U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03-cv JGK

Transcription

1 US District Court Civil Docket as of 08/03/2005 Retrieved from the court on Friday, September 09, 2005 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03-cv JGK Mohnot v. Cosi, Inc., et al Assigned to: Judge John G. Koeltl Demand: $0 Lead case: 1:03-cv JGK Member cases: 1:03-cv JGK 1:03-cv JGK 1:03-cv JGK 1:03-cv JGK 1:03-cv JGK 1:03-cv JGK 1:03-cv JGK 1:03-cv JGK 1:03-cv JGK Cause: 15:78m(a) Securities Exchange Act Lead Plaintiff Benjamin Giunta Date Filed: 02/05/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Gina M Tufaro Abbey, Gardy, L.L.P. 212 East 39th Street New York, NY (212) Fax: (212) GTufaro@abbeygardy.com ATTORNEY TO BE NOTICED Jill Sharyn Abrams Bibicheff & Associates th Street Brooklyn, NY (212) Fax: (212) jabrams@abbeygardy.com ATTORNEY TO BE NOTICED Mark C. Gardy Abbey, Gardy, L.L.P. 212 East 39th Street New York, NY 10016

2 (212) Plaintiff Sheel Mohnot represented by Laurence D. Paskowitz Goldman Gruder & Wood 200 Connecticut Avenue Norwalk, CT Fax: V. Todd Semon Kema D. Harakh Cheryl Resetarits David Stark Howard Stredler Georgette Pacia

3 Joseph Albert Christopher Chamberlaine Willie Gordillo V. Cosi, Inc. represented by Gregory Arthur Markel Cadwalader, Wickersham & Taft LLP One World Financial Center New York, NY (212) Fax: (212) ATTORNEY TO BE NOTICED Martin L. Seidel Cadwalader, Wickersham & Taft LLP (NYC) One World Financial Center New York, NY Fax: ATTORNEY TO BE NOTICED Andy Stenzler

4 Jay Wainwright Nick Marsh Kenneth S. Betuker Tery Diamond Creed L. Ford, III Eric Gleacher Ian D. MacKinnon Jeffrey M. Stork Greg Wooley William Blair & CO. represented by Andrew W. Stern Sidley Austin Brown & Wood LLP 787 Seventh Avenue New York, NY (212) Chad W. Pekron Sidley Austin Brown & Wood LLP

5 10 South Dearborn Street Chicago, IL (312) Linton J. Childs Sidley Austin Brown & Wood LLp 10 South Dearborn Street Chicago, IL (312) Walter C. Carlson Sidley Austin Brown & Wood LLP 10 South Dearborn Street Chicago, IL (312) Walter C. Carlson Sidley Austin Brown & Wood, LLP 787 Seventh Avenue New York, NY (212) Penelope J. Dai represented by David Avi Rosenfeld Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 200 Broadhollow Road, Ste. 406 Melville, NY Fax: Samuel Howard Rudman Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 200 Broadhollow Road, Ste. 406 Melville, NY Fax:

6 Tommy R. Sparks represented by David Avi Rosenfeld Samuel Howard Rudman Joel M. Thrope represented by David Avi Rosenfeld Samuel Howard Rudman Shirley R. Thrope represented by David Avi Rosenfeld Samuel Howard Rudman Iyerchinma Fiabema represented by David Avi Rosenfeld Samuel Howard Rudman Benjamin Giunta Abbey, Gardy, L.L.P. 212 East 39th Street New York, NY (212)

7 Frederick Lukens represented by Donald Carroll Moss Barrack, Rodos & Bacine 170 E. 61st Street Second Floor New York, NY (212) Frederick Lukens represented by Laurence D. Paskowitz Lawrence Riley represented by Laurence D. Paskowitz Cosi Investor Group represented by Lester L. Levy Wolf, Popper, L.L.P. 845 Third Avenue New York, NY (212) Date Filed # Docket Text 02/05/ CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ RECEIPT # (gmo) (Entered: 02/06/2003) 02/05/2003 Magistrate Judge Frank Maas is so designated. (gmo) (Entered: 02/06/2003) 02/05/ RULE 1.9 CERTIFICATE filed by Sheel Mohnot. (gmo) (Entered: 02/06/2003) 04/07/ NOTICE OF MOTION (filed on service date) by Penelope J. Dai, Tommy R. Sparks, Joel M. Thrope, Shirley R. Thrope, Iyerchinma Fiabema for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1044, 03cv1053, 03cv1131, 03cv1156, 03cv1593 and 03cv2124, appointing Penelope J. Dai, Tommy R. Sparks, Joel M. and Shirley R. Thrope and Iyerchinma Fiabema as lead plaintiffs and, approving the proposed lead plaintiffs' selection of the law firms of Schiffrin & Barroway, LLP and Cauley Geller Bowman Coates & Rudman, LLP to serve as lead counsel. Return Date not indicated. Proposed Order attached. (yv)

8 (Entered: 04/08/2003) 04/07/ MEMORANDUM OF LAW by Penelope J. Dai, Tommy R. Sparks, Joel M. Thrope, Shirley R. Thrope, Iyerchinma Fiabema in support of [3-1] motion for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1044, 03cv1053, 03cv1131, 03cv1156, 03cv1593 and 03cv2124, [3-2] motion appointing Penelope J. Dai, Tommy R. Sparks, Joel M. and Shirley R. Thrope and Iyerchinma Fiabema as lead plaintiffs, [3-3] motion approving the proposed lead plaintiffs' selection of the law firms of Schiffrin & Barroway, LLP and Cauley Geller Bowman Coates & Rudman, LLP to serve as lead counsel. (yv) (Entered: 04/09/2003) 04/07/ DECLARATION of Samuel H. Rudman by Penelope J. Dai, Tommy R. Sparks, Joel M. Thrope, Shirley R. Thrope, Iyerchinma Fiabema in support Re: [3-1] motion for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1044, 03cv1053, 03cv1131, 03cv1156, 03cv1593 and 03cv2124, [3-2] motion appointing Penelope J. Dai, Tommy R. Sparks, Joel M. and Shirley R. Thrope and Iyerchinma Fiabema as lead plaintiffs, [3-3] motion approving the proposed lead plaintiffs' selection of the law firms of Schiffrin & Barroway, LLP and Cauley Geller Bowman Coates & Rudman, LLP to serve as lead counsel. (yv) (Entered: 04/09/2003) 04/07/ NOTICE OF MOTION by Benjamin Giunta, for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1053, 03cv1131, 03cv1156, 03cv1593 and 03cv2170 ; to appoint movant Benjamin Giunta to serve as lead plaintiff ; to approve the selection of Abbey Gardy, LLP as lead counsel. No Return Date. (kw) (Entered: 04/10/2003) 04/07/ DECLARATION of Nancy Kaboolian by Benjamin Giunta in support Re: [6-1] motion for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1053, 03cv1131, 03cv1156, 03cv1593 and 03cv2170, [6-2] motion to appoint movant Benjamin Giunta to serve as lead plaintiff, [6-3] motion to approve the selection of Abbey Gardy, LLP as lead counsel. (kw) (Entered: 04/10/2003) 04/07/ MEMORANDUM OF LAW by Benjamin Giunta in support of [6-1] motion for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1053, 03cv1131, 03cv1156, 03cv1593 and 03cv2170, [6-2] motion to appoint movant Benjamin Giunta to serve as lead plaintiff, [6-3] motion to approve the selection of Abbey Gardy, LLP as lead counsel. (kw) (Entered: 04/10/2003) 04/07/ NOTICE OF MOTION by Frederick Lukens, for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1044, 03cv1053, 03cv1131, 03cv1156, and 03cv1593 ; to appoint movant Frederick Lukens to serve as lead plaintiff ; to approve the selection of Barrack Rodos & Bacine as lead counsel. No Return Date. (kw) (Entered: 04/10/2003) 04/07/ MEMORANDUM OF LAW by Frederick Lukens in support of [9-1] motion for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1044, 03cv1053, 03cv1131, 03cv1156, and 03cv1593, [9-2] motion to appoint movant Frederick Lukens to serve as lead plaintiff, [9-3] motion to approve the selection of Barrack Rodos & Bacine as lead counsel. (kw) (Entered: 04/10/2003) 04/07/ NOTICE OF MOTION by Frederick Lukens, and Lawrence Riley, for an order consolidating the various actions ; to appoint movant Frederick Lukens, movant

9 Lawrence Riley to serve as lead plaintiffs ; to approve the selection of Paskowitz & Associates as Lead Counsel. No Return Date. (kw) (Entered: 04/10/2003) 04/07/ MEMORANDUM OF LAW by Frederick Lukens, Lawrence Riley in support of [11-1] motion for an order consolidating the various actions, [11-2] motion to appoint movant Frederick Lukens, movant Lawrence Riley to serve as lead plaintiffs, [11-3] motion to approve the selection of Paskowitz & Associates as Lead Counsel. (kw) (Entered: 04/10/2003) 04/07/ NOTICE OF MOTION by Cosi Investor Group, for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1044, 03cv1053, 03cv1131, 03cv1156, 03cv cv 2124 and 03 civ ; to appoint movant Cosi Investor Group to serve as lead plaintiff ; to approve the selection of Wolf Popper LLP as lead counsel. No Return Date. (kw) (Entered: 04/10/2003) 04/07/ MEMORANDUM OF LAW by Cosi Investor Group in support of [13-1] motion for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1044, 03cv1053, 03cv1131, 03cv1156, 03cv cv 2124 and 03 civ. 2170, [13-2] motion to appoint movant Cosi Investor Group to serve as lead plaintiff, [13-3] motion to approve the selection of Wolf Popper LLP as lead counsel. (kw) (Entered: 04/10/2003) 04/11/ NOTICE of withdrawal of motion by Penelope J. Dai, Tommy R. Sparks, Joel M. Thrope, Shirley R. Thrope, Iyerchinma Fiabema to appoint Lead plaintiff approv lead plaintiff's selection of lead counsel. (kw) (Entered: 04/30/2003) 04/16/ RULE 7.1 CERTIFICATE filed by William Blair & CO. (djc) (Entered: 04/21/2003) 04/16/ NOTICE of attorney appearance for William Blair & CO. by Andrew W. Stern. (djc) (Entered: 04/21/2003) 04/21/ NOTICE OF MOTION by William Blair & CO. for Walter C. Carlson, Linton J. Childs, and Chad W. Pekron to appear pro hac vice ;. Return Date not indicated. Declaration of Daniel A. McLaughlin in support attached. (sac) (Entered: 04/23/2003) 04/21/ NOTICE OF MOTION (filed on service date) by William Blair & CO. for an order admitting Walter C. Carlson to appear pro hac vice as counsel for defendant, William Blair & Co., LLC, for an order admitting Linton J. Childs to appear pro hac vice as counel for defendant, William Blair & Co., LLC, and for an order admitting Chad W. Pekron to appear pro hac vice as counsel for defendant, William Blair & Co., LLC. No Return Date. Declaration of Daniela A. McLaughlin attached. (sb) (Entered: 04/29/2003) 04/28/ ORDER, that subject to payment of the filing fee, the Court is granting the [17-1] motion for Walter C. Carlson, Linton J. Childs, and Chad W. Pekron to appear pro hac vice. ( signed by Judge John G. Koeltl ); FORWARDED DOCUMENT TO ATTORNEY ADMISSIONS CLERK. (tp) Modified on 04/29/2003 (Entered: 04/29/2003) 05/19/2003 Memo endorsed on motion; granting [19-1] motion for an order admitting Walter C. Carlson to appear pro hac vice as counsel for defendant, William Blair & Co.,

10 LLC; granting [19-2] motion for an order admitting Linton J. Childs to appear pro hac vice as counel for defendant, William Blair & Co., LLC; granting [19-3] motion for an order admitting Chad W. Pekron to appear pro hac vice as counsel for defendant, William Blair & Co., LLC. ( signed by Judge John G. Koeltl ); (docmt forwarded to atty admissions clk.) (djc) (Entered: 05/20/2003) 05/21/ STIPULATION and ORDER granting [6-1] motion for an Order consolidating actions 03cv812, 03cv864, 03cv1039, 03cv1053, 03cv1131, 03cv1156, 03cv1593 and 03cv2170, granting [6-2] motion to appoint movant Benjamin Giunta to serve as lead plaintiff, granting [6-3] motion to approve the selection of Abbey Gardy, LLP as lead counsel. ( signed by Judge John G. Koeltl ) (db) (Entered: 05/22/2003) 05/21/2003 Consolidated Lead Case. (db) (Entered: 05/22/2003) 05/21/ NOTICE OF WITHDRAWAL, The Cosi Investor Group, consisting of Todd Semon, Leonard R. Ganz, Robert Couri and Robert Adler withdraws its motion for appointment as lead plaintiff in light of the larger claimed losses of Benjamin Giunta. ( signed by Judge John G. Koeltl ) (sb) (Entered: 05/22/2003) 07/07/ CONSOLIDATED AMENDED COMPLAINT, by plaintiffs (Answer due 7/17/03 for William Blair & CO., for Greg Wooley, for Jeffrey M. Stork, for Ian D. MacKinnon, for Eric Gleacher, for Creed L. Ford III, for Tery Diamond, for Kenneth S. Betuker, for Nick Marsh, for Jay Wainwright, for Andy Stenzler, for Cosi, Inc. ) amending [1-1] complaint. Jury trial demanded. (kw) (Entered: 07/08/2003) 08/27/ SECOND AMENDED COMPLAINT by Sheel Mohnot, Benjamin Giunta, Todd Semon, Kema D. Harakh, Cheryl Resetarits, David Stark, Howard Stredler, Georgette Pacia, Joseph Albert, Christopher Chamberlaine, Willie Gordillo (Answer due 9/8/03 for William Blair & CO., for Greg Wooley, for Jeffrey M. Stork, for Ian D. MacKinnon, for Eric Gleacher, for Creed L. Ford III, for Tery Diamond, for Kenneth S. Betuker, for Nick Marsh, for Jay Wainwright, for Andy Stenzler, for Cosi, Inc. ) amending [23-1] amended complaint ; Summons issued. (dle) (Entered: 09/02/2003) 09/22/ NOTICE OF MOTION by William Blair & CO. to dismiss the Second Amended Complaint ; Return Date not indicated (cd) (Entered: 09/26/2003) 09/22/ MEMORANDUM OF LAW by William Blair & CO. in support of [25-1] motion to dismiss the Second Amended Complaint. (cd) (Entered: 09/26/2003) 09/22/ NOTICE OF MOTION by Cosi, Inc. and Cosi defendants for an order dismissing plaintiffs' second consolidated amended class action complaint and each and every cause of action and claim for relief therein as to each and every one of the moving defendants, purs. to FRCP 12(b)(6) and FRCP 9(b). No Return Date. Declaration of Martin L. Seidel attached. (sb) (Entered: 09/29/2003) 09/24/ MEMORANDUM OF LAW by Cosi, Inc. in support of [27-1] motion for an order dismissing plaintiffs' second consolidated amended class action complaint and each and every cause of action and claim for relief therein as to each and every one of the moving defendants, purs. to FRCP 12(b)(6) and FRCP 9(b). (sb) (Entered: 09/29/2003)

11 10/22/ MEMORANDUM OF LAW by Sheel Mohnot in opposition to [27-1] motion for an order dismissing plaintiffs' second consolidated amended class action complaint and each and every cause of action and claim for relief therein as to each and every one of the moving defendants, purs. to FRCP 12(b)(6) and FRCP 9(b). (moc) (Entered: 10/24/2003) 11/12/ REPLY MEMORANDUM of LAW by William Blair & CO. in support re: [27-1] motion for an order dismissing plaintiffs' second consolidated amended class action complaint and each and every cause of action and claim for relief therein as to each and every one of the moving defendants, purs. to FRCP 12(b)(6) and FRCP 9(b). (djc) (Entered: 11/17/2003) 11/12/ REPLY MEMORANDUM of LAW by Cosi, Inc. in further support re: [27-1] motion for an order dismissing plaintiffs' second consolidated amended class action complaint and each and every cause of action and claim for relief therein as to each and every of the moving defendants, purs. to FRCP 12(b)(6) and FRCP 9(b). (djc) (Entered: 11/17/2003) 07/29/ NOTICE of Supplemental Authority. Document filed by Cosi, Inc.. (jmi, ) (Entered: 07/30/2004) 08/02/ ORDER that plaintiffs' request for leave to file an amended complaint is granted. Plaintiffs may file an amended complaint by 8/27/04; dfts may respond to the amended complaint by 9/27/04; pending motions to dismiss the second amended complaint (dkt. nos. 25&27) are dismissed as moot without prejudice to renewal against any amended complaint (Signed by Judge Ronald L. Ellis on 7/30/04) (dle, ) (Entered: 08/03/2004) 08/02/2004 Set/Reset Deadlines: Amended Pleadings due by 8/2/2004. (dle, ) (Entered: 08/03/2004) 08/11/ TRANSCRIPT of proceedings held on 7/30/04 before Judge John G. Koeltl.(dfe, ) (Entered: 08/11/2004) 08/30/ SCHEDULING ORDER: Plaintiffs shall file their amended complaint by 9/10/04 and defendants shall respond thereto by 10/12/04. (Signed by Judge John G. Koeltl on 8/25/04) (kw, ) (Entered: 08/31/2004) 09/10/ THIRD CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending [1] Complaint against Kenneth S. Betuker, Cosi, Inc., Tery Diamond, Creed L. Ford III, Eric Gleacher, Ian D. MacKinnon, Nick Marsh, Andy Stenzler, Jeffrey M. Stork, Jay Wainwright, William Blair & CO., Greg Wooley.Document filed by Benjamin Giunta. Related document: [1] Complaint. Received in night deposit box on 9/10/04 at 5:28 p.m.(db, ) (Entered: 09/14/2004) 10/12/ NOTICE OF MOTION (FILED ON SERVICE DATE) to Dismiss Third Consolidated Amended Complaint. Document filed by William Blair & CO.. (jmi, ) (Entered: 10/19/2004) 10/12/ MEMORANDUM OF LAW in Support re: [39] MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by William Blair & CO.. (jmi, ) (Entered: 10/19/2004) 10/13/ MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Cosi,

12 Inc.. jmi, ) (Entered: 10/14/2004) 10/13/ MEMORANDUM OF LAW in Support re: [37] MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Cosi, Inc.. (jmi, ) (Entered: 10/14/2004) 01/14/ REPLY MEMORANDUM OF LAW in Support re: [39] MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Cosi, Inc.. Filed In Associated Cases: 1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK(jmi, ) (Entered: 01/20/2005) 01/14/ DECLARATION of Martin L. Seidel in Further Support of re: [39] MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Cosi, Inc.. Filed In Associated Cases: 1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK(jmi, ) Modified on 1/20/2005 (jmi, ). (Entered: 01/20/2005) 01/14/ REPLY MEMORANDUM OF LAW in Support of Eilliam Blair & Company L.L.C.'S re: [39] MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by William Blair & CO.. Filed In Associated Cases: 1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK(jmi, ) (Entered: 01/20/2005) 06/08/ ORDER: the plaintiffs should provide the Court with a copy of the Third Amended Complaint by 6/10/05. (Signed by Judge John G. Koeltl on 6/7/05) (kw, ) (Entered: 06/09/2005) 07/14/ NOTICE of of Supplemental Authority by the Cosi s in Support of their Motion to Dismiss the third Consolidated Amended Class Action Complaint; Document filed by Cosi, Inc.. (djc, ) (Entered: 07/18/2005) 07/28/ OPINION AND ORDER;# re: [39] MOTION (FILED ON SERVICE DATE) to Dismiss. That the third amended complaint is dismissed in its entirety. The clerk is directed to enter judgment and to close this case. filed by William Blair & CO. (Signed by Judge John G. Koeltl on 7/27/05) (pl, ) Modified on 8/2/2005 (sgu, ). (Entered: 07/29/2005) 07/28/2005 Transmission to Judgments and Orders Clerk. Transmitted re: 46 Memorandum & Opinion, to the Judgments and Orders Clerk for preparation of Judgment. (pl, ) (Entered: 07/29/2005) 07/29/ CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated July 27, 2005, defendants? motions to dismiss are granted and the third amended complaint is dismissed in its entirety; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 7/29/05) Filed In Associated Cases: 1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK,1:03-cv JGK(ml, ) (Entered: 08/02/2005) 08/03/2005 Mailed notice of Right to Appeal re: [47] Clerk's Judgment, and to Attorney(s) of Record: Jill Sharyn Abrams, Walter C. Carlson, Linton J. Childs, Mark Casser

13 Gardy, Lester L. Levy, Sr, Gregory Arthur Markel, Donald Carroll Moss, Laurence D. Paskowitz, Chad W. Pekron, David Avi Rosenfeld, Samuel Howard Rudman, Martin L. Seidel, Andrew W. Stern, Gina M Tufaro. (lma, ) (Entered: 08/03/2005) 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