U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:01-cv DC

Transcription

1 US District Court Civil Docket as of 01/27/2004 Retrieved from the court on Tuesday, August 30, 2005 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:01-cv DC In Re: Starmedia Network, et al v. Starmedia Network, et al Assigned to: Judge Denny Chin Demand: $0 Lead case: 1:01-cv DC Member cases: 1:01-cv DC 1:01-cv DC 1:01-cv DC 1:01-cv DC 1:01-cv DC 1:01-cv DC 1:01-cv DC 1:01-cv DC 1:01-cv DC Cause: 15:78m(a) Securities Exchange Act Date Filed: 11/20/2001 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Josh Kramon on behalf of himself and all others similarly situated represented by Frederick Taylor Isquith, Sr Wolf, Haldenstein, Adler, Freeman & Herz, L.L.P. 270 Madison Avenue New York, NY (212) Thomas H. Burt Wolf, Haldenstein, Adler, Freeman & Herz, L.L.P. 270 Madison Avenue New York, NY (212) Plaintiff Willard Scolnik represented by Samuel Howard Rudman Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP 200 Broadhollow Road, Ste. 406 Melville, NY 11747

2 Fax: Plaintiff Michael Mangan represented by Samuel Howard Rudman V. Consolidated Plaintiff Ivan Vasko represented by Leo W. Desmond 2161 Palm Beach Lakes Blvd. Suite 204 West Palm Beach, FL (561) V. Defendant Starmedia Network, Inc. Defendant Fernando J. Espuelas Defendant Jack C. Chen Defendant Steven J. Heller represented by Katherine R. Goldstein Wilmer, Cutler & Pickering 399 Park Avenue New York, NY (212) Inigo De Arteaga represented by Brian S. Cohen Wolf, Haldenstein, Adler, Freeman &

3 Herz, L.L.P. 270 Madison Avenue New York, NY (212) Frederick Taylor Isquith, Sr Gregory Mark Nespole Wolf, Haldenstein, Adler, Freeman & Herz, L.L.P. 270 Madison Avenue New York, NY (212) Willard Scolnik represented by Steven G. Schulman Milberg Weiss Bershad & Schulman LLP (NYC) One Pennsylvania Plaza New York, NY Fax: Michael Mangan represented by Steven G. Schulman Omar Babul Stull Stull & Brody 6 East 45th Street, 5th Floor New York, NY (212) Fax: (212) Sebastian Jharrhi

4 Ronald Kirschner Louise Neuendorf Everett Shakleton Dorothy Telhiard Date Filed # Docket Text 11/20/ CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ RECEIPT # (dle) (Entered: 11/21/2001) 11/20/2001 Magistrate Judge Ronald L. Ellis is so designated. (dle) (Entered: 11/21/2001) 01/22/ NOTICE OF MOTION by Inigo De Arteaga purs. to Sec. 21D of the Securities Exchange Act of 1934, 15 U.S.C. Sec. 78u-4(a)(3)(B), for an order appointing Inigo De Arteaga to serve as lead pltff ; approving lead pltff's selection of Wolf Haldenstein Adler Freeman & Herz LLP as lead counsel for the litigation and subsequently filed related actions ; and consolidation of all related actions; 01 cv (as Lead Case); and cases 01 cv 10586; 01 cv 10613; 01 cv 10681; 01 cv 10709; 01 cv 10727; 01 cv 10860; 01 cv 11753; 01 cv 11754; 02 cv 102. No return date indicated. Proposed order attached. (Received in night deposit box 1/22/02 9:34 PM) (sn) Modified on 01/28/2002 (Entered: 01/25/2002) 01/22/ DECLARATION of Brian S. Cohen by Inigo De Arteaga in support of [2-1] motion purs. to Sec. 21D of the Securities Exchange Act of 1934, 15 U.S.C. Sec. 78u-4(a)(3)(B), for an order appointing Inigo De Arteaga to serve as lead pltff; [2-2] motion approving lead pltff's selection of Wolf Haldenstein Adler Freeman &

5 Herz LLP as lead counsel for the litigation and subsequently filed related actions; [2-3] motion consolidation of all related actions; 01 cv (as Lead Case); and cases 01 cv 10586; 01 cv 10613; 01 cv 10681; 01 cv 10709; 01 cv 10727; 01 cv 10860; 01 cv 11753; 01 cv cv 102. (Received in night deposit box 1/22/02 9:34 PM) (sn) Modified on 01/25/2002 (Entered: 01/25/2002) 01/22/ MEMORANDUM OF LAW by Inigo De Arteaga in support of [2-1] motion purs. to Sec. 21D of the Securities Exchange Act of 1934, 15 U.S.C. Sec. 78u-4(a)(3)(B), for an order appointing Inigo De Arteaga to serve as lead pltff, [2-2] motion approving lead pltff's selection of Wolf Haldenstein Adler Freeman & Herz LLP as lead counsel for the litigation and subsequently filed related actions, [2-3] motion consolidation of all related actions; 01 cv (as Lead Case); and cases 01 cv 10586; 01 cv 10613; 01 cv 10681; 01 cv 10709; 01 cv 10727; 01 cv 10860; 01 cv 11753; 01 cv 11754; 02 cv 102. (Received in night deposit box 1/22/02 9:35 PM) (sn) (Entered: 01/25/2002) 01/22/ NOTICE OF MOTION by Willard Scolnik, and Michael Mangan, to consolidate cases 01 civ , 10586, 10613, 10681, 10709, 10727, 10860, 11417, 11753, 11754, and 02 civ. 102 ; to appoint s as Lead Plaintiff ; to approve 's selection of the law firm of Milberg Weiss Bershad Hynes & Lerach LLP to serve as Lead Counsel. No return date. (Rec. in the night deposit box on 1/22/02). (kw) Modified on 02/03/2002 (Entered: 02/03/2002) 01/22/ DECLARATION of Samuel H. Rudman by Willard Scolnik, and Michael Mangan in support Re: [5-1] motion to consolidate cases 01 civ , 10586, 10613, 10681, 10709, 10727, 10860, 11417, 11753, 11754, and 02 civ. 102, [5-2] motion to appoint s as Lead Plaintiff, [5-3] motion to approve 's selection of the law firm of Milberg Weiss Bershad Hynes & Lerach LLP to serve as Lead Counsel. (Rec. in the night deposit box on 1/22/02). (kw) (Entered: 02/03/2002) 01/22/ MEMORANDUM OF LAW by Willard Scolnik, and Michael Mangan in support of [5-1] motion to consolidate cases 01 civ , 10586, 10613, 10681, 10709, 10727, 10860, 11417, 11753, 11754, and 02 civ. 102, [5-2] motion to appoint s as Lead Plaintiff, [5-3] motion to approve 's selection of the law firm of Milberg Weiss Bershad Hynes & Lerach LLP to serve as Lead Counsel. (Rec. in the night deposit box on 1/22/02). (kw) (Entered: 02/03/2002) 01/22/ NOTICE OF MOTION by Omar Babul, Sebastian Jharrhi, Ronald Kirschner, Louise Neuendorf, Everett Shakleton, and Dorothy Telhiard, to consolidate cases 01 civ , 10586, 10613, 10681, 10709, 10727, 10860, 11417, 11753, 11754, and 02 civ. 102 ; to appoint s as Lead Plaintiffs ; to approve s' selection of Lead Counsel. No return date. (Rec. in the night deposit box on 1/22/02). (kw) (Entered: 02/03/2002) 01/22/ DECLARATION of Aaron Brody by Omar Babul, Sebastian Jharrhi, Ronald Kirschner, Louise Neuendorf, Everett Shakleton, and Dorothy Telhiard in support Re: [8-1] motion to consolidate cases 01 civ , 10586, 10613, 10681, 10709, 10727, 10860, 11417, 11753, 11754, and 02 civ. 102, [8-2] motion to appoint s as Lead Plaintiffs, [8-3] motion to approve s' selection of Lead Counsel. (Rec. in the night deposit box on 1/22/02). (kw) (Entered: 02/03/2002) 01/22/ MEMORANDUM OF LAW by Omar Babul, Sebastian Jharrhi, Ronald Kirschner,

6 Louise Neuendorf, Everett Shakleton, and Dorothy Telhiard in support of [8-1] motion to consolidate cases 01 civ , 10586, 10613, 10681, 10709, 10727, 10860, 11417, 11753, 11754, and 02 civ. 102, [8-2] motion to appoint s as Lead Plaintiffs, [8-3] motion to approve s' selection of Lead Counsel. (Rec. in the night deposit box on 1/22/02). (kw) (Entered: 02/03/2002) 02/08/ MEMORANDUM OF LAW by Willard Scolnick and Michael Mangan in further support of [5-1] motion to consolidate cases 01 civ , 10586, 10613, 10681, 10709, 10727, 10860, 11417, 11753, 11754, and 02 civ. 102, [5-2] motion to appoint s as Lead Plaintiff, [5-3] motion to approve 's selection of the law firm of Milberg Weiss Bershad Hynes & Lerach LLP to serve as Lead Counsel. Received in night deposit box on 2/8/02 at 5:28 p.m. (db) Modified on 02/13/2002 (Entered: 02/13/2002) 02/27/2002 Memo endorsed on motion; granting pursuant to Order dated 02/22/02 [5-1] motion to consolidate cases 01 civ , 10586, 10613, 10681, 10727, 10860, 11417, 11753, 11754, and 02 civ. 102, [5-2] motion to appoint s as Lead Plaintiff, granting [5-3] motion to approve 's selection of the law firm of Milberg Weiss Bershad Hynes & Lerach LLP to serve as Counsel. ( signed by Judge Denny Chin ); Copies mailed. (djc) (Entered: 03/01/2002) 02/27/2002 Consolidated Lead Case. (djc) (Entered: 03/01/2002) 02/27/ ORDER; that cases 10cv10556, 01cv10586, 01cv10613, 01cv10681, 01cv10709, 01cv10727, 01cv10860, 01cv11417, 01cv11753, 01cv11754, 02cv102 are consolidated; Henceforth, all papers in these consolidated cases shall be filed under docket #01cv10556(DC), bearing the caption as set forth in this Order ; Willard Scolnik and Michael Mangan are appointed as lead plaintiff for the class pursuant to Section 21D of the Securities Exchange Act of 1934; the law firm of Milberg Weiss Bershad Hynes & Lerach LLP is appointed as lead counsel. ( signed by Judge Denny Chin ); Copies mailed. (pl) (Entered: 03/01/2002) 03/05/ AMENDED ORDER, the Court's 2/22/02 order is vacated and superseded by the instant amended order ; the cases 01 civ , 10586, 10613, 10681, 10709, 10727, 10860, 11417, 11753, and 02 civ. 102 are consolidated as set forth in this document ; Willard Scolnik and Michael Mangan are appointed as lead plaintiff for the class pursuant to Section 21D of the Securities Exchange Act of The law firm of Milberg Weiss Bershad Hynes & Lerach LLP is appointed as lead counsel. ( signed by Judge Denny Chin ); Copies mailed. (kw) (Entered: 03/11/2002) 04/01/ NOTICE of attorney appearance for Steven J. Heller by Katherine R. Goldstein. (djc) (Entered: 04/03/2002) 04/02/ STIPULATION; that lead plaintiffs shall have up to, and including, 5/14/02 to file a consolidated amended complaint ; defendants shall have up to, and including, 6/28/02 to answer, move or otherwise respond to plaintiff's consolidated amended complaint. ( signed by Judge Denny Chin ) (pl) (Entered: 04/02/2002) 04/16/ NOTICE OF MOTION by Steven J. Heller for Andere N. Vollmer to appear pro hac vice for deft ; Return date not indicated (cd) (Entered: 04/22/2002) 04/16/ AFFIDAVIT of Andrew N. Vollmer by Steven J. Heller in support of [16-1]

7 motion for Andere N. Vollmer to appear pro hac vice for deft. (cd) (Entered: 04/22/2002) 04/30/ ORDER; granting [16-1] motion for Andere N. Vollmer to appear pro hac vice for deft. ( signed by Judge Denny Chin ) Copies mailed; forwarded this document to the Attorney Admissions Clerk. (pl) Modified on 05/02/2002 (Entered: 05/02/2002) 05/31/ CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Josh Kramon, Willard Scolnik, Michael Mangan, Ivan Vasko (Answer due 6/13/02 for Steven J. for Jack C. Chen, for Fernando J. Espuelas, for Starmedia Network ) amending [1-1] complaint ; Summons issued. (db) (Entered: 06/10/2002) 05/31/ DEMAND for jury trial by Josh Kramon, Willard Scolnik, Michael Mangan, Ivan Vasko. (db) (Entered: 06/10/2002) 07/17/ ORDER, pursuant to FRCP 23(b)(3), and for the purposes fo the settlement only, this action is hereby certified as a class action on behalf of all persons who purchased or otherwise acquired the common stock of StarMedia Network, Inc. between 4/11/00 and 2/1/02, inclusive as set forth in this document ; a hearing pursuant to FRCP 23(e) is hereby scheduled to be held before the Court on 9/30/02 at 9:30 a.m. as set forth in this document. ( signed by Judge Denny Chin ); Copies mailed. (kw) (Entered: 07/18/2002) 09/26/ CERTIFICATE OF SERVICE of Plaintiffs' Memorandum of Law in support of final approval of settlement, Affidavit of Samuel H. Rudman, Compedium of Plaintiffs' Counsel's Affidavits, Compendium of Cases, and Affidavit of Cheryl Washington as to Starmedia Network, Fernando J. Espuelas, Jack C. Chen, Steven J. Heller, Inigo De Arteaga, Willard Scolnik, Mangan, Omar Babul, Sebastian Jharrhi, Ronald Kirschner, Louise Neuendorf, Everett Shakleton, Dorothy Telhiard, Starmedia Network, Willard Scolnik, Michael Mangan, Ivan Vasko by hand and fedex. on 9/26/02. Received in night deposit on 9/26/02 at 5:08 p.m. (jco) Modified on 10/03/2002 (Entered: 10/03/2002) 09/26/ Compendium of plaintiffs' Counsel's Affidavits in support of an award of attorneys' fees and Reimbursement of Expenses. Received in night deposit on 9/26/02 at 5:08 p.m. (jco) Modified on 10/03/2002 (Entered: 10/03/2002) 09/26/ Compendium of Unrelated Cases referenced in plaintiffs' Memorandum of Law in support of final approval of settlement and in support of plaintiffs' Counsels' Joint Petition for fees and reimbursement of expenses. (jco) (Entered: 10/03/2002) 09/26/ AFFIDAVIT of Cheryl Washington Re: (a) mailing of the notice and the proof of Claim and Release Form; (b) publication of the summary notice; and (c) report on exclusion requests received. Received in night deposit on 9/26/02 at 5:09 p.m. (jco) Modified on 10/03/2002 (Entered: 10/03/2002) 09/26/ MEMORANDUM OF LAW by Josh Kramon in support of Final approval of settlement and in support of plaintiffs' counsels' joint petition for fees and reimbursement of expenses. Received in night deposit on 9/26/02 at 5:07 p.m. (jco) Modified on 10/03/2002 (Entered: 10/03/2002) 09/26/ AFFIDAVIT of Samuel H. Rudman in support of proposed Class Settlement and Plaintiffs' Counsels' Joint Petition for fees and reimbursement of expenses. (jco)

8 (Entered: 10/03/2002) 09/30/ ORDER AND FINAL JUDGMENT; Purs. to Rule 23 of the FRCP and for the purposes of the Settlement, this Court hereby finally certifies this Action as a class action on behalf of all persons who purchased or otherwise acquired the common stock of StarMedia Network, Inc. between 4/11/00 and 2/1/02 inclusive; The Settlement is approved as fair, reasonable and adequate, and the parties are directed to consummate the Settlement in accordance w/ the terms and provisions of the Stipulation; Members of the Class and the successors and assigns of any of them are hereby permanently barred and enjoined as set forth in this Final Judgment; The Defendants and the successors and assigns of any of them, are hereby permanently barred and enjoined as further set forth in this Final Judgment; Plaintiffs' Counsel are hereby awarded $950,000 as attorneys fees, and in addition, $55, in reimbursement of expenses, shall be paid to Plaintiffs' Lead Counsel from the Settlement Fund w/ interest from the date such Settlement Fund was funded to the date of payment at the same net rate that the Settlement Fund earns. ( signed by Judge Denny Chin ); Mailed copies and notice of right to appeal. Entered On Docket: 10/1/02. (ae) (Entered: 10/01/2002) 09/30/2002 Case closed. (ae) (Entered: 10/01/2002) 11/13/ Transcript of record of proceedings before Judge Denny Chin for the date(s) of 9/30/02. (dt) (Entered: 11/13/2002) 10/07/ AFFIDAVIT of D. Lee Janvrin in support of motion for distribution of class settlement fund. (jco) (Entered: 10/08/2003) 10/07/ NOTICE OF MOTION by Josh Kramon, Willard Scolnik, Michael Mangan for distribution of class settlement fund, as further set forth in this document ; Return Date not indicated (cd) (Entered: 10/09/2003) 10/07/ AFFIDAVIT of George Bauer III by Josh Kramon, Willard Scolnik, Michael Mangan in support of [30-1] motion for distribution of class settlement fund, as further set forth in this document. (cd) (Entered: 10/09/2003) 10/08/ Memo-Endorsement on letter addressed to Judge Chin from George A. Bauer, dated 9/24/03. The pre-motion conference is waived. ( signed by Judge Denny Chin ); Copies faxed by chambers. (kw) (Entered: 10/14/2003) 01/27/2004 ORDER granting [30] Motion for Distribution of Class Settlement Fund. (Signed by Judge Denise L. Cote on 1/22/2004) (jsa, ) (Entered: 02/03/2004) 01/27/ ORDER RE: Distribution of Class Settlement Fund (Signed by Judge Denise L. Cote on 1/22/2004) (jsa, ) (Entered: 02/03/2004) 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