U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 00-CV-812

Transcription

1 US District Court Civil Docket as of 02/05/2003 Retrieved from the court on Monday, August 01, 2005 U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 00-CV-812 In re On Point, et al v., et al Filed: 04/20/00 Assigned to: Judge Barry Ted Moskowitz Jury demand: Plaintiff Referred to: Magistrate Judge Louisa S. Porter Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:78m(a) Securities Exchange Act ISREAL NEKRITZ, on behalf of himself and all others similarly situated plaintiff Joseph A Hendrix Sutton and Murphy Acero Mission Viejo, CA (949) v. ON-POINT TECHNOLOGY SYSTEMS, Miles D Scully INC. (619) defendant Gordon and Rees 101 West Broadway Suite 1600 San Diego, CA (619) FREDERICK SANDVICK Kevin W Alexander defendant (619) Gordon and Rees 101 West Broadway Suite 1600 San Diego, CA (619) DELOITTE AND TOUCHE, LLP Donn P Pickett defendant (415) Bingham McCutchen Three Embarcadero Center

2 San Francisco, CA (415) ======================== PETER AHRENS, on behalf of Behram Viraf Parekh himself and all others (310) similarly situated plaintiff Weiss and Yourman Wilshire Boulevard 24th Floor Los Angeles, CA (310) v. JOHN H OHLBRICH Miles D Scully defendant (619) Gordon and Rees 101 West Broadway Suite 1600 San Diego, CA (619) RICHARD MAHAN defendant SAM W STEARMAN defendant ED M BACINI defendant Miles D Scully (See above) Miles D Scully (See above) Miles D Scully (See above) DOCKET PROCEEDINGS DATE # DOCKET ENTRY 4/20/00 1 Complaint Filed; (referred to Magistrate Judge Louisa S. Porter) Receipt No/Amt of Fee: #59420/$150; Jury Demand (atty maint) (bjr) [Entry date 04/24/00] 4/20/00 2 Summons issued (bjr) [Entry date 04/24/00] 5/22/00 3 Return of Service executed upon defendant Frederick

3 Sandvick on 4/27/00 (lmm) [Entry date 05/23/00] 5/22/00 4 Return of Service executed upon defendant On Point Technology on 4/28/00 (lmm) [Entry date 05/23/00] 5/22/00 5 Return of Service executed upon defendant Deloitte and Touche on 5/5/00 (lmm) [Entry date 05/23/00] 5/30/00 6 Stipulation and Order by Judge Barry T. Moskowitz: it is hereby stipulated by and between the parties that dft On Point Techology Systems Inc shall have an extension of 15 days to respond to the complaint (lmm) [Entry date 05/31/00] 6/15/00 7 Stipulation and Order by Judge Barry T. Moskowitz: that dft On Point Techonology Systems Inc shall have an additional extension of 30 days to respond to the complaint (lmm) [Entry date 06/15/00] 6/15/00 8 Stipulation and Order by Judge Barry T. Moskowitz: the dfts shall have a further extension of 18 days to respond to the complaint (lmm) [Entry date 06/15/00] 6/20/00 9 Notice of Motion and Motion by non-party On-Point Shareholder Groupfor appointment of lead pla and lead counsel, and to consolidate cases [ motion(s) referred to Judge Barry T. Moskowitz ], motion hrg set for 8/14/00 at 11:00 (tkl) [Entry date 06/21/00] 6/20/00 10 Memorandum of points and authorities by non-party On-Point Shareholder Group in support of motion for appointment of lead pla and lead counsel [9-1], in support of motion to consolidate cases [9-2] (tkl) [Entry date 06/21/00] [Edit date 06/21/00] 6/20/00 11 Declaration of Kevin J. Yourman re motion for appointment of lead pla and lead counsel [9-1], re motion to consolidate cases [9-2] (tkl) [Entry date 06/21/00] [Edit date 06/21/00] 6/26/00 12 Ex Parte Application by defendant Frederick Sandvick, defendant On Point Technology for consideration and preliminary approval of stipulation of settlement; declaration of Kevin W Alexander; stipulation of settlement, t/w exh (lmm) [Entry date 06/27/00] 6/27/00 13 Return of Service executed upon defendant Deloitte and

4 Touche on 6/19/00 (lmm) [Entry date 06/28/00] 6/27/00 14 Notice by defendant Frederick Sandvick, defendant On Point Technology of related case(s) 00cv0843JM(AJB), 00cv1045JM(RBB); low number order not prepared; this is the low number case (lmm) [Entry date 06/29/00] 6/28/00 15 Minutes: Enter Order by Judge Barry T. Moskowitz Status re class settlement held; continued to 4:00 7/13/00 for preliminary certification of class and approval of class settlement notice Court Reporter: L Pence (lmm) [Entry date 06/29/00] 7/27/00 16 Minutes: Enter Order by Judge Barry T. Moskowitz hearing dft's motion for appointment of lead pla and lead counsel [9-1] pursuant to 21D of the Securities Exchange Act of 1934 and for consolidation of all related actions [9-2] at 11:00 8/14/00 Court Reporter: L Pence (lmm) [Entry date 08/02/00] 8/14/00 17 Minutes: Enter Order by Judge Barry T. Moskowitz; motion for appointment of lead pla and lead counsel [9-1], motion to consolidate cases [9-2] and preliminary certification of class & approval of class settlement & notice are submitted on the papers, ct to issue order. Court Reporter: E. Oemick (cag) [Entry date 08/16/00] 9/14/00 18 Order by Judge Barry T. Moskowitz granting motion for appointment of lead pla and lead counsel [9-1]; plaintiffs' motion to appoint the On Point Shareholder Group as lead plaintiffs in this class action and approve Weiss and Yourman as counsel for lead plaintiffs is granted; granting motion to consolidate cases [9-2] case consolidated 3:00-cv-812 with member cases 3:00-cv-843, 3:00-cv-1045; all docketing shall be done in the lead case, number 00cv812, which shall be captioned In re On Point Technology Systems Inc Securities Litigation Case consolidated New Parties plaintiff Peter Ahrens, defendant John H Ohlbrich, Richard Mahan, Sam W Stearman, Ed M Bacini; the On Point Shareholder Group shall file a consolidated amended complaint on or before 10/30/00; dfts shall file a responsive pleading on or before 12/18/00 (lmm) [Entry date 09/15/00] 9/22/00 19 Minutes: Enter Order by Magistrate Judge Louisa S. Porter due to the consolidation of cases 00cv812BTM(POR), 00cv843BTM(POR), and 00cv1045BTM(POR) and the congestion of this court's calendar, the Early Neutral Evaluation for these cases shall be held outside the 45 day period set forth in Civil LR 16.1(c) (lmm) [Entry date 09/25/00] 9/25/00 20 Notice and Order by Magistrate Judge Louisa S. Porter an E.N.E. Conference will be held 9:00 11/17/00 (lmm)

5 [Entry date 09/25/00] [Edit date 09/25/00] 10/27/00 21 First Amended class action complaint [1-1]; jury trial demanded (lmm) [Entry date 10/30/00] 11/9/00 22 Order by Magistrate Judge Louisa S. Porter the E.N.E. Conference scheduled for 11/17/00 is vacated; counsel shall submit a stipulation for dismissal to the district court on or before 1/19/01; a courtesy copy shall be submitted to Magistrate Judge Louisa S Porter on or before 1/19/01; if a stipulation for dismissal is not submitted by 1/19/01 a Settlement Dispo Conf shall be held 9:00 1/22/01 (lmm) [Entry date 11/09/00] 1/3/01 23 Stipulation and Order by Judge Barry T. Moskowitz: that the time to respond to the complaint is extended an additional 60 days (lmm) [Entry date 01/04/01] 1/22/01 24 Minutes: Enter Order by Magistrate Judge Louisa S. Porter James E Tullman Esq counsel for plaintiffs, Kevin Alexander Esq counsel for dft On Point Technology Systems Inc and Karen Kennard Esq counsel for dft Deloitte and Touche, contacted the court and requested a continuance of the settlement disposition conference set for 1/22/01; they indicated that more time is needed to finalize the settlement agreement; accordingly, counsel shall submit a stipulation for dismissal to the district judge on or before 2/6/01; a courtesy copy shall be submitted to Magistrate Judge Louisa S Porter on or before 2/6/01; if a stipulation for dismissal is not submitted by 2/6/01, a Settlement Disposition Conf shall be held at 9:00 on 2/7/01 with attorneys only before Magistrate Judge Louisa S Porter (lmm) [Entry date 01/23/01] 2/8/01 25 Order by Magistrate Judge Louisa S. Porter counsel shall submit stipulations for dismissal to the district judge on or before 2/16/01; courtesy copies shall be submitted to Magistrate Judge Louisa S Porter on or before 2/16/01; if the stipulations for dismissal are not submitted by 2/16/01, a Settlement Disposition Conf shall be held 9:00 2/20/01 with attorneys only (lmm) [Entry date 02/08/01] 2/20/01 26 Minutes: Enter Order by Magistrate Judge Louisa S. Porter the court is in receipt of the stipulation of settlement; accordingly the settlement disposition conf scheduled for 9:00 2/20/01 is vacated (lmm) [Entry date 02/21/01] 4/19/01 27 Minutes: Enter Order by Judge Barry T. Moskowitz status hearing set for 2:30 9/6/01 Court Reporter: L Pence (lmm) [Entry date 04/23/01] 4/23/01 28 DISCREPANCY ORDER by Judge Barry T. Moskowitz accepting

6 document: consolidated exhibits f g and h to stipulations of settlement from defendant Deloitte and Touche in 3:00-cv-00812, non-compliance, no stipulation in file re settlement, document is to be filed nunc pro tunc to the date received (lmm) [Entry date 04/24/01] 4/23/01 29 Consolidated exhibits f g and h to stipulations of settlement filed by defendant Deloitte and Touche in 3:00-cv NUNC PRO TUNC 4/18/01 (lmm) [Entry date 04/24/01] 4/23/01 30 Order by Judge Barry T. Moskowitz preliminarily approving settlement and directing notice of pendency and settlement of class action and setting hearing date for final approval of settlement; a hearing shall be held before the Honorable Barry T Moskowitz at 2:30 pm on 9/6/01 (lmm) [Entry date 04/24/01] 4/30/01 31 Stipulation of settlement (lmm) [Entry date 05/01/01] 4/30/01 32 Amended stipulation of settlement (lmm) [Entry date 05/01/01] 4/30/01 33 Consolidated exhibits a through e filed by defendant Deloitte and Touche in 3:00-cv-00812, to stipulations of settlement and proposed order preliminarily approving settlement and directing notice of pendency and settlement of class action and setting hearing date for final approval settlement (lmm) [Entry date 05/01/01] 8/30/01 34 Minutes: Enter Order by Judge Barry T. Moskowitz status conf re: attorneys fees continued to 4:00 10/18/01 before Judge Barry T. Moskowitz (ksr) [Entry date 08/30/01] 8/30/01 35 Memorandum in support of Application by plaintiff Isreal Nekritz in 3:00-cv-00812, plaintiff Peter Ahrens in 3:00-cv for attys' fees and reimbursement of expensed (bar) [Entry date 08/30/01] 8/30/01 36 Memorandum by plaintiff Isreal Nekritz in 3:00-cv-00812, plaintiff Peter Ahrens in 3:00-cv in support of final approval of settlement (jrl) [Entry date 08/31/01] 8/30/01 37 Declaration by Behram V. Parekh for plaintiff Isreal Nekritz in 3:00-cv-00812, plaintiff Peter Ahrens in 3:00-cv in support of final approval of settlement and application for award of attorneys fees and reimbursement of expenses (jrl) [Entry date 08/31/01]

7 8/30/01 38 Declaration by Michael Rosenbaum for defendant Deloitte and Touche in 3:00-cv re mailing of ntc of pendency and proposed settlement of class action and settlement hrg and proof of claim and release; publication of summary ntc; all out of pocket costs incurred to date; and exclusion requests (jrl) [Entry date 08/31/01] 8/30/01 39 Notice by plaintiff Isreal Nekritz in 3:00-cv-00812, plaintiff Peter Ahrens in 3:00-cv of filing compendium of unreported cases and declarations in support of an award of attorneys fees and reimbursement of expenses - Volume 1 (jrl) [Entry date 08/31/01] 8/30/01 40 Notice by plaintiff Isreal Nekritz in 3:00-cv-00812, plaintiff Peter Ahrens in 3:00-cv of filing compendium of unreported cases and declarations in support of an award of attorneys' fees and reimbursement of expenses - Volume 2 (jrl) [Entry date 08/31/01] 9/6/01 41 Minutes: Enter Order by Judge Barry T. Moskowitz granting application for atty fees and reimbursemet of expenses [35-1]; pla to prepare and submit order; Court Reporter: E. Cesena (andy) [Entry date 09/10/01] 10/1/01 42 Order by Judge Barry T. Moskowitz approving costs in part and denying costs in part; the court denies $8, to Weiss and Yourman and the total costs to them are $17,087.31; the total costs to Stull, Stull and Brody are $2,652.26; Beatrica and Osborn shall be awarded $2,770.49; Lew W. Desmond is awarded $ in costs; Cauley Geller Bowman and Coates is awarded $2, in costs; Curtis Trinko are approved and awarded $482.55; Sutton and Murphy are approved and awarded $ and the total costs approved and awarded are $26, (andy) [Entry date 10/02/01] 10/1/01 43 Final Judgment and Order of dismissal by Judge Barry T. Moskowitz; terminating case (andy) [Entry date 10/03/01] 10/1/01 44 Order for fees and expenses by Judge Barry T. Moskowitz; the court awards pla counsel atty fees of 30% of the settlement fund($385,000 cash and 316,666 shares of On-Point stock) and reimbursement of litigation expenses in the amount of $26,654.55; the fees and expenses shall be allocated amoung pla counsel by pla lead counsel; the awarded atty fees and expenses and interest earned thereon shall be paid to pla lead counsel within 3 business days after the date this order is signed subject to the terms, conditions and obligations of the stipulations which terms, conditions and obligations are incorporated herein (andy) [Entry date 10/03/01] [Edit date 10/04/01]

8 10/30/01 45 Final Judgment and order of dismissal: by Judge Barry T. Moskowitz as to Ahrens v. On-Point Technology (OK to file per Ct.) (bjr) [Entry date 11/01/01] [Edit date 11/06/01] 11/6/01 46 Final Judgment and order of dismissal as to Fernhoff v. On-Point Technology: by Judge Barry T. Moskowitz (OK to file per Ct) (bjr) [Entry date 11/06/01] 12/3/02 47 Unopposed notice of ex parte Application and application for an order authorizing disbursement of net settlement fund by plaintiff Isreal Nekritz, plaintiff Peter Ahrens (axr) [Entry date 12/04/02] 12/3/02 48 Proof of service by plaintiff Isreal Nekritz, plaintiff Peter Ahrens of: unopposed notice of ex parte application and application and other accompanyng documents (axr) [Entry date 12/04/02] 12/3/02 49 Declaration of Vahn Alexander by plaintiff Isreal Nekritz, plaintiff Peter Ahrens re application [47-1] (axr) [Entry date 12/04/02] 12/3/02 50 Declaration of Michael Rosenbaum by plaintiff Isreal Nekritz, plaintiff Peter Ahrens re application [47-1] (axr) [Entry date 12/04/02] 1/8/03 51 Minutes: Enter Order by Judge Barry T. Moskowitz; status re disbursement of settlement funds held; break down of fees to be sent to court; Court Reporter: L. Pence (axr) [Entry date 01/09/03] 1/23/03 52 DISCREPANCY ORDER by Judge Barry T. Moskowitz accepting document: supplemental declaration from plaintiff Peter Ahrens, non-compliance with local rule 15.1, document is to be filed nunc pro tunc to the date received (axr) [Entry date 01/24/03] 1/23/03 53 Supplemental Declaration of Michael Rosenbaum in support of claims administrator's request for reimbursement of fees and expenses by plaintiff Peter Ahrens (NUNC PRO TUNC 1/22/03) (axr) [Entry date 01/24/03] [Edit date 01/24/03] 2/5/03 54 Order by Judge Barry T. Moskowitz; this order incorporates by reference the definitions in the stipulation of settlement; the court approves of the acceptance of the 66 later claims referenced in paragraph 9(a) of the declaration of Michael Rosenbaum; the court approves pmt to the claims administrator Berdon LLP in the amt of $82, to be paid from the settlement fund; the balance

9 of the net settlement fund, shall be distributed to pla's counsel; this order finaly and forever bars any person from asserting any rejected of subsequently filed claims (axr) [Entry date 02/05/03] 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