US District Court Civil Docket as of March 28, 2012 Retrieved from the court on March 29, 2012 United States District Court Southern District of West Virginia (Beckley) CIVIL DOCKET FOR CASE #: 5:10-cv-00689 Commonwealth of Massachusetts Pension Reserves Investment Trust v. Massey Energy Company et al Assigned to: Judge Irene C. Berger Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 04/29/2010 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Commonwealth of Massachusetts Pension Reserves Investment Trust represented by David J. Goldsmith LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected]LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Felicia Y. Mann LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected]LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Ira A. Schochet LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected]LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Transcript
US District Court Civil Docket as of March 28, 2012 Retrieved from the court on March 29, 2012
United States District Court Southern District of West Virginia (Beckley)
CIVIL DOCKET FOR CASE #: 5:10-cv-00689
Commonwealth of Massachusetts Pension Reserves Investment Trust v. Massey Energy Company et al Assigned to: Judge Irene C. Berger Cause: 28:1331 Fed. Question: Securities Violation
Date Filed: 04/29/2010 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
Plaintiff
Commonwealth of Massachusetts Pension Reserves Investment Trust
represented by David J. Goldsmith LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Felicia Y. Mann LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Ira A. Schochet LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Irina Vasilchenko LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jack Reise ROBBINS GELLER RUDMAN & DOWD Suite 500 120 East Palmetto Park Road Boca Raton, FL 33432 561/750-3000 Fax: 561/750-3364 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Joel H. Bernstein LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818/0477 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Alan I. Ellman LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected] ATTORNEY TO BE NOTICED Christopher J. Keller LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED Eric J. Belfi LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected] ATTORNEY TO BE NOTICED James A. McKowen JAMES F. HUMPHREYS & ASSOCIATES Suite 800 United Center 500 Virginia Street, East Charleston, WV 25301 304/347-5050 Fax: 304/347-5055 Email: [email protected] ATTORNEY TO BE NOTICED Samuel D. Elswick JAMES F. HUMPHREYS & ASSOCIATES United Center, Suite 800 500 Virginia Street, East Charleston, WV 25301 304/347-5050 Fax: 304/347-5055 Email: [email protected] ATTORNEY TO BE NOTICED Stefanie J. Sundel LABATON SUCHAROW 140 Broadway New York, NY 10005 212/907-0700 Fax: 212/818-0477 Email: [email protected] TERMINATED: 01/26/2012 PRO HAC VICE
Plaintiff
Macomb County Employees' Retirement System Individually and on Behalf of all Others Similarly Situated
represented by Jack Reise (See above for address) LEAD ATTORNEY PRO HAC VICE
ATTORNEY TO BE NOTICED Paul Jeffrey Geller ROBBINS GELLER RUDMAN & DOWD LLP 120 East Palmetto Park Road Suite 500 Boca Raton, FL 33432 561/750-3000 Fax: 561/750-3364 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Christopher M. Wood ROBBINS GELLER RUDMAN & DOWD Post Montgomery Center, Suite 1800 One Montgomery Street San Francisco, CA 94104 415/288-4545 Fax: 415/288-4534 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Darren J. Robbins LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS Suite 1900 655 West Broadway San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 Email: [email protected] ATTORNEY TO BE NOTICED David C. Walton ROBBINS GELLER RUDMAN & DOWD Suite 1900 655 West Broadway San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 Email: [email protected] ATTORNEY TO BE NOTICED Dennis J. Herman
ROBBINS GELER RUDMAN & DOWD Post Montgomery Center, Suite 1800 One Montgomery Street San Francisco, CA 94104 415/288-4545 Fax: 415/288-4534 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED John F. Dascoli 2442 Kanawha Boulevard East Charleston, WV 25311 304/720-8684 Fax: 304/342-3651 Email: [email protected] ATTORNEY TO BE NOTICED Laurie L. Largent ROBBINS GELLER RUDMAN & DOWD Post Montgomery Center, Suite 1800 One Montgomery Street San Francisco, CA 94104 415/288-4545 Fax: 415/288-4534 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Michael J. Vanoverbeke VANOVERBEKE MICHAUD & TIMMONY 79 Alfred Street Detroit, MI 48201 313/578-1200 Fax: 313/578-1201 TERMINATED: 03/18/2011 ATTORNEY TO BE NOTICED Thomas C. Michaud VANOVERBEKE MICHAUD & TIMMONY 79 Alfred Street Detroit, MI 48201 313/578-1200 Fax: 313/578-1201 TERMINATED: 03/18/2011 ATTORNEY TO BE NOTICED
Plaintiff
David Wagner represented by Joel H. Bernstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher M. Wood (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Darren J. Robbins (See above for address) ATTORNEY TO BE NOTICED Dennis J. Herman (See above for address) ATTORNEY TO BE NOTICED John F. Dascoli (See above for address) ATTORNEY TO BE NOTICED Laurie L. Largent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Michael J. Vanoverbeke (See above for address) TERMINATED: 03/18/2011 ATTORNEY TO BE NOTICED Thomas C. Michaud (See above for address) TERMINATED: 03/18/2011 ATTORNEY TO BE NOTICED Tricia L. McCormick ROBBINS GELLER RUDMAN & DOWD Suite 1900 655 West Broadway San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 TERMINATED: 02/11/2011 ATTORNEY TO BE NOTICED
V.
Consol Plaintiff
Firefighters' Retirement System of Louisiana Individually and on Behalf of All Others Similarly Situated
represented by Alan I. Ellman (See above for address) ATTORNEY TO BE NOTICED Christopher J. Keller (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Eric J. Belfi (See above for address) ATTORNEY TO BE NOTICED J. Burton LeBlanc BARON & BUDD 312 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219 214/521-3605 Fax: 214/520-1181 Email: [email protected] ATTORNEY TO BE NOTICED Mazin Sbaiti BARON & BUDD 312 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219 214/521-3605 Fax: 214/520-1181 Email: [email protected] ATTORNEY TO BE NOTICED Samuel D. Elswick (See above for address) ATTORNEY TO BE NOTICED Stefanie J. Sundel (See above for address) TERMINATED: 01/26/2012 PRO HAC VICE
V.
Defendant
Massey Energy Company represented by Jonathan L. Anderson JACKSON KELLY
P. O. Box 553 Charleston, WV 25322-0553 304/340-1000 Fax: 304/340-1050 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart W. Gold CRAVATH SWAINE & MOORE Worldwide Plaza 825 Eighth Avenue New York, NY 10019 212/474-1000 Fax: 212/474-3700 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED A. L. Emch JACKSON KELLY P. O. Box 553 Charleston, WV 25322-0553 304/340-1000 Fax: 304/340-1050 Email: [email protected] ATTORNEY TO BE NOTICED Julie A. North CRAVATH SWAINE & MOORE Worldwide Plaza 825 Eighth Avenue New York, NY 10019 212/474-1752 Fax: 212/474-3700 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Ronald S. Rolfe CRAVATH SWAINE & MOORE 825 Eighth Avenue New York, NY 10019 212/474-1000 Fax: 212/474-3700 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Defendant
Don L. Blankenship represented by Tammy R. Harvey FLAHERTY SENSABAUGH & BONASSO P. O. Box 3843 Charleston, WV 25338-3843 304/345-0200 Fax: 304/345-0260 Email: [email protected] ATTORNEY TO BE NOTICED Thomas V. Flaherty FLAHERTY SENSABAUGH & BONASSO P. O. Box 3843 Charleston, WV 25338-3843 304/345-0200 Fax: 304/345-0260 Email: [email protected] ATTORNEY TO BE NOTICED
Defendant
Baxter F. Phillips, Jr. represented by Tammy R. Harvey (See above for address) ATTORNEY TO BE NOTICED Thomas V. Flaherty (See above for address) ATTORNEY TO BE NOTICED
Defendant
Eric B. Tolbert represented by Tammy R. Harvey (See above for address) ATTORNEY TO BE NOTICED Thomas V. Flaherty (See above for address) ATTORNEY TO BE NOTICED
Defendant
Richard J. Gabrys represented by Jonathan L. Anderson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart W. Gold (See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED A. L. Emch (See above for address) ATTORNEY TO BE NOTICED Julie A. North (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ronald S. Rolfe (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Defendant
Lady Barbara Thomas Judge represented by Jonathan L. Anderson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart W. Gold (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED A. L. Emch (See above for address) ATTORNEY TO BE NOTICED Julie A. North (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ronald S. Rolfe (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Defendant
Dan R. Moore represented by Jonathan L. Anderson (See above for address) LEAD ATTORNEY
ATTORNEY TO BE NOTICED Stuart W. Gold (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED A. L. Emch (See above for address) ATTORNEY TO BE NOTICED Julie A. North (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ronald S. Rolfe (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Defendant
James B. Crawford represented by Jonathan L. Anderson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart W. Gold (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED A. L. Emch (See above for address) ATTORNEY TO BE NOTICED Julie A. North (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ronald S. Rolfe (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Defendant
Robert H. Foglesong and
represented by Jonathan L. Anderson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart W. Gold (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED A. L. Emch (See above for address) ATTORNEY TO BE NOTICED Julie A. North (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ronald S. Rolfe (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Defendant
Stanley C. Suboleski represented by Jonathan L. Anderson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stuart W. Gold (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED A. L. Emch (See above for address) ATTORNEY TO BE NOTICED Julie A. North (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ronald S. Rolfe (See above for address) PRO HAC VICE
ATTORNEY TO BE NOTICED
V.
Consol Defendant
E. Gordon Gee represented by Stuart W. Gold (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED A. L. Emch (See above for address) ATTORNEY TO BE NOTICED Jonathan L. Anderson (See above for address) ATTORNEY TO BE NOTICED Julie A. North (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ronald S. Rolfe (See above for address) ATTORNEY TO BE NOTICED
Consol Defendant
J. Christopher Adkins represented by Tammy R. Harvey (See above for address) ATTORNEY TO BE NOTICED Thomas V. Flaherty (See above for address) ATTORNEY TO BE NOTICED
Movant
Wayne County Employees' Retirement System
represented by Bradley J. Pyles PYLES & TURNER P. O. Box 596 Logan, WV 25601 304/752-6000 Fax: 304/756-3123 Email: [email protected] ATTORNEY TO BE NOTICED
Richard A. Speirs ZWERLING SCHACHTER & ZWERLING 32nd Floor 41 Madison Avenue New York, NY 10010 212/223-3900 Fax: 212/371-5969 TERMINATED: 12/28/2010 ATTORNEY TO BE NOTICED Robert S. Schachter ZWERLING SCHACHTER & ZWERLING 32nd Floor 41 Madison Avenue New York, NY 10010 212/223-3900 Fax: 212/371-5969 Email: [email protected] ATTORNEY TO BE NOTICED Stephen L. Brodsky ZWERLING SCHACHTER & ZWERLING 32nd Floor 41 Madison Avenue New York, NY 10010 212/223-3900 Fax: 212/371-5969 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Movant
United States of America represented by Fred B. Westfall , Jr. U. S. ATTORNEY'S OFFICE P. O. Box 1713 Charleston, WV 25326-1713 304/345-2200 Fax: 304/347-5443 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Movant
MEE Investor Group (consisting of Brian D. Goe, Mohammad
represented by Charles J. Piven BROWER PIVEN
T. Hashemi, and Justin Dubler) TERMINATED: 02/02/2011
1925 Old Valley Road Stevenson, MD 21153 410/332-0030 Fax: 410/685-1300 TERMINATED: 02/02/2011 ATTORNEY TO BE NOTICED David A.P. Brower BROWER PIVEN 488 Madison Avenue, Eighth Floor New York, NY 10022 212/501-9000 Fax: 212/501-0300 TERMINATED: 02/02/2011 ATTORNEY TO BE NOTICED Troy N. Giatras THE GIATRAS LAW FIRM Suite 400 118 Capitol Street Charleston, WV 25301 304/343-2900 Fax: 304/343-2942 Email: [email protected] TERMINATED: 02/02/2011
Interested Party
Alpha Appalachia Holdings, Inc. formerly known as Massey Energy Company
represented by Boaz S. Morag CLEARY GOTTLIEB STEEN & HAMILTON One Liberty Plaza New York, NY 10006 212/225-2000 Fax: 212/225-3999 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Brian A. Glasser BAILEY & GLASSER 209 Capitol Street Charleston, WV 25301-1386 304/345-6555 Fax: 304/342-1110 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher S. Morris BAILEY & GLASSER 209 Capitol Street Charleston, WV 25301 304/345-6555 Fax: 304/342-1110 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Mitchell A. Lowenthal CLEARY GOTTLIEB STEEN & HAMILTON One Liberty Plaza New York, NY 10006 212/225-2000 Fax: 212/225-3999 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Ricklin Brown BAILEY & GLASSER 209 Capitol Street Charleston, WV 25301-1386 304/345-6555 Fax: 304/342-1110 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed # Docket Text
04/29/2010 1 COMPLAINT for Violation of the Federal Securities Laws. Filing Fee $350.00. Receipt # 0425-1254984. (Attachments: # 1 Certification of Named Plaintiff Pursuant to Federal Securities Laws, # 2 Civil Cover Sheet) (slr)
04/29/2010 2 SUMMONS ISSUED by the Clerk on behalf of Macomb County Employees' Retirement System for Don L. Blankenship, James B. Crawford, Robert H. Foglesong (Columbus, MS), Robert H. Fogleson (Williamson, WV), Richard J. Gabrys, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr., Stanley C. Suboleski, and Eric B. Tolbert, re: 1 Complaint, returnable 21 days. Original Summons and 2 copies mailed to to John F. Dascoli, counsel for Plaintiffs, for service. (slr)
04/29/2010 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED AUGUST 1, 2006. This matter referred to Magistrate Judge VanDervort for discovery. (cc:attys; any unrepresented party) (slr)
04/29/2010 CASE assigned to Judge Irene C. Berger. (ras) (Entered: 05/06/2010)
05/07/2010 4 STATEMENT OF VISITING ATTORNEY from Christopher M. Wood on behalf of Macomb County Employees' Retirement System. Local counsel: John F. Dascoli. Fee $50.00. Receipt # 0425-1262563. (Dascoli, John) (Modified on 5/9/2010 to add name of visiting attorney) (skh).
05/07/2010 5 STATEMENT OF VISITING ATTORNEY from Dennis J. Herman on behalf of Macomb County Employees' Retirement System. Local counsel: John F. Dascoli. Fee $50.00. Receipt # 0425-1262573. (Dascoli, John) (Modified on 5/9/2010 to add name of visiting attorney) (skh).
05/07/2010 6 STATEMENT OF VISITING ATTORNEY from Laurie Largent on behalf of Macomb County Employees' Retirement System. Local counsel: John F. Dascoli. Fee $50.00. Receipt # 0425-1262587. (Dascoli, John) (Modified on 5/9/2010 to add name of visiting attorney) (skh).
05/12/2010 7 STIPULATION EXTENDING TIME for the defendants to answer the 1 Complaint to July 8, 2010 by Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, Barbara Thomas Judge, Macomb County Employees' Retirement System, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert (Anderson, Jonathan) (Modified for clarity of text on 5/12/2010) (skh).
05/12/2010 SET DEADLINE: Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr., Stanley C. Suboleski and Eric B. Tolbert answer to complaint due 7/8/2010 pursuant to the 7 Stipulation. (skh) (Entered: 05/13/2010)
05/13/2010 8 ORDER: Pursuant to the parties' 7 Stipulation, Defendants shall file an Answer to Plaintiff's 1 Complaint no later than 07/08/2010. Signed by Judge Irene C. Berger on 5/13/2010. (cc: attys; any unrepresented party) (mls)
06/28/2010 9 MOTION by MEE Investor Group to Consolidate Related Actions, to be Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of Counsel (Giatras, Troy) (Modified text to conform to filed document and to correct party filer on 6/29/2010) (skh).
06/28/2010 10 MEMORANDUM by MEE Investor Group in support of 9 MOTION by MEE Investor Group to Consolidate Related Actions, to be Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of Counsel (Giatras, Troy) (Modified text to conform to filed document and to correct party filer on 6/29/2010) (skh).
06/28/2010 11 DECLARATION of Troy N. Giatras, on behalf of MEE Investor Group, in support of 9 MOTION by MEE Investor Group to Consolidate Related Actions, to be Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of Counsel (Giatras, Troy) (Modified text to conform to filed document and to correct party filer on 6/29/2010) (skh).
06/28/2010 12 PROPOSED ORDER Consolidating Related Actions; Appointing Lead Plaintiff; and, Approving Proposed Lead Plaintiff's Choice of Counsel by MEE Investor Group (Giatras, Troy) (Modified on 6/29/2010 to correct party filer) (skh).
06/28/2010 13 CERTIFICATE OF SERVICE filed by MEE Investor Group for Motion to Consolidate Related Action, to be Appointed Lead Plaintiff, and to Approve Proposed Lead Plaintiff's Choice of Counsel; Memorandum in Support; Declaration of Troy N. Giatras; and
Proposed Order (Giatras, Troy) (Modified for clarity of text and to correct party filer on 6/29/2010) (skh).
06/28/2010 14 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust for Consolidation of Related Actions, for Appointment as Lead Plaintiff, and for Approval of Selection of Counsel (Attachment: # 1 Proposed Order)(Elswick, Samuel) (Modified text to conform to filed document and to correct party filer on 6/29/2010) (skh).
06/28/2010 15 MEMORANDUM by Commonwealth of Massachusetts Pension Reserves Investment Trust in support of 14 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust for Consolidattion of Related Actions, for Appointment as Lead Plaintiff, and for Approval of Selection of Counsel (Elswick, Samuel) (Modified text to conform to filed document and to correct party filer on 6/29/2010) (skh).
06/28/2010 16 DECLARATION by Alan I. Ellman, on behalf of Commonwealth of Massachusetts Pension Reserves Investment Trust, in support of 14 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust for Consolidation of Related Actions, for Appointment as Lead Plaintiff, and for Approval of Selection of Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Elswick, Samuel) (Modified text to conform to filed document and to correct party filer on 6/29/2010) (skh).
06/28/2010 17 MOTION by David Wagner to Consolidate Related Actions, to Appoint David Wagner as Lead Plaintiff and for Approval of Selection of Counsel (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - Notice, # 3 Exhibit C - Certification, # 4 Exhibit D - Loss Chart, # 5 Exhibit E - RGRD firm resume, # 6 Exhibit F - Dascoli firm resume)(Dascoli, John) (Modified text to conform to filed document and to correct party filer on 6/29/2010) (skh).
06/28/2010 18 MEMORANDUM by David Wagner in support of 17 MOTION by David Wagner to Consolidate Related Actions, to Appoint David Wagner as Lead Plaintiff and for Approval of Selection of Counsel (Dascoli, John) (Modified text to conform to filed document and to correct party filer on 6/29/2010) (skh).
06/28/2010 19 MOTION by Wayne County Employees' Retirement System for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel and Liaison Counsel. (Attachment: # 1 Proposed Order) (skh) (Entered: 06/29/2010)
06/28/2010 20 MEMORANDUM by Wayne County Employees' Retirement System in support of 19 MOTION by Wayne County Employees' Retirement System for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel and Liaison Counsel. (skh) (Entered: 06/29/2010)
06/28/2010 21 DECLARATION by Richard A. Speirs, on behalf of Wayne County Employees' Retirement System, in support of 19 MOTION by Wayne County Employees' Retirement System for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel and Liaison Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (skh) (Entered: 06/29/2010)
06/28/2010 22 INCORRECT ENTRY; SEE ENTRY #19. (Modified on 6/29/2010 to remove images as duplicates of the images attached to entry #19) (skh). (Entered: 06/29/2010)
06/28/2010 23 INCORRECT ENTRY; SEE ENTRY #20. (Modified on 6/29/2010 to remove image as a
duplicate of the image attached to entry #20) (skh). (Entered: 06/29/2010)
06/28/2010 24 INCORRECT ENTRY; SEE ENTRY #21. (Modified on 6/29/2010 to remove images as duplicates of the images attached to entry #21) (skh). (Entered: 06/29/2010)
06/29/2010 NOTICE OF DOCKET CORRECTION re: 22 MOTION by Wayne County Employees' Retirement System for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel and Liaison Counsel, 23 MEMORANDUM in support and 24 DECLARATION by Richard A. Speirs in support. ERROR: Images are duplicates of the images attached to entries 19 , 20 and 21 . CORRECTION: Removed images 22, 23 and 24. (skh)
06/30/2010 25 STATEMENT OF VISITING ATTORNEY from Ronald S. Rolfe on behalf of Robert H. Foglesong, Dan R. Moore, Stanley C. Suboleski, James B. Crawford, Richard J. Gabrys, Massey Energy Company, Barbara Thomas Judge. Local counsel: A.L. Emch. Fee $50.00. Receipt # 0425-1309638. (Anderson, Jonathan) (Modified on 7/1/2010 to add name of visiting attorney and additional filers) (skh).
06/30/2010 26 STATEMENT OF VISITING ATTORNEY from Julie A. North on behalf of Massey Energy Company, Robert H. Foglesong, Dan R. Moore, Stanley C. Suboleski, James B. Crawford, Richard J. Gabrys, Barbara Thomas Judge. Local counsel: A.L. Emch. Fee $50.00. Receipt # 0425-1309646. (Anderson, Jonathan) (Modified on 7/1/2010 to add name of visiting attorney and additional filers) (skh).
07/03/2010 27 JOINT MOTION by Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert to Vacate 8 Order and to Extend Deadline to Respond to Complaint (Attachment: # 1 Proposed Order)(Anderson, Jonathan) (Modified text to conform to filed document on 7/4/2010) (skh).
07/07/2010 28 ORDER granting 27 Defendants' MOTION to Extend Deadline to Respond to Complaint; Directing that the deadline by which Defendants must answer or move against the Complaint is suspended pending the Court's consideration of the motions to consolidate this matter with Firefighters Retirement System v. Massey Energy Company, et. al., Civil Action Number 5:10-0776. Signed by Judge Irene C. Berger on 7/7/2010. (cc: attys; any unrepresented party) (mls)
07/14/2010 29 MOTION by MEE Investor Group to Withdraw 9 MOTION by MEE Investor Group to Consolidate Related Actions, to be Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of Counsel, 10 Memorandum In Support, 11 Affidavit In Support, 12 Proposed Order (Giatras, Troy) (Modified for clarity of text on 7/15/2010) (skh).
07/15/2010 30 NOTICE of Support for the Appointment of the Commonwealth of Massachusetts Pension Reserves Investment Trust as Lead Plaintiff and for Approval of its Selection of Counsel by Wayne County Employees' Retirement System re: 14 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust for Consolidation of Related Actions, for Appointment as Lead Plaintiff and Approval of Selection of Counsel (Pyles, Bradley) (Modified for clarity of text on 7/15/2010) (skh).
07/15/2010 31 MEMORANDUM by Commonwealth of Massachusetts Pension Reserves Investment Trust in further support of 14 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust for Consolidation of Related Actions, for Appointment as Lead Plaintiff, and for Approval of Selection of Counsel and in Opposition to 9
MOTION by MEE Investor Group, 17 MOTION by David Wagner and 19 MOTION by Wayne County Employees' Retirement System to Consolidate Related Actions, to be Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of Counsel. (Elswick, Samuel) (Modified for clarity of text and to add link to #14 motion on 7/16/2010) (skh).
07/15/2010 32 OPPOSITION by David Wagner to 9 MOTION by MEE Investor Group, 14 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust and 19 MOTION by Wayne County Employees' Retirement System to Consolidate Related Actions, to be Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of Counsel (Dascoli, John) (Modified for clarity of text and to remove excess text on 7/16/2010) (skh).
07/15/2010 33 DECLARATION by John F. Dascoli in support of 31 OPPOSITION by David Wagner to 9 MOTION by MEE Investor Group, 14 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust and 19 MOTION by Wayne County Employees' Retirement System to Consolidate Related Actions, to be Appointed Lead Plaintiff and to Approve Proposed Lead Plaintiff's Choice of Counsel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Dascoli, John) (Modified text to conform to filed document, to add link to #32 response and to remove links to #9, #14 and #19 motions on 7/16/2010) (skh).
07/16/2010 34 ORDER denying without prejudice 19 Movant Wayne County Employee's Retirement System's MOTION for Consolidation, Appointment as Lead Plaintiff and Approval of its Selection of Lead Counsel and Liaison Counsel. Signed by Judge Irene C. Berger on 7/16/2010. (cc: attys; any unrepresented party) (mls)
07/16/2010 35 ORDER granting Movant's 29 MOTION for Withdrawal of 9 Motion of the MEE Investor Group to Consolidate Related Actions; To be Appointed Lead Plaintiff; and to Approve Proposed Lead Plaintiff's Choice of Counsel; denying as moot 9 MOTION of the MEE Investor Group to Consolidate Related Actions; To Be Appointed Lead Plaintiff; and to Approve Proposed Lead Plaintiff's Choice of Counsel. Signed by Judge Irene C. Berger on 7/16/2010. (cc: attys; any unrepresented party) (slr)
07/26/2010 36 REPLY by Commonwealth of Massachusetts Pension Reserves Investment Trust to 14 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust for Consolidation of Related Actions, for Appointment as Lead Plaintiff, and for Approval of Selection of Counsel. (Elswick, Samuel) (Modified on 7/27/2010 to remove excess text) (skh).
07/26/2010 37 REPLY DECLARATION by Christopher J. Keller, on behalf of Commonwealth of Massachusetts Pension Reserves Investment Trust in further support of 14 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust for Consolidation of Related Actions, for Appointment as Lead Plaintiff, and for Approval of Selection of Counsel (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)(Elswick, Samuel) (Modified title of entry to conform to filed document on 7/27/2010) (skh).
07/26/2010 38 REPLY by David Wagner to 17 MOTION by David Wagner to Consolidate Related Actions, to Appoint David Wagner as Lead Plaintiff and for Approval of Selection of Counsel. (Dascoli, John) (Modified for clarity of text on 7/27/2010) (skh).
07/27/2010 39 STATEMENT OF VISITING ATTORNEY from Stephen L. Brodsky on behalf of
Wayne County Employees' Retirement System. Local counsel: Bradley J. Pyles. Fee $50.00. Receipt # 0425-1332072. (Pyles, Bradley)
07/27/2010 40 STATEMENT OF VISITING ATTORNEY from Robert Schachter on behalf of Wayne County Employees' Retirement System. Local counsel: Bradley J. Pyles. Fee $50.00. Receipt # 0425-1332092. (Pyles, Bradley)
07/27/2010 41 MOTION by David Wagner to Strike Improper New Arguments in 36 Reply to Response or, in the Alternative, for Leave to File Surreply (Attachments: # 1 Exhibit 1 - Proposed Order Striking Improper New Arguments, # 2 Exhibit 2 - Proposed Order Granting Leave to File Surreply)(Dascoli, John) (Modified text to conform to filed document and to edit description of attachments on 7/27/2010) (skh).
07/27/2010 42 MEMORANDUM by David Wagner in support of 41 MOTION by David Wagner to Strike Improper New Arguments in 36 Reply to Response or, in the Alternative, for Leave to File Surreply (Dascoli, John) (Modified text to conform to filed document on 7/27/2010) (skh).
07/29/2010 43 RESPONSE by Commonwealth of Massachusetts Pension Reserves Investment Trust in opposition of 41 MOTION by David Wagner to Strike Improper New Arguments in 36 Reply to Response or, in the Alternative, for Leave to File Surreply (Elswick, Samuel) (Modified text to conform to filed document on 8/1/2010) (skh).
07/29/2010 44 CERTIFICATE OF SERVICE filed by Commonwealth of Massachusetts Pension Reserves Investment Trust for Commonwealth of Massachusetts Pension Reserves Investment Trusts Response to David Wagners Motion to Strike Improper New Arguments in Reply Brief, or, in the Alternative, for Leave to File Surreply (Elswick, Samuel)
08/02/2010 45 REPLY by David Wagner to 43 Response in Opposition. (Attachments: # 1 Exhibit 1 - Surreply, # 2 Exhibit 2 - Dascoli Surreply Declaration w/ Exhibits)(Dascoli, John) (Modified on 8/3/2010 to add link to #43 response and to remove link to #41 motion) (skh).
08/03/2010 46 RESPONSE by Commonwealth of Massachusetts Pension Reserves Investment Trust in further opposition of 45 Reply to Response (Elswick, Samuel)
08/23/2010 47 NOTICE OF CHANGE OF ADDRESS by Laurie L. Largent (Largent, Laurie)
12/17/2010 48 INCORRECT ENTRY; SEE ENTRY #49. (Modified on 12/17/2010 to remove image and file as entry #49) (skh).
12/17/2010 49 PROPOSED ORDER Stipulation and Order for Consolidation, Appointment of Lead Plaintiff, and Approval of Selection of Lead Counsel by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner (skh)
12/17/2010 NOTICE OF DOCKET CORRECTION re: 48 JOINT MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust to consolidate cases. ERROR: Incorrect event selected. CORRECTION: Removed image and filed using the event Proposed Order. (skh)
12/18/2010 50 MOTION by Richard A. Speirs to Withdraw as Counsel on behalf of Wayne County Employees' Retirement System (Attachment: # 1 Proposed Order Granting Withdrawal of Richard Speirs as Counsel)(Pyles, Bradley) (Modified text to conform to filed document and to remove excess text on 12/19/2010) (skh).
12/28/2010 51 ORDER GRANTING MOTION OF RICHARD SPEIRS TO WITHDRAW AS COUNSEL: granting 50 MOTION to Withdraw as Attorney by Attorney Richard A. Speirs. Signed by Judge Irene C. Berger on 12/28/2010. (cc: attys; any unrepresented party) (slr)
12/28/2010 52 ORDER: directing Plaintiff, Macomb County Employees' Retirement System, to file an opposition or other response to the 49 Stipulation and Proposed Order by 1/7/2011. Signed by Judge Irene C. Berger on 12/28/2010. (cc: attys; any unrepresented party) (slr)
01/05/2011 53 RESPONSE by Macomb County Employees' Retirement System to the Court's 52 Order. (Wood, Christopher)
01/07/2011 54 MOTION to Withdraw Tricia McCormick as Counsel on behalf of David Wagner (Attachment: # 1 Proposed Order re Motion to Withdraw Tricia L. McCormick as Counsel)(Largent, Laurie) (Modified for clarity of text on 1/7/2011) (skh).
01/10/2011 55 ORDER: adopting the 49 Stipulation...for Consolidation, Appointment of Lead Plaintiff, and Approval of Selection of Lead Counsel filed 12/17/2010; consolidating 5:10-cv-0689 and 5:10-cv-0776; designating Civil Action No. 5:10-cv-0689 as the lead case; directing that this Order apply to the Consolidated Action and to each case that relates to the same subject matter that is subsequently filed in this Court or is transferred to this Court, and is consolidated with the Consolidated Action; directing that every pleading in the Consolidated Action shall have the following caption: "IN RE MASSEY ENERGY CO. SECURITIES LITIGATION, Civil Action No. 5:10-cv-00689;" requesting the assistance of counsel in calling to the attention of the Clerk of this Court the filing or transfer of any case that may properly be consolidated as part of the Consolidated Action; directing the Clerk to (a) file a copy of this Order in any case that arises out of the same subject matter as the Consolidated Action; (b) transmit electronically a copy of this Order to the attorneys for the parties in the newly-filed or transferred case; (c) make the appropriate entry in the Master Docket for the Consolidated Action; directing that each new case that arises out of the subject matter of the Consolidated Action be consolidated with the Consolidated Action; appointing Massachusetts PRIT as Lead Plaintiff in the Consolidated Action; approving Labaton Sucharow LLP and Robbins Geller Rudman & Dowd LLP as Co-Lead Counsel for the Class; approving James F. Humphreys & Associates, L.C. as Liaison Counsel for the Class; withdrawing Movant David Wagner's 17 Motion to Consolidate Related Actions, to Appoint David Wagner as Lead Plaintiff and for Approval of Selection of Counsel and 41 Motion to Strike Improper New Arguments in Reply Brief, or in the Alternative, for Leave to File Surreply; directing the Clerk to list Movant Wagner as a named Plaintiff in the Consolidated Action; terminating as moot the 14 Motion of Commonwealth of Massachusetts Pension Reserve Investment Trust for Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of Counsel. Signed by Judge Irene C. Berger on 1/10/2011. (cc: attys; any unrepresented party) (slr) (Modified on 1/11/2011 to correct link to the #49 Stipulation and to correct typographical error) (skh).
01/10/2011 THIS CASE HAS BEEN CONSOLIDATED WITH CIVIL ACTION NO. 5:10-CV-00776 AS OF JANUARY 10, 2011. ALL FURTHER ENTRIES SHALL BE DOCKETED HEREIN. (slr)
01/12/2011 56 ORDER AND NOTICE: Rule 12(b) Motions 2/18/2011. Rule 26(f) Meeting 3/31/2011. Last day to file report of Rule 26(f) Meeting 4/7/2011. Scheduling Conference at 11:00 AM on 4/21/2011 in Beckley. Entry of Scheduling Order 5/2/2011. Last Day to make Rule 26(a)(1) disclosures 5/6/2011. Signed by Judge Irene C. Berger on 1/12/2011.
(cc:attys; any unrepresented party) (slr) (Modified on 1/18/2011 to correct deadline for Rule 12(b) motion from 2/28/2011 to 2/18/2011) (skh).
01/14/2011 57 MOTION by MEE Investor Group to Withdraw from Civil Action (Giatras, Troy) (Modified text to conform to filed document on 1/14/2011) (skh).
01/14/2011 58 PROPOSED ORDER Granting Motion to Withdraw from Civil Action by MEE Investor Group (Giatras, Troy)
01/14/2011 59 STATEMENT OF VISITING ATTORNEY from Ira A. Schochet on behalf of Commonwealth of Massachusetts Pension Reserves Investment Trust. Local counsel: Samuel D. Elswick. (mls)
01/14/2011 60 PRO HAC VICE FEE in the sum of $50.00 received from Labaton Sucharow LLP. Receipt Number CHAR0001380. (cc: Administrative Services) (mls)
01/14/2011 61 STATEMENT OF VISITING ATTORNEY from David J. Goldsmith on behalf of Commonwealth of Massachusetts Pension Reserves Investment Trust. Local counsel: Samuel D. Elswick. (mls)
01/14/2011 62 PRO HAC VICE FEE in the sum of $50.00 received from Labaton Sucharow LLP. Receipt Number CHAR001381. (cc: Administrative Services) (mls)
01/14/2011 63 STATEMENT OF VISITING ATTORNEY from Joel H. Bernstein on behalf of Commonwealth of Massachusetts Pension Reserves Investment Trust. Local counsel: Samuel D. Elswick. (mls)
01/14/2011 64 PRO HAC VICE FEE in the sum of $50.00 received from Labaton Sucharow LLP. Receipt Number CHAR001382. (cc: Administrative Services) (mls)
01/14/2011 65 STATEMENT OF VISITING ATTORNEY from Paul Jeffrey Geller on behalf of Macomb County Employees' Retirement System. Local counsel: James A. McKowen. (mls) (Entered: 01/18/2011)
01/14/2011 66 STATEMENT OF VISITING ATTORNEY from Jack Reise on behalf of Macomb County Employees' Retirement System. Local counsel: James A. McKowen. (mls) (Entered: 01/18/2011)
01/14/2011 67 PRO HAC VICE FEE in the sum of $100.00 received from Robbins Geller Rudman & Dowd. Receipt Number CHAR001383. (cc: Administrative Services) (mls) (Entered: 01/18/2011)
01/18/2011 DEADLINE CORRECTED in the 56 Order and Notice: Deadline for filing Rule 12(b) motions corrected from 2/28/2011 to 2/18/2011. (skh)
01/21/2011 68 JOINT MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust, Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbertee, E. Gordon Gee, J. Christopher Adkins to Modify 56 Order and Notice and for Entry of a Revised Scheduling Order (Attachment: # 1 Proposed Order)(Reise, Jack) (Modified text to conform to filed document and to add additional filers on 1/22/2011) (skh).
01/24/2011 69 STATEMENT OF VISITING ATTORNEY from Stuart W. Gold on behalf of Massey Energy Company, Robert H. Foglesong, Stanley C. Suboleski, James B. Crawford, Richard J. Gabrys, Barbara Thomas Judge, Dan R. Moore. Local counsel: Jonathan L.
01/25/2011 70 EMAIL NOTIFICATION to Stuart Gold requesting that he file an Attorney Registration Form for Electronic Filing or Attorney Registration Form for E-Mail Notification Only. (jkk) Modified on 1/26/2011 to correct typographical error. (jkk) (Entered: 01/26/2011)
01/28/2011 71 SECOND EMAIL NOTIFICATION to Joel H. Bernstein, Ira A. Schochet and David J. Goldsmith requesting that they file an Attorney Registration Form for Electronic Filing or an Attorney Registration Form for E-Mail Notification Only. (jkk)
02/02/2011 72 ORDER: granting the 68 JOINT MOTION by Plaintiffs and Defendants to Modify 56 Scheduling Order and for Entry of a Revised Scheduling Order; directing that Lead Plaintiff file and serve a Consolidated Amended Complaint by 3/11/2011; directing that Defendants file and serve responsive pleadings, move to dismiss, or otherwise respond to the Consolidated Amended Complaint by 4/25/2011; directing Lead Plaintiff to file and serve its response(s) to any motions to dismiss by 6/9/2011; directing Defendants to file and serve any reply brief(s) in further support of their motion(s) to dismiss by 7/11/2011; cancelling the Scheduling Conference previously scheduled for 4/21/2011. Signed by Judge Irene C. Berger on 2/2/2011. (cc: attys; any unrepresented party) (slr)
02/02/2011 73 ORDER GRANTING MOVANT, MEE INVESTOR GROUP'S MOTION TO WITHDRAW FROM CIVIL ACTION: Directing that the Motion of Movant MEE Investor Group to withdraw from the this action is GRANTED; Directing that Troy N. Giatras, The Giatras Law Firm, Charles J. Piven, David A.P. Brower and Brower Piven, are hereby withdrawn as counsel for the Movant MEE Investor Group; and Directing that MEE Investor Group is hereby withdrawn and shall be removed from the Court's docket in this matter. Signed by Judge Irene C. Berger on 2/2/2011. (cc: attys; any unrepresented party) (mls)
02/03/2011 74 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Troy N. Giatras on behalf of MEE Investor Group. (Giatras, Troy)
02/11/2011 75 ORDER granting 54 MOTION to Withdraw Tricia L. McCormick as Counsel. Attorney Tricia L. McCormick terminated. Signed by Judge Irene C. Berger on 2/11/2011. (cc: attys; David Wagner ) (cds)
02/16/2011 76 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner for Partial Lift of the PSLRA Discovery Stay (Attachment: # 1 Proposed Order)(Bernstein, Joel)
02/16/2011 77 MEMORANDUM by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner in support of 76 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner for Partial Lift of the PSLRA Discovery Stay (Bernstein, Joel)
02/16/2011 78 DECLARATION by Joel H. Bernstein on behalf of Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner in support of 76 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner for Partial Lift of the PSLRA Discovery Stay (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Bernstein, Joel) (Modified title of entry from affidavit to declaration on 2/17/2011) (skh).
03/03/2011 79 COMBINED MOTIONS by United States of America to Intervene and to Stay Discovery (Westfall, Fred) (Modified text to conform to filed document on 3/3/2011) (skh).
03/07/2011 80 MEMORANDUM by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B. Tolbert in opposition to 76 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner for Partial Lift of the PSLRA Discovery Stay (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Harvey, Tammy) (Modified description of attachments on 3/7/2011) (skh).
03/07/2011 81 RESPONSE by James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C. Suboleski in opposition of 76 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner for Partial Lift of the PSLRA Discovery Stay (Anderson, Jonathan)
03/10/2011 82 ORDER: that the 79 MOTION by United States of America to Intervene and to Stay Discovery be referred to the Honorable R. Clarke VanDervort for disposition. Signed by Judge Irene C. Berger on 3/10/2011. (cc: Magistrate Judge VanDervort; attys; any unrepresented party) (cds)
03/11/2011 83 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner (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)(Bernstein, Joel)(Modified text to conform to filed document and to add additional filer on 3/14/2011) (skh).
03/15/2011 84 EMAIL NOTIFICATION to Felicia Y. Mann, Re: Electronic filing. (Attachments: # 1 Clerk's Notice) (jkk)
03/16/2011 85 JOINT STIPULATION CONCERNING BRIEFING ON THE PARTIAL LIFTING OF THE PSLRA DISCOVERY STAY by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr., Eric B. Tolbert, Stanley C. Suboleski, J. Christopher Adkins, Donald L. Blankenship, United States of America (Bernstein, Joel) (Modified title of entry to conform to filed document and to add additional filers on 3/17/2011) (skh).
03/17/2011 86 STATEMENT OF VISITING ATTORNEY from Felicia Y. Mann on behalf of Commonwealth of Massachusetts Pension Reserves Investment Trust. Local counsel: Samuel D. Elswick, James F. Humphreys & Associates, L.C. (cds)
03/17/2011 87 PRO HAC VICE FEE in the sum of $50.00 received from Felicia Y. Mann, Labaton Sucharow LLP. Receipt Number CHAR001727. (cc: Administrative Services) (cds)
03/18/2011 88 ORDER: striking Attorneys Thomas C. Michaud and Michael J. Vanoverbeke as counsel of record in this matter, for failure to comply with this Court's Local Rule of Civil Procedure 83.6. Signed by Judge Irene C. Berger on 3/18/2011. (Attachments: # 1 Correspondence from the Clerk's Office) (cc: attys; any unrepresented party) (slr)
03/18/2011 89 ORDER: referring the 76 MOTION by the Commonwealth of Massachusetts Pension Reserves Investment Trust and David Wagner for Partial Lift of the PSLRA Discovery Stay to Magistrate Judge R. Clarke VanDervort for disposition. Signed by Judge Irene C.
Berger on 3/18/2011. (cc: Magistrate Judge VanDervort; attys; any unrepresented party) (slr)
04/01/2011 90 REPLY by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner to 80 Memorandum In Opposition, 81 Response In Opposition and RESPONSE by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner in opposition of 79 COMBINED MOTIONS by United States of America to Intervene and to Stay Discovery (Attachments: # 1 Declaration of Joel H. Bernstein, # 2 Exhibit 1 to Bernstein Declaration, # 3 Exhibit 2 to Bernstein Declaration, # 4 Exhibit 3 to Bernstein Declaration, # 5 Exhibit 4 to Bernstein Declaration, # 6 Exhibit 5 to Bernstein Declaration, # 7 Exhibit 6 to Bernstein Declaration, # 8 Exhibit 7 to Bernstein Declaration, # 9 Exhibit 8 to Bernstein Declaration, # 10 Exhibit 9 to Bernstein Declaration, # 11 Proposed Order)(Bernstein, Joel) (Modified for clarity of text on 4/4/2011) (skh).
04/08/2011 91 MOTION by United States of America to Extend the Time to Respond to 90 Reply to Response to April 22, 2011 (Westfall, Fred) (Modified for clarity of text and to add link to #90 reply on 4/10/2011) (skh).
04/15/2011 92 REPLY by United States of America to 90 Response In Opposition. (Attachment: # 1 Proposed Order)(Westfall, Fred) (Modified on 4/17/2011 for clarity of text and to remove link to #91 motion) (skh).
04/20/2011 93 JOINT OBJECTION to Proposed Order Granting Plaintiffs' Motion to Partially Lift the PSLRA Discovery Stay attached to the 92 Reply to Response by J. Christopher Adkins, Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert (Anderson, Jonathan) (Modified text to conform to filed document on 4/21/2011) (skh).
04/25/2011 94 MOTION by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B. Tolbert to Dismiss 83 Consolidated Amended Class Action Complaint (Flaherty, Thomas) (Modified on 4/26/2011 to add link to #83 amended complaint) (skh).
04/25/2011 95 MEMORANDUM by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B. Tolbert in support of 94 MOTION by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B. Tolbert to Dismiss 83 Consolidated Amended Class Action Complaint (Flaherty, Thomas) (Modified text to conform to filed document and to replace incomplete image with complete image on 4/26/2011) (skh).
04/25/2011 96 JOINT MOTION by James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C. Suboleski to Dismiss 83 Consolidated Amended Class Action Complaint (Attachment: # 1 Declaration of Julie A. North with Exhibits A-H)(Anderson, Jonathan) (Modified for clarity of text and to edit description of attachment on 4/26/2011) (skh). (Attachment 1 replaced on 3/28/2012) (cds). Modified on 3/28/2012 strike exhibits B-H (cds).
04/25/2011 97 MEMORANDUM by James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C. Suboleski in support of 96 JOINT MOTION by James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C. Suboleski to Dismiss 83 Consolidated Amended Class Action Complaint (Anderson, Jonathan) (Modified for clarity of text on 4/26/2011)
(skh).
04/26/2011 NOTICE OF DOCKET CORRECTION re: 95 Memorandum by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B. Tolbert in support of 94 MOTION to Dismiss 83 Consolidated Amended Class Action Complaint. ERROR: Incomplete image attached. CORRECTION: Incomplete image replaced with complete image. (skh)
05/26/2011 98 PROPOSED ORDER Joint Stipulated Proposed Order Concerning Page Length of Opposition to Defendants' Motions to Dismiss Plaintiffs' Consolidated Amended Complaint by J. Christopher Adkins, Don L. Blankenship, Commonwealth of Massachusetts Pension Reserves Investment Trust, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert, David Wagner (Bernstein, Joel)
06/06/2011 99 JOINT STIPULATED ORDER CONCERNING PAGE LENGTH OF OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' CONSOLIDATED AMENDED COMPLAINT: ordering that, subject to the approval of the Court, Plaintiffs shall file an omnibus memorandum in opposition to Defendants' Motions to Dismiss the Complaint totaling up to fifty (50) pages. Signed by Judge Irene C. Berger on 6/6/2011. (cc: attys; any unrepresented party) (slr)
06/09/2011 100 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner to Strike Exhibits B-H to the Declaration of Julie A. North attached to the 96 JOINT MOTION by James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C. Suboleski to Dismiss (Bernstein, Joel) (Modified text to conform to filed document on 6/10/2011) (skh).
06/09/2011 101 MEMORANDUM by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner in support of 100 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner to Strike Exhibits B-H to the Declaration of Julie A. North attached to the 96 Joint Motion to Dismiss (Bernstein, Joel) (Modified text to conform to filed document on 6/10/2011) (skh).
06/09/2011 102 PROPOSED ORDER Striking Exhibits B-H to the Declaration of Julie A. North in Support of Defendants' Motions to Dismiss by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner (Bernstein, Joel)
06/09/2011 103 MEMORANDUM by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner in opposition to 94 MOTION by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B. Tolbert to Dismiss 83 Consolidated Amended Class Action Complaint and 96 JOINT MOTION by James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C. Suboleski to Dismiss 83 Consolidated Amended Class Action Complaint (Bernstein, Joel)
06/09/2011 104 DECLARATION by Joel H. Bernstein, on behalf of Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner in support of 103 Memorandum In Opposition. (Attachments: # 1 Exhibit A to Declaration, # 2 Exhibit B to Declaration, # 3 Exhibit C to Declaration, # 4 Exhibit D to Declaration, # 5 Exhibit E to Declaration, # 6 Exhibit F to Declaration)(Bernstein, Joel) (Modified text to conform to filed document, to add link to #103 memorandum, to remove link to #94 and #96 motions and to edit description of attachments on 6/10/2011) (skh).
06/16/2011 105 NOTICE OF ATTORNEY APPEARANCE by Ricklin Brown on behalf of Alpha Appalachia Holdings, Inc. (Brown, Ricklin) (Modified on 6/17/2011 to correct party filer) (skh).
06/16/2011 106 NOTICE OF ATTORNEY APPEARANCE by Christopher S. Morris on behalf of Alpha Appalachia Holdings, Inc. (Morris, Christopher) (Modified on 6/17/2011 to correct party filer) (skh).
06/16/2011 107 NOTICE OF ATTORNEY APPEARANCE by Brian A. Glasser on behalf of Alpha Appalachia Holdings, Inc. (Glasser, Brian) (Modified on 6/17/2011 to correct party filer) (skh).
06/17/2011 108 STATEMENT OF VISITING ATTORNEY from Mitchell A. Lowenthal on behalf of Alpha Appalachia Holdings, Inc. formerly known as Massey Energy Company. Local counsel: Ricklin Brown. (cds) (Modified for clarity of text on 6/22/2011) (skh).
06/17/2011 109 PRO HAC VICE FEE in the sum of $50.00 received from CLEARY GOTTLIEB STEEN HAMILTON. Receipt Number CHAR002226. (cc: Administrative Services) (cds)
06/17/2011 110 STATEMENT OF VISITING ATTORNEY from Boaz S. Morag on behalf of Alpha Appalachia Holdings, Inc. formerly known as Massey Energy Company. Local counsel: Ricklin Brown. (cds) (Modified for clarity of text on 6/22/2011) (skh).
06/17/2011 111 PRO HAC VICE FEE in the sum of $50.00 received from CLEARY GOTTLIEB STEEN HAMILTON. Receipt Number CHAR002227. (cc: Administrative Services) (cds)
06/17/2011 112 EMAIL NOTIFICATION to Mitchell A. Lowenthal and Boaz S. Morag from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice) (jkk)
06/22/2011 113 NOTICE of Name Change from Massey Energy Company to Alpha Appalachia Holdings, Inc. by Alpha Appalachia Holdings, Inc. (Brown, Ricklin) (Modified for clarity of text on 6/22/2011) (skh).
06/22/2011 114 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Interested Party Alpha Appalachia Holdings, Inc. (Brown, Ricklin) (Modified on 6/22/2011 to remove Massey Energy Company as a filer) (skh).
06/27/2011 115 REQUEST FOR JUDICIAL NOTICE by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner in further support of 103 Memorandum In Opposition to Defendants' Motions to Dismiss. (Bernstein, Joel) (Modified text to conform to filed document on 6/27/2011) (skh).
06/27/2011 116 MEMORANDUM by Alpha Appalachia Holdings, Inc., James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Dan R. Moore, Stanley C. Suboleski in opposition of 100 MOTION by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner to Strike Exhibits B-H to the Declaration of Julie A. North attached to the 96 Joint Motion to Dismiss (Anderson, Jonathan) (Modified title of entry from "response" to "memorandum" to conform to filed document and to remove J. Christopher Adkins, Don L. Blankenship, Massey Energy Company, Baxter F. Phillips, Jr, and Eric B. Tolbert as filers on 6/27/2011) (skh).
06/27/2011 117 EXHIBIT A (Part 1) by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner to 115 Request for Judicial Notice. (Attachments: # 1 Exhibit A (Part 2) to Plaintiffs' Request for Judicial Notice, # 2 Exhibit A (Part 3) to Plaintiffs' Request for Judicial Notice, # 3 Exhibit A (Part 4) to Plaintiffs' Request for Judicial Notice, # 4 Exhibit A (Part 5) to Plaintiffs' Request for Judicial Notice)(Bernstein, Joel) (Modified title of entry to add "A (Part 1)," to add link to #115 request for judicial notice, and to remove link to #103 memorandum on 6/27/2011) (skh).
07/07/2011 118 REPLY by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner to 116 Memorandum in Opposition. (Attachment: # 1 Exhibit A)(Bernstein, Joel) (Modified on 7/8/2011 to add link to #116 memorandum and to remove link to #100 motion) (skh).
07/08/2011 119 JOINT MOTION by J. Christopher Adkins, Alpha Appalachia Holdings, Inc., Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert to Extend Deadline to File Response and Reply Briefs re: 115 Request for Judicial Notice and 103 Memorandum in Opposition to July 18, 2011 and July 25, 2011 (Anderson, Jonathan) (Modified text to conform to filed document and to add link to #115 request and #103 memorandum on 7/10/2011) (skh)
07/08/2011 120 PROPOSED ORDER Granting Joint Motion to Extend Deadline to File Response and Reply Briefs by J. Christopher Adkins, Alpha Appalachia Holdings, Inc., Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert (Anderson, Jonathan)
07/11/2011 121 ORDER: The JOINT MOTION to Extend Deadline to File Response and Reply Briefs is hereby GRANTED. It is ORDERED that the defendants must file any reply briefs in further support of their previously filed 94 96 motions to dismiss by 07/18/2011. It is further ORDERED that the deadline by which defendants must respond to the 115 Request for Judicial Notice In Further Support of Plaintiff's Opposition to Defendants' Motion to Dismiss is extended to July 18, 2011, with the plaintiffs' reply to be filed by July 25, 2011. Signed by Judge Irene C. Berger on 07/11/2011. (cc: attys; any unrepresented party) (mls)
07/13/2011 122 SUPPLEMENTAL PROFFER OF ADDITIONAL ALLEGATIONS by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner Supporting Plaintiffs' Request for Leave to Replead the Consolidated Amended Complaint, if Necessary re: 103 Memorandum In Opposition. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit B)(Bernstein, Joel) (Modified text to conform to filed document on 7/13/2011) (skh).
07/18/2011 123 REPLY MEMORANDUM by J. Christopher Adkins, Don L. Blankenship, Baxter F. Phillips, Jr, Eric B. Tolbert to 103 Memorandum In Opposition. (Harvey, Tammy) (Modified title of entry to add "reply," to add link to #103 memorandum and to remove link to #94 motion on 7/18/2011) (skh).
07/18/2011 124 REPLY by Alpha Appalachia Holdings, Inc., James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Stanley C. Suboleski to 103 Memorandum In Opposition. (Attachment: # 1 Declaration of Julie A. North)(Anderson, Jonathan) (Modified description of
attachment on 7/18/2011) (skh).
07/18/2011 125 RESPONSE by J. Christopher Adkins, Alpha Appalachia Holdings, Inc., Don L. Blankenship, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr, Stanley C. Suboleski, Eric B. Tolbert in opposition of 115 REQUEST FOR JUDICIAL NOTICE by Plaintiffs in further support of Memorandum In Opposition to Defendants' Motions to Dismiss and 122 SUPPLEMENTAL PROFFER OF ADDITIONAL ALLEGATIONS by Plaintiffs Supporting Plaintiffs' Request for Leave to Replead the Consolidated Amended Complaint, if Necessary (Attachment: # 1 Declaration of Jonathan L. Anderson)(Anderson, Jonathan) (Modified text to conform to filed document, to add link to #122 supplemental proffer and to edit description of attachment on 7/18/2011) (skh).
07/25/2011 126 REPLY by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner to 125 Response In Opposition. (Bernstein, Joel) (Modified on 7/25/2011 to add link to #125 response and to remove link to #115 request) (skh).
09/28/2011 127 MEMORANDUM OPINION AND ORDER: granting Plaintiffs' 76 MOTION for Partial Lift of PSLRA Discovery Stay; granting the United States' 79 MOTION to Intervene and Stay Discovery, except as provided in the Proposed Order submitted by Plaintiffs and the United States which will be entered and filed herein. Signed by Magistrate Judge R. Clarke VanDervort on 9/28/2011. (cc: attys; any unrepresented party) (slr)
09/28/2011 128 ORDER GRANTING PLAINTIFFS' 76 MOTION TO PARTIALLY LIFT THE PSLRA DISCOVERY STAY (See 127 Memorandum Opinion and Order). Signed by Magistrate Judge R. Clarke VanDervort on 2/28/2011. (cc: attys; any unrepresented party) (slr)
12/02/2011 129 PROPOSED ORDER Protective Order by Alpha Appalachia Holdings, Inc., J. Christopher Adkins, Don L. Blankenship, Commonwealth of Massachusetts Pension Reserves Investment Trust, James B. Crawford, Robert H. Foglesong, Richard J. Gabrys, E. Gordon Gee, Barbara Thomas Judge, Massey Energy Company, Dan R. Moore, Baxter F. Phillips, Jr., Stanley C. Suboleski, Eric B. Tolbert, David Wagner (Brown, Ricklin) (Modified on 12/3/2011 to add additional filers) (skh).
12/22/2011 130 THIRD PROFFER OF ADDITIONAL ALLEGATIONS by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner Supporting Plaintiffs' Request for Leave to Replead the Consolidated Amended Complaint, if Necessary, re: 103 Memorandum In Opposition. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3, # 4 Exhibit A Part 4, # 5 Exhibit A Part 5, # 6 Exhibit A Part 6, # 7 Exhibit A Part 7, # 8 Exhibit B)(Bernstein, Joel) (Modified text to conform to filed document on 12/22/2011) (skh).
01/23/2012 131 STATEMENT OF VISITING ATTORNEY from Irina Vasilchenko on behalf of Commonwealth of Massachusetts Pension Reserves Investment Trust. Local counsel: Samuel D. Elswick. Fee $50.00. Receipt # 0425-1730033. (Elswick, Samuel)
01/25/2012 132 EMAIL NOTIFICATION to Irina Vasilchenko with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice) (jkk)
01/26/2012 133 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Joel H. Bernstein in place of Stefanie J. Sundel on behalf of Commonwealth of Massachusetts Pension Reserves Investment Trust. (Bernstein, Joel) (Modified text to conform to filed document on 1/26/2012) (skh).
03/08/2012 134 ORDER: terminating as moot the 91 MOTION of the United States to Extend the Time for the United States to Respond to the Reply Memorandum of Law in Further Support of the Motion of Lead Plaintiff Commonwealth of Massachusetts Pension Reserves Investment Trust and Plaintiff David Wagner for Partial Lift of the PSLRA Discovery Stay and in Opposition to the United States of America's Combined Motions to Intervene and to Stay Discovery. Signed by Judge Irene C. Berger on 3/8/2012. (cc: attys; any unrepresented party) (slr)
03/09/2012 135 ORDER : Plaintiffs are to provide the court with a copy of the motion to amend together with the proposed amended pleading, no later than 3/12/2012. Signed by Judge Irene C. Berger on 3/9/2012. (cc: attys; any unrepresented party) (cds)
03/12/2012 136 CLARIFICATION by Commonwealth of Massachusetts Pension Reserves Investment Trust, David Wagner in Response to the Court's 135 Order Dated March 9, 2012. (Bernstein, Joel) (Modified for clarity of text on 3/12/2012) (skh).
03/28/2012 137 MEMORANDUM OPINION AND ORDER: denying 94 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint; denying 96 JOINT MOTION to Dismiss the Consolidated Amended Class Action Complaint; granting 100 MOTION to Strike Exhibits B-H to the Declaration of Julie A. North in Support of Defendants' Motions to Dismiss. Signed by Judge Irene C. Berger on 3/27/2012. (cc: attys; any unrepresented party) (slr)
Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html
