US District Court Civil Docket as of 04/11/2003 Retrieved from the court on Thursday, October 05, 2006 U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:02-cv-01937-AMD Ray v. USinternetworkings, et al Assigned to: Judge Andre M Davis Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Rocky Ray on Behalf of Himself and All Other Similarly Situated Date Filed: 06/07/2002 Date Terminated: 04/11/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Donald J Enright Finkelstein Thompson and Loughran Duvall Foundry 1050 30th St NW Washington, DC 20007 12023378000 Fax: 12023378090 Andrew J Morganti Miller Faucher and Cafferty LLP 101 N Main St Ste 885 Ann Arbor, MI 48104 17347692144 Patrick Slyne Stull Stull and Brody Six E 45th St Ste 500 New York, NY 10017 2126877230 Fax: 12124902022 Burton Finkelstein Finkelstein Thompson and Loughran Duvall Foundry 1050 30th St NW Washington, DC 20007 12023378000 Fax: 12023378090
Plaintiff Robert J. Perkowski represented by Andrew J Morganti Burton Finkelstein Donald J Enright Plaintiff Judith Nepveu represented by Andrew J Morganti Burton Finkelstein Donald J Enright Plaintiff Norman Nepveu represented by Andrew J Morganti Burton Finkelstein Donald J Enright Consol Plaintiff Marek Bartula represented by Donald J Enright Andrew J Morganti
Patrick Slyne V. USinternetworkings, Inc. TERMINATED: 08/22/2002 Latham and Watkins Two Freedom Sq Ste 500 11955 Freedom Dr Reston, VA 20901 17034561000 Fax: 17034561001 TERMINATED: 08/22/2002 DLA Piper US LLP 1200 19th St NW Washington, DC 20036 12028613900 Fax: 12022232085 Email: david.clarke@dlapiper.com TERMINATED: 08/22/2002 Latham and Watkins LLP Two Freedom Sq Ste 500 11955 Freedom Dr Reston, VA 20901 17034561000 Fax: 17034561001 Email: michele.rose@lw.com TERMINATED: 08/22/2002 Andrew A. Stern
Latham and Watkins 555 11th St NW Washington, DC 20004 12026372200 Fax: 12026372201 Latham and Watkins LLP 555 11th St NW Ste 1000 Washington, DC 20004 12026372200 Fax: 12026372201 William H. Washecka Michael Harper
Christopher McCleary Mark McEneaney
Stephen McManus Mary Weaver
Cathy Brienza Micael Brooks
William Price Frank A. Adams
Grotech Capital Group Movant Afkhami Group represented by Donald J Enright Movant Nepveu Group represented by Burton Finkelstein Andrew J Morganti Patrick Slyne Tracy Diana Rezvani Finkelstein Thompson and Loughran Duvall Foundry 1050 30th St NW Washington, DC 20007 12023378000 Fax: 12023378090 Email: tdr@ftllaw.com Date Filed # Docket Text 06/07/2002 1 COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 2287515 (elt, Deputy Clerk) (Entered: 06/07/2002) 06/07/2002 1 DEMAND for jury trial by Rocky Ray (elt, Deputy Clerk) (Entered: 06/07/2002) 06/07/2002 2 SUMMONS(ES) (20 days) issued for USinternetworkings, Andrew A. Stern, William H. Washecka, Michael Harper, Christopher McCleary, Mark McEneaney, Stephen McManus, Mary Weaver, Cathy Brienza, Micael Brooks, William Price,
Frank A. Adams (elt, Deputy Clerk) (Entered: 06/07/2002) 06/27/2002 3 RETURN OF SERVICE executed as to William Price, VP-General Counsel for USinternetworkings 6/18/02 Answer due on 7/8/02 for USinternetworkings (mms, Deputy Clerk) (Entered: 06/27/2002) 06/27/2002 4 RETURN OF SERVICE executed as to William Price 6/18/02 Answer due on 7/8/02 for William Price (mms, Deputy Clerk) (Entered: 06/27/2002) 07/17/2002 5 JOINT STIPULATION MOTION by Rocky Ray, USinternetworkings to Consolidate Cases AMD 02-1937 and AMD 02-2077 and Proposed Pretrial Order #1 (c/s) (mms, Deputy Clerk) (Entered: 07/17/2002) 07/17/2002 6 ORDER granting [5-1] Joint Motion to Consolidate Cases for ALL PURPOSES; ALL PLEADINGS SHALL BE IDENTIFIED WITH CASE NO. AMD 02-1937 and AMD 02-2077 ( signed by Judge Andre M. Davis 7/17/02) (c/i 7/17/02 ms) (mms, Deputy Clerk) (Entered: 07/17/2002) 07/17/2002 Consolidated Lead Case (mms, Deputy Clerk) (Entered: 07/17/2002) 08/13/2002 7 MOTION by Afkhami Group for Consolidation, for Approval as Lead Plaintiff and Approval of Selection of Lead Counsel with Declaration of Donald J. Enright in Support, Introduction and Exhibits A - F (c/s) (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/2002 8 RETURN OF SERVICE executed as to Micael Brooks 7/29/02 Answer due on 8/19/02 for Micael Brooks (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/2002 9 RETURN OF SERVICE executed as to Mark McEneaney 7/29/02 Answer due on 8/19/02 for Mark McEneaney (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/2002 10 RETURN OF SERVICE executed as to Christopher McCleary 7/29/02 Answer due on 8/19/02 for Christopher McCleary (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/2002 11 RETURN OF SERVICE executed as to Michael Harper 7/29/02 Answer due on 8/19/02 for Michael Harper (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/2002 12 RETURN OF SERVICE executed as to Stephen McManus 7/29/02 Answer due on 8/19/02 for Stephen McManus (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/2002 13 RETURN OF SERVICE executed as to Mary Weaver 7/29/02 Answer due on 8/19/02 for Mary Weaver (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/2002 14 RETURN OF SERVICE executed as to Andrew A. Stern 7/29/02 Answer due on 8/19/02 for Andrew A. Stern (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/2002 15 RETURN OF SERVICE executed as to William H. Washecka 7/29/02 Answer due on 8/19/02 for William H. Washecka (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/2002 16 RETURN OF SERVICE executed as to Frank A. Adams 7/29/02 Answer due on 8/19/02 for Frank A. Adams (mms, Deputy Clerk) (Entered: 08/14/2002) 08/14/2002 17 RETURN OF SERVICE executed as to Cathy Brienza 7/29/02 Answer due on 8/19/02 for Cathy Brienza (mms, Deputy Clerk) (Entered: 08/14/2002) 08/21/2002 18 MOTION with memorandum in support by Nepveu Group for Appointment as
Lead Plaintiff, and Approval of Selection of Lead Counsel with Declaration of Tracy D. Rezvani and Exhibits A - F (c/s) (mms, Deputy Clerk) (Entered: 08/21/2002) 08/22/2002 19 NOTICE of withdrawal by Afkhami Group (jnl, Deputy Clerk) (Entered: 08/22/2002) 08/22/2002 19 ORDER APPROVING notice of withdrawal ( signed by Judge Andre M. Davis 8/22/02) (c/i 8/22/02) (jnl, Deputy Clerk) (Entered: 08/22/2002) 08/22/2002 20 STIPULATION of dismissal without prejudice as to USInternetworkings, Inc and APPROVAL (signed by Judge Andre M. Davis 8/22/02) (c/i 8/22/02) (MICROFILMED 8/22/02) (jnl, Deputy Clerk) (Entered: 08/22/2002) 09/04/2002 21 MEMORANDUM by Andrew A. Stern, William H. Washecka et al in opposition to [18-1] motion for Appointment as Lead Plaintiff and [18-2] motion Approval of Selection of Lead Counsel by Nepveu Group (c/s) (jnl, Deputy Clerk) (Entered: 09/04/2002) 09/16/2002 22 CORRESPONDENCE by Rocky Ray RE: Errata to correct certain errors in plaintiff's certification form and trading history and Attachment A (c/s) (jnl, Deputy Clerk) (Entered: 09/17/2002) 09/20/2002 23 BRIEF/MEMORANDUM by Nepveu Group in support of its [18-1] Motion for Appointment as Lead Plaintiff by Nepveu Group, and its [18-2] Motion for Approval of Selection of Lead Counsel with Exhibits A - D (c/s) (mms, Deputy Clerk) (Entered: 09/20/2002) 09/26/2002 24 LETTER/MOTION by USinternetworkings, et al. Requesting Court to Allow s an Opportunity to Respond to Suggestion Advanced by Plaintiffs for the Court to Appoint Rocky Ray or Marek Bartula as the Lead Plaintiff (c/s) (mms, Deputy Clerk) (Entered: 09/26/2002) 09/26/2002 24 ORDER granting [24-1] Motion of s Requesting Court to Allow s an Opportunity to Respond to Suggestion Advanced by Plaintiffs for the Court to Appoint Rocky Ray or Marek Bartula as the Lead Plaintiff ( signed by Judge Andre M. Davis 9/26/02) (c/i 9/27/02 ms) (mms, Deputy Clerk) (Entered: 09/27/2002) 10/04/2002 25 SURREPLY BRIEF by Andrew A. Stern, et al. in Opposition to [18-1] Motion of Plaintiffs for Appointment as Lead Plaintiff by Nepveu Group, Rocky Ray, or Marek Bartula and [18-2] Motion of Plaintiffs for Approval of Selection of Lead Counsel with Exhibits A - O (c/s) (mms, Deputy Clerk) (Entered: 10/07/2002) 12/16/2002 26 ORDER SCHEDULING date for Hearing. (signed by Judge Andre M. Davis 12/16/02) (c/i 12/17/02 ms) (mms, Deputy Clerk) (Entered: 12/17/2002) 12/19/2002 27 SUPPLEMENTAL Authority by Nepveu Group in [23-1] support of its Motion for Appointment as Lead Plaintiffs with Attachment (c/s) (mms, Deputy Clerk) (Entered: 12/20/2002) 01/16/2003 Motion hearing held before (Davis, J) - ARGUED - Oral opinion rendered by the Court (Court to issue order) (Court Reporter: S. Cook) (bma, Deputy Clerk) (Entered: 01/16/2003)
01/16/2003 28 ORDER Granting [18-1] Motion of Nepveu Group for Appointment as Lead Plaintiff, granting [18-2] Motion of Nepveu Group for Approval of Selection of Lead Counsel and FINDING that Normand and Judith Nepveu (The Nepveu Group) are the most adequate Plaintiffs to represent the proposed Class and that they satisfy the requirements of the Private Securities Litigation Reform Act of 1995 and APPROVING the selection of the Nepveu Group of co-lead and liaison counsel for Plaintiffs and the Class is hereby APPROVED. The law firms of Finkelstein, Thompson & Loughran and Stull, Stull and Brody are appointed colead counsel. ( signed by Judge Andre M. Davis 1/16/03) (c/i 1/16/03 ms) (mms, Deputy Clerk) Modified on 01/16/2003 (Entered: 01/16/2003) 01/17/2003 29 MOTION by Rocky Ray, Marek Bartula, Nepveu Group for Patrick Slyne to Appear Pro Hac Vice (c/s) (mms, Deputy Clerk) (Entered: 01/17/2003) 01/17/2003 29 ORDER granting [29-1] Motion of Plaintiffs Ray, Bartula and Nepveu Group for Patrick Slyne to Appear Pro Hac Vice. Fee paid. (Signed: Clerk, USDC) (c/i 1/17/03 ms) (mms, Deputy Clerk) (Entered: 01/17/2003) 01/17/2003 30 MOTION by Rocky Ray, Marek Bartula, Nepveu Group for Andrew J Morganti to Appear Pro Hac Vice (c/s) (mms, Deputy Clerk) (Entered: 01/17/2003) 01/17/2003 30 ORDER granting [30-1] Motion of Plaintiffs Roy, Bartula and Nepveu Group for Andrew J Morganti to Appear Pro Hac Vice Fee paid. (Signed: Clerk, USDC, 1/17/03) (c/i 1/17/03 ms) (mms, Deputy Clerk) (Entered: 01/17/2003) 01/29/2003 31 MOTION of Director s for Laurie B. Smilan to Appear Pro Hac Vice (mms, Deputy Clerk) (Entered: 01/29/2003) 01/29/2003 31 ORDER granting [31-1] motion for Laurie B. Smilan to Appear Pro Hac Vice (Signed: Clerk, USDC 1/29/03) (c/i 1/29/03 ms ) (mms, Deputy Clerk) (Entered: 01/29/2003) 02/24/2003 32 STIPULATION AND PROPOSED SCHEDULING ORDER and "APPROVAL." ( signed by Judge Andre M. Davis 2/24/03) (c/i 2/24/03 ms) (mms, Deputy Clerk) (Entered: 02/24/2003) 03/07/2003 33 STIPULATION and Proposed Scheduling Order by Andrew A. Stern. (Clarke, David) (Entered: 03/07/2003) 03/07/2003 34 ORDER "APPROVING" 33 Stipulation and Proposed Order filed by the parties.(davis, Andre) (Entered: 03/07/2003) 03/10/2003 35 MOTION to Appear Pro Hac Vice by Joel B. Ard for Frank A. Adams, Cathy Brienza, Micael Brooks, Michael Harper, Christopher McCleary, Mark McEneaney, Stephen McManus, William Price, Andrew A. Stern, William H. Washecka, Mary Weaver. Fee paid. (mms, Deputy Clerk) (Entered: 03/10/2003) 03/10/2003 36 ORDER granting [35] Motion by Joel B. Ard for Director s to Appear Pro Hac Vice (Signed Clerk, USDC, 3/7/03) (c/m 3/10/03 ms) (mms, Deputy Clerk) Modified on 3/10/2003 (mms, Deputy Clerk). (For Pleading #36 SEE Pleading #35) (Entered: 03/10/2003) 03/10/2003 37 MOTION by Matthew R. Lewis to Appear Pro Hac Vice by Frank A. Adams, Cathy Brienza, Micael Brooks, Michael Harper, Christopher McCleary, Mark
McEneaney, Stephen McManus, William Price, Andrew A. Stern, William H. Washecka, Mary Weaver. Fee paid. (mms, Deputy Clerk) (Entered: 03/10/2003) 03/10/2003 38 ORDER granting [37] Motion of Matthew R. Lewis to Appear Pro Hac Vice for Director s (Signed by Clerk, USDC on 3/7/03)(c/m 3/10/03 mms) (mms, Deputy Clerk) Modified on 3/10/2003 (mms, Deputy Clerk). (For Pleading #38, SEE Pleading #37) (Entered: 03/10/2003) 03/17/2003 39 AMENDED COMPLAINT against Grotech Capital Group, Frank A. Adams, Cathy Brienza, Micael Brooks, Michael Harper, Christopher McCleary, Mark McEneaney, Stephen McManus, William Price, Andrew A. Stern, William H. Washecka, Mary Weaver, filed by Robert J. Perkowski, Judith Nepveu, Norman Nepveu, Rocky Ray iand all others similarly situated with Exhibits A - D (c/s)(mms, Deputy Clerk) (Entered: 03/17/2003) 03/17/2003 40 Summons Issued (20 days) as to Grotech Capital Group. (mms, Deputy Clerk) (Entered: 03/17/2003) 04/10/2003 41 NOTICE of Voluntary Dismissal by Nepveu Group (Rezvani, Tracy) (Entered: 04/10/2003) 04/11/2003 42 ORDER APPROVING Plaintiffs' Notice of Voluntary Dismissal of this Case. Signed by Judge Andre M Davis on 4/10/03. (c/scanned/mailed/microfilmed 4/11/03 ms)(mms, Deputy Clerk) (Entered: 04/11/2003) 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