US District Court for the Southern District of New York

Transcription

1 US District Court Civil Docket 09/06/2001 US District Court for the Southern District of New York 1:01cv5925 Pond Equities v. New Focus, Inc, et al Date Filed: 06/28/2001 Assigned To: Judge Shira A Scheindlin Referred To: Nature of suit: Securities (850) Cause: Securities Fraud Lead Docket: None Other Docket: None Jurisdiction: Federal Question Litigants Pond Equities, on Behalf of Itself and All Others Similarly Situated PLAINTIFF Class Code: REL CLOSED MEMBER 1:01cv Closed: Yes Statute: 15:77 Jury Demand: Plaintiff Demand Amount: $0 Attorneys Mel E Lifshitz [COR LD NTC] Bernstein, Liebhard & Lifshitz, LLP 10 East 40TH Street New York, NY USA (212) v. New Focus, Inc Milton Chang David L Lee John Dexheimer Winston S FU

2 R Clark Harris Robert D Pavey Kenneth E Westrick Credit Suisse First Boston Corporation Chase Securities, Inc US Bancorp Piper Jaffray Inc Cibc World Markets Corp Date # Proceeding Text 06/28/ CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ RECEIPT # (db) [Entry date 06/29/01] 06/28/ Magistrate Judge Theodore H. Katz is so designated. (db) [Entry date 06/29/01] 06/28/ RULE 1.9 CERTIFICATE filed by Pond Equities. (db) [Entry date 06/29/01] 08/03/ RULE 1.9 CERTIFICATE filed by New Focus, Inc. (cd) [Entry date 08/06/01] 08/09/ Notice of Case Reassignment to Judge Shira A. Scheindlin. Copy of notice mailed to Attorney(s) of record. Pursuant to the Order of Chief Judge Mukasey dated August 8, 2001, the above entitled action is reassinged to the calendar of Judge Shira A. Scheindlin for inclusion in the coordinated pretrial proceedings being conducted by that judge. Two originals of all future documents submitted in this action are to be presented in the Clerk's Office for filing. One original is to be filed in this docket number and one original is to be filed in the miscellaneous case number 21mc92 (SAS). Each shall bear the original assigned judge's ( ) initials after the original docket number. Attached is a copy of Judge Mukasey's ORDER re: coordinating the proceedings before Judge Scheindlin. Also attached is a copy of Judge Scheindlin's ORDER re: set initial PTC 09/07/01 and directing all counsel to comply with Judge Scheindlin's requirements. [Original Orders docketed in 21mc92 (SAS) as documents numbers 1 and 2] (dcap) [Entry date 08/10/01]

3 [Edit date 09/06/01] 08/09/ Pretrial Conference set at 4:30 9/7/01 before Judge Shira A. Scheindlin. (dcap) [Entry date 08/10/01] 08/27/ NOTICE OF MOTION (FILED ON SERVICE DATE) by David G. Dawes, James G. Spar to consolidate cases 01cv5822, 01cv5925, 01cv6115 and 01cv6787 into one action for all purposes, appointing Movants to serve as lead plaintiffs and to approve Movants' selection of counsel for the Class. No return date indicated. (Received in Night Box on 8/27/01 at 5:54pm) [Original filed in 01cv5822(SAS) as Doc# 5 and docketed to 01cv5925, 01cv6115 and 01cv6787.] (dcap) [Entry date 09/02/01] 08/27/ MEMORANDUM OF LAW by David G. Dawes, James G. Spar in support of [5-1] motion to consolidate cases 01cv5822, 01cv5925, 01cv6115 and 01cv6787 into one action for all purposes, [5-2] motion appointing Movants to serve as lead plaintiffs, [5-3] motion to approve Movants' selection of counsel for the Class. (Received in Night Box on 8/27/01 at 5:54pm) [Original filed in 01cv5822(SAS) as Doc# 6 and docketed to 01cv5925, 01cv6115 and 01cv6787.] (dcap) [Entry date 09/02/01] 08/27/ AFFIDAVIT of Michael S. Egan, Esq. by David G. Dawes, James G. Spar in support of [5-1] motion to consolidate cases 01cv5822, 01cv5925, 01cv6115 and 01cv6787 into one action for all purposes, [5-2] motion appointing Movants to serve as lead plaintiffs, [5-3] motion to approve Movants' selection of counsel for the Class. (Received in Night Box on 8/27/01 at 5:54pm) [Original filed in 01cv5822(SAS) as Doc# 7 and docketed to 01cv5925, 01cv6115 and 01cv6787.] (dcap) [Entry date 09/02/01] 08/27/ NOTICE OF MOTION (FILED ON SERVICE DATE) by Salvatore Abbruzzio, Brenda Abbruzzio, Wallace Clark, Naraindas Punjabi, Renaissance Capital, Sloane Russeck to consolidate cases 01cv5822, 01cv5925, 01cv6115 and 01cv6787, appointing the Renaissance Capital Lead Plaintiffs to serve as Lead Plaintiff and to approve the Renaissance Capital Lead Plaintiffs' choice of Lead Counsel. No return date indicated. (Received in Night Box on 8/27/01 at 10:35pm) [Original filed in 01cv5822(SAS) as Doc# 8 and docketed to 01cv5925, 01cv6115 and 01cv6787.] (dcap) [Entry date 09/02/01] 08/27/ DECLARATION of Aaron Brody by Salvatore Abbruzzio, Brenda Abbruzzio, Wallace Clark, Naraindas Punjabi, Renaissance Capital, Sloane Russeck in support Re: [8-1] motion to consolidate cases 01cv5822, 01cv5925, 01cv6115 and 01cv6787, [8-2] motion appointing the Renaissance Capital Lead Plaintiffs to serve as Lead Plaintiff, [8-3] motion to approve the Renaissance Capital Lead Plaintiffs' choice of Lead Counsel. (Received in Night Box on 8/27/01 at 10:35pm) [Original filed in 01cv5822(SAS) as Doc# 9 and docketed to 01cv5925, 01cv6115 and 01cv6787.] (dcap) [Entry date 09/02/01]

4 08/27/ MEMORANDUM OF LAW by Salvatore Abbruzzio, Brenda Abbruzzio, Wallace Clark, Naraindas Punjabi, Renaissance Capital, Sloane Russeck in support of [8-1] motion to consolidate cases 01cv5822, 01cv5925, 01cv6115 and 01cv6787, [8-2] motion appointing the Renaissance Capital Lead Plaintiffs to serve as Lead Plaintiff, [8-3] motion to approve the Renaissance Capital Lead Plaintiffs' choice of Lead Counsel. (Received in Night Box on 8/27/01 at 10:35pm) [Original filed in 01cv5822(SAS) as Doc# 10 and docketed to 01cv5925, 01cv6115 and 01cv6787.] (dcap) [Entry date 09/02/01] 08/27/ NOTICE OF MOTION (FILED ON SERVICE DATE) by Mathew Samuel, Joel A. Cohen to consolidate cases 01cv5822, 01cv5925 and 01cv6115, appointing them as Lead Plaintiffs and to approve their selection of the law firm of Milberg, Weiss, Bershad, Hynes & Lerach, LLP to serve as Lead Counsel. No return date indicated. Proposed Order attached. (Received in Night Box on 8/27/01 at 11:39pm) [Original filed in 01cv5822(SAS) as Doc# 11 and docketed to 01cv5925 and 01cv6115.] (dcap) [Entry date 09/02/01] [Edit date 09/02/01] 08/27/ DECLARATION of Peter E. Seidman by Mathew Samuel, Joel A. Cohen in support Re: [11-1] motion to consolidate cases 01cv5822, 01cv5925 and 01cv6115, [11-2] motion appointing them as Lead Plaintiffs, [11-3] motion to approve their selection of the law firm of Milberg, Weiss, Bershad, Hynes & Lerach, LLP to serve as Lead Counsel. (Received in Night Box on 8/27/01 at 11:39pm) [Original filed in 01cv5822(SAS) as Doc# 12 and docketed to 01cv5925 and 01cv6115.] (dcap) [Entry date 09/02/01] 08/27/ MEMORANDUM OF LAW by Mathew Samuel, Joel A. Cohen in support of [11-1] motion to consolidate cases 01cv5822, 01cv5925 and 01cv6115, [11-2] motion appointing them as Lead Plaintiffs, [11-3] motion to approve their selection of the law firm of Milberg, Weiss, Bershad, Hynes & Lerach, LLP to serve as Lead Counsel. (Received in Night Box on 8/27/01 at 11:39pm) [Original filed in 01cv5822(SAS) as Doc# 13 and docketed to 01cv5925 and 01cv6115.] (dcap) [Entry date 09/02/01] 09/06/ ORDER,... that all cases involving New Focus in this IPO Securities Litigation, as set forth in the attached Rider ( 1:01-cv-05925, 1:01-cv and 1:01-cv-06787), shall be consolidated into case number 01 Civ The Clerk of Court is hereby ordered to consolidate any future cases that are designated as related to 01 Civ ,... the Clerk of Court is further ordered to close all cases that have been consolidated, subject to re-opening at a later date on proper application by a party... ( signed by Judge Shira A. Scheindlin ); Copies mailed. [Original filed in 1:01-cv Document No. 15. Document Docketed in 1:01-cv-05925; 1:01-cv-06115; 1:01-cv-06787] (dcap) [Entry date 10/03/01] 09/06/ Case closed. (dcap) [Entry date 10/03/01] 09/06/ Consolidated Lead Case. (sac) [Entry date 10/16/01]

5 09/06/ Consolidated Member Case. Lead Case Number: 1:01cv5822. (sac) [Entry date 10/16/01]