel shall respond by 11/15/05. So Ordered. (Signed by Judge Lewis A. Kaplan on 11/1/05) (js, )
May 16, 2005 Filing 820 Second Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 814 Amended Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co., USCA Case Number 05-0785-cv, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, )
May 11, 2005 Filing 819 REPLY to Application of Louis Glick & Co concerning its late fld claims, fld by lead counsel. (as per doc #818). (cd, )
May 11, 2005 Opinion or Order Filing 818 STIPULATION AND ORDER that the Clerkof the Court is directed to file, docket, and enter the attached document (next entry), which was submitted to Mag Judge Ellis. (Signed by Judge Lewis A. Kaplan on 5/10/05)(cd, )
April 26, 2005 Filing 817 First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 806 Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co.,, 807 Amended Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co.,, 814 Amended Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co., USCA Case Number 05-0785-cv, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, )
April 19, 2005 Opinion or Order Filing 816 STIPULATION AND ORDER:Whereas, class member Louis Glick has appealed the District Court orders dated 1/5/2005 and 1/14/2005, and the parties to the appeal after having reviewed the docket sheet for accuracy and completeness, have determined that certain submissions to the Court are not included in the Court's docket. Upon the District Court's approval the Clerk of Court is directed to file, docket, and enter the attached documents, all of which were submitted to either Magistrate Judge Ronald L. Ellis or District Judge Lewis Kaplan. This stipulation may be signed in counterparts and facsimile signatures shall be accepted as original signatures. (Signed by Judge Lewis A. Kaplan on 4/14/2005)
April 7, 2005 Transmission of USCA Mandate/Order to the District Judge re: 815 USCA Mandate,. (pr, )
April 5, 2005 Filing 815 MANDATE of USCA (Certified Copy) as to 584 Notice of Appeal,,, filed by Christie's, Inc.,, Sotheby's Holdings Inc.,, Christie's International, PLC, USCA Case Number 03-7616-cv. Ordered that the appeal is DISMISSED as indicated. MACKECHNIE, Clerk USCA. Certified: 4/1/05. (pr, )
April 1, 2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 813 Notice of Appeal. (tp, )
April 1, 2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 814 Amended Notice of Appeal. (tp, )
April 1, 2005 Transmission of Notice of Appeal to the District Judge re: 813 Notice of Appeal. (tp, )
April 1, 2005 Transmission of Notice of Appeal to the District Judge re: 814 Amended Notice of Appeal. (tp, )
March 31, 2005 Filing 814 SECCOND AMENDED NOTICE OF APPEAL re: 813 Notice of Appeal, 801 Order, 804 Endorsed Letter, 809 Order Adopting Report and Recommendations. Document filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: the parties listed in the NOA. (tp, )
March 31, 2005 Filing 813 NOTICE OF APPEAL from 801 Order, 809 Order Adopting Report and Recommendations. Document filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co.. Filing fee $ 255.00, receipt number E 539663. Copies of Notice of Appeal mailed to Attorney(s) of Record: the parties listed in the NOA. (tp, )
March 31, 2005 Filing 812 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 806 Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co.,, 807 Amended Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co., USCA Case Number 05-0785-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (pr, )
March 22, 2005 Opinion or Order Filing 811 ORDER The Court is in receipt of a letter, dated 2/10/05, from Mr. Wolf, which it construes to be an untimely objection to the report and recommendation. Accordingly, even if the Court were disposed to overlook the untimeliness of the objection, the objection would be overruled on the merits. So Ordered. (Signed by Judge Lewis A. Kaplan on 3/18/05) (jco, )
March 8, 2005 Filing 810 USCA SCHEDULING ORDER as to 806 Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co.,, 807 Amended Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co., USCA Case Number 05-0785-cv. Appeal Record due by 3/30/2005. (pr, )
March 8, 2005 USCA Case Number 05-0785-cv assigned to 806 Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co.,, 807 Amended Notice of Appeal, filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co.,. (pr, )
February 15, 2005 Transmission of Notice of Appeal to the District Judge re: 806 Notice of Appeal,. (pr, )
February 15, 2005 Transmission of Notice of Appeal to the District Judge re: 807 Amended Notice of Appeal,. (pr, )
February 15, 2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 806 Notice of Appeal,. (pr, )
February 15, 2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 807 Amended Notice of Appeal,. (pr, )
February 14, 2005 Opinion or Order Filing 808 ORDER granting 805 Motion to finalize the distribution of settlement fund (in the amount of $13,751,736.82 in cash and $4,138,257.00 in face value of certificates allocated among the 920 timely unpaid claims) and void checks pursuant to the Court's 1/5/05 Ruling. (Signed by Judge Lewis A. Kaplan on 2/10/05) (db, )
February 14, 2005 Filing 807 AMENDED NOTICE OF APPEAL re: 806 Notice of Appeal,, 794 Report and Recommendations,,,,,, 801 Order, 804 Endorsed Letter,,. Document filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co.. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Richard B. Drubel, Leo Kailas, Hilton Soniker, Peter R. Stern, Jan Goodman, Joachim Wolf, James Rouhandeh, Michael L. Weiner, Shepard Goldfein, Steven Alan Reiss, Howard B. Comet, John Siffert. (pr, )
February 4, 2005 Opinion or Order Filing 809 ORDER ADOPTING REPORT AND RECOMMENDATIONS; for the reasons set forth on this Order, the Court adopts Magistrate Judge Ellis' report and recommendation and disposes of Lead Counsel's motion for authority to finalize distribution of settlement proceeds and to allocate funds. (Signed by Judge Lewis A. Kaplan on 2/22/2005) (jp, )
February 4, 2005 Filing 806 NOTICE OF APPEAL from 794 Report and Recommendations,,,,,, 798 Endorsed Letter, 804 Endorsed Letter,,. Document filed by Louis Glick Diamond Corp. d/b/a Louis Glick & Co.. Filing fee $ 255.00, receipt number E 533725. Copies of Notice of Appeal mailed to Attorney(s) of Record: Richard B. Drubel, Leo Kailas, Hilton Soniker, Peter R. Stern, Jan Goodman, Joachim Wolf. (pr, )
January 20, 2005 Filing 805 MOTION to finalize distribution of settlement fund and void checks purs to the court's 1/5/05 rulings, fld by Lead Plaintifs. . (cd, )
January 20, 2005 Filing 804 ENDORSED LETTER addressed to Judge Kaplan from Zachary Newman dated 1/14/2005 re: counsel writes requesting that the Court reconsider its decision and declare that Louis Glick's claims be treated as timely and paid equably with the other timely, approved claims. Application denied. Failure to list all affected transactions resulted in an incomplete claim form. There remains no reason why the recoveries of diligent claimants should be reduced to benefit the inattentive and careless. (Signed by Judge Lewis A. Kaplan on 1/18/2005) (jp, )
January 6, 2005 Opinion or Order Filing 801 ORDER; the Court adopts the report and recommendation and disposes of Lead Counsel?s motion accordingly. (Signed by Judge Lewis A. Kaplan on 1/5/05) Copies mailed by chambers.(pl, )
January 5, 2005 Filing 802 MEMORANDUM OF LAW in Opposition to the Objection to the Report and Recommendation of Mag Judge Ellis, fld by Lead Counsel. (cd, )
December 20, 2004 Filing 800 OBJECTION to the 794 Report and Recommendation of Mag. Judge Ronald L. Ellis recommending the denial of the application of Louis Glick & Company for approval and payment of its claims. Filed by Louis Glick & Company. (ae, )
December 7, 2004 Filing 798 ENDORSED LETTER addressed to Judge Kaplan from Zachary G. Newman dated 12/1/2004 re: Louis Glick will have until 12/20/2004 to file its objection. (Signed by Judge Lewis A. Kaplan on 12/2/2004)
December 7, 2004 Set/Reset Deadlines: Objections to R&R due by 12/20/2004 (jsa, )
December 2, 2004 Filing 799 SUPPLEMENTAL AFFIDAVIT OF SERVICE of Affidavit of Neal A. Potischman in Response to Order awarding sanctions against Caleb... served on Caleb P. Leys, Eq., Pro Se Law Offices of Caleb P. Leys on 12/1/04. Service was made by Mail.. (djc)
December 1, 2004 Filing 797 AFFIDAVIT of John S. Siffert in Response to order Awarding Sanctions Against Caleb B. Leys. Document filed by Diana D. Brooks. (jmi, )
December 1, 2004 Filing 796 AFFIDAVIT of Neal A. Potischman. Document filed by Diana D. Brooks, Christie's, Inc., Christopher M. Davidge, John/Jane Does 1-25, Fataihi Company of Jeddah, Saudi Arabia, Gary S. Graifman, Sotheby's Holdings Inc., Swicorp, S.A., A. Alfred Taubman, Anthony Tennant. (pl, )
November 18, 2004 Opinion or Order Filing 795 MEMORANDUM AND OPINION # 90902. Judge Ronald L. Ellis finds that sanctions against Caleb P. Leys, under 28 U.S.C. 1927, for unreasonably and vexatiously multiplying proceedings by engaging in bad faith conduct in the pursuit of baseless claims and making misrepresentations of fact to the court for improper purposes. Therefore, the Court orders that Leys should pay the reasonable costs, expenses, and attorney's fees incurred by defendants in responding to the Second Leys Action. For the Court to determine this amount, counsel for defendants must submit an accounting of expenses and attorney's fees "requiring more than simply a report of the number of hours spent and the hourly rate." The Court has the authority and reserves the right to adjust the amount of the sanctions award as justice requires, taking into account fairness and the ability of the sanctioned party to pay (Signed by Judge Ronald L. Ellis on 11/17/04) (yv, )
November 17, 2004 Filing 794 REPORT AND RECOMMENDATIONS in re motion by Boises, Schiller and Flenxer, lead counsel for the plaintiff class("Lead Counsel') to authorize the final distribution from the settlement fund established to resolve the claims herein. Objections to R&R due by 12/1/2004 (Signed by Judge Ronald L. Ellis on 11/16/2004) Filed In Associated Cases: 1:00-cv-00648-LAK-RLE,1:00-cv-00677-LAK,1:00-cv-00748-LAK,1:00-cv-00756-LAK,1:00-cv-00766-LAK, 1:00-cv-00767-LAK,1:00-cv-00770-LAK,1:00-cv-00775-LAK,1:00-cv-00788-LAK,1:00-cv-00792-LAK, 1:00-cv-00796-LAK,1:00-cv-00798-LAK,1:00-cv-00799-LAK,1:00-cv-00827-LAK,1:00-cv-00835-LAK, 1:00-cv-00837-LAK,1:00-cv-00838-LAK,1:00-cv-00846-LAK,1:00-cv-00850-LAK,1:00-cv-00852-LAK, 1:00-cv-00886-LAK,1:00-cv-00891-LAK,1:00-cv-00892-LAK,1:00-cv-00904-LAK,1:00-cv-00931-LAK, 1:00-cv-00934-LAK,1:00-cv-00939-LAK,1:00-cv-00941-LAK,1:00-cv-00944-LAK,1:00-cv-00945-LAK, 1:00-cv-00947-LAK,1:00-cv-00950-LAK,1:00-cv-00951-LAK,1:00-cv-00952-LAK,1:00-cv-00996-LAK, 1:00-cv-01013-LAK,1:00-cv-01034-LAK,1:00-cv-01047-LAK,1:00-cv-01117-LAK,1:00-cv-01141-LAK, 1:00-cv-01281-LAK,1:00-cv-01322-LAK,1:00-cv-01326-LAK,1:00-cv-01340-LAK,1:00-cv-01389-LAK, 1:00-cv-01421-LAK,1:00-cv-01526-LAK,1:00-cv-01608-LAK,1:00-cv-02723-LAK,1:00-cv-03460-LAK, 1:00-cv-03529-LAK,1:00-cv-03574-LAK,1:00-cv-03672-LAK,1:00-cv-03911-LAK,1:00-cv-03913-DLC, 1:00-cv-03914-DLC,1:00-cv-06322-LAK,1:00-cv-07018-LAK,1:00-cv-07292-LAK,1:00-cv-07943-LAK, 1:03-cv-09745-LAK(jsa, ) Modified on 11/18/2004 (jsa, ).
September 16, 2004 Filing 793 AFFIDAVIT of Linda Goldsmith in Support of Lead Counsel's Motion for Authority to finalize Distribution of Settlement Proceeds. (djc, )
May 14, 2004 Filing 792 LEAD COUNSELS RESPONSE TO THE REPLY OF SEYMOUR STEIN. Received in night deposit box on 5/14/04 at 8:16 p.m. (db, )
May 13, 2004 Opinion or Order Filing 791 ORDER; that dfts motion to dismiss the action for lack of subject matter jurisdiction is denied. Given the relationship between this case and Auction Houses, this action 03cv9745(LAK) is consolidate with 00cv0648 (LAK). (Signed by Judge Lewis A. Kaplan on 5/13/04). (Signed by Judge Lewis A. Kaplan on 5/13/04) (pl, )
May 3, 2004 Filing 790 REPLY MEMORANDUM OF LAW in Opposition to lead counsel's motion for authority to finalize distribution of settlement proceeds and in further support of his applications. Document filed by Seymour Stein. (jco, )
April 28, 2004 Filing 789 REPLY re: 780 Notice of Appearance. Document filed by Boies, Schiller & Flexner, L.L.P. Received in night deposit box on 4/28/04 at 8:26 p.m. (yv, )
April 26, 2004 Filing 788 MEMORANDUM OF LAW in Reply to Application of Joachim Wolf concerning his Late-Filed Claim. Received in the night deposit box on 4/26/04 at 7:23 P.M. (sac, )
April 26, 2004 Filing 787 MEMORANDUM OF LAW in Reply to Application of SIBA concerning its Late-Filed Claim. Received in the night deposit box on 4/26/04 at 7:23 P.M. (sac, )
April 26, 2004 Filing 786 TRANSCRIPT of proceedings held on 3/18/04 before Judge Ronald L. Ellis.(ps, )
April 2, 2004 Filing 785 Lead Counsel's Corrected Post-Hearing Brief in Support of Motion for Authority to Finalize Distribution of Settlement Proceeds.(djc, )
April 1, 2004 Filing 784 Lead Counsel's Post-Hearing Brief in Support of Motion for Authority to Finalize Distribution of Settlement Proceeds;(djc, )
March 31, 2004 Filing 783 REVISED DECLARATION of Zachary G. Newman in Support of Louis Glick & Company's application for a declaration that Louis Glick's claim should be treated as Approved Claims. (tp, )
March 31, 2004 Filing 782 REPLY MEMORANDUM OF LAW in Support of its application for a declaration that its claims be deemed approved claims. Document filed by Louis Glick & Company. (yv, )
March 29, 2004 Filing 781 Mouawad Group's Post Hearing Brief in Opposition to Lead Counsel's Motion for Authority to Finalize Distribution of Settlement Proceeds. Document filed by Mouawad Group.(jco, )
March 26, 2004 Opinion or Order MEMO ENDORSEMENT on re: 746 Motion for Attorney Fees;; Motion decided by Order of 06/02/04. FIled in 00 cv 6322. (Signed by Judge Lewis A. Kaplan on 3/26/04)
March 25, 2004 Filing 780 NOTICE of Appearance by Peter R. Stern on behalf of Seymour Stein and objection to lead counsel's notice of motion for authority to finalize distribution of settlement proceeds. dle, )
March 25, 2004 Opinion or Order Filing 779 ORDER The Court has before it a motion of Class Law, Solicitors, for relief which, if granted, might result in addiotional liability for attorneys' fees. It is not aware whether sufficient funds remain to pay any such award without affecting rights of Class Members who have been or might hereafter be paid pursuant to the settlement. Accordingly, before the Court considers the motion, it needs additional information. Lead Counsel is directed to file, no later than 4/14/04, a status report as of 2/29/04, on the administration of the settlement. The report shall detail receipts by and including the dates and amounts of disbursements. Payments to individual claimants, however, may be aggregated for each date on which such disbursement were made. In no case need the identity of individual claimants be reflected. So Ordered. (Signed by Judge Lewis A. Kaplan on 3/24/04) (jco, )
March 23, 2004 Opinion or Order Filing 778 ORDER, late claim filers to submit their responses by 3/29/04; class counsel to submit a reply by 4/1/04. (Signed by Judge Ronald L. Ellis on 3/22/04) (cd, )
February 26, 2004 Opinion or Order Filing 777 ORDER : The Court is in receipt of a letter from a disgruntled class member who complains among other things that the lawyers have not provided him with accurate or precise information regarding his claim and have "given (him the Court's) details to contact direct." It seems inappropriate for lead counsel to refer inquires from class members to the Court, particularly in view of the fact that they have been awarded attorneys' fees in excess of $26 million. Mr. Boies, his hereby directed personally to respond to the letter of Barry S. Daives on or before 3/15/2004. (Signed by Judge Lewis A. Kaplan on 2/26/2004) Associated Cases: 1:00-cv-00648-LAK-RLE,1:00-cv-00677-LAK,1:00-cv-00748-LAK,1:00-cv-00756-LAK,1:00-cv-00766-LAK, 1:00-cv-00767-LAK,1:00-cv-00770-LAK,1:00-cv-00775-LAK,1:00-cv-00788-LAK,1:00-cv-00792-LAK, 1:00-cv-00796-LAK,1:00-cv-00798-LAK,1:00-cv-00799-LAK,1:00-cv-00827-LAK,1:00-cv-00835-LAK, 1:00-cv-00837-LAK,1:00-cv-00838-LAK,1:00-cv-00846-LAK,1:00-cv-00850-LAK,1:00-cv-00852-LAK, 1:00-cv-00886-LAK,1:00-cv-00891-LAK,1:00-cv-00892-LAK,1:00-cv-00904-LAK,1:00-cv-00931-LAK, 1:00-cv-00934-LAK,1:00-cv-00939-LAK,1:00-cv-00941-LAK,1:00-cv-00944-LAK,1:00-cv-00945-LAK, 1:00-cv-00947-LAK,1:00-cv-00950-LAK,1:00-cv-00951-LAK,1:00-cv-00952-LAK,1:00-cv-00996-LAK, 1:00-cv-01013-LAK,1:00-cv-01034-LAK,1:00-cv-01047-LAK,1:00-cv-01117-LAK,1:00-cv-01141-LAK, 1:00-cv-01281-LAK,1:00-cv-01322-LAK,1:00-cv-01326-LAK,1:00-cv-01340-LAK,1:00-cv-01389-LAK, 1:00-cv-01421-LAK,1:00-cv-01526-LAK,1:00-cv-01608-LAK,1:00-cv-02723-LAK,1:00-cv-03460-LAK, 1:00-cv-03529-LAK,1:00-cv-03574-LAK,1:00-cv-03672-LAK,1:00-cv-03911-LAK,1:00-cv-03913-DLC, 1:00-cv-03914-DLC,1:00-cv-06322-LAK,1:00-cv-07018-LAK,1:00-cv-07292-LAK,1:00-cv-07943-LAK copies mailed by chambers.(jsa, ) Modified on 2/27/2004 (jsa, ).
February 18, 2004 Filing 776 SUR REPLY re: 764 Motion to AuthorizeMotion for Disbursement of FundsMotion for Disbursement of FundsMotion for Disbursement of Funds. Document filed by Mouawad Group. (sac, )
February 12, 2004 Filing 775 Lead Counsel for Garden City Group's Reply to Appeal of Mouawad Group. Received in night deposit box on 2/12/04 at 4:56 p.m. (db, )
February 12, 2004 Filing 774 Lead Counsel for Garden City Group's Reply to Appeal of NBS Diamonds, Inc. Received in night deposit box on 2/12/04 at 5:18 p.m. (db, )
February 10, 2004 Opinion or Order Filing 773 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for dispositive motion. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Lewis A. Kaplan on 1/29/04) (dg, )
February 10, 2004 Opinion or Order Filing 772 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for specfic non-dispositive motion/dispute. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Lewis A. Kaplan on 1/27/04) (dg, )
January 26, 2004 Filing 771 AFFIDAVIT of Tarek Nsouli in Support re: 770 Objection (non-motion). Document filed by Mouawad Group. Received in the night deposit box on 1/26/04 at 5:08 P.M.(sac, )
January 26, 2004 Filing 770 Objection re: 764 Motion for Authority to Finalize Distribution of Settlement Proceeds. Document filed by Mouawad Group. Received in the night deposit box on 1/26/04 at 5:08 P.M. (sac, )
January 17, 2004 Filing 769 STATUS REPORT, re Settlement ADministration and Notice of Motion for Authority to Finalize Distribution of Settlement Proceeds..(cd, )
January 14, 2004 Opinion or Order ORDER denying without prejudice 732 Motion for Reimbursement of Attorneys Fees. The motion is subject to renewal after disposition of the appeal. . (Signed by Judge Lewis A. Kaplan on 1/13/2004) (jsa, )
January 13, 2004 Opinion or Order MEMO ENDORSEMENT on re: 761 Motion for Disbursement of Remainder of Fee of Lead Counsel and Non-Lead Counsel; This motion was granted by Order dated 9/2/03, docket item 762. (Signed by Judge Lewis A. Kaplan on 1/13/04) (ae, )
January 13, 2004 Opinion or Order MEMO ENDORSEMENT on re: 747 Motion for Attorneys' Fees; This motion should be docketed in 00 Civ. 6322 and was decided by order dated 6/2/03, docket item 71, in that case. (Signed by Judge Lewis A. Kaplan on 1/13/04) (ae, )
January 12, 2004 Opinion or Order Filing 768 (DUPLICATE ORIGINAL) ORDER granting 759 Motion to Authorize to Proceed w/ Second Interim Distribution of Settlement Fund, the Supplemental Distribution Report prepared by The Garden City Group, Inc.; purs. to the Court's 4/20/01 Agreed Order Finally Approving Settlement, Approving Plan of Allocation, and Awarding Reasonable Attorney Fees and Costs; the Court's 4/13/01 Memorandum Opinion; the Court's 2/22/01 Memorandum Opinion; paragraph 10 of the Settlement Agreements between Lead Counsel and Christie's and Lead Counsel and Sotheby's; and paragraph 8 of the Plan of Allocation, a Second Interim Distribution is authorized in the amount of $24,853,621.84 in cash and $7,487,859 face value in certificates to pay those 1,429 claims that, since the First Distribution, have become complete, unchallenged, and ready to be paid.(Signed by Judge Lewis A. Kaplan on 7/10/03) (ae, ).
November 19, 2003 Filing 766 NOTICE of change of address of the The Furth Firm LLP counsel for the plaintiffs. 225 Bush Street, 15th Floor, San Francisco, California 94104. (kw)
October 7, 2003 Opinion or Order Filing 765 Memo-Endorsement on letter addressed to Judge Kaplan from James P. Rouhandeh, dated 10/2/03. Counsel for A. Alfred Taubman requests that the Court set a deadline for Mr. Leys to comply with the Court's 7/17/03 Order requiring him to file a bond in connection with his pending appeal. The bond shall be posted on or before 10/10/03 . ( signed by Judge Lewis A. Kaplan ) (sb)
September 30, 2003 Opinion or Order Memo endorsed on motion; that the Court is granting the [764-1] motion (This Document Relates to: All Actions) for an Order authorizing a third distribution from the Settlement Fund to pay 1,058 claims that have become complete, unchallenged and ready for payment sinice the initial and supplemental distributions of settlement proceeds pursuant to the Court's Orders dated 5/9/03 and 7/7/03; Granting [764-2] motion for an Order granting the disbursement of $15,261.25 in cash to pay the balance of the fees and expenses awarded by the Court to Much Shelist Freed Denenberg Ament & Rubinstein, P.C. ( signed by Judge Lewis A. Kaplan ). (tp)
September 19, 2003 Filing 764 NOTICE OF MOTION by Boies, Schiller LLP, (This Document Relates to: All Actions) for an Order authorizing a third distribution from the Settlement Fund to pay 1,058 claims that have become complete, unchallenged and ready for payment sinice the initial and supplemental distributions of settlement proceeds pursuant to the Court's Orders dated 5/9/03 and 7/7/03 ; for an Order granting the disbursement of $15,261.25 in cash to pay the balance of the fees and expenses awarded by the Court to Much Shelist Freed Denenberg Ament & Rubinstein, P.C. . Return Date not indicated. Proposed Order is attached. (tp)
September 19, 2003 Filing 763 SEALED DOCUMENT placed in vault. (wv)
September 2, 2003 Opinion or Order Filing 762 ORDER; granting, without opposition, [761-1] motion for disbursement of remainder of fee of lead counsel and non-lead counsel. ( signed by Judge Lewis A. Kaplan ); Copies mailed by Chamber (sac)
August 21, 2003 USCA Case Number Re: [750-1] appeal USCA NUMBER: 03-7616. (dt)
July 23, 2003 Filing 761 NOTICE OF MOTION for disbursement of remainder of fee of lead counsel and non-lead counsel ; Return Date not indicated (cd)
July 18, 2003 Opinion or Order Filing 760 ORDER: the motions of A. Alfred Taubman [751-1] and Diane D. Brooks [755-1] for orders, purs. to Fed. R. App. 7, requiring Caleb Leys to file bonds, each in the amount of $50,000 to ensure payment to each movant of costs on appeal is GRANTED to the extent that Leys shallfile a single bond in the amount of $100,000 to secure payment of costs on appeal to Taubman and Brooks. Leys' appeal, is frivolous and part of a frivolous and vexatious course of conduct, of which purpose is to extort settlements by threatening to impose litigation costs on the movants as further et forth in said order. ( signed by Judge Lewis A. Kaplan ) (db)
July 11, 2003 Opinion or Order Filing 758 ORDER; granting [744-1] motion for an order to finally approve the settlement reflected in the Settlement Agreement as a fair, reasonable and adequate settlement for the Class, as further set forth on this motion and to approve the proposed plan of allocation. ( signed by Judge Lewis A. Kaplan ) (sb)
July 10, 2003 Filing 759 (REDACTED) NOTICE OF MOTION AND UNOPPOSED MOTION (Original Filed Under Seal) by Herbert Black, Nanette Sue Kass, Morris Zabarkus, Steven J. Meadow, Janice D. Madoff, Freedom Trust Co., Frieda Glauberman, Catherine W. Rush, Vicki Haberman, Henry Wigglesworth, Robert A. Daly Jr., Gerald Cafesjian, Andrew Shahinian, Charlotte L. Donoghue, Barbara Schiffrin, Donald L. Ackerman, Jill H. Abrahams, Flanders Contempo., Maria Elena Noble, Ronald S. Mintz, Brett Mitchell, Clark Marlor, Robert J. Stern, Brad E. Heffler, Theodore Sayers, Afben Associates LLP, Joel Goldberg, Ronald Black, Deborah N. Rush, D. Scott Kelley, B. Morgan Pridemore III, Robert L. Lewis, Evelyn Frank, Denise M. Kranz, Judy Haddy, Buddy Schussel, Charlotte Kruman, Philip DiGiovanni, Mark McDonald, Robert Lebow, Russel Gulamerian, Nicola Smith, Charlie Brown, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee, Beverly Berry, Paula Weinstein, Gary Downey, Chang Trust, Pauline Stone Pearsall, Edward Beach Van Winkle III, David Beal, David Stone, William Gaines, Macklowe Galleries, David Christopher, Diana D. Brooks, Ron Blau, OPHIR Galleries, Primavera Gallery, Lawrence J. Zinzi, Isabel S. Cohen, Lawrence Zinzi Antiq, Rex Harris, Ronald W. Burkle, Mary Jo Anderson, Pamela Alper, Michael Alper, William Strauss, William Pearson, J&J Lubrano, Angelo Guido Terruzzi, Giovanna Terruzzi, for an Order granting authority to proceed with Second Interim Distribution of Settlement Fund . Return Date not indicated. Supplemental Distribution Report is attached. (tp)
July 10, 2003 Filing 757 SEALED DOCUMENT placed in vault. (wv)
July 7, 2003 Opinion or Order Filing 756 STIPULATION and ORDER: each person or entity that seeks to be identified by the Certificate Administrator as a market maker will be asked to provide certain information and documentation. The Certificate Administrator will not identify as a market maker any person or entity who fails or refuses to provide such information or, in the sole discretion of the Auction Houses, its reasonable equivalent as further set forth in said order. In any case, the aggrieved applicant may seek review by the Court . ( signed by Judge Lewis A. Kaplan ) (db)
June 30, 2003 Filing 755 NOTICE OF MOTION by Diana D. Brooks for an order requiring Caleb Leys to file a bond in connection with his appeal ; Return Date not indicated; (djc)
June 30, 2003 Filing 754 MEMORANDUM OF Adoption of Papers filed by Co-Defendant A. Alfred Taubman by Diana D. Brooks. (djc)
June 25, 2003 Filing 753 AFFIDAVIT of Neal A. Potischman in support of [751-1] motion for an Order pursuant to Federal Rule of Appellate Procedure 7 requiring Caleb Leys to file a $50,000 bond in connection with his appeal. (jco)
June 25, 2003 Filing 752 MEMORANDUM OF LAW by A. Alfred Taubman in support of [751-1] motion for an Order pursuant to Federal Rule of Appellate Procedure 7 requiring Caleb Leys to file a $50,000 bond in connection with his appeal. (jco)
June 25, 2003 Filing 751 NOTICE OF MOTION by A. Alfred Taubman; for an Order pursuant to Federal Rule of Appellate Procedure 7 requiring Caleb Leys to file a $50,000 bond in connection with his appeal . Return Date not indicated. (jco)
June 12, 2003 Notice of appeal and certified copy of docket to USCA: [750-1] appeal ; Copy of notice of appeal sent to District Judge. (pr)
June 10, 2003 Filing 750 NOTICE OF APPEAL from the judgment entered on May 12, 2003, in suite 1310. Appeal by Plaintiff & Appellant Caleb P. Leys. Copies of notice of appeal mailed to Attorney(s) of Record: Shepard Goldfein, William Joseph Linklater, James P. Rouhandeh, Neal A. Potischman, Lorilee A. Vaughan, John Siffert, William Joseph Linklater, Howard Comet, David Boies. $105.00 APPEAL FILING FEE PAID ON 6/11/03, RECEIPT # E 476153. (pr)
June 2, 2003 Opinion or Order Memo endorsed on motion; that the Court is granting the [741-1] motion for an Order authorizing for disbursement of funds of $525,000 the Settlement Fund in order to pay estimated taxes owed as a result of interest income earned on the Settlement Fund from 1/1/03 to 4/24/03. ( signed by Judge Lewis A. Kaplan ). (tp)
May 23, 2003 Filing 749 Compilation of Counsel's Declarations in support of joint petition for attorneys' fees and reimbursement of expenses. Received in the night deposit box on 5/23/03 at 7:38 p.m. (sb)
May 23, 2003 Filing 748 JOINT DECLARATION of J. Douglas Richards, Karen L. Morris, and Michael D. Hausfeld in support of application for payment of attorneys' fees and expenses. Received in the night deposit box on 5/23/03 at 7:38 p.m. (sb)
May 23, 2003 Filing 747 NOTICE OF MOTION by Class Law, Solicitors for an order for an award of attorneys' fees . Return Date 6/2/03 at 9:30. Received in the night deposit box on 5/23/03 at 7:39 p.m. Affidavit of Howard David Epstein attached. (sb)
May 23, 2003 Filing 746 NOTICE OF MOTION by Cananda Plaintiffs' Counsel for an order for an award of attorneys' fees . Return Date 6/2/03 at 9:30. Received in the night deposit box on 5/23/03 at 7:39 p.m. (sb)
May 23, 2003 Filing 745 MEMORANDUM OF LAW by Herbert Black, Nanette Sue Kass, Morris Zabarkus, Steven J. Meadow, Janice D. Madoff, Freedom Trust Co., Frieda Glauberman, Catherine W. Rush, Vicki Haberman, Henry Wigglesworth, Robert A. Daly Jr., Gerald Cafesjian, Andrew Shahinian, Charlotte L. Donoghue, Barbara Schiffrin, Donald L. Ackerman, Jill H. Abrahams, Flanders Contempo., Maria Elena Noble, Ronald S. Mintz, Brett Mitchell, Clark Marlor, Robert J. Stern, Brad E. Heffler, Theodore Sayers, Afben Associates LLP, Joel Goldberg, Ronald Black, Deborah N. Rush, D. Scott Kelley, B. Morgan Pridemore III, Robert L. Lewis, Evelyn Frank, Denise M. Kranz, Judy Haddy, Buddy Schussel, Charlotte Kruman, Philip DiGiovanni, Mark McDonald, Robert Lebow, Russel Gulamerian, Nicola Smith, Charlie Brown, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee, Beverly Berry, Paula Weinstein, Gary Downey, Chang Trust, Pauline Stone Pearsall, Edward Beach Van Winkle III, David Beal, David Stone, William Gaines, Macklowe Galleries, David Christopher, Diana D. Brooks, Ron Blau, OPHIR Galleries, Primavera Gallery, Lawrence J. Zinzi, Isabel S. Cohen, Lawrence Zinzi Antiq, Rex Harris, Ronald W. Burkle in support of [744-1] motion for an order to finally approve the settlement reflected in the Settlement Agreement as a fair, reasonable and adequate settlement for the Class, as further set forth on this motion and to approve the proposed plan of allocation, [744-2] motion for an order to award plaintiffs' counsel fees and expenses. Received in the night deposit box on 5/23/03 at 7:38 p.m. Compendium in support attached. (sb) Modified on 06/03/2003
May 23, 2003 Filing 744 NOTICE OF MOTION by Herbert Black, Nanette Sue Kass, Morris Zabarkus, Steven J. Meadow, Janice D. Madoff, Freedom Trust Co., Frieda Glauberman, Catherine W. Rush, Vicki Haberman, Henry Wigglesworth, Robert A. Daly Jr., Gerald Cafesjian, Andrew Shahinian, Charlotte L. Donoghue, Barbara Schiffrin, Donald L. Ackerman, Jill H. Abrahams, Flanders Contempo., Maria Elena Noble, Ronald S. Mintz, Brett Mitchell, Clark Marlor, Robert J. Stern, Brad E. Heffler, Theodore Sayers, Afben Associates LLP, Joel Goldberg, Ronald Black, Deborah N. Rush, D. Scott Kelley, B. Morgan Pridemore III, Robert L. Lewis, Evelyn Frank, Denise M. Kranz, Judy Haddy, Buddy Schussel, Charlotte Kruman, Philip DiGiovanni, Mark McDonald, Robert Lebow, Russel Gulamerian, Nicola Smith, Charlie Brown, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee, Beverly Berry, Paula Weinstein, Gary Downey, Chang Trust, Pauline Stone Pearsall, Edward Beach Van Winkle III, David Beal, David Stone, William Gaines, Macklowe Galleries, David Christopher, Diana D. Brooks, Ron Blau, OPHIR Galleries, Primavera Gallery, Lawrence J. Zinzi, Isabel S. Cohen, Lawrence Zinzi Antiq, Rex Harris, Ronald W. Burkle for an order to finally approve the settlement reflected in the Settlement Agreement as a fair, reasonable and adequate settlement for the Class, as further set forth on this motion and to approve the proposed plan of allocation and for an order to award plaintiffs' counsel fees and expenses. Return Date 6/2/03 at 2:30. Received in the night deposit box on 5/23/03 at 7:37 p.m. (sb)
May 22, 2003 Filing 743 REPLY MEMORANDUM by A. Alfred Taubman in furher support of A. Alfred Taubman's motion for reimbursement of attorneys' fees and costs purs to 28 U.S.C. Section 1927. (djc)
May 14, 2003 Opinion or Order Filing 742 ORDER, denying motion by Caleb Leys, Esq. to set aside the order staying prosecution of Leys' California action for the reasons set forth in the memorandum of law submitted on behalf of defendant A. Alfred Taubman in opposition thereto . ( signed by Judge Lewis A. Kaplan ); Copies mailed by Chambers on 5/13/03. (yv)
May 13, 2003 Filing 741 NOTICE OF MOTION by Christie's, Inc., Sotheby's Holdings for an Order authorizing for disbursement of funds of $525,000 from the Settlement Fund in order to pay estimated taxes owed as a result of interest income earned on the Settlement Fund from 1/1/03 to 4/24/03 . Return Date not indicated. (gf) Modified on 05/15/2003
May 12, 2003 Opinion or Order Filing 740 ORDER granting [739-1] motion for an order authorizing an initial distribution from the settlement fund . ( signed by Judge Lewis A. Kaplan ); (djc)
May 12, 2003 Opinion or Order Filing 738 ORDER granting [737-1] motion for authority to proceed with initial disribution of settlement fund . ( signed by Judge Lewis A. Kaplan ); (djc)
May 9, 2003 Filing 739 NOTICE OF MOTION by Lead Counsel for an order authorizing an initial distribution from the settlement fund . No Return Date. (sb)
May 9, 2003 Filing 736 SEALED DOCUMENT placed in vault. (js)
May 9, 2003 Filing 735 SEALED DOCUMENT placed in vault. (wv)
May 8, 2003 Filing 737 NOTICE OF MOTION for authority to proceed with initial disribution of settlement fund ; Return Date not indicated (cd)
May 2, 2003 Filing 734 AFFIDAVIT of Neal A. Potischman by A. Alfred Taubman in support of [732-1] motion for an order for reimmbursement of attorneys' fees and costs purs to 28 U.S.C. section 1927. (djc)
May 2, 2003 Filing 733 MEMORANDUM OF LAW by A. Alfred Taubman in support of [732-1] motion for an order for reimmbursement of attorneys' fees and costs purs to 28 U.S.C. section 1927. (djc)
May 2, 2003 Filing 732 NOTICE OF MOTION by A. Alfred Taubman for an order for reimmbursement of attorneys' fees and costs purs to 28 U.S.C. section 1927 ; Return Date not indicated; (djc)
April 30, 2003 Filing 731 MEMORANDUM OF LAW by A. Alfred Taubman in Opposition to Caleb Leys' Motion for Reconsideration of the Court's March 12, 2003 Order Staying the California Proceedings. (djc)
April 14, 2003 Filing 730 Letter filed addressed to Judge Kaplan from Caleb P. Leys, dated 4/7/03, re: ex parte communication of 2/12/03 (cd)
March 13, 2003 Opinion or Order Filing 729 ORDER; granting [726-1] motion for an order, staying certain proceedings pending against Mrs. Brooks in California, compelling the plaintiff in such proceedings to comply with the terms of the Sotheby's Settlement Agreement by asserting his claims in this Court, granting [723-1] motion for an Order to stay certain proceedings, granting [723-2] motion for an Order to compel the plaintiff in such proceedings to comply with the Sotheby's settlement agreement and assert this court. The motions of Taubman and Brooks are granted to the extent that all proceedings in the Second Leys Action are stayed pending further order of this Court. So much of the motions as seek sanctions against Mr. Leys is referred to the assigned magistrate judge . ( by Judge Lewis A. Kaplan ); Copies mailed by Chambers. (sb)
February 27, 2003 Filing 728 AFFIDAVIT OF SERVICE of Notice of Motion et al by mail on 2/26/03 (cd)
February 26, 2003 Filing 727 MEMORANDUM OF ADOPTION of Papers filed by A. Alfred Taubman in support of [726-1] motion for an order, staying certain proceedings pending against Mrs. Brooks in California, compelling the plaintiff in such proceedings to comply withthe terms of the Sttlement Agrrement by asserting his claims in this Court . (laq)
February 26, 2003 Filing 726 NOTICE OF MOTION by Diana D. Brooks for an order, staying certain proceedings pending against Mrs. Brooks in California, compelling the plaintiff in such proceedings to comply withthe terms of the Sotheby's Sttlement Agrrement by asserting his claims in this Court . Return Date not indicated. (laq)
February 25, 2003 Filing 725 AFFIDAVIT of Neal A. Potischman by A. Alfred Taubman in support of [723-1] motion for an Order to stay certain proceedings, [723-2] motion for an Order to compel the plaintiff in such proceedings to comply with the Sotheby's settlement agreement and assert this court . (gf)
February 25, 2003 Filing 724 MEMORANDUM OF LAW by A. Alfred Taubman in support of [723-1] motion for an Order to stay certain proceedings, [723-2] motion for an Order to compel the plaintiff in such proceedings to comply with the Sotheby's settlement agreement and assert this court . (gf)
February 25, 2003 Filing 723 NOTICE OF MOTION by A. Alfred Taubman for an Order to stay certain proceedings , and for an Order to compel the plaintiff in such proceedings to comply with the Sotheby's settlement agreement and assert this court . Return Date not indicated. (gf)
February 14, 2003 Filing 722 Memo-Endorsement on letter addressed to Judge Kaplan from James P. Rouhandeh, representing A. Alfred Taubman, dated 2/12/03. Counsel may file an appropriate motion without the need for any conference. Counsel for Ms. Brooks may do so as well . ( signed by Judge Lewis A. Kaplan ); (kw)
February 4, 2003 Filing 721 STATUS REPORT filed by LEAD PLTFF'S. (db)
January 3, 2003 Opinion or Order Filing 720 ORDER (this document relates to all cases) granting [717-1] motion for an Order authorizing disbursements from the Settlement Fund in the amounts reflected in the attached chart (Ex. A) for payment of approved fees and expenses to non-lead counsel . ( signed by Judge Lewis A. Kaplan ); Copies mailed by Chambers on 1/2/03. (yv)
January 3, 2003 Opinion or Order Filing 718 Memo endorsed on (COPY) motion; denying [716-1] motion for an order for clarification of the Court's 4/27/01 ruling. Moot is no minute order. Docket item 510, an order endorsed on 4/27/01 or counsel's 3/5/01 application, awarded much shelist $31,242.50, the total amount sought. ( signed by Judge Lewis A. Kaplan ); (sac)
December 31, 2002 Filing 719 STATUS REPORT by Herbert Black (djc)
December 23, 2002 Filing 717 NOTICE OF MOTION by Herbert Black; for an Order authorizing disbursements from the Settlement Fund in the amounts reflected in the attached chart (Ex. A) for payment of approved fees and expenses to non-lead counsel . Return Date not indicated. Proposed Order attached. (jco) Modified on 01/03/2003
December 23, 2002 Filing 716 NOTICE OF MOTION by Charlotte L. Donoghue, Brett Mitchell for an order for clarification of the Court's 4/27/01 ruling . Return Date not indicated. (dle)
December 16, 2002 Opinion or Order Memo endorsed on motion; granting [713-1] motion for an order authorizing the disbursment of $500,000 from the Settlement Fund in order to pay estimated taxes owed as a result of interest income earned on the Settlement Fund from 1/1/02 to 9/30/02 . ( signed by Judge Lewis A. Kaplan ); (djc)
December 16, 2002 Opinion or Order Filing 715 ORDER, by 12/31/02, plaintiffs' lead counsel shall file with the Court a status report with respect to the administration and distribution of the settlement . ( signed by Judge Lewis A. Kaplan ); Copies mailed by chambes. (kw)
December 16, 2002 Opinion or Order Memo endorsed on motion; granting [714-1] motion for an order authorizing the disbursement of $12,800 from the Settlement Fund in order to pay tax preparation costs . ( signed by Judge Lewis A. Kaplan ); (pl)
December 2, 2002 Filing 714 NOTICE OF MOTION AND AGREED MOTION for an order authorizing the disbursement of $12,800 from the Settlement Fund in order to pay tax preparation costs . No Return Date. Received in the night deposit box on 12/2/02 at 5:14 p.m. (sb)
December 2, 2002 Filing 713 NOTICE OF MOTION AND AGREED MOTION by Lead Counsel for an order authorizing the disbursment of $500,000 from the Settlement Fund in order to pay estimated taxes owed as a result of interest income earned on the Settlement Fund from 1/1/02 to 9/30/02 . No Return Date. Affidavit of Frank M. Calabro and proposed order attached. Received in the night deposit box on 12/2/02 at 5:14 p.m. (sb) Modified on 12/04/2002
October 2, 2002 Memo endorsed on motion; denying as moot [644-1] motion to serve as lead counsel . ( signed by Judge Lewis A. Kaplan ); (pl)
October 2, 2002 Memo endorsed on motion; denying as moot [632-1] motion to serve as Lead Counsel . ( signed by Judge Lewis A. Kaplan ); (djc)
September 16, 2002 Opinion or Order Filing 712 Memo endorsed on motion; granting Christie's [710-1] motion for an order authorizing the disbursement of $500,000 from the Settlement Fund in order to pay estimated taxes owed as a result of interest earned on the Settlement Fund from 1/1/02-6/30/02 . ( signed by Judge Lewis A. Kaplan ); (dle)
September 10, 2002 Filing 711 NOTICE of change of address, telephone and facsimile numbers for counsel for The Class. (dle)
August 30, 2002 Filing 710 NOTICE OF MOTION by Christie's, Inc., Sotheby's Holdings for an order authorizing the disbursement of $50,000 from the Settlement Fund in order to pay estimated taxes owed as a result of interest earned on the Settlement Fund from 1/1/02-6/30/02 . Affidaivt of Frank M. Calabro in support attached. Return Date not indicated. (moc)
August 26, 2002 Filing 709 Letter filed by the Fellowship of Friends addressed to Daniel Patrick Moynihan from Abraham N. Goldman, dated 8/22/02, re: entry of appearance. (yv) Modified on 08/29/2002
August 26, 2002 Filing 708 MANDATE OF USCA (certified copy) Re: Affirm [584-1] appeal by Sotheby's Holdings, Christie's, Inc., Christie's Intl. PLC, [590-1] appeal by Michael Alper, Pamela Alper, [592-1] appeal by Giovanna Terruzzi, Angelo Guido Terruzzi, J&J Lubrano. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the motions to dismiss the appeal are DENIED and the judgment of said District Court be and it is AFFIRMED. (01-7626(L), 01-7708(Xap) & 01-7712(Xap). Roseann B. MacKechnie, Clerk, U.S.C.A. (Issued as Mandate 8/21/02). (dt)
July 31, 2002 Opinion or Order Filing 707 Memo endorsed on copy of motion; granting [706-1] motion for an order authorizing the disbursement of $4333.33 from the settlement fund in order to pay tax preparation costs. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jco) Modified on 08/05/2002
July 25, 2002 Filing 706 NOTICE OF MOTION by Christie's, Inc., Sotheby's Holdings for an order authorizing the disbursement of $4333.33 from the settlement fund in order to pay tax preparation costs . Return Date not indicated. (dle)
April 12, 2002 Opinion or Order Filing 705 Memo endorsed on copy of motion; granting [704-1] motion for an order authorizing the disbursement of of $ 1,030,000.00 the settlement funds in order to pay estimated taxes owed a result of interest income earned on the settlement fund from the prior year. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kkc)
April 10, 2002 Filing 704 NOTICE OF MOTION AND AGREED MOTION by Lead Counsel and Christie's and Lead Counsel and Sotheby's and Chase Manhattan Bank for an order authorizing the disbursement of of $ 1,030,000.00 from the settlement funds in order to pay estimated taxes owed as a result of interest income earned on the settlement fund from the prior year . Affidavit of Frank M. Calabro in support of motion and Proposed order attached. No Return date indicated. (db)
January 18, 2002 Filing 703 STATUS REPORT Regarding Settlement Administration filed by Lead Counsel. (jco)
January 16, 2002 Opinion or Order Filing 701 ORDER GRANTING AGREED MOTION FOR DISBURSEMENT OF ACTUAL AND ESTIMATED TAX PAYMENT that purs to paragraph 6 o fthe 10/27/00, Settlement Agreements, and paragraphs 4(b) and 6(b) of the 12/12/00, Escrow Agreement, Chase Manahattan Bank is authorized to (i) release $34,722 from the Settlement Fund in order to pay taxes owed as a result of interest income earned on the Settlement Fund from 12/13/00 through 12/31/00, and (ii) release $2,750,000 from the Settlement Fund in order to pay estimated taxes owed as a result of interest income earned on the Settlement Fund from 1/1/01 to 9/30/01 ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd)
January 9, 2002 Filing 702 NOTICE OF MOTION AND AGREED MOTION FOR DISBURSEMENT OF ACTUAL AND ESTIMATED TAX PAYMENTS; for an Order, authorizing (i) the disbursement of $34,722 from the Settlement Fund in order to pay taxes owed as a result of interest income earned on the Settlement Fund from 12/13/00 through 12/31/00, and (ii) the disbursement of $2,750,000 from the Settlement Fund in order to pay estimated taxes owed as a result of interest income earned on the Settlement Fund from 1/1/01 to 9/30/01 . Return date not indicated. (tp)
January 8, 2002 Opinion or Order Filing 700 ORDER; the Court has received several communications from class members indicating that they have not received any payments in respect of the settlement. Plaintiffs' Lead Counsel, on or before 01/21/02, shall file a report describing the status of the admininstration of the settlement including the anticipated schedule for distribution of settlement payments to class members ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
December 11, 2001 Filing 699 True Copy of Order from the USCA RE: [592-1] appeal by Giovanna Terruzzi, Angelo Guido Terruzzi, J&J Lubrano, [590-1] appeal by Michael Alper, Pamela Alper, [584-1] appeal by Sotheby's Holdings, Christie's, Inc., Christie's Intl. PLC Whereas, the cases form which this appeal is taken were consolidated, by order entered 2/23/00 into In re Auction Houses Antirrust Litigation, No. 00 Civ. 0648 (LAK); Whereas, the consolidated cases from which this appeal is taken were certified as a class action by order dated 4/20/00, Whereas, the undersigned have agred to a revised caption for these appeals to accurately reflect the identities and status of some of the parties to these appeals: Now therefore, it is hereby stipulated, by and between the undersigned counsel for the parties in this appeal, pursuant to Rule 10(e) of the Federal Rules of Appellate Procedure, that the caption in the above-captioned appeal shall be amended to conform to Corrected Caption annexed as Exhibit A hereto. So Ordered. Certified: 12/7/01, 01-7626 (L), 01-7708 (XAP), 01-7712 (XAP) Roseann B. MacKechnie, Clerk, U.S.C.A. . (rmo)
November 9, 2001 Filing 698 Letter filed addressed to James M. Parkison, Clerk of Court from Morton B. Margulies, dated 11/2/01, re: Proposed Class Settlement. (jp)
October 16, 2001 Opinion or Order Filing 697 Memo endorsed on motion; Granting this motion for an order authorizing the disbursement of $1,000,000.00 from Settlement Fund in order to pay estimated taxes owed as a result of interest income earned on the Settlement Fund from 1/1/01 through 6/30/01 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (tp)
October 10, 2001 Filing 696 Letter filed addressed to Clerk James M. Parkinson from Mr. Alexander Clayman, dated 9/25/01, re: change of address. (bai)
October 5, 2001 Opinion or Order Filing 694 ORDER; the motion of J & J Lubrano and others for an order granting the permission to identify docket items 406 and 445, filed under seal, is granted to the extent that movants are advised that docket item 406 is an affidavit of David A. Isaac with Annexed Exhibits E01, E-2, F-1 and F-2 and that docket item 445 is a transcript of proceedings held on 2/1/01 on an application by Sotheby's concerning the report of the court-appointed experts . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl)
October 3, 2001 Opinion or Order Filing 695 ORDER; the motion of the defendant auction houses to retain under seal the following tables (Initial Bid - Tables 1 and 4 through 9) and Revised Bid (Tables 1,3, and 5 through 9) contained in the inital and revised bids of Pomerantz Haudek Block Grossman & Gross LLP which the Court has been informed is unopposed, is granted. Accordingly, the Clerk shall physically remove the tables indicated above from the Pomerntz bids, plce the tables under seal in an envelope labeled "Tables from Pomerantz Bid," and place the remaining parts of the Pomerantz bids in the public file ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
October 3, 2001 Filing 626 SEALED DOCUMENT placed in vault. (wv)
October 3, 2001 Filing 625 SEALED DOCUMENT placed in vault. (wv)
September 25, 2001 Filing 624 NOTICE OF MOTION by J&J Lubrano, Angelo Guido Terruzzi, Giovanna Terruzzi for permission to ascertain the identity of two documents fld under seal ; Return date not indicated (cd)
September 24, 2001 Filing 623 DECLARATION of Donaldson C. Pillsbury by Sotheby's Holdings. (kw)
September 18, 2001 Filing 622 Corrected DECLARATION of Donaldson C. Pillsbury by Sotheby's Holdings, Sotheby's Inc. (djc)
September 18, 2001 Filing 621 CORRECTED MEMORANDUM OF LAW by Sotheby's Holdings, Sotheby's Inc. in support of the auction Houses' Motion to retain the seal as to portions of two bids. (djc)
September 7, 2001 Filing 620 MEMORANDUM OF LAW by Christie's, Inc., Sotheby's Holdings, Sotheby's Inc., Christie's Int'l. in support of [619-1] motion for an orderto continue the seal as to portions of two of the bids. (Received in night deposit box on 9/7/01, at 10:04 p.m.) (tp)
September 7, 2001 Filing 619 NOTICE OF MOTION by Christie's, Inc., Sotheby's Holdings, Sotheby's Inc., Christie's Int'l. for an orderto continue the seal as to portions of two of the bids . Return date not indicated. (Received in night deposit box on 9/7/01, at 10:04 p.m.) (tp)
August 23, 2001 Filing 618 Letter filed addressed to Honerable Judge Kaplan from Karen F. Donovan, dated 8/10/01, re: Unserved motion of opposition. (bai)
August 21, 2001 Filing 693 AFFIDAVIT of Ronald M. Harstad, PH.D in support of Rabin and Peckel LLP's Revised Bid and Application for Appointment as Lead Counsel for the Class. (docmt previusly filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 692 AFFIDAVIT of Ronald M. Harstad, PH.D by Gary Downey in support of Rabin and Peckel LLP's Bid and application for Appointment as Lead Counsel for the Class; (docmt previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 691 MEMORANDUM by Gary Downey in support of [691-1] remark (Revised Lead Counsel (Rabin & Peckel LLP) Proposal; (docmt previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per OIrder, document #617) (djc)
August 21, 2001 Filing 690 MEMORANDUM in Support by Gary Downey and Emile-Marie, Inc., in support of [690-1] Lead Counsel's (Rabin & Peckel LLP) Proposal; (docmt previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 689 Letter filed by Rex Harris addressed to Judge Kaplan from Edward M. Selfe, dated 05/24/01; re: purs to Order dated May 17, 2000, altering the bidding structure in certain respects, counsel submits a bid for the position of lead counsel as set forth in this letter; (docmt was previously filed under seal on 09/22/000 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 688 SUPPLEMENTAL MEMORANDUM OF LAW of Abbey, Gardy & Squitieri, LLP in Support of Application for Appointment as Lead Counsel; (docmt previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 687 Ex Parte Sealed Bid of Pomerantz Hauder Block Grossman & Gross LLP in Response to the Court's ORder Dated May 17, 2000; (docmt was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 686 Revised Proposal for Lead COunsel Position of Liebenberg & White and Sandals Langer & Taylor LLP; (docmt previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 685 Supplement to Sealed Bid of Lieff, Cabraser, heimann & Bernstein, LLP for LEad Counsel for Plaintiff Class; (docmt was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, docmt #617) (djc)
August 21, 2001 Filing 684 Qualifications, Analysis and Bid of Goodkind Labaton Rudoff & Sucharow LLP; (docmt previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 683 Proposal by Cochett, Pitre & Simon for appointment as Lead Class Counsel. (docmt was previously filed under seal on 09/22/01 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 682 Sealed Bid Purs to Order of May 17, 2000 on behalf of Plaintiff Morris Zabarkus; (docmt was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 681 Susman Godfrey's Revised Bid to become lead counsel. (this docmt was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 680 The Furth Firm's Revised Bid for Lead Counsel Position Pursuant to the Court's Order of May 17, 2000. (this docmt was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 679 BRIEF of Lovell & Stewart, LLP explaining the basis for and supporting its revised Bid. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, doucment #617) (djc)
August 21, 2001 Filing 678 Bid, AFFIRMATION, Certification and Credentials of of Lovell & Stewart LLP; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 677 Sealed Bid of Wechsler Harwood Halebian & Feffer LLP regarding the Court's May 17, 2000 Order; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 676 Amended Seal Ex Parte Bid of Milberg Weiss Bershad Hynes & Lerach LLP to serve as Plaintiff's Lead Counsel; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 675 Sealed Bid of Levin, Fishbein, Sedran and Berman; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 674 Kohn, Seift & Graf, P.C.'s Sealed Bid to be Lead Counsel for the Plaintiff Class; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 673 Kirby McInerney & Squire's Revised Bid to be Apppointed Lead Counsel and Explanatory Memorandum; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 672 Revised Competitive Bid by Beatie and Osborn to Represent the Class; ( this document was previously filed under seal on 05/22/00 and unseled on 08/21/01 as per Order, document #617) (djc) Modified on 10/10/2001
August 21, 2001 Filing 671 Susman Godfrey's Bid to Become Lead Counsel; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 670 The Furth Firm's Bid for Lead Counsel Position and Comments on the Court's Auction Process; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 669 Submission of Lovell & Stewart, LLP Regarding Proposed Auction Process; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 668 Corrected and Expanded Brief of Lovell & Stewart, LLP Explaining the Basis for and Supporting its Bid. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 667 Brief of Lovell & Stewart, LLP Explaining the Basis for and Supporting its Bid; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 666 Lovell & Stewart LLP's submission of bid. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 665 MEMORANDUM OF LAW of Rabin & Peckal LLP in support of the Court's Auction Procedure for Selecting Lead Counsel. (this document was previously filed under seal on 09/22/01 and unsealed on 08/21/01 as per Order, document #617). (djc)
August 21, 2001 Filing 664 Lead counsel to plaintiffs Emile-Marie, Inc and Gary Downeys' proposal; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 663 Kaplan Kilsheimer & Fox LLPs' NOTICE of Filing with the Clerk of Court the attached Affidavit of Jill E. Fisch, sworn to May 3, 2000, with respect to the proposal contained in this Court's Order of April 20, 2000. (this document was previously filed under seal on 09/22/00 and unsealed on 08;/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 662 Interim Submission of Kaplan, Kilsheimer & Fox LLP with respect to the auction Methodology set forth in this Court's Order of April 20, 2000. (this document was previously filed under seal on 09/22/01 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 661 MEMORANDUM in support of [659-1] bid of Kaplan, Kilsheimer & Fox LLP to be lead counsel; (this document was perviusly filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 660 Bid of Kaplan, Kilsheimer & Fox LLP to be Lead Counsel (this document was perviously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 659 Sealed Bid of Lieff, Cabraser, Heimann & Bernstein, LLP for Lead Counsel for Plaintiff Class. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 658 AFFIDAVIT of Samuel D. Heins in connection with the Bid submitted by Heins Mills & Olson, P.L.C. for appointment as Plaintiffs' Lead Counsel in this litigation; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 657 Bid submitted by Heins Mills & Olson, P.L.C. for Appointment as Plaintiffs' Lead Counsel (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 656 AFFIDAVIT of Joshua N. Rubin in support of Application for Appointment as Lead Counsel ( document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 655 MEMORANDUM OF Abbey, Gardy & Squitieri, LLP ij Support of Applicati for Appintment as Lead Counsel. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 654 Letter filed addressed to Judge Kaplan from Alice McInerney, dated 05/15/00, re: submission of corrections contained in bid that was submitted on Friday, May 12, 2000; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 653 Kirby McInerney & Squire's Corrected Bid to be appointed lead counsel and exxplanatory memorandum. (this document was previously filed unser seal on 09/22/01 and unsealed on 08/21/01 per Order, document #617) (djc)
August 21, 2001 Filing 652 Kirby McInerney & Squire's Bid to be Appointed Lead Counsel and Explanatory Memorandum. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 651 Kohn, Swift & Graf, P.C.'s Sealed Bid to be Lead Counsel for the Plaintiff Class. (this documtn was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 650 Letter filed addressed to Judge Kaplan from Edward M. Selfe, dated 05/10/01; Re: notifying court that counsel will file a class action suit in this Court no later than 05/19/00. This firm's bid for the position of lead counsel for the plaintiff class is set forth in this letter; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc) Modified on 10/10/2001
August 21, 2001 Filing 649 Bid of Boies, Schiller & Flexner LLP for Positin of LEad Counsel; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 648 Shapiro Haber & urmy LLP's Proposal as to the compensation Arrangement Purs to which Shapiro Haber & Urmy would Represent the Class as Lead Counsel; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 647 SECOND DECLARATION of Attorney Edward F. Haber in support of Shapiro Haber & Urmy LLP's Proposal as to the Compensation Arrangement Purs to which Shapiro Haber & Urmy would represent the class as Lead Counsel. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 646 DECLARATION of Attorney Edward F. Haber in support of Shapiro Haber & Urmy LLP's Proposal as to the Compensation Arrangement Purs to which Shapiro Haber & Urmy would represent the Class as Lead Counsel; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc) Modified on 10/11/2001
August 21, 2001 Filing 645 AFFIDAVIT of Mark A. Wendorf in support of this firm's bid to serve as lead counsel; (this document was previously filed under seal on 09/22/01 and unsealed on 08/21/01 per Order, document #617) (djc)
August 21, 2001 Filing 644 NOTICE OF MOTION and Bid of Reinhardt and Anderson to serve as lead counsel ; Return date not indicated. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 per Order, document #617) (djc)
August 21, 2001 Filing 643 Proposal for Lead Counel Position of Liebenberg & White and Sandals Langer & Taylor LLP (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 642 Ex Parte Sealed Bid of Pomerantz Haudek Block Grossmn & Gross in Response to the Court's Order dated April 20, 2000. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 641 Beatie and Osborn's Bid to Represent the Class. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per ORder, document #617) (djc)
August 21, 2001 Filing 640 AFFIDAVIT of Russel H. Beatie by David Stone and Jose W. Noyes based on personal knowledge participation in most of the events described in it, and the records in his possession and the possession of his office. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 639 Sealed Ex Parte Bid of Milberg Weiss Bershad Hynes & Lerach LLP to Serve as Plaintiffs' Lead Counsel. (this document was previously filed under seal on 05/12/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Opinion or Order Filing 638 ORDER; Firms interested in bidding for t position of lead counsel for th plaintiff class shall submit sealed bids to th chambers of th undersigned ex parte at or before 4 p.m. on May 25, 2000. Bids will contain three parts as set forth in this Order ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (this document was previously filed under seal on 05/12/00 and unsealed on 08/22/01 per Order, document #617) (djc)
August 21, 2001 Filing 637 Ex Parte Sealed Bid of Pomerantz Haudek Block Grossman & Gross LLP in Response to the Court's Order dated April 20, 2000. (this document was previously filed under seal on 05/12/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 636 Bid Proposal of cohen, Milstein, Hausfeld & Toll, P.L.L.C. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 635 Revised Bid of Boies, Schiller & Flexner LLP for Position of Lead Counsel. (this document was previously filed under seal on 09/22/01 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 634 SECOND DECLARATION of Attorney Edward F. Haber by Ron Blau in support of Shapiro Haber & Urmy LLP's Proposal as to the Compensation Arrangement Purs to which Shapiro Haber & Urmy would Represent the Class as Lead Counsel; (this document was previously filed undr seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 633 AFFIDAVIT of Garrett D. Blanchfield in support of [632-1] motion to serve as Lead Counsel. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, docment #617) (djc)
August 21, 2001 Filing 632 Plaintiffs' NOTICE OF MOTION and Bid of Reinhardt and Anderson to serve as Lead Counsel ; Return date not indicated. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as Per Order, document #617) (djc)
August 21, 2001 Filing 631 MEMORANDUM in support of the Second Bid of Kaplan, Kilsheimer & Fox LLP to be Lead Counsel. (This document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 630 Second Bid of Kaplan, Klisheimer & Fox LLP to be Lead Counsel; (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as Per Order, ducment #617) (djc)
August 21, 2001 Filing 629 Sealed Bid of Levin, Fishbein, Sedran and Berman ((document was previously filed undear seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Filing 628 Sealed Ex Parte Bid of Milberg Weiss Bershad Hynes & Lerach LLP to serve as Plaintiffs' Lead Counsel. (this document was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, doucment #617) (djc) Modified on 10/10/2001
August 21, 2001 Filing 627 Plaintiff Morris Zabarkus' Sealed Bid and Submissions Purs to Order of April 20, 2000. (docmt was previously filed under seal on 09/22/00 and unsealed on 08/21/01 as per Order, document #617) (djc)
August 21, 2001 Opinion or Order Filing 617 MEMORANDUM OPINION #86005; that for the reasons set forth in this Opinion, Ms. Donovan's [612-1] motion is granted to the following extent. Outside counsel for Christie's and Sotheby's, but no one else, may inspect the bids and bid documents currently held under seal by the Clerk between now and 9/4/01; in the event Christie's or Sotheby's moves to continue the seal as to any or all of the sealed documents on or before 9/7/01, the bids and bid documents shall be retained under seal pending further Order of the Court; in the event neither moves to continue the seal on or before that date, the bids and bid documents shall be placed on the public record on 9/10/01 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kkc)
August 10, 2001 Opinion or Order Filing 616 ORDER GRANTING AGREED MOTION FOR DISBURSEMENT OF 50% OF LEAD COUNSEL'S FEE; the Escrow Agreement by and among Christie's, Sotheby's, Lead Counsel, and Chase Manhattan Bank, Chase Manhattan Bank, as escrow agent, is authorized to release $13.375 million from the escrow fund at this time for the payment of slightly less than 50% of the fee awarded to lead counsel . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ae)
August 3, 2001 Filing 615 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [592-1] appeal by Giovanna Terruzzi, Angelo Guido Terruzzi, J&J Lubrano, [590-1] appeal by Michael Alper, Pamela Alper, [584-1] appeal by Sotheby's Holdings, Christie's, Inc., Christie's Intl. PLC. (sb)
August 2, 2001 USCA Case Number Re: [592-1] appeal by Giovanna Terruzzi, Angelo Guido Terruzzi, J&J Lubrano, [590-1] appeal by Michael Alper, Pamela Alper, [584-1] appeal by Sotheby's Holdings, Christie's, Inc., Christie's Intl. PLC USCA NUMBER: 01-7626(L), 01-7708 & 01-7712(Xap). (dt)
July 27, 2001 Filing 614 RESPONSE by Sotheby's Holdings, Sotheby's Inc., Christie's Int'l., Christie's, Inc. to [612-1] motion to unseal all of the competing bids and accompanying legal briefs submitted to this Court purs. to its 4/20/00 Order regarding selection of lead counsel for this class action. (kkc)
July 25, 2001 Filing 613 MEMORANDUM OF LAW by Milberg Weiss Bershad Hynes & Lerach LLP, in opposition to [612-1] motion to unseal all of the competing bids and accompanying legal briefs submitted to this Court purs. to its 4/20/00 Order regarding selection of lead counsel for this class action. (Rec'd in night deposit box 7/25/01 9:21 PM) (sn)
July 12, 2001 Filing 612 NOTICE OF MOTION by Karen F. Donovan to unseal all of the competing bids and accompanying legal briefs submitted to this Court purs. to its 4/20/00 Order regarding selection of lead counsel for this class action . No return date indicated. (sn)
July 10, 2001 Filing 606 Letter filed by Christie's, Inc., Christie's Intl. PLC addressed to Judge Kaplan from Shepard Goldfein, dated 6/26/01, re: in response to the Court's 6/19/01 Order and Defendant A. Alfred Taubman's 6/21/01 lettet to the Court. (ae)
July 10, 2001 Filing 605 Letter filed by A. Alfred Taubman addressed to Judge Kaplan from Scott W. Muller, dated 6/21/01, re: narrowing the issues presented by the Court's Order of 6/19/01 and to clarify the record and their position after Christie's letter to the Court of 6/13/01, especially in light of the Court's present intention to place the relevant correspondence in the public record on 6/27/01, absent good cause not to do so. (ae)
July 10, 2001 Filing 604 Letter filed by Christie's, Inc., Christie's Intl. PLC addressed to Judge Kaplan from Michael L. Weiner, dated 6/13/01, re: in response to Defendant A. Alfred Taubman's 6/11/01 letter requesting certain relief. (ae)
July 10, 2001 Filing 603 Letter filed by A. Alfred Taubman addressed to Judge Kaplan from Scott W. Muller, dated 6/11/01, re: requesting leave to file a motion as set forth in this letter. (ae)
July 10, 2001 Filing 602 Letter filed by A. Alfred Taubman addressed to Judge Kaplan from Scott W. Muller, dated 6/11/01, re: in response to Christie's 6/8/01 letter seeking leave to move for return of eight purportedly privileged documents. (ae)
July 9, 2001 Filing 611 NOTICE OF MOTION by Lead Counsel for an order authorizing the disbursement of $13.375 million from the Settlement Fund in order to pay up to 50% of lead counsel's fees . No return date indicated. (Rec'd in night deposit box 7/9/01 5:13 PM) (sn)
July 5, 2001 Filing 601 STIPULATION; that defendant Taubman shall have until 7/3/01 to file papers in opposition to Christie's [596-1] motion to compel defendant A. Alfred Taubman to return privileged materials ; defendants Christie's International plc and Christie's Inc. shall have until 7/9/01 to file any reply . ( signed by Judge Lewis A. Kaplan ) (kkc)
July 3, 2001 Filing 610 AFFIDAVIT of James Rouhandeh by A. Alfred Taubman in support of [607-1] opposition memorandum . (cd)
July 3, 2001 Filing 609 AFFIDAVIT of SCott Muller by A. Alfred Taubman in support of [607-1] opposition memorandum . (cd)
July 3, 2001 Filing 608 AFFIDAVIT of James Rouhandeh by A. Alfred Taubman in support of [607-1] opposition memorandum . (cd)
July 3, 2001 Filing 607 MEMORANDUM OF LAW by A. Alfred Taubman in opposition to [596-1] motion for an Order compelling defendant A. Alfred Taubman to return inadvertently-produced privileged documents to Christie's . (cd)
July 3, 2001 Opinion or Order Filing 600 ORDER, Defendants Christie's International plc and Chritie's Inc. seeks the return of four allegedly privileged documents which, they claim, were produced inadvertently to defendant Taubman. Taubman, for his part, seeks to have the confidentiality desginations affixed to these documents removed on the ground that there is not good cause for their remaining secret; in view of the ruling as set forth in this Order, all of the correspodence to the Court regarding these documents, together with the exhibits thereto, will be placed on the public record . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ae) Modified on 07/05/2001
July 3, 2001 Filing 599 SEALED DOCUMENT placed in vault. (rp)
June 26, 2001 Filing 598 NOTICE of change of attorney's address by Herbert Black; the law firm of Beatie and Osborn LLP has moved to 521 Fifth Ave., 34th Floor, New York, NY 10175, (212) 888-9000 (unchanged), fax (212) 888-9664 (unchanged). (sn)
June 25, 2001 Filing 597 MEMORANDUM OF LAW by Christie's Intl. PLC, Christie's, Inc. in support of [596-1] motion for an Order compelling defendant A. Alfred Taubman to return inadvertently-produced privileged documents to Christie's. (kkc)
June 25, 2001 Filing 596 NOTICE OF MOTION by Christie's Intl. PLC, Christie's, Inc.; for an Order compelling defendant A. Alfred Taubman to return inadvertently-produced privileged documents to Christie's . Return date not indicated. Declarations of John M. McLeod and Clifford H. Aronson in support of motion attached. (kkc)
June 20, 2001 Opinion or Order Filing 595 ORDER, Taubman's letter dated 6/11/01 will be treated as a motion to modify the confidentiality order. Taubman's motion is denied in all respects save that the Court reserves decision as to whether the documents listed in paragraph 2(a) through (f) of Exhibit B to Mr. Muller's letter of 6/11/01 pending the submission by 6/26/01 by Christie's of any further submission it cares to make by way of seeking to establish good cause for retaining those documents in confidence. Further, both sides are advised that the Court will place their letters of June 11, 2001 and June 13, 2001 on the public record on 6/27/01 unless good cause is shown by that date to file them under seal . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw)
June 19, 2001 Opinion or Order Filing 594 ORDER, granting [591-1] motion authorizing the disbursement of $875,000 from the Settlement Fund in order to pay estimated taxes owed as a result of intereset income earned on the Settlement Fund from 1/1/01 through 3/31/01. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (orig. forwarded to the Cashier's Office). (sac)
June 18, 2001 Notice of appeal and certified copy of docket to USCA: [592-1] appeal by Giovanna Terruzzi, Angelo Guido Terruzzi, J&J Lubrano; Copy of notice of appeal sent to District Judge. (sb)
June 15, 2001 Opinion or Order Filing 593 ORDER; purs to paragrphs 6 and 7 of the October 27, 2000, Settlement Agreements, and paragraphs 4(b) and 6(b) of the December 12, 2000, Escrow Agreement, Chase Manhattan Bank is authorized to release $4,166.67 from the Settlement Fund in order to cause to be paid to PricewaterhouseCoopers one third of the costs for tax preparation services for the Settlement Fund ; (signed by Judge Lewis A. Kaplan ); Copies mailed. (djc) Modified on 06/19/2001
June 15, 2001 Filing 592 NOTICE OF APPEAL by J&J Lubrano, Angelo Guido Terruzzi, Giovanna Terruzzi ; from [581-1] order, [582-1] judgment order, [558-1] order, [559-1] order denying The Fataihi Co. and Swicorp, S.A. move for reconsideration of the 4/13/01 memorandum opinion re: [548-1] order, parties are given to and including 4/2/01 to file appropriate papers modifying the release in a manner conforming to the Settlement Opinion and this order. Should they fail to do so, the motion for approval of the settlement and related documents will be denied. In that event, there will be a conference on 4/3/01 at 2:15 p.m. to set a schedule for the completion of discovery and the trial of these cases, [548-2] order, [546-1] order purs to paragraph 6 of the October 26, 2000, Settlement Agreements, and paragraphs 4(b) and 6(b) of the December 12, 2000, Escrow Agreement, Chase Manhattan Bank is authorized to release $875,000 from the Settlement Fund in order to cause to be paid to the Internal Revenue Service the estimated tax payment with respect to the Settlement Fund that is due on April 16, 2001, [201-1] order Pursuant to FRCP 15, Plaintiffs' Lead Counsel may amend the Second Consolidated Amended Class Action Complaint to add Michael Zomber and the Michael Zomber Company as Class representatives, [517-1] Order dated October 10, 2000. Copies of notice of appeal mailed to Attorney(s) of Record: Milberg Weiss Bershad Hynes & Lerach, LLP, Morris and Morris, Cohen, Milstein, Hausfeld & Toll, P.L.L.C., Boies, Schiller, & Flexner, LLP, Squire, Sanders, & Dempsey, LLP, Boies, Schiller, & Flexner LLP, Cummins & Cronin, LLC, Weil, Gotshal, & Manges LLP, Skadden, Arps, Slate, Meagher & Flom, LLP. $105.00 Appeal Filing Fee paid 6/15/01 on receipt # E408890. (sb)
June 15, 2001 Notice of appeal and certified copy of docket to USCA: [590-1] appeal by Michael Alper, Pamela Alper ; Copy of notice of appeal sent to District Judge. (dt)
June 14, 2001 Filing 591 NOTICE OF MOTION by Herbert Black authorizing the disbursement of $875,000 from the Settlement Fund in order to pay estimated taxes owed as a result of intereset income earned on the Settlement Fund from 1/1/01 through 3/31/01 ; Return date not indicated (cd)
June 14, 2001 Filing 590 NOTICE OF APPEAL by Pamela Alper, Michael Alper ; from [582-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Boies, Schiller & Flexner, LLP., Skadden, Arps, Slate, Meagher & Flom, Boies, Schiller & Flexner, LLP., Weil, Gotshal & Manges, LLP., Lovell & Stewart, LLP., Spector, Roseman & Kodroff, Fine, Kaplan & Black, RPC., Jeffrey S. Abraham, Esq., Susman Godfrey, LLP., Pomerantz, Haudek, Block, Grossman & Gross, LLP., Morris & Morris, Irving Bizar, Esq., Kari Neuweld, Esq., Furth, FAhrner & Mason, Saveri & Saveri, P.C., Saveri Law Group, Inc., Sandals, Langer & Taylor, LLP., Wolf, Block, Schorr & Solis-Cohen, LLP., Harold B. Obstfeld, P.C., Rabin & Peckel, LLP., Cohen, Milstein, Hausfeld & Toll, Spector, Roseman & Kodroff, P.C., Charles J. Piven, Esq., Freeman & Herz, LLP., Beatie & Osborn, LLP., Schuman & Sall, Bradley, Arant, Rose & White, LLP., Meredith, Cohen, Greenfogel & Skirnick, P.C., Lankler, Siffert & Wohl, Squire, Sanders & Dempsey, LLP. and Milberg, Weiss, Bershad, Hynes & Lerach, LLP. $105.00 Appeal filing fee paid 6/14/01 on receipt # E 408790. (dt)
June 12, 2001 Opinion or Order Filing 589 Memo-Endorsement on letter addressed to Judge Kaplan from Shepard Goldfein, dated 06/08/01; Re: counsel to defendants requests a confernece to ask this Court's permission to file a motion to compel defendant A. Alfred Taubman to comply with the Protective Order; No conference is necessary. Christie's may file its' motion which should address this Court's jurisdiction in addition to the merits ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
June 6, 2001 Opinion or Order Filing 587 ORDER; the application of Berman, DeValerio, Pease & Tabacco, P.C. for attys fees and expenses is granted in the aggregate amount of $5,385.12. The Court finds that the time was reasonably devoted to the matter, the expenses reasonably incurred, and the hourly rate appropriate. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
June 5, 2001 Filing 588 NOTICE OF MOTION by Sotheby's Holdings, Sotheby's Inc.; for an order for disbursement of $4,166.67 from the settlement funds in order to pay tax preparation costs . Return date: not indicated (pl)
May 30, 2001 Filing 586 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 4/9/01 @10:30 a.m. (kg)
May 30, 2001 Filing 585 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 4/2/01 @2:35 p.m. (kg)
May 21, 2001 Notice of appeal and certified copy of docket to USCA: [584-1] appeal by Sotheby's Holdings, Christie's, Inc., Christie's Intl. PLC ; Copy of notice of appeal sent to District Judge. (dt)
May 18, 2001 Filing 584 NOTICE OF APPEAL by Christie's Intl. PLC, Christie's, Inc., Sotheby's Holdings ; from [582-1] judgment order, [569-1] order the proposed settlement reflected in the Settlement Agreements as amended by the 2nd Amendment to Sotheby's Settlement Agreement and the 2nd Amendment to Christie's Settlement Agreement is finally approved as a fair, reasonable and adequate settlement for the Class . Copies of notice of appeal mailed to Attorney(s) of Record: David Boies, Esq., Philip C. Korologos, Esq., Richard B. Drubel, Esq., William J. Linklater, Esq., Scott Kragie, Esq., John S. Siffert, Esq., Steven Alan Reiss, Howard B. Comet, Richard J. Davis, Robert P. Cummins, Esq., Thomas C. Cronin, Esq., Scott W. Muller, Esq., Shepard Goldfein, Michael L. Weiner, Cliffor H. Aronson, Thomas Pak, David J. Bershad, Esq. and J. Douglas Richards, Esq. $105.00 Appeal filing fee paid 5/18/01 on receipt # E 406604. (dt)
May 15, 2001 Filing 582 AGREED FORM OF FINAL JUDGMENT: The Christie's Defendants having satisfied their obligations to make the payments and deposits set forth in paragraph 5 of the Christie's Settlement Agreement, the Class Action is dismissed with prejudice as to the Christie's Defendants, except that such dismissal shall not have any preclusive effect as to any claim arising from purchases and sales at auctions conducted outside the U.S. by any Class Member who does not make a claim and receive any payment purs. to the Settlement Agreements; upon dismissal of this Class Action, the Christie's Released Parties shall be discharged and released from all Christie's Released Claims; upon dismissal of this Class Action, the Sotheby's Released Parties shall be discharged and released from all Sotheby's Released Claims, except that such release shall not apply to claims asserted by the class in In re Sotheby's Holdings, Inc. Securities Litigation, No. 00 Civ. 1041 (DLC) (S.D.N.Y.). ( signed by Judge Lewis A. Kaplan ); Mailed copies and notice of right to appeal. Entered On Docket: 5/17/01. (ae) Modified on 05/17/2001
May 15, 2001 Case closed. (ae)
May 2, 2001 Opinion or Order Filing 581 ORDER; granting in part, denying in part [576-1] motion to intervene in this action by J&J Lubrano, Angelo Guido Terruzzi, Giovanna Terruzzi. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac) Modified on 05/04/2001
May 2, 2001 Opinion or Order Filing 580 Memo endorsed on copy of motion; granting [573-1] motion for an order, for an award of attorneys' fees for services it performed at the request of Interim Lead Counsel in the prosecution of this action. This firm's lodestar for these services is $15,955.00. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw) Modified on 05/04/2001
April 30, 2001 Filing 579 Lead counsel's opposition to [576-1] motion to intervene in this action by J&J Lubrano, Angelo Guido Terruzzi, Giovanna Terruzzi (lam)
April 30, 2001 Filing 578 MEMORANDUM OF LAW by J&J Lubrano, Angelo Guido Terruzzi, Giovanna Terruzzi in support of [576-1] motion to intervene in this action by J&J Lubrano, Angelo Guido Terruzzi, Giovanna Terruzzi . (lam)
April 30, 2001 Filing 577 AFFIDAVIT of J. Douglas Richards, atty for J&J Lubrano, Angelo Guido Terruzzi, Giovanna Terruzzi in support of [576-1] motion to intervene in this action by J&J Lubrano, Angelo Guido Terruzzi, Giovanna Terruzzi . (lam)
April 30, 2001 Filing 576 NOTICE OF MOTION to intervene in this action by J&J Lubrano, Angelo Guido Terruzzi, Giovanna Terruzzi . Return date not indicated. (lam)
April 30, 2001 Filing 575 DECLARATION of Guido Saveri by Brett Mitchell, Nicola Smith, Charlie Brown in support Re: [573-1] motion for an order, for an award of attorneys' fees for services it performed atthe request of Interim Lead Counsel in the prosecution of this action. This firm's lodestar for these services is $15,955.00. (sac)
April 30, 2001 Filing 574 DECLARATION of Frederick P. Furth by Nicola Smith, Charlie Brown in support Re: [557-1] support memorandum. (sac)
April 30, 2001 Filing 573 RENEWED APPLICATION by Saveri & Saveri, Inc. for an order, for an award of attorneys' fees for services it performed atthe request of Interim Lead Counsel in the prosecution of this action. This firm's lodestar for these services is $15,955.00 ; Return date not indicated. (sac)
April 30, 2001 Filing 572 Request of Edward & Carlene Safoie and Moneock Antoine to re-join Auction House Class. (djc)
April 27, 2001 Opinion or Order Filing 571 ORDER; granting [509-1] motion for an order reconsidering its order of 3/23/01 and Amended Order of 2/26/01 which denied with prejudice Much, Shelist, Freed's application for attys' fees and reimburse of expenses in this action, granting [509-2] motion for an order denying its prior application for attys' fees and expenses without prejudice, granting [509-3] motion for an order granting its new application for attys' fees and reimburement of expenses in accordance with paragraph 4 of the Court's Order and Amended Order relating to services rendered at the request of Interim Lead Counsel. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
April 27, 2001 Memo endorsed on motion; granting [510-1] motion for an award of attorney fees and reimbursement of expenses in the amount of $31,242.50 for services it performed and expenses it incurred at the request of Lead Counsel in the prosecution of this action ( signed Judge Lewis A. Kaplan ) Copies mailed. (lam)
April 24, 2001 Opinion or Order Filing 568 ORDER; granting in part, denying in part [560-1] motion to intervene; the application for attorney's fees is denied in all respects ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
April 23, 2001 Filing 570 MEMORANDUM OF LAW in opposition to Fataihi Co. & Swicorp, S.A.'s Renewed motion to intervene. (sac)
April 23, 2001 Opinion or Order Filing 569 AGREED ORDER FINALLY APPROVING SETTLEMENT, APPROVING PLAN OF ALLOCATION, AND AWARDING REASONABLE ATTORNEYS FEES AND COSTS; the proposed settlement reflected in the Settlement Agreements as amended by the 2nd Amendment to Sotheby's Settlement Agreement and the 2nd Amendment to Christie's Settlement Agreement is finally approved as a fair, reasonable and adequate settlement for the Class . The parties are directed to consummate the settlement purs. to the terms and conditions of the Settlement Agreements as amended . The Class Action shall be dismissed with prejudice as to the Christie's defts effective upon completion of the payments and deposits set forth in paragraph 5 of the Christie's Settlement Agreement, as set forth in this Order. The Class Action shall be dismissed with prejudice as to the Sotheby's defts effective upon completion of the payments and deposits set forth in paragraph 5 of the Sotheby's Settlement Agreement, as set forth herein. Upon dismissal of this Class Action, the Christie's Released Parties shall be discharged and released from all Christie's Released Claims. Upon dismissal of this Class Action, the Sotheby's Released Parties shall be discharged and released from all Sotheby's Released Claims, except that such release shall not apply to claims asserted by the class in 00 cv 1041 . The Plan of Allocation as filed on 11/27/00, is approved and the parties are directed to follow such plan for the distribution of Settlement Funds. The 3rd Amended Plan for Fair-Market Valuation of Discount Certificates is approved and the parties are directed to follow such plan in connection with the issuance and administration of any certificates in satisfaction of paragraphs 5(c) of the respective Settlement Agreements . The conditions to the award of attorney fees to lead counsel set forth in the Court's Opinion of 2/22/01 are satisfied . The Christie's defts and the Sotheby's defts have preserved their right to seek an appeal regarding the Appellate Issue; Lead Counsel consents that the Christie's Defts and the Sotheby's Defts may seek an appeal. Sufficient funds shall be withheld from distribution of the Settlement Fund to pay for those non-lead counsel fees and expenses approved by the Court . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn)
April 23, 2001 Filing 567 Letter filed by Auction Houses Anti. addressed to Judge Kaplan from Philip C. Korologos, dated 4/19/01, re: proposed language for paragraphs 3 and 4 of the Agreeed Proposed Order (cd)
April 23, 2001 Opinion or Order Filing 566 ORDER, the settlement of these actions now having been approved, there remain for disposition a number of attorney's fee applications and related matters and the applications are granted to the extent that the following firms are awarded the following sums to be paid out of the class recovery: Lovell & Stewart $452,561.08; Pomerantz Haudek Block et al $121,260.57; Meredtih Cohen Greenfogel $356,953.54 for a total of $930,775.19 ; the revised fee application of Chimicles & Tikelis is denied ; granting [498-1] motion for an order, purs. to Rule 60 of the FRCP and Local Civil Rule 6.3, for reconsidering its Order of 2/23/01 and Amended Order of 2/26/01 which denied with prejudice the Saveri firm's application for attys' fees and reimbursement of expenses in this action. On reconsideration the application is denied without prejudice and otherwise in accordance with the terms of the 2/26 order. Any renewed application shall be fld no later than 4/30/01 ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd)
April 20, 2001 Filing 565 PLAINTIFFS' LEAD COUNSEL'S MEMORANDUM OF LAW by Herbert Black, Nanette Sue Kass, Morris Zabarkus, Steven J. Meadow, Janice D. Madoff, Freedom Trust Co., Frieda Glauberman, Catherine W. Rush, Vicki Haberman, Henry Wigglesworth, Robert A. Daly Jr., Gerald Cafesjian, Andrew Shahinian, Charlotte L. Donoghue, Barbara Schiffrin, Donald L. Ackerman, Jill H. Abrahams, Flanders Contempo., Maria Elena Noble, Ronald S. Mintz, Brett Mitchell, Clark Marlor, Robert J. Stern, Brad E. Heffler, Theodore Sayers, Afben Associates LLP, Joel Goldberg, Ronald Black, Deborah N. Rush, D. Scott Kelley, B. Morgan Pridemore III, Robert L. Lewis, Evelyn Frank, Denise M. Kranz, Judy Haddy, Buddy Schussel, Charlotte Kruman, Philip DiGiovanni, Mark McDonald, Robert Lebow, Russel Gulamerian, Nicola Smith, Charlie Brown, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee, Beverly Berry, Paula Weinstein, Gary Downey, Chang Trust, Pauline Stone Pearsall, Edward Beach Van Winkle III, David Beal, David Stone, William Gaines, Macklowe Galleries, David Christopher, Diana D. Brooks, Ron Blau, OPHIR Galleries, Primavera Gallery, Lawrence J. Zinzi, Isabel S. Cohen, Rex Harris accompanying the Prposed Agreed Form of Final Judgment. (djc)
April 19, 2001 Opinion or Order Filing 558 ORDER; denying [556-1] motion for an order for reconsideration of [548-1] order parties are given to and including 4/2/01 to file appropriate papers modifying the release in a manner conforming to the Settlement Opinion and this order. Should they fail to do so, the motion for approval of the settlement and related documents will be denied. In that event, there will be a conference on 4/3/01 at 2:15 p.m. to set a schedule for the completion of discovery and the trial of these cases; that counsel to whom this Order is sent is responsible for faxing a copy of to all counsel and retaining verification of such in the case file. Do not fax such verification to Chambers. ( signed by Judge Lewis A. Kaplan ); Copies mailed (pl)
April 19, 2001 Opinion or Order Filing 555 ORDER; granting in part, denying in part [553-1] motion to intervene by Pamela Alper, Michael Alper . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
April 18, 2001 Filing 564 Letter filed by Pamela Alper, Michael Alper addressed to Judge Kaplan from Robert P. Cummins, dated 4/13/01; Re: on behalf of the objectors Pamela & Michael Alper, they express their opposition to entry of the proposed Agreed Order of Final Approval of Settlement, Plan of Allocation and Award of Reasonable Attys Fee. (sac)
April 18, 2001 Filing 563 Letter filed by Pamela Alper, Michael Alper addressed to Judge Kaplan from Robert P. Cummins, dated 4/13/01; Re: Mr. Cummins apologizes for this second epistle on behalf of Objectors Pamela & Michael Alper. (sac)
April 18, 2001 Filing 562 Letter filed by Richard B. Drubel addressed to Judge Kaplan, dated 4/13/01; Re: in response to the letter to the Court of 4/13/01, by Mr. Richards & Mr. Cummins. (sac)
April 18, 2001 Filing 560 RENEWED NOTICE OF MOTION by Fataihi Company, Swicorp, S.A. to intervene ; Return date not indicated (cd)
April 18, 2001 Opinion or Order Filing 559 ORDER, denying The Fataihi Co. and Swicorp, S.A. move for reconsideration of the 4/13/01 memorandum opinion re: [548-1] order, parties are given to and including 4/2/01 to file appropriate papers modifying the release in a manner conforming to the Settlement Opinion and this order. Should they fail to do so, the motion for approval of the settlement and related documents will be denied. In that event, there will be a conference on 4/3/01 at 2:15 p.m. to set a schedule for the completion of discovery and the trial of these cases, [548-2] order ( signed by Judge Lewis A. Kaplan ); Copies mailed by Chambers. (lam)
April 18, 2001 Filing 557 MEMORANDUM OF LAW in support of . objection of J&J Lubrano, Angelo Guido Terruzzi and Giovanna Terruzzi to Lead Counsel's renewed motion for final approval of Settlement and in support of objectors' motion for reconsideration. (pl)
April 18, 2001 Filing 556 NOTICE OF MOTION by objectors J&J Lubrano, Angelo Guido Terruzzi and Giovanna Terruzzi; for an order for reconsideration of [548-1] order parties are given to and including 4/2/01 to file appropriate papers modifying the release in a manner conforming to the Settlement Opinion and this order. Should they fail to do so, the motion for approval of the settlement and related documents will be denied. In that event, there will be a conference on 4/3/01 at 2:15 p.m. to set a schedule for the completion of discovery and the trial of these cases ; Return date: not indicated (pl)
April 17, 2001 Filing 561 NOTICE OF MOTION by Fataihi Company, Swicorp, S.A. for an order, for reconsideration of [550-1] order ; Return date not indicated. (sac)
April 17, 2001 Filing 554 MEMORANDUM OF LAW of Lead Counsel re: Submissions of the Fataihi Co and Swicorp and of Pamela and Michael Alpers (cd)
April 17, 2001 Filing 553 NOTICE OF MOTION by Pamela Alper, Michael Alper to intervene by Pamela Alper, Michael Alper ; Return date not indicated (cd)
April 13, 2001 Filing 552 Objection(s) by William Pearson to the Proposed agreed order finally approving settlmeents, approving plan of allocation, and awarding reasonable attorneys fees and costs. (pl)
April 13, 2001 Opinion or Order Filing 550 MEMORANDUM OPINION #85459; granting in part, denying in part [539-1] motion for certification of an interlocutory appeal purs. to 28 U.S.C. 1292(b), granting in part, denying in part [539-2] motion for approval of a modified settlement agrement, while preserving defts' right to appeal; granting [549-1] motion for an order, for final approval of settlement. The parties shall submit an agreed form of final judgment within one week. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
April 13, 2001 Opinion or Order Filing 548 MEMORANDUM OPINION #85361, parties are given to and including 4/2/01 to file appropriate papers modifying the release in a manner conforming to the Settlement Opinion and this order. Should they fail to do so, the motion for approval of the settlement and related documents will be denied. In that event, there will be a conference on 4/3/01 at 2:15 p.m. to set a schedule for the completion of discovery and the trial of these cases . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ae)
April 12, 2001 Filing 549 NOTICE OF MOTION filed by Lead Counsel; for an order, for final approval of settlement ; Return date not indicated. (sac)
April 11, 2001 Filing 551 MEMORANDUM OF LAW by Pamela Alper, Michael Alper in opposition to [539-1] motion for certification of an interlocutory appeal purs. to 28 U.S.C. 1292(b); [539-2] motion for approval of a modified settlement agrement, while preserving defts' right to appeal . (pl)
April 11, 2001 Opinion or Order Filing 546 ORDER Granting Agreed Motion for Disbursement of Estimated Tax Payment; purs to paragraph 6 of the October 26, 2000, Settlement Agreements, and paragraphs 4(b) and 6(b) of the December 12, 2000, Escrow Agreement, Chase Manhattan Bank is authorized to release $875,000 from the Settlement Fund in order to cause to be paid to the Internal Revenue Service the estimated tax payment with respect to the Settlement Fund that is due on April 16, 2001 ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
April 10, 2001 Filing 547 NOTICE OF MOTION by Herbert Black, and Christie's, Inc., for an order granting agreed motion for disbursement of estimated tax payment . No return date. (kw)
April 9, 2001 Filing 542 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 2/2/01 at 9:30 a.m.. (ae)
April 6, 2001 Filing 545 MEMORANDUM OF LAW by Fataihi Company, Swicorp, S.A. in opposition to [539-1] motion for certification of an interlocutory appeal purs. to 28 U.S.C. 1292(b) . (cd)
April 6, 2001 Filing 544 MEMORANDUM OF LAW of J&J Lubrano, Angelo Terruzzi and Giovanna Terruzzi in opposition to motion for certification of interlocutory appeal or approval of modified settlement (cd)
April 6, 2001 Filing 543 MEMORANDUM OF LAW by Herbert Black re: [539-1] motion for certification of an interlocutory appeal purs. to 28 U.S.C. 1292(b) (cd)
April 5, 2001 Filing 541 AMENDED CERTIFICATE OF SERVICE of notice of motion, and memorandum in support of the Auction Houses' motion for certification of an interlocutory appeal purs. to 28 U.S.C. Sec. 1292(b), or, in the alternative, for approval of a modified settlement agreement, while preserving defts' right to appeal, by facsimile or Federal Express (overnight delivery) upon counsel of record and all objectors on 4/4/01. (sn)
April 5, 2001 Filing 538 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 2/9/01. (kkc)
April 4, 2001 Filing 540 MEMORANDUM OF LAW by Christie's, Inc., Chirstie's International plc, Sotheby's, Inc. and Sotheby's Holdings, Inc. in support of [539-1] motion for certification of an interlocutory appeal purs. 28 U.S.C. 1292(b), [539-2] motion for approval of a settlement agrement, while preserving defts' right to appeal. (lf)
April 4, 2001 Filing 539 NOTICE OF MOTION by Christie's, Inc., Christie's Int'l. plc., Sotheby's, Inc. and Sotheby's Holdings, Inc.; for certification of an interlocutory appeal purs. to 28 U.S.C. 1292(b) ; or in the alternative, for approval of a modified settlement agrement, while preserving defts' right to appeal ; Return date 4/9/01. (lf)
April 3, 2001 Pretrial Conference held before Judge Lewis A. Kaplan. (kg)
April 3, 2001 Filing 537 Memo-Endorsement on letter addressed to Judge Kaplan from Karen F. Donovan, dated 03/28/01; Re: Karen F. Donovan requests the unsealing of documents in this case; Denied without prejudice to reviewal by motion on notice to all concerned ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
April 2, 2001 Filing 536 AMENDED CERTIFICATE OF SERVICE - on 3/26/01, copies of the Alpers' Memorandum in opposition to proposed agreed order of approval and Amended Plan of Allocation were served by FedEx upon: Boies, Schiller & Flexner LLP; Skadden, Arps, Slate, Meagher & Flom, LLP; Weil, Gosthal & Manges, LLP. (sac)
March 29, 2001 Opinion or Order Filing 534 ORDER; the deadline for submitting any amended settlement document in accordance with the Court's opinion, dated March 26, 2001 is extended until 4:30 p.m. ; The conference previously scheduled for April 3, 2001 will be held, if it proves necessary, at 10:30 a.m. on April 9, 2001 ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
March 27, 2001 Opinion or Order Filing 531 MEMORANDUM OPINION #85361, In all of the circumstances, the parties are given to and including 4/2/01 to file appropriate papers modifying the release in a manner conforming to the Settlement Opinion and this Order. Should they fail to do so, the motion for approval of the settlement and related documents will be denied. In that event, there will be a conference on 4/3/01 at 2:15 p.m. to set a schedule for the completion of discovery and the trial of these cases . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kg)
March 22, 2001 Filing 535 Letter filed by Bruce W. Blackburn addressed to Judge Kaplan, dated 11/15/00; Re: the ptlffs' lawyers should receive the coupons and the cash should be paid to the pltffs. Our client will never be able to use a coupon. (sac)
March 22, 2001 Filing 530 THE FATAIHI C0MPANY AND SWICORP S.A.'S RESPONSE to the settling Parties' proposed amendment to the Plan of allocation and final approval of the settlement. (pl)
March 22, 2001 Filing 529 Objection and memorandum of law in support of the objection of plaintiff Ronald Mintz to approval of the proposed settlement and proposed amendment to plan of allocation. (Received in the night deposit box on 3/22/01 at 8:01 p.m.) (kw)
March 22, 2001 Filing 528 OBJECTION AND MEMORANDUM OF LAW in support of the Objection of J & J Lubrano, Angelo Guido Terruzzi and Giovanna Terruzzi to approval of the proposed final settlement and proposed amended plan of allocation. (Received in the night deposit box on 3/22/01 at 9:17 p.m.) (kw)
March 22, 2001 Filing 527 MEMORANDUM OF LAW by Pamela Alper, Michael Alper in opposition to Proposed Agreed Order of Approval and Amended Plan of Allocation. (djc)
March 14, 2001 Opinion or Order Filing 526 ORDER granting agreed motion for disbursement of estimated tax payment; purs to paragraph 6 of the 10/27/00, Settlement Agreements, and paragraphs 4(b) and 6(b) of the 12/12/00, Escrow Agreement, Chase Manhattan Bank is authorized to release $200,000 from the Settlement Fund in order to cause to be paid to the IRS the estimated tax payment with respect to the Settlement Fund that is due on 3/15/01 ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lam)
March 12, 2001 Filing 533 MEMORANDUM OF LAW in support of amendment to plan of allocation and final approval of the settlements, filed by Lead Counsel for the Class and the Auction House Defts. (Rec'd by docketing on 3/29/01) (sn)
March 12, 2001 Filing 532 UNSIGNED proposed agreed order finally approving settlements, approving plan of allocation, and awarding reasonable attorneys fees and costs. (Rec'd by docketing on 3/29/01) (sn)
March 12, 2001 Opinion or Order Filing 525 ORDER; the application by Cohen, Milstein, Hausfeld & Toll to correct the order, dated 02/26/01, is granted to the extent that Cohen, Milstein is granted expenses in the total amount of $48,395.74 and a total of legal fees and expenses of $148,138.24 ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
March 12, 2001 Filing 524 AFFIDAVIT OF SERVICE of Affidavits of R.N.Kaplan, R.A. Lockridge in further supp. of Lockridge, Grindal Nauen P.L.L.P.'s applica. for award of Atty. Fees by mail on 3/2/01 . (pl)
March 12, 2001 Filing 523 DECLARATION of Robert N. Kaplan of the Firm Kaplan, Kilsheimer & Fox, LLP (pl)
March 12, 2001 Filing 522 AFFIDAVIT of Richard A. Lockridge in further support of re: Lockridge Grindal Nauen P.L.L.P.'s application for award of attorneys' Fees and Reimbursement of Expenses. (pl)
March 12, 2001 Opinion or Order Filing 521 ORDER; any responses to the proposed amendment to the plan of allocation, the proposed agreed order finally approving settlements and plan of allocation, and related submssions shall be served and filed no later than 3/22/01 ; pltffs' lead counsel shall ensure that a copy of this order is served on everyone listed on the service list attached to the most recent application ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lf)
March 8, 2001 Opinion or Order Memo endorsed on motion; in light of the denial of the motion to intervene, this motion is denied as moot, [413-1] motion for an order for Edward W. Cochran and Frank H. Tomlinson of Pritchard, McCall & Jones LLC to appear pro hac vice on behalf of intervenor William Strauss. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
March 7, 2001 Filing 520 DECLARATION of Robert Kaplan in support Re: petition of Bernstein Litowitz Berger for an award of attorneys'f ees (cd)
March 7, 2001 Filing 519 SUPPLEMENTAL DECLARATION of Jeffrey Kalfter in support Re: peition of Bernstein Litowitz Berger for an award of attorneys' fees (cd)
March 7, 2001 Filing 518 AFFIDAVIT of Jared B. Stamwell by Evelyn Frank in support of [516-1] motion for attorney fees in the amount of $49,083.25 and disbusements in the amount of $4,152.97, for a total of $53,236.22 payable from the recovery in this class action . (cd)
March 6, 2001 Filing 517 AFFIDAVIT of Robert A. Skirnick, atty for Evelyn Frank in support of [516-1] motion for attorney fees in the amount of $49,083.25 and disbusements in the amount of $4,152.97, for a total of $53,236.22 payable from the recovery in this class action . (lam)
March 6, 2001 Filing 508 AFFIDAVIT of Robert N. Kaplan, Esq. of the law firm of Liebenberg & White on bahalf of Bauer, Hunter, Jr. and Daniel Palate (pl)
March 6, 2001 Filing 507 AFFIDAVIT of Roberta D. Liebenberg in support of petition for fees and reimbursement of expenses filed on behalf of Liebenberg & White pursuant to the 2/26/01 Court Order. (pl)
March 6, 2001 Filing 506 AFFIDAVIT of Robert A. Skirnick in support of renewed application of Meredith, Cohen, Greenfogel & Skirnick, P.C. for an award of fees and reimbursement of expenses. (pl)
March 6, 2001 Filing 499 MEMORANDUM OF LAW by Saveri & Saveri, Inc. in support of [498-1] motion for an order, purs. to Rule 60 of the FRCP and Local Civil Rule 6.3, for an reconsidering its Order of 2/23/01 and Amended Order of 2/26/01 which denied with prejudice the Saveri firm's application for attys' fees and reimbursement of expenses in this action, [498-2] motion for an order, denying its prior application for attys' fees and expenses without prejudice, [498-3] motion for an order, granting it leave to file a new application for attys' fees and reimbursement of expenses in accordance with paragraph 4 of the Court's Order and Amended Order relating to services rendered at the request of Interim Lead Counsel. (sac)
March 6, 2001 Filing 498 NOTICE OF MOTION for an order, purs. to Rule 60 of the FRCP and Local Civil Rule 6.3, for an reconsidering its Order of 2/23/01 and Amended Order of 2/26/01 which denied with prejudice the Saveri firm's application for attys' fees and reimbursement of expenses in this action ; for an order, denying its prior application for attys' fees and expenses without prejudice ; and for an order, granting it leave to file a new application for attys' fees and reimbursement of expenses in accordance with paragraph 4 of the Court's Order and Amended Order relating to services rendered at the request of Interim Lead Counsel ; Return date not indicated. (sac)
March 6, 2001 Filing 497 NOTICE OF AMENDED MOTION by Clark Marlor, Robert A. Daly Jr., Henry Wigglesworth; for an order awarding attorneys' fees and providing for reimbursement of expenses incurred by counsel in the prosecution of this action ; Return date not indicated. (lf)
March 6, 2001 Filing 496 SUPPLEMENTAL AFFIDAVIT of Joseph J. Tabacco, Jr. by Evelyn Frank in support of applicaiton for award to Berman, DeValerio, Pease & Tabacco, P.C. of attorneys' fees and reimbursement of expenses. (lf)
March 6, 2001 Filing 495 SEALED DOCUMENT placed in vault. (afo)
March 5, 2001 Filing 516 REVISED NOTICE OF MOTION by Stamell & Schager, LLP, counsel for Evelyn Frank for attorney fees in the amount of $49,083.25 and disbusements in the amount of $4,152.97, for a total of $53,236.22 payable from the recovery in this class action . With Revised Affidavit of Jared B. Stamell and the Affidavit of Robert A. Skirnick attached. Return date not indicated. (lam)
March 5, 2001 Filing 515 RENEWED APPLICATION by Wolf, Propper LLP; for an order for attorney fees and expenses ; Return date: not indicated (pl) Modified on 03/20/2001
March 5, 2001 Filing 514 DECLARATION of Steven A. Kanner by the Firm of Much, Shelist, Freed, Denenberg, Ament & Rubenstein, P.C. in support of Re: [510-1] motion for an order for an award of attorney fees and reimbursement of expenses in the amount of $31,242.50 for services it performed and expenses it incurred at the request of Interim Lead Counsel in the prosecution of this action. (pl) Modified on 03/12/2001
March 5, 2001 Filing 513 DECLARATION of Robert N. Kaplan by the Firm of Much, Shelist, Freed, Denenberg, Ament & Rubenstein, P.C.'s in support of Re: [510-1] motion for an order for an award of attorney fees and reimbursement of expenses in the amount of $31,242.50 for services if performed and expenses it incurred at the request of Interim Lead Counsel in the prosecution of this action; [509-1] motion for an order of 3/23/01 and Amended Order of 2/26/01 which denied with prejudice Much, Shelist, Freed's application for attys' fees and reimburse of expenses in this action; [509-2] motion for an order denying its prior application for attys' fees and expenses without prejudice; [509-3] motion for an order granting its new application for attys' fees and reimburement of expenses in accordance with paragraph 4 of the Court's Order and Amended Order relating to services rendered at the request of Interim Lead Counsel; filed in night deposit box on 3/5/01 @4:56p.m. (pl) Modified on 03/19/2001
March 5, 2001 Filing 512 MEMORANDUM OF POINTS AND AUTHORITIES by the Firm of Much, Shelist, Freed, Denenberg, Ament & Rubenstein, P.C. in support of [510-1] motion for an order for an award of attorney fees and reimbursement of expenses in the amount of $31,242.50 for services if performed and expenses it incurred at the request of Interim Lead Counsel in the prosecution of this action; [509-1] motion for an order of 3/23/01 and Amended Order of 2/26/01 which denied with prejudice Much, Shelist, Freed's application for attys' fees and reimburse of expenses in this action; [509-2] motion for an order denying its prior application for attys' fees and expenses without prejudice; [509-3] motion for an order granting its new application for attys' fees and reimburement of expenses in accordance with paragraph 4 of the Court's Order and Amended Order relating to services rendered at the request of Interim Lead Counsel . (pl) Modified on 03/08/2001
March 5, 2001 Filing 511 AFFIDAVIT of Robert A. Skirnick in support of [509-1] motion for an order reconsidering its order of 3/23/01 and Amended Order of 2/26/01 which denied with prejudice Much, Shelist, Freed's application for attys' fees and reimburse of expenses in this action; [509-2] motion for an order denying its prior application for attys' fees and expenses without prejudice; [509-3] motion for an order granting its new application for attys' fees and reimburement of expenses in accordance with paragraph 4 of the Court's Order and Amended Order relating to services rendered at the request of Interim Lead Counsel; [510-1] motion for an order for an award of attorney fees and reimbursement of expenses in the amount of $31,242.50 for services if performed and expenses it incurred at the request of Interim Lead Counsel in the prosecution of this action; filed in night deposit on 3/5/01 @4:58p.m. (pl) Modified on 03/19/2001
March 5, 2001 Filing 510 NEW APPLICATION by the Firm of Much, Shelist, Freed, Denenberg, Ament & Ruberstein, P.C.; for an order for an award of attorney fees and reimbursement of expenses in the amount of $31,242.50 for services it performed and expenses it incurred at the request of Interim Lead Counsel in the prosecution of this action . Return date 2/23/00; filed in night deposit box on 3/5/01 @4:57 p.m. (pl) Modified on 03/19/2001
March 5, 2001 Filing 509 NOTICE OF MOTION by the Firm of Much, Shelist, Freed, Denenberg, Ament & Rubenstein, P.C. Inc.; for an order reconsidering its order of 3/23/01 and Amended Order of 2/26/01 which denied with prejudice Much, Shelist, Freed's application for attys' fees and reimburse of expenses in this action ; for an order denying its prior application for attys' fees and expenses without prejudice ; for an order granting its new application for attys' fees and reimburement of expenses in accordance with paragraph 4 of the Court's Order and Amended Order relating to services rendered at the request of Interim Lead Counsel . Return date: not indicated. (pl) Modified on 03/19/2001
March 5, 2001 Filing 504 DECLARATION of Daniel R. Karon of The Law Offices of Daniel R. Karon and Gallager Sharp Fulton & Norman by Brett Mitchell in support Re: [502-1] motion for an award of attnys' fees for they performed at the request of Interim Lead Counsel in prosecution of this action. (lf)
March 5, 2001 Filing 503 DECLARATION of Richard J. Kilsheimer of The Law Offices Daniel R. Karon and Gallager Sharp Fulton & Norman by Brett Mitchell in support Re: their motion for reconsideration and in support of [502-1] motion for an award of attnys' fees for services they performed at the request of Interim Lead Counsel in the prosecution of this action (lf)
March 5, 2001 Filing 502 NOTICE OF MOTION/NEW APPLICATION of the firms of The Law Offices of Daniel R. Karon and Gallagher Sharp Fulton & Norman by Brett Mitchell; for an award of attnys' fees for services they performed at the request of Interim Lead Counsel in the prosecution of this action ; Return date not indicated; document received in Night Deposit Mail on 3/5/01 at 4:57 p.m. (lf)
March 5, 2001 Filing 501 SUPPLEMENTAL DECLARATION of Eugene A. Spector from the firm of Spector, Roseman & Kodroff, P.C. by Edward Beach Van Winkle III in support Re: application for award of attnys' fees and reimbursement of expenses; document received in Night Deposit Mail on 3/1/01 at 5 p.m. (lf) Modified on 03/08/2001
March 5, 2001 Filing 500 PETITION by Kirby McInerney & Sqire, LLP and the law offices of Donald A. Statland, counsel for pltff Ronald S. Mintz; for an order that an award of attnys fees be granted . Return date not indicated; Supplemental Affdvt. of Peter S. Linden in support attached; document received in Night Deposit Mail on 3/5/01 at 5:10 p.m. (lf) Modified on 03/07/2001
March 2, 2001 Filing 505 DECLARATION of Gary S. Jacobson the firm of Lovell & Steward, LLP in support of Re: Renewed application for an award of Attorney's fees and reimbursement of expenses. (pl)
March 2, 2001 Filing 494 NOTICE of change of address of Joh P. McCarthy, atty. for plaintiff (pl)
March 2, 2001 Filing 493 AFFIDAVIT of Zachary Alan Starr by plaintiffs in support of [489-1] motion for an order pursuant to 15 U.S.C. section 15(a) for attorney fees in the amount $2,571.00, Costs in the amount of $420.20 for the total amount of $2,991.20. (kw)
February 28, 2001 Opinion or Order Filing 492 AMENDED ORDER, Mr. Obstfeld and the Berman firm applications for attorney fees are denied for the reasons set forth at paragraphs 1 and 2 of Section II of the order dated 2/23/01. The application of Squire Sanders & Dempsey is granted, on the conditions that the conditions upon which the settlement was approved are satisfied and that the settlement becomes final, to the extent that the firm shall recover $17,500 in fees and expenses of $2,245.29 from the settlement fund. It is denied in all other respects . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw)
February 28, 2001 Filing 491 DECLARATION of Sharon T. Maier by Mark McDonald in support of Re: [489-1] motion for an order pursuant to 15 U.S.C. section 15(a) for attorney fees in the amount $2,571.00, Costs in the amount of $420.20 for the total amount of $2,991.20 . (pl) Modified on 03/02/2001
February 28, 2001 Filing 490 MEMORANDUM OF LAW by Mark McDonald in support of [489-1] motion for an order pursuant to 15 U.S.C. section 15(a) for attorney fees in the amount $2,571.00, Costs in the amount of $420.20 for the total amount of $2,991.20 . (pl) Modified on 03/02/2001
February 28, 2001 Filing 489 NOTICE OF MOTION by Mark McDonald; for an order pursuant to 15 U.S.C. section 15(a) for attorney fees in the amount $2,571.00, Costs in the amount of $420.20 for the total amount of $2,991.20 . No Return date indicated. (pl) Modified on 03/02/2001
February 28, 2001 Filing 488 AFFIDAVIT of Stanley M. Grossman in further support of Petition for Attorneys' Fees and disbursements for Pomerantz Haudek Block Grossman & Gross LLP; (djc)
February 27, 2001 Pretrial Conference held before Judge Lewis A. Kaplan. (emil)
February 26, 2001 Filing 487 MEMORANDUM by Pamela Alper, Michael Alper in response to Elzinga/Martin submissions. (sn)
February 26, 2001 Opinion or Order Filing 486 AMENDED ORDER; the applications of Cohen, Milstein, Hausfield & Toll, The Furth Firm, and Kaplan, Kilsheimer & Fox are granted to the extent that they are awarded atty's fees and expenses out of the settlement fund in the following amounts: Cohen Milstein $120,152.99; The Furth Firm $220,880.70; Kaplan Kilsheimer $289,508.14. The applications of Lovell & Stewart, Pomerantz Haudek and Meredith Cohen Schedule A as having been denied without prejudice are without prejudice to renewal on or before 3/5/01. The awards made by this order are contingent upon the parties satisfying the conditions to the Court's approval of the class action settlement becoming final. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
February 26, 2001 Filing 485 Letter filed addressed to Judge Kaplan from Abraham Sunshine, dated 11/29/00, re: objection to settlement. (jp)
February 26, 2001 Filing 484 Letter filed addressed to Judge Kaplan from Michael Hill c/o Jeremy Ltd, dated 12/18/00, re: objection to settlement. (jp)
February 26, 2001 Filing 483 Objection(s) to settlement filed by Young & Stephens Ltd. (jp)
February 26, 2001 Filing 482 Objection(s) to settlement filed by Clifford Wright Ant. Ltd. (jp)
February 26, 2001 Filing 481 Objection(s) to settlement filed by Rupert Wace Ancient Art, Ltd. (jp)
February 26, 2001 Filing 480 Objection(s) to settlement filed by Jacob Stodel Antiques. (jp)
February 26, 2001 Filing 479 Objection(s) to settlement filed by Somlo Antiques. (jp)
February 26, 2001 Filing 478 Objection(s) to settlement filed by Alberto Varela Santos. (jp)
February 26, 2001 Filing 477 Objection(s) to settlement filed by Robyn Robb. (jp)
February 26, 2001 Filing 476 Objection(s) to settlement filed by Charles Plante. (jp)
February 26, 2001 Filing 475 Objection(s) to settlement filed by Mansour Gallery. (jp)
February 26, 2001 Filing 474 Objection(s) to settlement filed by E & H Manners. (jp)
February 26, 2001 Filing 473 Objection(s) to settlement filed by Lichael Lipitch Ltd. (jp)
February 26, 2001 Filing 472 Objection(s) to settlement filed by John Hobbs Ltd. (jp)
February 26, 2001 Filing 471 Objection(s) to settlement filed by Martyn Gregory. (jp)
February 26, 2001 Filing 470 Objection(s) to settlement filed by LSA & CJ Jarrett & RR Scott. (jp)
February 26, 2001 Filing 469 Objection(s) to settlement filed by Robert Hall. (jp)
February 26, 2001 Filing 468 Objection(s) to settlement filed by Mallet plc. (jp)
February 26, 2001 Filing 467 Objection(s) to settlement filed by Christopher Hodsoll Ltd . (jp)
February 26, 2001 Filing 466 Objection(s) to settlement filed by Sydney L. Moss Ltd. (jp)
February 26, 2001 Filing 465 Objection(s) to settlement filed by Alasgain Dickenson Fine Silver Ltd. (jp)
February 26, 2001 Filing 464 Objection(s) to settlement filed by Maggs Bros. Ltd. (jp)
February 26, 2001 Filing 463 Objection(s) to settlement filed by Trevor Philip & Sons. (jp)
February 26, 2001 Filing 462 Objection(s) to settlement filed by Norman Adams Ltd. (jp)
February 26, 2001 Filing 461 Letter filed addressed to Judge Kaplan from Julian Agnew, dated 1/2/1, re: objection to settlement. (jp)
February 26, 2001 Filing 460 Letter filed addressed to Judge Kaplan from Harry Apter, dated 12/18/00 re: objection to settlement. (jp) Modified on 02/27/2001
February 26, 2001 Filing 459 Objection(s) to settlement filed by Arthur Brett & Sons Ltd . (jp)
February 26, 2001 Filing 458 Objection(s) to settlement filed by Barry Davies. (jp)
February 26, 2001 Filing 457 Objection(s) to settlement filed by Brian & Angela Downes. (jp)
February 26, 2001 Filing 456 Objection(s) to settlement filed by Gavina Ewart. (jp)
February 26, 2001 Filing 455 Objection(s) to settlement filed by C. Fredericks & Son. (jp)
February 26, 2001 Filing 454 Objection(s) to settlement filed by Hancocks & Co. (Jewellers) Ltd. (jp)
February 26, 2001 Filing 453 Objection(s) to Settlement filed by Harris Lindsay. (jp)
February 26, 2001 Filing 452 Objection(s) to settlement filed by Robert E. Hirschhorn. (jp)
February 26, 2001 Filing 451 Objection(s) to Settlement filed by Cohen & Cohen. (jp)
February 26, 2001 Filing 450 Further Objection and rply to lead counsel's memorandum in further support of motion for final approval of settlement, approval of plan allocation, award of attys fees and in opposition to objections filed by William Pearson. (jp)
February 26, 2001 Filing 449 Letter filed addressed to Judge Kaplan from Thomas R. Broussard, dated 2/16/01. (jp)
February 26, 2001 Opinion or Order Filing 448 ORDER; three fee applications, in addition to those ruled upon on February 23, have come to the Court's attention, those of Harold B. Obstfeld, P.C. and the firms of Berman, DeValerio, Pease & Tabacco and of Squire, Sanders & Dempsey; Mr. Obstfeld and the Berman firm both represented pltffs in these actions; their applications both are denied for the reasons set forth in paragraphs 1 and 2 of Section II of the order dated 2/23/01; Squire Sanders represented proposed intervenors and objectors and seek over $91,000 in fees and expenses; in vigorously advocating the intersts of so-called Mixed Class Members with respect to the scope of the release, they raised a point which the Court ultimately found to have technical merit and thus to have benefitted the class, although the Court remains extremely skeptical as to whether the benefit is any more than theoretical in view of the fact that the preservation of the right of Mixed Class Members to bring suit in Untied States courts to seek damages allegedly sustained in foreign auctions appears to be worthless or nearly so; in any case, it is perfectly plain that the amount of time devoted to advancing this position (over 260 lawyers hours) was far in excess of anything reasonably required to do so; the appliction of Squire Sanders & Dempsey is granted, on the conditions that the conditions upon which the settlement was approved are satisfied and that the settlement becomes final, to the extent that the firm shall recover $17,500 in fees and expesnes of $2,2445.29 from the settlement fund; it is denied in all other respects ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lf)
February 23, 2001 Opinion or Order Filing 447 ORDER; for the reasons set forth in this Order, the applications of Cohen, Milstein, Hausfield & Toll, The Furth Firm, and Kaplan, Kilsheimer & Fox are granted to the extent that they are awarded for attorney's fees and expenses out of the settlement fund in the following amounts: Cohen Milstein- $120,152.99; The Furth Firm- $220,880.70; Kaplan Kilsheimer- $289,508.14. The applications of Lovell & Stewart, Pomerantz Haudek and Meredith Cohn are all denied without prejudice to renewal in conformity with this Order by 3/5/01. All other applications by pltffs' counsel are denied. Those indicated on Schedule A attached hereto as having been denied without prejudice are without prejudice to renewal by 3/5/01. The awards made by this Order are contingent upon the parties satisfying the conditions to the Court's approval of the class action settlement and the settlement becoming final . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn)
February 22, 2001 Filing 446 MEMORANDUM OF LAW by Pamela Alper, Michael Alper in response to Elzinga/Martin Submissions. (sn)
February 22, 2001 Filing 442 MEMORANDUM OPINION #85198; the applications for final approal of the settlement, the second amended plan for valuation of the idscount certificates, and the plan for allocation of the settlement all are granted on the conditions that the parties, no later than 3/1/01, amend: 1. the settlement documents to conform the releases to the requirements of this opinion, and 2. the second amended plan for valuation of the discount certificates (the "Certificate Plan") to contain provisions satisfactory to the Court to maximize the value of the certificates, the prospects for the development of an efficient secondary market, and the likelihood that one or more qualified persons will make a market in the certificates. Subject to the satisfaction of these conditions, Messrs. Boies and Drubel of the firm of Boies Schiller & Flexner LLP are awarded atty's fees, purs. to the bid accepted bythe Court, of $26.75 million plus 25% of the interest earned on the escrow fund from its establishment to date, payable from the escrow fund in cash and discount certificates in the same ratio as is received by class members with claims exceeding $500. For purposes of determining counsel's fee, the certificates will be valued at 80% of their face amount. Assuming that the conditions set forth above are satisfied, the parties shall submit an agreed form of judgment which, among other things, shall include appropriate provisions directing compliance with the Settlement Agreements, the Certificates Plan, and the plan of allocation and ensuring that sufficient funds are withheld from any initial distributions to cover such atty's fees and disbursements as the Court may award purs. to pending applications by counsel other than pltffs' lead counsel. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
February 21, 2001 Filing 445 SEALED DOCUMENT placed in vault. (da)
February 21, 2001 Filing 444 RESPONSE by Chimicles & Tikellis to [429-1] order that for the reasons set forth on this Order and based on a preliminary review, it appears that the applications for attorneys fees and expenses of the Furth Law Firm, Lovell & Stewart, and Cohen Milsten do not include costs incurred after 5/25/00, that the Kaplan Kilsheimer application does not include such costs, and that the remaining applications are unclear on this point, [429-2] relief (sac)
February 21, 2001 Filing 443 Fld. Statement Of Donoval Miller, LLC In Response To 2/9/01 Order (lf)
February 20, 2001 Filing 441 Supplemental Statement of Wolf Popper LLP in response to the February 9, 2001 Order; (docmt received in night dep. on 02/20/01 at 7:49 p.m.) (djc)
February 16, 2001 Filing 440 The Court's Experts' Report: William Pearson's Comments (lf)
February 16, 2001 Filing 439 SUPPLEMENTAL DECLARATION of Robert N. Kaplan filed. (jp)
February 16, 2001 Filing 438 Statement of Gary S. Jacobson in response to Court Order dated 2/9/01. (jp)
February 15, 2001 Filing 437 Memo-Endorsement on letter addressed to Judge Kaplan from Edwin David Robertson, dated 1/5/01; denying counsel for Eskenazi Ltd's. request that the Request for Exclusion and the Notice be revised as set forth in this letter ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lf)
February 15, 2001 Filing 435 Fld. Submission Purs. to The Court's 2/9/01 Order by The Furth Firm (lf) Modified on 02/20/2001
February 15, 2001 Filing 434 Fld. Statement Of Robert A. Skirnick in response to Court Order dated 2/9/01 (lf) Modified on 02/16/2001
February 15, 2001 Filing 433 Fld. Statement Of Stanley M. Grossman in response to Court Order dated 2/9/01 (lf) Modified on 02/16/2001
February 15, 2001 Filing 432 The Fataihi Objectors' Supplemental Post-Hearing Submission on Valuation of Discount Certificates (sac)
February 14, 2001 Filing 436 Clarification of petition of Cohen, Milstein, Hausfeld & Toll for an award of attorneys' fees and reimbursement of expenses, submitted purs. to the Court's Order dated 2/9/01. (sn)
February 14, 2001 Filing 431 Letter filed addressed to Court from Abraham Sunshine, M.D., dated 2/13/01, . (jp)
February 9, 2001 Telephone Conference held before Judge Lewis A. Kaplan. (emil)
February 9, 2001 Opinion or Order Filing 429 ORDER; that for the reasons set forth on this Order and based on a preliminary review, it appears that the applications for attorneys fees and expenses of the Furth Law Firm, Lovell & Stewart, and Cohen Milsten do not include costs incurred after 5/25/00, that the Kaplan Kilsheimer application does not include such costs, and that the remaining applications are unclear on this point . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp) Modified on 02/14/2001
February 9, 2001 Filing 428 Economic Assessment of Proposed Class Settlement: Addendum, filed by Kenneth G. Elzinga, University of Virginia, Denise Neumann Martin, National Economic Research Associates, Inc. (jp)
February 9, 2001 Filing 427 Economic Assessment of Proposed Class Settlement: Supplemental Report filed by Kenneth G. Elzinga, University of Virginia, Denise Neumann Martin, National Economic Research Associates, Inc. (jp)
February 9, 2001 Filing 426 Economic Assessment of Proposed Class Settlement filed by Kenneth G. Elzinga, University of Virginia, Denise Neumann Martin, National Economic Research Associates, Inc. (jp)
February 9, 2001 Opinion or Order Filing 425 ORDER; that the Court is simultaneously placing in the public file the report and addenda thereto submitted by it's appointed experts. Any comments by objectors or others with respect to these materials shall be served and filed no later than 2/16/01 at 4:00 p.m. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp)
February 8, 2001 Filing 430 Letter filed from Paul T. Jan, dated 02/04/01, re: change of address as follows: Paul T. Jan, 7746-11th Avenue, Burnaby, British Columbia, V3N 2N3 Canada; Tel: (604) 516-6906. (djc)
February 8, 2001 Filing 424 The Fataihi Objectors' Post-Hearing Submission on valuation of discount certificates (sac)
February 8, 2001 Filing 422 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 12/18/00. (db) Modified on 02/08/2001
February 6, 2001 Telephone Conference held before Judge Lewis A. Kaplan. (emil)
February 6, 2001 Filing 421 The Alper Objectors' Post-Hearing Submission. (pl) Modified on 02/08/2001
February 5, 2001 Filing 423 Objection(s) by class member James B. Hicks to Auction House defts Memorandum and to proposed class settlement. (jp)
February 5, 2001 Filing 420 Memo-Endorsement on letter addressed to Judge Kaplan from Robert P. Cummins, dated 1/24/01, withdrawing objectors Pamela and Michael Alper's motion to intervene, fld on 1/5/01 ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd)
February 5, 2001 Memo endorsed on motion; granting [412-1] motion for Edward M. Selfe to appear pro hac vice for Rex Harris ( signed by Judge Lewis A. Kaplan ); Copies mailed. (orig doc. sent to the atty admissions clerk) (lam)
February 2, 2001 Settlement Hearing held before Judge Lewis A. Kaplan. (emil)
February 2, 2001 Filing 419 NOTICE of change of firm affiliation by Herbert Black . (pl)
February 2, 2001 Filing 418 MEMORANDUM OF LAW by Pamela Alper, Michael Alper in opposition to the Second Amended Plan for Valuation of Discount Certificates (cd)
February 2, 2001 Filing 417 Supplemental Objection(s) of Class Member James B. Hicks to propsoed class settlement (cd)
February 1, 2001 Pretrial Conference held before Judge Lewis A. Kaplan. (emil)
February 1, 2001 Opinion or Order Filing 416 ORDER; denying [361-1] motion to extend time to request exclusion from the Class; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lf)
January 31, 2001 Filing 414 LEAD COUNSEL'S MEMORANDUM OF LAW by Christie's, Inc., Sotheby's Holdings, John Does 1-10 in support of dft's Second Amended Plan for Fair-Market Valution of Coupons. (pl)
January 31, 2001 Filing 413 NOTICE OF MOTION by William Strauss; for an order for Edward W. Cochran and Frank H. Tomlinson of Pritchard, McCall & Jones LLC to appear pro hac vice on behalf of intervenor William Strauss ; Return date: not indicated (pl)
January 31, 2001 Filing 412 NOTICE OF MOTION by Rex Harris for Edward M. Selfe to appear pro hac vice ; Return date not indicated. (djc)
January 31, 2001 Filing 406 SEALED DOCUMENT placed in vault. (af)
January 30, 2001 Opinion or Order Filing 415 ORDER OF REASSIGNMENT; the cases entitled Arthur Lee Everitt v. Sotheby's Holdings, Inc. et al, 00 cv 3914; and Gordon Caldwell v. Sotheby's Holdings, Inc. et al, 00 cv 3913, are reassigned to the calendar of Denise L. Cote. All future documents submitted in these actions are to be presented in the Clerk's Office of the S.D.N.Y. for filing and shall bear Judge Cote's initials after the case number . The attorneys for pltffs in In re Sotheby's Holdings, Inc. Securities Litigation, 00 cv 1041, are directed to serve a copy of this Order on counsel for all defts in 00 cv 1041; and 00 cv 648 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (Copy forwarded to Case Assignments Clerk) (sn)
January 30, 2001 Filing 411 DECLARATION of Geoffrey P. Miller by Sotheby's Holdings, Sotheby's Inc., Christie's, Inc., Christie's Int'l. Re: proposed settlement. (Rec'd in night deposit box 1/30/01 6:57 PM) (sn)
January 30, 2001 Filing 410 MEMORANDUM OF LAW by Sotheby's Holdings, Sotheby's Inc., Christie's, Inc., Christie's Int'l. in support of Lead Counsel's motion for final approval of the proposed settlements and in response to objections. (Rec'd in night deposit box 1/30/01 6:57 PM) (sn)
January 30, 2001 Filing 409 DECLARATION of David A. Isaac by Sotheby's Holdings, Sotheby's Inc., Christie's, Inc., Christie's Int'l. Re: to provide the Court with certain information about how proposed certificates could be administered. (Rec'd in night deposit box 1/30/01 6:57 PM) (sn)
January 30, 2001 Filing 408 LEAD COUNSEL'S MEMORANDUM OF LAW in further support of [384-1] motion for an order finally approving the proposed settlement, approving the Plan of Allocation; [384-2] motion awarding attorneys fees. Rec'd in night deposit box 1/30/01 8:46 PM) (sn)
January 30, 2001 Filing 407 Letter filed addressed to Judge Kaplan from Daniel W. Krasner, dated 1/25/01; Re: Mr. Krasner brings to the Courts attention a clerical error which apparently occurred in the Clerk's office in connection with the consolidation of the Sotheby's Holdings, Inc. Securities Lit. (sac)
January 29, 2001 Opinion or Order Filing 405 ORDER; Certain motions to dismiss pertinent to the Kruman and companion cases involving purchases and sales at auctions held abroad were docketed under this master file. (Docket items 214, 225 and 378). Those motions all have been granted by a memorandum opinion and order filed this date in 00 Civ.6322(LAK). The Clerk will close those motions in this master file and in Kruman and consolidated cases; granting [214-1] motion for an order purs. to Rules 12(b)(1), 12(b)(3), and 12(b)(6) of the F.R.C.P. dismissing pltffs' consolidated amended purported class action complt.; [225-1] motion for an Order, purs. to Rules 12(b)(1), 12(b)(3) and 12(b)(6) dismissing the consolidated and amended class action complaint in this action; granting [378-1] motion for an order dismissing the Consolidated and Amended Class Action Complaint in this action pursuant to Rules 8(a)(2) 12(b)(1), 12(b)(3) and 12(b)(6) of the FRCP . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kg)
January 26, 2001 Filing 404 NOTICE of change of address of Joan S. Kirsner; Bernard Kirsher, 6724 NW 62nd Terrace, Parkland, FL 33067, (954) 757-6221. (Docket and file as per Chambers) (sn)
January 26, 2001 Filing 403 Objection by Art Investment Corp. of Delaware, The Mineral Trust, Research Charitable Trust, Azurite Corp., Ltd. ("Objectors") to the revised proposed settlement and the revised proposed plan of allocation. (lf)
January 23, 2001 Filing 402 NOTICE OF MOTION by the Law Offices of Kenneth A. Zitter and Harold B. Obstfeld, P.C., counsel for pltffs Beverly Berry and Paula Weinstein; for attorneys' fees in the amount of $9,541.00 and the reimbursement of expenses in the amount of $255.00 ; Return date not indicated; Affdvt. of Kenneth A.Zitter in support attached; Affdvt. of Harold B. Obstfeld in support attached (lf)
January 23, 2001 Filing 401 LEAD COUNSEL'S OPPOSITION BRIEF re: [361-1] motion to extend time to request exclusion from the Class (lf)
January 23, 2001 Opinion or Order Filing 398 ORDER; Pamela Alper, Michael Alper, Mary Jo Anderson, William Pearson, and William Strauss, each a member of the class previously certified by the Court, have moved to intervene, essentially on the ground that each is dissatisfied with the terms of the proposed settlement ; denying for reasons previously stated [370-1] motion to intervene by William Pearson in all proceedings relating to the proposed settlement purs. to F.R.C.P. 24(a)(2) and 24(b)(2); denying for reasons previously stated [369-1] motion for an Order granting William Strauss permission to intervene in this action; denying for reasons previously stated [367-1] motion for an Order, purs. to Rule 24 of the FRCP Pamela Alper, and Michael Alper, to intervene as pltffs herein and to interpose a complaint; denying for reasons previously stated [364-1] motion for an Order, purs. to Rules 23 and 24 of the FRCP for Mary Jo Anderson to intervene as a party pltff in this action; (signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
January 22, 2001 Filing 400 Letter filed addressed to the Clerk of the Court by M W Mainwaring MA Solicitor, dated 1/9/01; Re: confirming receipt of Notice dated 11/20/00. (sac)
January 22, 2001 Filing 397 MEMORANDUM OF LAW by Auction Houses Anti. in opposition to [370-1] motion to intervene by William Pearson in all proceedings relating to the proposed settlement purs. to F.R.C.P. 24(a)(2) and 24(b)(2); [369-1] motion for an Order granting William Strauss permission to intervene in this action; [367-1] motion for an Order, purs. to Rule 24 of the FRCP permitting Pamela Alper, and Michael Alper, to intervene as pltffs herein and to interpose a complaint; [364-1] motion for an Order, purs. to Rules 23 and 24 of the FRCP for Mary Jo Anderson to intervene as a party pltff this action. (lf)
January 22, 2001 Filing 396 MEMORANDUM OF LAW by Auction Houses Anti. in opposition to [361-1] motion to extend time to request exclusion from the Class . (lf)
January 19, 2001 Opinion or Order Filing 395 ORDER; that counsel for Christie's and Sotheby's shall advise the Court, on or before 1/24/01, of any particular data or other information contained in the court-appointed experts report as to which they seek confidentiality protection and the grounds upon which they do so. Lead Counsel for plaintiffs may object to any such requests on or before 1/26/01. Pending further order of the Court, counsel shall treat the report as having been designated as Confidential pursuant to the protective order in these cases . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl)
January 18, 2001 Filing 399 Letter filed by Sotheby's Holdings addressed to Judge Kaplan from Howard B. Comet, dated 1/18/01; Re: to place the letter to Dr. Martin & Professor Elzinga in the court file. (sac)
January 18, 2001 Filing 394 Objection(s) To Proposed Class Settlement by William Strauss (lf)
January 17, 2001 Opinion or Order Filing 393 ORDER; The Court is in receipt of a copy of a letter sent by counsel for Sotheby's to the court appointed experts together with a request that the letter be filed under seal in order to protect allegedly confidential information. Sotheby's has offered to file publicly a redacted version of the letter. Sotheby shall file a redacted version of the letter no later than 01/18/01. Further, the Court fails to see any factual information, as distinguished from argument, in the entire letter that is not already public save the two percentages that appear in the second paragraph on page 4. Nor is it clear why there is good cause for withholding that information from the public record ; Sotheby's is directed to show cause, on or before 01/18/01, why the entire letter should not be made a matter of public record . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
January 16, 2001 Filing 392 MEMORANDUM OF LAW by Herbert Black in opposition to [370-1] motion to intervene by William Pearson in all proceedings relating to the proposed settlement purs. to F.R.C.P. 24(a)(2) and 24(b)(2), [369-1] motion for an Order granting William Strauss permission to intervene in this action, [367-1] motion for an Order, purs. to Rule 24 of the FRCP permitting Pamela Alper, and Michael Alper, to intervene as pltffs herein and to interpose a complaint, [366-1] motion for an order for Robert W. Bishop to appear pro hac vice to represent Mary Jo Anderson in this action, [364-1] motion for an Order, purs. to Rules 23 and 24 of the FRCP for Mary Jo Anderson to intervene as a party pltff in this action . (cd)
January 16, 2001 Opinion or Order Memo endorsed on motion; granting [116-1] motion for an Order permitting Richard B. Drubel to appear pro hac vice in this action as counsel for pltffs . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (docmt forwarded to atty admissions clk) (djc) Modified on 01/18/2001
January 16, 2001 Opinion or Order Memo endorsed on motion; granting [42-1] motion for an Order, purs. to Local Rule 1.4 withdrawing appearance of Berman, DeValerio & Pease LLP as co-counsel of record to plaintiff; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
January 16, 2001 Memo endorsed on motion; denying as moot [56-1] motion requiring that plntfs' Executive Interim Committee disclose to this firm other plntf's counsel all actions taken by the Committee or its members to settle this action as further set forth in this document; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lf) Modified on 01/18/2001
January 16, 2001 Opinion or Order Memo endorsed on motion; granting [36-1] motion for an order pursuant to Local Rule 1.4 withdrawing Berger & Montague, P.C.'s appearance as co-counsel for plaintiffs in Heffler v. Christie's, 99 Cv 944 and Abrahams v. Christie's, 00 Cv 981. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
January 12, 2001 Filing 391 NOTICE of Intention to appear at a Settement hearing; set settlement hearing for 9:30 2/2/01 in Courtroom 12D (pl)
January 12, 2001 Filing 390 fld additional compliance with the Notice of Pendency of Class Action, Proposed Class Settlement and Hearing (cd)
January 12, 2001 Filing 389 NOTICE of Intention to Appear of the J. Paul Getty Trust at the hearing on 2/2/1 (cd)
January 12, 2001 Filing 388 NOTICE of Intention to Appear at Settlement Hearing by Fataihi Company, Swicorp, S.A. (cd)
January 12, 2001 Filing 387 MEMORANDUM OF LAW of J. Paul Getty Trust in support of [362-1] objections (cd)
January 12, 2001 Filing 386 NOTICE of Objectors J&J Lubrano, Angelo Guido Teruzzi and Giovanna Terruzi to appear and object to the proposed settlement and the proposed plan of allocation. (jp)
January 11, 2001 Filing 385 Affidavit of service of notice of motion of Lovell & Stewart, LLP for an order awarding attorneys' fees and reimbursement of expenses, together with the supporting affidavit of Christopher Lovell, and memorandum of law in support, by mail on 12/22/00. (sn)
January 11, 2001 Filing 384 NOTICE OF MOTION for an order finally approving the proposed settlement, approving the Plan of Allocation , and awarding attorneys fees . Return date 2/2/01. (sn)
January 10, 2001 Filing 383 NOTICE OF INTENTION TO APPEAR, AND STATEMENT OF POSITION TO BE ASSERTED by William Pearson. (lf)
January 9, 2001 Filing 382 Objection to the proposed Settlement and the proposed Plan of Allocation by Art Investment Corp. of Delaware, The Mineral Trust, Research Charitable Trust, Azurite Corp., Ltd. (sac)
January 9, 2001 Filing 380 CERTIFICATE OF SERVICE filed by Jay S. Cohen. (jp)
January 8, 2001 Filing 381 Objection(s) and Notice of intention of Petitioner Thomas R. Broussard to appear in opposition to payment of lead counsel fees as described in the Notice of Hearing to be held on 2/2/01. (jp)
January 8, 2001 Filing 379 MEMORANDUM OF LAW by Max M. Fisher, Michael L. Ainslie and Kevin A. Bousquette in support of [378-1] motion for an order dismissing the Consolidated and Amended Class Action Complaint in this action pursuant to Rules 8(a)(2) 12(b)(3) and 12(b)(6) of the FRCP. (Received in the night deposit box on 1/8/01 at 6:57 p.m.) (kw)
January 8, 2001 Filing 378 NOTICE OF MOTION by defendants Max M. Fisher, Michael L. Ainslie and Kevin A. Bousquette, for an order dismissing the Consolidated and Amended Class Action Complaint in this action pursuant to Rules 8(a)(2) 12(b)(1), 12(b)(3) and 12(b)(6) of the FRCP . (Received in the night deposit box on 1/8/01 at 6:57 p.m.) . (kw)
January 8, 2001 Filing 377 AFFIDAVIT of Seth D. Rigrodsky Re: [376-1] support memorandum . (pl)
January 8, 2001 Filing 376 OBJECTION AND MEMORANDUM OF LAW in support of The objection of J&J Lubrano, Mr. Angelo Guido Terruzzi and Mrs. Giovanna Terruzzi to the Proposed settlement and Lead counsel's proposed Plan of Allocation. (pl) Modified on 01/09/2001
January 5, 2001 Filing 375 Objection of Jonathan A. Hill to the Proposed Settlement and the Proposed Plan of Allocation. (djc)
January 5, 2001 Filing 374 Objection of The William Reese Company, a member of the class certified by this Court, to Class Action Settlement. (lam)
January 5, 2001 Filing 373 Objection by William Pearson to the proposed settlement. (sn)
January 5, 2001 Filing 372 NOTICE of intention to appear, and statement of position to be asserted by William Pearson. (sn)
January 5, 2001 Filing 371 Intervenor William Pearson's pleading filed. (sn)
January 5, 2001 Filing 370 NOTICE OF MOTION to intervene by William Pearson in all proceedings relating to the proposed settlement purs. to F.R.C.P. 24(a)(2) and 24(b)(2) . No return date indicated. (sn)
January 5, 2001 Filing 369 NOTICE OF MOTION by William Strauss; for an Order granting William Strauss permission to intervene in this action ; Return date 2/2/01. Documents in support of motion attached. (jp)
January 5, 2001 Filing 368 MEMORANDUM OF LAW by Pamela Alper, Michael Alper in support of [367-1] motion for an Order, purs. to Rule 24 of the FRCP permitting Pamela Alper, and Michael Alper, to intervene as pltffs herein and to interpose a complaint . (jp)
January 5, 2001 Filing 367 NOTICE OF MOTION by Pamela Alper, Michael Alper; for an Order, purs. to Rule 24 of the FRCP permitting Pamela Alper, and Michael Alper, to intervene as pltffs herein and to interpose a complaint ; Return date 2/2/01. Proposed intervenor complaint attached. (jp)
January 5, 2001 Filing 366 NOTICE OF MOTION by Mary Jo Anderson; for an order for Robert W. Bishop to appear pro hac vice to represent Mary Jo Anderson in this action ; Return date not indicated. Proposed Order attached. (jp)
January 5, 2001 Filing 365 MEMORANDUM OF LAW by Mary Jo Anderson in support of [364-1] motion for an Order, purs. to Rules 23 and 24 of the FRCP for Mary Jo Anderson to intervene as a party pltff in this action . (jp)
January 5, 2001 Filing 364 NOTICE OF MOTION by Mary Jo Anderson; for an Order, purs. to Rules 23 and 24 of the FRCP for Mary Jo Anderson to intervene as a party pltff in this action ; Return date not indicated. Proposed order as well as supporting documents attached. (jp)
January 5, 2001 Filing 362 Objection(s) of the J. Paul Getty Trust to the proposed settlement. (jp)
January 5, 2001 Filing 360 Objection(s) by Ronald S. Mintz to proposed settlements. (sac)
January 5, 2001 Filing 357 DECLARATION of Charles J. Piven by David Beal in support of Re: [356-1] motion for an order for attorney fees and reimbursement of reasonable expenses from the common fund . (pl)
January 4, 2001 Filing 363 Objection(s) by Fataihi Company, Swicorp, S.A. to Proposed Settlement (cd)
January 4, 2001 Filing 361 NOTICE OF MOTION by Fataihi Company, Swicorp, S.A. to extend time to request exclusion from the Class ; Return date not indicated (cd)
January 3, 2001 Filing 359 DECLARATION of Brian Barry in support of Re: [356-1] motion for an order for attorney fees and reimbursement of reasonable expenses from the common fund. (pl)
January 3, 2001 Filing 358 Objection(s) of Plaintiff Charles Binder to settlement. (pl)
January 3, 2001 Filing 356 NOTICE OF MOTION by the Offices of Charles J. Piven P.A.; for an order for attorney fees and reimbursement of reasonable expenses from the common fund ; Return date: not indicated. (pl)
January 3, 2001 Filing 355 NOTICE OF MOTION by Brett Mitchell for an award of attorney fees and reimbursement of expenses of Daniel R. Karon and Gallagher Sharp Fulton & Norman . No return date indicated. Memorandum of law in support attached. (sn)
January 3, 2001 Filing 354 Letter filed addressed to Judge Kaplan from William J. Almon, dated 11/28/00. (jp)
January 3, 2001 Opinion or Order Filing 353 ORDER, these three actions, (00 cv 6332, 00 cv 7018, 00 cv 7943), are purportedly brought on behalf of classes of persons who purchased or sold through Sotheby's or Christie's at non-internet auctions held outside the U.S., originally were consolidated with the other auction house cases, the principal focus of which is non-internet auctions held inside the U.S. In view of subsequent developments, these three action are severed from In re Auction Houses Antitrust Litigation and consolidated with one another under the lead docket # 00 Civ. 6332 and the style Kruman, et al., v. Christie's Int'l PLC, et al. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac) Modified on 01/04/2001
December 29, 2000 Filing 350 Supplemental Affidavit of service by plntf Charles Binder by mail on 12/28/00 re Motion for an Award of Attorney's fees (cd)
December 28, 2000 Filing 352 CERTIFICATE OF SERVICE of the petition of Law Offices of Charles J. Piven, P.A. for an award of attorneys' fees and reimbursements of reasonable expenses from the common fund and declaration of Charles J. Piven in support of application of Law Offices of Charles J. Piven, P.A. for award of attorneys' fees and reimbursement of expenses, filed by David Beal. (sn)
December 28, 2000 Filing 351 CERTIFICATE OF SERVICE of the declaration of Marcia L. Ford in support of application for award of attorneys' fees and reimbursement of expenses dated 12/11/00. (sn)
December 28, 2000 Filing 342 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 11/17/00. (db)
December 28, 2000 Filing 341 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 11/28/00. (db)
December 27, 2000 Filing 349 CERTIFICATE OF SERVICE of the annexed affirmation re fees, filed by David Solomon. (sn)
December 27, 2000 Filing 348 NOTICE re counsel to pltff Solomon; effective 12/18/00, Joseph P. Garland, one of pltff David Solomon's counsel, has become Of Counsel to the firm Klein & Solomon, LLP. Klein & Solomon, LLP has heretofore represented pltff Solomon with the Law Office of Joseph P. Garland. (sn)
December 27, 2000 Filing 347 SUPPLEMENTAL CERTIFICATE OF SERVICE - Vernon N. Reaser, Jr., an atty, caused a true and correct copy of the Application of Law Office of Vernon N. Reaser, Jr. For An Award of Attys' Fees and Reimbursement of Expenses and Declaration of Vernon N. Reaser, Jr. to be served by mail or fax to the following additional counsel of record stated in this document, on 12/22/00. (sac)
December 26, 2000 Filing 344 DECLARATION of Vernon N. Reaser by Charlotte L. Donoghue in support Re: [343-1] motion for an award of attys fees and reimbursement of expenses . (jp)
December 26, 2000 Filing 343 NOTICE OF APPLICATION by Charlotte L. Donoghue; for an award of attys fees and reimbursement of expenses ; Return date not indicated. (jp)
December 22, 2000 Filing 346 NOTICE OF MOTION by Ron Blau for leave to file late the motion of Shapiro Haber & Urmy LLP for an award of attys' fees and reimbursement of expenes . Return date 1/8/01 @3:00pm. (lam)
December 22, 2000 Filing 345 SUPPLEMENTAL CERTIFICATE OF SERVICE of copies of non-lead counsel Weiss & Yourman's notice of motion for an aware of atty's fees and affidavit in support via first class mail to all counsel on the attached service list. (lam)
December 21, 2000 Filing 340 MEMO-ENDORSEMENT on Letter of Request regarding Marina Krijger; requesting the testimony of Marina Krijger, residing in the jurisdiction of the Senior Master of the Queen's Bench Division, Royal Courts of Justice, Strand, London WC2A 2LL . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn)
December 21, 2000 Filing 338 NOTICE OF MOTION by Herbert Black for attorneys' fees and expenses benefitting the class ; Return date not indicated; attached is a Memo in Support (cd)
December 21, 2000 Filing 336 MEMORANDUM OPINION #84950, denying [216-1] motion to intervene by Fataihi Co and Swicorp as to all proceedings relating to the Prposed Settlement. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn)
December 20, 2000 Filing 339 Letter filed, addressed to Judge Kaplan from H. Watkins Ellerson, dated 12/11/00, re: not acceptance of settlement offer (cd)
December 19, 2000 Filing 337 REPLY MEMORANDUM by A. Alfred Taubman in support of re: [214-1] motion for an order purs. to Rules 12(b)(1), 12(b)(3), and 12(b)(6) of the F.R.C.P. dismissing pltffs' consolidated amended purported class action complt. (sac)
December 19, 2000 Opinion or Order Filing 335 ORDER; the questions to be addressed by Professor Elzinga and Dr. Martin, the court-appointed experts, are expanded to include the following: 1. The propriety and fairness of the 80%-20% split of the proposed settlement consideration between cash and certificates; The defendants' financial exposure if the case were tried successfully to judgment ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
December 19, 2000 Filing 334 CERTIFICATE OF SERVICE of Application of the Firm of Saveri & Saveri, Inc., for an Award of Attorneys' Fees and Reimbursement of Expenses; and Declaration of Guido Saveri in Support of Application for an Award of Attorneys' Fees and Reimbursement of Expenses by depositing said copies in the United States mail to the persons on attached service list. (djc)
December 19, 2000 Filing 332 Affidavit of service of Motion and Notice of Motion for attorneys' fees and costs; memorandum of Points and Authorities in Support of Motion for Attorneys' Fees and Costs; Declaration of Michael P. Lehmann in Support of the Further Firm's motion for Attorney's Fees and Costs; and Proposed Order granting motion for attonreys' fees and costs by mail on 12/18/00 addressed to all on attached service list. (djc)
December 19, 2000 Filing 331 DECLARATION of Clifford H. Aronson by Christie's, Inc., Christie's Int'l. in opposition to Defendant A. Alfred Taubman's Motion to Compel Production of Attorneys' Interview Notes, Memoranda and Reports. (djc)
December 19, 2000 Filing 330 AFFIDAVIT of Antony S.R. Mair in opposition to defendant A. Alfred Taubman's motion to compel production of attorney's interview notes, memoranda and Reports; (djc)
December 19, 2000 Filing 329 MEMORANDUM OF LAW by Christie's, Inc., Christie's Int'l. in opposition to Defendant A. Alfred Taubman's motion to Compel Production of Attorneys' Interview Notes, Memoranda and Reports; (djc)
December 19, 2000 Filing 328 MEMORANDUM OF LAW by Christie's, Inc., Sotheby's Holdings, Sotheby's Inc., Christie's Int'l. in opposition to the Motion of the Fataihi company and Swicorp., S.A. to Intervene. (djc)
December 19, 2000 Filing 327 DECLARATION of Michael L.Weiner by Christie's, Inc., Sotheby's Holdings, Sotheby's Inc., Christie's Int'l. in support of Memorandum in Opposition to the Motion of the Fataihi Company and Swicorp., S.A. to intervene. (djc)
December 18, 2000 Pretrial Conference held before Judge Lewis A. Kaplan. (sn)
December 18, 2000 Filing 333 Petition of Kenneth A. Jacobsen for an award of attorneys' fees and reimbursement of expenses from the Common Fund. (sn)
December 18, 2000 Filing 325 Letter filed addressed to Judge Kaplan from David Hellier, dated 12/04/00, re: Court Notice dated 11/20/00. (pl)
December 15, 2000 Filing 326 Affidavit of service by mail on 12/13/00 of notice of motion of Lovell & Steward, LLP for an order awarding attorneys' fees and reimbursement of expenses, together with the supporting affidavit of Christopher Lovell, and the Memorandum of Law in support of petition for an award of attorneys' fees and remimbusrsement of expenses, upon attorneys for plaintiffs as set forth in annexed service list. (djc)
December 14, 2000 Filing 324 SUPPLEMENTAL AFFIDAVIT of J. Douglas Richards (pl)
December 14, 2000 Filing 323 AMENDED AFFIDAVIT of Russel H. Beatie by Herbert Black in support of plaintiffs application for fees and expenses. . (pl)
December 14, 2000 Opinion or Order Filing 321 ORDER; that the Court hereby appoints Kenneth G. Elizinga, Professor of Economics, University of Virginia, and Denise Martin, National Economic Reasearch Associates, Inc. (the "Court Experts"), as experts to advise the Court concerning: (a) Defendants' plan for fair-market valuation of discount certificates, (b) the competitive consequences of the issuance of such certificates; the Court Experts, on or before, 1/16/01, shall file with the Court a report or reports, as they see fit, addressing the questions raised by the proposal include discount certificates as part of the settlement; Professor Elzinga shall be compensated for his services at the rate of $450 per hour. Dr. Martin shall be compensated at the rate of $375 per hour; the fees and expenses of the Court Experts shall be paid 50 percent by Sotheby's and 50 percent by Christie's; the Court Experts shall comply with the Confidentiality Order previously entered in this case insofar as it applies to any information furnished to them by the parties that may have been designated as Confidential; Professor Elzinga and Nat'l Economic Assoc., Inc. each has advised the Court that he or it is currently advising one or more of the law firms representing parties in this case in connection with unrelated matters. While the Court preliminarily has determined that this presents no obstacle to their serving as Court Experts, any party may make any objection it may have by motion filed on or before 12/30/00 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) Modified on 12/14/2000
December 13, 2000 Filing 322 Letter filed from Edward G. Shufro, dated 12/6/00, re: Class Member does not wish to exclude himself or appear in peson or through attorneys; however wishes to explain why he objects to payment in certificates rather than in cash. (Docket and file as per Chambers) (sn)
December 13, 2000 Filing 319 Supplemental Affidavit of service of notice of motion and affidavit of Stephen D. Oestreich in support for an award of attorneys' fees and reimbursement of expenses on behalf of Wolf Popper LLP by first class mail on 12/13/00. (sn)
December 12, 2000 Filing 320 SEALED DOCUMENT placed in vault. (af)
December 12, 2000 Opinion or Order Filing 316 ORDER; the firm of Beatie and Osborn LLP has filed an application for attorneys' fees which attaches a copy of that firm's bid for the position of lead counsel and therefore did not serve the application on other counsel. The Court will not entertain any applications for attorneys' fees that have not been served on all counsel. Nor is Beatie and Osborn free to attach a copy of its bid, which the Court already has, to its papers. It may serve and file amended papers within 5 days, although the Court reserves the right to deny the application as untimely even if served within that period . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn)
December 12, 2000 Filing 313 Letter filed addressed to Judge Kaplan from Muriel Bodek, dated 11/29/00, re: Christies certificates instead of cash. (pl)
December 12, 2000 Filing 312 AFFIDAVIT of Karl L. Cambronne by Herbert Black in support of [311-1] motion for attorney fees in the amount of $11,473.00 and reimbursement of expenses in the amount of $305.93 for a total of $11,778.93 payable from the recovery in this class action . (djc)
December 12, 2000 Filing 311 NOTICE OF MOTION by Herbert Black for attorney fees in the amount of $11,473.00 and reimbursement of expenses in the amount of $305.93 for a total of $11,778.93 payable from the recovery in this class action ; Return date not indicated. (djc)
December 11, 2000 Filing 318 CERTIFICATE OF SERVICE by Christie's Int'l. - on 12/11/00, I caused to serve by fax a true copy of the attached (a) letter brief of Steven M. Cohen to the Court dated 12/11/00, and caused to be served by fax and mail a true copy of the attached (b) revised (for typographical errors only) letter brief of Steven M. Cohen to the Court dated 12/11/00 and (c) Affidavit of Steven M. Cohen in Opposition to A. Alfred Taubman's Motion to Compel Production of Atty's Interview Notes, Memoranda and Reports and Joining in the opposition as to the following listed in this doc. (sac)
December 11, 2000 Filing 314 NOTICE OF MOTION by Clark Marlor, Robert A. Daly Jr. for attorney fees and reimbursement of expenses for Lowey Dannenberg et al ; Return date not indicated (cd)
December 11, 2000 Filing 310 AFFIDAVIT of Zachary Alan Starr by Maria Elena Noble in support of Application of Starr & Holman, LLP for an award of attys' fees and reimbursement of expenses. (rec'd in the night deposit box on 12/11/00 at 5:36 p.m.) (sac)
December 11, 2000 Filing 309 NOTICE OF MOTION filed by Chimicles & Tikellis, LLP for an order, for an award of fees and expenses for its work performed and costs incurred in this action ; Return date not indicated. Affidavit of Denise Davis Schwartzman in support attached. (sac)
December 11, 2000 Filing 308 AFFIDAVIT of Antony Stefan Romley Mair in opposition to deft A. Alfred Taubman's motion to compel production of attorney's interview notes, memoranda and reports.. (sn)
December 11, 2000 Filing 307 AFFIDAVIT of Steven M. Cohen in opposition to A. Alfred Taubman's motion to compel production of attorney's interview notes, memoranda and reports and joining the opposition submitted by defts Christie's International PLC and Christie's Inc. (sn)
December 11, 2000 Filing 306 MEMORANDUM OF LAW in support of [304-1] motion for attorneys' fees and reimbursement of expenses. (sn)
December 11, 2000 Filing 305 AFFIDAVIT of Michael M. Buchman in support of [304-1] motion for attorneys' fees and reimbursement of expenses. (sn)
December 11, 2000 Filing 304 NOTICE OF PETITION by Milberg Weiss Bershad Hynes & Lerach LLP for attorneys' fees and reimbursement of expenses . No return date indicated. (sn)
December 11, 2000 Filing 303 AFFIDAVIT of Peter D. Fischbein by Theodore Sayers in support of his application for an award of attorneys' fees. (sn)
December 11, 2000 Filing 302 NOTICE OF MOTION by Charles Binder for an order, awarding attorneys' fees and expenses to Robert C. Susser, P.C. and Law Offices of Brian Barry . No return date indicated. Declarations of Robert C. Susser and Brian Barry in support attached. (sn)
December 11, 2000 Filing 300 DECLARATION of Steven A. Kanner by Much Shelist Freed Denenberg Ament & Rubenstein, P.C. in support Re: [298-1] motion for an order awarding Much Shelist Freed Denenberg Ament & Rubenstein, P.C. attnys' fees in an amount which includes a fair and reasonable positive multiplier on its lodgstar of $47,117.50, and reimbursement of its expenses of $5,587.08 . (lf)
December 11, 2000 Filing 299 MEMORANDUM OF LAW by Much Sehelist Freed Denenberg Ament & Rubenstein, P.C. in support of [298-1] motion for an order awarding Much Shelist Freed Denenberg Ament & Rubenstein, P.C. attnys' fees in an amount which includes a fair and reasonable positive multiplier on its lodgstar of $47,117.50, and reimbursement of its expenses of $5,587.08 . (lf)
December 11, 2000 Filing 298 NOTICE OF MOTION by Much Shelist Freed Denenberg Ament & Rubensteion, P.C.; for an order awarding Much Shelist Freed Denenberg Ament & Rubenstein, P.C. attnys' fees in an amount which includes a fair and reasonable positive multiplier on its lodgstar of $47,117.50, and reimbursement of its expenses of $5,587.08 ; Return date not indicated (lf) Modified on 12/12/2000
December 11, 2000 Filing 297 AFFIDAVIT of Craig G. Harley by Chitwood & Harley in support of [296-1] motion for an order awarding attny's fees and expenses in the aggregate amount of $55,028.78 . (lf) Modified on 12/12/2000
December 11, 2000 Filing 296 NOTICE OF MOTION by Chitwood & Harley; for an order awarding attny's fees and expenses in the aggregate amount of $55,028.78 ; Return date not indicated (lf) Modified on 12/12/2000
December 11, 2000 Filing 295 AFFIDAVIT of Stephen Rabin in support of [294-1] motion for attorney fees and disbursements. (djc) Modified on 12/12/2000
December 11, 2000 Filing 294 Rabin & Peckel's NOTICE OF MOTION for attorney fees and disbursements ; Return date not indicated. (docmt received in night dep. on 12/11/00 at 6:34 p.m.) (djc) Modified on 12/12/2000
December 8, 2000 Filing 317 Memo-Endorsement on letter addressed to Judge Kaplan from Steven M. Cohen, atty for deft Hambrecht, dated 12/7/00; set letter/brief regarding privileged information due for 12/11/00 ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lam) Modified on 12/14/2000
December 8, 2000 Filing 293 NOTICE OF MOTION by Miller Faucher & Cafferty LLP, counsel for Christopher Lovell for attorney fees and disbursments . With affidavit in support of Marvin A. Miller attached. Return date not indicated. (lam) Modified on 12/12/2000
December 8, 2000 Filing 292 NOTICE OF MOTION by Goodkind Labaton Rudoff & Sucharow LLP, counsel for Steven J. Meadow, Donald L. Ackerman for attorney fees and disbursemetns . With affidavit in support of Lawrence A. Sucharow attached. Return date not indicated. (lam)
December 8, 2000 Filing 291 MEMORANDUM OF LAW by counsel for Nanette Sue Kass, Vicki Haberman, Charlotte L. Donoghue, Jill H. Abrahams, Flanders B. Morgan Pridemore IIIin support of [290-1] motion for attorney fees and reimbursement of expenses . (lam)
December 8, 2000 Filing 290 NOTICE OF MOTION by Meredith Cohen Greenfogel & Skirnick, counsel for Nanette Sue Kass, Vicki Haberman, Charlotte L. Donoghue, Jill H. Abrahams, Flanders B. Morgan Pridemore III for attorney fees and reimbursement of expenses . Return date not indicated. (lam)
December 8, 2000 Filing 289 NOTICE OF MOTION by Finkelstein Thompson & Loughran, counsel for Donald L. Ackerman for attorney fees and disbursements . With affidavit in support of Burton H. Finkelstein attached. Return date not indicated. (lam)
December 8, 2000 Filing 288 AFFIDAVIT of Jeffrey A. Klafter, atty for Morris Zabarkus in support of Bernstein Litowitz Berger & Grossmann's [286-1] motion for attorney fees and reimbursement of expenses. (lam)
December 8, 2000 Filing 287 MEMORANDUM OF LAW by Morris Zabarkus in support of [286-1] motion for attorney fees and reimbursement of expenses . (lam)
December 8, 2000 Filing 286 NOTICE OF MOTION by Bernstein Litowitz Berger & Grossmann LLP, counsel ofr Morris Zabarkus for attorney fees and reimbursement of expenses . Return date 1/8/01 @3:00pm. (lam)
December 8, 2000 Filing 285 NOTICE OF MOTION by Stamell & Schager, LLP, counsel for Evelyn Frank for attorney fees and expenses . With affidavit in support of Jared Stamell attached. Return date not indicated. (lam)
December 8, 2000 Filing 284 RESPONSE lead counsel for the Class Re: [228-1] order that the parties in this settling cases are directed to show cause, on or before 12/8/00, why the Court should not, purs. to Fed. R. Evid. 706, (1) appoint one or more experts to advise the Court concering (a) defts' pltff for fair-market valuation of discount certificates, and (b) the competitive consequences of the issuance of said certificates as part of a settlement of these cases, and (2) require the parties to provide any experts with such information as they reasonably may in order to carry out their assignment, and (3) impose the cost of any such experts upon defts Sotheby's and Christie's., [228-2] relief (lam)
December 8, 2000 Filing 283 AFFIDAVIT of Joseph H. Weiss, of Weiss & Yourman, counsel for Isabel S. Cohen and Fine Art Network Ltd. in support of [282-1] motion for attorney fees and reimbursement of expenses . (lam)
December 8, 2000 Filing 282 NOTICE OF MOTION by Weiss & Yourman, counsel for Isabel S. Cohen and Fine Art Network Ltd. for attorney fees and reimbursement of expenses . Return date 1/8/01 @3:00pm. (lam) Modified on 12/12/2000
December 8, 2000 Filing 281 NOTICE OF MOTION by Kirby McInerney & Squire, LLP and Donald A.Statland, counsel for Ronald S. Mintz for attorney fees and expenses . Affidavit in support of Alice McInerney attached. Return date not indicated. (lam)
December 8, 2000 Filing 280 NOTICE OF MOTION by Kenneth A. Zitter and Harold B. Obstfeld PC, counsel for Beverly Berry, Paula Weinstein for attorney fees and reimbursement of expenses . With affidavit in support of Kenneth A. Zitter attached. Return date not indicated. (lam)
December 8, 2000 Filing 279 NOTICE OF MOTION by Saveri & Saveri, counsel for Bret Mitchell Collection, Nicola Smith, Francine Malleette and Charles E. Binder for attorney fees and reimbursement of expenses . With declaration in support of Guido Saveri attached. Return date not indicated. (lam)
December 8, 2000 Filing 278 AFFIDAVIT of Aaron Brody, atty for Isabel S. Cohen and Fine Art Networks, Ltd. in support of [277-1] motion for attorney fees and reimbursement of expenses . (lam)
December 8, 2000 Filing 277 NOTICE OF MOTION by Stull Stull & Brody, atty for Isabel S. Cohen and Fine Art Networks Ltd. for attorney fees and reimbursement of expenses . Return date 1/8/01 @3:00pm. (lam)
December 8, 2000 Filing 276 MEMORANDUM OF LAW by counsel for Evelyn Frank in support of [274-1] motion for attorney fees and reimbursement of expenses . (lam)
December 8, 2000 Filing 275 AFFIDAVIT of Joseph J. Tabacco, Jr., atty for Evelyn Frank in support of [274-1] motion for attorney fees and reimbursement of expenses . (lam)
December 8, 2000 Filing 274 NOTICE OF MOTION by counsel for Evelyn Frank for attorney fees and reimbursement of expenses . Return date not indicated. (lam) Modified on 12/11/2000
December 8, 2000 Filing 273 AFFIDAVIT of Russel H. Beatie, atty for pltff Ralph Stone in support of application for payment of fees and reimbursement of expenses. (lam)
December 8, 2000 Filing 272 NOTICE OF MOTION by Klari Neuwest for attorney fees and expenses in this litigation . With declaration in support of Klari Neuwest attached. Return date 2/2/01 @9:30am. (lam)
December 8, 2000 Filing 271 NOTICE OF MOTION filed by Kaplan Kilsheimer & Fox LLP for attorney fees incurrec on behalf of pltffs . With declaration in support of Robert N. Kaplan attached. Return date 2/2/01. (lam)
December 8, 2000 Filing 270 AFFIRMATION of Joseph P. Garland, Klein & Solomon, for pltff David Solomon in support of the application for Klein & Solomon to be awarded atty's fees. (lam)
December 8, 2000 Filing 269 AFFIDAVIT of Stanley M. Grossman in support of petition for attys' fees and disbursements for Pomerantz Haudek Block Grossman & Gross, one of the Interim Lead Counsel in this consolidated class action. (lam)
December 8, 2000 Filing 267 MEMORANDUM OF LAW by Lovell & Stewart, LLP counsel for pltffs in support of [266-1] motion for an order awarding attnys' fees and reimbursementof expenses incurred on behalf of the Class; recv'd. in Night Deposit Mail on 11/8/00 at 11:38 p.m. (lf)
December 8, 2000 Filing 266 NOTICE OF MOTION by Levell & Stewart, LLP counsel for pltffs for an order awarding attnys' fees and reimbursementof expenses incurred on behalf of the Class ; Return date not indicated; Affdvt. of Christopher Levell, Esq. in support attached; recv'd. in Night Deposit Mail on 12/8/00 at 11:38 p.m. (lf) Modified on 12/11/2000
December 8, 2000 Filing 265 DECLARATION of Eugene A. Spector for the firm of Spector, Roseman & Kodroff, P.C. in support Re: [264-1] motion for an award of counsel fees and reimbursement of out-of-pocket expenses from the settlement fund that has been established for the benefit of the proposed pltff classs . (lf)
December 8, 2000 Filing 264 NOTICE OF MOTION by Class Counsel Spector, Roseman & Kodroff, P.C.; for an award of counsel fees and reimbursement of out-of-pocket expenses from the settlement fund that has been established for the benefit of the proposed pltff classs ; Return date not indicated (lf)
December 8, 2000 Filing 263 MEMORANDUM OF LAW in support of [261-1] motion for attorney fees and reimbursement of expenses . (cd)
December 8, 2000 Filing 262 AFFIDAVIT of Richard A. Lockridge in support of [261-1] motion for attorney fees and reimbursement of expenses . (cd)
December 8, 2000 Filing 261 NOTICE OF MOTION, by Lockridge Grindal Nauen, for attorney fees and reimbursement of expenses ; Return date not indicated (cd)
December 8, 2000 Filing 260 Letter filed addressed to Clerk of the Court from Edward G. Shufro, dated 12/6/00; Re: Mr. Shufro is a class member of this action and submits this letter to explain why I object to payment in certificates rather than cash. (sac)
December 8, 2000 Filing 259 DECLARATION of John Halebian by Andrew Shahinian in support Re: [258-1] motion for an order, granting an award to Wechsler Harwood Halebian & Feffer LLP of attys' fees and expenses for legal services in this litigation. (sac)
December 8, 2000 Filing 258 NOTICE OF MOTION by Andrew Shahinian for an order, granting an award to Wechsler Harwood Halebian & Feffer LLP of attys' fees and expenses for legal services in this litigation ; Return date 2/2/01. (sac)
December 8, 2000 Filing 257 NOTICE OF MOTION/PETITION by Donovan Miller, LLC; for an award of attnys fees and reimbursement of reasonable expenses from the common fund ; Return date not indicated; Affdvt. of Michael D. Donovan, Esq. in support attached (lf)
December 8, 2000 Filing 256 NOTICE OF MOTION by the law firms of Schuman & Sall, Philip A. Steinberg, Jay S. Cohen, John P. McCarthy and Jeffrey A. Brodkin; to award as reasonable the fees and expenses set forth in the accompanying Affdvts., as these law firms have performed work which benefited the Class ; Return date not indicated (lf)
December 8, 2000 Filing 255 DECLARATION of Ann C. Yahner in support Re: [254-1] motion for an order awarding attorneys' fees and reimbursement of expenses in the total amount of $148,138.24 from the cash component of the settlement fund created by the settlements with defts. (sn)
December 8, 2000 Filing 254 PETITION of Cohen, Milstein, Hausfeld & Toll for an order awarding attorneys' fees and reimbursement of expenses in the total amount of $148,138.24 from the cash component of the settlement fund created by the settlements with defts . No return date indicated. Memorandum of law in support attached. (sn)
December 8, 2000 Filing 253 DECLARATION of Steven A. Kanner by Brett Mitchell, Charlotte L. Donoghue in support Re: [252-1] motion for an award of attorneys' fees and reimbursement of expenses. (sn)
December 8, 2000 Filing 252 APPLICATION of Much Shelist Freed Denenberg Ament & Rubenstein, P.C., by Brett Mitchell, Charlotte L. Donoghue for an award of attorneys' fees and reimbursement of expenses . No return date indicated. (sn)
December 8, 2000 Filing 251 MEMORANDUM OF LAW by Fataihi Company, Swicorp, S.A. in support of [249-1] motion for attorneys' fees and costs in the amount of $91,986. (sn)
December 8, 2000 Filing 250 DECLARATION of Scott T. Kragie by Fataihi Company, Swicorp, S.A. in support Re: [249-1] motion for attorneys' fees and costs in the amount of $91,986. (sn)
December 8, 2000 Filing 249 APPLICATION of Squire, Sanders & Dempsey, L.L.P. by Fataihi Company, Swicorp, S.A. for attorneys' fees and costs in the amount of $91,986 . No return date indicated. (sn)
December 8, 2000 Filing 248 AFFIDAVIT of Roberta D. Liebenberg by Leigh W. Bauer, Jack Hunter Jr., Daniel Polett in support of pltff counsels' joint petition for fees and reimbursement of expenses filed on behalf of Fine, Kaplan and Black, R.P.C. (sn)
December 8, 2000 Filing 247 REPLY MEMORANDUM by Fataihi Company, Swicorp, S.A. in support of [216-1] motion to intervene by Fataihi Co and Swicorp as to all proceedings relating to the Proposed Settlement. (sn)
December 8, 2000 Filing 246 NOTICE OF MOTION by Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee for attorney fees in the amount of $40,204.50 and reimbursement of expenses in the amoun of $1,553.16 . Return date 3/6/00. (djc)
December 7, 2000 Filing 268 Application of Lowey Dannenberg Bemporad & Selinger, P.C. for an award of attys' fees and reimbursement of expenses. (sac)
December 7, 2000 Filing 245 AFFIDAVIT of Services by Irving Bizer, atty for Robert Lebow in support of Mr. Segal's application for an award of attys' fees and reimbursements of disvburusements purs to this Courts order. (lam)
December 7, 2000 Filing 244 AFFIDAVIT of Stephen D. Oestreich, atty for Janice D. Madoff in support of [243-1] motion for attorney fees . (lam)
December 7, 2000 Filing 243 NOTICE OF MOTION by counsel for Janice D. Madoff for attorney fees . With affidavit in support of Stephen D. Oestreich attached. Return date not indicated. (lam)
December 7, 2000 Filing 242 DECLARATION of Klari Neuwelt, atty for Russel Gulamerian in support of motion for atty fees and reimbursement of expenses` (lam)
December 6, 2000 Filing 315 MEMORANDUM OF LAW by Clark Marlor, Robert A. Daly Jr.in support of [314-1] motion for attorney fees and reimbursement of expenses for Lowey Dannenberg et al . (cd)
December 6, 2000 Filing 301 Letter filed by Michael R. Horan, dated 11/30/00; Re: Mr. Horan was a client of both Sotheby's & Christie's, as a seller, and wants to object to the lawsuit as frivolous harassment of them. (sac)
December 6, 2000 Filing 240 SEALED DOCUMENT placed in vault. (da)
December 6, 2000 Filing 239 SEALED DOCUMENT placed in vault. (da)
December 6, 2000 Filing 238 SEALED DOCUMENT placed in vault. (da)
December 6, 2000 Filing 237 OPPOSITION by A. Alfred Taubman to [211-2] motion staying all further discovery until the latter of 2/28/01 or the conclusion of any prosecution of any of the defts herein indicated on or before that date, [214-1] motion for an order purs. to Rules 12(b)(1), 12(b)(3), and 12(b)(6) of the F.R.C.P. dismissing pltffs' consolidated amended purported class action complt. (pl)
December 6, 2000 Filing 236 DECLARATION of Michael P. Lehmann in support of Re: [234-1] motion for an order pursuant to 15 U.S.C. section 15(a) for attorney fees and Costs . (pl)
December 6, 2000 Filing 235 MEMORANDUM OF POINT AND AUTHORITIES in support of [234-1] motion for an order pursuant to 15 U.S.C. section 15(a) for attorney fees and Costs . (pl)
December 6, 2000 Filing 234 NOTICE OF MOTION by The Furth Firm; for an order pursuant to 15 U.S.C. section 15(a) for attorney fees and Costs ; Return date: not indicated (pl)
December 5, 2000 Filing 233 Memo endorsed on motion for admission of attorney William J. Linklater Pro Hac Vice; granting motion to admit William J. Linklater, Esq. pro hac vice to represent Christopher Davidge . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw)
December 5, 2000 Opinion or Order Filing 232 STIPULATION AND ORDER: reset answer to the Second Consolidated Amended Complaint due for 2/9/01 for Diana D. Brooks. ( signed by Judge Lewis A. Kaplan ) (sac)
December 5, 2000 Filing 231 MEMORANDUM OF LAW by pltffs in opposition to [216-1] motion to intervene by Fataihi Co and Swicorp as to all proceedings relating to the Prposed Settlement. (sn)
December 1, 2000 Filing 230 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 10/18/00. (db)
November 30, 2000 Opinion or Order Filing 229 ORDER; granting in part, denying in part [211-1] motion for an order, permitting the United States to intervene in this action; granting in part, denying in part [211-2] motion staying all further discovery until the latter of 2/28/01 the conclusion of any prosecution of any of the defts indicated on or before that date; that the U.S. is granted leave to intervene for the purpose of seeking the stay of discovery it has sought ; the depositions of the witnesses Brooks, Davidge, Burge, Hindlip, Curiel, Pickering and Lash shall not be conducted prior to 3/1/01 ; the motion is denied in all other respects. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) Modified on 12/04/2000
November 30, 2000 Opinion or Order Filing 228 ORDER, the parties in this settling cases are directed to show cause, on or before 12/8/00, why the Court should not, purs. to Fed. R. Evid. 706, (1) appoint one or more experts to advise the Court concering (a) defts' pltff for fair-market valuation of discount certificates, and (b) the competitive consequences of the issuance of said certificates as part of a settlement of these cases, and (2) require the parties to provide any such experts with such information as they reasonably may request in order to carry out their assignment, and (3) impose the cost of any such experts upon defts Sotheby's and Christie's. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
November 29, 2000 Filing 227 SEALED DOCUMENT placed in vault. (da)
November 29, 2000 Filing 226 MEMORANDUM OF LAW by Diana D. Brooks in support of [225-1] motion for an Order, purs. to Rules 12(b)(1), 12(b)(3) and 12(b)(6) dismissing the consolidated and amended class action complaint in this action . (jp)
November 29, 2000 Filing 225 NOTICE OF MOTION by Diana D. Brooks; for an Order, purs. to Rules 12(b)(1), 12(b)(3) and 12(b)(6) dismissing the consolidated and amended class action complaint in this action ; Return date 1/26/01. (jp)
November 28, 2000 Oral argument held before Judge Lewis A. Kaplan. (jp)
November 28, 2000 Filing 224 REPLY MEMORANDUM by Fataihi Company, Swicorp, S.A. re: Order to Show Cause concerning defts' ability to pay (cd)
November 27, 2000 Filing 223 RESPONSE by Sotheby's Holdings, Sotheby's Inc. to [211-1] motion for an order, permitting the United States to intervene in this action, [211-2] motion staying all further discovery until the latter of 2/28/01 or the conclusion of any prosecution of any of the defts herein indicated on or before that date (jp)
November 27, 2000 Filing 222 DECLARATION of William M. Landers; (docmt fied in night dep. on 11/27/00 at 6:28 p.m.) (djc)
November 27, 2000 Filing 221 NOTICE OF MOTION by applicants for intervention - Fataihi Company, Swicorp, S.A., for an order to show cause why the court shoud not appoint an independent expert to evaluate Defendants' Discount Certificate plans ; or in the alternative authorizing Applicants to retain such an expert, to be compensated from settlement funds ; Return date not indicated. (djc)
November 27, 2000 Filing 220 Defendants' Plan for Fair-Market Valuation of Discount Certificates. (docmt filed in night dep. on 11/27/00 at 6:28 p.m.) (djc)
November 27, 2000 Filing 219 Plaintiffs' NOTICE OF MOTION for approval of the proposed plan of allocation of settlement proceeds ; Return date 2/2/01. (docmt filed in night dep. on 11/27/00 at 7:37 p.m.) (djc) Modified on 11/28/2000
November 27, 2000 Opinion or Order Memo endorsed on motion; granting [204-1] motion for an order admitting Robert J. Mathias to appear pro hac vice on behalf of dft. Kevin A. Bousquette. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) Modified on 11/30/2000
November 22, 2000 Opinion or Order Filing 218 ORDER; any responses shall be filed by 3:00 PM on 11/27/00 for [211-1] motion for an order, permitting the United States to intervene in this action; reset to 3:00 11/27/00 for [211-2] motion staying all further discovery until the latter of 2/28/01 or the conclusion of any prosecution of any of the defts herein indicated on or before that date . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn)
November 22, 2000 Filing 217 MEMORANDUM OF LAW by Fataihi Company, Swicorp, S.A. in support of [216-1] motion to intervene by Fataihi Co and Swicorp as to all proceedings relating to the Prposed Settlement . (cd)
November 22, 2000 Filing 216 NOTICE OF MOTION by Fataihi Company, Swicorp, S.A. to intervene by Fataihi Co and Swicorp as to all proceedings relating to the Prposed Settlement ; Return date not indicated (cd)
November 22, 2000 Filing 213 NOTICE of attorney appearance for Fataihi Company, Swicorp, S.A. by Scott T. Kragie. (lf)
November 21, 2000 Filing 212 MEMORANDUM OF LAW by United States in support of [211-1] motion for an order, permitting the United States to intervene in this action; [211-2] motion staying all further discovery until the latter of 2/28/01 or the conclusion of any prosecution of any of the defts herein indicated on or before that date. (sn)
November 21, 2000 Filing 211 NOTICE OF MOTION by United States for an order, permitting the United States to intervene in this action ; and staying all further discovery until the latter of 2/28/01 or the conclusion of any prosecution of any of the defts herein indicated on or before that date . No return date indicated. (sn)
November 21, 2000 Opinion or Order Filing 210 ORDER; that Christie's shall submit any response to the application by A. Alfred Taubman, dated 11/17/00, no later than 11/27/00 at 3 p.m. . The Court will hear the parties at 4:30 p.m. on 11/28/00 in Courtroom 12D . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl)
November 21, 2000 Filing 205 Letter filed addressed to Judge Kaplan from Edward G. Shufro, dated 11/15/00, . (jp)
November 20, 2000 Filing 215 MEMORANDUM OF LAW by A. Alfred Taubman in support of [214-1] motion for an order purs. to Rules 12(b)(1), 12(b)(3), and 12(b)(6) of the F.R.C.P. dismissing pltffs' consolidated amended purported class action complt; recv'd. in Night Deposit Mail on 11/20/00 at 8:48 p.m. (lf)
November 20, 2000 Filing 214 NOTICE OF MOTION by A. Alfred Taubman; for an order purs. to Rules 12(b)(1), 12(b)(3), and 12(b)(6) of the F.R.C.P. dismissing pltffs' consolidated amended purported class action complt. ; Return date not indicated; recv'd. in Night Deposit Mail on 11/20/00 at 8:48 p.m. (lf)
November 20, 2000 Filing 209 MEMORANDUM OF LAW, by Lead Counsel Boies Schiller & Flexner re: [203-1] order that the court has scheduled a hearing for consideration of whether to approve the proposed settlement of these actions, provide for notice to the class, and related matters . (cd)
November 20, 2000 Filing 208 MEMORANDUM OF LAW by A. Alfred Taubman in response re: [203-1] order that the court has scheduled a hearing for consideration of whether to approve the proposed settlement of these provide for notice to the class, and related matters; [203-2] relief the Court directs that the proposed class notice be revised as set forth in this order; [203-3] the proposed settlement, if adopted, would provide Christie's and Sotheby's with options to pay up to $50 million each in the form of discount certificates to be applied solely to reduce seller's commissions and certain other consignment-related charges paid on Christie's or Sotheby's auction transactions; In view of the highly concentrated nature of this industry, the Court has substantial question whether approval of this term of the proposed settlement is in the public interest; it hereby solicits the views of the Antitrust Division of the US Dept. of Justice; any submission purs to this solicitation shall be filed by 12/15/00; [203-4] relief the parties are hereby directed, purs to Fed.R.Evid.706(a), to show cause, on or before 11/20/00, why the Court should not appoint an expert witness to report to the Court and, if need be, testify as to the economic ability of the defts who are contibuting, directly or indirectly, to the proposed settlement to pay amounts up to and including treble the total estimated damages sustained as a result of the admitted and alleged conspiracies as well as the fine proposed to be paid by Sotheby's in the criminal case now before this Court; The parties are invited also to nominate proposed experts, provided, however, that the parties shall not discuss the matter with anyone whom they nominate absent further order of the Court; [203-5] relief counsel to whom this order is sent is responsible for faxing a copy to all counsel and retaining verification of such in the case file; do not fax such verification to Chambers; [203-6] relief. (lfa)
November 20, 2000 Filing 207 MEMORANDUM OF LAW by Auction House Defts' in response to re: [203-1] order that the court has scheduled a hearing for consideration of whether to approve the proposed settlement of these provide for notice to the class, and related matters; [203-2] relief the Court directs that the proposed class notice be revised as set forth in this order; [203-3] the proposed settlement, if adopted, would provide Christie's and Sotheby's with options to pay up to $50 million each in the form of discount certificates to be applied solely to reduce seller's commissions and certain other consignment-related charges paid on Christie's or Sotheby's auction transactions; In view of the highly concentrated nature of this industry, the Court has substantial question whether approval of this term of the proposed settlement is in the public interest; it hereby solicits the views of the Antitrust Division of the US Dept. of Justice; any submission purs to this solicitation shall be filed by 12/15/00; [203-4] relief the parties are hereby directed, purs to Fed.R.Evid.706(a), to show cause, on or before 11/20/00, why the Court should not appoint an expert witness to report to the Court and, if need be, testify as to the economic ability of the defts who are contibuting, directly or indirectly, to the proposed settlement to pay amounts up to and including treble the total estimated damages sustained as a result of the admitted and alleged conspiracies as well as the fine proposed to be paid by Sotheby's in the criminal case now before this Court; The parties are invited also to nominate proposed experts, provided, however, that the parties shall not discuss the matter with anyone whom they nominate absent further order of the Court; [203-5] relief counsel to whom this order is sent is responsible for faxing a copy to all counsel and retaining verification of such in the case file; do not fax such verification to Chambers; [203-6] relief. (lfa)
November 17, 2000 Opinion or Order Filing 206 ORDER; The hearing directed in paragraph 2 of the Order scheduling settlement hearing, dated 11/13/00, shall be held at 9:30 AM on 2/1/01 . The date for class members to exclude themselves from the Class, in accordance with par. 2(d) of the schedule in the Order, shall be 1/5/01. The date for Class members to assert objections, in accordance with paragraph 2(e) of the schedule in the Order, shall be 1/5/01. The date for Class members to file and serve a written notification of their desire to appear personally at the hearing, in accordance with paragraph 2(f) of the schedule in the Order, shall be 1/12/01 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn)
November 17, 2000 Filing 204 NOTICE OF MOTION by defendant Kevin A. Bousquette, for an order admitting Robert J. Mathias to appear pro hac vice . Affidavit of Robert J. Mathias in support and affirmation of Amy W. Schulman in support are attached. No return date indicated. (kw)
November 14, 2000 Opinion or Order Filing 203 ORDER, that the court has scheduled a hearing for consideration of whether to approve the proposed settlement of these actions, provide for notice to the class, and related matters ; the Court directs that the proposed class notice be revised as set forth in this order ; the proposed settlement, if adopted, would provide Christie's and Sotheby's with options to pay up to $50 million each in the form of discount certificates to be applied solely to reduce seller's commissions and certain other consignment-related charges paid on Christie's or Sotheby's auction transactions; In view of the highly concentrated nature of this industry, the Court has substantial question whether approval of this term of the proposed settlement is in the public interest; it hereby solicits the views of the Antitrust Division of the US Dept. of Justice; any submission purs to this solicitation shall be filed by 12/15/00 ; the parties are hereby directed, purs to Fed.R.Evid.706(a), to show cause, on or before 11/20/00, why the Court should not appoint an expert witness to report to the Court and, if need be, testify as to the economic ability of the defts who are contibuting, directly or indirectly, to the proposed settlement to pay amounts up to and including treble the total estimated damages sustained as a result of the admitted and alleged conspiracies as well as the fine proposed to be paid by Sotheby's in the criminal case now before this Court; The parties are invited also to nominate proposed experts, provided, however, that the parties shall not discuss the matter with anyone whom they nominate absent further order of the Court ; counsel to whom this order is sent is responsible for faxing a copy to all counsel and retaining verification of such in the case file; do not fax such verification to Chambers ( signed by Judge Lewis A. Kaplan); Copies mailed. (lam)
November 14, 2000 Opinion or Order Filing 202 SCHEDULING ORDER: a hearing shall be held on 1/8/01 at 3:00 p.m. to consider whether the settlement should be given final approval by the Court as set forth in this document. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw)
November 13, 2000 Opinion or Order Filing 201 STIPULATION and ORDER; Pursuant to FRCP 15, Plaintiffs' Lead Counsel may amend the Second Consolidated Amended Class Action Complaint to add Michael Zomber and the Michael Zomber Company as Class representatives ; Flanders Contemporay Art, Charlotte Kruman, Steven Maslow Nicola Smith, Herbert Black, Ronald Black, Catherine Rush, Deborah Rush, Joel Goldberg and I. Jerome Stern are withdrawn as current Class representatives in the form attached hereto as Exhibit A ; (signed by Judge Lewis A. Kaplan) (djc) Modified on 11/15/2000
November 13, 2000 Filing 200 MEMORANDUM OF LAW by Sotheby's Holdings, Sotheby's Inc., and Christie's, Inc. in support of [198-1] motion for an order granting clarification of an exclusion provision in the class definition in this action. (kw)
November 13, 2000 Filing 199 MEMORANDUM OF LAW by Sotheby's Holdings, and Sotheby's Inc. in support of [198-1] motion for an order granting clarification of an exclusion provision in the class definition in this action. (kw)
November 13, 2000 Filing 198 NOTICE OF MOTION by Sotheby's Holdings, Sotheby's Inc., and Christie, for an order granting clarification of an exclusion provision in the class definition in this action . No return date indicated. (kw) Modified on 11/14/2000
November 10, 2000 Filing 197 MEMORANDUM OF LAW by Lead Pltffs' in support of [196-1] motion for an order, for preliminary approval of settlement and form and manner of notice to the class. (rec'd in the night deposit box on 11/10/00 at 7:57 p.m.) (sac)
November 10, 2000 Filing 196 NOTICE OF MOTION filed by Lead Pltffs, for an order, for preliminary approval of settlement and form and manner of notice to the class ; Return date not indicated. (rec'd in the night deposit box on 11/10/00 at 7:57 p.m.) (sac)
November 2, 2000 Opinion or Order Memo endorsed on motion; granting [193-1] motion for order admitting Lankler Siffert & Wohl LLP to appear pro hac vice on behalf of Defendant Diana D. Brooks; ( signed by Judge Lewis A. Kaplan ); Copies mailed; forwarded orig. doc. to Attny. Admissions Clerk (lf) Modified on 11/06/2000
November 1, 2000 Opinion or Order Filing 195 STIPULATION and ORDER, reset answer to second consolidated amended complaint due for 11/30/00 for Diana D. Brooks . ( signed by Judge Lewis A. Kaplan ) (sn)
October 27, 2000 Opinion or Order Filing 194 ORDER; that 00cv7943 is consolidated with case 00cv0648 and related cases and made subject to the order therein dated 2/23/00 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl)
October 27, 2000 Consolidated Lead Case. (pl)
October 23, 2000 Pretrial Conference held before Judge Lewis A. Kaplan . (jp)
October 20, 2000 Filing 193 NOTICE OF MOTION by Diana D. Brooks, for order admitting Lankler Siffert & Wohl LLP to appear pro hac vice . No Return date. (Received in the night deposit box on 10/20/00 at 5:20 p.m.) (kw)
October 19, 2000 Opinion or Order Filing 192 ORDER, denying [184-1] motion for protective order seeking relief from this Court's order dated 10/3/00; proceedings in these cases, as well as the action newly filed by Nicola Smith (for which the docket number is not yet available) shall be conducted according to the following schedule: plaintiffs shall file a consolidated amended complaint by 10/30/00; any motion by defendants to dismiss the consolidated amended complaint shall be filed by 11/20/00, respectively. All discovery in these actions shall be concluded by 4/30/01; the joint pretrial order, and motions for summary judgment and any requests to charge shall be filed by 5/18/01 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw)
October 18, 2000 Pretrial Conference held before Judge Lewis A. Kaplan . (jp)
October 18, 2000 Opinion or Order Filing 191 STIPULATION AND ORDER, the Court extended the time for Christie's to serve amended supplemental responses to Mr. Taubman's Second Set of Interrogatories to Christie's until the end of the conference before the Court, scheduled for 10/18/00 at 9:00 a.m. ( signed by Judge Lewis A. Kaplan ) (sac)
October 17, 2000 Filing 190 SEALED DOCUMENT placed in vault. (da)
October 17, 2000 Filing 189 NOTICE of attorney appearance for Gerald Cafesjian, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee by Roberta D. Liebenberg. (jp)
October 17, 2000 Opinion or Order Filing 188 ORDER, the Court will hold a conference on 10/23/00 at 3:30 pm absent the submission prior to that time of signed, definitive settlement papers. The purpose of the conference will include the possible resumption of discovery and consideration of the existing trial date ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd)
October 17, 2000 Opinion or Order Filing 187 STIPULATION and ORDER; that dft's Christie's Int'l plc and Christie's Inc. (collectively "Christie's") respectfully request that the Court extend the time for Christie's to serve amended supplemental response to Mr. Taubman's Second Set of Interrogatories to Christie's until 5 p.m., October 16, 2000. dft. A. Alfred Taubman consents to this request so that counsel for Mr. Taubman may review the Motion for Protective Order, filed 10/12/00, by dft. Christopher M. Davidge . ( signed by Judge Lewis A. Kaplan ) (pl)
October 17, 2000 Opinion or Order Filing 186 ORDER; that case 00 Civ. 7292 (LAK) is consolidated with this case, 00 Civ. 648 (LAK) and related cases and made subject to the order dated 2/23/00 ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lfa)
October 13, 2000 Filing 185 MEMORANDUM OF LAW by Christopher M. Davidge in support of [184-1] motion for protective order seeking relief from this Court's order dated 10/3/00. (sn) Modified on 10/17/2000
October 13, 2000 Filing 184 NOTICE OF MOTION by Christopher M. Davidge for protective order seeking relief from this Court's order dated 10/3/00 . No return date indicated. (sn) Modified on 10/17/2000
October 13, 2000 Filing 183 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of August 2, 2000. (pl)
October 11, 2000 Opinion or Order Filing 179 ORDER; granting [174-1] motion for clarification to resolve an issue which has arisen since the agreement in principle settling the Class's claims. They act solely on behalf of the class that was certified. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) Modified on 10/12/2000
October 10, 2000 Filing 182 MEMORANDUM OF LAW by Christie's, Inc., Christie's Int'l. in support of [174-1] motion for clarification to resolve an issue which has arisen since the agreement in principle settling the Class's claims . (cd)
October 10, 2000 Filing 181 DECLARATION of David Boies by Herbert Black in support Re: [180-1] reply memorandum . (cd)
October 10, 2000 Filing 180 REPLY MEMORANDUM by Herbert Black re: [174-1] motion for clarification to resolve an issue which has arisen since the agreement in principle settling the Class's claims (cd)
October 6, 2000 Filing 241 NOTICE OF MOTION by Bradley Arant Rose & White LLP; for attorney fees and expenses for work benefitting The Class ; Return date; not indicated. (pl)
October 6, 2000 Filing 178 RESPONSE by Ronald W. Burkle to [174-1] motion for clarification to resolve an issue which has arisen since the agreement in principle settling the Class's claims (cd)
October 5, 2000 Filing 177 MEMORANDUM OF LAW by Charlotte Kruman, Charles Tabachnik and Mortab Limited in opposition to [174-1] motion for clarification to resolve an issue which has arisen since the agreement in principle settling the Class's claims. (kw)
October 5, 2000 Filing 176 AFFIDAVIT of J. Douglas Richards by plaintiffs. (kw)
October 5, 2000 Opinion or Order Filing 173 ORDER, any papers in opposition to lead counsel's motion for clarification, dated 10/4/00 shall be served and filed no later than 10/9/00 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw)
October 4, 2000 Filing 175 CERTIFICATE OF SERVICE re Memo Endorsed 9/28/00 et al as to the G. cash accounts (cd)
October 4, 2000 Filing 174 NOTICE OF MOTION by Herbert Black for clarification to resolve an issue which has arisen since the agreement in principle settling the Class's claims ; Return date not indicated (cd)
October 3, 2000 Opinion or Order Filing 172 STIPULATION and ORDER, reset answer due for 10/30/00 for Diana D. Brooks ( signed by Judge Lewis A. Kaplan ) (cd)
October 3, 2000 Filing 171 MEMORANDUM OPINION #84650; that Christie's shall answer all of the interrogatories referred to in the letter of Taubman's counsel, dated 9/19/00, fully and completely on or before 10/14/00, including in its response information known to Davidge; that should in fail to do so, the Court will entertain an application by Taubman for sanctions and other relief ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lf)
October 3, 2000 Deadline(s) updated: set answers to interrogatories due for 10/14/00 . (lf)
October 3, 2000 Filing 169 SEALED DOCUMENT placed in vault. (afo)
October 3, 2000 Filing 168 SEALED DOCUMENT placed in vault. (afo)
October 2, 2000 Pretrial Conference held before Judge Lewis A. Kaplan . (jp)
September 29, 2000 Filing 170 Memo-Endorsement on letter addressed to Judge Kaplan from Richard B. Drubel, dated 8/25/00; approving the attached proposed form of summary notice . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn)
September 26, 2000 Opinion or Order Filing 167 ORDER, Case no. 00 civ. 7018 is consolidated with 00 civ. 648 subject to the order dated 2/23/00 . ( signed by Judge A. Kaplan ); Copies mailed. (kw) Modified on 09/28/2000
September 22, 2000 Pretrial Conference held before Judge Lewis A. Kaplan. (sn)
September 22, 2000 Filing 166 OPINION #84583, that the benefits of any auction for lead counsel are difficult to assess. It is simple to compare post facto the fee awarded to counsel selected by auction to that which would have been awarded using a traditional percentage-of-recovery method. Likewise, ready comparison can be made with the fees that would have been awarded o other bidders, had their bids been selected. However, the relative value of the attorney's fees does not adequately measure the success of the auction. Instead, the true value of the auction lies in its effect, if any, on the net recovery obtained by plaintiffs. In this respect, the jury on the lead counsel auction in this case is still out, but it is anticipated that the fee structure and the auction process will function as they were intended-to align attorney-client interests more closely, reduce agency costs, and help ensure that the class action mechanism acts as an effective mechanism of justice . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ae)
September 22, 2000 Filing 165 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 164 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 163 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 162 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 161 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 160 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 159 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 158 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 157 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 156 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 155 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 154 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 153 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 152 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 151 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 150 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 149 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 148 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 147 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 146 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 145 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 144 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 143 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 142 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 141 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 140 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 139 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 138 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 137 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 136 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 135 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 134 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 133 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 132 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 131 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 130 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 129 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 128 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 127 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 126 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 125 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 124 SEALED DOCUMENT placed in vault. (da)
September 22, 2000 Filing 123 BRIEF of Jonathan R. Marcey as Amicus Curiae analyzing and supporting the adoption of the Court's Proposed Auction Methodology to select lead counsel for plaintiffs re: (pl)
September 22, 2000 Filing 122 Letter filed addressed to Judge Kaplan from Vanderbilt University Law School, dated 5/12/00, re: proposed auction procedure in this litigation. (pl)
September 22, 2000 Filing 121 AMICUS MEMORANDUM OF LAW of John C. Coffee, Jr., as per invictaion of the Court (cd)
September 20, 2000 Opinion or Order Filing 120 STIPULATION AND ORDER; pltffs agree to extend deft Diana D. Brook's time to answer, move or otherwise respond to the Second Consolidated Amended Complaint to and including 9/29/00. ( signed by Judge Lewis A. Kaplan ) (sac)
September 18, 2000 Opinion or Order ORDER, consolidating cases 00 cv 6322 and 00 cv 0648, subject to the order therein dated 2/23/00 ( signed by Judge Lewis A. Kaplan ); Copies mailed; (original fld in 00 cv 6322) (cd) Modified on 09/20/2000
September 14, 2000 Opinion or Order Filing 583 STIPULATION and ORDER; reset answer due for 9/18/00 for Diana D. Brooks ; ( signed by Judge Lewis A. Kaplan ) (djc)
September 12, 2000 Opinion or Order Filing 119 DUPLICATE ORIGINAL ORDER; that, the Court is considering selecting lead counsel in the manner set forth on this Order and solicits the submission of sealed bids as well as briefs in support of or in opposition to selection of lead counsel in this matter or some reasonable modification thereof. Any such submissions must be served and filed on or before the date fixed for the submission of bids . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp) Modified on 09/13/2000
September 6, 2000 Filing 118 Memo-Endorsement on letter addressed to Judge Kaplan from Richard B. Drubel, dated 8/29/00; granting counsel for the parties request that sending of Class Notice be deferred until 9/30/00 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp)
September 5, 2000 Filing 117 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 2/23/00. (jp)
August 30, 2000 Opinion or Order Filing 115 PROTECTIVE ORDER; regarding procedures that will govern the handling of "Confidential Information"; notwithstanding anything however to the contrary, any confidential material or highly confidential materials filed with the Clerk shall become unsealed on 8/25/05 absent further order of the Court . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) Modified on 10/18/2000
August 29, 2000 Filing 116 NOTICE OF MOTION by Herbert Black, Nanette Sue Kass, Morris Zabarkus, Steven J. Meadow, Janice D. Madoff, Freedom Trust Co., Frieda Glauberman, Catherine W. Rush, Vicki Haberman, Henry Wigglesworth, Robert A. Daly Jr., Gerald Cafesjian, Andrew Shahinian, Charlotte L. Donoghue, Barbara Schiffrin, Donald L. Ackerman, Jill H. Abrahams, Flanders Contempo., Maria Elena Noble, Ronald S. Mintz, Brett Mitchell, Clark Marlor, Robert J. Stern, Brad E. Heffler, Theodore Sayers, Afben Associates LLP, Joel Goldberg, Ronald Black, Deborah N. Rush, D. Scott Kelley, B. Morgan Pridemore III, Robert L. Lewis, Evelyn Frank, Denise M. Kranz, Judy Haddy, Buddy Schussel, Charlotte Kruman, Philip DiGiovanni, Mark McDonald, Robert Lebow, Russel Gulamerian, Nicola Smith, Charlie Brown, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee, Beverly Berry, Paula Weinstein, Gary Downey, Chang Trust, Pauline Stone Pearsall, Edward Beach Van Winkle III, David Beal, David Stone, William Gaines, Macklowe Galleries, David Christopher, Diana D. Brooks, Ron Blau, OPHIR Galleries, Primavera Gallery, Lawrence J. Zinzi, Isabel S. Cohen, Lawrence Zinzi Antiq, Rex Harris; an Order permitting Richard B. Drubel to appear pro hac vice in this action as counsel for pltffs ; Return date not indicated. Certificate of good standing attached. (jp)
August 24, 2000 Opinion or Order Filing 114 Memo-Endorsement on letter addressed to Judge Kaplan from Scott W. Muller, dated 8/8/00; granting deft, A. Alfred Taubman's request that the Court is to modify the Order to be inapplicable to the attached discovery requests, and to permit the issuance of letters of request for foreign depositions. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac) Modified on 08/29/2000
August 24, 2000 Filing 113 Memo-Endorsement on letter addressed to Judge Kaplan from John S. Siffert, dated 8/9/00; granting nunc pro tunc, the request of counsel for Diana D. Brooks that Ms. Brooks' time to answer, move or otherwise respond to the Second Consolidated Amended Complaint, and the time to respond to pltffs request for production of documents and requests for admissions be extended . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp)
August 24, 2000 Opinion or Order Filing 112 Memo-Endorsement on letter addressed to Judge Kaplan from Howard B. Comet, dated 08/09/00; Re: counsel to Sotheby's sees confirmation that the Court's Order applies to certain Requests for Admissions that have been served by plaintiff's counsel; The stay does not apply to these requests for admissions ; (signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
August 24, 2000 Opinion or Order Filing 111 ORDER; that a number of objections and suggestions have been received with respect to the proposed form of notice to the class. They are disposed of as follows: 1) the proposed form of notice shall be modified as indicated in the Court's 7/19/00 order. It may, if Lead Counsel so desire, include the additional sentence proposed in paragraph 1 of Mr. Drubel's letter dated 7/31/00, 2) the suggested revisions contained in paragraphs 2 and 3 of Mr. Drubel's lettter shall be made, 3) the notice shall indicate that the identities of any class members who opt-out and so request shall be held in confidence, 4) the "X amount" shall not be included in the class notice, 5) the notice shall indicate that aplications for attorney's fees may be made also by other plaintiffs' counsel, which the Corut may grant or deny, in whole or in part . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl)
August 11, 2000 Filing 110 Objection(s) by Gerald Cafesjian to Proposed Class Notice (djc)
August 11, 2000 Filing 109 Objection(s) by Maria Elena Noble and Charlotte Stiller to Proposed Class Notice (djc)
August 10, 2000 Filing 108 Objection(s) by pltff Morris Zabarkus' counsel to proposed class notice. (lam)
August 8, 2000 Opinion or Order Filing 107 Memo-Endorsement on letter addressed to Judge Kaplan from John J. Greene, dated 8/4/00; the government writes to withdraw its request that its motion to intervene and to stay depositions and Interrogatories and supporting memorandum of law be filed under seal ; the government also renews its request that the ex parte affidavit of John J. Greene remain under seal. The ex parte affidavit shall remain under seal pending further Order of the Court . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp)
August 4, 2000 Opinion or Order Filing 106 STIPULATION AND ORDER; pltffs agree to extend deft Diana D. Brook's time to answer, move or otherwise respond to the Second Consolidated Amended Complaint from 8/3/00 to and including 8/10/00. ( signed by Judge Lewis A. Kaplan ) (sac)
August 2, 2000 Telephone Conference held before Judge Lewis A. Kaplan . (jp)
August 2, 2000 Filing 105 Affidavit of service of Pltffs' Request for Default Against Deft Sir Anthony John Tennant; Declaration of Alfred Philip Levitt, Esq. in Support of Entry of Default Against Deft Sir Anthony John Tennant; and Certificate of Entry of Default upon: Scott W. Muller, Esq., Ed Boyle, Esq., Davis Polk & Wardwell; John A. Donoval, Esq., Skadden, Arps, Slate, Meagher & Flom LLP; Steven Alan Reiss, Esq., Howard B. Comet, Esq., David Lender, Esq., Edward J. Burke, Esq., Weil, Gotshal & Manges LLP; John Siffert, Esq., Lisa Baroni, Esq., Lankler Siffert & Whol LLP; Michael L. Weiner, Esq., Shepard Goldfein, Esq., Christopher H. Aronson, Esq., Thomas Pak, Esq., Skadden, Arps, Slate, Meagher & Flom LLP by first class mail and facsimile on 8/2/00. (lf)
August 2, 2000 Filing 104 Request to enter default against Anthony Tennant filed by counsel for pltffs. (jp)
July 31, 2000 Opinion or Order Filing 103 ORDER, granting [100-1] motion to intervene by United States of America for the purposes of making this application; the motion to seal the motion papers is puzzling. On the one hand, the Antitrust Division states that its papers contain grand jury information the confidentiality of which is protected by Fed. R. Crim. P. 6(e). On the other hand, it has submitted a certificate stating that it has served copies of its papers on counsel for plaintiffs and defendants in these civil actions. It is difficult to imagine the point of sealing the papers if, in fact, they have been disseminated this widely. Against the possibility that the certificate of service is erroneous, the government's affidavit and memorandum of law will be filed under seal. Absent a further showing by the government, however, the seal will be opened on or after 8/8/00 ; the government's motion to stay depositions and answers to interrogatories pending conclusion of its grand jury investigation is troublesome because the motion is made in such conclusory terms. There has been no showing as to why the investigation has not been concluded or why the additional time forecast by the government is needed. The contention that the investigation would be prejudiced by the discovery the government seeks to stay is simply a bald assertion. While it might well prove appropriate, should the grand jury return an indictment, to stay certain civil discovery pending resolution of the criminal case, there is no indictment now. The possibility that a criminal defendant might use discovery in a civil case to obtain information to which he or she has no right under the Criminal Rules currently is theoretical. Nevertheless, the Court does not wish to take any material risk of prejudicing the investigation. In all the circumstances, the Court stays depositions of present or former employees and officials of Christie's and Sotheby's and their affiliates and answers to interrogatories by defendants through 9/11/00. In the event the government seeks a further stay, it will have to make a substantially more persuasive case that it did on this occasion . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ae)
July 31, 2000 Filing 102 Objection(s) by plaintiff Ronald Mintz to the proposed Notice of Pendency of Class Action (cd)
July 31, 2000 Filing 101 Objection(s) by Christie's, Inc., Christie's Int'l. to Class Notice, submitted to the Court on 7/17/00 (cd)
July 31, 2000 Filing 100 NOTICE OF MOTION to intervene by United States of America and for an order staying all depositions and all answers to interrogatories until the conlcusion of a closely-related grand jury investigation currently being conducted in this district ; Return date 7/28/00. (djc)
July 31, 2000 Filing 99 SEALED DOCUMENT placed in vault. (da)
July 28, 2000 Filing 98 Affidavit of service as to Anthony Tennant by personal service on 7/5/00 (djc)
July 27, 2000 Opinion or Order Filing 97 STIPULATION and ORDER; reset answer to Second Consolidated Amended Complaint due for 8/3/00 for Diana D. Brooks . (signed by Judge Lewis A. Kaplan ) (djc)
July 26, 2000 Opinion or Order Filing 96 STIPULATION and ORDER, reset answer to the Second Consolidated Amended Complaint due for 8/3/00 for Diana D. Brooks . ( signed by Judge Lewis A. Kaplan ) (ri)
July 19, 2000 Filing 95 Memo-Endorsement on letter addressed to Judge Kaplan from John J. Greene, dated 7/17/00. Re: The Government requests a conference to discuss its intention to file a motion under F.R.C.P. 24 to intervene and to stay further discovery until the grand jury concludes its investigation. No conference is necessary. The Government may file its motion . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn)
July 19, 2000 Opinion or Order Filing 94 ORDER, that any objections to the proposed form of notice shall be served and filed no later than 7/31/00; The Court is considering modification of the proposed form of notice by inserting after the second sentence of the first full paragraph on page 6 of the following sentence: "There is a further risk that Lead Counsel's incentive to pursue the matter aggressively could be reduced if Lead Counsel came to believe that a recovery of less than "X", either by settltment or adjudication, were unlikely"; Any comments on this proposed change shall be served and filed no later than 7/31/00; The parties by 7/31/00 are to notify the Court of the method by which notice is to be distributed and provide a basis for concluding that such method is the best notice practicable in the circumstances. Absent valid objection, the notice shall be given on or before 8/31/00 . (signed by Judge Lewis A. Kaplan); Copies mailed. (ri)
July 10, 2000 Filing 93 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 5/12/00. (lf)
June 30, 2000 Opinion or Order Filing 92 ORDER; that the application of David Boies, Esq. and Richard B. Drubel, Esq. for the leave to disclose their bid to the firms of Susman Godfrey and Kaplan Kilsheimer & Fox and to the Law Offices of Jeffrey S. Abraham for the purposes stated therein is granted subject to the condition that any person to whom said bid is disclosed who is not a member of the Bar of this Court first shall have executed and filed with the Clerk in these actions an instrument consenting to the jurisdiction of this Court for the purpose of enforcing this order. All persons to whom the bid is disclosed are directed not to disclose the bid to anyone or use it for any purpose other than considering whether and on what terms to work with Lead Counsel in this case . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) Modified on 07/05/2000
June 29, 2000 Filing 91 Letter filed addressed to Judge Kaplan from Richard B. Drubel, dated 5/30/00, re: a request for the Court's permission for lead counsel to disclose the terms of their bid. (jp)
June 28, 2000 Opinion or Order Filing 90 ORDER; the Clerk of the Court is authorized and directed to issue a new summons for Sir Anthony Tennant in the form attached to this order ; (signed by Judge Lewis A. Kaplan ); Copies mailed. (djc)
June 28, 2000 Opinion or Order Filing 89 ORDER; that Paragraph 14(j) of the Court's Order dated 2/23/00 is modified to read as set forth on this Order . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp)
June 21, 2000 Telephone Conference held before Judge Lewis A. Kaplan . (jp)
June 21, 2000 Opinion or Order Filing 87 ORDER; that on or before 7/17/00, lead counsel for pltffs shall submit a proposed form of notice to the members of the pltff class, preferably with agreement as to form of defts' counsel, as well as a plan for the giving of such notice. The proposed form of notice shall describe, among other things, the manner in which lead counsel was selected and explain any risks for the class which may result from the manner in which Lead Counsel will be compensated . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp)
June 16, 2000 Opinion or Order Filing 88 STIPULATION and ORDER, reset answer due for Diana D. Brooks for 5/4/00 ; That Ms. Brooks is to respond within 10 days following her answer or motion directed to the complaint to any written discovery served on her prior to 7/15/00 and further agrees to meet with lead counsel for plaintiffs sufficiently in advance of such discovery responses in order to work throught issues concerning such discovery, if any . ( signed by Judge Lewis A. Kaplan ) (ri)
June 13, 2000 Filing 86 MEMORANDUM OF LAW by Herbert Black, Morris Zabarkus, Steven J. Meadow, Janice D. Madoff, Freedom Trust Co., Frieda Glauberman, Catherine W. Rush, Vicki Haberman, Henry Wigglesworth, Robert A. Daly Jr., Gerald Cafesjian, Andrew Shahinian, Charlotte L. Donoghue, Barbara Schiffrin, Donald L. Ackerman, Jill H. Abrahams, Flanders Contempo., Maria Elena Noble, Ronald S. Mintz, Brett Mitchell, Clark Marlor, Robert J. Stern, Brad E. Heffler, Theodore Sayers, Afben Associates LLP, Joel Goldberg, Ronald Black, Deborah N. Rush, D. Scott Kelley, B. Morgan Pridemore III, Robert L. Lewis, Evelyn Frank, Denise M. Kranz, Judy Haddy, Buddy Schussel, Charlotte Kruman, Philip DiGiovanni, Mark McDonald, Robert Lebow, Russel Gulamerian, Nicola Smith, Charlie Brown, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee, Beverly Berry, Paula Weinstein, Gary Downey, Chang Trust, Pauline Stone Pearsall, Edward Beach Van Winkle III, David Beal, David Stone, William Gaines, Macklowe Galleries, David Christopher, Diana D. Brooks, Ron Blau, OPHIR Galleries, Primavera Gallery, Isabel S. Cohen, Lawrence Zinzi Antiq, Rex Harris in support of [85-1] motion for an Order, directing and authorizing the Clerk of the Court to issue a new summons for deft Sir Anthony John Tennant . (jp)
June 13, 2000 Filing 85 NOTICE OF MOTION by Herbert Black, Morris Zabarkus, Steven J. Meadow, Janice D. Madoff, Freedom Trust Co., Frieda Glauberman, Catherine W. Rush, Vicki Haberman, Henry Wigglesworth, Robert A. Daly Jr., Gerald Cafesjian, Andrew Shahinian, Charlotte L. Donoghue, Barbara Schiffrin, Donald L. Ackerman, Jill H. Abrahams, Flanders Contempo., Maria Elena Noble, Ronald S. Mintz, Brett Mitchell, Clark Marlor, Robert J. Stern, Brad E. Heffler, Theodore Sayers, Afben Associates LLP, Joel Goldberg, Ronald Black, Deborah N. Rush, D. Scott Kelley, B. Morgan Pridemore III, Robert L. Lewis, Evelyn Frank, Denise M. Kranz, Judy Haddy, Buddy Schussel, Charlotte Kruman, Philip DiGiovanni, Mark McDonald, Robert Lebow, Russel Gulamerian, Nicola Smith, Charlie Brown, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee, Beverly Berry, Paula Weinstein, Gary Downey, Chang Trust, Pauline Stone Pearsall, Edward Beach Van Winkle III, David Beal, David Stone, William Gaines, Macklowe Galleries, David Christopher, Diana D. Brooks, Ron Blau, OPHIR Galleries, Primavera Gallery, Isabel S. Cohen, Lawrence Zinzi Antiq, Rex Harris; for an Order, directing and authorizing the Clerk of the Court to issue a new summons for deft Sir Anthony John Tennant ; Return date not indicated. Proposed Order and Summons attached. (jp)
June 8, 2000 Filing 83 NOTICE of Change of Address by Herbert Black. (ri)
June 7, 2000 Filing 84 CERTIFICATE OF SERVICE by Herbert Black of the attached Order dated 6/5/00. (sn)
June 5, 2000 Opinion or Order Filing 81 ORDER; that those firms that were furnished with copies of confidential documents for the purpose of preparing bids to serve as lead counsel and that have not yet returned those documents to Interim Lead Counsel are directed to do so forthwith ; Interim Lead Counsel shall serve copies of this Order upon such firms and file proof of service thereof with the Clerk . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp)
June 5, 2000 Filing 80 SEALED DOCUMENT placed in vault. (da)
June 2, 2000 Filing 82 NOTICE of change of address of Daniel R. Karon. (jp)
May 30, 2000 Filing 79 ANSWER to Second Consolidated Amended Class Action Complaint by Sotheby's Holdings, Sotheby's Inc. (Attorney Steven Alan Reiss from the Firm: Weil, Gotshal & Manges). (djc)
May 30, 2000 Filing 78 RULE 1.9 CERTIFICATE filed by Christie's, Inc., Christie's Intl. PLC. (djc)
May 30, 2000 Filing 77 ANSWER to Complaint by Christie's, Inc., Christie's Intl. PLC (Attorney Michael L. Weiner from the Firm: Skadden, Arps, Slate, Meagher & Flom, LLP) (djc)
May 26, 2000 Opinion or Order Filing 76 ORDER; that case# 00cv0648 is consolidated with cases 00cv3911, 00cv3913, and 00cv3914 and made subject to the order therein dated 2/23/00 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl)
May 26, 2000 Opinion or Order Filing 75 ORDER; the Court finds that the interests of the class, taking into account the economic terms of bids, the qualifications of bidders, and all other relevant factors, would be served best by the appointment of, and hereby appoints, as lead counsel: David Boies and Richard B. Drubel Boies, Schiller & Flexner LLP. This appointment is made purs. to the terms of their bid, dated 5/24/00. That order is hereby modified prospectively by striking the word "interim" wherever it appears in the terms "interim lead counsel" and "interim organization of counsel." Interim lead counsel are relieved are relieved from their responsibilities as such with the thanks of the Court. The Court anticipates filing an opinion with respect to the counsel selection process. It issues this order promptly upon selection of lead counsel to avoid any delay in the progress of the case. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
May 25, 2000 Filing 74 SEALED DOCUMENT placed in vault. (da)
May 25, 2000 Filing 73 SEALED DOCUMENT placed in vault. (da)
May 23, 2000 Filing 72 Consent To Jurisdiction by counsel for Gerald Cafesjian (lf)
May 22, 2000 Filing 71 CONSENT TO JURISDICTION of this Court. (ri)
May 22, 2000 Filing 70 CONSENT TO JURISDICTION (ri)
May 22, 2000 Filing 69 CONSENT TO JURISDICTION. (ri)
May 22, 2000 Filing 68 CONSENT TO JURISDICTION by Plaintiffs. (ri)
May 22, 2000 Opinion or Order Filing 67 ORDER, that the Court's 5/17/00 order with respect to Milberg Weiss's motion is amended to require disclosure on the same terms and conditions of Exhibit 6, submitted to the Court for in camera inspection under cover of a letter dated 5/19/00 . (signed by Judge Lewis A. Kaplan); Copies mailed. (ri)
May 22, 2000 Opinion or Order Filing 66 ORDER; consolidating cases 00 cv 648 (as Lead Case) with 00 cv 3672 (LAK) and related cases and made subject to the Order therein dated 2/23/00 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn) Modified on 05/23/2000
May 19, 2000 Filing 65 CONSENT TO JURISDICTION (ri) Modified on 05/23/2000
May 19, 2000 Filing 64 CONSENT TO JURISDICTION. (ri) Modified on 05/23/2000
May 19, 2000 Filing 63 CONSENT TO jurisdiction of Court for purpose of enforcing order dated 5/17/00. (ri) Modified on 05/23/2000
May 18, 2000 Filing 62 DECLARATION of William E. Hoese, I consent to the jurisdiction of htis Court for the purpose of enforcing the Order of Judge Kaplan, dated 5/17/00 (cd) Modified on 05/23/2000
May 17, 2000 Opinion or Order Filing 61 ORDER; regarding Court appointed interim lead counsel pending further consideration of the appropriate organization of counsel and the basis for selection of lead counsel. On the basis of the information available to it, the Court has decided to employ sealed bids in selecting lead counsel, purs. to the terms set forth herein . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn) Modified on 05/23/2000
May 17, 2000 Opinion or Order Filing 60 ORDER; the motion of the Milberg, Weiss firm, brought on by order to show cause dated 5/9/00 is granted only to the extent that pltffs' lead counsel shall make available to other qualified counsel wishing to bid for the position of lead counsel copies of the 5 exhibits submitted to the Court for in camera inspection under cover of Mr. Grossman's 5/15/00 letter. Qualified counsel, as defined herein, who receive copies of the documents purs. to this Order: (1) Shall not divulge the Documents or their contents to anyone or use them for any purpose other than bidding for the position of lead counsel. (2) Shall not copy or otherwise reproduce the documents in whole or in part. (3) Shall return copies of the Documents provided to them to interim lead counsel before 4 PM on 5/25/00. (4) Destroy all notes and other papers reflecting any information contained in the Documents by 4 PM on 5/25/00 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn) Modified on 05/23/2000
May 17, 2000 Opinion or Order Filing 59 ORDER; the oral motion of the Unitd States of America to intervene for the limited purpose of seeking a stay of certain discovery was granted in open court on 5/12/00 ; the oral motion to stay certain discovery is granted to the extent that discovery of twelve documents produced to the Antitrust Division of the Department of Justice on behalf of Christie's, copies of which bearing numbers CHR 51052-56, CHR 51058-69, CHR 51091, CHR 51095-51106, CHR 51213-19, CHR 51234-51305, CHR 51456-62, and CHR 51577-601 have been reviewed in camera, is stayed to and including 7/17/00; the motion is otherwise denied ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lf) Modified on 05/23/2000
May 15, 2000 Opinion or Order Filing 58 ORDER; cases 00 cv 3460 and 00 cv 3529 are consolidated with no. 00 cv 0648 and related cases and made subject to the order therein dated February 23, 2000 ; (signed by Judge Lewis A. Kaplan); Copies mailed. (djc)
May 15, 2000 Opinion or Order Filing 56 ORDER TO SHOW CAUSE by Chang Trust, Afben Associates LLP, Theodore Sayers; Show Cause Hearing set for 2:00 5/12/00 requiring that plntfs' Executive Interim Committee disclose to this firm other plntf's counsel all actions taken by the Committee or its members to settle this action as further set forth in this document ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd)
May 12, 2000 Filing 57 SEALED DOCUMENT placed in vault. (da)
May 12, 2000 Filing 55 Submission of Lovell & Steward, LLP Regarding Proposed Auction Process (docmt received in night dep. on 05/12/00 at 11:57 p.m.) (djc)
May 12, 2000 Filing 54 MEMORANDUM OF LAW by Rabin & Peckel LLP attnys. for pltff in support of the Court's auction procedure for seleccting lead counsel (lf)
May 12, 2000 Opinion or Order Order to Show Cause held before Judge Lewis A. Kaplan. (sac)
May 12, 2000 Filing 52 SEALED DOCUMENT placed in vault. (da)
May 11, 2000 Filing 51 Bernstein Litowitz Berger & Grossman LLP's Response concerning Order to Show Cause. (jp)
May 11, 2000 Filing 50 Susman Godfrey LLP's Response to Order to Show Cause dated 5/9/00. (jp)
May 11, 2000 Filing 49 RESPONSE by Christie's, Inc. Re: Order to Show Cause (cd)
May 11, 2000 Filing 48 AFFIDAVIT of Stanley Grossman Re: Interim Executive Committee in connection with Order to Show Cause dated 5/9/00 (cd)
May 11, 2000 Filing 47 AFFIDAVIT of Daniel Osborn, counsel for plntfs Jose Noyes and David Stone Re: opposition to the application by order to show cause of MIlberg Weiss (cd)
May 11, 2000 Filing 46 RESPONSE by Sotheby's Holdings Re: Order to Show Cause (cd)
May 11, 2000 Filing 45 AFFIDAVIT of David Bershad in support Re: Order to Show Cause re settlement discussions (cd)
May 11, 2000 Filing 44 AFFIDAVIT of Alice McInerney by Ronald S. Mintz in support Re: [43-1] opposition response . (cd)
May 11, 2000 Filing 43 RESPONSE by Ronald S. Mintz Re: Application for an Order Requiring plntfs' Executive interim committee to disclose information et al (cd)
May 10, 2000 Filing 42 NOTICE OF MOTION by co-counsel for Henry Wigglesworth in action number 00 cv 788; for an Order, purs. to Local Rule 1.4 withdrawing its appearance as counsel of record ; Return date not indicated. Affidavit of Kathleen M. Donovan-Maher in support of motion attached. (jp)
May 5, 2000 Opinion or Order Filing 37 STIPULATION and ORDER; reset answer due for 5/30/00 for Sotheby's Holdings, Inc. and Sotheby's Inc. . ( signed by Judge Lewis A. Kaplan ) (pl)
May 5, 2000 Filing 40 Notice of Voluntary Dismissal; that, pursuant to Rule 41(a)(1) of the F.R.C.P., pltff Brad E. Heffler files this Notice of Dismissal without prejudice of his action (Heffler v. Christie's Intl., 00 cv 944). ( signed by Judge Lewis A. Kaplan ) (jp)
May 5, 2000 Filing 38 STIPULATION, reset answer to the Second Amended Class Action Complaint due for 5/26/00 for Christie's, Inc. ( signed by Judge Lewis A. Kaplan ) (cd)
May 4, 2000 Filing 39 NOTICE of Filing of Affidavit of Jill E. Fisch. (jp)
May 3, 2000 Filing 36 NOTICE OF MOTION by Jill H. Abrahams, for an order pursuant to Local Rule 1.4 withdrawing Berger & Montague, P.C.'s appearance as co-counsel for plaintiffs in Heffler v. Christie's, 99 Cv 944 and Abrahams v. Christie's, 00 Cv 981 . Return date not indicated. (Affidavit of H. Laddie Montague, Jr. attached in support) 5/25/00. (ri)
May 1, 2000 Filing 35 NOTICE of Change of address, filed by Rohan Goldfarb Rafel & Shaprio. (jp)
April 28, 2000 Opinion or Order Filing 34 STIPULATION and ORDER, reset answer to the second consolidated amended class action due for 6/22/00 for Diana D. Brooks . ( signed by Judge Lewis A. Kaplan ) (ri) Modified on 05/03/2000
April 27, 2000 Filing 33 Memo-Endorsement on letter addressed to Judge Kaplan from Stanley M. Grossman, dated 4/26/00; Pltff's Interim Executive Committee request as to whether the Court is permitting the "interim lead counsel" to make a joint submission with respect "to the advisability of employing this or a similar structure." No joint submission. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
April 26, 2000 Opinion or Order Filing 32 ORDER, that the Court wishes to clarify its 4/20/00 order soliciting bids for the lead counsel position in two respects: 1) The Court is mindful of the fact that interim lead counsel appointed pursuant to its 2/23/00 have performed and, unless and until other lead counsel is appointed, will continue to perform services on behalf of the class. In the event other lead counsel is appointed, the Court will a fee application on behalf of interim lead counsel should plaintiffs prevail and will consider it according to governing law; 2) The Court anticipates that briefs supporting bids will explan the bidders' respective evaluations of the case, including their assumptions as to possible and likely recoveries in the event liability is established, and the basis therefore . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ri) Modified on 04/28/2000
April 21, 2000 Opinion or Order Filing 31 MEMORANDUM OPINION #83847, granting [17-1] motion for an Order, purs. to Rules 23(b)(2) and 23(b)(3) of the FRCP certifying this case as a class action; the Court finds that all of the requirements of Rules 23(a) and 23(b)(3) are satisfied and determines that these consolidated actions shall be maintained as a class action on behlaf of the class alleged in the complt.; this determination is conditional and may be altered or amended prior to the decision on the merits in light of any changes in circumstances that make such action advisable; ( signed by Judge Lewis A. Kaplan ); copies mailed. (ls) Modified on 04/25/2000
April 14, 2000 Filing 30 SECOND CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Auction Houses Anti. (Answer due 5/4/00 for Taubman Centers, Inc, for A. Alfred Taubman, for Christie's Intl. PLC, for Christie's Int'l., for John/Jane Does 1-25, for Sotheby's Inc., for John Does 1-10, for Sotheby's Holdings, for Christie's, Inc. amending [16-1] amended complaint; Summons issued. (cd)
April 14, 2000 Filing 29 STIPULATION; that the time for deft Christie's, Inc. to answer the Consolidated Class Action Complaint is extended to 5/12/00 . ( signed by Judge Lewis A. Kaplan ) (jp) Modified on 04/17/2000
April 13, 2000 Opinion or Order Filing 28 ORDER, consolidating case 00cv2723 with 00cv 648 and related cases and made subject to the order therien dated 2/23/00 ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd)
April 12, 2000 Filing 53 Joinder by Abbey, Gardy & Squitieri, LLP attnys for pltff Fireda Glauberman, in the application of Milberg Weiss Bershad Hynes & Lerach LLP for an order requiring the interim committee to disclose certain information and documents to other pltffs' counsel and extending the deadline for pltffs' counsel to submit sealed bids in connection w/ the selection of lead counsel (lf)
April 12, 2000 Filing 27 RULE 1.9 CERTIFICATE filed by Sotheby's Holdings, Sotheby's Inc. (rec'd in the night deposit box on 4/12/00 at 6:57 p.m.) (sac)
April 12, 2000 Filing 26 ANSWER to Amended Complaint by Sotheby's Holdings, Sotheby's Inc. (Attorney Howard B. Comet from the Firm: Weil, Gotshal & Manges LLP). (rec'd in the night deposit box on 4/12/00 at 6:57 p.m.) (sac)
April 12, 2000 Filing 25 REPLY by Herbert Black in support of [17-1] motion for an Order, purs. to Rules 23(b)(2) and 23(b)(3) of the FRCP certifying this case as a class action; (docmt filed in night dep. on 04/12/00 at 9:14 p.m.) (djc)
April 7, 2000 Filing 24 Affidavit of service as to A. Alfred Taubman by Suzie Lopetrone/Miro Weiner & Kramer on 3/23/00. Answer due on 4/12/00 for A. Alfred Taubman (cd)
April 6, 2000 Filing 23 MEMORANDUM OF LAW by Sotheby's Holdings, Sotheby's Inc. in response to [17-1] motion for an Order, purs. to Rules 23(b)(2) and 23(b)(3) of the FRCP certifying this case as a class action. (sn)
April 6, 2000 Opinion or Order Filing 22 ORDER; that the following cases 00 Civ. 0846, 00 Civ. 0852, 00 Civ. 1421 and 00 Civ. 1525 are consolidated with case no. 00 Civ. 0648 (LAK) and related cases and made subject to the order therein dated 2/23/00 ; ( signed by Judge Lewis A. Kaplan ); copies mailed. (ls)
April 5, 2000 Filing 21 MEMORANDUM OF LAW by Christie's, Inc., Christie's Int'l. in opposition to [17-1] motion for an Order, purs. to Rules 23(b)(2) and 23(b)(3) of the FRCP certifying this case as a class action (ls)
March 31, 2000 Opinion or Order Filing 20 STIPULATION AND ORDER: reset answer to the Consolidated Class Action Complaint due for 4/12/00 for Christie's, Inc., for Sotheby's Holdings. ( signed by Judge Lewis A. Kaplan ) (sac)
March 24, 2000 Opinion or Order Filing 19 ORDER; these action are consolidated 00 Civ. 788 & 00 Civ. 1608 with 00 Civ. 648 (Lead Case) and made subject to the order therein dated 2/23/00. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac)
March 22, 2000 Filing 18 MEMORANDUM OF LAW by Herbert Black, Nanette Sue Kass, Steven J. Meadow, Janice D. Madoff, Freedom Trust Co., Frieda Glauberman, Catherine W. Rush, Vicki Haberman, Henry Wigglesworth, Robert A. Daly Jr., Gerald Cafesjian, Andrew Shahinian, Charlotte L. Donoghue, Barbara Schiffrin, Donald L. Ackerman, Jill H. Abrahams, Flanders Contempo., Maria Elena Noble, Ronald S. Mintz, Brett Mitchell, Clark Marlor, Robert J. Stern, Brad E. Heffler, Theodore Sayers, Afben Associates LLP, Joel Goldberg, Ronald Black, Deborah N. Rush, D. Scott Kelley, B. Morgan Pridemore III, Robert L. Lewis, Evelyn Frank, Denise M. Kranz, Judy Haddy, Buddy Schussel, Charlotte Kruman, Philip DiGiovanni, Mark McDonald, Robert Lebow, Russel Gulamerian, Nicola Smith, Charlie Brown, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee, Beverly Berry, Paula Weinstein, Gary Downey in support of [17-1] motion for an Order, purs. to Rules 23(b)(2) and 23(b)(3) of the FRCP certifying this case as a class action (jp)
March 22, 2000 Filing 17 NOTICE OF MOTION by Herbert Black, Nanette Sue Kass, Steven J. Meadow, Janice D. Madoff, Freedom Trust Co., Frieda Glauberman, Catherine W. Rush, Vicki Haberman, Henry Wigglesworth, Robert A. Daly Jr., Gerald Cafesjian, Andrew Shahinian, Charlotte L. Donoghue, Barbara Schiffrin, Donald L. Ackerman, Jill H. Abrahams, Flanders Contempo., Maria Elena Noble, Ronald S. Mintz, Brett Mitchell, Clark Marlor, Robert J. Stern, Brad E. Heffler, Theodore Sayers, Afben Associates LLP, Joel Goldberg, Ronald Black, Deborah N. Rush, D. Scott Kelley, B. Morgan Pridemore III, Robert L. Lewis, Evelyn Frank, Denise M. Kranz, Judy Haddy, Buddy Schussel, Charlotte Kruman, Philip DiGiovanni, Mark McDonald, Robert Lebow, Russel Gulamerian, Nicola Smith, Charlie Brown, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee, Beverly Berry, Paula Weinstein, Gary Downey; for an Order, purs. to Rules 23(b)(2) and 23(b)(3) of the FRCP certifying this case as a class action . Return date not indicated. (jp)
March 17, 2000 Filing 16 DUPLICATE AMENDED CONSOLIDATED CLASS ACTION COMPLAINT (ENTERED IN ERROR) by Herbert Black; (Answer due 3/30/00 for Christie's Intl. PLC, for Christie's Int'l., for John/Jane Does 1-25, for Sotheby's Inc., for John Does 1-10, for Sotheby's Holdings, for Christie's, Inc. ); amending [15-1] amended complaint ; Summons issued. (pl) Modified on 03/31/2000
March 15, 2000 Filing 15 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Herbert Black, Nanette Sue Kass, Morris Zabarkus, Steven J. Meadow, Janice D. Madoff, Freedom Trust Co., Frieda Glauberman, Catherine W. Rush, Vicki Haberman, Henry Wigglesworth, Robert A. Daly Jr., Gerald Cafesjian, Andrew Shahinian, Charlotte L. Donoghue, Barbara Schiffrin, Donald L. Ackerman, Jill H. Abrahams, Flanders Contempo., Maria Elena Noble, Ronald S. Mintz, Brett Mitchell, Clark Marlor, Robert J. Stern, Brad E. Heffler, Theodore Sayers, Afben Associates LLP, Joel Goldberg, Ronald Black, Deborah N. Rush, D. Scott Kelley, B. Morgan Pridemore III, Robert L. Lewis, Evelyn Frank, Denise M. Kranz, Judy Haddy, Buddy Schussel, Charlotte Kruman, Philip DiGiovanni, Mark McDonald, Robert Lebow, Russel Gulamerian, Nicola Smith, Charlie Brown, Leigh W. Bauer, Jack Hunter Jr., Daniel Polett, Estate of Robert Lee, Beverly Berry, Paula Weinstein, Gary Downey (Answer due 3/28/00 for Christie's Intl. PLC, for Christie's Int'l., for John/Jane Does 1-25, for Sotheby's Inc., for John Does 1-10, for Sotheby's Holdings, for Christie's, Inc. ) amending [1-1] complaint (adding A. Alfred Taubman); Summons issued. Received in night deposit on 3/15/00 at 6:52 p.m. (jp) Modified on 08/10/2000
March 15, 2000 Filing 14 Memo endorsed on copy of motion; withdrawing [12-1] motion for appointment of Boies, Schiller & Flexner L.L.P and Susman Godfrey, L.L.P as co-lead counsel in the multiple actions currently pending before this Court against defts, Christie's International, Sotheby's Holdings Inc. and Stoheby's Inc., for violations of antitrust laws . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd)
March 8, 2000 Opinion or Order Filing 13 ORDER; that in view of the article in this morning's Wall Street Journal, the attention of counsel is drawn to DR 7-107(a), 22 N.Y.C.R.R. section 1200.38. . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) Modified on 03/10/2000
March 6, 2000 Opinion or Order ORDER; that case No. 00 Civ. 1340 (LAK) is consolidated w/ this case 00 Civ. 0648 (LAK) and related cases and made subject to the order therein dtd. 2/23/00 ; ( signed by Judge Lewis A. Kaplan ); copies mailed. (ls) Modified on 03/07/2000
March 2, 2000 Opinion or Order ORDER; these cases are consolidated with 00 cv 648 (LAK) and related cases and made subject ot the order therein dated 2/23/00. Consolidating cases 00 cv 648 (LAK) (as Lead Case) with 00 cv 756 (LAK), 00 cv 770 (LAK), 00 cv 996 (LAK), 00 cv 1322 (LAK), 00 cv 1326 (LAK), 00 cv 1389 (LAK) for all purposes . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (Original document filed under 00 cv 756 as Doc. #5) (sn)
February 24, 2000 Opinion or Order ORDER; Cases 00 cv 0792, 00 cv 1117 and 00 cv 1141 are consolidated with Case No. 00 cv 0648 and related cases and made subject to the order therein dated February 23, 2000 ; (signed by Judge Lewis A. Kaplan); Copies mailed. (original docmt dktd incase no. 00 cv 0792, docmt #3) (djc)
February 24, 2000 Filing 12 NOTICE OF MOTION by Robert L. Lewis and Dr. Phillip DiGiovanni; for appointment of Boies, Schiller & Flexner L.L.P and Susman Godfrey, L.L.P as co-lead counsel in the multiple actions currently pending before this Court against defts, Christie's International, Sotheby's Holdings Inc. and Stoheby's Inc., for violations of antitrust laws ; Return date not indicated; doc. fld. in U.S.D.C./S.D.N.Y. Night Deposit Mail Box on 2/24/00 at 8:36 p.m. (ls) Modified on 02/28/2000
February 23, 2000 Pretrial Conference held before Judge Lewis A. Kaplan . (pl)
February 23, 2000 Opinion or Order Filing 11 ORDER; the actions listed herein: 00Civ.648(Lead Case) & (Consolidated Mem. Cases): 00 civ 677,748,756,766,767,775, 796,798,799,827,835,837,838,850,886,891,892,904,931,934,939, 941,944,945,947,950,951,952,1013,1047 are consolidated for all purposes purs. to FRCP 41(a). They shall be referred to collectively as In re Auction Houses Antitrust Litigation, Master File No. 00 Civ. 648(LAK). The Clerk of the Court shall: a) file a copy of this Order in the separate file such action; b) mail a copy of the Order of assignment to counsel for pltffs and counsel for each deft in the Consolidated Actions; c) make an appropriate entry in the Master Docket; d) mail to the attys for the pltff(s) in the newley filed or transferred case a copy of this Order; e) upon the first appearance of any new deft(s), mail to the attys for such deft(s) in such newly filed or transferred case a copy of this Order. Pltffs shall file a consolidated amended complaint within 21 days of the date of this order. Further proceedings in the Consolidated Actions and any actions subsequently consolidated with them shall be governed by the following schedule, which will not be modified absent substantial reason: a) pltffs' class action motion shall be filed on or before 3/22/00; b) no amendments to the pleadings or joinder of additional parties shall be permitted after 4/15/00; c) all fact discovery shall be completed and reports of proposed expert witnesses served on or before 10/23/00; d) reports of any proposed rebuttal expert witnesses, and any supplements to reports of other experts in light of report of adversary experts, shall be served on or before 11/22/00; e) the joint pretrial order, any motions for summary judgment, and any requested jury instructions (if applicable) shall be served on or before 11/22/00; f) depositions and any other discovery of proposed expert witnesses shall be completed on or before 12/22/00; the case is set for trial at 9:30 a.m. on 2/27/01. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac) Modified on 03/07/2000
February 23, 2000 Consolidated Lead Case. (sac)
February 22, 2000 Filing 10 AFFIDAVIT of Joshua N. Rubin by Frieda Glauberman in support Re: [9-1] opposition memorandum. (ri) Modified on 02/23/2000
February 22, 2000 Filing 9 MEMORANDUM OF LAW by Frieda Glauberman in opposition to appointment of five Co-Lead Counsel. (ri)
February 18, 2000 Filing 8 CERTAIN PLTFFS' MEMORANDUM OF LAW by Herbert Black in support of the proposed order of consolidation and schedule (Rec'd in N.B. 2/18/00 6:20 PM) (sn)
February 18, 2000 Filing 7 Affidavit of service of summons and complaint as to Christie's, Inc. by Lee White Galvis, Vice President and Deputy General Counsel on 2/8/00. Answer due on 2/28/00 for Christie's, Inc. (Rec'd in N.B. 2/18/00 6:20 PM) (sn) Modified on 02/23/2000
February 18, 2000 Filing 6 Affidavit of service of summons and complaint as to Sotheby's Holdings by Jonathan A. Olsoff, Vice President and Associate General Counsel on 2/8/00. Answer due on 2/28/00 for Sotheby's Holdings. (Rec'd in N.B. 2/18/00 6:20 PM) (sn) Modified on 02/23/2000
February 17, 2000 Filing 5 AMENDED NOTICE of related cases, filed by Christie's, Inc. (jp)
February 17, 2000 Filing 4 NOTICE of attorney appearance for Christie's, Inc. by Clifford Hank Aronson, Michael L. Weiner (jp)
February 14, 2000 Filing 3 NOTICE of related cases, filed by counsel for Herbert Black (jp)
February 14, 2000 Opinion or Order Filing 2 ORDER, that the Court will conduct a status and scheduling conference on 2/23/00 at 9:30 a.m. ; That counsel for the plaintiff shall serve all defendants in all cases listed herein with a copy of this order ; That defendants are directed to provide a copy of this order to counsel for plaintiffs in any case now or hereafter pending in this district which raises common issues with these cases and to advise such plaintiffs' counsel that their presence at the conference noted in paragraph 1 is required ; All parties are directed to show cause, on 2/23/00 at 9:30 a.m., why these actions (00 Cv 648, 748, 766, 767, 796, 798, 799, 827, 835, 837, 838, 850, 886) should not be consolidated, either for all purposes or for all pretrial purposes. Any papers with respect to the issue of consolidation shall be served and filed no later than 2/21/00 at noon . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ri)
January 30, 2000 Filing 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 365361. (em)
January 30, 2000 Magistrate Judge Ronald L. Ellis is so Designated. (em)

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Search for this case: In Re: Auction Houses Anti., et al v. , et al
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Consolidated plaintiff: Robert A. Daly, Jr.
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Consolidated plaintiff: Ronald Black
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Consolidated plaintiff: Vicki Haberman
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Consolidated plaintiff: Andrew Shahinian
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Consolidated plaintiff: Nanette Sue Kass
Represented By: Eugene A. Spector
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Consolidated plaintiff: Gary Downey
Represented By: Brian Philip Murray
Represented By: Joseph Vincent McBride
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Consolidated plaintiff: William Gaines
Represented By: Eliot M. Schuman
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Consolidated plaintiff: Afben Associates LLP
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Consolidated plaintiff: Charlie Brown
Represented By: Frederick Paul Furth
Represented By: R. Alexander Saveri
Represented By: Ben Furth
Represented By: Guido Saveri
Represented By: Craig C. Corbitt
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Consolidated plaintiff: B. Morgan Pridemore, III
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Consolidated plaintiff: Pauline Stone Pearsall
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Consolidated plaintiff: Clark Marlor
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Consolidated plaintiff: David Stone
Represented By: Eduard Korsinsky
Represented By: Daniel Adam Osborn
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Consolidated plaintiff: Boies, Schiller & Flexner, LLP
Represented By: Jeffrey Simon Abraham
Represented By: Eric Brenner
Represented By: Gary Steven Graifman
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Consolidated plaintiff: Frieda Glauberman
Represented By: Eugene A. Spector
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Consolidated plaintiff: D. Scott Kelley
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Consolidated plaintiff: Janice D. Madoff
Represented By: Eugene A. Spector
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Consolidated plaintiff: Lawrence J. Zinzi
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Consolidated plaintiff: Daniel Polett
Represented By: Robert J Axelrod
Represented By: Roberta D. Liebenberg
Represented By: Jerome J. Shestak
Represented By: Andrew A. Chirls
Represented By: Linda P. Nussbaum
Represented By: Stanley Merrill Grossman
Represented By: Howard I. Langer
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Consolidated plaintiff: Theodore Sayers
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Consolidated plaintiff: Charlotte L. Donoghue on behalf of herself and all others similarly situtated doing business as Charli Donoghue Galleries
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Consolidated plaintiff: Judy Haddy
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Consolidated plaintiff: Edward Beach Van Winkle, III
Represented By: Robert J Axelrod
Represented By: Linda P. Nussbaum
Represented By: Stanley Merrill Grossman
Represented By: Michael D. Hausfeld
Represented By: Daniel S. Small
Represented By: Anthony J. Bolognese
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Consolidated plaintiff: OPHIR Galleries
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Consolidated plaintiff: Brad E. Heffler
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Consolidated plaintiff: Evelyn Frank
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Consolidated plaintiff: Denise M. Kranz
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Consolidated plaintiff: Beverly Berry
Represented By: Kenneth A. Zitter
Represented By: Harold B. Obstfeld
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Consolidated plaintiff: Primavera Gallery, Inc.
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Consolidated plaintiff: Deborah N. Rush
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Consolidated plaintiff: Joel Goldberg
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Consolidated plaintiff: Dr. Philip DiGiovanni
Represented By: Jeffrey Simon Abraham
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Consolidated plaintiff: Steven J. Meadow
Represented By: Eugene A. Spector
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Consolidated plaintiff: Leigh W. Bauer
Represented By: Robert J Axelrod
Represented By: Roberta D. Liebenberg
Represented By: Jerome J. Shestak
Represented By: Andrew A. Chirls
Represented By: Linda P. Nussbaum
Represented By: Stanley Merrill Grossman
Represented By: Howard I. Langer
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Consolidated plaintiff: Robert Lebow
Represented By: Irving Bizar
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Consolidated plaintiff: David Beal
Represented By: Charles J. Piven
Represented By: Shane Thomas Rowley
Represented By: Frederick Taylor Isquith, Sr
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Consolidated plaintiff: Rex Harris
Represented By: David Louis Roth
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Consolidated plaintiff: Diana D. Brooks
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Consolidated plaintiff: Gerald Cafesjian
Represented By: Roberta D. Liebenberg
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Consolidated plaintiff: Ronald S. Mintz
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Consolidated plaintiff: Mark McDonald on behalf of himself and all others similarly situated doing business as Ganesvoort Gallery
Represented By: Robert J Axelrod
Represented By: Linda P. Nussbaum
Represented By: Stanley Merrill Grossman
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Consolidated plaintiff: The Duly Appointed Executors Of The Estate Of Robert S. Lee
Represented By: Robert J Axelrod
Represented By: Roberta D. Liebenberg
Represented By: Jerome J. Shestak
Represented By: Andrew A. Chirls
Represented By: Linda P. Nussbaum
Represented By: Stanley Merrill Grossman
Represented By: Howard I. Langer
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Consolidated plaintiff: Morris Zabarkus
Represented By: Eugene A. Spector
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Consolidated plaintiff: Ronald W. Burkle
Represented By: Robert Andrew Skirnick
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Consolidated plaintiff: Brett Mitchell Collection, Inc.
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Consolidated plaintiff: Flanders Contemporary Art
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Consolidated plaintiff: Chang Trust
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Consolidated plaintiff: Nicola Smith
Represented By: Frederick Paul Furth
Represented By: R. Alexander Saveri
Represented By: Ben Furth
Represented By: Guido Saveri
Represented By: Craig C. Corbitt
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Consolidated plaintiff: Ron Blau
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Consolidated plaintiff: Jack Hunter, Jr.
Represented By: Robert J Axelrod
Represented By: Roberta D. Liebenberg
Represented By: Jerome J. Shestak
Represented By: Andrew A. Chirls
Represented By: Linda P. Nussbaum
Represented By: Stanley Merrill Grossman
Represented By: Howard I. Langer
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Consolidated plaintiff: Charlotte Kruman
Represented By: Karen L. Morris
Represented By: James A. McShane
Represented By: Irving Morris
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Consolidated plaintiff: David Christopher
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Consolidated plaintiff: Maria Elena Noble
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Consolidated plaintiff: Jill H. Abrahams
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Consolidated plaintiff: Paula Weinstein
Represented By: Kenneth A. Zitter
Represented By: Harold B. Obstfeld
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Consolidated plaintiff: Donald L. Ackerman
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Consolidated plaintiff: Russel Gulamerian
Represented By: Klari Neuwelt
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Consolidated plaintiff: Barbara Schiffrin
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Consolidated plaintiff: Robert J. Stern
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Consolidated plaintiff: Freedom Trust Company
Represented By: Eugene A. Spector
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Consolidated plaintiff: Macklowe Galleries
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Consolidated plaintiff: Buddy Schussel
Represented By: Robert J Axelrod
Represented By: Linda P. Nussbaum
Represented By: Stanley Merrill Grossman
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Consolidated plaintiff: Catherine W. Rush
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Consolidated plaintiff: Robert L. Lewis
Represented By: Barry C. Barnett
Represented By: Stephen D. V7947Susman
Represented By: Jeffrey Simon Abraham
Represented By: E. Lawrence Vincent
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Consolidated plaintiff: Isabel S. Cohen
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Consolidated plaintiff: Lawrence Zinzi Antiques, Inc.
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Consolidated plaintiff: Henry Wigglesworth
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Claimant: N.B.S. Diamonds, Inc.
Represented By: Hilton Soniker
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Claimant: Seymour Stein
Represented By: Peter R. Stern
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Claimant: Louis Glick Diamond Corp. d/b/a Louis Glick & Co.
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Claimant: Mouawad Group
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Consolidated defendant: Sotheby's Inc.
Represented By: Howard B. Comet
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Consolidated defendant: Christopher M. Davidge
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Consolidated defendant: Abraham & Associates
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Consolidated defendant: Christie's International
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Consolidated defendant: Christie's International, PLC
Represented By: Michael L. Weiner
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Consolidated defendant: Sir Anthony Tennant
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Consolidated defendant: Kantrowitz, Goldhammer & Graifman
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Consolidated defendant: John/Jane Does 1-25
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Consolidated defendant: Esq. Jeffrey S. Abraham
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Consolidated defendant: Gary S. Graifman
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Defendant: Fataihi Company of Jeddah, Saudi Arabia
Represented By: Keith E. Dobbins
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Defendant: A. Alfred Taubman
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Defendant: Swicorp, S.A.
Represented By: Keith E. Dobbins
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Defendant: Christie's, Inc.
Represented By: Michael L. Weiner
Represented By: Clifford Hank Aronson
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Defendant: John Does 1-10
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Defendant: Sotheby's Holdings Inc.
Represented By: Howard B. Comet
Represented By: Steven Alan Reiss
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Interested party: United States Of America
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Interested party: The United States of America
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Intervenor plaintiff: J&J Lubrano
Represented By: John Douglas Richards
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Intervenor plaintiff: Giovanna Terruzzi
Represented By: John Douglas Richards
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Intervenor plaintiff: Pamela Alper
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Intervenor plaintiff: William Pearson
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Intervenor plaintiff: Angelo Guido Terruzzi
Represented By: John Douglas Richards
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Intervenor plaintiff: Mary Jo Anderson
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Intervenor plaintiff: William Strauss
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Intervenor plaintiff: Michael Alper
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Petitioner: Boies, Schiller & Flexner, L.L.P.
Represented By: David Boies, II
Represented By: Philip C. Korologos
Represented By: Eric Brenner
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Plaintiff: Herbert Black
Represented By: Christopher Lovell
Represented By: Eugene A. Spector
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