U.S. District Court District of New Jersey (Trenton) CIVIL DOCKET FOR CASE #: 3:98-cv MLC

Transcription

1 US District Court Civil Docket as of 11/26/2001 Retrieved from the court on Friday, May 12, 2006 U.S. District Court District of New Jersey (Trenton) CIVIL DOCKET FOR CASE #: 3:98-cv MLC BIBOROSCH v. FLEMINGTON PHARM., et al Assigned to: Judge Mary L. Cooper Demand: $0 Cause: 15:77 Securities Fraud Plaintiff RICHARD F. BIBOROSCH ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, Date Filed: 12/23/1998 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by BRYAN L. CLOBES MILLER, FAUCHER & CAFFERTY, LLP ONE LOGAN SQUARE 18TH & CHERRY STREETS SUITE 1700 PHILADELPHIA, PA (215) V. FLEMINGTON PHARMACEUTICAL CORPORATION represented by ROBERT F. SCHAUL ATTORNEY AT LAW 57 DUTCH LANE RINGOES, NJ HARRY A. DUGGER, III represented by ROBERT F. SCHAUL (See above for address)

2 JOHN J. MORONEY represented by ROBERT F. SCHAUL (See above for address) MONROE PARKER SECURITIES, INC. ALAN LIPSKY BRYAN HERMAN represented by MARK J. ASTARITA BEAM & ASTARITA, LLC 300 BROADACRES DRIVE BLOOMFIELD, NJ (973) TERMINATED: 09/20/1999 Date Filed # Docket Text 12/23/ COMPLAINT filed with jury demand FILING FEE $ RECEIPT # (MS) (Entered: 12/29/1998) 12/29/ NOTICE of Allocation and Assignment filed. Magistrate Judge Hughes (Trenton- Cooper) (MS) (Entered: 12/29/1998) 01/21/ LETTER dated 1/20/99 for issuance of summonses for ROBERT F. SCHAUL, HARRY A. DUGGER AND JOHN J. MORONEY By RICHARD F. BIBOROSCH (lk) (Entered: 01/21/1999) 01/21/1999 SUMMONS(ES) issued for FLEMINGTON PHARM., HARRY A. DUGGER III, JOHN J. MORONEY (20 Days) (Mailed to Counsel) (lk) (Entered: 01/21/1999) 03/02/ LETTER dated 3/1/99 for issuance of summonses for defts. MONROE PARKER SECURITIES, ALAN SCOTT LIPSKY and BRYAN JAY By RICHARD F. BIBOROSCH (lk) (Entered: 03/02/1999) 03/02/1999 SUMMONS(ES) issued for MONROE PARKER SECUR., ALAN LIPSKY, BRYAN HERMAN (20 Days) (Mailed to Counsel UPS) (lk) (Entered: 03/02/1999)

3 03/10/ STIPULATION and ORDER, setting answer due for 3/26/99 for FLEMINGTON PHARM., for HARRY A. DUGGER III, for JOHN J. MORONEY (signed by Mag. Judge John J. Hughes) (NM) (lk) (Entered: 03/10/1999) 04/29/ Notice of MOTION to appoint pltf as lead pltf, to approve pltf's choice of lead counsel Motion set for 6/21/99 on [6-1] & [6-2] motion. (Memo/PO Subm) (ms) (Entered: 05/03/1999) 04/29/ DECLARATION of J. DENNIS FAUCHER for pltf supporting [6-1] & [6-2] motions. (ms) (Entered: 05/03/1999) 05/26/ NOTICE of attorney appearance for BRYAN HERMAN by MARK ASTARITA (lk) (Entered: 06/01/1999) 06/10/ NOTICE of attorney appearance for FLEMINGTON PHARM., HARRY A. DUGGER III, JOHN J. MORONEY by ROBERT F. SCHAUL (lk) (Entered: 06/17/1999) 06/10/ Notice of MOTION for Clifford Thau, Esq. & Bruce A. Albert, Esq. to appear pro hac vice by FLEMINGTON PHARM., HARRY A. DUGGER III, JOHN J. MORONEY [10-1] motion referred to Mag. Judge John J. Hughes, Motion set for 10:00 7/6/99 on [10-1] motion. (lk) (Entered: 06/17/1999) 06/23/ Notice of Intent to submit a Dispositive motion to dismiss by FLEMINGTON PHARM., HARRY A. DUGGER III, JOHN J. MORONEY (ms) (Entered: 06/28/1999) 06/25/ ORDER granting [6-1] motion to appoint pltf as lead pltf granting [6-2] motion to approve pltf's choice of lead counsel (signed by Mag. Judge John J. Hughes) (NM) (lk) (Entered: 06/25/1999) 07/06/ ORDER granting [10-1] motion for Clifford Thau, Esq. & Bruce A. Albert, Esq. to appear pro hac vice, etc (signed by Mag. Judge John J. Hughes)(nm) (femp) (Entered: 07/06/1999) 07/06/ Notice of MOTION to dismiss by FLEMINGTON PHARM., HARRY A. DUGGER III, JOHN J. MORONEY, Motion set for 10:00 10/4/99 on [14-1] motion. (Briefs/POs Subm) (lk) (Entered: 07/09/1999) 07/06/ Minute entry: Proceedings NOT recorded; Minutes of 7/6/99; Action taken: granting [6-1] & [6-2] motions to approve lead pltf & lead counsel. (By Mag. Judge John J. Hughes) (ms) (Entered: 07/12/1999) 07/06/ Minute entry: Proceedings NOT recorded; Minutes of 7/6/99; This action taken: granting [10-1] motion for Clifford Thau, Esq. & Bruce A. Albert, Esq. to appear pro hac vice. (By Mag. Judge John J. Hughes) (ms) (Entered: 07/12/1999) 07/07/ RETURN OF SERVICE executed as to MONROE PARKER SECUR., BRYAN HERMAN 3/25/99; Answer due on 4/14/99 for said defts. (ms) (Entered: 07/12/1999) 07/09/ REQUEST BY pltf FOR DEFAULT for failure to plead AGAINST MONROE PARKER SECUR., BRYAN HERMAN (ms) (Entered: 07/12/1999) 07/12/1999 DEFAULT ENTERED as to MONROE PARKER SECUR., BRYAN HERMAN

4 for failure to plead. (ms) (Entered: 07/12/1999) 08/06/ DEFICIENT MOTION filed by BRYAN HERMAN for Mark J. Astarita, Esq. to withdraw as attorney. (all) (lk) (Entered: 08/11/1999) 08/26/ Notice of MOTION for Mark J. Astarita, Esq. to withdraw as attorney by BRYAN HERMAN [20-1] motion referred to Mag. Judge John J. Hughes, Motion set for 10:00 9/20/99 on [20-1] motion. (lk) (Entered: 08/26/1999) 09/20/ Minute entry: Proceedings not recorded. Minutes of: 9/20/99; The following actions were taken, granting [20-1] motion for Mark J. Astarita, Esq. to withdraw as attorney (Terminated attorney MARK ASTARITA for BRYAN HERMAN) (By Mag. Judge John J. Hughes) (femp) (Entered: 09/22/1999) 09/22/ ORDER granting [20-1] motion for Mark J. Astarita, Esq. to withdraw as attorney for deft, HERMAN (signed by Mag. Judge John J. Hughes) (NM) (ms) Modified on 10/04/1999 (Entered: 09/22/1999) 10/04/ Notice of MOTION for J. Dennis Faucher, Esq. to appear pro hac vice for pltf. Motion set for 10:00 10/4/99 on [23-1] motion. (PO Subm) (SA) Modified on 10/04/1999 (Entered: 10/04/1999) 10/04/ ORDER granting [23-1] motion for J. Dennis Faucher, Esq. to appear pro hac vice for pltf. (signed by Mag. Judge John J. Hughes)(NM) (SA) Modified on 10/04/1999 (Entered: 10/04/1999) 10/04/ Minute entry: Proceedings not recorded. Minutes of: 10/4/99; The following actions were taken, [14-1] motion to dismiss taken under advisement (By Judge Mary L. Cooper) (femp) (Entered: 10/06/1999) 10/12/ MEMORANDUM AND ORDER granting in part, denying in part [14-1] motion to dismiss (signed by Judge Mary L. Cooper) (NM) (lk) (Entered: 10/12/1999) 10/29/1999 Deadline updated; telephone conference for 3:00 11/3/99 (dg) (Entered: 10/29/1999) 11/04/1999 Deadline updated; scheduling conference for 11:00 11/30/99 (dg) (Entered: 11/04/1999) 11/04/ CONSENT ORDER, extending time, setting answer due for 11/12/99 for defts. JOHN J. MORONEY, for HARRY A. DUGGER III, for FLEMINGTON PHARM. (signed by Judge Mary L. Cooper)(NM) (ss) (Entered: 11/04/1999) 11/23/ AFFIDAVIT of Bryan L. Clobes, Esq. on behalf of RICHARD F. BIBOROSCH w/unexecuted summons as to deft. Alan Lipsky (lk) (Entered: 11/23/1999) 11/23/ LETTER dated 11/22/99 By RICHARD F. BIBOROSCH for issuance of alias summons as to deft. Alan Lipsky (lk) (Entered: 11/23/1999) 11/23/1999 ALIAS SUMMONS issued for ALAN LIPSKY (20 days)(mailed to counsel) (lk) (Entered: 11/23/1999) 11/24/ ANSWER to Complaint by FLEMINGTON PHARM., HARRY A. DUGGER III, JOHN J. MORONEY (eh) (Entered: 11/24/1999)

5 12/01/1999 Scheduling conference held before Mag. Judge John J. Hughes on 11/30/99. (lk) (Entered: 12/01/1999) 12/01/ SCHEDULING ORDER setting Discovery cutoff 3/31/00; Settlement conference 11:30 2/16/00 ; Dispositive Motion due on or before 4/28/00 (signed by Mag. Judge John J. Hughes)(NM) (lk) (Entered: 12/01/1999) 12/27/ NOTICE of Call for Dismissal as to defts. MONROE PARK SECURITIES, INC. AND BRYAN HERMAN Pursuant to Rule 41.1 Motion hearing set for 10:00 1/12/00 (lk) (Entered: 12/27/1999) 01/11/ Notice of MOTION for default judgment against MONROE PARKER SECUR., BRYAN HERMAN by RICHARD F. BIBOROSCH, Motion set for 10:00 2/7/00 on [33-1] motion. (Brief Subm) (lk) (Entered: 01/11/2000) 01/12/ Minute entry: Proceedings NOT recorded; Minutes of: 1/12/00; The following actions were taken, withdrawing [32-1] notice Call for Dismissal as to defts. MONROE PARK SECURITIES, INC. AND BRYAN HERMAN. By Judge Mary L. Cooper (eh) (Entered: 01/13/2000) 02/07/ Minute entry: Proceedings not recorded. Minutes of: 2/7/00; The following actions were taken, motion for default judgment against MONROE PARKER SECUR., BRYAN HERMAN taken under advisement (By Judge Mary L. Cooper) (femp) (Entered: 02/08/2000) 02/15/ ORDER denying [33-1] motion for default judgment against MONROE PARKER SECUR., BRYAN HERMAN (signed by Judge Mary L. Cooper)(nm) (femp) (Entered: 02/15/2000) 02/16/2000 Deadline updated; settlement conference for 10:30 2/29/00 (dg) (Entered: 02/16/2000) 03/01/2000 Deadline updated; telephone conference for 4:30 4/12/00 (dg) (Entered: 03/01/2000) 03/03/ Notice of MOTION for DONALD CORBETT, Esq. to appear pro hac vice by FLEMINGTON PHARM., HARRY A. DUGGER III, JOHN J. MORONEY [37-1] motion referred to Mag. Judge John J. Hughes, Motion set for 10:00 4/3/00 on [37-1] motion. (PO Subm) (femp) (Entered: 03/03/2000) 03/03/ AFFIDAVIT of DONALD CORBETT on behalf of FLEMINGTON PHARM., HARRY A. DUGGER III, JOHN J. MORONEY in support of [37-1] motion for DONALD CORBETT, Esq. to appear pro hac vice (femp) (Entered: 03/03/2000) 03/08/ ORDER granting [37-1] motion for DONALD CORBETT, Esq. to appear pro hac vice (signed by Mag. Judge John J. Hughes) (nm) (femp) (Entered: 03/08/2000) 04/03/ Minute entry: Proceedings not recorded; Minutes of: 4/3/00; The following actions were taken, granting [37-1] motion for DONALD CORBETT, Esq. to appear pro hac vice By Mag. Judge John J. Hughes (lk) (Entered: 04/05/2000) 04/11/ CLERK'S LETTER ORDER, setting settlement conference for 2:30 5/2/00 (NM) (lk) (Entered: 04/11/2000) 04/24/2000 Deadline updated; telephone conference for 3:00 5/5/00 (dg) (Entered: 04/24/2000)

6 06/12/2000 Deadline updated; telephone conference for 9:30 6/16/00 (dg) (Entered: 06/12/2000) 07/10/ NOTICE of Call for Dismissal as to deft. ALAN LIPSKY Pursuant to Rule 4(m) Motion hearing set for 10:00 7/25/00 (lk) (Entered: 07/11/2000) 07/17/ Return of service unexecuted as to ALAN LIPSKY by affidavit of Bryan L. Clobes, Esq. (lk) (Entered: 07/18/2000) 07/18/ LETTER dated 7/17/00 By RICHARD F. BIBOROSCH for issuance of second alias summons as to deft. Alan Lipsky (lk) (Entered: 07/18/2000) 07/18/2000 SECOND ALIAS SUMMONS issued for ALAN LIPSKY (20 days)(mailed to counsel) (lk) (Entered: 07/18/2000) 07/18/2000 Deadline updated; telephone conference for 2:30 7/21/00 (dg) (Entered: 07/18/2000) 07/26/ Minute entry: Proceedings not recorded; Minutes of: 7/26/00; The following actions were taken, withdrawing [42-1] notice of Call for Dismissal as to deft. ALAN LIPSKY By Judge Mary L. Cooper (lk) (Entered: 07/27/2000) 08/07/2000 Deadline updated; telephone conference for 9:00 8/4/00 (dg) (Entered: 08/07/2000) 08/08/ SCHEDULING ORDER setting Dispositive Motion due on or before 9/22/00; staying certain depositions; and setting certain discovery deadlines (signed by Mag. Judge John J. Hughes) (NM) (lk) (Entered: 08/08/2000) 08/15/ ORDER, staying certain depositions ; setting dispositive motion for 9/22/00 ; and directing counsel for pltf. to provide report of status of certain criminal action (signed by Mag. Judge John J. Hughes) (NM) (lk) (Entered: 08/15/2000) 08/18/ Notice of MOTION for Melody Forrester, Esq. to appear pro hac vice by RICHARD F. BIBOROSCH [48-1] motion referred to Mag. Judge John J. Hughes, Motion set for 10:00 9/18/00 on [48-1] motion. (PO Subm) (lk) (Entered: 08/22/2000) 08/25/ ORDER granting [48-1] motion for Melody Forrester, Esq. to appear pro hac vice for pltf. (signed by Mag. Judge John J. Hughes)(NM) (SA) (Entered: 08/25/2000) 08/28/ ORDER, for additional discovery and setting certain deadlines (signed by Mag. Judge John J. Hughes) (NM) (lk) (Entered: 08/28/2000) 09/06/2000 Deadline updated; status conference for 2:30 9/8/00 (dg) (Entered: 09/06/2000) 09/11/ Minute entry: Proceedings not recorded; Minutes of: 9/11/00; The following actions were taken, granting [48-1] motion for Melody Forrester, Esq. to appear pro hac vice By Mag. Judge John J. Hughes (lk) (Entered: 09/11/2000) 09/20/ ORDER, extending time for defts. Flemington Pharmaceutical Corp., Harry A. Dugger III & John J. Moroney to move for summary judgment to 10/13/00 ; and setting certain briefing schedule (signed by Mag. Judge John J. Hughes) (NM) (lk) (Entered: 09/21/2000) 10/04/ Notice of MOTION for Class Certification by RICHARD F. BIBOROSCH,

7 Motion set for 10:00 11/6/00 on [53-1] motion. (Briefs/PO Subm) (lk) (Entered: 10/05/2000) 10/04/ AFFIDAVIT of Melody Forrester, Esq. on behalf of RICHARD F. BIBOROSCH in support [53-1] motion for Class Certification (lk) (Entered: 10/05/2000) 10/04/ AFFIDAVIT of Clifford Thau, Esq. on behalf of RICHARD F. BIBOROSCH in opposition [53-1] motion for Class Certification (lk) (Entered: 10/05/2000) 10/19/ Notice of Intent to submit a Dispositive motion for summary judgment by FLEMINGTON PHARM., HARRY A. DUGGER III, JOHN J. MORONEY (lk) (Entered: 10/20/2000) 11/06/ Minute entry: Proceedings not recorded; Minutes of: 11/6/00; The following actions were taken, [53-1] motion for Class Certification taken under advisement By Judge Mary L. Cooper (lk) (Entered: 11/09/2000) 11/08/ MEMORANDUM AND ORDER denying [53-1] motion for Class Certification (signed by Judge Mary L. Cooper) (NM) (lk) (Entered: 11/08/2000) 11/13/2000 Deadline updated; telephone conference for 4:00 11/14/00 (dg) (Entered: 11/13/2000) 01/19/ STIPULATION and ORDER, dismissing defts. FLEMINGTON PHARMACEUTICAL CORP., HARRY A. DUGGER, III & JOHN J. MORONEY with prejudice (signed by Judge Mary L. Cooper) (NM) (lk) (Entered: 01/19/2001) 05/23/ AFFIDAVIT of Melody Forrester, Esq. on behalf of RICHARD F. BIBOROSCH Re: unexecuted second alias summons & issuance of third alias summons, fld. 5/22/01. (lk) Modified on 05/23/2001 (Entered: 05/23/2001) 05/23/ LETTER dated 5/21/01 for issuance of third alias summons as to deft. ALAN SCOTT LIPSKY By RICHARD F. BIBOROSCH, fld. 5/22/01. (lk) Modified on 05/23/2001 (Entered: 05/23/2001) 05/23/2001 Third ALIAS SUMMONS issued for ALAN LIPSKY (20 Days)(given to messenger) (lk) (Entered: 05/23/2001) 06/20/ RETURN OF SERVICE executed as to ALAN LIPSKY 6/11/01; Answer due on 7/1/01. (lk) (Entered: 06/21/2001) 07/09/ NOTICE of Call for Dismissal as to deft. ALAN S. LIPSKY Pursuant to Rule 41.1 Motion hearing set for 10:00 7/20/01 (lk) (Entered: 07/13/2001) 07/17/ REQUEST BY RICHARD F. BIBOROSCH FOR DEFAULT AGAINST ALAN LIPSKY for failure to plead. (lk) (Entered: 07/23/2001) 07/17/ DECLARATION of Melody Forrester, Esq. on behalf of RICHARD F. BIBOROSCH in support [64-1] default requested (lk) (Entered: 07/23/2001) 07/20/ Minute entry: Proceedings not recorded; Minutes of: 7/20/01; The following actions were taken, withdrawing [63-1] notice of Call for Dismissal as to deft. ALAN S. LIPSKY By Judge Mary L. Cooper (lk) (Entered: 07/31/2001) 07/23/2001 DEFAULT ENTERED as to ALAN LIPSKY for failure to plead. (lk) (Entered:

8 07/23/2001) 10/15/ ORDER TO SHOW CAUSE ret'ble 3:00 10/29/01 why action should not be dismissed for lack of prosecution. (signed by Judge Mary L. Cooper) (NM) (ms) (Entered: 10/15/2001) 11/05/ Notice of MOTION for default judgment against MONROE PARKER SECUR., ALAN LIPSKY & BRYAN HERMAN by RICHARD F. BIBOROSCH, Motion set for 1:00 1/16/01 on [68-1] motion. (PO Subm) (per chambers) (lk) (Entered: 11/05/2001) 11/05/ DECLARATION of Melody Forrester on behalf of RICHARD F. BIBOROSCH in support [68-1] motion for default judgment against MONROE PARKER SECUR., ALAN LIPSKY & BRYAN HERMAN (lk) (Entered: 11/05/2001) 11/05/ Minute entry: Proceedings recorded by ECR: Morelli; Minutes of: 11/5/01; The following actions were taken; At call for hrn. on OTSC why action should not be dismissed for lack of prosecution; At call for hrn. on pltf's motion for default judgment and for damages hrn.; Ordered pltf. to submit supplemental brief re: attorneys fees by 11/13/01 and hrn. adj. to 11/16/01 at 1:00 p.m. (Via conference call) By Judge Mary L. Cooper (lk) (Entered: 11/07/2001) 11/14/ SUPPLEMENTAL DECLARATION of MELODY FORRESTER for pltf supporting [68-1] motion for default judgment against MONROE PARKER SECUR., ALAN LIPSKY & BRYAN HERMAN. (ms) (Entered: 11/15/2001) 11/16/ Minute entry: Proceedings recorded by ECR: Morelli; Minutes of: 11/16/01; The following actions were taken, withdrawing [67-1] OTSC why action should not be dismissed for lack of prosecution By Judge Mary L. Cooper (lk) (Entered: 11/26/2001) 11/16/ Minute entry: Proceedings recorded by ECR: Morelli; Minutes of: 11/16/01; The following actions were taken, granting [68-1] motion for default judgment against MONROE PARKER SECUR., ALAN LIPSKY & BRYAN HERMAN By Judge Mary L. Cooper (lk) (Entered: 11/26/2001) 11/26/ JUDGMENT for pltf. RICHARD F. BIBOROSCH against defts. MONROE PARKER SECURITIES, INC., ALAN LIPSKY, & BRYAN HERMAN in the sum of $316,571.51; and granting [68-1] motion default judgment against MONROE PARKER SECUR., ALAN LIPSKY & BRYAN HERMAN (signed by Judge Mary L. Cooper) (NM) (lk) (Entered: 11/26/2001) 11/26/2001 Case closed (lk) (Entered: 11/26/2001) 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