MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a) 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 1 Brad Greenspan, Pro Se 264 South La Cienega Suite 1016 Beverly Hills, CA 90211 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION JIM BROWN, Individually and on Behalf of All Others Similarly Situated, Plaintiff Plaintiff, v. BRETT C. BREWER, et. al., Defendants Defendants ) ) ) ) ) ) ) ) ) ) ) )) CASE NO: 2:06-cv-03731-GHK-SH CLASS ACTION MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR 60(a) DATE: TBD TIME: TBD COURTROOM: Honorable George H. King ROOM: 650
Transcript
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
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Brad Greenspan, Pro Se 264 South La Cienega Suite 1016 Beverly Hills, CA 90211
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
JIM BROWN, Individually and on Behalf of All Others Similarly Situated, Plaintiff Plaintiff, v. BRETT C. BREWER, et. al., Defendants Defendants
) ) ) ) ) ) ) ) ) ) ) ))
CASE NO: 2:06-cv-03731-GHK-SH CLASS ACTION
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR 60(a) DATE: TBD TIME: TBD COURTROOM: Honorable George H. King ROOM: 650
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
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TABLE OF CONTENTS I- INTRODUCTION pg 4
II- FACTUAL BACKGROUND pg. 4
III- LEGAL STANDARDS AND ARGUMENTS pg. 5
IV- RELIEF pg. 7
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
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MEMORANDUM IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a) I INTRODUCTION
1. Petitioner Brad Greenspan seeks relief under Rule 60(a) from the Court’s November 29, 2011 order Denying petitioner’s November 16, 2011 motion to vacate the October 2010 motion to ban petitioner.
Rule 60(a) permits a court to “correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order or other part of the record.”
II FACTUAL BACKGROUND
1. On 10/25/2011 Petitioner filed several pleadings including a MEMORANDUM of Points
and Authorities in support of motion for relief from judgment under FRCP 60(b)3. 2. On 11/7/2011, Defendants filed a “Joint-Motion” titled, “NOTICE OF MOTION AND Joint
MOTION to Strike MOTION for Order for Fraud Upon The Court 60B3” 3. In such 11/7/2011 motion, defendants noticed several deficiencies with the 10/25/2011
Pleadings filed by Petitioner.
4. Its uncontested that the defendants did not file any other motions after the 11/7/2011 motion
to strike and before the Court’s 11/29/2011 ruling granting Joint Motion.
5. The 11/7/2011 motion asked the Court to strike the “60b3” motion which on page 12 of Its memorandum it cited was, “(73 pgs total; memo of points &authorities 57 pgs)”
6. One of specific deficiencies noted by defendants in their 11/7/2011 Joint Motion was such Memorandum for the 60b that Petitioner filed on 10/25/2011 was too many pages.
7. Petitioner replied to the 11/7/2011 Joint Motion thru the filing of the 11/15/2011 “Notice of Errata” which inputted into the Court “Corrected” and revised pleadings including a “Motion for Fraud Upon the Court”.
8. The Court on 11/16/2011 made the following ruling:
“Mr. Greenspan's "Motion for Summary Judgement or Adjudication," "Memorandum of Points and Authorities in Support of Motion to Intervene," "Memorandum of Points
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
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and Authorities in Support of Motion for Relief From Judgment Under FRCP 60(b)," and "Notice of Errata," which have been received by the Court, but not filed, are hereby deemed filed as of the date they were received IT IS SO ORDERED by Judge George H. King”
9. The Petitioner’s “Memorandum of Points and Authorities in Support of Motion for Relief
From Judgement Under FRCP 60(b)” that the Court accepted and deemed filed on 11/16/2011 Is a different document then the similar titled Memorandum defendants cite in their Joint Motion on 11/7/2011.
10. For instance, the “Errata” included memorandum he Court cites on 11/16/2011 and accepts conforms to the 25 page rule which defendant’s complaint and cite is the deficiency of the 10/25/2011 Memorandum
11. In addition, the 11/16/2011 “Errata” included memorandum also fixes a deficiency which had omitted certain sections including sections and citings that specify and request relief under “60(b)(4)”.
12. The deficient 10/25/2011 memorandum of Petitioner has no reference and is missing the citations of “60(b)(4)”.
13. As evidence of this, Petitioner submits that in the 11/16/2011 Court accepted and final Version of the Memorandum for relief, the final section of the document reads, “V- RELIEF Substantial Justice Will Be Served by Granting this Motion under 60b, 60b1, 60b2, 60b3, 60b4, or 60b6,” Whereas, a fact finder can review the 10/25/2011 memorandum which is the only memorandum the Defendant’s 11/7/2011 Joint Motion responds to, reads,
“VI- RELIEF Substantial Justice Will Be Served by Granting this Motion of 60b6, 60b3, 60b:”
14. Therefore, defendant’s Joint Motion filed on 11/7/2011 has failed to address or opposed
the Petitioner’s Relief requested under his motion for 60(b)(4) made and accepted by the Court on 11/16/2011. III LEGAL STANDARDS AND ARGUMENTS:
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
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1. Rule 60(a) permits a court to “correct a clerical mistake or a mistake arising from
oversight or omission whenever one is found in a judgment, order or other part of the record.” See Mich.Court Rules Ann. (Searl, 1933) Rule 48, §3; 2 Wash.Rev.Stat.Ann. (Remington, 1932) §464(3); Wyo.Rev.Stat.Ann. (Courtright, 1931) §89–2301(3).
2. The Court should correct its 11/29/2011 ruling after review of the facts cited And discussed herein and that are part of the historical record. The 11/29/2011 ruling should Grant Petitioner’s motion for relief under 60(b)(4) and vacate the October 19, 2010 motion to ban. Petitioner’s motion for relief under 60(b)(4) was unopposed by Defendants in their 11/7/2011 Motion to strike. Defendant’s also had ample opportunity to file a supplement or reply of its Motion to Strike after the Court ruled on 11/16/2011 it was accepting the “Errata” pleadings.
3. The Court should as a further reason to correct its 11/29/2011 ruling note that its 11/16/2011 ruling put no burden or demand on Petitioner to make a 2nd Reply in addition to the “Errata” reply made and accepted on 11/16/2011. This is because the Court in its 11/16/2011 ruling specifically cited the instructions,
“The Greenspan Motions and the Joint Motion are hereby TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on December 5, 2011. Fed. R. Civ. P. 78; Local Rule 7-15. It is logical that we consider the Joint Motion before we consider the Greenspan Motions, and thus we will not issue any orders on the Greenspan Motions pending our decision on the Joint Motion. No appearance by counsel shall be necessary. The hearing dates are VACATED. Further briefing, if any, shall be filed in accordance with the Local Rules as if the noticed hearing dates had not been vacated.”
Such Ruling on 11/16/2011 (see above) included the key directions “Further briefing, if any, shall be filed”. Therefore, Petitioner took the wording in the ruling “if any” to be a clear ruling by the Court that any future “briefing” Petitioner determined to make would be solely at the option of the Petitioner or Defendants and not required for the Court to make a ruling based on the merits of the pleadings accepted thru the date of 11/16/2011. This understanding of the Court’s ruling on its face coupled with the fact Petitioner had: i) just replied to the defendant’s motion to strike thru filing pleadings to correct the very deficiencies the defendants cited in their 11/7/2011 Joint Motion motion to strike. And ii) The defendants in their Joint Motion had not opposed the Petitioner’s Motion for relief under 60(b)(4), is why the Petitioner did not file an additional Reply after the 11/16/2011 Ruling by the Court after the Petitioner’s reply and filing on 11/15/2011.
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
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4. Petitioner also asks Court to correct its 12/21/2011 Order in which the Court Ruled, “Rule 701 Declaration submitted by Plaintiff Brad Greenspan received on 12/6/11 is not to be filed but instead rejected.” In fact, the Court had accidentally combined a copy of the Rule 701 Declaration that was Part of a Motion for Judicial Notice. This Copy of the Rule 701 Declaration was being used as an exhibit to the Motion for Judicial Notice. An error on the filing process has effectively put the December copy of the Rule 701 Declaration on top of the Motion for Judicial Notice which was signed By Petitioner. In fact, the original Rule 701 Declaration was filed on 10/25/2011 with all its exhibits included and received by the Court and Defendants. In fact, the Defendants acknowledge receipt of this 10/25/2011 version of the Rule 701 Declaration and did not dispute a deficiency such as the document not being signed. Defendants cite the 289 page document as having been received on page 14 of their Motion To Strike filed 11/17/2011 (Document #368). Defendants neither take issue with the Rule 701 Declaration as being deficient from not being signed nor do Defendants seek to strike the Declaration in their Order or motion. Defendants simply note its existence. Therefore, the Court should note the confusion caused by a second unsigned version of the Rule 701 Declaration that did not contain the exhibits being used by Petitioner in a December Motion of Judicial notice. The Court should therefore vacate its 12/21/2011 Ruling on the second 701 Declaration because the original Rule 701 Declaration that was 289 pages including exhibits was already accepted by both the Court and Defendants when it was received on 10/25/2011. Defendants had their chance to cite it in their motion to strike as being deficient and they both do not seek to strike the Rule 701 Declaration nor do they cite as a deficiency that such 10/25/2011 Rule 701 Declaration is unsigned. IV- RELIEF Substantial Justice Will Be Served by Granting the Relief requested by Petitioner under Rule 60(a) to correct its Rulings and Orders made on 11/29/2011 and 12/21/2011. First, The 11/29/2011 ruling should be corrected to grant Petitioner’s unopposed motion for Fraud upon the
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
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Court and other requests including to vacate the October 19, 2010 motion to ban Petitioner under 60(b)(4), because defendant’s Joint Motion does not oppose the 60(b)(4). If the Court determines Defendants are able to strike motions to vacate they have not responded to which would be Surely inequitable then Petitioner has provided a further reason to grant relief to Petitioner, the Court should acknowledge that Petitioner had replied to the Joint Motion and that the Court’s ruling on 11/16/2011 acknowledged this fact and instructed Petitoner that further briefing was solely at Petitoner’s option via the “if any” wording of the order. Certainly the Court was not meaning to trick or fool the Petitioner in its Ruling to be the victim of what the Court cites on 11/29/2011 as a requirement to reply of Petitioner and Court’s conclusion Petitioner failed to reply to the Joint Motion, and such failure of Petitioner as the core reason to dismiss the Petitoner’s 11/16/2011 filed and accepted pleadings.
DATED: January 18, 2012 respectfully submitted,
Brad Greenspan, in Pro Per And on behalf and for benefit of Class and unincorporated association of the MySpace2006 Association which is a group of individual common stock holders that email and update each other periodically since 2005.
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
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MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
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CERTIFICATE OF SERVICE
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NOTICE OF MOTION AND MOTION FOR RELIEF UNDER 60(A)..
DATED: January 18,2012
COME NOW PLAINTIFF-Brad Greenspan
hereby moves this Court for an order granting this motion. This
motion is made on the grounds that Petitioner has significant, legally protectable
interests that relate to the subject of this action; The motion is timely.
This motion is based on this Notice of Motion and Motion For Relief Under
60(a) on the accompanying Memorandum in support thereof, and on the declaration
filed concurrently, and on the [Proposed] Orders each filed and served herewith, and
on the papers, records and pleadings on file in this matter, and on such oral argument
as the Court allows.
WHEREFORE, Plaintiff- respectfully requests the Court
(1) accept motions included and dispose of them as necessary, (2)Vacate Court's 11/29111 Ruling and (3) Vacate Motion to BanPetitioner under unopposed 60(b)(4)
A memorandum of law in support of this motion 60(a) accompanies this
motion.
264 South La CienegaSuite 1016
Beverly Hills, CA 9021 __-2 .. ,. ',?-'
NOTICE OF MOTION M'D MOTION FOR RELIEF umi~~~(~r
A copy of the foregoing Motion to Intervene was this day placed in the United States mail, postage prepaid and addressed to: HOGAN LOVELLS US LLP Richard L. Stone, Bar No. 110022 [email protected] Julie Ann Shepard, Bar No. 175538 [email protected] 1999 Avenue of the Stars, Suite 1400 Los Angeles, California 90067 Telephone: (310) 785-4600 Facsimile: (310) 785-4601 ROBBINS GELLER RUDMAN & DOWD LLP Randall J. Baron, SBN 150796 Email: [email protected] David T. Wissbroecker, SBN 243867 Email: [email protected] 655 West Broadway, Suite #1900 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 Attorneys for Plaintiff Jim Brown ORRICK, HERRINGTON & SUTCLIFFE, LLP Michael D. Torpey, SBN 79424 Email: [email protected] James N. Kramer, SBN 154709 Email: [email protected] James Thompson, SBN __________ Email: [email protected] The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: (415) 773-5700 Facsimile: (415) 773-5759 Browne George Ross LLP Michael A. Bowse (State Bar No. 189659) [email protected] 2121 Avenue of the Stars, Suite 2400 Los Angeles, California 90067 Tel 310-274-7100, Fax 310-275-5697 This, the day of January 2012,
MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR RELIEF UNDER 60(a)
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2/1/12 9:36 PMCM/ECF - California Central District-History/Documents Query
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2:06-cv-03731-GHK-SH Jim Brown v. Brett C Brewer et al George H. King, presidingStephen J. Hillman, referral
Date filed: 06/14/2006Date of last filing: 01/30/2012
History
Doc.No. Dates Description
405 Filed: 01/30/2012Entered: 01/31/2012
Motion to Intervene
Docket Text: NOTICE OF MOTION AND MOTION to Intervene filed by movant James A Nelson.Motion set for hearing on 2/27/2012 at 09:30 AM before Judge George H. King. Lodged proposedorder. (bm)
406 Filed: 01/30/2012Entered: 01/31/2012
Declaration (Motion related)
Docket Text: DECLARATION of James A. Nelson in support of MOTION to Intervene [405] filed byMovant James A Nelson. (bm)
407 Filed: 01/30/2012Entered: 01/31/2012
Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support of MOTION to Intervene [405] filed by Movant James ANelson. (bm)
403 Filed &Entered: 01/19/2012 Order
Docket Text: ORDER PROVIDING FOR SUPPLEMENTAL NOTICE by Judge George H. King,...ITIS HEREBY ORDERED: 1. Plaintiffs Lead Counsel is authorized to act on behalf of the Class with Irespect to all acts required by, or which may be undertaken pursuant to, the Amended Stipulation ofSettlement ("Stipulation") or such other acts that are reasonably necessary to consummate the proposedsettlement set forth in the Stipulation. 2. The Court approves, as to form and content, the RevisedNotice annexed as Exhibit A hereto and the Claim Form annexed as Exhibit B hereto and finds that themailing and distribution of the Revised Notice and Claim Form substantially in the manner and form setforth in 3 of this Order meet the requirements of Federal Rule of Civil Procedure 23 and due process,and is the best notice practicable under the circumstances and shall constitute due and sufficient noticeto all Persons entitled thereto. 3. Gilardi & Co. LLC ("Claims Administrator") shall supervise andadminister the notice procedure as well as the processing of claims as more fully set forth below:(a)The Claims Administrator shall, not later than January 27, 2012 (the "Notice Date"), cause a copy ofthe Revised Notice and the Claim Form substantially in the forms annexed as Exhibits A and B heretoto be mailed by First- Class Mail to all Class Members who can be identified with reasonable effort;(b)Not later than January 27, 2012, the Claims Administrator shall cause the Revised Notice and ClaimForm to be posted on their website at www.gilardi.com......7. A hearing (the "Settlement Hearing") shallbe held before the Court on March 19, 2012, at 9:30 a.m., at the United States District Court, Central
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District of California, 255 East Temple Street, Room 650, Los Angeles, California 90012, to determinewhether the proposed settlement of the Action on the terms and conditions provided for in theStipulation is fair, reasonable, and adequate to the Class and should be approved by the Court; whethera Judgment as provided in 1.16 of the Stipulationbeapproved by the Court; to determine the amount ofattorneys fees and expenses that should be awarded to Plaintiffs Lead Counsel; and whether theexpenses to Lead Plaintiff should be reimbursed. The Court may adjourn the Settlement Hearingwithout further notice to members of the Class.(PLEASE REVIEW DOCUMENT FOR FULL ANDCOMPLETE DETAILS) (lw)
400 Filed &Entered: 01/18/2012 Notice of Lodging
Docket Text: NOTICE OF LODGING filed re Notice (Other), Notice (Other), Notice (Other)[398](Attachments: # (1) Proposed Order Providing for Supplemental Notice)(Gusikoff Stewart, Ellen)
401 Filed &Entered: 01/18/2012 Notice of Lodging
Docket Text: NOTICE OF LODGING filed CORRECTED Notice of Lodging re Notice (Other), Notice(Other), Notice (Other)[398] (Attachments: # (1) Proposed Order Providing for SupplementalNotice)(Gusikoff Stewart, Ellen)
402 Filed: 01/18/2012Entered: 01/19/2012
Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTE IN CHAMBERS Order re: (1) Plaintiff's Revised Plan of Allocation; (2)Trafelet & Company's Proposal Re Plan of Allocation; (3) Plaintiff's Motion to Strike Trafelet andCompany's Proposal Re Plan of Allocation or, in the Alternative, Response Thereto by Judge George H.King: Plaintiff's Revised Plan is REJECTED because it allows Purchased Shares and In-and-Out Sharesto participate in the portion of the net settlement fund allocated to the fiduciary duty claim. Trafelet'sfirst and third objections are moot in light of this ruling. Insofar as Trafelet's second and fourthobjection would pertain to any plan of allocation proposed in the future, they are OVERRULED. (jp)
399 Filed &Entered: 01/13/2012 Notice of Lodging
Docket Text: NOTICE OF LODGING filed re Notice (Other), Notice (Other), Notice (Other)[398](Attachments: # (1) Proposed Order Providing for Supplemental Notice)(Gusikoff Stewart, Ellen)
404 Filed: 01/12/2012Entered: 01/27/2012
Order on Motion to Strike
Docket Text: MINUTES: REVISED PLAN OF ALLOCATION; AND PLAINTIFF'S MOTION TOSTRIKE TRAFELET & COMPANY'S PROPOSAL RE: PLAN OF ALLOCATION [367] [372]:Matter called. Parties present. Court hears oral argument of counsel. Having heard from counsel thecourt denies motion to strike. Court rejects plan of allocation. Counsel shall submit revised notice andorder as directed by the Court on the recordIT IS SO ORDERED Judge George H. King CourtReporter: Leandra Amber. (ir)
398 Filed &Entered: 01/10/2012 Notice (Other)
Docket Text: NOTICE filed by Plaintiff Jim Brown. Notice of Submission of Revised Proposed Orders,Revised Notice and Revised Proof of Claim and Release (Attachments: # (1) Proposed Order Providingfor Supplemental Notice (without additional objection deadline), # (2) Proposed Order Providing for
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Supplemental Notice (with additional objection deadline), # (3) Proposed Order Judgment and Order ofDismissal with Prejudice, Order Approving Revised Plan of Allocation and Order Awarding Attorneys'Fees and Expenses)(Gusikoff Stewart, Ellen)
397 Filed &Entered: 12/21/2011 Notice of Document Discrepancies and Order - Rejecting
Docket Text: NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERINGDefendant Rule 701 Declaration submitted by Plaintiff Brad Greenspan received on 12/6/11 is not to befiled but instead rejected. Denial based on: FRCP Rule 5(d) No proof of service attached to documents;Defendant did not sign pleading. Case dismissed against Plaintiff. (ir)
395 Filed &Entered: 12/20/2011 Notice of Change of Attorney Information (G-06)
Docket Text: NOTICE of Change of Attorney Information for attorney Richard Lee Stone counsel forDefendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt,William Woodward. Changing firm name and address to Jenner & Block LLP, 633 W. 5th Street, Suite3600, Los Angeles, CA 90071. Changing e-mail and fax number to [email protected]; 213-239-5180.Filed by Defendants Brett Brewer (Stone, Richard)
396 Filed &Entered: 12/20/2011 Notice of Change of Attorney Information (G-06)
Docket Text: NOTICE of Change of Attorney Information for attorney Julie A Shepard counsel forDefendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt,William Woodward. Changing firm name and address to Jenner & Block LLP, 633 W. 5th Street, Suite3600, Los Angeles, CA 90071. Changing e-mail and fax number to [email protected]; 213-239-5180. Filed by Defendant Brett Brewer (Shepard, Julie)
393 Filed: 12/19/2011Entered: 12/20/2011
Order on Motion for Reconsideration
Docket Text: MINUTES: (In Chambers) Order re: Brad Greenspans Motion for Reconsideration [392]:To the extent Mr. Greenspans Motion for Reconsideration purports to be an untimely opposition to theJoint Motion, we have considered it and it is hereby DENIED. We note that in his Motion forReconsideration, Mr. Greenspan states that this Court has yet to rule on his Rule 701 Declaration of LayWitness and Damages Valuation (Dkt. No. 387). However, a declaration is not a motion and does notrequire a ruling. Our November 29, 2011 Order STANDS IT IS SO ORDERED by Judge George H.King. (ir)
394 Filed: 12/19/2011Entered: 12/20/2011
Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTE: (In Chambers) Order re: (1) Plaintiff's Revised Plan of Allocation; (2) Trafelet& Company's Proposal Re Plan of Allocation; (3) Plaintiff's Motion to Strike Trafelet & Company'sProposal Re Plan of Allocation or, in the Alternative, Response Thereto: On the Court's own motion,Plaintiff Jim Brown's ("Plaintiff") Revised Plan of Allocation, Trafelet & Company's Proposal Re Planof Allocation, and Plaintiff's Motion to Strike Trafelet & Company's Proposal Re Plan of Allocation or,in the Alternative, Response Thereto [367] [372] are placed on calendar for oral argument on January12, 2012, at 9:30 a.m. The Parties, including Defendants, SHALL be present to discuss the issues raisedby these filings. Additionally, the Parties should be prepared to discuss whether further notice to theclass would be required or otherwise desirable if thisCourt were to approve any revised plan ofallocation. Thereafter, we will issue such orders as may be appropriate IT IS SO ORDERED by Judge
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George H. King. (ir)392 Filed: 12/06/2011
Entered: 12/08/2011Terminated: 12/19/2011
Motion for Reconsideration
Docket Text: MOTION for Reconsideration filed by Brad Greenspan. (ir)391 Filed: 11/29/2011
Entered: 11/30/2011Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTE: (In Chambers) Order re: Plaintiff and Defendants' "Joint Motion to Strike Non-Party Brad Greenspan's 'Motions' (1) To Set Aside October 19, 2010 Order Dismissing Mr. Greenspan,(2) To Intervene, and (3) For Summary Judgment or Summary Adjudication" [368]: As such, there is asufficient basis to strike the "Motion for Fraud Upon the Court 60B3" as untimely. In the alternative,Greenspan's "Motion for Fraud Upon the Court 60B3" is DENIED as untimely.Plaintiff and Defendantsalso argue that the remaining Greenspan Motions the "Motion to Intervene" and the "Motion forSummary Judgement or Adjudication" should be stricken because Greenspan is no longer a party to thisaction and thus lacks standing to file these Motions. We agree. As such, the Joint Motion is GRANTEDand the pending Greenspan Motions are STRICKEN IT IS SO ORDERED by Judge George H. King.(ir)
Docket Text: REPLY in Support of MOTION to Strike Trafelet & Company's Proposal re Plan ofAllocation Response (non-motion)[367] MOTION to Strike Trafelet & Company's Proposal re Plan ofAllocation Response (non-motion)[367][372] filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen)
Docket Text: OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE TRAFELET'S PROPOSAL REPLAN OF ALLOCATION OPPOSITION re: MOTION to Strike Trafelet & Company's Proposal rePlan of Allocation Response (non-motion)[367] MOTION to Strike Trafelet & Company's Proposal rePlan of Allocation Response (non-motion)[367][372] filed by Objector Trafelet & Company, LLC.(Attachments: # (1) Declaration of Michael A. Bowse, # (2) Exhibit A and POS)(Bowse, Michael)
376 Filed &Entered: 11/16/2011 Order on Motion to Intervene
Docket Text: MINUTES: (In Chambers) Order re: (I) Proposed-Intervenor Brad Greenspan"s "Motionto Intervene"; "Motion for Fraud Upon the Court 60B3" [360]; "Motion for Summary Judgement orAdjudication" (II) Plaintiff and Defendants' "Joint Motion to Strike Non-Party Brad Greenspan's'Motions' (1) To Set Aside October 19, 2010 Order Dismissing Mr. Greenspan, (2) To Intervene, and(3) For Summary Judgement or Adjudication" [368]: The Greenspan Motions and the Joint Motion arehereby TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument onDecember 5, 2011. Fed. R. Civ. P. 78; Local Rule 7-15. It islogical that we consider the Joint Motionbefore we consider the Greenspan Motions, and thus we will not issue any orders on the GreenspanMotions pending our decision on the Joint Motion. No appearance by counsel shall be necessary. Thehearing dates are VACATED. Further briefing, if any, shall be filed in accordance with the Local Rulesas if the noticed hearing dates had not been vacated. In light of this Order, Plaintiff and DefendantsJoint Request to Shorten Time on Hearing the Parties' Joint Motion to Strike Non-Party BradGreenspans "Motions" (1) To Set Aside October 19, 2010 Order Dismissing Greenspan, (2) To
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Intervene, and (3) For Summary Judgement or Summary Adjudication [369] is DENIED. Mr.Greenspan's "Motion for Summary Judgement or Adjudication," "Memorandum of Points andAuthorities in Support of Motion to Intervene," "Memorandum of Points and Authorities in Support ofMotion for Relief From Judgment Under FRCP 60(b)," and "Notice of Errata," which havebeenreceived by the Court, but not filed, are hereby deemed filed as of the date they were received IT IS SOORDERED by Judge George H. King. (ir)
383 Filed: 11/15/2011Entered: 11/21/2011
Errata
Docket Text: NOTICE OF ERRATA filed by Movant Brad Greenspan. correcting Memorandum inSupport of Motion[380], Memorandum in Support of Motion[361], Memorandum in Support ofMotion[363], Memorandum in Support of Motion[379] (ir)
375 Filed &Entered: 11/14/2011 Order on Motion to Strike
Docket Text: MINUTES: (In Chambers) Order re: Motion to Strike Trafelet & Companys Proposal rePlan of Allocation or, in the Alternative, Response Thereto [372]: On the Courts own motion, PlaintiffJim Browns (Plaintiff) Motion to Strike Trafelet & Companys Proposal re Plan of Allocation or, in theAlternative, Response Thereto (Motion), noticed for hearing on December 12, 2011, is TAKEN OFFCALENDAR and will be taken UNDER SUBMISSION without oral argument on December 12, 2011.Fed. R. Civ. P. 78; Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date isVACATED. Further briefing, if any, shall be filed in accordance with the Local Rules as if the noticedhearing date had not been vacated. In light of this Order, Plaintiffs Request to Shorten Time on HearingPlaintiffs Motion to Strike Trafelet & Companys Proposal re Plan of Allocation or, in the Alternative,Response Thereto [374] is DENIED IT IS SO ORDERED by Judge George H. King. (ir)
368 Filed &Entered: 11/07/2011
Terminated: 11/29/2011
Motion to Strike
Docket Text: NOTICE OF MOTION AND Joint MOTION to Strike MOTION for Order for FraudUpon The Court 60B3[362], Memorandum in Support of Motion[361], MOTION to Intervene[360],Memorandum in Support of Motion[363] filed by Defendants Brett C Brewer, Jim Brown, David SCarlick, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, Andrew Sheehan,William Woodward. Motion set for hearing on 12/5/2011 at 09:30 AM before Judge George H. King.(Attachments: # (1) Proposed Order [PROPOSED] ORDER STRIKING NON-PARTY BRADGREENSPANS MOTIONS (1) TO SET ASIDE OCTOBER 19, 2010 ORDER DISMISSING MR.GREENSPAN, (2) TO INTERVENE, AND (3) FOR SUMMARY JUDGMENT OR SUMMARYADJUDICATION)(Shepard, Julie)
369 Filed &Entered: 11/07/2011
Terminated: 11/16/2011
Request for Order
Docket Text: Joint REQUEST for Order for Shortening Time on the Parties' Joint Motion to StrikeNon-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) ForSummary Judgment or Summary Adjudication filed by Defendants Brett C Brewer, Jim Brown, DavidS Carlick, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, Andrew Sheehan,William Woodward. Request set for hearing on 11/28/2011 at 09:30 AM before Judge George H. King.(Attachments: # (1) Proposed Order [PROPOSED] ORDER SHORTENING TIME ON THE
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HEARING ON JOINT MOTION TO STRIKE NON-PARTY BRAD GREENSPANS MOTIONS (1)TO SET ASIDE OCTOBER 19, 2010 ORDER DISMISSING MR. GREENSPAN, (2) TOINTERVENE, AND (3) FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION)(Shepard,Julie)
370 Filed &Entered: 11/07/2011 Proof of Service (subsequent documents)
Docket Text: Proof OF SERVICE filed by Defendants Brett C Brewer, Jim Brown, David S Carlick,Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, Andrew Sheehan, WilliamWoodward, re Joint REQUEST for Order for Shortening Time on the Parties' Joint Motion to StrikeNon-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) ForSummary Judgment or Summary AdjudicationJoint REQUEST for Order for Shortening Time on theParties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2)To Intervene, and (3) For Summary Judgment or Summary AdjudicationJoint REQUEST for Order forShortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To SetAside the Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary AdjudicationJointREQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party BradGreenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) For Summary Judgmentor Summary Adjudication[369], Joint MOTION to Strike MOTION for Order for Fraud Upon TheCourt 60B3[362], Memorandum in Support of Motion[361], MOTION to Intervene[360], Memorandumin Support of Motion[363]Joint MOTION to Strike MOTION for Order for Fraud Upon The Court60B3[362], Memorandum in Support of Motion[361], MOTION to Intervene[360], Memorandum inSupport of Motion[363]Joint MOTION to Strike MOTION for Order for Fraud Upon The Court60B3[362], Memorandum in Support of Motion[361], MOTION to Intervene[360], Memorandum inSupport of Motion[363][368] served on 11-7-11. (Shepard, Julie)
371 Filed &Entered: 11/07/2011 Proof of Service (subsequent documents)
Docket Text: Proof OF SERVICE filed by Defendants Brett C Brewer, Jim Brown, David S Carlick,Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, Andrew Sheehan, WilliamWoodward, re Joint REQUEST for Order for Shortening Time on the Parties' Joint Motion to StrikeNon-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) ForSummary Judgment or Summary AdjudicationJoint REQUEST for Order for Shortening Time on theParties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To Set Aside the Judgment, (2)To Intervene, and (3) For Summary Judgment or Summary AdjudicationJoint REQUEST for Order forShortening Time on the Parties' Joint Motion to Strike Non-Party Brad Greenspan's Motions (1) To SetAside the Judgment, (2) To Intervene, and (3) For Summary Judgment or Summary AdjudicationJointREQUEST for Order for Shortening Time on the Parties' Joint Motion to Strike Non-Party BradGreenspan's Motions (1) To Set Aside the Judgment, (2) To Intervene, and (3) For Summary Judgmentor Summary Adjudication[369], Joint MOTION to Strike MOTION for Order for Fraud Upon TheCourt 60B3[362], Memorandum in Support of Motion[361], MOTION to Intervene[360], Memorandumin Support of Motion[363]Joint MOTION to Strike MOTION for Order for Fraud Upon The Court60B3[362], Memorandum in Support of Motion[361], MOTION to Intervene[360], Memorandum inSupport of Motion[363]Joint MOTION to Strike MOTION for Order for Fraud Upon The Court60B3[362], Memorandum in Support of Motion[361], MOTION to Intervene[360], Memorandum inSupport of Motion[363][368] served on 11-7-11. (Shepard, Julie)
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Entered: 11/07/2011
Terminated: 01/12/2012Docket Text: NOTICE OF MOTION AND MOTION to Strike Trafelet & Company's Proposal re Planof Allocation Response (non-motion)[367] filed by Plaintiff Jim Brown. Motion set for hearing on12/12/2011 at 09:30 AM before Judge George H. King. (Attachments: # (1) Proposed Order)(Baron,Randall)
373 Filed &Entered: 11/07/2011 Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support of MOTION to Strike Trafelet & Company's Proposal rePlan of Allocation Response (non-motion)[367] MOTION to Strike Trafelet & Company's Proposal rePlan of Allocation Response (non-motion)[367][372] filed by Plaintiff Jim Brown. (Baron, Randall)
374 Filed &Entered: 11/07/2011
Terminated: 11/14/2011
Request for Order
Docket Text: REQUEST for Order for Shorten Time on Hearing Plaintiff's Motion to Strike Trafelet &Company's Proposal re Plan of Allocation or, in the Alternative, Response Thereto filed by Plaintiff JimBrown. (Attachments: # (1) Proposed Order)(Baron, Randall)
Docket Text: RESPONSE filed by Objector Trafelet & Company, LLCto Minutes of In ChambersOrder/Directive - no proceeding held,,, [357] TRAFELET & COMPANY'S PROPOSAL RE PLAN OFALLOCATION in response to 9.29.11 Minute Order (Bowse, Michael)
358 Filed &Entered: 10/28/2011 Memorandum of Points and Authorities in Support (non-motion)
Docket Text: MEMORANDUM of Points and Authorities in Support filed by Plaintiff Jim Brown.Memorandum of Law in Support of Plaintiff's Revised Plan of Allocation (Baron, Randall)
Docket Text: DECLARATION re Memorandum of Points and Authorities in Support (non-motion)[358] Declaration of Randall J. Baron in Support of Plaintiff's Revised Plan of Allocation filedby Plaintiff Jim Brown. (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) ExhibitP)(Baron, Randall)
Docket Text: NOTICE OF MOTION AND MOTION to Intervene filed by movant Brad Greenspan.Motion set for hearing on 11/28/2011 at 09:30 AM before Judge George H. King. Lodged proposedorder and 2 boxes of docs. (bm)
Docket Text: NOTICE OF MOTION For Fraud Upon The Court 60B3 filed by movant BradGreenspan. Motion set for hearing on 11/28/2011 at 09:30 AM before Judge George H. King. Lodgedproposed order. (bm)
363 Filed: 10/25/2011Entered: 10/28/2011
Memorandum in Support of Motion
Docket Text: MEMORANDUM OF POINTS AND AUTHORITES In Support Of Motion For ReliefFrom Judgment Under FRCP 60(b) filed by Movant Brad Greenspan. (Attachments: # (1) Part 2)(bm)
364 Filed: 10/25/2011Entered: 10/28/2011
Proof of Service (subsequent documents)
Docket Text: PROOF OF PERSONAL SERVICE filed by movant Brad Greenspan, served on 10/25/11.(bm)
365 Filed: 10/25/2011Entered: 10/28/2011
Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by movant Brad Greenspan, served on 10/25/11. (bm)366 Filed: 10/25/2011
Entered: 10/28/2011Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by movant Brad Greenspan, served on 10/25/11. (bm)378 Filed: 10/25/2011
Entered: 11/21/2011Terminated: 11/29/2011
Motion for Summary Judgment
Docket Text: MOTION for Summary Judgment or Adjudication filed by Movant Brad Greenspan. (ir)379 Filed: 10/25/2011
Entered: 11/21/2011Memorandum in Support of Motion
Docket Text: MEMORANDUM of Points and Authorities in Support of Motion for Summary Judgmentor Adjudication [378] filed by Movant Brad Greenspan. (ir)
380 Filed: 10/25/2011Entered: 11/21/2011
Memorandum in Support of Motion
Docket Text: MEMORANDUM of Points and Authorities in Support of Motion for Summary Judgmentor Adjudication [378] filed by Movant Brad Greenspan. (ir)
381 Filed: 10/25/2011Entered: 11/21/2011
Statement (Motion related)
Docket Text: STATEMENT of Uncontroverted Facts [378] filed by Movant Brad Greenspan. (ir)382 Filed: 10/25/2011
Entered: 11/21/2011Declaration (non-motion)
Docket Text: DECLARATION of lay opinion testimony damages due class under Rule 701 by Brad D
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Greenspan, CEO, Director, Founder paid search division, Head of M&A thru 10/30/03 and onlyexecutive to have a completed a Google vs. Yahoo search auction. (ir)
384 Filed: 10/25/2011Entered: 11/21/2011
Memorandum in Support of Motion
Docket Text: MEMORANDUM of Points and Authories in support of motion for relief from judgmentunder FRCP 60(b)[378] filed by Movant Brad Greenspan. (ir)
385 Filed: 10/25/2011Entered: 11/21/2011
Memorandum in Support of Motion
Docket Text: MEMORANDUM of Points and Authorities in Support of Motion to Intervene [360] filedby Movant Brad Greenspan. (ir)
386 Filed: 10/25/2011Entered: 11/22/2011
Declaration (non-motion)
Docket Text: DECLARATION of Brad Greenspan filed by Movant Brad Greenspan. (Attachments: #(1) Part 2, # (2) Part 3)(ir)
387 Filed: 10/25/2011Entered: 11/22/2011
Declaration (non-motion)
Docket Text: RULE 701 DECLARATION of Lay Witness and Damages Valuation filed by MovantBrad Greenspan. (ir)
388 Filed: 10/25/2011Entered: 11/22/2011
Declaration (non-motion)
Docket Text: DECLARATION of Brad Greenspan (Exhibits Numbers 1-6) filed by Movant BradGreenspan. (ir)
389 Filed: 10/25/2011Entered: 11/22/2011
Declaration (non-motion)
Docket Text: DECLARATION of Brad Greenspan (Exhibits Numbers 7-13) filed by Movant BradGreenspan. (ir)
356 Filed &Entered: 09/29/2011 Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronicallyfiled documents: The document is accepted as filed RE: Request for Status Conference [353]. (ir)
357 Filed &Entered: 09/29/2011 Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTE: (In Chambers) Order re: Joint Brief Regarding Trafelets Oral Objection to theProposed Settlement [348]: Therefore, we REJECT the settlement insofar as the Plan of Allocation isnot fair, adequate, and reasonable as presently constituted because it does not allow the SellingMembers to share in the proceeds, but the Settlement Agreement requires them to release theirclaims.The Parties SHALL propose a new Plan of Allocation within thirty (30) days hereof, and we willconsider it at that time. Even though we conclude that it cannot be said that the Selling Members haveno viable claim, we do not purport to suggest the realistic value of any claim they might have in light ofany potential difficulties of proof of liability and/or damages. After reviewing the new plan, we willissue such other orders as may be appropriate IT IS SO ORDERED by Judge George H. King. (ir)
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355 Filed &Entered: 09/22/2011 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Requestfor Status Conference [353]. The following error(s) was found: Incorrect event selected. Other error(s)with document(s) are specified below. The correct event is: Requests-Order. Other error(s) withdocument(s): Proposed order was not submitted as a separate, additional attachment to the Request. Inresponse to this notice the court may order (1) an amended or correct document to be filed (2) thedocument stricken or (3) take other action as the court deems appropriate. You need not take any actionin response to this notice unless and until the court directs you to do so. (bm)
Docket Text: Joint Request for Status Conference filed by Plaintiff Jim Brown (Gusikoff Stewart, Ellen)354 Filed &
Entered: 09/21/2011 Declaration (non-motion)
Docket Text: DECLARATION re Miscellaneous Document[353] Declaration of Lara McDermottRegarding Claims Processing filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen)
352 Filed &Entered: 09/16/2011 Notice of Change of Attorney Information (G-06)
Docket Text: NOTICE of Change of Attorney Information for attorney Michael A Bowse counsel forObjector Trafelet & Company, LLC. Changing firm name to BROWNE GEORGE ROSS LLP.Changing email to [email protected]. Filed by Objector Trafelet & Company, LLC (Bowse,Michael)
351 Filed &Entered: 09/06/2011 Notice of Filing Transcript (G-46)
Docket Text: NOTICE OF FILING TRANSCRIPT filed for proceedings May 16, 2011; 9:41 a.m.(Rickey, Mary R.)
350 Filed &Entered: 08/03/2011 Transcript (CV)
Docket Text: TRANSCRIPT for proceedings held on May 16, 2011; 9:41 a.m. Court Reporter: Mary R.Rickey, [email protected]. Transcript may be viewed at the court public terminal or purchasedthrough the Court Reporter before the deadline for Release of Transcript Restriction. After that date itmay be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. RedactionRequest due 8/24/2011. Redacted Transcript Deadline set for 9/3/2011. Release of TranscriptRestriction set for 11/1/2011. (Rickey, Mary R.)
Docket Text: DECLARATION re Brief (non-motion non-appeal)[348] Declaration of Michael Joaquinre the 2009 and 2011 Notice Mailings filed by Plaintiff Jim Brown. (Baron, Randall)
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347 Filed: 06/09/2011Entered: 06/10/2011
Declaration (non-motion)
Docket Text: DECLARATION of Jeff Faber in Support of Trafelet & Co., LLC's Arguments on JointBrief filed by Objector Trafelet & Company, LLC. (bm)
346 Filed: 06/07/2011Entered: 06/08/2011
Order
Docket Text: ORDER ON STIPULATION TO EXTEND Time For Filing Joint Brief From June 7,2011 To June 10, 2011 by Judge George H. King, re Stipulation, [345]: Upon consideration of theStipulation To Extend Time For Filing Joint Brief From June 7, 2011 To June 10, 2011 ("Joint Brief")filed by Plaintiff Jim Brown, Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, RichardRosenblatt, James Quandt, William Woodward, Andrew Sheehan and David Carlick, and ObjectorTrafelet & Company LLC, IT IS HEREBY ORDERED that the deadline for filing the Joint Brief shallbe extended three day from June 7, 2011 to June 10, 2011. (bm)
345 Filed &Entered: 06/06/2011 Stipulation for Extension of Time to File
Docket Text: Second STIPULATION for Extension of Time to File Joint Brief from June 7, 2011 toJune 10, 2011 filed by Defendant Brett C Brewer. (Attachments: # (1) [Proposed] Order on Stipulationto Extend Time For Filing Joint Brief from June 7, 2011 to June 10, 2011)(Shepard, Julie)
344 Filed &Entered: 05/27/2011 Order
Docket Text: ORDER ON STIPULATION TO EXTEND Time For Filing Joint Brief by Judge GeorgeH. King, re Stipulation [343]: Upon consideration of the Stipulation To Extend Time For Filing JointBrief ("Joint Brief") filed by Plaintiff Jim Brown, Defendants Brett Brewer, Daniel Mosher, LawrenceMoreau, Richard Rosenblatt, James Quandt, William Woodward, Andrew Sheehan and David Carlick,and Objector Trafelet & Company LLC, IT IS HEREBY ORDERED that the deadline for filing theJoint Brief shall be extended one week from May 31, 2011 to June 7, 2011. (bm)
343 Filed &Entered: 05/25/2011 Stipulation for Extension of Time to File
Docket Text: Joint STIPULATION for Extension of Time to File Joint Brief filed by Defendants Brett CBrewer. (Attachments: # (1) Proposed Order to Extend Time for Filing Joint Brief)(Shepard, Julie)
341 Filed: 05/17/2011Entered: 05/19/2011
Notice of Document Discrepancies and Order - Rejecting
Docket Text: NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERINGReply Memorandum in support of Objector and Motion to Intervene to add new matters and claims forbenefit of class submitted by Plaintiff Brad Greenspan received on 5/13/11 is not to be filed but insteadrejected. Denial based on: Local Rule 6.1 Written notice of motion lacking or timeliness of noticeincorrect; FRCP 5(d) No Proof of service attached to documents; Party is terminated, No ProposedOrder. (ir)
342 Filed: 05/17/2011Entered: 05/19/2011
Notice of Document Discrepancies and Order - Rejecting
Docket Text: NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King: The Declarationof Jeff Faber in support of Application for leave to file motion to Intervene received on 5/16/11 is NOTto be filed, but instead REJECTED and is ORDERED TO BE returned to counsel. Denial based on:
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Local Rule 7.1-1 No Certification of Interested Parties and/or no copies; Local Rule 6.1 Written noticeof motion lacking or timeliness of notice incorrect; Lacking Application, Order, Motion. (ir)
340 Filed: 05/16/2011Entered: 05/18/2011
Order on Motion for Settlement
Docket Text: MINUTES: MOTION BY PLAINTIFF FOR FINAL APPROVAL OF CLASS ACTIONSETTLEMENT AND PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS; AND AWARD OFATTORNEYS FEESAND EXPENSES [329]: Matter called. Counsel for the parties are present. Alsopresent are counsel for objectors Trafelte Co., and David Wollin. The court hears from all counsel, anddirects further briefing. Counsel shall meet and confer in person, and file a joint brief on the issues inthe manner as directed by the Court on the record by no later than May 31, 2011. The matter will betaken under submission. The Court will issue such orders as deemed appropriate IT IS SO ORDEREDby Judge George H. King Court Reporter: Mary Riordan Rickey. (ir)
338 Filed &Entered: 05/02/2011 Response in Support of Motion
Docket Text: RESPONSE IN SUPPORT of MOTION for Settlement Approval of Final Approval ofClass Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees andExpenses[329] filed by Plaintiff Jim Brown. (Attachments: # (1) Proposed Order Judgment, # (2)Proposed Order Approving Plan of Allocation of Settlement Proceeds, # (3) Proposed Order AwardingPlaintiff's Lead Counsel's Attorneys' Fees and Expenses)(Gusikoff Stewart, Ellen)
Docket Text: DECLARATION of Michael Joaquin in Support of MOTION for Settlement Approval ofFinal Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION forAttorney Fees and Expenses[329] Supplemental Declaration of Michael Joaquin Regarding Mailing theNotice of Settlement of Class Action and the Proof of Claim and Release Form filed by Plaintiff JimBrown. (Gusikoff Stewart, Ellen)
329 Filed &Entered: 03/21/2011 Motion for Settlement
Docket Text: NOTICE OF MOTION AND MOTION for Settlement Approval of Final Approval ofClass Action Settlement and Plan of Allocation of Settlement Proceeds, MOTION for Attorney Feesand Expenses filed by Plaintiff Jim Brown. Motion set for hearing on 5/16/2011 at 09:30 AM beforeJudge George H. King. (Gusikoff Stewart, Ellen)
330 Filed &Entered: 03/21/2011 Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support of MOTION for Settlement Approval of Final Approval ofClass Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees andExpenses[329] [SETTLEMENT BRIEF] filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen)
331 Filed &Entered: 03/21/2011 Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support of MOTION for Settlement Approval of Final Approval ofClass Action Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees andExpenses[329] [FEE BRIEF] filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen)
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Entered: 03/21/2011
Docket Text: SUPPLEMENT to MOTION for Settlement Approval of Final Approval of Class ActionSettlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees andExpenses[329] [Compendium of Unreported Authorities] filed by Plaintiff Jim Brown. (GusikoffStewart, Ellen)
Docket Text: DECLARATION of Randall J. Baron in Support of MOTION for Settlement Approval ofFinal Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds MOTION forAttorney Fees and Expenses[329] filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen)
Docket Text: DECLARATION of Michael Joaquin, on Behalf of Gilardi & Co. LLC in Support ofMOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan of Allocationof Settlement Proceeds MOTION for Attorney Fees and Expenses[329] filed by Plaintiff Jim Brown.(Gusikoff Stewart, Ellen)
Docket Text: DECLARATION of Ellen Gusikoff Stewart, on Behalf of Robbins Geller Rudman &Dowd LLP in Support of MOTION for Settlement Approval of Final Approval of Class ActionSettlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees andExpenses[329] filed by Plaintiff Jim Brown. (Attachments: # (1) Exhibit A, Part 1 of 2, # (2) Exhibit A,Part 2 of 2)(Gusikoff Stewart, Ellen)
Docket Text: DECLARATION of George A. Shohet, on Behalf of Law Offices of George A. Shohet, aProfessional Corporation in Support of MOTION for Settlement Approval of Final Approval of ClassAction Settlement and Plan of Allocation of Settlement Proceeds MOTION for Attorney Fees andExpenses[329] filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen)
Docket Text: DECLARATION of Christy Goodman, on Behalf of Law Offices of Christy Goodman inSupport of MOTION for Settlement Approval of Final Approval of Class Action Settlement and Plan ofAllocation of Settlement Proceeds MOTION for Attorney Fees and Expenses[329] filed by Plaintiff JimBrown. (Gusikoff Stewart, Ellen)
327 Filed &Entered: 02/17/2011 Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTE: (In Chambers) Order re: Preliminary Approval of Class Settlement: The Courthas reviewed the Parties filings and approve them subject to two minor changes. First, in 1.7 of theAmended Stipulation of Settlement, the sentence on lines 12-14 should end with the words requestedexclusion. The Parties shall delete the last part of the sentence, on lines 13-14, whichreads or timelyand validly request exclusion in accordance with the requirements set forth in the Notice. Second, in theNotice in 19 on line 22, there is a missing close parenthesis after September 30, 2005 and before and
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briefs. The Parties are directed to correct these errors prior to giving the Notice we approved. The Courtmade two edits to the Parties [Proposed] Order. First, in 9, the Court deleted ninety (90) days from theNotice Date and inserted June 22, 2011. Second, in 16, the Court edited 2.6 and 2.7 of the Stipulation toread 3.6 and 3.7 of the Stipulation. IT IS SO ORDERED by Judge George H. King. (ir)
328 Filed &Entered: 02/17/2011 Order
Docket Text: ORDER PRELIMINARY APPROVING SETTLEMENT [326] by Judge George H. King:Plaintiff's Lead Counsel is authorized to act on behalf of the Class with respect to all act required by, orwhich may be undertaken. The Court does hereby preliminary approve the Stipulation and thesettlement set forth therein, subject to further consideration at the Settlement Hearing. A Hearing(Settlement hearing) shall be held before this Court on 5/16/11 at 9:30 am. (See document for furtherspecific details). (ir)
325 Filed &Entered: 02/07/2011 Notice of Lodging
Docket Text: NOTICE OF LODGING filed re MOTION for Settlement Approval of PreliminaryApproval of Settlement[318] (Attachments: # (1) Letter to Judge King, # (2) Proposed OrderPreliminarily Approving Settlement)(Gusikoff Stewart, Ellen)
326 Filed &Entered: 02/07/2011 Stipulation for Settlement
Docket Text: Amended STIPULATION for Settlement filed by Plaintiff Jim Brown. (Attachments: # (1)Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2, # (4) Exhibit A-3, # (5) Exhibit B)(Gusikoff Stewart,Ellen)
323 Filed &Entered: 02/02/2011 Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTE: (In Chambers) Order re: In Camera Filing and Schedule: The Court hasreviewed the in camera filing. We accept the Parties justification for maintaining the confidentiality ofthis Supplemental Agreement. The Parties are ORDERED to file edited versions of their filings byFebruary 10, 2011. They shall also file a list advising the Court of all edits. As mentioned at thehearing, in the new version provided to the Court, the Parties shall delete mention of the SupplementalAgreement in 11.1 of the Stipulation IT IS SO ORDERED by Judge George H. King. (ir)
322 Filed &Entered: 01/31/2011 Notice of Manual Filing (G-92)
Docket Text: NOTICE of Manual Filing filed by Defendant Brett C Brewer of ConfidentialSupplemental Agreement. (Shepard, Julie)
324 Filed: 01/31/2011Entered: 02/03/2011
Order on Motion for Settlement
Docket Text: MINUTES OF Motion by Plaintiff for Preliminary Approval of Settlement; [318] heldbefore Judge George H. King: Matter called. Parties are present. The Court and counsel conferregarding the "Notice" and sets date for counsel. Counsel shall lodge in camera with the court thesupplemental agreement within seven (7) days. The Court having heard from counsel, takes the abovemotion under submission. Court Reporter: Mary Rickey. (lw)
321 Filed &Entered: 12/29/2010 Response By Court to Notice of Deficiencies (G-112B)
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Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS: ORDER by Clerk of Court by Beatrice Herrera, Clerk toJudge King: The document is accepted as filed. RE: Stipulation of Settlement[317] (lw)
320 Filed &Entered: 12/28/2010 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:Stipulation of Settlement [317]. The following error(s) was found: Incorrect event selected. The correctevent is: Stipulations-Settlement. In response to this notice the court may order (1) an amended orcorrect document to be filed (2) the document stricken or (3) take other action as the court deemsappropriate. You need not take any action in response to this notice unless and until the court directsyou to do so. (bm)
318 Filed &Entered: 12/27/2010 Motion for Settlement
Docket Text: NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approvalof Settlement filed by Plaintiff Jim Brown. Motion set for hearing on 1/31/2011 at 09:30 AM beforeJudge George H. King. (Attachments: # (1) Proposed Order)(Gusikoff Stewart, Ellen)
319 Filed &Entered: 12/27/2010 Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support of MOTION for Settlement Approval of PreliminaryApproval of Settlement[318] filed by Plaintiff Jim Brown. (Gusikoff Stewart, Ellen)
Docket Text: SETTLEMENT AGREEMENT Stipulation of Settlement filed by Plaintiff Jim Brown.(Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2, # (4) Exhibit A-3, # (5) ExhibitB)(Gusikoff Stewart, Ellen)
316 Filed &Entered: 10/27/2010 Report
Docket Text: JOINT REPORT of REGARDING SETTLEMENT filed by Defendants Brett C Brewer,Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward.(Moriarty, Elizabeth)
315 Filed &Entered: 10/19/2010 Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTE: (In Chambers) Order re: Defendants Motion to Dismiss Brad Greenspan [300][302] is hereby GRANTED, and Plaintiff Greenspan is DISMISSED from this action IT IS SOORDERED by Judge George H. King. (ir)
314 Filed: 10/12/2010Entered: 10/13/2010
Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS by Courtroom Deputy Clerk of George H. King: Inaccordance with the Notice to Filer Of Deficiencies In Electronically Filed Documents REGARDING:Non-Opposition to Motion [312]. The document is accepted as filed. (jp)
313 Filed & 10/05/2010 Notice of Deficiency in Electronically Filed Documents (G-112)
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Entered: 10/05/2010
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Non-Opposition to Motion [312]. The following error(s) was found: Incorrect event selected. The correctevent is: Responses/Replies/Other Motion Related Documents-Non-Opposition to Motion. In responseto this notice the court may order (1) an amended or correct document to be filed (2) the documentstricken or (3) take other action as the court deems appropriate. You need not take any action inresponse to this notice unless and until the court directs you to do so. (bm)
312 Filed &Entered: 10/04/2010 Notice (Other)
Docket Text: NOTICE of Greenspan's Non-Opposition to Motion to Dismiss Greenspan and Requestfor Ruling filed by Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt,Richard Rosenblatt, William Woodward. (Moriarty, Elizabeth)
311 Filed &Entered: 09/24/2010 Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronicallyfiled documents: The document is accepted as filed RE: Notice of Change of Attorney Information (G-06)[308]. The docket shall reflect the title of the document in the text. (ir)
310 Filed &Entered: 09/21/2010 Order on Request to Continue
Docket Text: MINUTES: (In Chambers) Order re: Request for Continuance: Greenspans request [306][307] is hereby DENIED as moot, as Greenspan already has more than the time requested to file hisOpposition. Finally, we note that in our September 8, 2010 Order, we ordered The Rosen Law Firm,P.A. to file proof of service of the Order within seven days and likewise file the last known addressandtelephone number for Greenspan to enable opposing counsel and the Court to communicate withGreenspan while he is proceeding pro se. As of yet, no proof of service has been filed. Although theaforementioned requests from Greenspan do indicate that Greenspan is aware of the withdrawal, TheRosen Law Firm, P.A. is nonetheless ORDERED to comply with the Courts September 8, 2010Orderand to file a proof of service. Failure to do so will result in appropriate sanctions IT IS SOORDERED by Judge George H. King. (ir)
308 Filed &Entered: 09/20/2010 Notice of Change of Attorney Information (G-06)
Docket Text: NOTICE OF CHANGE OF ATTORNEY INFORMATION: Adding Amy A Laughlin ofOrrick, Herrington & Sutcliffe LLP added.(Laughlin, Amy) Modified on 9/24/2010 (ir).
309 Filed: 09/20/2010Entered: 09/21/2010
Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Noticeof Change of Attorney Information (G-06)[308]. The following error(s) was found: Other error(s) withdocument(s) are specified below. In response to this notice the court may order (1) an amended orcorrect document to be filed (2) the document stricken or (3) take other action as the court deemsappropriate. You need not take any action in response to this notice unless and until the court directsyou to do so. (ak)
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Terminated: 09/21/2010Docket Text: REQUEST FOR CONTINUANCE filed by plaintiff Brad Greenspan. (bm)
305 Filed: 09/10/2010Entered: 09/14/2010
Notice of Appearance
Docket Text: NOTICE of Appearance filed by plaintiff Brad Greenspan. (bm)306 Filed: 09/10/2010
Entered: 09/14/2010Terminated: 09/21/2010
Request to Continue
Docket Text: REQUEST FOR CONTINUANCE filed by plaintiff Brad Greenspan. (bm)304 Filed &
Entered: 09/09/2010 Order on Motion to Withdraw as Attorney
Docket Text: MINUTES: (In Chambers) Order re: Motion to Withdraw as Counsel of Record [296]:The Motion to Withdraw is hereby GRANTED. The Rosen Law Firm, P.A. is allowed to withdraw ascounsel for Greenspan contingent upon serving this Order upon Greenspan. Upon service of this Order,Greenspan SHALL be considered in pro se status unless and until, upon proper motions, the Courtauthorizes theappearance of counsel on his behalf. Greenspan SHALL comply will all orders and rulesof this Court. Rosen SHALL file proof of service of this Order on Greenspan within seven (7) dayshereof, and SHALL at that time file with the Court the last known address and telephone number forGreenspan to enable opposing counsel and the Court to communicate with Greenspan while he isproceeding pro se. Additionally, Rosen SHALL serve Greenspan with copies of Defendants BrettBrewer, Daniel Mosher, Lawrence Moreau, Richard Rosenblatt, James Quandt, and WilliamWoodwards Motion to Dismiss Greenspans Breach of Fiduciary Duty, § 14(a), § 20(a) claims, filedAugust 10, 2010 [300], and Joinder to that Motion filed by Defendants David Carlick and AndrewSheehan, also filed August 10, 2010 [302]. Rosen SHALL file with this Court within seven (7) dayshereof proof of serving this Motion and Joinder upon Greenspan. To give Greenspan an opportunity tofile his Opposition to the Motion, the hearing set for this matter on October 4, 2010 is hereby TAKENOFF CALENDAR and the hearing date is VACATED. Greenspan SHALL file any Opposition nolaterthan September 27, 2010. Defendants SHALL file their Reply no later than October 4, 2010. Thismatter will then be taken under submission without oral argument IT IS SO ORDERED by JudgeGeorge H. King. (ir)
303 Filed &Entered: 09/03/2010 Order on Motion to Withdraw as Attorney
Docket Text: MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission[296] Motion to Withdraw as Attorney: On the court's own motion, Motion for leave to withdraw ascounsel for Brad Greenspan [296], noticed for hearing on September 13, 2010, is TAKEN OFFCALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P.78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date isvacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearingdate had not been vacated. (bm)
300 Filed &Entered: 08/10/2010
Terminated: 02/16/2011
Motion to Dismiss Party
Docket Text: NOTICE OF MOTION AND MOTION to Dismiss Putative Plaintiff Brad Greenspan
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filed by Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, RichardRosenblatt, William Woodward. Motion set for hearing on 10/4/2010 at 09:30 AM before Judge GeorgeH. King. (Attachments: # (1) Proposed Order Granting Defendants' Motion to Dismiss Breach ofFiduciary Duty, Section 14(A) and Section 20(A) Claims Under FRCP 12(B)(6) as to BradGreenspan)(Javidzad, Bety)
301 Filed &Entered: 08/10/2010 Request for Judicial Notice
Docket Text: REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Putative Plaintiff BradGreenspan[300] filed by Defendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, JamesQuandt, Richard Rosenblatt, William Woodward. (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)(Javidzad, Bety)
302 Filed &Entered: 08/10/2010
Terminated: 02/16/2011
Motion for Joinder
Docket Text: NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss PutativePlaintiff Brad Greenspan[300] JOINDER IN INDIVIDUAL INTERMIX DEFENDANTS' MOTION TODISMISS THE BREACH OF FIDUCIARY DUTY, SECTIONS 14(a) AND 20(a) CLAIMS UNDERFRCP 12 (b)(6) AS TO BRAD GREENSPAN filed by Defendants David S Carlick, Andrew Sheehan.Motion set for hearing on 10/4/2010 at 09:30 AM before Judge George H. King. (Knaster, Stephen)
299 Filed &Entered: 08/06/2010 Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS [297] by Clerk of Court that document is accepted asfiled. Other: The Record shall reflect that the docket text shall indicate the propoer document. RE: JointReport Regarding Briefing Schedule [295]. (bm)
297 Filed &Entered: 08/04/2010 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: JointReport Regarding Briefing Schedule [295]. The following error(s) was found: Incorrect document isattached to the docket entry. Incorrect event selected. Other error(s) with document(s) are specifiedbelow. The correct event is: Miscellaneous Filings (Non-Motion)-Report. Other error(s) withdocument(s): Docket entry text does not match caption of attached document. In response to this noticethe court may order (1) an amended or correct document to be filed (2) the document stricken or (3)take other action as the court deems appropriate. You need not take any action in response to this noticeunless and until the court directs you to do so. (bm)
298 Filed &Entered: 08/04/2010 Order
Docket Text: ORDER ON JOINT REPORT REGARDING BRIEFING SCHEDULE by Judge GeorgeH. King: Upon consideration of the Parties' Joint Report Regarding Briefing Schedule, IT IS HEREBYORDERED that: 1) Defendants shall file their opening motion on Tuesday, August 10, 2010; 2) Mr.Greenspan shall file any opposition on Tuesday, September 7, 2010; and 3) Defendants shall file anyreply on Friday, September 17, 2010. (bm)
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295 Filed &Entered: 08/02/2010 Stipulation for Hearing
Docket Text: Joint Report Regarding Briefing Schedule filed by Defendants Brett C Brewer, LawrenceMoreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward. (Attachments: # (1)Proposed Order On Joint Report Regarding Briefing Schedule)(Javidzad, Bety) Modified on 8/6/2010(bm).
296 Filed &Entered: 08/02/2010
Terminated: 02/16/2011
Motion to Withdraw as Attorney
Docket Text: NOTICE OF MOTION AND MOTION of Laurence Rosen, Rosen Law Firm, P.A. toWithdraw as Attorney filed by class member Brad Greenspan. Motion set for hearing on 9/13/2010 at09:30 AM before Judge George H. King. (Attachments: # (1) Declaration Declaration of L. Rosen, # (2)Proposed Order Proposed Order Granting Motion to Withdraw)(Rosen, Laurence)
294 Filed &Entered: 07/21/2010 Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES OF IN CHAMBERS ORDER re: Joint Status Report Regarding FurtherMediation held before Judge George H. King: Accordingly, counsel for Plaintiff, Defendants, andGreenspan SHALL meet and confer pursuant to Local Rule 7-3 regarding the substance of any motionto exclude Greenspan from the class, and SHALL file a joint stipulation regarding the agreed-uponbriefing schedule within ten (10) days hereof. (see document for further details) (bm)
292 Filed &Entered: 07/16/2010 Status Report
Docket Text: STATUS REPORT (Joint) Regarding Further Mediation filed by Defendants Brett CBrewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt, William Woodward.(Javidzad, Bety)
293 Filed &Entered: 07/16/2010 Order
Docket Text: ORDER by Judge George H. King, re Stipulation allowing Late filing of Notice ofAppearance of Brad Greenspan [285]. Brad Greenspan shall be allowed to file a notice of appearanceand to appear in the instant action after the deadline previously set by the Court. (ir)
288 Filed &Entered: 07/08/2010 Errata
Docket Text: NOTICE OF ERRATA filed by Plaintiff Brad Greenspan. correcting Stipulation toWaive[285] (Rosen, Laurence)
289 Filed &Entered: 07/08/2010 Notice of Lodging
Docket Text: NOTICE OF LODGING filed Proposed Order re Stipulation to Waive[285](Attachments: # (1) Corrected [Proposed] Order)(Rosen, Laurence)
290 Filed &Entered: 07/08/2010 Proof of Service (subsequent documents)
Docket Text: CERTIFICATE OF SERVICE filed by plaintiff Brad Greenspan, re Errata[288],Stipulation to Waive[285], Notice of Lodging[289] served on 07/06/10 and 07/08/10. (Rosen, Laurence)
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291 Filed &Entered: 07/08/2010 Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS [287] by Clerk of Court that the document is stricken.Counsel has since filed a corrected document. RE: Certificate of Service [286]. (bm)
287 Filed &Entered: 07/07/2010 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:Certificate of Service [286]. The following error(s) was found: Title page is missing. In response to thisnotice the court may order (1) an amended or correct document to be filed (2) the document stricken or(3) take other action as the court deems appropriate. You need not take any action in response to thisnotice unless and until the court directs you to do so. (bm)
285 Filed &Entered: 07/06/2010 Stipulation to Waive
Docket Text: Joint STIPULATION to Waive Late Appearance Notice of Appearance[280] filed byPlaintiff-Class Member Brad Greenspan. (Attachments: # (1) Proposed Order Granting stipulation re:late appearance)(Rosen, Laurence)
286 Filed &Entered: 07/06/2010 Proof of Service (subsequent documents)
Docket Text: CERTIFICATE OF SERVICE filed by plaintiff Brad Greenspan, re Stipulation toWaive[285] served on 07/06/10. (Rosen, Laurence) ***DOCUMENT IS STRICKEN PURSUANT TOCOURT ORDER DATED 7/8/10, DOCUMENT [291].*** Modified on 7/8/2010 (bm).
284 Filed &Entered: 06/23/2010 Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court: The document is acceptedas filed. RE: Notice of Change of Firm Affiliation [279] (lw)
283 Filed: 06/22/2010Entered: 06/23/2010
Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronicallyfiled document: The document is accepted as filed RE: Notice to Change of Firm [279] (ir)
280 Filed &Entered: 06/18/2010 Notice of Appearance
Docket Text: Third Party NOTICE of Appearance filed by attorney Laurence M Rosen on behalf ofPlaintiff Jim Brown (Rosen, Laurence)
281 Filed &Entered: 06/18/2010 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Noticeof Change of Firm [279]. The following error(s) was found: Incorrect event selected. The correct eventis: Notices-Change of Attorney Information (G-06). In response to this notice the court may order (1)an amended or correct document to be filed (2) the document stricken or (3) take other action as thecourt deems appropriate. You need not take any action in response to this notice unless and until the
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court directs you to do so. (bm)282 Filed &
Entered: 06/18/2010 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice(Other)[279]. The following error(s) was found: Account information (new firm name and address) wasnot updated in the ECF system. Your account information must be updated immediately by going toUtilities - Maintain Your Address or Maintain Your E-mail Address. In response to this notice the courtmay order (1) an amended or correct document to be filed (2) the document stricken or (3) take otheraction as the court deems appropriate. You need not take any action in response to this notice unlessand until the court directs you to do so. (vh)
278 Filed &Entered: 06/17/2010 Order on Motion to Strike
Docket Text: MINUTES: (In Chambers) Order re Cross-Motions for Summary Judgment [213] [218][244] [251] [261]: Plaintiffs Motion for Summary Judgment is DENIED. Defendants Motion forSummary Judgment is hereby GRANTED in part and DENIED in part as set forth in this Order. Withinthirty (30) days hereof, counsel SHALL file a joint status report setting forth their views regardingfurther mediation in light of these rulings IT IS SO ORDERED by Judge George H. King. (ir)
279 Filed &Entered: 06/17/2010 Notice (Other)
Docket Text: NOTICE Notice of Change of Firm Affiliation and Withdrawal of Attorney filed byPlaintiff Jim Brown. (Goodman, Christy)
277 Filed &Entered: 06/14/2010 Notice of Document Discrepancies and Order - Rejecting
Docket Text: NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King: RejectingNotice of Appearance filed by proposed plaintiff Brad Greenspan. (bm)
274 Filed &Entered: 05/04/2010 Notice of Change of Attorney Information (G-06)
Docket Text: NOTICE of Change of Attorney Information for attorney Julie A Shepard counsel forDefendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt,William Woodward. Changing Firm Name and Email addresses to Hogan Lovells US LLP. ChangingEmail to [email protected]. Filed by Defendants Brett Brewer, Daniel Mosher, LawrenceMoreau, Richard Rosenblatt, James Quandt, and William Woodward (Shepard, Julie)
275 Filed &Entered: 05/04/2010 Notice of Change of Attorney Information (G-06)
Docket Text: NOTICE of Change of Attorney Information for attorney Elizabeth A Moriarty counsel forDefendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt,William Woodward. Filed by defendant Elizabeth A. Moriarty (Moriarty, Elizabeth)
276 Filed &Entered: 05/04/2010 Notice of Change of Attorney Information (G-06)
Docket Text: NOTICE of Change of Attorney Information for attorney Richard Lee Stone counsel forDefendants Brett C Brewer, Lawrence Moreau, Daniel L Mosher, James Quandt, Richard Rosenblatt,William Woodward. Changing firm name to Hogan Lovells US LLP. Changing e-mail to
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[email protected]. Filed by defendants Brett Brewer, Daniel Mosher, Lawrence Moreau,Richard Rosenblatt, James Quandt, William Woodward (Stone, Richard)
273 Filed &Entered: 03/25/2010 Notice (Other)
Docket Text: NOTICE of Firm Name Change filed by Plaintiff Jim Brown. (Baron, Randall)272 Filed &
Entered: 02/18/2010 Order on Motion to Strike
Docket Text: MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission[261] Motion to Strike: On the court's own motion, Plaintiff's Motion to Strike Defendant's Motion forSummary Judgment [261], noticed for hearing on February 22, 2010, is TAKEN OFF CALENDAR andwill be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date is vacated. Furtherbriefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had notbeen vacated. (bm)
Docket Text: REPLY in support MOTION to Strike Defendants' Summary Judgment Motion MOTIONfor Summary Judgment[213] MOTION to Strike Defendants' Summary Judgment Motion MOTION forSummary Judgment[213][261] filed by Plaintiff Jim Brown. (Baron, Randall)
268 Filed &Entered: 02/03/2010 Errata
Docket Text: NOTICE OF ERRATA filed by Defendants Richard Rosenblatt, James Quandt, WilliamWoodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. correcting Reply (Motion related),Reply (Motion related)[262] (Javidzad, Bety)
269 Filed &Entered: 02/03/2010 Response in Support of Motion
Docket Text: RESPONSE IN SUPPORT of MOTION for Order for Granting Defendants' Motion toExclude the Opinions and Testimony of G. William Kennedy[244] Corrected Reply Brief filed byDefendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher,Lawrence Moreau. (Javidzad, Bety)
Docket Text: Defendants' Opposition to Plaintiff's Motion to Strike Defendants' Summary JudgmentMotion; Memorandum of Points and Authorities in Support Thereof Opposition to re: MOTION toStrike Defendants' Summary Judgment Motion MOTION for Summary Judgment[213] MOTION toStrike Defendants' Summary Judgment Motion MOTION for Summary Judgment[213][261] filed byDefendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher,Lawrence Moreau. (Attachments: # (1) Declaration of Elizabeth A. Moriarty in Support of Defendants'
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Opposition to Plaintiff's Motion to Strike Defendants' Summary Judgment Motion)(Javidzad, Bety)267 Filed &
Entered: 02/01/2010 Notice (Other)
Docket Text: NOTICE OF RECENT AUTHORITY filed by Defendants Richard Rosenblatt, JamesQuandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1)Exhibit 1)(Javidzad, Bety)
265 Filed &Entered: 01/20/2010 Order on Motion for Order
Docket Text: MINUTES (IN CHAMBERS): ORDER; On the court's own motion, Defendants Motionto Exclude the Opinions and Testimony of G. Williams Kennedy [244], and Plaintiffs Motion to StrikeDefendants Motion to Exclude [251], noticed for hearing on January 25, 2010, is TAKEN OFFCALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P.78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date isvacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearingdate had not been vacated IT IS SO ORDERED by Judge George H. King. (ir)
Docket Text: REPLY Support MOTION for Order for Granting Defendants' Motion to Exclude theOpinions and Testimony of G. William Kennedy[244] filed by Defendants Richard Rosenblatt, JamesQuandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Moriarty,Elizabeth)
Docket Text: DECLARATION of Elizabeth A. Moriarty in support of MOTION for Order for GrantingDefendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy[244](Supplemental) filed by Defendants Richard Rosenblatt, James Quandt, William Woodward, Brett CBrewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1) Exhibit 1-7)(Moriarty, Elizabeth)
264 Filed &Entered: 01/15/2010 Motion Related Document
Docket Text: DEFENDANTS' SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORTOF MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF G. WILLIAM KENNEDY reMOTION for Order for Granting Defendants' Motion to Exclude the Opinions and Testimony of G.William Kennedy[244] filed by Defendants Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Moriarty, Elizabeth)
Docket Text: REPLY support of motion MOTION to Strike Defendants' Motion to Exclude theOpinions and Testimony of G. William Kennedy[251] filed by Plaintiff Jim Brown. (Attachments: # (1)Declaration of Randall J. Baron, # (2) Baron Decl., Ex. A, # (3) Baron Decl., Ex. B, # (4) Baron Decl.,Ex. C, # (5) Baron Decl., Ex. D, # (6) Baron Decl., Ex. E, # (7) Baron Decl., Ex. F)(Baron, Randall)
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Docket Text: NOTICE OF MOTION AND MOTION to Strike Defendants' Summary Judgment MotionMOTION for Summary Judgment[213] filed by Plaintiff Jim Brown. Motion set for hearing on2/22/2010 at 09:30 AM before Judge George H. King. (Attachments: # (1) Memorandum, # (2)Proposed Order)(Baron, Randall)
256 Filed &Entered: 01/04/2010 Response in Opposition to Motion
Docket Text: OPPOSITION to MOTION to Strike Defendants' Motion to Exclude the Opinions andTestimony of G. William Kennedy[251] filed by Defendants Richard Rosenblatt, James Quandt,William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1)Declaration of Elizabeth A. Moriarty in Support of Defendants' Opposition to Plaintiff's Motion toStrike Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy, # (2)Exhibit 1-7, # (3) Declaration of Bradford Cornell in Support of Defendants' Opposition to Plaintiff'sMotion to Strike Defendants' Motion to Exclude the Opinions and Testimony of G. WilliamKennedy)(Moriarty, Elizabeth)
257 Filed &Entered: 01/04/2010 Errata
Docket Text: NOTICE OF ERRATA filed by Defendants Richard Rosenblatt, James Quandt, WilliamWoodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. correcting Response in Opposition toMotion,, [256] (Moriarty, Elizabeth)
258 Filed &Entered: 01/04/2010 Response in Opposition to Motion
Docket Text: OPPOSITION to MOTION to Strike Defendants' Motion to Exclude the Opinions andTestimony of G. William Kennedy[251] (Corrected) filed by Defendants Richard Rosenblatt, JamesQuandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Moriarty,Elizabeth)
259 Filed: 01/04/2010Entered: 01/06/2010
Notice of Appearance
Docket Text: NOTICE of Appearance filed by attorney George A Shohet on behalf of Movants JohnFriedmann, Patty Pierce (mg)
255 Filed &Entered: 12/28/2009 Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronicallyfiled documents: The document is stricken. Counsel has since filed a corrected document (doc. # 254)RE: MEMORANDUM in Opposition to Motion [250] (ir)
253 Filed &Entered: 12/23/2009 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. Thefollowing error(s) was found: violation of Local Rule 11-8 Menmorandum/brief exceeding 10 pagesshall contain table of contents RE: MEMORANDUM in Opposition to Motion,, [250]. In response tothis notice the court may order (1) an amended or correct document to be filed (2) the documentstricken or (3) take other action as the court deems appropriate. (vh)
254 Filed &Entered: 12/23/2009 MEMORANDUM in Opposition to Motion
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Docket Text: MEMORANDUM in Opposition to MOTION for Order for Granting Defendants' Motionto Exclude the Opinions and Testimony of G. William Kennedy[244] Plaintiff's Corrected Oppositionto Defendants' Motion to Exclude the Opinions and Testimony of G. William Kennedy filed by PlaintiffJim Brown. (Attachments: # (1) Declaration of Dr. G. William Kennedy, # (2) Declaration of Randall J.Baron, # (3) Baron Decl. Ex. 1, # (4) Baron Decl. Ex. 2, # (5) Baron Decl. Ex. 3, # (6) Baron Decl. Ex.4, # (7) Baron Decl. Ex. 5, # (8) Baron Decl. Ex. 6, # (9) Baron Decl. Ex. 7, # (10) Baron Decl. Ex.8)(Baron, Randall)
250 Filed &Entered: 12/22/2009 MEMORANDUM in Opposition to Motion
Docket Text: MEMORANDUM in Opposition to MOTION for Order for Granting Defendants' Motionto Exclude the Opinions and Testimony of G. William Kennedy[244] filed by Plaintiff Jim Brown.(Attachments: # (1) Declaration Declaration of G. William Kennedy, # (2) Declaration Declaration ofRandall J. Baron, # (3) Baron Decl., Ex. 1, # (4) Baron Decl., Ex. 2, # (5) Baron Decl., Ex. 3, # (6)Baron Decl., Ex. 4, # (7) Baron Decl., Ex. 5, # (8) Baron Decl., Ex. 6, # (9) Baron Decl., Ex. 7, # (10)Baron Decl., Ex. 8)(Baron, Randall) *STRICKEN PURSUANT TO RESPONSE BY COURT FILED12/28/09** Modified on 12/28/2009 (ir).
251 Filed &Entered: 12/22/2009
Terminated: 06/17/2010
Motion to Strike
Docket Text: NOTICE OF MOTION AND MOTION to Strike Defendants' Motion to Exclude theOpinions and Testimony of G. William Kennedy filed by Plaintiff Jim Brown. Motion set for hearingon 1/25/2010 at 09:30 AM before Judge George H. King. (Attachments: # (1) Proposed Order, # (2)Declaration of Randall J. Baron, # (3) Baron Decl., Ex. 1, # (4) Baron Decl., Ex. 2, # (5) Baron Decl.,Ex. 3, # (6) Baron Decl., Ex. 4, # (7) Baron Decl., Ex. 5)(Baron, Randall)
252 Filed &Entered: 12/22/2009 Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support of MOTION to Strike Defendants' Motion to Exclude theOpinions and Testimony of G. William Kennedy[251] filed by Plaintiff Jim Brown. (Baron, Randall)
249 Filed &Entered: 12/14/2009 Order
Docket Text: ORDER ON STIPULATION RE CONTINUATION OF HEARING DATE ANDBRIEFING SCHEDULE ON MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF G.WILLIAM KENNEDY FILED BY DEFENDANTS by Judge George H. King: IT IS HEREBYORDERED that: 1) Plaintiff Jim Brown ("Plaintiff") may depose Bradford Cornell on the narrow topicof his declaration submitted in support of the Motion to Exclude, on December 15, 2009; 2) Defendantsmay depose G. William Kennedy on the narrow topic of any declaration he submits in Opposition tothe Motion to Exclude, on January 8, 2010; 3) The hearing on the Motion to Exclude shall be continuedfrom December 21, 2009 to January 25, 2010, or as soon thereafter as the Court is available; 4) Plaintiffwill file and serve his Opposition to the Motion to Exclude and all supporting papers on December 22,2009; and 5) Defendants will file and serve their Reply papers on January 15, 2010. (bm)
248 Filed &Entered: 12/09/2009 Stipulation to Continue
Docket Text: STIPULATION to Continue Motion to Exclude Hearing Date from December 21, 2009 toJanuary 25, 2010 Re: MOTION for Order for Granting Defendants' Motion to Exclude the Opinions and
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Testimony of G. William Kennedy[244] filed by Defendants Richard Rosenblatt, James Quandt,William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1)Proposed Order Continuing Hearing Date And Briefing Schedule On Motion To Exclude The OpinionsAnd Testimony of G. William Kennedy)(Javidzad, Bety)
244 Filed &Entered: 11/30/2009
Terminated: 06/17/2010
Motion for Order
Docket Text: NOTICE OF MOTION AND MOTION for Order for Granting Defendants' Motion toExclude the Opinions and Testimony of G. William Kennedy filed by Defendants Richard Rosenblatt,James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Motion setfor hearing on 12/21/2009 at 09:30 AM before Judge George H. King. (Attachments: # (1) ProposedOrder Granting Defendants' Motion to Exclude, # (2) Declaration Declaration of Elizabeth A. Moriartyin Support of Motion to Exclude, # (3) Exhibit 1-9 of Moriarty Declaration, # (4) Declaration ofBradford Cornell in Support of Motion to Exclude, # (5) Exhibit 1-8 of Cornell Declaration)(Javidzad,Bety)
245 Filed &Entered: 11/30/2009 Request for Judicial Notice
Docket Text: REQUEST FOR JUDICIAL NOTICE re MOTION for Order for Granting Defendants'Motion to Exclude the Opinions and Testimony of G. William Kennedy[244] filed by DefendantsRichard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, LawrenceMoreau. (Attachments: # (1) Exhibit A, # (2) Exhibit B-G)(Javidzad, Bety)
236 Filed: 11/17/2009Entered: 11/20/2009
Order
Docket Text: ORDER ON STIPULATION TO WITHDRAW APPLICATION TO FILE UNDERSEAL AND REQUESTING PERMISSION TO REPLACE ONE EXHIBIT WITHIN EVIDENTIARYAPPENDIX by Judge George H. King: NOTE CHANGES MADE BY THE COURT. Uponconsideration of the Stipulation to Withdraw Application to File Under Seal and Requesting Permissionto Replace One Exhibit Within Evidentiary Appendix ("Stipulation"), IT IS HEREBY ORDERED that(1) the Application to File Under Seal is withdrawn; and (2) Volume 9 of the Evidentiary Appendix isreplaced with the Revised Volume 9 of the Evidentiary Appendix, attached as "Exhibit A" to theStipulation which shall be publicly filed. (3) Vol 108 shall be filed in the public record. 4) The cross-motion for summary judgment and the joint statement of uncontroverted facts will also be filed in thepublic record. (bm)
237 Filed: 11/17/2009Entered: 11/23/2009
Appendix
Docket Text: SEALED DOCUMENT- Joint Evidentiary Appendix Volume 9 of 9. (Attachments: Part2, Part 3, Part 4, Part 5)(mat)
238 Filed: 11/17/2009Entered: 11/23/2009
Brief (non-motion non-appeal)
Docket Text: JOINT BRIEF RE PARTIES' CROSS MOTIONS FOR SUMMARY JUDGMENT(Attachments: # (1) Joint Brief Part 2, # (2) Joint Brief Part 3)(bm)
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Docket Text: STATEMENT OF UNCONTROVERTED FACTS filed by Defendants David S Carlick,Andrew Sheehan, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel LMosher, Lawrence Moreau, Plaintiff Jim Brown (Attachments: # (1) Statement Part 2, # (2) StatementPart 3, # (3) Statement Part 4, # (4) Statement Part 5)(bm)
240 Filed: 11/17/2009Entered: 11/24/2009
Appendix
Docket Text: JOINT EVIDENTIARY APPENDIX VOLUME 2 OF 9 (Pages 252-548) filed byDefendants David S Carlick, Andrew Sheehan, Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Plaintiff Jim Brown. (Attachments: # (1) Vol. 2,Part 2, # (2) Vol. 2, Part 3, # (3) Volume 2, Part 4, # (4) Vol. 2, Part 5, # (5) Vol. 2, Part 6, # (6) Vol. 2,Part 7) (bm)
241 Filed: 11/17/2009Entered: 11/25/2009
Appendix
Docket Text: JOINT EVIDENTIARY APPENDIX VOLUME 3 OF 9 (Pages 549-839) filed byDefendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher,Lawrence Moreau. (Attachments: # (1) Volume 3 Part 2, # (2) Volume 3 Part 3, # (3) Volume 3 Part 4,# (4) Volume 3 Part 5, # (5) Volume 3 Part 6, # (6) Volume 3 Part 7)(bm)
242 Filed: 11/17/2009Entered: 11/25/2009
Appendix
Docket Text: JOINT EVIDENTIARY APPENDIX VOLUME 5 OF 9 (Pages 1136-1436) filed byDefendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher,Lawrence Moreau. (Attachments: # (1) Volume 5 Part 2, # (2) Volume 5 Part 3, # (3) Volume 5 Part 4,# (4) Volume 5 Part 5, # (5) Volume 5 Part 6, # (6) Volume 5 Part 7) (bm)
243 Filed: 11/17/2009Entered: 11/25/2009
Appendix
Docket Text: JOINT EVIDENTIARY APPENDIX VOLUME 6 OF 8 (Pages 1427-1711) filed byDefendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher,Lawrence Moreau. (Attachments: # (1) Volume 6 Part 2, # (2) Volume 6 Part 3, # (3) Volume 6 Part 4,# (4) Volume 6 Part 5, # (5) Volume 6 Part 6, # (6) Volume 6 Part 7) (bm)
246 Filed: 11/17/2009Entered: 12/03/2009
Appendix
Docket Text: JOINT EVIDENTIARY APPENDIX VOLUME 7 OF 9 (Pages 1712 - 1961) filed byDefendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher,Lawrence Moreau. Re: (Attachments: # (1) Volume 7 Part 2, # (2) Volume 7 Part 3, # (3) Volume 7 Part4, # (4) Volume 7 Part 5, # (5) Volume 7 Part 6, # (6) Volume 7 Part 7)(bm)
247 Filed: 11/17/2009Entered: 12/03/2009
Appendix
Docket Text: JOINT EVIDENTIARY APPENDIX VOLUME 8 OF 9 (Pages 1962 - 2205) filed byDefendants Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher,Lawrence Moreau. (Attachments: # (1) Volume 8 Part 2, # (2) Volume 8 Part 3, # (3) Volume 8 Part 4,# (4) Volume 8 Part 5, # (5) Volume 8 Part 6)(bm)
234 Filed &Entered: 11/13/2009 Stipulation to Withdraw Motion/Application/Request/Ex Parte Application
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Docket Text: STIPULATION to Withdraw Motion /Application to File Under Seal and RequestingPermission to Replace One Exhibit within Evidentiary Appendix filed by Defendants RichardRosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau.(Attachments: # (1) Exhibit A Part 1, # (2) Exhibit A Part 2, # (3) Exhibit A Part 3, # (4) Exhibit A Part4, # (5) Proposed Order On Stipulation)(Javidzad, Bety)
235 Filed: 11/13/2009Entered: 11/16/2009
Order on Motion for Order
Docket Text: ORDER by Judge George H. King granting [231] Joint Motion to Approve the Form andManner of Class Notice: Upon consideration of the foregoing Motion, the papers submitted in support,and good cause appearing, IT IS HEREBY ORDERED that: The Motion is Granted. Plaintiff is toprovide notice to the Class in substantially the form as submitted as Exhibit A to the Joint Motion andconsistent with the Notice Plan submitted as Exhibit B to the Joint Motion. (bm)
233 Filed &Entered: 11/12/2009 Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER OF Deficiencies in Electronicallyfiled documents: The document is accepted as filed RE: Joint MOTION for Order for Approve theForm and Manner of Class Notice [231] (ir)
232 Filed &Entered: 11/09/2009 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. Thefollowing error(s) was found: Hearing information is missing. RE: Joint MOTION for Order forApproval of the Form and Manner of Class Notice[231]. In response to this notice the court may order(1) an amended or correct document to be filed (2) the document stricken or (3) take other action as thecourt deems appropriate. (mg)
231 Filed &Entered: 11/06/2009
Terminated: 11/13/2009
Motion for Order
Docket Text: NOTICE OF MOTION AND Joint MOTION for Order for Approve the Form and Mannerof Class Notice filed by plaintiff Jim Brown. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3)Proposed Order)(Wissbroecker, David)
230 Filed &Entered: 10/30/2009 Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES OF IN CHAMBERS ORDER re: Joint Application to File Under Seal heldbefore Judge George H. King: The Parties are hereby ORDERED to file within fourteen (14) dayshereof a joint brief specifically identifying their compelling reasons for seeking to file under seal eachredaction in the Cross-Motions for Summary Judgment, the Joint Statement of Uncontroverted Facts,and Volumes 2-3 and 5-9 of the Evidentiary Appendix. For each such redaction, the Parties must makea specific factual showing as to their claimed compelling reason for seeking to seal that portion of therecord, including discussion of all relevant factors. If the Parties fail to timely file this joint submission,we will file the unredacted versions of the Cross-Motions for Summary Judgment, the Joint Statementof Uncontroverted Facts, and Volumes 2-3 and 5-9 of the Evidentiary Appendix on the open record.The underlying Cross-Motions for Summary Judgment will not be deemed submitted until we haveruled on the sealing Application. (see document for further details) (bm)
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229 Filed: 10/28/2009Entered: 10/29/2009
Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES inElectronically filed documents: The document is accepted as filed RE: MOTION for SummaryJudgment[213], Memorandum in Support of Motion [214] MOTION for Summary Adjudication [218](ir)
228 Filed &Entered: 10/20/2009 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. Thefollowing error(s) was found: Motions, Joint Brief [213], [214], [218]. Motions are not noticed beforethe court for hearing [213], [218]. Docket entry text does not indicate that attached document is a JointBrief [214]. In response to this notice the court may order (1) an amended or correct document to befiled (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
211 Filed &Entered: 10/19/2009 Notice of Manual Filing (G-92)
Docket Text: NOTICE of Manual Filing filed by Defendants Richard Rosenblatt, James Quandt,William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau of Joint EvidentiaryAppendix, Volumes 2, 3, 5, 6, 7, 8 and 9; Statement of Uncontroverted Facts; Joint Brief Re Parties'Cross Motions for Summary Judgment;. (Shepard, Julie)
212 Filed &Entered: 10/19/2009 Notice of Lodging
Docket Text: NOTICE OF LODGING filed of Deposition Transcripts in support of Joint Brief ReParties' Cross Motions for Summary Judgment and Statement of Uncontroverted Facts pursuant reOrder[123] (Shepard, Julie)
213 Filed &Entered: 10/19/2009
Terminated: 06/17/2010
Motion for Summary Judgment
Docket Text: NOTICE OF MOTION AND MOTION for Summary Judgment filed by DefendantsRichard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, LawrenceMoreau. (Attachments: # (1) Proposed Order)(Shepard, Julie)
214 Filed &Entered: 10/19/2009 Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support of MOTION for Summary Judgment[213] (JOINT)(PUBLIC REDACTED VERSION) filed by Defendants Richard Rosenblatt, James Quandt, WilliamWoodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Shepard, Julie)
Docket Text: JOINT STATEMENT of Uncontroverted Facts Regarding MOTION for SummaryJudgment[213] (PUBLIC REDACTED VERSION) filed by Defendants Richard Rosenblatt, JamesQuandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1)Statement of Uncontroverted Facts, Part 2 of 3, # (2) Statement of Uncontroverted Facts, Part 3 of3)(Shepard, Julie)
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216 Filed &Entered: 10/19/2009 Notice of Manual Filing (G-92)
Docket Text: NOTICE of Manual Filing filed by Defendants Richard Rosenblatt, James Quandt,William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau of Joint EvidentiaryAppendix, Vol. 2, 3, 5, 6, 7, 8 and 9; Statement of Uncontroverted Facts; Joint Brief Re Parties' CrossMotions for Summary Judgment; Joint Application to File Under Seal, and [Proposed] Order. (Shepard,Julie)
217 Filed &Entered: 10/19/2009 Notice of Manual Filing (G-92)
Docket Text: NOTICE of Manual Filing filed by Defendants Richard Rosenblatt, James Quandt,William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau of Notice of LodgingDeposition Transcripts; and Deposition Transcripts.. (Shepard, Julie)
218 Filed &Entered: 10/19/2009
Terminated: 06/17/2010
Motion for Summary Adjudication
Docket Text: NOTICE OF MOTION AND MOTION for Summary Adjudication filed by plaintiff JimBrown. (Attachments: # (1) Proposed Order)(Baron, Randall)
219 Filed &Entered: 10/19/2009 Appendix
Docket Text: APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion[214](JOINT) (Attachments: # (1) Declaration of Rosenblatt, Brewer, Carlick and Moreau, # (2) Declarationof Mosher, Quandt, Sheehan, and Woodward, # (3) Exhibit 1 to 2, # (4) Exhibit 3)(Shepard, Julie)
220 Filed &Entered: 10/19/2009 Appendix
Docket Text: APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion[214](JOINT) VOLUME 2 (PUBLIC REDACTED VERSION) (Attachments: # (1) Exhibit 4, Part 1, # (2)Exhibit 4, Part 2, # (3) Exhibit 4, Part 3, # (4) Exhibit 5 to 19, # (5) Exhibit 20 to 24, # (6) Declarationof Tamny, Cornell, and Moriarty, # (7) Exhibit 25 to 26, # (8) Exhibit 27 to 29)(Shepard, Julie)
221 Filed &Entered: 10/19/2009 Appendix
Docket Text: APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion[214](JOINT) VOLUME 3 (PUBLIC REDACTED VERSION) (Attachments: # (1) Exhibit 30 to 32, # (2)Declaration of Stephen Knaster, # (3) Exhibit 33 to 38, # (4) Request for Judicial Notice, # (5) Exhibit39, # (6) Exhibit 40, # (7) Exhibit 41 to 42)(Shepard, Julie)
222 Filed &Entered: 10/19/2009 Appendix
Docket Text: APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion[214](JOINT) VOLUME 4 (Attachments: # (1) Exhibit 43, # (2) Exhibit 44, Part 1, # (3) Exhibit 44, Part 2, #(4) Exhibit 45 to 46, # (5) Exhibit 47, # (6) Exhibit 48 to 51)(Shepard, Julie)
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223 Filed &Entered: 10/19/2009 Appendix
Docket Text: APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion[214](JOINT) VOLUME 5 (PUBLIC REDACTED VERSION) (Attachments: # (1) Exhibit 52 to 53, # (2)Declaration of Brundage and Coffee, # (3) Declaration of Davidoff, Kennedy and KennedySupplemental, # (4) Exhibit 54 to 64)(Shepard, Julie)
224 Filed &Entered: 10/19/2009 Appendix
Docket Text: APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion[214](JOINT) VOLUME 6 (PUBLIC REDACTED VERSION) (Attachments: # (1) Exhibit 65 to 94, # (2)Exhibit 95, # (3) Exhibit 96 to 103, # (4) Exhibit 104 to 111, # (5) Exhibit 112, # (6) Exhibit 113 to120)(Shepard, Julie)
225 Filed &Entered: 10/19/2009 Appendix
Docket Text: APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion[214](JOINT) VOLUME 7 (PUBLIC REDACTED VERSION) (Attachments: # (1) Exhibit 121 to 125, # (2)Exhibit 126, # (3) Exhibit 127 to 149, # (4) Exhibit 150 to 170)(Shepard, Julie)
226 Filed &Entered: 10/19/2009 Appendix
Docket Text: APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion[214](JOINT) VOLUME 8 (PUBLIC REDACTED VERSION) (Attachments: # (1) Exhibit 171 to 185, # (2)Exhibit 186 to 203, # (3) Exhibit 204 to 211)(Shepard, Julie)
227 Filed &Entered: 10/19/2009 Appendix
Docket Text: APPENDIX filed by Defendants Richard Rosenblatt, James Quandt, William Woodward,Brett C Brewer, Daniel L Mosher, Lawrence Moreau. Re: Memorandum in Support of Motion[214](JOINT) VOLUME 9 (PUBLIC REDACTED VERSION) (Attachments: # (1) Exhibit 212, # (2) Exhibit213 to 233, # (3) Exhibit 234 to 246, # (4) Declaration of Baron, # (5) Exhibit 247 to 249)(Shepard,Julie)
210 Filed: 09/04/2009Entered: 09/08/2009
Order
Docket Text: ORDER ON JOINT STIPULATION RE (1) PAGE LIMITS FOR JOINT BRIEF ONCROSS MOTIONS FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION; AND(2) CONTINUANCE OF THE SUMMARY JUDGMENT CUT OFF BY SIX DAYS TO OCTOBER19, 2009 by Judge George H. King, re Stipulation [206]: Upon consideration of the Joint Stipulation Re(1) Page Limits for Joint Brief on Cross Motions for Summary Judgment and/or SummaryAdjudication; and (2) Continuance of the Summary Judgment Cut Off by Six Days to October 19, 2009,IT IS HEREBY ORDERED that (1) Collectively, the Hogan & Hartson L.L.P. Defendants' and theOrrick, Herrington & Sutcliffe LLP Defendants' motions for summary judgment and opposition to
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Plaintiff's motion for summary adjudication will not exceed 50 pages, exclusive of tables of contentsand authorities, as provided in paragraph 6 of the Order Re: Summary Judgment Motions; (2) Plaintiff'sportion of the joint brief, including his motion for summary adjudication and opposition to thedefendants summary judgment motions, will not exceed 50-pages in length, exclusive of tables ofcontents and authorities; (3) The dispositive motion deadline will be extended six (6) days fromOctober 13, 2009 to October 19, 2009. (bm)
Docket Text: Proof of Service filed by Defendants Richard Rosenblatt, James Quandt, WilliamWoodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau re: Stipulation to Exceed PageLimitation, Stipulation to Continue,,,, [206] (Dean, Asheley)
208 Filed &Entered: 09/03/2009 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. Thefollowing error(s) was found: Proof of Service [207]. Incorrect event selected. Correct event is Serviceof Subsequent Document Filings-Proof of Service (subsequent document). In response to this notice thecourt may order (1) an amended or correct document to be filed (2) the document stricken or (3) takeother action as the court deems appropriate. (bm)
209 Filed: 09/03/2009Entered: 09/04/2009
Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE to Filer of Deficiencies in Electronicallyfiled documents: The document is accepted as filed RE: Miscellaneous Document[207] (ir)
206 Filed &Entered: 09/02/2009 Stipulation to Exceed Page Limitation
Docket Text: Joint STIPULATION to Exceed Page Limitation as to Cross Motions for SummaryJudgment and/or Summary Adjudication, Joint STIPULATION to Continue Summary Judgment CutOff by Six Days from October 13, 2009 to October 19, 2009 filed by defendants Richard Rosenblatt,James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau.(Attachments: # (1) Proposed Order on Joint Stipulation re (1) Page Limits for Joint Brief on CrossMotions for Summary Judgment and/or Summary Adjudication; and (2) Continuance of the SummaryJudgment Cut Off by Six Days to October 19, 2009)(Dean, Asheley)
205 Filed &Entered: 08/28/2009 Order
Docket Text: ORDER DISMISSING DEFENDANT CHRISTOPHER LIPP by Judge George H. King,re Stipulation [204]: Upon consideration of the Joint Stipulation for Dismissal of DefendantChristopher Lipp, IT IS HEREBY ORDERED that Defendant Christopher Lipp is DISMISSED fromthis action without prejudice, and without costs to either party. (bm)
204 Filed &Entered: 08/25/2009 Stipulation to Dismiss Party
Docket Text: Joint STIPULATION to Dismiss Defendant Christopher S Lipp filed by DefendantChristopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel LMosher, Lawrence Moreau. (Attachments: # (1) Proposed Order Dismissing Defendant ChristopherLipp)(Shepard, Julie)
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203 Filed &Entered: 08/05/2009 Order
Docket Text: ORDER RE: TAKING OF PAUL A. GOMPERS DEPOSITION AFTER THE EXPERTDISCOVERY CUT-OFF by Judge George H. King, re Stipulation [202]: Upon consideration of theJoint Stipulation Re: Taking of Paul A. Gompers Deposition After the Expert Discovery Cut-Off filedwith the Court on August 3, 2009, by plaintiff Jim Brown and defendants Brett Brewer, Daniel Mosher,Lawrence Moreau, Christopher Lipp, Richard Rosenblatt, James Quandt, William Woodward, DavidCarlick and Andrew Sheehan, the Court orders as follows: Plaintiff may take the expert deposition ofPaul A. Gompers on August 13, 2009, after the August 4, 2009 expert discovery cut-off. (bm)
202 Filed &Entered: 08/03/2009 Stipulation for Order
Docket Text: Joint STIPULATION for Order Taking of Paul A Gompers Deposition After the ExpertDiscovery Cut-Off filed by Plaintiff Jim Brown. (Attachments: # (1) Proposed Order)(Wissbroecker,David)
201 Filed: 07/28/2009Entered: 07/29/2009
Status Conference
Docket Text: MINUTES OF (IN CHAMBERS) TELEPHONE STATUS CONFERENCE held beforeJudge George H. King: Court and counsel confer regarding expert witness Bradford Cornell. Courtmade disclosures to counsel as set forth on the record. Counsel are given an opportunity to consult withtheir respective clients, and if they so desire shall file an appropriate motion for recusal within 10 dayshereof failing, which it shall be deemed that partys/parties' waiver of any such motion. Court Reporter:Mary Riordan Rickey. (bm)
200 Filed &Entered: 07/20/2009 Notice of Reassignment of Case Due to Unavailability of Judicial Officer
(G-74) (MJ)Docket Text: NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed.The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the ChiefMagistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerkfor reassignment. This case has been reassigned to Magistrate Judge Stephen J. Hillman for anydiscovery and/or post-judgment matters that may be referred. Case number will now read CV06-03731GHK (SHx). (at)
199 Filed: 07/16/2009Entered: 07/17/2009
Order
Docket Text: ORDER by Judge George H. King upon consideration of the Joint Stipulation forDiscovery [198]. Plaintiff may take the expert deposition of Bradford Cornell on August 12, 2009, afterthe August 4, 2009 expert discovery cut-off. (ir)
198 Filed &Entered: 07/15/2009 Stipulation for Discovery
Docket Text: STIPULATION for Discovery as to Deposition of Bradford Cornell After the ExpertDiscovery Cut-Off filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, WilliamWoodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1) Proposed OrderTaking of Bradford Cornell Deposition After the Expert Discovery Cut-off)(Javidzad, Bety)
197 Filed &Entered: 06/22/2009 Minutes of In Chambers Order/Directive - no proceeding held
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Docket Text: MINUTES OF IN CHAMBERS Order re: Plaintiff's Motion For Class Certification [130]held before Judge George H. King: In our May 29, 2009 Order re: Plaintiff's Motion for ClassCertification, we required briefing from Plaintiff as to two issues regarding the precise definition of thePlaintiff class. We have now considered such briefing and rule as follows: The class SHALL be definedas: All holders of Intermix Media, Inc. ("Intermix" or the "Company") common stock, from July 18,2005 through the consummation of the sale of Intermix to News Corporation ("News Corp") at the priceof $12.00 per share on September 30, 2005 (the "Acquisition"), who were harmed by defendants'improper conduct at issue in the litigation. Excluded from the Class are defendants and any person,firm, trust, corporation or other entity related to or affiliated with any defendant. Plaintiff Jim Brown isappointed as Class representative. Although we certify the preceding class as so defined, we recognizethat there will be allocation issues if Plaintiff and the class prevail on their claims and there will only beone recovery per share. Moreover, although Defendants are rightly concerned as to preclusion issuesrelating to the plaintiffs in the related state court action, we believe it is inappropriate to rule on anypreclusion issues relating to state court plaintiffs at this time. We believe it appropriate to notify anystate court plaintiff as to the preclusion issues in the notice of class certification. We will then addresswhether the state court plaintiffs should properly be excluded, having given the state court plaintiffsnotice of any such motion to exclude, and an opportunity to respond. (bm)
195 Filed: 06/11/2009Entered: 06/12/2009
Order
Docket Text: ORDER by Judge George H. King, GRANTING Stipulation to Extend Discovery Cut-OffDate [191]. Expert discovery completion date shall be extended to 8/4/09; Private mediation completiondate shall be extended to 8/28/09; Dispositive motion completion shall be extended to 10/13/09. (ir)
192 Filed &Entered: 06/10/2009 Transcript (CV)
Docket Text: TRANSCRIPT for proceedings held on 5/19/2009 11:23 a.m.. Court Reporter/ElectronicCourt Recorder: Huntington Court Reporters & Transcription Inc., phone number (626) 792-7250.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After thatdate it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date.Redaction Request due 7/1/2009. Redacted Transcript Deadline set for 7/11/2009. Release of TranscriptRestriction set for 9/8/2009. (mo)
193 Filed &Entered: 06/10/2009 Notice of Filing Transcript (G-46)
Docket Text: NOTICE OF FILING TRANSCRIPT filed for proceedings 5/19/2009 11:23 a.m. (mo)194 Filed: 06/10/2009
Entered: 06/11/2009Order
Docket Text: ORDER by Judge George H. King upon consideration of the Joint Stipulation [190], IT ISHEREBY ORDERED that Defendants VantagePoint Venture Partners, VP Alpha Holdings IV L.L.C.,VantagePoint Venture Partners IV (Q) L.P.,VantagePoint Venture Partners IV L.P. and VantagePointVenture Partners IVPrincipals Fund L.P. are DISMISSED from this action without prejudice,andwithout costs to either party. (ir)
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Plaintiff's Motion for Class Certification (Attachments: # (1) Exhibit A)(Wissbroecker, David)190 Filed &
Entered: 06/08/2009 Stipulation to Dismiss Party
Docket Text: Joint STIPULATION to Dismiss DEFENDANTS Vantagepoint Venture Partners, VPAlpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IVPrincipals Fund LP, VantagePoint Venture filed by DEFENDANTS David S Carlick, Andrew Sheehan,Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP,Vantagepoint Venture Partners IV Principals Fund LP, VantagePoint Venture. (Attachments: # (1)Proposed Order Exhibit A)(Kramer, James)
191 Filed &Entered: 06/08/2009 Stipulation to Extend Discovery Cut-Off Date
Docket Text: Joint STIPULATION to Extend Discovery Cut-Off Date to August 4, 2009 for ExpertDiscovery Completion; August 28, 2009 for Private Mediation Completion; and October 13,2009 forDispositive Motion Completion filed by DEFENDANTS David S Carlick, Andrew Sheehan,Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP,Vantagepoint Venture Partners IV Principals Fund LP, VantagePoint Venture. (Attachments: # (1)Proposed Order)(Knaster, Stephen)
188 Filed &Entered: 05/29/2009 Order on Motion to Certify Class Action
Docket Text: MINUTES (IN CHAMBERS) Order re: Plaintiff's Motion for Class Certification by JudgeGeorge H. King granting [130] Motion to Certify Class Action: Defendants request two re-definitionsto the current proposed class definition. First, Defendants request that we modify the current classdefinition so that it reads: "All holders of Intermix Media, Inc.... who held Intermix common stockcontinuously from July 18, 2005 through the consummation of the sale of Intermix to NewsCorporation... on September 30, 2005." (italics for proposed modifications). Plaintiff, in his Reply, didnot address this requested modification. Plaintiff SHALL respond specifically to this requested re-definition within TEN (10) DAYS hereof in 3 pages or less. Second, Defendants argue that the namedplaintiffs in the state court action should be carved out of the class definition. Now that the state courtaction is final, Plaintiff SHALL address specifically why these state court plaintiffs should not becarved out as part of any class definition. Plaintiff SHALL do so in 3 pages or less within TEN (10)DAYS hereof. Although we tentatively GRANT Plaintiff's Motion for Class Certification, we do notcertify a class at this time pending consideration of the required further responses from Plaintiff. (bm)
186 Filed &Entered: 05/19/2009 Order
Docket Text: ORDER RE: TAKING OF DEWOLFE DEPOSITION AFTER THE DISCOVERY CUT-OFF IFNECESSARY by Magistrate Judge Jennifer T. Lum: Upon consideration of the Joint StipulationRe: Taking of DeWolfe Deposition After the Discovery Cut-off if Necessary, is hereby ORDERED thatin the event DeWolfe cannot be made available for his deposition prior to the discovery cut-off on May20, 2009, Plaintiff will be permitted to take and Defendants will provide a date for DeWolfes depositionas soon as practicable after that date. (ca)
187 Filed: 05/19/2009Entered: 05/22/2009
Order on Motion to Compel
Docket Text: ORDER: COURT'S RULING RE: (1) PLAINTIFF'S MOTION TO COMPELRESPONSES TO DEPOSITION QUESTIONS AND PRODUCTION OF NON-PRIVILEGED
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DOCUMENTS AND (2) DEFENDANTS' MOTION TO COMPEL INTERROGATORY RESPONSESby Magistrate Judge Jennifer T. Lum: granting [169] ; denying [178]. The hearing on this matteroccurred this date. Counsel made their appearances and the Court, having issued a tentative ruling,heard argument from counsel. Having reviewed and considered counsels arguments, the pleadings,declarations, and exhibits filed in support of and in opposition to the discovery motions. [See Order fordetails.] (san)
184 Filed &Entered: 05/18/2009 Notice (Other)
Docket Text: NOTICE OF JOINDER AND JOINDER IN DEFENDANT VANTAGEPOINT'SMOTION TO COMPEL INTERROGATORY RESPONSES filed by Intermix Defendants ChristopherS Lipp, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau.(Moriarty, Elizabeth)
Docket Text: DECLARATION of ELIZABETH A. MORIARTY re Notice (Other), Notice (Other)[184]Of Joinder And Joinder in Defendant Vantagepoint's Motion To Compel Interrogatory Responses filedby Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett CBrewer, Daniel L Mosher, Lawrence Moreau. (Moriarty, Elizabeth)
182 Filed &Entered: 05/11/2009 Order
Docket Text: ORDER RE: JOINT STIPULATION FOR WITHDRAWAL OF DEPOSITIONSUBPOENA OF BRAD GREENSPAN AND AGREEMENT NOT TO USE BRAD GREENSPAN ASA WITNESS AT TRIAL OR HIS TESTIMONY IN ANY FORM IN CONNECTION WITH ANYPARTYS SUMMARY JUDGMENT MOTION OR OPPOSITION THERTO by Judge George H. King,re Stipulation [174]: Pursuant to the Joint Stipulation filed with the Court on May 5, 2009 by PlaintiffJim Brown ("Plaintiff") and Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, ChristopherLipp, Richard Rosenblatt, James Quandt, and William Woodward (collectively, "Defendants"), theCourt orders as follows: 1) Defendants' subpoena for the deposition of and production of documents byBrad Greenspan ("Greenspan") is withdrawn; and 2) Plaintiff shall not use Greenspan as a witness attrial or his testimony in any form in connection with any party's summary judgment motion or anyopposition thereto. (bm)
183 Filed &Entered: 05/11/2009 Order
Docket Text: ORDER REGARDING PARTIES MOTIONS TO COMPEL by Magistrate Judge JenniferT. Lum, re Stipulation for Order [173]. ORDERED: 1. Any supplements to the VantagePointDefendants Motion shall be filed no later than May 6, 2009;2. Defendants shall serve their portion ofthe Joint Stipulation on Plaintiffs Motion on May 7, 2009, and cooperate with plaintiff to file PlaintiffsMotion on May 8, 2009; 3. Any supplements to Plaintiffs Motion shall be filed no later than May 11,2009, or at such a time as the Court directs; and 4. Both Plaintiffs Motion and the VantagePointDefendants Motion shall be heard on May 19, 2009 at 11:00 a.m. (ca)
177 Filed &Entered: 05/08/2009 Stipulation for Order
Docket Text: Joint STIPULATION for Order Taking of DeWolfe Deposition After the Discovery Cut-Off if Necessary filed by Plaintiff Jim Brown. (Attachments: # (1) Proposed Order)(Wissbroecker,
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David)178 Filed &
Entered: 05/08/2009
Terminated: 05/19/2009
Motion to Compel
Docket Text: NOTICE OF MOTION AND MOTION to Compel (1) Responses to DepositionQuestions; and (2) Production of Non-Privileged Documents filed by Plaintiff Jim Brown.(Attachments: # (1) Proposed Order)(Wissbroecker, David)
179 Filed &Entered: 05/08/2009 Joint Stipulation re Discovery Motion
Docket Text: JOINT STIPULATION to MOTION to Compel (1) Responses to Deposition Questions;and (2) Production of Non-Privileged Documents[178] filed by Plaintiff Jim Brown. (Wissbroecker,David)
Docket Text: DECLARATION of Elizabeth A. Moriarty In Opposition To MOTION to Compel (1)Responses to Deposition Questions; and (2) Production of Non-Privileged Documents[178] filed byDefendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett CBrewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1) Exhibit A through C)(Moriarty,Elizabeth)
Docket Text: DECLARATION of STEPHEN M. KNASTER re Supplement (non-motion), Supplement(non-motion)[175] filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint VenturePartners, Consol Defendants VP Alpha Holdings IV LLC,, VP Alpha Holdings IV LLC,, VantagepointVenture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP, ThirdParty DefendantVantagePoint Venture. (Attachments: # (1) Exhibit A)(Knaster, Stephen)
174 Filed &Entered: 05/05/2009 Stipulation to Withdraw Motion/Application/Request/Ex Parte Application
Docket Text: Joint STIPULATION to Withdraw Motion re: Withdrawal of Deposition Subpoena of
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Brad Greenspan and Agreement Not to Use Brad Greenspan as a Witness at Trial or His Testimony inAny Form in Connection With Any Party's Summary Judgment Motion or Opposition Thereto filed byDefendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett CBrewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1) Proposed Order)(Javidzad, Bety)
173 Filed &Entered: 05/04/2009 Stipulation for Order
Docket Text: STIPULATION for Order Regarding Parties' Motions to Compel filed by Plaintiff JimBrown. (Attachments: # (1) Proposed Order)(Wissbroecker, David)
169 Filed &Entered: 05/01/2009
Terminated: 05/19/2009
Motion to Compel
Docket Text: NOTICE OF MOTION AND MOTION to Compel INTERROGATORY RESPONSESfiled by Defendants VantagePoint Venture, David S Carlick, Andrew Sheehan, Vantagepoint VenturePartners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint VenturePartners IV Principals Fund LP. (Attachments: # (1) Proposed Order)(Knaster, Stephen)
170 Filed &Entered: 05/01/2009 Stipulation to Compel
Docket Text: Joint STIPULATION to Compel INTERROGATORY RESPONSES filed by DefendantsDavid S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,,Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP,VantagePoint Venture. (Attachments: # (1) Proposed Order)(Knaster, Stephen)
Docket Text: DECLARATION of David T. Wissbroecker re Stipulation to Compel, [170] filed byPlaintiff Jim Brown. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) ExhibitD)(Wissbroecker, David)
168 Filed: 04/27/2009Entered: 04/28/2009
Order
Docket Text: ORDER REGARDING PERMISSIBLE NUMBER OF DEPOSITIONS by MagistrateJudge Jennifer T. Lum, GRANTING Stipulation [167]. Upon consideration of the parties StipulationRegarding Permissible Number of Depositions (the Stipulation), the following is hereby ORDERED: 1.Plaintiff may take up to 20 depositions; and 2. Defendants will consider in good faith any request byPlaintiff for two additional depositions, in the event Plaintiff determines such depositions are necessary.
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The foregoing stipulation is approved by the Court and shall be binding on the parties hereto. (ca)167 Filed &
Entered: 04/21/2009 Stipulation for Discovery
Docket Text: STIPULATION for Discovery as to Permissible Number of Depositions filed by plaintiffJim Brown. (Attachments: # (1) Proposed Order)(Wissbroecker, David)
166 Filed: 04/07/2009Entered: 04/08/2009
Order on Ex Parte Application to Extend Discovery Cut-Off Date
Docket Text: ORDER by Judge George H. King granting [151] Plaintiff's Ex Parte Application for anExtension of Discovery Deadlines. NOTE CHANGES MADE BY THE COURT. Having consideredPlaintiff Jim Brown's Ex Parte Application for an Extension of Discovery Deadlines (the "Application"and Defendants' Opposition), good cause appearing therefore, the Court ORDERS as follows: 1. TheApplication is GRANTED; 2. The discovery deadlines are to be changed as follows: (i) the factdiscovery completion dates and expert witness designation deadline is May 20, 2009; (ii) the rebuttalwitness deadline is June 19, 2009; and (iii) the expert discovery completion date is July 20, 2009. Wedo not decide whether plaintiff is permitted to take depositions in excess of the number permitted by theRules and the parties' stipulation. Plaintiff shall present this to Judge Lum matter for her decision. (bm)
165 Filed: 04/06/2009Entered: 04/07/2009
Order
Docket Text: ORDER RE: JOINT STIPULATION FOR WITHDRAWAL OF DEPOSITIONSUBPOENA OF KREINDLER & KREINDLER, LLP AND AGREEMENT NOT TO CALLKREINDLER WITNESSES AT TRIAL by Judge George H. King, re Stipulation [160]: Pursuant to theJoint Stipulation filed with the Court on April 1, 2009, the Court orders as follows: 1) The depositionsubpoena served by defendants on the person most knowledgeable at the law firm of Kreindler &Kreindler, LLP ("Kreindler") pursuant to FRCP 30(b)(6) is withdrawn; and 2) Plaintiff shall not callany Kreindler Witness to testify as a witness at trial in this action. (bm)
164 Filed: 04/03/2009Entered: 04/06/2009
Response By Court to Notice of Deficiencies (G-112B)
Docket Text: RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS [162] by Clerk of Court the document is accepted asfiled. Other: COUNSEL HAS FILE A NOTICE OF LODGING PROPOSED ORDER. RE: JOINTSTIPULATION [160]. (bm)
162 Filed &Entered: 04/02/2009 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. Thefollowing error(s) was found: Joint Stipulation [160] was not submitted with a proposed order as aseparate attachment to the Joint Stipulation. In response to this notice the court may order (1) anamended or correct document to be filed (2) the document stricken or (3) take other action as the courtdeems appropriate. (bm)
163 Filed &Entered: 04/02/2009 Notice of Lodging
Docket Text: NOTICE OF LODGING filed of Proposed Order re Stipulation to WithdrawMotion/Application/Request/Ex Parte Application, [160] (Attachments: # (1) Proposed Order)(Shepard,Julie)
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159 Filed &Entered: 04/01/2009 Notice of Manual Filing (G-92)
Docket Text: NOTICE of Manual Filing filed by Defendants Christopher S Lipp, Richard Rosenblatt,James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau ofDefendant's Response To Plaintiff's Submission Of Additional Information In Connection With Ex ParteApplication For An Extension Of Discovery Deadlines. (Moriarty, Elizabeth)
160 Filed &Entered: 04/01/2009 Stipulation to Withdraw Motion/Application/Request/Ex Parte Application
Docket Text: Joint STIPULATION to Withdraw Motion Re: Withdrawal Of Deposition Subpoena OfKreindler & Kreindler, LLP And Agreement Not To Call Kreindler Witnesses At Trial filed byDefendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett CBrewer, Daniel L Mosher, Lawrence Moreau.(Shepard, Julie)
161 Filed &Entered: 04/01/2009 Response in Opposition to Motion
Docket Text: OPPOSITION Response To Plaintiff's Submission Of Additional Information InConnection With Ex Parte Application For An Extension Of Discovery Deadlines filed by DefendantsChristopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel LMosher, Lawrence Moreau. (Moriarty, Elizabeth)
157 Filed &Entered: 03/31/2009 Notice of Manual Filing (G-92)
Docket Text: NOTICE of Manual Filing filed by Plaintiff Jim Brown of Submission of AdditionalInformation in Connection with Ex Parte Application for Extension of Discovery Deadlines.(Wissbroecker, David)
158 Filed &Entered: 03/31/2009 Statement
Docket Text: STATEMENT Plaintiff's Submission of Additional Information in Connection with ExParte Application for Extension of Discovery Deadlines filed by Plaintiff Jim Brown (Wissbroecker,David)
156 Filed &Entered: 03/25/2009 Stipulation for Discovery
Docket Text: STIPULATION for Discovery as to Expert filed by Plaintiff Jim Brown. (Attachments: #(1) Proposed Order)(Wissbroecker, David)
149 Filed &Entered: 03/24/2009 Notice of Manual Filing (G-92)
Docket Text: NOTICE of Manual Filing filed by Defendant Brett C Brewer of (1) Defendants'Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines; (2) Decl. ofElizabeth A. Moriarty in Support of Defendants' Opposition to Plaintiff's Ex Parte Application forExtension of Discovery Deadlines (Vol. I: Exhs. A-JJ); (3) Decl. of Elizabeth A. Moriarty in Support ofDefendants' Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines (Vol. IIExhs. KK-DDD) (Exhs. only); and (4) VantagePoint Defendants' Notice of Joinder and Joinder inDefendants' Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines.(Shepard, Julie)
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150 Filed &Entered: 03/24/2009 Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by defendants Brett C Brewer, re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92)[149] (1) Defendants' Oppositionto Plaintiff's Ex Parte Application for Extension of Discovery Deadlines; (2) Decl. of Elizabeth A.Moriarty in Support of Defendants' Opposition to Plaintiff's Ex Parte Application for an Extension ofDiscovery Deadlines (Vol. I: Exhs. A-JJ); (3) Decl. of Elizabeth A. Moriarty in Support of Defendants'Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines (Vol. II: Exhs. KK-DDD) (Exhs. only); and (4) VantagePoint Defendants' Notice of Joinder and Joinder in Defendants'Opposition to Plaintiff's Ex Parte Application for Extension of Discovery Deadlines served on March24, 2009. (Shepard, Julie)
Ex Parte Application to Extend Discovery Cut-Off Date
Docket Text: EX PARTE APPLICATION to Extend Discovery Cut-Off Date filed by plaintiff JimBrown. (bm)
152 Filed: 03/24/2009Entered: 03/25/2009
Declaration (Motion related)
Docket Text: DECLARATION of David T. Wissbroecker in support of EX PARTE APPLICATIONFOR AN EXTENSION OF DISCOVERY DEADLINES [151] filed by Plaintiff Jim Brown. (bm)
153 Filed: 03/24/2009Entered: 03/25/2009
MEMORANDUM in Opposition to Motion
Docket Text: DEFENDANTS' OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION FOREXTENSION OF DISCOVERY DEADLINES [151] filed by Defendants Christopher S Lipp, RichardRosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau.(bm)
154 Filed: 03/24/2009Entered: 03/25/2009
Declaration (non-motion)
Docket Text: DECLARATION OF ELIZABETH A. MORIARTY IN SUPPORT OF DEFENDANTS'OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION FOR AN EXTENSION OFDISCOVERY DEADLINES [153] filed by Defendants Christopher S Lipp, Richard Rosenblatt, JamesQuandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1)Volume II: Exhibits KK-DDD (Exhibits Only) (bm)
155 Filed: 03/24/2009Entered: 03/25/2009
Joinder (non-motion)
Docket Text: VANTAGEPOINT DEFENDANTS' NOTICE OF JOINDER AND JOINDER INDEFENDANTS' OPPOSITION TO PLAITNIFF'S EX PARTE APPLICATION FOR EXTENSION OFDISCOVERY DEADLINES filed by Defendants David S Carlick, Andrew Sheehan, VantagepointVenture Partners, VP Alpha Holdings IV LLC, Vantagepoint Venture Partners IV LP, VantagepointVenture Partners IV Principals Fund LP joining in MEMORANDUM in Opposition to Motion, [153].(bm)
148 Filed &Entered: 03/23/2009 Notice of Manual Filing (G-92)
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Docket Text: NOTICE of Manual Filing filed by Plaintiff Jim Brown of Ex Parte Application for anExtension of Discovery Deadlines. (Wissbroecker, David)
146 Filed &Entered: 02/24/2009 Notice (Other)
Docket Text: NOTICE OF RECENT AUTHORITY filed by Defendant David S Carlick, AndrewSheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture PartnersIV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Attachments: # (1) Exhibit A)(Knaster,Stephen)
Docket Text: DECLARATION of David T. Wissbroecker in Further Support of Plaintiff's Motion forClass Certification filed by Plaintiff Jim Brown. (Attachments: # (1) Exhibit A)(Wissbroecker, David)
142 Filed &Entered: 02/06/2009 Stipulation for Protective Order
Docket Text: Joint STIPULATION for Protective Order filed by Defendants Christopher S Lipp,Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, LawrenceMoreau. (Attachments: # (1) Exhibit A, # (2) Proposed Order)(Moriarty, Elizabeth)
143 Filed: 02/06/2009Entered: 02/11/2009
Order
Docket Text: PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION by MagistrateJudge Jennifer T. Lum, GRANTING Stipulation for Protective Order, [142]. (ca)
139 Filed &Entered: 01/14/2009 MEMORANDUM in Opposition to Motion
Docket Text: MEMORANDUM in Opposition to MOTION to Certify Class[130] filed by DefendantsDavid S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, Consol Defendants VP AlphaHoldings IV LLC,, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, VantagepointVenture Partners IV Principals Fund LP. (Knaster, Stephen)
Docket Text: DECLARATION of STEPHEN M. KNASTER IN SUPPORT OF OPPOSITION TOMOTION to Certify Class[130] filed by Defendants David S Carlick, Andrew Sheehan, VantagepointVenture Partners, Consol Defendants VP Alpha Holdings IV LLC,, VP Alpha Holdings IV LLC,,Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP.(Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6)Exhibit F)(Knaster, Stephen)
141 Filed &Entered: 01/14/2009 Request for Judicial Notice
Docket Text: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO CLASS
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CERTIFICATION filed by Defendant David S Carlick, Andrew Sheehan, Vantagepoint VenturePartners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint VenturePartners IV Principals Fund LP. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4)Exhibit 4)(Knaster, Stephen)
138 Filed: 12/30/2008Entered: 12/31/2008
Order
Docket Text: MEMORANDUM AND ORDER by Magistrate Judge Paul L. Abrams for MagistrateJennifer T. Lum re Parties' Stipulation and Proposed Protective Order[135]. The Court has received andconsidered the parties' Stipulation and Proposed Protective Order. The Court is unable to adopt theProtective Order as stipulated to by the parties for the following reasons: [See Order for details.] (ch)
136 Filed &Entered: 12/19/2008 Transcript (CV)
Docket Text: TRANSCRIPT for proceedings held on 10/20/08 1:37 p.m.. Court Reporter/ElectronicCourt Recorder: Mary R. Rickey, phone number 213-620-0488. Transcript may be viewed at the courtpublic terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadlinefor Release of Transcript Restriction. After that date it may be obtained through PACER. Notice ofIntent to Redact due within 7 days of this date. Redaction Request due 1/9/2009. Redacted TranscriptDeadline set for 1/19/2009. Release of Transcript Restriction set for 3/19/2009. (Rickey, Mary)
137 Filed &Entered: 12/19/2008 Notice of Filing Transcript (G-46)
Docket Text: NOTICE OF FILING TRANSCRIPT filed for proceedings 10/20/08 1:37 pm (Rickey,Mary)
135 Filed &Entered: 12/18/2008 Stipulation for Protective Order
Docket Text: STIPULATION for Protective Order filed by Defendants Christopher S Lipp, RichardRosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau.(Attachments: # (1) Exhibit A, # (2) Proposed Order)(Moriarty, Elizabeth)
130 Filed &Entered: 11/14/2008
Terminated: 05/29/2009
Motion to Certify Class Action
Docket Text: NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Jim Brown.(Attachments: # (1) [Proposed] Order Granting Plaintiff's Motion for Class Certification)(Wissbroecker,David)
131 Filed &Entered: 11/14/2008 Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support of MOTION to Certify Class[130] filed by Plaintiff JimBrown. (Wissbroecker, David)
128 Filed &Entered: 11/12/2008 Notice of Deficiency in Electronically Filed Documents (G-112)
Docket Text: NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. Thefollowing error(s) was found: REQUEST for Partial Summary Judgment as to REQUEST FORCLARIFICATION REGARDING BRIEFING ON DEFENDANTS' MOTION FOR PARTIAL
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SUMMARY JUDGMENT [127] has incorrect document attached to the docket entry. Documentattached is not a Motion for Summary Judgment, it is a Request for Clarification. Correct event isMotions and Related Filings-Requests-Order. Proposed order was not submitted as an attachment to theRequest for Clarification In response to this notice the court may order (1) an amended or correctdocument to be filed (2) the document stricken or (3) take other action as the court deems appropriate.(bm)
126 Filed &Entered: 11/10/2008 Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES OF IN CHAMBERS ORDER held before Judge George H. King reDefendants' Motion for Partial Summary Judgment [115]: This matter is before the Court onDefendants' Motion for Partial Summary Judgment (the "Motion"). We have considered the papers filedin support of and in opposition to these Motions, and deem this matter appropriate for resolutionwithout oral argument. Local Rule 7-15. As the parties are familiar with the facts, we will not restatethem except as necessary. Accordingly, we rule as follows. To the extent the Motion seeks summaryjudgment on the basis of questions of law, we conclude that this is a reargument of issues decided inour Order of July 14, 2008. As there has been no material change in the facts previously presented, norchange in the law, this Motion is improper under Local Rule 7-18. To the extent the Motion seekssummary judgment on the factual basis that damages cannot be proven, we conclude that the Motion ispremature as the factual record is not yet developed. See Fed. R. Civ. P. 56(f). Thus, Defendants'Motion is DENIED without prejudice. (bm)
127 Filed &Entered: 11/10/2008 Request for Partial Summary Judgment
Docket Text: REQUEST for Partial Summary Judgment as to REQUEST FOR CLARIFICATIONREGARDING BRIEFING ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENTfiled by Defendants Brett C Brewer. Request set for hearing on 11/10/2008 at 09:30 AM before JudgeGeorge H. King. (Shepard, Julie)
125 Filed &Entered: 11/07/2008 Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES OF (IN CHAMBERS) ORDER by Judge George H. King: re: MOTION forfor Partial Summary Judgment[115] MOTION for Joinder in MOTION for Partial SummaryJudgment[119]. On the court's own motion, Defendants Motion for Partial Summary Judgment, noticedfor hearing on November 10, 2008, is hereby taken off calendar and will be taken under submissionwithout oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance bycounsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed inaccordance with Local Rules as if the noticed hearing date had not been vacated.IT IS SO ORDERED.(bh)
123 Filed &Entered: 10/30/2008 Order
Docket Text: ORDER REGARDING SUMMARY JUDGMENT MOTIONS (See document for furtherdetails) by Judge George H. King. (ir)
121 Filed &Entered: 10/27/2008 MEMORANDUM in Opposition to Motion
Docket Text: MEMORANDUM in Opposition to MOTION for Joinder in MOTION for PartialSummary Judgment[115] MOTION for Joinder in MOTION for Partial Summary Judgment[115][119],
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MOTION for Partial Summary Judgment[115] PLAINTIFF'S MEMORANDUM OF POINTS ANDAUTHORITIES IN OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARYJUDGMENT, OR IN THE ALTERNATIVE, PLAINTIFF'S APPLICATION FOR DENIAL ORCONTINUANCE PURSUANT TO RULE 56(f) filed by Plaintiff Jim Brown. (Attachments: # (1)Affidavit Affidavit of David T. Wissbroecker, # (2) Plaintiff's Statement of Genuine Issues of MaterialFact)(Wissbroecker, David)
122 Filed: 10/20/2008Entered: 10/28/2008
Scheduling Conference
Docket Text: MINUTES OF Scheduling Conference Order held before Judge George H. King: Mattercalled. Parties present. The Court conducts scheduling conference with counsel. The court sets thefollowing scheduling order: 1. Motion for Class Certification shall be filed by no later than November14, 2008. Opposition shall be filed by no later than January 14, 2009. Reply shall be filed by no laterthan February 13, 2009. Motion will be taken under submission unless otherwise ordered by the Court.2. All fact discovery shall be COMPLETED by no later than April 20, 2009. Completion means that anyrequest for discovery that is not received in hand by the requesting party by the completion date shall bedenied. Any discovery motion shall be filed sufficiently in advance of the completion date so as topermit compliance with any order before the completion date. 3. The parties shall designate their expertwitnesses, and make the required disclosures, by no later than April 20, 2009, and do likewise for anyrebuttal expert witnesses by no later than May 18, 2009. 4. Expert discovery shall be COMPLETED byno later than June 19, 2009. 5. The parties shall comply with Local Rule 16-15 by no later than August3, 2009. The parties elect to go for private mediation. The court approves this election. 6. Any motionfor summary judgment shall be filed in compliance with the Local Rules, as well as our Order Re:Summary Judgment Motions issued concurrently herewith, by no later than September 28, 2009 andnoticed for hearing thereafter regularly under the Local Rules. Any untimely or non-conforming motionshall be denied. The court will set pre-trial conference and trial dates, if necessary, after resolution ofany dispositive motion. Counsel are cautioned that these dates will not be extended absent a specificshowing of good cause including a recitation of the specific actions taken by counsel and specificreasons why compliance with these dates cannot be accomplished despite reasonable diligence. CourtReporter: Mary Riordan Rickey. (bm)
120 Filed &Entered: 10/07/2008 Errata
Docket Text: NOTICE OF ERRATA filed by Defendants Christopher S Lipp, Richard Rosenblatt,James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. correctingMOTION for Partial Summary Judgment[115] Correcting Appendix Of Secondary Authority(Attachments: # (1) Exhibit B)(Stone, Richard)
114 Filed &Entered: 10/06/2008 Report
Docket Text: REPORT of Parties' Planning Meeting filed by Plaintiff Jim Brown. (Oddo, Stephen)115 Filed &
Entered: 10/06/2008
Terminated: 11/10/2008
Motion for Partial Summary Judgment
Docket Text: NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed byDefendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett CBrewer, Daniel L Mosher, Lawrence Moreau. Motion set for hearing on 11/10/2008 at 09:30 AM before
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Judge George H. King. (Attachments: # (1) Appendix Of Secondary Authority, # (2) Exhibit A toAppendix Of Second Authority, # (3) Exhibit B to Appendix Of Secondary Authority, # (4) ProposedOrder Granting Defendants' Motion For Partial Summary Judgment)(Stone, Richard)
Docket Text: DECLARATION of Richard Rosenblatt In Support Of MOTION for Partial SummaryJudgment[115] filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, WilliamWoodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1) Exhibit A, # (2)Exhibit B, # (3) Exhibit C [Part 1], # (4) Exhibit C [Part 2], # (5) Exhibit C [Part 3], # (6) ExhibitD)(Stone, Richard)
117 Filed &Entered: 10/06/2008 Request for Judicial Notice
Docket Text: REQUEST FOR JUDICIAL NOTICE re MOTION for Partial Summary Judgment[115]filed by Defendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, BrettC Brewer, Daniel L Mosher, Lawrence Moreau. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3)Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Stone, Richard)
Docket Text: STATEMENT of Uncontroverted Facts And Conclusions Of Law In Support OfMOTION for Partial Summary Judgment[115] filed by Defendants Christopher S Lipp, RichardRosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau.(Stone, Richard)
119 Filed &Entered: 10/06/2008
Terminated: 11/10/2008
Motion for Joinder
Docket Text: NOTICE OF MOTION AND MOTION for Joinder in MOTION for Partial SummaryJudgment[115] filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners,VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IVPrincipals Fund LP. Motion set for hearing on 11/10/2008 at 09:30 AM before Judge George H. King.(Knaster, Stephen)
113 Filed: 08/12/2008Entered: 08/13/2008
Order
Docket Text: ORDER SETTING SCHEDULING CONFERENCE (REVISED AS OF JUNE 2007) byJudge George H. King: READ IMMEDIATELY: This matter is set for Scheduling Conference on10/20/2008 at 1:30 PM. Parties planning meeting pursuant to Rule 26(f) shall be file no later than9/19/2008. Joint Report of Parties planning meeting shall file no later than 10/6/2008. Counsel and anunrepresented party are warned that failure to comply fully and strictly with this Order may lead to theimposition of all appropriate sanctions. (jp)
111 Filed &Entered: 08/04/2008 Answer to Complaint
Docket Text: ANSWER to Consolidated Complaint[89] JURY DEMAND. CLASS ACTION -Defendants' Answer to Plaintiff's Consolidated Second Amended Complaint filed by Defendants Brett CBrewer.(Shepard, Julie)
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112 Filed &Entered: 08/04/2008 Answer to Complaint
Docket Text: ANSWER to Consolidated Complaint[89] VantagePoint Defendants' Answer to Plaintiff'sConsolidated Second Amended Complaint filed by Defendants David S Carlick, Andrew Sheehan,Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP,Vantagepoint Venture Partners IV Principals Fund LP.(Manolova, Teodora)
110 Filed: 07/14/2008Entered: 07/15/2008
Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES: (In Chambers) Order regarding Defendants' Motion to dismiss [90][91], [94];The Motions are GRANTED in part, and DENIED in part. As we have afforded Plaintiff sufficientopportunities to amend, and as we find and conclude that Count One is barred by the statute oflimitations, Count One of the CSAC is DISMISSED, with prejudice. With respect to Defendants Edelland Ward, as Count Three of the CSAC rests on the dismissed allegations of Count One, Count Threeis DISMISSED, with prejudice, as to Edell and Ward. With respect to the Investment Banks, CountTwo of the CSAC is also DISMISSED, with prejudice. Count Six of the CSAC is inadequate on itsface, and thus is also DISMISSED, with prejudice. Defendants Motions are DENIED in all otherrespects. Theremaining Defendants shall answer the remaining counts of the CSAC WITHIN TWENTY(20) DAYS HEREOF IT IS SO ORDERED by Judge George H. King (ir)
109 Filed &Entered: 06/27/2008 Notice of Change of Address
Docket Text: NOTICE of Change of Address by Rebecca M Couto attorney for Defendants RichardRosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau,changing Address to 355 South Grand Avenue, Los Angeles, California 90071-1560. Filed byDefendants Richard Rosenblatt, Brett Brewer, Lawrence Moreau, James Quandt, and WilliamWoodward (Couto, Rebecca)
107 Filed &Entered: 04/30/2008 Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES OF IN CHAMBERS ORDER held before Judge George H. King : re:MOTION to Dismiss Counts One And Six of Plaintiff's Consolidated Second Amended Complaint[91],MOTION for Joinder in MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER ANDJOINDER IN MOTION TO DISMISS COUNT I[90] MOTION for Joinder in MOTION to DismissCOUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I[94].On the court's own motion, Defendants Motion to Dismiss Count II, and Motion by Defendant VantagePoint to Dismiss Counts I & VI of the Consolidated Amended Complaint, noticed for hearing on May5, 2008, is taken off calendar and will be taken under submission without oral argument on that date.F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. Thehearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if thenoticed hearing date had not been vacated.IT IS SO ORDERED. (bh)
108 Filed: 04/30/2008Entered: 05/01/2008
Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES OF IN CHAMBERS ORDER held before Judge George H. King : On thecourt's own motion, Defendants Motion to Dismiss Count II, and Motion by Defendant VantagePoint toDismiss Counts I & VI of the Consolidated Amended Complaint, noticed for hearing on May 5, 2008,is taken off calendar and will be taken under submission without oral argument on that date. F.R.Civ.P.
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78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing date isvacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearingdate had not been vacated. IT IS SO ORDERED (es)
Docket Text: REPLY In Support Of MOTION to Dismiss COUNT II, AND NOTICE OF JOINDERAND JOINDER IN MOTION TO DISMISS COUNT I[90] filed by Defendants Christopher S Lipp,Richard Rosenblatt, James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, LawrenceMoreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, ThomasWeisel Partners LLC, Bradley G Ward. (Moriarty, Elizabeth)
Docket Text: REPLY IN SUPPORT OF MOTION to Dismiss Counts One And Six of Plaintiff'sConsolidated Second Amended Complaint[91] filed by Defendants David S Carlick, Andrew Sheehan,Vantagepoint Venture Partners, Consol Defendants VP Alpha Holdings IV LLC,, VP Alpha HoldingsIV LLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals Fund LP.(Knaster, Stephen)
102 Filed &Entered: 03/28/2008 MEMORANDUM in Opposition to Motion
Docket Text: MEMORANDUM in Opposition to MOTION to Dismiss Counts One And Six ofPlaintiff's Consolidated Second Amended Complaint[91], MOTION for Joinder in MOTION to DismissCOUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I[90]MOTION for Joinder in MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER ANDJOINDER IN MOTION TO DISMISS COUNT I[90][94], MOTION to Dismiss COUNT II, ANDNOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I[90] filed by PlaintiffJim Brown. (Wissbroecker, David)
101 Filed &Entered: 03/25/2008 Proof of Service (subsequent documents)
Docket Text: NOTICE OF SERVICE filed by Defendants Christopher S Lipp, Richard Rosenblatt,James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey ScottEdell, Bradley G Ward, re Notice of Change of Attorney Information (G-06), Notice of Change ofAttorney Information (G-06)[100] served on 03/20/2005. (Couto, Rebecca)
100 Filed &Entered: 03/18/2008 Notice of Change of Attorney Information (G-06)
Docket Text: NOTICE of Change of Attorney Information for attorney Rebecca Bree Torres counsel forDefendants Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett CBrewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G Ward. Changing e-mail [email protected]. Filed by Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, JeffreyEdell, Bradley Ward, Christopher Lipp, Richard Rosenblatt, James Quandt, and William Woodward(Torres, Rebecca)
99 Filed &Entered: 03/07/2008 Order
Docket Text: ORDER by Judge George H. King: pursuant to stipulation the following briefing schedule
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on defendants' motion to dismiss and joinders thereto no later than 3/28/0/; Plaintiffs may file a singleconsolidated oppositioin not to exceed 45 pages; Defendants shal file and serve their replies to plaintiffsopposition no later than 4/18/0/; Hearing on defendants motions and joinders [91], [90],[94] will be heldon 5/5/2008 at 09:30 AM. (ir)
96 Filed &Entered: 03/05/2008 Stipulation for Extension of Time to File Response/Reply
Docket Text: First STIPULATION for Extension of Time to File OPPOSITION AND REPLY filed byDEFENDANTS Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, Brett CBrewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G Ward. (Attachments: # (1)Proposed Order REGARDING BRIEFING ON DEFENDANTS' MOTION TO DISMISSCONSOLIDATED SECOND AMENDED COMPLAINT)(Torres, Rebecca)
97 Filed &Entered: 03/05/2008 Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by DEFENDANTS Christopher S Lipp, Richard Rosenblatt,James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey ScottEdell, Bradley G Ward, re Stipulation for Extension of Time to File Response/Reply, [96](STIPULATION) served on MARCH 5, 2008. (Torres, Rebecca)
98 Filed &Entered: 03/05/2008 Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by DEFENDANTS Christopher S Lipp, Richard Rosenblatt,James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey ScottEdell, Bradley G Ward, re Stipulation for Extension of Time to File Response/Reply, [96]([PROPOSED] ORDER) served on March 5, 2008. (Torres, Rebecca)
95 Filed &Entered: 02/29/2008 Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by Defendants David S Carlick, Richard Rosenblatt,Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP,Vantagepoint Venture Partners IV Principals Fund LP, re MOTION to Dismiss Counts One And Six ofPlaintiff's Consolidated Second Amended Complaint[91], Memorandum in Support of Motion, [92],MOTION for Joinder in MOTION to Dismiss COUNT II, AND NOTICE OF JOINDER ANDJOINDER IN MOTION TO DISMISS COUNT I[90] MOTION for Joinder in MOTION to DismissCOUNT II, AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNTI[90][94], Request for Judicial Notice,, Request for Relief, [93] served on 2/29/08. (Manolova, Teodora)
90 Filed &Entered: 02/28/2008
Terminated: 07/14/2008
Motion to Dismiss (cause or other)
Docket Text: NOTICE OF MOTION AND MOTION to Dismiss COUNT II, AND NOTICE OFJOINDER AND JOINDER IN MOTION TO DISMISS COUNT I filed by defendants Christopher SLipp, Richard Rosenblatt, James Quandt, William Woodward, Daniel L Mosher, Lawrence Moreau,Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas WeiselPartners LLC, Bradley G Ward.Motion set for hearing on 3/24/2008 at 09:30 AM before Judge GeorgeH. King. (Attachments: # (1) Proposed Order GRANTING DEFENDANTS' MOTION TO DISMISSCOUNT II OF PLAINTIFF'S CONSOLIDATED SECOND AMENDED COMPLAINT)(Moriarty,Elizabeth)
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91 Filed &Entered: 02/28/2008
Terminated: 07/14/2008
Motion to Dismiss (cause or other)
Docket Text: NOTICE OF MOTION AND MOTION to Dismiss Counts One And Six of Plaintiff'sConsolidated Second Amended Complaint filed by Defendants David S Carlick, Andrew Sheehan,Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture Partners IV LP,Vantagepoint Venture Partners IV Principals Fund LP.Motion set for hearing on 3/24/2008 at 09:30 AMbefore Judge George H. King. (Attachments: # (1) Proposed Order)(Knaster, Stephen)
92 Filed &Entered: 02/28/2008 Memorandum in Support of Motion
Docket Text: MEMORANDUM in Support of MOTION to Dismiss Counts One And Six of Plaintiff'sConsolidated Second Amended Complaint[91] filed by Defendants David S Carlick, Andrew Sheehan,Vantagepoint Venture Partners, Consol Defendants VP Alpha Holdings IV LLC,, Vantagepoint VenturePartners IV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Knaster, Stephen)
93 Filed &Entered: 02/28/2008 Request for Judicial Notice
Docket Text: REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Counts One And Six ofPlaintiff's Consolidated Second Amended Complaint[91] filed by Defendants David S Carlick, AndrewSheehan, Vantagepoint Venture Partners, VP Alpha Holdings IV LLC,, Vantagepoint Venture PartnersIV LP, Vantagepoint Venture Partners IV Principals Fund LP. (Attachments: # (1) Exhibits A -E)(Knaster, Stephen)
94 Filed &Entered: 02/28/2008
Terminated: 07/14/2008
Motion for Joinder
Docket Text: NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss COUNT II,AND NOTICE OF JOINDER AND JOINDER IN MOTION TO DISMISS COUNT I[90] filed byDefendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners, VP Alpha Holdings IVLLC,, Vantagepoint Venture Partners IV LP, Vantagepoint Venture Partners IV Principals FundLP.Motion set for hearing on 3/24/2008 at 09:30 AM before Judge George H. King. (Knaster, Stephen)
89 Filed: 02/08/2008Entered: 02/13/2008
Consolidated Complaint
Docket Text: CONSOLIDATED SECOND AMENDED COMPLAINT related to: ConsolidatedComplaint[70],filed by plaintiff Jim Brown (es)
88 Filed: 01/17/2008Entered: 01/23/2008
Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES IN CHAMBERS ORDER Re: Defendants Motion to Dismiss held beforeJudge George H. King : This matter is before the Court on Defendants Motion to Dismiss (Motion)Plaintiffs Consolidated First Amended Complaint (CFAC). Plaintiff Jim Brown is the purportedrepresentative of a class of common stockholders of Intermix Media, Inc., formerly known aseUniverse, Inc. (Intermix),1 and acquired by News Corporation (News Corp.) in 2005. Defendants aredirectors, officers, banks and institutional investors of and in Intermix from periods prior to itsacquisition by News Corp. We have considered the joint briefing and other papers filed in connectionwith this Motion, and deem this matter appropriate for resolution without oral argument. L.R. 7-15. As
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the parties are familiar with the facts, we will not restate them except as necessary. The motion isGRANTED in part, with leave to amend.2. Counts I, II, and VI of the CFAC are DISMISSED, withleave to amend. Plaintiff shall file, and serve on all Defendants, a Consolidated Second AmendedComplaint (CSAC) by no later than February 8, 2008. Defendants shall respond to the CSAC within 20days of service. If Plaintiff fails to timely file and serve a SCAC, we will dismiss this matter for lack ofprosecution. (SEE DOCUMENT FOR FURTHER DETAILS) (es)
87 Filed: 12/17/2007Entered: 12/26/2007
Statement
Docket Text: STATEMENT of Recent Decisions filed by Defendants Richard Rosenblatt, JamesQuandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau (vh)
83 Filed: 12/11/2007Entered: 12/17/2007
Notice of Document Discrepancies and Order - Rejecting
Docket Text: NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERINGNotice of Change of Attorney Information submitted by Plaintiff Jim Brown received on 12/10/07 is notto be filed but instead rejected. Denial based on: Lackint name, address, phone and facsimile numbers;no copy provided for judge. (es)
85 Filed: 12/10/2007Entered: 12/26/2007
Mail Returned
Docket Text: MAIL RETURNED addressed to Moly Roff-Sheridan at Goodman Sheridan and Roff reStipulation and Order [79] (ir)
82 Filed: 12/05/2007Entered: 12/13/2007
Notice (Other)
Docket Text: NOTICE OF TAKING Defendants' Motion to Dismiss Plaintiff's Consolidated FirstAmended Complaint off Calendar filed by Defendants Christopher S Lipp, Richard Rosenblatt, JamesQuandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell,Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC, Bradley GWard. (vh)
81 Filed &Entered: 12/04/2007 Minutes of In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES (IN CHAMBERS) ORDER by Judge George H. King : On the court's ownmotion, Defendants Motion to Dismiss Plaintiffs Consolidated First Amended Complaint[72], filedOctober 11, 2007, noticed for hearing on December 10, 2007, is taken off calendar and will be takenunder submission without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15 (formerly 7.11).No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shallbe filed in accordance with Local Rules as if the noticed hearing date had not been vacated. IT IS SOORDERED. (bh)
86 Filed: 11/27/2007Entered: 12/26/2007
Mail Returned
Docket Text: MAIL RETURNED addressed to Molly Roff-Sheridan at Goodman Sheridan & Roff reMinutes [81] (ir)
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Docket Text: MAIL RETURNED addressed to Molly Roff-Sheridan of Goodman Sheridan and Roff reStipulation and Order [79] (ir)
80 Filed: 11/01/2007Entered: 11/02/2007
Notice (Other)
Docket Text: NOTICE of Entry of Order filed by defendants Christopher S Lipp, Richard Rosenblatt,James Quandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey ScottEdell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas Weisel Partners LLC,Bradley G Ward. (es)
79 Filed: 10/30/2007Entered: 11/01/2007
Stipulation and Order
Docket Text: STIPULATION AND ORDER by Judge George H. King: Defendants Motion to dismissPlaintiffs Motion to dismiss the Plaintiffs Consolidated First Amended Complaint [78] hearing date iscontinued to 12/10/2007 at 09:30 AM (ir) Modified on 11/1/2007 (ir, ).
Docket Text: AMENDED NOTICE OF MOTION to Dismiss Plaintifffs Consolidated First AmendedComplaint filed by Defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, RichardRosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, DanielL Mosher, Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel PartnersGroup Inc, Thomas Weisel Partners LLC, Bradley G Ward.Motion set for hearing on 11/5/2007 at09:30 AM before Judge George H. King. (ir)
74 Filed &Entered: 10/13/2007 Request for Judicial Notice
Docket Text: REQUEST FOR JUDICIAL in Support of Joint Brief Regarding Defendants' Motion toDismiss the consolidated First Amended Complaint [72] Volume 1 of 4, Exhibits 1 to 8 filed bydefendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt,William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher, LawrenceMoreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, ThomasWeisel Partners LLC, Bradley G Ward. (es)
Docket Text: Defendant's Notice of Motion to Dismiss First Amended Complaint filed by defendantsDavid S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt, WilliamWoodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher, Lawrence Moreau,Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc, Thomas WeiselPartners LLC, Bradley G Ward.Motion set for hearing on 11/5/2007 at 9:30 AM before Judge GeorgeH. King. (es)
73 Filed: 10/11/2007Entered: 10/13/2007
Brief (non-motion non-appeal)
Docket Text: JOINT BRIEF Regarding Defendants Motion to Dismiss[72]. (es)75 Filed: 10/11/2007 Request for Judicial Notice
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Entered: 10/13/2007Docket Text: REQUEST FOR JUDICIAL NOTICE in Support of Joint Brief Regarding Defendants'sMotion to Dismiss the Consolidated First Amended Complaint [72] Volume 2 of 4, Exhibits 9-23 filedby defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, JamesQuandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher,Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc,Thomas Weisel Partners LLC, Bradley G Ward. (es)
76 Filed: 10/11/2007Entered: 10/13/2007
Request for Judicial Notice
Docket Text: REQUEST FOR JUDICIAL NOTICE in Support of Joint Brief Regarding Defendants'sMotion to Dismiss the Consolidated First Amended Complaint [72] Volume 3 of 4, Exhibits 24-35 [72]filed by defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, JamesQuandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher,Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc,Thomas Weisel Partners LLC, Bradley G Ward. (es)
77 Filed: 10/11/2007Entered: 10/13/2007
Request for Judicial Notice
Docket Text: REQUEST FOR JUDICIAL NOTICE in Support of Joint Brief Regarding Defendants'sMotion to Dismiss the Consolidated First Amended Complaint [72] Volume 4 of 4, Exhibits 36-47 [72]filed by defendants David S Carlick, Andrew Sheehan, Christopher S Lipp, Richard Rosenblatt, JamesQuandt, William Woodward, Vantagepoint Venture Partners, Brett C Brewer, Daniel L Mosher,Lawrence Moreau, Jeffrey Scott Edell, Montgomery & Co LLC, Thomas Weisel Partners Group Inc,Thomas Weisel Partners LLC, Bradley G Ward. (es)
71 Filed: 09/20/2007Entered: 09/24/2007
Notice of Document Discrepancies and Order - Rejecting
Docket Text: NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERINGPlaintiffs Notice of Firm Name Change submitted by Plaintiff Jim Brown received on 9/13/07 is not tobe filed but instead rejected. Denial based on: Local Rule 11-4.1; No copy to conform wassubmitted.(bho)
70 Filed: 07/11/2007Entered: 07/16/2007
Consolidated Complaint
Docket Text: CONSOLIDATED FIRST AMENDED COMPLAINT related to: Second AmendedComplaint [25] filed by Plaintiff Jim Brown. (gk)
69 Filed: 06/25/2007Entered: 06/26/2007
Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by not specified re Stipulation and Order,,, [68], Stipulationand Order,, Set Motion and R&R Deadlines, [47] served on Amended Proof of Service. (ear)
68 Filed &Entered: 06/20/2007 Stipulation and Order
Docket Text: STIPULATION AND ORDER RE BRIEFING SCHEDULE ON MOTIONS TODISMISS CONSOLIDATED FIRST AMENDED COMPLAINT by Judge George H. King: Courtorders that: (1) On 8/15/2007, the parties will meet and confer; (2) On 8/23/2007, the parties willexchange initial drafts of their motions to dismiss and opposition to those motions; (3) On 9/21/2007,
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the parties will make a second exchange of their motions ot dismiss and oppositions; (4) On 10/5/2007,the parties will conduct a final exchange of their motions to dismiss and oppositions to those motions;(5) On 10/9/2007, counsel for Defendants will circulate a final version of the merged document to allparties for review for typographical corrections only; (6) On 10/11/2007, Defendants will serve and filethe Joint Brief with the Court. (gk)
67 Filed: 06/11/2007Entered: 06/12/2007
Status Conference
Docket Text: MINUTES OF Status Conference held before Judge George H. King: The Court ordersCV 03-05603 GHK (JTLx) and CV 06-03731 GHK (JTLx) consolidated under case number CV 06-03731 GHK (JTLx). Case number CV 03-05603 GHK (JTLx) is hereby dismissed without prejudice.Plaintiffs Karl LeBoyer and Jim Brown are ordered to file a consolidated First Amended Complaint inCase Number CV 06-03731 GHK (JTLx) within 30 days hereof. Accordingly, the pending motions todismiss in this case [30], [31], [34] are denied without prejudice. The parties shall, within five dayshereof, file a stipulation and proposed ordered regarding the timing of any motion to dismiss theconsolidated First Amended Complaint. Such motion to dismiss shall be filed in a fully-integrated jointbriefing format, as discussed on the record, and shall comply with Local Rule 7-3 and all other Localand Federal Rules. The parties shall not brief the issue of staying any claim as a result of the casebefore Judge Kuhl. After resolution of the motion to dismiss, Defendants may, if approprite, bring amotion to stay. Court Reporter: John Turman. (gk)
66 Filed: 05/22/2007Entered: 05/23/2007
In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES (IN CHAMBERS) by Judge George H. King: Order re: Leboyer Defendants'[Case No. CV 03-5603 GHK (JTLx)] Motion to Dismiss that Claims Three and Eight, broughtderivatively, should be, and hereby are, dismissed. The LeBoyer parties are hereby ordered to file aJoint Status Report, within 12 days hereof, informing us of the current status of the Judge Kuhl action,including the status of any appeal of Judge Kuhl's decision. The parties in both cases are hereby orderedto appear, Set Hearings: Status Conference set for 6/11/2007 09:30 AM before Judge George H. King.The parties shall come prepared to discuss: (1) the remaining issues raised in the LeBoyer Motion toDismiss, namely the effect of Judge Kuhl's decision on the remaining two claims; (2) Possibleconsolidation of the two cases; (3) Regardless of whether the cases are consolidated, the relationshipbetween the Brown claims and the LeBoyer claims (both currently pending and dismissed); and (4) Themost efficient way of advancing both cases. We do not intend to discuss the merits of the three pendingBrown motions until further orders are issued after the status conference. Court Reporter: None. (gk, )
Filed: 02/20/2007Entered: 02/21/2007
Terminate Deadlines and Hearings
Docket Text: ***Terminated/taken off calendar 2/26/2007 hearing dates re [30], [31], [34]. (gk, )65 Filed: 02/20/2007
Entered: 02/21/2007In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES (IN CHAMBERS) ORDER by Judge George H. King: Parties are herebynotified that the case has been reassigned to the calendar of the Honorable George H. King, U.S.District Judge, for all further proceedings. The case number will read CV 06-03731 GHK (JTLx).Pending motions noticed for hearing on 2/26/2007 will be taken off calendar, however the briefingschedule shall remain as if the motion had not been taken off calendar: Motion to Dismiss Plaintiff'sSecond Amended Complaint filed by Defendants Montgomery & Co., LLC, Thomas Weisel Partners,
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LLC and Thomas Weisel Partners Group, Inc. [30]; Motion to Dismiss Plaintiff's Second AmendedComplaint filed by Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, BradleyWard Christopher Lipp, Richard Rosenblatt, James Quandt and William Woodward [31]; Motion toDismiss Plaintiff's Second Amended Class Action Complaint filed by VantagePoint Defendants DavidCarlick, Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePointVenture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint VenturePartners IV Principals Fund, L.P. [34]. Court Reporter: Not Reported. (gk, )
Filed &Entered: 02/13/2007 Create Case Association
Docket Text: Cases associated with Lead Case CV 03-5603 GHK (JTLx) (rn, )64 Filed &
Entered: 02/13/2007 Transferring Case purs GO 08-05 (Related Case (CV 34)
Docket Text: ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Case- filed.Related Case No: CV 03-5603 GHK (JTLx). Case transfered from Judge Stephen J. Hillman and JohnF. Walter to Judge George H. King and Jennifer T. Lum for all further proceedings. The case numberwill now reflect the initials of the transferee Judge CV 03-5603 GHK (JTLx).Signed by Judge GeorgeH. King (rn, )
Filed &Entered: 02/08/2007 Remark - prepared Order re GO 08-05 (related case) transfer
Docket Text: PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) byClerk; related to CV 03-5603 GHK (JTLx). (rn, )
63 Filed: 02/05/2007Entered: 02/06/2007
In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES (IN CHAMBERS) by Judge John F. Walter: The Court, on its own motion,Resetting Hearing as to Vantagepoint Defendants' Motion to Dismiss Plaintiff's Second Amended ClassAction Complaint [34], Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell,Bradley Ward Christopher Lipp, Richard Rosenblatt, James Quandt and William Woodward's Motionto Dismiss Second Amended Complaint [31], and Defendants Montgomery & Co., LLC, ThomasWeisel Partners, LLC and Thomas Weisel Partners Group, Inc. Motion to Dismiss Plaintiff's SecondAmended Complaint [30]; Motion hearings continued to 2/26/2007 at 01:30 PM before Judge John F.Walter. Court Reporter: None Present. (gk, )
62 Filed: 01/22/2007Entered: 01/30/2007
Declaration (non-motion)
Docket Text: DECLARATION of Julie A. Shepard in response re Telephone Conference,,,, ResettingMotion and R&R Deadlines,,, [58] filed by Defendants Christopher S Lipp, Richard Rosenblatt, JamesQuandt, William Woodward, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Bradley G Ward.(bp, )
60 Filed: 01/19/2007Entered: 01/29/2007
Declaration (non-motion)
Docket Text: DECLARATION of James Kramer in Response to the court's Order of January 16, 2007,[58] filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners. (shb, )
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Docket Text: DECLARATION of James Kramerin Response to the Court's Order of Janiary 16, 2007,[58] filed by Defendants David S Carlick, Andrew Sheehan, Vantagepoint Venture Partners. (shb, )
59 Filed: 01/18/2007Entered: 01/29/2007
Declaration (non-motion)
Docket Text: DECLARATION of Randall J Baron pursuant to 1/16/07 Court Order [58] filed byPlaintiff Jim Brown. (jj, )
58 Filed: 01/16/2007Entered: 01/17/2007
Telephone Conference
Docket Text: MINUTES OF Telephonic Status Conference held before Judge John F. Walter: The Courtcontinues the following motions set for hearing on 1/22/2007, Resetting hearing as to VantagePointDefendants' Motion to Dismiss Plaintiff's Second Amended Class Action Complaint [34]; DefendantBrett Brewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward, Christopher Lipp,Richard Rosenblatt, James Quandt and William Woodward's Motion to Dismiss Plaintiff's SecondAmended Complaint, Joinder in Motions to Dismiss [31]; and Defendant Montgomery Co., LLC,Thomas Weisel Partners, LLC, and Thomas Weisel Partners Group, LLC's Motion to Dismiss Plaintiff'sSecond Amended Complaint and Joinder in Intermix Defendants' Motion to Dismiss [30], Motionhearings continued to 2/12/2007 at 01:30 PM before Judge John F. Walter. Counsel shall file theirdeclarations, as directed by the Court, on or before 1/22/2007. Court Reporter: Victoria Valine. (gk, )
57 Filed &Entered: 01/12/2007 Set/Reset Hearings
Docket Text: Set Hearings: IN CHAMBERS ORDER by Judge John F. Walter: ORDER SETTINGTELEPHONIC SCHEDULING CONFERENCE. COUNSEL ARE HEREBY NOTIFIED that the abovematter is set on the Court's calendar for a telephonic status conference on January 16, 2007, at 10:00a.m. Counsel responsible for the conduct and trial of the above case shall appear via telephone. Plaintiffis directed to initiate the conference call by making sure all parties are on the line prior to contactingchambers at: (213) 894-0112. Court Reporter: None. (sr, )
52 Filed: 12/13/2006Entered: 12/14/2006
Stipulation and Order
Docket Text: STIPULATION AND ORDER by Judge John F. Walter Resetting Hearing as toDefendants' Motions to Dismiss the Second Amended Complaint [30], [31], [34]; Motion hearingscontinued to 1/22/2007 at 01:30 PM before Judge John F. Walter.(gk, )
56 Filed: 12/07/2006Entered: 12/19/2006
Proof of Service (subsequent documents)
Docket Text: AMENDED PROOF OF SERVICE filed by Defendants Thomas Weisel Partners, LLC,Thomas Weisel Group, Inc. and Montgomery & Co., LLC of Defendants' Joint Reply to Plaintiff'sOpposition to Motion to dismiss Count 2 (2005 Proxy) [55], Joint Reply Brief in Support ofDefendants' Motion to Dismiss Count 1 and 3 [54] and Reply in Support of Motion to Dismiss [53],served on 12/6/2006. (gk, )
53 Filed: 12/06/2006Entered: 12/18/2006
Reply (Motion related)
Docket Text: REPLY in Support of Motion to Dismiss [30] filed by Defendants Thomas WeiselPartners, LLC, Thomas Weisel Group, Inc. and Montgomery & Co., LLC. (gk, )
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Entered: 12/18/2006Docket Text: JOINT REPLY BRIEF in Support of Defendants' Motion to Dismiss Count 1 and 3 [30],[31], [34] filed by Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VPAlpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), VantagePoint Venture Partners IV,L.P., VantagePoint Venture Partners IV Principals Fund, L.P., Brett Brewer, Daniel Mosher, LawrenceMoreau, Jeffrey Edell, Bradley Ward, Christopher Lipp, Richard Rosenblatt, James Quandt, WilliamWoodward, Thomas Weisel Partners, LLC, Thomas Weisel Group, Inc. and Montgomery & Co., LLC.(gk, )
55 Filed: 12/06/2006Entered: 12/18/2006
Reply (Motion related)
Docket Text: JOINT REPLY to Plaintiff's Opposition to Motion to Dismiss Count 2 (2005 Proxy) [30],[31], [34] filed by Defendants David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VPAlpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), VantagePoint Venture Partners IV,L.P., VantagePoint Venture Partners IV Principals Fund, L.P., Brett Brewer, Daniel Mosher, LawrenceMoreau, Jeffrey Edell, Bradley Ward, Christopher Lipp, Richard Rosenblatt, James Quandt, WilliamWoodward, Thomas Weisel Partners, LLC, Thomas Weisel Group, Inc. and Montgomery & Co., LLC.(gk, )
49 Filed: 11/20/2006Entered: 12/07/2006
Response in Opposition to Motion
Docket Text: OPPOSITION to VantagePoint Defendants' Motion to Dismiss the Second AmendedClass Action Complaint [34] filed by Plaintiff Jim Brown (Brief 1 of 3). (gk, )
50 Filed: 11/20/2006Entered: 12/07/2006
Response in Opposition to Motion
Docket Text: OPPOSITION to Intermix Defendants' Motion to Dismiss the Second AmendedComplaint [31] filed by Plaintiff Jim Brown (Brief 2 of 3). (gk, )
51 Filed: 11/20/2006Entered: 12/07/2006
Response in Opposition to Motion
Docket Text: OPPOSITION to Defendants Montgomery Co., LLC, Thomas Weisel Partners, LLC, andThomas Weisel Partners Group, LLC's Motion to Dismiss the Second Amended Complaint [30] filedby Plaintiff Jim Brown (Brief 3 of 3). (gk, )
Entered: 11/15/2006In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES (IN CHAMBERS) DISCHARGE OF ORDER TO SHOW CAUSE RESANCTIONS by Judge John F. Walter: The Court deems that Plaintiff's Response to the Order to ShowCause re Sanctions filed 10/27/2006 is satisfactory, and orders the Order to Show Cause [38]discharged. Court Reporter: None Present. (gk, )
48 Filed: 11/14/2006Entered: 12/05/2006
Declaration (Motion related)
Docket Text: DECLARATION of DAVID T. WISSBROECKER in support of Joint Stipulation and
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Proposed order regarding briefing schedule on defendants MOTIONS to Dismiss [30] [30] [31], [34]filed by plaintiff Jim Brown. (jp)
46 Filed: 11/06/2006Entered: 11/20/2006
Response (non-motion)
Docket Text: DEFENDANTS' JOINT RESPONSE to Declaration of Davit T. Wissbroecker Submittedin Response to the Court's Order Issued 10/23/2006 [39] filed by Defendants Defendants Brett Brewer,Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward, Christopher Lipp, Richard Rosenblatt,James Quandt, William Woodward, Thomas Weisel Partners, LLC, Thomas Weisel Partners Group,Inc., Montgomery & Co, LLC, David Carlick, Andrew Sheehan, VantagePoint Venture Partners, VPAlpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture PartnersIV, L.P., and VantagePoint Venture Partners IV Principals Fund, L.P. (gk, )
44 Filed: 10/30/2006Entered: 11/10/2006
Response (non-motion)
Docket Text: DECLARATION of David T. Wissbroecker Submitted in Response filed by Plaintiff JimBrown to the Court's Order Issued 10/23/2006 [39]. (gk, )
43 Filed: 10/27/2006Entered: 11/08/2006
Response (non-motion)
Docket Text: DECLARATION of James N. Kramer in Response filed by Defendants David Carlick,Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint VenturePartners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IVPrincipals Fund, L.P. to Order to Show Cause [38]. (gk, )
38 Filed: 10/23/2006Entered: 10/24/2006
In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SANCTIONS FORFAILURE TO APPEAR AT SCHEDULING CONFERENCE by Judge John F. Walter: Mr. James N.Kramer is ordered to show cause, in writing, why sanctions should not be imposed against him forfailure to appear at the Scheduling Conference on 10/23/2006, Set Deadlines: Response to Order toShow Cause due by 10/31/2006. No oral argument will be heard unless otherwise ordered by the Court.The Order will stand submitted upon the filing of the response to the Order to Show Cause. CourtReporter: None Present. (gk, )
39 Filed: 10/23/2006Entered: 10/24/2006
Scheduling Conference
Docket Text: MINUTES OF Scheduling Conference held before Judge John F. Walter: ADR-12 issigned and filed. Court ordered the dates as indicated on Scheduling and Case Management Order filedtoday. Counsel served with Scheduling and Case Management Order on this date. Plaintiff shall file adeclaration by 10/30/2006 in accordance with the Court's comments as stated on the record. Defensecounsel shall file any response by 11/6/2006. Court Reporter: Victoria Valine. (gk, )
40 Filed: 10/23/2006Entered: 10/25/2006
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Docket Text: ORDER/REFERRAL TO ADR PILOT PROGRAM by Judge John F. Walter, caseordered to a private mediator to be completed no later than 7/5/2007.(gk, )
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Docket Text: SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter: SetDeadlines/Hearings: Jury Trial (estimated 7 days) set for 10/30/2007 08:30 AM before Judge John F.Walter. Hearing on Motions in Limine; Hearing on Disputed Jury Instructions 10/19/2007. Final PretrialConference set for 10/12/2007 10:00 AM before Judge John F. Walter. File Proposed Voir DireQuestions and Agreed-to Statement of Case 10/12/2007. Proposed Pretrial Order due by 9/28/2007.Motions in Limine to be filed by 9/28/2007. Memo of Contentions of Fact and Law; Pre-Trial ExhibitStipulation; summary of Witness Testimony and Time Estimates; File Agreed Upon Set of JuryInstructions and Verdict Forms; File Joint Statement re Disputed Instructions, Verdicts, etc. 9/28/2007.Status Report re Settlement due by 9/28/2007. Last day for hearing motions 9/10/2007 at 1:30 PM.Discovery cut-off 9/3/2007. Last date to conduct settlement conference is 7/5/2007. Last day to fileJoint Report re results of Settlement Conference 7/12/2007.(gk, )
Docket Text: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second AmendedComplaint; Notice of Joinder and Joinder in Intermix Defendants' Motion to Dismiss filed byDefendants Montgomery & Co., LLC, Thomas Weisel Partners, LLC and Thomas Weisel PartnersGroup, Inc.; memorandum of points and authorities. Motion set for hearing on 12/18/2006 at 01:30 PMbefore Judge John F. Walter. Lodged Proposed Order. (gk, )
Docket Text: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second AmendedComplaint; Notice of Joinder and Joinder in Motions to Dismiss of Investment Banks Defendants [30]and VantagePoint Defendants filed by Defendants Brett Brewer, Daniel Mosher, Lawrence Moreau,Jeffrey Edell, Bradley Ward Christopher Lipp, Richard Rosenblatt, James Quandt and WilliamWoodward; memorandum of points and authorities in support of motion to dismiss. Motion set forhearing on 12/18/2006 at 01:30 PM before Judge John F. Walter. Lodged Proposed Order. (gk, )
32 Filed: 10/19/2006Entered: 10/20/2006
Request for Judicial Notice
Docket Text: REQUEST FOR JUDICIAL NOTICE REQUEST FOR JUDICIAL NOTICE in Support ofMotions to Dismiss the Second Amended Complaint [31], [30] filed by The Intermix Defendants BrettBrewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward Christopher Lipp, RichardRosenblatt, James Quandt and William Woodward and Investment Bank Defendants Montgomery &Co, LLC, Thomas Weisel Partners, LLC, Thomas Weisel Partners Group, Inc. [Volume 1 of 2] (gk, )
33 Filed: 10/19/2006Entered: 10/20/2006
Motion Related Document
Docket Text: REQUEST FOR JUDICIAL NOTICE REQUEST FOR JUDICIAL NOTICE in Support ofMotions to Dismiss the Second Amended Complaint [31], [30] filed by The Intermix Defendants BrettBrewer, Daniel Mosher, Lawrence Moreau, Jeffrey Edell, Bradley Ward Christopher Lipp, RichardRosenblatt, James Quandt and William Woodward and Investment Bank Defendants Montgomery &Co, LLC, Thomas Weisel Partners, LLC, Thomas Weisel Partners Group, Inc. [Volume 2 of 2] (gk, )
34 Filed: 10/19/2006Entered: 10/20/2006
Motion to Dismiss (cause or other)
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Terminated: 06/11/2007Docket Text: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended ClassAction Complaint filed by VantagePoint Defendants David Carlick, Andrew Sheehan, VantagePointVenture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q), L.P.,VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV Principals Fund, L.P.Motion set for hearing on 12/18/2006 at 01:30 PM before Judge John F. Walter. Lodged ProposedOrder. (gk, )
35 Filed: 10/19/2006Entered: 10/20/2006
Memorandum in Support of Motion
Docket Text: MEMORANDUM of Points and Authorities in Support of Motion to Dismiss Plaintiff'sSecond Amended Class Action Complaint [34] filed by VantagePoint Defendants David Carlick,Andrew Sheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint VenturePartners IV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IVPrincipals Fund, L.P. (gk, )
36 Filed: 10/19/2006Entered: 10/20/2006
Request for Judicial Notice
Docket Text: REQUEST FOR JUDICIAL NOTICE in Support of Motion to Dismiss Plaintiff's SecondAmended Class Action Complaint [34] filed by VantagePoint Defendants David Carlick, AndrewSheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture PartnersIV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV PrincipalsFund, L.P. Volume 1 of 2, Exhibits A-Z. (gk, )
37 Filed: 10/19/2006Entered: 10/20/2006
Motion Related Document
Docket Text: REQUEST FOR JUDICIAL NOTICE in Support of Motion to Dismiss Plaintiff's SecondAmended Class Action Complaint [34] filed by VantagePoint Defendants David Carlick, AndrewSheehan, VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture PartnersIV (Q), L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV PrincipalsFund, L.P. Volume 2 of 2, Exhibits AA-FFF. (gk, )
42 Filed: 10/19/2006Entered: 11/02/2006
Proof of Service (subsequent documents)
Docket Text: PROOF OF SERVICE filed by Defendants David Carlick, Andrew Sheehan,VantagePoint Venture Partners, VP Alpha Holdings IV, LLC, VantagePoint Venture Partners IV (Q),L.P., VantagePoint Venture Partners IV, L.P., and VantagePoint Venture Partners IV Principals Fund,L.P. of Notice of Motion and Motion to Dismiss Plaintiff's Second Amended Class Action Complaint[34], Memorandum of Points and Authorities in Support of Motion [35], Request for Judicial Notice(Set 1 of 2) [36], Request for Judicial Notice (Set 2 of 2) [37], and Proposed Order, served on10/19/2006. (gk, )
27 Filed: 10/13/2006Entered: 10/17/2006
Certificate/Notice of Interested Parties
Docket Text: CRETIFICATION AND NOTICE of Interested Parties filed by Defendant Montgomery &Co., LLC. (gk, )
28 Filed: 10/13/2006Entered: 10/17/2006
Certificate/Notice of Interested Parties
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Docket Text: CERTIFICATION AND NOTICE of Interested Parties filed by Defendants ThomasWeisel Partners Group Inc. and Thomas Weisel Partners LLC. (gk, )
29 Filed: 10/13/2006Entered: 10/20/2006
Joint Report Rule 26(f) Discovery Plan
Docket Text: JOINT SCHEDULING CONFERENCE REPORT Pursuant to Federal Rule of CivilProcedure 26(f) filed; no estimated length of trial. (gk, )
26 Filed: 10/04/2006Entered: 10/05/2006
In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES (IN CHAMBERS) by Judge John F. Walter: On 9/19/2006, the Courtappointed Jim and Carrie Brown as lead plaintiffs and approved their selection of lead counsel. On9/27/2006, Jim Brown filed a Second Amended Complaint. Although Carrie Brown as appointed aslead plaintiff along with Jim Brown, Carrie Brown was not named as a Plaintiff in the SecondAmended Complaint. Accordingly, the Court vacates the 9/19/2006 Order [20] appointing Carrie Brownas lead plaintiff. Court Reporter: None Present. (gk, )
25 Filed: 09/27/2006Entered: 10/05/2006
Amended Complaint
Docket Text: SECOND AMENDED COMPLAINT against Defendants Brett C. Brewer, Daniel L.Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G. Ward, David S. Carlick, Andrew Sheehan,Christopher S. Lipp, Richard Rosenblatt, James Quandt, William Woodward, Thomas Weisel PartnersGroup, Inc., Thomas Weisel Partners LLC, Montgomery & Co., LLC and Vantagepoint VenturePartners; amending Amended Complaint [13]; filed by Plaintiff Jim Brown. (gk, )
24 Filed: 09/22/2006Entered: 09/27/2006
Proof of Service (subsequent documents)
Docket Text: AMENDED PROOF OF SERVICE filed by Defendants Brett C. Brewer, Daniel L.Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G. Ward, Christopher S. Lipp, RichardRosenblatt, James Quandt and William Woodward re Notice of Entry of Order Regarding Plaintiff'sRequest for Leave to File Second Amended Complaint, and Defendant's Time to Respond [23], wasserved on 9/22/2006. (gk, )
23 Filed: 09/20/2006Entered: 09/26/2006
Notice (Other)
Docket Text: NOTICE of Entry of Order Regarding Plaintiff's Request for Leave to File SecondAmended Complaint, and Defendant's Time to Respond filed by Defendants Brett C. Brewer, Daniel L.Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G. Ward, Christopher S. Lipp, RichardRosenblatt, James Quandt and William Woodward. (gk, )
19 Filed: 09/19/2006Entered: 09/20/2006
In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES (IN CHAMBERS) by Judge John F. Walter: Plaintiffs Jim and Carrie Brown'sMotion for Appointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel[14] is granted. Plaintiffs' Proposed Order Appointing Jim and Carrie Brown as Lead Plaintiff andApproving Selection of Lead Counsel is signed by the Court. Court Reporter: None Present. (gk, )
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Docket Text: ORDER by Judge John F. Walter that Jim and Carrie Brown's Motion for Appointment asLead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel [14] is granted. The Courthereby determines that Jim and Carrie Brown are the "most adequate plaintiff" and are appointed LeadPlaintiff. Lead Plaintiff's selection of lead counsel is approved. Lerach Coughlin Stoia Geller Rudman &Robbins LLP is approved as Lead Counsel for the class. (gk, )
21 Filed: 09/18/2006Entered: 09/25/2006
Notice (Other)
Docket Text: NOTICE OF ENTRY of Order filed by plaintiff Jim Brown. (jp)22 Filed: 09/18/2006
Entered: 09/25/2006Notice of Motion
Docket Text: NOTICE OF UNOPPOSED MOTION for Appointment as Lead Plaintiff and Approval ofLead Plaintiff's Selection of Lead Counsel [14] filed by plaintiff Jim Brown. (jp)
17 Filed: 09/15/2006Entered: 09/18/2006
Stipulation and Order
Docket Text: JOINT STIPULATION AND ORDER by Judge John F. Walter that Plaintiffs are grantedleave to and shall file and serve a Second Amended Complaint no later than one (1) week after theappointment of lead plaintiffs and lead plaintiffs counsel, or by October 16, 2006, whichever is sooner;Defendants shall have fifteen (15) Court days from service of the Second Amended Complaint toanswer, move or otherwise respond to its. Should any defendant move to dismiss or make any othermotion in response to the Second Amended Complaint, plaintiff shall have eighteen (18) Court daysafter the service of that motion to file an opposition. Defendants shall have ten (10) Court days after theservice of that opposition to file a reply. The parties shall meet and confer on a hearing date that shallbe scheduled on a date and time convenient for the Court and at least ten (10) Court days after serviceof defendants replies; and No defendant need answer, move otherwise respond to the AmendedComplaint, and all due dates for said responses are hereby vacated. (jp)
Filed: 09/14/2006Entered: 09/19/2006
Fax Number
Docket Text: FAX number for Attorney Richard L Stone is 310-785-4601. (gk, )18 Filed: 09/14/2006
Entered: 09/19/2006Stipulation and Order
Docket Text: STIPULATION AND ORDER by Judge John F. Walter Extending Time to Respond toFirst Amended Complaint [13]; Defendants Thomas Weisel Partners Group Inc. answer or response due10/13/2006; Thomas Weisel Partners LLC answer or response due 10/13/2006. (gk, )
Docket Text: NOTICE OF MOTION AND MOTION for Appointment as Lead Plaintiff and Approvalof Lead Plaintiff's Selection of Lead Counsel filed by Plaintiffs Jim and Carrie Brown. Motion set forhearing on 9/25/2006 at 01:30 PM before Judge John F. Walter. (gk, )
15 Filed: 08/28/2006Entered: 09/06/2006
Memorandum in Support of Motion
Docket Text: MEMORANDUM of Points and Authorities in Support of Motion for Appointment as
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Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel [14] filed by Plaintiffs Jimand Carrie Brown. (gk, )
16 Filed: 08/28/2006Entered: 09/07/2006
Declaration (Motion related)
Docket Text: DECLARATION of RAMZI ABADOU in support of Jim and Carrie Brown MOTION forAppointment as Lead Plaintiff and Approval of Lead Plaintiff's Selection of Lead Counsel [14] filed byplaintiff Jim Brown. (jp)
Filed: 08/24/2006Entered: 08/29/2006
Summons Issued
Docket Text: Issued 20-Day Summons re Amended Class Action Complaint [13]. (gk, )13 Filed: 08/24/2006
Entered: 08/29/2006Amended Complaint
Docket Text: AMENDED CLASS ACTION COMPLAINT against Defendants Brett C. Brewer, DanielL. Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G. Ward, David S. Carlick, AndrewSheehan, Christopher S. Lipp, Richard Rosenblatt, James Quandt, William Woodward, VantagepointVenture Partners, Thomas Weisel Partners Group, Inc., Thomas Weisel Partners LLC and Montgomery& Co., LLC; amending Complaint [1];,filed by Plaintiff Jim Brown. (gk, )
11 Filed: 08/18/2006Entered: 08/21/2006
In Chambers Order/Directive - no proceeding held
Docket Text: MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter: SetDeadlines/Hearings: Scheduling Conference set for 10/23/2006 08:30 AM before Judge John F. Walter.Joint Rule 26(f) Report and ADR Pilot Program Questionnaire due by 10/13/2006. Plaintiff's counsel isdirected to give notice of the scheduling conference to all parties that have appeared in this action, andis directed to give notice of the scheduling conference immediately to each party that makes an initialappearance in the action after this date. Court Reporter: None Present. (gk, )
12 Filed: 08/16/2006Entered: 08/23/2006
Stipulation Extending Time to Answer (30 days or less)
Docket Text: FIRST STIPULATION Extending Time to Answer the complaint. David S Carlick answerdue 9/18/2006; Andrew Sheehan answer due 9/18/2006; Vantagepoint Venture Partners answer due9/18/2006. filed by plaintiff Jim Brown. (yc, )
10 Filed: 08/07/2006Entered: 08/09/2006
Order
Docket Text: DENIED BY ORDER of Judge John F. Walter Amended Stipulation RegardingDefendants' Time to Respond to Complaint. DENIED - no showing of good cause.(gk, )
9 Filed: 08/04/2006Entered: 08/07/2006
Certificate/Notice of Interested Parties
Docket Text: CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Brett C.Brewer, Daniel L. Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G. Ward, Christopher S.Lipp, Richard Rosenblatt, James Quandt and William Woodward, indicating that Intermix Media, Inc.and News Corporation have agreed to defend and indemnify above named defendants in this litigation.Intermix Media, Inc., is a wholly owned subsidiary of Fox Interactive Media, Inc., which is a whollyowned subsidiary of News Corporation. (gk, )
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8 Filed: 07/25/2006Entered: 07/27/2006
Order
Docket Text: ORDER DENYING STIPULATION AND ORDER REGARDING DEFENDANT'S Timeto Respond by Judge John F. Walter,(yl, )
7 Filed: 07/20/2006Entered: 07/21/2006
Certificate/Notice of Interested Parties
Docket Text: CERTIFICATION of Interested Parties filed by Defendants David S. Carlick, AndrewSheehan and Vantagepoint Venture Partners. (gk, )
6 Filed &Entered: 07/03/2006 Order
Docket Text: STANDING ORDER: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASEAND DIFFERS IN RESPECT FROM THE LOCAL RULES. Both the Court and counsel bearresponsibility for the progress of litigation in Federal Court. To secure the just, speed, and inexpensivedetermination of every action, all counsel are ordered to familiarize themselves with the Federal Rulesof Civil Procedures and the Local Rules of the Central District of California. (See document for furtherdetails) by Judge John F. Walter. (ir, )
5 Filed &Entered: 06/27/2006 224 Transfer Pursuant to GO 08-05 DECLINED- (related case)(CV 34)
Docket Text: ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed.Transfer of case declined by Judge George H. King, for the reasons set forth on this order. Related CaseNo. CV 03-3272 GHK (JTLx)(rn, )
Filed &Entered: 06/23/2006 Remark - prepared Order re GO 08-05 (related case) transfer
Docket Text: PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) byClerk; related to CV 03-3272 GHK (JTLx). (rn, )
Filed: 06/14/2006Entered: 06/21/2006
Summons Issued
Docket Text: 20 Day Summons Issued re Complaint - (Discovery)[1] as to David S Carlick, AndrewSheehan, Christopher S Lipp, Richard Rosenblatt, James Quandt, William Woodward, VantagepointVenture Partners, Brett C Brewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley GWard. (rrey, )
Filed: 06/14/2006Entered: 06/21/2006
Fax Number
Docket Text: FAX number for Attorney Christy W Goodman, Molly Roff-Sheridan is 619-236-9240.(rrey, )
1 Filed: 06/14/2006Entered: 06/21/2006
Complaint - (Discovery)
Docket Text: COMPLAINT against defendants David S Carlick, Andrew Sheehan, Christopher S Lipp,Richard Rosenblatt, James Quandt, William Woodward, Vantagepoint Venture Partners, Brett CBrewer, Daniel L Mosher, Lawrence Moreau, Jeffrey Scott Edell, Bradley G Ward.(Filing fee $ 350)Jury Demanded. , filed by plaintiff Jim Brown.(rrey, )
2 Filed: 06/14/2006 Certificate/Notice of Interested Parties
