Navigator Capital Partners, L.P. v. Bear Stearns Asset Management et al
| Navigator Capital Partners, L.P. |
| Bear Stearns Asset Management, Bear, Stearns Securities Corp., The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Ralph Cioffi, Raymond McGarrigal, Matthew Tannin, Barry Cohen, Gerald Cummins, David Sandelovsky, Gregory Quental, Scott Lennon, Michelle Wilson-Clarke and Walkers Fund Services Limited |
| Stillwater Market Neutral Fund II LP |
| Bear Stearns High-Grade Structured Credit Strategies, L.P. |
| 1:2007cv07783 |
| August 31, 2007 |
| US District Court for the Southern District of New York |
| Securities/Commodities Office |
| New York |
| Alvin K Hellerstein |
| Securities/Commodities |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
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| Filing 141 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a SETTLEMENT proceeding held on 11/2/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 140 TRANSCRIPT of Proceedings re: SETTLEMENT held on 11/2/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2012. Redacted Transcript Deadline set for 7/23/2012. Release of Transcript Restriction set for 9/20/2012.(McGuirk, Kelly) |
Filing 139
FINAL ORDER AND JUDGMENT Settling Action. (Signed by Judge Alvin K. Hellerstein on 11/2/2011) (Attachments: #1 Notice of Right to Appeal)(jnm)
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Filing 138
STIPULATION AND ORDER OF DISMISSAL OF THE DIRECTOR DEFENDANTS WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for all parties to the above-captioned action that, contingent upon Final Court Approval of the Stipulation of Settlement dated August 26, 2011 (the "Stipulation") as defined in par. 2.9 of the Stipulation, this action is dismissed with prejudice against defendants Barry Cohen, Gerald Cummins, David Sandelovsky, Gregory Quental (collectively, the "Bear Stearns Director Defendants"). Scott Lennon and Michelle Wilson-Clarke (together, the "Walkers Director Defendants"). (Signed by Judge Alvin K. Hellerstein on 11/2/2011) (djc) Modified on 11/2/2011 (djc).
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Filing 137
ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Jordan W. Siev dated 10/31/2011 re: Counsel for plaintiffs Geoffrey Varga and Mark Longbottom writes enclosed herewith for Your honor's consideration is a fourth Joint Discovery Plan which has been agreed to by all of the parties. The parties previously submitted a Revised Third Joint Discovery Plan to the Court on September 13, 2011. The fact discovery portion of the Revised Third Joint discovery Plan was ordered by the Court on September 22, 2011 Hence, the parties now jointly submit this Fourth Joint Discovery Plan, modifying the deadlines contained in the Revised Third Joint Discovery Plan, in advance of the upcoming Status Conference before the Court scheduled for Wednesday, November 2, 2011 at 11:30 a.m. ENDORSEMENT: I accept the plan to the extent that it provides for the completion of fact discovery by April 13, 2012. A case Management conference will be held April 19, 2012, at 2:30 p.m. to plan further proceedings. So Ordered., ( Discovery due by 4/13/2012.) ( Case Management Conference set for 4/19/2012 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/31/2011) (js)
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| Filing 136 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/16/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 135 TRANSCRIPT of Proceedings re: Conference held on 9/16/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/31/2011. Redacted Transcript Deadline set for 11/10/2011. Release of Transcript Restriction set for 1/6/2012.(McGuirk, Kelly) |
| Filing 134 DECLARATION of Andrew J. Entwistle in Support re: #132 MOTION for Settlement Notice of Motion for Final Approval of Derivative Litigation Settlement and Award of Attorneys' Fees and Expenses.. Document filed by Navigator Capital Partners, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Entwistle, Andrew) |
| Filing 133 MEMORANDUM OF LAW in Support re: #132 MOTION for Settlement Notice of Motion for Final Approval of Derivative Litigation Settlement and Award of Attorneys' Fees and Expenses.. Document filed by Navigator Capital Partners, L.P.. (Entwistle, Andrew) |
| Filing 132 MOTION for Settlement Notice of Motion for Final Approval of Derivative Litigation Settlement and Award of Attorneys' Fees and Expenses. Document filed by Navigator Capital Partners, L.P..(Entwistle, Andrew) |
| Filing 131 NOTICE of Settlement Notice of Motion for Final Approval of Derivative Litigation Settlement and Award of Attorneys' Fees and Expenses. Document filed by Navigator Capital Partners, L.P.. (Entwistle, Andrew) |
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Filing 130
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jordan W. Siev dated 9/13/2011 re: counsel for plaintiffs Geoffrey Varga and Mark Longbottom writes that the parties now jointly submit this Revised Third Joint Discovery Plan in advance of the upcoming Status Conference before the Court scheduled for Friday, September 16, 2011 at 10:00 a.m.. ENDORSEMENT: The report of the parties is accepted, and shall be filed. The fact discovery paragraph 1 of the Stipulation is "So Ordered", further proceedings shall await a conference to be held on Feb. 10, 2012, 10:00 a.m. ( Status Conference set for 2/10/2012 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/22/2011) (pl) Modified on 9/22/2011 (pl).
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| Filing 128 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/16/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 127 TRANSCRIPT of Proceedings re: Conference held on 9/16/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/17/2011. Redacted Transcript Deadline set for 10/27/2011. Release of Transcript Restriction set for 12/23/2011.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 9/16/2011. Next Conference set for 11/2/2011 at 11:30 AM before Judge Alvin K. Hellerstein. (mro) |
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Filing 129
ENDORSED LETTER addressed to Concerned Parties from Brigitte Jones, Courtroom Deputy by Order of Judge Alvin K. Hellerstein dated 9/14/2011 re: You are hereby notified that you are required to appear for a settlement hearing. ENDORSEMENT: that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case file. Do not fax such verification to Chambers. (Signed by Judge Alvin K. Hellerstein on 9/14/11) (pl)
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| Filing 126 DECLARATION of Arthur V. Nealon in Support re: #124 MOTION for Settlement Notice of Motion for Preliminary Approval of Settlement and Entry of Proposed Order for Notice and Hearing.. Document filed by Navigator Capital Partners, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Nealon, Arthur) |
| Filing 125 MEMORANDUM OF LAW in Support re: #124 MOTION for Settlement Notice of Motion for Preliminary Approval of Settlement and Entry of Proposed Order for Notice and Hearing.. Document filed by Navigator Capital Partners, L.P.. (Nealon, Arthur) |
| Filing 124 MOTION for Settlement Notice of Motion for Preliminary Approval of Settlement and Entry of Proposed Order for Notice and Hearing. Document filed by Navigator Capital Partners, L.P..(Nealon, Arthur) |
| Filing 123 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Barry H. Berke dated 8/11/11 re: counsel for Bear Stearns Entities and the Director Defendants respectfully requests a short adjournment of the August 19 conference, which was scheduled by the Court after the parties provided the Court with a written status update and requested an adjournment of a May 13 conference until after the July 28 mediation between the parties. Due to the schedules of all counsel, we respectfully request that the Court adjourn the conference until after Labor Day. All parties consent to this request. ENDORSEMENT: The conf. is adjourned to Sep. 16, 2011, 10;00 a.m., ( Status Conference set for 9/16/2011 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/11/11) (pl) |
| Filing 122 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Arthur V. Nealon dated 6/22/11 re: counsel for plaintiff writes on behalf of all parties to request an adjournment of the status conference scheduled for Friday, June 24 at 10 a.m. ENDORSEMENT: The conf. is adjourned to Aug. 19, 2011, 10:00 am., ( Status Conference set for 8/19/2011 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/22/11) (pl) Modified on 6/22/2011 (pl). |
| Filing 121 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Kerri Ann Law dated 5/10/2011 re: Requesting an adjournment of the conference scheduled for May 13, 2011, until a date to be set after the parties submit settlement. ENDORSEMENT: The City is adjourned to June 24, 2011 at 10:00 am. (Signed by Judge Alvin K. Hellerstein on 5/12/2011) (jpo) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 4/13/2011, ( Status Conference set for 5/13/2011 at 10:00 AM before Judge Alvin K. Hellerstein.). (mbe) |
| Filing 120 NOTICE OF APPEARANCE by John Thomas McGoey on behalf of Ralph Cioffi (McGoey, John) |
| Filing 119 NOTICE OF APPEARANCE by Kathryn Rebecca Vogel on behalf of Ralph Cioffi (Vogel, Kathryn) |
| Filing 118 NOTICE of Motion for Withdrawal of Appearance. Document filed by Navigator Capital Partners, L.P.. (Attachments: #1 Text of Proposed Order)(Gonnello, Richard) |
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Filing 117
ENDORSED LETTER addressed to Please see attached fax cover from Brigitte Jones, Courtroom Deputy, by Order of Judge Alvin K Hellerstein dated 2/17/11 re: You are hereby notified that you are required to appear for an oral argument. Date: 4/13/11. Time: 11:00 am. ENDORSEMENT: It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case file. Do not fax such verification to Chambers. So Ordered. (Oral Argument set for 4/13/2011 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/17/11) Copies Faxed By Chambers. (db)
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Filing 116
NOTICE OF MOTION TO WITHDREW AS COUNSEL OF RECORD granting #110 Motion to Withdraw as Attorney. Attorney Jessica Lively terminated. Please Take Notice upon the accompany Affirmation of Jessica Lively dated October 28, 2010, I move this court pursuant to Local Civil Rule 1.4 for an Order allowing my withdrawal as counsel for Defendants Walkers Funds Services Limited, Scott Lennon and Michelle Wilson-Clarke on this matter, and cancelling my receipt of Electronic Notices. ENDORSEMENT: Motion as to Attorney Jessica Lively is granted. (Signed by Judge Alvin K. Hellerstein on 2/10/2011) (jmi)
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Filing 115
MEMO ENDORSEMENT on re: #114 Notice (Other) filed by Navigator Capital Partners, L.P. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/7/2011) (jfe)
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| Filing 114 NOTICE of Motion for Withdrawal of Appearance. Document filed by Navigator Capital Partners, L.P.. (Attachments: #1 Text of Proposed Order)(Whitman, Johnston) |
| Filing 113 SECOND JOINT DISCOVERY PLAN: Fact depositions may commence on November 3, 2010. All fact depositions and other fact discovery shall be completed by May 27, 2011. Plaintiffs' expert reports in the above-captioned actions shall be served no later than July 13, 2011. Defendants' expert reports shall be served no later than September 9, 2011. Plaintiffs' reply/supplemental expert reports, if any, shall be served no later than October 28, 2011. Depositions of plaintiffs' experts shall begin on November 11, 2011, and shall be completed no later than December 14, 2011. Depositions of defendants' experts shall begin on December 19, 2011, and shall be completed no later than January 18, 2012. Moving papers for any motions for summary judgment shall be served no later than February 24, 2012. Any opposition papers shall be served no later than March 30, 2012 and any reply papers shall be served no later than April 27, 2012. (Signed by Judge Alvin K. Hellerstein on 2/2/2011) (jpo) |
| Filing 112 NOTICE OF APPEARANCE by Melissa Dassori on behalf of Matthew Tannin (Dassori, Melissa) |
| Filing 111 AFFIRMATION of Jessica Lively in Support re: #110 MOTION for Jessica Lively to Withdraw as Attorney /Notice of Motion to Withdraw as Counsel of Record.. Document filed by Scott Lennon, Walkers Fund Services Limited, Michelle Wilson-Clarke. (Lively, Jessica) |
| Filing 110 MOTION for Jessica Lively to Withdraw as Attorney /Notice of Motion to Withdraw as Counsel of Record. Document filed by Scott Lennon, Walkers Fund Services Limited, Michelle Wilson-Clarke.(Lively, Jessica) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jessica Lively to RE-FILE Document #109 MOTION for Jessica Lively to Withdraw as Attorney /Notice of Motion to Withdraw as Counsel of Record. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 109 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jessica Lively to Withdraw as Attorney /Notice of Motion to Withdraw as Counsel of Record. Document filed by Scott Lennon, Walkers Fund Services Limited, Michelle Wilson-Clarke. (Attachments: #1 Affirmation of Jessica Lively)(Lively, Jessica) Modified on 10/29/2010 (db). |
| Filing 108 TRANSCRIPT of proceedings held on September 14, 2010 4:30 before Judge Alvin K. Hellerstein. (ajc) |
| Filing 107 TRANSCRIPT of proceedings held on 9/14/2010 before Judge Alvin K. Hellerstein. (jn) |
| Filing 106 NOTICE OF CHANGE OF ADDRESS by Kendra Lynne Melrose on behalf of Matthew Tannin. New Address: Brune & Richard LLP, One Battery Park Plaza, 34th Floor, New York, New York, 10004,. (Melrose, Kendra) |
| Filing 105 NOTICE OF CHANGE OF ADDRESS by Theresa Marie Trzaskoma on behalf of Matthew Tannin. New Address: Brune & Richard LLP, One Battery Park Plaza, 34th Floor, New York, New York, 10004,. (Trzaskoma, Theresa) |
| Filing 104 NOTICE OF CHANGE OF ADDRESS by Nina Minard Beattie on behalf of Matthew Tannin. New Address: Brune & Richard LLP, One Battery Park Plaza, 34th Floor, New York, New York, 10004,. (Beattie, Nina) |
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Filing 103
REVISED ORDER: Status Conference set for 9/14/2010 at 04:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein, as set forth in this Order. (Signed by Judge Alvin K. Hellerstein on 6/28/2010) (jpo)
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| Set Deadlines/Hearings: Status Conference set for 9/14/2010 at 04:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (jpo) |
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Filing 102
ORDER. Oral Argument set for 9/14/2010 at 04:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/28/10) (djc)
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| Filing 101 NOTICE OF APPEARANCE by Kendra Lynne Melrose on behalf of Matthew Tannin (Melrose, Kendra) |
| Filing 100 TRANSCRIPT of proceedings held on May 27, 2010 10:30 a.m. before Judge Alvin K. Hellerstein. (ajc) |
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Filing 99
ENDORSED LETTER addressed to All Counsel of Record from Brigitte Jones, Courtroom Deputy by Order of Judge Alvin K. Hellerstein dated 6/3/2010 re: The oral argument scheduled for 6/24/2010 at 11:00 a.m. is hereby adjourned. ENDORSEMENT: You are hereby notified that you are required to appear for an oral argument on 6/24/2010 at 10:00 a.m. in Courtroom 14D. It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case file. Do not fax verification to Chambers. (Oral Argument set for 6/24/2010 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/3/2010) (tro) Modified on 6/7/2010 (tro).
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Filing 98
ORDER, re: Faxed Letter from Brigitte Jones, Courtroom Deputy For Judge Alvin K. Hellerstein, dated 5/21/10, sent to: (See attached Fax Cover), regarding Oral Argument set for 6/24/2010 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. It is Ordered that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case filed. Do not fax such verification to Chambers. (Signed by Judge Alvin K. Hellerstein on 05/21/10) (pl) . Modified on 6/3/2010 (pl).
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| Filing 97 REPLY MEMORANDUM OF LAW in Support re: #88 MOTION to Consolidate Cases 07-7783, 09-4223 Notice of Motion and Motion by Stillwater Market Neutral Fund II LP to Consolidate Related Shareholder Derivative Actions, and to Appoint Co-Lead Plaintiffs and Co-Lead Counsel.. Document filed by Stillwater Market Neutral Fund II LP. (Weiss, Lee) |
| Filing 96 DECLARATION of ARTHUR V. NEALON in Support re: #83 MOTION to Dismiss NOTICE OF MOTION.. Document filed by Navigator Capital Partners, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nealon, Arthur) |
| Filing 95 REPLY MEMORANDUM OF LAW in Support re: #83 MOTION to Dismiss NOTICE OF MOTION. REPLY MEMORANDUM OF PLAINTIFF NAVIGATOR CAPITAL PARTNERS, L.P. IN SUPPORT OF MOTION TO DISMISS, STAY OR CONSOLIDATE DUPLICATIVE CLAIMS AND IN OPPOSITION TO MOTION BY STILLWATER MARKET NEUTRAL FUND II LP FOR APPOINTMENT OF CO-LEAD PLAINTIFFS AND COUNSEL. Document filed by Navigator Capital Partners, L.P.. (Nealon, Arthur) |
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Filing 94
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Kerri Ann Law dated 1/7/2010 re: Counsel requests that Your Honor wait until the moving defendants' motion to dismiss, stay, or consolidate the Stillwater action is fully briefed before ruling on any issues raised by the parties' respective motions. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 1/8/2010) (tro)
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Filing 93
SECOND AMENDED STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Alvin K. Hellerstein on 1/4/2010) (jmi)
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| Filing 92 DECLARATION of Jack Doueck in Support re: #88 MOTION to Consolidate Cases 07-7783, 09-4223 Notice of Motion and Motion by Stillwater Market Neutral Fund II LP to Consolidate Related Shareholder Derivative Actions, and to Appoint Co-Lead Plaintiffs and Co-Lead Counsel.. Document filed by Stillwater Market Neutral Fund II LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Weiss, Lee) |
| Filing 91 DECLARATION of Brent A. Burns in Support re: #88 MOTION to Consolidate Cases 07-7783, 09-4223 Notice of Motion and Motion by Stillwater Market Neutral Fund II LP to Consolidate Related Shareholder Derivative Actions, and to Appoint Co-Lead Plaintiffs and Co-Lead Counsel.. Document filed by Stillwater Market Neutral Fund II LP. (Weiss, Lee) |
| Filing 90 DECLARATION of Lee A. Weiss in Support re: #88 MOTION to Consolidate Cases 07-7783, 09-4223 Notice of Motion and Motion by Stillwater Market Neutral Fund II LP to Consolidate Related Shareholder Derivative Actions, and to Appoint Co-Lead Plaintiffs and Co-Lead Counsel.. Document filed by Stillwater Market Neutral Fund II LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Weiss, Lee) |
| Filing 89 MEMORANDUM OF LAW in Opposition re: #88 MOTION to Consolidate Cases 07-7783, 09-4223 Notice of Motion and Motion by Stillwater Market Neutral Fund II LP to Consolidate Related Shareholder Derivative Actions, and to Appoint Co-Lead Plaintiffs and Co-Lead Counsel., #83 MOTION to Dismiss NOTICE OF MOTION. Memorandum of Law in Partial Opposition to Defendants' and Navigator's Motion to Dismiss, Stay or Consolidate the Stillwater Action, and in Support of Stillwater's Motion to Consolidate Related Shareholder Derivative Actions, and to Appoint Co-Lead Plaintiffs and Co-Lead Counsel. Document filed by Stillwater Market Neutral Fund II LP. (Weiss, Lee) |
| Filing 88 MOTION to Consolidate Cases 07-7783, 09-4223 Notice of Motion and Motion by Stillwater Market Neutral Fund II LP to Consolidate Related Shareholder Derivative Actions, and to Appoint Co-Lead Plaintiffs and Co-Lead Counsel. Document filed by Stillwater Market Neutral Fund II LP.(Weiss, Lee) |
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Filing 87
STIPULATION AMENDING FIRST JOINT DISCOVERY PLAN AND AGREED by the undersigned parties, through their undersigned counsel, as follows: I. Document Discovery 1. Phase I Discovery: Production of all documents that each party reasonably believes in good faith to be relevant to the claims and defenses in the above-captioned actions. a. The parties in the Navigator, FIC and the Varga 2008 Actions have produced documents in those actions in accordance with Phase I. The parties will continue to "meet and confer" in an attempt to resolve disputes about the sufficiency of their respective productions. b. Within 15 business days of the entry of the entry of this Order, each party in FIC, Navigator, and the Varga 2008 Actions shall produce to counsel for Deloitte U.S. and Deloitte Cayman: (i) a copy of all discovery that party has produced to date in these three actions in the same media in which it has previously been produced to the parties in those actions ("Previously Produced Phase I Discovery"); (ii) a copy of any cover letters accompanying those productions; (iii) copies of all correspondence generated to date by that party concerning discovery; and (iv) copies of all privilege logs provided to opposing counsel by that party. Because Navigator's counsel is currently in possession of Previously Produced Phase I Discovery, and in accordance with the Court's instructions to avoid unnecessary duplication, no party is obligated to provide Stillwater's counsel with Previously Produced Phase I Discovery 2. Phase II Discovery: Discovery of those categories of documents that a party in good faith believes were not included in Phase I productions. a. By January 15,2010, the parties in the FIC, Navigator and Varga 2008 Actions shall serve particularized discovery requests upon each other seeking categories of documents that each reasonably believes in good faith were not included in Phase I productions and which would be relevant to any claim or defense to the claims in these actions. By February 26, 2010, the parties shall provide written responses to the discovery requests. Between March 1 and March 26,2010, the parties shall meet in good faith to resolve any disputes and to discuss the custodians to be searched, the search terms to be used for electronic discovery, the scope of collection productions, and to discuss the dates for the commencement and conclusion of Phase II discovery. Parties in the FIC, Navigator and Varga 2008 Actions shall provide copies of their discovery requests and correspondence to the parties in the Varga 2009 and Stillwater Actions. b. By May 7, 2010, the parties in the Varga 2009 Action shall serve particularized discovery requests upon parties to the above-captioned actions seeking categories of documents that each reasonably believes in good faith were not included in Phase I productions and which would be relevant to any claim or defense to the claims in these actions. By June 7, 2010, the parties shall provide written responses to the discovery requests. Between June 14, 2010, and June 21, 2010, the parties shall meet in good faith to resolve any disputes and to discuss the custodians to be searched, the search terms to be used for electronic discovery, the scope of collection productions, and the dates for the commencement and conclusion of Phase II discovery II. Case Management Conference a. The December 15, 2009 case management conference shall be adjourned until May 27, 2010, at 10:00 a.m. as set forth in this order. ( Case Management Conference set for 5/27/2010 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/14/2009) (jmi)
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| Filing 86 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Arthur V. Nealon dated 12/10/2009 re: Counsel writes requesting that the Court reschedule the case management conference currently set for 12/15/2009 to a control date in 1/2010. ENDORSEMENT: Conf. adjourned to 1/28/2010, 10:00 am. (Signed by Judge Alvin K. Hellerstein on 12/11/2009) (tve) |
| Filing 85 DECLARATION of ARTHUR V. NEALON in Support re: #83 MOTION to Dismiss NOTICE OF MOTION.. Document filed by Navigator Capital Partners, L.P.. (Nealon, Arthur) |
| Filing 84 MEMORANDUM OF LAW in Support re: #83 MOTION to Dismiss NOTICE OF MOTION. MEMORANDUM OF PLAINTIFF NAVIGATOR CAPITAL PARTNERS, L.P. TO DISMISS OR STAY DUPLICATIVE CLAIMS OF PLAINTIFF STILLWATER MARKET NEUTRAL FUND II LP. Document filed by Navigator Capital Partners, L.P.. (Nealon, Arthur) |
| Filing 83 MOTION to Dismiss NOTICE OF MOTION. Document filed by Navigator Capital Partners, L.P..(Nealon, Arthur) |
| Filing 82 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Ralph Cioffi. Related document: #28 Amended Complaint, filed by Navigator Capital Partners, L.P.. (Attachments: #1 Certificate of Service)(Cahill, Lisa) |
| Filing 81 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Scott Lennon, Michelle Wilson-Clarke, Walkers Fund Services Limited. Related document: #28 Amended Complaint, filed by Navigator Capital Partners, L.P..(Seidel, Martin) |
| Filing 80 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Matthew Tannin. Related document: #28 Amended Complaint, filed by Navigator Capital Partners, L.P..(Trzaskoma, Theresa) |
| Filing 79 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Barry Cohen, Gerald Cummins, David Sandelovsky, Gregory Quental, The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp.. Related document: #28 Amended Complaint, filed by Navigator Capital Partners, L.P..(Law, Kerriann) |
| Filing 78 ANSWER to Amended Complaint. Document filed by Raymond McGarrigal.(Redlich, Catherine) |
| Filing 77 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Walkers Global Holdings Limited as Corporate Parent. Document filed by Walkers Fund Services Limited.(Seidel, Martin) |
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Filing 76
STIPULATION AND FIRST JOINT DISCOVERY PLAN: On 2/24/09, the parties in the above cases appeared before this Court for oral argument on the motions of Defendants to dismiss each of the amended complaint in the captioned coordinated actions. During the February Argument, this Court directed the parties in the Navigator and FIC Actions to begin producing documents on a rolling basis within twenty (20) days after a ruling on the motions to dismiss, and requested that plaintiffs in the Varga Action address certain issues in an amended complaint. During the February Argument, the Court also directed the parties to submit a joint discovery plan that preliminary: (i) sets the dates by which the parties will exchange documents and may serve initial interrogatories; (ii) sets dates for parties to identify individuals to be deposed and a time period for conducting depositions; and (iii) identifies a period midway through the deposition during which the parties will appear before the Court for a case management conference; NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned parties, through their undersigned counsel, as further set forth in this Stipulation and Order. Case Management Conference set for 12/15/2009 at 04:00 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 5/5/09) (tro)
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Filing 75
AMENDED STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Alvin K. Hellerstein on 5/5/09) (js)
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Filing 73
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Alvin K. Hellerstein on 3/18/09) (tro)
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| Filing 74 TRANSCRIPT of proceedings held on 2/24/09 before Judge Alvin K. Hellerstein. (ama) |
| Filing 72 STIPULATION that defendants' time to answer the complaint in this action is hereby extended to 4/10/09. Scott Lennon answer due 4/10/2009; Michelle Wilson-Clarke answer due 4/10/2009; Walkers Fund Services Limited answer due 4/10/2009. (Signed by Judge Alvin K. Hellerstein on 3/10/09) (cd) |
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Filing 71
ORDER: On February 24, 2009, the parties in the above-captioned cases appeared before me for oral argument on the motions of all Defendants to dismiss each of the three Amended Complaints. For the reasons stated on the record, the motions are denied as to the Navigator Amended Complaint and FIC Amended Complaint. As to the Varga Amended Complaint, the motions are denied as stated on the record, without prejudice to renewal. Plaintiffs may replead in that case by March 26, 2009. The Clerk shall mark the motions (Docs. #44, 46, 49,53, & 56 in 07 Civ. 7783; #30, 32, 34, & 37 in 07 Civ. 11633; and #81, 83, 85, 92, 94, 98, & 101 in 08 Civ. 3397) as terminated. (Signed by Judge Alvin K. Hellerstein on 2/25/09) (tro) Modified on 3/6/2009 (tro).
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| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 2/24/2009. Motions to dismiss 3 amended complaints are denied. (mro) |
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Filing 70
STIPULATION FOR SUBSTITUTION OF COUNSEL; that Cadwalader Wickersham & Taft LLP be substituted for Dwyer & Collora, LLP as attorneys of record for Walkers Fund Services Limited, Scott Lennon and Michelle Wilson-Clarke in the above-captioned action. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/22/2008) (tve) Modified on 2/24/2009 (tve).
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| Filing 69 REPLY MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss First Amended Class Action and Verified Derivative Complaint.. Document filed by Barry Cohen, Gerald Cummins, David Sandelovsky, Gregory Quental, The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp.. (Berke, Barry) |
| Filing 68 DECLARATION of Marjorie E. Sheldon in Support re: #56 MOTION to Dismiss First Amended Class Action and Verified Derivative Complaint.. Document filed by Barry Cohen, Gerald Cummins, David Sandelovsky, Gregory Quental, The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp.. (Berke, Barry) |
| Filing 67 REPLY MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss The Varga and Navigator Amended Complaints. /Defendants Walkers FS, Scott Lennon and Michelle Wilson-Clarke's Combined Memorandum of Law in Further Support of Their Motion to Dismiss. Document filed by Scott Lennon, Michelle Wilson-Clarke, Walkers Fund Services Limited. (Seidel, Martin) |
| Filing 66 REPLY MEMORANDUM OF LAW in Support re: #53 FIRST MOTION to Dismiss Amended Complaint.. Document filed by Matthew Tannin. (Beattie, Nina) |
| Filing 65 REPLY MEMORANDUM OF LAW in Support re: #44 MOTION to Dismiss Amended Complaints.. Document filed by Ralph Cioffi. (Attachments: #1 Certificate of Service)(Cahill, Lisa) |
| Filing 64 NOTICE OF APPEARANCE by Jessica Lively on behalf of Walkers Fund Services Limited (Lively, Jessica) |
| Filing 63 NOTICE OF APPEARANCE by Martin L. Seidel on behalf of Walkers Fund Services Limited (Seidel, Martin) |
| Filing 62 MEMORANDUM OF LAW in Opposition re: #46 MOTION to Dismiss The Varga and Navigator Amended Complaints.. Document filed by Navigator Capital Partners, L.P.. (Whitman, Johnston) |
| Filing 61 MEMORANDUM OF LAW in Opposition re: #53 FIRST MOTION to Dismiss Amended Complaint., #44 MOTION to Dismiss Amended Complaints., #49 MOTION to Dismiss Amended Complaints., #56 MOTION to Dismiss First Amended Class Action and Verified Derivative Complaint.. Document filed by Navigator Capital Partners, L.P.. (Whitman, Johnston) |
| Filing 60 DECLARATION of Marjorie E. Sheldon to provide the Court with the documents that are cited in the memorandum of law in support of the Bear Stearns Defendants' motion to dismiss. Document filed by The Bear Stearns Companies, Inc. (djc) (hard copy filed purs to Order of 10/29/08, docmt #42) |
| Filing 59 MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss The Varga and Navigator Amended Complaints.. Document filed by Scott Lennon, Michelle Wilson-Clarke, Walkers Fund Services Limited. (Attachments: #1 Part II of Memorandum)(Collora, Michael) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael Collora to RE-FILE Document #47 Memorandum of Law in Support of Motion. ERROR(S): Memorandum must be filed as one (1) entry. Add second part of the Memorandum as an attachment. (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael Collora to RE-FILE Document #48 Memorandum of Law in Support of Motion. ERROR(S): Memorandum must be filed as one (1) entry. Add second part of the Memorandum as an attachment. (jar) |
| Filing 58 MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss First Amended Class Action and Verified Derivative Complaint.. Document filed by Barry Cohen, Gerald Cummins, David Sandelovsky, Gregory Quental, The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp.. (Berke, Barry) |
| Filing 57 DECLARATION of Marjorie E. Sheldon in Support re: #56 MOTION to Dismiss First Amended Class Action and Verified Derivative Complaint.. Document filed by Barry Cohen, Gerald Cummins, David Sandelovsky, Gregory Quental, The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp.. (Berke, Barry) |
| Filing 56 MOTION to Dismiss First Amended Class Action and Verified Derivative Complaint. Document filed by Barry Cohen, Gerald Cummins, David Sandelovsky, Gregory Quental, The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp.. Return Date set for 1/7/2009 at 10:00 AM.(Berke, Barry) |
| Filing 55 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying JPMorgan Chase & Co. as Corporate Parent. Document filed by The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp..(Berke, Barry) |
| Filing 54 MEMORANDUM OF LAW in Support re: #53 FIRST MOTION to Dismiss Amended Complaint.. Document filed by Matthew Tannin. (Beattie, Nina) |
| Filing 53 FIRST MOTION to Dismiss Amended Complaint. Document filed by Matthew Tannin. Responses due by 12/3/2008 Return Date set for 1/7/2009 at 10:00 AM.(Beattie, Nina) |
| Filing 52 NOTICE of Motion re: #46 MOTION to Dismiss The Varga and Navigator Amended Complaints.. Document filed by Scott Lennon, Michelle Wilson-Clarke, Walkers Fund Services Limited. (Attachments: #1 Exhibit to Notice of Motion)(Collora, Michael) |
| Filing 51 DECLARATION of Michael A. Collora in Support re: #46 MOTION to Dismiss The Varga and Navigator Amended Complaints.. Document filed by Scott Lennon, Michelle Wilson-Clarke, Walkers Fund Services Limited. (Attachments: #1 Exhibit T, #2 Exhibit U, #3 Exhibit V, #4 Exhibit W, #5 Exhibit X, #6 Exhibit Y, #7 Exhibit Z (Part I), #8 Exhibit Z (Part II), #9 Exhibit Z (Part III), #10 Exhibit AA, #11 Exhibit BB)(Collora, Michael) |
| Filing 50 MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss Amended Complaints.. Document filed by Raymond McGarrigal. (Redlich, Catherine) |
| Filing 49 MOTION to Dismiss Amended Complaints. Document filed by Raymond McGarrigal.(Redlich, Catherine) |
| Filing 48 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss The Varga and Navigator Amended Complaints. Part II. Document filed by Scott Lennon, Michelle Wilson-Clarke, Walkers Fund Services Limited. (Collora, Michael) Modified on 10/31/2008 (jar). |
| Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss The Varga and Navigator Amended Complaints. Part I. Document filed by Scott Lennon, Michelle Wilson-Clarke, Walkers Fund Services Limited. (Collora, Michael) Modified on 10/31/2008 (jar). |
| Filing 46 MOTION to Dismiss The Varga and Navigator Amended Complaints. Document filed by Scott Lennon, Michelle Wilson-Clarke, Walkers Fund Services Limited.(Collora, Michael) |
| Filing 45 MEMORANDUM OF LAW in Support re: #44 MOTION to Dismiss Amended Complaints.. Document filed by Ralph Cioffi. (Masimore, Jason) |
| Filing 44 MOTION to Dismiss Amended Complaints. Document filed by Ralph Cioffi.(Masimore, Jason) |
| Filing 43 NOTICE OF APPEARANCE by Lisa Ann Cahill on behalf of Ralph Cioffi (Attachments: #1 Certificate of Service)(Cahill, Lisa) |
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Filing 42
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Marjorie E. Sheldon dated 10/28/08 re: Counsel for defendant requests Your Honor's permission, in advance the October 30 filing date, to file the declaration and accompanying exhibits in hard copy. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/28/08) (js)
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Filing 41
STIPULATION AND ORDER TO CHANGE COUNSEL; that the Law firm of Kramer Levin Naftalis & Frankel LLP, located at 1177 Avenue of the Americas, New York, New York 10036, be substituted as counsel of record for defendants The Bear Stearns Companies Inc., Bear Stearns Asset Management Inc., Bear Stearns & Co. Inc., and Bear Stearns Securities Corp. (the "Bear Stearns Defendants"), in the above-entitled action in place and stead of Wilmer Cutler Pickering Hale and Dorr- LLP ("Wilmer Hale"), 399 Park Avenue, New York, New York 10022, as of the date hereof, and that Wilmer Hale is hereby withdrawing as counsel of record for the Bear Stearns Defendants. (Signed by Judge Alvin K. Hellerstein on 10/10/2008) (tve)
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| Filing 40 TRANSCRIPT of proceedings held on 9/8/2008 before Judge Alvin K. Hellerstein. (jn) |
| Filing 39 TRANSCRIPT of proceedings held on 9/08/08 before Judge Alvin K. Hellerstein. (ama) |
| Filing 38 TRANSCRIPT of proceedings held on 9/8/2008 before Judge Alvin K. Hellerstein. (jn) |
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Filing 37
STIPULATION AND ORDER: It is hereby Stipulated and agreed that all defendants shall serve and file motions to dismiss or answers in response to the amended complaints in each of the three actions no later than October 30, 2008. All plaintiffs shall serve and file opposing papers to the motions to dismiss filed in each of the three actions no later than December 3, 2008. All defendants shall serve and file reply papers on their dismissal motions in each of the three actions no later than December 19, 2008. The Court will hold oral argument on the motions to dismiss in the three above-captioned actions on January 7, 2009 at 10:00 AM. Discovery in each of the three above-captioned actions is stayed until a decision on dismissal motion in each of the three actions (the "Discovery Commencement Date"). 20 days after the Discovery Commencement Date, any defendant whose motion to dismiss has been denied (in whole or in part) or who has served an answer and plaintiffs shall produce relevant discovery materials and privilege logs. Discovery requests upon the parties are to be made after the parties have had an opportunity to inspect the materials produced on the Discovery Commencement Date. (Signed by Judge Alvin K. Hellerstein on 9/15/2008) (jfe)
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| Filing 36 MOTION TO ADMIT MICHAEL A. COLLORA MICHAEL B. GALVIN JUSTIN P. OBRIAN AND AMY B. AUTH AS COUNSEL PRO HAC VICE: Attorney Michael A. Collora for Scott Lennon, Michelle Wilson-Clarke and Walkers Fund Services Limited, Michael B. Galvin for Scott Lennon, Michelle Wilson-Clarke and Walkers Fund Services Limited, Justin P. O'Brien for Scott Lennon, Michelle Wilson-Clarke and Walkers Fund Services Limited, Amy B. Auth for Scott Lennon, Michelle Wilson-Clarke and Walkers Fund Services Limited admitted Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 9/9/08) (js) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #36 Order Admitting Attorney Pro Hac Vice,,, to the Attorney Admissions Clerk for updating of Attorney Information. (js) |
| Filing 35 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was accepted by Jennifer D. Vargas, Law Clerk. Document filed by Navigator Capital Partners, L.P.. (Entwistle, Andrew) |
| Filing 34 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was accepted by Jennifer D. Vargas, Law Clerk. Document filed by Navigator Capital Partners, L.P.. (Entwistle, Andrew) |
| Filing 33 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was accepted by Jennifer D. Vargas, Law Clerk. Document filed by Navigator Capital Partners, L.P.. (Entwistle, Andrew) |
| Filing 32 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was accepted by Jennifer D. Vargas, Law Clerk. Document filed by Navigator Capital Partners, L.P.. (Entwistle, Andrew) |
| Filing 31 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Max R. Shulman dated 8/20/08 re: Counsel requests that the conference currently set for Tuesday, September 2, 2008, at 3:00 p.m., to either the afternoon of Monday, September 8 or anytime on Friday, September 12. ENDORSEMENT: Conference adjourned to September 8, 2008 at 2:30 p.m., ( Status Conference set for 9/8/2008 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/25/08) (mme) |
| Filing 30 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Barry H. Berke dated 8/18/08 re: Request that the current briefing schedules be adjourned pending a decision as to whether these three (07cv11633, 07cv7783 and 08cv3397) should be consolidated. ENDORSEMENT: A conference will be held on 9/2/08 at 3 p.m. (Status Conference set for 9/2/2008 at 03:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/18/08) (db) |
| Filing 29 CERTIFICATE OF SERVICE of Amended Class Action and Verified Derivative Complaint served on Defendants Bear, Stearns Securities Corp., The Bear Stearns Companies Inc., Bear, Stearns & Co. Inc., Bear Stearns Asset Management Inc., Raymond Mc Garrigal, Ralph Cioffi and Matthew Tannin on August 13, 2008. Service was made by MAIL. Document filed by Navigator Capital Partners, L.P.. (Entwistle, Andrew) |
| Filing 28 FIRST AMENDED COMPLAINT against Barry Cohen, Gerald Cummins, David Sandelovsky, Gregory Quental, Scott Lennon, Michelle Wilson-Clarke, Walkers Fund Services Limited, The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Ralph Cioffi, Raymond McGarrigal, Matthew Tannin, Bear Stearns High-Grade Structured Credit Strategies, L.P., Bear Stearns Asset Management, Bear, Stearns Securities Corp. Document filed by Navigator Capital Partners, L.P.(dle) (dle). |
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Filing 27
AMENDED JOINT STIPULATION AND ORDER REGARDING SCHEDULING: Plaintiff to file their Amended Complaint by 8/12/08. The Bear Stearn Defendant's to file their Motion to Dismiss or answer the amended complaint by 10/23/08. Individual defendants to file their Motion to Dismiss or answer by 10/30/08. Plaintiff opposition due by 11/21/08. Bear Stearns defendants to file their reply by 12/24/08. Individual defendants to file reply by 1/5/09. Amended Pleadings due by 8/12/2008. Motions due by 10/30/2008. Responses due by 11/21/2008. Replies due by 1/5/2009. (Signed by Judge Alvin K. Hellerstein on 7/29/08) (db)
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| Filing 26 NOTICE OF APPEARANCE by Marjorie E. Sheldon on behalf of The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp. (Sheldon, Marjorie) |
| Filing 25 NOTICE OF APPEARANCE by Kerriann Law on behalf of The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp. (Law, Kerriann) |
| Filing 24 NOTICE OF APPEARANCE by Stephen Matthew Sinaiko on behalf of The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp. (Sinaiko, Stephen) |
| Filing 23 NOTICE OF APPEARANCE by Barry H Berke on behalf of The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp. (Berke, Barry) |
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Filing 22
JOINT STIPULATION AND ORDER REGARDING SCHEDULING: Plaintiff shall file its Amended Complaint on or before 7/29/2008. Defendants shall file their motion(s) to dismiss or answer(s) to the Amended Complaint on or before 9/29/2008. If Defendants move to dismiss the Amended Complaint, Plaintiff shall file its submissions in opposition to Defendants' motion(s) on or before 10/27/2008. Defendants shall file any reply submissions in further support of their motion(s) to dismiss the Amended Complaint on or before 11/21/2008. Counsel for Plaintiff and counsel for each of the Defendants shall confer pursuant to Rule 26(f) of the F.R.C.P. on or before 8/18/2008. Counsel shall submit to the Court pursuant to Rule 26(f) of the F.R.C.P. a joint written report outlining a proposed discovery plan on or before 9/15/2008. SO ORDERED. ( Amended Pleadings due by 7/29/2008. Motions due by 9/29/2008. Replies due by 11/21/2008. Responses due by 10/27/2008.) (Signed by Judge Alvin K. Hellerstein on 7/7/2008) (tve)
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| Filing 21 MANDATE of USCA (Certified Copy) USCA Case Number 08-1658-mv. Petitioners, through counsel, move, pursuant to 28 U.S.C. 1453(c), for leave to appeal the district court`s order granting Respondent`s motion to remand to state court. Upon due consideration, it is hereby ORDERED that the petition for leave to appeal is GRANTED, the district court`s remand order is reversed, and the case is remanded to the United States District Court for the Southern District of New York for further proceedings. See Estate of Pew v. Cardarelli, F.3d, No. 06-5703-mv (2d Cir. May 13, 2008). Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 7/2/2008. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #21 USCA Mandate. (nd) |
| Filing 20 TRANSCRIPT of proceedings held on 3/26/08 before Judge Alvin K. Hellerstein. (ama) |
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Filing 19
SUMMARY ORDER granting #5 Motion to Remand. Plaintiff's motion for attorney's fees and costs is denied. The Clerk shall mark the case as closed. (Signed by Judge Alvin K. Hellerstein on 3/27/08) (cd)
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via Federal Express AIRBILL # 8651 7529 1700 on 3/27/08. (cd) |
| Filing 18 NOTICE OF APPEARANCE by Ariel Bernard Waldman on behalf of The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp. (Waldman, Ariel) |
| Filing 17 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Michael Rosner dated 2/1/08 re: Request that oral argument on plaintiff's motion to remand set for 2/19/08 be adjourned to 3/13/08. ENDORSEMENT: Adjourned to 3/19/08, 3:00 pm. ( Oral Argument set for 3/19/2008 at 03:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/5/08) (cd) |
| Filing 16 REPLY MEMORANDUM OF LAW in Support re: #5 MOTION to Remand to New York State Supreme Court, County of New York.. Document filed by Navigator Capital Partners, L.P.. (Whitman, Johnston) |
| Filing 15 DECLARATION of Rajan Govindan in Opposition re: #5 MOTION to Remand to New York State Supreme Court, County of New York.. Document filed by The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Ralph Cioffi, Raymond McGarrigal, Matthew Tannin, Bear Stearns Asset Management, Bear, Stearns Securities Corp.. (Vigeland, Peter) |
| Filing 14 DECLARATION of Robert Ervin in Opposition re: #5 MOTION to Remand to New York State Supreme Court, County of New York.. Document filed by The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Ralph Cioffi, Raymond McGarrigal, Matthew Tannin, Bear Stearns Asset Management, Bear, Stearns Securities Corp.. (Vigeland, Peter) |
| Filing 13 DECLARATION of Matthew Tannin in Opposition re: #5 MOTION to Remand to New York State Supreme Court, County of New York.. Document filed by The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Ralph Cioffi, Raymond McGarrigal, Matthew Tannin, Bear Stearns Asset Management, Bear, Stearns Securities Corp.. (Vigeland, Peter) |
| Filing 12 DECLARATION of Daniel C. Richenthal in Opposition re: #5 MOTION to Remand to New York State Supreme Court, County of New York.. Document filed by The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Ralph Cioffi, Raymond McGarrigal, Matthew Tannin, Bear Stearns Asset Management, Bear, Stearns Securities Corp.. (Attachments: #1 Exhibit F#2 Exhibit J)(Vigeland, Peter) |
| Filing 11 MEMORANDUM OF LAW in Opposition re: #5 MOTION to Remand to New York State Supreme Court, County of New York.. Document filed by The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Ralph Cioffi, Raymond McGarrigal, Matthew Tannin, Bear Stearns Asset Management, Bear, Stearns Securities Corp.. (Attachments: #1 Table of Contents to Exhibits)(Vigeland, Peter) |
| Filing 10 NOTICE OF APPEARANCE by Jason Andrew Masimore on behalf of Ralph Cioffi (Masimore, Jason) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Johnston de Forest Whitman, Jr. to E-MAIL pdf to orders_and_judgments@nysd.uscourts.gov Document No. #8 [Proposed] Order of Remand. This document is not filed via ECF. (KA) |
| Filing 9 DECLARATION of Andrew J. Entwistle in Support re: #5 MOTION to Remand to New York State Supreme Court, County of New York.. Document filed by Navigator Capital Partners, L.P.. (Attachments: #1 Exhibit #1#2 Exhibit #2#3 Exhibit #3#4 Exhibit #4)(Whitman, Johnston) |
| Filing 8 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of Proposed Order of Remand [PROPOSED] ORDER OF REMAND. Document filed by Navigator Capital Partners, L.P.. (Whitman, Johnston) Modified on 10/2/2007 (KA). |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 9) - DECLARATION of Andrew J. Entwistle in Support re: #5 MOTION to Remand to New York State Supreme Court, County of New York.. Document filed by Navigator Capital Partners, L.P.. (Attachments: #1 Exhibit 3#2 Exhibit 4)(Whitman, Johnston) Modified on 10/9/2007 (GF). |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Remand to New York State Supreme Court, County of New York.. Document filed by Navigator Capital Partners, L.P.. (Whitman, Johnston) |
| Filing 5 MOTION to Remand to New York State Supreme Court, County of New York. Document filed by Navigator Capital Partners, L.P..(Whitman, Johnston) |
| Filing 4 NOTICE OF APPEARANCE by Andrew J Entwistle on behalf of Navigator Capital Partners, L.P. (Entwistle, Andrew) |
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Filing 3
JOINT STIPULATION AND ORDER REGARDING SCHEDULING that defenants' answer/motion to dismiss the complaint is adjourned sine die until after this Court resolves Plaintiff's motion for remand of the action, at which time the Parties will, if necessary, propose a briefing schedule for any motion to dismiss to the Court. Plaintiff Motion for Remand due by 9/28/2007. Response due by 10/26/2007. Reply due by 11/9/2007. (Signed by Judge Alvin K. Hellerstein on 9/6/07) (cd) Modified on 9/10/2007 (Lewis, Diahann).
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| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying BSC as Corporate Parent. Document filed by The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Bear Stearns Asset Management, Bear, Stearns Securities Corp.(tro) Additional attachment(s) added on 9/7/2007 (Rodriguez, Tiffany). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 07-602663. (Filing Fee $ 350.00, Receipt Number 625946).Document filed by The Bear Stearns Companies, Inc., Bear, Stearns & Co., Inc., Ralph Cioffi, Raymond McGarrigal, Matthew Tannin, Bear Stearns Asset Management, Bear, Stearns Securities Corp.(tro) Additional attachment(s) added on 9/7/2007 (Rodriguez, Tiffany). Additional attachment(s) added on 11/6/2007 (Rodriguez, Tiffany). Additional attachment(s) added on 11/6/2007 (Rodriguez, Tiffany). |
| Magistrate Judge Douglas F. Eaton is so designated. (tro) |
| Case Designated ECF. (tro) |
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