United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:00-cv RGS

Transcription

1 US District Court Civil Docket as of 10/15/2002 Retrieved from the court on Wednesday, August 03, 2005 United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:00-cv RGS Tim Harrington IRA, et al v. Lepone, et al Assigned to: Judge Richard G. Stearns Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Tim Harrington IRA Date Filed: 05/04/2000 Jury Demand: None Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question represented by Samuel H. Rudman Cauley, Geller, Bowman, Coates & Rudman, LLP 200 Broadhollow Rd. Suite 406 Melville, NY Sanford P. Dumain Milberg, Weiss, Bershad, Hynes & Lerach One Penn Plaza New York City, NY Stephen Moulton Moulton & Gans, PC 33 Broad Street 11th Floor Boston, MA Steven G. Schulman Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza 49th Floor New York, NY

2 Plaintiff Richard L. Sharpe Plaintiff John R. Loftis V. Defendant Donald E. Lepone represented by Andrea J. Robinson Wilmer Cutler Pickering Hale and Dorr LLP 60 State Street Boston, MA Fax: Jeffrey B. Rudman Wilmer Cutler Pickering Hale and Dorr LLP 60 State Street Boston, MA Fax: Defendant Robert F. Burns represented by Andrea J. Robinson (See above for address) Jeffrey B. Rudman (See above for address) Defendant Takeda Chemical Industries represented by Martin F. Murphy

3 TERMINATED: 11/30/2001 Bingham McCutchen LLP 150 Federal Street Boston, MA Fax: TERMINATED: 11/30/2001 Movant James R. Young Trustee of the NutraMax Litigation Trust represented by Mark C. Hansen Kellogg, Huber, Hansen, Todd & Evans Sumner Square 1615 M Street, N.W. Suite 400 Washington, DC Fax: mhansen@khhte.com Reid M. Figel Kellogg, Huber, Hansen, Todd & Evans Sumner Square 1615 M Street, N.W. Washington, DC Silvija A. Strikis Kellogg, Huber, Hansen, Todd & Evans Sumner Square 1615 M Street, N.W. Wasington, DC Interested Party James R. Young represented by Mark C. Hansen (See above for address)

4 Date Filed # Docket Text 05/04/ Complaint filed. Case assigned to Judge: Stearns. Receipt #: Amount:$ Fee Status: paid (eaf) (Entered: 05/15/2000) 05/15/2000 Summons issued for Donald E. Lepone, Robert F. Burns (eaf) (Entered: 05/15/2000) 06/30/ Motion by Tim Harrington IRA to consolidate actions ( , ) appoint lead plaintiff and approving selection of lead counsel, filed. (eaf) (Entered: 07/20/2000) 06/30/ Memorandum by Tim Harrington IRA in support of [2-1] motion to consolidate actions ( , ), filed. (eaf) (Entered: 07/20/2000) 07/14/ Judge Richard G. Stearns. Order entered granting [2-1] motion to consolidate actions ( , ). [EOD Date 7/20/00] cc: all counsel of record. (eaf) (Entered: 07/20/2000) 07/31/ Return of service executed as to Robert F. Burns with service on 7/13/00 filed. (eaf) (Entered: 07/31/2000) 08/21/ STIPULATION by Tim Harrington IRA, Donald E. Lepone, Robert F. Burns, Richard L. Sharpe, John R. Loftis, filed. extending time for defts to answer until 45 days after a Consolidated Amended Complaint is filed. (eaf) (Entered: 08/21/2000) 10/13/ STIPULATED PRETRIAL ORDER NO. 1, ENTERED. cc: all counsel of record. (eaf) (Entered: 10/17/2000) 11/03/ Judge Richard G. Stearns. Notice of Hearing/conference: set scheduling conference for 3:00 12/20/00. (eaf) (Entered: 11/06/2000) 11/14/ Judge Richard G. Stearns. Notice of Hearing/conference: reset scheduling conference for 2:45 1/4/01. (eaf) (Entered: 11/20/2000) 11/17/ Motion by Tim Harrington IRA, Richard L. Sharpe, John R. Loftis to extend time to 1/22/01 to file amended complaint, filed. (eaf) (Entered: 11/17/2000) 11/17/2000 Judge Richard G. Stearns. Endorsed Order entered granting [9-1] motion to extend time to 1/22/01 to file amended complaint. [EOD Date 11/20/00] cc: all counsel of record. (eaf) (Entered: 11/20/2000) 12/07/ Motion by Tim Harrington IRA, Donald E. Lepone, Robert F. Burns, Richard L. Sharpe, John R. Loftis to continue scheduling conference, filed. (eaf) (Entered: 12/08/2000) 12/12/2000 Judge Richard G. Stearns. Endorsed Order entered granting [11-1] motion to continue scheduling conference, reset scheduling conference for 2:00 2/26/01. [EOD Date 12/18/00] (eaf) (Entered: 12/18/2000) 01/10/ Motion by Tim Harrington IRA to extend time to 3/15/01 to file amended complaint and to continue scheduling conference, filed. (eaf) (Entered: 01/10/2001)

5 01/11/2001 Judge Richard G. Stearns. Endorsed Order entered granting [12-1] motion to extend time to 3/15/01 to file amended complaint, reset scheduling conference for 2:00 4/30/01. [EOD Date 1/12/01] (eaf) (Entered: 01/12/2001) 03/15/ Motion by Tim Harrington IRA, Richard L. Sharpe, John R. Loftis to extend time to 4/17/01 to file amended complaint, filed. (eaf) (Entered: 03/22/2001) 03/26/2001 Judge Richard G. Stearns. Endorsed Order entered granting [13-1] motion to extend time to 4/17/01 to file amended complaint. [EOD Date 3/29/01] cc: all counsel of record. (eaf) (Entered: 03/29/2001) 04/13/ Motion by Tim Harrington IRA to extend time to 4/20 to file amended complaint, filed. (eaf) (Entered: 04/17/2001) 04/17/2001 Judge Richard G. Stearns. Endorsed Order entered granting [14-1] motion to extend time to 4/20 to file amended complaint. [EOD Date 4/17/01] cc: all counsel of record. (eaf) (Entered: 04/17/2001) 04/20/ Motion by Tim Harrington IRA to extend time to 5/4/01 to file amended complaint, filed. (eaf) (Entered: 04/23/2001) 04/20/2001 Judge Richard G. Stearns. Endorsed Order entered granting [15-1] motion to extend time to 5/4/01 to file amended complaint. [EOD Date 4/23/01] cc: all counsel of record. (eaf) (Entered: 04/23/2001) 05/04/ Motion by Tim Harrington IRA, Donald E. Lepone, Robert F. Burns, Richard L. Sharpe, John R. Loftis to extend time to file amended complaint, filed. (eaf) (Entered: 05/08/2001) 05/07/2001 Judge Richard G. Stearns. Endorsed Order entered granting [16-1] motion to extend time to file amended complaint. [EOD Date 5/8/01] cc: all counsel of record. (eaf) (Entered: 05/08/2001) 05/07/ Judge Richard G. Stearns. Notice of Hearing/conference: reset scheduling conference for 3:00 6/14/01 cc: all counsel of record.. (eaf) (Entered: 05/09/2001) 06/11/ Motion by Tim Harrington IRA, Donald E. Lepone to continue scheduling conference, filed. (eaf) (Entered: 06/12/2001) 06/12/2001 Case closed. (eaf) (Entered: 06/12/2001) 06/13/2001 Judge Richard G. Stearns. Endorsed Order entered granting [18-1] motion to continue. [EOD Date 6/13/01] (eaf) (Entered: 06/13/2001) 07/13/ Judge Richard G. Stearns. Preliminary Order in connection with settlement proceedings entered. [EOD Date 7/18/01] (eaf) (Entered: 07/18/2001) 07/30/ Judge Richard G. Stearns. Order entered. [EOD Date 8/1/01] "On July 13, 2001, the court issued an Order regarding the pending settlement proceedings. On page four of the Order, the date for mailing notices to the class is mistakenly listed as 7/13/01. The date by which notice must be mailed to the class is 7/31/01." cc: all counsel of record. (eaf) (Entered: 08/01/2001) 08/06/ Motion by Tim Harrington IRA, Donald E. Lepone for entry of revised order, filed. (eaf) (Entered: 08/06/2001)

6 08/06/2001 Judge Richard G. Stearns. Endorsed Order entered granting [21-1] motion for entry of revised order. [EOD Date 8/6/01cc: all counsel of record.] (eaf) (Entered: 08/06/2001) 08/06/ Judge Richard G. Stearns. Revised Preliminary Order in connection with settlement proceedings entered. [EOD Date 8/6/01] (eaf) (Entered: 08/06/2001) 09/28/ Motion by James R. Young to intervene, filed. (eaf) (Entered: 10/17/2001) 09/28/ Memorandum by James R. Young in support of [27-1] motion to intervene, filed. (eaf) (Entered: 10/17/2001) 09/28/ Statement of counsel filed Re: objections to proposed settlement and attys' fee petition of proposed intervenor James Young, filed. (eaf) (Entered: 12/06/2001) 10/04/ Motion by Tim Harrington IRA to extend time to 10/16/01 to respond to motion to intervene, filed. (eaf) (Entered: 10/12/2001) 10/09/ Motion by Donald E. Lepone, Robert F. Burns to extend time to 10/16/01 to file opp, filed. (eaf) (Entered: 10/11/2001) 10/10/ Motion by Tim Harrington IRA for Dumain to appear pro hac vice fee status: paid fee amt: 50. Receipt #: 34282, filed. (eaf) (Entered: 10/10/2001) 10/10/2001 Judge Richard G. Stearns. Endorsed Order entered granting [23-1] motion for Dumain to appear pro hac vice fee status: paid fee amt: 50. Receipt #: Added Sanford P. Dumain. [EOD Date 10/10/01] cc: all counsel of record. (eaf) (Entered: 10/10/2001) 10/11/2001 Judge Richard G. Stearns. Endorsed Order entered granting [24-1] motion to extend time to 10/16/01 to file opp. [EOD Date 10/12/01] cc: all counsel of record. (eaf) (Entered: 10/12/2001) 10/12/2001 Judge Richard G. Stearns. Endorsed Order entered granting [25-1] motion to extend time to 10/16/01 to respond to motion to intervene. [EOD Date 10/12/01] (eaf) (Entered: 10/12/2001) 10/16/ Response by Tim Harrington IRA in opposition to motion to intervene of James R. Young, filed. (eaf) Modified on 10/17/2001 (Entered: 10/16/2001) 10/16/ Memorandum by Donald E. Lepone, Robert F. Burns in opposition to [27-1] motion to intervene, filed. (eaf) (Entered: 10/17/2001) 10/18/ Memorandum by James R. Young re: proposed settlement filed. (eaf) (Entered: 12/06/2001) 10/18/ Memorandum by James R. Young re: award of attys' fees and reimbursement of expenses, filed. (eaf) (Entered: 12/06/2001) 10/18/ Affidavit of James R. Young of Sanford P. Dumain, re:, in support of pltfs' counsel's application for final approval of settlement and for award of attys' fees and expenses, filed. (eaf) (Entered: 12/06/2001) 10/18/ Compendium of unreported cases referenced in the pltfs' memorandum of law in support of an award of attys' fees and reimbursement of expenses, filed. (eaf)

7 (Entered: 12/06/2001) 10/19/ Judge Richard G. Stearns. Memorandum and Order entered. granting [34-1] motion for leave to file reply memo to opposition to motion to intervene of James R. Young, Trustee of Nutramax Litigation Trust, denying [27-1] motion to intervene [EOD Date 11/15/01] (eaf) (Entered: 11/15/2001) 10/19/ Judge Richard G. Stearns. Memorandum and Order on James R. Young's motion to intervene, entered. [EOD Date 12/6/01] "...Consequently, the motion to intervene as a right is DENIED...Because the contingent nature of Young's claim would cause undue prejudice to the resolution of the original parties' claims, Young's request for permissive intervention is similarly DENIED." cc: all counsel of record. (eaf) (Entered: 12/06/2001) 10/22/ Motion by James R. Young for leave to file reply memo to opposition to motion to intervene of James R. Young, Trustee of Nutramax Litigation Trust, filed. (eaf) (Entered: 11/09/2001) 10/23/ Notice of appeal by James R. Young filed. Fee Status: paid Fee Amount: $ 105. Receipt #: Appealing: #22. Appeal record due on 11/7/01 (eaf) (Entered: 11/09/2001) 10/24/ Judge Richard G. Stearns. Clerk's Notes: re: settlement proposal. Hanson appears for Litigation Trust and is invited to speak on it's behalf at oral argument. Court takes issue under advisement. (eaf) (Entered: 10/25/2001) 11/02/ Response by James R. Young in opposition to disallow purported opt out by Katana Fund, filed. (eaf) Modified on 11/02/2001 (Entered: 11/02/2001) 11/06/ Defts' opposition to purported response to their motion to disallow purported opt out by Kantana Fund LLC, filed. (eaf) (Entered: 11/06/2001) 11/09/2001 Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [33-1] appeal. (jr) (Entered: 11/09/2001) 11/15/ Letter by Jeffrey B. Rudman dated: 11/15/01 to: Judge Stearns re: jurisdiction re: settlement filed. (eaf) (Entered: 11/16/2001) 11/16/2001 US Court of Appeals Case Number assigned to [33-1] appeal: USCA NUMBER: (jr) (Entered: 11/16/2001) 12/07/2001 Transmitted supplemental record on appeal: re: [33-1] appeal Document numbers: docket sheet (jr) (Entered: 12/07/2001) 12/19/ Judge Richard G. Stearns. Memorandum and Order on Defendants' Motion to Disallow Katana Fund LLC from opting out of the Class, entered. [EOD Date 12/19/01] "...The motion to disallow Katana's attempted opt out will therefore be allowed...consequently, the Trustee's request will be denied." cc: all counsel of record. (eaf) (Entered: 12/19/2001) 01/14/ Judge Richard G. Stearns. Memorandum and Order on a Motion to Approve Settlement and on a Petition of Plaitiffs' Counsel for an Award of Attorneys' Fees and Reimbursement of Expenses, entered. "...The settlement agreement will be approved this day as fair and reasonable. The court also awards attorneys' fees in an

8 amount equivalent to 20% of the Settlement Fund, that is, $563, Costs are awarded in the amount of $9, " cc: all counsel of record. [EOD Date 1/15/02] (eaf) (Entered: 01/15/2002) 01/18/2002 Transmitted supplemental record on appeal: re: [33-1] appeal Document numbers: 45 (jr) (Entered: 01/18/2002) 02/04/ Notice of appeal by James R. Young filed. Fee Status: paid Fee Amount: $ 105. Receipt #: Appealing: [45-1] memorandum order. Appeal record due on 2/19/02 (eaf) (Entered: 02/05/2002) 02/05/2002 Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [46-1] appeal. (jr) (Entered: 02/05/2002) 02/06/2002 US Court of Appeals Case Number assigned to [46-1] appeal: USCA NUMBER: (jr) (Entered: 02/06/2002) 05/13/ Mandate of US Court of Appeals re: [46-1] appeal dismissing [46-1] appeal. (jr) (Entered: 05/13/2002) 05/16/2002 Case closed. (eaf) (Entered: 05/16/2002) 05/17/ Mandate of US Court of Appeals re: [33-1] appeal dismissing [33-1] appeal. (jr) (Entered: 05/17/2002) 05/17/2002 Record on appeal returned from U.S. Court of Appeals, re: [46-1] appeal, [33-1] appeal. (jr) (Entered: 05/17/2002) 05/17/ Judge Richard G. Stearns. Order and Final Judgment entered [EOD Date 7/30/02] cc: all counsel of record. (eaf) (Entered: 07/30/2002) 05/20/2002 Case closed. (eaf) (Entered: 05/20/2002) 10/10/ Motion by Tim Harrington IRA for order of authorizing distribution of class settlement fund, filed. (eaf) (Entered: 10/11/2002) 10/10/ Affidavit of Sanford P. Dumain of Tim Harrington IRA, re: [50-1] motion for order of authorizing distribution of class settlement fund, filed. (eaf) (Entered: 10/11/2002) 10/10/ Affidavit of D. Lee Janvrin of Tim Harrington IRA, re: [50-1] motion for order of authorizing distribution of class settlement fund, filed. (eaf) (Entered: 10/11/2002) 10/10/ Certificate of Consultation re: [50-1] motion for order of authorizing distribution of class settlement fund, filed. (eaf) (Entered: 10/11/2002) 10/15/2002 Judge Richard G. Stearns. Endorsed Order entered granting [50-1] motion for order of authorizing distribution of class settlement fund. [EOD Date 10/15/02] (eaf) (Entered: 10/15/2002) 10/15/ Judge Richard G. Stearns. Order re: Distribution of Class Settlement Fund, entered. [EOD Date 10/15/02] (eaf) (Entered: 10/15/2002)

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