u.s. district court united states district court for the western … · 2012. 5. 31. ·...

US District Court Civil Docket as of 05/11/2012 Retrieved from the court on May 21, 2012

U.S. District Court United States District Court for the Western District of Washington (Seattle)

CIVIL DOCKET FOR CASE #: 2:11-cv-01340-TSZ

Callan v. Motricity Inc et al Assigned to: Judge Thomas S. Zilly Member case: (View Member Case) Cause: 12:22 Securities Fraud

Movant

Date Filed: 08/12/2011 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

The Lyons Family represented by Elizabeth Ann Leland KELLER ROHRBACK 1201 3RD AVE STE 3200 SEATTLE, WA 98101-3052 206-623-1900 Fax: FAX 623-3384 Email: [email protected] ATTORNEY TO BE NOTICED

Juli E. Farris KELLER ROHRBACK 1201 3RD AVE STE 3200 SEATTLE, WA 98101-3052 206-623-1900 Fax: 206-623-3384 Email: [email protected] ATTORNEY TO BE NOTICED

Lynn Lincoln Sarko KELLER ROHRBACK 1201 3RD AVE STE 3200 SEATTLE, WA 98101-3052 206-623-1900 Fax: FAX 623-3384 Email: [email protected]

ATTORNEY TO BE NOTICED

Movant

Motricity Securities Investors Group Motricity Securities Investors Group

Movant

represented by Roger M Townsend BRESKIN JOHNSON & TOWNSEND PLLC 1111 THIRD AVE STE 2230 SEATTLE, WA 98101 206-652-8660 Fax: 206-652-8290 Email: [email protected] ATTORNEY TO BE NOTICED

Lobel Family represented by Bradley Jerome Moore STRITMATTER KESSLER WHELAN CALUCCIO (SEA) 200 2ND AVE W 2ND FLOOR SEATTLE, WA 98119-4204 206-448-1777 Email: [email protected] ATTORNEY TO BE NOTICED

John K Grant ROBBINS GELLER RUDMAN & DOWD LLP (SF) POST MONTGOMERY CENTER ONE MONTGOMERY STREET, SUITE 1800 SAN FRANCISCO, CA 94104 415-288-4545 Email: [email protected] ATTORNEY TO BE NOTICED

Movant

The Slattery Group represented by William R Spurr 1001 4TH AVENUE STE 3600 SEATTLE, WA 98154 206-682-2692 Fax: 206-682-2692 Email: [email protected] ATTORNEY TO BE NOTICED

represented by Steve W. Berman HAGENS BERMAN SOBOL SHAPIRO LLP (WA) 1918 8th AVE STE 3300 SEATTLE, WA 98101 206-623-7292 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Armen Zohrabian ROBBINS GELLER RUDMAN & DOWD LLP (SF) POST MONTGOMERY CENTER ONE MONTGOMERY STREET, SUITE 1800 SAN FRANCISCO, CA 94104 415-288-4545 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Brian O O'Mara ROBBINS GELLER RUDMAN & DOWD LLP 655 W BROADWAY STE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Darren J Robbins ROBBINS GELLER RUDMAN & DOWD LLP 655 W BROADWAY STE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff

Joe Callan individually and on behalf of all others similarly situated

David C Walton ROBBINS GELLER RUDMAN & DOWD LLP 655 W BROADWAY STE 1900 SAN DIEGO, CA 92101 619-231-1058 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

John K Grant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Karl Phillip Barth HAGENS BERMAN SOBOL SHAPIRO LLP (WA) 1918 8th AVE STE 3300 SEATTLE, WA 98101 206-623-7292 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Wayne Browning represented by Dan Drachler ZWERLING SCHACHTER & ZWERLING 1904 3RD AVE STE 1030 SEATTLE, WA 98101 206-223-2053 Fax: 206-223-2053 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Nada Haralovich represented by Dan Drachler (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Cliff Mosco represented by Armen Zohrabian (See above for address)

PRO HAC VICE ATTORNEY TO BE NOTICED


Karl Phillip Barth (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Rich Hardy represented by Armen Zohrabian (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Karl Phillip Barth (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Mark Couch represented by Duncan Calvert Turner individually and on behalf of all

BADGLEY MULLINS LAW

others similarly situated

GROUP 701 FIFTH AVENUE STE 4750 SEATTLE, WA 98104 206-621-6566 Fax: FAX 621-9686 Email: [email protected] ATTORNEY TO BE NOTICED

Robert I Harwood HARWOOD FEFFER LLP 488 MADISON AVE 8TH FLOOR NEW YORK, NY 10022 212-935-7400

Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Samuel K Rosen HARWOOD FEFFER LLP 488 MADISON AVE 8TH FLOOR NEW YORK, NY 10022 212-935-7400 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

V.

Defendant

Motricity Inc represented by Andrew Ramiro Escobar DLA PIPER US LLP (WA) 701 FIFTH AVE STE 7000 SEATTLE, WA 98104-7044 206-839-4828 Email: [email protected] ATTORNEY TO BE NOTICED

Stellman Keehnel DLA PIPER US LLP (WA) 701 FIFTH AVE STE 7000 SEATTLE, WA 98104-7044 206-839-4800 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Ryan K. Wuerch represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED

Defendant

James R. Smith represented by Andrew Ramiro Escobar (See above for address)

ATTORNEY TO BE NOTICED

Defendant

Allyn P. Hebner

Defendant

James N. Ryan

Defendant

Jeffrey A. Bowden

Defendant

Gary C. Hunter

Defendant

represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED



Brett Icahn represented by Andrew Ramiro Escobar (See above for address) ATTORNEY TO BE NOTICED

Defendant

Lady Barbara Judge

Defendant

Suzanne H. King

Defendant

Brian V. Turner

Defendant




JP Morgan Securities Inc represented by Andrew M Farthing LATEEAM & WATKINS (MENLO PK) 140 SCOTT DRIVE

MENLO PARK, CA 94025 650-463-3004 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Stephen M. Rummage DAVIS WRIGHT TREMAINE (SEA) 1201 THIRD AVENUE STE 2200 SEATTLE, WA 98101-3045 206-622-3150 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Goldman Sachs & Co. represented by Andrew M Farthing (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Stephen M. Rummage (See above for address) ATTORNEY TO BE NOTICED

Defendant

Deutsche Bank Securities, Inc. represented by Andrew M Farthing (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Defendant

RBC Capital Markets Corporation represented by Andrew M Farthing (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Defendant

Robert W. Baird & Co. Inc. represented by Andrew M Farthing (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Defendant

Needham & Company LLC

represented by Andrew M Farthing (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Defendant

Pacific Crest Securities LLC represented by Andrew M Farthing (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

Sohail Qadri

Date Filed

# Docket Text


08/12/2011 1 COMPLAINT against defendant(s) All Defendants (Receipt # 0981- 2524278), filed by Joe Callan. (Attachments: # 1 Civil Cover Sheet)(Berman, Steve) (Entered: 08/12/2011)

08/15/2011

Judge Thomas S. Zilly added. (MKB) (Entered: 08/15/2011)

08/15/2011

2 Darren Robbins, David Walton and Frank Bottini advised via letter of requirement to appear pro hac vice and of ECF registration requirements. (MKB) (Entered: 08/15/2011)

08/15/2011 NOTICE to Filer: In order for the Clerks Office to add an attorney to the I docket, the attorneys signature must appear on a pleading in accordance

with FRCP Rule 11 and Local General Rule 2(h). Signatures must comply with Section III (L) of the Electronic Filing Procedures which states that An electronically filed pleading or other document which requires an attorneys signature must have the signors names printed or typed on the line and under all signature lines. For future filings, the Clerks Office is no longer adding an attorney's name to the docket if the signature does not comply with the above Rules and Procedures. (MKB) (Entered: 08/15/2011)

08/18/2011

3 APPLICATION OF ATTORNEY Darren J. Robbins FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Joe Callan (Fee Paid) Receipt No. 0981-2528803. (Barth, Karl) (Entered: 08/18/2011)

08/18/2011

4 APPLICATION OF ATTORNEY Brian O. O'Mara FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Joe Callan (Fee Paid) Receipt No. 0981-2528804. (Barth, Karl) (Entered: 08/18/2011)

08/18/2011

5 APPLICATION OF ATTORNEY David C. Walton FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Joe Callan (Fee Paid) Receipt No. 0981-2528806. (Barth, Karl) (Entered: 08/18/2011)

08/18/2011 6 ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Darren J Robbins for Joe Callan, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 08/18/2011)

08/18/2011 7 ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brian O. O'Mara for Joe Callan, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 08/18/2011)

08/18/2011 8 ORDER re 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney David C Walton for Joe Callan, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 08/18/2011)

09/01/2011 9 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 10/31/2011, FRCP 26f Conference Deadline is 10/17/2011, Initial Disclosure Deadline is 10/31/2011, by Judge Thomas S. Zilly. (CH) (Entered: 09/01/2011)

10/05/2011

10 PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiff Joe Callan. (Barth, Karl) (Entered: 10/05/2011)

10/06/2011

11 Summons electronically issued as to defendant Motricity Inc. (CL) (Entered: 10/06/2011)

10/11/2011

12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel by Plaintiffs Wayne Browning,

Nada Haralovich. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/28/2011, (Drachler, Dan) (Entered: 10/11/2011)

10/11/2011

10/11/2011

10/11/2011

13 DECLARATION of Jeremy A. Lieberman filed by Plaintiffs Wayne Browning, Nada Haralovich re 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service)(Drachler, Dan) (Entered: 10/11/2011)

14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel by Movant The Lyons Family. Oral Argument Requested. (Attachments: # 1 Proposed Order [Proposed] Order Granting the Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel) Noting Date 10/28/2011, (Leland, Elizabeth) (Entered: 10/11/2011)

15 DECLARATION of Elizabeth A. Leland filed by Movant The Lyons Family re 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel (Attachments: # 1 Exhibit Exhibit A - True and accurate copies of the Certifications of Named Plaintiff signed by Dan Lyons, JoAnne Lyons, Joseph Lyons, and James Lyons and loss chart, # 2 Exhibit Exhibit B - Notice published on Business Wire on August 12, 2011 by Robbins, Geller Rudman & Dowd LLP, # 3 Exhibit Exhibit C - Firm resume for Izard Nobel LLP, # 4 Exhibit Exhibit D - Firm Resume of Keller Rohrback L.L.P.)(Leland, Elizabeth) (Entered: 10/11/2011)

10/11/2011 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel by Movant Motricity Securities Investors Group. (Attachments: # 1 Proposed Order) Noting Date 10/28/2011, (Townsend, Roger) (Entered: 10/11/2011)

DECLARATION of Roger M. Townsend filed by Movant Motricity Securities Investors Group re 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Townsend, Roger) (Entered: 10/11/2011)

MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel by Movant Lobel Family. Oral Argument Requested. (Attachments: # 1 Exhibit Declaration of Brad J. Moore, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order) Noting Date 11/4/2011, (Moore, Bradley)

10/11/2011

17

10/11/2011 18

(Entered: 10/11/2011)

10/11/2011 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel by Movants Cliff Mosco, Rich Hardy. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/28/2011, (Barth, Karl) (Entered: 10/11/2011)

10/11/2011 20 DECLARATION of Karl Barth filed by Movants Rich Hardy, Cliff Mosco re 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Barth, Karl) (Entered: 10/11/2011)

10/11/2011 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel by Movant The Slattery Group. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/28/2011, (Spurr, William) (Entered: 10/11/2011)

10/11/2011 22 DECLARATION of Members of the Slattery Group filed by Movant The Slattery Group re 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel (Spurr, William) (Entered: 10/11/2011)

10/11/2011 23 DECLARATION of Albert Y. Chang filed by Movant The Slattery Group re 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D)(Spurr, William) (Entered: 10/11/2011)

10/24/2011 24 RESPONSE, by Plaintiffs Wayne Browning, Nada Haralovich, to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel , 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel, 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel , 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel . Oral Argument Requested. (Attachments: # 1 Certificate of Service)(Drachler, Dan) (Entered: 10/24/2011)

10/24/2011 25 RESPONSE, by Movant Motricity Securities Investors Group, to 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of

I Lead Counsel . (Townsend, Roger) (Entered: 10/24/2011)

RESPONSE, by Movant The Lyons Family, to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel , 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel , 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel , 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel . (Farris, Juli) (Entered: 10/24/2011)

RESPONSE, by Movant The Slattery Group, to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel , 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel , 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel , 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel . (Attachments: # 1 Exhibit Ex. A (Corrected Loss Chart))(Spurr, William) (Entered: 10/24/2011)

RESPONSE, by Movant Lobel Family, to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel , 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel , 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel , 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel . Oral Argument Requested. (Moore, Bradley) (Entered: 10/24/2011)

10/24/2011

26

10/24/2011

27

10/24/2011

28

10/24/2011 29 RESPONSE, by Movants Rich Hardy, Cliff Mosco, to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and

Approval of Selection of Counsel , 12 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead and Liaison Counsel , 14 MOTION to Appoint Counsel Motion of The Lyons Family for Consolidation of Related Actions, Appointment as Lead Plaintiff, and Approval of Selection of Lead Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 16 MOTION to Consolidate Cases Related Actions, to Appoint Motricity Securities Investors Group as Lead Plaintiff and to Approve Selection of Lead Counsel . (O'Mara, Brian) (Entered: 10/24/2011)

10/28/2011 30 REPLY, filed by Movant Lobel Family, TO RESPONSE to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel (Moore, Bradley) (Entered: 10/28/2011)

10/28/2011 31 REPLY, filed by Movant The Slattery Group, TO RESPONSE to 18 MOTION to Appoint Lobel Family's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel , 21 MOTION to Consolidate Cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel , 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel (Spurr, William) (Entered: 10/28/2011)

10/28/2011 32 REPLY, filed by Movants Rich Hardy, Cliff Mosco, TO RESPONSE to 19 MOTION to Appoint The Mosco/Hardy Group's Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel (O'Mara, Brian) (Entered: 10/28/2011)

10/31/2011

11/02/2011

Set/Reset Deadlines: FRCP 26f Conference Deadline is 12/23/2011, Initial Disclosure Deadline is 1/6/2012, Joint Status Report due by 1/6/2012, (CH) (Entered: 10/31/2011)

33 NOTICE of Appearance by attorney Stellman Keehnel on behalf of Defendant Motricity Inc. (Keehnel, Stellman) (Entered: 11/02/2011)

11/02/2011 34 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1.. (Keehnel, Stellman) (Entered: 11/02/2011)

11/03/2011 Attorney Andrew Ramiro Escobar for Motricity Inc added per 33 Notice of Appearance. (KN) (Entered: 11/03/2011)

11/07/2011 35 ORDER to Consolidate, by Judge Thomas S. Zilly. Mosco/Hardy Group's unopposed Motion for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Counsel, docket no. 19 , is hereby GRANTED. Pursuant to Fed. R. Civ. P. 42(a), Couch v. Motricity, C11-1678-TSZ, is hereby CONSOLIDATED with Callan v. Motricity, C11-1340-TSZ. All further pleadings filed in these consolidated cases shall be captioned as follows: Callan v. Motricity, C11-1340-TSZ. Civil Action No. C11-1678- TSZ shall be closed, and the Clerk shall terminate all pending motions.

I (CL) (Entered: 11/08/2011)

11/15/2011 36 APPLICATION OF ATTORNEY John K. Grant FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Joe Callan, Rich Hardy, Cliff Mosco (Fee Paid) Receipt No. 0981-2622374. (Barth, Karl) (Entered: 11/15/2011)

11/16/2011 37 ORDER re 36 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John K Grant for Joe Callan, Rich Hardy, and for Cliff Mosco, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 11/16/2011)

12/01/2011 38 PRAECIPE TO ISSUE SUMMONS by Plaintiffs Joe Callan, Rich Hardy, Cliff Mosco. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Grant, John) (Entered: 12/01/2011)

12/02/2011 39 Summons issued as to defendant(s) Jeffrey A. Bowden, Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. (CL) (Entered: 12/05/2011)

12/07/2011 40 STIPULATION AND PROPOSED ORDER REGARDING SCHEDULE FOR FILING OF CONSOLIDATED COMPLAINT AND MOTIONS TO DISMISS by parties. (Escobar, Andrew) (Entered: 12/07/2011)

12/08/2011 41 STIPULATION AND ORDER, by Judge Thomas S. Zilly. The Court GRANTS the parties' stipulation rearding schedule for filing of consolidated complaint and motions to dismiss. (CL) (Entered: 12/09/2011)

12/09/2011 42 NOTICE of Appearance by attorney Stephen M. Rummage on behalf of Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc.. (Rummage, Stephen) (Entered: 12/09/2011)

12/16/2011 43 AMENDED COMPLAINT Consolidated against defendant(s) All Defendants with JURY DEMAND, filed by Joe Callan, Rich Hardy, Cliff Mosco.(Barth, Karl) (Entered: 12/16/2011)

01/03/2012 44 PRAECIPE TO ISSUE SUMMONS by Plaintiffs Joe Callan, Rich Hardy, Cliff Mosco. (Attachments: # 1 Summons)(Grant, John) (Entered: 01/03/2012)

01/04/2012 45 Summons Electronically Issued as to defendant Jeffrey A. Bowden. (TF) sent to pltf's counsel via CM/ECF (Entered: 01/04/2012)

01/17/2012 46 WAIVER OF SERVICE of summons upon defendant Allyn P. Hebner mailed on 1/3/2012; Gary C. Hunter mailed on 1/3/2012; Brett Icahn mailed on 1/3/2012; Lady Barbara Judge mailed on 1/3/2012; Suzanne H.

King mailed on 1/3/2012; James N. Ryan mailed on 1/3/2012; James R. Smith mailed on 1/3/2012; Brian V. Turner mailed on 1/3/2012; Ryan K. Wuerch mailed on 1/3/2012 (Grant, John) (Entered: 01/17/2012)

02/03/2012 47 WAIVER OF SERVICE of summons upon defendant Deutsche Bank Securities, Inc. mailed on 1/17/2012; Goldman Sachs & Co. mailed on 1/17/2012; JP Morgan Securities Inc mailed on 1/17/2012; Needham & Company LLC mailed on 1/17/2012; Pacific Crest Securities LLC mailed on 1/17/2012; RBC Capital Markets Corporation mailed on 1/17/2012; Robert W. Baird & Co. Inc. mailed on 1/17/2012 (Grant, John) (Entered: 02/03/2012)

02/09/2012 48 STIPULATION AND PROPOSED ORDER EXTENDING PAGE LIMITS FOR BRIEFING ON THE MOTRICITY DEFENDANTS' MOTION TO DISMISS by parties. (Escobar, Andrew) (Entered: 02/09/2012)

02/10/2012 49 STIPULATION AND ORDER by Judge Thomas S. Zilly. The court GRANTS the parties' stipulation to extend page limits, docket no. 48 . (CL) (Entered: 02/10/2012)

02/14/2012

02/14/2012

50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Motricity Defendants' Motion to Dismiss) Noting Date 5/4/2012, (Escobar, Andrew) (Entered: 02/14/2012)

51 DECLARATION of Andrew R. Escobar In Support of Motricity Defendants' Motion to Dismiss filed by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch re 50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Escobar, Andrew) (Entered: 02/14/2012)

02/14/2012 52 REQUEST by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch for Judicial Notice in Support of Motricity Defendants' Motion to Dismiss re 50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws . (Escobar, Andrew) (Entered: 02/14/2012)

02/14/2012 53 APPENDIX re 50 MOTION to Dismiss Plaintiffs' Conslidated Class

Action Complaint for Violation of the Federal Securities Laws APPENDIX OF UNPUBLISHED OPINIONS IN SUPPORT OF MOTRICITY DEFENDANTS' MOTION TO DISMISS by Defendants Allyn P. Hebner, Gary C. Hunter, Brett Icahn, Lady Barbara Judge, Suzanne H. King, Motricity Inc, James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4, # 5 Appendix 5, # 6 Appendix 6, # 7 Appendix 7, # 8 Appendix 8, # 9 Appendix 9, # 10 Appendix 10, # 11 Appendix 11, # 12 Appendix 12, # 13 Appendix 13, # 14 Appendix 14, # 15 Appendix 15, # 16 Appendix 16, # 17 Appendix 17)(Escobar, Andrew) (Entered: 02/14/2012)

02/14/2012 54 MOTION to Dismiss by Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc.. Oral Argument Requested. Noting Date 5/4/2012, (Rummage, Stephen) (Entered: 02/14/2012)

02/15/2012 55

PROPOSED ORDER (Unsigned) re 54 MOTION to Dismiss Underwriter Defendants . (Rummage, Stephen) (Entered: 02/15/2012)

02/28/2012 56

SERVICE OF SUMMONS and Complaint returned executed upon defendant Motricity Inc on 10/11/2011 (Barth, Karl) (Entered: 02/28/2012)

03/07/2012 57 APPLICATION OF ATTORNEY Armen Zohrabian FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Joe Callan, Rich Hardy, Cliff Mosco (Fee Paid) Receipt No. 0981-2736548. (Barth, Karl) (Entered: 03/07/2012)

03/07/2012 58 ORDER re 57 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Armen Zohrabian for Joe Callan, Rich Hardy, and Cliff Mosco, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 03/07/2012)

04/04/2012 59 RESPONSE, by Plaintiffs Rich Hardy, Cliff Mosco, Movant Lobel Family, to 50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws . (Grant, John) (Entered: 04/04/2012)

04/04/2012 60 RESPONSE, by Plaintiffs Rich Hardy, Cliff Mosco, Movant Lobel Family, to 54 MOTION to Dismiss. (Grant, John) (Entered: 04/04/2012)

04/16/2012 61 STIPULATION AND PROPOSED ORDER Regarding Schedule for Filing of Amended Complaint and Motions to Dismiss by parties. (Grant, John) (Entered: 04/16/2012)

04/20/2012 62 STIPULATION AND ORDER re 61 Stipulation regarding schedule for filing of amended complaint and motions to dismiss filed by Cliff Mosco, Lobel Family, Rich Hardy by Judge Thomas S. Zilly. (MD) (Entered:

I 04/20/2012)

04/20/2012 63 APPLICATION OF ATTORNEY Andrew W. Farthing FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc. (Fee Paid) Receipt No. 0981-2788949. (Rummage, Stephen) (Entered: 04/20/2012)

04/23/2012 64 ORDER re 63 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney Andrew M Farthing for Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, and for Robert W. Baird & Co. Inc., by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 04/23/2012)

05/10/2012 65 WITHDRAWAL of Motion re 54 MOTION to Dismiss, 50 MOTION to Dismiss Plaintiffs' Conslidated Class Action Complaint for Violation of the Federal Securities Laws ; by Defendants Deutsche Bank Securities, Inc., Goldman Sachs & Co., JP Morgan Securities Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc... (Rummage, Stephen) (Entered: 05/10/2012)

05/ 11 /2012 66 AMENDED COMPLAINT LEAD PLAINTIFFS' AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against defendant(s) Jeffrey A. Bowden, Deutsche Bank Securities, Inc., Goldman Sachs & Co., Allyn P. Hebner, Gary C. Hunter, Brett Icahn, JP Morgan Securities Inc, Lady Barbara Judge, Suzanne H. King, Motricity Inc, Needham & Company LLC, Pacific Crest Securities LLC, RBC Capital Markets Corporation, Robert W. Baird & Co. Inc., James N. Ryan, James R. Smith, Brian V. Turner, Ryan K. Wuerch with JURY DEMAND, filed by Rich Hardy, Lobel Family, Cliff Mosco. (Attachments: # 1 Exhibit A)(Grant, John) (Entered: 05/11/2012)

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u.s. district court united states district court for the western … · 2012. 5. 31. ·...

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