US District Court Civil Docket as of February 12, 2013 Retrieved from the court on February 13, 2013 U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:11-cv-01816-AGF IN RE: K-V Pharmaceutical Company Securities Litigation Date Filed: 10/19/2011 Assigned to: Honorable Audrey G. Fleissig Date Terminated: 08/15/2012 Related Cases: 4:11-cv-01888-AGF Jury Demand: Plaintiff 4:11-cv-01905-AGF Nature of Suit: 850 Cause: 15:78m(a) Securities Exchange Act Securities/Commodities Jurisdiction: Federal Question Plaintiff Frank Julianello on behalf of himself and all others similarly situated represented by Naumon A. Amjed KESSLER AND TOPAZ 280 King of Prussia Road Radnor, PA 19087 610-667-7706 Fax: 610-667-7056 Email: namjed@ktmc.com Roy F. Walters WALTERS AND BENDER 1100 Main Street Suite 2500 Kansas City, MO 64105 816-421-6620 Fax: 816-421-4747 Email: fwalters@wbsvlaw.com R. Keith Johnston WALTERS AND BENDER 12th & Baltimore 2500 City Center Square Kansas City, MO 64196 816-421-6620 Fax: 816-421-4747 Email: kjohnston@wbsvlaw.com TERMINATED: 03/27/2012
Plaintiff Lori Anderson represented by Eric D. Holland HOLLAND AND GROVES, L.L.C. 300 N. Tucker Boulevard Suite 801 St. Louis, MO 63101 314-241-8111 Fax: 314-241-5554 Email: eholland@allfela.com Randall S. Crompton HOLLAND AND GROVES, L.L.C. 300 N. Tucker Boulevard Suite 801 St. Louis, MO 63101 314-241-8111 Fax: 314-241-5554 Email: scrompton@allfela.com V. Consolidated Filer Plaintiff Choo Teck Kwang Consolidated Filer Plaintiff Anderson Family Lori Anderson (Lead Plaintiff) represented by Anthony L. DeWitt BARTIMUS AND FRICKLETON 715 Swifts Highway Jefferson City, MO 65109 573-659-4454 Fax: 573-659-4460 Email: aldewitt@sprintmail.com represented by David A.P. Brower BROWER PIVEN 475 Park Avenue South 33rd Floor New York, NY 10016 212-501-9000 Fax: 212-501-0300 Email: brower@browerpiven.com Eric D. Holland
J. Ryan Lopatka KAHN AND SWICK, LLC 206 Covington Street Madisonville, LA 70447 504-455-1400 Fax: 504-455-1498 Email: j.lopatka@ksfcounsel.com Kim E. Miller KAHN AND SWICK, LLC 500 Fifth Avenue Suite 1810 New York, NY 10110 212-696-3730 Fax: 504-455-1498 Email: kim.miller@ksfcounsel.com Randall S. Crompton Consolidated Filer Plaintiff Ramakrishna Mukku Individually and on Behalf of All Others Similarly Situated TERMINATED: 03/29/2012 Consolidated Filer Plaintiff Kenneth A. Leight represented by Anthony L. DeWitt represented by Naumon A. Amjed Don R. Lolli DYSART AND TAYLOR 4420 Madison Avenue Suite 200 Kansas City, MO 64111 816-931-2700 Fax: 816-931-7377 Email: dlolli@dysarttaylor.com Consolidated Filer Plaintiff
Hoichi Cheong Individually and on Behalf of All Others Similarily Situated represented by D. Seamus Kaskela KESSLER AND TOPAZ 280 King of Prussia Road Radnor, PA 19087 610-667-7706 Fax: 610-667-7056 Email: skaskela@ktmc.com David Promisloff KESSLER AND TOPAZ 280 King of Prussia Road Radnor, PA 19087 610) 225-0256 Fax: (610) 408-8062 Email: dmp@weiserlawfirm.com PRO HAC VICE Don R. Lolli V. Defendant K-V Pharmaceutical Company represented by F. Joseph Warin GIBSON AND DUNN 1050 Connecticut Avenue, N.W. Washington, DC 20036-5306 202-887-3609 Fax: 202-530-9608 Email: fwarin@gibsondunn.com Jason Morrow GIBSON AND DUNN 1050 Connecticut Avenue, N.W. Washington, DC 20036-5306 202-955-8296 Email: jmorrow@gibsondunn.com Robert P. Berry BERRY AND MAXSON, LLC 16150 Main Circle Drive Suite 120 St. Louis, MO 63017
314-480-5881 Fax: 314-480-5884 Email: rberry@berrymaxson.com Defendant Gregory J. Divis, Jr. represented by F. Joseph Warin Jason Morrow Robert P. Berry Defendant Scott Goedeke represented by F. Joseph Warin Jason Morrow Robert P. Berry Date Filed 10/19/2011 10/20/2011 # Docket Text 1 COMPLAINT against defendant Gregory J Divis, Jr, K-V Pharmaceutical Company, Scott Goedeke with receipt number 0865-2979832, in the amount of $350 Jury Demand,, filed by Frank Julianello. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Waiver of Service K-V Pharmaceutical Company, # 4 Waiver of Service Gregory J. Divis, Jr., # 5 Waiver of Service Scott Goedeke)(Johnston, R.) (Entered: 10/19/2011) Case Opening Notification Waivers issued 3, Judge Assigned: Audrey G. Fleissig. (SAJ) (Entered: 10/20/2011)
11/21/2011 2 Joint Motion to Extend Time to file an Answer for Defendants to Respond to Complaint by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company, Plaintiff Frank Julianello. (Attachments: # 1 Text of Proposed Order)(Johnston, R.) Modified on 11/22/2011 (JWJ). DOCUMENT TYPE CHANGE AND TEXT MODIFIED (Entered: 11/21/2011) 11/22/2011 11/23/2011 11/23/2011 11/23/2011 3 ORDER EXTENDING DEADLINE FOR DEFENDANTS TO RESPOND TO COMPLAINT Pending before the Court is a Joint Stipulation Extending the Deadline for Defendants to Response to the Complaint (Doc. No.2). After careful consideration, the Court orders the following: 1. Defendants are not required to respond to the Complaint in this action or any action consolidated into this action, other than a Consolidated Complaint or a complaint designated as the operative complaint after the appointment of a lead plaintiff and approval of lead plaintiffs selection of lead counsel; 2. Within twenty (20) days after the appointment of a lead plaintiff, counsel for defendants and the lead plaintiff shall: (a) confer regarding a mutually agreeable schedule and dates by which the lead plaintiff will file a Consolidated Complaint (or designate a complaint as the operative complaint) and a briefing schedule on defendants' anticipated motion(s) to dismiss; and (b) file a stipulated briefing schedule for approval by the Court. 3. Counsel for the parties shall notify their clients of their document preservation obligations pursuant to the federal securities laws and the Local Rules. Signed by Honorable Audrey G. Fleissig on 11/22/2011. (NCL) (Entered: 11/22/2011) 4 Letter to attorney R. Keith Johnston from Clerk re: admission pro hac vice. (KLK) (Entered: 11/23/2011) 5 ENTRY of Appearance by Robert P. Berry for Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (Berry, Robert) (Entered: 11/23/2011) 6 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant K-V Pharmaceutical Company. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Berry, Robert) (Entered: 11/23/2011) 12/19/2011 7 MOTION to Appoint Lead Counsel, Consolidate Related Actions, and Appoint Lead Plaintiff names:anthony L. DeWitt by Movant Choo Teck Kwang. (DeWitt, Anthony) [Motion withdrawn per Docket Text Order No. 45] (Entered: 12/19/2011) 12/19/2011 8 MEMORANDUM in Support of Motion re 7 MOTION to Appoint Lead Counsel, Consolidate Related Actions, and Appoint Lead Plaintiff names:anthony L. DeWitt filed by Movant Choo Teck Kwang. (Attachments: # 1 Exhibit Declaration of Michael Goldberg, # 2 Text of Proposed Order)(DeWitt, Anthony) (Entered: 12/19/2011) 12/19/2011 9 MOTION to Consolidate Cases Consolidate with higher case number 11cv1888; 11cv1905, MOTION Appointment As Lead Plaintiff, and Approval Of His Selection Of Lead Counsel and Liaison Counsel by Movant Kenneth A. Leight. (Attachments: # 1 Exhibit A. Proposed Order)(Lolli, Don) [Docket text modified. Modified on 1/9/2012 (MRC).]. Added MOTION to Appoint Lead Plaintiff on 3/26/2012 (KLK). (Entered: 12/19/2011) 12/19/2011 10 MEMORANDUM in Support of Motion re 9 MOTION to Consolidate Cases Consolidate with higher case number 11cv1888; 11cv1905, For Lead Plaintiff Pursuant to "PSLRA" and Selection of Lead Counsel filed by Movant Kenneth A. Leight. (Attachments: # 1 Exhibit Declaration of Don R. Lolli, # 2 Exhibit A. Loss
Chart, # 3 Exhibit B Certification of Kenneth A. Light, # 4 Exhibit C. Notice of Filing, # 5 Exhibit D. KTMC Resume, # 6 Exhibit E. Dysart resume)(lolli, Don) (Entered: 12/19/2011) 12/19/2011 11 ENTRY of Appearance by Eric D. Holland for Movant Anderson Family. (Holland, Eric) (Entered: 12/19/2011) 12/19/2011 12 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland, MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv-01905 by Movant Anderson Family. (Attachments: # 1 Text of Proposed Order Proposed Order)(Holland, Eric) (Entered: 12/19/2011) 12/19/2011 13 MEMORANDUM in Support of Motion re 12 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv-01905 filed by Movant Anderson Family. (Holland, Eric) (Entered: 12/19/2011) 12/19/2011 14 DECLARATION filed by Movant Anderson Family re 13 Memorandum in Support of Motion,. (Attachments: # 1 Exhibit Exhibit A-Certifications of the Anderson Family, # 2 Exhibit Exhibit B-Table of Calculated Losses, # 3 Exhibit Exhibit C-Press Release of October 19, 2011, # 4 Exhibit Exhibit D-Firm Resume of Brower Piven, # 5 Exhibit Exhibit E-Firm Resume of HGSS)(Holland, Eric) (Entered: 12/19/2011) 12/27/2011 15 MEMORANDUM in Opposition re 7 MOTION to Appoint Lead Counsel, Consolidate Related Actions, and Appoint Lead Plaintiff names:anthony L. DeWitt, 9 MOTION to Consolidate Cases Consolidate with higher case number 11cv1888; 11cv1905 filed by Movant Anderson Family. (Holland, Eric) (Entered: 12/27/2011) 12/29/2011 16 MEMORANDUM in Opposition re 12 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv-01905 to Motions for Appointmnt as Lead Plaintiff filed by Movant Kenneth A. Leight. (Attachments: # 1 Affidavit In Support of Omnibus Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Lolli, Don) (Entered: 12/29/2011) 01/06/2012 17 REPLY In Further Support Of re 9 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv-01905 Reply in Further Support of His Motion for Appointment as Lead Plaintiff filed by Movant Kenneth A. Leight. (Lolli, Don) [Docket text modified. Modified on 1/9/2012 (MRC).] (Entered: 01/06/2012) 01/09/2012 18 ENTRY of Appearance by Randall S. Crompton for Movant Anderson Family. (Crompton, Randall) (Entered: 01/09/2012) 01/09/2012 19 REPLY to Response to Motion re 12 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv-01905 filed by Movant Anderson Family. (Holland, Eric) (Entered: 01/09/2012) 01/09/2012 20 DECLARATION filed by Movant Anderson Family re 19 Reply to Response to Motion, and in Opposition to the Competing Lead Plaintiff Motions. (Attachments: #.. 1 Exhibit Exhibit A to Piven Declaration, # 2 Exhibit Exhibit B to Piven Declaration, # 3
Exhibit Exhibit C to Piven Declaration, # 4 Exhibit Exhibit D to Piven Declaration)(Holland, Eric) (Entered: 01/09/2012) 01/11/2012 Receipt 4644025972 in the amount of $100.00 for PRO HAC VICE on behalf of NAUMON A. AMJED (CCAM) (Entered: 01/12/2012) 01/11/2012 21 MOTION for Leave to Appear Pro Hac Vice Naumon A. Amjed (Filing fee $100) by Plaintiff Frank Julianello. (Attachments: # 1 Certificate Of Good Standing)(MRC) (Entered: 01/13/2012) 01/17/2012 22 Docket Text ORDER Re: 21 MOTION for Leave to Appear Pro Hac Vice Naumon A. Amjed (Filing fee $100) by Plaintiff Frank Julianello (Attachments: # 1 Certificate Of Good Standing)(MRC) filed by Frank Julianello; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on January 17, 2012. (SAA) (Entered: 01/17/2012) 01/18/2012 ORDER RECEIPT: (see receipt) Docket No: 22 forwarded to those parties not electronically notified. Wed Jan 18 11:04:07 CST 2012 (NCL). (Entered: 01/18/2012) 01/18/2012 23 MOTION for Leave to File a Sur-Reply to New Evidence Raised in Reply Briefing by Lori and JonCarlos Anderson by Movant Kenneth A. Leight. (Attachments: # 1 Exhibit A-Sur-Reply of Kenneth A. Leight to New Evidence Raised in Reply Briefing by Lori and JonCarlos Anderson)(Lolli, Don) (Entered: 01/18/2012) 01/19/2012 24 Docket Text ORDER Re: 23 MOTION for Leave to File a Sur-Reply to New Evidence Raised in Reply Briefing by Lori and JonCarlos Anderson by Movant Kenneth A. Leight (Attachments: # 1 Exhibit A-Sur-Reply of Kenneth A. Leight to New Evidence Raised in Reply Briefing by Lori and JonCarlos Anderson)(Lolli, Don) filed by Kenneth A. Leight; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on January 19, 2012. (SAA) (Entered: 01/19/2012) 01/19/2012 25 SURREPLY to Motion re 12 MOTION to Appoint Lead Counsel Eric D. Holland, David Brower, Charles Piven names:eric D. Holland MOTION to Consolidate Cases Consolidate with higher case number 4:11-cv-01888; 4:11-cv-01905 and to New Evidence Raised in Document 19 Reply Briefing by Lori and JonCarlos Anderson filed by Movant Kenneth A. Leight. (Lolli, Don) (Entered: 01/19/2012) 01/23/2012 26 MOTION for Leave to file a Response to Kenneth Leight's Sur-Reply by Movant Anderson Family. (Attachments: # 1 Exhibit Memorandum in Response to Sur- Reply)(Holland, Eric) (Entered: 01/23/2012) 01/26/2012 27 Docket Text ORDER: Re: 26 MOTION for Leave to file a Response to Kenneth Leight's Sur-Reply by Movant Anderson Family, (Attachments: # 1 Exhibit Memorandum in Response to Sur-Reply)(Holland, Eric), filed by Anderson Family ; ORDERED GRANTED. The Court advises the parties, however, that it does not wish to receive any further responsive memoranda at this time on the issue of the appointment of lead counsel. Signed by Honorable Audrey G. Fleissig on January 26, 2012. (AGF) (Entered: 01/26/2012) 02/03/2012 28 MOTION for Leave to Appear Pro Hac Vice David A.P. Brower (Filing fee $100) by Movant Anderson Family. (KSM) (Entered: 02/06/2012) 02/06/2012 Receipt 4644026442 in the amount of $100.00 for PRO HAC VICE on behalf of DAVID A.P. BROWER (CCAM) (Entered: 02/07/2012)
02/07/2012 29 Docket Text ORDER Re: 28 MOTION for Leave to Appear Pro Hac Vice David A.P. Brower (Filing fee $100) by Movant Anderson Family (KSM) filed by Anderson Family; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on February 7, 2012. (SAA) (Entered: 02/07/2012) 02/16/2012 30 MOTION for Leave to Appear Pro Hac Vice Jason E. Morrow (Filing fee $100 receipt number 0865-3150193) by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (Morrow, Jason) (Entered: 02/16/2012) 02/17/2012 31 Docket Text ORDER Re: 30 MOTION for Leave to Appear Pro Hac Vice Jason E. Morrow (Filing fee $100 receipt number 0865-3150193) by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (Morrow, Jason) filed by Gregory J. Divis, Jr., Scott Goedeke, K-V Pharmaceutical Company; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on February 17, 2012. (SAA) (Entered: 02/17/2012) 03/01/2012 32 ENTRY of Appearance by Roy F. Walters for Plaintiff Frank Julianello. (Walters, Roy) (Entered: 03/01/2012) 03/08/2012 33 ORDER OF CONSOLIDATION - IT IS HEREBY ORDERED that the three unopposed motions (Doc. Nos. 7,9 and 12) to consolidate the three above-captioned cases are GRANTED to the extent that they seek consolidation. The remaining aspects of the motions --requesting appointment as lead Plaintiff and approval of lead counsel -- remain pending. IT IS FURTHER ORDERED that from this day forward all pleadings in the above-captioned cases shall be filed in Consolidated Case No. 4:11CV1816 AGF, which shall bear the caption: In Re K-V Pharmaceutical Company Securities Litigation No. 4:11CV01816 AGF. IT IS FURTHER ORDERED that the Clerk of Court shall file a copy of this Order in each of the three above-captioned cases. granting 9 Motion to Consolidate Cases Signed by Honorable Audrey G. Fleissig on 3/8/2012. (MRC) (Entered: 03/08/2012) 03/12/2012 34 ORDER IT IS HEREBY ORDERED that pursuant to the Order of Consolidation entered in this Case on March 8, 2012, the Clerk of Court shall close Case No. 4:11CV01888 AGF and Case No. 4:11CV01905 AGF as active cases. Signed by Honorable Audrey G. Fleissig on 3/12/2012. (NCL) (Entered: 03/12/2012) 03/12/2012 Receipt 4644027202 in the amount of $100.00 for PRO HAC VICE on behalf of F Joseph Warin (CCAM) (Entered: 03/13/2012) 03/12/2012 38 MOTION for Leave to Appear Pro Hac Vice(with District Of Columbia Court Of Appeals Certificate) F. Joseph Warin (Filing fee $100) by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (MRC) (Entered: 03/13/2012) 03/13/2012 35 NOTICE by Movant Kenneth A. Leight Notice of Withdrawal of Appearance ofdavid Promisloff (Lolli, Don) [Attorney David Prmisloff is attorney of record in Consolidated Case No. 4:11-cv-1905 AGF and will be termed in this Consolidated Case Number. Modified on 3/14/2012 (MRC).] (Entered: 03/13/2012) 03/13/2012 36 NOTICE Withdrawal of Appearance of David Promisloff (Amended): by Movant Kenneth A. Leight (Lolli, Don) [Attorney David Promisloff is attorney of record in Consolidated Case No. 4:11-cv-1905 AGF and will termed in this Consolidated Case Number. Modified on 3/14/2012 (MRC).] (Entered: 03/13/2012)
03/13/2012 37 MOTION to Withdraw as Attorney by R. Keith Johnston ;attorney/firm R. Keith Johnston by Plaintiff Frank Julianello. (Johnston, R.) (Entered: 03/13/2012) 03/14/2012 39 Docket Text ORDER Re: 38 MOTION for Leave to Appear Pro Hac Vice(with District Of Columbia Court Of Appeals Certificate) F. Joseph Warin (Filing fee $100) by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company (MRC) filed by Gregory J. Divis, Jr., Scott Goedeke, K-V Pharmaceutical Company; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on March 14, 2012. (SAA) (Entered: 03/14/2012) 03/14/2012 40 ORDER SETTING EVIDENTIARY HEARING IT IS HEREBY ORDERED that an evidentiary hearing is set in this case on the pending motions to be appointed lead plaintiff (Doc. Nos. 7, 9, and 12) on Wednesday, March 28, 2012, at 9:30 a.m. Evidentiary Hearing set for 3/28/2012 09:30 AM before Honorable Audrey G. Fleissig. Signed by Honorable Audrey G. Fleissig on 3/14/2012. (NCL) (Entered: 03/14/2012) 03/21/2012 41 MOTION to Continue Evidentiary Hearing on March 28, 2012 by Movant Anderson Family. (Attachments: # 1 Exhibit Email with consent)(holland, Eric) (Entered: 03/21/2012) 03/22/2012 42 RESPONSE in Opposition re 41 MOTION to Continue Evidentiary Hearing on March 28, 2012 filed by Movant Kenneth A. Leight. (Lolli, Don) (Entered: 03/22/2012) 03/22/2012 43 MOTION to Withdraw 7 MOTION to Appoint Lead Counsel, Consolidate Related Actions, and Appoint Lead Plaintiff names:anthony L. DeWitt by Movant Choo Teck Kwang. (DeWitt, Anthony) (Entered: 03/22/2012) 03/22/2012 44 Docket Text ORDER: IT IS HEREBY ORDERED that the Court shall hold a telephone conference call on Friday, March 23, 2012 at 3:00 p.m. The Court will forward the callin information to all required parties by separate e-mail. Signed by Honorable Audrey G. Fleissig on March 22, 2012. (SAA) (Entered: 03/22/2012) 03/23/2012 45 Docket Text ORDER Re: 43 MOTION to Withdraw 7 MOTION to Appoint Lead Counsel, Consolidate Related Actions, and Appoint Lead Plaintiff names:anthony L. DeWitt by Movant Choo Teck Kwang. (DeWitt, Anthony) filed by Choo Teck Kwang; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on March 23, 2012. (SAA) (Entered: 03/23/2012) 03/23/2012 46 ORDER Following a conference call with all pertinent counsel, IT IS HEREBY ORDERED that the Motion to Continue the Evidentiary Hearing filed by Movant Anderson Family [Doc. No. 41] is GRANTED. The Evidentiary Hearing is continued to Wednesday, April 11, 2012 at 10:00 a.m. (Evidentiary Hearing set for 4/11/2012 10:00 AM before Honorable Audrey G. Fleissig.) Signed by Honorable Audrey G. Fleissig on 3/23/2012. (NCL) (Entered: 03/23/2012) 03/27/2012 47 Docket Text ORDER Re: 37 MOTION to Withdraw as Attorney by R. Keith Johnston ;attorney/firm R. Keith Johnston by Plaintiff Frank Julianello. (Johnston, R.) filed by Frank Julianello; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on March 27, 2012. (SAA) (Entered: 03/27/2012) 03/28/2012 48 MOTION to Dismiss Case Without Prejudice to All Parties and Their Respective Attorneys of Record by Plaintiff Ramakrishna Mukku. Associated Cases: 4:11-cv- 01816-AGF, 4:11-cv-01888-AGF(DeWitt, Anthony) (Entered: 03/28/2012)
03/29/2012 49 Docket Text ORDER Re: 48 MOTION to Dismiss Case Without Prejudice to All Parties and Their Respective Attorneys of Record by Plaintiff Ramakrishna Mukku. Associated Cases: 4:11-cv-01816-AGF, 4:11-cv-01888-AGF(DeWitt, Anthony) filed by Ramakrishna Mukku; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on March 29, 2012. (SAA) (Entered: 03/29/2012) 04/11/2012 50 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Evidentiary Hearing held on 4/11/2012. The parties present argument on appointment of lead plaintiff in the case. After hearing argument and testimony the Court will take the matter under submission. (Court Reporter:Patti Dunn Wecke.) (FTR Gold: No.) (KSM) (Entered: 04/12/2012) 04/11/2012 04/12/2012 04/12/2012 51 CLERKS WITNESS LIST as to Evidentiary Hearing. (KSM) (Entered: 04/12/2012) 52 ENTRY of Appearance by Naumon A. Amjed for Consolidated Filer Plaintiff Kenneth A. Leight. (Amjed, Naumon) (Entered: 04/12/2012) 53 NOTICE Supplemental Authority: by Consolidated Filer Plaintiff Anderson Family (Attachments: # 1 Exhibit)(Holland, Eric) (Entered: 04/12/2012) 04/13/2012 54 MEMORANDUM re 53 Notice (Other) Kenneth Leight's Response to the Anderson Family's Notice of Supplemental Authority by Consolidated Filer Plaintiff Kenneth A. Leight. (Amjed, Naumon) (Entered: 04/13/2012) 05/03/2012 55 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Kenneth A. Leight's motion to be appointed Lead Plaintiff is DENIED. (Doc. No. 9.) IT IS FURTHER ORDERED that Anderson Family's Motion to be appointed Lead Plaintiff, and approval of his selection of Lead Counsel is GRANTED. (Doc. No. 12.) Signed by Honorable Audrey G. Fleissig on 5/3/2012. (NCL) (Entered: 05/03/2012) 05/09/2012 05/14/2012 05/14/2012 56 ORDER: IT IS HEREBY ORDERED that: 1) Joint Scheduling Plan: The parties shall submit to the Court a Joint Scheduling Plan setting forth a pleading and briefing schedule that accords with the requirements of the PSLRA no later than May 18, 2012. 2) Rule 16 Conference: The parties shall include in the Joint Scheduling Plan a timetable for holding a Scheduling Conference pursuant to Fed. R. Civ. P. 16. Joint Scheduling Plan due by 5/18/2012. Signed by Honorable Audrey G. Fleissig on 5/9/2012. (KSM) (Entered: 05/09/2012) Receipt 4644028404 in the amount of $100.00 for PRO HAC VICE on behalf of KIM E. MILLER (CCAM) (Entered: 05/15/2012) Receipt 4644028405 in the amount of $100.00 for PRO HAC VICE on behalf of J. RYAN LOPATKA (CCAM) (Entered: 05/15/2012) 05/14/2012 60 MOTION for Leave to Appear Pro Hac Vice Kim E. Miller (Filing fee $100) by Consolidated Filer Plaintiff Anderson Family. (Attachments: # 1 Certificate of Good Standing)(NCL) (Entered: 05/18/2012) 05/14/2012 61 MOTION for Leave to Appear Pro Hac Vice J. Ryan Lopatka (Filing fee $100) by Consolidated Filer Plaintiff Anderson Family. (Attachments: # 1 Certificate of Good Standing, # 2 Correspondence)(NCL) (Entered: 05/18/2012) 05/16/2012 57 STIPULATION Regarding Schedule and Order by Consolidated Filer Plaintiff Anderson Family. (Holland, Eric) (Entered: 05/16/2012)
05/16/2012 58 Docket Text ORDER: The schedule proposed by the parties in their Stipulation Regarding Schedule [Doc. No. 57] filed by the parties, is SO ORDERED and adopted by the Court. Signed by Honorable Audrey G. Fleissig on May 16, 2012. (SAA) (Entered: 05/16/2012) 05/16/2012 59 TRANSCRIPT ORDER REQUEST by Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company for proceedings of Evidentiary Hearing for proceedings held on 4/11/2012 before Judge Fleissig.. (Berry, Robert) (Entered: 05/16/2012) 05/21/2012 62 Docket Text ORDER Re: 60 MOTION for Leave to Appear Pro Hac Vice Kim E. Miller (Filing fee $100) by Consolidated Filer Plaintiff Anderson Family (Attachments: # 1 Certificate of Good Standing)(NCL) filed by Anderson Family; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on May 21, 2012. (SAA) (Entered: 05/21/2012) 05/21/2012 63 Docket Text ORDER Re: 61 MOTION for Leave to Appear Pro Hac Vice J. Ryan Lopatka (Filing fee $100) by Consolidated Filer Plaintiff Anderson Family. (Attachments: # 1 Certificate of Good Standing, # 2 Correspondence)(NCL) filed by Anderson Family; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on May 21, 2012. (SAA) (Entered: 05/21/2012) 06/04/2012 ***REMARK - Copy of Transcript Order [Doc. 59] emailed to court reporter Patti Dunn Wecke. (MRC) (Entered: 06/04/2012) 06/04/2012 64 TRANSCRIPT proceedings of Evidentiary Hearing held on 4/11/2012 before Judge Audrey G. Fleissig. Court Reporter/Transcriber Patti Dunn Wecke, Telephone number 314-244-7984. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/25/2012. Redacted Transcript Deadline set for 7/5/2012. Release of Transcript Restriction set for 9/4/2012. (KSM) (Entered: 06/04/2012) 07/06/2012 65 Consent MOTION for Extension of: Time To File Amended Complaint and Related Subsequent Documents by Consolidated Filer Plaintiff Anderson Family. (Attachments: # 1 Text of Proposed Order)(Holland, Eric) (Entered: 07/06/2012) 07/09/2012 66 Docket Text ORDER Re: 65 Consent MOTION for Extension of: Time To File Amended Complaint and Related Subsequent Documents by Consolidated Filer Plaintiff Anderson Family (Attachments: # 1 Text of Proposed Order)(Holland, Eric) filed by Anderson Family; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on July 9, 2012. (SAA) (Entered: 07/09/2012) 07/24/2012 67 AMENDED COMPLAINT (Consolidated) against defendant All Defendants (Consolidated), filed by Anderson Family. (Attachments: # 1 Exhibit Anderson Certification)(Holland, Eric) (Entered: 07/24/2012) 07/25/2012 68 ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall amend the electronic docket sheet to add Lori Anderson as Lead Plaintiff, represented by counsel for The Anderson Famly, as Lead Counsel. Signed by District Judge Audrey G. Fleissig on 7/25/2012. (KSM) (Entered: 07/25/2012) 08/08/2012 69 NOTICE OF FILING BANKRUPTCY filed by Defendant K-V Pharmaceutical Company (Berry, Robert) (Entered: 08/08/2012)
08/15/2012 70 ORDER IT IS HEREBY ORDERED that this case is STAYED during the pendency ofdefendants bankruptcy proceedings. IT IS FURTHER ORDERED that Lead Plaintiff shall, no later than February, 2012, and every six months thereafter, file a status report on the bankruptcy proceedings and make an appropriate motion as to the extension, modification, or lifting of the stay. Within seven days of the termination of Defendants bankruptcy proceedings, Lead Plaintiff shall file with this Court a notice of such termination. IT IS FURTHER ORDERED that this case shall be closed administratively for statistical purposes only, subject to reopening upon the lifting of the stay herein imposed or other appropriate Order. Terminate Case Signed by District Judge Audrey G. Fleissig on 8/15/12. (JWJ) Modified docket text on 8/16/2012 (NCL). (Entered: 08/15/2012) 11/02/2012 71 MOTION to Lift Stay by Plaintiff Lori Anderson. (Attachments: # 1 Text of Proposed Order)(Holland, Eric) (Entered: 11/02/2012) 11/02/2012 72 MEMORANDUM in Support of Motion re 71 MOTION to Lift Stay filed by Plaintiff Lori Anderson. (Holland, Eric) (Entered: 11/02/2012) 11/13/2012 73 MOTION for Extension of: Time to Respond to Lead Plaintiff's Motion to Lift the Bankruptcy Stay as to Individual Defendants by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (Berry, Robert) (Entered: 11/13/2012) 11/14/2012 74 Docket Text ORDER Re: 73 Motion for Extension of Time to Respond to Lead Plaintiff's Motion to Lift the Bankruptcy Stay as to Individual Defendants by Defendants Gregory J. Divis, Jr, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on November 14, 2012. (SAA) (Entered: 11/14/2012) 12/03/2012 75 MOTION for Extension of: TIME TO RESPOND TO LEAD PLAINTIFFS MOTION TO LIFT THE BANKRUPTCY STAY AS TO INDIVIDUAL DEFENDANTS by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (Berry, Robert) (Entered: 12/03/2012) 12/04/2012 76 Docket Text ORDER Re: 75 Motion for Extension of TIME TO RESPOND TO LEAD PLAINTIFFS MOTION TO LIFT THE BANKRUPTCY STAY AS TO INDIVIDUAL DEFENDANTS by Defendants Gregory J. Divis, Jr, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on December 4, 2012. (SAA) (Entered: 12/04/2012) 12/10/2012 77 MOTION for Extension of: TIME TO RESPOND TO LEAD PLAINTIFFS MOTION TO LIFT THE BANKRUPTCY STAY AS TO INDIVIDUAL DEFENDANTS by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (Berry, Robert) (Entered: 12/10/2012) 12/11/2012 78 Docket Text ORDER Re 77 Consent Motion for Extension of Time to Respond to Lead Plaintiffs Motion to Lift the Bankruptcy Stay as to Individual Defendants by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on December 11, 2012. (SAA) (Entered: 12/11/2012) 12/20/2012 79 MEMORANDUM in Opposition re 71 MOTION to Lift Stay filed by Defendants Gregory J. Divis, Jr, Scott Goedeke, K-V Pharmaceutical Company. (Berry, Robert) (Entered: 12/20/2012)
01/03/2013 80 Consent MOTION for Extension of Time to File Response/Reply to Defendants Response to Lead Plaintiffs Motion to Lift Stay by Plaintiff Lori Anderson. (Attachments: # 1 Text of Proposed Order Text of Proposed Order)(Crompton, Randall) (Entered: 01/03/2013) 01/04/2013 81 Docket Text ORDER: Re: 80 Consent MOTION for Extension of Time to File Response/Reply to Defendants Response to Lead Plaintiffs Motion to Lift Stay by Plaintiff Lori Anderson. (Attachments: # 1 Text of Proposed Order Text of Proposed Order)(Crompton, Randall) filed by Lori Anderson ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 1/4/2013. (NCL) (Entered: 01/04/2013) 01/16/2013 82 NOTICE of Change of Address filed by David A.P. Brower (Brower, David) (Entered: 01/16/2013) 01/31/2013 83 REPLY to Response to Motion re 71 MOTION to Lift Stay In Further Support of filed by Plaintiff Lori Anderson. (Holland, Eric) (Entered: 01/31/2013) 02/12/2013 84 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Lead Plaintiffs motion to lift the stay entered on Defendants as it applies to the non-bankrupt individual Defendants is GRANTED. IT IS FURTHER ORDERED that on or before February 22, 2013, the shall submit a Joint Scheduling Plan setting forth a pleading and briefing schedule that accords with the requirements of the Private Securities Litigation Reform Act of 1995 (PSLRA). The parties shall include in the Joint Scheduling Plan a timetable for holding a Scheduling Conference pursuant to Federal Rule of Civil Procedure 16. re: 71 MOTION to Lift Stay filed by Plaintiff Lori Anderson ( Joint Scheduling Plan due by 2/22/2013.) Signed by District Judge Audrey G. Fleissig on 2/12/13. (JWJ) (Entered: 02/12/2013) 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