US District Court Civil Docket as of 08/06/2002 Retrieved from the court on Tuesday, June 06, 2006 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:00-cv-06769-JSM Halperin, et al v. ebankerusa.com, Inc., et al Assigned to: Judge John S. Martin Demand: $70,000,000 Cause: 15:78m(a) Securities Exchange Act Plaintiff M.D. Michael Halperin Date Filed: 09/08/2000 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Debra Joy Guzov Guzov Ofsink Flink LLC 600 Madison Avenue, Floor 22 New York, NY 10022 212-371-8008 Fax: 212 688 7273 Email: dguzov@golawintl.com Plaintiff D.D.S. Donald Kern and all other plantiffs similarly situated represented by Debra Joy Guzov V. ebankerusa.com, Inc. Stroock & Stroock & Lavan 180 Maiden Lane NY, NY 10038-2594 806-5400 evisionusa.com, Inc.
American Frontier Financial Corporation Fai Chan Tong Wan Chan Robert Trapp Kwok Jen Fong David Chen Gary Cook Jeffrey Busch Robert Jeffers, Jr.
Date Filed # Docket Text 09/08/2000 1 CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 383876. (bm) Modified on 09/11/2000 (Entered: 09/11/2000) 09/08/2000 Magistrate Judge Theodore H. Katz is so Designated. (bm) (Entered: 09/11/2000) 10/05/2000 16 Affidavit of service as to American Frontier by personal service on 9/13/00. Answer due on 10/3/00 for American Frontier. (pl) (Entered: 10/05/2000 17 Affidavit of service as to Fai Chan by personal service on 9/13/00. Answer due on 10/3/00 for Fai Chan. (pl) (Entered: 10/05/2000 18 Affidavit of service as to Robert Trapp by personal service on 9/13/00. Answer due on 10/3/00 for Robert Trapp. (pl) (Entered: 10/05/2000 19 Affidavit of service as to Tong Wan Chan by personal service on 9/13/00. Answer due on 10/3/00 for Tong Wan Chan. (pl) (Entered: 10/06/2000 2 CERTIFICATION of Donald Kern, D.D.S. by Michael Halperin, Donald Kern. (lf) (Entered: 10/10/2000) 10/06/2000 3 CERTIFICATION of Michael Halperin, M.D. by Michael Halperin, Donald Kern (lf) (Entered: 10/10/2000) 10/06/2000 4 Affidavit of service, see attached rider, as to ebankerusa.com, Inc. by Gretchen Neal, Managing Agent, on 9/15/00. (sac) (Entered: 10/06/2000 5 Affidavit of service, see attached rider, as to evisionusa.com, Inc. by Gary Cook, Registered Agent, on 9/18/00. (sac) (Entered: 10/06/2000 6 Affidavit of service, see attached rider, as to American Frontier by Gary Cook, Registered Agent, on 9/18/00. (sac) (Entered: 10/06/2000 7 Affidavit of service, see attached rider, as to American Frontier by Sara Herring, managing agent, on 9/15/00. (sac) (Entered: 10/06/2000 8 Affidavit of service, see attached rider, as to Fai Chan by Robert Trapp, co-worker, on 9/22/00. Answer due on 10/12/00 for Fai Chan. (sac) (Entered: 10/06/2000 9 Affidavit of service, see attached rider, as to Robert Trapp by personal service on 9/18/00. (sac) (Entered: 10/06/2000 10 Affidavit of service, see attached rider, as to Kwok Jen Fong by Robert Trapp, coworker, on 9/22/00. Answer due on 10/12/00 for Kwok Jen Fong. (sac) (Entered: 10/06/2000 11 Affidavit of service, see attached rider, as to David Chen by Robert Trapp, coworker, on 9/22/00. Answer due on 10/12/00 for David Chen. (sac) (Entered: 10/06/2000 12 Affidavit of service, see attached rider, as to Gary Cook by personal service on 9/18/00. (sac) (Entered:
10/06/2000 13 Affidavit of service, see attached rider, as to Jeffrey Busch by Robert Trapp, coworker, on 9/22/00. Answer due on 10/12/00 for Jeffrey Busch. (sac) (Entered: 10/06/2000 14 Affidavit of service, see attached rider, as to Tong Wan Chan by Gretchen Neal, co-worker, on 9/18/00. (sac) (Entered: 10/06/2000 15 Affidavit of service, see attached rider, as to Robert Jeffers Jr. by Robert Trapp, coworker, on 9/22/00. Answer due on 10/12/00 for Robert Jeffers Jr. (sac) (Entered: 10/13/2000 20 NOTICE of attorney appearance for ebankerusa.com, Inc., evisionusa.com, Inc., American Frontier, Tong Wan Chan, Robert Trapp, David Chen, Gary Cook by Bruce H. Schneider. (lf) (Entered: 10/17/2000) 10/17/2000 21 STIPULATION; that dft's will serve a letter to the Court requesting a pre-motion conference on or before 10/16/00, in lieu of extending dfts' time to answer, move or otherwise respond to Plaintiff's Complaint. ( signed by Judge John S. Martin ) (pl) (Entered: 10/17/2000) 11/03/2000 22 Memo-Endorsement on letter addressed to Judge Martin from Bruce H. Schneider, dated 10/31/00. Re: approving counsel's joint request for the followng: 12/7/00 - defts to serve motion papers; 1/18/01 - pltffs to serve answering pap[ers; 2/8/01 defts to serve reply papers ; leave to file moving and answering briefs not to exceed thirty-five pages, and a reply brief not to exceed fifteen ; ( signed by Judge John S. Martin ); Copies mailed. (lf) (Entered: 11/06/2000) 11/15/2000 23 Affidavit of service as to Fai Chan by Chris Neill, co-worker, on 11/2/00. Answer due on 11/22/00 for Fai Chan. (sac) (Entered: 11/16/2000) 12/07/2000 24 NOTICE OF MOTION by ebankerusa.com, Inc., evisionusa.com, Inc., American Frontier, Tong Wan Chan, Robert Trapp, David Chen, Gary Cook for an order dismissing complaint purs to Rule 12(b)(6) of the FRCP ; Return date not indicated. w. Declaration of Bruce H. Schneider. (djc) (Entered: 12/08/2000) 12/07/2000 25 MEMORANDUM OF LAW by ebankerusa.com, Inc., evisionusa.com, Inc., American Frontier, Tong Wan Chan, Robert Trapp, David Chen, Gary Cook in support of [24-1] motion for an order dismissing complaint purs to Rule 12(b)(6) of the FRCP. (djc) (Entered: 12/08/2000) 12/28/2000 26 Affidavit of service of Certification Of Michael Halperin, M.D., Certification Of Donald Kerns, D.D.S., and Initial Pretrial Conference Notice as to Kwok Jen Fong by Felicia Goate, (Recept.) on 12/14/00 and by mail on 12/15/00. (lf) (Entered: 12/29/2000) 12/28/2000 26 Affidavit of service of Certification Of Michael Halperin, M.D., Certification Of Donald Kern, D.D.S., and Initial Pretrial Conference Notice as to Fai Chan by Felicia Goode, (Recept.) on 12/14/00. Answer due on 1/3/01 for Fai Chan. (lf) (Entered: 12/29/2000) 01/31/2001 27 MEMORANDUM OF LAW by Michael Halperin, Donald Kern in opposition to [24-1] motion for an order dismissing complaint purs to Rule 12(b)(6) of the FRCP. (sac) (Entered: 02/02/2001)
02/08/2001 28 REPLY MEMORANDUM by ebankerusa.com, Inc., evisionusa.com, Inc., American Frontier, Fai Chan, Tong Wan Chan, Robert Trapp, Kwok Jen Fong, David Chen, Gary Cook, Jeffrey Busch, Robert Jeffers Jr. in further support of: [24-1] motion for an order dismissing complaint purs to Rule 12(b)(6) of the FRCP. Received in night deposit on 2/8/01 at 7:46 p.m. (jp) (Entered: 02/13/2001) 02/08/2001 29 DECLARATION of Gary L. Cook by ebankerusa.com, Inc., evisionusa.com, Inc., American Frontier, Fai Chan, Tong Wan Chan, Robert Trapp, Kwok Jen Fong, David Chen, Gary Cook, Jeffrey Busch, Robert Jeffers Jr. in support of: [24-1] motion for an order dismissing complaint purs to Rule 12(b)(6) of the FRCP. Received in night deposit on 2/8/01 at 7:46 p.m. (jp) (Entered: 02/13/2001) 02/16/2001 30 NOTICE of change of address by attnys for Michael Halperin, Donald Kern. (lf) (Entered: 02/20/2001) 03/19/2001 31 OPINION AND ORDER #85313, granting [24-1] motion for an order dismissing complaint purs to Rule 12(b)(6) of the FRCP ( signed by Judge John S. Martin ); Copies mailed; (forwarded orig. doc. to Judgment Clerk) (cd) (Entered: 03/20/2001) 03/22/2001 32 JUDGMENT, that for the reasons stated in the Court's Opinion (85313) and Order dated 3/19/01, defts' motion to dismiss is granted and the complaint is dismissed (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 3/26/01. (cd) Modified on 03/27/2001 (Entered: 03/26/2001) 03/22/2001 Case closed. (cd) (Entered: 03/26/2001) 04/17/2001 33 NOTICE OF APPEAL by Michael Halperin, Donald Kern ; from [32-1] judgment order. Copies of notice of appeal mailed to Attorney(s) of Record: Strock, Strock & Lavan, L.L.P., Fai Chan, Lippo Protective Tower, Kwok Jen Fong, Jeffrey Bush and Robert Jeffer, Jr. $105.00 Appeal filing fee paid 4/17/01 on receipt # E 402959. (dt) (Entered: 04/17/2001) 04/17/2001 Notice of appeal and certified copy of docket to USCA: [33-1] appeal by Donald Kern, Michael Halperin ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 04/17/2001) 06/05/2001 USCA Case Number Re: [33-1] appeal by Donald Kern, Michael Halperin USCA NUMBER: 01-7440 (dt) (Entered: 06/05/2001) 06/14/2001 34 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [33-1] appeal by Donald Kern, Michael Halperin. (dt) (Entered: 06/14/2001) 08/06/2002 35 MANDATE OF USCA (certified copy) Re: Affirm [33-1] appeal by Donald Kern, Michael Halperin, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Order of said District Court be and it hereby is AFFIRMED. 01-7440 Roseann B. MacKechnie, Clerk, U.S.C.A. Issued as Mandate 7/31/02. (dt) (Entered: 08/06/2002) 08/06/2002 36 MANDATE OF USCA (certified copy) Re: Dismiss [33-1] appeal by Donald Kern, Michael Halperin, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Judgment of said District Court be and it hereby is AFFIRMED. 01-7440
Roseann B. MacKechnie, Clerk, U.S.C.A. Issued as Mandate 7/31/02. (dt) Modified on 08/06/2002 (Entered: 08/06/2002) 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