U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:96-cv RCE

Transcription

1 US District Court Civil Docket as of 12/22/1997 Retrieved from the court on Tuesday, March 28, 2006 U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:96-cv RCE RASHEEDI v. CREE RESEARCH, INC., et al Assigned to: SENIOR JUDGE RICHARD C. ERWIN Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 10/25/1996 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff ARIF H. RASHEEDI on behalf of himself and all others similarly situated represented by DEBORAH CLARK-WEINTRAUB MILBERG WEISS BERSHAD & SCHULMAN, LLP ONE PENNSYLVANIA PLAZA 49TH FLOOR NEW YORK, NY KIM E. MILLER MILBERG WEISS BERSHAD & SCHULMAN, LLP ONE PENNSYLVANIA PLAZA 49TH FLOOR NEW YORK, NY LESLIE BRUCE MCDANIEL MCDANIEL & ANDERSON, L.L.P. POB RALEIGH, NC Fax: MATTHEW M. HOUSTON WECHSLER HARWOOD LLP 488 MADISON AVE., 8TH FL. NEW YORK, NY 10022

2 V. CREE RESEARCH, INC. WILSON SONSINI GOODRICH & ROSATI 650 PAGE MILL RD. PALO ALTO, CA KILPATRICK STOCKTON, L.L.P W. FOURTH ST. WINSTON-SALEM, NC Fax: WILSON SONSINI GOODRICH & ROSATI 650 PAGE MILL RD. PALO ALTO, CA CALVIN H. CARTER, JR.

3 JAMES E. DYKES MICHAEL W. HALEY F. NEAL HUNTER

4 ALAN J. ROBERTSON Date Filed # Docket Text 10/25/ CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS AND STATE LAW with enclosed Certification in Support Filing Fee $ 120 Receipt # 48235; jury demand (K. Mckenzie) (Entered: 10/29/1996) 10/25/ SUMMONS issued for CREE RESEARCH, INC., CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, F. NEAL HUNTER, ALAN J. ROBERTSON (K. Mckenzie) (Entered: 10/29/1996) 10/25/1996 Notice of Right to Consent 28 USC 636 (c) (2) (K. Mckenzie) (Entered: 10/29/1996) 10/25/1996 CASE SELECTED FOR MEDIATION (K. Mckenzie) (Entered: 10/29/1996) 12/20/ WAIVER OF SERVICE OF SUMMONS Returned Executed as to CREE RESEARCH, INC., CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, F. NEAL HUNTER, ALAN J. ROBERTSON 11/14/96 Answer due on 1/13/97 for ALAN J. ROBERTSON, for F. NEAL HUNTER, for MICHAEL W. HALEY, for JAMES E. DYKES, for CALVIN H. CARTER JR., for CREE RESEARCH, INC. (W. Williamson) (Entered: 12/20/1996) 12/27/ MOTION by ARIF H. RASHEEDI to Consolidate with Case # 1:96CV1069, and for appointment as lead plaintiffs, and for approval of selection of co-lead counsel. (W. Williamson) (Entered: 12/30/1996) 12/27/ MEMORANDUM OF LAW by ARIF H. RASHEEDI in support of [4-1] motion to

5 Consolidate with Case # 1:96CV1069 by ARIF H. RASHEEDI, [4-2] motion appointment as lead plaintiffs by ARIF H. RASHEEDI, [4-3] motion for approval of selection of co-lead counsel by ARIF H. RASHEEDI (W. Williamson) (Entered: 12/30/1996) 12/27/ AFFIDAVIT of Samuel H. Rudman by ARIF H. RASHEEDI Re: [4-1] motion to Consolidate with Case # 1:96CV1069 by ARIF H. RASHEEDI, [4-2] motion appointment as lead plaintiffs by ARIF H. RASHEEDI, [4-3] motion for approval of selection of co-lead counsel by ARIF H. RASHEEDI (W. Williamson) (Entered: 12/30/1996) 01/10/ MOTION by CREE RESEARCH, INC., CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, F. NEAL HUNTER, ALAN J. ROBERTSON to Extend Time 20 days to answer or otherwise responsively plead to pltfs' complaint w/consent. (W. Williamson) (Entered: 01/10/1997) 01/13/ ORDER granting [7-1] motion to Extend Time 20 days to answer or otherwise responsively plead to pltfs' complaint, setting Answer deadline to 1/29/97 for ALAN J. ROBERTSON, for F. NEAL HUNTER, for MICHAEL W. HALEY, for JAMES E. DYKES, for CALVIN H. CARTER JR., for CREE RESEARCH, INC. (Clerk) Ccs. dist. (W. Williamson) (Entered: 01/13/1997) 01/23/ JOINT MOTION by ARIF H. RASHEEDI, CREE RESEARCH, INC., CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, F. NEAL HUNTER, ALAN J. ROBERTSON to establish schedule for filing pltfs' consolidated amended complaint and dfts' Motion to Dismiss. (W. Williamson) (Entered: 01/24/1997) 01/27/1997 CASE REFERRED to Judge Erwin with proposed orders re Pldgs 4 and 9. (fe) (Entered: 01/27/1997) 01/31/ ORDER granting [9-1] joint motion to establish schedule for filing pltfs' consolidated amended complaint and dfts' Motion to Dismiss. Plaintiffs file Consolidated Amended Complaint not later than 3/17/97, defendants file Motion to Dismiss not later than 5/2/97, plaintiffs file opposition to Motion to Dismiss not later than 5/2/97, plaintiffs to file their opposition not later than 6/16/97 and defendants to file their Reply in support not later than 7/16/97 setting Amended Pleadings deadline to 3/17/97, Dispositive motions due 5/2/97 ( signed by Senior Judge Richard C. Erwin ) Original, copy filed in 1:96CV1069. Ccs. dist. (W. Williamson) (Entered: 01/31/1997) 02/06/ JOINT STIPULATION AND ORDER granting [4-1] motion to Consolidate with Case # 1:96CV1069, case number 1:96CV890 is the master docket w/ a few exceptions as set out, granting [4-2] motion as lead plaintiffs, granting [4-3] motion for approval of selection of co-lead counsel ( signed by Senior Judge Richard C. Erwin ) Ccs. dist. (W. Williamson) Modified on 02/06/1997 (Entered: 02/06/1997) 02/06/1997 Consolidated Lead Case (W. Williamson) (Entered: 02/06/1997) 03/17/ AMENDED COMPLAINT by ARIF H. RASHEEDI amending [1-1] complaint; jury demand (copy filed in 1:96CV1069). (W. Williamson) (Entered: 03/18/1997) 05/02/ MOTION by CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W.

6 HALEY, ALAN J. ROBERTSON to Dismiss the consolidated amended complaint, purs. to Rule 9(b) and 12(b)(6). (W. Williamson) (Entered: 05/06/1997) 05/02/ MEMORANDUM/BRIEF by CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, ALAN J. ROBERTSON in support of [13-1] motion to Dismiss the consolidated amended complaint, purs. to Rule 9(b) and 12(b)(6) by ALAN J. ROBERTSON, MICHAEL W. HALEY, JAMES E. DYKES, CALVIN H. CARTER JR. (W. Williamson) (Entered: 05/06/1997) 05/02/ MOTION by CREE RESEARCH, INC., F. NEAL HUNTER to Dismiss the consolidated amended complaint. (W. Williamson) (Entered: 05/06/1997) 05/02/ APPENDIX OF UNPUBLISHED AUTHORITIES by CREE RESEARCH, INC., CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, F. NEAL HUNTER, ALAN J. ROBERTSON in support of [13-1] motion to Dismiss the consolidated amended complaint, purs. to Rule 9(b) and 12(b)(6) by ALAN J. ROBERTSON, MICHAEL W. HALEY, JAMES E. DYKES, CALVIN H. CARTER JR., [15-1] motion to Dismiss the consolidated amended complaint by F. NEAL HUNTER, CREE RESEARCH, INC. (located in expandable file). (W. Williamson) (Entered: 05/06/1997) 05/02/ DECLARATION of Robert A. Murray by CREE RESEARCH, INC., CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, F. NEAL HUNTER, ALAN J. ROBERTSON Re: [13-1] motion to Dismiss the consolidated amended complaint, purs. to Rule 9(b) and 12(b)(6) by ALAN J. ROBERTSON, MICHAEL W. HALEY, JAMES E. DYKES, CALVIN H. CARTER JR., [15-1] motion to Dismiss the consolidated amended complaint by F. NEAL HUNTER, CREE RESEARCH, INC. (LOCATED IN AN EXPANDABLE FILE). (W. Williamson) (Entered: 05/06/1997) 05/02/ REQUEST FOR JUDICIAL NOTICE IN CONNECTION WITH DEFENDANTS' MOTIONS TO DISMISS by CREE RESEARCH, INC., CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, F. NEAL HUNTER, ALAN J. ROBERTSON (W. Williamson) (Entered: 05/06/1997) 05/02/ Joint Motion to Exceed Page Limitation of Brief by ARIF H. RASHEEDI, CREE RESEARCH, INC. RE: [15-1] motion to Dismiss the consolidated amended complaint by F. NEAL HUNTER, CREE RESEARCH, INC. (W. Williamson) (Entered: 05/06/1997) 05/29/ ORDER granting [19-1] motion to Exceed Page Limitation of Brief ( signed by Senior Judge Richard C. Erwin ). Ccs. dist. Copy filed in 1:96CV1069. (W. Williamson) Modified on 05/30/1997 (Entered: 05/30/1997) 05/29/ MEMORANDUM/BRIEF by CREE RESEARCH, INC., F. NEAL HUNTER in support of [15-1] motion to Dismiss the consolidated amended complaint by F. NEAL HUNTER, CREE RESEARCH, INC. (W. Williamson) (Entered: 05/30/1997) 06/16/ Motion to Exceed Page Limitation of Brief in opposition by ARIF H. RASHEEDI RE: [15-1] motion to Dismiss the consolidated amended complaint by F. NEAL HUNTER, CREE RESEARCH, INC., [13-1] motion to Dismiss the consolidated amended purs. to Rule 9(b) and 12(b)(6) by ALAN J. ROBERTSON, MICHAEL

7 W. HALEY, JAMES E. DYKES, CALVIN H. CARTER JR. (W. Williamson) (Entered: 06/17/1997) 06/24/ ORDER denying [22-1] motion to Exceed Page Limitation of Brief in opposition. Consistent with this Ct's Order of 5/29/97, pltf's opposition papers have been limited to thirty pages (copy filed in 1:96CV1069) ( signed by Senior Judge Richard C. Erwin ). Ccs. dist. Ccs. dist. (W. Williamson) Modified on 06/24/1997 (Entered: 06/24/1997) 07/01/ RESPONSE/MEMORANDUM OF LAW IN OPPOSITION by ARIF H. RASHEEDI to [13-1] motion to Dismiss the consolidated amended complaint, purs. to Rule 9(b) and 12(b)(6) by ALAN J. ROBERTSON, MICHAEL W. HALEY, JAMES E. DYKES, CALVIN H. CARTER JR. (W. Williamson) (Entered: 07/03/1997) 07/01/ RESPONSE/AMENDED MEMORANDUM OF LAW IN OPPOSITION by ARIF H. RASHEEDI to [15-1] motion to Dismiss the consolidated amended complaint by F. NEAL HUNTER, CREE RESEARCH, INC. (W. Williamson) (Entered: 07/03/1997) 07/16/ REPLY BRIEF by CREE RESEARCH, INC., F. NEAL HUNTER to response to [15-1] motion to Dismiss the consolidated amended complaint by F. NEAL HUNTER, CREE RESEARCH, INC. (W. Williamson) (Entered: 07/17/1997) 07/16/ REPLY BRIEF by CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, ALAN J. ROBERTSON to response to [13-1] motion to Dismiss the consolidated amended complaint, purs. to Rule 9(b) and 12(b)(6) by ALAN J. ROBERTSON, MICHAEL W. HALEY, JAMES E. DYKES, CALVIN H. CARTER JR. (W. Williamson) (Entered: 07/17/1997) 07/16/ SUPPLEMENTAL APPENDIX OF UNPUBLISHED AUTHORITIES by defendant CREE RESEARCH, INC., defendant F. NEAL HUNTER in support of Motion to Dismiss the Consolidated Amended Complaint. (W. Williamson) (Entered: 07/17/1997) 07/16/ MOTION by CREE RESEARCH, INC., CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, F. NEAL HUNTER, ALAN J. ROBERTSON for Oral Argument on Defts' Motion to Dismiss Pltf's Consolidated Amended Complaint filed 5/2/97. (W. Williamson) (Entered: 07/17/1997) 07/21/1997 Motion submission: [29-1] motion for Oral Argument on Defts' Motion to Dismiss Pltf's Consolidated Amended Complaint filed 5/2/97 submitted, [15-1] motion to Dismiss the consolidated amended complaint submitted, [13-1] motion to Dismiss the consolidated amended complaint, purs. to Rule 9(b) and 12(b)(6) submitted to Judge Erwin (fe) (Entered: 07/21/1997) 07/28/ SUBMISSION OF SUBSEQUENTLY DECIDED AUTHORITY TO SUPPLEMENT PLAINTIFFS' MEMORANDUM OF LAW PREVIOUSLY FILED IN OPPOSITION TO DEFENDANTS' PENDING MOTION TO DISMISS, purs. to LR 7.3(2)(i) by plaintiff ARIF H. RASHEEDI (copy filed in 1:96CV1069). (W. Williamson) Modified on 08/05/1997 (Entered: 08/05/1997) 07/30/1997 Telephonic Notice to counsel of oral argument on motions to dismiss on 8/12/97 at

8 10:30 a.m. in WS-2. (fe) (Entered: 07/30/1997) 07/30/ NOTICE of Hearing: Motion Hearing set for 10:30 8/12/97 in WS-2 for [15-1] motion to Dismiss the consolidated amended set for 10:30 8/12/97 for [13-1] motion to Dismiss the consolidated amended complaint, purs. to Rule 9(b) and 12(b)(6). This confirms telephonic notice to counsel. (fe) Modified on 08/05/1997 (Entered: 07/30/1997) 08/07/ ORDER purs. to communication from defts., a letter which the Ct. will treat as a motion to continue, and it appearing that pltfs. agree with defts' motion to continue a hearing set for 8/12/97 due to cnsls' vacation as set out. The Court hereby continues the date of the hearing in question to a date to be determined by the Court. IT IS SO ORDERED. ( signed by Senior Judge Richard C. Erwin ). Ccs. dist. (Copy filed in 1:96CV1069). (W. Williamson) (Entered: 08/07/1997) 08/13/ NOTICE of Hearing: Motion Hearing reset for 10:30 9/26/97 in WS-2 for [15-1] motion to Dismiss the consolidated amended set for 10:30 9/26/97 for [13-1] motion to Dismiss the consolidated amended complaint, purs. to Rule 9(b) and 12(b)(6) (fe) (Entered: 08/13/1997) 08/15/ MOTION by ARIF H. RASHEEDI for DEBORAH CLARK-WEINTRAUB to Appear Pro Hac Vice w/attached Affidavit. (W. Williamson) (Entered: 08/18/1997) 08/15/ MOTION by ARIF H. RASHEEDI for KIM E. MILLER to Appear Pro Hac Vice w/attached Affidavit. (W. Williamson) (Entered: 08/18/1997) 08/15/ MOTION by ARIF H. RASHEEDI for MATTHEW M. HOUSTON to Appear Pro Hac Vice (W. Williamson) (Entered: 08/18/1997) 08/28/ ORDER granting [36-1] motion for MATTHEW M. HOUSTON to Appear Pro Hac Vice, granting [35-1] motion for KIM E. MILLER to Appear Pro Hac Vice, granting [34-1] motion for DEBORAH CLARK-WEINTRAUB to Appear Pro Hac Vice ( signed by Senior Judge Richard C. Erwin ). Ccs. dist. (W. Williamson) (Entered: 08/28/1997) 08/28/ MOTION (copy-original filed in 1:96CV1069) by FCC Products, Inc. for David A.P. Brower to Appear Pro Hac Vice. Affidavit of David A.P. Brower attached. (R. Winchester) Modified on 08/28/1997 (Entered: 08/28/1997) 08/28/ MOTION by CREE RESEARCH, INC., CALVIN H. CARTER JR., JAMES E. DYKES, MICHAEL W. HALEY, F. NEAL HUNTER, ALAN J. ROBERTSON for BRUCE G. VANYO, to Appear Pro Hac Vice w/attached affidavit of Bruce G. Vanyo. (W. Williamson) (Entered: 08/29/1997) 09/04/ AFFIDAVIT of JOHN HALEBIAN Re: [40-1] motion for John Halebian to Appear Pro Hac Vice by FCC PRODUCTS. (W. Williamson) (Entered: 09/05/1997) 09/05/ MOTION by FCC PRODUCTS for John Halebian to Appear Pro Hac Vice. (W. Williamson) (Entered: 09/05/1997) 09/11/ ORDER granting [39-1] motion for BRUCE G. VANYO, to Appear Pro Hac Vice ( signed by Senior Judge Richard C. Erwin ). Ccs. dist. (W. Williamson) (Entered: 09/11/1997)

9 09/17/ ORDER granting [38-1] motion for David A.P. Brower to Appear Pro Hac Vice ( signed by Senior Judge Richard C. Erwin ). Ccs. dist. (W. Williamson) (Entered: 09/17/1997) 09/17/ ORDER granting [40-1] motion for John Halebian to Appear Pro Hac Vice ( signed by Senior Judge Richard C. Erwin ). Ccs. dist. Original filed in 1:96CV1069. (W. Williamson) (Entered: 09/17/1997) 09/26/1997 Motion hearing held before Jd Erwin in WS, Snyder, Rptr re: [15-1] motion to Dismiss the consolidated amended complaint by F. NEAL HUNTER, CREE RESEARCH, INC., [13-1] motion to Dismiss the consolidated amended complaint, purs. to Rule 9(b) and 12(b)(6) by ALAN J. ROBERTSON, MICHAEL W. HALEY, JAMES E. DYKES, CALVIN H. CARTER JR. Court to enter order (fe) (Entered: 09/26/1997) 10/02/ SUBMISSION OF SUBSEQUENTLY DECIDED AUTHORITY TO SUPPLEMENT PLAINTIFF'S MEMORANDUM OF LAW PREVIOUSLY FILED IN OPPOSITION TO DEFENDANTS' PENDING MOTION TO DISMISS filed by plaintiff.(w. Williamson) Modified on 10/02/1997 (Entered: 10/02/1997) 10/17/ MEMORANDUM OPINION re: Defts' Motion to Dismiss Pltfs' Consolidated Amended Complaint. IT IS GRANTED that defts' motion to dismiss the Consolidated Amended Complaint is GRANTED ( signed by Senior Judge Richard C. Erwin ). Ccs. dist. (W. Williamson) (Entered: 10/17/1997) 10/17/ JUDGMENT consistent w/the Memorandum Opinion filed contemporaneously herewith, defts' Motion to Dismiss Pltfs' Consolidated Amended Complaint is GRANTED. IT IS SO ORDERED that the case is DISMISSED w/out prejudice ( signed by Senior Judge Richard C. Erwin ). Ccs. dist. (W. Williamson) (Entered: 10/17/1997) 10/17/1997 CASE CLOSED. Closing Code 8 (W. Williamson) (Entered: 10/17/1997) 11/28/ STIPULATION of voluntary dismissal (signed by Senior Judge Richard C. Erwin). (W. Williamson) (Entered: 11/28/1997) 11/28/ ORDER of Voluntary Dismissal. Upon stipulation by the parties, it is Ordered, and decreed that this matter is dismissed w/prejudice, and that each party shall bear its own costs and expenses ( signed by Senior Judge Richard C. Erwin ). Ccs. dist. (W. Williamson) (Entered: 11/28/1997) 12/22/ Notice of Address Change of the law firm of Wechsler Harwood Halebian & Feffer LLP. (W. Williamson) (Entered: 12/22/1997) 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