General Docket US Court of Appeals for the Second Circuit Second Circuit Court of Appeals

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1 US Court of Appeals Docket as of 07/25/2005 Retrieved from the court on Wednesday, October 11, 2006 General Docket US Court of Appeals for the Second Circuit Second Circuit Court of Appeals Court of Appeals Docket #: cv Nsuit: 3850 STATUTES-Secur Comm Exchange Starr v. Georgeson Sharehold Filed: 4/21/04 Appeal from: SDNY (NEW YORK CITY) Case type information: Civil Private None Lower court information: District: 03-cv-1163 Trial Judge Louis L. Stanton MagJudge: Date Filed: 02/21/03 Date 4/15/2004 order/judgement: Date NOA filed: 4/20/2004 Fee status:paid Panel Assignment: Panel: WF RKW SS 40 Foley Sq. Rm 170 Date of decision 6/15/05 Prior cases: NONE Current cases: NONE Page: 1 Official Caption 1/ Docket No.: cv (L), cv (CON)*

2 ALLAN H. STARR, Executor of the Estate of Elizabeth Sampson, individually and on behalf of all others similarly situated, Plaintiff-Appellant, JAMES L. JEROME, on behalf of all others similarly situated, Consolidated-Plaintiff, v. GEORGE SHAREHOLDER, INC., GEORGESON SHAREHOLDER COMMUNICATIONS, INC. GEORGESON SHAREHOLDER SECURITIES CORP. and AT&T CORP., Defendants-Appellees. Page: Page: 3 Page: 4 James L. Jerome Consolidated-Plaintiff Lila T. Gavin Clinton A. Krislov Esq. Appellant [ LD ret ] Krislov & Associates, Ltd. 20 N. Wacker Dr. Chicago, IL, Georgeson Shareholder CommunicaEli R. Mattioli Esq. Defendant-Appellee [ LD ret ] Thelen Reid & Priest LLP

3 875 3rd Ave. New York, NY, Georgeson Shareholder SecuritieEli R. Mattioli Esq.(See above) Defendant-Appellee [ LD ret ] AT&T Corp. George Robert Hinckley Esq. Defendant-Appellee [ LD ret ] Traiger & Hinckley 880 3rd Ave. New York, NY, Page: 5 Georgeson Shareholder CommunicaM. Norman Goldberger Esq. Defendant-Appellee [ ret ] Wolf Block Schorr & Solis-Cohen 1650 Arch St. Philadelphia, PA, Georgeson Shareholder SecuritieM. Norman Goldberger Esq.(See abo Defendant-Appellee [ ret ] Georgeson Shareholder, Inc. M. Norman Goldberger Esq.(See abo Defendant-Appellee [ ret ] Allan H. Starr Peter R. Kahana Esq. Plaintiff-Appellant [ LD n ] Berger & Montague P.C Locust St. Philadelphia, PA, Page: 6 4/21/04 Copy of notice of appeal and district court docket entries on behalf of APPELLANT Allan Starr, filed. Forms C and D due on Monday, May 3, [TM] 4/21/04 Copy of receipt re: payment of docketing fee filed on behalf of APPELLANT Allan Starr, Receipt #: E [TM] 4/21/04 Copy of district court Memorandum Opinion, dated , RECEIVED. [TM]

4 4/21/04 Copy of district court Request for a Pre-Trial Conference, dated , RECEIVED. [TM] 4/21/04 Copy of district court Notice of Motion, dated , RECEIVED. [TM] 4/21/04 NOTE: See related case number: cv. [TM] 4/21/04 APPELLANT Allan Starr, Form C filed, with proof of service. [TM] 4/21/04 APPELLANT Allan Starr, Form D filed, with proof of service. [TM] 5/7/04 Notice of appeal acknowledgment letter from M. Norman Goldberger, Esq. for all Defendant-Appellants received. [TM] 5/13/04 Notice of appeal acknowledgment letter from Eli Mattioli received. [TM] Page: 7 5/13/04 Notice of appearance form on behalf of Eli Mattioli, Esq., filed. (Orig in acco, copy to Calendar) [TM] 5/20/04 Notice of appeal acknowledgment letter from Peter Kahana received. [TM] 5/28/04 Notice of appeal acknowledgment letter from Eli Mattioli received. [TM] 5/28/04 Notice of appearance form on behalf of Eli Mattioli, Esq., filed. (Orig in acco, copy to Calendar) [TM] 6/1/04 Scheduling order #1 filed. Record on appeal due 6/29/2004. Appellants brief due 7/6/2004. Appellees brief due 8/6/2004. Ready week 9/13/2004. (FS) [TM] 6/1/04 Pre-Argument Notice and Order from Frank J. Scardilli, Filed. Scheduled For: Tuesday, June 15, 2004 at 4:45 PM. [TM] 6/15/04 First pre-argument conference held by FS. [DP] 6/18/04 Letter dated , endorsed by Stephanie G. Wheeler, received. RE: Counsel for Appellee Vodafone Group writes to notify the Court that Vodafone is not a party to appeals no cv amd cv. Counsel also

5 writes to set forth their position as to whether the appeal in the Vodafone Action should be consolidated with or heard on the same date as the appeals in AT&T/Gavin Actions. Counsel submits that consoldiation is inappropriate, however they would not object to having the appeals heard by the same panel. (see letter) [TM] Page: 8 6/22/04 Notice of appearance form on behalf of M. NormanGoldberger, Esq., filed. (Orig in acco, copy to Calendar) for AT&T Corp. [TM] 6/24/04 Scheduling order #2 filed. Record on appeal due 7/15/2004. Appellants brief due 7/21/2004. Appellees brief due 8/31/2004. Ready week 10/12/2004. IT IS FURTHER RECOMMENDED that this appeal be heard in tandem with Starr v. Georgeson cv, subject to the approval of the presiding judge. (FS) [TM] 6/24/04 Notice to counsel re: Scheduling Order #2 filed on [TM] 6/24/04 Ordered that the following appeals cv (L) and cv will be heard in tandem. (see scheduling order #2 filed on June 24, 2004) [TM] 7/1/04 Letter dated , endorsed by Adam T. Savett, received. RE: Counsel writes to confirm that the Order in cv (CON) dismissing the consolidated appeal for failure to file Forms C and D was inadvertently entered and that on June 29, 2004 another order was entered vacating the June 24th Order. [TM] 7/15/04 Record on appeal index in lieu of record filed. [CI] 7/19/04 Scheduling order #3 filed. Appellants brief due 8/20/2004. Appellees brief due 9/20/2004. Ready week 11/1/2004. (FS) [CI] 7/20/04 Notice to counsel in re: Scheduling Order #3 filed July 19, [CI] Page: 9

6 8/2/04 Notice to counsel in re: Motion for dismissal set for September 14, [JC] 8/20/04 APPELLANT Allan Starr, brief with Special Appendix, FILED with proof of service. [TM] 8/20/04 APPELLANT Lila Gavin, brief with Special Appendix, FILED with proof of service. [TM] 8/20/04 APPELLANT'S Allan Starr and Lila Gavin, joint appendix (two volumes), filed w/pfs. [TM] 8/26/04 Letter dated , endorsed by Stephanie Wheeler, received. RE: Counsel writes to notify the Court, at the suggestion of Staff Counsel that cv Starr v. Georgeson and cv (L) should be heard in tandem. (see letter) [TM] 9/10/04 Notice to counsel in re: Motion set for September 28, 2004 on submission. [JC] 9/20/04 APPELLEE'S Georgeson Shareholder Communications, Inc. and Georgeson Shareholder Securities Corp., defective Appellees Brief, filed. Notice sent to party to correct by September 30, Problem: Counsel submitted two appellees briefs for the a bove-refernced parties. Counsel will need a motion for leave to file two appellees briefs for a single party. [TM] 9/20/04 APPELLEE AT&T Corp., defective Appellee's Brief, filed. Notice sent to party to correct by October 1, Problem: Counsel filed two briefs on behalf of AT&T Corp. Counsel will need to file a motion for leave to file two briefs on behalf of AT &T Corp. [TM] 9/20/04 APPELLEE'S Georgeson Shareholder Page: 10 Communications, Inc. and Georgeson Shareholder Securities Corp., defective Appellees Brief, filed. Notice sent to party to correct by [TM] 9/20/04 APPELLEE AT&T Corp., brief filed with proof of service. [TM] 9/20/04 APPELLEE'S Georgeson Shareholder Communications, Inc. and Georgeson

7 Shareholder Securities Corp., brief filed with proof of service. [TM] 9/30/04 Certified copy of the order filed on , issued to the district court. [TM] 9/30/04 Notice to counsel re: Motion Order filed on [TM] 9/30/04 Letter dated , endorsed by Brett Wiggins, received. RE: Counsel writes to notify the Court that the Appellees Georgeson Shareholder Communications Inc. and Georgeson Shareholder Securities Corporation adopt and join fully the arguments contained in the brief filed by Appellee AT&T Corp. Furthermore, in response to the notice received dated September 23, 2004, appellees Georgeson Shareholder Communications, Inc., Georegson Shareholder Securities Corporation and AT&T Corp. withdraw their joint brief titled "Brief for the Appellees (three parties) in opposition to the appeal of the Appellant Lila T. Gavin". [TM] 9/30/04 APPELLEE AT&T Corp., defective Appellees' Brief, cured. [TM] 9/30/04 APPELLEE'S Georgeson Shareholder Communications, Inc. and Georgeson Shareholder Securities Corp., defective Appellees' Brief, cured. [TM] Page: 11 10/4/04 APPELLANT Allan Starr, reply brief filed with proof of service. [TM] 10/8/04 APPELLANT Allan Starr, 28(J) letter received. [TM] 10/21/04 The CAPTION PAGE for this appeal has been AMENDED. [TM] 12/1/04 Letter dated , endorsed by Robert J. Saville, received. RE: Counsel for the Appellees writes to request that this appeal be heard in tandem with cv. [TM] 12/9/04 Set for argument on January 3, [JC] 12/30/04 APPELLANT Allan Starr, defective Motion for leave to supplement the record, filed. Notice sent to party to correct by Jan. 10, {Problem: missing affidavit in support and three copies

8 . [TM] 12/30/04 Peter R. Kahana's (defective) motion for admittance pro hac vice, received. {Problem: missing affidavit in support and the case was already heard} [TM] 12/30/04 Appellant Allan Starr motion supplement record on appeal, filed with proof of service. [TM] 12/30/04 Proposed Supplemental record on appeal, received. [TM] 12/30/04 Memorandum of law in support of the motion supplement record on appeal filed with proof Page: 12 of service. [TM] 1/3/05 Case heard before FEINBERG, WINTER, SOTOMAYOR, C.JJ CD DATE: 1/3/05 [RD] 1/4/05 APPELLANT Allan Starr, defective Motion to supplement the record, cured. [TM] 1/7/05 Appellees opposition to motion supplement record on appeal, filed with proof of service. [TM] 1/10/05 Notice to counsel re: Motion Order filed on [TM] 1/10/05 Order FILED DENYING motion supplement record on appeal by Appellant Allan Starr, endorsed on motion dated 12/30/2004. Before: Hon. Sonia Sotomayor, Circuit Judge. (TY) [TM] 6/15/05 Judgment of the district court is AFFIRMED by published signed opinion, filed. (WF) [TM] 6/15/05 Judgment filed. [TM] 6/15/05 Notice to counsel re: Opinion filed on [TM] 6/29/05 APPELLEES Georgeson Shareholder Communitcations, Inc., and Georgeson Shareholder Securities Corporation, itemized and verified bill of costs received, w/pfs. [TM] 7/7/05 Judgment MANDATE ISSUED. [TM] 7/7/05 Notice to counsel re: [TM]

9 Page: 13 7/14/05 Acco received in records room from team.number of Volumes:1 [CK] 7/25/05 APPELLEES Georgeson Shareholder Communications Inc., statement of costs taxed in the amount of $ , filed. (AH) [TM] 7/25/05 Certified copy of the statement of costs filed on , issued to the district court. [TM] 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

General Docket US Court of Appeals for the Second Circuit Second Circuit Court of

US Court Of Appeals Docket as of 4/11/2008 Retrieved from the court on Wednesday, April 16, 2008 General Docket US Court of Appeals for the Second Circuit Second Circuit Court of Appeals Court of Appeals