US District Court Civil Docket as of March 21, 2013 Retrieved from the court on March 27, 2013 U.S. District Court Western District of Louisiana (Lafayette) CIVIL DOCKET FOR CASE #: 6:12-cv-01609-JTT-CMH City of Omaha Police and Fire Retirement System v. LHC Group, Inc. et al Assigned to: Judge James T Trimble, Jr Referred to: Magistrate Judge C Michael Hill Cause: 15:78m(a) Securities Exchange Act Plaintiff City of Omaha Police & Fire Retirement System Date Filed: 06/13/2012 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Anne L Box Scott & Scott 707 Broadway St Ste 1000 San Diego, CA 92101 619-798-5317 Fax: 619-233-0508 Email: abox@scott-scott.com LEAD ATTORNEY Andrew A Lemmon Lemmon Law Firm P O Box 904 Hahnville, LA 70057-2104 985-783-6789 Fax: 985-783-1333 Email: court@lemmonlawfirm.com Deborah Clark-Weintraub Scott & Scott (NY) 405 Lexington Ave 40th Fl New York, NY 10174 646-571-0608 Fax: 212-223-6334 Email: dweintraub@scott-scott.com Donald A Broggi Scott & Scott (NY) 405 Lexington Ave 40th Fl
New York, NY 10174 646-571-0608 Fax: 212-223-6334 Email: dbroggi@scott-scott.com Irma L Netting Lemmon Law Firm P O Box 904 Hahnville, LA 70057 985-783-6789 Fax: 985-783-1333 Email: irma@lemmonlawfirm.com Joseph P Guglielmo Scott & Scott (NY) 405 Lexington Ave 40th Fl New York, NY 10174 212-223-6444 Fax: 212-223-6334 Email: jguglielmo@scott-scott.com V. Defendant L H C Group Inc represented by Carmen M Rodriguez Jones Walker et al (LAF) P O Drawer 3408 Lafayette, LA 70502-3408 337-262-9000 Fax: 337-262-9001 Email: carmenrodriguez@joneswalker.com Elizabeth Gingold Greenman Alston & Bird (GA) 1201 W Peachtree St Atlanta, GA 30309-3424 404-881-7132 Fax: 404-881-7777 Email: elizabeth.greenman@alston.com Gary J Russo
Jones Walker et al (LAF) P O Drawer 3408 Lafayette, LA 70502-3408 337-262-9000 Fax: 337-262-9001 Email: grusso@joneswalker.com John A Jordak Alston & Bird (GA) 1201 W Peachtree St Atlanta, GA 30309-3424 404-881-7868 Fax: 404-881-7777 Email: john.jordak@alston.com Defendant Keith G Myers represented by Carmen M Rodriguez Elizabeth Gingold Greenman Gary J Russo John A Jordak Date Filed # Docket Text 06/13/2012 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $350, receipt number 0536-1973305) filed by City of Omaha Police and Fire Retirement System. (Attachments: # 1 Civil cover sheet, # 2 Exhibit Certification of James Sklenar)(aty,Lemmon, Andrew) (Entered: 06/13/2012) 06/13/2012 CASE Assigned to Judge Rebecca F Doherty and Magistrate Judge C Michael Hill. (crt,whidden, C) (Entered: 06/13/2012) 06/13/2012 2 SUMMONS ISSUED as to L H C Group Inc, Keith G Meyers. (crt,whidden, C) (Entered: 06/13/2012)
06/19/2012 3 SUMMONS ISSUED as to Keith G Myers to reflect correct spelling as listed in the body of the complaint. (crt,whidden, C) (Entered: 06/19/2012) 06/20/2012 4 WAIVER OF SERVICE Returned Executed by City of Omaha Police & Fire Retirement System. L H C Group Inc waiver sent on 6/19/2012, answer due 8/20/2012. (aty,netting, Irma) (Entered: 06/20/2012) 06/20/2012 5 WAIVER OF SERVICE Returned Executed by City of Omaha Police & Fire Retirement System. Keith G Myers waiver sent on 6/19/2012, answer due 8/20/2012. (aty,netting, Irma) (Entered: 06/20/2012) 07/18/2012 6 NOTICE of Appearance by Gary J Russo on behalf of L H C Group Inc, Keith G Myers (aty,russo, Gary) (Entered: 07/18/2012) 07/18/2012 7 MOTION for John A. Jordak, Jr. to Appear Pro Hac Vice ( Admission fee: $25, receipt number 0536-2002868) by L H C Group Inc, Keith G Myers. Motions referred to C Michael Hill. (Attachments: # 1 Certificate of good standing, # 2 Affidavit Affidavit of John A. Jordak, # 3 Proposed order)(aty,russo, Gary) (Entered: 07/18/2012) 07/18/2012 8 MOTION for Elizabeth Gingold Greenman to Appear Pro Hac Vice ( Admission fee: $25, receipt number 0536-2002881) by L H C Group Inc, Keith G Myers. Motions referred to C Michael Hill. (Attachments: # 1 Certificate of good standing, # 2 Affidavit Elizabeth Gingold Greenman, # 3 Proposed order)(aty,russo, Gary) (Entered: 07/18/2012) 07/20/2012 9 ORDER granting 7 Motion to Appear Pro Hac Vice for appearance of John A Jordak for L H C Group Inc and Keith G Myers. Signed by Magistrate Judge C Michael Hill on 7/20/12. (crt,whidden, C) (Entered: 07/20/2012) 07/20/2012 10 ORDER granting 8 Motion to Appear Pro Hac Vice for appearance of Elizabeth Gingold Greenman for L H C Group Inc and Keith G Myers. Signed by Magistrate Judge C Michael Hill on 7/20/12. (crt,whidden, C) (Entered: 07/20/2012) 07/25/2012 11 PROPOSED ORDER/JUDGMENT Consent Scheduling Order by All Defendants. (aty,jordak, John) (Entered: 07/25/2012) 07/30/2012 12 CONSENT SCHEDULING ORDER: It is hereby ordered within 30 days Lead Plaintiff shall file a Consolidated Amended Complaint. Defendants shall have 45 days to respond. If Defendants move to dismiss the Consolidated Amended Complaint the plaintiff shall have 45 days to oppose the motion and defendants shall have 30 days thereafter of service to serve any reply in further support of their motion. Signed by Judge Rebecca F Doherty on 7/30/2012. (crt,putch, A) (Entered: 07/31/2012) 08/13/2012 13 Ex Parte MOTION to Appoint Counsel for Appointment as Lead Plaintiff andfor Approval of Lead Plaintiff's Selection of Lead and Liason Counsel by City of Omaha Police & Fire Retirement System. Motions referred to C Michael Hill. (Attachments: # 1 Memorandum / Brief, # 2 Exhibit Declaration of Andrew A. Lemmon, # 3 Exhibit Early Notice, # 4 Exhibit Plaintiff Certification, # 5 Exhibit Loss Chart, # 6 Exhibit Firm Resume Scott + Scott, # 7 Exhibit Feb. 22, 2010 opinion in New York University v. Ariel Fund Limited, # 8 Exhibit Firm Resume Lemmon Law Firm, # 9 Proposed order)(aty,lemmon, Andrew) (Entered: 08/13/2012) 08/13/2012 Motions Transferred regarding 13 Ex Parte MOTION to Appoint Counsel for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead
and Liason Counsel. Motions referred to Rebecca F Doherty. (crt,putch, A) (Entered: 08/14/2012) 08/17/2012 14 ORDER OF RECUSAL: Pursuant to 28 U.S.C. 455, the undersigned, as well as Judge Richard Haik, disqualify themselves from the handling of the referenced proceeding. All pending motions, pre-trial and trial dates are continued and will be reset by the judge to whom the case will be assigned; assignment of the Magistrate Judge will be addressed by the Chief Judge. Signed by Judge Rebecca F Doherty on 8/17/2012. (crt,putch, A) (Entered: 08/20/2012) 08/20/2012 15 MINUTE ENTRY REASSIGNING CASE. Case reassigned to Judge James T Trimble, Jr. Judge Rebecca F Doherty no longer assigned to case. Issued by Tony R Moore, Clerk, on 8/20/2012. (crt,williams, L) (Entered: 08/20/2012) 08/20/2012 Motions Transferred regarding 13 Ex Parte MOTION to Appoint Counsel for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Lead and Liason Counsel. Motions referred to James T Trimble, Jr. (crt,williams, L) (Entered: 08/20/2012) 08/23/2012 16 PROPOSED ORDER/JUDGMENT Consent Order Appointing Lead Plaintiff, Lead Plaintiff's Counsel, and Liaison Counsel by City of Omaha Police & Fire Retirement System. (aty,lemmon, Andrew) Modified on 8/24/2012 to indicate motion denied; see 17 electronic order. (Putch, A) (Entered: 08/23/2012) 08/24/2012 17 ELECTRONIC ORDER denying 13 Motion to Appoint Counsel. The proposed plaintiffs' lead counsel is not admitted to practice in the Western District of Louisiana. See Local Rule 83.2.6 for specific information regarding admission requirements. If and when counsel is admitted, plaintiffs may reurge the motion.. Signed by Judge James T Trimble, Jr on 08/24/2012. (crt,petrofes, T) (Entered: 08/24/2012) 09/04/2012 18 MOTION for Anne L. Box to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2038601) by City of Omaha Police & Fire Retirement System. Motions referred to C Michael Hill. (Attachments: # 1 Affidavit of Anne L. Box in Support of Motion to Be Admitted Pro Hac Vice, # 2 Certificate of good standing, # 3 Proposed order)(aty,lemmon, Andrew) Modified on 9/11/2012 to indicate pro hac attorney's contact information filed as 19 Corrective Document. (Putch, A) (Entered: 09/04/2012) 09/05/2012 19 CORRECTIVE DOCUMENT entitled Corrective Document Re: Pro Hac Vice for Anne L. Box filed by City of Omaha Police & Fire Retirement System regarding 18 MOTION for Anne L. Box to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2038601). (aty,lemmon, Andrew) (Entered: 09/05/2012) 09/05/2012 20 MOTION for Joseph P. Guglielmo to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2039553) by City of Omaha Police & Fire Retirement System. Motions referred to C Michael Hill. (Attachments: # 1 Affidavit, # 2 Certificate of good standing Appellate Division of the Supreme Court of New York, # 3 Certificate of good standing United States District Court Southern District of New York, # 4 Proposed order)(aty,lemmon, Andrew) (Entered: 09/05/2012) 09/05/2012 23 ORDER granting 18 Motion to Appear Pro Hac Vice for appearance of Anne L Box for City of Omaha Police & Fire Retirement System. Signed by Magistrate Judge C Michael Hill on 9/5/2012. (crt,putch, A) (Entered: 09/06/2012)
09/06/2012 21 MOTION for Donald A. Broggi to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2040906) by City of Omaha Police & Fire Retirement System. Motions referred to C Michael Hill. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,lemmon, Andrew) (Entered: 09/06/2012) 09/06/2012 22 MOTION for Deborah Clark-Weintraub to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-2040927) by City of Omaha Police & Fire Retirement System. Motions referred to C Michael Hill. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,lemmon, Andrew) (Entered: 09/06/2012) 09/06/2012 24 ORDER granting 20 Motion for Joseph P Guglielmo to Appear Pro Hac Vice on behalf of City of Omaha Police & Fire Retirement System. Signed by Magistrate Judge C Michael Hill on 9/6/2012. (crt,putch, A) (Entered: 09/07/2012) 09/07/2012 25 ORDER granting 21 Motion for Donald A Broggi to Appear Pro Hac Vice on behalf of City of Omaha Police & Fire Retirement System. Signed by Magistrate Judge C Michael Hill on 9/7/2012. (crt,putch, A) (Entered: 09/12/2012) 09/07/2012 26 ORDER granting 22 Motion for Deborah Clark-Weintraub to Appear Pro Hac Vice on behalf of City of Omaha Police & Fire Retirement System. Signed by Magistrate Judge C Michael Hill on 9/7/2012. (crt,putch, A) (Entered: 09/12/2012) 09/12/2012 27 PROPOSED ORDER/JUDGMENT re 28 Motion to Appoint Counsel styled as Motion for Entry of Second Proposed Consent Order Appointing Lead Plaintiff, Lead Plaintiff's Counsel, and Liaison Counsel by City of Omaha Police & Fire Retirement System. (aty,lemmon, Andrew) Modified on 9/14/2012 to create link to proper pleading. (Putch, A) (Entered: 09/12/2012) 09/13/2012 28 MOTION to Appoint Counsel styled as Motion for Entry of Second Proposed Consent Order Appointing Lead Plaintiff, Lead Plaintiff's Counsel, and Liaison Counsel by City of Omaha Police & Fire Retirement System. (aty,lemmon, Andrew) Modified on 9/14/2012 to more accurately identify the pleading submitted, to indicate memorandum in support & exhibits filed as attachments to doc 13 and to indicate text of proposed order filed as doc 27. (Putch, A) (Entered: 09/13/2012) 09/18/2012 29 ORDER granting 28 Motion to Appoint Lead Plaintiff, Lead Plaintiff's Counsel, and Liaison Counsel. Signed by Judge James T Trimble, Jr on 9/18/2012. (crt,putch, A) (Entered: 09/25/2012) 11/02/2012 30 AMENDED COMPLAINT for Violations of the Federal Securities Laws against All Defendants with Jury Demand filed by City of Omaha Police & Fire Retirement System.(aty,Lemmon, Andrew) Modified on 11/5/2012 to edit text. (Putch, A) (Entered: 11/02/2012) 12/17/2012 31 MOTION to Dismiss For Failure to State a Claim Plaintiff's 30 Amended Complaint by L H C Group Inc, Keith G Myers. (Attachments: # 1 Memorandum / Brief, # 2 Exhibit A-Newspaper Article, # 3 Exhibit B-Senate Finance Report, # 4 Exhibit C-Bach v. Amedisys, # 5 Exhibit D-LHC 10-K, # 6 Exhibit E-LHC Press Release 12/2/08, # 7 Exhibit F-LHC Press Release 5/12/10, # 8 Exhibit G-Correspondence from Keith Myers, # 9 Exhibit H-LHC Form 4)(aty,Greenman, Elizabeth) Modified on 12/18/2012 to create link to proper pleading. (Putch, A) (Entered: 12/17/2012) 12/18/2012 32 NOTICE of Motion Setting without oral argument regarding 31 MOTION to Dismiss
For Failure to State a Claim Plaintiff's 30 Amended Complaint. Motion day set for 2/13/2013 before Judge James T Trimble Jr. (crt,putch, A) (Entered: 12/18/2012) 12/19/2012 33 ELECTRONIC ORDER, A notice of motion setting(r. #32) was issued regarding the motion to dismiss ( R. #31) which set the briefing schedule. On July 30, 2012, before the case was reassigned to the undersigned, Judge Doherty issued a "Consent Scheduling Order"(R. #12) setting the briefing deadlines for the motion. Accordingly, the court will amend the notice of motion setting to conform with Judge Doherty's order. As such, the opposition to the motion shall be filed no later than 1/31/2013 and the reply shall be filed no later than 3/4/2013. The court will consider the motion after all briefs have been filed. Signed by Judge James T Trimble, Jr on 12/19/2012. (crt,petrofes, T) (Entered: 12/19/2012) 01/31/2013 34 MEMORANDUM in Opposition re 31 MOTION to Dismiss For Failure to State a Claim Plaintiff's Amended Complaint filed by City of Omaha Police & Fire Retirement System. (aty,lemmon, Andrew) (Entered: 01/31/2013) 03/04/2013 35 REPLY to Response to Motion re 31 MOTION to Dismiss For Failure to State a Claim Plaintiff's Amended Complaint filed by L H C Group Inc, Keith G Myers. (aty,greenman, Elizabeth) Modified on 3/8/2013 to indicate proper signature page filed as 36 Corrective Document. (Putch, A) (Entered: 03/04/2013) 03/07/2013 36 CORRECTIVE DOCUMENT entitled Corrected Signature Page filed by L H C Group Inc, Keith G Myers regarding 35 Reply to Response to Motion. (aty,greenman, Elizabeth) (Entered: 03/07/2013) 03/15/2013 37 MEMORANDUM RULING re 31 MOTION to Dismiss For Failure to State a Claim Plaintiff's Amended Complaint filed by L H C Group Inc, Keith G Myers. Signed by Judge James T Trimble, Jr on 3/15/13. (crt,roaix, G) (Entered: 03/15/2013) 03/15/2013 38 JUDGMENT denying 31 Motion to Dismiss for Failure to State a Claim. Signed by Judge James T Trimble, Jr on 3/15/13. (crt,roaix, G) (Entered: 03/15/2013) 03/20/2013 39 MOTION for Extension of Time to File Answer re 30 Amended Complaint with consent by L H C Group Inc, Keith G Myers. Motions referred to C Michael Hill. (Attachments: # 1 Proposed order)(aty,greenman, Elizabeth) Modified on 3/21/2013 to edit text. (Putch, A) (Entered: 03/20/2013) 03/21/2013 40 ORDER granting 39 Motion for Extension of Time to Answer re 30 Amended Complaint L H C Group Inc answer due 4/15/2013; Keith G Myers answer due 4/15/2013. Signed by Magistrate Judge C Michael Hill on 3/21/2013. (crt,davenport, M) (Entered: 03/21/2013) 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