US District Court Civil Docket as of 10/29/2004 Retrieved from the court on Monday, August 01, 2005 U.S. District Court Western District of Pennsylvania (Erie) CIVIL DOCKET FOR CASE #: 1:00-cv-00323-SJM THE EZRA CHARITABLE, et al v. RENT-WAY INC.,, et al Assigned to: Judge Sean J. McLaughlin Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 10/31/2000 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff THE EZRA CHARITABLE TRUST on behalf of itself and all others similarly situated represented by Alfred G. Yates, Jr. Law Offices of Alfred G. Yates, Jr. 429 Forbes Avenue 519 Allegheny Building Pittsburgh, PA 15219 (412) 391-5164 V. Consol Plaintiff JAMIE HANDLER Individually and on behalf of all others similarly situated represented by Alfred G. Yates, Jr. Gerald L. Rutledge Law Offices of Alfred G. Yates, Jr. 429 Forbes Avenue 519 Allegheny Building Pittsburgh, PA 15219 (412) 391-5164 Email: yateslaw@aol.com H. Yale Gutnick Strassburger, McKenna, Gutnick & Potter Four Gateway Center 444 Liberty Avenue Suite 2200 Pittsburgh, PA 15222
(412) 281-5423 Fax: (412) 281-8264 Email: ygutnick@smgplaw.com Marc I. Gross Pomerantz, Haudek, Block & Grossman & Gross 100 Park Avenue New York, NY 10017-5516 (212) 661-1100 Grossman & Gross One North LaSalle Street Suite 2225 Chicago, IL 60602-3908 (312) 377-1181 Paul T. Curley Pomerantz, Haudek, Block & Grossman & Gross 100 Park Avenue New York, NY 10017-5516 (212) 661-1100 Stanley M. Grossman Pomerantz, Haudek, Block & Grossman & Gross 100 Park Avenue New York, NY 10017-5516 (212) 661-1100 Consol Plaintiff JOHN LIPARI On behalf of himself and all others similarly situated represented by Alfred G. Yates, Jr.
Alicia M. Duff Berman, DeValerio, Pease, Tabacco, Burt & Pucillo One Liberty Square 8th Floor Boston, MA 02109 (617) 542-8300 Charles J. Piven Law Offices of Charles Piven The World Trade Center 401 East Pratt Street Suite 2525 Baltimore, MD 21202 (410) 332-0030 Gerald L. Rutledge H. Yale Gutnick Jeffrey C. Block Berman, DeValerio, Pease, Tabacco, Burt & Pucillo One Liberty Square 8th Floor Boston, MA 02109 (617) 542-8300 Marc I. Gross Michael G. Lange Berman, DeValerio, Pease, Tabacco, Burt & Pucillo One Liberty Square 8th Floor
Boston, MA 02109 (617) 542-8300 Patrick V. Dahlstrom Paul T. Curley Stanley M. Grossman Consol Plaintiff GREGG C. DAVIS Individually and on behalf of all others similarly situated represented by Alfred G. Yates, Jr. Consol Plaintiff ROBERTA CASDEN Individually and on behalf of all others similarly situated represented by Alfred G. Yates, Jr. Consol Plaintiff JEFF R. SORENSON Individually and on behalf of all others similarly situated represented by Alfred G. Yates, Jr. Consol Plaintiff KENNETH KAMHOLZ Individually and on behalf of all others similarly situated represented by Alfred G. Yates, Jr. Daniel E. Bacine Barrack, Rodos & Bacine
2001 Market Street 3300 Two Commerce Square Philadelphia, PA 19103 (215) 963-0600 Gerald Rodos Barrack, Rodos & Bacine 2001 Market Street 3300 Two Commerce Square Philadelphia, PA 19103 (215) 963-0600 Gerald L. Rutledge H. Yale Gutnick Marc I. Gross Patrick V. Dahlstrom Paul T. Curley Robert A. Hoffman Barrack, Rodos & Bacine 2001 Market Street 3300 Two Commerce Square Philadelphia, PA 19103 (215) 963-0600
Stanley M. Grossman Consol Plaintiff FRANK BOSCH Individually and on behalf of all others similarly situated represented by Alfred G. Yates, Jr. David A. Searles Donovan Searles 1845 Walnut Street Suite 1100 Philadelphia, PA 19103 (215) 732-6067 Gerald L. Rutledge H. Yale Gutnick Marc I. Gross Michael D. Donovan Chemicles & Tikellis 361 West Lancaster Avenue One Haverford Centre Haverford, PA 19041 (215) 642-8500 Patrick V. Dahlstrom
Paul T. Curley Stanley M. Grossman Consol Plaintiff RICHARD WASSERMAN Individually and on behalf of all others similarly situated represented by Marc I. Gross Patrick V. Dahlstrom Sherrie R. Savett Berger & Montague 1622 Locust Street Philadelphia, PA 19103-6365 (215) 875-3000 Stanley M. Grossman Todd S. Collins Berger & Montague 1622 Locust Street Philadelphia, PA 19103-6365 (215) 875-3000 Consol Plaintiff C. GILBERT SHAPIRO represented by Todd S. Collins
Consol Plaintiff GOODE & ALLEN PENSION PLAN represented by Todd S. Collins Consol Plaintiff RENEE CATALDE represented by Todd S. Collins Consol Plaintiff MEISROW ASSET MANAGEMENT represented by Bruce W. Bernard Bernard, Stuczynski & Bonanti 234 West Sixth Street Erie, PA 16507-1319 (814) 452-6232 Solomon B. Cera Gold, Bennett, Cera & Sidener, LLP 595 Market Street Suite 2300 San Francisco, CA 94105-2835 (415) 777-2230 Consol Plaintiff CRAMER ROSENTHAL LEAD PLAINTIFF represented by Bruce W. Bernard Solomon B. Cera Consol Plaintiff TAYLOR CAPITAL MANAGEMENT, Individually and on behalf of all otheres similarly situated represented by Alfred G. Yates, Jr.
Consol Plaintiff FLORIDA STATE BOARD OF ADMINISTRATION represented by James D. McDonald The McDonald Group, L.L.P. P.O. Box 1757 456 West Sixth Street Erie, PA 16507-1757 (814) 456-5318 Fax: (814) 456-3840 Email: jmcdonald@tmgattys.com V. Defendant RENT-WAY INC., represented by Kevin M. Kearney Hodgson Russ One M&T Plaza Suite 2000 Buffalo, NY 14203-2391 (716) 856-4000 Defendant JEFFREY A. CONWAY represented by Bryan D. Kocher Jones Day One Mellon Center 31st Floor Pittsburgh, PA 15219 (412) 391-3939 Paul M. Pohl Jones Day One Mellon Center 31st Floor Pittsburgh, PA 15219 (412) 391-3939 Email: pmpohl@jonesday.com
Defendant MATTHEW J. MARINI represented by MATTHEW J. MARINI 6018 Cobblestone Drive Erie, PA 16509 PRO SE Frederick W. Thieman Thieman & Ward 436 Seventh Avenue 2312 Koppers Building Pittsburgh, PA 15219 (412) 395-1245 Fax: (412) 395-1246 Email: fwt@thiemanward.com TERMINATED: 01/22/2004 Defendant WILLIAM E. MORGENSTERN represented by John L. Oberdorfer Patton Boggs 2550 M Street, N.W. Washington, DC 20037 (202) 457-6000 Kevin M. Kearney TERMINATED: 01/24/2001 Lanny Davis Patton Boggs 2550 M Street, N.W. Washington, DC 20037 (202) 457-6000 Timothy M. Sennett Knox, McLaughlin, Gornall & Sennett 120 West Tenth Street Erie, PA 16501 (814) 459-2800
Defendant WILLIAM A. MCDONNELL represented by Kevin M. Kearney TERMINATED: 01/24/2001 Robert N. Rapp Calfee, Halter & Griswold 800 Superior Avenue 1400 McDonald Investment Center Cleveland, OH 44114 (216) 622-8200 Movant HAROLD L. GROGAN represented by Jeffrey M. Haber Wechsler Harwood 488 Madison Avenue 8th Floor New York, NY 10022 (212) 935-7400 Timothy J. MacFall Bernstein, Liebhard & Lifshitz 10 East 40th Street New York, NY 10016 (212) 779-1414 Movant WILLIAM R. LATIMAR represented by Jeffrey M. Haber Timothy J. MacFall
Defendant PRICEWATER HOUSE COOPERS, LLP. represented by Robert J. Kopecky Kirkland & Ellis 200 East Randolph Drive Chicago, IL 60601 (312) 861-2000 T. Warren Jones MacDonald, Illig, Jones & Britton 100 State Street Suite 700 Erie, PA 16507-1459 (814) 870-7650 Email: tjones@mijb.com Date Filed # Docket Text 10/31/2000 1 COMPLAINT; jury demand Filing Fee $ 150.00 Receipt # 438 (nk) (Entered: 11/02/2000) 11/07/2000 SUMMONS(ES) issued for RENT-WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI (nk) (Entered: 11/07/2000) 12/01/2000 2 JOINT MOTION by THE EZRA CHARITABLE, RENT-WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI to Extend Time with Proposed Order. (nk) (Entered: 12/04/2000) 12/05/2000 ORDER upon motion granting [0-0] order ( signed by Judge Sean J. McLaughlin on 12/5/00 ) CM all parties of record. (nk) (Entered: 12/05/2000) 01/02/2001 3 MOTION by THE EZRA CHARITABLE to Consolidate Cases with Proposed Order. (nk) (Entered: 01/02/2001) 01/02/2001 4 MOTION by THE EZRA CHARITABLE for appointment of Florida State Board of Administrations as lead Plaintiff and approval of lead plaintiffs choice of counsel with Proposed Order. (nk) (Entered: 01/02/2001) 01/02/2001 5 AFFIDAVIT by ROBERT A. HOFFMAN Re: [4-1] motion for appointment of Florida State Board of Administrations as lead Plaintiff and approval of lead plaintiffs choice of counsel by THE EZRA CHARITABLE (nk) (Entered: 01/02/2001) 01/02/2001 6 BRIEF by THE EZRA CHARITABLE in support of [3-1] motion to Consolidate Cases by THE EZRA CHARITABLE (nk) (Entered: 01/02/2001)
01/02/2001 7 BRIEF by THE EZRA CHARITABLE in support of [4-1] motion for appointment of Florida State Board of Administrations as lead Plaintiff and approval of lead plaintiffs choice of counsel by THE EZRA CHARITABLE (nk) (Entered: 01/02/2001) 01/02/2001 8 MOTION by THE EZRA CHARITABLE to appoint MEISROW ASSET MANAGEMENT as Lead plaintiff and to approve its selection of counsel as lead counsel and to consolidate all related actions. with Proposed Order. (nk) (Entered: 01/02/2001) 01/02/2001 9 DECLARATION by THE EZRA CHARITABLE Paul F. Bennett Re: [8-1] motion to appoint MEISROW ASSET MANAGEMENT as Lead plaintiff and to approve its selection of counsel as lead counsel and to consolidate all related actions. by THE EZRA CHARITABLE (nk) (Entered: 01/02/2001) 01/02/2001 10 MOTION by THE EZRA CHARITABLE to appoint cramer Rosenthal McGlynn LLC as lead plaintiff, to approve its selection of counsel as lead counsel and to consolidate all related actions with Proposed Order. (nk) (Entered: 01/03/2001) 01/02/2001 13 MOTION to Consolidate Cases, Appoint Lead Plaintiffs and appoint their selection or lead counsel with Proposed Order. (nk) (Entered: 01/08/2001) 01/02/2001 14 BRIEF in support of [11-1] motion to Consolidate Cases and appoint Sherleigh as lead Plaintiff and for approval of lead counsel (nk) (Entered: 01/08/2001) 01/02/2001 15 AFFIDAVIT by Timothy J. MacFall, Esq. Re: [11-1] motion to Consolidate Cases and appoint Sherleigh as lead Plaintiff and for approval of lead counsel (nk) (Entered: 01/08/2001) 01/03/2001 11 MOTION to Consolidate Cases and appoint Sherleigh as lead Plaintiff and for approval of lead counsel with Proposed Order. (nk) (Entered: 01/04/2001) 01/03/2001 12 BRIEF in support of [11-1] motion to Consolidate Cases and appoint Sherleigh as lead Plaintiff and for approval of lead counsel (nk) Modified on 10/01/2001 (Entered: 01/04/2001) 01/11/2001 ORDER upon motion granting [3-1] motion to Consolidate Cases, Consolidating Cases CA 00-325 E, CA 00-326 E, CA 00-328 E, CA 00-335 E, CA 00-336 E, CA 00-344 E, CA 00-345 E ( signed by Judge Sean J. McLaughlin on 1/11/01 ) CM all parties of record. (nk) (Entered: 01/12/2001) 01/11/2001 16 Status Conference held on 1/11/01 at 9:40 AM before Judge Sean J. McLaughlin. Cramer & Rosenthal will file a Declaration that supports, within ten (10) days, their intention that they sustained 10.4 million dollar loss. If a dispute still exists, then a hearing will be set. Any party should file a Brief in Support of their Motion to exclude, within ten (10) days, the party who is moved against will respond with their Brief. Argument/Hearing will be set afterward. Motion to Consolidate Document #33 is Granted. [ Reporter: Ronald Bench ] (nk) Modified on 01/24/2001 (Entered: 01/12/2001) 01/12/2001 Consolidated Lead Case (nk) (Entered: 01/12/2001) 01/18/2001 17 DECLARATION Michael J. Marrone (nk) (Entered: 01/19/2001)
01/19/2001 18 NOTICE of Attorney Appearance for WILLIAM E. MORGENSTERN by Timothy M. Sennett (nk) (Entered: 01/22/2001) 01/29/2001 19 DECLARATION of Steven O. Sidener (nk) (Entered: 01/29/2001) 01/29/2001 20 BRIEF by CRAMER ROSENTHAL MCGLYNN, L.L.C.'S in opposition to [4-1] motion for appointment of Florida State Board of Administrations as lead Plaintiff and approval of lead plaintiffs choice of counsel by THE EZRA CHARITABLE (nk) Modified on 01/29/2001 (Entered: 01/29/2001) 01/29/2001 21 JOINDER by MESIROW ASSET MANAGEMENT COMPANY to CRAMER ROSENTHAL MCGLYNN, L.L.C.'S brief in opposition document #20. (nk) Modified on 03/02/2001 (Entered: 01/29/2001) 01/29/2001 22 BRIEF by FLORIDA STATE BOARD OF ADMINISTRATION'S in opposition to [8-1] motion to appoint MEISROW ASSET MANAGEMENT as Lead plaintiff and to approve its selection of counsel as lead counsel and to consolidate all related actions. by THE EZRA CHARITABLE, [10-1] motion to appoint cramer Rosenthal McGlynn LLC as lead plaintiff, to approve its selection of counsel as lead counsel and to consolidate all related actions by THE EZRA CHARITABLE (nk) Modified on 03/02/2001 (Entered: 01/29/2001) 01/29/2001 23 AFFIDAVIT by GARY EIBEN Re: [22-1] brief in opposition (nk) (Entered: 01/29/2001) 01/29/2001 24 BRIEF in support of Motion to appoint Harold L. Grogan and William R. Latimer Lead Plaintiff. (nk) (Entered: 01/30/2001) 01/29/2001 25 BRIEF by SHERLEIGH in opposition to [4-1] motion for appointment of Florida State Board of Administrations as lead Plaintiff and approval of lead plaintiffs choice of counsel by THE EZRA CHARITABLE (nk) (Entered: 01/30/2001) 02/01/2001 26 Hearing on Motion re: [8-1] motion to appoint MEISROW ASSET MANAGEMENT as Lead plaintiff and to approve its selection of counsel as lead counsel and to consolidate all related actions. by THE EZRA CHARITABLE set for 9:00 AM on 3/1/01 before the Honorable Judge Sean J. McLaughlin, [4-1] motion for appointment of Florida State Board of Administrations as lead Plaintiff and approval of lead plaintiffs choice of counsel by THE EZRA CHARITABLE set for 9:00 3/1/01, [10-1] motion to appoint Cramer Rosenthal McGlynn LLC as lead plaintiff, to approve its selection of counsel as lead counsel and to consolidate all related actions by THE EZRA CHARITABLE set for 9:00 3/1/01 (nk) Modified on 02/05/2001 (Entered: 02/01/2001) 02/07/2001 27 DECLARATION Kenneth Grossman (nk) (Entered: 02/07/2001) 02/07/2001 28 DECLARATION Steven O. Sidener (nk) (Entered: 02/07/2001) 02/07/2001 29 DECLARATION Joseph M. Barton (nk) (Entered: 02/07/2001) 02/07/2001 30 BRIEF in support of [8-1] motion to appoint MEISROW ASSET MANAGEMENT as Lead plaintiff and to approve its selection of counsel as lead counsel and to consolidate all related actions. by THE EZRA CHARITABLE (nk) (Entered: 02/07/2001)
02/07/2001 31 BRIEF in support of [10-1] motion to appoint cramer Rosenthal McGlynn LLC as lead plaintiff, to approve its selection of counsel as lead counsel and to consolidate all related actions by THE EZRA CHARITABLE (nk) (Entered: 02/07/2001) 02/08/2001 32 NOTICE of Attorney Appearance for RENT-WAY INC., by Kevin M. Kearney (nk) (Entered: 02/08/2001) 02/08/2001 33 BRIEF by SHERIEIGH in opposition to [4-1] motion for appointment of Florida State Board of Administrations as lead Plaintiff and approval of lead plaintiffs choice of counsel by THE EZRA CHARITABLE. And in Further support of the Sherleigh Associates Motion for appointment as lead plaintiff. (nk) (Entered: 02/12/2001) 02/08/2001 34 BRIEF in support of [4-1] motion for appointment of Florida State Board of Administrations as lead Plaintiff and approval of lead plaintiffs choice of counsel by THE EZRA CHARITABLE (nk) (Entered: 02/12/2001) 02/08/2001 35 SUPPLEMENT to [23-1] affidavit by GARY EIBEN (nk) (Entered: 02/12/2001) 02/28/2001 36 DECLARATION of Steven O. Sidener (nk) Modified on 02/28/2001 (Entered: 02/28/2001) 03/01/2001 37 Hearing on Motions held on 3/1/01 at 9:10 AM before the Honorable Judge Sean J. McLaughlin re: [11-1] motion to Consolidate Cases and appoint Sherleigh as lead Plaintiff and for approval of lead counsel, [8-1] motion to appoint MEISROW ASSET MANAGEMENT as Lead plaintiff and to approve its selection of counsel as lead counsel and to consolidate all related actions. by THE EZRA CHARITABLE, [4-1] motion for appointment of Florida State Board of Administrations as lead Plaintiff and approval of lead plaintiffs choice of counsel by THE EZRA CHARITABLE, [13-1] motion to Consolidate Cases, Appoint Lead Plaintiffs and appoint their selection or lead counsel, [10-1] motion to appoint cramer Rosenthal McGlynn LLC as lead plaintiff, to approve its selection of counsel as lead counsel and to consolidate all related actions by THE EZRA CHARITABLE. Motions are under advisement. [ Reporter: Ronald Bench] (nk) (Entered: 03/01/2001) 03/07/2001 38 NOTICE of Attorney Appearance for WILLIAM A. MCDONNELL by Robert N. Rapp (nk) (Entered: 03/07/2001) 03/07/2001 39 NOTICE of Attorney Appearance for JEFFREY A. CONWAY by Bryan D. Kocher, Paul M. Pohl (nk) (Entered: 03/08/2001) 03/09/2001 40 MEMORANDUM OPINION, Appointing Cramer Rosenthal as Lead Plaintiff, Cramer Rosenthal's Selection of Gold Bennett Cera & Sidener LLP is approved. granting [10-1] motion to appoint cramer Rosenthal McGlynn LLC as lead plaintiff, to approve its selection of counsel as lead counsel and to consolidate all related actions denying [11-1] motion to Consolidate Cases and appoint Sherleigh as lead Plaintiff and for approval of lead counsel, denying [13-1] motion to Consolidate Cases, Appoint Lead Plaintiffs and appoint their selection or lead counsel, denying [4-1] motion for appointment of Florida State Board of Administrations as lead Plaintiff and approval of lead plaintiffs choice of counsel, denying [8-1] motion to appoint MEISROW ASSET MANAGEMENT as Lead plaintiff and to approve its selection of counsel as lead counsel and to consolidate
all related actions. ( signed by Judge Sean J. McLaughlin on 3/9/01 ) CM all parties of record. (nk) (Entered: 03/12/2001) 03/14/2001 41 ORDER, that all consolidated cases are closed and all pleadings shall be filed at this lead case., Motion Filing deadline to 4/9/01, Response to Motion deadline set to 5/4/01 ( signed by Judge Sean J. McLaughlin on 3/14/01 ) CM all parties of record. (nk) (Entered: 03/14/2001) 03/21/2001 42 NOTICE of Entry of Order by CRAMER ROSENTHAL (nk) Modified on 03/22/2001 (Entered: 03/21/2001) 04/05/2001 43 JOINT MOTION by THE EZRA CHARITABLE, RENT-WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI, JAMIE HANDLER, JOHN LIPARI, GREGG C. DAVIS, ROBERTA CASDEN, JEFF R. SORENSON, KENNETH KAMHOLZ, FRANK BOSCH, RICHARD WASSERMAN, C. GILBERT SHAPIRO, GOODE & ALLEN PENSIO, RENEE CATALDE, WILLIAM E. MORGENSTERN, WILLIAM A. MCDONNELL, HARRY S. KELLER JR., MEISROW ASSET MANAGE, CRAMER ROSENTHAL, TAYLOR CAPITAL MANAG, FLORIDA STATE BOARD, HAROLD L. GROGAN, WILLIAM R. LATIMAR for adoption of stipulated pretrial order no. 1 with Proposed Order. (nk) (Entered: 04/05/2001) 04/05/2001 ORDER upon motion granting [43-1] joint motion for adoption of stipulated pretrial order no. 1. The consolidated cases shall henceforth be identified as: In Re Rent-Way Securities Litigation, Civil Action No. 00-323 Erie. Every pleading hereinafter filed in the consolidated actions shall bear the caption stated in Page 2 of Order. When a pleading is intended to apply to all of the consolidated action, the words "All Actions" shall appear after the words "This document relates to." When a pleading applies to only one or more of the consolidated actions, the name and docket number for the individual action(s) to which it applies shall appear immediately after the words "this document relates to." Lead Plaintiff shall file and serve an Amended Consolidated Class Action Complaint ("Complaint") within 20 days after defendant Rent-Way, Inc. files with the Securities and Exchange Commission its Form 10-K for the year ended September 30, 2000 ("the Form 10- K filing"). Defendant Rent-Way, Inc. shall notify Lead Plaintiff's Counsel of the filing of the Form 10-K for the year ended September 30, 2000 by facsimile letter transmission within twenty-four (24) hours of the filing having been made. The Complaint shall be deemed the operative complaint, superseding all complaints filed in any of the consolidated actions. Defendants shall have 30 days after the filing and service of the Complaint to answer or otherwise respond. If any Defendant files a motion directed to the Complaint, Lead Plaintiff shall file its opposition thereto within 30 days after filing and service of the moving papers, and reply papers shall be filed within 20 days after filing and service of the oposition papers. The date for argument on any motions directed to the Complaint shall be set by the Court. Lead Plaintiff shall file and serve its motion for class certification within 30 days after the Court has decided all motions directed to the Complaint. The parties shall have 40 days after the filing and service of the class certification motion to complete discovery regarding class certification. Defendants shall then have 10 days following the conclusion of this discovery period to file and serve any opposiition to the clas certification motion. Lead Plaintiff shall file and serve its reply papers within 20 days after the filing and service of the opposition. The date
for argument on Lead Plaintiff's motion for class certification shall be set by the Court. Service of pleadings and other papers by Lead Plaintiff shall be made on counsel for all Defendants. Service of pleadings and other papers by Defendants shall be made on counsel for Lead Plaintiff only and need not be made on counsel for the other plaintiffs in the consolidated actions. Counsel for Lead Plaintiff shall be responsible for serving copies of orders, pleadings, and other papers on counsel for all other plaintiffs as may be ordered by the Court or as counsel for Lead Plaintiff deems necessary. More fully stated in Order. ( signed by Judge Sean J. McLaughlin on 4/5/01 ) CM all parties of record. (nk) (Entered: 04/10/2001) 04/10/2001 44 NOTICE of Entry of Order by CRAMER ROSENTHAL (nk) (Entered: 04/11/2001) 07/20/2001 45 Stipulation by RENT-WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI, WILLIAM E. MORGENSTERN, WILLIAM A. MCDONNELL Extending Time with proposed order. (nk) (Entered: 07/20/2001) 07/20/2001 ORDER upon motion granting [45-1] stipulation Extending Time ( signed by Judge Sean J. McLaughlin on 7/20/01 ) CM all parties of record. (nk) (Entered: 07/20/2001) 07/26/2001 46 NOTICE OF CHANGE OF ADDRESS for Patrick V. Dahlstrom. (nk) (Entered: 07/27/2001) 09/19/2001 47 Stipulation by THE EZRA CHARITABLE, RENT-WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI, JAMIE HANDLER, JOHN LIPARI, GREGG C. DAVIS, ROBERTA CASDEN, JEFF R. SORENSON, KENNETH KAMHOLZ, FRANK BOSCH, RICHARD WASSERMAN, C. GILBERT SHAPIRO, GOODE & ALLEN PENSIO, RENEE CATALDE, WILLIAM E. MORGENSTERN, WILLIAM A. MCDONNELL, HARRY S. KELLER JR., MEISROW ASSET MANAGE, CRAMER ROSENTHAL, TAYLOR CAPITAL MANAG, FLORIDA STATE BOARD, HAROLD L. GROGAN, WILLIAM R. LATIMAR for pretrial order no. 3 with proposed order. (nk) (Entered: 09/19/2001) 09/19/2001 ORDER upon motion granting [47-1] stipulation for pretrial order no. 3 ( signed by Judge Sean J. McLaughlin on 9/19/01 ) CM all parties of record. (nk) (Entered: 09/20/2001) 09/24/2001 48 NOTICE of Attorney Appearance for MATTHEW J. MARINI by Frederick W. Thieman (nk) (Entered: 09/24/2001) 09/27/2001 49 NOTICE of Entry of Order by HARRY S. KELLER JR., MEISROW ASSET MANAGE, CRAMER ROSENTHAL, TAYLOR CAPITAL MANAG, FLORIDA STATE BOARD (nk) (Entered: 09/27/2001) 10/05/2001 50 AMENDED COMPLAINT by THE EZRA CHARITABLE, JAMIE HANDLER, JOHN LIPARI, GREGG C. DAVIS, ROBERTA CASDEN, JEFF R. SORENSON, KENNETH KAMHOLZ, FRANK BOSCH, RICHARD WASSERMAN, C. GILBERT SHAPIRO, GOODE & ALLEN PENSIO, RENEE CATALDE, HARRY S. KELLER JR., MEISROW ASSET MANAGE, CRAMER ROSENTHAL, TAYLOR CAPITAL MANAG, FLORIDA STATE BOARD (Answer due 10/19/01 for WILLIAM A. MCDONNELL, for WILLIAM E. MORGENSTERN, for MATTHEW J. MARINI, for JEFFREY A. CONWAY, for
RENT-WAY INC., ) amending [1-1] complaint added defendant PRICEWATER HOUSE COO (nk) (Entered: 10/05/2001) 10/05/2001 SUMMONS(ES) issued for PRICEWATER HOUSE COO (nk) (Entered: 10/05/2001) 10/15/2001 51 NOTICE of ADDRESS CHANGE FOR MICHAEL D. DONOVAN AND DAVID A. SEARLES attorney for FRANK BOSCH (nk) (Entered: 10/18/2001) 10/22/2001 52 RETURN OF SERVICE executed as to PRICEWATER HOUSE COO 10/16/01 Answer due on 11/5/01 for PRICEWATER HOUSE COO (nk) (Entered: 10/23/2001) 11/14/2001 53 Stipulation by THE EZRA CHARITABLE, RENT-WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI, JAMIE HANDLER, JOHN LIPARI, GREGG C. DAVIS, ROBERTA CASDEN, JEFF R. SORENSON, KENNETH KAMHOLZ, FRANK BOSCH, RICHARD WASSERMAN, C. GILBERT SHAPIRO, GOODE & ALLEN PENSIO, RENEE CATALDE, WILLIAM E. MORGENSTERN, WILLIAM A. MCDONNELL, HARRY S. KELLER JR., MEISROW ASSET MANAGE, CRAMER ROSENTHAL, TAYLOR CAPITAL MANAG, FLORIDA STATE BOARD, HAROLD L. GROGAN, WILLIAM R. LATIMAR, PRICEWATER HOUSE COO proposed Pre-trial Order with proposed order. (nk) (Entered: 11/14/2001) 11/14/2001 ORDER upon motion granting [53-1] stipulation proposed Pre-trial Order, Reset Answer deadline to 12/7/01 for PRICEWATER HOUSE COO, for WILLIAM R. LATIMAR, for HAROLD L. GROGAN, for FLORIDA STATE BOARD, for TAYLOR CAPITAL MANAG, for CRAMER ROSENTHAL, for MEISROW ASSET MANAGE, for HARRY S. KELLER JR., for WILLIAM A. MCDONNELL, for WILLIAM E. MORGENSTERN, for RENEE CATALDE, for GOODE & ALLEN PENSIO, for C. GILBERT SHAPIRO, for RICHARD WASSERMAN, for FRANK BOSCH, for KENNETH KAMHOLZ, for JEFF R. SORENSON, for ROBERTA CASDEN, for GREGG C. DAVIS, for JOHN LIPARI, for JAMIE HANDLER, for MATTHEW J. MARINI, for JEFFREY A. CONWAY, for RENT-WAY INC., for THE EZRA CHARITABLE, Brief in Opposition for Plaintiff deadline set to 1/18/02, Reset Reply Brief deadline to 2/15/02 ( signed by Judge Sean J. McLaughlin on 11/14/01 ) CM all parties of record. (nk) (Entered: 11/14/2001) 11/23/2001 54 NOTICE of Proposed Order by JAMIE HANDLER, JOHN LIPARI, GREGG C. DAVIS, ROBERTA CASDEN, JEFF R. SORENSON, KENNETH KAMHOLZ, FRANK BOSCH, RICHARD WASSERMAN, C. GILBERT SHAPIRO, GOODE & ALLEN PENSIO, RENEE CATALDE, HARRY S. KELLER JR., MEISROW ASSET MANAGE, CRAMER ROSENTHAL, TAYLOR CAPITAL MANAG, FLORIDA STATE BOARD (nk) (Entered: 11/23/2001) 12/05/2001 55 MOTION by WILLIAM E. MORGENSTERN for Lanny Davis and John Oberdorfer to Appear Pro Hac Vice Filing Fee $ 80.00 Receipt # 02-103 & 02-132 with Proposed Order. (nk) (Entered: 12/06/2001) 12/06/2001 65 BRIEF by MATTHEW J. MARINI in support of Motion to Stay. (nk) (Entered: 12/10/2001)
12/06/2001 66 MOTION by MATTHEW J. MARINI to Stay with Proposed Order. (nk) (Entered: 12/10/2001) 12/06/2001 ORDER upon motion granting [55-1] motion for Lanny Davis and John Oberdorfer to Appear Pro Hac Vice Filing Fee $ 80.00 Receipt # 02-103 & 02-132 ( signed by Judge Sean J. McLaughlin on 12/5/01 ) CM all parties of record. (nk) (Entered: 12/10/2001) 12/07/2001 56 MOTION by PRICEWATER HOUSE COO to Dismiss the amended consolidated class action complaint with Proposed Order. (nk) (Entered: 12/10/2001) 12/07/2001 57 BRIEF by PRICEWATER HOUSE COO in support of [56-1] motion to Dismiss the amended consolidated class action complaint by PRICEWATER HOUSE COO (nk) (Entered: 12/10/2001) 12/07/2001 58 MOTION by WILLIAM E. MORGENSTERN to Dismiss the amended consolidated class action complaint with Proposed Order. (nk) (Entered: 12/10/2001) 12/07/2001 59 BRIEF by WILLIAM E. MORGENSTERN in support of [58-1] motion to Dismiss the amended consolidated class action complaint by WILLIAM E. MORGENSTERN (nk) (Entered: 12/10/2001) 12/07/2001 60 MOTION by RENT-WAY INC., to Dismiss with Proposed Order. (nk) (Entered: 12/10/2001) 12/07/2001 61 BRIEF by RENT-WAY INC., in support of [60-1] motion to Dismiss by RENT- WAY INC., (nk) (Entered: 12/10/2001) 12/07/2001 62 MOTION with Brief in Support by WILLIAM A. MCDONNELL to Dismiss (nk) (Entered: 12/10/2001) 12/07/2001 63 MOTION by JEFFREY A. CONWAY to Dismiss Plaintiff's Amended Complaint with Proposed Order. (nk) (Entered: 12/10/2001) 12/07/2001 64 BRIEF by JEFFREY A. CONWAY in support of [63-1] motion to Dismiss Plaintiff's Amended Complaint by JEFFREY A. CONWAY (nk) (Entered: 12/10/2001) 12/14/2001 67 NOTICE of Attorney Appearance for PRICEWATER HOUSE COO by Price Waterhouse Coopers, LLP (nk) (Entered: 12/14/2001) 12/19/2001 68 Hearing on Motion held on 12/18/01 at 9:05 am re: [66-1] motion to Stay by MATTHEW J. MARINI [ Reporter: Ron Bench] Motion to Stay, document #66 Granted in part and Denied in part. All discovery against Defendant Marini stayed for a period of five months. At conclusion of this time court will re-examine whether stay should continue. During stay any party may bring to the courts attention information making lifting the stay appropriate. Atty. Thieman may participate in discovery during stay. Motions that he files will not be deemed a waiver. (nk) (Entered: 12/19/2001) 12/19/2001 69 MOTION by MATTHEW J. MARINI to Dismiss the amended class action complaint with Proposed Order. (nk) (Entered: 12/20/2001) 01/14/2002 70 Stipulation by THE EZRA CHARITABLE, RENT-WAY INC., JEFFREY A.
CONWAY, MATTHEW J. MARINI, JAMIE HANDLER, JOHN LIPARI, GREGG C. DAVIS, ROBERTA CASDEN, JEFF R. SORENSON, KENNETH KAMHOLZ, FRANK BOSCH, RICHARD WASSERMAN, C. GILBERT SHAPIRO, GOODE & ALLEN PENSIO, RENEE CATALDE, WILLIAM E. MORGENSTERN, WILLIAM A. MCDONNELL, HARRY S. KELLER JR., MEISROW ASSET MANAGE, CRAMER ROSENTHAL, TAYLOR CAPITAL MANAG, FLORIDA STATE BOARD, HAROLD L. GROGAN, WILLIAM R. LATIMAR, PRICEWATER HOUSE COO for pretrial order with proposed order. (nk) (Entered: 01/14/2002) 01/14/2002 ORDER upon motion granting [70-1] stipulation for pretrial order, Response to Motion set to 2/1/02 for [69-1] motion to Dismiss the amended class action complaint, set to 2/1/02 (3-1] motion to Dismiss Plaintiff's Amended Complaint, set to 2/1/02 for [62-1] motion to Dismiss, set to 2/1/02 for [60-1] motion to Dismiss, set to 2/1/02 for [58-1] motion to Dismiss the amended consolidated class action complaint, set to 2/1/02 for [56-1] motion to Dismiss the amended consolidated class action complaint, br Brief in Support set to 3/1/02 for [69-1] motion to Dismiss the amended class action complaint, set to 3/1/02 for [63-1] motion to Dismiss Plaintiff's Amended Complaint, set to 3/1/02 for [62-1] motion to Dismiss, set to 3/1/02 for [60-1] motion to Dismiss, set to 3/1/02 for [58-1] motion to Dismiss the amended consolidated class action complaint, set to 3/1/02 for [56-1] motion to Dismiss the amended consolidated class action complaint ( signed by Judge Sean J. McLaughlin on 1/14/02 ) CM all parties of record. (nk) Modified on 01/14/2002 (Entered: 01/14/2002) 01/23/2002 71 NOTICE of ENTRY OF ORDER by CRAMER ROSENTHAL (nk) (Entered: 01/24/2002) 02/01/2002 72 BRIEF by THE EZRA CHARITABLE in opposition to [56-1] motion to Dismiss the amended consolidated class action complaint by PRICEWATER HOUSE COOPERS (nk) (Entered: 02/01/2002) 02/01/2002 73 BRIEF by THE EZRA CHARITABLE in opposition to [69-1] motion to Dismiss the amended class action complaint by MATTHEW J. MARINI, [63-1] motion to Dismiss Plaintiff's Amended Complaint by JEFFREY A. CONWAY, [62-1] motion to Dismiss by WILLIAM A. MCDONNELL, [60-1] motion to Dismiss by RENT- WAY INC., [58-1] motion to Dismiss the amended consolidated class action complaint by WILLIAM E. MORGENSTERN (nk) (Entered: 02/01/2002) 03/08/2002 74 BRIEF by RENT-WAY INC., in support of [60-1] motion to Dismiss by RENT- WAY INC., (nk) (Entered: 03/08/2002) 03/08/2002 75 BRIEF by WILLIAM A. MCDONNELL in support of [62-1] motion to Dismiss by WILLIAM A. MCDONNELL (nk) (Entered: 03/08/2002) 03/08/2002 76 BRIEF by PRICEWATER HOUSE COO in support of [56-1] motion to Dismiss the amended consolidated class action complaint by PRICEWATER HOUSE COO (nk) (Entered: 03/08/2002) 03/08/2002 77 EXHIBITS/COMPENDIUM OF UNREPORTED DECISIONS by PRICEWATER HOUSE COO in support of [76-1] support brief by PRICEWATER HOUSE COO (nk) (Entered: 03/08/2002)
03/08/2002 78 BRIEF by WILLIAM E. MORGENSTERN in support of [58-1] motion to Dismiss the amended consolidated class action complaint by WILLIAM E. MORGENSTERN (nk) (Entered: 03/11/2002) 03/08/2002 79 REPLY/BRIEF by JEFFREY A. CONWAY in support of [63-1] motion to Dismiss Plaintiff's Amended Complaint by JEFFREY A. CONWAY (nk) (Entered: 03/11/2002) 03/15/2002 80 Oral Argument/Hearing on Motion re: [69-1] motion to Dismiss the amended class action complaint by MATTHEW J. MARINI set for 9:00 4/9/02, [63-1] motion to Dismiss Plaintiff's Amended Complaint by JEFFREY A. CONWAY set for 9:00 4/9/02, [62-1] motion to Dismiss by WILLIAM A. MCDONNELL set for 9:00 4/9/02, [60-1] motion to Dismiss by RENT-WAY INC., set for 9:00 4/9/02, [58-1] motion to Dismiss the amended consolidated class action complaint by WILLIAM E. MORGENSTERN set for 9:00 4/9/02, [56-1] motion to Dismiss the amended consolidated class action complaint by PRICEWATER HOUSE COO set for 9:00 4/9/02 (nk) (Entered: 03/18/2002) 03/29/2002 81 BRIEF by PRICEWATER HOUSE COO in support of [56-1] motion to Dismiss the amended consolidated class action complaint by PRICEWATER HOUSE COO (nk) (Entered: 03/29/2002) 04/04/2002 82 Status Conference held on 4/4/02 at 3:00 P.M. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] (nk) (Entered: 04/05/2002) 04/09/2002 83 Hearing on Motion held re: [69-1] motion to Dismiss the amended class action complaint by MATTHEW J. MARINI, [63-1] motion to Dismiss Plaintiff's Amended Complaint by JEFFREY A. CONWAY, [62-1] motion to Dismiss by WILLIAM A. MCDONNELL, [60-1] motion to Dismiss by RENT-WAY INC., [58-1] motion to Dismiss the amended consolidated class action complaint by WILLIAM E. MORGENSTERN, [56-1] motion to Dismiss the amended consolidated class action complaint by PRICEWATER HOUSE COO [ Reporter: Ron Bench] Motions taken under advisement (nk) (Entered: 04/10/2002) 05/22/2002 84 TRANSCRIPT of Hearing on Defendant's Motions to Dismiss for date of 4/9/02. Court Reporter: Ron Bench. (nk) (Entered: 05/22/2002) 07/11/2002 85 MEMORANDUM OPINION AND ORDER denying [69-1] motion to Dismiss the amended class action complaint, denying [63-1] motion to Dismiss Plaintiff's Amended Complaint, denying [60-1] motion to Dismiss, denying [58-1] motion to Dismiss the amended consolidated class action complaint, denying [56-1] motion to Dismiss the amended consolidated class action complaint granting in part, denying in part [62-1] motion to Dismiss ( signed by Judge Sean J. McLaughlin on 7/11/02 ) CM all parties of record. (nk) (Entered: 07/11/2002) 07/18/2002 86 NOTICE of ENTRY OF ORDER by CRAMER ROSENTHAL, McGlynn LLC and all otheres similarly situtated (nk) (Entered: 07/18/2002) 07/29/2002 87 Stipulation by THE EZRA CHARITABLE, RENT-WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI, JAMIE HANDLER, JOHN LIPARI, GREGG C. DAVIS, ROBERTA CASDEN, JEFF R. SORENSON, KENNETH KAMHOLZ, FRANK BOSCH, RICHARD WASSERMAN, C. GILBERT SHAPIRO, GOODE & ALLEN PENSIO, RENEE CATALDE, WILLIAM E.
MORGENSTERN, WILLIAM A. MCDONNELL, HARRY S. KELLER JR., MEISROW ASSET MANAGE, CRAMER ROSENTHAL, TAYLOR CAPITAL MANAG, FLORIDA STATE BOARD, HAROLD L. GROGAN, WILLIAM R. LATIMAR, PRICEWATER HOUSE COO Extending Time with proposed order. (nk) (Entered: 07/29/2002) 07/29/2002 ORDER upon motion granting [87-1] stipulation Extending Time until 8/9/02 to file and serve its response to the Amended Consolidated Class Action Complaint ( signed by Judge Sean J. McLaughlin on 7/29/02 ) CM all parties of record. (nk) (Entered: 07/29/2002) 08/09/2002 88 ANSWER to Amended Consolidated Complaint by WILLIAM A. MCDONNELL (Attorney Robert Rapp ) (nk) (Entered: 08/09/2002) 08/09/2002 89 ANSWER and AFFIRMATIVE DEFENSES by RENT-WAY INC., (Attorney Robert J. Lane) (nk) (Entered: 08/09/2002) 08/09/2002 90 ANSWER AND AFFIRMATIVE DEFENSES by PRICEWATER HOUSE COO (Attorney T. Warren Jones ) (nk) (Entered: 08/09/2002) 08/09/2002 91 ANSWER and AFFIRMATIVE DEFENSES by WILLIAM E. MORGENSTERN (Attorney Timothy M. Sennett) (nk) (Entered: 08/09/2002) 08/09/2002 92 ANSWER to Complaint by JEFFREY A. CONWAY (Attorney Bryan D. Kocher) (nk) (Entered: 08/12/2002) 08/09/2002 93 ANSWER to Complaint by MATTHEW J. MARINI (Attorney Thieman ) (nk) (Entered: 08/12/2002) 08/12/2002 94 PRELIMINARY SCHEDULING ORDER, Set Case Management Conference for 10:00 a.m. on 9/26/02 ( signed by Judge Sean J. McLaughlin on 8/12/02 ) CM all parties of record. (nk) (Entered: 08/12/2002) 08/13/2002 95 JOINT MOTION by RENT-WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI, WILLIAM E. MORGENSTERN, WILLIAM A. MCDONNELL, PRICEWATER HOUSE COO for adoption of stipulated pretrial order no. 7 with Proposed Order. (nk) (Entered: 08/13/2002) 08/14/2002 ORDER upon motion granting [95-1] joint motion for adoption of stipulated pretrial order no. 7, Reset Motion Filing deadline to 9/16/02, Reset Discovery deadline to 11/15/02, Response to Motion Reset to 11/27/02, Brief in Support of Motion Reset 12/20/02 ( signed by Judge Sean J. McLaughlin on 8/14/02 ) CM all parties of record. (nk) (Entered: 08/14/2002) 09/16/2002 96 MOTION by THE EZRA CHARITABLE for class certification with Proposed Order. (nk) (Entered: 09/16/2002) 09/16/2002 97 BRIEF by THE EZRA CHARITABLE in support of [96-1] motion for class certification by THE EZRA CHARITABLE (nk) (Entered: 09/16/2002) 09/16/2002 98 DECLARATION by THE EZRA CHARITABLE by Solomon B. Cera Re: [96-1] motion for class certification by THE EZRA CHARITABLE (nk) (Entered: 09/16/2002) 09/23/2002 99 PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by RENT-WAY INC.,
(nk) (Entered: 09/23/2002) 09/23/2002 100 Memorandum of Points & Authorities in support of Defendants, Rent-Way Inc., proposed Discovery plan. (nk) (Entered: 09/23/2002) 09/23/2002 101 PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by THE EZRA CHARITABLE (nk) (Entered: 09/23/2002) 09/26/2002 102 Status Conference held on 9/26/02 at 10:00 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Defendant's Case Management Order is accepted to the extent set forth on the record. (nk) (Entered: 09/26/2002) 09/26/2002 103 CASE MANAGEMENT ORDER setting Discovery cutoff on 11/15/02 ; Joining of parties amending of pleadings by 10/15/02 ; ( signed by Judge Sean J. McLaughlin on 9/26/02 ) CM all parties of record. (nk) (Entered: 09/26/2002) 09/26/2002 CASE DESIGNATED to Track 2. (nk) (Entered: 09/26/2002) 11/12/2002 104 TRANSCRIPT of STATUS CONFERENCE for date of 9/26/02 held before the Honorable Judge Sean J. McLaughlin. Court Reporter: Ron Bench. (nk) (Entered: 11/12/2002) 11/14/2002 105 Stipulation and Proposed Pretrial Order by THE EZRA CHARITABLE, RENT- WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI, JAMIE HANDLER, JOHN LIPARI, GREGG C. DAVIS, ROBERTA CASDEN, JEFF R. SORENSON, KENNETH KAMHOLZ, FRANK BOSCH, RICHARD WASSERMAN, C. GILBERT SHAPIRO, GOODE & ALLEN PENSIO, RENEE CATALDE, WILLIAM E. MORGENSTERN, WILLIAM A. MCDONNELL, HARRY S. KELLER JR., MEISROW ASSET MANAGE, CRAMER ROSENTHAL, TAYLOR CAPITAL MANAG, FLORIDA STATE BOARD, HAROLD L. GROGAN, WILLIAM R. LATIMAR, PRICEWATER HOUSE COO Extending Time with proposed order. (nk) (Entered: 11/14/2002) 11/15/2002 ORDER upon motion granting [105-1] stipulation Extending Time ( signed by Judge Sean J. McLaughlin on 11/15/02 ) CM all parties of record. (nk) (Entered: 11/15/2002) 11/15/2002 106 TRANSCRIPT of HEARING ON APPOINTMENT OF LEAD PLAINTIFF for date of 3/1/01 held before the Honorable Judge Sean J. McLaughlin. Court Reporter: Ron Bench. (nk) (Entered: 11/15/2002) 12/26/2002 107 Stipulation by CRAMER ROSENTHAL Extending Time with proposed order. (nk) (Entered: 12/26/2002) 12/31/2002 ORDER upon motion granting [107-1] stipulation Extending Time, Reset Discovery deadline to 1/31/03, Brief in Opposition deadline Reset to 2/18/03, Reset Reply Brief deadline to 3/11/03, signed by Judge Sean J. McLaughlin on 12/31/02 ) CM all parties of record. (nk) (Entered: 01/02/2003) 01/29/2003 108 Stipulation by THE EZRA CHARITABLE, RENT-WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI, JAMIE HANDLER, JOHN LIPARI, GREGG C. DAVIS, ROBERTA CASDEN, JEFF R. SORENSON, KENNETH KAMHOLZ, FRANK BOSCH, RICHARD WASSERMAN, C. GILBERT SHAPIRO, GOODE & ALLEN PENSIO, RENEE CATALDE, WILLIAM E.
MORGENSTERN, WILLIAM A. MCDONNELL, HARRY S. KELLER JR., MEISROW ASSET MANAGE, CRAMER ROSENTHAL, TAYLOR CAPITAL MANAG, FLORIDA STATE BOARD, HAROLD L. GROGAN, WILLIAM R. LATIMAR, PRICEWATER HOUSE COO Extending Time with proposed order. (nk) (Entered: 01/29/2003) 01/30/2003 ORDER upon motion granting [108-1] stipulation Extending Time, Reset Discovery deadline to 2/24/03, Brief in Opposition set to 3/17/03 for [96-1] motion for class certification, Brief in Support set to 4/8/03 for [96-1] motion for class certification, The date for any argument on Lead Plaintiff's motion for class certification shall be set by the Court., No further extension ( signed by Judge Sean J. McLaughlin on 1/30/03 ) CM all parties of record. (nk) (Entered: 01/30/2003) 03/02/2003 110 Stipulation by RENT-WAY INC., JEFFREY A. CONWAY, MATTHEW J. MARINI, WILLIAM E. MORGENSTERN, WILLIAM A. MCDONNELL, CRAMER ROSENTHAL, PRICEWATER HOUSE COO for Protective Order with proposed order. (nk) (Entered: 03/20/2003) 03/14/2003 109 MOTION by WILLIAM E. MORGENSTERN to Extend Time with Proposed Order. (nk) (Entered: 03/17/2003) 03/17/2003 ORDER upon motion granting [109-1] motion to Extend Time, Brief in Opposition set to 3/24/03 for [96-1] motion for class certification ( signed by Judge Sean J. McLaughlin on 3/17/03 ) CM all parties of record. (nk) (Entered: 03/17/2003) 03/20/2003 ORDER upon motion granting [110-1] stipulation for Protective Order ( signed by Judge Sean J. McLaughlin on 3/20/03 ) CM all parties of record. (nk) (Entered: 03/20/2003) 03/20/2003 111 Status Conference held on 3/20/03 at 11:50 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Defendants Rent-Way, Morgantern & McDonnell and Conway have settled in principle subject to the completion of the provisions of F.R.C.P. Rule 23. Another Status Conference will be scheduled for March 26 or 27, 2003. (nk) Modified on 03/21/2003 (Entered: 03/21/2003) 03/21/2003 112 MOTION by WILLIAM E. MORGENSTERN to Extend Time with Proposed Order. (nk) (Entered: 03/21/2003) 03/24/2003 ORDER upon motion granting [112-1] motion to Extend Time, Brief in Opposition set to 3/31/03 for [96-1] motion for class certification ( signed by Judge Sean J. McLaughlin on 3/24/03 ) CM all parties of record. (nk) (Entered: 03/24/2003) 03/24/2003 114 BRIEF by PRICEWATER HOUSE COO in opposition to [96-1] motion for class certification by THE EZRA CHARITABLE (nk) (Entered: 03/27/2003) 03/24/2003 115 EXHIBITS by PRICEWATER HOUSE COO in support of [114-1] brief in opposition by PRICEWATER HOUSE COO (nk) (Entered: 03/27/2003) 03/27/2003 113 Status Conference held on 3/27/03 at 3:00 p.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Reply Brief to defendant Price Waterhouse due 4/22/03; Defendant Marini will not file a brief in opposition to class certification. PW Brief in Opposition and Compendium not filed under seal. Motion for preliminary Approval of Settlement within 30 days. (nk) (Entered: 03/27/2003)
03/27/2003 Deadline updated; Set Reply Brief deadline to 4/22/03 (nk) (Entered: 03/27/2003) 04/22/2003 116 SUPPLEMENT by THE EZRA CHARITABLE to [98-1] by Solomon B. Cera, THE EZRA CHARITABLE (nk) (Entered: 04/22/2003) 04/22/2003 117 BRIEF by THE EZRA CHARITABLE in support of [96-1] motion for class certification by THE EZRA CHARITABLE (nk) (Entered: 04/22/2003) 04/22/2003 118 DECLARATION by THE EZRA CHARITABLE Elizabeth Coley Re: [96-1] motion for class certification by THE EZRA CHARITABLE (nk) (Entered: 04/22/2003) 04/22/2003 119 CERTIFICATE OF SERVICE by THE EZRA CHARITABLE (nk) (Entered: 04/22/2003) 04/28/2003 120 DECLARATION by WILLIAM A. MCDONNELL (nk) (Entered: 04/28/2003) 04/28/2003 121 DECLARATION of Ronald McGlynn Re: [96-1] motion for class certification by THE EZRA CHARITABLE (nk) (Entered: 04/28/2003) 04/28/2003 122 PROOF OF SERVICE of Stipulation and agreement of settlement with Rent-Way Settling Defendants, Proposed preliminary order in connection with settlement proceedings, Lead Plaintiff's notice of motion, Lead Plaintiff's Memorandum in support of motion, Declaration of William A. McDonnell, Declaration of Ronald McGlynn. (nk) (Entered: 04/28/2003) 04/28/2003 123 Stipulation and Agreement by THE EZRA CHARITABLE of settlement with Rent-way settleing defendants with proposed order. (nk) (Entered: 04/28/2003) 04/28/2003 124 MOTION by THE EZRA CHARITABLE for preliminary approval of proposed settlement with Rent-Way settleing Defendants with Proposed Order. (nk) (Entered: 04/28/2003) 05/27/2003 125 TRANSCRIPT of Status Conference for date of 3/27/03 before the Honorable Judge Sean J. McLaughlin. Court Reporter: Ron Bench. (nk) (Entered: 05/27/2003) 05/27/2003 126 RESPONSE by PRICEWATER HOUSE COO to [124-1] motion for preliminary approval of proposed settlement with Rent-Way settleing Defendants by THE EZRA CHARITABLE (nk) (Entered: 05/28/2003) 05/27/2003 127 REPLY/RESPONSE by MATTHEW J. MARINI to [124-1] motion for preliminary approval of proposed settlement with Rent-Way settleing Defendants by THE EZRA CHARITABLE (nk) (Entered: 05/28/2003) 06/05/2003 128 Hearing on Motion held on 6/5/03 at 11:00 a.m. re: [124-1] motion for preliminary approval of proposed settlement with Rent-Way settleing Defendants by THE EZRA CHARITABLE [ Reporter: Annette Seager] Motion for Preliminary Approval Settlement is GRANTED. (nk) (Entered: 06/05/2003) 06/05/2003 129 PRELIMINARY ORDER IN CONNECTION WITH SETTLEMENT PROCEEDINGS, Set A Hearing (The "Settlement Fairness Hearing") is scheduled to be held before the Court on 9/12/03 at 9:00 a.m. for the following purposes, Plaintiff's Counsel shall cause the Class Notice and the Proof of Claim, substantially in the forms annexed hereto, to be mailed, by first class mail, postage prepaid, on or before 6/25/03, to all Class Members who can be identified with
reasonable effort by Plaintiff's Counsel as more fully stated in Order, A properly executed Proof of Claim, substantially in the form attached hereto as Exhibit 2, must be submitted to the Claims Administrator, at the Post Office Box indicated in the Class Notice, postmarked no later than 10/23/03 as more fully stated in Order, A class member wishing to make such request shall mail the request in written form no later than 8/4/03 as more fully stated, The Court will consider comments and/or objections to the settlement as more fully stated in Order ( signed by Judge Sean J. McLaughlin on 6/5/03 ) CM all parties of record. (nk) (Entered: 06/06/2003) 06/05/2003 130 ORDER, Oral Argument Motion Hearing set for 9:00 a.m. on 7/23/03 for [96-1] motion for class certification, Brief in Opposition set to 6/19/03 for [96-1] motion for class certification, Reset Reply Brief deadline to 6/26/03 ( signed by Judge Sean J. McLaughlin on 6/5/03 ) CM all parties of record. (nk) Modified on 06/06/2003 (Entered: 06/06/2003) 06/10/2003 131 SUR-REPLY/RESPONSE by PRICEWATER HOUSE COO to [117-1] support brief by THE EZRA CHARITABLE (nk) (Entered: 06/10/2003) 06/11/2003 132 NOTICE of Entry of Preliminary Order in Connection with Settlemetn proceedings by CRAMER ROSENTHAL (nk) (Entered: 06/11/2003) 06/23/2003 133 RESPONSE by RENT-WAY INC., to [96-1] motion for class certification by THE EZRA CHARITABLE (nk) (Entered: 06/24/2003) 06/26/2003 134 BRIEF by THE EZRA CHARITABLE in support of [96-1] motion for class certification by THE EZRA CHARITABLE (nk) (Entered: 06/26/2003) 07/03/2003 135 RESPONSE by PRICEWATER HOUSE COO to [134-1] support brief by THE EZRA CHARITABLE (nk) (Entered: 07/07/2003) 07/07/2003 136 TRANSCRIPT of Scheduling Conference for date of 6/5/03 held before the Honorable Judge Sean J. McLaughlin. Court Reporter: Annette Seager. (nk) (Entered: 07/07/2003) 07/23/2003 137 Hearing on Motion held on 7/23/03 at 9:00 a.m. re: [96-1] motion for class certification by THE EZRA CHARITABLE. Document #96 is Under Advisement [ Reporter: Ron Bench] (nk) (Entered: 07/24/2003) 07/24/2003 138 SUPPLEMENT by PRICEWATER HOUSE COO to [115-1] exhibits by PRICEWATER HOUSE COO (nk) (Entered: 07/24/2003) 07/24/2003 139 SUPPLEMENT by PRICEWATER HOUSE COO to [115-1] exhibits by PRICEWATER HOUSE COO (nk) (Entered: 07/24/2003) 08/01/2003 140 OBJECTIONS/INTENTION TO BE HEARD WITH ARGUMENT AND SUPPORTING MEMORANDUM OF LAW by HARRY S. KELLER JR., (nk) (Entered: 08/01/2003) 08/11/2003 141 OBJECTIONS and INTENTION TO BE HEARD AT SETTLEMENT by FRANK E. WATERS (nk) (Entered: 08/11/2003) 08/11/2003 142 MOTION by FRANK E. WATERS for Douglas Cole to Appear Pro Hac Vice Filing Fee $ 40.00 Receipt # 03-506 with Proposed Order. (nk) (Entered: 08/11/2003)
08/14/2003 ORDER upon motion granting [142-1] motion for Douglas Cole to Appear Pro Hac Vice Filing Fee $ 40.00 Receipt # 03-506 ( signed by Judge Sean J. McLaughlin on 8/14/03 ) CM all parties of record. (nk) (Entered: 08/14/2003) 08/18/2003 143 TRANSCRIPT of HEARING ON PALINTIFF'S MOTION FOR CLASS CERTIFICATION held before the Honorable Judge Sean J. McLaughlin for date of 7/23/03. Court Reporter: Ron Bench. (nk) (Entered: 08/18/2003) 08/19/2003 144 MOTION by THE EZRA CHARITABLE for Attorney Fees and reimbursement of expenses with Proposed Order. (nk) (Entered: 08/19/2003) 08/19/2003 145 NOTICE of by THE EZRA CHARITABLE of application and application for attorneys' fees and reimbursement of expenses (nk) (Entered: 08/19/2003) 08/19/2003 146 DECLARATION by Solomon B. Cera Re: [144-1] motion for Attorney Fees and reimbursement of expenses by THE EZRA CHARITABLE (nk) (Entered: 08/19/2003) 08/19/2003 148 DECLARATION by THE EZRA CHARITABLE Cheryl Washington Re: Mailing of notice of pendency of class action and publication of summary notice. (nk) (Entered: 08/19/2003) 08/19/2003 147 MOTION by THE EZRA CHARITABLE for final approval of settlement with Rent-way settling Defendants and for Approval of plan of allocation of settlement proceeds (nk) Modified on 08/19/2003 (Entered: 08/19/2003) 08/19/2003 149 BRIEF by THE EZRA CHARITABLE in support of [147-1] motion for final approval of settlement with Rent-way settling Defendants and for Approval of plan of allocation of settlement proceeds by THE EZRA CHARITABLE (nk) (Entered: 08/19/2003) 08/19/2003 150 CERTIFICATE OF SERVICE by THE EZRA CHARITABLE (nk) (Entered: 08/19/2003) 09/03/2003 151 REPLY/RESPONSE by FRANK E. WATERS to [146-1] by Solomon B. Cera (nk) (Entered: 09/03/2003) 09/09/2003 152 Hearing on Request held on 9/9/03 at 2:00 p.m. [ Reporter: Ron Bench] Mr. Cole will appear telephonically on Friday, 9/12/03. (nk) (Entered: 09/09/2003) 09/09/2003 153 MEMORANDUM OPINION and ORDER granting [96-1] motion for class certification ( signed by Judge Sean J. McLaughlin on 9/9/03 ) CM all parties of record. (nk) (Entered: 09/10/2003) 09/10/2003 154 Fee petition of Counsel for objector Harry J. Keller, Jr., (nk) (Entered: 09/10/2003) 09/11/2003 157 MOTION/NOTICE by FRANK E. WATERS for Attorney Fees with Proposed Order. (nk) (Entered: 09/15/2003) 09/12/2003 155 SUPPLEMENT by THE EZRA CHARITABLE to [146-1] by Solomon B. Cera (nk) (Entered: 09/12/2003) 09/12/2003 156 MOTION by HARRY S. KELLER JR., for Nicholas M. Fausto to Appear Pro Hac Vice Filing Fee $ 40.00 Receipt # 03-554 with Proposed Order. (nk) (Entered: 09/12/2003)