U.S. District Court Western District Of Washington (Seattle) CIVIL DOCKET FOR CASE #: 2:03-cv JCC

Transcription

1 US District Court Civil Docket as of 04/11/2005 Retrieved from the court on Wednesday, October 18, 2006 U.S. District Court Western District Of Washington (Seattle) CIVIL DOCKET FOR CASE #: 2:03-cv JCC Distanisilao v. Topaz Group Inc et al Assigned to: John C Coughenour Cause: 15:78m(a) Securities Exchange Act Plaintiff John Distanisilao on behalf of himself and all others similarly situated Date Filed: 12/18/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Juli Farris Desper KELLER ROHRBACK RD AVE STE 3200 SEATTLE, WA Fax: jdesper@kellerrohrback.com Marc Lawrence Godino BRAUN LAW GROUP WILSHIRE BLVD STE 920 LOS ANGELES, CA Fax: service@braunlawgroup.com Michael David Braun BRAUN LAW GROUP WILSHIRE BLVD STE 920 LOS ANGELES, CA Fax: service@braunlawgroup.com

2 V. Topaz Group Inc represented by Alyson M Weiss LOEB & LOEB (NY) 345 PARK AVE NEW YORK, NY aweiss@loeb.com Laura M Vasey LOEB & LOEB (NY) 345 PARK AVE NEW YORK, NY lvasey@loeb.com Charles "Seth" Wilkinson YARMUTH WILSDON CALFO 925 FOURTH AVE STE 2500 SEATTLE, WA swilkinson@yarmuth.com Richard C Yarmuth YARMUTH WILSDON CALFO 925 FOURTH AVE STE 2500 SEATTLE, WA Fax: yarmuth@yarmuth.com Aphichart Fufuangvanich George Pfeiffer

3 Peter Brongers Timothy Mutula represented by Charles "Seth" Wilkinson Laura M Vasey Terrence Cuff represented by Charles "Seth" Wilkinson Laura M Vasey Richard C Yarmuth Grant Thornton TERMINATED: 03/16/2005 represented by Mary C. Eklund EKLUND ROCKEY STRATTON 521 SECOND AVE W SEATTLE, WA Fax: FAX mceservice@erslaw.com Date Filed # Docket Text 12/18/ COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAW and JURY TRIAL DEMANDED against defendant(s) Peter Brongers, Terrence Cuff, Aphichart Fufuangvanich, Timothy Mutula, George Pfeiffer, Topaz Group Inc (Summons(es) issued) (Receipt # ), filed by John Distanisilao. (Attachments: # 1 Civil Cover Sheet)(PM, ) (Entered: 12/26/2003) 01/12/ SERVICE OF SUMMONS and Complaint returned executed upon defendant

4 Topaz Group Inc on 1/9/2004. (AF, ) (Entered: 01/21/2004) 01/26/ 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 3/23/ :00 AM before John C Coughenour. (JM,counsel) (Entered: 01/26/2004) 01/27/ ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (LS, ) (Entered: 01/27/2004) 01/29/ NOTICE of Appearance by attorney Richard C Yarmuth on behalf of Topaz Group Inc (Yarmuth, Richard) (Entered: 01/29/2004) 02/17/ MOTION to Appoint Lead Plaintiff and Approve Proposed Lead Plaintiff's Choice of Counsel by Plaintiff John Distanisilao. Noting Date 3/12/2004.Oral Argument Requested. (Desper, Juli) (Entered: 02/17/2004) 02/17/ DECLARATION of Juli Farris Desper filed by Plaintiff John Distanisilao re 6 MOTION to Appoint Lead Plaintiff and Approve Proposed Lead Plaintiff's Choice of Counsel (Desper, Juli) (Entered: 02/17/2004) 02/23/ APPLICATION by Plaintiff John Distanisilao AND ORDER admitting Michael D Braun for John Distanisilao pro hac vice. Receipt # (LS, ) (Entered: 02/25/2004) 02/23/ APPLICATION by Plaintiff John Distanisilao AND ORDER admitting Marc L Godino for John Distanisilao pro hac vice. Receipt # (LS, ) (Entered: 02/25/2004) 02/27/ PRAECIPE requesting Summons, summons issued by Plaintiff John Distanisilao. (AE, ) (Entered: 03/03/2004) 03/04/ SERVICE OF SUMMONS and Complaint returned executed upon defendant Timothy Mutula on 2/29/2004. (LS, ) (Entered: 03/08/2004) 03/11/ Stipulated MOTION Extend Time for s' Response to Complaint by Plaintiff John Distanisilao. Noting Date 3/11/2004. (Desper, Juli) (Entered: 03/11/2004) 03/23/ MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: Kelly; Counsel: Desper/Yarmuth/Braun; Called, counsel advises the Court of status.

5 Counselare to contact the court when this matter is ready for another status conference. (JM,counsel) (Entered: 03/23/2004) 03/23/ STIPULATION AND ORDER THE EXTENSION OF TIME FOR DEFENDANTS' RESPONSE TO COMPLAINT by Judge John C Coughenour. (LS, ) (Entered: 03/24/2004) 03/23/ ORDER granting John Distanislao's 6 Motion for Appointment of Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of Counsel by Judge John C Coughenour.(LS, ) (Entered: 03/25/2004) 03/26/ PRAECIPE to issue summons (and issued) on defendants Terrence C. Cuff and Aphichart Fufuangvanich by Plaintiff John Distanisilao. (LT, ) (Entered: 04/05/2004) 04/21/ NOTICE of Change of Address by Richard C Yarmuth (Yarmuth, Richard) (Entered: 04/21/2004) 04/26/ STIPULATION AND ORDER Regarding Consolidated Amended Complaint and Motion to Dismiss Briefing Schedule by Judge John C Coughenour. (LS, ) (Entered: 04/26/2004) 04/30/ AMENDED COMPLAINT AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS against defendant all defendants, filed by John Distanisilao. (Attachments: # 1 Continuation of Amended Complaint)(Braun, Michael) (Entered: 04/30/2004) 05/07/ PRAECIPE TO ISSUE SUMMONS (and issued) on defendant Grant Thornton LLP by Plaintiff John Distanisilao. (LT, ) (Entered: 05/17/2004) 05/14/ SERVICE OF SUMMONS and Complaint returned executed upon defendant Grant Thornton on 5/11/2004. (LS, ) (Entered: 05/24/2004) 05/21/ NOTICE of Appearance by attorney Mary C. Eklund on behalf of Grant Thornton (Eklund, Mary) (Entered: 05/21/2004) 06/02/ NOTICE of Appearance by attorney Richard C Yarmuth on behalf of Terrence Cuff (Yarmuth, Richard) (Entered: 06/02/2004) 06/04/ APPLICATION by Alyson M. Weiss for Leave to Appear Pro Hac Vice by Topaz Group Inc. (Yarmuth, Richard) (Entered: 06/04/2004) 06/04/ APPLICATION by Laura M. Vasey for Leave to Appear Pro Hac Vice by Topaz Group Inc. (Yarmuth, Richard) (Entered: 06/04/2004) 06/08/ APPLICATION by Topaz Group Inc AND ORDER admitting Alyson M Weiss for Topaz Group Inc pro hac vice. Receipt # (LS, ) (Entered: 06/08/2004) 06/08/ APPLICATION by Topaz Group Inc AND ORDER admitting Laura M Vasey for Topaz Group Inc pro hac vice. Receipt # (LS, ) (Entered: 06/08/2004) 06/10/ STIPULATION of parties regarding Motion to Dismiss Briefing Schedule. (Desper, Juli) (Entered: 06/10/2004)

6 06/14/ NOTICE by Plaintiff John Distanisilao SUBSTITUTION OF ATTORNEY (Braun, Michael) (Entered: 06/14/2004) 06/15/ STIPULATION AND ORDER by Judge John C Coughenour. Dfts Topaz Group Inc., Timothy Matula, Terrence Cuff and Grant Thornton LLP shall respond to the Consolidated Amended Complaint no later than 7/12/04.(CL, ) (Entered: 06/18/2004) 07/12/ MOTION to Dismiss the Amended Complaint Pursuant to Rule 12(b)(6), Fed. R. Civ. P., by Grant Thornton. Noting Date 10/1/2004. (Attachments: # 1 [Proposed] Order Granting Grant Thornton's Motion to Dismiss Under Rule 12(b)(6), Fed. R. Civ. P.)(Eklund, Mary) (Entered: 07/12/2004) 07/12/ ***FILED IN ERROR; COUNSEL RE-FILED (SEE DKT. #35)**** MOTION to Dismiss Plaintiff's Amended Complaint by s Terrence Cuff, Timothy Mutula, Topaz Group Inc. Noting Date 10/1/2004.Oral Argument Requested. (Vasey, Laura) Modified text and removed duplicate from motion calendar on 7/13/2004 (AF, ). (Entered: 07/12/2004) 07/12/ MOTION to Dismiss Plaintiff's Amended Complaint by s Terrence Cuff, Timothy Mutula, Topaz Group Inc. Noting Date 10/1/2004.Oral Argument Requested. (Attachments: # 1 Exhibit A through E# 2 Proposed Order # 3 Certificate of Service)(Vasey, Laura) (Entered: 07/12/2004) 08/26/ RESPONSE, by Plaintiff John Distanisilao, to 33 MOTION to Dismiss Plaintiff's Amended Complaint by dft Grant Thornton (Braun, Michael) Modified on 8/26/2004,corrected link to motion, corrected text. (KN, ). (Entered: 08/26/2004) 08/26/2004 NOTICE of Docket Text Modification re 37 Response to Motion: corrected link to motion #33, corrected text. (KN, ) Modified on 8/27/2004 to create additional document hyperlink (ECS, ). (Entered: 08/26/2004) 08/26/ RESPONSE, by Plaintiff John Distanisilao, to 35 MOTION to Dismiss Plaintiff's Amended Complaint (Braun, Michael) (Entered: 08/26/2004) 08/26/ CERTIFICATE OF SERVICE by Plaintiff John Distanisilao re 37 Response to Motion, Notice of Docket Text Modification, 38 Response to Motion to Dismiss Amended Complaint. (Braun, Michael) (Entered: 08/26/2004) 09/24/ STIPULATION and Proposed Order Extending Motion to Dismiss Briefing Schedule by parties. (Yarmuth, Richard) Modified text on 9/27/2004 (AF, ). (Entered: 09/24/2004) 09/24/ Stipulation and Order Extending Motion to Dismiss Briefing Schedule, s' Motions to Dismiss 33 and 34 RENOTED FOR 10/5/2004. by Judge James L. Robart. (LMS, ) (Entered: 09/24/2004) 10/04/ REPLY, filed by Grant Thornton, TO RESPONSE to 33 MOTION to Dismiss the Amended Complaint Pursuant to Rule 12(b)(6), Fed. R. Civ. P., (Eklund, Mary) (Entered: 10/04/2004) 10/04/ NOTICE of Appearance by attorney Charles "Seth" Wilkinson on behalf of s Terrence Cuff, Timothy Mutula, Topaz Group Inc (Wilkinson, Charles) (Entered: 10/04/2004)

7 10/04/ REPLY, filed by s Terrence Cuff, Timothy Mutula, Topaz Group Inc, TO RESPONSE to 35 MOTION to Dismiss Plaintiff's Amended Complaint (Attachments: # 1 Certificate of Service)(Yarmuth, Richard) (Entered: 10/04/2004) 10/04/ DECLARATION of Richard C. Yarmuth filed by s Terrence Cuff, Timothy Mutula, Topaz Group Inc re 35 MOTION to Dismiss Plaintiff's Amended Complaint (Yarmuth, Richard) (Entered: 10/04/2004) 10/26/ NOTICE of Change of Address of Plaintiffs' Counsel by Plaintiff John Distanisilao (Clerk called Counsel and advised her to file a PHV) (LMS, ) (Entered: 10/26/2004) 01/28/ ORDER GRANTING 35 MOTION to Dismiss Plaintiff's Amended Complaint filed by Topaz s and 33 MOTION to Dismiss the Amended Complaint Pursuant to Rule 12(b)(6), Fed. R. Civ. P., filed by Grant Thornton. Plaintiffs' motion to amend GRANTED as to all s. Amended complaint due within 45 days of the entry of this order, by Judge John C Coughenour. (LN-B) (Entered: 01/28/2005) 02/10/ 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 4/12/ :00 AM before John C Coughenour. (JM, ) (Entered: 02/10/2005) 03/14/ Stipulated MOTION and [Proposed] Order Dismissing All Claims Against Grant Thornton LLP by Plaintiff John Distanisilao, Grant Thornton. Noting Date 3/14/2005. (Desper, Juli) Docket text modified on 3/15/2005 (DM, ). (Entered: 03/14/2005) 03/14/ MOTION to Dismiss with Prejudice and Proposed Order by Plaintiff John Distanisilao. Noting Date 4/8/2005. (Desper, Juli) (Entered: 03/14/2005) 03/16/ ORDER DISMISSING PARTY; Grant Thornton LLP terminated, as per 51 parties' stipulation. All claims against Grant Thornton LLP DISMISSED with prejudice, with each party bearing its own costs and attorneys' fees, by Judge John C Coughenour. (LN-B) (Entered: 03/16/2005) 03/21/ Letter from Julie Farris Desper for John Distanislao re 51 Stipulated MOTION and Order Dismissing All Claims Against Grant Thornton LLP. (LMS, ) (Entered: 03/22/2005)

8 04/04/ STIPULATION AND PROPOSED ORDER Dismissing All Claims Against Topaz Group, Inc., Aphichart Fufuangvanich, George Pfeifer, Peter Brongers, Timothy Matula, and Terrence Cuff by parties. (Desper, Juli) (Entered: 04/04/2005) 04/04/ CERTIFICATE OF SERVICE by Plaintiff John Distanisilao, s Topaz Group Inc, Timothy Mutula, Terrence Cuff re 55 Stipulation and [Proposed] Order. (Desper, Juli) (Entered: 04/04/2005) 04/07/ ORDER of Dismissal with Prejudice Granted as to Topaz Group Inc., Aphichart Fufuangvanich, George Pfeifer, Peter Brongers, Timothy Mutula, Terrence Cuff by Judge John C Coughenour. (LMS, ) (Entered: 04/07/2005) 04/11/ MINUTE ORDER striking status conference set for April 12, 2005, by Judge John C Coughenour. (LN-B) (Entered: 04/11/2005) 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