In Re: Merrill Lynch & Co., et al v. , et al
Plaintiff: Jerry Conte, Rosalae Sasson, Robert Griffin, Glen Cummings, Larry Snyder, Sandra Blair, Ronald Blair, Lou A. Murphy, Richard Sherman, Linda Sherman, Aaron Priest, Abraham Twersky Family Trust, Jack B. McBride, John Deleo, Leonard Corwin, Roger Matthews, Susan Matthews, Dwight Corkins, Irving Gordon, Jason Silver, Jon M. Rosenbaum, James Crowdus, Sanjay Israni, Frank J. Vonder Haar, Harold DuCharme, Bernd Toennesmann, Michael M. Moore, Wayne Boyce, Ira Atlas, David Foushee, Giuseppe Coppola, Steven Wald, Turgut Ergun, Daniel R. Gerrity, Doug Seidenburg, Paul Hesano, Robert Rueben, Victor Parker, Jason Cho, Paul V. Hawkins, Fredell D. Williams, Seth B. Marks, Elisha Ciccarelli, Dean E. Hart, Stephen A. McKernan, Steven Smith, Emily J. Bernstein, James J. Walsh, Samuel B. Sinay, Lynne Helene Sinay, Rodney Myers, Robert Elan, Diane Pilgrim, Stephen Gardy, Bob Raiano, Sonakul Meejaroen, Keye Liu, Yu-Chi Liu, Thomas P. Willcutts, Joseph Falzone, Bruce Montague, Lynn B. Hughes, Neil Trama, Edward Rollins, Christophe De Reynal, Stuart M. Sabin, Eric Doebele, Matthew Wise, James Lembesis, Ruth Manton, Lewis Wilder, Bruce LiCausi, Robert Runyon, Jr., Doris Loder, Thomas McGee, Yvon Nepton, Felipe Dela Rosa, Jr., Joseph D. Brasher, Mary T. Brasher, Tom Lester, William H. Durham, M.D., Shelton Whittington, Kathryn D. Whittington, Donald T. Erwin, M.D., Mary Abell, M.D., Stogner, M.D., James G. Rea, Lee T. Scher, David A. Goodman, T. Lynn Rogers, R. Jackson Rogers, John M. Rogers, Central Illinois Anesthesia Services Ltd. Profit Sharing Plan, John D. Minnick, J.M. Thies, A.J. Zucarelli, Lisa Zucarelli, Mark Racano and Daoyou Liu
Defendant: Merrill Lynch & Co. Inc., Henry Blodget, Merrill Lynch Internet Strategies Fund, Inc., Merrill Lynch Funds Distributor, Terry K. Glenn, Donald C. Burke, Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg, Arthur Zeikel, Paul G. Meeks, Justin Baldauf, Kirsten Campbell, Virginia Syer Genereux, Sofia Ghachem, Thomas Mazzucco, Edward McCabe, Deepak Raj, Ahmass L. Fakahany, John L. Steffens, E. Stanley O'Neal, George A. Schieren, Merrill, Lynch, Pierce, Fenner & Smith Incorporated, Merrill Lynch Internet Infrastructure Holdrs/SM Trust, Master Internet Strategies Trust, Merrill Lynch Global Technology Fund, Inc., Fund Asset Management, L.P., Princeton Services, Inc., Kenneth Seymour, Donald Cecil, Roland M. Machold, Edward H. Meyer, Richard D. West, Ronald W. Forbes, Cynthia A. Montgomery, Kevin A. Ryan, Merrill Lynch Focus Twenty Fund, Inc., Merrill Lynch Asset Management, L.P., Merrill Lynch Asset Management U.K. Limited, Naveen Jain, Merrill Lynch B2B Internet Holdrs Trust, Thomas H. Patrick, Dominic A. Carone, Internet Architecture HOLDRs, ISF, FAM Distributors, Inc., Merrill Lynch Pierce Fenner & Smith Inc., Mark Kastan and Kenneth Hoexter
Petitioner: E. Powell Miller, Lowell Strate, Georgiana Strate, Joel Shenkel, Jon B. Jacobson, Banque De Gestion, Tru Nguyen, James P. Rice, Carlos Vasallo Tome, Greg Salazar, Fred Kaplan, Ronald Ventura, Fabio Aldeghi, Jerry Galrger, Vida Chu, Robert M. Hess, Hugh P. Lambert, John L. Roe Trust, Gene W. Schneider, Boyd B. Thiel, Sr., Mark Rosen, Hall Winters, R. Capital II, Ltd., Sam Haddad, Jm. Rubin Foundation, Maylin Lin, Mark L. Johnson, Regular Music, Paul Levine, Roger Jacobs, John R. Williams, Mohmoud Khouja, Mazem Khouja, Howard Schoenberger, Eric Doubele, At Home Suit Group, Inc., Gerard J. Galiger, Mark Kupeman, Steve Lazuka, Jerome Magolis, Herman Miller, William R. Nobel, Leonard Lee Vlieg, Allen M. Zielinski, Allen Nimmo, William C. Kavan, Le Dang, Nguyen Family, Harvey A. Feldman, James Carter, Anton Mariash, Conn Davis, Jack Grunwald, Sheila Hayden, Ronald J. Penna, Michael Osborn, Merrill Lynch Internet Strategies Group, Donna Dittmar Stocker, August Family Trust, Kevin Campbell, Boris Davidov, John Hamilton, George S. Kaufman, Sam M. Micalizzi, Greg Von Riesen, John A. Smith, Denise Rossi, Robert Bordeau, Ge Chen, Dennis Nelms, Cynthia M. Hanifer, Paul Manoharan, Brett Raynes, Juliet Raynes, Dr. Neil T. Moskowitz, C. Anthony Martignetti Trust, Thomas Beaver, Stephen Fiske, Myron Flugstad, Robert Nitabach, Pat Reischmann, Edith Joan Griffins, Allan R. Eisenbach, Andrew Fiske, Russell Kelley, Violeta Kelley, Kowdle Prasad, Sowmya Prasad, Lisa L. Sun, Quentin Kapke, Leonard E. Jacobs, James Tran, James Berg, Debra Berg, The Betroy Trust, Mehta Khusal, Elizabelth Knoth, Anirudda Kundu, Benda Sotomayor, Jan Noether, AFA Management Partners LP, Jeffrey Black, Scott Hecker, Sal Gambardella, Robert Adams, Satya Gupta, James Hosmer, Mark Lopez, Prena Smajlaj, Kimann Truong, Dr. Michael Schaeffer, Robert C. Greer, Jack R. Greer, Sandra DeSantis, Gregory DeSantis, Joan Davis, Nadir Baksh, Stephen Kurtzman, Amy Kurtzman, Charles W. Cha, Bruce Ungerleider, Richard Korfhage, Gary Ogasawara, Mahmoud M. Ezzeldin, Morris Liebermensch, James Phillips, Jr., Robert E. Casali, Edward Hopper, Jacob Kohanzadeh, Richard Larson, Howard Strauss, Vincent Tomei, Marie Tomei, Ghuslaine Kukulica, Stanley Dabrowski, Gary Herskovitz, Patrick Hertel, W.H. Moseley, Clark Scarboro, Jerrold Sobel, Kent Sutherland, Jana Sutherland, Keith C. Shoff, Paulo Forte, George Sbordone, Mary Sbordone, Roger Chavez, Robert Sokol, Eli Weinstein, Louis P. Schwartz, George Edelman, John Shook, David E. Richmond, Megan Trainer, D. Robin Blair, Nancy Simon, Infospace, Inc., Tammy Halstead, George Sobolew, Rae Dorin-Tanno, Michael N. Merritt, ILJ Investments, Irlys Guy, Thomas Ball, Warren G. Bullock, Bullock & Yeager, Inc., Michael P. Crossen, John R. Graham, Adi R. Guzdar, Dinshaw Adi Guzdar, Bush Helzberg, Kent Kearney, Douglas Knittle, Mick Miller, Norman Nelson, Dan Porter, Jim Sharp, Thomas Sharp and Niels Sorenson
Lead Plaintiff: John Kilgour Lentell, Arash Saffarnia, Steven Roth, Robert Shaheen, Alex Miceli, Cranshire Capital, L.P., J. Marvin Brown, Geewax Terker & Company, James Kostopoulos, Coastline Corporation, Amir Heshmatpour, Gail LeBeau, Archie Lofberg, Stephen E. Carter, Huimin Qu, John Korte, John Horoshak, William T. Sharp and Michael Schaeffer
Consolidated Plaintiff: Shubhro Sen, Mary Sen, Joan Markowitz, Dennis Fortin, Richard Guest, Jeff Gerber, Ronald L. Mierzwiak, Judith A. Mierzwiak, Herman P. Triplett, Brenda S. Triplett, Cynthia McGinnes, Charles J. Lucker, Paolo Orlandi, Ian Kideys, Dennis White, Thomas A. Beaver and Charles Woolson
Not Classified By Court: Susan Lockshine and Gary Bauer
Consolidated Defendant: Princeton Funds Distributor, Inc.
Case Number: 1:2002md01484
Filed: July 3, 2002
Court: US District Court for the Southern District of New York
Presiding Judge: John F Keenan
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 2, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2010 Opinion or Order Filing 499 AMENDED SETTLEMENT DISTRIBUTION ORDER. IT IS ORDERED AND ADJUDGED THAT; Paragraph 16 of the Settlement Distribution Order is amended such that 50% of the remaining Settlement Fund shall be distributed to the Osborne Association; 25% to Girls Learn International, 12.5% to MFY Legal Services (which provides free legal services to New Yorkers who can not afford them); and 12.5% to New York Law School. (Signed by Judge John F. Keenan on 11/2/10) (rjm)
November 1, 2010 Filing 498 CERTIFICATE OF SERVICE on November 1, 2010. Document filed by Ruth Manton. (Abrams, Jill)
November 1, 2010 Filing 497 AFFIRMATION of Jill S. Abrams in Support re: #496 MOTION to Amend/Correct Settlement Distribution Order Regarding Cy Pres Recipients.. Document filed by Ruth Manton. (Attachments: #1 Exhibit A)(Abrams, Jill)
November 1, 2010 Filing 496 MOTION to Amend/Correct Settlement Distribution Order Regarding Cy Pres Recipients. Document filed by Ruth Manton.(Abrams, Jill)
January 28, 2010 Opinion or Order Filing 495 ORDER APPROVING THE DISTRIBUTION OF SETTLEMENT PROCEEDS. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The administrative determinations of the Claims Administrator accepting and rejecting the Proof of Claims forms are hereby approved. The Claims Administrator is hereby directed to distribute the net settlement proceeds to eligible Class Member claimants in accordance with the Claims Administrator's determinations and as set forth in the Sincavage Decl. and accompanying report. The Claims Administrator is also authorized to pay to the Internal Revenue Service any and all taxes which may be due in connection with interest earned by the Settlement Fund. Lead Plaintiff, Lead Plaintiffs' counsel, Defendants, defendants' counsel, the Claims Administrator, any employees or agents of any of the foregoing, and all other persons involved in the review, verification, calculation, tabulation, or any other aspect of the processing of the Proof of Claim forms filed in this litigation, and the distribution of the net settlement proceeds in connection therewith. that has been undertaken pursuant to the Orders of this Court, are hereby released and discharged from any claims or liability by, to or from any Class Member, whether or not such Class Member receives payment from the net settlement proceeds. Relates to 02md1484, 02cv5097. (Signed by Judge John F. Keenan on 1/28/10) (rjm)
June 1, 2009 Opinion or Order Filing 494 SETTLEMENT DISTRIBUTION ORDER FINDS, CONCLUDES, ADJUDGES AND DECREES THAT this Court finds that the procedures and methods utilized in the administration of the Settlement and the review, processing, validation and calculation of claims submitted by Claimants fully complied with the notice and administration provisions and the plans of allocation set forth in the Settlement Notice and as approved by this Court. The current request of Analytics for payment of its fees and expenses incurred and expected to be incurred in the administration of the Settlement of $308,231.28 is in accord with the Order awarding plaintiffs' counsels' fees, costs and expenses and is approved. Class Counsel is directed to pay such amount to Analytics from the Settlement Fund. Payment in the manner set forth above will be deemed conclusive against all Claimants as set forth in this order. (Signed by Judge John F. Keenan on 6/1/2009) (jmi)
May 14, 2009 Filing 493 LEAD PLAINTIFFS' SUPPLEMENTAL SUBMISSION in Support re: 481 MOTION for Distribution of Settlement Proceeds. Relates to All Actions on Schedule 1. (rjm)
May 7, 2009 Filing 492 EXHIBITS TO AFFIDAVIT OF RICHARD W. SIMMONS IN SUPPORT OF MOTION FOR CLASS DISTRIBUTION ORDER. VOLUME VIII. (rjm)
May 7, 2009 Filing 491 EXHIBITS TO AFFIDAVIT OF RICHARD W. SIMMONS IN SUPPORT OF MOTION FOR CLASS DISTRIBUTION ORDER. VOLUME VII. (rjm)
May 7, 2009 Filing 490 EXHIBITS TO AFFIDAVIT OF RICHARD W. SIMMONS IN SUPPORT OF MOTION FOR CLASS DISTRIBUTION ORDER. VOLUME VI. (rjm)
May 7, 2009 Filing 489 EXHIBITS TO AFFIDAVIT OF RICHARD W. SIMMONS IN SUPPORT OF MOTION FOR CLASS DISTRIBUTION ORDER. VOLUME V.(rjm)
May 7, 2009 Filing 488 EXHIBITS TO AFFIDAVIT OF RICHARD W. SIMMONS IN SUPPORT OF MOTION FOR CLASS DISTRIBUTION ORDER. VOLUME IV. (rjm)
May 7, 2009 Filing 487 EXHIBITS TO AFFIDAVIT OF RICHARD W. SIMMONS IN SUPPORT OF MOTION FOR CLASS DISTRIBUTION ORDER. VOLUME III.(rjm)
May 7, 2009 Filing 486 EXHIBITS TO AFFIDAVIT OF RICHARD W. SIMMONS IN SUPPORT OF MOTION FOR CLASS DISTRIBUTION ORDER. VOLUME II.(rjm)
May 7, 2009 Filing 485 EXHIBITS TO AFFIDAVIT OF RICHARD W. SIMMONS IN SUPPORT OF MOTION FOR CLASS DISTRIBUTION ORDER. VOLUME I.(rjm)
May 4, 2009 Opinion or Order Filing 484 ORDER. Lead Plaintiffs by their counsel have moved for an order approving the distribution of the settlement proceeds in this case. In their memorandum of law in support of the motion, Lead Plaintiffs acknowledge that thirteen Authorized Claimants, with sixteen district claims, dispute the calculation of their Recognized Losses. (Lead Pls. Mem. In Supp. Of Motion for Distribution of Settlement Proceeds 8.) Lead Plaintiffs further acknowledge that ten Claimants dispute their exclusion from participation in the settlement. (Id. At 9.) Lead Plaintiffs are instructed to explain why their determination of these disputed claims is correct. This order does not apply to the disputed claims of Robert J. Welch and Albert King, since Lead Plaintiffs have already addressed these in detail. (Id. At 8 n.4.). (Signed by Judge John F. Keenan on 4/30/09) (rjm)
April 22, 2009 Filing 483 AFFIDAVIT of Richard W. Simmons in Support re: 481 MOTION for Disbursement of Funds. Relates to All Actions on Schedule 1. Document filed by Internet Architecture HOLDRs. (rjm)
April 22, 2009 Filing 482 LEAD PLAINTIFFS' MEMORANDUM OF LAW in Support re: 481 MOTION for Disbursement of Funds. Relates to All Actions on Schedule 1. Document filed by Internet Architecture HOLDRs. (rjm)
April 22, 2009 Filing 481 LEAD PLAINTIFFS' NOTICE OF MOTION for DISTRIBUTION OF SETTLEMENT PROCEEDS. Document filed by Internet Architecture HOLDRs. Relates to All Actions on Schedule 1.(rjm)
November 26, 2008 Filing 480 NOTICE OF CHANGE OF ADDRESS by Catherine A. Torell, Joshua Seth Devore, Herbert E. Milstein on behalf of Richard Sherman, Linda Sherman, Aaron Priest, Abraham Twersky Family Trust, Jack B. McBride, John Deleo, John Kilgour Lentell, Stephen E. Carter, Leonard Corwin, Roger Matthews, Susan Matthews, Huimin Qu, Dwight Corkins, Irving Gordon, John Korte, Jason Silver, Jon M. Rosenbaum, James Crowdus, Sanjay Israni, Frank J. Vonder Haar, John Horoshak, Harold DuCharme, Bernd Toennesmann, Central Illinois Anesthesia Services Ltd. Profit Sharing Plan, Michael M. Moore, John D. Minnick, William T. Sharp, Wayne Boyce, Jerry Conte, J.M. Thies, Fred Kaplan, George Sobolew, A.J. Zucarelli, Lisa Zucarelli, Ira Atlas, Arash Saffarnia, David Foushee, Steven Roth, Bruce LiCausi, Robert Runyon, Jr., Robert Shaheen, Giuseppe Coppola, Alex Miceli, Cranshire Capital, L.P., J. Marvin Brown, Doris Loder, Thomas McGee, Yvon Nepton, Steven Wald, Geewax Terker & Company, James Kostopoulos, Coastline Corporation, Amir Heshmatpour, Gail LeBeau, Felipe Dela Rosa, Jr., Joseph D. Brasher, Mary T. Brasher, Tom Lester, Turgut Ergun, William H. Durham, M.D., Shelton Whittington, Kathryn D. Whittington, Donald T. Erwin, M.D., Mary Abell, M.D., Stogner, M.D., Daniel R. Gerrity, Michael Schaeffer, Mark Racano, Daoyou Liu, Doug Seidenburg, Archie Lofberg, James G. Rea, Lee T. Scher, David A. Goodman, Paul Hesano, Robert Rueben, Victor Parker, Rosalae Sasson, Victor Parker(as Trustee of Joseph P. Pajewski Living Trust Dated 11/26/97), Jason Cho, Paul V. Hawkins, Fredell D. Williams, Seth B. Marks, Elisha Ciccarelli, Dean E. Hart, Stephen A. McKernan, Steven Smith, Emily J. Bernstein, Robert Griffin, Emily J. Bernstein(as Trustee), James J. Walsh, Samuel B. Sinay, Lynne Helene Sinay, Rodney Myers, Robert Elan, Diane Pilgrim, Bob Raiano, Sonakul Meejaroen, Glen Cummings, Keye Liu, T. Lynn Rogers, R. Jackson Rogers, John M. Rogers, Yu-Chi Liu, Thomas P. Willcutts, Joseph Falzone, Bruce Montague, Lynn B. Hughes, Neil Trama, Edward Rollins, Christophe De Reynal, Stuart M. Sabin, Larry Snyder, Eric Doebele, Matthew Wise, James Lembesis, Ruth Manton, Lewis Wilder, Sandra Blair, Ronald Blair, Lou A. Murphy. New Address: Cohen, Milstein, Sellers & Toll, PLLC, 150 East 52nd Street, 30th Floor, New York, New York, 10022, (212) 838-7797. (jmi)
October 14, 2008 Opinion or Order Filing 479 ORDER APPROVING SETTLEMENT ADMINISTRATION RELIEF. The Court hereby approves the content of the additional letter/notice submitted herein and authorizes the mailing thereof to certain members of the Internet Architecture HOLDRs Trust settlement class, Internet Infrastructure HOLDRs Trust settlement class, Internet HOLDRs Trust settlement class, Internet HOLDRs Trust settlement class, and B2B Internet HOLDRs Trust settlement class... and as further set forth regarding the procedures to be followed that shall govern the handling of this order approving settlement administration relief. This document relates to All Actions. (Signed by Judge John F. Keenan on 10/14/08) (rjm)
October 3, 2008 Filing 478 MEMORANDUM OF LAW in Support re: 477 MOTION for Settlement Administration Relief. Relates to All Actions. (rjm)
October 3, 2008 Filing 477 Notice of Unopposed MOTION by Settlement Class Representatives for Settlement Administration Relief. This Document relates to All Actions. Document filed by Stephen Fiske, Myron Flugstad, Robert Nitabach, Pat Reischmann, Edith Joan Griffins, Stephen Kurtzman, Amy Kurtzman, Charles W. Cha, Paolo Orlandi, Bruce Ungerleider, Richard Korfhage, Gary Ogasawara, Mahmoud M. Ezzeldin, Morris Liebermensch, Eli Weinstein, Dennis White, Eli Weinstein, Richard Guest, Jeff Gerber, Steven Roth, Bruce LiCausi, Robert Runyon, Jr., Robert Shaheen, Herman P. Triplett, Brenda S. Triplett, Daniel R. Gerrity, Michael Schaeffer, Mark Racano, Daoyou Liu, Seth B. Marks, Robert Elan, Joseph Falzone.(rjm)
July 21, 2008 Opinion or Order Filing 476 ORDER that pursuant to the Court's Opinion and Order, dated 6/27/08, Defendant has filed its Motion to Dismiss the Complaint with prejudice. The response from a proposed Plaintiff is due no later than 8/18/08. Defendant's reply, if any, is due no later than 9/2/08. This Document relates to 02md1484 and 02cv8472. (Signed by Judge John F. Keenan on 7/21/08) (rjm)
June 23, 2008 Opinion or Order Filing 475 SETTLEMENT DISTRIBUTION ORDER... that the current request of The Garden City Group, Inc. ("GCG") for payment of its fees and expenses incurred and expected to be incurred in administration of the Settlement of $1,548,870.82 is in accord with the Order Awarding Plaintiffs' Counsels' Fees, Costs and Expenses and is approved. Class Counsel is directed to pay such amount to GCG from the Settlement Fund. The current request of Wolf Haldenstein for fees in the amount of $39,922 and expenses in the amount of $1,105.48 relating to administration of the Settlement is approved. Class Counsel is directed to pay such amount to plaintiffs' counsel from the Settlement Fund... and as further set forth regarding the procedures to be followed that shall govern the handling of this Settlement Distribution Order. This Document relates to 02md1484, 02-3176, 02-7854, 02-10221. (Signed by Judge John F. Keenan on 6/23/08) (rjm)
June 9, 2008 Filing 474 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated June 4, 2008, Vales motion to amend is denied and the complaint is dismissed in its entirety; accordingly, the case is closed (02 CV 9690 (JFK)). (Signed by J. Michael McMahon, clerk on 6/9/08) (Attachments: #1 notice of right to appeal)(ml)
June 6, 2008 ***DELETED DOCUMENT. Deleted document number #474 Opinion & Order. The document is a duplicate of docket entry #473. (rjm)
June 4, 2008 Filing 473 MEMORANDUM AND OPINION # 96110... that Vale's motion to amend is DENIED and the Complaint is dismissed in its entirety with prejudice. The Clerk of the Court is respectfully directed to close this case and remove it from the docket of the Court. This Document relates to 02md1484 and 02cv9690. (Signed by Judge John F. Keenan on 6/4/08) (rjm)
May 8, 2008 Opinion or Order Filing 472 MEMORANDUM OPINION AND ORDER # 96047... The Complaint is dismissed in its entirety with prejudice. The Clerk of the Court is respectfully directed to close this case. This document relates to 02md1484 and 07cv6677. (Signed by Judge John F. Keenan on 5/8/08) (rjm)
March 17, 2008 Opinion or Order Filing 471 ORDER. The Court's Order in the captioned case, dated 12/20/07, shall be amended as follows. On the bottom of page seven and top of page eight, the order shall be amended to read: "Specifically, the Second Circuit affirmed the dismissal of securities fraud claims in two cases, on the grounds that the action was barred by the statute of limitations, see Shah v Meeker, 435 F. 3d 244 (2d Cir. 2006) ("Morgan Stanley") and lack of sufficient pleading of scienter, see Albert Fadem Trust v Citigroup, Inc., No. 4-5642 cv, 2006 US App. LEXIS 2997 (2d Cir. 2/6/06) ("Citigroup")." This Document relates to 02md1484, 02-5097. (Signed by Judge John F. Keenan on 1/2/08) (rjm)
February 26, 2008 Filing 470 NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(2) of the F.R.C.P. Plaintiff William A. Cleary hereby voluntarily dismisses the captioned action without prejudice. This Document relates to 02md1484 and 02-8473. (Signed by Judge John F. Keenan on 2/26/08) (rjm)
January 11, 2008 Opinion or Order Filing 469 ORDER. Lead plaintiff's counsel is hereby awarded 15% of the Settlement Amount in accordance with Rules 23(h) and 52(a) of the FRCP. The Court finds this award to be fair and reasonable for the reasons set forth in the Court's 12/19/07 Opinion and Order, as amended. Lead Plaintiff's counsel is also hereby awarded $78,653.43 in reimbursement of the costs and expenses they incurred in prosecuting this litigation, which the Court also finds to be fair and reasonable for the reasons set forth in the Court's 12/19/07 opinion and Order, as amended. These amounts are to be paid pursuant to the procedure set forth in the parties' settlement Stipulation. The award of attorneys' fees shall be allocated to such other counsel, including liaison counsel Wolf Popper LLP, in a fashion which, in the opinion and sole discretion of Lead Counsel, Berger & Montague, P.C., fairly compensates such other counsel for their respective contributions to the prosecution and settlement of this Action. This Document relates to 02md1484 and 02cv5097. (Signed by Judge John F. Keenan on 2/11/08) (rjm)
December 20, 2007 Opinion or Order Filing 468 MEMORANDUM OPINION AND ORDER # 95540 that the Court grants certification to the settlement classes and approves the Settlement and Plan of Allocation as fair and reasonable. Plaintiffs' remaining claims are dismissed with prejudice. Counsel are awarded attorneys' fees in the amount of 15% of the Settlement Fund and reimbursement of costs and expenses in the amount of $78,653.43. The Court will enter an Order and Final Judgment, to be submitted by counsel, confirming and finalizing its approval of the Settlement and its award of fees and reimbursement of expenses consistent with all of the proceedings in this case and this Opinion and Order. Attorneys' fees and expenses are to be administered pursuant to the terms of the Order and Final Judgment. This Document relates to 02md1484 and 02cv5097. (Signed by Judge John F. Keenan on 12/19/07) (rjm).
September 19, 2007 Opinion or Order Filing 467 ORDER AND FINAL JUDGMENT settling action as to all actions listed in Schedule 1 of this judgment. (Signed by Judge John F. Keenan on 9/18/07) (ml)
September 19, 2007 Opinion or Order Filing 466 [PROPOSED] ORDER AWARDING ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES. The Court has jurisdiction over the subject matter of the Actions, Lead Plaintiffs, all Class Members and the Defendants... The Co-Chairs of Plaintiffs' Executive Committee and Plaintiffs' Liaison Counsel, Cohen, Milstein, Hausfeld & Toll, PLLC; Shapiro Haber & Urmy LLP; Murray, Frank & Sailer LLP; and Kaplan Fox & Kilsheimer LLP are hereby awarded fees of 24% of the Settlement Fund, valued as of 6/15/07 at $133,310,871.08, plus interest accruing thereon at the same rate as earned on the Settlement Fund, until paid. The award of 24% of the Settlement Fund $31,994,609.06 plus interest accruing thereon at the same rate as earned on the Settlement Fund, is reasonable and appropriate. The Co-Chairs are hereby also awarded $1,376,255.97 as reimbursement of their out of pocket expenses... and as further set forth in said order. This Document relates to All Actions on Schedule 1. (Signed by Judge John F. Keenan on 9/18/07) (rjm)
September 18, 2007 Opinion or Order Filing 465 MEMORANDUM OPINION AND ORDER #95203... that Plaintiff's motion to join, or in the alternative, substitute the Trustee as named plaintiff is denied. Dabit's claims, as asserted individually, are dismissed, because he no longer has standing. The Court will retain jurisdiction of this putative class action, however, in order to permit one or more absentee class members to file a motion for intervention. Absentee class members shall have ninety (90) days from the entry of this Order to move for intervention as the new named plaintiff(s) in this action. This Document relates to 02MD1484 and 02cv8472. (Signed by Judge John F. Keenan on 9/18/07) (rjm)
September 5, 2007 Opinion or Order Filing 463 OPINION AND ORDER NO. 95140: the Court grants certification to the settlement classes and approves the Settlement and Plan of Allocation as fair and reasonable. Plaintiffs' remaining claims are dismissed with prejudice. Counsel are awarded attorneys' fees in the amount of 24% of the Settlement Fund and reimbursement of costs and expenses in the amount of $1,376,255.97. The Court will enter an Order and Final Judgment, to be submitted by counsel, confirming and finalizing its approval of the Settlement and its award of fees and expenses consistent with all of the proceedings in this case and this Opinion and Order. Attorneys' fees and expenses are to be administered pursuant to the terms of the Order and Final judgment. (Signed by Judge John F. Keenan on 9/5/2007) (kkc) Modified on 9/11/2007 (Miranda, Robert).
August 31, 2007 Opinion or Order Filing 464 [PROPOSED] FURTHER AMENDMENT TO AMENDED PRELIMINARY ORDER IN CONNECTION WITH SETTLEMENT PROCEEDINGS. The Amended Preliminary Order in Connection with Settlement Proceedings entered on 3/19/07 is hereby further amended as follows: The claim submission deadline in paragraph 14(a) is hereby extended from 8/31/07 to 10/31/07 only for the persons and entities whose names were submitted to Analytics, Inc. on behalf of Etrade/Brown Co. on or about 7/31/07. Lead Counsel is authorized to communicate that this extension has been granted to the affected persons and entities. This Document relates to All Actions on Schedule 1. (Signed by Judge John F. Keenan on 8/31/07) (rjm)
August 23, 2007 Filing 462 AFFIDAVIT OF SERVICE of Proposed Further Amendment to Amended Preliminary Order, served on the law firms as indicated on the service list on 8/23/2007. Service was made by Mail. (kkc)
August 23, 2007 Filing 460 Conpendium of Unreported Cases. Document filed by Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (tro)
August 23, 2007 Filing 459 MEMORANDUM OF LAW in Opposition to Plaintiff's Motion to Join, or in the alternative, substitute the Bankruptcy trustee as plaintiff. Document filed by Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (tro)
August 23, 2007 Filing 458 DECLARATION of Scott D. Musoff in Opposition to Plaintiff's Motion to Join or in the alternative substitute trustee as plaintiff upon transfer of interest. Document filed by Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (tro)
August 9, 2007 Filing 461 COMPENDIUM of Lead Counsel's Time Reports. This document relates to all actions. (kkc)
August 7, 2007 Filing 457 Compendium of Lead Counsel Firm Resumes. This Document relates to All Actions. (rjm)
August 1, 2007 Filing 456 TRANSCRIPT of proceedings held on 7/25/07 before Judge John F. Keenan. (jbe)
July 23, 2007 Filing 455 SUPPLEMENTAL MEMORANDUM OF LAW in Response to Additional Objections. Document filed by the Excite@home, Internet Architecture HOLDRs and Internet Infrastructure HOLDRs Classes, etal. This Document relates to All Actions. (rjm)
July 23, 2007 Filing 454 DECLARATION of Christine M. Fox in Support re: 453 Response to withdrawn Objection. Document filed by the Excite@home, Internet Architecture HOLDRs and Internet Infrastructure HOLDRs Classes. This Document relates to All Actions. (rjm)
July 23, 2007 Filing 453 RESPONSE to withdrawn Objection. Document filed by the Excite@home, Internet Architecture HOLDRs and Internet Infrastructure HOLDRs Classes. This Document relates to All Actions. (rjm)
July 20, 2007 Filing 452 NOTICE of Withdrawal of Objections. Document filed by Susan Lockshine, Gary Bauer. (Siegel, Edward)
July 13, 2007 Filing 451 CORRECTED COPY OF MEMORANDUM OF LAW in Support of Joint Petition for Award of Attorneys' Fees and Reimbursement of Litigation Expenses. This Document relates to All of the Actions on Schedule 1. (rjm)
July 13, 2007 Filing 450 CORRECTED COPY OF DECLARATION of Marc I. Gross filed on behalf of Pomerantz Haudek Block Grossman & Gross LLP in Support of Application for Award of Attorneys' Fees and Reimbursement of Expenses. This Document relates to All Actions. (rjm)
July 10, 2007 Filing 449 MOTION for Leave to File Objections. Document filed by Susan Lockshine, Gary Bauer. (Attachments: #1 Exhibit Objections)(Siegel, Edward)
June 29, 2007 Filing 448 JOINT DECLARATION of Frederick S. Fox, Edward F. Haber, Herbert E. Milstein, and Jacqueline Sailer in Support of Ptffs' Motion for (i) Approval of Proposed Settlement; (ii) Approval of Allocation of Settlement; and (iii) An Award of Attorneys' Fees and Reimbursement of Expenses. This Document relates to All Actions. (rjm)
June 29, 2007 Filing 447 AFFIDAVIT of Richard W. Simmons of Analytics, Inc. Re: (A) Mailing of Settlement Notice and Claim Form; (B) Publication of Summary Notice; and (C) Report of Exclusion Requests Received. This Document relates to All Actions. (rjm)
June 29, 2007 Filing 446 MEMORANDUM OF LAW in Support of Joint Petition for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses. This Document relates to All Actions on Schedule 1. (rjm)
June 29, 2007 Filing 445 LEAD PLAINTIFFS' MEMORANDUM OF LAW in Support of Final Approval of Proposed Class Action Settlement, Allocation among cases, and plan of allocation. This Document relates to All Actions on Schedule 1. (rjm)
June 25, 2007 Filing 444 PRELIMINARY OBJECTIONS. Now comes Susan E. Lockshine a class member herein and files these preliminary objections to the proposed class action settlement. The Objector hereby objects to the statement in the Notice that counsel will request a fee of 30% of the Settlement funds. The undersigned believe that such amount is excessive, but reserve the right to file more detailed objections after receipt and review of the fee petition which, as of the date of filing of these preliminary objections, has not yet been filed by class counsel. (rjm)
June 13, 2007 Opinion or Order Filing 443 ORDER. The fairness hearing is rescheduled from 7/18/07 to 7/25/07 at 10:00am. This hearing will not be adjourned except by order of the Court. Mr. Fox is directed to notify all parties of this order. (Signed by Judge John F. Keenan on 6/12/07) (rjm)
May 25, 2007 Opinion or Order Filing 442 [PROPOSED] FURTHER AMENDMENT TO AMENDED PRELIMINARY ORDER IN CONNECTION WITH SETTLEMENT PROCEEDINGS that the Amended Preliminary Order in connection with Settlement Proceedings entered by the Court on 3/19/07 is hereby further amended as follows. The exclusion deadline in paragraph 15 is hereby extended from 5/18/07 to 6/18/07. The objection deadline in paragraph 17 is hereby extended from 5/18/07 to 6/18/07. The Court approves the form and substance of the Deadline Extension Insert annexed hereto as Exhibit A. Plaintiffs are authorized to include the Deadline Extension Insert with any Notices and Claim Forms mailed after the date of this order. Mailing of any additional Notices and Claim Forms should be effected as soon as reasonably practicable. (Signed by Judge John F. Keenan on 5/24/07). This Document relates to All Actions on Schedule 1. (rjm)
May 17, 2007 Filing 441 LETTER addressed to Ladies and Gentlemen of the USDC, SDNY from Wayne Schneider dated 5/16/07 re: The New York State Teachers' Retirement System's objection to class counsel's proposed fee request of up to 30% of the $125 million settlement fund... Exhibits A through L attached.(rjm)
May 7, 2007 Opinion or Order Filing 440 ORDER. On 1/23/07, the Court issued a Preliminary Order in connection with Settlement Proceedings, relating to all actions listed on Schedule 1. That Order is hereby amended as follows. The action 02cv8473, is re-instated. The actions 02cv9940, and 03cv0642, remain dismissed but the dismissals are without prejudice. This Document relates to All Actions on Schedule 1. (Signed by Judge John F. Keenan on 5/4/07) (rjm)
April 16, 2007 Filing 439 ENDORSED LETTER addressed to Judge John F. Keenan from Frederic S. Fox dated 4/12/07 re: Request for an extension of time is granted. Plaintiffs shall submit time reports no later than 4/23/07. (Signed by Judge John F. Keenan on 4/16/07) (rjm)
March 19, 2007 Opinion or Order Filing 437 [PROPOSED] AMENDED PRELIMINARY ORDER IN CONNECTION WITH SETTLEMENT PROCEEDINGS... Regarding the procedures to be followed that shall govern the handling of Settlement Proceedings. This Document relates to all actions on Schedule 1. (Signed by Judge John F. Keenan on 3/19/07) (rjm)
March 16, 2007 Filing 435 TRANSCRIPT of proceedings held on 11/28/2006 at 10:30 a.m. before Judge John F. Keenan. (mbe)
February 5, 2007 ***Case Reopened. Case was closed in error.*** (mj)
February 5, 2007 Opinion or Order Filing 431 ORDER AND FINAL JUDGMENT settling action. (Signed by Judge John F. Keenan on 2/5/07) (ml)
February 1, 2007 Opinion or Order Filing 430 MEMORANDUM OPINION AND ORDER # 94225 that the Court grants class certification to the settling plaintiffs, approves the settlement plan of allocation, awards attorneys' fees in the amount of 22.5% of the settlement fund, awards reimbursement of litigation expenses to counsel, and denies lead plaintiff's request for an award. (Signed by Judge John F. Keenan on 1/31/07). This Document relates to 02-3176, 02-7854 and 02-10021.(rjm)
January 29, 2007 Filing 434 LEAD PTFFS' MEMORANDUM OF LAW in Support of Final Approval of Proposed Class Action Settlement and Plan of Allocation. This Document relates to 02-3176, 02-7854 and 02-10221. (rjm)
January 29, 2007 Filing 433 JOINT DECLARATION of Jeffrey G. Smith and Jill S. Abrams in Support of Approval of Proposed Settlement and Plan of Allocation and the Joint Petition for an award of Attorneys' Fees and Reimbursement of Litigation Expenses. This Document relates to 02-3176, 02-7854 and 02-10221. (rjm)
January 29, 2007 Filing 432 MEMORANDUM OF LAW in Support of Joint Petition for an award of Attorneys' Fees and Reimbursement of Litigation Expenses. This Document relates to 02-3176, 02-7854 and 02-10221. (rjm)
January 23, 2007 Opinion or Order Filing 429 PRELIMINARY ORDER IN CONNECTION WITH SETTLEMENT PROCEEDINGS... Settlement Fairness Hearing set for 7/18/2007 11:00 AM before Judge John F. Keenan... and as further set forth regarding the procedures to be followed that shall govern the handling of the Settlement Proceedings. This Document relates to All Actions on Schedule 1. (Signed by Judge John F. Keenan on 1/22/07) (rjm)
January 17, 2007 Filing 436 EXHIBIT of STIPULATION AND AGREEMENT OF SETTLEMENT signed by attorneys Jay B. Kasner, Marc B. Dorfman, Andrew W. Stern, Herbert E. Milstein, Edward F. Haber, Jacqueline Sailer, Frederick S. Fox, with listing of attached Exhibits; Exhibit A Preliminary Order in Connection with Settlement Proceedings. Exhibit A-1 Notice of Pendency and Proposed Settlement of Class Actions. Exhibit A-2 Proof of Claim and Release. Exhibit A-3 Summary Notice of Proposed Class Action Settlement and Hearing Thereon. Exhibit B [Proposed] Order and Final Judgment. This Document relates to all of the actions on Schedule 1. (rjm).
January 11, 2007 Filing 438 AFFIDAVIT of Cerline Mellowes. Document filed by Fabio Aldeghi. (tro)
January 5, 2007 Filing 427 TRANSCRIPT of proceedings held on 11/28/06 before Judge John F. Keenan. (tro, )
January 3, 2007 Filing 428 AFFIDAVIT of Jose C. Fraga regarding the Mailings of the Notice and Proof of Claim. This Document relates to 02-3176, 02-7854, 02-10221. (rjm, )
December 1, 2006 Filing 426 LEAD PLAINTIFFS' MEMORANDUM OF LAW IN RESPONSE to Fund Adviser Deft's Opposition to Lead Plaintiff Manton's Request for a Separate Award. This Document relates to 02-3176, 02-7854 & 02-10221. (rjm, )
November 28, 2006 Filing 425 AFFIRMATION of Ruth Manton in Response to Fund Adviser's Opposition to Lead Plaintiff Manton's Request for a separate award. Document filed by Ruth Manton. This Document relates to 02-3176, 02-7854 and 02-10221. (rjm, )
November 15, 2006 Filing 424 ENDORSED LETTER addressed to Judge John F. Keenan from Jeffrey G. Smith dated 11/14/06 re: Plaintiffs' granted request that the page limit for the memorandum of law in support of joint petition for an award of attorneys' fees and reimbursement of expenses be expanded to thirty five pages. This Document relates to 02-10221, 02-7854, 02-3176. (Signed by Judge John F. Keenan on 11/14/06) (rjm, )
November 7, 2006 Filing 423 Objection to Settlement filed by Frank J. Quinn (Pro Se). (db, )
October 30, 2006 Filing 422 Objection to the Proposed Class Action Settlement. This document relates to 02cv3176, 02cv7854, 02cv10221. Document filed by Daniel Harris. (kkc, )
October 24, 2006 Filing 421 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 316 Notice of Appeal,,, 349 Notice of Appeal, USCA Case Number 03-7978-cv and 03-9286. Stipulation of withdrawal from active consideration. Roseann B. MacKechnie, Clerk USCA. Certified: 10/20/2006. (nd, )
September 25, 2006 Opinion or Order Filing 420 PRELIMINARY ORDER IN CONNECTION WITH SETTLEMENT PROCEEDINGS... that purs. to Rule 23(a) and (b)(3) of the FRCP and for the purposes of the Settlement only, the above captioned ISF, Global Technology Fund and Focus Twenty Fund Actions are hereby preliminarily certified as class actions on behalf of the ISF Class, Global Technology Fund Class and Focus Twenty Fund Class. The "Classes" include the Class Members collectively as well as each Class Member acting individually. Excluded from the Classes are any putative Class Members who exclude themselves by filing a valid request for exclusion... and as further set forth regarding the procedures to be followed that shall govern the handling of the preliminary order in connection with settlement proceedings. This Document relates to 02-3176, 02-7854 and 02-10221. (Signed by Judge John F. Keenan on 9/25/06) (rjm, )
September 25, 2006 Opinion or Order Filing 419 ORDER DIRECTING MERRILL LYNCH PIERCE FENNER & SMITH INC. ("MLPF&S") TO RELEASE TO THE GARDEN CITY GROUP ALL RECORDS OF PURCHASES OF CLASS SHARES FROM A MLPF&S BROKER FOR CLASS MEMBERS WITH CURRENT ACCOUNTS AT MLPF&S... that MLPF&S disclose to the Garden City Group, who will enter into an appropriate confidentiality agreement, the records required to calculate the compensable loss suffered by Class Members who purchased Class Shares from a MLPF&S broker and who still maintain their account at MLPF&S in order to complete the Notices of Recognized Loss and Release. This Document relates to 02-3176, 02-7854 and 02-10221. (Signed by Judge John F. Keenan on 9/25/06) (rjm, )
July 31, 2006 Filing 418 NOTICE OF APPEARANCE by Andrew J. Levander on behalf of Merrill Lynch Global Technology Fund, Inc. (rjm, )
July 27, 2006 Filing 417 NOTICE OF APPEARANCE by William Kennedy Dodds on behalf of Merrill Lynch Global Technology Fund, Inc. (rjm, )
July 13, 2006 Opinion or Order Filing 416 ORDER. The conference scheduled for 7/17/06 is adjourned to 7/18/06, 11:00am. Plaintiffs with scheduling conflicts, if any, are directed to contact Chambers by telephone at (212) 805-0220. This document relates to 02-5097, 02-8471, 02-8473, 02-8474, 02-9489, 02-9494, 02-9690, 02-9940, 03--291, 03-0451, 03-0640, 03-0641, 03-0642, 03-0834, 03-1281, 03-5574, 03-6463, 03-8934. (Signed by Judge John F. Keenan on 7/12/06) (rjm, )
July 7, 2006 Opinion or Order Filing 415 ORDER. The Court has scheduled conferences in the matters for July 17, 2006, 11:00am in Crtrm. 20C, 500 Pearl Street, NY NY 10007. Plaintiffs are directed to notify their adversaries. This Document relates to 02-5097, 02-8471, 02-8473, 02-8474, 02-9489, 02-9494, 02-9690, 02-9940, 03-0291, 03-0451, 03-0640, 03-0641, 03-0642, 03-0834, 03-1281, 03-5574, 03-6463, 03-8934. (Signed by Judge John F. Keenan on 7/6/06) (rjm, )
April 25, 2006 Opinion or Order Filing 414 ORDER. Plaintiffs in the captioned matters are directed to submit courtesy copies of their complaints to the Court's Chambers at the US Courthouse, 500 Pearl Street, Room 1930, NY NY 10007, no later than the close of business on May 5, 2006. This Document relates to 02-5097, 02-8471, 02-8473, 02-8474, 02-9489, 02-9494, 02-9690, 02-9940, 03-0291, 03-0451, 03-0640, 03-0641, 03-0642, 03-0834, 03-1281, 03-5574, 03-6463, and 03-8934. (Signed by Judge John F. Keenan on 4/24/06) (rjm, )
October 5, 2005 Transmission of USCA Mandate/Order to the District Judge re: 413 USCA Order,,. (nd, )
October 4, 2005 Filing 413 TRUE COPY ORDER of USCA as to 392 Amended Notice of Appeal, filed by Richard Sherman,, Linda Sherman,, Ruth Manton,, Ronald L. Mierzwiak,, Judith A. Mierzwiak,, 390 Amended Notice of Appeal filed by George Sobolew,, 316 Notice of Appeal,,, 349 Notice of Appeal,, 315 Notice of Appeal,,, USCA Case Number 03-7948, 04-0679, 04-0680, 04-0681, 04-0682, 04-0683, 04-0684, 04-0685, 04-0686, 04-0802. IT IS HEREBY ORDERED that the motion to stay of certain appeals is GRANTED. Roseann B. MacKechnie, Clerk USCA. Certified: 3/22/04. (nd, )
September 9, 2005 Filing 412 Costs Taxed as to 408 USCA Mandate USCA Case Number 03-7948-cv. in the amount of $8473.94. Docketed as Judgment #05,1765 on 9/14/2005 in favor of Def. Merril Lynch & Co. against Plaintiffs John Kilgour Lentell, Brett Raynes and Juliet Raynes. (nd, )
September 9, 2005 Appeal Record Returned. Indexed record on Appeal Files for 392 Amended Notice of Appeal, filed by Richard Sherman,, Linda Sherman,, Ruth Manton,, Ronald L. Mierzwiak,, Judith A. Mierzwiak,, Amended Notice of Appeal, filed by Cranshire Capital, L.P.,, Amended Notice of Appeal, filed by Robert Shaheen,, Amended Notice of Appeal, filed by Dennis Fortin,, Amended Notice of Appeal, filed by Stephen E. Carter, USCA Case Number 03-7948, returned from the U.S. Court of Appeals. (nd, )
May 6, 2005 Filing 411 PLAINTIFFS' SUPPLEMENTAL MEMORANDUM regarding the impact of Lentell v. Merrill Lynch & Co. and Dura Pharmaceuticals Inc. v. Bruodo. This document relates to 02cv3042, 02cv3050, 02cv3429, 02cv6914. Document filed by Plaintiffs' Executive Committee.(kkc, )
May 6, 2005 Filing 410 SUPPLEMENTAL BRIEF in support of motions to dismiss consolidated amended class action complaint. This document relates to 02cv3042, 02cv3050, 02cv3429, 02cv6914. Document filed by Henry Blodget. (kkc, )
May 6, 2005 Filing 409 SUPPLEMENTAL MEMORANDUM OF LAW in Further Support of MOTION to Dismiss the Aether Complaint, and in further opposition to plaintiffs' motions for leave to amend. This document relates to 02cv3429, 02cv3042, 02cv6914, 02cv3050. Document filed by Merrill Lynch & Co. Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (kkc, )
April 12, 2005 Filing 408 MANDATE of USCA (Certified Copy) as to 315 Notice of Appeal,,, USCA Case Number 03-7948. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 4/7/05. (rjm, )
March 24, 2005 Opinion or Order Filing 407 ORDER. "I direct the parties to file supplemental briefs addressing the impact of the Second Circuit's decision in Lentell on the resolution of their respective motions. Brief due by 5/6/2005. The parties shall provide my Chambers w/courtesy copies of their briefs, as well as courtesy copies of the original motion papers for each motion." This Order relates to 02-3042, 02-3050, 02-3429 & 02-6914. (Signed by Judge John F. Keenan on 3/24/05) (rjm, )
October 14, 2004 Filing 406 CERTIFIED TRUE COPY OF MDL ORDER REASSIGNING ACTION...that the action is reassigned to the Honorable John F. Keenan, for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. (Signed by MDL Panel on 10/6/04) (rjm, )
October 7, 2004 Mailed notice to the attorney(s) of record. (gf, )
October 5, 2004 Filing 405 NOTICE OF CASE reassignment to Judge John F. Keenan. Judge Milton Pollack no longer assigned to the case. (gf, )
August 5, 2004 Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 315 Notice of Appeal, USCA Case Number 03-7948, were transmitted to the U.S. Court of Appeals as requested by Vincenza Mathias. (tp, )
May 12, 2004 Filing 404 NOTICE of Change of Address by Edward F. Haber on behalf of Thomas Ball, Thomas Beaver, Warren G. Bullock, Bullock & Yeager, Inc., Central Illinois Anesthesia Services Ltd. Profit Sharing Plan, Michael P. Crossen, Glen Cummings, John R. Graham, Robert Griffin, Adi R. Guzdar, Dinshaw Adi Guzdar, Bush Helzberg, Kent Kearney, Douglas Knittle, Mick Miller, John D. Minnick, Norman Nelson, Michael Osborn, Ronald J. Penna, Dan Porter, Brett Raynes, Juliet Raynes, Rosalae Sasson, Mary Sen, Shubhro Sen, Jim Sharp, Thomas Sharp, William T. Sharp, Larry Snyder, Niels Sorenson, J.M. Thies. New Address: Shapiro Haber & Urmy LLP, Exchange Place, 53 State Street, 37th Floor, Boston, MA, USA 02109, (617) 439-3939. (rjm, )
April 23, 2004 Filing 403 NOTICE of Change of Firm Name and Address by Jacqueline Sailer on behalf of Daniel R. Gerrity, Huimin Qu, Steven Roth, Robert Shaheen. New Address: Murray, Frank & Sailer LLP, 275 Madison Avenue, Suite 801, New York, NY, 10016, (212) 682-1818. This document relates to 02cv3429, 02cv5002, 02cv7218, 02cv6914, 02cv6916, 02cv5961, 02cv4242. (kkc, )
April 2, 2004 Filing 402 TRANSCRIPT of proceedings held on 2/6/2004 before Judge Milton Pollack.(kkc, )
March 25, 2004 Filing 401 NOTICE of Change of Address by Patrick Anthony Klingman on behalf of Jason Cho, Fredell D. Williams, Dean E. Hart, Thomas P. Willcutts. New Address: Schatz & Nobel, P.C., One Corporate Center, 20 Church Street, Suite 1700, Hartford, CT, 06103, (860) 493-6292. (kkc, ) Modified on 3/31/2004 (kkc, ).
March 1, 2004 Filing 400 Letter addressed to U.S.D.C. S.D.N.Y. Clerk's Office from John M. Rogers, Sr., R. Jackson Rogers and T. Lynn Rogers dated No Date Indicated re:... notice for the undersigned to elect to "opt-out" of the above referenced class action suits.. Document filed by T. Lynn Rogers, R. Jackson Rogers, John M. Rogers.(Filed In Associated Cases: 1:02-md-1484, 1:02-cv4242, 1:02-cv-5002, 1:02-cv-3606)(mj, ) Modified on 3/4/2004 (mj, ).
February 24, 2004 Opinion or Order Filing 399 DECISION AND ORDER No. 31..., Section 455(b)(4) requires a judge to disqualify himself if he knows that he "has a financial interest in the subject matter in controversy or in a party to the proceeding."... Plaintiffs point to no facts that would allow a reasonable person to conclude that I have a financial interest in the subject matter of this litigation or an interest in a party in this action. Plaintiff's motion is denied. (Signed by Judge Milton Pollack on 02/23/2004) (mj, ) Modified on 2/24/2004 (mj, ).
February 18, 2004 Opinion or Order Filing 395 DECISION (this document related to 01cv6881); that for the reasons set forth in this Decision, in the absence of exceptional circumstances here mandating discovery during the pendency of the motion to dismiss, plaintiffs' 378 motion for an Order lifting the automatic stay of discovery is hereby denied. (Signed by Judge Milton Pollack on 2/18/2004) (kkc, )
February 6, 2004 Filing 393 CLERK'S JUDGMENT in favor of defendants Merrill Lynch & Co and Merrill Lynch Pierce Fenner & Smith against plaintiffs granting defendants' motion to dismiss the complaints for failure to state a claim and being time barred.Copies filed in 02 cv 6645, 02 cv 9931, 02 cv 6637, 02 cv 9852, 02 cv 7739, 02 cv 3252, 02 cv 3634, 02 cv 7585. (Signed by J. Michael McMahon, Clerk on 02/06/04) copies mailed by clerk's office.(jf, )
February 5, 2004 Filing 398 DECLARATION of Gregory B. Linkh in Support re: 370 MOTION to Amend Complaint, 371 MOTION to Amend Complaint. This document relates to 02cv3429, 02cv6914. Document filed by Steven Roth. (kkc, )
February 5, 2004 Filing 397 REPLY MEMORANDUM OF LAW in Support re: 371 MOTION to Amend consoldated class action complaint. Document filed by Steven Roth. This document relates to 02cv3429. (kkc, ) Modified on 2/19/2004 (kkc, ).
February 5, 2004 Filing 396 REPLY MEMORANDUM OF LAW by Excite Lead Plaintiff in Further Support of their renewed motion for leave to amend the consolidated amended class action complaint. This document relates to 02cv3042. Document filed by Fred Kaplan. (kkc, )
February 5, 2004 Filing 394 REPLY MEMORANDUM OF LAW in Support re: 87 Motion to Consolidate Cases Motion to Appoint Lead Plaintiff(s)Motion to Appoint Lead Plaintiff(s)Motion to ApproveMotion to Approve. Document filed by Paolo Orlandi. (sac, )
February 5, 2004 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: Amended Notice of Appeal,. (dt, )
February 5, 2004 Transmission of Notice of Appeal to the District Judge re: Amended Notice of Appeal,. (dt, )
February 5, 2004 Transmission of Notice of Appeal to the District Judge re: 392 Amended Notice of Appeal,. (dt, )
February 5, 2004 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 392 Amended Notice of Appeal,. (dt, )
February 4, 2004 Filing 392 AMENDED NOTICE OF APPEAL re: 349 Notice of Appeal,, 341 Order,. Document filed by Ruth Manton, Judith A. Mierzwiak, Ronald L. Mierzwiak, Linda Sherman, Richard Sherman. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Edward J. Yodowitz, Esq., Andrew J. Levander, Esq., Mark Holland, Esq., Hugo A. Hilgendorff, Esq., Edward Haber, Esq., Herbert Milstein, Esq., Jacqueline Sailer, Esq., Fred Fox, Esq.. (dt, )
February 4, 2004 AMENDED NOTICE OF APPEAL re: Notice of Appeal,, 340 Order,,,,,,,,,. Document filed by Stephen E. Carter. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Edward F. Haber, Esq. and Edward J. Yodowitz, Esq.. (Original Doc. # 26 Filed In 02 Civ. 3634). (dt, )
February 4, 2004 AMENDED NOTICE OF APPEAL re: Notice of Appeal,, 340 Order,,,,,,,,,. Document filed by Dennis Fortin. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Edward F. Haber, Esq. and Edward J. Yodowitz, Esq.. Original Doc. # 13 Filed In 02 Civ. 6645). (dt, )
February 4, 2004 AMENDED NOTICE OF APPEAL re: Notice of Appeal,, 340 Order,,,,,,,,,. Document filed by Robert Shaheen. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Edward J. Yodowitz, Esq., James D. Ossyra, Esq. and Frederick S. Fox, Esq.. (Original Doc. # 30 Filed In 02 Civ. 3252). (dt, ) Modified on 2/5/2004 (dt, ).
February 4, 2004 Filing 390 AMENDED NOTICE OF APPEAL re: 350 Notice of Appeal, 340 Order,,,,,,,,,. Document filed by George Sobolew. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (dt, )
February 4, 2004 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 390 Amended Notice of Appeal. (dt, )
February 4, 2004 AMENDED NOTICE OF APPEAL re: Notice of Appeal,, 340 Order,,,,,,,,,. Document filed by John Korte. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. # 20 Filed In 02 Civ. 6637). (dt, )
February 4, 2004 AMENDED NOTICE OF APPEAL re: Notice of Appeal,, 340 Order,,,,,,,,,. Document filed by Arash Saffarnia. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. # 12 Filed In 02 Civ. 9931). (dt, )
February 4, 2004 Transmission of Notice of Appeal to the District Judge re: 390 Amended Notice of Appeal. (dt, )
February 4, 2004 AMENDED NOTICE OF APPEAL re: Notice of Appeal,, 340 Order,,,,,,,,,. Document filed by George Sobolew. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Skedden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. # 19 Filed In 02 Civ. 7739). (dt, )
February 4, 2004 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: Amended Notice of Appeal,. (dt, )
February 4, 2004 AMENDED NOTICE OF APPEAL re: Notice of Appeal,, 340 Order,,,,,,,,,. Document filed by William T. Sharp. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom & Foley & Lardner. (Original Doc. # 13 Filed In 02 Civ. 9852). (dt, )
February 4, 2004 AMENDED NOTICE OF APPEAL re: Notice of Appeal,, 340 Order,,,,,,,,,. Document filed by Cranshire Capital, L.P.. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. # 21 Filed In 02 Civ. 7585). (dt, )
February 4, 2004 Transmission of Notice of Appeal to the District Judge re: Amended Notice of Appeal,. (dt, )
February 3, 2004 Filing 391 NOTICE OF CORRECTION re: 384 Reply Memorandum of Law in Support of Motion. Document filed by Henry Blodget. (sac, )
January 30, 2004 Filing 389 Defenndant Henry Blodget's JOINDER in Merrill Lynch's Opposition to Motion for a Limited Lifting of the Automatic Stay of Discovery. Document filed by Henry Blodget.(db, )
January 30, 2004 Filing 388 REPLY MEMORANDUM OF LAW in Support re: 368 MOTION to Disqualify Judge. This document relates to 02cv10221. Document filed by Lead Plaintiffs. (kkc, )
January 27, 2004 Filing 387 DECLARATION of Joanne Gaboriault in Opposition re: 361 MOTION to Amend Complaint. This document relates to 01cv6881, 02cv3050. Document filed by Merrill Lynch & Co. Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (kkc, )
January 27, 2004 Filing 386 SUPPLEMENTAL DECLARATION of Scott D. Musoff in Support re: 364 MOTION to Dismiss. This document relates to 02cv3429, 02cv7218, 02cv3042, 02cv6914, 02cv3835, 01cv6881, 02cv6916, 02cv3050. Document filed by Merrill Lynch & Co. Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (kkc, )
January 27, 2004 Filing 385 REPLY MEMORANDUM OF LAW in Support re: 364 MOTION to Dismiss, and opposition to plaintiffs' motions to amend. Appendix attached. This document relates to 02cv3429, 02cv7218, 02cv3042, 02cv6914, 02cv3835, 01cv6881, 02cv6916, 02cv3050. Document filed by Merrill Lynch & Co. Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (kkc, )
January 27, 2004 Filing 384 REPLY MEMORANDUM OF LAW in Support re: 295 Motion to Dismiss. This document relates to 02cv3452, 92cv7218, 02cv3042, 02cv6914, 02cv3835, 01cv6881, 02cv6916, 02cv3050. Document filed by Henry Blodget. (kkc, )
January 21, 2004 Opinion or Order Filing 383 CASE MANAGEMENT ORDER #7 (this document relates to 02cv3429, 02cv7218, 02cv3042, 02cv6914, 02cv3835, 01cv6881, 02cv6916, 02cv3050); the time for defendants to serve and file their replies and specifically state any opposition to any motions for leave to amend is extended from 12:00 pm on 1/23/2004 to 12:00 pm on 1/27/2004. Plaintiffs time to reply to defendants' opposition on the motions for leave to further amend is correspondingly extended from 12:00 pm on 1/30/2004 to 12:00 pm on 2/5/2004. (Signed by Judge Milton Pollack on 1/21/2004) (kkc, )
January 21, 2004 Filing 376 Supplemental Submission (this document relates to 01cv6881) in support of plaintiffs' motion for a limited lifting of the automatic stay of discovery. Document filed by Jerry Conte, Glen Cummings, Robert Griffin, Rosalae Sasson, Larry Snyder. (kkc, )
January 16, 2004 Filing 382 DECLARATION of John M. Babington in Support (this document relates to 01cv6881) re: 378 MOTION for a Limited Lifting of the Automatic Stay of Discovery. Document filed by Jerry Conte, Glen Cummings, Robert Griffin, Rosalae Sasson, Larry Snyder. (kkc, )
January 16, 2004 Filing 381 DECLARATION of Theodore Hess-Mahan in Support (this document relates to 01cv6881) re: 378 MOTION for a Limited Lifting of the Automatic Stay of Discovery. Document filed by Jerry Conte, Glen Cummings, Robert Griffin, Rosalae Sasson, Larry Snyder. (kkc, )
January 16, 2004 Filing 380 DECLARATION of Anton M. Litchfield in Support (this document relates to 01cv6881) re: 378 MOTION for a Limited Lifting of the Automatic Stay of Discovery.. Document filed by Jerry Conte, Glen Cummings, Robert Griffin, Rosalae Sasson, Larry Snyder. (kkc, )
January 16, 2004 Filing 379 MEMORANDUM OF LAW in Support (this document relates to 01cv6881) re: 378 MOTION for a Limited Lifting of the Automatic Stay of Discovery. Document filed by Jerry Conte, Glen Cummings, Robert Griffin, Rosalae Sasson, Larry Snyder. (kkc, )
January 16, 2004 Filing 378 MOTION (this document relates to 01cv6881) for a Limited Lifting of the Automatic Stay of Discovery. Document filed by Jerry Conte, Glen Cummings, Robert Griffin, Rosalae Sasson, Larry Snyder. (kkc, )
January 9, 2004 Filing 377 MEMORANDUM OF LAW (this document relates to 02cv10221) in Opposition re: 352 357 MOTION to Dismiss the second consolidated amended complaint. Document filed by Cynthia McGinnes, lead plaintiff and the class. Document filed in night deposit box on 1/9/2004 at 6:09 pm. (kkc, )
January 9, 2004 Filing 375 MEMORANDUM OF LAW (this document relates to 02cv7218) in Opposition to: 364 MOTION to Dismiss the amended consolidated class action complaint. Document filed by Jeffrey Black, Michael Schaeffer. (kkc, )
January 9, 2004 Filing 374 MEMORANDUM OF LAW (this document relates to 02cv6914) in Opposition to: 364 MOTION to Dismiss the amended consolidated class action complaint. Document filed by Paolo Orlandi. (kkc, )
January 9, 2004 Filing 373 MEMORANDUM OF LAW (this document relates to 02cv3429) in Opposition to: 364 MOTION to Dismiss the amended consolidated class action complaint. Document filed by Steven Roth. (kkc, )
January 9, 2004 Filing 372 DECLARATION of Jacqueline Sailer in Support re: 370 MOTION to Amend 196 Amended Complaint, 371 MOTION to Amend 203 Amended Complaint. Document filed by Paolo Orlandi, Steven Roth. (kkc, )
January 9, 2004 Filing 371 MOTION (this document relates to 02cv3429) for an Order pursuant to Rule 15(a) of the F.R.C.P. to Amend the 203 Consolidated Amended Class Action Complaint. Document filed by Steven Roth. (kkc, )
January 9, 2004 Filing 370 MOTION (this document relates to 02cv6914) for an Order pursuant to Rule 15(a) of the F.R.C.P. to amend the 196 Consolidated Amended Class Action Complaint. Document filed by Paolo Orlandi. (kkc, )
January 7, 2004 Opinion or Order Filing 369 MEMO ENDORSEMENT on Lead Plaintiffs' Notice of Withdrawal of Motion (this document relates to 02cv3429, 02cv6914); that lead plaintiffs in the referenced securities class action hereby withdraw their previously filed motions, dated 12/9/2003 (as to Aether Systems, Inc.) and 12/12/2003 (as to Exodus Communications, Inc.), to amend each action's consolidated amended class action complaint, dated 3/14/2003. Pursuant to Case Management Order No. 6 entered on 12/19/2003, lead plaintiffs will renew or make any motion for leave to amend on or before 12:00 pm on 1/9/2004. (Signed by Judge Milton Pollack (not dated)) (kkc, )
January 6, 2004 Filing 368 MOTION (this document relates to 02cv10221) pursuant to 28 U.S.C. 455(a) to Disqualify Judge Milton Pollack from further proceedings in this matter. Document filed by Lead Plaintiffs. (kkc, )
December 30, 2003 Opinion or Order Filing 367 STIPULATION AND ORDER No. 27 (this document relates to 02cv10221); that the motions to dismiss the second consolidated amended complaint submitted by defendant Focus Twenty Fund and the Fund Adviser defendants are deemed to be joined by all other defendants in this matter; the time for plaintiffs to serve and file their memorandum in opposition to defendants' motions to dismiss be extended until 1/9/2004, and that any reply papers in further support of defendants' motions to dismiss shall be served and filed on or before 1/16/2004, with both dates subject to further extension by agreement of the parties. (Signed by Judge Milton Pollack (not dated)) (kkc, )
December 19, 2003 Filing 366 NOTICE of Withdrawal of Motion by Lead Plaintiffs (this document relates to 02cv3042). Document filed by J. Marvin Brown, Stephen E. Carter, Coastline Corporation, Cranshire Capital, L.P., Geewax Terker & Company, Amir Heshmatpour, John Horoshak, Fred Kaplan, James Kostopoulos, Gail LeBeau, John Kilgour Lentell, Archie Lofberg, Steven Roth, Arash Saffarnia, Michael Schaeffer, Robert Shaheen, William T. Sharp, George Sobolew. (kkc, )
December 19, 2003 Opinion or Order Filing 359 CASE MANAGEMENT ORDER #26 (02cv3429, 02cv7218, 02cv3042, 02cv6914, 02cv3835, 01cv6881, 02cv6916, 02cv3050); plaintiffs shall oppose defendants' motion to dismiss and renew or make any motions for leave to amend by 12:00 pm on 1/9/2004. Defendants shall serve and file their replies by 12:00 pm on 1/23/2004, and shall specifically state any opposition to any motions for leave to amend at the same time in the same brief. Plaintiffs may reply to defendants' opposition on the motions for leave to further amend on or before 12:00 pm on 1/30/2004. A hearing on the motions shall be held at 11:00 am on 2/6/2004, subject to adjournment by the Court. (Signed by Judge Milton Pollack on 12/19/2003) (kkc, )
December 18, 2003 Filing 356 TRANSCRIPT of proceedings held on 10/17/03 before Judge Milton Pollack.(jf, )
December 11, 2003 Opinion or Order Filing 355 ORDER No. 25 denying 342 plaintiffs' motion to clarify the Court's decision and order dated 10/22/03. Plaintiffs' motion to clarify is unnecessary and is therefore Denied. This document relates to 02cv10221 (MP). (Signed by Judge Milton Pollack on 12/11/2003) (kkc, )
December 11, 2003 Filing 351 TRANSCRIPT of proceedings held on 10/21/03 before Judge Milton Pollack.(pr, )
December 10, 2003 Opinion or Order Filing 354 ORDER No. 24; that Lead Plaintiffs' motions for leave to amend their First Consolidated Amended Complaints are granted and Lead Plaintiffs in actions 02cv3835 and 02cv6916 are directed to serve and file with the Clerk of Court a Second Consolidated Amended Complaint in the form submitted no later than 12:00 pm on the second business day herefrom. This document relates to case no. 02cv3835 and 02cv6916. (Signed by Judge Milton Pollack on 12/10/2003) (kkc, )
December 9, 2003 Filing 360 MOTION (this document relates to 02cv3429) for Leave to amend the Consolidated Amended Class Action Complaint. Document filed by Stephen Roth. (kkc, )
December 9, 2003 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 350 Notice of Appeal. (dt, )
December 9, 2003 Transmission of Notice of Appeal to the District Judge re: 350 Notice of Appeal. (dt, )
December 8, 2003 Filing 365 DECLARATION of Scott D. Musoff in Support re: 364 MOTION to Dismiss. Exhibits Volumes I - XI attached. (this document relates to 02cv3429, 02cv7218, 02cv3042, 02cv6914, 02cv3835, 01cv6881, 02cv6916, 02cv3050) Document filed by Merrill Lynch & Co. Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (kkc, )
December 8, 2003 Filing 364 MOTION (this document relates to 02cv3429, 02cv7218, 02cv3042, 02cv6914, 02cv3835, 01cv6881, 02cv6916, 02cv3050) to Dismiss the complaints with prejudice pursuant to F.R.C.P. 9(b) and 12(b)(6) and Section 21D(b) of the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b). Document filed by Merrill Lynch & Co. Inc., Merrill, Lynch, Pierce, Fenner & Smith Incorporated. (kkc, )
December 8, 2003 Transmission of Notice of Appeal to the District Judge re: Notice of Appeal,. (dt, )
December 4, 2003 Transmission of Notice of Appeal to the District Judge re: 349 Notice of Appeal,. (dt, )
December 4, 2003 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 349 Notice of Appeal,. (dt, )
December 3, 2003 Filing 363 DECLARATION of Edward F. Haber in Support re: 361 MOTION to Amend. Document filed by Jerry Conte, Glen Cummings, Robert Griffin, Rosalae Sasson, Larry Snyder. (this document relates to 01cv6881) (kkc, )
December 3, 2003 Filing 362 MEMORANDUM OF LAW in Support re: 361 MOTION to Amend Document filed by Jerry Conte, Glen Cummings, Robert Griffin, Rosalae Sasson, Larry Snyder. (this document relates to 01cv6881) (kkc, )
December 3, 2003 Filing 361 MOTION to Amend 192 Third Amended Class Action Complaint. Document filed by Jerry Conte, Glen Cummings, Robert Griffin, Rosalae Sasson, Larry Snyder. (This document relates to 01cv6881)(kkc, )
December 2, 2003 NOTICE OF APPEAL by Prena Smajlaj from 347 Order,.. Filing fee $ 255.00, receipt number E492577. Copies of Notice of Appeal mailed to Attorney(s) of Record: Edward J. Yodowitz & James D. Ossyra. (Original Doc. # 19 Filed In 03 Civ. 2927). (dt, )
December 1, 2003 Filing 350 NOTICE OF APPEAL by Lead Plaintiffs from 347 Order,.. Filing fee $ 255.00, receipt number E493983. Copies of Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (dt, )
December 1, 2003 NOTICE OF APPEAL by Lead Plainitffs from 347 Order,.. Filing fee $ 255.00, receipt number E492469. Copies of Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. #18 Filed In 02 Civ. 7739). (dt, )
December 1, 2003 NOTICE OF APPEAL by Lead Plaitiffs from 347 Order,.. Filing fee $ 255.00, receipt number E492466. Copies of Notice of Appeal mailed to Attorney(s) of Record: Skaden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. # 25 Filed In 02 Civ. 3634). (dt, )
December 1, 2003 NOTICE OF APPEAL by Lead PLAINTIFFS from 347 Order,.. Filing fee $ 255.00, receipt number E492467. Copies of Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. # 20 Filed In 02 Civ. 7585). (dt, )
December 1, 2003 NOTICE OF APPEAL by Lead Plaintiffs from 347 Order,.. Filing fee $ 255.00, receipt number E492470. Copies of Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. #12 Filed In 02 Civ. 9852). (dt, )
December 1, 2003 NOTICE OF APPEAL by Lead Plaintiffs from 347 Order,.. Filing fee $ 255.00, receipt number E492468. Copies of Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. #29 Filed In 02 Civ. 3252). (dt, )
December 1, 2003 NOTICE OF APPEAL by Lead Plainitffs from 347 Order,.. Filing fee $ 255.00, receipt number E492472. Copies of Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. #11 Filed In 02 Civ. 9931). (dt, )
December 1, 2003 NOTICE OF APPEAL by Lead Plaintiffs from 347 Order,.. Filing fee $ 255.00, receipt number E492471. Copies of Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. #19 Filed In 02 Civ. 6637). (dt, )
December 1, 2003 NOTICE OF APPEAL by Lead Plaintiffs from 347 Order,.. Filing fee $ 255.00, receipt number E492462. Copies of Notice of Appeal mailed to Attorney(s) of Record: Skadfden, Arps, Slate, Meagher & Flom and Foley & Lardner. (Original Doc. #12 Filed In 02 Civ. 6645). (dt, )
November 26, 2003 Filing 358 MEMORANDUM OF LAW in Support re: 357 MOTION to Dismiss.. Document filed by Merrill Lynch Focus Twenty Fund, Inc.. (db, )
November 26, 2003 Filing 357 MOTION to Dismiss the second consolidated amended complaint and joinder in motion of Fund Advisor defendant. Document filed by Merrill Lynch Focus Twenty Fund, Inc.. (db, )
November 24, 2003 Filing 353 MEMORANDUM OF LAW in Support re: 352 MOTION to Dismiss. Document filed by FAM Distributors, Inc., Fund Asset Management, L.P., Princeton Funds Distributor, Inc., Princeton Services, Inc. Document filed in Night Deposit Box on 11/24/03 at 5:14 p.m. This document relates to 02cv10221 (MP) (kkc, )
November 24, 2003 Filing 352 MOTION to Dismiss the second consolidated amended complaint. Document filed by FAM Distributors, Inc., Fund Asset Management, L.P., Princeton Funds Distributor, Inc., Princeton Services, Inc. Document filed in Night Deposit Box on 11/24/03 at 5:14 p.m. This document relates to 02cv10221 (MP) (kkc, )
November 24, 2003 Filing 349 NOTICE OF APPEAL by Lead Plaintiffs from 341 Order,.. Filing fee $ 255, receipt number E492101. Copies of Notice of Appeal mailed to Attorney(s) of Record: Edward J. Yodowitz, Esq., Andrew J. Levander, Esq., Edward Haber, Esq., Jacqueline Sailer, Esq, Hugo A. Hilgendorff, Esq., Mark A. Holland, Esq., Herbert Milstein, Esq. and Fred Fox, Esq.. (dt, )
November 17, 2003 Opinion or Order Filing 347 DECISION & ORDER, ORDER #23 granting [345-1] motion to dismiss the Consolidated Amended Class Action Complaint (Doc. #327, dtd 10/22/03), with prejudice because it fails to meet the essential pleading requirements of FRCP 9(b) and the Reform Act. This Document relates to 03-2927. ( signed by Judge Milton Pollack ); (rjm)
November 14, 2003 Filing 348 NOTICE OF MOTION by Deft. Henry Blodget to dismiss Consolidate Amended Class Action Complaint - All Aboard - The Training Junction 03-2927 . Return Date not included. This Document relates to 03-2927. (rjm)
November 14, 2003 Filing 346 Lead Plaintiff's MEMORANDUM OF LAW by Prena Smajlaj in opposition to Defts' [345-1] motion to dismiss the Consolidated Amended Class Action Complaint (Doc. #327, dtd 10/22/03). This document relates to 03-2927. Received in N.D. Box on 11/14/03, 5:58pm. (rjm)
November 12, 2003 Filing 345 NOTICE OF MOTION by Merrill Lynch & Co., Merrill Lynch Pierce to dismiss the Consolidated Amended Class Action Complaint (Doc. #327, dtd 10/22/03) . This Document relates to 03-2927. Return Date not indicated. (rjm)
November 12, 2003 Filing 344 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL...transferring action from the U.S.D.C. for the Western District of Oklahoma, Docket No. 5:02-1682, to the S.D.N.Y. and with the consent of that court, assigned to the Hon. Milton Pollack for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket. Mailed letter requesting transfer of their file. (rjm)
November 5, 2003 Filing 343 SECOND CONSOLIDATED AMENDED COMPLAINT by Archie Lofberg, James G. Rea, Lee T. Scher, David A. Goodman (Answer due 11/17/03 for FAM Distributors, for Princeton Services, for Fund Asset, for Merrill Lynch Funds, for Merrill Lynch & Co. ) amending against Princeton Funds Dis.. Summons issued. Jury Trial Demanded. This Document relates to 02-10221. (rjm)
November 5, 2003 Filing 342 NOTICE OF Lead Plaintiff's MOTION by Cynthia McGinnes, Rae Dorin-Tanno, Michael N. Merritt to Clarify the Court's Decision & Order, dated 10/22/03 , Striking certain paragraphs of the Consolidated Amended Complaint , and Dismissing the remaining allegations without prejudice . Return Date at not indicated. This Document relates to 02-10221. (rjm)
November 5, 2003 Filing 328 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [315-1] appeal (dt)
October 29, 2003 Opinion or Order Filing 341 ORDER No. 22 (ON MOTION TO DISMISS) Plaintiff's Consolidated Amended Complaint is dismissed in its entirety, with prejudice . This Document relates to 02-3176. ( signed by Judge Milton Pollack ). (rjm)
October 29, 2003 Opinion or Order Filing 340 DECISION & ORDER No. 21 The Complaints fail to state a claim principally because there are no claims in the Complaints that the alleged misrepresentations or omissions proximately caused the losses claimed; additionally, the complaints are barred by the relevant statute of limitations; and the complaints fail to plead any facts giving rise to a strong inference of scienter. These reasons alone are adequate to merit dismissal of the complaints with prejudice. It is not strictly necessary to address the myriad pleading deficiencies of the Complaints. However, ptffs. have repeatedly failed to cure the pleading defects despite having had ample opportunity to amend appropriately. Thus, the complaints merit dismissal w/prejudice because they fail to meet the essential pleading requirements of FRCP9(b) and the Reform Act. The Clerk is hereby directed to close all constituent cases relating to the 8 stocks here involved . This Document relates to 02-6645, 9931, 6637, 9852, 7739, 3252, 3634, 7585. ( signed by Judge Milton Pollack ). (rjm)
October 27, 2003 Filing 339 Lead Plaintiff's POST-ARGUMENT SUPPLEMENTAL MEMORANDUM OF LAW by George Sobolew. This Document relates to 02-7739. (rjm)
October 27, 2003 Filing 338 Plaintiffs' Post-Argument Submission Regarding Defendants' Duty of Disclosure by A.J. Zucarelli, Lisa Zucarelli, George Sobolew, Mick Miller, John D. Minnick, Dennis Fortin, Arash Saffarnia, Peter Balas, Ernest Nizza, John Korte, and all remaining plaintiffs on behalf of which this document relates to. This Document relates to 03-2987, 02-6645, 9931, 6637, 9852, 7739, 3252, 3634, 7585. (rjm)
October 23, 2003 Filing 337 AFFIDAVIT OF SERVICE of Lead Plaintiffs' Post-Argument Supplemental Memorandum of Law upon the attorneys on the attached service list by hand & FedEx on 10/22/03. This Document relates to 02-6637. (rjm)
October 23, 2003 Filing 336 AFFIDAVIT OF SERVICE of Lead Plaintiffs' Post-Argument Supplemental Memorandum of Law upon the attorneys on the attached service list by hand & FedEx on 10/22/03. This Document relates to 02-7585. (rjm)
October 23, 2003 Filing 335 AFFIDAVIT OF SERVICE of Lead Plaintiffs' Post-Argument Supplemental Memorandum of Law by hand & FedEx on 10/22/03. This Document relates to 02-9931. (rjm)
October 23, 2003 Filing 334 AFFIDAVIT OF SERVICE of Lead Plaintiffs' Post-Argument Supplemental Memorandum of Law as to attached list of attorneys by hand & FedEx on 10/22/03. This Document relates to 02-7739. (rjm) Modified on 11/06/2003
October 23, 2003 Filing 333 AFFIDAVIT OF SERVICE of Lead Plaintiffs' Post-Argument Submission regarding Defendants' Duty of Disclosure as to attached list of attorneys by hand & FedEx on 10/22/03. This document relates to 03-2987, 02-6645, 9931, 6637, 9852, 7739, 3252, 3634 & 7585. (rjm)
October 22, 2003 Opinion or Order Filing 332 ORDER #20 on Motions to Strike and to Dismiss striking the portion of the Consolidated Amended Complaint dtd 8/15/03, under Rule 12(f) which may not be included in any amended pleadings hereafter , and this case is dismissed without prejudice (02-10221) . This Document relates to 02-10221. Sent to Civil Dockets for notation. ( signed by Judge Milton Pollack ); (rjm)
October 22, 2003 Filing 331 Defendant Henry Blodget's Supplemental MEMORANDUM OF LAW in Support of his Motion to dismiss the Phase I Cases. This Document relates to 03-2927, 02-6645, 9931, 6637, 9852, 7739, 3252, 3634, 7585. Sent to Civil Dockets for notation. (rjm)
October 22, 2003 Filing 330 Plaintiff's Submission Concerning the paragraphs of the Complaint that charge Defendants with Fraud. This Document relates to 02-3634. Sent to Civil Dockets for notation. (rjm)
October 22, 2003 Filing 329 Plaintiff's Submission concerning the paragraphs of the Complaint that charge Defts with Fraud. This Document relates to 02-6645. Sent to Civil Dockets for notation. (rjm)
October 22, 2003 Filing 327 First AMENDED Class Action COMPLAINT by Prena Smajlaj (Answer due 11/3/03 for Merrill Lynch & Co., for Merrill Lynch Pierce, for Henry Blodget ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 03cv2927. (rjm)
October 22, 2003 Filing 326 Lead Plaintiff's Post-Argument Submission by Robert Shaheen. This Document relates to 03-3252. (rjm)
October 22, 2003 Filing 325 Lead Plaintiff's Post-Arguent Submission by Prena Smajlaj. This Document relates to 03-2927. (rjm)
October 22, 2003 USCA Case Number Re: [315-1] appeal USCA NUMBER: 03-7948. (dt)
October 20, 2003 Opinion or Order Filing 324 Plaintiffs Notice of Dismissal of Underwriting Conflict of Interest Claim dismissing the following portions of the Amended Complaint which constitute underwriting conflict of interest claim & termed Material Misstatement 6 & Material Omission 6: 17(1)-(n), 18(1)-(n), 18(r)(6)-(7), 27(1)-(n), 28(r)(6)-(7), 42(6), 42(9) (line 6 only), and 86 (second half of line 1 and line 2 only). This dismissal is purs. to FRCP 41(a)(1), in view of no answer or motion for summary judgment having been filed... and as further set forth in said order . This Document relates to 02-10221 & 03-2852. ( signed by Judge Milton Pollack ). (rjm)
October 17, 2003 Filing 323 Lead Plaintiffs' SURREPLY MEMORANDUM of Law in Opposition to Defendants' Motion to Dismiss. This Document relates to 03-2987, 02-6645, 9931, 6637, 9852, 7739, 3252, 3634, and 7585. Duplicate Originals of this document were sent to Civil Docketing Unit for docket entry. (rjm)
October 15, 2003 Filing 322 Lead Plaintiffs' Joint Response to Order of October 3, 2003 and MEMORANDUM OF LAW in support of [321-1] motion to strike the Appendix to the Reply Memorandum of Law of Defts. Merrill Lynch & Co., Inc. and Merrill Lynch Pierce Fenner & Smith Inc. in further Support of their Motion to Dismiss the Complaints filed w/the Court on 9/26/03; and to strike the Declaration of Joanne Gaboriault in Support thereof & Exhibits thereto, and [321-2] motion for leave to file a Surreply to address new matters raised in Defts' Reply Memoranda, before Judge Pollack, at the Courthouse located at 40 Centre Street NY NY 10007, at a time and date to be determined by the Court. This Document relates to 03-2987, 02-6645, 9931, 6637, 9852, 7739, 3252, 3634, 7585. (rjm)
October 15, 2003 Filing 321 Joint NOTICE OF MOTION & MOTION of Lead Plaintiffs to strike the Appendix to the Reply Memorandum of Law of Defts. Merrill Lynch & Co., Inc. and Merrill Lynch Pierce Fenner & Smith Inc. in further Support of their Motion to Dismiss the Complaints filed w/the Court on 9/26/03; and to strike the Declaration of Joanne Gaboriault in Support thereof & Exhibits thereto , and for leave to file a Surreply to address new matters raised in Defts' Reply Memoranda, before Judge Pollack, at the Courthouse located at 40 Centre Street NY NY 10007, at a time and date to be determined by the Court Return Date at not indicated. This document relates to 03-2987, 02-6645, 9931, 6637, 9852, 7739, 3252, 3634, 7585. (rjm)
October 15, 2003 Opinion or Order ORDER NO. 18; Memo endorsed on motion; (The motion to file a surreply in the form submitted is granted to be served & filed w/the Court on the return date, 10/17/03, of the motion to dismiss. The motion to strike Exhibits C, D, F & G of the Gaboriault Declaration is granted. The Motion to strike the balance of said Declaration is denied. The motion to strike defts' Appendix to their Reply Memorandum is denied. The Court will treat said Appendix as part of the arguments in defts' Reply Memorandum). granting in part, denying in part [321-1] motion to strike the Appendix to the Reply Memorandum of Law of Defts. Merrill Lynch & Co., Inc. and Merrill Lynch Pierce Fenner & Smith Inc. in further Support of their Motion to Dismiss the Complaints filed w/the Court on 9/26/03; and to strike the Declaration of Joanne Gaboriault in Support thereof & Exhibits thereto. granting [321-2] motion for leave to file a Surreply to address new matters raised in Defts' Reply Memoranda, before Judge Pollack, at the Courthouse located at 40 Centre Street NY 10007, at a time and date to be determined by the Court. Relates to 03-2987, 02-6645, 9931, 6637, 9852, 7739, 3252, 3634, 7585 ( signed by Judge Milton Pollack ). (rjm)
October 7, 2003 Opinion or Order Filing 320 ORDER (No. 17) AND JUDGMENT That Defts' motion to dismiss the consolidated amended complaint is granted with prejudice for Lead Ptff's failure to oppose the motion & for the reasons stated in the Court's Decision & Order dtd 6/30/03. The Clerk is directed to enter judgment accordingly. ( signed by Judge Milton Pollack ); Entered On Docket: 10/8/03. Sent to Civil Dockets for Notation entry. This Document relates to 02cv6913 & 02cv9549. (rjm) Modified on 10/09/2003
October 3, 2003 Notation of Memo endorsed on motion (Motion entered as Doc. No. 21 in 02cv10221); granting [0-1] motion subject to compliance with Local Civil Rule 1.3(c) of the FRCP and payment to the Clerk's Office of Pro Hac Vice admission fee permitting Marvin E. to appear pro hac vice. ( signed by Judge Milton Pollack ). Relates to 02 CV 10221. (rjm)
October 3, 2003 Opinion or Order Filing 319 ORDER (No. 16) for leave to file by 12:00pm on the 7th business day herefrom a specific response, if any is required, to the acceptability by the Court of the analysis of the allegations of the complaints in the captioned actions as set forth in the Appendix to Reply Memorandum of Law of Defts. Merrill Lynch, Pierce, Fenner & Smith Inc. in Further Support of their Motion to Dismiss the Complaints, filed w/the Court on 9/26/03, and referenced in the Defts' Reply Memo of Law at page 28 . This Document relates to 03-2927, 02-6645, 9931, 6637, 9852, 7739, 3252, 3634 & 7585 ( signed by Judge Milton Pollack ). (rjm) Modified on 10/09/2003
September 29, 2003 DOCKETING NOTATION of NOTICE OF MOTION by Merrill Lynch Focus (Document No. 21 filed in 02cv10221) for an order purs. to Rule 1.3(c) of the FRCP permitting Marvin E. Barkin to appear pro hac vice . Memorandum of Law and Declaration of Thomas J. Lilly, Jr. in support of motion attached. Return Date not indicated. This Document relates to 02 cv 10221. (rjm) Modified on 10/10/2003
September 22, 2003 Notice of appeal and certified copy of docket to USCA: [316-1] appeal ; Copy of notice of appeal sent to District Judge. (pr)
September 18, 2003 Filing 318 The Fund Adviser Defts' MEMORANDUM OF LAW by Fund Asset, FAM Distributors, Princeton Services and Princeton Funds in support of their [317-1] motion to dismiss the Consolidated Amended Complaint. This Document relates to 02cv10221(MP). (rjm)
September 18, 2003 Filing 317 NOTICE OF MOTION by Fund Adviser Defts; Fund Asset, Princeton Services, Princeton Funds, FAM Distributors to dismiss the Consolidated Amended Complaint . Return Date not indicated. This Document Relates to 02 cv 10221(MP). (rjm)
September 17, 2003 Filing 316 NOTICE OF APPEAL by Lead plaintiff Michal N. Merritt, and named plaintiffs Rae Dorin-Tanno and Edward A. Cline, as representatives of a class consisting of those (whether or not they were clients of Merrill Lynch) who purchased shares of any and/or every class of the Merrill Lynch Global Technology Fund from 10/2/1999 through 10/1/02, from courts order entered 8/19/03, the court's order entered 7/2/03. . Copies of notice of appeal mailed to Attorney(s) of Record: Mark Holland, David J. Libowsky, Scott D.Musoff, Andrew Levander, Fred Fox. $105.00 APPEAL FILING FEE PAID ON 9/17/03, RECEIPT E 485182.. (pr)
September 11, 2003 Notice of appeal and certified copy of docket to USCA: [315-1] appeal ; Copy of notice of appeal sent to District Judge. (pr)
September 10, 2003 Filing 315 NOTICE OF APPEAL by Lead Plaintiffs, from [279-1] order, [0-0] remark, [299-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Edward F. Haber, Theodore M.Hess-Mahan, Jill S. Abrams, Evan J. Kaufman, Daniel W. Krasner, Bob Weintraub, Jeffrey G. Smith, Stanley M. Grossman, Gregory Linkh, Eduard Korsinksy, Dan Osborn, Chris Marino, Jack Zwick, Joseph H. Weiss, Herbert E. Milstein, Steven J. Toll, Joshua Devore, Carol V. Gilden, Michael E. Moskovitz, Merrill G. Davidoff, Lawrence J. Lederer, Douglas Thompson, Adam T. Savett, Conor Crowley, Jacqueline Sailer, Eric J. Belfi, Sharon Lee, Stanley Nemser, Robert C. Finkel, Scott D. Musoff, Jay Kasner, Edward J. Yodowitz, Joanne Gaboriault, James Ossyre, Mark H. Carnow, Mark Holland. $105.00 APPEAL FILING FEE PAID ON 9/10/03, RECEIPT E 484560. . (pr) Modified on 09/11/2003
September 3, 2003 Filing 314 DECLARATION of Frederic S. Fox in Support of Lead Plaintiffs' Memo of Law in Opposition to Defts' Motion to Dismiss the Consolidated Amended Complaints. This Document relates to ALL ACTIONS. (rjm)
September 3, 2003 Filing 311 LEAD PTFFS' MEMORANDUM OF LAW by Prena Smajlaj in opposition to (Defts' Motion to Dismiss the Doubleclick Complaint) [290-1] motion to dismiss with prejudice the consolidated amended complaints identified under "Phase I" schedule purs. to FRCP 9(b) and 12(b)(6) & Section 21D of the Private Securities Litigation Reform Act and granting such other & further relief as this Court may deem just & proper, [295-1] motion to dismiss with prejudice the consolidated amended complaints in the above captioned matter purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act; and granting such other & further relief as this Court may deem just & proper. Received in N.D. Box on 9/3/03, 6:07pm. This Document relates to 03-2927. Sent to Civil Dockets for notation. (rjm)
September 3, 2003 Filing 310 LEAD PTFFS' MEMORANDUM OF LAW by Alex Miceli, Cranshire Capital in opposition to (Defts' Motion to Dismiss the Quokka Consolidated Amended Complaint) [290-1] motion to dismiss with prejudice the consolidated amended complaints identified under "Phase I" schedule purs. to FRCP 9(b) and 12(b)(6) & Section 21D of the Private Securities Litigation Reform Act and granting such other & further relief as this Court may deem just & proper, [295-1] motion to dismiss with prejudice the consolidated amended complaints in the above captioned matter purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act; and granting such other & further relief as this Court may deem just & proper. Received in N.D. Box on 9/3/03, 6:07pm. This Document relates to 02-7585. Sent to Civil Dockets for notation. (rjm)
September 3, 2003 Filing 309 LEAD PTFFS' MEMORANDUM OF LAW by John Korte in opposition to (Defts' Motion to Dismiss the Ivillage Consolidated Amended Complaint) [290-1] motion to dismiss with prejudice the consolidated amended complaints identified under "Phase I" schedule purs. to FRCP 9(b) and 12(b)(6) & Section 21D of the Private Securities Litigation Reform Act and granting such other & further relief as this Court may deem just & proper, [295-1] motion to dismiss with prejudice the consolidated amended complaints in the above captioned matter purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act; and granting such other & further relief as this Court may deem just & proper. Received in N.D. Box on 9/3/03, 6:07pm. This Document relates to 02-6637. Sent to Civil Dockets for notation. (rjm)
September 3, 2003 Filing 308 LEAD PTFFS' MEMORANDUM OF LAW by Arash Saffarnia in opposition to (Defts' Motion to Dismiss the Homestore Consolidated Amended Complaint) [290-1] motion to dismiss with prejudice the consolidated amended complaints identified under "Phase I" schedule purs. to FRCP 9(b) and 12(b)(6) & Section 21D of the Private Securities Litigation Reform Act and granting such other & further relief as this Court may deem just & proper, [295-1] motion to dismiss with prejudice the consolidated amended complaints in the above captioned matter purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act; and granting such other & further relief as this Court may deem just & proper. Received in N.D. Box on 9/3/03, 6:07pm. This Document relates to 02-9931. Sent to Civil Dockets for notation. (rjm)
September 3, 2003 Filing 307 LEAD PTFFS' MEMORANDUM OF LAW by John Korte in opposition to (Defts' Motion to Dismiss the LookSmart Consolidated Amended Complaint) [290-1] motion to dismiss with prejudice the consolidated amended complaints identified under "Phase I" schedule purs. to FRCP 9(b) and 12(b)(6) & Section 21D of the Private Securities Litigation Reform Act and granting such other & further relief as this Court may deem just & proper, [295-1] motion to dismiss with prejudice the consolidated amended complaints in the above captioned matter purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act; and granting such other & further relief as this Court may deem just & proper. Received in the N.D. Box. on 9/3/03, 6:07pm. This Document relates to 02-7739. Sent to Civil Dockets for notation. (rjm)
September 3, 2003 Filing 306 LEAD PTFF'S MEMORANDUM OF LAW by Robert Shaheen in opposition to (Defts' Motion to Dismiss the Openwave Consolidated Amended Complaint) [290-1] motion to dismiss with prejudice the consolidated amended complaints identified under "Phase I" schedule purs. to FRCP 9(b) and 12(b)(6) & Section 21D of the Private Securities Litigation Reform Act and granting such other & further relief as this Court may deem just & proper, [295-1] motion to dismiss with prejudice the consolidated amended complaints in the above captioned matter purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act; and granting such other & further relief as this Court may deem just & proper. Received in N.D. Box on 9/3/03, 6:07pm. This Document relates to 02-3253. Sent to Civil Dockets for notation. (rjm)
September 3, 2003 Filing 305 MEMORANDUM OF LAW by Central Illinois, John D. Minnick, William T. Sharp, J.M. Thies in opposition to (Defts' Motion to Dismiss First Amended Class Action Complaint) [290-1] motion to dismiss with prejudice the consolidated amended complaints identified under "Phase I" schedule purs. to 9(b) and 12(b)(6) & Section 21D of the Private Securities Litigation Reform Act and granting such other & further relief as this Court may deem just & proper, [295-1] motion to dismiss with prejudice the consolidated amended complaints in the above captioned matter purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act; and granting such other & further relief as this Court may deem just & proper. Received in N.D. Box on 9/3/03, 6:08pm. This Document relates to 02-9852. Sent to Civil Dockets for notation. (rjm)
September 3, 2003 Filing 304 LEAD PLAINTIFFS' MEMORANDUM OF LAW by Ronald L. Mierzwiak, Judith A. Mierzwiak, Ruth Manton, Richard Sherman, Linda Sherman in opposition to (Defts' Motion to Dismiss the Internet Strategies Fund Consolidated & Amended Complaint) [289-1] motion to dismiss 02-3176, 10221, 03-0555, 1217 and 2852, [289-2] motion to join in the filed on 7/17/03 by Defts. Merrill Lynch & Co., Inc. and Merrill Lynch Pierce Fenner & Smith Inc. to dismiss 02-3176, 10221, 03-0291, 0555, 1217 & 2852. This Document relates to 02-3176. Sent to Civil Dockets for notation. (rjm)
September 3, 2003 Lead Ptffs. MEMORANDUM OF LAW in opposition to Defts (Motion to Dismiss the Internet Strategies Fund Consolidated & Amended Complaint) [289-1] motion to dismiss 02-3176, 10221, 03-0555, 1217 and 2852, [289-2] motion to join in the motion filed on 7/17/03 by Defts. Merrill Lynch & Co., Inc. and Merrill Lynch Pierce Fenner & Smith Inc. to dismiss actions, 02-3176, 10221, 03-0291, 0555, 1217 & 2852. (rjm)
August 27, 2003 Filing 302 Stacey Foundation NOTICE of Submission to Arbitration & Request to continue listing the action on the Suspense Docket. This Document relates to 02-10221 & 03-2852. Sent to Civil Dockets for docketing notation. (rjm) Modified on 09/02/2003
August 25, 2003 Filing 303 CONSOLIDATED AMENDED COMPLAINT by Cynthia McGinnes (Answer due 9/4/03 for Merrill Lynch Asset, for Merrill Lynch Asset, for Merrill Lynch Focus, for Merrill Lynch Pierce, for FAM Distributors, for Princeton Services, for Fund Asset, for Merrill Lynch Funds, for Merrill Lynch & Co. ) amending [1-1] complaint filed in Case No. 02cv10221. Summons issued. Jury Trial Demanded. Filed in N.D. Box on 8/25/03, 10:22pm. Exhibit 2 Chart respecting Securities in Merrill Lynch Focus Twenty Fund attached. This Document relates to 02 cv 10221. (rjm)
August 25, 2003 Filing 301 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-6)...transferring action from the U.S.D.C. for the Middle District of Florida, Docket No. 2:02-483, to the S.D.N.Y. for the reasons stated in the order of 10/11/02, and, with the consent of that court, assigned to the Hon. Milton Pollack. Mailed letter requesting of their file. (rjm)
August 19, 2003 Opinion or Order Filing 300 DECISION & ORDER (Order #15), on Motion to Alter Judgment and Amend Complaint; denying [291-1] motion to amend the Court's dismissal with prejudice of the Consolidated Amended Complaint, denying [291-2] motion for leave to file Second Consolidated Amended Complaint. This Document relates to 02-7854. Sent to Civil Dockets for docketing notation. ( signed by Judge Milton Pollack ). (rjm)
August 12, 2003 Opinion or Order Filing 299 ORDER (No. 14) denying [287-1] motion to amend its Judgment of July 1, 2003, denying [287-2] motion for leave to file Second Consolidated Complaint by or before 8/15/03, denying motion for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice, denying [284-1] motion for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice, denying [283-1] motion for partial reconsideration of [279-1] July 1, 2003 Decision & Order granting Defts' motion to dismiss the Interliant First Amended Class Action Complaint with prejudice. This Document relates to 02-3210 & 02-3321. Sent to Civil Dockets for docketing notation. ( signed by Judge Milton Pollack ). (rjm)
August 1, 2003 Filing 298 Notice of the Independent Director Defts Joinder by Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Donald Cecil, Roland M. Machold, Edward H. Meyer, Ronald W. Forbes, Cynthia A. Montgomery, Kevin A. Ryan in the Fund Adviser Defts' Opposition to Ptffs [287-1] motion to amend its Judgment of July 1, 2003, [287-2] motion for leave to file Second Consolidated Complaint by or before 8/15/03, [285-1] motion for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice, [284-1] motion for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice, [283-1] motion for partial reconsideration of [279-1] July 1, 2003 Decision & Order granting Defts' motion to dismiss the Interliant First Amended Class Action Complaint with prejudice. This Document relates to 02-7854. (rjm)
July 31, 2003 JUDGMENT; that for the reasons stated in the Court's Decision & Order dtd 6/30/03, the consolidated amended complaints are dismissed w/prejudice. (signed by J. Michael McMahon, Clerk of the Court); Mailed copies & notice of right to appeal. Entered on Docket 8/11/03 as notation from Case No. 02cv3210, Document #23. (rjm) Modified on 08/11/2003
July 30, 2003 Filing 297 Defts MEMORANDUM OF LAW by Merrill Lynch & Co., Merrill Lynch Pierce in opposition to the 24/7 & Interliant Ptffs' [287-1] motion to amend its of July 1, 2003, [287-2] motion for leave to file Second Consolidated Complaint by or before 8/15/03, [285-1] motion for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice, [284-1] motion for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice, [283-1] motion for partial reconsideration of [279-1] July 1, 2003 Decision & Order granting Defts' motion to dismiss the Interliant First Amended Class Action Complaint with prejudice. This document relates to 02-3210 & 02-3321. (rjm)
July 30, 2003 Filing 296 Deft Henry Blodget's Notice of Joinder & Joinder in Co-Deft Merrill Lynch's Opposition to the 24/7 and Interliant Ptffs [287-1] motion to amend its Judgment of July 1, 2003, [287-2] motion for leave to file Second Consolidated Complaint by or before 8/15/03, [285-1] motion for partial reconsideration of [279-1] Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice, [284-1] motion for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice, [283-1] motion for partial reconsideration of [279-1] July 1, 2003 Decision & Order granting Defts' motion to dismiss the Interliant First Amended Class Action Complaint with prejudice. Received in N.D. Box on 7/30/03, 5:32pm. This Document relates to 02-3210 & 3321. (rjm)
July 30, 2003 Deft. Henry Blodget's Notice of Joinder [285-1] motion for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice, [284-1] motion for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice, [283-1] motion for partial reconsideration of [279-1] July 1, 2003 Decision & Order granting Defts' motion to dismiss the Interliant First Amended Class Action Complaint with prejudice (rjm) Modified on 08/07/2003
July 28, 2003 Filing 295 NOTICE OF MOTION by Henry Blodget to dismiss with prejudice the consolidated amended complaints in the above captioned matter purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act; and granting such other & further relief as this Court may deem just & proper . This Document relates to All Actions. Return Date not indicated. (rjm)
July 23, 2003 Filing 293 DUPLICATE ORIGINAL Transcript of record of proceedings before Judge Milton Pollack for the date(s) of April 10, 2003. (dt)
July 22, 2003 Opinion or Order Filing 294 CASE MANAGEMENT ORDER NO. 5, consolidating the following cases for all purposes on behalf of purchasers of shares of the Merrill Lynch Focus Twenty Fund: 02-10221, 03-291, 03-555 & 03-1217. The consolidated actions shall be carried in the Clerk's Office and known as the In Re Merrill Lynch Focus Twenty Fund, Inc. Securities Litigation, 02cv10221(MP). The Clerk shall administratively close all of the actions listed above other than 02cv10221(MP). The action 03cv2852(MP), transferred to this Court by order of the Judicial Panel on MDL, shall be placed on administrative hold during the pendency of these actions before this Court. , and Lead counsel in the Focus Twenty Fund consolidated action are directed to file an appropriate consolidated amended complaint within 30 days of the date of this order . This Document relates to 03-2927, 02-10221, 03-291, 03-555, 03-1217 & 03-2852. ( signed by Judge Milton Pollack ); (rjm)
July 18, 2003 Filing 313 Transcript of record of proceedings before Judge Milton Pollack for the date(s) of 6/23/03, 10:35am. (rjm)
July 18, 2003 Filing 312 Transcript of record of proceedings before Judge Milton Pollack for the date(s) of 6/16/03, 10:35am. (rjm) Modified on 09/08/2003
July 17, 2003 Filing 292 MEMORANDUM OF LAW by Michael N. Merritt in support of [291-1] motion to amend the Court's dismissal with prejudice of the Consolidated Amended Complaint, [291-2] motion for leave to file Second Consolidated Amended Complaint. This Document relates to 02-7854. (rjm)
July 17, 2003 Filing 291 LEAD PTFFS. MOTION by Michael N. Merritt (to Alter Judgment & for Leave to Amend the Complaint) to amend the Court's dismissal with prejudice of the Consolidated Amended Complaint , and for leave to file Second Consolidated Amended Complaint . This Document relates to 02-7854. Exhibit 2 (Chart Respecting Securities in Merrill Lynch Global Technology Fund) attached. Return Date not indicated. Jury Trial Demanded. (rjm)
July 17, 2003 Filing 290 NOTICE OF MOTION by Merrill Lynch & Co., Merrill Lynch Pierce to dismiss with prejudice the consolidated amended complaints identified under "Phase I" schedule purs. to FRCP 9(b) and 12(b)(6) & Section 21D of the Private Securities Litigation Reform Act and granting such other & further relief as this Court may deem just & proper . This document relates to ALL ACTIONS. Return Date not indicated. (rjm)
July 17, 2003 Filing 289 NOTICE OF MOTION by Fund Asset to dismiss 02-3176, 10221, 03-0555, 1217 and 2852 , and to join in the motion filed on 7/17/03 by Defts. Merrill Lynch & Co., Inc. and Merrill Lynch Pierce Fenner & Smith Inc. to dismiss actions, 02-3176, 10221, 03-0291, 0555, 1217 & 2852 . Received in N.D. Box on 7/17/03, 5:03pm. This Document relates to 02-3176, 10221, 03-0291, 0555, 1217 & 2852. Return Date 11/29/02 at 0:00. (rjm)
July 16, 2003 Filing 288 MEMORANDUM OF LAW by John Kilgour Lentell in support of [287-1] motion to amend its Judgment of July 1, 2003, [287-2] motion for leave to file Second Consolidated Complaint by or before 8/15/03. Received in N.D. Box on 7/16/03, 8:21pm. This Document relates to 02-3210. (rjm)
July 16, 2003 Filing 287 NOTICE OF MOTION by Lou A. Murphy, Richard Sherman, Jack B. McBride... John Kilgour Lentell to amend its Judgment of July 1, 2003 , and for leave to file Second Consolidated Complaint by or before 8/15/03 . Return Date not indicated. Received in N.D. Box on 7/16/03, 8:21pm. This Document relates to 02-3210. Proposed Order attached. (rjm) Modified on 07/18/2003
July 16, 2003 Filing 286 MEMORANDUM OF LAW by Lou A. Murphy in support of [285-1] motion for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice. Received in N.D. Box on 7/16/03, 8:21pm. This Document relates to 02-3210. (rjm)
July 16, 2003 Filing 285 NOTICE OF MOTION by Lou A. Murphy, Aaron Priest, Jack B. McBride... for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice . Received in N.D. Box on 7/16/03, 8:20pm. This Document relates to 02-3210. Return Date 11/29/02 at 0:00. Proposed Order attached. (rjm) Modified on 07/18/2003
July 16, 2003 Filing 284 NOTICE OF MOTION by Lou A. Murphy, Aaron Priest, Jack B. McBride... for partial reconsideration of [279-1] 7/1/03 Decision & Order dismissing the Interliant First Amended Class Action Complaint with prejudice . Received in N.D. Box on 7/16/03, 8:20pm. This Document relates to 02-3321. Return Date 11/29/02 at 0:00. (rjm)
July 16, 2003 Filing 283 NOTICE OF MOTION by Lead Ptffs Lou A. Murphy, Aaron Priest, Jack B. McBride... for partial reconsideration of [279-1] July 1, 2003 Decision & Order granting Defts' motion to dismiss the Interliant First Amended Class Action Complaint with prejudice . Return date not indicated. Received in N.D. Box on 7/16/03, 8:20pm. This Document relates to 02-3321. Proposed Order attached. (rjm)
July 9, 2003 Filing 282 JUDGMENT. That for the reasons stated in the Court's order dated 7/2/03, ptffs. consolidated amended complaint is dismissed in its entirety, w/prejudice. This Document relates to 02 cv 7854. Sent to civil dockets for docketing notation. (J. Michael McMahon, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 7/14/03. (rjm) Modified on 07/15/2003
July 2, 2003 Opinion or Order Filing 281 DECISION & ORDER on Motions to Dismiss, Dismissing in its entirety, with prejudice, Ptff's Consolidated Amended Complaint; granting [262-1] motion to dismiss the consolidated amended complaint with prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995 15USC78u-4(b), granting [259-1] motion to dismiss the Consolidated Amended Complaint, granting [255-1] motion to dismiss the Consolidated Amended Complaint, granting [252-1] motion to dismiss the Consolidated Amended Complaint. This Document relates to 02 cv 7854. ( signed by Judge Milton Pollack ); document forwarded to Judgment Clerk. (rjm) Modified on 07/07/2003
July 1, 2003 Opinion or Order Filing 279 DECISION & ORDER granting [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), granting [228-2] motion to strike certain allegations purs. to FRCP 12(f). The Consolidated Amended Complaints are accordingly dismissed with prejudice. This Document relates to 02 cv 3210 & 02 cv 3321. Sent to Civil Dockets for docketing notation. ( signed by Judge Milton Pollack ); (rjm)
June 30, 2003 Filing 280 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL VACATING CONDITIONAL TRANSFER ORDER... The Panel has been advised that Strano was dismissed & closed in the S.D. of Florida by the Hon. Kenneth A. Marra in an order filed on 5/13/03. The Panel's conditional transfer order transferring Thomas G. Strano v Merrill Lynch & Co., Inc., etal., Case No. 0:02-61591 from the S.D. Florida & given SDNY case No. 03-4558.... filed on 6/24/03 be, and the same hereby is vacated... For the Panel: Wm. Terrell Hodges, Chairman. (rjm)
June 24, 2003 Filing 278 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL...transferring action from the U.S.D.C. for the Southern District of Florida, Docket No. 0:02-61591, to the S.D.N.Y., and with the consent of that court, assigned to the Hon. Milton Pollack for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket. Mailed letter requesting transfer of their file. (rjm)
June 16, 2003 Filing 276 REPLY MEMORANDUM by Merrill Lynch Global Technology Fund in support re: [255-1] motion to dismiss the Consolidated Amended Complaint. This Document relates to 02 cv 7854. (rjm)
June 13, 2003 Filing 275 NOTICE of attorney appearance for Henry Blodget by Marc B. Dorfman. Verification of pro hac vice admission fee payment (on copy of Order Doc. #269; recpt #476754 $25.00 pd. on 6/13/03), is attached. (rjm)
June 13, 2003 Filing 274 NOTICE of attorney appearance for Henry Blodget by Samuel J. Winer. Verification of fee payment of pro hac vice admission on copy of order Doc. #267 (recpt #476754; $25.00 pd. 6/13/03), is attached. (rjm)
June 12, 2003 Filing 273 NOTICE of attorney appearance for Defts. Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg, Donald Cecil, Roland M. Machold, Edward H. Meyer, Ronald W. Cynthia A. Montgomery, Kevin A. Ryan by Michael L. Dagley. (rjm) Modified on 06/18/2003
June 12, 2003 Filing 271 REPLY MEMORANDUM OF LAW by Henry Blodget in support re: [245-1] motion to dismiss the consolidated amended complaints in 24/7 Real Media (02cv3210) and Interliant, Inc. (02cv3321) with prejudice purs. to FRCP 9(b) and 12(b)(6), [245-2] motion Henry Blodget moves to join [228-1] motion to the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f). This Document relates to 02-3210 & 02-3221. Originals also sent to civil dockets for docketing entry. (rjm) Modified on 06/16/2003
June 12, 2003 MEMORANDUM OF LAW by Henry Blodget in support of [245-1] motion to dismiss the consolidated amended complaints in 24/7 Real Media (02cv3210) and Interliant, Inc. (02cv3321) with prejudice purs. to FRCP 9(b) and 12(b)(6), [245-2] motion Henry Blodget moves to join [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f). This Document relates to 02-3210 & 02-3221. Originals also sent to civil dockets for docketing entry. (rjm)
June 10, 2003 Filing 272 REPLY MEMORANDUM OF LAW by Merrill Lynch & Co., Merrill Lynch Pierce in further support re: [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f) as immaterial. This Document relates to 02-3210 & 02-3321. Received in N.D. Box on 6/10/03, 9:09pm. (rjm)
June 9, 2003 Opinion or Order Filing 269 ORDER granting [268-1] motion for Marc B. Dorfman to appear pro hac vice on behalf of Deft. Henry Blodget. ( signed by Judge Milton Pollack, Part I). (rjm) Modified on 06/11/2003
June 9, 2003 Filing 268 NOTICE OF MOTION by Henry Blodget for Marc B. Dorfman to appear pro hac vice on behalf of Deft. Henry Blodget . Return Date not indicated. (rjm)
June 9, 2003 Opinion or Order Filing 267 ORDER granting [266-1] motion for Samuel J. Winer to appear pro hac vice on behalf of Deft. Henry Blodget. Forwarded original doc. # to Attorney Admissions Clerk. ( signed by Judge Milton Pollack, Part I). (rjm) Modified on 06/11/2003
June 9, 2003 Filing 266 NOTICE OF MOTION by Henry Blodget for Samuel J. Winer to appear pro hac vice on behalf of Deft. Henry Blodget . Return Date not indicated. (rjm)
June 3, 2003 Filing 277 Transcript of record of proceedings before Judge Milton Pollack for the date(s) of 4/10/03, 10:30am. (rjm)
June 3, 2003 Opinion or Order ORDER granting [0-1] motion for Michael L. Dagley to appear pro hac vice on behalf of Defts. This Document relates to 02-7854. The motion this refers to is listed as Doc. No. 12 in 02-7854. This Order will receive a document number under civil case No 02-7854. ( signed by Judge Milton Pollack ); (rjm) Modified on 06/09/2003
June 3, 2003 NOTICE OF MOTION by Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg, Donald Cecil, Roland M. Machold, Edward H. Meyer, Ronald W. Forbes, Cynthia A. Montgomery, Kevin A. Ryan for Michael L. Dagley to appear pro hac vice on behalf of Defts. . This Document relates to 02 cv 7854 and is listed under that docket number as document No. 12. Return Date not indicated. (rjm)
June 2, 2003 Filing 270 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Jeffrey Black, Michael Schaeffer, Mark Racano, Daoyou Liu (Answer due 6/12/03 for Merrill Lynch & Co., for Merrill Lynch Pierce, for Henry Blodget ). This Document relates to 02 cv 7218. Jury Trial Demanded. Summons issued. (rjm)
June 2, 2003 Memo endorsed on motion; denying [258-1] motion to amend Complaint. This Document relates to 03-1430, 1429 & 2851. Sent to Civil Dockets for notation. ( signed by Judge Milton Pollack ); (rjm) Modified on 06/02/2003
June 2, 2003 Memo Endorsed on Plaintiffs RESPONSE (Document #257) to the Defts' Motion to dismiss . This Document relates to 03-1430, 1429 & 2851. Sent to Civil Dockets for notation. ( signed by Judge Milton Pollack ); (rjm) Modified on 06/02/2003
May 30, 2003 Filing 265 LEAD PTFFS' MEMORANDUM OF LAW by John Kilgour Lentell, Brett Raynes, Juliet Raynes, and all others similarly situated, in opposition to [245-1] motion to dismiss the consolidated amended complaints in 24/7 Real Media (02cv3210) and Interliant, Inc. (02cv3321) with prejudice purs. to FRCP 9(b) and 12(b)(6), [245-2] motion Henry Blodget moves to join [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f), [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f). This Document relates to 02-3210 & 02-3321. Sent to Civil Dockets for notation. (rjm)
May 28, 2003 Filing 264 CERTIFIED TRUE COPY OF SEPARATION OF CLAIMS & CONDITIONAL MDL REMAND OUT ORDER FROM THE MDL PANEL...Pursuant to 28 U.S.C. 1407, the action John Horton, etal. v Infospace, Inc., etal. SDNY, C.A. No. 1:02-8474, is remanded from the U.S.D.C.(S.D.N.Y.) to the transferor court of Washington. (rjm)
May 21, 2003 Filing 263 MEMORANDUM OF LAW by Merrill Lynch & Co., Merrill Lynch Pierce in support of [262-1] motion to dismiss The Global Technology Fund consolidated amended complaint with prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995 15USC78u-4(b), [262-2] motion to strike certain allegations purs. to FRCP 12(f) as immaterial and granting such other & further relief as this Court may deem just & proper. This document relates to 02cv7854. Sent to Civil Dockets for notation. (rjm)
May 21, 2003 Filing 262 NOTICE OF MOTION by Merrill Lynch & Co., Merrill Lynch Pierce to dismiss the consolidated amended complaint with prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995 15USC78u-4(b) , and to strike certain allegations purs. to FRCP 12(f) and granting such other & further relief as this Court may deem just & proper . Return Date 6/16/03 at 11:00. This Document relates to 02cv7854. Sent to Civil Dockets for Notation. (rjm)
May 21, 2003 Filing 261 RULE 7.1 CERTIFICATE filed by Merrill Lynch Inv. Mgrs, L.P., Merrill Lynch Funds, Princeton Services. This Document relates to 02cv7854. Copy sent to Civil Dockets for notation. (rjm)
May 16, 2003 Filing 260 MEMORANDUM of The Independent Director Defendants by Charles C. Reilly, Roscoe S. Suddarth, Edward D. Zinbarg, Donald Cecil, Roland M. Machold, Edward H. Meyer, Richard D. West, Ronald W. Forbes, Cynthia A. Montgomery, Kevin A. Ryan in support of [259-1] motion to dismiss the Consolidated Amended Complaint. This Document relates to 02cv7854. Received in N.D. Box on 5/16/03, 7:11pm. Sent to Civil Dockets for docketing notation. (rjm)
May 16, 2003 Filing 259 NOTICE OF MOTION by The Independent Director Defendants by Charles C. Reilly, Roscoe S. Suddarth, Edward D. Zinbarg, Donald Cecil, Roland M. Machold, Edward H. Meyer, Richard D. West, Ronald W. Forbes, Cynthia A. Montgomery, Kevin A. Ryan to dismiss the Consolidated Amended Complaint . Return Date 6/16/03 at 11:00. This Document relates to 02cv7854. Sent to Civil Dockets for docketing notation. Received in N.D. Box on 5/16/03, 7:11pm. (rjm)
May 16, 2003 Filing 258 MOTION by Plaintiffs Kenneth Seymour, Tom Lester, William H. Durham, M.D., Shelton Whittington, Kathryn D. Whittington, Donald T. Erwin, M.D., Mary Abell, M.D., Stogner, M.D. to amend Complaint . Return Date not indicated. This Document relates to 03-1430, 1429 & 2851. (rjm)
May 16, 2003 Filing 257 Plaintiffs' RESPONSE by Tom Lester, William H. Durham, M.D., Shelton Whittington, Kathryn D. Whittington, Donald T. Erwin, M.D., Mary Abell, M.D., Stogner, M.D. to the Defendants' Motion to Dismiss. This Document relates to 03-1430, 1429 & 2851. (rjm) Modified on 06/02/2003
May 16, 2003 Filing 256 MEMORANDUM by Merrill Lynch Global Technology Fund, Inc. in support of [255-1] motion to dismiss the Consolidated Amended Complaint. This Document relates to 02cv7854. Sent to Civil Dockets for docketing notation. (rjm)
May 16, 2003 Filing 255 NOTICE OF MOTION by Merrill Lynch Global Technology Fund, Inc. to dismiss the Consolidated Amended Complaint . Return Date 6/16/03 at 11:00. This document relates to 02cv7854. Sent to Civil Dockets for docketing notation. (rjm)
May 16, 2003 Filing 254 DECLARATION of Mark Holland by the Fund Adviser Defts' Terry K. Glenn, Donald C. Burke, Arthur Zeikel, Merrill Lynch, Princeton Services, FAM Distributors in support Re: [252-1] motion to dismiss the Consolidated Amended Complaint. This Document relates to 02cv7854. Sent to Civil Dockets for docketing notation. (rjm)
May 16, 2003 Filing 253 MEMORANDUM by the Fund Adviser Defts' Terry K. Glenn, Donald C. Burke, Arthur Zeikel, Merrill Lynch, Princeton Services, FAM Distributors in support of [252-1] motion to dismiss the Consolidated Amended Complaint. This Document relates to 02cv7854. Sent to Civil Dockets for docketing notation. (rjm)
May 16, 2003 Filing 252 NOTICE OF MOTION by The Fund Adviser Defts., Terry K. Glenn, Donald C. Burke, Arthur Zeikel, Merrill Lynch, Princeton Services, FAM Distributors to dismiss the Consolidated Amended Complaint . Return Date 6/16/03 at 11:00. This Document relates to 02cv7854. Sent to Civil Dockets for docketing notation. (rjm)
May 16, 2003 Filing 251 STIPULATION for REMAND of Docket Items by the Clerk of the SDNY to the Western District of Washington Purs. to Rule 7.6(g) of the Rules of Procedure of the JPML. (Items from 02md1484 which are listed on Attachment A of this document. (certified copies made & sent out) . This Document relates to 02cv8474. Sent to Civil Dockets for Docketing Notation. ( signed by Judge Milton Pollack ). (rjm)
May 16, 2003 Opinion or Order Filing 250 SCHEDULING ORDER Argument of the defts' Motion to Dismiss the Consolidated Amended Complaint is scheduled for Monday, 6/16/03 at 11:00am on Crtrm. 1305, subject to possible postponement to a week later (at 10:30am.) on advice from the Court . This document relates to 02cv7854. Sent to Civil Dockets for Civil Docketing Notation. ( signed by Judge Milton Pollack ). (rjm)
May 16, 2003 Opinion or Order Filing 249 SCHEDULING ORDER Argument of the Defts' Motions to dismiss the Consolidated Amended Complaints is scheduled for Monday 6/16/03 at 10:30am. in Crtrm. 1305 . This Document relates to 02cv3210 & 02cv3321. Sent to civil dockets for Docketing Notation. ( signed by Judge Milton Pollack ). (rjm)
May 16, 2003 Opinion or Order SCHEDULING ORDER:, Motion hearing [245-1] motion to dismissthe consolidated amended complaints in 24/7 Real Media (02cv3210) and Interliant, Inc. (02cv3321) with prejudice purs. to FRCP 9(b) and 12(b)(6), [245-2] motion Henry Blodget moves to join [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f), [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f) . ( signed by Judge Milton Pollack ); (rjm)
May 15, 2003 Filing 248 RULE 7.1 CERTIFICATE filed. By Stacy Foundation, Wendell R. Bird, P.C., Counsel for Stacy Fnd., (rm) Modified on 05/15/2003
May 8, 2003 Filing 247 NOTICE of Entry of Order (Separation of Claims & Conditional Remand Order) on 4/25/03, by Infospace, Inc., Tammy Halstead. This Document relates to 02cv8474. (rjm)
May 7, 2003 Filing 246 DEFT. HENRY BLODGET'S MEMORANDUM OF LAW in support of [245-1] motion to dismiss the consolidated amended complaints in Real Media (02cv3210) and Interliant, Inc. (02cv3321) with prejudice purs. to FRCP 9(b) and 12(b)(6), [245-2] motion Henry Blodget moves to join [228-1] motion to the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f). This document relates to 02-3210 & 3321. (rjm) Modified on 05/15/2003
May 7, 2003 Filing 245 NOTICE OF MOTION by Henry Blodget to dismissthe consolidated amended complaints in 24/7 Real Media (02cv3210) and Interliant, Inc. (02cv3321) with prejudice purs. to FRCP 9(b) and 12(b)(6) , and Henry Blodget moves to join [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f) . Return Date at 5/22/03, 2:00pm. This Document relates to 02 cv 3210 & 3321. (rjm) Modified on 05/15/2003
May 6, 2003 Filing 242 OPINION & DECISION # 88471, granting [217-1] motion to dismiss complaints in the actions 03-1430 & 03-1429. This Document relates to 03-1428, 03-1429, 03-1430 & 03-2851. Sent to Civil Dockets for reciprocal docket entries & to close motions where required. ( signed by Judge Milton Pollack). (rjm)
May 6, 2003 Filing 241 NOTICE that Counsel for the ptffs. Joseph D. Brasher, Mary T. Brasher make no objection to the appointment of lead ptffs in the actions pending before the USDC, SDNY, Judge Milton Pollack presiding. This document relates to 03-1281. (rjm)
May 5, 2003 Filing 244 SUPPLEMENTAL DECLARATION of Scott D. Musoff by Merrill Lynch & Co., Merrill Lynch Pierce, Kenneth Seymour in further support Re: [217-1] motion to dismiss complaints in the actions 03-1430 & 03-1429. This document relates to 03-1430, 03-1429 & 03-2851. (rjm)
May 5, 2003 Filing 243 DEFTS' MEMORANDUM OF LAW by Merrill Lynch & Co., Henry Blodget, Justin Baldauf, Kirsten Campbell, Virginia Syer Genereux, Thomas Mazzucco, Edward McCabe, Deepak Raj in further support of [217-1] motion to dismiss complaints in the actions 03-1430 & 03-1429, and in opposition to the Lester/Durham Ptffs. motion to amend their complaints. This Document relates to 03-1430, 03-1429, 03-1428 & 03-2851. (rjm)
May 5, 2003 Opinion or Order Filing 237 Order admitting attorney pro hac vice (signed by Judge Milton Pollack );Motion w/Order admitting Attorney James D. Ossyra, as pro hac vice on behalf of Deft., Henr Blodget. SO ORDERED J. POLLACK, Apr. 18, 2003. (rm) Modified on 05/19/2003
May 5, 2003 Opinion or Order Filing 236 Order admitting attorney pro hac vice (signed by Judge Milton Pollack );Motion w/Order signed on 4/18/03 admitting Attorney Douglas M. Hagerman pro hac vice on behalf of Deft., Henry Blodget. SO ORDERED J. POLLACK 4/18/03 (rm) Modified on 05/20/2003
May 2, 2003 Opinion or Order Filing 235 ORDER, Stephen & Amy Kurtzman's motion to withdraw as Lead Plaintiff is GRANTED , Michael Schaeffer is appointed lead plaintiff(s) for the Class covered by the CMGI Research Reports Class Period (the "CMGI Research Reports Class") and is represented by Lead Counsel Rabin, Murray & Frank LLP. Jeffery Black is appointed Lead Plaintiff for the class covered by the Ubid/Lycos Research Reports Class Period (the "Ubid/Lycos Research Reports Class") , Jeffery Black's selection of Finkelstein, Thompson & Loughran as additional Lead Counsel is approved , The foregoing orders are subordinated to the rulings heretofore made in 02 mdl 1484 (MP) other than the appointments which are modified herein . This Document relates to 02cv7218. Sent to civil dockets for docket notation & to Close Motion. ( signed by Judge Milton Pollack ); (rjm)
May 1, 2003 Filing 227 FIRST CONSOLIDATED AMENDED CLASS ACTION COMPLAINT for Violations of the Federal Securities Laws by Arash Saffarnia (Answer due 5/12/03 for Merrill Lynch Pierce, for Henry Blodget, for Merrill Lynch & Co. ) amending; This Document relates to 02-9931; Jury Trial Demanded; Summons issued. Sent to Civil Dockets for docketing notation. (rjm)
April 30, 2003 Filing 234 Volume V of DECLARATION of Scott D. Musoff by Merrill Lynch & Co., Merrill Lynch Pierce in support Re: [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f) as immaterial. This Document relates to 02-3210 & 02-3321. Received in N.D. Box on 4/30/03, 5:04pm. (rjm)
April 30, 2003 Filing 233 Volume IV of DECLARATION of Scott D. Musoff by Merrill Lynch & Co., Merrill Lynch Pierce in support Re: [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f) as immaterial. This Document relates to 02-3210 & 02-3321. Received in N.D. Box on 4/30/03, 5:04pm. (rjm)
April 30, 2003 Filing 232 Volume III of DECLARATION of Scott D. Musoff by Merrill Lynch & Co., Merrill Lynch Pierce in support Re: [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f) as immaterial. This Document relates to 02-3210 & 02-3321. Received in N.D. Box on 4/30/03, 5:04pm. (rjm)
April 30, 2003 Filing 231 Volume II of DECLARATION of Scott D. Musoff by Merrill Lynch & Co., Merrill Lynch Pierce in support Re: [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f) as immaterial. Received in N.D. Box on 4/30/03, 5:04pm. This Document relates to 02-3210 & 02-3321. (rjm)
April 30, 2003 Filing 230 DECLARATION of Scott D. Musoff by Merrill Lynch & Co., Merrill Lynch Pierce in support Re: [228-1] motion to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f) as immaterial. Received in N.D. Box on 4/30/03, 5:04pm. Relates to 02-3210 & 02-3321. (rjm)
April 30, 2003 Filing 229 MEMORANDUM OF LAW by Merrill Lynch & Co., Merrill Lynch Pierce in support of [228-1] motion to dismiss the 24/7 and Interliant consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b), [228-2] motion to strike certain allegations purs. to FRCP 12(f) as immaterial. This Document relates to 02-3210 & 02-3321. Received in N.D. Box on 4/30/03, 5:03pm. (rjm)
April 30, 2003 Filing 228 NOTICE OF MOTION by Merrill Lynch & Co., Merrill Lynch Pierce to dismiss the consolidated amended complaints in the actions w/prejudice purs. to FRCP 9(b) and 12(b)(6) and Section 21D of the Private Securities Litigation Reform Act of 1995, 15USC78u-4(b) , and to strike certain allegations purs. to FRCP 12(f) . Return Date 5/22/03 at 2:00. Received in N.D. Box on 4/30/03, 5:03pm. This Document relates to 02-3210 & 02-3321. (rjm)
April 28, 2003 Filing 240 SECOND AMENDED COMPLAINT by Geewax Terker & Co., James Kostopoulos, Coastline Corporation, Amir Heshmatpour, Gail LeBeau, Felipe Dela Rosa, Jr. AGAINST MERRILL LYNCH DEFENDANTS (Answer due 5/8/03 for Henry Blodget, for Merrill Lynch & Co. ); Summons issued. This Document relates to 02-8474(MP). Received in N.D. Box on 4/28/03, 5:11pm. (rjm) Modified on 05/07/2003
April 24, 2003 Filing 239 CERTIFIED TRUE COPY OF MDL TRANSFER ORDER FROM THE MDL PANEL...that pursuant, to 28 U.S.C. 1407, the action listed William H. Durham, M.D. v. Merrill Lynch & Co., etal., S.D. MISS., C.A., No. 2:02-817, pending in and the same hereby is, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Pollack for coordinated or consolidated pretrial proceedings occurring there in this docket. FOR THE PANEL:Wm. Terrell Hodges, Chairman. listed on Schedule A. (rm)
April 24, 2003 Filing 238 CERTIFIED TRUE COPY OF MDL TRANSFER ORDER FROM THE MDL PANEL...that pursuant, to 28 U.S.C. 1407, the actions Festus & Helen Stach Foundation, Inc., v. Merrill Lynch Focus Twenty Fund, Inc., etal., S.D. FL., C.A. No.:0:02-60294, and pending in and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Pollack for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket. FOR THE PANEL:Wm. Terrell Hodges, Chairman. (rm) Modified on 05/05/2003
April 24, 2003 MDL TRANSFER IN: Received certified copy of docket entries and file from the District of , Docket No.: , MDL No.: . (rm)
April 16, 2003 Filing 226 DEFTS' REPLY MEMORANDUM OF LAW by Merrill Lynch & Co., Merrill Lynch Pierce in further support re: [174-1] motion for an order purs. to FRCP 12(b)(6) dismissing the complaints for failure to state a claim upon which relief may be granted, and such other relief as the Court may deem just & proper. This Document relates to 02-4051. (rjm)
April 15, 2003 CASHIER'S OFFICE REMARK on [0-0] motion endorsed, [215-1] motion for Edward Notargiacomo to appear pro hac vice on behalf of Ptffs. in the amount of $25.00 paid on 4/15/03 Receipt # 470330. This Document relates to 02-8474. (rjm)
April 10, 2003 Filing 225 CERTIFICATE OF SERVICE of: 1) Notice of Entry of Order of Order re Order Severing Corporate Claims against Infospace, Inc. and Suggesting Remand to the Western District of Washington; 2) Notice of Entry re Order granting defts. Infospace, Inc. and Tammy Halstead's motion for withdrawal and substitution of counsel for deft. Naveen Jain as to Infospace, Inc., Naveen Jain, Tammy Halstead by overnight mail on 4/8/03 by Franchette Garcia on the courts & parties listed on the attached Service List. This document relates to 02cv8474(MP). (rjm) Modified on 04/14/2003
April 10, 2003 Filing 224 NOTICE of entry of Order by Infospace, Inc., Naveen Jain, Tammy Halstead, that on 3/27/03 the Court entered & filed the Order granting Defts. Infospace, Inc. & Tammy Halstead's motion for withdrawal & substitution of counsel for deft. Naveen Jain, a true & correct copy of which is attached as Exhibit A hereto. This document relates to 02cv8474(MP). (rjm)
April 10, 2003 Filing 223 NOTICE of Entry of Order by Infospace, Inc., Naveen Jain & Tammy Halstead that on 3/27/03, the Court entered & filed the Order Severing Corporate Claims against Infospace, Inc., and suggesting Remand to the Western District of Washington. This Document relates to 02-8474. (rjm)
April 10, 2003 Opinion or Order Filing 222 MEMORANDUM OPINION & DECISION # 88340, granting [174-1] motion for an order purs. to FRCP 12(b)(6) dismissing the complaints for failure to state a claim upon which relief may be granted, and such other relief as the Court may deem just & proper, denying [18-1] motion to remand this case (Purs. to 28 USC 1447(c)), to the Supreme Court of the State of NY for Lack of Subject Matter Jurisdiction, denying [147-1] motion to remand for lack of subject matter jurisdiction, denying [156-1] motion for an order granting Plaintiffs' Motion to Remand; and further that pursuant to Case Management Order filed on 12/9/00, Deft. is required to serve its memorandum in opposition to remand by 2/7/03, and Ptffs., are permitted to file a reply memorandum within 30 days thereafter. The Clerk of the Court shall mark each of the above four actions (respectively Nos. 02cv4051, 02cv8472, 02cv9487 & 02cv4205) as CLOSED. This Document relates to 02-4051, 8472, 9487 & 4205. ( signed by Judge Milton Pollack ). (rjm) Modified on 04/10/2003
April 4, 2003 CASHIER'S OFFICE REMARK on courtesy copy of [0-0] motion endorsed, [214-1] motion for Harry H. Schneider, Jr. to appear pro hac vice on behalf of Naveen Jain in the amount of $25.00 paid on 4/4/03 Receipt # 469555. (rjm)
March 27, 2003 Opinion or Order Filing 216 ORDER granting [128-1] motion for severance by Defts. InfoSpace, Inc. and its CEO Naveen Jain & CFO Tammy Halstead pursuant to Fed. R. Civ. P. 21, of the claims brought against them in the 6/19/01 complaint, in In Re Infospace Securities Litigation, Case # C01-0913-Z, (02-8474 in SDNY), originally filed in the W.D. Washington from the first consolidated amended complaint in the Merrill Lynch MDL Proceeding, granting [128-2] motion for remand of the severed claims against the InfoSpace Defts. to their court of origin, Western District of Washington, for further proceedings before Judge Zilly . The Washington InfoSpace ptffs. are directed to file an appropriate consolidated amended complaint on the analyst issues against the Merrill Lynch defts. in 02-8474. ( signed by Judge Milton Pollack ). This document relates to 02-8474. (rjm)
March 27, 2003 Filing 215 NOTICE OF MOTION for Edward Notargiacomo to appear pro hac vice on behalf of Ptffs. . Return Date 3/25/03 at 10:30. Affirmation of E. Notargiacomo attached. Affidavit of Maria Ciccia attached. This document relates to 02-8474. (rjm) Modified on 03/27/2003
March 27, 2003 Filing 214 NOTICE OF MOTION by Naveen Jain for Harry H. Schneider, Jr. to appear pro hac vice on behalf of Naveen Jain . Return Date not indicated. Affidavit in Support attached. This Document relates to 02-8474. (rjm)
March 27, 2003 Filing 213 NOTICE OF MOTION by Naveen Jain for withdrawal of his counsel and the substitution of Drinker Biddle & Reath LLP as his counsel . Return Date not indicated. Affidavit in Support attached. This Document relates to 02-8474. (rjm) Modified on 03/27/2003
March 27, 2003 Memo endorsed on motion; granting [213-1] motion for withdrawal of his counsel and the substitution of Drinker Biddle & Reath LLP as his counsel. ( signed by Judge Milton Pollack ). This Document relates to 02-8474. (rjm)
March 27, 2003 Memo endorsed on motion; granting [215-1] motion for Edward Notargiacomo to appear pro hac vice on behalf of Ptffs. The admission fee of $25.00 to be paid to the Cashier of the Clerks Office. This document relates to 02-8474. ( signed by Judge Milton Pollack ); (rjm)
March 27, 2003 Memo endorsed on motion; granting [214-1] motion for Harry H. Schneider, Jr. to appear pro hac vice on behalf of Naveen Jain. The $25.00 fee is to be paid to the Clerk of the Court - Cashier. ( signed by Judge Milton Pollack ). (rjm)
March 24, 2003 Filing 221 Archie Lofberg's REPLY MEMORANDUM of Law in Support of his Lead Plaintiff Motion. This Document relates to 02-10221. (rjm)
March 24, 2003 Filing 220 NOTICE of attorney appearance for Henry Blodget by James D. Ossyra. (rjm)
March 24, 2003 Filing 219 DECLARATION of Scott D. Musoff by Merrill Lynch & Co. in support Re: [217-1] motion to dismiss complaints in the actions 03-1430 & 03-1429. This Document relates to 03-1429 & 1430. (rjm)
March 24, 2003 Filing 218 MEMORANDUM OF LAW by Merrill Lynch & Co., Henry Blodget, Justin Baldauf, Kirsten Campbell, Virginia Syer Genereux, Sofia Ghachem, Thomas Mazzucco, Edward McCabe, Deepak Raj, Kenneth Seymour in support of [217-1] motion to dismiss complaints in the actions 03-1430 & 03-1429. This Document relates to 03-1429 & 1430. (rjm)
March 24, 2003 Filing 217 NOTICE OF MOTION by Merrill Lynch & Co., Henry Blodget, Justin Baldauf, Kirsten Campbell, Virginia Syer Genereux, Sofia Ghachem, Thomas Mazzucco, Edward McCabe, Deepak Raj, Kenneth Seymour to dismiss complaints in the actions 03-1430 & 03-1429 . Return Date not indicated. This Document relates to 03-1429 & 1430. (rjm)
March 22, 2003 Filing 212 Merrill Lynch's MEMORANDUM OF LAW in Response to InfoSpace Defts. [128-1] motion for severance pursuant to Fed. R. Civ. P. 21, of the claims brought against the InfoSpace Defts. in In Re Infospace Securities Litigation, Case # C01-0913-Z, originally filed in the W.D. Washington from the Merrill Lynch MDL Proceeding, [128-2] motion for remand of the severed claims against the InfoSpace Defts. to their court of origin, Western District of Washington, for further proceedings before Judge Zilly. This Document relates to 02-8474. (rjm) Modified on 03/26/2003
March 21, 2003 Opinion or Order Filing 211 CASE MANAGEMENT ORDER No. 4 The Court hereby appoints Arash Saffarnia as Lead Ptff. in this Consolidated Action subject to later modification or revision by the Court; The Court hereby approves the choice of Finkelstein, Thompson & Loughran as Lead Counsel subject to later modification or revision by the Court; That within 30 days of the date of this Order, a consolidated amended complaint shall be filed by the Lead Counsel appointed in this Order . This Document relates to 02-9931. ( signed by Judge Milton Pollack ); (rjm) Modified on 03/26/2003
March 14, 2003 Filing 208 FIRST CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS by Alex Miceli, Cranshire Capital (Answer due 3/24/03 for Merrill Lynch Pierce, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This document relates to 02-7585. (rjm)
March 14, 2003 Filing 207 CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT by Stephen E. Carter (Answer due 3/24/03 for Merrill Lynch Pierce, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-3634. (rjm)
March 14, 2003 Filing 206 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Robert Shaheen, Herman P. Triplett, Brenda S. Triplett (Answer due 3/24/03 for Merrill Lynch Pierce, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-3252. (rjm)
March 14, 2003 Filing 203 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Steven Roth, Bruce LiCausi, Robert Runyon, Jr. (Answer due 3/24/03 for Henry Blodget, for Merrill Lynch & Co. ) amending against Merrill Lynch Pierce; Summons issued. Jury Trial Demanded. This Document relates to 02-3429. (rjm) Modified on 03/28/2003
March 14, 2003 Filing 202 CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT by Richard Sherman, Linda Sherman, Ruth Manton, Ronald L. Mierzwiak, Judith A. Mierzwiak (Answer due 3/24/03 for Princeton Services, for Merrill Lynch Global, for Master Internet, for Merrill Lynch Intrn., for Merrill Lynch, for Paul G. Meeks, for Arthur Zeikel, for Edward D. Zinbarg, for Richard R. West, for Roscoe S. Suddarth, for Charles C. Reilly, for Donald C. Burke, for Terry K. Glenn, for Merrill Lynch Funds, for Merrill Lynch Inter., for Merrill Lynch & Co. ) amending against ISF, Master Internet, FAM Distributors; Summons issued. Jury Trial Demanded. This Document relates to 02-3176. (rjm)
March 14, 2003 Filing 201 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Dennis White, Richard Guest, Jeff Gerber (Answer due 3/24/03 for Dominic A. Carone, for Thomas H. Patrick, for Merrill Lynch, for George A. Schieren, for E. Stanley O'Neal, for John L. Steffens, for Ahmass L. Fakahany, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-5961. (rjm)
March 14, 2003 Filing 199 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Charles J. Lucker (Answer due 3/24/03 for Merrill Lynch, for George A. Schieren, for E. Stanley O'Neal, for John L. Steffens, for Ahmass L. Fakahany, for Merrill Lynch & Co. ) amending against Internet Architect; Summons issued. Jury Trial Demanded. This Document relates to 02-3606. (rjm)
March 14, 2003 Filing 198 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Ian Kideys (Answer due 3/24/03 for Merrill Lynch, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-6916. (rjm)
March 14, 2003 Filing 197 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Victor Parker (Answer due 3/24/03 for Merrill Lynch, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-3835. (rjm)
March 14, 2003 Filing 196 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Paolo Orlandi (Answer due 3/24/03 for Merrill Lynch, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-6914. (rjm)
March 14, 2003 Filing 195 CONSOLIDATED AND AMENDED CLASS ACTION COMPLAINT by Dennis Fortin (Answer due 3/24/03 for Merrill Lynch, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-6645. (rjm)
March 14, 2003 Filing 194 AMENDED CLASS ACTION COMPLAINT for the Federal Securities Laws by Huimin Qu, Joan Markowitz (Answer due 3/24/03 for Merrill Lynch & Co., for Merrill Lynch, for George A. Schieren, for E. Stanley O'Neal, for John L. Steffens, for Ahmass L. Fakahany ) amending against Merrill Lynch B2B, Thomas H. Patrick, Dominic A. Carone; Summons issued. Jury Trial Demanded. This Document relates to 02-5002. (rjm)
March 13, 2003 Filing 210 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by J. Marvin Brown, Doris Loder, Thomas McGee, Yvon Nepton (Answer due 3/24/03 for Merrill Lynch Pierce, for Merrill Lynch, for Henry Blodget ) amending ; Summons issued. Jury Trial Demanded. This document relates to 02-5097. (rjm)
March 13, 2003 Filing 209 AMENDED CLASS ACTION COMPLAINT by John Horoshak (Answer due 3/24/03 for Merrill Lynch Pierce, for Henry Blodget, for Merrill Lynch & Co. ) amending against Mark Kastan, Kenneth Hoexter; Summons issued. Jury Trial Demanded. This Document relates to 02-6913. (rjm)
March 13, 2003 Filing 205 FIRST AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS by Central Illinois, John D. Minnick, William T. Sharp, J.M. Thies (Answer due 3/24/03 for Merrill Lynch Pierce, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-9852. (rjm)
March 13, 2003 Filing 204 FIRST CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by John Korte (Answer due 3/24/03 for Merrill Lynch Pierce, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-6637. (rjm)
March 13, 2003 Filing 200 AMENDED CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS by Shubhro Sen, Mary Sen, Harold DuCharme (Answer due 3/24/03 for Merrill Lynch, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-3050. (rjm)
March 13, 2003 Filing 193 EXHIBITS Incorporated by Reference to Certain Consolidated Amended Complaints. This Document relates to all actions. Received in N.D. Box on 3/13/03, 5:12pm. (rjm)
March 13, 2003 Filing 192 THIRD AMENDED CLASS ACTION COMPLAINT by Jerry Conte (Answer due 3/24/03 for Merrill Lynch & Co., for Merrill Lynch, for Henry Blodget ) amending . Summons issued. Jury Trial Demanded. This Document relates to 01-6881. (rjm)
March 13, 2003 Filing 191 FIRST CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONSOF THE FEDERAL SECURITIES LAWS by John Kilgour Lentell (Answer due 3/24/03 for Merrill Lynch, for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-3210. (rjm)
March 13, 2003 Filing 187 Duplicate Original of FIRST CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS by George Sobolew, A.J. Zucarelli, Lisa Zucarelli, Eli Weinstein (Answer due 3/24/03 for Princeton Services, for Fund Asset, for Merrill Lynch Global, for Master Internet, for Merrill Lynch Intrn., for Merrill Lynch, for George A. Schieren, for E. Stanley O'Neal, for John L. Steffens, for Ahmass L. Fakahany, for Deepak Raj, for Edward McCabe, for Thomas Mazzucco, for Sofia Ghachem, for Virginia Syer Genereux, for Kirsten Campbell, for Justin Baldauf, for Paul G. Meeks, for Arthur Zeikel, for Edward D. Zinbarg, for Richard R. West, for Roscoe S. Suddarth, for Charles C. Reilly, for Donald C. Burke, for Terry K. Glenn, for Merrill Lynch Funds, for Merrill Lynch Inter., for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. This Document relates to 02-7739. (rjm)
March 13, 2003 Filing 186 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Fred Kaplan (Answer due 3/24/03 for Princeton Services, for Fund Asset, for Merrill Lynch Global, for Master Internet, for Merrill Lynch Intrn., for Merrill Lynch, for George A. Schieren, for E. Stanley O'Neal, for John L. Steffens, for Ahmass L. Fakahany, for Deepak Raj, for Edward McCabe, for Thomas Mazzucco, for Sofia Ghachem, for Virginia Syer Genereux, for Kirsten Campbell, for Justin Baldauf, for Paul G. Meeks, for Arthur Zeikel, for Edward D. Zinbarg, for Richard R. West, for Roscoe S. Suddarth, for Charles C. Reilly, for Donald C. Burke, for Terry K. Glenn, for Merrill Lynch Funds, for Merrill Lynch Inter., for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. Received in N.D. Box on 3/13/03, 5:11pm. This Document relates to 02-3042. (rjm)
March 13, 2003 Filing 185 CONSOLIDATED AMENDED COMPLAINT by Thomas A. Beaver, Charles J. Lucker, Charles Woolson (Answer due 3/24/03 for Princeton Services, for Fund Asset, for Merrill Lynch Global, for Master Internet, for Merrill Lynch Intrn., for Merrill Lynch, for George A. Schieren, for E. Stanley O'Neal, for John L. Steffens, for Ahmass L. Fakahany, for Deepak Raj, for Edward McCabe, for Thomas Mazzucco, for Sofia Ghachem, for Virginia Syer Genereux, for Kirsten Campbell, for Justin Baldauf, for Paul G. Meeks, for Arthur Zeikel, for Edward D. Zinbarg, for Richard R. West, for Roscoe S. Suddarth, for Charles C. Reilly, for Donald C. Burke, for Terry K. Glenn, for Merrill Lynch Funds, for Merrill Lynch Inter., for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued. Jury Trial Demanded. Received in N.D. Box on 3/13/03, 5:10pm. This Document relates to 02-4242. (rjm)
March 7, 2003 Filing 184 REPLY MEMORANDUM by ILJ Investments, Irlys Guy in support of [156-1] motion for an order granting Plaintiffs' Motion to Remand; and further that pursuant to Case Management Order filed on 12/9/00, Deft. is required to serve its memorandum in opposition to remand by 2/7/03, and Ptffs., are permitted to file a reply memorandum within 30 days thereafter, and in opposition to Defts' Motion to Dimiss. This Document relates to 02-9487. (rjm)
March 5, 2003 Opinion or Order Filing 190 ORDER Delaying Ruling on Motion for appointment of Stacy Foundation as Lead Plaintiff until after the Judicial Panel on Multidistrict Litigation has ruled on the pending motion to transfer the Stacy Foundation case . ( signed by Judge Milton Pollack ); (rjm)
March 5, 2003 Filing 183 NOTICE of Hearing on Motion to Sever (Motion Doc. #128) by Defts. Infospace, Inc., Naveen Jain, Tammy Halstead. Returnable 3/25/03, 10:30am. This Document relates to 02-8474. (rjm)
March 3, 2003 Filing 189 Transcript of record of proceedings before Judge Milton Pollack for the date(s) of 1/29/03, 10:40am.. (rjm)
March 3, 2003 Filing 188 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL...transferring actions from the U.S.D.C. for the Western District of Kentucky, Docket No.: 4:02-178, the Southern District of Mississippi, Docket Nos. 2:02-164 & 2:02-165 to the S.D.N.Y. and with the consent of that court, assigned to the Hon. Milton Pollack for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket. Mailed letter requesting transfer of their file. (rjm)
March 3, 2003 Filing 179 CERTIFICATE OF SERVICE of N/Appearance, Corporate Disclosure Statement, were served by facsimile and by mail, postage prepaid, to the following attorneyss: C. P. Hall, A.M. Ward, MORGAN LEWIS & BOCKIUS, LLP; K. Olin, A.J. Sabos, MORGAN LEWIS & BOCKIUS, LLP; E. J. Yodowitz, J.B. Kasner, SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP, M.E.Barkin, W.H. Harrell, Jr., TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O'NEILL & MULLIS; Attorney for Deft. Merrill Lyncg Focus Twenty Fund; and J.N. Benedict, M. Holland, M.K. Dulka, S.L. Bibighaus, CLIFFORD, CHANCE, ROGERS & WELLS;D.S.Mandel, MANDEL & MCAILILEY, LLP; Attorneys for Deft., Fund Asset Management. and by mail on the additional parties lised on the attached Panel Atty. Svc. List and Supplemental Svc. List on Feb. 13, 2003. In addition, the Corporate Disclosure Statement and N/Appearance were sent on Feb. 6, 2003 by U.S. Mail, postage prepaid, to the Clerk of the following court (and the forthcoming Opposition to Mtn. to Transfer will be sent): Clarence Maddox, Clerk USDC S.D. FLA., 299 E. Broward Blvd. Rm 108, Ftl. Lauderdale, FL 33301 and Clerk of Corut USDC SDNY 500 Pearl St. New York, NY 10007. This 6th day of Feb. 2003. By:Wendell R. Bird, P.C., Bird & Assoc., P.C. 1150 Monarch Plz. 3414 Peachtree Rd. N.E., Atl., GA. 30326. Disclosur by Stacy Foundation on 2/6/03 . . (rm)
February 26, 2003 Filing 177 CERTIFIED TRUE COPY OF MDL ORDER LIFTING STAY OF CONDITIONAL TRANSFER ORDER AND VACATING THE MARCH 27, 2003 HEARING SESSION... that the stay of the Panel's conditional transfer order designated as "CTO-3" filed on 1/13/03 is LIFTED and the action Joseph D. Brasher, etal. v. Merrill Lynch & Co., Inc., etal., E.D. Michigan, C.A. No. 4:02-40308, is transferred to the S.D.N.Y. for the coordinated or consolidated pretrial proceedings under 28 U.S.C. 1407 being conducted by the Honorable Milton Pollack. It is further ordered that the Hearing Session Order & attached Schedule filed on 2/14/03, are VACATED insofar as they relate to this action. Mailed letter requesting transfer of their file. (rjm) Modified on 02/28/2003
February 12, 2003 Filing 178 NOTICE of by Daniel R. Gerrity, Jason Cho, Joseph Falzone, Vida Chu, Edith Joan Griffins. For Notice of Change in Firm Name, Please take Notice that the law firm of Rabin & Peckel, LLP has changed its name to RABIN, MURRAY & FRANK, LLP @275 Madison Ave. New York, N.Y. 10016 Tel #(212) 682-1818;Fax (2120 682-1892, Jacqueline Sailer, Esq., Dated:New York, New York Feb. 12, 2003. (rm)
February 12, 2003 Filing 176 NOTICE of . (rm)
February 10, 2003 Filing 173 NOTICE OF VOLUNTARY DISMISSAL of Plaintiff Barbara Rizzo pursuant to Rule 41(a)(1)(i) of the F.R.C.P. to voluntarily dismiss, in its entirety, the complaint filed herein as to all named defts. in the matter 02 cv 9484. No party in this action has either answered the complaint or filed a motion for summary judgment, and no party will be prejudiced by the dismissal of this action. This Document relates to 02cv9484 (also to be docketed in 02cv9484). ( signed by Judge Milton Pollack ) (rjm)
February 10, 2003 Filing 172 NOTICE OF VOLUNTARY DISMISSAL by Plaintiff George Essenmacher pursuant to Rule 41(a)(1)(i) of the F.R.C.P. to voluntarily dismiss, in its entirety, the complaint filed herein as to all named defts. in the matter 02cv9479. No party in this action has either answered the complaint or filed a motion for summary judgment, and no party will be prejudiced by the dismissal of this action. This Document relates to 02 cv 9479 (also to be docketed in 02cv9479). ( signed by Judge Milton Pollack ) (rjm)
February 7, 2003 Filing 175 MEMORANDUM OF LAW by Merrill Lynch & Co. & Merrill Lynch Pierce Fenner & Smith Inc. in Opposition to the Remand Motions of Ciccarelli, ILJ Investments, and Smith and in support of [174-1] motion for an order purs. to FRCP 12(b)(6) dismissing the complaints for failure to state a claim upon which relief may be granted, and such other relief as the Court may deem just & proper. This Document relates to 02-4051, 8472, 9487 & 4205. Received in Night Deposit Box on 2/7/03, 5:29pm. (rjm)
February 7, 2003 Filing 174 NOTICE OF MOTION by Merrill Lynch & Co., Inc. and Merrill Lynch, Pierce, Fenner & Smith, Inc. for an order purs. to FRCP 12(b)(6) dismissing the complaints for failure to state a claim upon which relief may be granted, and such other relief as the Court may deem just & proper . Return Date 4/10/03 at 10:30. This Document relates to 02-4051, 8472, 9487 & 4205. Received in Night Deposit Box on 2/7/03, 5:27pm. (rjm)
February 5, 2003 Opinion or Order Filing 171 Case Management Order No. 3; On Dec. 9, 2002, this court entered the first Case Management Order in this litigation... In each of these consolidated actions, those shareholders who wish to be appointed Lead Plaintiff have now submitted their respective motions...the Court hereby adopts a presumption that the following plaintiffs-who, in the determination of the Court, have the largest financial interest in the relief sought by their respective classes...the Court finds are the most adequate plaintiffs for their respective consolidated actions: I. LEAD PLAINTIFFS 24/7 Real Media, Inc., 02Cv 3210 -John Kilgour Lentell; Aether Systems Inc., 02Cv 3429 - Steven Roth; B2B HOLDRs, 02Cv 5002 -Huimin Qu; CMGI Inc., 02Cv 7218 - Stephen & Amy Kurtzman; eToys Inc., 02Cv 6645 - Dennis Fortin; Excite@Home, 02Cv 3042 - Fred Kaplan; Exodus Comm., Inc., 02Cv 6914 -Paolo Orlandi; Global Tech. Fund 02Cv 7854 -Michal N. Merritt; GoTo.com 02Cv 3835 -Victor Parker; Inktomi Corp., 02 Cv 6916 - Ian Kideys; Inktomi Corp., 02Cv 7388 - Ian Kideys; Interliant, Inc., 02Cv 3321 - Brett & Juliet Raynes; Internet Architecture HOLDRs 02Cv 3606 - Charles J. Lucker; Internet Capital Group, Inc., 02Cv 3050 - Shrubhro & Mary Sen; Internet HOLDRs 02Cv 5961 - Dennis White Internet Infratructure HOLDRs 02Cv 4242 - Quentin Kapke; Internet Strategies Fund, 02Cv 3176 Ruth Manton; iVillage Inc., 02Cv 6637 John Korte; Lifeminders, 02Cv 9852 - Wllm. T. Sharp; LookSmart, Ltd. 02Cv 7739 - George Sobolew; Openwave Systems, Inc., 02Cv 3252 - Robert Shaheen; Pets.com, Inc., 02cv 3634 - Stephen E. Carter; Quokka Sports, Inc.,02Cv 7585 Class of Common Stock Purchasers Class of 7% Notes Purchasers - Alex Miceli Cranshie Capital, L.P.; Rhythms Net Connections, Inc., 02Cv 6913 - John Horoshak; Shareholders, 02Cv 5097 - J. Marvin Brown. Now therefore, it is ORDERED That: The Court has given interested plaintiffs in each class an opportunity to rebut...In accordance w/the requirements of the PSLRA, the Court hereby appoints each of the most adequate plaintiffs listed above as Lead Plaintiff in his or her respective consolidated action. This Appointment is subject to later modification or revision by the Court ; II. Lead Counsel 02 Cv 3210, 02Cv 6637, 02Cv 7739 & 02Cv 7875 Finkelstein, Thompson & Loughran; 02Cv 3429,02Cv 7218,02Cv 6914, 02Cv 5961 & 02Cv 3252 Rabin & Peckel; 02Cv 5002,02Cv 6645 & 02Cv 3634 Weiss & Yourman; 02Cv 3042,02Cv 3606 Kaplan Fox & Kilsheimer; 02 Cv 7854 Wolf Haldenstein Adler Freeman & Herz; 02Cv 3835, 02Cv 6916 & 02Cv 7388 Pomerant Haudek Block Grossman & Gross; 02Cv 3321 & 02Cv 9852 Cohen Milstein Hausfeld & Toll; 02Cv 3050 Shapiro, Haber & Urmy; 02Cv 3176 Abbey Gardy; 02Cv7585 Much Shelist Freed Denenberg Ament & R. 02Cv 6913 Beatie & Osborn; 02Cv 5097 Berger & Montague. And, it is further ORDERED That: (1) The Court hereby approves each of the above-listed choices of Lead Counsel. This approval is subject to later modification or revision by the Court. (2) Plaintiffs' Lead Counsel shall be organized into a Plaintiffs' Executive Comm., (Executive Committe.).. . ( signed by Judge Milton Pollack ); **This entry relates to 02 Cv 7388, forwarded to Civil Docketing. (kkc)
January 27, 2003 Filing 170 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-2)...transferring actions from the U.S.D.C. for the Central District of Illinois, Docket No: 3:02-3234; Eastern District of Missouri, Docket No.; 4:02-1358; Northern District of Oklahoma, Docket No.:4:02-782, to the S.D.N.Y., for the reasons stated in the order of 10/11/02 and with the consent of that court, all such actions have been assigned to the Hon. Milton Pollack. Mailed letter requesting transfer of their file. (rm) Modified on 02/07/2003
January 24, 2003 Filing 169 NOTICE of Change of Address that effective February 1, 2003 the address & telephone & facsimile numbers of Much Shelist Freed Denenberg Ament & Rubenstein, P.C., counsel for Proposed Lead Ptff. Zvi Trading Corp. Employees' Money Purchase Pension Plan, will change to: Much Shelist Freed Denenberg Ament & Rubenstein, P.C. 191 North Wacker Drive, Ste. 1800 Chicago, Illinois 60606-1615 Telephone: (312) 521-2000 Facsimile: (312) 521-2100. (rjm)
January 22, 2003 Filing 168 CERTIFICATE OF SERVICE of Notice of Conference as to Merrill Lynch & Co. by facsimile on 1/21/03 on all of the parties on the attached service list. (rjm)
January 16, 2003 Filing 167 SUPPLEMENTAL MEMORANDUM OF LAW in further support of J. Marvin Brown's Motion for Appointment of Lead Plaintiff & for Approval of Counsel. This Document relates to 02 cv 5097. Sent to civil docketing unit for reciprocal docket entry. (rjm)
January 16, 2003 Filing 166 DECLARATION of Michael L. Dagley, Esq. by Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg in support Re: [164-1] motion for Michael L. Dagley to appear pro hac vice, purs. to Civil Rule 1.3(c), on behalf of Defts. C. Reilly, R. Suddarth, R. West & E. Zinbarg. This Document relates to 02 cv 3176. Sent to civil docketing unit for reciprocal docket entry. (rjm)
January 16, 2003 Filing 165 DECLARATION of Hugo A. Hilgendorff by Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg in support Re: [164-1] motion for Michael L. Dagley to appear pro hac vice, purs. to Civil Rule 1.3(c), on behalf of Defts. C. Reilly, R. Suddarth, R. West & E. Zinbarg. This Document relates to 02 cv 3176. Sent to civil docketing unit for reciprocal docket entry. (rjm)
January 16, 2003 Filing 164 NOTICE OF MOTION by Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg for Michael L. Dagley to appear pro hac vice, purs. to Civil Rule 1.3(c), on behalf of Defts. C. Reilly, R. Suddarth, R. West & E. Zinbarg . Return Date not specified. This Document relates to 02 cv 3176. Taken to civil dockets for reciprocal docketing entry. Proposed Order attached. (rjm)
January 16, 2003 Filing 163 SUBMISSION by the Merrill Lynch Internet Strategies Group: Richard & Linda Sherman, Lewis Wilder, Ronald & Judith Mierzwiak & Ruth Manton, Regarding Appointment of Lead Plaintiff and The Approval of Lead Plaintiff's Selection of Lead Counsel. This Document relates to 02 cv 3176. Proposed Order attached. Sent to Civil Docketing Unit for reciprocal docketing entry. (rjm) Modified on 01/29/2003
January 15, 2003 Filing 162 NOTICE OF SUBSTITUTION OF ATTORNEY for Ian Kideys. (Terminated attorney Sandy A. Liebhard for Ian Kideys) Added attorney Stanley M. Grossman, Frederic Scott Fox, Jack I. Zwick. Received in Night Deposit Box on 1/15/03, 5:32pm. This Document relates to In Re Merrill Lynch & Co., Inc. Inktomi Research Reports Securities Litigation - 02cv6916. Sent to Civil Dockets for reciprocal docketing entry. (rjm)
January 14, 2003 Filing 161 DECLARATION of Susan R. Schwaiger by Central Illinois, Thomas Ball, Warren G. Bullock, Bullock & Yeager, Michael P. Crossen, John R. Graham, Adi R. Guzdar, Dinshaw Adi Guzdar, Bush Helzberg, Kent Kearney, Douglas Knittle, Mick Miller, John D. Minnick, Norman Nelson, Dan Porter, Jim Sharp, Thomas Sharp, William T. Sharp, Niels Sorenson, J.M. Thies in support Re: [159-1] motion for appointment of movant Central Illinois, movant Thomas Ball, movant Warren G. Bullock, movant Bullock & Yeager, movant Michael P. movant John R. Graham, movant Adi R. Guzdar, movant Dinshaw Adi Guzdar, movant Bush Helzberg, movant Kent Kearney, movant Douglas Knittle, movant Mick Miller, movant John D. Minnick, movant Norman Nelson, movant Dan Porter, movant Sharp, movant Thomas Sharp, movant William T. Sharp, movant Niels Sorenson, movant J.M. Thies to serve as lead plaintiff(s), [159-2] motion for approval of Lead Plaintiffs' choice of Co-Lead Counsel. This Matter relates to In Re Merrill Lynch & Co., Inc. Lifeminders Research Reports Securities Litigation; 02 cv 9852. Received in Night Deposit Box on 1/14/03, 7:28pm. (rjm)
January 14, 2003 Filing 160 MEMORANDUM OF LAW by Central Illinois, Thomas Ball, Warren G. Bullock, Bullock & Yeager, Michael P. Crossen, John R. Graham, Adi R. Guzdar, Dinshaw Adi Guzdar, Bush Helzberg, Kent Kearney, Douglas Knittle, Mick Miller, John D. Minnick, Norman Nelson, Dan Porter, Jim Sharp, Thomas Sharp, William T. Sharp, Niels Sorenson, J.M. Thies in support of [159-1] motion for appointment of movant Central Illinois, movant Thomas Ball, movant Warren G. Bullock, movant Bullock & Yeager, movant Michael P. movant John R. Graham, movant Adi R. Guzdar, movant Dinshaw Adi Guzdar, movant Bush Helzberg, movant Kent Kearney, movant Douglas Knittle, movant Mick Miller, movant John D. Minnick, movant Norman Nelson, movant Dan Porter, movant Sharp, movant Thomas Sharp, movant William T. Sharp, movant Niels Sorenson, movant J.M. Thies to serve as lead plaintiff(s), [159-2] motion for approval of Lead Plaintiffs' choice of Co-Lead Counsel. This Matter relates to In Re Merrill Lynch & Co., Inc. Lifeminders Research Reports Securities Litigation: 02 cv 9853. Received in Night Deposit Box on 1/14/03, 7:28pm. (rjm)
January 14, 2003 Filing 159 NOTICE OF MOTION & MOTION of Central Illinois, Thomas Ball, Warren G. Bullock, Bullock & Yeager, Michael P. Crossen, John R. Graham, Adi R. Guzdar, Dinshaw Adi Guzdar, Bush Helzberg, Kent Kearney, Douglas Knittle, Mick Miller, John D. Norman Nelson, Dan Porter, Jim Sharp, Thomas Sharp, William T. Sharp, Niels Sorenson, J.M. Thies for appointment of movant Central Illinois, movant Thomas Ball, movant Warren G. Bullock, movant Bullock & Yeager, movant Michael P. movant John R. Graham, movant Adi R. Guzdar, movant Dinshaw Adi Guzdar, movant Bush Helzberg, movant Kent Kearney, movant Douglas Knittle, movant Mick Miller, movant John D. Minnick, movant Norman Nelson, movant Dan Porter, movant Sharp, movant Thomas Sharp, movant William T. Sharp, movant Niels Sorenson, movant J.M. Thies to serve as lead plaintiff(s) , and for approval of Lead Plaintiffs' choice of Co-Lead Counsel . Return Date not specified. This Document relates to In Re Merrill Lynch & Co., Inc. Lifeminders Research Reports Securities Litigation; 02 cv 9852. Proposed Order attached. Received in Night Deposit Box on 1/14/03, 7:28pm. (rjm) Modified on 01/16/2003
January 13, 2003 Filing 158 DECLARATION of Ira Neil Richards by ILJ Investments, Irlys Guy in support Re: [156-1] motion for an order granting Plaintiffs' Motion to Remand; and further that pursuant to Case Management Order filed on 12/9/00, Deft. is required to serve its memorandum in opposition to remand by 2/7/03, and Ptffs., are permitted to file a reply memorandum within 30 days thereafter. This Document relates to 02cv9487(MP). (rjm)
January 13, 2003 Filing 157 MEMORANDUM OF LAW by ILJ Investments, Irlys Guy in support of [156-1] motion for an order granting Plaintiffs' Motion to Remand; and further that pursuant to Case Management Order filed on 12/9/00, Deft. is required to serve its memorandum in opposition to remand by 2/7/03, and Ptffs., are permitted to file a reply memorandum within 30 days thereafter. This Document relates to 02 cv 9487. (rjm)
January 13, 2003 Filing 156 NOTICE OF MOTION by Ptffs. ILJ Investments, Irlys Guy for an order granting Plaintiffs' Motion to Remand; and further that pursuant to Case Management Order filed on 12/9/00, Deft. is required to serve its memorandum in opposition to remand by 2/7/03, and Ptffs., are permitted to file a reply memorandum within 30 days thereafter . Return Date not specified. This Document relates to 02cv9487(MP) of which duplicate originals have been sent for docketing under that docket number. Proposed Order attached. (rjm) Modified on 01/13/2003
December 31, 2002 Filing 155 Transcript of record of proceedings before Judge Milton Pollack for the date(s) of November 19, 2002, @10:50a.m. (rm)
December 31, 2002 Filing 154 Transcript of record of proceedings before Judge Milton Pollack for the date(s) of November 19, 2002, @10:50a.m. (rm)
December 26, 2002 Filing 153 CERTIFICATE OF SERVICE of Case Management Order #2 and Consolidation Order bt first class on all parties on the attached service list by Joanne Gaboriault, Esq.,. (rm)
December 26, 2002 Filing 152 CERTIFICATE OF SERVICE of Case Management Order #2 by first class mail on all of the parties on the attached service list. By Joanne Gaboriault, Esq., on 12/19/02 . (rm)
December 26, 2002 Filing 151 CERTIFICATE OF SERVICE of attached Case Management Order #2 and Consolidation Order by facsimile on all of the parties on the attached facsimile service list on Dec. 23, 2002. by Joanne Gaboriault, Esq., (rm)
December 24, 2002 Opinion or Order Filing 150 CONSOLIDATION ORDER, Pursuant to F.R.C.P. 42, Section 21(D)(a)(3)(B)(ii) of the Exchange Act and/or Section 27(a)(3)(B)(ii) of the Securities Act, the following additional actions shall be consolidated: 02cv9931(MP), 02cv9852(MP), 02cv7585(MP), 02cv9585(MP), and as further set forth in said order . ( signed by Judge Milton Pollack ); (rjm)
December 24, 2002 Opinion or Order Filing 149 Case Management Order No. 2, Appointment of Lead Plaintiffs & Lead Counsel appointing any plaintiff who seeks to be appointed Lead Plaintiff in any of the consolidated actions upon filing of any further final submissions which are to be received at the courthouse by noon on January 16, 2003, and as further set forth in said order . ( signed by Judge Milton Pollack ); (rjm) Modified on 12/26/2002
December 17, 2002 Filing 148 MEMORANDUM OF LAW by Elisha Ciccarelli in support of [147-1] motion to remand for lack of subject matter jurisdiction . (rjm)
December 17, 2002 Filing 147 PLAINTIFF'S MOTION by Elisha Ciccarelli to remand for lack of subject matter jurisdiction . Oral Argument requested. Return Date not indicated. Proposed Order attached. (rjm) Modified on 12/18/2002
December 17, 2002 Filing 146 TRUE CERTIFIED COPY OF ORDER LIFTING STAY OF CONDITIONAL TRANSFER ORDER that the stay of the Panel's conditional transfer order designated as "CTO-1" filed on 11/4/02, is LIFTED insofar as it relates to John Doe #1, etal. v Merrill Lynch & Co., Inc., etal., N.D. West Virginia, C.A. No. 5:02-113, and thus the action is transferred to the Southern District of New York for inclusion in the coordinated or consolidated pretrial proceedings under 28USC1407 being conducted by the Hon. Milton Pollack . (Michael J. Beck, Clerk of the Panel); (rjm)
December 16, 2002 Filing 145 DECLARATION of Robert B. Weintraub by Rae Dorin-Tanno, Michael N. Merritt in support of Dorin-Tanno Lead Ptffs. [143-1] motion for appointment of movants Rae Dorin-Tanno, movant Michael N. Merritt to serve as lead plaintiff(s), [143-2] motion for approval of selection of Lead Counsel. Received in Night Deposit Box on 12/16/02, 6:26pm. This Document relates to 02 cv 7854. (rjm)
December 16, 2002 Filing 144 MEMORANDUM OF LAW by Rae Dorin-Tanno, Michael N. Merritt in support of Dorin-Tanno Lead Ptffs. [143-1] motion for appointment of movants Rae Dorin-Tanno, movant Michael N. Merritt to serve as lead plaintiff(s), [143-2] motion for approval of selection of Lead Counsel. Received in Night Deposit Box on 12/16/02, 6:26pm. This Document relates to 02 cv 7854. (rjm)
December 16, 2002 Filing 143 MOTION of the Dorin-Tanno Lead Plaintiffs by Rae Dorin-Tanno, Michael N. Merritt for appointment of movants Rae Dorin-Tanno, movant Michael N. Merritt to serve as lead plaintiff(s) , and for approval of selection of Lead Counsel . Return Date not specified. Received 12/16/02, 6:26pm. This Document relates to 02 cv 7854. Proposed Order attached. (rjm)
December 13, 2002 Filing 142 INFOSPACE PLAINTIFFS' MEMORANDUM OF LAW in opposition to The Infospace Defts' [128-1] motion for severance pursuant to Fed. R. Civ. P. 21, of the claims brought against the InfoSpace Defts. in In Re Infospace Securities Litigation, Case # C01-0913-Z, originally filed in the W.D. Washington from the Merrill Lynch MDL Proceeding, [128-2] motion for remand of the severed claims against the InfoSpace Defts. to their court of origin, Western District of Washington, for further proceedings before Judge Zilly. Received in Night Deposit Box on 12/13/02, 7:59pm. This Document relates to 02 cv 8474. (rjm)
December 11, 2002 Filing 141 DEFT. MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED'S LOCAL RULE 1.9 CERTIFICATE that Deft. Merrill Lynch, Pierce, Fenner & Smith, Incorporated states that Merrill Lynch & Co., Inc. is the parent company of Merrill Lynch, Pierce, Fenner & Smith, Inc. Merrill Lynch & Co., Inc. is a publicly held company whose shares are traded on the NYSE. that . (rjm)
December 11, 2002 Filing 140 RULE 1.9 CERTIFICATE filed by Merrill Lynch & Co., Inc. states that it is a publicly held company whose shares are traded on the NYSE. Merrill Lynch & Co., Inc. has no parent companies. (rjm)
December 9, 2002 Opinion or Order Filing 133 CASE MANAGEMENT ORDER #1, A Master File is hereby established for the coordinated proceedings of all of the actions identified in this Order and any subsequently filed or transferred actions under the caption: IN RE MERRILL LYNCH & CO., INC RESEARCH REPORTS SECURITIES LITIGATION: 02 MDL 1484. All pleadings shall be filed in the Master File and in the file for applicable actions. The following actions on behalf of purchasers of the common stock of 24/7 Real Media, Inc. are hereby consolidated for all purposes: 02-CV-3714(MP) 02-CV-3210(MP), 02-CV-3759(MP), 02-CV-6011(MP), 02-CV-4674(MP), and 02-CV-4287(MP). The consolidated actions shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. 24/7 Real Media, Inc. Research Reports Securities Litigation, with filings entered under the lead case No. 02-CV-3210 (MP). The following actions on behalf purchasers of the common stock of Aether Systems Inc. are hereby consolidated for all purposes: 02-CV-3513(MP), 02-CV-3466(MP), 02-CV-3429(MP), 02-CV-6918(MP) 02-CV-5056(MP), and 02-CV-3975(MP). The consolidated actions shall be carried in the Clerk's office and known as the In re Merrill Lynch Co., Inc. Aether Systems Inc. Research Reports Securities Litigation, with filings under the lead case No. 02-CV-3429 (MP). Cases transferred by the MDL Panel shall be, if all parties consent, consolidated with 02- CV-3429(MP) and, if all parties do not consent to consolidation, the applicable action shall be stayed until further order of the Court: 02-CV-9472, 02-CV-9491, 02-CV-9486, 02-CV-9483, 02-CV-9495. The following actions on behalf of purchasers of depositary receipts of the Lynch B2B HOLDRs/SM Trust are hereby consolidated for all purposes: 02-CV-6187(MP), 02-CV-5002(MP), 02-CV-5463(MP). The consolidated actions shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. B2B HOLDRs Securities Litigation, with filings entered under the lead case No.02-CV-5002(MP). The following actions on behalf of purchasers of the common stock of CMGI Inc. are hereby consolidated for all purposes: 02-CV-7507(MP), 02-CV-8370(MP), 02-CV-7218(MP), 02-CV-8309(MP), 02-CV-7717(MP), and 02-CV-7682(MP). The consolidated actions shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. CMGI Inc. Research Reports Securities Litigation, with filings to be entered in the lead case No. 02-CV- 7218(MP). The following actions, brought other jurisdictions on behalf of purchasers of the common stock of CMGI, Inc. and transferred to this Court by order of the Judicial Panel on Multidistrict Litigation shall be, if all parties consent, consolidated with 02-CV-7218(MP) and, if all parties do not consent to consolidation, the applicable action shall be stayed until further order of Court: 02-CV-9481, 02-CV-9475 The action captioned Gorlovetsky v. Merrill Lynch & Co., Inc. and Henry Blodget, 02-CV-6645(MP) brought on behalf of purchasers of the common stock of eToys Inc. shall be carried in the Clerk's office and known as In re Merrill Lynch & Co., Inc. eToys Inc. Research Reports Securities Litigation, 02-CV-6645 (MP). The following actions, brought in other jurisdictions on behalf of purchasers of the common stock of eToys Inc. and transferred to this Court by order of the Judicial Panel on Multidistrict Litigation shall be, if all parties consent, consolidated with 02-CV-6645(MP) and, if all parties do not consent to consolidation, the applicable action shall be stayed until further order of the Court: 02-CV-9474, 02-CV-9473, 02-CV-9477, 02-CV-9490, and 02-CV-9480. The following actions on behalf of purchasers of the common stock of At Home Corporation, business as Excite@home, are hereby consolidated for all purposes: 02-CV-3042(MP), 02-CV-3600(MP), 02-CV-4496(MP), 02-CV-3716(MP), 02-CV-4533(MP), 02-CV-3418(MP), 02-CV-3371(MP), 02-CV-4140(MP), 02-CV-4501(MP), 02-CV-3509(MP), 02-CV-3189(MP), 02-CV-3410(MP), 02-CV-4237(MP), 02-CV-4228(MP), and 02-CV-3934(MP). The consolidated actions shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. Excite@home Research Reports Securities Litigation, with filings entered under the lead case No. 02-CV- 3042 (MP). The following actions on behalf of purchasers of the common stock of Exodus Communications, Inc. are hereby consolidated for all purposes: 02-CV-8549(MP), 02-CV-7578(MP) 02-CV-7581(MP) 02-CV-7387(MP) 02-CV-8372(MP) 02-CV-7365(MP) 02-CV-8549(MP) 02-CV-6914(MP) 02-CV-7022(MP) 02-CV-8146(MP) 02-CV-9261 02-CV-7856. The consolidated actions shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. Exodus Communications, Inc. Research Reports Securities Litigation, with filings to be entered under the lead case No. 02-CV-6914(MP). The action captioned Merritt v. Merrill Lynch & Co., Inc. et al., 02- CV-7854(MP) brought on behalf of purchasers of the Merrill Lynch Global Technology Fund, Inc. shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. Global Technology Fund Securities Litigation, 02-CV-7854(MP). The following actions on behalf of purchasers of the common stock of GoTo.com are hereby consolidated for all purposes: 02-CV-4240(MP) 02-CV-3835(MP). The consolidated actions shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. GoTo.Com Research Reports Securities Litigation, with filings to be entered under the lead case No. 02-CV-3835 (MP). The action captioned re Merrill Lynch & Co. InfoSpace Analyst Reports Securities Litigation 01-CV-6881(MP) brought on behalf of purchasers the common stock of InfoSpace, Inc. shall be carried in the Clerk's office in a separate file. The action captioned In re InfoSpace, Inc. Securities Litigation, No. C-01-0913-Z (W.D. Wash.), transferred to this Court by the JPML shall be stayed until further order of the Court. InfoSpace and any of its officers or directors named as defendants may immediately move to sever and remand the claims against them. The claims against Merrill Lynch & Co., Inc. and Henry Blodget in the following actions on behalf of purchasers of the common stock of Inktomi Corporation shall be severed and carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. Inktomi Corporation Research Reports Securities Litigation, 02-CV-6916 (MP): 02-CV-7388, 02-CV-7398, 02-CV-8610, 02-CV-8263, 02-CV-7876, 02-CV-6916, and 02-CV-8610. The above remaining claims on behalf of purchasers of the common stock of Inktomi Corporation shall be consolidated and shall be carried in the Clerk's office and known as the In re Morgan Stanley Dean Witter & Co. Inktomi Corporation Research Reports Securities Litigation, with filings entered in the lead case No. 02-CV-7388 (MP). The following on behalf of purchasers of the common stock of Interliant, Inc. are hereby consolidated for all purposes: 02-CV-3321, 02-CV-3675, 02-CV-5456, 02-CV-5039, 02-CV-4388, 02-CV-5280, 02-CV-4565, 02-CV-5517, and 02-CV-4415. The consolidated actions shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. Interliant, Inc. Research Reports Securities Litigation, with filings to be entered in lead case No. 02-CV- 3321(MP). The following actions on behalf of purchasers of depositary receipts of Internet Architecture HOLDRS SM Trust are hereby consolidated for all purposes: 02-CV-3606, and 02-CV-4708. The consolidated actions shall be carried in the Clerk's office and known as the In re Lynch & Co., Inc. Internet Architecture HOLDRs Securities Litigation, with documents to be entered under lead case 02-CV- 3606 (MP). The following actions on behalf of purchasers of the common stock of Internet Capital Group, Inc. are hereby consolidated for all purposes: 02-CV-3510, 02-CV-3372, 02-CV-3366, 02-CV-3417, 02-CV-3431, 02-CV-3599, 02-CV-4382, 02-CV-3690, 02-CV-4058, 02-CV-3715, 02-CV-6920, 02-CV-4709, 02-CV-3050, and 02-CV-3394. The consolidated actions shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. Internet Capital Group, Inc. Research Reports Securities Litigation, with documents to be filed under case No. 02-CV-3050(MP). The following actions, brought in other jurisdictions on behalf of purchasers of the common stock of Internet Capital Group, Inc. and transferred to this Court by order of the Judicial Panel on Multidistrict Litigation shall be, if all parties consent, consolidated with 02- CV-3050(MP) and, if all parties do not consent to consolidation, the applicable action shall be stayed until further order of the Court: 02-CV-9482, 02-CV-9492, 02-CV-9488, 02-CV-9495, 02-CV-9485. The following actions on behalf of purchasers of depositary receipts of Internet HOLDRs/SM Trust are hereby consolidated for all purposes: 02-CV-6603, 02-CV-6143, 02-CV-7500, 02-CV-7366, and 02-CV-5961. The consolidated actions shall be carried in the office and known as the In re Merrill Lynch & Co., Inc. Internet HOLDRs Securities Litigation, with documents to be docketed under lead case No. 02-CV-5961(MP). The following actions on behalf of purchasers of depositary receipts of Merrill Lynch Internet Infrastructure HOLDRs SM Trust are hereby consolidated for all purposes: 02-CV-5574, 02-CV-4242, 02-CV-5327, 02-CV-5239. The consolidated actions shall be carried in the office and known as the In re Merrill Lynch & Co., Inc. Internet Infrastructure HOLDRs Securities Litigation, with documents to be entered under Lead Case No. 02-CV-4242(MP). The following actions on behalf of purchasers of shares of the Merrill Lynch Internet Strategies Fund, Inc. are hereby consolidated for all purposes: 02-CV-4218, 02-CV-4679, 02-CV-5432, 02-CV-3385, 02-CV-3931, 02-CV-4907, 02-CV-5187, 02-CV-4675, and 02-CV-3176. The consolidated actions shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. Internet Strategies Securities Litigation, with documents to be entered in the lead case No.02-CV-3176 (MP). The action captioned Nizza v. Merrill Lynch & Co., Inc. and Henry Blodget, 02-CV-6637(MP), brought on behalf of purchasers of the common stock of iVillage Inc., shall be carried in the Clerk's office and kno
December 9, 2002 Filing 139 DECLARATION of Linda P. Nussbaum by George Sobolew in support Re: [137-1] motion to consolidate cases 02-7739 & 02-9368, [137-2] motion to appoint movant George Sobolew to serve as lead plaintiff(s), [137-3] motion for approval of Lead Ptff's selection of Lead & Liaison Counsel. This document relates to 02-7739 & 02-9368. Received in Night Deposit Box on 12/9/02, 7:15pm. (rjm)
December 9, 2002 Filing 138 MEMORANDUM OF LAW by George Sobolew in support of [137-1] motion to consolidate cases 02-7739 & 02-9368, [137-2] motion to appoint movant George Sobolew to serve as lead plaintiff(s), [137-3] motion for approval of Lead Ptff's selection of Lead & Liaison Counsel. This Document relates to 02-7739 & 02-9368. Received in Night Deposit Box on 12/9/02, 7:15pm. (rjm)
December 9, 2002 Filing 137 MOTION by George Sobolew to consolidate cases 02-7739 & 02-9368 , to appoint movant George Sobolew to serve as lead plaintiff(s) , and for approval of Lead Ptff's selection of Lead & Liaison Counsel . Return Date not indicated. Relates to 02-7739 & 02-9368. Received in Night Deposit Box on 12/9/02, 7:15pm. Proposed Order attached. (rjm) Modified on 12/13/2002
December 9, 2002 Filing 136 DECLARATION of Sharon Lee by Eli Weinstein in support Re: [134-1] motion to consolidate cases 02-7739 & 02-9368, [134-2] motion to appoint movant Eli Weinstein to serve as lead plaintiff(s), [134-3] motion for approval of his selection of lead counsel. This document relates to 02-7739 & 02-9368. (rjm)
December 9, 2002 Filing 135 Eli Weinstein's MEMORANDUM OF LAW in support of [134-1] motion to consolidate cases 02-7739 & 02-9368, [134-2] motion to appoint movant Eli Weinstein to serve as lead plaintiff(s), [134-3] motion for approval of his selection of lead counsel. This document relates to 02-7739 & 02-9368. (rjm)
December 9, 2002 Filing 134 NOTICE OF MOTION and MOTION by Eli Weinstein to consolidate cases 02-7739 & 02-9368 , to appoint movant Eli Weinstein to serve as lead plaintiff(s) , and for approval of his selection of lead counsel . Return Date not indicated. This document relates to 02-7739 & 02-9368. Oral Argument Requested. Proposed Order attached. (rjm) Modified on 12/13/2002
December 6, 2002 Filing 132 CERTIFICATE OF SERVICE of Case Management Order #1 as to Merrill Lynch & Co. served by first class mail on 12/4/02, on all parties on the attached service list. (rjm)
December 2, 2002 Filing 182 DECLARATION of Linda P. Nussbaum by Alex Miceli in support Re: [180-1] motion to consolidate the action 02cv7585 Troutman v Merrill Lynch & Co. with any future filed related actions, [180-2] motion to appoint movant Alex Miceli to serve as lead plaintiff(s), [180-3] motion to approve the Proposed Lead Ptff's selection of the law firm of Finkelstein, Thompson & Loughran to serve as Lead Counsel and Cohen, Milstein, Hausfeld, & Toll, PLLC to serve as Liaison Counsel. This document relates to 02-7585. Received in N.D. on 12/2/02, 6:33pm. (rjm)
December 2, 2002 Filing 181 MEMORANDUM OF LAW by Alex Miceli in support of [180-1] motion to consolidate the action 02cv7585 Troutman v Merrill Lynch & Co. with any future filed related actions, [180-2] motion to appoint movant Alex Miceli to serve as lead plaintiff(s), [180-3] motion to approve the Proposed Lead Ptff's selection of the law firm of Finkelstein, Thompson & Loughran to serve as Lead Counsel and Cohen, Milstein, Hausfeld, & Toll, PLLC to serve as Liaison Counsel. This document relates to 02-7585. Received in Night Deposit Box on 12/2/02, 6:33pm. (rjm)
December 2, 2002 Filing 180 MOTION by Alex Miceli to consolidate the action 02cv7585 Troutman v Merrill Lynch & Co. with any future filed related actions , to appoint movant Alex Miceli to serve as lead plaintiff(s) , and to approve the Proposed Lead Ptff's selection of the law firm of Finkelstein, Thompson & Loughran to serve as Lead Counsel and Cohen, Milstein, Hausfeld, & Toll, PLLC to serve as Liaison Counsel . Return Date at not specified. This document relates to 02-7585. Proposed order attached. Received in Night Deposit Box on 12/2/02, 6:33pm. (rjm)
December 2, 2002 Filing 131 DECLARATION of Douglas J. Clark by Infospace, Inc., Naveen Jain, Tammy Halstead ("The InfoSpace Defts.") in support Re: [128-1] motion for severance pursuant to Fed. R. Civ. P. 21, of the claims brought against the InfoSpace Defts. in In Re Infospace Securities Litigation, Case # C01-0913-Z, originally filed in the W.D. Washington from the Merrill Lynch MDL Proceeding, [128-2] motion for remand of the severed claims against the InfoSpace Defts. to their court of origin, Western District of Washington, for further proceedings before Judge Zilly. This Document Relates to 02 cv 8474. (rjm)
December 2, 2002 Filing 130 RULE 1.9 CERTIFICATE filed by Infospace, Inc. . (rjm)
December 2, 2002 Filing 129 MEMORANDUM OF LAW by the InfoSpace Defts. by Infospace, Inc., Naveen Jain, Tammy Halstead in support of [128-1] motion for severance pursuant to Fed. R. Civ. P. 21, of the claims brought against the InfoSpace Defts. in In Re Infospace Securities Litigation, Case # C01-0913-Z, originally filed in the W.D. Washington from the Merrill Lynch MDL Proceeding, [128-2] motion for remand of the severed claims against the InfoSpace Defts. to their court of origin, Western District of Washington, for further proceedings before Judge Zilly. This Document relates to 02 cv 8474. (rjm)
December 2, 2002 Filing 128 NOTICE OF MOTION and MOTION by Infospace, Inc., Naveen Jain, Tammy Halstead for severance pursuant to Fed. R. Civ. P. 21, of the claims brought against the InfoSpace Defts. in In Re Infospace Securities Litigation, Case # C01-0913-Z, originally filed in the W.D. Washington from the Merrill Lynch MDL Proceeding , and for remand of the severed claims against the InfoSpace Defts. to their court of origin, Western District of Washington, for further proceedings before Judge Zilly . Return Date not specified. This Document relates to 02cv8474. Appendix of unpublished authority in support of motion by the InfoSpace Defts. for Severance purs. to FRCP 21 attached. (rjm) Modified on 12/04/2002
November 26, 2002 MDL Transfer In: Received certified copy of docket entries and file, from the Western District of Washington Docket No.: 1:01-cv-913 (TSZ). (S.D.N.Y. DOCKET NO.: 1:02-cv-8474 (MP)) (dcap)
November 26, 2002 Filing 127 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1)...transferring actions from the U.S.D.C. for the District of Arizona, Docket Nos.: 2:02-1324, 1351, 1391; Central District of California, Docket Nos.: 2:02-6054, 6630; Northern District of California, Docket Nos.:3:02-2964, 3559; Southern District of California, Docket No. 3:02-1517; Middle District Florida, Docket Nos.: 8:02-1390, 1416; Southern District Florida, Docket No.: 0:02-61221; Northern Illinois, Docket No.: 1:02-5632; Maryland, Dkt No.: 1:02-2519; Michigan Eastern, Dkt Nos.: 1:02-10172, 2:02-72674; Minnesota, Docket Nos.: 0:02-1657, 1675; New Jersey, Dkt Nos.: 2:02-3037, 3834; Oregon, Dkt No.: 3:02-871; Pennsylvania Middle, Dkt No.: 1:02-1440; Tennessee Western, Dkt No.: 2:02-2527; and, Texas Northern, Dkt Nos.: 3:02-1519, 1688, 1801, to the S.D.N.Y. for the reasons in the order of 10/11/02 and with the consent of that court, assigned to the Hon. Milton Pollack. Mailed letter requesting transfer of their file. (rjm)
November 18, 2002 Filing 126 AFFIDAVIT of Eduard Korsinsky counsel for Ptffs. Richard Garland, Carolyn Dalvit, Morton Dick, & Andrew Urban Re: attached Exhibits as true & correct copies of following documents: Class action complaint by Beatie & Osborn on behalf of M. Pfeiffer & others similarly situated; Class action complaint filed by Schiffrin & Barroway LLP, on behalf of Carol Pinger & others similarly situated; Loss Chart of ptffs. R. Garland, C. Dalvit. M. Dick & A. Urban; Schedule of the purchases missing from the certification of Albert Dalvit but included in Mr. Davit's loss chart, and; Schedule of sales missing from the certification of A. Dalvit but included in Mr. Dalvit's loss chart. This Document relates to 02 cv 6919, 75029, 7906, 7714, 8374, 8475. Received in Night Deposit Box on 11/18/02, 10:32pm. (rjm)
November 18, 2002 Filing 125 MEMORANDUM by the Proposed Lead Plaintiffs Richard Garland, Carolyn Dalvit, Morton Dick & Andrew Urban ( the "Garland Group") in opposition to the Applications for Lead Plaintiff & Lead Counsel. This Document relates to 02 cv 6919, 75029, 7906, 7714, 8374 & 8475. Received in Night Deposit Box on 11/18/02, 10:31pm. (rjm)
November 18, 2002 Filing 124 SECOND AFFIDAVIT of Eduard Korsinsky counsel for Ptffs Wyn Taylor, Christpoher Brown, Mahmoud Ezzeldin, Rick Sanden, and Issa & Nanci Rabadi, Re: three attached Exhibits: Class Action complaint filed by Berstein, Liebhard & Lifshitz LLP, on behalfof James Blevins & others similarly situated; Class Action complaint by Beatie & Osborn, on behalf of Wyn Taylor & others similarly situated. Class Action complaint by Rabin & Pecket LLP, on behalf od Susan Needle & others similarly situated. This Document relates to 02 cv 6916, 7388, 7398, 7876. Received in Night Deposit Box on 11/18/02, 10:31pm. (rjm)
November 18, 2002 Filing 123 MEMORANDUM by the proposed Lead Ptffs. Wyn Taylor, Christopher Brown, Mahmoud Ezzeldin, Rick Sanden, and Issa & Nanci Rabadi (the "Taylor Group") in opposition to the Applications for Lead Plaintiff & Lead Counsel. This Document relates to 02 cv 6916, 7388, 7398 & 7876. Received in Night Deposit Box on 11/18/02, 10:31pm. (rjm)
November 18, 2002 Filing 119 MEMORANDUM IN OPPOSITION to the applications for Lead Plaintiff & Lead Counsel by Louis P. Schwartz, George Edelman, John Horoshak, John Shook, David E. Richmond, Megan Trainer, D. Robin Blair, Nancy Simon. This Document relates to 02 cv 6913. Received in Night Deposit Box on 11/18/02, 10:30pm. (rjm)
November 18, 2002 Filing 117 THE FULLER GROUP'S MEMORANDUM OF LAW in opposition to Motions of Lippold Lead Ptffs., Albert Dalvitt, and David C. Wylie to be appointed Lead Ptff. and in Support of their Motion to be appointed Lead Ptff. This Document relates to 02 cv 6919 & 7906. Received in Night Deposit Box on 11/18/02, 5:21pm. (rjm) Modified on 11/26/2002
November 15, 2002 MDL Transfer In: Received certified copy of docket entries and file, from the Western District of Texas Docket No.: 5:02-cv-00364. (S.D.N.Y. DOCKET NO.: 1:02-cv-08473 (MP)) (dcap) Modified on 04/03/2003
November 15, 2002 Filing 116 NOTICE of attorney appearance for Ronald J. Penna, Michael Osborn by Edward F. Haber, Theodore Hess-Mahan. This document relates to 02 cv 4287. (rjm)
November 14, 2002 Filing 115 AFFIDAVIT OF SERVICE of Summons & Complaint as to Merrill Lynch & Co., Henry Blodget, Morgan Stanley Dean Witter & Co., and Mary Meeker by "hand delivery" on 11/8/02 . Answer due on 11/29/02 for Merrill Lynch & Co., for Henry Blodget, Morgan Stanley Dean Witter & Co., and Mary Meeker. This Document relates to 02 cv 8825. (rjm)
November 12, 2002 MDL Transfer In: Received certified copy of docket entries and file, from the District of New Jersey Docket No.: 1:02-cv-2576. (S.D.N.Y. DOCKET NO.: 1:02-cv-8471 (MP)) (dcap) Modified on 04/03/2003
November 10, 2002 MDL Transfer In: Received certified copy of docket entries and file, from the Western District of Oklahoma Docket No.: 5:02-cv-00564 (SPF). (S.D.N.Y. DOCKET NO.: 1:02-cv-08472 (MP)) (dcap) Modified on 04/03/2003
November 8, 2002 Filing 114 CERTIFICATE OF SERVICE of Proposed Case Management Order No. 1 by Joanne Gaboriault on 11/6/02 served by first class mail on all of the parties on the attached service list. (rjm)
October 31, 2002 Filing 113 DECLARATION of Joseph P. Garland by Eli Weinstein in support Re: [111-1] motion for consolidation of cases (02 cv 6916, 7398, and 7876), [111-2] motion for appointment of movant Eli Weinstein to serve as lead plaintiff, [111-3] motion for approval of Lead Plaintiffs choice of Counsel. This document relates to 02 cv 6916, 7398, and 7876. (rjm)
October 31, 2002 Filing 112 MEMORANDUM OF LAW by Eli Weinstein in support of [111-1] motion for consolidation of cases (02 cv 6916, 7398, and 7876), [111-2] motion for appointment of movant Eli Weinstein to serve as lead plaintiff, [111-3] motion for approval of Lead Plaintiffs choice of Counsel. This Document relates to 02 cv 6916, 7398, and 7876. (rjm)
October 31, 2002 Filing 111 NOTICE OF MOTION and MOTION of Eli Weinstein for consolidation of cases (02 cv 6916, 7398, and 7876) , for appointment of movant Eli Weinstein to serve as lead plaintiff , and for approval of Lead Plaintiffs choice of Counsel . Return Date not specified. This Document relates to 02 cv 6916, 7398, and 7876. Proposed Order attached. (rjm)
October 29, 2002 Filing 118 DUPLICATE ORIGINAL OF NOTICE OF MOTION of the Individual Shareholders for appointment of movant Louis P. Schwartz, movant George Edelman, movant John Horoshak, movant John Shook, movant David E. Richmond, movant Megan Trainer, movant D. Robin Blair, movant Nancy Simon to serve as lead plaintiff(s) pursuant to Section 21d(A)(3)(B) of the Securities Exchange Act of 1934 , and for approval of their selection of Lead Counsel . This Document relates to 02 cv 6913. Received in Night Deposit Box on 10/29/02, 11:26pm. (rjm) Modified on 11/26/2002
October 29, 2002 Filing 110 DECLARATION of Donald R. Hall by Paulo Forte, George Sbordone, Mary Sbordone, Roger Chavez, Robert Sokol in support of Exodus Lead Plaintiffs' [108-1] motion to appoint movant Paulo Forte, movant George Sbordone, movant Mary Sbordone, movant Roger Chavez, movant Robert Sokol to serve as lead plaintiff(s) purs. to 21D(a)(3)(B) of the Exchange Act, [108-2] motion for approval of Lead Plaintiffs choice of Lead Counsel. This Document relates to 02 cv 6914. Received in Night Deposit Box on 10/29/02, 7:08pm. (rjm)
October 29, 2002 Filing 109 MEMORANDUM OF LAW by Paulo Forte, George Sbordone, Mary Sbordone, Roger Chavez, Robert Sokol in support of Exodus Lead Plaintiffs [108-1] motion to appoint movant Paulo Forte, movant George Sbordone, movant Mary Sbordone, movant Roger Chavez, movant Robert Sokol to serve as lead plaintiff(s) purs. to 21D(a)(3)(B) of the Exchange Act, [108-2] motion for approval of Lead Plaintiffs choice of Lead Counsel. This Document relates to 02 cv 6914. Received in Night Deposit Box on 10/29/02, 7:08pm. (rjm)
October 29, 2002 Filing 108 NOTICE OF MOTION & MOTION of Exodus Lead Plaintiffs by Paulo Forte, George Sbordone, Mary Sbordone, Roger Chavez, Robert Sokol to appoint movant Paulo Forte, movant George Sbordone, movant Mary Sbordone, movant Roger Chavez, movant Robert Sokol to serve as lead plaintiff(s) purs. to 21D(a)(3)(B) of the Exchange Act , and for approval of Lead Plaintiffs choice of Lead Counsel . Return Date not specified. This document relates to 02 cv 6914. Received in Night Deposit Box on 10/29/02, 7:08pm. (rjm) Modified on 11/14/2002
October 29, 2002 Filing 106 KEITH C. SHOFF'S MEMORANDUM OF LAW in support of his [105-1] motion for appointment of movant Keith C. Shoff to serve as lead plaintiff, [105-2] motion for approval of his selection of counsel, [105-3] motion for consolidation of related cases. This document relates to 02 cv 7022. (rjm)
October 29, 2002 Filing 105 NOTICE OF MOTION by Keith C. Shoff for appointment of movant Keith C. Shoff to serve as lead plaintiff , for approval of his selection of counsel , and for consolidation of related cases . Return Date not specified. This document relates to 02 cv 7022. Proposed Order attached. (rjm)
October 29, 2002 Filing 104 DECLARATION of Aaron L. Brody by Stanley Dabrowski, Gary Herskovitz, Patrick Hertel, W.H. Moseley, Clark Scarboro, Jerrold Sobel, Kent Sutherland, Jana Sutherland in support of the Proposed Sutherland Lead Plaintiffs' [102-1] motion for consolidation of case (02 cv 6914), [102-2] motion to appoint movant Stanley Dabrowski, movant Gary Herskovitz, movant Patrick Hertel, movant W.H. Moseley, movant Clark Scarboro, movant Jerrold Sobel, movant Kent Sutherland, movant Jana Sutherland to serve as lead plaintiff(s), [102-3] motion for approval of selection of Co-Lead Counsel. This Document relates to 02 cv 6914. Received in Night Deposit Box on 10/29/02, 8:26pm. (rjm)
October 29, 2002 Filing 103 MEMORANDUM OF LAW by Stanley Dabrowski, Gary Herskovitz, Patrick Hertel, W.H. Moseley, Clark Scarboro, Jerrold Sobel, Kent Sutherland, Jana Sutherland in support of the Proposed Sutherland Lead Plaintiffs' [102-1] motion for consolidation of case (02 cv 6914), [102-2] motion to appoint movant Stanley Dabrowski, movant Gary Herskovitz, movant Patrick Hertel, movant W.H. Moseley, movant Clark Scarboro, movant Jerrold Sobel, movant Kent Sutherland, movant Jana Sutherland to serve as lead plaintiff(s), [102-3] motion for approval of selection of Co-Lead Counsel. This Document relates to 02 cv 6914. Received in Night Deposit Box on 10/29/02, 8:26pm. (rjm)
October 29, 2002 Filing 102 MOTION of the Proposed Sutherland Lead Plaintiffs by Stanley Dabrowski, Gary Herskovitz, Patrick Hertel, W.H. Moseley, Clark Scarboro, Jerrold Sobel, Kent Sutherland, Jana Sutherland for consolidation of case (02 cv 6914) , to appoint movant Stanley Dabrowski, movant Gary Herskovitz, movant Patrick Hertel, movant W.H. Moseley, movant Clark Scarboro, movant Jerrold Sobel, movant Kent Sutherland, movant Jana Sutherland to serve as lead plaintiff(s) , and for approval of selection of Co-Lead Counsel . Return Date not specified. This Document relates to 02 cv 6914. Received in Night Deposit Box on 10/29/02, 8:26pm. Proposed Order attached. (rjm)
October 29, 2002 Filing 101 DECLARATION of Joseph R. Seidman, Jr. by Ian Kideys in support of Ian Kideys' [99-1] motion for consolidation of the related cases, [99-2] motion to appoint movant Ian Kideys to serve as lead plaintiff, [99-3] motion for approval of his selection of Lead Counsel. This document relates to 02 cv 6916, 7388, 7398, 7876, 8263, 8610. Received in Night Deposit Box on 10/29/02, 7:42pm. (rjm)
October 29, 2002 Filing 100 MEMORANDUM OF LAW of Ian Kideys in support of his [99-1] motion for consolidation of the related cases, [99-2] motion to appoint movant Ian Kideys to serve as lead plaintiff, [99-3] motion for approval of his selection of Lead Counsel. This document relates to 02 cv 6916, 7388, 7398, 7876, 8263, 8610. Received in Night Deposit Box on 10/29/02, 7:42pm. (rjm)
October 29, 2002 Filing 99 NOTICE OF MOTION of Ian Kideys for consolidation of the related cases , to appoint movant Ian Kideys to serve as lead plaintiff , and for approval of his selection of Lead Counsel . Return Date not specified. This Document relates to 02 cv 6916, 7388, 7398, 7876, 8263, and 8610. Received in Night Deposit Box on 10/29/02, 7:42pm. Proposed Order attached. (rjm)
October 29, 2002 Filing 98 DECLARATION of Aaron L. Brody by Robert E. Casali, Edward Hopper, Jacob Kohanzadeh, Richard Larson, Howard Strauss, Vincent Tomei, Marie Tomei, Ghuslaine Kukulica in support of the Proposed Kukulica Lead Plaintiffs [96-1] motion for consolidation of case (02 cv 6916), [96-2] motion for appointment of movant Robert E. Casali, movant Edward Hopper, movant Jacob Kohanzadeh, movant Richard Larson, movant Howard Strauss, movant Vincent Tomei, movant Marie Tomei, movant Ghuslaine Kukulica to serve as lead plaintiff(s), [96-3] motion for approval of selection of Co-Lead Counsel. This Document relates to 02 cv 6916. Received in Night Deposit Box on 10/29/02, 8:25pm. (rjm)
October 29, 2002 Filing 97 MEMORANDUM OF LAW by Robert E. Casali, Edward Hopper, Jacob Kohanzadeh, Richard Larson, Howard Strauss, Vincent Tomei, Marie Tomei, Ghuslaine Kukulica in support of [96-1] motion for consolidation of case (02 cv 6916), [96-2] motion for appointment of movant Robert E. Casali, movant Edward Hopper, movant Jacob Kohanzadeh, movant Richard Larson, movant Howard Strauss, movant Vincent Tomei, movant Marie Tomei, movant Ghuslaine Kukulica to serve as lead plaintiff(s), [96-3] motion for approval of selection of Co-Lead Counsel. This Document relates to 02 cv 6916. Received in Night Deposit Box on 10/29/02, 8:25pm. (rjm)
October 29, 2002 Filing 96 MOTION of the PROPOSED KUKULICA LEAD PLAINTIFFS by Robert E. Casali, Edward Hopper, Jacob Kohanzadeh, Richard Larson, Howard Strauss, Vincent Tomei, Marie Tomei, Ghuslaine Kukulica for consolidation of case (02 cv 6916) , for appointment of movant Robert E. Casali, movant Edward Hopper, movant Jacob Kohanzadeh, movant Richard Larson, movant Howard Strauss, movant Vincent Tomei, movant Marie Tomei, movant Ghuslaine Kukulica to serve as lead plaintiff(s) , and for approval of selection of Co-Lead Counsel . Return Date not specified. This Document relates to 02 cv 6916. Received in Night Deposit Box on 10/29/02, 8:25pm. Proposed Order attached. (rjm)
October 29, 2002 Filing 95 DECLARATION of Laurence D. Paskowitz by James Phillips, Jr. in support Re: [93-1] motion for appointment of movant James Phillips, Jr. to serve as lead plaintiff, [93-2] motion for approval of his selection of counsel, [93-3] motion for consolidation of related cases (02 cv 7398). This Document Relates to 02 cv 7398. Received in Night Deposit Box on 10/29/02, 5:07pm. (rjm)
October 29, 2002 Filing 94 JAMES PHILLIPS, JR'S MEMORANDUM OF LAW in support of his [93-1] motion for appointment of movant James Phillips, Jr. to serve as lead plaintiff, [93-2] motion for approval of his selection of counsel, [93-3] motion for consolidation of related cases (02 cv 7398). This Document Relates to 02 cv 7398. Received in Night Deposit Box on 10/29/02, 5:07pm. (rjm)
October 29, 2002 Filing 93 NOTICE OF MOTION by James Phillips, Jr. for appointment of movant James Phillips, Jr. to serve as lead plaintiff , for approval of his selection of counsel , and for consolidation of related cases (02 cv 7398) . Return Date not specified. This Document Relates to 02 cv 7398. Received in Night Deposit Box on 10/29/02, 5:07pm. Proposed Order attached. (rjm)
October 29, 2002 Filing 92 DECLARATION of Sharon Lee by Bruce Ungerleider, Richard Korfhage, Gary Ogasawara, Mahmoud M. Ezzeldin, Morris Liebermensch in support of Ungerleider Group's [90-1] motion to consolidate cases (02 cv 6916 & 02 cv 7876), [90-2] motion to appoint movant Bruce Ungerleider, movant Richard Korfhage, movant Gary Ogasawara, movant Mahmoud M. Ezzeldin, movant Morris Liebermensch to serve as lead plaintiff(s), [90-3] motion for approval of their selection of Lead Counsel. This Document Relates to 02 cv 6916 & 02 cv 7876. Received in Night Deposit Box on 10/29/02, 6:51pm. (rjm)
October 29, 2002 Filing 91 THE UNGERLEIDER GROUP'S MEMORANDUM OF LAW by Bruce Ungerleider, Richard Korfhage, Gary Ogasawara, Mahmoud M. Ezzeldin, Morris Liebermensch in support of their [90-1] motion to consolidate cases (02 cv 6916 & 02 cv 7876), [90-2] motion to appoint movant Bruce Ungerleider, movant Richard Korfhage, movant Gary Ogasawara, movant Mahmoud M. Ezzeldin, movant Morris Liebermensch to serve as lead plaintiff(s), [90-3] motion for approval of their selection of Lead Counsel. This Document Relates to 02 cv 6916 & 02 cv 7876. Received in Night Deposit Box on 10/29/02, 6:50pm. (rjm)
October 29, 2002 Filing 90 UNGERLEIDER GROUP'S NOTICE OF MOTION and MOTION by Bruce Ungerleider, Richard Korfhage, Gary Ogasawara, Mahmoud M. Ezzeldin, Morris Liebermensch to consolidate cases (02 cv 6916 & 02 cv 7876) , to appoint movant Bruce Ungerleider, movant Richard Korfhage, movant Gary Ogasawara, movant Mahmoud M. Ezzeldin, movant Morris Liebermensch to serve as lead plaintiff(s) , and for approval of their selection of Lead Counsel . Return Date not specified. This Document Relates to 02 cv 6916 & 02 cv 7876. Received in Night Deposit Box on 10/29/02, 6:51pm. Proposed Order attached. (rjm)
October 29, 2002 Filing 89 DECLARATION of Eric J. Belfi by Paolo Orlandi in support Re: [87-1] motion to consolidate cases (02 cv 6914 & 02 cv 7365), [87-2] motion to appoint movant Paolo Orlandi to serve as lead plaintiff, [87-3] motion for approval of his selection of lead counsel. This Document relates to 02 cv 6914 & 02 cv 7365. Received in Night Deposit Box on 10/29/02, 6:47pm. (rjm)
October 29, 2002 Filing 88 Paolo Orlandi's MEMORANDUM OF LAW in support of his [87-1] motion to consolidate cases (02 cv 6914 & 02 cv 7365), [87-2] motion to appoint movant Paolo Orlandi to serve as lead plaintiff, [87-3] motion for approval of his selection of lead counsel. This Document relates to 02 cv 6914 & 02 cv 7365. Received in Night Deposit Box on 10/29/02, 6:47pm. (rjm)
October 29, 2002 Filing 87 Paolo Orlandi's NOTICE OF MOTION and MOTION to consolidate cases (02 cv 6914 & 02 cv 7365) , to appoint movant Paolo Orlandi to serve as lead plaintiff , and for approval of his selection of lead counsel . Return Date not specified. This Document Relates to 02 cv 6914 & 02 cv 7365. Received in Night Deposit Box on 10/29/02, 6:46pm. Proposed Order attached. (rjm)
October 29, 2002 DECLARATION of Laurence D. Paskowitz by Keith C. Shoff in support Re: [105-1] motion for appointment of movant Keith C. Shoff to serve as lead plaintiff, [105-2] motion for approval of his selection of counsel, [105-3] motion for consolidation of related cases. This document relates to 02 cv 7022. (rjm)
October 28, 2002 Filing 86 DECLARATION of Sharon Lee by Stephen Kurtzman, Amy Kurtzman, Charles W. Cha in support Re: [84-1] motion to consolidate cases 02cv7218, 7682, [84-2] motion to appoint movant Stephen Kurtzman, movant Amy Kurtzman, movant Charles W. Cha to serve as lead plaintiff(s), [84-3] motion for approval of their selection of lead counsel. This Document relates to 02 cv 7218, and 7682. Received in Night Deposit Box on 10/28/02, 8:38pm. (rjm)
October 28, 2002 Filing 85 THE KURTZMAN GROUP'S MEMORANDUM OF LAW by Stephen Kurtzman, Amy Kurtzman, Charles W. Cha in support of [84-1] motion to consolidate cases 02cv7218, 7682, [84-2] motion to appoint movant Stephen Kurtzman, movant Amy Kurtzman, movant Charles W. Cha to serve as lead plaintiff(s), [84-3] motion for approval of their selection of lead counsel. Relates to 02 cv 7218, and 7682. Received in Night Deposit Box on 10/28/02, 8:38pm. (rjm)
October 28, 2002 Filing 84 KURTZMAN GROUP'S NOTICE OF MOTION AND MOTION by Stephen Kurtzman, Amy Kurtzman, Charles W. Cha to consolidate cases 02cv7218, 7682 , to appoint movant Stephen Kurtzman, movant Amy Kurtzman, movant Charles W. Cha to serve as lead plaintiff(s) , and for approval of their selection of lead counsel . Return Date not specified. Oral Argument requested. This document relates to 02 cv 7218, and 7682. Received in Night Deposit Box on 10/28/02, 8:38pm. Proposed Order is attached. (rjm)
October 28, 2002 Filing 83 DECLARATION of Klari Neuwelt by Sandra DeSantis, Gregory DeSantis, Joan Davis, Nadir Baksh in support Re: [81-1] motion for appointment of movant Sandra DeSantis, movant Gregory DeSantis, movant Joan Davis, movant Nadir Baksh to serve as lead plaintiff(s), [81-2] motion approval of Lead Plaintiffs' selection of counsel. This Document relates to 02 cv 7507, 7717, 7682, 7507 & 7218. Received in Night Deposit Box on 10/28/02, 5:59pm. (rjm)
October 28, 2002 Filing 82 MEMORANDUM OF LAW of the DeSantis Group by Sandra DeSantis, Gregory DeSantis, Joan Davis, Nadir Baksh in support of their [81-1] motion for appointment of movant Sandra DeSantis, movant Gregory DeSantis, movant Joan Davis, movant Nadir Baksh to serve as lead plaintiff(s), [81-2] motion approval of Lead Plaintiffs' selection of counsel. This Document relates to 02 cv 7507, 7717, 7682, 7507, 7218 and 8309. Received in Night Deposit Box on 10/28/02, 5:59pm. (rjm)
October 28, 2002 Filing 81 NOTICE OF MOTION by Sandra DeSantis, Gregory DeSantis, Joan Davis, Nadir Baksh for appointment of movant Sandra DeSantis, movant Gregory DeSantis, movant Joan Davis, movant Nadir Baksh to serve as lead plaintiff(s) , and approval of Lead Plaintiffs' selection of counsel . Received in Night Deposit Box on 10/28/02 5:58pm. This Document relates to 02 cv 7505, 7717, 7682, 7507, 7218 and 8309. Proposed Order attached. Return Date at . (rjm)
October 28, 2002 Filing 80 DECLARATION of Patrick A. Klingman by Robert C. Greer, Jack R. Greer in support Re: [78-1] motion for appointment movant Robert C. Greer, movant Jack R. Greer to serve as lead plaintiff(s), [78-2] motion for approval of Lead Plaintiff's selection of counsel. This Document relates to 02 cv 7578, 6914, 7022, 7387, 7365, 7581, 8146. (rjm)
October 28, 2002 Filing 79 MEMORANDUM OF LAW by Robert C. Greer, Jack R. Greer in support of [78-1] motion for appointment movant Robert C. Greer, movant Jack R. Greer to serve as lead plaintiff(s), [78-2] motion for approval of Lead Plaintiff's selection of counsel. This document relates to 02 cv 7578, 6914, 7022, 7387, 7365, 7581, 8146. (rjm)
October 28, 2002 Filing 78 NOTICE OF MOTION by Robert C. Greer, Jack R. Greer for appointment movant Robert C. Greer, movant Jack R. Greer to serve as lead plaintiff(s) , and for approval of Lead Plaintiff's selection of counsel . Return Date not specified. This Document Relates to 02 cv 7578, 6914, 7022, 7387, 7365, 7581, 8146. Proposed Order attached. (rjm) Modified on 11/12/2002
October 28, 2002 Filing 77 DECLARATION of Aaron L. Brody by Robert Adams, Satya Gupta, James Hosmer, Mark Lopez, Prena Smajlaj, Kimann Truong, Dr. Michael Schaeffer in support Re: [75-1] motion for consolidation of case 02 cv 7218, [75-2] motion for appointment of movant Robert Adams, movant Satya Gupta, movant James Hosmer, movant Mark Lopez, movant Prena Smajlaj, movant Kimann Truong, movant Dr. Michael Schaeffer to serve as lead plaintiff(s), [75-3] motion for approval of selection of Co-Lead Counsel. Relates to 02 cv 7218. Received in Night Deposit Box on 10/28/02 at 10:52pm. (rjm)
October 28, 2002 Filing 76 MEMORANDUM OF LAW by Robert Adams, Satya Gupta, James Hosmer, Mark Lopez, Prena Smajlaj, Kimann Truong, Dr. Michael Schaeffer in support of [75-1] motion for consolidation of case 02 cv 7218, [75-2] motion for appointment of movant Robert Adams, movant Satya Gupta, movant James Hosmer, movant Mark Lopez, movant Prena Smajlaj, movant Kimann Truong, movant Dr. Michael Schaeffer to serve as lead plaintiff(s), [75-3] motion for approval of selection of Co-Lead Counsel. Relates to 02 cv 7218. Received in Night Deposit Box on 10/28/02, 10:52pm. (rjm)
October 28, 2002 Filing 75 MOTION of the Proposed Schaeffer Lead Plaintiffs by Robert Adams, Satya Gupta, James Hosmer, Mark Lopez, Prena Smajlaj, Kimann Truong, Dr. Michael Schaeffer for consolidation of case 02 cv 7218 , for appointment of movant Robert Adams, movant Satya Gupta, movant James Hosmer, movant Mark Lopez, movant Prena Smajlaj, movant Kimann Truong, movant Dr. Michael Schaeffer to serve as lead plaintiff(s) , and for approval of selection of Co-Lead Counsel . Return Date not specified. Received in Night Deposit Box on 10/28/02 at 10:52pm. This matter relates to 02 cv 7218. Proposed Order attached. (rjm)
October 28, 2002 Filing 74 DECLARATION of Laurence D. Paskowitz by Sal Gambardella in support Re: [72-1] motion for appointment of movant Sal Gambardella to serve as lead plaintiff, [72-2] motion for approval of his selection of counsel, [72-3] motion for consolidation of relates case 02 cv 7507. This Relates to 02 cv 7507. Received in Night Deposit Box on 10/28/02 at 6:13pm. (rjm)
October 28, 2002 Filing 73 MEMORANDUM OF LAW by Sal Gambardella in support of [72-1] motion for appointment of movant Sal Gambardella to serve as lead plaintiff, [72-2] motion for approval of his selection of counsel, [72-3] motion for consolidation of relates case 02 cv 7507. Relates to 02 cv 7505. Received in Night Deposit Box on 10/28/02, 6:13pm. (rjm)
October 28, 2002 Filing 72 NOTICE OF MOTION by Sal Gambardella for appointment of movant Sal Gambardella to serve as lead plaintiff , for approval of his selection of counsel , and for consolidation of relates case 02 cv 7507 . Return Date not indicated. Received in Night Deposit Box on 10/28/02, 6:13pm. Relates to case No. 02 cv 7507. Proposed Order attached. (rjm)
October 28, 2002 Filing 71 DECLARATION of Linda P. Nussbaum by Jeffrey Black, Scott Hecker in support Re: [69-1] motion to consolidate case 02 cv 7717, [69-2] motion to appoint movant Jeffrey Black, movant Scott Hecker to serve as lead plaintiff(s) pursuant to 21D(a)(3)(B) of the Securities & Exchange Act of 1934, and [69-3] motion for approval of Lead Plaintiffs' selection of Co-Lead Counsel. This matter relates to 02 cv 7717. Received in Night Deposit Box on 10/28/02 at 5:41pm. (rjm)
October 28, 2002 Filing 70 MEMORANDUM OF LAW by Jeffrey Black, Scott Hecker in support of [69-1] motion to consolidate case 02 cv 7717, [69-2] motion to appoint movant Jeffrey Black, movant Scott Hecker to serve as lead plaintiff(s) pursuant to 21D(a)(3)(B) of the Securities & Exchange Act of 1934, [69-3] motion for approval of Lead Plaintiffs' selection of Co-Lead Counsel. This Matter relates to 02 cv 7717. Received in Night Deposit Box 10/28/02, 5:40pm. (rjm)
October 28, 2002 Filing 69 NOTICE OF MOTION by movants Jeffrey Black, Scott Hecker to consolidate case 02 cv 7717 , to appoint movant Jeffrey Black, movant Scott Hecker to serve as lead plaintiff(s) pursuant to 21D(a)(3)(B) of the Securities & Exchange Act of 1934 , and for approval of Lead Plaintiffs' selection of Co-Lead Counsel Return Date not indicated. This Matter relates to 02 cv 7717. Received in Night Deposit Box on 10/28/02, 5:40pm. Proposed Order attached. (rjm) Modified on 11/04/2002
October 28, 2002 Filing 68 AFFIDAVIT of Robert S. Schachter by Samuel B. Sinay in support of [66-1] motion for consolidation of cases 02cv7218, 02cv7507, 02cv7682 and 02cv7717, [66-2] motion for appointment of Samuel B. Sinay to serve as lead plaintiff, [66-3] motion for approval of Lead Plaintiffs' choice of co-lead counsel. This Document relates to 02cv7218, 7507, 7682 & 7717. (rjm)
October 28, 2002 Filing 67 MEMORANDUM OF LAW by Samuel B. Sinay in support of [66-1] motion for consolidation of cases 02cv7218, 02cv7507, 02cv7682 and 02cv7717, [66-2] motion for appointment of Samuel B. Sinay to serve as lead plaintiff, [66-3] motion for approval of Lead Plaintiffs' choice of co-lead counsel. This document relates to 02cv7218, 7507, 7682 & 7717. (rjm)
October 28, 2002 Filing 66 Proposed Lead Plaintiff Samuel B. Sinay's Notice of Motion for consolidation of cases 02cv7218, 02cv7507, 02cv7682 and 02cv7717 , for appointment of Samuel B. Sinay to serve as lead plaintiff , and for approval of Lead Plaintiffs' choice of co-lead counsel . Return Date not specified. This document relates to 02cv7218, 02cv7507, 02cv7682 & 02cv7717. (rjm)
October 28, 2002 Filing 65 DECLARATION of Joseph R. Seidman, Jr. by AFA Management Ptrs. in support Re: [63-1] motion for consolidation of related case (02-8370), [63-2] motion to appoint movant AFA Management Ptrs. to serve as lead plaintiff, [63-3] motion for approval of its selection of Lead Counsel. This Document relates to 02-8370. (rjm)
October 28, 2002 Filing 64 MEMORANDUM OF LAW by AFA Management Ptrs. in support of [63-1] motion for consolidation of related case (02-8370), [63-2] motion to appoint movant AFA Management Ptrs. to serve as lead plaintiff, [63-3] motion for approval of its selection of Lead Counsel. This document relates to 02-8370. (rjm)
October 28, 2002 Filing 63 NOTICE OF MOTION of AFA Management Ptrs. for consolidation of related case (02-8370) , to appoint movant AFA Management Ptrs. to serve as lead plaintiff , and for approval of its selection of Lead Counsel . Return Date not specified. This document relates to 02cv8370. Proposed Order attached. (rjm)
October 25, 2002 Filing 62 DECLARATION of Linda P. Nussbaum by Jan Noether, John Korte in support Re: [60-1] motion for consolidation of case 02 cv 6637, [60-2] motion for appointment of movant Jan Noether, movant John Korte to serve as lead plaintiff(s), [60-3] motion for approval of Lead Plaintiffs' choice of Co-Lead Counsel. This matter relates to 02 cv 6637. Received in [Night Deposit Box on 10/25/02, 6:13pm]. (rjm)
October 25, 2002 Filing 61 MEMORANDUM OF LAW by Jan Noether, John Korte in support of [60-1] motion for consolidation of case 02 cv 6637, [60-2] motion for appointment of movant Jan Noether, movant John Korte to serve as lead plaintiff(s), [60-3] motion for approval of Lead Plaintiffs' choice of Co-Lead Counsel. This matter relates to 02 cv 6637. Received in [Night Deposit Box on 10/25/02, 6:13pm]. (rjm)
October 25, 2002 Filing 60 NOTICE OF MOTION and MOTION of Jan Noether, John Korte for consolidation of case 02 cv 6637 , for appointment of movant Jan Noether, movant John Korte to serve as lead plaintiff(s) , and for approval of Lead Plaintiffs' choice of Co-Lead Counsel . Return Date not specified. This matter Relates to 02 cv 6637. Received in [Night Deposit Box on 10/25/02, 6:13pm]. Proposed Order attached. (rjm) Modified on 10/28/2002
October 23, 2002 Filing 57 CERTIFIED TRUE COPY OF MDL TRANSFER ORDER FROM THE MDL PANEL...that pursuant, to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New Jersey, Western District of Oklohoma, Western District of Texas, and Western District of Washingthon and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Milton Pollack for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (dcap) Modified on 11/18/2002
October 22, 2002 Filing 59 AMENDED COMPLAINT by Pennecom B.V. (Answer due 11/1/02 for Princeton Services, for Fund Asset, for Merrill Lynch Global, for Master Internet, for Merrill Lynch Intrn., for Merrill Lynch, for George A. Schieren, for E. Stanley O'Neal, for John L. Steffens, for Ahmass L. Fakahany, for Deepak Raj, for Edward McCabe, for Thomas Mazzucco, for Sofia Ghachem, for Virginia Syer Genereux, for Kirsten Campbell, for Justin Baldauf, for Paul G. Meeks, for Arthur Zeikel, for Edward D. Zinbarg, for Richard R. West, for Roscoe S. Suddarth, for Charles C. Reilly, for Donald C. Burke, for Terry K. Glenn, for Merrill Lynch Funds, for Merrill Lynch Inter., for Henry Blodget, for Merrill Lynch & Co. ) amending ; Summons issued; Jury Trial Demanded. (ae)
October 22, 2002 Filing 58 AFFIDAVIT OF SERVICE of S&C, Amended Complaint, Notice of Reassignment as to Paul A. Pittman by personal service on 10/1/02. Answer due on 10/21/02 for Paul A. Pittman. (This Document Relates to Case No. 02 cv 5355) (ae)
September 27, 2002 Filing 53 NOTICE of attorney appearance for Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg by David J. Libowsky. This document relates to 02 cv 4675. (rjm)
September 27, 2002 Filing 52 NOTICE of attorney appearance for Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg by David J. Libowsky. This Document relates to 02 cv 5432. (rjm)
September 25, 2002 Filing 122 DECLARATION of Eric J. Belfi by Dennis White in support Re: [120-1] motion to consolidate cases, [120-2] motion to appoint movant Dennis White to serve as lead plaintiff, [120-3] motion for approval of his selection of Lead Counsel . This Document relates to 02 cv 6143, 5961, 6603, 7366, 7500. Received in Miscellaneous Unit on 11/27/02. (rjm)
September 25, 2002 Filing 121 DENNIS WHITE'S MEMORANDUM OF LAW in support of his [120-1] motion to consolidate cases, [120-2] motion to appoint movant Dennis White to serve as lead plaintiff, [120-3] motion for approval of his selection of Lead Counsel. This Document relates to 02 cv 6143, 5961, 6603, 7366, 7500. Received in Miscellaneous Unit on 11/27/02. (rjm)
September 25, 2002 Filing 120 DENNIS WHITE'S NOTICE OF MOTION & MOTION to consolidate cases , to appoint movant Dennis White to serve as lead plaintiff , and for approval of his selection of Lead Counsel . Return Date not specified. This Document relates to 02 cv 6143, 5961, 6603, 7366, and 7500. Received in Miscellaneous Unit on 11/27/02. Proposed Order attached. (rjm) Modified on 11/27/2002
September 24, 2002 Filing 56 DECLARATION of Aaron L. Brody by James Berg, Debra Berg, Betroy Trust, Mehta Khusal, Elizabelth Knoth, Anirudda Kundu, Benda Sotomayor in support Re: [54-1] motion to consolidate cases 02 cv 5961, 02 cv 6143, 02 cv 6603, 02 cv 7366 & 02 cv 7500, [54-2] motion to appoint movant James Berg, movant Debra Berg, movant Betroy Trust, movant Mehta Khusal, movant Elizabelth Knoth, movant Anirudda Kundu, movant Benda Sotomayor to serve as lead plaintiff(s), [54-3] motion to approve the Khusal Lead Plaintiffs' selection of Co-Lead Counsel. Relates to 02 cv 5961, 6143, 6603, 7366 & 7500. [Received in Night Deposit Box on 9/24/02 at 11:07pm]. (rjm)
September 24, 2002 Filing 55 MEMORANDUM OF LAW by James Berg, Debra Berg, Betroy Trust, Mehta Khusal, Elizabelth Knoth, Anirudda Kundu, Benda Sotomayor in support of [54-1] motion to consolidate cases 02 cv 5961, 02 cv 6143, 02 cv 6603, 02 cv 7366 & 02 cv 7500, [54-2] motion to appoint movant James Berg, movant Debra Berg, movant Betroy Trust, movant Mehta Khusal, movant Elizabelth Knoth, movant Anirudda Kundu, movant Benda Sotomayor to serve as lead plaintiff(s), [54-3] motion to approve the Khusal Lead Plaintiffs' selection of Co-Lead Counsel. Relates to 02 cv 5961, 6143, 6603, 7366 & 7500. [Received in Night Deposit Box on 9/24/02 at 11:07p]. (rjm)
September 24, 2002 Filing 54 NOTICE OF MOTION of the Khusal Proposed Lead Plaintiffs by James Berg, Debra Berg, Betroy Trust, Mehta Khusal, Elizabelth Knoth, Anirudda Kundu, Benda Sotomayor to consolidate cases 02 cv 5961, 02 cv 6143, 02 cv 6603, 02 cv 7366 & 02 cv 7500 , to appoint movant James Berg, movant Debra Berg, movant Betroy Trust, movant Mehta Khusal, movant Elizabelth Knoth, movant Anirudda Kundu, movant Benda Sotomayor to serve as lead plaintiff(s) , to approve the Khusal Lead Plaintiffs' selection of Co-Lead Counsel . Return Date not specified. Relates to 02 cv 5961, 6143, 6603, 7366 & 7500. Proposed Order attached. [Received in night deposit box on 9/24/02 at 11:07pm]. (rjm) Modified on 10/03/2002
September 24, 2002 Filing 51 DECLARATION of Susan R. Schwaiger by Bob Raiano in support Re: [49-1] motion to consolidate cases 02 cv 5961, 02 cv 6143, 02 cv 6603, 02 cv 7366 & 02 cv 7500, [49-2] motion to appoint plaintiff Bob Raiano to serve as lead plaintiff(s), [49-3] motion to approve Raiano's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC, and Shapiro Haber & Urmy, LLP as Co-Lead Counsel. This document relates to cases 02 cv 5961, 6143, 6603, 7366 & 7500. (rjm)
September 24, 2002 Filing 50 MEMORANDUM OF LAW by Bob Raiano in support of [49-1] motion to consolidate cases 02 cv 5961, 02 cv 6143, 02 cv 6603, 02 cv 7366 & 02 cv 7500, [49-2] motion to appoint plaintiff Bob Raiano to serve as lead plaintiff(s), [49-3] motion to approve Raiano's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC, and Shapiro Haber & Urmy, LLP as Co-Lead Counsel. This Document relates to cases 02 cv 5961, 6143, 6603, 7366 & 7500. (rjm)
September 24, 2002 Filing 49 NOTICE OF MOTION and MOTION of Bob Raiano to consolidate cases 02 cv 5961, 02 cv 6143, 02 cv 6603, 02 cv 7366 & 02 cv 7500 , to appoint plaintiff Bob Raiano to serve as lead plaintiff(s) , to approve Raiano's selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC, and Shapiro Haber & Urmy, LLP as Co-Lead Counsel . Return Date not specified. Relates to 02 cv 5961, 6143, 6603, 7366 & 7500. (rjm) Modified on 09/27/2002
September 17, 2002 Filing 48 NOTICE of attorney appearance for August Family Trust by Eric J. Belfi. This document relates to 02 cv 5279. (rjm)
September 9, 2002 Filing 47 NOTICE of attorney appearance for Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg by David J. Libowsky. This document relates to 02 cv 3176. (rjm)
September 9, 2002 Filing 46 NOTICE of attorney appearance for Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg by David J. Libowsky. This document relates to 02 cv 5187. (rjm)
September 9, 2002 Filing 45 NOTICE of attorney appearance for Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg by David J. Libowsky. This document relates to 02 cv 4218. (rjm)
September 9, 2002 Filing 44 NOTICE of attorney appearance for Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg by David J. Libowsky. This document relates to 02 cv 4679. (rjm)
September 9, 2002 Filing 43 NOTICE of attorney appearance for Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg by David J. Libowsky. This Document relates to 02 cv 4907. (rjm)
September 9, 2002 Filing 42 NOTICE of attorney appearance for Charles C. Reilly, Roscoe S. Suddarth, Richard R. West, Edward D. Zinbarg by David J. Libowsky. This case Relates to 02cv3931. (rjm)
August 28, 2002 Filing 39 DECLARATION of Susan R. Schawiger by Donna Dittmar Stocker in support Re: [37-1] motion for an order consolidating all all the above-captioned related actions re: 02 Cv 5002, 02 Cv 5463, motion to appoint movant Donna Dittmar Stocker the Lead Plaintiff in this action, [37-3] motion approving her selection of the law firms of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. and Shapiro Haber & Urmy, LLP as Co-Lead Counsel. (rm) Modified on 10/07/2002
August 28, 2002 Filing 38 MEMORANDUM OF LAW by Donna Dittmar Stocker in support of [37-1] motion for an order consolidating all the above-captioned related actions re:02 Cv 5463, 02 Cv 5002, [37-2] motion to appoint movant Donna Dittmar Stocker the Lead Plaintiff in this action, [37-3] motion approving her selection of the law firms of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. and Shapiro Haber & Urmy, LLP as Co-Lead Counsel. (rm) Modified on 10/07/2002
August 28, 2002 Filing 37 NOTICE OF MOTION by Donna Dittmar Stocker for an order consolidating all the above-captioned related actions re:02 Cv 5463, 02 Cv 5002, 02 Cv 6187 , to appoint movant Donna Dittmar Stocker the Lead Plaintiff in this action , approving her selection of the law firms of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. and Shapiro Haber & Urmy, LLP as Co-Lead Counsel No Return Date Indicated. . (rm) Modified on 10/07/2002
August 13, 2002 Filing 36 DECLARATION of Donald R. Hall by Quentin Kapke, Leonard E. Jacobs, Charles J. Lucker in support Re: [34-1] motion to appoint movant Quentin Kapke, movant Leonard E. Jacobs, movant Charles J. Lucker to serve as co-lead plaintiff(s), [34-2] motion to approve selection of Lead Co-Counsel, [34-3] motion for consolidation of related cases; 02cv4242, 02cv5327 & 02cv5574 . (rjm)
August 13, 2002 Filing 35 MEMORANDUM OF LAW by Quentin Kapke, Leonard E. Jacobs, Charles J. Lucker in support of [34-1] motion to appoint movant Quentin Kapke, movant Leonard E. Jacobs, movant Charles J. Lucker to serve as co-lead plaintiff(s), [34-2] motion to approve selection of Lead Co-Counsel, [34-3] motion for consolidation of related cases; 02cv4242, 02cv5327 & 02cv5574 . (rjm)
August 13, 2002 Filing 34 NOTICE OF MOTION & MOTION of Quentin Kapke, Leonard E. Jacobs, Charles J. Lucker to appoint movant Quentin Kapke, movant Leonard E. Jacobs, movant Charles J. Lucker to serve as co-lead plaintiff(s) , to approve selection of Lead Co-Counsel ; and, for consolidation of related cases; 02cv4242, 02cv5327 & 02cv5574 . Proposed Order attached. . Return Date at . (rjm)
August 12, 2002 Filing 33 DECLARATION of Brian P. Murray by Allan R. Eisenbach, Andrew Fiske, Russell Kelley, Violeta Kelley, Kowdle Prasad, Sowmya Prasad, Huimin Qu, Lisa L. Sun in support Re: [31-1] motion for consolidation of cases 02 cv 5002, 02 cv 5463 & 02 cv 6187, [31-2] motion to appoint movant Allan R. Eisenbach, movant Andrew Fiske, movant Russell Kelley, movant Violeta Kelley, movant Kowdle Prasad, movant Sowmya Prasad, movant Huimin Qu, movant Lisa L. Sun to serve as lead plaintiff(s), [31-3] motion for approval of selection of lead counsel . This relates to docket numbers; 02 cv 5002, 02 cv 5463 & 02 cv 6187. (rjm)
August 12, 2002 Filing 32 MEMORANDUM OF LAW by Allan R. Eisenbach, Andrew Fiske, Russell Kelley, Violeta Kelley, Kowdle Prasad, Sowmya Prasad, Huimin Qu, Lisa L. Sun in support of [31-1] motion for consolidation of cases 02 cv 5002, 02 cv 5463 & 02 cv 6187, [31-2] motion to appoint movant Allan R. Eisenbach, movant Andrew Fiske, movant Russell Kelley, movant Violeta Kelley, movant Kowdle Prasad, movant Sowmya Prasad, movant Huimin Qu, movant Lisa L. Sun to serve as lead plaintiff(s), [31-3] motion for approval of selection of lead counsel . Relates to civil action numbers; 02 cv 5002, 02 cv 5463 & 02 cv 6187. (rjm)
August 12, 2002 Filing 31 NOTICE OF MOTION of the Qu Group by Allan R. Eisenbach, Andrew Fiske, Russell Kelley, Violeta Kelley, Kowdle Prasad, Sowmya Prasad, Huimin Qu, Lisa L. Sun for consolidation of cases 02 cv 5002, 02 cv 5463 & 02 cv 6187 , to appoint movant Allan R. Eisenbach, movant Andrew Fiske, movant Russell Kelley, movant Violeta Kelley, movant Kowdle Prasad, movant Sowmya Prasad, movant Huimin Qu, movant Lisa L. Sun to serve as lead plaintiff(s) , for approval of selection of lead counsel . Return Date not specified. Proposed Order attached. (rjm) Modified on 08/20/2002
August 5, 2002 Filing 30 DECLARATION of Eric J. Belfi by Stephen Fiske, Myron Flugstad, Robert Nitabach, Pat Reischmann, Edith Joan Griffins in support Re: [28-1] motion to consolidate cases, [28-2] motion to appoint movant Stephen Fiske, movant Myron Flugstad, movant Robert Nitabach, movant Pat Reischmann, movant Edith Joan Griffins to serve as lead plaintiff(s), [28-3] motion for approval of its selection of co-lead counsel. (Rec'd in night deposit box 8/5/02 8:03 PM) (rjm) Modified on 08/12/2002
August 5, 2002 Filing 29 MEMORANDUM OF LAW by Stephen Fiske, Myron Flugstad, Robert Nitabach, Pat Reischmann, Edith Joan Griffins in support of [28-1] motion to consolidate cases, [28-2] motion to appoint movant Stephen Fiske, movant Myron Flugstad, movant Robert Nitabach, movant Pat Reischmann, movant Edith Joan Griffins to serve as lead plaintiff(s), [28-3] motion for approval of its selection of co-lead counsel. (Rec'd in night deposit box 8/5/02 8:03 PM) (rjm) Modified on 08/12/2002
August 5, 2002 Filing 28 NOTICE OF MOTION by Stephen Fiske, Myron Flugstad, Robert Nitabach, Pat Reischmann, Edith Joan Griffins to consolidate cases , to appoint movant Stephen Fiske, movant Myron Flugstad, movant Robert Nitabach, movant Pat Reischmann, movant Edith Joan Griffins to serve as lead plaintiff(s) , for approval of its selection of co-lead counsel . Return Date not specified. Proposed Order is attached. (Rec'd in night deposit box 8/5/02 8:03 PM) (rjm) Modified on 08/09/2002
August 5, 2002 Filing 27 CERTIFICATE OF SERVICE of Notice of Motion & Motion of Thomas Beaver for Consolidation, Appointment of Lead Ptff., and for Approval of Lead Ptff's Choice of Co-Lead Counsel, a Memo of Law & Declaration of Susan R. Schwaiger in Support thereof, and a Proposed Order to be served by first class mail on Edward J. Yodowitz, Skadden Arps, Four Times Square, NY NY; James D. Ossyra, Foley & Lardner, Three First National Plaza 70 West Madison Street, Ste. 4100, Chicago, Ill.; Jacqueline Sailer, Rabin & Peckel, LLP 275 Madison Ave. NY NY; Aaron Lee Brody, Stull Stull & Brody, 6 East 45th Street, 5th floor, NY NY; Jonathan K. Levine, Kaplan Fox & Kilsheimer, LLP 805 Third Ave. NY NY. List as to Thomas Beaver by Susan R. Schwaiger on 8/5/02. This Matter relates to 02cv4242, 5239, 5327 & 5574 (rjm) Modified on 08/07/2002
August 5, 2002 Filing 26 DECLARATION of Susan R. Schwaiger by Thomas Beaver in support Re: [24-1] motion to consolidate cases, [24-2] motion to appoint movant Thomas Beaver to serve as lead plaintiff(s), [24-3] motion for approval of Lead Plaintiff's Choice of Co-Lead Counsel. This Matter relates to 02cv4242, 5239, 5327 & 5574 (rjm) Modified on 08/07/2002
August 5, 2002 Filing 25 MEMORANDUM OF LAW by Thomas Beaver in support of [24-1] motion to consolidate cases, [24-2] motion to appoint movant Thomas Beaver to serve as lead plaintiff(s), [24-3] motion for approval of Lead Plaintiff's Choice of Co-Lead Counsel. This Matter relates to 02cv4242, 5239, 5327 & 5574. (rjm) Modified on 08/07/2002
August 5, 2002 Filing 24 NOTICE OF MOTION by Thomas Beaver to consolidate cases , to appoint movant Thomas Beaver to serve as lead plaintiff(s) , for approval of Lead Plaintiff's Choice of Co-Lead Counsel . Return Date not specified. This Matter relates to 02cv4242, 5239, 5327 & 5574. With attached Proposed Order. (rjm) Modified on 08/07/2002
July 15, 2002 Filing 23 MEMORANDUM OF LAW by C. Anthony Martignetti Trust in support of [21-1] motion consolidating the actions 02cv3321, 3675, 4388, 4415, 4565 & 5039., [21-2] motion appointing movant C. Anthony Martignetti Trust as lead plaintiff(s) in the actions under Section 21D(a)(3)(B) of the Exchange Act; and, [21-3] motion approving Movant's selection of Lead Counsel . (rjm)
July 15, 2002 Filing 22 DECLARATION of Richard B. Brualdi, Esq. by C. Anthony Martignetti Trust in support Re: [21-1] motion consolidating the actions 02cv3321, 3675, 4388, 4415, 4565 & 5039., [21-2] motion appointing movant C. Anthony Martignetti Trust as lead plaintiff(s) in the actions under Section 21D(a)(3)(B) of the Exchange Act; and, [21-3] motion approving Movant's selection of Lead Counsel . (rjm)
July 15, 2002 Filing 21 NOTICE OF MOTION by C. Anthony Martignetti Trust 9/15/87 consolidating the actions 02cv3321, 3675, 4388, 4415, 4565 & 5039 pursuant to FRCP 42(a) , appointing movant C. Anthony Martignetti Trust as lead plaintiff(s) in the actions under Section 21D(a)(3)(B) of the Exchange Act; and , approving Movant's selection of Lead Counsel . Submitted with attached proposed order. Return Date not specified. (rjm) Modified on 08/12/2002
July 12, 2002 Filing 17 AFFIDAVIT of Patrick A. Klingman by Neil T. Moskowitz in support of [15-1] motion consolidating the cases: 02cv3321, 02cv3675, 02cv4388, 02cv4415 & 02cv4565, [15-2] motion Appointing Dr. Neil T. Moskowitz to serve as Lead Ptff. in this action, and;, [15-3] motion approving Lead Ptff's selection of Schatz & Nobel, P.C. as Lead Counsel . (rjm)
July 12, 2002 Filing 16 MEMORANDUM OF LAW by Neil T. Moskowitz in support of [15-1] motion consolidating the cases: 02cv3321, 02cv3675, 02cv4388, 02cv4415 & 02cv4565, [15-2] motion Appointing Dr. Neil T. Moskowitz to serve as Lead Ptff. in this action, and;, [15-3] motion approving Lead Ptff's selection of Schatz & Nobel, P.C. as Lead Counsel . (rjm)
July 12, 2002 Filing 15 NOTICE OF MOTION by Dr. Neil T. Moskowitz consolidating the cases: 02cv3321, 02cv3675, 02cv4388, 02cv4415 & 02cv4565 , Appointing Dr. Neil T. Moskowitz to serve as Lead Ptff. in this action, and; , approving Lead Ptff's selection of Schatz & Nobel, P.C. as Lead Counsel . Return Date not specified. With attached Proposed Order for signature. (rjm)
July 12, 2002 Filing 14 DECLARATION of Linda P. Nussbaum by Brett Raynes, Juliet Raynes in support Re: [12-1] motion to consolidate the related cases 02cv3321, 02cv3675, 02cv4388, 02cv4415 & 02cv4565, [12-2] motion appointing Brett & Juliet Raynes as the Lead Ptffs. in this action; and, [12-3] motion approving their selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC & Shapiro Haber & Urmy, LLP as Co-Lead Counsel. Received in Night Deposit Box on 7/12/02 at 5:10pm]. (rjm) Modified on 08/12/2002
July 12, 2002 Filing 13 MEMORANDUM OF LAW by Brett Raynes, Juliet Raynes in support of [12-1] motion to consolidate the related cases 02cv3321, 02cv3675, 02cv4388, 02cv4415 & 02cv4565, [12-2] motion appointing Brett & Juliet Raynes as the Lead Ptffs. in this action; and, [12-3] motion approving their selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC & Shapiro Haber & Urmy, LLP as Co-Lead Counsel. [Received in Night Deposit Box on 7/12/02 at 5:10pm]. (rjm) Modified on 08/12/2002
July 12, 2002 Filing 12 NOTICE OF MOTION by Brett Raynes, Juliet Raynes to consolidate the related cases 02cv3321, 02cv3675, 02cv4388, 02cv4415 & 02cv4565 , appointing Brett & Juliet Raynes as the Lead Ptffs. in this action ; and, approving their selection of the law firms of Cohen, Milstein, Hausfeld & Toll, PLLC & Shapiro Haber & Urmy, LLP as Co-Lead Counsel . Return Date not specified. With attached Proposed Order for signature. [Received in Night Deposit Box on 7/12/02 at 5:10pm]. (rjm) Modified on 08/12/2002
July 12, 2002 Filing 11 DECLARATION of William W. Wickersham by Denise Rossi, Robert Bordeau, Ge Chen, Dennis Nelms, Cynthia M. Hanifer, Paul Manoharan in support Re: [9-1] motion to consolidate cases; 02cv3321, 02cv3675, 02cv4388, 02cv4415, 02cv4565 & 02cv5280, [9-2] motion appointing the Manoharan Proposed Lead Ptffs. to serve as Lead Ptffs. in the actions purs. to 21D(a)(3)(B) of the Sec. Exchange Act of 1934, as amended by the Private Sec. Lit. Reform Act of 1995; and, [9-3] motion approving the Manoharan Lead Ptffs' selection of Lead Counsel. [Received in Night Deposit Box on 7/12/02 at 10:46pm]. (rjm) Modified on 08/12/2002
July 12, 2002 Filing 10 MEMORANDUM OF LAW by Denise Rossi, Robert Bordeau, Ge Chen, Dennis Nelms, Cynthia M. Hanifer, Paul Manoharan in support of [9-1] motion to consolidate cases; 02cv3321, 02cv3675, 02cv4388, 02cv4415, 02cv4565 & 02cv5280, [9-2] motion appointing the Manoharan Proposed Lead Ptffs. to serve as Lead Ptffs. in the actions purs. to 21D(a)(3)(B) of the Sec. Exchange Act of 1934, as amended by the Private Sec. Lit. Reform Act of 1995; and, [9-3] motion approving the Manoharan Lead Ptffs' selection of Lead Counsel. [Received in Night Deposit Box on 7/12/02 at 10:46pm]. (rjm) Modified on 08/12/2002
July 12, 2002 Filing 9 NOTICE OF MOTION OF THE MANOHARAN LEAD PTFFS. by Denise Rossi, Robert Bordeau, Ge Chen, Dennis Nelms, Cynthia M. Hanifer, Paul Manoharan to consolidate cases; 02cv3321, 02cv3675, 02cv4388, 02cv4415, 02cv4565 & 02cv5280 , appointing the Manoharan Proposed Lead Ptffs. to serve as Lead Ptffs. in the actions purs. to 21D(a)(3)(B) of the Sec. Exchange Act of 1934, as amended by the Private Sec. Lit. Reform Act of 1995; and , approving the Manoharan Lead Ptffs' selection of Lead Counsel . Return Date not specified. With attached Proposed Order granting Motion for signature. [Received in Night Deposit Box on 7/12/02 at 10:46pm]. (rjm) Modified on 08/12/2002
July 12, 2002 Filing 8 DECLARATION of William W. Wickersham by Stephen E. Carter, Boris Davidov, John Hamilton, George S. Kaufman, Sam M. Micalizzi, Greg Von Riesen, John A. Smith in support Re: [6-1] motion to consolidate cases, [6-2] motion appointing the Carter Proposed Lead Ptffs. to serve as Lead Ptffs. in the actions purs. to 21D(a)(3)(B) of the Sec. Exchange Act of 1934 as amended by the Private Securities Lit. Reform Act of 1995; and, [6-3] motion to approve the Carter Lead Ptffs' selection of Lead Counsel. [Received in Night Deposit Box on 7/12/02 at 10:44pm]. (rjm) Modified on 08/12/2002
July 12, 2002 Filing 7 MEMORANDUM OF LAW by Stephen E. Carter, Boris Davidov, John Hamilton, George S. Kaufman, Sam M. Micalizzi, Greg Von Riesen, John A. Smith in support of [6-1] motion to consolidate cases, [6-2] motion appointing the Carter Proposed Lead Ptffs. to serve as Lead Ptffs. in the actions purs. to 21D(a)(3)(B) of the Sec. Exchange Act of 1934 as amended by the Private Securities Lit. Reform Act of 1995; and, [6-3] motion to approve the Carter Lead Ptffs' selection of Lead Counsel. [Received in Night Deposit Box on 7/12/02 at 10:44pm]. (rjm) Modified on 08/12/2002
July 12, 2002 Filing 6 NOTICE OF MOTION OF THE CARTER LEAD PTFFS. by Stephen E. Carter, Boris Davidov, John Hamilton, George S. Kaufman, Sam M. Micalizzi, Greg Von Riesen, John A. Smith to consolidate cases 02cv3634, 02cv4396 & 02cv4654 , appointing the Carter Proposed Lead Ptffs. to serve as Lead Ptffs. in the actions purs. to 21D(a)(3)(B) of the Sec. Exchange Act of 1934 as amended by the Private Securities Lit. Reform Act of 1995; and , to approve the Carter Lead Ptffs' selection of Lead Counsel . Return Date not specified. With Attached Proposed Order for signature. [Received in Night Deposit Box on 7/12/02, 10:44pm] (rjm) Modified on 08/12/2002
July 9, 2002 Filing 5 DECLARATION of James A. Harrod by Kevin Campbell in support Re: [3-1] motion to consolidate the two captioned securities class actions 02cv3606(KMW) Steven Wald v Merrill Lynch & 02cv4708(JSM) Matthew Wise v Merrill Lynch, and any subsequently filed related actions, [3-2] motion appointing Campbell as Lead Ptff. in this action and in any consolidated related action; and, [3-3] motion approving Movant's selection of Wolf Popper LLP as Lead Counsel . (rjm)
July 9, 2002 Filing 4 MEMORANDUM OF LAW by Kevin Campbell in support of [3-1] motion to consolidate the two captioned securities class actions 02cv3606(KMW) Steven Wald v Merrill Lynch & 02cv4708(JSM) Matthew Wise v Merrill Lynch, and any subsequently filed related actions, [3-2] motion appointing Campbell as Lead Ptff. in this action and in any consolidated related action; and, [3-3] motion approving Movant's selection of Wolf Popper LLP as Lead Counsel . (rjm)
July 9, 2002 Filing 3 NOTICE OF MOTION by Kevin Campbell FOR APPOINTMENT OF LEAD PTFF. AND FOR APPROVAL OF SELECTION OF CLASS COUNSEL to consolidate the two captioned securities class actions 02cv3606(KMW) Steven Wald v Merrill Lynch & 02cv4708(JSM) Matthew Wise v Merrill Lynch, and any subsequently filed related actions , appointing Campbell as Lead Ptff. in this action and in any consolidated related action; and , approving Movant's selection of Wolf Popper LLP as Lead Counsel . Return Date not specified. Proposed Order attached. (rjm) Modified on 08/12/2002
July 8, 2002 Filing 20 AFFIDAVIT OF SERVICE of Ptffs. Motion to Remand for Lack of Subject Matter Jurisdiction & Memorandum in Support of Ptff's Motion to Remand for Lack of Subject Matter Jurisdiction upon Edward J. Yodowitz, Skadden Arps Slate Meager & Flom LLP Four Times Square, NY NY 10036 by delivering a copy of same by hand by Donald Osborne on 7/8/02. (rjm)
July 8, 2002 Filing 19 MEMORANDUM OF LAW by Elisha Ciccarelli in support of [18-1] motion to remand this case (Purs. to 28 USC 1447(c)), to the Supreme Court of the State of NY for Lack of Subject Matter Jurisdiction . (rjm)
July 8, 2002 Filing 18 NOTICE OF MOTION by Ptff. Elisha Ciccarelli to remand this case (Purs. to 28 USC 1447(c)), to the Supreme Court of the State of NY for Lack of Subject Matter Jurisdiction . Return Date not specified. Attached is the Order for signature. (rjm) Modified on 07/19/2002
July 3, 2002 Filing 41 DECLARATION of Robert Abrams by James Tran in support Re: [40-1] Application for Recognition of Authority of Lead Plaintiff and Counsel Approved by Judge Scheindlin with respect to these claims . Filed in Night Deposit Box 6/28/02 at 5:51pm. Relates to 02 cv 3252 and 02 cv 4646. (rjm) Modified on 09/18/2002
July 3, 2002 Filing 40 Application by James Tran for Recognition of Authority of Lead Plaintiff and Counsel Approved by Judge Scheindlin with respect to these claims . Return Date not specified. Received in Night Deposit Box on 6/28/02, at 5:51pm. Relates to 02 cv 3252 and 02 cv 4646. (rjm) Modified on 09/18/2002
July 3, 2002 Opinion or Order Filing 2 ORDER,... that all proceedings in the Merrill Lynch Analyst-Related Cases and any additional actions that are subsequently filed in this district and are transferred to this Court pursuant to the terms of the July Order, are hereby suspended for all purpose until ten days after the September meeting of the Multidistrict Panel and further order of the Court. However, nothing herein shall be construed to alter the deadlines set forth in Section 21D(a)(3)(A) of the Securities Exchange Act 0of 1934 (15 U.S.C. 78u-4(a)(3)(A)) or Section 27(a)(3)(A) of the Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(A)). Any motion practice required by the PSLRA shall be returnable and shall indicate that it is returnable on a date to be fixed by the Court. In light of the suspension of proceedings herein, no responses to any such motions shall be filed until further order of the Court . In addition, the time for defendants to move, answer or otherwise respond to any complaints or other motions in any of the Merrill Lynch Analyst-Related Cases assigned to this Court shall be suspended until further order of the Court . Counsel for Defendants is directed to mail a copy of this order to counsel of record in each of the actions subject to this order . ( signed by Judge Milton Pollack ); Copies mailed. (dcap)
July 3, 2002 Opinion or Order Filing 1 ORDER,... Pursuant to Rules 2, 15 and 16 of the Rules for the Division of Business Among District Judges, pending Merrill Lynch's application before the Multidistrict Panel to assemble the related cases pending in this and several other districts for coordinated and consolidated procedure, all related Merrill Lynch Analyst-Related Cases pending in the Southern District of New York (as referenced on the attached list), and any subsequently commenced actions in this district against Merrill Lynch containing allegations similar to those in the Merrill Lynch Analyst-Related Cases, are being transferred to the docket of the Honorable Milton Pollack before whom the earliest filed case, In re Merrill Lynch InfoSpace Analyst Reports Securities Litigation, 01 Civ. 6881 (MP), is pending. A master docket is hereby established 1:21MC96 (MP) . Counsel are directed henceforth to file duplicate originals of all papers under both the master docket number set forth above and the original docket number of each case. Both docket numbers are to be listed alongside the caption . Any additional cases against Merrill Lynch containing allegations similar to those in the Merrill Lynch Analyst-Related Cases are to be marked as related to docket number 1:21MC96 (MP) and assigned to Judge Pollack . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (dcap)

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Lead plaintiff: John Kilgour Lentell
Represented By: Adam T. Savett
Represented By: Andrew J. Morganti
Represented By: Burton H. Finkelstein
Represented By: Douglas G. Thompson
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Lead plaintiff: Arash Saffarnia
Represented By: Linda P. Nussbaum
Represented By: Susan R. Schwaiger
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Lead plaintiff: Steven Roth
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Lead plaintiff: Robert Shaheen
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Lead plaintiff: Alex Miceli
Represented By: Adam T. Savett
Represented By: Conor R. Crowley
Represented By: Douglas G. Thompson
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Lead plaintiff: Cranshire Capital, L.P.
Represented By: Carol V. Gilden
Represented By: Joseph D. Ament
Represented By: Louis A. Kessler
Represented By: Michael E. Moskovitz
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Lead plaintiff: J. Marvin Brown
Represented By: David Adam Berger
Represented By: Lane Lanier Vines
Represented By: Lawrence Jay Lederer
Represented By: Merrill G Davidoff
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Lead plaintiff: Geewax Terker & Company
Represented By: Andrew L. Barroway
Represented By: Erin K. Flory
Represented By: Jason T. Baker
Represented By: Randi Dawn Bandman
Represented By: Steve W. Berman
Represented By: Thomas Edward Egler
Represented By: William S. Lerach
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Lead plaintiff: James Kostopoulos
Represented By: Andrew L. Barroway
Represented By: Erin K. Flory
Represented By: Jason T. Baker
Represented By: Randi Dawn Bandman
Represented By: Steve W. Berman
Represented By: Thomas Edward Egler
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Lead plaintiff: Coastline Corporation
Represented By: Andrew L. Barroway
Represented By: Erin K. Flory
Represented By: Jason T. Baker
Represented By: Randi Dawn Bandman
Represented By: Steve W. Berman
Represented By: Thomas Edward Egler
Represented By: William S. Lerach
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Lead plaintiff: Amir Heshmatpour
Represented By: Andrew L. Barroway
Represented By: Erin K. Flory
Represented By: Jason T. Baker
Represented By: Randi Dawn Bandman
Represented By: Steve W. Berman
Represented By: Thomas Edward Egler
Represented By: William S. Lerach
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Lead plaintiff: Gail LeBeau
Represented By: Andrew L. Barroway
Represented By: Erin K. Flory
Represented By: Jason T. Baker
Represented By: Randi Dawn Bandman
Represented By: Steve W. Berman
Represented By: Thomas Edward Egler
Represented By: William S. Lerach
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Lead plaintiff: Archie Lofberg
Represented By: Daniel W. Krasner
Represented By: Jeffrey G. Smith
Represented By: Robert B. Weintraub
Represented By: Stefanie A. Lindeman
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Lead plaintiff: Stephen E. Carter
Represented By: Aaron Lee Brody
Represented By: David Corey Katz
Represented By: Jack I. Zwick
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: Moshe Balsam
Represented By: Richard Adam Acocelli, Jr
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Lead plaintiff: Huimin Qu
Represented By: Brian Philip Murray
Represented By: Joseph Harry Weiss
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Lead plaintiff: John Korte
Represented By: Adam T. Savett
Represented By: Conor R. Crowley
Represented By: Douglas G. Thompson
Represented By: Linda P. Nussbaum
Represented By: Susan R. Schwaiger
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Lead plaintiff: John Horoshak
Represented By: Daniel Adam Osborn
Represented By: Eduard Korsinsky
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Lead plaintiff: William T. Sharp
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Lead plaintiff: Michael Schaeffer
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Plaintiff: Jerry Conte
Represented By: Alexander E. Barnett
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Plaintiff: Rosalae Sasson
Represented By: Alexander E. Barnett
Represented By: Edward F. Haber
Represented By: Theodore Hess-Mahan
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Plaintiff: Robert Griffin
Represented By: Alexander E. Barnett
Represented By: Edward F. Haber
Represented By: Theodore Hess-Mahan
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Plaintiff: Glen Cummings
Represented By: Alexander E. Barnett
Represented By: Edward F. Haber
Represented By: Theodore Hess-Mahan
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Plaintiff: Larry Snyder
Represented By: Alexander E. Barnett
Represented By: Edward F. Haber
Represented By: Theodore Hess-Mahan
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Plaintiff: Sandra Blair
Represented By: Paul Thomas Curley
Represented By: Shaheen Rushd
Represented By: Stanley Merrill Grossman
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Plaintiff: Ronald Blair
Represented By: Paul Thomas Curley
Represented By: Shaheen Rushd
Represented By: Stanley Merrill Grossman
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Plaintiff: Lou A. Murphy
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
Represented By: Jonathan K. Levine
Represented By: Robert N. Kaplan
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Plaintiff: Richard Sherman
Represented By: Mark Casser Gardy
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Plaintiff: Linda Sherman
Represented By: Mark Casser Gardy
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Plaintiff: Aaron Priest
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
Represented By: Jonathan K. Levine
Represented By: Laurence David King
Represented By: Peter Fischbein
Represented By: Robert N. Kaplan
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Plaintiff: Abraham Twersky Family Trust
Represented By: David Jaroslawicz
Represented By: Paul Thomas Curley
Represented By: Shaheen Rushd
Represented By: Stanley Merrill Grossman
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Plaintiff: Jack B. McBride
Represented By: Bruce G. Murphy
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
Represented By: Jonathan K. Levine
Represented By: Laurence David King
Represented By: Robert N. Kaplan
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Plaintiff: John Deleo
Represented By: Robert Craig Finkel
Represented By: Soo Hyun Im
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Plaintiff: Leonard Corwin
Represented By: Robert Alan Abrams
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Plaintiff: Roger Matthews
Represented By: Alexander E. Barnett
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Plaintiff: Susan Matthews
Represented By: Alexander E. Barnett
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Plaintiff: Dwight Corkins
Represented By: Shaheen Rushd
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Plaintiff: Irving Gordon
Represented By: Robert Craig Finkel
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Plaintiff: Jason Silver
Represented By: Corey D. Holzer
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
Represented By: Jonathan K. Levine
Represented By: Laurence David King
Represented By: Michael Ira Fistel, Jr.
Represented By: Paul J. Geller
Represented By: Robert N. Kaplan
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Plaintiff: Jon M. Rosenbaum
Represented By: Andrew L. Barroway
Represented By: Charles J. Piven
Represented By: Frederick Taylor Isquith, Sr
Represented By: Gustavo Fabian Bruckner
Represented By: Mark A. Topaz
Represented By: Richard S. Schiffrin
Represented By: Robert Alan Abrams
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Plaintiff: James Crowdus
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
Represented By: Jonathan K. Levine
Represented By: Laurence David King
Represented By: Marc S. Henzel
Represented By: Robert N. Kaplan
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Plaintiff: Sanjay Israni
Represented By: Robert N. Kaplan
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Plaintiff: Frank J. Vonder Haar
Represented By: Alexander E. Barnett
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Plaintiff: Harold DuCharme
Represented By: Alexander E. Barnett
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Plaintiff: Bernd Toennesmann
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
Represented By: Jonathan K. Levine
Represented By: Laurence David King
Represented By: Marc S. Henzel
Represented By: Robert N. Kaplan
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Plaintiff: Michael M. Moore
Represented By: Aaron Lee Brody
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Plaintiff: Wayne Boyce
Represented By: Aaron Lee Brody
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Plaintiff: Ira Atlas
Represented By: Shaheen Rushd
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Plaintiff: David Foushee
Represented By: Frederick Taylor Isquith, Sr
Represented By: Gustavo Fabian Bruckner
Represented By: Robert Alan Abrams
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Plaintiff: Giuseppe Coppola
Represented By: Alexander E. Barnett
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Plaintiff: Steven Wald
Represented By: Robert Craig Finkel
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Plaintiff: Turgut Ergun
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: Tzivia Brody
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Plaintiff: Daniel R. Gerrity
Represented By: Donald Wallace
Represented By: Jacqueline Sailer
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Plaintiff: Doug Seidenburg
Represented By: Alexander E. Barnett
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Plaintiff: Paul Hesano
Represented By: Alexander E. Barnett
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Plaintiff: Robert Rueben
Represented By: Aaron Lee Brody
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Plaintiff: Victor Parker
Represented By: Paul Thomas Curley
Represented By: Richard J. Vita
Represented By: Shaheen Rushd
Represented By: Stanley Merrill Grossman
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Plaintiff: Jason Cho
Represented By: Patrick A. Klingman
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Plaintiff: Paul V. Hawkins
Represented By: Frederick Taylor Isquith, Sr
Represented By: Gustavo Fabian Bruckner
Represented By: Robert Alan Abrams
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Plaintiff: Fredell D. Williams
Represented By: Patrick A. Klingman
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Plaintiff: Seth B. Marks
Represented By: Jacqueline Sailer
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Plaintiff: Elisha Ciccarelli
Represented By: David R. Buchanan
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Plaintiff: Dean E. Hart
Represented By: Patrick A. Klingman
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Plaintiff: Stephen A. McKernan
Represented By: Brian M. Felgoise
Represented By: Evan Smith
Represented By: Frederick Taylor Isquith, Sr
Represented By: Gustavo Fabian Bruckner
Represented By: Robert Alan Abrams
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Plaintiff: Steven Smith
Represented By: Jay Paul Saltzman
Represented By: Joel Paul Laitman
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Plaintiff: Emily J. Bernstein
Represented By: Samuel Howard Rudman
Represented By: Steven G. Schulman
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Plaintiff: James J. Walsh
Represented By: Paul Thomas Curley
Represented By: Shaheen Rushd
Represented By: Stanley Merrill Grossman
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Plaintiff: Samuel B. Sinay
Represented By: Anthony F. Prisco
Represented By: Robert S. Schachter
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Plaintiff: Lynne Helene Sinay
Represented By: Anthony F. Prisco
Represented By: Robert S. Schachter
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Plaintiff: Rodney Myers
Represented By: Alexander E. Barnett
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Plaintiff: Robert Elan
Represented By: Jacqueline Sailer
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Plaintiff: Diane Pilgrim
Represented By: Brian M. Felgoise
Represented By: Evan Smith
Represented By: Frederick Taylor Isquith, Sr
Represented By: Marc A. Topaz
Represented By: Paul J. Geller
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Plaintiff: Stephen Gardy
Represented By: Klari Neuwelt
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Plaintiff: Bob Raiano
Represented By: Alexander E. Barnett
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Plaintiff: Sonakul Meejaroen
Represented By: Aaron Lee Brody
Represented By: Jules Brody
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Plaintiff: Keye Liu
Represented By: Aaron Lee Brody
Represented By: Jules Brody
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Plaintiff: Yu-Chi Liu
Represented By: Aaron Lee Brody
Represented By: Jules Brody
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Plaintiff: Thomas P. Willcutts
Represented By: Patrick A. Klingman
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Plaintiff: Joseph Falzone
Represented By: Jacqueline Sailer
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Plaintiff: Bruce Montague
Represented By: Klari Neuwelt
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Plaintiff: Lynn B. Hughes
Represented By: Frederick Taylor Isquith, Sr
Represented By: Gustavo Fabian Bruckner
Represented By: Robert Alan Abrams
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Plaintiff: Neil Trama
Represented By: Brian M. Felgoise
Represented By: Darren J. Check
Represented By: Evan Smith
Represented By: Frederick Taylor Isquith, Sr
Represented By: Marc A. Topaz
Represented By: Paul J. Geller
Represented By: Robert Alan Abrams
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Plaintiff: Edward Rollins
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
Represented By: Jonathan K. Levine
Represented By: Jonathan M. Stein
Represented By: Laurence David King
Represented By: Robert N. Kaplan
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Plaintiff: Christophe De Reynal
Represented By: Alexander E. Barnett
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Plaintiff: Stuart M. Sabin
Represented By: Alexander E. Barnett
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Plaintiff: Eric Doebele
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Plaintiff: Matthew Wise
Represented By: Frederic Scott Fox, Sr
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Plaintiff: James Lembesis
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Plaintiff: Ruth Manton
Represented By: Jill Sharyn Abrams
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Plaintiff: Lewis Wilder
Represented By: Jill Sharyn Abrams
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Plaintiff: Bruce LiCausi
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Plaintiff: Robert Runyon, Jr.
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Plaintiff: Doris Loder
Represented By: David Adam Berger
Represented By: Lane Lanier Vines
Represented By: Lawrence Jay Lederer
Represented By: Merrill G Davidoff
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Plaintiff: Thomas McGee
Represented By: David Adam Berger
Represented By: Lane Lanier Vines
Represented By: Lawrence Jay Lederer
Represented By: Merrill G Davidoff
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Plaintiff: Yvon Nepton
Represented By: David Adam Berger
Represented By: Lane Lanier Vines
Represented By: Lawrence Jay Lederer
Represented By: Merrill G Davidoff
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Plaintiff: Felipe Dela Rosa, Jr.
Represented By: Andrew L. Barroway
Represented By: Erin K. Flory
Represented By: Jason T. Baker
Represented By: Randi Dawn Bandman
Represented By: Steve W. Berman
Represented By: Thomas Edward Egler
Represented By: William S. Lerach
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Plaintiff: Joseph D. Brasher
Represented By: Donald R. Freeman
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Plaintiff: Mary T. Brasher
Represented By: Donald R. Freeman
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Plaintiff: Tom Lester
Represented By: Carroll H. Ingram
Represented By: Richard P. Johnson
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Plaintiff: William H. Durham, M.D.
Represented By: Carroll H. Ingram
Represented By: Richard P. Johnson
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Plaintiff: Shelton Whittington
Represented By: Carroll H. Ingram
Represented By: Richard P. Johnson
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Plaintiff: Kathryn D. Whittington
Represented By: Carroll H. Ingram
Represented By: Richard P. Johnson
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Plaintiff: Donald T. Erwin, M.D.
Represented By: Carroll H. Ingram
Represented By: Richard P. Johnson
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Plaintiff: Mary Abell, M.D.
Represented By: Carroll H. Ingram
Represented By: Richard P. Johnson
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Plaintiff: Stogner, M.D.
Represented By: Carroll H. Ingram
Represented By: Richard P. Johnson
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Plaintiff: James G. Rea
Represented By: Daniel W. Krasner
Represented By: Jeffrey G. Smith
Represented By: Robert B. Weintraub
Represented By: Stefanie A. Lindeman
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Plaintiff: Lee T. Scher
Represented By: Daniel W. Krasner
Represented By: Jeffrey G. Smith
Represented By: Robert B. Weintraub
Represented By: Stefanie A. Lindeman
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Plaintiff: David A. Goodman
Represented By: Daniel W. Krasner
Represented By: Jeffrey G. Smith
Represented By: Robert B. Weintraub
Represented By: Stefanie A. Lindeman
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Plaintiff: T. Lynn Rogers
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Plaintiff: R. Jackson Rogers
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Plaintiff: John M. Rogers
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Plaintiff: Central Illinois Anesthesia Services Ltd. Profit Sharing Plan
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Plaintiff: John D. Minnick
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Plaintiff: J.M. Thies
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Plaintiff: A.J. Zucarelli
Represented By: Linda P. Nussbaum
Represented By: Susan R. Schwaiger
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Plaintiff: Lisa Zucarelli
Represented By: Linda P. Nussbaum
Represented By: Susan R. Schwaiger
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Plaintiff: Mark Racano
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Plaintiff: Daoyou Liu
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Consolidated plaintiff: Shubhro Sen
Represented By: Alexander E. Barnett
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Consolidated plaintiff: Mary Sen
Represented By: Alexander E. Barnett
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Consolidated plaintiff: Joan Markowitz
Represented By: David Corey Katz
Represented By: Jack I. Zwick
Represented By: Joseph Harry Weiss
Represented By: Moshe Balsam
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Consolidated plaintiff: Dennis Fortin
Represented By: David Corey Katz
Represented By: Jack I. Zwick
Represented By: Joseph Harry Weiss
Represented By: Moshe Balsam
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Consolidated plaintiff: Richard Guest
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Consolidated plaintiff: Jeff Gerber
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Consolidated plaintiff: Ronald L. Mierzwiak
Represented By: Evan Jay Kaufman
Represented By: Jill Sharyn Abrams
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Consolidated plaintiff: Judith A. Mierzwiak
Represented By: Evan Jay Kaufman
Represented By: Jill Sharyn Abrams
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Consolidated plaintiff: Herman P. Triplett
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Consolidated plaintiff: Brenda S. Triplett
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Consolidated plaintiff: Cynthia McGinnes
Represented By: Daniel W. Krasner
Represented By: Robert B. Weintraub
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Consolidated plaintiff: Charles J. Lucker
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
Represented By: Jonathan K. Levine
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Consolidated plaintiff: Paolo Orlandi
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
Represented By: Sharon Maine Lee
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Consolidated plaintiff: Ian Kideys
Represented By: Frederic Scott Fox, Sr
Represented By: Jack I. Zwick
Represented By: Joseph R. Seidman
Represented By: Sandy A Liebhard
Represented By: Stanley Merrill Grossman
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Consolidated plaintiff: Dennis White
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
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Consolidated plaintiff: Thomas A. Beaver
Represented By: Linda P. Nussbaum
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Consolidated plaintiff: Charles Woolson
Represented By: Aaron Lee Brody
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Petitioner: E. Powell Miller
Represented By: James Abram Harrod, III
Represented By: Marian Probst Rosner
Represented By: Michael Adam Schwartz
Represented By: Robert Craig Finkel
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Petitioner: Lowell Strate
Represented By: Alexander E. Barnett
Represented By: Linda P. Nussbaum
Represented By: Susan R. Schwaiger
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Petitioner: Georgiana Strate
Represented By: Alexander E. Barnett
Represented By: Linda P. Nussbaum
Represented By: Susan R. Schwaiger
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Petitioner: Joel Shenkel
Represented By: Patrick A. Klingman
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Petitioner: Jon B. Jacobson
Represented By: Patrick A. Klingman
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Petitioner: Banque De Gestion
Represented By: Frederick Taylor Isquith, Sr
Represented By: Gustavo Fabian Bruckner
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Petitioner: Tru Nguyen
Represented By: Frederick Taylor Isquith, Sr
Represented By: Gustavo Fabian Bruckner
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Petitioner: James P. Rice
Represented By: Frederick Taylor Isquith, Sr
Represented By: Gustavo Fabian Bruckner
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Petitioner: Carlos Vasallo Tome
Represented By: Frederick Taylor Isquith, Sr
Represented By: Gustavo Fabian Bruckner
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Petitioner: Greg Salazar
Represented By: Frederick Taylor Isquith, Sr
Represented By: Gustavo Fabian Bruckner
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Petitioner: Fred Kaplan
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: Ronald Ventura
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: Fabio Aldeghi
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: Jerry Galrger
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: Vida Chu
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Robert M. Hess
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Hugh P. Lambert
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: John L. Roe Trust
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Gene W. Schneider
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Boyd B. Thiel, Sr.
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Mark Rosen
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Petitioner: Hall Winters
Represented By: Patrick A. Klingman
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Petitioner: R. Capital II, Ltd.
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Sam Haddad
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Jm. Rubin Foundation
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Maylin Lin
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Mark L. Johnson
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Regular Music
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Paul Levine
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Petitioner: Roger Jacobs
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Petitioner: John R. Williams
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Petitioner: Mohmoud Khouja
Represented By: Aaron Lee Brody
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Mazem Khouja
Represented By: Aaron Lee Brody
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Howard Schoenberger
Represented By: Aaron Lee Brody
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: Eric Doubele
Represented By: Aaron Lee Brody
Represented By: Jules Brody
Represented By: William W. Wickersham
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Petitioner: At Home Suit Group, Inc.
Represented By: Christopher J. Gray
Represented By: Christopher Lovell
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Petitioner: Gerard J. Galiger
Represented By: Christopher J. Gray
Represented By: Christopher Lovell
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Petitioner: Mark Kupeman
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Petitioner: Steve Lazuka
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Petitioner: Jerome Magolis
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Petitioner: Herman Miller
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Petitioner: William R. Nobel
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Petitioner: Leonard Lee Vlieg
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Petitioner: Allen M. Zielinski
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Petitioner: Allen Nimmo
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Petitioner: William C. Kavan
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Petitioner: Le Dang
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Petitioner: Nguyen Family
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Petitioner: Harvey A. Feldman
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Petitioner: James Carter
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Petitioner: Anton Mariash
Represented By: Patrick Vincent Dahlstrom
Represented By: Shaheen Rushd
Represented By: Stanley Merrill Grossman
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Petitioner: Conn Davis
Represented By: Patrick Vincent Dahlstrom
Represented By: Shaheen Rushd
Represented By: Stanley Merrill Grossman
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Petitioner: Jack Grunwald
Represented By: Patrick Vincent Dahlstrom
Represented By: Shaheen Rushd
Represented By: Stanley Merrill Grossman
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Petitioner: Sheila Hayden
Represented By: Patrick Vincent Dahlstrom
Represented By: Shaheen Rushd
Represented By: Stanley Merrill Grossman
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Petitioner: Ronald J. Penna
Represented By: Douglas Wilens
Represented By: Edward F. Haber
Represented By: Randall Keith Pulliam
Represented By: Steven E. Cauley
Represented By: Theodore Hess-Mahan
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Petitioner: Michael Osborn
Represented By: Douglas Wilens
Represented By: Edward F. Haber
Represented By: Randall Keith Pulliam
Represented By: Steven E. Cauley
Represented By: Theodore Hess-Mahan
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Petitioner: Merrill Lynch Internet Strategies Group
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Petitioner: Donna Dittmar Stocker
Represented By: Linda P. Nussbaum
Represented By: Susan R. Schwaiger
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Petitioner: August Family Trust
Represented By: Eric James Belfi
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Petitioner: Kevin Campbell
Represented By: James Abram Harrod, III
Represented By: Robert Craig Finkel
Represented By: Robert M. Kornreich
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Petitioner: Boris Davidov
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: John Hamilton
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: George S. Kaufman
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Sam M. Micalizzi
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Greg Von Riesen
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: John A. Smith
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Denise Rossi
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Robert Bordeau
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Ge Chen
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Dennis Nelms
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Cynthia M. Hanifer
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Paul Manoharan
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Brett Raynes
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Juliet Raynes
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Dr. Neil T. Moskowitz
Represented By: Patrick A. Klingman
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Petitioner: C. Anthony Martignetti Trust
Represented By: Richard B. Brualdi
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Petitioner: Thomas Beaver
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Stephen Fiske
Represented By: Brian Philip Murray
Represented By: Eric James Belfi
Represented By: Jack I. Zwick
Represented By: Jacqueline Sailer
Represented By: Joseph Harry Weiss
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Petitioner: Myron Flugstad
Represented By: Eric James Belfi
Represented By: Jack I. Zwick
Represented By: Jacqueline Sailer
Represented By: Joseph Harry Weiss
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Petitioner: Robert Nitabach
Represented By: Eric James Belfi
Represented By: Jack I. Zwick
Represented By: Jacqueline Sailer
Represented By: Joseph Harry Weiss
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Petitioner: Pat Reischmann
Represented By: Eric James Belfi
Represented By: Jack I. Zwick
Represented By: Jacqueline Sailer
Represented By: Joseph Harry Weiss
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Petitioner: Edith Joan Griffins
Represented By: Eric James Belfi
Represented By: Jack I. Zwick
Represented By: Jacqueline Sailer
Represented By: Joseph Harry Weiss
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Petitioner: Allan R. Eisenbach
Represented By: Brian Philip Murray
Represented By: Joseph Harry Weiss
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Petitioner: Andrew Fiske
Represented By: Brian Philip Murray
Represented By: Joseph Harry Weiss
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Petitioner: Russell Kelley
Represented By: Brian Philip Murray
Represented By: Joseph Harry Weiss
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Petitioner: Violeta Kelley
Represented By: Brian Philip Murray
Represented By: Joseph Harry Weiss
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Petitioner: Kowdle Prasad
Represented By: Brian Philip Murray
Represented By: Joseph Harry Weiss
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Petitioner: Sowmya Prasad
Represented By: Brian Philip Murray
Represented By: Joseph Harry Weiss
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Petitioner: Lisa L. Sun
Represented By: Brian Philip Murray
Represented By: Joseph Harry Weiss
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Petitioner: Quentin Kapke
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: Leonard E. Jacobs
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: James Tran
Represented By: Frederick Taylor Isquith, Sr
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Petitioner: James Berg
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Debra Berg
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: The Betroy Trust
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Mehta Khusal
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Elizabelth Knoth
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Anirudda Kundu
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Benda Sotomayor
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Jan Noether
Represented By: Linda P. Nussbaum
Represented By: Susan R. Schwaiger
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Petitioner: AFA Management Partners LP
Represented By: Joseph R. Seidman
Represented By: Sandy A Liebhard
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Petitioner: Jeffrey Black
Represented By: Adam T. Savett
Represented By: Burton H. Finkelstein
Represented By: Conor R. Crowley
Represented By: Donald J. Enright
Represented By: Douglas G. Thompson
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
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Petitioner: Scott Hecker
Represented By: Burton H. Finkelstein
Represented By: Conor R. Crowley
Represented By: Donald J. Enright
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
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Petitioner: Sal Gambardella
Represented By: Laurence Paskowitz
Represented By: Randall Keith Pulliam
Represented By: S. Gene Cauley
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Petitioner: Robert Adams
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Satya Gupta
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: James Hosmer
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Mark Lopez
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Prena Smajlaj
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Kimann Truong
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Dr. Michael Schaeffer
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Robert C. Greer
Represented By: Patrick A. Klingman
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Petitioner: Jack R. Greer
Represented By: Patrick A. Klingman
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Petitioner: Sandra DeSantis
Represented By: Klari Neuwelt
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Petitioner: Gregory DeSantis
Represented By: Klari Neuwelt
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Petitioner: Joan Davis
Represented By: Klari Neuwelt
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Petitioner: Nadir Baksh
Represented By: Klari Neuwelt
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Petitioner: Stephen Kurtzman
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
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Petitioner: Amy Kurtzman
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
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Petitioner: Charles W. Cha
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
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Petitioner: Bruce Ungerleider
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
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Petitioner: Richard Korfhage
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
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Petitioner: Gary Ogasawara
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
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Petitioner: Mahmoud M. Ezzeldin
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
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Petitioner: Morris Liebermensch
Represented By: Eric James Belfi
Represented By: Jacqueline Sailer
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Petitioner: James Phillips, Jr.
Represented By: Laurence Paskowitz
Represented By: Randall Keith Pulliam
Represented By: S. Gene Cauley
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Petitioner: Robert E. Casali
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Edward Hopper
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Jacob Kohanzadeh
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Richard Larson
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Howard Strauss
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Vincent Tomei
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Marie Tomei
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Ghuslaine Kukulica
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Stanley Dabrowski
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Gary Herskovitz
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Patrick Hertel
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: W.H. Moseley
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Clark Scarboro
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Jerrold Sobel
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Kent Sutherland
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Jana Sutherland
Represented By: Aaron Lee Brody
Represented By: Joseph Harry Weiss
Represented By: Jules Brody
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Petitioner: Keith C. Shoff
Represented By: Laurence Paskowitz
Represented By: Randall Keith Pulliam
Represented By: S. Gene Cauley
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Petitioner: Paulo Forte
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: George Sbordone
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: Mary Sbordone
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: Roger Chavez
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: Robert Sokol
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Petitioner: Eli Weinstein
Represented By: Joseph Patrick Garland
Represented By: Jacqueline Sailer
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Petitioner: Louis P. Schwartz
Represented By: Daniel Adam Osborn
Represented By: Eduard Korsinsky
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Petitioner: George Edelman
Represented By: Daniel Adam Osborn
Represented By: Eduard Korsinsky
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Petitioner: John Shook
Represented By: Daniel Adam Osborn
Represented By: Eduard Korsinsky
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Petitioner: David E. Richmond
Represented By: Daniel Adam Osborn
Represented By: Eduard Korsinsky
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Petitioner: Megan Trainer
Represented By: Daniel Adam Osborn
Represented By: Eduard Korsinsky
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Petitioner: D. Robin Blair
Represented By: Daniel Adam Osborn
Represented By: Eduard Korsinsky
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Petitioner: Nancy Simon
Represented By: Daniel Adam Osborn
Represented By: Eduard Korsinsky
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Petitioner: Infospace, Inc.
Represented By: Douglas John Clark
Represented By: Steven Mark Schatz
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Petitioner: Tammy Halstead
Represented By: Douglas John Clark
Represented By: Steven Mark Schatz
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Petitioner: George Sobolew
Represented By: Linda P. Nussbaum
Represented By: Susan R. Schwaiger
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Petitioner: Rae Dorin-Tanno
Represented By: Daniel W. Krasner
Represented By: Robert B. Weintraub
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Petitioner: Michael N. Merritt
Represented By: Daniel W. Krasner
Represented By: Robert B. Weintraub
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Petitioner: ILJ Investments
Represented By: Ira Neil Richards
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Petitioner: Irlys Guy
Represented By: Ira Neil Richards
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Petitioner: Thomas Ball
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Warren G. Bullock
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Bullock & Yeager, Inc.
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Michael P. Crossen
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: John R. Graham
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Adi R. Guzdar
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Dinshaw Adi Guzdar
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Bush Helzberg
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Kent Kearney
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Douglas Knittle
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Mick Miller
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Norman Nelson
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Dan Porter
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Jim Sharp
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Thomas Sharp
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Petitioner: Niels Sorenson
Represented By: Edward F. Haber
Represented By: Herbert E. Milstein
Represented By: Joshua Seth Devore
Represented By: Linda P. Nussbaum
Represented By: Steven Jeffrey Toll
Represented By: Susan R. Schwaiger
Represented By: Theodore Hess-Mahan
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Defendant: Merrill Lynch & Co. Inc.
Represented By: Edward Jay Yodowitz
Represented By: Jay B. Kasner
Represented By: Scott D. Musoff
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Defendant: Henry Blodget
Represented By: James D. Ossyra
Represented By: Marc Bernard Dorfman
Represented By: Samuel J. Winer
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Defendant: Merrill Lynch Internet Strategies Fund, Inc.
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Defendant: Merrill Lynch Funds Distributor
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Defendant: Terry K. Glenn
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Defendant: Donald C. Burke
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Defendant: Charles C. Reilly
Represented By: David J. Libowsky
Represented By: Hugo A. Hilgendorff, IV
Represented By: Michael L. Dagley
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Defendant: Roscoe S. Suddarth
Represented By: David J. Libowsky
Represented By: Hugo A. Hilgendorff, IV
Represented By: Michael L. Dagley
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Defendant: Richard R. West
Represented By: David J. Libowsky
Represented By: Michael L. Dagley
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Defendant: Edward D. Zinbarg
Represented By: David J. Libowsky
Represented By: Hugo A. Hilgendorff, IV
Represented By: Michael L. Dagley
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Defendant: Arthur Zeikel
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Defendant: Paul G. Meeks
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Defendant: Justin Baldauf
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Defendant: Kirsten Campbell
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Defendant: Virginia Syer Genereux
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Defendant: Sofia Ghachem
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Defendant: Thomas Mazzucco
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Defendant: Edward McCabe
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Defendant: Deepak Raj
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Defendant: Ahmass L. Fakahany
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Defendant: John L. Steffens
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Defendant: E. Stanley O'Neal
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Defendant: George A. Schieren
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Defendant: Merrill, Lynch, Pierce, Fenner & Smith Incorporated
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Defendant: Merrill Lynch Internet Infrastructure Holdrs/SM Trust
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Defendant: Master Internet Strategies Trust
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Defendant: Merrill Lynch Global Technology Fund, Inc.
Represented By: Andrew J. Levander
Represented By: William Kennedy Dodds
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Defendant: Fund Asset Management, L.P.
Represented By: Mark Holland
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Defendant: Princeton Services, Inc.
Represented By: Mark Holland
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Defendant: Kenneth Seymour
Represented By: Edward Jay Yodowitz
Represented By: Jay B. Kasner
Represented By: Joanne Gaboriault
Represented By: Scott D. Musoff
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Defendant: Donald Cecil
Represented By: David J. Libowsky
Represented By: Hugo A. Hilgendorff, IV
Represented By: Michael L. Dagley
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Defendant: Roland M. Machold
Represented By: David J. Libowsky
Represented By: Hugo A. Hilgendorff, IV
Represented By: Michael L. Dagley
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Defendant: Edward H. Meyer
Represented By: David J. Libowsky
Represented By: Hugo A. Hilgendorff, IV
Represented By: Michael L. Dagley
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Defendant: Richard D. West
Represented By: David J. Libowsky
Represented By: Hugo A. Hilgendorff, IV
Represented By: Michael L. Dagley
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Defendant: Ronald W. Forbes
Represented By: David J. Libowsky
Represented By: Hugo A. Hilgendorff, IV
Represented By: Michael L. Dagley
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Defendant: Cynthia A. Montgomery
Represented By: David J. Libowsky
Represented By: Hugo A. Hilgendorff, IV
Represented By: Michael L. Dagley
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Defendant: Kevin A. Ryan
Represented By: David J. Libowsky
Represented By: Hugo A. Hilgendorff, IV
Represented By: Michael L. Dagley
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Defendant: Merrill Lynch Focus Twenty Fund, Inc.
Represented By: Marvin E. Barkin
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Defendant: Merrill Lynch Asset Management, L.P.
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Defendant: Merrill Lynch Asset Management U.K. Limited
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Defendant: Naveen Jain
Represented By: Douglas John Clark
Represented By: Harry H. Schneider, Jr.
Represented By: Steven Mark Schatz
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Defendant: Merrill Lynch B2B Internet Holdrs Trust
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Defendant: Thomas H. Patrick
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Defendant: Dominic A. Carone
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Defendant: Internet Architecture HOLDRs
Represented By: Donald R. Hall, Jr
Represented By: Frederic Scott Fox, Sr
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Defendant: ISF
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Defendant: FAM Distributors, Inc.
Represented By: Mark Holland
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Defendant: Merrill Lynch Pierce Fenner & Smith Inc.
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Defendant: Mark Kastan
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Defendant: Kenneth Hoexter
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Not classified by court: Susan Lockshine
Represented By: Edward Frank Siegel
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Not classified by court: Gary Bauer
Represented By: Edward Frank Siegel
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Consolidated defendant: Princeton Funds Distributor, Inc.
Represented By: Mark Holland
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