Read Kevin Beier, et al. v. Comverse Technology, Inc., et al. 01-CV-06972-U.S. District Court Civil Docket text version

US District Court Civil Docket as of 11/21/2002 Retrieved from the court on Friday, April 21, 2006

U.S. District Court Eastern District of New York (Brooklyn)

CIVIL DOCKET FOR CASE #: 1:01-cv-06972-ARR-RLM

Beier, et al v. Comverse Technology, et al Assigned to: Judge Allyne R. Ross Referred to: Magistrate-Judge Roanne L. Mann Demand: $0 Lead case: 1:01-cv-06972-ARR-RLM Member case: 1:01-cv-07123-ARR-RLM Cause: 15:78m(a) Securities Exchange Act Plaintiff Kevin Beier on behalf of himself and all others similarly situated

Date Filed: 10/19/2001 Jury Demand: None Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by Jules Brody Stull, Stull & Brody 6 East 45th Street New York, NY 10017 (212) 687-7230 Fax: 212-490-2022 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Sandy Abraham Liebhard Bernstein, Liebhard & Lifshitz, LLP 10 East 40th Street 22nd Floor New York, NY 10016 (212) 779-1414 Fax: (212) 779-3218 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Frederick Sahakian Plaintiff Michele Westbrook Plaintiff

Randall Sloothaak Plaintiff Harry Gruszecki

V. Defendant Comverse Technology Defendant Kobi Alexander Defendant David Kreinberg

Date Filed

10/19/2001

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Docket Text

1 COMPLAINT filed and summons(es) issued for Comverse Technology, Kobi Alexander, David Kreinberg FILING FEE $ 150.00 RECEIPT # 253101 (Villanueva, William) (Entered: 10/22/2001) CASE REFERRED to Magistrate Roanne L. Mann (Villanueva, William) (Entered: 10/22/2001) 2 MEMORANDUM in support of comverse plaintiff group's motion for appointment of lead plaintiff and lead counsel pursuant to section 21D of the securities and exchange act of 1934 and for consolidation of the actions pursuant to Rule 42(a) of the FRCP. (Johnson, Tanya) (Entered: 01/07/2002) 3 AFFIRMATION OF MICHAEL D. BRAUN IN SUPPORT OF THE COMVERSE PLAINTIFF GROUP'S MOTION FOR APPOINTMENT OF LEAD PLAINTIFFS AND LEAD COUNSEL PURSUANT TO SECTION 21D OF THE SECURITIES EXCHANGE ACT OF 1934 AND FOR CONSOLIDATION OF THE ACTIONS PURSUANT TO RULE 42(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE. (Johnson, Tanya) (Entered: 01/07/2002) Consolidated Lead Case (Jackson, Ramona) (Entered: 01/16/2002) 4 CONSOLIDATION ORDER with 01 CV 7123; 01 CV 7267 & 02 CV 14. Pltff's shall file & serve the Consolidated Amended Complaint 45 days from entry of this order. Answer 45 days after. Lead counsel appointed. ( signed by Judge Allyne R. Ross , on 1/15/02) (Jackson, Ramona) (Entered: 01/16/2002)

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5 CONSOLIDATED AMENDED COMPLAINT by plaintiffs Kevin Beier Frederick Sahakian, Michele Westbrook, Randall Sloothaak Harry Gruszecki, Kranchie Bernstein, amending [1-1] the original complaint. [1-1] (Johnson, Tanya) (Entered: 03/06/2002) 6 LETTER dated 5/2/02 from Marc L. Godino, Esq., to Judge Ross requesting that the Court approve the following briefing schedule: plaintiff's to file an opposition to defendant's motion to dismiss no later than 6/6/02 and defendant's to file a reply brief no later than 7/8/02. (Johnson, Tanya) (Entered: 05/07/2002) Endorsed order on document #6, approving the briefing schedule. (Signed by Judge Allyne R. Ross on 5/2/02) (Johnson, Tanya) (Entered: 05/07/2002) 7 MOTION by Comverse Technology, Kobi Alexander and David Kreinberg to dismiss plaintiff's consolidated amended class action complaint . No motion hearing date set [7-1] . (w/affidavit of service attached) (Johnson, Tanya) Modified on 07/10/2002 (Entered: 07/10/2002) 8 Disclosure of interested parties by defendants Comverse Technology, Kobi Alexander and David Kreinberg. (Johnson, Tanya) (Entered: 07/10/2002) 9 MEMORANDUM by defendants Comverse Technology, Kobi Alexander in and David Kreinberg in support of the [7-1] motion to dismiss plaintiff's consolidated amended class action complaint. (Johnson, Tanya) (Entered: 07/10/2002) 10 AFFIDAVIT by Jonathan J. Lerner, Esq. on behalf of defendants Comverse Technology, Kobi Alexander and David Kreinberg in further support of the [7-1] motion to dismiss plaintiff's consolidated class action complaint. (w/exhibits a-o attached) (Johnson, Tanya) (Entered: 07/10/2002) 11 MEMORANDUM by lead plaintiffs Kevin Beier, Frederick Sahakian, Michele Westbrook, Randall Sloothaak and Harry Gruszecki in opposition to the [7-1] motion to dismiss plaintiff's consolidated amended class action complaint. (Johnson, Tanya) (Entered: 07/10/2002) 12 COMPENDIUM OF UNREPORTED OPINIONS in support of plaintiffs' [11-1] memorandum in opposition to defendants' motion to dismiss the consolidated amended class action complaint. (Johnson, Tanya) (Entered: 07/10/2002) 13 REPLY MEMORANDUM OF LAW defendants Comverse Technology, Kobi Alexander and David Kreinberg in further support of their [7-1] motion to dismiss plaintiff's consolidated amended class action complaint. (Johnson, Tanya) (Entered: 07/10/2002) 14 REPLY DECLARATION by Jonathan J. Lerner, Esq. on behalf of Comverse Technology, Kobi Alexander and David Kreinberg. (Johnson, Tanya) (Entered: 07/10/2002) 15 COMPENDIUM OF UNREPORTED CASES cite in defendants' memoranda of law in support of their motion to dismiss the consolidated amended class action complaint. (Johnson, Tanya) (Entered: 07/10/2002) 16 ORDER that defendants [7-1] motion to dismiss the consolidated amended class action complaint is granted, except insofar as defendants seek dismissal with

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prejudice. Should they wish to, plaintiff's may file a second amended complaint within 30 days of this order. Nevertheless, the court emphasized that its focus in this opinion on only one of the defendants' challenges to the complaint is not meant to imply that defendants' other claims lack merit. To the contrary, should plaintiffs choose to replead, they would be well-advised to consider all of defendants' remaining contentions concerning the sufficiency of the complaint. In particular, even a cursory review of the complaint leaves the court with little doubt that plaintiffs have not adequately pled scienter. Finally, the court will not grant leave to replead if the second amended complaint is dismissed, since plaintiffs are now fully on notice of the deficiencies in their pleadings. (Signed by Judge Allyne R. Ross on 9/30/02) (Johnson, Tanya) (Entered: 10/02/2002) 11/21/2002 17 ORDER, that this case is dismissed with prejudice. The Clerk of Court is directed to enter judgment accordingly. (Signed by Judge Allyne R. Ross on 11/8/02) (Johnson, Tanya) (Entered: 11/21/2002) Case closed as per doc #17. (Johnson, Tanya) (Entered: 11/21/2002)

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Kevin Beier, et al. v. Comverse Technology, Inc., et al. 01-CV-06972-U.S. District Court Civil Docket