U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03-cv RMB
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1 US District Court Civil Docket as of 07/03/2007 Retrieved from the court on Thursday, August 09, 2007 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03-cv RMB In Re: Check Point Software, et al v., et al Assigned to: Judge Richard M. Berman Demand: $0 Member cases: 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB Related Cases: 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB 1:03-cv RMB Cause: 15:78m(a) Securities Exchange Act Plaintiff Bryant Strickland individually Date Filed: 08/29/2003 Date Terminated: 06/29/2007 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Samuel Howard Rudman Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200 Melville, NY Fax: Plaintiff
2 Bryant Strickland on behalf of all others similarly situated represented by Samuel Howard Rudman Plaintiff Daniel Parquette represented by Kirk e. Chapman Milberg Weiss Bershad & Schulman LLP (NYC) One Pennsylvania Plaza New York, NY (212) Fax: (212) Lili R. Sabo Milberg Weiss Bershad & Schulman LLP (NYC) One Pennsylvania Plaza New York, NY (212) Fax: (212) Rebecca Krangel individually and on behalf of all others similarly situated. represented by Catherine A. Torell Cohen, Milstein, Hausfeld & Toll, P.L.L.C. 150 East 52nd Street 30th Floor New York, NY (212) John Feith individually and on behalf of all others similarly situated represented by Menachem E. Lifshitz Bernstein Liebhard & Lifshitz, LLP 10 East 40th Street New York, NY (212) Fax: (212)
3 Anthony Cassani represented by David Avi Rosenfeld Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200 Melville, NY Fax: Russell James Gunman Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200 Melville, NY (631) Samuel Howard Rudman V. Defendant Check Point Software Technologies, Ltd. represented by Andrew Scott Weinstein Paul, Weiss, Rifkind, Wharton & Garrison LLP 1285 Avenue of the Americas New York, NY Fax: Brad Scott Karp Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY Fax:
4 Bruce Birenboim Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY Fax: Daniel Jonathan Kramer Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY (212) Fax: (212) Defendant Gil Shwed represented by Andrew Scott Weinstein Brad Scott Karp Bruce Birenboim Daniel Jonathan Kramer Defendant Jerry Ungerman represented by Andrew Scott Weinstein Brad Scott Karp
5 Bruce Birenboim Daniel Jonathan Kramer Defendant Eyal Desheh represented by Andrew Scott Weinstein Brad Scott Karp Bruce Birenboim Daniel Jonathan Kramer Defendant Irwin Federman represented by Andrew Scott Weinstein Brad Scott Karp Daniel Jonathan Kramer Defendant
6 Alex Vieux represented by Andrew Scott Weinstein Brad Scott Karp Daniel Jonathan Kramer Movant Ronald Di Sandro represented by Christopher J. Keller Labaton Rudoff & Sucharow LLP 100 Park Avenue 12th Floor New York, NY (212) Fax: (212) Jonathan M. Plasse Labaton Rudoff & Sucharow LLP 100 Park Avenue 12th Floor New York, NY (212) Fax: (212) Lead Plaintiff Jay Stegmann represented by Kirk e. Chapman Lili R. Sabo Daniel E. Offutt represented by Aaron Lee Brody
7 Stull Stull & Brody 6 East 45th Street, 5th Floor New York, NY Fax: ssbny@aol.com Jules Brody Stull Stull & Brody 6 East 45th Street, 5th Floor New York, NY (212) Fax: (212) ssbny@aol.com Peter Fusco individually and on behalf of all others similarly situated represented by Frederick Taylor Isquith, Sr Wolf, Haldenstein, Adler, Freeman & Herz, L.L.P. 270 Madison Avenue New York, NY (212) isquith@whafh.com Rod Sherman individually and on behalf of all others similarly situated. represented by Frederick Taylor Isquith, Sr David Brittenham individually and on behalf of all others similarly situated. represented by Peter Edward Seidman Milberg Weiss Bershad & Schulman LLP (NYC) One Pennsylvania Plaza New York, NY (212) Fax: (212) pseidman@milberg.com Steven G. Schulman Milberg Weiss Bershad & Schulman LLP (NYC) One Pennsylvania Plaza
8 New York, NY Fax: Michael Malone individually and on behalf of all others similarly situated. represented by Peter Edward Seidman Steven G. Schulman John H. Cottrell individually and on behalf of all others similarly situated. represented by John G. Emerson, Jr., Emerson, Poynter, L.L.P. P. O. Box Little Rock, AR (501) Peter Edward Seidman Scott E. Poynter Emerson Poynter LLP 500 President Clinton Ave., Suite 305 Little Rock, AR (501) Fax: (501) Steven G. Schulman Raymond J. Upright individually and on behalf of all others similarly situated. represented by Christopher J. Keller Jonathan M. Plasse
9 Sandra Upright individually and on behalf of all others similarly situated. represented by Christopher J. Keller Jonathan M. Plasse Gary McLaughlin represented by David Avi Rosenfeld Karen H. Riebel Lockridge, Grindal, Nauen, P.L.L.P. 100 Washington Avenue South Suite 2200 Suite 2200 Minneapolis, MN (612) Richard A. Lockridge Lockridge, Grindal, Nauen 100 Washington Avenue South Suite 2200 Minneapolis, MN (612) Russell James Gunman Samuel Howard Rudman Date Filed # Docket Text 08/29/ COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ RECEIPT # (gf) (Entered: 09/02/2003)
10 08/29/2003 Magistrate Judge Douglas F. Eaton is so designated. (gf) (Entered: 09/02/2003) 10/28/ NOTICE OF MOTION (filed on service date) by Ronald Di Sandro for an Order pursuant to Section 21D(a)(3) of the Securities Exchange Act of 1934, 15 U.S.C. 78U-4(a)(3) and Rule 42 of the FRCP consolidating cases 03cv6594, 03cv6921, 03cv7093, 03cv7129, 03cv7197, 03cv7320, 03cv7501, 03cv7727, appointing movant Ronald Di Sandro as lead plaintiff(s) in the consolidated action and, approving movant's selection of Goodkind Labaton Rudoff & Sucharow LLP as lead counsel for the class. Return Date not indicated. (yv) (Entered: 10/30/2003) 10/28/ MEMORANDUM OF LAW by Ronald Di Sandro in support of [2-1] motion for an Order pursuant to Section 21D(a)(3) of the Securities Exchange Act of 1934, 15 U.S.C. 78U-4(a)(3) and Rule 42 of the FRCP consolidating cases 03cv6594, 03cv6921, 03cv7093, 03cv7129, 03cv7197, 03cv7320, 03cv7501, 03cv7727, [2-2] motion appointing movant Ronald Di Sandro as lead plaintiff(s) in the consolidated action, [2-3] motion approving movant's selection of Goodkind Labaton Rudoff & Sucharow LLP as lead counsel for the class. (yv) (Entered: 10/30/2003) 10/28/ DECLARATION of Christopher Keller by Ronald Di Sandro in support Re: [2-1] motion for an Order pursuant to Section 21D(a)(3) of the Securities Exchange Act of 1934, 15 U.S.C. 78U-4(a)(3) and Rule 42 of the FRCP consolidating cases 03cv6594, 03cv6921, 03cv7093, 03cv7129, 03cv7197, 03cv7320, 03cv7501, 03cv7727, [2-2] motion appointing movant Ronald Di Sandro as lead plaintiff(s) in the consolidated action, [2-3] motion approving movant's selection of Goodkind Labaton Rudoff & Sucharow LLP as lead counsel for the class. Proposed Order attached. (yv) Modified on 10/30/2003 (Entered: 10/30/2003) 10/31/2003 INITIAL PRETRIAL CONFERENCE held before Judge Richard M. Berman. (kw) (Entered: 11/04/2003) 10/31/2003 Status Conference set at 12:30 p.m. on 11/14/03 before Judge Richard M. Berman. (kw) (Entered: 11/04/2003) 11/03/ Memorandum to Docket Clerk: INITIAL PRETRIAL CONFERENCE held before Judge Richard M. Berman on 10/31/03. Status conference set for 11/14/03 at 12:30 p.m. (kw) (Entered: 11/04/2003) 11/03/ Withrawal of Motion of Ronald Di Sandro for consolidation of related actions, appoitment as lead plaintiff and approval of proposed lead plaintiff's selection of lead counsel. (moc) (Entered: 11/05/2003) 11/06/ NOTICE OF MOTION (filed on service date) by Daniel E. Offutt for an order consolidating the following actions: 03cv6594, 03cv6921, 03cv7093, 03cv7197, 03cv cv7501, and 03cv8058, for an order appointing Daniel E. Offutt lead plaintiff in the actions pursuant to the PSLRA of 1995, and for an order approving movant's selection of lead counsel. Return Date not indicated. Proposed order attached. (dle) (Entered: 11/10/2003) 11/06/ MEMORANDUM OF LAW by Daniel E. Offutt in support of [7-1] motion for an order consolidating the following actions: 03cv6594, 03cv6921, 03cv7093, 03cv7197, 03cv cv7501, and 03cv8058, [7-2] motion for an order appointing Daniel E. Offutt lead plaintiff in the actions pursuant to the PSLRA of 1995, [7-3] motion for an order approving movant's selection of lead counsel. (dle)
11 (Entered: 11/10/2003) 11/06/ DECLARATION of Bradley P. Dyer by Daniel E. Offutt in support Re: [7-1] motion for an order consolidating the following actions: 03cv6594, 03cv6921, 03cv7093, 03cv7197, 03cv cv7501, and 03cv8058, [7-2] motion for an order appointing Daniel E. Offutt lead plaintiff in the actions pursuant to the PSLRA of 1995, [7-3] motion for an order approving movant's selection of lead counsel. (dle) (Entered: 11/10/2003) 11/13/ NOTICE OF MOTION (filed on service date) by Check Point Software for John Slavitt, Esq., to appear pro hac vice ; Return Date not indicated; (djc) (Entered: 11/18/2003) 11/13/ AFFIDAVIT of Daniel J. Kramer by Check Point Software in support of [10-1] motion for John Slavitt, Esq., to appear pro hac vice. (djc) (Entered: 11/18/2003) 11/14/ Memorandum to Docket Clerk: Status Conference held; Comments: cases consolidated; lead plaintiff is Jay Stegman lead counsel is Schiffrin & Barroway, LLP; Liason counsel is Milberg Weiss Bershad Hynes & Lerach, LLP. (sac) (Entered: 11/21/2003) 11/18/ AFFIDAVIT of Daniel J. Kramer by Check Point Software in support of [10-1] motion for John Slavitt, Esq., to appear pro hac vice. (djc) (Entered: 11/19/2003) 11/21/ ORDER; this action 03Civ.6594 Lead Case is consolidated with following Member Cases: 03Civ.6921; 03Civ.7093; 03Civ.7129; 03Civ.7197; 03Civ.7320; 03Civ.7501; 03Civ.7727; 03Civ.8058; 03Civ.8434, for all purposes. This Order shall apply to the Consolidated Action and to each case that relates to the same subject matter that is subsequently filed in this Court or is transferred to this Court and is consolidated with this Action. A Master File is established for this proceeding. The Master File shall be Civil Action 03-CV-6594 and is open and effective the date of this Order. The Clerk shall file all pleadings in the Master File and not such filings on the Master Docket. The Clerk may mail a copy of this Order to counsel of record in the Consolidated Action. The caption of these consolidated actions shall be "In re Check Point Software, Technologies Ltd. Securities Litigation" and every pleading filed in the Consolidated Action shall have the caption: In Re Check Point Software Technologies Ltd. Securities Litigation. Plaintiff Jay Stegmann is hereby appointed to serve as Lead Plaintiff pursuant to 21D of the Securities Exchange Act. The law firm of Schiffrin & Barroway LLP is hereby appointed as Lead Counsel. The law firm of Milberg, Weiss, Bershad, Hynes & Lerach, LLP is appointed liaison counsel. Lead Counsel may be responsible for the following stated in this Consolidation Order. ( signed by Judge Richard M. Berman ); (sac) (Entered: 11/22/2003) 11/21/2003 Consolidated Lead Case. (tp) (Entered: 11/22/2003) 11/26/ ORDER granting [10] Motion for John Slavitt to Appear Pro Hac Vice on behalf of Defendant Check Point Software Technologies Ltd.. (Signed by Judge Richard M. Berman on 11/25/03) (ae, ) (Entered: 12/02/2003) 11/26/2003 CASHIERS OFFICE REMARK on [15] Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/26/03, Receipt Number (cd, ) (Entered: 12/09/2003)
12 12/02/2003 Transmission to Attorney Admissions Clerk. Transmitted re: [15] Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (ae, ) (Entered: 12/02/2003) 12/15/ MOTION (filed on service date 12/13/03) for Darren J. Check to Appear Pro Hac Vice. Document filed by David Brittenham. (df, ) (Entered: 01/02/2004) 12/16/ ORDER; the time for lead pltff to file a consolidated amended complaint shall be extended to and including 1/14/04, and the date by which defendants shall respond to the Consolidated Amended Complaint shall be extended to 3/1/04. (Signed by Judge Richard M. Berman on 12/15/03) (Pecorino, Joseph) Modified on 1/7/2004 (ae, ). (Entered: 01/04/2004) 12/16/2003 Set Deadlines/Hearings: Amended Pleadings due by 1/14/2004. (ae, ) (Entered: 01/07/2004) 01/12/ TRANSCRIPT of proceedings held on 11/14/03 before Judge Richard M. Berman.(pr, ) (Entered: 01/12/2004) 01/13/ TRANSCRIPT of proceedings held on 11/5/03 before Judge Richard M. Berman.(ml, ) (Entered: 01/13/2004) 01/14/ AMENDED COMPLAINT against Check Point Software Technologies, Ltd., Eyal Desheh, Gil Shwed, Jerry Ungerman.Document filed by Daniel Parquette, Jay Stegmann.(dle, ) (Entered: 01/26/2004) 02/23/ STIPULATION AND ORDER: the time to respond to the complaint is extended to 3/11/04; in the event defendants respond to the complaint by motion, plaintiff's brief in opposition to defendants' motion shall be filed and served by 5/6/04; and defendants' reply brief in support of their motion shall be filed and served by 6/7/04. See Court's Rules Re: page limits: any motion to be jointly submitted. Any questions, contact Christine Murray. (Signed by Judge Richard M. Berman on 2/23/04) (kw, ) (Entered: 02/24/2004) 02/23/2004 Set Answer Due Date purs. to [21] Stipulation and Order, as to Check Point Software Technologies, Ltd. answer due on 3/11/2004; Eyal Desheh answer due on 3/11/2004; Gil Shwed answer due on 3/11/2004; Jerry Ungerman answer due on 3/11/2004. (kw, ) (Entered: 02/24/2004) 03/11/ MOTION (FILED ON SERVICE DATE) for an order pursuant to Ru1e 15 U.S.C. section 78u-4(b)(3) and F.R.C.P. 9(b)(5) and 12(b)(6) for an order to dismiss the Consolidated Amended Complaint with prejudice. Document filed by Eyal Desheh, Irwin Federman, Gil Shwed, Jerry Ungerman, Alex Vieux. (pl, ) (Entered: 03/16/2004) 03/11/ MEMORANDUM OF LAW in Support re: [22] MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Check Point Software Technologies, Ltd., Eyal Desheh, Irwin Federman, Gil Shwed, Jerry Ungerman, Alex Vieux. (pl, ) (Entered: 03/16/2004) 03/11/ DECLARATION of Andrew S. Weinstein in Support re: [22] MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Check Point Software Technologies, Ltd., Eyal Desheh, Gil Shwed, Jerry Ungerman. (pl, ) (Entered: 03/16/2004)
13 04/02/ ORDER, granting, subject to payment of fee, the [16] Motion for Darren J. Check to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 4/2/04) (tp, ) (Entered: 04/05/2004) 04/05/2004 Transmission to Attorney Admissions Clerk. Transmitted re: [25] Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tp, ) (Entered: 04/05/2004) 05/06/ NOTICE of Change of law firm name by Kirk E. Chapman on behalf of Jay Stegmann. New Address: Milberg Weiss Bershad & Schulman, L.L.P.,. (dle, ) (Entered: 05/07/2004) 05/06/ MEMORANDUM OF LAW in Opposition re: [22] MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by David Brittenham, Anthony Cassani, John H. Cottrell, John Feith, Peter Fusco, Rebecca Krangel, Michael Malone, Gary McLaughlin, Daniel E. Offutt, Daniel Parquette, Rod Sherman, Jay Stegmann, Bryant Strickland, Raymond J. Upright, Sandra Upright. (dle, ) (Entered: 05/07/2004) 06/02/ ORDER: the time for defendants Check Point Software Technologies Ltd., Gil Shwed, Jerry Ungerman, and Eyal Desheh to serve their reply brief in further support of their motion to dismiss the Consolidated Amended Complaint is extened to 6/14/04. (Signed by Judge Richard M. Berman on 6/1/04) (kw, ) (Entered: 06/04/2004) 06/14/ REPLY MEMORANDUM OF LAW in Support re: [22] MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Check Point Software Technologies, Ltd., Eyal Desheh, Irwin Federman, Gil Shwed, Jerry Ungerman, Alex Vieux. (jp, ) (Entered: 06/15/2004) 11/01/ NOTICE of CHANGE IN FIRM NAME AND ADDRESS: Rabin, Murray & Sailer LLP. Document filed by David Brittenham, Anthony Cassani, John H. Cottrell, John Feith, Peter Fusco, Rebecca Krangel, Michael Malone, Gary McLaughlin, Daniel E. Offutt, Daniel Parquette, Rod Sherman, Jay Stegmann, Bryant Strickland, Raymond J. Upright, Sandra Upright. (pl, ) (Entered: 11/04/2004) 12/15/ RULE 7.1 DISCLOSURE STATEMENT. Document filed by Check Point Software Technologies, Ltd. (jco, ) (Entered: 12/20/2004) 03/08/ ORDER; granting [22] Motion to Dismiss, with leave for Plaintiffs to amend within 30 days from the date of this Order. The parties are requested to appear at a status/settlement conference with the Court on Thursday, 3/24/05 at 3:00 p.m., in Courtroom 706, 40 Centre Street. The parties are direted to engage in good faith settlement negotiations prior to the conference.(signed by Judge Richard M. Berman on 3/7/05) (sac, ) (Entered: 03/10/2005) 03/22/ MOTION (FILED ON SERVICE DATE) for Andrew L. Zivitz to Appear Pro Hac Vice, as counsel for plaintiffs.. (cd, ) (Entered: 03/24/2005) 03/23/ ORDER ADMITTING ATTORNEY PRO HAC VICE. The motion for admission to practice pro hac vice in this matter is granted. The admitted attorney Andrew L. Zivitz is permitted to argue or try this particular case in whole or in part as counsel
14 or advocate. Subject to payment of fee to clerk. (Signed by Judge Richard M. Berman on 3/22/05) (dle, ) (Entered: 03/24/2005) 03/23/2005 Transmission to Attorney Admissions Clerk. Transmitted re: [33] Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (dle, ) (Entered: 03/24/2005) 03/24/2005 CASHIERS OFFICE REMARK on [33] Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 3/22/05, Receipt Number (mlo, ) (Entered: 03/24/2005) 03/24/ Minute Entry for proceedings held before Judge Richard M. Berman : Status Conference held on 3/24/2005. Referred to Magistrate (pl, ) (Entered: 03/30/2005) 03/30/ ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Douglas F. Eaton. (Signed by Judge Richard M. Berman on 3/24/2005) (jsa, ) (Entered: 04/01/2005) 04/27/ SECOND AMENDED COMPLAINT amending [20] Amended Complaint against Check Point Software Technologies, Ltd., Gil Shwed, Jerry Ungerman, Eyal Desheh, Irwin Federman, Alex Vieux.Document filed by Jay Stegmann, Daniel Parquette. Related document: [20] Amended Complaint filed by Jay Stegmann, Daniel Parquette.(jco, ) (Entered: 05/03/2005) 06/28/2005 Minute Entry for proceedings held before Judge Douglas F. Eaton : Settlement Conference held on 6/28/2005. The parties were unable to reach a settlement. (yv, ) (Entered: 07/01/2005) 06/28/2005 MEMORANDUM TO THE DOCKET CLERK: Settlement conference held before Magistrate Judge Douglas F. Eaton. The parties were unable to reach a settlement (yv, ) (Entered: 07/01/2005) 06/28/2005 Minute Entry for proceedings held before Judge Douglas F. Eaton : Settlement Conference held on 6/28/2005, and follow-up telephone calls on 7/5/05. The parties are unable to reach a settlement. (db, ) (Entered: 07/07/2005) 06/28/2005 Minute Entry for proceedings held before Judge Douglas F. Eaton : Settlement Conference held on 6/28/2005. Follow-up phone calls on 7/5/05. The parties not able to reach a settlement. (db, ) (Entered: 08/18/2005) 07/05/2005 CASE NO LONGER REFERRED to Magistrate Judge Douglas F. Eaton. (rag, ) (Entered: 07/08/2005) 07/26/ AMENDED STIPULATION AND ORDER. Defendants shall have until 9/2/2005, to move, answer, or otherwise repond to the second consolidated amended complaint in the matter. Defendants shall have until 10/28/2005, to file and serve papers in reply to plaintiffs' opposition to the motion to dismiss. In the event defendants respond to the second consolidated amended complaint by motion, plaintiffs shall have until 10/7/2005, to file and serve papers in opposition to the motion (Signed by Judge Richard M. Berman on 7/25/05) Filed In Associated Cases: 1:03-cv RMB,1:03-cv RMB,1:03-cv RMB,1:03-cv RMB,1:03-cv RMB,1:03-cv RMB,1:03-cv RMB,1:03- cv rmb,1:03-cv rmb,1:03-cv rmb(yv, ) (Entered:
15 07/29/2005) 07/26/2005 Set Answer Due Date purs. to [38] Stipulation and Order, Set Deadlines, as to Check Point Software Technologies, Ltd. answer due on 9/2/2005; Gil Shwed answer due on 9/2/2005; Jerry Ungerman answer due on 9/2/2005; Eyal Desheh answer due on 9/2/2005; Irwin Federman answer due on 9/2/2005; Alex Vieux answer due on 9/2/2005. (yv, ) (Entered: 07/29/2005) 09/02/ MOTION (FILED ON SERVICE DATE) to Dismiss the consolidated Second Amended Complaint with prejudice. Document filed by Check Point Software Technologies, Ltd., Gil Shwed, Jerry Ungerman, Eyal Desheh, Irwin Federman, Alex Vieux. (jmi, ) (Entered: 09/07/2005) 09/02/ MEMORANDUM OF LAW in Support re: [39] MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Check Point Software Technologies, Ltd., Gil Shwed, Jerry Ungerman, Eyal Desheh, Irwin Federman, Alex Vieux. (jmi, ) (Entered: 09/07/2005) 09/02/ DECLARATION of Andrew S. Weinstein in Support re: [39] MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Check Point Software Technologies, Ltd., Gil Shwed, Jerry Ungerman, Eyal Desheh, Irwin Federman, Alex Vieux. (jmi, ) (Entered: 09/07/2005) 10/07/ MEMORANDUM OF LAW in Opposition re: [39] MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Daniel E. Offutt, Peter Fusco, Rod Sherman, David Brittenham, Michael Malone, Rebecca Krangel, John H. Cottrell, Raymond J. Upright, Sandra Upright, Gary McLaughlin, Bryant Strickland(individually), Jay Stegmann, Bryant Strickland(on behalf of all others similarly situated), John Feith, Anthony Cassani, Daniel Parquette. (docmt received in night dep. on 8:37 p.m.) (djc, ) (Entered: 10/11/2005) 10/26/ ENDORSED LETTER addressed to Judge Richard M. Berman from Andrew S. Weinstein dated 10/25/05 re: request the Court's permission. ENDORSEMENT: Application GRANTED, on consent. (Signed by Judge Richard M. Berman on 10/26/05) (js, ) (Entered: 10/27/2005) 10/28/ DEFENDANT'S REPLY MEMORANDUM OF LAW in Further Support re: [39] MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Check Point Software Technologies, Ltd., Gil Shwed, Jerry Ungerman, Eyal Desheh, Irwin Federman, Alex Vieux. (jmi, ) (Entered: 10/31/2005) 11/01/ ENDORSED LETTER addressed to Judge Richard M. Berman from Andrew S. Weinstein dated 10/28/05 re: request oral argument on their motion. ENDORSEMENT: Reply brief is respectfully rejected. We have a 10 pp (doubled spaced)limit: not a 10 pp plus 10 page footnote limit. Resubmit by 11/4/05. (Signed by Judge Richard M. Berman on 10/31/05) 03-cv RMB(js, ) (Entered: 11/01/2005) 11/03/ ENDORSED LETTER: addressed to Judge Richard M. Berman from Andrew S. Weinstein dated 11/1/2005 re: defendant's are requesting clarification of the Court's 10/31/2005 Order. ENDORSEMENT: The 10 page rule works 99 out of 100 times and makes sense. If you want 12pp fine--but I do not turn it into an opus as before. (And if you focused upon the 10pp rather than writing 11 these clarification
16 requests, you'd be there). (Signed by Judge Richard M. Berman on 11/1/2005) (lb, ) (Entered: 11/04/2005) 11/03/ DEFENDANTS' (RESUBMITTED) REPLY MEMORANDUM OF LAW in Support re: [39] MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Check Point Software Technologies, Ltd., Gil Shwed, Jerry Ungerman, Eyal Desheh, Irwin Federman, Alex Vieux. (jmi, ) (Entered: 11/07/2005) 01/23/ ADMINISTRATIVE ORDER denying as moot. [34] Motion for Andrew L. Zivitz to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 1/23/2006) (jmi, ) Modified on 1/24/2006 (jmi, ). (Entered: 01/24/2006) 04/26/ ORDER denying [39] Motion to Dismiss. The parties are directed to appear at a settlement/status conference on 5/15/06 at 11:15a.m. in courtroom Centre Street. (Signed by Judge Richard M. Berman on 4/25/06) (jco, ) (Entered: 04/26/2006) 04/26/2006 Set Deadlines/Hearings: Settlement Conference set for 5/15/ :15 AM before Judge Richard M. Berman. (jco, ) (Entered: 04/26/2006) 05/05/ STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the undersigned counsel that the time for defendants check point software technologies Ltd. Gil Shwed, Jerry Ungerman, and Eyal Desheh to answer or otherwise respond to the consolidated second amended complaint in the above captioned action is extended to and including June 15, 2006 (Signed by Judge Richard M. Berman on 5/4/06) (js, ) (Entered: 05/05/2006) 05/15/ ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Douglas F. Eaton. (Signed by Judge Richard M. Berman on 5/15/2006) (lb, ) (Entered: 05/15/2006) 05/15/ CASE MANAGEMENT PLAN: Amended Pleadings due by 11/17/2006. Joinder of Parties due by 11/17/2006. Fact Discovery is to be completed by 12/15/2006. Expert Discovery is to be completed 3 months thereafter. Settlement Conference set for 9/21/2006 at 09:15 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 5/15/2006) (lb, ) (Entered: 05/15/2006) 05/16/ CASE MANAGEMENT PLAN: Amended Pleadings due by 11/17/2006. Joinder of Parties due by 11/17/2006. Discovery due by 12/15/2006. Settlement Conference set for 9/21/ :15 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 5/15/06) (cd, ) (Entered: 05/18/2006) 05/22/ MEMORANDUM AND ORDER: District Judge Richard M. Berman has referred this case to me for general pretrial supervision. This means that I will make decisions about the dicovery phase of the litigation, but not about motions to dismiss such motions pursuant to Rule 12(b) or Rule 56. (Signed by Judge Douglas F. Eaton on 5/22/06) (js, ) (Entered: 05/23/2006) 06/01/ STIPULATION: It is hereby stipulated and agreed that the time for parties to exchange initial disclosures pursuant to Fed. R. Civ. P.26(a) is extended to and including 6/2/2006. (Signed by Judge Richard M. Berman on 6/1/2006) (lb, )
17 (Entered: 06/01/2006) 06/15/ ANSWER to Amended Complaint. Document filed by Check Point Software Technologies, Ltd., Gil Shwed, Jerry Ungerman, Eyal Desheh. Related document: [37] Amended Complaint, filed by Jay Stegmann,, Daniel Parquette,.(jeh, ) (Entered: 06/19/2006) 09/13/ ENDORSED LETTER addressed to Judge Richard M. Berman from Daniel Kramer dated 9/12/06 re: counsel for dfts request that the settlement conference be rescheduled. 10:30 a.m.. (Signed by Judge Richard M. Berman on 9/13/06) (dle, ) (Entered: 09/14/2006) 09/13/2006 Set/Reset Hearings: Settlement Conference set for 10/4/ :30 AM before Judge Richard M. Berman. (dle, ) (Entered: 09/14/2006) 10/04/2006 Minute Entry for proceedings held before Judge Richard M. Berman : Status Conference held on 10/4/2006. Discovery Stayed. Settlement Conference set for 11/9/ :45 PM before Judge Richard M. Berman. (jar, ) (Entered: 10/05/2006) 11/20/2006 Minute Entry for proceedings held before Judge Richard M. Berman : Status Conference held on 11/20/2006; parties to submit papers by 12/6/06. (cd, ) (Entered: 11/27/2006) 12/06/ ENDORSED LETTER addressed to Judge Richard M. Berman from Andrew L. Zivitz dated 12/5/06 re: the parties jointly requests a two week extension to submit the MOU on or before 12/20/06; application granted. (Signed by Judge Richard M. Berman on 12/6/06) (pl, ) (Entered: 12/07/2006) 12/22/ STIPULATION AND ORDER OF DISMISSAL of action against the individual Defendants without prejudice, each party to bear its own costs..; (Signed by Judge Richard M. Berman on 12/21/06) (djc, ) (Entered: 12/26/2006) 01/04/ NOTICE OF CHANGE OF Firm Name by Michelle M. Backes on behalf of David Brittenham, Jay Stegmann, Daniel Parquette. New Firm Name: Schiffrin Barroway, Topaz & Kessler, L.L.P.,. (dle, ) (Entered: 01/10/2007) 03/14/ ORDER FOR NOTICE AND HEARING; The court, for purposes of this Order for Notice and Hearing adopts all defined terms as set forth in the Stipulation...; Purs to FRCP 23 and for purposes of settlement only, Lead Plaintiff Jay Stegmann and Named Plaintiff Daniel Parquette are appointed as Class Representatives...; A hearing (the "Final hearing") prus to Rule 23(e) of the FCP is hereby scheduled to be held before the Court on June 6, 2007 at 2:15 p.m. for the purposes as set forth herein...; (Signed by Judge Richard M. Berman on 3/13/07) (djc) (Entered: 03/15/2007) 05/30/ DECLARATION of Andrew L. Zivitz in Support of plaintiff's motion for final approval of settlement, plan of allocation, and attorneys' fees and reimbursement of expenses. Document filed by Jay Stegmann, Daniel Parquette. (jpo) (Entered: 06/04/2007) 05/30/ MEMORANDUM OF LAW in Support of Lead Counsel's motion for an award of attorneys' fees and reinbursement of expenses. Document filed by Daniel E. Offutt, Peter Fusco, Michael Malone, Rebecca Krangel, Raymond J. Upright, Sandra
18 Upright, Gary McLaughlin, Bryant Strickland(individually), Jay Stegmann, Bryant Strickland(on behalf of all others similarly situated), John Feith, Daniel Parquette. (jpo) (Entered: 06/04/2007) 05/30/ Plaintiffs' MEMORANDUM OF LAW in Support of motion for final approval of settlement and plan of allocation. Document filed by Jay Stegmann, Daniel Parquette. (jpo) (Entered: 06/04/2007) 06/11/ ORDER; lead counsel is directed to submit to the Court by no later than 6/18/2007 documentary evidence of attorneys' fees and costs incurred through 5/22/2007 based upon the "lodestar" methodology. (Signed by Judge Richard M. Berman on 6/11/07) (kco) (Entered: 06/12/2007) 06/18/ MOTION to file Supplemental Affidavit of David Kessler in support of Joint Petition for Attorneys Fees and Reimbursement of Expenses Filed on Behalf of Schiffrin Barroway Topaz & Kessler, LLP and the Supplemental Affidavit of Kirk E. Chapman in Support of Joint Petition for Attorneys' fees and Reimbursement of Expenses filed on Behalf of Milbert Weiss & Bershad LLP, including all Exhibits, in camera under seal. (document filed by Liaison counsel for Plaintiffs and the Class).(djc) (Entered: 06/20/2007) 06/20/ DECISION AND ORDER; that Lead Counsel's application to file the supplemental affidavits and exhibits in camera and under seal is therefore denied provided however that Lead Counsel may redact appropriate portions of the supplemental exhibits that may reveal attorney work product and file the redacted versions with the Court on or before June 27, 2007 (noon). (Signed by Judge Richard M. Berman on 6/20/07) (pl) (Entered: 06/21/2007) 06/27/ Second Supplemental Affidavit of David Kessler in support of joint petition for attorneys' fees and reimbursement of expenses filed on behalf of Schiffrin Barroway Topaz & Kessler, LLP. Document filed by Daniel E. Offutt, Peter Fusco, Rod Sherman, David Brittenham, Michael Malone, Rebecca Krangel, John H. Cottrell, Raymond J. Upright, Sandra Upright, Gary McLaughlin, Bryant Strickland(individually), Jay Stegmann, Bryant Strickland(on behalf of all others similarly situated), John Feith, Anthony Cassani, Daniel Parquette. (dle) (Entered: 06/28/2007) 06/27/ Second Supplemental Affidavit of Kirk E. Chapman in support of joint petition for attorneys' fees and reimbursement of expenses filed on behalf of Milbert Weiss & Bershad LLP. Document filed by Daniel E. Offutt, Peter Fusco, Rod Sherman, David Brittenham, Michael Malone, Rebecca Krangel, John H. Cottrell, Raymond J. Upright, Sandra Upright, Gary McLaughlin, Bryant Strickland(individually), Jay Stegmann, Bryant Strickland(on behalf of all others similarly situated), John Feith, Anthony Cassani, Daniel Parquette. (dle) (Entered: 06/28/2007) 06/29/ FINAL JUDGMENT AND ORDER settling action. (Signed by Judge Richard M. Berman on 6/29/07) (ml) (Entered: 07/02/2007) 07/03/2007 CASE NO LONGER REFERRED to Magistrate Judge Douglas F. Eaton. I hereby close the above Order of Reference for magistrate judge statistical purposes. Reason: On 6/29/07, Judge Berman signed a Final Judgment and Order settling these cases. Associated Cases: 1:03-cv RMB-DFE et al.(ae) (Entered: 07/13/2007)
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