US District Court Civil Docket as of 05/25/2007 Retrieved from the court on Tuesday, July 10, 2007 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:01-cv-01748-PKC Eismann, et al v. Globalstar Telecom., et al Assigned to: Judge P. Kevin Castel Demand: $0 Lead case: 1:01-cv-02444-PKC Member case: 1:01-cv-01748-PKC Related Cases: 1:01-cv-01992-SAS 1:01-cv-03070-PKC 1:01-cv-03579-PKC 1:01-cv-03660-PKC Cause: 15:78m(a) Securities Exchange Act Plaintiff Eric Eismann individually Date Filed: 02/28/2001 Date Terminated: 12/12/2005 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Cohen, Milstein, Hausfeld & Toll, P.L.L.C. 150 East 52nd Street New York, NY 10022 212-838-7797 Fax: 212-838-7745 Email: ctorell@cmht.com LEAD ATTORNEY Kenneth A. Ricken Shalov, Stone & Bonner 276 Fifth Avenue Suite 704 New York, NY 10001 (212) 686-8004 LEAD ATTORNEY Ralph M. Stone Shalov, Stone & Bonner 485 Seventh Avenue New York, NY 10001 (212) 686-8004 LEAD ATTORNEY Plaintiff Eric Eismann represented by Kenneth A. Ricken
On Behalf of All Others Similarly Situated LEAD ATTORNEY Ralph M. Stone LEAD ATTORNEY Catherine A. Torell Appellant Steven Williams an unnamed Class Member represented by Steven Williams (469) 774-8331 3509 E. Park Blvd. Suite 180-110 Plano, TX 75074 PRO SE V. Defendant Globalstar Telecommunications Limited represented by David Clifford Burger Robinson Brog Leinwand Greene Genovese & Gluck PC 1345 Avenue of the Americas-31st Floor New York, NY 10105 212 603-6361 Fax: 212 956-2164 Email: dcb@robinsonbrog.com LEAD ATTORNEY Defendant Bernard Schwartz represented by Francis James Menton, Jr Willkie Farr & Gallagher LLP (NY) 787 Seventh Avenue New York, NY 10019 (212) 728-8246 Fax: (212) 728-8111 Email: maosdny@willkie.com LEAD ATTORNEY Jeanne Marie Luboja Willkie Farr & Gallagher LLP (NY) 787 Seventh Avenue New York, NY 10019
(212) 728-8000 Fax: (212) 728-8111 Email: maosdny@willkie.com LEAD ATTORNEY Defendant Loral Space & Communications Ltd. Defendant Globalstar Capital Corporation Movant Leonard Shubitz Movant The Phillips Family Movant Maurice Ian Winn Movant The 11.5% Bond Purchasers Group Chaim Kraus L.A. Murphy Eddie Maiorino
Damon Davis Iskander Batyrev Shelly Garfinkel Sequioa Land Development, Inc. Michael Cesar Trustee for the Howard Gunty Profit Sharing Plan, Individually and on behalf of all others similarly situated Colin Barry James D. Atlas represented by Eric James Belfi Labaton Rudoff & Sucharow LLP 100 Park Avenue 12th Floor New York, NY 10017 (212)907-0790 Fax: (212)883-7579 Email: ebelfi@labaton.com LEAD ATTORNEY Catherine A. Torell
Lawrence Phillips Kent A. Hillemeir Sarah Harman Pablo Lozza Joseph Meyers Eudice Meyers V. Consolidated Defendant Anthony Navarra Consolidated Defendant Michael Deblasio
Date Filed # Docket Text 02/28/2001 1 CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 398708. (tp) (Entered: 02/28/2001) 02/28/2001 Magistrate Judge Douglas F. Eaton is so Designated. (tp) (Entered: 02/28/2001) 03/12/2001 2 AFFIDAVIT OF SERVICE of S&C as to Globalstar Telecom. by Patricia Delligati, (Secretary) on 3/1/01. Answer due on 3/21/01 for Globalstar Telecom. (lf) (Entered: 03/13/2001) 03/12/2001 3 AFFIDAVIT OF SERVICE of S&C as to Loral Space & Comm. by Patricia Delligati, (Secretary) on 3/1/01. Answer due on 3/21/01 for Loral Space & Comm. (lf) (Entered: 03/13/2001) 03/12/2001 4 AFFIDAVIT OF SERVICE of S&C as to Bernard Schwartz by Patricia Delligati, (Secretary) on 3/1/01. Answer due on 3/21/01 for Bernard Schwartz. (lf) (Entered: 03/13/2001) 03/23/2001 5 ORDER, Counsel are directed to appear in courtroom 23A for an initial case management conference set for 11:00 a.m. on 4/13/01 ( signed by Judge Sidney H. Stein ); Copies mailed. (kg) (Entered: 03/26/2001) 04/04/2001 6 STIPULATION and ORDER, the time for defendants to answer is extended to 45 days after (a) a superseding or amended complaint (currently expected to take the form of a consolidated amended complaint, following the consolidation of several related actions) has been served on defendants; (b) a notice designating a complaint as a superseding or amended complaint has been served on defendants; or (c) the undersigned counsel for plaintiffs sends a letter to counsel for defendants notifying them that they should respond to the present complaint. ( signed by Judge Sidney H. Stein ) (kw) (Entered: 04/05/2001) 04/10/2001 7 RULE 1.9 CERTIFICATE filed by Bernard Schwartz, and Loral Space & Comm. (kw) (Entered: 04/13/2001) 04/17/2001 8 RULE 1.9 CERTIFICATE filed by Globalstar Telecom.. (djc) (Entered: 04/18/2001) 04/17/2001 26 RULE 1.9 CERTIFICATE filed by Globalstar Telecom.. (pl) (Entered: 07/20/2001) 04/30/2001 9 NOTICE OF MOTION (filed on service date) by Leonard Shubitz; for an Order appointing Leonard Shubitz as lead pltff and approving his selection of the law firm of Shapiro Haber & Urmy, LLP, and Wolf Popper, LLP as co-lead counsel for the class ; Return date not indicated. Declaration of Robert C. Finkel in support of motion attached. (jp) (Entered: 05/02/2001) 04/30/2001 10 MEMORANDUM OF LAW by Leonard Shubitz in support of [9-1] motion for an Order appointing Leonard Shubitz as lead pltff and approving his selection of the law firm of Shapiro Haber & Urmy, LLP, and Wolf Popper, LLP as co-lead counsel for the class. (jp) (Entered: 05/02/2001)
04/30/2001 11 NOTICE OF MOTION (filed on service date) by The Phillips Family, Maurice Ian Winn; for an Order, appointing Maurice Ian Winn and the Phillips Family to serve as lead pltffs and aproving the lead pltffs selection of Wolf Haldenstein Adler Freeman & Herz and Cohen Milstein Hausfeld & Toll as co-lead counsel for the litigation and subsequently filed related litigations, and, for the consolidation of all the related actions ; Return date not indicated. (jp) (Entered: 05/02/2001) 04/30/2001 12 MEMORANDUM OF LAW by The Phillips Family, Maurice Ian Winn in support of [11-1] motion for an Order, appointing Maurice Ian Winn and the Phillips Family to serve as lead pltffs and aproving the lead pltffs selection of Wolf Haldenstein Adler Freeman & Herz and Cohen Milstein Hausfeld & Toll as co-lead counsel for the litigation and subsequently filed related litigations, [11-2] motion for the consolidation of all the related actions. (jp) (Entered: 05/03/2001) 04/30/2001 13 DECLARATION of Gregory Nespole by The Phillips Family, Maurice Ian Winn in support Re: [11-1] motion for an Order, appointing Maurice Ian Winn and the Phillips Family to serve as lead pltffs and aproving the lead pltffs selection of Wolf Haldenstein Adler Freeman & Herz and Cohen Milstein Hausfeld & Toll as co-lead counsel for the litigation and subsequently filed related litigations, [11-2] motion for the consolidation of all the related actions. (jp) (Entered: 05/03/2001) 04/30/2001 14 NOTICE OF MOTION y Robert Wilkinson, David Hayes for an order, purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. 78u- 4(3)(B), appointing them as Lead Pltffs on behalf of all bond purchasers of Globalstar Telecommunications Ltd. during the period 12/6/99 to 10/27/00 in this action and any subsequently - filed related actions ; and for an order, approving its selection of the law firm of Abbey Gardy, LLP as Lead Counsel ; Return date not indicated. (sac) (Entered: 05/04/2001) 04/30/2001 15 MEMORANDUM OF LAW by Robert Wilkinson & David Hayes in support of [14-1] motion for an order, purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. 78u-4(3)(B), appointing them as Lead Pltffs on behalf of all bond purchasers of Globalstar Telecommunications Ltd. during the period 12/6/99 to 10/27/00 in this action and any subsequently - filed related actions, [14-2] motion for an order, approving its selection of the law firm of Abbey Gardy, LLP as Lead Counsel. (rec'd in the night deposit box on 4/30/01 at 7:14 p.m.) (sac) (Entered: 05/04/2001) 04/30/2001 16 AFFIDAVIT of Nancy Kaboolian by Robert Wilkinson & David Hayes in support of [14-1] motion for an order, purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. 78u-4(3)(B), appointing them as Lead Pltffs on behalf of all bond purchasers of Globalstar Telecommunications Ltd. during the period 12/6/99 to 10/27/00 in this action and any subsequently - filed related actions, [14-2] motion for an order, approving its selection of the law firm of Abbey Gardy, LLP as Lead Counsel. (rec'd in the night deposit box on 4/30/01 at 7:14 p.m.) (sac) (Entered: 05/04/2001) 05/09/2001 17 MEMORANDUM OF LAW in support of motion of 11.5% Bond Purchasers for appointment as lead pltff and to approve their choice of lead and liason counsel. (jp) (Entered: 05/11/2001) 05/17/2001 18 MEMORANDUM OF LAW in support of [11-1] motion for an Order, appointing
Maurice Ian Winn and the Phillips Family to serve as lead pltffs and aproving the lead pltffs selection of Wolf Haldenstein Adler Freeman & Herz and Cohen Milstein Hausfeld & Toll as co-lead counsel for the litigation and subsequently filed related litigations, [11-2] motion for the consolidation of all the related actions. (sac) (Entered: 05/18/2001) 05/21/2001 19 MEMORANDUM OF LAW by Leonard Shubitz re: [11-1] motion for an Order, appointing Maurice Ian Winn and the Phillips Family to serve as lead pltffs and aproving the lead pltffs selection of Wolf Haldenstein Adler Freeman & Herz and Cohen Milstein Hausfeld & Toll as co-lead counsel for the litigation and subsequently filed related litigations. (cd) (Entered: 05/22/2001) 05/21/2001 20 imovang the 11.5% Bond Purchasers Group's MEMORANDUM OF LAW in opposition to [11-1] motion for an Order, appointing Maurice Ian Winn and the Phillips Family to serve as lead pltffs and aproving the lead pltffs selection of Wolf Haldenstein Adler Freeman & Herz and Cohen Milstein Hausfeld & Toll as co-lead counsel for the litigation and subsequently filed related litigations, [9-1] motion for an Order appointing Leonard Shubitz as lead pltff and approving his selection of the law firm of Shapiro Haber & Urmy, LLP, and Wolf Popper, LLP as co-lead counsel for the class, [14-1] motion for an order, purs. to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. 78u-4(3)(B), appointing them as Lead Pltffs on behalf of all bond purchasers of Globalstar Telecommunications Ltd. during the period 12/6/99 to 10/27/00 in this action and any subsequently - filed related actions. (djc) (Entered: 05/24/2001) 05/29/2001 21 REPLY MEMORANDUM by The Phillips Family, Maurice Ian Winn re: [20-1] opposition memorandum (lam) (Entered: 05/30/2001) 05/29/2001 22 MEMORANDUM OF LAW in further support of the 11.5% Bond Purchasers Group's motion for appointment of lead pltff and for appointment of lead counsel; in opposition to other Putative Lead Pltff motions (sac) (Entered: 05/31/2001) 05/31/2001 23 Transcript of record of proceedings before Judge Sidney H. Stein for the date(s) of 4/13/01. (gmo) (Entered: 05/31/2001) 06/07/2001 24 NOTICE OF MOTION (filed on service date) by 11.5% Bond; for an Order granting leave to file a Surreply to the Debt Purchasers Memorandum of Law and to Maurice Winn & the Phillips Family's Memorandum, both filed on 5/29/01. Return date not indicated. Proposed Order attached. (jp) (Entered: 06/14/2001) 10/04/2001 27 ORDER; that for the reasons set forth in this Order on the [11-1,2] motion, actions 01cv1748, 01cv1843, 01cv1854, 01cv1889, 01cv1902, 01cv1951, 01cv2032, 01cv2251, 01cv2419, 01cv2423, 01cv2444, 01cv2503, 01cv2674, 01cv2680, 01cv2778, and 01cv2801 are consolidated into one action for all purposes including, but not limited to, discovery, pretrial proceedings, and trial proceedings, pursuant to FRCP 42(a); this Order shall apply as specified to the consolidated action and to each case that relates to the same subject matter that is subsequently filed in this Court or transferred to this Court and is consolidated with the consolidation action; a master file is established for this consolidated action; the files of this action shall be maintained in one file under Master File No. 01civ1748 (SHS) every pleading filed in the consolidated action shall have the following caption: In Re Globalstar Securities Litigation, 01civ1748 (SHS); the parties shall
notify the Court of any other action which is pending or filed outside this district which may be related to the subject matter of these consolidated actions if and when they become aware of such actions; pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. 78u-4(a)(3)(B), the members of Phillips Family are appointed lead plaintiffs for the class; lead plaintiffs' selection of Cohen, Milstein, Hausfeld & Toll, PLLC is approved pursuant to section 21D(a)(3)(B)(V) of the 1934 Act, 15 U.S.C. 78u-4(a)(3)(B)(V); that firm is appointed lead counsel in the consolidated action; lead plaintiffs shall file a consolidated complaint no later than 45 days from the date of the entry of this Order; the consolidated complaint shall be treated as if it were the original complaint in the actions consolidated herein, except that all defendants shall have 45 days after the filing and service of the consolidated complaint to answer or otherwise respond. ( signed by Judge Sidney H. Stein ); Copies mailed. (kkc) Modified on 11/01/2001 (Entered: 10/23/2001) 10/04/2001 Consolidated Lead Case. (kkc) (Entered: 10/24/2001) 10/04/2001 28 DUPLICATE ORIGINAL ORDER,... The above captioned actions (1:01-cv- 01748, 1:01-cv-01843, 1:01-cv-01854, 1:01-cv-01889, 1:01-cv-01902, 1:01-cv- 01951, 1:01-cv-02032, 1:01-cv-02251, 1:01-cv-02419, 1:01-cv-02423, 1:01-cv- 02444, 1:01-cv-02503, 1:01-cv-02674, 1:01-cv-02680, 1:01-cv-02778, 1:01-cv- 02801) are consolidated into one action for all purposes including, but not limited to, discovery, pretrial proceedings, and trial proceedings, pursuant to Fed.R.Civ.P. 42(a). This order shall apply as specified to the Consolidated Action and to each case that relates to the same subject matter that is subsequently filed in this Court or transferred to this Court and is consolidated with the Consolidated Action. A Master File is hereby established for this Consolidated Action. The files of this action shall be maintained in one file under Master File No. 01 Civ. 1748 (SHS)... Every pleading filed in the Consolidated Action shall have the following caption... Pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78u-4(a)(3)(B), the members of the Phillips Family are appointed lead plaintiffs for the class,... Lead Plaintiffs' selection of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. is approved,... Lead Plaintiffs shall file a consolidated complaint no later than 45 days from the date of entry of this Order... ( signed by Judge Sidney H. Stein ); Copies mailed. [Original filed in 1:01-cv-01748 Document No. 28. Document Docketed in 1:01-cv-01843; 1:01-cv-01854; 1:01-cv-01889; 1:01-cv- 01902; 1:01-cv-01951; 1:01-cv-02032; 1:01-cv-02251; 1:01-cv-02419; 1:01-cv- 02423; 1:01-cv-02444; 1:01-cv-02503; 1:01-cv-02674; 1:01-cv-02680; 1:01-cv- 02778; 1:01-cv-02801] (dcap) (Entered: 11/01/2001) 11/13/2001 29 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by the lead plaintiff The Phillips Family (Answer due 11/26/01 for Globalstar Telecom., Globalstar, L.P., Globalstar Capital Corperation ) amending [1-1] complaint ; Summons issued. Jury Trial demanded. (bai) (Entered: 11/14/2001) 12/05/2001 30 STIPULATION and ORDER; reset answer to Consolidated AMended Class Action Complaint due for 1/25/02 for Loral Space & Comm., for Bernard Schwartz, for Globalstar Telecom. ; If Defendants move to dismiss, Plaintiffs' opposition papers are to be served and filed on or before 03/11/02 and Defendants' reply papers are to be served and filed on or before 04/10/02 ; ( signed by Judge Sidney H. Stein ) (djc) (Entered: 12/05/2001)
12/19/2001 31 STIPULATION AND ORDER: reset answer to the Consolidated Amended Class Action Complaint due for 1/25/02 for Loral Space & Comm., for Bernard Schwartz, for Globalstar Telecom. If defts move to dismiss, Pltffs opposition papers are to be served and filed on or before 3/11/02 and defts' reply papers are to be served and filed on or before 4/10/02. ( signed by Judge Sidney H. Stein ) (sac) (Entered: 12/20/2001) 01/11/2002 32 WAIVER OF SERVICE of Summons and Complaint returned executed as to Globalstar, LP and Globalstar Capital Corp. mailed on 12/3/01. Answer due on 2/1/02. (yv) (Entered: 01/14/2002) 01/11/2002 33 NOTICE OF MOTION (filed on service date) by Globalstar, L.P. and Globalstar Capital Corporation (filed on service date) for an Order modifying the deadline for Defendants to answer, move, or otherwise respond to Plaintiffs' Consolidated Amended Class Action Complaint. Declaration of Jeffrey F. Robertson in support of motion and Proposed Order attached. Return date not indicated. 3/21/01. (yv) (Entered: 01/16/2002) 01/16/2002 34 ORDER granting [33-1] motion for an Order modifying the deadline for Defendants to answer, move, or otherwise respond to Plaintiffs' Consolidated Amended Class Action Complaint. reset answer to consolidated amended class action complaint due for 2/25/02 for Globalstar Telecom. If defts move to dismiss, pltffs' opposition papers are to be served and filed by 4/11/02, and defts' reply papers are to be served and filed by 5/10/02. ( signed by Judge Sidney H. Stein ); Copies mailed. (sn) (Entered: 01/18/2002) 02/20/2002 35 NOTICE of Automatic Stay pursuant to 11 U.S.C. 362(a) regarding defendants by Globalstar L.P., Globalstar Capital. (jco) (Entered: 02/25/2002) 02/25/2002 40 NOTICE OF MOTION (filed on service date) by Globalstar Telecom. for an Order, pursuant to Rule 12(b)(6) of the FRCP, dismissing the Consolidated Amended Class Action Complaint in its entirety. Return date not indicated. (yv) (Entered: 04/23/2002) 02/26/2002 36 Memo-Endorsement on letter addressed to Judge Stein from Francis J. Menton, Jr., dated 2/19/02: Granting defendants request for permission to submit a single brief on behalf of Loral and Mr. Schwartz in excess of the Court's page limit of 25 pages, not anticipating the filing of a brief longer than 35 pages in length. ( signed by Judge Sidney H. Stein ); Copies mailed. (tp) (Entered: 02/27/2002) 03/21/2002 37 RULE 1.9 CERTIFICATE filed by Globalstar Telecom. (jco) (Entered: 03/25/2002) 04/11/2002 38 Memo-Endorsement on letter addressed to Judge Stein from Alexander E. Barnett, dated 4/8/02. Granting plaintiffs' request for permission to file a single brief not to exceed 4 pages in length. ( signed by Judge Sidney H. Stein ); Copies mailed. (kw) (Entered: 04/15/2002) 04/11/2002 39 MEMORANDUM OF LAW by Eric Eismann, Eric Eismann in opposition to defendants Schwartz and Loral Space & Communications Ltd.'s and Globalstar Telecommunications Limited's motions to dismiss. (bai) (Entered: 04/16/2002) 04/15/2002 41 MEMORANDUM OF LAW by Globalstar Telecom. in support of [40-1] motion
for an Order, pursuant to Rule 12(b)(6) of the FRCP, dismissing the Consolidated Amended Class Action Complaint in its entirety. (yv) (Entered: 04/23/2002) 05/09/2002 48 Memo-Endorsement on letter addressed to Judge Stein from Francis, dated 5/6/02. granting dft. Loral Space & Communications Ltd. and Bernard Schwartz request for permission for leave to file reply brief of no longer than 18 pages in length. ( signed by Judge Sidney H. Stein ); Copies mailed. (pl) (Entered: 05/16/2002) 05/10/2002 42 REPLY MEMORANDUM in support by Globalstar Telecom. re: [40-1] motion for an Order, pursuant to Rule 12(b)(6) of the FRCP, dismissing the Consolidated Amended Class Action Complaint in its entirety (cd) (Entered: 05/14/2002) 05/10/2002 43 NOTICE OF MOTION by Bernard Schwartz, Loral Space & Comm. to dismiss the complaint in its entirety as to defts Mr. Schwartz and Loral purs to FRCP 12(b)(6)and 9(b) ; Return Date not indicated (cd) (Entered: 05/14/2002) 05/10/2002 44 RULE 1.9 CERTIFICATE filed by Loral Space & Comm.. (cd) (Entered: 05/14/2002) 05/10/2002 45 AFFIDAVIT of Francis Menton by Bernard Schwartz, Loral Space & Comm. in support of [43-1] motion to dismiss the complaint in its entirety as to defts Mr. Schwartz and Loral purs to FRCP 12(b)(6)and 9(b). (cd) (Entered: 05/14/2002) 05/10/2002 46 MEMORANDUM OF LAW by Bernard Schwartz, Loral Space & Comm. in support of [43-1] motion to dismiss the complaint in its entirety as to defts Mr. Schwartz and Loral purs to FRCP 12(b)(6)and 9(b); accoompanied by an appendix of cases (cd) (Entered: 05/14/2002) 05/10/2002 47 REPLY MEMORANDUM by Bernard Schwartz, Loral Space & Comm. re: [43-1] motion to dismiss the complaint in its entirety as to defts Mr. Schwartz and Loral purs to FRCP 12(b)(6)and 9(b); accompanied by an appendix of cases (cd) (Entered: 05/14/2002) 08/20/2003 49 SUGGESTION OF BANKRUPTCY by Bernard Schwartz, Loral Space & Comm. as to Loral Space & Comm. (yv) (Entered: 08/22/2003) 12/15/2003 50 MEMORANDUM AND OPINION # 89440 re: [40] Motion to Dismiss filed by Globalstar Telecommunications Limited; for the reasons set forth on this opinion, defendants' motion to dismiss the consolidated amended class action complaint is denied. (Signed by Judge Sidney H. Stein on 12/12/03) (Pecorino, Joseph) (Entered: 12/30/2003) 12/18/2003 51 NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Sidney H. Stein no longer assigned to the case. (gf, ) (Entered: 01/07/2004) 12/24/2003 52 ORDER PLACING CASE ON SUSPENSE. By reason of the automatic stay, action is placed on the suspense calendar. Parties are directed to report on the status of the Chapter 11 proceeding as of 6/30/04 and every 90 days thereafter. (Signed by Judge P. Kevin Castel on 12/23/03) Copies mailed by Chambers.(yv, ) (Entered: 01/13/2004) 12/24/2003 54 Letter addressed to Judge P. Kevin Castel from Jeffrey F. Robertson dated 12/22/03 re: the Court's 12/17/03 order. Document filed by Globalstar Capital Corporation, Globalstar Telecommunications Limited.(kw, ) (Entered: 01/15/2004)
01/05/2004 53 STIPULATION AND ORDER; that the time for defts Globestar and Bernard Schwartz to answer or move with respect to the Consolidated Class Action Complaint is extended to and including 1/30/2004. (Signed by Judge P. Kevin Castel on 1/5/2004) (jp, ) (Entered: 01/13/2004) 01/05/2004 Set Answer Due Date purs. to [53] Stipulation and Order as to Globalstar Telecommunications Limited answer due on 1/30/2004; Bernard Schwartz answer due on 1/30/2004. (jp, ) (Entered: 01/13/2004) 01/09/2004 55 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Joinder of additional parties to be accomplished by 3/31/04. Depositions to be completed by 11/30/04. All expert discovery due by 1/31/05 for plaintiff and 3/31/2005 for defendant. Case Management Conference set for 6/4/2004 at 02:00 PM before P. Kevin Castel. Class motion schedule to be set at next conference. Other deadlines set forth on this case management plan. (Signed by Judge P. Kevin Castel on 1/9/04) Copies Mailed By Chambers.(sb, ) (Entered: 01/21/2004) 01/09/2004 Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 1/9/2004. (tp, ) (Entered: 02/20/2004) 01/26/2004 56 ENDORSED LETTER addressed to Judge P. Kevin Castel from Francis J. Menton, Jr. dated 1/23/04 re: granting Francis J. Menton, Jr.'s requests that the Court allow an additional week for his response on the mediation issue. (Signed by Judge P. Kevin Castel on 1/23/04) (pl, ) (Entered: 02/02/2004) 02/02/2004 57 ANSWER to Amended Complaint. Document filed by Globalstar Telecommunications Limited. Related document: [29] Amended Complaint, filed by The Phillips Family.(jge, ) (Entered: 02/03/2004) 02/02/2004 58 ANSWER to Amended Complaint. Document filed by Bernard Schwartz. Related document: [29] Amended Complaint, filed by The Phillips Family.(rw, ) (Entered: 02/04/2004) 03/24/2004 59 ORDER REMOVING CASE FROM SUSPENSE (Signed by Judge P. Kevin Castel on 03/24/04) (djc, ) (Entered: 03/26/2004) 04/09/2004 60 ORDER that due to the Bankruptcy filing of Bernard Schwartz and Loral Space and Communications Ltd., their motion to dismiss filed on 5/10/02 will be deemed withdrawn without prejudice. (Signed by Judge P. Kevin Castel on 4/8/04) Copies faxed by chambers.(dle, ) (Entered: 04/12/2004) 04/16/2004 61 ORDER. Regarding the procedures to be followed that shall govern the handling of confidential matters. (Signed by Judge P. Kevin Castel on 4/15/04) (yv, ) (Entered: 04/19/2004) 05/14/2004 62 MOTION for Marka A. Peterson to Appear Pro Hac Vice. Document filed by Eric Eismann. (jmi, ) (Entered: 05/17/2004) 05/14/2004 63 MOTION for Joshua S. Devore to Appear Pro Hac Vice. Document filed by Eric Eismann. (jmi, ) (Entered: 05/17/2004) 05/14/2004 64 MOTION for Andrew N. Friedman to Appear Pro Hac Vice. Document filed by Eric Eismann. (jmi, ) (Entered: 05/17/2004)
05/19/2004 65 ORDER granting [62] Motion for Marka A. Peterson to Appear Pro Hac Vice.. (Signed by Judge P. Kevin Castel on 5/18/04) copies sent by chambers.(cd, ) (Entered: 05/20/2004) 05/19/2004 Transmission to Attorney Admissions Clerk. Transmitted re: [65] Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, ) (Entered: 05/20/2004) 05/19/2004 66 ORDER granting [64] Motion for Andrew N. Friedman to Appear Pro Hac Vice. (Signed by Judge P. Kevin Castel on 5/18/04) copies sent by chambers.(cd, ) (Entered: 05/20/2004) 05/19/2004 Transmission to Attorney Admissions Clerk. Transmitted re: [66] Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, ) (Entered: 05/20/2004) 05/19/2004 67 ORDER granting [63] Motion for Joshua S. Devore to Appear Pro Hac Vice. (Signed by Judge P. Kevin Castel on 5/18/04) copies sent by chambers.(cd, ) (Entered: 05/20/2004) 05/19/2004 Transmission to Attorney Admissions Clerk. Transmitted re: [67] Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, ) (Entered: 05/20/2004) 05/20/2004 68 CERTIFICATE OF SERVICE of Orders of the Hon. P. Kevin Castel granting Joshua S. Devore, Andrew N. Friedman, and Mark A. Peterson served on Defense Counsel on 5/20/04. Service was made by MAIL. (jco, ) (Entered: 05/21/2004) 06/04/2004 Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 6/4/2004. The parties are present and a pretrial conference is held. The motin for class certification will be filed on or before 8/1/04. (jco, ) (Entered: 06/07/2004) 06/04/2004 Minute Entry for proceedings held before Judge P. Kevin Castel : Status Conference held on 6/4/2004. (jeh, ) (Entered: 06/08/2004) 07/01/2004 69 SUGGESTION OF BANKRUPTCY Upon the Record as to Globalstar Telecommunicaion. of a voluntary petition in the United States Bankruptcy Court for the SDNY (case no. 04-14480 REG) under Chapter 7 of Title 11 of the United States Code; Document filed by Globalstar Telecommunications Limited (djc, ) (Entered: 07/08/2004) 07/08/2004 70 ENDORSED LETTER addressed to Judge P. Kevin Castel from Robert Leinwand dated 7/1/04 re: Robinson, Brog, Leinwand, et al submits courtesy copy of suggestion of Bankruptcy. Parties to advise in writing by 5 p.m., 7/14/04,the effect, if any, of this bankruptcy filing. (Signed by Judge P. Kevin Castel on 7/7/04) Copies faxed by chambers.(dle, ) Modified on 7/13/2004 (dle, ). (Entered: 07/13/2004) 07/13/2004 71 MEMO ENDORSED on Letter addressed to Judge P. Kevin Castel from Robert R. Leinwand, dated 7/8/04; re: No party to the action having taken issue with the proportion that the Section 362(a) stay applies to all claims argument all defendants, including defendants other than the debtor, the within action is placed on the suspense docket. Mr. Menton is directed to file a status update with the
Court by 9/2/04 and every 90 days thereafter. (Signed by Judge P. Kevin Castel on 7/13/04) Copies Faxed By Chambers.(sac, ) (Entered: 07/13/2004) 07/16/2004 72 ENDORSED LETTER addressed to Judge P. Kevin Castel from Steven J. Toll dated 7/14/04 re: request the Court rescind its Order placing this action on the suspense docket, and instead stay proceedings solely with respect to GTL. So Ordered. Order of July 12 vacated. Counsel is invited to respond to Mr. Toll's letter by July 21 via fax. (Signed by Judge P. Kevin Castel on 7/15/04) Copies Faxed By Chambers.(dfe, ) (Entered: 07/19/2004) 07/16/2004 ORDER REMOVING CASE FROM SUSPENSE...the defendant Bernard L. Schwartz has not filed for bankruptcy. (Signed by Judge P. Kevin Castel on 7/16/2004) (D'Agostino, Andrew) (Entered: 11/30/2004) 08/02/2004 73 MOTION to Certify Class, appointing plntfs as the class representatives and approving Cohen Milstein et al as class counsel. Filed by Lead Plaintiffs.. (cd, ) (Entered: 08/04/2004) 08/02/2004 74 MEMORANDUM OF LAW in Support re: [73] MOTION to Certify Class. (cd, ) (Entered: 08/04/2004) 08/16/2004 75 MEMORANDUM OF LAW in Opposition re: [73] MOTION to Certify Class. Document filed by Bernard Schwartz. (jco, ) (Entered: 08/17/2004) 08/26/2004 76 REPLY MEMORANDUM OF LAW in Support re: [73] MOTION to Certify Class.. Document filed by Bernard Schwartz. (ps, ) (Entered: 08/27/2004) 11/12/2004 77 CASE MANAGEMENT PLAN: Discovery due by 3/30/2005. Depositions to be completed by 3/30/2005. All expert discovery to be completed by 5/31/2005. Final Pretrial Conference set for 6/10/2005 02:00 PM before P. Kevin Castel. Jury Selection set for 7/6/2005 10:00AM before P. Kevin Castel. Jury Trial set for 7/6/2005 10:00 AM before P. Kevin Castel. (Signed by Judge P. Kevin Castel on 11/12/2004) Copies faxed by chambers.(d'agostino, Andrew) (Entered: 11/12/2004) 11/12/2004 Minute Entry for proceedings held before Judge P. Kevin Castel : Pretrial Conference held on 11/12/2004. (cd, ) (Entered: 12/01/2004) 11/16/2004 80 NOTICE of Change of Address by Eric J. Belfi on behalf of James D. Atlas. New Address: Murray, Frank & Sailer LLP, 275 Madison Avenue, Suite 801, New York, New York, 10016, (212) 682-1818. (pl, ) (Entered: 12/08/2004) 12/01/2004 78 ORDER granting [73] Motion to Certify Class...Plaintiffs Lawrence Phillips, Mark Phillips, Michael Phillips, and Julianna Maio move for class certification in this action pursuant to Rule 23, Fed. R. Civ. P. Defendant Bernard L. Schwartz opposes class certification. For the reasons set forth, I certify the proposed plaintiff class.. (Signed by Judge P. Kevin Castel on 12/1/2004) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 12/01/2004) 12/08/2004 79 STIPULATION & PROTECTIVE ORDER regarding the use of confidential discovery matters produced by non-party Qualcomm Incorporated. (Signed by Judge P. Kevin Castel on 12/8/2004) Copies faxed by chambers.(d'agostino, Andrew) (Entered: 12/08/2004)
01/24/2005 81 ENDORSED LETTER addressed to Judge Castel from Jeanne M. Luboja dated 1/24/2005 re: Requesting an informal conference in an attempt to resolve a discovery dispute. Plaintiffs are directed to serve and fax to Chambers a letter brief by January 31, 2005. Defendants may respond by February 7. Plaintiff may reply by February 10. Thereafter, counsel for the parties are directed to meet and confer (face to face) for no less than 30 minutes. A conference will be held on February 14, 2005 at 10:30 a.m. to address the outstanding issues. So Ordered. (Signed by Judge P. Kevin Castel on 1/24/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 01/24/2005) 02/14/2005 82 ENDORSED LETTER addressed to Judge Castel from Marka Peterson dated 2/11/2005 re: Requesting an extension of time to file the letter briefs. The defendant's response is due February 18, 2005 and the plaintiff's reply is due February 24, 2005. (Signed by Judge P. Kevin Castel on 2/14/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 02/14/2005) 02/14/2005 Set/Reset Deadlines: Replies due by 2/24/2005. Responses due by 2/18/2005 (D'Agostino, Andrew) (Entered: 02/14/2005) 03/03/2005 Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 3/3/2005. Parties are present. See transcript. The Court hears argument on the defendant's application to compel the plaintiff to respond to Interrogatory #2 on the second set of interrogatories. The plaintiff will provide responses to the interrogatories if the source is named. The responses will be provided within ten days. Submitted by: Drew D'Agostino (Court Reporter Pam Utter) (ll, ) (Entered: 03/14/2005) 03/03/2005 Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 3/3/2005. The parties are present and a pretrial conference is held. Court Reporter Pam Utter is present. See transcript. The Court hears argument on the defendant's application to compel the plaintiff to respond to Interrogatory #2 on the second set of interrogatories. The plaintiff will provide responses to the interrogatories if the source is named. The responses will be provided w/ ten-days. (ae, ) (Entered: 03/14/2005) 03/17/2005 83 MOTION for Reconsideration re; Court's March 3, 2005 Order regarding responses to interrogatories. Document filed by Colin Barry, Eric Eismann, Eric Eismann. (ps, ) (Entered: 03/22/2005) 03/17/2005 84 MEMORANDUM OF LAW in Support re: [83] MOTION for Reconsideration on the Court's March 3, 2005 order regarding responses to interrogatories Document filed by Eric Eismann, Eric Eismann. (ps, ) (Entered: 03/22/2005) 03/25/2005 85 TRANSCRIPT of proceedings held on 3/3/2005 @ 10:38 am before Judge P. Kevin Castel. (mbe, ) (Entered: 03/25/2005) 03/25/2005 86 TRANSCRIPT of proceedings held on 3/3/2005 @ 10:38 am before Judge P. Kevin Castel. (mbe, ) (Entered: 03/25/2005) 04/01/2005 88 MOTION to Continue the deposition of deft Bernard Schwartz. Document filed by Lawrence Phillips. (jp, ) (Entered: 04/08/2005) 04/01/2005 89 MEMORANDUM OF LAW in Support re: [88] MOTION to Continue.. Document
filed by Lawrence Phillips. (jp, ) (Entered: 04/08/2005) 04/01/2005 90 DECLARATION of Marka Peterson in Support re: [88] MOTION to Continue.. Document filed by Lawrence Phillips. (jp, ) (Entered: 04/08/2005) 04/04/2005 87 ORDER denying [83] Motion for Reconsideration re [83] MOTION for Reconsideration re; Pretrial Conference - Interim,,. filed by Eric Eismann,, Colin Barry. Plaintiffs move to reconsider my ruling compelling responses to Interrogatory No. 2 of Defendants Second Set of Interrogatories. The reasons for my ruling are as set forth in the transcript of March 3, 2005.A party's sources for allegations set forth in a pleading may be protected by the attorney work-product doctrine. That proposition is unassailable but does not control the disposition of the motion. Here, plaintiffs endeavored to bolster their complaint by going beyond an allegation of fact and ascribing a source for the allegation. For example, paragraph 45(b) alleges that: "According to an ex-globstar senior business development manager" certain alleged facts are true. Plaintiffs have made an election to go beyond straightforward allegations of fact, which would have enabled them to keep their sources protected by the attorney work-product doctrine. They sought to bolster the credibility of their pleadings by pointing the reader to a specific source, albeit by partial description. Having used the source as a sword, they have sought to shield the source's identity. This they cannot do. See Restatement (Third), The Law Governing Lawyers at? 91, Comment c,? 92, Comment b ("A party waives workproduct protection by putting the protected material into issue... where determining the truth of the party's allegation requires examination of work product.") The interrogatories do not go to all allegations of the complaint but only those as to which plaintiffs have elected to partially disclose a source. Plaintiffs fault my March 3 ruling because it utilizes the term "waiver" and, they assert, defendants did not expressly invoke "waiver" in their arguments. Plaintiffs read defendants' submissions too narrowly. See Letter of February 18, 2005 at 10n.5 and 12. Moreover, a voluntary disclosure may be viewed as either a failure to maintain the confidentiality vis-?-vis opposing counsel or it may be viewed as waiver. Cf. United States v. Nobles, 422 U.S. 225, 239 & n.14 (1975); In re Subpoenas Duces Tecum, 738 F.2d 1367 (D.C. Cir. 1984).The motion to reconsider is denied.. (Signed by Judge P. Kevin Castel on 4/4/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 04/04/2005) 04/07/2005 91 MEMO ENDORSEMENT on Motion for Court Order to Continue Deposition of Defendant Bernard Schwartz; I have reviewed the deposition transcript and conclude that plaintiff msy examine Mr. Schwartz for an additional period of time not to exceed five (5) hours. (Signed by Judge P. Kevin Castel on 4/1/05) (djc, ) (Entered: 04/08/2005) 04/14/2005 93 ENDORSED LETTER addressed to Judge P. Kevin Castel from Andrew N. Friedman dated 4/13/05 re: Counsel writes to clarify the meaning of the Joint Stipulation and Revised Scheduling Order dated 11/12/04. 1. Fact witnesses need only be identified in the Joint Pretrial Order. Because the Final Pretrial Conference is June 10 at 2 p.m., I will require the submission of the joint pretrial Order, Voir Dire Requests, Requests to Change and Verdict Form by May 31. See any Individual Practices for meet and confer requirements on Requests to Change and Verdict form. 2. I will permit the parties to utilize any agreed upon scheduled with regard to experts so long as it results in the completion of all expert discovery by
5/31/05. Of course, plaintiffs? are required to produce their expert reports prior to defendant's time to do so. 3. The trial date remains as scheduled: 7/6/05 at 10:00 a.m. So Ordered. (Signed by Judge P. Kevin Castel on 4/13/05) (jco, ) (Entered: 04/20/2005) 04/18/2005 95 MOTION to Amend [1] Complaint, MOTION to modify [78] the Class definition to expand the class period.. (ps, ) (Entered: 04/25/2005) 04/18/2005 96 MOTION to Expedite Briefing of Plaintiffs' Motion to Amend the Compalaint and Modify the Class Definition to expand the class period.. (ps, ) (Entered: 04/25/2005) 04/19/2005 94 ORDER that the motion to expedite is granted to the extent that defts shall respond to the motion to amend by 4/26 and plntfs may reply by 4/28, as further set forth in this document. (Signed by Judge P. Kevin Castel on 4/19/05) (cd, ) (Entered: 04/20/2005) 04/29/2005 99 CERTIFICATE OF SERVICE of Plaintiff's Reply Memo, Declaration of Marka Peterson, and Certificate of Service served on Jeanne M Luboja and Francis J. Menton on 4/28/05. Service was made by Hand Delivery. Document filed by Eric Eismann(On Behalf of All Others Similarly Situated). (jco, ) (Entered: 05/03/2005) 05/02/2005 97 ORDER denying [95] Motion to Amend/Correct, denying [96] Motion to Expedite. (Signed by Judge P. Kevin Castel on 4/29/2005). In reviewing the submissions on the motion to amend, I have no learned that with the trial long scheduled for July 6, 2005 and the class certified on December 1, 2004, no notice has been sent to the class. Class counsel touts this fact as a reason to expand the class definition because no new notice will be required. I do not view counsel's delay as a justifica-tion for the motion to amend. A grant of the motion to amend would trigger a new time to an-swer or move and judging by Schwartz's futility argument, a motion to dismiss could reasona-bly be expected. I find plaintiffs' argument that "[i]t would be highly irregular for a Defendant to file a motion to dismiss at or after the close of discovery and just weeks before trial" to be disingenuous in view of the fact that the circumstance of which they complain is of their own making. There is an existing schedule. The parties have operated in reliance upon the existing schedule. No good cause has been demonstrated for adjusting that schedule and I am con-vinced that a grant of the motion to amend would disrupt the existing trial schedule, if for no other reason than the need for supplemental depositions of fact witnesses. See Parker v. Co-lumbia Pictures Indus., 204 F.3d 326, 340 (2d Cir. 2000). While Parker arose in the context of a scheduling order providing for a date by which amendments to the pleadings are to be made, the considerations are at least as substantial here where, pursuant to Rule 16, the Court has set a date for the completion of discovery and dates for a final pretrial conference and trial, all of which would necessarily be disrupted by the amendment. The motion is denied. Copies Mailed by Chambers.(D'Agostino, Andrew) (Entered: 05/02/2005) 05/09/2005 100 CONSENT ORDER that the court approves as to form and content the notice of pendency of class action and the summary notice as further set forth in this order; plaintiffs' lead counsel are authorized to retain the firm of Berdon LLP to supervise and administer the notice procedures, as set forth herein; not later than 5/23/05 or within ten business days of entry of this order, whichever is later, plaintiffs' lead counsel shall cause a copy of the notice, to be mailed by first class mail to all
members of the class who can be identified with reasonable effort as further set forth in this order; plaintiffs' lead counsel shall cause the summary notice, to be published once in the national edition of the Wall Street Journal within ten business days after initial mailing of the notice. (Signed by Judge P. Kevin Castel on 5/6/05) (dle, ) (Entered: 05/09/2005) 05/19/2005 101 ENDORSED LETTER addressed to Judge Castel from Jeanne M. Luboja dated 5/18/2005 re: Requesting permission to schedule their expert's deposition on June 2, two days after the current expert discovery cutoff. Application granted. Expert may be examined at deposition on June 2nd. (Signed by Judge P. Kevin Castel on 5/19/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 05/19/2005) 05/31/2005 102 MOTION in Limine for an order purs to Federal Rules of Evidence 401, 402 403 to exclude the Confidential Sources and all evidence that relates to them. Document filed by Bernard Schwartz. Attached is Manning Affidavit; (djc, ) Modified on 6/2/2005 (djc, ). (Entered: 06/02/2005) 05/31/2005 103 MEMORANDUM OF LAW in Support re: [102] MOTION in Limine.. Document filed by Bernard Schwartz. (djc, ) (Entered: 06/02/2005) 05/31/2005 104 MOTION in Limine for an order purs to Fed. Rules of Evidence 401, 402 and 403 to exclude all evidence dated after July 19, 2000. Document filed by Bernard Schwartz. (djc, ) Modified on 6/2/2005 (djc, ). (Entered: 06/02/2005) 05/31/2005 105 MOTION for an order inlimine excluding evidence as to and/or dismissing certain claims relating to the senior notes. Document filed by Bernard Schwartz. Attached is Luboja Affidavit; (djc, ) (Entered: 06/02/2005) 05/31/2005 106 MEMORANDUM OF LAW in Support re: [105] MOTION in Limine.. Document filed by Bernard Schwartz. (djc, ) (Entered: 06/02/2005) 05/31/2005 107 MOTION for an order in limine purs to Federal Rules of Evidence 401, 402 and 403 to exclude Plaintiffs' Exhibit 2 and all evidence that related to it(the electronic mail sent by Daniel P. McEntee in May and July 1999). Document filed by Bernard Schwartz. Attached is Luboja Affidavit. (djc, ) Modified on 6/2/2005 (djc, ). (Entered: 06/02/2005) 05/31/2005 108 MEMORANDUM OF LAW in Support re: [107] MOTION in Limine.. Document filed by Bernard Schwartz. (djc, ) (Entered: 06/02/2005) 05/31/2005 109 MOTION for an order purs to Federal Rules of Evidence 401 and 402, and the Securities Exchange Act of 1934, 15 U.S.C. section 78t, to exclude evidence and/or dismiss claims relating to Section 20(a) of the Securities Exchange Act. Attached is Luboja Affidavit. Document filed by Bernard Schwartz. (djc, ) (Entered: 06/02/2005) 05/31/2005 110 MEMORANDUM OF LAW in Support re: [109] MOTION in Limine.. Document filed by Bernard Schwartz. (djc, ) (Entered: 06/02/2005) 05/31/2005 111 MOTION in Limine to preclude reference to the lawsuit styled in Re Loral Space & Communications Ltd. Securities Litigation. w. Memorandum of Law. Document filed by Chaim Kraus, L.A. Murphy, Eddie Maiorino, Damon Davis, Iskander Batyrev, Shelly Garfinkel, Sequioa Land Development, Inc., Michael Cesar, Colin
Barry, James D. Atlas, Eric Eismann(individually), Lawrence Phillips, Kent A. Hillemeir, Sarah Harman, Pablo Lozza, Joseph Meyers, Eudice Meyers, Eric Eismann(On Behalf of All Others Similarly Situated). (djc, ) Modified on 6/2/2005 (djc, ). (Entered: 06/02/2005) 05/31/2005 112 MOTION in Limine to Preclude Reference to Plaintiffs' Counsel's Contingency Fee Agreement; w. Memorandum of Law. Document filed by Chaim Kraus, L.A. Murphy, Eddie Maiorino, Damon Davis, Iskander Batyrev, Shelly Garfinkel, Sequioa Land Development, Inc., Michael Cesar, Colin Barry, James D. Atlas, Eric Eismann(individually), Lawrence Phillips, Kent A. Hillemeir, Sarah Harman, Pablo Lozza, Joseph Meyers, Eudice Meyers, Eric Eismann(On Behalf of All Others Similarly Situated). (djc, ) (Entered: 06/02/2005) 05/31/2005 113 MOTION in Limine and supporting Memorandum to Preclude Reference to any Lack of Securities Exchange Commission Investigation. Document filed by Chaim Kraus, L.A. Murphy, Eddie Maiorino, Damon Davis, Iskander Batyrev, Shelly Garfinkel, Sequioa Land Development, Inc., Michael Cesar, Colin Barry, James D. Atlas, Eric Eismann(individually), Lawrence Phillips, Kent A. Hillemeir, Sarah Harman, Pablo Lozza, Joseph Meyers, Eudice Meyers, Eric Eismann(On Behalf of All Others Similarly Situated). (djc, ) (Entered: 06/02/2005) 05/31/2005 114 REPLY MEMORANDUM OF LAW in Support re: [104] MOTION in Limine.. Document filed by Bernard Schwartz. (djc, ) (Entered: 06/02/2005) 06/06/2005 115 ENDORSED LETTER addressed to Judge P. Kevin Castel from Mary M. Manning dated 6/2/05 re: the proposed schedule is approved; all opposition briefs to the motion in limines are due 6/14/05; all replies due 6/21/05. (Signed by Judge P. Kevin Castel on 6/3/05) Copies Faxed by Chambers.(db, ) (Entered: 06/07/2005) 06/06/2005 Set/Reset Deadlines as to [105] MOTION in Limine., [112] MOTION in Limine., [113] MOTION in Limine., [107] MOTION in Limine., [109] MOTION in Limine., [111] MOTION in Limine., [102] MOTION in Limine., [104] MOTION in Limine. Responses due by 6/14/2005 Replies due by 6/21/2005. (db, ) (Entered: 06/07/2005) 06/09/2005 116 ENDORSED LETTER addressed to Judge Castel from Jeanne M. Luboja dated 6/8/2005 re: Requesting a premotion conference. Defendant, who opposed plaintiff's motion to amend because it was made so belatedly in the case, now seeks to move for summary judgment twoo (2) days prior to the final pretrial conference. The final pretrial conference was set on November 12, 2004 as was the trial date of July 6. Moreover, contrary to 2A1 (the premotion conference provision) of my individual practices, defendant has failed--except in cursory form--- to set forth the basis for the motion. Defendant is invited to submit a detailed letter setting forth the basis for the motion, why the motion should be considered timely and how the motion can be briefed and considered by the Court in time for the commencement of trial at 10 am on July 6, in the event it is denied. I regret the timing of defendant's letter of June 8 and the 2pm conference on June 10 requires me to order that the letter be faxed to chmabers by 8:30 a.m. on June 10. The page limitation is waived. (Signed by Judge P. Kevin Castel on 6/8/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 06/09/2005) 06/10/2005 Minute Entry for proceedings held before Judge P. Kevin Castel : June 10, 2005 -
The parties are present and a final pretrial conference is held. Court Reporter Joe Quinones is present. See transcript. The Court hears argument on the pending motions in limine. The Court rules on the pending motions in limine. The plaintiff's motion to preclude reference to plaintiff's counsel's contingency fee agreement [Doc # 112] - granted. The plaintiff's motion to preclude reference to any lack of Securities Exchange Commission Investigation [Doc # 113] - granted. Defendant's motion to exclude evidence or dismiss claims relating to Section 20(a) of the Securities Exchange Act [Doc # 109] - decision reserved. Defendant's motion to exclude plaintiff's exhibit 2 [Doc # 107] - decision reserved. Plaintiff's motion to preclude reference to the lawsuit styled in re: Loral Space & Communications Ltd. Securities Litigation - granted. The parties will resubmit their requests to charge and proposed verdict form by June 24, 2005. The defendant will file its motion for summary judgment by June 10, 2005. The plaintiff will file its response by June 24, 2005. The defendant will file its reply by June 27, 2005. The plaintiff's response to the motions in limine will be filed by June 24, 2005. The defendant's reply to the motions in limine will be filed by June 27, 2005. Final Pretrial Conference held on 6/10/2005, Set Deadlines/Hearing as to. Motions due by 6/10/2005. Replies due by 6/27/2005. Responses due by 6/24/2005 (Court Reporter e Quinones) (D'Agostino, Andrew) (Entered: 06/10/2005) 06/10/2005 ORAL ORDER deferring ruling on [107] Motion in Limine, deferring ruling on [109] Motion in Limine, granting [111] Motion in Limine, granting [112] Motion in Limine, granting [113] Motion in Limine. (Signed by Judge P. Kevin Castel on 6/10/2005) (D'Agostino, Andrew) (Entered: 06/10/2005) 06/10/2005 117 PRETRIAL ORDER (Signed by Judge P. Kevin Castel on 6/10/2005) (D'Agostino, Andrew) (Entered: 06/10/2005) 06/10/2005 118 ADDENDUM TO FINAL PRETRIAL ORDER (Signed by Judge P. Kevin Castel on 6/10/2005) Copies Handed to Counsel.(D'Agostino, Andrew) (Entered: 06/10/2005) 06/10/2005 120 MOTION for Summary Judgment, purs. to Rule 56 of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. sec. 78u-4(b). Document filed by Bernard Schwartz. (ae, ) (Entered: 06/14/2005) 06/10/2005 121 MEMORANDUM OF LAW in Support re: [120] MOTION for Summary Judgment. Document filed by Bernard Schwartz. (ae, ) (Entered: 06/14/2005) 06/10/2005 122 RULE 56.1 STATEMENT. Document filed by Bernard Schwartz. (ae, ) (Entered: 06/14/2005) 06/14/2005 119 ENDORSED LETTER addressed to Judge Castel from Marka Peterson dated 6/13/2005 re: Motion schedule for the outstanding motions in limine. Parties may proceed with the proposed schedule., Set Deadlines/Hearing as to [105] MOTION in Limine., [109] MOTION in Limine., [104] MOTION in Limine.: Responses due by 6/24/2005 Replies due by 6/27/2005. (Signed by Judge P. Kevin Castel on 6/13/2005) Copies Faxed by Chambers.(D'Agostino, Andrew) (Entered: 06/14/2005) 06/14/2005 123 AMENDED CERTIFICATE OF SERVICE of Notice of Motion for Summary Judgment and Supporting Documents served on Fred T Isquith and Gregory Nespole on 6/10/05. Service was made by Federal Express Mail. Document filed by