U.S. District Court Southern District of Florida (FtLauderdale) CIVIL DOCKET FOR CASE #: 02-CV-60493

Transcription

1 US District Court Civil Docket as of 03/22/2004 Retrieved from the court on Monday, October 02, 2006 U.S. District Court Southern District of Florida (FtLauderdale) CIVIL DOCKET FOR CASE #: 02-CV Sears, et al v. Roadhouse Grill, Inc, et al Filed: 04/10/02 Assigned to: Judge Jose E. Martinez Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:0078 Securities Exchange Act RON SEARS, Individually And On Adam Stephen Doner Behalf of All Others Similarly FTS Situated plaintiff Robert E. Gordon FTS Gordon & Doner 4114 Northlake Boulevard 2nd Floor Palm Beach Gardens, FL v. Stanley Bernstein FTS Robert J. Berg Bernstein Liebhard & Lifshitz 10 E 40th Street 22nd Floor New York, NY ROADHOUSE GRILL, INC Keith Olin defendant [term 05/05/03] [term 05/05/03] FTS

2 Christian Reginald Bartholomew [term 05/05/03] FTS Richard Allen Burt [term 05/05/03] FTS Randi Perry Spallina [term 05/05/03] FTS Morgan Lewis & Bockius 200 S Biscayne Boulevard Suite 5300 Wachovia Financial Center Miami, FL VINCENT TAN defendant AYMAN SABI defendant Keith Olin Christian Reginald Bartholomew Richard Allen Burt Randi Perry Spallina Keith Olin Christian Reginald Bartholomew Richard Allen Burt Randi Perry Spallina ======================== KEN JOSEPH, individually and Adam Stephen Doner on behalf of all others FTS similarly situated plaintiff Gordon & Doner 4114 Northlake Boulevard

3 2nd Floor Palm Beach Gardens, FL Robert J. Berg Bernstein Liebhard & Lifshitz 10 E 40th Street 22nd Floor New York, NY MARTIN ACKMAN, individually and on behalf of all others similarly situated plaintiff CLAIRE ACKMAN plaintiff Adam Stephen Doner Robert J. Berg Adam Stephen Doner Robert J. Berg DOCKET PROCEEDINGS DATE # DOCKET ENTRY 4/10/02 1 CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS filed; A-3 FILING FEE $ RECEIPT # ; (at) [Entry date 04/11/02] 4/10/02 2 SUMMONS() issued for Roadhouse Grill, Inc (at) [Entry date 04/11/02] 4/10/02 3 SUMMONS() issued for Vincent Tan (at) [Entry date 04/11/02]

4 4/10/02 4 SUMMONS() issued for Ayman Sabi (at) [Entry date 04/11/02] 4/30/02 5 RETURN OF SERVICE executed for Roadhouse Grill, Inc on 4/17/02 Answer due on 5/7/02 for Roadhouse Grill, Inc (pa) [Entry date 05/01/02] 4/30/02 6 RETURN OF SERVICE executed for Vincent Tan on 4/17/02 Answer due on 5/7/02 for Vincent Tan (pa) [Entry date 05/01/02] 5/6/02 8 JOINT MOTION by Ron Sears, Ayman Sabi to enter scheduling order (pa) [Entry date 05/07/02] 5/6/02 9 SUGGESTION OF BANKRUPTCY by Roadhouse Grill, Inc as to Roadhouse Grill, Inc (pa) [Entry date 05/07/02] 5/6/02 9 MOTION by Roadhouse Grill, Inc to stay this action (pa) [Entry date 05/07/02] 5/6/02 7 NOTICE of attorney appearance for Roadhouse Grill, Inc, Ayman Sabi by Christian R. Bartholomew, Keith Olin, Randi Perry Spallina, Richard Allen Burt (kw) [Entry date 05/23/02] 5/20/02 10 RESPONSE by Ron Sears in opposition to [9-1] motion to stay this action, [9-1] suggestion bankruptcy (pa) 5/20/02 12 ORDER granting in part [8-1] joint motion to enter scheduling order ( Signed by Judge Donald M. Middlebrooks on 5/20/02) [EOD Date: 5/21/02] (cj) [Entry date 05/21/02] 5/20/02 13 ORDER granting [9-1] motion to stay this action, granting [9-1] suggestion bankruptcy, case is STAYED, (see order for details) ( Signed by Judge Donald M. Middlebrooks on 5/20/02) [EOD Date: 5/21/02] (cj) [Entry date 05/21/02] 5/21/02 11 RETURN OF SERVICE executed for Ayman Sabi on 4/18/02 Answer due on 5/8/02 for Ayman Sabi (pa) 6/7/02 14 LEAD PLAINTIFFS' MOTION by Roadhouse Grill, Inc for appointment of lead plaintiffs,and approval of selection of lead counsel pursuant to the Federal Securities laws (pa) [Entry date 06/10/02]

5 6/7/02 15 MEMORANDUM by Roadhouse Grill, Inc in support of [14-1] motion for appointment of lead plaintiffs, [14-2] motion approval of selection of lead counsel (pa) [Entry date 06/10/02] 6/10/02 16 ORDER OF REFERNECE AND SETTING TRIAL DATE IN A CIVIL CASE: ORDER set Jury trial for 9:00 5/5/03 before Judge Donald M. Middlebrooks, set calendar call for 1:15 4/30/03 before Judge Donald M. Middlebrooks ( Signed by Judge Donald M. Middlebrooks on 6/10/02) [EOD Date: 6/11/02] (pa) [Entry date 06/11/02] 6/10/02 16 ORDER OF REFERNECE AND SETTING TRIAL DATE IN A CIVIL CASE: ORDER OF REFERENCE to United States Magistrate Judge Linnea R. Johnson for the conducting of a scheduling conference,pursuant to local rule 16.1.B for the purpose of setting pre-trial deadline dates, a trial date and for determining possible consent to the jurisdiction of the Magistrate Judge for trial (Signed by Judge Donald M. Middlebrooks on 6/10/02) [EOD Date: 6/11/02] (pa) [Entry date 06/11/02] 6/21/02 17 MEMORANDUM IN RESPONSE TO PLAINTIFF'S MOTION FOR APPOINTMENT OF LEAD PLAINTIFFS AND APPROVAL OF SELECTION OF LEAD COUNSEL by Vincent Tan, Ayman Sabi response to [14-1] motion for appointment of lead plaintiffs, [14-2] motion approval of selection of lead counsel (kw) [Entry date 06/24/02] 6/25/02 18 ORDER AND NOTICE OF SCHEDULING CONFERENCE:ORDER set scheduling conference for 1:00 7/3/02 before Ch. Magistrate Judge Linnea R. Johnson (Signed by Ch. Magistrate Judge Linnea R. Johnson on 6/25/02) [EOD Date: 6/26/02] (pa) [Entry date 06/26/02] 7/3/02 19 SCHEDULING ORDER setting Deadline for filing of all Pretrial Motions by 2/24/03 All Memoranda of law due on or before 2/24/03 Joint Pretrial Stipulation due on or before 4/7/03 All Discovery cutoff ;Please refer to Order for further scheduling events. ( Signed by Ch. Magistrate Judge Linnea R. Johnson on 07/03/02) [EOD Date: 7/3/02] CCAP (eg) 7/3/02 19 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Ch. Magistrate Judge Linnea R. Johnson on 07/03/02) [EOD Date: 7/3/02] (eg)

6 7/5/02 20 Minutes of Scheduling Conference held before Ch. Magistrate Judge Linnea R. Johnson on 7/3/02; Tape #: LRJ ; Motion to Dismiss will be filed; Court will issue a scheduling order consistent with trial date (aj) [Entry date 07/08/02] 7/9/02 21 ORDER APPOINTING THE ROADHOUSE GRILL LEAD PLAINTIFFS' granting [14-1] motion for appointment of lead plaintiffs, granting [14-2] motion approval of selection of lead counsel ( Signed by Judge Donald M. Middlebrooks on 7/5/02) [EOD Date: 7/9/02] (kw) 7/26/02 22 AMENDED COMPLAINT by Ron Sears, (Answer due 8/5/02 for Ayman Sabi, for Vincent Tan, for Roadhouse Grill, Inc ) amending [1-1] complaint (pa) 7/31/02 23 Waiver of service executed by Vincent Tan 7/6/02 Answer due by 9/4/02 for Vincent Tan (pa) 8/2/02 24 JOINT SELECTION OF MEDIATOR by Ron Sears (at) 8/22/02 25 AGREED MOTION by Vincent Tan, Ayman Sabi to extend time to respond to the amended class action complaint (pa) [Entry date 08/23/02] 8/27/02 26 ORDER GRANTING AGREED MOTION FOR ENLARGEMENT OF TIME:ORDER granting [25-1] motion to extend time to respond to the amended class action complaint reset answer due for 9/4/02 for Ayman Sabi, for Vincent Tan, for Roadhouse Grill, Inc (Signed by Judge Donald M. Middlebrooks on 8/27/02) [EOD Date: 8/27/02] (pa) 9/4/02 27 MOTION with memorandum in support by Vincent Tan, Ayman Sabi to dismiss plaintiffs' amended complaint (pa) [Entry date 09/05/02] 9/27/02 28 ORDER OF REASSIGNMENT: ORDER transferring case to Judge Jose Martinez (Signed by Judge Donald M. Middlebrooks on 9/27/02) [EOD Date: 9/30/02] (pa) [Entry date 09/30/02] 9/27/02 -- CASE reassigned to Judge Jose E. Martinez (pa) [Entry date 09/30/02] 10/3/02 29 MEMORANDUM by Ron Sears in opposition to [27-1] motion to dismiss plaintiffs' amended complaint (pa)

7 [Entry date 10/04/02] 10/15/02 30 UNOPPOSED MOTION by Ayman Sabi, Vincent Tan to exceed page limitation for reply memorandum in support of motion to dismiss (ra) [Entry date 10/16/02] 10/18/02 31 REPLY by Vincent Tan, Ayman Sabi in support of [27-1] motion to dismiss plaintiffs' amended complaint (ra) [Entry date 10/21/02] 10/23/02 32 ORDER granting [30-1] motion to exceed page limitation for reply memorandum in support of motion to dismiss ( Signed by Judge Jose E. Martinez on 10/23/02) [EOD Date: 10/24/02] (ra) [Entry date 10/24/02] 11/13/02 33 CERTIFICATION FOR TRNASFER TO MAGISTRATE JUDGE: The Clerk of Court shall hereby transfer the Magistrate Judge assignment for this case to Magistrate Judge Robert L. Dube (Signed by Ch. Magistrate Judge Linnea R. Johnson on 11/13/02) [EOD Date: 11/14/02] (pa) [Entry date 11/14/02] 11/13/02 -- Magistrate identification: Magistrate Judge Robert L. Dube (pa) [Entry date 11/14/02] 12/11/02 34 MOTION by Ron Sears to extend time dates contained in Court's pretrial scheduling order of 7/3/02 (pa) [Entry date 12/12/02] 12/18/02 35 JOINT MOTION by Ron Sears to substitute Robert J. Berg as Attorney (wc) [Entry date 12/19/02] 12/23/02 36 AGREED MOTION by Vincent Tan, Ayman Sabi to extend time for response to motion to extend dates contained in court's pretrial scheduling order of 7/3/02 (hd) [Entry date 12/26/02] 12/27/02 37 ORDER granting [35-1] joint motion to substitute Robert J. Berg as Attorney (Signed by Judge Jose E. Martinez on 12/26/02) [EOD Date: 12/30/02] (gp) [Entry date 12/30/02] 1/13/03 38 OPPOSITION by Roadhouse Grill, Inc, Vincent Tan, Ayman Sabi to [36-1] motion to extend time for response to motion to extend dates contained in court's pretrial scheduling order of 7/3/02 (wc) [Entry date 01/14/03]

8 1/14/03 39 ORDER granting [36-1] motion to extend time for response to motion to extend dates contained in court's pretrial scheduling order of 7/3/02 (Signed by Judge Jose E. Martinez on 01/14/03) [EOD Date: 1/15/03] (ra) [Entry date 01/15/03] 1/29/03 40 NOTICE of attorney appearance for Ron Sears by Stanley Bernstein (ra) [Entry date 01/30/03] 2/5/03 41 MOTION by Ron Sears for leave to withdraw appearance (ra) [Entry date 02/06/03] 2/7/03 42 MOTION by Ron Sears for Robert J. Berg to appear pro hac vice (ra) [Entry date 02/10/03] 2/7/03 -- Filing Fee Paid; FILING FEE $ RECEIPT # (ra) [Entry date 02/10/03] 2/11/03 43 ORDER granting [41-1] motion for leave to withdraw appearance ( Signed by Judge Jose E. Martinez on 02/11/03) [EOD Date: 2/12/03] (ra) [Entry date 02/12/03] 2/25/03 44 ORDER granting [42-1] motion for Robert J. Berg to appear pro hac vice ( Signed by Judge Jose E. Martinez on 02/25/03) [EOD Date: 2/26/03] (ra) [Entry date 02/26/03] 2/25/03 45 ORDER granting motion for pro hac vice for Stanley D. Bernstein (Signed by Judge Jose E. Martinez on 02/25/03) [EOD Date: 2/26/03] (ra) [Entry date 02/26/03] 3/4/03 46 ORDER setting motion hearing on [27-1] motion to dismiss plaintiffs' amended complaint by Ayman Sabi, Vincent Tan for 4:30 3/25/03 ( Signed by Judge Jose E. Martinez on 3/3/03) [EOD Date: 3/5/03] (lk) [Entry date 03/05/03] 3/5/03 47 ORDER denying [34-1] motion to extend time dates contained in Court's pretrial scheduling order of 7/3/02 ( Signed by Judge Jose E. Martinez on 03/04/03) [EOD Date: 3/6/03] (ra) [Entry date 03/06/03] 3/21/03 48 ORDER RESCHEDULING HEARING AND REMOVING CASE FROM TRAIL CALENDAR (Signed by Judge Jose E. Martinez on 03/20/03) [EOD Date: 3/24/03] (ra) [Entry date 03/24/03]

9 4/1/03 49 NOTICE OF FILING SUPPLEMENTAL AUTHORITY by Roadhouse Grill, Inc, Vincent Tan, Ayman Sabi re: (ra) [Entry date 04/02/03] 4/2/03 50 Minutes of Motion to Dismiss held before Judge Jose E. Martinez on 04/01/03; Court Reporter Name or Tape #: Larry Herr (ra) [Entry date 04/03/03] 4/2/03 -- Motion hearing re: [27-1] motion to dismiss plaintiffs' amended complaint Motion hearing held (ra) [Entry date 04/03/03] 4/4/03 51 ORDER granting [27-1] motion to dismiss plaintiffs' amended complaint ( Signed by Judge Jose E. Martinez on 04/04/03) [EOD Date: 4/7/03] (ra) [Entry date 04/07/03] 5/5/03 52 SECOND AMENDED COMPLAINT by Ron Sears, (Answer due 5/15/03 for Ayman Sabi, for Vincent Tan) amending [1-1] complaint adding Ken Joseph, Martin Ackman, Claire Ackman (ra) [Entry date 05/06/03] 6/4/03 53 MOTION by Vincent Tan, Ayman Sabi for leave to file motion to dismiss second amended class action complaint with incorporated memorandum of law (proposed amended motion in pod 2) (ra) [Entry date 06/05/03] 6/18/03 54 MOTION by Ron Sears, Ken Joseph, Martin Ackman, Claire Ackman for agreed briefing schedule (ra) [Entry date 06/19/03] 6/24/03 55 ORDER granting [53-1] motion for leave to file motion to dismiss second amended class action complaint with incorporated memorandum of law (Signed by Judge Jose E. Martinez on 06/20/03) [EOD Date: 6/25/03] (ra) [Entry date 06/25/03] 6/24/03 56 MOTION with memorandum in support by Vincent Tan, Ayman Sabi to dismiss second amended class action complaint (ra) [Entry date 06/25/03] 6/25/03 57 AGREED BRIEFING SCHEDULE/ORDER Opposition to motion reset to 7/9/03 for [56-1] motion to dismiss second amended class action complaint and Reply to opposition to Motion reset to 8/1/03 for [56-1] motion to dismiss second amended class action complaint (Signed by Judge Jose E. Martinez on

10 06/24/03) [EOD Date: 6/26/03] (ra) [Entry date 06/26/03] 7/10/03 58 MEMORANDUM by Ron Sears, Ken Joseph, Martin Ackman, Claire Ackman in opposition to [56-1] motion to dismiss second amended class action complaint (ra) [Entry date 07/11/03] 8/1/03 59 UNOPPOSED MOTION by Vincent Tan, Ayman Sabi to exceed page limitation (ra) [Entry date 08/04/03] 8/1/03 60 REPLY BRIEF by Vincent Tan, Ayman Sabi in support of [52-1] amended complaint (ra) [Entry date 08/04/03] 8/18/03 61 ORDER granting [59-1] motion to exceed page limitation ( Signed by Judge Jose E. Martinez on 08/18/03) [EOD Date: 8/19/03] (ra) [Entry date 08/19/03] 10/20/03 62 ORDER setting hearing; Motion hearing before Judge Jose E. Martinez set for 4:00 on 10/30/03 for [56-1] motion to dismiss second amended class action complaint (Signed by Judge Jose E. Martinez on 10/17/03) [EOD Date: 10/21/03] (bb) [Entry date 10/21/03] 10/30/03 -- Motion hearing re: [56-1] motion to dismiss second amended class action complaint Motion hearing held (mg) [Entry date 10/31/03] 10/31/03 63 Minutes of motion to dismiss held before Judge Jose E. Martinez on 10/30/03; [56-1] motion to dismiss second amended class action complaint - arguments heard- Court Reporter Name or Tape #: Larry Herr (mg) 12/24/03 64 Clerk's Notice of Magistrate Judge Reassignment pursuant to Administrative Order (Signed by Clerk on 12/24/03) [EOD Date: 12/29/03] (bb) [Entry date 12/29/03] 12/24/03 -- Magistrate identification: Magistrate Judge Theodore Klein (bb) [Entry date 12/29/03] 3/22/04 65 ORDER granting [56-1] motion to dismiss second amended class action complaint (Signed by Judge Jose E. Martinez on 03/22/04) [EOD Date: 3/23/04] (bb) [Entry date 03/23/04] 3/22/04 -- CASE CLOSED. Case and Motions no longer referred to Magistrate. [59-1] motion to exceed page limitation, [56-1]

11 motion to dismiss second amended class action complaint, [54-1] motion for agreed briefing schedule, [53-1] motion for leave to file motion to dismiss second amended class action complaint with incorporated memorandum of law, [42-1] motion for Robert J. Berg to appear pro hac vice, [41-1] motion for leave to withdraw appearance, [36-1] motion to extend time for response to motion to extend dates contained in court's pretrial scheduling order of 7/3/02, [35-1] joint motion to substitute Robert J. Berg as Attorney, [34-1] motion to extend time dates contained in Court's pretrial scheduling order of 7/3/02, [30-1] motion to exceed page limitation for reply memorandum in support of motion to dismiss, [27-1] motion to dismiss plaintiffs' amended complaint, [25-1] motion to extend time to respond to the amended class action complaint, [14-1] motion for appointment of lead plaintiffs, [14-2] motion approval of selection of lead counsel, [9-1] motion to stay this action, [8-1] joint motion to enter scheduling order (bb) [Entry date 03/23/04] 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