U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:11-cv AGF

Transcription

1 US District Court Civil Docket as of March 8, 2012 Retrieved from the court on March 9, 2012 U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:11-cv AGF Julianello v. K-V Pharmaceutical Company et al Assigned to: Honorable Audrey G. Fleissig Related Cases: 4:11-cv AGF 4:11-cv AGF Cause: 15:78m(a) Securities Exchange Act Plaintiff Frank Julianello on behalf of himself and all others similarly situated Date Filed: 10/19/2011 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Naumon A. Amjed KESSLER AND TOPAZ 280 King of Prussia Road Radnor, PA Fax: Roy F. Walters WALTERS AND BENDER 1100 Main Street Suite 2500 Kansas City, MO Fax: R. Keith Johnston WALTERS AND BENDER 12th & Baltimore 2500 City Center Square Kansas City, MO Fax:

2 V. Defendant K-V Pharmaceutical Company represented by Jason Morrow GIBSON AND DUNN 1050 Connecticut Avenue, N.W. Washington, DC Robert P. Berry BERRY AND MAXSON, LLC Main Circle Drive Suite 120 St. Louis, MO Fax: Defendant Gregory J. Divis, Jr. represented by Jason Morrow Robert P. Berry Defendant Scott Goedeke represented by Jason Morrow Robert P. Berry Movant Choo Teck Kwang

3 Movant Kenneth A. Leight represented by Don R. Lolli DYSART AND TAYLOR 4420 Madison Avenue Suite 200 Kansas City, MO Fax: Movant Anderson Family represented by David A.P. Brower BROWER PIVEN 488 Madison Avenue 8th Floor New York, NY Eric D. Holland HOLLAND AND GROVES, L.L.C. 300 N. Tucker Boulevard Suite 801 St. Louis, MO Fax: Randall S. Crompton HOLLAND AND GROVES, L.L.C. 300 N. Tucker Boulevard Suite 801 St. Louis, MO Fax: Date Filed # Docket Text

4 10/19/ COMPLAINT against defendant Gregory J Divis, Jr, K-V Pharmaceutical Company, Scott Goedeke with receipt number , in the amount of $350 Jury Demand,, filed by Frank Julianello. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Waiver of Service K-V Pharmaceutical Company, # 4 Waiver of Service Gregory J. Divis, Jr., # 5 Waiver of Service Scott Goedeke)(Johnston, R.) (Entered: 10/19/2011) 10/20/2011 Case Opening Notification Waivers issued 3, Judge Assigned: Audrey G. Fleissig. (SAJ) (Entered: 10/20/2011) 11/21/ Joint Motion to Extend Time to file an Answer for Defendants to Respond to Complaint by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company, Plaintiff Frank Julianello. (Attachments: # 1 Text of Proposed Order)(Johnston, R.) Modified on 11/22/2011 (JWJ). DOCUMENT TYPE CHANGE AND TEXT MODIFIED (Entered: 11/21/2011) 11/22/ ORDER EXTENDING DEADLINE FOR DEFENDANTS TO RESPOND TO COMPLAINT Pending before the Court is a Joint Stipulation Extending the Deadline for Defendants to Response to the Complaint (Doc. No.2). After careful consideration, the Court orders the following: 1. Defendants are not required to respond to the Complaint in this action or any action consolidated into this action, other than a Consolidated Complaint or a complaint designated as the operative complaint after the appointment of a lead plaintiff and approval of lead plaintiffs selection of lead counsel; 2. Within twenty (20) days after the appointment of a lead plaintiff, counsel for defendants and the lead plaintiff shall: (a) confer regarding a mutually agreeable schedule and dates by which the lead plaintiff will file a Consolidated Complaint (or designate a complaint as the operative complaint) and a briefing schedule on defendants' anticipated motion(s) to dismiss; and (b) file a stipulated briefing schedule for approval by the Court. 3. Counsel for the parties shall notify their clients of their document preservation obligations pursuant to the federal securities laws and the Local Rules. Signed by Honorable Audrey G. Fleissig on 11/22/2011. (NCL) (Entered: 11/22/2011) 11/23/ Letter to attorney R. Keith Johnston from Clerk re: admission pro hac vice. (KLK) (Entered: 11/23/2011) 11/23/ ENTRY of Appearance by Robert P. Berry for Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (Berry, Robert) (Entered: 11/23/2011) 11/23/ DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant K-V Pharmaceutical Company. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Berry, Robert) (Entered: 11/23/2011) 12/19/ MOTION to Appoint Lead Counsel, Consolidate Related Actions, and Appoint Lead Plaintiff names:anthony L. DeWitt by Movant Choo Teck Kwang. (DeWitt, Anthony) (Entered: 12/19/2011) 12/19/ MEMORANDUM in Support of Motion re 7 MOTION to Appoint Lead Counsel, Consolidate Related Actions, and Appoint Lead Plaintiff names:anthony L. DeWitt filed by Movant Choo Teck Kwang. (Attachments: # 1 Exhibit Declaration of Michael Goldberg, # 2 Text of Proposed Order)(DeWitt, Anthony) (Entered: 12/19/2011) 12/19/ MOTION to Consolidate Cases Consolidate with higher case number 11cv1888; 11cv1905, MOTION Appointment As Lead Plaintiff, and Approval Of His Selection Of Lead Counsel and Liaison Counsel by Movant Kenneth A. Leight. (Attachments: # 1 Exhibit A. Proposed Order)(Lolli, Don) [Docket text modified. Modified on 1/9/2012

5 (MRC).] (Entered: 12/19/2011) 12/19/ MEMORANDUM in Support of Motion re 9 MOTION to Consolidate Cases Consolidate with higher case number 11cv1888; 11cv1905, For Lead Plaintiff Pursuant to "PSLRA" and Selection of Lead Counsel filed by Movant Kenneth A. Leight. (Attachments: # 1 Exhibit Declaration of Don R. Lolli, # 2 Exhibit A. Loss Chart, # 3 Exhibit B Certification of Kenneth A. Light, # 4 Exhibit C. Notice of Filing, # 5 Exhibit D. KTMC Resume, # 6 Exhibit E. Dysart resume)(lolli, Don) (Entered: 12/19/2011) 12/19/ ENTRY of Appearance by Eric D. Holland for Movant Anderson Family. (Holland, Eric) (Entered: 12/19/2011) 12/19/ MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland, MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv by Movant Anderson Family. (Attachments: # 1 Text of Proposed Order Proposed Order)(Holland, Eric) (Entered: 12/19/2011) 12/19/ MEMORANDUM in Support of Motion re 12 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv filed by Movant Anderson Family. (Holland, Eric) (Entered: 12/19/2011) 12/19/ DECLARATION filed by Movant Anderson Family re 13 Memorandum in Support of Motion,. (Attachments: # 1 Exhibit Exhibit A-Certifications of the Anderson Family, # 2 Exhibit Exhibit B-Table of Calculated Losses, # 3 Exhibit Exhibit C-Press Release of October 19, 2011, # 4 Exhibit Exhibit D-Firm Resume of Brower Piven, # 5 Exhibit Exhibit E-Firm Resume of HGSS)(Holland, Eric) (Entered: 12/19/2011) 12/27/ MEMORANDUM in Opposition re 7 MOTION to Appoint Lead Counsel, Consolidate Related Actions, and Appoint Lead Plaintiff names:anthony L. DeWitt, 9 MOTION to Consolidate Cases Consolidate with higher case number 11cv1888; 11cv1905 filed by Movant Anderson Family. (Holland, Eric) (Entered: 12/27/2011) 12/29/ MEMORANDUM in Opposition re 12 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv to Motions for Appointmnt as Lead Plaintiff filed by Movant Kenneth A. Leight. (Attachments: # 1 Affidavit In Support of Omnibus Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Lolli, Don) (Entered: 12/29/2011) 01/06/ REPLY In Further Support Of re 9 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv Reply in Further Support of His Motion for Appointment as Lead Plaintiff filed by Movant Kenneth A. Leight. (Lolli, Don)[Docket text modified. Modified on 1/9/2012 (MRC).] (Entered: 01/06/2012) 01/09/ ENTRY of Appearance by Randall S. Crompton for Movant Anderson Family. (Crompton, Randall) (Entered: 01/09/2012) 01/09/ REPLY to Response to Motion re 12 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv filed by Movant Anderson Family. (Holland, Eric) (Entered: 01/09/2012)

6 01/09/ DECLARATION filed by Movant Anderson Family re 19 Reply to Response to Motion, and in Opposition to the Competing Lead Plaintiff Motions. (Attachments: # 1 Exhibit Exhibit A to Piven Declaration, # 2 Exhibit Exhibit B to Piven Declaration, # 3 Exhibit Exhibit C to Piven Declaration, # 4 Exhibit Exhibit D to Piven Declaration)(Holland, Eric) (Entered: 01/09/2012) 01/11/2012 Receipt in the amount of $ for PRO HAC VICE on behalf of NAUMON A. AMJED (CCAM) (Entered: 01/12/2012) 01/11/ MOTION for Leave to Appear Pro Hac Vice Naumon A. Amjed (Filing fee $100) by Plaintiff Frank Julianello. (Attachments: # 1 Certificate Of Good Standing)(MRC) (Entered: 01/13/2012) 01/17/ Docket Text ORDER Re: 21 MOTION for Leave to Appear Pro Hac Vice Naumon A. Amjed (Filing fee $100) by Plaintiff Frank Julianello (Attachments: # 1 Certificate Of Good Standing)(MRC) filed by Frank Julianello; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on January 17, (SAA) (Entered: 01/17/2012) 01/18/2012 ORDER RECEIPT: (see receipt) Docket No: 22 forwarded to those parties not electronically notified. Wed Jan 18 11:04:07 CST 2012 (NCL). (Entered: 01/18/2012) 01/18/ MOTION for Leave to File a Sur-Reply to New Evidence Raised in Reply Briefing by Lori and JonCarlos Anderson by Movant Kenneth A. Leight. (Attachments: # 1 Exhibit A-Sur-Reply of Kenneth A. Leight to New Evidence Raised in Reply Briefing by Lori and JonCarlos Anderson)(Lolli, Don) (Entered: 01/18/2012) 01/19/ Docket Text ORDER Re: 23 MOTION for Leave to File a Sur-Reply to New Evidence Raised in Reply Briefing by Lori and JonCarlos Anderson by Movant Kenneth A. Leight (Attachments: # 1 Exhibit A-Sur-Reply of Kenneth A. Leight to New Evidence Raised in Reply Briefing by Lori and JonCarlos Anderson)(Lolli, Don) filed by Kenneth A. Leight; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on January 19, (SAA) (Entered: 01/19/2012) 01/19/ SURREPLY to Motion re 12 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv and to New Evidence Raised in Document 19 Reply Briefing by Lori and JonCarlos Anderson filed by Movant Kenneth A. Leight. (Lolli, Don) (Entered: 01/19/2012) 01/23/ MOTION for Leave to file a Response to Kenneth Leight's Sur-Reply by Movant Anderson Family. (Attachments: # 1 Exhibit Memorandum in Response to Sur- Reply)(Holland, Eric) (Entered: 01/23/2012) 01/26/ Docket Text ORDER: Re: 26 MOTION for Leave to file a Response to Kenneth Leight's Sur-Reply by Movant Anderson Family, (Attachments: # 1 Exhibit Memorandum in Response to Sur-Reply)(Holland, Eric), filed by Anderson Family ; ORDERED GRANTED. The Court advises the parties, however, that it does not wish to receive any further responsive memoranda at this time on the issue of the appointment of lead counsel. Signed by Honorable Audrey G. Fleissig on January 26, (AGF) (Entered: 01/26/2012) 02/03/ MOTION for Leave to Appear Pro Hac Vice David A.P. Brower (Filing fee $100) by Movant Anderson Family. (KSM) (Entered: 02/06/2012) 02/06/2012 Receipt in the amount of $ for PRO HAC VICE on behalf of DAVID

7 A.P. BROWER (CCAM) (Entered: 02/07/2012) 02/07/ Docket Text ORDER Re: 28 MOTION for Leave to Appear Pro Hac Vice David A.P. Brower (Filing fee $100) by Movant Anderson Family (KSM) filed by Anderson Family; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on February 7, (SAA) (Entered: 02/07/2012) 02/16/ MOTION for Leave to Appear Pro Hac Vice Jason E. Morrow (Filing fee $100 receipt number ) by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (Morrow, Jason) (Entered: 02/16/2012) 02/17/ Docket Text ORDER Re: 30 MOTION for Leave to Appear Pro Hac Vice Jason E. Morrow (Filing fee $100 receipt number ) by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (Morrow, Jason) filed by Gregory J. Divis, Jr., Scott Goedeke, K-V Pharmaceutical Company; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on February 17, (SAA) (Entered: 02/17/2012) 03/01/ ENTRY of Appearance by Roy F. Walters for Plaintiff Frank Julianello. (Walters, Roy) (Entered: 03/01/2012) 03/08/ ORDER OF CONSOLIDATION - IT IS HEREBY ORDERED that the three unopposed motions (Doc. Nos. 7,9 and 12) to consolidate the three above-captioned cases are GRANTED to the extent that they seek consolidation. The remaining aspects of the motions --requesting appointment as lead Plaintiff and approval of lead counsel --remain pending. IT IS FURTHER ORDERED that from this day forward all pleadings in the above-captioned cases shall be filed in Consolidated Case No. 4:11CV1816 AGF, which shall bear the caption: In Re K-V Pharmaceutical Company Securities Litigation No. 4:11CV01816 AGF. IT IS FURTHER ORDERED that the Clerk of Court shall file a copy of this Order in each of the three above-captioned cases. granting 9 Motion to Consolidate Cases Signed by Honorable Audrey G. Fleissig on 3/8/2012. (MRC) (Entered: 03/08/2012) 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