US District Court Civil Docket as of March 28, 2013 Retrieved from the court on April 1, 2013 U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 3:10-cv-01959-CAB-BLM Schueneman v. Arena Pharmaceuticals, Inc. et al Date Filed: 09/20/2010 Assigned to: Judge Cathy Ann Bencivengo Date Terminated: 03/28/2013 Referred to: Magistrate Judge Barbara Lynn Major Jury Demand: Plaintiff Related Cases: 3:10-cv-01977-CAB-BLM Nature of Suit: 850 3:10-cv-02086-CAB-BLM 3:10-cv-02026-CAB-BLM Securities/Commodities Jurisdiction: Federal Question 3:10-cv-02111-CAB-BLM Cause: 15:77 Securities Fraud Plaintiff Todd Schueneman on behalf of himself and all others similarly situated Plaintiff William Sutliff Plaintiff Jean Sutliff Plaintiff Arena Investors Group represented by Laurence D King Kaplan Fox and Kilsheimer 350 Sansome Street Suite 400 San Francisco, CA 94104 (415)772-4700 Fax: (415)772-4707 Email: lking@kaplanfox.com represented by Daniel J Mogin The Mogin Law Firm 707 Broadway Suite 1000 San Diego, CA 92101 (619)687-6611 Fax: (619)687-6610 Email: dan@moginlaw.com represented by Daniel J Mogin represented by Richard M Heimann
Lieff Cabraser Heimann and Bernstein LLP 275 Battery Street 30th Floor San Francisco, CA 94111-3339 (415)956-0100 Fax: (415) 956-1008 Email: rheimann@lchb.com Plaintiff Anthony Caravella Plaintiff Carl Schwartz represented by Aaron M Sheanin Girard Gibbs LLP 601 California Street Suite 1400 San Francisco, CA 94108 (415)481-4800 Fax: (415)981-4846 Email: ams@pswplaw.com represented by Carl Schwartz PRO SE V. Defendant Arena Pharmaceuticals, Inc. represented by Mary Kathryn Kelley Cooley Godward Kronish 4401 Eastgate Mall San Diego, CA 92121-9109 (858)550-6000 Fax: (858)550-6420 Email: mkkelley@cooley.com Peter M Adams Cooley Godward Kronish 4401 Eastgate Mall San Diego, CA 92121 (858)550-6059 Fax: (858)550-6420 Email: padams@cooley.com
Ryan E Blair Cooley Godward Kronish 4401 Eastgate Mall San Diego, CA 92121 (858)550-6000 Fax: (858)550-6420 Email: rblair@cooley.com William E Grauer Cooley Godward Kronish 4401 Eastgate Mall San Diego, CA 92121-9109 (858)550-6000 Fax: (858)550-6420 Email: wgrauer@cooley.com Defendant Jack Lief represented by Mary Kathryn Kelley Peter M Adams Ryan E Blair William E Grauer Defendant Robert E. Hoffman represented by Mary Kathryn Kelley Peter M Adams
Ryan E Blair William E Grauer Defendant Dominic P. Behan represented by Mary Kathryn Kelley Peter M Adams Ryan E Blair William E Grauer Defendant William R. Shanahan represented by Mary Kathryn Kelley Peter M Adams Ryan E Blair William E Grauer
Defendant Christy Anderson represented by Mary Kathryn Kelley Peter M Adams Ryan E Blair William E Grauer Chris Georgakopoulos represented by Blake M Harper Hulett Harper Stewart LLP 225 Broadway Suite 1350 San Diego, CA 92101 (619)338-1133 Fax: (619)338-1139 Email: bmh@hulettharper.com Sarah Weber Hulett Harper Stewart LLP 525 B Street Suite 760 San Diego, CA 92101 (619)338-1133 Fax: (619)338-1139 Email: Sweber@hulettharper.com Larry Sprowl represented by Blake M Harper
Sarah Weber Maxat Amankossov David Prince Ford L. Williams Carl Schwartz represented by Daniel J Mogin represented by Daniel J Mogin represented by Erik David Peterson Kessler Topaz Meltzer & Check, LLP One Sansome Street Suite 1850 San Francisco, CA 94104 (415) 400-3000 Fax: (415) 400-3001 Email: epeterson@ktmc.com represented by Jeffrey P. Campisi Kaplan, Fox & Kilsheimer, LLP 850 Third Avenue 14th Floor New York, NY 10022 (212) 687-1980 Fax: (212) 687-7714 Email: jcampisi@kaplanfox.com PRO HAC VICE Laurence D King Mario Man-Lung Choi
Kaplan Fox & Kilsheimer, LLP 350 Sansome Street Suite 400 San Francisco, CA 94104 (415) 772-4700 Fax: (415) 772-4707 Email: mchoi@kaplanfox.com Robert N Kaplan Kaplan Kilsheimer and Fox 805 Third Avenue 14th Floor New York, NY 10022 (212)687-1980 Fax: (212)687-7714 Email: rkaplan@kaplanfox.com Robert N. Kaplan Kaplan, Fox & Kilsheimer, LLP 850 Third Avenue 14th Floor New York, NY 10022 (212) 687-1980 PRO HAC VICE John Lee Babak Ghayour represented by Laurence M. Rosen The Rosen Law Firm, P.A. 355 South Grand Avenue, Suite 2450 Los Angeles, CA 90071 (213) 785-2610 Fax: (213) 226-4684 Email: lrosen@rosenlegal.com represented by Brian O O'Mara Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423
Email: bo'mara@rgrdlaw.com Date Filed I # Docket Text 09/20/2010 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 350 receipt number 18187.), filed by Todd Schueneman.(cge) (cap). (Entered: 09/21/2010) 09/20/2010 2 Summons Issued as to All Defendants. (jer) (Entered: 09/21/2010) 09/20/2010 3 NOTICE of Party With Financial Interest by Todd Schueneman. (jer) (Entered: 09/21/2010) 09/22/2010 4 Joint MOTION Regarding Response to Class Action Complaint by Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan. (Attachments: # 1 Proof of Service)(Blair, Ryan) Modified on 9/23/2010 to correct event and clarify text (mjj) (Entered: 09/22/2010) 09/23/2010 5 ORDER Granting 4 Joint Motion Re: Response to Class Action Complaint. Signed by Judge M. James Lorenz on 9/23/2010. (mjj) (jrl). (Entered: 09/23/2010) 10/07/2010 6 NOTICE of Appearance by Mary Kathryn Kelley on behalf of Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan (Attachments: # 1 Proof of Service)(Kelley, Mary) (mjj) (Entered: 10/07/2010) 10/07/2010 7 NOTICE of Appearance by Peter M Adams on behalf of Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan (Attachments: # 1 Proof of Service)(Adams, Peter) (mjj) (Entered: 10/07/2010) 10/07/2010 8 NOTICE of Appearance by William E Grauer on behalf of Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan (Attachments: # 1 Proof of Service)(Grauer, William) (mjj) (Entered: 10/07/2010) 10/15/2010 9 Minute Order. Judge Judge M. James Lorenz recuses from this case and requests another district judge be assigned. Judge Barry Ted Moskowitz randomly assigned. The new case number is 10CV1959-BTM(BLM).(mtb) (Entered: 10/15/2010) 10/27/2010 10 ORDER Granting 4 Joint MOTION Regarding Response to Class Action Complaint filed. Signed by Judge Barry Ted Moskowitz on 10/21/2010.(jer) (jrl). (Entered: 10/27/2010) 11/15/2010 11 WAIVER OF SERVICE Returned Executed by Todd Schueneman. All Defendants. (King, Laurence) (jer). (Entered: 11/15/2010) 11/19/2010 12 MOTION to Appoint Counsel, MOTION to Consolidate Cases, MOTION for Lead Plaintiff by Chris Georgakopoulos, Larry Sprowl. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Blake Muir Harper, # 3 Proof of Service)(Harper, Blake)(jer). (Entered: 11/19/2010) 11/19/2010 13 NOTICE of Appearance by Sarah Weber on behalf of Chris Georgakopoulos, Larry Sprowl (Weber, Sarah)(jer). (Entered: 11/19/2010)
11/19/2010 14 DOCUMENT WITHDRAWN, per 27 - MOTION to Appoint Counsel Notice of Motion and Motion to Appoint Lead Plaintiffs and Lead and Liaison Counsel by William Sutliff, Jean Sutliff, Maxat Amankossov, David Prince. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Mogin, Daniel)(jer). Modified on 1/4/2011 to note document was withdrawn; termed motion (jer). (Entered: 11/19/2010) 11/19/2010 15 MOTION to Consolidate Cases Arena Investors Groups Notice Of Motion And Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of Its Selection Of Lead Counsel by Arena Investors Group. (Attachments: # 1 Memo of Points and Authorities Memorandum Of Points And Authorities In Support Of The Arena Investors Groups Notice Of Motion And Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of Its Selection Of Lead Counsel, # 2 Declaration Declaration Of Richard M. Heimann In Support Of The Arena Investors Groups Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of Selection Of Lead Counsel, and Exhibits, # 3 Proof of Service)(Heimann, Richard) (jer). (Entered: 11/19/2010) 11/19/2010 16 MOTION to Appoint Counsel, MOTION to Consolidate Cases and Appointment as Lead Plaintiff by Anthony Caravella. (Attachments: # 1 Memo of Points and Authorities in Support of the Motion of Antony Caravella, # 2 Declaration of Aaron M. Sheanin)(Sheanin, Aaron) (jer). (Entered: 11/19/2010) 11/19/2010 17 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel by Ford L. Williams. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Peterson, Erik) (jer). (Entered: 11/19/2010) 11/19/2010 18 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP, MOTION to Consolidate Cases, MOTION to Appoint Carl Schwartz as Lead Plaintiff by Carl Schwartz. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Part 1 of 3, # 3 Declaration Part 2 of 3, # 4 Declaration Part 3 of 3, # 5 Proof of Service)(King, Laurence) (jer). (Entered: 11/19/2010) 11/19/2010 19 MOTION to Appoint Counsel and Lead Plaintiff, MOTION to Consolidate Cases by John Lee. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(Rosen, Laurence) (jer). (Entered: 11/19/2010) 11/19/2010 20 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff, MOTION to Appoint Counsel by Babak Ghayour. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Brian O. O'Mara, # 3 Exhibit A to the O'Mara Decl., # 4 Exhibit B to the O'Mara Decl., # 5 Exhibit C to the O'Mara Decl., # 6 Exhibit D to the O'Mara Decl., # 7 Exhibit E to the O'Mara Decl., # 8 Exhibit F to the O'Mara Decl., # 9 Exhibit G to the O'Mara Decl., # 10 Exhibit H to the O'Mara Decl.)(O'Mara, Brian)(jer). (Entered: 11/19/2010) 12/30/2010 21 RESPONSE in Support re 17 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel filed by Ford L. Williams. (Abadou, Ramzi) (jer). (Entered: 12/30/2010) 12/30/2010 22 RESPONSE to Motion re 17 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel, 19 MOTION to Appoint Counsel and Lead Plaintiff MOTION to Consolidate Cases, 15 MOTION to Consolidate Cases Arena Investors Groups Notice
Of Motion And Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of Its Selection Of Lead Counsel, 12 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION for Lead Plaintiff, 18 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP MOTION to Consolidate Cases MOTION to Appoint Carl Schwartz as Lead Plaintiff, 20 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel, 14 MOTION to Appoint Counsel Notice of Motion and Motion to Appoint Lead Plaintiffs and Lead and Liaison Counsel, 16 MOTION to Appoint Counsel MOTION to Consolidate Cases and Appointment as Lead Plaintiff filed by John Lee. (Rosen, Laurence) (jer). (Entered: 12/30/2010) 12/30/2010 23 NON Opposition re 17 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel, 19 MOTION to Appoint Counsel and Lead Plaintiff MOTION to Consolidate Cases, 18 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP MOTION to Consolidate Cases MOTION to Appoint Carl Schwartz as Lead Plaintiff, 20 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel, 14 MOTION to Appoint Counsel Notice of Motion and Motion to Appoint Lead Plaintiffs and Lead and Liaison Counsel filed by Arena Investors Group. (Attachments: # 1 Proof of Service)(Heimann, Richard) (jer). (Entered: 12/30/2010) 12/30/2010 24 RESPONSE to Motion re 17 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel, 19 MOTION to Appoint Counsel and Lead Plaintiff MOTION to Consolidate Cases, 15 MOTION to Consolidate Cases Arena Investors Groups Notice Of Motion And Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of Its Selection Of Lead Counsel, 12 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION for Lead Plaintiff, 18 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP MOTION to Consolidate Cases MOTION to Appoint Carl Schwartz as Lead Plaintiff, 20 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel, 14 MOTION to Appoint Counsel Notice of Motion and Motion to Appoint Lead Plaintiffs and Lead and Liaison Counsel, 16 MOTION to Appoint Counsel MOTION to Consolidate Cases and Appointment as Lead Plaintiff Defendants' Statement in Response to s' Motions to Consolidate Related Cases, To Appoint Lead Plaintiff and Counsel for Lead Plaintiff filed by Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan. (Attachments: # 1 Proof of Service)(Grauer, William) (jer). (Entered: 12/30/2010) 12/30/2010 25 RESPONSE in Opposition re 17 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel, 15 MOTION to Consolidate Cases Arena Investors Groups Notice Of Motion And Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of Its Selection Of Lead Counsel, 12 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION for Lead Plaintiff, 18 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP MOTION to Consolidate Cases MOTION to Appoint Carl Schwartz as Lead Plaintiff, 16 MOTION to Appoint Counsel MOTION to Consolidate Cases and Appointment as Lead Plaintiff, 19 MOTION to Appoint Counsel and Lead Plaintiff MOTION to Consolidate Cases, 14 MOTION to Appoint Counsel Notice of Motion and Motion to Appoint Lead Plaintiffs and Lead and Liaison Counsel filed by Babak Ghayour. (Attachments: # 1 Declaration of Brian O. O'Mara in Opposition to Competing Motions, # 2 Exhibit 1 to O'Mara Opp. Decl., # 3 Exhibit 2 to O'Mara Opp. Decl., # 4 Exhibit 3 to O'Mara Opp. Decl., # 5 Exhibit 4 to O'Mara Opp Decl., # 6 Exhibit 5 to O'Mara Opp. Decl., # 7 Exhibit 6 to O'Mara Opp. Decl., # 8 Exhibit 7 to O'Mara Opp. Decl.)(O'Mara, Brian) (jer). (Entered: 12/30/2010)
12/30/2010 01/04/2011 26 RESPONSE in Opposition re 17 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel, 19 MOTION to Appoint Counsel and Lead Plaintiff MOTION to Consolidate Cases, 15 MOTION to Consolidate Cases Arena Investors Groups Notice Of Motion And Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of Its Selection Of Lead Counsel, 12 MOTION to Appoint Counsel MOTION to Consolidate Cases MOTION for Lead Plaintiff, 20 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel, 14 MOTION to Appoint Counsel Notice of Motion and Motion to Appoint Lead Plaintiffs and Lead and Liaison Counsel, 16 MOTION to Appoint Counsel MOTION to Consolidate Cases and Appointment as Lead Plaintiff filed by Carl Schwartz. (King, Laurence) (jer). (Entered: 12/30/2010) 27 NOTICE of Withdrawal of 14 Motion for Lead Counsel by Maxat Amankossov, David Prince, Jean Sutliff, William Sutliff (Mogin, Daniel) edited text; wrong case number in caption(jer). (Entered: 01/04/2011) 01/07/2011 28 REPLY to Response to Motion re 20 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel filed by Babak Ghayour. (Attachments: # 1 Exhibit A)(O'Mara, Brian) (jer). (Entered: 01/07/2011) 01/07/2011 29 REPLY to Response to Motion re 17 MOTION to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel, 19 MOTION to Appoint Counsel and Lead Plaintiff MOTION to Consolidate Cases, 15 MOTION to Consolidate Cases Arena Investors Groups Notice Of Motion And Motion For Consolidation, Appointment As Lead Plaintiff, And Approval Of Its Selection Of Lead Counsel, 18 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP MOTION to Consolidate Cases MOTION to Appoint Carl Schwartz as Lead Plaintiff, 20 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel, 16 MOTION to Appoint Counsel MOTION to Consolidate Cases and Appointment as Lead Plaintiff filed by Carl Schwartz. (Attachments: # 1 Declaration of Laurence D. King)(King, Laurence) (jer). (Entered: 01/07/2011) 01/18/2011 30 NOTICE by Babak Ghayour re 20 MOTION to Consolidate Cases, for Appointment as Lead Plaintiff MOTION to Appoint Counsel Notice of Recent Supplemental Authority (Attachments: # 1 Exhibit A)(O'Mara, Brian) (jer). (Entered: 01/18/2011) 01/19/2011 31 RESPONSE re 30 Notice of Recent Supplemental Authority filed by Babak Ghayour filed by Carl Schwartz. (King, Laurence) (jer). (Entered: 01/19/2011) 08/03/2011 32 NOTICE of Change of Address by Laurence M. Rosen (Rosen, Laurence) (ecs). (Entered: 08/03/2011) 08/08/2011 33 ORDER GRANTING 12, 15, 16, 17, 18, 19, 20 motions to consolidate the Class Actions and DENIES Defendants(10cv2111 - doc #23) motion to consolidate the Sharp action. The Court GRANTS Schwartzs 18 motion for appointment as lead plaintiff and approval of lead counsel and DENIES the competing motions. Signed by Judge Barry Ted Moskowitz on 8/8/2011. (mtb)(jrd) (Entered: 08/08/2011) 08/12/2011 34 ORDER Setting Telephonic Case Management Conference. The Court will conduct a telephonic, attorneys-only Case Management Conference on August 31, 2011 at 9:30 a.m. to discuss the status of the consolidated cases. The Court will initiate the conference call. Signed by Magistrate Judge Barbara Lynn Major on 8/12/11. (ecs)(jrd) (Entered: 08/12/2011)
08/12/2011 35 NOTICE of Voluntary Dismissal by Jean Sutliff, William Sutliff (Mogin, Daniel) (knh). (Entered: 08/12/2011) 08/17/2011 36 NOTICE by Jean Sutliff, William Sutliff re 35 Notice of Voluntary Dismissal Notice of Withdrawal of Document (Mogin, Daniel) (ecs). (Entered: 08/17/2011) 08/18/2011 37 Joint MOTION for Extension of Time to File Setting Schedule for Filing of and Responding to Consolidated Complaint by Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan. (Attachments: # 1 Proof of Service)(Blair, Ryan) (ecs). (Entered: 08/18/2011) 08/22/2011 38 ORDER Granting 37 Joint Motion Setting Schedule for Filing of and Responding to Consolidated Complaint. Signed by Judge Barry Ted Moskowitz on 8/22/11. (ecs)(jrd) (Entered: 08/22/2011) 08/23/2011 39 PRO HAC VICE APPLICATION AND ORDER: Attorney Jeffrey P. Campisi appearing for Carl Schwartz. Signed by Judge Barry Ted Moskowitz on 8/22/2011. (aef)(jrd) (Entered: 08/24/2011) 08/23/2011 40 PRO HAC VICE APPLICATION AND ORDER: Attorney Robert N. Kaplan appearing for Carl Schwartz. Signed by Judge Barry Ted Moskowitz on 8/22/2011. (All non-registered users served via U.S. Mail Service)(aef)(jrd) (Entered: 08/24/2011) 08/23/2011 41 ORDER vacating Telephonic Case Management Conference scheduled for 8/31/2011. Signed by Magistrate Judge Barbara Lynn Major on 8/23/2011. (All non-registered users served via U.S. Mail Service)(aef)(jrd) (Entered: 08/24/2011) 08/29/2011 42 NOTICE of Appearance by Robert N Kaplan on behalf of Carl Schwartz (Kaplan, Robert) (ecs). (Entered: 08/29/2011) 11/01/2011 43 AMENDED COMPLAINT with Jury Demand against Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan, filed by Carl Schwartz. (King, Laurence) (ecs). (Entered: 11/01/2011) 12/30/2011 44 MOTION to Dismiss Consolidated Amended Class Action Complaint by Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Declaration of Ryan E. Blair, # 4 Exhibit A-G, # 5 Exhibit H-P, # 6 Exhibit Q-U, # 7 Exhibit V-W, # 8 Exhibit X-AC, # 9 Exhibit AD-AL, # 10 Exhibit AM-AS, # 11 Exhibit AT-AW, # 12 Proof of Service)(Blair, Ryan) (ecs). (Entered: 12/30/2011) 12/30/2011 45 NOTICE by Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan re 44 MOTION to Dismiss Consolidated Amended Class Action Complaint Amended Notice of Motion and Motion to Dismiss Consolidated Amended Class Action Complaint (Attachments: # 1 Proof of Service)(Grauer, William) (ecs). Modified on 9/5/2012 to term document (Notice) (nsp). (Entered: 12/30/2011) 01/11/2012 46 NOTICE by Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan re 44 MOTION to Dismiss Consolidated Amended Class Action Complaint Supplemental Notice of Regulatory Action by U.S. Food and Drug Administration in Support of Motion to Dismiss Consolidated Amended
Class Action Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proof of Service)(Grauer, William) (ecs). (Entered: 01/11/2012) 02/14/2012 47 MOTION to Strike Documents Extraneous to the Consolidated Amended Class Action Complaint by Carl Schwartz. (Attachments: # 1 Memo of Points and Authorities)(King, Laurence) (ecs). (Entered: 02/14/2012) 02/14/2012 48 RESPONSE in Opposition re 44 MOTION to Dismiss Consolidated Amended Class Action Complaint filed by Carl Schwartz. (King, Laurence) (ecs). (Entered: 02/14/2012) 02/15/2012 49 NOTICE of Appearance by Mario Man-Lung Choi on behalf of Carl Schwartz (Choi, Mario) (ecs). (Entered: 02/15/2012) 02/22/2012 50 TRANSFER ORDER: This consolidated case is transferred from the calendar of the Hon. Barry Ted Moskowitz to the calendar of the Hon. Cathy Ann Bencivengo. All motion hearing dates and other hearing dates on Judge Moskowitz's calendar are hereby Vacated to be reset by Judge Bencivengo. The new case numbers are 10-cv-1959-CAB- BLM, 10-cv-01977-CAB-BLM, 10-cv-01984-CAB-BLM, 10-cv-02026-CAB-BLM, 10-cv-02086-CAB-BLM and 10-cv-02335-CAB-BLM. Signed by Judge Barry Ted Moskowitz on 2/22/12.(All non-registered users served via U.S. Mail Service)(ecs)(jrd) Modified on 7/11/2012 to add consolidated case numbers (tel). (Entered: 02/22/2012) 02/27/2012 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Set/Reset Deadlines as to 47 MOTION to Strike Documents Extraneous to the Consolidated Amended Class Action Complaint, 45 MOTION to Dismiss. Motion Hearing set for 4/13/2012 01:30 PM before Judge Cathy Ann Bencivengo. No oral argument unless requested by the Court. (ma) (Entered: 02/27/2012) 03/15/2012 51 RESPONSE in Support re 44 MOTION to Dismiss Consolidated Amended Class Action Complaint filed by Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan. (Attachments: # 1 Request for Judicial Notice (Supplemental), # 2 Declaration of Ryan E. Blair ISO Motion, # 3 Exhibit AX/AY to Declaration, # 4 Proof of Service)(Grauer, William)(yeb). (Entered: 03/15/2012) 03/15/2012 52 RESPONSE in Opposition re 47 MOTION to Strike Documents Extraneous to the Consolidated Amended Class Action Complaint filed by Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan. (Attachments: # 1 Proof of Service)(Grauer, William)(yeb). (Entered: 03/15/2012) 04/06/2012 53 REPLY to Response to Motion re 47 MOTION to Strike Documents Extraneous to the Consolidated Amended Class Action Complaint filed by Carl Schwartz. (King, Laurence)(yeb). (Entered: 04/06/2012) 10/09/2012 54 NOTICE by Christy Anderson, Arena Pharmaceuticals, Inc., Dominic P. Behan, Robert E. Hoffman, Jack Lief, William R. Shanahan re 44 MOTION to Dismiss Consolidated Amended Class Action Complaint Supplemental Notice of Regulatory Action by U.S. Food and Drug Administration and Notice of Supplemental Authority in Support of Motion to Dismiss Consolidated Amended Class Action Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proof of Service)(Grauer, William)(yeb). (Entered: 10/09/2012)
10/11/2012 55 RESPONSE re 54 Notice (Other) Lead Plaintiff's Response to Defendants' Supplemental Notice of Regulatory Action by the U.S. Food and Drug Administration and Notice of Supplemental Authority filed by Carl Schwartz. (King, Laurence)(yeb). (Entered: 10/11/2012) 03/28/2013 56 ORDER granting 44 and 45 Motion to Dismiss without prejudice to Plaintiff filing an amended complaint on or before April 25, 2013 and denying 47 Motion to Strike as moot. Signed by Judge Cathy Ann Bencivengo on 03/28/2013. (All non-registered users served via U.S. Mail Service)(yeb) (Entered: 03/29/2013) 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