US District Court Civil Docket as of 03/18/2002 Retrieved from the court on Tuesday, August 02, 2005 U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 00-CV-2028 In re Mitek Sys Inc., et al v., et al Filed: 10/11/00 Assigned to: Judge M. James Lorenz Jury demand: Plaintiff Referred to: Magistrate Judge Anthony J. Battaglia Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:78m(a) Securities Exchange Act JERRY KRAUSS, on behalf of Darren Jay Robbins himself and all others (619)231-7423 similarly situated Milberg Weiss Bershad Hynes and Lerach 401 B Street Suite 1700 San Diego, CA 92101 (619)231-1058 ALEX KATSNELSON, on behalf of himself and all others similarly situated JOHN KULLE Darren Jay Robbins Darren Jay Robbins R D PRICE Francis Michael Gregorek (619)234-4599 Wolf Haldenstein Adler Freeman and Herz 750 B Street Symphony Towers Suite 2770 San Diego, CA 92101-5050 (619)239-4599 JERRY JACOBS Michael David Braun (310)209-2087
Stull Stull and Brody 10940 Wilshire Boulevard Suite 2300 Los Angeles, CA 90024-3907 (310)209-2468 GLORIA LANE Darren Jay Robbins WATSON INVESTMENT PARTNERS William S Lerach (619)231-7423 Milberg Weiss Bershad Hynes and Lerach 401 B Street Suite 1700 San Diego, CA 92101 (619)231-1058 TIM ROLLMAN William S Lerach v. MITEK SYSTEMS, INC. Luce Forward Hamilton and Scripps 600 West Broadway Suite 2600 San Diego, CA 92101-3391 (619)236-1414 (619)744-3685 Luce Forward Hamilton and Scripps 600 West Broadway Suite 2600 San Diego, CA 92101-3391 (619)699-2514 WILLIAM BOERSING JOHN M THORNTON
DENNIS A BRITTAIN NOEL FLYNN JAMES DEBELLO DOCKET PROCEEDINGS DATE # DOCKET ENTRY 10/11/00 1 Complaint Filed; (referred to Magistrate Judge Larry A. Burns) Receipt No/Amt of Fee: #64779/$150; Jury demand (bjr) [Entry date 10/11/00] 10/11/00 2 Summons issued (bjr) [Entry date 10/11/00] 10/12/00 3 Minutes: Enter Order by Magistrate Judge Larry A. Burns recusing himself from the case and reassigning the case to another judge; Case referred to Magistrate Judge Anthony J. Battaglia; Court Reporter: n/a (ryc) [Entry date 10/16/00] 10/19/00 4 Return of Service of summons and cmp executed upon
defendant John M Thornton on behalf of Mitek Systems Inc, defendant William Boersing, defendant John M Thornton on 10/13/00 by personal svc (ryc) [Entry date 10/20/00] 11/6/00 5 Stipulation and Order Re Defendants' Time To Respond To Complaint by Judge Napoleon A. Jones (ryc) [Entry date 11/07/00] 11/30/00 6 Proof of service by Jerry Krauss of: stipulation and order re: dfts' time to respond to cmp (ryc) [Entry date 12/01/00] 12/11/00 7 Notice of Motion and Motion by to appoint Watson Investment Partners and Tim Rollman as lead and to approve lead pla's choice of lead cnsl [motion(s) referred to Judge Napoleon A. Jones] motion hrg set for 2/12/01 at 10:30 a.m. (ryc) [Entry date 12/12/00] 12/11/00 8 Memorandum of points and authorities by in support of motion to appoint Watson Investment Partners and Tim Rollman as lead [7-1], in support of motion to approve lead pla's choice of lead cnsl [7-2] (ryc) [Entry date 12/12/00] 12/11/00 9 Notice of Motion and Motion by s to consolidate case related actions for violations of the Securities Exchange Act of 1934 [motion referred to Judge Napoleon A. Jones] motion hrg set for 2/12/01 at 10:30 a.m. (ryc) [Entry date 12/12/00] [Edit date 12/12/00] 12/11/00 10 Memorandum of points and authorities by s in support of motion to consolidate case related actions for of the Securities Exchange Act of 1934 [9-1] (ryc) [Entry date 12/12/00] [Edit date 12/12/00] 12/11/00 11 Declaration of Spencer A. Burkholz by s in support of motion to consolidate case related actions for violations of the Securities Exchange Act of 1934 [9-1] (ryc) [Entry date 12/12/00] [Edit date 12/12/00] 12/15/00 12 Proof of service by of: stipulation and order re dfts' time to respond to cmp upon cnsl for s and dfts on 12/15/00 by U.S. mail (ryc) [Entry date 12/18/00] 12/18/00 13 DISCREPANCY ORDER by Judge Napoleon A. Jones accepting document: motion from Jerry Krauss, non-compliance with local rule 5.1.j.4, the document is to be filed nunc pro tunc to the date received (ryc) [Entry date 12/19/00]
12/18/00 14 Amended Notice of Motion and Motion by Jerry Krauss, Alex Katsnelson to consolidate related actions for violations of the Securities Exchange Act of 1934 [motion referred to Judge Napoleon A. Jones] motion set for 2/12/01 at 10:30 a.m. (ryc) [Entry date 12/19/00] 12/18/00 15 Amended Memorandum of points and authorities by Jerry Krauss, Alex Katsnelson in support of motion to consolidate related actions for violations of the Exchange Act of 1934 [14-1] (ryc) [Entry date 12/19/00] 12/18/00 16 Motion by Jerry Krauss, Alex Katsnelson for the consolidation of related actions, for the appointment of Wesley O. Brustad and Allyn P. Deininger as lead s and for appointment of counsel [motion(s) referred to Judge Napoleon A. Jones] no motion hrg date set (nunc pro tunc to 12/11/00) (ryc) [Entry date 12/19/00] 12/18/00 17 Memo of p/a's by Jerry Krauss, Alex Katsnelson in support of motion for the consolidation of related actions [16-1], in support of motion for the appointment of Wesley O. Brustad and Allyn Deininger as lead s [16-2], in support of motion for appointment of counsel [16-3] (nunc pro tunc to 12/11/00) (ryc) [Entry date 12/19/00] 12/18/00 18 Declaration of Jeffrey R. Krinsk by Jerry Krauss, Alex Katsnelson in support of motion for the consolidation of related actions [16-1], in support of motion for the appointment of Wesley O. Brustad and Allyn P. Deininger as lead s [16-2] motion for appointment of counsel [16-3] (nunc pro tunc to 12/11/00) (ryc) [Entry date 12/19/00] 1/4/01 19 Order by Judge Napoleon A. Jones: Case transferred to Judge M. J. Lorenz (ryc) [Entry date 01/05/01] 1/17/01 20 Order re: Oral Argument by Judge M. J. Lorenz; Plaintffs' motion for the consolidation of related actions [16-1], motion for the appointment of Wesley O. Brustad and Allyn P. Deininger as lead s [16-2] and motion for appointment of counsel [16-3] will be decided on the papers submitted and without oral argument; No appearances are required on 2/12/01; Labels prepared (jah) [Entry date 01/17/01] 1/29/01 21 Non-opposition by dfts to motion to consolidate related actions for violations of the Securities Exchange Act of 1934 [14-1] (cag) [Entry date 01/30/01]
1/30/01 22 DISCREPANCY ORDER by Judge M. J. Lorenz accepting document: opposition to the appointment of Wesley O. Brustad and Allyn P. Deininger from Jerry Krauss, Alex Katsnelson, non-compliance with local rule 5.1.j.4, document is to be filed nunc pro tunc to the date received (bar) [Entry date 01/31/01] 1/30/01 23 Opposition by Jerry Krauss, Alex Katsnelson to the appointment of Wesley O. Brustad and Allyn P. Deininger: NUNC PRO TUNC 1/16/01 (bar) [Entry date 01/31/01] 3/6/01 24 Order by Judge M. J. Lorenz granting motion for the consolidation of related actions [16-1] case consolidated 3:00-cv-2028 with member cases 3:00-cv-2074, 3:00-cv-2203, 3:00-cv-2262, 3:00-cv-2333. The consolidated cases shall be identified as In re Mitek Systems, Inc. Securities Litigation. All docketing shall be done in case number 00cv2028 L(AJB). Denying motion for the appointment of Wesley O. Brustad and Allyn P. Deininger as lead s [16-2]. Denying motion for appointment of counsel [16-3]. Granting motion to appoint Watson Investment Partners and Tim Rollman as lead [7-1]. Watson Investment Partners and Tim Rollman's mot for approval of selection of lead cnsl is granted. The law firm of Milberg Weiss Bershad Hynes and Lerach and Schiffrin & Barroway shall serve as lead cnsl for the plas. Plas shall file a consolidated amd cmp w/in 45 days of entry of this order and dfts shall answer or otherwise respond w/in 45 days after service of the cmp. (letter prepared) (meg) [Entry date 03/09/01] 3/27/01 25 Attorney Designation : terminating attorney for James DeBello in 3:00-cv-02028, attorney for Noel Flynn in 3:00-cv-02028, attorney for Dennis A Brittain in 3:00-cv-02028, attorney Charles A Bird for John M Thornton in 3:00-cv-02028, attorney Charles A Bird for William Boersing in 3:00-cv-02028, attorney for Mitek Systems Inc in 3:00-cv-02028 and designating attorney. (meg) [Entry date 03/28/01] 4/5/01 26 Order by Magistrate Judge Anthony J. Battaglia E.N.E. Conference set for 10:00 5/4/01 (meg) [Entry date 04/06/01] 4/19/01 27 Consolidated Amended complaint [1-1] t/w jury demand (bjr) [Entry date 04/20/01] 5/8/01 28 Order by Magistrate Judge Anthony J. Battaglia, E.N.E. Conference held 10:00 5/4/01; case has not settled, ct will monitor the progress of the pleadings and set a case mgt conf at the appropriate time. (meg)
[Entry date 05/09/01] 5/31/01 29 Stipulation and Order signed by Judge Thomas Whelan for Judge M. J. Lorenz extending dfts time to respond to consolidated amended cmp. Answer deadline extended to 6/19/01 for James DeBello, for Noel Flynn, for Dennis A Brittain, for John M Thornton, for William Boersing, for Mitek Systems Inc (meg) [Entry date 05/31/01] [Edit date 05/31/01] 6/15/01 30 Notice of Uncontested Motion and Motion by Watson Investment in 3:00-cv-02028, Tim Rollman in 3:00-cv-02028 for withdrawal of Watson Investment as lead [ motion(s) referred to Judge M. J. Lorenz ] (mam) [Entry date 06/20/01] 6/15/01 31 Order by Judge M. J. Lorenz granting motion for withdrawal of Watson Investment as lead [30-1] (mam) [Entry date 06/20/01] 6/22/01 32 Notice by Jerry Krauss in 3:00-cv-02028, Alex Katsnelson in 3:00-cv-02028 of change of address for Schubert and Reed. (atty maint) (meg) [Entry date 06/25/01] 12/4/01 33 Notice by William S Lerach attorney for Jerry Krauss in 3:00-cv-02028, Alex Katsnelson in 3:00-cv-02028, John Kulle in 3:00-cv-02028, R D Price in 3:00-cv-02028, Watson Investment in 3:00-cv-02028, Tim Rollman in 3:00-cv-02028 of change of address (joeh) [Entry date 12/05/01] 12/6/01 34 Notice of Motion and Motion by in 3:00-cv-02028 for preliminary approval of settlement [ motion(s) referred to Judge M. J. Lorenz ]; motion hrg set for 1/7/02 at 10:30 am (meg) [Entry date 12/07/01] 12/6/01 35 Memorandum of points and authorities by in 3:00-cv-02028 in support of motion for preliminary approval of settlement [34-1] (meg) [Entry date 12/07/01] 1/7/02 36 Minutes: Enter Order by Judge M. J. Lorenz re motion for preliminary approval of settlement [34-1] motion hearing cont to 10:30 3/18/02 before Judge M. James Lorenz; Court Reporter: J. Hill (meg) [Entry date 01/08/02] 1/15/02 37 Stipulation of Settlement (ok to file per court) (andy) [Entry date 01/15/02]
1/15/02 38 Order preliminary approving settlement and providing for notice by Judge M. J. Lorenz (andy) [Entry date 01/17/02] 3/11/02 39 Notice of Motion and Motion by in 3:00-cv-02028 for final approval of settlement, for plan of allocation of settlement proceeds, for attorney fees and reimbursement of expenses [ motion(s) referred to Judge M. J. Lorenz ], motion hrg set for 3/18/02 at 10:30 am (meg) [Entry date 03/13/02] 3/11/02 40 Memorandum of points and authorities by in 3:00-cv-02028 in support of motion for attorney fees and reimbursement of expenses [39-3] (meg) [Entry date 03/13/02] 3/11/02 41 Memorandum of points and authorities by in 3:00-cv-02028 in support of motion for final approval of settlement [39-1] (meg) [Entry date 03/13/02] 3/11/02 42 Memorandum of points and authorities by in 3:00-cv-02028 in support of motion for plan of allocation of settlement proceeds [39-2] (meg) [Entry date 03/13/02] 3/11/02 43 Declaration of Spencer A. Burkholz by in 3:00-cv-02028 re motion for final approval of settlement [39-1], re motion for plan of allocation of settlement proceeds [39-2], re motion for attorney fees and reimbursement of expenses [39-3] (meg) [Entry date 03/13/02] 3/11/02 44 Appendix of declarations filed by in suppt of mot for an award of attorneys' fees and reimbursement of expenses. (meg) [Entry date 03/13/02] 3/11/02 45 Declaration of Cheryl Washington re mailing of notice of pendancy and proposed settlement of class action and proof of claim and release form and publication of summary notice. (meg) [Entry date 03/13/02] 3/18/02 46 Minutes: Enter Order by Judge M. J. Lorenz, final fairness hrg held; Court Reporter: J. Hill (meg) [Entry date 03/19/02] 3/18/02 47 Order awarding respresentative pla counsel's atty fees and reimbursement of expenses by Judge M. J. Lorenz; the court hereby awards pla settlement counsel's atty fees of 25% of the settlement fund plus reimbursement of litigation expenses in the amount of $79,424.14, together with
interest (andy) [Entry date 03/19/02] 3/18/02 48 Order by Judge M. J. Lorenz approving plan of allocations of settlement proceeds (andy) [Entry date 03/19/02] 3/18/02 49 Final Judgment and Order of Dismissal with prejudice by Judge M. J. Lorenz terminating case (3:00-cv-02333 3:00-cv-02262 3:00-cv-02203 3:00-cv-02074) (andy) [Entry date 03/19/02] 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 http://pacer.psc.uscourts.gov/pacerdesc.html