U.S. District Court United States District Court for the Western District of Washington (Seattle) CIVIL DOCKET FOR CASE #: 2:07-cv JCC

Transcription

1 US District Court Civil Docket as of 3/31/2009 Retrieved from the court on July 6, 2011 U.S. District Court United States District Court for the Western District of Washington (Seattle) CIVIL DOCKET FOR CASE #: 2:07-cv JCC Richards v. Zumiez Inc et al Date Filed: 12/10/2007 Assigned to: Judge John C Coughenour Date Terminated: 03/30/2009 Cause: 15:78m(a) Securities Exchange Act Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Jan Rubia Richards represented by Christoper P Seefer individually and on behalf of all ROBBINS GELLER RUDMAN & others similarly situated DOWD LLP (SF) POST MONTGOMERY CENTER ONE MONTGOMERY STREET, SUITE 1800 SAN FRANCISCO, CA cseefer@csgrr.com David A Rosenfeld ROBBINS GELLER RUDMAN & DOWD LLP (NY) 58 S SERVICE RD STE 200 MELVILLE, NY Drosenfeld@rgrdlaw.com PRO HAC VICE James E Fosler FOSLER LAW GROUP, INC TH AVE NE STE C-110

2 Plaintiff BELLEVUE, WA Mario Alba, Jr ROBBINS GELLER RUDMAN & DOWD LLP (NY) 58 S SERVICE RD STE 200 MELVILLE, NY MALBA@csgrr.com Samuel H Rudman ROBBINS GELLER RUDMAN & DOWD LLP (NY) 58 S SERVICE RD STE 200 MELVILLE, NY Srudman@csgrr.com Ana Miguel represented by Juli E. Farris individually and on behalf of all KELLER ROHRBACK others similarly situated RD AVE STE 3200 SEATTLE, WA Fax: jfarris@kellerrohrback.com Michael K Yarnoff KESSLER TOPAZ MELTZER & CHECK LLP (PA) 280 KING OF PRUSSIA RD RADNOR, PA myarnoff@sbtklaw.com

3 Plaintiff Michelle M Newcomer KESSLER TOPAZ MELTZER & CHECK LLP (PA) 280 KING OF PRUSSIA RD RADNOR, PA mnewcomer@btkmc.com Richard A Russo, Jr KESSLER TOPAZ MELTZER & CHECK LLP (PA) 280 KING OF PRUSSIA RD RADNOR, PA rrusso@btkmc.com James E Fosler IBEW LOCAL 98 and KENNETH represented by James E Fosler TEAMANN Sayed Ashar Ahmed ROBBINS GELLER RUDMAN & DOWD LLP (SF) POST MONTGOMERY CENTER ONE MONTGOMERY STREET, SUITE 1800 SAN FRANCISCO, CA aahmed@csgrr.com PRO HAC VICE Christoper P Seefer

4 V. Defendant Zumiez Inc represented by Christopher F Nelson WILSON SONSINI GOODRICH & ROSATI (WA) 701 FIFTH AVE STE 5100 SEATTLE, WA cnelson@wsgr.com David L Lansky WILSON SONSINI GOODRICH & ROSATI (PALO ALTO) 650 PAGE MILL RD PALO ALTO, CA dlansky@wsgr.com PRO HAC VICE Douglas W Greene K&L GATES LLP (SEATTLE) 925 FOURTH AVE STE 2900 SEATTLE, WA douglas.greene@klgates.com Tenaya M Scheinman WILSON SONSINI GOODRICH & ROSATI (WA) 701 FIFTH AVE STE 5100 SEATTLE, WA Fax:

5 Defendant TERMINATED: 09/22/2008 Barry M Kaplan WILSON SONSINI GOODRICH & ROSATI (WA) 701 FIFTH AVE STE 5100 SEATTLE, WA Fax: bkaplan@wsgr.com Philip M Guess K&L GATES LLP (SEATTLE) 925 FOURTH AVE STE 2900 SEATTLE, WA Fax: FAX philg@klgates.com TERMINATED: 03/11/2008 Thomas D Campion represented by David L Lansky PRO HAC VICE Barry M Kaplan Christopher F Nelson Douglas W Greene Philip M Guess TERMINATED: 03/11/2008

6 Defendant Richard M Brooks, Jr represented by David L Lansky PRO HAC VICE Defendant Barry M Kaplan Christopher F Nelson Douglas W Greene Philip M Guess TERMINATED: 03/11/2008 Trevor Lang represented by David L Lansky PRO HAC VICE Barry M Kaplan Christopher F Nelson Douglas W Greene Philip M Guess TERMINATED: 03/11/2008

7 Date Filed # Docket Text 12/10/ CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS - DEMAND FOR JURY TRIAL against all defendants (Summons(es) issued)(receipt # SEA14067), filed by Jan Rubia Richards. (Attachments: # 1 Plaintiff's Certificate # 2 Civil Cover Sheet # 3 Transmittal )(MKB) (Entered: 12/11/2007) 12/12/ Letter from Clerk to counsel re: Pro Hac Vice/ECF registration requirements. (mailed to S. Rudman, D. Rosenfeld and M. Alba of Coughlin Stoia Geller Rudman & Robbins; and R. Jacobs of Roy Jacobs & Associates). (DJ) (Entered: 12/12/2007) 12/20/ APPLICATION OF ATTORNEY Samual H. Rudman FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Jan Rubia Richards (Fee Paid) Receipt No (Attachments: # 1 ECF Application)(Fosler, James) (Entered: 12/20/2007) 12/20/ APPLICATION OF ATTORNEY David A. Rosenfeld FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Jan Rubia Richards (Fee Paid) Receipt No (Attachments: # 1 ECF Application)(Fosler, James) (Entered: 12/20/2007) 12/20/ APPLICATION OF ATTORNEY Mario Alba, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Jan Rubia Richards (Fee Paid) Receipt No (Attachments: # 1 ECF Application)(Fosler, James) (Entered: 12/20/2007) 12/21/ ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Samuel H Rudman as pro hac vice atty for Plaintiff Jan Rubia Richards, by Bruce Rifkin. (No document associated with this docket entry, text only.)(ts, ) (Entered: 12/21/2007) 12/21/ ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS David A Rosenfeld as pro hac vice atty for Plaintiff Jan Rubia Richards, by Bruce Rifkin. (No document associated with this docket entry, text only.)(ts, ) (Entered: 12/21/2007) 12/21/ ORDER re 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Mario Alba, Jr as pro hac vice atty for Plaintiff Jan Rubia Richards, by Bruce Rifkin. (No document associated with this docket entry, text only.)(ts, ) (Entered: 12/21/2007) 12/27/ SERVICE OF SUMMONS and Complaint returned executed upon defendant Thomas D Campion on 12/23/2007 (TS, ) (Entered: 12/28/2007) 01/02/ SERVICE OF SUMMONS and Complaint returned executed upon defendant Trevor Lang on 12/27/2007 (TS, ) Modified text on 1/3/2008 (TS, ). (Entered: 01/03/2008) 01/02/ SERVICE OF SUMMONS and Complaint returned executed upon

8 defendant Zumiez Inc on 12/21/2007 (TS, ) (Entered: 01/03/2008) 01/10/ NOTICE of Appearance by attorney Philip M Guess on behalf of Defendants Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr, Trevor Lang. (Guess, Philip) (Entered: 01/10/2008) 01/16/ APPLICATION OF ATTORNEY Christopher P. Seefer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Jan Rubia Richards (Fee Paid) Receipt No (Attachments: # 1 ECF Application)(Fosler, James) (Entered: 01/16/2008) 01/17/ ORDER re 13 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Christoper P Seefer as pro hac vice atty for Plaintiff Jan Rubia Richards, by Bruce Rifkin. (No document associated with this docket entry, text only.)(md, ) (Entered: 01/17/2008) 01/23/ MINUTE ENTRY setting status conference: The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non -jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 3/11/2008 at 09:00 AM before John C Coughenour. (JM, ) (Entered: 01/23/2008) 01/23/ ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM, ) (Entered: 01/23/2008) 01/23/ STIPULATION of Withdrawal and Substitution of Counsel and [Proposed] Order by parties. (Kaplan, Barry) (Entered: 01/23/2008) 01/28/ CERTIFICATE OF SERVICE by Plaintiff Jan Rubia Richards re 15 JCC- Set Status Conference,,,, 16 Discovery and Depositions Order CERTIFICATE OF SERVICE BY OF MINUTE ENTRY SETTING STATUS CONFERENCE AND ORDER REGARDING DISCOVERY AND DEPOSITIONS. (Attachments: # 1 Exhibit A)(Fosler, James) (Entered: 01/28/2008) 01/31/ STIPULATION AND PROPOSED ORDER Re Consolidation and

9 Scheduling by parties. (Kaplan, Barry) (Entered: 01/31/2008) 02/05/ STIPULATION AND ORDER RE Consolidatation and Scheduling, re 19 Stipulation, by Judge John C Coughenour. Case Numbers C JCC and C TSZ are hereby consolidated. (TS, ) (Entered: 02/06/2008) 02/06/ CORPORATE DISCLOSURE STATEMENT pursuant to FRCP 7.1. (Kaplan, Barry) (Entered: 02/06/2008) 02/11/ MOTION to Appoint Counsel and Lead Plaintiffs Oral Argument Requested.Noting Date 2/29/2008.(Fosler, James) (Entered: 02/11/2008) 02/11/ DECLARATION of James Fosler filed by Plaintiff IBEW LOCAL 98 and KENNETH TEAMANN re 22 MOTION to Appoint Counsel and Lead Plaintiffs (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 # 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Fosler, James) (Entered: 02/11/2008) 02/11/ PROPOSED ORDER (Unsigned) re 23 Declaration, APPOINTING LEAD PLAINTIFFS AND APPROVING SELECTION OF LEAD COUNSEL (Fosler, James) (Entered: 02/11/2008) 02/21/ APPLICATION OF ATTORNEY Michael K. Yarnoff FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ana Miguel (Fee Paid) Receipt No (Attachments: # 1 Attorney Registration Form)(Farris, Juli) (Entered: 02/21/2008) 02/21/ APPLICATION for Leave to Appear Pro Hac Vice by Plaintiff Ana Miguel (Fee Paid) Receipt No (Attachments: # 1 Attorney Registration form)(farris, Juli) Modified text on 2/22/2008 (TS, ). (Entered: 02/21/2008) 02/22/ ORDER re 25 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Michael K Yarnoff as pro hac vice atty for Plaintiff Ana Miguel, by Bruce Rifkin. (No document associated with this docket entry, text only.)(ts, ) (Entered: 02/22/2008) 02/22/ ORDER re 26 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Michelle M Newcomer as pro hac vice atty for Plaintiff Ana Miguel, by Bruce Rifkin. (No document associated with this docket entry, text only.)(ts, ) Modified text on 2/22/2008 (TS, ). (Entered: 02/22/2008) 02/25/ RESPONSE, by Defendants Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr, Trevor Lang, to 22 MOTION to Appoint Counsel and Lead Plaintiffs. (Kaplan, Barry) (Entered: 02/25/2008) 03/04/ ORDER by Judge John C Coughenour. The Motion to Appoint Counsel (Dkt. no. 22 ) is hereby GRANTED). (TS, ) (Entered: 03/04/2008) 03/11/ MINUTE ENTRY for proceedings held before Judge John C Coughenour - Dep Clerk: Jeffrey Young; Pla Counsel: Seefer, Newcomer, Fosler; Def Counsel: Kaplan, Nelson; CR: Roth; Status Conference held on 3/11/2008. Court directs counsel to be guided by Local Civil Rule 16 in completing

10 discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date.jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury.counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar.pretrial and trial schedule are set as follows: Jury Trial is set for 3/15/2010 at 09:30 AM before John C Coughenour. Pretrial Order due by 3/5/2010, Pleading amendment/3rd pty action due by 9/11/2009, 39.1 Mediation to be completed by 1/15/2010, Trial briefs to be submitted by 3/11/2010, Proposed voir dire/jury instructions due by 3/11/2010. (JY, ) (Entered: 03/11/2008) 03/11/ STIPULATION OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL AND ORDER, by Judge John C Coughenour. Attorney Douglas W Greene for Zumiez Inc, Christopher F Nelson for Zumiez Inc, Tenaya M Scheinman for Zumiez Inc added. Attorney Philip M Guess terminated.(ts, ) (Entered: 03/12/2008) 03/31/ APPLICATION OF ATTORNEY Richard A. Russo, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ana Miguel (Fee Paid) Receipt No (Attachments: # 1 Attorney Registration Form for ECF System)(Fosler, James) (Entered: 03/31/2008) 04/01/ ORDER re 33 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Richard A Russo, Jr as pro hac vice atty for Plaintiff Ana Miguel, by Bruce Rifkin. (No document associated with this docket entry, text only.)(cl, ) (Entered: 04/01/2008) 05/05/ AMENDED COMPLAINT CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against defendant(s) all defendants with JURY DEMAND, filed by IBEW LOCAL 98 and KENNETH TEAMANN.(Seefer, Christoper) (Entered: 05/05/2008) 06/18/ STIPULATION AND PROPOSED ORDER Re Schedule for Briefing Defendants' Motion to Dismiss the Consolidated Class Action Complaint by parties. (Kaplan, Barry) (Entered: 06/18/2008) 06/19/ MINUTE ORDER by Judge John C Coughenour. The Court has received the parties' stipulation regarding the schedule for briefing Defendants' motion to dismiss the consolidated class action complaint. (Dkt. No. 36.) The requested amendments to the briefing schedule are granted, however

11 the request for overlength briefing is denied(cl) (Entered: 06/19/2008) 06/24/ APPLICATION OF ATTORNEY S. Ashar Ahmed FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff IBEW LOCAL 98 and KENNETH TEAMANN (Fee Paid) Receipt No (Attachments: # 1 ECF Application)(Fosler, James) (Entered: 06/24/2008) 06/25/ APPLICATION OF ATTORNEY David L. Lansky FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr, Trevor Lang (Fee Paid) Receipt No (Attachments: # 1 ECF Registration Form)(Kaplan, Barry) (Entered: 06/25/2008) 06/26/ ORDER re 38 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Sayed Ashar Ahmed for IBEW LOCAL 98 and KENNETH TEAMANN, by Bruce Rifkin. (No document associated with this docket entry, text only.)(ts, ) (Entered: 06/26/2008) 06/26/ ORDER re 39 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS David L Lansky for Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr and Trevor Lang, by Bruce Rifkin. (No document associated with this docket entry, text only.)(ts, ) (Entered: 06/26/2008) 07/21/ MOTION to Dismiss Consolidated Amended Class Action Complaint by Defendants Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr, Trevor Lang. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/24/2008 (Kaplan, Barry) (Entered: 07/21/2008) 07/21/ REQUEST by Defendants Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr, Trevor Lang for Judicial Notice re 42 MOTION to Dismiss Consolidated Amended Class Action Complaint. (Kaplan, Barry) (Entered: 07/21/2008) 07/21/ DECLARATION of Douglas W. Greene filed by Defendants Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr, Trevor Lang re 42 MOTION to Dismiss Consolidated Amended Class Action Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhib it 29, # 30 Exhib it 30, # 31 Exhib it 31, # 32 Exhib it 32, # 33 Exhib it 33, # 34 Exhibit 34)(Greene, Douglas) (Entered: 07/21/2008) 09/19/ FILING ERROR; SEE 47 FOR CORRECTED FILING. RESPONSE, by Plaintiff IBEW LOCAL 98 and KENNETH TEAMANN, to 42 MOTION to Dismiss Consolidated Amended Class Action Complaint. Oral Argument Requested. (Seefer, Christoper) Modified on 9/22/2008 (HBR). (Entered: 09/19/2008)

12 09/19/ RESPONSE by Plaintiff IBEW LOCAL 98 and KENNETH TEAMANN re 43 Request PLAINTIFFS' RESPONSE TO DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT. (Seefer, Christoper) (Entered: 09/19/2008) 09/19/ RESPONSE, by Plaintiff IBEW LOCAL 98 and KENNETH TEAMANN, to 42 MOTION to Dismiss Consolidated Amended Class Action Complaint. Oral Argument Requested. (Seefer, Christoper) (Entered: 09/19/2008) 09/22/2008 NOTICE of Docket Text Modification re 45 Response to Motion: Filing error; document is Certificate of Service only and does not include Response. See 47 for corrected filing. (HBR) (Entered: 09/22/2008) 09/22/ NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Tenaya M Scheinman for Defendants Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr, Trevor Lang. (Scheinman, Tenaya) (Entered: 09/22/2008) 10/20/ REPLY, filed by Defendants Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr, Trevor Lang, TO RESPONSE to 42 MOTION to Dismiss Consolidated Amended Class Action Complaint (Kaplan, Barry) (Entered: 10/20/2008) 10/20/ REPLY by Defendants Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr, Trevor Lang to 43 Request for Judicial Notice. (Kaplan, Barry) (Entered: 10/20/2008) 10/21/2008 Attorney Douglas W Greene for Thomas D Campion, Richard M Brooks, Jr and Trevor Lang, Christopher F Nelson for Thomas D Campion, Richard M Brooks, Jr and Trevor Lang added per 49 Reply in Support of Motion to Dismiss. (KN) (Entered: 10/21/2008) 11/18/ NOTICE Notice of Firm Name Change ; filed by Plaintiff IBEW LOCAL 98 and KENNETH TEAMANN. (Russo, Richard) (Entered: 11/18/2008) 01/21/ NOTICE of Recent Authority re 42 MOTION to Dismiss Consolidated Amended Class Action Complaint ; filed by Defendants Zumiez Inc, Thomas D Campion, Richard M Brooks, Jr, Trevor Lang. (Attachments: # 1 Exhibit A)(Kaplan, Barry) (Entered: 01/21/2009) 03/30/ ORDER granting dft's 42 Motion to Dismiss; the Consolidated Amended Complaint is dismissed with prejudice, by Judge John C Coughenour.(VP) (Entered: 03/30/2009) 03/31/ JUDGMENT BY COURT; pursuant to the Court's Order Granting Defendant's Motion to Dismiss, doc 53, the case is dismissed with prejudice and without costs. (VP) (Entered: 03/31/2009)

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