U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:02-cv MP

Transcription

1 US District Court Civil Docket as of 09/19/2007 Retrieved from the court on Tuesday, November 13, 2007 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:02-cv MP In Re: Merrill Lynch etoys, et al v. Merrill Lynch & Co., et al Assigned to: Judge Milton Pollack Demand: $0 Member cases: 1:02-cv JFK 1:02-cv MP 1:02-cv MP 1:02-cv MP 1:02-cv MP Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 08/20/2002 Date Terminated: 10/29/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Lead Plaintiff Dennis Fortin represented by Jack I. Zwick Weiss & Lurie The Fred French Building 551 Fifth Avenue New York, NY (212) Fax: LEAD ATTORNEY Plaintiff Alex Gorlovetsky on behalf of himself and all others similarly situated represented by Patrick Anthony Klingman Shepherd, Finkelman, Miller & Shah, LLC 65 Main Street Chester, CT (860) Fax: (860) LEAD ATTORNEY Pam Bianchi

2 Jack A. Boehm James B. Cheslin Kelly Peggs Daniel Watson V. Defendant Merrill Lynch & Co. Inc. Defendant Henry M. Blodget Defendant Merrill Lynch Pierce Fenner & Smith Inc. Date Filed # Docket Text 08/20/2002 CASE REFERRED TO Judge Milton Pollack] as possibly related to 21 MC 96 (MP). (rmo) (Entered: 08/26/2002) 08/21/ CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ RECEIPT # (rmo) Modified on 08/26/2002 (Entered: 08/26/2002) 08/29/2002 Case accepted as related to 1:21mc96. Notice of assignment to follow. (gmo) Modified on 10/01/2002 (Entered: 09/25/2002) 08/29/ Notice of Case Assignment to Judge Milton Pollack. Copy of notice and judge's rules mailed to Attorney(s) of record: Patrick Anthony Klingman. (gmo) (Entered: 09/25/2002) 08/29/2002 Magistrate Judge Kevin N. Fox is so designated. (gmo) (Entered: 09/25/2002) 12/09/2002 CASE MANAGEMENT ORDER #1, consolidating cases the action captioned Gorlovetsky v. Merrill Lynch & Co., Inc. and Henry Blodget, 02-CV-6645(MP)

3 brought on behalf of purchasers of the stock of etoys Inc. shall be carried in the Clerk's office and known as the In re Merrill Lynch & Co., Inc. etoys Inc. Research Reports Securities Litigation, 02-CV-6645 (MP). following actions, brought in other jurisdictions on behalf of purchasers of the common stock of etoys Inc. and transferred to this Court by order of the Judicial Panel on Multidistrict Litigation shall be, if all parties consent, consolidated with 02-CV- 6645(MP) and, if all parties do not consent to consolidation, the applicable action shall be stayed until further order of the Court: Bianchi v. Merrill Lynch & Co., Inc. and Henry Blodget 02-CV-6054 (C.D. Cal.) Boehm v. Merrill Lynch & Co., Inc. and Henry Blodget 02-CV-1391 (D. Ariz.) Cheslin v. Merrill Lynch & Co., Inc. and Henry Blodget 02-CV-3559 (N.D. Cal.) Peggs v. Merrill Lynch & Co., Inc. and Henry Blodget 02-CV-871 (D. Ariz.) Watson v. Merrill Lynch & Co., Inc. and Henry Blodget 8:02-CV-1416-T-24 (M.D. Fla.). ( signed by Judge Milton Pollack ); (ORIGINAL FILED IN 02md1484 AS DOCUMENT #133) (rag) Modified on 01/16/2003 (Entered: 12/20/2002) 12/09/2002 Consolidated Lead Case. (rag) (Entered: 12/20/2002) 03/14/ CONSOLIDATED AND AMENDED COMPLAINT by Dennis Fortin, Daniel Watson, Alex Gorlovetsky, Pam Bianchi, Jack A. Boehm, James B. Cheslin, Kelly Peggs (Answer due 3/24/03 for Henry M. Blodget, for Merrill Lynch & Co. ), amending [1-1] complaint against Merrill Lynch Pierce; Summons issued. (sb) Modified on 03/17/2003 (Entered: 03/17/2003) 09/03/ MEMORANDUM OF LAW by Alex Gorlovetsky in opposition to Defendants' Motions to Dismiss. (docmt received in night dep 9:31 p.m.) (djc) (Entered: 09/08/2003) 09/03/ MEMORANDUM OF LAW by Alex Gorlovetsky in opposition to Defendants' Motions to Dismiss; (docmt received in night dep. on 09/03/03 at 9:31 p.m.) (djc) (Entered: 09/08/2003) 09/26/2003 REPLY MEMORANDUM by Henry M. Blodget in support of his motion to dismiss the phase I cases, and in support of his joinder motion to dismiss and motion to strike of Merrill Lynch. Original document filed in 02cv3252 (MP), Doc # 22. (db) (Entered: 09/30/2003) 10/03/2003 ORDER, (This Document relates to , , , , , , , & ) for leave to file by 12:00pm on the 7th business days here from a specific response, if any is required, to the acceptability by the Court of the analysis of the allegations of the complaints in the captioned actions as set forth in the Appendix to Reply Memorandum of Law of Defts. Merrill Lynch, Pierce, Fenner & Smith Inc. in Further Support of their Motion to Dismiss the Complaints, filed w/the Court on 9/26/03, and referenced in the Defts' Reply Memo of Law at page 28. ( signed by Judge Milton Pollack ); ORIGINAL DOCUMENT ENTERED IN CASE #02 MDL 1484 (MP), DOC. #319. (tp) (Entered: 10/08/2003) 10/15/2003 JOINT NOTICE OF MOTION by Lead Plaintiff's, (This document relates to , , , , , , , , ) for an Order striking the Appendix to the Reply Memorandum of Law of Defendants Merrill Lynch & Co., Inc. and Merrill Lynch Pierce Fenner & Smith

4 Inc. in further Support of their Motion to Dismiss the Complaints filed w/the Court on 9/26/03; and to strike the Declaration of Joanne Gaboriault in Support thereof & Exhibits thereto ; and, for leave to file a surreply to address new matters raised in Defendants' Reply Memoranda, before Judge Pollack, at the Courthouse located at 40 Centre Street NY, NY 10007, at a time and date to be determined by the Court. Return Date at not indicated. ORIGINAL DOCUMENT ENTERED IN CASE #02 MDL 1484 (MP), DOC. #321. (tp) (Entered: 10/17/2003) 10/15/2003 LEAD PLAINTIFFS' JOINT RESPONSE TO ORDER OF 10/3/03 AND MEMORANDUM OF LAW in support of [0-1] motion (This document relates to , , , , , , , , ) for an Order striking the Appendix to the Reply Memorandum of Law of Defendants Merrill Lynch & Co., Inc. and Merrill Lynch Pierce Fenner & Smith Inc. in further Support of their Motion to Dismiss the Complaints filed w/the Court on 9/26/03; and to strike the Declaration of Joanne Gaboriault in Support thereof & Exhibits thereto, [0-2] motion for leave to file a surreply to address new matters raised in Defendants' Reply Memoranda, before Judge Pollack, at the Courthouse located at 40 Centre Street NY, NY 10007, at a time and date to be determined by the Court. ORIGINAL DOCUMENT ENTERED IN CASE #02 MDL 1484 (MP), DOC. #322. (tp) (Entered: 10/17/2003) 10/15/2003 Memo endorsed on motion; ORDER NO. 18; (This document relates to , , , , , , , , ); The motion to file a surreply in the form submitted is granted to be served & filed w/the Court on the return date, 10/17/03, of the motion to dismiss. The motion to strike Exhibits C, D, F & G of the Gaboriault Declaration is granted. The Motion to strike the balance of said Declaration is denied. The motion to strike defts' Appendix to their Reply Memorandum is denied. The Court will treat said Appendix as part of the arguments in defts' Reply Memorandum. ( signed by Judge Milton Pollack ); ORIGINAL DOCUMENT ENTERED IN CASE #02 MDL 1484 (MP), AND ENDORSED ON DOC. #321. (tp) (Entered: 10/17/2003) 10/15/ NOTICE OF MOTION by Dennis Fortin to strike the Appendix to the Reply Memo of Law of Merrill Lynch and the Declaration of Joanne Gaboriault in support thereof ; for leave to file a surreply to address new matters raised in Defts' Reply Memo ; Return Date not indicated (cd) (Entered: 10/21/2003) 10/15/ MEMORANDUM OF LAW by Dennis Fortin in support of [6-1] motion to strike the Appendix to the Reply Memo of Law of Merrill Lynch and the Declaration of Joanne Gaboriault in support thereof, [6-2] motion for leave to file a surreply to address new matters raised in Defts' Reply Memo. (cd) (Entered: 10/21/2003) 10/17/ Lead Plaintiffs' Joint Surreply Memorandum of Law in Opposition to Defendants' Motion to Dismiss (djc) (Entered: 11/05/2003) 10/22/ Plaintiff's submission concerning the paragraphs of the complaint that charge dfts with fraud by Alex Gorlovetsky. (dle) (Entered: 10/24/2003) 10/22/2003 SUPPLEMENTAL MEMORANDUM OF LAW by Henry M. Blodget in support of his motion to dismiss the Phase I cases. Original document filed in case #02md1484, document #331. (dle) (Entered: 11/07/2003) 10/22/2003 Plaintiff's submission concerning the paragraphs of the complaint that charge

5 defendants with fraud. Original document filed in case #02md1484, document #329. (dle) (Entered: 11/07/2003) 10/23/ AFFIDAVIT OF SERVICE of Lead Plaintiffs' Post-Argument Submission Regarding Defendants' Duty of Disclosure by hand and Fed Ex as to the attached list of attorneys on 10/22/03. (sb) (Entered: 10/28/2003) 10/27/ Post-argument submission regarding defendants' duty of disclosure by Dennis Fortin. (yv) (Entered: 10/29/2003) 10/29/2003 DECISION AND ORDER #21; the Complaints fail to state a claim principally because there are no claims in the Complaints that the alleged misrepresentations or omissions proximately caused the losses claimed; additionally, the complaints are barred by the relevant statute of limitations and the inference of scienter. These reasons alone are adequate to merit dismissal of the complaints with prejudice. It is not strictly necessary to address the myriad pleading deficiencies of the Complaints. However, ptffs. have repeatedly failed to cure the pleading defects despite having had ample opportunity to amend appropriately. Thus, the complaints merit dismissal w/prejudice because they fail to meet the essential pleading requirements of FRCP9(b) and the Reform Act. The Clerk is hereby directed to close all constituent cases relating to the 8 stocks here involved. ( signed by Judge Milton Pollack ); This Document relates to , 9931, 6637, 9852, 7739, 3252, 3634, 7585; orig. document filed in 02md1484 as document #340 (pl) Modified on 11/17/2003 (Entered: 11/10/2003) 10/29/2003 Case closed. (pl) (Entered: 11/10/2003) 12/01/ NOTICE OF APPEAL by Lead Plaintiffs from Order,,,,,,,,,.. Filing fee $ , receipt number E Copies of Notice of Appeal mailed to Attorney(s) of Record: Skadden, Arps, Slate, Meagher & flom and Foley & Lardner. (dt, ) (Entered: 12/08/2003) 02/04/ AMENDED NOTICE OF APPEAL re: [12] Notice of Appeal, Order,,,,,,,,,. Document filed by Dennis Fortin. Copies of Amended Notice of Appeal mailed to Attorney(s) of Record: Edward F. Haber, Esq. and Edward K. Yodowitz, Esq.. (dt, ) (Entered: 02/05/2004) 02/05/2004 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [13] Amended Notice of Appeal. (dt, ) (Entered: 02/05/2004) 02/05/2004 Transmission of Notice of Appeal to the District Judge re: [13] Amended Notice of Appeal. (dt, ) (Entered: 02/05/2004) 02/06/2004 CLERK'S JUDGMENT original filed in 02 MDL (Signed by J. Michael McMahon, Clerk on 02/06/04) copies mailed by clerk's office.(jf, ) (Entered: 02/06/2004) 03/12/ Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for [12] Notice of Appeal, [13] Amended Notice of Appeal filed by Dennis Fortin USCA Case Number cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (dt, ) (Entered: 03/12/2004) 05/05/ TRUE COPY ORDER of USCA as to [13] Amended Notice of Appeal filed by

6 Dennis Fortin, USCA Case Number Stipulation Withdrawing appeals from active consideration without prejudice, and with leave to reactivate. Roseann B. MacKechnie, Clerk USCA. Certified: 5/3/2006. (nd, ) (Entered: 05/08/2006) 05/08/2006 Transmission of USCA Mandate/Order to the District Judge re: [15] USCA Order,. (nd, ) (Entered: 05/08/2006) 08/22/ MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to [12] Notice of Appeal USCA Case Number cv. Stipulation withdrawing appeal from active consideration, without prejudice with leave to reactivate. Roseann B. MacKechnie, Clerk USCA. Certified: 8/21/2006. (nd, ) (Entered: 08/23/2006) 08/23/2006 Transmission of USCA Mandate/Order to the District Judge re: [16] USCA Mandate Withdrawing Appeal,. (nd, ) (Entered: 08/23/2006) 09/19/2007 JUDGMENT ORDER AND FINAL JUDGMENT settling action as to all actions listed in Schedule 1 of this judgment. (Orig filed in case no. 02 MD 1484 (JFK) as doc. # 467). (Signed by Judge John F. Keenan on 9/18/07) Filed In Associated Cases: 1:02-cv MP et al.(ml) (Entered: 10/26/2007) 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