U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:02-cv AMD

Transcription

1 US District Court Civil Docket as of 04/11/2003 Retrieved from the court on Thursday, October 05, 2006 U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:02-cv AMD Ray v. USinternetworkings, et al Assigned to: Judge Andre M Davis Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Rocky Ray on Behalf of Himself and All Other Similarly Situated Date Filed: 06/07/2002 Date Terminated: 04/11/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Donald J Enright Finkelstein Thompson and Loughran Duvall Foundry th St NW Washington, DC Fax: Andrew J Morganti Miller Faucher and Cafferty LLP 101 N Main St Ste 885 Ann Arbor, MI Patrick Slyne Stull Stull and Brody Six E 45th St Ste 500 New York, NY Fax: Burton Finkelstein Finkelstein Thompson and Loughran Duvall Foundry th St NW Washington, DC Fax:

2 Plaintiff Robert J. Perkowski represented by Andrew J Morganti Burton Finkelstein Donald J Enright Plaintiff Judith Nepveu represented by Andrew J Morganti Burton Finkelstein Donald J Enright Plaintiff Norman Nepveu represented by Andrew J Morganti Burton Finkelstein Donald J Enright Consol Plaintiff Marek Bartula represented by Donald J Enright Andrew J Morganti

3 Patrick Slyne V. USinternetworkings, Inc. TERMINATED: 08/22/2002 Latham and Watkins Two Freedom Sq Ste Freedom Dr Reston, VA Fax: TERMINATED: 08/22/2002 DLA Piper US LLP th St NW Washington, DC Fax: TERMINATED: 08/22/2002 Latham and Watkins LLP Two Freedom Sq Ste Freedom Dr Reston, VA Fax: TERMINATED: 08/22/2002 Andrew A. Stern

4 Latham and Watkins th St NW Washington, DC Fax: Latham and Watkins LLP th St NW Ste 1000 Washington, DC Fax: William H. Washecka Michael Harper

5 Christopher McCleary Mark McEneaney

6 Stephen McManus Mary Weaver

7 Cathy Brienza Micael Brooks

8 William Price Frank A. Adams

9 Grotech Capital Group Movant Afkhami Group represented by Donald J Enright Movant Nepveu Group represented by Burton Finkelstein Andrew J Morganti Patrick Slyne Tracy Diana Rezvani Finkelstein Thompson and Loughran Duvall Foundry th St NW Washington, DC Fax: tdr@ftllaw.com Date Filed # Docket Text 06/07/ COMPLAINT filed; FILING FEE $ RECEIPT # (elt, Deputy Clerk) (Entered: 06/07/2002) 06/07/ DEMAND for jury trial by Rocky Ray (elt, Deputy Clerk) (Entered: 06/07/2002) 06/07/ SUMMONS(ES) (20 days) issued for USinternetworkings, Andrew A. Stern, William H. Washecka, Michael Harper, Christopher McCleary, Mark McEneaney, Stephen McManus, Mary Weaver, Cathy Brienza, Micael Brooks, William Price,

10 Frank A. Adams (elt, Deputy Clerk) (Entered: 06/07/2002) 06/27/ RETURN OF SERVICE executed as to William Price, VP-General Counsel for USinternetworkings 6/18/02 Answer due on 7/8/02 for USinternetworkings (mms, Deputy Clerk) (Entered: 06/27/2002) 06/27/ RETURN OF SERVICE executed as to William Price 6/18/02 Answer due on 7/8/02 for William Price (mms, Deputy Clerk) (Entered: 06/27/2002) 07/17/ JOINT STIPULATION MOTION by Rocky Ray, USinternetworkings to Consolidate Cases AMD and AMD and Proposed Pretrial Order #1 (c/s) (mms, Deputy Clerk) (Entered: 07/17/2002) 07/17/ ORDER granting [5-1] Joint Motion to Consolidate Cases for ALL PURPOSES; ALL PLEADINGS SHALL BE IDENTIFIED WITH CASE NO. AMD and AMD ( signed by Judge Andre M. Davis 7/17/02) (c/i 7/17/02 ms) (mms, Deputy Clerk) (Entered: 07/17/2002) 07/17/2002 Consolidated Lead Case (mms, Deputy Clerk) (Entered: 07/17/2002) 08/13/ MOTION by Afkhami Group for Consolidation, for Approval as Lead Plaintiff and Approval of Selection of Lead Counsel with Declaration of Donald J. Enright in Support, Introduction and Exhibits A - F (c/s) (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/ RETURN OF SERVICE executed as to Micael Brooks 7/29/02 Answer due on 8/19/02 for Micael Brooks (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/ RETURN OF SERVICE executed as to Mark McEneaney 7/29/02 Answer due on 8/19/02 for Mark McEneaney (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/ RETURN OF SERVICE executed as to Christopher McCleary 7/29/02 Answer due on 8/19/02 for Christopher McCleary (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/ RETURN OF SERVICE executed as to Michael Harper 7/29/02 Answer due on 8/19/02 for Michael Harper (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/ RETURN OF SERVICE executed as to Stephen McManus 7/29/02 Answer due on 8/19/02 for Stephen McManus (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/ RETURN OF SERVICE executed as to Mary Weaver 7/29/02 Answer due on 8/19/02 for Mary Weaver (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/ RETURN OF SERVICE executed as to Andrew A. Stern 7/29/02 Answer due on 8/19/02 for Andrew A. Stern (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/ RETURN OF SERVICE executed as to William H. Washecka 7/29/02 Answer due on 8/19/02 for William H. Washecka (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/ RETURN OF SERVICE executed as to Frank A. Adams 7/29/02 Answer due on 8/19/02 for Frank A. Adams (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/ RETURN OF SERVICE executed as to Cathy Brienza 7/29/02 Answer due on 8/19/02 for Cathy Brienza (mms, Deputy Clerk) (Entered: 08/14/2002) 08/21/ MOTION with memorandum in support by Nepveu Group for Appointment as

11 Lead Plaintiff, and Approval of Selection of Lead Counsel with Declaration of Tracy D. Rezvani and Exhibits A - F (c/s) (mms, Deputy Clerk) (Entered: 08/21/2002) 08/22/ NOTICE of withdrawal by Afkhami Group (jnl, Deputy Clerk) (Entered: 08/22/2002) 08/22/ ORDER APPROVING notice of withdrawal ( signed by Judge Andre M. Davis 8/22/02) (c/i 8/22/02) (jnl, Deputy Clerk) (Entered: 08/22/2002) 08/22/ STIPULATION of dismissal without prejudice as to USInternetworkings, Inc and APPROVAL (signed by Judge Andre M. Davis 8/22/02) (c/i 8/22/02) (MICROFILMED 8/22/02) (jnl, Deputy Clerk) (Entered: 08/22/2002) 09/04/ MEMORANDUM by Andrew A. Stern, William H. Washecka et al in opposition to [18-1] motion for Appointment as Lead Plaintiff and [18-2] motion Approval of Selection of Lead Counsel by Nepveu Group (c/s) (jnl, Deputy Clerk) (Entered: 09/04/2002) 09/16/ CORRESPONDENCE by Rocky Ray RE: Errata to correct certain errors in plaintiff's certification form and trading history and Attachment A (c/s) (jnl, Deputy Clerk) (Entered: 09/17/2002) 09/20/ BRIEF/MEMORANDUM by Nepveu Group in support of its [18-1] Motion for Appointment as Lead Plaintiff by Nepveu Group, and its [18-2] Motion for Approval of Selection of Lead Counsel with Exhibits A - D (c/s) (mms, Deputy Clerk) (Entered: 09/20/2002) 09/26/ LETTER/MOTION by USinternetworkings, et al. Requesting Court to Allow s an Opportunity to Respond to Suggestion Advanced by Plaintiffs for the Court to Appoint Rocky Ray or Marek Bartula as the Lead Plaintiff (c/s) (mms, Deputy Clerk) (Entered: 09/26/2002) 09/26/ ORDER granting [24-1] Motion of s Requesting Court to Allow s an Opportunity to Respond to Suggestion Advanced by Plaintiffs for the Court to Appoint Rocky Ray or Marek Bartula as the Lead Plaintiff ( signed by Judge Andre M. Davis 9/26/02) (c/i 9/27/02 ms) (mms, Deputy Clerk) (Entered: 09/27/2002) 10/04/ SURREPLY BRIEF by Andrew A. Stern, et al. in Opposition to [18-1] Motion of Plaintiffs for Appointment as Lead Plaintiff by Nepveu Group, Rocky Ray, or Marek Bartula and [18-2] Motion of Plaintiffs for Approval of Selection of Lead Counsel with Exhibits A - O (c/s) (mms, Deputy Clerk) (Entered: 10/07/2002) 12/16/ ORDER SCHEDULING date for Hearing. (signed by Judge Andre M. Davis 12/16/02) (c/i 12/17/02 ms) (mms, Deputy Clerk) (Entered: 12/17/2002) 12/19/ SUPPLEMENTAL Authority by Nepveu Group in [23-1] support of its Motion for Appointment as Lead Plaintiffs with Attachment (c/s) (mms, Deputy Clerk) (Entered: 12/20/2002) 01/16/2003 Motion hearing held before (Davis, J) - ARGUED - Oral opinion rendered by the Court (Court to issue order) (Court Reporter: S. Cook) (bma, Deputy Clerk) (Entered: 01/16/2003)

12 01/16/ ORDER Granting [18-1] Motion of Nepveu Group for Appointment as Lead Plaintiff, granting [18-2] Motion of Nepveu Group for Approval of Selection of Lead Counsel and FINDING that Normand and Judith Nepveu (The Nepveu Group) are the most adequate Plaintiffs to represent the proposed Class and that they satisfy the requirements of the Private Securities Litigation Reform Act of 1995 and APPROVING the selection of the Nepveu Group of co-lead and liaison counsel for Plaintiffs and the Class is hereby APPROVED. The law firms of Finkelstein, Thompson & Loughran and Stull, Stull and Brody are appointed colead counsel. ( signed by Judge Andre M. Davis 1/16/03) (c/i 1/16/03 ms) (mms, Deputy Clerk) Modified on 01/16/2003 (Entered: 01/16/2003) 01/17/ MOTION by Rocky Ray, Marek Bartula, Nepveu Group for Patrick Slyne to Appear Pro Hac Vice (c/s) (mms, Deputy Clerk) (Entered: 01/17/2003) 01/17/ ORDER granting [29-1] Motion of Plaintiffs Ray, Bartula and Nepveu Group for Patrick Slyne to Appear Pro Hac Vice. Fee paid. (Signed: Clerk, USDC) (c/i 1/17/03 ms) (mms, Deputy Clerk) (Entered: 01/17/2003) 01/17/ MOTION by Rocky Ray, Marek Bartula, Nepveu Group for Andrew J Morganti to Appear Pro Hac Vice (c/s) (mms, Deputy Clerk) (Entered: 01/17/2003) 01/17/ ORDER granting [30-1] Motion of Plaintiffs Roy, Bartula and Nepveu Group for Andrew J Morganti to Appear Pro Hac Vice Fee paid. (Signed: Clerk, USDC, 1/17/03) (c/i 1/17/03 ms) (mms, Deputy Clerk) (Entered: 01/17/2003) 01/29/ MOTION of Director s for Laurie B. Smilan to Appear Pro Hac Vice (mms, Deputy Clerk) (Entered: 01/29/2003) 01/29/ ORDER granting [31-1] motion for Laurie B. Smilan to Appear Pro Hac Vice (Signed: Clerk, USDC 1/29/03) (c/i 1/29/03 ms ) (mms, Deputy Clerk) (Entered: 01/29/2003) 02/24/ STIPULATION AND PROPOSED SCHEDULING ORDER and "APPROVAL." ( signed by Judge Andre M. Davis 2/24/03) (c/i 2/24/03 ms) (mms, Deputy Clerk) (Entered: 02/24/2003) 03/07/ STIPULATION and Proposed Scheduling Order by Andrew A. Stern. (Clarke, David) (Entered: 03/07/2003) 03/07/ ORDER "APPROVING" 33 Stipulation and Proposed Order filed by the parties.(davis, Andre) (Entered: 03/07/2003) 03/10/ MOTION to Appear Pro Hac Vice by Joel B. Ard for Frank A. Adams, Cathy Brienza, Micael Brooks, Michael Harper, Christopher McCleary, Mark McEneaney, Stephen McManus, William Price, Andrew A. Stern, William H. Washecka, Mary Weaver. Fee paid. (mms, Deputy Clerk) (Entered: 03/10/2003) 03/10/ ORDER granting [35] Motion by Joel B. Ard for Director s to Appear Pro Hac Vice (Signed Clerk, USDC, 3/7/03) (c/m 3/10/03 ms) (mms, Deputy Clerk) Modified on 3/10/2003 (mms, Deputy Clerk). (For Pleading #36 SEE Pleading #35) (Entered: 03/10/2003) 03/10/ MOTION by Matthew R. Lewis to Appear Pro Hac Vice by Frank A. Adams, Cathy Brienza, Micael Brooks, Michael Harper, Christopher McCleary, Mark

13 McEneaney, Stephen McManus, William Price, Andrew A. Stern, William H. Washecka, Mary Weaver. Fee paid. (mms, Deputy Clerk) (Entered: 03/10/2003) 03/10/ ORDER granting [37] Motion of Matthew R. Lewis to Appear Pro Hac Vice for Director s (Signed by Clerk, USDC on 3/7/03)(c/m 3/10/03 mms) (mms, Deputy Clerk) Modified on 3/10/2003 (mms, Deputy Clerk). (For Pleading #38, SEE Pleading #37) (Entered: 03/10/2003) 03/17/ AMENDED COMPLAINT against Grotech Capital Group, Frank A. Adams, Cathy Brienza, Micael Brooks, Michael Harper, Christopher McCleary, Mark McEneaney, Stephen McManus, William Price, Andrew A. Stern, William H. Washecka, Mary Weaver, filed by Robert J. Perkowski, Judith Nepveu, Norman Nepveu, Rocky Ray iand all others similarly situated with Exhibits A - D (c/s)(mms, Deputy Clerk) (Entered: 03/17/2003) 03/17/ Summons Issued (20 days) as to Grotech Capital Group. (mms, Deputy Clerk) (Entered: 03/17/2003) 04/10/ NOTICE of Voluntary Dismissal by Nepveu Group (Rezvani, Tracy) (Entered: 04/10/2003) 04/11/ ORDER APPROVING Plaintiffs' Notice of Voluntary Dismissal of this Case. Signed by Judge Andre M Davis on 4/10/03. (c/scanned/mailed/microfilmed 4/11/03 ms)(mms, Deputy Clerk) (Entered: 04/11/2003) 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