Turberg v. Bucyrus International Inc et al
| Thomas Turberg |
| Robert K Ortberg, Caterpillar Inc, Michelle L Collins, Deepak T Kapur, Robert C Scharp, Robert L Purdum, Theodore C Rogers, Gene E Little, Bucyrus International Inc, Timothy W Sullivan, Badger Merger Sub Inc and Paul W Jones |
| 2:2010cv01105 |
| 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 October 31, 2011. A more recent docket listing may be available from PACER.
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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 #19 Motion to Appoint Counsel ; denying without prejudice #27 Motion to Dismiss; denying without prejudice #30 Motion to Dismiss; granting #32 Motion to Consolidate Cases; 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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| TEXT ONLY ORDER: Plaintiff's unopposed motion to extend time #51 is granted. (cc: all counsel)((cef), C. N. Clevert, Jr.) |
| Filing 55 CERTIFICATE OF SERVICE by Bucyrus International 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 Doc# 54 (Hernandez, Cristina) |
| Filing 54 REPLY BRIEF in Support filed by Bucyrus International 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 re #27 MOTION to Dismiss Amended Complaint. (Attachments: #1 Unpublished cases)(Hernandez, Cristina) |
| Filing 53 REPLY BRIEF in Support filed by Badger Merger Sub Inc, Caterpillar Inc re #30 MOTION to Dismiss Plaintiff Turberg's Amended Complaint. (Attachments: #1 Exhibit Order (Dixon v. Ladish))(Kirtley, John) |
| Filing 52 BRIEF in Opposition filed by All Plaintiffs re #27 MOTION to Dismiss Amended Complaint, #30 MOTION to Dismiss Plaintiff Turberg's Amended Complaint. (Attachments: #1 Unpublished Opinions)(Mather, Corey) |
| Filing 51 Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time (Unopposed) for Plaintiff to Respond to Defendants' Motions to Dismiss the Amended Complaint by Thomas Turberg. (Attachments: #1 Text of Proposed Order)(Mather, Corey) |
| Filing 47 STIPULATION to Extend Plaintiff's Time to Respond to Defendants' Motions to Dismiss Plaintiff's Amended Complaint by Thomas Turberg. (Attachments: #1 Text of Proposed Order)(Mather, Corey) |
| Filing 50 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.) |
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Filing 46
ORDER Denying Plaintiff's Motion for Preliminary Injunction #35 . (cc: all counsel) ((cef), C. N. Clevert, Jr.)
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| Filing 45 CERTIFICATE OF SERVICE by Bucyrus International 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 Doc.# 44 (Hernandez, Cristina) |
| Filing 44 LETTER from Cristina D. Hernandez re: Motion for Preliminary Injunction. (Hernandez, Cristina) |
| 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 49 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 43 STATEMENT by All Plaintiffs Regarding Posting of a Bond and Share Ownership in Bucyrus International, Inc. Common Stock. (Attachments: #1 Certificate of Service)(Syrios, David) |
| Filing 42 CERTIFICATE OF SERVICE by Bucyrus International 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 Doc. #40 (Hernandez, Cristina) |
| NOTICE of Electronic Filing Error re #40 Brief in Opposition to Motion filed by Robert C Scharp, Gene E Little, Timothy W Sullivan, Michelle L Collins, Robert K Ortberg, Robert L Purdum, Theodore C Rogers, Paul W Jones, Bucyrus International Inc, Deepak T Kapur, and #39 Proposed Document filed by Thomas Turberg ; Certain attachments to doc #40 should have been filed as separate entries. Also, Proposed Orders should be e-filed as an attachment to the stipulation or motion and NOT e-filed as a separate document. Please ensure that the proposed order has been emailed to the proposed email box for the assigned judge in Word or WordPerfect format. These documents do not need to be re-filed; Please refer to the user manuals on electronic case filing found at www.wied.uscourts.gov (kah) |
| Filing 41 BRIEF in Opposition filed by Badger Merger Sub Inc, Caterpillar Inc re #35 MOTION for Preliminary Injunction. (Kirtley, John) |
| Filing 40 BRIEF in Opposition filed by Bucyrus International 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 re #35 MOTION for Preliminary Injunction. (Attachments: #1 Affidavit Second Declaration of Cristina Hernandez in Opposition to Preliminary Injunction, #2 Affidavit Second Declaration of Amy Malingowski in Opposition to Preliminary Injunction, #3 Appendix Unpublished Cases Part I, #4 Appendix Unpublished Cases Part II)(Hernandez, Cristina) |
| Filing 39 PROPOSED Order Granting Plaintiffs Greenberg and Turberg's Motion for a Preliminary Injunction filed by All Plaintiffs. (Mather, Corey) |
| Filing 38 CERTIFICATE OF SERVICE by All Plaintiffs (Mather, Corey) |
| Filing 37 AFFIDAVIT of Corey Mather Submitted with Plaintffs Greenberg and Turberg's Motion for a Preliminary Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mather, Corey) |
| Filing 36 BRIEF in Support filed by All Plaintiffs re #35 MOTION for Preliminary Injunction. (Mather, Corey) |
| Filing 35 MOTION for Preliminary Injunction by All Plaintiffs. (Mather, Corey) |
| Filing 48 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 34 CERTIFICATE OF SERVICE by Thomas Turberg re Doc No. 33 (Syrios, David) |
| Filing 33 RESPONSE to Motion filed by 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 BRIEF in Support filed by Badger Merger Sub Inc, Caterpillar Inc re #30 MOTION to Dismiss Plaintiff Turberg's Amended Complaint. (Pollack, Howard) |
| Filing 30 MOTION to Dismiss Plaintiff Turberg's Amended Complaint by Badger Merger Sub Inc, Caterpillar Inc. (Pollack, Howard) |
| Filing 29 CERTIFICATE OF SERVICE by Bucyrus International 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 re: Docket Nos. 27 and 28 (Hernandez, Cristina) |
| Filing 28 BRIEF in Support filed by Bucyrus International 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 re #27 MOTION to Dismiss Amended Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Unpublished Decisions)(Hernandez, Cristina) |
| Filing 27 MOTION to Dismiss Amended Complaint by Bucyrus International 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. (Hernandez, Cristina) |
| Filing 26 CERTIFICATE OF SERVICE by City of Sterling Heights Police & Fire Retirement System [re Doc No. 25] (Wagner, K) |
| Filing 25 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 Unpublished Case)(Wagner, K) |
| Filing 24 CERTIFICATE OF SERVICE by Bucyrus International 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 (Hernandez, Cristina) |
| Filing 23 REPLY BRIEF in Support filed by Bucyrus International 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 re #12 MOTION to Consolidate Cases (Civil L.R. 7(h) Expedited Non-Dispositive). (Hernandez, Cristina) |
| Filing 22 CERTIFICATE OF SERVICE by City of Sterling Heights Police & Fire Retirement System [re Doc Nos. 19-21] (Wagner, K) |
| Filing 21 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 Shareholder, #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., #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 20 BRIEF in Support filed by City of Sterling Heights Police & Fire Retirement System re #19 MOTION to Appoint Counsel for Appointment of Lead Plaintiff and Lead Plaintiff's Counsel. (Attachments: #1 Exhibit Unpublished Cases)(Wagner, K) |
| Filing 19 MOTION to Appoint Counsel for Appointment of Lead Plaintiff and Lead Plaintiff's 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 18 CERTIFICATE OF SERVICE by City of Sterling Heights Police & Fire Retirement System [re Doc No. 17] (Wagner, K) |
| Filing 17 RESPONSE to Motion filed by City of Sterling Heights Police & Fire Retirement System re #12 MOTION to Consolidate Cases (Civil L.R. 7(h) Expedited Non-Dispositive). (Wagner, K) |
| Filing 16 RESPONSE to Motion filed by 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 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, 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, 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 Bucyrus International Inc re: Docket No. 8 (Hernandez, Cristina) |
| Filing 8 Refusal to Jurisdiction by US Magistrate Judge by Bucyrus International Inc. (Hernandez, Cristina) |
| Filing 7 AMENDED COMPLAINT AMENDED CLASS ACTION COMPLAINT FOR BREACH OF FIDUCIARY DUTY AND INDIVIUDAL CLAIMS FOR VIOLATION OF SECTIONS 14(a) and (e) AND 20(a) OF THE SECURITIES EXCHANGE ACT OF 1934 with Jury Demand against All Defendants filed by Thomas Turberg.(Ademi, Shpetim) |
| Filing 6 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 5 CERTIFICATE OF SERVICE by Bucyrus International 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 re: Docket Nos. 3 and 4 (Hernandez, Cristina) |
| Filing 4 DISCLOSURE Statement by Bucyrus International Inc. (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, 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 Caterpillar Inc, Badger Merger Sub Inc from Milwaukee County Circuit Court, Case Number: 10CV19723 with attached state court documents. (Filing Fee PAID $350 receipt number 0757-1219299) (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 ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl) |
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