U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:99-cv BEL

Transcription

1 US District Court Civil Docket as of 05/06/2002 Retrieved from the court on Wednesday, September 07, 2005 U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:99-cv BEL Bial, et al v. I.C. Isaacs, et al Assigned to: Chief Judge Benson Everett Legg Demand: $0 Cause: 15:77 Securities Fraud Plaintiff Leo Bial Date Filed: 11/10/1999 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Justin Corey Frankel Frankel and Newfield PC 585 Stewart Ave Ste L50 Garden City, NY Fax: Kirk E. Chapman Milberg Weiss Bershad Hynes and Lerach LLP One Pennsylvania Plz 49th Fl New York, NY Fax: Plaintiff Robert W. Hampton On Behalf Of Themselves And All Others Similarly Situated represented by John Bucher Isbister Tydings and Rosenberg LLP 100 E Pratt St 26th Fl Baltimore, MD Fax: jisbister@tydingslaw.com Justin Corey Frankel

2 Kirk E. Chapman Mark Levine Stull Stull and Brody Six E 45th St Ste 500 New York, NY Fax: V. Consol Plaintiff Fred Cox On behalf of himself and all others similarly situated represented by Charles J Piven Charles J Piven PA The World Trade Center 401 E Pratt St Ste 2525 Baltimore, MD Fax: piven@pivenlaw.com Fred Taylor Isquith Wolf Haldenstein Adler Freeman and Herz LLP 270 Madison Ave New York, NY Fax: Consol Plaintiff James Joseph Sturgis On behalf of himself and all others similarly situated represented by Ronald B Rubin Rubin and Rubin Chtd One Church St Ste 301 Rockville, MD Fax: rrubin@rrubin.com Arthur L. Shingler, III Law Office

3 PH 501 West Broadway Suite 1250 San Diego, CA Fax: Jeffrey R. Krinsk Law Office PH 501 West Broadway Suite 1250 San Diego, CA Fax: Timothy Michael Monahan Offit Kurman Yumkas and Denick PA Eight Park Center Ct Ste 200 Owings Mills, MD Fax: V. I.C. Isaacs & Company, Inc. Piper Rudnick LLP 1775 Wiehle Ave Ste 400 Reston, VA Fax: Wilson Sonsini Goodrich and Rosati 7927 Jones Branch Dr Ste 400 McLean, VA Fax: DLA Piper Rudnick Gray Cary US LLP

4 1775 Wiehle Ave Ste 400 Reston, VA Fax: Laurie B Smilan Latham and Watkins Two Freedom Sq Ste Freedom Dr Reston, VA Fax: Michele Rose Latham and Watkins LLP Two Freedom Sq Ste Freedom Dr Reston, VA Fax: michele.rose@lw.com Wilson Sonsini Goodrich and Rosati 7927 Jones Branch Dr Ste 400 McLean, VA Fax: Robert J. Arnot represented by Gerald W. Lear

5 Gary B. Brashers Eugene C. Wielepski

6 Ira J. Hechler Jon Hechler Ronald S. Schmidt

7 Date Filed # Docket Text 11/10/ COMPLAINT and attachments filed; FILING FEE $ RECEIPT # B (mdd, Deputy Clerk) (Entered: 11/15/1999) 11/10/ DEMAND for jury trial by Leo Bial, Robert W. Hampton. (mdd, Deputy Clerk) (Entered: 11/15/1999) 11/15/ SUMMONS(ES) (20 days) issued for I.C. Isaacs, Robert J. Arnot, Gerald W. Lear, Gary B. Brashers, Eugene C. Wielepski, Ira J. Hechler, Jon Hechler, Ronald S. Schmidt (mdd, Deputy Clerk) (Entered: 11/15/1999) 12/28/ STIPULATION AND ORDER EXTENDING the time for defendants to answer complaint set Answer deadline to 1/14/00 for Ronald S. Schmidt, for Jon Hechler, for Ira J. Hechler, for Eugene C. Wielepski, for Gary B. Brashers, for Gerald W. Lear, for Robert J. Arnot, for I.C. Isaacs ( signed by Chf Judge J. F. Motz 12/28/99) (c/i 12/28/99 jl) (jnl, Deputy Clerk) (Entered: 12/28/1999) 01/10/ MOTION with memorandum in support by Leo Bial, Robert W. Hampton to Consolidate Cases, and for Appointment as Lead Plaintiffs and for Approval of Proposed Isaacs Lead Plaintiffs' Selection of Counsel with Affidavit of Aaron L. Brody and Exhibits A - F (c/s) (mms, Deputy Clerk) (Entered: 01/10/2000) 01/11/ STIPULATION AND ORDER that defendants shall not answer or respond to the existing Complaint, but shall answer or otherwise repond to Consolidated Amended Complaint within 45 days after the filing of Consolidated Amended Complaint. (signed by Chf Judge J. F. Motz 1/11/00) (c/m 1/12/00 ms) (mms, Deputy Clerk) (Entered: 01/12/2000) 01/12/ ORDER granting [4-1] motion to Consolidate Cases BEL ; BEL and BEL under Case No. BEL for all purposes. ( signed by Chf Judge J. F. Motz 1/11/00) (c/m 1/12/00 ms) (mms, Deputy Clerk) (Entered: 01/12/2000) 01/12/2000 Consolidated Lead Case (mms, Deputy Clerk) (Entered: 01/12/2000) 01/28/ MOTION by James Joseph Sturgis. Fee paid-$50.00; Receipt No for Arthur L. Shingler III to Appear Pro Hac Vice (mms, Deputy Clerk) Modified on 01/28/2000 (Entered: 01/28/2000) 01/28/ ORDER granting [7-1] motion for Arthur L. Shingler III to Appear Pro Hac Vice (signed by Chf Judge J. F. Motz 1/28/00 ) (c/m 1/28/00 ms) (mms, Deputy Clerk) (Entered: 01/28/2000) 01/28/ MOTION by James Joseph Sturgis for Jeffrey R. Krinsk to Appear Pro Hac Vice Fee Paid-Receipt No (mms, Deputy Clerk) (Entered: 02/01/2000) 01/28/ ORDER granting [8-1] motion for Jeffrey R. Krinsk to Appear Pro Hac Vice.

8 (signed by Chf Judge J. F. Motz 1/25/00) (c/m 1/31/00 ms) (mms, Deputy Clerk) (Entered: 02/01/2000) 03/22/ STATUS REPORT ORDER. Joint Status report due on 3/29/00 - which should include timetable for completing discovery and filing of dispositive motions. (signed by Judge Benson E. Legg 3/21/00) (c/i 3/22/00 ms) (mms, Deputy Clerk) (Entered: 03/22/2000) 03/30/ JOINT STATUS REPORT by Leo Bial and I.C. Isaacs (mms, Deputy Clerk) (Entered: 03/30/2000) 03/30/ STIPULATION AND ORDER that Plaintiffs shall file and serve an Amended Complaint on or before 5/12/00; s shall respond to Amended Complaint no later than 6/30/00; if defendants file a Motion to Dismiss, plaintiff shall file and serve their opposition to such motion on or before 8/18/00; STAYING all discovery until defendants file thier motion to dismiss; in the event plaintiff's Amended Complaint or any subsequent complaint survives any motion to dismiss, discovery shall commence 15 days after the Court issues an Order denying such Motion; counsel will submit a joint discovery plan and schedule regarding dispositive motions 30 days after Court issues an Order denying such motion to dismiss; plaintiff may serve subpoenas on third parties for the purpose of notifying such third parties of their obligation to preserve evidence and parties will serve all motions and supporting papers identified herein to the opposing party by Federal Express for next day/saturday delivery. (signed by Judge Benson E. Legg 3/30/00) (c/i 3/31/00 ms) (mms, Deputy Clerk) (Entered: 03/30/2000) 04/04/ MOTION by I.C. Isaacs, Robert J. Arnot, Gerald W. Lear, Gary B. Brashers, Eugene C. Wielepski, Ira J. Hechler, Jon Hechler, Ronald S. Schmidt for Paul Chalmers to Appear Pro Hac Vice Fee paid-receipt No (mms, Deputy Clerk) (Entered: 04/05/2000) 04/04/ ORDER granting [12-1] motion for Paul Chalmers to Appear Pro Hac Vice (signed by Judge Benson E. Legg 4/3/00) (c/i 4/5/00 ms) (mms, Deputy Clerk) (Entered: 04/05/2000) 04/04/ MOTION by I.C. Isaacs, Robert J. Arnot, Gerald W. Lear, Gary B. Brashers, Eugene C. Wielepski, Ira J. Hechler, Jon Hechler, Ronald S. Schmidt for Timothy D. Belevetz to Appear Pro Hac Vice Fee Paid-Receipt No (mms, Deputy Clerk) (Entered: 04/05/2000) 04/04/ ORDER granting [13-1] motion for Timothy D. Belevetz to Appear Pro Hac Vice. (signed by Judge Benson E. Legg 4/3/00 ) (c/i 4/5/00 ms) (mms, Deputy Clerk) (Entered: 04/05/2000) 04/12/ MOTION by I.C. Isaacs in 1:99-cv for Michele Rose to Appear Pro Hac Vice Fee paid-receipt No (mms, Deputy Clerk) (Entered: 04/13/2000) 04/12/ ORDER granting [14-1] motion for Michele Rose to Appear Pro Hac Vice (signed by Judge Benson E. Legg 4/10/00) (c/i 4/1300 ms) (mms, Deputy Clerk) (Entered: 04/13/2000) 04/12/ MOTION by I.C. Isaacs in 1:99-cv for Laurie Smilan to Appear Pro Hac Vice Fee paid-receipt No (mms, Deputy Clerk) (Entered: 04/13/2000)

9 04/12/ ORDER granting [15-1] motion for Laurie Smilan to Appear Pro Hac Vice (signed by Judge Benson E. Legg 4/10/00) (c/i 4/13/00 ms) (mms, Deputy Clerk) (Entered: 04/13/2000) 05/12/ CONSOLIDATED AMENDED COMPLAINT by Leo Bial, Robert W. Hampton, Fred Cox, James Joseph Sturgis, (Answer due 6/30/00 for Ronald S. Schmidt, for Jon Hechler, for Ira J. Hechler, for Eugene C. Wielepski, for Gary B. Brashers, for Gerald W. Lear, for Robert J. Arnot, for I.C. Isaacs ) amending complaint (c/s) (mms, Deputy Clerk) (Entered: 05/17/2000) 06/30/ MOTION with memorandum in support by I.C. Isaacs, Robert J. Arnot, Gerald W. Lear, Gary B. Brashers, Eugene C. Wielepski, Ira J. Hechler, Jon Hechler, Ronald S. Schmidt to Dismiss Consolidated Amended Class Action Complaint with Index of Exhibits 1-9 and Exhibits 1-9 (EXHIBITS ONLY FILED SEPARATELY) (c/s) (mms, Deputy Clerk) Modified on 06/30/2000 (Entered: 06/30/2000) 08/18/ MEMORANDUM by Leo Bial and Robert W. Hampton in opposition to [17-1] motion to Dismiss Consolidated Amended Class Action Complaint (c/s) (8/25/00- Table of Authorities received from Plaintiff's counsel for inclusion in pleading which was inadvertently omitted from original pleadig) (mms, Deputy Clerk) Modified on 08/25/2000 (Entered: 08/21/2000) 09/18/ STIPULATION AND ORDER EXTENDING Time for s to File Reply to Plaintiffs' Opposition to s' Motion to Dismiss and "APPROVAL." (signed by Judge Benson E. Legg 9/15/00) (c/i 9/19/00 ms) (mms, Deputy Clerk) (Entered: 09/19/2000) 09/25/ REPLY MEMORANDUM by I.C. Isaacs, Robert J. Arnot, Gerald W. Lear, Gary B. Brashers, Eugene C. Wielepski, Ira J. Hechler, Jon Hechler, Ronald S. Schmidt in support of their [17-1] motion to Dismiss Consolidated Amended Class Action Complaint with Exhibits 1-5 (c/s) (mms, Deputy Clerk) (Entered: 09/26/2000) 12/14/ ORDER SCHEDULING date for Oral Agrument on Motion to Dismiss and ADVISING Counsel Court would be willing to reschedule to a more convenient time due to travel requirements of various members. ( signed by Judge Benson E. Legg 12/6/00) (c/i 12/14/00 ms) (mms, Deputy Clerk) (Entered: 12/14/2000) 01/02/ MOTION by Leo Bial, Robert W. Hampton for Justin C. Frankel to Appear Pro Hac Vice (c/s) (mms, Deputy Clerk) (Entered: 01/03/2001) 01/02/ MARGINAL ORDER granting [22-1] motion for Justin C. Frankel to Appear Pro Hac Vice. Fee paid. (signed by Judge Benson E. Legg 1/2/01) (c/i 1/3/01 ms) (mms, Deputy Clerk) (Entered: 01/03/2001) 01/02/ MOTION by Leo Bial, Robert W. Hampton for Kirk E. Chapman to Appear Pro Hac Vice (c/s) (mms, Deputy Clerk) (Entered: 01/03/2001) 01/02/ MARGINAL ORDER granting [23-1] motion for Kirk E. Chapman to Appear Pro Hac Vice. Fee paid. (signed by Judge Benson E. Legg 1/2/01) (c/i 1/3/01 ms) (mms, Deputy Clerk) (Entered: 01/03/2001) 01/11/2001 Motion hearing held before (Legg, J)re: [17-1] motion to Dismiss Consolidated Amended Class Action Complaint - ARGUED - Oral opinion rendered by the Court (Court to submit order) ( Reporter: M. ZAJAC) (bma, Deputy Clerk)

10 (Entered: 01/11/2001) 01/15/ ORDER DISMISSING WITHOUT PREJUDICE [17-1] Motion of s to Dismiss Consolidated Amended Class Action Complaint and allowing s to file a Motion for Summary Judgment on the same grounds. (signed by Judge Benson E. Legg 1/12/01) (c/i 1/16/01 ms) (mms, Deputy Clerk) (Entered: 01/16/2001) 01/18/ MOTION by Robert W. Hampton in 1:99-cv for Mark Levine to Appear Pro Hac Vice (c/s) (mms, Deputy Clerk) (Entered: 01/18/2001) 01/18/ ORDER granting [25-1] motion for Mark Levine to Appear Pro Hac Vice (signed by Judge Benson E. Legg 1/17/01) (c/i 1/18/01 ms) (mms, Deputy Clerk) (Entered: 01/18/2001) 01/25/ RESPONSE/s' Post-Hearing Memorandum by I.C. Isaacs to [17-1] Motion to Dismiss Consolidated Amended Class Action Complaint with Exhibits 1 & 2 (c/s) (mms, Deputy Clerk) (Entered: 01/25/2001) 01/30/ RESPONSE by Leo Bial and Robert W. Hampton to [24-1] order and parties have conferred and have agreed upon a proposed Order containing a schedule for discovery and dispositive motions but parties were unable to agree upon scope of Order with respect to scope of plaintiffs' disclosure requirements. (mms, Deputy Clerk) (Entered: 01/31/2001) 01/30/ RESPONSE by I.C. Isaacs, Robert J. Arnot, Gerald W. Lear, Gary B. Brashers, Eugene C. Wielepski, Ira J. Hechler, Jon Hechler, Ronald S. Schmidt to [27-1] response of Plaintiffs Robert W. Hampton, Leo Bial with Exhibits 1-4 (c/s) (mms, Deputy Clerk) (Entered: 01/31/2001) 02/23/ LETTER/MOTION by I.C. Isaacs Requesting Court to Rule that Subpoenaes are not Permitted pursuant to Court Order and Enjoin Plaintiffs from Seeking to Enforce Subpoenas (c/s) (mms, Deputy Clerk) (Entered: 02/26/2001) 03/28/ ANSWER by I.C. Isaacs, Robert J. Arnot, Gerald W. Lear, Gary B. Brashers, Eugene C. Wielepski, Ira J. Hechler, Jon Hechler, Ronald S. Schmidt to Consolidated Amended Complaint (c/s) (mms, Deputy Clerk) (Entered: 03/28/2001) 04/18/ ORDER DIRECTING Plaintiffs to disclose to s: Names of individuals interviewed; Date of each interview, if known and If Plaintiffs are relying on the information provided by a particular individual, the facts provided by that individual during the interview. ( signed by Judge Benson E. Legg 3/23/01) (c/i 4/18/01 ms) (mms, Deputy Clerk) Modified on 06/11/2001 (Entered: 04/18/2001) 04/18/ CORRESPONDENCE by I.C. Isaacs Requesting Court to sign Order of March 23, 2001 with Exhibits 1-3 (c/s) (mms, Deputy Clerk) Modified on 06/11/2001 (Entered: 04/18/2001) 06/08/ ORDER DISMISSING Case with each party to bear its own costs unless otherwise agreed without prejudice to the right of a party to move for good cause within 45 days to reopen this action if settlement is not consummated ( signed by Judge Benson E. Legg 6/7/01) (c/i 6/7/01) (MICROFILMED 6/8/01) (jnl, Deputy Clerk) (Entered: 06/08/2001)

11 06/08/2001 Case closed (jnl, Deputy Clerk) (Entered: 06/08/2001) 06/08/ CORRESPONDENCE from parties RE: Settlement of case (jnl, Deputy Clerk) (Entered: 06/11/2001) 07/02/ JOINT LETTER/MOTION by Leo Bial, et al. and I.C. Isaacs, et al. to Vacate [33-1] Order (c/s) (mms, Deputy Clerk) (Entered: 07/03/2001) 07/02/ ORDER granting [35-1] Joint Letter/Motion to Vacate [33-1] Order and REOPENING CASE. Counsel are directed to submit preliminary settlement documents; a proposed Order and a proposed date for fairness hearing. (signed by Judge Benson E. Legg 7/2/01) (c/i 7/3/01 ms) (mms, Deputy Clerk) (Entered: 07/03/2001) 07/02/2001 Case reopened (mms, Deputy Clerk) (Entered: 07/09/2001) 07/20/ LETTER/MOTION by Leo Bial, I.C. Isaacs to Extend Time to Submit Settlement Papers (c/s) (mms, Deputy Clerk) (Entered: 07/20/2001) 07/20/ ORDER granting [37-1] Letter/Motion to Extend Time to Submit Settlement Papers ( signed by Judge Benson E. Legg 7/19/01) (c/i 7/20/01 ms) (mms, Deputy Clerk) (Entered: 07/20/2001) 08/02/ ORDER DISMISSING as moot [29-1] Letter/Motion Requesting Court to Rule that Subpoenaes are not Permitted pursuant to Court Order and Enjoin Plaintiffs from Seeking to Enforce Subpoenas ( signed by Judge Benson E. Legg 8/2/01) (c/i 8/2/01 ms) (mms, Deputy Clerk) (Entered: 08/02/2001) 08/03/ STIPULATION/JOINT MOTION by Leo Bial, et al. I.C. Isaacs, et al. for Agreement of Settlement with Exhibits A - C (c/s) (mms, Deputy Clerk) (Entered: 09/06/2001) 09/06/ ORDER CERTIFYING this Action as a CLASS ACTION for all persons/purchasers of Common Stock of IC Isaacs; SCHEDULING date for Settlement Fairness Hearing; DIRECTING Plaintiffs' Co-Lead Counsel to cause the Notice and Proof of Claim to be mailed by 1st Class Mail to all Class Members; DIRECTING Plaintiffs' Co-Lead Counsel to cause the Publication Notice to be published over the national circuit Business Wire within 10 days of mailing of the Notice; DIRECTING Class Members to properly execute Proof of Claim or Request for Exclusion. Court will consider comments and/or objections to Settlement only if such comments and supporting papers are filed in writing with Clerk of Court and Court retains exclusive jurisdiction over the Action. ( signed by Judge Benson E. Legg 9/5/01) (c/i 9/6/01 ms) (mms, Deputy Clerk) (Entered: 09/06/2001) 11/14/ MEMORANDUM by Leo Bial, Robert W. Hampton in support of [39-1] joint motion for Final Approvement of Agreement of Settlement by I.C. Isaacs, Leo Bial with Declaration of Kirk E. Chapman; Affidavit of Cheryl Washington; Compendium of Plaitniffs' Counsel's Affidavits in Support of Award of Attorneys' Fees and Reimbursement of Expenses; and Compendium of Unreported Cases Referenced in Memorandum of Law in Support of Final Approval (COMPENDIUMS ONLY FILED SEPARATELY) (c/s) (mms, Deputy Clerk) (Entered: 11/14/2001)

12 11/14/ CONSOLIDATED MEMORANDUM by Leo Bial, Robert W. Hampton in support of Plaintiffs' Counsel's Petition for Fees and Reimbursement of Expenses with Compendium of Counsel's Affidavits in Support of Award of Attorneys' Fees and Reimbursement of Expenses and Compendim of Unreported Cases (COMPENDIUMS ONLY FILED SEPARATELY) (mms, Deputy Clerk) (Entered: 11/14/2001) 11/20/ ORDER AND FINAL JUDGMENT for Plaintiffs Leo Bial, Robert W. Hampton against I.C. Isaacs, Robert J. Arnot, Gerald W. Lear, Gary B. Brashers, Eugene C. Wielepski, Ira J. Hechler, Jon Hechler, Ronald S. Schmidt permanently ENJOINING and BARRING s and successors from instituting, commencing or prosecuting any and all claims; DISMISSING the Complaint with Prejudice and without costs, except as provided in the Stipulation, APPROVING the Settlement Agreement as fair, reasonable and adequate and DIRECTING Class Members to consummate the Settlement in accordance with terms and provisions; the Plan of Allocation is APPROVED as FAIR and REASONABLE; Plaintiffs' counsel are hereby AWARDED the sum of $275,000 as and for their attorneys' fees and in reimbursement of expenses; exclusive jurisdiction is hereby retained over the parties and Class Members for all matters relating to this action; Without further Order of the Court, the parties may agree to reasonable extensions of time to carry out any of the provisions of the Stipulation and DIRECTING Clerk to immediately enter FINAL JUDGMENT. (signed by Judge Benson E. Legg 11/20/01) (c/i & Microfilmed 11/20/01 ms) (mms, Deputy Clerk) (Entered: 11/20/2001) 11/20/2001 Case closed (mms, Deputy Clerk) (Entered: 11/20/2001) 11/20/2001 Motion hearing re: Fairnes hearing. Held before (Legg,USDJ). Court to prepare written decision. (Court Reporter/ER: Ned Richardson (dms, Deputy Clerk) (Entered: 11/29/2001) 04/22/ MOTION by Leo Bial, Robert W. Hampton for Disbursement of Class Funds and Attachments (c/s) (cag, Deputy Clerk) (Entered: 04/22/2002) 05/06/ ORDER granting [43-1] Motion for Disbursement of Class Funds and DIRECTING that the Net Settlement Fund shall be distributed to the eligible claimants listed on the computer printout submitted with the Affidavit of D. Lee Janvrin in proportion to the Recognized Claim allocable to each such eligible claimant and the checks for distribution to the accepted claimants shall bear the notation "CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION 180 DAYS AFTER ISSUE DATE." FURTHER ORDERING that this Court retain jurisdiction over any further application in connection with this action and that no claim submitted after 4/11/02 may be accepted for any reason whatsoever and CLOSING CASE. (signed by Judge Benson E. Legg 5/3/02) (c/i 5/6/02 ms) (mms, Deputy Clerk) (Entered: 05/06/2002) 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

13 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