City of Roseville Employees Retirement System v. Sterling Financial Corporation et al
Plaintiff: City of Roseville Employees Retirement System
Defendant: Sterling Financial Corporation, Harold B Gilkey and Daniel G Byrne
Case Number: 2:2009cv00368
Filed: December 11, 2009
Court: US District Court for the Eastern District of Washington
Office: Spokane Office
County: Spokane
Presiding Judge: Stanley A Bastian
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78 m(a) Securities Exchange Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 13, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2017 Filing 148 MANDATE from 9CCA as to #139 Notice of Appeal, filed by City of Roseville Employees Retirement System. Decision of the District Court is Affirmed. 9CCA: 14-35902. (VR, Courtroom Deputy)
May 22, 2017 Filing 147 9CCA Slip Opinion: Decision of the District Court is AFFIRMED. 9CCA Case No. 14-35902. (AY, Case Administrator)
May 5, 2017 Filing 146 COPY OF 9CCA ORDER as to #139 Notice of Appeal 9CCA: 14-35902. (CV, Case Administrator)
December 23, 2014 Filing 145 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion. Proceedings held on March 2, 2011 in Spokane before Judge Edward F. Shea. Page Numbers: 1-74 Parties have seven (7) business 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. 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. Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf. To purchase a copy of the transcript contact Court Reporter/Transcriber Mark Snover by telephone at 509-458-3434 . Redaction Request due 1/13/2015. Redacted Transcript Deadline set for 1/23/2015. Release of Transcript Restriction set for 3/23/2015. (VR, Courtroom Deputy)
December 23, 2014 Filing 144 TRANSCRIPT DESIGNATION of Record on Appeal by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation re #139 Notice of Appeal,. Date Appeal Filed: 10/24/14. Court Reporter: Mark Snover, Ronelle Corbey,. 9CCA: 14-35902. (Attachments: #1 Exhibit Transcript of 3/2/11 Hearing)(Watts, Gregory)
December 19, 2014 Filing 143 TRANSCRIPT DESIGNATION of Record on Appeal by City of Roseville Employees Retirement System re #139 Notice of Appeal,. Date Appeal Filed: October 24, 2014. Court Reporter: Mark Snover, Ronelle Corbey,. 9CCA: 14-35902. (Seefer, Christopher)
October 27, 2014 Filing 142 9CCA Appeal Time Schedule and Case Number: 14-35902 for #139 Notice of Appeal, filed by City of Roseville Employees Retirement System. Designation Due: 11/24/14. Transcript Due: 12/23/14. Opening Brief Due: 2/2/15. Appellees Brief Due: 3/3/15. Mediation Questionnaire Due: 11/3/14. cc: Court Reporter: Mark Snover and Court Reporter: Ronelle Corbey. (VR, Courtroom Deputy)
October 24, 2014 Filing 141 Letter from Appeal Deputy Clerk to Christopher Seefer dated 10/24/14. (Attachments: #1 Notice of Appeal, #2 Docket Sheet)(PL, Case Administrator)
October 24, 2014 Filing 140 9CCA Payment Notification form re #139 Notice of Appeal. Received $505, receipt number 0980-1933956. (PL, Case Administrator)
October 24, 2014 Filing 139 NOTICE OF APPEAL from District Court decision as to #135 Order on Motion to Dismiss Consolidated Amended Complaint, #137 Clerk's Judgment, #96 Order Granting Defendants' Motion to Dismiss. cc: Court Reporters: Mark Snover and Ronelle Corbey. (PL, Case Administrator) (9CCA No. 14-35902) Modified on 10/27/2014 (VR, Courtroom Deputy).
October 24, 2014 Filing 138 LODGED NOTICE OF APPEAL Lead Plaintiff's Notice of Appeal and Ninth Circuit Rule 3-2 Representation Statement from District Court decision as to #137 Clerk's Judgment, #96 Order on Motion to Dismiss,,, Order on Motion for Miscellaneous Relief,,,,, #135 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion for Miscellaneous Relief,,, by City of Roseville Employees Retirement System. Filing fee $ 505, receipt number 0980-1933956. (Seefer, Christopher)
September 25, 2014 Filing 137 CIVIL JUDGMENT in favor of Defendants Sterling Financial Corporation, Daniel G Byrne, and Harold B Gilkey against Plaintiff City of Roseville Employees Retirement System. (PL, Case Administrator)
September 25, 2014 Opinion or Order Filing 136 ORDER DIRECTING ENTRY OF JUDGMENT re #135 Order Granting Defendants' Motion to Dismiss Consolidated Amended Complaint. Signed by Judge Stanley A Bastian. (PL, Case Administrator)
September 17, 2014 Opinion or Order Filing 135 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS CONSOLIDATED AMENDED COMPLAINT granting #113 Defendants' Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #119 Defendants' Motion for Judicial Notice; granting in part and denying in part #126 Defendants' Motion for Judicial Notice. Signed by Judge Stanley A Bastian. (VR, Courtroom Deputy)
September 9, 2014 Filing 134 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing. Proceedings held on August 13, 2014 in Spokane before Judge Stanley A. Bastian. Page Numbers: 1-55 Parties have seven (7) business 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. 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. Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf. To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509-458-5283 . Redaction Request due 9/30/2014. Redacted Transcript Deadline set for 10/10/2014. Release of Transcript Restriction set for 12/8/2014. (VR, Courtroom Deputy)
August 13, 2014 Filing 133 Minute Entry for proceedings held before Judge Stanley A Bastian: Motion Hearing held on 8/13/2014 re #119 MOTION Request for Judicial Notice and Notice of Incorporation by Reference re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint filed by Daniel G Byrne, Sterling Financial Corporation, Harold B Gilkey, #126 MOTION Supplemental Request for Judicial Notice and Notice of Incorporation by Reference filed by Daniel G Byrne, Sterling Financial Corporation, Harold B Gilkey. (Reported/Recorded by: Ronelle F. Corbey) (LMM, Courtroom Deputy)
July 21, 2014 Filing 132 NOTICE RESETTING Hearing on Motions - By Court - Text entry;no PDF document. Oral Argument Requested re #126 MOTION Supplemental Request for Judicial Notice and Notice of Incorporation by Reference re re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint , #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint, #119 MOTION Request for Judicial Notice and Notice of Incorporation by Reference re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint : Motion Hearing currently set for 8/12/14 is reset for 8/13/2014 at 9:00 AM in Spokane before Judge Stanley A Bastian. (LMM, Courtroom Deputy)
June 2, 2014 Set/Reset Motion Hearing as to #126 MOTION Supplemental Request for Judicial Notice and Notice of Incorporation by Reference re re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint , #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint, #119 MOTION Request for Judicial Notice and Notice of Incorporation by Reference re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint . Motion Hearing reset for 8/12/2014 at 1:30 PM in Richland before Judge Stanley A Bastian. (LMM, Courtroom Deputy)
May 29, 2014 Opinion or Order Filing 131 ORDER OF REASSIGNMENT. Case reassigned to Judge Stanley A Bastian for all further proceedings. Senior Judge Edward F. Shea no longer assigned to case. Signed by Chief Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy)
May 7, 2014 Filing 130 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re #126 MOTION Supplemental Request for Judicial Notice and Notice of Incorporation by Reference re re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint , #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint, #119 MOTION Request for Judicial Notice and Notice of Incorporation by Reference re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint : DUE TO SCHEDULING CONFLICTS WITH THE COURT'S CALENDAR Motion Hearing currrently set for 5/21/14 is RESET for 8/12/2014 at 01:30 PM in Richland before Senior Judge Edward F. Shea. (DB, Courtroom Deputy)
May 2, 2014 Filing 129 NOTICE by City of Roseville Employees Retirement System re #120 Memorandum of Points and Authorities in Opposition to Motion, Plaintiff's Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Seefer, Christopher)
April 4, 2014 Filing 128 BRIEF re #123 Response, Defendants Response to Plaintiffs Request for Judicial Notice by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Roberts, John)
April 4, 2014 Filing 127 REPLY MEMORANDUM re #119 MOTION Request for Judicial Notice and Notice of Incorporation by Reference re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Roberts, John)
April 4, 2014 Filing 126 MOTION Supplemental Request for Judicial Notice and Notice of Incorporation by Reference re re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. Motion Hearing set for 5/21/2014 at 01:30 PM in Richland before Senior Judge Edward F. Shea. (Roberts, John)
April 4, 2014 Filing 125 DECLARATION by John C. Roberts Jr. in Support re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint Supplemental Declaration filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Exhibit 36-37)(Roberts, John)
April 4, 2014 Filing 124 REPLY MEMORANDUM re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry)
March 7, 2014 Filing 123 RESPONSE re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint Plaintiff's Request for Judicial Notice by City of Roseville Employees Retirement System. (Seefer, Christopher)
March 7, 2014 Filing 122 RESPONSE re #119 MOTION Request for Judicial Notice and Notice of Incorporation by Reference re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint Plaintiff's Response to Defendants' Request for Judicial Notice and Notice of Incorporation by Reference in Support of Motion to Dismiss Consolidated Amended Complaint by City of Roseville Employees Retirement System. (Seefer, Christopher)
March 7, 2014 Filing 121 DECLARATION by Christopher P. Seefer in Opposition re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint filed by City of Roseville Employees Retirement System. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Seefer, Christopher)
March 7, 2014 Filing 120 MEMORANDUM of Points and Authorities in Opposition re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint filed by City of Roseville Employees Retirement System. (Seefer, Christopher)
January 24, 2014 Filing 119 MOTION Request for Judicial Notice and Notice of Incorporation by Reference re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. Motion Hearing set for 5/21/2014 at 01:30 PM in Richland before Senior Judge Edward F. Shea. (Kaplan, Barry)
January 24, 2014 Filing 118 Additional Attachments to Main Document re #114 Declaration in Support of Motion, to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint, Exhibits 32-35 by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Roberts, John)
January 24, 2014 Filing 117 Additional Attachments to Main Document re #114 Declaration in Support of Motion, to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint, Exhibits 24-31 by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Roberts, John)
January 24, 2014 Filing 116 Additional Attachments to Main Document re #114 Declaration in Support of Motion, to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint, Exhibits 13-23 by All Defendants. (Roberts, John)
January 24, 2014 Filing 115 Additional Attachments to Main Document re #114 Declaration in Support of Motion, to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint, Exhibits 6-12 by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Roberts, John)
January 24, 2014 Filing 114 DECLARATION by John C. Roberts Jr. in Support re #113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Exhibit 1-5)(Roberts, John)
January 24, 2014 Filing 113 MOTION to Dismiss for Failure to State a Claim the Plaintiff's Consolidated Amended Complaint by All Defendants. Motion Hearing set for 5/21/2014 at 01:30 PM in Richland before Senior Judge Edward F. Shea. (Attachments: #1 Text of Proposed Order)(Kaplan, Barry)
January 14, 2014 Filing 112 Praecipe filed by All Defendants : Re #109 Declaration in Support of Motion, #108 MOTION for Leave to File Excess Pages for responding to the consolidated amended complaint, #110 MOTION to Expedite hearing on Defendants unopposed motion to extend the page limits for responding to the consolidated amended complaint. Description: Amended Certificate of Service. (Roberts, John)
January 13, 2014 Opinion or Order Filing 111 ORDER: Before the Court, without oral argument, are Defendants' Unopposed Motion to Extend the Page Limits for Responding to the Consolidated Amended Complaint, ECF No. #108 , and related Motion for Expedited Hearing, ECF No. #110 . Defendants request permission to file a Motion to Dismiss of up to 50 pages in response to Plaintiffs' 130-page Consolidated Amended Complaint. Defense counsel represents that Plaintiffs' counsel has no objections to the motions. ECF No. #109 . Having reviewed the pleadings, consistent with the Court's previous Orders, ECF Nos. #28 & 45 , the Court finds good cause to expedite consideration of this matter and grant leave to extend the page limits. Accordingly, Defendants' Motion to Extend the Page Limits and Motion to Expedite, ECF Nos. #108 & #110 , are GRANTED. Defendants' Motion to Dismiss, if any, shall not exceed fifty (50) pages, Plaintiffs' Response, if any, shall not exceed fifty (50) pages, and Defendants' Reply, if any, shall not exceed thirty (30) pages. Signed by Senior Judge Edward F. Shea. THIS IS A TEXT ONLY ENTRY. NO PDF TO ISSUE. THIS CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. (DB, Courtroom Deputy)
January 10, 2014 Filing 110 MOTION to Expedite hearing on Defendants unopposed motion to extend the page limits for responding to the consolidated amended complaint by All Defendants. Motion Hearing set for 1/17/2014 at 06:30 PM in Without Oral Argument before Senior Judge Edward F. Shea. (Attachments: #1 Text of Proposed Order)(Roberts, John) (See Praecipe #112 amended certificate of service) Modified on 1/15/2014 (VR, Courtroom Deputy).
January 10, 2014 Filing 109 DECLARATION by John C. Roberts Jr. in Support re #108 MOTION for Leave to File Excess Pages for responding to the consolidated amended complaint filed by All Defendants. (Roberts, John) (See Praecipe #112 amended certificate of service) Modified on 1/15/2014 (VR, Courtroom Deputy).
January 10, 2014 Filing 108 MOTION for Leave to File Excess Pages for responding to the consolidated amended complaint by All Defendants. Motion Hearing set for 1/17/2014 at 06:30 PM in Without Oral Argument before Senior Judge Edward F. Shea. (Attachments: #1 Text of Proposed Order)(Roberts, John) (See Praecipe #112 amended certificate of service) Modified on 1/15/2014 (VR, Courtroom Deputy).
January 9, 2014 Filing 107 NOTICE of Appearance by John C Roberts, Jr on behalf of Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation (Attorney John C Roberts, Jr added to party Daniel G Byrne(pty:dft), Attorney John C Roberts, Jr added to party Harold B Gilkey(pty:dft), Attorney John C Roberts, Jr added to party Sterling Financial Corporation(pty:dft))(Roberts, John)
November 18, 2013 Opinion or Order Filing 106 ORDER: Before the Court, without oral argument, is the parties' Stipulated Motion Regarding The Schedule For Responding To The Consolidated Amended Complaint, ECF No. #105 . The parties ask the Court to extend the deadline to respond to the consolidated amended complaint. Having reviewed the pleadings, the Court finds good cause to grant an extension. The Stipulated Motion, ECF No. #105 , is therefore GRANTED. Defendants shall answer, or move to dismiss, the Consolidated Amended Complaint by no later than January 24, 2014. If Defendants file a motion to dismiss, Lead Plaintiff shall file its response, if any, by no later than March 7, 2014, and Defendants shall file their reply, if any, by no later than April 4, 2014. Signed by Senior Judge Edward F. Shea. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. THIS TEXT-ONLY ENTRY CONSTITUTES THE COURTS ORDER OR NOTICE ON THE MATTER. (VR, Courtroom Deputy)
November 15, 2013 Filing 105 Stipulated MOTION for Extension of Time to File Answer re #103 Amended Complaint, Regarding the Schedule for Responding to the Consolidated Amended Complaint by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. Motion Hearing set for 12/16/2013 at 06:30 PM in Without Oral Argument before Senior Judge Edward F. Shea. (Attachments: #1 Text of Proposed Order)(Watts, Gregory)
November 1, 2013 Opinion or Order Filing 104 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE granting #99 Motion for Leave to Appear Pro Hac Vice. Added Attorney Sunny S Sarkis,Matthew S Melamed for City of Roseville Employees Retirement System; granting #101 Motion for Leave to Appear Pro Hac Vice. Added Attorney Sunny S Sarkis,Matthew S Melamed for City of Roseville Employees Retirement System Signed by Senior Judge Edward F. Shea. (VR, Courtroom Deputy)
October 11, 2013 Filing 103 AMENDED COMPLAINT CONSOLIDATED AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against All Defendants. Jury Demand. Filed by City of Roseville Employees Retirement System. (Attachments: #1 Exhibit A, #2 Exhibit B)(Seefer, Christopher)
October 3, 2013 Filing 102 AFFIDAVIT by Sunny S. Sarkis in Support re #101 MOTION to Appear Pro Hac Vice re Attorney: Sunny S. Sarkis. Filing fee $ 200, receipt number 0980-1668946. filed by City of Roseville Employees Retirement System. (Black, Laura)
October 3, 2013 Filing 101 MOTION to Appear Pro Hac Vice re Attorney: Sunny S. Sarkis. Filing fee $ 200, receipt number 0980-1668946. by City of Roseville Employees Retirement System. (Attachments: #1 Text of Proposed Order Granting Application for Admission of Sunny S. Sarkis pro hac vice Under LR 83.2(c))(Black, Laura)
October 3, 2013 Filing 100 AFFIDAVIT by Matthew S. Melamed in Support re #99 MOTION to Appear Pro Hac Vice re Attorney: Matthew S. Melamed. Filing fee $ 200, receipt number 0980-1668915. filed by City of Roseville Employees Retirement System. (Black, Laura)
October 3, 2013 Filing 99 MOTION to Appear Pro Hac Vice re Attorney: Matthew S. Melamed. Filing fee $ 200, receipt number 0980-1668915. by City of Roseville Employees Retirement System. (Attachments: #1 Text of Proposed Order Granting Application for Admission of Matthew S. Melamed pro hac vice under LR 83.2(c))(Black, Laura)
October 1, 2013 Opinion or Order Filing 98 ORDER: Before the Court, without oral argument, is the parties' Stipulated Motion Regarding The Schedule For Filing And Responding To The Consolidated Amended Complaint, ECF No. #97 . The parties ask the Court to extend the deadline to file, and respond to, the consolidated amended complaint. Having reviewed the pleadings, the Court finds good cause to grant an extension. The Stipulated Motion, ECF No. #97 , is therefore GRANTED. Plaintiff shall file the Consolidated Amended Complaint by no later than October 11, 2013, and Defendants shall answer, or move to dismiss, the Consolidated Amended Complaint by no later than December 13, 2013. If Defendants file a motion to dismiss, Plaintiff shall file its response, if any, by no later than January 28, 2014, and Defendants shall file their reply, if any, by no later than March 7, 2014. Signed by Senior Judge Edward F. Shea. THIS IS A TEXT ONLY ENTRY. NO PDF TO ISSUE. THIS CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. (DB, Courtroom Deputy)
September 30, 2013 Filing 97 Stipulated MOTION for Extension of Time to File STIPULATED MOTION REGARDING THE SCHEDULE FOR FILING AND RESPONDING TO THE CONSOLIDATED AMENDED COMPLAINT by City of Roseville Employees Retirement System. Motion Hearing set for 10/30/2013 at 06:30 PM in Without Oral Argument before Senior Judge Edward F. Shea. (Attachments: #1 Text of Proposed Order)(Seefer, Christopher)
August 5, 2013 Opinion or Order Filing 96 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS; granting #46 Motion to Dismiss; granting in part and denying in part #50 first Request for Judicial Notice and Notice of Incorporation by Reference; granting in part and denying in part #59 Second Request for Judicial Notice and Notice of Incorporation by Reference. The Consolidated Complaint is DISMISSED WITHOUT PREJUDICE, and Plaintiff is granted leave to file an amended complaint within 60 days. Signed by Senior Judge Edward F. Shea. (CV, Case Administrator)
April 3, 2013 Opinion or Order Filing 95 ORDER: The Court is presently reviewing a draft of its Order addressing Defendants' pending motion to dismiss, ECF No. #46 , and motions for judicial notice, ECF Nos. #50 & #59 ; however, the Court does not anticipate that that the Order will be entered before the Court begins a complex, six-week criminal jury trial on April 15, 2013. The Court will consider the matter during the trial as time permits and expects to enter a final order by no later than mid-June. Should either party believe that the Court's March 29, 2013 Order approving the preliminary settlement in In re Sterling Financial Corp. ERISA Litig., No. CV-10-0018-EFS, ECF No. 104, has a bearing on the pending motion to dismiss, that party may file a memorandum, not to exceed five (5) pages, by no later than April 17, 2013. The opposing party may file a response or joinder to any such memorandum, not to exceed five (5) pages, by no later than May 1, 2013. No other filings are permitted on this topic. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Senior Judge Edward F. Shea. (CV, Case Administrator)
January 29, 2013 Filing 94 NOTICE by City of Roseville Employees Retirement System re #54 Memorandum of Points and Authorities in Opposition to #46 Motion to Dismiss - Plaintiff's Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Seefer, Christopher) Modified on 1/30/2013 to link to motion (CV, Case Administrator).
October 4, 2012 Opinion or Order Filing 93 ORDER: A criminal case, which the Court had anticipated would resolve in pleas, proceeded to trial. The evidentiary portion of the three-week criminal trial ended, and the jury is deliberating. The Court will soon resume work on the pending motions in the Sterling cases and expects to have a decision in the next three weeks. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Senior Judge Edward F. Shea. (CV, Case Administrator)
September 7, 2012 Filing 92 NOTICE by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws (Notice of Supplemental Authority) (Attachments: #1 Exhibit A)(Kaplan, Barry)
August 31, 2012 Filing 91 MEMORANDUM in Support re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws (Supplemental) filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry)
August 15, 2012 Opinion or Order Filing 90 ORDER: The Court anticipates entering an Order on the pending Defendants' Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws #46 and motions for judicial notice #50 #59 in September. Each party may file a supplemental memorandum (limited to 10 pages) on the pending motions no later than August 31, 2012; no responses or replies shall be filed. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Senior Judge Edward F. Shea. (CV, Case Administrator)
May 31, 2012 Filing 89 NOTICE of Association of Counsel by Laura J Black on behalf of City of Roseville Employees Retirement System (Black, Laura)
May 29, 2012 Filing 88 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff City of Roseville Employees Retirement System. Attorney Bryce J. Wilcox is withdrawing. Michael James Hines is substituted as counsel for Plaintiff. (Hines, Michael)
May 3, 2012 Filing 87 RESPONSE re #85 Notice (Other) Response to Plaintiff's Inquiry Regarding Status of Defendants' Motion to Dismiss by All Defendants. (Kaplan, Barry)
May 2, 2012 Filing 86 NOTICE OF WITHDRAWAL OF COUNSEL by Christopher Paul Seefer on behalf of Plaintiff City of Roseville Employees Retirement System (Seefer, Christopher)
May 2, 2012 Filing 85 NOTICE by City of Roseville Employees Retirement System Plaintiffs' Inquiry Regarding the Status of Defendants' Pending Motion to Dismiss (Seefer, Christopher)
August 24, 2011 Filing 84 RESPONSE re #83 Notice (Other) of Request by Plaintiff to Submit Final Decision in Derivative Action by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry)
August 17, 2011 Filing 83 NOTICE by City of Roseville Employees Retirement System Notice of Request by Plaintiff to Submit Final Decision in Derivative Action (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Seefer, Christopher)
April 27, 2011 Filing 82 NOTICE OF WITHDRAWAL OF COUNSEL by Bryce James Wilcox on behalf of Plaintiff City of Roseville Employees Retirement System (Wilcox, Bryce)
April 21, 2011 Opinion or Order Filing 81 ORDER granting #79 Motion for Leave to Appear Pro Hac Vice. Added Attorney Christopher P Seefer for City of Roseville Employees Retirement System. Signed by Judge Edward F. Shea. (CV, Case Administrator)
April 8, 2011 Filing 80 DECLARATION by Christopher P. Seefer in Support re #79 MOTION to Appear Pro Hac Vice re Attorney: Christopher P. Seefer. Filing fee $ 150, receipt number SPO01359. filed by All Plaintiffs. (Wilcox, Bryce)
April 8, 2011 Filing 79 MOTION to Appear Pro Hac Vice re Attorney: Christopher P. Seefer. Filing fee $ 150, receipt number SPO013539. by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Wilcox, Bryce) Modified on 4/8/2011 to correct receipt number (PL, Case Administrator).
March 2, 2011 Filing 78 Minute Entry for proceedings held before Judge Edward F. Shea: Motion Hearing held on 3/2/2011 re #59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum, filed by Daniel G Byrne, Sterling Financial Corporation, Harold B Gilkey, #50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Sterling Financial Corporation, Harold B Gilkey, #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Sterling Financial Corporation, Harold B Gilkey. (Reported/Recorded by: Mark A. Snover) (DB, Courtroom Deputy)
March 1, 2011 Filing 77 Praecipe filed by All Plaintiffs : Re #76 Notice of Withdrawal of Counsel Darren Robbins and Trica McCormick. (Wilcox, Bryce)
March 1, 2011 Filing 76 NOTICE OF WITHDRAWAL OF COUNSEL by Bryce James Wilcox on behalf of Plaintiff City of Roseville Employees Retirement System (Wilcox, Bryce) Modified on 3/1/2011 WRONG PDF ATTACHED - PRAECIPE TO BE FILED (CV, Case Administrator).
February 23, 2011 Opinion or Order Filing 75 ORDER requiring lead counsel to either seek admission to the Eastern District of Washington bar or participate pro hac vice. Notwithstanding the Court's March 11, 2010 Order 15 , which required lead counsel to take the necessary steps to either seek admission or participate pro hac vice, neither Darren Robbins nor Tricia McCormick have done so. They were reminded of this Local Rule 83.2 requirement by letter dated August 3, 2010 36 . Accordingly, if Mr. Robbins and Ms. McCormick desire to continue as counsel in this matter, they must apply for admission or pro hac vice status no later than March 2, 2011. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Edward F. Shea. (CV, Case Administrator)
February 23, 2011 Opinion or Order Filing 74 Order advising counsel that the Court will give each side twenty-five minutes to argue their position relating to Defendants' Motion to Dismiss #46 and ten minutes relating to Defendants' requests for judicial notice #50 #59 during the March 2, 2011 hearing. Signed by Judge Edward F. Shea. THIS IS A TEXT ONLY ENTRY. NO PDF TO FOLLOW. THIS CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. (DB, Courtroom Deputy)
February 1, 2011 Opinion or Order Filing 73 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE; granting #66 Motion for Leave to Appear Pro Hac Vice. Added Attorney Brian Danitz for Daniel G Byrne, Harold B Gilkey and Sterling Financial Corporation. Signed by Judge Edward F. Shea. (CV, Case Administrator)
January 19, 2011 Filing 72 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws, #59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum,, #50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : DUE TO SCHEDULING CONFLICTS WITH COUNSEL'S SCHEDULEMotion Hearing currently set for 02/24/2011 is RESET for 3/2/2011 01:30 PM in Spokane before Judge Edward F. Shea. (DB, Courtroom Deputy)
January 19, 2011 Filing 71 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws, #59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum,, #50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : DUE TO SCHEDULING CONFLICTS WITH THE COURT'S TRIAL CALENDAR Motion Hearing currently set for 01/26/11 is RESET for 2/24/2011 01:30 PM in Richland before Judge Edward F. Shea. (DB, Courtroom Deputy)
January 6, 2011 Filing 70 NOTICE of Appearance of Stephanie L. Jensen by Stephanie Lynn Jensen on behalf of Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation (Jensen, Stephanie)
January 5, 2011 Filing 69 NOTICE of Hearing on Motion re #66 MOTION to Appear Pro Hac Vice re Attorney: Brian Danitz. Filing fee $ 150, receipt number SPO012847. : Motion Hearing set for 2/4/2011 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Kaplan, Barry)
January 5, 2011 Filing 68 DECLARATION by Brian Danitz in Support re #66 MOTION to Appear Pro Hac Vice re Attorney: Brian Danitz. Filing fee $ 150, receipt number SPO012847. filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry)
January 5, 2011 Filing 67 MEMORANDUM in Support re #66 MOTION to Appear Pro Hac Vice re Attorney: Brian Danitz. Filing fee $ 150, receipt number SPO012847. filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry)
January 5, 2011 Filing 66 MOTION to Appear Pro Hac Vice re Attorney: Brian Danitz. Filing fee $ 150, receipt number SPO012847. by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Text of Proposed Order [Proposed] Order)(Kaplan, Barry)
January 4, 2011 Filing 65 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws, #59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum,, #50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : DUE TO SCHEDULING CONFLICTS WITH THE COURT'S TRIAL CALENDAR Motion Hearing currently set for 1/6/2011 in Spokane is RESET for 1/26/2011 01:30 PM in RICHLAND before Judge Edward F. Shea. (DB, Courtroom Deputy)
January 3, 2011 Filing 64 REPLY MEMORANDUM re #59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum, filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry)
December 29, 2010 Filing 63 NOTICE OF WITHDRAWAL OF COUNSEL by Douglas W Greene on behalf of Defendants Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation (Greene, Douglas)
December 27, 2010 Filing 62 MEMORANDUM of Points and Authorities in Opposition re #59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum, filed by City of Roseville Employees Retirement System. (Ahmed, S)
December 21, 2010 Filing 61 NOTICE OF WITHDRAWAL OF COUNSEL by Britton F Davis on behalf of Defendants Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation (Davis, Britton)
December 6, 2010 Filing 60 NOTICE of Hearing on Motion Oral Argument Requested re #59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum,Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum, : Motion Hearing set for 1/26/2011 09:00 AM in Spokane before Judge Edward F. Shea. (Kaplan, Barry)
December 3, 2010 Filing 59 Second MOTION for Judicial Notice and Notice of Incorporation by Reference in Support of Reply re Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws re #56 Reply Memorandum, by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Notice of Hearing, #2 Text of Proposed Order)(Kaplan, Barry)
December 3, 2010 Filing 58 REPLY MEMORANDUM re #50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry)
December 3, 2010 Filing 57 DECLARATION by Britton F. Davis in Support re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws in Support of Defendants' Reply filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Exhibit Exhibit CC, #2 Exhibit Exhibit DD, #3 Exhibit Exhibit EE, #4 Exhibit Exhibit FF, #5 Exhibit Exhibit GG, #6 Exhibit Exhibit HH, #7 Exhibit Exhibit II, #8 Exhibit Exhibit JJ)(Kaplan, Barry)
December 3, 2010 Filing 56 REPLY MEMORANDUM re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Appendix Supplemental Appendix, #2 Exhibit Exhibit 13, #3 Exhibit Exhibit 14, #4 Exhibit Exhibit 15)(Kaplan, Barry)
October 29, 2010 Filing 55 MEMORANDUM of Points and Authorities in Opposition re #50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by City of Roseville Employees Retirement System. (Greenstein, Eli)
October 29, 2010 Filing 54 MEMORANDUM of Points and Authorities in Opposition re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by City of Roseville Employees Retirement System. (Greenstein, Eli)
August 31, 2010 Filing 53 NOTICE of Hearing on Motion Oral Argument Requested re #50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : Motion Hearing set for 1/26/2011 09:00 AM in Spokane before Judge Edward F. Shea. (Greene, Douglas)
August 30, 2010 Filing 52 APPENDIX re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Appendix Exhibit 1 pg 4-6, #2 Appendix Exhibit 2 pg 7-12, #3 Appendix Exhibit 3 pg 13-15, #4 Appendix Exhibit 4 pg 16-31, #5 Appendix Exhibit 5 pg 32-48, #6 Appendix Exhibit 6 pg 49-54, #7 Appendix Exhibit 7 pg 55-69, #8 Appendix Exhibit 8 pg 70-73, #9 Appendix Exhibit 9 pg 74-87, #10 Appendix Exhibit 10 pg 88-104, #11 Appendix Exhibit 11 pg 105-111, #12 Appendix Exhibit 12 pg 112-130)(Greene, Douglas)
August 30, 2010 Filing 51 DECLARATION by Douglas W. Greene in Support re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Exhibit A pg 7-13, #2 Exhibit B pg 14-17, #3 Exhibit C pg 18-26, #4 Exhibit D pg 27-30, #5 Exhibit E pg 31-33, #6 Exhibit F pg 34-37, #7 Exhibit G pg 38-41, #8 Exhibit H pg 42-43, #9 Exhibit I pg 44-47, #10 Exhibit J pg 48-51, #11 Exhibit K pg 52-53, #12 Exhibit L pg 54-55, #13 Exhibit M pg 56-61, #14 Exhibit N pg 62-66, #15 Exhibit O pg 67-71, #16 Exhibit P pg 72-74, #17 Exhibit Q pg 75-92, #18 Exhibit R pg 93-107, #19 Exhibit S pg 108-115, #20 Exhibit T pg 116-123, #21 Exhibit U pg 124-129, #22 Exhibit V pg 130-139, #23 Exhibit W pg 140-150, #24 Exhibit X pg 151-155, #25 Exhibit Y pg 156-159, #26 Exhibit Z pg 160-163, #27 Exhibit AA pg 164-166, #28 Exhibit BB pg 167-179)(Greene, Douglas)
August 30, 2010 Filing 50 MOTION REQUEST FOR JUDICIAL NOTICE AND NOTICE OF INCORPORATION BY REFERENCE in support of Motion to Dismiss re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Greene, Douglas)
August 30, 2010 Filing 49 NOTICE of Hearing on Motion Oral Argument Requested re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : Motion Hearing set for 1/26/2011 09:00 AM in Spokane before Judge Edward F. Shea. (Greene, Douglas)
August 30, 2010 Filing 48 MEMORANDUM of Points and Authorities in Support re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Greene, Douglas)
August 30, 2010 Filing 47 NOTICE of Hearing on Motion re #46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws : Motion Hearing set for 1/26/2011 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Greene, Douglas) INCORRECTLY DOCKETED - NOTICE CORRECTLY REFILED UNDER CT REC #49 Modified on 9/1/2010 (CV, Case Administrator).
August 30, 2010 Filing 46 MOTION to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Defendants' Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws)(Greene, Douglas)
August 24, 2010 Opinion or Order Filing 45 Order GRANTING IN PART Defendants' Unopposed Motion to Extend the Page Limits for Responding to the Consolidated Complaint #38 and related Motion to Expedite #42 . The Court previously allowed Defendants to file a 45-page memorandum in support of their motion to dismiss. Defendants now seek leave to file a 55-page memorandum. The Court determines that 50 pages is sufficient to allow Defendants to fully present their motion to dismiss. Likewise, Plaintiffs' response may be 50 pages. Defendants' reply shall not exceed 30 pages. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING ON THE MATTER. Signed by Judge Edward F. Shea. (CV, Case Administrator)
August 24, 2010 Filing 44 MEMORANDUM in Support re #42 MOTION to Expedite Hearing on Defendants' Unopposed Motion to Extend Page Limits filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry)
August 24, 2010 Filing 43 NOTICE of Hearing on Motion re #42 MOTION to Expedite Hearing on Defendants' Unopposed Motion to Extend Page Limits : Motion Hearing set for 8/26/2010 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Kaplan, Barry)
August 24, 2010 Filing 42 MOTION to Expedite Hearing on Defendants' Unopposed Motion to Extend Page Limits by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Text of Proposed Order)(Kaplan, Barry)
August 24, 2010 Filing 41 DECLARATION by Gregory L. Watts in Support re #38 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion to Extend Page Limit filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry)
August 24, 2010 Filing 40 MEMORANDUM in Support re #38 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion to Extend Page Limit filed by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Kaplan, Barry)
August 24, 2010 Filing 39 NOTICE of Hearing on Motion re #38 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion to Extend Page Limit : Motion Hearing set for 8/26/2010 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Kaplan, Barry)
August 24, 2010 Filing 38 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion to Extend Page Limit by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Text of Proposed Order)(Kaplan, Barry)
August 23, 2010 Filing 37 NOTICE of Change of Address by Bryce James Wilcox (Wilcox, Bryce)
August 3, 2010 Opinion or Order Filing 35 Order GRANTING the Stipulated Motion to Extend the Schedule for Responding to the Consolidated Complaint #33 . The Court finds good cause to grant an extension of the motion filing deadline in light of defense counsel's unexpected scheduling conflict and new factual allegations in the amended consolidated complaint that encompass an additional nine-month period. Accordingly, the Court grants the stipulated motion. However, the parties are warned that the Court will not further extend these deadlines; accordingly, counsel shall schedule their calendars accordingly. Defendants shall file their motion to dismiss the complaint no later than August 30, 2010. Lead Plaintiff shall file its opposition to Defendants' motion to dismiss no later than October 29, 2010. Defendants' reply shall be filed no later than December 3, 2010. Signed by Judge Edward F. Shea. THIS IS A TEXT ONLY ENTRY. NO PDF TO FOLLOW. THIS CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. (DB, Courtroom Deputy)
August 3, 2010 Filing 34 NOTICE of Hearing on Motion re #33 Stipulated MOTION for Extension of Time to File Response/Reply as to #29 Amended Complaint, : Motion Hearing set for 8/3/2010 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Kaplan, Barry)
August 3, 2010 Filing 33 Stipulated MOTION for Extension of Time to File Response/Reply as to #29 Amended Complaint, by Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. (Attachments: #1 Text of Proposed Order)(Kaplan, Barry)
July 20, 2010 Opinion or Order Filing 32 Order GRANTING the parties' Stipulation and Joint Motion Requesting Continuance of August 3, 2010 Scheduling Conference #31 . The Court STRIKES the August 3, 2010 scheduling conference; if necessary, a scheduling conference will be reset after the Court hears Defendants' motion to dismiss. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Edward F. Shea. (CV, Case Administrator)
July 20, 2010 Filing 31 Stipulated MOTION to Continue August 3, 2010 Scheduling Conference by City of Roseville Employees Retirement System. (Attachments: #1 Text of Proposed Order)(Greenstein, Eli)
June 29, 2010 Filing 30 SCHEDULING CONFERENCE NOTICE : Telephonic Scheduling Conference set for 8/3/2010 09:30 AM in Telephonic Argument before Judge Edward F. Shea. (Attachments: #1 Consent to Magistrate form)(DB, Courtroom Deputy)
June 18, 2010 Filing 29 AMENDED COMPLAINT Consolidated Complaint for Violation of the Federal Securities Laws against Daniel G Byrne, Harold B Gilkey, Sterling Financial Corporation. Jury Demand. Filed by City of Roseville Employees Retirement System. (Attachments: #1 Exhibit A)(Greenstein, Eli)
April 16, 2010 Opinion or Order Filing 28 STIPULATED ORDER FOR THE CONSOLIDATED COMPLAINT AND MOTION TO DISMISS; granting #26 Stipulated Motion to Set Schedule for the Consolidated Complaint and Motion to Dismiss. Signed by Judge Edward F. Shea. (CV, Case Administrator)
April 14, 2010 Filing 27 NOTICE of Hearing on Motion re #26 Stipulated MOTION for Extension of Time to File Amended Complaint and Motion to Dismiss : Motion Hearing set for 4/14/2010 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Kaplan, Barry)
April 14, 2010 Filing 26 Stipulated MOTION for Extension of Time to File Amended Complaint and Motion to Dismiss by All Defendants. (Attachments: #1 Text of Proposed Order Proposed Order)(Kaplan, Barry)
March 30, 2010 Filing 25 NOTICE by City of Roseville Employees Retirement System NOTICE OF FIRM NAME CHANGE (Greenstein, Eli)
March 18, 2010 Opinion or Order Filing 24 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE; granting #16 Motion for Leave to Appear Pro Hac Vice. Added Attorney Gregory L Watts for Daniel G Byrne, Harold B Gilkey and for Sterling Financial Corporation. Signed by Judge Edward F. Shea. (CV, Case Administrator)
March 18, 2010 Opinion or Order Filing 23 ORDER GRANTING PERMISSION TO PARTICIPATE PRO HAC VICE; granting #21 Motion for Leave to Appear Pro Hac Vice. Added Attorneys S Ashar Ahmed and Eli Greenstein for City of Roseville Employees Retirement System. Signed by Judge Edward F. Shea. (CV, Case Administrator)
March 16, 2010 Filing 22 NOTICE of Hearing on Motion re #21 MOTION to Appear Pro Hac Vice re Attorney: Eli R. Greenstein and S. Ashar Ahmed. Filing fee $ 150, receipt number 0980-838974. : Motion Hearing set for 3/17/2010 06:30 PM in Without Oral Argument before Judge Edward F. Shea. (Wilcox, Bryce)
March 16, 2010 Filing 21 MOTION to Appear Pro Hac Vice re Attorney: Eli R. Greenstein and S. Ashar Ahmed. Filing fee $ 150, receipt number 0980-838974. by City of Roseville Employees Retirement System. (Attachments: #1 Affidavit of Eli R. Greenstein, #2 Affidavit of S. Ashar Ahmed, #3 Text of Proposed Order)(Wilcox, Bryce)
March 16, 2010 Payment Received: Receipt #SPO010799 in the amount of $150.00 from Bryce J. Wilcox re Pro Hac Vice Fee for S. Ashar Ahmed. (PL, Case Administrator)
March 12, 2010 Filing 20 NOTICE of Appearance by Britton F Davis on behalf of All Defendants (Davis, Britton)
March 12, 2010 Filing 19 DECLARATION by Gregory L. Watts in Support re #16 MOTION to Appear Pro Hac Vice re Attorney: Gregory L. Watts. Filing fee $ 150. filed by All Defendants. (Greene, Douglas)
March 12, 2010 Filing 18 MEMORANDUM re #16 MOTION to Appear Pro Hac Vice re Attorney: Gregory L. Watts. Filing fee $ 150., #17 Notice of Hearing on Motion by All Defendants. (Greene, Douglas)
March 12, 2010 Filing 17 NOTICE of Hearing on Motion re #16 MOTION to Appear Pro Hac Vice re Attorney: Gregory L. Watts. Filing fee $ 150. : Motion Hearing set for 3/12/2010 06:30 PM in Spokane before Judge Edward F. Shea. (Greene, Douglas)
March 12, 2010 Filing 16 MOTION to Appear Pro Hac Vice re Attorney: Gregory L. Watts. Filing fee $ 150. by All Defendants. (Attachments: #1 Text of Proposed Order)(Greene, Douglas)
March 12, 2010 Payment Received: Receipt #SPO010769 in the amount of $150.00 from Karen Weiland, Wilson, Sonsini, Goodrich & Rosati re Pro Hac Filing Fee for Gregory L. Watts. (PL, Case Administrator)
March 11, 2010 Opinion or Order Filing 15 ORDER: On March 9, 2010, the Court approved lead and liaison counsel for Plaintiff. Liaison counsel Bryce Wilcox with Lukins & Annis is an admitted member of the Eastern District of Washington bar. Lead counsel, however, is not. Lead counsel is to take the necessary steps to either seek admission or participate pro hac vice. LR 83.2. Counsel are warned that unless they become counsel of record they will not receive notices of electronic filings. Because Hagens Berman is no longer seeking to serve as liaison counsel in this matter, Karl Barth will be terminated as counsel of record in this matter upon the filing of a notice of withdrawal. THIS IS A TEXT-ONLY ENTRY; NO PDF WILL FOLLOW; THIS ENTRY CONSTITUTES THE COURT'S RULING/NOTICE ON THE MATTER. Signed by Judge Edward F. Shea. (CV, Case Administrator)
March 9, 2010 Opinion or Order Filing 14 ORDER GRANTING #7 PLAINTIFF'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF COUNSEL - Appointed Bryce James Wilcox as liason counsel and Eli R Greenstein, Darren I Robbins and Tricia L McCormick as lead counsel for City of Roseville Employees Retirement System, which is hereby appointed as lead plaintiff. Signed by Judge Edward F. Shea. (CV, Case Administrator)
March 4, 2010 Filing 13 NOTICE by City of Roseville Employees Retirement System re #7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel of Non-Opposition and Request to Vacate Hearing (Attachments: #1 Text of Proposed Order)(Wilcox, Bryce)
March 1, 2010 Filing 12 NOTICE of Hearing on Motion - By Court - Text entry;no PDF document. Oral Argument Requested re #7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel : DUE TO SCHEDULING CONFLICTS WITH THE COURT'S CALENDAR the Motion Hearing currently set for 3/24/2010 is RESET for 3/19/2010 10:00 AM in Spokane before Judge Edward F. Shea. (DB, Courtroom Deputy)
February 26, 2010 Filing 11 STATEMENT re #7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel by All Defendants. (Kaplan, Barry)
February 26, 2010 Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Sterling Financial Corporation. (Kaplan, Barry)
February 9, 2010 Filing 9 DECLARATION by Karl P. Barth in Support re #7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by City of Roseville Employees Retirement System. (Attachments: #1 Exhibit A - Notice dated 12/11/2009, #2 Exhibit B - Sworn Certification, #3 Exhibit C - Purchase and Loss History, #4 Exhibit D - Resume of Coughlin Stoia Geller Rudman and Robbins, #5 Exhibit E - Resume of Lovell Mitchell & Barth, LLP)(Barth, Karl)
February 9, 2010 Filing 8 NOTICE of Hearing on Motion Oral Argument Requested re #7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel : Motion Hearing set for 3/24/2010 03:30 PM in Spokane before Judge Edward F. Shea. (Barth, Karl)
February 9, 2010 Filing 7 MOTION to Appoint Counsel City of Roseville Employees' Retirement System Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel by City of Roseville Employees Retirement System. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Barth, Karl)
February 1, 2010 Filing 6 SUMMONS Returned Executed by City of Roseville Employees Retirement System re Sterling Financial Corporation. (Attachments: #1 Certificate of Service)(Barth, Karl)
February 1, 2010 Filing 5 SUMMONS Returned Executed by City of Roseville Employees Retirement System re Daniel G Byrne. (Attachments: #1 Certificate of Service)(Barth, Karl)
February 1, 2010 Filing 4 ACKNOWLEDGEMENT OF SERVICE Executed on Behalf of Defendant Harold B. Gilkey Acknowledgement filed by City of Roseville Employees Retirement System. (Attachments: #1 Exhibit A - Correspondence re Acceptance of Service, #2 Certificate of Service)(Barth, Karl)
January 5, 2010 Filing 3 NOTICE of Appearance by Douglas W Greene on behalf of all defendants (Greene, Douglas)
January 5, 2010 Filing 2 NOTICE of Appearance by Barry M Kaplan on behalf of all defendants (Kaplan, Barry)
December 11, 2009 Filing 1 COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against all defendants ( Filing fee $ 350; Receipt # SPO010193). Summons issued. Jury Demand. Filed by City of Roseville Employees Retirement System. (Attachments: #1 Attachment, #2 Civil Cover Sheet)(PL, Case Administrator)

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Search for this case: City of Roseville Employees Retirement System v. Sterling Financial Corporation et al
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Plaintiff: City of Roseville Employees Retirement System
Represented By: Christopher Paul Seefer
Represented By: Karl P Barth
Represented By: Laura J Black
Represented By: Matthew S Melamed
Represented By: Michael James Hines
Represented By: Sunny September Sarkis
Represented By: Bryce James Wilcox
Represented By: Darren J Robbins
Represented By: Eli R Greenstein
Represented By: S Ashar Ahmed
Represented By: Tricia L McCormick
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Defendant: Sterling Financial Corporation
Represented By: Barry M Kaplan
Represented By: Brian Danitz
Represented By: Gregory L Watts
Represented By: Stephanie Lynn Jensen
Represented By: Britton F Davis
Represented By: Douglas W Greene
Represented By: John C Roberts, Jr
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Defendant: Harold B Gilkey
Represented By: Barry M Kaplan
Represented By: Brian Danitz
Represented By: Gregory L Watts
Represented By: Stephanie Lynn Jensen
Represented By: Britton F Davis
Represented By: Douglas W Greene
Represented By: John C Roberts, Jr
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Defendant: Daniel G Byrne
Represented By: Barry M Kaplan
Represented By: Brian Danitz
Represented By: Gregory L Watts
Represented By: Stephanie Lynn Jensen
Represented By: Britton F Davis
Represented By: Douglas W Greene
Represented By: John C Roberts, Jr
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