Zagami et al v. Natural Health Trends Corp et al
| Gary Zagami, Brian Kelly and Rick Patmore |
| Natural Health Trends Corp, Mark D Woodburn, Terry L. LaCore, Chris Sharng, Sir Brian Wolfson, Timothy Davidson and Randall A. Mason |
| 3:2006cv01654 |
| September 11, 2006 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Sidney A Fitzwater |
| Other Statutes: Securities/Commodities/Exchange |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Both |
Docket Report
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This docket was last retrieved on March 8, 2010. A more recent docket listing may be available from PACER.
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Filing 71
ORDER granting #70 Unopposed MOTION for Distribution of Class Settlement Funds. (Ordered by Chief Judge Sidney A Fitzwater on 3/8/2010) (Chief Judge Sidney A Fitzwater)
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| E-Mail re: #71 Order on Motion for Miscellaneous Relief bounced back on 3/8/2010 from brannenj@gtlaw.com. Corrective action taken: Faxed NEF and order. (drh) |
| Filing 70 Unopposed MOTION for Distribution of Class Settlement Funds re #66 Order on Motion for Attorney Fees filed by Gary Zagami, Brian Kelly, Rick Patmore. (Attachments: #1 Declaration of Laurence Rosen, #2 Affidavit Paul Mulholland) (Kim, Phillip). |
| Filing 69 Writ of Execution Returned as to Natural Health Trends, Corp. (Could not satisfy Writ.) (twd) |
| Filing 68 Writ of Execution Issued. (rrr) |
| Filing 67 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Fairness Proceedings held on 7/17/2009 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 9/17/2009. Redacted Transcript Deadline set for 9/28/2009. Release of Transcript Restriction set for 11/25/2009. (pjw) |
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Filing 66
ORDER AND FINAL JUDGMENT. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 7/21/2009) (axm)
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Filing 65
ORDER granting #60 Motion for Final Approval of Class Action Settlement. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 7/21/2009) (axm)
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| Minute Entry for proceedings held before Chief Judge Sidney A Fitzwater: Settlement Conference held on 7/17/2009. Taken under advisement. Written order to follow. Attorney Appearances: Plaintiff - Laurence Rosen and Dean Gresham; Defense - Paul R Bassette with Danile H Gold and Jason M. Ross. (Court Reporter Pam Wilson.) Time in Court: 20 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (ple) |
| Filing 64 Declaration of Laurence M. Rosen in Support of Final Approval of Class Action Settlement and Plan of Allocation, and Award of Attorneys' Fees and Expenses and Award to Lead Plaintiffs by Gary Zagami, Brian Kelly, Rick Patmore. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Kim, Phillip) Modified on 7/8/2009 (skt). |
| Filing 63 Memorandum of Law in Support filed by Gary Zagami, Brian Kelly, Rick Patmore re #62 Unopposed MOTION for an Award of Attorney Fees and Expenses and Award to Lead Plaintiffs (Attachments: #1 Appendix A) (Kim, Phillip) Modified on 7/8/2009 (skt). |
| Filing 62 Unopposed MOTION for an Award of Attorney Fees and Expenses and Award to Lead Plaintiffs filed by Gary Zagami, Brian Kelly, Rick Patmore (Attachments: #1 Text of Proposed Order) (Kim, Phillip) Modified on 7/8/2009 (skt). |
| Filing 61 Brief/Memorandum in Support filed by Gary Zagami, Brian Kelly, Rick Patmore re #60 Unopposed MOTION For Final Approval of Class Action Settlement, And Plan of Allocation (Kim, Phillip) |
| Filing 60 Unopposed MOTION For Final Approval of Class Action Settlement, And Plan of Allocation filed by Gary Zagami, Brian Kelly, Rick Patmore (Kim, Phillip) |
| Filing 59 NOTICE of Change of Address by Michael J Biles, counsel for Randall A. Mason, Natural Health Trends Corp. New address is: 300 West 6th Street, Suite 2050, Austin, TX 78701 (Biles, Michael) |
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Filing 58
ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE re #55 Unopposed MOTION for Preliminary Approval of Class Action Settlement filed by Rick Patmore, Gary Zagami, Brian Kelly. Settlement Fairness Hearing set for 7/17/2009 11:00 AM before Chief Judge Sidney A Fitzwater. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 04/06/09) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (lmp)
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| Filing 57 STIPULATION and Agreement of Settlement re #55 MOTION Preliminary Approval of Class Settlement, Authorizing Notice to Class and Setting Hearing on Final Approval, #56 Brief/Memorandum in Support of Motion, by Gary Zagami, Brian Kelly, Rick Patmore. (Attachments: #1 Exhibit A - Proposed Order of Preliminary Approval, #2 Exhibit A-1 Proposed Notice of Class Action Settlement to Class Members, #3 Exhibit A-2 - Proof of Claim Form for Class Settlement, #4 Exhibit A-3 - Summary Notice of Class Settlement, #5 Exhibit B - Proposed Final Judgment & Order on Class Settlement) (Rosen, Laurence) Modified on 3/31/2009 (skt). |
| Filing 56 Memorandum of Law filed by Gary Zagami in Support of #55 Unopposed MOTION for Preliminary Approval of Class Action Settlement (Attachments: #1 Declaration of Laurence Rosen in support of preliminary approval) (Rosen, Laurence) Modified on 3/31/2009 (skt). |
| Filing 55 Unopposed MOTION for Preliminary Approval of Class Action Settlement filed by Gary Zagami, Brian Kelly, Rick Patmore (Attachments: #1 Text of Proposed Order of Preliminary Approval) (Rosen, Laurence) Modified on 3/31/2009 (skt). |
| Filing 54 NOTICE of Change of Firm and Address filed by Randall A. Mason, Natural Health Trends Corp (Bessette, Paul) |
| Filing 53 NOTICE of Change of Address by Daniel H Gold, counsel for Mark D Woodburn. New address is: 2323 Victory Avenue, Suite 700, Dallas, TX 75219 (Gold, Daniel) |
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Filing 52
ORDER: The mediator has advised the court that the parties have settled this case. This case is administratively closed for statistical purposes without prejudice. (Signed by Judge Sidney A Fitzwater on 9/2/2008) (axm)
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| Filing 51 Alternative Dispute Resolution Summary filed Attorneys in Attendance: Larry Rosen, Dan Gold, Gene Williams, Jason Ross, Jennifer Brannen, Paul Bassette, Phillip Kim.. Prv Fee: $ 21,000.00. Outcome of ADR: Settled as a result of ADR. (lmp) |
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Filing 50
Standing Order for Electronic Filings Related to Matters Referred to the United States Magistrate Judge - see order for specifics. (Signed by Magistrate Judge Wm F Sanderson, Jr on 8/22/2008) (axm)
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Filing 49
ORDER REFERRING #47 Motion for Protective Order. Motion(s) referred to Magistrate Judge Wm F Sanderson, Jr. (Signed by Judge Sidney A Fitzwater on 8/22/08) (tln)
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| Filing 48 Brief/Memorandum in Support filed by Randall A. Mason, Natural Health Trends Corp re #47 MOTION for Protective Order (Attachments: #1 Appendix, #2 Exhibit Exs. 1-4, #3 Exhibit Exs. 5-8, #4 Exhibit Exs 9-11, #5 Affidavit Declaration of Jennifer R. Brannen) (Bessette, Paul) |
| Filing 47 MOTION for Protective Order filed by Randall A. Mason, Natural Health Trends Corp (Attachments: #1 Text of Proposed Order [Proposed] Protective Order) (Bessette, Paul) |
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Filing 46
ORDER: On May 13, 2008 the court ordered counsel and their clients to appear before a mediator of their mutual choosing and participate in mediation. The parties have agreed to conduct the court ordered mediation no later than September 30, 2008, and the court approves the agreement. (Signed by Judge Sidney A Fitzwater on 6/27/08) (tln)
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| Filing 45 ANSWER to #39 Second Amended Class Action Complaint filed by Terry L. LaCore (Ross, Jason) Modified on 6/16/2008 (axm). |
| Filing 44 ANSWER to #39 Second Amended Class Action Complaint filed by Mark D Woodburn (Gold, Daniel) Modified on 5/28/2008 (skt). |
| Filing 43 ANSWER to #39 Second Amended Class Action Complaint with Jury Demand filed by Randall A. Mason, Natural Health Trends Corp (Bessette, Paul) Modified on 5/28/2008 (skt). |
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Filing 42
ORDER REFERRING CASE to ADR. Type of ADR: Mediation. See order. (Signed by Judge Sidney A Fitzwater on 5/13/08) (Attachments: #1 ADR Summary Form) (npk)
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Filing 41
SCHEDULING ORDER. See order. (Signed by Judge Sidney A Fitzwater on 5/13/08) (npk)
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| Filing 40 Proposal for contents of scheduling and discovery order by Randall A. Mason, Gary Zagami, Natural Health Trends Corp, Mark D Woodburn, Terry L. LaCore, Brian Kelly, Rick Patmore. (Bessette, Paul) |
| Filing 39 Second AMENDED Class Action COMPLAINT for Violation of Securities Laws WITH JURY DEMAND against all defendants filed by Gary Zagami, Brian Kelly, Rick Patmore. (Attachments: #1 Exhibit 1(a), #2 Exhibit 1(b), #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Fineberg, Joel) Modified on 5/28/2008 (skt). |
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Filing 38
Order for Scheduling Order Proposal: Proposed Scheduling Order due by 5/7/2008. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 4/7/08) (klm)
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Filing 37
Memorandum Opinion and Order denying #13 Motion to Dismiss filed by Mark D Woodburn, Terry L. LaCore, denying #14 Motion to Dismiss filed by Randall A. Mason, Natural Health Trends Corp. NHTC's and Mason's April 23, 2007 request for judicial notice is granted in part and denied in part as moot. NHTC's and Mason's July 23, 2007 supplemental request for judicial notice are denied as moot. Plaintiffs' June 22, 2007 request for judicial notice is denied as moot. Plaintiffs must file their amended complaint-electronically or on paper-within 30 days of the date of this memorandum opinion and order. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 3/26/08) (tln)
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| Filing 36 NOTICE by Mark D Woodburn NOTICE OF WITHDAWAL OF ATTORNEY CHRISTOPHER E. KIRKPATRICK (Gold, Daniel) |
| Filing 35 NOTICE of Attorney Appearance by R Dean Gresham for Joel M. Fineberg on behalf of all plaintiffs. (Gresham, R) |
| Filing 34 NOTICE of Attorney Appearance by R Dean Gresham on behalf of all plaintiffs. (Gresham, R) |
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Filing 33
ORDER granting #32 Lead plaintiffs' November 9, 2007 unopposed motion to substitute liaison counsel. (Signed by Judge Sidney A Fitzwater on 11/13/2007) (tln)
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| Filing 32 MOTION to Substitute Attorney. Lead Plaintiffs Unopposed Motion to Substitute Liaison Counsel Motion Filed by Gary Zagami, Brian Kelly, Rick Patmore (Attachments: #1 Text of Proposed Order #2 Exhibit Proposed Appearance#3 Exhibit Proposed Appearance) (Kim, Phillip) |
| Filing 31 NOTICE of Change of Address by Jason M Ross, counsel for Terry L. LaCore. New address is: 2001 Bryan St., Suite 2050, Dallas, TX 75201 (Ross, Jason) |
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Filing 30
ORDER granting #26 Joint MOTION for Leave to File Brief in Excess of Page Limit on Defendants Natural Health Trends Corporation and Randall A. Mason's Reply Brief in support of their Motion to Dismiss. Natural Health Trends Corporation and Randall A. Mason are granted leave to file one 20-page brief in reply to plaintiffs' opposition to defendants' motion to dismiss. (Signed by Judge Sidney A Fitzwater on 07/23/07) (lmp)
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| Filing 29 Defendants Woodburn and Lacore's REPLY filed by Terry L. LaCore and Mark D. Woodburn re #13 MOTION to Dismiss Complaint (Ross, Jason) Modified on 7/24/2007 (skt). |
| Filing 28 Supplemental Request for Judicial Notice in support of their Reply Brief by Randall A. Mason, Natural Health Trends Corp re #27 Reply to Response to Motion. (Attachments: #1 Exhibit Exs. 8-10#2 Text of Proposed Order) (Bessette, Paul) Modified on 7/24/2007 (lmp). |
| Filing 27 REPLY brief in support filed by Randall A. Mason, Natural Health Trends Corp re #14 MOTION to Dismiss. (Bessette, Paul) Modified on 7/24/2007 (lmp). |
| Filing 26 Joint MOTION for Leave to File Brief in Excess of Page Limit on Defendants Natural Health Trends Corporation and Randall A. Mason's Reply Brief in support of their Motion to Dismiss by Randall A. Mason, All Plaintiffs, Gary Zagami, Natural Health Trends Corp, Mark D Woodburn, Terry L. LaCore, Brian Kelly, Rick Patmore (Attachments: #1 Text of Proposed Order) (Bessette, Paul) Modified on 7/23/2007 (lmp). |
| Filing 25 NOTICE by All Plaintiffs of Firm Name Change (Bilek, Thomas) |
| Filing 24 JUDICIAL NOTICE by Gary Zagami, Brian Kelly, Rick Patmore re #23 Response in Opposition. (Attachments: #1 Exhibit NHTC Stock Prices - for judicial notice) (Rosen, Laurence) Modified on 6/25/2007 (klm). |
| Filing 23 RESPONSE in Opposition filed by Gary Zagami, Brian Kelly, Rick Patmore re #13 MOTION to Dismiss, #14 MOTION to Dismiss (Attachments: #1 Exhibit Tellabs Sup. Ct. Case) (Rosen, Laurence) |
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Filing 22
ORDER granting #21 Joint Motion for Leave to Extend Page Limitations on Plaintiffs' Opposition and Defendants' Reply Brief Re: Motions to Dismiss. Plaintiffs are hereby granted leave to file one fifty-page brief in opposition to Defendants' motions to dismiss and Defendants are hereby granted leave to file fifteen-page briefs in reply. (Signed by Judge Sidney A Fitzwater on 6/1/07) (klm)
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| Filing 21 MOTION for Leave to File Briefs in Excess of Page Limit {Joint Motion by All Parties) by Gary Zagami (Attachments: #1 Text of Proposed Order Proposed Order Granting Leave to File) (Rosen, Laurence) |
| Filing 20 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mark D Woodburn. (Gold, Daniel) |
| Filing 19 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Terry L. LaCore. (Tomko, Edwin) |
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Filing 18
ORDER: No later than 20 days after this order is filed, defendants must comply with Rules 7.4 and 3.1(f) so that the court can ensure that recusal is not required in this case. (Signed by Judge Sidney A Fitzwater on 4/24/07) (klm)
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| Filing 17 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Randall A. Mason, Natural Health Trends Corp. (Bessette, Paul) |
| Filing 16 NOTICE by Randall A. Mason, Natural Health Trends Corp re #14 MOTION to Dismiss, #15 Brief/Memorandum in Support of Motion Requesting Judicial Notice in Support of Their Motion to Dismiss (Attachments: #1 Exhibit Exs. 1-7) (Bessette, Paul) |
| Filing 15 Brief/Memorandum in Support filed by Randall A. Mason, Natural Health Trends Corp re #14 MOTION to Dismiss (Bessette, Paul) |
| Filing 14 MOTION to Dismiss by Randall A. Mason, Natural Health Trends Corp (Bessette, Paul) |
| Filing 13 MOTION to Dismiss by Mark Woodburn, Terry L. LaCore with Brief in Support. (Gold, Daniel) |
| Filing 12 AMENDED COMPLAINT by Lead Plaintiffs against Randall A. Mason, Natural Health Trends Corp, Mark Woodburn, Terry L. LaCore filed by Gary Zagami. (Attachments: #1 Exhibit 1 part 1 of 2#2 Exhibit 1 part 2 of 2#3 Exhibit 2#4 Exhibit 3#5 Exhibit 4) (Kim, Phillip) Modified on 2/21/2007 (klm). |
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Filing 11
Application and Order for Admission Pro Hac Vice by Laurence Rosen for Gary Zagami. (Signed by Judge Sidney A Fitzwater on 1/22/07) (klm)
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Filing 10
Application and Order for Admission Pro Hac Vice by Phillip Kim for Gary Zagami. (Signed by Judge Sidney A Fitzwater on 1/22/07) (klm)
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Filing 9
ORDER re #4 Motion to appoint The Kelly Group as lead plaintiff and approval for lead plaintiff's selection of counsel. The Kelly Group is appointed Lead Plaintiff for the Class. The Kelly Group's choice of counsel is approved. The Rosen Law Firm, P.A. is appointed Lead Counsel, and Hoeffner & Bilek, L.L.P. is appointed Liaison Counsel to Lead Plaintiff and the Class. (Signed by Judge Sidney A Fitzwater on 12/20/06) (klm, )
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| Filing 8 NOTICE by Gary Zagami of Non-Opposition to #4 Motion to Appoint Kelly Group as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Counsel. (Bilek, Thomas) Modified on 12/6/2006 (klm, ). |
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Filing 7
AGREED ORDER: The Court has considered the Stipulation signed by the parties, setting forth agreed filing deadlines for plaintiffs' amended complaint and defendants' answer or motion to dismiss, and finds that such stipulation is well-taken and should be granted. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 11/16/06) (klm, )
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| Filing 6 STIPULATION by Randall A. Mason, Gary Zagami, Natural Health Trends Corp, Mark Woodburn, Terry L. LaCore, Chris Sharng, Brian Wolfson, Timothy Davidson Setting Forth Agreed Filing Deadlines for Plaintiffs' Amended Complaint and Defendants' Answer or Motion to Dismiss. (Attachments: #1 Text of Proposed Order) (Bessette, Paul) |
| Filing 5 Memorandum of Law in Support filed by Gary Zagami re #4 MOTION to appoint The Kelly Group as lead plaintiff, and for approval of lead plaintiffs' selection of counsel. (Bilek, Thomas) Modified on 11/14/2006 (klm, ). |
| Filing 4 MOTION to appoint The Kelly Group as lead plaintiff and approval for lead plaintiff's selection of counsel by Gary Zagami with memorandum in support. (Attachments: #1). Party Brian Kelly, Rick Patmore added. (Bilek, Thomas) Modified on 11/14/2006 (klm, ). |
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Filing 3
Order Designating Case for ECF - see order for specifics. (Signed by Judge Sidney A Fitzwater on 9/11/06) (nap, )
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| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Gary Zagami. (nap, ) |
| Filing 1 COMPLAINT for Violation of Securities Laws against Randall A. Mason, Natural Health Trends Corp, Mark Woodburn, Terry L. LaCore, Chris Sharng, Brian Wolfson, Timothy Davidson filed by Gary Zagami. (Filing fee $350; Receipt number 3962)(nap, ) |
| DEMAND for Trial by Jury by Gary Zagami. (Filed within complaint)(nap, ) |
| ***Magistrate Judge Sanderson chosen by random selection to handle matters that may be referred in this case. (nap, ) |
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