Read McClain, et al. v. Eastman Kodak Company, et al. 05-CV-06326-U.S. District Court Civil Docket text version

US District Court Civil Docket as of 11/03/2006 Retrieved from the court on Friday, November 10, 2006

U.S. DISTRICT COURT Western District Of New YORK (Rochester)

CIVIL DOCKET FOR CASE #: 6:05-cv-06326-MAT

McClain v. Eastman Assigned to: Hon. Michael A. Telesca Cause: 15:78m(a) Securities Exchange Act Plaintiff Charlotte McClain Individually and On Behalf of All Others Similarly Situated

Date Filed: 06/20/2005 Jury Demand: Plaintiff Nature of Suit: 160 Stockholders Suits Jurisdiction: Federal Question

represented by Benjamin J. Sweet Schiffrin & Barroway, LLP 280 King of Prussia Road Radnor, PA 19087 US (610) 667-7706 LEAD ATTORNEY ATTORNEY TO BE NOTICED Eugene Welch Harris, Chesworth, O'Brien, Johnstone, Welch & Leone, L 300 Linden Oaks Suite 100 Rochester, NY 14625 585-899-1400 Fax: 585-899-1426 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Marc A. Topaz Schiffrin & Barroway, LLP 280 King of Prussia Road Radnor, PA 19087 (610) 667-7706 LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard A. Maniskas Schiffrin & Barroway, LLP 280 King of Prussia Road Radnor, PA 19087 610-667-7706 LEAD ATTORNEY

ATTORNEY TO BE NOTICED Tamara Skvirsky Schiffrin & Barroway, LLP 280 King of Prussia Road Radnor, PA 19087 610-667-7706 LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Alaska Electrical Pension Fund Lead Plaintiff represented by Benjamin J. Sweet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel H. Rudman Lerach Coughlin Stoia Geller Rudman & Robbins, LLP 58 South Service Road Suite 200 Melville, NY 11747 US 631-367-7100 Fax: 631-367-1173 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart Berman Schiffrin & Barroway, LLP 280 King of Prussia Road Radnor, PA 19087 US 610-667-7706 LEAD ATTORNEY ATTORNEY TO BE NOTICED Eugene Welch Harris, Chesworth, O'Brien, Johnstone, Welch & Leone 300 Linden Oaks Suite 100 Rochester, NY 14625 585-899-1400 Fax: 585-899-1426 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff John Dudek Lead Plaintiff represented by Benjamin J. Sweet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eugene Welch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel H. Rudman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart Berman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Consol Plaintiff Timothy Proctor Individually and On Behalf of All Others Similarly Situated represented by Benjamin J. Sweet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eugene Welch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Eastman Kodak Company represented by Carolyn G. Nussbaum Nixon Peabody LLP Clinton Square P.O. Box 31051 Rochester, NY 14603 (585) 263-1558 Fax: 866-947-0625 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

John C. Millian Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue N. W. Washington, DC 20036 (202) 955-8213 LEAD ATTORNEY ATTORNEY TO BE NOTICED John J. Field Nixon Peabody LLP Clinton Square P.O. Box 31051 Rochester, NY 14603 585-263-1138 Fax: 585-264-5357 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Daniel A. Carp represented by Carolyn G. Nussbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John C. Millian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John J. Field (See above for address) ATTORNEY TO BE NOTICED Defendant Robert H. Brust represented by Carolyn G. Nussbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John C. Millian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John J. Field (See above for address) ATTORNEY TO BE NOTICED

Date Filed 06/20/2005

#

Docket Text 1 COMPLAINT against Eastman Kodak Company, Daniel A. Carp, and Robert H. Brust (Filing fee $250 receipt number 67794), filed by Charlotte McClain. Attachments: # 1 Exhibit A.(JHF) (Entered: 06/21/2005) Summons Issued as to Eastman Kodak Company, Daniel A. Carp, and Robert H. Brust. (JHF) (Entered: 06/21/2005) 2 REQUEST FOR WAIVER of Service sent to Robert H. Brust on June 29, 2005 by Charlotte McClain. Waiver of Service due by 7/29/2005. (Welch, Eugene) (Entered: 07/28/2005) 3 WAIVER OF SERVICE Returned Executed by Charlotte McClain. Robert H. Brust waiver sent on 6/29/2005, answer due 8/29/2005. (Welch, Eugene) (Entered: 07/28/2005) 4 REQUEST FOR WAIVER of Service sent to Daniel A. Carp on 6/29/2005 by Charlotte McClain. Waiver of Service due by 7/29/2005. (Welch, Eugene) (Entered: 07/28/2005) 5 WAIVER OF SERVICE Returned Executed by Charlotte McClain. Daniel A. Carp waiver sent on 6/29/2005, answer due 8/29/2005. (Welch, Eugene) (Entered: 07/28/2005) 6 REQUEST FOR WAIVER of Service sent to Eastman Kodak Company on 6/29/2005 by Charlotte McClain. Waiver of Service due by 7/29/2005. (Welch, Eugene) (Entered: 07/28/2005) 7 WAIVER OF SERVICE Returned Executed by Charlotte McClain. Eastman Kodak Company waiver sent on 7/26/2005, answer due 9/26/2005. (Welch, Eugene) (Entered: 07/28/2005) 8 MOTION to Consolidate Cases by Charlotte McClain.(Welch, Eugene) (Entered: 08/12/2005) 9 MOTION to Consolidate Cases by Charlotte McClain. (Attachments: # 1 Memorandum in Support to consolidate actions and appointing Lead Plaintiff and Approving Lead Plaintiff's Selection of lead counsel and liaison counsel# 2 Affidavit in support to consolidate actions and appointing Lead Plaintiff and approving Lead Plaintiff's Selection of lead counsel and liaison counsel# 3 Exhibit Exhibit A to Declaration# 4 Exhibit Exhibit D to declaration# 5 Exhibit Exhibit E to declaration# 6 Exhibit Exhibit F to declaration# 7 Text of Proposed Order Proposed Order consolidating actions and appointing Lead Plaintiff and approving Lead Plaintiff's Selection of lead counsel and liaison counsel)(Welch, Eugene) (Entered: 08/12/2005) 10 CERTIFICATE OF SERVICE by Charlotte McClain (Welch, Eugene) (Entered: 08/12/2005) 11 MOTION to Consolidate Cases replacing previous motion docket numbers 8 and 9 which was incorrectly filed by Charlotte McClain. (Attachments: # 1 Memorandum

06/20/2005 07/28/2005

07/28/2005

07/28/2005

07/28/2005

07/28/2005

07/28/2005

08/12/2005 08/12/2005

08/12/2005 08/15/2005

in Support to consolidate actions and appointing lead plaintiff and approving lead plaintiff's selection of lead counsel and liaison counsel# 2 Affidavit declaration in support to consolidate actions and appointing lead plaintiff and approving lead plaintiff's selection of lead counsel and liaison counsel# 3 Exhibit A, B and C to declaration# 4 Exhibit D to declaration# 5 Exhibit E to declaration# 6 Exhibit F to declaration# 7 Text of Proposed Order consolidating actions and appointing lead plaintiff and approving lead plaintiff's selection of lead counsel and liaison counsel)(Welch, Eugene) (Entered: 08/15/2005) 08/17/2005 12 CERTIFICATE OF SERVICE by Charlotte McClain re 11 MOTION to Consolidate Cases replacing previous motion docket numbers 8 and 9 which was incorrectly filed (Welch, Eugene) (Entered: 08/17/2005) 13 MOTION for Limited Admission of John C. Millian by Daniel A. Carp, Robert H. Brust, Eastman Kodak Company. (Attachments: # 1 Affidavit of John C. Millian in support of petition for admission pro hac vice# 2 Affidavit of Carolyn G. Nussbaum in support of motion# 3 Text of Proposed Order Granting Motion for Admission Pro Hac Vice)(Nussbaum, Carolyn) (Entered: 08/19/2005) 14 NOTICE of Appearance by Carolyn G. Nussbaum and John C. Millian on behalf of all defendants (Nussbaum, Carolyn) (Entered: 08/19/2005) 15 CERTIFICATE OF SERVICE by Daniel A. Carp, Robert H. Brust, Eastman Kodak Company re 13 MOTION for Limited Admission of John C. Millian (Nussbaum, Carolyn) (Entered: 08/19/2005) 16 CERTIFICATE OF SERVICE by Daniel A. Carp, Robert H. Brust, Eastman Kodak Company re 14 Notice of Appearance (Nussbaum, Carolyn) (Entered: 08/19/2005) 17 ORDER granting 13 Motion for Limited Admission to John C. Millian, Esq.. Signed by Judge Michael A. Telesca on August 22, 2005. (MS, ) (Entered: 08/22/2005) NOTICE: Set/Reset Deadlines as to 11 MOTION to Consolidate Cases replacing previous motion docket numbers 8 and 9 which was incorrectly filed. Motion Hearing set for 9/7/2005 before Hon. Michael A. Telesca. Please be advised that the motion will be considered submitted without oral argument. No court appearances are required. (MS, ) (Entered: 08/22/2005) Filing fee recieved: $75.00, receipt number 68036. Pro Hac Vice fee for John C. Millian on behalf of defendants. (JHF) (Entered: 08/23/2005) 18 ORDER resetting motion deadline: Motions due by 9/20/2005.. Signed by Hon. Michael A. Telesca on 9/2/05. (BJB, ) (Entered: 09/02/2005) 19 Minute Entry for proceedings held before Judge Michael A. Telesca : Motion Hearing adjourned from 9/7/2005 to 9/20/2005 before Hon. Michael A. Telesca re 11 MOTION to Consolidate Cases replacing previous motion docket numbers 8 and 9 which was incorrectly filed filed by Charlotte McClain,, Set Deadlines/Hearing as to 11 MOTION to Consolidate Cases replacing previous motion docket numbers 8 and 9 which was incorrectly filed: Motion will be considered submitted without oral argument on 9/20/2005. (MS, ) (Entered:

08/19/2005

08/19/2005 08/19/2005

08/19/2005

08/22/2005

08/22/2005

08/22/2005 09/02/2005 09/07/2005

09/07/2005) 09/14/2005 20 RESPONSE to Motion re 11 MOTION to Consolidate Cases replacing previous motion docket numbers 8 and 9 which was incorrectly filed filed by Daniel A. Carp, Robert H. Brust, Eastman Kodak Company. (Nussbaum, Carolyn) (Entered: 09/14/2005) 21 Minute Entry for proceedings held before Judge Michael A. Telesca : Motion Hearing held on 9/20/2005 re 11 MOTION to Consolidate Cases replacing previous motion docket numbers 8 and 9 which was incorrectly filed filed by Charlotte McClain,. Motion submitted without argument. (MS, ) (Entered: 09/20/2005) 22 STIPULATION AND ORDER granting 11 Motion to Consolidate Cases, appointing lead plaintiff and appointing lead plaintiff's selection of lead counsel and liason counsel, and establishing initial schedule. ALL FUTURE DOCKETING WILL BE DONE IN THIS LEAD CASE. Signed by Judge Michael A. Telesca on 10/31/05. (JHF) (Entered: 11/02/2005) 23 MOTION for Limited Admission of Katharine M. Ryan Pro Hac Vice by John Dudek. (Attachments: # 1 Affidavit in Support of Motion to Admit Katharine M. Ryan Pro Hac Vice# 2 Affidavit Declaration of Katharine M. Ryan in Support of Petition for Admission Pro Hac Vice# 3 Text of Proposed Order Proposed Order)(Welch, Eugene) (Entered: 11/22/2005) 24 MOTION for Limited Admission of Christopher L. Nelson Pro Hac Vice by John Dudek. (Attachments: # 1 Affidavit in Support of Motion to Admit Christopher L. Nelson Pro Hac Vice# 2 Affidavit Declaration of Christopher L. Nelson in Support of Petition for Admission ProHac Vice# 3 Text of Proposed Order Proposed Order)(Welch, Eugene) (Entered: 11/22/2005) 25 ORDER granting 24 Motion for Limited Admission pro hac vice for Katharine M. Ryan, granting 23 Motion for Limited Admission pro hac vice for Christopher L. Nelson. Signed by Judge Michael A. Telesca on November 23, 2005. (MS, ) (Entered: 11/23/2005) 26 STIPULATION AND ORDER extending deadlines.. Signed by Hon. Michael A. Telesca on January 3, 2006. (MS, ) (Entered: 01/03/2006) Set/Reset Deadlines: Amended Complaint due by 1/13/2006. Motion to dismiss due by 3/14/2006. Replies due by 6/14/2006. Responses due by 5/15/2006. (MS, ) (Entered: 01/03/2006) 27 STIPULATION AND ORDER extending deadlines. Signed by Hon. Michael A. Telesca on January 13, 2006. (MS, ) (Entered: 01/13/2006) Set/Reset Deadlines: Amended Complaint due by 1/20/2006. Defendants' motion to dismiss due by 3/23/2006. Defendants' replies due by 6/23/2006. Plaintiffs' responses due by 5/24/2006. (MS, ) (Entered: 01/13/2006) 28 AMENDED COMPLAINT Consolidated for all Plaintiffs against all defendants, filed by Charlotte McClain, Timothy Proctor, Alaska Electrical Pension Fund, John Dudek. (Attachments: # 1 Certificate of Service)(Welch, Eugene) (Entered: 01/20/2006)

09/20/2005

10/31/2005

11/22/2005

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11/23/2005

01/03/2006 01/03/2006

01/13/2006 01/13/2006

01/20/2006

03/22/2006

29 STIPULATION AND ORDER granting an extension of time for the parties' filing deadlines. Motions due by 4/21/2006. Replies due by 7/24/2006. Responses due by 6/23/2006. Signed by Hon. Michael A. Telesca on 3/22/06. (JHF) (Entered: 03/22/2006) 30 ORDER denying defendants' request to exceed the page limitations set in the Local Rules. Signed by Hon. Michael A. Telesca on 4/13/06. (Countryman, J.) (Entered: 04/13/2006) 31 ORDER limiting memorandum of law in support of a motion contemplated by defendant to 40 pages. Signed by Hon. Michael A. Telesca on 4/17/06. (Countryman, J.) (Entered: 04/17/2006) 32 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint by Daniel A. Carp, Robert H. Brust, Eastman Kodak Company. (Attachments: # 1 Affidavit Affidavit of Carolyn G. Nussbaum# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Memorandum in Support of Motion to Dismiss Plaintiffs' Consolidated Amended Complaint# 14 Appendix of Unreported Cases# 15 Certificate of Service)(Field, John) (Entered: 04/21/2006) NOTICE: Set/Reset Deadlines as to 32 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint. Motion Hearing set for 6/8/2006 09:00 AM before Hon. Michael A. Telesca. (MS, ) (Entered: 04/24/2006) NOTICE: Set/Reset Deadlines as to 32 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint. Motion Hearing rescheduled from 6/8/2006 to 8/10/2006 09:00 AM before Hon. Michael A. Telesca. (MS, ) (Entered: 04/25/2006) 33 MOTION for Limited Admission of Benjamin J. Sweet Pro Hac Vice by Charlotte McClain, Timothy Proctor, Alaska Electrical Pension Fund, John Dudek. (Attachments: # 1 Affidavit in Support# 2 Declaration# 3 Text of Proposed Order)(Welch, Eugene) (Entered: 05/15/2006) 34 ORDER granting 33 Motion for Limited Admission to Benjamin J. Sweet, Esq.. Signed by Judge Michael A. Telesca on May 16, 2006. (MS, ) (Entered: 05/16/2006) Pro Hac Vice fee for Benjamin J. Sweet received: $75.00, receipt number 69159. (JHF) (Entered: 05/17/2006) 35 MEMORANDUM in Opposition re 32 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint filed by Charlotte McClain, Timothy Proctor, Alaska Electrical Pension Fund, John Dudek. (Attachments: # 1 Certificate of Service)(Welch, Eugene) (Entered: 06/23/2006) 36 REPLY to Response to Motion re 32 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint filed by Daniel A. Carp, Robert H. Brust, Eastman Kodak Company. (Attachments: # 1 Certificate of Service)(Nussbaum, Carolyn) (Entered: 07/24/2006) 37 Minute Entry for proceedings held before Judge Michael A. Telesca : Set Deadlines/Hearing as to 32 MOTION to Dismiss Plaintiffs' Consolidated Amended

04/13/2006

04/17/2006

04/21/2006

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05/17/2006 06/23/2006

07/24/2006

08/10/2006

Complaint:. Motion Hearing adjourned from 8/10/2006 to 10/3/2006 09:00 AM before Hon. Michael A. Telesca. (MS, ) (Entered: 08/10/2006) 10/03/2006 38 Minute Entry for proceedings held before Judge Michael A. Telesca : Motion Hearing held on 10/3/2006 re 32 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint filed by Eastman Kodak Company,, Daniel A. Carp,, Robert H. Brust,. Decision reserved. Appearances: C. Nussbaum, E. Welch, B. Sweet. (Court Reporter CM.) (MS, ) (Entered: 10/03/2006) 39 MEMORANDUM/BRIEF re 35 Memorandum in Opposition to Motion, Supplement by Charlotte McClain, Timothy Proctor, Alaska Electrical Pension Fund, John Dudek. (Attachments: # 1 Supplement Case Law# 2 Certificate of Service)(Welch, Eugene) (Entered: 10/04/2006) 40 REPLY to Response to Motion re 32 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint Response to Plaintiffs Post Argument Submission filed 10/04/06 filed by Daniel A. Carp, Robert H. Brust, Eastman Kodak Company. (Nussbaum, Carolyn) (Entered: 10/05/2006) 41 ORDER granting 32 Motion to Dismiss. Signed by Judge Michael A. Telesca on November 1, 2006. Clerk to close case. (Herrero-Jaarsma, Maria) (Entered: 11/01/2006) 42 JUDGMENT that the defendants' motion to dismiss is granted, and plaintiffs' complaints are dismissed in their entirety with prejudice. Signed by Clerk on 11/3/06. (JHF) (Entered: 11/03/2006)

10/04/2006

10/05/2006

11/01/2006

11/03/2006

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McClain, et al. v. Eastman Kodak Company, et al. 05-CV-06326-U.S. District Court Civil Docket

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