U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 03-CV-2260

Transcription

1 US District Court Civil Docket as of 8/26/05 Retrieved from the court on Friday, February 10, 2006 U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 03-CV-2260 In re: Pricesmart, Inc Filed: 11/17/03 Assigned to: Judge John A. Houston Jury demand: Plaintiff Referred to: Magistrate Judge Barbara Lynn Major Demand: $75,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:78m(a) Securities Exchange Act BERNARD DOLOWICH Kirk B Hulett plaintiff (619) Hulett Harper Stewart 550 West C Street Suite 1600 San Diego, CA (619) PERFORMANCE CAPITAL, L.P.,. Jeffrey R Krinsk plaintiff (619) Finkelstein and Krinsk 501 West Broadway Suite 1250 San Diego, CA (619) TERRIER PARTNERS LP plaintiff QUILCAP CORP plaintiff Jeffrey R Krinsk Jeffrey R Krinsk v. PRICESMART INC Julia E Parry (619)

2 Latham and Watkins LLP 600 West Broadway Suite 1800 San Diego, CA (619) GILBERT A PARTIDA James G Bohm Bohm Francis Kegel and Aguilera 695 Town Center Drive Costa Mesa, CA (949) ROBERT E PRICE,. (949) Gibson Dunn and Crutcher 4 Park Plaza Suite 1400 Irvine, CA (949) ALLAN C YOUNGBERG Koji F Fukumura (858) Cooley Godward 4401 Eastgate Mall San Diego, CA (858) EDGAR A ZURCHER JACK MCGORY ANGEL M ANGEL LOSADA M LAWRENCE R KRAUSE LEON C JANKS KATHERINE L HENSLEY

3 MURRAY L GALISON RAFAEL S BARCENAS JAMES F CAHILL ======================== BYRON MIKALSON Darren Jay Robbins plaintiff (619) Lerach Coughlin Stoia Geller Rudman and Robbins 401 B Street Suite 1600 San Diego, CA (619) JASON RECIO plaintiff GREGORY DODD plaintiff Darren Jay Robbins Peter Arthur Binkow Glancy Binkow and Goldberg 1801 Avenue of the Stars Suite 311 Los Angeles, CA (310) Louis Gottlieb Goodkind Labaton Rudoff and Sucharow 100 Park Avenue Suite 1200 New York, NY (212) KAREN A STEWART Stephen Richard Basser plaintiff (619) Barrack Rodos and Bacine 402 West Broadway Suite 850 San Diego, CA (619)

4 GARY SCHNELL William S Lerach plaintiff (619) Lerach Coughlin Stoia Geller Rudman and Robbins 401 B Street Suite 1600 San Diego, CA (619) ======================== DONALD TICK plaintiff Lionel Z Glancy Glancy Binkow and Goldberg 1801 Avenue of the Stars Suite 311 Los Angeles, CA (310) Louis Gottlieb Goodkind Labaton Rudoff and Sucharow 100 Park Avenue Suite 1200 New York, NY (212) DOCKET PROCEEDINGS DATE # DOCKET ENTRY 11/17/03 1 Complaint Filed; (referred to Magistrate Judge Leo S. Papas ) Receipt No/Amt of Fee: #98809/$150. Demand for jury trial. (jpp) [Entry date 11/21/03] 11/17/03 2 Summons issued (jpp) [Entry date 11/21/03] 12/2/03 3 Return of Service of summons and cmp executed upon Pricesmart Inc on 11/19/03 by personal svc (ryc) [Entry date 12/05/03] 12/2/03 4 Return of Service of summons and cmp executed upon Allan C Youngberg on 11/18/03 by personal svc (ryc)

5 [Entry date 12/05/03] 12/2/03 5 Return of Service of summons and cmp executed upon Gilbert A Partida on 11/19/03 by personal svc (ryc) [Entry date 12/05/03] 12/2/03 6 Return of Service of summons and cmp executed upon Robert E Price on 11/24/03 by personal svc (ryc) [Entry date 12/05/03] 12/9/03 7 Order of Transfer by Judge M. J. Lorenz: Case reassigned to Judge John A. Houston (new case no. 03cv2260-JAH(LSP) (ryc) [Entry date 12/10/03] 1/16/04 8 Notice of Motion and Motion by plaintiff Bernard Dolowich to consolidate related actions [ motion(s) referred to Judge John A. Houston] motion hrg set for 03/05/04 at 10:30am (axr) [Entry date 01/20/04] [Edit date 01/20/04] 1/16/04 9 Memorandum of Law in support of motion to consolidate related actions [8-1] by plaintiff Bernard Dolowich (axr) [Entry date 01/20/04] 1/16/04 10 Notice of Motion and Motion by plaintiff Bernard Dolowich to appoint Byron Mikalson as lead pla, and to approve lead pla's choice of lead counsel [ motion(s) referred to Judge John A. Houston], motion hrg set for 03/05/04 at 10:30am (axr) [Entry date 01/20/04] 1/16/04 11 Memorandum of law by plaintiff Bernard Dolowich in support of motion to appoint Byron Mikalson as lead pla [10-1], of motion to approve lead pla's choice of lead counsel [10-2] (axr) [Entry date 01/20/04] 1/16/04 12 Declaration of Ramzi Abadou by plaintiff Bernard Dolowich re motion to appoint Byron Mikalson as lead pla [10-1], re motion to approve lead pla's choice of lead counsel [10-2] (axr) [Entry date 01/20/04] 1/16/04 13 Notice of Motion and Motion of Donald J. Tick by plaintiff Bernard Dolowich for consolidation of related actions, and for appointment as lead pla, and approval of proposed lead pla's selection of lead counsel [ motion(s) referred to Judge John A. Houston ], motion hrg set for 03/05/04 at 10:30am (axr) [Entry date 01/20/04]

6 1/16/04 14 Memorandum of law in support of motion of Donald J. Tick for consolidation of related actions, appt as lead pla and approval of proposed lead pla's selection of lead counsel by plaintiff Bernard Dolowich (axr) [Entry date 01/20/04] 1/16/04 15 Declaration of Christopher Keller by plaintiff Bernard Dolowich re motion for consolidation of related actions [13-1], re motion for appointment as lead pla [13-2], re motion approval of proposed lead pla's selection of lead counsel [13-3] (axr) [Entry date 01/20/04] 1/23/04 16 DISCREPANCY ORDER by Judge John A. Houston accepting document: pla's notice of motion and mot from pla Irvin Zelig, non-compliance with local rule 7.1.f or 47.1.b.3, document is to be filed nunc pro tunc to the date received (ksr) [Entry date 01/23/04] 1/23/04 17 Notice of Motion and Motion by pla Irvin Zelig to consolidate all related actions for all purposes [ motion(s) referred to Judge John A. Houston ] motion hrg set for 2/20/04 at 10:30 am t/w p/a (nunc pro tunc 1/16/04) (ksr) [Entry date 01/23/04] 1/23/04 18 DISCREPANCY ORDER by Judge John A. Houston accepting document: pla's motion to appt Irvin Zel from pla Irvin Zelig, non-compliance with local rule 7.1.f or 47.1.b.3, document is to be filed nunc pro tunc to the date received (ksr) [Entry date 01/23/04] 1/23/04 19 Notice of Motion and Motion by Irvin Zelig to appoint Irvin Zelig as lead pla, for appointment of lead counsel [ motion(s) referred to Judge John A. Houston ], motion hrg set for 2/20/04 at 10:30 t/w p/a (nunc pro tunc 1/16/04) (ksr) [Entry date 01/23/04] [Edit date 01/23/04] 1/23/04 20 Declaration of Kirk B. Hulett by Irvin Zelig re motion to appoint Irvin Zelig as lead pla [19-1], re motion for appointment of lead counsel [19-2] (nunc pro tunc 1/16/04) (ksr) [Entry date 01/23/04] 1/27/04 21 Order by Judge John A. Houston motion hrg on motion to appoint Irvin Zelig as lead pla [19-1] ; motion for appointment of lead counsel [19-2] ; motion to consolidate all related actions for all purposes [17-1]; motion for consolidation of related actions [13-1]; motion for

7 appointment as lead pla [13-2] motion to appoint Byron Mikalson as lead pla [10-1]; motion to approve lead pla's choice of lead counsel [10-2]; motion to consolidate related actions [8-1] reset for 3/19/04 at 2:00 pm before Judge John A. Houston. (ksr) [Entry date 01/27/04] 2/4/04 22 Notice of withdrawal by Irvin Zelig of motion to appoint Irvin Zelig as lead pla [19-1], motion for appointment of lead counsel [19-2] and to consolidate actions (ryc) [Entry date 02/05/04] 2/4/04 23 Notice by counsel for Pricesmart Inc of change of address (joeh) [Entry date 02/05/04] [Edit date 02/05/04] 3/3/04 24 Notice by counsel for plaintiff Bernard Dolowich of change of address (tdo) [Entry date 03/04/04] 3/5/04 25 Memo of p/a's by plaintiffs in opposition to motion for approval of proposed lead pla's selection of lead counsel [13-3], motion to approve lead pla's choice of lead [10-2] (ryc) [Entry date 03/08/04] [Edit date 03/08/04] 3/5/04 26 Declaration of Darren J. Robbins by plaintiffs in support of Byron Mikalson's memo of p/a's in opposition to the competing motions for appointment as lead plaintiff [25-1] t/w exhs (ryc) [Entry date 03/08/04] 3/9/04 27 DISCREPANCY ORDER by Judge John A. Houston accepting document: memorandum in response to the competing lead plaintiff motions from lead plaintiff Donald J. Tick, non-compliance with local rule 5.1.j.4, the document is to be filed nunc pro tunc to the date received (pla Donald J. Tick is not a plaintiff in this action) (ryc) [Entry date 03/09/04] 3/9/04 28 Memorandum of law by proposed lead plaintiff Donald J. Tick in response to competing lead pla motions and in further support of motion fo approval of proposed lead pla's selection of lead counsel [13-3] (nunc pro tunc to 3/5/04) (ryc) [Entry date 03/09/04] 3/12/04 29 Byron Mikalson's reply memorandum in further support of motion for appointment as lead pla [13-2], motion to appoint Byron Mikalson as lead pla [10-1] (ryc) [Entry date 03/15/04]

8 3/12/04 30 Declaration of Brian O. O'Mara by cnsl for lead plaintiff Bernard Dolowich in support of Byron Mikalson's reply memorandum in further support of motion for appointment as lead plaintiff and for approval of his appointment of lead cnsl [29-1] t/w exh (ryc) [Entry date 03/15/04] [Edit date 03/15/04] 3/12/04 31 Reply memorandum of p/a's by proposed lead plaintiff Donald Tick in further support of motion for lead plaintiff and in opposition to the competing motions for appointment as lead cnsl (ryc) [Entry date 03/15/04] 3/16/04 32 Minutes: Enter Order by Judge John A. Houston: Hrg on motions to consolidate related actions [doc. nos. 8,13] and motions to appoint lead plaintiff [doc. nos. 10,17] set for 3/19/04 are vacated and under submission w/out oral argument. Parties notified by telephone. the motion to approve lead pla's choice of lead counsel [10-2] is submitted, that the motion to consolidate related actions [8-1] is submitted Court Reporter: N/A (ryc) [Entry date 03/17/04] [Edit date 03/17/04] 3/17/04 33 Objection by plaintiff Byron Mikalson's objection and request to strike the Hedge Fund Group's reply memorandum of law in further support of motion for appointment as lead plaintiff t/w exh (ryc) [Entry date 03/18/04] 3/18/04 34 Order of Transfer by Magistrate Judge Leo S. Papas: Case referred to Magistrate Judge Barbara L. Major (new case no. 03cv2260-JAH(BLM) (ryc) [Entry date 03/19/04] 3/26/04 35 Objection and request to strike additional memoranda filed with the court by lead cnsl for plaintiffs (ryc) [Entry date 03/29/04] 3/26/04 36 DISCREPANCY ORDER by Judge John A. Houston rejecting document: sur-reply in further support by movant Tick, discrepancy: pty must seek leave of court to file a surreply (movant not a pty in this case) (ryc) [Entry date 03/29/04] 5/6/04 37 Notice by counsel for plaintiff Bernard Dolowich of change of firm name (tdo) [Entry date 05/06/04]

9 8/10/04 38 Notice by plaintiff Bernard Dolowich of change of firm name; (Atty Maint) (jpp) [Entry date 08/11/04] 9/9/04 39 Order by Judge John A. Houston; Case consolidated 3:03-cv-2260 with member cases 3:03-cv-2273, 3:03-cv-2400, 3:03-cv-2450, 3:03-cv-2506, 3:03-cv-2559; 3:03-cv-2561; New Parties plaintiff Byron Mikalson, Jason Recio, Gregory Dodd, Karen Stewart, Gary Schnell, Performance Capital, Terrier Partners, L.P., Quilcap Corp.,; Order granting motions to consolidate (Doc 8-1, 13-1); granting Mikalson's motion to preserve documents; granting Tick's motion for appointment as lead plaintiff and motion for approval of lead counsel (Doc 13-1); Court approves the apointment of Goodkind Labaton Rudoff and Cucharow, LLP and denies competing movant's motion for appoinment as lead plaintiff (Doc 6-1 filed in case 03CV2561) ALL FUTURE DOCKETING SHALL BE DONE IN THE LEAD CASE 03CV2260 JAH(BLM); Judge transfer letter prepared (jpp) [Entry date 09/13/04] [Edit date 10/01/04] 9/27/04 40 Notice of Ex Parte Application by plaintiffs Performance Capital, Terrier Partners LP and Quilcap Corp for unopposed motion for certification of the sub-class for settlement purposes; prelilminary approval of the settlement and approval of the sub-class notice (jpp) [Entry date 10/01/04] 9/27/04 41 Memorandum of points and authorities by plaintiffs Performance Capital, Terrier Partners LP and Quilcap Corp in 3:03-cv in support of application [40-1] (jpp) [Entry date 10/01/04] 9/27/04 42 Declaration of Halley F. Ascher re application [40-1] (jpp) [Entry date 10/01/04] 9/30/04 43 Stipulation and Order by Judge John A. Houston granting application [40-1] for plaintiffs unopposed motion for certification of the sub-class for settlement purposes; Plaintiffs Performance Captial L.P., Terrier Partners L.P., and Quilcap Corp. shall be appointed lead plaintiffs for a proposed sub-class of all persons who puchased or held PriceSmart's Series A Preferred Stock between 1/22/02 and 11/7/03, excluding Defendants, the former and current directors and officers of PriceSmart and any of their families and affiliates, which shall be defined as the Series A Preferreed Sub-Class; the law firm of Kinkelstein, Thompson & Loughran LLP shall be appointed lead counsel for the Series A Preferred Sub-Class (jpp) [Entry date 10/01/04]

10 9/30/04 44 Order by Judge John A. Houston preliminarily approving settlement and providing for notice; PriceSmart shall notify all members of the Series A Preferred Sub-Class no later than 10/1/04; any member of the Series A Preferred Sub-Class may appear and show cause why the proposed Settlement of the Action should or should not be approved as fair no later than 10/27/04; Settlement conf is set for 2:15 11/8/04 before Judge John Houston; (jpp) [Entry date 10/01/04] 10/18/04 45 Stipulation and Order by Judge John A. Houston; Lead Plaintifff Tick shall file a consolidated complaint by 11/15/04; Defendants shall answer or move to dismiss the consolidated complaint by 1/21/05, which shall be served on opposing counsel by Federal Express or other overnight delivery service; if Defendants file a motion to dismiss, Lead Plaintiff Tick shall file an opposition to the motion to dismiss by 3/9/05, which shall be served on opposing counsel by Federal Express or other overnight delivery service; Defendants' reply brief in support of their motion to dismiss shall be filed by 4/11/05, and shall be served on opposing counsel by by Federal Express or other overnight delivery service (jpp) [Entry date 10/19/04] 11/3/04 46 DISCREPANCY ORDER by Judge John A. Houston accepting document: Motion for final approval of final settlement from plaintiff Bernard Dolowich in 3:03-cv-02260, non-compliance with local rule 7.1.f, document is to be filed nunc pro tunc to the date received (jpp) [Entry date 11/04/04] 11/3/04 47 Notice of Motion and Motion by plaintiff Bernard Dolowich in 3:03-cv-02260; as series a preferred submclass lead plaintiffs' for final approval of settlement; [motion(s) referred to Judge John A. Houston]; motion hrg for 11/8/04 at 2:15pm; NUNC PRO TUNC 11/01/04 (jpp) [Entry date 11/04/04] [Edit date 11/04/04] 11/3/04 48 Memorandum of Law by plaintiff Bernard Dolowich in 3:03-cv in support of the series A preferred subclass lead plaintiffs' motion for final apoproval of settlement [47-1]; NUNC PRO TUNC 11/01/04 (jpp) [Entry date 11/04/04] [Edit date 11/04/04] 11/3/04 49 Declaration of Donald J. Enright in support of the series A preferred subclass lead plaintiffs' motion for final approval of settlement [47-1]; NUNC PRO TUNC 11/01/04 (jpp) [Entry date 11/04/04] [Edit date 11/04/04]

11 11/8/04 50 Minutes: Enter Order by Judge John A. Houston granting motion for final approval of settlement [47-1]; Court Reporter: Cameron Kircher (jpp) [Entry date 11/09/04] 11/9/04 51 Stipulation and Order by Judge John A. Houston re: Amended schedule for filing consolidated complaint and for briefing of motion to dismiss; Lead Plaintiff Tick shall file a consolidated complaint by 11/29/04; Defendants shall answer or move to dismiss the consolidated complaint by 2/4/05; if s file a motion to dismiss, Lead Plaintiff Tick shall file an opposition to the motion to dismiss by 3/23/05 Defendant's reply brief in support of their motion to dismiss shall be filed by 4/25/05; if 's file a motion to dismiss, they shall contact the Court prior to the filing of the motion to dismiss to obtain a hearing date convenient to the Court consistent with a hearing to be scheduled at least one week after the 4/25/05 filing of the reply brief (jpp) [Entry date 11/10/04] [Edit date 11/17/04] 11/9/04 52 Final Judgment and Order of Dismissal by Judge John A. Houston dismissing all members of the Series A Preferred Sub-Class (jpp) [Entry date 11/10/04] 11/29/04 53 Consolidated Amended Complaint [1-1]; adding Donald Tick to case(s) 3:03-cv-02260; Demand for Jury Trial (jah) [Entry date 12/02/04] 1/27/05 54 Stipulation and Order by Judge John A. Houston re: schedule for filing and briefing of motion to dismiss consolidated complaint; Defendants shall answer or move to dismiss by 03/18/05; if Defendants file a motion dismiss, Lead Plaintiff Tick shall file an opposition to the motion to dismiss by 05/02/05; Defendant's reply brief in support of their motion shall be filed by 06/03/05; prior to filling a motion to dismiss, Defendants shall contact the Court to obtain a hearing date convenient to the Court consistent with a hearing to be scheduled at lease one week after the 06/03/05 filing of the reply brief (jpp) [Entry date 01/27/05] 5/17/05 55 DISCREPANCY ORDER by Judge John A. Houston accepting document: motion for preliminary approval of proposed settlement from plaintiff Donald Tick in 3:03-cv-02260, non-compliance with local rule, other: stipulation of settlement requires face page, document is to be filed nunc pro tunc to the date received (jpp) [Entry date 05/18/05]

12 5/17/05 56 Notice of Motion and Motion by plaintiff Donald Tick in 3:03-cv-02260; for Preliminary Approval of Proposed Settlement; [motion(s) referred to Judge John A. Houston]; NUNC PRO TUNC 05/16/05 (jpp) [Entry date 05/18/05] 5/17/05 57 Memorandum of points and authorities by plaintiff Donald Tick in 3:03-cv in support of motion for Preliminary Approval of Proposed Settlement [56-1]; NUNC PRO TUNC 05/16/05 (jpp) [Entry date 05/18/05] 5/17/05 58 Declaration of Louis Gottlieb re motion for Preliminary Approval of Proposed Settlement [56-1]; NUNC PRO TUNC 05/16/05 (jpp) [Entry date 05/18/05] 5/17/05 59 Non-opposition by Pricesmart Inc in 3:03-cv-02260, Gilbert A Partida in 3:03-cv-02260, Allan C Youngberg in 3:03-cv to motion for Preliminary Approval of Proposed Settlement [56-1]; NUNC PRO TUNC 05/16/05 (jpp) [Entry date 05/18/05] 5/17/05 60 Stipulation of Settlement; NUNC PRO TUNC 05/16/05 (jpp) [Entry date 05/18/05] 5/31/05 61 Hearing Order by Judge John A. Houston preliminarily approving settlement and providing for notice; Fairness Hearing is set for 3:00 8/18/05 before Judge John Houston (jpp) [Entry date 05/31/05] 8/5/05 62 Notice and Application by plaintiffs in 3:03-cv in support of final approval of settlement; plan of allocation and for award of attorneys' fees and expenses (bar) [Entry date 08/08/05] 8/5/05 63 Memorandum of points and authorities by plaintiff in 3:03-cv in support of application [62-1] (bar) [Entry date 08/08/05] 8/18/05 64 DISCREPANCY ORDER by Judge John A. Houston accepting document: Declaration in support of motion from plaintiff Gregory Dodd in 3:03-cv-02260, non-compliance with local rule, other: no motion on file, document is to be filed nunc pro tunc to the date received (jpp) [Entry date 08/18/05] 8/18/05 65 Declaration of Peter A. Binkow on behalf of Glancy Binkow

13 and Goldberg LLP in support of motion for award of attorneys' fees and reimbursement of expenses; (motion not on file); NUNC PRO TUNC 08/15/05 (jpp) [Entry date 08/18/05] 8/18/05 66 Declaration of Stacey B. Fishbein in support of Memorandum of Points and Authorities in support of Final Approval of Proposed Settlement and the plan of allocation and lead counsel's application for attorney's fees and reimbursement of expenses; NUNC PRO TUNC 08/15/05 (jpp) [Entry date 08/18/05] 8/18/05 67 Minutes: Enter Order by Judge John A. Houston; hearing held; Present: for pla: Louis Gottlieb, for dfts: Peter Benzian and Dennis Crovella; Court approves Settlement Agreement, final judgment to be entered; Court Reporter: Cameron Kircher (jpp) [Entry date 08/19/05] 8/23/05 68 Pro Hac Vice approved on behalf of plaintiff Gregory Dodd in 3:03-cv-02260, plaintiff Donald Tick in 3:03-cv for Louis Gottlieb (joeh) [Entry date 08/23/05] 8/26/05 69 Final Judgment by Judge John A. Houston approving Settlement, awarding Attorney's Fees and reimbursement of expenses, and dismissing action; Within 10 business days following entry of this Final Judgment, the Settlement Fund of $2,350, shall be be paid by Defendants into the Settlement Fund Account, as defined in the Settlement Agreement; This action, including all individual and class claims resolved by it, is hereby dismissed on the merits and with prejudice, without fees or costs to any party except as otherwise provided in this Final Judgment; Lead Counsel is hereby awarded attorney's fees in the amount of $705,000 to be paid from the Settlement Fund consistent with the terms of the Settlement Agreement; Lead Counsel's hereby awarded reimbursement of litigation expenses in the amount of $62, to be paid from the Settlement Fund consistent with the terms of the Settlement Agreement; Lead counsel is hereby authorized to pay to the Claims Administrator $32, to reimburse the Claims Administrator for its out-of-pocket expenses incurred in connection with the publication of the Notice; terminating case (3:03-cv-02561, 3:03-cv-02559, 3:03-cv-02506, 3:03-cv-02450, 3:03-cv-02400, 3:03-cv-02273) (jpp) [Entry date 08/29/05] [Edit date 08/29/05]

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