U.S. District Court District of New Jersey (Newark) CIVIL DOCKET FOR CASE #: 2:05-cv KSH-PS
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1 US District Court Civil Docket as of 07/19/2007 Retrieved from the court on Thursday, August 23, 2007 U.S. District Court District of New Jersey (Newark) CIVIL DOCKET FOR CASE #: 2:05-cv KSH-PS COHEN et al v. AVIV et al Assigned to: Judge Katharine S. Hayden Referred to: Magistrate Judge Patty Shwartz Member cases: 2:05-cv KSH-PS 2:05-cv KSH-PS 2:05-cv KSH-PS 2:05-cv KSH-PS 2:05-cv KSH-PS 2:05-cv KSH-PS 2:05-cv KSH-PS 2:05-cv KSH-PS 2:05-cv KSH-PS Cause: 15:78m(a) Securities Exchange Act Date Filed: 01/19/2005 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question In Re IN RE PHARMOS SECURITIES LITIGATION Meyers Group represented by DANIELLE ABOUZEID KEEFE BARTELS 830 BROAD STREET SHREWSBURY, NJ (732) Pharmos Lead Plaintiff Group represented by PATRICK LOUIS ROCCO SHALOV, STONE, BONNER & ROCCO, LLP 65 MADISON AVENUE SUITE 333 MORRISTOWN, NJ (973)
2 Fax: (973) Beverly Wheeler Witham represented by DANIEL S. SOMMERS COHEN, MILSTEIN, HAUSFELD & TOLL, PLLC 1100 NEW YORK AVENUE, NW SUITE 500 WEST WASHINGTON, DC (202) ADAM T. SAVETT MEHRI & SKALET, PLLC 1250 CONNECTICUT AVENUE NW SUITE 300 WASHINGTON, DC (202) TERMINATED: 09/26/2005 Golden Gate Group represented by JOSEPH J. DEPALMA LITE, DEPALMA, GREENBERG & RIVAS, LLC TWO GATEWAY CENTER 12TH FLOOR NEWARK, NJ (973) Golden Gate Group ABRAHAM BAURBERG represented by GARY S. GRAIFMAN KANTROWITZ, GOLDHAMER & GRAIFMAN, ESQS. 210 SUMMIT AVENUE MONTVALE, NJ (201)
3 ARIE EDELSBERG represented by GARY S. GRAIFMAN AMNON GERBERG represented by GARY S. GRAIFMAN SUKHWINDER SIDHU represented by GARY S. GRAIFMAN PAMELA ST. JOHN represented by GARY S. GRAIFMAN SUPERLIGHT INVESTMENTS CORP. represented by GARY S. GRAIFMAN BARBARA SZABO represented by GARY S. GRAIFMAN STEPHEN SZABO represented by GARY S. GRAIFMAN The Slivko Group represented by PETER S. PEARLMAN COHN, LIFLAND, PEARLMAN,
4 HERRMANN & KNOPF, LLP PARK 80 PLAZA WEST ONE SADDLE BROOK, NJ (201) Aryodan Group represented by PAMELA E. KULSRUD KIRBY MCINERNEY LLP 830 THIRD AVENUE 10TH FLOOR NEW YORK, NY (212) Plaintiff SHLOMI COHEN represented by PAMELA E. KULSRUD Plaintiff ISRAEL MANELA represented by PAMELA E. KULSRUD Plaintiff ELI MORE individually and on behalf of all others similarly situated represented by PAMELA E. KULSRUD Plaintiff Elizabeth Louise Arcaro represented by JEAN-MARC ZIMMERMAN ZIMMERMAN, LEVI & KORSINSKY LLP 226 ST. PAUL STREET WESTFIELD, NJ (908)
5 PAMELA E. KULSRUD Consol Plaintiff JOHN GOODMAN represented by JEAN-MARC ZIMMERMAN Consol Plaintiff ALEX RYVKIN individually and on behalf of all others similarly situated represented by DANIEL S. SOMMERS ADAM T. SAVETT TERMINATED: 09/26/2005 Consol Plaintiff JEFFREY SERLE represented by CHRISTOPHER A. SEEGER SEEGER WEISS, LLP 550 BROAD STREET NEWARK, NJ (973) Consol Plaintiff RICHARD J. RINGEL represented by JOANNE M. CICALA KIRBY MCINERNEY & SQUIRE, LLP 830 THIRD AVENUE 10TH FLLOR NEW YORK, NY Consol Plaintiff ALEX GINZBURG represented by JOANNE M. CICALA
6 Consol Plaintiff ROBERT SIMONE on Behalf of Himself and All Others Similarily Situated represented by PETER S. PEARLMAN Consol Plaintiff JEREMY GOVERMAN represented by GARY S. GRAIFMAN V. Defendant HAIM AVIV represented by DOUGLAS S. BRIERLEY SCHENCK, PRICE, SMITH & KING, ESQS. 10 WASHINGTON STREET PO BOX 905 MORRISTOWN, NJ (973) Defendant GAD RIESENFELD represented by DOUGLAS S. BRIERLEY Defendant PHARMOS CORP. represented by DOUGLAS S. BRIERLEY Date Filed # Docket Text
7 01/19/ COMPLAINT against HAIM AVIV, GAD RIESENFELD, PHARMOS CORP. ( Filing fee $ 150 receipt number ) JURY DEMAND, filed by SHLOMI COHEN, ISRAEL MANELA, ELI MORE.(dr, ) (Entered: 01/20/2005) 01/20/2005 Summons Issued as to HAIM AVIV, GAD RIESENFELD, PHARMOS CORP..Days Due - 20.Mailed to Counsel(dr, ) (Entered: 01/20/2005) 02/25/ STIPULATION AND ORDER directing that Heller, Horowitz & Feit, P.C. is authorized to accept service of the complt. on bahalf of Pharmos. Signed by Judge Patty Shwartz on 02/22/05. (nr, ) (Entered: 02/28/2005) 03/24/ MOTION to Appoint Counsel, MOTION to Consolidate Cases by Meyers Group. (Attachments: # 1 Brief In Support of Motion of Meyers Group for Consolidation and For Appointment of Lead Plaintiff, Lead Counsel and Liaison Counsel# 2 Certificate of Service # 3 Text of Proposed Order # 4 Affidavit of Richard A. Speirs In Support of Motion# 5 Exhibit Exhibit A - Simone Complaint# 6 Exhibit Exhibit B - First Notice# 7 Exhibit Exhibit C - Certification of Jonathan D. Meyers# 8 Exhibit Exhibit C - Certification of Richard A. Meyers# 9 Exhibit Exhibit D - Meyers Group Estimated Loss Chart# 10 Exhibit Exhibit E - Firm Resume of Zwerling, Schachter & Zwerling, LLP# 11 Exhibit Exhibit F - Lynch Martin Firm Resume)(ABOUZEID, DANIELLE) (Entered: 03/24/2005) 03/25/ MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff by Pharmos Lead Plaintiff Group. (ROCCO, PATRICK) (Entered: 03/25/2005) 03/25/ BRIEF in Support re 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff filed by Pharmos Lead Plaintiff Group. (ROCCO, PATRICK) (Entered: 03/25/2005) 03/25/ Certification of Patrick L. Rocco on behalf of Pharmos Lead Plaintiff Group Re 4 Motion to Appoint Counsel, 5 Brief in Support of Motion. (Attachments: # 1 Exhibit A to Rocco Certification# 2 Exhibit B to Rocco Certification# 3 Exhibit C to Rocco Certification# 4 Exhibit D to Rocco Certification# 5 Exhibit E to Rocco Certification# 6 Exhibit F to Rocco Certification)(ROCCO, PATRICK) (Entered: 03/25/2005) 03/25/ Proposed Pretrial Order Consolidating the Actions, Appointing Lead Plaintiff, and Approving Selection of Lead Counsel by Pharmos Lead Plaintiff Group. (ROCCO, PATRICK) (Entered: 03/25/2005) 03/25/ CERTIFICATE OF SERVICE by Pharmos Lead Plaintiff Group re 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff, 5 Brief in Support of Motion, 6 Certification,, 7 Proposed Pretrial Order Consolidating the Actions, Appointing Lead Plaintiff, and Approving Selection of Lead Counsel and Liaison Counsel (ROCCO, PATRICK) (Entered: 03/25/2005) 03/25/ MOTION to Appoint Counsel Motion To Appoint Lead Plaintiff by Elizabeth Louise Arcaro. (Attachments: # 1 Brief Lead Plainitff Memo# 2 Proposed Order# 3 Certificate of Service)(ZIMMERMAN, JEAN-MARC) (Entered: 03/25/2005) 03/25/ MOTION to Appoint Counsel Declaration of Jeffrey C. Block by Elizabeth Louise Arcaro. (Attachments: # 1 Exhibit Exhibits A-D# 2 Exhibit Exhibit E1# 3 Exhibit Exhibit E2# 4 Exhibit Exhibit F)(ZIMMERMAN, JEAN-MARC) (Entered:
8 03/25/2005) 03/25/ MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases by Beverly Wheeler Witham. (Attachments: # 1 Brief # 2 Affidavit Savett Declaration# 3 Exhibit A- Notice# 4 Exhibit B- Certification# 5 Exhibit C- Summary of Losses# 6 Exhibit D- Firm Resume# 7 Text of Proposed Order # 8 Certificate of Service)(SAVETT, ADAM) (Entered: 03/25/2005) 03/25/ MOTION to Appoint Counsel and Lead Plaintiff by Golden Gate Group, Golden Gate Group. (Attachments: # 1 Brief MEMORANDUM OF LAW IN SUPPORT OF MOTION OF THE GOLDEN GATE GROUP FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S CHOICE OF COUNSEL# 2 DECLARATION OF ALLYN Z. LITE# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Text of Proposed Order # 9 CERTIFICATE OF SERVICE)(DEPALMA, JOSEPH) (Entered: 03/25/2005) 03/25/ MOTION to Appoint Counsel, Appoint the Szabo Group as Lead Plaintiffs and Consolidate Cases by ABRAHAM BAURBERG, ARIE EDELSBERG, AMNON GERBERG, SUKHWINDER SIDHU, PAMELA ST. JOHN, SUPERLIGHT INVESTMENTS CORP., BARBARA SZABO, STEPHEN SZABO. (Attachments: # 1 Declaration of Aaron Brody# 2 Brief Memorandum of Law In Support of Motion for Consolidation and Selection of Lead Plaintiffs and Lead Counsel# 3 Text of Proposed Order Proposed Order for Consolidation and Selection of Lead Plaintiffs and Lead Counsel# 4 Cover Letter to Clourt Clerk with Motion Papers for Consolidation and Selection of Lead Plaintiffs and Lead Counsel# 5 Certificate of Service of Motion Papers for Consolidation and Selection of Lead Plaintiffs and Lead Counsel)(GRAIFMAN, GARY) (Entered: 03/25/2005) 03/25/ MOTION to Appoint Counsel Appointing the Slivko Group as Lead Plaintiff and Approving Lead Plaintiff's Choice of Lead Counsel by The Slivko Group. (Attachments: # 1 Brief # 2 PSP Declaration 1# 3 Declaration 2# 4 Declaration 3# 5 Text of Proposed Order # 6 Certificate of Service)(PEARLMAN, PETER) (Entered: 03/25/2005) 03/25/2005 Set Deadlines as to 14 MOTION to Appoint Counsel Appointing the Slivko Group as Lead Plaintiff and Approving Lead Plaintiff's Choice of Lead Counsel, 9 MOTION to Appoint Counsel Motion To Appoint Lead Plaintiff, 15 MOTION to Appoint Counsel MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group), 10 MOTION to Appoint Counsel Declaration of Jeffrey C. Block, 11 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases, 12 MOTION to Appoint Counsel and Lead Plaintiff, 3 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases, 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff, 13 MOTION to Appoint Counsel, Appoint the Szabo Group as Lead Plaintiffs and Consolidate Cases. Motion Hearing set for 04/25/05 10:00 AM before Judge Katharine S. Hayden. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) Modified on 3/30/2005 (nr, ). (Entered: 03/29/2005)
9 03/25/2005 Set Deadlines as to 14 MOTION to Appoint Counsel Appointing the Slivko Group as Lead Plaintiff and Approving Lead Plaintiff's Choice of Lead Counsel, 9 MOTION to Appoint Counsel Motion To Appoint Lead Plaintiff, 15 MOTION to Appoint Counsel MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group), 10 MOTION to Appoint Counsel Declaration of Jeffrey C. Block, 11 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases, 12 MOTION to Appoint Counsel and Lead Plaintiff, 3 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases, 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff, 13 MOTION to Appoint Counsel, Appoint the Szabo Group as Lead Plaintiffs and Consolidate Cases. Motion Hearing set for 4/25/ :00 AM before Judge Katharine S. Hayden. (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (nr, ) (Entered: 04/07/2005) 03/28/ MOTION to Appoint Counsel, MOTION to Consolidate Cases (Aryodan Group) by SHLOMI COHEN, ISRAEL MANELA, ELI MORE. (Attachments: # 1 Memorandum of Law in Support of Motion of the Aryodan Group for consolidation and appointment of Lead Plaintiff# 2 Affidavit of Ira M. Press in Support of the Motion of Aryodan Group for Appointment of as Lead Plaintiff and for Approval of its Selection of Lead Counsel# 3 Exhibit C and D to the Affidavit of Ira M. Press in Support of the Motion of the Aryodan Group for Appointment as Lead Plaintiff and for Approval of its Selection of Lead Counsel# 4 Proposed Order Consolidating Related Actions, Appointing Lead Plaintiff and Approving Lead Plaintiff's Selection of Counsel# 5 Affidavit of Service of Notice of Motion, Affidavit of Ira M. Press, Memorandum in Support of Motion, and Proposed Order.)(KULSRUD, PAMELA) (Entered: 03/28/2005) 04/01/ MOTION for Ira M. Press to appear pro hac vice by SHLOMI COHEN, ISRAEL MANELA, Elizabeth Louise Arcaro, ELI MORE. (Attachments: # 1 Certf. of Joanne M. Cicala# 2 Certf. of Ira M. Press# 3 P/O)(nr, ) (Entered: 04/06/2005) 04/01/2005 Set Deadlines as to 18 MOTION for Leave to Appear Ira M. Press. Motion Hearing set for 4/25/ :00 AM before Judge Katharine S. Hayden. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 04/06/2005) 04/04/ ORDER directing that no later than 4/6/05 each movant shall provide the information called for in the attached chart to the local counsel in Civil no , etc.. Signed by Judge Patty Shwartz on 03/31/05. (nr, ) (Entered: 04/05/2005) 04/05/ NOTICE by Beverly Wheeler Witham re 11 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases OF WITHDRAWAL OF MOTION BY BEVERLY WHEELER WITHAM FOR THE CONSOLIDATION OF ALL RELATED ACTIONS, TO BE APPOINTED LEAD PLAINTIFF AND FOR THE APPROVAL OF HER SELECTION OF LEAD COUNSEL (Attachments: # 1 Certificate of Service)(SAVETT, ADAM) (Entered: 04/05/2005) 04/05/ AMENDED ORDER re: submissions, etc. Signed by Judge Patty Shwartz on 4/5/05. (aa, ) (Entered: 04/07/2005)
10 04/11/2005 Motions No Longer Referred: 3 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases, 12 MOTION to Appoint Counsel and Lead Plaintiff, 9 MOTION to Appoint Counsel Motion To Appoint Lead Plaintiff, 14 MOTION to Appoint Counsel Appointing the Slivko Group as Lead Plaintiff and Approving Lead Plaintiff's Choice of Lead Counsel, 15 MOTION to Appoint Counsel MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group), 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff, 10 MOTION to Appoint Counsel Declaration of Jeffrey C. Block, 11 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases, 13 MOTION to Appoint Counsel, Appoint the Szabo Group as Lead Plaintiffs and Consolidate Cases (RG, ) (Entered: 04/11/2005) 04/11/ RESPONSE to Motion re 12 MOTION to Appoint Counsel and Lead Plaintiff filed by Golden Gate Group. (Attachments: # 1 Certificate of Service)(DEPALMA, JOSEPH) (Entered: 04/11/2005) 04/11/ NOTICE by The Slivko Group re 3 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases, 12 MOTION to Appoint Counsel and Lead Plaintiff, 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff, 13 MOTION to Appoint Counsel, Appoint the Szabo Group as Lead Plaintiffs and Consolidate Cases, 9 MOTION to Appoint Counsel Motion To Appoint Lead Plaintiff, 15 MOTION to Appoint Counsel MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group), 11 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases The Slivko Group's Notice of Non-Opposition to the Competing Motions for Appointment of Lead Plaintiff (Attachments: # 1 Certificate of Service)(PEARLMAN, PETER) (Entered: 04/11/2005) 04/11/ RESPONSE in Opposition re 3 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases, 12 MOTION to Appoint Counsel and Lead Plaintiff, 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff, 13 MOTION to Appoint Counsel, Appoint the Szabo Group as Lead Plaintiffs and Consolidate Cases, 9 MOTION to Appoint Counsel Motion To Appoint Lead Plaintiff, 14 MOTION to Appoint Counsel Appointing the Slivko Group as Lead Plaintiff and Approving Lead Plaintiff's Choice of Lead Counsel, 11 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases filed by Aryodan Group. (KULSRUD, PAMELA) (Entered: 04/11/2005) 04/11/ BRIEF in Opposition re 3 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases, 12 MOTION to Appoint Counsel and Lead Plaintiff, 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff, 13 MOTION to Appoint Counsel, Appoint the Szabo Group as Lead Plaintiffs and Consolidate Cases, 14 MOTION to Appoint Counsel Appointing the Slivko Group as Lead Plaintiff and Approving Lead Plaintiff's Choice of Lead Counsel, 15
11 MOTION to Appoint Counsel MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group), 11 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases filed by Elizabeth Louise Arcaro. (Attachments: # 1 # 2 # 3)(ZIMMERMAN, JEAN- MARC) (Entered: 04/11/2005) 04/11/ BRIEF in Opposition re 12 MOTION to Appoint Counsel and Lead Plaintiff, 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff, 13 MOTION to Appoint Counsel, Appoint the Szabo Group as Lead Plaintiffs and Consolidate Cases, 9 MOTION to Appoint Counsel Motion To Appoint Lead Plaintiff, 14 MOTION to Appoint Counsel Appointing the Slivko Group as Lead Plaintiff and Approving Lead Plaintiff's Choice of Lead Counsel, 15 MOTION to Appoint Counsel MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group), 10 MOTION to Appoint Counsel Declaration of Jeffrey C. Block, 11 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases filed by Meyers Group. (Attachments: # 1 Certificate of Service Re. Memo of Law of The Meyers Group In Opposition to the Competing Motions for Consolidation and for Appointment of Lead Plaintiff, Lead Counsel and Liason Counsel)(ABOUZEID, DANIELLE) (Entered: 04/11/2005) 04/11/ BRIEF in Opposition re 3 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases, 12 MOTION to Appoint Counsel and Lead Plaintiff, 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff, 9 MOTION to Appoint Counsel Motion To Appoint Lead Plaintiff, 14 MOTION to Appoint Counsel Appointing the Slivko Group as Lead Plaintiff and Approving Lead Plaintiff's Choice of Lead Counsel, 15 MOTION to Appoint Counsel MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group), 10 MOTION to Appoint Counsel Declaration of Jeffrey C. Block, 11 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases filed by BARBARA SZABO, STEPHEN SZABO. (Attachments: # 1 Declaration of Aaron Brody with Exhibits# 2 Certificate of Service)(GRAIFMAN, GARY) (Entered: 04/11/2005) 04/12/ ORDER granting 18 Motion for Ira M. Press to appear pro hac vice.. Signed by Judge Patty Shwartz on 04/11/05. (nr, ) (Entered: 04/13/2005) 04/15/ MOTION for Leave to Appear Pro Hac Vice by Meyers Group. (Attachments: # 1 Certification of Patrick J. Bartels# 2 Certification of Richard A. Speirs# 3 Text of Proposed Order # 4 Certificate of Service)(ABOUZEID, DANIELLE) (Entered: 04/15/2005) 04/15/2005 Set Deadlines as to 27 MOTION for Leave to Appear Pro Hac Vice. Motion Hearing set for 5/9/ :00 AM before Judge Katharine S. Hayden. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 04/22/2005)
12 04/18/ REPLY to Response to Motion re 3 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases MOTION to Consolidate Cases, 12 MOTION to Appoint Counsel and Lead Plaintiff, 4 MOTION to Appoint Counsel, Consolidation, and Appointment of Lead Plaintiff, 13 MOTION to Appoint Counsel, Appoint the Szabo Group as Lead Plaintiffs and Consolidate Cases, 9 MOTION to Appoint Counsel Motion To Appoint Lead Plaintiff, 14 MOTION to Appoint Counsel Appointing the Slivko Group as Lead Plaintiff and Approving Lead Plaintiff's Choice of Lead Counsel, 15 MOTION to Appoint Counsel MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group), 10 MOTION to Appoint Counsel Declaration of Jeffrey C. Block, 11 MOTION to Appoint Counsel, Appoint Lead Plaintiff, and Consolidate Cases filed by Meyers Group. (Attachments: # 1 Certificate of Service)(ABOUZEID, DANIELLE) (Entered: 04/18/2005) 04/18/ REPLY to Response to Motion re 15 MOTION to Appoint Counsel MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) MOTION to Consolidate Cases (Aryodan Group) filed by Aryodan Group. (KULSRUD, PAMELA) (Entered: 04/18/2005) 04/18/ AFFIDAVIT of Pamela E. Kulsrud re 29 Reply to Response to Motion, by Aryodan Group. (KULSRUD, PAMELA) (Entered: 04/18/2005) 04/18/ AFFIDAVIT of Service for The Aryodan Group's Reply Memorandum in Further Support of Motion to Appoint Lead Plaintiff; Affidavit of Pamela E. Kulsrud in Further Support of Motion to Appoint Lead Plaintiff served on All Parties on 4/18/05, filed by Aryodan Group. (KULSRUD, PAMELA) (Entered: 04/18/2005) 04/18/ BRIEF in Support re 13 MOTION to Appoint Counsel, Appoint the Szabo Group as Lead Plaintiffs and Consolidate Cases filed by BARBARA SZABO, STEPHEN SZABO. (Attachments: # 1 Certificate of Service)(GRAIFMAN, GARY) (Entered: 04/18/2005) 04/27/ ORDER granting 27 Motion for Richard A. Speirs to appear pro hac vice. Signed by Judge Patty Shwartz on 04/26/05. (nr, ) (Entered: 04/28/2005) 05/24/ ORDER granting 3 Motion to Consolidate Cases, granting 9 to consolidate case, granting 11 to consolidate cases, granting 12 to consolidate cases, granting 13 motion to consolidate cases, granting 14 motion to consolidate cases, granting 15 motion to consolidate cases with civil nos , , , , , , , , , and for all purposes; Civil no shall be the lead case and the caption of the case is "In re Pharmos Securities Litigation"; and no further motions will be filed without leave of Court.. Signed by Judge Patty Shwartz on 05/23/05. (nr, ) (Entered: 05/24/2005) 05/31/ STIPULATION AND ORDER extending deft. Pharmos Corporation, Haim Aviv, Gad Riesenfeld, Mony Ben Dot, Elkan R. Gamzu AND Lawrence F. Marshall's time to answer the complt.. Signed by Judge Patty Shwartz on 05/26/05. (nr, ) (Entered: 06/03/2005) 06/09/ ORDER re motions by proposed lead pltfs. for consolidation, appointment of lead
13 pltf., and approval of lead counsel, etc; setting Oral argument set for 6/20/ :30 PM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz. Signed by Judge Patty Shwartz on 6/9/05. (aa, ) (Entered: 06/16/2005) 06/16/2005 THE COURT WILL ADJOURN THE 6/20/05 HEARING AND WILL ADVISE COUNSEL OF A NEW DATE. (aa, ) (Entered: 06/16/2005) 06/17/ ORDER directing the movant's that no later than June 23, 2005 they shall submit to the undersigned a letter of no more than 5 pages setting forth (1) pre-litigation relationship of the pltfs. within the respective group, etc.. Signed by Judge Patty Shwartz on 06/16/05. (nr, ) (Entered: 06/21/2005) 06/20/ MOTION to Withdraw 5 Brief in Support of Motion, 6 Certification, by Pharmos Lead Plaintiff Group. (Attachments: # 1 Certificate of Service)(ROCCO, PATRICK) (Entered: 06/20/2005) 06/20/2005 Set Deadlines as to 37 MOTION to Withdraw 5 Brief in Support of Motion, 6 Certification,. Motion Hearing set for 7/25/ :00 AM before Judge Katharine S. Hayden. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 07/01/2005) 06/23/ Letter from Ira M. Press in response to the Court's June 16, 2005 order. (KULSRUD, PAMELA) (Entered: 06/23/2005) 06/23/ Letter from Joseph J. DePalma. (DEPALMA, JOSEPH) (Entered: 06/23/2005) 06/23/ Letter from Joseph J. DePalma. (DEPALMA, JOSEPH) (Entered: 06/23/2005) 06/23/ NOTICE by BARBARA SZABO, STEPHEN SZABO of Withdrawal of the Motion of the Szabo Group for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel (Attachments: # 1 Letter to Clerk# 2 Certification of Service with Service List)(GRAIFMAN, GARY) (Entered: 06/23/2005) 06/27/ MOTION for Reconsideration re 34 Order on Motion to Appoint Counsel,,, Order on Motion to Consolidate Cases,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by JEFFREY SERLE. (Attachments: # 1 Certificate of Service)(SEEGER, CHRISTOPHER) (Entered: 06/27/2005) 06/27/2005 Set Deadlines as to 43 MOTION for Reconsideration re 34 Order on Motion to Appoint Counsel,,, Order on Motion to Consolidate Cases,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Motion Hearing set for 7/25/ :00 AM before Judge Katharine S. Hayden. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 07/01/2005) 06/27/ Certification of DOUGLAS S. BRIERLY RE pro hac vice (nr, ) (Entered: 07/12/2005) 06/27/ Certification of Joel C. Haims re pro hac vice. (nr, ) (Entered: 07/12/2005) 06/27/ Certification of Criag B. Whitney re pro hac vice. (nr, ) (Entered: 07/12/2005) 07/07/ Letter from Joseph J. DePalma. (Attachments: # 1 Certification of Joseph J. DePalma# 2 Certification of Jeffrey S. Nobel)(DEPALMA, JOSEPH) (Entered:
14 07/07/2005) 07/11/2005 Minute Entry for proceedings held before Judge Patty Shwartz : Motion Hearing held on 7/11/2005 re 43 MOTION for Reconsideration re 34 Order on Motion to Appoint Counsel,,, Order on Motion to Consolidate Cases, filed by JEFFREY SERLE,. (Tape #S05-9.) (aa, ) (Entered: 07/26/2005) 07/12/ Letter from Ira M. Press. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(KULSRUD, PAMELA) (Entered: 07/12/2005) 07/12/ ORDER on application for admission of Joel C. Halms and Craig B. Whitney to appear pro hac vice for defendants. Signed by Judge Patty Shwartz on 7/11/05. (cs, ) (Entered: 07/13/2005) 07/12/ ORDER granting application for pro hac vice admission of Jeffrey S. Nobel. Signed by Judge Patty Shwartz on 07/11/05. (nr, ) (Entered: 07/13/2005) 07/13/ ORDER denying 43 Motion for Reconsideration of Court's order of 5/23/05; Clarifying May 23, 2005 Order to reflect that (Serle v. Aviv) Civil Action No is consolidated w/civil Action for pretrial pruposes only; Reopening Civ. No and making notation that it is related to Civil Action No ; denying pltf's motion for consolidation of subsequently filed shareholder derivative actions w/out prejudice; denying pltf's motion for appointment of lead plaintiff and approval of lead counsel in the shareholder derivative action w/out prejudice and for all other terms of the orders dated 5/23/05 and 7/11/05 shall remain in full force and effect.. Signed by Judge Patty Shwartz on 7/11/05. (cs, ) Modified on 7/13/2005 (cs, ). (Entered: 07/13/2005) 07/18/ ORDER granting motion of the Aryodan for appt. of Lead counsel; appointing the law firm of Kirby, McInerney & Squire as lead counsel; denying motion of deft. Golden Gate & Meyers; withdrawing the motions of Beverly Wheeler Whitman, Elizabeth Louise Arcaro, and the Szabo, Ginzburg, and Slivko Groups; directing that the amended complt. be filed by 9/6/05; etc.. Signed by Judge Patty Shwartz on 07/15/05. (nr, ) (Entered: 07/20/2005) 08/22/ ORDER denying parties' appl. to stay the motion practice in the Derivative Action and the dates set forth in the dated 7/15/2005 shall remain in effect. Signed by Judge Patty Shwartz on 8/19/2005. (mn, ) (Entered: 08/22/2005) 08/30/ ORDER on informal application denying request for reconsideration of order dated Aug. 19, Signed by Judge Patty Shwartz on 08/29/05. (nr, ) (Entered: 08/31/2005) 08/30/ ORDER on informal application denying request to reconsider the order of Aug. 19, 2005, etc.. Signed by Judge Patty Shwartz on 08/29/05. (nr, ) (Entered: 09/01/2005) 09/06/ AMENDED COMPLAINT (Amended Shareholder Derivative Complaint) against all defendants all defendants., filed by JEFFREY SERLE. (Attachments: # 1 Certificate of Service)(SEEGER, CHRISTOPHER) (Entered: 09/06/2005) 09/06/ AMENDED COMPLAINT First Amended and Consolidated Class Action Complaint against HAIM AVIV, GAD RIESENFELD, PHARMOS CORP., filed by Aryodan Group. (Attachments: # 1 Certificate of Service)(KULSRUD,
15 PAMELA) (Entered: 09/06/2005) 09/19/2005 CLERKS OFFICE) QUALITY CONTROL MESSAGE - The Amended complt. doc. # 57 submitted by P. Kulsrud on 9/6/05 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE BY 9/22/05. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (nr, ) Modified on 9/20/2005 (nr, ). Modified on 9/20/2005 (nr, ). (Entered: 09/19/2005) 09/20/ AMENDED COMPLAINT First Amended and Consolidated Class Action Complaint (resubmitted) against HAIM AVIV, GAD RIESENFELD, PHARMOS CORP., filed by Aryodan Group.(KULSRUD, PAMELA) (Entered: 09/20/2005) 09/20/2005 Pro Hac Vice fee: $ 150, receipt number RE Joel C. Haims & Craig B. Whitney (nr, ) (Entered: 09/22/2005) 09/26/ Substitution of Attorney - Attorney DANIEL S. SOMMERS and DANIEL S. SOMMERS for Beverly Wheeler Witham added. Attorney ADAM T. SAVETT terminated.. (Attachments: # 1 Certificate of Service)(SOMMERS, DANIEL) (Entered: 09/26/2005) 09/28/ REVISED SCHEDULING ORDER resetting deadline on deft's motion to dismiss. Signed by Judge Patty Shwartz on 09/23/05. (nr, ) (Entered: 09/29/2005) 09/30/ ORDER on informal application setting return date on motions to dismiss for 2/27/2006 and all other terms of the orders dated 7/15/2005 and 9/23/2005 shall remain in effect. Signed by Judge Patty Shwartz on 9/30/2005. (mn, ) (Entered: 10/04/2005) 11/18/ Certification of Certf. of Douglas S. Brierley on behalf of defts. re pro hac vice admission (Attachments: # 1 Certf. of Jack C. Auspitz# 2 Serv. of certf.)(nr, ) (Entered: 11/18/2005) 11/18/ ORDER on informal application granting pro hac vice admission of Jack C. Auspitz. Signed by Judge Patty Shwartz on 11/16/05. (nr, ) (Entered: 11/18/2005) 11/29/ MOTION to Dismiss by HAIM AVIV, GAD RIESENFELD, PHARMOS CORP.. Responses due by 1/20/2006 (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22)(BRIERLEY, DOUGLAS) (Entered: 11/29/2005) 11/29/2005 Set Deadlines as to 64 MOTION to Dismiss. Motion Hearing set for 2/27/ :00 AM before Judge Katharine S. Hayden. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 12/08/2005) 12/02/2005 Pro Hac Vice fee: $ 150, receipt number re Jack C. Auspitz, Esq. (nr, ) (Entered: 12/02/2005) 01/20/ RESPONSE in Opposition re 64 MOTION to Dismiss Plaintiffs' First Amended and Consolidated Class Action Complaint filed by Pharmos Lead Plaintiff Group. (KULSRUD, PAMELA) (Entered: 01/20/2006)
16 01/20/ DECLARATION of Pamela E. Kulsrud re 65 Response in Opposition to Motion to Dismiss Plaintiffs' First Amended and Consolidated Class Action Complaint by Pharmos Lead Plaintiff Group. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(KULSRUD, PAMELA) (Entered: 01/20/2006) 01/20/ CERTIFICATE OF SERVICE by Pharmos Lead Plaintiff Group re 66 Declaration,, 65 Response in Opposition to Motion to Dismiss Plaintiffs' First Amended and Consolidated Class Action Complaint (KULSRUD, PAMELA) (Entered: 01/20/2006) 02/10/ BRIEF in Support re 64 MOTION to Dismiss filed by PHARMOS CORP.. (Attachments: # 1 Affidavit Affidavit of Service# 2 Letter to Clerk)(BRIERLEY, DOUGLAS) (Entered: 02/10/2006) 04/14/ NOTICE by JEFFREY SERLE re 65 Response in Opposition to Motion to Dismiss - Notice of Recent Authorities (Attachments: # 1 Exhibit In re Biopure Corp.)(SEEGER, CHRISTOPHER) (Entered: 04/14/2006) 05/19/ NOTICE by HAIM AVIV, GAD RIESENFELD, PHARMOS CORP. Defendants' Notice of Recent Authorities (Attachments: # 1 Affidavit Affidavit of Service# 2 Statement Cover Letter)(BRIERLEY, DOUGLAS) (Entered: 05/19/2006) 05/25/ NOTICE by Pharmos Lead Plaintiff Group Plaintiffs' Notice of Recent Authorities (Attachments: # 1 Plaintiffs' Notice Part 2# 2 Plaintiffs' Notice Part 3# 3 Certificate of Service # 4 Statement Cover Letter)(KULSRUD, PAMELA) (Entered: 05/25/2006) 05/26/ NOTICE of RECENT AUTHORITIES by PHARMOS lead pltf. Group (Attachments: # 1 Cont. of notice of authority# 2 Certf. of serv.)(nr, ) Modified on 5/31/2006 (nr, ). (THIS DOCUMENT IS THE DUPLICATE OF DOC. NO. 71) Modified on 6/1/2006 (nr, ). (Entered: 05/31/2006) 05/30/ RESPONSE to Motion re 64 MOTION to Dismiss defendants response to plaintiffs' notice of recent authorities filed by HAIM AVIV, GAD RIESENFELD, PHARMOS CORP.. (Attachments: # 1 Affidavit affidavit of service# 2 Civil Cover Sheet cover letter to court)(brierley, DOUGLAS) (Entered: 05/30/2006) 06/19/ Letter from Joel Haims. (HAIMS, JOEL) (Entered: 06/19/2006) 06/29/ ORDER denying 64 Motion to Dismiss. Signed by Judge Katharine S. Hayden on 6/29/06. (RG, ) (Entered: 06/29/2006) 10/02/ ORDER on Informal Application granting pro hac vice admission as to William B. Federman. Signed by Judge Patty Shwartz on 9/29/06. (jd, ) (Entered: 10/03/2006) 01/22/ SCHEDULING ORDER setting Scheduling Conference for 2/16/ :00 AM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz. Signed by Judge Patty Shwartz on 1/22/07. (aa, ) (Entered: 01/23/2007) 01/25/ Letter from Joel C. Haims. (HAIMS, JOEL) (Entered: 01/25/2007) 02/02/ ORDER granting the request to vacate or stay enforcement of the Jan. 22,2007 order; adjourning conference previously scheduled to March 21, 2007 at 2:30p.m.; etc.. Signed by Judge Patty Shwartz on 02/02/2007. (nr, ) (Entered: 02/05/2007)
17 03/02/ NOTICE by Pharmos Lead Plaintiff Group of Change of Law Firm Name and Address (Attachments: # 1 Certificate of Service)(ROCCO, PATRICK) (Entered: 03/02/2007) 03/15/ ORDER granting request to modify the order of Feb. 2, 2007 resetting conference for March 21, Signed by Judge Patty Shwartz on 03/15/2007. (nr, ) (Entered: 03/16/2007) 04/20/ ORDER on informal application granting request to modify the orders dated Feb. 2, 2007 and March 15, 2007; Re-setting Scheduling Conference for 6/7/ :00 PM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 04/19/2007. (nr, ) (Entered: 04/23/2007) 04/20/ ORDER on informal application granting request to modify the Orders dated Feb. 2, 2007 and March 15, 2007; Scheduling Conference set for 6/7/ :00 PM before Magistrate Judge Patty Shwartz.. Signed by Judge Patty Shwartz on 04/19/2007. (nr, ) (Entered: 04/24/2007) 06/01/ Joint MOTION for Settlement for Preliminary Approval of Settlement by Aryodan Group. (KULSRUD, PAMELA) (Entered: 06/01/2007) 06/01/ MOTION for Settlement Memorandum of Law In Support of Motion for Preliminary Approval of the Settlement by Aryodan Group. (KULSRUD, PAMELA) (Entered: 06/01/2007) 06/01/ MOTION for Settlement Approval; Certification of Pamela E. Kulsrud in Support of Motion for Preliminary Settlement Approval by Aryodan Group. (Attachments: # 1 Affidavit Stipulation of Settlement and Exhibits)(KULSRUD, PAMELA) (Entered: 06/01/2007) 06/01/ CERTIFICATE OF SERVICE by Aryodan Group re 85 MOTION for Settlement Memorandum of Law In Support of Motion for Preliminary Approval of the Settlement, 84 Joint MOTION for Settlement for Preliminary Approval of Settlement, 86 MOTION for Settlement Approval; Certification of Pamela E. Kulsrud in Support of Motion for Preliminary Settlement Approval (KULSRUD, PAMELA) (Entered: 06/01/2007) 06/01/2007 Set Deadlines as to 88 Joint MOTION for Settlement Preliminary Settlement Approval. Motion Hearing set for 7/9/ :00 AM before Judge Katharine S. Hayden. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 06/08/2007) 06/04/ Joint MOTION for Settlement Preliminary Settlement Approval by Aryodan Group. (Attachments: # 1 Brief MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF THE SETTLEMENT# 2 Affidavit CERTIFICATION OF PAMELA E. KULSRUD IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT - Part 1# 3 Affidavit CERTIFICATION OF PAMELA E. KULSRUD IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT - Part 2# 4 Affidavit CERTIFICATION OF PAMELA E. KULSRUD IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT - Part 3)(KULSRUD, PAMELA) (Entered: 06/04/2007)
18 06/05/ LETTER ORDER cancelling the Rule 16 conference scheduled for June 7, Signed by Judge Patty Shwartz on 06/05/2007. (nr, ) (Entered: 06/06/2007) 07/19/ ORDER granting 88 Motion for Settlement. Signed by Judge Katharine S. Hayden on 7/18/07. (rg, ) (Entered: 07/19/2007) 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
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