United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:96-cv GAO

Transcription

1 US District Court Civil Docket as of 01/06/1999 Retrieved from the court on Thursday, August 04, 2005 United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:96-cv GAO Venturino, et al v. Daka International, et al Assigned to: Judge George A. O'Toole, Jr Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Rita Venturino Date Filed: 10/18/1996 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Alfred G. Yates, Jr. Law Office of Alfred G. Yates, Jr. 519 Allegheny Building 429 Forbes Avenue Pittsburgh, PA Andrew L. Barroway Schiffrin & Craig, Ltd Three Bala Plaza East Suite 400 Bala Cynwyd, PA David J. Bershad Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza 49th Floor New York, NY Edward F. Haber Shapiro Haber & Urmy LLP 53 State Street 37th Floor Boston, MA

2 Fax: Gerald L. Rutledge Law Offices of Alfred G. Yates, Jr. 519 Allegheny Building 429 Forbes Avenue Pittsburgh, PA Jerome M. Congress Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza 49th Floor New York, NY Richard Schiffrin Schiffrin & Craig, Ltd Three Bala Plaza East Suite 400 Bala Cynwyd, PA Salvatore J. Graziano Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza 49th Floor New York, NY Sanford P. Dumain Milberg, Weiss, Bershad, Hynes & Lerach One Penn Plaza New York City, NY 10002

3 Plaintiff Cosmos Phillips represented by Alfred G. Yates, Jr. Andrew L. Barroway David J. Bershad Edward F. Haber Gerald L. Rutledge Jerome M. Congress Richard Schiffrin Salvatore J. Graziano Sanford P. Dumain Plaintiff Matthew Minogue on behalf of themselves and all others represented by Alfred G. Yates, Jr.

4 similarly situated Andrew L. Barroway David J. Bershad Edward F. Haber Gerald L. Rutledge Jerome M. Congress Richard Schiffrin Salvatore J. Graziano Sanford P. Dumain V. Defendant Daka International Inc. represented by Mary M. Diggins MetLife - New England Financial Law Department - 10th Floor

5 501 Boylston Street Boston, MA Fax: Stephen D. Poss Goodwin Procter, LLP Exchange Place 53 Exchange Street Boston, MA Fax: Defendant William H. Baumhauer represented by Mary M. Diggins Stephen D. Poss Date Filed # Docket Text 10/18/ Complaint filed. Case assigned to Judge: O'Toole. Receipt #: Amount:$ Fee Status: Paid (fmr) (Entered: 10/24/1996) 10/18/1996 Summons issued for Daka International, William H. Baumhauer (fmr) (Entered: 10/24/1996) 10/28/ Return of service executed as to Daka International with service on 10/22/96 filed. Answer due on 11/11/96 for Daka International (lau) (Entered: 10/29/1996) 10/28/ Return of service executed as to William H. Baumhauer with service on 10/22/96 filed. Answer due on 11/11/96 for William H. Baumhauer (lau) (Entered: 10/29/1996) 11/06/ Assented to Motion by Daka International, William H. Baumhauer to extend time to 12/13/96 to respond to complaint, filed. (lau) (Entered: 11/06/1996)

6 11/13/1996 Judge George A. O'Toole Jr.. Endorsed Order entered granting [4-1] motion to extend time to 12/13/96 to respond to complaint. Entered cc/cl (lau) (Entered: 11/14/1996) 12/12/ Motion by Daka International, William H. Baumhauer to extend time to 45 days to to answer or otherwise respond to the complaint pending service of an amended complaint, filed. (lau) (Entered: 12/13/1996) 12/16/1996 Judge George A. O'Toole Jr.. Endorsed Order entered granting [5-1] motion to extend time to 45 days to to answer or otherwise respond to the complaint pending service of an amended complaint. Entered cc/cl (lau) (Entered: 12/16/1996) 12/17/ Motion by Rita Venturino, Cosmos Phillips, Matthew Minogue for their appointment as lead plaintiff's and for approval of their selection of lead counsel, filed. (lau) (Entered: 12/18/1996) 12/17/ Memorandum by Rita Venturino, Cosmos Phillips, Matthew Minogue in support of [6-1] motion for their appointment as lead plaintiff's and for approval of their selection of lead counsel, filed. (lau) (Entered: 12/18/1996) 12/17/ Affidavit of Rita Venturino, Cosmos Phillips, Matthew Minogue of Jerome M. Congress, re: [6-1] motion for their appointment as lead plaintiff's and for approval of their selection of lead counsel, filed. (lau) (Entered: 12/18/1996) 12/31/ Memorandum by Daka International in opposition to [6-1] motion for their appointment as lead plaintiff's and for approval of their selection of lead counsel, filed. (lau) (Entered: 01/02/1997) 01/02/ Affidavit of Charles W. Redepenning, Jr. for Daka International in opposition, re: [6-1] motion for their appointment as lead plaintiff's and for approval of their selection of lead counsel, filed. (lau) (Entered: 01/02/1997) 01/13/ Assented to Motion by Rita Venturino, Cosmos Phillips, Matthew Minogue for leave to file reply memorandum, filed. (lau) (Entered: 01/13/1997) 01/14/1997 Judge George A. O'Toole Jr.. Endorsed Order entered granting [11-1] motion for leave to file reply memorandum. Entered cc/cl (lau) (Entered: 01/14/1997) 01/22/ Reply by Rita Venturino, Cosmos Phillips, Matthew Minogue to [6-1] motion for their appointment as lead plaintiff's and for approval of their selection of lead counsel, filed. (lau) (Entered: 01/24/1997) 01/22/ Affidavit of Rita Venturino, Cosmos Phillips, Matthew Minogue of Edward F. Haber, re: [6-1] motion for their appointment as lead plaintiff's and for approval of their selection of lead counsel, filed. (lau) (Entered: 01/24/1997) 03/21/1997 Judge George A. O'Toole Jr.. Endorsed Order entered granting [6-1] motion for their appointment as lead plaintiff's and for approval of their selection of lead counsel. See Memorandum and Order entered this date. Entered cc/cl (lau) (Entered: 03/21/1997) 03/21/ Judge George A. O'Toole Jr.. Memorandum and Order entered. The motion of Rita Venturino, Cosmos Phillips and Matthew Minogue to be appointed lead plaintiffs for this action. The motion to designate Olivier as one of the lead plaintiffs is

7 denied. The motion to approve the selection of the law firms of Milberg Weiss Bershad Hynes & Lerach LLP and Schiffrin & Craig, Ltd. as Co-Lead Counsel, and the firm of Shapiro Haber & Urmy LLP as Liason Counsel, is granted. Entered cc/cl (lau) (Entered: 03/21/1997) 04/16/ STIPULATION (Motion) by Rita Venturino, Cosmos Phillips, Matthew Minogue, Daka International, William H. Baumhauer, to extend time to 5/22/97 to respond to complaint, filed. (lau) (Entered: 04/16/1997) 04/22/1997 Judge George A. O'Toole Jr.. Endorsed Order entered granting [15-1] stipulation motion to extend time to 5/22/97 to respond to complaint, RESET answer due for 5/22/97 for William H. Baumhauer, for Daka International ; issued cc/cl. (sat) (Entered: 04/23/1997) 05/15/ Unopposed Motion by Daka International, William H. Baumhauer for leave to file memorandum in excess of 20 pages, filed. (lau) (Entered: 05/15/1997) 05/22/1997 Judge George A. O'Toole Jr.. Endorsed Order entered granting [16-1] motion for leave to file memorandum in excess of 20 pages. Entered cc/cl (lau) (Entered: 05/27/1997) 05/22/ Motion by Daka International, William H. Baumhauer to dismiss plaintiff's complaint, filed. (lau) (Entered: 05/27/1997) 05/22/ Memorandum by Daka International, William H. Baumhauer in support of [17-1] motion to dismiss plaintiff's complaint, filed. (lau) (Entered: 05/27/1997) 05/22/ Appendix/exhibits by Daka International, William H. Baumhauer in support of [18-1] support memorandum, filed. (lau) (Entered: 05/27/1997) 07/03/ STIPULATION (Motion) by Rita Venturino, Cosmos Phillips, Matthew Minogue, Daka International, William H. Baumhauer, to extend time to 7/31/97 to respond to motion to dismiss, filed. (lau) (Entered: 07/07/1997) 07/14/1997 Judge George A. O'Toole Jr.. Endorsed Order entered granting [20-1] stipulation motion to extend time to 7/31/97 to respond to motion to dismiss. Entered cc/cl (lau) (Entered: 07/14/1997) 07/31/ Assented to Motion by Rita Venturino, Cosmos Phillips, Matthew Minogue to extend time to 9/30/97 to respond to defendants' motion to dismiss, filed. (lau) (Entered: 08/04/1997) 08/13/1997 Judge George A. O'Toole Jr.. Endorsed Order entered granting [21-1] motion to extend time to 9/30/97 to respond to defendants' motion to dismiss. Entered cc/cl (lau) (Entered: 08/13/1997) 09/26/ Assented to Motion by Rita Venturino, Cosmos Phillips, Matthew Minogue to extend time to 10/31/97 to respond to defendants' motion to dismiss, filed. (lau) (Entered: 09/26/1997) 10/06/1997 Judge George A. O'Toole Jr.. Endorsed Order entered granting [22-1] motion to extend time to 10/31/97 to respond to defendants' motion to dismiss. Entered cc/cl (lau) (Entered: 10/08/1997) 10/29/ Assented to Motion by Rita Venturino, Cosmos Phillips, Matthew Minogue to

8 extend time to 12/19/97 to respond to motion to dismiss, filed. (lau) (Entered: 10/29/1997) 12/03/1997 Judge George A. O'Toole Jr.. Endorsed Order entered granting [23-1] motion to extend time to 12/19/97 to respond to motion to dismiss. Entered cc/cl (lau) (Entered: 12/04/1997) 12/19/1997 Proposed Stipulation and Agreement of Settlement by Rita Venturino, Cosmos Phillips, Matthew Minogue, Daka International, William H. Baumhauer received for filing. (lau) (Entered: 12/22/1997) 01/20/ Judge George A. O'Toole Jr.. Notice of Hearing/conference: set preliminary approval of settlement hearing for 2:30 1/27/98. Entered cc/cl (lau) (Entered: 01/21/1998) 01/27/ Motion by Rita Venturino, Cosmos Phillips, Matthew Minogue for Sanford P. Dumain to appear pro hac vice, filed. (lau) (Entered: 01/28/1998) 01/27/ Affidavit of Rita Venturino, Cosmos Phillips, Matthew Minogue of Edward F. Haber, re: [25-1] motion for Sanford P. Dumain to appear pro hac vice, filed. (lau) (Entered: 01/28/1998) 01/27/ Certificate of Good Standing by Attorney Sanford P. Dumain, filed. (lau) (Entered: 01/28/1998) 01/27/ Judge George A. O'Toole Jr.. Clerk's Notes: re: preliminary approval of settlement; the court approves the proposal and dates; Court Reporter: Ruggieri (lau) (Entered: 01/28/1998) 01/27/1998 Judge George A. O'Toole Jr.. Endorsed Order entered granting [25-1] motion for Sanford P. Dumain to appear pro hac vice. Entered cc/cl (lau) (Entered: 01/28/1998) 02/03/ Judge George A. O'Toole Jr.. Preliminary Order in connection with settlement proceedings entered. Entered cc/cl (lau) (Entered: 02/03/1998) 02/12/1998 Terminated document: mooting [17-1] motion to dismiss plaintiff's complaint Requested by ctd. (fmr) (Entered: 02/12/1998) 04/20/ Memorandum by Rita Venturino, Cosmos Phillips, Matthew Minogue in support of [0-0] proposed settlement, filed. (lau) (Entered: 04/24/1998) 04/20/ Affidavit of Rita Venturino, Cosmos Phillips, Matthew Minogue of Sanford P. Dumain, re: [30-1] support memorandum, filed. (lau) (Entered: 04/24/1998) 04/20/ Joint motion by Rita Venturino, Cosmos Phillips, Matthew Minogue for attorney fees and disbursements, filed.. (lau) (Entered: 04/24/1998) 04/20/ Memorandum by Rita Venturino, Cosmos Phillips, Matthew Minogue in support of [31-1] joint motion for attorney fees and disbursements, filed. (lau) (Entered: 04/24/1998) 04/20/ Compendium of affidavits of plaintiff's counsel in support of Joint petition for an award of attorneys' fees and expenses, filed. (lau) (Entered: 04/24/1998)

9 04/20/ Declaration of D. Lee Janvrin re; (A) mailing of the notice of pendency of class action, proposed settlement thereof, settlement hearing and right to share in the settlement fund and proof of claim and release; and (B) publication of summary notice, filed. (lau) (Entered: 04/24/1998) 04/27/ Judge George A. O'Toole Jr.. Clerk's Notes: re: fairness hearing; will submit billing; Court Reporter: Ruggieri (lau) (Entered: 04/29/1998) 05/07/ Motion by Rita Venturino, Cosmos Phillips, Matthew Minogue to seal/impound, filed. (lau) (Entered: 05/08/1998) 05/13/1998 Judge George A. O'Toole Jr.. Endorsed Order entered granting [36-1] motion to seal/impound. Entered cc/cl (lau) (Entered: 05/15/1998) 05/13/ Compendium of plaintiff's counsel's itemized time in support of joint petition for attorneys' fees and disbursements, filed. (UNDER SEAL) (lau) (Entered: 05/15/1998) 07/17/ Letter by Rita Venturino, Cosmos Phillips, Matthew Minogue by Sanford P. Dumain dated: 7/15/98 to: Judge O'Toole re: approval of settlement filed. (lau) (Entered: 07/17/1998) 09/24/ Letter by Sanford P. Dumain dated: 9/17/98 to: Judge O'Toole re: final judgment filed. (mr) (Entered: 09/24/1998) 10/29/ Judge George A. O'Toole Jr.. Order and Judgment (partial) entered for Rita Venturino, Cosmos Phillips, Matthew Minogue against Daka International, William H. Baumhauer. Plaintiff's counsel are awarded $1,050,000, which constitutes 30% of the Gross Settlement Fund, as attorney's fees, and $73, in reimbursement of expenses, which shall be paid to Plaintiffs' Co-Lead Counsel from the Settlement Fund with interest from the date such Settlement Fund was funded to the date of payment at the same net rate as was earned by the Settlement Amount. cc/cl (mr) (Entered: 10/30/1998) 10/30/1998 Case closed. (mr) (Entered: 10/30/1998) 12/14/ Motion by Rita Venturino, Cosmos Phillips, Matthew Minogue for distribution of class funds, filed. (lau) (Entered: 12/15/1998) 12/14/ Affidavit of Rita Venturino, Cosmos Phillips, Matthew Minogue, re: [41-1] motion for distribution of class funds, filed. (lau) (Entered: 12/15/1998) 12/14/ Affidavit of Rita Venturino, Cosmos Phillips, Matthew Minogue, re: [41-1] motion for distribution of class funds, filed. (lau) (Entered: 12/15/1998) 01/06/1999 Judge George A. O'Toole Jr.. Endorsed Order entered granting [41-1] motion for distribution of class funds. See Oarder. Entered cc/cl (lau) (Entered: 01/07/1999) 01/06/ Judge George A. O'Toole Jr.. Order re: Distribution of Class Funds. Entered cc/cl (lau) (Entered: 01/07/1999) 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

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