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US District Court Civil Docket as of October 1, 2013 Retrieved from the court on October 11, 2013
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:11-cv-01340-TSZ
Callan v. Motricity Inc et al Assigned to: Judge Thomas S. Zilly Cause: 12:22 Securities Fraud
Date Filed: 08/12/2011 Date Terminated: 10/01/2013 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question
represented by Elizabeth Ann Leland KELLER ROHRBACK 1201 3RD AVE STE 3200 SEATTLE, WA 98101-3052 206-623-1900 Fax: FAX 623-3384 Email: [email protected] ATTORNEY TO BE NOTICED
Movant
The Lyons Family
Juli E. Farris KELLER ROHRBACK 1201 3RD AVE STE 3200 SEATTLE, WA 98101-3052 206-623-1900 Fax: 206-623-3384 Email: [email protected] ATTORNEY TO BE NOTICED
Lynn Lincoln Sarko KELLER ROHRBACK 1201 3RD AVE STE 3200 SEATTLE, WA 98101-3052 206-623-1900 Fax: FAX 623-3384 Email: [email protected] ATTORNEY TO BE NOTICED
Movant
Motricity Securities Investors Group Motricity Securities Investors Group
represented by Roger M Townsend BRESKIN JOHNSON & TOWNSEND PLLC 1111 THIRD AVE STE 2230 SEATTLE, WA 98101 206-652-8660 Fax: 206-652-8290
Email: [email protected] ATTORNEY TO BE NOTICED
Movant
Lobel Family represented by Bradley Jerome Moore STRITMATTER KESSLER WHELAN CALUCCIO (SEA) 200 2ND AVE W 2ND FLOOR SEATTLE, WA 98119-4204 206-448-1777 Email: [email protected] ATTORNEY TO BE NOTICED
John K Grant ROBBINS GELLER RUDMAN & DOWD LLP (SF) POST MONTGOMERY CENTER ONE MONTGOMERY STREET, SUITE 1800 SAN FRANCISCO, CA 94104 415-288-4545 Email: [email protected] ATTORNEY TO BE NOTICED
Movant
The Slattery Group represented by William R Spurr 1001 4TH AVENUE STE 3600 SEATTLE, WA 98154 206-682-2692 Fax: 206-682-2692 Email: [email protected] ATTORNEY TO BE NOTICED
Plaintiff
Joe Callan represented by Albert Y Chang individually and on behalf of all others
BOTTINI & BOTTINI, INC
similarly situated
7817 IVANHOE AVENUE, STE 102 LA JOLLA, CA 92037 858-914-2001 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Francis A. Bottini , Jr. BOTTINI & BOTTINI, INC 7817 IVANHOE AVENUE SUITE 102 LA JOLLA, CA 92037 858-914-2001 Email: [email protected] LEAD ATTORNEY
PRO HAC VICE ATTORNEY TO BE NOTICED
Steve W. Berman HAGENS BERMAN SOBOL SHAPIRO LLP (WA) 1918 8th AVE STE 3300 SEATTLE, WA 98101 206-623-7292 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yury A Kolesnikov BOTTINI & BOTTINI, INC 7817 IVANHOE AVENUE, STE 102 LA JOLLA, CA 92037 858-914-2001 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Armen Zohrabian ROBBINS GELLER RUDMAN & DOWD LLP (SF) POST MONTGOMERY CENTER ONE MONTGOMERY STREET, SUITE 1800 SAN FRANCISCO, CA 94104 415-288-4545 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Brian O O'Mara ROBBINS GELLER RUDMAN & DOWD LLP (SD) 655 W BROADWAY STE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Darren J Robbins ROBBINS GELLER RUDMAN & DOWD LLP 655 W BROADWAY STE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
David C Walton ROBBINS GELLER RUDMAN & DOWD LLP 655 W BROADWAY STE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
John K Grant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Karl Phillip Barth HAGENS BERMAN SOBOL SHAPIRO LLP (WA) 1918 8th AVE STE 3300 SEATTLE, WA 98101 206-623-7292 Email: [email protected] ATTORNEY TO BE NOTICED
Plaintiff
Wayne Browning represented by Dan Drachler ZWERLING SCHACHTER & ZWERLING 1904 3RD AVE STE 1030 SEATTLE, WA 98101 206-223-2053 Fax: 206-223-2053 Email: [email protected] ATTORNEY TO BE NOTICED
Plaintiff
Nada Haralovich represented by Dan Drachler (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Cliff Mosco represented by Armen Zohrabian (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
John K Grant (See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Karl Phillip Barth (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Rich Hardy represented by Armen Zohrabian (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
John K Grant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Karl Phillip Barth (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Mark Couch
represented by Duncan Calvert Turner individually and on behalf of all others
BADGLEY MULLINS LAW GROUP
similarly situated
701 FIFTH AVENUE STE 4750 SEATTLE, WA 98104 206-621-6566 Fax: FAX 621-9686 Email: [email protected] ATTORNEY TO BE NOTICED
Robert I Harwood HARWOOD FEFFER LLP 488 MADISON AVE 8TH FLOOR NEW YORK, NY 10022 212-935-7400 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Samuel K Rosen HARWOOD FEFFER LLP 488 MADISON AVE 8TH FLOOR NEW YORK, NY 10022 212-935-7400 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
V
Defendant
Motricity Inc represented by Katherine A. Heaton DLA PIPER US LLP (WA) 701 FIFTH AVE STE 7000 SEATTLE, WA 98104-7044 206-839-4842 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew Ramiro Escobar DLA PIPER US LLP (WA) 701 FIFTH AVE STE 7000 SEATTLE, WA 98104-7044 206-839-4828 Email: [email protected] ATTORNEY TO BE NOTICED
Stellman Keehnel DLA PIPER US LLP (WA) 701 FIFTH AVE STE 7000 SEATTLE, WA 98104-7044 206-839-4800 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant
Ryan K. Wuerch
represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED
Stellman Keehnel (See above for address) ATTORNEY TO BE NOTICED
Defendant
James R. Smith represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED
Stellman Keehnel (See above for address) ATTORNEY TO BE NOTICED
Defendant
Allyn P. Hebner represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED
Stellman Keehnel (See above for address)
ATTORNEY TO BE NOTICED
Defendant
James N. Ryan represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED
Stellman Keehnel (See above for address) ATTORNEY TO BE NOTICED
Defendant
Jeffrey A. Bowden
Defendant
Gary C. Hunter represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED
Stellman Keehnel (See above for address) ATTORNEY TO BE NOTICED
Defendant
Brett Icahn represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED
Stellman Keehnel (See above for address) ATTORNEY TO BE NOTICED
Defendant
Lady Barbara Judge represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED
Stellman Keehnel (See above for address) ATTORNEY TO BE NOTICED
Defendant
Suzanne H. King represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED
Stellman Keehnel (See above for address) ATTORNEY TO BE NOTICED
Defendant
Brian V. Turner represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED
Stellman Keehnel (See above for address) ATTORNEY TO BE NOTICED
Defendant
JP Morgan Securities Inc represented by Andrew M Farthing LATHAM & WATKINS (MENLO PK) 140 SCOTT DRIVE MENLO PARK, CA 94025 650-463-3004 Email: [email protected] TERMINATED: 06/07/2013 PRO HAC VICE
Patrick E Gibbs LATHAM & WATKINS (MENLO PK) 140 SCOTT DRIVE MENLO PARK, CA 94025 650-463-4696 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Peter Allen Wald LATHAM & WATKINS (SF) 505 MONTGOMERY ST STE 2000 SAN FRANCISCO, CA 94111 415-395-8006 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Ryan C Gist DAVIS WRIGHT TREMAINE (SEA) 1201 THIRD AVENUE STE 2200 SEATTLE, WA 98101-3045 206-409-4132 Email: [email protected] ATTORNEY TO BE NOTICED
Stephen M. Rummage DAVIS WRIGHT TREMAINE (SEA) 1201 THIRD AVENUE STE 2200 SEATTLE, WA 98101-3045 206-622-3150 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant
Goldman Sachs & Co. represented by Andrew M Farthing (See above for address) TERMINATED: 06/07/2013
PRO HAC VICE
Patrick E Gibbs (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Peter Allen Wald (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ryan C Gist (See above for address) ATTORNEY TO BE NOTICED
Stephen M. Rummage (See above for address) ATTORNEY TO BE NOTICED
Defendant
Deutsche Bank Securities, Inc. represented by Andrew M Farthing (See above for address) TERMINATED: 06/07/2013 PRO HAC VICE
Patrick E Gibbs (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Peter Allen Wald (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ryan C Gist (See above for address) ATTORNEY TO BE NOTICED
Stephen M. Rummage (See above for address) ATTORNEY TO BE NOTICED
Defendant
RBC Capital Markets Corporation represented by Andrew M Farthing (See above for address) TERMINATED: 06/07/2013 PRO HAC VICE
Patrick E Gibbs (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Peter Allen Wald (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ryan C Gist (See above for address) ATTORNEY TO BE NOTICED
Stephen M. Rummage (See above for address) ATTORNEY TO BE NOTICED
Defendant
Robert W. Baird & Co. Inc. represented by Andrew M Farthing (See above for address) TERMINATED: 06/07/2013 PRO HAC VICE
Patrick E Gibbs (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Peter Allen Wald (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ryan C Gist (See above for address) ATTORNEY TO BE NOTICED
Stephen M. Rummage (See above for address) ATTORNEY TO BE NOTICED
Defendant
Needham & Company LLC
represented by Andrew M Farthing (See above for address) TERMINATED: 06/07/2013 PRO HAC VICE
Patrick E Gibbs (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Peter Allen Wald (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ryan C Gist (See above for address) ATTORNEY TO BE NOTICED
Stephen M. Rummage (See above for address) ATTORNEY TO BE NOTICED
Defendant
Pacific Crest Securities LLC represented by Andrew M Farthing (See above for address) TERMINATED: 06/07/2013 PRO HAC VICE
Patrick E Gibbs (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Peter Allen Wald (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Ryan C Gist (See above for address) ATTORNEY TO BE NOTICED
Stephen M. Rummage (See above for address) ATTORNEY TO BE NOTICED
Defendant
Sohail Qadri
Date Filed
08/12/2011
08/15/2011
08/15/2011
# Docket Text
1 COMPLAINT against defendant(s) All Defendants (Receipt # 0981-2524278), filed by Joe Callan. (Attachments: # 1 Civil Cover Sheet)(Berman, Steve) (Entered: 08/12/2011)
Judge Thomas S. Zilly added. (MKB) (Entered: 08/15/2011)
2 Darren Robbins, David Walton and Frank Bottini advised via letter of requirement to appear pro hac vice and of ECF registration requirements. (MKB) (Entered: 08/15/2011)
08/15/2011 NOTICE to Filer: In order for the Clerks Office to add an attorney to the docket, the attorneys signature must appear on a pleading in accordance with FRCP Rule 11 and Local General Rule 2(h). Signatures must comply with Section III (L) of the Electronic Filing Procedures which states that An electronically filed pleading or other document which requires an attorneys signature must have the signors names printed or typed on the line and under all signature lines. For future filings, the Clerks Office is no longer adding an attorney's name to the docket if the signature does not comply with the above Rules and Procedures. (MKB) (Entered: 08/15/2011)
08/18/2011 3 APPLICATION OF ATTORNEY Darren J. Robbins FOR LEAVE TO APPEAR PRO
HAC VICE for Plaintiff Joe Callan (Fee Paid) Receipt No. 0981-2528803. (Barth, Karl) (Entered: 08/18/2011)
08/18/2011 4 APPLICATION OF ATTORNEY Brian O. O'Mara FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Joe Callan (Fee Paid) Receipt No. 0981-2528804. (Barth, Karl) (Entered: 08/18/2011)
08/18/2011 5 APPLICATION OF ATTORNEY David C. Walton FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Joe Callan (Fee Paid) Receipt No. 0981-2528806. (Barth, Karl) (Entered: 08/18/2011)
08/18/2011 6 ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Darren J Robbins for Joe Callan, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 08/18/2011)
08/18/2011 7 ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brian O. O'Mara for Joe Callan, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 08/18/2011)
08/18/2011 8 ORDER re 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney David C Walton for Joe Callan, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 08/18/2011)
09/01/2011 9 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 10/31/2011, FRCP 26f Conference Deadline is 10/17/2011, Initial Disclosure Deadline is 10/31/2011, by Judge Thomas S. Zilly. (CH) (Entered: 09/01/2011)
10/05/2011 10 PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiff Joe Callan. (Barth, Karl) (Entered: 10/05/2011)
10/06/2011 11 Summons electronically issued as to defendant Motricity Inc. (CL) (Entered: 10/06/2011)
10/11/2011 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel by Plaintiffs Wayne Browning, Nada Haralovich. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/28/2011, (Drachler, Dan) (Entered: 10/11/2011)
10/11/2011 13 DECLARATION of Jeremy A. Lieberman filed by Plaintiffs Wayne Browning, Nada Haralovich re 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service)(Drachler, Dan) (Entered: 10/11/2011)
10/11/2011 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation ofRelated Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel by Movant The Lyons Family. Oral Argument Requested. (Attachments: # 1 Proposed Order [Proposed] Order Granting the Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel) Noting Date 10/28/2011, (Leland, Elizabeth) (Entered: 10/11/2011)
10/11/2011 15 DECLARATION of Elizabeth A. Leland filed by Movant The Lyons Family re 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation ofRelated Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel (Attachments: # 1 Exhibit Exhibit A - True and accurate copies of the Certifications of Named Plaintiff signed by Dan Lyons, JoAnne Lyons, Joseph Lyons, and James Lyons and loss chart, # 2 Exhibit Exhibit B - Notice published on Business Wire on August 12, 2011 by Robbins, Geller Rudman & Dowd LLP, # 3 Exhibit Exhibit C - Firm resume for Izard Nobel LLP, # 4 Exhibit Exhibit D - Firm Resume of Keller Rohrback
L.L.P.)(Leland, Elizabeth) (Entered: 10/11/2011)
10/11/2011 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel by Movant Motricity Securities Investors Group. (Attachments: # 1 Proposed Order) Noting Date 10/28/2011, (Townsend, Roger) (Entered: 10/11/2011)
10/11/2011 17 DECLARATION of Roger M. Townsend filed by Movant Motricity Securities Investors Group re 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Townsend, Roger) (Entered: 10/11/2011)
10/11/2011 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel by Movant Lobel Family. Oral Argument Requested. (Attachments: # 1 Exhibit Declaration of Brad J. Moore, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order) Noting Date 11/4/2011, (Moore, Bradley) (Entered: 10/11/2011)
10/11/2011 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel by Movants Cliff Mosco, Rich Hardy. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/28/2011, (Barth, Karl) (Entered: 10/11/2011)
10/11/2011 20 DECLARATION of Karl Barth filed by Movants Rich Hardy, Cliff Mosco re 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Barth, Karl) (Entered: 10/11/2011)
10/11/2011 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel by Movant The Slattery Group. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/28/2011, (Spurr, William) (Entered: 10/11/2011)
10/11/2011 22 DECLARATION of Members of the Slattery Group filed by Movant The Slattery Group re 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel (Spurr, William) (Entered: 10/11/2011)
10/11/2011 23 DECLARATION of Albert Y. Chang filed by Movant The Slattery Group re 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D)(Spurr, William) (Entered: 10/11/2011)
10/24/2011 24 RESPONSE, by Plaintiffs Wayne Browning, Nada Haralovich, to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel , 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel , 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel , 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel . Oral Argument Requested. (Attachments: # 1 Certificate of Service)(Drachler, Dan) (Entered: 10/24/2011)
10/24/2011 25 RESPONSE, by Movant Motricity Securities Investors Group, to 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as
Lead Plaintiff and to Approve Selection of Lead Counsel . (Townsend, Roger) (Entered: 10/24/2011)
10/24/2011 26 RESPONSE, by Movant The Lyons Family, to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel , 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel, 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel, 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel . (Farris, Juli) (Entered: 10/24/2011)
10/24/2011 27 RESPONSE, by Movant The Slattery Group, to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel , 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel, 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel, 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel . (Attachments: # 1 Exhibit Ex. A (Corrected Loss Chart))(Spurr, William) (Entered: 10/24/2011)
10/24/2011 28 RESPONSE, by Movant Lobel Family, to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel , 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel, 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel, 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel . Oral Argument Requested. (Moore, Bradley) (Entered: 10/24/2011)
10/24/2011 29 RESPONSE, by Movants Rich Hardy, Cliff Mosco, to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel , 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel, 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel . (O'Mara, Brian) (Entered: 10/24/2011)
10/28/2011 30 REPLY, filed by Movant Lobel Family, TO RESPONSE to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel (Moore, Bradley) (Entered: 10/28/2011)
10/28/2011 31 REPLY, filed by Movant The Slattery Group, TO RESPONSE to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of
Selection of Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel (Spurr, William) (Entered: 10/28/2011)
10/28/2011 32 REPLY, filed by Movants Rich Hardy, Cliff Mosco, TO RESPONSE to 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel (O'Mara, Brian) (Entered: 10/28/2011)
10/31/2011 Set/Reset Deadlines: FRCP 26f Conference Deadline is 12/23/2011, Initial Disclosure Deadline is 1/6/2012, Joint Status Report due by 1/6/2012, (CH) (Entered: 10/31/2011)
11/02/2011 33 NOTICE of Appearance by attorney Stellman Keehnel on behalf of Defendant Motricity Inc. (Keehnel, Stellman) (Entered: 11/02/2011)
11/02/2011 34 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1.. (Keehnel, Stellman) (Entered: 11/02/2011)
11/03/2011 Attorney Andrew Ramiro Escobar for Motricity Inc added per 33 Notice of Appearance. (KN) (Entered: 11/03/2011)
11/07/2011 35 ORDER to Consolidate, by Judge Thomas S. Zilly. Mosco/Hardy Group's unopposed Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel, docket no. 19 , is hereby GRANTED. Pursuant to Fed. R. Civ. P. 42(a), Couch v. Motricity, C11-1678-TSZ, is hereby CONSOLIDATED with Callan v. Motricity, C11- 1340-TSZ. All further pleadings filed in these consolidated cases shall be captioned as follows: Callan v. Motricity, C11-1340-TSZ. Civil Action No. C11-1678-TSZ shall be closed, and the Clerk shall terminate all pending motions. (CL) (Entered: 11/08/2011)
11/15/2011 36 APPLICATION OF ATTORNEY John K. Grant FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Joe Callan, Rich Hardy, Cliff Mosco (Fee Paid) Receipt No. 0981- 2622374. (Barth, Karl) (Entered: 11/15/2011)
11/16/2011 37 ORDER re 36 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John K Grant for Joe Callan, Rich Hardy, and for Cliff Mosco, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 11/16/2011)
12/01/2011 38 PRAECIPE TO ISSUE SUMMONS by Plaintiffs Joe Callan, Rich Hardy, Cliff Mosco. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Grant, John) (Entered: 12/01/2011)
12/02/2011 39 Summons issued as to defendant(s) Jeffrey A. Bowden, Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. (CL) (Entered: 12/05/2011)
12/07/2011 40 STIPULATION AND PROPOSED ORDER REGARDING SCHEDULE FOR FILING OF CONSOLIDATED COMPLAINT AND MOTIONS TO DISMISS by parties. (Escobar, Andrew) (Entered: 12/07/2011)
12/08/2011 41 STIPULATION AND ORDER, by Judge Thomas S. Zilly. The Court GRANTS the parties' stipulation rearding schedule for filing of consolidated complaint and motions to dismiss. (CL) (Entered: 12/09/2011)
12/09/2011 42 NOTICE of Appearance by attorney Stephen M. Rummage on behalf of Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc.. (Rummage, Stephen) (Entered: 12/09/2011)
12/16/2011 43 AMENDED COMPLAINT Consolidated against defendant(s) All Defendants with JURY DEMAND, filed by Joe Callan, Rich Hardy, Cliff Mosco.(Barth, Karl) (Entered: 12/16/2011)
01/03/2012 44 PRAECIPE TO ISSUE SUMMONS by Plaintiffs Joe Callan, Rich Hardy, Cliff Mosco. (Attachments: # 1 Summons)(Grant, John) (Entered: 01/03/2012)
01/04/2012 45 Summons Electronically Issued as to defendant Jeffrey A. Bowden. (TF) sent to pltf's counsel via CM/ECF (Entered: 01/04/2012)
01/17/2012 46 WAIVER OF SERVICE of summons upon defendant Allyn P. Hebner mailed on 1/3/2012; Gary C. Hunter mailed on 1/3/2012; Brett Icahn mailed on 1/3/2012; Lady Barbara Judge mailed on 1/3/2012; Suzanne H. King mailed on 1/3/2012; James N. Ryan mailed on 1/3/2012; James R. Smith mailed on 1/3/2012; Brian V. Turner mailed on 1/3/2012; Ryan K. Wuerch mailed on 1/3/2012 (Grant, John) (Entered: 01/17/2012)
02/03/2012 47 WAIVER OF SERVICE of summons upon defendant Deutsche Bank Securities, Inc. mailed on 1/17/2012; Goldman Sachs & Co. mailed on 1/17/2012; JP Morgan Securities Inc mailed on 1/17/2012; Needham & Company LLC mailed on 1/17/2012; Pacific Crest Securities LLC mailed on 1/17/2012; RBC Capital Markets Corporation mailed on 1/17/2012; Robert W. Baird & Co. Inc. mailed on 1/17/2012 (Grant, John) (Entered: 02/03/2012)
02/09/2012 48 STIPULATION AND PROPOSED ORDER EXTENDING PAGE LIMITS FOR BRIEFING ON THE MOTRICITY DEFENDANTS' MOTION TO DISMISS by parties. (Escobar, Andrew) (Entered: 02/09/2012)
02/10/2012 49 STIPULATION AND ORDER by Judge Thomas S. Zilly. The court GRANTS the parties' stipulation to extend page limits, docket no. 48 . (CL) (Entered: 02/10/2012)
02/14/2012 50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Motricity Defendants' Motion to Dismiss) Noting Date 5/4/2012, (Escobar, Andrew) (Entered: 02/14/2012)
02/14/2012 51 DECLARATION of Andrew R. Escobar In Support of Motricity Defendants' Motion to Dismiss filed by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch re 50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Escobar, Andrew) (Entered: 02/14/2012)
02/14/2012 52 REQUEST by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch for Judicial Notice in Support of Motricity Defendants' Motion to Dismiss re 50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws . (Escobar, Andrew) (Entered: 02/14/2012)
02/14/2012 53 APPENDIX re 50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws APPENDIX OF UNPUBLISHED OPINIONS IN SUPPORT OF MOTRICITY DEFENDANTS' MOTION TO DISMISS by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K.
Wuerch. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4, # 5 Appendix 5, # 6 Appendix 6, # 7 Appendix 7, # 8 Appendix 8, # 9 Appendix 9, # 10 Appendix 10, # 11 Appendix 11, # 12 Appendix 12, # 13 Appendix 13, # 14 Appendix 14, # 15 Appendix 15, # 16 Appendix 16, # 17 Appendix 17)(Escobar, Andrew) (Entered: 02/14/2012)
02/14/2012 54 MOTION to Dismiss by Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc.. Oral Argument Requested. Noting Date 5/4/2012, (Rummage, Stephen) (Entered: 02/14/2012)
02/15/2012 55 PROPOSED ORDER (Unsigned) re 54 MOTION to Dismiss Underwriter Defendants . (Rummage, Stephen) (Entered: 02/15/2012)
02/28/2012 56 SERVICE OF SUMMONS and Complaint returned executed upon defendant Motricity Inc on 10/11/2011 (Barth, Karl) (Entered: 02/28/2012)
03/07/2012 57 APPLICATION OF ATTORNEY Armen Zohrabian FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Joe Callan, Rich Hardy, Cliff Mosco (Fee Paid) Receipt No. 0981-2736548. (Barth, Karl) (Entered: 03/07/2012)
03/07/2012 58 ORDER re 57 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Armen Zohrabian for Joe Callan, Rich Hardy, and Cliff Mosco, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 03/07/2012)
04/04/2012 59 RESPONSE, by Plaintiffs Rich Hardy, Cliff Mosco, Movant Lobel Family, to 50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws. (Grant, John) (Entered: 04/04/2012)
04/04/2012 60 RESPONSE, by Plaintiffs Rich Hardy, Cliff Mosco, Movant Lobel Family, to 54 MOTION to Dismiss. (Grant, John) (Entered: 04/04/2012)
04/16/2012 61 STIPULATION AND PROPOSED ORDER Regarding Schedule for Filing of Amended Complaint and Motions to Dismiss by parties. (Grant, John) (Entered: 04/16/2012)
04/20/2012 62 STIPULATION AND ORDER re 61 Stipulation regarding schedule for filing of amended complaint and motions to dismiss filed by Cliff Mosco, Lobel Family, Rich Hardy by Judge Thomas S. Zilly. (MD) (Entered: 04/20/2012)
04/20/2012 63 APPLICATION OF ATTORNEY Andrew W. Farthing FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc. (Fee Paid) Receipt No. 0981- 2788949. (Rummage, Stephen) (Entered: 04/20/2012)
04/23/2012 64 ORDER re 63 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney Andrew M Farthing for Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, and for Robert W. Baird & Co. Inc., by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 04/23/2012)
05/10/2012 65 WITHDRAWAL of Motion re 54 MOTION to Dismiss, 50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws ; by Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc... (Rummage, Stephen) (Entered: 05/10/2012)
05/11/2012 66 AMENDED COMPLAINT LEAD PLAINTIFFS' AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against defendant(s) Jeffrey A. Bowden, Deutsche Bank Securities, Inc., Goldman Sachs & Co., Allyn P. Hebner, Gary C. Hunter, Brett Icahn, JP Morgan Securities Inc, Lady Barbara Judge, Suzanne H. King, Motricity Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc., James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch with JURY DEMAND, filed by Rich Hardy, Lobel Family, Cliff Mosco. (Attachments: # 1 Exhibit A)(Grant, John) (Entered: 05/11/2012)
05/24/2012 67 STIPULATION AND PROPOSED ORDER EXTENDING PAGE LIMITS FOR BRIEFING ON THE MOTRICITY DEFENDANTS' MOTION TO DISMISS AMENDED CLASS ACTION COMPLAINT by parties. (Escobar, Andrew) (Entered: 05/24/2012)
05/29/2012 68 STIPULATION AND ORDER extending page limits for briefing on the Motricity Defendants' motion to dismiss amended class action complaint, by Judge Thomas S. Zilly. (CL) (Entered: 05/29/2012)
06/11/2012 69 MOTION to Dismiss Amended Complaint by Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc.. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/3/2012, (Rummage, Stephen) (Entered: 06/11/2012)
06/11/2012 70 MOTION to Dismiss Amended Complaint by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Motricity Defendants' Motion to Dismiss) Noting Date 8/3/2012, (Keehnel, Stellman) (Entered: 06/11/2012)
06/11/2012 71 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch for Judicial Notice in Support of Motricity Defendants' Motion to Dismiss re 70 MOTION to Dismiss Amended Complaint . (Keehnel, Stellman) (Entered: 06/11/2012)
06/11/2012 72 DECLARATION of ANDREW ESCOBAR IN SUPPORT OF MOTRICITY DEFENDANTS' MOTION TO DISMISS filed by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch re 70 MOTION to Dismiss Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Keehnel, Stellman) (Entered: 06/11/2012)
06/11/2012 73 DECLARATION of STELLMAN KEEHNEL IN SUPPORT OF MOTRICITY DEFENDANTS' MOTION TO DISMISS filed by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch re 70 MOTION to Dismiss Amended Complaint (Attachments: # 1 Exhibit A, B, C, D)(Keehnel, Stellman) (Entered: 06/11/2012)
06/11/2012 74 APPENDIX re 70 MOTION to Dismiss Amended Complaint APPENDIX OF UNPUBLISHED OPINIONS TO MOTRICITY DEFENDANTS' MOTION TO DISMISS by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4
Appendix 4, # 5 Appendix 5, # 6 Appendix 6, # 7 Appendix 7, # 8 Appendix 8, # 9 Appendix 9, # 10 Appendix 10, # 11 Appendix 11, # 12 Appendix 12, # 13 Appendix 13, # 14 Appendix 14, # 15 Appendix 15, # 16 Appendix 16, # 17 Appendix 17)(Keehnel, Stellman) (Entered: 06/11/2012)
06/27/2012 75 APPLICATION OF ATTORNEY Patrick E. Gibbs FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc. (Fee Paid) Receipt No. 0981- 2861934. (Rummage, Stephen) (Entered: 06/27/2012)
06/28/2012 76 ORDER re 75 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Patrick E Gibbs for dfts Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc., Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation and Robert W. Baird & Co. Inc., by William M. McCool. (No document associated with this docket entry, text only.) (CL) (Entered: 06/28/2012)
06/28/2012 77 APPLICATION OF ATTORNEY Peter A. Wald FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc. (Fee Paid) Receipt No. 0981-2863242. (Rummage, Stephen) (Entered: 06/28/2012)
06/29/2012 78 ORDER re 77 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Peter Allen Wald for dfts Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc., Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation and Robert W. Baird & Co. Inc., by William M. McCool. (No document associated with this docket entry, text only.) (CL) (Entered: 06/29/2012)
07/05/2012 79 NOTICE of Appearance by attorney Ryan C Gist on behalf of Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc.. (Gist, Ryan) (Entered: 07/05/2012)
07/05/2012 80 STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE FOR FILING OF AMENDED COMPLAINT AND MOTIONS TO DISMISS by parties. (Grant, John) (Entered: 07/05/2012)
07/09/2012 81 STIPULATION AND ORDER REGARDING SCHEDULE FOR FILING OF AMENDED COMPLAINT AND MOTIONS TO DISMISS by Judge Thomas S. Zilly. (TF) (Entered: 07/09/2012)
07/11/2012 82 Second AMENDED COMPLAINT LEAD PLAINTIFFS' SECOND AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against defendant(s) All Defendants with JURY DEMAND, filed by Rich Hardy, Lobel Family, Cliff Mosco. (Attachments: # 1 Exhibit A)(Grant, John) (Entered: 07/11/2012)
07/20/2012 83 STIPULATION AND PROPOSED ORDER EXTENDING PAGE LIMITS FOR BRIEFING ON THE MOTRICITY DEFENDANTS' MOTION TO DISMISS SECOND AMENDED CLASS ACTION COMPLAINT by parties. (Escobar, Andrew) (Entered: 07/20/2012)
07/26/2012 84 WITHDRAWAL of Motion re 70 MOTION to Dismiss Amended Complaint , 69 MOTION to Dismiss Amended Complaint ; by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. (Escobar, Andrew) (Entered: 07/26/2012)
07/30/2012 85 STIPULATION AND ORDER EXTENDING PAGE LIMITS FOR BRIEFING ON THE MOTRICITY DEFENDANTS' MOTION TO DISMISS SECOND AMENDED CLASS ACTION COMPLAINT by Judge Thomas S. Zilly. (TF) (Entered: 07/30/2012)
08/01/2012 86 MOTION to Dismiss by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Motricity Defendants' Motion to Dismiss Second Amended Complaint) Noting Date 9/7/2012, (Keehnel, Stellman) (Entered: 08/01/2012)
08/01/2012 87 REQUEST by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch for Judicial Notice in Support of Motricity Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint re 86 MOTION to Dismiss . (Keehnel, Stellman) (Entered: 08/01/2012)
08/01/2012 88 DECLARATION of Andrew R. Escobar in Support of Motricity Defendants' Motion to Dismiss Second Amended Complaint filed by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch re 86 MOTION to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Keehnel, Stellman) (Entered: 08/01/2012)
08/01/2012 89 APPENDIX re 86 MOTION to Dismiss APPENDIX OF UNPUBLISHED OPINIONS TO MOTRICITY DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4, # 5 Appendix 5, # 6 Appendix 6, # 7 Appendix 7, # 8 Appendix 8, # 9 Appendix 9, # 10 Appendix 10, # 11 Appendix 11, # 12 Appendix 12, # 13 Appendix 13, # 14 Appendix 14, # 15 Appendix 15, # 16 Appendix 16, # 17 Appendix 17, # 18 Appendix 18, # 19 Appendix 19, # 20 Appendix 20, # 21 Appendix 21, # 22 Appendix 22, # 23 Appendix 23)(Keehnel, Stellman) (Entered: 08/01/2012)
08/01/2012 90 MOTION to Dismiss Second Amended Complaint by Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc.. Oral Argument Requested. Noting Date 9/7/2012, (Gist, Ryan) (Entered: 08/01/2012)
08/22/2012 91 RESPONSE, by Plaintiffs Rich Hardy, Cliff Mosco, Movant Lobel Family, to 90 MOTION to Dismiss Second Amended Complaint . Oral Argument Requested. (Attachments: # 1 Exhibit A)(Grant, John) (Entered: 08/22/2012)
08/22/2012 92 RESPONSE, by Plaintiffs Rich Hardy, Cliff Mosco, Movant Lobel Family, to 86 MOTION to Dismiss . Oral Argument Requested. (Grant, John) (Entered: 08/22/2012)
08/24/2012 93 PRAECIPE to attach document re 91 Response to Motion by Plaintiffs Rich Hardy, Cliff Mosco, Movant Lobel Family. (Attachments: # 1 Plaintiffs' Opposition to Underwriter Defendants' Motion to Dismiss Second Amended Complaint)(Grant, John) (Entered: 08/24/2012)
09/07/2012 94 REPLY, filed by Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc., TO RESPONSE to 90 MOTION to Dismiss Second Amended Complaint (Rummage, Stephen) (Entered: 09/07/2012)
09/07/2012 95 REPLY, filed by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch, TO RESPONSE to 86 MOTION to Dismiss (Keehnel, Stellman) (Entered: 09/07/2012)
09/07/2012 96 APPENDIX re 95 Reply to Response to Motion, SUPPLEMENTAL APPENDIX OF UNPUBLISHED OPINIONS by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4)(Keehnel, Stellman) (Entered: 09/07/2012)
11/15/2012 97 MINUTE ORDER by Judge Thomas S. Zilly, United States District Judge; The Court schedules oral argument on the Motricity Defendants' 86 motion to dismiss and the Underwriter Defendants' 90 motion to dismiss for 12/6/2012, at 9:30 a.m. The Court GRANTS IN PART and DEFERS IN PART Defendants' request to take judicial notice of documents attached to the Declaration of Andrew R. Escobar, docket nos. 87 and 88 . (TF) (Entered: 11/15/2012)
11/21/2012 Set/Reset Hearings: In-court Hearing/oral argument is RESCHEDULED from Thursday, December 6th at 9:30 a.m. TO FRIDAY, DECEMBER 7, 2012 at 09:00 AM before Judge Thomas S. Zilly. (CH) (Entered: 11/21/2012)
11/26/2012 Set/Reset Hearings: In-court Hearing/oral argument is RESCHEDULED for Friday, December 14, 2012, at 09:00 AM before Judge Thomas S. Zilly. (KK) (Entered: 11/26/2012)
12/04/2012 98 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court now GRANTS the request for judicial notice, docket no. 87 , as to the Exhibits AA, BB, and CC to the Escobar Declaration. The Court DENIES the request as to Exhibits Y, Z, DD, and EE.(CL) (Entered: 12/04/2012)
12/14/2012 99 MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly- Dep Clerk: Gail Glass; Pla Counsel: John Grant and Karl Barth; Def Counsel: Stellman Keehnel, Andrew Escobar, Katherine Heaton, Patrick Gibbs and Ryan Gist; CR: Jan Floate, Vernon & Associates ; Motion Hearing held on 12/14/2012. The Court heard argument on the Motricity Defendants' Motion to Dismiss, docket no. 86 , and the Underwriter Defendants' Motion to Dismiss, docket no. 90 . The Court takes the matter under advisement. (GG) (Entered: 12/14/2012)
01/07/2013 100 NOTICE of Change of Address of Attorney Karl Phillip Barth. Filed by Plaintiffs Rich Hardy, Cliff Mosco. (Barth, Karl) Modified firm name for Attorney Brian Robbins on 1/8/2013 (DS). (Entered: 01/07/2013)
01/17/2013 101 ORDER by Judge Thomas S. Zilly. The Motricity Defendants' motion to dismiss, docket no. 86 , and the Underwriter Defendants' motion to dismiss, docket no. 90 , are GRANTED. Plaintiffs shall file any amended complaint within ninety (90) days of the date of this Order.(CL) (Entered: 01/17/2013)
01/31/2013 102 MOTION for Reconsideration LEAD PLAINTIFFS' MOTION FOR RECONSIDERATION OF THE COURT'S JANUARY 17, 2013 ORDER by Plaintiffs Rich Hardy, Cliff Mosco. (Attachments: # 1 Proposed Order) Noting Date 1/31/2013, (Grant, John) (Entered: 01/31/2013)
02/07/2013 103 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The court DENIES Plaintiffs' 102 Motion for Reconsideration. (CL) (Entered: 02/07/2013)
04/17/2013 104 Third AMENDED COMPLAINT Lead Plaintiffs' Third Amended Complaint for Violation of the Federal Securities Laws against defendant(s) Jeffrey A. Bowden, Deutsche Bank Securities, Inc., Goldman Sachs & Co., Allyn P. Hebner, Gary C. Hunter, Brett Icahn, JP Morgan Securities Inc, Lady Barbara Judge, Suzanne H. King, Motricity Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc., James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch with JURY DEMAND, filed by Rich Hardy, Lobel Family, Cliff Mosco. (Attachments: # 1 Exhibit A)(Grant, John) (Entered: 04/17/2013)
04/25/2013 105 APPLICATION OF ATTORNEY Albert Y. Chang FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Joe Callan (Fee Paid) Receipt No. 0981-3187168. (Barth, Karl) (Entered: 04/25/2013)
04/25/2013 106 APPLICATION OF ATTORNEY Francis A. Bottini, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Joe Callan (Fee Paid) Receipt No. 0981-3187171. (Barth, Karl) (Entered: 04/25/2013)
04/25/2013 107 APPLICATION OF ATTORNEY Yury A. Kolesnikov FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Joe Callan (Fee Paid) Receipt No. 0981-3187174. (Barth, Karl) (Entered: 04/25/2013)
04/25/2013 108 ORDER re 105 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Albert Y Chang for Joe Callan, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 04/25/2013)
04/25/2013 109 ORDER re 106 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Francis A. Bottini, Jr for Joe Callan, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 04/25/2013)
04/25/2013 110 ORDER re 107 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Yury A Kolesnikov for Joe Callan, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 04/25/2013)
04/29/2013 111 STIPULATION AND PROPOSED ORDER REGARDING PAGE LIMITS AND SCHEDULE FOR FILING OF MOTIONS TO DISMISS THIRD AMENDED CLASS ACTION COMPLAINT by parties. (Escobar, Andrew) (Entered: 04/29/2013)
05/01/2013 112 STIPULATION AND ORDER REGARDING PAGE LIMITS AND SCHEDULE FOR FILING OF MOTIONS TO DISMISS THIRD AMENDED CLASS ACTION COMPLAINT by Judge Thomas S. Zilly. (CL) (Entered: 05/01/2013)
05/30/2013 113 MOTION to Dismiss Third Amended Complaint by Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc.. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 7/26/2013, (Rummage, Stephen) (Entered: 05/30/2013)
05/30/2013 114 MOTION to Dismiss LEAD PLAINTIFFS' THIRD AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. Oral Argument Requested. (Attachments: # 1 Exhibit A, # 2 Proposed Order) Noting Date 7/26/2013, (Escobar, Andrew) (Entered: 05/30/2013)
05/30/2013 115 REQUEST FOR JUDICIAL NOTICE by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James
R. Smith, Brian V. Turner, Ryan K. Wuerch for Judicial Notice in Support of Motricity Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint re 114 MOTION to Dismiss LEAD PLAINTIFFS' THIRD AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS . (Escobar, Andrew) (Entered: 05/30/2013)
05/30/2013 116 DECLARATION of ANDREW R. ESCOBAR IN SUPPORT OF MOTRICITY DEFENDANTS' MOTION TO DISMISS THIRD AMENDED COMPLAINT filed by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch re 114 MOTION to Dismiss LEAD PLAINTIFFS' THIRD AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK)(Escobar, Andrew) (Entered: 05/30/2013)
05/30/2013 117 APPENDIX re 114 MOTION to Dismiss LEAD PLAINTIFFS' THIRD AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4, # 5 Appendix 5, # 6 Appendix 6, # 7 Appendix 7, # 8 Appendix 8, # 9 Appendix 9, # 10 Appendix 10, # 11 Appendix 11, # 12 Appendix 12, # 13 Appendix 13, # 14 Appendix 14, # 15 Appendix 15, # 16 Appendix 16)(Escobar, Andrew) (Entered: 05/31/2013)
06/07/2013 118 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Andrew M Farthing for Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc.. (Rummage, Stephen) (Entered: 06/07/2013)
07/08/2013 119 RESPONSE, by Plaintiffs Rich Hardy, Cliff Mosco, Movant Lobel Family, to 114 MOTION to Dismiss LEAD PLAINTIFFS' THIRD AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS . Oral Argument Requested. (Grant, John) (Entered: 07/08/2013)
07/08/2013 120 RESPONSE, by Plaintiffs Rich Hardy, Cliff Mosco, Movant Lobel Family, to 113 MOTION to Dismiss Third Amended Complaint . Oral Argument Requested. (Grant, John) (Entered: 07/08/2013)
07/26/2013 121 REPLY, filed by Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc., TO RESPONSE to 113 MOTION to Dismiss Third Amended Complaint (Rummage, Stephen) (Entered: 07/26/2013)
07/26/2013 122 REPLY, filed by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch, TO RESPONSE to 114 MOTION to Dismiss LEAD PLAINTIFFS' THIRD AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS (Keehnel, Stellman) (Entered: 07/26/2013)
09/19/2013 123 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court GRANTS IN PART and DENIES IN PART the Motricity Defendants' request to take judicial notice
of documents attached to the Declaration of Andrew R. Escobar, docket nos. 115 , 116 . (CL) (Entered: 09/20/2013)
10/01/2013 124 ORDER by Judge Thomas S. Zilly. The Motricity Defendants' motion to dismiss, docket no. 114 , and the Underwriter Defendants' motion to dismiss, docket no. 113 , are GRANTED. Plaintiffs' Third Amended Complaint is DISMISSED with prejudice. (CL) (Entered: 10/01/2013)
10/01/2013 125 JUDGMENT BY COURT; The Motricity Defendants' motion to dismiss, docket no. 114 , and the Underwriter Defendants' motion to dismiss, docket no. 113 , are GRANTED. Plaintiffs' Third Amended Complaint is DISMISSED with prejudice. Judgment is entered in favor of Defendants and against Plaintiffs. (CL) (Entered: 10/02/2013)
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