U.S. District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:97-cv CBM-Mc

Transcription

1 US District Court Civil Docket as of 11/19/1999 Retrieved from the court on Wednesday, July 20, 2005 U.S. District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:97-cv CBM-Mc Norman Yourish, et al v. CA Amplifier Inc, et al Assigned to: Judge Consuelo B. Marshall Referred to: Discovery James W. McMahon Demand: $0 Cause: 15:0078m(a) Securities Exchange Act Plaintiff Norman Yourish On Behalf of Themselve and All Others Similarly Situated Date Filed: 06/11/1997 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Alan Schulman Bernstein Litowitz Berger & Grossmann High Bluff Dr, Ste 150 San Diego, CA Alfred G Yates, Jr Alfred G Yates Jr & Associates 519 Allegheny Bldg 429 Forbes Ave Suite 519 Pittsburgh, PA William S Lerach Lerach Coughlin Stoia Geller Rudman and Robbins 401 B Street, Suite 1600 San Diego, CA Plaintiff Kenneth Yourish On Behalf of Themselves and All Others Similarly Situated represented by Alan Schulman

2 Alfred G Yates, Jr William S Lerach William A MacArthur Gibson Dunn & Crutcher 333 S Grand Ave, 45th Fl Los Angeles, CA V. California Amplifier Inc Ira Coron David Nichols Michael Ferron

3 Arthur Hausman William NMI McKenna Date Filed # Docket Text 06/11/ COMPLAINT filed Summons(es) issued referred to Discovery James W. McMahon (jp) (Entered: 06/13/1997) 06/16/ NOTICE by plaintiff Norman Yourish, plaintiff Kenneth Yourish of related case(s) CIV173569, Superior Crt of Ca Cty of Ventura (jc) (Entered: 06/18/1997) 07/28/ STIPULATION and ORDER by Judge Consuelo B. Marshall that dfts may have until 45 days after lead cnsl is selected to respond (NLT 8/8/97) to cmp in this actn. If dfts resp by fi a motion, pltfs may have 45 days in whi to srv their oppo papers. Dfts may have 30 days after svc of oppo in whi to srv their rply (lk) (Entered: 07/29/1997) 08/07/ NOTICE OF MOTION AND MOTION by plaintiffs the Yourish Group's to be apptd lead pltfs pursuant to 21D(a)(3)(B), and for approval of lead pltfgs choice of lead counsel ; motion hearing set for 10:00 9/8/97 (lk) (Entered: 08/07/1997) 08/07/ MEMORANDUM by plaintiffs in support of motion to be apptd lead pltfs [4-1], of motion for approval of lead pltfs choice of lead counsel [4-2] (lk) (Entered: 08/07/1997) 08/07/ DECLARATION of Lena C Chang by plaintiffs in support re [4-1], re [4-2] (lk) (Entered: 08/07/1997) 08/14/ RETURN OF SUMMONS and proof of service executed upon defendant CA Amplifier Inc on 6/18/97 by serving Michael Ferron - Vice Pres and Chief Financial Officer by personal service. (lk) (Entered: 08/15/1997) 08/14/ RETURN OF SUMMONS and proof of service executed upon defendant Ira Coron on 6/18/97 by personal service. (lk) (Entered: 08/15/1997) 08/14/ WAIVER OF SERVICE of SUMMONS by defendant David Nichols sent by plf on 7/21/97, signed by William MacArthur, cnsl on 8/7/97. (lk) (Entered: 08/15/1997)

4 08/14/ RETURN OF SUMMONS and proof of service executed upon defendant Michael Ferron on 6/18/97 by personal service. (lk) (Entered: 08/15/1997) 08/14/ RETURN OF SUMMONS and proof of service executed upon defendant Arthur Hausman on 6/18/97 by personal service. (lk) (Entered: 08/15/1997) 08/14/ WAIVER OF SERVICE of SUMMONS by defendant William NMI McKenna sent by plf on 6/26/97, accepted by William MacArthur, Esq on 7/18/97. (lk) (Entered: 08/15/1997) 08/25/ Resp by defendants to Yourish's motion to be apptd lead pltfs [4-1], & for approval of lead pltfgs choice of lead counsel [4-2] (lori) (Entered: 09/03/1997) 09/02/ MINUTES: hearing on motion to be apptd lead pltfs [4-1] & for approval of lead pltfgs choice of lead counsel [4-2] is contd 10:00 9/15/97 by Judge Consuelo B. Marshall CR: N/A (lori) (Entered: 09/05/1997) 09/02/ Reply by plfs in suppt of motion to be apptd lead pltfs [4-1], & for approval of lead pltfgs choice of lead counsel [4-2] (lori) (Entered: 09/05/1997) 09/08/ ORDER by Judge Consuelo B. Marshall granting motion to be apptd lead pltfs [4-1], granting motion for approval of lead pltfs choice of lead counsel [4-2] (lk) (Entered: 09/11/1997) 09/12/ NOTICE of ruling on the Yourish Grp's mot to be appted lead plfs purs to $21D(a)(3)(B) of the SEC Act of 1934 for Approval of lead plfs' Choice of lead cnsl by plfs (lori) (Entered: 09/16/1997) 10/24/ DECLARATION of William A MacCarthur by defendants in support re [13-1] (lk) (Entered: 10/28/1997) 10/24/ NOTICE OF MOTION AND MOTION by dfts William NMI McKenna, Arthur Hausman, Michael Ferron, David Nichols, Ira Coron, CA Amplifier Inc to dismiss purported class actn cmp ; motion hearing set for 10:00 2/2/98 (lk) (Entered: 10/28/1997) 10/24/ REQUEST by defendants for Judicial Notice in support of dfts mot to dism. (lk) (Entered: 10/28/1997) 10/28/ STIPULATION and ORDER by Judge Consuelo B. Marshall and pretrial scheduling Ord re dfts resp to cmp, class discovery and pltfs mot for class certification: 1. Dftsmotto dism shall be fi & svd on or before Oct 24, 1997; 2. Pltfs oppos br, shall be fi & svd NLT 12/12/97; 3. rply br shall be fi and svd NLT 1/9/98; 4. Hrg on dfts mot shall be sched for 2/2/98 at 10:00; 5. Pltfs mot for class certific shall be fi and svc NLT 3/16/98; 6. dfts oppos br shall be fi and svd NLT 4/13/98; 7. Pltfs rply br shall be fi and svd NLT 5/18/98; 8. hrg on pltfs mot shall e sched for 6/1/98 at 10:00 am. (lk) (Entered: 10/29/1997) 01/07/ STIPULATION and ORDER by Judge Consuelo B. Marshall continuing hearing on motion to dismiss purported class actn cmp [13-1] 10:00 2/23/98; oppos to be fi NLT 1/6/98 and rply NTL 2/13/98 (lk) (Entered: 01/08/1998) 01/08/ PROOF OF SERVICE by plaintiff Kenneth Yourish, plaintiff Norman Yourish of Stip & ord cont the hrg date on dfts' mot to dism by mail to Alfred G Yates, Jr, etc

5 on 1/8/98. (lori) (Entered: 01/09/1998) 01/16/ NOTICE OF MOTION AND MOTION by plaintiff Kenneth Yourish, plaintiff Norman Yourish to strike exhs subm in suppt of dfts' mot t odism & all references thereto & oppo to dfts' req for Jud Not; motion hearing set for 10:00 2/23/98 (lori) (Entered: 01/20/1998) 01/16/ Oppo to dfts' req for Jud Not by plaintiff Kenneth Yourish, plaintiff Norman Yourish (lori) (Entered: 01/20/1998) 01/16/1998 LODGED/PROPOSED ORDER submitted by plaintiff Kenneth Yourish, plaintiff Norman Yourish for motion to strike exhs subm in suppt of dfts' mot to dism & all references thereto [19-1], [20-1].(FWD TO CRD) (lori) (Entered: 01/20/1998) 01/16/ MEMORANDUM of PA by plaintiff Kenneth Yourish, plaintiff Norman Yourish in support of motion to strike exhs subm in suppt of dfts' mot to dism & all references thereto [19-1], & oppo to dfts'[20-1] (lori) (Entered: 01/20/1998) 01/16/ Memo of PA by plaintiff Kenneth Yourish, plaintiff Norman Yourish in oppo to dfts' motion to dismiss purported class actn cmp [13-1] (lori) (Entered: 01/20/1998) 01/16/ DECLARATION of Katherine L Blanck by plaintiff Kenneth Yourish, plaintiff Norman Yourish in suppt of plfs' oppo to dfts' mot to dism [13-1] (lori) (Entered: 01/20/1998) 02/09/ OPPOSITION by defendants to plfs' motion to strike exhs subm in suppt of dfts' mot t odism & all references thereto [19-1] (lori) (Entered: 02/10/1998) 02/13/ REPLY br by defendants in fur supprt to motion to dismiss purported class actn cmp [13-1] (pbap) (Entered: 02/17/1998) 02/17/ REPLY by plaintiffs in suppt of motion to strike exhs subm in suppt of dfts' mot to dism & all references thereto [19-1] (dhl) (Entered: 02/18/1998) 02/17/ STATEMENT of recent decisions by plaintiffs in suppt of opp to motion to dismiss purported class actn cmp [13-1] (dhl) (Entered: 02/18/1998) 02/23/ MINUTES: granting dfts motion to dismiss purported class actn cmp [13-1], with lv to amd. Amd cmp shall be fi within 60 days. Resp to amd cmp shall be fi 20 days thereafter. Pltfs mot to str exhibits taken off calendar; vacating motion to strike exhs subm in suppt of dfts' mot t odism & all references thereto [19-1] by Consuelo B. Marshall CR: none (lk) (Entered: 03/09/1998) 02/23/ MINUTES: Dfts mot to dism class actn cmp is granted with leave to amend. A/C shall be fi within 60 days, resp to A/C shall be fi 20 days thereafter. Pltfs mot to strike exh is taken off calendar; granting motion to dismiss purported class actn cmp [13-1], vacating motion to strike exhs subm in suppt dfts' mot t odism & all references thereto [19-1] by Consuelo B. Marshall CR: none (lk) (Entered: 03/12/1998) 03/18/ STIPULATION and ORDER by Judge Consuelo B. Marshall that pla mot for class cert shall be svd on or before 7/31/98; oppos shall be svd NLT 9/2/98; rply if any shall be svd NLT 10/9/98 and hrg will be 10/19/98 at 10:00 am ; IN COURT HEARING RE: pla mot for class certificatio set on 10:00 10/19/98 (lk) (Entered:

6 03/20/1998) 05/15/ NOTICE OF MOTION AND MOTION by plaintiff Kenneth Yourish, plaintiff Norman Yourish for entry of written order re dismissal of cmp w/prejudice, and for leave to use State Crt disc to amd cmp ; motion hearing set for 10:00 6/29/98 Lodged Prop Order (lk) (Entered: 05/18/1998) 05/15/ MEMORANDUM IN SUPPORT by plaintiff Kenneth Yourish, plaintiff Norman Yourish of motion for entry of written order re dismissal [31-1], motion for leave to use State Crt disc to amd cmp [31-2] (lk) (Entered: 05/18/1998) 05/15/ DECLARATION of Katherine L Blanck by plaintiff Kenneth Yourish, plaintiff Norman Yourish in support re motion for entry of written order re dismissal [31-1], motion for leave to use State Crt disc to amd cmp [31-2] (lk) (Entered: 05/18/1998) 06/15/ Memo of P/A's in OPPOSITION by defendants to motion for entry of written order re dismissal [31-1], motion for leave to use State Crt disc to amd cmp [31-2]; decl of Daniel S Floyd in support. (lk) (Entered: 06/16/1998) 06/18/ MINUTES: On Crt's own motion, and pursuant to LR 7.4, the motions listed are taken off calendar pending furth Ord of Crt; vacating hearing re motion for entry of written order re dismissal [31-1], vacating hearing re motion for leave to use State Crt disc to amd cmp [31-2] by Judge Consuelo B. Marshall CR: none (lk) (Entered: 06/23/1998) 06/29/ STIPULATION and ORDER by Judge Consuelo B. Marshall resetting hearing on motion for entry of written order re dismissal [31-1] 10:00 7/13/98, hearing on motion for leave to use State Crt disc to amd cmp [31-2] 10:00 7/13/98 (lk) (Entered: 06/30/1998) 07/09/ MINUTES: Pursuant to LR the motions listed below are taken off calendar: vacating hearing re motion for entry of written order re dismissal [31-1], vacating hearing re motion for leave to use State Crt disc to amd cmp [31-2] by Judge Consuelo B. Marshall CR: none (lk) (Entered: 07/10/1998) 07/28/ Amended Ntc of motion by plaintiff Kenneth Yourish, plaintiff Norman Yourish et al to motion for entry of written order re dismissal [31-1], motion for leave to use State disc to amd cmp [31-2] (lk) (Entered: 07/28/1998) 07/28/ DECLARATION of Lena C Chang by plaintiff Kenneth Yourish, plaintiff Norman Yourish in support re motion for entry of written order re dismissal [31-1], motion for leave to use State Crt disc to amd cmp [31-2] (lk) (Entered: 07/28/1998) 07/28/ MEMORANDUM IN SUPPORT by plaintiff Kenneth Yourish, plaintiff Norman Yourish of motion for entry of written order re dismissal [31-1], motion for leave to use State Crt disc to amd cmp [31-2] (lk) (Entered: 07/28/1998) 07/28/ NOTICE OF MOTION AND MOTION by defendants for entry of order of final dism and entry of jgm ; motion hearing set for 10:00 8/31/98; Decl of Daniel S Floyd in support; Lodged prop Ord & Prop Jgm (lk) (Entered: 07/28/1998) 08/06/ STIPULATION and ORDER tht plfs' mot for class certif shall be svd/fi on/bef 10/30/98; dfts' oppo br, if any, shall be svd/fi on/bef ; plfs' reply br, if any, shall be svd/fi on/bef ; the hrg on plfs' mot for class certif shall be sched for 3/8/99

7 @ 10:00 by Judge Consuelo B. Marshall (lori) (Entered: 08/10/1998) 08/12/ MEMO OF PA IN OPPOSITION by defendant William NMI McKenna, defendant Arthur Hausman, defendant Michael Ferron, defendant David Nichols, defendant Ira Coron, defendant CA Amplifier Inc motion for entry of written order re dismissal [31-1], motion for leave to use State Crt disc to amd cmp [31-2] (ab) (Entered: 08/14/1998) 08/12/ MEMO OF PA IN OPPOSITION by plaintiff Kenneth Yourish, plaintiff Norman Yourish to motion for entry of order of final dism and entry of jgm [41-1] (ab) (Entered: 08/14/1998) 08/12/ DECL OF SERVICE by plaintiff Kenneth Yourish, plaintiff Norman Yourish on 8/11/98 of stip and ord cont briefing schdule on plfs mot for class certification. (ab) (Entered: 08/14/1998) 08/12/ DECLARATION of Katherine L. Blanck by plaintiff Kenneth Yourish, plaintiff Norman Yourish in opp to motion for entry of order of final dism and entry of jgm [41-1] (ab) (Entered: 08/14/1998) 08/13/ MINUTES: without oral argument, the motion for entry of order of final dism and entry of jgm [41-1] is submitted, that the motion for entry of written order re dismissal [31-1] is submitted, that the motion for leave to use State Crt disc to amd cmp [31-2] is submitted by Judge Consuelo B. Marshall CR: none (lk) (Entered: 08/19/1998) 08/24/ DECLARATION of Katherine L Blanck by plaintiff Kenneth Yourish, plaintiff Norman Yourish in further support re motion for entry of written order re dismissal [31-1], motion for leave to use State Crt disc to amd cmp [31-2] (lk) (Entered: 08/25/1998) 08/24/ REPLY BRIEF by defendants in further support of its motion for entry of order of final dism and entry of jgm [41-1] (lk) (Entered: 08/25/1998) 08/26/ REPLY br by plaintiff Kenneth Yourish, plaintiff Norman Yourish in fur suppt of motion for entry of written order re dismissal [31-1], & for leave to use State Crt disc to amd cmp [31-2] (lori) (Entered: 08/27/1998) 08/26/ NOTICE OF DISCREPANCY AND ORDER by Judge Consuelo B. Marshall that pltfs rply br in fur tsupp of mot for entry of Ord re dism of cmp w/out prej & for lv to use state crt disc to amd cmp ldg on 8/24/98 is to be fi and processed. (lk) (Entered: 08/27/1998) 09/21/ ORDER by Judge Consuelo B. Marshall granting dfts motion for entry of order of final dism and entry of jgm [41-1], denying pltfs motion for entry of written order re dismissal [31-1], denying motion for leave to use State Crt disc to amd cmp [31-2] (ENT 9/23/98) mld cpy/ntc. (lk) (Entered: 09/23/1998) 09/21/ JUDGMENT AND ORDER: Consistent with the Order issued herein, JUDGMENT is hereby entered in favor of s by Judge Consuelo B. Marshall. terminating case (ENT 9/23/98) MD JS-6 mld cpy/ntc. (lk) (Entered: 09/23/1998) 10/19/ NOTICE OF APPEAL/Representation Statement by plaintiff Kenneth Yourish to

8 9th C/A from Dist. Court Jgm & Ord fld 9/21/98 & ent 9/23/98 [53-1], Ord fld 9/21/98 [52-1] (cc: Katherine L. Blanck, Milberg Weiss Bershad Hynew & Lerach LLP - San Diego and Los Angeles Offices; Law Offices of Alfred G. Yates, Jr.; Law Offices of Richard D. Kranich; Gibson, Dunn & Crutcher LLP - Los Angeles and Irvine Offices) Fee: Paid. (pjap) (Entered: 10/20/1998) 11/16/ TRANSCRIPT DESIGNATION and ordering form for dates: none requested (fvap) (Entered: 11/16/1998) 12/08/ CERTIFICATE of Record Transmitted to USCA (cc: all parties) (pjap) (Entered: 12/08/1998) 01/05/ NOTIFICATION by Circuit Court of Appellate Docket Number appeal [54-1] (wdc) (Entered: 01/05/1999) 02/02/ COPY of 9th CCA Ord: Applnt's mot for ext of ti in which to file opening brief is GR. Opening brief due 3/4/99. Ans brief due 4/5/99. Optional reply brief is due 14 days frm serv of ans brief. ( ) (pjap) (Entered: 03/15/1999) 04/29/ NOTICE OF CHANGE Of Address filed by atty William S Lerach for plaintiff Norman Yourish (bg) (Entered: 04/30/1999) 06/11/1999 CLERK'S record on appeal transmitted to Circuit [54-1] vols: 5 (wdc) (Entered: 06/11/1999) 11/02/ RECORD on appeal returned from U.S. Court of Appeals re appeal [54-1] vols: 5 (dlu) (Entered: 11/22/1999) 11/05/ th CCA Ord: Ptn for rehrg is den. ( ) (pjap) (Entered: 11/15/1999) 11/12/1999 LODGED cc 9th CCA Ord: Jgm of said Dist Court hereby is affirmed. ( ) (FWD TO CRD) (pjap) (Entered: 11/17/1999) 11/19/ CERTIFIED COPY of Appellate Court Order: Appeal No affirming the decision of the District Court [54-1]. (ENT 11/23/99). mld cpys. (jag) (Entered: 11/23/1999) 11/19/ MANDATE from Circuit Court of Appeals, affirming, is hereby fld & spread upon the minutes of this USDC (jag) (Entered: 11/23/1999) 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