In Re: 360Networks Securiti, et al v. , et al
Plaintiff: Nettie Kokura
Defendant: Vanessa Wittman, Gene Sykes, Andrew Rush, Larry Olsen, Gregory B. Maffei, PriceWaterhouseCoopers LLP, Clifford Lede, David Lede, Ledcor, Inc. and James Byrd
Petitioner: Performance Capital LLC, Ronald E. Cuneo, David A. Nelson, Robin E. Nelson and Santerre, Inc.
Consolidated Plaintiff: Performance Capital Management, Inc., Ranville Luck, David Schwartz, Lo Monika Wilkie, Joshua Johnson, Vivek Dixit, Ryan Bechard, Edward D. Berger, James C. Graham, Sandra J. Graham, Jeff Anderson and Jeff Bernstein
Consolidated Defendant: Jimmy D. Byrd, Ron Stevenson and Steve Baker
Lead Plaintiff: Albert M. Pruss and Casper 1 Mgmt Inc.
Case Number: 1:2002cv04837
Filed: June 21, 2002
Court: US District Court for the Southern District of New York
Presiding Judge: Miriam Goldman Cedarbaum
Nature of Suit: Securities/Commodities
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 10, 2008. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2008 Opinion or Order Filing 101 ORDER RE: DISTRIBUTION OF CLASS SETTLEMENT FUND, that the administrative determinations of the Claims Administrator accepting the claims as indicated on the list of accepted claims submitted with and described in the Affidavit of Jennifer M. Keough, including claims submitted after 6/8/06 through and including 5/2/08, be and the same hereby are approved, and said claims are hereby accepted, and as further set forth in this document. The Claims Adminsitrator's fees and expenses for its services in the amount of $619,953.87 shall be payable from the Settlement Fund. (Signed by Judge Miriam Goldman Cedarbaum on 7/9/08) (cd)
May 12, 2008 Filing 100 MOTION for Distribution of Class Settlement Fund. Document filed by Lead Plaintiff's Albert M. Pruss and Casper 1 Mgmt Inc.(db)
May 12, 2008 Filing 99 AFFIDAVIT of Jennifer M. Keough re: 93 MOTION for Attorney Fees. Document filed by 360Networks Securities Litigation. (db)
October 13, 2006 Filing 98 LETTER addressed to Judge Cedarbaum from Samuel Kadet dated 5/16/06: that the settlement be approved. Document filed by Vanessa Wittman, Larry Olsen, Gregory B. Maffei et al.(cd, )
October 13, 2006 Opinion or Order Filing 97 ORDER granting 93 Motion for Attorney Fees, denying Lead Plaintiffs 96 Motion for Conference. Class counsel Scott & Scott, LLP are awarded a total of $1,205,662.30 from the settlement fund; and the firm of Shalov, Stone & Bonner, LLP are awarded a total of $33,808.84 from the settlement fund as further set forth in said Order. (Signed by Judge Miriam Goldman Cedarbaum on 10/11/06) Copies Mailed by Chambers.(db, )
August 3, 2006 Filing 96 MOTION for Conference re fees and expenses, filed by lead plaintiffs..
June 5, 2006 Filing 95 AFFIRMATION of Ralph M. Stone in Support re: 93 MOTION for Attorney Fees. (jco, )
June 5, 2006 Filing 94 MEMORANDUM OF LAW in Support re: 93 MOTION for Attorney Fees and Reimbursement of Expenses. (jco, )
June 5, 2006 Filing 93 MOTION for Attorney Fees and Reimbursement of Expenses. (jco, )
May 18, 2006 Opinion or Order Filing 92 ORDER AND FINAL JUDGMENT re: settlement. (Signed by Judge Miriam Goldman Cedarbaum on 05/18/06) (jf,) (Signed by Judge Miriam Goldman Cedarbaum on 5/18/06) (jf, )
May 18, 2006 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Ralph Stone to MANUALLY RE-FILE Document Motion for Attorney Fees #85, Memorandum of Law #86, Affrimation of Ralph Stone #87. This case is not ECF. (gf, )
May 16, 2006 Filing 91 DECLARATION of David R. Scott in Support of Proposed Class Action Settlement and Application for Aan Award of Attorneys' Fees and Reimbursement of Expenses. Document filed by Albert M. Pruss, Casper 1 Mgmt Inc., Performance Capital Management, Inc., Ranville Luck, Nettie Kokura, David Schwartz, Lo Monika Wilkie, Joshua Johnson, Vivek Dixit, Ryan Bechard, Edward D. Berger, James C. Graham, Sandra J. Graham, Jeff Anderson, Jeff Bernstein. (djc, )
May 16, 2006 Filing 90 MEMORANDUM OF LAW in Support re: #85 MOTION for Attorney Fees.... Document filed by Albert M. Pruss, Casper 1 Mgmt Inc., Performance Capital Management, Inc., Ranville Luck, Nettie Kokura, David Schwartz, Lo Monika Wilkie, Joshua Johnson, Vivek Dixit, Ryan Bechard, Edward D. Berger, James C. Graham, Sandra J. Graham, Jeff Anderson, Jeff Bernstein. (djc, )
May 16, 2006 Filing 89 Compendium of Unreported Authorities Cited in Plaintffs' Memorandum of Law in Support of (1)Plaintiffs' counsel's Motion for an Award of Attorneys' Fees and Reimbursement of Expenses and (2)Lead Plaintiffs' Motion for an Award for its Reasonable Costs and Expenses. (document filed by Lead Counel for Plaintiffs) (djc, )
May 16, 2006 Filing 88 MEMORANDUM OF LAW in Support of Final Approval of the Proposed Settlement and Plan of Allocation. Document filed by Albert M. Pruss, Casper 1 Mgmt Inc., Performance Capital Management, Inc., Ranville Luck, Nettie Kokura, David Schwartz, Lo Monika Wilkie, Joshua Johnson, Vivek Dixit, Ryan Bechard, Edward D. Berger, James C. Graham, Sandra J. Graham, Jeff Anderson, Jeff Bernstein. (djc, )
May 16, 2006 Filing 87 FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - AFFIRMATION of Ralph M. Stone in Support re: #85 MOTION for Attorney Fees.. Document filed by Nettie Kokura. (Attachments: #1 Exhibit A, 9/10/02 Stone Affirmation#2 Exhibit B, Professional Fees#3 Exhibit C, Expenses#4 Exhibit D, Litigation Account Statement#5 Exhibit E, Shalov Stone & Bonner Firm Resume)Filed In Associated Cases: 1:02-cv-04837-MGC,1:02-cv-05102-MGC,1:02-cv-05460-MGC,1:02-cv-05640-MGC,1:02-cv-06503-MGC, 1:02-cv-06627-MGC,1:02-cv-06663-MGC(Stone, Ralph) Modified on 5/18/2006 (gf, ).
May 16, 2006 Filing 86 FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - MEMORANDUM OF LAW in Support re: #85 MOTION for Attorney Fees.. Document filed by Nettie Kokura. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-04837-MGC,1:02-cv-05102-MGC,1:02-cv-05460-MGC,1:02-cv-05640-MGC,1:02-cv-06503-MGC, 1:02-cv-06627-MGC,1:02-cv-06663-MGC(Stone, Ralph) Modified on 5/18/2006 (gf, ).
May 16, 2006 Filing 85 FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - MOTION for Attorney Fees. Document filed by Nettie Kokura. Filed In Associated Cases: 1:02-cv-04837-MGC,1:02-cv-05102-MGC,1:02-cv-05460-MGC,1:02-cv-05640-MGC,1:02-cv-06503-MGC, 1:02-cv-06627-MGC,1:02-cv-06663-MGC(Stone, Ralph) Modified on 5/18/2006 (gf, ).
May 11, 2006 Filing 84 DECLARATION of Jennifer Keough re Garden City Group responsible for disseminating the Notice of Pendency of Class Action. (cd, )
February 17, 2006 Opinion or Order Filing 83 ORDER: for Notice and Hearing in Connection with Settlement Proceedings set for 5/18/06 at 10:00 a.m. in Courtroom 14A, 500 Pearl Street before Judge Miriam G. Cedarbaum. Lead Counsel may retain a Claims Administrator and may pay from the Settlement Fund, without further Order from the Court, the reasonable out of pocket costs and expenses up to the sum of $150,000.00 as further set forth in said Order. (Signed by Judge Miriam Goldman Cedarbaum on 2/15/06) (db, )
January 17, 2006 Filing 82 MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Under Seal.(jco, )
January 17, 2006 Filing 81 PLAINTIFFS' NOTICE of Unopposed Motion for Leave to File Under Seal. (jco, )
January 17, 2006 Filing 80 MEMORANDUM OF LAW in Support re: 79 MOTION for preliminary approval of proposed settlement. (jco, )
January 17, 2006 Filing 79 MOTION for preliminary approval of proposed settlement. Document filed by Albert M. Pruss, Casper 1 Mgmt Inc., Performance Capital Management, Inc., Ranville Luck, Nettie Kokura, Ron Stevenson, David Schwartz, Lo Monika Wilkie, Joshua Johnson, Vivek Dixit, Ryan Bechard, Edward D. Berger, James C. Graham, Sandra J. Graham, Jeff Anderson, Jeff Bernstein. Return Date set for 2/9/2006 09:30 AM. (jco, )
December 27, 2004 Filing 78 LETTER addressed to Judge Miriam Goldman Cedarbaum from Mr. David R. Scott dated 12/22/04 re: All parties have reached an agreement in principle to settle this action. (ps, )
December 23, 2004 Opinion or Order ORDER withdrawing 74 Motion to Dismiss . (Signed by Judge Miriam Goldman Cedarbaum on 12/23/2004) Filed In Associated Cases: 1:02-cv-04837-MGC,1:02-cv-05102-MGC,1:02-cv-05460-MGC,1:02-cv-05640-MGC,1:02-cv-06503-MGC, 1:02-cv-06627-MGC,1:02-cv-06663-MGC(jp, )
December 23, 2004 Opinion or Order ORDER withdrawing 73 Motion to Dismiss . (Signed by Judge Miriam Goldman Cedarbaum on 12/23/2004) Filed In Associated Cases: 1:02-cv-04837-MGC,1:02-cv-05102-MGC,1:02-cv-05460-MGC,1:02-cv-05640-MGC,1:02-cv-06503-MGC, 1:02-cv-06627-MGC,1:02-cv-06663-MGC(jp, )
December 20, 2004 Filing 77 ENDORSED LETTER addressed to Judge Cedarbaum from David Scott dated 12/15/04: granting request for a six day extension to 12/23/04 for lead plntfs to serve and file their opposition briefs to defts' motions to dismiss and defts are given until 1/27/05 to respond. Oral argument is set for 2/3/05 at 9:30 am. (Signed by Judge Miriam Goldman Cedarbaum on 12/16/04) (cd, )
November 1, 2004 Filing 72 NOTICE of CHANGE IN FIRM NAME AND ADDRESS of Rabin, Murray & Frank LLP to Murray, Frank & Sailer LLP. Document filed by Casper 1 Mgmt Inc.. (pl, )
October 29, 2004 Filing 76 MEMORANDUM OF LAW in Support re: 74 MOTION to Dismiss the Third Amended Consolidated Complaint. Document filed by Steve Baker, James Byrd, Jimmy D. Byrd, Gregory B. Maffei, Larry Olsen, Ron Stevenson, Vanessa Wittman. Filed In Associated Cases: 1:02-cv-04837-MGC,1:02-cv-05102-MGC,1:02-cv-05460-MGC,1:02-cv-05640-MGC,1:02-cv-06503-MGC, 1:02-cv-06627-MGC,1:02-cv-06663-MGC(ps, )
October 29, 2004 Filing 75 MEMORANDUM OF LAW in Support re: 73 MOTION to Dismiss. Document filed by Clifford Lede, David Lede, Ledcor. Filed In Associated Cases: 1:02-cv-04837-MGC,1:02-cv-05102-MGC,1:02-cv-05460-MGC,1:02-cv-05640-MGC,1:02-cv-06503-MGC, 1:02-cv-06627-MGC,1:02-cv-06663-MGC(ps, )
October 29, 2004 Filing 74 MOTION to Dismiss the Third Party Amended Consolidated Complaint. Document filed by Steve Baker, James Byrd, Jimmy D. Byrd, Gregory B. Maffei, Larry Olsen, Ron Stevenson, Vanessa Wittman. Return Date set for 2/3/2005 09:30 AM. (ps, )
October 29, 2004 Filing 73 MOTION to Dismiss with prejudice as time-barred by the statute of limitations, for failure to state a claim and for failure to plead fraud with the particularity required by the Private Securities Litigation Reform Act of 1995. . Return Date set for 2/3/2005 09:30 AM. (ps, )
October 19, 2004 Opinion or Order Filing 71 STIPULATION AND ORDER; Motions to dismiss the third amended complaint due by 10/29/2004. Responses due by 12/17/2004 Replies due by 1/21/2005. Said motions are returnable 2/3/2005 at 9:30 a.m. (Signed by Judge Miriam Goldman Cedarbaum on 10/18/2004) Filed In Associated Cases: 1:02-cv-04837-MGC,1:02-cv-05102-MGC,1:02-cv-05460-MGC,1:02-cv-05640-MGC,1:02-cv-06503-MGC, 1:02-cv-06627-MGC,1:02-cv-06663-MGC(jp, )
September 10, 2004 Filing 70 AMENDED CONSOLIDATED COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS amending 1 Complaint against Steve Baker, James Byrd, Jimmy D. Byrd, Gregory B. Maffei, Larry Olsen, PriceWaterhouseCoopers LLP, Andrew Rush, Ron Stevenson, Gene Sykes, Vanessa Wittman.Document filed by Casper 1 Mgmt Inc., Albert M. Pruss. Received in night deposit box on 9/10/04 at 11:51 p.m. Related document: 1 Complaint.(db, )
September 2, 2004 Filing 69 TRANSCRIPT of proceedings held on 7/28/04 before Judge Miriam Goldman Cedarbaum.(dfe, )
August 10, 2004 Filing 68 TRANSCRIPT of proceedings held on 7/28/04 before Judge Miriam Goldman Cedarbaum.(dfe, )
July 6, 2004 Filing 67 NOTICE of Change of Address by Scott E. Poynter, John G. Emerson Jr. on behalf of Vivek Dixit, Nettie Kokura. New Address: Emerson Poynter LLP, 2228 Cottondale Lane, Suite 100, Little Rock, Arkansas, 72202-2037, 501-907-2555. (jmi, )
June 22, 2004 Opinion or Order Filing 66 ORDER granting 59 Motion for Edmund W. Searby to Appear Pro Hac Vice . (Signed by Judge Miriam Goldman Cedarbaum on 6/21/04) "Copies Mailed By Chambers".(jco, )
June 22, 2004 Transmission to Attorney Admissions Clerk. Transmitted re: 66 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, )
June 3, 2004 Filing 65 AFFIDAVIT OF SERVICE of Waiver of Service of Summons served on Clifford Lede on 4/15/04. Service was made by Mail. Document filed by Jeff Anderson, Ryan Bechard, Edward D. Berger, Jeff Bernstein, Casper 1 Mgmt Inc., Vivek Dixit, James C. Graham, Sandra J. Graham, Joshua Johnson, Nettie Kokura, Ranville Luck, Performance Capital Management, Inc., Albert M. Pruss, David Schwartz, Lo Monika Wilkie. (tp, )
June 3, 2004 Filing 64 AFFIDAVIT OF SERVICE of Summons and Complaint. David Lede served pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Service was made by in-hand delivery. Document filed by Jeff Anderson, Ryan Bechard, Edward D. Berger, Jeff Bernstein, Casper 1 Mgmt Inc., Vivek Dixit, James C. Graham, Sandra J. Graham, Joshua Johnson, Nettie Kokura, Ranville Luck, Performance Capital Management, Inc., Albert M. Pruss, David Schwartz, Lo Monika Wilkie. (tp, )
June 3, 2004 Filing 63 AFFIDAVIT OF SERVICE of Summons and Complaint. Stephen Stow served pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Service was made by in-hand delivery. Document filed by Jeff Anderson, Ryan Bechard, Edward D. Berger, Jeff Bernstein, Casper 1 Mgmt Inc., Vivek Dixit, James C. Graham, Sandra J. Graham, Joshua Johnson, Nettie Kokura, Ranville Luck, Performance Capital Management, Inc., Albert M. Pruss, David Schwartz, Lo Monika Wilkie. (tp, )
May 14, 2004 Opinion or Order Filing 62 STIPULATION AND ORDER;that dft. Stephen Stow shall answer, move or otherwise respond to the Second Amended Complaint within 20 days after entry of the Court decision on the pending issue of subject matter jurisdiction; provided, however, that in no event shall dft. Stow?s answer or motion be due before 6/7/04. (Signed by Judge Miriam Goldman Cedarbaum on 5/13/04) Copies mailed by chambers.(pl, )
May 14, 2004 Opinion or Order Filing 61 STIPULATION AND ORDER: Lede Defendants shall respond to the amended complaint within twenty days after the Court's ruling on the issue of subject matter jurisdiction over the claims of lead plaintiffs; provided, however, that in no event shall the Lede Defendants' answer or motion be due before 6/7/04. (Signed by Judge Miriam Goldman Cedarbaum on 5/14/04) Copies Given to Counsel By Chambers.(kw, )
March 11, 2004 Filing 59 MOTION for Edmund W. Searby for an order for Edwund W. Searby to Appear Pro Hac Vice on behalf of plaintiffs; w/ attch. Affirmation in support. Document filed by Jeff Anderson, Ryan Bechard, Edward D. Berger, Jeff Bernstein, James C. Graham, Sandra J. Graham, Joshua Johnson, Nettie Kokura, Ranville Luck, Performance Capital Management, Inc., Albert M. Pruss, David Schwartz, Lo Monika Wilkie. (pl, )
March 1, 2004 Filing 60 PLAINTIFFS' REPLY MEMORANDUM OF LAW in Futher Support of this Court's subject matter jurisdiction over the claims of Lead Plaintiffs and those of all foreign purchasers on the Toronto Stock Exchange. Received in the night deposit box on 3/1/04 at 11:01 P.M. (sac, )
February 23, 2004 Filing 58 NOTICE of Appearance, that lead plntfs Albert Pruss and Capital 1 Management have retained Professor Arthur R. Miller for the limited purpose of presenting oral argument by Albert Pruss and Captial 1 Management, Inc. (cd, )
February 23, 2004 Filing 57 MEMORANDUM OF LAW in response to the courts inquiry concerning the adequacy of lead pltffs Albert M. Pruss and Casper 1 Management, Inc. (NDB). Document filed by Steve Baker, Jimmy D. Byrd, Gregory B. Maffei, Larry Olsen, Ron Stevenson, Vanessa Wittman. (pa, )
February 19, 2004 Filing 56 ENDORSED LETTER addressed to Judge Cedarbaum from William Clarke dated 2/17/2004 re: granting counsels request for an extension of time, until 2/23/2004, to file a memorandum concerning pending lead pltff issues. (Signed by Judge Miriam Goldman Cedarbaum on 2/17/2004) Associated Cases: 1:02-cv-04837-MGC,1:02-cv-05102-MGC,1:02-cv-05460-MGC,1:02-cv-05640-MGC,1:02-cv-06503-MGC, 1:02-cv-06627-MGC,1:02-cv-06663-MGC(jp, )
February 5, 2004 Filing 55 MEMORANDUM OF LAW in Support of this Court's subject matter jurisdiction over the claims of lead plaintiffs and those of all foreign purchasers on the Toronto Stock Exchange. Document filed by Casper 1 Mgmt Inc., Albert M. Pruss. Received in night deposit box on 2/5/04 at 11:46 p.m. (yv, )
February 3, 2004 Filing 54 ENDORSED LETTER addressed to Judge Cedarbaum from David R. Scott dated 1/29/04 re: request for an extension to 2/5/04 for lead plaintiffs to serve and file the briefing and a corresponding extension until 2/19/04 for defendants to respond to lead plaintiffs' opening brief. Application granted. (Signed by Judge Miriam Goldman Cedarbaum on 2/3/04) Associated Cases: 1:02-cv-04837-MGC,1:02-cv-05102-MGC,1:02-cv-05460-MGC,1:02-cv-05640-MGC,1:02-cv-06503-MGC, 1:02-cv-06627-MGC,1:02-cv-06663-MGC Copies mailed by Chambers.(yv, )
January 13, 2004 Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum : Telephone Conference held on 1/13/2004. (ph, )
November 11, 2003 Filing 53 SECOND AMENDED CONSOLIDATED COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS amending 1 Complaint against all defendants. Document filed by Lead Counsel for Plaintiffs . JURY TRIAL DEMANDED. Related document: 1 Complaint. )(Received in the night deposit on 11/11/03 at 1:06 p.m.)(ae, ).
November 10, 2003 Filing 52 Memo-Endorsement on letter addressed to Judge Cedarbaum from David Scott, dated 11/7/03, reset amended pleadings (Second Amended Complaint) due 11/10/03 ( signed by Judge Miriam Goldman Cedarbaum ); copies sent by Chambers (cd)
November 5, 2003 Filing 51 Transcript of record of proceedings before Judge Miriam Goldman Cedarbaum for the date(s) of 9/18/03. (df)
September 19, 2003 Filing 50 Memo endorsed on motion;, for David R. Scott to appear pro hac vice on behalf of plaintiffs. No co-coounsel or local counsel has been appointed ; ( signed by Judge Miriam Goldman Cedarbaum ); (docmt forwarded to atty admissions clk); Copies mailed by Chambers; (djc)
September 19, 2003 Opinion or Order Memo endorsed on motion; granting [40-1] motion for an order pursuant to Rules 12(b)(1), 12(b)(6) and 9(b) of the FRCP and Section 21D of the Securities Exchange Act of 1934, 15 USC 78u-4, dismissing plaintiffs' consolidated amended complaint with prejudice. Motion granted. Plaintiff given leave to file an amended complaint by 11/7/03. For oral opinion, see record of proceedings. So Ordered. ( signed by Judge Miriam Goldman Cedarbaum ); (jco)
August 13, 2003 Filing 49 REPLY MEMORANDUM by Vanessa Wittman, Larry Olsen, Gregory B. Maffei, James Byrd, Ron Stevenson, Steve Baker in support of [40-1] motion for an order pursuant to Rules 12(b)(1), 12(b)(6) and 9(b) of the FRCP and Section 21D of the Securities Exchange Act of 1934, 15 USC 78u-4, dismissing plaintiffs' consolidated amended complaint with prejudice. (jco)
August 5, 2003 Filing 48 NOTICE of CHANGE of FIRM NAME and ADDRESS. The Emerson Firm has changed its name to Emerson Poynter LLP and its address is now P.O. Box 164810, Little Rock, AR 72216-4810. Telephone: (501) 907-2555. Fax: (501) 907-2556. (sb)
July 23, 2003 Filing 47 Memo-Endorsement on letter addressed to Judge Cedarbaum from Samuel Kadet, dated 7/21/03, granting defts request for leave to file Reply Memo, not to exceed 20 pages ( signed by Judge Miriam Goldman Cedarbaum ); (cd)
July 15, 2003 Filing 46 DECLARATION of Kirk E. Chapman by Albert M. Pruss, Casper 1 Mgmt Inc. in opposition Re: [40-1] motion for an order pursuant to Rules 12(b)(1), 12(b)(6) and 9(b) of the FRCP and Section 21D of the Securities Exchange Act of 1934, 15 USC 78u-4, dismissing plaintiffs' consolidated amended complaint with prejudice . (dle)
July 15, 2003 Filing 45 CORRECTED MEMORANDUM OF LAW by Albert M. Pruss, Casper 1 Mgmt Inc. in opposition to [40-1] motion for an order pursuant to Rules 12(b)(1), 12(b)(6) and 9(b) of the FRCP and Section 21D of the Securities Exchange Act of 1934, 15 USC 78u-4, dismissing plaintiffs' consolidated amended complaint with prejudice . (dle)
July 14, 2003 Filing 44 DECLARATION of Kirk E. Chapman by Nettie Kokura, Albert M. Pruss, Casper 1 Mgmt Inc., Performance Capital, Ranville Luck, David Schwartz, Lo Monika Wilkie, Joshua Johnson, Vivek Dixit, Ryan Bechard, Edward D. Berger, James C. Graham, Sandra J. Graham, Jeff Anderson, Jeff Bernstein in support of plaintiffs' opposition to defendants' [40-1] motion for an order pursuant to Rules 12(b)(1), 12(b)(6) and 9(b) of the FRCP and Section 21D of the Securities Exchange Act of 1934, 15 USC 78u-4, dismissing plaintiffs' consolidated amended complaint with prejudice. (Received in the Court's night deposit box on, 7/14/03 at 11:56 p.m.) (tp)
July 14, 2003 Filing 43 MEMORANDUM OF LAW by Nettie Kokura, Albert M. Pruss, Casper 1 Mgmt Inc., Performance Capital, Ranville Luck, David Schwartz, Lo Monika Wilkie, Joshua Johnson, Vivek Dixit, Ryan Bechard, Edward D. Berger, James C. Graham, Sandra J. Graham, Jeff Anderson, Jeff Bernstein in opposition to [40-1] motion for an order pursuant to Rules 12(b)(1), 12(b)(6) and 9(b) of the FRCP and Section 21D of the Securities Exchange Act of 1934, 15 USC 78u-4, dismissing plaintiffs' consolidated amended complaint with prejudice. (Received in the Court's night deposit box, on 7/14/03 at 11:56 p.m.) (tp)
May 30, 2003 Opinion or Order Filing 42 STIPULATION and ORDER, that defendants intend to file a motion to dismiss the consolidated amended complaint. Within 45 days of service of defendants' motion to dismiss the consolidated amended complaint, plaintiffs shall file and serve any opposition thereto. Within 30 days of service of plaintiffs' opposition papers, defendants shall file and serve any reply thereto. The motion will be returnable on Thursday 9/18/03 at 9:30 a.m. or on such other date selected by the Court . ( signed by Judge Miriam Goldman Cedarbaum ); Copies mailed by Chambers. (tp)
May 30, 2003 Filing 41 MEMORANDUM OF LAW by Vanessa Wittman, Larry Olsen, Gregory B. Maffei, James Byrd, Ron Stevenson, Steve Baker in support of [40-1] motion for an order pursuant to Rules 12(b)(1), 12(b)(6) and 9(b) of the FRCP and Section 21D of the Securities Exchange Act of 1934, 15 USC 78u-4, dismissing plaintiffs' consolidated amended complaint with prejudice. Received in night dposit on 5/30/03 at 5:17 p.m. (moc)
May 30, 2003 Filing 40 NOTICE OF MOTION by Vanessa Wittman, Larry Olsen, Gregory B. Maffei, James Byrd, Ron Stevenson, Steve Baker for an order pursuant to Rules 12(b)(1), 12(b)(6) and 9(b) of the FRCP and Section 21D of the Securities Exchange Act of 1934, 15 USC 78u-4, dismissing plaintiffs' consolidated amended complaint with prejudice . Declaration of William F. Clarke, Jr. in support attached. Return Date 8/20/03 at 9:30. Received in night deposit on 5/30/03 at 5:17 p.m. (moc)
May 27, 2003 Filing 39 Memo-Endorsement on letter addressed to Judge Cedarbaum from Samuel Kadet, dated 05/21/03; counsel to defendants are granted permisission to file a memorandum of law, not to exceed thirty-five pages in support of their motion to dismiss ; ( signed by Judge Miriam Goldman Cedarbaum ); copies mailed by Chambers. (djc)
April 10, 2003 Filing 38 MEMORANDUM OF LAW by Albert M. Pruss, Casper 1 Mgmt Inc. in further support of [36-1] motion for an Order granting an extension of time of 45 days from the date this Court enters the movants' Proposed Order Appointing Lead Plaintiff and Approving Selection of Lead Counsel, to file and serve a consolidated and amended complaint. Received in the night deposit box on 4/10/03 at 9:04 p.m. (sb)
April 7, 2003 Opinion or Order Memo endorsed on motion; granting [36-1] motion for an Order granting an extension of time of 45 days from the date this Court enters the movants' Proposed Order Appointing Lead Plaintiff and Approving Selection of Lead Counsel, to file and serve a consolidated and amended complaint; Amended consolidated complaint to be filed and served by 4/11/03 . ( signed by Judge Miriam Goldman Cedarbaum ); Copies forwarded by chambers. (kw)
April 3, 2003 Filing 37 MEMORANDUM OF LAW by Vanessa Wittman, Gene Sykes, Andrew Rush, Larry Olsen, Gregory B. Maffei, James Byrd, Ron Stevenson, Steve Baker in opposition to Re: Lead Plaintiffs motion for an extension of time to file the Consolidated Amended Complaint. (pl)
March 24, 2003 Filing 36 NOTICE OF MOTION by Albert M. Pruss, Casper 1 Mgmt Inc. for an Order granting an extension of time of 45 days from the date this Court enters the movants' Proposed Order Appointing Lead Plaintiff and Approving Selection of Lead Counsel, to file and serve a consolidated and amended complaint . Return Date not indicated. Proposed Order attached. Received in night deposit box on 3/24/03 at 8:16 p.m. (yv)
March 18, 2003 Filing 35 NOTICE of Filing of (Proposed) Order Appointing Lead Plaintiff and Approving Selection of Lead Counsel (cd)
February 13, 2003 Filing 33 Letter filed addressed to Judge Cedarbaum from Ralph M. Stone, dated 08/26/03, re: submission of corrected notice of motion (not attached); (djc)
February 13, 2003 Filing 32 Letter filed by counsel to individual defendants, addressed to Judge Cedarbaum from Samuel Kadet, dated 10/11/02; (djc)
February 13, 2003 Opinion or Order Memo endorsed on motion, doc. #12; notice of motion of Performance Capital Corp., Albert M. Pruss, Casper 1 Management Inc. and Ronald E. Cuneo for consolidation, appointment as Lead Pltff; and approval of selection of Lead Counsel is granted in part and denied in part. See Orders dated 10/10/02 & 2/11/03. ( signed by Judge Miriam Goldman Cedarbaum ); Copy mailed by Chamber on 2/13/03. (sac)
February 13, 2003 Opinion or Order Filing 31 ORDER, Judge Cedarbaum appoints Casper 1 and Albert M. Pruss lead plaintiffs for the class. The class will be represented by one law firm chosen by the lead plaintiffs. ( signed by Judge Miriam Goldman Cedarbaum ); Copies mailed by Chambers. (sb)
February 13, 2003 Opinion or Order Memo endorsed on motion; granting in part, denying in part [4-1] motion for an Order purs. to Section 21D of the Securities Exchange Act of 1934 to consolidate for all purposes case nos. 02cv4837, 02cv5102, 02cv5460, 02cv5640, 02cv6503, filed on behalf of purchasers of the securities of 360 networks between 11/8/00 and 6/28/01, granting in part, denying in part [4-2] motion for an Order to appoint movant David A. Nelson, and movant Robin E. Nelson to serve as lead plaintiff(s), granting in part, denying in part [4-3] motion for an Order to approve Schiffrin & Barroway, LLP, as Lead Counsel and to approve Berstein Liebhard & Lifshitz, LLP, as liaison counsel. See orders dated 10/10/02 and 2/11/03. ( signed by Judge Miriam Goldman Cedarbaum ); Copies forwarded by Chambers. (kw) Modified on 02/18/2003
February 13, 2003 Opinion or Order Memo endorsed on motion; granting in part, denying in part [7-1] motion for an Order consolidating case nos. 02cv4837, 02cv5102, 02cv5460, 02cv6503 and related actions purs. to Rule 42, FRCP, granting in part, denying in part [7-2] motion for an Order purs. to 15 USC 78u-4(a)(3)(B), appointing movant Santerre, Inc. to serve as lead plaintiff(s), granting in part, denying in part [7-3] motion for an Order approving of its selection of Shalov Stone & Bonner LLP as Lead Counsel for Plaintiffs. See orders dated 10/10/02 and 2/11/03. ( signed by Judge Miriam Goldman Cedarbaum ); Copies forwarded by Chambers. (kw)
February 6, 2003 Filing 34 SUPPLEMENTAL DECLARATION of Michael J. Pruss by Casper 1 Mgmt Inc. in response to questions posed by the court. (pl)
January 24, 2003 Filing 30 DECLARATION of Michael J. Pruss by Casper 1 Mgmt Inc. filed. (tp)
January 24, 2003 Filing 29 AFFIDAVIT of James Wornast by Santerre, Inc. in support of [7-2] motion for an Order purs. to 15 USC 78u-4(a)(3)(B), appointing movant Santerre, Inc. to serve as lead plaintiff(s). (tp)
January 7, 2003 Opinion or Order Filing 28 ORDER, Counsel for Santerre, Inc. and Casper 1 Management, Inc. are directed to submit by 1/24/03 the affidavits of persons with knowledge of the facts describing with precision the business of each of these companies. ( signed by Judge Miriam Goldman Cedarbaum ); Copies mailed by Chambers. (sb)
December 27, 2002 Filing 27 NOTICE of CHANGE OF ADDRESS by plaintiffs for The Emerson Firm: P.O. Box 164810, Little Rock, Arkansas 72216-4810. (pl)
December 9, 2002 Filing 26 Transcript of record of proceedings before Judge Miriam Goldman Cedarbaum for the date(s) of 10/4/02. (ja)
October 11, 2002 Filing 25 SUPPLEMENTAL MEMORANDUM OF LAW by Performance Capital, Albert M. Pruss, Casper 1 Mgmt Inc., Ronald E. Cuneo filed purs to the Court's Directive. (docmt received in night dep. at 5:50 p.m.) (djc)
October 11, 2002 Filing 24 SUPPLEMENTAL MEMORANDUM OF LAW by Santerre, Inc. in support of [7-2] motion for an Order purs. to 15 USC 78u-4(a)(3)(B), appointing movant Santerre, Inc. to serve as lead plaintiff(s). (docmt received in night dep. at 10:08 p.m.) (djc)
October 10, 2002 Opinion or Order Filing 23 STIPULATION and ORDER, the cases 02 civ. 4837, 5102, 5460, 5640, 6503, 6627, and 6663 are consolidated for all purposes. Within 45 days following the date of the Court's entry of an order appointing a lead plaintiff(s), pursuant to the Private Securities Litigation Reform Act of 1995, 15 USC 78u-4(a)(3)(B), such plaintiff(s) shall file and serve a consolidated and amended complaint (the "Consolidated Amended Complaint"). Defendants shall answer, move or otherwise plead in response to the Consolidated Amended Complaint within 45 days following service thereof. The time for defendants to answer, move or otherwise plead in response to the complaints in each of the actions identified in paragraph 1 hereof is adjourned sine die . ( signed by Judge Miriam Goldman Cedarbaum ) (kw)
October 10, 2002 Consolidated Lead Case. (kw)
September 23, 2002 Opinion or Order Filing 21 ORDER; set oral argument for 10:00 a.m. on 10/4/02 in Courtroom 14A on motions to consolidate and appointing lead plaintiff ; Even counsel who have not submitted papers are directed to appear at that time and place ; (signed by Judge Miriam Goldman Cedarbaum ); (djc)
September 19, 2002 Filing 22 REPLY MEMORANDUM by Performance Capital, Albert M. Pruss, Casper 1 Mgmt Inc., Ronald E. Cuneo in support re: [12-1] motion for an order consolidating 02cv4857, 02cv5102, 02cv6663, [12-2] motion to appoint Performance Capital Corp, Albert M. Pruss, Casper 1 Mgmt Inc. and Ronald E. Cuneo as lead plaintiff pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, [12-3] motion approving the selection of Milberg Weiss Bershad Hynes & Lerach LLP and Scott & Scott LLC to serve as lead Counsel . (dle)
September 17, 2002 Filing 20 REPLY MEMORANDUM by Santerre, Inc. in support re: [7-1] motion for an Order consolidating case nos. 02cv4837, 02cv5102, 02cv5460, 02cv6503 and related actions purs. to Rule 42, FRCP, [7-2] motion for an Order purs. to 15 USC 78u-4(a)(3)(B), appointing movant Santerre, Inc. to serve as lead plaintiff(s), [7-3] motion for an Order approving of its selection of Shalov Stone & Bonner LLP as Lead Counsel for Plaintiffs. (sac)
September 12, 2002 Filing 15 MEMORANDUM OF LAW by Performance Capital, Albert M. Pruss, Casper 1 Mgmt Inc., Ronald E. Cuneo in support of [12-1] motion for an order consolidating 02cv4857, 02cv5102, 02cv6663, [12-2] motion to appoint Performance Capital Corp, Albert M. Pruss, Casper 1 Mgmt Inc. and Ronald E. Cuneo as lead plaintiff pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, [12-3] motion approving the selection of Milberg Weiss Bershad Hynes & Lerach LLP and Scott & Scott LLC to serve as lead Counsel and in opposition to the other motions. (moc)
September 11, 2002 Filing 19 AFFIRMATION of Ralph M. Stone by Santerre, Inc. in support of [18-1] opposition memorandum. (sac)
September 11, 2002 Filing 18 MEMORANDUM OF LAW by Santerre, Inc. in opposition to Motions For Appointment of Lead Pltffs submitted by: (1) The "Milberg Weiss" Group, and (2) David & Robin Nelson. (sac)
September 11, 2002 Filing 17 AFFIRMATION of Ralph M. Stone by Santerre, Inc. in support of [16-1] opposition memorandum. (sac)
September 11, 2002 Filing 16 MEMORANDUM OF LAW by Santerre, Inc. in opposition to Motions for Appointment of Lead Pltffs submitted by: (1) The "Milberg Weiss" Group, and (2) David and Robin Nelson. (sac)
August 23, 2002 Filing 14 DECLARATION of Andrei V. Rado by Performance Capital, Albert M. Pruss, Casper 1 Mgmt Inc., Ronald E. Cuneo in support Re: [12-1] motion for an order consolidating 02cv4857, 02cv5102, 02cv6663, [12-2] motion to appoint Performance Capital Corp, Albert M. Pruss, Casper 1 Mgmt Inc. and Ronald E. Cuneo as lead plaintiff pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, [12-3] motion approving the selection of Milberg Weiss Bershad Hynes & Lerach LLP and Scott & Scott LLC to serve as lead Counsel . (pl)
August 23, 2002 Filing 13 MEMORANDUM OF LAW by Performance Capital, Albert M. Pruss, Casper 1 Mgmt Inc., Ronald E. Cuneo in support of [12-1] motion for an order consolidating 02cv4857, 02cv5102, 02cv6663, [12-2] motion to appoint Performance Capital Corp, Albert M. Pruss, Casper 1 Mgmt Inc. and Ronald E. Cuneo as lead plaintiff pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, [12-3] motion approving the selection of Milberg Weiss Bershad Hynes & Lerach LLP and Scott & Scott LLC to serve as lead Counsel . (pl)
August 23, 2002 Filing 12 NOTICE OF MOTION by Performance Capital Corp., Albert M. Pruss, Casper 1 Mgmt Inc., and Ronald E. Cuneo; for an order consolidating 02cv4857, 02cv5102, 02cv6663 ; to appoint Performance Capital Corp, Albert M. Pruss, Casper 1 Mgmt Inc. and Ronald E. Cuneo as lead plaintiff pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995 ; approving the selection of Milberg Weiss Bershad Hynes & Lerach LLP and Scott & Scott LLC to serve as lead Counsel ; Return Date: not indicated (pl) Modified on 09/16/2002
August 23, 2002 Filing 9 AFFIRMATION of Ralph M. Stone by Santerre, Inc. in Support of [7-1] motion for an Order consolidating case nos. 02cv4837, 02cv5102, 02cv5460, 02cv6503 and related actions purs. to Rule 42, FRCP, [7-2] motion for an Order purs. to 15 USC 78u-4(a)(3)(B), appointing movant Santerre, Inc. to serve as lead plaintiff(s), [7-3] motion for an Order approving of its selection of Shalov Stone & Bonner LLP as Lead Counsel for Plaintiffs . (sb)
August 23, 2002 Filing 8 MEMORANDUM OF LAW by Santerre, Inc. in support of [7-1] motion for an Order consolidating case nos. 02cv4837, 02cv5102, 02cv5460, 02cv6503 and related actions purs. to Rule 42, FRCP, [7-2] motion for an Order purs. to 15 USC 78u-4(a)(3)(B), appointing movant Santerre, Inc. to serve as lead plaintiff(s), [7-3] motion for an Order approving of its selection of Shalov Stone & Bonner LLP as Lead Counsel for Plaintiffs . (sb)
August 23, 2002 Filing 7 NOTICE OF MOTION by Santerre, Inc. for an Order consolidating case nos. 02cv4837, 02cv5102, 02cv5460, 02cv6503 and related actions purs. to Rule 42, FRCP , and for an Order purs. to 15 USC 78u-4(a)(3)(B), appointing movant Santerre, Inc. to serve as lead plaintiff(s) , and for an Order approving of its selection of Shalov Stone & Bonner LLP as Lead Counsel for Plaintiffs . Return Date 9/19/02 at 9:30. Proposed Order attached. (sb)
August 23, 2002 Filing 6 AFFIDAVIT of Darren J. Check by David A. Nelson, Robin E. Nelson in support of [4-1] motion for an Order purs. to Section 21D of the Securities Exchange Act of 1934 to consolidate for all purposes case nos. 02cv4837, 02cv5102, 02cv5460, 02cv5640, 02cv6503, filed on behalf of purchasers of the securities of 360 networks between 11/8/00 and 6/28/01, [4-2] motion for an Order to appoint movant David A. Nelson, and movant Robin E. Nelson to serve as lead plaintiff(s), [4-3] motion for an Order to approve Schiffrin & Barroway, LLP, as Lead Counsel and to approve Berstein Liebhard & Lifshitz, LLP, as liaison counsel . (sb) Modified on 08/29/2002
August 23, 2002 Filing 5 MEMORANDUM OF LAW by David A. Nelson, Robin E. Nelson in support of [4-1] motion for an Order purs. to Section 21D of the Securities Exchange Act of 1934 to consolidate for all purposes case nos. 02cv4837, 02cv5102, 02cv5460, 02cv5640, 02cv6503, filed on behalf of purchasers of the securities of 360 networks between 11/8/00 and 6/28/01, [4-2] motion for an Order to appoint movant David A. Nelson, and movant Robin E. Nelson to serve as lead plaintiff(s), [4-3] motion for an Order to approve Schiffrin & Barroway, LLP, as Lead Counsel and to approve Berstein Liebhard & Lifshitz, LLP, as liaison counsel . (sb) Modified on 08/29/2002
August 23, 2002 Filing 4 NOTICE OF MOTION by David A. Nelson, Robin E. Nelson for an Order purs. to Section 21D of the Securities Exchange Act of 1934 to consolidate for all purposes case nos. 02cv4837, 02cv5102, 02cv5460, 02cv5640, 02cv6503, filed on behalf of purchasers of the securities of 360 networks between 11/8/00 and 6/28/01 , for an Order to appoint movant David A. Nelson, and movant Robin E. Nelson to serve as lead plaintiff(s) , for an Order to approve Schiffrin & Barroway, LLP, as Lead Counsel and to approve Berstein Liebhard & Lifshitz, LLP, as liaison counsel . No Return Date. Proposed Order attached. (sb) Modified on 08/29/2002
August 2, 2002 Opinion or Order Filing 3 STIPULATION and ORDER EXTENDING TIME to ANSWER, that the time for defendant PricewaterhouseCoopers LLP to answer, move, or otherwise respond to the complaint shall be extended to the earlier of (a) forty five (45) after appointment of lead plaintiff, or (b) forty five (45) days after receipt of written notice from plaintiff's counsel demanding that PwC respond to the Complaint . ( signed by Judge Miriam Goldman Cedarbaum ) (tp) Modified on 08/07/2002
July 19, 2002 Filing 2 RETURN OF SERVICE of summons and complaint executed as to Pricewaterhouse by Patrice Edmonds on 7/11/02 . Answer due on 7/31/02 for Pricewaterhouse . (dle)
June 21, 2002 Filing 1 CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 0443250. (dle)
June 21, 2002 Magistrate Judge Ronald L. Ellis is so designated. (dle)

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Search for this case: In Re: 360Networks Securiti, et al v. , et al
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Plaintiff: Nettie Kokura
Represented By: David R. Scott
Represented By: Ralph M. Stone
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Petitioner: Performance Capital LLC
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Petitioner: Ronald E. Cuneo
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Petitioner: David A. Nelson
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Petitioner: Robin E. Nelson
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Petitioner: Santerre, Inc.
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Defendant: Vanessa Wittman
Represented By: Samuel Kadet
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Defendant: Gene Sykes
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Defendant: Andrew Rush
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Defendant: Larry Olsen
Represented By: Samuel Kadet
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Defendant: Gregory B. Maffei
Represented By: Samuel Kadet
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Defendant: PriceWaterhouseCoopers LLP
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Defendant: Clifford Lede
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Defendant: David Lede
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Defendant: Ledcor, Inc.
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Defendant: James Byrd
Represented By: Samuel Kadet
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Consolidated plaintiff: Performance Capital Management, Inc.
Represented By: Samuel Howard Rudman
Represented By: David R. Scott
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Consolidated plaintiff: Ranville Luck
Represented By: David R. Scott
Represented By: Samuel Howard Rudman
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Consolidated plaintiff: David Schwartz
Represented By: David R. Scott
Represented By: Ralph M. Stone
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Consolidated plaintiff: Lo Monika Wilkie
Represented By: David R. Scott
Represented By: Ralph M. Stone
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Consolidated plaintiff: Joshua Johnson
Represented By: David R. Scott
Represented By: Ralph M. Stone
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Consolidated plaintiff: Vivek Dixit
Represented By: David R. Scott
Represented By: Ralph M. Stone
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Consolidated plaintiff: Ryan Bechard
Represented By: Ralph M. Stone
Represented By: David R. Scott
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Consolidated plaintiff: Edward D. Berger
Represented By: David R. Scott
Represented By: Gregory M. Egleston
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Consolidated plaintiff: James C. Graham
Represented By: David R. Scott
Represented By: Linda P. Nussbaum
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Consolidated plaintiff: Sandra J. Graham
Represented By: David R. Scott
Represented By: Linda P. Nussbaum
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Consolidated plaintiff: Jeff Anderson
Represented By: David R. Scott
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Consolidated plaintiff: Jeff Bernstein
Represented By: Samuel Howard Rudman
Represented By: David R. Scott
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Consolidated defendant: Jimmy D. Byrd
Represented By: Samuel Kadet
Represented By: David R. Scott
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Consolidated defendant: Ron Stevenson
Represented By: David R. Scott
Represented By: Samuel Kadet
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Consolidated defendant: Steve Baker
Represented By: David R. Scott
Represented By: Samuel Kadet
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Lead plaintiff: Albert M. Pruss
Represented By: David R. Scott
Represented By: Arthur L. Shingler, III
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Lead plaintiff: Casper 1 Mgmt Inc.
Represented By: David R. Scott
Represented By: Arthur L. Shingler, III
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