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US District Court Civil Docket as of 12/20/2004
U.S. District Court Southern District of Texas (Houston)
CIVIL DOCKET FOR CASE #: 4:99-cv-00280
In re: Svc Corp Intl, et al v. Assigned to: Judge Lynn N. Hughes Demand: $0 Related Case: 4:04-cv-04249Cause: 15:78m(a) Securities Exchange Act
Date Filed: 01/26/1999 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
PlaintiffDana Ashton represented by Christopher W Cofer
Cofer & Associates PA 840 East River Plaza Ste 604 Jackson, MS 39202 601-352-1215 Fax: 601-420-9620 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey W Chambers Ware Snow et al 2929 Allen Pkwy 42nd Flr Houston, TX 77019 713-659-6400 Fax: 713-659-6262 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan K Levine Kaplan Kilsheimer and Fox 805 Third Ave New York, NY 10022 212-687-1980 Fax: 212-687-7714 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert C Finkel Wolf Popper LLP 845 Third Ave New York, NY 10022 212-759-4600 Fax: 212-486-2093 fax
LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger B Greenberg Schwartz Junell et al 909 Fannin Ste 2000 Houston, TX 77010 713-752-0017 Fax: 713-752-0327 fax Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Mark W Collmer represented by John G Emerson, Jr Emerson Poynter LLP 830 Apollo Lane Houston, TX 77058 713-488-8854 Fax: 713-488-8867 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert C Finkel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
A Carl Helwig represented by Abraham Rappaport Milberg Weiss et al 5355 Town Center Rd Ste 900 Boca Raton, FL 33486 561-361-5050 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan K Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Alan T Hoyt represented by Jeffrey W Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Michael G Wasson represented by John G Emerson, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Joseph Eichenbaum represented by Jeffrey W Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Allan Lisse represented by Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Raymond J Obuchowski represented by Anthony Field Constant Constant & Vela 1570 Frost Bank Plz Corpus Christi, TX 78470 361-698-8000 Fax: 361-887-8010 fax Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jacob B Perkinson Johnson & Perkinson PO Box 2305 South Burlington, VT 05407-2305 802-862-0030 Fax: 802-862-0060 ATTORNEY TO BE NOTICED
Plaintiff
Erica A Wetzel represented by John G Emerson, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Tammy Newman represented by Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas E Bilek 1000 Louisiana Suite 1302 Houston, TX 77002 713-227-7720 Fax: 713-227-9404 Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Robert Markewich represented by Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas E Bilek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Patricia L Ratner represented by Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas E Bilek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Joseph DA Fonseca represented by Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas E Bilek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Gisela Friedman represented by Kenneth S Marks Susman Godfrey LLP 1000 Louisiana Ste 5100 Houston, TX 77002-5096 713-651-9366 Fax: 713-654-6666 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED
Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Michael Zelman represented by Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas M Melsheimer Fish and Richardson 1717 Main St Ste 5000 Dallas, TX 75201 214-747-4001 Fax: 214-747-2091 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Mary Louise Rubin represented by Kenneth S Marks (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger B Greenberg (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Robert Winocour represented by Jeffrey H Squire Kirby McInerney & Squire 830 Third Ave 10th Floor New York, NY 10022 212-317-2300 LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger Farrell Claxton Claxton & Hill PLLC 3131 McKinney Ave Ste 700
Dallas, TX 75204-2471 214-969-9029 Fax: 214-953-0583 fax TERMINATED: 01/14/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Jim Engelage TERMINATED: 01/14/2000
represented by Jim Engelage PRO SE Roger Farrell Claxton (See above for address) TERMINATED: 01/14/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Louisiana School Employees Retirement System
represented by Douglas M McKeige Bernstein Litowitz et al 1285 Avenue of the Americas 33rd Fl New York, NY 10019 212-554-1481 Fax: 212-554-1444 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED Glen DeValerio Berman DeValerio et al One Liberty Sq Boston, MA 02109 617-542-8300 Fax: 617-542-1194 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey W Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kenneth S Marks (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Paradis
Abbey Gardy LLP 212 E 39th St New York, NY 10016 212-889-3700 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert M Kornreich Wolf Popper LLP 845 Third Ave New York, NY 10022 212-451-9631 Fax: 212-486-2093 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven E Cauley Emerson Poynter LLP PO Box 25438 Little Rock, AR 72221-5438 501-312-8500 Fax: 501-312-8505 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G Schulman Milberg Weiss et al One Pennsylvania Plaza New York, NY 10119-0165 212-594-5300 Fax: 212-868-1229 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J Toll Cohen Milstein et al 1100 New York Ave NW Ste 500 W Twr Washington, DC 20005 202-408-4600 LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher W Cofer (See above for address)
Plaintiff
Rujira Srisythep represented by Roger B Greenberg (See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Matt Hulsizer on behalf of Peak 6 Investments
represented by Douglas M McKeige (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey W Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Paradis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert M Kornreich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven E Cauley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G Schulman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J Toll (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Robert E Turner represented by Douglas M McKeige (See above for address) LEAD ATTORNEY
ATTORNEY TO BE NOTICED Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey W Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Paradis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert M Kornreich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven E Cauley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G Schulman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J Toll (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Michael E Novelli represented by Douglas M McKeige (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey W Chambers
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Paradis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert M Kornreich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven E Cauley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G Schulman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J Toll (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Mary O Novelli represented by Douglas M McKeige (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey W Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Paradis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert M Kornreich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven E Cauley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G Schulman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J Toll (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Jose Garcia, Sr represented by Douglas M McKeige (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Glen DeValerio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey W Chambers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul Paradis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert M Kornreich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven E Cauley (See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G Schulman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J Toll (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Asbestos Workers Local 53 Pension Fund
represented by Christopher A Kesler Bruckner Burch PLLC 5847 San Felips Ste 3900 Houston, TX 77057 713-877-8788 LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher W Cofer (See above for address)
Plaintiff
Individually Susanne Parker and as a representative of the class
represented by Susanne Parker 303 Spyglass Drive Lufkin, TX 75901 PRO SE George Edmond Chandler Attorney at Law P O Box 340 Lufkin, TX 75902-0340 936-632-7778 Fax: 936-632-1304 fax TERMINATED: 03/10/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sam W Cruse, Jr Cruse Scott et al 2777 Allen Pkwy 7th Flr Houston, TX 77019 713-650-6600
Fax: 713-650-1720 fax TERMINATED: 03/10/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Charles Fredrick represented by Charles Fredrick PRO SE George Edmond Chandler (See above for address) TERMINATED: 03/10/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sam W Cruse, Jr (See above for address) TERMINATED: 12/04/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles Fredrick 303 Innisbrook Dr Lufkin, TX 75901 936-632-1195 Fax: 936-632-5028 ATTORNEY TO BE NOTICED
Plaintiff
The T Rowe Price Plaintiffs represented by Kenneth R Wynne The Wynne Law Firm 2730 JP Morgan Chase Twr Houston, TX 77002 713-227-8835 Fax: 713-227-6205 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Defendant
Service Corporation International represented by J Clifford Gunter, III Bracewell & Patterson 711 Louisiana Ste 2900 Houston, TX 77002
713-221-1213 Fax: 713-221-2164 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
R L Waltrip represented by J Clifford Gunter, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
L William Heiligbrodt represented by J Clifford Gunter, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
George R Champagne represented by J Clifford Gunter, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Vincent L Visosky
Defendant
Glenn McMillen
Defendant
John W Morrow, Jr
Defendant
William B Waltrip
Defendant
W Mark Hamilton
Defendant
Lowell A Kirkpatrick, Jr
Defendant
Jack Finkelstein
Defendant
B D Hunter
Movant
James P Hunter, III represented by Mark L D Wawro Susman Godfrey 1000 Louisiana St Ste 5100 Houston, TX 77002-5096 713-653-7804 Fax: 713-654-6675 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
James P James P. Hunter, III Family Trust
represented by Mark L D Wawro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Thomas Conway represented by Robert Benjamin Dubose Cook & Roach LLP 1111 Bagby Ste 2650 Houston, TX 77002-2778 713-652-2939 Fax: 713-652-2800 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald Earl Cook Cook & Roach LLP 1111 Bagby Ste 2650 Houston, TX 77002 713-652-2800 Fax: 713-652-2029 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
John Conway represented by Robert Benjamin Dubose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald Earl Cook (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Conway Trust represented by Robert Benjamin Dubose (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald Earl Cook (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
Calvin J Pacston
Plaintiff
Jack Treadwell represented by John G Emerson, Jr (See above for address) ATTORNEY TO BE NOTICED
Movant
Thomas R Glenn
Movant
Reliance Insurance Company (IN REHABILITATION) TERMINATED: 02/25/2002
represented by John Alexander Irvine Porter & Hedges 700 Louisiana 35th Fl Houston, TX 77002-2764 713-226-0605 Fax: 713-226-0205 fax TERMINATED: 02/25/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed # Docket Text
01/26/1999 1 COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 486451 (bchurchill) (Entered: 01/27/1999)
01/26/1999 2 ORDER for Conf set initial pretrial conference for 3:30 5/10/99 before Judge Lynn N. Hughes , entered; Parties notified. (bchurchill) (Entered: 01/27/1999)
02/02/1999 3 ORIGINAL ANSWER to Complaint by Service Corp Int'l (Added attorney J Clifford Gunter III), filed. (ltien) (Entered: 02/02/1999)
02/02/1999 4 MOTION to dismiss by Service Corp Int'l, Motion Docket Date 2/22/99 [4-1] motion , filed. (ltien) (Entered: 02/02/1999)
02/02/1999 5 MOTION to consolidate cases 99-280, 99-283 and 99-297 by Service Corp Int'l, Motion Docket Date 2/22/99 [5-1] motion , filed. (ltien) (Entered: 02/02/1999)
02/22/1999 6 Letter from atty Andrew Edison advising that Service Corp Int'l hereby withdraws its motion to dismiss, filed (ltien) (Entered: 02/23/1999)
02/24/1999 7 AGREED MOTION to consolidate cases by Service Corp Int'l, Motion Docket Date 3/16/99 [7-1] motion , filed. (psmith) (Entered: 02/24/1999)
02/25/1999 Deadline updated per instruction of case manager; withdrawing Service Corp International's [4-1] motion to dismiss (ltien) (Entered: 02/25/1999)
03/09/1999 8 ORDER OF CONSOLIDATION granting deft's [5-1] and [7-1] motions to consolidate; 99-283, 99-297, 99-321, 99-368, 99-389, 99-401, 99-411, 99-417, 99-421, 99-469, 99-495, 99-494, 99-505, 99-520, 99-539 and 99-547 are subsumed in 99-280 and cease to have an independent identity. The unified case will pend as 99-280. Pretrial conference set for 9:00 3/19/99 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 03/09/1999)
03/09/1999 Consolidated Lead Case (ltien) (Entered: 03/09/1999)
03/11/1999 9 CERTIFICATE OF INTERESTED PARTIES by pltfs Dana Ashton et al, filed. (ltien) (Entered: 03/11/1999)
03/17/1999 10 CERTIFICATE OF INTERESTED PARTIES by Service Corp Int'l , filed. (fmremp) (Entered: 03/17/1999)
03/17/1999 11 MOTION to consolidate cases by Service Corp Int'l, Motion Docket Date 4/6/99 [11-1] motion , filed. (fmremp) (Entered: 03/17/1999)
03/17/1999 12 ORDER OF ADDITIONAL CONSOLIDATION granting [11-1] second agreed motion to consolidate cases; 99-476, 99-568 and 99-770 are consolidated into 99-280 and cease to have an independent identity. The unified case will pend as 99-280. Set pretrial conference for 9:00 3/19/99 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 03/18/1999)
03/19/1999 14 CONFERENCE MEMORANDUM held on 3/19/99. Counsel appeared. By March
29, 1999 counsel for pltfs must move to be named lead counsel. A pretrial conference is set for 4:00 3/31/99 . The pretrial conference set May 10 is cancelled. terminated deadlines , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 03/22/1999)
03/22/1999 13 ORDER , entered; Parties notified. Abraham Rappaport is admitted pro hac vice as attorney for A Carl Helwig. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 03/22/1999)
03/26/1999 15 ORDER resetting pretrial conference for 3:00 4/1/99 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 03/26/1999)
03/29/1999 16 The Service Corp Pltf Group's MOTION for appointment of the Service Corp Pltf Group as lead pltf , and for approval of selection of lead counsel by Matt Hulsizer, Louisiana School Employees Retirement System, Robert E Turner, Michael E Novelli, Mary O Novelli, Jose Garcia Sr, Motion Docket Date 4/18/99 [16-1] motion, 4/18/99 [16-2] motion , filed. (ltien) (Entered: 03/30/1999)
03/29/1999 17 MEMORANDUM of Law by Matt Hulsizer, Louisiana School Employees Retirement System, Robert E Turner, Michael E Novelli, Mary O Novelli, Jose Garcia Sr in support of their [16-1] motion for appointment of the Service Corp Pltf Group as lead pltf, [16-2] motion for approval of selection of lead counsel , filed (ltien) (Entered: 03/30/1999)
03/29/1999 18 AFFIDAVIT of Jeffrey W Chambers and attached exhibits in support of [16-1] motion for appointment of the Service Corp Pltf Group as lead pltf, [16-2] motion for approval of selection of lead counsel , filed (in brown expandex folder) (ltien) (Entered: 03/30/1999)
04/01/1999 19 CONFERENCE MEMORANDUM following pretrial conference held on 4/1/99, terminated deadlines . Apps: Edison f/Service Corp International, Greenberg/Sharp f/Srysithep, Chambers f/Ashton, Ginsberg f/Louisiana School Employees' Retirement System. Paul Parads is admitted pro hac vice. Louisiana School Employees' Retirement System must respond to the proposal for lead pltfs and lead counsel by 4/7/99, in two pages or less; Response to motion reset to 4/7/99 for [16-1] motion for appointment of the Service Corp Pltf Group as lead pltf, [16-2] motion for approval of selection of lead counsel , Motion Docket Date 4/7/99 for [16-1] motion for appointment of the Service Corp Pltf Group as lead pltf, [16-2] motion for approval of selection of lead counsel . Ashton must furnish his proposed scheduling order on disk to chambers by 4/7/99; notice of compliance due for 4/7/99 . Set review deadline for 4/12/99 , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 04/05/1999)
04/06/1999 20 Position on Lead Pltf and Counsel, by Louisiana School Employees' Retirement System, filed (ltien) (Entered: 04/06/1999)
04/07/1999 21 ANOTHER AGREED MOTION to consolidate case 99-934 into 99-280 by Service Corp Int'l , filed. (ltien) (Entered: 04/07/1999)
04/13/1999 MAIL RETURNED UNDELIVERABLE as to Steven E Cauley, atty for Service Corp Pltf Group: Matt Hulsizer, Louisiana School Employees' Retirement System et al re: [19-6] conference memorandum; remailed to Cauley with more complete address per phone call to his office (ltien) (Entered: 04/13/1999)
04/13/1999 22 ORDER OF CONSOLIDATION granting [21-1] agreed motion to consolidate case 99-934 into 99-280 , entered; 99-934 ceased to have an independent identity. The unified case will pend as 99-280. Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 04/13/1999)
04/13/1999 23 Letter from J Clifford Gunter III, atty for Service Corp Int'l, advising that Judge Howell Cobb of the Eastern District of Texas has transferred cause no 9-99-CV58 to the Southern District of Texas for consolidation with this litigation, filed (ltien) (Entered: 04/15/1999)
04/15/1999 Deadline updated; Misc review deadline set for 5/3/99 (psmith) (Entered: 04/15/1999)
04/22/1999 Deadline updated; reset review deadline for 5/10/99 before Judge Lynn N. Hughes (fmremp) (Entered: 04/22/1999)
04/30/1999 24 Letter from J Clifford Gunter III, atty for Service Corp Int'l, re: status of related litigation, filed (ltien) Modified on 05/04/1999 (Entered: 05/03/1999)
05/12/1999 Deadline updated; Reset review deadline for 6/1/99 (psmith) (Entered: 05/12/1999)
05/17/1999 25 MOTION to consolidate cases 99-1420 and 99-1421 transferred from the Eastern District of Texas into 99-280 by Service Corp Int'l, Motion Docket Date 6/6/99 [25-1] motion , filed. (ltien) (Entered: 05/17/1999)
05/18/1999 26 ORDER OF CONSOLIDATION granting Service Corp International's [25-1] motion to consolidate; 99-1420 and 99-1421 are subsumed by 99-280 and cease to have an independent identity, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 05/19/1999)
05/25/1999 27 SUPPLEMENT to her motion to dismiss, by Susanne Parker, filed. (Susanne Parker's motion to dismiss is filed in 98-1420) (ltien) (Entered: 05/25/1999)
06/09/1999 28 ORDER on Lead Plaintiffs and Counsel, entered; the lead pltfs are Rujira Srisythep, Carl Helwig and Allan Lisse; counsel for lead pltfs is Roger B Greenberg. Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 06/10/1999)
06/09/1999 Deadline updated per instruction of case manager and [28-1] order; denying [16-1] motion for appointment of the Service Corp Pltf Group as lead pltf and [16-2] motion for approval of selection of lead counsel (ltien) (Entered: 06/10/1999)
06/09/1999 29 INITIAL SCHEDULING ORDER; lead pltfs must move for class certification by 7/16/99 ; defts must respond by 8/6/99. Lead pltfs must file a master consolidated complaint by 9/3/99 ; defts must respond by 9/17/99. Defts may move to dismiss complaint by 10/1/99 ; lead pltfs must respond by 10/29/99. Hearing on class certification set for 9:30 8/17/99 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 06/10/1999)
06/09/1999 30 ORDER; by 7/28/99, lead pltfs and defts must file a draft notice of class certification and deliver a copy of it on a diskette to chambers; notice of compliance due for 7/28/99 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 06/10/1999)
07/12/1999 31 MOTION for entry of document preservation and case management order pertaining to lead counsel by lead pltfs Rujira Srisythep, Allan Lisse, A Carl Helwig, Motion Docket Date 8/1/99 [31-1] motion , filed. (ltien) (Entered: 07/13/1999)
07/16/1999 32 MOTION for class certification by lead pltfs Rujira Srisythep, Allan Lisse, A Carl Helwig, Motion Docket Date 8/5/99 [32-1] motion , filed. (ltien) (Entered: 07/19/1999)
07/28/1999 Rec'd and frwd to CRD: proposed notice/order of pendency of class action, proposed summary notice of pendency of class action (ltien) (Entered: 07/28/1999)
08/06/1999 34 Letter advising that Service Corp International and the individual defts have decided not to contest class certification at this time, from J Clifford Gunter atty for Service Corp Int'l et al, filed (ltien) (Entered: 08/11/1999)
08/10/1999 33 ORDER cancelling hearing set 8/17/99, terminated deadlines , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 08/10/1999)
08/25/1999 35 ORDER granting lead pltfs' [32-1] motion for class certification, entered; Rujira Srisythep, A Carl Helwig and Allan Lisse are the class representatives. Parties notified. (signed by Judge Lynn N. Hughes) (ltien) (Entered: 08/27/1999)
08/26/1999 36 ORDER approving the attached form for notice of a class action, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 08/27/1999)
08/30/1999 Deadline updated; set review deadline for 9/20/99 (ltien) (Entered: 08/30/1999)
09/03/1999 37 CONSOLIDATED CLASS ACTION COMPLAINT by Lead Pltfs Rujira Srisythep, A Carl Helwig, Allan Lisse filed (ltien) (Entered: 09/07/1999)
09/15/1999 38 CONFERENCE MEMORANDUM held in Chambers before Judge Lynn Hughes on 9/15/99: Appearances by Roger Greenberg f/Plaintiff and Cliff Gunter/Andy Eidson f/Defendant, Ct Reporter not present, Notice to Call is ABATED, Motion to dismiss deadline is extended until 10/8/99 , response to defendant's motion to dismiss is extended until 11/5/99 , misc review deadline 11/8/99 , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 09/15/1999)
09/17/1999 39 ANSWER to Consolidated Class Action Complaint by Service Corp Int'l, R L Waltrip, George R Champagne, L William Heiligbrodt, filed. (ltien) (Entered: 09/20/1999)
09/20/1999 40 UNOPPOSED MOTION for Kenneth S Marks to withdraw as attorney by Louisiana School Employees' Retirement System, Mary Louise Rubin, Gisela Friedman, Motion Docket Date 10/10/99 [40-1] motion , filed. (ltien) (Entered: 09/20/1999)
09/28/1999 41 ORDER granting [40-1] motion for Kenneth S Marks to withdraw as attorney for Gisela Friedman, Mary Louise Rubin, and Louisiana School Employees Retirement System, entered; within 30 days, the unrepresented party will obtain a new lawyer or notify court of intent to proceed without a lawyer. The withdrawing lawyer will serve a copy of this order on his former client and notify clerk in writing of client's address. Parties notified. (signed by Judge Lynn N. Hughes) (ltien) (Entered: 09/28/1999)
10/08/1999 42 MOTION to dismiss the consolidated class action complaint by Defts Service Corp Int'l, R L Waltrip, L William Heiligbrodt, George R Champagne, Motion Docket 10/28/99 [42-1] motion , filed. (fmremp) (Entered: 10/12/1999)
10/08/1999 43 EXHIBITS by Defts Service Corp Int'l, R L Waltrip, L William Heiligbrodt, George R Champagne in support of [42-1] motion to the consolidated class action complaint, filed. (Placed in Brown Expandable Folder) (fmremp) (Entered: 10/12/1999)
10/12/1999 44 NOTICE of Client's Addresses, by Gisela Friedman, Michael Zelman, Louisiana School Emp , filed (psmith) (Entered: 10/13/1999)
11/01/1999 45 Notice of change of address by Jonathan K Levine, attorney for Pltfs, filed. (psmith) (Entered: 11/01/1999)
11/05/1999 46 RESPONSE IN OPPOSITION by Pltfs Dana Ashton, et als to Defts' [42-1] motion to dismiss the consolidated class action complaint, filed (fmremp) Modified on 11/08/1999 (Entered: 11/08/1999)
11/24/1999 47 REPLY by defts Service Corp Int'l, et al. to pltfs' opposition to defts' [42-1] motion to dismiss the consolidated class action complaint , filed (khightower) Modified on 03/08/2001 (Entered: 11/26/1999)
12/20/1999 48 MOTION to stay discovery in related state court proceeding by defts Service Corp Int'l, et al., Motion Docket Date 1/9/00 [48-1] motion , filed. (khightower) (Entered: 12/20/1999)
12/23/1999 49 RESPONSE by movants James P Hunter III, James P Hunter Family Trust in opposition to deft's [48-1] motion to stay discovery in related state court proceeding , filed (khightower) (Entered: 12/27/1999)
01/13/2000 50 UNOPPOSED MOTION for voluntary dismissal by Jim Engelage, Motion Docket Date 2/2/00 [50-1] motion , filed. (ltien) (Entered: 01/13/2000)
01/13/2000 51 UNOPPOSED MOTION for Roger F Claxton and Robert J Hill to withdraw as local counsel by Robert Winocour, Jim Engelage, Motion Docket Date 2/2/00 [51-1] motion , filed. (ltien) (Entered: 01/13/2000)
01/14/2000 52 ORDER granting [50-1] unopposed motion for voluntary dismissal , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (khightower) (Entered: 01/14/2000)
01/14/2000 53 ORDER granting [51-1] unopposed motion for Roger F Claxton and Robert J Hill to withdraw as local counsel for Robert Wincour and Jim Engelage, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (khightower) (Entered: 01/14/2000)
01/28/2000 54 SUPPLEMENT to pltfs' [46-1] opposition response by pltfs Dana Ashton, et al., filed. (khightower) (Entered: 01/28/2000)
02/04/2000 55 NON-PARTY'S SUPPLEMENT to [49-1] opposition to defts' [48-1] motion to stay discovery in related state court proceeding by James P Hunter III, James P Hunter Family Trust, filed. (ddarneille) (Entered: 02/04/2000)
02/29/2000 56 Notice of change of address by Nadeem Faruqi, former atty for pltfs, filed. (ltien) (Entered: 02/29/2000)
03/07/2000 58 ORDER denying without prejudice pltfs' [31-1] motion for entry of document preservation and case management order pertaining to lead counsel , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 03/08/2000)
03/08/2000 57 UNOPPOSED MOTION for Sam W Cruse, Jr, Cruse, Scott, Henderson & Allen, LLP, George Edmond Chandler, Law Offices of George Chandler, Stephen E McConnico And Scott, Douglass & McConnico, LLP to withdraw as attorney by class members Susanne Parker, Charles Fredrick, Motion Docket Date 3/28/00 [57-1] motion , filed. (fmremp) (Entered: 03/08/2000)
03/10/2000 59 ORDER allowing withdrawal of Sam W Cruse and George Edmond Chandler as counsel for Susanne Parker and Charles Frederick; granting [57-1] motion for withdrawal of counsel. Within 30 days, the unrepresented parties will obtain a new lawyer or notify court of intent to proceed without a lawyer. The withdrawing lawyers shall serve a copy of this order on their former clients and notify clerk in writing of their addresses. Set review deadline for 4/17/00 , entered; Parties notified. (signed by Judge Lynn N. Hughes) (ltien) (Entered: 03/10/2000)
03/14/2000 60 ORDER granting [57-1] motion for Sam W Cruse, Jr, Cruse, Scott, Henderson & Allen, LLP, George Edmond Chandler, Law Offices of George Chandler, Stephen E McConnico And Scott, Douglass & McConnico, LLP to withdraw as attorneys for Susanne Parker and Charles Fredrick, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 03/14/2000)
03/16/2000 61 NOTIFICATION of addresses of Charles Fredrick and Susanne Parker, by former attorneys Sam Cruse and George Chandler filed (ltien) (Entered: 03/17/2000)
05/03/2000 62 NOTICE OF CHANGE OF ADDRESS by Pltfs Dana Ashton, Joseph Eichenbaum and Alan T Hoyt to Chambers Law Firm, 6440 N Central Expressway, Suite 416, Dallas, TX, 75206, (214) 378-8133, filed. (fmremp) (Entered: 05/03/2000)
05/08/2000 63 ORDER SETTING HEARING on the motion to stay state court discovery for 5/10/00 at 10:00 am before Judge Hughes, entered; Ptys ntfd. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 05/08/2000)
05/08/2000 64 EMERGENCY MOTION to stay discovery in the Charles Frederick State Court Case by Service Corp Int'l defts, Motion Docket Date 5/28/00 [64-1] motion , filed. (ddarneille) (Entered: 05/08/2000)
05/08/2000 65 REPLY by SCI Defts to Non-Party Hunter's Opposition to The SCI Defts' [64-1] motion to stay discovery, filed (fmremp) (Entered: 05/09/2000)
05/09/2000 66 RESPONSE by Charles Fredrick to the SCI Defts Emergency [64-1] motion to stay discovery in the Charles Frederick State Court Case , (psmith) (Entered: 05/09/2000)
05/10/2000 67 Minute entry of hearing before Judge Lynn Hughes: Appearances: W Clawater f/Aredrick, M Wawro f/Intervenor hunter, C Gunther f/deft SCI. Argument heard on pending motions. Order to be entered. terminated deadlines Ct Reporter: B Slavin. (ddarneille) (Entered: 05/10/2000)
05/10/2000 68 ORDER ON FREDRICK AND HUNTER STATE CASES: Charles Fredrick is a class member; he may not elsewhere pursue his claims however denominated and of whatever jurisdiction, arising out of the merger between Service and Equity (64);
The James P Hunter, III, Family Trust is a class member; it may not elsewhere pursue its claims, however denominated and of whatever jurisdiction, arising out of the merger between Service Corporation and Equity (48); James P Hunter, III, is excluded form the class only for his claims arising from his employment contract with Service; those claims will be individually litigated in this action (48), entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 05/11/2000)
05/10/2000 69 ORDER AMENDING CLASS DEFINITION: James P Hunter, III, as a former Equity executive who became an SCI executive is excluded from the exclusion of the definition of the class shareholders who are pltfs; this order amends that entered on 8/27/99, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 05/11/2000)
05/17/2000 70 LETTER from Craig von Sternberg RE: Andrew Edison, attorney for SCI, has informed me that at the hearing in the class case on defendant's motion to stay discovery in a state court action, the Court indicated it was going to consolidate the Treadwell case (CA H-00-250) with the class case. Mr. Treadwell's case is not a class case. Plaintiff, Jack Treadwell, respectfully requests that his case not be consolidated with the class action case. (dkelly) (Entered: 05/17/2000)
05/17/2000 71 LETTER from J. Clifford Gunter RE: Response to Mr. Von Sternberg's letter. Mr. Von Sternberg represents the Plaintiff in a closely related - in fact, virtually identical - securities fraud case styled CA H-00-250; Jack Treadwell v. Service Corp Intern'l, et al. The Treadwell case mirrors the class action litigation pending before this Court, except for the fact that it alleges a claim under a different federal securities law statute. The SCI defendants would respectfully request that the Treadwell case be moved to your Court so that the management of all the securities fraud actions can proceed under one umbrella. (dkelly) (Entered: 05/17/2000)
05/18/2000 72 LETTER from Roger Greenberg RE: clarification of claims being pursued by the class complaint. (dkelly) (Entered: 05/18/2000)
05/18/2000 73 NOTICE OF APPEAL of [68-1] order by James P Hunter III, James P Hunter Family Trust , filed. Fee Status: Pd Receipt #: 500532 (bdaniel) (Entered: 05/18/2000)
05/18/2000 74 DESIGNATION by James P Hunter III, James P Hunter Family Trust of record on appeal, filed (bdaniel) (Entered: 05/18/2000)
05/18/2000 Notice of appeal and Copy of docket transmitted to USCA: [73-1] appeal (bdaniel) (Entered: 05/18/2000)
05/18/2000 Appeal Filing Fee Paid; FILING FEE $ 105.00 RECEIPT # 500532/14007 (psmith) (Entered: 06/16/2000)
05/23/2000 75 ORDER OF CONSOLIDATION, entered: This case is CONSOLIDATED with 00-250. The unified case will pend as 99-280. A certified copy of order entered in 00-250. Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 05/24/2000)
05/26/2000 76 MOTION to stay of injuction pending appeal by James P Hunter III, James P Hunter Family Trust, Motion Docket Date 6/15/00 [76-1] motion , filed. (hlerma)
(Entered: 05/30/2000)
05/30/2000 77 Transcript request for the [73-1] Notice of appeal filed on May 18, 2000. This is to order a transcript of the hearing on the Motion to Stay held on May 10, 2000, by Ct Reporter: B Slavin, filed. (psmith) (Entered: 05/30/2000)
06/01/2000 78 ORDER denying Hunter's [76-1] motion to stay of injuction pending appeal , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 06/02/2000)
06/05/2000 NOTICE of Docketing NOA from USCA Re: [73-1] appeal USCA NUMBER: 00-20451 (mmapps) (Entered: 06/05/2000)
06/20/2000 Certified and transmitted record on appeal consisting of 30 volumes of pleadings to U.S. Court of Appeals: [73-1] appeal . Parties ntfd. (jdavenport) (Entered: 06/20/2000)
06/21/2000 80 NOTICE OF CHANGE OF FIRM NAME AND ADDRESS by Steven E Cauley and Paul Geller has changed its name to Cauley & Gelleri, filed; update to Attorney Admissions (fmremp) (Entered: 06/22/2000)
06/22/2000 79 TRANSCRIPT OF PROCEEDINGS of Hearing held before Judge Hughes, filed. ( Court Rptr: Bruce Slavin) (Loose in File) (fmremp) (Entered: 06/22/2000)
06/22/2000 Transmitted supplemental record on appeal: [73-1] appeal consisting of one volume of transcript (#79)(copy). (jdavenport) (Entered: 06/22/2000)
09/18/2000 81 EMERGENCY MOTION to stay discovery related state court proceedings by SCI Defts Motion Docket Date 10/8/00 [81-1] motion , filed. (fmremp) (Entered: 09/18/2000)
09/19/2000 82 RESPONSE by James P Hunter III, James P Hunter Family Trust in opposition to defts' [81-1] emergency motion to stay discovery related state court proceedings, filed. (ddarneille) (Entered: 09/19/2000)
10/05/2000 83 NOTICE of Change Of Firm Name, by Roger Greenberg, attorney for A Carl Helwig, Allan Lisse, Rujira Srisythep filed (psmith) (Entered: 10/05/2000)
10/05/2000 87 ORDER that James P Hunter, III and the James P Hunter, III, Family Trust may not pursue discovery in state court (81,82), entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 10/10/2000)
10/09/2000 84 JUDGMENT OF USCA (certified copy) 09/13/00 issued as mandate on 10/05/00 that the judgment of the District court is VACATED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court....FURTHER ORDERED that defendant-appelle Service Corporation Internation pay to movants-appellants the costs on appeal to be taxed by the Clerk of this Court, Re: [73-1] appeal , filed. CCA No. 00-20451 (mmapps) (Entered: 10/10/2000)
10/09/2000 85 Copy of PER CURIAM by USCA, filed. CCA No. 00-20451 (mmapps) (Entered: 10/10/2000)
10/09/2000 86 Copy of Bill of Costs by USCA in the amount of $ 415.00 against Service Corp Int'l , filed. CCA No. 00-20451 (mmapps) (Entered: 10/10/2000)
10/12/2000 88 DEFTS' REQUEST/MOTION for clarification of October 5, 2000 [87-1] order by Service Corp Int'l, R L Waltrip, L William Heiligbrodt, George R Champagne, Motion Docket Date 11/1/00 [88-1] motion , filed. (ddarneille) (Entered: 10/12/2000)
10/12/2000 89 OPPOSITION by James P Hunter III, James P Hunter Family Trust to SCI defts' [88-1] request/motion for clarification of October 5, 2000 [87-1] order, filed. (ddarneille) (Entered: 10/12/2000)
10/17/2000 Deadline updated; set review deadline for 11/6/00 before Judge Lynn N. Hughes (dkelly) (Entered: 10/17/2000)
10/23/2000 MAIL RETURNED UNDELIVERABLE as to Charles Fredrick re: [87-1] order; Remailed to 303 Innisbrook Drive, Lufkin, TX, 75901-7443 as indicated on yellow postal label (fmremp) (Entered: 10/24/2000)
02/21/2001 90 ORDER set status conference for 4:00 3/15/01 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (ltien) (Entered: 02/22/2001)
02/27/2001 91 LETTER from aty Gunter RE: request to reset status conference due to vacation plans. (dkelly) (Entered: 02/27/2001)
02/27/2001 92 ORDER reset status conference for 4:00 3/21/01 before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 02/28/2001)
03/07/2001 93 LETTER from aty Gunter RE: request to reschedule status conference; unavailable on 3/21/01. (dkelly) (Entered: 03/10/2001)
03/12/2001 94 ORDER SETTING CONFERENCE: status conference is reset to 4:00 pm on 4/4/01 before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 03/12/2001)
03/19/2001 95 NOTICE OF FIRM NAME CHANGE by Jacob B Perkinson, Attorney for Pltf Raymond J Obuchowsk to Johnson & Perkinson, filed (fmremp) (Entered: 03/20/2001)
04/04/2001 96 MINUTES OF CONFERENCE MEMORANDUM held in Chambers on 4/4/01 before Judge Hughes: App(s): Greenberg/Paradis/Sharp f/Pltfs, Gunter/Kruse/Mapkins f/Service Corp, Pltfs will give their expert report to SCI by 4/25/01; by 5/20/01, SCI will give pltfs its reliable, scientific cogent counter evaluation, the parties and SCI's insurers will meet between 5/21/01 and 6/1/01; the parties will jointly file a status report by 6/8/01; Review Deadline set for 6/18/01, entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (fmremp) Modified on 04/13/2001 (Entered: 04/06/2001)
06/08/2001 97 Letter STATUS REPORT re: settlement discussions by counsel for Service Corp Int'l, A Carl Helwig et al, filed. (ltien) (Entered: 06/11/2001)
06/12/2001 Deadline updated; reset review deadline for 7/16/01 before Judge Lynn N. Hughes (dkelly) (Entered: 06/12/2001)
06/25/2001 98 NOTICE OF ADDRESS CHANGE by Christopher W Cofer, Attorney for Pltfs Dana Ashton, etal, filed. (fmremp) (Entered: 06/25/2001)
06/25/2001 98 NOTICE SUBSTITUTION OF COUNSEL by Christopher W Cofer in place of Barry W Gilmore and the Gilmore Law Firm for Pltfs Dana Ashton,etals, filed and added . (fmremp) (Entered: 06/25/2001)
07/05/2001 99 ORDER To Substitute Counsel: Christopher W Cofer of law firm Cofer & Ogletree (address 2506 Lakeland Drive; Suite 600; Jackson, Mississippi 39208) substituted as counsel for putative class representatives Wayne Bishop, Nina Bishop, Michael Coile, and Tracy Coile (parties not added per LNH); Barry W Gilmer and the Gilmer Law Firm are withdrawn; granting [98-1] notice of attorney , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 07/06/2001)
07/09/2001 100 STATUS REPORT re: settlement discussions by A Carl Helwig, Service Corp Int'l et al, filed. (ltien) (Entered: 07/10/2001)
07/16/2001 Deadline updated; reset review deadline for 8/19/01 before Judge Lynn N. Hughes (dkelly) (Entered: 07/16/2001)
07/25/2001 101 MOTION to intervene to seek temporary stay by Reliance Ins Co, Motion Docket Date 8/14/01 [101-1] motion , filed. (fmremp) (Entered: 07/26/2001)
07/25/2001 102 MOTION for temporary stay pursuant to Order of Rehabilitation by Movant Reliance Ins Co, Motion Docket Date 8/14/01 [102-1] motion , filed. (fmremp) (Entered: 07/26/2001)
07/27/2001 103 ORDER that a status conference is set for 8/3/01 at 9:00 am before Judge Hughes, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 08/01/2001)
08/03/2001 104 MINUTES OF CONFERENCE MEMORANDUM held before Judge Hughes in Chambers on 8/3/01: Atty Apps by Greenberg/Kornreich/ Finkel/Emerson f/Pltfs, Cruse/Gunter/Hopkins/ f/Defts; Guyton/Shelger f/SCI, Chaumette/Novodad f/Potential Intervenors, Pltfs may supplement their response by 8/17/01; Defts may respond by 8/31/01 and Reliant's motion to stay is DENIED; Review deadline set 9/10/01, entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 08/07/2001)
08/03/2001 105 Letter NOTICE OF SETTLEMENT by J Clifford Gunter, III, Attorney for Defts Service Corp Int'l, etals, filed (fmremp) (Entered: 08/07/2001)
08/17/2001 106 SUPPLEMENTAL MEMORANDUM in further opposition to Defts' [42-1] motion to dismiss the consolidated class action complaint Pltfs Dana Ashton, etals, filed (fmremp) (Entered: 08/20/2001)
08/31/2001 107 RESPONSE by Defts Service Corp Int'l, etals Pltfs' [106-1] supplemental memorandum in further opposition to Defts' [42-1] motion to dismiss the consolidated class action complaint, filed. (Placed in Brown Expandable Folder) (fmremp) (Entered: 09/05/2001)
11/19/2001 108 Notice of change of address of atty Roger Greenberg for A Carl Helwig, Allan Lisse, Rujira Srisythep , filed. (ckrus) (Entered: 11/21/2001)
02/19/2002 109 Notice of change of address for co-counsel for plaintiffs, filed. (fmremp) (Entered: 02/20/2002)
02/25/2002 110 NOTICE OF CHANGE OF FIRM NAME AND ADDRESS by John G Emerson, Attorney for Pltfs Dana Ashton, etals; replacing Whittington, Von Sternberg, Emerson & Wilsher, LLP with The Emerson Firm's new information, filed (fmremp) (Entered: 02/26/2002)
02/25/2002 111 ORDER that Reliance's motion to intervene is DENIED (101-1), entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 02/27/2002)
03/19/2002 MAIL RETURNED UNDELIVERABLE as to Christopher A Kesler for Asbestos Workers re: [111-1] order, marked "wrong address", called attorney at number listed, no longer there frw'd to fileroom (sfedele) Modified on 03/20/2002 (Entered: 03/20/2002)
05/01/2002 112 LETTER/REQUEST of Norman P. Singer (1330 Rockview Ct; Silver Spring, MD 20906) to be added to the class of pltfs, and the name and address of the law firm handling the pltfs' claims , filed. (amaly) (Entered: 05/03/2002)
05/16/2002 113 CASES by Defts Service Corp Int'l, R L Waltrip, L William Heiligbrodt, George R Champagne supplemental memorandum of law in support of [42-1] motion to dismiss the consolidated class action complaint, filed. (fmremp) (Entered: 05/17/2002)
05/16/2002 114 SUPPLEMENTAL MEMORANDUM OF LAW in support of its [42-1] motion to dismiss the consolidated class action complaint by Service Corp Int'l, L Waltrip, L William Heiligbrodt, George R Champagne , filed. (fmremp) (Entered: 05/17/2002)
05/20/2002 115 Letter by A Carl Helwig, Allan Lisse, Rujira Srisythep stating that Pltfs counsel shall have 2 weeks from 5/20/02 to file responses to Defts' Supplemental Memorandum of Law in Support of Motion to Dismiss and Cases in Support of Defts' Supplemental Memorandum of Law in Support of Motion to Dismiss; Pltfs' responses shall be filed by 6/2/02; Pltfs will also be filing at that time a motion for status conference for sometime in June, 2002; fwd to file filed (fmremp) (Entered: 05/24/2002)
05/22/2002 116 LETTER REQUEST by Service Corp Int'l, R L Waltrip for status conference to be scheduled after 7/15/02, filed. (sguevara) (Entered: 05/28/2002)
05/24/2002 117 SECOND SUPPLEMENTAL BRIEF by Service Corp Int'l, R L Waltrip, et al in support further of the [42-1] motion to dismiss the consolidated class action complaint , filed. (sguevara) (Entered: 05/28/2002)
06/07/2002 118 MEMORANDUM OF LAW by Pltfs Dana Ashton, etals in Response to Defts' supplemental memorandum in support [42-1] motion to dismiss the consolidated class action complaint, filed (fmremp) (Entered: 06/10/2002)
07/16/2002 Appeal Filing Fee Paid; FILING FEE $ 105 RECEIPT # 500532/14007 (sjones) (Entered: 07/16/2002)
10/15/2002 119 Notice of change of address by attorney for Dana Ashton, Joseph Eichenbaum , filed. (psmith) (Entered: 10/15/2002)
11/13/2002 120 MOTION to set oral argument or status conference on defts' pending motion to dismiss the consolidated complaint by Dana Ashton, Mark W Collmer, A Carl Helwig, et al Motion Docket Date 12/3/02 [120-1] motion , filed. (sguevara)
(Entered: 11/14/2002)
11/15/2002 121 RESPONSE by Service Corp Int'l, R L Waltrip, et al to pltf's [120-1] motion to set oral argument or status conference on defts' pending motion to dismiss the consolidated complaint , filed. (sguevara) (Entered: 11/15/2002)
12/03/2002 122 ORDER setting pretrial conference for 3:30 pm on 12/9/02 before Judge Lynn N. Hughes , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (sguevara) (Entered: 12/04/2002)
12/04/2002 124 LETTER to Court from Roger Greenberg acknowledging NOTICE of Hearing: a miscellaneous hearing is set for 3:30 pm on 12/9/02 before Judge Lynn N. Hughes , filed. (sguevara) (Entered: 12/10/2002)
12/09/2002 123 Minute entry: Pretrial Conference held. Apps: R. Greenberg, R. Finkel f/pltf; C. Gunter, T. Kruse f/deft; R. Harrell, M. Moran, S. Lane f/insurance carriers. The parties discussed the status of the case with the Court. terminated deadlines . (sguevara) (Entered: 12/10/2002)
02/09/2004 125 LETTER to the court by atty for pltfs Dana Ashton, Mark W Collmer et al advising that mediation will be held 4/19/04 before Jonathan Marks, filed (sguevara) (Entered: 02/12/2004)
02/20/2004 Deadline updated; set review deadline for 4/26/04 before Judge Lynn N. Hughes (dkelly) (Entered: 02/20/2004)
07/20/2004 Conference call; preliminary hearing not needed. MDL cases factually distinct. (LNH) (dkelly) (Entered: 07/20/2004)
08/03/2004 126 STIPULATION OF SETTLEMENT by Dana Ashton, Service Corp Int'l, R L Waltrip, L William Heiligbrodt , filed. (psmith) (Entered: 08/06/2004)
08/03/2004 127 SEALED DOCUMENT placed in vault, filed. (psmith) (Entered: 08/06/2004)
08/03/2004 129 EMERGENCY MOTION to stay discovery in related state court proceedings , by Service Corp Int'l, R L Waltrip, Motion Docket Date 8/23/04 [129-1] motion , filed. (psmith) (Entered: 08/06/2004)
08/03/2004 139 MEMORANDUM by Dana Ashton, Mark W Collmer, A Carl Helwig, et al in support of pltfs' unopposed motion for preliminary approval ofproposed settlement, filed (sguevara) (Entered: 08/24/2004)
08/04/2004 130 REPLY by The T Rowe Price Pltfs to the [129-1] motion to stay discovery in related state court proceedings , filed. (psmith) (Entered: 08/11/2004)
08/04/2004 131 RESPONSE by The T Rowe Price to [129-1] motion to stay discovery in related state court proceedings , filed. (amaly) (Entered: 08/12/2004)
08/05/2004 128 ORDER TO STAY, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (amaly) (Entered: 08/06/2004)
08/06/2004 133 NOTICE OF APPEAL of [128-1] order by The T Rowe Price Pltfs , filed. Fee Status: Pd Receipt #: 4547121 (bdaniel) (Entered: 08/12/2004)
08/06/2004 134 DESIGNATION/"Certificate" by The T Rowe Price Pltfs of record on appeal, filed
(bdaniel) (Entered: 08/12/2004)
08/10/2004 132 Fax to Judge from Chuck Miller re order regarding stay (sfedele) (Entered: 08/12/2004)
08/12/2004 Notice of appeal and Copy of docket transmitted to USCA: [133-1] appeal (bdaniel) (Entered: 08/12/2004)
08/12/2004 135 OPINION ON DISCOVERY IN ARBITRATION, entered. Parties notified. The subpoenas are too broad because they do not relate to the claims in the arbitration. The discovery would also interfere with the class action in this court. Discovery for the arbitration will be limited to Conway's fraudulent-inducement claim. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 08/13/2004)
08/12/2004 136 ORDER On Discovery In Arbitration, entered; Parties notified. In the arbitration, Conway may not discover details about the SCI-ECI merger as they relate to state or federal securities law. Conway may seek information only about its fraudulent-inducement claims. Within these limits, Conway may request documents generated no later than Aug 6, 1998. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 08/13/2004)
08/12/2004 137 LETTER REQUEST by Service Corp Int'l, R L Waltrip et al for assistance regarding a dispute concerning the permissible scope of discovery in an arbitration proceeding involving some of the class members, filed. (sguevara) (Entered: 08/16/2004)
08/13/2004 146 LETER REQUEST by Thomas Conway, John Conway, Conway Trust to postpone ruling on stay of discovery, filed. (sguevara) (Entered: 08/27/2004)
08/16/2004 138 LETTER REQUEST by Thomas Conway, John Conway, Conway Trust to postpone ruling on the Mr. Edison's request for stay of the discovery in the Conway arbitration, filed. (sguevara) (Entered: 08/17/2004)
08/24/2004 140 ORDER OF PRELIMINARY APPROVAL entered: A hearing will be held at 2:00 pm on 11/4/04 to consider issues . Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 08/25/2004)
08/24/2004 141 THE PLAN OF ALLOCATION, filed (psmith) (Entered: 08/25/2004)
08/24/2004 142 ORDER, entered; Parties notified. The attached notice must be mailed to all potential class members. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 08/25/2004)
08/24/2004 143 ORDER, entered; Parties notified. The attached notice must be published in the Wall Street Journal on a Monday, Wednesday, and Friday for three consecutive weeks. It must also be published in the Houston Chronicle on a Monday, Wednesday, and Friday for one week. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 08/25/2004)
08/24/2004 MAIL RETURNED UNDELIVERABLE as to Raymond J Obuchowski re: [136-1] order (RTS) (sguevara) (Entered: 08/30/2004)
08/24/2004 MAIL RETURNED UNDELIVERABLE as to Dana Ashton re: [128-1] order (RTS; not deliverable as addressed; unable to forward) (sguevara) (Entered:
08/30/2004)
08/26/2004 144 LETTER REQUEST by Dana Ashton, Mark W Collmer, et al for the Court to schedule the final hearing in October, filed. (sguevara) (Entered: 08/26/2004)
08/26/2004 145 PROOF OF CLAIM AND RELEASE, filed. Claims to be filed by 12/20/04. Parties ntfd. (sguevara) (Entered: 08/26/2004)
08/26/2004 147 Emergency MOTION for reconsideration of [128-1] order to stay by Thomas Conway, John Conway, Conway Trust, Motion Docket Date 9/15/04 [147-1] motion , filed. (sfedele) (Entered: 08/27/2004)
08/30/2004 148 ORDER approving Roger Greenberg's proposal of alternative publication, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (sguevara) (Entered: 08/31/2004)
08/30/2004 MAIL RETURNED UNDELIVERABLE as to Christopher Cofer, atty for Dana Ashton re: [136-1] order (RTS; not deliverable as addressed) (sguevara) Modified on 09/01/2004 (Entered: 09/01/2004)
09/01/2004 Re-mailed #126 to Christopher Cofer, atty for Dana Ashton (sguevara) (Entered: 09/01/2004)
09/03/2004 149 Mail Returned Undeliverable as to atty Jacob B. Perkinson re: 140 Order, , filed. (mbergara, ) (Entered: 09/05/2004)
09/03/2004 150 Mail Returned Undeliverable as to Jacob B. Perkinson re: 143 Order, , filed. (mbergara, ) (Entered: 09/05/2004)
09/03/2004 151 ORDER Setting Hearing on Motion, Conway's [147] Motion for Reconsideration, Motion Docket Date: Motion Hearing set for 9/7/2004 08:30 AM before Judge Lynn N. Hughes..( Signed by Judge Lynn N. Hughes ) Parties notified.(sguevara, ) (Entered: 09/06/2004)
09/07/2004 152 Mail Returned Undeliverable to Christopher W Cofer re: 142 Order , filed. (sfedele, ) (Entered: 09/07/2004)
09/07/2004 153 Minute Entry for proceedings held before Judge Lynn N. Hughes. MISCELLANEOUS HEARING held on 9/7/2004. Appearances:Andrew Edison, Gail Foster, David Wynne, Ronald Earl Cook, Roger B Greenberg, J Clifford Gunter III, Kenneth R Wynne.(Court Reporter: Fred Warner)Order to be entered, filed.(jhancock) (Entered: 09/08/2004)
09/07/2004 154 ORDER: The orders dated August 5, 2004, and August 12, 2004, are vacated as they concern the Conways. The stays of discovery are vacated.( Signed by Judge Lynn N. Hughes ) Parties notified.(jhancock) (Entered: 09/08/2004)
09/07/2004 157 Mail Returned Undeliverable as to Christopher Cofer , filed. (psmith, ) (Entered: 09/10/2004)
09/07/2004 158 Mail Returned Undeliverable as to Christopher Cofer , filed. (psmith, ) (Entered: 09/10/2004)
09/08/2004 155 Mail Returned Undeliverable as to Christopher Cofer for Dana Ashton, et al re: 142 Order , filed. (sguevara, ) (Entered: 09/09/2004)
09/09/2004 156 LETTER to Judge Hughes from J Clifford Gunter III re: request to clarify that the discovery stay remains in place with respect to T Rowe Price and the class pltfs , filed. (psmith, ) (Entered: 09/10/2004)
09/09/2004 159 NOTICE of Change of Address by Christopher W Cofer , filed. (psmith, ) (Entered: 09/10/2004)
09/09/2004 160 LETTER REQUEST/MOTION for Clarification as to 154 Order by George R Champagne, Service Corporation International, eta al, filed. Motion Docket Date 9/29/2004. (sguevara, ) (Entered: 09/13/2004)
09/10/2004 162 Amended order. The orders dated August 5, 2004, and August 12, 2004, are vacated as they concern the Conways. The stays of discovery are vacated. The stays as they concern T. Rowe Price and the class plaintiffs remain. ( Signed by Judge Lynn N. Hughes ) Parties notified.(jhancock) (Entered: 09/13/2004)
09/13/2004 161 DESIGNATED Record on Appeal with certified docket sheet transmitted to US Court of Appeals for the Fifth Circuit Re [133] Notice of Appeal ; consisting of 1 Vol - Record (Copies of Instrs.#128-131,133 & 134) (), filed.(bdaniel, ) (Entered: 09/13/2004)
09/16/2004 163 Notice of Docketing Notice of Appeal from US Court of Appeals for the Fifth Circuit re [133] Notice of Appeal USCA No. 04-20712, filed.(bdaniel, ) (Entered: 09/18/2004)
09/20/2004 164 Mail Returned Undeliverable as to Christopher Cofer, atty for Dana Ashton, George R Champagne et al re: 151 Order Setting Hearing on Motion , filed. (sguevara, ) (Entered: 09/24/2004)
09/24/2004 165 Mail Returned Undeliverable re: 154 Order , filed. (gfrancis, ) (Entered: 09/29/2004)
09/27/2004 166 Mail Returned Undeliverable as to Christopher Kesler re: transmittal letter to the Fifth Circuit (#161) , filed. (sguevara, ) (Entered: 09/30/2004)
09/27/2004 167 Mail Returned Undeliverable as to Christopher Kesler re: 162 Order, , filed. (sguevara, ) (Entered: 09/30/2004)
09/28/2004 168 Mail Returned Undeliverable as to Jonathan K. Levine for A Carl Helwig re: 162 Order, , filed. (sguevara, ) (Entered: 10/04/2004)
10/12/2004 169 NOTICE of Receipt of Record on Appeal from US Court of Appeals for the Fifth Circuit Re: [133] Notice of Appeal. USCA No. 04-20712. Record received by USCA on 9/21/04, filed.(bdaniel, ) (Entered: 10/12/2004)
10/21/2004 170 TRANSCRIPT of hearing held on 9/7/04 before Judge Lynn N. Hughes. Court Reporter: Fred Warner , filed. (cpeebles) (Entered: 10/21/2004)
10/27/2004 171 AFFIDAVIT of Thomas R Glenn of mailing and publication of notice of proposed settlement, filed. (Attachments: # 1 EXHIBIT A&B# 2 EXHIBIT C# 3 TRANSACTION NOTICE)(sguevara, ) (Entered: 10/28/2004)
10/27/2004 172 JOINT DECLARATION OF ROGER B. GREENBERG AND ROBERT C. FINKEL in support of final approval of the proposed settlement and award of attys fees and expenses, filed. (Attachments: # 1 Exhibit A# 2 Exhibit B-F# 3 Exhibit
G)(sguevara, ) (Entered: 10/28/2004)
10/27/2004 173 MEMORANDUM in support of pltf's unopposed motion for fees and for reimbursement of expenses by Dana Ashton, Mark W Collmer,, et al, filed.(sguevara, ) (Entered: 10/29/2004)
10/27/2004 174 MEMORANDUM in support of pltfs' unopposed motion for final approval of proposed settlement by Dana Ashton, Mark W Collmer, et al, filed.(sguevara, ) (Entered: 10/29/2004)
11/01/2004 175 MOTION to Sever (the Treadwell action) by Jack Treadwell, filed. Motion Docket Date 11/21/2004. (Attachments: # 1 Proposed Order)(sguevara, ) (Entered: 11/01/2004)
11/03/2004 179 Letter from Roger Greenberg to Judge Hughes re: a courtesy copy of a final judgment and order of dismissal with prejudice and 24% attys fees , filed. (sguevara, ) (Entered: 11/08/2004)
11/04/2004 176 ORDER to Sever: Jack Treadwell's suit against Service Corporation International is severed. Treadwell's suit will pend as Jack Treadwell v. Service Corporation International, Civil Action H-04-4249. By November 12, 2004, he must (a) explain the absence of activity the last five years and his non-appearance in court today, and (b) amend his complaint.( Signed by Judge Lynn N. Hughes ) Parties notified.(jhancock) (Entered: 11/05/2004)
11/04/2004 177 ORDER Lifting Stay: The stay is lifted for cause 2004-429637; T. Rowe Price Balanced Fund, Inc., et al v. Service Corporation International, et al; in the 270th District Court of Harris County, Texas .( Signed by Judge Lynn N. Hughes ) Parties notified.(jhancock) (Entered: 11/05/2004)
11/04/2004 178 FINAL JUDGMENT .( Signed by Judge Lynn N. Hughes ) Parties notified.(jhancock) (Entered: 11/05/2004)
11/04/2004 180 Minute Entry for proceedings held before Judge Lynn N. Hughes. Proceedings held on 11/4/2004. Appearances:A. Edison, A. Pulaski, M. Rosen, M. Oathout, Robert C Finkel, Roger B Greenberg, J Clifford Gunter, III, Kenneth R Wynne.(Court Reporter: C. Barron), filed.(sguevara, ) (Entered: 11/08/2004)
11/04/2004 181 EXHIBITS from settlement hearing held November 4, 2004 by plaintiffs, filed.(sguevara, ) (Entered: 11/08/2004)
11/08/2004 184 NOTICE that claim was not mailed in time and request to remove Roger Greebgerg as counsel by Calvin J Pacston, filed. (sguevara, ) (Entered: 11/22/2004)
11/12/2004 182 TRANSCRIPT of settlement fairness hearing held on 11/4/04 before Judge Lynn N. Hughes. Court Reporter: Cheryll Barron , filed. (cpeebles) (Entered: 11/12/2004)
11/17/2004 183 ORDER of USCA for the Fifth Circuit (certified copy) dated 11/12/04 re: [133] Notice of Appeal. USCA No. 04-20712. Pursuant to appellant's motion this appeal is dismissed the 12th day of November, 2004,, filed.(mharrison, ) (Entered: 11/17/2004)
12/20/2004 185 Letter from George J McGuinness re: settlement , filed. (sfedele, ) (Entered:
12/22/2004)
12/20/2004 186 Letter from George J McGuinness of The Seeing Eye re: time to complete paperwork for Proof of Claims, filed. (ltien, ) (Entered: 12/22/2004)
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