US District Court Civil Docket as of 04/16/2007 Retrieved from the court on Tuesday, April 17, 2007 U.S. District Court Middle District of Florida (Orlando) CIVIL DOCKET FOR CASE #: 6:05-cv-01859-ACC-DAB Molema v. Bio-One Corporation et al Assigned to: Judge Anne C. Conway Referred to: Magistrate Judge David A. Baker Cause: 15:0078m(a) Securities Exchange Act Marie-Pascale Molema On Behalf of Herself and All Others Similarly Situated Date Filed: 12/16/2005 Date Terminated: 04/13/2007 Jury Demand: Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Berman DeValerio Pease Tabacco Burt & Pucillo Suite 900 222 Lakeview Ave West Palm Beach, FL 33401 561/835-9400 Fax: 561/835-0322 Email: mjgreenspon@bermanesq.com Berman DeValerio Pease Tabacco Burt & Pucillo Suite 900 222 Lakeview Ave West Palm Beach, FL 33401 561/835-9400 Fax: 561/835-0322 Email: mpucillo@bermanesq.com Jeffrey C. Rehm
The Albert Rehm & Charlotte Rehm Family Trust A The Albert Rehm & Charlotte Rehm Family Trust B Charlotte J. Rehm Ellen Ann Sofie
V. Bio-One Corporation represented by April Lynn Boyer Kirkpatrick & Lockhart Nicholson Graham LLP Miami Center - 20th Floor 201 S. Biscayne Blvd. Miami, FL 33131-2399 305/539-3300 Fax: 305/358-7095 Email: aboyer@klng.com TERMINATED: 11/29/2006 Dianne O. Fischer Kluger, Peretz, Kaplan & Berlin, PA* Suite 1700 201 S Biscayne Blvd Miami, FL 33131 305/379-9000 Email: dfischer@kpkb.com Armand Dauplaise Bernard Shinder represented by Carl Francis Schoeppl Schoeppl & Burke, P.A. 4651 N. Federal Hwy. Boca Raton, FL 33431-5133 561/394-8301 Fax: 561/394-3121 Email: michael@schoepplburke.com Frank M. Clark represented by Brian P. Miller Akerman Senterfitt 28th Floor 1 SE 3rd Ave
Miami, FL 33131-1714 305/374-5600 Fax: 305/374-5095 Email: brian.miller@akerman.com Charles Franklin Ketchey, Jr. Akerman Senterfitt 401 E Jackson St - Ste 1700 PO Box 3273 Tampa, FL 33601-3273 813/223-7333 Fax: 813/223-2837 Email: charles.ketchey@akerman.com Antonio Morin Akerman Senterfitt 28th Floor 1 SE 3rd Ave Miami, FL 33131-1714 305/374-5600 Fax: 305/374-5095 Email: antonio.morin@akerman.com Irwin Newman Roy Lerman represented by Robert J. Basil Collier & Basil, P.C. 60 W. 57th St., Suite 16-O New York, NY 10019 212/521-1725 Fax: 831/536-1075 Date Filed # Docket Text 12/16/2005 1 CLASS ACTION COMPLAINT for violations of the Federal Securities laws; jury demand (Filing fee $250 - receipt number 20169)(RDO) (Entered: 12/19/2005)
12/16/2005 Summons issued as to Bio-One Corporation, Armand Dauplaise, Bernard Shinder, Frank M. Clark, Irwin Newman and Roy Lerman. (RDO) (Entered: 12/19/2005) 01/04/2006 2 RELATED CASE ORDER; NOTICE of designation under Local Rule 3.05 - track 2; and ORDER Requiring Electronic Filing. (Notice of pendency of other actions due by 1/19/2006.) Signed by Judge Anne C. Conway on 1/4/2006. (SAF) (Entered: 01/04/2006) 01/04/2006 3 INTERESTED PERSONS ORDER. (Certificate of interested persons and corporate disclosure statement due by 1/19/2006.)Signed by Judge Anne C. Conway on 1/4/2006. (SAF) (Entered: 01/04/2006) 01/17/2006 4 NOTICE of pendency of other actions re order of compliance to Local Rule by Marie-Pascale Molema Related case(s): No (Pucillo, Michael) (Entered: 01/17/2006) 01/17/2006 5 CERTIFICATE of interested persons and corporate disclosure statement by Marie- Pascale Molema. (Pucillo, Michael) (Entered: 01/17/2006) 01/18/2006 6 WAIVER OF SERVICE returned executed on January 10, 2006 by Marie-Pascale Molema. Waiver of Service sent on January 4, 2006 as to Bio-One Corporation. (Pucillo, Michael) (Entered: 01/18/2006) 02/09/2006 Summons issued as to Bernard Shinder, Frank M. Clark, Roy Lerman. (JRM) (Entered: 02/09/2006) 02/21/2006 7 MOTION to be appointed lead plaintiff and selection of lead counsel by Marie- Pascale Molema. (Greenspon, Marc) (Entered: 02/21/2006) 02/21/2006 8 DECLARATION of Marc J. Greenspon re 7 MOTION to be appointed lead plaintiff and selection of lead counsel by Marie-Pascale Molema. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Greenspon, Marc) (Entered: 02/21/2006) 02/27/2006 9 RETURN of service executed on February 25, 2006 by Marie-Pascale Molema as to Roy Lerman. (Greenspon, Marc) (Entered: 02/27/2006) 03/01/2006 10 RETURN of service executed on February 28, 2006 by Marie-Pascale Molema as to Frank M. Clark. (Greenspon, Marc) (Entered: 03/01/2006) 03/07/2006 11 NOTICE of Appearance by Dianne O. Fischer on behalf of Bio-One Corporation (Fischer, Dianne) (Entered: 03/07/2006) 03/07/2006 12 RETURN of service executed on February 27, 2006 by Marie-Pascale Molema as to Bernard Shinder. (Greenspon, Marc) (Entered: 03/07/2006) 03/08/2006 13 MOTION for extension of time until 4/5/06 to file answer or otherwise plead by Bio-One Corporation. (Attachments: # 1)(Fischer, Dianne) Modified on 3/9/2006 (JRM) (Entered: 03/08/2006) 03/09/2006 14 ORDER granting 13 Motion for extension of time to answer or respond to 1 Complaint. Bio-One Corporation answer due 4/5/2006. Counsel is reminded that motions for enlargement of time should be filed before a deadline passes. Signed by Judge Karla R. Spaulding on 3/9/2006. (SJB, ) (Entered: 03/09/2006)
03/10/2006 15 MOTION Relief from Local Rules 3.05 and 4.04 and Proposed Scheduling Order by Marie-Pascale Molema. (Greenspon, Marc) (Entered: 03/10/2006) 03/13/2006 16 ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) 15 Motion. Signed by Judge Anne C. Conway on 3/13/2006. (Conway, Anne) (Entered: 03/13/2006) 03/15/2006 17 MOTION Relief from Local Rules 3.05 and 4.04 and Proposed Scheduling Order by Marie-Pascale Molema. (Greenspon, Marc) (Entered: 03/15/2006) 03/15/2006 18 RELATED CASE ORDER Directed to Bio-One Corporation. Notice of pendency of other actions due by 3/30/2006. Signed by Judge Anne C. Conway on 3/15/2006. (SAF) (Entered: 03/15/2006) 03/15/2006 19 INTERESTED PERSONS ORDER Directed to Bio-One Corporation. Certificate of interested persons and corporate disclosure statement due by 3/30/2006. Signed by Judge Anne C. Conway on 3/15/2006. (SAF) (Entered: 03/15/2006) 03/17/2006 Summons issued as to Armand Dauplaise. (JRM) (Entered: 03/17/2006) 03/20/2006 20 Unopposed MOTION to extend time until 4/14/06 to respond to complaint by Frank M. Clark. (Miller, Brian) Modified on 3/21/2006 (JRM) (Entered: 03/20/2006) 03/21/2006 21 ORDER OF RECUSAL. Judge Karla R. Spaulding recused. Signed by Judge Karla R. Spaulding on 3/21/2006. (SJB, ) (Entered: 03/21/2006) 03/21/2006 Magistrate Judge David A. Baker added; Magistrate Judge Karla R. Spaulding no longer assigned. New case no. 6:05-cv-1859-Orl-22DAB. (JRM) (Entered: 03/21/2006) 03/22/2006 22 ORDER referring motions. Signed by Judge Anne C. Conway on 3/22/2006. (Conway, Anne) (Entered: 03/22/2006) 03/24/2006 23 RELATED CASE ORDER Directed to Deft Frank M. Clark. (Notice of pendency of other actions due by 4/10/2006.) Signed by Judge Anne C. Conway on 3/24/2006. (SAF) (Entered: 03/24/2006) 03/24/2006 24 INTERESTED PERSONS ORDER Directed to Frank M. Clark. (Certificate of interested persons and corporate disclosure statement due by 4/10/2006.) Signed by Judge Anne C. Conway on 3/24/2006. (SAF) (Entered: 03/24/2006) 03/27/2006 25 ENDORSED ORDER granting 20 Motion to extend time. Signed by Judge David A. Baker on 3/27/2006. (Baker, David) (Entered: 03/27/2006) 03/27/2006 26 First MOTION for Extension of Time to File and Serve Certificate of Interested Persons and Corporate Disclosure Statement by Bio-One Corporation. (Attachments: # 1 Text of Proposed Order)(Fischer, Dianne) (Entered: 03/27/2006) 03/28/2006 27 ENDORSED ORDER granting 26 Motion for Extension of Time to File. Signed by Judge David A. Baker on 3/28/2006. (Baker, David) (Entered: 03/28/2006) 03/30/2006 28 NOTICE of pendency of other actions re March 15, 2006 order of compliance to
Local Rule by Bio-One Corporation Related case(s): yes (Fischer, Dianne) (Entered: 03/30/2006) 03/30/2006 29 NOTICE by Bio-One Corporation of filing Certificate of Interested Persons and Corporate Disclosure Statement (Fischer, Dianne) Modified on 3/31/2006 (JRM) (Incorrect code; attorney refiling) (Entered: 03/30/2006) 03/31/2006 30 CERTIFICATE of interested persons and corporate disclosure statement by Bio- One Corporation. (Fischer, Dianne) (Entered: 03/31/2006) 04/05/2006 31 MOTION for extension of time to file answer or otherwise plead re 1 Complaint by Bio-One Corporation. (Attachments: # 1)(Fischer, Dianne) (Entered: 04/05/2006) 04/07/2006 32 ENDORSED ORDER granting 31 Motion for extension of time to answer or respond. Signed by Judge David A. Baker on 4/7/2006. (Baker, David) (Entered: 04/07/2006) 04/10/2006 33 RETURN of service executed on March 29, 2006 by Marie-Pascale Molema as to Armand Dauplaise. (Greenspon, Marc) (Entered: 04/10/2006) 04/10/2006 34 NOTICE of pendency of other actions re order of compliance to Local Rule by Frank M. Clark Related case(s): yes (Morin, Antonio) (Entered: 04/10/2006) 04/10/2006 35 CERTIFICATE of interested persons and corporate disclosure statement by Frank M. Clark. (Morin, Antonio) (Entered: 04/10/2006) 04/18/2006 36 MOTION to withdraw by Bio-One Corporation. (Attachments: # 1)(Fischer, Dianne) Modified on 4/19/2006 (JRM) (Incorrect code used; attorney refiling) (Entered: 04/18/2006) 04/19/2006 37 MOTION for Entry of Scheduling Order by Frank M. Clark, Marie Pascale- Molema. (Miller, Brian) Modified on 4/20/2006 (JRM) (Entered: 04/19/2006) 04/20/2006 38 ORDER referring motion. Signed by Judge Anne C. Conway on 4/20/2006. (Conway, Anne) (Entered: 04/20/2006) 04/21/2006 39 MOTION for Dianne O. Fischer, Esq. to withdraw as attorney by Bio-One Corporation. (Attachments: # 1)(Fischer, Dianne) (Entered: 04/21/2006) 04/21/2006 40 ORDER of Transfer. Signed by Judge Anne C. Conway on 4/21/2006. (Conway, Anne) (Entered: 04/21/2006) 04/21/2006 Judge Gregory A. Presnell added. Judge Anne C. Conway no longer assigned to case; new case no. 6:05-cv-1859-Orl-31DAB. (JRM) (Entered: 04/24/2006) 04/25/2006 41 ORDER denying 39 Motion to withdraw as attorney. Signed by Judge David A. Baker on 4/25/2006. (EC1) (Entered: 04/25/2006) 04/26/2006 42 ORDER of recusal by Judge Presnell; Clerk is directed to reassign this case to the Honorable Anne C. Conway, as the original judge in this case. Signed by Judge Gregory A. Presnell on 4/26/2006. (TKW, ) (Entered: 04/26/2006) 04/27/2006 Case ressigned to Judge Anne C. Conway. Judge Gregory A. Presnell no longer assigned to the case. New case number: 6:05-cv-1859-22DAB (LAK) (Entered: 04/27/2006)
06/02/2006 43 REPORT AND RECOMMENDATION to grant 7 MOTION to be appointed lead plaintiff and selection of lead counsel. ORDER granting 17 MOTION for Relief from Local Rules 3.05 and 4.04, and granting in part 37 MOTION for Entry of Scheduling Order. Amended Complaint due by July 17, 2006; s will have 30 days to respond; discovery is stayed pending further order of the Court. Signed by Judge David A. Baker on 6/2/2006. (EC1) (Entered: 06/02/2006) 06/20/2006 44 ORDER adopting Report and Recommendations re 43, granting 7 Motion. Signed by Judge Anne C. Conway on 6/20/2006. (Conway, Anne) (Entered: 06/20/2006) 07/05/2006 45 Unopposed MOTION for Extension of Time, 30 days until 8/16/06, to File Amended Complaint by all plaintiffs. (Greenspon, Marc) Modified on 7/6/2006 (JRM) (Entered: 07/05/2006) 07/06/2006 46 ENDORSED ORDER granting 45 Motion for Extension of Time to File. No further extensions should be sought absent a showing of extraordinary good cause. Signed by Judge David A. Baker on 7/6/2006. (Baker, David) (Entered: 07/06/2006) 08/08/2006 47 NOTICE of Settlement and Joint Request for Stay of Proceedings by Jeffrey C. Rehm, The Albert Rehm & Charlotte Rehm Family Trust A, The Albert Rehm & Charlotte Rehm Family Trust B, Charlotte J. Rehm, Ellen Ann Sofie, Marie- Pascale Molema, Bio-One Corporation, Frank M. Clark (Greenspon, Marc) (Entered: 08/08/2006) 08/15/2006 48 ORDER of Dismissal. Signed by Judge Anne C. Conway on 8/15/2006. (Conway, Anne) (Entered: 08/15/2006) 10/13/2006 49 Joint MOTION to reopen Case by all parties. (Attachments: # 1 Exhibit 1)(Greenspon, Marc) (Entered: 10/13/2006) 11/27/2006 50 MOTION for April L. Boyer to withdraw as attorney by Bio-One Corporation. (Boyer, April) Motions referred to Magistrate Judge David A. Baker. Modified on 11/28/2006 (JRM) (Entered: 11/27/2006) 11/28/2006 51 ENDORSED ORDER granting 50 Motion to withdraw as attorney. Signed by Judge David A. Baker on 11/28/2006. (Baker, David) (Entered: 11/28/2006) 11/29/2006 52 MOTION Preliminary Approval of Settlement and to Set Hearing for Final Settlement Approval by all plaintiffs. (Greenspon, Marc) (Entered: 11/29/2006) 12/01/2006 53 SCHEDULING ORDER FOR SETTLEMENT APPROVAL. Signed by Judge Anne C. Conway on 12/1/2006. (Conway, Anne) (Entered: 12/01/2006) 12/22/2006 54 NOTICE by Marie-Pascale Molema of filing Affidavit of in Support 52 Motion for Preliminary and Final Approval of Settlement Under Rule 23(e) of the Federal Rules of Civil Procedure (Pucillo, Michael) Modified on 12/26/2006 (LAK). (document reattached on 12/28/2006 LAK). (Entered: 12/22/2006) 01/04/2007 55 MINUTE ENTRY for proceedings held before Judge Anne C. Conway: Motion Hearing held 1/4/2007 re: 52 MOTION Preliminary Approval of Settlement and to Set Hearing for Final Settlement Approval filed by Charlotte J. Rehm, Ellen Ann Sofie, The Albert Rehm & Charlotte Rehm Family Trust B, The Albert Rehm &
Charlotte Rehm Family Trust A, Jeffrey C. Rehm, Marie-Pascale Molema. Court Reporter: Sandy Tremel (SAF) (Entered: 01/05/2007) 01/12/2007 56 PRELIMINARY ORDER in connection with settlement proceedings. Signed by Judge Anne C. Conway on 1/12/2007. (Conway, Anne) (Entered: 01/12/2007) 03/13/2007 57 MEMORANDUM in support re 56 Order Lead s' Memorandum in Support of the Proposed Settlement and Lead Counsel's Application for an Award of Attorneys' Fees and Reimbursement of Expenses filed by Marie-Pascale Molema. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Pucillo, Michael) (Entered: 03/13/2007) 03/14/2007 58 NOTICE of filing Table of Authorities by Marie-Pascale Molema re 57 Memorandum in support, (Pucillo, Michael) Modified on 3/14/2007 (JRM) (Entered: 03/14/2007) 04/13/2007 59 MINUTE ENTRY for proceedings held before Judge Anne C. Conway: Settlement Fairness Hearing held 4/13/2007. Written order forthcoming. Court Reporter: Sandy Tremel (SAF) (Entered: 04/13/2007) 04/13/2007 60 FINAL JUDGMENT. Signed by Judge Anne C. Conway on 4/13/2007. (Conway, Anne) (Entered: 04/13/2007) 04/16/2007 61 ORDER: The Clerk is directed to close the file. Signed by Judge Anne C. Conway on 4/16/2007. (Conway, Anne) (Entered: 04/16/2007) 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