Read Kalnit v. Eichler, et al 99-CV-3306-U.S. District Court Civil Docket text version

US District Court Civil Docket as of 10/02/2001 Retrieved from the court on Tuesday, April 12, 2005

U.S. District Court Southern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:99-cv-03306-SAS

Kalnit v. Eichler, et al Assigned to: Judge Shira A. Scheindlin Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Richard L. Kalnit

Date Filed: 05/06/1999 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by Stephen J. Fearon, Jr. Abbey, Gardy & Squitieri, L.L.P. 212 East 39th Street New York, NY 10016 (212) 889-3700 Email: [email protected] LEAD ATTORNEY

V. Defendant Frank M. Eichler Defendant Robert L. Crandall Defendant Charles P. Russ, III Defendant Pierson M. Grieve Defendant Louis A. Simpson Defendant

Allan D. Gilmour Defendant Charles M. Lillis Defendant Grant A. Dove Defendant John Slevin Defendant Kathleen A. Cote Defendant Daniel W. Yohannes Defendant Mediaone Group, Inc.

Date Filed

05/06/1999

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Docket Text

1 CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 344436 (bm) (Entered: 05/10/1999) Magistrate Judge Kevin N. Fox is so Designated. (bm) (Entered: 05/10/1999) 2 STIPULATION and ORDER; that defts need not answer, move to dismiss or otherwise respond to the complt. in this action unless, w/in 10 days of the entry of an order appointing lead pltff and lead counsel, pltff notifies defts that the complt. shall be his operative complt. in the action; defts shall answer, move to dismiss or otherwise respond to the complt. w/in 45 days after the notification contemplated by paragraph 1 of this Stipulation and Order is hand delivered or telecopied to defts' counsel; in the absence of such notification, the provisions of paragraph 3 of this Stipulation and Order shall apply; pltff may file an amended complt. no later than 45 days after the entry of an order appointing lead pltff and lead counsel; defts shall answer, move to dismiss or otherwise respond to the amended complt. w/in 45 days after service of the amended complt.; if any deft fileas a motion to dismiss the complt. or the amended complt., pltff's answering papers in opposition to any such motion to dismiss shall be fld. 45 days after such motion is fld.; defts shall have 30

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days from service of pltff's answering papers to file reply papers in further support of a motion to dismiss; if defts file a motion to dismiss, ans such motion is denied, the defts shall answer the complt. w/in 30 days of the Court's order denying such motion; all time periods set forth in paragraph 2-5 of this Stipulation and Order may be extended by agreement among the parties w/ the approval of the Court ; ( signed by Judge Shira A. Scheindlin ). (ls) Modified on 06/14/1999 (Entered: 06/14/1999) 07/06/1999 3 NOTICE OF MOTION by Richard L. Kalnit for an order under 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, appointing class members Richard L. Kalnit and George Dierkens as lead plaintiff in this action, and approving the counsel selected and retained by them as lead counsel , no return date set (ri) (Entered: 07/07/1999) 4 MEMORANDUM of LAW by Richard L. Kalnit in support of [3-1] motion for an order under 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Reform Act of 1995, appointing class members Richard L. Kalnit and George Dierkens as lead plaintiff in this action, and approving the counsel selected and retained by them as lead counsel (ri) (Entered: 07/07/1999) 5 AFFIDAVIT of Stephen J. Fearon, Jr. by Richard L. Kalnit in support Re: [3-1] motion for an order under 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, appointing class members Richard L. Kalnit and George Dierkens as lead plaintiff in this action, and approving the counsel selected and retained by them as lead counsel . (ri) (Entered: 07/07/1999) 6 SCHEDULING ORDER; no deadlines set, as per the Stip and Order entered in this action and attached as Exhibit A ( signed by Judge Shira A. Scheindlin ) ; Copies mailed (cd) (Entered: 07/12/1999) 7 ORDER; granting [3-1] motion for an order under 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, appointing class members Richard L. Kalnit and George Dierkens as lead plaintiff in this action, and approving the counsel selected and retained by them as lead counsel. ( signed by Judge Shira A. Scheindlin ); Copies mailed. (sac) (Entered: 07/15/1999) 8 NOTICE OF MOTION by Frank M. Eichler, Robert L. Crandall, Charles P. Russ III, Pierson M. Grieve, Louis A. Simpson, Allan D. Gilmour, Charles M. Lillis, Grant A. Dove, John Slevin, Kathleen A. Cote, Daniel W. Yohannes, Mediaone Group for an order, purs. to Rules 12(b)(6) and 9(b), F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4, dismissing pltff's class action complaint in its entirety . Return date 10/7/99. Affidavit of Dennis J. Block attached. (sn) (Entered: 10/13/1999) 9 MEMORANDUM by Frank M. Eichler, Robert L. Crandall, Charles P. Russ III, Pierson M. Grieve, Louis A. Simpson, Allan D. Gilmour, Charles M. Lillis, Grant A. Dove, John Slevin, Kathleen A. Cote, Daniel W. Yohannes, Mediaone Group in support of [8-1] motion for an order, purs. to Rules 12(b)(6) and 9(b), F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4, dismissing pltff's class action complaint in its entirety. (sn) (Entered: 10/13/1999)

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10 MEMORANDUM by Richard L. Kalnit in opposition to [8-1] motion for an order, purs. to Rules 12(b)(6) and 9(b), F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4, dismissing pltff's class action complaint in its entirety. (sn) (Entered: 10/13/1999) 11 REPLY MEMORANDUM by Frank M. Eichler, Robert L. Crandall, Charles P. Russ III, Pierson M. Grieve, Louis A. Simpson, Allan D. Gilmour, Charles M. Lillis, Grant A. Dove, John Slevin, Kathleen A. Cote, Daniel W. Yohannes, Mediaone Group in support re: [8-1] motion for an order, purs. to Rules 12(b)(6) and 9(b), F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4, dismissing pltff's class action complaint in its entirety. (sn) (Entered: 10/13/1999) 12 OPINION and ORDER #83256, granting (with leave to amend) [8-1] motion for an order, purs. to Rules 12(b)(6) and 9(b), F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4, dismissing pltff's class action complaint in its entirety; Any amended complaint must be served and filed no later than twenty-one days from the date of this Order. A conference is scheduled for 01/27/00 at 4:30 p.m. (signed by Judge Shira A. Scheindlin ); Copies mailed. (djc) (Entered: 12/27/1999) 13 AMENDED COMPLAINT by Richard L. Kalnit (Answer due 1/18/00 for Mediaone Group, for Daniel W. Yohannes, for Kathleen A. Cote, for John Slevin, for Grant A. Dove, for Charles M. Lillis, for Allan D. Gilmour, for Louis A. Simpson, for Pierson M. Grieve, for Charles P. Russ III, for Robert L. Crandall, for Frank M. Eichler ) amending [1-1] complaint ; Summons issued. (cd) (Entered: 01/13/2000) 13 DEMAND for jury trial by Richard L. Kalnit (cd) (Entered: 01/13/2000) Pretrial Conference held before Judge Shira A. Scheindlin. (sn) (Entered: 01/31/2000) 14 NOTICE OF MOTION by Frank M. Eichler, Robert L. Crandall, Charles P. Russ III, Pierson M. Grieve, Louis A. Simpson, Allan D. Gilmour, Charles M. Lillis, Grant A. Dove, John Slevin, Kathleen A. Cote, Daniel W. Yohannes, Mediaone Group for an order, purs. to Rules 12(b)(6) and 9(b), F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. Sec. 78u-4, dismissing pltff's amended class action complaint in its entirety . Return date 2/28/00. Affidavit of Dennis J. Block in support attached. (sn) (Entered: 02/29/2000) 15 MEMORANDUM OF LAW by Frank M. Eichler, Robert L. Crandall, Charles P. Russ III, Pierson M. Grieve, Louis A. Simpson, Allan D. Gilmour, Charles M. Lillis, Grant A. Dove, John Slevin, Kathleen A. Cote, Daniel W. Yohannes, Mediaone Group in support of [14-1] motion for an order, purs. to Rules 12(b)(6) and 9(b), F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. Sec. 78u-4, dismissing pltff's amended class action complaint in its entirety. (sn) (Entered: 02/29/2000) 16 MEMORANDUM OF LAW by Richard L. Kalnit in opposition to [14-1] motion for an order, purs. to Rules 12(b)(6) and 9(b), F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. Sec. 78u-4, dismissing pltff's amended class action complaint in its entirety. (sn) (Entered: 02/29/2000)

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17 REPLY MEMORANDUM by Frank M. Eichler, Robert L. Crandall, Charles P. Russ III, Pierson M. Grieve, Louis A. Simpson, Allan D. Gilmour, Charles M. Lillis, Grant A. Dove, John Slevin, Kathleen A. Cote, Daniel W. Yohannes, Mediaone Group in support re: [14-1] motion for an order, purs. to Rules 12(b)(6) and 9(b), F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. Sec. 78u-4, dismissing pltff's amended class action complaint in its entirety. (sn) (Entered: 02/29/2000) 18 OPINION AND ORDER #83781; granting without leave to amend and without imposition of sanctions under rule 11, [14-1] motion for an order, purs. to Rules 12(b)(6) and 9(b), F.R.C.P. and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. Sec. 78u-4, dismissing pltff's amended class action complaint in its entirety. The Clerk of the Court is directed to close this case . ( signed by Judge Shira A. Scheindlin ); Copies mailed. (Forwarded to Judgment Clerk) (sn) (Entered: 04/07/2000) 19 JUDGMENT: that for the reasons stated in the Court's Opinion (83781) and Order dated 3/24/00, defendants' motion to dismiss is granted without leave to amend and without imposition of sanctions under Rule 11, accordingly, the case is closed. (Signed by James M. Parkison, Clerk of the Court); Mailed copies and notice of right to appeal. Entered On Docket: 4/11/00. (ri) (Entered: 04/11/2000) Case closed. (ri) (Entered: 04/11/2000) 20 NOTICE OF APPEAL by Richard L. Kalnit ; from [19-1] judgment order, [18-1] order The Clerk of the Court is directed to close this case, [18-2] order, [12-1] order Any amended complaint must be served and filed no later than twenty-one days from the date of this Order. A conference is scheduled for 01/27/00 at 4:30 p.m., [12-2] order . Copies of notice of appeal mailed to Attorney(s) of Record: Stephen J. Fearon Jr.. $105.00 Appeal filing fee paid 4/21/00 on receipt # E 371968. (dt) (Entered: 04/21/2000) Notice of appeal and certified copy of docket to USCA: [20-1] appeal by Richard L. Kalnit ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 04/21/2000) 21 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [20-1] appeal by Richard L. Kalnit. (dt) (Entered: 05/19/2000) USCA Case Number Re: [20-1] appeal by Richard L. Kalnit USCA NUMBER: 007487. (dt) (Entered: 05/23/2000) 22 MANDATE OF USCA (certified copy) Re: affirm, [20-1] appeal by Richard L. Kalnit. It is hereby ordered, adjudged and decreed that the judgment of said district court be and it hereby is affirmed in accordance with the opinion of this Court. Issued as Mandate: 9/26/01, 00-7487 Roseann B. MacKechnie, Clerk, U.S.C.A. (sb) (Entered: 10/03/2001)

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