U.S. District Court Southern District of New York (Foley...
Transcript of U.S. District Court Southern District of New York (Foley...
US District Court Civil Docket as of September 25, 2009 Retrieved from the court on September 30, 2009
U.S. District Court Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:06-cv-11515-WHP
Albano v. Warner Chilcott Limited et al
Assigned to: Judge William H. Pauley, III
Member case: (View Member Case)
Related Cases: 1:06‐cv‐13007‐WHP
1:06‐cv‐13275‐WHP
1:06‐cv‐13011‐WHP
1:06‐cv‐13109‐WHP
1:06‐cv‐13091‐WHP
1:06‐cv‐13374‐WHP
Cause: 15:78m(a) Securities Exchange Act
Date Filed: 11/01/2006
Date Terminated: 07/15/2009
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question
Lead Plaintiff
Institutional Investor Group represented by Jack Gerald Fruchter
Abraham Fruchter & Twersky LLP
One Penn Plaza
Suite 1910
New York , NY 10119
212‐279‐5050
Fax: 212 279‐3655
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mario Alba , Jr
Coughlin Stoia Geller Rudman & Robbins, LLP
(LI)
58 South Service Road
Suite 200
Melville , NY 11747
631‐367‐7100
Fax: 631‐367‐1173
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ellen Anne Gusikoff Stewart
Coughlin Stoia Geller Rudman & Robbins, LLP
(San Diego)
655 West Broadway
Suite 1900
San Diego , CA 92101
(212)661‐1100
Fax: (619)‐231‐7423
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED
Lead Plaintiff
Wesley Ruggles Ltd. II
individually and on behalf of all others
similarly situated
represented by Jack Gerald Fruchter
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lawrence Donald Levit
Abraham Fruchter & Twersky LLP
One Penn Plaza
Suite 1910
New York , NY 10119
(212)‐279‐5050
Fax: (212)‐279‐3655
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mario Alba , Jr
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ellen Anne Gusikoff Stewart
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Evan Jay Kaufman
Coughlin Stoia Geller Rudman & Robbins, LLP
(LI)
58 South Service Road
Suite 200
Melville , NY 11747
(631) 367‐7100
Fax: (631) 367‐1173
Email: [email protected]
ATTORNEY TO BE NOTICED
Lead Plaintiff
International Brotherhood of Electrical
Workers Local 98
represented by Lawrence Donald Levit
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ellen Anne Gusikoff Stewart
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Evan Jay Kaufman
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Angelo Albano
Individually and on behalf of all others
similarly situated
represented by David Avi Rosenfeld
Coughlin Stoia Geller Rudman & Robbins, LLP
(LI)
58 South Service Road
Suite 200
Melville , NY 11747
631‐367‐7100
Fax: 631‐367‐1173
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Samuel Howard Rudman
Coughlin Stoia Geller Rudman & Robbins, LLP
(LI)
58 South Service Road
Suite 200
Melville , NY 11747
(631) 367‐7100
Fax: (631) 367‐1173
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ellen Anne Gusikoff Stewart
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
V.
Consolidated Plaintiff
Marc Weinberg represented by Richard A Speirs
Zwerling, Schachter & Zwerling (Madison
Avenue)
41 Madison Avenue
New York , NY 10010
2122233900
Fax: 2123715969
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ellen Anne Gusikoff Stewart
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Evan Jay Kaufman
(See above for address)
ATTORNEY TO BE NOTICED
Consolidated Plaintiff
Robert Feeney represented by Fei‐Lu Qian
Pomerantz Haudek Block Grossman & Gross
LLP
100 Park Avenue, 26th Floor
New York , NY 10017
(212)‐661‐1100
Fax: (212)‐661‐8665
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ellen Anne Gusikoff Stewart
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Consolidated Plaintiff
Lon Engel represented by Ellen Anne Gusikoff Stewart
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Consolidated Plaintiff
Chris McCleod
individually and on behalf of all others
similarly situated
represented by Ellen Anne Gusikoff Stewart
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Consolidated Plaintiff
Maria Brennan represented by Ellen Anne Gusikoff Stewart
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
V.
Defendant
Warner Chilcott Limited represented by Richard A. Rosen
Paul, Weiss, Rifkind, Wharton & Garrison LLP
(NY)
1285 Avenue of the Americas
New York , NY 10019
212‐373‐3305
Fax: 212‐373‐2359
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robyn F. Tarnofsky
Paul, Weiss, Rifkind, Wharton & Garrison LLP
(NY)
1285 Avenue of the Americas
New York , NY 10019
(212)‐373‐3090
Fax: (212)‐373‐2359
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Daniel Shay Kirschbaum
Paul, Weiss, Rifkind, Wharton & Garrison LLP
(NY)
1285 Avenue of the Americas
New York , NY 10019
(212) 373‐3000 x3072
Fax: (212) 492‐0072
Email: [email protected]
ATTORNEY TO BE NOTICED
Defendant
Roger Boissonneault represented by Richard A. Rosen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robyn F. Tarnofsky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Daniel Shay Kirschbaum
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Paul Herendeen represented by Richard A. Rosen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robyn F. Tarnofsky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Daniel Shay Kirschbaum
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Warner Chilcott
Defendant
Goldman, Sachs & Co. represented by Mary Jane Eaton
Willkie Farr & Gallagher LLP (NY)
787 Seventh Avenue
New York , NY 10019
(212) 728‐8000
Fax: (212) 728‐8111
Email: [email protected]
LEAD ATTORNEY
Defendant
Credit Suisse Securities (USA) LLC represented by Mary Jane Eaton
(See above for address)
LEAD ATTORNEY
Defendant
J.P. Morgan Securities Inc. represented by Mary Jane Eaton
(See above for address)
LEAD ATTORNEY
Defendant
Morgan Stanley & Co. Incorporated represented by Mary Jane Eaton
(See above for address)
LEAD ATTORNEY
Date Filed # Docket Text
11/01/2006 1 COMPLAINT against Warner Chilcott Limited, Roger Boissonneault, Paul Herendeen. (Filing
Fee $ 350.00, Receipt Number 595702)Document filed by Angelo Albano.(lb, ) (Entered:
11/02/2006)
11/01/2006 SUMMONS ISSUED as to Warner Chilcott Limited, Roger Boissonneault, Paul Herendeen. (lb, )
(Entered: 11/02/2006)
11/01/2006 Magistrate Judge Henry B. Pitman is so designated. (lb, ) (Entered: 11/02/2006)
11/01/2006 Case Designated ECF. (lb, ) (Entered: 11/02/2006)
11/30/2006 2 ORDER: Counsel are directed to appear in Courtroom 11D at the Daniel Patrick Moynihan
United States Courthouse, 500 Pearl Street, New York, New York on February 16, 2007 at
10:30 a.m. for an initial pre‐trial conference with the Court for the purpose of discussing
settlement. (Signed by Judge William H. Pauley III on 11/28/06) (js, ) (Entered: 12/01/2006)
11/30/2006 3 ORDER RE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/16/2007 10:30 AM
before Judge William H. Pauley III, in courtroom 11D. (Signed by Judge William H. Pauley III on
11/28/06) (cd, ) (Entered: 12/01/2006)
11/30/2006 4 ORDER RE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/16/2007 10:30 AM
before Judge William H. Pauley III,in courtroom 11D. (Signed by Judge William H. Pauley III on
11/28/06) (cd, ) (Entered: 12/01/2006)
12/22/2006 5 ENDORSED LETTER addressed to Judge William H. Pauley from Mario Alba, Jr. dated 12/20/06
re: We request that the pre‐motion conference, pursuant to your individual practice 3.A.i, be
waived and leave granted to allow the undersigned to file a motion for appointment as lead
plaintiff pursuant to the PSLRA. ENDORSEMENT: Application GRANTED. So Ordered. (Signed
by Judge William H. Pauley III on 12/22/06) (js, ) (Entered: 12/26/2006)
12/27/2006 6 STIPULATION AND ORDER: No later than 45 days after the entry of an order consolidating
thses actions, and appointing lead plaintiff and plaintiffs lead counsel in the consolidated
action, plaintiffs in the consolidated action shall serve and file a consolidated amended
complaint which shall serve as the operative complaint in the consolidated action and shall
supersede any other complaints filed in or transferred to this Court. Defendants shall not be
required to answer or otherwise responding to, any of the complaints served in the above
captioned actions, other than the consolidated amended complaint. Defendants shall move,
answer or otherwise respond to the consolidated to the consolidated amended complaint
within 45 days of service upon Defendants counsel of the consolidated amended complaint.
Plaintiffs shall have 45 days to answer Defendants motion to dismiss, if any, and Defendants
shall have 30 days to serve a reply brief. (Signed by Judge William H. Pauley III on 12/26/06)
(js, ) (Entered: 12/27/2006)
01/03/2007 7 MOTION to Appoint Marc Weinberg to serve as lead plaintiff(s) and consolidation. Document
filed by Marc Weinberg. (Speirs, Richard) (Entered: 01/03/2007)
01/03/2007 8 MEMORANDUM OF LAW in Support re: 7 MOTION to Appoint Marc Weinberg to serve as lead
plaintiff(s) and consolidation.. Document filed by Marc Weinberg. (Speirs, Richard) (Entered:
01/03/2007)
01/03/2007 9 AFFIDAVIT of Richard A. Speirs in Support re: 7 MOTION to Appoint Marc Weinberg to serve
as lead plaintiff(s) and consolidation.. Document filed by Marc Weinberg. (Speirs, Richard)
(Entered: 01/03/2007)
01/03/2007 10 MOTION to Add Party(ies) Robert Feeney For Consolidation, Appointment of Lead Plaintiff
and Approval of Lead Counsel. Document filed by Robert Feeney. Return Date set for
2/16/2007 10:30 AM. (Attachments: # 1 Memorandum of Law in Support# 2 Text of Proposed
Order Proposed Order# 3 Certificate of Service)(Qian, Fei‐Lu) (Entered: 01/03/2007)
01/03/2007 11 MOTION to Appoint International Brotherhood of Electrical Workers Local 98 and Wesley
Ruggles Ltd. II to serve as lead plaintiff(s). Document filed by Institutional Investor Group.
(Attachments: # 1 Text of Proposed Order)(Alba, Mario) (Entered: 01/03/2007)
01/03/2007 12 MEMORANDUM OF LAW in Support re: 11 MOTION to Appoint International Brotherhood of
Electrical Workers Local 98 and Wesley Ruggles Ltd. II to serve as lead plaintiff(s).. Document
filed by Institutional Investor Group. (Alba, Mario) (Entered: 01/03/2007)
01/03/2007 13 AFFIDAVIT of Mario Alba Jr. in Support re: 11 MOTION to Appoint International Brotherhood
of Electrical Workers Local 98 and Wesley Ruggles Ltd. II to serve as lead plaintiff(s)..
Document filed by Institutional Investor Group. (Attachments: # 1 Exhibit # 2 Exhibit # 3
Exhibit # 4 Exhibit # 5 Exhibit)(Alba, Mario) (Entered: 01/03/2007)
01/16/2007 14 NOTICE OF APPEARANCE by Richard A. Rosen on behalf of Warner Chilcott Limited, Roger
Boissonneault, Paul Herendeen, Roger M. Boissoneault Filed In Associated Cases: 1:06‐cv‐
11515‐WHP et al.(Rosen, Richard) (Entered: 01/16/2007)
01/16/2007 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by
Warner Chilcott Limited, Roger Boissonneault, Paul Herendeen, Roger M.
Boissoneault.Associated Cases: 1:06‐cv‐11515‐WHP et al.(Rosen, Richard) (Entered:
01/16/2007)
01/16/2007 16 RESPONSE to Motion re: (11 in 1:06‐cv‐11515‐WHP) MOTION to Appoint International
Brotherhood of Electrical Workers Local 98 and Wesley Ruggles Ltd. II to serve as lead
plaintiff(s). [DEFENDANTS' RESPONSE TO THE INSTITUTIONAL INVESTORS GROUP'S MOTION
FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF CO‐LEAD
COUNSEL]. Document filed by Warner Chilcott Limited, Roger Boissonneault, Paul Herendeen,
Roger M. Boissoneault. Filed In Associated Cases: 1:06‐cv‐11515‐WHP et al.(Rosen, Richard)
(Entered: 01/16/2007)
01/16/2007 17 NOTICE OF APPEARANCE by Daniel Shay Kirschbaum on behalf of Warner Chilcott Limited,
Roger Boissonneault, Paul Herendeen, Roger M. Boissoneault Filed In Associated Cases: 1:06‐
cv‐11515‐WHP et al.(Kirschbaum, Daniel) (Entered: 01/16/2007)
01/16/2007 18 NOTICE OF APPEARANCE by Robyn F. Tarnofsky on behalf of Warner Chilcott Limited, Roger
Boissonneault, Paul Herendeen, Roger M. Boissoneault Filed In Associated Cases: 1:06‐cv‐
11515‐WHP et al.(Tarnofsky, Robyn) (Entered: 01/16/2007)
01/22/2007 19 MEMORANDUM OF LAW in Opposition re: 10 MOTION to Add Party(ies) Robert Feeney For
Consolidation, Appointment of Lead Plaintiff and Approval of Lead Counsel. MOTION to Add
Party(ies) Robert Feeney For Consolidation, Appointment of Lead Plaintiff and Approval of
Lead Counsel., 7 MOTION to Appoint Marc Weinberg to serve as lead plaintiff(s) and
consolidation.. Document filed by Institutional Investor Group. (Attachments: # 1 Exhibit A# 2
Exhibit B)(Alba, Mario) (Entered: 01/22/2007)
01/22/2007 20 RESPONSE in Support re: 10 MOTION to Add Party(ies) Robert Feeney For Consolidation,
Appointment of Lead Plaintiff and Approval of Lead Counsel. MOTION to Add Party(ies)
Robert Feeney For Consolidation, Appointment of Lead Plaintiff and Approval of Lead
Counsel.. Document filed by Robert Feeney. (Lieberman, Jeremy) (Entered: 01/22/2007)
01/22/2007 21 MOTION to Appoint Marc Weinberg to serve as lead plaintiff(s) Non‐Opposition to Motion for
Lead Plaintiffs of Institutional Investors Group. Document filed by Marc Weinberg.(Speirs,
Richard) (Entered: 01/22/2007)
02/01/2007 22 REPLY to Response to Motion re: 11 MOTION to Appoint International Brotherhood of
Electrical Workers Local 98 and Wesley Ruggles Ltd. II to serve as lead plaintiff(s).. Document
filed by Institutional Investor Group. (Rosenfeld, David) (Entered: 02/01/2007)
02/16/2007 23 ENDORSED LETTER addressed to Judge William H. Pauley from Richard A. Rosen dated
2/2/2007 re: to I respectfully submit this letter to reuqest an adjournment of the upcoming
status conference, which is currently scheduled for February 16, 2007. Status Conference set
for 3/2/2007 at 10:45 AM before Judge William H. Pauley III. ENDORSEMENT: Application
granted. The conference is adjourned to March 2, 2007 at 10:45 am. SO ORDERED. (Signed by
Judge William H. Pauley III on 2/14/2007) (jmi) (Entered: 02/20/2007)
02/22/2007 24 REPORT of Rule 26(f) Planning Meeting.(Rosen, Richard) (Entered: 02/22/2007)
03/21/2007 25 ORDER that purs. to FRCP 42(a) the actions, 06cv11515, 06cv13007, 06cv13011, 06cv13091,
06cv13109, 06cv13275, and 06cv13374, are hereby consolidated for all purposes under the
caption "In re Warner Chilcott Limited Securities Litigation, No. 06cv11515(WHP)." (Signed by
Judge William H. Pauley III on 3/20/07) (dle) (Entered: 03/22/2007)
03/21/2007 26 ORDER that class members, the International Brotherhood of Electrical Workers Local 98 and
Wesley Ruggles Ltd. II move for selection as lead plaintiff and for designation of their
attorneys, Lerach, Coughlin Stoia Geller Redman & Robbins LLP and Abraham, Fruchter &
Twersky, LLP as co lead counsel, for the reasons set forth in this order the motion is granted.
(Signed by Judge William H. Pauley III on 3/21/07) (dle) (Entered: 03/22/2007)
04/04/2007 27 SCHEDULING ORDER NO. 1:Plaintiffs shallfile and serve their Consolidated Amended
Complaint by May 4, 2007. Defendants shall move, answer or otherwise respond to the
consolidated amended complaint by June 18, 2007. (Signed by Judge William H. Pauley III on
4/3/07) (djc) (Entered: 04/05/2007)
05/04/2007 28 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending 1 Complaint against Warner
Chilcott, Goldman, Sachs & Co., Credit Suisse Securities (USA) LLC, J.P. Morgan Securities Inc.,
Morgan Stanley & Co. Incorporated, Roger Boissonneault, Paul Herendeen.Document filed by
Wesley Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98, Marc
Weinberg. Related document: 1 Complaint filed by Angelo Albano.(jco) (Entered: 05/10/2007)
05/22/2007 29 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Credit Suisse Securities (USA)
LLC served on 5/16/2007, answer due 6/5/2007. Service was accepted by Grace Shentwu,
V.P. Legal and Compliance. Document filed by Wesley Ruggles Ltd. II; International
Brotherhood of Electrical Workers Local 98; Marc Weinberg. Filed In Associated Cases: 1:06‐
cv‐11515‐WHP et al.(Alba, Mario) (Entered: 05/22/2007)
05/22/2007 30 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Goldman, Sachs & Co. served
on 5/15/2007, answer due 6/4/2007. Service was accepted by Deborah Rivera, V.P. Litigation
& Regulatory Proceedings. Document filed by Wesley Ruggles Ltd. II; International
Brotherhood of Electrical Workers Local 98; Marc Weinberg. Filed In Associated Cases: 1:06‐
cv‐11515‐WHP et al.(Alba, Mario) (Entered: 05/22/2007)
05/22/2007 31 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. J.P. Morgan Securities Inc.
served on 5/15/2007, answer due 6/4/2007. Service was accepted by Linda A. Platone, Legal
Specialist. Document filed by Wesley Ruggles Ltd. II; International Brotherhood of Electrical
Workers Local 98; Marc Weinberg. Filed In Associated Cases: 1:06‐cv‐11515‐WHP et al.(Alba,
Mario) (Entered: 05/22/2007)
05/22/2007 32 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Morgan Stanley & Co.
Incorporated served on 5/16/2007, answer due 6/5/2007. Service was accepted by Dana
Balacek, Managing Agent. Document filed by Wesley Ruggles Ltd. II; International
Brotherhood of Electrical Workers Local 98; Marc Weinberg. Filed In Associated Cases: 1:06‐
cv‐11515‐WHP et al.(Alba, Mario) (Entered: 05/22/2007)
05/22/2007 33 ENDORSED LETTER addressed to Judge William H. Pauley from Richard Rosen dated 5/15/07
re: counsel for dfts request an adjournment until a date after 6/25/07. Application granted.
The conference is adjourned to 7/6/07 at 12:00 p.m. Counsel are directed to call chambers
with all parties on the line. (Signed by Judge William H. Pauley III on 5/18/07) (dle) (Entered:
05/23/2007)
05/22/2007 Set/Reset Hearings: Telephone Status Conference set for 7/6/2007 12:00 PM before Judge
William H. Pauley III. (dle) Modified on 5/23/2007 (Lewis, Diahan). (Entered: 05/23/2007)
05/24/2007 34 NOTICE OF APPEARANCE by Evan Jay Kaufman on behalf of Wesley Ruggles Ltd. II,
International Brotherhood of Electrical Workers Local 98, Marc Weinberg Filed In Associated
Cases: 1:06‐cv‐11515‐WHP et al.(Kaufman, Evan) (Entered: 05/24/2007)
06/04/2007 35 STIPULATION AND ORDER FOR ENLARGEMENT OF TIME FOR UNDERWRITER DEFENDANTS TO
ANSWER, MOVE, OR OTHERWISE RESPOND TO COMPLAINT, the Underwriter Defendants
shall answer, move or otherwise respond to the Consolidated Amended Complaint on or
before 6/29/2007. (Signed by Judge William H. Pauley III on 5/30/07) (kco) (Entered:
06/05/2007)
06/18/2007 36 ANSWER to Amended Complaint. Document filed by Warner Chilcott Limited, Roger
Boissonneault, Paul Herendeen. Related document: 28 Amended Complaint, filed by Wesley
Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98, Marc Weinberg.
(Attachments: # 1 Affidavit of Service)(Rosen, Richard) (Entered: 06/18/2007)
06/29/2007 37 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Warner Chilcott Limited, Roger
Boissonneault, Paul Herendeen. (Attachments: # 1 Exhibit)(Rosen, Richard) (Entered:
06/29/2007)
06/29/2007 38 ANSWER to Amended Complaint. Document filed by Goldman, Sachs & Co., Credit Suisse
Securities (USA) LLC, J.P. Morgan Securities Inc., Morgan Stanley & Co. Incorporated. Related
document: 28 Amended Complaint, filed by Wesley Ruggles Ltd. II, International Brotherhood
of Electrical Workers Local 98, Marc Weinberg. (Attachments: # 1 Certificate of
Service)(Eaton, Mary) (Entered: 06/29/2007)
06/29/2007 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying JPMorgan Chase & Co. as
Corporate Parent. Document filed by J.P. Morgan Securities Inc.. (Attachments: # 1 Certificate
of Service)(Eaton, Mary) (Entered: 06/29/2007)
06/29/2007 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Credit Suisse Group as Corporate
Parent. Document filed by Credit Suisse Securities (USA) LLC. (Attachments: # 1 Certificate of
Service)(Eaton, Mary) (Entered: 06/29/2007)
06/29/2007 41 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Morgan Stanley as Corporate
Parent. Document filed by Morgan Stanley & Co. Incorporated. (Attachments: # 1 Certificate
of Service)(Eaton, Mary) (Entered: 06/29/2007)
06/29/2007 42 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Goldman Sachs Group, Inc. as
Corporate Parent. Document filed by Goldman, Sachs & Co.. (Attachments: # 1 Certificate of
Service)(Eaton, Mary) (Entered: 06/29/2007)
07/11/2007 43 SCHEDULING ORDER No. 2:Motions to amend pleadings due by 10/15/2007. Responses due
by 11/1/2007. Replies due by 12/3/2007. Fact Discovery due by 2/1/2008. Oral Argument set
for 1/11/2008 at 11:00 AM befor Judge William H. Pauley III. All Expert Discovery due 6/2/08.
So Ordered. (Signed by Judge William H. Pauley III on 7/7/07) (js) (Entered: 07/12/2007)
07/24/2007 44 NOTICE OF APPEARANCE by Lawrence Donald Levit on behalf of Wesley Ruggles Ltd. II,
International Brotherhood of Electrical Workers Local 98 (Levit, Lawrence) (Entered:
07/24/2007)
07/31/2007 45 TRANSCRIPT of proceedings held on 7/6/07 before Judge William H. Pauley III. (jbe) (Entered:
07/31/2007)
09/11/2007 46 NOTICE of Change of Firm Name. Document filed by Wesley Ruggles Ltd. II, International
Brotherhood of Electrical Workers Local 98. Filed In Associated Cases: 1:06‐cv‐11515‐WHP et
al.(Rudman, Samuel) (Entered: 09/11/2007)
09/28/2007 47 FILING ERROR ‐ WRONG DOCUMENT TYPE SELECTED FROM MENU ‐ NOTICE of Motion for
Class Certification. Document filed by Wesley Ruggles Ltd. II, International Brotherhood of
Electrical Workers Local 98, Marc Weinberg. Filed In Associated Cases: 1:06‐cv‐11515‐WHP et
al.(Kaufman, Evan) Modified on 10/9/2007 (GF). (Entered: 09/28/2007)
09/28/2007 48 MOTION to Certify Class. Document filed by Wesley Ruggles Ltd. II, International Brotherhood
of Electrical Workers Local 98, Marc Weinberg.Filed In Associated Cases: 1:06‐cv‐11515‐WHP
et al.(Kaufman, Evan) (Entered: 09/28/2007)
09/28/2007 49 MEMORANDUM OF LAW in Support re: (18 in 1:06‐cv‐13007‐WHP, 18 in 1:06‐cv‐13275‐WHP,
17 in 1:06‐cv‐13109‐WHP, 20 in 1:06‐cv‐13374‐WHP, 48 in 1:06‐cv‐11515‐WHP, 20 in 1:06‐cv‐
13091‐WHP, 22 in 1:06‐cv‐13011‐WHP) MOTION to Certify Class.. Document filed by Wesley
Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98, Marc Weinberg.
Filed In Associated Cases: 1:06‐cv‐11515‐WHP et al.(Kaufman, Evan) (Entered: 09/28/2007)
09/28/2007 50 DECLARATION of Evan J. Kaufman in Support re: (18 in 1:06‐cv‐13007‐WHP, 18 in 1:06‐cv‐
13275‐WHP, 17 in 1:06‐cv‐13109‐WHP, 20 in 1:06‐cv‐13374‐WHP, 48 in 1:06‐cv‐11515‐WHP,
20 in 1:06‐cv‐13091‐WHP, 22 in 1:06‐cv‐13011‐WHP) MOTION to Certify Class.. Document
filed by Wesley Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98, Marc
Weinberg. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)Filed In Associated
Cases: 1:06‐cv‐11515‐WHP et al.(Kaufman, Evan) (Entered: 09/28/2007)
10/02/2007 51 STIPULATION AND ORDER GOVERNING THE PRODUCTION AND USE OF CONFIDENTIAL
MATERIAL...regarding procedures to be followed that shall govern the handling of
confidential material... (Signed by Judge William H. Pauley III on 10/1/2007) (jar) (Entered:
10/02/2007)
10/29/2007 52 SCHEDULING ORDER NO. 3: Defendants are to serve and file any opposition tot he pending
motion for class certification by 11/19/07. Plaintiffs are to serve and file any reply on the
motion for class certification by 12/21/07. Any motion to amend pleadings or to join
additional parties is to be served and filed by 1/11/08. Oral Argument set for 1/25/2008 at
11:00 AM before Judge William H. Pauley III. All fact discovery due by 5/1/08. Plaintiffs are to
produce all materials required by Fed. R. Civ. P. 26(a)(2) by 5/28/08. Defendants are to
produce all materials required by Fed. R. Civ. P. 26(a)(2) by 7/11/08. Plaintiffs are to submit
any rebuttal expert materials, regarding issues raised in Defendants expert materials, by
8/5/08. All expert discovery due by 9/12/2008. Status Conference set for 6/15/2008 at 10:00
AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 10/24/07)
(tro) Copies Mailed By Chambers. (Entered: 10/29/2007)
11/19/2007 53 RESPONSE to Motion re: 48 MOTION to Certify Class.. Document filed by Goldman, Sachs &
Co., Credit Suisse Securities (USA) LLC, J.P. Morgan Securities Inc., Morgan Stanley & Co.
Incorporated, Warner Chilcott Limited, Roger Boissonneault, Paul Herendeen. (Rosen,
Richard) (Entered: 11/19/2007)
12/21/2007 54 REPLY MEMORANDUM OF LAW in Support re: (18 in 1:06‐cv‐13007‐WHP, 18 in 1:06‐cv‐
13275‐WHP, 17 in 1:06‐cv‐13109‐WHP, 20 in 1:06‐cv‐13374‐WHP, 48 in 1:06‐cv‐11515‐WHP,
20 in 1:06‐cv‐13091‐WHP, 22 in 1:06‐cv‐13011‐WHP) MOTION to Certify Class.. Document
filed by Wesley Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98. Filed
In Associated Cases: 1:06‐cv‐11515‐WHP et al.(Kaufman, Evan) (Entered: 12/21/2007)
12/21/2007 55 DECLARATION of Evan J. Kaufman in Support re: (18 in 1:06‐cv‐13007‐WHP, 18 in 1:06‐cv‐
13275‐WHP, 17 in 1:06‐cv‐13109‐WHP, 20 in 1:06‐cv‐13374‐WHP, 48 in 1:06‐cv‐11515‐WHP,
20 in 1:06‐cv‐13091‐WHP, 22 in 1:06‐cv‐13011‐WHP) MOTION to Certify Class.. Document
filed by Wesley Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:06‐cv‐11515‐WHP et
al.(Kaufman, Evan) (Entered: 12/21/2007)
01/04/2008 56 ORDER: The Court having consolidated the above captioned actions for all purposes under
the caption "In re Warner Chilcott Limited Securities Litigation, No. 06Civ.11515(WHP)" in an
Order dated 3/20/07, the Clerk of the Court is directed to close the following actions and file
all papers in these cases in Master File No. 06 Civ. 11515: (a)06cv13007(WHP)
(b)06cv13011(WHP) (c)06cv13091(WHP) (d)06cv13109(WHP) (e)06cv13275(WHP)
(f)06cv13374(WHP). (Signed by Judge William H. Pauley, III on 1/2/08) Filed In Associated
Cases: 1:06‐cv‐11515‐WHP et al. (db) (Entered: 01/07/2008)
02/04/2008 57 MEMORANDUM AND ORDER; that plaintiffs' move to certify the following class as set forth in
this Order. Defendants do not oppose class certification, but requests discovery of certain
absent class members. For the reasons set forth herein, Plaintiffs' and Defendants' motions
are granted. The Court also appoints Lead Plaintiff's as class representatives and Coughlin
Stoia and Abraham Fruchter as Class Counsel. Defendants' requests for discovery of absent
class members is granted. The parties are directed to provide the Court with a proposed form
of notice to the class by 2/29/08. (Signed by Judge William H. Pauley, III on 2/4/08) (pl)
(Entered: 02/04/2008)
02/06/2008 58 TRANSCRIPT of proceedings held on 1/29/08 before Judge William H. Pauley, III. (jbe)
(Entered: 02/06/2008)
02/14/2008 59 ENDORSED LETTER addressed to Judge William H. Pauley from Evan J. Kaufman dated 2/7/08
re: Accordingly, in order to conserve resources, the parties request a continuance of the
requirement that the parties provide a form of notice to the Court by February 29, 2008, until
after the parties have attended the mediation. ENDORSEMENT: Application GRANTED. The
parties shall provide a proposed form of notice by April 4, 2008. So Ordered. (Signed by Judge
William H. Pauley, III on 2/13/08) (js) (Entered: 02/14/2008)
03/03/2008 60 SCHEDULING ORDER No. 4: Status Conference set for 12/19/2008 at 10:00 AM before Judge
William H. Pauley III. Expert Discovery due by 3/13/2009. Fact discovery due 10/31/08.
(Signed by Judge William H. Pauley, III on 2/28/08) (js) (Entered: 03/03/2008)
03/06/2008 61 TRANSCRIPT of proceedings held on 1/29/08 before Judge William H. Pauley, III. (cd)
(Entered: 03/06/2008)
04/03/2008 62 ENDORSED LETTER addressed to Judge William H. Pauley from Evan J. Kaufman dated
3/25/08 re: The parties request an adjournment of the date of the submission of the form of
notice and that counsel be allowed to report again to the Court on 4/25/08. ENDORSEMENT:
Application Granted. ( Status Report due by 4/25/2008.) (Signed by Judge William H. Pauley,
III on 4/2/08) (tro) (Entered: 04/03/2008)
05/01/2008 63 ENDORSED LETTER addressed to Judge William H. Pauley from Evan J. Kaufman dated
4/25/08 re: The parties request that they be permitted to submit a form of notice in
connection with the settlement at the time the preliminary approval motion is submitted.
ENDORSEMENT: Application Granted. (Signed by Judge William H. Pauley, III on 5/1/08) (tro)
(Entered: 05/02/2008)
09/04/2008 64 MOTION for Ellen Gusikoff Stewart to Appear Pro Hac Vice. Document filed by Lon Engel,
Chris McCleod, Wesley Ruggles Ltd. II, Maria Brennan, International Brotherhood of Electrical
Workers Local 98, Marc Weinberg, Angelo Albano, Robert Feeney, Institutional Investor
Group.(dle) (Entered: 09/08/2008)
09/09/2008 CASHIERS OFFICE REMARK on 64 Motion to Appear Pro Hac Vice, in the amount of $25.00,
paid on 09/04/2008, Receipt Number 662235. (jd) (Entered: 09/09/2008)
09/30/2008 65 ORDER GRANTING ADMISSION PRO HAC VICE 64 Motion for Ellen Gusikoff Stewart to Appear
Pro Hac Vice. (Signed by Judge William H. Pauley, III on 9/26/08) (mme) (Entered:
09/30/2008)
09/30/2008 Transmission to Attorney Admissions Clerk. Transmitted re: 65 Order on Motion to Appear
Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme)
(Entered: 09/30/2008)
10/28/2008 66 MOTION for Settlement Preliminary Approval. Document filed by Wesley Ruggles Ltd. II,
International Brotherhood of Electrical Workers Local 98. (Attachments: # 1 Exhibit 1
(Settlement Agreement), # 2 Exhibit 1 (Exhibits A‐A.1 to the Settlement Agreement), # 3
Exhibit 1 (Exhibits A.2‐B to the Settlement Agreement))(Taylor, Philip) (Entered: 10/28/2008)
10/28/2008 67 MEMORANDUM OF LAW in Support re: 66 MOTION for Settlement Preliminary Approval..
Document filed by Wesley Ruggles Ltd. II, International Brotherhood of Electrical Workers
Local 98. (Taylor, Philip) (Entered: 10/28/2008)
10/28/2008 68 DECLARATION of Lawrence D. Levit and Evan J. Kaufman in Support re: 66 MOTION for
Settlement Preliminary Approval.. Document filed by Wesley Ruggles Ltd. II, International
Brotherhood of Electrical Workers Local 98. (Attachments: # 1 Exhibit A)(Taylor, Philip)
(Entered: 10/28/2008)
10/28/2008 69 DECLARATION of Anya Verkhovskaya in Support re: 66 MOTION for Settlement Preliminary
Approval.. Document filed by Wesley Ruggles Ltd. II, International Brotherhood of Electrical
Workers Local 98. (Taylor, Philip) (Entered: 10/28/2008)
11/07/2008 70 ENDORSED LETTER addressed to Judge William H. Pauley from Lawrence D. Levit dated
10/30/08 re: Plaintiffs co‐lead counsel submits courtesy copies of the following papers set
forth in this letter in connection with plaintiffs' motions for preliminary approval of the
settlement, which documents were electronically filed. The parties jointly suggest the
following dates for the Court's consideration of this motion: November 4,13, 19, or 21. If Your
Honor wishes to discuss this matter, we are available at the Court's convenience.
ENDORSEMENT: Application Granted. The Court will hold a hearing on November 19, 2008 at
3:00 p.m. So Ordered. ( Status Conference set for 11/19/2008 at 03:00 PM before Judge
William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/7/08) (js) (Entered:
11/10/2008)
11/10/2008 71 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Morgan Stanley
as Corporate Parent. Document filed by Morgan Stanley & Co. Incorporated. (Attachments: #
1 Certificate of Service)(Eaton, Mary) (Entered: 11/10/2008)
11/18/2008 72 SECOND MEMORANDUM OF LAW in Support re: 66 MOTION for Settlement Preliminary
Approval.. Document filed by Wesley Ruggles Ltd. II, International Brotherhood of Electrical
Workers Local 98. (Taylor, Philip) (Entered: 11/18/2008)
11/20/2008 73 MEMORANDUM AND ORDER The Court grants the motion for preliminary approval of
settlement, approves the form of notice and authorizes the parties to proceed with the
mailing and publication of notice. A.B. Data is appointed Claims Administrator. The parties are
directed to arrange for the depositof the settlement funds in a CRIS account in this district.
The final approval hearing will be held on April 30, 2009 at 10:30 a.m. (Signed by Judge
William H. Pauley, III on 11/19/08) (mme) (Entered: 11/20/2008)
11/20/2008 Set/Reset Hearings: Status Conference set for 4/30/2009 at 10:30 AM before Judge William
H. Pauley III. (mme) (Entered: 11/20/2008)
12/03/2008 75 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: NOW,
THEREFORE, IT IS HEREBY ORDERED: That the Court does hereby preliminarily approve the
Stipulation and the Settlement set forth therein, subject to further consideration at the
Settlement Hearing described within. A hearing (the "Settlement Hearing") shall be held
before this Court on April 30, 2009, at 10:30 a.m., at the Daniel Patrick Moynihan United
States Courthouse, 500 Pearl Street, New York, New York, to determine whether the
proposed Settlement of the Litigation on the terms and conditions provided for in the
Stipulation is fair, reasonable and adequate to the Class Members and should be approved by
the Court; whether a Judgment should be entered herein; whether the proposed Plan of
Distribution, as set forth in VIII of the Notice of Pendency and Proposed Settlement of Class
Action (the "Notice"), should be approved; and to determine the amount of fees and
expenses that should be awarded to Plaintiffs' Co‐Lead Counsel and expenses to Lead
Plaintiffs. The Court may adjourn the Settlement Hearing without further notice to Class
Members. The Court approves, as to form and content, the Notice, the Proof of Claim and
Release form (the "Release"), and Summary Notice for publication annexed as Exhibits A‐1, A‐
2 and A‐3 hereto, and finds that the mailing and distribution of the Notice and publishing of
the Summary Notice in the manner and form set forth in paragraph 4‐5 of this Order meet
the requirements of Federal Rule of Civil Procedure 23 and due process, and are the best
notice practicable under the circumstances and shall constitute due and sufficient notice to
all Persons entitled thereto. (Signed by Judge William H. Pauley, III on 12/2/2008) Filed In
Associated Cases: 1:06‐cv‐11515‐WHP et al.(jfe) Modified on 4/10/2009 (jfe). (Entered:
12/16/2008)
12/08/2008 74 TRANSCRIPT of proceedings held on 11/19/08 before Judge William H. Pauley, III. (ama)
(Entered: 12/09/2008)
12/10/2008 CASHIERS OFFICE CRIS DEPOSIT dated 11/19/08, from Judge Judge William H. Pauley, III,
$6500000.00 deposited on 12/5/08, Receipt Number 671550 and placed into CRIS on
12/10/08. (dig) (Entered: 12/10/2008)
12/16/2008 Set/Reset Hearings: Settlement Conference set for 4/30/2009 at 10:30 AM before Judge
William H. Pauley III. Associated Cases: 1:06‐cv‐11515‐WHP et al.(jfe) (Entered: 12/16/2008)
12/24/2008 CASHIERS OFFICE CRIS DEPOSIT dated 11/19/08, from Judge Judge William H. Pauley, III,
$10,000,000.00 deposited on 12/22/08, Receipt Number 673261 and placed into CRIS on
12/24/08. (dig) (Entered: 12/24/2008)
03/13/2009 CASHIERS OFFICE REGISTRY DISBURSEMENT as per 73 Order on Motion for Settlement, dated
11/19/2008, from Judge Judge William H. Pauley, III, on 01/22/2009 disbursed to pay A B
DATA $77,537.04 Check No. 00851418 dated 01/22/2009 FEDEX# 1508 3152 0 (jd) (Entered:
03/13/2009)
04/09/2009 76 MOTION for Settlement and Plan of Allocation of Settlement Proceeds., MOTION for Attorney
Fees and Expenses.( Return Date set for 4/30/2009 at 10:30 AM.) Document filed by Wesley
Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98.(Stewart, Ellen)
(Entered: 04/09/2009)
04/09/2009 77 MEMORANDUM OF LAW in Support re: 76 MOTION for Settlement and Plan of Allocation of
Settlement Proceeds. MOTION for Attorney Fees and Expenses. Lead Plaintiffs' Memorandum
of Law in Support of Motion for Final Approval of Settlement and Plan of Allocation of
Settlement Proceeds. Document filed by Wesley Ruggles Ltd. II, International Brotherhood of
Electrical Workers Local 98. (Stewart, Ellen) (Entered: 04/09/2009)
04/09/2009 78 MEMORANDUM OF LAW in Support re: 76 MOTION for Settlement and Plan of Allocation of
Settlement Proceeds. MOTION for Attorney Fees and Expenses. Lead Plaintiffs' Counsel's
Memorandum of Law in Support of Motion for an Award of Attorneys' Fees and Expenses.
Document filed by Wesley Ruggles Ltd. II, International Brotherhood of Electrical Workers
Local 98. (Stewart, Ellen) (Entered: 04/09/2009)
04/09/2009 79 DECLARATION of Lawrence D. Levit and Evan J. Kaufman in Support re: 76 MOTION for
Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney Fees and
Expenses.. Document filed by Wesley Ruggles Ltd. II, International Brotherhood of Electrical
Workers Local 98. (Stewart, Ellen) (Entered: 04/09/2009)
04/09/2009 80 DECLARATION of Ellen Gusikoff Stewart on Behalf of Coughlin Stoia Geller Rudman & Robbin
LLP in Support re: 76 MOTION for Settlement and Plan of Allocation of Settlement Proceeds.
MOTION for Attorney Fees and Expenses.. Document filed by Wesley Ruggles Ltd. II,
International Brotherhood of Electrical Workers Local 98. (Attachments: # 1 Exhibit
A)(Stewart, Ellen) (Entered: 04/09/2009)
04/09/2009 81 DECLARATION of Lawrence D. Levit on Behalf of Abraham, Fruchter & Twersky, LLP in Support
re: 76 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for
Attorney Fees and Expenses.. Document filed by Wesley Ruggles Ltd. II, International
Brotherhood of Electrical Workers Local 98. (Attachments: # 1 Exhibit A)(Stewart, Ellen)
(Entered: 04/09/2009)
04/09/2009 82 DECLARATION of Bernard M. Gross on Behalf of Law Offices Bernard M. Gross, P.C. in Support
re: 76 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for
Attorney Fees and Expenses.. Document filed by Wesley Ruggles Ltd. II, International
Brotherhood of Electrical Workers Local 98. (Attachments: # 1 Exhibit A)(Stewart, Ellen)
(Entered: 04/09/2009)
04/09/2009 83 DECLARATION of Jeffrey Klafter on Behalf of Klafter Olsen & Lesser LLP in Support re: 76
MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for Attorney
Fees and Expenses.. Document filed by Wesley Ruggles Ltd. II, International Brotherhood of
Electrical Workers Local 98. (Attachments: # 1 Exhibit A)(Stewart, Ellen) (Entered:
04/09/2009)
04/09/2009 84 DECLARATION of Richard A. Speirs on Behalf of Zwerling, Schachter & Zwerling, LLP in Support
re: 76 MOTION for Settlement and Plan of Allocation of Settlement Proceeds. MOTION for
Attorney Fees and Expenses.. Document filed by Wesley Ruggles Ltd. II, International
Brotherhood of Electrical Workers Local 98. (Attachments: # 1 Exhibit A)(Stewart, Ellen)
(Entered: 04/09/2009)
04/09/2009 85 AFFIDAVIT of Michelle M. La Count, Esq. in Support re: 76 MOTION for Settlement and Plan of
Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed
by Wesley Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Stewart, Ellen) (Entered:
04/09/2009)
04/09/2009 86 NOTICE of Compendium of Unreported Authorities re: 76 MOTION for Settlement and Plan of
Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed
by Wesley Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98.
(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)(Stewart, Ellen) (Entered: 04/09/2009)
04/21/2009 87 MOTION for Disbursement of Funds to Pay Claims Administrator from Court Registry
Investment System. Document filed by Wesley Ruggles Ltd. II, International Brotherhood of
Electrical Workers Local 98. (Attachments: # 1 Exhibit 1)(Stewart, Ellen) (Entered:
04/21/2009)
04/23/2009 88 REPLY MEMORANDUM OF LAW in Support re: 76 MOTION for Settlement and Plan of
Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed
by Wesley Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98. (Stewart,
Ellen) (Entered: 04/23/2009)
04/23/2009 89 AFFIDAVIT of Michelle M. La Count, Esq. in Support re: 76 MOTION for Settlement and Plan of
Allocation of Settlement Proceeds. MOTION for Attorney Fees and Expenses.. Document filed
by Wesley Ruggles Ltd. II, International Brotherhood of Electrical Workers Local 98. (Stewart,
Ellen) (Entered: 04/23/2009)
05/04/2009 90 ORDER FOR DISBURSEMENT OF FUNDS TO PAY CLAIMS ADMINISTRATOR FROM COURT
REGISTRY INVESTMENT SYSTEM From the Settlement Fund on deposit with the Court Registry
Investment System, the Clerk of the Court shall issue a check payable to A.B. Data, Ltd. in the
amount of $8,611.17. The check shall be mailed to Michelle M. La Count, Esq., A.B. Data, Ltd.,
600 AB. Data Drive, Milwaukee, WI 53217. (Signed by Judge William H. Pauley, III on
4/30/2009) Filed In Associated Cases: 1:06‐cv‐11515‐WHP et al.(jmi) (Entered: 05/04/2009)
05/08/2009 CASHIERS OFFICE REGISTRY DISBURSEMENT as per 90 Order,, dated 04/30/2009, from Judge
Judge William H. Pauley, III, on 05/07/2009 disbursed to pay A.B. DATA LTD $8,611.17 Check
No. 00862015 dated 05/07/2009 FEDEX#8651 7529 4021 (jd) (Entered: 05/08/2009)
05/18/2009 91 MOTION for Disbursement of Funds to Pay Claims Administrator from Court Registry
Investment System. Document filed by Wesley Ruggles Ltd. II, International Brotherhood of
Electrical Workers Local 98. (Attachments: # 1 Exhibit 1)(Stewart, Ellen) (Entered:
05/18/2009)
05/19/2009 92 ENDORSED LETTER addressed to Judge William H. Pauley from Lawrence Levit dated 5/5/09
re: counsel for plaintiffs request the opportunity to file supplemental information with the
Court. ENDORSEMENT: Application denied. So Ordered. (Signed by Judge William H. Pauley, III
on 5/18/09) (dle) (Entered: 05/19/2009)
06/03/2009 93 MOTION for Disbursement of Funds Corrected. Document filed by Wesley Ruggles Ltd. II,
International Brotherhood of Electrical Workers Local 98. (Attachments: # 1 Exhibit
1)(Stewart, Ellen) (Entered: 06/03/2009)
06/17/2009 94 ORDER FOR DISBURSEMENT OF FUNDS TO PAY CLAIMS ADMINISTRATOR FROM COURT
REGISTRY INVESTMENT SYSTEM: IT IS HEREBY ORDERED THAT from the Settlement Fund on
deposit with the Court Registry Investment System, the Clerk of the Court shall issue a check
payable to A.B. Data, Ltd. in the amount of $13,282.28. The check shall be mailed to Michelle
M. La Count, Esq., Senior Account Executive, A.B. Data, Ltd., 600 A.B. Data Drive, Milwaukee,
WI 53217. (Signed by Judge William H. Pauley, III on 6/17/2009) Filed In Associated Cases:
1:06‐cv‐11515‐WHP et al.(jfe) (Entered: 06/17/2009)
07/02/2009 CASHIERS OFFICE REGISTRY DISBURSEMENT as per 94 Order on Motion for Disbursement of
Funds,, dated 06/17/2009, from Judge Judge William H. Pauley, III, on 06/25/2009 disbursed
to pay A.B. DATA LTD $13,282.28 Check No. 00867366 dated 06/25/2009 FEDEX# 8651 7529
3930 (jd) (Entered: 07/02/2009)
07/10/2009 95 MEMORANDUM AND ORDER For the foregoing reasons, the motion for final approval of the
settlement and the plan allocation is granted, and the motion for attorney's fees and
reimbursement of expenses is granted in part and denied in part. The parties are directed to
submit a proposed order awarding attorney's fees and expenses consistent with this
Memorandum and Order. (Signed by Judge William H. Pauley, III on 7/10/2009) (jpo)
(Entered: 07/10/2009)
07/15/2009 96 ORDER APPROVING PLAN OF DISTRIBUTION AND SETTLEMENT PROCEEDS: For purposes of
this Order, the terms used herein shall have the same meanings as set forth in the Stipulation
of Settlement dated October 8, 2008 (the "Stipulation"). Pursuant to and in full compliance
with Rule 23 of the Federal Rules of Civil Procedure, this Court hereby finds and concludes
that due and adequate notice was directed to all Persons and entities who are Class Members
advising them of the Plan of Distribution and of their right to object thereto, and a full and
fair opportunity was accorded to all Persons and entities who are Class Members to be heard
with respect to the Plan of Distribution. The Court hereby finds and concludes that the
formula for the calculation of the claims of Authorized Claimants which is set forth in the
Notice of Pendency and Proposed Settlement of Class Action (the ''Notice'') sent to Class
Members, provides a fair and reasonable basis upon which to allocate the proceeds of the
Net Settlement Fund established by the Stipulation among Class Members, with due
consideration having been given to administrative convenience and necessity. The Court
hereby finds and concludes that the Plan of Distribution set forth in the Notice is in all
respects fair and reasonable and the Court hereby approves the Plan of Distribution. IT IS SO
ORDERED. (Signed by Judge William H. Pauley, III on 7/14/2009) (tve) (Entered: 07/15/2009)
07/15/2009 97 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE. (Signed by Judge William H.
Pauley, III on 7/14/09) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases:
1:06‐cv‐11515‐WHP et al.(ml) (Entered: 07/15/2009)
07/28/2009 98 ORDER AWARDING PLAINTIFFS' CO‐LEAD COUNSEL'S ATTORNEYS' FEES AND EXPENSES: The
Court hereby awards plaintiffs' co‐lead counsel attorneys' fees of 18% of the Settlement
Fund, plus litigation expenses in the amount of $142,190.94 together with the interest earned
on both amounts for the same time period and at the same rate as that earned on the
Settlement Fund until paid, purs. to 15 U.S.C. 78u‐4(a)(6). The Court finds that the amount of
fees awarded is fair and reasonable under the percentage of recovery method. The fees and
expenses shall be allocated among plaintiffs' counsel in a manner which, in plaintiffs' co‐lead
counsel's good‐faith judgment, reflects each such counsel's contribution to the institution to
the institution, prosecution and resolution of the action. The awarded attorneys' fees and
expenses and interest earned thereon shall immediately be paid to plaintiffs' co‐lead counsel
subject to the terms, conditions and obligations of the stipulation and in particular paragraph
6.2 thereof which terms, conditions and obligations are incorporated herein. From the
Settlement Fund on deposit with the Court Registry Investment System, the Clerk of the Court
shall issue a check payable to Coughlin Stoia Geller Rudman & Robbins LLP in the amount of
$3,112,190.94 together with interest earned on that amount from the time of deposit until
payment at the same rate as that earned on the Settlement Fund. The check shall be mailed
to Ellen Gusikoff Stewart, Coughlin Stoia Geller Rudman & Robbins LLP, 655 West Broadway,
Suite 1900, San Diego, California 92101. (Signed by Judge William H. Pauley, III on 7/27/09)
(dle) (Entered: 07/28/2009)
08/18/2009 CASHIERS OFFICE REGISTRY DISBURSEMENT as per 98 Order,,,,,, dated 07/27/2009, from
Judge Judge William H. Pauley, III, on 08/13/2009 disbursed to pay COUGHLIN,STOIA,GELLER
& ROBBINS, LLP $3,113,571.24 Check No. 00872144 dated 08/13/2009 fedex# 865571132644
(jd) (Entered: 08/18/2009)
08/18/2009 CASHIERS OFFICE REGISTRY DISBURSEMENT as per 98 Order,,,,,, dated 07/27/2009, from
Judge Judge William H. Pauley, III, on 08/13/2009 disbursed to pay COUGHLIN,STOIA,GELLER
& ROBBINS, LLP $3,095,607.44 Check No. 00872145 dated 08/13/2009 FEDEX# 8655 7113
2644 (jd) (Entered: 08/26/2009)
08/26/2009 CASHIERS OFFICE CRIS DEPOSIT dated 7/27/09, from Judge Judge William H. Pauley, III,
$3,095,607.44 from REDEPOSIT CK AS PER COUGHLIN STOIA deposited on 8/19/09, Receipt
Number 697596 and placed into CRIS on 8/26/09. (dig) (Entered: 08/26/2009)
09/17/2009 99 MOTION for Disbursement of Funds. Document filed by Wesley Ruggles Ltd. II, International
Brotherhood of Electrical Workers Local 98. (Attachments: # 1 Exhibit 1)(Stewart, Ellen)
(Entered: 09/17/2009)
09/25/2009 100 ORDER FOR DISBURSEMENT OF FUNDS TO PAY CLAIMS ADMINISTRATOR FROM COURT
REGISTRY INVESTMENT SYSTEM granting (99) Motion for Disbursement of Funds in case 1:06‐
cv‐11515‐WHP. From the Settlement Fund on deposit with the Court Registry Investment
System, the Clerk of the Court shall issue a check payable to A.B. Data, Ltd. in the amount of
$4,120.89. The check shall be mailed to Michelle M. La Count, Esq., Senior Account Executive,
A.B. Data, Ltd., 600 A.B. Data Drive, Milwaukee, WI 53217. (Signed by Judge William H.
Pauley, III on 9/24/09) Filed In Associated Cases: 1:06‐cv‐11515‐WHP et al.(tro) *A copy of
this Order has been forwarded to the Intake Clerk, Rm. 120 via inter‐office envelope on
9/25/09. (Entered: 09/25/2009)
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