Himmel v. Bucyrus International Inc et al
| Daniel Himmel |
| Robert K Ortberg, Theodore C Rogers, Michelle L Collins, Deepak T Kapur, Paul W Jones, Robert C Scharp, Robert L Purdum, Gene E Little, Bucyrus International Inc, Timothy W Sullivan, Caterpillar Inc, Badger Merger Sub Inc and Craig R Mackus |
| Edmund J Impens, Evelyn Greenberg, City of Sterling Heights Police & Fire Retirement System and Thomas Turberg |
| 2:2010cv01104 |
| December 8, 2010 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| Milwaukee |
| Charles N Clevert |
| Stockholders Suits |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2014. A more recent docket listing may be available from PACER.
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| Filing 76 JUDGMENT signed by Deputy Clerk and approved by Judge Charles N Clevert, Jr on 4/11/14. (cc: all counsel)(nts) |
Filing 75
ORDER signed by Judge Charles N Clevert, Jr on 4/11/2014, Regarding #66 Motion to Dismiss the second amended complaint and DISMISSING CASE. (cc: all counsel)(nts)
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Filing 74
ORDER Granting Motion to Dismiss the Second Amended Complaint #66 signed by Judge Charles N Clevert, Jr on 3/28/14. Written decision shall issue forthwith. (cc: all counsel) ((cef), C. N. Clevert, Jr.)
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| Filing 73 NOTICE by City of Sterling Heights Police & Fire Retirement System, Evelyn Greenberg, Daniel Himmel, Edmund J Impens Notice of Firm Name Change (Wissbroecker, David) |
| Filing 72 REPLY BRIEF in Support filed by All Defendants re #66 MOTION to Dismiss Second Amended Complaint . (Attachments: #1 Appendix of Unpublished Authorities, #2 Certificate of Service)(Pollack, Howard) |
| Filing 71 BRIEF in Opposition filed by City of Sterling Heights Police & Fire Retirement System re #66 MOTION to Dismiss Second Amended Complaint . (Wissbroecker, David) |
| Filing 70 CERTIFICATE OF SERVICE by All Defendants (Perkins, Elizabeth) |
| Filing 69 AMENDED DOCUMENT by All Defendants. Corrected Appendix of Unpublished Authorities to Brief in Support of Motion to Dismiss Second Amended Complaint #67 (Perkins, Elizabeth) |
| Filing 68 AMENDED DOCUMENT by All Defendants. Corrected Exhibit A - Definitive Proxy to Brief in Support of Motion to Dismiss Second Amended Complaint #67 (Perkins, Elizabeth) |
| Filing 67 BRIEF in Support filed by All Defendants re #66 MOTION to Dismiss Second Amended Complaint . (Attachments: #1 Exhibit Definitive Proxy, #2 Exhibit Cert of Incorp, #3 Exhibit Transcript of PI decision, #4 Appendix Unpublished Authorities)(Perkins, Elizabeth) |
| Filing 66 MOTION to Dismiss Second Amended Complaint by All Defendants. (Perkins, Elizabeth) |
| Filing 65 CERTIFICATE OF SERVICE by Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan (Conley, Daniel) |
| Filing 64 NOTICE of Appearance by Daniel E Conley on behalf of Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan. Attorney(s) appearing: Daniel E. Conley (Conley, Daniel) |
| Filing 63 AMENDED COMPLAINT Second Amended Complaint for Breach of Fiduciary Duties and Violations of sec. 14(a) and 20(a) of the Securities Exchange Act of 1934 with Jury Demand against Badger Merger Sub Inc, Bucyrus International Inc, Caterpillar Inc, Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan filed by City of Sterling Heights Police & Fire Retirement System.(Wissbroecker, David) |
| Filing 62 MINUTE ORDER: Scheduling/Status Conference held on 11/8/11. Court appoints City of Sterling Heights Police & Fire Retirement System as lead plaintiff (granting docket #59 ) and Robbins Geller Rudman & Dowd as lead counsel for plaintiffs. Plaintiffs are granted 20 days to file an amended complaint. Defendants are granted 45 days to respond to the complaint. If a motion to dismiss is filed, plaintiffs will have 45 days to respond and defendants will have 30 days to reply. (Tape #9:09-9:18) ((cef), C. N. Clevert, Jr.) - [Modified Appearances for Defendant from Badger Meter to Badger Merger] Modified text on 11/8/2011 (kah). |
| Filing 61 NOTICE by Edmund J Impens Daniel Himmel Impens of Non-Opposition to Motion to Consolidate (Elliott, Robert) Modified filer on 11/4/2011 (kah). |
| Filing 60 LETTER from Stephen J. Oddo to the Honorable Charles N. Clevert Jr. Regarding Appointment of Lead Plaintiff and Counsel. (Oddo, Stephen) |
| NOTICE of Hearing on Motion #59 MOTION to Appoint Lead Plaintiff: Motion Hearing set for 11/8/2011 09:00 AM in Courtroom 222, 517 E. Wisconsin Ave., Milwaukee, WI 53202 before Chief Judge Charles N Clevert Jr. (cc: all counsel)(kah) |
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Filing 58
ORDER Dismissing Two Cases and Continuing Consolidation in Case No. 10-C-1104. Case Nos. 10-C-1103 and 10-C-1105 are severed from consolidation and dismissed. Case Nos. 10-C-1104, 10-C-1106 and 10-C-1179 remain consolidated in Case No. 10-C-1104. Parties shall file all documents in Case No. 10-C-1104. (cc: all counsel)((cef), C. N. Clevert, Jr.)
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Filing 57
ORDER signed by Chief Judge Charles N Clevert, Jr on 9/23/11 denying #14 Motion to Appoint Counsel ; denying as duplicative #24 Motion to Appoint Counsel ; granting #32 Motion to Consolidate Cases; denying without prejudice #35 Motion to Dismiss; denying without prejudice #36 Motion to Dismiss; IT IS FURTHER ORDERED that all further filings shall be docketed in Case No. 10-C-1103. (cc: all counsel) (kah)
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Filing 56
ORDER Denying as Moot Defendant Caterpillar, Inc.'s Civil L.R. 7(H) Expedited Non-Dispositive Motion to Consolidate Actions #12 . (cc: all counsel) ((cef), C. N. Clevert, Jr.)
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Filing 55
ORDER Denying Plaintiff's Motion to Remand to State Court #18 . (cc: all counsel) ((cef), C. N. Clevert, Jr.)
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| Filing 54 RESPONSE to Motion filed by Badger Merger Sub Inc, Caterpillar Inc re #18 MOTION to Remand to State Court (and in Further Opposition to Plaintiff's Motion to Remand). (Pollack, Howard) |
| Filing 53 REPLY BRIEF in Support filed by Badger Merger Sub Inc, Caterpillar Inc re #36 MOTION to Dismiss Plaintiff Himmel's Complaint. (Attachments: #1 Exhibit 1)(Pollack, Howard) |
| Filing 52 CERTIFICATE OF SERVICE by Bucyrus International Inc, Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan (Hernandez, Cristina) |
| Filing 51 REPLY BRIEF in Support filed by Bucyrus International Inc, Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan re #35 MOTION to Dismiss Plaintiff Himmel's Complaint for Failure to State a Claim. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Supplement Unreported Cases)(Hernandez, Cristina) |
| Filing 59 MOTION to Appoint Counsel by City of Sterling Heights Police & Fire Retirement System (originally filed as Doc 67 in former Leadcase 10-cv-1103). (kah) |
| Filing 50 NOTICE by Daniel Himmel Plaintiff's Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Oddo, Stephen) |
| Filing 49 DECLARATION of Stephen J. Oddo in Support of Plaintiff's Reply in Support of Motion to Remand Action to State Court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Oddo, Stephen) |
| Filing 48 REPLY BRIEF in Support filed by Daniel Himmel re #18 MOTION to Remand to State Court. (Oddo, Stephen) |
| Filing 47 BRIEF in Opposition filed by Daniel Himmel re #36 MOTION to Dismiss Plaintiff Himmel's Complaint by Caterpillar Inc. and Badger Merger Sub, Inc.. (Oddo, Stephen) |
| Filing 46 BRIEF in Opposition filed by Daniel Himmel re #35 MOTION to Dismiss Plaintiff Himmel's Complaint for Failure to State a Claim by the Bucyrus Defendants. (Oddo, Stephen) |
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Filing 45
ORDER Extending Deadlines for Reply in Support of Motion to Remand Action to State Court and Oppositions to Motions to Dismiss. (cc: all counsel)((cef), C. N. Clevert, Jr.)
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| Filing 41 STIPULATION Extending Deadlines for Reply in Support of Motion to Remand Action to State Court and Oppositions to Motions to Dismiss by Daniel Himmel. (Attachments: #1 Text of Proposed Order Proposed Order)(Oddo, Stephen) |
| Filing 44 MINUTES. Court convened on 1/19/11. Plaintiff's Motion for Preliminary Injunction is Denied. #47 An order shall be issued forthwith. (Court Reporter Heidi Trapp) ((kwb), C. N. Clevert, Jr.) |
| NOTICE to Parties in this Case and to Parties in Related Cases 10-C-1103, 10-C-1104, 10-C-1105 and 10-C-1179: Court will convene at 3:00 PM on 1/19/11 in Courtroom 222 to render an Oral Decision on Plaintiff's Motion for Preliminary Injunction. ((kwb), C. N. Clevert, Jr.) |
| Filing 43 MINUTE ORDER. Court hears oral argument on 1/18/11 as to Plaintiff's Motion for Preliminary Injunction and takes the matter under advisement. Counsel is to advise by 4:00 PM today on whether plaintiff(s) are able to post bond of at least $1,000,000.00. Plaintiff's Exhibits 1-12 (various proxy statements) are received into evidence. See separate filing. (Court Reporter Heidi Trapp) ((kwb), C. N. Clevert, Jr.) |
| Filing 42 MINUTE ORDER. Telephonic Scheduling Conference held on 1/12/11. Oral Argument on Plaintiff's Motion for Preliminary Injunction is set for 1/18/11 at 10:00 AM in Courtroom 222. See Minutes for additional information. (Court Reporter Sheryl Stawski) ((kwb), C. N. Clevert, Jr.) |
| NOTICE to Parties in this Case and to Parties in Related Cases 10-C-1103, 10-C-1104, 10-C-1105 and 10-C-1179: Telephonic Status Conference re Plaintiff's Motion for Preliminary Injunction is set for 1/12/11 at 2:00 PM. Atty Condon to initiate conference call. ((kwb), C. N. Clevert, Jr.) |
| Filing 40 BRIEF in Opposition filed by Badger Merger Sub Inc, Caterpillar Inc re #18 MOTION to Remand to State Court. (Pollack, Howard) |
| Filing 39 CERTIFICATE OF SERVICE by Bucyrus International Inc, Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan re: Docket Nos. 35 and 38 (Hernandez, Cristina) |
| Filing 38 BRIEF in Support filed by Bucyrus International Inc, Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan re #35 MOTION to Dismiss Plaintiff Himmel's Complaint for Failure to State a Claim. (Attachments: #1 Exhibit A, #2 Unpublished Cases)(Hernandez, Cristina) |
| Filing 37 BRIEF in Support filed by Badger Merger Sub Inc, Caterpillar Inc re #36 MOTION to Dismiss Plaintiff Himmel's Complaint. (Pollack, Howard) |
| Filing 36 MOTION to Dismiss Plaintiff Himmel's Complaint by Badger Merger Sub Inc, Caterpillar Inc. (Pollack, Howard) |
| Filing 35 MOTION to Dismiss Plaintiff Himmel's Complaint for Failure to State a Claim by Bucyrus International Inc, Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan. (Hernandez, Cristina) |
| Filing 34 CERTIFICATE OF SERVICE by Evelyn Greenberg, Thomas Turberg re Doc No. 33 (Syrios, David) |
| Filing 33 RESPONSE to Motion filed by Evelyn Greenberg, Thomas Turberg re #32 MOTION to Consolidate Cases With the Four Actions Subject to Its Previous Consolidation Motion. (Syrios, David) |
| Filing 32 MOTION to Consolidate Cases With the Four Actions Subject to Its Previous Consolidation Motion by Badger Merger Sub Inc, Caterpillar Inc. (Pollack, Howard) |
| Filing 31 CERTIFICATE OF SERVICE by City of Sterling Heights Police & Fire Retirement System [re Doc No. 30] (Wagner, K) |
| Filing 30 RESPONSE to Motion filed by City of Sterling Heights Police & Fire Retirement System re #14 Rule 7(h) Expedited Non-Dispositive MOTION to Appoint Counsel , Both Lead and Liaison, for the Class Plaintiff City of Sterling Heights Police & Fire Retirement System's Response to Plaintiffs Greenberg's and Turberg's Civil L.R. 7(h) Expedited Non-Dispositive Motion to Appoint Lead and Liaison Counsel. (Attachments: #1 Exhibit Unpublised Case)(Wagner, K) |
| Filing 29 CERTIFICATE OF SERVICE by Bucyrus International Inc, Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan (Hernandez, Cristina) |
| Filing 28 RESPONSE to Motion filed by Bucyrus International Inc, Michelle L Collins, Daniel Himmel, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan re #12 MOTION to Consolidate Cases (Civil L.R. 7(h) Expedited Non-Dispositive). (Hernandez, Cristina) |
| Filing 27 CERTIFICATE OF SERVICE by City of Sterling Heights Police & Fire Retirement System [re Doc Nos. 24-26] (Wagner, K) |
| Filing 26 DECLARATION of K. Scott Wagner in Support of Plaintiff City of Sterling Heights Police & Fire Retirement System's Motion for the Appointment of Lead Plaintiff and Lead Plaintiff's Counsel. (Attachments: #1 Exhibit A - Kinder Morgan, #2 Exhibit B - ACS Shareholders, #3 Exhibit C - TD Banknorth, #4 Exhibit D - Chapparal Resources, #5 Exhibit E - Dollar General, #6 Exhibit F - Prime Hospitality, #7 Exhibit G - UnitedGlobalCom, #8 Exhibit H - eMachines Inc. Merger, #9 Exhibit I - PETCO Animal Supplies, #10 Exhibit J - Fisch v. SSA Global, #11 Exhibit K - Pang v. Dwight, #12 Exhibit L - Robbins Geller firm resume, #13 Exhibit M - Prime Hospitality excerpts, #14 Exhibit N - TD Banknorth excerpts, #15 Exhibit O - Hale & Wagner firm resume)(Wagner, K) |
| Filing 25 BRIEF in Support filed by City of Sterling Heights Police & Fire Retirement System re #24 MOTION to Appoint Counsel. (Attachments: #1 Exhibit Unpublished Cases)(Wagner, K) |
| Filing 24 MOTION to Appoint Counsel by City of Sterling Heights Police & Fire Retirement System. (Attachments: #1 Text of Proposed Order Granting Plaintiff City of Sterling Heights Police & Fire Retirement System's Motion for the Appointment of Lead Plaintiff and Lead Plaintiff's Counsel)(Wagner, K) |
| Filing 23 REFILED - SEE DOCKET #24 MOTION to Appoint Counsel by Daniel Himmel. (Attachments: #1 Text of Proposed Order Granting Plaintiff City of Sterling Heights Police & Fire Retirement System's Motion for the Appointment of Lead Plaintiff and Lead Plaintiff's Counsel)(Wagner, K) Modified on 12/23/2010 per phone call with K. Wagner's office. (mlm). |
| Filing 22 CERTIFICATE OF SERVICE by Daniel Himmel [re Doc No. 21] (Wagner, K) |
| Filing 21 RESPONSE to Motion filed by Daniel Himmel re #12 MOTION to Consolidate Cases (Civil L.R. 7(h) Expedited Non-Dispositive). (Wagner, K) |
| Filing 20 CERTIFICATE OF SERVICE by Daniel Himmel (Cabaniss, John) |
| Filing 19 BRIEF in Support filed by Daniel Himmel re #18 MOTION to Remand to State Court. (Attachments: #1 Exhibit)(Cabaniss, John) |
| Filing 18 MOTION to Remand to State Court by Daniel Himmel. (Cabaniss, John) |
| Filing 17 DISCLOSURE Statement by Daniel Himmel. (Cabaniss, John) |
| Filing 16 RESPONSE to Motion filed by Evelyn Greenberg, Thomas Turberg re #12 MOTION to Consolidate Cases (Civil L.R. 7(h) Expedited Non-Dispositive). (Syrios, David) |
| Filing 15 AFFIDAVIT of Corey Mather in Support of Plaintiffs Evelyn Greenberg and Thomas Turberg's Civil L.R. 7(h) Expedited Non-Dispositive Motion to Appoint Counsel, Both Lead and Liaison, for the Class. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Syrios, David) |
| Filing 14 Rule 7(h) Expedited Non-Dispositive MOTION to Appoint Counsel , Both Lead and Liaison, for the Class by Evelyn Greenberg, Thomas Turberg. (Attachments: #1 Text of Proposed Order)(Syrios, David) |
| Filing 13 CERTIFICATE OF SERVICE by Badger Merger Sub Inc, Caterpillar Inc (Pollack, Howard) |
| Filing 12 MOTION to Consolidate Cases (Civil L.R. 7(h) Expedited Non-Dispositive) by Badger Merger Sub Inc, Caterpillar Inc. (Pollack, Howard) |
| Filing 11 CERTIFICATE OF SERVICE by Bucyrus International Inc, Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan Docket No. 10 (Hernandez, Cristina) |
| Filing 10 STIPULATION to Extend Time to Answer or Otherwise Respond to Plaintiff's Complaint by Bucyrus International Inc, Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan. (Attachments: #1 Text of Proposed Order)(Hernandez, Cristina) |
| Case reassigned to Chief Judge Charles N Clevert, Jr. Magistrate Judge William E Callahan, Jr no longer assigned to the case due to non consent. (cms) |
| Filing 9 CERTIFICATE OF SERVICE by Daniel Himmel [re: Doc No. 8] (Wagner, K) |
| Filing 8 Refusal to Jurisdiction by US Magistrate Judge by Daniel Himmel. (Wagner, K) |
| Filing 7 CERTIFICATE OF SERVICE by Badger Merger Sub Inc, Caterpillar Inc (And Filing of Notice of Removal) (Attachments: #1 Exhibit Notice of Filing of Notice of Removal)(Pollack, Howard) |
| Filing 6 CERTIFICATE OF SERVICE by Bucyrus International Inc., Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan re: Docket Nos. 3, 4, and 5 (Hernandez, Cristina) |
| Filing 5 DISCLOSURE Statement by Bucyrus International Inc.. (Hernandez, Cristina) |
| Filing 4 NOTICE of Appearance by Cristina D Hernandez on behalf of Craig R Mackus. Attorney(s) appearing: Cristina D. Hernandez, Elizabeth C. Perkins, and Natalie G. Maciolek (Hernandez, Cristina) |
| Case Opening Modification(s); The following modification(s) have been made to your case entry: The county code has been modified - please remember to choose the county for the first named plaintiff. ; Please refer to the # attorney case opening instructions, the # summons instructions and the # party name guidelines for further guidance (cms) |
| Filing 3 NOTICE of Appearance by Cristina D Hernandez on behalf of Bucyrus International Inc., Michelle L Collins, Paul W Jones, Deepak T Kapur, Gene E Little, Craig R Mackus, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Robert C Scharp, Timothy W Sullivan. Attorney(s) appearing: Cristina D. Hernandez, Elizabeth C. Perkins, and Natalie G. Maciolek (Hernandez, Cristina) |
| Filing 2 DISCLOSURE Statement by Badger Merger Sub Inc, Caterpillar Inc. (Pollack, Howard) |
| Filing 1 NOTICE OF REMOVAL by Badger Merger Sub Inc, Caterpillar Inc from Milwaukee County Circuit Court, Case Number: 10cv019653 with attached state court documents. (Filing Fee PAID $350 receipt number 0757-1219243) (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Pollack, Howard) |
| NOTICE Regarding assignment of this matter to Magistrate Judge William E Callahan, Jr ;Consent/refusal forms for Magistrate Judge Callahan to be filed within 21 days;the consent/refusal form is available on our web site. (blr) |
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