U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03-cv SHS

Transcription

1 US District Court Civil Docket as of 10/26/2005 Retrieved from the court on Monday, October 16, 2006 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03-cv SHS DeCanio v. DiCamillo, et al Assigned to: Judge Sidney H. Stein Demand: $0 Lead case: 1:03-cv SHS Member cases: 1:03-cv SHS 1:03-cv SHS 1:03-cv SHS 1:03-cv SHS 1:03-cv SHS 1:03-cv SHS 1:03-cv KMW 1:03-cv SHS 1:03-cv SHS Cause: 15:78m(a) Securities Exchange Act Plaintiff Louis J. DeCanio individually and on behalf of all others similarly situated Date Filed: 09/04/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by David Avi Rosenfeld Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200 Melville, NY Fax: Marc A. Topaz Schiffrin & Barroway, L.L.P. Three Bala Plaza East Suite 400 Bala Cynwyd, PA (610) Mario Alba, Jr Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200

2 Melville, NY Fax: Samuel Howard Rudman Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200 Melville, NY Fax: V. Gary DiCamillo Carl Lueders Donald Halsted represented by Matthew Phineas Previn Wilmer, Cutler & Pickering (NYC) 399 Park Avenue New York, NY Fax: ATTORNEY TO BE NOTICED William L. Flaherty Judith G. Boynton represented by John Owen Farley Goodwin Procter LLP(Boston) Exchange Place, 53 State Street Boston, MA (617)

3 Fax: (617) ATTORNEY TO BE NOTICED KPMG LLP Movant Stephen J. Morgan Date Filed # Docket Text 09/04/ CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ RECEIPT # (jjm) (Entered: 09/08/2003) 09/04/2003 CASE REFERRED TO Judge Sidney H. Stein as possibly related 1:03cv6480. (jjm) (Entered: 09/08/2003) 09/04/ RELATED CASE AFFIDAVIT of David A. Rosenfeld by Louis J. DeCanio re: that this action is related to 03cv6480 (SHS). (jjm) (Entered: 09/08/2003) 09/25/ RETURN OF SERVICE of summons and complaint executed as to Carl Lueders by personal service on 9/22/03. Answer due on 10/13/03 for Carl Lueders. (dle) (Entered: 09/29/2003) 09/25/ RETURN OF SERVICE of summons and complaint executed as to William L. Flaherty by Eugene Donovan on 9/22/03. Answer due on 10/13/03 for William L. Flaherty. (dle) (Entered: 09/29/2003) 09/25/ RETURN OF SERVICE of summons and complaint executed as to Donald Halsted by Eugene Donovan on 9/22/03. Answer due on 10/13/03 for Donald Halsted. (dle) (Entered: 09/29/2003) 09/25/ RETURN OF SERVICE of summons and complaint executed as to Gary DiCamillo by personal service on 9/22/03. Answer due on 10/13/03 for Gary DiCamillo. (dle) (Entered: 09/29/2003) 09/25/ AFFIDAVIT OF SERVICE of summons and complaint as to KPMG LLP by Mary Thieleke on 9/11/03. Answer due on 10/1/03 for KPMG LLP. (dle) (Entered: 09/29/2003) 10/05/2003 Case accepted as related to 1:03cv6480. Notice of assignment to follow. (gf) (Entered: 10/20/2003) 10/05/ Notice of Case assignment to Judge Sidney H. Stein. Copy of notice and judge's rules mailed to Attorney(s) of record: Marc A. Topaz, Mario Alba Jr., David Avi

4 Rosenfeld, Samuel Howard Rudman. (gf) (Entered: 10/20/2003) 10/05/2003 Magistrate Judge Theodore H. Katz is so designated. (gf) (Entered: 10/20/2003) 10/27/2003 NOTICE OF MOTION (filed on service date) by Stephen J. Morgan for an order consolidating case nos. 03cv6480, 03cv6699, 03cv6882, 03cv7237, 03cv7449, 03cv7454, 03cv7499, and 03cv8057, for an order appointing movant Stephen J. Morgan to serve as lead plaintiff on behalf of purchasers of Polaroid Corp. common stock, and for an order approving movant's selection of Shapiro Haber & Urmy LLP to serve as Lead Counsel and Wolf Popper LLP to serve as Liaison Counsel. No Return Date. Proposed order attached. Orig. doc. # 6 filed in 03cv6480. (sb) (Entered: 10/29/2003) 10/27/2003 MEMORANDUM OF LAW by Stephen J. Morgan in support of [0-1] motion for an order consolidating case nos. 03cv6480, 03cv6699, 03cv6882, 03cv7237, 03cv7449, 03cv7454, 03cv7499, and 03cv8057, for an order appointing movant Stephen J. Morgan to serve as lead plaintiff on behalf of purchasers of Polaroid Corp. common stock, and for an order approving movant's selection of Shapiro Haber & Urmy LLP to serve as Lead Counsel and Wolf Popper LLP to serve as Liaison Counsel. Original document # 7 filed in 03cv6480. (sb) (Entered: 10/29/2003) 10/27/2003 DECLARATION of Theodore M. Hess-Mahan by Stephen J. Morgan in support of [0-1] motion for an order consolidating case nos. 03cv6480, 03cv6699, 03cv6882, 03cv7237, 03cv7449, 03cv7454, 03cv7499, and 03cv8057, for an order appointing movant Stephen J. Morgan to serve as lead plaintiff on behalf of purchasers of Polaroid Corp. common stock, and for an order approving movant's selection of Shapiro Haber & Urmy LLP to serve as Lead Counsel and Wolf Popper LLP to serve as Liaison Counsel. Original document # 8 filed in 03cv6480. (sb) (Entered: 10/29/2003) 10/27/2003 Class Members Martin Braver and Harold K Schultz' (Movants) NOTICE OF MOTION to consolidate cases 03 cv 6480, 03 cv 6699, 03 cv 7449, 03 cv 7454, 03 cv 7499 and 03 cv 8057 for all purposes ; appointing Movants to serve as lead plaintiffs ; approving the Movants' selection of counsel for the Class ; Return Date not indicated; orig. docmt dktd in case no. 03 cv 6480, docmt #9 (djc) (Entered: 10/31/2003) 10/27/2003 MEMORANDUM OF LAW in support of [0-1] motion to consolidate cases 03 cv 6480, 03 cv 6699, 03 cv 7449, 03 cv 7454, 03 cv 7499 and 03 cv 8057 for all purposes, [0-2] motion appointing Movants to serve as lead plaintiffs, [0-3] approving the Movants' selection of counsel for the Class. (orig. docmt dktd in case no. 03 cv 6480, docmt #10) (djc) (Entered: 10/31/2003) 10/27/2003 DECLARATION of Joseph R. Seidman, Jr. in support Re: [0-1] motion to consolidate cases 03 cv 6480, 03 cv 6699, 03 cv 7449, 03 cv 7454, 03 cv 7499 and 03 cv 8057 for all purposes, [0-2] motion appointing Movants to serve as lead plaintiffs, [0-3] motion approving the Movants' selection of counsel for the Class. (orig. docmt dktd in case no. 03 cv 6480, docmt #11) (djc) (Entered: 10/31/2003) 11/21/ MOTION (FILED ON SERVICE DATE) for Kathleen M. McCarthy to Appear Pro Hac Vice. Document filed by Carl Lueders. (cd, ) (Entered: 12/02/2003)

5 12/05/ ORDER granting [9] Motion for Kathleen McCarthy to Appear Pro Hac Vice. (Signed by Judge Sidney H. Stein on 12/4/03) (cd, ) (Entered: 12/19/2003) 12/05/2003 Transmission to Attorney Admissions Clerk. Transmitted re: [10] Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, ) (Entered: 12/19/2003) 12/22/2003 CASHIERS OFFICE REMARK on [10] Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/22/03, Receipt Number (sb, ) (Entered: 01/09/2004) 01/13/ ORDER; The motion for admission to practice pro hac vice in this matter is granted. The admitted attorney Kathleen M. McCarthy is permitted to argue or try this particular case in whole or in part as counsel or advocate. (Signed by Judge Sidney H. Stein on 1/7/04) (sb, ) (Entered: 01/22/2004) 01/13/2004 Transmission to Attorney Admissions Clerk. Transmitted re: [11] Order, to the Attorney Admissions Clerk for updating of Attorney Information. (sb, ) (Entered: 01/22/2004) 02/13/ MOTION (FILED ON SERVICE DATE) for DAVID P. DONOVAN to Appear Pro Hac Vice. Document filed by Donald Halsted. (rw, ) (Entered: 02/18/2004) 08/06/ ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney David P. Donovan for admitted Pro Hac Vice. (Signed by Judge Sidney H. Stein on 8/4/04) (jco, ) (Entered: 08/10/2004) 08/06/2004 Transmission to Attorney Admissions Clerk. Transmitted re: [13] Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, ) (Entered: 08/10/2004) 08/19/2004 CASHIERS OFFICE REMARK on [13] Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 08/18/04, Receipt Number (gm, ) (Entered: 08/19/2004) 09/21/2004 OPINION AND ORDER #90670; The Motions for Consolidation of these nine actions: 03cv6480 (Lead Case), with following (Member Cases): 03cv6699; 03cv6882; 03cv7237; 03cv7449; 03cv7454; 03cv7499; 03cv8057; 03cv8433, pertaining to the allegedly fraudulent financial reporting in Polaroid's public statements are granted. Furthermore, the Sczesny Trusts' motion for appointment as lead plaintiff and for the approval of the selection of Goodkind, Labaton, Rudoff & Sucharow LLP as lead counsel are granted, while similar motions filed by Morgan; Braver and Schultz; and Bash are denied. Bash's motion for his appointment as the lead plaintiff for a sub-class of option purchasers and the appointment of his selection for lead counsel for the sub-class is denied without prejudice to its later renewal, if appropriate. Lead Plaintiffs shall serve and file an Amneded Consolidated Class Action Complaint within 45 days of this Opinion and Order. (Signed by Judge Sidney H. Stein on 9/20/04)... Original Document filed in Lead Case: 03cv6480, Doc#23.(sac, ) (Entered: 09/22/2004) 09/21/2004 CONSOLIDATED MEMBER CASE: Case consolidated with 03-cv-6882; 03-cv- 7237; 03-cv-7449; 03-cv7454; ; 03-cv-8057; 03-cv (sac, ) (Entered: 09/23/2004)

6 10/14/2004 STIPULATION AND ORDER: the amended complaint shall be filed by 11/19/04; motion to dismiss due 1/18/05; response due 3/3/05 and reply due 4/4/05. Original document filed in 03cv6480 (SHS), document # 28. (Signed by Judge Sidney H. Stein on 10/12/04) (db, ) (Entered: 10/19/2004) 10/14/2004 Set/Reset Deadlines: Amended Pleadings due by 11/19/2004. Motions due by 1/18/2005. Replies due by 4/4/2005. Responses due by 3/3/2005 (db, ) (Entered: 10/19/2004) 01/31/ ENDORSED LETTER addressed to Judge Stein from Terence K. McLaughlin dated 1/28/2005 re: defendants to file and serve answer(s) or motions to dismiss the amended complaint is extended to 2/18/2005; the time for lead plaintiffs to file and serve opposition to motions to dismiss is extedned to 4/14/2005; defendant may file and serve reply brief(s) if any by 5/25/2005. Extensions of page limits is granted as requested. (Signed by Judge Sidney H. Stein on 1/31/2005) (jsa, ) Modified on 2/5/2005 (jsa, ). (Entered: 02/05/2005) 01/31/2005 Set Answer Due Date purs. to [14] Endorsed Letter,, as to Gary DiCamillo answer due on 2/18/2005; Carl Lueders answer due on 2/18/2005; Donald Halsted answer due on 2/18/2005; William L. Flaherty answer due on 2/18/2005; Judith G. Boynton answer due on 2/18/2005; KPMG LLP answer due on 2/18/2005. (jsa, ) (Entered: 02/05/2005) 01/31/2005 Set Deadlines/Hearings: Motions due by 2/18/2005. Replies due by 5/25/2005. Responses due by 4/14/2005 (jsa, ) (Entered: 02/05/2005) 02/18/ NOTICE of Appearance by John Owen Farley on behalf of Judith G. Boynton (ps, ) (Entered: 02/25/2005) 02/18/ MOTION (FILED ON SERVICE DATE) for James S. Dittmar and Gus P. Coldebella to Appear Pro Hac Vice. DECLARATIONs of James S. Dittmar and Gus P. Coldebella attached. Document filed by Judith G. Boynton. (ps, ) (Entered: 02/25/2005) 03/15/ MOTION (FILED ON SERVICE DATE) for John A. Valentine to Appear Pro Hac Vice. Document filed by Carl Lueders. (dle, ) (Entered: 03/16/2005) 06/22/ MOTION (FILED ON SERVICE DATE) for an order, dismissing with prejudice the Amended Consolidated Class Action Complaint brought by the Constance Sczesny Trust and Edward S. Sczesny Trust, filed 11/19/04, for failure to state claim.. Document filed by Gary DiCamillo, Carl Lueders, Judith G. Boynton. (sac, ) (Entered: 06/24/2005) 06/22/ MEMORANDUM OF LAW in Support re: [18] MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Gary DiCamillo, Carl Lueders, Judith G. Boynton. (sac, ) (Entered: 06/24/2005) 06/22/ (VOLUME 1 OF 2)... DECLARATION of Gus P. Coldebella in Support re: [18] MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Gary DiCamillo, Carl Lueders, Judith G. Boynton. (sac, ) Modified on 6/24/2005 (sac, ). (Entered: 06/24/2005) 06/22/ (VOLUME 2 OF 2)... DECLARATION of Gus P. Coldebella in Support re: [18] MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Gary

7 DiCamillo, Carl Lueders, Judith G. Boynton. (sac, ) (Entered: 06/24/2005) 06/24/ ORDER; granting [16] Motion for an order, admitting James S. Dittmar and Gus P. Coldebella to Appear Pro Hac Vice as counsel for defendant Judith G. Boynton. (Signed by Judge Sidney H. Stein on 6/21/05) (sac, ) (Entered: 06/27/2005) 06/24/2005 Transmission to Attorney Admissions Clerk. Transmitted re: [22] Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (sac, ) (Entered: 06/27/2005) 10/11/ ORDER granting docment [17] Motion for John A. Valentine to Appear Pro Hac Vice. (Signed by Judge Sidney H. Stein on 10/5/2005) (jmi, ) (Entered: 10/12/2005) 10/26/2005 CASHIERS OFFICE REMARK on [23] Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/14/2005, Receipt Number (jd, ) (Entered: 10/26/2005) 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