Desert Orchid Prt, et al v. Metawave Commun Corp, et al
Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers and Kenneth Jerome Schwartz |
Metawave Communications Corporation, Robert Hunsberger, Stuart Fuhlendorf and Victor K Liang |
2:2002cv00625 |
March 18, 2002 |
US District Court for the Western District of Washington |
Seattle Office |
Ricardo S Martinez |
Stockholders Suits |
15 U.S.C. § 78 m(a) Securities Exchange Act |
Plaintiff |
Docket Report
This docket was last retrieved on February 25, 2010. A more recent docket listing may be available from PACER.
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Filing 167 Mail Returned as Undeliverable re #162 Order on Motion for Miscellaneous Relief addressed to Ira Press (RS) |
Filing 166 AMENDED ORDER AWARDING ATTORNEYS' FEES AND EXPENSES by Judge Ricardo S Martinez. (RS) |
Filing 165 PROPOSED ORDER (Unsigned) re #159 Memorandum, [Proposed] Amended Order Awarding Attorneys' Fees and Expenses (Light, Jeffrey) |
Filing 164 ORDER granting Lead Counsel's #152 Motion for Attorney Fees by Judge Ricardo S Martinez.(RS) |
Filing 163 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE by Judge Ricardo S Martinez (RS) |
Filing 162 ORDER granting #151 Motion approving plan of allocation of settlement proceeds by Judge Ricardo S Martinez.(RS) |
Filing 161 MINUTE ENTRY for proceedings held before Judge Ricardo S. Martinez- Dep Clerk: Lowell Williams; Pla Counsel: Jeffrey Light, Robert Lopez, Beverly Tse (by phone); Def Counsel: Ronald Berenstain, Joseph Bringman, Brad Fisher; CR: Nichole Rhynard; Time of Hearing: 1:30 PM; Courtroom: 13206;Motion Hearing held on 2/11/2010 re #151 MOTION Final Approval of Settlement and Plan of Allocation of Settlement Proceeds filed by Desert Orchid Partners LLC, Gerald Myers, Kenneth Jerome Schwartz, Erwin Siegl, #152 MOTION for Attorney Fees and Expenses filed by Desert Orchid Partners LLC, Gerald Myers, Kenneth Jerome Schwartz, Erwin Siegl. Court hears from counsel and approves motion for final settlement and motion for fees and expenses. Orders to be entered and case terminated. (LW) |
Filing 160 Supplemental DECLARATION of Carole K. Sylvester re Mailing of the Notice of Proposed Settlement of Class Action and the Proof of Claim and Release Form filed by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz re #151 MOTION Final Approval of Settlement and Plan of Allocation of Settlement Proceeds, #152 MOTION for Attorney Fees and Expenses (Light, Jeffrey) |
Filing 159 MEMORANDUM filed by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz re #151 MOTION Final Approval of Settlement and Plan of Allocation of Settlement Proceeds, #152 MOTION for Attorney Fees and Expenses (Attachments: #1 Proposed Order Approving Plan of Allocation of Settlement Proceeds, #2 Proposed Order Awarding Attorneys' Fees and Expenses, #3 Proposed Order Final Judgment and Order of Dismissal with Prejudice)(Light, Jeffrey) |
Filing 158 NOTICE of Change of Address of Attorney Steve W. Berman. Filed by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz. (Berman, Steve) |
Filing 157 DECLARATION of Lead Plaintiff Gerald E. Myers filed by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz re #151 MOTION Final Approval of Settlement and Plan of Allocation of Settlement Proceeds (Light, Jeffrey) |
Filing 156 DECLARATION of Ira M. Press on Behalf of Kirby McInerney LLP filed by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz re #152 MOTION for Attorney Fees and Expenses (Attachments: #1 Exhibit A)(Light, Jeffrey) |
Filing 155 DECLARATION of Erin K. Flory on Behalf of Hagens Berman Sobol Shapiro LLP filed by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz re #152 MOTION for Attorney Fees and Expenses (Attachments: #1 Exhibit A)(Light, Jeffrey) |
Filing 154 DECLARATION of Jeffrey D. Light on Behalf of Coughlin Stoia Geller Rudman & Robbins LLP filed by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz re #152 MOTION for Attorney Fees and Expenses (Attachments: #1 Exhibit A)(Light, Jeffrey) |
Filing 153 DECLARATION of Steve W. Berman filed by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz re #151 MOTION Final Approval of Settlement and Plan of Allocation of Settlement Proceeds, #152 MOTION for Attorney Fees and Expenses (Light, Jeffrey) |
Filing 152 MOTION for Attorney Fees and Expenses by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz. Oral Argument Requested. (Attachments: #1 Appendix A) Noting Date 2/11/2010, (Light, Jeffrey) |
Filing 151 MOTION Final Approval of Settlement and Plan of Allocation of Settlement Proceeds by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz. Oral Argument Requested. Noting Date 2/11/2010, (Light, Jeffrey) |
Filing 150 DECLARATION of Carole K. Sylvester re A) Mailing of the Notice of Proposed Settlement of Class Action and the Proof of Claim and Release Form, and B) Publication of the Summary Notice by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Light, Jeffrey) |
Filing 149 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE granting #148 Motion for prelminary approval; Final Approval Hearing set for 2/11/2010 at 01:30 PM before Judge Ricardo S Martinez by Judge Ricardo S Martinez. (Attachments: #1 attachment 1, #2 attachment 2, #3 attachment 3)(RS) |
Filing 148 MOTION Preliminary Approval of Class Action Settlement and Memorandum of Points and Authorities in Support Thereof by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz. (Attachments: #1 Proposed Order)(Light, Jeffrey) |
Filing 147 STIPULATION of Settlement by parties. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B)(Light, Jeffrey) |
Filing 146 ORDER re #145 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jeffrey D Light for Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers and Kenneth Jerome Schwartz, by Bruce Rifkin. (No document associated with this docket entry, text only.)(DS) |
Filing 145 APPLICATION OF ATTORNEY Jeffrey D. Light FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz (Fee Paid) Receipt No. 09810000000001816414. (Attachments: #1 Attorney Registration Form)(Berman, Steve) |
Filing 144 STIPULATION AND ORDER regarding suspension of case deadlines by Judge Ricardo S Martinez. (RS) |
Filing 143 STIPULATION AND PROPOSED ORDER Re Suspension of Case Deadlines by parties. (Berenstain, Ronald) |
Filing 142 ORDER granting #137 Motion for Extension of Time to Answer Third Amended Complaint by Judge Ricardo S Martinez.(RS) |
Filing 141 MOTION to Certify Pursuant to 28 USC Section 1291 (b) and a Stay Pending Appeal by Defendant Victor K Liang. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 5/1/2009, (Fisher, Bradley) |
Filing 140 MOTION for Reconsideration re #136 Order on Motion to Dismiss Third Amended Complaint by Defendant Victor K Liang. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 4/10/2009, (Fisher, Bradley) |
Filing 139 ORDER RE-NOTING #138 MOTION for Reconsideration Plaintiffs' Motion for Modification or Reconsideration of the Court's March 25, 2009 Order to Address Plaintiffs' Claims Under Section 20(a) of the Securities Exchange Act of 1934. By direction of Judge Ricardo S Martinez: Pursuant to Local Rule CR 7(h)(3), The Court directs defendants to respond to plaintiffs' Motion for Reconsideration. The Motion shall be RE-NOTED on the Court's calendar for April 24, 2009. Defendants' response, limited to 6 pages, is due April 20, 2009. Plaintiffs may file a 3-page reply on the noting date. (LS) |
Filing 138 MOTION for Reconsideration Plaintiffs' Motion for Modification or Reconsideration of the Court's March 25, 2009 Order to Address Plaintiffs' Claims Under Section 20(a) of the Securities Exchange Act of 1934 by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz. (Attachments: #1 Proposed Order) Noting Date 4/8/2009, (Greenstein, Eli) |
Filing 137 MOTION for Extension of Time to File Answer re #121 Amended Complaint by Defendant Victor K Liang. (Attachments: #1 Proposed Order) Noting Date 4/16/2009, (Fisher, Bradley) |
Filing 136 ORDER denying dft #87 Liang's Motion to Dismiss, by Judge Ricardo S Martinez. (cc: I. Press, P. Kulsrud, W. Lerach)(VP) |
Filing 135 ORDER granting dft's Hunsberger and Fuhlendorf's #89 Motion to Dismiss; the Court grants dfts' motion to dismiss the Third Amended Complaint and dismisses with prejudice the claims against these two defendants, by Judge Ricardo S Martinez. Stuart Fuhlendorf and Robert Hunsberger terminated. (VP) |
Filing 134 NOTICE OF FIRM NAME CHANGE ; filed by Plaintiff Desert Orchid Partners LLC. (Herman, Dennis) |
Filing 133 Letter from Ronald L. Berenstain and David Bayless Regarding Identification of Supplemental Authority. (Berenstain, Ronald) |
Filing 132 NOTICE of Change of Address of Attorney Bradley Lloyd Fisher. Filed by Defendant Victor K Liang. (Fisher, Bradley) |
Filing 131 NOTICE of Change of Firm & Address of Pro Hac Counsel ; filed by Defendant Victor K Liang. (Fisher, Bradley) |
Filing 130 Letter from Ronald L. Berenstain re #129 Letter, #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint. (Berenstain, Ronald) |
Filing 129 FILING ERROR; COUNSEL TO RE-FILE. Letter from Ronald L. Berenstain re #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint. (Berenstain, Ronald) Modified on 7/10/2006 (HBR). |
NOTICE of Docket Text Modification re #129 Letter: Incomplete document; counsel will re-file. (HBR) |
Filing 128 Letter from Steve W. Berman re #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint. (Berman, Steve) |
Filing 127 SUPPLEMENTAL REPLY, filed by Defendants Robert Hunsberger, Stuart Fuhlendorf, TO RESPONSE to #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint, #87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws (Berenstain, Ronald) Modified text on 10/24/2005 (RS, ). |
Filing 126 SUPPLEMENTAL REPLY, filed by Defendant Victor K Liang, TO RESPONSE to #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint (Fisher, Bradley) Modified text on 10/24/2005 (RS, ). |
Filing 125 RESPONSE, by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz, to #87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws, #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint. (Attachments: #1 Appendix of Unpublished Authorities#2 Certificate of Service)(Flory, Erin) |
Filing 124 OPENING BRIEF re Motion to Dismiss TAC re #120 Order on Motion to Amend by Defendants Robert Hunsberger, Stuart Fuhlendorf. (Berenstain, Ronald) |
Filing 123 Defendant Victor Liang's Supplemental BRIEF re #87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws in Support of Motion to Dismiss Plaintiffs' Third Amended Complaint by Defendant Victor K Liang. (Fisher, Bradley) |
Filing 122 NOTICE of Change of Address by Dennis J Herman (Herman, Dennis) |
Filing 121 THIRD AMENDED COMPLAINT filed by Desert Orchid Partners LLC, et al(RS, ) |
Filing 120 ORDER granting #114 Motion to file a third amended complaint; the two pending motions to dismiss are renoted to 10/21/05 by Judge James L. Robart for Judge Ricardo Martinez.(RS, ) |
Filing 119 CERTIFICATE OF SERVICE by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz re #117 Reply to Response to Motion, #118 Declaration of Erin K. Flory. (Flory, Erin) |
Filing 118 DECLARATION of Erin K. Flory filed by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz re #114 MOTION to Amend (to file Third Amended Complaint) (Attachments: #1 Exhibit A)(Flory, Erin) |
Filing 117 REPLY, filed by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz, TO RESPONSE to #114 MOTION to Amend (to file Third Amended Complaint) (Flory, Erin) |
Filing 116 RESPONSE, by Defendants Robert Hunsberger, Stuart Fuhlendorf, to #114 MOTION to Amend (to file Third Amended Complaint). (Bringman, Joseph) |
Filing 115 RESPONSE, by Defendant Victor K Liang, to #114 MOTION to Amend (to file Third Amended Complaint). (Attachments: #1 Proposed Order)(Fisher, Bradley) |
Filing 114 MOTION to Amend (to file Third Amended Complaint) by Plaintiffs Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers, Kenneth Jerome Schwartz. Noting Date 8/15/2005. (Attachments: #1 Exhibit A (Third Amended Complaint)#2 Proposed Order #3 Certificate of Service)(Flory, Erin) |
Filing 113 ORDER re Amended ComplaintSigned by Judge Ricardo S. Martinez. (CM ) |
Filing 112 Letter from Steve W. Berman re #110 Letter,, #111 Letter. (Attachments: #1 Exhibit A#2 Exhibit B)(Berman, Steve) |
Filing 111 Letter from Counsel for Liang, David B. Bayless re #87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws. (Attachments: #1 Certificate of Service)(Fisher, Bradley) |
Filing 110 Letter from defendants Robert Hunsberger and Stuart Fuhlendorf re #87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws, #88 Request, #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint. (Berenstain, Ronald) |
Filing 109 Letter from Counsel for Defendants Hunsberger and Fuhlendorf, Ronald L. Berenstain to Judge Martinez. (Berenstain, Ronald) |
Filing 108 Letter from Counsel for Liang, David Bayless to Judge Martinez. (Fisher, Bradley) |
Filing 107 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Douglas W Greene and Barry M Kaplan for Defendants Metawave Communications Corporation, Robert Hunsberger, Stuart Fuhlendorf. (Berenstain, Ronald) |
Filing 106 Letter from Steve W. Berman to Judge Martinez re Supplemental Authority. (Attachments: #1 Exhibit 1)(Berman, Steve) |
Filing 105 MINUTE ENTRY for proceedings held before Judge Ricardo Martinez - Dep Clerk: Laurie Cuaresma; Pla Counsel: Steve Berman, Eli Greenstein; Def Counsel: Doug Greene, Joseph Bringman, Ronald Berenstain, Brad Fisher, David Bayless; CR: Susan Zielie; Time of Hearing: 2:00 PM; Motion Hearing held on 11/8/2004 re #87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws filed by Victor K Liang,, #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Robert Hunsberger, Stuart Fuhlendorf. Court hears argument of counsel regarding Motions to Dismiss; Court will review all written memoranda and rule as soon as possible. Court is in recess. (LC, ) |
Oral Argument on motions to dismiss reset to 11/8/04 at 2:00 PM due to Court's schedule. (LW) |
Reset Hearings: Oral argument re motions to dismiss rescheduled at request of counsel for 11/8/2004 09:30 AM before Hon. Ricardo Martinez. (LC, ) |
Filing 104 Letter from Ronald L. Berenstain to Judge Martinez. (Berenstain, Ronald) |
Filing 103 Letter from David B. Bayless to Judge Martinez. (Fisher, Bradley) |
Filing 102 Letter from Steve Berman re #87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws / Notifying Court of Supplemental Authority. (Attachments: #1)exhibit(Berman, Steve) Modified on 9/21/2004 to name attachment(RS, ). |
MINUTE ENTRY - Set Motion Hearings: #87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws, #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint. Motion Hearing set for 11/3/2004 09:30 AM before Hon. Ricardo Martinez. (LC, ) |
Filing 101 Case reassigned to Judge Ricardo Martinez. All pleadings filed in the future shall bear case number C02-625 RSM. Judge Thomas S. Zilly no longer assigned to the case. (CC, ) |
Filing 100 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Sandra Hanna for Defendant Victor K Liang. (Fisher, Bradley) |
Filing 99 NOTICE of change of firm of attys: Wm Lerach, R. Bandman, D. Herman, E. Greenstein filed by Plaintiffs (CL, ) |
Filing 98 REPLY, filed by Defendants Stuart Fuhlendorf, Robert Hunsberger, to Response to #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint (Attachments: #1 Exhibit pages 33-78#2 Exhibit pages 79-102)(Berenstain, Ronald) |
Filing 97 REPLY, filed by Defendant Victor K Liang, to Response to #87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws (Fisher, Bradley) |
Filing 96 NOTICE of Appearance by attorney Bradley Lloyd Fisher on behalf of Defendant Victor K Liang (Fisher, Bradley) |
Filing 95 APPENDIX re #94 Response to Motion, of All Defendants to Dismiss the Second Amended Complaint by Plaintiffs Desert Orchid Partners LLC, Gerald Myers, Kenneth Jerome Schwartz, Erwin Siegl. (Attachments: #1 Exhibit 1-2#2 Exhibit 3-6#3 Exhibit 7-10#4 Exhibit 11-12#5 Exhibit 13-14#6 Exhibit 15#7 Exhibit 16#8 Exhibit 17-18#9 Exhibit 19-20#10 Certificate of Service (Corrected))(Flory, Erin) |
Filing 94 RESPONSE filed by Plaintiffs Desert Orchid Partners LLC, Gerald Myers, Kenneth Jerome Schwartz, Erwin Siegl re #87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws, #89 MOTION to Dismiss Plaintiffs' Second Amended Complaint (Attachments: #1 Certificate of Service)(Flory, Erin) |
Filing 93 MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly. The Court STRIKES its Order of 3/15/04, which denied dfts' unopposed Joint Mtn for Leave to File Overlength Mtn to Dismiss, Minute Order, docket #92. The Court GRANTS #86 Dfts' MOTION for Leave to File Excess Pages.(CL, ) |
Filing 91 PRAECIPE (CORRECTED) by Defendants Stuart Fuhlendorf, Robert Hunsberger. (Attachments: #1 Proposed Order)(Berenstain, Ronald) |
Filing 92 MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly. The Court DENIES dfts' unopposed #86 Motion for Leave to File Excess Pages .(CL, ) |
Filing 90 PRAECIPE by Defendants Stuart Fuhlendorf, Robert Hunsberger. (Attachments: #1 Proposed Order)(Berenstain, Ronald) |
Filing 89 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Defendants Stuart Fuhlendorf, Robert Hunsberger. Noting Date 4/30/2004.Oral Argument Requested. (Attachments: #1 Proposed Order)(Berenstain, Ronald) |
Filing 88 REQUEST by Defendants Stuart Fuhlendorf, Robert Hunsberger for Judicial Notice (Third Request). (Attachments: #1 Exhibit pages 5-10)(Berenstain, Ronald) |
Filing 87 MOTION to Dismiss Second Amended Consolidated Class Action Complaint for Violation of Federal Securities Laws by Defendant Victor K Liang. Noting Date 4/30/2004.Oral Argument Requested. (Attachments: #1 Exhibit Exhibits A and B to Motion#2 Proposed Order Proposed Order Granting Defendant Victor LIang's Motion to Dismiss Second Amended Consolidated Class Action Complaint#3 Certificate of Service)(Fisher, Bradley) |
Filing 86 Agreed MOTION for Leave to File Excess Pages by Defendants Stuart Fuhlendorf, Robert Hunsberger. Noting Date 3/10/2004. (Attachments: #1 Proposed Order Granting Defendants Leave to File Overlength Motions and Briefs)(Berenstain, Ronald) |
Filing 85 Second AMENDED COMPLAINT FOR VIOLATION OF FEDERAL SECURITIES LAWS against defendant Stuart Fuhlendorf, Robert Hunsberger, Victor K Liang, Metawave Communications Corporation, filed by Desert Orchid Partners LLC, Gerald Myers, Kenneth Jerome Schwartz, Erwin Siegl. (Attachments: #1 Certificate of Service)(Flory, Erin) |
Filing 84 STIPULATION AND ORDER setting schedule for briefing on dfts' mtns to dismiss and allowing filing of overlength briefs by Judge Thomas S. Zilly. (CL, ) |
Filing 83 STIPULATION of parties and [Proposed] Order Setting Schedule for Briefing on Defendants' Motions to Dismiss and Allowing Filing of Overlength Briefs. (Berenstain, Ronald) |
Filing 82 MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly - Dep Clerk: KC; Pla Counsel: Dennis Herman, Steve Berman, Erin Flory; Def Counsel: Ron Berenstain, Douglas Greene, David Bayless; Telephone Conference held on 1/20/2004.The Court dismisses the amended complaint, docket no. 65, without prejudice, with leave to file a second amended complaint within 30 days of the entry of the minutes. The Court strikes the pending motions to dismiss, docket nos. 69 and 70, and strikes the motion to revise schedule, docket no. 80. (CC) |
Filing 81 SURREPLY filed by Plaintiffs Desert Orchid Partners LLC, Gerald Myers, Kenneth Jerome Schwartz, Erwin Siegl re #80 MOTION to coordinate and revise schedule for motions to dismiss (Attachments: #1 Certificate of Service)(Flory, Erin) |
Filing 79 REPLY to Response to Motion filed by Defendants Stuart Fuhlendorf, Robert Hunsberger, Victor K Liang re #70 MOTION to Dismiss re Motion to Coordinate and Revise Schedule for Motion to Dismiss (Berenstain, Ronald) |
Filing 78 RESPONSE by Plaintiffs Desert Orchid Partners LLC, Gerald Myers, Kenneth Jerome Schwartz, Erwin Siegl to Motion to Coordinate and Revise Schedule for Motion to Dismiss. (Attachments: #1 Certificate of Service)(Flory, Erin) |
Filing 80 MOTION to coordinate and revise schedule for mtns to dismiss by Defendants Stuart Fuhlendorf, Robert Hunsberger. Noting Date 1/8/2004. (Attachments: #1 certf. service)(CL, ) |
Filing 77 CERTIFICATE OF SERVICE by Plaintiffs Desert Orchid Partners LLC, Gerald Myers, Kenneth Jerome Schwartz, Erwin Siegl re #75 Response to Motion, #76 Notice-Other. (CL, ) |
Filing 76 NOTICE OF INTENTION to seek leave to amend by Plaintiffs Desert Orchid Partners LLC, Gerald Myers, Kenneth Jerome Schwartz, Erwin Siegl (CL, ) |
Filing 75 MEMORANDUM IN OPPOSITION/RESPONSE filed by Plaintiffs Desert Orchid Partners LLC, Gerald Myers, Kenneth Jerome Schwartz, Erwin Siegl re #70 MOTION to Dismiss (Attachments: #1 #2)(CL, ) |
Filing 74 STIPULATION AND ORDER by Judge Thomas S. Zilly. Dfts' mtns to dismiss #69 #70 are re-noted for 1/23/04. Pltfs' opposition briefs due 12/22/03, dfts' reply due 1/22/04.. (CL, ) |
Filing 73 PRAECIPE to attach corrected cover page to the Court file re #70 MOTION to Dismiss by Defendants Stuart Fuhlendorf, Robert Hunsberger. (Attachments: #1 Corrected cover page)(AF, ) Additional attachment(s) added on 11/3/2003 (AF, ). |
Filing 72 CERTIFICATE OF SERVICE by Defendants Stuart Fuhlendorf, Robert Hunsberger re #70 MOTION to Dismiss, #71 Request. (AF, ) |
Filing 71 SUPPLEMENTAL REQUEST by Defendants Stuart Fuhlendorf, Robert Hunsberger for Judicial Notice of Defendants re #70 MOTION to Dismiss. (AF, ) |
Filing 70 MOTION to Dismiss pltfs' consolidated complaint by Defendants Metawave Communications Corporation, R. Hunsberger and S. Fuhlendorf. Noting Date 1/16/2004. (Attachments: #1 #2 #3 #4 #5 #6 #7 Text of Proposed Order, #(8) Notice of Filing in Paper).Oral Argument Requested.(CL, ) Additional attachment(s) # 7 and #8 added on 10/24/2003 (AF, ). |
Filing 69 MOTION to Dismiss Amended Consolidated Complaint by Defendant Victor K Liang. Noting Date 1/16/2004. Oral Argument Requested.(Fisher, Bradley) |
Filing 68 STIPULATION AND ORDER to file overlength briefs on dft's mtn to dismiss pltf's amended consolidated class action complaint. Signed by Judge Thomas S. Zilly. (CL, ) |
Filing 67 TRANSCRIPT of Proceedings held on 5/29/03 Motion(s) Hearing before Judge Thomas S. Zilly. Court Reporter: C. Castle. (Attachments: #1) Associated Cases: 2:02-cv-00625-TSZ,2:02-cv-00638-TSZ,2:02-cv-00655-TSZ,2:02-cv-00659-TSZ,2:02-cv-00688-TSZ, 2:02-cv-00729-TSZ,2:02-cv-00921-TSZ,2:02-cv-01087-TSZ,2:02-cv-01100-TSZ(SA, ) |
Filing 66 STIPULATION AND ORDER ESTABLISHING BRIEFING SCHEDULE FOR RESPONDING TO PLTF'S AMENDED CONSOLIDATED CLASS ACTION COMPLAINT by Judge Thomas S. Zilly. Dfts shall file and serve their mtns to dismiss on or before 10/16/03. pltfs' response due 12/18/03, dfts' reply due 1/16/04.(CL, ) |
Filing 65 AMENDED CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATION OF FEDERAL SECURITIES LAW against defendants , filed by pltfs (Attachments: #1)(CL, ) |
Filing 64 ORDER by Judge Thomas S. Zilly GRANTING dft Liang's motion to dismiss consolidated complaint for violation of the Federal Securities Laws [37-1], GRANTING dfts Hunsberger and Fuhlendorf's motion to dismiss pltfs' consolidated complaint [34-1]; any amended complaint against these dfts must be filed by 8/15/03 (cc: counsel, Judge) (RS) |
Filing 63 MINUTES - ORAL ARGUMENT: TSZ; Dep Clerk: CC; CR: Caroline Castle; Counsel Present: Berman, Herman, Manning, Berenstain, Greene, Fisher, Bayless; court hears argument on pending motions; court takes the matter under advisement (cc: counsel, Judge) (LS) |
Filing 62 NOTICE of recent development in America West case by plaintiff in 2:02-cv-00625 re motion to dismiss pltfs' consolidated complaint, OA req'd [34-1] and motion to dismiss consolidated complaint for violation of the Federal Securities Laws [37-1] (VK) |
Filing 61 MINUTE ORDER by Judge Thomas S. Zilly SETTING oral argument on pending motion to dismiss consolidated complaint for violation of the Federal Securities Laws [37-1] and motion to dismiss pltfs' consolidated complaint, OA req'd [34-1] at 9:30 6/5/03 (cc: counsel, Judge) (VK) |
Filing 60 RESPONSE by defendant Stuart Fuhlendorf in 2:02-cv-00625, defendant Robert Hunsberger in 2:02-cv-00625 re: Minute Order order [55-1] (CL) |
Filing 59 RESPONSE by defendant Victor K Liang in 2:02-cv-00625 re: Minute Order order [55-1] (CL) |
Filing 58 AFFIDAVIT OF SERVICE by plaintiffs in 2:02-cv-00625 of supplemental [56-1], etc. (CL) |
Filing 57 DECLARATION of Erin K. Flory by plaintiffs in 2:02-cv-00625 re: supplemental [56-1] (CL) |
Filing 56 SUPPLEMENTAL BRIEF re the Impact of the Recent America West Decision on dft's mtns to dismiss by plaintiff (CL) |
Filing 55 MINUTE ORDER by Judge Thomas S. Zilly. The Court hereby directs the parties other than Metawave Comm. to file a supplemental briefing re the effect the Ninth Circuit decision in No. 84 Employee-Teamster Joint Council Pension Trust Fund v. America West Holding Corp, No. 01-16725-2003 WL 328998 has on dfts Hunsberger and Fuhlendorf's mtn to dismiss, docket 34, and dft Liang's mtn to dismiss docket 37. Supplemental briefing shall be due by 4/4/03. RE-NOTED FOR 4/4/03 motion to dismiss consolidated complaint for violation of the Federal Securities Laws [37-1], RE-NOTED FOR 4/4/03 motion to dismiss pltfs' consolidated complaint, OA req'd [34-1] (cc: counsel, Judge) (CL) |
Filing 54 PRAECIPE: by plaintiff to replace pages in 2:02-cv-00625 re: response [53-1] (MD) |
Filing 53 RESPONSE by plaintiffs in 2:02-cv-00625 re: Minute Order show cause order [44-1] (LS) |
Filing 52 RESPONSE by defendant Stuart Fuhlendorf in 2:02-cv-00625, defendant Robert Hunsberger in 2:02-cv-00625 re: Minute Order [44-1] (VK) |
Filing 51 RESPONSE by defendant Victor K Liang in 2:02-cv-00625 re: Minute Order [44-1] (VK) |
Filing 50 PRAECIPE: by defendants in 2:02-cv-00625 re: to attach enclosed cover sheet to motion reply [45-1] (CL) |
Filing 49 REPLY by defendant Victor K Liang in 2:02-cv-00625 TO RESPONSE to motion to dismiss consolidated complaint for violation of the Federal Securities Laws [37-1] (CL) |
Filing 48 APPLICATION by defendant Victor K Liang in 2:02-cv-00625AND ORDER admitting Tammy Albarran pro hac vice. Receipt # 603338 (cc: counsel, Judge) (CL) |
Filing 47 AFFIDAVIT OF SERVICE by defendant Stuart Fuhlendorf in 2:02-cv-00625, defendant Robert Hunsberger in 2:02-cv-00625, defendant Metawave Commun Corp in 2:02-cv-00625 of motion reply [45-1], etc. (dktclk) |
Filing 46 REPLY by defendant Stuart Fuhlendorf in 2:02-cv-00625, defendant Robert Hunsberger in 2:02-cv-00625 to request [35-1] (dktclk) |
Filing 45 REPLY by defendant Stuart Fuhlendorf in 2:02-cv-00625, defendant Robert Hunsberger in 2:02-cv-00625, defendant Metawave Commun Corp in 2:02-cv-00625 TO RESPONSE to motion to dismiss pltfs' consolidated complaint, OA req'd [34-1] (dktclk) |
Filing 44 MINUTE ORDER by Judge Thomas S. Zilly. This matter is STAYED as to dft Metawave Communications Corporation subject to further order of the Court. The parties, other than Metawave Communications Corporation, are directed to show cause within 20 days as to why the Court should not stay or strike w/out prejudice dfts Hunsberger and Fuhlendorf's mtn to dismiss, docket #34, and dft Liang's mtn to dismiss, docket #37. RE-NOTED FOR 3/21/03 motion to dismiss pltfs' consolidated complaint, OA req'd [34-1], RE-NOTED FOR 3/21/03 motion to dismiss consolidated complaint for violation of the Federal Securities Laws [37-1]. The parties are directed to file status reports every 6 mo., or promptly upon the conclusion of the bankruptcy proceedings. The case is not stayed as to all other parties. (cc: counsel, Judge) (CL) |
Filing 43 OVERLENGTH MEMORANDUM by plaintiffs in 2:02-cv-00625 in opposition to motion to dismiss consolidated complaint for violation of the Federal Securities Laws [37-1], to motion to dismiss pltfs' consolidated complaint, OA req'd [34-1] (CL) Modified on 02/05/2003 |
Filing 42 ORDER by Judge Thomas S. Zilly GRANTING pltf's motion for leave to file overlength opposition br [38-1] (cc: counsel, Judge) (CL) |
Filing 41 NOTICE OF BANKRUPTCY by defendant Metawave Commun Corp in 2:02-cv-00625, defendant Robert Hunsberger in 2:02-cv-00625, defendant Stuart Fuhlendorf in 2:02-cv-00625 (CL) |
Filing 40 AFFIDAVIT OF SERVICE by plaintiffs in 2:02-cv-00625 of motion for leave to file overlength opposition br [38-1], etc. (CL) |
Filing 39 RESPONSE by plaintiffs in 2:02-cv-00625 re: request [35-1] (CL) |
Filing 38 MOTION by plaintiff in 2:02-cv-00625 for leave to file overlength opposition br NOTED FOR 1/30/03 (CL) |
PROPOSED OVERLENGTH memorandum in opposition to all dfts mtn to dismiss re: motion for leave to file overlength opposition br [38-1] (CL) |
LODGED ORDER: re: motion for leave to file overlength opposition br [38-1] (CL) |
Filing 37 MOTION by defendant Victor K Liang to dismiss consolidated complaint for violation of the Federal Securities Laws NOTED FOR 2/21/03 (CL) |
Filing 36 AFFIDAVIT OF SERVICE by defendant Metawave Commun Corp in 2:02-cv-00625, defendant Robert Hunsberger in 2:02-cv-00625, defendant Stuart Fuhlendorf in 2:02-cv-00625 of motion to dismiss pltfs' consolidated complaint, OA req'd [34-1], etc. (CL) |
Filing 35 REQUEST by defendant Metawave Commun Corp, defendant Robert Hunsberger, defendant Stuart Fuhlendorf for judicial notice of defts Metawave Communications Corp. Robert H. Hunsberger and Stuart W. Fuhlendorf. (FILED IN EXPANDO) (CL) Modified on 12/17/2002 |
Filing 34 MOTION by defendant Metawave Commun Corp, defendant Robert Hunsberger, defendant Stuart Fuhlendorf to dismiss pltfs' consolidated complaint, OA req'd NOTED FOR 2/21/02 (CL) |
LODGED ORDER: (CL) |
LODGED ORDER: re: motion to dismiss consolidated complaint for violation of the Federal Securities Laws [37-1] (CL) |
Filing 33 ORDER by Judge Thomas S. Zilly GRANTING dfts' motion for leave to file overlength mtn [32-1] (cc: counsel, Judge) (CL) |
Filing 32 MOTION by defendants for leave to file overlength mtn NOTED FOR 12/4/02 (CL) |
LODGED ORDER: re: motion for leave to file overlength mtn [32-1] (CL) |
Filing 31 STIPULATION and ORDER by Judge Thomas S. Zilly (cc: Pursuant to the Stipulation of the parties, it is hereby ORDERED: dfts shall file and serve their answer(s) or other response(s) to the Consolidated Class Action Complaint on or before 12/16/02. If dfts file a mtn (or mtns) to dismiss the Consolidated Class Action Complaint, pltfs response due 1/30/03. Dfts shall file and serve their reply in support of any such mtn on or before 2/20/03, and the mtn shall be noted for 2/21/03. counsel, Judge) (CL) |
LODGED STIPULATION AND PROPOSED ORDER MODIFYING THE BRIEFING SCHEDULE FOR RESPONDING TO THE CONSOLIDATED COMPLAINT (CL) |
Filing 30 PRAECIPE: by plaintiff in 2:02-cv-00625 re: to replace page 21 of complaint [28-1] (CL) |
Filing 29 PRAECIPE: by plaintiffs re: attach corrected complaint to previously filed complaint [28-1] (CL) |
Filing 28 CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATION OF FEDERAL SECURITIES LAWS by pltfs (CL) |
Filing 27 STIPULATION and ORDER ESTABLISHING DEADLINES AND BRIEFING SCHEDULES FOR FILING AND RESPONDING TO PLTFS' CONSOLIDATED CLASS ACTION COMPLAINT by Judge Thomas S. Zilly. Lead pltfs shall file and serve their Consolidated Class Action Complaint on or before 10/15/02, dfts to file response by 1/15/03, reply due 2/7/03. (cc: counsel, Judge) (CL) |
LODGED STIPULATION AND PROPSED ORDER ESTABLISHING DEADLINES AND BRIEFING SCHEDULES FOR FILING AND RESPONDING TO PLTFS' CONSOLIDATED CLASS ACTION COMPLAINT (CL) |
Filing 26 ORDER by Judge Thomas S. Zilly GRANTING pla's motion to appoint Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers and Kenneth Jerome Scwartz as lead plaintiffs and to approve lead pltfs' selection of co-lead counsel [10-1] (cc: counsel, Judge) (LS) |
Filing 25 APPLICATION by plaintiff Desert Orchid Prt in 2:02-cv-00625AND ORDER admitting Pamela E Kulsrud pro hac vice. Receipt # 850149 (cc: counsel, Judge) (LS) |
Filing 24 MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly, US District Judge. The Court orders the consolidation of the following cases: Consolidating case 2:02-cv-625 with member cases 2:02-cv-638, 2:02-cv-655, 2:02-cv-659, 2:02-cv-688, 2:02-cv-729, 2:02-cv-921, 2:02-cv-1087, 2:02-cv-1100. All further filings shall be filed under case number C02-625 and the consolidated action shall be captioned In re Metawave Comm. Corp. (cc: counsel, Judge, CC) (CL) |
Filing 23 NOTICE of change of address by attorney Dennis J. Herman (AF) |
Filing 22 RESPONSE by plaintiff Desert Orchid Prt and its counsel to the Court's Minute Order of 6/21/02 [21-1] (AF) |
Filing 21 MINUTE ORDER by Judge Thomas S. Zilly. It has come to the Court's attention that the Minute Order/docket #17 was not received by each of the pltfs in these related actions.The Court re-issues the Order and directs the parties to show cause w/in 30 dys from the date of this Order why civil cases 02-625,02-638,02-655,02-659,02-688,02-729,02-921 and the recently file cases 02-1087,02-1100 should not be consolidated for all purposes. Absent a timely response to this Order, the Court will so consolidate the above listed actions pursuant to FRCP 42(a) into a Civil Action #02-625. The Court further Orders pltfs' counsels to file within 30 days a concise explanation for why multiple class action lawsuits were filed by the same firms based on the same law and facts. RE-NOTED FOR 8/2/02 Pltf Desert Orchid's motion to appoint Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers and Kenneth Jerome Scwartz as lead plaintiffs and to approve lead pltfs' selection of co-lead counsel [10-1] (cc: counsel, Judge) (CL) Modified on 06/21/2002 |
Filing 20 AFFIDAVIT OF SERVICE by plaintiff reply [18-1] etc (AF) |
Filing 19 DECLARATION of Erin K. Flory by plaintiff in support of reply to motion to preserve documents and consolidate related actions [9-1] (AF) |
Filing 18 REPLY by plaintiff to motion to preserve documents and to consolidate related actions [9-1] (AF) |
Filing 17 MINUTE ORDER: by Judge Thomas S. Zilly parties to show cause why civil cases should not be consolidated; show cause ddl is set for 7/4/02 ; Court ORDERS pltfs' counsels to file w/in 30 days a concise explanation for why multiple class action lawsuits were filed by the same firms based on the same laws and facts; Court STRIKES as moot pltf Desert Orchid's motion to consolidate related actions [9-1]; Court RE-NOTES FOR 7/19/02 pltf Desert Orchid's motion for appointment of lead plaintiff [10-1] (cc: counsel, Judge) (AF) |
Filing 16 AFFIDAVIT OF SERVICE by defendants of motion response [13-1], etc. (CL) |
Filing 15 DECLARATION of Douglas W. Greene by defendants re motion to consolidate related actions and to preserve documents [9-1] (CL) |
Filing 14 DECLARATION of Kathryn Surace-Smith by defendants re motion to consolidate related actions and to preserve documents [9-1] (CL) |
Filing 13 RESPONSE by defendants to motion to consolidate related actions and to preserve documents [9-1] (CL) |
Filing 12 AFFIDAVIT OF SERVICE by plaintiff re motion to consolidate and preserve docs [9-1], motion to appoint lead pltfs and to approve lead pltfs' selection of co-lead counsel [10-1], etc (AF) |
Filing 11 DECLARATION of Steve W Berman by plaintiff re motion to appoint Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers and Kenneth Jerome Scwartz as lead plaintiffs and to approve lead pltfs' selection of co-lead counsel [10-1] (FILED IN EXPANDO) (AF) |
Filing 10 MOTION by plaintiff to appoint Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers and Kenneth Jerome Scwartz as lead plaintiffs and to approve lead pltfs' selection of co-lead counsel NOTED FOR 6/7/02 (AF) |
Filing 9 MOTION by plaintiff to consolidate related actions and to preserve documents NOTED FOR 6/7/02 (AF) |
LODGED ORDER: re: pltf's motion to consolidate related actions and to preserve documents [9-1] (AF) |
LODGED ORDER: re: pltf's motion to appoint Desert Orchid Partners LLC, Erwin Siegl, Gerald Myers and Kenneth Jerome Scwartz as lead plaintiffs and to approve lead pltfs' selection of co-lead counsel [10-1] (AF) |
Filing 8 APPLICATION by plaintiff Desert Orchid Prt AND ORDER admitting Randi D Bandman pro hac vice. Receipt # 850050 (cc: counsel, Judge) (RS) |
Filing 7 APPLICATION by plaintiff Desert Orchid Prt AND ORDER admitting Eli R Greenstein pro hac vice. Receipt # 850051 (cc: counsel, Judge) (RS) |
Filing 6 APPLICATION by plaintiff Desert Orchid Prt AND ORDER admitting Dennis J. Herman pro hac vice. Receipt # 850052 (cc: counsel, Judge) (LS) |
Filing 5 AMENDED ATTORNEY APPEARANCE for defendants by Barry M Kaplan, Ronald L Berenstain, Douglas W Greene, C N Coby Cohen (AF) |
Filing 4 ATTORNEY APPEARANCE for defendant Metawave Commun Corp by Barry M Kaplan, Ronald L Berenstain, Douglas W Greene, C N Coby Cohen (LS) |
Filing 3 PRAECIPE: by plaintiff Desert Orchid Prt re: issue 2 summons. Sms issued. (CL) |
Filing 2 ORDER RE: INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due 5/14/02 (cc: counsel, Judge) (LS) |
Filing 1 COMPLAINT (Summons(es) issued) Receipt # 305444 (PM) |
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