US District Court Civil Docket as of February 15, 2013 Retrieved from the court on February 25, 2013 United States District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:12-cv-00884-JPS Lifson et al v. Assisted Living Concepts Inc et al Assigned to: Judge J P Stadtmueller Cause: 15:78m(a) Securities Exchange Act Plaintiff Robert E Lifson Individually and On Behalf of All Others Similarly Situated Date Filed: 08/29/2012 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Ethan D Wohl Wohl & Fruchter LLP 570 Lexington Ave - 16th Fl New York, NY 10022 212-758-400 Fax: 212-758-4004 J Elazar Fruchter Wohl & Fruchter LLP 570 Lexington Ave - 16th Fl New York, NY 10022 212-758-4000 Fax: 212-758-4004 Krista T Rosen Wohl & Fruchter LLP 570 Lexington Ave - 16th Fl New York, NY 10022 212-758-4000 Fax: 212-758-4004 K Scott Wagner Hale & Wagner SC 839 N Jefferson St - Ste 400 Milwaukee, WI 53202 414-278-7000 Fax: 414-278-7590
Email: ksw@halewagner.com Plaintiff Pension Trust Fund for Operating Engineers represented by Avi Josefson 875 N Michigan Ave - Ste 3100 Chicago, IL 60611 312-373-3880 Fax: 312-794-7801 Blair A Nicholas LLP 12481 High Bluff Dr - Ste 300 San Diego, CA 92130 858-793-0070 Fax: 858-793-0323 Email: blairn@blbglaw.com Gerald H Silk 1285 Ave of the Americas - 38th Fl New York, NY 10019 212-554-1400 Fax: 212-554-1444 Ross Shikowitz 1285 Ave of the Americas - 38th Fl New York, NY 10019 212-554-1400 Fax: 212-554-1444 Benjamin Galdston LLP 12481 High Bluff Dr - Ste 300 San Diego, CA 92130 858-720-3188 Fax: 858-793-0323 Email: beng@blbglaw.com
Joseph W Goodman LLP 12481 High Bluff Dr - Ste 300 San Diego, CA 92130 858-793-0070 Fax: 858-793-0323 Email: joseph.goodman@blbglaw.com Matthew W O'Neill Fox O'Neill & Shannon SC 622 N Water St - Ste 500 Milwaukee, WI 53202 414-273-3939 Fax: 414-273-3947 Email: mwoneill@foslaw.com V. Defendant Assisted Living Concepts Inc represented by Brian E Butler Stafford Rosenbaum LLP 222 W Washington Ave - Ste 900 PO Box 1784 Madison, WI 53701-1784 608-256-0226 Fax: 608-259-2601 Email: bbutler@staffordlaw.com Thomas A Arena Milbank Tweed Hadley & McCloy 1 Chase Manhattan Plaza - 47th Fl New York, NY 10005 212-530-5000 Fax: 212-822-5828 Jordan C A Corning Stafford Rosenbaum LLP 222 W Washington Ave - Ste 900 PO Box 1784 Madison, WI 53701-1784 608-256-0226
Fax: 608-259-2600 Email: jcorning@staffordlaw.com Michael L Hirschfeld Milbank Tweed Hadley & McCloy 1 Chase Manhattan Plaza - 47th Fl New York, NY 10005 212-530-5000 Fax: 212-822-5832 Email: mhirschfeld@milbank.com Defendant Laurie A Bebo represented by Thomas M Hruz Meissner Tierney Fisher & Nichols SC 111 E Kilbourn Ave - 19th Fl Milwaukee, WI 53202-6622 414-273-1300 Fax: 414-273-5840 Email: tmh@mtfn.com Michael J Cohen Meissner Tierney Fisher & Nichols SC 111 E Kilbourn Ave - 19th Fl Milwaukee, WI 53202-6622 414-273-1300 Fax: 414-273-5840 Email: mjc@mtfn.com Date Filed # Docket Text 08/29/2012 1 COMPLAINT For Violation Of The Federal Securities Laws with Jury Demand; against Assisted Living Concepts, Inc., Laurie A Bebo by Robert E Lifson. ( Filing Fee PAID $350 receipt number 0757-1542901) (Attachments: # 1 Exhibit Certification of Robert E. Lifson, # 2 Summons, # 3 Civil Cover Sheet)(Wagner, K) 08/29/2012 NOTICE Regarding assignment of this matter to Magistrate Judge Aaron E Goodstein ;Consent/refusal forms for Magistrate Judge Goodstein to be filed within 21 days;the consent/refusal form is available on our web site ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl) 08/30/2012 Case Opening Modification(s); The following modification(s) have been made to your case entry: The attached summons was not prepared using the version found on our website - please follow the instructions and resubmit the summons using the event Request for Issuance of Summons which is found under the heading other documents;
Please refer to the summons instructions (vkb) 08/30/2012 2 REQUEST for Issuance of Summons by Robert E Lifson (Wagner, K) 08/30/2012 3 DISCLOSURE Statement by Robert E Lifson. (Wagner, K) 08/31/2012 Summons Issued as to Defendants (vkb) 09/13/2012 4 Refusal to Jurisdiction by US Magistrate Judge by Robert E Lifson. (Wagner, K) 09/13/2012 Due to the non-consent of the parties this case has been randomly reassigned to Judge J P Stadtmueller. Magistrate Judge Aaron E Goodstein no longer assigned to the case. (vkb) 10/29/2012 5 MOTION to Appoint Lead Plaintiff and Approval of Selection of Lead Counsel by Robert E Lifson. (Attachments: # 1 Text of Proposed Order)(Wagner, K) 10/29/2012 6 BRIEF in Support filed by Robert E Lifson re 5 MOTION to Appoint Lead Plaintiff and Approval of Selection of Lead Counsel. (Wagner, K) 10/29/2012 7 DECLARATION of J. Elazar Fruchter in Support of Motion of Steve Pasek for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wagner, K) 10/29/2012 8 NOTICE of Appearance by Matthew W O'Neill on behalf of Pension Trust Fund for Operating Engineers. Attorney(s) appearing: Matthew W. O'Neill (O'Neill, Matthew) 10/29/2012 9 DISCLOSURE Statement by Pension Trust Fund for Operating Engineers. (O'Neill, Matthew) 10/29/2012 10 MOTION to Appoint Pension Trust Fund of Operating Engineers as Lead Plaintiff, and Approval of Its Selection of Lead Counsel by Pension Trust Fund for Operating Engineers. (O'Neill, Matthew) 10/29/2012 11 BRIEF in Support filed by Pension Trust Fund for Operating Engineers re 10 MOTION to Appoint Pension Trust Fund of Operating Engineers as Lead Plaintiff, and Approval of Its Selection of Lead Counsel. (O'Neill, Matthew) 10/29/2012 12 DECLARATION of Matthew W. O'Neill in Support of the Motion of the Pension Trust Fund for Operating Engineers for Appointment as Lead Counsel, and Approval of Its Selection of Lead Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(O'Neill, Matthew) 10/29/2012 13 PROPOSED Order Appointing the Pension Trust Fund for Operating Engineers as Lead Plaintiff, and Approving Its Selection of Lead Counsel filed by Pension Trust Fund for Operating Engineers. (O'Neill, Matthew) 10/29/2012 14 CERTIFICATE OF SERVICE by Pension Trust Fund for Operating Engineers (O'Neill, Matthew) 11/12/2012 15 MOTION to Withdraw Motion of Steve Pasek For Appointment As Lead Plaintiff and Approval of Selection of Lead Counsel by Robert E Lifson. (Wagner, K) 11/14/2012 16 ORDER signed by Judge J P Stadtmueller on 11/14/12: granting 15 Plaintiff Robert Lifson's Motion to Withdraw; denying as moot 5 Plaintiff Robert Lifson's Motion to Appoint; and granting 10 Pension Trust Fund for Operating Engineers' Motion to
Appoint: Pension Trust Fund for Operating Engineers Appointed as Lead Plaintiff and, LLP, Appointed as Lead Counsel. See Order. (cc: all counsel) (nm) 12/20/2012 17 RE-FILED; SEE 18 STIPULATION and [Proposed] Order Establishing a Schedule for Lead Plaintiff to File an Amended Complaint and for Defendants' Response to the Amended Complaint by Pension Trust Fund for Operating Engineers. (Attachments: # 1 Declaration of Service)(Galdston, Benjamin) Modified on 12/26/2012 (blr). 12/21/2012 NOTICE of Electronic Filing Error re 17 Stipulation, filed by Pension Trust Fund for Operating Engineers ; The proposed order should be filed as an attachment to the stipulation. Please ensure that the proposed order has been emailed to the proposed email box for the assigned judge in Word or WordPerfect format. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing found at www.wied.uscourts.gov (msc) 12/21/2012 18 STIPULATION and [Proposed] Order Establishing a Schedule for Lead Plaintiff to File an Amended Complaint and for Defendants' Response to the Amended Complaint by Pension Trust Fund for Operating Engineers. (Attachments: # 1 Proposed Order, # 2 Declaration of Service)(Galdston, Benjamin) 12/28/2012 19 NOTICE of Hearing: Rule 16 Scheduling Conference set for 2/6/2013 at 9:00 AM in Courtroom 425, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Judge J P Stadtmueller; counsel for the parties are directed to file a joint Rule 26 plan on or before 2/4/13. (cc: all counsel)(nm) 01/02/2013 01/03/2013 01/09/2013 20 ORDER signed by Judge J P Stadtmueller on 1/2/13 that, pursuant to 18 the Stipulation of the parties: any related action filed hereafter shall be consolidated with this action pursuant to Rule 42(a) of the Federal Rules of Civil Procedure; Lead Plaintiff's Amended Complaint due by 2/15/13; Defendants shall answer, move or otherwise respond to Lead Plaintiff's amended complaint on or before 4/1/13; Lead Plaintiff shall file its opposition to any motion to dismiss the amended complaint on or before 5/13/13; and, Defendants shall file a reply brief to Lead Plaintiff's opposition on or before 6/3/13. (cc: all counsel)(nm) 21 NOTICE of Appearance by Benjamin Galdston on behalf of Pension Trust Fund for Operating Engineers. Attorney(s) appearing: Benjamin Galdston (Attachments: # 1 Declaration of Service)(Galdston, Benjamin) 22 NOTICE of Appearance by Jordan C A Corning on behalf of Assisted Living Concepts Inc. Attorney(s) appearing: Jordan C. Corning and Brian E. Butler (Corning, Jordan) 01/14/2013 23 NOTICE of Appearance by Joseph W Goodman on behalf of Pension Trust Fund for Operating Engineers. Attorney(s) appearing: Joseph Goodman (Attachments: # 1 Declaration of Service)(Goodman, Joseph) 01/24/2013 24 NOTICE of Appearance by Michael L Hirschfeld on behalf of Assisted Living Concepts Inc. Attorney(s) appearing: Michael L. Hirschfeld; Thomas A. Arena (Hirschfeld, Michael) 01/24/2013 25 Corrected NOTICE of Appearance by Michael L Hirschfeld on behalf of Assisted Living Concepts Inc. Attorney(s) appearing: Michael L. Hirschfeld; Thomas A. Arena I (Hirschfeld, Michael) Modified on 1/25/2013 (blr).
01/25/2013 NOTICE of Electronic Filing Error re 25 Notice of Appearance filed by Assisted Living Concepts Inc, 24 Notice of Appearance filed by Assisted Living Concepts Inc ; All documents should contain the s/signature of the attorney who files the document. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing found at www.wied.uscourts.gov. (blr) 02/04/2013 26 STATEMENT by Pension Trust Fund for Operating Engineers JOINT CASE MANAGEMENT CONFERENCE STATEMENT. (Attachments: # 1 Declaration of Service)(Galdston, Benjamin) 02/05/2013 27 NOTICE of Appearance by Michael J Cohen on behalf of Laurie A Bebo. Attorney(s) appearing: Michael J. Cohen and Thomas M. Hruz (Cohen, Michael) 02/05/2013 28 I CERTIFICATE OF SERVICE by Laurie A Bebo (Cohen, Michael) 02/05/2013 29 REQUEST by Laurie A Bebo for Substitution of Counsel. (Attachments: # 1 Text of Proposed Order)(Cohen, Michael) 02/06/2013 30 Minute Entry for proceedings held before Judge J P Stadtmueller: Scheduling Conference held on 2/6/2013. (Court Reporter Heidi Trapp) (Willenbrink, Zachary) 02/06/2013 31 CERTIFICATE OF SERVICE by Laurie A Bebo (Cohen, Michael) 02/11/2013 32 CERTIFICATE OF SERVICE by Assisted Living Concepts Inc (Corning, Jordan) 02/11/2013 33 CERTIFICATE OF SERVICE by Assisted Living Concepts Inc (Hirschfeld, Michael) 02/14/2013 34 ORDER signed by Judge J P Stadtmueller on 2/14/13 granting 29 Request filed by Laurie A Bebo for substitution of counsel; Michael J. Cohen and Thomas M. Hruz and the law firm of Meissner Tierney Fisher & Nichols S.C. is substituted as attorney of record for Laurie A. Bebo in this action in place of Reinhart Boerner Van Deuren s.c. (cc: all counsel)(nm) 02/15/2013 35 I TRANSCRIPT of Scheduling Conference held on February 6, 2013 before Judge J.P. Stadtmueller Court Reporter/Transcriber Heidi J. Trapp, Contact at 414-297-3074. Transcripts may be purchased using the Transcript Order Form found on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website www.wied.uscourts.gov Redaction Statement due 3/11/2013. Redacted Transcript Deadline set for 3/21/2013. Release of Transcript Restriction set for 5/20/2013. (Trapp, Heidi) 02/15/2013 36 AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITES LAWS with Jury Demand against All Defendants filed by Pension Trust Fund for Operating I Engineers. (Attachments: # 1 Declaration of Service)(Nicholas, Blair) 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