U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:00-cv RLV

Transcription

1 US District Court Civil Docket as of 12/09/2003 Retrieved from the court on Wednesday, August 03, 2005 U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:00-cv RLV Gunter, et al v. U.S. Franchise Sys, et al Assigned to: Judge Robert L. Vining, Jr Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Forrest P. Gunter On Behalf of Himself and All Others Similarly Situated Date Filed: 05/17/2000 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Kenneth J. Vianale Vianale & Vianale 2499 Glades Road Suite 112 Boca Raton, FL Fax: Martin D. Chitwood Chitwood & Harley 1230 Peachtree Street, N.E Promenade II Atlanta, GA Maya Saxena Milberg Weiss Bershad & Schulman 5355 Town Center Road Suite 900 Boca Raton, FL Neal S. Berinhout Chitwood & Harley 1230 Peachtree Street, N.E.

2 2300 Promenade II Atlanta, GA Nichole Tara Browning Chitwood & Harley 1230 Peachtree Street, N.E Promenade II Atlanta, GA Paul J. Geller Lerach Coughlin Stoia Geller Rudman & Robbins Suite South Federal Hwy. Boca Raton, FL Plaintiff Kishor N. Patel represented by David Andrew Bain Chitwood Harley Harnes, LLP 1230 Peachtree Street, N.E Promenade II Atlanta, GA Kenneth J. Vianale Martin D. Chitwood Maya Saxena

3 Paul J. Geller Plaintiff Marc Lewis represented by David Andrew Bain Kenneth J. Vianale Martin D. Chitwood Maya Saxena Paul J. Geller Plaintiff Susan Lewis represented by David Andrew Bain Kenneth J. Vianale Martin D. Chitwood

4 Maya Saxena Paul J. Geller V. Defendant U.S. Franchise Systems, Inc. represented by James David Dantzler, Jr. Troutman Sanders Bank of America Plaza 600 Peachtree Street, N.E. Suite 5200 Atlanta, GA Fax: Melanie H. Stein Paul Weiss Rifkind Wharton & Garrison 1285 Avenue of the Americas New York, NY Richard A. Rosen Paul Weiss Rifkind Wharton & Garrison 1285 Avenue of the Americas New York, NY Defendant Michael A. Leven represented by James David Dantzler, Jr.

5 Melanie H. Stein Richard A. Rosen Defendant Neal K. Aronson represented by James David Dantzler, Jr. Melanie H. Stein Richard A. Rosen Defendant Richard D. Goldstein represented by James David Dantzler, Jr. Melanie H. Stein Richard A. Rosen

6 Date Filed # Docket Text 05/17/ CLASS ACTION COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand. FILING FEE $ RECEIPT # (aet) (Entered: 05/19/2000) 05/18/ ANSWERS TO MANDATORY DISCLOSURES by plaintiff (aet) (Entered: 05/19/2000) 05/18/2000 Summons issued for defendants. (aet) (Entered: 05/19/2000) 05/31/ Application for admission of Paul J. Geller pro hac vice for plaintiff. (to RLV) (aet) (Entered: 06/02/2000) 06/05/ Application for admission of Maya S. Saxena pro hac vice for plaintiff. (to RLV) (aet) (Entered: 06/07/2000) 06/05/ Application for admission of Kenneth J. Vianale pro hac vice for plaintiff. (to RLV) (aet) (Entered: 06/07/2000) 06/08/2000 ENDORSED ORDER by Judge Robert L. Vining Jr. APPROVING [3-1] pro hac vice application as to Paul J. Geller (cc) (crc) (Entered: 06/08/2000) 06/09/2000 Proposed consent order to maintain master file under 1:00-cv (to RLV) (aet) (Entered: 06/12/2000) 06/09/2000 ENDORSED ORDER by Judge Robert L. Vining Jr. GRANTING [4-1] pro hac vice application (cc) (aet) (Entered: 06/14/2000) 06/09/2000 ENDORSED ORDER by Judge Robert L. Vining Jr. GRANTING [5-1] pro hac vice application (cc) (aet) (Entered: 06/14/2000) 06/13/ CONSENT ORDER by Judge Robert L. Vining Jr., that Clerk shall maintain a master file under Case No. 1:00-cv-1244 regarding defendants arising out of the same nucleus of operative facts as "the Consolidated Action". (cc) (aet) (Entered: 06/15/2000) 06/20/ CONSENT ORDER by Judge Robert L. Vining Jr., that Clerk shall maintain a master file under Case No. 1:00-cv-1244 regarding defendants arising out of the same nucleus of operative facts as "the Consolidated Action". (cc) (aet) (Entered: 06/26/2000) 07/17/ MOTION by defendant U.S. Franchise Sys for appointment as Lead Plaintiff and for approval of plaintiffs' selection of lead counsel with brief in support, and proposed order. (aet) (Entered: 07/18/2000) 08/02/ Memorandum by defendants in response to [8-1] motion for appointment as Lead Plaintiff and for approval of plaintiffs' selection of lead counsel (aet) (Entered: 08/03/2000) 08/07/2000 SUBMITTED to Judge Robert L. Vining Jr. on [8-1] motion for appointment as Lead Plaintiff and for approval of plaintiffs' selection of lead counsel (aet) (Entered: 08/07/2000)

7 08/07/ Application for admission of Melanie H. Stein pro hac vice for defendants. (to RLV) (aet) (Entered: 08/14/2000) 08/07/ Application for admission of Richard A. Rosen pro hac vice for defendants. (to RLV) (aet) (Entered: 08/14/2000) 08/18/2000 ENDORSED ORDER by Judge Robert L. Vining Jr. APPROVING [10-1] pro hac vice application of Melanie H. Stein. (cc) (aet) (Entered: 08/18/2000) 08/18/2000 ENDORSED ORDER by Judge Robert L. Vining Jr. APPROVING [11-1] pro hac vice application of Richard A. Rosen. (cc) (aet) (Entered: 08/18/2000) 08/28/ Notice of Change of Firm Name and Address by Paul Geller. (aet) (Entered: 09/06/2000) 10/11/ ORDER by Judge Robert L. Vining Jr. GRANTING [8-1] motion for appointment of Kishor N. Patel, Marc Lewis, and Susan Lewis as Lead Plaintiffs and for approval of plaintiffs' selection of lead counsel. (cc) (aet) (Entered: 10/13/2000) 12/08/2000 Proposed Consent Scheduling Order. (to RLV) (aet) (Entered: 12/12/2000) 12/22/ CONSENT ORDER SCHEDULING ORDER by Judge Robert L. Vining Jr.; IT IS HEREBY ORDERED that plas shall file their amdcmp by 2/29/01; dfts shall respond to plas' claims within 60 days of service upon dfts counsel of the amdcmp. (see order for additional details) (cc) (kt) (Entered: 12/28/2000) 02/23/2001 Proposed consent scheduling order. (to RLV) (aet) (Entered: 02/26/2001) 02/28/ CONSENT SCHEDULING ORDER by Judge Robert L. Vining, Jr. (cc) (aet) (Entered: 03/01/2001) 04/23/2001 Proposed consent scheduling order. (to RLV) (aet) (Entered: 04/24/2001) 04/26/ CONSENT SCHEDULING ORDER by Judge Robert L. Vining, Jr. Plaintiff shall file their Amended Complaint on or before 6/26/01. (cc) (aet) (Entered: 04/27/2001) 06/25/2001 Proposed Consent Scheduling Order. (to RLV) (aet) (Entered: 06/26/2001) 06/27/ CONSENT SCHEDULING ORDER by Judge Robert L. Vining Jr. (cc) (aet) (Entered: 06/28/2001) 07/31/ SETTLEMENT STATUS UPDATE (aet) (Entered: 07/31/2001) 09/13/ PROTECTIVE ORDER ENTERED (cc) (bsm) (Entered: 09/14/2001) 10/31/ SETTLEMENT STATUS UPDATE. (aet) (Entered: 11/01/2001) 12/21/ Joint MOTION for preliminary approval of class action settlement. (to RLV) (aet) (Entered: 01/02/2002) 12/21/ Stipulation and Agreement of Settlement, with proposed order. (to RLV) (aet) (Entered: 01/02/2002) 01/15/ HEARING HELD to Preliminary Approve Settlement before Judge Robert L. Vining, Jr. Preliminary Order re Settlement filed. Final hearing on 11:00 4/15/02

8 (aet) (Entered: 01/23/2002) 01/16/ PRELININARY ORDER in Connection with Settlement Proceedings by Judge Robert L. Vining Jr. (cc by CRD) (aet) Modified on 01/23/2002 (Entered: 01/23/2002) 02/27/2002 Steno notes of proceedings held 1/15/01 before Judge Robert L. Vining Jr., by Court Reporter Kimberly C. Bramlett. (aet) (Entered: 02/27/2002) 04/10/ MOTION by plaintiffs for final approval of class action settlement with brief in support and declaration of Cheryl Washington. (cll) Modified on 04/11/2002 (Entered: 04/11/2002) 04/10/ MOTION by plaintiffs for an award of attorney's fees and reimbursement of expenses against dfts with brief in support, declaration of atty Martin D. Chitwood and Compendium of orders awarding fees in recent Northern District of Georgia Securities cases. (cll) Modified on 04/11/2002 (Entered: 04/11/2002) 04/10/ MOTION by plaintiff to file excess pages limitation with brief in support. (cll) (Entered: 04/12/2002) 04/11/ Notice of declaration re: ownership of securities & the notice and proof of claim by plaintiff. (cll) Modified on 04/15/2002 (Entered: 04/12/2002) 04/15/ Hearing on final settlement on 4/15/02 before Judge Robert L. Vining Jr. (cll) Modified on 04/19/2002 (Entered: 04/17/2002) 04/16/ ORDER AND FINAL JUDGMENT by Judge Robert L. Vining Jr. The Settlement is approved as fair, reasonable and adequate, and the Class Members and the parties are directed to consummate the Settlement in accordance with the terms and provisions of the Stipulation and Agreement of Settlement dated December 21, The Complaint is hereby DISMISSED WITH PREJUDICE and without costs, except as provided in the Stipulation, as against the Defendants. Plaintiffs' Counsel are hereby awarded 30% of the Settlement Amount in fees, which the Court finds to be fair and reasonable, and $24, in reimbursement of expenses, which amounts shall be paid to Plaintiff's Co-Lead Counsel from the Settlement Fund with interest from the date such Settlement Fund was funded to the date of payment at the same net rate that the Settlement Fund earns. The award of attoneys' fees shall be allocated among Plaintiffs' Counsel in fashion which, in the opinion of Plaintiffs' Co-Lead Counsel, fairly compensates Plaintiffs' Counsel for their respective contributions in the prosecution of the Action. Without further order of the Court, the parties may agree to reasonable extensions of time to carry out any of the provisions of the Stipulation. The Clerk is EXPRESSLY DIRECTED to immediately enter this Order and Final Judgment. (cc) (SEE ORDER/JUDGMENT FOR SPECIFIC INSTRUCTIONS.) (aaq) (Entered: 04/17/2002) 04/16/2002 Case terminated. (aaq) (Entered: 04/17/2002) 06/14/2002 Steno notes of proceedings held 04/15/02 before Judge Robert L. Vining Jr., by Court Reporter Kimberly C. Bramlett. (cll) (Entered: 06/14/2002) 07/24/ TRANSCRIPT filed for 4/15/02 Court Reporter: Kimberly C. Bramlett (bsm) (Entered: 07/26/2002)

9 09/30/ MOTION by plaintiffs for distribution of class action settlement fund with brief in support and affidavits of D. Lee Janvrin and David A. Bain. (cdg) (Entered: 10/01/2003) 12/03/2003 SUBMITTED to Judge Robert L. Vining Jr. on [29-1] motion for distribution of class action settlement fund (cdg) (Entered: 12/03/2003) 12/09/2003 Terminated submissions. (cdg) (Entered: 12/10/2003) 12/09/ ORDER by Judge Robert L. Vining Jr. GRANTING [29-1] motion for distribution of class action settlement fund. **SEE ORDER FOR SPECIFICS** (cc) (cdg) (Entered: 12/12/2003) 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