United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:03-cv LDD

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1 US District Court Civil Docket as of 01/06/2004 Retrieved from the court on Tuesday, September 12, 2006 United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:03-cv LDD JANOVICI v. DVI, INC. et al Assigned to: HONORABLE LEGROME D. DAVIS Cause: 15:78m(a) Securities Exchange Act Date Filed: 08/20/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff JEFF JANOVICI INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED represented by MARC A. TOPAZ SCHIFFRIN & BARROWAY, LLP 280 KING OF PRUSSIA ROAD RADNOR, PA Fax: V. Defendant DVI, INC. represented by GARY M. SCHILDHORN ADELMAN LAVINE GOLD & LEVIN FOUR PENN CENTER SUITE 900 PHILADELPHIA, PA Fax: Defendant MICHAEL O'HANLON Defendant STEVEN R. GARFINKEL represented by MAURA E. FAY DILWORTH PAXSON LLP 3200 MELLON BANK CTR

2 1735 MARKET ST PHILADELPHIA, PA Fax: V. STEPHEN BENCE, IV represented by ANDREW L. BARROWAY SCHIFFRIN & BARROWAY LLP 280 KING OF PRUSSIA ROAD RADNOR, PA TEL Fax: FAX DARREN J. CHECK SCHIFFRIN & BARROWAY, LLP 280 KING OF PRUSSIA ROAD RADNOR, PA JEFFREY M. NORTON WECHSLER HARWOOD, LLP 488 MADISON AVE. 8TH FL. NEW YORK, NY MILTON WOLSON represented by DEBORAH R. GROSS LAW OFFICES BERNARD M. GROSS, PC JUNIPER & MARKET STREETS JOHN WANAMAKER BLDG, SUITE 450 PHILADELPHIA, PA Fax:

3 SUSAN R. GROSS LAW OFFICES BERNARD GROSS, P C 450 JOHN WANAMAKER BLDG JUNIPER & MARKET STS. PHILADELPHIA, PA Fax: susang@bernardmgross.com BHARAT PAREKH represented by DEBORAH R. GROSS SUSAN R. GROSS OFFICER JAMES SCHWARTZ represented by DEBORAH R. GROSS SUSAN R. GROSS GOTTLIEB FAMILY FOUNDATION TRUST represented by ROBERT A. KAUFFMAN BERGER AND MONTAGUE 1622 LOCUST STREET PHILADELPHIA, PA TEL Fax: FAX

4 RICHARD MORRELL represented by ROBERT A. KAUFFMAN THOMAS SCIBA represented by M. RICHARD KOMINS BARRACK RODOS & BACINE 3300 TWO COMMERCE SQUARE 2001 MARKET STREET PHILADELPHIA, PA KENNETH GROSSMAN represented by STEVEN A. SCHWARTZ CHIMICLES & TIKELLIS LLP 361 WEST LANCASTER AVENUE HAVERFORD, PA Fax: CEDAR STREET FUNDS represented by STEVEN A. SCHWARTZ CEDAR STREET OFFSHORE FUND represented by STEVEN A. SCHWARTZ SHIRLEY H. KAREL represented by JOANNE G. NOBLE SCHNADER HARRISON SEGAL &

5 LEWIS LLP 1600 MARKET ST. SUITE 3600 PHILADELPHIA, PA R. BRUCE MCNEW TAYLOR & MCNEW 3711 KENNETT PIKE, STE. 210 GREENVILLE, DE Date Filed # Docket Text 08/20/ COMPLAINT against DVI, INC., STEVEN R. GARFINKEL, MICHAEL O'HANLON ( Filing fee $ 150 receipt number ), filed by JEFF JANOVICI.(cw, ) (Entered: 08/20/2003) 08/20/2003 Summons Issued as to DVI, INC., STEVEN R. GARFINKEL, MICHAEL O'HANLON.Three Given To: Counsel on 08/20/03 (cw, ) (Entered: 08/20/2003) 08/20/2003 DEMAND for Trial by Jury by JEFF JANOVICI. (cw, ) (Entered: 08/20/2003) 08/28/ SUGGESTION OF BANKRUPTCY by DVI, INC. under Chapter Number 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware filed under case number , Certificate of Service. (SCHILDHORN, GARY) Modified on 8/28/2003 (np). (Entered: 08/28/2003) 08/28/ SUMMONS Returned Executed by JEFF JANOVICI, re: Jonathan A. Leibowitz served Summons and Complaint upon Julian Roberts, Jr. on behalf of DEFTS DVI, INC., STEVEN R. GARFINKEL, MICHAEL O'HANLON by personal service 8/26/2003, answer due 9/15/2003. (kw, ) (Entered: 08/28/2003) 09/15/ ORDER THAT THE COURT HAVING BEEN ADVISED THAT A SUGGESTION OF BANKRUPTCY WAS FILED BY DVI, INC., PURSUANT TO 11 U.S.C. SEC. 362, IT IS HEREBY ORDERED THAT THIS MATTER IS STAYED AS TO DVI, INC. SIGNED BY JUDGE LEGROME D. DAVIS ON 9/12/03. 9/15/03 ENTERED AND COPIES FAXED.(kw, ) (Entered: 09/15/2003) 09/25/ ORDER THAT DEFTS MICHAEL O'HANLON & STEVEN R. GARFINKEL SHALL FILE A PLEADING IN RESPONSE TO THE COMPLAINT BY 10/10/2003. SIGNED BY JUDGE LEGROME D. DAVIS ON 9/25/03. 9/25/03 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 09/25/2003) 09/29/ MOTION BY MOVANT STEPHEN BENCE IV TO CONSOLIDATE ACTIONS,

6 TO BE APPOINTED LEAD PLFF & FOR APPROVAL OF LEAD PLFF'S SELECTION OF LEAD COUNSEL, MEMORANDUM, AFFIDAVIT, CERTIFICATE OF SERVICE.(kw, ) Additional attachment(s) added on 9/30/2003 (kw, ). (Entered: 09/30/2003) 09/29/ MOTION BY BHARAT PAREKH, JAMES SCHWARTZ, MILTON WOLSON (THE WOLSON GROUP) FOR CONSOLIDATION, APPOINTMENT AS LEAD PLFF, APPROVAL OF SELECTION OF LEAD COUNSEL & LIAISON COUNSEL, MEMORANDUM, DECLARATION, DECLARATION OF SERVICE.(kw, ) Additional attachment(s) added on 9/30/2003 (kw, ). (Entered: 09/30/2003) 09/29/ MOTION BY MOVANTS GOTTLIEB FAMILY FOUNDATION TRUST, RICHARD MORRELL FOR CONSOLIDATION, APPOINTMENT AS LEAD PLFF & APPROVAL OF THEIR SELECTION OF LEAD COUNSEL, MEMORANDUM, CERTIFICATE OF SERVICE.(kw, ) (Entered: 09/30/2003) 09/29/ MOTION BY MOVANT THOMAS SCIBA TO CONSOLIDATE PENDING CASES, FOR APPOINTMENT AS LEAD PLFF, & FOR APPROVAL OF LEAD PLFF'S CHOICE OF COUNSEL, MEMORANDUM, DECLARATION, CERTIFICATE OF SERVICE.(kw, ) Additional attachment(s) added on 10/7/2003 (kw, ). (Entered: 09/30/2003) 10/09/ MOTION BY MOVANTS CEDAR STREET FUNDS, CEDAR STREET OFFSHORE FUND, KENNETH GROSSMAN (CEDAR STREET GROUP) FOR CONSOLIDATION, APPOINTMENT AS LEAD PLFF, APPROVAL OF SELECTION OF LEAD COUNSEL & LIAISON COUNSEL, MEMORANDUM, DECLARATION OF SERVICE.(kw, ) (Entered: 10/10/2003) 10/15/ STIPULATION AND ORDER THAT DEFT STEVEN R. GARFINKEL'S TIME TO ANSWER, PLEAD OR OTHERWISE MOVE TO PLFFS' VARIOUS CLAIMS SHALL BE EXTENDED TO 45 DAYS AFTER THE DATE ON WHICH A CONSOLIDATED CLASS ACTION COMPLAINT IS FILED IN THE ABOVE-REFERENCED ACTIONS. SIGNED BY JUDGE LEGROME D. DAVIS ON 10/14/03. 10/16/03 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 10/16/2003) 10/16/ Memorandum of law by MOVANTS BHARAT PAREKH, JAMES SCHWARTZ, MILTON WOLSON (The Wolson Group) in further support of its motion for appointment as lead plff & in opposition to competing movants' applications, Certificate of Service. (kw, ) (Entered: 10/16/2003) 10/16/ Memorandum of law in further support of motion of STEVEN BENCE, IV to consolidate actions, be appointed lead plff & for approval of lead plff's selection of lead counsel & in opposition to competing motions, Certificate of Service, filed by MOVANT STEPHEN BENCE IV. (kw, ) (Entered: 10/17/2003) 10/16/ Memorandum of law in opposition to competing lead plff motions & in further support of Gottlieb Family Foundation Trust & Richard W. Morrell's motion for consolidation, appointment as lead plff, & approval of their selection of lead counsel, Certificate of Service, filed by MOVANTS GOTTLIEB FAMILY FOUNDATION TRUST, RICHARD MORRELL. (kw, ) (Entered: 10/17/2003)

7 10/23/ MOTION BY STEPHEN BENCE IV FOR ADMISSION OF JEFFREY M. NORTON, ESQ. TO APPEAR PRO HAC VICE, CERTIFICATE OF SERVICE.(kw, ) (Entered: 10/24/2003) 10/23/ Memorandum of law in oposition to the Wolson Group's lead plff motion & in further support of GOTTLIEB FAMILY FOUNDATION TRUST & RICHARD W. MORRELL'S motion for consolidation, appointment as lead plff, & approval of their selection of lead counsel, Certificate of Service, filed by GOTTLIEB FAMILY FOUNDATION TRUST, RICHARD MORRELL. (kw, ) (Entered: 10/24/2003) 10/23/ MOTION BY MOVANT STEPHEN BENCE IV FOR LEAVE TO FILE REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF MOTION OF STEPHEN BENCE, IV TO CONSOLIDATE RELATED ACTIONS, TO BE APPOINTED LEAD PLFF & FOR APPROVAL OF LEAD PLFFS SELECTION OF LEAD COUNSEL, CERTIFICATE OF SERVICE.(kw, ) (Entered: 10/24/2003) 10/28/ ORDER THAT APPLICATION OF JEFFREY M. NORTON, ESQ. TO APPEAR AS COUNSEL FOR STEPHEN BENCE, IV IS GRANTED. SIGNED BY JUDGE LEGROME D. DAVIS ON 10/27/03.10/29/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 10/29/2003) 10/28/ MOTION BY MOVANTS BHARAT PAREKH, JAMES SCHWARTZ, MILTON WOLSON (THE WOLSON GROUP) FOR LEAVE TO FILE REPLY MEMORANDUM IN FURTHER SUPPORT OF THE WOLSON GROUP'S MOTION TO CONSOLIDATE RELATED ACTIONS, FOR APPOINTMENT AS LEAD PLFF & FOR APPROVAL OF LEAD PLFF'S SELECTION OF LEAD COUNSEL, DECLARATION OF SERVICE. (REPLY MEMORANDUM ATTACHED).(kw, ) Additional attachment(s) added on 10/29/2003 (kw, ). (Entered: 10/29/2003) 10/29/ NOTICE of Hearing on Motion 9 MOTION for Approval MOTION to Consolidate Cases MOTION to Consolidate Cases, 6 MOTION for Approval MOTION to Consolidate Cases MOTION to Consolidate Cases, 10 MOTION for Approval MOTION to Consolidate Cases, 7 MOTION for Approval MOTION to Consolidate Cases MOTION to Consolidate Cases, [8] MOTION for Approval MOTION to Consolidate Cases: MOTION HEARING SET FOR 11/21/ :00 AM IN COURTROOM BEFORE HONORABLE LEGROME D. DAVIS. (imi) (Entered: 10/29/2003) 10/30/ ORDER THAT STEPHEN BENCE, IV'S MOTION FOR LEAVE TO FILE REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF STEPHEN BENCE, IV'S MOTION TO CONSOLIDATE RELATED CASES, TO BE APPOINTED AS LEAD PLFF & FOR APPROVAL OF LEAD PLFF'S SELECTION OF LEAD COUNSEL IS GRANTED. SIGNED BY JUDGE LEGROME D. DAVIS ON 10/30/03.10/31/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 10/31/2003) 10/30/ ORDER THAT THE WOLSON GROUP'S MOTION FOR LEAVE TO FILE REPLY MEMORANDUM IN FURTHER SUPPORT OF THE WOLSON GROUP'S MOTION TO CONSOLIDATE RELATED CASES, FOR

8 APPOINTMENT AS LEAD PLFF & FOR APPROVAL OF LEAD PLFF'S SELECTION OF LEAD COUNSEL IS GRANTED. SIGNED BY JUDGE LEGROME D. DAVIS ON 10/30/03.10/31/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 10/31/2003) 10/31/ MOTION BY MOVANTS CEDAR STREET FUNDS, CEDAR STREET OFFSHORE FUND, KENNETH GROSSMAN (THE CEDAR STREET GROUP) FOR LEAVE TO FILE REPLY MEMORANDUM, AFFIDAVIT, CERTIFICATE OF SERVICE. (RESPONSE ATTACHED)(kw, ) Additional attachment(s) added on 11/3/2003 (kw, ). (Entered: 11/03/2003) 11/07/ ORDER THAT MOTION OF CEDAR GROUP'S MOTION FOR LEAVE TO FILE REPLY MEMORANDUM IN FURTHER SUPPORT OF THE CEDAR GROUP'S MOTION TO CONSOLIDATE RELATED CASES, FOR APPOINTMENT AS LEAD PLFF & FOR APPROVAL OF LEAD PLFF'S SELECTION OF LEAD COUNSEL IS GRANTED IN THAT COUNSEL FOR CEDAR GROUP MAY SUBMIT A REPLY MEMORANDUM IN FURTHER SUPPORT OF MOTIONS TO CONSOLIDATE RELATED CASES, FOR APPOINTMENT OF LEAD PLFF, FOR APPROVAL OF LEAD PLFF'S SELECTION OF LEAD COUNSEL. SIGNED BY JUDGE LEGROME D. DAVIS ON 11/5/03.11/7/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 11/07/2003) 11/10/ NOTICE of Appearance by MAURA E. FAY, ESQ. on behalf of DEFT STEVEN R. GARFINKEL, Certificate of Service. (kw, ) Additional attachment(s) added on 12/16/2003 (kw, ). (Entered: 11/12/2003) 11/14/ MOTION BY MOVANTS CEDAR STREET FUNDS, CEDAR STREET OFFSHORE FUND, KENNETH GROSSMAN (CEDAR STREET GROUP) FOR LEAVE TO FILE REPLY MEMORANDUM, RESPONSE TO KAREL GROUP'S MEMORANDUM OF LAW, CERTIFICATE OF SERVICE. (SEE ORIGINAL PLEADING IN , PAPER #33)(kw, ) (Entered: 11/18/2003) 11/19/ MOTION BY PLFF SHIRLEY H. KAREL (THE KAREL GROUP) FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION TO CONSOLIDATE, APPOINT LEAD PLFF, & APPROVE CO-LEAD COUNSEL, DECLARATION, CERTIFICATE OF SERVICE. (REPLY MEMORANDUM ATTACHED)(kw, ) Additional attachment(s) added on 11/20/2003 (kw, ). (Entered: 11/20/2003) 11/21/ ORDER THAT CEDAR STREET GROUP'S MOTION FOR LEAVE TO FILE THE CEDAR STREET GROUP'S RESPONSE TO BRIEF FILED BY THE KAREL GROUP, RE: MOTION FOR APPOINTMENT AS LEAD PLFF & APPROVAL OF SELECTION OF LEAD COUNSEL & LIAISON COUNSEL IS GRANTED. SIGNED BY JUDGE LEGROME D. DAVIS ON 11/20/03.11/24/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 11/24/2003) 11/24/ ORDER GRANTING PLAINTIFF SHIRLEY H. KAREL'S MOTION FOR LEAVE TO FILE A REPLY MEMORANDUM IN SUPPORT OF THE KAREL GROUP'S MOTION TO CONSOLIDATE, APPOINT LEAD PLAINTIFF, AND APPROVE LEAD COUNSEL, AND SHALL BE DEEMED FILED ON THIS DATE.. SIGNED BY JUDGE LEGROME D. DAVIS ON 11/24/03.11/25/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 11/25/2003)

9 11/24/ Reply Memorandum in support of motion to consolidate, appoint lead plaintiff, and approve co lead counsel, filed by SHIRLEY H. KAREL. (ph, ) (Entered: 11/25/2003) 11/25/ ORDER THAT THE MOTION TO CONSOLIDATE ACTIONS, TO BE APPOINTED LEAD PLAINTIFF AND FOR APPROVAL OF LEAD PLAINTIFF'S SELECTION OF LEAD COUNSEL FILED BY STEPHEN BENCE IV IS DENIED. THE MOTION FOR APPOINTMENT AS LEAD PLAINTIFF, FOR CONSOLIDATION AND FOR APPROVAL OF SELECTION OF LEAD COUNSEL AND LIAISON COUNSEL FILED BY JAMES SCHWARTZ, BHARAT PAREKH AND MILTON WOLSON IS DENIED. THE MOTINO FOR CONSOLIDATION, APPOINTMENT AS LEAD COUNSEL AND APPROVAL OF THEIR SELECTION OF LEAD COUNSEL FILED BY RICHARD MORELL AND THE GOTTLIEB FAMILY FOUNDATION TRUS IS DENIED. THE MOTION TO CONSOLIDATE, FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF PLAINTIFF'S CHOICE OF COUNSEL FILED BY THOMAS SCIBA IS DENIED. THE MOTION FOR APPROVAL OF LEAD PLAINTIFF, TO CONSOLIDATE CASES AND FOR APPROVAL OF SELECTION OF LEAD AND LIAISON COUNSEL FILED BY KENNETH GROSSMAN, CEDAR STREET OFFSHORE FUND AND CEDAR STREET FUNDS IS GRANTED. THE MOTION FOR LEAVE TO FILE BY SHIRLEY H. KAREL IS GRANTED.SIGNED BY JUDGE LEGROME D. DAVIS ON 11/25/03.11/25/03 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) (Entered: 11/25/2003) 11/25/ MEMORANDUM AND ORDER THAT THE MOTIONS OF THE CEDAR STREET GROUP IN GROSSMAN ET AL. VS MERRILLY LYNCH & CO., ET AL FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, APPROVAL OF SELECTION OF LEAD COUNSEL AND LIASION COUNSEL ARE GRANTED IN ALL RESPECTS. CIVIL ACTIONS NOS , , , , , , , ARE HEREBY CONSOLIDATED, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42, FOR ALL PURPOSES, INCLUDING DISCOVERY AND TRIAL. ALL PLEADINGS, MOTIONS, DISCOVERY AND OTHER MATTERS IN ALL CASES SHALL BE FILED AT CIVIL ACTION NO AS THE LEAD CASE. A COPY OF THIS ORDER SHALL BE DOCKETED AT CIVIL ACTION NOS , , , , , AND FOR STATISTICAL PURPOSES. THE CLERK'S OFFICE SHALL TRANSMIT COPIES OF THIS ORDER TO COUNSEL OF RECORD IN THE CONSOLIDATED ACTIONS. EVERY PLEADING FILED IN THE CONSOLIDATED ACTION SHALL HAVE THE FOLLOWING CAPTION: IN RE DVI INC. SECURITIES LITIGATION, CIVIL ACTION NO ; ETC.. SIGNED BY JUDGE LEGROME D. DAVIS ON 11/25/03. (Attachments: # 1 ORDER) 11/26/03 ENTERED AND COPIES MAILED.(jl, ) (Entered: 11/26/2003) 11/25/ Transcript of Hearing held on 11/21/03 before Judge Davis. Court Reporter: ESR. (ar, ) (Entered: 11/26/2003) 01/06/ Letter from Michael A. O'Hanlon, dated 12/17/03, re: Certain facts. (See original pleading in , Paper #20) (kw, ) (Entered: 01/07/2004)

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