in re: delphi corporation securities litigation 05-cv...
TRANSCRIPT
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US District Court Civil Docket as of February 06, 2006Retrieved from the court on August 07, 2009
U.S. District CourtUnited States District Court for the Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:05-cv-02637-NRB
In Re Delphi Corp. Securities Litigation Date Filed: 03/07/2005
Assigned to: Judge Naomi Reice Buchwald Date Terminated: 02/06/2006
Member case: (View Member Case) Jury Demand: Plaintiff
Nature of Suit: 850 Securities/CommoditiesRelated Case: 1:05-cv-02854-NRB Jurisdiction: Federal Question
Cause: 15:78m(a) Securities Exchange Act
Lead Plaintiff
Public Employees' Retirement System of represented by Gerald Harlan Silk
Mississippi Bernstein Litowitz Berger & Grossmann LLP
1285 Avenue of the Americas
New York, NY 10019
212 554 1282
Fax: 212 554 1444
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hannah Elizabeth Greenwald
Bernstein Litowitz Berger & Grossmann LLP
1285 Avenue of the Americas
New York, NY 10019
(212)-554-1411
Fax: (212)-554-1444
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeffrey J. Angelovich
Nix,Patterson & Roach, LLP
205 Linda Drive
Daingerfield , TX 756-7333
(903) 645-7333
Fax: (903) 645-4415
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Mark Dennis Debrowski
Edwards & Angell, LLP (NJ)
51 John F. Kennedy Parkway
Short Hills, NJ 07078
(973)-921-5228
Fax: (973)-376-3380
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Susan Whatley
Nix Patterson & Roach, LLP
205 Linda Drive
Daingerfield , TX 75638
(903) 645-7333
Fax: (903) 645-4415
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bradley E. Beckworth
Nix, Patterson & Roach, LLP
205 Linda Drive
Daingerfield , TX 75638
(903) 645-7333
Fax: (903)-645-4415
Email: [email protected]
ATTORNEY TO BE NOTICED
John Patrick Coffey
Bernstein Litowitz Berger & Grossmann LLP
1285 Avenue of the Americas
New York, NY 10019
(212)-554-1409
Fax: (212)-554-1444
Email: [email protected]
ATTORNEY TO BE NOTICED
Lead Plaintiff
Teachers' Retirement System of Oklahoma represented by Gerald Harlan Silk
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Hannah Elizabeth Greenwald
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeffrey J. Angelovich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mark Dennis Debrowski
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Susan Whatley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bradley E. Beckworth
(See above for address)
ATTORNEY TO BE NOTICED
John Patrick Coffey
(See above for address)
ATTORNEY TO BE NOTICED
Lead Plaintiff
Policemen's Annuity & Benefit Fund Of represented by Frederic Scott Fox, Sr
Chicago Kaplan Fox & Kilsheimer LLP (NYC)
850 Third Avenue
14th Floor
New York, NY 10022
(212) 687-1980
Fax: (212) 687-7714
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lead Plaintiff
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Chernofsky family
Lead Plaintiff
Raiffeisen Kapita lan lage ‐Gesellschaft m.b.H represented by Bradley E. Beckworth(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Christopher J. Keller
Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
(212) 907-0853
Fax: (212) 883-7053
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hannah Elizabeth Greenwald
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeffrey J. Angelovich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Patrick Coffey
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mark Dennis Debrowski
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Susan Whatley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Lead Plaintiff
Stichting Pensioenfonds ABP represented by Hannah Elizabeth Greenwald
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeffrey J. Angelovich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mark Dennis Debrowski
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Susan Whatley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bradley E. Beckworth
(See above for address)
ATTORNEY TO BE NOTICED
John Patrick Coffey
(See above for address)
ATTORNEY TO BE NOTICED
Lead Plaintiff
The Illinois Fund represented by Bradley E. Beckworth
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jean-Marc Zimmerman
Zimmerman, Levi & Korsinsky, LLP (NJ)
226 St. Paul Street
Westfield, NJ 07090
(908) 654-8000
Fax: 908 6547207
Email: [email protected]
LEAD ATTORNEY
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ATTORNEY TO BE NOTICED
John Patrick Coffey
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Johnny Cox represented by Bradley E. Beckworth
Individually and on behalf of himself and all (See above for address)
others similarly situated LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Evan J. Smith
Brodsky & Smith, L.L.C.
240 Mineola Blvd.
Mineola, NY 11501
516-741-4977
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeffrey Michael Norton
Wechsler Harwood LLP
488 Madison Avenue, 8th Floor
New York, NY 10022
212-935-7400
Fax: 212-753-3630
Email: [email protected]
TERMINATED: 03/28/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Patrick Coffey
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robert I. Harwood
Wechsler Harwood LLP
488 Madison Avenue, 8th Floor
New York, NY 10022
212-935-7400
Fax: 212 753-3630
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Email: [email protected]
TERMINATED: 03/28/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Samuel Kenneth Rosen
Wechsler Harwood LLP
488 Madison Avenue, 8th Floor
New York, NY 10022
212-935-7400
Fax: (212) 753-3630
Email: [email protected]
TERMINATED: 03/28/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
NEXTRA INVESTMENT MANAGEMENT S.G.R. represented by Bradley E. Beckworth
S.p.A. (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Christopher J. Keller
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Patrick Coffey
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Thomas Morrison represented by Bradley E. Beckworth
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Patrick Coffey
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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David Avi Rosenfeld
Coughlin Stoia Geller Rudman & Robbins, LLP
(LI)
58 South Service Road
Suite 200
Melville, NY 11747
631-367-7100
Fax: 631-367-1173
Email: [email protected]
ATTORNEY TO BE NOTICED
V.
Consolidated Plaintiff
Robert Hillman represented by Bradley E. Beckworth
on behalf of himself and all others similarly (See above for address)
situated LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Patrick Coffey
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Consolidated Plaintiff
Vanessa Jones represented by Bradley E. Beckworth
individually and on behalf of all others (See above for address)
similarly situated LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Patrick Coffey
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Consolidated Plaintiff
Ira Gaines represented by Bradley E. Beckworth
on behalf of himself and all others similarly (See above for address)
LEAD ATTORNEY
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situated ATTORNEY TO BE NOTICED
John Patrick Coffey
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Delphi Corporation
formerly known as
Delphi Automotive Systems, LLC
Defendant
J.T. Battenberg, III
Defendant
Alan S. Dawes
Defendant
Paul R. Free represented by Thomas Edward Zemaitis
Pepper Hamilton ,LLP(Phil)
3000 Two Logan Square, 18th and Arch
Streets
Philadelphia , PA 19103
215.981.4361
Fax: 2159814750
Email: [email protected]
ATTORNEY TO BE NOTICED
Defendant
John Sheehan
Defendant
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John G. Blahnik
Defendant
J.T. Battenberg, III
Defendant
John G. Blahnik
Defendant
Robert H. Brust
Defendant
Virgis W. Colbert
Defendant
Alan S. Dawes
Defendant
Deloitte & Touch LLP
Defendant
Delphi Trust I
Defendant
David N. Farr
Defendant
Bernd Gottschalk
Defendant
Shoichiro Irimajiri
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Defendant
Susan A. McLaughlin
Defendant
Merrill Lynch, Pierce, Fenner, & Smith,
Incorporated
Defendant
Morgan Stanley & Co, Incorporated
Defendant
Oscar De Paula Berna Neto
Defendant
Cynthia A. Niecamp
Defendant
John D. Opie
Defendant
Roger S. Penske
Defendant
Donald Runkle
Defendant
John D. Sheehan
Defendant
Patricia C. Sueltz
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Defendant
UBS Securities LLC
Defendant
Wachovia Capital Markets, LLC
Defendant
Thomas H. Wyman
V.
Consolidated Defendant
Rodney O'Neal
Consolidated Defendant
John G. Blahnik
Movant
Police and Fire Retirement System of the City represented by Ira M. Press
of Detroit Kirby McInerney LLP
825 Third Avenue
13th Floor
New York, NY 10022
(212) 371-6600
Fax: (212) 751-2540
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Movant
Government Employees Retirement System represented by Regina Marie Calcaterra
of the Virgin Islands Barrack, Rodos & Bacine(NYC)
1350 Broadway
Suite 1001
New York, NY 10018
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(212)688-0782
Fax: (212)688-0783
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Movant
Oklahoma Law Enforcement Retirement represented by Gerald Harlan Silk
System (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Movant
San Diego City Employees' Retirement represented by Gerald Harlan Silk
System (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Movant
Secure Trading Group, Inc. represented by William W. Wickersham
Entwistle & Cappucci LLP(NJ)
30 Columbia Turnpike
Florham Park, NJ 07932
(212) 894-7200
Fax: (212) 894-7272
Email: [email protected]
ATTORNEY TO BE NOTICED
Movant
Lousiana District Attorney's Retirement
System
Movant
Institutional Funds
Movant
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Institutional Investor Group
Intervenor Plaintiff
Sidney Bernstein represented by Gary Steven Graifman
Kantrowitz Goldhamer & Graifman, P.C.
210 Summit Avenue
Montvale, NJ 07645
845-356-2570
Fax: (845) 356-4335
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
FDate Filed # Docket Text
03/07/2005 1 COMPLAINT against Paul R. Free, John Sheehan, Delphi Corporation, J.T. Battenberg, III, Alan S.
Dawes. (Filing Fee $ 250.00, Receipt Number 536242)Document filed by Johnny Cox.(gf, )
(Entered: 03/09/2005)
03/07/2005 Magistrate Judge Frank Maas is so designated. (gf, ) (Entered: 03/09/2005)
03/07/2005 SUMMONS ISSUED as to Paul R. Free, John Sheehan, Delphi Corporation, J.T. Battenberg, III,
Alan S. Dawes. (gf, ) (Entered: 03/09/2005)
03/07/2005 Case Designated ECF. (gf, ) (Entered: 03/09/2005)
03/17/2005 2 NOTICE of Appearance by Evan J Smith on behalf of Johnny Cox (Smith, Evan) (Entered:
03/17/2005)
03/28/2005 3 ORDER: attorneys Robert I. Harwood, Jeffrey M. Norton, and their law firm Wechsler Harwood,
LLP are permitted to withdraw as counsel of record for plaintiff Johnie Cox as further set forth
in said Order. (Signed by Judge Naomi Reice Buchwald on 3/24/05) (db, ) (Entered:
03/31/2005)
05/06/2005 4 MOTION to Appoint Police and Fire Retirement System of the City of Detroit to serve as lead
plaintiff(s) and for consolidation and approval of lead plaintiff's selection of lead counsel.
Document filed by Police and Fire Retirement System of the City of Detroit. (Attachments: # 1
Supplement Memorandum In Support Of Motion# 2 Affidavit of Ira M. Press In Support Of
Motion# 3 Text of Proposed Order # 4 Supplement Certificate of Service)(Press, Ira) (Entered:
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05/06/2005)
05/06/2005 5 FIRST MOTION to Consolidate Cases 05-cv-2656, 05-cv-2732, 05-cv-2854, 05-cv-3323, 05-cv-
3439 Appointment as Proposed Lead Plaintiff and For Approval of Counsel. Document filed by
Government Employees Retirement System of the Virgin Islands. (Attachments: # 1 Text of
Proposed Order to Motion of the Government Employees Retirement System of the Virgin
Islands for Consolidation and Lead Plaintiff)(Calcaterra, Regina) (Entered: 05/06/2005)
05/06/2005 6 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST BRIEF
(Memorandum of Law in Support of Motion of Government Employees Retirement System of
Virgin Islands for Consolidation, Appointment of Lead Plaintiff and Approval of Lead Counsel).
Document filed by Government Employees Retirement System of the Virgin Islands.
(Attachments: # 1 Declaration of Mark Rosen in Support of Motion of Government Employees
Retirement System of Virgin Islands for Consolidation and Lead# 2 Exhibit A to Declaration of
Mark Rosen# 3 Exhibit B to Declaration of Mark Rosen# 4 Errata C to Declaration of Mark
Rosen) (Ca lcaterra, Regina) Modified on 5/13/2005 (kg). (Entered: 05/06/2005)
05/06/2005 7 MOTION to Appoint Teachers' Retirement System of Oklahoma, Oklahoma Law Enforcement
Retirement System, Public Employees' Retirement System of Mississippi, and San Diego City
Employees' Retirement System to serve as lead plaintiff(s). Document filed by Oklahoma Law
Enforcement Retirement System, Public Employees' Retirement System of Mississippi, San
Diego City Employees' Retirement System, Teachers' Retirement System of Oklahoma. (Silk,
Gerald) (Entered: 05/06/2005)
05/06/2005 8 MOTION to Appoint Policemen's Annuity & Benefit Fund of Chicago to serve as lead plaintiff(s)
Notice of Motion to Appoint Policemen's Annuity & Benefit Fund of Chicago. Document filed by
Policemen's Annuity & Benefit Fund Of Chicago. (Attachments: # 1 Motion# 2 Memorandum#
3 Declaration of Frederic S. Fox# 4 Proposed order# 5 Addidavit of Service)(Fox, Frederic)
(Entered: 05/06/2005)
05/06/2005 9 MOTION to Consolidate Cases 1:05-cv-02656, 1:05-cv-02854, 1:05-cv-02732, 1:05-cv-03323,
1:05-cv-03439 Appointment As Lead Plaintiff and Approval of Selection of Its Lead Counsel.
Document filed by Secure Trading Group, Inc.. (Wickersham, William) (Entered: 05/06/2005)
05/06/2005 10 MEMORANDUM OF LAW in Support re: 7 MOTION to Appoint Teachers' Retirement System of
Oklahoma, Oklahoma Law Enforcement Retirement System, Public Employees' Retirement
System of Mississippi, and San Diego City Employees' Retirement System to serve as lead
plaintiff(s).. Document filed by Oklahoma Law Enforcement Retirement System, Public
Employees' Retirement System of Mississippi, San Diego City Employees' Retirement System,
Teachers' Retirement System of Oklahoma. (Silk, Gerald) (Entered: 05/06/2005)
05/06/2005 11 DECLARATION of Gerald H. Silk in Support re: 7 MOTION to Appoint Teachers' Retirement
System of Oklahoma, Oklahoma Law Enforcement Retirement System, Public Employees'
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Retirement System of Mississippi, and San Diego City Employees' Retirement System to serve
as lead plaintiff(s).. Document filed by Oklahoma Law Enforcement Retirement System, Public
Employees' Retirement System of Mississippi, San Diego City Employees' Retirement System,
Teachers' Retirement System of Oklahoma. (Attachments: # 1 Silk Declaration Part 2 of 3# 2
Silk Declaration Part 3 of 3)(Silk, Gerald) (Entered: 05/06/2005)
05/06/2005 12 MEMORANDUM OF LAW in Support re: 9 MOTION to Consolidate Cases 1:05-cv-02656,1:05-
cv-02854, 1:05-cv-02732, 1:05-cv-03323, 1:05-cv-03439 Appointment As Lead Plaintiff and
Approval of Selection of Its Lead Counsel.. Document filed by Secure Trading Group, Inc..
(Attachments: # 1 Affidavit Declaration of Robert N. Cappucci In Support of the Motion of
Secure Trading Group, Inc. For Consolidation, Appointment as Lead Plaintiff and Approval of Its
Selection of Lead Counsel# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Text of
Proposed Order [Proposed] Order Consolidating the Actions, Appointing Secure Trading Group,
Inc. As Lead Plaintiff and Approving Its Selection of Lead Counsel)(Wickersham, William)
(Entered: 05/06/2005)
05/06/2005 13 CERTIFICATE OF SERVICE. Document filed by Oklahoma Law Enforcement Retirement System,
Public Employees' Retirement System of Mississippi, San Diego City Employees' Retirement
System, Teachers' Retirement System of Oklahoma. (Attachments: # 1 Compendium of
Unreported Cases)(Silk, Gerald) (Entered: 05/06/2005)
05/06/2005 14 FIRST MOTION to Appoint Louisiana District Attorney's Retirement System and the Chernofsky
Family to serve as lead plaintiff(s) . Memo of Law, Declaration, and Exhibits attached.
Document filed by Chernofsky family, Lousiana District Attorney's Retirement System.
(Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Bodkin, William) (Entered: 05/06/2005)
05/06/2005 15 MOTION to Appoint National Roofing Industry Pension Plan, International Union of Painters
and Allied Trades Industry Pension Fund and California Ironworkers Field Trust Funds to serve
as lead plaintiff(s). Document filed by Institutional Funds. (Rosenfeld, David) (Entered:
05/06/2005)
05/06/2005 16 MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint National Roofing Industry
Pension Plan, International Union of Painters and Allied Trades Industry Pension Fund and
California Ironworkers Field Trust Funds to serve as lead plaintiff(s).. Document filed by
Institutional Funds. (Rosenfeld, David) (Entered: 05/06/2005)
05/06/2005 17 DECLARATION of David A. Rosenfeld in Support re: 15 MOTION to Appoint National Roofing
Industry Pension Plan, International Union of Painters and Allied Trades Industry Pension Fund
and California Ironworkers Field Trust Funds to serve as lead plaintiff(s).. Document filed by
Institutional Funds. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit
D)(Rosenfeld, David) (Entered: 05/06/2005)
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05/06/2005 18 MOTION to Amend/Correct 15 MOTION to Appoint National Roofing Industry Pension Plan,
International Union of Painters and Allied Trades Industry Pension Fund and California
Ironworkers Field Trust Funds to serve as lead plaintiff(s). attaching proposed order. Document
filed by Institutional Funds. (Attachments: # 1 Text of Proposed Order)(Rosenfeld, David)
(Entered: 05/06/2005)
05/06/2005 19 MOTION to Appoint NEXTRA INVESTMENT MANAGEMENT S.G.R. S.p.A. and RAIFFEISEN
KAPITALANLAGE-GESELLSCHAFT m.b.H. to serve as lead plaintiff(s). Document filed by NEXTRA
INVESTMENT MANAGEMENT S.G.R. S.p.A., Raiffeisen Kapitalanlage-Gesellschaft m.b.H. (Keller,
Christopher) (Entered: 05/06/2005)
05/06/2005 20 MEMORANDUM OF LAW re: 19 MOTION to Appoint NEXTRA INVESTMENT MANAGEMENT
S.G.R. S.p.A. and RAIFFEISEN KAPITALAN LAG E-G ESELLSCHAFT m.b.H. to serve as lead
plaintiff(s).. Document filed by NEXTRA INVESTMENT MANAGEMENT S.G.R. S.p.A., Raiffeisen
Kapitalanlage-Gesellschaft m.b.H. (Keller, Christopher) (Entered: 05/06/2005)
05/06/2005 21 DECLARATION of Christopher J. Keller in Support re: 19 MOTION to Appoint NEXTRA
INVESTMENT MANAGEMENT S.G.R. S.p.A. and RAIFFEISEN KAPITALAN LAG E-G ESELLSCHAFT
m.b.H. to serve as lead plaintiff(s)., 20 Memorandum of Law,. Document filed by NEXTRA
INVESTMENT MANAGEMENT S.G.R. S.p.A., Raiffeisen Kapitalanlage-Gesellschaft m.b.H.
(Attachments: # 1 Exhibit A - Certirfication of Named Plaintiff# 2 Exhibit B - Schiffrin Press
Release# 3 Exhibit C - Delphi's Estimated Losses# 4 Exhibit D - Schiffrin Firm Bio# 5 Exhibit E -
Goodkind Labaton Firm Bio)(Keller, Christopher) (Entered: 05/06/2005)
05/06/2005 22 MOTION to Appoint THE INSTITUTIONAL INVESTOR GROUP to serve as lead plaintiff(s).
Document filed by Institutional Investor Group. (Attachments: # 1 Text of Proposed Order)(Lee,
Sharon) (Entered: 05/06/2005)
05/06/2005 23 MEMORANDUM OF LAW in Support re: 22 MOTION to Appoint THE INSTITUTIONAL INVESTOR
GROUP to serve as lead plaintiff(s).. Document filed by Institutional Investor Group. (Lee,
Sharon) (Entered: 05/06/2005)
05/06/2005 24 DECLARATION of Peter E. Seidman in Support re: 22 MOTION to Appoint THE INSTITUTIONAL
INVESTOR GROUP to serve as lead plaintiff(s).. Document filed by Institutional Investor Group.
(Attachments: # 1 Exhibit A - Complaint# 2 Exhibit B -1st Notice# 3 Exhibit C - Certs# 4 Exhibit
D - Firm Resume# 5 Exhibit E - Loss Chart)(Lee, Sharon) (Entered: 05/06/2005)
05/06/2005 25 MOTION to Appoint Stichting Pensioenfonds ABP to serve as lead plaintiff(s). Document filed
by Stichting Pensioenfonds ABP. (Liebesman, Sidney) (Entered: 05/06/2005)
05/06/2005 26 MEMORANDUM OF LAW in Support re: 25 MOTION to Appoint Stichting Pensioenfonds ABP to
serve as lead plaintiff(s).. Document filed by Stichting Pensioenfonds ABP. (Liebesman, Sidney)
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(Entered: 05/06/2005)
05/06/2005 27 DECLARATION of Geoffrey C. Jarvis in Support re: 25 MOTION to Appoint Stichting
Pensioenfonds ABP to serve as lead plaintiff(s).. Document filed by Stichting Pensioenfonds
ABP. (Liebesman, Sidney) (Entered: 05/06/2005)
05/06/2005 28 MOTION to Appoint Counsel for Lead Plaintiff and to Appoint Lead Plaintiff. Document filed by
The Illinois Fund. (Attachments: # 1 Lead Plaintiff Memorandum# 2 # 3 # 4 # 5 # 6 # 7 #
8)(Zimmerman, Jean-Marc) (Entered: 05/06/2005)
05/13/2005 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney
Regina M. Calcaterra to RE-FILE Document 6 Brief. Use the document type Memorandum of
Law in Support of Motion found under the document list Responses and Replies. (kg) (Entered:
05/13/2005)
05/13/2005 29 FIRST MEMORANDUM OF LAW in Support re: 5 FIRST MOTION to Consolidate Cases 05-cv-
2656, 05-cv-2732, 05-cv-2854, 05-cv-3323, 05-cv-3439 Appointment as Proposed Lead Plaintiff
and For Approval of Counsel.. Document filed by Government Employees Retirement System of
the Virgin Islands. (Attachments: # 1 Declaration of Mark Rosen to Motion for Consolidation,
Approval of Lead and Appointment of Counsel# 2 Exhibit A to Declaration of Mark Rosen# 3
Exhibit B to Declaration of Mark Rosen# 4 Exhibit C to Declaration of Mark Rosen) (Ca lcaterra,
Regina) (Entered: 05/13/2005)
05/17/2005 30 NOTICE of Notice of Partial Withdrawal. Document filed by The Illinois Fund. (Zimmerman,
Jean-Marc) (Entered: 05/17/2005)
05/23/2005 31 NOTICE of Notice of Withdrawal of Lead Plaintiff Motion. Document filed by Police and Fire
Retirement System of the City of Detroit. (Press, Ira) (Entered: 05/23/2005)
06/27/2005 32 STIPULATION AND ORDER regarding appointment of lead plaintiffs and approval of lead
plaintiffs' selection of lead counsel. (Signed by Judge Naomi Reice Buchwald on 6/27/05) (kw, )
Additional attachment(s) added on 6/28/2005 (kw, ). (Entered: 06/28/2005)
07/07/2005 33 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Lerach
Coughlin Stoia Geller Rudman & Robbins LLP to Withdraw as Attorney of Record. Document
filed by Thomas Morrison. (Rosenfeld, David) Modified on 7/11/2005 (kg). (Entered:
07/07/2005)
07/11/2005 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney
David Rosenfeld to RE-FILE Document 33 MOTION for Lerach Coughlin Stoia Geller Rudman &
Robbins LLP to Withdraw as Attorney of Record. Use the document type Notice of Withdrawl
of Counsel found under the document list Notices. (kg) (Entered: 07/11/2005)
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07/12/2005 34 1 NOTICE of Notice of Withdrawal of Counsel. Document filed by Thomas Morrison. (Rosenfeld,
David) (Entered: 07/12/2005)
08/19/2005 35 NOTICE of Notice of Filing of Motion for Transfer Filed with the Judicial Panel on Multidistrict
Litigation. Document filed by John Sheehan, Delphi Corporation, J.T. Battenberg, III, Alan S.
Dawes. (Attachments: # 1 Memorandum of Law in Support of Motion for Transfer Pursuant to
28 USC Sec 1407# 2 Schedule of Actions Involved# 3 Notice of Appearance and Designation of
Counsel# 4 Disclosure Statement# 5 Request for Oral Argument# 6 Certificate of
Service)(Polovoy, Brian) (Entered: 08/19/2005)
08/30/2005 36 NOTICE of Revised Schedule of Actions re: 35 Notice (Other), Notice (Other). Document filed by
John Sheehan, Delphi Corporation, J.T. Battenberg, III, Alan S. Dawes. (Attachments: # 1
Certificate of Service)(Polovoy, Brian) (Entered: 08/30/2005)
09/22/2005 37 NOTICE of Institutional Lead Plaintiffs' Response in Support of the Motion for Transfer
Pursuant to 28 U.S.C. Sec. 1407 by the Delphi Defendants filed with the Judicial Panel on
Multidistrict Litigation re: 35 Notice (Other), Notice (Other). (Attachments: # 1 Exhibit A# 2
Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F-1# 7 Exhibit F-2# 8 Exhibit F-3# 9
Exhibit F-4# 10 Exhibit G)(Greenwald, Hannah) (Entered: 09/22/2005)
09/22/2005 38 NOTICE of WITHDRAWAL OF THE INSTITUTIONAL INVESTOR GROUPS MOTION FOR
CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD
COUNSEL. Document filed by Institutional Investor Group. (Attachments: # 1 Certificate of
Service) (Seidman, Peter) (Entered: 09/22/2005)
09/23/2005 39 STIPULATION AND ORDER; this action is consolidated (Lead Case) with following (Member
Cases): 05civ2656; 05civ2732; 05civ3323; 05civ3439 & 05civ4476 for all purpose pursuant to
Fed. R. Civ. P. 42(a). These actions shall be referred to collectively as In re Delphi Corp.
Securities Litigation, Master File No. 1:05-cv-2637(NRB). The Clerk of Court shall a) file a copy
of this order in the separate file for such action; b) mail a copy of the Order of assingment to
counsel for each defendant in the Consolidated Actions; c) Make an appropriate entry in the
Master Docket; d) Mail to the attorneys for the plaintiff(s) in the newly filed or transferred case
a copy of this Order; e) upon the first appearance of any new defendant(s), mail to the
attorneys for such defendant(s) in such newly filed or transferred case a copy of this Order.
Every pleading filed in the Consolidated Action, and in any separate action included therein,
shall bear the following caption: In Re Delphi Corp. Securities Litigation. Amended Pleadings
due by 9/30/2005. Motions due by 12/2/2005. Replies due by 3/10/2006. Responses due by
2/3/2006 (Signed by Judge Naomi Reice Buchwald on 9/23/05) Document Also filed in:
05civ2656; 05civ2732; 05civ3323; 05civ3439 & 05civ4476(sac, ) (Entered: 09/27/2005)
09/23/2005 Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Telephone
Conference held on 9/23/2005. (cd, ) (Entered: 10/06/2005)
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09/30/2005 40 CONSOLIDATED CLASS ACTION COMPLAINT; against Paul R. Free, John Sheehan, Rodney
O'Neal, John G. Blahnik, Delphi Corporation, J.T. Battenberg, III, Alan S. Dawes. Document filed
by The Illinois Fund, Thomas Morrison, Robert Hillman, Vanessa Jones, Ira Gaines, Johnny Cox,
NEXTRA INVESTMENT MANAGEMENT S.G.R. S.p.A., Raiffeisen Kapitalanlage-Gesellschaft
m.b.H.(pl, ) (Entered: 10/06/2005)
09/30/2005 42 CONSOLIDATED CLASS ACTION COMPLAINT (This Document Relates to: ALL ACTIONS) against
all defendants. Document filed by Stichting Pensioenfonds ABP, Public Employees' Retirement
System of Mississippi, Teachers' Retirement System of Oklahoma, Raiffeisen Kapitalanlage-
Gesellschaft m.b.H. (rag, ) (Entered: 10/11/2005)
10/09/2005 41 SUGGESTION OF BANKRUPTCY Upon the Record as to All Actions. Document filed by Delphi
Corporation (Attachments: # 1 Petition# 2 Certificate of Service)(Polovoy, Brian) (Entered:
10/09/2005)
10/25/2005 43 NOTICE of Appearance by Thomas Edward Zemaitis on behalf of Paul R. Free (Zemaitis,
Thomas) (Entered: 10/25/2005)
10/30/2005 44 AFFIDAVIT OF SERVICE. John G. Blahnik served on 9/30/2005, answer due 10/20/2005; J.T.
Battenberg, III served on 9/30/2005, answer due 10/20/2005; John G. Blahnik served on
9/30/2005, answer due 10/20/2005; Robert H. Brust served on 9/30/2005, answer due
10/20/2005; Virgis W. Colbert served on 9/30/2005, answer due 10/20/2005; Alan S. Dawes
served on 9/30/2005, answer due 10/20/2005; Deloitte & Touch LLP served on 9/30/2005,
answer due 10/20/2005; Delphi Trust I served on 9/30/2005, answer due 10/20/2005; David N.
Farr served on 9/30/2005, answer due 10/20/2005; Bernd Gottschalk served on 9/30/2005,
answer due 10/20/2005; Shoichiro Irimajiri served on 9/30/2005, answer due 10/20/2005;
Susan A. McLaughlin served on 9/30/2005, answer due 10/20/2005; Merrill Lynch, Pierce,
Fenner, & Smith, Incorporated served on 9/30/2005, answer due 10/20/2005; Morgan Stanley
& Co, Incorporated served on 9/30/2005, answer due 10/20/2005; Oscar De Paula Berna Neto
served on 9/30/2005, answer due 10/20/2005; Cynthia A. Niecamp served on 9/30/2005,
answer due 10/20/2005; John D. Opie served on 9/30/2005, answer due 10/20/2005; Roger S.
Penske served on 9/30/2005, answer due 10/20/2005; Donald Runkle served on 9/30/2005,
answer due 10/20/2005; John D. Sheehan served on 9/30/2005, answer due 10/20/2005;
Patricia C. Sueltz served on 9/30/2005, answer due 10/20/2005; UBS Securities LLC served on
9/30/2005, answer due 10/20/2005; Wachovia Capital Markets, LLC served on 9/30/2005,
answer due 10/20/2005; Thomas H. Wyman served on 9/30/2005, answer due 10/20/2005.
Document filed by Stichting Pensioenfonds ABP; Public Employees' Retirement System of
Mississippi; Teachers' Retirement System of Oklahoma; Raiffeisen Kapitalanlage-Gesellschaft
m.b.H. (Greenwald, Hannah) (Entered: 10/30/2005)
11/08/2005 45 STIPULATION AND ORDER the Underwriter defendants, as defined in the Consolidated Class
Action Complaint, waive service of the Consolidated Class Action Complaint; and The
Underwriter defendants will be bound by the schedule set forth in the Stipulation previously
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entered in this case dated 9/23/05. So Ordered. (Signed by Judge Naomi Reice Buchwald on
11/8/05) (jco, ) (Entered: 11/09/2005)
11/15/2005 46 NOTICE of Motion for Admission of Richard A. Rossman Pro Hac Vice. Document filed by Paul
R. Free. (Attachments: # 1 Affidavit of Richard A. Rossman in Support of Motion for Admission
Pro Hac Vice# 2 Affidavit of Thomas E. Zemaitis in Support of Motion for Admission Pro Hac
Vice)(Zemaitis, Thomas) (Entered: 11/15/2005)
11/15/2005 47 NOTICE of Motion for Admission of Richard A. Rossman Pro Hac Vice re: 46 Notice (Other),
Notice (Other). Document filed by Paul R. Free. (Zemaitis, Thomas) (Entered: 11/15/2005)
11/15/2005 48 NOTICE of Motion for Admission of Matthew J. Lund Pro Hac Vice. Document filed by Paul R.
Free. (Attachments: # 1 Affidavit of Matthew J. Lund in Support of Motion for Admission Pro
Hac Vice# 2 Affidavit Affidavit of)(Zemaitis, Thomas) (Entered: 11/15/2005)
11/15/2005 49 CERTIFICATE of Counsel by Thomas Edward Zemaitis on behalf of Paul R. Free. Re: 46 Notice
(Other), Notice (Other), 47 Notice (Other), 48 Notice (Other). (Zemaitis, Thomas) (Entered:
11/15/2005)
11/21/2005 50 SCHEDULING ORDER: Motions due by 1/11/2006. Responses due by 3/15/2006 Replies due by
4/21/2006. (Signed by Judge Naomi Reice Buchwald on 11/18/05) (dle, ) (Entered: 11/21/2005)
12/12/2005 51 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Intervene. Document filed by Sidney
Bernstein. (Attachments: # 1 Letter# 2 Memo of Law in Support of Motion to Intervene# 3
Declaration of Howard Longman in Support of Motion to Intervene# 4 Exhibit A-D of Longman
Declaration# 5 Exhibit E-G of Longman Declaration# 6 Exhibit H-K of Longman Declaration#
7)Filed In Associated Cases: 1:05-cv-02637-NRB,1:05-cv-02656-NRB,1:05-cv-02732-NRB,1:05-
cv-03323-NRB,1:05-cv-03439-NRB, 1:05-cv-04476-NRB(Graifman, Gary) Modified on
12/29/2005 (kg). (Entered: 12/12/2005)
12/13/2005 52 MOTION (FILED ON SERVICE DATE) for Matthew J. Lund to Appear Pro Hac Vice. Document
filed by Paul R. Free. (Entered: 12/15/2005)
12/13/2005 53 MOTION (FILED ON SERVICE DATE) for Richard A. Rossman to Appear Pro Hac Vice. Document
filed by Paul R. Free. (cd, ) (Entered: 12/15/2005)
12/20/2005 54 MOTION (FILED ON SERVICE DATE) for Clark C. Johnson and Allison Emerson Jones to Appear
Pro Hac Vice. filed by Setech, Inc. (Entered: 12/27/2005)
12/27/2005 fld copy of MDL Transfer Order, signed by D. Lowell Jensen. (cd, ) (Entered: 12/28/2005)
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12/29/2005 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to
Attorney Gary Graifman to RE-FILE Document 51 MOTION to Intervene. ERROR(S): Filing Error
of Attachments. Memorandum of Law in support of motion and Declaration in support of
motion must be filed separately. (kg) (Entered: 12/29/2005)
02/06/2006 55 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL
PANEL... transferring this action from the U.S.D.C. (S.D.N.Y) to the United States District Court -
Eastern District of Michigan. (Signed by Judge MDL Panel on 12/12/5) (laq, ) Additional
attachment(s) added on 2/8/2006 (laq, ). (Entered: 02/08/2006)
02/06/2006 MDL TRANSFER OUT: Mailed certified copy of docket entries and transfer order along with
letter of acknowledgment to the United States District Court - Eastern District of Michigan.
Mailed via Federal Express AIRBILL # 84813047 5571 on 2/8/6. (laq, ) (Entered: 02/08/2006)