In re Vivendi Universal, S.A. Securities Litigation
| Rosenbaum Partners, L.P., Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, GAMCO Investors, Inc., Oppenheim Kapitalanlagegesellschaft mbH, Plaintiff KBC Asset Management N.V., Capitalia Asset Management SGR, S.p.A., Capitalia Investment Management S.A., Plaintiffs, Eurizon Capital SGR S.p.A., Baden-Wurttembergische Investmentgesellschaft mbH, Barclays Global Investors (Deutcshland), Cominvest Asset Management GMBH, Deutsche Asset Management Investmentgesellschaft mbH, DWS (Austria) Investmentgesellschaft mbH, DWS Investment GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Forsta AP-fonden, Fortis Investment Management SA, KBC Asset Management SA, Landesbank Berlin Investment GmbH, LBBW Luxemburg S.A., Oppenheim Asset Management Services S.a.r.l., Pioneer Investment Management Ltd., Pioneer Investment Management SGRPA, Pioneer Investments Austria GmbH, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., SEB Investment Management AB, Skandia Insurance Company Ltd., Union Asset Mangement Holding AG, Universal-Investment-Gesellschaft Mbh, SEB Investment GmbH, Andra Ap-Fonden, Bayern-Invest Kapitalanlagegesellschaft mbH, Deka Investment, Deka International (Ireland) Limited, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Fideuram Investimenti S.G.R., Fideuram Gestions S.A., Interfund Sica V, Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Helaba Invest Kapitalanlagegesellschaft MBH, HSBC Trinkaus & Burkhardt AG, Internationale Kapitalanlagegesellschaft mbH, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Metzler Ireland LTD, Nordcon Investment Management AG, Norges Bank, Swiss Life Holding AG, Swiss Life Investment Management Holding AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Asset Management (Nederland) B.V., Tredje Ap-Fonden, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, Pensionskassernes Adminstration A/S, Arbejdsmarkedets Tillaegspension, Industriens Pensionsforikring A/S, Arca SGR S.p.A., Ilmarinen Mutual Pension Insurance Company, Prima Societa' di Gestione del Risparmio S.p.A., Nordea Invest Fund Management A/S, Nordea Fonder AB, Nordea Investment Funds Company I.S.A., Nordea Fondene Norge AS, Nordea Fondbolag Finland AB, Swedbank Robur Fonder AB and Fjarde AP-Fonden |
| Vivendi Universal, Jean-Marie Messier, Guillaume Hannezo, Vivendi Universal S.A. and Gullaume Hannezo |
| Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach, StoneRidge Investment Partners LLC, A. Hartswell Woodson and Andrew Rittenbury |
| Pioneer Investments Austria, GmbH, Capital Invest and Capital Invest, Die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Grouppe GmbH |
| Prigest, S.A and Tocqueville Finance, S.A |
| Neil S. Cartusciello and Special Master |
| William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis, Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, W. Scott Polland, Jr., Nicholas A. Radosevich, Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Allianz Global Investors Kapitalanlagegesellschaft MBH, Allianz Global Investors Luxembourg S.A., Allianz Global Investors Ireland Limited, AGF Asset Management, S.A., PeterCam S.A./N.V., Pensions Management (SWF) Limited, CI Investments, Inc., Fortis Gesbeta SGIIC S.A., Gam Fund Management Limited, Scottish Widows PLC, Scottish Widows Unit Funds Limited, Lloyds TSB Group Pension Scheme No. 1, Lloyds TSB Group Pension Scheme No. 2, Lloyds TSB Asset Finance Division Pension Scheme, Lloyds TSB Offshore Funds Limited, Abbey Life Assurance Company Limited, Irish Life Investment Managers Limited, Eurizon Capital S.A., Caisse de Depot et Placement du Quebec, Allianz Global Investors France, S.A., WSV, Norges Bank and others, Monte Paschi Asset Management S.G.R. S.P.A, Barry Family, LP and Eleanor Turberg |
| Vivendi Universal, S.A., Universal Studios, Inc. and Vivendi, S.A. |
| Ernst & Young LLP |
| 1:2002cv05571 |
| July 18, 2002 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Henry B Pitman |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Defendant |
Docket Report
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This docket was last retrieved on October 29, 2019. A more recent docket listing may be available from PACER.
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Filing 1327
MEMO ENDORSEMENT on: #1326 NOTICE of Execution And Declaration of Arthur N. Abbey. ENDORSEMENT: Granted. The Clerk of Court is respectfully directed to terminate this action. (Signed by Judge Paul A. Engelmayer on 10/28/2019) (jwh)
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Terminate Transcript Deadlines (jwh)
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Filing 1326
NOTICE of Execution And Declaration of Arthur N. Abbey Affirming The Execution of The Court's Order Dated January 22, 2019 re: #1325 Order on Motion for Miscellaneous Relief,,. Document filed by Bruce Doniger. (Attachments: #1 Exhibit Order For Final Distribution And Termination Of The Action, #2 Exhibit Declaration of Stephanie Amin-Giwner)(Rodd, Stephen)
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Filing 1325
ORDER FOR FINAL DISTRIBUTION AN TERMINATION OF THE ACTION terminating #1323 Motion for Miscellaneous relief. IT IS HEREBY ORDERED that: 1. Lead Counsel shall direct the Claims Administrator to distribute the amount remaining in the Fund, pro rata, to those eligible Class Members who (a) have cashed checks sent to them in the initial distribution or received and retained initial distribution amounts by wire transfer and (b) will receive $3.00 or more in this final distribution; and as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 1/22/2019) (ks)
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Filing 1324
DECLARATION of Stephen T. Rodd in Support re: #1323 MOTION For and Memorandum of Law In Support of Final Distribution of Judgment and Settlement Funds to Eligible Class Members, Payment of Last Fees and Expenses to the Claims Administrator, Cy Pres Distribution of Any Remaining Funds, Release of the C. Document filed by Bruce Doniger. (Attachments: #1 Exhibit Declaration of Stephanie Amin-Giwner In Support of Motion For Second Distribution of Settlement Fund, #2 Exhibit Proposed Order For Final Distribution and Termination of the Action)(Rodd, Stephen)
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Filing 1323
MOTION For and Memorandum of Law In Support of Final Distribution of Judgment and Settlement Funds to Eligible Class Members, Payment of Last Fees and Expenses to the Claims Administrator, Cy Pres Distribution of Any Remaining Funds, Release of the Claims Administrator and Lead Counsel for the Class and Closing the Case In This Court for All Purposes . Document filed by Bruce Doniger.(Rodd, Stephen)
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Filing 1322
MANDATE of USCA (Certified Copy) as to #1302 Notice of Appeal filed by Vivendi, S.A., #1304 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard. USCA Case Number 16-2489(L), 16-2770 (Con). The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/07/2018. (nd)
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Filing 1321
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 05/09/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Jackson, Jasmine)
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Filing 1320
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/9/2017 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2017. Redacted Transcript Deadline set for 9/11/2017. Release of Transcript Restriction set for 11/8/2017.(Jackson, Jasmine)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #1319 Order on Motion to Expedite,, dated 6/12/2017, from Judge Judge Paul A. Engelmayer, on 6/16/2017 disbursed to pay Abbey Spanier LLP $78,046,445.38 Check No. 01067360 dated 6/16/2017 FedEx# 899617832350 (cla)
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Filing 1319
ORDER ON CONSENT granting #1318 Letter Motion to Expedite. IT IS HEREBY ORDERED that: The Clerk of the Court shall as soon as reasonably possible determine the final balance of funds in the Vivendi CRIS Account, and pay the entire balance, including interest earned or accrued as of the date of payment, payable as follows: Abbey Spanier LLP Escrow Account c/o Arthur N. Abbey, Esq., Abbey Spanier LLP, 212 East 39th Street, New York, New York 10016, (Tel:212 889-3700); and as further set forth herein. SO ORDERED this 12th day of June, 2017. (Signed by Judge Paul A. Engelmayer on 6/12/2017) ***Copies Emailed to Finance Department this Date. (anc)
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Filing 1318
LETTER MOTION to Expedite On Consent, re CRIS Fund Distribution addressed to Judge Paul A. Engelmayer from Stephen T. Rodd dated June 9, 2017. Document filed by Bruce Doniger. (Attachments: #1 Text of Proposed Order Proposed Order On Consent)(Rodd, Stephen)
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CASHIERS OFFICE CRIS DEPOSIT dated 5/9/17, from Judge Judge Paul A. Engelmayer, $22,808,086.71 deposited on 5/12/17, Receipt Number 17465400389 and placed into CRIS on 5/18/17. (dig)
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Terminate Transcript Deadlines re: #1119 , #1121 , #1132 , #1177 , #1184 , #1190 , #1192 , #1195 , #1209 , #1211 , #1218 , #1223 , #1239 , #1273 , #1277 . (anc)
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Filing 1317
FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT OF ALL REMAINING CLAIMS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: This Final Judgment incorporates and makes a part hereof: the Settlement filed with the Court on April 6, 2017. In accordance with Rule 23, Fed. R. Civ. P., this Court fully and finally approves the Settlement (including, without limitation, the releases provided for therein, as against the Released Parties (as defined in Paragraph 6 of the Settlement), and the dismissal with prejudice of claims against Vivendi and the Released Parties), and finds that the Settlement is, in all respects, fair, reasonable and adequate, and is in the best interests of the Reliance Claimants. The Parties are directed to implement, perform and consummate the Settlement in accordance with its terms. The motion for reimbursement of additional litigation and administration expenses is approved in the amount $104,462.06, and payment of such expenses shall be made to Plaintiffs' Lead Counsel from the CRIS account as expeditiously as possible after the Effective Date. (Signed by Judge Paul A. Engelmayer on 5/9/2017) (anc)
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Filing 1316
STIPULATION AND ORDER TERMINATING ACTION: IT IS STIPULATED by the Parties as follows: Vivendi shall pay or cause to be paid into the existing CRIS Account within two (2) business days of the Court entering the Reliance Claims Judgment (the "Deposit Date") an additional amount of approximately $22,850,000.00, which amount shall be calculated by subtracting the balance of the CRIS Account from $78,000,000.00. As soon as possible after this Stipulation has been so-ordered and the Effective Date, as defined below, has occurred: Vivendi shall withdraw with prejudice its remaining appeal in the Second Circuit, and shall not file a petition or shall withdraw any petition previously filed for a writ of certiorari to the U.S. Supreme Court; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/9/2017) (anc)
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Minute Entry for proceedings held before Judge Paul A. Engelmayer: Status Conference held on 5/9/2017. Michael Spencer, Stephen Rodd & Arthur Abbey present for Plaintiffs. Gregory Silbert & Miranda Schiller present for Defendants. Court reporter present. (ajs)
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Filing 1315
DECLARATION of Stephen J. Cirami in Support re: #1312 MOTION to Approve Of Settlement of Claims Of Reliance Claimants . MOTION For Reimbursement Of Additional Expenses .. Document filed by Bruce Doniger. (Rodd, Stephen)
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NOTICE of Hearing: Status Conference set for 5/9/2017 at 03:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference previously scheduled for 5/9/2017 at 5:00 PM is hereby rescheduled for 5/9/2017 at 03:00 PM. Notice entered by Courtroom Deputy A.J. Smallman.(ajs)
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Filing 1314
DECLARATION of Arthur N. Abbey in Support re: #1312 MOTION to Approve Of Settlement of Claims Of Reliance Claimants . MOTION For Reimbursement Of Additional Expenses .. Document filed by Bruce Doniger. (Attachments: #1 Exhibit Preliminary Approval, Notice And Hearing Order, #2 Exhibit Declaration of Stephen J. Cirami, #3 Exhibit Additional Expenses of Lead Counsel, #4 Exhibit Proposed Final Judgment Approving Class Action Settlement of All Remaining Claims, #5 Exhibit Stipulation and Proposed Order Terminating Action)(Rodd, Stephen)
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Filing 1313
MEMORANDUM OF LAW in Support re: #1312 MOTION to Approve Of Settlement of Claims Of Reliance Claimants . MOTION For Reimbursement Of Additional Expenses . . Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 1312
MOTION to Approve Of Settlement of Claims Of Reliance Claimants ., MOTION For Reimbursement Of Additional Expenses .( Return Date set for 5/9/2017 at 05:00 PM.) Document filed by Bruce Doniger.(Rodd, Stephen)
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Filing 1311
PRELIMINARY APPROVAL, NOTICE, AND HEARING ORDER: The terms of the Settlement, including the cash consideration of approximately $26.4 million to the Reliance Claimants, are preliminarily approved as fair, adequate and reasonable to the ninety-six class members who are Reliance Claimants. (As further set forth in this Order.) A hearing shall be held on May 9, 2017, at 5 p.m., on Class Plaintiffs' motion for final approval of the Settlement. Class Plaintiffs shall file and the Claims Administrator shall post the motion for approval and supporting papers on the Website on or before April 22, 2017. The Court will hold a telephone status conference with counsel for Class Plaintiffs upon a letter-request for counsel. (Motions due by 4/22/2017., Status Conference set for 5/9/2017 at 05:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 4/12/2017) (cf)
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Filing 1310
ORDER granting #1309 Letter Motion to Expedite. Granted. The Court approves the above schedule, and will separately issue the Preliminary Order. (Signed by Judge Paul A. Engelmayer on 4/12/2017) (cf)
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Filing 1309
LETTER MOTION to Expedite on Consent addressed to Judge Paul A. Engelmayer from Arthur N. Abbey dated April 6, 2017. Document filed by Bruce Doniger. (Attachments: #1 Exhibit Letter to Judge Engelmayer dated 5/13/2016, #2 Exhibit Stipulation and Agreement of Settlement of Claims of Reliance Claimants)(Rodd, Stephen)
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Filing 1308
ORDER of USCA (Certified Copy) as to #1304 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard. USCA Case Number 16-2489(L). The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/08/2017. (nd)
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Filing 1307
ORDER of USCA (Certified Copy) as to #1302 Notice of Appeal filed by Vivendi, S.A., #1304 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard. USCA Case Number 16-2489(L),16-2770(XAP). By order dated September 1, 2016, the Court granted Appellee-Cross-Appellant's unopposed motion to stay briefing of this appeal pending this Court's decision in two related cases, In re Vivendi Universal S.A., Nos. 15-180(L), 15-208(XAP) (the "54(b) Class Action Appeal") and GAMCO Investors, Inc. v. Vivendi Universal, S.A., Nos. 13-1194(L), 13-1377(XAP) (the "GAMCO Appeal"). The mandate in the GAMCO Appeal issued on October 19, 2016, and the mandate in the Class Action Appeal issued on December 5, 2016. Upon consideration thereof, IT IS HEREBY ORDERED that the stay of this appeal is hereby lifted. Appellants-Cross-Appellees must file their opening brief and the joint appendix on or before February 21, 2017. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 01/25/2017. (nd)
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Filing 1306
NOTICE of Withdrawal of Attorney. Document filed by William Cavanagh, Bruce Doniger, Oliver M. Gerard, Gerard Morel, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 1305
MANDATE of USCA (Certified Copy) as to #1235 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard, #1234 Notice of Appeal filed by Vivendi, S.A. USCA Case Number 15-180(L), 15-208(XAP). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/05/2016. (nd)
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Filing 1304
NOTICE OF CROSS APPEAL from #1301 Judgment,,,,,,,,. Document filed by William Cavanagh, Bruce Doniger, Oliver M. Gerard, Gerard Morel, The retirement System for General Employees of the City of Miami Beach. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Abbey, Arthur)
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Filing 1303
FILING ERROR - NOT ALL FILERS SELECTED - NOTICE OF CROSS APPEAL from #1301 Judgment,,,,,,,,. Document filed by Bruce Doniger. Filing fee $ 505.00, receipt number 0208-12634177. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Abbey, Arthur) Modified on 8/10/2016 (nd).
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Appeal Fee Paid electronically via Pay.gov: for #1304 Notice of Cross Appeal,. Filing fee $ 505.00. Pay.gov receipt number 0208-12634177, paid on 08/10/2016. (nd)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Abbey, Arthur to RE-FILE Document No. #1303 Notice of Cross Appeal,.. The filing is deficient for the following reason(s): the filers were NOT selected for the appeal;. Re-file the appeal using the event type Notice of Cross Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filers - select the correct order/judgment being appealed. [YOU ARE NOT REQUIRED TO PAY FILING FEE AGAIN]. (nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1304 Notice of Cross Appeal,. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #1304 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard were transmitted to the U.S. Court of Appeals. (nd)
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Filing 1302
NOTICE OF APPEAL from #1301 Judgment,,,,,,,,. Document filed by Vivendi, S.A.. Filing fee $ 505.00, receipt number 0208-12546431. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Quinn, James)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1302 Notice of Appeal. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #1302 Notice of Appeal filed by Vivendi, S.A. were transmitted to the U.S. Court of Appeals. (nd)
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Filing 1301
FINAL JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. Judgment is hereby entered against Vivendi and in favor of each plaintiff Class Member claimant identified in the attached Exhibit B. 2. Each plaintiff Class Member claimant identified in the attached Exhibit B shall be entitled to recover from Vivendi the principal sum and prejudgment interest on the principal sum (together, the "Total Sum") as set forth in Exhibit B. 3. Judgment is hereby entered in favor of Vivendi and against each Class Member claimant whose claims were rejected as a result of prior decisions and judgments of this Court and/or the agreement of the parties and to whom notice of such rejection has been sent by the claims administrator, and against each excluded Class Member listed on Exhibit A and any Class member that failed to file a proof of claim in accordance with the Claims Process established by the Court. 4. The stay of execution or enforcement of judgment pending appeal previously ordered by this Court with respect to the Rule 54(b) Judgment of December 22, 2014 (Dkt.1230) shall remain in force pending final determination of the existing appeals and of any additional appeals arising from the present Judgment, and Vivendi shall not be required to increase the Security Amount previously deposited into the Court registry interest bearing account to stay execution or enforcement of this Judgment pending appeal. 5. This Court will retain jurisdiction of the Action for purposes of addressing issues and procedures arising in connection with distribution of the aggregate damages and pre- and post-judgment interest and with the Court's Order of April 29, 2016 (Dkt.1294) concerning the payment of Plaintiffs' attorneys' fees and reimbursement of expenses, as may be necessary, once all appeals are final. (As further set forth in this Judgment) (Signed by Judge Paul A. Engelmayer on 7/14/2016) (kl) Modified on 7/14/2016 (kl).
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Filing 1300
JOINT LETTER addressed to Judge Paul A. Engelmayer from Gregory Silbert dated July 14, 2016 re: Proposed Final Judgment. Document filed by Vivendi, S.A..(Silbert, Gregory)
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Filing 1299
MEMO ENDORSEMENT on re: #1298 Letter filed by Bruce Doniger. ENDORSEMENT: The Court appreciates this update. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/23/2016) (kl)
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Filing 1298
LETTER addressed to Judge Paul A. Engelmayer from Arthur N. Abbey dated May 23, 2016 re: update on status of action and submission of proposed final judgment. Document filed by Bruce Doniger.(Rodd, Stephen)
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Filing 1297
MEMO ENDORSEMENT on re: #1296 Letter filed by Vivendi, S.A. ENDORSEMENT: The Court appreciates this thorough status report. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/16/2016) (kl)
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Filing 1296
JOINT LETTER addressed to Judge Paul A. Engelmayer from James W. Quinn dated May 13, 2016 re: Status Update. Document filed by Vivendi, S.A..(Quinn, James)
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Filing 1295
ORDER: The case has recently been reassigned to this Court. Mindful of the lengthy history of this case, the Court directs the parties to submit, by May 13, 2016, a joint letter summarizing the relevant history and current status of this case and proposing next steps. (Signed by Judge Paul A. Engelmayer on 5/4/2016) (cf)
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NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Shira A. Scheindlin is no longer assigned to the case. (wb)
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Filing 1294
MEMORANDUM OPINION AND ORDER #106420: IT IS HEREBY ORDERED THAT: This Court has jurisdiction over the subject matter of the Class Action and over all members of the Class. When all judgments in this Action become final, the Court will determine a procedure for establishing an escrow account into which the aggregate amount of Class Member Claimants' damages and interest for which Vivendi is liable will be deposited and from which attorneys' fees and expenses and Class Representative awards will be paid. The award of attorneys' fees shall be paid to Plaintiffs' Lead Counsel, who may allocate and distribute fees among lead plaintiffs' counsel in a fashion that, in the opinion of Plaintiffs' Lead Counsel, fairly compensates them for their respective contributions in the prosecution of the Class Action. (As further set forth in this Order.) The Clerk of the Court is directed to close this motion (Dkt. #1284). (Signed by Judge Shira A. Scheindlin on 4/29/2016) (cf) Modified on 5/3/2016 (ca).
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Filing 1293
ORDER: Although all core substantive disputes in this action have been resolved by this Court, certain outstanding ministerial disputes inhibit the entry of a final judgment. In this case, Rule 54(b) partial final judgment with respect to the Covered Claims is appropriate because: (1) this action presents more than one claim for relief and involves multiple parties; (2) the rights and liabilities of the holders of the Covered Claims have been fully decided within the meaning of Section 1291 of Title 28 of the United States Code, even though some additional administrative proceedings with respect to holders of other claims remain to be concluded; and (3) the existence of outstanding ministerial disputes with respect to other claims provides no just reason for further delaying the substantive resolution of this fourteen-year-old action. Accordingly, if a final judgment is not reached within twenty-one days of entry of this Order, the Covered Claims will be certified for partial final judgment under Rule 54(b). (As further set forth in this Order.) (Signed by Judge Shira A. Scheindlin on 4/29/2016) (cf)
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Filing 1292
OPINION AND ORDER #106423: For the foregoing reasons, Vivendi's motion for summary judgment is GRANTED. The Clerk of Court is directed to close this motion (Dkt. No. 1279). (As further set forth in this Opinion) (Signed by Judge Shira A. Scheindlin on 4/25/2016) (kl) Modified on 5/3/2016 (ca).
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Filing 1291
REPLY re: #1288 Response Rule 56.1 Statement. Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1290
DECLARATION of Miranda S. Schiller in Support re: #1279 MOTION for Summary Judgment .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit O)(Schiller, Miranda)
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Filing 1289
REPLY MEMORANDUM OF LAW in Support re: #1279 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1288
RESPONSE re: #1282 Rule 56.1 Statement . Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 1287
MEMORANDUM OF LAW in Opposition re: #1279 MOTION for Summary Judgment . . Document filed by Bruce Doniger. (Attachments: #1 Exhibit A-Capital Guardian Advised Claims At Issue)(Rodd, Stephen)
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Filing 1286
DECLARATION of Arthur N. Abbey in Support re: #1284 MOTION for Attorney Fees and Reimbursement of Expenses.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit Exhibit A-Abbey Spanier's Lodestar, #2 Exhibit Exhibit B-Abbey Spanier's Expenses, #3 Exhibit Exhibit C-Declaration of Matthew Gluck, #4 Exhibit Exhibit D-Declaration of Stephen Cirami, #5 Exhibit Exhibit E-Summary Chart for All Firms, #6 Exhibit Exhibit F-Declaration of Sherrie Savett, #7 Exhibit Exhibit G-Declaration of Michael Bowse, #8 Exhibit Exhibit H-Declaration of Sheila Gowan, #9 Exhibit Exhibit I - Declaration of Jeffrey Lamken, #10 Exhibit Exhibit J-Declaration of Brian Murray, #11 Exhibit Exhibit K- Declaration of Klari Neuwelt, #12 Exhibit Exhibit L-Declaration of Marc Gross)(Rodd, Stephen)
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Filing 1285
MEMORANDUM OF LAW in Support re: #1284 MOTION for Attorney Fees and Reimbursement of Expenses. . Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 1284
MOTION for Attorney Fees and Reimbursement of Expenses. Document filed by Bruce Doniger. (Attachments: #1 Text of Proposed Order Awarding Attorneys' Fees and Reimbursement of Expenses)(Rodd, Stephen)
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Filing 1283
SEALED DOCUMENT placed in vault.(mps)
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Filing 1282
RULE 56.1 STATEMENT. Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1281
DECLARATION of Miranda S. Schiller in Support re: #1279 MOTION for Summary Judgment .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F (Filed under Seal), #7 Exhibit G (Filed under Seal), #8 Exhibit H, #9 Exhibit I, #10 Exhibit J (Filed under Seal), #11 Exhibit K (Filed under Seal), #12 Exhibit L (Filed under Seal), #13 Exhibit M (Filed under Seal), #14 Exhibit N (Redacted))(Schiller, Miranda)
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Filing 1280
MEMORANDUM OF LAW in Support re: #1279 MOTION for Summary Judgment . (Redacted). Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1279
MOTION for Summary Judgment . Document filed by Vivendi, S.A..(Schiller, Miranda)
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Filing 1278
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/30/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 1277
TRANSCRIPT of Proceedings re: conference held on 3/30/2016 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/5/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/14/2016.(McGuirk, Kelly)
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Filing 1276
ORDER APPROVING PLAINTIFFS' FORM OF NOTICE TO CLASS MEMBER CLAIMANTS OF MOTION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES: The Court, having considered all matters discussed at the March 30, 2016 conference and otherwise, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: The Court approves the substance, form and manner of the Notice To Class Member Claimants of Motion For Award of Attorneys' Fees and Reimbursement of Litigation Expenses (attached hereto as Exhibit A) (the "Notice"). The Court approves the dissemination of the Notice by Garden City Group, the Claims Administrator for the Action, by email or by U.S. Mail if no email address is available or if the email address has become stale. The Notice will be emailed or deposited in a U.S. Mail receptacle no later than 3 business days following the entry of this Order. Within 3 business days of the entry of this Order, the Notice will be available on the Vivendi class action website maintained by Garden City Group. Any Class Member Claimant wishing to be heard regarding the Motion For Award of Attorneys' Fees and Reimbursement of Litigation Expenses must submit any objections or comments concerning Plaintiffs' Lead Counsel's request for fees and reimbursement of expenses by April 22, 2016. Any Class Member Claimant's submission may be sent either by mail, email or telecopier but must be received by the Claims Administrator by the April 22, 2016 deadline. Plaintiffs' Lead Counsel's Motion For Award of Attorneys' Fees and Reimbursement of Litigation Expenses must be filed with the Court by no later than April 15, 2016 and can be viewed at www.vivendiclassaction.com or by visiting the office of the Clerk of Court. IT IS SO ORDERED. (Motions due by 4/15/2016.) (Signed by Judge Shira A. Scheindlin on 4/7/2016) (kl)
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Filing 1274
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/27/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 1273
TRANSCRIPT of Proceedings re: Conference held on 7/27/2015 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/11/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/19/2015.(McGuirk, Kelly)
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Filing 1275
INTERNET CITATION NOTE: Material from decision with Internet citation re: #1272 OPINION AND ORDER #105773. (lnl)
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Filing 1272
OPINION AND ORDER #105773 re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. filed by Bruce Doniger, #1243 MOTION for Summary Judgment . filed by Vivendi, S.A. For the foregoing reasons, Vivendi's motion for summary judgment is GRANTED, and the class plaintiffs' motion for summary judgment is DENIED. The Clerk of Court is directed to close these motions (Docket Nos. 1241 and 1243). SO ORDERED. (As further set forth within this Order.) (Signed by Judge Shira A. Scheindlin on 8/11/2015) (ajs) Modified on 8/18/2015 (soh).
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Filing 1271
REPLY MEMORANDUM OF LAW in Support re: #1243 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1270
MEMORANDUM OF LAW in Opposition re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. . Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1269
DECLARATION of Miranda Schiller in Support re: #1243 MOTION for Summary Judgment .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Schiller, Miranda)
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Filing 1268
RULE 56.1 STATEMENT. Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1267
MEMORANDUM OF LAW in Support re: #1243 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1266
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #1243 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1265
SEALED DOCUMENT placed in vault.(rz)
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Filing 1264
DECLARATION of Jeremy Nash in Opposition re: #1243 MOTION for Summary Judgment .. Document filed by Bruce Doniger. (Attachments: #1 Exhibit 2)(Rodd, Stephen)
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Filing 1263
MEMORANDUM OF LAW in Opposition re: #1243 MOTION for Summary Judgment . . Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 1262
DECLARATION of Jeremy Nash in Support re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc... Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10)(Rodd, Stephen)
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Filing 1261
MEMORANDUM OF LAW in Support re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. . Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 1260
RULE 56.1 STATEMENT. Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 1259
ORDER: On May 15, 2015, class plaintiffs and defendant cross-moved for summary judgment on claims of clients and advisees of Southeastern Asset Management ("SAM") (the "motions"). Significant portions of the memoranda, declarations, Local Rule 56.1 Statements, and exhibits in support of the motions were filed with heavy redactions or under seal. On August 5, 2015, class plaintiffs informed the Court that SAM has no objection to the unredacted use by the parties or the Court of the portions of those filings previously deemed confidential, save for references to a specific dollar amount related to SAM's gains. The Court hereby directs the parties to file unredacted copies of the motions and all papers in support thereof, except that the references to the specific dollar amount in question can remain redacted. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/5/2015) (ajs)
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Filing 1258
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #1243 MOTION for Summary Judgment . . Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B (Excerpt), #3 Exhibit C)(Rodd, Stephen)
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Filing 1257
ENDORSED LETTER addressed to Mr. Todres from Greg dated 7/30/2015 re: Response letter. ENDORSEMENT: Plaintiffs may file supplemental brief - limited to the issue of damages - of no more than ten pages, double-spaced, by close of business Monday, August 3, 2015. Defendants may file a reply brief of no more than ten pages, double-spaced, by close of business Thursday, August 6, 2015. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 7/30/2015) (ajs)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 7/27/2015.
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Filing 1256
DECLARATION of Miranda S. Schiller in Support re: #1243 MOTION for Summary Judgment .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit O)(Schiller, Miranda)
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Filing 1255
REPLY MEMORANDUM OF LAW in Support re: #1243 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1254
REPLY MEMORANDUM OF LAW in Support re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. . Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 1253
SEALED DOCUMENT placed in vault.(rz)
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Filing 1252
SEALED DOCUMENT placed in vault.(nm)
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Filing 1251
DECLARATION of Jeremy Nash in Opposition re: #1243 MOTION for Summary Judgment .. Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Rodd, Stephen)
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Filing 1250
MEMORANDUM OF LAW in Opposition re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. (REDACTED). Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1249
SEALED DOCUMENT placed in vault.(rz)
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Filing 1248
SEALED DOCUMENT placed in vault.(nm)
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Filing 1247
SEALED DOCUMENT placed in vault.(nm)
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Filing 1246
RULE 56.1 STATEMENT. Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1245
MEMORANDUM OF LAW in Support re: #1243 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
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Filing 1244
DECLARATION of Miranda S. Schiller in Support re: #1243 MOTION for Summary Judgment .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Schiller, Miranda)
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Filing 1243
MOTION for Summary Judgment . Document filed by Vivendi, S.A..(Schiller, Miranda)
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Filing 1242
DECLARATION of Jeremy Nash in Support re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc... Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Rodd, Stephen)
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Filing 1241
MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. Document filed by Bruce Doniger.(Rodd, Stephen)
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Filing 1240
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/27/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Grant, Patricia)
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Filing 1239
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/27/2015 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2015. Redacted Transcript Deadline set for 6/15/2015. Release of Transcript Restriction set for 8/13/2015.(Grant, Patricia)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 4/27/2015. (Bloomfield, Clifford)
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Filing 1238
LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 4/22/2015 re: respond to the April 21, 2015 letter submitted by Arthur Abbey, counsel for Class Plaintiffs (the April 21 Letter) and to request a pre-motion conference in anticipation of moving for summary judgment. Document filed by Vivendi, S.A..(Quinn, James)
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Filing 1237
LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 4/21/2015 re: request for conference concerning further reliance discovery proceedings. Document filed by Bruce Doniger.(Rodd, Stephen)
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Filing 1236
MANDATE of USCA (Certified Copy) as to (108 in 1:07-cv-10995-SAS, 1145 in 1:02-cv-05571-SAS-HBP) Notice of Appeal, filed by Irish Life Investment Managers Limited USCA Case Number 12-2248....that the appeal is hereby WITHDRAWN pursuant to Rule 42 of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/20/2015. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-10995-SAS(nd)
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UPDATED Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #1235 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard were transmitted to the U.S. Court of Appeals. (tp)
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Filing 1235
NOTICE OF CROSS APPEAL from #1231 Judgment. Document filed by Bruce Doniger, Olivier M. Gerard, Gerard Morel, William Cavanagh,the Miami Beach Employees' Retirement Plan (formerly known as the Retirement System for General Employees of the City of Miami Beach). Filing fee $ 505.00, receipt number 0208-10523547. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Abbey, Arthur) Modified on 1/26/2015 (tp).
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1235 Notice of Cross Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #1235 Notice of Cross Appeal filed by Bruce Doniger were transmitted to the U.S. Court of Appeals. (tp)
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Filing 1234
NOTICE OF APPEAL from #1231 Judgment,,. Document filed by Vivendi, S.A.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Quinn, James)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #1234 Notice of Appeal filed by Vivendi, S.A. were transmitted to the U.S. Court of Appeals. (tp)
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Appeal Fee Paid electronically via Pay.gov: for #1234 Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208-10515765, paid on 1/21/2015. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1234 Notice of Appeal. (tp)
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CASHIERS OFFICE CRIS DEPOSIT dated 12/23/14, from Judge Judge Shira A. Scheindlin, $55,000,000.00 from WIRE TRANSFER deposited on 12/30/14, Receipt Number 15465400127 and placed into CRIS on 12/31/14. (dig)
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Filing 1233
ORDER FOR RULE 62(D) STAY AND DEPOSIT OF FUNDS INTO AN INTEREST-BEARING ACCOUNT:IT IS HEREBY ORDERED: Vivendi may obtain a stay of execution or enforcement pending appeal of the Judgment pursuant to Federal Rule of Civil Procedure 62(d) upon the deposit of funds in the amount of $55 million (the "Security Amount") into the Court registry in an interest bearing account in lieu of a supersedeas bond. To obtain a stay, Vivendi must deposit the Security Amount within 14 days after the entry of the Judgment. Upon Vivendi's timely deposit of the Security Amount into the Court registry, a stay of the Judgment pursuant to Rule 62(d) will be in effect. The Clerk is hereby ordered to invest the Security Amount in the Court registry in an interest-bearing account. The Clerk is further ordered to deduct from the income on the investment of the SecurityAmount a fee equal to ten percent (10%) of the income earned, but not exceeding the fee authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office. The Court retains jurisdiction over the Security Amount and may take such actions with regard to the Security Amount as it deems appropriate for the security of the plaintiffs. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 12/23/2014) Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(ama)
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Filing 1232
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from M. Alexander Bowie II dated 12/23/2014 re: Counsel requests leave for herself and the firm Day Pitney LLP, to withdraw as co-counsel for Vivendi in the above action. ENDORSEMENT: Leave to withdraw is granted. Attorney James George Szymanski; Morris Alexander Bowie, II and Richard Michael Lorenzo terminated. (Signed by Judge Shira A. Scheindlin on 12/23/2014) (tn)
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Filing 1231
JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. Pursuant to Rule 54(b ), judgment is hereby entered against Vivendi and in favor of each plaintiff identified in the Attached Exhibit A. 2. Each plaintiff identified in the attached Exhibit A shall be entitled to recover from Vivendi the principal sum, and prejudgment interest on the principal sum, (together, the "Total Sum") as set forth in Exhibit A. 3. The plaintiffs shall take nothing from defendants Messier and Hannezo, and the action is dismissed on the merits and with prejudice as to them. 4. Post judgment interest on the Total Sum plus costs shall accrue in accordance with 28 U.S.C. 1961. (Signed by Judge Shira A. Scheindlin on 12/22/2014) (djc)
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Filing 1230
LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 12/22/2014 re: Proposed Partial Final Judgment and Proposed Order for Stay. Document filed by Vivendi Universal S.A..(Quinn, James)
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Filing 1229
ORDER TO PROCEED TO ENTRY OF FINAL JUDGMENT AS TO CERTAIN CLAIMS PURSUANT TO RULE 54(b) re: #1228 Letter filed by Vivendi, S.A.: IT IS HEREBY ORDERED that: The Court finds and concludes that this action presents more than one claim for relief, and that multiple parties are involved, such that this action is eligible for partial final judgment under Rule 54(b), subject to any objections from the holders of the Covered Claims, and as further set forth, the Court finds and concludes the following as stated herein.... Within seven (7) days of the entry of this Order, GCG shall send a "Notice of Approval of Claim," substantially in the form attached hereto as Exhibit B, to each claimant that has submitted a Covered Claim, or to such claimant's authorized representative for claim administration.... On the date that is twenty-eight (28) days after the date the Notice of Approval of Claim is sent, or the nearest business day thereafter, the parties shall submit to the Court a proposed judgment, which shall identify each Covered Claim as to which no timely objection was submitted, and the amount of each such claim inclusive of pre-judgment interest.... The Court reserves for consideration and inclusion in a future judgment all outstanding claims and issues in this action not resolved in the aforesaid Rule 54(b) judgment.... The Court understands and expects that the parties shall proceed expeditiously to resolve these and any other outstanding issues. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/12/2014) (ja)
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Filing 1228
LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 11/10/2014 re: Proposed Order for 54(b) Judgment. Document filed by Vivendi, S.A..(Quinn, James)
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Filing 1227
LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 10/29/2014 re: Renewal of Request for Entry of Rule 54(b) Judgment. Document filed by Vivendi, S.A..(Quinn, James)
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Filing 1226
LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 10/21/14 re: in response to Abbey Spanier's October 20, 2014 letter. Document filed by Vivendi, S.A..(Quinn, James)
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Filing 1225
LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 10/20/2014 re: Plaintiffs' response to Vivendi's revised proposed discovery concerning reliance. Document filed by Bruce Doniger. (Attachments: #1 Class Plaintiffs' blackline copy of proposed changes to Vivendi's version of discovery, #2 Class Plaintiffs' clean copy of proposed changes to Vivendi's version of discovery)(Abbey, Arthur)
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Filing 1224
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/9/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1223
TRANSCRIPT of Proceedings re: conference held on 10/9/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2014. Redacted Transcript Deadline set for 11/24/2014. Release of Transcript Restriction set for 1/21/2015.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1222
LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 10/15/2014 re: Discovery. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Quinn, James)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/9/2014. (Bloomfield, Clifford)
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Filing 1221
LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 09/24/2014 re: Class Plaintiffs' Counter Proposal for Claimant Reliance Discovery. Document filed by Bruce Doniger.(Rodd, Stephen)
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Filing 1220
LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 09/24/2014 re: Request for Approval of Discovery Request. Document filed by Vivendi, S.A..(Quinn, James)
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Filing 1219
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/9/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1218
TRANSCRIPT of Proceedings re: conference held on 9/9/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2014. Redacted Transcript Deadline set for 10/23/2014. Release of Transcript Restriction set for 12/19/2014.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 9/9/2014. (Bloomfield, Clifford)
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Filing 1217
LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 09/08/2014 re: Response to Class Plaintiffs September 5, 2014 letter. Document filed by Vivendi, S.A..(Quinn, James)
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Filing 1216
LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 09/05/2014 re: proposed Rule 54(b) judgment. Document filed by Bruce Doniger.(Rodd, Stephen)
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Filing 1215
DECLARATION of Gregory Silbert in Support re: #1213 MOTION for Entry of Judgment under Rule 54(b) .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Quinn, James)
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Filing 1214
MEMORANDUM OF LAW in Support re: #1213 MOTION for Entry of Judgment under Rule 54(b) . . Document filed by Vivendi, S.A.. (Quinn, James)
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Filing 1213
MOTION for Entry of Judgment under Rule 54(b) . Document filed by Vivendi, S.A..(Quinn, James)
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Filing 1212
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/21/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1211
TRANSCRIPT of Proceedings re: conference held on 8/21/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/29/2014. Redacted Transcript Deadline set for 10/9/2014. Release of Transcript Restriction set for 12/8/2014.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1210
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/21/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
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Filing 1209
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/21/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/29/2014. Redacted Transcript Deadline set for 10/9/2014. Release of Transcript Restriction set for 12/8/2014.(Rodriguez, Somari)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 8/21/2014. (Bloomfield, Clifford)
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Filing 1208
MEMORANDUM OPINION AND ORDER #104638. Halliburton II made no mention of how a plaintiff can prove price impact, and certainly did not address the maintenance theory of inflation relied upon by plaintiffs in Vivendi. While this is surely an interesting issue, the district court has made its ruling. Vivendi' s opportunity to challenge this theory of price impact, and the adequacy of the proof supporting it, lies with the Court of Appeals and perhaps the Supreme Court. Because this issue has already been fully litigated, and there being no intervening change in the law, Vivendi's request to file a new Rule 50(b) motion is DENIED. A conference to address the issues raised in the parties' most recent letters - August 12, 2014 from the plaintiffs [Dkt. No. 1206] and August 14, 2014 from the defendant [Dkt. No. 1207] - will be held on August 21, 2014 at 3:30 p.m. (Signed by Judge Shira A. Scheindlin on 8/18/2014) (lmb) Modified on 8/21/2014 (ca).
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Set/Reset Hearings: Status Conference set for 8/21/2014 at 03:30 PM before Judge Shira A. Scheindlin. (lmb)
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Filing 1207
LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 08/15/2014 re: in opposition to Class Plaintiffs' pre-motion conference letter at ECF No. 1206. Document filed by Vivendi, S.A..(Quinn, James)
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Filing 1206
LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 8/12/2014 re: request for leave to file a Rule 50(b) motion for partial final judgment and to schedule a pre-motion conference. Document filed by Bruce Doniger.(Rodd, Stephen)
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Filing 1205
LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 07/24/2014 re: in response to Defendant Vivendi's letter dated 7/21/2014, requesting a pre-motion conference and leave to file another Rule 50(b) motion. Document filed by Bruce Doniger.(Rodd, Stephen)
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Filing 1204
LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 07/21/2014 re: Request for leave to file a Rule 50(b) motion to address the impact of Halliburton II and, should the Court deem it necessary, schedule a pre-motion conference. Document filed by Vivendi Universal S.A..(Quinn, James)
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Filing 1203
MEMO ENDORSEMENT on re: #1202 Letter filed by Bruce Doniger. ENDORSEMENT: So ordered., Attorney Richard Barry Margolies terminated. (Signed by Judge Shira A. Scheindlin on 5/8/2014) (lmb)
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Filing 1202
LETTER addressed to Judge Shira A. Scheindlin from Richard B. Margolies dated 05/08/2014 re: Withdrawal of Counsel. Document filed by Bruce Doniger.(Margolies, Richard)
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Filing 1201
MANDATE of USCA (Certified Copy) as to (113 in 1:07-cv-11305-SAS) Notice of Appeal, filed by AGF Asset Management, S.A., (1145 in 1:02-cv-05571-SAS-HBP) Notice of Appeal, filed by Irish Life Investment Managers Limited USCA Case Number 12-2231....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/13/2013. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11305-SAS(nd)
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Filing 1200
ORDER of USCA (Certified Copy) as to (1144 in 1:02-cv-05571-SAS-HBP, 113 in 1:07-cv-11305-SAS) Notice of Appeal, filed by AGF Asset Management, S.A., (108 in 1:07-cv-10995-SAS, 1145 in 1:02-cv-05571-SAS-HBP) Notice of Appeal, filed by Irish Life Investment Managers Limited USCA Case Number 12-2231; 12-2248. IT IS HEREBY ORDERED that the unopposed motion by the appellants to hold the above-referenced appeals in abeyance pending forthcoming appeals in the consolidated class action, In re Vivendi Universal, S.A. Securities Litigation (District Court Docket no. 02-cv-5571), is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/28/2013. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-10995-SAS, 1:07-cv-11305-SAS(nd)
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Filing 1199
NOTICE of Change of Firm Name. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1197
ORDER: The parties' plan for administering the class claims process, outlined in Exhibits One through Four attached hereto, is approved by this Court. The parties are directed to commence the claims administration process forthwith. (Signed by Judge Shira A. Scheindlin on 11/12/2012) (pl)
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Filing 1198
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Daniel Slifkin dated 10/19/12 re: Counsel writes on behalf of all remaining parties to present the Court the parties' plans for administering the class claims process. Counsel encloses the proposed notice and claim forms. ENDORSEMENT: The Notice to Class Members and the Claim form attached to this letter are hereby approved and shall be disseminated as set forth in this letter. The Clerk is directed to docket this letter and the attachments. So ordered. (Signed by Judge Shira A. Scheindlin on 10/24/2012) (mro)
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Filing 1196
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/28/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(Moya, Goretti)
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Filing 1195
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/28/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(Moya, Goretti)
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Filing 1194
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Daniel Slifkin dated 10/5/2012 re: I write on behalf of all remaining parties in the above-captioned case. After considerable discussion on how to resolve the dispute regarding how to implement the jury verdict for shares of class members who exchanged their Vivendi, S.A. and Canal + ADSs for Vivendi Universal, S.A. ADSs ("VU ADSs") as part of the three-way merger on December 8, 2000 ("Three-Way Merger Issue"), the parties have come to an agreement. ENDORSEMENT: The Clerk of the Court is directed to docket this letter. So ordered. (Signed by Judge Shira A. Scheindlin on 10/11/2012) (rjm)
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Filing 1193
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/11/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1192
TRANSCRIPT of Proceedings re: ARGUMENT held on 9/11/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/22/2012. Redacted Transcript Deadline set for 11/1/2012. Release of Transcript Restriction set for 1/2/2013.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1191
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 8/28/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1190
TRANSCRIPT of Proceedings re: CONFERNCE held on 8/28/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2012. Redacted Transcript Deadline set for 10/18/2012. Release of Transcript Restriction set for 12/17/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Oral Argument held on 9/11/2012. (js)
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Filing 1189
NOTICE OF APPEARANCE by Melanie L. Cyganowski on behalf of Special Master (Cyganowski, Melanie)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 8/28/2012. (cd)
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Filing 1188
ORDER: The immediate issue before the Court concerns the information to be gathered by the issuance of the Claim Forms to the Class Members. The question of how to treat the Vivendi Universal ADSs acquired through the three-way merger consummated on December 8, 2000, need not be decided at this time. To capture all relevant information that may ultimately be needed to calculate damages, the Claim Form should ask claimants to specify how many ADS's they held in Vivendi, S.A., Canal+, Seagram, and Vivendi Universal, S.A. during the period from October 30, 2000 through August 14, 2002, the opening and closing dates of the defined Class Period. (Signed by Judge Shira A. Scheindlin on 8/23/2012) (pl)
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Filing 1187
ORDER: This Court's order issued on August 22, 2012 is hereby withdrawn. The Order was inadvertently issued without the benefit of having received or considered defendants' reply letter, which the Court had previously agreed to consider. A new Order will be issued to replace the now withdrawn Order. The Clerk of the Court is directed to delete docket entry # 1186. (Signed by Judge Shira A. Scheindlin on 8/23/2012) (pl)
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Filing 1186
THIS DOCUMENT HAS BEEN DELETED FROM THE DOCKET PURSUANT TO COURT ORDER, DOCUMENT #1187. 8/23/2012 (pl).
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Filing 1185
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernce proceeding held on 8/7/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1184
TRANSCRIPT of Proceedings re: confernce held on 8/7/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2012. Redacted Transcript Deadline set for 9/27/2012. Release of Transcript Restriction set for 11/26/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1183
OPINION AND ORDER re: #102187 (99 in 1:07-cv-07370-SAS, 99 in 1:07-cv-11484-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment filed by Deka Investment, Norges Bank, AFA Trygghetsforsakringsaktiebolag, AFA Livforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, AFA Sjukforsakringsaktiebolag, Caisse de Depot et Placement du Quebec, Deka International (Ireland) Limited, (103 in 1:07-cv-11484-SAS, 119 in 1:07-cv-08156-SAS, 103 in 1:07-cv-07370-SAS) MOTION To Establish the Method of Calculating Damages filed by Guillaume Hannezo. For the foregoing reasons, defendants' motions to apply the damages methodology contained in the July 5, 2012 Opinion and Order are granted and plaintiffs' motions for collateral estoppel are granted in part and denied in part. The Clerk of the Court is directed to close these motions. The conference previously scheduled in the Individual Plaintiffs and GAMCO Plaintiffs actions for September 12, 2012 at 4:30 p.m. is moved to September 11, 2012 at 3:00 p.m., ( Status Conference set for 9/11/2012 at 03:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 8/10/2012) Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(lmb) Modified on 8/14/2012 (jab).
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Filing 1182
REPLY MEMORANDUM OF LAW in Support re: #1153 MOTION To Establish The Method of Calculating Damages.. Document filed by Vivendi Universal S.A.. (Quinn, James)
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Filing 1181
REPLY MEMORANDUM OF LAW in Support re: (99 in 1:07-cv-07370-SAS, 1149 in 1:02-cv-05571-SAS-HBP, 99 in 1:07-cv-11484-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
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Filing 1180
RESPONSE re: (1170 in 1:02-cv-05571-SAS-HBP) Counter Statement to Rule 56.1 Individual Plaintiffs' Response to Vivendi's Statement Under Rule 56.1. Document filed by AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank and others. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
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Filing 1179
ORDER OF DISMISSAL: that the following actions are dismissed with prejudice but without costs: 08 Civ. 2056, 08 Civ. 2057, 08 Civ. 2166, 08 Civ. 2214. The Clerk of the Court is directed to close these actions and any pending motions. To the extent that plaintiffs in these actions also assert claims in 09 Civ. 2568, 09 Civ. 2592, or 09 Civ. 2603, such plaintiffs' claims in these actions are dismissed with prejudice. (Signed by Judge Shira A. Scheindlin on 8/8/2012) (pl) Modified on 8/8/2012 (pl).
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Filing 1178
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 7/17/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1177
TRANSCRIPT of Proceedings re: CONFERNCE held on 7/17/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1176
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 8/3/2012 re: Counsel for plaintiff writes that we have reached agreement on most outstanding issues, continue to try to resolve others, and anticipate that a very few of these will require the Court's intervention. The parties request that the Court approve the following briefing schedule: August 8, 2012: Vivendi submits a letter brief to the Court (no longer than 5 pages); August 17, 2012: Class Plaintiffs Submit a letter brief (no longer than 8 pages); and August 22, 2012: Vivendi submits a reply letter brief (no longer than 3 pages). ENDORSEMENT: Request granted. The above schedule is acceptable to the Court. (Signed by Judge Shira A. Scheindlin on 8/3/2012) (pl)
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Filing 1173
DECLARATION of Paul C. Saunders in Opposition re: (89 in 1:03-cv-05911-SAS, 1157 in 1:02-cv-05571-SAS-HBP) MOTION for Partial Summary Judgment Plaintiffs' Notice of Motion for Entry of an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Vivendi Universal, S.A., Vivendi Universal S.A.. (Attachments: #1 Exhibit 1 to Saunders Declaration, #2 Exhibit 2 to Saunders Declaration)Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Saunders, Paul)
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Filing 1172
COUNTER STATEMENT TO (1160 in 1:02-cv-05571-SAS-HBP, 92 in 1:03-cv-05911-SAS) Rule 56.1 Statement. Document filed by Vivendi Universal, S.A., Vivendi Universal S.A.. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Saunders, Paul)
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Filing 1171
RESPONSE to Motion re: (1157 in 1:02-cv-05571-SAS-HBP, 89 in 1:03-cv-05911-SAS) MOTION for Partial Summary Judgment Plaintiffs' Notice of Motion for Entry of an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Vivendi Universal, S.A., Vivendi Universal S.A.. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Saunders, Paul)
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Filing 1170
COUNTER STATEMENT TO #1152 Rule 56.1 Statement,. Document filed by Vivendi Universal S.A.. (Quinn, James)
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Filing 1169
DECLARATION of Lucia Freda in Opposition re: #1149 MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Vivendi Universal S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Quinn, James)
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Filing 1168
MEMORANDUM OF LAW in Opposition re: #1149 MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Vivendi Universal S.A.. (Quinn, James)
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Filing 1167
DECLARATION of John A.Calabro in response to Individual Plaintiffs' Motion For An Order Limiting The Issues To Be Litigated On Grounds Of Collateral Estoppel And For Partial Summary Judgment- in Opposition re: (99 in 1:07-cv-07370-SAS, 1149 in 1:02-cv-05571-SAS-HBP, 99 in 1:07-cv-11484-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Jean-Marie Messier. (Attachments: #1 Exhibits)Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Malone, Michael)
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Filing 1166
RESPONSE to Motion re: (99 in 1:07-cv-07370-SAS, 1149 in 1:02-cv-05571-SAS-HBP, 99 in 1:07-cv-11484-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Jean-Marie Messier. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:02-cv-05924-HB, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Malone, Michael)
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Filing 1165
MEMORANDUM OF LAW in Opposition re: (1153 in 1:02-cv-05571-SAS-HBP) MOTION To Establish The Method of Calculating Damages. Individual Plaintiffs' Memorandum of Law in Opposition to Defendant Vivendi, S.A.'s Motion to Establish the Method of Calculating Damages. Document filed by AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Deka International (Ireland) Limited, Norges Bank. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-07776-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 7/17/2012. (js)
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Filing 1164
ORDER granting #1161 Motion. terminating #1161 Motion for Reconsideration. Accordingly, Vivendi's motion for clarification is granted. The Clerk of the Court is directed to close this motion [Docket No. 1161]. (Signed by Judge Shira A. Scheindlin on 7/17/2012) (djc)
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Filing 1163
DECLARATION of Daniel Slifkin in Support re: #1161 MOTION SEEKING CLARIFICATION OR, IN THE ALTERNATIVE, RECONSIDERATION OF THE COURTS RULING REGARDING PARTIAL NETTING re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct,,,,,,,,. MOTION for Reconsideration. MOTION SEEKING CLARIFICATION OR, IN THE ALTERNATIVE, RECONSIDERATION OF THE COURTS RULING REGARDING PARTIAL NETTING re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct,,,,,,,,.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Slifkin, Daniel)
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Filing 1162
MEMORANDUM OF LAW in Support re: #1161 MOTION SEEKING CLARIFICATION OR, IN THE ALTERNATIVE, RECONSIDERATION OF THE COURTS RULING REGARDING PARTIAL NETTING re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct,,,,,,,,. MOTION for Reconsideration. MOTION SEEKING CLARIFICATION OR, IN THE ALTERNATIVE, RECONSIDERATION OF THE COURTS RULING REGARDING PARTIAL NETTING re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct,,,,,,,,.. Document filed by Vivendi, S.A.. (Slifkin, Daniel)
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Filing 1161
MOTION SEEKING CLARIFICATION OR, IN THE ALTERNATIVE, RECONSIDERATION OF THE COURTS RULING REGARDING PARTIAL NETTING re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct,,,,,,,,., MOTION for Reconsideration. Document filed by Vivendi, S.A..(Slifkin, Daniel)
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Filing 1160
RULE 56.1 STATEMENT. Document filed by Gamco Investors, Inc., GAMCO Investors, Inc.. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Cappucci, Vincent)
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Filing 1159
DECLARATION of Vincent R. Cappucci in Support re: (1157 in 1:02-cv-05571-SAS-HBP, 89 in 1:03-cv-05911-SAS) MOTION for Partial Summary Judgment Plaintiffs' Notice of Motion for Entry of an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Gamco Investors, Inc., GAMCO Investors, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Cappucci, Vincent)
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Filing 1158
MEMORANDUM OF LAW in Support re: (1157 in 1:02-cv-05571-SAS-HBP, 89 in 1:03-cv-05911-SAS) MOTION for Partial Summary Judgment Plaintiffs' Notice of Motion for Entry of an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Gamco Investors, Inc., GAMCO Investors, Inc.. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Cappucci, Vincent)
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Filing 1157
MOTION for Partial Summary Judgment Plaintiffs' Notice of Motion for Entry of an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment. Document filed by Gamco Investors, Inc., GAMCO Investors, Inc..Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Cappucci, Vincent)
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Filing 1156
MEMORANDUM OF LAW in Support re: (103 in 1:07-cv-11484-SAS) MOTION To Establish the Method of Calculating Damages.. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Perschetz, Martin)
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Filing 1155
MOTION To Establish the Method of Calculating Damages. Document filed by Guillaume Hannezo.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Perschetz, Martin)
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Filing 1154
MEMORANDUM OF LAW in Support re: #1153 MOTION To Establish The Method of Calculating Damages.. Document filed by Vivendi Universal S.A.. (Reid, Penny)
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Filing 1153
MOTION To Establish The Method of Calculating Damages. Document filed by Vivendi Universal S.A..(Reid, Penny)
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Filing 1152
RULE 56.1 STATEMENT. Document filed by Deka International (Ireland) Limited, Deka Investment, AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-07776-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
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Filing 1151
DECLARATION of James J. Sabella in Support re: (99 in 1:07-cv-07370-SAS, 1149 in 1:02-cv-05571-SAS-HBP, 99 in 1:07-cv-11484-SAS, 98 in 1:07-cv-07776-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Deka International (Ireland) Limited, Deka Investment, AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank. (Attachments: #1 Exhibit 1 - Verdict Form)Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-07776-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
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Filing 1150
MEMORANDUM OF LAW in Support re: (99 in 1:07-cv-07370-SAS, 1149 in 1:02-cv-05571-SAS-HBP, 99 in 1:07-cv-11484-SAS, 98 in 1:07-cv-07776-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Deka International (Ireland) Limited, Deka Investment, AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-07776-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
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Filing 1149
MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment. Document filed by Deka International (Ireland) Limited, Deka Investment, AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-07776-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
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Filing 1175
INTERNET CITATION NOTE: Material from decision with Internet citation re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct. (Attachments: #1 CNN.com - Vivendi woes hit Europe bourses - August 14, 2002) (tro)
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Filing 1174
INTERNET CITATION NOTE: Material from decision with Internet citation re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct. (Attachments: #1 CNN.com - Vivendi woes hit Europe bourses - August 14, 2002) (tro)
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Filing 1148
ORDER: I HEREBY APPOINT, pursuant to Federal Rule of Civil Procedure53(a)(1 )(A),(a)(1)(B) and (a)(l)(C), Melanie L. Cyganowski, Esq. to serve as Special Master, until further order of this Court. The Court has received an affidavit from Ms. Cyganowski disclosing whether there are any grounds for disqualification under 28 U.S.C. 455. The parties have consented, with the Court's approval, to waive any such grounds for disqualification. See Fed. R. Civ.P. 53(a)(2) and (b)(3). The Special Master's appointment is therefore effective immediately. With the provisions as further set forth in this order (Signed by Judge Shira A. Scheindlin on 7/5/2012) (js)
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Filing 1147
ORDER: #102039 granting in part and denying in part #1100 Motion to Approve ; granting in part and denying in part #1126 Motion to Amend/Correct. For the foregoing reasons, plaintiffs motion for adjustment of class definition is denied; plaintiffs motion to approve plaintiffs proposed procedures for the Individual Reliance Phase is granted in part and denied in part; plaintiffs motion to approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures is granted in part and denied in part; plaintiffs renewed motion for award of prejudgment interest is granted, but not for the amount requested; and plaintiffs motion regarding plaintiffs application for attorneys' fees and costs is granted. The Clerk of the Court is directed to close these motions [Docket Nos. 1100 and 1126]. A status conference is scheduled for July 17,2012 at 3:00 p.m. in Courtroom 15C. SO ORDERED.(Signed by Judge Shira A. Scheindlin on 7/05/2012) (ama) Modified on 7/10/2012 (jab).
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Set/Reset Deadlines:, Set/Reset Hearings:( Status Conference set for 7/17/2012 at 03:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin.) (ama)
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Filing 1146
MANDATE of USCA (Certified Copy) as to (97 in 1:07-cv-11484-SAS, 1143 in 1:02-cv-05571-SAS-HBP) Notice of Appeal, filed by Caisse de Depot et Placement du Quebec USCA Case Number 12-2226....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/25/2012. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11484-SAS(nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (97 in 1:07-cv-11484-SAS, 1143 in 1:02-cv-05571-SAS-HBP) Notice of Appeal,. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11484-SAS(nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (1144 in 1:02-cv-05571-SAS-HBP, 113 in 1:07-cv-11305-SAS) Notice of Appeal,. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11305-SAS(nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (108 in 1:07-cv-10995-SAS, 1145 in 1:02-cv-05571-SAS-HBP) Notice of Appeal,. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-10995-SAS(nd)
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USCA Appeal Fees received $ 455.00 receipt number 465401039699 on 5/31/2012 re: (97 in 1:07-cv-11484-SAS, 1143 in 1:02-cv-05571-SAS-HBP) Notice of Appeal, filed by Caisse de Depot et Placement du Quebec. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11484-SAS(nd)
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Filing 1145
NOTICE OF APPEAL from (105 in 1:07-cv-10995-SAS, 1131 in 1:02-cv-05571-SAS-HBP) Order of Dismissal,,. Document filed by Irish Life Investment Managers Limited. Filing fee $ 455.00, receipt number 465401039628. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-10995-SAS(nd)
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Filing 1144
NOTICE OF APPEAL from (110 in 1:07-cv-11305-SAS, 1131 in 1:02-cv-05571-SAS-HBP) Order of Dismissal,,. Document filed by AGF Asset Management, S.A.. Filing fee $ 455.00, receipt number 465401039629. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11305-SAS(nd)
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Filing 1143
NOTICE OF APPEAL from (94 in 1:07-cv-11484-SAS, 1131 in 1:02-cv-05571-SAS-HBP) Order of Dismissal,,. Document filed by Caisse de Depot et Placement du Quebec. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11484-SAS(nd)
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Appeal Fee Due: for (97 in 1:07-cv-11484-SAS, 1143 in 1:02-cv-05571-SAS-HBP) Notice of Appeal,.$455.00 Appeal fee due by 6/13/2012. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11484-SAS(nd)
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Filing 1142
STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties and their respective counsels that the above-captioned actions were dismissed, with prejudice, against Defendants Vivendi Universal, S.A., Jean-Marie Messier, and Guillaume Hannezo. Accordingly, the parties stipulate to the dismissal of the actions against all Defendants with prejudice, but without costs. (Signed by Judge Shira A. Scheindlin on 5/17/2012) (mro)
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Filing 1141
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #1126 MOTION to Amend/Correct the Class Definition. AND DAMAGE CALCULATION ISSUES. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1140
SEALED DOCUMENT placed in vault.(mps) Modified on 5/10/2012 (mps).
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Filing 1139
DECLARATION of Richard B. Margolies in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Amin-Giwner, Stephanie)
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Filing 1138
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re Motion for Prejudgment Interest. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
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Filing 1137
DECLARATION of Caitlyn M. Campbell in Support re: #1136 Reply Memorandum of Law in Support,. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Quinn, James)
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Filing 1136
REPLY MEMORANDUM OF LAW in Support re: #1125 Memorandum of Law in Response to the Court's Request for Supplemental Briefing Regarding the Substantial Risk of Investing in Vivendi During the Class Period.. Document filed by Vivendi, S.A.. (Quinn, James)
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Filing 1135
DECLARATION of Daniel Slifkin in Opposition re: #1126 MOTION to Amend/Correct the Class Definition.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Slifkin Declaration, #2 Exhibit 2 to Slifkin Declaration (Sealed), #3 Exhibit 3 to Slifkin Declaration)(Slifkin, Daniel)
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Filing 1134
MEMORANDUM OF LAW in Opposition re: #1126 MOTION to Amend/Correct the Class Definition. ("Vivendi's Memorandum Of Law In Opposition To Plaintiffs' Motion For Amendment To The Class Definition"). Document filed by Vivendi, S.A.. (Slifkin, Daniel)
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Filing 1133
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 4/24/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1132
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/24/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/3/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1131
ORDER OF DISMISSAL: that the actions (that are listed in this Order) are dismissed with prejudice, but without costs (the "Dismissed Actions"). The Clerk of the Court is directed to close the Dismissed Actions and any pending motions in those actions. To the extent that plaintiffs in the Dismissed Actions also assert claims in actions 09 Civ. 2568, 09 Civ. 2592 or 09 Civ. 2603, such plaintiffs' claims in these actions also are dismissed with prejudice. (Signed by Judge Shira A. Scheindlin on 4/30/2012) Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(pl)
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Filing 1130
DECLARATION of Dr. Blaine F. Nye in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Amin-Giwner, Stephanie)
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Filing 1129
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re Supplemental Memorandum of Law in Support of Motion for Award of PreJudgment Intertest. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
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Filing 1128
MEMORANDUM OF LAW in Support re: #1126 MOTION to Amend/Correct the Class Definition. Supplemental Memorandum Regarding Class Definition and Damage Calculation Issues. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A)(Amin-Giwner, Stephanie)
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Filing 1127
DECLARATION of Caitlyn M. Campbell in Support re: #1125 Memorandum of Law. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Quinn, James)
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Filing 1126
MOTION to Amend/Correct the Class Definition. Document filed by Bruce Doniger.(Amin-Giwner, Stephanie)
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Filing 1125
MEMORANDUM OF LAW in Response to the Court's Request for Supplemental Briefing Regarding the Substantial Risk of Investing in Vivendi During the Class Period. Document filed by Vivendi, S.A.. (Quinn, James)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 4/24/2012. (js)
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Filing 1124
ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Penny P. Reid dated 4/23/2012 re: We write to ask the Court's permission to file twenty-five exhibits. ENDORSEMENT: Request granted. Defendants may file 25 exhibits, each of which may not exceed 15 pages. So ordered. (Signed by Judge Shira A. Scheindlin on 4/24/2012) (lmb)
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Filing 1123
MOTION for William H. Narwold and the law firm of Motley Rice LLC to Withdraw as Attorney. Document filed by Baden-Wurttembergische Investmentgesellschaft mbH, Barclays Global Investors (Deutcshland), Cominvest Asset Management GMBH, DWS (Austria) Investmentgesellschaft mbH, DWS Investment GmbH, Deutsche Asset Management Investment gesellschaft mbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Forsta AP-fonden.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-08830-SAS, 1:07-cv-10578-SAS, 1:07-cv-10954-SAS, 1:07-cv-11297-RJH(Narwold, William)
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Filing 1122
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/2/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1121
TRANSCRIPT of Proceedings re: Conference held on 4/2/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2012. Redacted Transcript Deadline set for 5/21/2012. Release of Transcript Restriction set for 7/19/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1120
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/3/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1119
TRANSCRIPT of Proceedings re: Hearing held on 4/2/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/7/2012. Redacted Transcript Deadline set for 5/17/2012. Release of Transcript Restriction set for 7/13/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
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Filing 1118
ORDER:The briefing schedule for the parties submissions concerning the class definition and the computation of damages is amended as follows: (1) opening briefs are due April 25, 2012; (2) opposition briefs are due May 9, 2012; and (3) reply briefs are due May 16, 2012. The schedule for the parties supplemental submissions concerning prejudgment interest is amended as follows: (1) opening submissions are due Apri1 25, 2012; and (2) reply submissions are due May 9, 2012., ( Motions due by 4/25/2012., Responses due by 5/9/2012., Replies due by 5/16/2012.) (Signed by Judge Shira A. Scheindlin on 4/4/2012) (lmb)
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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 4/2/2012. (lmb)
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Filing 1117
OPINION AND ORDER re: #1016047 #1092 MOTION to Dismiss filed by Guillaume Hannezo. For the foregoing reasons, Hannezo's motion is denied. The Clerk of the Court is directed to close this motion in the following cases: [Docket No. 1092] in 02 Civ. 5571; [Docket No. 20] in 09 Civ. 2568; [Docket No. 33] in 09 Civ. 2592; [Docket No. 28] in 09 Civ. 2603; [Docket No. 17] in 09 Civ. 2611. (Signed by Judge Shira A. Scheindlin on 3/20/2012) (lmb) Modified on 3/27/2012 (jab).
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Filing 1116
NOTICE OF CASE REASSIGNMENT to Judge Shira A. Scheindlin. Judge Richard J. Holwell is no longer assigned to the case. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(sjo)
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Filing 1115
MEMORANDUM OPINION AND ORDER re: #101389 #1086 MOTION for Entry of Judgment under Rule 54(b) As To The Claims Of Ordinary Share Purchasers filed by Bruce Doniger: For the reasons set forth within, the Court DENIES the plaintiffs' motion for entry of judgment as to the claims of ordinary-share purchasers pursuant to Federal Rule of Civil Procedure 54(b) [ECF No. 1086]. (Signed by Judge Richard J. Holwell on 2/6/2012) (ab) Modified on 2/7/2012 (jab).
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Filing 1114
MEMORANDUM OPINION & ORDER re: #101360 (1095 in 1:02-cv-05571-RJH-HBP) MOTION for Judgment on the Pleadings (Partial Judgment) filed by Vivendi Universal S.A. For the reasons stated in this Memorandum Opinion & Order, the Court GRANTS the Defendants' motion for partial judgment on the pleadings [ECF No.1 095], and the Ordinary Share Claims of the Individual Plaintiffs in the above-captioned eases are dismissed (Signed by Judge Richard J. Holwell on 1/27/2012) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al. (also docketed in additional cases on page 1 of this opinion)(cd) Modified on 2/1/2012 (jab).
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Filing 1113
REPLY MEMORANDUM OF LAW in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1112
ENDORSED LETTER addressed to Judge Richard J. Holwell from Arthur N. Abbey dated 11/22/2011 re: Counsel for the Class Plaintiffs request a two-week extension of the time in which to file their reply papers in further support of their motion, from 12/5/2011 to 12/19/2011. ENDORSEMENT: SO ORDERED. (Replies due by 12/19/2011.) (Signed by Judge Richard J. Holwell on 11/26/2011) (ft)
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Filing 1111
NOTICE OF CHANGE OF ADDRESS by Stuart M. Grant on behalf of Norges Bank and others. New Address: Grant & Eisenhofer P.A., 123 Justison Street, Wilmington, Delaware, USA 19801, (302) 622-7000. (Grant, Stuart)
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Filing 1110
CERTIFICATE OF SERVICE of Memorandum of Law in Opposition served on Abbey Spanier Rodd & Abrams, LLP; Brower Piven, PC; King & Spalding LLP; Milberg LLP; Schulte Roth & Zabel LLP on 11/7/2011. Service was made by Federal Express. Document filed by Vivendi, S.A.. (Reid, Penny)
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Filing 1109
MEMORANDUM OF LAW in Opposition re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Vivendi, S.A.. (Reid, Penny)
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Filing 1108
DECLARATION of Satyam N. Bee in Opposition re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Guillaume Hannezo, Gullaume Hannezo, Jean-Marie Messier. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Malone, Michael)
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Filing 1107
MEMORANDUM OF LAW in Opposition re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Guillaume Hannezo, Gullaume Hannezo, Jean-Marie Messier. (Malone, Michael)
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Filing 1106
ENDORSED LETTER addressed to Judge Richard J Holwell from James Sabella dated 10/7/2011 re: There should be no need for additional briefing. ENDORSEMENT: The defendants' Motion for Judgment on the pleadings is deemed to cover claims under both the Securities Act of 1933 and Securities Exchange Act of 1934. (Signed by Judge Richard J. Holwell on 10/17/2011) (cd)
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Filing 1105
REPLY MEMORANDUM OF LAW in Support re: #1095 MOTION for Judgment on the Pleadings (Partial Judgment).. Document filed by Vivendi, S.A.. (Reid, Penny)
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Filing 1104
JOINT SCHEDULING ORDER: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Reliance Phase"; Renewed Motion for award of prejudgment Interest; motion regarding plaintiffs' application for attorneys' fees and costs - Responses due by 11/7/2011. Replies due by 12/5/2011. (Signed by Judge Richard J. Holwell on 10/4/2011) (ab)
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Filing 1103
CERTIFICATE OF SERVICE. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
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Filing 1102
DECLARATION of Stephanie Amin-Giwner in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Amin-Giwner, Stephanie)
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Filing 1101
MEMORANDUM OF LAW in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
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Filing 1100
MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Reliance Phase"; Renewed Motion for award of prejudgment Interest; motion regarding plaintiffs' application for attorneys' fees and costs. Document filed by Bruce Doniger.(Amin-Giwner, Stephanie)
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Filing 1099
MEMORANDUM OF LAW in Opposition re: (1092 in 1:02-cv-05571-RJH -HBP) MOTION to Dismiss. Individual Plaintiffs' Memorandum of Law in Response to Defendant Guillaume Hannezo's Renewed Motion to Dismiss. Document filed by HSBC Trinkaus & Burkhardt AG, Frankfurt-Trust Invest Luxemburg AG, Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurter Service Kapitalanlagegesellschaft MBH, Swiss Life (Belgium) S.A., Swiss Life Asset Management (Nederland) B.V., Swiss Life Asset Management AG, Swiss Life Asset Management GmbH, Swiss Life Funds AG, Swiss Life Holding AG, Swiss Life Investment Management Holding AG, Internationale Kapitalanlagegesellschaft mbH. Filed In Associated Cases: 1:02-cv-05571-RJH -HBP et al.(Sabella, James)
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Filing 1098
MEMORANDUM OF LAW in Opposition re: (1095 in 1:02-cv-05571-RJH -HBP) MOTION for Judgment on the Pleadings (Partial Judgment). Individual Plaintiffs' Memorandum of Law in Response to Defendants' Motion for Judgment on the Pleadings Based on Morrison v. National Australia Bank. Document filed by Frankfurt-Trust Invest Luxemburg AG, Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurter Service Kapitalanlagegesellschaft MBH, Swiss Life (Belgium) S.A., Swiss Life Asset Management (Nederland) B.V., Swiss Life Asset Management AG, Swiss Life Asset Management GmbH, Swiss Life Funds AG, Swiss Life Holding AG, Swiss Life Investment Management Holding AG, Norges Bank, Internationale Kapitalanlagegesellschaft mbH. Filed In Associated Cases: 1:02-cv-05571-RJH -HBP et al.(Sabella, James)
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Filing 1097
DECLARATION of Penny P. Reid in Support re: #1095 MOTION for Judgment on the Pleadings (Partial Judgment).. Document filed by Vivendi Universal S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Reid, Penny)
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Filing 1096
MEMORANDUM OF LAW in Support re: #1095 MOTION for Judgment on the Pleadings (Partial Judgment).. Document filed by Vivendi Universal S.A.. (Reid, Penny)
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Filing 1095
MOTION for Judgment on the Pleadings (Partial Judgment). Document filed by Vivendi Universal S.A.. (Attachments: #1 Certificate of Service)(Reid, Penny)
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Filing 1094
AFFIRMATION of Michael P. Bradley in Support re: #1092 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bradley, Michael)
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Filing 1093
MEMORANDUM OF LAW in Support re: #1092 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 1092
MOTION to Dismiss. Document filed by Guillaume Hannezo.(Perschetz, Martin)
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Filing 1091
ORDER. In light of plaintiffs' intention not to voluntarily dismiss their actions, the Court sets the following briefing schedule for defendants to file any motion: 1. Defendants to move by August 22, 2011. 2. Plaintiffs to oppose by September 22, 2011. 3. Defendant to reply by October 6, 2011. If any party believes that a conference is still necessary, the parties may request a conference by sending a letter to the Court. (Motions due by 8/22/2011. Responses due by 9/22/2011. Replies due by 10/6/2011.) (Signed by Judge Richard J. Holwell on 7/19/11) Filed In Associated Cases: 1:02-cv-05571-RJH -HBP et al.(rjm)
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Filing 1090
MANDATE of USCA (Certified Copy) USCA Case Number 11-0908-mv. Upon due consideration, it is hereby ORDERED that the petition for 23(f) class certification is DENIED because the issues raised by the petition do not relate to the class certification requirements of RUle 23 and the petitioners have not demonstrated that the relevant issues are likely to escape effective review after entry of final judgment, or that the district court's decision is manifestly erroneous. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/20/2011. (nd)
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Transmission of USCA Mandate/Order to the District Judge re: #1090 USCA Mandate,,. (nd)
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Filing 1089
NOTICE OF CHANGE OF ADDRESS by Brian C. Kerr on behalf of Grandchildren's Trust by Bruce Doniger Trustee. New Address: Brower Piven, 488 Madison Avenue, Eighth Floor, New York, NY, United States 10022, 212-501-9000. (Kerr, Brian)
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Filing 1088
MEMORANDUM OF LAW in Opposition re: #1086 MOTION for Entry of Judgment under Rule 54(b) As To The Claims Of Ordinary Share Purchasers. ("Vivendi, S.A.'s Memorandum In Opposition To Plaintiffs' Motion For Entry Of Judgment As To The Claims Of Ordinary Share Purchasers Pursuant To Federal Rule Of Civil Procedure 54(b)"). Document filed by Vivendi, S.A.. (Slifkin, Daniel)
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Filing 1087
MEMORANDUM OF LAW in Support re: #1086 MOTION for Entry of Judgment under Rule 54(b) As To The Claims Of Ordinary Share Purchasers.. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1086
MOTION for Entry of Judgment under Rule 54(b) As To The Claims Of Ordinary Share Purchasers. Document filed by Bruce Doniger.(Margolies, Richard)
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Filing 1085
ORDER denying as moot (1065) Motion for Maxime Delespaul to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP. Class Plaintiffs' motion #1065 for Maxime Delespaul to appear pro hac vice in this matter is denied as moot in light of the Court's dismiss of the claims brought by the foreign purchasers of ordinary shares. (Signed by Judge Richard J. Holwell on 2/25/2011) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(mro)
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Filing 1084
MEMORANDUM OPINION AND ORDER: #99960 For the foregoing reasons, the Court concludes that claims brought by purchasers of Vivendis ordinary shares must be dismissed under Morrison. Going forward, the class shall consist of all persons from the United States, France, England and the Netherlands who purchased or otherwise acquired American Depositary Shares of Vivendi between October 30, 2000 and August 14, 2002. Vivendis motion #969 for judgment as a matter of law, or in the alternative, for a new trial, is denied for the reasons described above, except that the Court grants judgment as a matter of law in Vivendis favor with respect to Statement No. 55 on the Verdict Form. Class Plaintiffs motion for entry of judgment #1013 is denied on the ground that it is premature to enter final judgment prior to the damages phase of this litigation. In light of the Courts conclusion that entry of judgment is premature, Class Plaintiffs motions for an award of pre-judgment interest #1018 and for approval of their proposed notice and claims administration procedure #1024 are denied without prejudice and with leave to re-file at a later date as appropriate. (Signed by Judge Richard J. Holwell on 2/17/2011) (jpo) Modified on 2/24/2011 (ajc).
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Filing 1083
ORDER Because the renewed motion supersedes the motion filed at the close of plaintiffs' case, as an administrative matter the Court hereby closes the original motion for Judgment as a Matter of Law (969). The Clerk is directed to mark the motion as closed on the docket sheet for this case. (Signed by Judge Richard J. Holwell on 9/29/10) (cd)
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Filing 1082
ORDER dismissing as moot #963 Motion for Judgment as a Matter of Law. (Signed by Judge Richard J. Holwell on 9/30/10) (cd)
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Filing 1081
NOTICE OF CHANGE OF ADDRESS by Nathan D. Finch on behalf of Pioneer Investments Austria GmbH. New Address: Motley Rice LLC, 1000 Potomac St., Suite 150, Washington, DC, United States 20007, 202-232-5507. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(Finch, Nathan)
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CASHIERS OFFICE REMARK on #1064 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/27/2010, Receipt Number 910515. (jd)
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Filing 1080
TRANSCRIPT of proceedings held on July 26, 2010 10:00 a.m. before Judge Richard J. Holwell. (ajc)
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Filing 1079
NOTICE of Withdrawal of Attorney. Document filed by AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Alecta Pensionsforsakring, Omsesidigt, Allianz Global Investors Kapitalanlagegesellschaft MBH, Allianz Global Investors, Luxembourg S.A., Arbejdsmarkedets Tillaegspension, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, Arca SGR S.p.A., Danske Invest Administration A/S, Fjarde Ap-Fonden, Ilmarinen Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Nordea Fondbolag Finland AB, Nordea Fondene Norge AS, Nordea Fonder AB, Nordea Invest Fund Management A/S, Nordea Investment Funds Company I.S.A., Pensionskassernes Adminstration A/S, Prima Societa' di Gestione del Risparmio S.p.A., Sjunde Ap-Fonden, Swedbank Robur Fonder AB, Varma Mutual Pension Insurance Company. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(Berman, Stuart)
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Filing 1078
DECLARATION of Douglas J. Dixon in Support of Vivendi, S.A.'s Supplemental Memorandum of Law Regarding the Supreme Court's Decision in Morrison v. National Australia Bank Ltd., No. 08-1191, 561 U.S.--(2010). Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Saunders, Paul)
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Filing 1077
SUPPLEMENTAL MEMORANDUM OF LAW re: #1070 Order, ("Vivendi, S.A.'s Supplemental Memorandum Of Law Regarding The Supreme Court's Decision In Morrison v. National Australia Bank Ltd., No. 08-1191, 561 U.S.---(2010)"). Document filed by Vivendi, S.A.. (Saunders, Paul)
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Filing 1076
CERTIFICATE OF SERVICE of Plaintiffs' Supplemental Memorandum Concerning The Impact of Morrison v. National Australia Bank and Declaration of Richard B. Margolies In Support. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1075
DECLARATION of Richard B. Margolies in Support re: #1074 Memorandum of Law. Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Margolies, Richard)
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Filing 1074
SUPPLEMENTAL MEMORANDUM OF LAW re: #1070 Order, Conerning the Impact of Morrison v. National Australia Bank. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1073
ORDER granting (1072) Motion for Alexandra M. Walsh to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP; granting (123) Motion for Alexandra M. Walsh to Appear Pro Hac Vice in case 1:03-cv-02175-RJH. So Ordered. (Signed by Judge Richard J. Holwell on 7/13/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(js)
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Filing 1072
MOTION for Alexandra M. Walsh to Appear Pro Hac Vice. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(mro)
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Filing 1071
ORDER: Pre-Motion Conference set for 7/26/2010 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 6/29/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(tve)
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Filing 1070
ORDER: Class Plaintiffs' request to file such a motion will be addressed at the hearing on Monday, July 26, 2010 at 10:00 a.m. In addition, Vivendi and Class Plaintiffs are directed to submit supplemental briefs no longer than twenty-five (25) pages by July 14, 2010. SO ORDERED. (Signed by Judge Richard J. Holwell on 6/29/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tve)
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Filing 1069
ORDER: the Court strikes the Harazi Affidavit 1061 from the record and will not consider it or any references thereto in ruling upon the pending post-trial motions. See Continental Cas. Co. v. Howard, 775 F.2d 876, 886 (7th Cir. 1985) (holding that trial court properly ordered an affidavit stricken where it sought to introduce evidence barred by Rule 606(b)).SO ORDERED. (Signed by Judge Richard J. Holwell on 6/24/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tve)
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Filing 1068
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #1063 Motion for Stephen H. Cypen to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 6/24/2010) (jpo)
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Filing 1067
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #1064 Motion for Jeffrey A. Lamken to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 6/24/2010) (jpo)
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CASHIERS OFFICE REMARK on #1063 Motion to Appear Pro Hac Vice, #1064 Motion to Appear Pro Hac Vice, #1065 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 06/15/2010, Receipt Number 906273. (jd)
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Filing 1066
REPLY MEMORANDUM OF LAW in Support re: #1065 MOTION for Maxine Delespaul to Appear Pro Hac Vice.. Document filed by Miami Group, Gerard Morel, Oliver M. Gerard. (Spencer, Michael)
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Filing 1062
RESPONSE ("Defendants' Opposition To The Motion To Admit Maxime Delespaul Pro Hac Vice As Counsel For Plaintiff Gerard Morel"). Document filed by Jean-Marie Messier, Vivendi, S.A., Gullaume Hannezo. (Saunders, Paul)
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Filing 1065
MOTION for Maxine Delespaul to Appear Pro Hac Vice. Document filed by Gerard Morel.(mro) (mro).
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Filing 1064
MOTION for Jeffrey A. Lamken to Appear Pro Hac Vice. Document filed by Bruce Doniger.(mro)
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Filing 1063
MOTION for Stephen H. Cypen to Appear Pro Hac Vice. Document filed by The retirement System for General Employees of the City of Miami Beach.(mro)
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Filing 1060
REPLY MEMORANDUM OF LAW in Support ("Reply Memorandum Of Law In Support Of Vivendi, S.A.'s Renewed Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b), Or, In The Alternative, For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure"). Document filed by Vivendi, S.A.. (Saunders, Paul)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Paul Saunders to RE-FILE Document #1058 Memorandum of Law in Support. Use the event type Reply Memorandum of Law in Support(non-motion) found under the event list Other Answers. (KA)
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***STRICKEN DOCUMENT. Deleted document number 1061 from the case record. The document was stricken from this case pursuant to #1069 Order. (tve)
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Filing 1059
DECLARATION of Douglas J. Dixon in Support. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 51 to Dixon Declaration, #2 Exhibit 52 to Dixon Declaration, #3 Exhibit 53 to Dixon Declaration, #4 Exhibit 54 to Dixon Declaration, #5 Exhibit 55 to Dixon Declaration, #6 Exhibit 56 to Dixon Declaration, #7 Exhibit 57 to Dixon Declaration, #8 Exhibit 58 to Dixon Declaration, #9 Exhibit 59 to Dixon Declaration, #10 Exhibit 60 to Dixon Declaration, #11 Exhibit 61 to Dixon Declaration, #12 Exhibit 62 to Dixon Declaration, #13 Exhibit 63 to Dixon Declaration)(Saunders, Paul)
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Filing 1058
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support ("Reply Memorandum Of Law In Support Of Vivendi, S.A.'s Renewed Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b), Or, In The Alternative, For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure"). Document filed by Vivendi, S.A.. (Saunders, Paul) Modified on 6/10/2010 (KA).
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Filing 1057
CERTIFICATE OF SERVICE of Plaintiffs' Reply Memorandum In Support Of Their Motion For Entry Of Final Judgment, Plaintiffs' Reply Memorandum In Support Of Post-Verdict Class Notice and Claims Administration and To Require Vivendi To Pay For It, Plaintiffs' Reply Memorandum In Support Of Their Motion For Award Of Prejudgment Interest and Declaration of Richard B. Margolies In Support Of Their Motion For Award Of Prejudgment Interest. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1056
DECLARATION of Richard B. Margolies in Support re: #1018 MOTION for award of prejudgment interest.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Margolies, Richard)
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Filing 1055
REPLY MEMORANDUM OF LAW in Support re: #1018 MOTION for award of prejudgment interest.. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1054
REPLY MEMORANDUM OF LAW in Support re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1053
REPLY MEMORANDUM OF LAW in Support re: #1013 MOTION for Judgment.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A)(Margolies, Richard)
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Filing 1052
DECLARATION of Richard B. Margolies In Support Of Plaintiffs' Opposition To Vivendi's Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b) Or For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure, in Opposition re: #969 MOTION for Judgment as a Matter of Law.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2-Part A, #3 Exhibit 2-Part B, #4 Exhibit 2-Part C, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6-Part A, #9 Exhibit 6-Part B, #10 Exhibit 7-Part A, #11 Exhibit 7-Part B, #12 Exhibit 7-Part C, #13 Exhibit 7-Part D, #14 Exhibit 7-Part E, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19, #27 Exhibit 20, #28 Exhibit 21, #29 Exhibit 22, #30 Exhibit 23, #31 Exhibit 24, #32 Exhibit 25, #33 Exhibit 26, #34 Exhibit 27, #35 Exhibit 28, #36 Exhibit 29, #37 Exhibit 30-Part A, #38 Exhibit 30-Part B, #39 Exhibit 31, #40 Exhibit 32, #41 Exhibit 33, #42 Exhibit 34, #43 Exhibit 35, #44 Exhibit 36, #45 Exhibit 37, #46 Exhibit 38, #47 Exhibit 39, #48 Exhibit 40, #49 Exhibit 41, #50 Exhibit 42, #51 Exhibit 43, #52 Exhibit 44, #53 Exhibit 45, #54 Exhibit 46, #55 Exhibit 47, #56 Exhibit 48, #57 Exhibit 49, #58 Exhibit 50, #59 Exhibit 51, #60 Exhibit 52, #61 Exhibit 53, #62 Exhibit 54, #63 Exhibit 55, #64 Exhibit 56-Part A, #65 Exhibit 56-Part B, #66 Exhibit 57, #67 Exhibit 58-Part A, #68 Exhibit 58-Part B, #69 Exhibit 59, #70 Exhibit 60, #71 Exhibit 61-Part A, #72 Exhibit 61-Part B, #73 Exhibit 61-Part C, #74 Exhibit 61-Part D, #75 Exhibit 61-Part E, #76 Exhibit 62-Part A, #77 Exhibit 62-Part B, #78 Exhibit 62-Part C, #79 Exhibit 62-Part D, #80 Exhibit 63, #81 Exhibit 64, #82 Exhibit 65)(Rodd, Stephen)
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Filing 1051
MEMORANDUM OF LAW in Opposition re: #969 MOTION for Judgment as a Matter of Law. (Plaintiffs' Opposition To Vivendi's Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b) Or For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure). Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 1050
CERTIFICATE OF SERVICE of Plaintiffs' Opposition to Vivendi's Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b) or For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure and Declaration of Richard B. Margolies In Support of Plaintiffs' Opposition. Document filed by Bruce Doniger. (Rodd, Stephen)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Stephen Rodd to RE-FILE Document #1048 Brief. Use the event type Opposition Brief found under the event list Other Documents. NOTE: Link document to document#969. Modified on 5/13/2010 (KA).
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Filing 1049
FILING ERROR - DEFICIENT DOCKET ENTRY - LINKED TO INCORRECT PDF -DECLARATION of Richard B. Margolies in Opposition re: #1013 MOTION for Judgment.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2-Part A, #3 Exhibit 2-Part B, #4 Exhibit 2-Part C, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6-Part A, #9 Exhibit 6-Part B, #10 Exhibit 7-Part A, #11 Exhibit 7-Part B, #12 Exhibit 7-Part C, #13 Exhibit 7-Part D, #14 Exhibit 7-Part E, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19, #27 Exhibit 20, #28 Exhibit 21, #29 Exhibit 22, #30 Exhibit 23, #31 Exhibit 24, #32 Exhibit 25, #33 Exhibit 26, #34 Exhibit 27, #35 Exhibit 28, #36 Exhibit 29, #37 Exhibit 30-Part A, #38 Exhibit 30-Part B, #39 Exhibit 31, #40 Exhibit 32, #41 Exhibit 33, #42 Exhibit 34, #43 Exhibit 35, #44 Exhibit 36, #45 Exhibit 37, #46 Exhibit 38, #47 Exhibit 39, #48 Exhibit 40, #49 Exhibit 41, #50 Exhibit 42, #51 Exhibit 43, #52 Exhibit 44, #53 Exhibit 45, #54 Exhibit 46, #55 Exhibit 47, #56 Exhibit 48, #57 Exhibit 49, #58 Exhibit 50, #59 Exhibit 51, #60 Exhibit 52, #61 Exhibit 53, #62 Exhibit 54, #63 Exhibit 55, #64 Exhibit 56-Part A, #65 Exhibit 56-Part B, #66 Exhibit 57, #67 Exhibit 58-Part A, #68 Exhibit 58-Part B, #69 Exhibit 59, #70 Exhibit 60, #71 Exhibit 61-Part A, #72 Exhibit 61-Part B, #73 Exhibit 61-Part C, #74 Exhibit 61-Part D, #75 Exhibit 61-Part E, #76 Exhibit 62-Part A, #77 Exhibit 62-Part B, #78 Exhibit 62-Part C, #79 Exhibit 62-Part D, #80 Exhibit 63, #81 Exhibit 64, #82 Exhibit 65)(Rodd, Stephen) Modified on 5/13/2010 (kco).
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Filing 1048
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU(OPPOSITION BRIEF)- BRIEF re: #1022 Memorandum of Law in Support, ("Plaintiffs' Opposition To Vivendi's Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b)OrFor A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civl Procedure. Document filed by Bruce Doniger.(Rodd, Stephen) Modified on 5/13/2010 (KA).
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Filing 1047
DECLARATION of Joanna H. D'Avella in Opposition re: #1018 MOTION for award of prejudgment interest.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Errata 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32)(Saunders, Paul)
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Filing 1046
DECLARATION of Dr. William L. Silber in Opposition re: #1018 MOTION for award of prejudgment interest.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Silber Declaration)(Saunders, Paul)
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Filing 1045
MEMORANDUM OF LAW in Opposition re: #1018 MOTION for award of prejudgment interest. ("Vivendi, S.A.'s Memorandum Of Law In Opposition To Plaintiffs' Motion For An Award Of Prejudgment Interest"). Document filed by Vivendi, S.A.. (Saunders, Paul)
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Filing 1044
DECLARATION of Dr. William L. Silber in Opposition re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Silber Declaration)(Saunders, Paul)
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Filing 1043
DECLARATION of Michele E. Connolly in Opposition re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Connolly Declaration, #2 Exhibit 2 to Connolly Declaration, #3 Exhibit 3 to Connolly Declaration, #4 Exhibit 4 to Connolly Declaration, #5 Exhibit 5 to Connolly Declaration, #6 Exhibit 6 to Connolly Declaration, #7 Exhibit 7 to Connolly Declaration, #8 Exhibit 8 to Connolly Declaration, #9 Exhibit 9 to Connolly Declaration, #10 Exhibit 10 to Connolly Declaration, #11 Exhibit 11 to Connolly Declaration, #12 Exhibit 12 to Connolly Declaration)(Saunders, Paul)
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Filing 1042
MEMORANDUM OF LAW in Opposition re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It. ("Vivendi's Memorandum Of Law In Opposition To Plaintiffs' Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It"). Document filed by Vivendi, S.A.. (Attachments: #1 Appendix A to Memorandum Of Law)(Saunders, Paul)
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Filing 1041
DECLARATION of John M. Gildersleeve in Opposition re: #1013 MOTION for Judgment.. Document filed by Vivendi Universal, S.A.. (Attachments: #1 Exhibit 1 to Gildersleeve Declaration, #2 Exhibit 2 to Gildersleeve Declaration, #3 Exhibit 3 to Gildersleeve Declaration, #4 Exhibit 4 to Gildersleeve Declaration, #5 Exhibit 5 to Gildersleeve Declaration, #6 Exhibit 6 to Gildersleeve Declaration, #7 Exhibit 7 to Gildersleeve Declaration)(Saunders, Paul)
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Filing 1040
MEMORANDUM OF LAW in Opposition re: #1013 MOTION for Judgment. ("Vivendi, S.A.'s Memorandum Of Law In Opposition To Plaintiff's Motion For Entry Of Final Judgment"). Document filed by Vivendi, S.A.. (Saunders, Paul)
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Filing 1039
DECLARATION of Lisa L. Albert in Opposition re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Jean-Marie Messier, Guillaume Hannezo, Gullaume Hannezo. (Attachments: #1 Exhibits, #2 Certificate of Service)(Malone, Michael)
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Filing 1038
MEMORANDUM OF LAW in Opposition re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Jean-Marie Messier, Guillaume Hannezo, Gullaume Hannezo. (Attachments: #1 Certificate of Service)(Malone, Michael)
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Filing 1037
DECLARATION of John A. Calabro in Opposition re: #1013 MOTION for Judgment.. Document filed by Jean-Marie Messier, Guillaume Hannezo, Gullaume Hannezo. (Attachments: #1 Exhibits, #2 Certificate of Service)(Malone, Michael)
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Filing 1036
MEMORANDUM OF LAW in Opposition re: #1013 MOTION for Judgment.. Document filed by Jean-Marie Messier, Guillaume Hannezo, Gullaume Hannezo. (Attachments: #1 Certificate of Service)(Malone, Michael)
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CASHIERS OFFICE REMARK on #1035 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 04/23/2010, Receipt Number 901526. (jd)
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Filing 1034
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney Richard P. Sobiecki is admitted to practice pro hac vice as counsel for Plaintiffs Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VII, Inc., LMC USA VIII, Inc., Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc. and Liberty Media International, Inc. in these actions. (Signed by Judge Richard J. Holwell on 4/23/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(tro)
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Filing 1035
MOTION for Richard P. Sobiecki to Appear Pro Hac Vice. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(mro)
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Filing 1033
TRANSCRIPT of Civil Cause for Conference proceedings held on August 1, 2005 before Magistrate Judge Henry B. Pitman. (mro)
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Filing 1032
ORDER, that by this Order, the Court hereby amends its Order dated April 2, 2010 (l029). Defendants' responses to class plaintiffs' Motion for Entry of Final Judgment, Motion for Award of Prejudgment Interest, and Motion for Approval of Post-Verdict Class Notice and Claims Administration and to Require Vivendi to Pay For It shall be filed by May 12, 2010. Class plaintiffs' replies shall be filed by June 9, 2010. (Signed by Judge Richard J. Holwell on 4/12/10) (pl)
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Filing 1031
ENDORSED LETTER addressed to Judge Richard J. Holwell from Arthur N. Abbey dated 4/5/2010 re: Counsel write regarding Vivendi S.A.'s recently filed motion under Rule 50(b) and Rule 59 of the F.R.C.P. The parties have agreed to a short extension to the briefing timetable and respectfully request that the Court approve the following schedule: Plaintiff shall serve and file their opposition no later than 5/12/2010; and Vivendi shall serve and file its reply memorandum of law no later than 6/9/2010. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 4/6/2010) (tro)
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Filing 1030
NOTICE OF APPEARANCE by Bryan Henry Parr on behalf of Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc. (Parr, Bryan)
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Filing 1029
ORDER, that for the reasons stated on the record at trial on January 4, 2010 (Tr. 6728), Class Plaintiffs' Motion for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers #972 is denied. (Signed by Judge Richard J. Holwell on 4/2/10) (pl)
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Filing 1028
ORDER, that the Court is in receipt of the parties' letters regarding the briefing schedule for Class Plaintiffs' Motion for Entry of Final Judgment, Motion for Award of Prejudgment Interest, and that Vivendi's request to postpone briefing on these motions until after the Court has ruled upon Vivendi's Rule 50 and Rule 59 motions is denied. See Fed. R. Civ. P. 58(b)(2). Vivendi's responses to the above-listed motions shall be filed by Apri1 26, 2010, and class plaintiffs' replies shall be filed by May 17, 2010. (Signed by Judge Richard J. Holwell on 4/2/10) (pl)
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Filing 1027
CERTIFICATE OF SERVICE. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1026
DECLARATION of Richard B. Margolies in Support re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Margolies, Richard)
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Filing 1025
MEMORANDUM OF LAW in Support re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 1024
MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It. Document filed by Bruce Doniger.(Margolies, Richard)
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Filing 1023
DECLARATION of Douglas J. Dixon In Support Of Vivendi, S.A.'s Renewed Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b), Or, In The Alternative, For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure. in Support re: #1022 Memorandum of Law in Support,. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43, #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48, #48 Exhibit 49, #49 Exhibit 50, #50 Exhibit 22)(Saunders, Paul)
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Filing 1022
MEMORANDUM OF LAW in Support ("Consolidated Memorandum Of Law In Support Of Vivendi, S.A.'s Renewed Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b), Or, In The Alternative, For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure"). Document filed by Vivendi, S.A.. (Saunders, Paul)
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Filing 1021
CERTIFICATE OF SERVICE. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
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Filing 1020
DECLARATION of Dr. Blaine F. Nye in Support re: #1018 MOTION for award of prejudgment interest.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Amin-Giwner, Stephanie)
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Filing 1019
MEMORANDUM OF LAW in Support re: #1018 MOTION for award of prejudgment interest.. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
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Filing 1018
MOTION for award of prejudgment interest. Document filed by Bruce Doniger.(Amin-Giwner, Stephanie)
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Filing 1017
NOTICE of Motion for Award of Prejudgment Interest. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
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Filing 1016
CERTIFICATE OF SERVICE. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
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Filing 1015
DECLARATION of Stephanie Amin-Giwner in Support re: #1013 MOTION for Judgment.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B)(Amin-Giwner, Stephanie)
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Filing 1014
MEMORANDUM OF LAW in Support re: #1013 MOTION for Judgment.. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
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Filing 1013
MOTION for Judgment. Document filed by Bruce Doniger.(Amin-Giwner, Stephanie)
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Filing 1012
MEMO ENDORSEMENT re: (1011) Motion to Withdraw in case 1:02-cv-05571-RJH-HBP; and (115) Motion to Withdraw in case 1:03-cv-02175-RJH. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 3/10/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(tve)
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Filing 1011
MOTION to Withdraw Steven Gustavson, Jeffrey Lamken, and Robert Kry as Counsel of Record. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Calhoon, Michael)
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Filing 1010
TRANSCRIPT of proceedings held on November 18, 19, 20, 23, 24, 2009 before Judge Richard J. Holwell. (ajc)
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Filing 1008
TRANSCRIPT of proceedings held on October 19, 21, 22, 26, 27, 28, 2010 before Judge Richard J. Holwell. (ajc)
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Filing 1007
TRANSCRIPT of proceedings held on January 11,12,12,14,15,19,20,22,26,28,29, 2010 before Judge Richard J. Holwell. (ajc)
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Filing 1009
TRANSCRIPT of proceedings held on November 4, 5, 6, 9, 10, 2009 before Judge Richard J. Holwell. (ajc)
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Filing 1006
TRANSCRIPT of proceedings held on October 5, 6, 7, 8, 13, 14, 15, 2009 before Judge Richard J. Holwell. (ajc)
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Filing 1005
TRANSCRIPT of proceedings held on October 29, November 2, 3, 2009 before Judge Richard J. Holwell. (ajc)
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Filing 1004
TRANSCRIPT of proceedings held on December 14, 15, 16, 17, 2009 before Judge Richard J. Holwell. (ajc)
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Filing 1003
TRANSCRIPT of proceedings held on November 30, December 1, 2, 3, 2009 before Judge Richard J. Holwell. (ajc)
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Filing 1002
TRANSCRIPT of proceedings held on November 12, 13, 16, 17, 2009 before Judge Richard J. Holwell. (ajc)
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Filing 1001
TRANSCRIPT of proceedings held on January 4, 5, 6, 7, 8, 2010 before Judge Richard J. Holwell. (ajc)
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Filing 1000
TRANSCRIPT of proceedings held on December 4,7,8,9,10,11, 2010 before Judge Richard J. Holwell. (ajc)
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Filing 999
ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul C. Saunders dated 2/12/10 re: counsel for defendants write regarding Vivendi, S.A.'s motions under Rule 50(b) and Rule 59 of the Federal Rules of Civil Procedure. Your Honor left open the briefing schedule in light of the "length of the trial and the complexity of the issues". (rd. at 7634.) Vivendi now proposes the following briefing schedule for its motions: 1. Vivendi shall serve and file a single omnibus memorandum of law in support of its motions under Rule 50(b) and Rule 59 no later than Friday, March 26, 2010, 2. Plaintiffs shall serve and file their opposition no later than Monday, April 26, 2010; and, 3. Vivendi shall serve and file its reply memorandum of law no later than Monday, May 17, 2010. Additional relief as set forth in this Order. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Holwell on 2/22/10) (pl)
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Filing 998
JURY VERDICT FORM (Exhibit # 3).(mbe)
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Filing 997
ORDER that the parties maintaining custody of the exhibits shall, upon request, and within a reasonable time of any such request, make such documents available to members of the public for inspection and/or photocopying at the expense of the party seeking access to the exhibits. SO ORDERED, (Signed by Judge Richard J. Holwell on 2/2/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jmi)
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Filing 996
SEALED DOCUMENT placed in vault.(jri)
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Filing 995
CERTIFICATE OF SERVICE of Defendants' Revised Objections to the Court's Proposed Charge to the Jury served on Abbey Spanier Rodd & Abrams LLP, Browne Woods George LLP, Milberg LLP on 1/6/2010. Document filed by Vivendi, S.A.. (Quinn, James)
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Filing 994
Objection Defendants' Revised Objections to the Court's Proposed Charge to the Jury. Document filed by Vivendi, S.A.. (Quinn, James)
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Filing 993
NOTICE of Plaintiffs' Objections And Responses To The Court's Proposed Jury Instructions And Verdict Form. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Margolies, Richard)
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Filing 992
CERTIFICATE OF SERVICE of Defendants' Offer of Proof Pursuant to Federal Rule of Evidence 103(a)(2) served on Abbey Spanier Rodd & Abrams LLP; Milberg LLP; Browne Woods George LLP on 01/04/2010. Service was made by Mail. Document filed by Vivendi, S.A.. (Quinn, James)
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Filing 991
NOTICE of Defendants' Offer of Proof Pursuant to Federal Rule of Evidence 103(a)(2). Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Quinn, James)
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Filing 990
CERTIFICATE OF SERVICE of Defendants' Objections and Responses to Judge Holwell's Proposed Charge to the Jury served on Abbey Spanier Rodd & Abrams LLP; Milberg LLP; Browne Woods George LLP on 01/04/2010. Service was made by Mail. Document filed by Vivendi, S.A.. (Quinn, James)
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Filing 989
Objection Defendants' Objections and Responses to Judge Holwell's Proposed Charge to the Jury. Document filed by Vivendi, S.A.. (Quinn, James)
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Filing 988
NOTICE of Plaintiffs' Offer of Proof Pursuant to Federal Rule of Evidence 103(a)(2). Document filed by Bruce Doniger. (Margolies, Richard)
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Filing 987
CERTIFICATE OF SERVICE of Supplemental Memorandum of Law in Support of Defendant Guillaume Hannezo's Motion for Judgment as a Matter of Law Pursuant to Rule 50 of the Federal Rules of Civil Procedure on 12/17/09. Document filed by Gullaume Hannezo. (Bradley, Michael)
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Filing 986
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #963 MOTION for Judgment as a Matter of Law.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 985
SEALED DOCUMENT placed in vault.(nm)
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Filing 984
NOTICE of Defendants' Offer of Proof Pursuant to Federal Rule of Evidence 103(a)(2). Document filed by Jean-Marie Messier, Vivendi, S.A., Guillaume Hannezo. (Slifkin, Daniel)
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Minute Entry for proceedings held before Judge Richard J. Holwell: Jury Trial held on 12/8/2009. Jury selection; 10 jurors empaneled. Trial continued. (mro)
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Minute Entry for proceedings held before Judge Richard J. Holwell: Jury Trial held on 12/3/2009. Jury selection; 10 jurors empaneled. Trial continued. (mro)
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Filing 983
DECLARATION of Andrej Lang in Opposition re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Jean-Marie Messier, Vivendi, S.A., Guillaume Hannezo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 - Part 1, #10 Exhibit 9 - Part 2, #11 Exhibit 9 - Part 3, #12 Exhibit 9 - Part 4, #13 Exhibit 9 - Part 5, #14 Exhibit 9 - Part 6, #15 Exhibit 9 - Part 7, #16 Exhibit 10 - Part 1, #17 Exhibit 10 - Part 2, #18 Exhibit 10 - Part 3, #19 Exhibit 10 - Part 4, #20 Exhibit 10 - Part 5, #21 Exhibit 10 - Part 6, #22 Exhibit 11 - Part 1, #23 Exhibit 11 - Part 2, #24 Exhibit 11 - Part 3, #25 Exhibit 11 - Part 4, #26 Exhibit 11 - Part 5, #27 Exhibit 11 - Part 6, #28 Exhibit 12, #29 Exhibit 13)(Cameron, Timothy)
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Filing 982
DECLARATION of Herve Pisani in Opposition re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Jean-Marie Messier, Vivendi, S.A., Guillaume Hannezo. (Attachments: #1 Exhibit 1)(Cameron, Timothy)
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Filing 981
FILING ERROR - DEFICIENT DOCKET ENTRY (See document #983) - DECLARATION of Andrej Lang in Opposition re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Jean-Marie Messier, Vivendi, S.A., Guillaume Hannezo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 - Part 1, #10 Exhibit 9 - Part 2, #11 Exhibit 9 - Part 3, #12 Exhibit 9 - Part 4, #13 Exhibit 9 - Part 5, #14 Exhibit 9 - Part 6, #15 Exhibit 9 - Part 7, #16 Exhibit 10 - Part 1, #17 Exhibit 10 - Part 2, #18 Errata 10 - Part 3, #19 Exhibit 10 - Part 4, #20 Exhibit 10 - Part 5, #21 Exhibit 10 - Part 6, #22 Exhibit 11 - Part 1, #23 Exhibit 10 - Part 2, #24 Exhibit 10 - Part 3, #25 Exhibit 10 - Part 4, #26 Exhibit 10 - Part 5, #27 Exhibit 10 - Part 6, #28 Exhibit 12, #29 Exhibit 13)(Cameron, Timothy) Modified on 12/2/2009 (jar).
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Filing 980
MEMORANDUM OF LAW in Opposition re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers. ("Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Entry of Judgment on Issues Adjudicated by The Autorite Des Marches Financiers"). Document filed by Jean-Marie Messier, Vivendi, S.A., Guillaume Hannezo. (Cameron, Timothy)
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Filing 979
MANDATE of USCA (Certified Copy) USCA Case Number 09-1569-mv. Petitioner, through counsel, moves, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court` s order denying Petitioner`s motion for reconsideration of a class certification order. Upon due consideration, it is hereby ORDERED that the petition is DENIED because an immediate appeal is unwarranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F3d 134, 139-40 (2d Cir. 2001). Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/24/2009. (nd)
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Filing 978
DECLARATION of Matthew F. Popowsky in Opposition re: #977 Memorandum of Law in Opposition,. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cameron, Timothy)
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Filing 977
MEMORANDUM OF LAW in Opposition ("Defendants' Memorandum Of Law In Opposition To Plaintiffs' Motion For Reconsideration Of This Court's Order Excluding Evidence And Argument Concerning Third Party Proceedings"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Cameron, Timothy)
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Filing 976
SEALED DOCUMENT placed in vault.(nm) Modified on 11/24/2009 (nm).
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Filing 975
DECLARATION of Olivia Vasilescu Palmer in Support re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Bruce Doniger, William Cavanagh, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit A - part 1, #2 Exhibit A - part 2, #3 Exhibit A - part 3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Kerr, Brian)
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Filing 974
FILING ERROR - DEFICIENT DOCKET ENTRY (See document #975) - DECLARATION of Olivia Vasilescu Palmer in Support re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Bruce Doniger, William Cavanagh, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian) Modified on 11/24/2009 (jar).
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Filing 973
MEMORANDUM OF LAW in Support re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Bruce Doniger, William Cavanagh, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 972
MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers. Document filed by Bruce Doniger, William Cavanagh, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
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Filing 971
MEMORANDUM OF LAW in Support re: #969 MOTION for Judgment as a Matter of Law.. Document filed by Vivendi, S.A.. (Quinn, James)
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Filing 970
DECLARATION of Caitlyn M. Campbell in Support re: #969 MOTION for Judgment as a Matter of Law.. Document filed by Vivendi, S.A.. (Quinn, James)
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Filing 969
MOTION for Judgment as a Matter of Law. Document filed by Vivendi, S.A..(Quinn, James)
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Filing 968
OPPOSITION BRIEF to Defendants' Anticipated Motions for Judgment Pursuant to Rule 50(a). Document filed by Bruce Doniger, William Cavanagh, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
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Filing 967
SEALED DOCUMENT placed in vault.(jri)
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Filing 966
CERTIFICATE OF SERVICE of Notice of Motion, Defendant Guillaume Hannezo's Memorandum of Law in Support of His Motion for Judgment as a Matter of Law Pursuant to Rule 50 of the Federal Rules of Civil Procedure and Affirmation of Michael E. Swartz on 11/23/09. Document filed by Guillaume Hannezo. (Bradley, Michael)
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Filing 965
AFFIRMATION of Michael E. Swartz in Support re: #963 MOTION for Judgment as a Matter of Law.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Swartz, Michael)
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Filing 964
MEMORANDUM OF LAW in Support re: #963 MOTION for Judgment as a Matter of Law.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 963
MOTION for Judgment as a Matter of Law. Document filed by Guillaume Hannezo.(Perschetz, Martin)
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Filing 962
SEALED DOCUMENT placed in vault.(jri)
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Minute Entry for proceedings held before Judge Richard J. Holwell: Trial Conference held on 11/19/2009. Jury selection, 10 jurors empaneled. Trial continued. (mro)
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Filing 961
MEMORANDUM OPINION AND ORDER; #98273 Denying #949 MOTION for Preliminary Injunction for the reasons stated above. (Signed by Judge Richard J. Holwell on 11/19/09) (djc) Modified on 11/25/2009 (eef).
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Minute Entry for proceedings held before Judge Richard J. Holwell: Trial Conference held on 11/16/2009. Jury selection; 10 jurors empaneled. Trial continued. (mro)
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Filing 960
ORDER denying #896 Motion for Judgment on the Pleadings; denying #900 Motion to Dismiss. The Court denies, for administrative purposes, and without prejudice to renew following completion of the Class trial, the following motions: 1. 02cv05571 (In re Vivendi Universal, S.A. Securities Litigation): Defendants Motion for Partial Judgment on the Pleadings of Plaintiffs' Section 12(a)(2) Claims #896 ; 2. 02cv05571 (In re Vivendi Universal, S.A. Securities Litigation): Motion to Dismiss #900 ; 3. 02cv07017 (Seid v. Vivendi Universal, et al): Motion to Dismiss 26 ; 4. 09cv02568 (Irish Life Investment Managers Limited et al v. Guillaume Hannezo): Motion to Dismiss 13 ; 5. 09cv02592 (Allianz Global Investors Kapitalanlagegesellschaft MBH et al v. Hannezo): Motion to Dismiss 26 ; 6. 09cv02603 (AP-Fonden et al v. Hannezo): Motion to Dismiss 22 ; and 7. 09cv02611 (Oppenheim Kapitalanlagegesellschaft M.B.H. et al v. Hannezo): Motion to Dismiss 10 . (Signed by Judge Richard J. Holwell on 11/3/09) (tro)
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***DELETED DOCUMENT. Deleted document number #961 Order. The document was incorrectly filed in this case. (tro)
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Minute Entry for proceedings held before Judge Richard J. Holwell: Trial Conference held 11/2/2009. Jury selection: 12 jurors empaneled. Trial continued. (mro)
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Filing 959
ORDER denying (54) Motion for Leave to File Document; denying (59) Motion in Limine; denying (62) Motion in Limine; denying (65) Motion in Limine; denying (67) Motion to Bifurcate in case 1:07-cv-05742-RJH. The Court denies, for administrative purposes, and without prejudice to renew following completion of the Class trial, the following motions filed in connection with Capitalia Asset Management SGR, S.p.A et al v. Vivendi Universal, S.A. et al (Docket No. 07 Civ. 05742): Individual Plaintiffs' Motion for Leave to Amend Complaints 54 ; Individual Plaintiffs Motion In Limine To Exclude Evidence That Defendants Lost Money On Transactions In Vivendi Securities 59 ; Plaintiffs' Motion In Limine To Preclude Defendants From Arguing Or Offering Evidence Purportedly Showing That Vivendi Securities Did Not Trade In An Efficient Market During The Relevant Time Period 62 ; Motion In Limine To Exclude Evidence Or Argument Regarding Certain Facts About The Individual Plaintiffs 65 ; Individual Plaintiffs' Motion For A Separate Trial On Individualized Issues Relating To Damages 67 . SO ORDERED. (Signed by Judge Richard J. Holwell on 10/26/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jmi)
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Minute Entry for proceedings held before Judge Richard J. Holwell: Trial Conference held on 10/26/2009. Jury selection: 10 jurors empaneled. Trial continued. (mro)
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Filing 958
REPLY MEMORANDUM OF LAW in Support re: #949 MOTION for Preliminary Injunction.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 957
MEMORANDUM OF LAW in Opposition re: #949 MOTION for Preliminary Injunction. ("Defendant Vivendi, S.A.'s Memorandum Of Law In Opposition To Class Plaintiffs' Motion For Preliminary Injunction"). Document filed by Vivendi, S.A.. (Saunders, Paul)
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Filing 956
DECLARATION of Frederic Crepin in Opposition re: #949 MOTION for Preliminary Injunction.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Declaration of Frederic Crepin, #2 Exhibit 2 to Declaration of Frederic Crepin, #3 Exhibit 3 to Declaration of Frederic Crepin, #4 Exhibit 4 to Declaration of Frederic Crepin)(Saunders, Paul)
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Filing 955
DECLARATION of Benjamin D. Brutlag in Opposition re: #949 MOTION for Preliminary Injunction.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Declaration of Benjamin D. Brutlag, #2 Exhibit 2 to Declaration of Benjamin D. Brutlag)(Saunders, Paul)
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Filing 954
DECLARATION of Herve Pisani in Opposition re: #949 MOTION for Preliminary Injunction.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Declaration of Herve Pisani, #2 Exhibit 2 to Declaration of Herve Pisani, #3 Exhibit 3 to Declaration of Herve Pisani)(Saunders, Paul)
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Minute Entry for proceedings held before Judge Richard J. Holwell: Pretrial Conference held on 10/14/2009. Jury selection: 11 jurors empaneled. Trial continued. (mro)
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Filing 953
ORDER: The Court denies, for administrative purposes, and without prejudice to renew following completion of the Class trial, the following in limine motions filed in connection with Polland, et al v. Vivendi Universal, et al (Case No. 02cv07346): Defendants' Motion to Exclude Evidence and Argument Concerning Allegations Abandoned by the Plaintiffs 32 ; Defendants' Motion to Exclude Certain Deposition Testimony of Jean Bouquot, Bernard Cattenoz, and Bernard Rabier 33 ; Defendants' Motion to Exclude the Deposition Testimony of Guy Leslondes and Christian Rauch 34 ; Defendants' Motion to Exclude Evidence of the French Inquiry into Certain Events Relating to Current and Former Vivendi Employees 35 ; Defendants' Motion to Exclude Evidence and Argument Regarding Allegations Unrelated to Vivendi's Liquidity 36 ; Defendants' Motion to Exclude Evidence Related to the July I, 2002 Termination Agreement between Vivendi and Messier 37 ; Defendants' Motion to Exclude Evidence and Argument Regarding Alleged Misrepresentations That Did Not Inflate Vivendi's Share Price 38 ; Defendants' Motion to Exclude the Expert Testimony of Dr. Blaine Nye 39 ; Defendants' Motion to Exclude the Expert Testimony of Xavier Oustalniol 40 ; Defendants' Motion to Exclude Certain Deposition Testimony and Other Evidence of Florence-Helime Sanial 41 ; Defendants' Motion to Exclude Evidence and Argument Concerning Dismissed Share Repurchase and Put Option Allegations 42 ; Defendants' Motion to Exclude Summaries and Transcripts of Statements Made to Agencies and Foreign Tribunals 43 ; and Defendants' Motion to Exclude Evidence and Argument Concerning Third Party Proceedings 44 . SO ORDERED. (Signed by Judge Richard J. Holwell on 10/9/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tve)
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Filing 952
AFFIDAVIT of Morel in Support re: #949 MOTION for Preliminary Injunction.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 951
DECLARATION of Olivia Vasilescu Palmer in Support re: #949 MOTION for Preliminary Injunction.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Kerr, Brian)
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Filing 950
MEMORANDUM OF LAW in Support re: #949 MOTION for Preliminary Injunction.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 949
MOTION for Preliminary Injunction. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
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Minute Entry for proceedings held before Judge Richard J. Holwell: Pretrial Conference held on 10/5/2009. Jury selection: 12 jurors empaneled. Opening statements began. (mro)
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Minute Entry for proceedings held before Judge Richard J. Holwell: Initial Pretrial Conference held on 10/5/2009. Jury selection: 12 jurors empaneled. Opening statements began. (pl)
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Filing 948
SEALED DOCUMENT placed in vault.(jri)
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Filing 947
ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul C. Saunders dated 9/29/2009 re: I write on behalf of Defendants Vivemli, S.A. ("Vivendi"), Jean-Marie Messier and Guillaume Hannezo ("Defendants") regarding logistics for the upcoming trial of the above-referenced case. The all parties have agreed upon the, courtroom technology setup Represented in the diagram enclosed herewith as Exhibit A. With the Court's permission, the parties' vendors will assemble that equipment at the courthouse on September 30, 2009, and will need access to the freight elevators for that purpose. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 9/29/2009) (jmi)
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Filing 944
SEALED DOCUMENT placed in vault.(jri)
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Filing 946
SEALED DOCUMENT placed in vault.(jri) Modified on 9/29/2009 (jri).
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Filing 945
SEALED DOCUMENT placed in vault.(jri) Modified on 9/29/2009 (jri).
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Filing 942
SEALED DOCUMENT placed in vault.(jri)
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Filing 941
SEALED DOCUMENT placed in vault.(jri)
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Filing 940
SEALED DOCUMENT placed in vault.(jri)
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Filing 939
DECLARATION of Olivia Vasilescu Palmer in Support re: #938 MOTION in Limine Class Plaintiffs' Motion In Limine to Preclude Defendants from: (1) Calling GAMCO Witnesses in the Class Action Trial; and (2) Offering Evidence at the Class Action Trial Relating to the Individual Investment Decisions of the MOTION in Limine Class Plaintiffs' Motion In Limine to Preclude Defendants from: (1) Calling GAMCO Witnesses in the Class Action Trial; and (2) Offering Evidence at the Class Action Trial Relating to the Individual Investment Decisions of the. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 938
MOTION in Limine Class Plaintiffs' Motion In Limine to Preclude Defendants from: (1) Calling GAMCO Witnesses in the Class Action Trial; and (2) Offering Evidence at the Class Action Trial Relating to the Individual Investment Decisions of the Class Representatives. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
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Filing 937
SEALED DOCUMENT placed in vault.(jri)
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Filing 936
MOTION to Quash NOTICE OF MOTION TO QUASH SUBPOENAS. Document filed by A. Hartswell Woodson, Andrew Rittenbury. (Attachments: #1 Text of Proposed Order)(McGuire, Harold)
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Filing 933
ORDER: The trial presently scheduled to begin 9/29/09 is adjourned to 10/5/2009 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 9/14/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tro)
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Filing 935
SEALED DOCUMENT placed in vault.(jri)
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Filing 934
SEALED DOCUMENT placed in vault.(jri)
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Filing 932
SEALED DOCUMENT placed in vault.(jri)
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Filing 943
ORDER FOR WITHDRAWAL ON WRITTEN MOTION: It is hereby ordered that Ann Kimmel Ritter is no longer attorney of record for Plaintiff's in the above-referenced cases. (Signed by Judge Richard J. Holwell on 9/6/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(jfe)
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Filing 930
ORDER. The Clerk of the Court is directed to strike Document No. 927 from the Court's docket. (Signed by Judge Richard J. Holwell on 9/6/09) (rjm)
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Filing 931
TRANSCRIPT of proceedings held on 8/14/09 before Judge Richard J. Holwell. (ldi)
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Filing 929
ORDER (REDACTED): ORDER denying #812 Motion in Limine; deferring ruling on #817 Motion to Bifurcate; granting #821 Motion in Limine; granting in part and denying in part #823 Motion in Limine; granting #824 Motion in Limine; granting in part and denying in part #825 Motion in Limine; granting in part and denying in part #826 Motion in Limine; denying #827 Motion in Limine; granting in part and denying in part #828 Motion in Limine; denying #829 Motion in Limine; granting #830 Motion in Limine; granting in part and denying in part #831 Motion in Limine; granting in part and denying in part #832 Motion in Limine; granting #833 Motion in Limine; denying #834 Motion in Limine. the Court GRANTS Messier and Hannezo's Motion to Exclude Evidence of Their Permitted Use of Certain Vivendi Assets. The Court GRANTS Messier and Hannezo's Motion to Preclude References to "Insider Trading" or "Insider Information", except that the Court reserves on whether plaintiffs may use the terms in their closings. The Court GRANTS Messier's Motion to Exclude Deposition Testimony of Jean-Charles Brisard. The Court GRANTS defendant Messier's Motion to Exclude Evidence of Samuel Minzberg's Memo. The following motions are not disposed of, or otherwise addressed by, this Order andremain pending: Class Plaintiffs' Motion to Exclude Certain Opinions of Dr. William Silber and All of the Testimony of Mr. Ronald Gilson #836 ; Class Plaintiffs' Motion to Exclude the Testimony of Peter Walton #839 ; Class Plaintiffs' Motion in limine #842 ; defendants' Motion for Partial Judgment on the Pleadings of Plaintiffs' Section l2(a)(2) Claims #896 ; Hannezo'sMotion to Dismiss #900 ; defendants' Motion to Exclude the Report of Special Master Neil Cartusciello #905 ; and plaintiffs letter motion for sanctions against Vivendi for failing to turn over certain legal documents generated in the arbitration between Messier and Vivendi. The Court will hear argument on these motions and any remaining issues on August 14, 2009 at 11:30 a.m. in Courtroom 17B, 500 Pearl Street, New York, NY 10007. (Signed by Judge Richard J. Holwell on 8/12/09) (db)
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Set/Reset Hearings: Oral Argument set for 8/14/2009 at 11:30 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (db)
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Filing 928
MOTION for Ann Kimmel Ritter to Withdraw as Attorney. Document filed by Union Asset Mangement Holding AG, SEB Investment Mangement AB, Raiffeisen Kapitalanlage-Gesellschaft m.b.H, Pioneer Investments Kapitalanlage-Gesellschaft m.b.H., Pioneer Investments Austria GmbH, LRI Landsbank Rheinland-Pfalz International S.A., Oppenheim Kapitalanlagegesellschaft mbH, Landesbank Berlin Investment GmbH, Deutsche Asset Management Investmentgesellschaft mbH, DWS Investment GmbH, Skandia Insurance Company Ltd., Fortis Investment Management SA, Barclays Global Investors (Deutcshland), SEB Investment GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Oppenheim Asset Management Services S.`ar.l., Pioneer Investment Management SGRPA, Universal-Investment-Gesellshaft mbH, DWS (Austria) Investmentgesellschaft mbH.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(Narwold, William)
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***STRICKEN DOCUMENT. Deleted document number 927 from the case record. The document was stricken from this case pursuant to #930 Order. (rjm)
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Set/Reset Hearings: Oral Argument set for 8/14/2009 at 11:30 PM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (jfe)
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Filing 926
SEALED DOCUMENT placed in vault.(rt)
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Filing 925
SEALED DOCUMENT placed in vault.(rt)
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Filing 924
ANSWER to Amended Complaint with JURY DEMAND. Document filed by Vivendi Universal S.A.. Related document: #899 Amended Complaint,,,, filed by Oppenheim Asset Management Services S.a.r.l., Forsta AP-fonden, Pioneer Investment Management SGRPA, Landesbank Berlin Investment GmbH, DWS (Austria) Investmentgesellschaft mbH, SEB Investment GmbH, Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Oppenheim Kapitalanlagegesellschaft mbH, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Deutsche Asset Management Investmentgesellschaft mbH, Fortis Investment Management SA, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Barclays Global Investors (Deutcshland), Pioneer Investments Austria GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., DWS Investment GmbH, KBC Asset Management N.V., LBBW Luxemburg S.A., SEB Investment Management AB.(Saunders, Paul)
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Filing 923
ANSWER to Amended Complaint with JURY DEMAND. Document filed by Vivendi Universal S.A.. Related document: 910 Amended Complaint,,,,,,,,,,, filed by Oppenheim Asset Management Services S.a.r.l., Capitalia Investment Management S.A., Forsta AP-fonden, Interfund Sica V, Andra Ap-Fonden, Fjarde AP-Fonden, Tredje Ap-Fonden, KBC Asset Management SA, Fortis Investment Management SA, AFA Livforsakringsaktiebolag, Barclays Global Investors (Deutcshland), Internationale Kapitalanlagegesellschaft mbH, AMF Pension Fondforvaltning AB, Nordea Fondene Norge AS, Helaba Invest Kapitalanlagegesellschaft MBH, SEB Investment Management AB, Pioneer Investment Management SGRPA, Metzler Ireland LTD, Edward B Brunswick, Swedbank Robur Fonder AB, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Swiss Life Asset Management (Nederland) B.V., Bayern-Invest Kapitalanlagegesellschaft mbH, SEB Investment GmbH, Oppenheim Kapitalanlagegesellschaft mbH, Capitalia Asset Management SGR, S.p.A., Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Norges Bank, GAMCO Investors, Inc., Pioneer Investments Kapitalanlagegesellschaft mbH, Swiss Life Asset Management AG, Cominvest Asset Management GMBH, Danske Invest Administration A/S, Swiss Life Investment Management Holding AG, Deka International (Ireland) Limited, Sjunde Ap-Fonden, Pearson-Doniger Family, Deka Investment, AFA Trygghetsforsakringsaktiebolag, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Swiss Life Funds AG, Ilmarinen Mutual Pension Insurance Company, Frankfurt-Trust Investment-Gesellschaft MBH, DWS (Austria) Investmentgesellschaft mbH, Frankfurt-Trust Invest Luxemburg AG, Jeffrey Kurtz, HSBC Trinkaus & Burkhardt AG, Deutsche Asset Management Investmentgesellschaft mbH, Pioneer Investments Austria GmbH, Eurizon Capital SGR S.p.A., Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, DWS Investment GmbH, Fideuram Investimenti S.G.R., Nordea Fonder AB, KBC Asset Management N.V., Yong Man Kim, LBBW Luxemburg S.A., Swiss Life Asset Management GmbH, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Landesbank Berlin Investment GmbH, Arca SGR S.p.A., Pensionskassernes Adminstration A/S, AFA Sjukforsakringsaktiebolag, Deka Fundmaster Investmentgesellschaft MBH, Swiss Life Holding AG, Swiss Life (Belgium) S.A., Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Nordea Invest Fund Management A/S, Deka International S.A. Luxemburg, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Miami Group, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Fideuram Gestions S.A., Nordcon Investment Management AG, Arbejdsmarkedets Tillaegspension.(Saunders, Paul)
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Filing 922
ANSWER to Amended Complaint with JURY DEMAND. Document filed by Vivendi Universal S.A.. Related document: 911 Amended Complaint,,,, filed by Deka Investment, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Metzler Ireland LTD, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Frankfurt-Trust Investment-Gesellschaft MBH, Swiss Life Funds AG, Swiss Life Asset Management (Nederland) B.V., Andra Ap-Fonden, Swiss Life (Belgium) S.A., Swiss Life Holding AG, Bayern-Invest Kapitalanlagegesellschaft mbH, Deka Fundmaster Investmentgesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Meag Munich Ergo Asset Management GMBH, Tredje Ap-Fonden, Metzler Investment GmbH, Norges Bank, Deka International S.A. Luxemburg, HSBC Trinkaus & Burkhardt AG, Internationale Kapitalanlagegesellschaft mbH, Nordcon Investment Management AG, Swiss Life Asset Management AG, Fideuram Investimenti S.G.R., Swiss Life Investment Management Holding AG, Helaba Invest Kapitalanlagegesellschaft MBH, Deka International (Ireland) Limited, Swiss Life Asset Management GmbH.(Saunders, Paul)
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Filing 921
ANSWER to Amended Complaint with JURY DEMAND. Document filed by Vivendi Universal S.A.. Related document: #904 Amended Complaint,,,,,,, filed by Allianz Global Investors Kapitalanlagegesellschaft MBH, AFA Trygghetsforsakringsaktiebolag, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Arca SGR S.p.A., Allianz Global Investors Luxembourg S.A., Pensionskassernes Adminstration A/S, Ilmarinen Mutual Pension Insurance Company, Swedbank Robur Fonder AB, AFA Sjukforsakringsaktiebolag, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Fjarde AP-Fonden, Nordea Invest Fund Management A/S, AFA Livforsakringsaktiebolag, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Nordea Fonder AB, Danske Invest Administration A/S, Arbejdsmarkedets Tillaegspension, Sjunde Ap-Fonden, Nordea Fondene Norge AS.(Saunders, Paul)
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Filing 920
ANSWER to Amended Complaint. Document filed by Jean-Marie Messier. Related document: #899 Amended Complaint,,,, filed by Oppenheim Asset Management Services S.a.r.l., Forsta AP-fonden, Pioneer Investment Management SGRPA, Landesbank Berlin Investment GmbH, DWS (Austria) Investmentgesellschaft mbH, SEB Investment GmbH, Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Oppenheim Kapitalanlagegesellschaft mbH, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Deutsche Asset Management Investmentgesellschaft mbH, Fortis Investment Management SA, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Barclays Global Investors (Deutcshland), Pioneer Investments Austria GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., DWS Investment GmbH, KBC Asset Management N.V., LBBW Luxemburg S.A., SEB Investment Management AB.(Straus, Paul)
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Filing 919
ANSWER to Amended Complaint. Document filed by Jean-Marie Messier. Related document: 911 Amended Complaint,,,, filed by Deka Investment, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Metzler Ireland LTD, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Frankfurt-Trust Investment-Gesellschaft MBH, Swiss Life Funds AG, Swiss Life Asset Management (Nederland) B.V., Andra Ap-Fonden, Swiss Life (Belgium) S.A., Swiss Life Holding AG, Bayern-Invest Kapitalanlagegesellschaft mbH, Deka Fundmaster Investmentgesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Meag Munich Ergo Asset Management GMBH, Tredje Ap-Fonden, Metzler Investment GmbH, Norges Bank, Deka International S.A. Luxemburg, HSBC Trinkaus & Burkhardt AG, Internationale Kapitalanlagegesellschaft mbH, Nordcon Investment Management AG, Swiss Life Asset Management AG, Fideuram Investimenti S.G.R., Swiss Life Investment Management Holding AG, Helaba Invest Kapitalanlagegesellschaft MBH, Deka International (Ireland) Limited, Swiss Life Asset Management GmbH.(Straus, Paul)
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Filing 918
ANSWER to Amended Complaint. Document filed by Jean-Marie Messier. Related document: 910 Amended Complaint,,,,,,,,,,, filed by Oppenheim Asset Management Services S.a.r.l., Capitalia Investment Management S.A., Forsta AP-fonden, Interfund Sica V, Andra Ap-Fonden, Fjarde AP-Fonden, Tredje Ap-Fonden, KBC Asset Management SA, Fortis Investment Management SA, AFA Livforsakringsaktiebolag, Barclays Global Investors (Deutcshland), Internationale Kapitalanlagegesellschaft mbH, AMF Pension Fondforvaltning AB, Nordea Fondene Norge AS, Helaba Invest Kapitalanlagegesellschaft MBH, SEB Investment Management AB, Pioneer Investment Management SGRPA, Metzler Ireland LTD, Edward B Brunswick, Swedbank Robur Fonder AB, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Swiss Life Asset Management (Nederland) B.V., Bayern-Invest Kapitalanlagegesellschaft mbH, SEB Investment GmbH, Oppenheim Kapitalanlagegesellschaft mbH, Capitalia Asset Management SGR, S.p.A., Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Norges Bank, GAMCO Investors, Inc., Pioneer Investments Kapitalanlagegesellschaft mbH, Swiss Life Asset Management AG, Cominvest Asset Management GMBH, Danske Invest Administration A/S, Swiss Life Investment Management Holding AG, Deka International (Ireland) Limited, Sjunde Ap-Fonden, Pearson-Doniger Family, Deka Investment, AFA Trygghetsforsakringsaktiebolag, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Swiss Life Funds AG, Ilmarinen Mutual Pension Insurance Company, Frankfurt-Trust Investment-Gesellschaft MBH, DWS (Austria) Investmentgesellschaft mbH, Frankfurt-Trust Invest Luxemburg AG, Jeffrey Kurtz, HSBC Trinkaus & Burkhardt AG, Deutsche Asset Management Investmentgesellschaft mbH, Pioneer Investments Austria GmbH, Eurizon Capital SGR S.p.A., Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, DWS Investment GmbH, Fideuram Investimenti S.G.R., Nordea Fonder AB, KBC Asset Management N.V., Yong Man Kim, LBBW Luxemburg S.A., Swiss Life Asset Management GmbH, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Landesbank Berlin Investment GmbH, Arca SGR S.p.A., Pensionskassernes Adminstration A/S, AFA Sjukforsakringsaktiebolag, Deka Fundmaster Investmentgesellschaft MBH, Swiss Life Holding AG, Swiss Life (Belgium) S.A., Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Nordea Invest Fund Management A/S, Deka International S.A. Luxemburg, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Miami Group, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Fideuram Gestions S.A., Nordcon Investment Management AG, Arbejdsmarkedets Tillaegspension.(Straus, Paul)
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Filing 917
ANSWER to Amended Complaint. Document filed by Jean-Marie Messier. Related document: #904 Amended Complaint,,,,,,, filed by Allianz Global Investors Kapitalanlagegesellschaft MBH, AFA Trygghetsforsakringsaktiebolag, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Arca SGR S.p.A., Allianz Global Investors Luxembourg S.A., Pensionskassernes Adminstration A/S, Ilmarinen Mutual Pension Insurance Company, Swedbank Robur Fonder AB, AFA Sjukforsakringsaktiebolag, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Fjarde AP-Fonden, Nordea Invest Fund Management A/S, AFA Livforsakringsaktiebolag, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Nordea Fonder AB, Danske Invest Administration A/S, Arbejdsmarkedets Tillaegspension, Sjunde Ap-Fonden, Nordea Fondene Norge AS.(Straus, Paul)
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Filing 916
CERTIFICATE OF SERVICE of Answer and Affirmative Defenses to Capitalia's and PIA's amended complaints. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 915
ANSWER to Amended Complaint with JURY DEMAND., ANSWER to Amended Complaint with JURY DEMAND. Document filed by Guillaume Hannezo. Related document: #899 Amended Complaint,,,, filed by Oppenheim Asset Management Services S.a.r.l., Forsta AP-fonden, Pioneer Investment Management SGRPA, Landesbank Berlin Investment GmbH, DWS (Austria) Investmentgesellschaft mbH, SEB Investment GmbH, Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Oppenheim Kapitalanlagegesellschaft mbH, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Deutsche Asset Management Investmentgesellschaft mbH, Fortis Investment Management SA, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Barclays Global Investors (Deutcshland), Pioneer Investments Austria GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., DWS Investment GmbH, KBC Asset Management N.V., LBBW Luxemburg S.A., SEB Investment Management AB, 910 Amended Complaint,,,,,,,,,,, filed by Oppenheim Asset Management Services S.a.r.l., Capitalia Investment Management S.A., Forsta AP-fonden, Interfund Sica V, Andra Ap-Fonden, Fjarde AP-Fonden, Tredje Ap-Fonden, KBC Asset Management SA, Fortis Investment Management SA, AFA Livforsakringsaktiebolag, Barclays Global Investors (Deutcshland), Internationale Kapitalanlagegesellschaft mbH, AMF Pension Fondforvaltning AB, Nordea Fondene Norge AS, Helaba Invest Kapitalanlagegesellschaft MBH, SEB Investment Management AB, Pioneer Investment Management SGRPA, Metzler Ireland LTD, Edward B Brunswick, Swedbank Robur Fonder AB, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Swiss Life Asset Management (Nederland) B.V., Bayern-Invest Kapitalanlagegesellschaft mbH, SEB Investment GmbH, Oppenheim Kapitalanlagegesellschaft mbH, Capitalia Asset Management SGR, S.p.A., Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, GAMCO Investors, Inc., Norges Bank, Pioneer Investments Kapitalanlagegesellschaft mbH, Swiss Life Asset Management AG, Cominvest Asset Management GMBH, Danske Invest Administration A/S, Swiss Life Investment Management Holding AG, Deka International (Ireland) Limited, Sjunde Ap-Fonden, Pearson-Doniger Family, Deka Investment, AFA Trygghetsforsakringsaktiebolag, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Swiss Life Funds AG, Ilmarinen Mutual Pension Insurance Company, Frankfurt-Trust Investment-Gesellschaft MBH, DWS (Austria) Investmentgesellschaft mbH, Frankfurt-Trust Invest Luxemburg AG, Jeffrey Kurtz, HSBC Trinkaus & Burkhardt AG, Deutsche Asset Management Investmentgesellschaft mbH, Pioneer Investments Austria GmbH, Eurizon Capital SGR S.p.A., Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, DWS Investment GmbH, Fideuram Investimenti S.G.R., Nordea Fonder AB, KBC Asset Management N.V., Yong Man Kim, LBBW Luxemburg S.A., Swiss Life Asset Management GmbH, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Landesbank Berlin Investment GmbH, Arca SGR S.p.A., Pensionskassernes Adminstration A/S, AFA Sjukforsakringsaktiebolag, Deka Fundmaster Investmentgesellschaft MBH, Swiss Life Holding AG, Swiss Life (Belgium) S.A., Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Nordea Invest Fund Management A/S, Deka International S.A. Luxemburg, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Miami Group, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Fideuram Gestions S.A., Nordcon Investment Management AG, Arbejdsmarkedets Tillaegspension, #904 Amended Complaint,,,,,,, filed by Allianz Global Investors Luxembourg S.A., Fjarde AP-Fonden, AFA Livforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Nordea Fondene Norge AS, Swedbank Robur Fonder AB, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Danske Invest Administration A/S, Sjunde Ap-Fonden, AFA Trygghetsforsakringsaktiebolag, Ilmarinen Mutual Pension Insurance Company, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, Nordea Fonder AB, Allianz Global Investors Kapitalanlagegesellschaft MBH, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Arca SGR S.p.A., Pensionskassernes Adminstration A/S, AFA Sjukforsakringsaktiebolag, Nordea Invest Fund Management A/S, Arbejdsmarkedets Tillaegspension.(Perschetz, Martin)
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Filing 914
NOTICE OF CHANGE OF ADDRESS by Anthony Joseph Harwood on behalf of Anthony Joseph Harwood. New Address: Anthony J. Harwood, 100 Park Avenue, 18th Floor, New York, New York, USA 10017-5590, 212-867-6820. (Harwood, Anthony)
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Filing 913
CERTIFICATE OF SERVICE of Reply Memorandum Of Law. on July 22, 2009. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 912
REPLY MEMORANDUM OF LAW in Support re: #900 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 909
MEMORANDUM OF LAW in Opposition re: (90 in 1:07-cv-11305-RJH, 86 in 1:07-cv-10578-RJH, 77 in 1:07-cv-07370-RJH, 72 in 1:07-cv-11483-RJH, 75 in 1:07-cv-07775-RJH, 83 in 1:07-cv-11092-RJH, 75 in 1:07-cv-07779-RJH, 76 in 1:07-cv-07803-RJH, 91 in 1:07-cv-08156-RJH, 74 in 1:07-cv-11484-RJH, 92 in 1:07-cv-08830-RJH, 76 in 1:07-cv-07778-RJH, 67 in 1:08-cv-00418-RJH, 77 in 1:07-cv-09593-RJH, 89 in 1:07-cv-10954-RJH, 76 in 1:07-cv-07776-RJH, 77 in 1:07-cv-07863-RJH, 85 in 1:07-cv-10995-RJH, 83 in 1:07-cv-09229-RJH, 88 in 1:07-cv-05742-RJH, 896 in 1:02-cv-05571-RJH-HBP, 80 in 1:07-cv-08208-RJH) MOTION for Judgment on the Pleadings. Individual Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Partial Judgment on the Pleadings of Individual Plaintiffs' Section 12(a)(2) Claims. Document filed by Norges Bank and others. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 908
PRETRIAL MEMORANDUM. Document filed by Baden-Wurttembergische Investmentgesellschaft mbH.(Kelleher, Leslie)
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Filing 907
MEMORANDUM OF LAW in Opposition re: #900 MOTION to Dismiss.. Document filed by Plaintiffs. (Attachments: #1 Certificate of Service)(Arisohn, Mark)
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney John A. Kehoe for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #904 Amended Complaint to: case_openings@nysd.uscourts.gov. (mro)
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Filing 906
SEALED DOCUMENT placed in vault.(jri) Modified on 7/15/2009 (jri).
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Filing 905
MOTION in Limine Notice of Defendants Vivendi, S.A., Jean-Marie Messier and Guillaume Hannezo's Motion In Limine to Exclude the Report of Special Master Neil Cartusciello. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Cameron, Timothy)
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Filing 903
ORDER: Accordingly, for all the foregoing reasons, (1) the Individual Plaintiffs' application to compel Societe Generale to produce" [a]ll documents concerning Vivendi's acquisition of direct or indirect equity positions in Elektrim Telekomunikacja," is denied and (2) the Individual Plaintiffs' application to compel Vivendi to identify the documents containing information responsive to Interrogatory 20 is granted. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 7/10/2009) Copies Mailed By Chambers.(tve)
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Filing 902
CERTIFICATE OF SERVICE of Notice of Motion and Memorandum of Law in Support. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 901
MEMORANDUM OF LAW in Support re: #900 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 900
MOTION to Dismiss. Document filed by Guillaume Hannezo.(Perschetz, Martin)
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Filing 904
AMENDED COMPLAINT amending #899 Amended Complaint against Jean-Marie Messier, Guillaume Hannezo, Vivendi Universal S.A.Document filed by Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, Pensionskassernes Adminstration A/S, Arbejdsmarkedets Tillaegspension, Industriens Pensionsforikring A/S, Arca SGR S.p.A., Ilmarinen Mutual Pension Insurance Company, Prima Societa' di Gestione del Risparmio S.p.A., Nordea Invest Fund Management A/S, Nordea Fonder AB, Nordea Investment Funds Company I.S.A., Nordea Fondene Norge AS, Nordea Fondbolag Finland AB, Swedbank Robur Fonder AB, Fjarde AP-Fonden, Allianz Global Investors Kapitalanlagegesellschaft MBH, Allianz Global Investors Luxembourg S.A.. Related document: #899 Amended Complaint, filed by Oppenheim Asset Management Services S.a.r.l., Forsta AP-fonden, Pioneer Investment Management SGRPA, Landesbank Berlin Investment GmbH, DWS (Austria) Investmentgesellschaft mbH, SEB Investment GmbH, Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Oppenheim Kapitalanlagegesellschaft mbH, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Deutsche Asset Management Investmentgesellschaft mbH, Fortis Investment Management SA, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Barclays Global Investors (Deutcshland), Pioneer Investments Austria GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., DWS Investment GmbH, KBC Asset Management N.V., LBBW Luxemburg S.A., SEB Investment Management AB.(mro) (mro).
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Filing 911
AMENDED COMPLAINT against Gullaume Hannezo, Jean-Marie Messier, Vivendi Universal S.A..Document filed by Andra Ap-Fonden, Bayern-Invest Kapitalanlagegesellschaft mbH, Deka Investment, Deka International (Ireland) Limited, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Fideuram Investimenti S.G.R., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Helaba Invest Kapitalanlagegesellschaft MBH, HSBC Trinkaus & Burkhardt AG, Internationale Kapitalanlagegesellschaft mbH, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Metzler Ireland LTD, Nordcon Investment Management AG, Norges Bank, Swiss Life Holding AG, Swiss Life Investment Management Holding AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Asset Management (Nederland) B.V., Tredje Ap-Fonden, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH.(mbe)
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Filing 910
AMENDED COMPLAINT against all defendants.Document filed by Edward B Brunswick, Jeffrey Kurtz, Yong Man Kim, Miami Group, Pearson-Doniger Family, GAMCO Investors, Inc., Oppenheim Kapitalanlagegesellschaft mbH, KBC Asset Management N.V., Capitalia Asset Management SGR, S.p.A., Capitalia Investment Management S.A., Eurizon Capital SGR S.p.A., Baden-Wurttembergische Investmentgesellschaft mbH, Barclays Global Investors (Deutcshland), Cominvest Asset Management GMBH, Deutsche Asset Management Investmentgesellschaft mbH, DWS (Austria) Investmentgesellschaft mbH, DWS Investment GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Forsta AP-fonden, Fortis Investment Management SA, KBC Asset Management SA, Landesbank Berlin Investment GmbH, LBBW Luxemburg S.A., Oppenheim Asset Management Services S.a.r.l., Pioneer Investment Management Ltd., Pioneer Investment Management SGRPA, Pioneer Investments Austria GmbH, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., SEB Investment Management AB, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, SEB Investment GmbH, Andra Ap-Fonden, Bayern-Invest Kapitalanlagegesellschaft mbH, Deka Investment, Deka International (Ireland) Limited, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Fideuram Investimenti S.G.R., Fideuram Gestions S.A., Interfund Sica V, Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Helaba Invest Kapitalanlagegesellschaft MBH, HSBC Trinkaus & Burkhardt AG, Internationale Kapitalanlagegesellschaft mbH, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Metzler Ireland LTD, Nordcon Investment Management AG, Norges Bank, Swiss Life Holding AG, Swiss Life Investment Management Holding AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Asset Management (Nederland) B.V., Tredje Ap-Fonden, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, Pensionskassernes Adminstration A/S, Arbejdsmarkedets Tillaegspension, Industriens Pensionsforikring A/S, Arca SGR S.p.A., Ilmarinen Mutual Pension Insurance Company, Prima Societa' di Gestione del Risparmio S.p.A., Nordea Invest Fund Management A/S, Nordea Fonder AB, Nordea Investment Funds Company I.S.A., Nordea Fondene Norge AS, Nordea Fondbolag Finland AB, Swedbank Robur Fonder AB, Fjarde AP-Fonden.(mbe)
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Filing 899
AMENDED COMPLAINT amending 760 Amended Complaint against Forsta AP-fonden.Document filed by Oppenheim Kapitalanlagegesellschaft mbH, KBC Asset Management N.V., Baden-Wurttembergische Investmentgesellschaft mbH, Barclays Global Investors (Deutcshland), Deutsche Asset Management Investmentgesellschaft mbH, DWS (Austria) Investmentgesellschaft mbH, DWS Investment GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Forsta AP-fonden, Fortis Investment Management SA, Landesbank Berlin Investment GmbH, LBBW Luxemburg S.A., Oppenheim Asset Management Services S.a.r.l., Pioneer Investment Management Ltd., Pioneer Investment Management SGRPA, Pioneer Investments Austria GmbH, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., SEB Investment Management AB, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, SEB Investment GmbH. Related document: 760 Amended Complaint filed by Capitalia Investment Management S.A., Capitalia Asset Management SGR, S.p.A..(rdz) (ama).
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Filing 898
NOTICE of Party Name Change. Document filed by Monte Paschi Asset Management S.G.R. S.P.A. (Kehoe, John)
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Filing 897
SEALED DOCUMENT placed in vault.(jri)
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Filing 896
MOTION for Judgment on the Pleadings ("Notice Of Defendants' Motion For Partial Judgment On The Pleadings Of Plaintiffs' Section 12(A)(2) Claims"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 890
MEMORANDUM OPINION AND ORDER:#97703 For the reasons stated above, (1) Individual Plaintiffs' Motion for Reconsideration of the Order Granting Defendant Guillaume Hannezo's Motion to Dismiss #756 is DENIED; (2) Individual Plaintiffs' Motion to Lift Stay #772 is GRANTED; (3) Individual Plaintiffs' Motion for Leave to Amend Complaints #781 is GRANTED except with respect to WSV; (4) plaintiff GAMCO's Motion for Leave to File an Amended Complaint and for Nine Mutual Funds to be Joined as Additional Plaintiffs #783 is GRANTED with respect to GAMCO's motion to amend and DENIED with respect to the Funds' motion for joinder; (5) defendants Messier and Vivendi's Cross-Motion to Dismiss with Prejudice WSV's Action #794 is GRANTED; (6) Ernst & Young's Motion for Reconsideration of this Court's Memorandum Opinion and Order, Dated May 28,2009 #856 is DENIED; (7) GAMCO's Motion to strike the Expert Report of John W. Peavy, III is DENIED; (8) defendants' objections to the order issued by Magistrate Judge Pitman on August 15,2006 are DENIED; (9) defendants' objections to the order issued by Magistrate Judge Pitman on January 30,2009 are GRANTED; (10) Individual Plaintiffs' request to substitute Dr. Blaine Nye for Mr. Frank Torchio as their causation and damages expert is modified and as modified GRANTED; and (II) defendant's request to exclude deposition designations for certain deponents is DENIED. (Signed by Judge Richard J. Holwell on 7/1/2009) (jpo) Modified on 7/6/2009 (eef).
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Filing 895
SEALED DOCUMENT placed in vault.(rt)
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Filing 894
SEALED DOCUMENT placed in vault.(rt)
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Filing 893
SEALED DOCUMENT placed in vault.(rt)
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Filing 892
SEALED DOCUMENT placed in vault.(rt)
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Filing 891
SEALED DOCUMENT placed in vault.(rt)
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Filing 889
SEALED DOCUMENT placed in vault.(jri)
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Filing 888
SEALED DOCUMENT placed in vault.(jri)
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Filing 887
SEALED DOCUMENT placed in vault.(jri)
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Filing 886
SEALED DOCUMENT placed in vault.(jri)
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Filing 885
MEMORANDUM OF LAW in Opposition re: #831 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING DISMISSED SHARE REPURCHASE AND PUT OPTION ALLEGATIONS.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 884
MEMORANDUM OF LAW in Opposition re: #821 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING ALLEGATIONS ABANDONED BY PLAINTIFFS.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 883
MEMORANDUM OF LAW in Opposition re: #826 MOTION in Limine TO EXCLUDE EVIDENCE RELATED TO THE JULY 1, 2002, TERMINATION AGREEMENT BETWEEN VIVENDI AND MESSIER.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 882
MEMORANDUM OF LAW in Opposition re: #832 MOTION in Limine TO EXCLUDE SUMMARIES AND TRANSCRIPTS OF STATEMENTS MADE TO AGENCIES AND FOREIGN TRIBUNALS.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 881
MEMORANDUM OF LAW in Opposition re: #833 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THIRD PARTY PROCEEDINGS.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 880
MEMORANDUM OF LAW in Opposition re: #824 MOTION in Limine TO EXCLUDE EVIDENCE OF THE FRENCH CRIMINAL INQUIRY INTO CERTAIN EVENTS RELATING TO CURRENT OR FORMER VIVENDI EMPLOYEES.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 879
MEMORANDUM OF LAW in Opposition re: #822 MOTION in Limine TO EXCLUDE CERTAIN DEPOSITION TESTIMONY OF JEAN BOUQUOT, BERNARD CATTENOZ, AND BERNARD RABIER.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 878
MEMORANDUM OF LAW in Opposition re: #830 MOTION in Limine TO EXCLUDE CERTAIN DEPOSITION TESTIMONY AND OTHER EVIDENCE OF FLORENCE-HLNE SANIAL.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 877
MEMORANDUM OF LAW in Opposition re: #825 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING ALLEGATIONS UNRELATED TO VIVENDIS LIQUIDITY.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 876
MEMORANDUM OF LAW in Opposition re: #823 MOTION in Limine TO EXCLUDE THE DEPOSITION TESTIMONY OF GUY DESLONDES AND CHRISTIAN RAUCH.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 875
MEMORANDUM OF LAW in Opposition re: #827 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING ALLEGED MISREPRESENTATIONS THAT DID NOT INFLATE VIVENDIS SHARE PRICE.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 874
MEMORANDUM OF LAW in Opposition re: #829 MOTION in Limine DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF XAVIER OUSTALNIOL.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 873
MEMORANDUM OF LAW in Opposition re: #828 MOTION in Limine DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF DR. BLAINE NYE.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 872
DECLARATION of Michele E. Connolly in Opposition re: (817 in 1:02-cv-05571-RJH-HBP) MOTION to Bifurcate Individual Plaintiffs' Motion For A Separate Trial On Individualized Issues Relating To Damages.. Document filed by Vivendi, S.A., Guillaume Hannezo, Jean-Marie Messier. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Cameron, Timothy)
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Filing 871
MEMORANDUM OF LAW in Opposition re: (817 in 1:02-cv-05571-RJH-HBP) MOTION to Bifurcate Individual Plaintiffs' Motion For A Separate Trial On Individualized Issues Relating To Damages.. Document filed by Vivendi, S.A., Guillaume Hannezo, Jean-Marie Messier. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Cameron, Timothy)
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Filing 870
MEMORANDUM OF LAW in Opposition re: (50 in 1:07-cv-07803-RJH, 46 in 1:07-cv-11483-RJH, 54 in 1:07-cv-08208-RJH, 62 in 1:07-cv-05742-RJH, 60 in 1:07-cv-10578-RJH, 50 in 1:07-cv-07776-RJH, 41 in 1:08-cv-00418-RJH, 50 in 1:07-cv-07778-RJH, 64 in 1:07-cv-11305-RJH, 63 in 1:07-cv-10954-RJH, 50 in 1:07-cv-09593-RJH, 51 in 1:07-cv-07863-RJH, 51 in 1:07-cv-07370-RJH, 59 in 1:07-cv-10995-RJH, 49 in 1:07-cv-07775-RJH, 812 in 1:02-cv-05571-RJH-HBP, 65 in 1:07-cv-08156-RJH, 57 in 1:07-cv-11092-RJH, 66 in 1:07-cv-08830-RJH, 49 in 1:07-cv-07779-RJH, 48 in 1:07-cv-11484-RJH, 57 in 1:07-cv-09229-RJH) MOTION in Limine. Memorandum of Law in Opposition to Plaintiffs' Motion in Limine To Preclude Defendants From Arguing Or Offering Evidence Purportedly Showing That Vivendi Securities Did Not Trade In An Efficient Market During The Relevant Time Period. Document filed by Vivendi, S.A., Guillaume Hannezo, Jean-Marie Messier. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Cameron, Timothy)
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Filing 869
CERTIFICATE OF SERVICE of Defendants' Memorandum of Law in Opposition to Class Plaintiff's Motion In Limine to Preclude Defendants from Inquiring into Certain Subjects in Their Cross Examinations of Class Plaintiffs' Liquidity Expert Wilbur L. Ross and Declaration of Einat Philip on June 30, 2009. Service was made by Mail. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Philip, Einat)
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Filing 868
DECLARATION of Einat Philip in Opposition re: #842 MOTION in Limine Class Plaintiffs' Motions in Limine.. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Philip, Einat)
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Filing 867
MEMORANDUM OF LAW in Opposition re: #842 MOTION in Limine Class Plaintiffs' Motions in Limine.. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Perschetz, Martin)
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Filing 866
MEMORANDUM OF LAW in Opposition re: #815 MOTION in Limine Motion In Limine To Exclude Evidence Or Argument Regarding Certain Facts About The Individual Plaintiffs.. Document filed by Vivendi, S.A.. (Reid, Penny)
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Filing 865
SEALED DOCUMENT placed in vault.(rt)
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Filing 864
SEALED DOCUMENT placed in vault.(rt)
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Filing 863
AFFIDAVIT OF SERVICE of Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action served on Edgar Bronfman, Jr. on 6/10/09. Service was accepted by Paul Robinson, General Counsel. Document filed by Norges Bank and others. (Sabella, James)
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Filing 862
CERTIFICATE OF SERVICE of Reply in Further Support of Motion for Reconsideration on June 17, 2009. Service was made by MAIL. Document filed by Ernst & Young LLP. (Costantini, Anthony)
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Filing 861
REPLY MEMORANDUM OF LAW in Support re: #856 MOTION for Reconsideration re; #802 Memorandum & Opinion,.. Document filed by Ernst & Young LLP. (Costantini, Anthony)
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Filing 860
TRANSCRIPT of proceedings held on 4/6/09 before Judge Richard J. Holwell. (ldi)
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Filing 859
CERTIFICATE OF SERVICE of Class Plaintiffs' Opposition to Ernst & Young LLP's Motion for Reconsideration of This Court's Order Dated May 28, 2009. Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 858
MEMORANDUM OF LAW in Opposition re: #856 MOTION for Reconsideration re; #802 Memorandum & Opinion,.. Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 857
MEMORANDUM OF LAW in Support re: #856 MOTION for Reconsideration re; #802 Memorandum & Opinion,.. Document filed by Ernst & Young LLP. (Attachments: #1 Appendix A, which is, Translation of Paris Appeals Decision, dated March 24, 2009)(Costantini, Anthony)
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Filing 856
MOTION for Reconsideration re; #802 Memorandum & Opinion,. Document filed by Ernst & Young LLP. (Attachments: #1 Appendix A, which is the Memo Opinion and Order dated May 28, 2009)(Costantini, Anthony)
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Filing 855
ENDORSED LETTER addressed to Judge Richard J. Holwell from Anthony J. Costantini dated 6/8/2009 re: We have located the work papers, but as of yet I have had no final instructions on reconsideration. ENDORSEMENT: If no motion for reconsideration is filed, Ernst and Young should produce the work papers on June 15, 2009. If a motion is filed, plaintiffs' opposition papers are due on June 16, 2009. (Signed by Judge Richard J. Holwell on 6/9/2009) (jpo) Modified on 6/15/2009 (rw).
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Filing 854
SEALED DOCUMENT placed in vault.(rt)
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Filing 853
NOTICE of SUPPLEMENTAL Declaration of James J. Sabella in Support of Individual Plaintiffs' Motion for an Order In Limine Determining Standing (which was filed under seal). Document filed by Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-09593-RJH(Sabella, James)
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Filing 850
SEALED DOCUMENT placed in vault.(jri)
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Filing 849
SEALED DOCUMENT placed in vault.(jri)
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Filing 848
SEALED DOCUMENT placed in vault.(jri)
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Filing 845
SEALED DOCUMENT placed in vault.(rt)
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Filing 852
SEALED DOCUMENT placed in vault.(rt)
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Filing 851
SEALED DOCUMENT placed in vault.(jri)
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Filing 847
SEALED DOCUMENT placed in vault.(rt)
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Filing 846
SEALED DOCUMENT placed in vault.(rt)
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Filing 844
DECLARATION of Olivia Vasilescu Palmer in Support re: #842 MOTION in Limine Class Plaintiffs' Motions in Limine.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 843
MEMORANDUM OF LAW in Support re: #842 MOTION in Limine Class Plaintiffs' Motions in Limine.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 842
MOTION in Limine Class Plaintiffs' Motions in Limine. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
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Filing 841
DECLARATION of Olivia Vasilescu Palmer in Support re: #839 MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude the Testimony of Peter Walton.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 840
MEMORANDUM OF LAW in Support re: #839 MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude the Testimony of Peter Walton.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 839
MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude the Testimony of Peter Walton. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
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Filing 838
DECLARATION of Olivia Vasilescu Palmer in Support re: #836 MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude Certain Opinions of Dr. William Silber, and the Entire Testimony of Mr. Ronald Gilson.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 837
MEMORANDUM OF LAW in Support re: #836 MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude Certain Opinions of Dr. William Silber, and the Entire Testimony of Mr. Ronald Gilson.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 836
MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude Certain Opinions of Dr. William Silber, and the Entire Testimony of Mr. Ronald Gilson. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
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Filing 835
NOTICE of Class Plaintiffs' Notice of Daubert Motion to Exclude Certain Opinions of Dr. William Silber, and the Entire Testimony of Mr. Ronald Gilson. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 834
MOTION in Limine DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF FRANK C. TORCHIO. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 833
MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THIRD PARTY PROCEEDINGS. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 832
MOTION in Limine TO EXCLUDE SUMMARIES AND TRANSCRIPTS OF STATEMENTS MADE TO AGENCIES AND FOREIGN TRIBUNALS. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 831
MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING DISMISSED SHARE REPURCHASE AND PUT OPTION ALLEGATIONS. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 830
MOTION in Limine TO EXCLUDE CERTAIN DEPOSITION TESTIMONY AND OTHER EVIDENCE OF FLORENCE-HLNE SANIAL. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 829
MOTION in Limine DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF XAVIER OUSTALNIOL. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 828
MOTION in Limine DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF DR. BLAINE NYE. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 827
MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING ALLEGED MISREPRESENTATIONS THAT DID NOT INFLATE VIVENDIS SHARE PRICE. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 826
MOTION in Limine TO EXCLUDE EVIDENCE RELATED TO THE JULY 1, 2002, TERMINATION AGREEMENT BETWEEN VIVENDI AND MESSIER. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 825
MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING ALLEGATIONS UNRELATED TO VIVENDIS LIQUIDITY. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 824
MOTION in Limine TO EXCLUDE EVIDENCE OF THE FRENCH CRIMINAL INQUIRY INTO CERTAIN EVENTS RELATING TO CURRENT OR FORMER VIVENDI EMPLOYEES. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 823
MOTION in Limine TO EXCLUDE THE DEPOSITION TESTIMONY OF GUY DESLONDES AND CHRISTIAN RAUCH. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 822
MOTION in Limine TO EXCLUDE CERTAIN DEPOSITION TESTIMONY OF JEAN BOUQUOT, BERNARD CATTENOZ, AND BERNARD RABIER. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 821
MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING ALLEGATIONS ABANDONED BY PLAINTIFFS. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 820
JOINDER to join Individual Plaintiffs Joinder In Daubert Motions And Motions In Limine Filed By The Class Plaintiffs. Document filed by Norges Bank. (Attachments: #1 Certificate of Service)Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 819
DECLARATION of James J. Sabella in Support re: (65 in 1:07-cv-10578-RJH, 64 in 1:07-cv-10995-RJH, 56 in 1:07-cv-07370-RJH, 53 in 1:07-cv-11484-RJH, 68 in 1:07-cv-10954-RJH, 59 in 1:07-cv-08208-RJH, 54 in 1:07-cv-07775-RJH, 817 in 1:02-cv-05571-RJH-HBP, 46 in 1:08-cv-00418-RJH, 69 in 1:07-cv-11305-RJH, 71 in 1:07-cv-08830-RJH, 55 in 1:07-cv-09593-RJH, 55 in 1:07-cv-07776-RJH, 51 in 1:07-cv-11483-RJH, 62 in 1:07-cv-11092-RJH, 54 in 1:07-cv-07779-RJH, 55 in 1:07-cv-07778-RJH, 55 in 1:07-cv-07803-RJH, 67 in 1:07-cv-05742-RJH, 62 in 1:07-cv-09229-RJH, 70 in 1:07-cv-08156-RJH, 56 in 1:07-cv-07863-RJH) MOTION to Bifurcate.. Document filed by Norges Bank. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 818
MEMORANDUM OF LAW in Support re: (67 in 1:07-cv-05742-RJH) MOTION to Bifurcate. Individual Plaintiffs' Memorandum of Law in Support of Motion For A Separate Trial On Individualized Issues Relating To Damages. Document filed by Norges Bank. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 817
MOTION to Bifurcate Individual Plaintiffs' Motion For A Separate Trial On Individualized Issues Relating To Damages. Document filed by Norges Bank. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 816
MEMORANDUM OF LAW in Support re: (62 in 1:07-cv-10995-RJH, 66 in 1:07-cv-10954-RJH, 67 in 1:07-cv-11305-RJH, 57 in 1:07-cv-08208-RJH, 68 in 1:07-cv-08156-RJH, 65 in 1:07-cv-05742-RJH, 53 in 1:07-cv-07803-RJH, 52 in 1:07-cv-07779-RJH, 54 in 1:07-cv-07370-RJH, 52 in 1:07-cv-07775-RJH, 60 in 1:07-cv-11092-RJH, 44 in 1:08-cv-00418-RJH, 815 in 1:02-cv-05571-RJH-HBP, 53 in 1:07-cv-09593-RJH, 53 in 1:07-cv-07778-RJH, 53 in 1:07-cv-07776-RJH, 54 in 1:07-cv-07863-RJH, 69 in 1:07-cv-08830-RJH, 60 in 1:07-cv-09229-RJH, 49 in 1:07-cv-11483-RJH, 51 in 1:07-cv-11484-RJH, 63 in 1:07-cv-10578-RJH) MOTION in Limine. Memorandum of Law in Support of Motion In Limine To Exclude Evidence Or Argument Regarding Certain Facts About The Individual Plaintiffs. Document filed by Norges Bank. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 815
MOTION in Limine Motion In Limine To Exclude Evidence Or Argument Regarding Certain Facts About The Individual Plaintiffs. Document filed by Norges Bank. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 814
DECLARATION of James J. Sabella in Support re: (50 in 1:07-cv-07803-RJH, 46 in 1:07-cv-11483-RJH, 54 in 1:07-cv-08208-RJH, 62 in 1:07-cv-05742-RJH, 60 in 1:07-cv-10578-RJH, 50 in 1:07-cv-07776-RJH, 41 in 1:08-cv-00418-RJH, 50 in 1:07-cv-07778-RJH, 64 in 1:07-cv-11305-RJH, 63 in 1:07-cv-10954-RJH, 50 in 1:07-cv-09593-RJH, 51 in 1:07-cv-07863-RJH, 51 in 1:07-cv-07370-RJH, 59 in 1:07-cv-10995-RJH, 49 in 1:07-cv-07775-RJH, 812 in 1:02-cv-05571-RJH-HBP, 65 in 1:07-cv-08156-RJH, 57 in 1:07-cv-11092-RJH, 66 in 1:07-cv-08830-RJH, 49 in 1:07-cv-07779-RJH, 48 in 1:07-cv-11484-RJH, 57 in 1:07-cv-09229-RJH) MOTION in Limine.. Document filed by Norges Bank. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 813
MEMORANDUM OF LAW in Support re: (50 in 1:07-cv-07803-RJH, 46 in 1:07-cv-11483-RJH, 54 in 1:07-cv-08208-RJH, 62 in 1:07-cv-05742-RJH, 60 in 1:07-cv-10578-RJH, 50 in 1:07-cv-07776-RJH, 41 in 1:08-cv-00418-RJH, 50 in 1:07-cv-07778-RJH, 64 in 1:07-cv-11305-RJH, 63 in 1:07-cv-10954-RJH, 50 in 1:07-cv-09593-RJH, 51 in 1:07-cv-07863-RJH, 51 in 1:07-cv-07370-RJH, 59 in 1:07-cv-10995-RJH, 49 in 1:07-cv-07775-RJH, 812 in 1:02-cv-05571-RJH-HBP, 65 in 1:07-cv-08156-RJH, 57 in 1:07-cv-11092-RJH, 66 in 1:07-cv-08830-RJH, 49 in 1:07-cv-07779-RJH, 48 in 1:07-cv-11484-RJH, 57 in 1:07-cv-09229-RJH) MOTION in Limine. Plaintiffs' Memorandum of Law in Support of Motion in Limine To Preclude Defendants From Arguing Or Offering Evidence Purportedly Showing That Vivendi Securities Did Not Trade In An Efficient Market During The Relevant Time Period. Document filed by Norges Bank. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 812
MOTION in Limine Plaintiffs' Motion in Limine To Preclude Defendants From Arguing Or Offering Evidence Purportedly Showing That Vivendi Securities Did Not Trade In An Efficient Market During The Relevant Time Period. Document filed by Norges Bank. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 811
DECLARATION of James J. Sabella in Support re: (56 in 1:07-cv-10995-RJH, 809 in 1:02-cv-05571-RJH-HBP, 54 in 1:07-cv-09229-RJH, 47 in 1:07-cv-09593-RJH, 45 in 1:07-cv-11484-RJH, 38 in 1:08-cv-00418-RJH, 47 in 1:07-cv-07776-RJH, 61 in 1:07-cv-11305-RJH, 57 in 1:07-cv-10578-RJH, 46 in 1:07-cv-07775-RJH, 47 in 1:07-cv-07778-RJH, 46 in 1:07-cv-07779-RJH, 48 in 1:07-cv-07863-RJH, 59 in 1:07-cv-05742-RJH, 51 in 1:07-cv-08208-RJH, 47 in 1:07-cv-07803-RJH, 60 in 1:07-cv-10954-RJH, 63 in 1:07-cv-08830-RJH, 43 in 1:07-cv-11483-RJH, 62 in 1:07-cv-08156-RJH, 54 in 1:07-cv-11092-RJH, 48 in 1:07-cv-07370-RJH) MOTION in Limine.. Document filed by Norges Bank. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 810
MEMORANDUM OF LAW in Support re: (56 in 1:07-cv-10995-RJH, 809 in 1:02-cv-05571-RJH-HBP, 54 in 1:07-cv-09229-RJH, 47 in 1:07-cv-09593-RJH, 45 in 1:07-cv-11484-RJH, 47 in 1:07-cv-07776-RJH, 61 in 1:07-cv-11305-RJH, 57 in 1:07-cv-10578-RJH, 46 in 1:07-cv-07775-RJH, 47 in 1:07-cv-07778-RJH, 46 in 1:07-cv-07779-RJH, 48 in 1:07-cv-07863-RJH, 59 in 1:07-cv-05742-RJH, 51 in 1:07-cv-08208-RJH, 47 in 1:07-cv-07803-RJH, 60 in 1:07-cv-10954-RJH, 63 in 1:07-cv-08830-RJH, 43 in 1:07-cv-11483-RJH, 62 in 1:07-cv-08156-RJH, 54 in 1:07-cv-11092-RJH, 48 in 1:07-cv-07370-RJH) MOTION in Limine. Plaintiffs Memorandum of Law in Support of Motion In Limine To Exclude Evidence That Defendants Lost Money On Transactions In Vivendi Securities [FILED UNDER SEAL]. Document filed by Norges Bank. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 809
MOTION in Limine Individual Plaintiffs Motion In Limine To Exclude Evidence That Defendants Lost Money On Transactions In Vivendi Securities. Document filed by Norges Bank. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 808
SEALED DOCUMENT placed in vault.(jri)
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Filing 807
SEALED DOCUMENT placed in vault.(jri)
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Filing 806
SEALED DOCUMENT placed in vault.(jri)
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Filing 805
DECLARATION of Leslie M. Kelleher in Support re: #804 Reply Memorandum of Law in Support of Motion,,,. Document filed by WSV. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kelleher, Leslie)
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Filing 804
REPLY MEMORANDUM OF LAW in Support re: #781 MOTION for Leave to File Amended Complaints Individual Plaintiffs' Motion for Leave to Amend Complaints., #794 CROSS MOTION to Dismiss ("Notice Of Cross-Motion Of Defendants Vivendi, S.A. and Jean-Marie Messier To Dismiss With Prejudice WSV's Action").CROSS MOTION to Dismiss ("Notice Of Cross-Motion Of Defendants Vivendi, S.A. and Jean-Marie Messier To Dismiss With Prejudice WSV's Action"). Individual Plaintiff WSV's Reply Memorandum in Further Support of Motion for Leave to Amend Complaint and Response to Defendants Vivendi S.A. and Jean-Marie Messier's Cross-Motion to Dismiss With Prejudice WSV's Action. Document filed by WSV. (Kelleher, Leslie)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Leslie Kelleher to RE-FILE Document #803 Reply Memorandum of Law in Support of Motion. ERROR(S): Each supporting document must be filed individually. Use the event type(s) Declaration in Support found under event list Replies, Oppositions, Supporting Documents. (jar)
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Filing 803
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #781 MOTION for Leave to File Amended Complaints Individual Plaintiffs' Motion for Leave to Amend Complaints.. Document filed by WSV. (Attachments: #1 Affidavit Declaration of Leslie M. Kelleher)(Kelleher, Leslie) Modified on 5/29/2009 (jar).
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Filing 802
MEMORANDUM OPINION AND ORDER:#97566 The Court holds that the Magistrate's Order compelling production is not contrary to law, and E&Y-US's objections are accordingly DENIED. E&Y-U.S. is directed to promptly produce the documents they have that are responsive to plaintiffs subpoena. (Signed by Judge Richard J. Holwell on 5/28/09) (tro) Modified on 5/29/2009 (jab).
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Filing 801
REPLY MEMORANDUM OF LAW in Support re: #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct. (Reply Memorandum of Law in Further Support of Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs). Document filed by GAMCO Investors, Inc.. (McGuire, Harold)
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Filing 800
CERTIFICATE OF SERVICE of Notice of Firm Name Change served on Parties on Manual Filing List on May 20, 2009. Service was made by Mail. Document filed by StoneRidge Investment Partners LLC. (Gross, Marc)
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Filing 799
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting #788 Motion for Katharine M. Ryan to Appear Pro Hac Vice as counsel for the Plaintiffs. (Signed by Judge Richard J. Holwell on 5/19/09) (pl)
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Transmission to Attorney Admissions Clerk. Transmitted re: #799 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (pl)
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Filing 798
DECLARATION of Michael T. Reynolds in Opposition re: (41 in 1:03-cv-05911-RJH, 41 in 1:03-cv-05911-RJH) MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File An Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct., (783 in 1:02-cv-05571-RJH-HBP, 783 in 1:02-cv-05571-RJH-HBP) MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Reynolds Declaration, #2 Exhibit 2 to Reynolds Declaration)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-05911-RJH(Reynolds, Michael)
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Filing 797
MEMORANDUM OF LAW in Opposition re: (41 in 1:03-cv-05911-RJH, 41 in 1:03-cv-05911-RJH) MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File An Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct., (783 in 1:02-cv-05571-RJH-HBP, 783 in 1:02-cv-05571-RJH-HBP) MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct. ("Defendant Vivendi, S.A.'s Opposition To The Motion Of Nine Mutual Funds To Be Joined As Additional Plaintiffs"). Document filed by Vivendi, S.A.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-05911-RJH(Reynolds, Michael)
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Filing 796
DECLARATION of Michael T. Reynolds in Support re: (29 in 1:02-cv-07346-RJH-HBP, 43 in 1:07-cv-07779-RJH, 51 in 1:07-cv-09229-RJH, 54 in 1:07-cv-10578-RJH, 44 in 1:07-cv-09593-RJH, 42 in 1:07-cv-11484-RJH, 26 in 1:07-cv-07802-RJH, 794 in 1:02-cv-05571-RJH-HBP, 28 in 1:02-cv-07371-HB, 45 in 1:07-cv-07370-RJH, 44 in 1:07-cv-07803-RJH, 51 in 1:07-cv-11092-RJH, 89 in 1:03-cv-02175-RJH, 44 in 1:07-cv-07778-RJH, 56 in 1:07-cv-05742-RJH, 25 in 1:02-cv-07098-HB, 29 in 1:07-cv-11297-RJH, 53 in 1:07-cv-10995-RJH, 44 in 1:07-cv-07776-RJH, 27 in 1:02-cv-05973-HB, 40 in 1:07-cv-11483-RJH, 29 in 1:02-cv-05924-HB, 26 in 1:02-cv-07017-UA, 58 in 1:07-cv-11305-RJH, 28 in 1:02-cv-06738-HB, 59 in 1:07-cv-08156-RJH, 45 in 1:03-cv-05911-RJH, 25 in 1:02-cv-08978-HB, 45 in 1:07-cv-07863-RJH, 28 in 1:02-cv-05919-HB, 25 in 1:02-cv-08979-HB, 29 in 1:02-cv-06385-HB, 29 in 1:02-cv-06956-HB, 60 in 1:07-cv-08830-RJH, 57 in 1:07-cv-10954-RJH, 28 in 1:02-cv-06170-HB, 35 in 1:08-cv-00418-RJH, 43 in 1:07-cv-07775-RJH, 48 in 1:07-cv-08208-RJH, 25 in 1:07-cv-09592-RJH) MOTION to Dismiss.. Document filed by Jean-Marie Messier, Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Reynolds Declaration, #2 Exhibit 2 to Reynolds Declaration, #3 Exhibit 3 to Reynolds Declaration)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Reynolds, Michael)
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Filing 795
MEMORANDUM OF LAW in Opposition re: (27 in 1:02-cv-05973-HB, 29 in 1:02-cv-07346-RJH-HBP, 43 in 1:07-cv-07779-RJH, 40 in 1:07-cv-11483-RJH, 29 in 1:02-cv-05924-HB, 51 in 1:07-cv-09229-RJH, 54 in 1:07-cv-10578-RJH, 26 in 1:02-cv-07017-UA, 58 in 1:07-cv-11305-RJH, 28 in 1:02-cv-06738-HB, 44 in 1:07-cv-09593-RJH, 42 in 1:07-cv-11484-RJH, 26 in 1:07-cv-07802-RJH, 59 in 1:07-cv-08156-RJH, 794 in 1:02-cv-05571-RJH-HBP, 28 in 1:02-cv-07371-HB, 45 in 1:03-cv-05911-RJH, 25 in 1:02-cv-08978-HB, 45 in 1:07-cv-07863-RJH, 28 in 1:02-cv-05919-HB, 45 in 1:07-cv-07370-RJH, 44 in 1:07-cv-07803-RJH, 25 in 1:02-cv-08979-HB, 29 in 1:02-cv-06385-HB, 29 in 1:02-cv-06956-HB, 51 in 1:07-cv-11092-RJH, 89 in 1:03-cv-02175-RJH, 44 in 1:07-cv-07778-RJH, 56 in 1:07-cv-05742-RJH, 60 in 1:07-cv-08830-RJH, 57 in 1:07-cv-10954-RJH, 28 in 1:02-cv-06170-HB, 25 in 1:02-cv-07098-HB, 35 in 1:08-cv-00418-RJH, 43 in 1:07-cv-07775-RJH, 25 in 1:07-cv-09592-RJH, 48 in 1:07-cv-08208-RJH, 29 in 1:07-cv-11297-RJH, 53 in 1:07-cv-10995-RJH, 44 in 1:07-cv-07776-RJH) MOTION to Dismiss. ("Defendants Vivendi, S.A. And Jean-Marie Messier's Memorandum Of Law In Opposition To WSV's Motion For Leave To Amend Complaint And In Support Of Defendants' Motion To Dismiss With Prejudice WSV's Action"). Document filed by Jean-Marie Messier, Vivendi, S.A.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Reynolds, Michael)
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Filing 794
CROSS MOTION to Dismiss ("Notice Of Cross-Motion Of Defendants Vivendi, S.A. and Jean-Marie Messier To Dismiss With Prejudice WSV's Action"). Document filed by Jean-Marie Messier, Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Reynolds, Michael)
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Filing 793
REPLY MEMORANDUM OF LAW in Support re: #772 MOTION to Lift the Stay.. Document filed by Eurizon Capital SGR S.p.A., Eurizon Capital S.A., Caisse de Depot et Placement du Quebec, Allianz Global Investors France, S.A., Irish Life Investment Managers Limited. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Arisohn, Mark)
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Filing 792
CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Individual Plaintiffs' Motion for Leave to Amend Complaints on 5/18/2009. Document filed by Guillaume Hannezo. (Philip, Einat)
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Filing 791
MEMORANDUM OF LAW in Opposition re: #781 MOTION for Leave to File Amended Complaints Individual Plaintiffs' Motion for Leave to Amend Complaints.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 790
NOTICE of Firm Name Change. Document filed by StoneRidge Investment Partners LLC. (Gross, Marc)
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Filing 789
REPLY MEMORANDUM OF LAW in Support re: (38 in 1:07-cv-07370-RJH) MOTION Notice of Motion To Lift The Stay re: (750 in 1:02-cv-05571-RJH-HBP) Memorandum & Opinion,,. MOTION Notice of Motion To Lift The Stay re: (750 in 1:02-cv-05571-RJH-HBP) Memorandum & Opinion,,.. Document filed by Norges Bank. (Attachments: #1 Exhibit A, #2 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-07370-RJH(Kehoe, John)
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CASHIERS OFFICE REMARK on #788 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/12/2009, Receipt Number 687725. (jd)
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Filing 788
MOTION for Katharine M. Ryan to Appear Pro Hac Vice. Document filed by Allianz Global Investors Kapitalanlagegesellschaft MBH.(dle)
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Filing 787
MEMORANDUM OF LAW in Support re: #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct.. Document filed by GAMCO Investors, Inc.. (Attachments: #1 Exhibit Exhibit A - Proposed Amended Complaint)(McGuire, Harold)
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Filing 785
TRANSCRIPT of proceedings held on 4/15/09 before Judge Richard J. Holwell. (tro)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Harold F. McGuire, Jr. to RE-FILE Document #784 MOTION for Leave to File Memorandum of Law in Support of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTI MOTION to Amend/Correct #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTI MOTION to Amend/Correct #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTI MOTION to Amend/Correct #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTI. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Support documents. (KA)
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Filing 786
SEALED DOCUMENT placed in vault.(jri)
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Filing 784
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Leave to File Memorandum of Law in Support of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs., MOTION to Amend/Correct #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct.. Document filed by GAMCO Investors, Inc.(MEMORANDUM OF LAW IN SUPPORT OF MOTION) (Attachments: #1 Exhibit Exhibit A - Proposed Amended Complaint)(McGuire, Harold) Modified on 5/1/2009 (KA).
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Filing 783
MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs., MOTION to Amend/Correct. Document filed by GAMCO Investors, Inc..(McGuire, Harold)
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Filing 782
DECLARATION of James J. Sabella in Support re: (42 in 1:07-cv-07776-RJH, 38 in 1:07-cv-11483-RJH, 51 in 1:07-cv-10995-RJH, 49 in 1:07-cv-09229-RJH, 41 in 1:07-cv-07775-RJH, 42 in 1:07-cv-09593-RJH, 46 in 1:07-cv-08208-RJH, 56 in 1:07-cv-11305-RJH, 52 in 1:07-cv-10578-RJH, 58 in 1:07-cv-08830-RJH, 781 in 1:02-cv-05571-RJH-HBP, 42 in 1:07-cv-07370-RJH, 42 in 1:07-cv-07803-RJH, 56 in 1:07-cv-08156-RJH, 42 in 1:07-cv-07778-RJH, 40 in 1:07-cv-11484-RJH, 54 in 1:07-cv-05742-RJH, 49 in 1:07-cv-11092-RJH, 55 in 1:07-cv-10954-RJH, 43 in 1:07-cv-07863-RJH, 41 in 1:07-cv-07779-RJH) MOTION for Leave to File Amended Complaints.. Document filed by Norges Bank. (Attachments: #1 Exhibit 1 - 5, #2 Exhibit 6, #3 Exhibit 7 - 11, #4 Exhibit 12 - 19, #5 Exhibit 20 - 22)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 781
MOTION for Leave to File Amended Complaints Individual Plaintiffs' Motion for Leave to Amend Complaints. Document filed by Norges Bank.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 780
DECLARATION of Frank C. Torchio. Document filed by Norges Bank. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-07370-RJH(Sabella, James)
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Filing 779
ORDER: Having reviewed the recent letter submissions of the parties concerning class notice (Pl Letter dated April 14, 2009; Def Letter dated April 17, 2009; Pl. Letter dated April 22, 2009) the Court adopts, with the handful of additions noted in the copy attached to this order, the forms of notice attached to plaintiffs' letter dated April 22, 2009. So Ordered (Signed by Judge Richard J. Holwell on 4/27/09) (js)
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Filing 778
REPLY MEMORANDUM OF LAW in Support re: #756 MOTION for Reconsideration re; #750 Memorandum & Opinion,,.. Document filed by Irish Life Investment Managers Limited. (Arisohn, Mark)
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Filing 777
ORDER: Defendant Guillaume Hannezo's motion to strike Liberty Media Plaintiffs' proposed Sur-reply #715 was granted by Order signed February 3, 2009 #735 . SO ORDERED. (Signed by Judge Richard J. Holwell on 4/23/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(tve)
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Filing 776
SCHEDULING ORDER: On May 15, 2009: Plaintiffs submit deposition designations to defendants. On May 29, 2009: (a) Defendants submit deposition designations and counter-designations to plaintiffs. (b) Parties exchange lists of intended trial exhibits and preliminary witness lists. On June 2, 2009: Parties file Daubert and in limine motions. On June 12, 2009: Plaintiffs submit deposition counter-designations to defendants. On June 30, 2009: (a) Parties file oppositions to Daubert and in limine motions. (b) Parties submit deposition designations. counter-designations and lists of intended trial exhibits to the Court. On July 3, 2009:(a) Parties exchange proposed jury instructions, proposed voir dire and jury questionnaire. (b) Parties exchange the remaining components of the pretrial order identified in Paragraph 4.A of the Court's individual practices. (c) Parties exchange certified translations of intended trial exhibits, subject to the parties' agreement that translations of certain documents or parts of documents need not be exchanged by this date. To the extent reasonably necessary, the parties may seek a one week extension of this deadline. On July 15, 2009: (a) Parties exchange objections to deposition designations, counter-designations and intended trial exhibits. (b) Parties exchange objections to proposed voir dire,jury questionnaire and jury instructions. (c) Parties exchange objections to remaining components of the pretrial order. On July 17, 2009: Parties submit completed joint pretrial order to the Court and may submit a pretrial memo if they so choose. SO ORDERED. (Signed by Judge Richard J. Holwell on 4/6/2009). Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tve) Modified on 6/12/2009 (tve).
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Filing 775
REVISED MEMORANDUM OPINION AND ORDER #97355: For the reasons given, defendants' motion for summary judgment against the class plaintiffs, Liberty Media, and GAMCO for failure to establish loss causation #644 and defendants' motion for summary judgment against the individual plaintiffs for failure to establish loss causation #646 are DENIED. (Signed by Judge Richard J. Holwell on 4/6/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jfe) Modified on 4/23/2009 (mro).
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Filing 774
MEMORANDUM OF LAW in Support re: #772 MOTION to Lift the Stay.. Document filed by Plaintiffs. (Arisohn, Mark)
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Filing 773
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #772 MOTION to Lift the Stay.. Document filed by Plaintiffs. (Arisohn, Mark) Modified on 4/21/2009 (jar).
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Filing 772
MOTION to Lift the Stay. Document filed by Plaintiffs.(Arisohn, Mark)
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Filing 771
FILING ERROR - DUPLICATED DOCKET ENTRY (See document #774) - MEMORANDUM OF LAW in Support re: (770 in 1:02-cv-05571-RJH-HBP, 38 in 1:07-cv-07370-RJH) MOTION Notice of Motion To Lift The Stay re: (750 in 1:02-cv-05571-RJH-HBP) Memorandum & Opinion,,. Plaintiffs' Memorandum of Law In Support of Their Motion to Lift The Stay. Document filed by Norges Bank. (Attachments: #1 Exhibit A to Memo is Support of Motion to Lift Stay, #2 Exhibit B to Memo in Support of Motion to Lift Stay)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-07370-RJH(Sabella, James) Modified on 4/21/2009 (jar).
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Filing 770
FILING ERROR - DUPLICATED DOCKET ENTRY (See document #772) - MOTION Notice of Motion To Lift The Stay re: (750 in 1:02-cv-05571-RJH-HBP) Memorandum & Opinion. Document filed by Norges Bank.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-07370-RJH(Sabella, James) Modified on 4/21/2009 (jar).
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Filing 769
CERTIFICATE OF SERVICE of Defendant Guillaume Hannezo's Memorandum of Law in Opposition to Individual Plaintiffs' Motion for Reconsideration on 4/17/09. Document filed by Guillaume Hannezo. (Philip, Einat)
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Filing 768
MEMORANDUM OF LAW in Opposition re: #756 MOTION for Reconsideration re; #750 Memorandum & Opinion,,.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 766
ORDER GRANTING ANTHONY J. HARWOOD'S NOTICE OF MOTION FOR LEAVE TO WITHDRAW AS COUNSEL. It is hereby ordered and decreed that Anthony J. Harwood is removed as counsel of record for plaintiffs in the cases listed above. (Signed by Judge Richard J. Holwell on 4/14/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo)
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Filing 765
ORDER: With regard to Jean-Marie Messier's motion for partial summary judgment #633 , for the reasons stated on the record at the March 2, 2009 conference, that motion is DENIED, as set forth herein. With regard to Guillaume IIannezo's motion for partial summary judgment #637 , for the reasons stated on the record at the March 2, 2009 conference, that motion is DENIED, as set forth herein. With regard to Guillaume Hannezo's motion to dismiss the complaints brought by various Individual Plaintiffs #584 , the Court did not intend its Order dated March 17, 2009 to extend to plaintiff Pioneer Investments Austria GmbH. (Signed by Judge Richard J. Holwell on 4/14/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo)
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Filing 764
DECLARATION of Anthony J. Harwood in Support re: #763 MOTION for Anthony J. Harwood to Withdraw as Attorney.. Document filed by Plaintiffs. (Harwood, Anthony)
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Filing 763
MOTION for Anthony J. Harwood to Withdraw as Attorney. Document filed by Plaintiffs.(Harwood, Anthony)
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Filing 762
STIPULATION AND ORDER: It is hereby stipulated by and between the parties that Defendants Vivendi, S.A. and Jean-Marie Messier's time for serving their respective answers to the complaints in the above-captioned actions and defendant Guillaume Hannezo's time for serving his answers in the actions captioned Capitalia Asset Management SGR, S.p.A. v. Vivendi Universal. SA, No. 07 Civ. 5742 and Pioneer Investments Austria. GmbH v. Vivendi Universal, S.A., No. 02 civ. 5571 shall be extended from March 30, 2009, up until and including April 6, 2009. (Signed by Judge Richard J. Holwell on 4/7/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo)
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Filing 767
REVISED MEMORANDUM OPINION AND ORDER: For the reasons given, defendants' motion for summary judgment against the class plaintiffs, Liberty Media, and GAMCO for failure to establish loss causation #644 and defendants' motion for summary judgment against the individual plaintiffs for failure to establish loss causation #646 are DENIED. (Signed by Judge Richard J. Holwell on 4/6/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo)
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Filing 761
ORDER AMENDING OPINION #97355: The conclusion of the Court's Memorandum Opinion and Order #758 concerning loss causation is amended to read: For the reasons given, defendants' motion for summary judgment against the class plaintiffs, Liberty Media, and GAMCO for failure to establish loss causation #644 and defendants' motion for summary judgment against the individual plaintiffs for failure to establish loss causation #646 are denied. So Ordered (Signed by Judge Richard J. Holwell on 3/31/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(js)
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Filing 759
MEMORANDUM AND OPINION #97354 re: For the reasons stated, the Court DENIES defendants' motion for summary judgment #647 for the following plaintiffs and their funds, as to which the court has held that there are genuine issues of material fact concerning whether plaintiffs were management companies during the class period for German funds, Luxembourgian FCPs, French FCPs, Belgian FCPs, Swedish funds, and Austrian funds: AGF, AGI Kap, Bayern, BWI, Cominvest, DeAM, Deka Fundmaster, Deka Investment, Deka Ireland, Deka Lux, FT, FT-Lux, Helaba, Inka, KBC, LBB-Invest, MEAG KAG, Nordcon, OPAM, Oppenheim, PIKAG, Raiffeisen, SEB AB, Universal, and WestLB For plaintiffs and funds not in this category, the Court GRANTS defendants' motions #647 & #643 . Plaintiffs are directed to move to amend their complaints within the next 30 days should they wish to allege assignment, ratification, or substitution by those entities with standing to bring suit. Plaintiffs moving to amend are directed to submit or resubmit proof of assignment, ratification, or substitution for each of the funds on whose behalf they bring suit. The Clerk of the Court is directed not to enter judgment against these plaintiffs for 45 days to allow them to file their motions and to allow the Court to decide such motions should they be filed. SO ORDERED.(36 in 1:07-cv-05742-RJH, 31 in 1:07-cv-11305-RJH, 28 in 1:07-cv-10995-RJH, 18 in 1:07-cv-11483-RJH, 35 in 1:07-cv-08156-RJH, 23 in 1:07-cv-07803-RJH, 37 in 1:07-cv-08830-RJH, 27 in 1:03-cv-05911-RJH, 27 in 1:07-cv-09229-RJH, 22 in 1:07-cv-09593-RJH, 33 in 1:07-cv-10954-RJH, 21 in 1:07-cv-07775-RJH, 26 in 1:07-cv-08208-RJH, 647 in 1:02-cv-05571-RJH-HBP, 22 in 1:07-cv-07778-RJH, 20 in 1:07-cv-07370-RJH, 22 in 1:07-cv-07779-RJH, 19 in 1:07-cv-11484-RJH, 23 in 1:07-cv-07776-RJH, 15 in 1:08-cv-00418-RJH, 27 in 1:07-cv-11092-RJH, 31 in 1:07-cv-10578-RJH, 23 in 1:07-cv-07863-RJH) MOTION for Partial Summary Judgment filed by Vivendi, S.A., Jean-Marie Messier, Guillaume Hannezo, (23 in 1:03-cv-05911-RJH, 643 in 1:02-cv-05571-RJH-HBP) MOTION for Summary Judgment filed by Vivendi, S.A. (Signed by Judge Richard J. Holwell on 3/31/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jmi) Modified on 4/2/2009 (mro).
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Transmission to Judgments and Orders Clerk. Transmitted re: (41 in 1:07-cv-09229-RJH, 35 in 1:07-cv-07776-RJH, 41 in 1:07-cv-11092-RJH, 30 in 1:07-cv-11483-RJH, 26 in 1:08-cv-00418-RJH, 31 in 1:07-cv-11484-RJH, 47 in 1:07-cv-10954-RJH, 51 in 1:07-cv-08830-RJH, 33 in 1:07-cv-07775-RJH, 34 in 1:07-cv-07778-RJH, 35 in 1:07-cv-07803-RJH, 45 in 1:07-cv-10578-RJH, 34 in 1:07-cv-09593-RJH, 49 in 1:07-cv-08156-RJH, 47 in 1:07-cv-11305-RJH, 35 in 1:07-cv-07863-RJH, 759 in 1:02-cv-05571-RJH-HBP, 45 in 1:07-cv-05742-RJH, 35 in 1:03-cv-05911-RJH, 34 in 1:07-cv-07779-RJH, 38 in 1:07-cv-08208-RJH, 32 in 1:07-cv-07370-RJH, 43 in 1:07-cv-10995-RJH) Memorandum & Opinion, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jmi)
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Filing 758
MEMORANDUM OPINION AND ORDER #97355: For the reasons given, defendants' motion for summary judgment against the class plaintiffs, Liberty Media, and GAMCO for failure to establish loss causation #644 and defendants' motion for summary judgment against the individual plaintiffs for failure to establish loss causation #646 are DENIED apart from the Court's finding that Dr. Nye's constant percentage method is irreconcilable with precedent and that plaintiffs may not pursue damages from certain allegations. (Signed by Judge Richard J. Holwell on 3/31/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo) Modified on 4/2/2009 (mro).
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Filing 757
MEMORANDUM OF LAW in Support re: #756 MOTION for Reconsideration re; #750 Memorandum & Opinion,,.. Document filed by Irish Life Investment Managers Limited. (Harwood, Anthony)
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Filing 756
MOTION for Reconsideration re; #750 Memorandum & Opinion,,. Document filed by Irish Life Investment Managers Limited.(Harwood, Anthony)
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Filing 755
MEMORANDUM OPINION AND ORDER #97346: For the reasons stated above and in the Court's initial decision certifying a class consisting of shareholders from the United States, France, England and the Netherlands, Vivendi's motion for partial reconsideration #457 is denied. (Signed by Judge Richard J. Holwell on 3/31/2009) (jpo) Modified on 4/1/2009 (mro).
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Filing 754
ORDER: Plaintiffs' motion to approve the plan for class notice #465 is granted, subject to the resolution at the April 6, 2009 status conference of certain issues concerning implementation of notice procedures and the wording of the notice. (Signed by Judge Richard J. Holwell on 3/31/2009) (jpo)
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Motion No Longer Referred: re: #465 MOTION to Approve Class Plaintiffs' Plan For Class Notice. filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard, #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). filed by Vivendi, S.A.. (mme)
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Filing 760
AMENDED COMPLAINT against Vivendi Universal, S.A., Guillaume Hannezo, Jean-Marie Messier. Document filed by Capitalia Asset Management SGR, S.p.A., Capitalia Investment Management S.A.(dle)
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Filing 753
ORDER: On March 27,2009, counsel for Milberg LLP informed the Court that the firm was withdrawing as co-lead counsel for the class and that Abbey Spanier Rodd Abrams & Paradis, LLP would continue as sole lead counsel. Accordingly, the Court denies as moot defendants' motion for reconsideration of Milberg LLP as co-lead counsel 370 . SO ORDERED. (Signed by Judge Richard J. Holwell on 3/27/2009) (tve)
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Filing 751
DECLARATION of Peter Reichard (Allianz Risk Transfer) in Opposition to Defendants' Motion for Partial Summary Judgment Against Individual Plaintiffs for Lack of Standing / Corrected. Document filed by AGF Asset Management, S.A.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(Harwood, Anthony)
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Filing 750
MEMORANDUM AND OPINION #97239: Accordingly, Hannezo's motion is GRANTED and the above captioned actions are dismissed without prejudice save for the stayed actions. The stayed plaintiffs' motion to lift the stay is GRANTED, but only for the purposes of serving Hannezo-for all other purposes the actions remain stayed. However, in light of the adjournment of the trial date to September 29, 2009, any party may move to lift the stay on the grounds that such a step would be efficient. The stayed plaintiffs must serve Hannezo within 60 days of the date of this order or their actions will be dismissed. (Signed by Judge Richard J. Holwell on 3/16/2009) (jfe) Modified on 3/19/2009 (mro).
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Transmission to Judgments and Orders Clerk. Transmitted re: (43 in 1:07-cv-10578-RJH, 28 in 1:07-cv-11483-RJH, 33 in 1:07-cv-07776-RJH, 39 in 1:07-cv-11092-RJH, 30 in 1:07-cv-07370-RJH, 36 in 1:07-cv-08208-RJH, 32 in 1:07-cv-09593-RJH, 44 in 1:07-cv-11305-RJH, 33 in 1:07-cv-07863-RJH, 32 in 1:07-cv-07778-RJH, 33 in 1:07-cv-07803-RJH, 32 in 1:07-cv-07779-RJH, 39 in 1:07-cv-09229-RJH, 750 in 1:02-cv-05571-RJH-HBP, 31 in 1:07-cv-07775-RJH, 49 in 1:07-cv-08830-RJH, 24 in 1:08-cv-00418-RJH, 45 in 1:07-cv-10954-RJH, 47 in 1:07-cv-08156-RJH, 41 in 1:07-cv-10995-RJH, 29 in 1:07-cv-11484-RJH) Memorandum & Opinion,,, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jfe)
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Filing 749
ORDER: Defendant Vivendi's objection to Magistrate Judge Pitman's Order of 4/14/08 #480 is DENIED; Defendants' motion for judgment on the pleadings #491 is GRANTED with respect to plaintiff GAMCO but DENIED with respect to the Liberty Media plaintiffs; the Court intends to issue an opinion stating its reasons at greater length; Plaintiffs' motion concerning misleading mass mailing #565 is DENIED; Defendants' motion to dismiss the complaint of various individual plaintiffs #580 is GRANTED with respect to plaintiffs' state common law claims and subject matter jurisdiction; Defendant Hannezo's motion to dismiss the claim against him for unjust enrichment #587 is GRANTED; Defendants' motion for summary judgment against the Liberty Media plaintiffs #632 is DENIED; Defendant Messier's motion for partial summary judgment #633 is DENIED; Defendant Hannezo's motion for partial summary judgment #637 is DENIED; Defendants' motion for partial summary judgment on certain of plaintiffs' claims #642 is GRANTED; Defendants' motion for partial summary judgment for plaintiffs' failure to establish reliance #645 is GRANTED; Plaintiff Liberty Media's motion for partial summary judgment on defendants' waiver defense #648 is GRANTED. The Court has reserved decision on the following motions: 370 ; #457 ; #465 ; #644 ; #643 ; #646 ; #647 ; #584 ; and #603 . The court concludes that the provisional trial date of 5/4/09 is unrealistic. Trial is adjourned to 9/29/09. The parties, with exception of Liberty Media, are directed to meet and confer and to propose a schedule for the resolution of all pre-trial matters by 7/31/09. (Signed by Judge Richard J. Holwell on 3/13/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tro)
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Filing 752
TRANSCRIPT of proceedings held on 3/02/09 before Judge Richard J. Holwell. (ama)
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Filing 748
ORDER In connection with the above case 02cv05571 counsel On 03/02/09:Lisa Albert; George Bushnell; Jae Calabro;Gailyn Campbell; Frederic Crapan; Andrew Erdlen; Jessica Holloway; Michael Malone; Michael Paskin; Mary Perschetz; Einal Philip; Merve Piaani; Jim Quinn; Penny Reid; Michael Reynolds; Paul Saunders; Adam Schloss; Daniel Slifkin; Paul Straus; Michael Swartz; Marie Christine-Tepenaeg; shall be permitted to bring his/her Blackberry or Telephonic device or laptop into the UNITED STATES COURTHOUSE at 500 Pearl Street. SO ORDERED (Signed by Judge Richard J. Holwell on 2/27/2009) (jmi)
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Filing 747
ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Anthony J. Harwood dated 2/25/09 re: Counsel requests an extension of the reply letter briefs from February 26, 2009 to March 5, 2009. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on 3/2/09) (mme)
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Filing 746
DECLARATION of Anthony J. Harwood in Opposition re: (31 in 1:07-cv-11305-RJH, 28 in 1:07-cv-10995-RJH, 647 in 1:02-cv-05571-RJH-HBP) MOTION for Partial Summary Judgment.. Document filed by Irish Life Investment Managers Limited, AGF Asset Management, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH, 1:07-cv-11305-RJH(Harwood, Anthony)
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Filing 745
AFFIDAVIT of Leslie M. Kelleher in Opposition re: #647 MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against Individual Plaintiffs For Lack Of Standing"). MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against Individual Plaintiffs For Lack Of Standing").. Document filed by KBC Asset Management N.V.. (Attachments: #1 Exhibit KBC 8, #2 Exhibit KBC 9, #3 Exhibit KBC 10, #4 Exhibit KBC 11, #5 Affidavit Certificate of Service)(Kelleher, Leslie)
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CASHIERS OFFICE REMARK on 734 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 01/30/2009, Receipt Number 676690. (jd)
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Filing 744
SEALED DOCUMENT placed in vault.(jri)
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Filing 743
STIPULATION AND ORDER OF SUBSTIUTION OF COUNSEL It is hereby stipulated and agreed that Browne Wood George LLP, 49 West 37th Street, New York, New York 10018, be and hereby is substituted as attorney of record for Lead Plaintiffs and Class Representatives Gerard Morel, Olivier Gerard, and the Retirement System for General Employees of the City of Miami Beach in the above entitled action in place and stead of Drier LLP, 499 Park Avenue, New York, New York, 10022, as of the date hereof. This Consent is without prejudice to (i) any rights Drier LLP may have to any fees, expenses, unrecorded time, or future recovery that the client may have in the above captioned litigation, and (ii) any rights or claims of the incoming attorneys or the client against Drier LLP. (Signed by Judge Richard J. Holwell on 2/18/09) (mme)
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Filing 742
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting (734) Motion for Jeffrey A. Lamken to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 2/18/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(mme)
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Transmission to Attorney Admissions Clerk. Transmitted re: (81 in 1:03-cv-02175-RJH) Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(mme)
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Filing 741
ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Scott D. Musoff dated 2/11/09 re: Counsel requests that the date for the submission of an affidavit regarding SGs control (or lack thereof) of certain documents be extended by one week, from February 12, 2009, as set by the Court at a hearing on January 29, 2009, to February 19, 2009, at 3 p.m. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on 2/12/09) (mme)
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Filing 740
SEALED DOCUMENT placed in vault.(jri)
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Filing 739
NOTICE OF APPEARANCE by Olivia Andree Vasilescu on behalf of Gerard Morel, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach (Vasilescu, Olivia)
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Filing 738
NOTICE OF APPEARANCE by Brian C. Kerr on behalf of Gerard Morel, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach (Kerr, Brian)
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Filing 737
AFFIRMATION of Maureen P. Reid in Support re: (77 in 1:03-cv-02175-RJH, 734 in 1:02-cv-05571-RJH-HBP) MOTION for Jeffrey A. Lamken to Appear Pro Hac Vice.. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Reid, Maureen)
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Filing 736
ORDER In light of the extended duration of an on-going criminal trial, the hearing presently scheduled for February 9, 2009 must be adjourned. The Court is available on March 2 and March 6, 2009. Counsel are requested to confer and advise chambers which date is preferable. Submissions regarding that of the action should still be made by February 6, 2009. (Signed by Judge Richard J. Holwell on 2/3/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(mme)
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Filing 735
ORDER For the reasons set forth in this order, the motion submitted by the Liberty Media plaintiffs' #707 is DENIED, and the motions submitted by GAMCO Investors, Inc. #713 , Irish Life Investment Managers Limited #708 , AGF Asset Management, S.A. 7088 , and the remaining individual plaintiffs 710 are GRANTED. (Signed by Judge Richard J. Holwell on 2/3/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(mme)
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Filing 734
MOTION for Jeffrey A. Lamken to Appear Pro Hac Vice. Document filed by Jeffrey Kurtz, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(dle)
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Filing 733
ORDER: For reasons further set forth in said Order, Vivendi's application for the return of the Subject Documents is denied. (Signed by Magistrate Judge Henry B. Pitman on 1/30/09) Copies Mailed by Chambers.(db)
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Filing 732
REPLY MEMORANDUM OF LAW in Support re: (707 in 1:02-cv-05571-RJH-HBP, 69 in 1:03-cv-02175-RJH) Notice (Other), Notice (Other), Notice (Other). Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
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Filing 731
ENDORSED LETTER addressed to Judge Richard J. Holwell from Anthony J. Harwood dated 1/23/09 re: Counsel write to advise to the Court that counsel for all parties are available for argument of the pending motions on 2/9/09 at 10:30 a.m. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 1/23/09) (tro)
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Filing 730
CERTIFICATE OF SERVICE of Objection to Magistrate Judge Pitman's Order and Declaration of Anthony J. Costantini in Support of the same on 01/23/2009. Document filed by Ernst & Young LLP. (Costantini, Anthony)
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Filing 729
DECLARATION of Anthony J. Costantini in Support re: #728 Objection (non-motion). Document filed by Ernst & Young LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 3A, #5 Exhibit 3B, #6 Exhibit 3C, #7 Exhibit 3D, #8 Exhibit 3E, #9 Exhibit 3F, #10 Exhibit 3G, #11 Exhibit 3H, #12 Exhibit 3I, #13 Exhibit 3J, #14 Exhibit 4, #15 Exhibit 4A, #16 Exhibit 4B, #17 Exhibit 4C, #18 Exhibit 4D, #19 Exhibit 4E)(Costantini, Anthony)
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Filing 728
Objection re: #711 Order of Magistrate Judge Pitman. Document filed by Ernst & Young LLP. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C)(Costantini, Anthony)
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Filing 727
SEALED DOCUMENT placed in vault.(jri)
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Filing 726
ENDORSED LETTER addressed to Judge Richard J. Holwell from Frederick J. Jekel dated 10/8/2008 re: Counsel respectfully request that the undersigned be removed from the dockets in the above-captioned matters. Motley Rice LLC will continue to represent the above-referenced Plaintiff's in those matters. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 1/20/2009) (jfe)
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Filing 725
SEALED DOCUMENT placed in vault.(jri)
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Filing 724
SEALED DOCUMENT placed in vault.(jri)
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Filing 723
SEALED DOCUMENT placed in vault.(jri)
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Filing 722
ORDER: Counsel are directed to appear for a hearing on all pending motions on 2/18/09 at 10:00 a.m., in Courtroom 17B, 500 Pearl Street, New York, NY, 10007. In the event that all claims are not dismissed on motion, and further assuming that claims by the Liberty Media plaintiffs are tried separately, the Court tentatively sets May 4, 2009 as the start date for trial of the remaining claims. Counsel are directed to confer and submit to the Court by Friday, February 13, 2009 a proposed schedule for the submission of a final pretrial order, motions in limine, oppositions thereto, proposed jury instructions and proposed voir dire. Counsel shall also submit by Friday, February 13, 2009, a written estimate of the number of days they believe will be required to present their case. Each estimate shall set forth the identity of the witnesses you are most likely to call and the projected length of each person's testimony (including cross). Please also include a three or four sentence description of each witness's proposed testimony. Plaintiffs, other than Liberty Media, and defendants shall confer among themselves and make one consolidated submission on behalf of all plaintiffs and one consolidated submission on behalf of all defendants. (Signed by Judge Richard J. Holwell on 1/20/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tro)
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Filing 721
ENDORSED LETTER addressed to Judge Richard J. Holwell from Leslie Kelleher dated 11/17/08 re: Request that the Court permit Plaintiffs to file the replacement CD-Roms containing the Standing Exhibits, as well as the Supplemental Kelleher Declaration. ENDORSEMENT: Application to file granted. All other issues raised by plaintiff's letter will be addressed if necessary, at oral argument. (Signed by Judge Richard J. Holwell on 1/16/09) (cd)
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Filing 720
ENDORSED LETTER addressed to Judge Richard J. Holwell from Leslie Kelleher dated 11/6/09 re: Request to file replacement CD with the Clerk. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Holwell on 1/11/08) (cd)
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Filing 719
MEMORANDUM OF LAW in Opposition re: (707 in 1:02-cv-05571-RJH-HBP, 69 in 1:03-cv-02175-RJH) Notice (Other), Notice (Other), Notice (Other) -LIBERTY MEDIA PLAINTIFFS MOTION FOR LEAVE TO FILE SURREPLIES IN FURTHER OPPOSITION TODEFENDANTS MOTIONS FOR SUMMARY JUDGMENT. Document filed by Jean-Marie Messier. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Malone, Michael)
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Filing 718
MEMORANDUM OF LAW in Opposition re: #707 Notice (Other), Notice (Other), Notice (Other) ("Memorandum Of Law In Opposition To Liberty Media Plaintiffs' Motion For Leave To File Surreplies In Further Opposition To Defendants' Motions For Summary Judgment"). Document filed by Universal Studios, Inc., Vivendi, S.A.. (Cameron, Timothy)
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Filing 717
AFFIDAVIT OF SERVICE of Notice of Motion and Defendant Guillaume Hannezos Memorandum of Law in Opposition to the Liberty Media Plaintiffs Motion for Leave to File Surreplies in Further Opposition to Defendants Motions for Summary Judgment and in Support of His Motion to Strike the Liberty Media Plaintiffs Proposed Surreply in Further Opposition to Defendant Guillaume Hannezos Motion for Partial Summary Judgment on 1/19/09. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Philip, Einat)
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Filing 716
MEMORANDUM OF LAW in Support re: (715 in 1:02-cv-05571-RJH-HBP, 71 in 1:03-cv-02175-RJH) MOTION to Strike Document No. (707) Exhibit D to Declaration of Bryan A. Erman. and in Opposition to the Liberty Media Plaintiffs Motion for Leave to File Surreplies in Further Opposition to Defendants Motions for Summary Judgment. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
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Filing 715
MOTION to Strike Document No. (707) Exhibit D to Declaration of Bryan A. Erman. Document filed by Guillaume Hannezo.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
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Filing 714
MEMORANDUM OF LAW in Support re: #713 MOTION for Leave to File Gamco Investors, Inc.'s Sur-reply in Opposition to Defendant Vivendi S.A.'s Motion for Summary Judgment Against Gamco Investors, Inc. For Lack of Standing.. Document filed by GAMCO Investors, Inc.. (Attachments: #1 Exhibit A)(Cappucci, Robert)
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Filing 713
MOTION for Leave to File Gamco Investors, Inc.'s Sur-reply in Opposition to Defendant Vivendi S.A.'s Motion for Summary Judgment Against Gamco Investors, Inc. For Lack of Standing. Document filed by GAMCO Investors, Inc.. (Attachments: #1 Text of Proposed Order)(Cappucci, Robert)
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Filing 712
ORDER: The individual plaintiffs' application to compel a further response to Interrogatory 20 is denied in part on the merits and denied in part as moot. To the extent the interrogatory seeks information for the period from 1998 through early 2000, the motion is denied on the grounds of relevance. To the extent the interrogatory seeks the reasons for particular transactions, the motion is denied on the ground that the interrogatory seeks information beyond the scope of that permitted by Local Civil Rule 33.3 and is not a more efficient mechanism of obtaining the information. In all other respects, in view if the representations mad in open court by counsel for Vivendi, Messier and Hannezo, the motion is denied as moot. The Individual Plaintiffs' application to compel 50ciete Generale Bank and Trust Luxembourg ("SG") to produce records concerning trading in Vivendi stock is denied. In the event that they are unable to resolve the issue on their own after my comments in Court, counsel are directed to advise my deputy, Mr. Ortiz, promptly of their availability to resolve the remaining issue concerning the subpoena to SG. The dispute concerning the putatively privileged documents produced by Vivendi is resolved as further set forth herein. The Individual Plaintiff's application to compel Vivendi to identify the bates numbers of the documents containing information responsive to Interrogatory 20 is denied without prejudice after counsel itself has attempted to locate the documents. (Signed by Magistrate Judge Henry B. Pitman on 1/9/09) (tro)
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Filing 711
ORDER for the foregoing reasons, plaintiffs' motion to compel is granted. SO ORDERED (Signed by Magistrate Judge Henry B. Pitman on 1/7/2009) Copies Transmitted By Chambers.(jmi) Modified on 1/8/2009 (jmi).
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Filing 709
MEMORANDUM OF LAW in Support re: (36 in 1:07-cv-11305-RJH) MOTION for Leave to File A Sur-Reply in Opposition to Defendants' Motion for Partial Summary Judgment Against Individual Plaintiffs for Lack of Standing.. Document filed by Irish Life Investment Managers Limited, AGF Asset Management, S.A.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH, 1:07-cv-11305-RJH(Harwood, Anthony)
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Filing 708
MOTION for Leave to File A Sur-Reply in Opposition to Defendants' Motion for Partial Summary Judgment Against Individual Plaintiffs for Lack of Standing. Document filed by Irish Life Investment Managers Limited, AGF Asset Management, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH, 1:07-cv-11305-RJH(Harwood, Anthony)
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Filing 707
NOTICE of Liberty Media Plaintiffs' Motion for Leave to File Surreplies in Further Opposition to Defendants' Motions for Summary Judgment. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Attachments: #1 Memorandum of Law In Support, #2 Declaration of Bryan A. Erman in Support, #3 Text of Proposed Order)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Calhoon, Michael)
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Filing 706
ENDORSED LETTER addressed to Judge Richard J. Holwell from Anthony J. Harwood dated 12/15/08 re: We would like to withdraw the Declaraoon of P. Reichard and substitute in its place a corrected version containing the complete exhibit A. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Richard J. Holwell on 12/22/08) (db)
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Filing 705
ENDORSED LETTER addressed to Judge Richard J. Holwell from John A. Kehoe dated 11/17/08 re: The Sealed Filings Clerk has informed counsel that they must obtain Your Honor's permission, by way of endorsed letter, to file the replacement set of CDs under seal with the Clerk of the Court. Accordingly, counsel respectfully requests that Your Honor granted such permission by endorsement. ENDORSEMENT: Application Granted. (Signed by Judge Richard J. Holwell on 12/17/08) (tro)
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Filing 701
CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Defendant Guillaume Hannezos Motion for Partial Summary Judgment, and supplemental Affirmation of Einat Philip on 12/12/08. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Philip, Einat)
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Filing 700
REPLY AFFIRMATION of Einat Philip in Support re: (50 in 1:03-cv-02175-RJH) MOTION for Partial Summary Judgment.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Philip, Einat)
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Filing 699
REPLY MEMORANDUM OF LAW in Support re: (637 in 1:02-cv-05571-RJH-HBP, 50 in 1:03-cv-02175-RJH) MOTION for Partial Summary Judgment.. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
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Filing 698
REPLY MEMORANDUM OF LAW in Support re: #642 MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against All Plaintiffs"). MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against All Plaintiffs"). ("Reply Memorandum In Further Support Of Defendants' Motion For Partial Summary Judgment Against All Plaintiffs"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. (Saunders, Paul)
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Filing 697
REPLY MEMORANDUM OF LAW in Support re: #633 MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier.. Document filed by Jean-Marie Messier. (Attachments: #1 Certificate of Service)(Straus, Paul)
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Filing 695
ENDORSED LETTER addressed to Judge Richard J. Holwell from Martha Rhodes dated 11/25/08 re: plaintiffs requests that the undersigned be removed from the dockets in the within captioned matters. Motley Rice LLC will continue to represent the above-referenced Plaintiffs in those matters. ENDORSEMENT: The Clerk is requested to remove Martha Rhodes a counsel for the plaintiffs on the Court Docket, So Ordered. (Signed by Judge Richard J. Holwell on 12/9/08) (pl)
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Filing 694
ENDORSED LETTER addressed to Judge Richard J. Holwell from Timothy G. Cameron dated 11/17/08 re: Counsel write on behalf of all defendants' to respectfully request (a) an extension of time to file reply briefs in further support of defendants' summary judgment motions so that such replies would be due on 12/12/08, and (b) permission to reallocate pages in those reply briefs in the same way that plaintiffs were permitted to do in their opposition briefs. Counsel for defendants and counsel for plaintiffs have conferred regarding the proposed new due date for reply submissions (part (a) above), and plaintiffs have no objection to defendants' proposed schedule. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 11/21/08) (tro)
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Filing 693
NOTICE of Firm Name Change [CORRECTED]. Document filed by Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Allianz Global Investors Kapitalanlagegesellschaft MBH, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringssktiebolag, Pensionskassernes Administration A/S, Allianz Global Investors Luxembourg S.A., Arbejdsmarkedets Tillaegspension ("ATP"), Industriens Pensionsforsikring A/S, Arca SGR S.p.A., Swedbank Robur Fonder AB, Fjarde Ap-Fonden. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(Kehoe, John)
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Filing 692
NOTICE of Firm Name Change. Document filed by Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Allianz Global Investors Kapitalanlagegesellschaft MBH, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringssktiebolag, Pensionskassernes Administration A/S, Allianz Global Investors Luxembourg S.A., Arbejdsmarkedets Tillaegspension ("ATP"), Industriens Pensionsforsikring A/S, Arca SGR S.p.A., Swedbank Robur Fonder AB, Fjarde Ap-Fonden. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(Kehoe, John)
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Filing 691
ENDORSED LETTER addressed to Judge Richard J. Holwell from Michael T. Reynolds dated 11/10/08 re: Request that Vivendi, S.A. have permission to respond on 11/25/08 to the Motion to Strike the Expert Report of John W. Peavy, III. ENDORSEMENT: SO ORDERED. Set Deadlines (Responses due by 11/25/2008) (Signed by Judge Richard J. Holwell on 11/13/08) (db)
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Filing 687
MEMORANDUM OF LAW in Opposition re: #644 MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Class Plaintiffs, Liberty Media Plaintiffs And Gamco Investors, Inc. For Failure To Establish Loss Causation"). MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Class Plaintiffs, Liberty Media Plaintiffs And Gamco Investors, Inc. For Failure To Establish Loss Causation").. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 686
MEMORANDUM OF LAW in Opposition re: (642 in 1:02-cv-05571-RJH-HBP) MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against All Plaintiffs"). MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against All Plaintiffs").. Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Bayern-Invest Kapitalanlagegesellschaft mbH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, HSBC Trinkaus & Burkhardt AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 685
MEMORANDUM OF LAW in Opposition re: (637 in 1:02-cv-05571-RJH-HBP) MOTION for Partial Summary Judgment.. Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Bayern-Invest Kapitalanlagegesellschaft mbH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, HSBC Trinkaus & Burkhardt AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 684
MEMORANDUM OF LAW in Opposition re: (633 in 1:02-cv-05571-RJH-HBP) MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier.. Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 683
MEMORANDUM OF LAW in Opposition re: (632 in 1:02-cv-05571-RJH-HBP) MOTION for Summary Judgment. (Opposition Filed Under Seal). Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
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Filing 682
MEMORANDUM OF LAW in Opposition re: (55 in 1:03-cv-02175-RJH, 642 in 1:02-cv-05571-RJH-HBP) MOTION for Partial Summary Judgment. (Opposition Filed Under Seal). Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
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Filing 681
MEMORANDUM OF LAW in Opposition re: (644 in 1:02-cv-05571-RJH-HBP, 56 in 1:03-cv-02175-RJH) MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Class Plaintiffs, Liberty Media Plaintiffs And Gamco Investors, Inc. For Failure To Establish Loss Causation"). MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Class Plaintiffs, Liberty Media Plaintiffs And Gamco Investors, Inc. For Failure To Establish Loss Causation"). (Opposition Filed Under Seal).. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
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Filing 680
MEMORANDUM OF LAW in Opposition re: (633 in 1:02-cv-05571-RJH-HBP) MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier. (Opposition Filed Under Seal). Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
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Filing 679
MEMORANDUM OF LAW in Opposition re: (637 in 1:02-cv-05571-RJH-HBP, 50 in 1:03-cv-02175-RJH) MOTION for Partial Summary Judgment. (Opposition Filed Under Seal). Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
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Filing 670
ENDORSED LETTER addressed to Judge Richard J. Holwell from James J. Sabella dated 10/23/08 re: Counsel requests an adjustment with respect to the allocation (but not the overall number) of pages for the Individual Plaintiffs briefs in opposition to defendants motion for summary judgment. ENDORSEMENT: Application granted. (Signed by Judge Richard J. Holwell on 10/28/08) (mme)
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Filing 669
ENDORSED LETTER addressed to Judge Richard J. Holwell from Arthur N. Abbey dated 10/23/08 re: Counsel requests a modification of the page limitations. ENDORSEMENT: Application granted. (Signed by Judge Richard J. Holwell on 10/27/08) (mme)
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Filing 667
COUNTER STATEMENT TO #650 Rule 56.1 Statement,. Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. (Saunders, Paul)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Paul Saunders to RE-FILE Document #666 Response to Motion. Use the event type Counter Statement to Rule 56.1 found under the event list Other Answers. (jar)
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Filing 666
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Counter Statement to Rule 56.1 Statement) - RESPONSE to Motion re: #648 MOTION for Partial Summary Judgment. ("Response To Liberty Media Plaintiffs' Local Rule 56.1 Statement Of Uncontested Facts"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A. (Saunders, Paul) Modified on 10/16/2008 (jar).
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Filing 665
MEMORANDUM OF LAW in Opposition re: #648 MOTION for Partial Summary Judgment. ("Memorandum Of Law In Opposition To Liberty Media Plaintiffs' Motion For Summary Judgment"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. (Saunders, Paul)
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Filing 664
ENDORSED LETTER addressed to Judge Richard J. Holwell from Matthew Gluck dated 10/3/08 re: Counsel for the parties have agreed on the following, subject to the courts approval: Plaintiffs do not object to the filing of Dr. Silbers report; Dr. Silber will be available for deposition on October 26, 2008; The time for plaintiffs to file answering briefs to defendants summary judgment motions is extended to October 31, 2008; The time for plaintiffs to file reply briefs is extended to November 25, 2008. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Holwell on 10/7/08) (mme)
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Filing 662
DECLARATION of Matthew F. Popowski in Support re: #660 MOTION for Leave to File Sur-Rebuttal Expert Report of Dr. William Silber.. Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Declaration of Matthew F. Popowsky)(Slifkin, Daniel)
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Filing 661
MEMORANDUM OF LAW in Support re: #660 MOTION for Leave to File Sur-Rebuttal Expert Report of Dr. William Silber. ("Memorandum Of Law In Support Of Defendants' Motion For Leave To File Sur-Rebuttal Expert Report"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. (Slifkin, Daniel)
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Filing 660
MOTION for Leave to File Sur-Rebuttal Expert Report of Dr. William Silber. Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..(Slifkin, Daniel)
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Filing 651
DECLARATION of Maureen P. Reid in Support re: #648 MOTION for Partial Summary Judgment.. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4-9, #5 Exhibit 10)(Calhoon, Michael)
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Filing 650
RULE 56.1 STATEMENT. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Calhoon, Michael)
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Filing 649
MEMORANDUM OF LAW in Support re: #648 MOTION for Partial Summary Judgment.. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Calhoon, Michael)
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Filing 648
MOTION for Partial Summary Judgment. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Attachments: #1 Text of Proposed Order)(Calhoon, Michael)
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Filing 647
MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against Individual Plaintiffs For Lack Of Standing"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 646
MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Individual Plaintiffs For Failure To Establish Loss Causation"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 645
MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants' Motion For Partial Summary Judgment Against Individual Plaintiffs For Failure To Establish Reliance"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 644
MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Class Plaintiffs, Liberty Media Plaintiffs And Gamco Investors, Inc. For Failure To Establish Loss Causation"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH, 1:03-cv-05911-RJH(Saunders, Paul)
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Filing 643
MOTION for Summary Judgment ("Notice Of Motion Of Defendant Vivendi, S.A. For Summary Judgment Against Gamco Investors, Inc. For Lack of Standing"). Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-05911-RJH(Saunders, Paul)
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Filing 642
MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against All Plaintiffs"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
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Filing 641
CERTIFICATE OF SERVICE of Notice of Motion, Memorandum of Law in Support of Defendant Guillaume Hannezo's Motion for Partial Summary Judgment, Affirmation of Einat Philip (with accompanying exhibits) and Defendant Guillaume Hannezo's Statement of Undisputed Material Facts Pursuant to Local Civil Rule 56.1 on 8/15/08. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Philip, Einat)
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Filing 640
AFFIRMATION of Einat Philip in Support re: (637 in 1:02-cv-05571-RJH-HBP, 50 in 1:03-cv-02175-RJH) MOTION for Partial Summary Judgment.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1 of 2, #4 Exhibit 3 Part 2 of 2, #5 Exhibit 4 Part 1 of 2, #6 Exhibit 4 Part 2 of 2, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7 Part 1 of 2, #10 Exhibit 7 Part 2 of 2, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Philip, Einat)
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Filing 639
RULE 56.1 STATEMENT. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
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Filing 638
MEMORANDUM OF LAW in Support re: (50 in 1:03-cv-02175-RJH) MOTION for Partial Summary Judgment.. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
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Filing 637
MOTION for Partial Summary Judgment. Document filed by Guillaume Hannezo.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
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Filing 636
DECLARATION of Kimberly L. Frederick in Support re: #633 MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier.. Document filed by Jean-Marie Messier. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Malone, Michael)
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Filing 635
RULE 56.1 STATEMENT. Document filed by Jean-Marie Messier. (Malone, Michael)
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Filing 634
MEMORANDUM OF LAW in Support re: #633 MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier.. Document filed by Jean-Marie Messier. (Malone, Michael)
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Filing 633
MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier. Document filed by Jean-Marie Messier. Responses due by 10/15/2008 (Attachments: #1 Certificate of Service)(Malone, Michael)
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Filing 632
MOTION for Summary Judgment. Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..(Quinn, James)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #629 HAS BEEN REJECTED. Note to Attorney Anthony Harwood : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar)
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Filing 629
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - REPLY MEMORANDUM OF LAW in Opposition (LETTER) re: (584 in 1:02-cv-05571-RJH-HBP) MOTION to Dismiss. Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Bayern-Invest Kapitalanlagegesellschaft mbH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, HSBC Trinkaus & Burkhardt AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Harwood, Anthony) Modified on 8/12/2008 (jar).
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Filing 628
ENDORSED LETTER addressed to Judge Richard J. Holwell from Lee Anne Walters dated 7/25/2008 re: Counsel respectfully request removal from the dockets in the above matters. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 8/7/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(jfe)
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Filing 627
STIPULATION AND ORDER: It is hereby stipulated and agreed that Capitalia withdraws its Section 18 claims against Mr. Hannezo with prejudice. (Signed by Judge Richard J. Holwell on 8/7/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH(jfe) Modified on 10/9/2008 (jfe).
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Filing 626
MEMORANDUM OF LAW in Support re: #603 MOTION to Lift Stay.. Document filed by PeterCam S.A./N.V., Pensions Management (SWF) Limited, CI Investments, Inc., Fortis Gesbeta SGIIC S.A., Gam Fund Management Limited, Scottish Widows PLC, Scottish Widows Unit Funds Limited, Lloyds TSB Group Pension Scheme No. 1, Lloyds TSB Group Pension Scheme No. 2, Lloyds TSB Asset Finance Division Pension Scheme, Lloyds TSB Offshore Funds Limited, Abbey Life Assurance Company Limited. (Strauss, Jesse)
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Filing 625
DECLARATION of Anthony J. Harwood in Support re: #603 MOTION to Lift Stay.. Document filed by PeterCam S.A./N.V., Pensions Management (SWF) Limited, CI Investments, Inc., Fortis Gesbeta SGIIC S.A., Gam Fund Management Limited, Scottish Widows PLC, Scottish Widows Unit Funds Limited, Lloyds TSB Group Pension Scheme No. 1, Lloyds TSB Group Pension Scheme No. 2, Lloyds TSB Asset Finance Division Pension Scheme, Lloyds TSB Offshore Funds Limited, Abbey Life Assurance Company Limited. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Harwood, Anthony)
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Filing 624
REPLY MEMORANDUM OF LAW in Support re: #603 MOTION to Lift Stay.. Document filed by CI Investments, Inc., Fortis Gesbeta SGIIC S.A., Gam Fund Management Limited, Scottish Widows PLC, Scottish Widows Unit Funds Limited, Lloyds TSB Group Pension Scheme No. 1, Lloyds TSB Group Pension Scheme No. 2, Lloyds TSB Asset Finance Division Pension Scheme, Lloyds TSB Offshore Funds Limited, Abbey Life Assurance Company Limited, PeterCam S.A./N.V., Pensions Management (SWF) Limited. (Harwood, Anthony)
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Filing 623
DECLARATION of Penny P. Reid in Support re: #580 MOTION to Dismiss the Complaint.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Certificate of Service)(Reid, Penny)
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Filing 622
REPLY MEMORANDUM OF LAW in Support re: #580 MOTION to Dismiss the Complaint.. Document filed by Vivendi, S.A.. (Reid, Penny)
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Filing 621
CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Defendant Guillaume Hannezo's Motion to Dismiss and Affirmation of Michael P. Bradley on 7/25/2008. Document filed by Guillaume Hannezo. (Bradley, Michael)
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Filing 620
REPLY AFFIRMATION of Michael P. Bradley in Support re: #584 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Bradley, Michael)
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Filing 619
REPLY MEMORANDUM OF LAW in Support re: #584 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 618
CERTIFICATE OF SERVICE of Memorandum of Law in Response to Motion to Lift the Stay and Affirmation of Einat Philip on 7/21/08. Document filed by Guillaume Hannezo. (Philip, Einat)
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Filing 617
AFFIRMATION of Einat Philip in Support re: #616 Response to Motion. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Philip, Einat)
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Filing 616
RESPONSE to Motion re: #603 MOTION to Lift Stay.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
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Filing 614
DECLARATION of Christine M. Mackintosh in Opposition re: (587 in 1:02-cv-05571-RJH-HBP) MOTION to Dismiss.. Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Bayern-Invest Kapitalanlagegesellschaft mbH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, HSBC Trinkaus & Burkhardt AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Exhibit A - M, #2 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 613
MEMORANDUM OF LAW in Opposition re: (587 in 1:02-cv-05571-RJH-HBP) MOTION to Dismiss. Individual Plaintiffs' Memorandum of Law in Opposition to Defendant Guillaume Hannezo's Motion to Dismiss. Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Bayern-Invest Kapitalanlagegesellschaft mbH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, HSBC Trinkaus & Burkhardt AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 612
RESPONSE to Motion re: #587 MOTION to Dismiss.. Document filed by Pioneer Investments Austria, GmbH. (Kelleher, Leslie)
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Filing 611
ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul C. Saunders dated 7/9/2008 re: Requesting clarification and confirmation from the Court that, Vivendi may now file seven memorandum (each not to exceed 35 pages) in support of the seven motions for summary judgment identified in paragraphs two through six of my June 5, 2008 letter. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 7/10/2008) (jpo)
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Filing 610
STIPULATION AND ORDER: The individual plaintiffs listed in schedule "A" withdraw their section 18 claims with prejudice. The individual plaintiffs listed in schedule "B" withdraw their common law fraud and deceit or common law fraud with prejudice. Vivendi and Messier agree to withdraw their requests for F.R.C.P. 30(b)(l) depositions of those persons listed in schedule "C", as set forth herein. (Signed by Judge Richard J. Holwell on 7/11/2008) (jpo)
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Filing 668
ENDORSED LETTER addressed to Judge Richard J. Holwell from Michael A. Paskin dated 7/7/08 re: For all the reasons set forth above, Defendants respectfully request that the Court issue a protective order under Rule 26(c) of the Federal Rules of Civil Procedure precluding Individual Plaintiffs from relying upon any fact discovery responsive to defendants' document requests and interrogatories that is not produced by Friday, July 11, 2008. ENDORSEMENT: The parties are requested to submit motions for protective order, a conference in connection there with, to Judge Pitman. So Ordered. (Signed by Judge Richard J. Holwell on 7/10/08) (js)
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***DELETED DOCUMENT. Deleted document number 608 Endorsed Letter. The document was incorrectly filed in this case. (pl)
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Filing 609
ENDORSED LETTER addressed to Judge Richard J. Holwell from Michael Calhoon dated 7/10/08 re: that the briefing on the Liberty Media plaintiffs motion for summary judgment follow the same schedule set forth for the Defendants motions in the courts 7/8/08 Order. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 7/10/08) (pl)
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Transmission to Attorney Admissions Clerk. Transmitted re: #594 Order Admitting Attorney Pro Hac Vice,,, to the Attorney Admissions Clerk for updating of Attorney Information. (dle)
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Filing 607
ORDER: Dr. Nye shall be deposed by 8/1/08. Defendants shall file their summary judgment motions by 8/15/08. Vivendi may file six memoranda, not exceed 35 pages each, relating to the motions identified in paragraphs one through six of Mr. Saunders's letter dated 6/5/08. Opposition papers shall be filed by 10/15/08. Reply papers shall be filed by 10/31/08. (Signed by Judge Richard J. Holwell on 7/8/08) (tro)
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Filing 606
CERTIFICATE OF SERVICE. Document filed by PeterCam S.A./N.V.. (Harwood, Anthony)
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Filing 605
AFFIDAVIT of Anthony J. Harwood in Support re: #603 MOTION to Lift Stay.. Document filed by PeterCam S.A./N.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Harwood, Anthony)
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Filing 604
MEMORANDUM OF LAW in Support re: #603 MOTION to Lift Stay.. Document filed by PeterCam S.A./N.V.. (Harwood, Anthony)
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Filing 603
MOTION to Lift Stay. Document filed by PeterCam S.A./N.V..(Harwood, Anthony)
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Filing 602
ENDORSED LETTER addressed to Judge Richard J. Holwell from Michael Calhoon dated 6/25/2008 re: Counsel writes to suggest that it would be helpful to the parties to know the Court's ruling on the issue of plaintiffs motion seeking leave to file a rebuttal expert report. ENDORSEMENT: Plaintiffs motion for leave to file a rebuttal expert report is granted. The deposition of Dr. Nye shall be completed by 7/11/2008. (Signed by Judge Richard J. Holwell on 6/30/2008) (jp)
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Filing 601
REPLY MEMORANDUM OF LAW in Support re: #565 MOTION Regarding Misleading Mass Mailing Sent to French Class Members by Certain Counsel for the Individual Plaintiffs.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 600
ORDER denying #576 Motion for Protective Order. Plaintiffs' application to amend the protective order additional restrictions on the use and dissemination of the deposition transcript of Wilbur Ross (Docket Item 576) is denied in all respects. Defendants' application to compel the individual plaintiffs to restore and search inaccessible media (including backup tapes) for documents is denied except that defendants may renew their application for this relief with respect to any individual plaintiff who has not (a) produced all relevant agreements or (b) produced any contemporaneous documents concerning that plaintiff's decision to purchase Vivendi stock. Any renewed application by defendants shall be made no later than 7/7/08. Plaintiffs shall have 14 calendar days to respond to any renewed application by defendants. Defendants are directed to submit their response to the 6/18/08 letter from Leslie M. Kelleher, Esq. no later than 7/3/08. (Signed by Magistrate Judge Henry B. Pitman on 6/27/08) Copies transmitted. (tro)
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Filing 599
ORDER: In light of the Court's Order modifying the summary judgment briefing schedule, the status conference scheduled for June 27, 2008 is adjourned sine die and will be reset at a time that the Court is prepared to hear argument on pending motions. The parties need not submit a proposal regarding a final pre-trial order and related filings at this time. (Signed by Judge Richard J. Holwell on 6/26/2008) (jpo)
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Filing 598
ORDER: Moving papers to be filed by 7/15/08. Opposition papers to be filed by 8/15/08. Reply papers to be filed by 8/25/08. (Signed by Judge Richard J. Holwell on 6/23/08) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tro)
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Filing 597
MEMORANDUM OF LAW in Opposition re: (565 in 1:02-cv-05571-RJH-HBP) MOTION Regarding Misleading Mass Mailing Sent to French Class Members by Certain Counsel for the Individual Plaintiffs. Memorandum of Law of Certain Plaintiffs in the Individual Actions in Opposition to Class Plaintiffs' "Motion Regarding Misleading Mass Mailing Sent to French Class Members". Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Bayern-Invest Kapitalanlagegesellschaft mbH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurter Service Kapitalanlagegesellschaft MBH, Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, HSBC Trinkaus & Burkhardt AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Declaration of James J. Sabella, #2 Declaration of Alexander Reus, #3 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Set Deadlines/Hearings: Discovery due by 7/11/2008. (cd)
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Filing 596
ORDER that defendants' application for an order precluding plaintiffs from conducting further discovery is granted, except to the following extent: plaintiffs may conduct the depositions of Anne Clarke-Wolff and Philippe Guez notwithstanding the passage of the deadline for the completion of fact discovery, and as further set forth in this document. Discovery deadline extended to 7/11/08. (Signed by Magistrate Judge Henry B. Pitman on 6/19/08) Copies sent by chambers.(cd)
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Filing 593
CERTIFICATE OF SERVICE of Defendants' Memorandum of Law in Opposition to Plaintiffs' Application to Modify the Protective Order and Affirmation of Einat Philip. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Philip, Einat)
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Filing 592
AFFIRMATION of Einat Philip in Opposition re: #576 MOTION for Protective Order Notice of Plaintiffs' Motion for Application for Entry of Supplement to Protective Order.. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Philip, Einat)
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Filing 591
MEMORANDUM OF LAW in Opposition re: #576 MOTION for Protective Order Notice of Plaintiffs' Motion for Application for Entry of Supplement to Protective Order.. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Perschetz, Martin)
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Filing 590
NOTICE of Supplemental Factual Submission. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit A, Pt. 1, #2 Exhibit A, Pt. 2)(Spencer, Michael)
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Filing 589
AFFIRMATION of Einat Philip in Support re: #587 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit 1)(Philip, Einat)
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Filing 588
MEMORANDUM OF LAW in Support re: #587 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Attachments: #1 Certificate of Service)(Perschetz, Martin)
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Filing 587
MOTION to Dismiss. Document filed by Guillaume Hannezo.(Perschetz, Martin)
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Filing 586
AFFIRMATION of Einat Philip in Support re: #584 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Philip, Einat)
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Filing 585
MEMORANDUM OF LAW in Support re: #584 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Attachments: #1 Certificate of Service)(Perschetz, Martin)
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Filing 584
MOTION to Dismiss. Document filed by Guillaume Hannezo.(Perschetz, Martin)
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Filing 583
DECLARATION of Frederic Crepin in Support re: #580 MOTION to Dismiss the Complaint.. Document filed by Vivendi, S.A.. (Reid, Penny)
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Filing 582
DECLARATION of Penny P. Reid in Support re: #580 MOTION to Dismiss the Complaint.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Reid, Penny)
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Filing 581
MEMORANDUM OF LAW in Support re: #580 MOTION to Dismiss the Complaint.. Document filed by Vivendi, S.A.. (Reid, Penny)
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Filing 580
MOTION to Dismiss the Complaint. Document filed by Vivendi, S.A.. Responses due by 7/16/2008(Reid, Penny)
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Filing 579
NOTICE OF APPEARANCE by Robert K. Kry on behalf of LMC USA VII, Inc., LMC USA VIII, Inc., Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Kry, Robert)
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Filing 578
ORDER in case 1:02-cv-05571-RJH-HBP; granting (44) Motion for Robert K. Kry to Appear Pro Hac Vice in case 1:03-cv-02175-RJH. (Signed by Judge Richard J. Holwell on 6/12/08) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(js)
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Filing 577
MEMORANDUM OF LAW in Support re: #576 MOTION for Protective Order Notice of Plaintiffs' Motion for Application for Entry of Supplement to Protective Order. Plaintiffs' Memorandum in Support of Application for Entry of Supplement to Protective Order. Document filed by Bruce Doniger. (Attachments: #1 Text of Proposed Order Exhibit A, #2 Certificate of Service)(Rodd, Stephen)
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Filing 576
MOTION for Protective Order Notice of Plaintiffs' Motion for Application for Entry of Supplement to Protective Order. Document filed by Bruce Doniger.(Rodd, Stephen)
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Transmission to Attorney Admissions Clerk. Transmitted re: (46 in 1:03-cv-02175-RJH) Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(js)
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Filing 575
ENDORSED LETTER addressed to Judge Richard J. Holwell from Michael Calhoon dated 6/9/08 re: Counsel writes this letter in response to Vivendi's June 5 letter, If the court grants additional pages to defendants, plaintiffs request additional time to respond. ENDORSEMENT: Vivendi's letter request of June 5, 2008 to expand page limit for its proposed motions is granted in part. Opening and opposition briefs may be up to 35 pages in length. Reply may be up to 20 pages in length. Viviendi's request for an extension of time is granted. (Signed by Judge Richard J. Holwell on 6/11/08) (mme)
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Filing 574
ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul A. Straus dated 6/10/2008 re: Counsel respectfully request that the Court reject Plaintiff's proposal prohibiting Messrs. Messier and Hannezo from filing their own motions to dismiss and for summary judgment within the existing page limits set by the Court. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Richard J. Holwell on 6/11/2008) (jfe)
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Filing 573
NOTICE OF DISMISSAL AS TO PLAINTIFF PIONEER INVESTMENTS AUSTRIA GmbH (f/k/a CAPITAL INVEST): Pursuant to Fed. R. Civ. P. 41(a)(1). Plaintiff Pioneer Investments Austria GmbH (f/k/a/ Capital Invest) hereby submits its notice of dismissal without prejudice of its claims in this matter as against Defendant's. (Signed by Judge Richard J. Holwell on 6/11/2008) (jfe)
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Filing 572
ENDORSED LETTER addressed to Judge Richard J. Holwell from William H. Narwold dated 6/5/2008 re: Counsel respectfully request that Mr. Evangelista that is affiliated with the law firm of Motley Rice L.L.C be removed form the docket in this action. ENDORSEMENT: The Clerk is directed to remove James Evangelista as counsel of record in this action. So Ordered. (Signed by Judge Richard J. Holwell on 6/11/2008) (jfe)
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Filing 571
DECLARATION of Paul C. Saunders in Support re: #565 MOTION Regarding Misleading Mass Mailing Sent to French Class Members by Certain Counsel for the Individual Plaintiffs.. Document filed by Vivendi, S.A.. (Attachments: #1 DRRT Letter with Translation, #2 Translator's Affidavit re DRRT Letter)(Saunders, Paul)
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Filing 570
NOTICE OF APPEARANCE by Bryan Anthony Erman on behalf of Liberty Media Corporation, LMC Capital LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
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Filing 594
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney Bryan Anthony Erman for Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc. and Liberty Media International, Inc. admitted Pro Hac Vice. (Signed by Judge Richard J. Holwell on 6/3/08) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(dle)
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Set Deadlines/Hearings: Responses due by 6/19/2008 (jpo)
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Filing 569
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Anthony J. Harwood dated 6/3/2008 re: Individual plaintiffs shall file and serve their response to Mr. Reynolds' letter on June 10, 2008. ENDORSEMENT: The schedule proposed herein is approved. (Signed by Magistrate Judge Henry B. Pitman on 6/5/2008) (jpo)
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Filing 568
ORDER: It is hereby ordered that if the parties are unable to agree on whether the protective order in this matter should be modified with respect to the continuation of the Ross deposition, plaintiffs are to serve and file their application to modify the protective order no later than 12:00 noon, New York time, on June 12, 2008. Plaintiffs shall serve their opposition papers in such a manner that all counsel either actually receive plaintiffs' papers by noon on June 12 at noon. Due to the abbreviated briefing schedule and the wide area over which counsel are located, service by e-mail or fax is sufficient. If defendants oppose plaintiffs' application to modify the protective order, they shall serve and file their opposition papers no later than 12:00 noon, New York time, on June 19, 2008. All parties' briefs shall be no longer than fifteen (15) pages, double spaced, in 12-point type, with one-inch margins on all sides, as set forth herein. Oral argument on the motion to modify the protective order will be held on June 20, 2008 at 10:00 a.m. Counsel will be advise of the number of the courtroom in which the argument will be held. (Signed by Magistrate Judge Henry B. Pitman on 6/9/2008) Copies Mailed By Chambers.(jpo)
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Filing 567
DECLARATION of Olivia Vasilescu in Support re: #565 MOTION Regarding Misleading Mass Mailing Sent to French Class Members by Certain Counsel for the Individual Plaintiffs.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kerr, Brian)
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Filing 566
MEMORANDUM OF LAW in Support re: #565 MOTION Regarding Misleading Mass Mailing Sent to French Class Members by Certain Counsel for the Individual Plaintiffs.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 565
MOTION Regarding Misleading Mass Mailing Sent to French Class Members by Certain Counsel for the Individual Plaintiffs. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
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Filing 564
ENDORSEMENT, Defendant Vivendi Universal, S.A.'s application, made by letter, dated June 2, 2008, to compel the production of documents concerning Motley Rice's relationship with the witness Jean-Charles Brisard is granted with respect to documents reflecting the amount Motley Rice has paid Brisard and the number of hours worked by Brisard. Insofar as Vivendi requests the Court to compel the production of documents that reflect the substance of Brisard's work for Motley Rice, the request is denied. Because Brisard's deposition is scheduled for June 11, Motley Rice is to complete its document production by 5:00 p.m. New York time on June 9, 2008. To the extent Vivendi seeks production of documents fro Brisard himself, that application is denied. Brisard is not a party and there has been no showing that a subpoena duces tecum has been served on him. There is, therefore, there is no legal basis on which to order him to produce documents. (Signed by Magistrate Judge Henry B. Pitman on 6/6/08) (mme)
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Filing 563
ENDORSED LETTER addressed to Judge Richard J. Holwell from Michael L. Calhoon dated 6/2/08 re: Counsel requests that this court conduct a hearing on the notion, filed April 23, 2008. Counsel requests leave to file a short surreply, not to exceed 10 pages and due within 7 days of this court's granting leave. ENDORSEMENT: oral argument will be held prior to any ruling. (Signed by Judge Richard J. Holwell on 6/5/08) (mme)
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CASHIERS OFFICE REMARK on #562 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/03/2008, Receipt Number 652860. (jd)
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Transmission to Attorney Admissions Clerk. Transmitted re: (12 in 1:07-cv-07778-RJH, 13 in 1:07-cv-07803-RJH, 13 in 1:07-cv-07776-RJH, 559 in 1:02-cv-05571-RJH-HBP, 12 in 1:07-cv-07779-RJH, 12 in 1:07-cv-09593-RJH, 16 in 1:07-cv-08208-RJH) Order on Motion to Appear Pro Hac Vice,,, (561 in 1:02-cv-05571-RJH-HBP) Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jfe)
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Filing 561
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: in case 1:02-cv-05571-RJH-HBP; granting (40) Motion for Bryan A. Erman to Appear Pro Hac Vice in case 1:03-cv-02175-RJH. (Signed by Judge Richard J. Holwell on 6/3/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(jfe)
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Filing 559
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF CHRISTINE M. MACKINTOSH: granting (12) Motion for Christine M. Mackintosh to Appear Pro Hac Vice in case 1:07-cv-07776-RJH; granting (11) Motion for Christine M. Mackintosh to Appear Pro Hac Vice in case 1:07-cv-07778-RJH; granting (11) Motion for Christine M. Mackintosh to Appear Pro Hac Vice in case 1:07-cv-07779-RJH; granting (12) Motion for Christine M. Mackintosh to Appear Pro Hac Vice in case 1:07-cv-07803-RJH; granting (15) Motion for Christine M. Mackintosh to Appear Pro Hac Vice in case 1:07-cv-08208-RJH; granting (11) Motion for Christine M. Mackintosh to Appear Pro Hac Vice in case 1:07-cv-09593-RJH; granting (535) Motion for Christine M. Mackintosh to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP. (Signed by Judge Richard J. Holwell on 6/3/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jfe)
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Filing 562
MOTION for Robert K. Kry to Appear Pro Hac Vice. Document filed by Liberty Media Corporation.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(djc)
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Filing 557
DECLARATION of Jessica R. Buturla in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A to Buturla Declaration, #2 Exhibit B to Buturla Declaration, #3 Exhibit C to Buturla Declaration, #4 Exhibit D to Buturla Declaration, #5 Exhibit E to Buturla Declaration)(Cameron, Timothy)
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Filing 556
DECLARATION of Geraud De Geouffre De La Pradelle in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Vivendi, S.A.. (Cameron, Timothy)
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Filing 555
DECLARATION of Paul Lagarde in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Vivendi, S.A.. (Cameron, Timothy)
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Filing 554
DECLARATION of Guy Carcassonne in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Vivendi, S.A.. (Cameron, Timothy)
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Filing 553
DECLARATION of Olivia Vasilescu in Support re: #522 MOTION for Leave to File A Rebuttal Expert Report.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kerr, Brian)
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Filing 552
REPLY MEMORANDUM OF LAW in Support re: #522 MOTION for Leave to File A Rebuttal Expert Report.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 551
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENTS #554-557) - DECLARATION of Jessica R. Buturla in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A to Declaration of Jessica R. Buturla, #2 Exhibit B to Declaration of Jessica R. Buturla, #3 Exhibit C to Declaration of Jessica R. Buturla, #4 Exhibit D to Declaration of Jessica R. Buturla, #5 Exhibit E to Declaration of Jessica R. Buturla)(Cameron, Timothy) Modified on 6/9/2008 (lb).
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Filing 550
AFFIDAVIT of Leila F. Bose in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Vivendi, S.A.. (Cameron, Timothy)
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Filing 549
REPLY MEMORANDUM OF LAW in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). ("Defendant Vivendi, S.A.'s Reply Memorandum Of Law In Further Support Of Its Motion For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). Document filed by Vivendi, S.A.. (Cameron, Timothy)
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Filing 548
ORDER ACKNOWLEDGING VOLUNTARY DISMISSAL OF CLAIMS BY ALLIANZ GLOBAL INVESTORS IRELAND LIMITED: The Court hereby acknowledges that Plaintiffs Notice of Voluntary Dismissal of Claims Pursuant to F.R.C.P. 41(a)(l)(i) is effective, without order of court, to dismiss without prejudice Plaintiff's claims against Defendants. (Signed by Judge Richard J. Holwell on 5/28/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH(jpo)
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Filing 547
ORDER ACKNOWLEDGING VOLUNTARY DISMISSAL OF CLAIMS BY FAMANDSFORENINGEN PENSAM INVEST: The Court hereby acknowledges that Plaintiff's Notice of Voluntary Dismissal of Claims pursuant to F.R.C.P. 41(a)(l)(i) is effective, without order of court, to dismiss without prejudice Plaintiff's claims against Defendants. (Signed by Judge Richard J. Holwell on 5/28/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11092-RJH(jpo)
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Filing 546
ORDER: For reasons further set forth in said Order, plaintiff's application to stay the reopening of Rose's deposition pending Judge Richard J. Holwell's ruling on plaintiff's appeal from my 5/6/08 Order is GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 5/28/08) (db)
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CASHIERS OFFICE REMARK on #535 Motion to Appear Pro Hac Vice,,,,,,, in the amount of $25.00, paid on 5/20/08, Receipt Number 651957. (Quintero, Marcos)
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Filing 545
DECLARATION of Jessica R. Buturla in Opposition re: #522 MOTION for Leave to File A Rebuttal Expert Report.. Document filed by Universal Studios, Inc., Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Saunders, Paul)
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Filing 544
MEMORANDUM OF LAW in Opposition re: #522 MOTION for Leave to File A Rebuttal Expert Report.. Document filed by Universal Studios, Inc., Vivendi, S.A.. (Saunders, Paul)
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Filing 543
DECLARATION of Olivia Zach in Support re: (15 in 1:03-cv-05911-RJH, 491 in 1:02-cv-05571-RJH-HBP, 36 in 1:03-cv-02175-RJH) MOTION for Judgment on the Pleadings.. Document filed by Vivendi Universal, Vivendi Universal, S.A., Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A., Vivendi Universal S.A., Vivendi Universal, S.A.. (Attachments: #1 Exhibit A to Declaration of Olivia Zach, #2 Exhibit B to Declaration of Olivia Zach, #3 Exhibit C to Declaration of Olivia Zach, #4 Exhibit D to Declaration of Olivia Zach, #5 Exhibit E to Declaration of Olivia Zach, #6 Exhibit F to Declaration of Olivia Zach, #7 Exhibit G to Declaration of Olivia Zach)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH, 1:03-cv-05911-RJH(Saunders, Paul)
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Filing 542
REPLY MEMORANDUM OF LAW in Support re: (15 in 1:03-cv-05911-RJH, 491 in 1:02-cv-05571-RJH-HBP, 36 in 1:03-cv-02175-RJH) MOTION for Judgment on the Pleadings. ("Reply Memorandum In Support Of Defendants' Motion For Patial Judgment On The Pleadings"). Document filed by Vivendi Universal, Vivendi Universal, S.A., Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A., Vivendi Universal S.A., Vivendi Universal, S.A.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH, 1:03-cv-05911-RJH(Saunders, Paul)
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Filing 541
ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul C. Saunders dated 5/21/08 re: Vivendi requests permission to combine into one its reply memoranda to two opposition briefs, also requesting permission to submit a single reply that does not exceed 20 pages. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Richard J. Holwell on 5/21/08) (db)
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Filing 540
ORDER: Having reviewed Magistrate Judge Henry B. Pitman's 5/6/08 Order, Plaintiffs' Objection thereto and Defendants' Memorandum of Law in Opposition, the Court concludes that Magistrate Judge Henry B. Pitman's Order is neither clearly erroneous nor contrary to law. Accordingly, the Plaintiffs' application is denied. (Signed by Judge Richard J. Holwell on 5/23/08) (db)
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Filing 537
AFFIRMATION of Shanon N. LaCorte in support of Defendants' Memorandum of Law in Opposition to Plaintiffs' Rule 72(a) Objection to Magistrate Judge Pitman's May 6, 2008 Order Reopening the Expert Deposition of Wilbur L. Ross. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Certificate of Service)(Lacorte, Shanon)
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Filing 536
MEMORANDUM OF LAW in Opposition re: #519 Brief,, #517 Notice (Other), #518 Brief Plaintiffs' Rule 72(a) Objection to Magistrate Judge Pitman's May 6, 2008 Order Reopening the Expert Depostion of Wilbur L. Ross. Document filed by Vivendi Universal, S.A., Guillaume Hannezo, Jean-Marie Messier. (Attachments: #1 Certificate of Service)(Perschetz, Martin)
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Filing 535
MOTION for Christine M. Mackintosh to Appear Pro Hac Vice. Document filed by Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., HSBC Trinkaus & Burkhardt AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG, Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Barry Family, LP, Eleanor Turberg, Miami Group, Pearson-Doniger Family, Prigest, S.A, Tocqueville Finance, S.A, Ruth` Pearson Trust, Capital Invest, GAMCO Investors, Inc., Allianz Global Investors Kapitalanlagegesellschaft MBH, Allianz Global Investors Luxembourg S.A., Allianz Global Investors Ireland Limited, Oppenheim Kapitalanlagegesellschaft mbH, AGF Asset Management, S.A., William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(dle)
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Filing 534
MEMO ENDORSED ON DEFENDANT'S MOTION FOR LEAVE TO RESPOND TO PLAINTIFF'S OBJECTION TO MAGISTRATE JUDGE PITMAN'S MAY 6, 2008 ORDER REOPENING THE ROSS DEPOSITION: Counsel respectfully request permission for leave to file a response to Plaintiff's objection on or before May 21, 2008. ENDORSEMENT: Application Granted So Ordered. (Signed by Judge Richard J. Holwell on 5/20/2008) (jfe)
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Filing 533
ORDER granting (26) Motion for Donald A. Migliori to Appear Pro Hac Vice in case 1:07-cv-08830-RJH; granting (22) Motion for Donald A. Migliori to Appear Pro Hac Vice in case 1:07-cv-10578-RJH; granting (24) Motion for Donald A. Migliori to Appear Pro Hac Vice in case 1:07-cv-10954-RJH; granting (497) Motion for Donald A. Migliori to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP. (Signed by Judge Richard J. Holwell on 5/19/08) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(cd) Modified on 5/19/2008 (kkc).
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Transmission to Attorney Admissions Clerk. Transmitted re: #533 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
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CASHIERS OFFICE REMARK on #525 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 5/15/08, Receipt Number 650816. (Quintero, Marcos)
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Filing 532
MOTION for Leave to File Response to Plaintiffs' Objection to Magistrate Judge Pitman's May 6, 2008 Order Reopening the Ross Deposition. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Attachments: #1 Certificate of Service)(Perschetz, Martin)
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Filing 531
DECLARATION of Vincent R. Cappucci in Opposition re: #491 MOTION for Judgment on the Pleadings Notice of Motion of Defendants Vivendi, S.A., Universal Studios, Inc., Jean-Marie Messier and Guillaume Hannezo for Partial Judgment on the Pleadings.. Document filed by GAMCO Investors, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, Part 1, #5 Exhibit D, Part 2, #6 Exhibit E)(Cappucci, Robert)
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Filing 530
MEMORANDUM OF LAW in Opposition re: #491 MOTION for Judgment on the Pleadings Notice of Motion of Defendants Vivendi, S.A., Universal Studios, Inc., Jean-Marie Messier and Guillaume Hannezo for Partial Judgment on the Pleadings.. Document filed by GAMCO Investors, Inc.. (Cappucci, Robert)
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Filing 528
DECLARATION of Michael L. Calhoon in Opposition re: (36 in 1:03-cv-02175-RJH) MOTION for Judgment on the Pleadings.. Document filed by LMC USA VII, Inc., LMC USA VIII, Inc., Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Attachments: #1 Exhibits 2-4, 6 & 8-18 FILED UNDER SEAL, #2 Exhibit 1, #3 Exhibit 5 - Part 1 of 2, #4 Exhibit 5 - Part 2 of 2, #5 Exhibit 7, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 23, #11 Exhibit 24, #12 Exhibit 25, #13 Exhibit 26)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Reid, Maureen)
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Filing 527
RESPONSE in Opposition re: (36 in 1:03-cv-02175-RJH) MOTION for Judgment on the Pleadings.. Document filed by LMC USA VII, Inc., LMC USA VIII, Inc., Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Jean-Marie Messier. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Reid, Maureen)
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Filing 525
MOTION for Nathan D. Finch to Appear Pro Hac Vice. Document filed by Pioneer Investments Austria, GmbH.(dle)
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Filing 524
DECLARATION of Olivia Vasilescu in Support re: #522 MOTION for Leave to File A Rebuttal Expert Report.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit A)(Kerr, Brian)
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Filing 523
MEMORANDUM OF LAW in Support re: #522 MOTION for Leave to File A Rebuttal Expert Report.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 522
MOTION for Leave to File A Rebuttal Expert Report. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
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Filing 521
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney Nathan D. Finch is admitted for individual plaintiff Pioneer Investments Austria GmbH in Case No. 02Civ. 5571 to practice as counsel Pro Hac Vice in the above captioned case. (Signed by Judge Richard J. Holwell on 5/14/08) (tro)
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Transmission to Attorney Admissions Clerk. Transmitted re: #521 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro)
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Filing 519
BRIEF Declaration of Stephen Rodd in Support of Plaintiffs' Objection to Magistrate Judge Pitman's May 6, 2008 Order Reopening the Ross Deposition. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A-May 6, 2008 Transcript of telephonic conference before Magistrate Judge Pitman [excerpts of transcript filed under seal], #2 Exhibit B - May 9, 2007 News Release published by US Dept. of Labor, #3 Exhibit C-Magistrate Judge Pitman's March 5, 2008 Order, #4 Exhibit D-March 27, 2008 email correspondence from Paul Saunders, #5 Exhibit E - Document filed under seal, #6 Exhibit F - Document filed under seal, #7 Exhibit G - May 6, 2006 letter from John M. Newman)(Rodd, Stephen)
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Filing 518
BRIEF Plaintiffs Objection to Magistrate Judge Pitman's May 6, 2008 Order Reopening the Ross Deposition. Document filed by Bruce Doniger.(Rodd, Stephen)
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Filing 517
NOTICE of Notice of Objection to Magistrate Judge Pitman's May 6, 2008 Order Reopening the Ross Deposition. Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 516
ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul Saunders dated 5/7/08 re: Request for an extension of time of the date by which defendant Vivendi must submit its reply in further support of its Motion for Partial Reconsideration of the Court's Decision Certifying a Plaintiff Class to 6/2/08. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). ( Reply due by 6/2/2008.) (Signed by Judge Richard J. Holwell on 5/12/08) (cd).
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Filing 515
RESPONSE re: #481 Objection (non-motion) to Magistrate Judge Henry B. Pitman's 4/1/08 Order. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Certificate of Service)(Spencer, Michael)
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Filing 513
ORDER: I adhere to the conclusion reached in my April 23, 2008 order and conclude that PIA, by virtue of its intervention, is an individual party in the Class Action, but is entitled to conduct discovery as a party in accordance with the schedule set by Judge Holwell in his January 7, 2008 Scheduling Order (Docket Item 403). To the extent PIA has served discovery in Docket No. 02 Civ 5571 in accordance with the January 7, 2008 Scheduling Order, Hannezo must must respond to it. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 5/2/08) (js)
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Filing 512
RESPONSE to Motion re: (457 in 1:02-cv-05571-RJH-HBP) MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Norges Bank, Helaba Invest Kapitalanlagegesellschaft MBH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
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Filing 511
CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Motion for Partial Reconsideration of the Court's Decision Certifying a Plaintiff Class that Includes French Shareholders, and supporting documents served on Defendants on 5/2/2008. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 510
DECLARATION of Olivia Vasilescu in Opposition re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kerr, Brian)
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Filing 509
DECLARATION of Pierre de Montalivet in Opposition re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 508
DECLARATION of Christophe Seraglini in Opposition re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 507
DECLARATION of Alexis Mourre in Opposition re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5a, #6 Exhibit 5b, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Kerr, Brian)
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Filing 506
MEMORANDUM OF LAW in Opposition re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). Redacted Version. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 505
MEMO ENDORSEMENT granting #496 Motion for Leave to File Response to Defendant Vivendi's Objection to Magistrate Judge Pitmans' Order of 4/1/08. ENDORSEMENT: Defendant has informed the Court that it does not oppose Plaintiffs' motion for leave to respond. This motion #496 is granted. (Signed by Judge Richard J. Holwell on 5/2/08) (tro)
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Filing 504
AFFIRMATION of William B. Scoville, Jr. in Support re: #465 MOTION to Approve Class Plaintiffs' Plan For Class Notice.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Scoville, William)
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Filing 503
DECLARATION of William B. Scoville, Jr. in Support re: #465 MOTION to Approve Class Plaintiffs' Plan For Class Notice.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3-12)(Scoville, William)
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Filing 502
REPLY MEMORANDUM OF LAW in Support re: #465 MOTION to Approve Class Plaintiffs' Plan For Class Notice.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Spencer, Michael)
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Filing 501
ORDER granting #451 Motion for Frederick Jekel to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Richard M. Berman on 4/28/08) (cd)
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Filing 500
ORDER granting #456 Motion for Badge S. Humphries to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Richard M. Berman on 4/28/08) (cd)
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Filing 499
ORDER granting #454 Motion for Ann Kimmel Ritter to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Richard M. Berman on 4/28/08) (cd)
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Filing 498
ORDER granting #485 Motion for Lee Anne Walters to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Richard M. Berman on 4/28/08) (cd)
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Transmission to Attorney Admissions Clerk. Transmitted re: #498 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
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Transmission to Attorney Admissions Clerk. Transmitted re: #499 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
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Transmission to Attorney Admissions Clerk. Transmitted re: #501 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
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Transmission to Attorney Admissions Clerk. Transmitted re: #500 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
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CASHIERS OFFICE REMARK on #497 Motion to Appear Pro Hac Vice,,, in the amount of $25.00, paid on 04/28/2008, Receipt Number 649190. (jd)
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CASHIERS OFFICE REMARK on #485 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 04/16/2008, Receipt Number 647709. (jd)
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Filing 497
MOTION for Donald Migliori to Appear Pro Hac Vice. Document filed by Union Asset Mangement Holding AG, Indexchange Investment AG, SEB Investment Mangement AB, Raiffeisen Kapitalanlage-Gesellschaft m.b.H, Pioneer Investments Kapitalanlage-Gesellschaft m.b.H., Pioneer Investments Austria GmbH, LRI Landsbank Rheinland-Pfalz International S.A., Oppenheim Kapitalanlagegesellschaft mbH, Landesbank Berlin Investment GmbH, Deutsche Asset Management Investmentgesellschaft mbH, DWS Investment GmbH, Skandia Insurance Company Ltd., Fortis Investment Management SA, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Oppenheim Asset Management Services S.`ar.l., Pioneer Investment Management SGRPA, Universal-Investment-Gesellshaft mbH, Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(dle)
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Filing 496
MOTION for Leave to File Response to Defendant Vivendi's Objection to Magistrate Judge Pitmans' Order of 4/1/08. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Proposed Response, #2 Certificate of Service)(Spencer, Michael)
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Filing 495
ORDER: I conclude that PIA, by virtue of its intervention, is a party in the Class Action, but is entitled to conduct discovery as a party in accordance with the schedule set by Judge Holwell in his January 7, 2008 Scheduling Order (Docket Item 403). To the extent PIA has served discovery in the Class Action in accordance with the January 7, 2008 Scheduling Order, Hannezo must respond to it. So Ordered (Signed by Magistrate Judge Henry B. Pitman on 4/23/08) (js)
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Filing 494
STIPULATION AND ORDER: It is hereby stipulated, by and between the undersigned counsel, that Defendants withdraw Messier's Contention Interrogatories (Signed by Magistrate Judge Henry B. Pitman on 4/11/08) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(js)
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Filing 493
STIPULATION AND ORDER: It is hereby stipulated, by and between the undersigned counsel, that, in light of and pursuant to the terms of Magistrate Judge Pitman's April 10, 2008 Order, Mr. Hannezo withdraws his contention Interrogatories. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 4/23/08) (js)
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Filing 492
MEMORANDUM OF LAW in Support re: (15 in 1:03-cv-05911-RJH, 491 in 1:02-cv-05571-RJH-HBP, 36 in 1:03-cv-02175-RJH) MOTION for Judgment on the Pleadings. Memorandum in Support of Defendants' Motion for Partial Judgment on the Pleadings. Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH, 1:03-cv-05911-RJH(Saunders, Paul)
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Filing 491
MOTION for Judgment on the Pleadings Notice of Motion of Defendants Vivendi, S.A., Universal Studios, Inc., Jean-Marie Messier and Guillaume Hannezo for Partial Judgment on the Pleadings. Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH, 1:03-cv-05911-RJH(Saunders, Paul)
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Filing 490
DECLARATION of Jessica R. Buturla in Opposition re: #465 MOTION to Approve Class Plaintiffs' Plan For Class Notice.. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Saunders, Paul)
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Filing 489
MEMORANDUM OF LAW in Opposition re: #465 MOTION to Approve Class Plaintiffs' Plan For Class Notice. Defendants' Memorandum of Law in Opposition to Class Plaintiffs' Motion for Approval of Plan for Class Notice. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Saunders, Paul)
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Filing 488
STIPULATION: It is hereby stipulated and agreed and between the parties that Vivendi, S.A. and Messier will each conduct an electronic search in their respective document productions to Class Plaintiffs, to Individual Plaintiffs no later than April 9, 2008. Vivendi, S.A. and Messier will not seek communication with any Individual Plaintiffs concerning any claim or defense in these actions not identified by Vivendi S.A. and Messier by April 9, 2008. Individual Plaintiffs agree to withdraw Document Request Nos. 1-8 and interrogatories nos. 1 and 18 of discovery requests. Individual Plaintiffs agree to withdraw topics nos. 3 and 4 on Schedule A to the 30(b)(6) Deposition Notice, and topics nos. 1 and 3 on Schedule B to the 30(b)(1) Deposition Notice, as set forth herein. If Vivendi S.A. or Messier refuse to allow a deposition with respect to any document identified pursuant to this stipulation, then Vivendi, S.A. may not introduce that document as evidence of communication with an Individual Plaintiff. Vivendi S.A. and Messier have a continuing duty under F.R.C.P. 26(e) to supplement the information they provided pursuant to this stipulation. (Signed by Magistrate Judge Henry B. Pitman on 4/15/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo)
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Filing 487
FIRST AMENDED COMPLAINT against Vivendi Universal, S.A., Guillaume Hannezo, Jean-Marie Messier.Document filed by Pioneer Investments Austria, GmbH.(dle)
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Filing 486
ENDORSED LETTER addressed to Judge Richard J. Holwell from Michael L. Calhoon dated 4/15/08 re: Liberty Media requests that the Court allow Liberty Media's and GAMCO's oppositions to Vivendi's motion to dismiss to be filed 30 days after the filing of Vivendi's motions. ENDORSEMENT: Vivendi shall move by April 23, 2008. Liberty Media and GAMCO shall respond by May 16, 2008. Vivendi shall reply by May 26, 2008. ( Motions due by 4/23/2008. Responses due by 5/16/2008, Replies due by 5/26/2008.) (Signed by Judge Richard J. Holwell on 4/16/08) (tro)
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Filing 485
MOTION for Lee Anne Walters to Appear Pro Hac Vice. Document filed by Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(dle)
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Filing 484
STIPULATION AND ORDER: Defendants will serve and file any opposing affidavits and answering memoranda by 4/23/08. (Signed by Judge Richard J. Holwell on 4/14/08) (tro)
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Filing 483
DECLARATION of Adam M. Schloss in Support re: #481 Objection (non-motion), #480 Notice (Other), #482 Declaration in Support,. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 10 Part 1, #2 Exhibit 10 Part 2, #3 Exhibit 10 Part 3, #4 Exhibit 10 Part 4, #5 Exhibit 11, #6 Exhibit 12 Part 1, #7 Exhibit 12 Part 2, #8 Exhibit 12 Part 3, #9 Exhibit 13)(Polkes, Jonathan)
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Filing 482
DECLARATION of Adam M. Schloss in Support re: #481 Objection (non-motion), #480 Notice (Other). Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Polkes, Jonathan)
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Filing 481
Objection re: #480 Notice (Other), #469 Order,,,,,. Document filed by Vivendi, S.A.. (Attachments: #1 Certificate of Service)(Polkes, Jonathan)
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Filing 480
NOTICE of Objection to Magistrate Judge Henry B. Pitman's 4/1/08 Order. Document filed by Vivendi, S.A. (Polkes, Jonathan) Modified on 4/15/2008 (db). Modified on 4/15/2008 (db).
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Filing 479
TRANSCRIPT of proceedings held on 3/31/08 before Magistrate Judge Henry B. Pitman. (ama)
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Filing 478
TRANSCRIPT of proceedings held on 4/03/08 before Magistrate Judge Henry B. Pitman. (ama)
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Filing 477
ORDER ADMITTING ATTORNEY PRO HAC VICE: It is hereby ordered that Kevin C. Maclay is admitted to practice pro hac vice as counsel for SEB Investment GmbH. (Signed by Judge Richard J. Holwell on 4/8/2008) (jpo)
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Filing 476
ORDER ADMITTING ATTORNEY PRO HAC VICE: It is hereby ordered that Nathan D. Finch is admitted to practice pro hac vice as counsel for SEB Investment GmbH. (Signed by Judge Richard J. Holwell on 4/8/2008) (jpo)
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Filing 475
ORDER; regarding the resolution of discovery disputes that were resolved at the conference held on 4/3/08 in the manner that is set forth in this Order. (Signed by Magistrate Judge Henry B. Pitman on 4/10/08) (pl)
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Filing 474
ORDER granting Motion for Elizabeth S. Smith to Appear Pro Hac Vice these cases. (Signed by Judge Richard J. Holwell on 4/8/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(jpo)
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Filing 473
ORDER granting Motion for Martha Rhodes to Appear Pro Hac Vice these actions. (Signed by Judge Richard M. Berman on 4/8/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(jpo)
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Filing 472
ORDER: It is hereby ordered that the motion of PIA for leave to file an amended complaint is hereby granted, and PIA is granted leave to file the amended complaint attached as exhibit 1 to the motion. PIA is an individual plaintiff in case no. 02-cv-5571, and the January 7,2008 scheduling order will apply to this action. (Signed by Judge Richard J. Holwell on 4/8/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo)
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Filing 471
ENDORSED LETTER addressed to Judge Richard J. Holwell from Jesse Strauss dated 3/24/08 re: Your Honor is requested to So Order the filing of Plaintiff's Second Amended Complaint if Your Honor deems such an order necessary. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 4/8/08) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(tro)
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Filing 470
MEMO ENDORSEMENT granting (405) Motion to Substitute Attorney. Added attorney Maureen Patricia Reid for Liberty Media Corporation, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc. and Liberty Media International, Inc. Attorney Steven R. Gustavson terminated in case 1:02-cv-05571-RJH-HBP. ENDORSEMENT: SO ORDERED(Signed by Judge Richard J. Holwell on 4/2/08) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(tro) (Additional attachment(s) added on 4/10/2008: # 1 Order) (rw). (Additional attachment(s) added on 4/10/2008: #2 Main) (rw).
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Filing 469
ORDER: It is hereby ordered that class plaintiffs' application to strike the redactions from the document VU01623103-05 is denied. All plaintiffs are directed to return all unredacted copies of this document within ten (10) days of the date of this order. Defendants' application to reopen discovery concerning the possibility that illegal payments or other inducements may have been offered to some plaintiffs is granted in part. Defendants are permitted to depose, by written questions, Oliver Marie-Guillaume Gerard Morel and the Retirement System for General Employees of the City of Miami Beach concerning this matter. Defendants may serve a total of twenty-five (25) questions on each of these parties; subparts shall be counted as separate questions. Gerard, Morel and the Retirement System are to submit answers, pursuant to 28 U.S.C. 1746, within twenty days and may assert any objection believed to be valid, as set forth in this order. Liberty Media's application to compel supplemental responses to its requests for admissions is denied except as noted herein. Plaintiffs' and Defendants' applications concerning each others' responses to interrogatories are withdrawn with prejudice. (Signed by Magistrate Judge Henry B. Pitman on 4/1/2008) Copies Mailed By Chambers.(jpo)
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Filing 468
ENDORSED LETTER addressed to Judge Richard J. Holwell from Brian C. Kerr dated 3/26/08 re: Counsel for Class plaintiffs request that they have until May 2 to respond to Vevendi's motion. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge Richard J. Holwell on 3/28/08) (js)
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Filing 467
AFFIDAVIT of Jeanne C. Finegan in Support re: #465 MOTION to Approve Class Plaintiffs' Plan For Class Notice.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit A)(Kerr, Brian)
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Filing 466
MEMORANDUM OF LAW in Support re: #465 MOTION to Approve Class Plaintiffs' Plan For Class Notice.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 465
MOTION to Approve Class Plaintiffs' Plan For Class Notice. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
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Filing 464
NOTICE of Class Plaintiffs' Motion For Approval Of Plan For Class Notice. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
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Filing 463
NOTICE of Change of Law Firm Name. Document filed by Miami Group. (Scoville, William)
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Filing 462
DECLARATION of ("Supplemental Declaration of Timothy G. Cameron") in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit K to Supplemental Declaration of Timothy G. Cameron, #2 Exhibit M to Supplemental Declaration of Timothy G. Cameron, #3 Supplement Affidavit of Leila F. Bose Certifying the Accuracy of Translations Cited)(Saunders, Paul)
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Filing 461
NOTICE OF APPEARANCE by Stephen Thran Rodd on behalf of Bruce Doniger (Rodd, Stephen)
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CASHIERS OFFICE REMARK on #456 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/07/2008, Receipt Number 644054. (jd)
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Filing 460
DECLARATION of Timothy G. Cameron in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A to Declaration of Timothy G. Cameron, #2 Exhibit B to Declaration of Timothy G. Cameron, #3 Exhibit C to Declaration of Timothy G. Cameron, #4 Exhibit D to Declaration of Timothy G. Cameron, #5 Exhibit E to Declaration of Timothy G. Cameron, #6 Exhibit F to Declaration of Timothy G. Cameron, #7 Exhibit G to Declaration of Timothy G. Cameron, #8 Exhibit H to Declaration of Timothy G. Cameron, #9 Exhibit I to Declaration of Timothy G. Cameron, #10 Exhibit J to Declaration of Timothy G. Cameron, #11 Exhibit K to Declaration of Timothy G. Cameron, #12 Exhibit L to Declaration of Timothy G. Cameron, #13 Exhibit M to Declaration of Timothy G. Cameron, #14 Exhibit N to Declaration of Timothy G. Cameron, #15 Exhibit O to Declaration of Timothy G. Cameron, #16 Exhibit P to Declaration of Timothy G. Cameron, #17 Exhibit Q to Declaration of Timothy G. Cameron, #18 Exhibit R to Declaration of Timothy G. Cameron, #19 Exhibit S to Declaration of Timothy G. Cameron, #20 Exhibit T to Declaration of Timothy G. Cameron, #21 Exhibit U to Declaration of Timothy G. Cameron, #22 Exhibit V to Declaration of Timothy G. Cameron, #23 Exhibit W to Declaration of Timothy G. Cameron)(Saunders, Paul)
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Filing 459
MEMORANDUM OF LAW in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Vivendi, S.A.. (Saunders, Paul)
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Filing 458
DECLARATION of Guy Carcassonne in Support re: #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders").. Document filed by Vivendi, S.A.. (Saunders, Paul)
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Filing 457
MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). Document filed by Vivendi, S.A..(Saunders, Paul)
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Filing 456
MOTION for Badge S. Humphries to Appear Pro Hac Vice. Document filed by Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH.(dle)
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CASHIERS OFFICE REMARK on #450 Motion to Appear Pro Hac Vice, #452 Motion to Appear Pro Hac Vice, in the amount of $50.00, paid on 03/03/2008, Receipt Number 643555. (jd)
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CASHIERS OFFICE REMARK on #451 Motion to Appear Pro Hac Vice, #454 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 03/03/2008, Receipt Number 643556. (jd)
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Filing 455
ORDER: For reasons stated on the 3/3/08 tape recording of the conference call, the Mintzer and Oustantiol deposition shall be conducted on dates convenient for all counsel during the week of 3/17/08 or the week of 3/24/08 as further set forth in said Order. (Signed by Magistrate Judge Henry B. Pitman on 3/5/08) Copies Mailed by Chambers.(db)
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Filing 453
CERTIFICATE OF SERVICE of Second Amended Complaint. Document filed by AGF Asset Management, S.A.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(Harwood, Anthony)
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Filing 454
MOTION for Ann Kimmel Ritter to Appear Pro Hac Vice. Document filed by Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH.(dle)
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Filing 452
MOTION for Martha Rhodes to Appear Pro Hac Vice. Document filed by Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(dle)
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Filing 451
MOTION for Frederick J. Jekel to Appear Pro Hac Vice. Document filed by Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH.(dle)
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Filing 450
MOTION for Elizabeth S. Smith to Appear Pro Hac Vice. Document filed by Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(dle)
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Filing 449
SECOND AMENDED COMPLAINT amending #432 Amended Complaint against Vivendi, S.A., Guillaume Hannezo, Jean-Marie Messier.Document filed by AGF Asset Management, S.A. Related document: #432 Amended Complaint filed by AGF Asset Management, S.A. (dle)
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Filing 448
RESPONSE to Motion re: #435 FIRST MOTION to Amend/Correct Complaint.. Document filed by Vivendi Universal, S.A.. (Polkes, Jonathan)
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Filing 447
ORDER granting #400 Motion for Benjamin J. Hinerfeld to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 2/24/2008) (jmi)
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Transmission to Attorney Admissions Clerk. Transmitted re: #447 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
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Filing 446
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF CHANGE OF ADDRESS by Richard Michael Lorenzo on behalf of Vivendi Universal, S.A. New Address: Day Pitney LLP, 7 Times Square, New York, New York, U.S.A. 10036, 212-297-5800. (Lorenzo, Richard) Modified on 2/25/2008 (db).
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Filing 445
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF CHANGE OF ADDRESS by James George Szymanski on behalf of Vivendi Universal, S.A. New Address: Day Pitney LLP, 7 Times Square, New York, New York, U.S.A. 10036, 212-297-5800. (Szymanski, James) Modified on 2/25/2008 (db).
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Filing 444
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF CHANGE OF ADDRESS by Morris Alexander Bowie, II on behalf of Vivendi Universal, S.A. New Address: Day Pitney LLP, 7 Times Square, New York, New York, U.S.A. 10036, 212-297-5800. (Bowie, Morris) Modified on 2/25/2008 (db).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Morris Alexander Bowie to RE-FILE Document #444 Notice of Change of Address. ERROR(S): No Attorney Signature. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Richard Michael Lorenzo to RE-FILE Document #446 Notice of Change of Address. ERROR(S): No Attorney Signature. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney James George Szymanski to RE-FILE Document #445 Notice of Change of Address. ERROR(S): No Attorney Signature. (db)
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Filing 443
MOTION for Kevin C. Maclay to Appear Pro Hac Vice. Document filed by SEB Invest GmbH. Filed in associated civil case no. 08-cv-950.(tro)
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Transmission to Attorney Admissions Clerk. Transmitted re: (438 in 1:02-cv-05571-RJH-HBP, 438 in 1:02-cv-05571-RJH-HBP, 438 in 1:02-cv-05571-RJH-HBP, 438 in 1:02-cv-05571-RJH-HBP, 438 in 1:02-cv-05571-RJH-HBP, 438 in 1:02-cv-05571-RJH-HBP, 438 in 1:02-cv-05571-RJH-HBP) Order on Motion to Appear Pro Hac Vice, (15 in 1:07-cv-09229-RJH, 21 in 1:07-cv-08156-RJH, 13 in 1:07-cv-11092-RJH, 440 in 1:02-cv-05571-RJH-HBP) Order on Motion to Appear Pro Hac Vice, (439 in 1:02-cv-05571-RJH-HBP, 12 in 1:07-cv-11092-RJH, 14 in 1:07-cv-09229-RJH, 20 in 1:07-cv-08156-RJH) Order on Motion to Appear Pro Hac Vice, (16 in 1:07-cv-09229-RJH, 14 in 1:07-cv-11092-RJH, 441 in 1:02-cv-05571-RJH-HBP, 22 in 1:07-cv-08156-RJH) Order on Motion to Appear Pro Hac Vice, (17 in 1:07-cv-09229-RJH, 442 in 1:02-cv-05571-RJH-HBP, 23 in 1:07-cv-08156-RJH, 15 in 1:07-cv-11092-RJH) Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(jmi)
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Filing 442
ORDER in case 1:07-cv-08156-RJH; granting (401) Motion for Steven D. Resnick to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP. (Signed by Judge Richard J. Holwell on 2/14/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(jmi)
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Filing 441
ORDER in case 1:07-cv-08156-RJH; granting (399) Motion for Jonathan R. Cagan to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP. (Signed by Judge Richard J. Holwell on 2/14/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(jmi)
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Filing 440
ORDER in case 1:07-cv-08156-RJH; granting (397) Motion for Stuart L. Berman to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP. (Signed by Judge Richard J. Holwell on 2/14/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(jmi)
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Filing 439
ORDER in case 1:07-cv-08156-RJH; granting (398) Motion for John J. Gross to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP. (Signed by Judge Richard J. Holwell on 2/14/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(jmi)
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Filing 438
ORDER granting (12) Motion for Nathan D. Finch and Kevin C. Maclay to Appear Pro Hac Vice; granting (13) Motion for Nathan D. Finch and Kevin C. Maclay to Appear Pro Hac Vice in case 1:07-cv-08830-RJH; granting (9) Motion for Nathan D. Finch and Kevin C. Maclay to Appear Pro Hac Vice; granting (10) Motion for Nathan D. Finch and Kevin C. Maclay to Appear Pro Hac Vice in case 1:07-cv-10578-RJH; granting (10) Motion for Nathan D. Finch and Kevin C. Maclay to Appear Pro Hac Vice; granting (11) Motion for Nathan D. Finch and Kevin C. Maclay to Appear Pro Hac Vice in case 1:07-cv-10954-RJH; granting (436) Motion for Nathan D. Finch and Kevin C. Maclay to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP. (Signed by Judge Richard J. Holwell on 2/14/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(jmi)
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Filing 437
FIRST MEMORANDUM OF LAW in Support re: #435 FIRST MOTION to Amend/Correct Complaint.. Document filed by Capital Invest. (Attachments: #1 Exhibit Attachment 1 - Part A, #2 Exhibit Attachment 1 - Part B, #3 Exhibit Attachment 1 - Part C, #4 Exhibit Attachment 2 - Part A, #5 Exhibit Attachment 2 - Part B, #6 Exhibit Attachment 2 - Part C)(Kelleher, Leslie)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Leslie Kelleher to RE-FILE Document #435 FIRST MOTION to Amend/Correct Complaint. ERROR(S): Supporting documents must be filed individually. Event code for Memorandum in Support found under Replies, Oppositions, and Supporting Documents. (jar)
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Filing 435
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct Complaint. Document filed by Capital Invest. (Attachments: #1 Memorandum in Support of Motion to Amend, #2 Exhibit Attachment 1 - Part A, #3 Exhibit Attachment 1 - Part B, #4 Exhibit Attachment 1 - Part C, #5 Exhibit Attachment 2 - Part A, #6 Exhibit Attachment 2 - Part B, #7 Exhibit Attachment 2 - Part C)(Kelleher, Leslie) Modified on 2/8/2008 (jar).
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Filing 434
NOTICE of Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. (07cv11297 only): the Plaintiffs, hereby give notice that they are dismissing this action, without prejudice, with each party bearing its own costs, including attorneys' fees. ENDORSEMENT: SO ORDERED. The Clerk is requested to close 07cv11297 only. Case 02cv5571 shall not be closed. (Signed by Judge Richard J. Holwell on 2/1/08) (tro)
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Filing 436
MOTION for Nathan D. Finch to Appear Pro Hac Vice. Document filed by Forsta AP-fonden.(jmi)
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Filing 433
CERTIFICATE OF SERVICE of Amended Complaint served on Defendants on 1/15/2008. Service was made by Mail. Document filed by AGF Asset Management, S.A.. (Attachments: #1 1/30/08 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(Harwood, Anthony)
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Filing 431
NOTICE OF APPEARANCE by Eric James Belfi on behalf of Irish Life Investment Managers Limited Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH(Belfi, Eric)
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Filing 430
NOTICE OF APPEARANCE by Michael T Reynolds on behalf of Vivendi Universal, Vivendi Universal, S.A. (Reynolds, Michael)
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Filing 429
NOTICE OF APPEARANCE by Michael A Paskin on behalf of Vivendi Universal, Vivendi Universal, S.A. (Paskin, Michael)
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Filing 428
NOTICE OF APPEARANCE by Leslie Margaret Kelleher on behalf of Oppenheim Kapitalanlagegesellschaft mbH (Kelleher, Leslie)
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Filing 432
FIRST AMENDED COMPLAINT against Vivendi Universal, Vivendi Universal, S.A., Guillaume Hannezo, Jean-Marie Messier.Document filed by AGF Asset Management, S.A. (jar) Modified on 1/31/2008 (jar).
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Filing 427
NOTICE OF APPEARANCE by Michael Edward Elsner on behalf of Oppenheim Kapitalanlagegesellschaft mbH, Pioneer Investment Management SGRPA, Universal-Investment-Gesellshaft mbH, DWS Investmentgesellschaft MBH Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH, 1:07-cv-11297-RJH(Elsner, Michael)
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Filing 426
NOTICE OF APPEARANCE by Joseph Alberto Fonti on behalf of AGF Asset Management, S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(Fonti, Joseph)
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Filing 425
NOTICE OF APPEARANCE by Javier Bleichmar on behalf of AGF Asset Management, S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(Bleichmar, Javier)
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Filing 424
NOTICE OF APPEARANCE by Anthony Joseph Harwood on behalf of AGF Asset Management, S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(Harwood, Anthony)
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Filing 423
NOTICE OF APPEARANCE by Mark S. Arisohn on behalf of AGF Asset Management, S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(Arisohn, Mark)
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Filing 422
NOTICE OF APPEARANCE by Eric James Belfi on behalf of AGF Asset Management, S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(Belfi, Eric)
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Filing 421
NOTICE OF APPEARANCE by Lawrence Alan Sucharow on behalf of AGF Asset Management, S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(Sucharow, Lawrence)
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Filing 420
NOTICE OF APPEARANCE by Joseph Alberto Fonti on behalf of Irish Life Investment Managers Limited Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH(Fonti, Joseph)
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Filing 419
NOTICE OF APPEARANCE by Joseph Alberto Fonti on behalf of Capitalia Asset Management SGR, S.p.A, Capitalia Investment Management S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH(Fonti, Joseph)
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Filing 418
NOTICE OF APPEARANCE by Javier Bleichmar on behalf of Irish Life Investment Managers Limited Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH(Bleichmar, Javier)
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Filing 417
NOTICE OF APPEARANCE by Anthony Joseph Harwood on behalf of Irish Life Investment Managers Limited Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH(Harwood, Anthony)
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Filing 416
NOTICE OF APPEARANCE by Mark S. Arisohn on behalf of Irish Life Investment Managers Limited Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH(Arisohn, Mark)
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Filing 415
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - NOTICE OF APPEARANCE by Eric James Belfi on behalf of Irish Life Investment Managers Limited Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH(Belfi, Eric) Modified on 1/24/2008 (kco).
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Filing 414
NOTICE OF APPEARANCE by Lawrence Alan Sucharow on behalf of Irish Life Investment Managers Limited Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH(Sucharow, Lawrence)
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Filing 413
NOTICE OF APPEARANCE by Javier Bleichmar on behalf of Capitalia Asset Management SGR, S.p.A, Capitalia Investment Management S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH(Bleichmar, Javier)
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Filing 412
NOTICE OF APPEARANCE by Anthony Joseph Harwood on behalf of Capitalia Asset Management SGR, S.p.A, Capitalia Investment Management S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH(Harwood, Anthony)
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Filing 411
NOTICE OF APPEARANCE by Mark S. Arisohn on behalf of Capitalia Asset Management SGR, S.p.A, Capitalia Investment Management S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH(Arisohn, Mark)
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Filing 410
NOTICE OF APPEARANCE by Eric James Belfi on behalf of Capitalia Asset Management SGR, S.p.A, Capitalia Investment Management S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH(Belfi, Eric)
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Filing 409
NOTICE OF APPEARANCE by Lawrence Alan Sucharow on behalf of Capitalia Asset Management SGR, S.p.A, Capitalia Investment Management S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH(Sucharow, Lawrence)
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Filing 408
NOTICE OF APPEARANCE by Paul F. Enzinna on behalf of Liberty Media Corporation (Enzinna, Paul)
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Filing 407
NOTICE OF APPEARANCE by R. Stan Mortenson on behalf of Liberty Media Corporation (Mortenson, R.)
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Filing 406
NOTICE OF APPEARANCE by Michael Calhoon on behalf of Liberty Media Corporation (Calhoon, Michael)
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Filing 405
MOTION to Substitute Attorney. Old Attorney: Steven R. Gustavson, New Attorney: Maureen P. Reid as Attorney of Record. Document filed by Liberty Media Corporation.(Reid, Maureen)
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Filing 404
NOTICE OF APPEARANCE by Marc Ian Gross on behalf of StoneRidge Investment Partners LLC (Gross, Marc)
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Filing 402
ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul C. Saunders dated 12/20/07 re: Defendants request a pre-motion conference in advance of moving for the dismissal of claims alleged in Counts I-IV by the Liberty Media plaintiffs in their complaint and for the dismissal of the claims alleged in Counts II and III by GAMCO Investors, Inc. ENDORSEMENT: A pre-motion conference will not be required. The intended parties may submit a proposed motion schedule. (Signed by Judge Richard J. Holwell on 1/7/08) "Copies Mailed By Chambers".(ae)
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Filing 403
SCHEDULING ORDER: The provision of the Confidentiality Order in the Class Action shall apply to the Individual Actions. The Individual Actions are consolidated with each other and with the Securities Class Action for all purposes. By 1/14/2008, defendants in the Class Action shall provide to counsel for the Individual Plaintiffs one copy of: (see order). By 1/14/2008, lead plaintiffs in the class action shall provide to counsel for the individual plaintiffs one copy of: (1) all of the documents and all of the other discovery that plaintiffs have produced in the Class action; and (2) all of the documents and all of the other discovery that plaintiffs in the class action have received from non-parties including all documents and all other materials that non-parties have produced to plaintiffs in response to subpoenas duces tecum. By 3/18/2008 the individual plaintiffs shall serve a single consolidated set of notices of deposition. If defendants object to the scope of any follow-up deposition, they may apply to Judge Pitman by 3/24/2008 for an order limiting such deposition. All fact depositions noticed by the individual plaintiffs due by 6/2/2008. The individual plaintiffs may serve consolidated non-duplicative requests for admissions, interrogatories, and document requests that seek documents not already produced by defendants due 3/18/2008. If defendants object to any such discovery request, they may serve responses and objections to those requests and if necessary, apply for a protective order by 3/24/2008 to Judge Pitman. By 1/14/2008 defendants shall serve upon individual plaintiffs any (a) document requests, (b) interrogatories regarding standing and (c) other interrogatories contemplated by Local Rule 33.3. Individual plaintiffs shall respond by 2/14/2008. By 2/20/2008, defendants shall serve any deposition notices upon individual plaintiffs. All depositions of Individual plaintiffs due by 4/15/2008 and shall not be taken before 2/20/2008. Defendants expert disclosures are due by 3/7/2008. Depositions of class plaintiffs and Liberty Medias experts are due between 3/10 3/28/2008 and depositions of defendants experts to be completed by 3/31 4/21/2008. By 5/15/2008 individual plaintiffs shall file expert disclosures, and defendants file any supplemental expert disclosures relating only to claims made by the individual plaintiffs by 6/6/2008. Deposition of these experts are due 7/3/2008. Defendants motions to dismiss and summary judgment motions are due 6/15/2008. Responses are due by 7/15/2008. Replies are due by 7/25/2008. Trial will begin on 10/14/2008. Individual actions filed after 2/28/2008 shall be stayed pending trial of the consolidated actions. A Status Conference is set for 6/27/2008 at 2:00 p.m. (Signed by Judge Richard J. Holwell on 1/7/2008) (jar)
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CASHIERS OFFICE REMARK on #397 Motion to Appear Pro Hac Vice,,,,,,, #400 Motion to Appear Pro Hac Vice,,,,,,, #399 Motion to Appear Pro Hac Vice,,,,,,, #401 Motion to Appear Pro Hac Vice,,,,,,, #398 Motion to Appear Pro Hac Vice,,,,,,, in the amount of $125.00, paid on 12/21/2007, Receipt Number 636683. (jd)
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Filing 401
MOTION for Steven D. Resnick to Appear Pro Hac Vice for plaintiffs. Document filed by Allianz Global Investors Ireland Limited, Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Allianz Global Investors Kapitalanlagegesellschaft MBH, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringssktiebolag, Pensionskassernes Administration A/S, Allianz Global Investors Luxembourg S.A., Arbejdsmarkedets Tillaegspension ("ATP"), Industriens Pensionsforsikring A/S, Arca SGR S.p.A., Swedbank Robur Fonder AB, Famandsforeningen Pensam Invest, Fjarde Ap-Fonden. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-UA(db) Modified on 1/29/2008 (db).
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Filing 400
MOTION for Benjamin J. Hinerfeld to Appear Pro Hac Vice for plaintiffs. Document filed by Allianz Global Investors Ireland Limited, Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Allianz Global Investors Kapitalanlagegesellschaft MBH, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringssktiebolag, Pensionskassernes Administration A/S, Allianz Global Investors Luxembourg S.A., Arbejdsmarkedets Tillaegspension ("ATP"), Industriens Pensionsforsikring A/S, Arca SGR S.p.A., Swedbank Robur Fonder AB, Famandsforeningen Pensam Invest, Fjarde Ap-Fonden. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-UA(db) Modified on 1/29/2008 (db).
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Filing 399
MOTION for Jonathan R. Cagan to Appear Pro Hac Vice for plaintiffs. Document filed by Allianz Global Investors Ireland Limited, Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Allianz Global Investors Kapitalanlagegesellschaft MBH, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringssktiebolag, Pensionskassernes Administration A/S, Allianz Global Investors Luxembourg S.A., Arbejdsmarkedets Tillaegspension ("ATP"), Industriens Pensionsforsikring A/S, Arca SGR S.p.A., Swedbank Robur Fonder AB, Famandsforeningen Pensam Invest, Fjarde Ap-Fonden. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-UA(db) Modified on 1/29/2008 (db).
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Filing 398
MOTION for John J. Gross to Appear Pro Hac Vice for plaintiffs. Document filed by Allianz Global Investors Ireland Limited, Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Allianz Global Investors Kapitalanlagegesellschaft MBH, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringssktiebolag, Pensionskassernes Administration A/S, Allianz Global Investors Luxembourg S.A., Arbejdsmarkedets Tillaegspension ("ATP"), Industriens Pensionsforsikring A/S, Arca SGR S.p.A., Swedbank Robur Fonder AB, Famandsforeningen Pensam Invest, Fjarde Ap-Fonden. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-UA(db) Modified on 1/29/2008 (db).
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Filing 397
MOTION for Stuart L. Berman to Appear Pro Hac Vice for Plaintiffs. Document filed by Allianz Global Investors Ireland Limited, Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Allianz Global Investors Kapitalanlagegesellschaft MBH, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringssktiebolag, Pensionskassernes Administration A/S, Allianz Global Investors Luxembourg S.A., Arbejdsmarkedets Tillaegspension ("ATP"), Industriens Pensionsforsikring A/S, Arca SGR S.p.A., Swedbank Robur Fonder AB, Famandsforeningen Pensam Invest, Fjarde Ap-Fonden. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-UA(db) Modified on 1/29/2008 (db).
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Filing 396
NOTICE OF APPEARANCE by William Beecher Scoville, Jr on behalf of Miami Group (Scoville, William)
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Filing 395
ORDER; that the Court has concluded that consolidation of all Individual Actions 07cv5742, 07cv7775, 07cv7778, 07cv7802, 07cv7863, 07cv8208, 07cv9229, 07cv 9593, 07cv7370, 07cv7776, 07cv7779, 07cv7803, 07cv8156, 07cv8830, 07cv9592 is appropriate. Based on a review of the parties submissions, the court has prepared a proposed scheduling order, a copy of which is attached. The parties are invited to comment on the proposed order by fax to Chambers no later than 5:00 p.m. on 12/20/07. It has come to the attention that this action, 02cv5571, was never converted to ECF status. By this order action 02cv5571 (RJH)(HBP) will become an ECF Action. (Signed by Judge Richard J. Holwell on 12/14/07) (pl)
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Filing 394
ORDER; that the Court has concluded that consolidation of all Individual Actions 07cv5742, 07cv7775, 07cv7778, 07cv7802, 07cv7863, 07cv8208, 07cv9229, 07cv 9593, 07cv7370, 07cv7776, 07cv7779, 07cv7803, 07cv8156, 07cv8830, 07cv9592 is appropriate. Based on a review of the parties submissions, the court has prepared a proposed scheduling order, a copy of which is attached. The parties are invited to comment on the proposed order by fax to Chambers no later than 5:00 p.m. on 12/20/07. It has come to the attention that this action, 02cv5571, was never converted to ECF status. By this order this action will become an ECF Action. (Signed by Judge Richard J. Holwell on 12/14/07) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH(pl)
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Case Designated ECF. Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH(pl)
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Filing 393
ORDER Defendant's motion to compel production of documents withheld by Liberty Media on the ground of privilege (Docket Item 355) is granted in part and denied in part. The documents Vivendi sought are listed on the four-page schedule annexed hereto. Documents that are not marked with a "P" or a "W" were omitted from the two boxes of documents submitted to my chambers; counsel for Liberty Media is directed to submit those documents to my chambers for in camera review forthwith. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 12/7/2007) Copies Mailed By Chambers.(jmi)
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Filing 392
DECLARATION of Jonathan D. Polkes in Support re: 391 Reply to Response to Motion. Document filed by Vivendi Universal, S.A.. (pl)
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Filing 391
REPLY BRIEF IN SUPPORT OF 387 MOTION for limited discovery concerning the posible existenc4e of certain illegal payments. Document filed by Vivendi Universal, S.A. (pl)
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Filing 390
CLASS PLAINTIFFS' OPPOSITION TO re: 387 MOTION for limited discovery concerning the posible existenc4e of certain illegal payments. Document filed by Collen Dodi, Edward B Brunswick, Michael Doniger, Alison Doniger, Bruce Doniger, Beatrice Doniger, Barry Family, LP, GAMCO Investors, Inc., Olivier Chastan, Reed S. Clark, Daha Davis et al. (pl)
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Filing 389
DECLARATION of William B. Scoville, Jr. in Opposition re: 387 MOTION for limited discovery concerning the posible existenc4e of certain illegal payments. Document filed by Collen Dodi, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Yong Man Kim, LMC Capital LLC, Barry Family, LP, GAMCO Investors, Inc., Olivier Chastan, Reed S. Clark, Daha Davis et al. (pl)
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Filing 388
DECLARATION of Johathan D. Polkes in Support re: 387 MOTION for limited discovery concerning the possible existence of certain illegal payments. Document filed by Vivendi Universal, S.A. (pl)
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Filing 387
MOTION for an order for limited discovery concerning the posible existence of certain illegal payments. Document filed by Vivendi Universal, S.A.(pl)
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Filing 386
TRANSCRIPT of proceedings held on October 30, 2007 before Judge Richard J. Holwell. (djc)
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Filing 385
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, plaintiffs, Vivendi and Universal Studios will provide amended responses for certain responses tot he contention interrogatories and/or requests for admission by October 29, 2007. Plaintiffs, Vivendi and Universal Studios will meet and confer regarding any disputes concerning the sufficiency of the responses of plaintiffs, Vivendi and Universal Studios to the contention interrogatories and/or requests for admission by November 5, 2007. Plaintiffs, Vivendi and Universal Studios will seek to schedule a hearing regarding any remaining disputes concerning the responses of plaintiffs, Vivendi and Universal Studios to the contention interrogatories and/or requests for admission by November 21, 2007 depending on the Court's schedule. Dispositive motions will be filed by April 25, 2008. NO FURTHER EXTENSIONS EXCEPT FOR GOOD CAUSE SHOWN BY AFFIDAVIT. (Signed by Judge Henry B. Pitman on 11/2/07) (tro)
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Filing 384
REPLY MEMORANDUM OF LAW in Further Support re: 370 MOTION for reconsideration. (document file by Defendant Vivendi, S.A.) document received in night dep. on 11/5/07 at 9:38 p.m.) (djc)
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Filing 383
STIPULATION AND ORDER: It is hereby stipulated and agreed, as follows: 1. Plaintiffs shall make all disclosures required by Fed. R. Civ. P. 26(a)(2) no later than November 7, 2007. 2. Defendants shall make all disclosures required by Fed. R. Civ. P. 26(a)(2) no later than January 14, 2008. 3. Dispositive motions shall be served no later than March 3, 2008. So Ordered. (Signed by Judge Henry B. Pitman on 10/29/07) (js)
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Filing 382
ORDER: Mr. Sabella, acting as coordinating counsel, will submit a letter brief on behalf of the plaintiffs in the newly filed individual actions stating the Individual Plaintiffs' positions(s) on consolidation and including a proposed scheduling order. Individual Plaintiffs' letter brief is to be submitted no later than November 6, 2007. Defendants will submit a letter brief stating defendants' position(s) on consolidation and including a proposed scheduling order. Defendants' letter brief is to be submitted no later than November 13, 2007. Mr. Abbey will submit a letter brief responding to the Individual Plaintiffs' and Defendants' submissions by November 14, 2007. (Signed by Judge Richard J. Holwell on 10/30/07) Copies Faxed By Chambers.(tro)
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Filing 381
NOTICE OF APPEARANCE by Jacqueline Sailer on behalf of William Cavanagh. (db)
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Filing 380
NOTICE OF APPEARANCE by Marvin Lawrence Frank on behalf of William Cavanagh. (db)
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Filing 379
DECLARATION OF BRIAN C. KERR. Document filed by Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Barry Family, LP, Eleanor Turberg, Pearson-Doniger Family, Ruth` Pearson Trust, Capital Invest, GAMCO Investors, Inc., William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis. (dle)
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Filing 378
DECLARATION OF WILLIAM B. SCOVILLE, JR. IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT VIVENDI, S.A.'S MOTION FOR RECONSIDERATION OF THE COURT'S APPOINTMENT OF MILBERG WEISS AS CO-LEAD COUNSEL. Document filed by Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Barry Family, LP, Eleanor Turberg, Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, Gerard Morel, Capital Invest, GAMCO Investors, Inc., William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis. (dle)
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Filing 377
MEMORANDUM OF LAW in Opposition re: 370 MOTION for Reconsideration. Document filed by Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Barry Family, LP, Eleanor Turberg, Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, Gerard Morel, Capital Invest, GAMCO Investors, Inc., William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis. (dle)
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Filing 376
ADDITIONAL MEMORANDUM OF LAW in Opposition re: 370 MOTION for Reconsideration. Document filed by Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Barry Family, LP, Eleanor Turberg, Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, Gerard Morel, Capital Invest, GAMCO Investors, Inc., William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis. (dle) Modified on 10/26/2007 (Lewis, Diahann).
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Filing 375
NOTICE OF CHANGE OF ADDRESS by Laura J. Babcock on behalf of GAMCO Investors, Inc. New Address: Entwistle & Cappucci LLP, 280 Park Avenue, 26th Floor West, New York, NY, 10017, 212-894-7200. (djc)
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Filing 374
ENDORSED LETTER addressed to Judge Richard J. Holwell from Arthur N. Abbey dated 10/4/07 re: Co-lead counsel for the certified class in 02-cv-5571, request that the conference currently scheduled for 11/2/07, at 3:00pm be rescheduled for another day. ENDORSEMENT: Status conference has been rescheduled to October 30, 2007 at 11:00 a.m. (Signed by Judge Richard J. Holwell on 10/9/07) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH, 1:07-cv-7775, 1:07-cv-7776, 1:07-cv-7802, 1:07-cv-7803, 07-cv-7779, 1:07-cv-7863, 1:07-cv-8208, 1:07-cv-7370, 1:07-cv-7778, 1:07-cv-8156. Copies Faxed By Chambers. (tro)
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Motion Not Referred: re: 370 MOTION for Reconsideration filed by Jean-Marie Messier, Vivendi Universal, S.A., Vivendi Universal, Universal Studios, Inc.. (dlw)
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Filing 373
DECLARATION of Matthew E. Smith. (Exhibits 17-34) Document filed by Vivendi Universal, Vivendi Universal, S.A., Jean-Marie Messier, Universal Studios, Inc. (djc)
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Filing 372
DECLARATION of Matthew E. Smith in Support re: 370 MOTION for Reconsideration. Document filed by Vivendi Universal, Vivendi Universal, S.A., Jean-Marie Messier, Universal Studios, Inc.. (djc)
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Filing 371
MEMORANDUM OF LAW in Support re: 370 MOTION for Reconsideration.. Document filed by Vivendi Universal, Vivendi Universal, S.A., Jean-Marie Messier, Universal Studios, Inc.. (djc)
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Filing 370
MOTION for Reconsideration of the Court's Prior Decision Appointing the Milberg Weiss Firm as Co-Lead Counsel. Document filed by Vivendi Universal, Vivendi Universal, S.A., Jean-Marie Messier, Universal Studios, Inc..(djc)
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Filing 369
SCHEDULING ORDER: Status Conference set for 11/2/2007 at 03:00 PM before Judge Richard J. Holwell. Defendants' time to answer or move with respect to the newly filed individual actions is extended to such date as the Court sets at the upcoming status conference. (Signed by Judge Richard J. Holwell on 10/3/07) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH copies sent by chambers.(cd)
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Received returned mail re: 354 Order, Set Deadlines/Hearings,. Mail was addressed to Vincent R. Cappucci, Esq./Frank S. Rossi, II, Esq. of Entwistle & Cappucci LLP at 299 Park Avenue, New York, New York, 10171 and was returned for the following reason(s): Not Deliverable As Addressed. (rdz)
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Received returned mail re: 351 Order, Set Deadlines,. Mail was addressed to Vincent R. Cappucci, Esq. and Frank S. Rossi, II, Esq. of Entwistle & Cappucci LLP at 299 Park Avenue, New York, NY 10171 and was returned for the following reason(s): Not Deliverable As Addressed. (rdz)
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Filing 368
ORDER: Vivendi's motion is granted to the extent that it seeks documents or communications between Liberty Media and its counsel (either in-house or outside counsel) concerning Liberty Media's obligation to close on the Agreement and Plan of Merger and Ex-change. Liberty Media is directed to review the documents withheld on the ground of privilege and no later than September 10, 2007, shall produce to Vivendi documents that it concedes constitute documents or communication between Liberty Media and its counsel No later than September 10, 2007 Liberty Media and Vivendi shall submit to chambers their descriptions of the types of documents that each believes should be produced or withheld pursuant to paragraph 1 of this order. No later than September 12, 2007. Liberty Media shall deliver to my chmbers for in camera review those documents which are the subject of Vivendi's motion and are not being produced to paragraph 2 of this order. (Signed by Judge Henry B. Pitman on 8/28/07) (js)
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Filing 367
ORDER: The Court hereby consolidates the above captioned cases for all purposes under the docket number of the lead case In re Vivendi Universal, S.A. Securities Litigation 02-civ-5571. So Ordered. (Signed by Judge Richard J. Holwell on 8/17/07) (js)
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Filing 366
Supplementation of Exhibits to Liberty Media Pliantiffs' Memorandum of Law in Opposition to Dfts' Motion to Compel The Production of Documents. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (dle)
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Filing 365
ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul C. Saunders dated 7/17/2007 re: all of the defendants request a meeting with the Court at the earliest possible time. ENDORSEMENT: The Court will give appropriate considerations to any motion to reconsider its prior rulings on the adequacy of Milberg Weiss are class counsel or the ability of any class plaintiff to represent the class. A request for discovery relating to any such motion should be rained with Judge Pitman. SO ORDERED (Signed by Judge Richard J. Holwell on 7/31/2007) Copies Faxed By Chambers (jmi) Modified on 8/6/2007 (Miles, Janeen).
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Filing 364
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Michael L. Cahoon dated 7/12/2007 re: plts ask the Court for two additional week, until 7/26/2007, to respond to dfts' interrogatories. ENDORSEMENT: Application granted. (Signed by Judge Henry B. Pitman on 7/13/2007) (jar)
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Filing 363
NOTICE of of Change of Law Firm Name. The law firm Milberg Weiss & Bershad LLP has changed its name to Milberg Weiss LLP. Document filed by Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Barry Family, LP, Eleanor Turberg, Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, GAMCO Investors, Inc., William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis. (mbe)
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Filing 362
DECLARATION of Jean Bouquot in Opposition re: 355 MOTION to Compel.. (cd)
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Filing 361
DECLARATION of Antyoinette DeCamp in Opposition, filed by ernst & Young re: 355 MOTION to Compel. (cd)
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Filing 360
DECLARATION of Dominque Borde in Opposition, filed by Ernst & Young re: 355 MOTION to Compel. (cd)
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Filing 359
MEMORANDUM OF LAW in Opposition, filed by Ernst & Young re: 355 MOTION to Compel. (cd)
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Filing 354
AMENDED ORDER re: 351 Order, Set Deadlines, Deposition due by 6/30/2007.,Replies due by 6/25/2007. The dispute concerning the duration of the Hannezo deposition is adjourned sine die based on the representation of counsel that they expect this dispute to be resolved by agreement. All depositions shall be completed by 6/30/2007. Messier and Hannezo depositions shall be completed by 7/31/2007. For all other service dates see order. SO ORDERED. (Signed by Judge Henry B. Pitman on 6/8/2007) Copies Mailed By Chambers.(jmi)
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Filing 358
REPLY MEMORANDUM OF LAW in Support re: 355 MOTION to Compel.. Document filed by Vivendi Universal, Universal Studios, Inc.. (cd)
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Filing 357
MEMORANDUM OF LAW in Support re: (31 in 1:03-cv-02175-RJH) MOTION to Compel. Document filed by Vivendi Universal, Universal Studios, Inc., Vivendi Universal S.A. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(cd)
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Filing 356
DECLARATION of Jessica Buturla in Support re: 355 MOTION to Compel.. Document filed by Vivendi Universal, Universal Studios, Inc.. (cd)
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Filing 355
MOTION to Compel the Production of Documents. Document filed by Vivendi Universal, Universal Studios, Inc., Vivendi Universal S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(cd)
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Filing 353
MEMORANDUM OF LAW in Opposition to Defendants' Motion to Compel the Production of Documents. Document filed by Liberty Media Corporation. (djc)
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Filing 352
NOTICE of FIRM NAME CHANGE. Document filed by Bruce Doniger. (Rodd, Stephen)
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Filing 351
ORDER; the dispute concerning the duration of the Hannezo deposition is adjourned sine die based on the representation of counsel that they expect this dispute to be resolved by agreement. All depositions shall be completed by 6/30/2007. Messier and Hannezo depositions shall be completed by 7/31/2007. For all other service dates see order. (Signed by Judge Henry B. Pitman on 6/1/07) Copies Mailed By Chambers (kco)
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Filing 350
MANDATE of USCA (Certified Copy) USCA Case Number 07-1419-mv(L), 07-1463, 07-1465, 07-1468. Petitioner`s move pursuant to Fed. R. Civ. P. 23(f) for leave to pursue an interlocutory appeal of the district court`s order granting in part and denying in part the plaintiff`s motion for class certification. The Chamber of Commerce of the United States of America moves for leave to file a brief in support of the petitions as amicus curiae. Upon due consideration, it is hereby ORDERED that the motion of the Chamber of Commerce is GRANTED. It is further ORDERED that the Fed. R. Civ. P. 23(f) petitions are DENIED. Thomas Asreen, Acting Clerk USCA. Issued As Mandate: 5/29/2007. (nd)
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Filing 349
REVISED MEMORANDUM OPINION & ORDER #94462 plntfs' motion to certify the class (234) is granted in part. A class is hereby certified consisting of all person from the US, France, England, and the Netherlands who purchased or otherwise acquired ordinary shares or American Depository Shares of Vivendi Universal SA between 10/30/00 and 8/14/02. (Signed by Judge Richard J. Holwell on 5/21/07) (cd)
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Filing 348
ENDORSED LETTER addressed to Judge Richrad J. Holwell from Paul C. Saunders dated 5/7/07 re: Counsel writes to request that the Court correct a typographical error in its Memorandum Opinion and Order filed on 3/23/07 and entered on 3/26/07. Application Granted. A revised memorandum opinion and order will be entered forthwith. So Ordered. (jco)
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Filing 347
REVISED MEMORANDUM OPINION & ORDER, consistent with the foregoing, plntfs' motion to certify the class (234) is granted in part. A class is hereby certified consisting of all persons form the US, France, England, and the Netherlands who purchased or otherwise acquired ordinary shares or American Depository Shares of Vivendi Universal between 10/20/00 and 8/14/02. (Signed by Judge Richard J. Holwell on 5/21/07) (cd)
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Filing 346
AFFIDAVIT OF SERVICE of Notice of Appearance served on James George Szymanski, Esq. on 4/17/07. Service was made by Mail. Document filed by Universal Studios, Inc., Vivendi Universal S.A.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(tro)
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Filing 345
NOTICE OF APPEARANCE by Penny Packard Reid, Jonathan D Polkes, James W. Quinn on behalf of Vivendi Universal, Vivendi Universal, S.A., Universal Studios, Inc. (djc)
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Filing 344
NOTICE OF APPEARANCE by William H. Narwold on behalf of Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH (tro)
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Filing 343
NOTICE OF WITHDRAWAL OF ATTORNEY/ORDER; The undersigned counsel is no longer affiliated with the law firm of King & Spalding LLP and is no longer counsel of record for defendant Jean-Marie Messier. No further correspondence should be sent to the undersigned counsel (Jennifer Hurley McGay of McKee Nelson LLP). Michael J. Malone, lead counsel of record at King & Spalding LLP, continues to represent defendant Jean-Marie Messier and all future correspondence should be sent solely to his attention. (Signed by Judge Richard J. Holwell on 4/3/07) (djc)
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Filing 342
NOTICE of Change of Firm Affliation of the following plaintiff's, William S. Lerach, Patrick J. Coughlin, Randi D. Bandman and Luke Brooks, who were formerly with Milberg Weiss Bershad Hynes & Lerach LLP. New Firm: Lerach Coughlin Stoia Geller Rudman & Robbins, LLP. New Address: 9601 Wilshire Boulevard, Suite 510, Los Angeles, CA, 90210. Telephone: (310) 849-3100 Fax: (310) 278-2148. Document filed by Rosenbaum Partners, L.P. (tro) . Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tro)
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Filing 341
NOTICE OF CHANGE OF ADDRESS by Nadeem Faruqui on behalf of Eleanor Turberg. New Address: Faruqi & Farqui, LLP, 369 Lexington Avenue, 10th Floor, New York, NY, 10017-6531, Telephone: (212) 983-9330 Fax: (212) 983-9331. (tro)
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Filing 340
MEMORANDUM OPINION & ORDER granting in part re: 234 MOTION to Certify Class. filed by William Cavanagh, The retirement System for General Employees of the City of Miami Beach, Oliver M. Gerard. a class is hereby certified consisting of all persons from the US, France, England, and the Netherlands who purchased or otherwise acquired ordinary shares or American Depository Shares of Vivendi Universal, S.A. between 10/20/00 and 8/14/02. (Signed by Judge Richard J. Holwell on 3/22/07) (cd)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Nadeem Faruqi to MANUALLY RE-FILE Document NOTICE OF CHANGE OF ADDRESS, Document No. 339. This case is not ECF. (lb)
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Filing 339
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF CHANGE OF ADDRESS by Nadeem Faruqi on behalf of Eleanor Turberg. New Address: FARUQI & FARUQI, LLP, 369 Lexington Avenue, 10th Floor, New York, NY, 10017-6531, (212) 983-9330. (Faruqi, Nadeem) Modified on 3/20/2007 (lb).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Richard Michael Lorenzo to MANUALLY RE-FILE Document NOTICE OF CHANGE OF ADDRESS, Document No. 336. This case is not ECF. (lb)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Morris Alexander Bowie, II to MANUALLY RE-FILE Document *337NOTICE OF CHANGE OF ADDRESS, Document No. 337. This case is not ECF. (lb)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney James George Szymanski to MANUALLY RE-FILE Document NOTICE OF CHANGE OF ADDRESS, Document No. 338. This case is not ECF. (lb)
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Filing 338
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF CHANGE OF ADDRESS by James George Szymanski on behalf of Vivendi Universal, S.A.. New Address: Day Pitney LLP, 875 Third Avenue, New York, New York, USA 10022, (212) 829-3600. (Szymanski, James) Modified on 2/23/2007 (lb).
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Filing 337
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF CHANGE OF ADDRESS by Morris Alexander Bowie, II on behalf of Vivendi Universal, S.A.. New Address: Day Pitney LLP, 875 Third Avenue, New York, New York, USA 10022, (212) 829-3600. (Bowie, Morris) Modified on 2/23/2007 (lb).
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Filing 336
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF CHANGE OF ADDRESS by Richard Michael Lorenzo on behalf of Vivendi Universal, S.A.. New Address: Day Pitney LLP, 875 Third Avenue, New York, New York, USA 10022, (212) 829-3600. (Lorenzo, Richard) Modified on 2/23/2007 (lb).
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Filing 335
MEMORANDUM OPINION AND ORDER # 94131. Liberty Media's application to compel Vivendi to direct Salustro Reydel to produce documents is denied...Liberty Media's application to preclude Vivendi from relyingon advice or information it received from Salustro as a full or partial defense is denied...Liberty Media's application to compel production of additional USG documents is denied... (Signed by Judge Henry B. Pitman on 1/5/07) (kco)
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Filing 334
NOTICE of of Withdrawal of William C. Fredericks of Milberg WEiss et al. Document filed by The retirement System for General Employees of the City of Miami Beach. (cd, )
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Filing 333
NOTICE OF CHANGE OF ADDRESS by Michael Champlin Spencer on behalf of The retirement System for General Employees of the City of Miami Beach. New Address: Milberg Weiss & Bershad LLLP, One Pennsylvania Plaza, New york, NY, 10119, 212-594-5300. (djc, )
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Filing 332
NOTICE OF APPEARANCE by Michael Champlin Spencer on behalf of The retirement System for General Employees of the City of Miami Beach (djc, )
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Filing 331
NOTICE of Withdrawal for David J. Bershad of Milberg WEiss & Bershad. Document filed by The retirement System for General Employees of the City of Miami Beach. (cd, )
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Filing 330
NOTICE OF APPEARANCE by William B. Scoville on behalf of The retirement System for General Employees of the City of Miami Beach (djc, )
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Filing 329
NOTICE OF APPEARANCE by Matthew Gluck on behalf of The retirement System for General Employees of the City of Miami Beach (djc, )
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Filing 328
ORDER all fact discovery in this matter shall be concluded no later than 3/15/07; in the absence of newly discovery evidence, substantially changed circumstances or extraordinary cause, the parties' depositions shall be substantially limited to the witnesses identified by the parties on or before 10/10/06. Plaintiffs shall make all disclosures required by F.R.C.P. 26(a)(2) no later than 5/15/07. Defendants shall make all disclosures required by F.R.C.P. 26(a)(2) no later than 7/15/07. Messier's application to be examined pursuant to the Hague Convention is denied; he shall be deposed in accordance with the F.R.C.P. So Ordered. (Signed by Judge Henry B. Pitman on 11/13/06) (jco, )
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Filing 327
MEMORANDUM OPINION # 93939 AN ORDER re: 317 MOTION for Protective Order, 318 MOTION to Compel filed by Edward B Brunswick, Bruce Doniger, Yong Man Kim, Liberty Media Corporation, Jeffrey Kurtz, Leslie Turbowitz, Rosenbaum Partners, L.P., Reed S. Clark, Marc Rovner, William individually and on behalf of all others similarly situated, Olivier Chastan, Daha Davis, Sheldon Seid, Beatrice Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Alison Doniger, Michael Doniger, Ruth Pearson Trust Pearson Trustee, W. Scott Polland, Jr., Hal Price, Nicholas A. Radosevich, Miami Group, Pearson-Doniger Family, Eleanor Turberg, Collen Dodi, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Barry Family, LP, GAMCO Investors, Inc., Gerard Morel, Ruth` Pearson Trust, Capital Invest. (Signed by Judge Henry B. Pitman on 11/13/06) (jco, )
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Filing 326
ORDER: The Court's order dated 10/16/2006 is hereby vacated. (Signed by Magistrate Judge Henry B. Pitman on 10/17/2006)
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Filing 325
ORDER: If any party wishes to respond to the 8/17/2006 Swartz letter or the 8/25/2006 Malone letter, such submission shall be made to Chambers no later than 10/25/2006. (Signed by Magistrate Judge Henry B. Pitman on 10/16/2006)
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Filing 320
MEMORANDUM OF LAW in Support re: 318 MOTION to Compel.. Document filed by Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Barry Family, LP, Eleanor Turberg, Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, Gerard Morel, Capital Invest, GAMCO Investors, Inc., William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis. (dle, ) Modified on 9/22/2006 (dle, ).
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Filing 319
MEMORANDUM OF LAW in Support re: 318 MOTION to Compel.. Document filed by Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Barry Family, LP, Eleanor Turberg, Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, Gerard Morel, Capital Invest, GAMCO Investors, Inc., William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-RJH-HBP,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(dle, )
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Filing 318
MOTION for an orderpurs. to FRCP 26,34,37 and 45 and Local Civil Rule 37.2 to compel Lazard Group LLC to produce documents that are located outside of the United States. Document filed by Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Barry Family, LP, Eleanor Turberg, Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, Gerard Morel, Capital Invest, GAMCO Investors, Inc., William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis. (dle, )
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Filing 324
DECLARATION of Ellen V. Holloman in Support re: 317 MOTION for Protective Order requiring (i) discovery from Lazard (Non-Party) in the Republic of France be taken pursuant to Chapter II of the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (ii) Plaintiffs pay Lazard's costs, including Lazard's attorneys fees, associated with Lazard' response to Plaintiffs' Joint Motion to Compel Lazard to Produce Documents that are Located outside of the US pursuant to Fed. R. Civ. P. 37(a)(4) and 26(c). Document filed by Lazard Group LLC. (jar, )
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Filing 323
DECLARATION of Ellen V. Holloman in Opposition re: 318 MOTION to Compel for an order purs. to FRCP 26,34,37 and 45 and Local Civil Rule 37.2 to compel Lazard Group LLC to produce documents that are located outside of the United States. Document filed by Lazard Group LLC. (jar, )
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Filing 322
REPLY MEMORANDUM OF LAW in Support re: 317 MOTION for Protective Order requiring (i) discovery from Lazard (Non-Party) in the Republic of France be taken pursuant to Chapter II of the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (ii) Plaintiffs pay Lazard's costs, including Lazard's attorneys fees, associated with Lazard' response to Plaintiffs' Joint Motion to Compel Lazard to Produce Documents that are Located outside of the US pursuant to Fed. R. Civ. P. 37(a)(4) and 26(c). Document filed by Lazard Group LLC. (jar, )
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Filing 321
MEMORANDUM OF LAW in Opposition re: 318 MOTION to Compel for an order purs. to FRCP 26,34,37 and 45 and Local Civil Rule 37.2 to compel Lazard Group LLC to produce documents that are located outside of the United States. And In Support of Lazard Group LLC'S CROSS-MOTION for a Protective Order. (jar, )
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Filing 317
CROSS-MOTION for Protective Order requiring (i) discovery from Lazard (Non-Party) in the Republic of France be taken pursuant to Chapter II of the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (ii) Plaintiffs pay Lazard's costs, including Lazard's attorneys fees, associated with Lazard' response to Plaintiffs' Joint Motion to Compel Lazard to Produce Documents that are Located outside of the US pursuant to Fed. R. Civ. P. 37(a)(4) and 26(c).Filed by Lazard Group LLC. (jar, )
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Filing 316
NOTICE OF APPEARANCE by Brian C. Kerr on behalf of The retirement System for General Employees of the City of Miami Beach (djc, )
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Filing 315
ORDER the court, having granted Vivendi, S.A.'s ("Vivendi") application for addional time to object to the Court's Order of August 22, 2006; hereby Ordered that any objections by Vivendi to the Court's Order of August 22, 2006, be submitted on or before September 13, 2006. (Signed by Judge Henry B. Pitman on 9/7/2006) (jmi, )
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Filing 314
NOTICE OF APPEARANCE by James Michael Evangelista on behalf of Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH (djc, )
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Filing 313
ORDER: regarding the rulings that the Court made in this matter on 7/19 and 8/15/2006, and to resolve a dispute concerning Vivendi's fourth request for production of documents to the Liberty Media plaintiffs as set forth in this order. Counsel shall report for a conference on 9/6/2006 at 10:00 a.m. to discuss possible resolutions of the database issues. (Signed by Magistrate Judge Henry B. Pitman on 8/22/2006) Copies Mailed By Chambers.(lb, )
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Filing 312
ORDER; the procedures outlined in this order shall be followed at all future depositions in this matter. (Signed by Judge Henry B. Pitman on 8/15/06) (kco, )
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Filing 311
ENDORSED LETTER: addressed to Judge Henry B. Pitman from Theodore Edelman dated 8/2/06 re: In view of the scheduling difficulties in France during the August summer holidays to which the Courrt referred at the July 19 status conference, Lazard requests that the Court set August 23 as the deadline for Lazard's response to plaintiff's motion. ENDORSEMENT: The schedule proposed on page 2 is approved. (Signed by Judge Henry B. Pitman on 8/22/06)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney James Evangelista to MANUALLY RE-FILE Document Notice of Appearance, Document No. 310. This case is not ECF. (gf, )
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Filing 310
FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - NOTICE OF APPEARANCE by James Michael Evangelista on behalf of Capital Invest (Evangelista, James) Modified on 8/23/2006 (gf, ).
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Filing 309
NOTICE OF CHANGE OF ADDRESS by Morris Alexander Bowie, II, Richard Michael Lorenzo, James G. Szymanski on behalf of Vivendi Universal, Vivendi Universal, S.A.. New Address: Day, Berry & Howard LLP, 875 Third Avenue, New York, New York, 10022, (212) 829-3600. (jmi, )
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Filing 308
TRANSCRIPT of proceedings held on 7/18/06 before Judge Richard J. Holwell. (tro, )
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Filing 307
SUPPLEMENTAL DECLARATION of Alexis Mourre in Support re: 234 MOTION to Certify Class Certify a Class consisting of all persons who purchased or otherwise acquired the ordinary shares or American Depositary Shares of Vivendi Universal, S.A. during the period between 10/30/00 and 8/14/03 as further set forth herein. To appoint Oliver M. Gerard, the Retirement System for General Employees of the City of Miami Beach, Bruce Doniger, Gerard Morel, Capital Invest Die Gmbh, and William Cavanagh as class representatives, and appointing Milberg Weiss Bershad & Schulman LLP and Abbey Gardy, LLP as class counsel. (jar, )
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Filing 306
DECLARATION of Alexis Mourre re: 305 Joint Declaration of Bernard Audit, Guy Carcassone, Daniel Cohen, Geraud De Geouffre De La Pradelle and Olivier Renard-Payen setting forth observations with respect to the supplemental declaration of Alexis Mourre and the decision of the Cour De Cassation in Prieur v. De Montenach. (jar, )
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Filing 305
Joint Declaration of Bernard Audit, Guy Carcassone, Daniel Cohen, Geraud De Geouffre De La Pradelle and Olivier Renard-Payen setting forth observations with respect to the supplemental declaration of Alexis Mourre and the decision of the Cour De Cassation in Prieur v. De Montenach. (dle, )
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Filing 304
ORDER: Plaintiffs' motion 302 seeking permission to file the supplemental declaration of Alexis Mourre, Esq. is hereby GRANTED. Defendants may file a responsive supplemental declaration by July 10, 2006. (Signed by Judge Richard J. Holwell on 6/29/06) (js, )
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Filing 303
MEMORANDUM OF LAW in Support re: 302 MOTION for Leave to File Supplemental Declaration of Alexis Mourre in Support of Plntfs' Motion for Class Certification, filed by Class Plaintiffs. (cd, )
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Filing 302
MOTION for Leave to File Supplemental Declaration of Alexis Mourre in Support of Plntfs' Motion for Class Certification, filed by Class Plaintiffs.. (cd, )
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Filing 301
ORDER: Vivendi's application for a Protective Order concerning the 30(b)(6) deposition sought by plaintiffs' notice of deposition dted 4/11/06 is DENIED. No later than 6/12/06, all parties shall identify the witnesses they seek to depose during July and August 2006. No later than 8/10/06, all parties shall identify witnesses they seek to depose in September and October 2006. No later than 10/10/06, all parties shall identify the witnesses they seek to depose in November 2006. Paragraphs 1 and 2 of the 5/9/06 Order are amended (re: priviledge law claims) as further set forth in said Order. (Signed by Judge Henry B. Pitman on 5/18/06) Copies Mailed by Chambers.(db, )
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Filing 300
ORDER that no later than 5/16/06 dft Vivendi shall confirm in writing to all counsel that it is relying on United States law of privilege with respect to all documents listed on its index of privileged documents that were sent to or from or copied to an attorney admitted to practice in a U.S. jurisdiction or specify the document Vivendi claims to be privileged under U.S. law; commencing on 5/19/06 Vivendi shall identify the privilege law it claims is applicable to at least 300 of the remaining documents on its index of privileged documents as further set forth in this order; in light of the technical nature of the issues, a hearing will be held on 5/17/06 at 10:30a.m. to address the issues as further set forth in this order; no later than 5/15/06 GAMCO is directed to produce the documents identified as a result of its key word search. (Signed by Judge Henry B. Pitman on 5/9/06) Copies mailed by chambers.(dle, )
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Filing 299
ORDER that Gamco is directed to produce the documents identified as a result of its key word search no later than 4/24/06; Vivendi is directed to produced the results of the test queries generated on its internal computing system no later than 4/21/06; to the extent plaintiffs wish to explore the alleged discrepancies between the data yielded by the SQL software and Vivendi's published financial data, they are directed to do so by way of 30(b)(6) deposition; Vivendi is to propose a schedule to identify the law applicable to its claims of privilege no later than 4/17/06; commencing on 4/17/06 Vivendi is to identify no fewer than fifty of such individuals per week until all of requested individuals have been identified; Liberty Media is directed to either provide the document source information requested by Vivendi by 5/10/06 or submit an affidavit by that date explaining why it has not been able to do so; all fact discovery shall be completed by 11/30/06; plaintiff shall make all disclosures required by FRCP 26(a)(2) no later than 11/30/06; dfts shall make FRCP 26(a)(2) disclosures no later than 1/2/07; deposition of expert witness shall be completed by 2/28/07; dispositive motions shall be served no later than 3/30/07; opposition papers shall be served no later than 4/30/07; reply papers shall be served no later than 5/14/07. (Signed by Judge Henry B. Pitman on 4/13/06) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-RJH-HBP,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(dle, )
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Set/Reset Deadlines: Deposition due by 2/28/2007. Discovery due by 11/30/2006. (dle, )
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Filing 298
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Michael Calhoon dated 4/13/06 re: counsel opposes Vivendi producing reformatted results of the test by 4/21/06. Application denied without prejudice to renewal after plaintiffs review dft's production. (Signed by Judge Henry B. Pitman on 4/25/06) (dle, )
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Filing 297
REPLY MEMORANDUM OF LAW in Opposition to Plaintiffs' Substituted Motion for Class Certification. Document filed by Vivendi Universal. (jmi, )
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Filing 296
DECLARATION of Daniel Cohen and Geraud De Geouffre De La Pradelle in Support of Vivendi Universal, S.A.'s Sur-Reply Memorandum Further Opposition to Plaintiffs' Substituted Motion for Class Certification. Document filed by Vivendi Universal. (jmi, )
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Filing 295
DECLARATION of Paul Gompers in Support of Vivendi Universal, S.A.'s Sur-Reply Memorandum Further Opposition to Plaintiffs' Substituted Motion for Class Certification. Document filed by Vivendi Universal. (jmi, )
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Filing 294
ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul C. Saunders dated 1/6/06 re: Request leave to make an additional submission to your Honor responding to the matters raised in plaintiffs' reply submissions. If your Honor is amenable to this request, we propose to make that submission no later than Monday February 6, 2006. ENDORSEMENT: Application GRANTED in part. Defendants may file by 2/6/06 a sur-reply memorandum not to exceed 10 pages and 2 sur-reply declaration of equal length. (Signed by Judge Richard J. Holwell on 1/19/06) (js, )
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MEMO ENDORSED ON MOTION; granting without opposition, 214 Motion for an order, permitting plaintiffs to substitute William Cavanagh as an additional proposed class representative. Mr. Cavanagh is directed to serve and file his motion for class certification no later than 7/15/05. (Signed by Judge Henry B. Pitman on 7/6/05) (sac, )
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Filing 292
MEMO ENDORSEMENT: Defendants' application to make ex parte submissions to the Special Master (beyond the unredacted transcipts themselves) is denied. Not only would ex parte submissions make it impossible for plaintiffs to respond to defendants' arguments, ex parte submissions would probably make it impossible for plaintiffs to even receive the Special Master's report. Finally, most, if not all, of the defendants can easily make their arguments without revealing the specific details of the testimony they seek to withhold. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 1/4/2006) Copies Faxed By Chambers: (lb, )
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Filing 291
DECLARATION of Prof. Helene Gaudemen-Tallon in Support of Plaintiffs' Motion for Class Certification. (djc, )
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Filing 290
DECLARATION of Prof. Dr. Peter Mankowski in Support of Plaintiffs' Motion for Class Certification. (djc, )
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Filing 289
DECLARATION of Prof. Jonathan Harris, B.C.L. M.A. Ph.D., in Support of Plaintiffs' motion for Class Certification. (djc, )
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Filing 288
DECLARATION of Sanjai Bhagat in Support re: Plaintiffs' 234 MOTION to Certify Class.. (djc, )
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Filing 287
DECLARATION of Alexis Mourre in Support re: 234 MOTION to Certify Class.. (djc, )
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Filing 286
DECLARATION of Hans Smit, Stanley H. Fuld Professor of Law, Columbia University. (djc, )
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Filing 285
AFFIDAVIT of Todd B. Hilsee on Ability to Provided Multi-National Notice to Class Members. (djc, )
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Filing 284
ORDER To memorialize a number of rulings and decisions related to discovery and the status of this matter that were made at a conference held on this matter on December 7, 2005. A follow-up discovery conference will be held on January 18,2006 at 10:00. Any party wishing to raise an issue for discussion at the conference should do so by letter no later than January 4,2005. Responsive letters shall be sumitted no later than January 11,2005. SO Ordered. (Signed by Judge Henry B. Pitman on 12/16/2005) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-RJH,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(jmi, )
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Filing 282
STIPULATION SCHEDULING ORDER: The parties having stipulated to the provisions stated in this order regarding discovery produced by GAMCO. (Signed by Judge Henry B. Pitman on 11/30/2005) (jmi, )
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Filing 281
ORDER; Mr. Neil S. Cartusciello, is appointed special master to resolve the parties' dispute concerning the relevance of the redacted portions of the SEC transcripts. One-half of Mr. Carusciello's fees and expenses shall be borne by pltfs, the remaining half shall be borne by defendants. The reference to Mr. Cartusciello is limited to the matter of the SEC transcripts. The parties are directed to contact Mr. Carusciello promptly to discuss a schedule for submissions concerning the transcripts. (Signed by Judge Henry B. Pitman on 11/18/05) (kco, )
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Filing 280
NOTICE of Appearance by Richard M. Lorenzo, Morris Alexander Bowie, II, James G. Szymanski on behalf of Vivendi Universal, S.A. (db, )
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Filing 279
ORDER; responses due by 11/22/2005 Replies due by 12/2/2005. Oral Argument set for 12/8/2005 02:00 PM before Magistrate Judge Henry B. Pitman. (Signed by Judge Henry B. Pitman on 11/4/05) (pl, )
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Filing 278
ORDER: Plaintiffs should serve and file a formal mtion to compel the rating agencies to comply with their subpoenas as soon as possible. (Signed by Judge Henry B. Pitman on 10/21/05) (js, )
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Filing 277
ENDORSED LETTER: addressed to Judge Richard J. Holwell from Brian C. Kerr dated 10/25/05 re: Class plaintiffs request that the Court allow plaintiffs to file a reply brief in further support of their motion for class certification of up to 40 pages in length and the Court extend the deadline for plaintiffs to file their reply brief and expert affidavits in further support of their class certification motion by 30 days from 11/21/05 to 12/21/05. ENDORSEMENT: Class plaintiffs' reply brief shall not exceed 25 pages, and shall be filed no later than 12/21/05. (Signed by Judge Richard J. Holwell on 10/24/05) (js, )
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney William Wickersham to MANUALLY RE-FILE Document Notice of Change of Address, Document No. 275. This case is not ECF. (gf, )
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Filing 276
ORDER: The reference to item 70 in paragraph 7, line 2 of the Court's 8/24/2005 order is amended to refer to item 79. All other rulings are set forth in this order. (Signed by Magistrate Judge Henry B. Pitman on 10/13/2005) Copies Mailed By Chambers.(lb, )
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Filing 275
FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - NOTICE of Change of Address by William W. Wickersham on behalf of GAMCO Investors, Inc.. New Address: Entwistle & Cappucci LLP, 280 Park Avenue, 26th Floor West, New York, New York, United States 10017, 212-894-7200. (Wickersham, William) Modified on 10/25/2005 (gf, ).
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Filing 274
MEMORANDUM OF LAW in Opposition re: 234 MOTION to Certify Class.. Document filed by Jean-Marie Messier. (djc, )
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Filing 273
BOUND VOLUME OF UNREPORTED CASES. Received in the night deposit box on 10/5/05 at 9:42 p.m.. (sac, )
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Filing 272
DECLARATION of Daniel Cohen in Support of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:41 p.m.. (sac, )
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Filing 271
DECLARATION of Paul A. Gompers in Support of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:42 p.m.. (sac, )
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Filing 270
DECLARATION of Olivier Renard-Payen in Support of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:41 p.m.. (sac, )
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Filing 269
AFFIDAVIT of Sebastien Pouget in Support of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:42 p.m.. (sac, )
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Filing 268
DECLARATION of Laurence Rabinowitz in Support of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:42 p.m.. (sac, )
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Filing 267
DECLARATION of Geraud De Geouffre De La Pradelle in Support of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:41 p.m.. (sac, )
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Filing 266
DECLARATION of Cecile Heiser in Support of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:40 p.m.. (sac, )
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Filing 265
DECLARATION of Guy Carcassonne in Support of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:40 p.m.. (sac, )
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Filing 264
DECLARATION of Francois Terre of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:40 p.m.. (sac, )
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Filing 263
DECLARATION of Bernard Audit in Support of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:40 p.m.. (sac, )
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Filing 262
DECLARATION of Gerhard Hermann Otto Wegen in Support of Vivendi Universal, S.A.'s Opposition to Plaintiff's Motion for Class Certification. Received in the night deposit box on 10/5/05 at 9:41 p.m.. (sac, )
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Filing 261
MEMORANDUM OF LAW in Opposition re: 234 MOTION to Certify a Class consisting of all persons who purchased or otherwise acquired the ordinary shares or American Depositary Shares of Vivendi Universal, S.A. during the period between 10/30/00 and 8/14/03 as further set forth herein. To appoint Oliver M. Gerard, the Retirement System for General Employees of the City of Miami Beach, Bruce Doniger, Gerard Morel, Capital Invest Die....Gmbh, and William Cavanagh as class representatives, and appointing Milberg Weiss Bershad & Schulman LLP and Abbey Gardy, LLP as class counsel, by William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. Document filed by Guillaume Hannezo. Received in the night deposit box on 10/5/05 at 7:08 p.m.. (sac, )
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Filing 256
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Timothy G. Cameron dated 9/7/2005 re: request that the class certification briefing schedule be adjusted to reflect those new dates. Briefing schedule due by 10/5/2005. Replies brief due by 11/21/2005.ENDORSEMENT: The modification to the briefing schedule proposes herein are approved. (Signed by Judge Henry B. Pitman on 9/14/2005) (jmi, )
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Filing 255
TRANSCRIPT of proceedings held on 8/22/2005 before Judge Henry B. Pitman. (jar, )
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Filing 254
ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul C. Saunders dated 8/23/05 re: counsel writes to request an increase in the page limit from 25 pages to 75 pages for Vivendi's Memo. of Law in opposition to plaintiffs' motion for class certification. Vivendi's opposition brief shall be no more than 40 pages plaintiffs' reply shall be no more than 20 pages. So Ordered. (Signed by Judge Richard J. Holwell on 9/8/05) (jco, )
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Filing 293
(DUPLICATE ORIGINAL)... ORDER, Notice to the Clerk of Court: This Order, in conjunction with my order dated 7/26/05 (Docket Item 250), closes the motions docketed as Items 223, 231, and 251. (The preceding sentence has no effect on the rights of any party.) (Signed by Judge Henry B. Pitman on 8/24/05) This Document Relates to: 02civ5571, 02civ5919, 02civ5924, 02civ5973, 02civ6170, 02civ6385, 02civ6738, 02civ6956, 02civ7017, 02civ7098, 02civ7346, 02civ7371, 02civ8978, 02civ8979, 03civ2175, 03civ5911(sac, )
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Filing 253
TRANSCRIPT of proceedings held on 8/12/05 before Judge Henry B. Pitman. (lma, )
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Filing 252
TRANSCRIPT of proceedings held on 8/12/05 before Judge Henry B. Pitman. (lma, )
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Filing 251
MOTION to Compel production of documents, data and programs stored or maintained in electronic form by the proposed class representatives, lead plaintiffs, the liberty media plaintiffs and Gamco Investors, Inc. Document filed by Vivendi Universal. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(tb, )
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Filing 250
ORDER. Defendants' motion to compel discovery of information concerning plaintiffs' financial background and trading in securities other than securities issues by Vivendi is denied. No later than 8/8/05 Capital Invest shall serve defendants with an affidavit or declaration from Thomas Kellner attesting to the fact that, other than as further set forth in this Order, there are no agreements or other documents in Capital Invest's possession custody or control that describe or reflect the scope of discretion of Capital Invest, or any predecessor, to select investments for Apk EU-Big Caps Fund, or any predecessor, during the class period. No later than 8/15/05, Capital Invest is directed to produce all correspondence in its possession, custody or control between itself, or any predecessor, and ApK, or any predecessor, concerning the Apk Eu-Big Caps Fund. Defendants' motion to compel Capital Invest to produce filed documents and discovery materials in other actions in which Capital Invest has been a representative of a class or putative class is granted. Counsel are directed to confer forthwith to identify the specific documents sought by defendants. Defendants' motion to compel the Retirement System for the General Employees of the City of Miami to produce filed documents and discovery materials in other actions in which the Retirement System has been a representative of a class or putative class is granted. Counsel are directed to confer forthwith to identify the specific documents sought by defendants. No later than 8/8/05, Oliver Gerard, or his counsel, shall confirm to defendants in writing that Gerard has made a diligent search of all reasonable locations at his place of business and that no responsive documents are located there. Oliver Gerard shall forthwith contact the attorney who was present at the meetings of dissident shareholders, namely, Mr. Schmitt, and shall request a copy of the notes taken by Schmitt. If Schmitt agrees to produce such notes to plaintiff, plaintiff shall forward copies to defendants. Defendants' application to compel discovery concerning how a judgment in this case will be enforced against a class member residing outside the US and how class members outside the US will be precluded from bringing suit based upon the same factual allegations against defendants located outside the US is denied (Signed by Judge Henry B. Pitman on 7/26/05) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH Copies mailed by Chambers.(yv, )
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Filing 249
MOTION to Compel production of documents and responses to interrogatory requests by Gamco Investors, Inc. relating to merits discovery. Document filed by Vivendi Universal. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(tb, )
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Filing 248
MEMORANDUM OF LAW of defendant Jean-Marie Messier in Opposition to plaintiffs' joint motion to compel defendants to produce documents and provide information, and to set a firm deadline for defendants to complete their intial production. Document filed by Jean-Marie Messier. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(tb, )
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Filing 247
MEMORANDUM OF LAW in Support of Defendant Guillaume Hannezo's opposition to Plaintiffs' joint motion to compel defendants to produce documents and provide information, and to set a firm deadline for defendants to complete their initial document production. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(tb, )
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Filing 238
FIRST OPPOSITION BRIEF Memorandum of Law in Opposition to Vivendi Universal, S.A.?s Motion to Compel Production of Documents and Responses to Interrogatory Requests Relating to Merits Discovery. Document filed by GAMCO Investors, Inc.. (Attachments: #1 Affidavit Declaration of Frank S. Rossi, II, in Support of Opposition)(Wickersham, William)
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Filing 237
ENDORSED LETTER addressed to Judge Pitman from Paul C. Saunders dated 7/14/2005 re: counsel requests permission to submit a letter-brief on recent events relating to defts motion to compel. Application denied. There are already more than enough issues to address at the 7/25 conference. (Signed by Judge Henry B. Pitman on 7/19/2005) (jp, )
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Filing 236
RESPONSE to Motion re: 231 MOTION to Compel. Document filed by Liberty Media Corporation, Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(tp, )
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Filing 235
MEMORANDUM OF LAW in Support re: 234 MOTION to Certify Class.... Document filed by Bruce Doniger, Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (tp, )
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Filing 234
MOTION to Certify a Class consisting of all persons who purchased or otherwise acquired the ordinary shares or American Depositary Shares of Vivendi Universal, S.A. during the period between 10/30/00 and 8/14/03 as further set forth herein. To appoint Oliver M. Gerard, the Retirement System for General Employees of the City of Miami Beach, Bruce Doniger, Gerard Morel, Capital Invest Die....Gmbh, and William Cavanagh as class representatives, and appointing Milberg Weiss Bershad & Schulman LLP and Abbey Gardy, LLP as class counsel.Document filed by William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (tp, )
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Filing 231
MOTION for an order, compelling production of Documents and Responses to interrogatories requests by Proposed Class Representatives and Lead Plaintiffs relating to Class Certification. Document filed by Vivendi Universal, Guillaume Hannezo, Jean-Marie Messier. (sac, )
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Filing 230
ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from William C. Fredericks dated 7/6/05 re: Application granted, without opposition. Plaintiffs' time to file their reply papers in connection with class certification is extended to 10/31/05.. (Signed by Judge Henry B. Pitman on 7/8/05) (sac, )
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Filing 229
ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Paul C. Saunders dated 6/28/05, Set Deadlines/Hearing as to 223 MOTION to Compel: Responses due by 7/15/2005 Replies due by 7/27/2005. (Signed by Judge Henry B. Pitman on 6/30/05) (sac, )
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Filing 228
DEFENDANT GUILLAUME HANNEZO'S LIST OF DEPONENTS Submitted In Accordance With Paragraph 5 of the Court's Order Dated June 1, 2005. Document filed by Guillaume Hannezo. (mde, )
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Filing 223
PLAINTIFF'S JOINT MOTION to Compel DEFENDANT VIVENDI UNIVERSAL, S.A. TO PRODUCE ELECTRONIC DATA. Document filed by Rosenbaum Partners, L.P.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(jma, )
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Filing 222
DECLARATION of Brian C. Kerr IN SUPPORT OF PLAINTIFF'S JOINT MOTION TO COMPEL DEFENDANT'S TO PRODUCE DOCUMENTS AND PROVIDE INFORMATION, AND TO SET A FIRM DEADLINE FOR DEFENDANTS TO COMPLETE THEIR INITIAL DOCUMENT PRODUCTION. Document filed by Rosenbaum Partners, L.P.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(jma, )
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Filing 215
MEMORANDUM OF LAW in Support re: 214 MOTION to Substitute Party. Old Party: New Party: William Cavanagh. Document filed by Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Eleanor Turberg, Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, Olivier Chastan, Reed S. Clark, Daha Davis. Received in night deposit box on 6/10/05 at 8:03 p.m. (yv, )
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Filing 214
MOTION for an Order pursuant to Rules 23(d) of the FRCP and this Court's Order of 6/1/05 permitting plaintiffs to substitute William Cavanagh as an additional proposed class representative. Document filed by Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, Rosenbaum Partners, L.P., W. Scott Polland, Jr, Nicholas A. Radosevich, Pearson-Doniger Family, Miami Group, Rosenbaum Partners, L.P., Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Eleanor Turberg, Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, Olivier Chastan, Reed S. Clark, Daha Davis. Received in night deposit box on 6/10/05 at 8:03 p.m. (yv, )
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Filing 213
ORDER: regarding the schedule shall govern future proceedings in this matter. Dispositive motions shall be served no later than 9/29/06. Responses due by 10/31/2006. Replies due by 11/14/2006. Fact discovery due by 5/31/2006. (Signed by Judge Henry B. Pitman on 6/1/05) Copies Mailed By Chambers.(kw, )
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Filing 212
ORDER; granting 204 Motion to Withdraw, granting 206 Motion (Signed by Judge Richard J. Holwell on 5/20/05) Copies Faxed by Chambers (sac, )
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Filing 210
TRANSCRIPT of proceedings held on 4/21/05 before Judge Richard J. Holwell. (mo, )
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Filing 209
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Richard J. Holwell on 4/21/2005) (jsa, ) Modified on 4/29/2005 (jsa, ). copy faxed to counsel for plaintiff by chambers of Judge Holwell 4/22/2005.
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Filing 208
ORDER granting 184 Motion to Intervene, granting 184 Motion to Withdraw, denying 195 Motion to Strike. The Court established the following schedule for resolution of the motion for class certification: 1. Depositions of proposed class representatives shall be completed by 5/31/05, except that the deposition of Olivier M. Gerard shall be completed by 6/30/05; and 2. Opposition to plaintiffs' motion for class certification shall be filed by 6/30;05, and any reply shall be filed by 8/12/05. (Signed by Judge Richard J. Holwell on 4/22/05) Copies Faxed By Chambers.(kw, )
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Set Deadlines/Hearings: opposition to plaintiffs' motion for class certification shall be filed by 6/30/05 and any reply shall be filed by 8/12/05. (kw, )
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Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 4/21/2005. Remark: The matter will be referredto a Magistrate Judge Pitman for discovery purposes. Depositions of proposed class representatives shall take place by 5/31/2005, with the exception Oliver Gerard, which shall be conducted by 6/30/2005. Opposition to class cert motion shall be filed by 6/30/2005. Reply by 8/12/2005. Expert affidavits shall be allowed, but no expert depositions (on class cert). (mde, )
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Filing 207
MEMORANDUM OF LAW in Support of re: 206 MOTION to supplement the record with respect to Lead Plaintiff's application. Document filed by Edward B Brunswick, Michael Doniger, Alison Doniger, Beatrice Doniger, Ruth` Pearson Trust. (kw, )
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Filing 206
MOTION to supplement the record with respect to Lead Plaintiff's application. Document filed by Ruth` Pearson Trust, Edward B Brunswick, Michael Doniger, Alison Doniger, Beatrice Doniger. (kw, )
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Filing 205
MEMORANDUM OF LAW in Support of re: 204 MOTION to Withdraw. Document filed by Alison Doniger. (kw, )
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Filing 204
MOTION to Withdraw as lead plaintiff. Document filed by Alison Doniger. (kw, )
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Filing 203
DECLARATION of Timothy G. Cameron in Support re: 195 MOTION to Strike Oliver M. Gerard as a Proposed Class Representative and Lead Plaintiff. Document filed by Vivendi Universal. Filed In Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(ll, )
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Filing 202
REPLY MEMORANDUM OF LAW in Support re: 195 MOTION to Strike Oliver M. Gerard as a Proposed Class Representative and Lead Plaintiff. Document filed by Vivendi Universal. Filed In Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(ll, )
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Filing 199
MEMORANDUM OF LAW in Opposition re: 184 MOTION to Intervene. MOTION to Withdraw. MOTION to Withdraw. Document filed by Vivendi Universal, S.A.(yv, )
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Filing 198
ENDORSED LETTER addressed to Judge Richard J. Holwell from Timothy G. Cameron dated 3/22/05 re: requesting leave of this Court to file the enclosed Surreply Memorandum of Law. Application granted. Sur-Reply shall be filed with the Clerk of the Court. (Signed by Judge Richard J. Holwell on 4/5/05) Copies Faxed By Chambers.(kw, )
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Filing 201
DECLARATION of Olivier Gerard in Support re: 200 Memorandum of Law in Opposition to Motion (cd, )
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Filing 200
MEMORANDUM OF LAW in Opposition re: 195 MOTION to Strike, fld by lead plaintiff Oliver Gerard. (cd, )
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Filing 197
DECLARATION of Irene Reisenberger in Support re: 184 MOTION to Intervene. Document filed by Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH. Filed In Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(ps, )
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Filing 196
DECLARATION of Gerard Morel in Support re: 184 MOTION to Intervene. Document filed by Gerard Morel. Filed In Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(ps, )
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Filing 195
NOTICE OF DEFENDANT VIVENDI UNIVERSAL, S.A.'S MOTION to Strike Olivier M. Gerard as a Proposed Class Representative and Lead Plaintiff. Document filed by Vivendi Universal. (jmi, )
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Filing 194
DECLARATION of Irene Reisenberger in Support re: 184 MOTION to Intervene. MOTION to Withdraw. MOTION to Withdraw. Document filed by Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH. Filed In Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(yv, )
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Filing 193
DECLARATION of Gerard Morel in Support re: 184 MOTION to Intervene. MOTION to Withdraw. MOTION to Withdraw. Document filed by Gerard Morel. Filed In Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(yv, )
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Filing 192
REPLY MEMORANDUM OF LAW in Support re: 184 MOTION to Intervene. MOTION to Withdraw. MOTION to Withdraw. Document filed by Prigest, S.A, Tocqueville Finance, S.A. Filed In Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(yv, )
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Filing 189
ENDORSED LETTER addressed to Judge Howell from Brian Kerr dated 3/7/05: granting a one day extension of time for the filing of plntfs' reply brief in connection with the Motion by lead plntfs' reply brief in connection with the motion by lead plntfs to withdraw as lead plntfs to 3/8/05. (Signed by Judge Richard J. Holwell on 3/8/05) copies sent by chambers.(cd, )
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Filing 188
DECLARATION of Erica L. McCormick in Support re: 187 Memorandum of Law in Oppisition to Motion. Document filed by Vivendi Universal, S.A. (Filed in the night deposit on 2/28/05 at 5:33 p.m.) (ae, )
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Filing 187
MEMORANDUM OF LAW in Opposition re: 184 MOTION to Intervene. MOTION to Withdraw. MOTION to Withdraw. Document filed by Vivendi Universal, S.A. (Filed in the night deposit on 2/28/05 at 5:33 p.m.)(ae, )
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Filing 186
MEMORANDUM OF LAW in Support of Defendant Guillaume Hannezo's Opposition to the Motion by Gerard Morel and Capital Invest to Intervene as Additional named plaintiffs and proposed class representatives. Document filed by Guillaume Hannezo. (ae, )
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Filing 185
MEMORANDUM OF LAW in Support re: 184 MOTION to Intervene & MOTION to Withdraw. Document filed by Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH, Gerard Morel, Prigest, S.A, Tocqueville Finance, S.A. Received in night deposit box on 2/7/2005 at 6:46 p.m.(kkc, )
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Filing 184
MOTION for Prigest, S.A. and Tocqueville Finance, S.A. to Withdraw as lead plaintiffs and proposed class representatives; and MOTION for Gerard Morel and Capital Invest to Intervene as additional named plaintiffs and proposed class representatives. Document filed by Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH, Gerard Morel, Prigest, S.A, Tocqueville Finance, S.A. Received in night deposit box on 2/7/2005 at 6:46 p.m.(kkc, )
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Filing 183
TRANSCRIPT of proceedings held on 12/15/04 before Judge Richard J. Holwell (es, )
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Filing 182
MEMORANDUM AND OPINION #91064.... Accordingly, the court holds that the employees previously designated by Vivendi in response to plaintiffs' November 2, 2004 Notice of Deposition shall be deposed in France purs to Chapter II of the Hague Convention. Such depositions shall be conducted at the earliest reasonable opportunity. (Signed by Judge Richard J. Holwell on 12/29/04); copies forwarded to counsel of parties (djc, ) Modified on 7/15/2005 (rag, ).
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Filing 181
AFFIRMATION of Jean Veil. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(jmi, )
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Filing 180
LETTER addressed to Judge Holwell from Michael Swartz dated 12/15/2004 Document filed by Guillaume Hannezo.(jp, )
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Filing 176
AFFIRMATION of Jean Veil, ESQ. Document filed by Guillaume Hannezo. (jmi, )
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Filing 179
LETTER addressed to Judge Richard J. Holwell from Brian C. Kerr dated 11/18/04 re: Counsel for plaintiff writes regarding supplemental submissions. Document filed by Miami Group, Pearson-Doniger Family, Rosenbaum Partners, L.P. (jco, )
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Filing 178
AFFIRMATION of Jean Veil. Document filed by Guillaume Hannezo. (jco, )
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Filing 177
LETTER addressed to Judge Richard J. Holwell from Michael E. Swartz dated 11/18/04 re: Counsel for Mr. Hannezo writes to request that his deposition be conducted in France pursuant to the procedures set forth in Chapter I of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, concluded 3/18/70. Document filed by Guillaume Hannezo.(jco, )
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Filing 174
ORDER; re: granting 166 MOTION to supplement the record with respect to Lead Plaintff Application The record shall be supplemented as set forth in Miami Beach's Memorandum in Support of the motion. (Signed by Judge Richard J. Holwell on 11/4/04) (pl, )
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Filing 173
ORDER; that plaintiffs are directed to disclose by 11/15/04 the identity of the former officer of U.S. Filter identified in paragraph 174 of the First Amended Consolidated Complaint. (Signed by Judge Richard J. Holwell on 11/4/04) Copies Faxed By Chambes.(pl, )
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Filing 175
JOINT STATUS REPORT pursuant to the Court's Order of 9/20/04.(jco, )
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Filing 172
MOTION for Michael Calhoon to Appear Pro Hac Vice. Document filed by LMC USA VI, Inc., LMC USA VII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media Corporation, Liberty Media International, Inc., Liberty Programming Company LLC. (kw, )
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Filing 171
SUPPLEMENTAL MEMORANDUM OPINION TO ORDER OF SEPTEMBER 21, 2004 # 90811.For all of the above reasons, as well as the reasons stated on the record on September 20, 2004, all motions for reconsideration are denied. (Signed by Judge Richard J. Holwell on 10/19/2004)
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Filing 170
MEMORANDUM OF LAW in Support Plaintiffs' re: 169 Notice (Other). Document filed by Miami Group, Pearson-Doniger Family, Rosenbaum Partners, L.P.. (jmi, )
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Filing 169
NOTICE of Plaintiffs' Motion For Class Certification. Document filed by Miami Group, Pearson-Doniger Family, Rosenbaum Partners, L.P.. (jmi, )
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Filing 168
TRANSCRIPT of proceedings held on 9/20/2004 before Judge Richard J. Holwell.(jp, )
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Filing 167
MEMORANDUM OF LAW in Support by City of Miami Beach General Employees Retirement System's 166 MOTION to supplement the record with respect to Lead Plaintff Application.. (djc, )
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Filing 166
MOTION by City of Miami Beach General Employees Retirement System to supplement the record with respect to Lead Plaintiff Application. (djc, )
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Filing 165
ORDER denying 87 Motion for Reconsideration, denying 89 Motion for Reconsideration, denying 90 Motion for Reconsideration, granting in part and denying in part 140 Motion to Dismiss. The parties are directed to submit, by 11/4/04, a status report re the deposition schedule. The parties are also directed to provide the Court, by 11/18, supplemental submissions on procedures by which deposition shall be taken. The parties are directed to appear for a conference on this matter on 12/15/04, at 4:30 pm, in Courtroom 17B.. (Signed by Judge Richard J. Holwell on 9/20/04) copies sent by chambers.(cd, )
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Set/Reset Scheduling Order Deadlines: Pretrial Conference set for 12/15/2004 04:30 PM before Richard J. Holwell. (cd, )
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Minute Entry for proceedings held before Judge Richard J. Holwell : Pretrial Conference held on 9/20/2004. Next ptc set for 12/15/04 at 4:30 pm. (cd, )
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Filing 164
ORDER; the parties are directed to appear for a conference on this matter on September 20, 2004 at 3:30 p.m. in Courtroom 17B, United States Court House, 500 Pearl Street, NY, NY 10007; (Signed by Judge Richard J. Holwell on 08/26/04); copies mailed by Chambers (djc, )
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Filing 163
JOINT REPORT pursuant to the Court's 6/7/04 Order. Document filed by counsel for all parties. (db, )
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Joint Report pursuant to The Court's 6/7/04 order.
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Filing 162
TRANSCRIPT of proceedings held on 6/4/04 before Judge Richard J. Holwell.(pa, )
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Filing 161
ANSWER Defendant Jean-Marie Messier Plaintiffs' To Complaint For Injunctive Declaratory And Monetary Relief. Document filed by Jean-Marie Messier.(jmi, )
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Filing 160
ORDER that the parties shall submit to the court by 7/31/04 a joint report on the status of dfts' production of documents to plaintiff the status of third party discovery and any differences between the parties' positions as to the procedure for the taking of depositions abroad. Plaintiffs are further directed to submit to the court, no later than 9/3/04 a list of deponents and a proposed schedule for the taking of depositions. (Signed by Judge Richard J. Holwell on 6/7/04) Copies faxed by chambers.(dle, )
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Set/Reset Deadlines: Status Report due by 7/31/2004. (dle, )
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Filing 159
ANSWER to Amended Complaint with JURY DEMAND. Document filed by Universal Studios, Inc., Vivendi Universal, S.A.. Related document: 93 Amended Complaint.(jco, )
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Filing 158
ANSWER to Amended Complaint. Document filed by Guillaume Hannezo. Related document: 93 Amended Complaint.(jco, )
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Minute Entry for proceedings held before Judge Richard J. Holwell : Interim Pretrial Conference held on 6/4/2004. Discovery issues discussed and order issued that both parties are to submit to the Court by 7/31/2004, a joint report, on the status of defendants production of documents to plaintiff, the status of third-party discovery and any differences between the parties' positions as to the procedure for taking of depositions abroad. Plaintiffs are directed to submit by 9/03/2004 a list of deponents and a proposed schedule for taking depositions. (jeh, )
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Filing 157
NOTICE of Change of Address by Brian Philip Murray on behalf of Barry Family, LP, Edward B Brunswick, Olivier Chastan, Reed S. Clark, Daha Davis, Collen Dodi, Alison Doniger, Beatrice Doniger, Bruce Doniger, Michael Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Yong Man Kim, Jeffrey Kurtz, LMC Capital LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media Corporation, Liberty Media International, Inc., Liberty Programming Company LLC, Miami Group, Pearson-Doniger Family, W. Scott Polland Jr., Hal Price, Nicholas A. Radosevich, Rosenbaum Partners, L.P., Marc Rovner, Ruth Pearson Trust Pearson Trustee, Sheldon Seid, Eleanor Turberg, Leslie Turbowitz, William individually and on behalf of all others similarly situated. New Address: Murray, Frank & Sailer, L.L.P., 275 Madison Avenue, Suite 801, New York, New York, 10016, (212) 682-1818. (tp, )
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Filing 156
STIPULATION AND ORDER that the time for all defendants to answer the complaint is hereby extended to 6/7/2004. (Signed by Judge Richard J. Holwell on 5/20/2004) Filed In Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(jsa, )
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Set Answer Due Date purs. to 156 Stipulation and Order, as to Guillaume Hannezo answer due on 6/7/2004; Jean-Marie Messier answer due on 6/7/2004; Universal Studios, Inc. answer due on 6/7/2004; Vivendi Universal answer due on 6/7/2004. (jsa, )
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Filing 155
NOTICE of Change of law firm name by William C. Fredericks, Brian C. Kerr, Sol Schreiber on behalf of Barry Family, LP, Edward B Brunswick, Olivier Chastan, Reed S. Clark, Daha Davis, Collen Dodi, Alison Doniger, Beatrice Doniger, Bruce Doniger, Michael Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Yong Man Kim, Jeffrey Kurtz, LMC Capital LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media Corporation, Liberty Media International, Inc., Liberty Programming Company LLC, Miami Group, Pearson-Doniger Family, W. Scott Polland Jr., Hal Price, Nicholas A. Radosevich, Rosenbaum Partners, L.P., Marc Rovner, Ruth Pearson Trust Pearson Trustee, Sheldon Seid, Eleanor Turberg, Leslie Turbowitz, William individually and on behalf of all others similarly situated. New Firm Name: Milberg, Weiss, Bershad & Schulman, L.L.P.,. (dle, )
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Filing 154
TRANSCRIPT of proceedings held on 4/1/2004 before Judge Richard J. Holwell.(jmi, )
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Filing 153
REPLY MEMORANDUM OF LAW in Further Support re: 140 MOTION to Dismiss. Document filed by Vivendi Universal. Received in the night deposit box on 4/22/04 at 5:03 P.M. (sac, )
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Filing 152
OPINION #89992, granting in part and denying in part 111 Motion to Dismiss,The Court grants defts' motions to dismiss plntfs' Sec 10(b) claims as to alleged omissions regarding Vivendi's sale of put options to banks and its share respurchase program, and denies the motions in all other respects. (Signed by Judge Richard J. Holwell on 4/21/04) (cd, ). Modified on 8/23/2004 (rag, ).
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Filing 151
STIPULATION AND ORDER that shall govern the procedures to be followed when handling confidential materials in this matter. (Signed by Judge Richard J. Holwell on 4/22/04) (dle, )
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Filing 150
DECLARATION of Adam F. Jachimowski in Support of the Memorandum of Law in Opposition to Defendant Vivendi Universal, S.A.'s Motion to Dismiss Gamco's Complaint for vbiolations of the Federal Securities Laws and NY Common Law. Docmt filed by GAMCO INVESTORS, INC. Docmt received in night dep. 04/02/04 at 6:32 p.m. (djc, )
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Filing 149
MEMORANDUM OF LAW in Opposition re: 140 MOTION to Dismiss.. (djc, )
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Filing 148
TRANSCRIPT of proceedings held on 2/26/04 before Judge Richard J. Holwell.(dfe, )
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Filing 147
TRANSCRIPT of proceedings held on 2/26/04 before Judge Richard J. Holwell.(dfe, )
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MEMORANDUM TO THE DOCKET CLERK: that a conference was held before the Honorable Judge Holwell on 4/1/04, and Oral Argument was hered by the Court and the Court reserves decision at this time. (tp, )
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Filing 146
NOTICE of Change of Address by Patrick Anthony Klingman New Address: that the firm of Schatz & Nobel, P.C. new address is Schatz & Nobel, P.C., One Corporate Ctr., 20 Church Street, Sutie 1700, Hartford, CT 06103, atty. Andrew M. Schatz and Patrick A. Klingman. (pl, )
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Filing 145
TRANSCRIPT of proceedings held on January 29, 2004 before Judge Richard J. Holwell.(jw, )
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Filing 144
ORDER: Oral Argument set for 4/1/2004 04:00 PM before Richard J. Holwell on defendants' motions to dismiss the complaint in Room 17B, 500 Pearl Street. (Signed by Judge Richard J. Holwell on 2/26/04) (kw, )
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Set Deadlines/Hearings: Pretrial Conference set for 4/1/2004 04:00 PM before Richard J. Holwell. (kw, )
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Minute Entry for proceedings held before Judge Richard J. Holwell : Interim Pretrial Conference held on 2/26/2004. Motion for dismissal, the Court reserves decision. All parties to discuss all discovery materials that have been provided. (kw, )
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Filing 143
MEMORANDUM OF LAW in Opposition re: 111 MOTION to Dismiss. Document filed by Miami Group, Rosenbaum Partners, L.P.. (sac, )
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Filing 138
ORDER re: 59 Motion to Dismiss filed by Guillaume Hannezo, 66 Motion to Dismiss filed by Jean-Marie Messier, 28 Motion to Dismiss filed by Jean-Marie Messier, 62 Motion to Dismiss filed by Universal Studios, Inc., Vivendi Universal, S.A., 23 Motion to Dismiss filed by Vivendi Universal, 20 Motion to Dismiss filed by Guillaume Hannezo. At the hearing scheduled for Thursday, 2/26/04, the Court will hear argument on defendants' motion to dismiss the complaint. (Signed by Judge Richard J. Holwell on 2/23/04) Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH Copies faxed by Chambers.(yv, ) Modified on 2/25/2004 (yv, ).
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Filing 139
CERTIFICATE OF SERVICE of Memorandum Endorsement served on Rosenbaum Partners, L.P., Miami Group, Pearson-Doniger Family, Jean-Marie Messier, Guillaume Hannezo, Eleanor Turberg, on 2/18/04. Service was made by fax. Document filed by Vivendi Universal, Vivendi Universal, S.A. (yv, )
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Filing 137
ORDER; Class plaintiffs are invited to file a surreply memorandum in further opposition to defendant Vivendi Universal, S.A.'s motion to dismiss Count IV of the first amended consolidated class action complaint, addressing the issue of whether a Section 14(a) claim against Vivendi Universal Canada, Inc. would be time-barred. Any submission shall be filed by Wednesday, 2/25/04, and shall be no longer than four pages in length.(Signed by Judge Richard J. Holwell on 2/19/04) (sb, )
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Filing 136
ENDORSED LETTER addressed to Judge Holwell from Timothy G. Cameron dated 2/17/04 re: Parties request that the deadline for submission of the joint report outlining the procedures pursuant to which depositions outside the U.S. shall be conducted be extended until 2/22/04. Application granted. (Signed by Judge Richard J. Holwell on 2/15/04) Associated Cases: 1:02-cv-05571-RJH,1:02-cv-05919-HB,1:02-cv-05924-HB,1:02-cv-05973-HB,1:02-cv-06170-HB, 1:02-cv-06385-HB,1:02-cv-06738-HB,1:02-cv-06956-HB,1:02-cv-07017,1:02-cv-07098-HB, 1:02-cv-07346-GEL,1:02-cv-07371-HB,1:02-cv-08978-HB,1:02-cv-08979-HB,1:03-cv-02175-RJH, 1:03-cv-05911-RJH(sb, )
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Filing 142
DECLARATION of M. Franklin Boyd in Support re: 140 MOTION to Dismiss. Exhibits attached. Document filed by Vivendi Universal. (sac, )
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Filing 141
MEMORANDUM OF LAW in Support re: 140 MOTION to Dismiss. Document filed by Vivendi Universal. (sac, )
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Filing 140
MOTION to Dismiss Gamco Investors, Inc.'s Complaint for violations of The Federal Securities Laws and New York Common Law. Document filed by Vivendi Universal. (sac, ). Presiding Judge: Holwell, Richard J. (rag, ) (Entered: 08/23/2004)
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Filing 135
ANSWER and Affirmative defenses to First Amended Consolidated Complaint.Document filed by Guillaume Hannezo. Related document: 93 Amended Complaint.(tp, )
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Filing 134
ANSWER to Amended Complaint. Document filed by Jean-Marie Messier. Related document: 93 Amended Consolidated Class Action Complaint. Messier asserts, and expressly reserves all rights with respect to, all counterclaims or cross-claims that may revealed during the course of discovery. (Received in the Night Deposit Box on 2/11/04 at 7:25 p.m.)(tp, )
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Filing 133
ANSWER to Amended Complaint. Document filed by Vivendi Universal, S.A. Related document: 93 Amended Complaint. Received in night deposit box on 2/11/04 at 11:24 p.m.(db, )
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Filing 132
ORDER re: 111 MOTION to Dismiss. filed by Vivendi Universal, Set Deadlines/Hearing as to 111 MOTION to Dismiss. Motion Hearing set for 2/26/2004 02:30 PM before Richard J. Holwell. (Signed by Judge Richard J. Holwell on 2/9/04) Copies Faxed by Chambers".(jco, )
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Filing 131
NOTICE of of entry of Order on admission to practice pro hac vice. (yv, )
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Filing 130
ORDER Oral argument on dft Vivendi Universal, S.A.'s motion to dismiss count IV of the first amended consolidated class action complaint will be held on 2/13/04 at 10:00 in room 17B, 500 Pearl Street. This order corrects the court's 1/29/04 order setting oral argument on the motion for reconsideration. (Signed by Judge Richard J. Holwell on 1/30/04) Associated Cases: 1:02-cv-05571-RJH,1:03-cv-02175-RJH,1:03-cv-05911 Copies faxed by chambers.(dle, )
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Filing 129
ORDER granting in part and denying in part 114 Motion to Compel . (Signed by Judge Richard J. Holwell on 1/29/04) copies sent by chambers.(cd, )
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Filing 128
ORDER, oral argument on the motion for reconsideration of the Memo Opinion of 11/4/03, granting in part and denying in part defts' motion to dismiss the Complaint, will be held on 2/13/04, at 10:00 am, in Room 17B, 500 Pearl St. (Signed by Judge Richard J. Holwell on 1/29/04) (cd, )
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Set Deadlines/Hearings: Pretrial Conference set for 2/13/2004 10:00 AM before Richard J. Holwell. (kw, )
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Minute Entry: for proceedings held before Judge Richard J. Holwell : Status Conference held on 1/29/2004 as well as oral argument held. (kw, )
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Filing 127
TRANSCRIPT of proceedings held on 12/22/03 before Judge Richard J. Holwell.(pr, )
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Filing 126
STIPULATION AND ORDER; Defendants' time for serving their respective answers to plaintiffs' amended complaint shall be extended for 1/23/04, up until and including 2/11/04. (Signed by Judge Richard J. Holwell on 1/27/04) Copies Faxed By Chambers.(sb, )
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Set Answer Due Date purs. to 126 Stipulation and Order, as to Guillaume Hannezo answer due on 2/11/2004; Jean-Marie Messier answer due on 2/11/2004; Universal Studios, Inc. answer due on 2/11/2004; Vivendi Universal answer due on 2/11/2004; Vivendi Universal, S.A. answer due on 2/11/2004. (sb, )
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Filing 125
REPLY MEMORANDUM OF LAW in Support re: 111 MOTION to Dismiss.. Document filed by Vivendi Universal, S.A.. (dle, )
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Filing 124
PLAINTIFFS' MEMORANDUM OF LAW in Opposition To Defendant Vivendi Universal S.A.'S Motion To Dismiss Count IV Of The First Amended Consolidated Class Action Complaint re: 23 Motion to Dismiss. Document filed by Barry Family, LP, Edward B Brunswick, Olivier Chastan, Reed S. Clark, Daha Davis, Collen Dodi, Alison Doniger, Beatrice Doniger, Bruce Doniger, Michael Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Yong Man Kim, Jeffrey Kurtz, LMC Capital LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media Corporation, Liberty Media International, Inc., Liberty Programming Company LLC, Miami Group, Pearson-Doniger Family, W. Scott Polland Jr., Hal Price, Nicholas A. Radosevich, Rosenbaum Partners, L.P., Marc Rovner, Ruth Pearson Trust Pearson Trustee, Sheldon Seid, Eleanor Turberg, Leslie Turbowitz, William individually and on behalf of all others similarly situated. (jmi, )
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Filing 123
DECLARATION of Frederic Crepin. Document filed by Vivendi Universal, S.A.. (dle, )
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Filing 122
MEMORANDUM OF LAW in Opposition re: 114 MOTION to Compel.. Document filed by Vivendi Universal, S.A.. (dle, )
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Filing 121
DECLARATION of Kaimipono Wenger in Support of dft Vivendi Universal, S.A.'s memorandum of law in opposition to plaintiffs' motion to compel dfts' production of docuemnts previously produced to governmental and regulatory authorities, including deposition transcripts. Document filed by Vivendi Universal, S.A.. (dle, )
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Filing 120
MEMORANDUM OF LAW in Support of defendant Guillaume Hannezo's opposition to plaintiffs' motion to compel dfts' production of documents previously produced to governmental and regulatory authorities, including deposition transcripts. Document filed by Guillaume Hannezo. (dle, )
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Filing 119
MEMORANDUM OF LAW in Opposition re: 114 MOTION to Compel.. Document filed by Jean-Marie Messier. (dle, )
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CASHIERS OFFICE REMARK on 108 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 12/15/03, Receipt Number 496437. (db, )
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Filing 118
ORDER denying 71 Motion for relief from the Court's 9/2/03 Order consolidating GAMCO Investors, Inc. v. Vivendi Universal, S.A., 03cv5911, for all purposes with the class action In re Vivendi Universal, S.A. Securities Litigation, 02cv5571. That this motion is denied. So Ordered. . (Signed by Judge Richard J. Holwell on 12/31/03) (jco, )
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Filing 116
AFFIDAVIT of James S. Notis in Support re: 114 MOTION to Compel. (jco, )
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Filing 115
MEMORANDUM OF LAW in Support re: 114 MOTION to Compel. Document filed by Miami Group, Pearson-Doniger Family, Rosenbaum Partners, L.P. (jco, )
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Filing 114
MOTION for an Order to Compel defendants' production of documents previously produced to Governmental and Regulatory Authorities, including deposition transcripts. Document filed by Miami Group, Pearson-Doniger Family, Rosenbaum Partners, L.P. (jco, )
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Filing 113
MEMORANDUM OF LAW in Support re: 111 MOTION to Dismiss.. Document filed by Vivendi Universal. (cd, )
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Filing 112
DECLARATION of Edward Kang in Support re: 111 MOTION to Dismiss.. Document filed by Vivendi Universal (3 Volumes) (cd, )
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Filing 111
MOTION to Dismiss Count IV of the Amended Complaint. Document filed by Vivendi Universal. (cd, )
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Filing 110
SCHEDULING ORDER: Purusant to pre-trial conference held on 12/22/2003. Motions due by 4/29/2005. Responses due by 6/2/2005 Replies due by 7/1/2005. Discovery due by 10/15/2004. Pretrial Conference set for 1/29/2004 10:00 AM before Richard J. Holwell. Status Report due by 2/15/2004. The schedule shall govern the pre-trial proceedings in the consolidated actions. (Signed by Judge Richard J. Holwell on 12/24/2003) Copies mailed by chambers.(jsa, )
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Filing 109
REPLY MEMORANDUM OF LAW in Support re: 89 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 84 Memorandum & Opinion. Document filed by Guillaume Hannezo. (tp, )
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Filing 107
STIPULATION AND ORDER; Defendants' time for serving their respective Answers to plaintiffs' Amended Complaint shall be extended from 12/15/03, up until and including 1/23/04. Defendant Vivendi shall also have up until and including 1/23/04, to file a motion in response to Count IV only, except that the filing of any such motion shall not relieve Vivendi of the obligation to file its Answer to all portions of the Amended Complaint relating to the other Counts. Plaintiffs acknowledge that the Section 12(a)(2) claim is and remains dismissed as against Mr. Hannezo. Mr. Hannezo therefore need not respond to Count II of the Amended Complaint. (Signed by Judge Richard J. Holwell on 12/17/03) (sb, )
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Filing 108
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Luke O. Brooks for Vivendi Universal and Vivendi Universal, S.A. admitted Pro Hac Vice. (Signed by Judge Richard J. Holwell on 12/15/2003) (Sacco, John)
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Filing 104
REPLY MEMORANDUM OF LAW in Further Support re: 90 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 84 Memorandum & Opinion, Document filed by Vivendi Universal. Received in Night Deposit Box on 12/16/03 at 8:23PM.(tr, )
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Filing 103
REPLY MEMORANDUM OF LAW in Further Support defendant Jean-Marie Messier's re: 87 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 84 Memorandum & Opinion,,,,,,,.. Document filed by Jean-Marie Messier. (Wilson, Richard)
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Mailed notice to the attorney(s) of record. (gf, )
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Filing 106
REVISED INITIAL SCHEDULING CONFERENCE NOTICE AND ORDER. Initial Scheduling Conference set for 12/22/2003 10:00 AM before Richard J. Holwell in Courtroom 17B at the U.S. Courthouse, 500 Pearl Street, New York, NY 10007. Counsel for all parties are directed to propose a joint case management plan containing alternative proposals where no agreement has been reached. The plan shall be submitted to Chambers no later than 12:00 p.m. on Wed., 12/17/03. (Signed by Judge Richard J. Holwell on 12/11/03) (ae, )
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Filing 102
AFFIDAVIT of Luke O. Brooks in Support re: 101 MOTION for Luke O. Brooks to Appear Pro Hac Vice. (sac, )
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Filing 101
MOTION for an order, admitting Luke O. Brooks to Appear Pro Hac Vice as counsel for Lead Plaintiffs. (sac, )
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Filing 105
ORDER; an initial scheduling conference will be held in this action on 12/18/2003 at 10:00 a.m., Courtroom 17B, 500 Pearl Street; A proposed joint case management plan is to be submitted to the Court no later than 12:00 p.m. on 12/17/2003. (Signed by Judge Richard J. Holwell on 12/9/2003) (Pecorino, Joseph)
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Set Deadlines/Hearings: Scheduling Conference set for 12/18/2003 10:00 AM before Richard J. Holwell. (Pecorino, Joseph)
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Filing 98
ENDORSED LETTER addressed to Judge Holwell from Arthur Abbey dated 12/2/03 re: the pending motions for reconsideration shall be decided by this Court. (Signed by Judge Richard J. Holwell on 12/9/03) (Pecorino, Joseph)
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Filing 100
PLAINTIFFS' MEMORANDUM OF LAW in Opposition re: 90 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 84 Memorandum & Opinion. (jco, )
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Filing 99
MEMORANDUM OF LAW in Opposition re: 90 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 84 Memorandum & Opinion. Document filed by Barry Family, LP, Edward B Brunswick, Olivier Chastan, Reed S. Clark, Daha Davis, Collen Dodi, Alison Doniger, Beatrice Doniger, Bruce Doniger, Michael Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Yong Man Kim, Jeffrey Kurtz, LMC Capital LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media Corporation, Liberty Media International, Inc., Liberty Programming Company LLC, Miami Group, Pearson-Doniger Family, W. Scott Polland Jr., Hal Price, Nicholas A. Radosevich, Rosenbaum Partners, L.P., Marc Rovner, Ruth Pearson Trust Pearson Trustee, Sheldon Seid, Eleanor Turberg, Leslie Turbowitz, William individually and on behalf of all others similarly situated. (jco, )
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Filing 97
Initial disclosures pursuant to Rule 26(a)(1) of the FRCP. Document filed by Guillaume Hannezo. Received in night deposit box on 12/9/03 at 6:12 p.m. (db, )
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Filing 96
MEMORANDUM OF LAW in Opposition re: 89 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 84 Memorandum & Opinion.. Document filed by Vivendi Universal, S.A.. (djc, )
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Filing 95
NOTICE OF CASE REASSIGNMENT to Judge Richard J. Holwell. Judge Harold Baer no longer assigned to the case. (gf, )
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Filing 93
FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT by lead plaintiffs' amending 1 Complaint against Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi Universal, Vivendi Universal, S.A. Related document: 1 Complaint.(tp, )
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Set Answer Due Date re: 93 Amended Complaint, (tp, )
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Filing 92
MEMORANDUM OF LAW in Support re: 90 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 84 Memorandum & Opinion. Document filed by Vivendi Universal. Received in night deposit box on 11/21/03 at 7:27 p.m. (yv, )
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Filing 91
MEMORANDUM OF LAW in Support re: 89 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 84 Memorandum & Opinion. Document filed by Guillaume Hannezo. Received in night deposit box on 11/21/03 at 11:54 p.m. (yv, )
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Filing 90
MOTION (FILED ON SERVICE DATE) pursuant to Rule 6.3 of the Local Civil Rules of the United States District Courts for the Southern and Eastern Districts of New York and Rules 59(e) and 60(b) of the FRCP for Reconsideration re; 84 Memorandum & Opinion. Document filed by Vivendi Universal. (yv, )
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Filing 89
MOTION (FILED ON SERVICE DATE) pursuant to Local Civil Rule 6.3 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York and Rules 59(e) and 60(b) of the FRCP for partial Reconsideration re; 84 Memorandum & Opinion. Affirmation of Michael E. Swartz in support attached. Document filed by Guillaume Hannezo. Received in night deposit box on 11/21/03 at 11:54 p.m. (yv, )
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Filing 88
MEMORANDUM OF LAW in Support re: 87 MOTION (FILED ON SERVICE DATE) for Reconsideration re; 84 Memorandum & Opinion. Document filed by Jean-Marie Messier. Received in night deposit box on 11/21/03 at 5:11 p.m. (yv, )
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Filing 87
MOTION (FILED ON SERVICE DATE) pursuant to Rules 59(e) and 60(b) of the FRCP and Rule 6.3 of the Local Rules for the Southern District of New York for Reconsideration re; 84 Memorandum & Opinion. Document filed by Jean-Marie Messier. Received in night deposit box on 11/21/03 at 5:11 p.m. (yv, )
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Filing 94
NOTICE of OF FILING of Corrected Declaration of Cally Jordan in support of Plaintiffs' Motion for Reconsideration and Clarification. Document filed by Barry Family, LP, Edward B Brunswick, Olivier Chastan, Reed S. Clark, Daha Davis, Collen Dodi, Alison Doniger, Beatrice Doniger, Bruce Doniger, Michael Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Guillaume Hannezo, Yong Man Kim, Jeffrey Kurtz, LMC Capital LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media Corporation, Liberty Media International, Inc., Liberty Programming Company LLC, Miami Group, Pearson-Doniger Family, W. Scott Polland Jr., Hal Price, Nicholas A. Radosevich, Rosenbaum Partners, L.P., Marc Rovner, Ruth Pearson Trust Pearson Trustee, Sheldon Seid, Eleanor Turberg, Leslie Turbowitz, William individually and on behalf of all others similarly situated. (tp, )
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Filing 86
SURREPLY by Rosenbaum Partners, Miami Group, Pearson-Doniger in further opposition to [67-1] support memorandum. (jco)
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Filing 84
MEMORANDUM OPINION # 89279 AND ORDER, granting in part, denying in part [66-1] motion for an order dismissing the complaint with prejudice purs. to Rules 8, 9(b) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 USC 78u-4(b)(2), granting in part, denying in part [62-1] motion for an order dismissing the complaint to 15 USC 78u-4 for failure to satisfy heightened pleading requirements of the PSLRA, FRCP 9(b) for failure to plead fraud with particularity, granting in part, denying in part [20-1] motion for an order, purs. to FRCP 8, 9(b) and 12(b) and the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4, dismissing Pltffs' Consolidated Class Action Complaint with prejudice as against deft Hannezo, granting in part, denying in part [28-1] motion for an Order pusuant to Rule 8,9 (b) and 12(b)(6) of the FRCP to dismiss the consolidated class action complaint herein with prejudice, granting in part, denying in part [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP). For the foregoing reasons, defendatns' motion to dismiss plaintiff' 14(a) claim against Vivendi, and 12(a)(2) claim against Hannezo is granted, with leave to replead within 20 days hereof, if deemed necessary. Additionally, plaintiffs' claim for damages under 11 and 12(a)(2) arising from the purchase of Vivendi's ADSs, pursuant to the Form F-6 is barred. Defendants' motion to dismiss plaintiffs' other claims is denied. ( signed by Judge Harold Baer Jr. ) (jco)
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Filing 85
MEMO-ENDORSEMENT on Memorandum in Support (courtesy copy of document #83); it is interesting to note that both your cases and those cited by your adversary stress discretion while neither of you even allude to the concept. In any event, I have no objection to a sur-reply if it's 5 pages or less and here within the week, i.e., on or before 11/12/03 . ( signed by Judge Harold Baer Jr. ); (pl) Modified on 11/10/2003
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Filing 83
MEMORANDUM OF LAW by Rosenbaum Partners, Miami Group, Pearson-Doniger in support of [82-1] motion for leave to file Surreply in further opposition to motion of defts Vivendi to dismiss the complaint . (cd)
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Filing 82
NOTICE OF MOTION by Rosenbaum Partners, Miami Group, Pearson-Doniger for leave to file Surreply in further opposition to motion of defts Vivendi to dismiss the complaint ; Return Date not indicated (cd)
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Filing 81
REPLY MEMORANDUM by GAMCO Investors in support re: [71-1] motion for an order modifying the Court's September 2, 2003 Consolidation Order so as to permit coordination for pre-trial purposes of the separate actions, GAMCO Investors, INc. v. Vivendi Universal, S.A. 03 cv 5911 and In re Vivendi Universal S.A., Securities LItig. 02 cv 5571 . Received in night deposit on 10/15/03 at 6:48 p.m. (moc)
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Filing 80
REPLY MEMORANDUM by Guillaume Hannezo in support re: [59-1] motion for an order purs. to Rule 9(b) and 12(b) of the FRCP dismissing the Liberty Media complaint. Received in night deposit box on 10/10/03 at 8:47 p.m. (yv)
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Filing 79
REPLY MEMORANDUM by Jean-Marie Messier in support re: [66-1] motion for an order dismissing the complaint with prejudice purs. to Rules 8, 9(b) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 USC 78u-4(b)(2). Received in night deposit box on 10/10/03 at 7:28 p.m. (yv)
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Filing 78
REPLY MEMORANDUM by Vivendi, Universal Studios in support re: [62-1] motion for an order dismissing the complaint pursuant to 15 USC 78u-4 for failure to satisfy heightened pleading requirements of the PSLRA, FRCP 9(b) for failure to plead fraud with particularity. Received in night deposit box on 10/0/03 at 9:22 p.m. (yv)
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Filing 77
STIPULATION and ORDER, Defendant Vivendi Universal, S.A.'s Response to Motion reset for 10/7/03 re: [71-1] motion for an order modifying the Court's September 2, 2003 Consolidation Order so as to permit coordination for pre-trial purposes of the separate actions, GAMCO Investors, INc. v. Vivendi Universal, S.A. 03 cv 5911 and In re Vivendi Universal S.A., Securities LItig. 02 cv 5571 ; GAMCO's Reply to Response to Motion for 10/15/03 re: [71-1] motion for an order modifying the Court's September 2, 2003 Consolidation Order so as to permit coordination for pre-trial purposes of the separate actions, GAMCO Investors, Inc. v. Vivendi Universal, S.A. 03 cv 5911 and In re Vivendi Universal S.A., Securities LItig. 02 cv 5571 ; The time period within which defendant Vivendi Universal, S.A. must move against or answer Plaintiff's complaint, as set forth in the Stipulation and Order signed by Judge Pauley on 9/2/03 shall commence on the date that this Court renders its decision on plaintiff's Motion for Relief from the Order of Consolidation . ( signed by Judge Harold Baer Jr. ) (tp)
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Filing 76
DECLARATION of Edward King in opposition Re: [71-1] motion for an order modifying the Court's September 2, 2003 Consolidation Order so as to permit coordination for pre-trial purposes of the separate actions, GAMCO Investors, INc. v. Vivendi Universal, S.A. 03 cv 5911 and In re Vivendi Universal S.A., Securities LItig. 02 cv 5571. (jco)
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Filing 75
MEMORANDUM OF LAW by Vivendi in opposition to [71-1] motion for an order modifying the Court's September 2, 2003 Consolidation Order so as to permit coordination for pre-trial purposes of the separate actions, GAMCO Investors, INc. v. Vivendi Universal, S.A. 03 cv 5911 and In re Vivendi Universal S.A., Securities LItig. 02 cv 5571. (jco)
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Terminated documents 5-1, 10-1 pursuant to instructions of Judge Baer as indicated on the CJRA report. - (rag)
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Filing 74
Memo-Endorsement on letter addressed to Judge Baer from Arthur N. Abbey, dated 9/26/03. counsel reports that Judge Duffy entered two orders granting the SEC's application under Section 1103 of the Sarbanes-Oxley Act, 15 U.S.C. 78u-(c)(3) to block any payment from Vivendi to Messier relating to Messier's termination. Thanks for both your communications. I read it in the NY Times and have no fear that I forgot you or your motion . ( signed by Judge Harold Baer Jr. ); (yv)
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Filing 73
GAMCO Investors, Inc.'s DECLARATION of Adam F. Jachimowski in support Re: [71-1] motion for an order modifying the Court's September 2, 2003 Consolidation Order so as to permit coordination for pre-trial purposes of the separate actions, GAMCO INc. v. Vivendi Universal, S.A. 03 cv 5911 and In re Universal S.A., Securities LItig. 02 cv 5571 . (djc)
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Filing 72
GAMCO Investors Inc.'s MEMORANDUM OF LAW in support of [71-1] motion for an order modifying the Court's September 2, 2003 Consolidation Order so as to permit coordination for pre-trial purposes of the separate actions, GAMCO Investors, INc. v. Vivendi Universal, S.A. 03 cv 5911 and In re Vivendi Universal Securities LItig. 02 cv 5571 . (djc)
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Filing 71
NOTICE OF MOTION (filed on service date) of GAMCO Investors, Inc., for an order modifying the Court's September 2, 2003 Consolidation Order so as to permit coordination for pre-trial purposes of the separate actions, GAMCO Investors, INc. v. Vivendi Universal, S.A. 03 cv 5911 and In re Vivendi Universal S.A., Securities LItig. 02 cv 5571 ; Return Date not indicated; (djc)
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Filing 70
STIPULATION and ORDER, plaintiffs' Response to Motion reset for 9/12/03 re: [66-1] motion for an order dismissing the complaint with prejudice purs. to Rules 8, 9(b) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 USC 78u-4(b)(2), for 9/12/03 re: [59-1] motion for an order purs. to Rule 9(b) and 12(b) of the FRCP dismissing the Liberty Media complaint, for 9/12/03 re: [62-1] motion for an order dismissing the complaint pursuant to 15 USC 78u-4 for failure to satisfy heightened pleading requirements of the PSLRA, FRCP 9(b) for failure to plead fraud with particularity, for 9/12/03 re: [20-1] motion for an order, purs. to FRCP 8, 9(b) and 12(b) and the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4, dismissing Pltffs' Consolidated Class Action Complaint with prejudice as against deft Hannezo, for 9/12/03 re: [28-1] motion for an Order pusuant to Rule 8,9 (b) and 12(b)(6) of the FRCP to dismiss the consolidated class action complaint herein with prejudice, for 9/12/03 re: [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP) , defendants' Reply to Response to Motion reset for 10/10/03 re: [66-1] motion for an order dismissing the complaint with prejudice purs. to Rules 8, 9(b) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 USC 78u-4(b)(2), for 10/10/03 re: [59-1] motion for an order purs. to Rule 9(b) and 12(b) of the FRCP dismissing the Liberty Media complaint, for 10/10/03 re: [62-1] motion for an order dismissing the complaint pursuant to 15 USC 78u-4 for failure to satisfy heightened pleading requirements of the PSLRA, FRCP 9(b) for failure to plead fraud with particularity, for 10/10/03 re: [20-1] motion for an order, purs. to FRCP 8, 9(b) and 12(b) and the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4, dismissing Pltffs' Consolidated Class Action Complaint with prejudice as against deft Hannezo, for 10/10/03 re: [28-1] motion for an Order pusuant to Rule 8,9 (b) and 12(b)(6) of the FRCP to dismiss the consolidated class action complaint herein with prejudice, for 10/10/03 re: [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP) . ( signed by Judge Harold Baer Jr. ) (kw)
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Filing 69
CONSOLIDATION ORDER, this action is consolidated for all purposes purs. to Rule 41(a) of the FRCP. In re Vivendi Universal, S.A. Securities Litig. 02 Civ. 5571 is designated the lead case in this consolidated action. Purs. to Rule 42(a), the Clerk of the Court is directed to remove from my docket as a separate case GAMCO Investors, Inc. v. Vivendi Universal, S.A. 03 Civ. 5911. ( signed by Judge Harold Baer Jr. ); (sac)
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Filing 67
MEMORANDUM OF LAW by Jean-Marie Messier in support of [66-1] motion for an order dismissing the complaint with prejudice purs. to Rules 8, 9(b) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 USC 78u-4(b)(2). Received in the night deposit box on 8/4/03 at 9:23 p.m. (sb)
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Filing 66
NOTICE OF MOTION (filed on service date) by Jean-Marie Messier for an order dismissing the complaint with prejudice purs. to Rules 8, 9(b) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 USC 78u-4(b)(2) . Return Date 9/8/03 at 10:00. Received in the night deposit box on 8/4/03 at 9:23 p.m. (sb)
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Filing 65
STIPULATION and ORDER, Plaintiffs' Response to Motion reset for 9/2/03 re: [59-1] motion for an order purs. to Rule 9(b) and 12(b) of the FRCP dismissing the Liberty Media complaint, for 9/2/03 re: [62-1] motion for an order dismissing the complaint pursuant to 15 USC 78u-4 for failure to satisfy heightened pleading requirements of the PSLRA, FRCP 9(b) for failure to plead fraud with particularity, for 9/2/03 re: [20-1] motion for an order, purs. to FRCP 8, 9(b) and 12(b) and the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4, dismissing Pltffs' Consolidated Class Action Complaint with prejudice as against deft Hannezo, for 9/2/03 re: [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP) ; Defendants' Reply to Response to Motion reset for 9/23/03 re: [59-1] motion for an order purs. to Rule 9(b) and 12(b) of the FRCP dismissing the Liberty Media complaint, for 9/23/03 re: [62-1] motion for an order dismissing the complaint pursuant to 15 USC 78u-4 for failure to satisfy heightened pleading requirements of the PSLRA, FRCP 9(b) for failure to plead fraud with particularity, for 9/23/03 re: [20-1] motion for an order, purs. to FRCP 8, 9(b) and 12(b) and the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4, dismissing Pltffs' Consolidated Class Action Complaint with prejudice as against deft Hannezo, for 9/23/03 re: [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP). I'm granting this application premissed on the balance of the PTSO remaining in effect-if there is one . ( signed by Judge Harold Baer Jr. ) (tp)
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Filing 63
MEMORANDUM OF LAW by Vivendi, S.A., Universal Studios in support of [62-1] motion for an order dismissing the complaint pursuant to 15 USC 78u-4 for failure to satisfy heightened pleading requirements of the PSLRA, FRCP 9(b) for failure to plead fraud with particularity . (dle)
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Filing 61
RULE 7.1 CERTIFICATE filed by Universal Studios . (dle)
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Filing 64
DECLARATION of Daniel Slifkin by Vivendi, S.A., Universal Studios in support Re: [62-1] motion for an order dismissing the complaint pursuant to 15 USC 78u-4 for failure to satisfy heightened pleading requirements of the PSLRA, FRCP 9(b) for failure to plead fraud with particularity . (dle)
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Filing 62
NOTICE OF MOTION (filed on service date) by Universal Studios and Vivendi Universal for an order dismissing the complaint pursuant to 15 USC 78u-4 for failure to satisfy heightened pleading requirements of the PSLRA, FRCP 9(b) for failure to plead fraud with particularity . Return Date not indicated. (dle) Modified on 08/01/2003
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Filing 60
MEMORANDUM OF LAW by Guillaume Hannezo in support of [59-1] motion for an order purs. to Rule 9(b) and 12(b) of the FRCP dismissing the Liberty Media complaint. Received in night deposit box on 7/28/03 at 9:19 p.m. (db)
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Filing 59
NOTICE OF MOTION (FILED ON SERVICE DATE) by Guillaume Hannezo for an order purs. to Rule 9(b) and 12(b) of the FRCP dismissing the Liberty Media complaint . Affidavit of Michael E. Swartz in support attached. No Return Date indicated. Received in night deposit box on 7/28/03 at 9:19 p.m. (db) Modified on 07/31/2003
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Filing 58
CONSOLIDATION ORDER, that LEAD CASE 02cv5571(HB), be consolidated for all purposes pursuant to Rule 42(a) of the FRCP with cases 02cv8978(HB) and 02cv8979(HB) as Member Cases ; Pursuant to Rule 42(a), the Clerk of the Court is instructed to remove from my docket as a separate case 02cv8978 and 02cv8979 . ( signed by Judge Harold Baer Jr. ). (tp)
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Filing 68
Transcript of record of proceedings before Judge Harold Baer Jr. for the date(s) of 5/15/03. (df)
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Filing 56
STIPULATION and ORDER, The time within which Defendants Vivendi Universal S.A., Guillaume Hannezo, and Universal Studios, Inc. must move against or answer the complaint is extended for three weeks from the date hereof. ( signed by Judge Harold Baer Jr. ) (sb)
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Filing 57
Transcript of record of proceedings before Judge Harold Baer Jr. for the date(s) of May 1, 2003. (dt)
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Filing 55
ORDER, plaintiffs' request for judicial notice is granted . ( signed by Judge Harold Baer Jr. ); (kw)
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Filing 53
ORDER; the Court will take judicial notice, purs. to Rule 201 of the FRCP, (a) Vivendi Universal's Form 6-K with the U.S. Securities and Exchange Commission and (b) the price of Vivendi's ordinary shares on the dates Vivendi reported that deft Jean-Marie Messier sold his shares. ( signed by Judge Harold Baer Jr. ); (sac)
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Filing 54
Memorandum to Docket Clerk: Hearing held before Honorable Harold Baer, Jr. regarding defenant's motion to dismiss. Judge's Decision reserved. (yv)
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CASHIER'S OFFICE REMARK on [49-1] motion for Randi D. Bandman to appear pro hac vice for plntfs in the amount of $25.00 paid on 5/20/03 Receipt # 474066. (dle)
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Filing 52
Request for Judial Notice in support of plaintiffs' opposition to defendants' motions to dismiss by Rosenbaum Partners, Miami Group, Pearson-Doniger, William Cavangh, Olivier Chastan, Reed S. Clark, Daha Davis, Collen Dodi, Ruth Pearson Trust, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, W. Scott Polland Jr., Nicholas A. Radosevich, Pearson-Doniger, Miami Group, Rosenbaum Partners, Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim. (sb)
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Filing 51
MEMORANDUM ORDER, that for the reasons set forth, the Court is denying the [38-1] motion to lift the stay on discovery. ( signed by Judge Harold Baer Jr. ). (tp)
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Filing 50
ORDER, the Clerk of the Court shall continue to comply with this Court's 4/15/03, Order, pending further order of the Court ; the Clerk of the Court shall place all further papers submitted in connection with Vivendi's application for an Order to Show Cause, including the declarations of Frederic Crepin and Olivier Baratelli each dated 4/18/03, in support thereof, and plntfs' memo of las in response thereto, in a sealed envelope and deny access thereto to the public, pending further order of the Court, as further set forth in this document ( signed by Judge Harold Baer Jr. ); (cd)
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Memo endorsed on motion; granting [49-1] motion for Randi D. Bandman to appear pro hac vice for plntfs . ( signed by Judge Harold Baer Jr. ); forwarded orig. doc. to the Atty Admissions Clerk (cd)
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Filing 49
NOTICE OF MOTION by Rosenbaum Partners, Miami Group, Pearson-Doniger for Randi D. Bandman to appear pro hac vice for plntfs ; Return Date 5/16/03 at 9:30. (cd)
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Filing 48
SEALED DOCUMENT placed in vault. (js)
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Filing 47
NOTICE of Registration and Name Change by Cravath, Swaine & Moore. (pl)
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Filing 46
REPLY MEMORANDUM of LAW in further support re: [38-1] motion for an order partially lifting the stay of discovery, as further set forth on this motion . (djc)
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Filing 42
SEALED DOCUMENT placed in vault. (wv)
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Filing 45
MEMORANDUM OF LAW by Guillaume Hannezo in support of [38-1] motion for an order partially lifting the stay of discovery, as further set forth on this motion . (sb)
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Filing 44
MEMORANDUM OF LAW by Jean-Marie Messier in opposition to [38-1] motion for an order partially lifting the stay of discovery, as further set forth on this motion. Received in the night deposit box on 4/16/03 at 7:23 p.m. (sb)
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Filing 43
MEMORANDUM OF LAW by Vivendi in opposition to [38-1] motion for an order partially lifting the stay of discovery, as further set forth on this motion . (sb)
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Filing 41
SEALED DOCUMENT placed in vault. (wv)
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Filing 40
AFFIDAVIT by lead plaintiffs of Arthur N. Abbey in support of [38-1] motion for an order partially lifting the stay of discovery, as further set forth on this motion. Received in the night deposit box on 4/10/03 at 7:43 p.m. (sb)
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Filing 39
MEMORANDUM OF LAW by lead plaintiffs in support of [38-1] motion for an order partially lifting the stay of discovery, as further set forth on this motion. Received in the night deposit box on 4/10/03 at 7:44 p.m. (sb)
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Filing 38
NOTICE OF MOTION (filed on service date) by lead plaintiffs for an order partially lifting the stay of discovery, as further set forth on this motion . No Return Date. Received in the night deposit box on 4/10/03 at 7:44 p.m. (sb)
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Filing 37
REPLY MEMORANDUM by Jean-Marie Messier in further support of [28-1] motion for an Order pusuant to Rule 8,9 (b) and 12(b)(6) of the FRCP to dismiss the consolidated class action complaint herein with prejudice. Received in the night deposit box on 4/10/03 at 7:07 p.m. (sb)
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Filing 36
REPLY MEMORANDUM in further support of [20-1] motion for an order, purs. to FRCP 8, 9(b) and 12(b) and the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4, dismissing Pltffs' Consolidated Class Action Complaint with prejudice as against deft Hannezo. Received in the night deposit box on 4/10/03 at 11:46 p.m. (sb)
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Filing 35
REPLY MEMORANDUM by Vivendi in further support re: [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP). (tp)
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Filing 32
MEMORANDUM OF LAW by Vivendi in support of [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP). Received in the night deposit box on 3/27/03 at 5:05 p.m. (sb)
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Filing 34
MEMORANDUM OF LAW by Rosenbaum Partners, Miami Group, Pearson-Doniger in opposition to [20-1] motion for an order, purs. to FRCP 8, 9(b) and 12(b) and the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4, dismissing Pltffs' Consolidated Class Action Complaint with prejudice as against deft Hannezo, [28-1] motion for an Order pusuant to Rule 8,9 (b) and 12(b)(6) of the FRCP to dismiss the consolidated class action complaint herein with prejudice. Received in night deposit box on 3/26/03 at 11:40 p.m. (yv)
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Filing 33
MEMORANDUM OF LAW by Rosenbaum Partners, Miami Group, Pearson-Doniger in opposition to [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP). Received in night deposit box on 3/26/03 at 11:40 p.m. (yv)
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Filing 31
Memo-Endorsement on letter addressed to Judge Baer from James S. Notis, dated 3/20/03. Counsel for plaintiff requests leave to file a 35 page brief in opposition to defendant's motion to dismiss. If you point out or Judge Baer can see that your allegations are correct, the brief will be returned with a turn around time of a few days. For now the application is denied. ( signed by Judge Harold Baer Jr. ) (sb)
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Filing 30
NOTICE of change of Firm Name and Address of counsel to plaintiff. (djc)
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Filing 27
DECLARATION of Daniel Silfkin by Vivendi in support Re: [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP) . (laq)
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Filing 26
MEMORANDUM OF LAW by Vivendi in support of [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP) . (laq)
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Filing 25
DECLARATION of Antoine Lefort Des Ylouses by Vivendi Re: [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP) . (laq)
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Filing 24
DECLARATION of Frederic Crepin by Vivendi Re: [23-1] motion for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP) . (laq)
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Filing 22
RULE 7.1 CERTIFICATE filed by Vivendi . (moc)
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Filing 29
MEMORANDUM OF LAW by Jean-Marie Messier in support of [28-1] motion for an Order pusuant to Rule 8,9 (b) and 12(b)(6) of the FRCP to dismiss the consolidated class action complaint herein with prejudice. (received in the night deposit box on 2/24/03 at 8:44 pm.). (gf)
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Filing 28
NOTICE OF MOTION (FILED ON SERVICE DATE) by Jean-Marie Messier for an Order pusuant to Rule 8,9 (b) and 12(b)(6) of the FRCP to dismiss the consolidated class action complaint herein with prejudice . Return Date 4/24/03 at 10:00. (Oral Argument Requested). (received in the night deposit box on 2/24/03 at 8:44 pm.). (gf) Modified on 03/06/2003
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Filing 23
NOTICE OF MOTION by Vivendi for an order dismissing the Complaint, pursuant to :(1) 15 U.S.C. 78u-4(failure to satisfy heightened pleading requirements of the Private Securities Litigation Reform Act); (2) FRCP 8 (failure to submit short and plain statement of the claims); (3) FRCP 9(b) (Failure to plead fraud with particularity); (4) FRCP 12(b)(1) (lack of subject matter jurisdiction); (5) FRCP 12(b)(6) (failure to state a claim upon which relief may be granted) and (6) FRCP 41(b) (failure to comply with FRCP) . Return Date not indicated. (laq)
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Filing 21
MEMORANDUM OF LAW by Guilllaume Hannezo in support of [20-1] motion for an order, purs. to FRCP 8, 9(b) and 12(b) and the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4, dismissing Pltffs' Consolidated Class Action Complaint with prejudice as against deft Hannezo... (rec'd in the night deposit box on 2/24/03 at 11:04 p.m.) (sac)
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Filing 20
NOTICE OF MOTION by Guillaume Hannezo for an order, purs. to FRCP 8, 9(b) and 12(b) and the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4, dismissing Pltffs' Consolidated Class Action Complaint with prejudice as against deft Hannezo ; Return Date not indicated... Affirmation of Michael E. Swartz attached.... (rec'd in the night deposit box on 2/24/03 at 11:04 p.m.) (sac)
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Filing 19
Memo-Endorsement on letter addressed to Judge Baer from Paul C. Saunders, dated 2/14/03 Re: deft Vivendi's request for leave to depart from the 25 page limit for memo of law in support of dispositive motions: denied. 5 more or 30 pages is acceptable- no more ( signed by Judge Harold Baer Jr. ); (cd)
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Filing 18
CONSOLIDATED CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). Jury Trial Demanded (djc) Modified on 01/14/2003
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Filing 17
Transcript of record of proceedings before Judge Harold Baer Jr. for the date(s) of 11/1/02. (dt)
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Filing 16
ORDER, Deadline for filing of defts answer/motion to dismiss by 2/24/03; Plntfs' Response to motion deadline 3/26/03; Defts' Reply to response to motion deadline 4/10/03 ; assuming the case continues, a fully briefed class certification motion will be submitted within 45 days following either (i) the Court's decision on any motion to dismiss or (ii) 4/10/03, if no motion to dismiss is made; that upon a request made with any fully briefed motion, oral argument will be arranged with chambers within 10 days thereafter ( signed by Judge Harold Baer Jr. ); (cd) Modified on 01/02/2003
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Deadline(s) updated: reset answer due for 2/24/03 for Jean-Marie Messier, for Vivendi (cd)
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Filing 15
Memo-Endorsement on letter addressed to Judge Baer from James S. Notis, dated 12/6/02. Re: lead counsel for plaintiffs request additional time to file their consolidated complaint and approval of the revised briefing schedule for defendants' motion to dismiss, Judge Harold Baer, Jr. is reticent to grant any time but he will grant a three week extension for service of the amended complaint to 1/7/03 , You will advise the "quibbles" and send him a new order with the timeline for each aspect covered by or before 12/20/02 . ( signed by Judge Harold Baer Jr. ); (yv)
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Filing 14
MEMO-ENDORSEMENT on Notice of withdrawal of the motion of The new Orleans Employees' Retirement System; in light of the motions filed by the competing movants for appointment as lead pltff in this action, the New Orleans Employees Retirement System hereby withdraws its Motion, filed on 9/16/02, for (i) consolidation of all Related Actions; (ii) appointment as Lead Pltff; and (iii) approval of its selection of counsel as Lead Counsel for the class. ( signed by Judge Harold Baer Jr. ); (sac)
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Filing 13
ORDER, appointing plaintiff Miami Group, plaintiff Pearson-Doniger to serve as lead plaintiff(s). That Milberg Weiss Bershad Hynes & Lerach LLP and Abbey Gardy, LLP are appointed co-lead counsel. ( signed by Judge Harold Baer Jr. ); (sac)
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Filing 12
Memo-Endorsement on letter addressed to Judge Baer from David J. Bershad, dated 10/7/02. counsel for Retirement System for General Employees of the City of Miami Beach, Oliver M. Gerard, Francois R. Gerard, Prigest S.A. and Tocqueville Finance S.A. seeks leave for each plaintiff to file a 2-3 page letter brief in response to the competing motions by October 15. October 15 is agreeable with me . ( signed by Judge Harold Baer Jr. ); (yv)
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Filing 11
NOTICE OF MOTION (FILED ON SERVICE DATE) by Rosenbaum Partners for an order, allowing Sylvia Wahba to appear pro hac vice ; Return Date not indicated. (sac)
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Filing 10
NOTICE OF MOTION (Filed on Service Date) by Rosenbaum Partners for an order, allowing the admission of Patrick J. Coughlin to appear pro hac vice ; Return Date not indicated. (sac)
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Filing 8
MEMORANDUM OF LAW by New Orleans Employees' Retirement System in support of Motion to consolidate, for appointment as lead plaintiff, and for approval of lead counsel and in opposition to competing motions. Received in the night deposit box on 10/3/02 at 7:33 p.m. (sb)
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Filing 9
ORDER, that either the plaintiffs agree to one of their number as lead plaintiff and lead counsel or, if unable to agree, submit letter briefs of no more than three pages in length to chambers by or before 10/15/02, said letters to provide information as to their choice for that role, one way or the other, the issue will be resolved on or about 1/1/02 , lead plaintiff will submit an amended consolidated complaint by or before 12/16/02 , defendants will answer or move by 1/31/03 for Jean-Marie Messier, for Vivendi , any motion will be fully briefed no later than 3/17/03 , assuming the case continues, a fully briefed class certification motion will be submitted within 45 days following either (i) the court's decision on any motion to dismiss or (ii) 3/17/03, if no motion to dismiss is made . ( signed by Judge Harold Baer Jr. ); (yv) Modified on 10/10/2002
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Filing 7
ORDER of CONSOLIDATION, consolidating cases 02 cv 5571, as lead case with 02 cv 6170, 02 cv 6500, 02 cv 5919, 02 cv 6738, 02 cv 6385, 02 cv 7371, 02 cv 6956, 02 cv 7346, 02 cv 7677, 02 cv 5571, 02 cv 5924, 02 cv 7017, 02 cv 5973, 02 cv 7098, for all purposes as further set forth in this document. The consolidated cases are to be removed from my docket ( signed by Judge Harold Baer Jr. ); (cd)
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Filing 6
AFFIDAVIT of Randi D. Bandman by Rosenbaum Partners in support of [5-1] motion for Randi D. Bandman to appear pro hac vice. (laq)
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Consolidated Lead Case. (cd)
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Filing 5
NOTICE OF MOTION by Rosenbaum Partners for Randi D. Bandman to appear pro hac vice . Return Date not indicated. (laq)
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Filing 4
AMENDED CONSOLIDATED COMPLAINT by Rosenbaum Partners (Answer due 8/29/02 for Jean-Marie Messier, for Vivendi ) amending [1-1] complaint ; Summons issued. (dle)
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Filing 3
Letter filed addressed to Gregory Mark Nespole from Anne Sherlock, Secretary to Hon. Harold Baer, Jr., dated 8/1/02, re: pre-trial conference at 3:10 p.m. on 10/3/02 (yv)
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PRETRIAL CONFERENCE set at 3:10 10/3/02 before Judge Harold Baer Jr. . (yv)
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Filing 2
RULE 1.9 CERTIFICATE filed by Rosenbaum Partners . (gmo)
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Filing 1
COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 445337. (gmo)
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Magistrate Judge Henry B. Pitman is so designated. (gmo)
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