US District Court Civil Docket as of 6/6/2008 Retrieved from the court Tuesday, August 05, 2008 U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:07-cv-22601-PCH Abrams v. Micrus Endovascular Corporation et al Date Filed: Oct. 02, 2007 Status: Closed Nature of suit: 850 Securities/Commodities Assigned to: Judge Paul C. Huck Cause: 15:0078 Securities Exchange Act Date terminated: Jun. 06, 2008 Jurisdiction: Federal Question Jury demand: Plaintiff Parties and Attorneys Plaintiff Spencer Abrams Individually and on behafl of all others similarly situated David A. Rosenfeld 58 S Service Road Suite 200 Melville, NY 11747 (631) 367-7100 Fax: 367-1173 drosenfeld@csgrr.com Jack Reise 120 East Palmetto Park Road Fax: 750-3364 jreise@csgrr.com
Paul Jeffrey Geller 120 E Palmetto Park Road Fax: (561) 750-3364 pgeller@csgrr.com Robert Jeffrey Robbins 120 E Palmetto Park Road Fax: 750-3364 rrobbins@csgrr.com Samuel H. Rudman Lerach Coughlin Stoia Geller Rudman & 58 S Service Road Suite 200 Melville, NY 11747 (631) 367-7100 srudman@lerachlaw.com Stephen Richard Astley 120 East Palmetto Park Road Fax: 750-3364 sastley@csgrr.com Defendant Micrus Endovascular Corporation George L. Guerra 501 E. Kennedy Boulevard Suite 1700 Tampa, FL 33602
(813) 222-3091 Fax: (813) 229-8313 george.guerra@fowlerwhite.com Fowler White Boggs Banker PA M. Todd Scott Orrick Herrington & Sutcliffe LLP 405 Howard Street The Orrick Building San Francisco, CA 94105-2625 (415) 773-5992 tscott@orrick.com James N. Kramer Orrick Herrington & Sutcliffe LLP 405 Howard Street The Orrick Building San Francisco, CA 94105-2625 (415) 773-5992 Fax: (415) 773-5759 jkramer@orrick.com Defendant John Kilcoyne George L. Guerra James N. Kramer M. Todd Scott Defendant Robert Stern George L. Guerra James N. Kramer
M. Todd Scott Docket ProceedingsReverse Proceedings Req # Filed # Docket Text 1 Oct. 02, 2007 1 COMPLAINT against all defendants Filing fee $ 350. Receipt#: 541150, filed by Spencer Abrams.(dj) Modified on 10/3/2007 (dj). (Entered: 10/03/2007) 2 Oct. 02, 2007 2 Summons Issued as to Micrus Endovascular Corporation, John Kilcoyne, Robert Stern. (dj) (Entered: 10/03/2007) 3 Dec. 03, 2007 3 MOTION for Appointment as Lead Plaintiffs and for Approval of Selection of Lead Counsel by Terrill Weiss, Spencer Abrams. (Attachments: # 1 Text of Proposed Order)(Robbins, Robert) (Entered: 12/03/2007) 4 Dec. 03, 2007 4 MEMORANDUM OF LAW IN SUPPORT re: 3 Motion of Abrams and Weiss for Appointment as Lead Plaintiffs and for Approval of Selection of Lead Counsel by Terrill Weiss, Spencer Abrams. (Robbins, Robert) **Modified to add relationship/linkage to Motion on 12/4/2007 (gp)**. (Entered: 12/03/2007) 5 Dec. 03, 2007 5 AFFIDAVIT signed by : Robert J. Robbins. In Support of the Motion for Abrams and Weiss for Appointment as Lead Plaintiffs and for Approval of Selection of Lead Counsel by Terrill Weiss, Spencer Abrams. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit)(Robbins, Robert) (Entered: 12/03/2007) 6 Dec. 03, 2007 6 MOTION to Appoint Counsel and Lead Plaintiff by Oppenheim Asset Management Services. Responses due by 12/17/2007 (Saxena, Maya) (Entered: 12/03/2007) 7 Dec. 03, 2007 7 MEMORANDUM in Support re 6 MOTION to Appoint Counsel and Lead Plaintiff filed by Oppenheim Asset Management Services. (Saxena, Maya) (Entered: 12/03/2007) 8 Dec. 03, 2007 8 AFFIDAVIT signed by : Maya Saxena. re 6 MOTION to Appoint Counsel and Lead Plaintiff by Oppenheim Asset Management Services. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F-1# 7 Exhibit F-2# 8 Exhibit F-3# 9 Exhibit F-4# 10 Exhibit G# 11 Exhibit H# 12 Exhibit I)(Saxena, Maya) (Entered: 12/03/2007) 9 Dec. 04, 2007 9 NOTICE of Docket Correction and Instruction to Filer: re 4 Memorandum of Law, filed by Spencer Abrams, Terrill Weiss. ERROR: Wrong Event Selected; Instruction to Filer: In the future please select the proper Event: "Memorandum in Support" found under Responses and Replies.- Corrected by Adding relationship/linkage to Motion. (gp) (Entered: 12/04/2007) 10 Dec. 20, 2007 10 RESPONSE in Support re 6 MOTION to Appoint Counsel and Lead Plaintiff filed by Oppenheim Asset Management Services. (Attachments: # 1 Exhibit A)(Saxena, Maya) (Entered: 12/20/2007) 11 Dec. 20, 2007 11 RESPONSE in Support re 3 MOTION for Appointment as Lead Plaintiffs and for Approval of Selection of Lead Counsel filed by Terrill Weiss,
Req # Filed # Docket Text Spencer Abrams. (Attachments: # 1 Exhibit A# 2 Exhibit B)(George, David) (Entered: 12/20/2007) 12 Dec. 21, 2007 12 RESPONSE in Support re 3 MOTION for Appointment as Lead Plaintiffs and for Approval of Selection of Lead Counsel (THIS IS A CORRECTED VERSION REPLACING D.E. 11) filed by Terrill Weiss, Spencer Abrams. (Attachments: # 1 Exhibit A# 2 Exhibit B)(George, David) (Entered: 12/21/2007) 13 Dec. 31, 2007 13 REPLY to Response to Motion re 6 MOTION to Appoint Counsel and Lead Plaintiff filed by Oppenheim Asset Management Services. (Attachments: # 1 Exhibit A)(Saxena, Maya) (Entered: 12/31/2007) 14 Jan. 02, 2008 14 NOTICE of Hearing: Telephonic Hearing set for 1/9/2008 01:00 PM before Judge Paul C. Huck. (lc1) (Entered: 01/02/2008) 15 Jan. 02, 2008 15 REPLY to Response to Motion re 3 MOTION for Appointment as Lead Plaintiffs and for Approval of Selection of Lead Counsel filed by Terrill Weiss, Spencer Abrams. (Attachments: # 1 Exhibit A# 2 Exhibit B)(George, David) (Entered: 01/02/2008) 16 Jan. 02, 2008 16 CERTIFICATE OF SERVICE by Terrill Weiss, Spencer Abrams re 15 Reply to Response to Motion (George, David) (Entered: 01/02/2008) 17 Jan. 03, 2008 17 NOTICE of Instruction to Filer: re 16 Certificate of Service filed by Spencer Abrams, Terrill Weiss. ERROR: Document Not Captioned; Instruction to Filer: For FUTURE reference Please See Local Rule 5.1.A.5 Re: Document Heading and Case Style. It is not necessary to refile this document. (gp) (Entered: 01/03/2008) 18 Jan. 08, 2008 18 STIPULATION AND [PROPOSED] ORDER by Terrill Weiss, Spencer Abrams. (Reise, Jack) (Entered: 01/08/2008) 19 Jan. 08, 2008 19 NOTICE of Attorney Appearance by George L. Guerra on behalf of all defendants (Guerra, George) (Entered: 01/08/2008) 20 Jan. 09, 2008 20 NOTICE of Hearing: Oral Argument set for 1/11/2008 11:00 AM before Judge Paul C. Huck. (lc1) (Entered: 01/09/2008) 21 Jan. 09, 2008 23 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Filings for James N. Kramer, Filing Fee $75, Receipt #972956. (cw) (Entered: 01/14/2008) 22 Jan. 09, 2008 24 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Filings for M. Todd Scott, Filing Fee $75, Receipt #972955. (cw) (Entered: 01/14/2008) 23 Jan. 10, 2008 21 NOTICE of Attorney Appearance by Stephen Richard Astley on behalf of Terrill Weiss, Spencer Abrams (Astley, Stephen) (Entered: 01/10/2008) 24 Jan. 11, 2008 22 Minute Entry for proceedings held before Judge Paul C. Huck : Miscellaneous Hearing held on 1/11/2008. Court Reporter: Patricia Sanders - phone number 305-523-5528 (ew) (Entered: 01/14/2008) 25 Jan. 15, 2008 25 STIPULATION AND ORDER ;Signed by Judge Paul C. Huck on 01/09/2008.(bs) (Entered: 01/15/2008) 26 Jan. 16, 2008 26 STIPULATION AND [PROPOSED] ORDER REGARDING THE MOTIONS FOR APPOINTMENT OF LEAD PLAINTIFFS AND LEAD COUNSEL by Terrill Weiss, Oppenheim Asset Management Services, Spencer Abrams. (Reise, Jack) (Entered: 01/16/2008) 27 Jan. 17, 2008 27 ORDER granting 23 Motion for Limited Appearance of James N. Kramer, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. ORDER granting 24 Motion for Limited Appearance
Req # Filed # Docket Text of M. Todd Scott, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. This is a paperless order signed by Judge Paul C. Huck on 1/17/2008. (lc1) (Entered: 01/17/2008) 28 Jan. 17, 2008 29 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for James M. Hughes, Filing Fee $75, Receipt #542054. (cw) (Entered: 01/22/2008) 29 Jan. 22, 2008 28 STIPULATION AND ORDER regarding the motions for appointment of lead plaintiffs and lead counsel; re 26 Stipulation; Signed by Judge Paul C. Huck on 01/17/2008.(bs) (Entered: 01/22/2008) 30 Jan. 22, 2008 30 STIPULATION AND [PROPOSED] ORDER by Micrus Endovascular Corporation, John Kilcoyne, Robert Stern. (Guerra, George) (Entered: 01/22/2008) 31 Jan. 23, 2008 31 ORDER granting 29 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. This is a paperless order signed by Judge Paul C. Huck on 01/23/08. (lc1) (Entered: 01/23/2008) 32 Jan. 30, 2008 32 ORDER as amended regarding 30 Stipulation; Signed by Judge Paul C. Huck on 01/23/2008.(bs) (Entered: 01/30/2008) 33 Feb. 06, 2008 33 AMENDED COMPLAINT CONSOLIDATED CLASS ACTION COMPLAINT, filed by Spencer Abrams.(Reise, Jack) (Entered: 02/06/2008) 34 Feb. 26, 2008 34 Defendant's MOTION to Dismiss 33 Amended Complaint and Memorandum of Law in Support Thereof by Micrus Endovascular Corporation, John Kilcoyne, Robert Stern. Responses due by 3/11/2008 (Attachments: # 1 Text of Proposed Order Proposed Order)(Guerra, George) (Entered: 02/26/2008) 35 Feb. 26, 2008 35 NOTICE by Micrus Endovascular Corporation, John Kilcoyne, Robert Stern re 34 Defendant's MOTION to Dismiss 33 Amended Complaint and Memorandum of Law in Support Thereof Request for Judicial Notice in Support of Defendants' Motion to Dismiss Plaintiff's Consolidated Class Action Complaint (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Guerra, George) (Entered: 02/26/2008) 36 Feb. 26, 2008 36 MOTION for Hearing re 34 Defendant's MOTION to Dismiss 33 Amended Complaint and Memorandum of Law in Support Thereof Request for Oral Argument by Micrus Endovascular Corporation, John Kilcoyne, Robert Stern. (Attachments: # 1 Text of Proposed Order Proposed Order)(Guerra, George) (Entered: 02/26/2008) 37 Feb. 27, 2008 37 ORDER denying, without prejudice, 36 Motion Requesting Oral Argument. Signed by Judge Paul C. Huck on 02/27/08.(lc1) (Entered: 02/27/2008) 38 Mar. 27, 2008 38 RESPONSE in Opposition re 34 Defendant's MOTION to Dismiss 33 Amended Complaint and Memorandum of Law in Support Thereof filed by Terrill Weiss, Oppenheim Asset Management Services, Spencer Abrams. (Reise, Jack) (Entered: 03/27/2008) 39 Apr. 04, 2008 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order 2008-09 to Magistrate Judge O'Sullivan Judge Andrea M. Simonton no longer assigned to the case. (vp) (Entered: 04/04/2008)
Req # Filed # Docket Text 40 Apr. 09, 2008 39 RESPONSE in Support re 34 Defendant's MOTION to Dismiss 33 Amended Complaint and Memorandum of Law in Support Thereof filed by Micrus Endovascular Corporation, John Kilcoyne, Robert Stern. (Guerra, George) (Entered: 04/09/2008) 41 Apr. 15, 2008 40 Second MOTION for Hearing re 38 Response in Opposition to Motion, 34 Defendant's MOTION to Dismiss 33 Amended Complaint and Memorandum of Law in Support Thereof, 39 Response in Support of Motion by Micrus Endovascular Corporation, John Kilcoyne, Robert Stern. (Guerra, George) (Entered: 04/15/2008) 42 Apr. 16, 2008 41 NOTICE of Striking 40 Second MOTION for Hearing re 38 Response in Opposition to Motion, 34 Defendant's MOTION to Dismiss 33 Amended Complaint and Memorandum of Law in Support Thereof, 39 Response in Support of Motion filed by Robert Stern,, Micrus Endovascular Corporation,, John Kilcoyne, by Micrus Endovascular Corporation, John Kilcoyne, Robert Stern (Guerra, George) (Entered: 04/16/2008) 43 Apr. 16, 2008 42 Second MOTION for Hearing re 38 Response in Opposition to Motion, 34 Defendant's MOTION to Dismiss 33 Amended Complaint and Memorandum of Law in Support Thereof, 39 Response in Support of Motion by Micrus Endovascular Corporation, John Kilcoyne, Robert Stern. (Guerra, George) (Entered: 04/16/2008) 44 May 20, 2008 43 ORDER granting 34 Motion to Dismiss. Signed by Judge Paul C. Huck on 05/19/08. (lc1) (Entered: 05/20/2008) 45 May 28, 2008 44 ORDER denying as moot 42 Motion for Oral Argument. Signed by Judge Paul C. Huck on 05/23/08. (lc1) (Entered: 05/28/2008) 46 Jun. 06, 2008 45 ORDER OF DISMISSAL. All pending Motions are Denied as Moot. Case Closed.. Signed by Judge Paul C. Huck on 6/4/08. (ail) (Entered: 06/06/2008) 47 Jun. 06, 2008 46 ORDER OF FINAL JUDGMENT.. Signed by Judge Paul C. Huck on 6/4/08. (ail) (Entered: 06/06/2008)