Embed Size (px)
Citation preview
US District Court Civil Docket as of 01/31/2005 Retrieved from the court on Friday, August 19, 2005
U.S. District Court Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:98-cv-02551
In re FirstPlus Financial Group, Inc. Securities Litigation Assigned to: Judge Barbara M. G. Lynn Demand: $0 Cause: 28:1331 Fed. Question: Securities Violation
Date Filed: 10/29/1998 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
Plaintiff Robert A Staub on behalf of himself and all others similarly situated
represented by D Joshua Staub Wirtz & Associates 16161 Ventura Blvd Suite 669 Encino, CA 91436 310/576-7770 Fax: 310/576-1309 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J Hill Claxton & Hill 3131 McKinney Ave Suite 700 LB 103 Dallas, TX 75204-2471 214/969-9029 Fax: 214/953-0583 FAX Email: [email protected] LEAD ATTORNEY Roger F Claxton Claxton & Hill 3131 McKinney Ave Suite 700 LB 103 Dallas, TX 75204-2471 214/969-9029 Fax: 214/953-0583 FAX Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Shannon P Keniry Finkelstein Thompson & Loughran Duvall Foundry
1050 30th St NW Washington, DC 20007 202/337-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan Milberg Weiss Bershad Hynes & Lerach 401 B St Suite 1700 San Diego, CA 92101 619/231-1058 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stewart H Thomas Thomas & Dees 300 Crescent Court Suite 1000 Dallas, TX 75201 214/871-3401 Fax: 214/965-9301 FAX Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles J Piven Law Office of Charles J Piven World Trade Center Baltimore 401 E Pratt St Suite 2525 Baltimore, MD 21202 410/332-0030 ATTORNEY TO BE NOTICED Glen DeValerio Berman DeValerio Pease Tabacco Burt & Pucillo One Liberty Square 8th Floor Boston, MA 02109 617/542-8300 ATTORNEY TO BE NOTICED Jeffrey A Berens Dyer & Shuman 801 E 17th Ave Denver, CO 80218-1417 303/861-3003 ATTORNEY TO BE NOTICED
Kathleen M Donovan-Maher Berman DeValerio Pease Tabacco Burt & Pucillo One Liberty Square 8th Floor Boston, MA 02109 617/542-8300 ATTORNEY TO BE NOTICED Mark Stromberg Stromberg & Associates Two Lincoln Centre 5420 LBJ Freeway Suite 300 Dallas, TX 75240 972/458-5353 Fax: 972/770-2156 FAX Email: [email protected] ATTORNEY TO BE NOTICED Murray W Camp Chaiken & Chaiken 13355 Noel Rd Suite 600 Dallas, TX 75240 214/265-0250 Fax: 214/265-1537 FAX
Plaintiff
Samuel G Nappi TERMINATED: 05/24/2002
represented by Rachell Sirota Sirota & Sirota 110 Wall St 21st Floor New York, NY 10005 212/425-9055 Fax: 212/425-9093 FAX TERMINATED: 05/24/2002 LEAD ATTORNEY Roger L Mandel Stanley Mandel & Iola 3100 Monticello Ave Suite 750 Dallas, TX 75205 214/443-4302 Email: [email protected] TERMINATED: 05/24/2002 LEAD ATTORNEY
Mark Stromberg (See above for address) TERMINATED: 05/24/2002 Matthew P Siben Milberg Weiss Bershad Hynes & Lerach 401 B St Suite 1700 San Diego, CA 92101 619/231-1058 TERMINATED: 05/24/2002 Saul Roffe Sirota & Sirota 110 Wall St 21st Floor New York, NY 10005 212/425-9055 TERMINATED: 05/24/2002 Tor Gronborg Lerach Coughlin Stoia Geller Rudman & Robbins - San Diego 401 B St Suite 1700 San Diego, CA 92101 619/231-1058 Email: [email protected] TERMINATED: 05/24/2002
Plaintiff
Edward Doremus, III represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott H Saham Lerach Coughlin Stoia Geller Rudman & Robbins - San Diego 401 B St Suite 1700 San Diego, CA 92101 619/231-1058
Plaintiff
Susan J Kagnoff represented by Tor Gronborg (See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Matthew P Siben (See above for address) Scott H Saham (See above for address)
Plaintiff
Dr James E Rich for the Rich Family Trust
represented by Tor Gronborg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Matthew P Siben (See above for address) Scott H Saham (See above for address)
V.
Consol Plaintiff
Robert Aldoroti on behalf of himself and all others similarly situated
represented by William O Holston, Jr Sullivan & Holston 4131 N Central Expwy Suite 980 Dallas, TX 75204 214/528-9560 Fax: 214/528-9581 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED Glen DeValerio (See above for address) ATTORNEY TO BE NOTICED Kathleen M Donovan-Maher (See above for address)
Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Gilbert Carson on behalf of himself and all others similarly situated
represented by William O Holston, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
G M Carson Inc on behalf of itself and all others similarly situated
represented by William O Holston, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Evan Linnett on behalf of himself and all others similarly situated
represented by Tor Gronborg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William O Holston, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED G Paul Howes Milberg Weiss Bershad Hynes & Lerach 401 B St Suite 1700 San Diego, CA 92101 619/231-1058 Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Michelle Heron Galindo Hoffman Law Firm 4514 Cole Ave Suite 806 Dallas, TX 75205 214/521-2211 Roger L Mandel (See above for address) Stephen R Basser Barrack Rodos & Bacine - San Diego 402 West Broadway Suite 850 San Diego, CA 92101 619/230-0800
Consol Plaintiff
Lynne H Sinay on behalf of themselves and all others similarly situated
represented by William O Holston, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED G Paul Howes (See above for address) Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Michelle Heron Galindo (See above for address) Roger L Mandel (See above for address) Stephen R Basser (See above for address) Tor Gronborg (See above for address)
Consol Plaintiff
Robert Dipippo on behalf of himself and all others similarly situated
represented by Robert J Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Roger F Claxton (See above for address)
Consol Plaintiff
Robert Ziatz on behalf of himself and all others similarly situated
represented by Robert J Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Roger F Claxton (See above for address)
Consol Plaintiff
Marilyn Mandel on behalf of herself and all other similarly situated
represented by Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Aaron Brody Stull Stull & Brody 6 East 45th Street New York, NY 10017 212/687-7230 Jules Brody
Stull Stull & Brody 6 East 45th St New York, NY 10017 212/687-7230 Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Robert J Hill (See above for address)
Consol Plaintiff
Larry C Bowman on behalf of himself and all others similarly situated
represented by Larry R Veselka Smyser Kaplan & Veselka 700 Louisiana Suite 2300 Houston, TX 77002 713/221-2300 Fax: 713/221-2320 FAX Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Roger F Claxton (See above for address)
Consol Plaintiff
Twin Plus represented by G Paul Howes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch White & Case Wachovia Financial Center 200 S Biscayne Blvd Miami, FL 33131 305/371-2700
Kirk B Hulett Milberg Weiss Bershad Hynes & Lerach 401 B St Suite 1700 San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 FAX TERMINATED: 02/26/2001 Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Trust Advisors Equity Plus LLC on behalf of themselves and all others similarly situated
represented by William O Holston, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig H Averch (See above for address) Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Stephen Greenberg on behalf of himself and all others similarly situated
represented by Robert J Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Roger F Claxton (See above for address)
Consol Plaintiff
Robert Lowinger represented by Roger F Claxton
on behalf of all others similarly situated (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Robert J Hill (See above for address)
Consol Plaintiff
Nicholas Capogreco on behalf of himself and all others similarly situated
represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William O Holston, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Louis J Varricchio on behalf of himself and all others similarly situated
represented by Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED W Kelly Puls Puls Taylor & Woodson 2600 Airport Frwy Fort Worth, TX 76111 817/338-1717 Fax: 817/338-1416 FAX Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg
(See above for address) ATTORNEY TO BE NOTICED Roger F Claxton (See above for address)
Consol Plaintiff
Roland Breininger on behalf of himself and all others similarly situated
represented by Robert J Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas G Shapiro Shapiro Haber & Urmy 75 State Street Boston, MA 02109 617/439-3939 Fax: 617/439-0134 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Samuel J Middleton represented by Michael S Goldberg Baker Botts - Houston One Shell Plaza 910 Louisiana St Suite 3000 Houston, TX 77002 713/229-1401 Fax: 713/229-1522 FAX Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lionel Z Glancy Glancy Binkow & Goldberg 1801 Avenue of the Stars Suite 311 Los Angeles, CA 90067 310/201-9150 Email: [email protected] Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Robert J Hill (See above for address)
Consol Plaintiff
Sol Wiener on behalf of himself and all others similarly situated
represented by Robert J Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Roger F Claxton (See above for address)
Consol Plaintiff
Nicholas Milana on behalf of himself and all others similarly situated
represented by Robert J Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Roger F Claxton (See above for address)
Consol Plaintiff
Jeffrey G Golias on behalf of himself and all others similarly situated
represented by Robert J Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Michael D Zielinski on behalf of himself and all others similarly situated
represented by Stewart H Thomas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Rita C Candolin Gilber represented by Stewart H Thomas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Blake L Beckham Beckham & Thomas 3400 Carlisle Suite 550 Dallas, TX 75204 214/965-9300 Fax: 214/965-9301 FAX Email: [email protected]
Jonathan M Plasse Goodkind Labaton Rudoff & Sucharow 100 Park Avenue New York, NY 10017-5563 212/907-0700 Leigh Lasky Lasky & Rifkind Ltd 100 Park Ave 12th Floor New York, NY 10017 212/907-0800 Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED Sameer Rastogi Goodkind Labaton Rudoff & Sucharow 100 Park Avenue New York, NY 10017-5563 212/907-0700
Consol Plaintiff
David Jones represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Carol Bissel represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Lynne H Sinay on behalf of themselves and all others
represented by G Paul Howes (See above for address)
similarly situated LEAD ATTORNEY ATTORNEY TO BE NOTICED William O Holston, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michelle Heron Galindo (See above for address) Roger L Mandel (See above for address) Stephen R Basser (See above for address) Tor Gronborg (See above for address) Mark Stromberg (See above for address)
Consol Plaintiff
Bruce Rozenblit on behalf of himself and all others similarly situated
represented by Roger F Claxton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Blake L Berryman unknown Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
Consol Plaintiff
Vivien Ma on behalf of herself and all others similarly situated
represented by Robert J Hill (See above for address) LEAD ATTORNEY Roger F Claxton (See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Stromberg (See above for address) ATTORNEY TO BE NOTICED
V.
Defendant
FirstPlus Financial Group Inc represented by G Paul Howes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Carrie Lee Huff Haynes & Boone - Dallas 901 Main St Suite 3100 Dallas, TX 75202-3789 214/651-5000 Fax: 214/651-5940 FAX Email: [email protected] David A Dodds Haynes & Boone 901 Main St Suite 3100 Dallas, TX 75202-3789 214/651-5000 Fax: 214/651-5940 FAX Email: [email protected] George W Bramblett, Jr Haynes & Boone - Dallas 901 Main St Suite 3100 Dallas, TX 75202-3789 214/651-5000 Fax: 214/651-5940 FAX Email: [email protected] Kirk B Hulett
(See above for address) TERMINATED: 02/26/2001 Noel M B Hensley Haynes & Boone 901 Main St Suite 3100 Dallas, TX 75202-3789 214/651-5000 Fax: 214/651-5940 FAX Email: [email protected] William S Lerach Lerach Coughlin Stoia Geller Rudman & Robbins - San Diego 401 B St Suite 1700 San Diego, CA 92101 619/231-1058
Defendant
Daniel T Phillips represented by Carrie Lee Huff (See above for address) David A Dodds (See above for address) George W Bramblett, Jr (See above for address) Noel M B Hensley (See above for address) William S Lerach (See above for address)
Defendant
Eric C Green represented by George W Bramblett, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Carrie Lee Huff (See above for address) David A Dodds (See above for address)
Noel M B Hensley (See above for address)
Defendant
William P Benac represented by George W Bramblett, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David A Dodds (See above for address) Kirk B Hulett (See above for address) TERMINATED: 02/26/2001 Noel M B Hensley (See above for address) William S Lerach (See above for address)
V.
Movant
Steven NMI Rubin represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Conrad Seghers represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Trust Advisors Equity Plus LLC represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Gilbert Goldstein represented by Roger L Mandel
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Bruce A Swenson represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Ira S Gertz represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Twin Plus represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Richard NMI Ford represented by Roger L Mandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Allied Marketing Group, Inc represented by Robert J Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaun Khojayan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger F Claxton (See above for address)
Movant
Michael Sterling
Date Filed # Docket Text
10/29/1998 1 COMPLAINT filed. Filing Fee $ 150.00 Receipt # 106129 (15+) (jrb) (Entered: 10/30/1998)
10/29/1998 1 DEMAND for jury trial by plaintiff Robert A Staub (jrb) (Entered: 10/30/1998)
10/29/1998 PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson Jr (jrb) (Entered: 10/30/1998)
10/30/1998 2 Notice of Lawsuit and REQUEST FOR WAIVER of Service as to William P Benac 10/30/98 Waiver of Service due by 11/30/98 for William P Benac (1) (jrb) (Entered: 10/30/1998)
10/30/1998 3 Notice of Lawsuit and REQUEST FOR WAIVER of Service as to FirstPlus Financial 10/30/98 Waiver of Service due by 11/30/98 for FirstPlus Financial (1) (jrb) (Entered: 10/30/1998)
10/30/1998 4 Notice of Lawsuit and REQUEST FOR WAIVER of Service as to Daniel T Phillips 10/30/98 Waiver of Service due by 11/30/98 for Daniel T Phillips (1) (jrb) (Entered: 10/30/1998)
10/30/1998 5 Notice of Lawsuit and REQUEST FOR WAIVER of Service as to Eric C Green 10/30/98 Waiver of Service due by 11/30/98 for Eric C Green (1) (jrb) (Entered: 10/30/1998)
12/04/1998 6 First AMENDED Class Action COMPLAINT by plaintiff Robert A Staub , (Answer due 12/14/98 for William P Benac, for Eric C Green, for Daniel T Phillips, for FirstPlus Financial ) amending [1-1] complaint (15+) (jrb) (Entered: 12/04/1998)
12/04/1998 7 Agreed MOTION by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant William P Benac to extend time/for enlargment of period for dfts to answer (4) (jrb) (Entered: 12/07/1998)
12/09/1998 8 Agreed MOTION by defendant Eric C Green to extend time/for enlargment of period for dft to answer (3) (jrb) (Entered: 12/10/1998)
12/09/1998 9 Agreed ORDER granting [7-1] motion to extend time/for enlargment of period for dfts to answer reset answer due for 1/15/99 for William P Benac, for Daniel T Phillips, for FirstPlus Financial ( signed by SAL) Copies to counsel: 12/10/98 Page(s) 3 (jrb) (Entered: 12/10/1998)
12/10/1998 10 Agreed ORDER granting [8-1] motion to extend time/for enlargment of period for dft to answer reset answer due for 1/15/99 for Eric C Green ( signed by SAL) Copies to counsel: 12/11/98 Page(s) 3 (jrb) (Entered: 12/11/1998)
12/28/1998 11 MOTION by the Allied Marketing Shareholders Group to be appointed lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and for appointment of lead plaintiffs' co-lead counsel, and for consolidation of related cases (13) (djd) (Entered: 12/29/1998)
12/28/1998 12 MEMORANDUM by the Allied Marketing Shareholders Group in support of [11-1] motion to be appointed lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and for appointment of lead plaintiffs' co-lead counsel, and for consolidation of related cases (15+) (djd) (Entered: 12/29/1998)
12/28/1998 13 AFFIDAVIT of Jules Brody in support Re: [11-1] motion to be appointed lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and for appointment of lead plaintiffs' co-lead counsel, and for consolidation of related cases (15+)(USC) (djd) (Entered: 12/29/1998)
12/29/1998 14 MOTION by plaintiff Robert A Staub/The FirstPlus Plaintiffs Group's to consolidate cases for discovery and pre-trial purposes (13) (jrb) (Entered: 12/30/1998)
12/29/1998 15 MEMORANDUM by plaintiff Robert A Staub in support of [14-1] motion to consolidate cases for discovery and pre-trial purposes (15+) (jrb) (Entered: 12/30/1998)
12/29/1998 16 MOTION by movant Samuel G Nappi, movant Steven NMI Rubin, movant Conrad Seghers, movant Trust Advisors Equi, movant Edward Doremus III, movant Gilbert Goldstein, movant Bruce A Swenson, movant Ira S Gertz, movant Twin Plus LLC, movant Richard NMI Ford appoint the First Plus Plaintiffs Group as lead plaintiff under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and Section 27(a)(3)(B) of the Securities Act of 1933 and to approve lead plaintiff's choice of counsel (14) (jrb) (Entered: 12/30/1998)
12/29/1998 17 MEMORANDUM by movant Samuel G Nappi, movant Steven NMI Rubin, movant Conrad Seghers, movant Trust Advisors Equi, movant Edward Doremus III, movant Gilbert Goldstein, movant Bruce A Swenson, movant Ira S Gertz, movant Twin Plus LLC, movant Richard NMI Ford in support of [16-1] motion appoint the First Plus Plaintiffs Group as lead plaintiff under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and Section 27(a)(3)(B) of the Securities Act of 1933 and to approve lead plaintiff's choice of counsel (15+) (jrb) (Entered: 12/30/1998)
12/29/1998 18 Declaration/AFFIDAVIT of G Paul Howes in support Re: [16-1] motion appoint the First Plus Plaintiffs Group as lead plaintiff under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and Section 27(a)(3)(B) of the Securities Act of 1933 and to approve lead plaintiff's choice of counsel (15+)(USC)(Volume 1 of 2) (jrb) Modified on 12/30/1998 (Entered: 12/30/1998)
12/29/1998 19 Declaration/AFFIDAVIT of G Paul Howes in support Re: [16-1] motion appoint the First Plus Plaintiffs Group as lead plaintiff under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and Section 27(a)(3)(B) of the Securities Act of 1933 and to approve lead plaintiff's choice of counsel (15+)(USC)(Volume 2 of 2) (jrb) Modified on 12/30/1998 (Entered: 12/30/1998)
01/14/1999 20 Second Unopposed MOTION by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac to extend time/for enlargement of period for dfts to answer (3) (jrb) (Entered: 01/15/1999)
01/15/1999 21 Agreed ORDER granting [20-1] motion to extend time/for enlargement of period for dfts to answer reset answer due for 3/1/99 for William P Benac, for Eric C
Green, for Daniel T Phillips, for FirstPlus Financial ( signed by SAL) Copies to counsel: 1/19/99 Page(s) 3 (jrb) (Entered: 01/19/1999)
01/19/1999 MOTION with memorandum in support (jrb) (Entered: 01/20/1999)
01/19/1999 22 MOTION with memorandum in support filed by Allied Marketing Shareholders Group for leave to file supplemental memorandum and supplemental affidavit in support of the Allied Marketing Shareholders Group's Mtn for appt as lead plaintiffs' approval of their selection of counsel; and for consolidation of all related actions (15+)(USC) (jrb) (Entered: 01/21/1999)
01/19/1999 23 RESPONSE in opposition filed by Allied Marketing Shareholders Groups to [11-1] motion to be appointed lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and for appointment of lead plaintiffs' co-lead counsel, and for consolidation of related cases (15+) (jrb) (Entered: 01/21/1999)
01/19/1999 24 RESPONSE by defendant FirstPlus Financial in opposition to [11-1] motion to be appointed lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and for appointment of lead plaintiffs' co-lead counsel, and for consolidation of related cases (15+) (jrb) (Entered: 01/21/1999)
01/19/1999 25 Declaration/AFFIDAVIT of G Paul Howes Re: [24-1] opposition response (15+) (jrb) (Entered: 01/21/1999)
02/11/1999 26 RESPONSE BRIEF by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac in opposition to amended co-lead plaintiffs and counsel proposals. (15+) (jrb) (Entered: 02/12/1999)
02/16/1999 27 NOTICE of ADDRESS CHANGE New address is: firm of Schatz and Nobel PC 330 Main Street Hartford CT 06106. (4) (jrb) Modified on 02/19/1999 (Entered: 02/18/1999)
02/24/1999 28 NOTICE of ADDRESS CHANGE by plaintiff Robert A Staub New address is: Charles J Piven The World Trade Center-Baltimore Suite 2525 401 E Pratt Street Baltimore MA 21202. (7) (jrb) (Entered: 02/25/1999)
02/26/1999 29 Unopposed MOTION by plaintiff Robert A Staub to extend time for plaintiffs to respond to the issues raised in "dfts' responsive brief to amended co-lead plaintiffs and counsel proposals" (8) (jrb) (Entered: 03/01/1999)
03/02/1999 30 ORDER granting [29-1] motion to extend time for plaintiffs to respond to the issues raised in "dfts' responsive brief to amended co-lead plaintiffs and counsel proposals"...until 3/2/99. ( signed by SAL) Copies to counsel: 3/2/99 Page(s) 6 (jrb) (Entered: 03/02/1999)
03/02/1999 31 Memorandum of Points and Authorities in reply to dfts' responsive brief to amended co-lead plaintiffs and counsel proposals by plaintiff Robert A Staub (15+) (jrb) (Entered: 03/03/1999)
03/02/1999 32 Declaration/AFFIDAVIT of Stephen R Basser in support Re: [31-1] remark/reply to dfts' responsive brief to amended co-lead plaintiffs and counsel proposals. (15+) (jrb) (Entered: 03/03/1999)
03/02/1999 33 AFFIDAVIT Re: Richard A Burton. (4) (jrb) (Entered: 03/03/1999)
03/03/1999 34 Third Unopposed MOTION by defendants to extend time/for enlargement of period for dfts to answer (3) (jrb) (Entered: 03/04/1999)
03/04/1999 35 Agreed ORDER granting [34-1] motion to extend time/for enlargement of period for dfts to answer reset answer due for 4/15/99 for William P Benac, for Eric C Green, for Daniel T Phillips, for FirstPlus Financial ( signed by SAL) Copies to counsel: 3/5/99 Page(s) 3 (jrb) (Entered: 03/05/1999)
03/16/1999 36 MOTION by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac for leave to file rejoinder regarding amended co lead plf and counsel proposals (15+) (mlh) (Entered: 03/17/1999)
04/05/1999 37 MEMORANDUM by plaintiff Robert A Staub in opposition to [36-1] motion for leave to file rejoinder regarding amended co lead plf and counsel proposals (9) (jrb) (Entered: 04/06/1999)
04/05/1999 38 Declaration/AFFIDAVIT of Matthew P Montgomery in support Re: [37-1] opposition memorandum (15+) (jrb) (Entered: 04/06/1999)
04/15/1999 39 ***withdrawn per order of 4/26/99***MOTION by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac to extend time for dfts to answer (6) (jrb) Modified on 04/28/1999 (Entered: 04/16/1999)
04/16/1999 40 Unopposed MOTION by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac to extend time/for modification of deadline for dfts to answer (4) (jrb) Modified on 04/21/1999 (Entered: 04/19/1999)
04/16/1999 41 MOTION by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac to withdraw [39-1] motion to extend time for dfts to answer (3) (jrb) (Entered: 04/19/1999)
04/20/1999 42 REPLY by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac to response to [36-1] motion for leave to file rejoinder regarding amended co lead plf and counsel proposals (15) (jrb) Modified on 04/22/1999 (Entered: 04/21/1999)
04/23/1999 43 MOTION by plaintiff Robert A Staub for relief from Local Rule 23.2/to extend time in which to file a mtn for class certification (7) (jrb) (Entered: 04/26/1999)
04/26/1999 44 ORDER granting [41-1] motion to withdraw [39-1] motion to extend time for dfts to answer and withdrawing [39-1] motion to extend time for dfts to answer ( signed by SAL) Copies to counsel: 4/28/99 Page(s) 4 (jrb) (Entered: 04/28/1999)
04/27/1999 45 Agreed ORDER granting [40-1] motion to extend time/for modification of deadline for dfts to answer reset answer due for 5/25/99 for William P Benac, for Eric C Green, for Daniel T Phillips, for FirstPlus Financial ( signed by SAL) Copies to counsel: 4/28/99 Page(s) 4 (jrb) (Entered: 04/28/1999)
05/13/1999 46 RESPONSE by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac to [43-1] motion for relief from Local Rule 23.2/to extend time in which to file a mtn for class certification (5) (jrb) (Entered: 05/14/1999)
05/21/1999 47 Stipulation re consolidation of related class actions/ORDER...see order for specifics. ( signed by SAL) Copies to counsel: 5/24/99 Page(s) 13 (jrb) (Entered: 05/24/1999)
05/21/1999 Consolidated Lead Case (jrb) (Entered: 05/24/1999)
05/25/1999 48 MOTION with memorandum in support by defendant FirstPlus Financial to dismiss 1934 Act Claims (15+) (jas) (Entered: 05/26/1999)
05/25/1999 49 MOTION with memorandum in support by defendant FirstPlus Financial to dismiss 1933 Act Claims (4) (jas) (Entered: 05/26/1999)
05/25/1999 50 MOTION with memorandum in support by defendant Daniel T Phillips to dismiss with prejudice (9) (jas) (Entered: 05/26/1999)
05/25/1999 51 MOTION with memorandum in support by defendant Eric C Green to dismiss with prejudice (7) (jas) (Entered: 05/26/1999)
05/25/1999 52 MOTION with memorandum in support by defendant William P Benac to dismiss with prejudice (11) (jas) (Entered: 05/26/1999)
05/25/1999 53 APPENDIX VOL I by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac in support of [52-1] motion to dismiss with prejudice, [51-1] motion to dismiss with prejudice, [50-1] motion to dismiss with prejudice, [49-1] motion to dismiss 1933 Act Claims, [48-1] motion to dismiss 1934 Act Claims (15+) (USC) (jas) (Entered: 05/26/1999)
05/25/1999 54 APPENDIX VOL II by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac in support of [52-1] motion to dismiss with prejudice, [51-1] motion to dismiss with prejudice, [50-1] motion to dismiss with prejudice, [49-1] motion to dismiss 1933 Act Claims, [48-1] motion to dismiss 1934 Act Claims (15+) (USC) (jas) (Entered: 05/26/1999)
05/28/1999 55 REPLY by plaintiff Robert A Staub to response to [43-1] motion for relief from Local Rule 23.2/to extend time in which to file a mtn for class certification (12) (lag) (Entered: 06/01/1999)
05/28/1999 56 Declaration/AFFIDAVIT OF KIRK B HULETT by plaintiff Robert A Staub Re: [55-1] response reply (14) (lag) (Entered: 06/01/1999)
06/08/1999 57 Unopposed MOTION by plaintiffs to extend time for plaintiffs to respond to dfts mtn to dismiss and for the dfts to file reply briefs (4) (jrb) (Entered: 06/08/1999)
06/09/1999 58 Agreed ORDER granting [57-1] motion to extend time for plaintiffs to respond to dfts mtn to dismiss and for the dfts to file reply briefs Response to motion reset to 7/2/99 for [52-1] motion to dismiss with prejudice, reset to 7/2/99 for [51-1] motion to dismiss with prejudice, reset to 7/2/99 for [50-1] motion to dismiss with prejudice, reset to 7/2/99 for [49-1] motion to dismiss 1933 Act Claims, reset to 7/2/99 for [48-1] motion to dismiss 1934 Act Claims , and Reply to Response to Motion reset to 7/30/99 for [52-1] motion to dismiss with prejudice, reset to 7/30/99 for [51-1] motion to dismiss with prejudice, reset to 7/30/99 for [50-1] motion to dismiss with prejudice, reset to 7/30/99 for [49-1] motion to dismiss 1933 Act Claims, reset to 7/30/99 for [48-1] motion to dismiss 1934 Act Claims ( signed by SAL) Copies to counsel: 6/10/99 Page(s) 2 (jrb) (Entered: 06/10/1999)
06/14/1999 59 MOTION with memorandum in support by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac for leave to file rejoinder regarding plaintiffs' request for relief from local rule 23.2 (15+) (jrb) (Entered: 06/16/1999)
07/02/1999 60 MEMORANDUM by plaintiffs in opposition to [52-1] motion to dismiss with prejudice, [51-1] motion to dismiss with prejudice, [50-1] motion to dismiss with prejudice (15+) (jrb) (Entered: 07/06/1999)
07/02/1999 61 MEMORANDUM by plaintiffs in opposition to [48-1] motion to dismiss 1934 Act Claims (15+) (jrb) (Entered: 07/06/1999)
07/02/1999 62 MEMORANDUM by plaintiff, consolidated plaintiff in opposition to [49-1] motion to dismiss 1933 Act Claims (15+) (jrb) (Entered: 07/06/1999)
07/02/1999 63 RESPONSE by plaintiffs in opposition to Exhibits C-V Submitted in support of dft's mtns to dismiss. (14) (jrb) (Entered: 07/06/1999)
07/26/1999 64 Unopposed MOTION by plaintiffs for Glen DeValerio, Kathleen M Donovan-Maher to appear pro hac vice (5) (jrb) (Entered: 07/27/1999)
07/27/1999 65 Agreed ORDER granting [64-1] motion for Glen DeValerio, Kathleen Donovan-Maher to appear pro hac vice ( signed by SAL) Copies to counsel: 7/28/99 Page(s) 2 (jrb) (Entered: 07/28/1999)
07/30/1999 66 Reply to plaintiffs' objections to court's review of public documents by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac (12) (cxj) (Entered: 08/02/1999)
07/30/1999 67 REPLY by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac to response to [49-1] motion to dismiss 1933 Act Claims (7) (cxj) Modified on 08/02/1999 (Entered: 08/02/1999)
07/30/1999 68 REPLY by defendant Eric C Green to response to [51-1] motion to dismiss with prejudice (9) (cxj) (Entered: 08/02/1999)
07/30/1999 69 REPLY by defendant William P Benac to response to [52-1] motion to dismiss with prejudice (12) (cxj) (Entered: 08/02/1999)
07/30/1999 70 REPLY by defendant Daniel T Phillips to response to [50-1] motion to dismiss with prejudice (13) (cxj) (Entered: 08/02/1999)
07/30/1999 71 REPLY by defendant FirstPlus Financial to response to [49-1] motion to dismiss 1933 Act Claims (15+) (cxj) (Entered: 08/02/1999)
09/10/1999 72 MOTION by plaintiffs for relief from Local Rule 23.2/to extend time in which to file a mtn for class certification (7) (jrb) (Entered: 09/13/1999)
09/30/1999 73 RESPONSE by defendants in opposition to plaintiffs' untimely mtn regarding class certificatio. (5) (jrb) (Entered: 10/01/1999)
09/30/1999 74 APPENDIX by defendants in support of [73-1] opposition response (14) (jrb) (Entered: 10/01/1999)
10/29/1999 75 Defendants' Supplemental Brief in support of their mtn to dismiss and their reply to
plaintiffs' objections to Court's review of public documents. (15+) (jrb) (Entered: 11/01/1999)
02/07/2000 76 ORDER REASSIGNING CASE to Judge Barbara M G. Lynn effective 2/14/00 pursuant to Special Order 3-165; case shall henceforth carry the suffix letter "M". ( signed by JB) Copies to counsel: 2/8/00 Page(s): 5 (jrb) (Entered: 02/08/2000)
02/11/2000 77 STATUS REPORT ORDER. Interim Status report due on 2/28/00 ( signed by BMGL) Copies to counsel: 2/11/00 Page(s): 4 (djd) (Entered: 02/11/2000)
02/25/2000 78 Interim STATUS REPORT by plaintiff Robert A Staub (11) (djd) (Entered: 02/25/2000)
02/28/2000 79 ORDER re: deadlines and pending motions...You should assume that the dates set out in Scheduling Orders entered by judges from whose court your case was transferred are in effect in my court unless I specifically advise otherwise, in writing. ( signed by BMGL) Copies to counsel: 2/28/00 Page(s) 2 (jas) (Entered: 02/28/2000)
02/28/2000 80 INTERIM STATUS REPORT by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac (8) (jas) (Entered: 02/29/2000)
04/03/2000 81 ORDER setting hearing: Motion hearing set for 9:30 4/13/00 for [72-1] motion for relief from Local Rule 23.2/to extend time in which to file a mtn for class certification, set for 9:30 4/13/00 for [59-1] motion for leave to file rejoinder regarding plaintiffs' request for relief from local rule 23.2, set for 9:30 4/13/00 for [52-1] motion to dismiss with prejudice, set for 9:30 4/13/00 for [51-1] motion to dismiss with prejudice, set for 9:30 4/13/00 for [50-1] motion to dismiss with prejudice, set for 9:30 4/13/00 for [49-1] motion to dismiss 1933 Act Claims, set for 9:30 4/13/00 for [48-1] motion to dismiss 1934 Act Claims, set for 9:30 4/13/00 for [43-1] motion for relief from Local Rule 23.2/to extend time in which to file a mtn for class certification, set for 9:30 4/13/00 for [36-1] motion for leave to file rejoinder regarding amended co lead plf and counsel proposals, set for 9:30 4/13/00 for [22-1] motion for leave to file supplemental memorandum and supplemental affidavit in support of the Allied Marketing Shareholders Group's Mtn for appt as lead plaintiffs' approval of their selection of counsel; and for consolidation of all related actions, set for 9:30 4/13/00 for [16-1] motion appoint the First Plus Plaintiffs Group as lead plaintiff under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and Section 27(a)(3)(B) of the Securities Act of 1933 and to approve lead plaintiff's choice of counsel, set for 9:30 4/13/00 for [11-1] motion to be appointed lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and for appointment of lead plaintiffs' co-lead counsel, and for consolidation of related cases ( signed by BMGL) Copies to counsel: 4/4/00 Page(s): 1 (djd) (Entered: 04/04/2000)
04/13/2000 82 Minute order: Motion Hearing Held before Judge Barbara M G. Lynn Court Reporter: Sue Engledow; Oral argument commences on all pending motions. All pending motions taken under advisement. (djd) (Entered: 04/14/2000)
04/13/2000 Motion hearing re: [72-1] motion for relief from Local Rule 23.2/to extend time in which to file a mtn for class certification Motion hearing held, [64-1] motion for Glen DeValerio, Kathleen M Donovan-Maher to appear pro hac vice, [52-1]
motion to dismiss with prejudice Motion hearing held, [51-1] motion to dismiss with prejudice Motion hearing held, [50-1] motion to dismiss with prejudice Motion hearing held, [49-1] motion to dismiss 1933 Act Claims Motion hearing held, [48-1] motion to dismiss 1934 Act Claims Motion hearing held, [43-1] motion for relief from Local Rule 23.2/to extend time in which to file a mtn for class certification Motion hearing held (djd) (Entered: 04/14/2000)
04/13/2000 Motion hearing re: [36-1] motion for leave to file rejoinder regarding amended co lead plf and counsel proposals Motion hearing held, [22-1] motion for leave to file supplemental memorandum and supplemental affidavit in support of the Allied Marketing Shareholders Group's Mtn for appt as lead plaintiffs' approval of their selection of counsel; and for consolidation of all related actions Motion hearing held, [16-1] motion appoint the First Plus Plaintiffs Group as lead plaintiff under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and Section 27(a)(3)(B) of the Securities Act of 1933 and to approve lead plaintiff's choice of counsel Motion hearing held, [11-1] motion to be appointed lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and for appointment of lead plaintiffs' co-lead counsel, and for consolidation of related cases Motion hearing held (djd) (Entered: 04/14/2000)
04/13/2000 Motions taken under advisement [72-1] motion for relief from Local Rule 23.2/to extend time in which to file a mtn for class certification, [59-1] motion for leave to file rejoinder regarding plaintiffs' request for relief from local rule 23.2, [52-1] motion to dismiss with prejudice, [51-1] motion to dismiss with prejudice, [50-1] motion to dismiss with prejudice, [49-1] motion to dismiss 1933 Act Claims, [48-1] motion to dismiss 1934 Act Claims, [43-1] motion for relief from Local Rule 23.2/to extend time in which to file a mtn for class certification, [36-1] motion for leave to file rejoinder regarding amended co lead plf and counsel proposals, [22-1] motion for leave to file supplemental memorandum and supplemental affidavit in support of the Allied Marketing Shareholders Group's Mtn appt as lead plaintiffs' approval of their selection of counsel; and for consolidation of all related actions, [16-1] motion appoint the First Plus Plaintiffs Group as lead plaintiff under Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and Section 27(a)(3)(B) of the Securities Act of 1933 and to approve lead plaintiff's choice of counsel, [11-1] motion to be appointed lead plaintiffs pursuant to section 21D(a)(3)(B) of the Securities Exchange Act of 1934, and for appointment of plaintiffs' co-lead counsel, and for consolidation of related cases (SEE MINUTE ORDER FILED 4/13/00) (djd) (Entered: 04/14/2000)
05/03/2000 83 TRANSCRIPT filed Court Reporter: P. Sue Engledow Date(s): 4/13/00 Volume(s): 1 Type of proceeding: Motion Hearing (15+)(USC) (djd) (Entered: 05/04/2000)
06/12/2000 84 NOTICE of ADDRESS CHANGE by plaintiff New address is: Stephen R. Basser, Suite 850, 402 West Broadway, San Diego, CA 92101; Telephone: 619/230-0800; Fax: 619/230-1874 (3) (djd) (Entered: 06/13/2000)
06/15/2000 85 NOTICE of NAME CHANGE by counsel for plaintiffs, Dyer & Shuman, LLP (formerly Dyer Donnelly) (6) (djd) (Entered: 06/16/2000)
07/07/2000 86 ORDER granting [72-1] motion for relief from Local Rule 23.2. Pla shall file its mtn for class certification w/in 20 days after lead pla selection is finally decided. (signed by BMGL) Copies to counsel: 07.07.00 Page(s) 1 (alh) (Entered:
07/07/2000)
07/07/2000 87 ORDER RE: APPOINTMENT OF LEAD PLAINTIFFS...before it will appoint them as lead pltfs, the Court requires that the Rich Family Trust, Mr. Nappi and Ms. Kagnoff meet and confer, within the next 30 days, to establish a plan for coordinating the litigation and for functioning as a "group." Within 20 days after the date when such meeting is held, they shall report to the Court, in writing, the results of their meeting...the Court further advises counsel and the parties that it is very unlikely to appoint more than 2 lead counsel and 1 liaison counsel, and that it is unlikely to appoint an executive committee, so the proposed lead pltfs should confer with their lawyers regarding a modification of their proposal for appointment of counsel. ( signed by BMGL) Copies to counsel: 7/10/00 Page(s) 4 (djd) (Entered: 07/10/2000)
07/28/2000 88 Unopposed MOTION by plaintiffs to extend time to file motion for class certification (4) (djd) (Entered: 07/31/2000)
08/01/2000 89 AGREED ORDER granting [88-1] motion to extend time to file motion for class certification. It is therefore, ORDERED, ADJUDGED, and DECREED that plaintiff shall file their motion for class certification within 30 days after the Court finally rules on the defendants' motion to dismiss. ( signed by BMGL) Copies to counsel: 8/2/00 Page(s) 2 (djd) (Entered: 08/02/2000)
09/12/2000 90 ORDER re: appointment of lead pltfs...plaintiffs Susan J. Kagnoff, Dr. James E. Rich for the Rich Family Trust, and Samuel G. Nappi are appointed lead plaintiffs, and their selection of Milberg Weiss Bershad Hynes & Lerach LLP and Sirota & Sirota LLP as co-lead counsel, and Claxton & Hill, PLLC as local counsel, is approved. <SEE ORDER FOR SPECIFICS> (Signed by BMGL) Copies to counsel: 9/13/00 Page(s) 8 (djd) Modified on 09/14/2000 (Entered: 09/13/2000)
09/12/2000 91 SEALED DOCUMENT placed in sealed area (svc) (Entered: 09/13/2000)
09/29/2000 92 ORDER granting in part, denying in part [52-1] motion to dismiss with prejudice, granting in part, denying in part [51-1] motion to dismiss with prejudice, granting in part, denying in part [50-1] motion to dismiss with prejudice, granting in part, denying in part [49-1] motion to dismiss 1933 Act Claims, granting in part, denying in part [48-1] motion to dismiss 1934 Act Claims...plaintiffs are ordered to replead by filing a consolidated amended complaint within 30 days of the date of this order. Any further motions to dismiss must be filed within 30 days thereafter <see order for specifics> ( signed by BMGL) Copies to counsel: 10/2/00 Page(s) 2 (djd) (Entered: 10/02/2000)
10/19/2000 93 Application and ORDER for Rachell Sirota to appear pro hac vice . The Court orders that the application be granted. <see order for specifics> ( signed by BMGL) Copies to counsel: 10/20/00 Page(s) 3 (djd) (Entered: 10/20/2000)
10/19/2000 94 Application and ORDER for Saul Roffe to appear pro hac vice ; The Court orders that the application be granted. <see order for specifics>( signed by BMGL) Copies to counsel: 10/20/00 Page(s) 3 (djd) (Entered: 10/20/2000)
10/30/2000 95 CONSOLIDATED AMENDED COMPLAINT FOR VIOLATIONS OF THE SECURITIES EXCHANGE ACT OF 1934 AND THE SECURITIES ACT OF 1933 by plaintiffs, amending [6-1] amended complaint, [1-1] complaint (15+) (djd)
Modified on 10/31/2000 (Entered: 10/31/2000)
10/30/2000 95 DEMAND for jury trial by plaintiffs (djd) (Entered: 10/31/2000)
11/28/2000 96 Unopposed MOTION by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac for modification of briefing schedule (4) (djd) (Entered: 11/29/2000)
11/28/2000 97 Agreed ORDER granting [96-1] motion for modification of briefing schedule...Dfts shall file their mtns to dismiss pltfs' consolidated amended complaint on or before 12/13/00; pltfs shall file their responses thereto on or before 1/16/01; & dfts shall file their replies thereto in accordance with the Local Rules for the Northern District of Texas, on or before 1/31/01. ( signed by BMGL) Copies to counsel: 11/29/00 Page(s) 3 (djd) (Entered: 11/29/2000)
12/07/2000 98 ORDER re: pending cases before Judge Lynn. If a Scheduling Order has been entered in your case prior to December 1, 2000, the amendments to Rule 26(a)(1) shall not be applicable and you shall not be required to make the disclosures required therein. ( signed by Judge Lynn) Copies to counsel: 12/7/00 Page(s) 2 (djd) (Entered: 12/07/2000)
12/12/2000 99 Unopposed MOTION by plaintiffs for modification of briefing schedule (3) (djd) (Entered: 12/14/2000)
12/15/2000 100 Agreed ORDER granting [99-1] motion for modification of briefing schedule; dfts shall file their motions to dismiss pltfs' consolidated amended complaint on or before 12/22/00; reset motion filing deadline for 12/22/00 ; pltfs shall file their responses by 2/2/01; and dfts shall file their replies on or before 2/21/01. Further extensions are not likely to be granted. <see order for specifics> ( signed by Judge Lynn) Copies to counsel: 12/18/00 Page(s) 2 (djd) (Entered: 12/18/2000)
12/21/2000 101 MOTION with memorandum in support by defendant Eric C Green to dismiss consolidated Amended Complaint (11) (lch) (Entered: 12/22/2000)
12/21/2000 102 MOTION with memorandum in support by defendant William P Benac to dismiss consolidated amended complaint (15) (lch) (Entered: 12/22/2000)
12/21/2000 103 MOTION with memorandum in support by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac to dismiss 1933 ACT Claims (14) (lch) (Entered: 12/22/2000)
12/21/2000 104 MOTION with memorandum in support by defendant Daniel T Phillips to dismiss consolidated Amended Complaint (15+) (lch) (Entered: 12/22/2000)
12/21/2000 105 MOTION with memorandum in support by defendant FirstPlus Financial to dismiss 1934 ACT Claims in Consolidated Amended Complaint (15+) (lch) (Entered: 12/22/2000)
12/21/2000 106 APPENDIX by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac in support of [105-1] motion to dismiss 1934 ACT Claims in Consolidated Amended Complaint, [104-1] motion to dismiss consolidated Amended Complaint, [103-1] motion to dismiss 1933 ACT Claims, [102-1] motion to dismiss consolidated amended complaint, [101-1] motion to dismiss consolidated Amended Complaint (15+) USC vol. 1 of 3 (not
imaged) (lch) (Entered: 12/22/2000)
12/21/2000 107 APPENDIX by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac in support of [105-1] motion to dismiss 1934 ACT Claims in Consolidated Amended Complaint, [104-1] motion to dismiss consolidated Amended Complaint, [103-1] motion to dismiss 1933 ACT Claims, [102-1] motion to dismiss consolidated amended complaint, [101-1] motion to dismiss consolidated Amended Complaint (15+) USC vol. 2 of 3 (not imaged) (lch) (Entered: 12/22/2000)
12/21/2000 108 APPENDIX by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac in support of [105-1] motion to dismiss 1934 ACT Claims in Consolidated Amended Complaint, [104-1] motion to dismiss consolidated Amended Complaint, [103-1] motion to dismiss 1933 ACT Claims, [102-1] motion to dismiss consolidated amended complaint, [101-1] motion to dismiss consolidated Amended Complaint (15+) USC vol 3 of 3 (not imaged) (lch) (Entered: 12/22/2000)
02/02/2001 109 RESPONSE by plaintiffs to [102-1] motion to dismiss consolidated amended complaint, [101-1] motion to dismiss consolidated amended complaint (15+) (djd) (Entered: 02/05/2001)
02/02/2001 110 RESPONSE by plaintiffs to [105-1] motion to dismiss 1934 ACT Claims in Consolidated Amended Complaint, [104-1] motion to dismiss consolidated Amended Complaint (15+) (djd) (Entered: 02/05/2001)
02/02/2001 111 MOTION with memorandum in support by pltfs to strike Exhibits C-V & DD submitted in support of Dfts' motions to dismiss (6) (djd) (Entered: 02/05/2001)
02/02/2001 112 APPENDIX by plaintiffs in support of [110-1] opposition to dfts' FirstPlus' & Daniel T Phillips' mtns to dismiss the consolidated amended complaint (15+/not imaged) (djd) (Entered: 02/05/2001)
02/15/2001 113 ORDER setting hearing: Motion hearing set for 9:30 4/6/01 for [111-1] motion to strike Exhibits C-V & DD submitted in support of Dfts' motions to dismiss, set for 9:30 4/6/01 for [105-1] motion to dismiss 1934 ACT Claims in Consolidated Amended Complaint, set for 9:30 4/6/01 for [104-1] motion to dismiss consolidated Amended Complaint, set for 9:30 4/6/01 for [103-1] motion to dismiss 1933 ACT Claims, set for 9:30 4/6/01 for [102-1] motion to dismiss consolidated amended complaint, set for 9:30 4/6/01 for [101-1] motion to dismiss consolidated Amended Complaint <see order for specifics> ( Signed by Judge Barbara G. Lynn ) Copies to counsel: 2/16/01 Page(s): 1 (djd) (Entered: 02/16/2001)
02/21/2001 114 RESPONSE by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac to [111-1] motion to strike public documents/ Exhibits C-V & DD submitted in support of Dfts' motions to dismiss (10) (djd) (Entered: 02/22/2001)
02/21/2001 115 REPLY by defendant FirstPlus Financial to response to [105-1] motion to dismiss 1934 ACT Claims in Consolidated Amended Complaint (12) (djd) (Entered: 02/22/2001)
02/21/2001 116 REPLY by defendant Daniel T Phillips to response to [104-1] motion to dismiss
consolidated Amended Complaint (11) (djd) (Entered: 02/22/2001)
02/21/2001 117 REPLY by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac to response to [103-1] motion to dismiss 1933 ACT Claims (11) (djd) (Entered: 02/22/2001)
02/21/2001 118 REPLY by defendant William P Benac to response to [102-1] motion to dismiss consolidated amended complaint (11) (djd) (Entered: 02/22/2001)
02/21/2001 119 REPLY by defendant Eric C Green to response to [101-1] motion to dismiss consolidated Amended Complaint (12) (djd) (Entered: 02/22/2001)
02/21/2001 120 Supplemental APPENDIX by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac in support of dfts' motions to dismiss and reply briefs thereto/[119-1] response reply, [118-1] response reply, [117-1] response reply, [116-1] response reply, [115-1] response reply (15+/not imaged) (djd) (Entered: 02/22/2001)
02/22/2001 121 CORRECTED OPPOSITION/RESPONSE by plaintiff to [105-1] motion to dismiss 1934 ACT Claims in Consolidated Amended Complaint, [104-1] motion to dismiss consolidated Amended Complaint (15+) (djd) (Entered: 02/22/2001)
04/03/2001 122 ORDER resetting hearing: Motion hearing set for 11:00 5/3/01 for [111-1] motion to strike Exhibits C-V & DD submitted in support of Dfts' motions to dismiss, set for 11:00 5/3/01 for [105-1] motion to dismiss 1934 ACT Claims in Consolidated Amended Complaint, set for 11:00 5/3/01 for [104-1] motion to dismiss consolidated Amended Complaint, set for 11:00 5/3/01 for [103-1] motion to dismiss 1933 ACT Claims, set for 11:00 5/3/01 for [102-1] motion to dismiss consolidated amended complaint, set for 11:00 5/3/01 for [101-1] motion to dismiss consolidated Amended Complaint ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 4.4.01 Page(s): 1 (mlh) (Entered: 04/04/2001)
05/10/2001 123 POST-HEARING BRIEF by defendants (5) (mlh) (Entered: 05/11/2001)
07/06/2001 124 PLAINTIFFS' NOTICE OF RECENT AUTHORITY IN OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS (14) (Exhibit not imaged.) (mlh) (Entered: 07/09/2001)
08/01/2001 125 NOTICE of recent authority supporting defendants' motions to dismiss by defendant FirstPlus Financial, defendant Daniel T Phillips, defendant Eric C Green, defendant William P Benac (15+) (Exhibit not imaged.) (mlh) (Entered: 08/02/2001)
08/01/2001 126 NOTICE OF FIRM NAME CHANGE by counsel (Glen DeValerio) for plaintiff Robert A Staub, consolidated plaintiff Robert Aldoroti. Berman, DeValerio & Pease LLP has changed to Berman, DeValerio, Pease, Tabacco, Burt & Pucillo. Address remains the same. (9) (mlh) (Entered: 08/02/2001)
09/27/2001 127 ORDER denying [111-1] motion to strike Exhibits C-V & DD submitted in support of Dfts' motions to dismiss ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 9/27/01 Page(s) 1 (jyg) (Entered: 09/27/2001)
09/28/2001 128 ORDER denying [105-1] FirstPlus Financial's motion to dismiss 1934 ACT Claims in consolidated amended complaint, denying Daniel Phillips' [104-1] motion to
dismiss consolidated amended complaint, granting in part, denying in part [103-1] defendants' motion to dismiss 1933 ACT Claims, granting [102-1] Benac's motion to dismiss consolidated amended complaint, denying Eric Green's [101-1] motion to dismiss consolidated amended complaint. Plaintiffs and the remaining defendants are ordered to submit, within 20 days, a proposed joint scheduling order for the further conduct of the case. (Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 10.1.01 Page(s) 2 (mlh) (Entered: 10/01/2001)
10/22/2001 129 STIPULATION AND ORDER GOVERNING CONFIDENTIAL INFORMATION...See order for specifics. ( Signed by Judge Barbara M. G. Lynn) Copies to counsel: 10.22.01 Page(s) 9 (aat) (Entered: 10/22/2001)
12/10/2001 130 NOTICE OF ADDRESS CHANGE by William S. Lerach, counsel for plaintiffs. New address is: Milberg Weiss Bershad Hynes & Lerach LLP, 401 B St., Suite 1700, San Diego, CA 92101. (8) (mlh) (Entered: 12/12/2001)
12/18/2001 131 ORDER Upon consideration of the parties' joint request, by letter dated 12/14/01, that the case remain stayed pending settlement discussions, the Court is of the opinion that the request is well taken. The case will remain stayed until 1/18/02 at which time the joint scheduling report will be filed with the Court. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 12.19.01 Page(s) 1 (mlh) Modified on 01/02/2002 (Entered: 12/19/2001)
01/10/2002 132 NOTICE OF ADDRESS CHANGE by plaintiff James E Rich, plaintiff Susan J Kagnoff, consolidated plaintiff Robert Aldoroti, plaintiff Robert A Staub, consolidated plaintiff Nicholas Milana, consolidated plaintiff Samuel J Middleton, consolidated plaintiff Sol Wiener, plaintiff Samuel G Nappi, consolidated plaintiff Jeffrey G Golias, consolidated plaintiff Gilbert Carson, consolidated plaintiff Michael D Zielinski, consolidated plaintiff G M Carson Inc, consolidated plaintiff Evan Linnett, consolidated plaintiff Twin Plus, consolidated plaintiff Bruce Rozenblit, consolidated plaintiff Lynne H Sinay, consolidated plaintiff Robert Dipippo, consolidated plaintiff Robert Ziatz, consolidated plaintiff Marilyn Mandel, consolidated plaintiff Rita C Candolin Gilber, consolidated plaintiff Robert Lowinger, consolidated plaintiff Nicholas Capogreco, consolidated plaintiff Louis J Varricchio, consolidated plaintiff Roland Breininger, consolidated plaintiff Trust Advisors Equi, consolidated plaintiff Stephen Greenberg, consolidated plaintiff David Jones, consolidated plaintiff Vivien Ma, consolidated plaintiff Lynne H Sinay, consolidated plaintiff Larry C Bowman, consolidated plaintiff Carol Bissel. New address is: Mark Stromberg, Stromberg & Associates, 5420 LBJ Freeway, Suite 300, Dallas, TX 75240. (7) (mlh) (Entered: 01/11/2002)
01/22/2002 133 ORDER Upon consideration of the parties' joint request, by letter dated 1/18/02, that the case remain stayed pending settlement discussions, the Court is of the opinion that the request is well taken. The case will remain stayed until 2/18/02, at which time the joint scheduling report will be filed with the Court. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 1.23.02 Page(s) 1 (mlh) (Entered: 01/23/2002)
03/06/2002 134 SCHEDULING ORDER Hearing on class certification 8/2/02 @ 8:30; Joining of parties on 10/15/02; Amending of pleadings on 10/15/02; Discovery cutoff 6/16/03; Deadline for filing of dispositive motions 7/16/03; Pretrial conference set for 9:30 11/7/03; Jury trial docket call set on this Court's three-week docket beginning
11/10/03 @ 9:00. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 3.7.02 Page(s): 9 (mlh) (Entered: 03/19/2002)
03/06/2002 134 STATUS REPORT ORDER. Joint status report due on 8/18/03. (Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 3.7.02 Page(s): 9 (mlh) (Entered: 03/19/2002)
03/18/2002 135 ANSWER by defendant Eric C Green, defendant Daniel T Phillips, defendant FirstPlus Financial to consolidated amended class action complaint (15+) (mlh) (Entered: 03/19/2002)
03/20/2002 136 MOTION by plaintiff James E Rich, plaintiff Susan J Kagnoff, plaintiff Samuel G Nappi for class certification (8) (mlh) (Entered: 03/21/2002)
03/20/2002 137 MEMORANDUM by plaintiff James E Rich, plaintiff Susan J Kagnoff, plaintiff Samuel G Nappi in support of [136-1] motion for class certification (15+) (mlh) (Entered: 03/21/2002)
03/20/2002 138 DECLARATION/AFFIDAVIT of Tor Gronborg Re: [136-1] plaintiffs' motion for class certification (15+) (Exhibits not imaged.) (mlh) (Entered: 03/21/2002)
04/05/2002 139 FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS FIRSTPLUS FINANCIAL GROUP INC, DANIEL T. PHILLIPS, & ERIC C. GREEN by lead plaintiffs (9) (mlh) (Entered: 04/08/2002)
04/26/2002 140 NOTICE of ADDRESS CHANGE of Finkelstein, Thompson & Loughran, counsel for plaintiffs. New address is:Finkelstein, Thompson & Loughran/Duvall Foundry/1050 30th Street, N.W./Washington, DC 20007.(6) (lmr) (Entered: 04/29/2002)
05/10/2002 141 UNOPPOSED MOTION with memorandum in support by plaintiff Samuel G Nappi to withdraw as lead plaintiff and proposed class representative (4) (mlh) (Entered: 05/13/2002)
05/10/2002 142 MOTION by plaintiff James E Rich, plaintiff Susan J Kagnoff, plaintiff Samuel G Nappi to substitute Edward P Doremus III for withdrawing lead plaintiff Samuel G Nappi and for leave to file an amended motion for class certification (15+) (Exhibits not imaged.) (mlh) (Entered: 05/13/2002)
05/10/2002 143 APPLICATION & ORDER granting permission for Tor Gronborg to appear pro hac vice. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 5.13.02 Page(s) 3 (mlh) (Entered: 05/13/2002)
05/10/2002 144 APPLICATION & ORDER granting permission for Matthew P Siben to appear pro hac vice. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 5.13.02 Page(s) 3 (mlh) (Entered: 05/13/2002)
05/16/2002 145 ORDER granting [141-1] Samuel Nappi's motion to withdraw as lead plaintiff and proposed class representative. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 5.17.02 Page(s) 3 (mlh) (Entered: 05/17/2002)
05/22/2002 146 RESPONSE by defendant Eric C Green, defendant Daniel T Phillips, defendant FirstPlus Financial in opposition to [142-1] plaintiffs' motion to substitute Edward P Doremus III for withdrawing lead plaintiff Samuel G Nappi and for leave to file
an amended motion for class certification (8) (Exhibit not imaged.) (mlh) (Entered: 05/23/2002)
05/24/2002 148 AMENDED MOTION for class certification by plaintiff James E Rich, plaintiff Susan J Kagnoff, plaintiff Edward Doremus III referring to [136-1] plaintiffs' motion for class certification (6) (mlh) Modified on 06/03/2002 (Entered: 05/24/2002)
05/24/2002 149 MEMORANDUM by plaintiff James E Rich, plaintiff Susan J Kagnoff, plaintiff Edward Doremus III in support of [148-1] amended motion for class certification (15+) (mlh) Modified on 06/03/2002 (Entered: 05/24/2002)
05/24/2002 147 REPLY by plaintiff James E Rich, plaintiff Susan J Kagnoff to response to [142-1] motion to substitute Edward P Doremus III for withdrawing lead plaintiff Samuel G Nappi and for leave to file an amended motion for class certification (8) (Exhibit not imaged.) (mlh) Modified on 06/03/2002 (Entered: 05/28/2002)
05/24/2002 150 ORDER granting [142-1] lead plaintiffs' motion to substitute Edward P Doremus III for withdrawing lead plaintiff Samuel G Nappi and for leave to file an amended motion for class certification. Edward P. Doremus III is substituted as proposed class representative in place of withdrawing lead plaintiff Samuel G. Nappi. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 5.24.02 Page(s) 1 (mlh) (Entered: 06/03/2002)
06/17/2002 151 UNOPPOSED MOTION with memorandum in support by plaintiff Susan J Kagnoff to withdraw as lead plaintiff and proposed class representative (4) (mlh) (Entered: 06/18/2002)
06/24/2002 152 AGREED ORDER granting [151-1] Susan Kagnoff-Marx's motion to withdraw as lead plaintiff and proposed class representative. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 6.25.02 Page(s) 2 (mlh) (Entered: 06/25/2002)
07/08/2002 153 AGREED MOTION by defendant Eric C Green, defendant Daniel T Phillips, defendant FirstPlus Financial to exceed page limitations in their opposition to amended motion for class certification (4) (mlh) (Entered: 07/09/2002)
07/09/2002 Motion hearing re: [148-1] amended motion for class certification at 8:30 8/2/02 (set per order dated 03/06/02) (lag) (Entered: 07/09/2002)
07/16/2002 155 RESPONSE by defendant Eric C Green, defendant Daniel T Phillips, defendant FirstPlus Financial in opposition to [148-1] plaintiffs' amended motion for class certification (15+) (mlh) Modified on 07/17/2002 (Entered: 07/17/2002)
07/16/2002 156 APPENDIX by defendant Eric C Green, defendant Daniel T Phillips, defendant FirstPlus Financial in support of [154-1] response in opposition to plaintiffs' amended motion for class certification (15+) (USC) (Not imaged.) (mlh) Modified on 07/17/2002 (Entered: 07/17/2002)
07/16/2002 154 ORDER granting [153-1] defendants' motion to exceed page limitations in their opposition to amended motion for class certification. See order for specifics. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 7.17.02 Page(s) 1 (mlh) (Entered: 07/17/2002)
07/22/2002 157 REPLY by plaintiff James E Rich, plaintiff Edward Doremus III to response to
[148-1] amended motion for class certification (15+) (mlh) Modified on 07/23/2002 (Entered: 07/23/2002)
07/22/2002 158 DECLARATION OF TOR GRONBORG Re: [155-1] plaintiffs Rich & Doremus' reply to response to plaintiffs' amended motion for class certification (15+) (Exhibits not imaged.) (USC) (mlh) Modified on 07/23/2002 (Entered: 07/23/2002)
07/29/2002 159 DESIGNATIONS OF WITNESSES, EXHIBITS & DEPOSITIONS FOR 8/2/02 CLASS CERTIFICATION HEARING by defendant Eric C Green, defendant Daniel T Phillips, defendant FirstPlus Financial (12) (mlh) (Entered: 07/30/2002)
07/29/2002 160 DESIGNATION OF WITNESSES, EXHIBITS & DEPOSITION EXCERPTS FOR CLASS CERTIFICATION HEARING by plaintiff James E Rich, plaintiff Edward Doremus III (7) (mlh) (Entered: 07/30/2002)
08/02/2002 Motion hearing held re: [148-1] plaintiffs' amended motion for class certification. (mlh) (Entered: 08/07/2002)
08/02/2002 161 Minute order: Motion hearing held before Judge Barbara M. G. Lynn. Court Reporter: Sue Engledow. (mlh) (Entered: 08/07/2002)
08/19/2002 162 APPLICATION & ORDER granting permission for Shaun Khojayan to appear pro hac vice for plaintiffs. ( Signed by Judge Barbara M. G. Lynn ) Copies to counsel: 8.20.02 Page(s) 4 (mlh) (Entered: 08/20/2002)
09/12/2002 163 NOTICE of change of telephone number of attorneys Roger F. Claxton & Robert J. Hill & the firm of Claxton & Hill, PLLC. (2) (mlh) (Entered: 09/13/2002)
09/30/2002 164 NOTICE of change of firm name by Alan R. Plutzik, counsel for plaintiff. Farrow, Bramson, Baskin & Plutzik LLP is now Farrow, Bramson & Plutzik LLP. Address and phone number remain the same. (4) (mlh) (Entered: 10/01/2002)
10/16/2002 165 NOTICE of agreement to extend deadlines for joinder of parties and amendment of pleadings by defendant Eric C Green, defendant Daniel T Phillips, defendant FirstPlus Financial (3) (Exhibit not imaged.) (mlh) (Entered: 10/17/2002)
10/23/2002 166 MEMORANDUM OPINION AND ORDER granting in part, denying in part [148-1] plaintiffs' amended motion for class certification. The motion is denied to the extent it seeks to have Rich appointed as class representative, but granted in all other respects. Edward P. Doremus, III is appointed the single class representative. See order for specifics. ( Signed by Judge Barbara M. Lynn ) Copies to counsel: 10.23.02 Page(s): 12 (mlh) (Entered: 10/23/2002)
11/04/2002 167 APPLICATION & ORDER granting permission for Scott H. Saham to appear pro hac vice on behalf of plaintiffs. ( Signed by Judge Barbara M. Lynn ) Copies to counsel: 11.5.02 Page(s) 6 (mlh) Modified on 11/05/2002 (Entered: 11/05/2002)
01/21/2003 168 NOTICE OF CHANGE OF FIRM NAME by plaintiffs Robert A Staub, et al (4) (vdf) (Entered: 01/22/2003)
03/03/2003 169 ORDER SCHEDULING HEARING. The Court orders counsel for the plaintiffs and defendants to appear for a hearing on 3/18/2003 at 4:30 p.m. to discuss status and resolution of the proposed settlement of this action. See order for specifics. (Signed by Judge Barbara M. G. Lynn on 3/3/03) (aat, ) (Entered: 03/05/2003)
03/18/2003 170 MINUTE ENTRY for proceedings held before Judge Barbara M. G. Lynn : Status Conference held on 3/18/2003. The Court held a status conference regarding resolution of possible impediments to settlement of this case. No order to enter. (Court Reporter Sue Engledow) (nap) (Entered: 03/21/2003)
07/31/2003 171 STIPULATION AND AGREEMENT OF SETTLEMENT by parties. See document for specifics. (Attachments not imaged)(USC) (jyg, ) (Entered: 08/01/2003)
08/01/2003 172 PRELIMINARY ORDER IN CONNECTION WITH SETTLEMENT PROCEEDINGS...the parties entered into a stipulation and agreement of settlement. The Settlement Fairness Hearing is hereby scheduled to be held before the Court on 10/14/03 at 11:00 am. See order for details. (attachments not imaged) (Signed by Judge Barbara M. G. Lynn on August 1, 2003) (jyg, ) (Entered: 08/01/2003)
10/07/2003 173 ***WITHDRAWN PER ORDER, DOCUMENT #188*** MOTION for final approval of settlement and plan of allocation of settlement proceeds; and 2) award of attorneys' fees and reimbursement of expenses by plaintiffs, et al. (cxb) (Entered: 10/09/2003)
10/07/2003 174 Memorandum of Law in Support of 173 Motion for final approval of settlement and plan of allocation of settlement proceeds; and 2) award of attorneys' fees and reimbursement of expenses filed by plaintiffs, et al. (cxb) (Entered: 10/09/2003)
10/07/2003 175 Memorandum of Law in Support of 173 Motion for final approval of settlement and plan of allocation of settlement proceeds; and 2) award of attorneys' fees and reimbursement of expenses filed by plaintiffs, et al. (Exhibits not imaged.) (cxb) (Entered: 10/09/2003)
10/07/2003 176 Appendix in Support of 173 Motion for final approval of settlement and plan of allocation of settlement proceeds; and 2) award of attorneys' fees and reimbursement of expenses filed by plaintiffs, et al. (USC/Not imaged.)(cxb) (Entered: 10/09/2003)
10/07/2003 177 COMPENDIUM OF UNREPORTED AUTHORITIES CITED in the 175 Memorandum of Law in Support of 173 Motion for final approval of settlement and plan of allocation of settlement proceeds; and 2) award of attorneys' fees and reimbursement of expenses filed by plaintiffs, et al. (USC/Not imaged.)(cxb) (Entered: 10/09/2003)
10/09/2003 178 NOTICE of motion of Finkelstein Thompson & Loughran for attorneys fees and reimbursement of expenses by Robert A Staub. (cxb) (Entered: 10/10/2003)
10/09/2003 179 MOTION of Finkelstein Thompson & Loughran for attorney fees and reimbursement of expenses by Robert A Staub. (Exhibits not imaged.) (cxb) (Entered: 10/10/2003)
10/09/2003 180 Memorandum of Law in Support of 179 Motion for attorney fees and reimbursement of expenses filed by Robert A Staub. (Exhibits not imaged.)(cxb) (Entered: 10/10/2003)
10/09/2003 181 DECLARATION OF BURTON H. FINKELSTEIN in support of 179 Motion for attorney fees and reimbursement of expenses by Robert A Staub. (Exhibits not
imaged.)(cxb) (Entered: 10/10/2003)
10/10/2003 182 Memorandum of Law in Support of 179 Motion for attorney fees and reimbursement of expenses filed by Robert A Staub. (cxb) (Entered: 10/14/2003)
10/14/2003 183 ORDER Awarding Plaintiff's Counsel's Fees and Reimbursement of Expenses, granting 173 Motion for Attorney Fees. The Court hereby awards Plaintiffs' Counsel attorneys' fees of 30% of the Settlement Fund excluding interest and reimbursement of litigation expenses in the amount of $394,014.67. See order for specifics. (Signed by Judge Barbara M. G. Lynn on 10/14/2003) (nap) (Entered: 10/15/2003)
10/14/2003 184 ORDER Approving Plan of Allocation of Settlement Proceeds, granting 173 Motion for final approval of settlement and plan of allocation of settlement proceeds. See order for specifics. (Signed by Judge Barbara M. G. Lynn on 10/14/2003) (nap) (Entered: 10/15/2003)
10/14/2003 185 ORDER AND FINAL JUDGMENT. The Settlement is approved as fair, reasonable and adequate to the Class, and the Parties are directed to consummate the Settlement in accordance with the terms and provisions of the Stipulation. The Complaint, the complaints filed in the twenty-three suits consolidated in this Action, and this Action are hereby dismissed with prejudice and without costs as against the Defendants. See judgment for specifics. (Signed by Judge Barbara M. G. Lynn on 10/14/2003) (nap) (Entered: 10/15/2003)
10/14/2003 187 Minute Entry for proceedings held on 10/14/03 before Judge Barbara M. G. Lynn : Settlement Hearing. A hearing was held on Plas' Mtn for (1) Final Approval of Settlement & Plan of Allocation of Settlement Proceeds; and (2) Award of Attys' Fees & Reimbursement of Expenses. After hearing argument of counsel, the Court entered an Order Awarding Plas' Counsel's Fees & Reimbursement of Expenses, and an Order and Final Judgment. See record for specifics. Orders to enter.(Court Reporter Sue Engledow.) (nap) (Entered: 10/21/2003)
10/15/2003 186 UNOPPOSED MOTION to Withdraw without Prejudice 173 Motion of Finkelstein Thompson & Loughran for Attorneys Fees and Reimbursement of Expenses by Robert A Staub. (nap) (Entered: 10/17/2003)
10/20/2003 188 ORDER granting 186 Motion to Withdraw without Prejudice 173 Motion of Finkelstein Thompson & Loughran for Attorneys Fees and Reimbursement of Expenses. The Court orders that the Motion be, and hereby is, withdrawn without prejudice. (Signed by Judge Barbara M. G. Lynn on 10/20/03) (nap ) (Entered: 10/22/2003)
10/22/2003 189 DECLARATION/CERTIFICATE OF SERVICE of Orders and Judgment by Yvette Gray. (nap, ) (Entered: 10/24/2003)
10/23/2003 190 TRANSCRIPT of Settlement Hearing Proceedings held on 10/14/03 before Judge Barbara M. G. Lynn. Court Reporter: Sue Engledow. (USC/Not imaged)(nap, ) (Entered: 10/28/2003)
07/06/2004 191 NOTICE of Change of Address of Class Member by Michael Sterling. New address is: 3540 Wilshire Boulevard, Ste. 909, Los Angeles CA, 90010. (nap, ) (Entered: 07/07/2004)
01/18/2005 192 MOTION to Distribute Settlement Proceeds by Robert A Staub, Robert Dipippo, Robert Ziatz, Marilyn Mandel, Allied Marketing Group, Inc, Larry C Bowman, Stephen Greenberg, Louis J Varricchio, Roland Breininger, Samuel J Middleton, Sol Wiener, Nicholas Milana, Jeffrey G Golias, Bruce Rozenblit, Vivien Ma with Brief in Support. (nap, ) (Entered: 01/20/2005)
01/18/2005 193 Appendix in Support re 192 MOTION to Distribute Settlement Proceeds filed by Robert A Staub, Robert Dipippo, Robert Ziatz, Marilyn Mandel, Allied Marketing Group, Inc, Larry C Bowman, Stephen Greenberg, Louis J Varricchio, Roland Breininger, Samuel J Middleton, Sol Wiener, Nicholas Milana, Jeffrey G Golias, Bruce Rozenblit, Vivien Ma. (Attachments: # 1 Exhibit Attachment 1# 2 Exhibit Attachment 2)(nap, ) (Entered: 01/20/2005)
01/31/2005 194 ORDER granting 192 Motion to Distribute Settlement Proceeds. See order for specifics. (Signed by Judge Barbara M. G. Lynn on 1/31/05) (nap, ) (Entered: 02/02/2005)
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
