U.S. District Court Western District of Kentucky (Louisville) CIVIL DOCKET FOR CASE #: 3:99-cv CCG

Transcription

1 US District Court Civil Docket as of 07/22/2002 Retrieved from the court on Tuesday, April 05, 2005 U.S. District Court Western District of Kentucky (Louisville) CIVIL DOCKET FOR CASE #: 3:99-cv CCG Brewer, et al v. Lincoln Intl Corp, et al Assigned to: Magistrate Judge C. Cleveland Gambill Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 03/23/1999 Jury Demand: Both Nature of Suit: 190 Contract: Other Jurisdiction: Federal Question Plaintiff Merle Brewer represented by John Robert Shelton Sales, Tillman & Wallbaum 325 W. Main Street 1900 Waterfront Plaza Louisville, KY Fax: Plaintiff Sara Foree represented by John Robert Shelton V. Intervenor Plaintiff Terry Kennedy represented by John Robert Shelton V. Defendant Lincoln International Corporation represented by Clare Feler Cox Lynch, Cox, Gilman & Mahan, P.S.C.

2 400 W. Market Street 2200 Aegon Center Louisville, KY Fax: Donald L. Cox Lynch, Cox, Gilman & Mahan, P.S.C. 400 W. Market Street 2200 Aegon Center Louisville, KY Fax: Defendant Lee Sisney represented by Clare Feler Cox Donald L. Cox Defendant Richard Dolin represented by Clare Feler Cox Donald L. Cox Defendant David Barhorst represented by Clare Feler Cox Donald L. Cox

3 Defendant LTG, Inc. V. Intervenor Defendant David Barhorst Intervenor Defendant Richard Dolin Intervenor Defendant Lee Sisney Intervenor Defendant Lincoln International Corporation Intervenor Terry Kennedy TERMINATED: 12/13/1999 represented by John Robert Shelton TERMINATED: 12/13/1999 Date Filed # Docket Text 03/23/ COMPLAINT filed. Sv. to Counsel-- (Summons(es) issued) filing fee pd - receipt # (ARK) (Entered: 03/25/1999) 03/23/1999 MAGISTRATE JUDGE DESIGNATION: Mag. Judge Gambill (ARK) (Entered: 03/25/1999) 03/30/1999 RETURN OF SERVICE executed upon defendant Richard Dolin on 3/25/99 per cert. mail. (ARK) (Entered: 04/05/1999) 03/30/1999 RETURN OF SERVICE executed upon defendant David Barhorst on 3/25/99 per Cert. mail. (ARK) (Entered: 04/05/1999)

4 03/30/1999 RETURN OF SERVICE executed upon defendant Lee Sisney on 3/25/99 per cert. mail. (ARK) (Entered: 04/05/1999) 03/30/1999 RETURN OF SERVICE executed upon defendant Lincoln Intl Corp on 3/25/99 per cert. mail. (ARK) (Entered: 04/05/1999) 05/14/ MOTION by defendants to extend time to 5/18/99 to answer complaint ; order tendered (MLG) (Entered: 05/14/1999) 05/14/1999 ATTORNEY APPEARANCE for defendant Lincoln Intl Corp, defendant Lee Sisney, defendant Richard Dolin, defendant David Barhorst by Donald L. Cox, Clare Feler Cox (ARK) (Entered: 05/25/1999) 05/18/ MOTION by defendant to dismiss complaint--resp. DUE ON 6/30/99 per #8 ; Memorandum in Support; order tendered (PAC) Modified on 06/08/1999 (Entered: 05/18/1999) 05/18/ EXHIBITS to motion to dismiss complaint (In expandable folder) (PAC) (Entered: 05/18/1999) 05/25/ ORDER by Chief Judge Charles R. Simpson III granting motion to extend time to 5/18/99 to answer complaint [2-1] (cc: all counsel) (ARK) (Entered: 05/25/1999) 06/01/ MOTION by plaintiff Merle Brewer, plaintiff Sara Foree to extend time to file resp. to motion to dism. to 6/30/99 ; order tendered (ARK) (Entered: 06/01/1999) 06/01/ RESPONSE by defendant Lincoln Intl Corp, defendant Lee Sisney, defendant Richard Dolin, defendant David Barhorst to motion to extend time to file resp. to motion to dism. to 6/30/99 [6-1] ; order tendered--no OBJ. (ARK) (Entered: 06/02/1999) 06/08/ ORDER by Chief Judge Charles R. Simpson III granting motion to extend time to file resp. to motion to dism. to 6/30/99 [6-1] (cc: all counsel) (ARK) (Entered: 06/08/1999) 06/30/ MOTION by plaintiff Merle Brewer, Terry Kennedy to amend complaint ; AMD. CMP. ATTACHED; order tendered (ARK) Modified on 06/30/1999 (Entered: 06/30/1999) 06/30/ MOTION by plaintiff Merle Brewer, plaintiff Sara Foree to extend time to file resp. to motion to dism. to 7/8/99 ; order tendered (ARK) (Entered: 06/30/1999) 07/08/ RESPONSE by plaintiff to motion to dismiss complaint--resp. DUE ON 6/30/99 per #8 [3-1] (MLG) (Entered: 07/08/1999) 07/19/ MOTION by defendant Lincoln Intl Corp, defendant Lee Sisney, defendant Richard Dolin, defendant David Barhorst to extend additional 25 days to resp. to motion to amd. ; order tendered (ARK) (Entered: 07/20/1999) 08/03/ ORDER by Chief Judge Charles R. Simpson III granting motion to extend additional 25 days to resp. to motion to amd. [12-1] (cc: all counsel) (ARK) (Entered: 08/03/1999) 08/12/ RESPONSE IN OPPOSITION filed by defendant Lincoln Intl Corp, defendant Lee Sisney, defendant Richard Dolin, defendant David Barhorst to motion to amend

5 complaint [9-1] ; order tendered (ARK) (Entered: 08/13/1999) 08/19/ MOTION by intervenor Terry Kennedy to intervene ; INTERVENING CMP. ATTACHED; order tendered (ARK) (Entered: 08/19/1999) 08/31/ RESPONSE IN OPPOSITION filed by defendant Lincoln Intl Corp, defendant Lee Sisney, defendant Richard Dolin, defendant David Barhorst to motion to intervene [15-1] ; order tendered (ARK) (Entered: 09/01/1999) 08/31/ MOTION by defendant Lincoln Intl Corp, defendant Lee Sisney, defendant Richard Dolin, defendant David Barhorst to clarify due dates for resp. or answers ; order tendered (ARK) (Entered: 09/01/1999) 09/07/ ORDER by Chief Judge Charles R. Simpson III granting motion to extend time to file resp. to motion to dism. to 7/8/99 [10-1] (cc: all counsel) [Entry Date: 9/7/99] (ARK) (Entered: 09/07/1999) 09/10/1999 FILE SUBMITTED to CRS - law clk (NCS) (Entered: 09/10/1999) 09/10/ REPLY by plaintiff Merle Brewer, plaintiff Sara Foree to response to motion to amend complaint [9-1] (ARK) (Entered: 09/13/1999) 09/20/ REPLY by intervenor Terry Kennedy to response to motion to intervene [15-1] (ARK) (Entered: 09/21/1999) 10/26/ NOTICE by attorney for defendant of change of address (PAC) (Entered: 10/29/1999) 12/13/1999 FILE RETURNED (ARK) (Entered: 12/13/1999) 12/13/ ORDER by Chief Judge Charles R. Simpson III granting motion to amend complaint [9-1] granting motion to intervene [15-1] terminating intervenor Terry Kennedy granting motion to clarify due dates for resp. or answers [17-1] the motion to dismiss complaint--resp. DUE ON 6/30/99 per #8 [3-1] is REMANDED. Dfts. are granted 30 days from svc. of cmp. to answer. (cc: all counsel) [Entry Date: 12/13/99] (ARK) (Entered: 12/13/1999) 12/13/ AMENDED COMPLAINT [1-1] by plaintiff Merle Brewer, plaintiff Sara Foree; adding LTG Inc; jury demand (ARK) (Entered: 12/13/1999) 12/13/ INTERVENOR'S COMPLAINT by intervenor Terry Kennedy adding intervenor plaintiff Terry Kennedy, intervenor defendant David Barhorst, Richard Dolin, Lee Sisney, Lincoln Intl Corp (ARK) (Entered: 12/13/1999) 01/12/ MOTION by plaintiff Sara Foree, defendant Lincoln Intl Corp, defendant Lee Sisney, defendant Richard Dolin, defendant David Barhorst to extend time to file resp. to amd. cmp. to 1/26/00 ; order tendered (ARK) (Entered: 01/13/2000) 01/25/ MOTION by plaintiff Sara Foree, defendant Lincoln Intl Corp, defendant Lee Sisney, defendant Richard Dolin, defendant David Barhorst to extend time to resp. to amd. cmp. to 2/9/00 ; order tendered (ARK) (Entered: 01/26/2000) 02/02/ ORDER by Chief Judge Charles R. Simpson III granting motion to extend time to file resp. to amd. cmp. to 1/26/00 [25-1] (cc: all counsel) [Entry Date: 2/2/00] (ARK) (Entered: 02/02/2000)

6 02/07/ ORDER by Chief Judge Charles R. Simpson III granting motion to extend time to resp. to amd. cmp. to 2/9/00 [26-1] (cc: all counsel) [Entry Date: 2/7/00] (ARK) (Entered: 02/07/2000) 02/09/ MOTION by defendant Lincoln Intl Corp for leave to exceed page limitation in excess of forty pages ; order tendered; MOTION TO DISMISS AMD. CMP. & EXHIBITS ATTACHED IN BROWN FOLDER. (ARK) (Entered: 02/10/2000) 03/03/2000 REMARK - Doc # 29 submitted to CRS (NCS) (Entered: 03/03/2000) 03/06/ ORDER by Chief Judge Charles R. Simpson III granting motion for leave to exceed page limitation in excess of forty pages [29-1] (cc: all counsel) [Entry Date: 3/6/00] (ARK) (Entered: 03/06/2000) 03/06/ MOTION by defendant Lincoln Intl Corp, defendant LTG Inc, defendant David Barhorst, defendant Richard Dolin, defendant Lee Sisney to dismiss amd. cmp. (Resp due 3/31/00 #35) ; Memorandum in Support; order tendered (FILED IN BROWN FOLDER DUE TO SIZE) (ARK) Modified on 04/06/2000 (Entered: 03/06/2000) 03/06/ EXHIBITS by defendants, et al. Lincoln Intl Corp to motion to dismiss amd. cmp. [31-1] (FILED IN BROWN FOLDER DUE TO SIZE) (ARK) (Entered: 03/06/2000) 03/09/ MOTION by Terry Kennedy, Merle Brewer to extend till 3/31/2000 to resp to dfts mot to dism ; order tendered (PAC) (Entered: 03/09/2000) 03/31/ RESPONSE by plaintiff Merle Brewer to motion to dismiss amd. cmp. [31-1] ; order tendered (ARK) (Entered: 03/31/2000) 04/06/ ORDER by Chief Judge Charles R. Simpson III granting pla motion to extend till 3/31/2000 to resp to dfts mot to dism [33-1] (cc: all counsel) [Entry Date: 4/6/00] (MLG) (Entered: 04/06/2000) 04/14/ MOTION by defendant David Barhorst, defendant Richard Dolin, defendant Lee Sisney, defendant Lincoln Intl Corp to extend time to 4/28/00 to file rply to plas' resp to mot to dismiss amd cmp ; Memorandum in Support; order tendered. (SDB) (Entered: 04/14/2000) 04/28/ MOTION by defendant to extend till 5/12/2000 to reply to mot to dismiss amended cmp ; order tendered (PAC) (Entered: 05/01/2000) 05/01/ ORDER by Chief Judge Charles R. Simpson III granting motion to extend time to 4/28/00 to file rply to plas' resp to mot to dismiss amd cmp [36-1] (cc: all counsel) [Entry Date: 5/1/00] (ARK) (Entered: 05/01/2000) 05/09/ REPLY by defendant Lincoln Intl Corp to response to motion to dismiss amd. cmp. (Resp due 3/31/00 #35) [31-1] (ARK) (Entered: 05/10/2000) 05/11/2000 FILE SUBMITTED to CRS - lw clk (NCS) (Entered: 05/11/2000) 05/25/ MOTION by plaintiff Sara Foree, plaintiff Merle Brewer for leave to file surreply ; Surreply ATTACHED; order tendered (ARK) (Entered: 05/26/2000) 06/06/2000 FILE RETURNED (NCS) (Entered: 06/06/2000)

7 06/09/ MOTION by defendants to extend time to 6/26/00 to file response ; order tendered (MLG) (Entered: 06/12/2000) 06/13/ RESPONSE by plaintiff Sara Foree, plaintiff Merle Brewer to motion to extend time to 6/26/00 to file response [41-1] ; order tendered (ARK) (Entered: 06/14/2000) 06/26/ RESPONSE by defendant Lincoln Intl Corp to motion for leave to file surreply [40-1] ; order tendered (ARK) (Entered: 06/28/2000) 08/28/2000 FILE SUBMITTED to CRS.pc (NCS) (Entered: 08/28/2000) 08/28/2000 FILE RETURNED (ARK) (Entered: 08/28/2000) 09/05/2000 FILE SUBMITTED - CRS pc (NCS) (Entered: 12/05/2000) 11/15/ MOTION by plaintiff Sara Foree, plaintiff Merle Brewer for status conf. ; order tendered (ARK) (Entered: 11/16/2000) 12/20/2000 FILE RETURNED (ARK) (Entered: 12/20/2000) 12/20/ ORDER by Chief Judge Charles R. Simpson III granting motion to extend till 5/12/2000 to reply to mot to dismiss amended cmp [37-1] (cc: all counsel) [Entry Date: 12/20/00] (ARK) (Entered: 12/20/2000) 12/20/ ORDER by Chief Judge Charles R. Simpson III granting motion for leave to file surreply [40-1] (cc: all counsel) [Entry Date: 12/20/00] (ARK) (Entered: 12/20/2000) 12/20/ SURREPLY by plaintiff Sara Foree, plaintiff Merle Brewer to response to motion to dismiss amd. cmp. (Resp due 3/31/00 #35) [31-1] (ARK) (Entered: 12/20/2000) 12/20/ ORDER by Chief Judge Charles R. Simpson III granting motion to extend time to 6/26/00 to file response [41-1] (cc: all counsel) [Entry Date: 12/20/00] (ARK) (Entered: 12/20/2000) 12/20/ ORDER by Chief Judge Charles R. Simpson III denying motion for status conf. [44-1] as moot. (cc: all counsel) [Entry Date: 12/20/00] (ARK) (Entered: 12/20/2000) 12/20/ MEMORANDUM, OPINION: by Chief Judge Charles R. Simpson III re [31-1], for the reasons stated in the opinion, the dfts. motion to dism. for failure to state a claim for which relief can be granted will be granted w/respect to Cnt IX of the amd. cmp. The dft. motion will be denied w/respect to cnts I, II, III, IV, V, as to the pla. have sufficiently alleged facts upon which a reasonable jury could find that the dft. violated Rule 10b-5, Rule 13e-3, and KRS 271B.8-300,.8-300; ans 292/320. Not having challenged by the dfts. motion to dism. cnts VI, VII, and VIII, the pla. amd. cmp. will also survive our ruling. A separate order will be entered this date. (cc: all counsel) [Entry Date: 12/20/00] (ARK) (Entered: 12/20/2000) 12/20/ ORDER by Chief Judge Charles R. Simpson III granting in part--w/respect to cnt IX of the pla. amd. cmp. and that cnt IX of the amd. cmp. is DISMISSED for failure to state a claim upon which relief can be granted purs. to Rule 12(b)(6)., denying in part [31-1] motion to dismiss amd. cmp. --w/respect to the reminder ofthe Pla. amd. cmp. (cc: all counsel) [Entry Date: 12/20/00] (ARK) (Entered:

8 12/20/2000) 12/20/2000 BEGIN VOLUME # 2 /pleading #45 (ARK) (Entered: 12/20/2000) 12/21/ ORDER by Chief Judge Charles R. Simpson III Case referred to Mag Judge C. C. Gambill, purs. to 28 USC 636(b)(1)(A), for resolution of all litigation issues, entry of scheduling orders, disposition of all non-dispositive matters, and conduct settlement conf., if needed and ; RULE 16 scheduling conf. set for 11:30 2/16/01 before Mag Judge C. C. Gambill (cc: all counsel) [Entry Date: 12/21/00] (ARK) (Entered: 12/21/2000) 01/08/ MOTION by plaintiff Sara Foree, plaintiff Merle Brewer for default judgment against LTG Inc, David Barhorst, Richard Dolin, Lee Sisney, Lincoln Intl Corp ; order tendered (ARK) (Entered: 01/10/2001) 01/08/ MOTION by defendant Lincoln Intl Corp to extend time to answer to 1/28/01 ; order tendered (ARK) (Entered: 01/10/2001) 01/24/ RESPONSE by defendant Lincoln Intl Corp to motion for default judgment against LTG Inc, David Barhorst, Richard Dolin, Lee Sisney, Lincoln Intl Corp [53-1] ; order tendered (ARK) (Entered: 01/25/2001) 01/26/2001 FILE SUBMITTED to CRS (NCS) (Entered: 01/26/2001) 01/26/ ANSWER by defendant LTG Inc, defendant David Barhorst, defendant Richard Dolin, defendant Lee Sisney, defendant Lincoln Intl Corp to [23-1] (ARK) (Entered: 01/29/2001) 01/30/2001 FILE RETURNED (ARK) (Entered: 01/30/2001) 01/30/ ORDER by Chief Judge Charles R. Simpson III granting motion to extend time to answer to 1/28/01 [54-1] (cc: all counsel) [Entry Date: 1/30/01] (ARK) (Entered: 01/30/2001) 02/08/ MOTION by plaintiff Merle Brewer to certify class action ; Memorandum in Support; order tendered (ARK) (Entered: 02/08/2001) 02/09/ CONFERENCE STATEMENT by plaintiff Merle Brewer (ARK) (Entered: 02/12/2001) 02/09/ CONFERENCE STATEMENT by defendant Lincoln Intl Corp (ARK) (Entered: 02/12/2001) 02/13/2001 FILE SUBMITTED to CCG for conf. (NCS) (Entered: 02/13/2001) 02/22/2001 FILE RETURNED (ARK) (Entered: 02/22/2001) 02/22/ MEMO OF RULE 16 CONF. & SCHEDULING ORDER Mag Judge C. C. Gambill ; amendments set for 4/27/01 before Chief Judge Charles R. Simpson III ; discovery set for 12/15/01 before Chief Judge Charles R. Simpson III ; disp mtn ddl set for 1/30/02 before Chief Judge Charles R. Simpson III ; telephone conf. set for 10:30 4/24/01 before Mag Judge C. C. Gambill ; scheduling conference held on 2/16/01 (cc: all counsel) [Entry Date: 2/22/01] (ARK) (Entered: 02/22/2001) 02/23/ DEPOSITION of Merle Brewer taken on the following date(s): 2/21/01 (ARK)

9 (Entered: 02/26/2001) 02/26/ DISCLOSURE STATEMENT by plaintiff Sara Foree, plaintiff Merle Brewer (ARK) (Entered: 02/27/2001) 03/01/ MOTION by defendant LTG Inc, defendant David Barhorst, defendant Richard Dolin, defendant Lee Sisney, defendant Lincoln Intl Corp to compel, & for sanctions ; order tendered (JSS) Modified on 03/05/2001 (Entered: 03/01/2001) 03/05/ DISCLOSURE STATEMENT by defendants (ARK) (Entered: 03/05/2001) 03/05/ SUPPLEMENTAL MOTION FOR SANCTION filed by defendant LTG Inc, defendant David Barhorst, defendant Richard Dolin, defendant Lee Sisney, defendant Lincoln Intl Corp re motion for sanctions [64-2] (ARK) (Entered: 03/05/2001) 03/09/ RESPONSE by plaintiff Sara Foree, plaintiff Merle Brewer to motion to compel [64-1], to motion for sanctions [64-2] ; order tendered (ARK) (Entered: 03/12/2001) 03/16/ AGREED STIPULATION and ORDER by Chief Judge Charles R. Simpson III :the Pla. Kennedy & Brewer shall be made available for their depo. on 3/19/01. (cc: all counsel) [Entry Date: 3/16/01] (ARK) (Entered: 03/16/2001) 03/26/ ORDER by Mag Judge C. C. Gambill, at the request of counsel the conf. set for 4/24/01 is MOVED to ; telephone conf. set for 10:30 5/2/01 before Mag Judge C. C. Gambill (cc: all counsel) [Entry Date: 3/26/01] (ARK) (Entered: 03/26/2001) 04/03/ MOTION by defendant to extend time to file resp. to motion for sanctions for an additional 30 days ; order tendered (ARK) (Entered: 04/04/2001) 04/20/ MOTION by defendants to stay case pending settlement conf. ; order tendered (ARK) (Entered: 04/23/2001) 04/27/ ORDER by Mag Judge C. C. Gambill ; settlement conf set for 9:30 5/31/01 before Mag Judge C. C. Gambill (cc: all counsel) [Entry Date: 4/27/01] (ARK) (Entered: 04/27/2001) 04/27/2001 FILE SUBMITTED to Mag. Judge Gambill per Linda (ARK) (Entered: 04/27/2001) 06/01/ ORDER by Mag Judge C. C. Gambill, the conf. set for 5/31/01 is REMANDED and RESCHEDULED to ; settlement conf set for 9:30 6/11/01 before Mag Judge C. C. Gambill (cc: all counsel) [Entry Date: 6/1/01] (ARK) (Entered: 06/01/2001) 06/12/2001 FILE RETURNED (ARK) (Entered: 06/12/2001) 06/13/ REPORT--ORDER by Mag Judge C. C. Gambill ; settlement conference held on 6/11/01, the parties have reached a proposed agreement to dispose of all claims. The proposed agreement may require the Ct. review & approval, which they will tender w/in 45 days. (cc: all counsel & Nadine) [Entry Date: 6/13/01] (ARK) (Entered: 06/13/2001) 06/18/ JOINT MOTION by intervenor defendant, intervenor plaintiff, defendant, intervenor, defendant, plaintiff for order to consent to the Mag. Judge for all further

10 proceedings ; order tendered (ARK) (Entered: 06/21/2001) 06/21/2001 FILE SUBMITTED to Judge Simpson (ARK) (Entered: 06/21/2001) 06/25/2001 FILE RETURNED (ARK) (Entered: 06/25/2001) 06/25/ ORDER by Chief Judge Charles R. Simpson III upon consent of parties, this case transferred to Mag Judge C. C. Gambill for final disposition (cc: all counsel) [Entry Date: 6/25/01] (ARK) (Entered: 06/25/2001) 07/30/ JOINT MEMORANDUM IN SUPPORT OF SUGGESTED TENTATIVE FAIRNESS OPINION pursuant to the settl agreement by the parties; attachment: preliminary fairness order (JSS) (Entered: 08/01/2001) 07/31/ SETTLEMENT AGREEMENT AND RELEASE by the parties (JSS) (Entered: 08/01/2001) 07/31/2001 REMARK: CLASS CERTIFICATION ORDER SUBMITTED TO CCG (JSS) (Entered: 08/01/2001) 08/01/2001 FILE SUBMITTED to C. Cleveland Gambill (JSS) (Entered: 08/01/2001) 09/12/2001 FILE RETURNED (JSS) (Entered: 09/12/2001) 09/12/ PRELIMINARY FAIRNESS ORDER by Mag Judge C. C. Gambill; it is the preliminary opinion of the Ct that the settlement agreement is fair (cc: all counsel) [Entry Date: 9/12/01] (JSS) (Entered: 09/12/2001) 09/12/ CLASS ACTION CERTITICATION ORDER by Mag Judge C. C. Gambill; action is certified as a non-opt out Rule 23(b)(2) Class Action consisting of two classes for whom injuctive relief will be available (cc: all counsel) [Entry Date: 9/12/01] (JSS) (Entered: 09/12/2001) 10/12/ ORDER by Mag Judge C. C. Gambill ; Fairness hearing set for 9:30 11/20/01 before Mag Judge C. C. Gambill; C/R needed (cc: all counsel) [Entry Date: 10/12/01] (JSS) (Entered: 10/12/2001) 10/16/2001 REMARK-Tendered Notice of Proposed Class Settlement and Fairness Hearing (MLG) (Entered: 10/23/2001) 10/23/2001 FILE SUBMITTED to CCG, USMJ (JSS) (Entered: 10/23/2001) 10/24/ NOTICE of Proposed Class Settlement and Fairness Hearing executed by CCG, USMJ and Clerk of Court (MLG) (Entered: 10/24/2001) 11/13/ RESPONSE to [82-1] by John M. Berry, Jr., stockholder of Lincoln International Corporation, non-party (SDB) (Entered: 11/14/2001) 11/27/ ORDER by Mag Judge C. C. Gambill ; in-court hearing held on 11/20/01; ct will take matter under consideration; in interim, parties shall jointly prepare proposed findings fo fact & conclusions of law that address issues raised during the fairness hrg; proposed findings shall be filed no later than 2 wks after the transcript of the hrg is filed by the C/R (cc: all counsel) [Entry Date: 11/27/01] (MLG) (Entered: 11/27/2001) 11/28/ TRANSCRIPT of fairness hearing on 11/20/2001 filed; With exhibits; C/R A.

11 Wernecke. (PAC) (Entered: 11/28/2001) 12/12/ MOTION by defendant to extend four weeks to file findings of fact ; order tendered (TLB) (Entered: 12/13/2001) 12/17/ ORDER by Mag Judge C. C. Gambill; granting motion to extend time four weeks to file findings of fact [86-1] (cc: all counsel) [Entry Date: 12/17/01] (SDB) (Entered: 12/17/2001) 01/11/ JOINT PROPOSED FINDINGS OF FACT and CONCLUSIONS OF LAW (SDB) (Entered: 02/05/2002) 01/16/ MODIFIED SETTLEMENT AGREEMENT AND RELEASE by intervenor defendant Lincoln Intl Corp, intervenor defendant Lee Sisney, intervenor defendant Richard Dolin, intervenor defendant David Barhorst, intervenor plaintiff Terry Kennedy, defendant LTG Inc, intervenor Terry Kennedy, defendant David Barhorst, defendant Richard Dolin, defendant Lee Sisney, defendant Lincoln Intl Corp, plaintiff Sara Foree, plaintiff Merle Brewer (SDB) Modified on 02/05/2002 (Entered: 01/17/2002) 02/15/2002 FILE RETURNED (SDB) (Entered: 02/15/2002) 02/15/ MEMORANDUM OPINION by Mag Judge C. C. Gambill; by separate order, proposed settlement is approved (cc: all counsel) [Entry Date: 2/15/02] (SDB) (Entered: 02/15/2002) 02/15/ FINAL ORDER by Mag Judge C. C. Gambill; separate memo opinion entered this date, approving parties' settlement agreement, as modified, this ct's aproval of the agreement, the agreement itself and the certification of the classes, are all made final judgments of this ct; ct reserves juris to enforce settlement agreement as modified; this is a final and appealable order as specified under FRCP 23 and 54; dismissing case (cc: all counsel) [Entry Date: 2/15/02] (SDB) (Entered: 02/15/2002) 06/13/ AGREED MOTION to dismiss case with prejudice ; Memorandum in Support; order tendered (TLB) (Entered: 06/14/2002) 06/17/2002 FILE SUBMITTED to Mag. Judge Gambill re:docket #92. (ARK) (Entered: 06/17/2002) 07/22/2002 FILE RETURNED (PAC) (Entered: 07/22/2002) 07/22/ AGREED ORDER by Mag Judge C. C. Gambill granting motion to dismiss case with prejudice [92-1] (cc: all counsel) [Entry Date: 7/22/02] (PAC) (Entered: 07/22/2002) 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

12