US District Court Civil Docket as of 10/15/2002 Retrieved from the court on Wednesday, August 03, 2005 United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:00-cv-10861-RGS Tim Harrington IRA, et al v. Lepone, et al Assigned to: Judge Richard G. Stearns Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Tim Harrington IRA Date Filed: 05/04/2000 Jury Demand: None Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question represented by Samuel H. Rudman Cauley, Geller, Bowman, Coates & Rudman, LLP 200 Broadhollow Rd. Suite 406 Melville, NY 11747 631-369-7100 Sanford P. Dumain Milberg, Weiss, Bershad, Hynes & Lerach One Penn Plaza New York City, NY 10002 Stephen Moulton Moulton & Gans, PC 33 Broad Street 11th Floor Boston, MA 02109 617-369-7979 Steven G. Schulman Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza 49th Floor New York, NY 10119 212-594-5300
Plaintiff Richard L. Sharpe Plaintiff John R. Loftis V. Defendant Donald E. Lepone represented by Andrea J. Robinson Wilmer Cutler Pickering Hale and Dorr LLP 60 State Street Boston, MA 02109 617-526-6000 Fax: 617-526-5000 Email: andrea.robinson@wilmerhale.com Jeffrey B. Rudman Wilmer Cutler Pickering Hale and Dorr LLP 60 State Street Boston, MA 02109 617-526-6912 Fax: 617-526-5000 Email: jeffrey.rudman@wilmerhale.com Defendant Robert F. Burns represented by Andrea J. Robinson (See above for address) Jeffrey B. Rudman (See above for address) Defendant Takeda Chemical Industries represented by Martin F. Murphy
TERMINATED: 11/30/2001 Bingham McCutchen LLP 150 Federal Street Boston, MA 02110 617-951-8877 Fax: 617-951-8736 Email: marty.murphy@bingham.com TERMINATED: 11/30/2001 Movant James R. Young Trustee of the NutraMax Litigation Trust represented by Mark C. Hansen Kellogg, Huber, Hansen, Todd & Evans Sumner Square 1615 M Street, N.W. Suite 400 Washington, DC 20036 202-326-7900 Fax: 202-326-7999 Email: mhansen@khhte.com Reid M. Figel Kellogg, Huber, Hansen, Todd & Evans Sumner Square 1615 M Street, N.W. Washington, DC 20036 Silvija A. Strikis Kellogg, Huber, Hansen, Todd & Evans Sumner Square 1615 M Street, N.W. Wasington, DC 20036 Interested Party James R. Young represented by Mark C. Hansen (See above for address)
Date Filed # Docket Text 05/04/2000 1 Complaint filed. Case assigned to Judge: Stearns. Receipt #: 22189 Amount:$ 150.. Fee Status: paid (eaf) (Entered: 05/15/2000) 05/15/2000 Summons issued for Donald E. Lepone, Robert F. Burns (eaf) (Entered: 05/15/2000) 06/30/2000 2 Motion by Tim Harrington IRA to consolidate actions (00-10947,00-11083) appoint lead plaintiff and approving selection of lead counsel, filed. (eaf) (Entered: 07/20/2000) 06/30/2000 3 Memorandum by Tim Harrington IRA in support of [2-1] motion to consolidate actions (00-10947,00-11083), filed. (eaf) (Entered: 07/20/2000) 07/14/2000 4 Judge Richard G. Stearns. Order entered granting [2-1] motion to consolidate actions (00-10947,00-11083). [EOD Date 7/20/00] cc: all counsel of record. (eaf) (Entered: 07/20/2000) 07/31/2000 5 Return of service executed as to Robert F. Burns with service on 7/13/00 filed. (eaf) (Entered: 07/31/2000) 08/21/2000 6 STIPULATION by Tim Harrington IRA, Donald E. Lepone, Robert F. Burns, Richard L. Sharpe, John R. Loftis, filed. extending time for defts to answer until 45 days after a Consolidated Amended Complaint is filed. (eaf) (Entered: 08/21/2000) 10/13/2000 7 STIPULATED PRETRIAL ORDER NO. 1, ENTERED. cc: all counsel of record. (eaf) (Entered: 10/17/2000) 11/03/2000 8 Judge Richard G. Stearns. Notice of Hearing/conference: set scheduling conference for 3:00 12/20/00. (eaf) (Entered: 11/06/2000) 11/14/2000 10 Judge Richard G. Stearns. Notice of Hearing/conference: reset scheduling conference for 2:45 1/4/01. (eaf) (Entered: 11/20/2000) 11/17/2000 9 Motion by Tim Harrington IRA, Richard L. Sharpe, John R. Loftis to extend time to 1/22/01 to file amended complaint, filed. (eaf) (Entered: 11/17/2000) 11/17/2000 Judge Richard G. Stearns. Endorsed Order entered granting [9-1] motion to extend time to 1/22/01 to file amended complaint. [EOD Date 11/20/00] cc: all counsel of record. (eaf) (Entered: 11/20/2000) 12/07/2000 11 Motion by Tim Harrington IRA, Donald E. Lepone, Robert F. Burns, Richard L. Sharpe, John R. Loftis to continue scheduling conference, filed. (eaf) (Entered: 12/08/2000) 12/12/2000 Judge Richard G. Stearns. Endorsed Order entered granting [11-1] motion to continue scheduling conference, reset scheduling conference for 2:00 2/26/01. [EOD Date 12/18/00] (eaf) (Entered: 12/18/2000) 01/10/2001 12 Motion by Tim Harrington IRA to extend time to 3/15/01 to file amended complaint and to continue scheduling conference, filed. (eaf) (Entered: 01/10/2001)
01/11/2001 Judge Richard G. Stearns. Endorsed Order entered granting [12-1] motion to extend time to 3/15/01 to file amended complaint, reset scheduling conference for 2:00 4/30/01. [EOD Date 1/12/01] (eaf) (Entered: 01/12/2001) 03/15/2001 13 Motion by Tim Harrington IRA, Richard L. Sharpe, John R. Loftis to extend time to 4/17/01 to file amended complaint, filed. (eaf) (Entered: 03/22/2001) 03/26/2001 Judge Richard G. Stearns. Endorsed Order entered granting [13-1] motion to extend time to 4/17/01 to file amended complaint. [EOD Date 3/29/01] cc: all counsel of record. (eaf) (Entered: 03/29/2001) 04/13/2001 14 Motion by Tim Harrington IRA to extend time to 4/20 to file amended complaint, filed. (eaf) (Entered: 04/17/2001) 04/17/2001 Judge Richard G. Stearns. Endorsed Order entered granting [14-1] motion to extend time to 4/20 to file amended complaint. [EOD Date 4/17/01] cc: all counsel of record. (eaf) (Entered: 04/17/2001) 04/20/2001 15 Motion by Tim Harrington IRA to extend time to 5/4/01 to file amended complaint, filed. (eaf) (Entered: 04/23/2001) 04/20/2001 Judge Richard G. Stearns. Endorsed Order entered granting [15-1] motion to extend time to 5/4/01 to file amended complaint. [EOD Date 4/23/01] cc: all counsel of record. (eaf) (Entered: 04/23/2001) 05/04/2001 16 Motion by Tim Harrington IRA, Donald E. Lepone, Robert F. Burns, Richard L. Sharpe, John R. Loftis to extend time to file amended complaint, filed. (eaf) (Entered: 05/08/2001) 05/07/2001 Judge Richard G. Stearns. Endorsed Order entered granting [16-1] motion to extend time to file amended complaint. [EOD Date 5/8/01] cc: all counsel of record. (eaf) (Entered: 05/08/2001) 05/07/2001 17 Judge Richard G. Stearns. Notice of Hearing/conference: reset scheduling conference for 3:00 6/14/01 cc: all counsel of record.. (eaf) (Entered: 05/09/2001) 06/11/2001 18 Motion by Tim Harrington IRA, Donald E. Lepone to continue scheduling conference, filed. (eaf) (Entered: 06/12/2001) 06/12/2001 Case closed. (eaf) (Entered: 06/12/2001) 06/13/2001 Judge Richard G. Stearns. Endorsed Order entered granting [18-1] motion to continue. [EOD Date 6/13/01] (eaf) (Entered: 06/13/2001) 07/13/2001 19 Judge Richard G. Stearns. Preliminary Order in connection with settlement proceedings entered. [EOD Date 7/18/01] (eaf) (Entered: 07/18/2001) 07/30/2001 20 Judge Richard G. Stearns. Order entered. [EOD Date 8/1/01] "On July 13, 2001, the court issued an Order regarding the pending settlement proceedings. On page four of the Order, the date for mailing notices to the class is mistakenly listed as 7/13/01. The date by which notice must be mailed to the class is 7/31/01." cc: all counsel of record. (eaf) (Entered: 08/01/2001) 08/06/2001 21 Motion by Tim Harrington IRA, Donald E. Lepone for entry of revised order, filed. (eaf) (Entered: 08/06/2001)
08/06/2001 Judge Richard G. Stearns. Endorsed Order entered granting [21-1] motion for entry of revised order. [EOD Date 8/6/01cc: all counsel of record.] (eaf) (Entered: 08/06/2001) 08/06/2001 22 Judge Richard G. Stearns. Revised Preliminary Order in connection with settlement proceedings entered. [EOD Date 8/6/01] (eaf) (Entered: 08/06/2001) 09/28/2001 27 Motion by James R. Young to intervene, filed. (eaf) (Entered: 10/17/2001) 09/28/2001 28 Memorandum by James R. Young in support of [27-1] motion to intervene, filed. (eaf) (Entered: 10/17/2001) 09/28/2001 38 Statement of counsel filed Re: objections to proposed settlement and attys' fee petition of proposed intervenor James Young, filed. (eaf) (Entered: 12/06/2001) 10/04/2001 25 Motion by Tim Harrington IRA to extend time to 10/16/01 to respond to motion to intervene, filed. (eaf) (Entered: 10/12/2001) 10/09/2001 24 Motion by Donald E. Lepone, Robert F. Burns to extend time to 10/16/01 to file opp, filed. (eaf) (Entered: 10/11/2001) 10/10/2001 23 Motion by Tim Harrington IRA for Dumain to appear pro hac vice fee status: paid fee amt: 50. Receipt #: 34282, filed. (eaf) (Entered: 10/10/2001) 10/10/2001 Judge Richard G. Stearns. Endorsed Order entered granting [23-1] motion for Dumain to appear pro hac vice fee status: paid fee amt: 50. Receipt #: 34282 Added Sanford P. Dumain. [EOD Date 10/10/01] cc: all counsel of record. (eaf) (Entered: 10/10/2001) 10/11/2001 Judge Richard G. Stearns. Endorsed Order entered granting [24-1] motion to extend time to 10/16/01 to file opp. [EOD Date 10/12/01] cc: all counsel of record. (eaf) (Entered: 10/12/2001) 10/12/2001 Judge Richard G. Stearns. Endorsed Order entered granting [25-1] motion to extend time to 10/16/01 to respond to motion to intervene. [EOD Date 10/12/01] (eaf) (Entered: 10/12/2001) 10/16/2001 26 Response by Tim Harrington IRA in opposition to motion to intervene of James R. Young, filed. (eaf) Modified on 10/17/2001 (Entered: 10/16/2001) 10/16/2001 29 Memorandum by Donald E. Lepone, Robert F. Burns in opposition to [27-1] motion to intervene, filed. (eaf) (Entered: 10/17/2001) 10/18/2001 39 Memorandum by James R. Young re: proposed settlement filed. (eaf) (Entered: 12/06/2001) 10/18/2001 40 Memorandum by James R. Young re: award of attys' fees and reimbursement of expenses, filed. (eaf) (Entered: 12/06/2001) 10/18/2001 41 Affidavit of James R. Young of Sanford P. Dumain, re:, in support of pltfs' counsel's application for final approval of settlement and for award of attys' fees and expenses, filed. (eaf) (Entered: 12/06/2001) 10/18/2001 42 Compendium of unreported cases referenced in the pltfs' memorandum of law in support of an award of attys' fees and reimbursement of expenses, filed. (eaf)
(Entered: 12/06/2001) 10/19/2001 36 Judge Richard G. Stearns. Memorandum and Order entered. granting [34-1] motion for leave to file reply memo to opposition to motion to intervene of James R. Young, Trustee of Nutramax Litigation Trust, denying [27-1] motion to intervene [EOD Date 11/15/01] (eaf) (Entered: 11/15/2001) 10/19/2001 43 Judge Richard G. Stearns. Memorandum and Order on James R. Young's motion to intervene, entered. [EOD Date 12/6/01] "...Consequently, the motion to intervene as a right is DENIED...Because the contingent nature of Young's claim would cause undue prejudice to the resolution of the original parties' claims, Young's request for permissive intervention is similarly DENIED." cc: all counsel of record. (eaf) (Entered: 12/06/2001) 10/22/2001 34 Motion by James R. Young for leave to file reply memo to opposition to motion to intervene of James R. Young, Trustee of Nutramax Litigation Trust, filed. (eaf) (Entered: 11/09/2001) 10/23/2001 33 Notice of appeal by James R. Young filed. Fee Status: paid Fee Amount: $ 105. Receipt #: 34611 Appealing: #22. Appeal record due on 11/7/01 (eaf) (Entered: 11/09/2001) 10/24/2001 30 Judge Richard G. Stearns. Clerk's Notes: re: settlement proposal. Hanson appears for Litigation Trust and is invited to speak on it's behalf at oral argument. Court takes issue under advisement. (eaf) (Entered: 10/25/2001) 11/02/2001 31 Response by James R. Young in opposition to disallow purported opt out by Katana Fund, filed. (eaf) Modified on 11/02/2001 (Entered: 11/02/2001) 11/06/2001 32 Defts' opposition to purported response to their motion to disallow purported opt out by Kantana Fund LLC, filed. (eaf) (Entered: 11/06/2001) 11/09/2001 Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [33-1] appeal. (jr) (Entered: 11/09/2001) 11/15/2001 37 Letter by Jeffrey B. Rudman dated: 11/15/01 to: Judge Stearns re: jurisdiction re: settlement filed. (eaf) (Entered: 11/16/2001) 11/16/2001 US Court of Appeals Case Number assigned to [33-1] appeal: USCA NUMBER: 01-2620. (jr) (Entered: 11/16/2001) 12/07/2001 Transmitted supplemental record on appeal: re: [33-1] appeal Document numbers: docket sheet (jr) (Entered: 12/07/2001) 12/19/2001 44 Judge Richard G. Stearns. Memorandum and Order on Defendants' Motion to Disallow Katana Fund LLC from opting out of the Class, entered. [EOD Date 12/19/01] "...The motion to disallow Katana's attempted opt out will therefore be allowed...consequently, the Trustee's request will be denied." cc: all counsel of record. (eaf) (Entered: 12/19/2001) 01/14/2002 45 Judge Richard G. Stearns. Memorandum and Order on a Motion to Approve Settlement and on a Petition of Plaitiffs' Counsel for an Award of Attorneys' Fees and Reimbursement of Expenses, entered. "...The settlement agreement will be approved this day as fair and reasonable. The court also awards attorneys' fees in an
amount equivalent to 20% of the Settlement Fund, that is, $563,824.00 Costs are awarded in the amount of $9,721.82." cc: all counsel of record. [EOD Date 1/15/02] (eaf) (Entered: 01/15/2002) 01/18/2002 Transmitted supplemental record on appeal: re: [33-1] appeal Document numbers: 45 (jr) (Entered: 01/18/2002) 02/04/2002 46 Notice of appeal by James R. Young filed. Fee Status: paid Fee Amount: $ 105. Receipt #: 36743 Appealing: [45-1] memorandum order. Appeal record due on 2/19/02 (eaf) (Entered: 02/05/2002) 02/05/2002 Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [46-1] appeal. (jr) (Entered: 02/05/2002) 02/06/2002 US Court of Appeals Case Number assigned to [46-1] appeal: USCA NUMBER: 02-1151. (jr) (Entered: 02/06/2002) 05/13/2002 47 Mandate of US Court of Appeals re: [46-1] appeal dismissing [46-1] appeal. (jr) (Entered: 05/13/2002) 05/16/2002 Case closed. (eaf) (Entered: 05/16/2002) 05/17/2002 48 Mandate of US Court of Appeals re: [33-1] appeal dismissing [33-1] appeal. (jr) (Entered: 05/17/2002) 05/17/2002 Record on appeal returned from U.S. Court of Appeals, re: [46-1] appeal, [33-1] appeal. (jr) (Entered: 05/17/2002) 05/17/2002 49 Judge Richard G. Stearns. Order and Final Judgment entered [EOD Date 7/30/02] cc: all counsel of record. (eaf) (Entered: 07/30/2002) 05/20/2002 Case closed. (eaf) (Entered: 05/20/2002) 10/10/2002 50 Motion by Tim Harrington IRA for order of authorizing distribution of class settlement fund, filed. (eaf) (Entered: 10/11/2002) 10/10/2002 51 Affidavit of Sanford P. Dumain of Tim Harrington IRA, re: [50-1] motion for order of authorizing distribution of class settlement fund, filed. (eaf) (Entered: 10/11/2002) 10/10/2002 52 Affidavit of D. Lee Janvrin of Tim Harrington IRA, re: [50-1] motion for order of authorizing distribution of class settlement fund, filed. (eaf) (Entered: 10/11/2002) 10/10/2002 53 Certificate of Consultation re: [50-1] motion for order of authorizing distribution of class settlement fund, filed. (eaf) (Entered: 10/11/2002) 10/15/2002 Judge Richard G. Stearns. Endorsed Order entered granting [50-1] motion for order of authorizing distribution of class settlement fund. [EOD Date 10/15/02] (eaf) (Entered: 10/15/2002) 10/15/2002 54 Judge Richard G. Stearns. Order re: Distribution of Class Settlement Fund, entered. [EOD Date 10/15/02] (eaf) (Entered: 10/15/2002)
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