Louisiana Municipal Police Employees Retirement System et al v. Cooper Industries PLC et al
Frank E. Waters and Louisiana Municipal Police Employees Retirement System |
Turlock Corporation, Ivor J. Evans, Cooper Industries PLC, Turlock B.V., Linda A. Hill, Kirk S. Hachigian, Mark S. Thompson, Abeiron Limited, Dan F. Smith, Stephen G. Butler, Gerald B. Smith, Eaton Corporation, Lawrence D. Kingsley, James J. Postl and Comdell Limited |
1:2012cv01750 |
July 9, 2012 |
US District Court for the Northern District of Ohio |
Cleveland Office |
Cuyahoga |
Patricia A Gaughan |
Securities/Commodities |
28 U.S.C. § 1331 |
Plaintiff |
Docket Report
This docket was last retrieved on November 19, 2012. A more recent docket listing may be available from PACER.
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Order [non-document]: Plaintiff's Motion for Leave to File Second Amended Class Action Complaint for Violations of the Securities Exchange Act of 1934 and Oppression is Withdrawn. See Doc. #39 . Judge Patricia A. Gaughan on 11/19/12. (LC,S) (Related Doc #37 ) |
Order [non-document]: Defendant's Motion to Strike and, in the Alternative, Opposition to Plaintiff's Motion for Leave to File Second Amended Class Action Complaint is Moot in light of Doc. #39 . Judge Patricia A. Gaughan on 11/19/12. (LC,S) (Related Doc #38 ) |
Filing 39 Notice of Withdrawal of Plaintiff's Motion for Leave to File Second Amended Class Action Complaint filed by Louisiana Municipal Police Employees Retirement System. Related document(s) #37 .(Oddo, Stephen) |
Filing 38 Motion to strike And, In The Alternative, In Opposition To Plaintiff's Motion For Leave To File Second Amended Class Action Complaint filed by Stephen G. Butler, Eaton Corporation, Ivor J. Evans, Kirk S. Hachigian, Linda A. Hill, Lawrence D. Kingsley, James J. Postl, Dan F. Smith, Gerald B. Smith, Mark S. Thompson, Turlock Corporation. Related document(s) #37 . (Attachments: #1 Brief in Support Of Defendants' Motion To Strike, And, In The Alternative, In Opposition To Plaintiff's Motion For Leave To File Second Amended Class Action Complaint, #2 Exhibit A: Blackline Comparison, #3 Exhibit B: Cooper Industries plc Form 8-K, #4 Exhibit C: Eaton Corporation Form 8-K, #5 Exhibit D: ByrneWallace Letter, #6 Declaration of Scott C. Holbrook)(Parker, John) |
Filing 37 Motion for leave to File Second Amended Class Action Complaint for Violations of the Securities Exchange Act of 1934 and Oppression filed by Plaintiff Louisiana Municipal Police Employees Retirement System. (Attachments: #1 Brief in Support Plaintiff's Motion for Leave to File Second Amended Class Action Complaint for Violations of the Securities Exchange Act of 1934 and Oppression, #2 Exhibit A - [Proposed] Second Amended Complaint, #3 Proposed Order Granting Plaintiff's Motion for Leave to File Second Amended Class Action Complaint for Violations of the Securities Exchange Act of 1934 and Oppression)(Oddo, Stephen) |
Filing 36 Judgment Entry: For the reasons stated in the Court's accompanying Memorandum of Opinion and Order, Defendants' Motion to Dismiss Plaintiffs' Amended Complaint is granted. Plaintiffs have failed to state a plausible federal claim for relief under the Securities Exchange Act of 1934, and the Court declines to exercise supplemental jurisdiction over plaintiff's remaining Irish law claim under 28 U.S.C. 1367(c). Judge Patricia A. Gaughan on 10/16/12. (LC,S) re #35 |
Filing 35 Memorandum Opinion and Order: Defendants' motion to dismiss is granted. Plaintiffs have failed to state a plausible federal claim for relief under the Exchange Act, and the Court declines to exercise supplemental jurisdiction over plaintiffs remaining Irish law claim under 28 U.S.C. 1367(c). Judge Patricia A. Gaughan on 10/16/12. (LC,S) re #28 |
Order [non-document]: Plaintiffs' Motion for Preliminary Injunction is MOOT. Judge Patricia A. Gaughan on 10/16/12. (Related Doc #32 ) (LC,S) |
Notice to Attorney Brian J. Robbins. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #32 . (P,G) |
Filing 34 Attorney Appearance by Robert C. Psaropoulos filed by on behalf of Turlock Corporation, Eaton Corporation. (Psaropoulos, Robert) Modified on 10/12/2012 (M,M). |
Filing 33 Reply to response to #28 Motion to dismiss Plaintiffs' Amended Complaint filed by Stephen G. Butler, Eaton Corporation, Ivor J. Evans, Kirk S. Hachigian, Linda A. Hill, Lawrence D. Kingsley, James J. Postl, Dan F. Smith, Gerald B. Smith, Mark S. Thompson, Turlock Corporation. (Attachments: #1 Declaration of C. Lee Wilson, #2 Compendium of Irish Law Decisions)(Parker, John) |
Filing 32 Motion for preliminary injunction filed by Louisiana Municipal Police Employees Retirement System, Frank E. Waters. (Attachments: #1 Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction, #2 Affidavit Declaration of Stephen J. Oddo in Support of Plaintiffs' Motion for Preliminary Injunction, #3 Appendix Compendium of Out of State Authorities and Westlaw Citations in Support of Plaintiffs' Motion for Preliminary Injunction)(Oddo, Stephen) |
Filing 31 Appendix of Irish Authorities, Out of State Authorities, and Westlaw Citations in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss Plaintiffs' Amended Complaint filed by All Plaintiffs. Related document(s) #29 . (Attachments: #1 Exhibit 1 - Brown v. Brewer, #2 Exhibit 2 - David P. Simonetti Rollover IRA v. Margolis,, #3 Exhibit 3 - In re Greenore Trading Co., #4 Exhibit 4 - In re Readymix Plc, #5 Exhibit 5 - In re WestWind Holding Company Ltd., #6 Exhibit 6 - Kavanagh v. MJELR & Ors, #7 Exhibit 7 - Leonardson v. Peek, #8 Exhibit 8 - Lewis v. Straka, #9 Exhibit 9 - Mulligan v. Governor of Portlaise Prison & Anor, #10 Exhibit 10 - Rock Nominees Ltd. v. RCO (Holdings) Plc (In Members Voluntary Liquidation), #11 Exhibit 11 - Spring Grove Servs. (Ireland) Ltd. v. O'Callaghan,, #12 Exhibit 12 - Irish Companies Act of 1963, Section 31 and 205(3), #13 Exhibit 13 - Solicitors (Amendment) Act, 1994, Section 68(2), #14 Exhibit 14 -Consultation Paper on Multi-Party Litig. (Class Actions) (LRC CP 258-2003))(Oddo, Stephen) |
Filing 30 Affidavit/Declaration of Stephen J. Oddo filed by All Plaintiffs. Related document(s) #29 . (Attachments: #1 Exhibit Exhibit A - J.P. Morgan Positions Report of Cooper Industries plc (Sept. 5, 2012), #2 Exhibit Exhibit B - Thomson Financial, Ownership Summary Cooper Industries plc Most recent (June 30, 2012), #3 Exhibit Exhibit C - Cooper Industries Defendants Addresses)(Oddo, Stephen) |
Filing 29 Opposition to #28 Motion to dismiss Plaintiffs' Amended Complaint filed by All Plaintiffs. (Oddo, Stephen) |
Filing 28 Motion to dismiss Plaintiffs' Amended Complaint filed by Stephen G. Butler, Eaton Corporation, Ivor J. Evans, Kirk S. Hachigian, Linda A. Hill, Lawrence D. Kingsley, James J. Postl, Dan F. Smith, Gerald B. Smith, Mark S. Thompson, Turlock Corporation. Related document(s) #8 . (Attachments: #1 Brief in Support, #2 Exhibit A: Declaration Of C. Lee Wilson, #3 Compendium Of Irish Law Decisions)(Parker, John) |
Filing 27 Case Management Order: Case Management Conference was held on 9/7/12. Case is assigned to the complex track. Case is not suitable for ADR at this time by may be after discovery. All Discovery is Stayed until there is a Ruling on the Motion to Dismiss which will be filed by 9/17/12. Brief in Opposition is due 10/1/12. Reply Brief is due 10/8/12. A Telephonic Status Conference is set for 11/14/12 at 8:45 AM. Counsel shall confer in person or by phone within seventy-two (72) hours of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court no later than forty-eight (48) hours of the conference, a brief written Status Report describing the status of discovery, settlement positions, and issues to be addressed. Judge Patricia A. Gaughan on 9/7/12. (LC,S) Time: 30 mins |
Order [non-document] Granting Motion for admission pro hac vice of attorney C. Lee Wilson for Stephen G. Butler, Ivor J. Evans, Kirk S. Hachigian, Linda A. Hill, Lawrence D. Kingsley, James J. Postl, Dan F. Smith, Gerald B. Smith, and Mark S. Thompson. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) Judge Patricia A. Gaughan on 9/6/12. (Related Doc #26 ) (LC,S) |
Order [non-document] Granting Motion for admission pro hac vice of attorney William D. Savitt for Stephen G. Butler, Ivor J. Evans, Kirk S. Hachigian, Linda A. Hill, Lawrence D. Kingsley, James J. Postl, Dan F. Smith, Gerald B. Smith, and Mark S. Thompson. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) Judge Patricia A. Gaughan on 9/6/12. (Related Doc #25 ) (LC,S) |
Filing 26 Motion for attorney C. Lee Wilson to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5566340, filed by Stephen G. Butler, Ivor J. Evans, Kirk S. Hachigian, Linda A. Hill, Lawrence D. Kingsley, James J. Postl, Dan F. Smith, Gerald B. Smith, Mark S. Thompson. (Attachments: #1 Affidavit of C. Lee Wilson)(Parker, John) |
Filing 25 Motion for attorney William D. Savitt to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5566301, filed by Stephen G. Butler, Ivor J. Evans, Kirk S. Hachigian, Linda A. Hill, Lawrence D. Kingsley, James J. Postl, Dan F. Smith, Gerald B. Smith, Mark S. Thompson. (Attachments: #1 Affidavit of William D. Savitt)(Parker, John) |
Filing 24 Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Oddo, Stephen) |
Filing 23 Notice of Service of Amended Complaint for Violations of the Securities Exchange Act of 1934 and Oppression filed by All Plaintiffs. Related document(s) #8 .(Oddo, Stephen) |
Filing 22 Waiver of Service Returned Executed by All Plaintiffs. Mark S. Thompson waiver sent on 7/19/2012, answer due 9/17/2012. filed on behalf of All Plaintiffs (Oddo, Stephen) |
Filing 21 Waiver of Service Returned Executed by All Plaintiffs. Stephen G. Butler waiver sent on 7/19/2012, answer due 9/17/2012. filed on behalf of All Plaintiffs (Oddo, Stephen) |
Filing 20 Waiver of Service Returned Executed by All Plaintiffs. Linda A. Hill waiver sent on 7/19/2012, answer due 9/17/2012. filed on behalf of All Plaintiffs (Oddo, Stephen) |
Filing 19 Waiver of Service Returned Executed by All Plaintiffs. Lawrence D. Kingsley waiver sent on 7/19/2012, answer due 9/17/2012. filed on behalf of All Plaintiffs (Oddo, Stephen) |
Filing 18 Waiver of Service Returned Executed by All Plaintiffs. Kirk S. Hachigian waiver sent on 7/19/2012, answer due 9/17/2012. filed on behalf of All Plaintiffs (Oddo, Stephen) |
Filing 17 Waiver of Service Returned Executed by All Plaintiffs. James J. Postl waiver sent on 7/19/2012, answer due 9/17/2012. filed on behalf of All Plaintiffs (Oddo, Stephen) |
Filing 16 Waiver of Service Returned Executed by All Plaintiffs. Ivor J. Evans waiver sent on 7/19/2012, answer due 9/17/2012. filed on behalf of All Plaintiffs (Oddo, Stephen) |
Filing 15 Waiver of Service Returned Executed by All Plaintiffs. Gerald B. Smith waiver sent on 7/19/2012, answer due 9/17/2012. filed on behalf of All Plaintiffs (Oddo, Stephen) |
Filing 14 Waiver of Service Returned Executed by All Plaintiffs. Dan F. Smith waiver sent on 7/19/2012, answer due 9/17/2012. filed on behalf of All Plaintiffs (Oddo, Stephen) |
Order [non-document]: Second Agreed Motion for Extension of Time for Defendants Eaton Corporation and Turlock Corporation to Respond to the First Amended Complaint is Granted to 9/17/12. Judge Patricia A. Gaughan on 8/23/12. (LC,S) re #13 |
Filing 13 Second Motion for extension of time until September 17, 2012 to answer First Amended Complaint filed by Eaton Corporation, Turlock Corporation. Related document(s) #8 . (Goins, Frances) |
Order [non-document]: Motion for pro hac vice admission of counsel Peter E. Kazanoff for defendants Eaton Corporation and Turlock Corporation is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) Judge Patricia A. Gaughan on 8/22/12. (Related Doc #10 ) (LC,S) |
Order [non-document]: Motion for pro hac vice admission of counsel Linton Mann, III for defendants Eaton Corporation and Turlock Corporation is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) Judge Patricia A. Gaughan on 8/22/12. (Related Doc #11 ) (LC,S) |
Order [non-document]: Motion for pro hac vice admission of counsel Erika H. Burk for defendants Eaton Corporation and Turlock Corporation is Granted. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) Judge Patricia A. Gaughan on 8/22/12. (Related Doc #12 ) (LC,S) |
Filing 12 Motion for attorney Erika H. Burk to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5534112, filed by Eaton Corporation, Turlock Corporation. (Attachments: #1 Affidavit of Erika H. Burk)(Castrodale, Joseph) |
Filing 11 Motion for attorney Linton Mann III to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5534080, filed by Eaton Corporation, Turlock Corporation. (Attachments: #1 Affidavit of Linton Mann III)(Castrodale, Joseph) |
Filing 10 Motion for attorney Peter E. Kazanoff to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5534045, filed by Eaton Corporation, Turlock Corporation. (Attachments: #1 Affidavit of Peter E. Kazanoff)(Castrodale, Joseph) |
Order [non-document] Agreed Motion for Extension of Time for Defendants Eaton Corporation and Turlock Corporation to respond to complaint is granted to 9/06/12. #7 Judge Patricia A. Gaughan on 8/03/12.(D,MB) |
Filing 9 Case Management Conference Scheduling Order with case management conference set on 9/7/2012 at 9:15 a.m. to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 8/02/12. (D,MB) |
Filing 8 Amended complaint for Violations of the Securities Exchange Act of 1934 and Oppression against All Defendants. Filed by Frank E. Waters, Louisiana Municipal Police Employees Retirement System. (Attachments: #1 Verification - Cooper Industries, #2 Verification - Waters) (Landskroner, Jack) |
Filing 7 Unopposed Motion for extension of time until September 6, 2012 to answer filed by Eaton Corporation, Turlock Corporation. (Castrodale, Joseph) |
Filing 6 Return of Service by personal service executed upon Turlock Corporation on 7/17/2012, filed on behalf of All Plaintiffs (Landskroner, Jack) |
Filing 5 Return of Service by personal service executed upon Eaton Corporation on 7/17/2012, filed on behalf of All Plaintiffs (Landskroner, Jack) |
Order [non-document]: Plaintiffs Motion for Admission Pro Hac Vice of Attorney Stephen J. Oddo is GRANTED. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.). Judge Patricia A. Gaughan on 7/12/12. (LC,S) (Related Doc #4 ) |
Filing 4 Motion for attorney Stephen J. Oddo to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5454640, filed by Louisiana Municipal Police Employees Retirement System, Frank E. Waters. (Attachments: #1 Affidavit)(Landskroner, Jack) |
Filing 3 Original Summons and Magistrate Consent Form issued for service upon Abeiron Limited, Stephen G. Butler, Comdell Limited, Cooper Industries PLC, Eaton Corporation (2 summons), Ivor J. Evans, Kirk S. Hachigian, Linda A. Hill, Lawrence D. Kingsley, James J. Postl, Dan F. Smith, Gerald B. Smith, Mark S. Thompson, Turlock B.V., Turlock Corporation. (Attachments: #1 Magistrate Consent Form) (C,B) Modified text to remove Plaintiff's name from issued list on 7/10/2012 (H,LA). |
Filing 2 Order of Recusal. This case is returned to the Clerk for reassignment. Judge Lesley Wells (C,KA) |
Filing 1 Complaint for Violations of the Securities Exchange Act of 1934 and Oppression with jury demand against All Defendants. Filing fee paid $ 350, Receipt number 0647-5450685. Filed by Frank E. Waters, Louisiana Municipal Police Employees Retirement System. (Attachments: #1 Civil Cover Sheet, #2 Summons Abeiron Limited, #3 Summons Comdell Limited, #4 Summons Cooper Industries, #5 Summons Dan Smith, #6 Summons Eaton Corp, #7 Summons Eaton Corp, #8 Summons Gerald Smith, #9 Summons Igor Evans, #10 Summons James Postl, #11 Summons Kirk Hachigian, #12 Summons Lawrence Kingsley, #13 Summons Linda Hill, #14 Summons Mark Thompson, #15 Summons Stephen Butler, #16 Summons Turlock B.V., #17 Summons Turlock Corp.) (Landskroner, Jack) Modified text on 7/10/2012 (C,B). |
Judge Lesley Wells assigned to case. (C,B) |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,B) |
Judge Patricia A. Gaughan assigned to case. Judge Lesley Wells terminated. (C,B) |
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