United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:05-cv WGY

Transcription

1 US District Court Civil Docket as of 12/18/2006 Retrieved from the court on Friday, October 26, 2007 United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:05-cv WGY Rosenbaum Capital LLC v. Boston Communications Group, Inc. et al Assigned to: Judge William G. Young Cause: 15:78m(a) Securities Exchange Act Date Filed: 06/06/2005 Date Terminated: 12/18/2006 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Rosenbaum Capital LLC On Behalf of Itself and all Others Similarly Situated represented by David Pastor Gilman and Pastor, LLP 225 Franklin Street 16th Floor Boston, MA Fax: Paulette S. Fox Wolf, Haldenstein, Adler, Freeman & Herz, LLP 270 Madison Avenue New York, NY Peter C. Harrar Wolf Haldenstein Adler Freeman & Herz 270 Madison Avenue New York, NY V. Defendant Boston Communications Group, Inc. represented by Andrea J. Robinson WilmerHale LLP 60 State Street

2 Boston, MA Fax: Jeffrey B. Rudman WilmerHale LLP 60 State Street Boston, MA Fax: Samuel J. Lieberman Wilmer, Cutler, Pickering, Hale and Dorr LLP 399 Park Avenue Suite 2704 New York, NY Fax: Clark W. Petschek WilmerHale LLP 60 State Street Boston, MA Fax: Defendant Karen A. Walker represented by Andrea J. Robinson Jeffrey B. Rudman

3 Samuel J. Lieberman Clark W. Petschek Defendant Edward Y. Snowden represented by Andrea J. Robinson Jeffrey B. Rudman Samuel J. Lieberman Clark W. Petschek Date Filed # Docket Text 06/06/ COMPLAINT against Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden Filing fee: $ 250, receipt number 64746, filed by Rosenbaum Capital LLC. (Attachments: # 1 Part 2 of Complaint# 2 Exhibits # 3 Civil Cover Sheet)(Bell, Marie) (Entered: 06/07/2005) 06/06/2005 Summons Issued as to Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden. (Bell, Marie) (Entered: 06/07/2005) 06/06/2005 If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Dein. (Bell, Marie) (Entered: 06/07/2005) 06/24/ SUMMONS Returned Executed Karen A. Walker served on 6/15/2005, answer due 7/5/2005. (Bell, Marie) (Entered: 06/28/2005) 06/24/ SUMMONS Returned Executed Boston Communications Group, Inc. served on 6/15/2005, answer due 7/5/2005. (Bell, Marie) (Entered: 06/28/2005)

4 06/24/ SUMMONS Returned Executed Edward Y. Snowden served on 6/15/2005, answer due 7/5/2005. (Bell, Marie) (Entered: 06/28/2005) 06/30/ STIPULATION and [Proposed] Order Regarding Complaint and Responsive Pleading by Rosenbaum Capital LLC. (Pastor, David) (Entered: 06/30/2005) 07/01/ NOTICE of Appearance by Clark W. Petschek on behalf of all defendants (Petschek, Clark) (Entered: 07/01/2005) 07/20/ Judge William G. Young : STIPULATION AND ORDER Regarding Complaint and Responsive Pleading entered. cc/cl.(bell, Marie) (Entered: 07/22/2005) 08/02/ MOTION for Leave to Appear Pro Hac Vice by Samuel J. Lieberman by Boston Communications Group, Inc..(Petschek, Clark) (Entered: 08/02/2005) 08/03/2005 Filing fee: $ 50.00, receipt number regarding Motion Pro Hac Vice (Bell, Marie) (Entered: 08/04/2005) 08/08/ MOTION to Appoint Counsel (Co-Lead Counsel) and Appointment of Rosenbaum Capital LLC as Lead Plaintiff by Rosenbaum Capital LLC.(Pastor, David) (Entered: 08/08/2005) 08/08/ MEMORANDUM in Support re 9 MOTION to Appoint Counsel (Co-Lead Counsel) and Appointment of Rosenbaum Capital LLC as Lead Plaintiff filed by Rosenbaum Capital LLC. (Pastor, David) (Entered: 08/08/2005) 08/08/ DECLARATION re 9 MOTION to Appoint Counsel (Co-Lead Counsel) and Appointment of Rosenbaum Capital LLC as Lead Plaintiff by Rosenbaum Capital LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Pastor, David) (Entered: 08/08/2005) 08/08/ Proposed Document(s) submitted by Rosenbaum Capital LLC. Document received: [Proposed] Order. (Pastor, David) (Entered: 08/08/2005) 08/16/ Letter/request (non-motion) from David Pastor submitting CORRECTED pleadings. (Pastor, David) (Entered: 08/16/2005) 08/16/ DECLARATION (CORRECTED) of David Pastor in Support of Motion of Rosenbaum Capital LLC for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Co-Lead Counsel by Rosenbaum Capital LLC. (Attachments: # 1 Errata A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Pastor, David) (Entered: 08/16/2005) 08/16/ Amended MEMORANDUM in Support re 9 MOTION to Appoint Counsel (Co- Lead Counsel) and Appointment of Rosenbaum Capital LLC as Lead Plaintiff filed by Rosenbaum Capital LLC. (Pastor, David) (Entered: 08/16/2005) 08/16/ Judge William G. Young : ORDER entered granting 9 Motion For Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Co-Lead Counsel. cc/cl. (Bell, Marie) (Entered: 08/22/2005) 08/18/2005 Judge William G. Young : Electronic ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice Added Samuel Lieberman for Edward Y. Snowden; Boston Communications Group, Inc. and Karen A. Walker. cc/cl. (Bell, Marie) (Entered: 08/18/2005)

5 09/01/ STIPULATION for Proposed Schedule by Rosenbaum Capital LLC. (Pastor, David) (Entered: 09/01/2005) 09/06/ Judge William G. Young : Electronic ORDER entered. Granting 17 Stipulation For Proposed Schedule filed by Rosenbaum Capital LLC. cc/cl.(bell, Marie) (Entered: 09/08/2005) 10/06/ MOTION for Leave to Appear Pro Hac Vice by Paulette S. Fox Filing fee $ 50.00, receipt number by Rosenbaum Capital LLC. c/s. (Attachments: # 1 Certificate of Paulette S. Fox)(Bell, Marie) (Entered: 10/13/2005) 10/06/ MOTION for Leave to Appear Pro Hac Vice by Peter C. Harrar Filing fee $ 50.00, receipt number by Rosenbaum Capital LLC. c/s. (Attachments: # 1 Certificate of Peter C. Harrar)(Bell, Marie) (Entered: 10/13/2005) 10/12/ AMENDED COMPLAINT For Violations of Federal Securities Laws against Rosenbaum Capital LLC, filed by Rosenbaum Capital LLC. (Attachments: # 1 Certification)(Pastor, David) (Entered: 10/12/2005) 10/19/2005 Judge William G. Young : ElectronicORDER entered granting 20 Motion for Leave to Appear Pro Hac Vice Added Paulette S. Fox for Rosenbaum Capital LLC, and granting 21 Motion for Leave to Appear Pro Hac Vice Added Peter C. Harrar for Rosenbaum Capital LLC. cc/cl. (Bell, Marie) (Entered: 10/19/2005) 12/02/ MOTION to Dismiss Amended Class Action Complaint by Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden.(Petschek, Clark) (Entered: 12/02/2005) 12/02/ MEMORANDUM in Support re 22 MOTION to Dismiss Amended Class Action Complaint filed by Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden. (Petschek, Clark) (Entered: 12/02/2005) 12/02/ AFFIDAVIT of Clark W. Petschek, Esq. in Support re 22 MOTION to Dismiss Amended Class Action Complaint filed by Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 through 8# 3 Exhibit 9 through 13# 4 Exhibit 14 through 19# 5 Exhibit 20 through 25# 6 Exhibit 26 through 27# 7 Exhibit 28 (part 1 of 2)# 8 Exhibit 28 (part 2 of 2)# 9 Exhibit 29 (part 1 of 2)# 10 Exhibit 29 (part 2 of 2)# 11 Exhibit 30 through 33# 12 Exhibit 34)(Petschek, Clark) (Entered: 12/02/2005) 12/08/2005 NOTICE of Hearing on Motion 22 MOTION to Dismiss Amended Class Action Complaint: Motion Hearing set for 2/14/ :00 PM before Chief Judge William G. Young. The hearing will take place at: BOSTON UNIVERSITY LAW SCHOOL, Law School Auditorium, 765 Commonwealth Ave., Boston. Opposition to the motion is due by 12/16/05. Reply brief, if any is due by 12/28/05. cc/cl(smith, Bonnie) (Entered: 12/08/2005) 12/09/ MOTION for Clarification of Briefing Schedule on Defendants' Motion to Dismiss by Rosenbaum Capital LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Pastor, David) (Entered: 12/09/2005) 12/13/2005 Judge William G. Young : ORDER entered granting 25 Motion for Clarification re Notice of Hearing on Motion, Opposition to the Motion to Dismiss is due January 13, Reply brief is due by Feb. 10, The hearing is scheduled for Boston

6 University Law School on Feb. 14, 2006 at 2PM. (Smith, Bonnie) (Entered: 12/13/2005) 01/13/ MEMORANDUM in Opposition re 22 MOTION to Dismiss Amended Class Action Complaint filed by Rosenbaum Capital LLC. (Pastor, David) (Entered: 01/13/2006) 02/10/ REPLY to Response to Motion re 22 MOTION to Dismiss Amended Class Action Complaint filed by Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden. (Petschek, Clark) (Entered: 02/10/2006) 02/10/ DECLARATION re 27 Reply to Response to Motion to Dismiss Amended Class Action Complaint by Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9 (1 of 2)# 10 Exhibit 9 (2 of 2))(Petschek, Clark) (Entered: 02/10/2006) 02/14/2006 ElectronicClerk's Notes for proceedings held before Judge William G. Young : Scheduling Conference held on 2/14/2006, Motion Hearing held on 2/14/2006 re 22 MOTION to Dismiss Amended Class Action Complaint filed by Boston Communications Group, Inc.,, Karen A. Walker,, Edward Y. Snowden,. After hearing the Court takes the matter UNDER ADVISEMENT. The Court holds a 16.1 scheduling conference. Parties have 2 weeks, after the ruling on the motion to dismiss if the case remains,to file a joint case management proposal. IF THE CASE REMIANS A Final Pretrial Conference set for no sooner than 3/5/ :00 PM before Judge William G. Young. Jury Trial set for RUNNING TRIAL LIST AS OF 4/2/ :00 AM before Judge William G. Young. (Court Reporter Womack.) (Smith, Bonnie) (Entered: 02/15/2006) 02/23/ TRANSCRIPT of Proceedings held on 2/14/06 before Judge Young. Court Reporter: Womack. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Smith, Bonnie) (Entered: 02/23/2006) 08/20/ Judge William G. Young : ORDER entered. MEMORANDUM AND ORDER: "The Defendant's Motion to Dismiss Doc. No. 22 is DENIED."(Paine, Matthew) (Entered: 08/22/2006) 08/30/ STIPULATION and [Proposed] Order Regarding Answer by Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden. (Petschek, Clark) (Entered: 08/30/2006) 09/06/ Judge William G. Young : ORDER entered. STIPULATION AND ORDER Regarding Answer. (Paine, Matthew) (Entered: 09/06/2006) 09/28/ JOINT STATEMENT re scheduling conference and proposed Pretrial Scheduling Order Pursuant to Local Rule (Pastor, David) (Entered: 09/28/2006) 09/29/ Judge William G. Young : ORDER entered. re 33 JOINT STATEMENT is SO ORDERED AS MODIFIED as the Case Management Scheduling Order. DISCOVERY DUE March 2, 2007 and DISPOSITIVE MOTIONS DUE March 30, 2007.(Paine, Matthew) (Entered: 09/29/2006)

7 10/04/ MOTION to Certify Class Plaintiff's Motion for Class Certification by Rosenbaum Capital LLC.(Pastor, David) (Entered: 10/04/2006) 10/04/ MEMORANDUM in Support re 35 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by Rosenbaum Capital LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Pastor, David) (Entered: 10/04/2006) 10/04/ AFFIDAVIT of Peter C. Harrar by Rosenbaum Capital LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit End part of Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5)(Pastor, David) (Entered: 10/04/2006) 10/06/ ANSWER to Complaint by Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden.(Petschek, Clark) (Entered: 10/06/2006) 10/19/2006 ELECTRONIC NOTICE of Hearing on Motion 35 MOTION to Certify Class Plaintiff's Motion for Class Certification: Motion Hearing set for 11/16/ :00 PM in Courtroom 18 before Judge William G. Young. Opposition to the motion is due forthwith. Reply brief,if any, is due by Nov. 1, 2007.(Smith, Bonnie) (Entered: 10/19/2006) 10/19/2006 ELECTRONIC NOTICE Cancelling Hearing. Hearing cancelled: Motion hearing on the Motion for Class Cerification set for 11/16/06. The Court will set a hearing once the opposition is filed pursuant to the scheduling order previously entered. (Smith, Bonnie) (Entered: 10/19/2006) 10/20/ NOTICE of Settlement of Related Litigation by Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden (Attachments: # 1 Affidavit of Samuel J. Lieberman)(Petschek, Clark) (Entered: 10/20/2006) 12/13/ Proposed Document(s) submitted by Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden. Document received: [Proposed] Stipulated Protective Order. (Nash, Amy) (Entered: 12/13/2006) 12/14/ Judge William G. Young : ORDER entered. STIPULATED PROTECTIVE ORDER as MODIFIED. Nothing Shall Be Filed in Court Under Seal Absent a Detailed Public Motion and Memorandum Seeking Such Filing. (Attachments: # 1 Exhibit A)(Paine, Matthew) (Entered: 12/15/2006) 12/15/ STIPULATION of Dismissal With Prejudice by Rosenbaum Capital LLC, Boston Communications Group, Inc., Karen A. Walker, Edward Y. Snowden. (Butts, John) (Entered: 12/15/2006) 12/18/2006 Civil Case Terminated. (Paine, Matthew) (Entered: 12/18/2006) 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