U.S. District Court District of New Jersey (Newark) CIVIL DOCKET FOR CASE #: 2:02-cv JCL-MF

Transcription

1 US District Court Civil Docket as of 12/02/2004 Retrieved from the court on Friday, October 06, 2006 U.S. District Court District of New Jersey (Newark) CIVIL DOCKET FOR CASE #: 2:02-cv JCL-MF NELSON, et al v. CAPRIUS, INC., et al Assigned to: Judge John C. Lifland Referred to: Magistrate Judge Mark Falk Demand: $0 Cause: 18:1962 Racketeering (RICO) Act Plaintiff JACK NELSON Date Filed: 06/26/2002 Jury Demand: Plaintiff Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Federal Question represented by GERALD KROVATIN KROVATIN & ASSOCIATES, LLC 744 BROAD STREET SUITE 1903 NEWARK, NJ (973) Plaintiff DALLAS R. WILLIAMS On behalf of themselves and all others similarly situated represented by R. SCOTT THOMPSON LOWENSTEIN SANDLER PC 65 LIVINGSTON AVENUE ROSELAND, NJ (973) PAUL SALVATORIELLO LOWENSTEIN SANDLER 65 LIVINGSTON AVENUE ROSELAND, NJ (973) V. Consol Plaintiff EUGENE SCHWARTZ represented by R. SCOTT THOMPSON

2 On behalf of Himself and All Others Similarly Situated PAUL SALVATORIELLO V. Defendant GEORGE AARON represented by MORTON S. BUNIS SILLS CUMMIS EPSTEIN & GROSS, PC THE LEGAL CENTER ONE RIVERFRONT PLAZA NEWARK, NJ (973) Defendant JONATHAN JOELS represented by MORTON S. BUNIS Defendant CAPRIUS, INC. NOMINAL represented by ANTHONY J. LAURA REED SMITH LLP THE LEGAL CENTER ONE RIVERFRONT PLAZA NEWARK, NJ (973) JOHN DONOHOE HORAN STOLDT, HORAN & KOWAL P.A. 401 HACKENSACK AVE. HACKENSACK, NJ

3 MORTON S. BUNIS TERMINATED: 01/28/2003 Date Filed # Docket Text 06/25/ VERIFIED DERIVATIVE COMPLAINT filed; jury demand FILING FEE $ RECEIPT # (dc) Modified on 07/02/2002 (Entered: 06/28/2002) 06/28/ NOTICE of Allocation and Assignment filed. ( NEWARK - Judge John C. Lifland - Magistrate Judge Stanley R. Chesler) (NM) (dc) (Entered: 06/28/2002) 07/02/2002 SUMMONS(ES) issued for GEORGE AARON, JONATHAN JOELS, JACK NELSON ( 20 Days) (Mailed to Counsel) (dc) (Entered: 07/02/2002) 07/02/ AMENDED NOTICE of Allocation and Assignment filed. ( NEWARK - Judge John C. Lifland - Magistrate Judge Stanley R. Chesler) (NM) (dc) (Entered: 07/02/2002) 07/15/ ACKNOWLEDGEMENT OF SERVICE as to GEORGE AARON and Jonathan Joels date not signed. (bl) Modified on 07/17/2002 (Entered: 07/17/2002) 08/19/ STIPULATION and ORDER, extending time, set answer due for 9/10/02 for CAPRIUS, INC., for JONATHAN JOELS, for GEORGE AARON ( signed by Judge John C. Lifland ) (NM) (bl) (Entered: 08/22/2002) 09/10/ ANSWER to Complaint by GEORGE AARON, JONATHAN JOELS, CAPRIUS, INC. and cert. of service. (bl) (Entered: 09/13/2002) 10/29/ Notice of MOTION to discqualify law firm of Sill, Cummis, Radin Tishman, Epstein & Gross, P.A. without participation of George Aaron Jonathan Joels by JACK NELSON, Motion set for 11/25/02 on [7-1] motion and cert of service. (Brief/PO Subm) (bl) (Entered: 10/31/2002) 11/21/ Notice of MOTION for Joshua C. Gillete to appear pro hac vice by JACK NELSON, Motion set for 12/23/02 on [8-1] motion cilb and cert. of service. (PO Subm) (bl) (Entered: 11/25/2002) 11/22/ Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 11/22/02; The following actions were taken, withdrawing [7-1] motion to discqualify law firm of Sill, Cummis, Radin Tishman, Epstein & Gross, P.A. without participation of George Aaron Jonathan Joels as per attached letter to Mag. Chambers. By Mag. Judge Stanley R. Chesler (bl) (Entered: 12/02/2002) 12/23/ LETTER ORDER, set status/settlement conference for 11:00 1/17/03 ( signed by Magistrate Judge Mark Falk ) (NM) (DD) (Entered: 12/30/2002) 01/28/ CONSENT ORDER, substituting attorney terminated attorney MORTON S. BUNIS for CAPRIUS, INC. Added JOHN DONOHOE HORAN ( signed by

4 Magistrate Judge Mark Falk ) (NM) (bl) (Entered: 01/29/2003) 01/28/ ORDER, for Andrew A. Rufino Esq. to appear pro hac vice for deft. Carpius, Inc. ( signed by Magistrate Judge Mark Falk ) (NM) (bl) (Entered: 02/07/2003) 02/05/ ORDER re consolidation of The Securities Class Action ( ) and Derivative Action ;and staying discovery pending resolution of defts' stated intention to file motion to dismiss; notwithstanding stay initial Rule 26 disclosures are to be exchanged by 2/10/03. ( signed by Magistrate Judge Mark Falk ) (NM) (bl) (Entered: 02/07/2003) 02/21/2003 Consolidated Lead Case (Consolidated for all purposes per chambers) (mn) (Entered: 02/21/2003) 03/24/ ORDER granting [8-1] motion for Joshua C. Gillete to appear pro hac vice ( signed by Magistrate Judge Mark Falk ) (NM) (bl) (Entered: 03/25/2003) 04/09/ AMENDED COMPLAINT by Con-pla. EUGENE SCHWARTZ, amending [1-1] complaint to add Dallas R. Williams as additional plaintiff and Jury demand. (bl) (Entered: 04/11/2003) 04/09/ CERTIFICATION of Miguel A. Pozo Re genuineness of fax signature of attached Certification of Dallas R. Williams (bl) (Entered: 04/11/2003) 04/09/ CERTIFICATION of Miguel A. Pozo. re genuiness of Fax Signature on behalf of EUGENE SCHWARTZ. (bl) (Entered: 04/17/2003) 04/11/2003 SUMMONS on amended complaint issued for GEORGE AARON, JONATHAN JOELS, CAPRIUS, INC. ( 10 Days) (Mailed to Counsel) (bl) (Entered: 04/11/2003) 05/02/ Notice of Intent to submit a Dispositive motion for judgment on the pleadings by CAPRIUS, INC. (jd) (Entered: 05/05/2003) 05/02/ Notice of MOTION for judgment on the pleadings by CAPRIUS, INC., Motion set for 6/23/03 on [18-1] dispositive motion notice for judgment on the pleadings. (Brief/PO Subm) (jd) Modified on 05/05/2003 (Entered: 05/05/2003) 05/02/ DECLARATION of Robert P. Haney on behalf of CAPRIUS, INC. in support of [19-1] dispositive motion for judgment on the pleadings (jd) (Entered: 05/05/2003) 05/02/ Notice of CROSS MOTION for leave to amend and supplement the complaint by JACK NELSON, Motion set for 6/23/03 on [21-1] cross motion ; proposed amended complaint attached (brief, P/O subm) (jd) Modified on 05/05/2003 (Entered: 05/05/2003) 05/02/ AFFIDAVIT of Jack Nelson on behalf of JACK NELSON in support of [21-1] cross motion for leave to amend and supplement the complaint, and in opposition to [19-1] dispositive motion for judgment on the pleadings; exhibits attached (jd) (Entered: 05/05/2003) 05/02/ Reply DECLARATION of Robert P. Haney on behalf of CAPRIUS, INC. in support of [19-1] dispositive motion for judgment on the pleadings and in opposition to cross-motion for leve to amend complaint; exhibits attached (jd) (Entered: 05/05/2003)

5 05/28/ CERTIFICATE OF SERVICE by JACK NELSON of brief in opposition to deft's motion to amend and supplement complaint and in opposition to defts' motion for Judgment on the pleadings. (bl) (Entered: 05/30/2003) 06/10/ Notice of MOTION for an Order appointing Eugene Schwartz and Dallas R. Williams as co-lead pltf. and approving LOWENSTEIN Sandler as counsel for class by EUGENE SCHWARTZ, DALLAS R. WILLIAMS, Motion set for 7/14/03 on [25-1] motion and cert. of service. (Brief/PO Subm) (bl) Modified on 06/11/2003 (Entered: 06/11/2003) 06/23/ Minute entry: Proceedings recorded by Ct-Reporter: L. Johnson; Minutes of: 6/23/03; The following actions were taken, [21-1] cross motion for leave to amend and supplement the complaint taken under advisement Rule 78, [19-1] dispositive motion for judgment on the pleadings taken under advisement Rule 78 By Judge John C. Lifland (ak) (Entered: 07/01/2003) 07/25/ Minute entry: Proceedings recorded by Ct-Reporter: L. Johnson; Minutes of: 7/14/03; The following actions were taken, [25-1] motion for an Order appointing Eugene Schwartz and Dallas R. Williams as co-lead pltf. and approving LOWENSTEIN Sandler as counsel for class taken under advisement, per rule 78. By Judge John C. Lifland (bl) (Entered: 07/25/2003) 09/23/ OPINION AND ORDER granting [25-1] motion for an Order appointing Eugene Schwartz and Dallas R. Williams as co-lead pltf. and approving LOWENSTEIN Sandler as counsel for class ( signed by Judge John C. Lifland )n/m (bl) (Entered: 09/24/2003) 11/21/2003 Deadline updated; terminating [25-2] hearing Motion set for 7/14/03 on [25-1] motion terminating [8-2] hearing Motion set for 12/23/02 on [8-1] motion terminating [7-2] hearing Motion set for 11/25/02 on [7-1] motion (jb) (Entered: 11/21/2003) 12/22/ CERTIFICATION of PAUL SALVATORIELLO w/exhibits on behalf of pltfs., JACK NELSON, EUGENE SCHWARTZ, DALLAS R. WILLIAMS in support of Memorandum of Law in Opposition to dfts' motion to dism the First Amended Class Action (cs) (Entered: 12/29/2003) 12/22/ CERTIFICATION OF SERVICE of Certification, Memorandum of Law etc. (cs) (Entered: 12/29/2003) 12/23/ CERTIFICATION of Paul Salvatoriello on behalf of EUGENE SCHWARTZ, DALLAS R. WILLIAMS Re: in support of pltfs' memorandum of law in opposition to defts' motion to dismiss pltfs' first amended class action complaint w/exhibits attached (jd) (Entered: 12/31/2003) 12/23/ CERTIFICATE OF SERVICE by EUGENE SCHWARTZ, DALLAS R. WILLIAMS of copy of opposition brief, certification (jd) (Entered: 12/31/2003) 01/13/ MOTION to Dismiss amended class action complaint by GEORGE AARON, CAPRIUS, INC., JONATHAN JOELS and proof of service. (bl, ) (Entered: 01/22/2004) 01/13/ Deft's brief in support of motion to dismiss amended class action complaint (bl, ) (Entered: 01/22/2004)

6 01/13/ Declaration of Jeffrewy J. Greenbaumon behalf of GEORGE AARON, JONATHAN JOELS. (bl, ) (Entered: 01/22/2004) 01/13/ Certification on behalf of plaintiffs Re 33 Motion to Dismiss. (Attachments: consisting of pages # 1)(bl, ) (Entered: 01/22/2004) 01/13/ BRIEF in Opposition re 33 MOTION to Dismiss amended class action complaint filed by JACK NELSON, EUGENE SCHWARTZ, DALLAS R. WILLIAMS. (bl, ) (Entered: 01/22/2004) 01/13/ CERTIFICATE OF SERVICE by JACK NELSON, EUGENE SCHWARTZ, DALLAS R. WILLIAMS re 37 Brief in Opposition to Motion to dismiss class action complaint, proposed order and certification of Paul Salvatoriello (bl, ) (Entered: 01/22/2004) 01/13/ PROPOSED ORDER by JACK NELSON. (bl, ) (Entered: 01/22/2004) 01/16/2004 Minute Entry for proceedings held before Judge Mark Falk : re: pltf's request to lift discovery stay. Telephone Conference held on 1/16/2004. (ej, ) (Entered: 01/21/2004) 01/20/ PROPOSED ORDER. (bl, ) (Entered: 01/22/2004) 05/03/ ORDER denying [19] Motion for Judgment on the Pleadings, granting [21] Motion for Leave to File amended complaint, etc.. Signed by Judge John C. Lifland on 5/3/04. (bl, ) (Entered: 05/04/2004) 05/04/ OPINION & ORDER granting deft's motion to dismiss pltf's first amended class action complaint, and the first amended class action complaint is dismissed. Signed by Judge John C. Lifland on 5/3/04. (bl, ) (Entered: 05/04/2004) 05/14/ First MOTION for Reconsideration re 41 Opinion, Order by EUGENE SCHWARTZ, DALLAS R. WILLIAMS. (Attachments: # 1 Supplement Letter Brief In Support of Motion for Reargument# 2 Text of Proposed Order Proposed Order# 3 Supplement Certificate of Service)(SALVATORIELLO, PAUL) (Entered: 05/14/2004) 05/14/2004 Set Deadlines as to 43 First MOTION for Reconsideration re 41 Opinion, Order. Motion Hearing returnable for 6/14/2004 before Judge John C. Lifland. (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (jb, ) (Entered: 05/18/2004) 05/21/ ORDER scheduling oral argument for 6/23/04 at 3p.m. Signed by Judge Mark Falk on 5/21/04. (bl, ) (Entered: 05/24/2004) 06/01/ BRIEF in Opposition re 43 First MOTION for Reconsideration re 41 Opinion, Order Granting Defendants' Motion to Dismiss filed by GEORGE AARON, JONATHAN JOELS. (Attachments: # 1 Certification of Service)(GREENBAUM, JEFFREY) (Entered: 06/01/2004) 06/07/ REPLY to Response to Motion re 43 First MOTION for Reconsideration re 41 Opinion, Order filed by EUGENE SCHWARTZ, DALLAS R. WILLIAMS. (Attachments: # 1 Certification of Service)(SALVATORIELLO, PAUL) (Entered:

7 06/07/2004) 06/22/ NOTICE of Appearance by ANTHONY J. LAURA on behalf of CAPRIUS, INC. (Attachments: # 1)(LAURA, ANTHONY) (Entered: 06/22/2004) 07/15/ OPINION and ORDER denying43 First MOTION for Reconsideration re 41 Opinion, Order filed by EUGENE SCHWARTZ, DALLAS R. WILLIAMS. Signed by Judge John C. Lifland on 7/7/04. (bl, ) (Entered: 07/16/2004) 11/23/2004 Minute Entry for proceedings held before Judge Mark Falk : Telephone Conference held on 11/23/2004. (mm-sl, ) (Entered: 11/29/2004) 12/02/2004 ***Civil Case Terminated. (bl, ) (Entered: 12/02/2004) 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