US District Court Civil Docket as of March 22, 2013 Retrieved from the court on March 26, 2013 U.S. District Court Southern District of Florida (Ft. Pierce) CIVIL DOCKET FOR CASE #: 2:12-cv-14333-JEM In re Digital Domain Media Group, Inc. Securities Litigation Date Filed: 09/20/2012 Assigned to: Judge Jose E. Martinez Jury Demand: Referred to: Magistrate Judge Frank J. Lynch, Jr Nature of Suit: 850 Cause: 15:0078 Securities Exchange Act Securities/Commodities Jurisdiction: Federal Question Mark St. Cyr Individually and On Behalf of All Others Similarly Situated Berman DeValerio 3507 Kyoto Gardens Drive, Suite 200 Palm Beach Gardens, FL 33410 561-835-9400 Fax: 561-835-0322 Email: jeng@bermandevalerio.com Patricof Family Limited Partnership and Edward Nusblatt Jeffrey M. Liggio Liggio Benrubi 1615 Forum Place Suite 3-B West Palm Beach, FL 33401-2737 561-616-3333 Fax: 616-3266 Email: jliggio@liggiolaw.com Frank Cacella individually and on behalf of all others similarly situated represented by Laurence Matthew Rosen The Rosen Law Firm 275 Madison Avenue 34th Floor New York, NY 10016
212-686-1060 Fax: 202-3827 Email: lrosen@rosenlegal.com Nathan Wilson individually and on behalf of all others similarly situated represented by Brandon Thomas Grzandziel Saxena White PA 2424 N Federal Highway Suite 257 Boca Raton, FL 33431 561-394-3399 Email: bgrzandziel@saxenawhite.com Joseph E. White, III Saxena White PA 2424 N Federal Highway Suite 257 Boca Raton, FL 33431 561-394-3399 Fax: 394-3382 Email: jwhite@saxenawhite.com Lester Rene Hooker Saxena White PA 2424 N Federal Highway Suite 257 Boca Raton, FL 33431 561-394-3399 Email: lhooker@saxenawhite.com V. Jonathan F. Teaford John C. Textor John M. Nichols
Roth Capital Partners, LLC Morgan Joseph Triartisan, LLC Robert Dziedzic Patricia I. Avery Wolf Popper, LLP 845 Third Avenue New York, NY 10022 212-451-9619 Email: pavery@wolfpopper.com PRO HAC VICE Caleb R Sharp Patrick T. Egan Berman DeValerio One Liberty Square Boston, MA 02109 617-542-8300 Email: pegan@bermandevalerio.com PRO HAC VICE Susan L Sharp Patrick T. Egan PRO HAC VICE
Date Filed # Docket Text 09/20/2012 1 Class Action COMPLAINT For Violations Of The Federal Securities Laws against Morgan Joseph Triartisan LLC, John M Nichols, Roth Capital Partners LLC, Jonathan F Teaford, John C. Textor. Filing fee $ 350.00 receipt number 113C-5077842, filed by Mark St. Cyr. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s), # 7 Exhibit Certification)(Eng, Jay) Modified on 9/20/2012 (yar). (Entered: 09/20/2012) 09/20/2012 2 Judge Assignment to Judge Jose E. Martinez and Magistrate Judge Frank J. Lynch, Jr (yar) (Entered: 09/20/2012) 09/20/2012 3 Summons Issued as to Jonathan F. Teaford. (yar) (Entered: 09/20/2012) 09/20/2012 4 Summons Issued as to John C. Textor. (yar) (Entered: 09/20/2012) 09/20/2012 5 Summons Issued as to John M. Nichols. (yar) (Entered: 09/20/2012) 09/20/2012 6 Summons Issued as to Roth Capital Partners, LLC. (yar) (Entered: 09/20/2012) 09/20/2012 7 Summons Issued as to Morgan Joseph Triartisan, LLC. (yar) (Entered: 09/20/2012) 09/27/2012 8 Order Requiring Joint Scheduling Report Signed by Judge Jose E. Martinez on 9/27/2012. (dq) (Entered: 09/27/2012) 11/14/2012 9 Notice of Pendency of Other Action by Mark St. Cyr (Eng, Jay) (Entered: 11/14/2012) 11/19/2012 10 MOTION to Consolidate Cases with Incorporated Memorandum of Law ( Responses due by 12/6/2012), MOTION to Appoint Lead DDMG Investor Group ( Responses due by 12/6/2012), MOTION to Appoint Lead Counsel Wolf Popper LLP and Berman DeValerio by Robert Dziedzic, Caleb R Sharp, Susan L Sharp. (Attachments: # 1 Affidavit Avery Decl., # 2 Affidavit Avery Decl. Ex. 1, # 3 Affidavit Avery Decl. Ex. 2, # 4 Affidavit Avery Decl. Ex. 3, # 5 Affidavit Eng Decl., # 6 Affidavit Eng Ex. A., # 7 Affidavit Eng Decl. Ex. B, # 8 Affidavit Eng Decl. Ex. C, # 9 Affidavit Eng Decl. Ex. D, # 10 Affidavit Eng Decl. Ex. E, # 11 Text of Proposed Order)(Eng, Jay) Modified text on 11/20/2012 (asl). (Entered: 11/19/2012) 11/19/2012 11 MOTION to Consolidate Cases by Patricof Family Limited Partnership and Edward Nusblatt. Responses due by 12/6/2012 (Attachments: # 1 Text of Proposed Order)(Liggio, Jeffrey). Added MOTION to Appoint Lead, MOTION to Appoint Lead Counsel on 11/20/2012 (asl). (Entered: 11/19/2012) 11/19/2012 12 DECLARATION signed by : Nicholas I. Porritt. by Patricof Family Limited Partnership and Edward Nusblatt (Attachments: # 1 Exhibit A - Patricof Certification, # 2 Exhibit B - Patricof Losses, # 3 Exhibit C - Nusblatt Certification, # 4 Exhibit D - Nusblatt Losses, # 5 Exhibit E - Press Release, # 6 Exhibit F - Resume Levi & Korsinsky)(Liggio, Jeffrey) Modified text on 11/20/2012 (asl). (Entered: 11/19/2012) 11/19/2012 13 MEMORANDUM of Law in Support re 11 MOTION to Consolidate Cases, Appointment as Lead s and Approval of their Selection of Counsel by Patricof Family Limited Partnership and Edward Nusblatt. (Liggio, Jeffrey) Modified text on 11/20/2012 (asl). (Entered: 11/19/2012) 11/19/2012 14 MOTION to Consolidate Cases ( Responses due by 12/6/2012), MOTION to Appoint Lead Jacobson/Kraft Group ( Responses due by 12/6/2012), MOTION to
Appoint Lead Counsel Federman & Sherwood by Robert Jacobson, Bernard Kraft. (Gilman, Kenneth) (Entered: 11/19/2012) 11/19/2012 15 DECLARATION in Support re 14 MOTION to Consolidate Cases MOTION to Appoint Lead Jacobson/Kraft Group MOTION to Appoint Lead Counsel Federman & Sherwood filed by Robert Jacobson, Bernard Kraft. (Attachments: # 1 Exhibit A - Certification of Investment, # 2 Exhibit B - Loss Chart, # 3 Exhibit C - Joint Declaration, # 4 Exhibit D - Press Release, # 5 Exhibit E - FS Firm Resume, # 6 Exhibit F - GL Firm Resume)(Gilman, Kenneth) Modified text on 11/20/2012 (asl). (Entered: 11/19/2012) 11/19/2012 16 MEMORANDUM of Law in Support re 14 MOTION to Consolidate Cases MOTION to Appoint Lead Jacobson/Kraft Group MOTION to Appoint Lead Counsel Federman & Sherwood by Robert Jacobson, Bernard Kraft. (Gilman, Kenneth) Modified text on 11/20/2012 (asl). (Entered: 11/19/2012) 11/19/2012 17 MOTION to Appoint Lead Digital Domain Investor Group, MOTION to Appoint Lead Counsel, MOTION to Consolidate Cases by Digital Domain Investor Group. Responses due by 12/6/2012 (Attachments: # 1 Text of Proposed Order)(Rosen, Laurence) (Entered: 11/19/2012) 11/19/2012 18 DECLARATION in Support re 17 MOTION to Appoint Lead Digital Domain Investor Group MOTION to Appoint Lead Counsel MOTION to Consolidate Cases filed by Digital Domain Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Rosen, Laurence) Modified text on 11/20/2012 (asl). (Entered: 11/19/2012) 11/19/2012 19 MEMORANDUM of Law in Support re 17 MOTION to Appoint Lead Digital Domain Investor Group MOTION to Appoint Lead Counsel MOTION to Consolidate Cases by Digital Domain Investor Group. (Rosen, Laurence) Modified text on 11/20/2012 (asl). (Entered: 11/19/2012) 11/19/2012 20 MOTION to Appoint Lead Counsel Kaplan Fox & Kilsheimer LLP, MOTION to Appoint Lead Marilynn Larsen & Frank Lo Verso, MOTION to Consolidate Cases and Incorporated Memorandum of Law in Support of Motion by Marilynn Larsen, Frank Lo Verso. Responses due by 12/6/2012 (Attachments: # 1 Text of Proposed Order)(Vianale, Julie) Modified text on 11/20/2012 (asl). (Entered: 11/19/2012) 11/19/2012 21 DECLARATION signed by : Julie Prag Vianale. re 20 MOTION to Appoint Lead Counsel Kaplan Fox & Kilsheimer LLP MOTION to Appoint Lead Marilynn Larsen & Frank Lo Verso MOTION to Consolidate Cases by Marilynn Larsen, Frank Lo Verso (Vianale, Julie) Modified text on 11/20/2012 (asl). (Entered: 11/19/2012) 11/20/2012 22 Clerks Notice to Filer re 11 MOTION to Consolidate Cases, Appointment as Lead s and Approval of their Selection of Counsel. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl) (Entered: 11/20/2012) 11/20/2012 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to
Electronically Receive Notices of Electronic Filing for Patricia Avery. Filing Fee $ 75.00. Receipt # 48883. (ksa) (Entered: 11/21/2012) 11/30/2012 24 ORDER Granting 23 Motion for Patricia I. Avery to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Jose E. Martinez on 11/29/2012. (asl) (Entered: 11/30/2012) 12/06/2012 25 RESPONSE to Motion re 10 MOTION to Consolidate Cases MOTION to Appoint Lead DDMG Investor Group MOTION to Appoint Lead Counsel Wolf Popper LLP and Berman DeValerio, 17 MOTION to Appoint Lead Digital Domain Investor Group MOTION to Appoint Lead Counsel MOTION to Consolidate Cases, 11 MOTION to Consolidate Cases, Appointment as Lead s and Approval of their Selection of Counsel MOTION to Appoint Lead MOTION to Appoint Lead Counsel, 20 MOTION to Appoint Lead Counsel Kaplan Fox & Kilsheimer LLP MOTION to Appoint Lead Marilynn Larsen & Frank Lo Verso MOTION to Consolidate Cases filed by Robert Jacobson, Bernard Kraft. Replies due by 12/17/2012. (Gilman, Kenneth) (Entered: 12/06/2012) 12/06/2012 26 MEMORANDUM of Law re 17 MOTION to Appoint Lead Digital Domain Investor Group MOTION to Appoint Lead Counsel MOTION to Consolidate Cases, 14 MOTION to Consolidate Cases MOTION to Appoint Lead Jacobson/Kraft Group MOTION to Appoint Lead Counsel Federman & Sherwood, 20 MOTION to Appoint Lead Counsel Kaplan Fox & Kilsheimer LLP MOTION to Appoint Lead Marilynn Larsen & Frank Lo Verso MOTION to Consolidate Cases filed by Robert Dziedzic, Patricof Family Limited Partnership and Edward Nusblatt, Caleb R Sharp, Susan L Sharp. Replies due by 12/17/2012. (Eng, Jay) Modified text on 12/7/2012 (asl). (Entered: 12/06/2012) 12/06/2012 27 MEMORANDUM OF LAW re 10 MOTION to Consolidate Cases MOTION to Appoint Lead DDMG Investor Group MOTION to Appoint Lead Counsel Wolf Popper LLP and Berman DeValerio, 17 MOTION to Appoint Lead Digital Domain Investor Group MOTION to Appoint Lead Counsel MOTION to Consolidate Cases, 11 MOTION to Consolidate Cases, Appointment as Lead s and Approval of their Selection of Counsel MOTION to Appoint Lead MOTION to Appoint Lead Counsel, 14 MOTION to Consolidate Cases MOTION to Appoint Lead Jacobson/Kraft Group MOTION to Appoint Lead Counsel Federman & Sherwood filed by Marilynn Larsen, Frank Lo Verso. (Vianale, Julie) Modified text on 12/7/2012 (asl). (Entered: 12/06/2012) 12/13/2012 28 RESPONSE to Motion re 10 MOTION to Consolidate Cases MOTION to Appoint Lead DDMG Investor Group MOTION to Appoint Lead Counsel Wolf Popper LLP and Berman DeValerio, 17 MOTION to Appoint Lead Digital Domain Investor Group MOTION to Appoint Lead Counsel MOTION to Consolidate Cases, 11 MOTION to Consolidate Cases, Appointment as Lead s and Approval of their Selection of Counsel MOTION to Appoint Lead MOTION to Appoint Lead Counsel, 14 MOTION to Consolidate Cases MOTION to Appoint Lead Jacobson/Kraft Group MOTION to Appoint Lead Counsel Federman & Sherwood, 20 MOTION to Appoint Lead Counsel Kaplan Fox & Kilsheimer LLP MOTION to Appoint Lead Marilynn Larsen & Frank Lo Verso MOTION to Consolidate Cases filed by Digital Domain Investor Group. Replies due by 12/24/2012. (Rosen, Laurence) (Entered: 12/13/2012)
12/17/2012 29 WITHDRAWAL of Motion re 20 MOTION to Appoint Lead Counsel Kaplan Fox & Kilsheimer LLP MOTION to Appoint Lead Marilynn Larsen & Frank Lo Verso MOTION to Consolidate Cases filed by Frank Lo Verso, Marilynn Larsen (Vianale, Julie) (Entered: 12/17/2012) 12/17/2012 30 REPLY in Support of 10 MOTION to Consolidate Cases MOTION to Appoint Lead DDMG Investor Group MOTION to Appoint Lead Counsel Wolf Popper LLP and Berman DeValerio, 11 MOTION to Consolidate Cases, Appointment as Lead s and Approval of their Selection of Counsel MOTION to Appoint Lead MOTION to Appoint Lead Counsel filed by Robert Dziedzic, Patricof Family Limited Partnership and Edward Nusblatt, Caleb R Sharp, Susan L Sharp. (Attachments: # 1 Text of Proposed Order)(Eng, Jay) Modified text on 12/18/2012 (asl). (Entered: 12/17/2012) 01/29/2013 31 MOTION to Appear Pro Hac Vice of Patrick T. Egan, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 52599. (ksa) (Entered: 02/01/2013) 02/08/2013 32 ORDER granting 31 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Signed by Judge Jose E. Martinez on 2/8/2013. (cbr) (Entered: 02/11/2013) 02/27/2013 33 WAIVER OF SERVICE Returned Executed by Mark St. Cyr. John C. Textor waiver sent on 2/22/2012, answer due 4/22/2012. (Eng, Jay) (Entered: 02/27/2013) 03/08/2013 34 WAIVER OF SERVICE Returned Executed by Mark St. Cyr. John M. Nichols waiver sent on 2/22/2013, answer due 4/23/2013. (Eng, Jay) (Entered: 03/08/2013) 03/12/2013 35 ORDER Consolidating All Related Actions, Appointing Lead 's And s And Approving Lead Counsel; Consolidating cases 12-cv-14344 and 12-cv-14345; granting in part and denying in part (10) Motion to Consolidate Cases; granting in part and denying in part; granting in part and denying in part ; granting in part and denying in part (14) MOTION to Appoint Lead ; denying (17) MOTION to Appoint Lead Counsel ; denying (17) Motion to Consolidate Cases; granting in part and denying in part (11) MOTION to Appoint Lead in case 2:12-cv-14333-JEM Signed by Judge Jose E. Martinez on 3/11/2013. Associated Lead Case: 2:12-cv-14333-JEM; Associated Cases: 2:12-cv-14344-JEM, 2:12-cv-14345-JEM(cbr) (Entered: 03/12/2013) 03/14/2013 36 WAIVER OF SERVICE Returned Executed by Mark St. Cyr. Jonathan F. Teaford waiver sent on 2/22/2012, answer due 4/22/2012. (Eng, Jay) (Entered: 03/14/2013) 03/22/2013 37 WAIVER OF SERVICE Returned Executed by Mark St. Cyr. Morgan Joseph Triartisan, LLC waiver sent on 2/22/2013, answer due 4/23/2013; Roth Capital Partners, LLC waiver sent on 2/22/2013, answer due 4/23/2013. (Eng, Jay) (Entered: 03/22/2013) 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