US District Court Civil Docket as of March 2, 2012 Retrieved from the court on November 15, 2013 UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana) CIVIL DOCKET FOR CASE #: 8:10-cv-01327-JLS-RNB IN RE Beckman Coulter, Inc. Securities Litigation Date Filed: 09/03/2010 Assigned to: Judge Josephine L. Staton Date Terminated: 03/02/2012 Referred to: Magistrate Judge Robert N. Block Jury Demand: Plaintiff Cause: 15:78m(a) Securities Exchange Act Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff City of Southfield Fire and Police represented by Catherine J Kowalewski Retirement System Robbins Geller Rudman & Dowd LLP Individually and on behalf of all others 655 West Broadway, Suite 1900 similarly situated San Diego, CA 92101-3301 TERMINATED: 02/07/2011 619-231-1058 Fax: 619-231-7423 Email: katek@rgrdlaw.com TERMINATED: 02/17/2011 Darren J Robbins Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101-3301 619-231-1058 Fax: 619-231-7423 Email: e_file_sd@rgrdlaw.com TERMINATED: 02/17/2011 David C Walton Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101-3301 619-231-1058 Fax: 619-231-7423 Email: davew@rgrdlaw.com TERMINATED: 02/17/2011 Gretchen M Nelson Kreindler & Kreindler LLP 707 Wilshire Boulevard Suite 4100
Los Angeles, CA 90017 213-622-6469 Fax: 213-622-6019 Email: gnelson@kreindler.com Mark I Labaton Motley Rice LLP 1801 Century Park East Suite 475 Los Angeles, CA 90067 310-552-7992 Fax: 310-552-8054 Email: mlabaton@motleyrice.com Michael J Vanoverbeke Vanoverbeke Michaud and Timmony PC 79 Alfred Street Detroit, MI 48201 313-578-1200 Fax: 313-578-1201 TERMINATED: 02/17/2011 Plaintiff Arkansas Teacher Retirement System represented by Christopher J Keller Labaton Sucharow LLP 140 Broadway Avenue New York, NY 10005 212-907-0700 Fax: 212-818-0477 Email: ckeller@labaton.com LEAD ATTORNEY Christopher J McDonald Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0861 Fax: 212-818-0477 Email: cmcdonald@labaton.com Mark I Labaton
Nicole M Zeiss Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0700 Fax: 212-808-0477 Email: NZeiss@labaton.com Plaintiff Iron Workers District Counsel of New England Pension Fund also known as Iron Workers District Council of New England Pension Fund represented by Christopher J Keller Christopher J McDonald Mark I Labaton Nicole M Zeiss Plaintiff Steelworkers Pension Trust represented by Sherrie R Savett Berger & Montague PC 1622 Locust Street Philadelphia, PA 19103 215-875-3000 Fax: 215-875-4604 Email: ssavett@bm.net LEAD ATTORNEY Barbara A Podell Berger & Montague PC 1622 Locust Street Philadelphia, PA 19102 215-875-3000 Fax: 215-875-4604 Email: bpodell@bm.net
Douglas M Risen Berger & Montague PC 1622 Locust Street Philadelphia, PA 19103-6365 215-875-4631 Fax: 215-875-4636 Email: drisen@bm.net Jacob M Polakoff Berger and Montague PC 1622 Locust Street Philadelphia, PA 19103 215-875-3000 Fax: 215-875-4604 Email: jpolakoff@bm.net Mark I Labaton Phyllis M Parker Berger & Montague P.C. 1622 Locust Street Philadelphia, PA 19102 215-875-3000 Fax: 215-875-4604 Email: pparker@bm.net V. Defendant Beckman Coulter Inc represented by Michele D Johnson Latham & Watkins LLP 650 Town Center Drive Suite 200 Costa Mesa, CA 92626 714-540-1235 Fax: 714-755-8291 Email: michele.johnson@lw.com Miles N Ruthberg Latham and Watkins LLP 355 South Grand Avenue Suite 100
Los Angeles, CA 90071-1560 213-485-1234 Fax: 213 891-8763 Email: miles.ruthberg@lw.com Pamela S Palmer Latham & Watkins LLP 650 Town Center Drive 20th Floor Costa Mesa, CA 92626-1925 714-540-1235 Fax: 714-755-8290 Email: pamela.palmer@lw.com Defendant Scott T Garrett represented by Michele D Johnson Miles N Ruthberg Pamela S Palmer Defendant Charles P Slacik represented by Michele D Johnson Miles N Ruthberg Pamela S Palmer Date Filed # Docket Text 09/03/2010 1 COMPLAINT against Defendants Beckman Coulter Inc, Scott T Garrett and Charles P Slacik. Case assigned to Judge Andrew J. Guilford for all further proceedings. Discovery referred to Magistrate Judge Robert N. Block.(Filing fee $ 350 Paid). Jury Demanded. Filed by Plaintiff City of Southfield Fire and Police Retirement System.(lwag) (Entered: 09/07/2010)
09/03/2010 21 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery) 1 as to Defendants Beckman Coulter Inc, Scott T Garrett and Charles P Slacik. (lwag) (Entered: 09/07/2010) 09/03/2010 09/15/2010 09/27/2010 2 CERTIFICATE of Interested Parties filed by Plaintiff City of Southfield Fire and Police Retirement System. (lwag) (Entered: 09/07/2010) 3 MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford: RE: REPRESENTATION OF BCI: Judge Guilford believes he can fairly and properly hear cases involving BCI, but he will recuse himself from this case if requested by any party. Within 15 days of service of this notice, Plaintiff counsel shall determine if any party requests therecusal of The Honorable Andrew J. Guilford, and notify the Court if such recusal is requested, but without letting the Court know the source of the request. (rla) (Entered: 09/15/2010) 4 STIPULATION for Extension of Time to File Answer filed by Defendants Beckman Coulter Inc, Scott T Garrett, Charles P Slacik.(Palmer, Pamela) (Entered: 09/27/2010) 09/27/2010 5 NOTICE OF LODGING filed [Proposed] Order re Stipulation to Extend Time to Answer (More than 30 days) 4 (Attachments: # 1 Proposed Order)(Palmer, Pamela) (Entered: 09/27/2010) 09/27/2010 6 CORPORATE DISCLOSURE STATEMENT Fed.R.Civ.P. 7.1 filed by Defendants Beckman Coulter Inc, Scott T Garrett, Charles P Slacik (Palmer, Pamela) (Entered: 09/27/2010) 09/27/2010 7 Notice of Interested Parties filed by Defendants Beckman Coulter Inc, Scott T Garrett, Charles P Slacik, identifying Beckman Coulter, Inc., Scott T. Garrett, Charles P. Slacik. (Palmer, Pamela) (Entered: 09/27/2010) 09/28/2010 09/28/2010 8 PROOF OF SERVICE Executed by Plaintiff City of Southfield Fire and Police Retirement System, upon Defendant Beckman Coulter Inc served on 9/7/2010, answer due 9/28/2010. Service of the Summons and Complaint were executed upon Becky DeGeorge, Person Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Kowalewski, Catherine) (Entered: 09/28/2010) 9 PROOF OF SERVICE Executed by Plaintiff City of Southfield Fire and Police Retirement System, upon Defendant Scott T Garrett served on 9/7/2010, answer due 9/28/2010. Service of the Summons and Complaint were executed upon Scott T. Garrett/Matt Mettler, Adult Son/Co-Occupant in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy. Original Summons NOT returned. (Kowalewski, Catherine) (Entered: 09/28/2010) 09/28/2010 10 PROOF OF SERVICE Executed by Plaintiff City of Southfield Fire and Police Retirement System, upon Defendant Charles P Slacik served on 9/7/2010, answer due 9/28/2010. Service of the Summons and Complaint were executed upon Charles P. Slacik in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Kowalewski, Catherine) (Entered: 09/28/2010) 10/13/2010 11 ORDER TRANSFERRING CIVIL ACTION pursuant to Section 3.1 of General Order 08-05. ORDER case transferred from Judge Andrew J. Guilford to the calendar of
Judge Josephine Staton Tucker for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV10-01327 JST (RNBx). Signed by Judge Andrew J. Guilford and Judge Josephine Staton Tucker. (rrp) (Entered: 10/13/2010) 10/13/2010 12 MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford: re: Order Transferring Case 11 : This Court previously gave parties the option of requesting the recusal of the Honorable Andrew J. Guilford from this case. The Court is now aware of a factually similar case pending before the Honorable Josephine Tucker. In the interests of justice, all related cases should be before the same judge. The Court therefore TRANSFERS this case to Judge Tucker. (wr) (Entered: 10/14/2010) 11/01/2010 13 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE STATON TUCKER by Judge Josephine Staton Tucker. PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (twdb) (Entered: 11/02/2010) 11/02/2010 14 NOTICE OF MOTION AND Third Party MOTION to Consolidate Cases, as to 10-1334, filed by PROPOSED LEAD PLAINTIFF STEELWORKERS PENSION TRUST -- and not the City of Southfield Fire and Police Retirement System. Motion set for hearing on 12/6/2010 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum of Points and Authorities in Support of Steelworkers Pension Trust's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel, # 2 Declaration of Eric Lechtzin in Support of Steelworkers Pension Trust's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel, # 3 Exhibit A to Declaration of Eric Lechtzin, # 4 Exhibit B to Declaration of Eric Lechtzin, # 5 Exhibit C to Declaration of Eric Lechtzin, # 6 Exhibit D to Declaration of Eric Lechtzin, # 7 Exhibit E to Declaration of Eric Lechtzin, # 8 Proposed Order Consolidating the Actions, Appointing Lead Plaintiff and Approving Selection of Lead Counsel)(Nelson, Gretchen) (Entered: 11/02/2010) 11/02/2010 15 PROOF OF SERVICE filed by PROPOSED LEAD PLAINTIFF STEELWORKERS PENSION TRUST -- and not City of Southfield Fire and Police Retirement System, re Third Party MOTION to Consolidate Cases, as to 10-1334, 14 APPOINTING LEAD PLAINTIFF AND APPROVING SELECTION OF LEAD COUNSEL served on 11/2/2010. (Nelson, Gretchen) (Entered: 11/02/2010) 11/02/2010 16 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 8:10-cv-1334,, MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff filed by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund City of Southfield Fire and Police Retirement System. Motion set for hearing on 11/29/2010 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Proposed Order)(Labaton, Mark) (Entered: 11/02/2010) 11/02/2010 17 MEMORANDUM in Support of MOTION to Consolidate Cases, as to 8:10-cv-1334, MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 16 by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund filed by Plaintiff City of Southfield Fire and Police Retirement System. (Labaton, Mark) (Entered: 11/02/2010) 11/02/2010 18 DECLARATION of Rachel A. Avan in Support of MOTION to Consolidate Cases, as
to 8:10-cv-1334, MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 16 by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund filed by Plaintiff City of Southfield Fire and Police Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Labaton, Mark) (Entered: 11/02/2010) 11/02/2010 19 Certification and Notice of Interested Parties filed by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund City of Southfield Fire and Police Retirement System, identifying Labaton Sucharow LLP, Motley Rice LLP. (Labaton, Mark) (Entered: 11/02/2010) 11/02/2010 20 CERTIFICATE OF SERVICE filed by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund City of Southfield Fire and Police Retirement System, re Declaration (Motion related), Declaration (Motion related) 18, Certificate/Notice of Interested Parties, 19, Memorandum in Support of Motion, 17, MOTION to Consolidate Cases, as to 8:10-cv-1334, MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 16 served on 11/2/2010. (Labaton, Mark) (Entered: 11/02/2010) 11/03/2010 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Consolidate Cases, as to 8:10-cv-1334, MOTION for Appointment of Counsel and for Appointment as Lead Plaintiff 16. The following error(s) was found: Hearing information is not timely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rrp) (Entered: 11/03/2010) 11/03/2010 22 ORDER by Judge Josephine Staton Tucker: the following document(s) (documents 16-18,20) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order:, for the following reasons: Local Rule 6. (db) (Entered: 11/05/2010) 11/05/2010 23 NOTICE OF MOTION AND Corrected MOTION to Consolidate Cases, as to 8:10-cv- 1334,, Corrected MOTION for Appointment of Counsel and Corrected Motion for Appointment as Lead Plaintiff filed by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund City of Southfield Fire and Police Retirement System. Motion set for hearing on 12/6/2010 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Proposed Order)(Labaton, Mark) (Entered: 11/05/2010) 11/05/2010 24 MEMORANDUM in Support of Corrected MOTION to Consolidate Cases, as to 8:10- cv-1334,corrected MOTION for Appointment of Counsel and Corrected Motion for Appointment as Lead Plaintiff 23 Corrected Memorandum in Support by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund filed by Plaintiff City of Southfield Fire and Police Retirement System. (Labaton, Mark) (Entered: 11/05/2010) 11/05/2010 25 DECLARATION of Rachel A. Avan in Support of Corrected MOTION to Consolidate Cases, as to 8:10-cv-1334,Corrected MOTION for Appointment of Counsel and Corrected Motion for Appointment as Lead Plaintiff 23, Corrected Declaration of Rachel A. Avan by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund filed by Plaintiff City of Southfield Fire
and Police Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Labaton, Mark) (Entered: 11/05/2010) 11/05/2010 26 CERTIFICATE OF SERVICE filed by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund City of Southfield Fire and Police Retirement System, re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 25, Memorandum in Support of Motion, 24, Corrected MOTION to Consolidate Cases, as to 8:10-cv-1334,Corrected MOTION for Appointment of Counsel and Corrected Motion for Appointment as Lead Plaintiff 23 served on 11/5/10. (Labaton, Mark) (Entered: 11/05/2010) 11/10/2010 27 ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine Staton Tucker. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. ( Scheduling Conference set for 1/31/2011 01:30 PM before Judge Josephine Staton Tucker.) (twdb) (Entered: 11/14/2010) 11/15/2010 28 STIPULATION to Consolidate Cases as to 8:10-cv-1327, 8:10-cv-1334, STIPULATION for Order for Appointment as Lead Plaintiff and Approval of Selection of Counsel filed by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund. City of Southfield Fire and Police Retirement System. (Attachments: # 1 Proposed Order)(Labaton, Mark) (Entered: 11/15/2010) 11/15/2010 29 CERTIFICATE OF SERVICE filed by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund. City of Southfield Fire and Police Retirement System, re Stipulation to Consolidate Cases, Stipulation for Order,, 28 served on 11/15/2010. (Labaton, Mark) (Entered: 11/15/2010) 12/01/2010 30 MINUTES (IN CHAMBERS): ORDER by Judge Josephine Staton Tucker: DENYING as moot 14 Motion; AND DENYING as moot 23 Motion and ORDERING PLAINTIFFS to File Revised Proposed Order for Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of Counsel (Doc 28) No Later Than 12/3/10 at 12:00 p.m. (rla) (Entered: 12/01/2010) 12/03/2010 31 NOTICE OF LODGING filed re Order on Appointment of Lead Plaintiff, re Order on Motion to Consolidate Cases,, Order on Motion for Appointment of Counsel,,, 30 (Attachments: # 1 Proposed Order)(Labaton, Mark) (Entered: 12/03/2010) 12/03/2010 32 CERTIFICATE OF SERVICE filed by Movant Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund City of Southfield Fire and Police Retirement System, re Notice of Lodging 31 served on December 3, 2010. (Labaton, Mark) (Entered: 12/03/2010) 12/08/2010 33 STATEMENT Position filed by Defendants Beckman Coulter Inc, Scott T Garrett, Charles P Slacik re: Notice of Lodging 31. (Palmer, Pamela) (Entered: 12/08/2010) 12/08/2010 34 ORDER by Judge Josephine Staton Tucker, FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL re Stipulation to Consolidate Cases 28. [NOTE: CHANGES MADE BY THE COURT] (See document for details.) (rla) Modified on 12/10/2010 (rla). (Entered: 12/09/2010) 12/08/2010 35 MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: The hearing
originally scheduled for January 31, 2011, has been rescheduled: Scheduling Conference set for 5/23/2011 at 01:30 PM before Judge Josephine Staton Tucker. (ade) (Entered: 12/10/2010) 12/30/2010 36 APPLICATION for attorney Christopher J. McDonald to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by plaintiff Arkansas Teacher Retirement System, Iron Workers District Council of New England Pension Fund. (Attachments: # 1 Certificate of Good Standing)(Labaton, Mark) (Entered: 12/30/2010) 12/30/2010 37 APPLICATION for Order filed by plaintiff Arkansas Teacher Retirement System, Iron Workers District Council of New England Pension Fund. (Labaton, Mark) (Entered: 12/30/2010) 01/07/2011 38 APPLICATION for attorney SHERRIE R. SAVETT to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff Steelworkers Pension Trust. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Labaton, Mark) (Entered: 01/07/2011) 01/07/2011 39 APPLICATION for attorney BARBARA A. PODELL to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff Steelworkers Pension Trust. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Labaton, Mark) (Entered: 01/07/2011) 01/07/2011 40 APPLICATION for attorney DOUGLAS M. RISEN to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff Steelworkers Pension Trust. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Labaton, Mark) (Entered: 01/07/2011) 01/07/2011 41 CERTIFICATE OF SERVICE filed by Plaintiff Steelworkers Pension Trust, re APPLICATION for attorney DOUGLAS M. RISEN to Appear Pro Hac Vice (PHV FEE NOT PAID.) 40, APPLICATION for attorney BARBARA A. PODELL to Appear Pro Hac Vice (PHV FEE NOT PAID.) 39, APPLICATION for attorney SHERRIE R. SAVETT to Appear Pro Hac Vice (PHV FEE NOT PAID.) 38 served on January 7, 2011. (Labaton, Mark) (Entered: 01/07/2011) 01/11/2011 42 ORDER by Judge Josephine Staton Tucker: granting 39 Application to Appear Pro Hac Vice by Attorney Barbara A Podell on behalf of Plaintiff Steelworkers Pension Trust, designating Mark I Labaton as local counsel. (vh) (Entered: 01/12/2011) 01/11/2011 43 ORDER by Judge Josephine Staton Tucker: granting 36 Application to Appear Pro Hac Vice by Attorney Christopher J McDonald on behalf of Plaintiffs Arkansas Teacher Retirement System and Iron Workers District Council of New England Pension Fund, designating Mark I Labaton as local counsel. (vh) (Entered: 01/12/2011) 01/11/2011 44 ORDER by Judge Josephine Staton Tucker: granting 40 Application to Appear Pro Hac Vice by Attorney Douglas M Risen on behalf of Plaintiff Steelworkers Pension Trust, designating Mark I Labaton as local counsel. (vh) (Entered: 01/12/2011) 01/11/2011 45 ORDER by Judge Josephine Staton Tucker: granting 38 Application to Appear Pro Hac Vice by Attorney Sherrie R. Savett on behalf of Steelworkers Pension Trust, designating Mark I. Labaton as local counsel. (lt) (Entered: 01/12/2011) 02/07/2011 46 CONSOLIDATED COMPLAINT related to: Complaint 1 ; filed by plaintiffs Arkansas Teacher Retirement System, Steelworkers Pension Trust, Iron Workers District
Counsel of New England Pension Fund. (Attachments: # 1 PART 2, # 2 PART 3, # 3 PART 4, # 4 PART 5)(rla) (Entered: 02/08/2011) 02/07/2011 47 PROOF OF SERVICE filed by plaintiffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund, Steelworkers Pension Trust, re Consolidated Complaint, 46 ; served on 2/7/11. (rla) (Entered: 02/08/2011) 02/17/2011 48 NOTICE of Withdrawal of Counsel filed by terminated plaintiff City of Southfield Fire and Police Retirement System. (Walton, David) (Entered: 02/17/2011) 03/22/2011 49 STIPULATION to Continue filed by Plaintiff Arkansas Teacher Retirement System. (Attachments: # 1 Proposed Order)(Labaton, Mark) (Entered: 03/22/2011) 03/25/2011 50 ORDER by Judge Josephine Staton Tucker, granting Stipulation for extension of time to file motion to dismiss, setting briefing schedule, and adjourning conference 49. IT IS HEREBY ORDERED THAT: Defendant shall file their motion to dismiss no later than 4/22/11. Lead Plaintiff shall file its opposition to Defendants' motion no later than 6/21/11. Defendants shall file any reply no later than 8/5/11; and The hearing scheduled for 5/23/11 is vacated. (twdb) (Entered: 03/28/2011) 04/18/2011 51 STIPULATION to Exceed Page Limitation as to Opening and Opposing Briefs in Connection with Consolidated Motions to Dismiss filed by Defendants Beckman Coulter Inc, Scott T Garrett, Charles P Slacik. (Attachments: # 1 Proposed Order)(Palmer, Pamela) (Entered: 04/18/2011) 04/21/2011 52 ORDER by Judge Josephine Staton Tucker on Stipulation to Exceed Page Limitation 51 : Defendants may file a consolidated Motion to Dismiss not to exceed 35 pages, Plaintiffs may file an Opposition to the Motion to Dismiss not to exceed 35 pages and Defendants may file a Reply in support of their Motion to Dismiss not to exceed 20 pages. (em) (Entered: 04/21/2011) 04/22/2011 53 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Beckman Coulter Inc, Scott T Garrett, Charles P Slacik. Motion set for hearing on 8/22/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Declaration of Michele D. Johnson in Support of Defts' Motion to Dismiss, # 2 Proposed Order)(Palmer, Pamela) (Entered: 04/22/2011) 04/22/2011 54 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 53 filed by Defendants Beckman Coulter Inc, Scott T Garrett, Charles P Slacik. (Johnson, Michele) (Entered: 04/22/2011) 06/16/2011 55 STIPULATION for Extension of Time to File Opposition to Motion to Dismiss and Reply Supporting Motion to Dismiss filed by plaintiff Arkansas Teacher Retirement System. (Attachments: # 1 Proof of Service, # 2 Proposed Order)(Labaton, Mark) (Entered: 06/16/2011) 06/20/2011 56 ORDER by Judge Josephine Staton Tucker, for Extension of Time to File Opposition to Motion to Dismiss and Reply Supporting Motion to Dismiss: Continue Hearing, re Stipulation 55 : (NOTE CHANGES BY THE COURT) IT IS ORDERED:1. Lead Plaintiffs shall file its opposition to the Defendants' motion to dismiss no later than September 21, 2011; 2. Defendants shall file any reply by no later than November 3, 2011; and 3. The hearing on defendant's motion to dismiss is continued from August 22, 2011, to November 21, 2011, at 10:00 a.m. (rla) (Entered: 06/21/2011)
09/19/2011 57 NOTICE Unopposed Motion for Preliminary Approval of Class Action Settlement filed by Plaintiff Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. (Labaton, Mark) (Entered: 09/19/2011) 09/19/2011 58 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action filed by Plaintiff Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. Motion set for hearing on 10/24/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Labaton, Mark) (Entered: 09/19/2011) 09/19/2011 59 DECLARATION of Christopher J. McDonald in support of MOTION for Settlement Approval of Class Action 58 filed by Plaintiffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Labaton, Mark) (Entered: 09/19/2011) 09/19/2011 60 REQUEST for Order for Preliminary Approval Order Providing for Notice and Hearing in Connection with Proposed Class Action Settlement filed by Plaintiff Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. Request set for hearing on 10/24/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Labaton, Mark) (Entered: 09/19/2011) 09/19/2011 61 PROOF OF SERVICE filed by Plaintiff Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund, served on September 19, 2011. (Labaton, Mark) (Entered: 09/19/2011) 09/21/2011 62 Notice of Withdrawal of Motion to Dismiss Case, 53 filed by Defendants Beckman Coulter Inc, Scott T Garrett, Charles P Slacik. (Palmer, Pamela) (Entered: 09/21/2011) 10/10/2011 63 APPLICATION for attorney Nicole M. Zeiss to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9342845 paid.) filed by Plaintiff Arkansas Teacher Retirement System. (Attachments: # 1 Proposed Order)(Labaton, Mark) (Entered: 10/10/2011) 10/12/2011 64 ORDER by Judge Josephine Staton Tucker: granting 63 Application to Appear Pro Hac Vice by Attorney Nicole M. Zeiss on behalf of Plaintiffs Arkansas Teacher Retirement System and Iron Workers District Counsel of New England Pension Fund, designating Mark Labaton as local counsel. (lt) (Entered: 10/14/2011) 10/19/2011 65 APPLICATION for attorney Phyllis M. Parker to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by plaintiff Steelworkers Pension Trust. (Attachments: # 1 Proposed Order)(Labaton, Mark) (Entered: 10/19/2011) 10/19/2011 66 NOTICE OF APPEARANCE of Phyllis M. Parker of Berger & Montague filed by Plaintiff Steelworkers Pension Trust. (Labaton, Mark) (Entered: 10/19/2011) 10/20/2011 67 MINUTES (IN CHAMBERS): ORDER by Judge Josephine Staton Tucker: TAKING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (DOC. 58) UNDER SUBMISSION. Accordingly, the hearing set for October 24, 2011, at 10:00 a.m. is VACATED. (rla) (Entered: 10/20/2011) 10/20/2011 68 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 66. The following error(s) was found: Incorrect event selected. The correct event is: Notices/Appearance of Counsel. Note: Wrong event does not provide relief or changes sought. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the
court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 10/20/2011) 11/01/2011 69 ORDER by Judge Josephine Staton Tucker: granting 65 Application to Appear Pro Hac Vice by Attorney Phyllis M. Parker on behalf of plaintiff Steelworkers Pension Trust, designating Mark I. Labaton as local counsel. (twdb) (Entered: 11/02/2011) 11/08/2011 70 ORDER by Judge Josephine Staton Tucker: granting 58 Motion for Preliminary Settlement Approval and Setting a Fairness Hearing for February 27, 2012 at 10:00 AM. (twdb) (Entered: 11/09/2011) 11/10/2011 71 NOTICE OF FILING UNOPPOSED JOINT REQUEST FOR SUPPLEMENTAL PRELIMINARY APPROVAL ORDER filed by Plaintiffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. (Attachments: # 1 Exhibit Exhibit A)(Labaton, Mark) (Entered: 11/10/2011) 11/10/2011 72 PROOF OF SERVICE filed by Plaintifffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund, re Notice (Other), Notice (Other) 71 Notice of Filing Unopposed Joint Request for Supplemental Preliminary Approval Order served on November 10, 2011. (Labaton, Mark) (Entered: 11/10/2011) 11/30/2011 73 SUPPLEMENTAL PRELIMINARY APPROVAL ORDER by Judge Josephine Staton Tucker, PROVIDING FOR NOTICE AND HEARING IN CONNECTION WITH PROPOSED CLASS ACTION SETTLEMENT: Specifically, the Parties requested certain mechanical rulings necessary for the effectuation of the notice program and Settlement. Accordingly, the Court further orders as follows: 1. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for the purposes of the Settlement only, Lead Plaintiff is certified as Class Representative for the Class. The law firms of Labaton Sucharow LLP and Berger & Montague, P.C. are appointed Class Counsel for the Class. 2. As previously ordered, a hearing (the "Settlement Hearing") pursuant to Rule 23(e) of the Federal Rules of Civil Procedure is hereby scheduled to be held before the Court on February 27, 2012, at 10:00 a.m. for the following purposes: (See document for further details.) (rla) (Entered: 11/30/2011) 01/13/2012 74 NOTICE OF MOTION AND MOTION for Settlement Approval of Proposed Class Action Settlement filed by Plaintiff Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. Motion set for hearing on 2/27/2012 at 10:00 AM before Judge Josephine Staton Tucker. (Labaton, Mark) (Entered: 01/13/2012) 01/13/2012 75 MEMORANDUM in Support of MOTION for Settlement Approval of Proposed Class Action Settlement 74 filed by Plaintiffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. (Labaton, Mark) (Entered: 01/13/2012) 01/13/2012 76 NOTICE OF MOTION AND MOTION for Attorney Fees and Reimbusement of Litigation Expenses filed by Plaintiff Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. Motion set for hearing on 2/27/2012 at 10:00 AM before Judge Josephine Staton Tucker. (Labaton, Mark) (Entered: 01/13/2012) 01/13/2012 77 DECLARATION of Christopher J. McDonald and Sherrie R. Savett in Support of MOTION for Settlement Approval of Proposed Class Action Settlement 74, MOTION
for Attorney Fees and Reimbusement of Litigation Expenses 76 filed by Plaintiffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Labaton, Mark) (Entered: 01/13/2012) 01/13/2012 78 NOTICE OF MOTION AND MOTION for Attorney Fees and Reimbursement of Expenses and Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. Motion set for hearing on 2/27/2012 at 10:00 AM before Judge Josephine Staton Tucker. (Labaton, Mark) (Entered: 01/13/2012) 01/13/2012 79 CERTIFICATE OF SERVICE filed by Plaintiff Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund, served on January 13, 2012. (Labaton, Mark) (Entered: 01/13/2012) 02/10/2012 80 APPLICATION for attorney JACOB M. POLAKOFF to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by PLAINTIFF Steelworkers Pension Trust. (Attachments: # 1 Certificate of Good Standing)(Labaton, Mark) (Entered: 02/10/2012) 02/10/2012 81 APPLICATION for Order for APPLICATION OF NON RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE filed by PLAINTIFF Steelworkers Pension Trust. (Labaton, Mark) (Entered: 02/10/2012) 02/13/2012 82 REPLY in Further Support of Lead Plaintiff's Unopposed Motion for Final Approval of Proposed Class Action Settlement and Lead Counsel's Unopposed Motion for An Award of Attorneys Fees and Reimbursement of Expenses filed by Plaintiffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. (Labaton, Mark) (Entered: 02/13/2012) 02/13/2012 83 DECLARATION of Christopher J. McDonald in further support MOTION for Settlement Approval of Proposed Class Action Settlement 74 filed by Plaintiffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. (Labaton, Mark) (Entered: 02/13/2012) 02/13/2012 84 NOTICE OF LODGING filed re Reply (Motion related), Reply (Motion related) 82, Declaration (Motion related), Declaration (Motion related) 83 (Attachments: # 1 Proposed Order [Proposed] Order Approving Plan of Allocation, # 2 Proposed Order [Proposed] Order Awarding Attorneys' Fees and Reimbursement of Expenses, # 3 Proposed Order [Proposed] Final Order and Judgment)(Labaton, Mark) (Entered: 02/13/2012) 02/13/2012 85 CERTIFICATE OF SERVICE filed by Plaintiff Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund, re Notice of Lodging, 84, Reply (Motion related), Reply (Motion related) 82, Declaration (Motion related), Declaration (Motion related) 83 served on February 13, 2012. (Labaton, Mark) (Entered: 02/13/2012) 02/13/2012 Notice of Electronic Filing re Notice of Lodging, 84, Reply (Motion related), Reply (Motion related) 82, Declaration (Motion related), Declaration (Motion related) 83, Proof of Service (subsequent documents), Proof of Service (subsequent documents) 85 e-mailed to jpolakoff@bm.com bounced due to no such user. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to jpolakoff@bm.net. Pursuant
to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY (Entered: 02/14/2012) 02/22/2012 86 CORRECTION TO SUPPLEMENTAL DECLARATION OF MICHELLE M. LA COUNT, ESQ. filed by Plaintiffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund re: Memorandum in Support of Motion 75, Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 77, MOTION for Attorney Fees and Reimbursement of Expenses and Memorandum of Points and Authorities in Support Thereof 78, MOTION for Settlement Approval of Proposed Class Action Settlement 74, MOTION for Attorney Fees and Reimbusement of Litigation Expenses 76 (Labaton, Mark) (Entered: 02/22/2012) 02/22/2012 89 ORDER by Judge Josephine Staton Tucker: granting 80 Application to Appear Pro Hac Vice by Attorney Jacob M. Polakoff on behalf of Plaintiff Steelworkers Pension Trust, designating Mark I. Labaton as local counsel. (lt) (Entered: 02/23/2012) 02/23/2012 87 NOTICE OF ERRATA filed by Plaintiffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund. correcting Miscellaneous Document,, 86 Correction to Supplemental Declaration of Michelle M. La Count, Esq. (Labaton, Mark) (Entered: 02/23/2012) 02/23/2012 88 CORRECTION TO SUPPLEMENTAL DECLARATION OF MICHELLE M. LA COUNT, ESQ. filed by Plaintiffs Arkansas Teacher Retirement System, Iron Workers District Counsel of New England Pension Fund re: Memorandum in Support of Motion 75, Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 77, Miscellaneous Document,, 86, Errata, 87, MOTION for Attorney Fees and Reimbursement of Expenses and Memorandum of Points and Authorities in Support Thereof 78, MOTION for Settlement Approval of Proposed Class Action Settlement 74, MOTION for Attorney Fees and Reimbusement of Litigation Expenses 76 (Labaton, Mark) (Entered: 02/23/2012) 02/27/2012 90 MINUTES OF Motion Hearing held before Judge Josephine Staton Tucker: Cause called. Hearing held. Counsel address the Court. Orders re final approval and fee award to be issued.court Reporter: Deborah Parker. (twdb) (Entered: 02/28/2012) 03/01/2012 91 ORDER Approving Plan of Allocation by Judge Josephine Staton Tucker: granting 74 Motion for Settlement. (twdb) (Entered: 03/02/2012) 03/01/2012 92 ORDER Awarding Attorneys' fees and reimbursement of expenses by Judge Josephine Staton Tucker: granting 78 Motion for Attorney Fees. See order for amount awarded. (twdb) (Entered: 03/02/2012) 03/02/2012 93 FINAL ORDER AND JUDGMENT by Judge Josephine Staton Tucker. The Parties are hereby directed to consummate the Stipulation and to perform its terms. (MD JS-6, Case Terminated). (twdb) (Entered: 03/05/2012) 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
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