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US District Court Civil Docket as of October 26, 2015 Retrieved from the court on October 26, 2015
United States District Court Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:10-cv-03621-CMR
UNDERLAND v. ALTER et al Assigned to: HONORABLE CYNTHIA M. RUFE all others Cases: 2:09-cv-04730-CMR
2:09-cv-04974-CMR
related Case: 2:13-cv-03361-CMR
Cause: 15:77 Securities Fraud
Date Filed: 07/23/2010 Date Terminated: 09/09/2014 Jury Demand: None Nature of Suit: 850 Other Statutes: Securities/Commodities Jurisdiction: Federal Question
Special Master
ESQUIRE DAVID H. MARION represented by DAVID H. MARION WHITE AND WILLIAMS LLP 1800 ONE LIBERTY PLACE 1650 MARKET STREET PHILADELPHIA, PA 19103 215-864-6870 Fax: 215-789-6675 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
WILLIAM E. UNDERLAND on behalf of himself and all other similarly situated persons
represented by CHRISTOPHER L. NELSON THE WEISER LAW FIRM, P.C. 22 CASSATT AVENUE First Floor BERWYN, PA 19312 610-225-2677 Fax: 610-408-8062 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED DEBORAH CLARK-WEINTRAUB Scott+Scott, Attorneys at Law, LLP The Helmsley Building 230 Park Avenue, 17th Floor NEW YORK, NY 10169 212-223-64444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED JOHN T. JASNOCH
SCOTT & SCOTT LLP 707 BROADWAY STE 1000 SAN DIEGO, CA 92101 619-233-4565 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED ROBERT B. WEISER THE WEISER LAW FIRM PC 22 CASSATT AVE BERWYN, PA 19312 610-225-2677 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED THOMAS L. LAUGHLIN , IV SCOTT & SCOTT LLP THE HELMSLEY BLDG 17TH FL 230 PARK AVE NEW YORK, NY 10169 212-223-6444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED ANNE L. BOX SCOTT & SCOTT LLP 707 BROADWAY SUITE 1000 SAN DIEGO, CA 92101 619-798-5317 Email: [email protected] ATTORNEY TO BE NOTICED BRETT DAVID STECKER THE WEISER LAW FIRM PC 22 Cassatt Ave First Floor Berwyn, PA 19312 610-225-2677 Fax: 610-408-8062 Email: [email protected] ATTORNEY TO BE NOTICED GEOFFREY M. JOHNSON SCOTT & SCOTT 33 RIVER STREET CHAGRIN FALLS, OH 44022
440-247-8200 Fax: 440-247-8275 ATTORNEY TO BE NOTICED JEFFREY J. CIARLANTO THE WEISER LAW FIRM PC 121 N. WAYNE AVE STE 100 WAYNE, PA 19087 610-225-2677 Fax: 610-225-2678 Email: [email protected] ATTORNEY TO BE NOTICED PATRICIA C. WEISER THE WEISER LAW FIRM P.C. 22 CASSATT AVENUE BERWYN, PA 19312 610-225-2677 Email: [email protected] ATTORNEY TO BE NOTICED
Plaintiff
MARK SCHALLER represented by JEFFREY J. CIARLANTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED THOMAS L. LAUGHLIN , IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED BRETT DAVID STECKER (See above for address) ATTORNEY TO BE NOTICED PATRICIA C. WEISER (See above for address) ATTORNEY TO BE NOTICED
V.
Defendant
DENNIS ALTER represented by MICHAEL L. KICHLINE DECHERT LLP 2929 ARCH ST. PHILA, PA 19104 TEL 215-994-2439 Fax: FAX 215-994-2222 Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED STEVEN B. FEIRSON COPO STRATEGIES 30 SOUTH 15TH STREET 15TH FLOOR PHILADELPHIA, PA 19102 215-994-2749 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED ALEXANDER BILUS SAUL EWING ARNSTEIN & LEHR LLP CENTER SQUARE WEST 1500 MARKET STREET PHILADELPHIA, PA 19102 215-972-7177 Email: [email protected] ATTORNEY TO BE NOTICED DAVID J. STANOCH GOLOMB & HONIK, P.C. 1515 Market Street Suite 1100 PHILADELPHIA, PA 19102 215-985-9177 Fax: 215-985-4169 Email: [email protected] ATTORNEY TO BE NOTICED SARAH L. WYATT COPO STRATEGIES 30 SOUTH 15TH STREET 15TH FLOOR PHILADELPHIA, PA 19102 215-994-4000 Email: [email protected] ATTORNEY TO BE NOTICED STUART T. STEINBERG DECHERT LLP CIRCA CENTRE 2929 ARCH ST PHILA, PA 19104-2808 215-994-4000 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant
WILLIAM A. ROSOFF represented by MICHAEL L. KICHLINE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED STEVEN B. FEIRSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED DAVID J. STANOCH (See above for address) ATTORNEY TO BE NOTICED SARAH L. WYATT (See above for address) ATTORNEY TO BE NOTICED STUART T. STEINBERG (See above for address) ATTORNEY TO BE NOTICED
Defendant
PHILIP M. BROWNE represented by MICHAEL L. KICHLINE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED STEVEN B. FEIRSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED DAVID J. STANOCH (See above for address) ATTORNEY TO BE NOTICED SARAH L. WYATT (See above for address) ATTORNEY TO BE NOTICED
STUART T. STEINBERG (See above for address) ATTORNEY TO BE NOTICED
Defendant
DAVID B. WEINSTOCK represented by JOHN S. EDWARDS , JR. AJAMIE LLP PENZOIL PLACE SOUTH TOWER 711 LOUISIANA SUITE 2150 HOUSTON, TX 77002 713-860-1600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED MICHAEL L. KICHLINE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED STEVEN B. FEIRSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED WALLACE A. SHOWMAN AJAMIE LLP 200 CABRINI BLVD. # 43 NEW YORK, NY 10033 212-928-7591 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED DAVID W. ENGSTROM LAW OFFICE OF DAVID W ENGSTROM 4000 TWO COMMERCE SQUARE 2001 MARKET ST PHILADELPHIA, PA 19103 215-375-7700 Email: [email protected] ATTORNEY TO BE NOTICED SARAH L. WYATT
(See above for address) ATTORNEY TO BE NOTICED THOMAS R. AJAMIE AJAMIE LLP PENNZOIL PLACE-SOUTH TOWER 711 LOUISIANA SUITE 2150 HOUSTON, TX 77002 713-860-1600 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant
ROBERT S. BLANK TERMINATED: 10/07/2011
represented by MICHAEL L. KICHLINE (See above for address) TERMINATED: 10/07/2011 LEAD ATTORNEY STEVEN B. FEIRSON (See above for address) TERMINATED: 10/07/2011 LEAD ATTORNEY ALEXANDER BILUS (See above for address) TERMINATED: 10/07/2011 DAVID J. STANOCH (See above for address) ATTORNEY TO BE NOTICED SARAH L. WYATT (See above for address) TERMINATED: 10/07/2011
Defendant
MAX BOTEL represented by MICHAEL L. KICHLINE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED STEVEN B. FEIRSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED
DAVID J. STANOCH (See above for address) ATTORNEY TO BE NOTICED SARAH L. WYATT (See above for address) ATTORNEY TO BE NOTICED STUART T. STEINBERG (See above for address) ATTORNEY TO BE NOTICED
Defendant
THOMAS COSTELLO represented by MICHAEL L. KICHLINE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED STEVEN B. FEIRSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED DAVID J. STANOCH (See above for address) ATTORNEY TO BE NOTICED SARAH L. WYATT (See above for address) ATTORNEY TO BE NOTICED STUART T. STEINBERG (See above for address) ATTORNEY TO BE NOTICED
Defendant
DANA BECKER DUNN represented by MICHAEL L. KICHLINE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED STEVEN B. FEIRSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED DAVID J. STANOCH (See above for address) ATTORNEY TO BE NOTICED SARAH L. WYATT (See above for address) ATTORNEY TO BE NOTICED STUART T. STEINBERG (See above for address) ATTORNEY TO BE NOTICED
Defendant
ROBERT LUBNER represented by MICHAEL L. KICHLINE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED STEVEN B. FEIRSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED DAVID J. STANOCH (See above for address) ATTORNEY TO BE NOTICED SARAH L. WYATT (See above for address) ATTORNEY TO BE NOTICED STUART T. STEINBERG (See above for address) ATTORNEY TO BE NOTICED
Defendant
OLAF OLAFFSON represented by MICHAEL L. KICHLINE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED STEVEN B. FEIRSON
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED DAVID J. STANOCH (See above for address) ATTORNEY TO BE NOTICED SARAH L. WYATT (See above for address) ATTORNEY TO BE NOTICED STUART T. STEINBERG (See above for address) ATTORNEY TO BE NOTICED
Defendant
MICHAEL STOLPER represented by MICHAEL L. KICHLINE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED STEVEN B. FEIRSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ALEXANDER BILUS (See above for address) ATTORNEY TO BE NOTICED DAVID J. STANOCH (See above for address) ATTORNEY TO BE NOTICED SARAH L. WYATT (See above for address) ATTORNEY TO BE NOTICED STUART T. STEINBERG (See above for address) ATTORNEY TO BE NOTICED
Defendant
KPMG LLP represented by EDWARD D. ROGERS BALLARD, SPAHR, ANDREWS AND
INGERSOLL 1735 MARKET STREET 51ST FLOOR PHILA, PA 19103-7599 215-864-8144 Fax: 215-864-9782 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED GEOFFREY A. KAHN BALLARD SPAHR ANDREWS & INGERSOLL LLP 1735 MARKET ST 51ST FLOOR PHILADELPHIA, PA 19103 215-665-8500 Fax: 215-864-8999 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED ANNE GRABER BLAZEK BALLARD SPAHR LLP 1735 MARKET ST 51ST FL PHILADELPHIA, PA 19103 215-665-8500 Email: [email protected] ATTORNEY TO BE NOTICED RUTH S. USELTON BALLARD SPAHR LLP 1735 MARKET STREET 51ST STREET PHILADELPHIA, PA 19103-7599 215/864-8633 Email: [email protected] ATTORNEY TO BE NOTICED STANLEY J. PARZEN MAYER BROWN LLP 71 S. WACKER DR CHICAGO, IL 60606 312-701-7326 Email: [email protected] TERMINATED: 11/27/2012
Date Filed # Docket Text
07/23/2010 1 NOTICE OF REMOVAL by DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL,
PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK from Montgomery, case number 2010-16719-0, Certificate of Service.( Filing fee $ 350 receipt number PPE026757.) (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Case Management Track Form)(jeb, ) (Entered: 07/26/2010)
07/27/2010 2 NOTICE of Appearance by EDWARD D. ROGERS on behalf of KPMG LLP with Certificate of Service(ROGERS, EDWARD) (Entered: 07/27/2010)
07/27/2010 3 NOTICE of Appearance by ANNE GRABER BLAZEK on behalf of KPMG LLP with Certificate of Service(BLAZEK, ANNE) (Entered: 07/27/2010)
07/27/2010 4 NOTICE of Appearance by GEOFFREY A. KAHN on behalf of KPMG LLP with Certificate of Service(KAHN, GEOFFREY) (Entered: 07/27/2010)
08/04/2010 5 NOTICE of Appearance by JEFFREY J. CIARLANTO on behalf of WILLIAM E. UNDERLAND with Certificate of Service(CIARLANTO, JEFFREY) (Entered: 08/04/2010)
08/04/2010 6 NOTICE of Appearance by BRETT DAVID STECKER on behalf of WILLIAM E. UNDERLAND with Certificate of Service(STECKER, BRETT) (Entered: 08/04/2010)
08/05/2010 7 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND. DENNIS ALTER waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
08/05/2010 8 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND. ROBERT S. BLANK waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
08/05/2010 9 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND. MAX BOTEL waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
08/05/2010 10 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND. PHILIP M. BROWNE waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
08/05/2010 11 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND. THOMAS COSTELLO waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
08/05/2010 12 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND. DANA BECKER DUNN waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
08/05/2010 13 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND. ROBERT LUBNER waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
08/05/2010 14 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND. OLAF OLAFFSON waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
08/05/2010 15 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND.
WILLIAM A. ROSOFF waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
08/05/2010 16 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND. MICHAEL STOLPER waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
08/05/2010 17 WAIVER OF SERVICE Returned Executed by WILLIAM E. UNDERLAND. DAVID B. WEINSTOCK waiver sent on 7/29/2010, answer due 9/27/2010. (CIARLANTO, JEFFREY) (Entered: 08/05/2010)
09/16/2010 18 STIPULATED SCHEDULING ORDER AS OUTLINED HEREIN.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/14/10. 9/16/10 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 09/16/2010)
09/30/2010 19 NOTICE of Withdrawal of Appearance by ANNE GRABER BLAZEK on behalf of KPMG LLP(BLAZEK, ANNE) (Entered: 09/30/2010)
10/08/2010 20 MOTION to Appoint Counsel and Lead Plaintiff filed by WILLIAM E. UNDERLAND.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Robert B. Weiser in Support of Motion, # 3 Exhibit A to Declaration of Robert B. Weiser, # 4 Exhibit B to Declaration of Robert B. Weiser, # 5 Exhibit C to Declaration of Robert B. Weiser, # 6 Exhibit D to Declaration of Robert B. Weiser, # 7 Exhibit E to Declaration of Robert B. Weiser, # 8 Exhibit F to Declaration of Robert B. Weiser)(CIARLANTO, JEFFREY) (Entered: 10/08/2010)
10/19/2010 21 NOTICE of Appearance by RUTH S. USELTON on behalf of KPMG LLP with Certificate of Service(USELTON, RUTH) (Entered: 10/19/2010)
10/21/2010 22 APPLICATION FOR PRO HAC VICE ADMISSION OF STANLEY J. PARZEN, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by KPMG LLP. (PPE031445) (rf, ) (Entered: 10/21/2010)
10/22/2010 23 RESPONSE to Motion re 20 MOTION to Appoint Counsel and Lead Plaintiff filed by KPMG LLP. (USELTON, RUTH) (Entered: 10/22/2010)
10/28/2010 24 Disclosure Statement Form pursuant to FRCP 7.1 by KPMG LLP.(USELTON, RUTH) (Entered: 10/28/2010)
11/01/2010 25 NOTICE by WILLIAM E. UNDERLAND of Unopposed Motion for Appointment as Lead Plaintiffs and Approval of Their Selection of Lead Counsel (CIARLANTO, JEFFREY) (Entered: 11/01/2010)
11/03/2010 26 APPLICATION FOR PRO HAC VICE ADMISSION OF THOMAS LAUGHLIN FILED BY WILLIAM UNDERLAND. SPONSOR'S STATEMENT AND CERTIFICATE OF SERVICE. ($40 fee paid, Receipt # 032094) (jcab) (Entered: 11/04/2010)
11/04/2010 27 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF THOMAS LAUGHLIN IS GRANTED.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/4/10. 11/5/10 ENTERED AND COPIES MAILED, E-MAILED (rf, ) (Entered: 11/05/2010)
11/09/2010 28 ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF ATTORNEY THOMAS LAUGHLIN IS GRANTED.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/5/10. 11/10/10 ENTERED AND COPIES MAILED, E-MAILED.(rf, )
(Entered: 11/10/2010)
11/19/2010 29 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF STANLEY J. PARZEN IS GRANTED AS OUTLINED HEREIN.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/22/10. 11/19/10 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 11/19/2010)
12/13/2010 30 ORDER THAT PLAINTIFF'S MOTION TO APPOINT COUNSEL IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/13/2010.12/14/2010 ENTERED AND COPIES MAILED AND E-MAILED.(stwe, ) (Entered: 12/14/2010)
01/06/2011 31 APPLICATION FOR PRO HAC VICE ADMISSION OF GEOFFREY M. JOHNSON, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by WILLIAM E. UNDERLAND. (PPE035432) (rf, ) (Entered: 01/06/2011)
01/11/2011 32 ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF GEOFFREY M. JOHNSON IS GRANTED.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/10/11. 1/1/11 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 01/11/2011)
01/13/2011 33 AMENDED CLASS ACTION COMPLAINT FOR VIOLATION OF THE SECURITIES ACT OF 1933 against DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, KPMG LLP, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK filed by WILLIAM E. UNDERLAND, MARK SCHALLER., JURY DEMAND, CERTIFICATE OF SERVICE.(rf, ) (Entered: 01/13/2011)
01/31/2011 34 Joint MOTION for Extension of Time to File Motion for Class Certification and [Proposed] Order filed by MARK SCHALLER, WILLIAM E. UNDERLAND.Certificate of Service.(CIARLANTO, JEFFREY) (Entered: 01/31/2011)
01/31/2011 35 ORDER THAT THE TIME FOR PLAINTIFFS TO MOVE FOR CLASS CLARIFICATION IS EXTENDED FROM 4/13/2011 TO A DATE 90 DAYS FROM ANY ORDER SUSTAINING PLAINTIFFS AMENDED CLASS ACTION COMPLAINT.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/31/11. 2/1/11 ENTERED AND COPIES MAILED TO WEISER, E-MAILED.(rf, ) (Entered: 02/01/2011)
02/23/2011 36 STIPULATION AND ORDER TO EXCEED PAGE LIMIT IS SO ORDERED.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/23/11. 2/23/11 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 02/23/2011)
02/28/2011 37 MOTION to Dismiss the Amended Class Action Complaint filed by KPMG LLP.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Appendix of Exhibits Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12)(ROGERS, EDWARD) (Entered: 02/28/2011)
02/28/2011 38 MOTION to Dismiss the Amended Complaint, Memorandum of Law, Proposed Order, and Certificate of Service filed by DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK.. (Attachments: # 1 Exhibit List and Exhs A-G, # 2 Exhs H-J)(WYATT, SARAH) (Entered: 02/28/2011)
04/12/2011 39 STIPULATION and [Proposed] Order to Extend Plaintiffs' Time to File Their Opposition Briefs by Two Weeks by DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, KPMG LLP, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MARK SCHALLER, MICHAEL STOLPER, WILLIAM E. UNDERLAND, DAVID B. WEINSTOCK. (LAUGHLIN, THOMAS) Modified on 4/13/2011 (afm, ). (FILED IN ERROR BY ATTORNEY, FORWARDING TO JUDGE FOR APPROVAL) (Entered: 04/12/2011)
04/15/2011 40 STIPULATION AND ORDER TO EXTEND PLAINTIFFS TIME TO FILE THEIR OPPOSITION BRIEF BY TWO WEEKS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/14/11. 4/18/11 ENTERED AND COPIES MAILED TO WEISER & JOHNSON, E-MAILED.(rf, ) (Entered: 04/18/2011)
04/15/2011 Set/Reset Deadlines as to 37 MOTION to Dismiss the Amended Class Action Complaint, 38 MOTION to Dismiss the Amended Complaint, Memorandum of Law, Proposed Order, and Certificate of Service. RESPONSES DUE BY 4/28/2011. REPLIES DUE BY 5/26/2011. (rf, ) (Entered: 04/18/2011)
04/28/2011 41 Memorandum in Opposition re 38 MOTION to Dismiss the Amended Complaint, Memorandum of Law, Proposed Order, and Certificate of Service filed by MARK SCHALLER, WILLIAM E. UNDERLAND. (LAUGHLIN, THOMAS) (Entered: 04/28/2011)
04/28/2011 42 Memorandum in Opposition re 37 MOTION to Dismiss the Amended Class Action Complaint filed by MARK SCHALLER, WILLIAM E. UNDERLAND. (LAUGHLIN, THOMAS) (Entered: 04/28/2011)
05/26/2011 43 NOTICE of Appearance by ALEXANDER BILUS on behalf of DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK with Certificate of Service(BILUS, ALEXANDER) (Entered: 05/26/2011)
05/26/2011 44 REPLY Memorandum of Law in Support of Motion re 37 MOTION to Dismiss the Amended Class Action Complaint filed by KPMG LLP. (Attachments: # 1 Appendix of Exhibits)(USELTON, RUTH) Modified on 5/27/2011 (nd, ). (Entered: 05/26/2011)
05/26/2011 45 REPLY Memorandum of Law of Motion re 38 MOTION to Dismiss the Amended Complaint, Memorandum of Law, Proposed Order, and Certificate of Service filed by DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK, Certificate of service. (Attachments: # 1 Exhibit)(BILUS, ALEXANDER) Modified on 5/27/2011 (nd, ). (Entered: 05/26/2011)
06/07/2011 46 ORDER THAT ORAL ARGUMENT SHALL TAKE PLACE ON MONDAY, 8/15/2011 AT 11:30 A.M., IN COURTROOM 12A.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/7/2011. 6/8/2011 ENTERED AND COPIES MAILED, E-MAILED.(tomg, ) (Entered: 06/08/2011)
08/11/2011 47 NOTICE of Appearance by STEVEN B. FEIRSON on behalf of DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A.
ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK with Certificate of Service(FEIRSON, STEVEN) (Entered: 08/11/2011)
08/11/2011 48 EXHIBIT (Letter of Additional Authority) by KPMG LLP.. (Attachments: # 1 Exhibit Lehman opinion dated 07/27/11)(PARZEN, STANLEY) (Entered: 08/11/2011)
08/11/2011 49 ORDER IN CONSIDERATION OF THE MOTIONS HEARING SCHEDULED FOR MONDAY, AUGUST 15, 2011 AT 11:30 A.M., THE PARTIES ARE HEREBY DIRECTED TO PREPARE THE FOLLOWING ISSUES FOR ORAL ARGUMENT: 1) ARE THE ADVANTA DEFENDANT'S ALLEGED MISSTATEMENTS REGARDING ADVANTA'S METHOD FOR CALCULATING LOAN LOSS RESERVES FORWARD LOOKING, WHERE PLAINTIFFS ALLEGE THAT ADVANTA DID NOT CONFORM TO THE DISCLOSED METHODS, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/10/11. 8/12/11 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 08/12/2011)
08/12/2011 50 ORDER THAT UPON RECEIPT OF DEFENDANT KPMG LLP'S NOTICE OF SUPPLEMENTAL AUTHORITY, AND IN CONSIDERATION OF THE MOTIONS HEARING SCHEDULED FOR MONDAY, 8/15/2011 AT 11:30 A.M., THE PARTIES ARE DIRECTED TO ADDRESS IN RE LEHMAN BROTHERS SECURITIES & ERISA LITIGATION IN ORAL ARGUMENT, INCLUDING WHETHER ITS HOLDING PRETAINING TO AUDITOR OPINIONS IS SUPPORTED BY LAW BINDING ON THIS COURT.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/12/2011. 8/12/2011 ENTERED AND COPIES MAILED AND E-MAILED.(jmf, ) (Entered: 08/12/2011)
08/19/2011 51 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Motion Hearing held on 8/15/11 re 38 MOTION to Dismiss the Amended Complaint, Memorandum of Law, Proposed Order, and Certificate of Service filed by WILLIAM A. ROSOFF, DENNIS ALTER, OLAF OLAFFSON, MAX BOTEL, ROBERT S. BLANK, THOMAS COSTELLO, DAVID B. WEINSTOCK, DANA BECKER DUNN, ROBERT LUBNER, MICHAEL STOLPER, PHILIP M. BROWNE, 37 MOTION to Dismiss the Amended Class Action Complaint filed by KPMG LLP Court Reporter: E. PRATT. (rf, ) (Entered: 08/22/2011)
08/24/2011 52 NOTICE by KPMG LLP re 37 MOTION to Dismiss the Amended Class Action Complaint Letter of Additional Authority (Attachments: # 1 Supplement - Fait, v. Regions Financial Corporation)(PARZEN, STANLEY) (Entered: 08/24/2011)
08/24/2011 53 Response in Opposition re 52 Notice (Other) LETTER RESPONDING TO KPMG'S NOTICE OF NEW AUTHORITY by MARK SCHALLER, WILLIAM E. UNDERLAND. (LAUGHLIN, THOMAS) (Entered: 08/24/2011)
08/26/2011 54 LETTER IN SUPPORT OF KPMG'S NOTICE OF NEW AUTHORITY AND IN OPPOSITION TO PLAINTIFFS' RESPONSE by DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK re 52 Notice (Other), 53 Response (WYATT, SARAH) Modified on 8/29/2011 (lisad, ). (Entered: 08/26/2011)
08/26/2011 55 (Letter dated 8-26-11 to Judge Rufe) Re: KPMG LLP's August 24th submission of New Supplemental Authority by KPMG LLP. (PARZEN, STANLEY) Modified on 8/29/2011 (lisad, ). (Entered: 08/26/2011)
08/30/2011 56 TRANSCRIPT of held on 8/15/2011, before Judge CYNTHIA M. RUFE. Court Reporter/Transcriber ERICA PRATT. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/19/2011. Redacted Transcript Deadline set for 9/27/2011. Release of Transcript Restriction set for 11/25/2011. (kk, ) (Entered: 08/30/2011)
08/30/2011 57 Notice of Filing of Official Transcript with Certificate of Service re 56 Transcript - PDF, 8/30/2011 Entered and Copies Emailed and Mailed.. (kk, ) (Entered: 08/30/2011)
08/30/2011 58 Letter to the Honorable Cynthia M. Rufe re Response in Opposition re 54 Notice (Other), Notice (Other) LETTER IN RESPONSE TO AUG. 26 LETTERS FROM THE ADVANTA DEFENDANTS AND KPMG by MARK SCHALLER, WILLIAM E. UNDERLAND. (LAUGHLIN, THOMAS) Modified on 8/31/2011 (lisad, ). (Entered: 08/30/2011)
09/08/2011 Copy of NOTICE OF FILING OF OFFICIAL TRANSCRIPT dated 8/30/2011 and envelope returned from the U.S. Postal Service addressed to GEOFFREY M. JOHNSON for the following reason: NOT DELIVERABLE AS ADDRESSED, UNABLE TO FORWARD. (amas) (Entered: 09/08/2011)
09/09/2011 59 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/9/11. 9/12/11 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/12/2011)
09/09/2011 60 MEMORANDUM AND ORDER THAT THE ADVANTA DEFENDANTS MOTION TO DISMISS IS GRANTED IN PART AS OUTLINED HEREIN. KPMG LLPS MOTION TO DISMISS IS GRANTED. PLAINTIFFS ARE GRANTED LEAVE TO AMEND THEIR COMPLAINT ON OR BEFORE 10/9/11.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/9/11. 9/12/11 ENTERED AND COPIES EMAILED(rf, ) (Entered: 09/12/2011)
09/09/2011 AMENDED PLEADINGS DUE BY 10/9/2011. (rf, ) (Entered: 09/12/2011)
10/07/2011 61 SECOND AMENDED COMPLAINT against DENNIS ALTER, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, KPMG LLP, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK, filed by MARK SCHALLER, WILLIAM E. UNDERLAND., JURY TRIAL DEMAND (rf, ) (Main Document 61 replaced on 10/12/2011) (nd, ). Modified on 10/12/2011 (nd). (Entered: 10/07/2011)
10/07/2011 62 EXHIBIT:DECLARATION OF COLIN A. JOHNS IN SUPPORT OF PLAINTIFFS SECOND AMENDED COMPLAINT (DOC. 61) (rf, ) (Entered: 10/07/2011)
10/07/2011 63 APPLICATION FOR PRO HAC VICE ADMISSION OF ANNE L. BOX, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by WILLIAM E. UNDERLAND. (PPE051025-$40) (rf, ) (Entered: 10/11/2011)
10/12/2011 64 ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF ANNE L. BOX IS GRANTED AS OUTLINED HEREIN.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/12/11. 10/17/11 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 10/17/2011)
10/24/2011 65 Proposed Stipulated Scheduling Order by KPMG LLP, MARK SCHALLER, WILLIAM E. UNDERLAND. (PARZEN, STANLEY) (COPY FORWARDED TO JUDGE FOR
APPROVAL) Modified on 10/25/2011 (nd, ). (Entered: 10/24/2011)
10/26/2011 66 STIPULATION AND ORDER THAT KPMG'S MOTION(S) WITH RESPECT TO THE SECOND AMENDED COMPLAINT SHALL BE DUE 11/18/11. PLAINTIFFS BRIEF IN OPPOSITION SHALL BE DUE ON 12/19/11. KPMGS REPLY BRIEF SHALL BE DUE ON 1/17/12.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/26/11. 10/27/11 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 10/27/2011)
11/07/2011 67 SECOND PROPOSED STIPULATED SCHEDULING ORDER: THE INDIVIDUAL DEFENDANTS' MOTION(S) TO DISMISS THE SECOND AMENDED COMPLAINT SHALL BE DUE ON 11/18/2011; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/7/2011. 11/8/2011 ENTERED AND COPIES MAILED AND E-MAILED. (ems) (Entered: 11/08/2011)
11/09/2011 68 Joint MOTION for Extension of Time to File (JOINT MOTION TO EXTEND PLAINTIFFS TIME TO MOVE FOR CLASS CERTIFICATION) filed by MARK SCHALLER, WILLIAM E. UNDERLAND..(LAUGHLIN, THOMAS) (Entered: 11/09/2011)
11/18/2011 69 MOTION to Dismiss, MOTION to Stay re 61 Amended Complaint, filed by DENNIS ALTER, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK.Memorandum, Certificate of Service.(BILUS, ALEXANDER) Modified on 11/23/2011 (rf, ). (Entered: 11/21/2011)
11/18/2011 70 KPMG LLPS MOTION TO DISMISS THE SECOND AMENDED CLASS ACTION COMPLAINT, MEMORANDUM OF LAW IN SUPPORT, COMBINED APPENDIX OF EXHIBITS IN SUPPORT, CERTIFICATE OF SERVICE filed by KPMG LLP.. (Attachments: # 1 Text of Proposed Order, # 2 Appendix, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(rf, ) (Entered: 11/21/2011)
11/18/2011 71 KPMG LLPS MOTION TO STRIKE PLAINTIFFS DECLARATION OF COLIN A. JOHNS AND RELATED ALLEGATIONS IN PLAINTIFFS SECOND AMENDED CLASS ACTION COMPLAINT, COMBINED APPENDIX OF EXHIBITS, CERTIFICATE OF SERVICE filed by KPMG LLP.. (Attachments: # 1 Text of Proposed Order)(rf, ) (Additional attachment(s) added on 11/21/2011: # 2 APPENDIX COVER SHEET, # 3 EX 1, # 4 EX 2, # 5 EX 3, # 6 EX 4, # 7 EX 5, # 8 EX 6, # 9 EX 7, # 10 EX 8, # 11 EX 9, # 12 EX 10, # 13 EX 11, # 14 EX 12) (rf, ). (Entered: 11/21/2011)
11/22/2011 72 ORDER THAT DEFENDANTS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT IS DEEMED FILED AS OF 11/18/11. THE CLERK OF COURT IS DIRECTED TO CHANGE THE DATE OF FILING FOR DEFENDANTS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT FROM 11/21/11 TO 11/18/11.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/22/11. 11/23/11 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 11/23/2011)
12/16/2011 73 ORDER THAT A RULE 16 SCHEDULING CONFERENCE WILL BE HELD BY TELEPHONE ON 1/9/12 AT 10:00 AM. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/15/11. 12/19/11 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 12/19/2011)
12/19/2011 74 Memorandum of Law in Opposition re 71 MOTION to Strike, 70 MOTION to Dismiss
filed by MARK SCHALLER, WILLIAM E. UNDERLAND, Certificate of Service. (LAUGHLIN, THOMAS) Modified on 12/20/2011 (nd). (Entered: 12/19/2011)
12/19/2011 75 Memorandum of Law in Opposition re 69 MOTION to Stay re 61 Amended Complaint, MOTION to Dismiss MOTION to Stay re 61 Amended Complaint, filed by MARK SCHALLER, WILLIAM E. UNDERLAND, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (LAUGHLIN, THOMAS) Modified on 12/20/2011 (nd, ). (Entered: 12/19/2011)
12/29/2011 76 NOTICE of Appearance by DAVID W. ENGSTROM on behalf of DAVID B. WEINSTOCK with Certificate of Service(ENGSTROM, DAVID) (Entered: 12/29/2011)
12/29/2011 77 APPLICATION FOR PRO HAC VICE ADMISSION OF JOHN S. EDWARDS, JR., SPONSORS STATEMENT, CERTIFICATE OF SERVICE by DAVID B. WEINSTOCK. (PPE055424-$40) (rf, ) (Entered: 12/30/2011)
01/04/2012 78 APPLICATION FOR PRO HAC VICE ADMISSION OF WALLACE A. SHOWMAN, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by DAVID B. WEINSTOCK. (PPE055670-$40) (rf, ) (Entered: 01/04/2012)
01/04/2012 79 STATUS REPORT (Scheduling Information Report) by KPMG LLP. (Attachments: # 1 Appendix A)(PARZEN, STANLEY) (Entered: 01/04/2012)
01/09/2012 80 APPLICATION FOR PRO HAC VICE ADMISSION OF THOMAS R. AJAMIE, SPONSORS STATEMENT, CERTIFICATE OF SERVICE by DAVID B. WEINSTOCK. (PPE055874-$40) (rf, ) (Entered: 01/10/2012)
01/09/2012 81 ORDER THAT JOINT MOTION TO EXTEND PLAINTIFFS TIME TO MOVE FOR CLASS CERTIFICATION IS GRANTED. PLAINTIFFS CLASS CERTIFICATION MOTION SHALL BE DUE 90 DAYS FROM THE DATE THE COURT ENTERS ITS DECISION AND ORDER ON DEFENDANTS MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/9/12. 1/10/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 01/10/2012)
01/12/2012 82 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF THOMAS R. AJAMIE IS GRANTED.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/12/12. 1/13/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 01/13/2012)
01/12/2012 83 ORDER THAT SCHEDULING CONFERENCE SET FOR 1/23/2012 04:30 PM. PARTIES SHALL PROVIDE A WRITTEN JOINT STATUS REPORT TO THE COURT NO LATER THAN NOON ON 1/23/12. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/12/12. 1/13/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 01/13/2012)
01/17/2012 84 REPLY to Response to Motion re 70 MOTION to Dismiss filed by KPMG LLP. (PARZEN, STANLEY) (Entered: 01/17/2012)
01/17/2012 85 REPLY to Response to Motion re 69 MOTION to Stay re 61 Amended Complaint, MOTION to Dismiss filed by DENNIS ALTER, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK. (BILUS, ALEXANDER) (Entered: 01/17/2012)
01/20/2012 86 ORDER THAT THE APPLICATION OF WALLACE A. SHOWMAN FOR PRO HAC VICE ADMISSION IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/20/12. 1/23/12 ENTERED AND COPIES EMAILED.(rf, ) (Main Document 86 replaced on 1/23/2012) (rf, ). (Entered: 01/23/2012)
01/20/2012 87 ORDER THAT APPLICATION OF JOHN S. EDWARDS, JR FOR PRO HAC VICE ADMISSION IS GRANTED.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/20/12. 1/23/12 ENTERED AND COPIES MAILED, EMAILED.(rf, ) (Entered: 01/23/2012)
01/23/2012 88 MOTION for Leave to File Surreply in Further Opposition to the Motion of the Advanta Defendants to Dismiss the Second Amended Complaint, or in the Alternative, Stay the Case filed by MARK SCHALLER, WILLIAM E. UNDERLAND.Certificate of Service. (Attachments: # 1 (Proposed) Surreply, # 2 Exhibit A to Proposed Surreply)(LAUGHLIN, THOMAS) (Entered: 01/23/2012)
01/23/2012 89 ORDER THAT SCHEDULING CONFERENCE SET FOR 2/8/2012 11:30 AM SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/23/12. 1/23/12 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 01/23/2012)
01/25/2012 90 Statement (Letter to Court) by KPMG LLP. (PARZEN, STANLEY) (Entered: 01/25/2012)
02/06/2012 91 RESPONSE in Opposition re 88 MOTION for Leave to File Surreply in Further Opposition to the Motion of the Advanta Defendants to Dismiss the Second Amended Complaint, or in the Alternative, Stay the Case filed by DENNIS ALTER, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK. (BILUS, ALEXANDER) (Entered: 02/06/2012)
04/13/2012 92 ORDER THAT ALL DISCOVERY DISPUTES BETWEEN THE PARTIES TO THE ABOVE-CAPTIONED CASES ARE REFERRED TO CHIEF MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS FOR RESOLUTION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/13/12. 4/13/12 ENTERED AND MAILED AND E-MAILED.(sg) (Entered: 04/16/2012)
04/27/2012 93 ORDER THAT ORAL ARGUMENT ON ALL DISCOVERY DISPUTES WILL BE HELD ON 5/21/12 AT 10:30AM. PLAINTIFFS INITIAL SUBMISSION SHALL BE FILED, OF RECORD, ON OR BEFORE 5/4/12, THE REPLY IS DUE ON OR BEFORE 5/14/12, ANY RESPONSE TO THE REPLY SHALL BE FILED NO LATER THAN 5/17/12.. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 4/24/12. 4/27/12 ENTERED AND COPIES EMAILED (rf) (Entered: 04/27/2012)
04/27/2012 Set/Reset Hearings: Discovery Hearing set for 5/21/2012 10:30 AM before MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS. (rf, ) (Entered: 04/30/2012)
05/03/2012 94 ORDER THAT ORAL ARGUMENT ON ALL DISCOVERY DISPUTES WILL BE HELD ON 5/21/12 AT 10:30AM, ETC.. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 5/3/12. 5/3/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 05/03/2012)
05/09/2012 95 ORDER THAT DEFENDANTS MOTION FOR LEAVE TO FILE A SURREPLY (DOC. 88) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON
5/9/12. 5/10/12 ENTERED AND COPIES EMAILED.(rf, ) Modified on 5/16/2012 (afm, ). (VACATED PER ORDER #98) (Entered: 05/10/2012)
05/14/2012 96 NOTICE by KPMG LLP Response to The Brief of Nonparty FTI Consulting, Inc. (PARZEN, STANLEY) (Entered: 05/14/2012)
05/14/2012 97 NOTICE by DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK Response to Brief of Nonparty FTI Consulting, Inc. (BILUS, ALEXANDER) (Entered: 05/14/2012)
05/14/2012 98 ORDER THAT MOTION FOR LEAVE TO FILE A SURREPLY [DOC. NO. 88], IS GRANTED. THE CLERK OF COURT IS DIRECTED TO FILE PLAINTIFF'S PROPOSED SURREPLY [DOC. NO. 88,ATTACHMENTS 1 AND 2]. THIS COURTS ORDER DATED MAY 9, 2012 [DOC. NO. 95] IS VACATED SIGNED BY HONORABLE CYNTHIA M. RUFE ON 5/11/12. 5/15/12 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 05/15/2012)
05/14/2012 99 SURREPLY by MARK SCHALLER, WILLIAM E. UNDERLAND. (Attachments: # 1 EXHIBIT) (er, ) (Entered: 05/15/2012)
05/17/2012 100 ORDER THAT ORAL ARGUMENT SCHEDULED FOR 5/21/12 WILL BE POSTPONED.. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 5/16/12. 5/18/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 05/18/2012)
05/31/2012 101 Minute Entry for proceedings held before MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS: Telephone Conference held on 5/30/12. [fdc] (Entered: 05/31/2012)
05/31/2012 102 Minute Entry for proceedings held before MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS: Telephone Conference held on 5/30/12 (rf, ) (DUPLICATE ENTRY, ALREADY FILED AT DOC. 101) (Entered: 05/31/2012)
05/31/2012 103 ORDER THAT THE REQUEST OF NON-PARTY FTI CONSULTING, INC. FOR ALLOCATION OF COSTS IS GRANTED IN PART AND DENIED IN PART. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 5/31/12. 6/1/12 ENTERED AND COPIES EMAILED (Entered: 06/01/2012)
06/18/2012 104 ORDER THAT DEFENDANTS MOTION TO STRIKE PLAINTIFFS DECLARATION OF COLIN A JOHNS AND RELATED ALLEGATIONS (DOC. 71) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/18/12. 6/19/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 06/19/2012)
06/21/2012 105 ORDER THAT, ON OR BEFORE 7/9/12, THE PARTIES SHALL BRIEF THE QUESTION OF WHETHER GOOD CAUSE EXISTS TO JUSTIFY THE BROAD DISCOVERY PROTECTIVE ORDER THEY DESIRE. IT IS FURTHER ORDERED THAT, ON OR BEFORE 7/9/12, THE PARTIES SHALL BRIEF THE QUESTION OF WHETHER THE BROAD CONFIDENTIALITY PROTECTION SOUGHT IN PART 6 OF THE STIPULATED PROPOSED CONFIDENTIALITY AND PROTECTIVE ORDERS - CONCERNING DOCUMENTS FILED WITH THE COURT (TO WHICH THERE IS A PRESUMED RIGHT OF PUBLICE ACCESS) - IS LEGALLY AND FACTUALLY JUSTIFIED. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 6/21/12. 6/21/12 ENTERED & E-MAILED (rf) (Entered:
06/21/2012)
07/02/2012 106 NOTICE of Change of Address by DAVID W. ENGSTROM(ENGSTROM, DAVID) (Entered: 07/02/2012)
07/03/2012 107 MOTION for Extension of Time to File Response/Reply to Court's June 21, 2012 Order filed by DENNIS ALTER, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, KPMG LLP, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK.Certificate of Counsel.(BILUS, ALEXANDER) (Entered: 07/03/2012)
07/06/2012 108 ORDER THAT MOTIONS TO EXTEND THE DEADLINE TO RESPOND TO THIS COURTS JUNE 21 ORDER (DOC NO. 102 IN 09-4730, DOC. NO. 125 IN 09-4974, DOC. NO. 107 IN 10-3621) ARE GRANED. PARTIES SHALL FILE THEIR REQUIRED BRIEFS ON OR BEFORE 7/13/12.. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 7/6/12. 7/6/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 07/06/2012)
07/13/2012 109 Response re 105 Terminate Deadlines and Hearings, Order,,,, PLAINTIFFS' JOINT RESPONSE TO THE COURT'S JUNE 21, 2012 ORDER REGARDING THE PROPOSED PROTECTIVE ORDER by MARK SCHALLER, WILLIAM E. UNDERLAND. (LAUGHLIN, THOMAS) (Entered: 07/13/2012)
07/13/2012 110 Response re 105 Terminate Deadlines and Hearings, Order,,,, DEFENDANTS' JOINT RESPONSE TO THE COURT'S JUNE 21, 2012 ORDER REGARDING THE PROPOSED PROTECTIVE ORDER by DENNIS ALTER, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, KPMG LLP, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibits B-F, # 3 Exhibit Exhibit G) (BILUS, ALEXANDER) (Entered: 07/13/2012)
07/16/2012 111 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/16/12. 7/17/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 07/17/2012)
07/16/2012 112 MEMORANDUM AND ORDER THAT ADVANTA DEFENDANTS MOTION TO DISMISS IS DENIED. KPMG'S MOTION TO DISMISS IS DENIED.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/16/12. 7/17/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 07/17/2012)
07/17/2012 113 STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER AS OUTLINED HEREIN.. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 7/17/12. 7/17/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 07/17/2012)
07/26/2012 114 STIPULATION Joint Stipulation for Extension of Time for the Advanta Defendants to Answer the Second Amended Complaint by DENNIS ALTER, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MARK SCHALLER, MICHAEL STOLPER, WILLIAM E. UNDERLAND, DAVID B. WEINSTOCK. (BILUS, ALEXANDER) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 7/27/2012 (nd, ). (Entered: 07/26/2012)
07/30/2012 115 MOTION for Reconsideration of Order Denying Motion to Dismiss or, in the Alternative, to Certify Order Under 28 USC 1292(b) filed by KPMG LLP.Memorandum and Certificate of Service. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of
Proposed Order, # 4 Text of Proposed Order [Alternative])(PARZEN, STANLEY) (Entered: 07/30/2012)
07/30/2012 116 STIPULATION AND ORDER THAT ADVANTA DEFENDANTS HAVE UNTIL 8/29/12 TO ANSWER PLAINTIFFS 2ND AMENDED COMPLAINT.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/30/12. 7/31/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 07/31/2012)
07/31/2012 117 Statement (Letter to Court) by KPMG LLP. (PARZEN, STANLEY) (Entered: 07/31/2012)
08/02/2012 118 STIPULATION and Order to Extend Plaintiffs' Time to File Their Opposition Brief by 14 Days by MARK SCHALLER, WILLIAM E. UNDERLAND. (LAUGHLIN, THOMAS) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 8/3/2012 (nd, ). (Entered: 08/02/2012)
08/06/2012 119 STIPULATION AND ORDER EXTENDING PLAINTIFFS' TIME TO FILE THEIR OPPOSITION BRIEF BY 14 DAYS. PLAINTIFFS HAVE UNTIL 8/30/12 TO FILE THEIR OPPOSITION BRIEF. DEFENDANTS REPLY BRIEFS WILL BE DUE ON 9/18/12.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/6/12. 8/6/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 08/06/2012)
08/06/2012 Set/Reset Deadlines as to 115 MOTION for Reconsideration of Order Denying Motion to Dismiss or, in the Alternative, to Certify Order Under 28 USC 1292(b). RESPONSES DUE BY 8/30/2012. (rf, ) (Entered: 08/07/2012)
08/27/2012 120 APPLICATION FOR PRO HAC VICE ADMISSION OF DEBORHA CLARK-WEINTRAUB, SPONSORS STATEMENT, CERTIFICATE by MARK SCHALLER, WILLIAM E. UNDERLAND. (PPE068534-$40) (rf, ) (Entered: 08/27/2012)
08/29/2012 121 ANSWER to 61 Amended Complaint, by DAVID B. WEINSTOCK.(ENGSTROM, DAVID) (Entered: 08/29/2012)
08/29/2012 122 Defendant Dennis Alter's ANSWER to 61 Amended Complaint, by DENNIS ALTER.(BILUS, ALEXANDER) (Entered: 08/29/2012)
08/29/2012 123 Defendant Max Botel's ANSWER to 61 Amended Complaint, by MAX BOTEL.(BILUS, ALEXANDER) (Entered: 08/29/2012)
08/29/2012 124 Defendant Philip Browne's ANSWER to 61 Amended Complaint, by PHILIP M. BROWNE.(BILUS, ALEXANDER) (Entered: 08/29/2012)
08/29/2012 125 Defendant Thomas Costello's ANSWER to 61 Amended Complaint, by THOMAS COSTELLO.(BILUS, ALEXANDER) (Entered: 08/29/2012)
08/29/2012 126 Defendant Dana Becker Dunn's ANSWER to 61 Amended Complaint, by DANA BECKER DUNN.(BILUS, ALEXANDER) (Entered: 08/29/2012)
08/29/2012 127 Defendant Ronald Lubner's ANSWER to 61 Amended Complaint, by ROBERT LUBNER.(BILUS, ALEXANDER) (Entered: 08/29/2012)
08/29/2012 128 Defendant Olaf Olafsson's ANSWER to 61 Amended Complaint, by OLAF OLAFFSON.(BILUS, ALEXANDER) (Entered: 08/29/2012)
08/29/2012 129 Defendant William A. Rosoff's ANSWER to 61 Amended Complaint, by WILLIAM A. ROSOFF.(BILUS, ALEXANDER) (Entered: 08/29/2012)
08/29/2012 130 Defendant Michael Stolper's ANSWER to 61 Amended Complaint, by MICHAEL STOLPER.(BILUS, ALEXANDER) (Entered: 08/29/2012)
08/30/2012 131 RESPONSE in Opposition re 115 MOTION for Reconsideration of Order Denying Motion to Dismiss or, in the Alternative, to Certify Order Under 28 USC 1292(b) filed by MARK SCHALLER, WILLIAM E. UNDERLAND. (LAUGHLIN, THOMAS) (Entered: 08/30/2012)
09/04/2012 132 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF DEBORAH CLARK-WEINTRAUB IS GRANTED.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/4/12. 9/4/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/04/2012)
09/10/2012 133 ORDER THAT A DISCOVERY STATUS AND SCHEDULING CONFERENCE SET FOR 9/18/2012 02:30 PM. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/7/12. 9/10/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/10/2012)
09/10/2012 134 Joint MOTION for Extension of Time to File (JOINT MOTION TO EXTEND PLAINTIFFS' TIME TO MOVE FOR CLASS CERTIFICATION) filed by DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, KPMG LLP, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MARK SCHALLER, MICHAEL STOLPER, WILLIAM E. UNDERLAND, DAVID B. WEINSTOCK.Certificate of Service. (Attachments: # 1 Text of Proposed Order (Exhibit A - Proposed Order))(LAUGHLIN, THOMAS) (Entered: 09/10/2012)
09/11/2012 135 ORDER THAT TIME FOR PLAINTIFFS TO MOVE FOR CLASS CERTIFICATION IS EXTENDED FROM 10/15/12 TO A DATE 90 DAYS FROM THE DATE THE COURT ENTERS ORDER ON KPMG LLPS MOTION TO RECONSIDER ORDER DENYING MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO CERTIFY ORDER UNDER 28 U.S.C. 1292(b). SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/10/12. 9/12/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/12/2012)
09/12/2012 136 NOTICE of Appearance by CHRISTOPHER L. NELSON on behalf of WILLIAM E. UNDERLAND with Certificate of Service(CIARLANTO, JEFFREY) (Entered: 09/12/2012)
09/18/2012 137 Reply Memorandum in Support of its 115 MOTION to Reconsider Order Denying Motion to Dismiss or, in the Alternative, to Certify Order Under 28 USC 1292(b) filed by KPMG LLP., Certificate of Service. (PARZEN, STANLEY) (ENTRY IS STRICKEN PER MEMORANDUM AND ORDER FROM 9/18/12, DOCS. 138 & 139) Modified on 9/19/2012 (fh) (Entered: 09/18/2012)
09/18/2012 138 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/18/12. 9/18/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/18/2012)
09/18/2012 139 MEMORANDUM AND ORDER THAT KPMG'S MOTION TO RECONSIDER IS DENIED. KPMG'S ALTERNATIVE MOTION TO CERTIFY ORDER UNDER 28 U.S.C. 1292(b) IS DENIED. THE REPLY FILED ON THIS DATE (DOC. 137) IS STRICKEN AS UNTIMELY AND WITHOUT PERMISSION.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/18/12. 9/18/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/18/2012)
09/18/2012 140 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Telephone Conference held on 9/18/12 (rf, ) (Entered: 09/19/2012)
09/19/2012 141 NOTICE of Change of Address by THOMAS LAUGHLIN,Certificate of Service.(LAUGHLIN, THOMAS) Modified on 9/20/2012 (fh) (Entered: 09/19/2012)
09/19/2012 142 ORDER THAT KPMG'S MOTION TO RECONSIDER IS DENIED. KPMG'S ALTERNATIVE MOTION TO CERTIFY ORDER UNDER 28 U.S.C. 1292(b) IS DENIED.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/19/12. 9/20/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/20/2012)
09/28/2012 143 MOTION for Extension of Time to File Answer re 61 Amended Complaint, (Unopposed) filed by KPMG LLP.Certificate of Service. (Attachments: # 1 Exhibit A - Proposed Order)(PARZEN, STANLEY) (Entered: 09/28/2012)
10/25/2012 144 ANSWER to 61 Amended Complaint, by KPMG LLP.(KAHN, GEOFFREY) (Entered: 10/25/2012)
11/06/2012 145 ORDER THAT THE COURT HEREBY APPOINTS DAVID H. MARION, ESQ. AS SPECIAL DISCOVERY MASTER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/6/12. 11/7/12 ENTERED & E-MAILED.[fdc] (Entered: 11/07/2012)
11/27/2012 146 NOTICE of Withdrawal of Appearance by STANLEY J. PARZEN on behalf of KPMG LLP. Certificate of Service. (PARZEN, STANLEY) Modified on 11/28/2012 (lisad, ). (Entered: 11/27/2012)
12/11/2012 147 NOTICE of Change of Address by DAVID W. ENGSTROM(ENGSTROM, DAVID) (Entered: 12/11/2012)
12/13/2012 148 ORDER THAT TIME FOR KPMG LLP TO ANSWER THE SECOND AMENDED CLASS ACTION COMPLAINT IS EXTENDED FROM 10/4/12 UNTIL 10/25/12.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/13/12. 12/17/12 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 12/17/2012)
12/17/2012 149 MOTION to Certify Class and to Appoint Class Representatives and Class Counsel filed by MARK SCHALLER, WILLIAM E. UNDERLAND. Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Declaration of Thomas L. Laughlin IV, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, Text of Proposed Order, # 8 Declaration of Mark Schaller)(LAUGHLIN, THOMAS) Modified on 12/18/2012 (lisad, ). (Entered: 12/17/2012)
01/22/2013 150 STIPULATED AMENDMENT AND ORDER REGARDING CONFIDENTIALITY. CERTIFICATE OF SERVICE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/18/2013. 1/23/2013 ENTERED AND COPIES E-MAILED. (aeg, ) Modified on 1/23/2013 (aeg, ). (Entered: 01/23/2013)
01/28/2013 151 APPLICATION for Pro Hac Vice Admission of John T. Jasnoch and Sponsor's Statement filed by WILLIAM E. UNDERLAND.Certificate of Service.(NELSON, CHRISTOPHER) Modified on 1/29/2013 (lisad, ). (Entered: 01/28/2013)
01/29/2013 152 Report Of Special Discovery Master's Decision and Recommendation No. 1 by DAVID H. MARION. (MARION, DAVID) (Entered: 01/29/2013)
01/29/2013 153 Report Of Special Discovery Master's Decision and Recommendation No.2 by DAVID H. MARION. (MARION, DAVID) (Entered: 01/29/2013)
01/29/2013 154 APPLICATION for Pro Hac Vice Admission of John T. Jasnoch and Sponsor's Statement filed by WILLIAM E. UNDERLAND.Certificate of Service.(NELSON, CHRISTOPHER) Modified on 1/30/2013 (lisad, ). (PPE076127-$40) (Entered: 01/29/2013)
01/30/2013 155 SPECIAL DISCOVERY MASTER'S DECISION AND RECOMMENDATION NO. 1: EXPERT DISCOVERY DUE 2/22/13, ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/29/13. 1/30/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 01/30/2013)
01/31/2013 156 ORDER THAT THE APPLICATION OF JOHN T. JASNOCH FOR PRO HAC VICE ADMISSION IS GRANTED.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/30/13. 2/1/13 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 02/01/2013)
02/06/2013 157 SPECIAL DISCOVERY MASTERS DECISION AND RECOMMENDATION NO. 2. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/6/13. 2/7/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 02/07/2013)
02/20/2013 158 APPLICATION FOR APPROVAL OF FEES AND COSTS FROM 9/1/12 to 1/31/13 by DAVID H. MARION, Memorandum, Certificate of Service. (MARION, DAVID) Modified on 2/21/2013 (md). (Entered: 02/20/2013)
03/08/2013 159 ORDER THAT ON OR BEFORE 3/22/13, FTI SHALL PROVIDE THE COURT WITH A DETAILED ITEMIZATION OF ALL ATTORNEYS FEES IT HAS INCURRED THAT IT BELIEVES CAN BE REIMBURSED PURSUANT TO PARAGRAPH 2 OF THIS COURTS 5/31/12 ORDER. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 3/8/13. 3/8/13 ENTERED AND COPIES EMAILED(rf, ) (Entered: 03/08/2013)
03/14/2013 160 SECOND AMENDMENT TO STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/14/13. 3/14/13 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered: 03/14/2013)
03/15/2013 161 ORDER THAT THE APPLICATION OF SPECIAL DISCOVERY MASTER DAVID H. MARION, ESQUIRE FOR APPROVAL OF FEES AND COSTS INCURRED FROM 9/1/12 THROUGH 1/31/13 IS GRANTED AND PAYMENT OF THE INVOICES SUBMITTED WITH THE APPLICATION IS APPROVED CONSISTENT WITH THE SPECIAL MASTER'S RECOMMENDATION FOR ALLOCATION OF PAYMENT; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/14/13. 3/18/13 ENTERED AND E-MAILED.(jl, ) (Entered: 03/18/2013)
03/25/2013 162 Report Of SPECIAL MASTER'S REPORT AND RECOMMENDED ORDER #3 by DAVID H. MARION. (MARION, DAVID) (Entered: 03/25/2013)
03/28/2013 163 ORDER THAT THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE. CASE CANNOT PROCEED TO TRIAL AND DISPOSITION BECAUSE THE CASE IS CONSOLIDATED WITH THREE OTHER CASES AND ALL WILL BE PLACED IN STAY AND SUSPENSE PENDING MEDIATION AS AGREED BETWEEN THE PARTIES. SEE SEPARATE ORDER FILED CONCURRENTLY WITH THIS ORDER. FURTHER ORDERED THAT COURT SHALL RETAIN JURISDICTION.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/28/13.
3/28/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 03/28/2013)
03/28/2013 164 ORDER THAT FTIS REQUEST FOR ADDITIONAL ATTORNEYS FEES IS GRANTED; AND PARAGRAPH 2, SENTENCE 2 OF THE COURTS MAY 31, 2012 ORDER IS AMENDED TO READ: ONCE THE PARTIES HAVE REIMBURSED FTI $40,000 FOR THIS CATEGORY OF COSTS, IF ADDITIONAL DISCOVERY IS REQUIRED, FTI MAY PETITION THE COURT FOR ADDITIONAL REIMBURSEMENT FOR THIS CATEGORY.. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 3/26/13. 3/28/13 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 03/29/2013)
03/28/2013 165 ORDER AS FOLLOWS THAT, A. STAY PENDING MEDIATION 1. EXCEPT AS EXPRESSLY SET FORTH BELOW, ALL MOTION PRACTICE AND DISCOVERY PROCEEDINGS SHALL BE STAYED UNTIL JUNE I, 2013. 2. NO NEW INTERROGATORIES, DOCUMENTS REQUESTS OR REQUESTS FOR ADMISSIONS SHALL BE SERVED, AND NO DEPOSITIONS SCHEDULED BEFORE JUNE 1, 2013 EXCEPT AS SET FORTH BELOW. 3. ALL DOCUMENT PRODUCTION SHALL CONTINUE AS PREVIOUSLY SCHEDULED, EXCEPT AS EXPRESSLY SET FORTH BELOW. IN THE INTEREST OF FAIRNESS, TO ENHANCE THE PROSPECTS FOR SUCCESSFUL MEDIATION, AND IN RECOGNITION OF THE INVESTMENTS OF TIME AND EXPENSE ALREADY MADE, THE DOCUMENTS -- PARTICULARLY FROM FDIC AND FTI -- SHALL BE PRODUCED TO PLAINTIFFS AS SOON AS POSSIBLE. 4. KPMG SHALL PRODUCE NO LATER THAN APRI125, 2013 ALL ADVANTA WORK PAPERS FOR 2008 AS REQUESTED BY THE '33 ACT CASE PLAINTIFFS. HOWEVER, TO REDUCE CURRENT EXPENSE, KPMG MAY RESERVE ALL CLAIMS OF PRIVILEGE, AND WORK PRODUCT WITHOUT PREJUDICE, NOTWITHSTANDING THAT THE DOCUMENTS WILL ALREADY HAVE BEEN PRODUCED. B. ADVANTA DOCUMENTS IN THE POSSESSION OF DEFENDANT ALTER 1. THE 2.5 TERABYTES OF DOCUMENTS RECENTLY DISCLOSED TO HAVE BEEN IN MR. ALTER'S POSSESSION SHALL BE PRODUCED TO PLAINTIFFS ON OR BEFORE APRIL 25,2013. DEFENDANT ALTER MAY COMPLETE, WITHIN THIS DEADLINE, A PRIVILEGE, CONFIDENTIALITY, AND RESPONSIVENESS REVIEW. PLAINTIFFS WILL SHARE WITH DEFENDANT'S COUNSEL THE SEARCH TERMS THEY WILL APPLY TO SUCH DOCUMENTS. 2. DEFENDANT ALTER SHALL APPEAR FOR HIS DEPOSITION ON OR BEFORE MAY 10, 2013. THAT DEPOSITION WILL BE LIMITED TO FOUR HOURS (EXCLUSIVE OF BREAKS, COUNSEL DISCUSSIONS OR OBJECTIONS, AND RECESSES) AND LIMITED TO MATTERS RELATING TO THE EXISTENCE, CIRCUMSTANCES SURROUNDING AND CONTENTS OF THE DOCUMENTS REFERRED TO IN B. 1. 3. ANY MOTION OR PROCEEDINGS RELATING TO CLAIMS FOR SANCTIONS IN CONNECTION WITH B.L AND B.2 SHALL BE DEFERRED UNTIL JUNE 1,2013. C. MARKET EFFICIENCY DISCOVERY 1. PLAINTIFFS HAVE AN EXPERT ON THIS SUBJECT WHOSE REPORT HAS BEEN FILED AND WHOM DEFENDANTS WISH TO DEPOSE. DEFENDANTS HAVE RETAINED NO EXPERT AND HAVE RESISTED PLAINTIFFS' REQUESTS FOR ANY ELABORATION OF THE GROUNDS ON WHICH THEY EXPECT TO CONTEST THE EFFICIENCY OF THE MARKET FOR ADVANTA STOCK. 2. ON OR BEFORE APRIL 15,2013, DEFENDANTS SHALL CONSULT THEIR RESPECTIVE CLIENTS AND INFORM PLAINTIFFS IN GOOD FAITH IN WRITING OF ALL GROUNDS KNOWN TO
DEFENDANTS FOR CHALLENGING THE EFFICIENCY OF THE MARKET FOR ADVANTA STOCK. DEFENDANTS WILL HAVE THE RIGHT TO AMEND OR SUPPLEMENT THEIR GROUNDS FOR CHALLENGE, IF ANY, THEREAFTER. 3. UPON DEFENDANTS' COMPLIANCE WITH C2, PLAINTIFFS' SHALL PRODUCE THEIR EXPERT FOR DEPOSITION ON OR BEFORE MAY 10, 2013. THAT DEPOSITION WILL BE LIMITED TO 4 HOURS (EXCLUSIVE OF BREAKS, COUNSEL DISCUSSIONS OR OBJECTIONS, AND RECESSES) AND LIMITED TO MATTERS SET FORTH IN THE EXPERT'S REPORT AND THE DEFENDANTS' GROUNDS FOR CHALLENGE AS PER C.2.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/28/13. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment) 3/29/13 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 03/29/2013)
04/24/2013 166 Report Of Special Master's Report and Recommended Order No.4 by DAVID H. MARION. (MARION, DAVID) (Entered: 04/24/2013)
04/25/2013 167 Report Of Special Master's Amended Report and Recommnended Order NO 4 by DAVID H. MARION. (MARION, DAVID) (Entered: 04/25/2013)
05/20/2013 168 SPECIAL MASTER'S AMENDED REPORT AND RECOMMENDED ORDER NO.4. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 5/20/13. 5/21/13 ENTERED & E-MAILED.(fdc) (Entered: 05/21/2013)
06/25/2013 169 Report Of Special Master's Report and Recommended Order #5 by DAVID H. MARION. (MARION, DAVID) (Entered: 06/25/2013)
06/26/2013 170 Report Of Special Master's Report and Amended Recommended Order #5 by DAVID H. MARION. (MARION, DAVID) (Entered: 06/26/2013)
07/10/2013 171 Objections by DENNIS ALTER re 170 Report Of Special Master's Report and Amended Recommended Order #5. (BILUS, ALEXANDER) (Entered: 07/10/2013)
07/19/2013 172 Response re 171 Objections Plaintiffs' Response to Dennis Alter's Objection to the Special Discovery Master's Report and Amended Recommended Order #5 by MARK SCHALLER, WILLIAM E. UNDERLAND. (Attachments: # 1 Exhibit A - Dechert Letter, # 2 Exhibit B - LDiscovery Report excerpt) (BRITTON, DOUGLAS) (Entered: 07/19/2013)
07/26/2013 173 MOTION for Leave to File Reply in Support of Defendant's Objection to the Special Discovery Master's Report and Amended Recommended Order #5 filed by DENNIS ALTER.Certificate of Service. (Attachments: # 1 Exhibit A)(BILUS, ALEXANDER) (Entered: 07/26/2013)
07/29/2013 174 NOTICE of Appearance by STUART T. STEINBERG on behalf of DENNIS ALTER, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER with Certificate of Service(STEINBERG, STUART) (Entered: 07/29/2013)
07/29/2013 175 Report Of SPECIAL MASTER'S REPORT AND RECOMMENDED ORDER NO. 06 by DAVID H. MARION. (MARION, DAVID) (Entered: 07/29/2013)
07/29/2013 176 ORDER THAT DEFENDANT DENNIS ALTERS MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF DEFENDANTS OBJECTION IS GRANTED. THE REPLY BRIEF ATTACHED AS EXHIBIT A TO THE MOTION IS DEEMED FILED AS OF THE DATE OF THIS ORDER.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/29/13. 7/30/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 07/30/2013)
07/29/2013 177 DEFENDANT DENNIS ALTERS REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS OBJECTION TO THE SPECIAL DISCOVERY MASTERS REPORT AND AMENDED RECOMMENDED ORDER #5, EXHIBITS(rf, ) (Entered: 07/30/2013)
07/30/2013 178 APPLICATION FOR APPROVAL OF FEES AND COSTS by DAVID H. MARION. (MARION, DAVID) Modified on 7/31/2013 (md). (Entered: 07/30/2013)
08/22/2013 179 ORDER THAT THE APPLICATION IS GRANTED AND PAYMENT OF THE INVOICES SUBMITTED WITH THE APPLICATION IS APPROVED CONSISTENT WITH THE SPECIAL MASTERS RECOMMENDATION FOR ALLOCATION OF PAYMENT.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/22/13. 8/23/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 08/23/2013)
08/22/2013 180 ORDER GRANTING SPECIAL MASTER'S REPORT AND RECOMMENDATION ORDER NO. 6. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/22/13. 8/23/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 08/23/2013)
09/06/2013 181 ORDER THAT THE AMENDED FIFTH R&R IS APPROVED AND ADOPTED IN SUBSTANTIAL PART AS OUTLINED HEREIN: DEFENDANT ALTER MUST PROVIDE THE ORIGINAL ALTER HARD DRIVE TO LDISCOVERY NO LATER THAN 9/13/13, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/6/13. 9/9/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/09/2013)
09/11/2013 182 STIPULATION and Proposed Order by DENNIS ALTER, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER. (BILUS, ALEXANDER) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 9/11/2013 (nd, ). (Entered: 09/11/2013)
09/11/2013 183 Emergency MOTION for Clarification filed by DENNIS ALTER.Certificate of Service.(BILUS, ALEXANDER) (Entered: 09/11/2013)
09/11/2013 184 ORDER THAT A STATUS CONFERENCE IS SET FOR 9/24/2013 AT 02:00 PM IN COURTROOM 12A BEFORE HONORABLE CYNTHIA M. RUFE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/11/2013. 9/12/2013 ENTERED AND COPIES E-MAILED.(jmg, ) (Entered: 09/12/2013)
09/11/2013 185 STIPULATION AND ORDER THAT DEFENDANTS SHALL FILE A JOINT OPPOSITION TO THE MOTION FOR CLASS CERTIFICATION NO LATER THAN 9/20/13. PLAINTIFFS SHALL FILE A JOINT REPLY IN SUPPORT OF MOTION NO LATER THAN 10/21/13, ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/11/13. 9/12/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/12/2013)
09/11/2013 Set/Reset Hearings: STATUS CONFERENCE SET FOR 9/24/2013 AT 2:00 PM IN COURTROOM BEFORE HONORABLE CYNTHIA M. RUFE. (md) (Entered: 09/16/2013)
09/16/2013 186 ORDER THAT DEFENDANT DENNIS ALTER'S EMERGENCY MOTION FOR CLARIFICATION IS DISMISSED AS WITHDRAWN.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/16/13. 9/16/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/16/2013)
09/20/2013 187 DEFENDANTS' MOTION TO DISQUALIFY LEAD PLAINTIFFS, EXHIBITS (FILED UNDER SEAL) filed by DENNIS ALTER, MAX BOTEL, PHILIP M.
BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK..(rf, ) (Entered: 09/23/2013)
09/20/2013 188 DEFENDANTS' JOINT OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION TO APPOINT CLASS REPRESENTATIVES AND TO APPOINT CLASS COUNSEL, EXHIBITS (FILED UNDER SEAL) by DENNIS ALTER, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER, DAVID B. WEINSTOCK. (rf, ) (Entered: 09/23/2013)
09/25/2013 189 ORDER THAT ABOVE CAPTIONED CASES ARE CONSOLIDATED FOR PURPOSES OF DISCOVERY ONLY. THE MOTION TO STAY (13-3361, DOC. 11) IS DENIED WITHOUT PREJUDICE, ETC. THE PARTIES AND SPECIAL DISCOVERY MASTER DAVID MARION, ESQ ARE DIRECTED TO MEET AND CONFER FORTHWITH REGARDING A SCHEDULE TO GOVERN DISCOVERY IN THE ABOVE CAPTIONED CASES, AND SHALL PROVIDE THE COURT WITH A STIPULATED PROPOSED ORDER TO GOVERN THE CASES NO LATER THAN 10/1/13.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/24/13. 9/26/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/26/2013)
09/26/2013 190 JOINT STIPULATION and Proposed Order by WILLIAM E. UNDERLAND. (NELSON, CHRISTOPHER) (FILED IN ERROR; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 9/27/2013 (md). (Entered: 09/26/2013)
09/27/2013 191 STIPULATION AND ORDER THAT PLAINTIFFS REPLY IN SUPPORT OF THE MOTION FOR CLASS CERTIFICATION AND PLAINTIFFS RESPONSE IN OPPOSITION TO MOTION TO DISQUALIFY ARE BOTH DUE ON 10/21/13. DEFENDANTS REPLY IN SUPPORT OF MOTION TO DISQUALIFY IS DUE ON 11/4/13. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/27/13. 9/30/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/30/2013)
09/27/2013 Set/Reset Deadlines as to 149 MOTION to Certify Class and to Appoint Class Representatives and Class Counsel. REPLIES DUE BY 10/21/2013. (rf, ) (Entered: 09/30/2013)
10/01/2013 192 TRANSCRIPT of Status Conference held on 9/24/13, before Judge RUFE. Court Reporter/Transcriber E. PRATT. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/22/2013. Redacted Transcript Deadline set for 11/1/2013. Release of Transcript Restriction set for 12/30/2013. (rf, ) (Entered: 10/02/2013)
10/01/2013 193 Notice of Filing of Official Transcript with Certificate of Service re 192 Transcript - PDF, 10/1/13 Entered and Copies Emailed and Mailed.. (rf, ) (Entered: 10/02/2013)
10/04/2013 194 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Status Conference held on 9/24/13. Court Reporter: E. PRATT. (rf, ) (Entered: 10/04/2013)
10/04/2013 195 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Preliminary Approval Hearing held on 9/24/13. Court Reporter: E. PRATT. (rf, ) (Entered: 10/04/2013)
10/04/2013 196 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Preliminary Approval Hearing held on 9/24/13. Court Reporter: Erica Pratt. (ti, )
(Entered: 10/04/2013)
10/04/2013 197 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Status Conference held on 9/24/13. (fdc, ) (Entered: 10/04/2013)
10/04/2013 198 SCHEDULING STIPULATION AND ORDER AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/4/13. 10/7/13 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 10/07/2013)
10/07/2013 199 STATUS REPORT Joint Status Report of the Parties by DENNIS ALTER, ROBERT S. BLANK, MAX BOTEL, PHILIP M. BROWNE, THOMAS COSTELLO, DANA BECKER DUNN, ROBERT LUBNER, OLAF OLAFFSON, WILLIAM A. ROSOFF, MICHAEL STOLPER. (STANOCH, DAVID) (Entered: 10/07/2013)
10/21/2013 200 REPLY in Further Support re 149 MOTION to Certify Class and to Appoint Class Representatives and Class Counsel, 187 MOTION to Disqualify filed by MARK SCHALLER, WILLIAM E. UNDERLAND. Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(LAUGHLIN, THOMAS) Modified on 10/22/2013 (lisad, ). (Entered: 10/21/2013)
01/16/2014 201 APPLICATION/PETITION FOR APPROVAL OF FEES AND COSTS INCURRED FROM JULY 1, 2013 THROUGH DECEMBER 31, 2013 by DAVID H. MARION. (MARION, DAVID) (Entered: 01/16/2014)
02/06/2014 202 MOTION for Approval Preliminary Approval of Class Action Settlement filed by MARK SCHALLER, WILLIAM E. UNDERLAND.Memorandum; Declaration. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Exhibit A, # 4 Text of Proposed Order)(LAUGHLIN, THOMAS) (Entered: 02/06/2014)
02/07/2014 203 Memorandum of Law re 202 MOTION for Approval Preliminary Approval of Class Action Settlement CORRECTED filed by MARK SCHALLER, WILLIAM E. UNDERLAND. (LAUGHLIN, THOMAS) (Entered: 02/07/2014)
02/10/2014 204 ORDER THAT APPLICATION OF SPECIAL MASTER FOR APPROVAL OF FEES IS GRANTED AND PAYMENT OF THE INVOICES SUBMITTED WITH THE APPLICATION IS APPROVED CONSISTENT WITH THE SPECIAL MASTERS RECOMMENDATION FOR ALLOCATION OF PAYMENT. THE PARTIES ARE ORDERED TO MAKE PAYMENT DIRECTLY TO THE SPECIAL DISCOVERY MASTER WITHIN 30 DAYS OF THIS ORDER.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/10/14. 2/10/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 02/10/2014)
02/19/2014 205 ORDER THAT PLAINTIFFS MOTION TO CERTIFY A CLASS (DOC. 149) AND DEFENDANTS MOTION TO DISQUALIFY (DOC. 187) ARE DISMISSED WITHOUT PREJUDICE AS MOOT.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/19/14. 2/19/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 02/19/2014)
02/20/2014 206 ORDER THAT A HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT SET FOR 4/21/2014 10:30 AM BEFORE HONORABLE CYNTHIA M. RUFE.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/20/14. 2/20/14 ENTERED AND COPIES E-MAILED.(dp, ) (Entered: 02/20/2014)
02/24/2014 Set/Reset Deadlines as to 202 MOTION for Approval Preliminary Approval of Class
Action Settlement. MOTION HEARING SET FOR 4/21/2014 10:30 AM BEFORE HONORABLE CYNTHIA M. RUFE. (dp, ) (Entered: 02/24/2014)
03/10/2014 207 ORDER THAT MOTION HEARING SET FOR 3/28/2014 10:30 AM AS OUTLINED HEREIN.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/10/14. 3/11/14 ENTERED AND COPIES EMAILED.(rf, ) Modified on 3/12/2014 (afm, ).(VACATED PER ORDER 8 ) (Entered: 03/11/2014)
03/11/2014 208 ORDER THAT COURTS MARCH 10,2014 ORDER (DOC. 207) IS VACATED AS IT WAS FILED IN ERROR. MOTION HEARING SET FOR 4/21/2014 10:30 AM. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/11/14. 3/11/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 03/11/2014)
04/21/2014 209 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Motion Hearing held on 4/21/14 re 202 MOTION for Approval Preliminary Approval of Class Action Settlement filed by MARK SCHALLER, WILLIAM E. UNDERLAND Court Reporter: I. GOLDSHTEYN. (rf, ) (Entered: 04/21/2014)
04/21/2014 211 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Motion Hearing held on 4/21/14 re 183 Emergency MOTION for Clarification filed by DENNIS ALTER Court Reporter: I. GOLDSHTEYN. (rf, ) (Entered: 04/22/2014)
04/22/2014 210 ORDER PRELIMINARILY APPROVING SETTLEMENT AND CONFIRMING FINAL SETTLEMENT HEARING. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/21/14. 4/22/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 04/22/2014)
05/14/2014 212 TRANSCRIPT of Status Conference held on 4/21/14, before Judge Rufe. Court Reporter/Transcriber Transcribers Limited. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/4/2014. Redacted Transcript Deadline set for 6/16/2014. Release of Transcript Restriction set for 8/12/2014. (fdc) (Entered: 05/14/2014)
05/14/2014 213 Notice of Filing of Official Transcript with Certificate of Service re 212 Transcript - PDF, 5/14/14 Entered and Copies Emailed. (fdc) (Entered: 05/14/2014)
05/28/2014 214 REPORT and APPLICATION For Approval of Fees and Costs Incurred from January 1, 2014 through April 30, 2014 by DAVID H. MARION. (MARION, DAVID) Modified on 5/29/2014 (md). (Entered: 05/28/2014)
06/11/2014 215 ORDER THAT THE APPLICATION OF SPECIAL DISCOVERY MASTER DAVID H. MARION, ESQ. FOR APPROVAL OF FEES AND COSTS INCURRED FROM 1/1/14 THROUGH 4/30/14 ("APPLICATION") IS GRANTED AND PAYMENT OF THE INVOICES SUBMITTED WITH THE APPLICATION IS APPROVED CONSISTENT WITH THE SPECIAL MASTER'S RECOMMENDATION FOR ALLOCATION OF PAYMENT. THE PARTIES ARE ORDERED TO MAKE PAYMENT DIRECTLY TO THE SPECIAL DISCOVERY MASTER WITHIN 30 DAYS OF THIS ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/11/14. 6/12/14 ENTERED & E-MAILED.(fdc) (Entered: 06/12/2014)
07/25/2014 216 MOTION for Approval of Settlement filed by MARK SCHALLER, WILLIAM E. UNDERLAND.Memorandum, Brief, Declaration. (Attachments: # 1 Memorandum In Support of Motion for Final Approval of Class Action Settlement and Plan of Allocation, # 2 Memorandum in Support of Motion for Award of Attorneys' Fees and Reimbursement of Litigation Costs and Expenses, # 3 Declaration of Geoffrey M.
Johnson, # 4 Declaration of JoAnn Kohl, # 5 Declaration of Daryl F. Scott, # 6 Declaration of Christopher L. Nelson, # 7 Declaration of John H. Drucker, # 8 Declaration of William E. Underland, # 9 Declaration of Mark Schaller, # 10 Text of Proposed Order)(LAUGHLIN, THOMAS) (Entered: 07/25/2014)
08/06/2014 217 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Final Approval Hearing held on 8/4/14. Court Reporter: E. PRATT. (rf, ) (Entered: 08/06/2014)
08/06/2014 218 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Final Approval Hearing held on 8/4/14.(fdc) (FILED IN ERROR; DUPLICATE ENTRY) Modified on 8/7/2014 (md). (Entered: 08/07/2014)
08/28/2014 219 REPLY to Response to Motion re 216 MOTION for Approval of Settlement and Award of Attorneys' Fees and Expenses filed by MARK SCHALLER, WILLIAM E. UNDERLAND. (LAUGHLIN, THOMAS) (Entered: 08/28/2014)
09/08/2014 220 FINAL APPROVAL ORDER AND JUDGMENT OF DISMISSAL WITH PREJUDICE AS OUTLINED HEREIN.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/8/14. 9/8/14 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 09/08/2014)
09/09/2014 221 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE: Final Approval Hearing held on 9/8/14. Court Reporter: E. PRATT. (rf, ) (Entered: 09/09/2014)
09/23/2015 222 MOTION for Disbursement of Funds filed by MARK SCHALLER, WILLIAM E. UNDERLAND.Memorandum, Declaration, Certificate of Counsel. (Attachments: # 1 Memorandum, # 2 Declaration of Stephanie Thurin, # 3 Certificate of Counsel, # 4 Text of Proposed Order)(LAUGHLIN, THOMAS) (Entered: 09/23/2015)
10/26/2015 223 ORDER RE: DISTRIBUTION OF CLASS SETTLEMENT FUND. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/26/15. 10/26/15 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 10/26/2015)
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