U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:00-cv VVP

Transcription

1 US District Court Civil Docket as of 06/03/2004 Retrieved from the court on Tuesday, August 02, 2005 U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:00-cv VVP Gelbard, et al v. Fidelity Holdings, et al Assigned to: Magistrate Viktor V. Pohorelsky Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 08/23/2000 Jury Demand: None Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question In Re In Re Fidelity Holdings, Inc. Securities Litigation Plaintiff Bernard L. Gelbard on behalf of himself and all others similarly situated represented by Chase Caro Caro & Associates, P.C. 399 Knollwood Road Suite 216 White Plains, NY Fax: Howard Theodore Longman Stull, Stull, Brody 6 East 46th Street New York, NY Stanley David Bernstein Bernstein, Liebhard & Lifshitz, LLP 10 East 40th Street 22nd Floor New York, NY (212) Fax: (212) bernstein@bernlieb.com

2 V. Defendant Fidelity Holdings, Inc. represented by Samuel Kadet Skadden, Arps, Slate, Meagher & Flom LLP Four Times Square New York, NY (212) Fax: (917) Defendant Doron Cohen represented by Robert Rimberg Rimberg & Associates, P.C rd Ave. New York, NY Fax: Defendant Richard L. Feinstein represented by Samuel Kadet (See above for address) Stanley David Bernstein (See above for address) Defendant Bruce Bendell represented by Samuel Kadet (See above for address) Stanley David Bernstein (See above for address)

3 Date Filed # Docket Text 08/23/ COMPLAINT FOR VIOLATION OF THE SECURITIES EXCHANGE ACT OF 1934 filed and summons(es) issued for Fidelity Holdings, Doron Cohen, Richard L. Feinstein, Bruce Bendell FILING FEE $ RECEIPT # (Chow, Alice) Modified on 08/24/2000 (Entered: 08/24/2000) 10/02/ STIPULATION and ORDER, extending time to 10/25/00 for the Fidelity Defts. to answer, move or otherwise respond to the complaint. Signed by Senior Judge Charles P. Sifton, on 9/22/00. c/m (Permaul, Jenny) (Entered: 10/02/2000) 10/10/ LETTER dated 10/10/00 from Howard T. Longman to Robert Heinemann, Clerk of the Court enclosing for filing notice of motion for appointment of lead pliantiffs and lead counsel; received documents 3/21/02 in docketing. (Guzzi, Roseann) (Entered: 03/21/2002) 10/10/ MOTION by plaintiffs, Arthur Picon, Sandra Picon, Scott Picon, Drew Picon, Chaim Babed, Olympia Mechanical Piping & Heating, David Spira and Binyamin Spira together with additional movants to be appointed lead plaintiffs and approve selection of counsel, Stull, Stull & Brody and Bernstein Liebhard & Lifshitz, a colead counsel. Motion hearing Motion file stamped: 10/10/00. Also applies to , , , , , , , , and (Guzzi, Roseann) (Entered: 03/21/2002) 10/10/ MEMORANDUM by Bernard L. Gelbard in support of plaintiffs' [35-1] motion to be appointed lead plaintiffs and approve of counsel, Stull, Stull & Brody and Bernstein Liebhard & Lifshitz, a co-lead counsel. (Guzzi, Roseann) (Entered: 03/21/2002) 10/10/ AFFIDAVIT of Howard T. Longman, Re: in support of plaintiffs' [35-1] motion to be appointed lead plaintiffs and approve selection of counsel, Stull, Stull & Brody and Bernstein Liebhard & Lifshitz, a co-lead counsel. (Guzzi, Roseann) (Entered: 03/21/2002) 10/16/ ORDER directing the parties to show cause on 11/6/00 why an order should not be entered consolidating this case with cases indicated in the caption of this document. Immediately following argument on the order to show cause, the parties should be prepared to appear before Mag. Pohorelsky for a status conference to consider a schedule for class certification, selection, if appropriate of lead counsel and other related issues which the parties may propose, in writing and on notice to all parties. Original of any such prposal shall be filed with the Court on or before 11/1/00, with courtesy copy to Mag. Pohorelsky. Signed by Judge Sifton on 10/11/00. c/m by chambers. (Permaul, Jenny) (Entered: 10/16/2000) 10/27/ MEMORANDUM by Fidelity Holdings, Richard L. Feinstein, Bruce Bendell in opposition to Picon Plaintiffs' motion for appointment as lead plaintiffs and for approval of selection of co -lead counsel. (Permaul, Jenny) (Entered: 11/08/2000)

4 10/27/ Declaration of William A. McBride in support of the Fidelity Defendants' response to the Picon Plaintiffs' motion for appointment as lead plaintiff and for approval of selection of lead counsel. (Permaul, Jenny) (Entered: 11/08/2000) 11/03/ REPLY MEMORANDUM OF LAW by Bernard L. Gelbard in further support of plaintiffs' [35-1] motion to be appointed lead plaintiffs and approve selection of counsel, Stull, Stull & Brody and Bernstein Liebhard & Lifshitz, a co-lead counsel. (Guzzi, Roseann) (Entered: 03/21/2002) 11/06/ Calendar entry: Before Sifton, J-Case called for order to show cause. Counsel present. With the consent of all parties, the following cases are consolidated for the purposes of discovery and trial preparation: cv , cv , cv , cv , cv , cv , cv , cv , cv , cv , and cv All cases are referred to Magistrate Judge Pohoreksky for the purposes of preparing a schedule for a class certification motion, hearing on application for the appointment of lead counsel for plaintiffs, and making a report and recommendation with respect to some, and preparing the cases for trial. All further docket entries for the eleven cases are to be made on docket # cv (Layne, Monique) Modified on 12/19/2000 (Entered: 12/18/2000) 11/06/ Calendar entry: Case called on 11/6/00 for Discovery Conf. before Mag. Pohorelsky. Counsel present. Conf. held. (Permaul, Jenny) (Entered: 01/09/2001) 11/08/ TRANSCRIPT of Motion before Judge Sifton filed for dates of 11/7/00. (Permaul, Jenny) (Entered: 12/01/2000) 11/13/ Pltf. Arthur Picon's, Sandra Picon's, Drew Picon's and Scott Picon's (The Picon Plaintiffs) corrected reply in support of their motion to be appointed lead plaintiffs and for appointment of lead counsel. (Permaul, Jenny) (Entered: 11/29/2000) 11/14/ Memorandum by Fidelity Holdings, Richard L. Feinstein, Bruce Bendell concerning scheduling. (Forwarded to Chambers) (Permaul, Jenny) (Entered: 11/14/2000) 12/12/ RETURN OF SERVICE executed as to Fidelity Holdings, Richard L. Feinstein, Bruce Bendell on 9/6/00. (Permaul, Jenny) (Entered: 12/12/2000) 12/12/ RETURN OF SERVICE executed as to Doron Cohen on 11/9/00. (Permaul, Jenny) (Entered: 12/12/2000) 12/27/2000 Consolidated Lead Case. (Permaul, Jenny) (Entered: 12/27/2000) 12/27/ ORDER, consolidating cases listed in this doc. for pretrial purposes under 00-cv- 5078(CPS). The time for defts. to answer move or otherwise plead in response toi the complaints is adjourned to a dated to fixed by the Mag. Judge to whom these actions are referred in pre trial proceedings. Signed by Senior Judge Charles P. Sifton, on 12/11/00. ( c/m to parties listed on Certificate of Service and Mag. Judge) (Permaul, Jenny) (Entered: 12/27/2000) 01/09/ REPORT and RECOMMENDATION and SCHEDULING ORDER signed by Magistrate Viktor V. Pohorelsky, on 12/29/00. See this doc. for prelininary pretrial proceedings schedule. (Permaul, Jenny) (Entered: 01/09/2001) 07/02/ ORDER: The parties are directed to show cause in writing on or before Tuesday,

5 July 10, 2001, why an order should not be entered consoiidating Civil Action Number with the cases consolidated for pretrial purposes under Master File Number or, in the alternative, adjourning adjudication of the motion to dismiss filed in Number to a date which will permit all parties in all cases to be heard. Reply papers, if any, are due by Friday, July 13, The parties are directed to appear on 7/18/01 in Courtroom 2 for a conf. regarding this matter.signed by Senior Judge Charles P. Sifton on 7/2/0/1. c/m (copy forwarded Mag. Pohorelsky) (Permaul, Jenny) (Entered: 07/02/2001) 07/03/ LETTER sent to docketing dated 11/3/00 from Mel E. Lifshitz, Esq. to Judge Sifton regarding the pending motions to consolidate these actions. (Permaul, Jenny) (Entered: 07/03/2001) 07/03/ TRANSCRIPT of Motion before Judge Sifton filed for dates of 11/7/00; Audio Operartor: Brian Kethcham; Court Transcriber: Rosalie Lombardi; Transcription Plus II; Typist: Jeanine Martelle. (Permaul, Jenny) (Entered: 07/03/2001) 07/12/ LETTER sent to docketing dated 6/25/01 from Howard T. Longman, Esq. to Judge Sifton requesting that the Report and Recommendation be adopted. (Permaul, Jenny) (Entered: 07/12/2001) 07/12/ ORDER adopting the Report and Recommendation and Scheduling Order issued by Mag. Pohorelsky dated 12/29/00. Signed by Senior Judge Charles P. Sifton, on 7/10/01. c/m (Permaul, Jenny) (Entered: 07/12/2001) 07/17/ REPLY by Fidelity Holdings in 1:00-cv-05078, Richard L. Feinstein in 1:00-cv , Bruce Bendell in 1:00-cv in opposition to Consolidation (Jackson, Ramona) (Entered: 07/17/2001) 08/14/ CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Bernard L. Gelbard in 1:00-cv-05078, (Answer due ) amending [1-1] complaint (Jackson, Ramona) (Entered: 08/14/2001) 09/05/ Calendar entry:before J.Sifton Civil Cause for motion conf. Court Reporter/ESR Hollie Driscoll Case called. Counsel for all parties pres. The court orders that Gelbard & Fidelity Holdings, CV , be consolidated with this consolidated master action for all pretrial proceedings. Whether it will remain consolidated for pretrial purposed will be determined after the completion of discovery. (Jackson, Ramona) (Entered: 09/07/2001) 09/14/ ORDER, reset answer due for 10/15/01 for Bruce Bendell, for Richard L. Feinstein, for Doron Cohen, for Fidelity Holdings ( signed by Senior Judge Charles P. Sifton, on 9/7/01) (Jackson, Ramona) (Entered: 09/14/2001) 10/15/ MOTION by Fidelity Holdings, Richard L. Feinstein, Bruce Bendell to dismiss consolidated amended complaint, Motion hearing set for 4:30 12/4/01 [24-1] motion Motion file stamped: 10/15/01 and mailed/served: 10/15/01 (Jackson, Ramona) (Entered: 10/16/2001) 10/16/ MEMORANDUM by Fidelity Holdings in 1:00-cv-05078, Richard L. Feinstein in 1:00-cv-05078, Bruce Bendell in 1:00-cv in support of [24-1] motion to dismiss consolidated amended complaint (Jackson, Ramona) (Entered: 10/16/2001) 10/17/ MOTION by Doron Cohen to dismiss, Motion hearing set for 4:30 12/4/01 [26-1]

6 motion Motion file stamped: 10/17/01 and mailed/served: 10/15/01 (Jackson, Ramona) (Entered: 10/17/2001) 12/05/ STIPULATION and ORDER to extend time to file opposition to motion to dismiss. ( signed by Senior Judge Charles P. Sifton, on 12/3/01) (Jackson, Ramona) (Entered: 12/05/2001) 12/12/ STIPULATION and ORDER to extend time to file opposition to motion to dismiss to 4:30 ( signed by Senior Judge Charles P. Sifton, on 12/10/01) (Jackson, Ramona) (Entered: 12/12/2001) 01/30/ STIPULATION and ORDER to Exttime to file opposition to motion to dismiss to March 4:30 ( signed by Senior Judge Charles P. Sifton, on 1/29/02) (Jackson, Ramona) (Entered: 01/30/2002) 03/01/ LETTER dated 2/13/02 from Counsels to Mag Pohorelsky request the court schedule a conf. for all counsels and direct counsel for Lloyds to attend. (Jackson, Ramona) (Entered: 03/01/2002) 03/01/ ORDER, set scheduling conference for 3:00 3/14/02 before Magistrate Viktor V. Pohorelsky, terminated past due deadlines ( signed by Magistrate Viktor V. Pohorelsky, on 2/27/02) (Jackson, Ramona) (Entered: 03/01/2002) 03/14/ Calendar entry: before Magistrate Pohorelsky on 3/14/02 settlement conference held. Next conference will be held on 4/11/02 at 2:00. (Guzzi, Roseann) (Entered: 03/19/2002) 03/14/ Calendar entry: before Magistrate Pohorelsky on 3/14/02 settlement conference held. Next conference scheduled for 4/11/02 at 2:00. (Guzzi, Roseann) (Entered: 03/19/2002) 03/21/ REPORT AND RECOMMENDATIONS of Magistrate Viktor V. Pohorelsky dated 12/29/00 Re: recommending that Arthur Picon, Sandra Picon, Scott Picon, Drew Picon, Chaim Babad, Olympia Michanical Piping & Heating Corp., David Spira, and Binyamin Spira be appointed as lead plaintiffs and that the law firms of Stull, Stull & Brody and Bernstein Liebhard & Lifshitz be appointed as co-lead counsel. (Signed by Magistrate Pohorelsky, dated 12/29/00) (Guzzi, Roseann) (Entered: 03/21/2002) 04/11/ Calendar entry:,before Mag Pohorelsky Civil Conf. set settlement conference for 2:30 5/6/02 before Magistrate Viktor V. Pohorelsky, terminated past due deadlines (Jackson, Ramona) (Entered: 04/16/2002) 05/09/ ORDER No adjournments On stip. to extend time to file opposition to motion to dismiss. ( signed by Senior Judge Charles P. Sifton, on 5/7/02) (Jackson, Ramona) (Entered: 05/09/2002) 05/09/ LETTER dated 5/3/02 from Samuel Kadet to Judge Sifton update the court as to status of parties agreement in principal to settle action. Request deadlines be adjourned sine die pending upcoming conf. (Jackson, Ramona) (Entered: 05/09/2002) 05/15/ ORDER, set scheduling conference for 2:00 5/24/02 before Magistrate Viktor V. Pohorelsky, On ltr. dtd. 5/3/02 from Eric S.Manne terminated past due deadlines (

7 signed by Magistrate Viktor V. Pohorelsky, ) (Jackson, Ramona) (Entered: 05/15/2002) 06/14/ ORDER, discontinuance without costs aand without prejudice to right to reopen within 60 days if settlement is not consummated. ( signed by Senior Judge Charles P. Sifton, on 6/13/02) (Jackson, Ramona) (Entered: 06/14/2002) 06/14/2002 Case closed (Jackson, Ramona) (Entered: 06/14/2002) 06/14/2002 Case reopened. (Black, Amanda) (Entered: 11/20/2002) 06/19/ LETTER dated 6/3/02 from Samuel Kadet to Judge Sifton parties have reached an agreement. Withdraw motion to dismiss (Jackson, Ramona) (Entered: 06/19/2002) 07/10/ Calendar entry:,before Mag Pohorelsky Civil Conf. Next conf. to be held by telephone reset scheduling conference for 3:30 8/12/02 before Magistrate Viktor V. Pohorelsky, terminated past due deadlines (Jackson, Ramona) (Entered: 07/12/2002) 08/12/ Calendar entry:,before Mag Pohorelsky Civil Conf. set telephone conference for 2:00 10/24/02 before Magistrate Viktor V. Pohorelsky, terminated past due deadlines (Jackson, Ramona) (Entered: 08/20/2002) 08/27/ LETTER dated 7/16/02 from Howard T Longman to Judge Sifton regarding motion to consolidate. (Jackson, Ramona) (Entered: 08/27/2002) 08/27/ LETTER dated 8/27/02 from Samuel Kadet to Judge Sifton regarding motion to consolidate for pretrial and discovery purposes only. (Jackson, Ramona) (Entered: 08/27/2002) 09/13/ STIPULATION and ORDER of Dismissal with prejudice and without costs to any party. (, on 9/12/02) (Jackson, Ramona) (Entered: 09/13/2002) 09/26/ NOTICE of Change of firm name of Robert I Harwood. (Jackson, Ramona) (Entered: 09/26/2002) 10/24/ Calendar entry:,before Mag Pohorelsky Civil Conf. Next conf. by telephone. et scheduling conference for 3:00 11/12/02 before Magistrate Viktor V. Pohorelsky, terminated past due deadlines (Jackson, Ramona) (Entered: 11/01/2002) 11/06/ CONSENT to trial by Magistrate-Judge; If appealed this matter will be referred to the Circuit Court. ( signed by Senior Judge Charles P. Sifton on 11/5/02) (Jackson, Ramona) (Entered: 11/06/2002) 11/06/2002 CASE NO LONGER REFERRED TO Magistrate Viktor V. Pohorelsky (Jackson, Ramona) (Entered: 11/06/2002) 11/06/2002 CASE assigned to Magistrate Viktor V. Pohorelsky (Jackson, Ramona) (Entered: 11/06/2002) 11/12/ Calendar entry: status conference by telephone held before Magistrate Pohorelsky on 11/12/02. Counsel shall forward to the court their proposed orders regarding notice and related documents by the end of next week. The next conference will be held by telephone on 12/3/02 at 3:00 p.m. (Black, Amanda) (Entered: 11/13/2002)

8 12/03/ Calendar entry: Conference held before Magistrate Pohorelsky on 12/3/02. The Settlement Hearing regarding the proposed class settlement is hereby scheduled for 3/6/03 at 2:00 p.m. in Room 519 of the U.S. Courthouse. The parties shall submit briefs in support of the settlement no later than February 27, (Black, Amanda) (Entered: 12/04/2002) 12/03/ STIPULATION and AGREEMENT OF SETTLEMENT (unsigned) (Black, Amanda) (Entered: 12/04/2002) 12/04/ PRELIMINARY APPROVAL ORDER. The Settlement Hearing is scheduled to be held by the Court on 3/6/02 at 2:00 p.m. to determine whether the proposed Settlement should be approved as fair, reasonable and adequate, whether the proposed allocation of the Settlement Fund should be approved, and whether the Court should award counsel fees and reimbursement of expenses, and intrest hereon, to Plaintiffs' Counsel. Any objections to the proposed Settlement shall be heard and any papers submitted in support of said objections shall be received and considered by the Court at the Settlement Hearing (unless, in its discretion, the Court shall direct otherwise) only if the person making objections files notice of his or her intention to appear together with any written objections and copies of any papers and briefs, with the Clerk of the Court for the Eastern District of New York and serves such notice and papers by hand or by first class mail on the following counsel (see order for counsel) at least fourteen (14) business days prior to the Settlement Hearing. (See Order for further details) (signed by Magistrate Viktor V. Pohorelsky, on 12/3/02). (Black, Amanda) (Entered: 12/04/2002) 02/26/ ORDER endorsed on letter dated 2/25/03 from Timothy J. MacFall to Magistrate Pohorelsky. Application granted. (signed by Magistrate Viktor V. Pohorelsky) (Black, Amanda) (Entered: 03/07/2003) 03/03/ MEMORANDUM IN SUPPORT OF APPROVAL OF THE PROPOSED SETTLEMENT, THE PLAN OF ALLOCATION, AND CERTIFICATION OF THE PROPOSED CLASS by Plaintiffs and the Class. (Black, Amanda) (Entered: 03/12/2003) 03/03/ PLAINTIFFS' MEMORANDUM in support of Joint Application for an Award of Attorneys' fees and reimbursement of expenses. (Black, Amanda) (Entered: 03/12/2003) 03/03/ JOINT DECLARATION of Howard T. Longman and Stanley D. Bernstein in Support of Approval of Settlement of this action and application of attorneys' fees and reimbursement of expenses to plaintiffs' counsel. (Black, Amanda) (Entered: 03/12/2003) 03/06/ Calendar entry: Fairness Hearing re: Settlement of Class Action held before Magistrate Pohorelsky on 3/6/03. Hearing held; no objections to settlement lodged; application for order approving settlement and dismissing action taken under advisement. (Black, Amanda) (Entered: 03/12/2003) 03/10/ FINAL JUDGMENT AND ORDER OF DISMISSAL OF CLASS ACTION: The Court adopts the definitions set forth in the Stipulation; The Court has jurisdiction over the Action, the Settlement Fund, the Lead Plaintiffs and Class Members, except for those persons or entities who have validly and timely excluded themselves as set for in Exhibit A hereto; The Court awards Plaintiffs' Counsel

9 $1,481, in attorneys' fees, representing 33 1/3% of the Settlement Fund, and $115, as reimbursement of expenses together with interest on both amounts for the same time period and at the same rate as earned on the Settlement Fund. The fees and expenses shall be distributed among Plaintiffs' Counsel as provided in the Stipulation, provided, however, that as to allocations of fees and expenses to Plaintiffs' Counsel other than Plaintiffs' Co-Lead Counsel, except for good cause shown, each firm shall receive at a minimum the amounts of fees and expenses listed in the Plaintiffs' Non-Lead Counsel Lodestar Summary annexed as Exhibit C to the Joint Declaration of Howard T. Longman and Stanley D. Berstein executed on February 28, The Court further authorizes the payment of $2, from the Settlement Fund to the Claims Administrator, The Garden City Group, for unreimbursed Notices costs and expenses, as reflected in the Affidavit of Brian Burke, sworn to on February 27, (See Judgment for further details). (signed by Magistrate Viktor V. Pohorelsky, on 3/7/03), (Black, Amanda) (Entered: 03/12/2003) 03/12/2003 Case closed as per document No. 60. (Black, Amanda) (Entered: 03/12/2003) 05/14/ NOTICE OF MOTION for Entry of the Proposed Class Distribution Order. (Black, Amanda) (Entered: 05/19/2004) 05/14/ DECLARATION of Howard T. Longman in Support of Plaintiffs' Motion for Entry of the Proposed Class Distribution Order. (Black, Amanda) (Entered: 05/19/2004) 06/03/ CLASS DISTRIBUTION ORDER. Signed by Judge Viktor V. Pohorelsky on 6/2/04. (Jackson, Ramona) (Entered: 06/03/2004) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at