US District Court Civil Docket as of 03/27/2009 Retrieved from the court on Thursday, October 01, 2009 United States District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:09-cv-00275-LA Wayne County Employees Retirement System v. MGIC Investment Corporation et al Assigned to: Judge Lynn Adelman Lead case: 2:08-cv-00458-LA Member cases: 2:08-cv-00500-LA 2:08-cv-00614-LA 2:08-cv-00918-LA 2:09-cv-00275-LA Case in other court: Michigan Eastern, 2:08-cv-12080 Cause: 15:78m(a) Securities Exchange Act Date Filed: 03/12/2009 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Wayne County Employees Retirement System represented by David M Foster David M Foster PC 30833 Northwestern Hwy - Ste 209 Farmington Hills, MI 48334 248-855-0940 Fax: 248-855-0987 Email: davidfosterlaw@aol.com Harold S Fried Fried Saperstein Abbatt PC 29800 Telegraph Rd Southfield, MI 48034 248-353-6500 Fax: 248-353-2514 Email: loriahearn@comcast.net Plaintiff Fulton County Employees Retirement System represented by Elwood S Simon Elwood S Simon & Assoc 355 S Woodward Ave - Ste 250 Birmingham, MI 48009 248-646-9730
Fax: 248-258-2335 Email: esimon@simon-law.com John P Zuccarini Elwood S Simon & Assoc 355 S Woodward Ave - Ste 250 Birmingham, MI 48009 248-646-9730 Fax: 248-258-2335 Email: zuccarinis@aol.com V. Defendant MGIC Investment Corporation represented by Scott T Seabolt Foley & Lardner LLP 500 Woodward Ave - Ste 2700 Detroit, MI 48226-3489 313-234-7100 Fax: 313-234-2800 Email: sseabolt@foley.com Defendant Curtis S Culver Defendant J Michael Lauer Date Filed # Docket Text 05/12/2008 1 COMPLAINT filed by Wayne County Employees Retirement System against MGIC Investment Corporation, Curtis S. Culver, J. Michael Lauer with Jury Demand. Plaintiff requests summons issued. Receipt No: 06450000000001530281 - Fee: $ 350. County Where Action Arose: Wayne County - County of 1st Plaintiff: Wayne County - County of 1st Defendant: Out of State. (Attachments: # 1 Exhibit Certification) (Foster, David) 05/13/2008 2 SUMMONS Issued for *MGIC Investment Corporation* (SSch) [Transferred from mied on
05/13/2008 3 SUMMONS Issued for *Curtis S. Culver* (SSch) [Transferred from mied on 05/13/2008 4 SUMMONS Issued for *J. Michael Lauer* (SSch) [Transferred from mied on 06/27/2008 5 WAIVER OF SERVICE Returned Executed. Curtis S. Culver waiver sent on 5/22/2008, answer due 7/21/2008. (Foster, David) [Transferred from mied on 06/27/2008 6 WAIVER OF SERVICE Returned Executed. J. Michael Lauer waiver sent on 5/22/2008, answer due 7/21/2008. (Foster, David) [Transferred from mied on 06/27/2008 7 WAIVER OF SERVICE Returned Executed. MGIC Investment Corporation waiver sent on 5/22/2008, answer due 7/21/2008. (Foster, David) [Transferred from mied on 07/11/2008 8 AMENDED by Wayne County Employees Retirement System : Certification of Ronald Yee on behalf of Wayne County Employees' Retirement System (originally filed on May 12, 2008) (Foster, David) 07/15/2008 9 MOTION to Appoint Counsel, Liaison Counsel and Appointment as Lead Plaintiff by Fulton County Employees' Retirement System. (Simon, Elwood) [Transferred from mied on 07/15/2008 10 DECLARATION by Arthur L. Shingler III re 9 MOTION to Appoint Counsel, Liaison Counsel and Appointment as Lead Plaintiff filed by Fulton County Employees' Retirement System (Attachments: # 1 Index of Exhibits, # 2 Exhibit A- Early Notices Published on various national newswire services, # 3 Exhibit B- Movant's Plaintiff Certification, # 4 Exhibit C-Movant's Loss Chart, # 5 Exhibit D- Scott + Scott LLP Firm Resume, # 6 Exhibit E-Simon & Assoc., PC Firm Resume) (Simon, Elwood) 07/15/2008 11 MOTION to Appoint Counsel and Liaison Counsel and for Appointment as Lead Plaintiff by Wayne County Employees Retirement System. (Foster, David) 07/15/2008 12 AFFIDAVIT of David M. Foster re 11 MOTION to Appoint Counsel and Liaison Counsel and for Appointment as Lead Plaintiff by Wayne County Employees Retirement System (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Wayne County's Amended Certification, # 3 Exhibit B - Wayne County's Loss Calculation Chart, # 4 Exhibit C - Notice of Class Action, # 5 Exhibit D - Firm Resume of Zwerling, Schachter & Zwerling, LLP, # 6 Exhibit E - Firm Resume of David M. Foster, P.C.) (Foster, David) 07/21/2008 13 STIPULATION Extending Time To Answer Or Otherwise Respond by MGIC Investment Corporation (Seabolt, Scott) 07/21/2008 14 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by MGIC Investment Corporation (Seabolt, Scott) 07/21/2008 15 NOTICE of HEARING on Motions [9 & 11] set for 9/2/2008 at 10:30 AM before
District Judge David M. Lawson. (SPin) 07/22/2008 16 ATTORNEY APPEARANCE: John P. Zuccarini appearing on behalf of Fulton County Employees' Retirement System (Zuccarini, John) [Transferred from mied on 07/28/2008 17 MOTION to Dismiss or in the Alternative, MOTION to Change Venue by MGIC Investment Corporation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit) (Seabolt, Scott) 07/28/2008 18 DECLARATION by Ralph Gundrum re 17 MOTION to Dismiss or in the Alternative MOTION to Change Venue filed by MGIC Investment Corporation (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Seabolt, Scott) [Transferred from mied on 07/29/2008 19 NOTICE of hearing on 17 MOTION to Dismiss or in the Alternative MOTION to Change Venue. Motion Hearing set for 11/3/2008 at 3:00 PM before District Judge David M Lawson. (FMos) 07/29/2008 20 RESPONSE to 9 MOTION to Appoint Counsel, Liaison Counsel and Appointment as Lead Plaintiff, 11 MOTION to Appoint Counsel and Liaison Counsel and for Appointment as Lead Plaintiff and in Further Support of Wayne County's Motion for Appointment as Lead Plaintiff and for Approval of its Selection of Lead and Liaison Counsel and in Opposition to Competing Motion for Appointment of Lead Plaintiff and Lead Counsel filed by Wayne County Employees Retirement System. (Foster, David) 07/29/2008 21 DECLARATION by David M. Foster re 20 Response to Motion,, and in Further Support of Wayne County Employees' Retirement System's Motion for Appointment as Lead Plaintiff and for Approval of its Selection of Lead and Liaison Counsel and in Opposition to Competing Motion for Appointment of Lead Plaintiff and Lead Counsel filed by Wayne County Employees Retirement System (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Fulton County Employees' Retirement System's Loss Calculation Chart, # 3 Exhibit B - Lax Factors Analysis, # 4 Exhibit C - Wayne County's FIFO Loss Calculation Chart, # 5 Exhibit D - Topaz Realty v. Northfield Labs., Inc.) (Foster, David) 08/01/2008 22 RESPONSE to 9 MOTION to Appoint Counsel, Liaison Counsel and Appointment as Lead Plaintiff, 11 MOTION to Appoint Counsel and Liaison Counsel and for Appointment as Lead Plaintiff filed by Fulton County Employees' Retirement System. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Ex A-Wayne County Lead Plaintiff Brief-Wisconsin Action, # 3 Exhibit Ex B-Notice of Class Action, # 4 Exhibit Ex C-Plumbers Complaint-Wisconsin) (Zuccarini, John) [Transferred from mied on 08/12/2008 23 STIPULATION and [Proposed] Order to Exceed the Page Limits on the Reply Brief by Wayne County Employees Retirement System (Foster, David) Modified on 8/13/2008 (NHol). [R11] 08/15/2008 24 ORDER Enlarging Page Limit for Certain Reply Briefs. Signed by District Judge David M. Lawson. (SPin)
08/15/2008 25 REPLY to Response re 9 MOTION to Appoint Counsel, Liaison Counsel and Appointment as Lead Plaintiff, 11 MOTION to Appoint Counsel and Liaison Counsel and for Appointment as Lead Plaintiff filed by Fulton County Employees' Retirement System. (Zuccarini, John) 08/15/2008 26 REPLY to Response re 9 MOTION to Appoint Counsel, Liaison Counsel and Appointment as Lead Plaintiff, 11 MOTION to Appoint Counsel and Liaison Counsel and for Appointment as Lead Plaintiff filed by Wayne County Employees Retirement System. (Foster, David) 08/15/2008 27 DECLARATION by Jeffrey C. Zwerling re 26 Reply to Response to Motion, for Appointment as Lead Plaintiff and for Approval of Its Selection of Lead and Liaison Counsel filed by Wayne County Employees Retirement System (Attachments: # 1 Exhibit A - Wayne County's Summary of Transactions from Oct. 12, 2006 through Feb. 12, 2008) (Foster, David) 08/20/2008 28 STIPULATION and [Proposed] Order Regarding Briefing Schedule with Respect to Motion to Dismiss by Wayne County Employees Retirement System (Foster, David) 08/25/2008 29 ATTORNEY APPEARANCE: Harold S. Fried appearing on behalf of Wayne County Employees Retirement System Appearance as Co-Counsel (Fried, Harold) 08/26/2008 Set/Reset Deadlines as to 9 MOTION to Appoint Counsel, Liaison Counsel and Appointment as Lead Plaintiff, 11 MOTION to Appoint Counsel and Liaison Counsel and for Appointment as Lead Plaintiff. Motion Hearing reset for 11/3/2008 at 3:00 PM before District Judge David M Lawson (FMos) 09/12/2008 30 RESPONSE to 17 MOTION to Dismiss or in the Alternative MOTION to Change Venue filed by Wayne County Employees Retirement System. (Foster, David) 09/12/2008 31 DECLARATION by Jeffrey C. Zwerling re 30 Response to Motion by Defendants to Dismiss for Improper Venue, or in the Alternative, to Transfer Venue filed by Wayne County Employees Retirement System (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - MGIC Investment Corporation 2007 10-K, # 3 Exhibit B - MGIC Investment Corporation 2007 Annual Report, # 4 Exhibit C - Hoovers.com webpage, # 5 Exhibit D - MGIC Investment Corporation Press Release) (Foster, David) 09/23/2008 32 REPLY to Response re 17 MOTION to Dismiss or in the Alternative MOTION to Change Venue filed by MGIC Investment Corporation, Curtis S. Culver, J. Michael Lauer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Seabolt, Scott) 09/23/2008 33 CERTIFICATE OF SERVICE by MGIC Investment Corporation, Curtis S. Culver, J. Michael Lauer re 32 Reply to Response to Motion, (Seabolt, Scott) [Transferred from mied on 09/24/2008 34 NOTICE by MGIC Investment Corporation Filling Corrected Exhibit A to Defendants' Reply In Support of Motion To Dismiss For Improper Venue or In The
Alternative to Transfer Venue (Seabolt, Scott) [Transferred from mied on 10/28/2008 35 NOTICE by Fulton County Employees' Retirement System of Filing of a Complaint for Violation of the Federal Securities Laws in the Eastern District of Wisconsin (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Wisconsin Complaint) (Zuccarini, John) 11/03/2008 Minute Entry -Motion Hearing held on 11/3/2008 re 17 MOTION to Dismiss or in the Alternative MOTION to Change Venue filed by MGIC Investment Corporation, 9 MOTION to Appoint Counsel, Liaison Counsel and Appointment as Lead Plaintiff filed by Fulton County Employees' Retirement System, 11 MOTION to Appoint Counsel and Liaison Counsel and for Appointment as Lead Plaintiff filed by Wayne County Employees Retirement System before District Judge David M Lawson. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Rene Twedt) (FMos) (Entered: 11/04/2008) 11/05/2008 Court Reporter Acknowledgment of Transcript Order Form received on 11/05/2008. Transcript for court proceeding held on: 11/03/2008. Estimated transcript completion date: 11/12/2008. Estimated number of pages: 50. Payment arrangements were made on 11/05/2008. (Twedt, R) 11/12/2008 36 TRANSCRIPT of Motion Hearing held on 11/03/2008. (Court Reporter/Transcriber: Rene L Twedt) (Number of Pages: 50) Redaction Request due 12/3/2008. Redacted Transcript Deadline set for 12/15/2008. Release of Transcript Restriction set for 2/10/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) 11/12/2008 37 Notice of Filing Transcript. (Twedt, R) 03/10/2009 38 OPINION AND ORDER Denying Defendants' Motion to Dismiss, and Motions by Wayne County Employees' Retirement System, Fulton Cunty (Georgia) Employees Retirement System to Appoint Counsel, Liason COunsel and Lead Plaintiffs 9 11 are Dismissed without Prejudice and TRANSFERRING CASE to EASTERN DISTRICT OF WISCONSIN. Signed by District Judge David M. Lawson. (LHac) (Entered: 03/11/2009) 03/12/2009 39 Case transferred in from District of Michigan Eastern; Case Number 2:08-cv-12080. Original file with documents numbered 1-38, certified copy of transfer order and docket sheet received. 03/12/2009 40 LETTER from clerk to counsel re: transfer of this case to our court and return of consent/refusal forms. (Attachments: # 1 Notice re: Consent Forms)(kah) 03/27/2009 41 ORDER signed by Judge Lynn Adelman on 3/27/09 granting consolidation. See order for details. Cases associated. (cc: all counsel)(cms) 03/27/2009 Case reassigned to Judge Lynn Adelman. Judge J P Stadtmueller no longer assigned to the case. (cms)
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