US District Court Civil Docket as of 02/02/2009 Retrieved from the court on Friday, July 10, 2009 U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:08-cv-80055-DTKH Mastrella et al v. WCI Communities, Inc. et al Assigned to: Judge Daniel T. K. Hurley Referred to: Magistrate Judge Ann E. Vitunac Cause: 15:0078 Securities Exchange Act Plaintiff Paul Mastrella Date Filed: 01/23/2008 Date Terminated: 08/20/2008 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Paul Mastrella Beasley Hauser Kramer Leonard & Galardi PA 505 S Flagler Drive Suite 1500 West Palm Beach, FL 33401 561-835-0900 Fax: 835-0939 Beasley Hauser Kramer Leonard & Galardi PA 505 S Flagler Drive Suite 1500 West Palm Beach, FL 33401 561-835-0900 Fax: 835-0939 Email: Leonard@beasleylaw.net Beasley Hauser Kramer Leonard & Galardi PA 505 S Flagler Drive Suite 1500
West Palm Beach, FL 33401 561-835-0900 Fax: 835-0939 Email: Kramer@beasleylaw.net Plaintiff Samuel Lasorda represented by Samuel Lasorda Plaintiff George Melillo represented by George Melillo
Plaintiff Michael Occhiato represented by Michael Occhiato Plaintiff Brian Shaver represented by Brian Shaver V. Defendant WCI Communities, Inc. represented by Joseph Ianno, Jr.
Carlton Fields PA CityPlace Tower Suite 1200 525 Okeechobee Boulevard West Palm Beach, FL 33401 561-659-7070 Fax: 561-659-7368 Email: jianno@carltonfields.com Justin Engel Simpson Thacher & Bartlett LLP 425 Lexington Avenue New York, NY 10017-3954 212-455-2000 Fax: 212-455-2502 Email: jengel@stblaw.com Marcia Griffith Simpson Thacher & Bartlett LLP 425 Lexington Avenue New York, NY 10017-3954 212-455-2000 Fax: 212-455-2502 Email: mgriffith@stblaw.com Mary Elizabeth McGarry Simpson Thacher & Bartlett LLP 425 Lexington Avenue New York, NY 10017-3954 212-455-2000 Fax: 212-455-2502 Email: mmcgarry@stblaw.com Defendant Resort At Singer Island Properties, Inc. represented by Joseph Ianno, Jr. Justin Engel Marcia Griffith
Mary Elizabeth McGarry Date Filed # Docket Text 01/23/2008 1 COMPLAINT against WCI Communities, Inc., Resort At Singer Island Properties, Inc. Filing fee $ 350. Receipt#: Not Given, filed by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo.(vp) (Entered: 01/24/2008) 01/23/2008 2 Summons Issued as to WCI Communities, Inc., Resort At Singer Island Properties, Inc.. (vp) (Entered: 01/24/2008) 02/15/2008 3 Joint MOTION for Extension of Time to File Response to Complaint and to Establish Briefing Deadlines by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo. (Attachments: # 1 Text of Proposed Order)(Leonard, Patricia) Modified on 2/19/2008 (ls). (Entered: 02/15/2008) 02/19/2008 4 NOTICE of Instruction to Filer: re 3 Joint MOTION for Extension of Time to File Response to Complaint and to Establish Briefing Deadlines filed by Paul Mastrella,, Samuel Lasorda,, George Melillo,, Michael Occhiato,, Brian Shaver, Error: Motion with Multiple Reliefs Filed as One Relief; Instruction to Filer=In the future please select all applicable Reliefs; Wrong Event Selected; Instruction to Filer=In the future please select the proper Event, i.e. Motion for Extension of Time to File Response/Reply/Answer; (ls) (Entered: 02/19/2008) 02/19/2008 5 ORDER granting in part and denying in part 3 Motion for Extension of Time to respond to complaint and modify briefing schedule. Signed by Judge Daniel T. K. Hurley on 2/19/08. (lr) (Entered: 02/19/2008) 02/19/2008 6 NOTICE OF RECUSAL. Magistrate Judge James M. Hopkins recused. Case reassigned to Magistrate Judge Ann E. Vitunac.Signed by Magistrate Judge James M. Hopkins on 02/19/08.(mb) (Entered: 02/19/2008) 03/07/2008 7 NOTICE of Attorney Appearance by Joseph Ianno, Jr on behalf of WCI Communities, Inc., Resort At Singer Island Properties, Inc. (Ianno, Joseph) (Entered: 03/07/2008) 03/28/2008 8 MOTION to Consolidate Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo. Responses due by 4/11/2008 (Attachments: # 1 Affidavit Declaration of James W. Beasley in Support of Motion to Consolidate# 2 Text of Proposed Order)(Leonard, Patricia) (Entered: 03/28/2008) 04/03/2008 9 ORDER SETTING TRIAL Date and Discovery Deadlines, ORDER REFERRING CASE to Magistrate Judge Ann E. Vitunac for Discovery, ORDER REFERRING CASE to Mediation. Trial set for 1/5/2009 in West Palm Beach Division before Judge Daniel T. K. Hurley. Calendar Call set for 12/12/2008 02:00 PM in West Palm Beach Division before Judge Daniel T. K. Hurley.Signed by Judge Daniel T. K. Hurley on 4/3/08.(gp) Modified to remove time of trial on 4/4/2008 (gp). (Entered: 04/04/2008)
04/07/2008 10 SUPPLEMENT to 8 MOTION to Consolidate Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo. (Attachments: # 1 Text of Proposed Order)(Leonard, Patricia) (Entered: 04/07/2008) 04/08/2008 11 NOTICE by WCI Communities, Inc., Resort At Singer Island Properties, Inc. re 10 Supplement, OF CLARIFICATION (Ianno, Joseph) (Entered: 04/08/2008) 04/11/2008 12 Joint MOTION to Vacate 9 Scheduling Order,, Order Referring Case to Magistrate Judge,, Order Referring Case to Mediation, and Suggestion for Assignment of Action to Complex Track by Michael Occhiato, Brian Shaver, WCI Communities, Inc., Resort At Singer Island Properties, Inc., Paul Mastrella, Samuel Lasorda, George Melillo. Responses due by 4/25/2008 (Leonard, Patricia) (Entered: 04/11/2008) 04/11/2008 13 Corporate Disclosure Statement by WCI Communities, Inc., Resort At Singer Island Properties, Inc.. (Ianno, Joseph) (Entered: 04/11/2008) 04/14/2008 14 RESPONSE to Motion re 8 MOTION to Consolidate Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel filed by WCI Communities, Inc., Resort At Singer Island Properties, Inc.. Replies due by 4/21/2008. (Attachments: # 1 Text of Proposed Order proposed order)(ianno, Joseph) (Entered: 04/14/2008) 04/14/2008 15 MOTION to Admit Marcia Griffith Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filings, Filing Fee $75, Receipt #724025. (cw) (Entered: 04/14/2008) 04/14/2008 16 ORDER granting 12 Motion to reset trial. Case reset to April 2009 docket. Signed by Judge Daniel T. K. Hurley on 4/14/08. (lr) (Entered: 04/14/2008) 04/14/2008 17 MOTION to Admit Justin Engel Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filings, Filing Fee $75, Receipt #724025. (cw) (Entered: 04/14/2008) 04/14/2008 18 MOTION to Admit Mary Elizabeth McGarry Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filings, Filing Fee $75, Receipt #724025. (cw) (Entered: 04/14/2008) 04/14/2008 Reset Scheduling Order Deadlines: Calendar Call set for 3/27/2009 02:00 PM, Jury Trial set for 4/6/2009 09:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. (lr) (Entered: 04/14/2008) 04/15/2008 19 ENDORSED ORDER granting 15 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings, granting 17 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings, granting 18 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. The motions for limited appearance are granted. Marcia Griffith, Esq., Mary Elizabeth McGarry, Esq., and Justin Engel, Esq. are permitted to appear on behalf of defendants in this matter. Signed by Judge Daniel T. K. Hurley on 4/15/08. (lc2) (Entered: 04/15/2008) 04/15/2008 20 REPLY to Response to Motion re 8 MOTION to Consolidate Cases, Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel filed by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo. (Attachments: # 1
Exhibit A to Reply to Motion to Consolidate# 2 Exhibit B to Reply to Motion to Consolidate)(Kramer, Raymond) (Entered: 04/15/2008) 05/22/2008 21 NOTICE of Change of Address by Joseph Ianno, Jr (Ianno, Joseph) (Entered: 05/22/2008) 05/28/2008 22 ORDER denying 8 Motion to Consolidate Cases, Appoint Lead Plaintiff and Approve choice of Lead Counsel. Signed by Judge Daniel T. K. Hurley on 5/28/08. (lr) (Entered: 05/28/2008) 06/02/2008 23 NOTICE by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo of Filing Certifications Pursuant to the Private Securities Reform Act of 1995 (Attachments: # 1 Exhibit Certification of Mastrella, # 2 Exhibit Certification of Lasorda, # 3 Exhibit Certification of Melillo, # 4 Exhibit Certification of Occhiato, # 5 Exhibit Certification of Shaver)(Kramer, Raymond) (Entered: 06/02/2008) 06/05/2008 24 NOTICE by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo of Filing Notice of Publication (Kramer, Raymond) (Entered: 06/05/2008) 08/01/2008 25 Plaintiff's MOTION to Appoint Lead Plaintiff Paul Mastrella and Approve Lead Plaintiff's Choice of Counsel by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo. Responses due by 8/18/2008 (Kramer, Raymond) (Entered: 08/01/2008) 08/01/2008 26 MEMORANDUM OF LAW in Support of the Mastrella Group's Motion to Appoint Lead Plaintiff and Approve Lead Plaintiff's Choice of Counsel by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo. (Attachments: # 1 Exhibit Declaration of James W. Beasley, Jr. and exhibits thereto, # 2 Text of Proposed Order)(Kramer, Raymond) (Entered: 08/01/2008) 08/06/2008 27 SUGGESTION OF BANKRUPTCY as to Defendants by WCI Communities, Inc., Resort At Singer Island Properties, Inc. (Attachments: # 1 Exhibit Notice of Filing Bankruptcy Petition)(Ianno, Joseph) (Entered: 08/06/2008) 08/20/2008 28 ORDER Staying and Administratively Closing Action. This Order is without prejudice to the rights of any party in this case. Signed by Judge Daniel T. K. Hurley on 8/18/08. (gp) (Entered: 08/21/2008) 01/20/2009 29 MOTION to Withdraw as Attorney by Beasley, Hauser, Kramer, Leonard & Galardi, PA. by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo. Responses due by 2/6/2009 (Attachments: # 1 Text of Proposed Order)(Kramer, Raymond) (Entered: 01/20/2009) 01/22/2009 30 RESPONSE in Opposition re 29 MOTION to Withdraw as Attorney by Beasley, Hauser, Kramer, Leonard & Galardi, PA. filed by WCI Communities, Inc., Resort At Singer Island Properties, Inc.. (Attachments: # 1 Text of Proposed Order on Motion to Withdraw)(Ianno, Joseph) (Entered: 01/22/2009) 01/26/2009 31 REPLY to Response to Motion re 29 MOTION to Withdraw as Attorney by Beasley, Hauser, Kramer, Leonard & Galardi, PA. filed by Michael Occhiato, Brian Shaver, Paul Mastrella, Samuel Lasorda, George Melillo. (Kramer, Raymond) (Entered: 01/26/2009) 02/02/2009 32 ORDER granting 29 Motion to Withdraw as Attorney. Attorney ; James Wallace Beasley, Jr and Raymond Edward Kramer, III terminated. Notice of
Termination delivered by US Mail to James Beasley. Plaintiffs shall notify court within 30 days whether they intend to retain new counsel. Signed by Judge Daniel T. K. Hurley on 2/2/09. (lr) (Entered: 02/02/2009) 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