U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:01-cv JGK
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1 US District Court Civil Docket as of 05/31/2005 Retrieved from the court on Tuesday, August 15, 2006 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:01-cv JGK In Re: Loral Space & Commun, et al v. LTD Securities Litig, et al Assigned to: Judge John G. Koeltl Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 05/22/2001 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Philip J. Hage, Jr. Individually and On Behalf of Himself and All Others Similarly Situated represented by Aaron Lee Brody Stull Stull & Brody 6 East 45th Street, 5th Floor New York, NY Fax: ssbny@aol.com Joseph Harry Weiss Weiss & Lurie 551 Fifth Ave, New York, NY (212) Fax: jweiss@weisslurie.com Jules Brody Stull Stull & Brody 6 East 45th Street, 5th Floor New York, NY (212) Fax: (212) Laurence D. Paskowitz Goldman Gruder & Wood 200 Connecticut Avenue Norwalk, CT Fax:
2 Plaintiff Ron Maggiaro Individually and On Behalf of Himself and All Others Similarly Situated represented by Aaron Lee Brody Joseph Harry Weiss Jules Brody Laurence D. Paskowitz Plaintiff Joe F. Moore, Jr. represented by Robert I. Harwood Wechsler Harwood LLP 488 Madison Avenue, 8th Floor New York, NY Fax: V. Consolidated Plaintiff Merchants TNS Pension Trust represented by Robert I. Harwood Steven E. Cauley Cauley, Geller, Bowman & Coates, L.L.P Arcade Drive Suite 201 Little Rock, AR (501) Consolidated Plaintiff Laura S. Dalton represented by Robert I. Harwood
3 Steven E. Cauley Consolidated Plaintiff Michael T. Benson represented by Robert I. Harwood Steven E. Cauley Consolidated Plaintiff Marilyn Funt Individually and on behalf of herself and allothers similarly situated. represented by Robert I. Harwood Steven E. Cauley Consolidated Plaintiff Trident, Ltd. Profit Shariing Plan represented by Robert I. Harwood Steven E. Cauley Consolidated Plaintiff James Dwyer represented by Robert I. Harwood V. Defendant Loral Space & Communications Ltd. Defendant
4 Bernard Schwartz TERMINATED: 03/02/2004 Defendant Richard J. Townsend TERMINATED: 03/02/2004 Movant Stewart Paskalis represented by Aaron Lee Brody Jeffrey S. Abraham Law Offices of Jeffrey S. Abraham 60 East 42nd Street 4700 New York, NY (212) Joseph Harry Weiss Jules Brody Laurence D. Paskowitz Movant Richard Scalfan represented by Aaron Lee Brody Jeffrey S. Abraham Joseph Harry Weiss Jules Brody
5 Laurence D. Paskowitz Movant Seetha Ginjupalli represented by Aaron Lee Brody Jeffrey S. Abraham Joseph Harry Weiss Jules Brody Laurence D. Paskowitz Movant Stephen C. Tracy represented by Aaron Lee Brody Jeffrey S. Abraham Joseph Harry Weiss Jules Brody Laurence D. Paskowitz
6 Movant Fred Letz represented by Aaron Lee Brody Joseph Harry Weiss Jules Brody Movant Timothy A. Hutchinson represented by Aaron Lee Brody Joseph Harry Weiss Jules Brody Movant S. Gene Cauley represented by S. Gene Cauley Cauley Geller Bowman Coates & Rudman 200 Broadhollow Road Melville, NY Date Filed # Docket Text 05/22/ CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ RECEIPT # (jco) (Entered: 05/23/2001) 05/22/ RULE 1.9 CERTIFICATE filed by Philip J. Hage Jr., Ron Maggiaro. (jco) (Entered: 05/23/2001) 05/22/2001 Magistrate Judge Frank Maas is so designated. (jco) (Entered: 05/23/2001) 07/23/ STIPULATION and ORDER; the time for defts to answer, move or respond to the
7 complaint is extended to 30 days after: (a) a superseding or amended complaint has been served on defts; or (b) when a Lead Pltff and Lead Counsel have been appointed to pursue the claims asserted in such a consolidated complaint, whichever comes later. ( signed by Judge John G. Koeltl ) (sn) (Entered: 07/26/2001) 07/23/ NOTICE OF MOTION (FILED ON SERVICE DATE) by Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli, Stephen C. Tracy to consolidate case 01cv4388(JGK) as Lead Case with 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206, appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli and Stephen C. Tracy to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and approving Movants' selection of Co-Lead Counsel. No return date indicated. Proposed Order attached. (Received in Night Box on 7/23/01 at 10:48pm) [Original filed in 01cv4388(JGK) as Doc# 4 and docketed in 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206.] (dcap) Modified on 07/27/2001 (Entered: 07/27/2001) 07/23/ DECLARATION of Aaron Brody by Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli, Stephen C. Tracy in support Re: [4-1] motion to consolidate case 01cv4388(JGK) as Lead Case with 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206, [4-2] motion appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli and Stephen C. Tracy to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [4-3] motion approving Movants' selection of Co-Lead Counsel. (Received in Night Box on 7/23/01 at 10:48pm) [Original filed in 01cv4388(JGK) as Doc# 5 and docketed in 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206.] (dcap) (Entered: 07/27/2001) 07/23/ MEMORANDUM OF LAW by Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli, Stephen C. Tracy in support of [4-1] motion to consolidate case 01cv4388(JGK) as Lead Case with 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206, [4-2] motion appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli and Stephen C. Tracy to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [4-3] motion approving Movants' selection of Co-Lead. (Received in Night Box on 7/23/01 at 10:48pm) [Original filed in 01cv4388(JGK) as Doc# 6 and docketed in 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206.] (dcap) (Entered: 07/27/2001) 07/23/ NOTICE OF MOTION by Michael T. Benson and The Finan Group; for an order to consolidate cases 91cv4388, 91cv4491, 01cv4554, 01cv4785 and 01cv5038 ; for the appointment of lead plaintff ; for the approval of the proposed lease Plaintiff's selection of Co-Lead Counsel ; Return date: 8/24/01. (pl) (Entered: 07/31/2001) 07/27/ MEMORANDUM OF LAW in support of [7-1] motion for an order to consolidate cases 91cv4388, 91cv4491, 01cv4554, 01cv4785 and 01cv5038, [7-2] motion for the appointment of lead plaintff, [7-3] motion for the approval of the proposed lease Plaintiff's selection of Co-Lead Counsel. (pl) Modified on 08/28/2002 (Entered: 07/31/2001) 07/27/ DECLARATION of Jeffrey M. Norton in support of Re: [7-1] motion for an order to consolidate cases 91cv4388, 91cv4491, 01cv4554, 01cv4785 and 01cv5038, [7-2] motion for the appointment of lead plaintff. (pl) Modified on 07/31/2001
8 (Entered: 07/31/2001) 07/30/ ORDER, response to motion reset to 8/10/01 for [4-2] motion appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli and Stephen C. Tracy to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and reset to 8/10/01 for [7-2] motion for the appointment of lead plaintff ; Reply to Response to Motion reset to 8/24/01 for [4-2] motion appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli and Stephen C. Tracy to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and reset to 8/24/01 for [7-2] motion for the appointment of lead plaintff. ( signed by Judge John G. Koeltl ); Copies mailed. (kw) (Entered: 07/31/2001) 08/10/ NOTICE OF MOTION (FILED ON SERVICE DATE) by Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli, Stephen C. Tracy, Timothy A. Hutchinson to permit Timothy A. Hutchinson to be included in the Proposed Lead Plaintiff Group, to consolidate case 01cv4388(JGK) as Lead Case with 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206, appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Settha Ginjupalli, Stephen C. Tracy and Timothy A. Hutchinson to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and approving Movants' selection of Co-Lead Counsel. No return date indicated. Proposed Order attached. (Received in Night Box on 8/10/01 at 8:03pm) [Original filed in 01cv4388(JGK) as Doc# 11 and docketed to 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206.] (dcap) Modified on 08/16/2001 (Entered: 08/16/2001) 08/10/ DECLARATION of Aaron Brody by Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli, Stephen C. Tracy, Timothy A. Hutchinson in support Re: [11-1] motion to permit Timothy A. Hutchinson to be included in the Proposed Lead Plaintiff Group, [11-2] motion to consolidate case 01cv4388(JGK) as Lead Case with 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206, [11-3] motion appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Settha Ginjupalli, Stephen C. Tracy and Timothy A. Hutchinson to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [11-4] motion approving Movants' selection of Co-Lead Counsel. (Received in Night Box on 8/10/01 at 8:03pm) [Original filed in 01cv4388(JGK) as Doc# 12 and docketed to 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206.] (dcap) Modified on 08/16/2001 (Entered: 08/16/2001) 08/10/ MEMORANDUM OF LAW by Fred Letz, Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli, Stephen C. Tracy, Timothy A. Hutchinson in support of [11-1] motion to permit Timothy A. Hutchinson to be included in the Proposed Lead Plaintiff Group, [11-2] motion to consolidate case 01cv4388(JGK) as Lead Case with 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206, [11-3] motion appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Settha Ginjupalli, Stephen C. Tracy and Timothy A. Hutchinson to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [11-4] motion approving Movants' selection of Co-Lead Counsel. (Received in Night Box on 8/10/01 at 8:03pm) [Original filed in 01cv4388(JGK) as Doc# 13 and docketed to 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206.] (dcap) Modified on 08/16/2001 (Entered: 08/16/2001)
9 08/10/ DECLARATION of Robert I. Harwood by Michael T. Benson in opposition Re: [11-1] motion to permit Timothy A. Hutchinson to be included in the Proposed Lead Plaintiff Group, [11-2] motion to consolidate case 01cv4388(JGK) as Lead Case with 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206, [11-3] motion appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Settha Ginjupalli, Stephen C. Tracy and Timothy A. Hutchinson to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [11-4] motion approving Movants' selection of Co-Lead Counsel. [Original filed in 01cv4388(JGK) as Doc# 14 and docketed in 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206.] (dcap) (Entered: 08/16/2001) 08/10/ MEMORANDUM OF LAW by Michael T. Benson in opposition to [11-1] motion to permit Timothy A. Hutchinson to be included in the Proposed Lead Plaintiff Group, [11-2] motion to consolidate case 01cv4388(JGK) as Lead Case with 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206, [11-3] motion appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Settha Ginjupalli, Stephen C. Tracy and Timothy A. Hutchinson to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [11-4] motion approving Movants' selection of Co-Lead Counsel. [Original filed in 01cv4388(JGK) as Doc# 15 and docketed in 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206.] (dcap) (Entered: 08/16/2001) 08/24/ Finan Group's (Michael T. Benson, Joe F. Moore, Jr., Eugene Finan, Taylor Gray, David Biser, John DeFillippo and Tracy Watkins) MEMORANDUM OF LAW in opposition to [11-1] motion to permit Timothy A. Hutchinson to be included in the Proposed Lead Plaintiff Group, [11-3] motion appointing Fred Letz, Paskalis, Richard Scalfan, Settha Ginjupalli, Stephen C. Tracy and Timothy A. Hutchinson to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934; and in further Support of the Finan Group's Motion for Lead Plaintiff and for appointment of lead Counsel; (docmt received in night dep. on 08/24/01 at 6:10 p.m.) (djc) Modified on 09/05/2001 (Entered: 09/05/2001) 08/24/ DECLARATION of Laurence D. Paskowitz by Philip J. Hage Jr., Ron Maggiaro Re: submission of a true and correct copy of a supplemental certification executed by Plaintiff Tracy under pain and penalty of perjury on August 22, 2001, which sets forth his transactions in Loral securities prior to December 14, (djc) Modified on 09/05/2001 (Entered: 09/05/2001) 08/24/ REPLY MEMORANDUM by Stewart Paskalis, Richard Scalfan, Seetha Ginjupalli, Stephen C. Tracy, Fred Letz, Timothy A. Hutchinson in Support of [11-1] motion to permit Timothy A. Hutchinson to be included in the Proposed Lead Plaintiff Group, [11-2] motion to consolidate case 01cv4388(JGK) as Lead Case with 01cv4491, 01cv4554, 01cv4785, 01cv5038 and 01cv6206, [11-3] motion appointing Fred Letz, Stewart Paskalis, Richard Scalfan, Settha Ginjupalli, Stephen C. Tracy and Timothy A. Hutchinson to serve as lead plaintiffs in the action purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, [11-4] motion approving Movants' selection of Co-Lead Counsel; and in Opposition to the Finan Group's Motion for appiontment of Lead Plaintiffs. (djc) (Entered: 09/05/2001) 01/25/ Compendium of Unpublished Authorities by Joe F. Moore, Jr., Eugene Finan, Taylor Gray, David Biser, John DeFillippo and Tracy Watkins. Received in night
10 deposit box on 1/25/02 at 9:11 p.m. (yv) Modified on 01/29/2002 (Entered: 01/29/2002) 01/25/ DECLARATION of Jeffrey M. Norton by Joe F. Moore, Jr., Eugene Finan, Taylor Gray, David Biser, John DeFillippo and Tracy Watkins in support Re: [7-1] motion for an order to consolidate cases 91cv4388, 91cv4491, 01cv4554, 01cv4785 and 01cv5038, [7-2] motion for the appointment of lead plaintff, [7-3] motion for the approval of the proposed lease Plaintiff's selection of Co-Lead Counsel. Received in night deposit box on 1/25/02 at 9:11 p.m. (yv) Modified on 01/29/2002 (Entered: 01/29/2002) 01/25/ MEMORANDUM OF LAW by Joe F. Moore, Jr., Eugene Finan, Taylor Gray, David Biser, John DeFillippo and Tracy Watkins in support of [7-1] motion for an order to consolidate cases 91cv4388, 91cv4491, 01cv4554, 01cv4785 and 01cv5038, [7-2] motion for the appointment of lead [7-3] motion for the approval of the proposed lease Plaintiff's selection of Co-Lead Counsel. Received in night deposit box on 1/25/02 at 9:11 p.m. (yv) Modified on 01/29/2002 (Entered: 01/29/2002) 02/05/ AFFIDAVIT of Laurence D. Paskowitz by Timothy A. Hutchinson in support of plaintiffs' letter motion fro extension of time. (bai) (Entered: 02/07/2002) 02/05/ MEMORANDUM OF LAW by Timothy A. Hutchinson re: in further support of motion for appoitment as lead plaintiff and in opposition to the appoitment of the Finan Group as lead plaintiff. (bai) (Entered: 02/07/2002) 02/12/ REPLY MEMORANDUM by Michael T. Benson and the Finan Group in support of plaintiff's [7-1] motion for an order to consolidate cases 91cv4388, 91cv4491, 01cv4554, 01cv4785 and 01cv5038, [7-2] motion for the appointment of lead plaintff, [7-3] motion for the approval of the proposed lease Plaintiff's selection of Co-Lead Counsel (db) (Entered: 02/14/2002) 02/22/ Memo-Endorsement on letter addressed to Judge Koeltl from Robert I. Harwood, dated 02/05/02; the Finan Group may file a final Sur-Reply memo by 02/12/02 ; ( signed by Judge John G. Koeltl ); Copies mailed. (djc) (Entered: 02/25/2002) 03/11/ ORDER; granting [7-1] motion for an order to consolidate cases 01cv4388, 91cv4491, 01cv4554, 01cv4785 and 01cv5038, 01 cv 6206 and 01 cv 6709; Every pleading filed in this proceeding, or in any separate action included herein shall bear the caption as set forth herein ; ( signed by Judge John G. Koeltl ); Copies mailed. (djc) Modified on 04/04/2002 (Entered: 03/19/2002) 03/11/ ORDER; that Joe F. Moore, Jr. is the most adequate plaintiff and is appointed as Lead Plaintiff for the putative class and any subsequently consolidated or related action to represent the interests of the putative class; Lead plaintiff selection of Co- Lead Counsel for the putative class is hereby approved. The law firms of Wechsler Harwood Halebian & Feffer LLP and Cauley Geller Bowman & Coates, LLP are appointed Co-Lead Counsel pursuant to Section 21(D)(a)(3)(B)(v) of the Exchange Act; Co-Lead Counsel shall have authority to speak for all plaintiffs and putative class members in all matter regarding the litigation as set forth in this Order; this Order shall apply to each case subsequently filed in this Court or transferred to this Court, unless a party objecting to the consolidation of such case or to any other provision of this Order files within ten days after the date upon which a copy fo this
11 Order is mailed to counsel for such party, and application for relief form this Order or any provision herein and this Court deems it apropriate to grant such application. ( signed by Judge John G. Koeltl ); Copies mailed. (pl) (Entered: 03/19/2002) 03/11/2002 Consolidated Lead Case. (dcap) (Entered: 03/11/2003) 03/29/2002 Terminated documents 4-1,4-2,4-3,7-1,7-2,7-3,11-1, 11-2,11-3,11-4 pursuant to order of Judge Koeltl as indicated on the CJRA report. (rag) (Entered: 04/02/2002) 04/18/ ORDER, that this Court's prior Order to Consolidate for All Purposes, entered 3/19/02, item A(10), directing pltff to serve a single, consolidated, amended class action complaint by 4/18/02, is hereby to the extent that pltff shall have until on or before 5/6/02 to serve a consolidated, amended class action complaint. ( signed by Judge John G. Koeltl ); Copies mailed. (sac) (Entered: 04/19/2002) 05/06/ CONSOLIDATED CLASS ACTION AMENDED COMPLAINT by plaintiffs (Answer due 5/20/02 for Richard J. Townsend, for Bernard Schwartz, for Loral Space & Comm. ) amending [1-1] complaint. Jury trial demanded. (Rec. in the night deposit box 5/6/02). (kw) Modified on 05/10/2002 (Entered: 05/10/2002) 05/06/ DEMAND for jury trial for plaintiffs. (kw) (Entered: 05/10/2002) 06/24/ STIPULATION and ORDER, the time for Defendants, Loral Space & Comm., Bernard Schwartz, and Richard J. Townsend to answer, move or otherwise respond to the Consolidated Class Action Complaint in this action is hereby extended to 7/12/02. If Defendants move to dismiss, Plaintiffs' opposition papers are to be served and filed on or before 8/26/02 and Defendants' reply papers are to be served and filed on or before 9/10/02. There have been no previous requests for an adjournment of time to answer, move or otherwise respond to the Consolidated Complaint. ( signed by Judge John G. Koeltl ) (ae) (Entered: 06/27/2002) 07/12/ NOTICE OF MOTION (filed on service date) by Loral Space & Comm., Bernard Schwartz, Richard J. Townsend for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr. Townsend pursuant to Rules 12(b)(6) and 9(b) of the F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u-4(b). Return Date not indicated. (dle) (Entered: 07/17/2002) 07/15/ Memo-Endorsement on letter addressed to Judge Koeltl from Stacey E. Paradise, dated 7/2/02; granting counsel's request for permission to submit a single brief on behalf of Loral Space & Communications Ltd., Bernard L. Schwartz and Richard J. Townsend in excess of the Court's 25 page limit, and anticipate filing the brief not longer than 45 pages in length. ( signed by Judge John G. Koeltl ); Copies mailed. (kkc) (Entered: 07/16/2002) 07/15/ MEMORANDUM OF LAW by Loral Space & Comm., Bernard Schwartz, Richard J. Townsend in support of [32-1] motion for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr. Townsend pursuant to Rules 12(b)(6) and 9(b) of the F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u-4(b). (dle) (Entered: 07/17/2002) 07/15/ AFFIDAVIT of Francis J. Menton, Jr. by Loral Space & Comm., Bernard Schwartz, Richard J. Townsend in support of [32-1] motion for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr.
12 Townsend pursuant to Rules 12(b)(6) and 9(b) of the F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u-4(b). (dle) (Entered: 07/17/2002) 07/15/ RULE 1.9 CERTIFICATE filed by Loral Space & Comm.. (dle) (Entered: 07/17/2002) 08/26/ STIPULATION and ORDER; Plaintiff's Response to Motion reset for 9/25/02 re: [32-1] motion for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr. Townsend pursuant to Rules 12(b)(6) and 9(b) of the and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u-4(b) ; Defendant's Reply to Response to Motion reset for 10/10/02 re: [32-1] motion for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr. Townsend pursuant to Rules 12(b)(6) and 9(b) of the F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u-4(b) ; ( signed by Judge John G. Koeltl ) (djc) (Entered: 08/27/2002) 09/16/ NOTICE of Change of Firm Name to Wechsler Harwood LLP. (sac) (Entered: 09/20/2002) 09/26/ STIPULATION and ORDER; Plaintiff's Response to Motion reset for 10/25/02 re: [32-1] motion for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr. Townsend pursuant to Rules 12(b)(6) and 9(b) of the F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u- 4(b) ; Defendants' Reply to Response to Motion reset for 11/12/02 re: [32-1] motion for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr. Townsend pursuant to Rules 12(b)(6) and 9(b) of the F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u- 4(b) ; ( signed by Judge John G. Koeltl ) (djc) (Entered: 09/30/2002) 11/04/ STIPULATION and ORDER, The time for Plaintiffs to respond to the [32-1] motion to dismiss is extended from 10/25/02 to and including 11/8/02. Defendants' reply papers to the [32-1] motion to dismiss are to be served and filed on or before 11/22/02. ( signed by Judge John G. Koeltl ) (sb) (Entered: 11/06/2002) 11/08/ MEMORANDUM OF LAW by Philip J. Hage Jr., Ron Maggiaro, Joe F. Moore Jr., Merchants TNS Pensio, Laura S. Dalton, Michael T. Benson, Marilyn Funt, Trident, Ltd Profit, James Dwyer in opposition to [32-1] motion for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr. Townsend pursuant to Rules 12(b)(6) and 9(b) of the F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u-4(b). (dle) (Entered: 11/13/2002) 11/08/ Plaintiffs Philip J. Hage Jr., Ron Maggiaro, Joe F. Moore Jr., Merchants TNS Pensio, Laura S. Dalton, Michael T. Benson, Marilyn Funt, Trident, Ltd Profit, James Dwyer opposition to dfts Loral Space, Schwartz and Townsend motion to dismiss plaintiff's consolidated class action complalint. (dle) (Entered: 11/13/2002) 11/08/ Appendix of unreported cases cited in plaintiff's Philip J. Hage Jr., Ron Maggiaro, Joe F. Moore Jr., Merchants TNS Pensio, Laura S. Dalton, Michael T. Benson, Marilyn Funt, Trident, Ltd Profit, James Dwyer memorandum of law in opposition to dfts Loral Space, Schwartz and Townsend's motion to dismiss the consolidated class action complaint. (dle) (Entered: 11/13/2002)
13 11/14/ Memo-Endorsement on letter addressed to Judge Koeltl from J. Allen Carney, dated 11/7/02; granting Lead Pltff's request for permission to submit a brief in excess of the Court's page limit of 25 pages. ( signed by Judge John G. Koeltl ); Copies faxed by Chamber (sac) (Entered: 11/15/2002) 12/02/ STIPULATION, Defts' Reply to Response to Motion reset for 12/20/02 re: [32-1] motion for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr. Townsend pursuant to Rules 12(b)(6) and 9(b) of the F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u- 4(b) ( signed by Judge John G. Koeltl ) (cd) (Entered: 12/03/2002) 12/17/ Memo-Endorsement on letter addressed to Judge Koeltl from Jeanne M. Luboja, dated 12/12/02. Re: counsel for dft Loral Space requests the Court permission for leave to file single reply brief not exceeding 25 pages in length. Application granted. ( signed by Judge John G. Koeltl ) (db) (Entered: 12/23/2002) 12/20/ REPLY MEMORANDUM by Loral Space & Comm., Bernard Schwartz, Richard J. Townsend in further support of [32-1] motion for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr. Townsend pursuant to Rules 12(b)(6) and 9(b) of the F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u-4(b). Attached Appendix of Unreported Cases. (sb) Modified on 12/31/2002 (Entered: 12/31/2002) 03/03/ Memo endorsed on motion; that S. Gene Cauley to appear pro hac vice in this action. ( signed by Judge John G. Koeltl ); forwarded this document to the Attorney Admissions Clerk. (pl) (Entered: 03/05/2003) 03/06/ ORDER, that for the reasons set forth, the Court is denying defendants' [32-1] motion for an order dismissing the complaint in its entirety as to defendants Loral, Mr. Schwartz and Mr. Townsend pursuant to Rules 12(b)(6) and 9(b) of the F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15U.S.C. 78u- 4(b); All activity in this action shall be temporarily suspended, and the parties shall have 30 days in which to report to the Court whether or not insurer approval of the tentative settlement has been obtained and all other issues with respect to the settlement have been resolved ; Within 15 days after the parties notify the Court that insurer approval and all other issues relating to the tentative settlement have been resolved, Plaintiffs' counsel shall submit to the Court a preliminary approval order, together with proposed forms of notice to the class, a stipulation of settlement and the other usual settlement papers provided to the Court with a preliminary approval order. ( signed by Judge John G. Koeltl ). (tp) (Entered: 03/06/2003) 05/19/ ORDER; the defendants' time to move or answer is extended to 06/09/03; the Defendants' time to move or answer is extended to 06/27/03; the plaintiffs may respond to any motion by 07/18/03. the Defendants may file any reply by 07/30/03 ; The currently pending motion is denied without prejudice to renewal with respect to any amended complaint ; ( signed by Judge John G. Koeltl ); (djc) (Entered: 05/20/2003) 06/09/ SECOND CONSOLIDATED CLASS ACTION COMPLAINT filed. Jury trial demanded. (rec'd in the night deposit box on 6/9/03 on 5:23 p.m.) (sac) Modified on 06/12/2003 (Entered: 06/12/2003)
14 07/03/ Transcript of record of proceedings before Judge John G. Koeltl for the date(s) of May 9, (dt) (Entered: 07/23/2003) 07/07/ STIPULATION and ORDER, the time for defendant to answer, move or otherwise respond to the Second Consolidated Class Action Complaint in this action is hereby extended to and including 7/31/03 for Richard J. Townsend, for Bernard Schwartz, for Loral Space Comm., if defendants move to dismiss, plaintiffs' opposition papers are to be served and filed on or before 8/21/03, and defendants' reply papers are to be served and filed on or before 9/2/03. ( signed by Judge John G. Koeltl ) (yv) (Entered: 07/08/2003) 07/07/2003 Deadline(s) updated: scheduling order deadlines: Response to motion deadline 8/21/03 ; Reply to response to motion deadline 9/2/03 ;. (yv) (Entered: 07/08/2003) 07/31/ Memo-Endorsement on letter addressed to Judge John G. Koeltl from Jeanne Luboja, dated 7/28/03. Re:, counsel for dfts Loral Space, Schwartz and Townsend request permission from the court to submit a single brief on behalf of Mr. Schwartz and Mr. Townsend in excess of the court's page limit of 25 pages, but no longer than 60 pages. The moving brief is to be no longer than 40 pages. The responsive brief is to be no longer than 40 pages. The reply brief is to be no longer than 20 pages. The parties are also to follow the Court of Appeals' rules with respect to typing, font, etc.. ( signed by Judge John G. Koeltl ); (dle) (Entered: 08/01/2003) 08/01/ NOTICE OF MOTION by Bernard Schwartz, Richard J. Townsend to dismiss the Second Amended Complaint ; Return Date not indicated (cd) (Entered: 08/05/2003) 08/01/ AFFIDAVIT of Francis Menton by Bernard Schwartz, Richard J. Townsend in support of [54-1] motion to dismiss the Second Amended Complaint. (cd) (Entered: 08/05/2003) 08/01/ MEMORANDUM OF LAW by Bernard Schwartz, Richard J. Townsend in support of [54-1] motion to dismiss the Second Amended Complaint; accompanied by a volume of unreported cases (cd) (Entered: 08/05/2003) 08/20/ SUGGESTION OF BANKRUPTCY by Loral Space & Comm. as to Loral Space & Comm. (sb) (Entered: 08/22/2003) 08/21/ MEMORANDUM OF LAW by Philip J. Hage Jr., Ron Maggiaro, Joe F. Moore Jr.in opposition to [54-1] motion to dismiss the Second Amended Complaint. (db) (Entered: 08/26/2003) 08/29/ STIPULATION, THIS DOCUMENT RELATES TO ALL ACTIONS. The time for defendants to serve their reply papers in this action is hereby extended from 9/2/03 to and including 10/2/03. ( signed by Judge John G. Koeltl ) (tp) (Entered: 09/04/2003) 08/29/2003 Deadline(s) updated: Defendants Reply to Response to Motion reset for 10/2/03 re: [54-1] motion to dismiss the Second Amended Complaint. (tp) (Entered: 09/04/2003) 10/03/ REPLY MEMORANDUM by Bernard Schwartz, Richard J. Townsend in support re: [54-1] motion to dismiss the Second Amended Complaint. (dle) (Entered:
15 10/07/2003) 02/27/ MEMORANDUM AND OPINION # 89735; The Court has considered all of the remaining arguments of the parties, and they are either moot or without merit. For the reasons stated above, the defendants' [54] motion to dismiss the claims in the amended complaint against defendants Schwartz and Townsend is granted. (Signed by Judge John G. Koeltl on 2/23/04) (sb, ) (Entered: 03/02/2004) 02/27/2004 Transmission to Judgments and Orders Clerk. Transmitted re: [61] Memorandum & Opinion, to the Judgments and Orders Clerk for preparation of Judgment. (sb, ) (Entered: 03/02/2004) 02/27/ ORDER that the plaintiffs should advise the court of the status of this case by 9/3/04; parties are directed to provide further submissions addressing the issues as further set forth in this order; the dfts' papers shall be submitted by 3/5/04; the plaintiffs' papers shall be submitted by 3/15/04; the dfts may reply by 3/22/04. (Signed by Judge John G. Koeltl on 2/23/04) (dle, ) (Entered: 03/02/2004) 03/02/ CLERK'S JUDGMENT that defendant's motion to dismiss the complaint is granted dismissing the claims in the amended complaint against defendants Schwarts and Townsend. (Signed by JMichael McMahon, Clerk on 03/02/04) (jf, ) (Entered: 03/02/2004) 03/05/ Response of dfts Bernard L. Schwartz and Richard J. Townsend to order dated 2/23/04 concerning Rule 11 inquiry. (dle, ) (Entered: 03/09/2004) 03/17/ RESPONSE to Order dated 2/23/04 Concerning Rule 11 Inquiry. Document filed by Michael T. Benson, Laura S. Dalton, James Dwyer, Marilyn Funt, Philip J. Hage Jr., Ron Maggiaro, Merchants TNS Pension Trust, Joe F. Moore Jr., Trident, Ltd. Profit Shariing Plan. (sb, ) (Entered: 03/19/2004) 03/19/ ORDER;that counsel for the plaintiffs is corrected that it is unnecessary and perhaps permature to decide the issue at this time because the case remains pending and stayed as a result of the bankruptcy proceeding against dft. Loral. The parties should raise this issue again with the Court at the conclusion of the litigation. (Signed by Judge John G. Koeltl on 3/19/04) (pl, ) (Entered: 03/25/2004) 04/02/ TRANSCRIPT of proceedings held on 2/6/2004 before Judge John G. Koeltl.(jp, ) (Entered: 04/02/2004) 06/25/ NOTICE of Change of Address by Eric J. Belfi on behalf of Marilyn Funt. New Address: Murray, Frank & Sailer, L.L.P., 275 Madison Avenue, Suite 801, New York, New York, 10016, (212) (dle, ) (Entered: 06/29/2004) 05/31/ DUPLICATE MINUTE ORDER PURSUANT TO MEMORANDUM FROM THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS, DATED JUNE 15TH, Case Closed administratively pursuant to Memorandum from the Administrative Office of the United States Courts dated June 15th, All presently contemplated proceedings having been completed, and there having been no action for more than twelve months, there appears to be no further reason at this time to maintain this action as open for statistical purposes. Nothing contained in this minute order shall be considered a dismissal or dispostion of this matter, and should further proceedings in them become necessary or desirable, any party may
16 initiate it in the same manner as if this minute order had not been entered. Original Doc. # 33 Filed In 93 Civ 6614(TPG). (Signed by Judge Michael B. Mukasey on 5/31/05) (dt, ) (Entered: 06/07/2005) 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
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Patrice L. Bishop ( service@ssbla.com 0 Wilshire Boulevard Suite 00 Los Angeles, CA 00 Tel: ( 0- Fax: ( 0-0 Jules Brody Aaron L. Brody SSBNY@aol.com East th Street New York, NY 0 Tel: (1-0 Fax: (1 0-0
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