U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:01-cv WBH

Transcription

1 US District Court Civil Docket as of 04/14/2004 Retrieved from the court on Tuesday, September 26, 2006 U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:01-cv WBH Switzenbaum, et al v. Internet Security, et al Assigned to: Judge Willis B. Hunt, Jr Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Robin Switzenbaum Date Filed: 09/28/2001 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: U.S. Government Plaintiff represented by Andrew L. Zivitz Schiffrin & Barroway 280 King of Prussia Road Radnor, PA Fax: Carole A. Broderick Berger & Montague 1622 Locust Street Philadelphia, PA David Andrew Bain Chitwood Harley Harnes, LLP 1230 Peachtree Street, N.E Promenade II Atlanta, GA Edward H. Nicholson, Jr. Chitwood & Harley 1230 Peachtree Street, N.E Promenade II Atlanta, GA 30309

2 Elizabeth W. Fox Berger & Montague 1622 Locust Street Philadelphia, PA Martin D. Chitwood Chitwood & Harley 1230 Peachtree Street, N.E Promenade II Atlanta, GA Meryl W. Edelstein Chitwood Harley Harnes, LLP 1230 Peachtree Street, N.E Promenade II Atlanta, GA Sherrie R. Savett Berger & Montague 1622 Locust Street Philadelphia, PA V. Consol Plaintiff Dagney Hein represented by Andrew L. Zivitz

3 David Andrew Bain Edward H. Nicholson, Jr. Jeffrey H. Konis Chitwood & Harley 1230 Peachtree Street, N.E Promenade II Atlanta, GA Krissi T. Gore Chitwood & Harley 1230 Peachtree Street, N.E Promenade II Atlanta, GA Martin D. Chitwood Meryl W. Edelstein Consol Plaintiff Flynn-Lampman Living Trust represented by Andrew L. Zivitz Corey Daniel Holzer Holzer & Holzer, LLC 1117 Perimeter Center West

4 Suite E-107 Atlanta, GA David Andrew Bain Edward H. Nicholson, Jr. Gilbert Senon Holzer Holzer Holzer & Cannon 1117 Perimeter Center West Suite E-107 Atlanta, GA Martin D. Chitwood Meryl W. Edelstein Consol Plaintiff William Hadley represented by Andrew L. Zivitz Corey Daniel Holzer David Andrew Bain

5 Edward H. Nicholson, Jr. Gilbert Senon Holzer Martin D. Chitwood Meryl W. Edelstein Consol Plaintiff Sean McGrath represented by Andrew L. Zivitz Corey Daniel Holzer David Andrew Bain Edward H. Nicholson, Jr. Gilbert Senon Holzer

6 Martin D. Chitwood Meryl W. Edelstein Consol Plaintiff Grover Kelley represented by Andrew L. Zivitz Brian M. Felgoise Office of Brian M. Felgoise 261 Old York Road Suite 423 Jenkintown, PA Corey Daniel Holzer David Andrew Bain Edward H. Nicholson, Jr. Evan J. Smith Brodsky & Smith, LLC Suite East City Avenue Bala Cynwyd, PA US

7 Martin D. Chitwood Meryl W. Edelstein Consol Plaintiff Ning Su Chan represented by Andrew L. Zivitz David Andrew Bain Edward H. Nicholson, Jr. Elizabeth A. Leland Keller Rohrback 1201 Third Avenue Suite 3200 Seattle, WA Juli Farris Desper Keller Rohrback 1201 Third Avenue Suite 3200 Seattle, WA Lynn Lincoln Sarko

8 Keller Rohrback 1201 Third Avenue Suite 3200 Seattle, WA Martin D. Chitwood Meryl W. Edelstein Consol Plaintiff Masood Amintinat represented by Andrew L. Zivitz Charles J. Piven Office of Charles J. Piven The World Trade Center 401 East Pratt Street Suite 2525 Baltimore, MD David Andrew Bain Edward H. Nicholson, Jr. Fred Taylor Isquith Wolf Haldenstein Adler Freeman & Herz 270 Madison Avenue New York, NY 10016

9 Direct Gustavo Bruckner Wolf Haldenstein Adler Freeman & Herz 270 Madison Avenue New York, NY Marshall Perkins Office of Charles J. Piven The World Trade Center 401 East Pratt Street Suite 2525 Baltimore, MD Martin D. Chitwood Meryl W. Edelstein Consol Plaintiff Seth Abrams represented by Andrew L. Zivitz Corey Daniel Holzer David Andrew Bain

10 Edward H. Nicholson, Jr. Howard K. Coates, Jr. Cauley Geller Bowman & Coates 2255 Glades Road Suite 421A Boca Raton, FL Jonathan M. Stein Cauley Geller Bowman & Coates 2255 Glades Road Suite 421A Boca Raton, FL Marc A. Topaz Schiffrin & Barroway 280 King of Prussia Road Radnor, PA Martin D. Chitwood Meryl W. Edelstein Randall K. Pulliam Cauley Geller Bowman & Coates Executive Center Drive Suite 200 Suite 200 Little Rock, AR

11 Steven E. Cauley Cauley Geller Bowman & Coates Executive Center Drive Suite 200 Suite 200 Little Rock, AR V. Defendant Internet Security Systems, Inc. represented by Dan Shamus McDevitt King & Spalding 191 Peachtree Street, N.E. Atlanta, GA Martin Robert Thornton King & Spalding, LLP 1180 Peachtree Street, NE Atlanta, GA Michael A. Sexton Gray Robinson, P.A. Suite North Franklin Street Tampa, FL Fax: TERMINATED: 07/15/2003 Defendant Richard Macchia represented by Dan Shamus McDevitt

12 Martin Robert Thornton Michael A. Sexton TERMINATED: 07/15/2003 Defendant Christopher Klaus represented by Dan Shamus McDevitt Martin Robert Thornton Michael A. Sexton TERMINATED: 07/15/2003 Defendant Thomas E. Noonan represented by Dan Shamus McDevitt Martin Robert Thornton Michael A. Sexton TERMINATED: 07/15/2003

13 Date Filed # Docket Text 09/28/ CLASS ACTION COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ RECEIPT # (syh) (Entered: 10/01/2001) 10/29/ Applications for admission of pro hac vice for plaintiffs. (to WBH) (kt) (Entered: 11/01/2001) 11/05/2001 ENDORSED ORDER by CRD APPROVING [2-1] pro hac vice applications of Carole Broderick, Sherrie R. Savett, and Elizabeth W. Fox. (cc) (kt) (Entered: 11/06/2001) 11/06/ Acknowledgment of service by defendants executed 10/29/01. (kt) (Entered: 11/08/2001) 11/27/ MOTION by proposed lead plaintiff Dagney Hein to appoint lead plaintiff and to approve lead pla's selection of counsel with memo of law in support and Declaration of Martin Chitwood, and proposed order. (kt) (Entered: 11/28/2001) 11/27/ MOTION by Flynn-Lampman Living Trust, William Hadley, and Sean McGrath to consolidate cases 1:01-cv-2601WBH & 1:01-cv-2674WBH, and to be appointed lead plas, and for approval of lead plas' selection of lead counsel and liaison counsel with memo of law in support, Affidavit of Stuart L. Berman, and proposed order. (kt) (Entered: 11/28/2001) 11/27/ CONSENT CONSOLIDATION AND SCHEDULING ORDER by Judge Willis B. Hunt Jr. GRANTING [5-1] motion to consolidate cases 1:01-cv-2601WBH, 1:01- cv-2674wbh, 1:01-cv-2728WBH, 1:01-cv-2862WBH & 1:01-cv-2916WBH; the Clerk is also DIRECTED to docket all pleadings in case 1:01-cv-2601-WBH, which is the MASTER DOCKET, Robin Switzenbaum v. Internet Security Systems, Inc.; plas shall serve a conso. amdcmp. within 45 days of the Court's appt. of lead pla & lead counsel. (See order for additional details) (cc) (kt) (Entered: 11/28/2001) 11/28/ Applications for admission of Elizabeth A. Leland, Juli E. Farris, and Lynn L. Sarko pro hac vice for Ning Su Chan. (to WBH) (kt) (Entered: 11/30/2001) 11/30/ Application for admission of Evan J. Smith pro hac vice for Grover Kelley. (kt) (Entered: 12/04/2001) 12/06/2001 ENDORSED ORDER by CRD APPROVING [8-1] pro hac vice application of Evan J. Smith. (cc) (kt) (Entered: 12/06/2001) 12/07/2001 ENDORSED ORDER by CRD APPROVING [7-1] pro hac vice applications of Elizabeth A. Leland, Juli E. Farris, and Lynn L. Sarko. (cc) (kt) Modified on 12/07/2001 (Entered: 12/07/2001) 12/14/2001 Proposed Consent Order extending time to respond to lead pla motions until 12/21/01 and all other scheduling provisions set forth in the Court's 11/27/01 order

14 shall remain unchanged. (to WBH) (kt) (Entered: 12/18/2001) 12/18/ CONSENT ORDER by Judge Willis B. Hunt Jr., extending time by which the parties may respond to the lead pla mtns until 12/21/01 all other scheduling provisions set forth in the Court's 11/27/01 order shall remain unchanged. (cc) (kt) (Entered: 12/18/2001) 12/21/ Response by defendants to [5-2] motion to be appointed lead plas, and for approval of lead plas' selection of lead counsel and liaison counsel, and [4-1] motion to appoint lead plaintiff and to approve lead pla's selection of counsel. (kt) (Entered: 01/04/2002) 12/21/ Plaintiff's Joint Stipulation [5-2] motion to be appointed lead plas, and for approval of lead plas' selection of lead counsel and counsel, [4-1] motion to appoint lead plaintiff and to approve lead pla's selection of counsel (to WBH) (kt) (Entered: 01/04/2002) 01/04/2002 SUBMITTED to Judge Willis B. Hunt Jr. on [5-2] motion to be appointed lead plas, and for approval of lead plas' selection of lead counsel and liaison counsel, and [4-1] motion to appoint lead plaintiff and to approve lead pla's selection of counsel. (kt) (Entered: 01/04/2002) 01/04/ ORDER by Judge Willis B. Hunt Jr. on 11/27/01 case no. 1:01-cv-2862 was consolidted with 1:01-cv-2601; the Court has been advised by the Office of the Clerk that atty Brian M. Felgoise has appeared in case 1:01-cv-2862, and has failed to comply with L.R.83.1 which required that he be admitted pro hac vice; this atty is ORDERED to comply with the requirements of L.R within 20 days of the date of this Order. (cc) (kt) (Entered: 01/07/2002) 01/11/ Reply memorandum in support of pla's [5-1] motion to consolidate cases 1:01-cv- 2601WBH & 1:01-cv-2674WBH and [5-2] motion to be appointed lead plas, and for approval of lead plas' selection of lead counsel and liaison counsel by consolidated plaintiffs Flynn-Lampman Living, William Hadley and Sean McGrath. (adg) (Entered: 01/14/2002) 04/25/ Response by consolidated plaintiff Dagney Hein to show cause order filed in 1:01- cv-3247-wbh (ldn) (Entered: 04/29/2002) 04/26/ ORDER by Judge Willis B. Hunt Jr., consolidating case 1:01-cv-3247-WBH as part of In re Internet Security Systems, Inc. Securities Litigation, Civil Action No. 1:01-cv-2601-WBH, DIRECTING clerk to administratively terminate Civil Action No. 1:01-cv-3247-WBH. Clerk is also DIRECTED to docket all pleadings in Civil Action No. 1:01-cv-2601-WBH. (cc) (ldn) (Entered: 04/29/2002) 07/01/ ORDER by Judge Willis B. Hunt Jr. GRANTING [5-1] motion to consolidate cases 1:01-cv-2601WBH & 1:01-cv-2674WBH, GRANTING [5-2] motion to be appointed lead plas, and for approval of lead plas' selection of lead counsel and liaison counsel, GRANTING [4-1] motion to appoint lead plaintiff and to approve lead pla's selection of counsel (cc) (ldn) (Entered: 07/16/2002) 07/01/2002 Terminated submissions. (ldn) (Entered: 07/16/2002) 07/24/ ORDER by Judge Willis B. Hunt Jr. GRANTING [4-1] motion to appoint lead plaintiff and to approve lead pla's selection of counsel, lead plaintiffs are Flynn-

15 Lampman Living Trust, William Hadley, Sean McGrath and Dagney Hein and lead co- counsel are Berger & Montague, P.C. and Chitwood & Harley (cc) (bsm) (Entered: 07/31/2002) 08/06/2002 Added attorneys for defendants: Martin Robert Thornton, Dan Shamus McDevitt, Michael A. Sexton. (ldn) (Entered: 08/06/2002) 09/06/2002 Proposed Consent order to extend time thru 10/9/02 for pla to file a consolidated amended complaint. (to WBH) (ldn) Modified on 09/11/2002 (Entered: 09/11/2002) 09/16/ CONSENT ORDER by Judge Willis B. Hunt Jr., plas shall serve consolidated amended complaint no later than 10/9/02, dfts shall answer the amd cmp no later than 11/27/02, plas have until 1/13/03 to respond to any motions, and dfts shall have until 2/3/02 to serve a reply brief. (cc) (ldn) (Entered: 09/17/2002) 10/09/ CONSOLIDATED CLASS ACTION COMPLAINT by plaintiffs; jury demand (ldn) (Entered: 10/10/2002) 10/21/ Notice of change of address by attorneys for the plaintiff. (ldn) (Entered: 10/25/2002) 11/27/2002 Proposed Consent order extending time thru 12/11/02 for dft's to serve their motion to dismiss and allowing excess page limitation for opening briefs. (to WBH) (ldn) (Entered: 12/02/2002) 12/02/ CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 12/11/02 for dfts to file their motion to dismiss, and to file excess pages limitation in their opening briefs (cc) (ldn) (Entered: 12/03/2002) 12/02/2002 Terminated submissions. (ldn) (Entered: 12/03/2002) 12/11/ MOTION by defendants to dismiss class action complaint with brief and appendix in support. (ldn) (Entered: 12/12/2002) 01/02/2003 SUBMITTED to Judge Willis B. Hunt Jr. on [22-1] motion to dismiss class action complaint (ldn) (Entered: 01/02/2003) 01/23/2003 Proposed Consent Order extending time thru 2/10/03 for plas to respond to motion to dismiss and thru 3/14/03 for dfts to file a reply brief. (to WBH) (ldn) (Entered: 01/24/2003) 01/24/ CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 2/10/03 for pla to respond to [22-1] motion to dismiss class action complaint and thru 3/14/03 for dfts to serve a reply brief in support of their motion (cc) (ldn) (Entered: 01/28/2003) 02/10/2003 Proposed Consent order extending time thru 2/14/03 for plas to respond to [22-1] motion to dismiss class action complaint and 3/21/03 for dfts to file a brief in support. (to WBH) (ldn) (Entered: 02/11/2003) 02/13/ CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 2/14/03 for plaintiffs to respond to [22-1] motion to dismiss class action complaint and thru 3/21/03 for dft to serve a reply brief (cc) (ldn) (Entered: 02/14/2003)

16 02/14/ Memorandum by plaintiff in opposition to [22-1] motion to dismiss class action complaint (ldn) (Entered: 02/14/2003) 02/26/ Application for admission of Andrew L. Zivitz, pro hac vice for plaintiff, consolidated plaintiffs. (to WBH) (ldn) (Entered: 02/27/2003) 03/13/ Notice of Change of firm name and address by attorney for consolidated plaintiff Flynn-Lampman Living, consolidated plaintiff William Hadley, consolidated plaintiff Sean McGrath, consolidated plaintiff Grover Kelley, consolidated plaintiff Seth Abrams. (ldn) (Entered: 03/18/2003) 03/21/2003 Proposed Consent Order extending time thru 3/26/03 for dfts to file their reply brief in support of [22-1] motion to dismiss class action complaint, and extending the page limits by 3 pages. (to WBH) (ldn) (Entered: 03/24/2003) 03/24/ CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 3/26/03 for dfts to file their reply brief to the [22-1] motion to dismiss class action complaint, and to file the brief in excess of the pages limitation (cc) (ck) (Entered: 03/25/2003) 03/26/ Reply brief in support of [22-1] motion to dismiss class action complaint by defendants. (ldn) (Entered: 03/27/2003) 05/07/ ORDER by Judge Willis B. Hunt Jr., ORDERING plaintiffs to file, no later than 5/16/03, a pleading not to exceed 15 pages (see order for details). The defendants must file response no later than 5/23/03, and it shall not exceed 15 pages. Plaintiff shall not file a reply unless directed to do so by the Court., [30-1] order to be submitted on 5/27/03 (cc) (ldn) (Entered: 05/08/2003) 05/16/ Response by plaintiff to [30-1] order plaintiffs to file, no later than 5/16/03, a pleading not to exceed 15 pages (see order for details). The defendants must file response no later than 5/23/03, and it shall not exceed 15 pages. Plaintiff shall not file a reply unless directed to do so by the Court. (cdg) (Entered: 05/20/2003) 05/19/ MOTION by plaintiff for leave to file corrected brief with prop corrected brief. (cdg) (Entered: 05/20/2003) 05/20/ ENDORSED ORDER by Judge Willis B. Hunt Jr., extending time thru 5/30/03 for dft to file a reply to pla's response (cc) (cdg) (Entered: 05/22/2003) 05/21/2003 SUBMITTED to Judge Willis B. Hunt Jr. on [30-1] order plaintiffs to file, no later than 5/16/03, a pleading not to exceed 15 pages (see order for details). The defendants must file response no later than 5/23/03, and it shall not exceed 15 pages. Plaintiff shall not file a reply unless directed to do so by the Court. (cdg) (Entered: 05/21/2003) 05/23/ MOTION by plaintiffs for leave to file a surreply memorandum in opposition to the [22-1] motion to dismiss with proposed surreply brief in support. (ck) (Entered: 05/27/2003) 05/29/ CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 6/13/03 for dft to reply to the [31-1] response to the [30-1] order (cc) (ck) (Entered: 05/30/2003) 06/06/ CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 6/13/03 for

17 defendants to respond to the [34-1] motion for leave to file a surreply memorandum in opposition to the [22-1] motion to dismiss, [34-1] motion for leave to file a surreply memorandum in opposition to the [22-1] motion to dismiss to be submitted on 6/19/03 (cc) (ck) (Entered: 06/09/2003) 06/11/2003 SUBMITTED to Judge Willis B. Hunt Jr. on [32-1] motion for leave to file corrected brief (FILE IN CHAMBERS) (ck) (Entered: 06/11/2003) 06/13/ Opposition by defendants to [34-1] motion for leave to file a surreply memorandum in opposition to the [22-1] motion to dismiss (bsm) (Entered: 06/16/2003) 06/13/ Response by defendants to [30-1] order (bsm) (Entered: 06/16/2003) 06/20/ Notice of filing supplemental authority by plaintiffs. (ck) (Entered: 06/23/2003) 06/23/2003 SUBMITTED to Judge Willis B. Hunt Jr. on [34-1] motion for leave to file a surreply memorandum in opposition to the [22-1] motion to dismiss (FILE IN CHAMBERS) (ck) (Entered: 06/23/2003) 07/15/ Notice of withdrawal of Michael A. Sexton as counsel for Internet Security, Richard Macchia, Christopher Klaus, Thomas E. Noonan. Attorneys M. Robert Thornton & Dan S. McDevitt will continue as lead counsel for the defendants. (ck) (Entered: 07/16/2003) 07/29/ Certification of Consent to Substitution of Counsel for Robin Switzenbaum, Dagney Hein, Flynn-Lampman Living, William Hadley, Sean McGrath, Grover Kelley, Ning Su Chan, Masood Amintinat, Seth Abrams. Meryl W. Edelstein replacing William Thomas Lacy, Jr. (ck) (Entered: 08/01/2003) 09/03/ ORDER by Judge Willis B. Hunt Jr. GRANTING [22-1] motion to dismiss class action complaint, GRANTING [32-1] motion for leave to file corrected brief, GRANTING [34-1] motion for leave to file a surreply memorandum in opposition to the [22-1] motion to dismiss (cc) (ck) (Entered: 09/04/2003) 09/03/ JUDGMENT ENTERED for defendants and against plaintiffs & consolidated plaintiffs for costs of this action. (cc) (ck) (Entered: 09/04/2003) 09/03/2003 Terminated submissions. (ck) (Entered: 09/04/2003) 09/03/2003 Case terminated. (ck) (Entered: 09/04/2003) 09/17/ MOTION by plaintiff to amend [43-1] judgment, and for reconsideration of [42-1] order with brief in support. (ck) (Entered: 09/19/2003) 09/17/ MOTION by plaintiff to amend th [19-1] amended consolidated class action complaint with brief in support. (ck) (Entered: 09/19/2003) 10/07/ CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 10/17/03 for dfts to respond to plas' [44-1] motion to amend [43-1] judgment and [44-2] motion for reconsideration of [42-1] order. (cc) (lme) (Entered: 10/07/2003) 10/17/ Response by defendants in opposition to [45-1] motion to amend th [19-1] amended consolidated class action complaint, [44-1] motion to amend [43-1] judgment, [44-2] motion for reconsideration of [42-1] order (jdb) (Entered: 10/20/2003)

18 10/21/2003 SUBMITTED to Judge Willis B. Hunt Jr. on [45-1] motion to amend the [19-1] amended consolidated class action complaint, [44-1] motion to amend [43-1] judgment, [44-2] motion for reconsideration of [42-1] order (jdb) (Entered: 10/21/2003) 11/04/ CONSENT ORDER by Judge Willis B. Hunt Jr., extending time thru 11/5/03 for plas to serve a reply brief in further support of plas' [44-1] motion to amend [43-1] judgment and [44-2] motion for reconsideration of [42-1] order. (cc) (lme) (Entered: 11/05/2003) 11/05/ Reply brief to [44-1] motion to amend [43-1] judgment by plaintiffs. (jdb) (Entered: 11/06/2003) 04/13/ ORDER by Judge Willis B. Hunt Jr. DENYING [44-1] motion to amend [43-1] judgment by Robin Switzenbaum, DENYING [44-2] motion for reconsideration of [42-1] order by Robin Switzenbaum, DENYING [45-1] motion to amend th [19-1] amended consolidated class action complaint by Robin Switzenbaum (cc) (jdb) (Entered: 04/14/2004) 04/14/2004 Terminated submissions. (jdb) (Entered: 04/14/2004) 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