U.S. District Court District of Oregon (Portland) CIVIL DOCKET FOR CASE #: 3:02-cv KI

Transcription

1 US District Court Civil Docket as of 12/08/2005 Retrieved from the court on Wednesday, August 15, 2007 U.S. District Court District of Oregon (Portland) CIVIL DOCKET FOR CASE #: 3:02-cv KI Cox et al v. Viacom International, Inc. et al Assigned to: Judge Garr M. King Cause: 15:78m(a) Securities Exchange Act Plaintiff James A. Cox Date Filed: 11/26/2002 Date Terminated: 09/27/2005 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Helen C. Tompkins Law Office of Helen Tompkins 111 SW Columbia Street Suite 1000 Portland, OR (503) Fax: (503) Robert J. McGaughey Law Offices of Robert J. McGaughey 111 SW Columbia St. Suite 1000 Portland, OR (503) Fax: (503) Plaintiff Cindy S. Cox On Behalf of Themselves and All Others Similarly Situated represented by Helen C. Tompkins (See above for address) Robert J. McGaughey (See above for address)

2 V. Defendant Viacom International, Inc. a Delaware corporation, Successor in Interest to Gulf + Western Inc. & Paramount Communications Inc., represented by Lori Irish Bauman Ater Wynne, LLP 222 SW Columbia Suite 1800 Portland, OR (503) Fax: (503) lib@aterwynne.com Steven K. Blackhurst Ater Wynne, LLP 222 SW Columbia Suite 1800 Portland, OR (503) Fax: (503) skb@aterwynne.com Defendant Bank of New York Company, Inc. a New York corporation represented by Lori Irish Bauman (See above for address) Steven K. Blackhurst (See above for address) Date Filed # Docket Text 11/26/ Complaint (Class Action Allegation) Demand for Jury Trial. Filing Fee collected. Receipt #: issued. Filed by Cindy S. Cox, James A. Cox against Bank of New York Company, Inc., Viacom International, Inc.. (pvh, ) (Entered: 11/27/2002) 11/26/ Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable Garr M. King. Discovery to be completed by 3/26/2003.

3 Joint Alternate Dispute Resolution Report due by 4/25/2003. Pretrial Order due by 4/25/2003. (pvh, ) (Entered: 11/27/2002) 11/26/ Notice of Certification of James A. Cox. Filed by James A. Cox. (pvh, ) (Entered: 11/27/2002) 11/26/ Notice of Certification of Cindy S. Cox. Filed by Cindy S. Cox. (pvh, ) (Entered: 11/27/2002) 12/17/ Return of Service Executed upon Viacom International, Inc. on 12/02/02. Filed by Cindy S. Cox, James A. Cox. (pvh, ) (Entered: 12/19/2002) 12/17/ Return of Service Executed upon The Bank of New York Company, Inc. on 12/02/02. Filed by Cindy S. Cox, James A. Cox. (pvh, ) (Entered: 12/19/2002) 12/23/ Motion for Extension of Time to Answer Complaint. Filed by all defendants. (dls, ) (Entered: 12/23/2002) 01/02/ ORDER:Record of Order - Granting Defendant's Motion for Extension of Time to Respond to Complaint (Related Doc #7) up to and including January 14, By Judge Garr M. King. (ecp, ) (Entered: 01/02/2003) 01/14/ Motion for Extension of Time to Answer Complaint. Filed by all defendants. (pvh, ) (Entered: 01/15/2003) 01/15/ Motion to Dismiss (Request for Oral Argument). Filed by all defendants. (pvh, ) (Entered: 01/16/2003) 01/15/ Memorandum in Support of Defendants' Motion to Dismiss. (Request for Oral Argument). Filed by all defendants. (Related document(s)10) (pvh, ) (Entered: 01/16/2003) 01/16/ CIVIL MINUTES:Record of Order -- Granting Defendants' Motion for Extension of Time to Respond to Complaint (#9)up to and including January 15, Setting Defendants' Motion to Dismiss (#10) for Oral Argument on 2/25/2003 at 01:30PM in Portland, in Courtroom 9A. (Related documents(s) 10, 9) Ordered by Judge Garr M. King. (ecp, ) (Entered: 01/16/2003) 01/16/ Motion for Class Certification. Oral Argument Requested. Filed by all plaintiffs. (pvh, ) (Entered: 01/17/2003) 01/16/ Memorandum in Support of Plaintiffs' Motion for Class Certification. Oral Argument Requested. Filed by all plaintiffs. (Related document(s)13) (pvh, ) (Entered: 01/17/2003) 01/16/ Declaration of James A. Cos. Filed by all plaintiffs. (Related document(s)13) (pvh, ) (Entered: 01/17/2003) 01/16/ Declaration of Robert J. McGaughey. Filed by all plaintiffs. (Related document(s)13) (pvh, ) (Entered: 01/17/2003) 01/16/ Declaration of Helen T. Dziuba. Filed by all plaintiffs. (Related document(s)13) (pvh, ) (Entered: 01/17/2003) 01/17/ CIVIL MINUTES:Record of Order -- Setting Plaintiff's Motion for Class

4 Certification (#13) for Oral Argument on 2/25/2003 (along with the Defendant's Motion to Dismiss) at 01:30PM in Portland, in Courtroom 9A. (Related documents(s) 13) Ordered by Judge Garr M. King. (ecp, ) (Entered: 01/17/2003) 01/22/ Motion for Stay Consideration of Plaintiffs' Motion for Class Certification. Request for Oral Argument. Expedited Consideration Requested. Filed by Viacom International, Inc.. (pvh, ) (Entered: 01/23/2003) 01/22/ Memorandum in Support of Motion to Stay Consideration of Plaintiffs' Motion for Class Certification. Request for Oral Argument. Expedited Consideration Requested. Filed by Viacom International, Inc.. (Related document(s)19) (pvh, ) (Entered: 01/23/2003) 01/23/ Response to Motion to Stay. Filed by all plaintiffs. (Related motion(s)19) (pvh, ) (Entered: 01/23/2003) 01/24/ ORDER:Record of Order - Granting Defendants' Motion to Stay Consideration of Plaintiffs' Motion for Class Certification (Related Doc #19). The Court will put a briefing schedule in place after ruling on Defendant's Motion to Dismiss (#10). Striking the oral argument on Plaintiffs' Motion for Class Certification set for 2/25/2003. By Judge Garr M. King. (ecp, ) (Entered: 01/24/2003) 01/27/ Motion for judicial notice of certain documents. Filed by all plaintiffs. (md, ) (Entered: 01/29/2003) 01/27/ Memorandum in Support of plaintiffs' motion for judical notice of certain documents. Filed by all plaintiffs. (Related document(s)23) (md, ) (Entered: 01/29/2003) 01/27/ Memorandum in Opposition to motion to dismiss. Oral Argument Requested. Filed by all plaintiffs. (Related motion(s)10) (md, ) (Entered: 01/29/2003) 02/05/ Motion for Extension of Time to File a Response/Reply to Motion # 10.. Filed by Bank of New York Company, Inc., Viacom International, Inc.. (pvh, ) (Entered: 02/06/2003) 02/06/ ORDER:Record of Order - Granting Defendant's Motion for Extension of Time to File Reply in Support of Motion to Dismiss (#26)up to and including 2/11/2003. By Judge Garr M. King. (Related documents(s) 10) (ecp, ) (Entered: 02/06/2003) 02/10/ CIVIL MINUTES:Record of Order -- Due to a conflict with the Court's schedule, the Court is resetting the Oral Argument on the Motion to Dismiss (#10) from 2/25/2003 to 2/26/2003 at 02:00PM in Portland, in Courtroom 9A. (Related documents(s) 10) Ordered by Judge Garr M. King. (ecp, ) (Entered: 02/10/2003) 02/11/ Reply in Support of Motion to Dismiss. Filed by all defendants. (Related motion(s)10) (pvh, ) (Entered: 02/12/2003) 02/26/ CIVIL MINUTES:Record of Oral Argument -- Taking Defendant's Motion to Dismiss (#10) under advisement. (Related documents(s) 10) Ordered by Judge Garr M. King. Counsel Present for Plaintiff: Helen Dziuba and Robert McGaughey. Counsel Present for Defendant: Steven K. Blackhurst. Court Reporter: Nancy Walker. (ecp, ) (Entered: 02/26/2003)

5 03/17/ Opinion. Signed 03/17/03 by Judge Garr M. King. (Related document(s)23, 10) (pvh, ) (Entered: 03/17/2003) 03/17/ ORDER. Plaintiff's Motion for Judicial Notice of Certain Documents (#23) is granted. Defendants' Motion to Dismiss (#10) is granted. Plaintiffs have leave to file an Amended Complaint within 20 days. The briefing on Plaintiffs' Motion for Class Certification will remain stayed. IT IS SO ORDERED. Signed on 03/17/03 by Judge Garr M. King. (pvh, ) (Entered: 03/17/2003) 03/24/ Motion for Extension of Discovery & PTO Deadlines. Filed by all plaintiffs. (pvh, ) (Entered: 03/25/2003) 03/26/ ORDER:Record of Order Granting Motion for Extension of Discovery & PTO Deadlines (Related Doc #33). The Stay of Discovery is Continued. Deadlines to be set once there is a viable complaint. by Judge Garr M King. (dls, ) (Entered: 03/26/2003) 04/03/ Amended Complaint (Class Action Allegation). Demand for Jury Trial. Filed by Cindy S. Cox, James A. Cox against Bank of New York Company, Inc., Viacom International, Inc.. (pvh, ) (Entered: 04/03/2003) 04/17/ Motion to Dismiss Amended Complaint. (Request for Oral Argument). Filed by all defendants. (pvh, ) (Entered: 04/18/2003) 04/17/ Memorandum in Support of Defendant's Motion to Dismiss Amended Complaint. (Request for Oral Argument). Filed by all defendants. (Related document(s)36) (pvh, ) (Entered: 04/18/2003) 04/22/ CIVIL MINUTES:Record of Order - Setting Defendants' Motion to Dismiss Amended Complaint (#36) for Oral Argument on 5/23/2003 at 09:00AM in Portland, in Courtroom 9A. (Related documents(s) 36)By Judge Garr M. King. (ecp, ) (Entered: 04/22/2003) 04/24/ Motion to Change Hearing date for Motion to Dismiss. Filed by all plaintiffs. (pvh, ) (Entered: 04/25/2003) 04/24/ Memorandum in Opposition to Motion to Dismiss Amended Complaint. Oral Argument Requested. Filed by all plaintiffs. (Related motion(s)36) (pvh, ) (Entered: 04/25/2003) 04/28/ CIVIL MINUTES:Record of Order - Granting Plaintiffs' Motion to Change Hearing Date For Motion to Dismiss (#39). Resetting Oral Argument on Defendant's Motion to Dismiss from 5/23/2003 to 5/12/2003 at 02:00PM in Portland, in Courtroom 9A. By Judge Garr M. King. (Related documents(s) 39) (ecp, ) (Entered: 04/28/2003) 05/07/ Reply in Support of Motion to Dismiss Amended Complaint. Filed by Bank of New York Company, Inc., Viacom International, Inc.. (Related document(s)36) (pvh, ) (Entered: 05/07/2003) 05/12/ CIVIL MINUTES:Record of Oral Argument before Judge Garr M. King. Counsel Present for Plaintiff: Helen Dziuba and Robert McGaughey. Counsel Present for Defendant: Steven Blackhurst. Court Reporter: Kelly Humiston. ORDER -Taking Defendant's Motion to Dimiss Amended Complaint under advisement as of

6 5/12/2003. (Related documents(s) 36) (ecp, ) (Entered: 05/12/2003) 05/23/ Opinion. Signed 05/23/03 by Judge Garr M. King. (Related document(s)36) (pvh, ) (Entered: 05/23/2003) 05/23/ ORDER. Defendants' Motion to Dismiss Amended Complaint (#36) is granted. Plaintiffs' Motion for Class Certification is moot. This action is dismissed with prejudice. IT IS SO ORDERED Signed on 05/23/03 by Judge Garr M. King. (Related Doc #36) (pvh, ) (Entered: 05/23/2003) 05/23/ Judgment. Based on the record, IT IS ORDERED AND ADJUDGED this action is dismissed with prejudice. Signed 05/23/03 by Judge Garr M. King. (pvh, ) (Entered: 05/23/2003) 06/12/ Notice of Appeal to USCA from order #46 entered on 5/23/03 Filing fee collected. Receipt # issued..cads and Representaion Statement submitted. Filed by plaintiffs Cindy S. Cox, James A. Cox. fh (Entered: 06/18/2003) 06/18/2003 Notification of Appeal mailed to USCA for the Ninth Circuit and to counsel along with copy of appealed document and docket sheet. (FRAP 3(d)((3)) USDC Notice of Appeal Doc. # 47.. (fh, ) (Entered: 06/18/2003) 06/25/ Transcript Ordering form for Transcript(s) of Proceedings: 2/26/03 hearing; 5/12/03 hearing.. Filed by plaintiffs/appellants James A. Cox and Cindy Cox. (fh, ) (Entered: 07/08/2003) 06/26/ Transcript of Proceedings held on 02/26/03 before Judge Garr M. King. Court Reporter: Nancy M. Walker. (pvh, ) (Entered: 06/27/2003) 06/27/ Docket number assigned, and tme schedule issued,by the United States Court of Appeals. USDC Notice of Appeal Doc. # 47.. (fh, ) (Entered: 07/08/2003) 07/14/ Transcript of Proceedings held on February 26, 2003 before Judge Garr M. King. Court Reporter: Nancy M. Walker. (pvh, ) (Entered: 07/15/2003) 07/24/ Transcript of Proceedings held on 5/12/03 before Judge Garr M King. Court Reporter: Kellie M Humiston. (dls, ) (Entered: 07/29/2003) 10/01/ Certificate of Record transmitted to USCA for USDC Notice of Appeal Doc. # 47and USCA # (fh, ) (Entered: 10/01/2003) 05/22/2004 Record on Appeal (entire original file) sent to USCA - 9th Circuit, re appeal CA (Related Document(s): Notice of Appeal47 ) (tomg, ) (Entered: 05/22/2004) 08/31/2004 Appeal Record Returned (one original volume and original transcripts 48, 51 and 52) returned from the 9th Circuit re Notice of Appeal CA (Related Document(s): Notice of Appeal47 ) (tomg, ) (Entered: 08/31/2004) 09/03/ MANDATE of USCA for the 9th Circuit re Notice of Appeal 47: The decision of the District Court is Reversed and Remanded. (Related Document(s): Notice of Appeal47 ) (tomg, ) (Entered: 10/01/2004) 10/13/ CIVIL MINUTES: Record of Order - Setting a Telephone Rule 16 Conference set for 10/19/2004 at 02:30PM. The Court will initiate the call to the following parties:

7 Helen T. Dziuba (503) , Robert J. McGaughey (503) , Lori Irish Bauman (503) , and Steven K. Blackhurst (503) , If parties other than those listed wish to participate, please contact Mary Austad at (503) Ordered by Judge Garr M. King. (mja, ) (Entered: 10/13/2004) 10/19/ CIVIL MINUTES: Record of Rule 16 Conference: Order - Setting a Telephone Status Conference for 11/9/2004 at 02:30PM. The Court will initiate the call to the following parties: Helen Dziuba (503) , Robert McGaughey (503) , Lori Bauman (503) and Steven Blackhurst (503) Helen Dziuba and Robert J. McGaughey present as counsel for plaintiff(s). Lori Bauman and Steven Blackhurst present as counsel for defendant(s). Court Reporter or Tape No.: Nancy Walker. Garr M. King presiding. (mja, ) (Entered: 10/19/2004) 11/02/ CIVIL MINUTES: Record of Order - Due to a conflict in the court's schedule, the court is resetting the Telephone Status Conference from 11/9/2004 to 11/10/2004 at 11:30AM. The Court will initiate the call to the following parties: Helen Dziuba (503) , Robert McGaughey (503) , Lori Bauman (503) and Steven Blackhurst (503) Ordered by Judge Garr M. King. (Entered: 11/02/2004) 11/03/ CIVIL MINUTES: Record of Order - Granting Plaintiffs' request to reset the Telephone Status Conference from 11/10/2004 at 11:30AM to 11/10/2004 at 01:30PM. The court will initiate the call to the following parties: Helen Dziuba (503) , Robert McGaughey (503) , Lori Bauman (503) Ordered by Judge Garr M. King. (mja, ) (Entered: 11/03/2004) 11/10/ CIVIL MINUTES: Record of Telephone Status Conference: Order - Plaintiffs' Motion regarding class certification is due by 2/15/2005. Response due by 3/8/2005. Reply due by 3/22/2005. Setting Oral Argument for 4/5/2005 at 01:00PM in Portland, Courtroom 9A, before Judge Garr M. King. Helen Dziuba and Robert McGaughey present as counsel for plaintiff(s). Lori Bauman present as counsel for defendant(s). Court Reporter: Jill Erwin. Garr M. King presiding. (mja, ) (Entered: 11/10/2004) 01/31/ CIVIL MINUTES: Record of Order - Due to a conflict in the court's schedule, the court is resetting the Oral Argument from 4/5/2005 to 4/7/2005 at 2:30PM in Portland< Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King. (mja, ) (Entered: 01/31/2005) 02/15/ Plaintiffs' Amended Motion for Class Certification. Oral Argument Requested. Filed by James A. Cox, Cindy S. Cox. (pvh, ) (Entered: 02/15/2005) 02/15/ Memorandum in Support. Filed by James A. Cox, Cindy S. Cox. (Related document(s): Motion to certify class61.)(pvh, ) (Entered: 02/15/2005) 02/15/ Declaration of Robert J. McGaughey. Filed by all plaintiffs. (Related document(s): Motion to certify class61.)(pvh, ) (Entered: 02/15/2005) 02/15/ Declaration of Robert J. McGaughey with attachments. Filed by all plaintiffs. (Related document(s): Motion to certify class61.)(pvh, ) (Entered: 02/15/2005) 02/15/ Declaration of Helen T. Dziuba. Filed by all plaintiffs. (Related document(s): Motion to certify class61.)(pvh, ) (Entered: 02/15/2005)

8 02/15/ Declaration of James A. Cox. Filed by James A. Cox. (Related document(s): Motion to certify class61.)(pvh, ) (Entered: 02/15/2005) 02/15/ Declaration of Cindy S. Cox. Filed by Cindy S. Cox. (Related document(s): Motion to certify class61.)(pvh, ) (Entered: 02/15/2005) 02/15/ Certificate of Service by all plaintiffs re Motion to Certify the Class61, Memorandum in Support of Motion62, Declaration63, Declaration64, Declaration65, Declaration66, Declaration67. Filed by all plaintiffs. (pvh, ) (Entered: 02/15/2005) 03/08/ Defendants' Memorandum Opposing Class Certification 61. Oral Argument Requested. Filed by all defendants.(pvh, ) (Entered: 03/10/2005) 03/08/ Declaration of Steven K. Blackhurst. Filed by all defendants. (Related document(s): Memorandum in Opposition69.)(pvh, ) (Entered: 03/10/2005) 03/08/ Declaration of Edward Hutchinson. Filed by all defendants. (Related document(s): Memorandum in Opposition69.)(pvh, ) (Entered: 03/10/2005) 03/08/ Declaration of Julie Salovitch-Miller (Not original signature). Filed by all defendants. (Related document(s): Memorandum in Opposition69.)(pvh, ) Modified on 3/10/2005 (pvh, ). (Entered: 03/10/2005) 03/09/ Renewed Declaration of Julie Salovitch-Miller. Filed by all defendants. (Related document(s): Memorandum in Opposition69.)(pvh, ) (Entered: 03/10/2005) 03/14/ Motion to Delay Oral Argument on Class Certification. Filed by James A. Cox, Cindy S. Cox. (mja, ) (Entered: 03/15/2005) 03/14/ Plaintiffs' Second Amended Motion for Class Certification (Fed R Civ P 23) and for Appointment of Lead Plaintiffs. Filed by James A. Cox, Cindy S. Cox. (mja, ) (Entered: 03/15/2005) 03/15/ CIVIL MINUTES: Record of Order - Setting a Telephone Conference on Plaintiff's Motion to Delay Oral Argument on Class Certification 74 for 3/16/2005 at 09:15AM. The court will initiate the call to the following parties: Helen T. Dziuba (503) and Lori Irish Bauman/Steven Blackhurst at (503) Ordered by Judge Garr M. King. (mja, ) (Entered: 03/15/2005) 03/16/ CIVIL MINUTES: Record of Telephone Conference: Plaintiff's Motion to Delay Oral Argument on Class Certification 75 is GRANTED. The Oral Argument Hearing set for 4/7/2005 is STRICKEN and RESET to 5/23/2005 at 01:30PM in Portland, Courtroom 9A, before Judge Garr M. King. Helen T. Dziuba present as counsel for plaintiff(s). Lori Irish Bauman and Steven Blackhurst present as counsel for defendant(s). Court Reporter: Dennis Grube. Garr M. King presiding.(mja, ) (Entered: 03/16/2005) 03/16/ CIVIL MINUTES: Record of Order - At Plaintiffs' Request, the court is resetting the time set for Oral Argument from 5/23/2005 to 5/31/2005 at 01:30PM in Portland, Courtroom 9A, before Judge Garr M. King. Ordered by Judge Garr M. King. (mja, ) (Entered: 03/16/2005) 03/22/ Reply Memorandum in Support of Plaintiffs' Amended Motion to Certify the Class

9 61, 75. Oral Argument Requested. Filed by all plaintiffs.(pvh, ) (Entered: 03/23/2005) 03/30/ Motion for Leave to File Sur-Reply in Opposition to Plaintiffs' Amended Motion for Class Certification. (Exhibit attached). Filed by all defendants. (pvh, ) (Entered: 04/04/2005) 04/04/ ORDER - Granting Defendants' Motion for Leave to File Sur-Reply in Opposition to Plaintiffs' Amended Motion for Class Certification 80. Ordered by Judge Garr M. King. G (mja, ) (Entered: 04/04/2005) 04/04/ Sur-Response of Defendants in Opposition to Motion for Class Certification 75. Filed by all defendants.(pvh, ) (Entered: 04/06/2005) 05/11/ ORDER - Plaintiffs' Amended Motion for Class Certification 61 is DENIED as MOOT based on the Second Amended Motion for Class Certification 75. Ordered by Judge Garr M. King. (mja, ) (Entered: 05/11/2005) 05/31/ CIVIL MINUTES: Record of Oral Argument: Order - Plaintiffs' Amended Motion for Class Certification 61 is taken UNDER ADVISEMENT this date. Helen T. Dziuba present as counsel for plaintiff(s). Steven Blackhurst and Lori Bauman present as counsel for defendant(s). Court Reporter: Nancy Walker. Garr M. King presiding. (mja, ) (Entered: 05/31/2005) 06/13/ Transcript of Motion Hearing Proceedings held on May 31, 2005, before Judge Garr M. King. Court Reporter: Nancy M. Walker. (pvh, ) (Entered: 06/14/2005) 07/07/ Opinion. Signed on 07/06/05 by Judge Garr M. King. (pvh, ) (Entered: 07/08/2005) 07/07/ ORDER. Plaintiff's Second Amended Motion for Class Certification and for Appointment as Lead Plantiffs (#75) is denied. Signed on 07/06/05 by Judge Garr M. King. (pvh, ) (Entered: 07/08/2005) 07/08/ CIVIL MINUTES: Record of Order - Setting a Telephone Conference to set a case schedule for 7/26/2005 at 11:00AM. The court will initiate the call to the following parties: Helen T. Dziuba, (503) , Robert J. McGaughey (503) , Lori Irish Bauman (503) , and Steven K. Blackhurst (503) Ordered by Judge Garr M. King. (mja, ) (Entered: 07/08/2005) 07/08/ CIVIL MINUTES: Record of Order - At Plaintiffs' request, the court is resetting the time set for the Telephone Conference from 7/26/2005 to 8/2/2005 at 09:30AM. The court will initiate the call to the following parties: Helen T. Dziuba, (503) , Robert J. McGaughey (503) , Lori Irish Bauman (503) , and Steven K. Blackhurst (503) Ordered by Judge Garr M. King. (mja, ) (Entered: 07/08/2005) 08/02/ CIVIL MINUTES: Record of Telephone Conference: Order - Setting a further Telephone Conference for 9/28/2005 at 9:30AM. The court will initiate the call to the following parties: Helen Dziuba (503) , Robert J. McGaughey (503) and Steven Blackhurst (503) Helen T. Dziuba and Robert McGaughey present as counsel for plaintiff(s). Steven Blackhurst present as counsel for defendant(s). Court Reporter: Dennis Grube. Garr M. King presiding. (mja, ) (Entered: 08/02/2005)

10 09/27/ Order of Dismissal. Signed on 09/27/05 by Deputy Clerk M. Austad. (pvh, ) (Entered: 09/28/2005) 12/07/ Stipulation Authorizing Entry of Judgment of Dismissal with prejudice by all parties. Filed by all parties. (pvh, ) (Entered: 12/08/2005) 12/08/ Judgment. Based on the stipulation of the parties, IT IS ORDERED AND ADJUDGED that this action is dismissed with prejudice, with each party to bear its own costs and attorney fees. Signed on 12/08/05 by Judge Garr M. King. (pvh, ) (Entered: 12/08/2005) 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