US District Court Civil Docket as of 11/12/2002 Retrieved from the court on Tuesday, June 06, 2006 U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 00-CV-1725 Gevisser, et al v. Peerless Sys Corp, et al Filed: 08/28/00 Assigned to: Judge M. James Lorenz Jury demand: Plaintiff Referred to: Magistrate Judge Ruben B Brooks Demand: $0,000 Nature of Suit: 850 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:78m(a) Securities Exchange Act GARY S GEVISSER, individually Jeffrey R Krinsk and on behalf of himself and [term 07/16/02] all others similarly situated (619)238-5425 plaintiff [term 07/16/02] Finkelstein and Krinsk 501 West Broadway Suite 1250 San Diego, CA 92101-3593 (619)238-1333 BRAD BLUMENTHAL plaintiff BUGAJSKI GROUP plaintiff Jeffrey R Krinsk Jeffrey R Krinsk v. PEERLESS SYSTEMS CORP. Ellen Hedy Solomon defendant (650)656-5100 Wilson Sonsini Goodrich and Rosati A Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 (650)493-3900
EDWARD A GAVALDON defendant Ellen Hedy Solomon THOMAS B RUFFOLO defendant Ellen Hedy Solomon ======================== ROBERT JOHNSON Francis Michael Gregorek plaintiff [term 07/16/02] [term 07/16/02] (619)234-4599 Wolf Haldenstein Adler Freeman and Herz 750 B Street Symphony Towers Suite 2770 San Diego, CA 92101-5050 (619)239-4599 DOCKET PROCEEDINGS DATE # DOCKET ENTRY 8/28/00 1 Complaint Filed; (referred to Magistrate Judge Ruben B. Brooks) Receipt No/Amt of Fee: #63475/$150; Jury demand (bjr) [Entry date 08/29/00] 8/28/00 2 Summons issued (bjr) [Entry date 08/29/00] 10/27/00 3 Notice by plaintiff Gary S Gevisser of related case(s) 00cv1875 JM(CGA) (low number order prepared) (meg) [Entry date 10/30/00] 10/27/00 4 Notice of Motion and Motion by plaintiff Gary S Gevisser to consolidate cases [ motion(s) referred to Judge M. J. Lorenz ] motion hrg set for 01/29/01 at 10:30 (vls) [Entry date 10/30/00] 10/27/00 5 Memorandum of points and authorities by plaintiff Gary S Gevisser in support of motion to consolidate cases [4-1] (vls) [Entry date 10/30/00]
10/27/00 6 Notice of Motions and Motions by Brad Blumenthal, The Bugajski Group and The Peerless Group to appoint lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and for approval of lead plaintiffs' choice of counsel, [motion(s) referred to Judge M. J. Lorenz]; Motion hrg set for 1/29/01 at 10:30am (jah) [Entry date 10/30/00] 10/27/00 7 Memorandum of points and authorities in support of motion to appoint lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934 [6-1], in support of motion for approval of lead plaintiffs' choice of counsel [6-2] (jah) [Entry date 10/30/00] 10/27/00 8 Declaration of Jeffrey R. Krinsk by Brad Blumenthal, The Bugajski Group and The Peerlees Group re motion to appoint lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934 [6-1], and motion for approval of lead plaintiffs' choice of counsel [6-2] (jah) [Entry date 10/30/00] 11/15/00 9 Stipulation and Order by Judge M. J. Lorenz: after entry of order consolidating w/ case 00cv1875 but no later than 45 days after entry of such order lead pla shall file an amended and conlsolidated cmp; dfts shall answer no later than 45 days after service; lead pla shall serve an opposition to motion to dism no later than 30 days after service of motion; dfts shall reply no later than 30 days after service of opposition (jrl) [Entry date 11/16/00] 1/11/01 10 Notice by plaintiff Gary S Gevisser of filing of atty appearance of Evan Smith of Brodsky and Smith. (meg) [Entry date 01/12/01] 1/17/01 11 Order re: Oral Argument by Judge M. J. Lorenz; Plaintiffs' motion to appoint lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934 [6-1], motion for approval of lead plaintiffs' choice of counsel [6-2] and motion to consolidate cases [4-1] will be decided on the papers submitted and w/o oral argument; No appearances required on 1/29/01; Label prepared (jah) [Entry date 01/17/01] 1/18/01 12 Statement of clarification by defendant Peerless Sys Corp, defendant Edward Gavaldon concerning motion to appoint lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934 [6-1], motion for approval
of lead plaintiffs' choice of counsel [6-2] (meg) [Entry date 01/22/01] 3/2/01 13 Order by Judge M. J. Lorenz granting motion to appoint lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934 [6-1], granting motion for approval of lead plaintiffs' choice of counsel [6-2]. Brad Blumenthal and Bugajski Group are appointed to serve as lead plas in this action. The law firm of Finkelstein and Krinsk shall serve as lead cnsl for the plaintiffs in this action. Granting motion to consolidate cases [4-1], Case consolidated 3:00-cv-1725 with member cases 3:00-cv-1875, New Parties plaintiff Robert Johnson; All further docketing will be done in the lead case 00cv1725 L(RBB). Plas shall file an amd and consolidated cmp w/in 45 days of entry of this order and dfts shall answer or otherwise respond to the amd and consolidated cmp w/in 45 days after service of the cmp. (letter prepared) (label) (meg) [Entry date 03/05/01] [Edit date 03/05/01] 4/16/01 14 First Amended consolidated complaint [1-1] (bar) [Entry date 04/18/01] [Edit date 04/18/01] 5/31/01 15 Notice of Motion and Motion by defendant Peerless Sys Corp, Edward A Gavaldon, Thomas B Ruffolo to dismiss amended and consolidated cmp [ motion(s) referred to Judge M. J. Lorenz ]; motion hrg set for 9/17/01 at 10:30 am (meg) [Entry date 05/31/01] 5/31/01 16 Memorandum of points and authorities by defendant Peerless Sys Corp in 3:00-cv-01725, defendant Edward A Gavaldon in in support of motion to dismiss amended and consolidated cmp [15-1] (meg) [Entry date 05/31/01] 5/31/01 17 Declaration of Melissa M. Maccarone by defendant Peerless Sys Corp in 3:00-cv-01725, defendant Edward A Gavaldon in re motion to dismiss amended and consolidated cmp [15-1] (meg) [Entry date 05/31/01] 5/31/01 18 Request for Judicial Notice by defendant Peerless Sys Corp in 3:00-cv-01725, defendant Edward A Gavaldon in motion to dismiss amended and consolidated cmp [15-1] (meg) [Entry date 05/31/01] 7/2/01 19 Opposition by plaintiff Gary S Gevisser in 3:00-cv-01725, plaintiff Robert Johnson in 3:00-cv-01725, plaintiff Brad
Blumenthal in 3:00-cv-01725, plaintiff Bugajski Group in 3:00-cv-01725 to motion to dismiss amended and consolidated cmp [15-1] (meg) [Entry date 07/03/01] 7/2/01 20 Declaration of Gregory A. Hartlett by plaintiff in 3:00-cv-01725 in suppt of motion response to mot to dismiss [19-1] (meg) [Entry date 07/03/01] 7/10/01 21 DISCREPANCY ORDER by Judge M. J. Lorenz accepting document: notice of errata from plaintiff Gary S Gevisser in 3:00-cv-01725, plaintiff Robert Johnson in 3:00-cv-01725, plaintiff Brad Blumenthal in 3:00-cv-01725, plaintiff Bugajski Group in 3:00-cv-01725, non-compliance with, erratas not accepted, document is to be filed nunc pro tunc to the date received (meg) [Entry date 07/11/01] 7/10/01 22 NUNC PRO TUNC 7/5/01 Notice by plaintiff in 3:00-cv-01725 of filing notice of errata (meg) [Entry date 07/11/01] 8/1/01 23 Reply by defendant Peerless Sys Corp in 3:00-cv-01725, defendant Edward A Gavaldon in 3:00-cv-01725, defendant Thomas B Ruffolo in 3:00-cv-01725 to opposition to motion to dismiss amended and consolidated cmp [15-1] (meg) [Entry date 08/02/01] 8/3/01 24 DISCREPANCY ORDER by Judge M. J. Lorenz accepting document: supplemental from defendant Peerless Sys Corp in 3:00-cv-01725, defendant Edward A Gavaldon in, non-compliance with local rule 15.1, document is to be filed nunc pro tunc to the date received (meg) [Entry date 08/03/01] 8/3/01 25 NUNC PRO TUNC 8/1/01 Supplemental Declaration of Melissa M. Maccarone by defendant Peerless Sys Corp, Edward A Gavaldon, Thomas B Ruffolo in support of dfts reply in support of mot to dismiss amd and consolidated cmp [23-1] (meg) [Entry date 08/03/01] 9/17/01 26 Order by Judge M. J. Lorenz re motion to dismiss amended and consolidated cmp [15-1] motion hearing cont to 10:30 10/9/01 (meg) [Entry date 09/18/01] 10/9/01 27 Minutes: Enter Order by Judge M. J. Lorenz that the motion to dismiss amended and consolidated cmp [15-1] is under submission. Court Reporter: J. Hill (meg)
[Entry date 10/11/01] 1/14/02 28 Order by Judge M. J. Lorenz granting motion to dismiss amended and consolidated cmp [15-1] without prejudice with leave to amend. Plas shall file and serve an amd cmp w/in 60 days of the date this order is stamped filed. Dfts' req for judicial notice is granted. (meg) [Entry date 01/14/02] 3/15/02 29 Second Amended complaint [14-1] and consolidated complaint (andy) [Entry date 03/19/02] 4/29/02 30 Notice of Motion and Motion by plaintiffs for leave to file third amd and consolidated cmp [ motion(s) referred to Judge M. J. Lorenz ]; motion hrg set for 6/10/02 at 10:30 am (meg) [Entry date 04/30/02] 4/29/02 31 Memorandum of points and authorities by plaintiffs in 3:00-cv-01725 in support of motion for leave to file third amd and consolidated cmp [30-1] (meg) [Entry date 04/30/02] 4/29/02 32 Declaration of Walter F. Spath III by plaintiff in 3:00-cv-01725 re motion for leave to file third amd and consolidated cmp [30-1] (meg) [Entry date 04/30/02] 5/24/02 33 Opposition by defendant Peerless Sys Corp in 3:00-cv-01725, defendant Edward A Gavaldon in 3:00-cv-01725, defendant Thomas B Ruffolo in 3:00-cv-01725 to motion for leave to file third amd and consolidated cmp [30-1] (meg) [Entry date 05/28/02] 5/24/02 34 Declaration of Ellen H. Solomon by defendant Peerless Sys Corp in 3:00-cv-01725, defendant Edward A Gavaldon in re motion response [33-1] (meg) [Entry date 05/28/02] 7/16/02 35 Order by Judge M. J. Lorenz granting motion for leave to file third amd and consolidated cmp [30-1]; The Clerk of Court is directed to file pla's exhibit "A" entitled"third Amended and Consolidated Complaint, as of the date of this order. (joeh) [Entry date 07/16/02] 7/16/02 36 Third amended complaint [29-1] terminating party Robert Johnson in 3:00-cv-01725, party Gary S Gevisser in
3:00-cv-01725 (joeh) [Entry date 07/16/02] 7/19/02 37 Notice by lead plaintiffs in 3:00-cv-01725 of order granting plaintiffs' motion for leave to file 3rd amd cmp (ryc) [Entry date 07/22/02] 9/27/02 38 DISCREPANCY ORDER by Judge M. J. Lorenz accepting document: ntc of motion from defendant Peerless Sys Corp in 3:00-cv-01725, defendant Edward A Gavaldon in, non-compliance with local rule 7.1.f or 47.1.b.3, the document is to be filed nunc pro tunc to the date received (ryc) [Entry date 09/30/02] 9/27/02 39 Notice of Motion and Motion by defendant Peerless Sys Corp in 3:00-cv-01725, defendant Edward A Gavaldon in to dismiss plaintiffs' 3rd amd and consolidated cmp motion referred to Judge M. J. Lorenz] motion hrg for 11/4/02 at 10:30 a.m. (nunc pro tunc to 9/26/02) (ryc) [Entry date 09/30/02] 9/27/02 40 Declaration of Stephen W. Bucher by defendant Peerless Sys Corp in 3:00-cv-01725, defendant Edward A Gavaldon in in support of motion to dismiss plaintiffs' 3rd amd and consolidated cmp [39-1] (nunc pro tunc to 9/26/02) (ryc) [Entry date 09/30/02] 10/23/02 41 Stipulation and Order by Judge M. J. Lorenz: Dft's motion to dismiss plaintiffs' 3rd amd and consolidated cmp [39-1] continued to 10:30 11/25/02 before Judge M. James Lorenz (ryc) [Entry date 10/24/02] 11/12/02 42 Stipulation and Order of Voluntary Dismissal by Judge M. J. Lorenz: The lead plaintiffs and their cnsl have stipulated to voluntarily dismiss this action w/out prej. Each pty will bear his/her or its own costs. terminating case (copy filed in member case 00cv1875-L(RBB) (ryc) [Entry date 11/12/02] 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