US District Court Civil Docket as of 02/08/2007 Retrieved from the court on Wednesday, April 04, 2007 U.S. District Court Central District Of California (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:04-cv-04273-PA-CT David Harkness v. 99 Cents Only Stores et al Assigned to: Judge Percy Anderson Referred to: Magistrate Judge Carolyn Turchin Lead case: 2:04-cv-04273-PA-CT Member cases: 2:04-cv-04273-PA-CT 2:04-cv-04600-PA-CT 2:04-cv-04838-PA-CT 2:04-cv-06771-PA-CT Cause: 15:78m(a) Securities Exchange Act Plaintiff David Harkness On Behalf of Himself and all Others Similarly Situated Date Filed: 06/15/2004 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Darren J Robbins Lerach Coughlin Stoia Geller Rudman and Robbins 655 West Broadway, Suite 1900 San Diego, CA 92101 619-231-1058 Email: denisey@lerachlaw.com Lauren S Antonino Chitwood & Harley 2300 Promenade II 1230 Peachtree St NE Atlanta, GA 30309 404-873-3900 William S Lerach Lerach Coughlin Stoia Geller Rudman and Robbins 655 West Broadway, Suite 1900 San Diego, CA 92101 619-231-1058
Plaintiff Kenneth Derr represented by Christopher Kim Lim Ruger & Kim 1055 W 7th St, Ste 2800 Los Angeles, CA 90017 213-955-9500 Email: christopher.kim@lrklawyers.com Darren J Check Schiffrin Barroway Topaz and Kessler 280 King of Prussia Road Radnor, PA 19087 610-667-7706 Email: dcheck@sbclasslaw.com Lisa J Yang Lim Ruger & Kim 1055 W 7th St, Ste 2800 Los Angeles, CA 90017 213-955-9500 Email: lisa.yang@lrklawyers.com Sean M Handler Schiffrin Barroway Topaz and Kessler 280 King of Prussia Road Radnor, PA 19087 610-667-7706 Email: shandler@sbclasslaw.com Stuart L Berman Schiffrin Barroway Topaz and Kessler 280 King of Prussia Road Radnor, PA 19087 610-667-7706 V. Consol Plaintiff
Joseph Boodaie represented by Carol V Gilden Much Shelist Freed Dennenberg Ament & Eiger 191 North Wacker Drive, Suite 1800 Chicago, IL 60606 312-521-2000 Fax: 312-521-2100 Conor R Crowley Much Shelist Freed Denenberg Ament and Rubenstein 191 North Wacker Drive, Suite 1800 Chicago, IL 60606 312-521-2000 Elizabeth P Lin Milberg Weiss Bershad One California Plaza 300 South Grand Avenue, Suite 3900 Los Angeles, CA 90071 213-617-1200 Email: elin@milbergweiss.com Jeff S Westerman Milberg Weiss and Bershad One California Plaza 300 South Grand Avenue, Suite 3900 Los Angeles, CA 90071 213-617-1200 Fax: 213-617-1975 Joseph D Ament Much Shelist Freed Dennenberg Ament & Eiger 191 North Wacker Drive, Suite 1800 Chicago, IL 60606 312-521-2000 Consol Plaintiff
Mojgan Boodaie represented by Carol V Gilden Conor R Crowley Elizabeth P Lin Jeff S Westerman Joseph D Ament Consol Plaintiff Samuel Toovy represented by Carol V Gilden Conor R Crowley Elizabeth P Lin Jeff S Westerman Joseph D Ament
V. Defendant 99 Cents Only Stores represented by George M Garvey Munger Tolles & Olson 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 213-683-9100 Fax: 213-687-3702 Robert L Dell Angelo Munger Tolles & Olson 355 S Grand Ave, 35th Fl Los Angeles, CA 90071-1560 213-683-9100 Email: dellangelorl@mto.com Defendant David Gold represented by George M Garvey Robert L Dell Angelo Defendant Eric Schiffer represented by George M Garvey Robert L Dell Angelo Defendant
Andrew A Farina represented by George M Garvey Robert L Dell Angelo V. Consol Defendant 99 Cents Only Stores Consol Defendant David Gold Consol Defendant Eric Schiffer Consol Defendant Andrew A Farina Consol Defendant Howard Gold represented by George M Garvey Robert L Dell Angelo Consol Defendant Jeff Gold represented by George M Garvey Robert L Dell Angelo
Date Filed # Docket Text 06/15/2004 1 COMPLAINT against defendants 99 Cents Only Stores, Andrew A Farina, David Gold, Eric Schiffer.(Filing fee $ 150.) Jury Demanded., filed by plaintiff David Harkness.(rrey, ) (Entered: 06/17/2004) 06/15/2004 20 Day Summons Issued re Complaint - (Discovery)[1] as to 99 Cents Only Stores, Andrew A Farina, David Gold, Eric Schiffer. (rrey, ) (Entered: 06/17/2004) 06/15/2004 2 CERTIFICATION AS TO Interested Parties filed by Plaintiff David Harkness. (rrey, ) (Entered: 06/17/2004) 06/15/2004 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(rrey, ) (Entered: 06/17/2004) 06/16/2004 4 STANDING ORDER by Judge Percy Anderson. This action has been assigned to the calendar of Judge Percy Anderson. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. Read this Order carefully. It controls the case and differs in some respects from the Local Rules. See documents for further details. (nhac, ) (Entered: 06/18/2004) 07/15/2004 5 PROOF OF SERVICE Executed upon 99 Cents Only Stores served on 6/28/2004, answer due 7/18/2004. The Summons and Complaint were served by Substituted service, by State statute, upon Ivonne Robles, Receptionist at business. Due Dilligence declaration not attached. Original Summons not returned. Mailed 6/30/04 (ir ) (Entered: 07/16/2004) 07/15/2004 6 PROOF OF SERVICE Executed upon David Gold served on 6/30/2004, answer due 7/20/2004. The Summons and Complaint were served by Personal service, by Federal statute. Due Dilligence declaration not attached. Original Summons not returned. (ir ) (Entered: 07/16/2004) 07/15/2004 7 PROOF OF SERVICE Executed upon Andrew A Farina served on 6/27/2004, answer due 7/17/2004. The Summons and Complaint were served by Substituted service, by State statute, upon Rachael Farina, Wife/Occupant. Due Dilligence declaration attached. Original Summons not returned. Mailed 6/30/04. (ir) (Entered: 07/16/2004) 07/15/2004 8 PROOF OF SERVICE Executed upon Eric Schiffer served on 6/23/2004, answer due 7/13/2004. The Summons and Complaint were served by Substituted service, by State statute, upon Jane Doe, Hispanic female, 43 years, Black hair, Brown eyes, 5'2", 135 pounds, Occupant at home. Due Dilligence declaration attached. Original Summons not returned. Mailed 6/23/04. (ir) (Entered: 07/16/2004) 08/04/2004 9 NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed filed by plaintiff Eric Schiffer upon Eric Schiffer acknowledgment sent by Plaintiff on 7/21/2004, answer due 9/19/2004. Acknowledgment signed by Attorney for defendant on 7/30/04. (nhac, ). Original
Summons returned. (Entered: 08/05/2004) 08/04/2004 NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed filed by plaintiff David Harkness upon Andrew A Farina acknowledgment sent by Plaintiff on 7/21/2004, answer due 9/19/2004. Acknowledgment signed by Attorney for defendant on 7/30/04. Original Summons returned. (nhac, ) (Entered: 08/05/2004) 08/16/2004 10 NOTICE of Change of Firm Name by attorneys William S Lerach, Darren J Robbins, Laurens S. Antonino for Plaintiff, changing Firm Name to Lerach, Coughlin, Stoia, Geller, Rudman, and Robbins LLP. Filed by plaintiff (nhac, ) (Entered: 08/17/2004) 08/17/2004 11 NOTICE OF MOTION AND MOTION for Appointment of Kenneth Der as Lead Plaintiff and for Appointment of Lead Counsel filed by Proposed Lead Plaintiff Kenneth Derr. Motion set for hearing on 9/13/2004 at 01:30 PM before Honorable Percy Anderson. Lodged Proposed Order. (nhac, ) (Entered: 08/20/2004) 08/17/2004 12 DECLARATION of Lisa J Yang in support of Motion for Appointment of Kenneth Der as Lead Plaintiff and for Appointment of Lead Counsel [11] filed by Proposed Plaintiff Kenneth Derr. (nhac, ) (Entered: 08/20/2004) 08/17/2004 13 NOTICE OF MOTION AND MOTION to Consolidate All Related Actions filed by proposed plaintiff Kenneth Derr. Motion set for hearing on 9/13/2004 at 01:30 PM before Honorable Percy Anderson. Lodged Proposed Order. (nhac, ) (Entered: 08/20/2004) 08/17/2004 14 PROOF OF SERVICE filed by proposed plaintiff Kenneth Derr regarding service of the following documents on 8/16/04: Notice of Motion and Motion to Consolidate All Related Actions [13]; Notice of Motion and Motion for Appointment of Kenneth Der as Lead Plaintiff and for Appointment of Lead Counsel [11]; Declaration of Lisa J Yang in support of Motion for Appointment of Kenneth Der as Lead Plaintiff and for Appointment of Lead Counsel [12].(nhac, ) (Entered: 08/20/2004) 08/20/2004 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Stuart L Berman for Proposed Plaintiff Kenneth Derr. (nhac, ) (Entered: 08/20/2004) 08/20/2004 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Darren J Check for Plaintiff Kenneth Derr. (nhac, ) (Entered: 08/20/2004) 08/20/2004 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Sean M Handler for Plaintiff Kenneth Derr. (nhac, ) (Entered: 08/20/2004) 09/01/2004 15 NOTICE OF Withdrawal of Motions of Kenneth Der to Consolidate Actions [13], to be Appointed Lead Plaintiff and for Approval of Selection of Lead Counsel [11] filed by Plaintiff Kenneth Derr. (nhac, ) (Entered: 09/08/2004) 09/07/2004 18 NOTICE OF NON-Opposition to the Boodaie Groups Motion for Appointment of Kenneth Der as Lead Plaintiff and for Appointment of Lead Counsel [11] filed by plaintiffs.(nhac, ) (Entered: 09/13/2004) 09/08/2004 16 MINUTES (In Chambers): Court Order by Judge Percy Anderson. The hearing for
the Boodaie Groups Motion for Appointment of Lead Plaintiff calendared for 9/13/04 is vacated, and the matter taken off calendar. Until the Court approves a lead plaintiff, it is premature to approve the Boodaie Groups choice of lead counsel. The Court therefore declines to appoint Boodaie Groups choice of lead counsel at this point. See documents for further details.court Reporter: Not Reported. (nhac, ) (Entered: 09/10/2004) 09/08/2004 17 MINUTES (In Chambers): Court Order by Judge Percy Anderson. The Court grants the Motion to Consolidate the four actions [13] filed by the Boodaie Group. Accordingly, the cases list as follows are consolidated for all purposes pursuant to FRCP 42(a): 04CV04600; 04CV04838; 04CV06771 and 04CV04273. The lower number 04CV04273 PA (CTx) is hereby designated the Master File. All documents filed hereafter shall bear the Master file cas number 04CV04273 PA (CTx) and the Caption "In Re 99 Cents Only Stores Securities Litigation." The Court will consider the Boodaie Groups Motion for Appointment as Lead Plaintiff in a separate order. See documents for further details.court Reporter: Not Reported. (nhac, ). (Entered: 09/10/2004) 09/13/2004 19 NOTICE of Entry of Orders 16 filed by plaintiffs. (nhac, ) (Entered: 09/16/2004) 09/22/2004 20 NOTICE of Standing Order [12] filed by plaintiffs. (nhac, ) (Entered: 09/23/2004) 10/04/2004 21 NOTICE of Non-opposition to Appointment of Boodaie Group as Lead Plaintiff filed by Plaintiffs. (ir, ) (Entered: 10/05/2004) 10/05/2004 22 MINUTES IN CHAMBERS - COURT ORDER held before Judge Percy Anderson: The Court Clerk has informed the Court that Joshua Lifshitz, Steven Schulman and Sharon Lee have not submitted an Application of Non-Resident Attorney to Appear in a Specific Case in this matter. The above listed attorneys may not appear in this matter unless they submit the required Applications and filing fees and the Applications are approved by the Court. IT IS SO ORDERED.Court Reporter: Not Reported. (mch, ) (Entered: 10/08/2004) 10/05/2004 23 MINUTES IN CHAMBERS COURT ORDER held before Judge Percy Anderson: The Court has received the Boodaie Groups Notice of Non-Opposition to Appointment of Boodaie Group as Lead Plaintiff. Lead Plaintiff shall file the Consolidated Complaint not later than 60 days from the date of entry of the Order Approving Lead Counsel. IT IS SO ORDERED.Court Reporter: Not Reported. (mch, ) (Entered: 10/08/2004) 10/18/2004 24 MEMORANDUM in Further Support of Appointment of Boodaie Group As Lead Plaintiffs and Approval of Boodaie Group Selection of Co-Lead Counsel filed by Plaintiffs Kenneth Derr, David Harkness. (ir, ) (Entered: 10/21/2004) 10/22/2004 25 MINUTES: IN CHAMBERS-COURT ORDER; Court will in deference to Lead Plaintiffs request, approve Lead Plaintiffs appointment of the law firms of Milberg Weiss Bershad and Schulman LLP and Much Shelist Freed Denenberg Ament and Rubenstein PC as Co-Lead Counsel. The 9/8/04 Order to Show Cause is discharged. Lead Plaintiffs shall file the Consolidated Complaint within sixty (60) days of the date of this Order IT IS SO ORDERED by Judge Percy Anderson Court Reporter: Not Reported. (ir, ) (Entered: 10/25/2004) 10/29/2004 26 NOTICE OF MOTION AND MOTION for Leave of Court of Murray Frank and
Sailer to Withdraw as Counsel for Ralph Schwartz. Motion set for hearing on 11/22/2004 at 01:30 PM before Honorable Percy Anderson. Lodged Order. (ir, ) (Entered: 11/02/2004) 10/29/2004 27 MEMORANDUM of Points and Authorities in Support Motion for Leave of Court of Murray Frank and Sailer to Withdraw as Counsel for Ralph Schwartz. [26]. (ir, ) (Entered: 11/02/2004) 11/09/2004 28 NOTICE of Entry of Order filed by Plaintiffs. (ir, ) (Entered: 11/10/2004) 11/15/2004 29 MINUTES:In Chambers: Court finds MOTION for Leave of Court of Murray Frank and Sailer to Withdraw as Counsel for Ralph Schwartz is appropriate for decision without oral argument and 11/22/04 hearing is vacated and matter under submission; Absent an indicatio that Mr Schwartz consents to the withdrawal or that he has been served with the motion, court Denies MOTION of Murray Frank and Sailer to Withdraw as Attorney for Ralph Schwartz without prejudice[26]; Murray Frank and Sailer may refile motion with proof it has served Mr Schwartz, alternatively court will entertain a stipulation between Murray Frank and Sailer and Mr Schwartz consenting to the withdrawal by Judge Percy Anderson Court Reporter: none. (lc, ) (Entered: 11/23/2004) 12/13/2004 30 NOTICE OF DISCREPANCY AND ORDER: by Judge Percy Anderson, ORDERING Substitution of Attorney submitted by Plaintiffs David Harkness, Kenneth Derr received on 12/9/04 is not to be filed but instead rejected. Denial based on: Local Rule 11-3.1 Document not legible. Unable to read photocopies of Substitution of attorney forms.(ir, ) (Entered: 12/15/2004) 12/21/2004 FAX number for Attorney Elizabeth P Lin, Jeff S Westerman is 213-617-1975. (ir, ) (Entered: 12/22/2004) 12/21/2004 FAX number for Attorneys Joseph D Ament, Conor R Crowley, Carol V Gilden is 312-521-2100. (ir, ) (Entered: 12/22/2004) 12/21/2004 31 CONSOLIDATED 1ST AMENDED COMPLAINT related to: Complaint [1],filed by Consolidated Plaintiffs Joseph Boodaie, Mojgan Boodaie, Samuel Toovy ; Issued Summons on First Amended consolidated complaint. (ir, ) (Entered: 12/22/2004) 12/21/2004 SUMMONS ISSUED re Consolidated First Amended Complaint[31] (ir, ) (Entered: 12/22/2004) 12/28/2004 32 MINUTES: IN CHAMBERS-COURT ORDER; Court is in receipt of lead plaintiffs first consolidated complaint in CV04-4273 PA (CTx). In accordance with this Courts 9/8/04 Order Consolidating Action, the three related actions CV04-4600 PA (CTx), CV04-4838 PA (CTx) and CV04-6771 PA (CTx) are hereby dismissed. The consolidated complaint shall be treated as if it were the original complaint and filing deadlines shall be determined by the filing date of the consolidated complaint. Defendants are only required to respond to the consolidated complaint IT IS SO ORDERED by Judge Percy Anderson Court Reporter: Not Reported. (ir, ) (Entered: 12/29/2004) 12/29/2004 33 STIPULATION AND ORDER by Judge Percy Anderson : Corrected Complaint shall be deemed filed as of the date of this order. Defendants including the New
Defendants shall file their response to the Corrected Complaint within 30 days of the date of the date approves the filing of the Corrected Complaint. If defendants file any motions directed at the Corrected Complaint it shall be noticed for hearing within 24-30 days thereafter. Any opposition and replies shall be filed and served in accordance with the Local Rules.(ir, ) (Entered: 01/03/2005) 12/29/2004 34 CORRECTED CONSOLIDATED FIRST AMENDED COMPLAINT against Consolidated Defendants 99 Cents Only Stores, David Gold, Eric Schiffer, Andrew A Farina, Howard Gold, Jeff Gold correcting Consolidated First Amended Complaint[31],filed by Consolidated Plaintiffs Joseph Boodaie, Mojgan Boodaie, Samuel Toovy (ir, ) (Entered: 01/04/2005) 01/11/2005 35 WAIVER OF SERVICE Returned Executed filed by Consolidated Plaintiffs Joseph Boodaie, Mojgan Boodaie, Samuel Toovy. upon Howard Gold waiver sent by Plaintiff on 1/6/2005, answer due 3/7/2005; Jeff Gold waiver sent by Plaintiff on 1/6/2005, answer due 3/7/2005. Waiver of Service signed by Robert L Dell Angelo, Attorney for Jeff Gold and Howard Gold. ORIGINAL SUMMONS RETURNED. (mch, ) (Entered: 01/13/2005) 01/28/2005 36 NOTICE OF MOTION AND MOTION to Dismiss complaint filed by Defendants 99 Cents Only Stores,David Gold,Eric Schiffer, Andrew A Farina, Howard Gold, Jeff Gold. Motion set for hearing on 2/28/2005 at 01:30 PM before Honorable Percy Anderson.; Memorandum of Points and Authorities; Lodged Proposed Order. (ir, ) (Entered: 01/31/2005) 01/28/2005 37 REQUEST FOR JUDICIAL NOTICE with attached Exhibits in support of Defendants Notice of Motion and Motion to Dismiss complaint [36] filed by Defendants 99 Cents Only Stores,David Gold,Eric Schiffer, Andrew A Farina, Howard Gold, Jeff Gold, (ir, ) (Entered: 01/31/2005) 02/14/2005 38 OPPOSITION to Defendants Motion to dismiss [36] filed by Plaintiffs. (ir, ) (Entered: 02/17/2005) 02/14/2005 39 OPPOSITION to Defendants Request for Judicial Notice [37] filed by Plaintiffs. (ir, ) (Entered: 02/17/2005) 02/18/2005 40 REPLY IN SUPPORT OF MOTION to Dismiss complaint[36] filed by Defendants Howard Gold, Jeff Gold, 99 Cents Only Stores, David Gold and Andrew A Farina. (yl, ) (Entered: 02/24/2005) 02/18/2005 41 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE Regarding Motion to Dismiss complaint[36] filed by Defendants Howard Gold, Jeff Gold, 99 Cents Only Stores, David Gold and Eric Schiffer. Lodged Defendant. (yl, ) (Entered: 02/24/2005) 02/25/2005 42 MINUTES: IN CHAMBERS -COURT ORDER; Before the Court is the Motion to Dismiss the Corrected Consolidated First Amended complaint [36]. Court finds that this matter can be resolved without oral argument. Court therefore takes this matter under submission. Hearing scheduled for 2/28/05 at 1:30 is taken off calendar by Judge Percy Anderson Court Reporter: Not Reported. (ir, ) (Entered: 02/28/2005) 03/30/2005 43 ORDER by Judge Percy Anderson: Grants Defendants Motion to dismiss the Corrected Consolidated First Amended complaint [36]. Court grants plaintiff leave
to amend the Corrected Consolidated First Amended complaint. Plaintiff shall file an amended consolidated complaint within thirty (30) days of the date of this Order. Defendants shall have thirty (30) days to answer or otherwise respond to an amended consolidated complaint.(ir, ) (Entered: 03/31/2005) 04/29/2005 44 SECOND AMENDED CONSOLIDATED COMPLAINT with Jury Demand amending Corrected Complaint [34] filed by Consolidated Plaintiffs. (ir, ) (Entered: 05/05/2005) 06/02/2005 45 STIPULATION AND ORDER by Judge Percy Anderson: that Defendants response to Second Amended Complaint is due on or before 6/15/05(ir, ) (Entered: 06/06/2005) 06/16/2005 46 CERTIFICATION as to Interested Parties filed by Defendants Jeff Gold, 99 Cents Only Stores, David Gold, Eric Schiffer, Andrew A Farina. (ir, ) (Entered: 06/20/2005) 06/16/2005 47 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint pursuant to 15 USC subsection 78u-4 and FRCP 12(b)(6) filed by Defendants Howard Gold, Jeff Gold, 99 Cents Only Stores, David Gold, Eric Schiffer, Andrew A Farina. Motion set for hearing on 8/8/2005 at 01:30 PM before Honorable Percy Anderson.; Memorandum of Points and Authorities; Lodged Order. (ir, ) (Entered: 06/27/2005) 07/15/2005 48 OPPOSITION to MOTION to Dismiss Second Amended Complaint[47] filed by plaintiffs, David Harkness, Kenneth Derr. (sv) (Entered: 07/22/2005) 08/01/2005 49 REPLY in support of MOTION to Dismiss Second Amended Complaint pursuant to 15 USC subsection 78u-4 and FRCP 12(b)(6) [47] filed by Defendants Howard Gold, Jeff Gold, 99 Cents Only Stores, David Gold, Eric Schiffer, Andrew A Farina. (shb, ) (Entered: 08/04/2005) 08/04/2005 50 MINUTES (IN CHAMBERS ORDER) by Judge Percy Anderson: Taking under submission defendants MOTION to Dismiss Second Amended Complaint [47]. The hearing scheduled for 8/8/05 is taken off calendar. Court Reporter: Not Reported. (mg, ) (Entered: 08/05/2005) 08/18/2005 51 STATEMENT of Recent Decision filed by Plaintiff Kenneth Derr (ir, ) (Entered: 08/23/2005) 09/21/2005 52 NOTICE OF NEWLY DISCLOSED MATERIAL FACTS filed by plaintiffs Joseph Boodaie, Mojgan Boodaie, Samuel Toovy, David Harkness, Kenneth Derr. (twdb, ) (Entered: 09/29/2005) 09/29/2005 53 Defendants' RESPONSE to Plaintiff's NOTICE OF NEWLY DISCLOSED MATERIAL FACTS [52] filed by plaintiffs filed by Consol Defendants Howard Gold, Jeff Gold, Defendants 99 Cents Only Stores, David Gold, Eric Schiffer, Andrew A Farina (shb, ) (Entered: 10/04/2005) 09/30/2005 54 MINUTES: IN CHAMBERS-COURT ORDER; Court therefore strikes Plaintiffs Notice of Newly Disclosed Material Facts [52] and Defendants Response to Plaintiffs Notice of Newly Disclosed Material Facts [53]. Any future violations of the Local Rules may result in the imposition of sanctions IT IS SO ORDERED by Judge Percy Anderson Court Reporter: Not Reported. (ir, ) (Entered: 10/04/2005)
03/16/2006 55 JOINT STATUS REPORT regarding Settlement. (jp, ) (Entered: 03/23/2006) 04/27/2006 56 MINUTES: IN CHAMBERS-COURT ORDER; Court has been advised by counsel that the action has been settled. Therefore the Court dismisses this action without costs and without prejudice IT IS SO ORDERED by Judge Percy Anderson Court Reporter: Not Reported (Made JS-6. Case Terminated.) (ir, ) (Entered: 05/03/2006) 04/27/2006 57 JOINT STATUS REPORT RE SETTLEMENT filed by Plaintiffs David Harkness, Kenneth Derr. (yl, ) (Entered: 05/09/2006) 05/18/2006 58 MAIL RETURNED addressed to Stuwart L Berman of Schiffrin and Barroway regarding Minute Order 56 (ir, ) (Entered: 05/22/2006) 06/02/2006 60 NOTICE OF APPEAL AND REPRESENTATION STATEMENT to 9th CCA filed by plaintiff Joseph Boodaie, Mojgan Boodaie. Appeal of 56 Filed On: 4/27/06; Entered On: 5/03/06; Filing fee; $455; Paid; receipt number 85701. cc: Jeff S. Westerman; George M. Garvey (lr, ) Modified on 6/19/2006 (lr, ). (Entered: 06/19/2006) 06/02/2006 Civil Appeals Docketing Statement received from plaintiff Joseph Boodaie, Mojgan Boodaie forwarded to 9th CCA. RE: Appeal to Circuit Court 60 Filed on: 6/02/06; Entered on: 6/19/06 (lr, ) (Entered: 06/19/2006) 06/12/2006 59 STATEMENT that appellant does not intend to order Reporters Transcripts and statement of issues appellant intends to present on appeal filed by Consolidated Plaintiffs Joseph Boodaie, Mojgan Boodaie, Samuel Toovy (ir, ) (Entered: 06/13/2006) 06/14/2006 62 MINUTES: Status Conference held. Court and counsel confer regarding the Courts order of dismissal dated 4/27/06 and Plaintiffs notice of appeal dated 6/2/06 by Judge Percy Anderson Court Reporter: Lynne Smith. (ir, ) (Entered: 07/06/2006) 06/20/2006 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, 60 (lr, ) (Entered: 06/20/2006) 06/27/2006 61 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: none requested; Court of Appeals Case Number: 06-55864; Re: Appeal to Circuit Court 60 (lr, ) (Entered: 06/29/2006) 07/11/2006 63 NOTIFICATION by Circuit Court of Appellate Docket Number 06-55864, 9th CCA regarding Appeal to Circuit Court, 60 filed by Joseph Boodaie, Mojgan Boodaie,. (ghap, ) (Entered: 07/11/2006) 07/19/2006 64 MAIL RETURNED addressed to Stuart L Berman of Schiffrin and Barroway regarding Minute Order 62 (ir, ) (Entered: 07/25/2006) 07/25/2006 65 NOTICE of Change of Address by Jeff S Westerman attorney for Consol Plaintiffs Joseph Boodaie, Mojgan Boodaie, Samuel Toovy, changing address to 300 South Grand Avenue, Suite 3900, Los Angeles, CA 90071. Filed by plaintiff Joseph Boodaie, Mojgan Boodaie, and Samuel Toovy (bb, ) (Entered: 07/27/2006) 08/31/2006 66 MANDATE of 9th CCA filed as to Appeal to Circuit Court, 60 CCA # 06-55864. Pursuant to the terms of the parties' stipulation, this appeal is dismissed without prejudice to reinstatement in the event the District Court fails to approve the terms
of the parties' settlement. Reinstatement shall be by notice filed by any party in this court and served on the other parties and the Circuit Mediator within 28 days of the District Court order, but in any event by 9/1/07. If no notice of reinstatement is filed and served by 9/1/07, the appeal will be deemed dismissed with prejudice. A certified copy of this order shall serve as the mandate of this court. Mandate received in this district on 9/6/06 (car, ) Modified on 9/12/2006 (car, ). (Entered: 09/12/2006) 09/20/2006 67 STIPULATION of Settlement filed by defendants' 99 Cents Only Stores. (bp, ) (Entered: 09/22/2006) 09/20/2006 68 NOTICE OF MOTION AND MOTION for Setting Aside Dismissal Without Prejudice and for preliminary approval of class action settlement filed by plaintiffs' Joseph Boodaie, Mojgan Boodaie. Motion set for hearing on 10/16/2006 at 01:30 PM before Judge Percy Anderson. (bp, ) (Entered: 09/22/2006) 09/20/2006 69 MEMORANDUM in Support of MOTION to Set Aside MOTION for Order for preliminary approval of class action settlement MOTION for Order for preliminary approval of class action settlement[68] filed by plaintiffs' Joseph Boodaie, Mojgan Boodaie. (bp, ) (Entered: 09/22/2006) 10/12/2006 70 NOTICE of Preliminary Settlement Hearing Cancellation filed by Plaintiffs. (ir, ) (Entered: 10/19/2006) 10/23/2006 71 PRELIMINARY ORDER FOR NOTICE TO CLASS AND HEARING IN CONNECTION WITH SETTLEMENT PROCEEDINGS by Judge Percy Anderson: a hearing pursuant to Rule 23(e) of the FRCP is hereby scheduled to be held before the court on 1/22/07 at 1:30pm; The claims administrator shall cause the notice and the proof of claim substantially in the forms annexed hereto to be mailed by first class ail postage prepaid on or before 11/06/06; a properly executed proof of claim substantially in the form attached hereto as exihibit 2 must be submitted to the claims administrator at the PO Box indicated in the Notice, postmarked no later than 2/26/07; a class member wishing to make such request shall mail the request in written form by first class mail postmarked no later than 1/8/07 to the address designated in the notice; (see document for further details) (Case reopened. MD JS-5.)(klg, ) (Entered: 10/25/2006) 12/19/2006 72 NOTICE of Change of Attorney Information: effective January 1, 2007, changing firm name to Schiffrin Barroway Topaz and Kessler for attorney Katharine M. Ryan. Filed by plaintiff Joseph Boodaie, Mojgan Boodaie, Samuel Toovy (stsh, ) (Entered: 12/28/2006) 12/28/2006 73 MEMORANDUM in Support of APPLICATION for an award of attorneys fees and expenses filed by plaintiffs David Harkness, Kenneth Derr. (jag, ) (Entered: 01/17/2007) 12/28/2006 74 MEMORANDUM in Support of MOTION for Final Approval of Class Action Settlement filed by plaintiffs David Harkness, Kenneth Derr. (jag, ) (Entered: 01/17/2007) 12/28/2006 75 DECLARATION of JEFF S WESTERMAN in support of MOTION for final approval of class action settlement; Approval of Plan of Allocation; and Award of Attorneys fees and expenses filed by Plaintiffs David Harkness, Kenneth Derr. (jag,
) (Entered: 01/17/2007) 01/03/2007 76 APPENDIX of Non-published cases in support of application for an award of attorneys' fees and expenses, filed by Consol Plaintiffs Joseph Boodaie, Mojgan Boodaie, Samuel Toovy. (gg, ) (Entered: 01/18/2007) 01/03/2007 77 NOTICE of Change of Address by Elizabeth P Lin, Jeff S Westerman attorney for Consol Plaintiff Samuel Toovy, changing firm's name to Milberg Weiss and Bershad LLP. Filed by Consol plaintiff. (ak, ) (Entered: 01/22/2007) 01/12/2007 78 DECLARATION of ELIZABETH P. LIN IN Support of Motion for Final Approval of Class Action Settlement; Approval of Plan of Allocation filed by Plaintiff Joseph Boodaie, Mojgan Boodaie, David Harkness, Kenneth Derr. (yl, ) (Entered: 01/24/2007) 01/12/2007 79 DECLARATION of SUPPLEMENTAL DECLARATION OF ELIZABETH P. LIN In Support of Motion for Final approval of Class Action Settlement; Approval of Plan of Allocation; and Award of Attorney's Fees and Expenses [68] filed by Plaintiff Samuel Toovy, David Harkness, Kenneth Derr. (yl, ) (Entered: 01/31/2007) 01/12/2007 80 DECLARATION of SUPPLEMENTAL DECLARATION IN Further Support of Motion for Final Approval of Class Action Settlement; Approval of Plan of Allocation; and Award of Attorney's Fees and Expenses[68] filed by Plaintiff David Harkness, Kenneth Derr. (yl, ) (Entered: 01/31/2007) 02/08/2007 81 TRANSCRIPT filed for proceedings held on 1/22/07. Court Reporter: Bridget R. Montero. (lom) (Entered: 02/08/2007) 02/08/2007 82 ORDER by Judge Percy Anderson: The Court GRANTS Plaintiffs Counsels application for $1,075,000 in attorneys fees and $146,645.20 in costs. The court authorizes reimbursement of expenses of $2,000 for plaintiff class representatives: Joseph Boodaie and Samuel Toovey. IT IS SO ORDERED.(klg, ) (Entered: 02/09/2007) 02/08/2007 83 JUDGMENT by Judge Percy Anderson: Plaintiffs Counsel are awarded $1,075,000 in attorneys fees and $146,645.20 in reimbursement of expenses. Lead plaintiff Joseph Boodaie is hereby awarded $2000 and Lead Plaintiff Samuel A Toovy is hereby awarded $2000 for reimbursement of expenses directly related to representation of the Class. Up tp $250,000 of the Gross Settlement Fund may be used to pay the costs of claims administration, including mailing and postage costs. 82 (see document for further details) (MD JS-6, Case Terminated).(klg, ) (Entered: 02/09/2007) 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