In Re: ProShares Trust Securities Litigation
Plaintiff: Steven S. Novick, Susan Asai, stephen c. herman, Charles Sankowich and Michael A. Hyman
Defendant: Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co., Michael L. Sapir, Louis M. Mayberg, Russell S. Reynolds, III, Michael Wachs, Simon D. Collier and ProShares Trust II
Petitioner: Michael Moss, CLAL Finance Batucha Investment Management, Ltd., George Prussin, Kalvin Kimbrough, The Ka Fai Group, Kevin E. O'Connell, Valancius, Forlader, Bailie, Parizotto, and the Marshalls, SRS Investor Group, Feng Chen, Lin Qiao, SKF Investor Group, Evan Stoopler, Kalvinder S. Bassi, Carl Carey, Amir Mostafavi, Alan Parker, Maryanne D. Piplica, James Vidrine, The Savoie Movants, Michael Eric Codlin and ProShares Investor Group
Lead Plaintiff: Mark Karasick
Consolidated Plaintiff: Steven Schnall, Sherri Schnall and Howard Schwack
Consolidated Defendant: Edward Karpowicz, William E. Seale, Charles Todd and Barry Pershkow
Interested Party: Jonathan Dean, David Marconi, Ariana Parizotto, Parjiana Razzvi, Wen-Hou Ma and Nan-Fong Wang
Case Number: 1:2009cv06935
Filed: August 5, 2009
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: John G Koeltl
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 6, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2014 Opinion or Order Filing 232 MEMORANDUM OPINION AND ORDER # 104030 re: #213 MOTION for Attorney Fees and Costs filed by William E. Seale, Russell S. Reynolds, III, Proshares Trust, SEI Investments Distribution Co., Simon D. Collier, Edward Karpowicz, Proshare Advisors LLC, Louis M. Mayberg, Michael Wachs, ProShares Trust II, Michael L. Sapir, Charles Todd, #226 MOTION for Leave to File Surreply filed by Mark Karasick. The defendants' motion for an award of attorneys' fees is denied. The plaintiffs have requested leave to file a surreply brief in connection with this motion. This request is denied as moot. The Clerk is directed to close Docket Nos. 213 and 226. SO ORDERED. (Signed by Judge John G. Koeltl on 3/05/2014) (ama) Modified on 3/7/2014 (ca).
December 26, 2013 Opinion or Order Filing 231 REPLY MEMORANDUM OF LAW in Support re: #226 MOTION for Leave to File Surreply.. Document filed by Mark Karasick. (Lovell, Christopher)
December 23, 2013 Opinion or Order Filing 230 NOTICE OF WITHDRAWAL OF ROBERT A SKINNER: PLEASE TAKE NOTICE that Robert A. Skinner, the undersigned, is withdrawing as one of the attorneys of record in this matter because the undersigned is leaving the law firm of Ropes & Gray LLP. Zachary Brez, a member of Ropes & Gray LLP, will continue to represent defendants ProShares Trust, ProShares Trust II, ProShare Advisors LLC, SEI Investments Distribution Co., Michael Sapir, Louis Mayberg, Edward Karpowicz, William Seale, Ph.D. Simon Collier, and Charles Todd, (Signed by Judge John G. Koeltl on 12/23/2014) (js)
December 18, 2013 Opinion or Order Filing 229 MEMORANDUM OF LAW in Opposition re: #226 MOTION for Leave to File Surreply.. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, ProShares Trust II, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, Charles Todd, Michael Wachs. (Skinner, Robert)
December 16, 2013 Opinion or Order Filing 228 CERTIFICATE OF SERVICE. Document filed by Mark Karasick. (Lovell, Christopher)
December 16, 2013 Opinion or Order Filing 227 MEMORANDUM OF LAW in Support re: #226 MOTION for Leave to File Surreply.. Document filed by Mark Karasick. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Lovell, Christopher)
December 16, 2013 Opinion or Order Filing 226 MOTION for Leave to File Surreply. Document filed by Mark Karasick.(Lovell, Christopher)
December 16, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Christopher Lovell. Document No. #225 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion for Leave to File a Document must be formally filed. (db)
December 14, 2013 Opinion or Order Filing 225 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Christopher Lovell dated 12/13/13. Document filed by Mark Karasick. (Attachments: #1 Proposed Plaintiffs' Surreply Memorandum In Further Opposition To Defendants' Motion For Award Of Attorneys' Fees And Costs, #2 Text of Proposed Order)(Lovell, Christopher) Modified on 12/16/2013 (db).
December 13, 2013 Opinion or Order Filing 224 NOTICE OF APPEARANCE by Zachary S. Brez on behalf of Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, ProShares Trust II, Proshare Advisors LLC, Proshares Trust, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd. (Brez, Zachary)
December 4, 2013 Opinion or Order Filing 223 REPLY MEMORANDUM OF LAW in Support re: #213 MOTION for Attorney Fees and Costs.. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, ProShares Trust II, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs. (Skinner, Robert)
November 26, 2013 Opinion or Order Filing 222 ORDER: granting #221 Letter Motion for Extension of Time to File response/Reply re #221 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Attorney Fees and Costs. addressed to Judge John G. Koeltl from Robert A. Skinner dated November 22, 2013. LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Attorney Fees and Costs. addressed to Judge John G. Koeltl from Robert A. Skinner dated November 22, 2013. APPLICATION GRANTED. Responses due by 11/29/2013 Replies due by 12/4/2013. (Signed by Judge John G. Koeltl on 11/25/2013) (djc)
November 22, 2013 Opinion or Order Filing 221 LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Attorney Fees and Costs. addressed to Judge John G. Koeltl from Robert A. Skinner dated November 22, 2013. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, ProShares Trust II, Proshare Advisors LLC, Proshares Trust, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd. Return Date set for 12/4/2013 at 05:00 PM.(Skinner, Robert)
November 19, 2013 Opinion or Order Filing 220 CERTIFICATE OF SERVICE. Document filed by Mark Karasick. (Lovell, Christopher)
November 19, 2013 Opinion or Order Filing 219 DECLARATION of Fred Isquith Jr. in Opposition re: #213 MOTION for Attorney Fees and Costs.. Document filed by Mark Karasick. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lovell, Christopher)
November 19, 2013 Opinion or Order Filing 218 MEMORANDUM OF LAW in Opposition re: #213 MOTION for Attorney Fees and Costs.. Document filed by Mark Karasick. (Lovell, Christopher)
November 8, 2013 Opinion or Order Filing 217 MEMO ENDORSEMENT on re: #215 Letter, filed by Mark Karasick. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Responses due by 11/19/2013). (Signed by Judge John G. Koeltl on 11/8/2013) (ja)
November 4, 2013 Opinion or Order Filing 216 MEMO ENDORSEMENT on re: #215 Letter, filed by Mark Karasick. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 11/4/2013) (djc)
November 1, 2013 Opinion or Order Filing 215 LETTER addressed to Judge John G. Koeltl from Christopher Lovell dated 11/1/13 re: Request for an adjournment of eleven days, to November 19, 2013, of the filing date for Plaintiffs' response to Defendants' motion for award of attorney's fees and costs. Document filed by Mark Karasick.(Lovell, Christopher)
October 22, 2013 Opinion or Order Filing 214 MEMORANDUM OF LAW in Support re: #213 MOTION for Attorney Fees and Costs.. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, ProShares Trust II, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs. (Skinner, Robert)
October 22, 2013 Opinion or Order Filing 213 MOTION for Attorney Fees and Costs. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, ProShares Trust II, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs.(Skinner, Robert)
August 20, 2013 Opinion or Order Filing 212 MANDATE of USCA (Certified Copy) as to #211 Notice of Appeal filed by Susan Asai, Steven Schnall, Mark Karasick, Sherri Schnall, Michael A. Hyman, Charles Sankowich, Howard Schwack, stephen c. herman, Steven S. Novick USCA Case Number 12-3981. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/20/2013. (Attachments: #1 Opinion)(nd)
October 4, 2012 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #95 Certificate of Service Other filed by George Prussin, #170 Certificate of Service Other filed by Mark Karasick, #138 Scheduling Order, #178 Reply Memorandum of Law in Support of Motion filed by Proshare Advisors LLC, #38 Certificate of Service Other filed by Susan Asai, #27 Declaration in Support of Motion, filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls, #18 MOTION to Consolidate Cases 09-6935; 09-7392; 09-7505; 09-8200. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s) filed by The Ka Fai Group, #182 MOTION to Amend/Correct Second Amended Consolidated Class Action Complaint filed by Mark Karasick, #131 Order, Add and Terminate Attorneys, #201 Notice of Filing Transcript, #8 Memorandum of Law in Support of Motion, filed by CLAL Finance Batucha Investment Management, Ltd., #177 Memorandum of Law in Opposition to Motion filed by Mark Karasick, #77 Response to Motion, filed by Proshare Advisors LLC, Proshares Trust, Louis M. Mayberg, SEI Investments Distribution Co., Simon D. Collier, Michael L. Sapir, #125 Reply Memorandum of Law in Support of Motion, filed by The Savoie Movants, #45 Response to Motion, filed by Proshare Advisors LLC, Proshares Trust, Louis M. Mayberg, SEI Investments Distribution Co., Simon D. Collier, Michael L. Sapir, #158 Amended Complaint, filed by Steven Schnall, Sherri Schnall, #193 Certificate of Service Other filed by Mark Karasick, #83 Notice of Hearing, #52 Memorandum of Law in Opposition to Motion, filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls, #34 Declaration in Support of Motion, filed by SRS Investor Group, #184 Declaration in Support of Motion, filed by Mark Karasick, #59 Reply Memorandum of Law in Support of Motion, filed by George Prussin, #168 Certificate of Service Other filed by Mark Karasick, #79 Response in Support of Motion, filed by Russell S. Reynolds, III, Proshare Advisors LLC, Proshares Trust, Louis M. Mayberg, SEI Investments Distribution Co., Michael Wachs, Simon D. Collier, Michael L. Sapir, #172 Reply Memorandum of Law in Support of Motion, filed by William E. Seale, Russell S. Reynolds, III, Proshares Trust, SEI Investments Distribution Co., Simon D. Collier, Edward Karpowicz, Proshare Advisors LLC, Louis M. Mayberg, Michael Wachs, ProShares Trust II, Michael L. Sapir, Charles Todd, #49 Certificate of Service Other filed by Mark Karasick, #176 Memorandum of Law in Support of Motion filed by Proshare Advisors LLC, #127 Reply Memorandum of Law in Support of Motion, filed by Michael Eric Codlin, Mark Karasick, Jonathan Dean, Michael A. Hyman, Amir Mostafavi, #30 Certificate of Service Other, filed by Kevin E. O'Connell, #43 Memorandum of Law in Support of Motion, filed by Proshares Trust, SEI Investments Distribution Co., Simon D. Collier, Proshare Advisors LLC, Louis M. Mayberg, Michael L. Sapir, #202 Transcript, #106 Memorandum of Law in Support of Motion, filed by Michael Eric Codlin, Mark Karasick, Jonathan Dean, Michael A. Hyman, Amir Mostafavi, #194 Notice (Other), Notice (Other), #5 Memorandum of Law in Support of Motion, filed by Michael Moss, #207 Transcript, #24 Memorandum of Law in Support of Motion filed by Kevin E. O'Connell, #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s) filed by Mark Karasick, #117 Declaration in Support of Motion, filed by The Savoie Movants, #162 Notice of Appearance filed by Mark Karasick, #152 Declaration in Support of Motion, filed by William E. Seale, Russell S. Reynolds, III, Proshares Trust, SEI Investments Distribution Co., Simon D. Collier, Edward Karpowicz, Proshare Advisors LLC, Louis M. Mayberg, Michael Wachs, Barry Pershkow, Michael L. Sapir, Charles Todd, #47 Memorandum of Law in Support of Motion, filed by The Ka Fai Group, #149 Endorsed Letter, #72 Response in Opposition to Motion filed by CLAL Finance Batucha Investment Management, Ltd., #10 Memorandum of Law in Support of Motion filed by George Prussin, #209 Memorandum & Opinion, #82 Notice of Hearing, #40 Order on Motion to Appear Pro Hac Vice, #126 Reply Memorandum of Law in Support of Motion filed by George Prussin, #128 Declaration in Support of Motion, filed by Michael Eric Codlin, Mark Karasick, Jonathan Dean, Michael A. Hyman, Amir Mostafavi, #174 Response to Motion filed by Mark Karasick, #191 Memorandum of Law in Opposition to Motion, filed by Proshare Advisors LLC, #36 Memorandum of Law in Support of Motion filed by Susan Asai, #108 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, #147 Response in Opposition to Motion filed by Steven Schnall, Sherri Schnall, #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel filed by Michael Moss, #204 Notice of Hearing, #183 Memorandum of Law in Support of Motion filed by Mark Karasick, #114 Memorandum of Law in Support of Motion, filed by The Savoie Movants, #90 Brief filed by Proshares Trust, #122 Notice (Other) filed by ProShares Investor Group, #165 Declaration in Support of Motion, filed by William E. Seale, Russell S. Reynolds, III, Proshares Trust, SEI Investments Distribution Co., Simon D. Collier, Edward Karpowicz, Proshare Advisors LLC, Louis M. Mayberg, Michael Wachs, ProShares Trust II, Michael L. Sapir, Charles Todd, #205 Transcript, #115 Declaration in Opposition to Motion, filed by ProShares Investor Group, #164 Memorandum of Law in Support of Motion, filed by William E. Seale, Russell S. Reynolds, III, Proshares Trust, SEI Investments Distribution Co., Simon D. Collier, Edward Karpowicz, Proshare Advisors LLC, Louis M. Mayberg, Michael Wachs, ProShares Trust II, Michael L. Sapir, Charles Todd, #175 Order on Motion for Leave to File Document, #133 Notice of Hearing, #70 Response in Opposition to Motion, filed by CLAL Finance Batucha Investment Management, Ltd., #2 MOTION for Robert A. Skinner to Appear Pro Hac Vice filed by Proshares Trust, SEI Investments Distribution Co., Simon D. Collier, Proshare Advisors LLC, Louis M. Mayberg, Michael L. Sapir, #16 Certificate of Counsel, filed by Mark Karasick, #186 MOTION to Amend/Correct Second Amended Consolidated Class Action Complaint filed by Mark Karasick, #119 Declaration in Opposition to Motion, filed by Michael Eric Codlin, Mark Karasick, Jonathan Dean, Michael A. Hyman, Amir Mostafavi, #93 Memorandum of Law in Support of Motion filed by George Prussin, #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662 filed by Proshares Trust, SEI Investments Distribution Co., Simon D. Collier, Proshare Advisors LLC, Louis M. Mayberg, Michael L. Sapir, #7 MOTION to Consolidate Cases 09-CV-06935; 09-CV-07392; 09-CV-07505;09-CV-8200;. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s) filed by CLAL Finance Batucha Investment Management, Ltd., #200 Transcript, #196 Notice of Appearance filed by Russell S. Reynolds, III, Michael Wachs, #35 MOTION to Appoint Susan Asai to serve as lead plaintiff(s) filed by Susan Asai, #155 CONSENT MOTION for Extension of Time to file second amended complaint filed by David Marconi, Susan Asai, Steven Schnall, Mark Karasick, Jonathan Dean, Sherri Schnall, Michael A. Hyman, Charles Sankowich, Parjiana Razzvi, Wen-Hou Ma, Ariana Parizotto, stephen c. herman, Nan-Fong Wang, Steven S. Novick, #53 Declaration in Opposition to Motion, filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls, #146 Declaration in Support of Motion filed by Proshares Trust, #141 Amended Complaint, filed by Steven Schnall, Sherri Schnall, #142 Notice of Change of Address, filed by Proshares Trust, SEI Investments Distribution Co., Simon D. Collier, Proshare Advisors LLC, Louis M. Mayberg, Michael L. Sapir, #62 Declaration in Support of Motion, filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls, #31 Declaration in Support of Motion filed by Kalvin Kimbrough, #29 Memorandum of Law in Support of Motion filed by Kalvin Kimbrough, #153 Memorandum & Opinion, #26 Affirmation in Support of Motion, filed by Kevin E. O'Connell, #88 Order on Motion to Consolidate Cases, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Counsel, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Mo
October 4, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #211 Notice of Appeal. (tp)
October 3, 2012 Opinion or Order Filing 211 NOTICE OF APPEAL from #210 Clerk's Judgment, #209 Memorandum & Opinion. Document filed by Mark Karasick, Francisco Javier De Lion Diaz, Rene LaCroix, Anthony Kouri, Anthony Alexander, Jay and Judy Bilyeu, Michael Eric Codlin, Wendy Rockwell-Goff, Robert Schumacher, James and Dorothy Hershman, Michael Adam Hyman, Scott Tessler, Richard Rhoads, Martin Gary Norris, Dorothy Lowell, Nancy Hitchins, Thomas Truong, Edward Cisneros, Chris Honcik, Stephen Shoap, Dmitri Routski, Elena Lavender-Bowen, David Bowman, David Chow, Mark Everett Brown, Jonathan Dean, Lawrence Lewis Sinsel, Jr., Kenneth L. Kramer, Lawrence I.Weiner, John E. Killough, Alan Parker, Scott A. Smeltz, Howard Schwack, Douglas Jones Stephen Herman, Susan Asi, StevenS. Novick, and Charles Sankowich on behalf of themselves and all others similarly situated, and Steven and Sherri Schnall, on behalf of themselves. Filing fee $ 455.00, receipt number 465401050109. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (tp)
September 12, 2012 Opinion or Order Filing 210 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated September 7, 2012, the motion to dismiss the plaintiffs' Third Amended Complaint is granted; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 9/12/12) (Attachments: #1 NOTICE OF RIGHT TO APPEAL)Filed In Associated Cases: 1:09-cv-06935-JGK et al.(ml)
September 10, 2012 Opinion or Order Filing 209 OPINION AND ORDER: #102320 The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, they are either moot or without merit. For the reasons explained above, the motion to dismiss the plaintiffs' Third Amended Complaint is granted. The clerk is directed to enter judgment accordingly, to close this case, and to close all pending motions. (Signed by Judge John G. Koeltl on 9/7/2012) (lmb) Modified on 9/11/2012 (jab).
September 10, 2012 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #209 Memorandum & Opinion to the Judgments and Orders Clerk. (lmb)
February 17, 2012 Opinion or Order Filing 208 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 2/2/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-06935-JGK et al.(McGuirk, Kelly)
February 17, 2012 Opinion or Order Filing 207 TRANSCRIPT of Proceedings re: Argument held on 2/2/2012 before Judge John G. Koeltl. Court Reporter/Transcriber: Kristen Carannante, (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 3/12/2012. Redacted Transcript Deadline set for 3/22/2012. Release of Transcript Restriction set for 5/21/2012.Filed In Associated Cases: 1:09-cv-06935-JGK et al.(McGuirk, Kelly)
February 8, 2012 Opinion or Order Filing 206 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 2/2/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-06935-JGK et al.(McGuirk, Kelly)
February 8, 2012 Opinion or Order Filing 205 TRANSCRIPT of Proceedings re: Argument held on 2/2/2012 before Judge John G. Koeltl. Court Reporter/Transcriber: Kristen Carannante, (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 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/11/2012.Filed In Associated Cases: 1:09-cv-06935-JGK et al.(McGuirk, Kelly)
February 2, 2012 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 2/2/2012 re: #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint filed by William E. Seale, Russell S. Reynolds, III, Proshares Trust, SEI Investments Distribution Co., Simon D. Collier, Edward Karpowicz, Proshare Advisors LLC, Louis M. Mayberg, Michael Wachs, ProShares Trust II, Michael L. Sapir, Charles Todd. (lmb)
January 17, 2012 Opinion or Order Filing 204 NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Thursday, February 2, 2012 at 2:30pm in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107.Oral Argument set for 2/2/2012 at 02:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (lmb)
December 8, 2011 Opinion or Order Filing 203 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Motion proceeding held on 11/10/11 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...Filed In Associated Cases: 1:09-cv-06935-JGK et al.(McGuirk, Kelly)
December 8, 2011 Opinion or Order Filing 202 TRANSCRIPT of Proceedings re: Motion held on 11/10/2011 before Judge John G. Koeltl. Court Reporter/Transcriber: Jerry Harrison, (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 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/12/2012.Filed In Associated Cases: 1:09-cv-06935-JGK et al.(McGuirk, Kelly)
December 6, 2011 Opinion or Order Filing 201 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 11/10/11 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...Filed In Associated Cases: 1:09-cv-06935-JGK et al.(McGuirk, Kelly)
December 6, 2011 Opinion or Order Filing 200 TRANSCRIPT of Proceedings re: Motion held on 11/10/2011 before Judge John G. Koeltl. Court Reporter/Transcriber: Jerry Harrison, (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 12/30/2011. Redacted Transcript Deadline set for 1/9/2012. Release of Transcript Restriction set for 3/8/2012.Filed In Associated Cases: 1:09-cv-06935-JGK et al.(McGuirk, Kelly)
November 10, 2011 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 11/10/2011. (mro)
November 10, 2011 Opinion or Order Filing 199 ORDER granting #186 Motion to Amend/Correct: For the reasons stated on the record today, the plaintiffs' motion for leave to amend the second amended complaint is granted. The Clerk is directed to close Docket No. 186.The plaintiffs' third amended complaint, which was appended to the plaintiffs' motion for leave to amend, is deemed filed and served upon the defendants. The defendants' motion to dismiss the second amended complaint, as well as the supplemental briefing relating to the motion to dismiss the second amended complaint, is deemed as directed against the third amended complaint. The defendants should notify the Court by November 17, 2011 if they wish to supplement their motion to dismiss. If they do so wish, the parties should agree upon a short briefing schedule for any supplemental briefing. (Signed by Judge John G. Koeltl on 11/10/2011) (djc)
November 7, 2011 Opinion or Order Filing 198 ORDER: The argument scheduled for November 10, 2011 will be limited to the plaintiffs' motion for leave to amend the complaint. The Court will set a separate date for argument of the defendants' motion to dismiss. (Signed by Judge John G. Koeltl on 11/5/2011) (lmb)
October 28, 2011 Opinion or Order Filing 197 NOTICE OF APPEARANCE by Steven Shane Sparling on behalf of Russell S. Reynolds, III, Michael Wachs (Sparling, Steven)
October 28, 2011 Opinion or Order Filing 196 NOTICE OF APPEARANCE by Arthur Harlod Aufses, III on behalf of Russell S. Reynolds, III, Michael Wachs (Aufses, Arthur)
October 14, 2011 Opinion or Order Filing 195 ENDORSED LETTER addressed to Judge John G. Koeltl from Robert A. Skinner dated 10/13/2011 re: Counsel for the Defendants writes to request an adjournment of the oral argument currently scheduled for 10/19/2011. ENDORSEMENT: Adjourned to Wednesday, November 2, 2011 at 2:30 PM. (Oral Argument set for 11/2/2011 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 10/14/2011) (ab)
October 7, 2011 Opinion or Order Filing 194 NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Wednesday, October 19, 2011 at 10:00am in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. (mro)
October 7, 2011 Opinion or Order Set/Reset Hearings: Oral Argument set for 10/19/2011 at 10:00 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (mro)
September 26, 2011 Opinion or Order Filing 193 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Motion for Leave to Amend Complaint. Document filed by Mark Karasick. (Lovell, Christopher)
September 26, 2011 Opinion or Order Filing 192 REPLY MEMORANDUM OF LAW in Support re: #186 MOTION to Amend/Correct Second Amended Consolidated Class Action Complaint.. Document filed by Mark Karasick. (Lovell, Christopher)
September 15, 2011 Opinion or Order Filing 191 MEMORANDUM OF LAW in Opposition re: #173 MOTION for Leave to File Supplemental Memorandum in Further Support of the Defendants Motion to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Proshare Advisors LLC. (Skinner, Robert)
August 30, 2011 Opinion or Order Filing 190 ORDER GRANTING WITHDRAWAL re: (180 in 1:09-cv-06935-JGK, 25 in 1:10-cv-03042-JGK) Notices (Other), filed by Steven Schnall, Sherri Schnall, (26 in 1:10-cv-03042-JGK, 181 in 1:09-cv-06935-JGK) Affidavit in Support, filed by Steven Schnall, Sherri Schnall. The Court hereby directs the Clerk of the Court to remove Scott J. Link, Thomas R. Grady, and the law firms of Ackerman, Link & Sartory, P.A. and Thomas R. Grady, P.A. as Co-Counsel for Plaintiffs Steven Schnal1 and Sherri Schnall in the above-captioned matters. Attorney Thomas R. Grady and Scott J. Link terminated. (Signed by Judge John G. Koeltl on 8/29/2011) Filed In Associated Cases: 1:09-cv-06935-JGK, 1:10-cv-03042-JGK(ft)
August 29, 2011 Opinion or Order Filing 189 CERTIFICATE OF SERVICE. Document filed by Mark Karasick. (Lovell, Christopher)
August 29, 2011 Opinion or Order Filing 188 DECLARATION of Victor Stewart in Support re: #186 MOTION to Amend/Correct Second Amended Consolidated Class Action Complaint.. Document filed by Mark Karasick. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lovell, Christopher)
August 29, 2011 Opinion or Order Filing 187 MEMORANDUM OF LAW in Support re: #186 MOTION to Amend/Correct Second Amended Consolidated Class Action Complaint.. Document filed by Mark Karasick. (Lovell, Christopher)
August 29, 2011 Opinion or Order Filing 186 MOTION to Amend/Correct Second Amended Consolidated Class Action Complaint. Document filed by Mark Karasick.(Lovell, Christopher)
August 26, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher Lovell to RE-FILE Document #183 Memorandum of Law in Support of Motion, #184 Declaration in Support of Motion. ERROR(S): Documents linked to filing error. (db)
August 26, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher Lovell to RE-FILE Document #182 MOTION to Amend/Correct Second Amended Consolidated Class Action Complaint. ERROR(S): No signature or s/. (db)
August 26, 2011 Opinion or Order Filing 185 CERTIFICATE OF SERVICE. Document filed by Mark Karasick. (Lovell, Christopher)
August 26, 2011 Opinion or Order Filing 184 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Victor E. Stewart in Support re: #182 MOTION to Amend/Correct Second Amended Consolidated Class Action Complaint.. Document filed by Mark Karasick. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lovell, Christopher) Modified on 8/29/2011 (db).
August 26, 2011 Opinion or Order Filing 183 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #182 MOTION to Amend/Correct Second Amended Consolidated Class Action Complaint.. Document filed by Mark Karasick. (Lovell, Christopher) Modified on 8/29/2011 (db).
August 26, 2011 Opinion or Order Filing 182 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct Second Amended Consolidated Class Action Complaint. Document filed by Mark Karasick.(Lovell, Christopher) Modified on 8/29/2011 (db).
August 16, 2011 Opinion or Order Filing 181 AFFIDAVIT of Scott J. Link in Support re: (25 in 1:10-cv-03042-JGK) Notice (Other), Notice (Other). Document filed by Sherri Schnall, Steven Schnall. (Attachments: #1 Exhibit A - Consent)Filed In Associated Cases: 1:09-cv-06935-JGK, 1:10-cv-03042-JGK(Link, Scott)
August 16, 2011 Opinion or Order Filing 180 NOTICE of Withdrawal of Co-Counsel Scott J. Link, Thomas R. Grady and the Law Firms of Ackerman, Link & Sartory, P.A. and Thomas R. Grady, P.A.. Document filed by Sherri Schnall, Steven Schnall. Filed In Associated Cases: 1:09-cv-06935-JGK, 1:10-cv-03042-JGK(Link, Scott)
July 20, 2011 Opinion or Order Filing 179 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Mark Karasick. (Lovell, Christopher)
July 20, 2011 Opinion or Order Filing 178 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Proshare Advisors LLC. (Skinner, Robert)
July 13, 2011 Opinion or Order Filing 177 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Mark Karasick. (Lovell, Christopher)
July 13, 2011 Opinion or Order Filing 176 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Proshare Advisors LLC. (Skinner, Robert)
July 6, 2011 Opinion or Order Filing 175 ORDER granting #173 MOTION for Leave to File Supplemental Memorandum in Further Support of the Defendants Motion to Dismiss the Second Amended Consolidated Class Action Complaint. Both parties may submit supplemental briefs no more than 5 pages discussing Janus Capital Group, Inc., v. First Derivative Traders, No. 09-525 by 7/13/2011. They may submit reply briefs of no more than 2 pages by 7/20/2011.(Signed by Judge John G. Koeltl on 7/6/2011) (mbe)
July 6, 2011 Opinion or Order Set/Reset Deadlines: Supplemental Brief due by 7/13/2011 and Reply Brief due by 7/20/2011. (mbe)
July 5, 2011 Opinion or Order Filing 174 RESPONSE to Motion re: #173 MOTION for Leave to File Supplemental Memorandum in Further Support of the Defendants Motion to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Mark Karasick. (Lovell, Christopher)
June 15, 2011 Opinion or Order Filing 173 MOTION for Leave to File Supplemental Memorandum in Further Support of the Defendants Motion to Dismiss the Second Amended Consolidated Class Action Complaint. Document filed by Proshare Advisors LLC. (Attachments: #1 Exhibit A ( Janus Capital Group, Inc., et al. v. First Derivative Traders, 564 U.S. ___ (2011) (Slip Opinion)))(Skinner, Robert)
June 15, 2011 Opinion or Order Filing 172 REPLY MEMORANDUM OF LAW in Support re: #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, ProShares Trust II, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs. (Attachments: #1 Exhibit A)(Skinner, Robert)
June 6, 2011 Opinion or Order Filing 171 ORDER. The joint motion to dismiss the Amended Consolidated Class Action Complaint was mooted by the letter endorsement filed on December 16, 2010, allowing the filing of the Second Consolidated Amended Complaint. Accordingly, the Clerk is directed to close Docket No. 150. (Signed by Judge John G. Koeltl on 6/4/11) (djc)
May 13, 2011 Opinion or Order Filing 170 CERTIFICATE OF SERVICE. Document filed by Mark Karasick. (Lovell, Christopher)
May 13, 2011 Opinion or Order Filing 169 MEMORANDUM OF LAW in Opposition re: #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint. [Corrected]. Document filed by Mark Karasick. (Lovell, Christopher)
May 10, 2011 Opinion or Order Filing 168 CERTIFICATE OF SERVICE. Document filed by Mark Karasick. (Lovell, Christopher)
May 10, 2011 Opinion or Order Filing 167 MEMORANDUM OF LAW in Opposition re: #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Mark Karasick. (Lovell, Christopher)
April 29, 2011 Opinion or Order Set/Reset Deadlines as to #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint.. Replies due by 6/15/2011. (jfe)
April 29, 2011 Opinion or Order Filing 166 ENDORSED LETTER addressed to Judge John G. Koeltl from Jacob H. Zamansky dated 4/28/2011 re: Counsel respectfully request an extension of the time within which to file plaintiffs' opposition to defendant's motion to dismiss until 5/9/2011. It the Court grants the requested extension, the date by which defendants would reply to plaintiffs' opposition would be extended through 6/15/11. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 4/28/2011) (jfe) Modified on 5/6/2011 (jfe).
March 17, 2011 Opinion or Order Filing 165 DECLARATION of Robert A. Skinner in Support re: #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, ProShares Trust II, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs. (Attachments: #1 Exhibit 1 (Appendix A), #2 Exhibit 2 (Appendix B), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Skinner, Robert)
March 17, 2011 Opinion or Order Filing 164 MEMORANDUM OF LAW in Support re: #163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint.. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, ProShares Trust II, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs. (Skinner, Robert)
March 17, 2011 Opinion or Order Filing 163 MOTION to Dismiss the Second Amended Consolidated Class Action Complaint. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, ProShares Trust II, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs.(Skinner, Robert)
March 16, 2011 Opinion or Order Filing 162 NOTICE OF APPEARANCE by Daniel Fried on behalf of Mark Karasick (Fried, Daniel)
March 15, 2011 Opinion or Order Filing 161 NOTICE OF CHANGE OF ADDRESS by Jacob H. Zamansky on behalf of All Plaintiffs. New Address: Zamansky & Associates, LLC, 50 Broadway, 32nd Floor, New York, NY, USA 10004, 212.742.1414. (Zamansky, Jacob)
March 9, 2011 Opinion or Order Filing 160 NOTICE OF APPEARANCE by Gustavo Fabian Bruckner on behalf of Howard Schwack (Bruckner, Gustavo)
February 17, 2011 Opinion or Order Filing 159 NOTICE OF CHANGE OF ADDRESS by Gustavo Fabian Bruckner on behalf of Howard Schwack. New Address: Pomerantz Haudek Grossman & Gross, 100 Park Avenue, New York, New York, USA 10017, 2126611100. (Bruckner, Gustavo)
January 31, 2011 Opinion or Order Filing 158 SECOND AMENDED COMPLAINT amending #141 Amended Complaint,, against Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs, ProShares Trust II.Document filed by Steven Schnall, Sherri Schnall. Related document: #141 Amended Complaint,, filed by Steven Schnall, Sherri Schnall. (Received in the night deposit box on 1/31/11 at 11:45pm)(mro)
January 31, 2011 Opinion or Order Filing 157 ENDORSED LETTER addressed to Judge John G. Koeltl from Jacob H. Zamansky dated 1/28/2011 re: Requesting that the Court extend plaintiffs' deadline for filing their second amended complaint until January 31, 2011. If the Court grants the requested extension, the date by which Defendants would respond to the complaint would be extended through March 17, 2011. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 1/28/2011) (jpo)
January 6, 2011 Opinion or Order Filing 156 ENDORSED LETTER addressed to Judge John G. Koeltl from Jacob Zamansky dated 1/6/11 re: Request that plaintiff's 1/14/11 deadline to file a second amended complaint be extended to 1/28/11. ENDORSEMENT: Application Granted. (Amended Pleadings due by 1/28/2011.) (Signed by Judge John G. Koeltl on 1/6/11) (cd)
January 6, 2011 Opinion or Order ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #155 HAS BEEN REJECTED. Note to Attorney Kevin Dugald Galbraith : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka)
January 5, 2011 Opinion or Order Filing 155 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(LETTER) - CONSENT MOTION for Extension of Time to file second amended complaint. Document filed by Susan Asai, Jonathan Dean, Michael A. Hyman, Mark Karasick, Wen-Hou Ma, David Marconi, Steven S. Novick, Ariana Parizotto, Parjiana Razzvi, Charles Sankowich, Sherri Schnall, Steven Schnall, Nan-Fong Wang, stephen c. herman.(Galbraith, Kevin) Modified on 1/6/2011 (ka).
December 16, 2010 Opinion or Order Filing 154 ENDORSED LETTER addressed to Judge John G. Koeltl from Victor E. Stewart dated 12/15/10 re: Lead Plaintiff Mark Karasick ("Lead Plaintiff") hereby respectfully informs the Court and Defendants that Lead Plaintiff elects to file a second amended consolidated complaint. ENDORSEMENT: This letter should be filed. So ordered. (Signed by Judge John G. Koeltl on 12/15/10) (rjm)
December 1, 2010 Opinion or Order Filing 153 MEMORANDUM OPINION AND ORDER: #99694 Defendant ProShares Trust's motion to quash a third-party document subpoena served on ProShares Trust by plaintiffs Steven and Scherri Schnall, as issued by an arbitrator for the Financial Industry Regulatory Authority ("FINRA"), is hereby granted. The FAA "unambiguously restricts an arbitrator's subpoena power to situations in which the non-party has been called to appear in the physical presence of the arbitrator and to hand over the documents at that time." Life Receivables Trust v. Syndicate 102 at Lloyd's of London, 549 F.3d 210, 215 (2dCir. 2008) (quoting Hay Group, Inc. v. E.B.S. Acquisition Corp., 360 F.3d 404, 407 (3d Cir. 2004) (Alito, J.)). FINRA's internal rules cannot expand this power against parties who have not consented to the FINRA arbitration proceeding at issue. Because the subpoena was plainly inappropriate under the holding of Life Receivables Trust, there is no need to consider the parties' other arguments. (Signed by Judge John G. Koeltl on 11/30/2010) Filed In Associated Cases: 1:09-cv-06935-JGK, 1:10-cv-03042-JGK (lnl) Modified on 12/2/2010 (ajc).
November 16, 2010 Opinion or Order Filing 152 DECLARATION of Robert A. Skinner in Support re: #150 MOTION to Dismiss Amended Consolidated Class Action Complaint.. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, Barry Pershkow, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs. (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)(Skinner, Robert)
November 15, 2010 Opinion or Order Filing 151 MEMORANDUM OF LAW in Support re: #150 MOTION to Dismiss Amended Consolidated Class Action Complaint.. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, Barry Pershkow, Proshare Advisors LLC, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs. (Skinner, Robert)
November 15, 2010 Opinion or Order Filing 150 MOTION to Dismiss Amended Consolidated Class Action Complaint. Document filed by Simon D. Collier, Edward Karpowicz, Louis M. Mayberg, Barry Pershkow, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, William E. Seale, Charles Todd, Michael Wachs.(Skinner, Robert)
November 15, 2010 Opinion or Order Filing 149 ENDORSED LETTER addressed to Judge John G. Koeltl from Robert A. Skinner, dated 11/12/2010, re: We represent defendants ProShares Trust, ProShares Trust II, ProShare Advisors LLC, SEI Investments Distribution Co., Michael Sapir, Louis Mayberg, Edward Karpowicz, William Seale, Ph.D., Simon Collier, Charles Todd, Barry Pershkow, Steven Brancato and Stephenie Adams (collectively, "the ProShares Defendants"), and we write regarding page limits for the defendants' forthcoming Motion To Dismiss the Amended Consolidated Class Action Complaint. I have conferred with lead counsel for the plaintiffs and with counsel for defendants Russell Reynolds and Michael Wachs (the "Independent Trustees"), and the parties together respectfully request that the Court enter an order providing the following page limits: (i) 50 pages for the defendants' joint moving brief; (ii) 50 pages for plaintiffs' opposition brief; and (iii) 20 pages for the defendants' joint reply brief. ENDORSEMENT: 1. Moving brief may be 40 pages. 2. Opposition brief 40 pages. 3. Reply brief 15 pages. So ordered. (Signed by Judge John G. Koeltl on 11/12/2010) (lnl)
November 10, 2010 Opinion or Order Filing 148 REPLY MEMORANDUM OF LAW in Support re: #144 MOTION to Quash Arbitration Subpoena.. Document filed by Proshares Trust. (Skinner, Robert)
November 4, 2010 Opinion or Order Filing 147 RESPONSE in Opposition re: #144 MOTION to Quash Arbitration Subpoena.. Document filed by Sherri Schnall, Steven Schnall. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Grady, Thomas)
October 25, 2010 Opinion or Order Filing 146 DECLARATION of Robert A. Skinner in Support re: #144 MOTION to Quash Arbitration Subpoena.. Document filed by Proshares Trust. (Attachments: #1 Exhibit 1)(Skinner, Robert)
October 25, 2010 Opinion or Order Filing 145 MEMORANDUM OF LAW in Support re: #144 MOTION to Quash Arbitration Subpoena.. Document filed by Proshares Trust. (Skinner, Robert)
October 25, 2010 Opinion or Order Filing 144 MOTION to Quash Arbitration Subpoena. Document filed by Proshares Trust. (Attachments: #1 Text of Proposed Order)(Skinner, Robert)
October 12, 2010 Opinion or Order Filing 142 NOTICE OF CHANGE OF ADDRESS by Robert A. Skinner on behalf of Simon D. Collier, Louis M. Mayberg, Proshare Advisors LLC, Proshares Trust, SEI Investments Distribution Co., Michael L. Sapir. New Address: Ropes & Gray LLP, Prudential Tower, 800 Boylston Street, Boston, MA, 02199,. (Skinner, Robert)
September 25, 2010 Opinion or Order Filing 141 AMENDED CONSOLIDATED CLASS ACTION COMPLAINT against Simon D. Collier, Louis M. Mayberg, Proshare Advisors LLC, Proshares Trust, Russell S. Reynolds, III, SEI Investments Distribution Co., Michael L. Sapir, Michael Wachs, Edward Karpowicz, William E. Seale, Charles Todd, Barry Pershkow.Document filed by Steven Schnall, Sherri Schnall. (Received in the night deposit box on 9/25/10 at 12:05am) (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 part 7, #7 part 8, #8 part 9)(mro)
September 9, 2010 Opinion or Order Filing 140 ENDORSED LETTER addressed to John G. Koeltl from Jacob H. Zamansky dated 9/8/10 re: counsel requests that plaintiffs' deadline for filing their amended complaint be extended two weeks to Friday, September 24, 2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Amended Pleadings due by 9/24/2010.) (Signed by Judge John G. Koeltl on 9/8/10) (djc)
August 12, 2010 Opinion or Order Filing 143 TRANSCRIPT of proceedings held on 7/12/2010 before Judge John G. Koeltl. (ja)
July 27, 2010 Opinion or Order Filing 139 TRANSCRIPT of proceedings held on July 12, 2010 10:55 a.m. before Judge John G. Koeltl. (ajc)
July 20, 2010 Opinion or Order Filing 138 SCHEDULING ORDER: Lead Plaintiff shall have until 9/10/2010 to file an amended consolidated complaint in this action and as further set forth in this Order. (Signed by Judge John G. Koeltl on 7/20/2010) (tro)
July 15, 2010 Opinion or Order Filing 137 NOTICE of Withdrawal of Richard A. Speirs as Counsel for Plaintiff George Prussin. Document filed by George Prussin. (Zwerling, Jeffrey)
July 13, 2010 Opinion or Order Filing 136 ORDER; As stated on the record at today's conference, the Court grants in part and denies in part the application of the Karasik Group to serve as lead plaintiff. The remaining applications for appointment as lead plaintiff are denied. Mr. Karasik is appointed as the lead plaintiff and the Lovell and Zamansky firms are approved as co-lead counsel. The Clerk is directed to close Docket Nos. 92, 96, 99, and 101. Pursuant to the Court's Order dated May 17, 2010, Schnall v. ProShares Trust, No. 10 Civ. 3042, was consolidated with the above captioned case. The Clerk is directed to close that case and consolidate it under the caption above. The parties should provide the Court with a proposed scheduling order by July 19, 2010. (Signed by Judge John G. Koeltl on 7/12/10) (pl)
July 9, 2010 Opinion or Order Filing 135 NOTICE OF APPEARANCE by Jeffrey Charles Zwerling on behalf of George Prussin (Zwerling, Jeffrey)
July 7, 2010 Opinion or Order Filing 134 TRANSCRIPT of proceedings held on April 23, 2010 before Judge John G. Koeltl. (mro)
June 29, 2010 Opinion or Order Filing 133 NOTICE OF ORAL ARGUMENT: Oral Argument set for 7/12/2010 at 10:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (tve)
June 10, 2010 Opinion or Order Filing 132 NOTICE OF APPEARANCE by Fred Taylor Isquith on behalf of Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick (Attachments: #1 Supplement Certificate of Service)(Isquith, Fred)
June 8, 2010 Opinion or Order Filing 131 ORDER re: #122 Notice (Other) filed by ProShares Investor Group. Having reviewed the Notice of Withdrawal of Counsel (Dkt. #122), the Court hereby directs the Clerk of the Court to remove Christopher Keller as counsel for the ProShares Investor Group from this action. Attorney Christopher J. Keller terminated. (Signed by Judge John G. Koeltl on 6/8/2010) (tro)
June 8, 2010 Opinion or Order Filing 130 ORDER re: #84 Notice (Other) filed by Steven S. Novick. Having reviewed the Notice of Withdrawal of Counsel (Dkt. #84) and the Affidavit of Thomas R. Grady in support thereof (Dkt. #85), the Court hereby directs the Clerk of the Court to remove Thomas R. Grady as counsel for Plaintiff Steven Novick from this action. Attorney Thomas R. Grady terminated. (Signed by Judge John G. Koeltl on 6/8/2010) (tro)
June 8, 2010 Opinion or Order Filing 129 CERTIFICATE OF SERVICE of Reply Memorandum and Second Declaration of Fred T. Isquith Jr.. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Isquith, Fred)
June 7, 2010 Opinion or Order Filing 128 DECLARATION of Fred T. Isquith, Jr. in Support re: #99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s).. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Isquith, Fred)
June 7, 2010 Opinion or Order Filing 127 REPLY MEMORANDUM OF LAW in Support re: #99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s).. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Isquith, Fred)
June 7, 2010 Opinion or Order Filing 126 REPLY MEMORANDUM OF LAW in Support re: #92 MOTION to Appoint George Prussin to serve as lead plaintiff(s).. Document filed by George Prussin. (Speirs, Richard)
June 7, 2010 Opinion or Order Filing 125 REPLY MEMORANDUM OF LAW in Support re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and. Document filed by The Savoie Movants. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F)(Brody, Aaron)
June 7, 2010 Opinion or Order Filing 124 RESPONSE of ProShares Defendants to Plaintiffs' Memoranda Regarding Appointment of Lead Plaintiff. Document filed by Michael L. Sapir, Louis M. Mayberg, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co.. (Skinner, Robert)
June 7, 2010 Opinion or Order Filing 123 REPLY to Response to Motion re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and, #99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s).. Document filed by ProShares Investor Group. (Gross, Marc)
June 7, 2010 Opinion or Order Filing 122 NOTICE of Withdrawal of Counsel. Document filed by ProShares Investor Group. (Keller, Christopher)
June 7, 2010 Opinion or Order Filing 121 NOTICE of of Withdrawal by Gil Michaels, as Trustee of the Gilbert Neal Michaels Separate Property Trust of May 3, 2003, the Compassion for Animals Foundation, Inc., and Charles Sankowich. Document filed by ProShares Investor Group. (Keller, Christopher)
June 2, 2010 Opinion or Order Filing 120 CERTIFICATE OF SERVICE of Memorandum of Law and Declaration of Fred T. Isquith Jr.. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Isquith, Fred)
June 2, 2010 Opinion or Order Filing 119 DECLARATION of Fred Isquith in Opposition re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and, #101 MOTION to Appoint ProShares Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel., #92 MOTION to Appoint George Prussin to serve as lead plaintiff(s).. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Isquith, Fred)
June 2, 2010 Opinion or Order Filing 118 MEMORANDUM OF LAW in Opposition re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and, #101 MOTION to Appoint ProShares Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel., #92 MOTION to Appoint George Prussin to serve as lead plaintiff(s).. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Isquith, Fred)
June 2, 2010 Opinion or Order Filing 117 DECLARATION of Aaron Brody in Support re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and. Document filed by The Savoie Movants. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit A Part 5, #6 Exhibit A Part 6, #7 Exhibit A Part 7, #8 Exhibit A Part 8, #9 Exhibit A Part 9, #10 Exhibit A Part 10, #11 Exhibit A Part 11, #12 Exhibit A Part 12, #13 Exhibit A Part 13, #14 Exhibit A Part 14, #15 Exhibit A Part 15, #16 Exhibit A Part 16, #17 Exhibit A Part 17, #18 Exhibit A Part 18, #19 Exhibit A Part 19, #20 Exhibit A Part 20, #21 Exhibit A Part 21, #22 Exhibit A Part 22, #23 Exhibit A Part 23, #24 Exhibit A Part 24, #25 Exhibit A Part 25, #26 Exhibit A Part 26, #27 Exhibit A Part 27, #28 Exhibit A Part 28, #29 Exhibit A Part 29, #30 Exhibit A Part 30, #31 Exhibit A Part 31, #32 Exhibit A Part 32, #33 Exhibit A Part 33, #34 Exhibit A Part 34, #35 Exhibit A Part 35, #36 Exhibit A Part 36, #37 Exhibit A Part 37, #38 Exhibit A Part 38, #39 Exhibit A Part 39, #40 Exhibit A Part 40, #41 Exhibit A Part 41, #42 Exhibit A Part 42, #43 Exhibit A Part 43)(Brody, Aaron)
June 1, 2010 Opinion or Order Filing 116 DECLARATION of Aaron Brody in Support re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and. Document filed by The Savoie Movants. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit A Part 5, #6 Exhibit A Part 6, #7 Exhibit A Part 7, #8 Exhibit A Part 8, #9 Exhibit A Part 9, #10 Exhibit A Part 10, #11 Exhibit A Part 11, #12 Exhibit A Part 12, #13 Exhibit A Part 13, #14 Exhibit A Part 14, #15 Exhibit A Part 15)(Brody, Aaron)
June 1, 2010 Opinion or Order Filing 115 DECLARATION of Alan I. Ellman in Opposition re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and, #99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s)., #92 MOTION to Appoint George Prussin to serve as lead plaintiff(s).. Document filed by ProShares Investor Group. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Keller, Christopher)
June 1, 2010 Opinion or Order Filing 114 MEMORANDUM OF LAW in Support re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and. Document filed by The Savoie Movants. (Brody, Aaron)
June 1, 2010 Opinion or Order Filing 113 MEMORANDUM OF LAW in Opposition re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and, #99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s)., #92 MOTION to Appoint George Prussin to serve as lead plaintiff(s).. Document filed by ProShares Investor Group. (Keller, Christopher)
June 1, 2010 Opinion or Order Filing 112 MEMORANDUM OF LAW in Opposition re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and, #99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s)., #101 MOTION to Appoint ProShares Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by George Prussin. (Speirs, Richard)
June 1, 2010 Opinion or Order Filing 111 CERTIFICATE OF SERVICE of Memorandum of Law in Support of Lead Plaintiff Motion and Declaration of Fred T. Isquith Jr. on June 1, 2010. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Isquith, Fred)
June 1, 2010 Opinion or Order Filing 110 DECLARATION of Fred T. Isquith Jr. in Support re: #99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s).. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Isquith, Fred)
June 1, 2010 Opinion or Order Filing 109 REPLY MEMORANDUM OF LAW in Support re: #99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s).. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Isquith, Fred)
May 28, 2010 Opinion or Order Filing 108 ENDORSED LETTER addressed to Judge John G. Koeltl from Alan I. Ellman dated 5/27/2010 re: Counsel for ProShares Investor Group writes to clarify the response date regarding the Motions for Appointment of Lead Plaintiff. ENDORSEMENT: June 1 is the correct day to serve and file. (Signed by Judge John G. Koeltl on 5/27/2010) (tro)
May 17, 2010 Opinion or Order Filing 107 MEMORANDUM OPINION AND ORDER: The motion to consolidate is granted. However, to allow the Schanlls to file a class action complaint and apply for lead plaintiff status, the time to make such a motion is extended for the Schnalls until May 24, 2010. The time for all parties to respond to all of the lead plaintiff motions is extended to May 31, 2010. The time to reply is extended to June 7, 2010. (Signed by Judge John G. Koeltl on 5/17/2010) Filed In Associated Cases: 1:09-cv-06935-JGK, 1:10-cv-03042-JGK(jpo)
May 11, 2010 Opinion or Order Filing 106 MEMORANDUM OF LAW in Support re: #99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s).. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Stoll, Ian)
May 11, 2010 Opinion or Order Filing 105 DECLARATION of Ian T. Stoll in Support re: #99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s).. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Attachments: #1 Copy of Katz v. Image Innovations Holdings, Inc., 06-3707 (JGK) (October 5, 2006), #2 Movants' Sworn Certifications, #3 Loss Chart, #4 Appellees' Brief in Chiumento v. Smith Barney Asset Mgmt. (part A), #5 Appellees Brief in Chiumento v. Smith Barney Asset Mgmt. (part B), #6 Firm resume for Lovell Stewart Halebian Jacobson LLP, #7 Firm resume for Bernstein Liebhard LLP, #8 Firm resume for Zamansky & Associates, LLC, #9 Firm resume for Gilman & Pastor, LLP)(Stoll, Ian)
May 11, 2010 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Ian Stoll to RE-FILE Document #104 MOTION to Appoint Mark Karasick, Michael A. Hyman, Amir Mostafavi, Jonathan Dean and Michael Eric Codlin to serve as lead plaintiff(s) and Approval of Their Selection of Co-Lead Counsel. Use the event type Memorandum of Law in Support found under the event list Replies, Oppositions, Supporting Documents. (jar)
May 11, 2010 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Ian Stoll to RE-FILE Document #100 MOTION to Appoint Mark Karasick, Michael A. Hyman, Amir Mostafavi, Jonathan Dean and Michael Eric Codlin to serve as lead plaintiff(s) and Approval of Their Selection of Co-Lead Counsel. Use the event type Declaration in Support found under the event list Replies, Oppositions, Supporting Documents. (jar)
May 7, 2010 Opinion or Order Filing 104 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - MOTION to Appoint Mark Karasick, Michael A. Hyman, Amir Mostafavi, Jonathan Dean and Michael Eric Codlin to serve as lead plaintiff(s) and Approval of Their Selection of Co-Lead Counsel. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick.(Stoll, Ian) Modified on 5/11/2010 (jar).
May 7, 2010 Opinion or Order Filing 103 DECLARATION of Alan I. Ellman in Support re: #101 MOTION to Appoint ProShares Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by ProShares Investor Group. (Attachments: #1 Exhibit 1 (part 1), #2 Exhibit 1 (part 2), #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Keller, Christopher)
May 7, 2010 Opinion or Order Filing 102 MEMORANDUM OF LAW in Support re: #101 MOTION to Appoint ProShares Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by ProShares Investor Group. (Keller, Christopher)
May 7, 2010 Opinion or Order Filing 101 MOTION to Appoint ProShares Investor Group to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by ProShares Investor Group. (Attachments: #1 Text of Proposed Order)(Keller, Christopher)
May 7, 2010 Opinion or Order Filing 100 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Declaration in Support) - MOTION to Appoint Mark Karasick, Michael A. Hyman, Amir Mostafavi, Jonathan Dean and Michael Eric Codlin to serve as lead plaintiff(s) and Approval of Their Selection of Co-Lead Counsel. Document filed by Jonathan Dean, Amir Mostafavi, Michael A. Hyman, Michael Eric Codlin, Mark Karasick. (Attachments: #1 Copy of Katz v. Image Innovations Holdings, Inc., 06-3707 (JGK) (October 5, 2006) (slip opinion), #2 Movants sworn Certifications, #3 Loss Chart, #4 Appellees Brief in Chiumento v. Smith Barney Asset Mgmt. (part A), #5 Appellees Brief in Chiumento v. Smith Barney Asset Mgmt. (part B), #6 Firm resume for Lovell Stewart Halebian Jacobson LLP, #7 Firm resume for Bernstein Liebhard LLP, #8 Firm resume for Zamansky & Associates, LLC, #9 Firm resume for Gilman & Pastor, LLP)(Stoll, Ian) Modified on 5/11/2010 (jar).
May 7, 2010 Opinion or Order Filing 99 MOTION to Appoint Mark Karasick, Michael Hyman, Amir Mostafavi, Jonathan Dean, and Michael Eric Codlin to serve as lead plaintiff(s). Document filed by Michael A. Hyman, Michael Eric Codlin, Jonathan Dean, Amir Mostafavi, Mark Karasick.(Stoll, Ian)
May 7, 2010 Opinion or Order Filing 98 DECLARATION of Aaron L. Brody in Support re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and. Document filed by The Savoie Movants. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4, #5 Exhibit A - Part 5, #6 Exhibit A - Part 6, #7 Exhibit B)(Brody, Aaron)
May 7, 2010 Opinion or Order Filing 97 MEMORANDUM OF LAW in Support re: #96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and. Document filed by The Savoie Movants. (Brody, Aaron)
May 7, 2010 Opinion or Order Filing 96 MOTION to Appoint Anthony Alexander, Robert Aspinall, Michael Deutsch, Serjik Elyasian, Robert Fairbrothers, Calvin Jones, Douglas Jones, John Killough, David Lipsy, Jeffrey Mackevich, Martin Norris, Paul Pagliarulo, Philip Paul, Marjorie Samuels, and Roy Savoie to serve as lead plaintiff(s). Document filed by The Savoie Movants. (Attachments: #1 Text of Proposed Order)(Brody, Aaron)
May 7, 2010 Opinion or Order Filing 95 CERTIFICATE OF SERVICE. Document filed by George Prussin. (Speirs, Richard)
May 7, 2010 Opinion or Order Filing 94 DECLARATION of Richard A. Speirs in Support re: #92 MOTION to Appoint George Prussin to serve as lead plaintiff(s).. Document filed by George Prussin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Speirs, Richard)
May 7, 2010 Opinion or Order Filing 93 MEMORANDUM OF LAW in Support re: #92 MOTION to Appoint George Prussin to serve as lead plaintiff(s).. Document filed by George Prussin. (Speirs, Richard)
May 7, 2010 Opinion or Order Filing 92 MOTION to Appoint George Prussin to serve as lead plaintiff(s). Document filed by George Prussin. (Attachments: #1 Text of Proposed Order)(Speirs, Richard)
May 5, 2010 Opinion or Order Filing 91 DECLARATION of Robert A. Skinner in Support re: #90 Brief. Document filed by Proshares Trust. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Skinner, Robert)
May 5, 2010 Opinion or Order Filing 90 BRIEF re: #89 Order, Set Scheduling Order Deadlines,,,,,,,, in Support of Consolidation. Document filed by Proshares Trust.(Skinner, Robert)
April 28, 2010 Opinion or Order Filing 89 ORDER, that for the reasons stated on the record at today's hearing, the defendants' motion to consolidate the thirty-three related ProShares proposed class actions for all purposes is granted. The Court will accept further briefing on whether Schnall v. ProShares Trust, 10 Civ. 3042, should be consolidated with the other actions. The plaintiffs' motions to consolidate are denied. The pending motions to appoint lead plaintiff in the various related actions are denied without prejudice. Any party wishing to serve as lead plaintiff in the consolidated action may make a motion for appointment as lead plaintiff by May 7, 2010. Responses are due by May 21, 2010. Replies, if any, are due by May 28, 2010. The opposition of the Schnall plaintiffs to consolidation is due April 30, 2010; the reply is due May 7, 2010. This Order will be provided to counsel in all of the related actions. After consultation with plaintiffs' counsel, defense counsel will provide the Court by April 27, 2010 with a list of all motions to be closed by this Order, together with a proposed Order creating a master docket for the related cases. (Signed by Judge John G. Koeltl on 4/23/10) (pl)
April 28, 2010 Opinion or Order Filing 88 ORDER, since August 5, 2009, thirty-three related putative securities class actions (the "Related Actions") have been filed against ProShares Trust and other individual and entity defendants (collectively, "Defendants") and assigned to this Court. All thirty-three actions allege violations of Sections 11 and 15 of the Securities Act of 1933 arising from Plaintiffs' investments in certain inverse and leveraged exchange-traded funds ("ETFs") offered by ProShares Trust. Currently at issue are sixteen ETFs. On October 20, 2009, Defendants filed a motion pursuant to Rule 42(a) of the Federal Rules of Civil Procedure seeking consolidation for all purposes of all pending actions. On April 23, 2010, the Court held a pretrial conference. For the reasons stated on the record at the pretrial conference, Defendants' motion to consolidate is granted. All thirty-three actions (see attached Exhibit A), shall be consolidated into one action (the "Consolidated Action") bearing the above caption 09-cv-6935(JGK), and the Clerk is directed to close the thirty-two dockets listed in Exhibit A. All filings in the Consolidated Action shall bear the above caption and shall be filed only in the docket indicated above. In the event that any future related actions are assigned to this Court, the Court shall - if appropriate, and upon due consideration of Rule 42(a) factors - enter an order consolidating any such actions with the Consolidated Action. 1. Lead Plaintiff shall file any consolidated amended complaint within thirty (30) days following the entry of the order appointment Lead Plaintiff and lead counsel. 2. Defendants shall have thirty (30) days following the filing of any consolidated amended complaint to answer, move against, or otherwise respond to that complaint. 3. In the event that Defendants file one or more motions to dismiss the consolidated amended complaint, Lead Plaintiff shall have thirty (30) days to file its opposition or oppositions, and Defendants shall have thirty (30) days thereafter to file their reply or replies. ENDORSEMENT: The Clerk is directed to close all pending motions in the 33 Related Actions. (Signed by Judge John G. Koeltl on 4/27/10) (pl) Modified on 4/29/2010 (pl). Modified on 4/29/2010 (pl). Modified on 4/29/2010 (pl).
April 23, 2010 Opinion or Order Filing 87 NOTICE OF APPEARANCE by Edward H. Glenn, Jr on behalf of Mark Karasick (Glenn, Edward)
April 23, 2010 Opinion or Order Filing 86 NOTICE OF APPEARANCE by Kevin Dugald Galbraith on behalf of Mark Karasick (Galbraith, Kevin)
April 22, 2010 Opinion or Order Filing 85 AFFIDAVIT of Thomas R. Grady in Support re: #84 Notice of Withdrawal of Counsel. Document filed by Steven S. Novick. (Attachments: #1 Exhibit A)(Keller, Christopher)
April 22, 2010 Opinion or Order Filing 84 NOTICE of Withdrawal of Counsel. Document filed by Steven S. Novick. (Keller, Christopher)
April 21, 2010 Opinion or Order Filing 83 NOTICE OF COURT CONFERENCE: Pretrial Conference set for 4/23/2010 at 10:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (jmi)
April 14, 2010 Opinion or Order Filing 82 NOTICE OF COURT CONFERENCE: Pretrial Conference set for Friday, 4/23/2010 at 10:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (tro)
April 14, 2010 Opinion or Order Filing 81 NOTICE OF COURT CONFERENCE: Pretrial Conference set for Friday, 4/23/2010 at 10:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (tro)
February 9, 2010 Opinion or Order Filing 80 NOTICE OF APPEARANCE by Jacob H. Zamansky on behalf of Mark Karasick (Zamansky, Jacob)
January 8, 2010 Opinion or Order Filing 79 RESPONSE in Support re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662. Defendants' Response to Court's Order of January 5, 2010 Regarding List of Cases and Pending Motions. Document filed by Michael L. Sapir, Louis M. Mayberg, Russell S. Reynolds, III, Michael Wachs, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co.. (Attachments: #1 Exhibit A - Defendants List of Cases and Fully Briefed Motions, #2 Exhibit B- ProShares Defendants' Statement in Response to Motions for Appointment as Lead Plaintiff)(Skinner, Robert)
January 5, 2010 Opinion or Order Filing 78 ORDER: The defendants are requested to provide the Court with a list of all the cases in which the defendants are currently parties before the Court by 1/8/2010. The defendants should indicate in which cases there are fully briefed motions pending, and provide a brief description of each motion. (Signed by Judge John G. Koeltl on 1/5/2010) (tro)
November 19, 2009 Opinion or Order Filing 77 RESPONSE to Motion re: #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s)., #32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s)., #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s)., #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Michael L. Sapir, Louis M. Mayberg, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co.. (Skinner, Robert)
November 19, 2009 Opinion or Order Filing 76 DECLARATION of Robert A. Skinner in Support re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662.. Document filed by Michael L. Sapir, Louis M. Mayberg, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Skinner, Robert)
November 19, 2009 Opinion or Order Filing 75 REPLY MEMORANDUM OF LAW in Support re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662.. Document filed by Michael L. Sapir, Louis M. Mayberg, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co.. (Skinner, Robert)
November 6, 2009 Opinion or Order Filing 74 MEMORANDUM OF LAW in Opposition re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662.. Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls. (Seidman, Joseph)
November 6, 2009 Opinion or Order Filing 73 RESPONSE to Motion re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662.. Document filed by Mark Karasick. (Lovell, Christopher)
November 6, 2009 Opinion or Order Filing 72 RESPONSE in Opposition re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662.. Document filed by CLAL Finance Batucha Investment Management, Ltd.. (Lieberman, Jeremy)
November 6, 2009 Opinion or Order Filing 71 RESPONSE in Opposition re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662.. Document filed by George Prussin. (Speirs, Richard)
November 6, 2009 Opinion or Order Filing 70 RESPONSE in Opposition re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662., #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel.. Document filed by CLAL Finance Batucha Investment Management, Ltd.. (Gross, Marc)
November 3, 2009 Opinion or Order Filing 69 NOTICE of Stephen C. Herman's Statement Of Non-Opposition To Defendants Motion For Consolidation. Document filed by stephen c. herman. (Ciarlone, Thomas)
November 3, 2009 Opinion or Order Filing 68 RESPONSE to Motion re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662.. Document filed by The Ka Fai Group. (Rifkin, Mark)
November 3, 2009 Opinion or Order Filing 67 NOTICE of of Withdrawal of Kalvin Kimbrough's Motion to be Appointed Lead Plaintiff and for Approval of his Selection of Lead Counsel re: #28 MOTION to Appoint Counsel. MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s).. Document filed by Kalvin Kimbrough. (Linkh, Gregory)
November 2, 2009 Opinion or Order Filing 66 DECLARATION of Alan I. Ellman in Support re: #32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s).. Document filed by SRS Investor Group. (Attachments: #1 Exhibit A)(Keller, Christopher)
November 2, 2009 Opinion or Order Filing 65 REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s).. Document filed by SRS Investor Group. (Keller, Christopher)
November 2, 2009 Opinion or Order Filing 64 DECLARATION of Bruce Marshall in Support re: #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s).. Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls. (Seidman, Joseph)
November 2, 2009 Opinion or Order Filing 63 DECLARATION of Clinton Bailie in Support re: #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s).. Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls. (Seidman, Joseph)
November 2, 2009 Opinion or Order Filing 62 DECLARATION of Craig Forlader in Support re: #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s).. Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls. (Seidman, Joseph)
November 2, 2009 Opinion or Order Filing 61 DECLARATION of James Paul Valancius in Support re: #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s).. Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls. (Seidman, Joseph)
November 2, 2009 Opinion or Order Filing 60 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s).. Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls. (Seidman, Joseph)
November 2, 2009 Opinion or Order Filing 59 REPLY MEMORANDUM OF LAW in Support re: #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. and in opposition to competing motions. Document filed by George Prussin. (Speirs, Richard)
November 2, 2009 Opinion or Order Filing 58 REPLY AFFIRMATION of Jacob H. Zamansky in Support re: #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s).. Document filed by Mark Karasick. (Lovell, Christopher)
November 2, 2009 Opinion or Order Filing 57 REPLY AFFIRMATION of Victor E. Stewart in Support re: #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s).. Document filed by Mark Karasick. (Lovell, Christopher)
November 2, 2009 Opinion or Order Filing 56 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s).. Document filed by Mark Karasick. (Lovell, Christopher)
October 23, 2009 Opinion or Order Filing 55 DECLARATION of Alan I. Ellman in Opposition re: #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s)., #22 MOTION to Appoint Kevin E. O'Connell to serve as lead plaintiff(s)., #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662., #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s)., #28 MOTION to Appoint Counsel. MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s)., #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel., #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel.. Document filed by SRS Investor Group. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Keller, Christopher)
October 23, 2009 Opinion or Order Filing 54 MEMORANDUM OF LAW in Opposition re: #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s)., #22 MOTION to Appoint Kevin E. O'Connell to serve as lead plaintiff(s)., #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662., #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s)., #28 MOTION to Appoint Counsel. MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s)., #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel., #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel.. Document filed by SRS Investor Group. (Keller, Christopher)
October 23, 2009 Opinion or Order Filing 53 DECLARATION of ADRIANA PARIZOTTO in Opposition re: #18 MOTION to Consolidate Cases 09-6935; 09-7392; 09-7505; 09-8200. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s)., #22 MOTION to Appoint Kevin E. O'Connell to serve as lead plaintiff(s)., #7 MOTION to Consolidate Cases 09-CV-06935; 09-CV-07392; 09-CV-07505;09-CV-8200;. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s)., #35 MOTION to Appoint Susan Asai to serve as lead plaintiff(s)., #32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s)., #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s)., #28 MOTION to Appoint Counsel. MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s)., #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel., #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel.. Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls. (Seidman, Joseph)
October 23, 2009 Opinion or Order Filing 52 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Consolidate Cases 09-6935; 09-7392; 09-7505; 09-8200. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s)., #22 MOTION to Appoint Kevin E. O'Connell to serve as lead plaintiff(s)., #7 MOTION to Consolidate Cases 09-CV-06935; 09-CV-07392; 09-CV-07505;09-CV-8200;. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s)., #35 MOTION to Appoint Susan Asai to serve as lead plaintiff(s)., #32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s)., #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s)., #28 MOTION to Appoint Counsel. MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s)., #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel., #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel.. Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls. (Seidman, Joseph)
October 23, 2009 Opinion or Order Filing 51 RESPONSE in Support re: #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. and in Opposition to Competing Lead Plaintiff Motions. Document filed by George Prussin. (Speirs, Richard)
October 23, 2009 Opinion or Order Filing 50 RESPONSE to Motion re: #7 MOTION to Consolidate Cases 09-CV-06935; 09-CV-07392; 09-CV-07505;09-CV-8200;. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s).. Document filed by CLAL Finance Batucha Investment Management, Ltd.. (Lieberman, Jeremy)
October 23, 2009 Opinion or Order Filing 49 CERTIFICATE OF SERVICE. Document filed by Mark Karasick. (Lovell, Christopher)
October 23, 2009 Opinion or Order Filing 48 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Consolidate Cases 09-6935; 09-7392; 09-7505; 09-8200. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s)., #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s)., #22 MOTION to Appoint Kevin E. O'Connell to serve as lead plaintiff(s)., #7 MOTION to Consolidate Cases 09-CV-06935; 09-CV-07392; 09-CV-07505;09-CV-8200;. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s)., #35 MOTION to Appoint Susan Asai to serve as lead plaintiff(s)., #32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s)., #28 MOTION to Appoint Counsel. MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s)., #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Mark Karasick. (Lovell, Christopher)
October 23, 2009 Opinion or Order Filing 47 MEMORANDUM OF LAW in Support re: #18 MOTION to Consolidate Cases 09-6935; 09-7392; 09-7505; 09-8200. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s). Memorandum of Law In Further Support. Document filed by The Ka Fai Group. (Rifkin, Mark)
October 23, 2009 Opinion or Order Filing 46 RESPONSE to Motion re: #18 MOTION to Consolidate Cases 09-6935; 09-7392; 09-7505; 09-8200. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s)., #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s)., #22 MOTION to Appoint Kevin E. O'Connell to serve as lead plaintiff(s)., #7 MOTION to Consolidate Cases 09-CV-06935; 09-CV-07392; 09-CV-07505;09-CV-8200;. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s)., #32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s)., #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s)., #28 MOTION to Appoint Counsel. MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s)., #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel., #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel.. Document filed by Susan Asai. (Brower, David)
October 20, 2009 Opinion or Order Filing 45 RESPONSE to Motion re: #18 MOTION to Consolidate Cases 09-6935; 09-7392; 09-7505; 09-8200. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s)., #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s)., #22 MOTION to Appoint Kevin E. O'Connell to serve as lead plaintiff(s)., #7 MOTION to Consolidate Cases 09-CV-06935; 09-CV-07392; 09-CV-07505;09-CV-8200;. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s)., #35 MOTION to Appoint Susan Asai to serve as lead plaintiff(s)., #32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s)., #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s)., #28 MOTION to Appoint Counsel. MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s)., #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel., #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel.. Document filed by Michael L. Sapir, Louis M. Mayberg, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co.. (Skinner, Robert)
October 20, 2009 Opinion or Order Filing 44 DECLARATION of Robert A. Skinner in Support re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662.. Document filed by Michael L. Sapir, Louis M. Mayberg, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Skinner, Robert)
October 20, 2009 Opinion or Order Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662.. Document filed by Michael L. Sapir, Louis M. Mayberg, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co.. (Skinner, Robert)
October 20, 2009 Opinion or Order Filing 42 MOTION to Consolidate Cases 09-6935, 09-7356, 09-7392, 09-7505, 09-8089, 09-8200,09-8202, 09-8293, 09-8327, 09-8662. Document filed by Michael L. Sapir, Louis M. Mayberg, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co..(Skinner, Robert)
October 19, 2009 Opinion or Order Filing 41 NOTICE OF APPEARANCE by Victor E. Stewart on behalf of Mark Karasick (Stewart, Victor)
October 16, 2009 Opinion or Order Filing 40 ORDER FOR ADMISSION PRO HAC VICE granting #2 Motion for Robert A. Skinner to Appear Pro Hac Vice.Robert A. Skinner is admitted to practice pro hac vice as counsel for Defendants ProShares Trust, ProShare Advisors, LLC, SEI Investments Distribution Co., Michael L. Sapir, Louis M. Mayberg, and Simon D. Collier in this action. ENDORSEMENT: The Clerk is directed to close Docket No. 2. (Signed by Judge John G. Koeltl on 10/15/09) (tro)
October 16, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #40 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro)
October 6, 2009 Opinion or Order Filing 39 CERTIFICATE OF SERVICE. Document filed by CLAL Finance Batucha Investment Management, Ltd.. (Lieberman, Jeremy)
October 5, 2009 Opinion or Order Filing 38 CERTIFICATE OF SERVICE. Document filed by Susan Asai. (Brower, David)
October 5, 2009 Opinion or Order Filing 37 DECLARATION of Phyllis M. Parker in Support re: #35 MOTION to Appoint Susan Asai to serve as lead plaintiff(s).. Document filed by Susan Asai. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Brower, David)
October 5, 2009 Opinion or Order Filing 36 MEMORANDUM OF LAW in Support re: #35 MOTION to Appoint Susan Asai to serve as lead plaintiff(s).. Document filed by Susan Asai. (Brower, David)
October 5, 2009 Opinion or Order Filing 35 MOTION to Appoint Susan Asai to serve as lead plaintiff(s). Document filed by Susan Asai. (Attachments: #1 Text of Proposed Order)(Brower, David)
October 5, 2009 Opinion or Order Filing 34 DECLARATION of Christopher J. Keller in Support re: #32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s).. Document filed by SRS Investor Group. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Keller, Christopher)
October 5, 2009 Opinion or Order Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s).. Document filed by SRS Investor Group. (Keller, Christopher)
October 5, 2009 Opinion or Order Filing 32 MOTION to Consolidate Cases 09-cv-6935, 09-cv-7392, 09-cv-7505, 09-cv-8200., MOTION to Appoint SRS Investor Group to serve as lead plaintiff(s)., MOTION to Appoint Counsel Labaton Sucharow LLP as Lead Counsel. Document filed by SRS Investor Group. (Attachments: #1 Text of Proposed Order)(Keller, Christopher)
October 5, 2009 Opinion or Order Filing 31 DECLARATION of Albert Chang in Support re: #28 MOTION to Appoint Counsel. MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s).. Document filed by Kalvin Kimbrough. (Linkh, Gregory)
October 5, 2009 Opinion or Order Filing 30 CERTIFICATE OF SERVICE of Notice of Motion for Appointment of Lead Plaintiffs and Approval of Selection of Lead Counsel; Proposed Form of Order; Memorandum of Law in Support of Appointment of Lead Plaintiffs and Approval of Selection of Lead Counsel; and Affirmation of Ralph M. Stone in Support thereof, with Exhibits served on All Counsel on 10/05/2009. Document filed by Kevin E. O'Connell. (Stone, Ralph)
October 5, 2009 Opinion or Order Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Appoint Counsel. MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s).. Document filed by Kalvin Kimbrough. (Linkh, Gregory)
October 5, 2009 Opinion or Order Filing 28 MOTION to Appoint Counsel., MOTION to Appoint Kalvin Kimbrough to serve as lead plaintiff(s). Document filed by Kalvin Kimbrough.(Linkh, Gregory)
October 5, 2009 Opinion or Order Filing 27 DECLARATION of JOSEPH R. SEIDMAN, JR. in Support re: #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s).. Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Seidman, Joseph)
October 5, 2009 Opinion or Order Filing 26 AFFIRMATION of Ralph M. Stone in Support re: #22 MOTION to Appoint Kevin E. O'Connell to serve as lead plaintiff(s).. Document filed by Kevin E. O'Connell. (Attachments: #1 Errata 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stone, Ralph)
October 5, 2009 Opinion or Order Filing 25 MEMORANDUM OF LAW in Support re: #23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s).. Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls. (Attachments: #1 Exhibit Proposed Order)(Seidman, Joseph)
October 5, 2009 Opinion or Order Filing 24 MEMORANDUM OF LAW in Support re: #22 MOTION to Appoint Kevin E. O'Connell to serve as lead plaintiff(s).. Document filed by Kevin E. O'Connell. (Stone, Ralph)
October 5, 2009 Opinion or Order Filing 23 MOTION to Appoint JAMES PAUL VALANCIUS, CRAIG FORLADER, CLINTON BAILIE, ARIANA PARIZOTTO, AND BRUCE AND TEE MARSHALL to serve as lead plaintiff(s). Document filed by Valancius, Forlader, Bailie, Parizotto, and the Marshalls.(Seidman, Joseph)
October 5, 2009 Opinion or Order Filing 22 MOTION to Appoint Kevin E. O'Connell to serve as lead plaintiff(s). Document filed by Kevin E. O'Connell. (Attachments: #1 Text of Proposed Order)(Stone, Ralph)
October 5, 2009 Opinion or Order Filing 21 CERTIFICATE OF SERVICE of Notice of Motion, Memorandum & Declaration in Support of Motion served on All Counsel on 10/05/09. Document filed by The Ka Fai Group. (Rifkin, Mark)
October 5, 2009 Opinion or Order Filing 20 DECLARATION of Mark C. Rifkin in Support re: #18 MOTION to Consolidate Cases 09-6935; 09-7392; 09-7505; 09-8200. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s).. Document filed by The Ka Fai Group. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Rifkin, Mark)
October 5, 2009 Opinion or Order Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Consolidate Cases 09-6935; 09-7392; 09-7505; 09-8200. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s).. Document filed by The Ka Fai Group. (Rifkin, Mark)
October 5, 2009 Opinion or Order Filing 18 MOTION to Consolidate Cases 09-6935; 09-7392; 09-7505; 09-8200., MOTION to Appoint The Ka Fai Group to serve as lead plaintiff(s)., MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. Document filed by The Ka Fai Group.(Rifkin, Mark)
October 5, 2009 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Albert Yong Chang on behalf of Kalvin Kimbrough (Chang, Albert)
October 5, 2009 Opinion or Order Filing 16 CERTIFICATE of Counsel by Christopher Lovell on behalf of Mark Karasick. Re: #15 Declaration in Support of Motion, #14 Memorandum of Law in Support of Motion, #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s).. (Lovell, Christopher)
October 5, 2009 Opinion or Order Filing 15 DECLARATION of Edward H. Glenn, Jr. in Support re: #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s).. Document filed by Mark Karasick. (Lovell, Christopher)
October 5, 2009 Opinion or Order Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s).. Document filed by Mark Karasick. (Attachments: #1 Text of Proposed Order)(Lovell, Christopher)
October 5, 2009 Opinion or Order Filing 13 MOTION to Appoint Mark Karasick to serve as lead plaintiff(s). Document filed by Mark Karasick.(Lovell, Christopher)
October 5, 2009 Opinion or Order Filing 12 CERTIFICATE of Counsel by Kenneth A. Elan on behalf of Michael Moss. Re: #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel.. [Proposed] Order/Certificate of Service (Elan, Kenneth)
October 5, 2009 Opinion or Order Filing 11 DECLARATION of Richard A. Speirs in Support re: #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by George Prussin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Speirs, Richard)
October 5, 2009 Opinion or Order Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by George Prussin. (Speirs, Richard)
October 5, 2009 Opinion or Order Filing 9 MOTION to Consolidate Cases 1:09-cv-6935, 1:09-cv-7505 , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. Document filed by George Prussin. (Attachments: #1 Text of Proposed Order)(Speirs, Richard)
October 5, 2009 Opinion or Order Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Consolidate Cases 09-CV-06935; 09-CV-07392; 09-CV-07505;09-CV-8200;. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s).. Document filed by CLAL Finance Batucha Investment Management, Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lieberman, Jeremy)
October 5, 2009 Opinion or Order Filing 7 MOTION to Consolidate Cases 09-CV-06935; 09-CV-07392; 09-CV-07505;09-CV-8200;., MOTION to Appoint CLAL Finance Batucha Investment Management, Ltd. to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by CLAL Finance Batucha Investment Management, Ltd..(Lieberman, Jeremy)
October 5, 2009 Opinion or Order Filing 6 DECLARATION of Kenneth A. Elan in Support re: #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel.. Document filed by Michael Moss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Elan, Kenneth)
October 5, 2009 Opinion or Order Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200. MOTION to Appoint Michael Moss to serve as lead plaintiff(s). MOTION to Appoint Counsel Co-Lead Counsel.. Document filed by Michael Moss. (Elan, Kenneth)
October 5, 2009 Opinion or Order Filing 4 MOTION to Consolidate Cases 1:09-cv-07505; 1:09-cv-07392; 1:09-cv-08200., MOTION to Appoint Michael Moss to serve as lead plaintiff(s)., MOTION to Appoint Counsel Co-Lead Counsel. Document filed by Michael Moss.(Elan, Kenneth)
September 18, 2009 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Michael L. Sapir, Louis M. Mayberg, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co..(Skinner, Robert)
August 27, 2009 Opinion or Order CASHIERS OFFICE REMARK on #2 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/24/2009, Receipt Number 697985. (jd)
August 24, 2009 Opinion or Order Filing 2 MOTION for Robert A. Skinner to Appear Pro Hac Vice. Document filed by Michael L. Sapir, Louis M. Mayberg, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co. (mro) Modified on 9/10/2009 (kkc).
August 5, 2009 Opinion or Order Filing 1 COMPLAINT against Michael L. Sapir, Louis M. Mayberg, Russell S. Reynolds, III, Michael Wachs, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co. (Filing Fee $ 350.00, Receipt Number 696582)Document filed by Steven S. Novick.(ama)
August 5, 2009 Opinion or Order SUMMONS ISSUED as to Michael L. Sapir, Louis M. Mayberg, Russell S. Reynolds, III, Michael Wachs, Simon D. Collier, Proshares Trust, Proshare Advisors LLC, SEI Investments Distribution Co. (ama)
August 5, 2009 Opinion or Order Case Designated ECF. (ama)
August 5, 2009 Opinion or Order Magistrate Judge Kevin Nathaniel Fox is so designated. (ama)

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Search for this case: In Re: ProShares Trust Securities Litigation
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Lead plaintiff: Mark Karasick
Represented By: Daniel Fried
Represented By: Christopher Lovell
Represented By: Edward H. Glenn, Jr.
Represented By: Fred Taylor Isquith
Represented By: Jacob H. Zamansky
Represented By: Kevin Dugald Galbraith
Represented By: Victor E. Stewart
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Plaintiff: Steven S. Novick
Represented By: Joel H. Bernstein
Represented By: Alan Ian Ellman
Represented By: Christopher J. Keller
Represented By: Kevin Dugald Galbraith
Represented By: Stefanie Jill Sundel
Represented By: Thomas R. Grady
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Plaintiff: Susan Asai
Represented By: David A.P. Brower
Represented By: Kevin Dugald Galbraith
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Plaintiff: stephen c. herman
Represented By: Kevin Dugald Galbraith
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Plaintiff: Charles Sankowich
Represented By: Alan Ian Ellman
Represented By: Christopher J. Keller
Represented By: Stefanie Jill Sundel
Represented By: Kevin Dugald Galbraith
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Plaintiff: Michael A. Hyman
Represented By: Fred Taylor Isquith
Represented By: Kevin Dugald Galbraith
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Consolidated plaintiff: Steven Schnall
Represented By: Scott J. Link
Represented By: Thomas R. Grady
Represented By: Timothy John Dennin
Represented By: Christopher Lovell
Represented By: Edward H. Glenn, Jr.
Represented By: Fred Taylor Isquith
Represented By: Jacob H. Zamansky
Represented By: Kevin Dugald Galbraith
Represented By: Victor E. Stewart
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Consolidated plaintiff: Sherri Schnall
Represented By: Scott J. Link
Represented By: Thomas R. Grady
Represented By: Timothy John Dennin
Represented By: Christopher Lovell
Represented By: Edward H. Glenn, Jr.
Represented By: Fred Taylor Isquith
Represented By: Jacob H. Zamansky
Represented By: Kevin Dugald Galbraith
Represented By: Victor E. Stewart
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Consolidated plaintiff: Howard Schwack
Represented By: Gustavo Fabian Bruckner
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Petitioner: Michael Moss
Represented By: Kenneth A. Elan
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Petitioner: CLAL Finance Batucha Investment Management, Ltd.
Represented By: Jeremy Alan Lieberman
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Petitioner: George Prussin
Represented By: Jeffrey Charles Zwerling
Represented By: Richard A Speirs
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Petitioner: Kalvin Kimbrough
Represented By: Albert Yong Chang
Represented By: Gregory Bradley Linkh
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Petitioner: The Ka Fai Group
Represented By: Mark C. Rifkin
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Petitioner: Kevin E. O'Connell
Represented By: Ralph M. Stone
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Petitioner: Valancius, Forlader, Bailie, Parizotto, and the Marshalls
Represented By: Joseph R. Seidman
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Petitioner: SRS Investor Group
Represented By: Christopher J. Keller
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Petitioner: Feng Chen
Represented By: Russell David Paul
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Petitioner: Lin Qiao
Represented By: Russell David Paul
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Petitioner: SKF Investor Group
Represented By: Christopher J. Keller
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Petitioner: Evan Stoopler
Represented By: William Bernard Federman
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Petitioner: Kalvinder S. Bassi
Represented By: Joseph R. Seidman
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Petitioner: Carl Carey
Represented By: James Elliot Lahm
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Petitioner: Amir Mostafavi
Represented By: Joseph R. Seidman
Represented By: Fred Taylor Isquith
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Petitioner: Alan Parker
Represented By: Joseph R. Seidman
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Petitioner: Maryanne D. Piplica
Represented By: Joseph R. Seidman
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Petitioner: James Vidrine
Represented By: Joseph R. Seidman
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Petitioner: The Savoie Movants
Represented By: Aaron Lee Brody
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Petitioner: Michael Eric Codlin
Represented By: Fred Taylor Isquith
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Petitioner: ProShares Investor Group
Represented By: Christopher J. Keller
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Defendant: Proshares Trust
Represented By: Zachary S. Brez
Represented By: Robert A. Skinner
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Defendant: Proshare Advisors LLC
Represented By: Zachary S. Brez
Represented By: Robert A. Skinner
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Defendant: SEI Investments Distribution Co.
Represented By: Zachary S. Brez
Represented By: Robert A. Skinner
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Defendant: Michael L. Sapir
Represented By: Zachary S. Brez
Represented By: Robert A. Skinner
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Defendant: Louis M. Mayberg
Represented By: Zachary S. Brez
Represented By: Robert A. Skinner
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Defendant: Russell S. Reynolds, III
Represented By: Arthur Harold Aufses, III
Represented By: Steven Shane Sparling
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Defendant: Michael Wachs
Represented By: Arthur Harold Aufses, III
Represented By: Steven Shane Sparling
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Defendant: Simon D. Collier
Represented By: Zachary S. Brez
Represented By: Robert A. Skinner
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Defendant: ProShares Trust II
Represented By: Robert A. Skinner
Represented By: Zachary S. Brez
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Consolidated defendant: Edward Karpowicz
Represented By: Robert A. Skinner
Represented By: Zachary S. Brez
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Consolidated defendant: William E. Seale
Represented By: Zachary S. Brez
Represented By: Robert A. Skinner
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Consolidated defendant: Charles Todd
Represented By: Robert A. Skinner
Represented By: Zachary S. Brez
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Consolidated defendant: Barry Pershkow
Represented By: Robert A. Skinner
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Interested party: Jonathan Dean
Represented By: Robert A. Skinner
Represented By: Fred Taylor Isquith
Represented By: Kevin Dugald Galbraith
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Interested party: David Marconi
Represented By: Joseph R. Seidman
Represented By: Kevin Dugald Galbraith
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Interested party: Ariana Parizotto
Represented By: Joseph R. Seidman
Represented By: Kevin Dugald Galbraith
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Interested party: Parjiana Razzvi
Represented By: Joseph R. Seidman
Represented By: Kevin Dugald Galbraith
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Interested party: Wen-Hou Ma
Represented By: Joseph R. Seidman
Represented By: Kevin Dugald Galbraith
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Interested party: Nan-Fong Wang
Represented By: Joseph R. Seidman
Represented By: Kevin Dugald Galbraith
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