US District Court for the Central District of California

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1 US District Court Civil Docket as of 02/22/1999 Retrieved from the court on Thursday, July 15, 2004 US District Court for the Central District of California (Western Division) 2:97cv6714 Marc Dauber v. Aames Financial Corp, et al Date Filed: 09/09/1997 Assigned To: Judge Christina A Snyder Referred To: Discovery Arthur Nakazato Nature of suit: Securities (850) Cause: Securities Exchange Act Lead Docket: 2:97-cv CAS-AN Other Docket: 2:97-cv Jurisdiction: Federal Question Litigants Marc Dauber, on Behalf of Himself and All Others Similarly Situated PLAINTIFF Class Code: (ANx), TERMED Closed: Yes Statute: 15:0078m(a) Jury Demand: Both Demand Amount: $0 Attorneys Douglas R Britton Milberg Weiss Bershad Hynes & Lerach 401 B Street, Ste 1700 San Diego, CA Edward P Dietrich Milberg Weiss Bershad Hynes & Lerach 401 B Street, Ste 1700 San Diego, CA Fax: James Evan Tullman Weiss & Yourman Wilshire Blvd 24TH FL

2 Los Angeles, CA Joseph H Weiss Weiss & Yourman French Building 551 5TH Ave Ste 1600 New York, NY Kevin J Yourman Weiss & Yourman Wilshire Blvd 24TH FL Los Angeles, CA v. Aames Financial Corporation Gary K Judis Cary H Thompson

3 Gregory J Witherspoon Bobbie J Burroughs Neil B Kornswiet Mark E Elbaum Melvyn Kinder [Term: 10/22/1997] Date # Proceeding Text 09/09/ COMPLAINT filed Summons(es) issued referred to Discovery Arthur Nakazato. Demand for Jury Trial (jp) (Entered: 09/12/1997) 10/06/ STIPULATION extending time within which dfts Aames Financial Corporation, Gary Judis, Cary Thompson, Gregory Witherspoon, Bobbie Burroughs, Neil Kornsweit and Mark Elbaum, move or otherwise respond to the complaint filed in this case to and incl 10/14/97. (shb) (Entered: 10/07/1997)

4 10/10/ STIPULATION that dfts Aames Financial Corporation, Gary K. Judis, Cary H. Thompson, Gregory J. Witherspoon, Bobby J. Burroughs, Neil B. Kornsweit and Mark E. Elbaum may answer, mover, or otherwise respond to the complaint filed in this case by 6 days through and incl 10/20/97. (shb) (Entered: 10/14/1997) 10/20/ NOTICE OF MOTION AND MOTION by defendant Mark E Elbaum, defendant Neil B Kornswiet, defendant Bobbie J Burroughs, defendant Gregory J Witherspoon, defendant Cary H Thompson, defendant Gary K Judis, defendant Aames Financial Corp to dismiss (for failure to state a claim on which relief canbe granted) ; memo of points and authorities ; motion hearing set for 10:00 11/17/97 (shb) (Entered: 10/21/1997) 10/20/ REQUEST by defendant Mark E Elbaum, defendant Neil B Kornswiet, defendant Bobbie J Burroughs, defendant Gregory J Witherspoon, defendant Cary H Thompson, defendant Gary K Judis, defendant Aames Financial Corp for judicial ntc; Appendix of exhibits in suppt of mot to dism (shb) (Entered: 10/21/1997) 10/21/ ORDER RE: Oral Argument by Judge James M. Ideman. The moving pty is hereby ord to lodge wi the crt proposed ords relating to filed mot. (twdb) (Entered: 10/22/1997) 10/22/ STIPULATION and ORDER of voluntary dismissal w/o prej of dft Melvyn Kinder and Tolling Agreement by Judge James M. Ideman dismissing party Melvyn Kinder ; Kinder stip and agrees that dism is w/o prejudice. Kinder further agrees that the federal statutes of limitation applicable to the alleged ciolations of Section 10(b) and Section 20(a) of the Securities Exchange Act of 1934 in the complaint and shall be tolled for a period of 24 months commencing on 10/17/97. (shb) (Entered: 10/23/1997) 10/27/ NOTICE by defendant Melvyn Kinder, defendant Mark E Elbaum, defendant Neil B Kornswiet, defendant Bobbie J Burroughs, defendant Gregory J Witherspoon, defendant Cary H Thompson, defendant Gary K Judis, defendant Aames Financial Corp of order re oral argument served upon Kevin Yourman and Edward Dietrich on 10/24/97 by US mail (shb) (Entered: 10/28/1997) 10/27/ NOTICE by defendant Gary K Judis, defendant Cary H Thompson, defendant Gregory J Witherspoon, defendant Bobbie J Burroughs, defendant Neil B Kornswiet, defendant Mark E Elbaum, defendant Aames Financial Corp of related case(s) CV WJR (tami) (Entered: 10/30/1997) 10/29/ LODGED/PROPOSED ORDER submitted by defendants for motion to dismiss (for failure to state a claim on which relief canbe granted) [4-1].(FWD TO CRD) (lk) (Entered: 10/30/1997) 10/29/ STIPULATION and ORDER by Judge James M. Ideman; Pltf shall file and serve his opp memo to dfts mot to dism on or before 11/21/97; Dfts shall file and serve their reply memo to pltfs opp on or before 12/12/97; resetting NON Appearance hearing on motion to dismiss (for failure to state a claim on which relief canbe granted) [4-1] 10:00 1/12/98 (shb) (Entered: 10/30/1997) 11/10/ NOTICE OF MOTION AND MOTION by plaintiff Marc Dauber for appointment of lead plaintiffs and choice of lead counsel, and to consolidation of all related actions ; motion hearing set for 10:00 12/1/97 (shb) Modified on 12/11/1997 (Entered: 11/12/1997) 11/10/ LODGED/PROPOSED ORDER submitted by defendant Aames Financial Corp for

5 motion for appointment of lead pltaintiffs and cloice of lead counsel [11-1], for motion to consolidation of all related actions [11-2].(FWD TO CRD) (shb) (Entered: 11/12/1997) 11/10/ DECLARATION of Elizabeth P. Lin by defendant Aames Financial Corp in suppt of mot for appl of lead pltfs and choice of lead pltfs cnsl [11-1], and consol of all related actns [11-2] (shb) (Entered: 11/12/1997) 11/10/ MEMORANDUM by plaintiff Marc Dauber in support of motion for appointment of lead pltaintiffs and cloice of lead counsel [11-1], of motion to consolidation of all related actions [11-2] (shb) (Entered: 11/12/1997) 11/10/ PROOF OF SERVICE by plaintiff Marc Dauber of ntc of mot & mot for appt of lead pltfs and choice of lead cnsl and consolidation of all related acnts; Memo of P&A, decl of Elizabeth Lin in suppt of mot serve dupon Phillip Bosl on 11/10/97 by personal service (shb) (Entered: 11/12/1997) 11/10/ NOTICE OF MOTION AND MOTION by plaintiff Marc Dauber for appointment of Alagappan, Furney, Goodwin & Hoy as lead plfs & approval of lead plfs lead cnsl ; motion hearing set for 10:00 12/15/97 (twdb) (Entered: 11/13/1997) 11/10/ LODGED/PROPOSED ORDER submitted by plaintiff Marc Dauber for motion for appointment of Alagappan, Furney, Goodwin & Hoy as lead plfs & approval of lead plfs lead cnsl [15-1].(FWD TO CRD) (twdb) (Entered: 11/13/1997) 11/10/ MEMORANDUM of PA by plaintiff Marc Dauber in support of motion for appointment of Alagappan, Furney, Goodwin & Hoy as lead plfs & approval of lead plfs lead cnsl [15-1] (twdb) (Entered: 11/13/1997) 11/10/ ORDER RE: Oral Argument by Judge James M. Ideman, RE plfs mot for appt of lead plfs & choice of cnsl & consolidtion of all related actns. (twdb) (Entered: 11/13/1997) 11/10/ DECLARATION of Kirk B. Hulett by plaintiff Marc Dauber in suppt of mot for appt as lead plfs & approval of lead plfs lead cnsl [11-1] (twdb) (Entered: 11/13/1997) 11/13/ AMENDMENT by plaintiff Marc Dauber to mot in suppt of appt of Alagappan, Furney, Goodwin and Hoyt as lead pltfs and approval of lead pltfs lead cnsl [15-1] (shb) (Entered: 11/14/1997) 12/12/ STIPULATION and ORDER re time to file a consolidated A/C by Judge James M. Ideman. It is now stip that the consolidated A/C will be filed w/in 40 dys after entry of the Plaut Order, computed to be on or before 1/12/98. (twdb) (Entered: 12/16/1997) 01/13/ STIPULATION and ORDER tht this act be temporarily stayed. The date for fi of plfs' consolidated Amded Cmp is ext pending lifting of the stay. The stay may be lifted by the crt, agreement of the pties, or mot by any pty by Judge James M. Ideman terminating case (Ent 1/16/98), Mld cpy to plf only, MD JS-6. (lori) (Entered: 01/16/1998) 02/20/ MINUTES: Case should have been closed on entry dated 1/16/98, Make JS-6. by Judge James M. Ideman CR: N/A (shb) (Entered: 02/23/1998) 06/19/ NOTICE OF MOTION AND MOTION by defendant Mark E Elbaum, defendant Neil B Kornswiet, defendant Bobbie J Burroughs, defendant Gregory J Witherspoon, defendant Cary H Thompson, defendant Gary K Judis, defendant Aames Financial Corp to lift stay ; motion hearing set for 10:00 8/3/98 (twdb) (Entered: 06/22/1998)

6 06/22/ ORDER re oral argument by Judge James M. Ideman (dfts' mtn to lift stay fld 6/19/98) (el) (Entered: 06/23/1998) 06/29/ CERT OF SERVICE by defendant on 6/29/98 of Ntc of mtn to lift stay of dis (el) (Entered: 07/10/1998) 07/22/ STIPULATION and ORDER by Judge James M. Ideman taking off calendar for the time being dfts' mtn lifting temo stay of prcdgs; that dfts will, upon fiev (5) days written ntc, place this mtn back on cal on a date convenient for the crt if stlmnt cinf w/judge Lynch is not fruitful. (el) (Entered: 07/23/1998) 09/04/ NOTICE OF MOTION AND MOTION by defendant to lift stay of discovery ; motion hearing set for 10:00 10/5/98; decl of (el) (Entered: 09/08/1998) 09/09/ ORDER re Oral Argument by Judge James M. Ideman (el) (Entered: 09/10/1998) 09/21/ OPPOSITION by plaintiff Marc Dauber to motion to lift stay of discovery [27-1] (el) (Entered: 09/22/1998) 10/02/ STIPULATION and ORDER by Judge Terry J Hatter lifting temporary stay of prcdgs; the ptys have now settled these consolidated actns and have signed a Memo of Understanding to the effect. (ENT 10/5/98), mld cpy & ntc (el) (Entered: 10/05/1998) 10/15/ NOTICE of reassignment of case due to unavailability of judicial officer. Case has been randomly reassigned to Judge Christina A. Snyder for all further proceedings. Case will now read CV CAS (ANx) (cc: all counsel) (rn) Modified on 10/15/1998 (Entered: 10/15/1998) 11/23/ FIRST AMENDED CONSOLIDATED COMPLAINT [1-1] by plaintiffs; jury demand. Summons not issd (el) (Entered: 11/30/1998) 11/23/ STIPULATION of Settlement filed (el) (Entered: 12/01/1998) 11/23/ LODGED decls (2) submitted by plaintiff (FWD TO CRD) (el) (Entered: 12/01/1998) 11/27/ NOTICE OF DISCREPANCY AND ORDER by Judge Christina A. Snyder that the 1st A/C rcvd on 11/23/98 is ord fld/processed (el) (Entered: 11/30/1998) 12/08/ ORDER by Judge Christina A. Snyder preliminarily approving settlement andfapproving the form and manner of ntc (see doc for details) (el) (Entered: 12/09/1998) 12/11/ NOTICE of entry of order by plaintiff (el) (Entered: 12/15/1998) 02/02/ LETTER/OBJ frm non-pty John C Eastman to exclude himself from the class/stlmnt (el) (Entered: 02/09/1999) 02/02/ MEMORANDUM of PA by plaintiff in support of motion for final approval of settlement [42-1] (el) (Entered: 02/18/1999) 02/03/ NOTICE OF DISCREPANCY AND ORDER by Judge Christina A. Snyder that the obj to the prop stlmnt is ordered fld/processed (el) (Entered: 02/09/1999) 02/10/ NOTICE OF MOTION AND MOTION by class member John C Eastman for leave to fi suppl obj to prop stlmnt ; motion hearing set for 10:00 2/22/99 (el) (Entered: 02/18/1999) 02/10/ Suppl OBJECTIONS to prop stlmnt by class member John C Eastman to [39-1] (el) (Entered: 02/18/1999)

7 02/11/ NOTICE OF DISCREPANCY AND ORDER by Judge Christina A. Snyder that the mtn for lv, etc by John Eastman is Ord fld/processed (el) (Entered: 02/18/1999) 02/12/ NOTICE OF MOTION AND MOTION by plaintiffs for final approval of settlement, for approval of plan of alloc of stlmnt proceeds, and for award of attorney fees & reimb of expenses ; motion hearing set for 10:00 2/22/99; Lodged two(2) prop ord; 1 prop jgm (el) (Entered: 02/18/1999) 02/12/ MEMORANDUM of PA by plaintiffs in support of motion for approval of plan of alloc of stlmnt proceeds [42-2] (el) (Entered: 02/18/1999) 02/12/ MEMORANDUM of PA by plaintiffs in support of motion for award of attorney fees & reimb of expenses [42-3] (el) (Entered: 02/18/1999) 02/12/ DECLARATION of Kirk B Hulett in suppt by plaintiffs re motion for final approval of settlement [42-1], motion for approval of plan of alloc of stlmnt proceeds [42-2], motion for award of attorney fees & reimb of expenses [42-3] (el) (Entered: 02/18/1999) 02/12/ DECLARATION of Keith F Park in suppt by plaintiffs re motion for final approval of settlement [42-1], motion for of plan of alloc of stlmnt proceeds [42-2], motion for award of attorney fees & reimb of expenses [42-3] (el) (Entered: 02/18/1999) 02/12/ DECLARATION of D. Lee Janvrin by plaintiffs re (A) Mailing of ntc of prop stlmnt of class actn & hrg thereon and proof of clm and release; and (B) Publication of summ ntc (el) (Entered: 02/18/1999) 02/17/ RESPONSE TO SUPPL OBJ OF JOHN C EASTMAN TO PROP SETTLEMENT by plaintiff [42-1] (lc) (Entered: 02/19/1999) 02/22/ FINAL JUDGMENT AND ORDER: by Judge Christina A. Snyder that the Crt, for purposes of this Final Jgm and order of dismissal, adopts all defined terms as set forth in the Stipulation; that the crt has jurisd over the subj mttr of the litigation, the representative plfs, the other members of the stlmnt class, & dft (pls see doc for Nos for fur details). (ENT 2/23/99) mld cpy & ntc (cc: all counsel) (el) (Entered: 02/23/1999) 02/22/ ORDER by Judge Christina A. Snyder granting motion for approval of plan of alloc of stlmnt proceeds [42-2] that this Crt finds & concludes that the Plan of Allocation set forth in the ntc is, in all respects, fair, reasonable and adequate and the Crt hereby approves the Plan of Allocation (ENT 2/23/99) mld cpy & ntc (el) (Entered: 02/23/1999) 02/22/ ORDER by Judge Christina A. Snyder granting motion for award of attorney fees & reimb of expenses [42-3] that the crt hereby awards representative plfs' cnsl attys' fees in the amt of 30% of the Settlement Fund plus litigation exps incurred in an aggregate amt of $113,057.58, together w/interest earned thereon for the same period & at the same rate as that earned on the Stlmnt Fund until paid; the amt of fees awarded is fair & reasonable under the "percentage of recovery" method (see doc for fur details) (ENT 2/23/99) mld cpy & ntc (el) (Entered: 02/23/1999) 02/22/ MINUTES: granting motion for final approval of settlement [42-1], granting motion for approval of plan of alloc of stlmnt proceeds [42-2], granting motion for award of attorney fees & reimb of expenses [42-3] by Judge Christina A. Snyder CR: Carmelita Lee (el) (Entered: 03/01/1999)

U.S. District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:97-cv CBM-Mc

US District Court Civil Docket as of 11/19/1999 Retrieved from the court on Wednesday, July 20, 2005 U.S. District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR