U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 3:07-cv NLS. Parties and Attorneys
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1 US District Court Civil Docket as of 12/19/2008 Retrieved from the court on Tuesday, January 06, 2009 U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 3:07-cv NLS Johnson v. Wireless Facilities Inc et al Date Filed: Mar. 15, 2007 Status: Closed Nature of suit: 850 Securities/Commodities Assigned to: Magistrate Judge Nita L. Stormes Cause: 15:78m(a) Securities Exchange Act Date terminated: Dec. 19, 2008 Jurisdiction: Federal Question Jury demand: Both Member cases: 3:07-cv NLS 3:07-cv NLS Parties and Attorneys Plaintiff Brett Johnson individually and on behalf of all others similarly situated Arthur L Shingler Scott and Scott 600 B Street Suite 1500 San Diego, CA (619) ashingler@scott-scott.com Amber Lee Eck Coughlin Stoia Geller Rudman and Robbins 655 West Broadway Suite 1900 San Diego, CA (619) ambere@csgrr.com Dennis Johnson Johnson and Perkinson
2 1690 Williston Road PO Box 2305 South Burlington, VT (802) Fax: (802) Eben F. Duval Johnson & Perkinson 1690 Williston Road PO Box 2305 South Burlington, VT (802) Fax: (802) Jacob B Perkinson Johnson and Perkinson PO Box Williston Road South Burlington, VT (802) Fax: (802) jperkinson@jpclasslaw.com Plaintiff Laborers Local 190 Pension Fund Individually and on Behalf of All Others Similarly Situated Nicole Lavallee Berman DeValerio Pease Tabacco Burt Pucillo 425 California Street Suite 2100 San Francisco, CA (415) Fax: (415) nlavallee@bermanesq.com Amber Lee Eck Dennis Johnson Eben F. Duval Jacob B Perkinson
3 Plaintiff Bruce Reamer Individually and on behalf of all others similarly situated Brett M. Weaver Johnson Bottini, LLP 655 West Braodway Suite 1400 San Diego, CA (619) Fax: (619) Amber Lee Eck Dennis Johnson Eben F. Duval Jacob B Perkinson Wireless Facilities Inc Morrison and Foerster High Bluff Drive San Diego, CA (858) Fax: (858) tmarshall@mofo.com Eric M DeMarco Scott Anderson
4 Bandel Carano William Hoglund Scot Jarvis Laura L Siegal Carol A Clay Andrew Leitch Masood K Tayebi Nathaniel C Klein Howrey 4 Park Plaza Suite 1700 Irvine, CA (949) Fax: (949) kleinn@howrey.com Robert E Gooding, JR Howrey LLP 4 Park Plaza Suite 1700 Irvine, CA (949)
5 Fax: (949) Roman E Darmer, II Howrey LLP 4 Park Plaza Suite 1700 Irvine, CA (949) Fax: (949) DarmerR@howrey.com TERMINATED: 11/19/2007 Deanna Lund Dan Stokely William Owens Dave Garrison Terry Ashwill Gabriel Zuniga Reynoso Orrick, Herrington & Sutcliffe 405 Howard Street San Francisco, CA (415) Fax: (415) greynoso@orrick.com
6 James N Kramer Orrick Herrington & Sutcliffe LLP 405 Howard Street The Orrick Building San Francisco, CA (415) Fax: (415) jkramer@orrick.com Shirley Chang Orrick Herrington Sutcliffe LLP 405 Howard Street San Francisco, CA (415) Fax: (415) schang@orrick.com TERMINATED: 08/29/2007 David Lee Thomas Munro Massih Tayebi Nathaniel C Klein Robert E Gooding, JR Roman E Darmer, II
7 TERMINATED: 11/19/2007 Movant Michael Elcott Patrice Lyn Bishop Stull Stull and Brody Wilshire Boulevard Suite 2300 Los Angeles, CA (310) Fax: (310) Movant Hui-Wen Shiau Patrice Lyn Bishop Movant Zulema Soto Patrice Lyn Bishop Movant Wireless Facilities Investor Group Arthur L Shingler Movant Washington-Idaho Laborers-Employers Pension Trust Fund Keith F Park Coughlin Stoia Geller Rudman and Robbins 655 West Broadway Suite 1900 San Diego, CA (619) KeithP@csgrr.com Tricia L McCormick Coughlin Stoia Geller Rudman and Robbins
8 655 West Broadway Suite 1900 San Diego, CA (619) Fax: (619) Docket ProceedingsReverse Proceedings Req # Filed # Docket Text 1 Mar. 15, COMPLAINT against all defendants (Filing fee $ 350./#136137), filed by Brett Johnson. Jury demand(av1, ) (bar, ). (Entered: 03/20/2007) 2 Mar. 15, Summons Issued (av1, ) (Entered: 03/20/2007) 3 Mar. 15, NOTICE of Party With Financial Interest by Brett Johnson. (vet, ) (Entered: 03/20/2007) 4 May 07, Joint MOTION to Consolidate Cases ; Extending s' Time to Respond to Complaint; Document Preservation by Scot Jarvis, Laura L Siegal, Carol A Clay, Andrew Leitch, Masood K Tayebi, Deanna Lund, Dan Stokely, William Owens, Dave Garrison, Terry Ashwill, David Lee, Thomas Munro, Massih Tayebi, Brett Johnson, Wireless Facilities Inc, Eric M DeMarco, Scott Anderson, Bandel Carano, William Hoglund. (Marshall, Tyson) Modified on 5/8/2007 (low-number order prepared for 07cv616 and 07cv626 per chambers) (vet, ). (Entered: 05/07/2007) 5 May 18, MOTION Appointment as Lead Plaintiffs And for Appointment of Their Choice of Lead Counsel Pursuant To Section 21D of the Securities Exchange Act of 1934 by Michael Elcott, Hui-Wen Shiau, Zulema Soto. (Attachments: # 1 Memo of Points and Authorities In Support of Motion of Michael Elcott, Hui-Wen Shiau, and Zulema Soto for Appointment as Lead Plaintiffs And for Appointment of Their Choice of Lead Counsel Pursuant To Section 21D of the Securities Exchange Act of 1934# 2 Declaration of Patrice L. Bishop# 3 Exhibit to the Delcaration of Patrice L. Bishop)(Bishop, Patrice) (Entered: 05/18/2007) 6 May 18, MOTION to Consolidate Cases, Appoint Lead Plaintiffs, and Approve Selection of Lead Counsel by Plaintiff Brett Johnson. (Attachments: # 1 Memo of Points and Authorities # 2 Declaration # 3 [Proposed] Order filed by mistake)(shingler, Arthur) Modified on 5/21/2007 text(vet, ). (Entered: 05/18/2007) 7 May 18, MOTION for Order Appointing Washington-Idaho Laborers-Employers Pension Trust Fund as Lead Plaintiff and Approving Lead Plaintiff's Selection of Counsel by Washington-Idaho Laborers-Employers Pension Trust Fund. (Attachments: # 1 Memo of Points and Authorities # 2 Declaration of Tricia L. McCormick# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D)(McCormick, Tricia) (Entered: 05/18/2007) 8 May 21, CERTIFICATE OF SERVICE by Michael Elcott, Hui-Wen Shiau, Zulema Soto re 5 MOTION Appointment as Lead Plaintiffs And for Appointment of Their Choice of Lead Counsel Pursuant To Section 21D of the Securities Exchange Act of 1934 (Bishop, Patrice) (Entered: 05/21/2007) 9 May 21, ORDER granting 4 Motion to Consolidate Cases; extending defendants'
9 Req # Filed # Docket Text time to respond to complaint; document preservation. Civil Cases 07cv482-BTM(NLS), 07cv616-BTM(NLS), and 07cv626-BTM(NLS) are hereby consolidated under Master File No. 07cv482-BTM(NLS), which shall be captioned In re Wireless Facilities, Inc. Securities Litigation II. Signed by Judge Barry Ted Moskowitz on 5/21/07. (vet, ) (Entered: 05/21/2007) 10 May 22, NOTICE by Wireless Facilities Investor Group Notice of Hearing Date re Motions for Appointment of Lead Plaintiff and Approval of Selection of Lead Counsel (Shingler, Arthur) Modified on 5/23/2007 text (vet, ). (Entered: 05/22/2007) 11 Jun. 22, RESPONSE to Motion re 5 MOTION Appointment as Lead Plaintiffs And for Appointment of Their Choice of Lead Counsel Pursuant To Section 21D of the Securities Exchange Act of 1934, 6 MOTION to Consolidate Cases, Appoint Lead Plaintiffs, and Approve Selection of Lead Counsel, 7 MOTION for Order Appointing Washington-Idaho Laborers-Employers Pension Trust Fund as Lead Plaintiff and Approving Lead Plaintiff's Selection of Counsel filed by Scot Jarvis, Laura L Siegal, Carol A Clay, Andrew Leitch, Masood K Tayebi, Deanna Lund, Dan Stokely, William Owens, Dave Garrison, Terry Ashwill, David Lee, Thomas Munro, Massih Tayebi, Wireless Facilities Inc, Eric M DeMarco, Scott Anderson, Bandel Carano, William Hoglund. (Marshall, Tyson) (Entered: 06/22/2007) 12 Jun. 22, RESPONSE to Motion re 5 MOTION Appointment as Lead Plaintiffs And for Appointment of Their Choice of Lead Counsel Pursuant To Section 21D of the Securities Exchange Act of 1934 filed by Washington-Idaho Laborers-Employers Pension Trust Fund. (Attachments: # 1 Declaration)(McCormick, Tricia) (Entered: 06/22/2007) 13 Jun. 28, NOTICE by Washington-Idaho Laborers-Employers Pension Trust Fund of No Opposition to its Motion for Order Appointing Washington-Idaho Laborers-Employers Pension Trust Fund as Lead Plaintiff and Approving Lead Plaintiff's Selection of Counsel (McCormick, Tricia) (Entered: 06/28/2007) 14 Jul. 06, MINUTE ORDER submitting 5 Motion ; submitting 6 Motion to Consolidate Cases; submitting 7 Motion for Order (tml) (Entered: 07/06/2007) 15 Jul. 09, ORDER re: motions for appointment of lead counsel. Signed by Judge Barry Ted Moskowitz on 07/09/07. (jpp) (Entered: 07/09/2007) 16 Aug. 08, ORDER Appointing Washington-Idaho Laborers-Employers Pension Trust Fund as Lead Plaintiff, and Approving Lead Counsel. Signed by Judge Barry Ted Moskowitz on 8/8/07. (vet) (Entered: 08/08/2007) 17 Aug. 15, PRO HAC VICE APPOINTED: Dennis Johnson appearing for Plaintiffs Bruce Reamer, Brett Johnson, Laborers Local 190 Pension Fund. (vet) (Entered: 08/17/2007) 18 Aug. 15, PRO HAC VICE APPOINTED: Eben F. Duval appearing for Plaintiffs Bruce Reamer, Brett Johnson, Laborers Local 190 Pension Fund. (vet) (Entered: 08/17/2007) 19 Aug. 27, MOTION to Substitute Attorney Substitution of Attorney by Terry Ashwill. (Kramer, James) (Entered: 08/27/2007) 20 Aug. 27, CERTIFICATE OF SERVICE by Terry Ashwill re 19 MOTION to Substitute Attorney Substitution of Attorney Proof of Service (Kramer,
10 Req # Filed # Docket Text James) Modified on 8/28/ signature not in correct format; atty contacted (vet, ). (Entered: 08/27/2007) 21 Aug. 29, ORDER granting 19 Motion to Substitute Attorney. Added attorney James N Kramer for Terry Ashwill. Attorney terminated. Signed by Judge Barry Ted Moskowitz on 8/29/07. (vet) (Entered: 08/30/2007) 22 Sep. 15, NOTICE by Washington-Idaho Laborers-Employers Pension Trust Fund Notice of Firm Name Change (Dowd, Michael) Modified on 9/17/2007 atty notified re maintaining own address (vet, ). (Entered: 09/15/2007) 23 Sep. 15, NOTICE by Washington-Idaho Laborers-Employers Pension Trust Fund Notice of Firm Name Change (Dowd, Michael) Modified on 9/17/ document has the wrong case number; atty notified (vet, ). (Entered: 09/15/2007) 24 Sep. 26, Joint MOTION Proposed Briefing Schedule by Laborers Local 190 Pension Fund. (Duval, Eben) (joeh, ). (Entered: 09/26/2007) 25 Sep. 28, ORDER granting 24 Motion Regarding Stipulated Briefing Schedule: Consolidated complaint due 11/19/07. Answer, move to dismiss or otherwise respond due 1/18/2007. If defendants respond by motion, Lead Plaintiff's time to answer motion is extended to no later than 3/18/08 and defendants' time to submit reply is extended to no later than 4/17/08. Signed by Judge Barry Ted Moskowitz on 9/28/2007. (mjj) (Entered: 09/28/2007) 26 Oct. 01, NOTICE, Substitution of Attorney by Masood K Tayebi, Massih Tayebi (Klein, Nathaniel) Modified on 10/2/ atty notified that an order is needed for substitution(vet, ). (Entered: 10/01/2007) 27 Oct. 15, PRO HAC VICE APPOINTED: Jacob B Perkinson, Amber Lee Eck appearing for Plaintiffs Bruce Reamer, Brett Johnson and Laborers Local 190 Pension Fund. (vet) (Entered: 10/16/2007) 28 Nov. 19, ORDER Re Substitution of Counsel. Attorney Robert E Gooding, JR, Roman E Darmer, II and Nathaniel C Klein for s Masood K Tayebi and Massih Tayebi added. Attorney terminated. Signed by Judge Barry Ted Moskowitz on 11/19/07. (vet) (bar ). (Entered: 11/19/2007) 29 Nov. 19, AMENDED COMPLAINT with Jury Demand against all defendants, filed by Laborers Local 190 Pension Fund. (Attachments: # 1 Exhibit A (Certification))(Eck, Amber) (vet, ). (Entered: 11/19/2007) 30 Dec. 06, NOTICE of Change of Address by Nathaniel C Klein (Klein, Nathaniel) (vet, ). (Entered: 12/06/2007) 31 Dec. 21, Joint MOTION for Extension of Time to File Response/Reply Regarding Amended Complaint by Scot Jarvis, Laura L Siegal, Deanna Lund, Dan Stokely, Thomas Munro, Wireless Facilities Inc, Eric M DeMarco, Scott Anderson, Bandel Carano, William Hoglund. (Marshall, Tyson) (aje). (Entered: 12/21/2007) 32 Dec. 27, ORDER Granting 31 Joint MOTION for Extension of Time to File Response/Reply Regarding Amended Complaint: Wireless Facilities Inc, Deanna Lund, Bandel Carano, Eric M DeMarco, Scot Jarvis, Dan Stokely, Laura L Siegal, Masood K Tayebi, Massih Tayebi, Terry Ashwill, William Hoglund, Scott Anderson, Thomas Munro, answer due 2/18/2008. If s respond by motion, Plaintiff's answer due 4/17/08. s'
11 Req # Filed # Docket Text reply papers in support due 5/19/07. Signed by Judge Barry Ted Moskowitz on 12/26/2007. (mjj) (Entered: 12/27/2007) 33 Jan. 23, Joint MOTION for Extension of Time to File Response/Reply Regarding Modified Response Date to Amended Complaint by Scot Jarvis, Laura L Siegal, Deanna Lund, Dan Stokely, Thomas Munro, Wireless Facilities Inc, Eric M DeMarco, Scott Anderson, Bandel Carano, William Hoglund. (Marshall, Tyson) (vet, ). (Entered: 01/23/2008) 34 Jan. 24, ORDER granting Joint 33 Motion for Extension of Time to File Response to the Amended Complaint. The time for s to answer, move to dismiss, or otherwise respond to the Consolidated Complaint is extended to April 18, Responses due by 6/16/2008, Replies due by 7/18/2008. Signed by Judge Barry Ted Moskowitz on 1/24/08. (vet) (Entered: 01/25/2008) 35 Mar. 31, Joint MOTION to Stay Proceedings by Scot Jarvis, Laura L Siegal, Deanna Lund, Dan Stokely, Thomas Munro, Wireless Facilities Inc, Eric M DeMarco, Scott Anderson, Bandel Carano, William Hoglund. (Marshall, Tyson) (vet, ). (Entered: 03/31/2008) 36 Apr. 03, ORDER granting Joint 35 Motion to Stay Proceedings. Signed by Judge Barry Ted Moskowitz on 4/2/08. (vet) (Entered: 04/04/2008) 37 Jul. 25, NOTICE by Washington-Idaho Laborers-Employers Pension Trust Fund Consent to Exercise of Jurisdiction by a United States Magistrate Judge and Order of Reference (Park, Keith) Modified on 7/28/ sent re proposed order (mjj) (Entered: 07/25/2008) 38 Aug. 06, ORDER REFERRING CASE TO MAGISTRATE JUDGE for all further proceedings relating to the Settlement as set forth in the consent executed by the parties. Signed by Judge Barry Ted Moskowitz on 8/5/08. (All nonregistered users served via U.S. Mail Service).(vet) (Entered: 08/06/2008) 39 Aug. 08, Notice of Motion and Joint Motion for Preliminary Approval of Settlement by Washington-Idaho Laborers-Employers Pension Trust Fund. (Attachments: # 1 Memo of Points and Authorities in Support of Joint Motion for Preliminary Approval of Settlement, # 2 Stipulation of Settlement, # 3 Proof of Service)(Park, Keith) Modified on 8/11/ clarify text (vet). (Entered: 08/08/2008) 40 Aug. 26, ORDER Regarding Hearing on Joint MOTION for Preliminary Approval of Settlement: The court finds the joint motion suitable for decision without oral argument pursuant to Local Civil Rule 7.1(d)(1). The hearing for this motion is taken off-calendar and this matter is taken under submission. ***The parties are reminded that they must file a joint motion to lift the stay in this case. (ecp) (Entered: 08/26/2008) 41 Sep. 03, ORDER granting 39 Motion for Preliminary approval of settlement; granting 41 Motion for order lifting the stay of proceedingssigned by Magistrate Judge Nita L. Stormes on 9/3/08. (av1) (Entered: 09/05/2008) 42 Sep. 04, Joint MOTION for Order Lifting the Stay of Proceedings by Washington- Idaho Laborers-Employers Pension Trust Fund. (Attachments: # 1 Proof of Service)(Park, Keith) (Entered: 09/04/2008) 43 Oct. 07, MOTION for Attorney Fees and Expenses, MOTION for Settlement and Plan of Allocation of Settlement Proceeds by Washington-Idaho Laborers- Employers Pension Trust Fund. (Attachments: # 1 Memo of Points and Authorities in Support of Lead Plaintiff's Motion for Final Approval of
12 Req # Filed # Docket Text Class Action Settlement and Plan of Allocation of Settlement Proceeds, # 2 Memo of Points and Authorities in Support of Lead Counsel's Application for an Award of Attorneys' Fees and Expenses, # 3 Declaration Joint Declaration of Michael J. Dowd and Jacob B. Perkinson, # 4 Declaration by Bjorn I. Steinholt, CFA, # 5 Declaration of Keith F. Park Filed on Behalf of Coughlin Stoia Geller Rudman & Robbins LLP, # 6 Declaration of Jacob B. Perkinson Filed on Behalf of Johnson & Perkinson, # 7 Declaration of Carole K. Sylvester of Gilardi & Co. LLC, # 8 Proof of Service)(Park, Keith) (Entered: 10/07/2008) 44 Nov. 17, RESPONSE in Support re 43 MOTION for Attorney Fees and Expenses MOTION for Settlement and Plan of Allocation of Settlement Proceeds Lead Plaintiff's Supplemental Memorandum filed by Washington-Idaho Laborers-Employers Pension Trust Fund. (Attachments: # 1 Declaration of Carole K. Sylvester of Gilardi & Co. LLC, # 2 Proof of Service)(Park, Keith) (Entered: 11/17/2008) 45 Nov. 19, RESPONSE in Support re 43 MOTION for Attorney Fees and Expenses MOTION for Settlement and Plan of Allocation of Settlement Proceeds s' Memorandum of Points and Authorities in Support of Final Approval of Class Action Settlement filed by Scot Jarvis, Laura L Siegal, Deanna Lund, Dan Stokely, Thomas Munro, Wireless Facilities Inc, Eric M DeMarco, Scott Anderson, Bandel Carano, William Hoglund. (Attachments: # 1 Declaration in Support of Final Approval of Settlement)(Marshall, Tyson) (Entered: 11/19/2008) 46 Dec. 02, NOTICE of Hearing: Status Hearing/Class Action Final Fairness Hearing set for 12/3/ :30 PM in Courtroom F before Magistrate Judge Nita L. Stormes. (gep) (Entered: 12/02/2008) 47 Dec. 03, Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes:A Status Hearing/Class Action Final Fairness Hearing was held on 12/3/2008. Order to follow.(aet) (Entered: 12/03/2008) 48 Dec. 19, ORDER granting 43 Motion for Attorney Fees, Costs and Expenses; granting 43 Motion for Final Approval of Class Action Settlement and Plan of Allocation; Directing Entry of Final Judgment and Dismissal With Prejudice. Signed by Judge Nita L. Stormes on 12/19/08. (kaj) (Entered: 12/22/2008) 49 Dec. 19, Final Judgment and Order of Dismissal With Prejudice; the Court hereby awards Plaintiff's Lead Counsel attorneys' fees of 25% of the Full Settlement Amount ($1,125,000), and expenses in an aggregate amount of $135,371.85, together with the interest earned thereon for the same time period and at the same rate as earned on the Full Settlement Amount until paid. Signed by Judge Nita L. Stormes on 12/19/08. (kaj) (Entered: 12/22/2008)
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