U. S. District Court Eastern District of Louisiana (New...
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US District Court Civil Docket as of 03/07/2005 Retrieved from the court on Wednesday, April 27, 2005 U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:03-cv-03125-KDE-JCW Pringle, et al v. Merck & Co Inc, et al Assigned to: Judge Kurt D Engelhardt Referred to: Magistrate Judge Joseph C. Wilkinson, Jr Demand: $0 Cause: 15:78m(a) Securities Exchange Act Date Filed: 11/06/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Frank Pringle Individually and on behalf of all others similarly situated represented by Hugh Palmer Lambert Lambert & Nelson 701 Magazine St. New Orleans, LA 70130 504-581-1750 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED C. Mark Whitehead, III Whitehead Law Firm 610 Baronne St. New Orleans, LA 70113 504-586-8899 Email: [email protected] ATTORNEY TO BE NOTICED Carlene Rhodes Lewis Goforth & Lewis 2200 Texaco Heritage Plaza 1111 Bagby Houston, TX 77002 (713) 650-0022 Jules Brody Stull, Stull & Brody Six East 45th St. New York, NY 10017 (212) 687-7230 Email: [email protected] ATTORNEY TO BE NOTICED Linda Jane Nelson
Transcript of U. S. District Court Eastern District of Louisiana (New...
US District Court Civil Docket as of 03/07/2005 Retrieved from the court on Wednesday, April 27, 2005
U. S. District Court Eastern District of Louisiana
(New Orleans) CIVIL DOCKET FOR CASE #: 2:03-cv-03125-KDE-JCW
Pringle, et al v. Merck & Co Inc, et al Assigned to: Judge Kurt D Engelhardt Referred to: Magistrate Judge Joseph C. Wilkinson, Jr Demand: $0 Cause: 15:78m(a) Securities Exchange Act
Date Filed: 11/06/2003 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
PlaintiffFrank Pringle Individually and on behalf of all others similarly situated
represented by Hugh Palmer Lambert Lambert & Nelson 701 Magazine St. New Orleans, LA 70130 504-581-1750 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED C. Mark Whitehead, III Whitehead Law Firm 610 Baronne St. New Orleans, LA 70113 504-586-8899 Email: [email protected] ATTORNEY TO BE NOTICED Carlene Rhodes Lewis Goforth & Lewis 2200 Texaco Heritage Plaza 1111 Bagby Houston, TX 77002 (713) 650-0022 Jules Brody Stull, Stull & Brody Six East 45th St. New York, NY 10017 (212) 687-7230 Email: [email protected] ATTORNEY TO BE NOTICED Linda Jane Nelson
Lambert & Nelson 701 Magazine St. New Orleans, LA 70130 504-581-1750 Email: [email protected] Shelly A. Sanford Goforth & Lewis 2200 Texaco Heritage Plaza 1111 Bagby Houston, TX 77002 (713) 650-0022 Email: [email protected] ATTORNEY TO BE NOTICED
Plaintiff
Richard Reynolds LEAD PLAINTIFF
represented by C. Mark Whitehead, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jules Brody (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lewis Stephen Kahn Kahn Gauthier Law Group, LLC 650 Poydras St. Suite 2150 New Orleans, LA 70130 504-455-1400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Mel E. Lifshitz Bernstein, Liebhard & Lifshitz, LLP 10 East 40th St. New York, NY 19916 212-779-1414 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G. Schulman Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300
LEAD ATTORNEY ATTORNEY TO BE NOTICED Aaron L. Brody Stull, Stull & Brody Six East 45th St. New York, NY 10017 (212) 687-7230 Bradley P. Dyer Stull, Stull & Brody Six East 45th St. New York, NY 10017 (212) 687-7230 Bruce D. Bernstein Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 Email: [email protected] Carlene Rhodes Lewis (See above for address) David A.P. Brower Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 Email: [email protected] Melvyn I. Weiss Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 Peter E. Seidman Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 Rebecca Zirkle Matthews Rebecca Zirkle Matthews, Attorney at Law 502 Monsanto Dr. Luling, LA 70070 985-331-1490
TERMINATED: 12/28/2004 Richard H. Weiss Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 Email: [email protected] Sharon M. Lee Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 Shelly A. Sanford (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Steven LeVan LEAD PLAINTIFF
represented by C. Mark Whitehead, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jules Brody (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lewis Stephen Kahn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mel E. Lifshitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G. Schulman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Aaron L. Brody (See above for address) Bradley P. Dyer
(See above for address) Bruce D. Bernstein (See above for address) Carlene Rhodes Lewis (See above for address) David A.P. Brower (See above for address) Melvyn I. Weiss (See above for address) Peter E. Seidman (See above for address) Rebecca Zirkle Matthews (See above for address) TERMINATED: 12/28/2004 Richard H. Weiss (See above for address) Sharon M. Lee (See above for address) Shelly A. Sanford (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Marc Nathanson LEAD PLAINTIFF
represented by C. Mark Whitehead, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jules Brody (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lewis Stephen Kahn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mel E. Lifshitz (See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G. Schulman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Aaron L. Brody (See above for address) Bradley P. Dyer (See above for address) Bruce D. Bernstein (See above for address) Carlene Rhodes Lewis (See above for address) David A.P. Brower (See above for address) Melvyn I. Weiss (See above for address) Peter E. Seidman (See above for address) Rebecca Zirkle Matthews (See above for address) TERMINATED: 12/28/2004 Richard H. Weiss (See above for address) Sharon M. Lee (See above for address) Shelly A. Sanford (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Jerome Haber LEAD PLAINTIFF
represented by C. Mark Whitehead, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jules Brody (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lewis Stephen Kahn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mel E. Lifshitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G. Schulman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Aaron L. Brody (See above for address) Bradley P. Dyer (See above for address) Bruce D. Bernstein (See above for address) Carlene Rhodes Lewis (See above for address) David A.P. Brower (See above for address) Melvyn I. Weiss (See above for address) Peter E. Seidman (See above for address) Rebecca Zirkle Matthews (See above for address) TERMINATED: 12/28/2004 Richard H. Weiss (See above for address) Sharon M. Lee (See above for address)
Shelly A. Sanford (See above for address) ATTORNEY TO BE NOTICED
Plaintiff
Doris Staehr Derivative
represented by Andrew Allen Lemmon Lemmon Law Firm P. O. Box 904 Hahnville, LA 70057 985-783-6789 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Joe R. Whatley, Jr. Whatley Drake, LLC 2323 2nd Ave., N. Birmingham, AL 35203 (205) 328-9576 Email: [email protected] ATTORNEY TO BE NOTICED Peter Burke, - Whatley Drake, LLC 2323 2nd Ave., N. Birmingham, AL 35203 (205) 328-9576
Plaintiff
Halpert Enterprises, Inc. Derivative
represented by Andrew Allen Lemmon Lemmon Law Firm 650 Poydras St. Suite 2335 New Orleans, LA 70130 504-581-5644 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Donna M. Bossier Peoples Health Network 200 West Esplanade Avenue Suite 600 Kenner, LA 70065 504-461-4182 TERMINATED: 10/25/2004 LEAD ATTORNEY
Brian J. Robbins Robbins Umeda & Fink, LLP 610 West Ash St. Suite 1800 San Diego, CA 92101-3350 619-525-3990 ATTORNEY TO BE NOTICED Jeffrey P. Fink Robbins Umeda & Fink, LLP 610 West Ash St. Suite 1800 San Diego, CA 92101-3350 619-525-3990 Joe R. Whatley, Jr. (See above for address) ATTORNEY TO BE NOTICED Peter Burke, - (See above for address)
V.
Defendant
Merck & Company Inc represented by Richard C. Stanley Stanley, Flanagan & Reuter, LLC LL&E Tower 909 Poydras St. Suite 2500 New Orleans, LA 70112 504-523-1580 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Bryan C. Reuter Stanley, Flanagan & Reuter, LLC LL&E Tower 909 Poydras St. Suite 2500 New Orleans, LA 70112 504-523-1580 Email: [email protected] Dara J. Diomande Hughes, Hubbard & Reed One Battery Park Plaza
New York, NY 10004 (212) 837-6000 TERMINATED: 10/21/2004 Evan R. Chesler Cravath, Swaine & Moore LLP Worldwide Plaza 825 Eighth Ave. New York, NY 10019 212-474-1837 Email: [email protected] George A. Davidson Hughes, Hubbard & Reed One Battery Park Plaza New York, NY 10004 (212) 837-6000 ATTORNEY TO BE NOTICED Robert H. Baron Cravath, Swaine & Moore LLP Worldwide Plaza 825 Eighth Ave. New York, NY 10019 212-474-1837 Email: [email protected] ATTORNEY TO BE NOTICED W. Raley Alford, III Stanley, Flanagan & Reuter, LLC LL&E Tower 909 Poydras St. Suite 2500 New Orleans, LA 70112 504-523-1580 Email: [email protected] William R. Stein Hughes Hubbard & Reed LLP 1775 I St., NW Washington, DC 20006-2401 202-721-4600 Email: [email protected]
Defendant
Kenneth C Frazier represented by Richard C. Stanley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bryan C. Reuter (See above for address) Dara J. Diomande (See above for address) TERMINATED: 10/21/2004 Evan R. Chesler (See above for address) George A. Davidson (See above for address) ATTORNEY TO BE NOTICED Robert H. Baron (See above for address) ATTORNEY TO BE NOTICED W. Raley Alford, III (See above for address) William R. Stein (See above for address)
Defendant
Richard C Henriques represented by Richard C. Stanley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bryan C. Reuter (See above for address) Dara J. Diomande (See above for address) TERMINATED: 10/21/2004 Evan R. Chesler (See above for address) George A. Davidson (See above for address) ATTORNEY TO BE NOTICED Robert H. Baron (See above for address) ATTORNEY TO BE NOTICED
W. Raley Alford, III (See above for address) William R. Stein (See above for address)
Defendant
Raymond V Gilmartin represented by Richard C. Stanley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bryan C. Reuter (See above for address) Dara J. Diomande (See above for address) TERMINATED: 10/21/2004 Evan R. Chesler (See above for address) George A. Davidson (See above for address) ATTORNEY TO BE NOTICED Robert H. Baron (See above for address) ATTORNEY TO BE NOTICED W. Raley Alford, III (See above for address) William R. Stein (See above for address)
Defendant
Judy C Lewent represented by Richard C. Stanley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bryan C. Reuter (See above for address) Dara J. Diomande (See above for address) TERMINATED: 10/21/2004
Evan R. Chesler (See above for address) George A. Davidson (See above for address) ATTORNEY TO BE NOTICED Robert H. Baron (See above for address) ATTORNEY TO BE NOTICED W. Raley Alford, III (See above for address) William R. Stein (See above for address)
Defendant
Mary M McDonald represented by Richard C. Stanley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bryan C. Reuter (See above for address) Dara J. Diomande (See above for address) TERMINATED: 10/21/2004 Evan R. Chesler (See above for address) George A. Davidson (See above for address) ATTORNEY TO BE NOTICED Robert H. Baron (See above for address) ATTORNEY TO BE NOTICED W. Raley Alford, III (See above for address) William R. Stein (See above for address)
Defendant
Unidentified Party
Defendant
Edward - Scolnick
Defendant
Peter S Kim
Movant
Alan G Hevesi Comptroller of the State of New York, as Administrative Head of New York State and Local Retirement Systems and as Trustee of the New York State Common Retirement Fund
represented by Robert L. Redfearn Simon, Peragine, Smith & Redfearn, LLP Energy Centre 1100 Poydras St. 30th Floor New Orleans, LA 70163-3000 (504) 569-2030 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Allison G. Kort Entwistle & Cappucci LLP 229 Park Ave. 14th Floor New York, NY 10171 Email: [email protected] Andrew J. Entwistle Entwistle & Cappucci LLP 229 Park Ave. 14th Floor New York, NY 10171 Email: [email protected] ATTORNEY TO BE NOTICED Arthur N. Abbey Abbey Gardy, LLP 212 E. 39th St. New York, NY 10016 (212) 889-3700 ATTORNEY TO BE NOTICED Johnston de F. Whitman, Jr. Entwistle & Cappucci LLP 229 Park Ave.
14th Floor New York, NY 10171 Email: [email protected] Judith L. Spanier Abbey Gardy, LLP 212 E. 39th St. New York, NY 10016 (212) 889-3700 Robert N. Cappucci Entwistle & Cappucci LLP 229 Park Ave. 14th Floor New York, NY 10171 Email: [email protected] Stephen D. Oestreich Entwistle & Cappucci LLP 229 Park Ave. 14th Floor New York, NY 10171 Email: [email protected] Stephen T. Rodd Abbey Gardy, LLP 212 E. 39th St. New York, NY 10016 (212) 889-3700 Thomas John Fischer Simon, Peragine, Smith & Redfearn, LLP Energy Centre 1100 Poydras St. 30th Floor New Orleans, LA 70163-3000 (504) 569-2030 Email: [email protected] Vincent R. Cappucci Entwistle & Cappucci LLP 229 Park Ave. 14th Floor New York, NY 10171 Email: [email protected]
Movant
SEB Fonder represented by Eric J. O'Bell Eric J. O'Bell, LLC
3500 North Hullen Metairie, LA 70002 504-456-8677 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew L. Barroway Schiffrin & Barroway, LLP Three Bala Plaza East Suite 400 Bala Cynwyd, PA 19004 610-667-7706 Darren J. Check Schiffrin & Barroway, LLP Three Bala Plaza East Suite 400 Bala Cynwyd, PA 19004 610-667-7706 Stuart L. Berman Schiffrin & Barroway, LLP Three Bala Plaza East Suite 400 Bala Cynwyd, PA 19004 610-667-7706 ATTORNEY TO BE NOTICED
Movant
Rhoda Kanter represented by Lewis Stephen Kahn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Deborah R. Gross Law Offices of Bernard M. Gross, P.C. 1515 Locust St. Second Floor Philadelphia, PA 19102 215-561-3600
Movant
Robert Mortensen represented by Daniel E. Becnel, Jr. Law Offices of Daniel E. Becnel, Jr. 106 W. Seventh St. P. O. Drawer H Reserve, LA 70084
985-536-1186 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew B. Moreland Law Offices of Daniel E. Becnel, Jr. 106 W. Seventh St. P. O. Drawer H Reserve, LA 70084 985-536-1186 Email: [email protected]
Date Filed # Docket Text
11/06/2003 1 COMPLAINT; 6 summons(es) issued (plh) (Entered: 11/12/2003)
11/06/2003 Payment of filing fee by plaintiff Frank - Pringle in amount of $ 150.00 (plh) (Entered: 11/12/2003)
11/20/2003 2 PLAINTIFF'S 1ST AMENDED complaint [1-1]; adding Unidentified Party; 6 summons(es) issued (lg) (Entered: 11/21/2003)
01/26/2004 4 MOTION by Richard Reynolds, Ian Kimmal, Stevan LeVan, Semra Binbol Bilgen and Ruth Ravnitsky (the Reynolds Group) to consolidate actions, to be appointed lead plaintiff and for approval of lead plaintiff's selection of lead counsel and liaison counsel to be heard before Judge Engelhardt (REF: BOTH CASES) (tbl) (Entered: 01/29/2004)
01/27/2004 5 MOTION by Ruben & Ann Kueffner, Daniel Offutt, Jerome Haber, Steve Vogelzang, Karen Diamond, Angel Fernandez, Robert Stager and Marc Nathanson (the Nathanson Group) to appoint the Nathanson Lead Plas as lead plas, approving lead plas' choice of counsel and to consolidate related actions to be heard before Judge Engelhardt (REF: 03-3125) (tbl) (Entered: 01/29/2004)
01/27/2004 6 MINUTE ENTRY ( 1/27/04 ) Ordered that the motion to appoint the Nathanson Lead Plas as lead plas, approving lead plas' choice of counsel and to consolidate related actions [5-1] & the motion of the Reynolds Group to consolidate actions, to be appointed lead plaintiff and for approval of lead plaintiff's selection of lead counsel and liaison counsel [4-1] are set for hrg on 3/3/04. by Judge Kurt D. Engelhardt (REF: BOTH CASES) (tbl) Modified on 02/11/2004 (Entered: 01/29/2004)
01/29/2004 3 ORDER consolidating case 03-3125 with member case 04-147. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF: BOTH CASES) (tbl) (Entered: 01/29/2004)
02/02/2004 7 ORDER consolidating case 2:03-cv-3125 with member case 2:04-cv-222. The clerk
is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF: 03-3125 & 04-222) (dmg) Modified on 02/03/2004 (Entered: 02/03/2004)
02/10/2004 8 WAIVER OF SERVICE of summons and complaint sent to defendants Mary M McDonald, Richard C Henriques, Judy C Lewent, Kenneth C Frazier, Raymond V Gilmartin, Merck & Co Inc on 11/26/03 (REF: 03-3125) (lg) (Entered: 02/10/2004)
02/12/2004 9 Motion by the Reynolds Group and ORDER that ORAL ARGUMENT on competing lead plaintiff and lead counsel motions will be held at 9:30 3/3/04. by Judge Kurt D. Engelhardt Date Signed: 2/13/04 (REF: ALL CASES) (tbl) (Entered: 02/13/2004)
02/23/2004 13 Stipulation and proposed order consolidating actions, appointing lead plaintiffs and approving lead plaintiffs' selection of co-lead counsel & co-liaison counsel and ORDER: (1) regarding consolidation, the parties are directed to see the consolidation orders entered by the Court; (2) Richard Reynolds, Steven LeVan, Marc Nathanson & Jerome Haber shall be appointed LEAD PLAINTIFFS; lead plas' selection of Milberg Weiss and Stull, Stull & Brody as co-lead counsel is approved; co-lead counsel shall have the authority to speak for all plas & class members in all matters regarding this litigation as set forth herein; and (3) lead plas' selection of Kahn Gauthier and The Whitehead Law Firm as co-liaison counsel is approved. by Judge Kurt D. Engelhardt Date Signed: 2/26/04 (REF: ALL CASES) (tbl) (Entered: 03/03/2004)
02/27/2004 10 MINUTE ENTRY ( 2/26/04 ) Because a stipulation was entered into by the parties & was recognized by the Court, it is ordered that the matters set for hearing on 3/3/04 are dismissed as moot. by Judge Kurt D. Engelhardt (REF: ALL CASES) (tbl) (Entered: 02/27/2004)
02/27/2004 11 ORDER consolidating case 03-3125 with member case 04-406. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF: 03-3125 & 04-406) (tbl) (Entered: 02/27/2004)
02/27/2004 12 Motion by plaintiff Frank Pringle and ORDER that attorney Jules Brody is admitted pro hac vice for same . by Judge Kurt D. Engelhardt Date Signed: 3/1/04 (REF: 03-3125) (tbl) Modified on 03/02/2004 (Entered: 03/02/2004)
03/02/2004 14 Motion by lead plaintiffs Richard Reynolds, Steven LeVan, Marc Nathanson, Jerome Haber and ORDER that attorney Mel E. Lifshitz be admitted pro hac vice . by Judge Kurt D. Engelhardt Date Signed: 3/3/04 (REF: 03-3125) (tbl) (Entered: 03/09/2004)
03/16/2004 15 RETURN OF SERVICE/AFFIDAVIT of summons and complaint upon defendants Merck & Co Inc, Kenneth C Frazier, Richard C Henriques, Raymond V Gilmartin, Judy C Lewent, Mary M McDonald on 3/1/04 (REF: 04-406) (lg) (Entered: 03/16/2004)
03/24/2004 16 Motion by plaintiffs Richard Reynolds, Steven LeVan, Marc Nathanson, Jerome Haber and ORDER for attorney Richard H. Weiss to appear pro hac vice by Judge
Kurt D. Engelhardt Date Signed: 3/25/04 (REF 03-3125) (lg) Modified on 03/26/2004 (Entered: 03/26/2004)
03/24/2004 17 Motion by plas Richard Reynolds, Steven LeVan, Marc Nathanson, Jerome Haber and ORDER for attorney Bruce D. Bernstein to appear pro hac vice by Judge Kurt D. Engelhardt Date Signed: 3/25/04 (REF 03-3125) (lg) Modified on 03/26/2004 (Entered: 03/26/2004)
03/25/2004 18 ORDER consolidating case 2:03-cv-3125 with member case 2:04-cv-758 The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF 03-3125, 04-758) (lg) Modified on 03/26/2004 (Entered: 03/26/2004)
03/25/2004 19 ORDER consolidating case 2:03-cv-3125 with member case 2:04-cv-721 The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF 03-3125, 04-721) (lg) (Entered: 03/26/2004)
03/31/2004 20 Motion by defendants Merck & Co Inc, Kenneth C Frazier Richard C Henriques, Raymond V Gilmartin, Judy C Lewent, Mary M McDonald and ORDER that George A. Davidson, William R. Stein, Dara J. Diomande are admitted pro hac vice as co-counsel for same . by Judge Kurt D. Engelhardt Date Signed: 4/2/04 (REF: ALL CASES) (tbl) (Entered: 04/02/2004)
04/01/2004 21 Stipulation and ORDER setting deadlines for filing documents related to consolidated complaint, answer & mtns by Judge Kurt D. Engelhardt Date Signed: 4/5/04 (REF 03-3125, 04-147, 04-222, 04-406) (lg) Modified on 04/05/2004 (Entered: 04/05/2004)
04/05/2004 22 Affidavit of Mark Levine regarding good standing with the Bar Association (REF: 03-3125) (dmg) (Entered: 04/05/2004)
04/20/2004 39 Motion by derivative plaintiffs Doris Staehr, Halpert Ent Inc and ORDER to appoint co-lead counsel in the derivative actions as set forth in document by Judge Kurt D. Engelhardt Date Signed: 7/14/04 (REF 03-3125) (lg) (Entered: 07/14/2004)
05/11/2004 23 RETURN OF SERVICE of summons and complaint upon H Brewster Atwater, Jr.; Erskine B Bowles; Carolyne K Davis, Ph.D; Lloyd C Elam, MD; Raymond V. Gilmartin; Judy C Lewent; Merck & Co., Inc; and Dennis Weaterstone on 3/18/04 (REF: 04-758) (tbl) (Entered: 05/11/2004)
05/11/2004 24 RETURN OF SERVICE of summons and complaint upon William M Daley; William B Harrison, Jr; William N Kelley, MD; Anne M Tatlock on 3/19/04 (REF: 04-758) (tbl) Modified on 05/11/2004 (Entered: 05/11/2004)
05/11/2004 25 RETURN OF SERVICE of summons and complaint upon William G Bowen; Mary M McDonald; Heidi G Miller on 3/20/04 (REF: 04-758) (tbl) (Entered: 05/11/2004)
05/11/2004 26 RETURN OF SERVICE of summons and complaint upon Lawrence A Bossidy on 3/22/04 and upon Richard C Henriques on 3/25/04 (REF: 04-758) (tbl) (Entered: 05/11/2004)
05/11/2004 27 RETURN OF SERVICE of summons and complaint upon Johnetta B Cole; no service date given (REF: 04-758) (tbl) (Entered: 05/11/2004)
05/11/2004 28 RETURN OF SERVICE of summons and complaint upon defendants Richard C Henriques Jr, Johnetta B Cole, William B Harrison Jr, Carolyne K Davis, and Erskine B Bowles on a date not given (REF: 04-721) (ca) (Entered: 05/11/2004)
05/11/2004 29 RETURN OF SERVICE of summons and complaint upon defendants Judy C Lewent, Lawrence A Bossidy, Mary M McDonald, William M Daley, Dennis Weatherstone, and Merck & Company Inc on 3/15/04 (REF: 04-721) (ca) (Entered: 05/11/2004)
05/11/2004 30 RETURN OF SERVICE of summons and complaint upon dfts William N Kelley, & Anne M Tatlock on 3/16/04 (REF: 04-721) (ca) (Entered: 05/11/2004)
05/11/2004 31 RETURN OF SERVICE of summons and complaint upon defendant Edward M Scolnick on 3/17/04 (REF: 04-721) (ca) (Entered: 05/11/2004)
05/11/2004 32 RETURN OF SERVICE of summons and complaint upon defendant Ramond V Gilmartin on 3/18/04 (REF: 04-721) (ca) (Entered: 05/11/2004)
05/11/2004 33 RETURN OF SERVICE of summons and complaint upon defendant William G Bowen on 3/19/04 (REF: 04-721) (ca) (Entered: 05/11/2004)
05/11/2004 34 RETURN OF SERVICE of summons and complaint upon defendants Kenneth C Frazier, and Hiedi G Miller on 3/20/04 (REF: 04-721) (ca) (Entered: 05/11/2004)
05/11/2004 35 RETURN OF SERVICE of summons and complaint on Peter C. Wendell (no date of svc) (REF 04-721) (plh) (Entered: 05/12/2004)
05/11/2004 36 RETURN OF SERVICE of summons and complaint upon Peter C. Wendell on 3/15/04 (REF 04-721) (plh) (Entered: 05/12/2004)
05/11/2004 37 RETURN OF SERVICE of summons and complaint upon defendant Thomas E Shenk on 3/24/04 (REF 04-721) (plh) (Entered: 05/12/2004)
05/27/2004 38 Stipulation by plaintiffs and defendants Merck & Co, Raymond V Gilmartin, Kenneth C Frazier, Richard C Henrigues, Judy Lewent & Mary M McDaniel as it relates to conslidated complaint, answer and motions ORDER that same be entered as set forth herein. by Judge Kurt D. Engelhardt Date Signed: 6/1/04 (REF: 03-3125, 04-147, 04-222 & 04-406) (tbl) (Entered: 06/01/2004)
07/20/2004 40 Joint stipulation as it relates to consolidated complaint, answer and motions and ORDER that same be entered. by Judge Kurt D. Engelhardt Date Signed: 7/22/04 (REF: 03-3125) (tbl) (Entered: 07/23/2004)
08/09/2004 41 PLAINTIFFS' SECOND AMENDED class action complaint adding Edward Scolnick; 6 summons(es) issued (REF: 03-3125) (tbl) (Entered: 08/10/2004)
08/19/2004 42 MINUTE ENTRY ( 8/18/04 ) Ordered that, w/in 30 days of this minute entry, plas in the Securities Action must either amd their consolidated cmp to add Mary McDonald as a dft, or dism Mary McDonald as a dft in this case; further ordered, that w/in 30 days of this minute entry, counsel for plas in the Derivative Actions must provide the Court w/a statement addressing whether or not their interests are aligned w/those of plas in the Securities Action, and if so, plas in the Derivative
Actions must provide the Court w/a brief statement identifying & describing such aligned interests. by Judge Kurt D. Engelhardt (REF: ALL CASES) (tbl) (Entered: 08/19/2004)
09/20/2004 43 Stipulation by plaintiffs to dismiss Mary McDonald (REF 03-3125) (lg) (Entered: 09/21/2004)
10/07/2004 44 Stipulation and ORDER re consolidated cmp, answer & mtns by Judge Kurt D. Engelhardt Date Signed: 10/8/04 (REF 03-3125) (lg) (Entered: 10/08/2004)
10/13/2004 45 Motion by plaintiff Halpert Ent Inc, plaintiff Doris Staehr and ORDER that Jeffrey P. Fink is admitted to appear pro hac vice . by Judge Kurt D. Engelhardt (REF: 03-3125) (tbl) (Entered: 10/14/2004)
10/13/2004 46 Motion by plaintiff Halpert Ent Inc, plaintiff Doris Staehr and ORDER that attorney Joe R. Whatley Jr. is admitted to appear pro hac vice by Judge Kurt D. Engelhardt (REF: 03-3125) (tbl) (Entered: 10/14/2004)
10/13/2004 47 Motion by plaintiff Halpert Ent Inc, plaintiff Doris Staehr and ORDER for attorney Peter Burke is admitted to appear pro hac vice by Judge Kurt D. Engelhardt (REF: 03-3125) (tbl) (Entered: 10/14/2004)
10/18/2004 50 Notice of filing of motion for transfer to the District of New Jersey (MDL 1407) (REF: 04-2716) (tbl) (Entered: 10/20/2004)
10/19/2004 48 ORDER consolidating case 03-3125 with member case 04-2762. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF: 03-3125 & 04-2762) (tbl) (Entered: 10/20/2004)
10/19/2004 49 ORDER consolidating cases 03-3125 with member case 04-2716. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF: 03-3125 & 04-2716) (tbl) (Entered: 10/20/2004)
10/19/2004 51 Stipulation and ORDER: as it relates to consolidated complaint, answer and motions as stated herein by Judge Kurt D. Engelhardt Date Signed: 10/20/04 (REF ALL CASES) (ca) (Entered: 10/21/2004)
10/21/2004 52 Motion by dfts Merck & Company Inc, Kenneth C Frazier, Richard C Henriques, Raymond V Gilmartin, Judy C Lewent, Mary M McDonald and ORDER withdrawing attorney Dara J. Diomande by Judge Kurt D. Engelhardt Date Signed: 10/22/04 (REF 03-3125, 04-147, 04-222, 04-406) (lg) (Entered: 10/26/2004)
10/25/2004 53 Motion by plaintiff Halpert Ent Inc and ORDER withdrawing attorney Donna M. Bossier for Halpert Ent Inc and substituting attorney Andrew Allen Lemmon by Judge Kurt D. Engelhardt Date Signed: 10/27/04 (REF: 03-3125, 04-758) (plh) (Entered: 10/27/2004)
11/05/2004 54 PLAINTIFFS' SUPPLEMENTAL AND AMENDED Class Action Complaint; no new parties added; no summons(es) issued (REF: 04-2762) (tbl) (Entered: 11/08/2004)
11/08/2004 55 PLAINTIFFS' CONSOLIDATED AND THIRD AMENDED Class Action Complaint; adding defendant Peter S. Kim; summons by waiver (REF: 03-3125) (tbl) Modified on 12/15/2004 (Entered: 11/10/2004)
11/12/2004 56 WAIVER OF SERVICE of summons and complaint and amended complaint sent to defendant Merck & Company Inc on 10/12/04 (REF: 04-2716) (tbl) Modified on 11/12/2004 (Entered: 11/12/2004)
11/12/2004 57 WAIVER OF SERVICE of summons and complaint and amended complaint sent to defendant Kenneth C Frazier on 10/12/04 (REF: 04-2716) (tbl) Modified on 11/12/2004 (Entered: 11/12/2004)
11/12/2004 58 WAIVER OF SERVICE of summons and complaint and amended complaint sent to defendant Judy C Lewent on 10/12/04 (REF: 04-2716) (tbl) (Entered: 11/12/2004)
11/12/2004 59 WAIVER OF SERVICE of summons and complaint and amended complaint sent to defendant Caroline Dorsa on 10/12/04 (REF: 04-2716) (tbl) Modified on 11/12/2004 (Entered: 11/12/2004)
11/12/2004 60 WAIVER OF SERVICE of summons and complaint and amended complaint sent to defendant Raymond V Gilmartin on 10/12/04 (REF: 04-2716) (tbl) (Entered: 11/12/2004)
11/19/2004 61 PLAINTIFFS' VERIFIED AMENDED consolidated shareholder derivative cmp for breach of fiduciary duty, abuse of control, gross mismanagement, waste of corporate assets & unjust enrichment; no new parties added; no summons(es) issued (REF: 04-721 & 04-758) (tbl) Modified on 11/19/2004 (Entered: 11/19/2004)
11/23/2004 62 ORDER consolidating case 03-3125 with member case 04-3024; The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt Date Signed: 11/22/04 (tbl) (Entered: 11/23/2004)
11/23/2004 66 Letter to court dated 11/23/04 from attorney W. Raley Alford, III regarding attached documents to be filed in accordance with Rules 5/12 and 5.2 of the Rules of Judicial Panel on Multidistrict Litigation (REF: ALL CASES) (tbl) (Entered: 12/01/2004)
11/24/2004 63 Motion by plaintiff for leave to file verification to be appended to verified amended consolidated shareholder derivative cmp for breach of fiduciary duty, abuse of control, gross mismanagement, waste of corporate assets, and unjust enrichment and ORDER DENYING same; that attached Exhibit A is a fax copy, not an original. by Judge Kurt D. Engelhardt Date Signed: 11/29/04 (REF: 04-721 and 04-758) (tbl) (Entered: 11/29/2004)
11/24/2004 77 MOTION by plaintiffs for class certification to be heard before Judge Engelhardt; no hrg date (REF: 03-3125) (tbl) (Entered: 12/17/2004)
11/30/2004 64 MOTION by movant Alan G Hevesi to intervene, to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel to be heard before Judge Engelhardt at 9:30 12/22/04 (REF: ALL CASES) (tbl) (Entered:
12/01/2004)
11/30/2004 65 Request for Oral Argument by movant Alan G Hevesi regarding his motion to intervene, to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel [64-1] (REF: ALL CASES) (tbl) (Entered: 12/01/2004)
12/01/2004 67 Notice by movant Alan G Hevesi of filing motion for coordinated pretrial proceedings pursuant to 28:1407 (REF: 03-3125) (tbl) (Entered: 12/01/2004)
12/01/2004 73 MOTION by movant Cen St SE SW Areas, movant Amalgamated Bank for appointment as lead plaintiff, and for approval of lead plaintiff's selection of lead and liaison counsel to be heard before Judge Engelhardt at 9:30 1/5/05 (REF: 04-3206) (tbl) (Entered: 12/16/2004)
12/09/2004 68 ORDER consolidating case 03-3125 with member case 04-3206. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF: 03-3125 and 04-3206) (tbl) (Entered: 12/13/2004)
12/10/2004 69 RETURN OF SERVICE of summons and second amended complaint upon defendant Edward - Scolnick on 11/30/04 (REF: 03-3125) (tbl) (Entered: 12/13/2004)
12/10/2004 MOTION by plaintiff Park East Inc for coordination with related case, appt as lead counsel & approval of lead pla's selection of lead counsel to be heard before Judge at 10:00 2/23/05 [original docketed in CA 04-3278 -- Doc No 4] (tbl) (Entered: 02/11/2005)
12/13/2004 71 Motion by movant Alan G Hevesi and ORDER that attorneys Arthur N. Abbey, Stephen T. Rodd and Judith L. Spanier are recognized as co-counsel pro hac vice for same . by Judge Kurt D. Engelhardt Date Signed: 12/14/04 (REF: ALL CASES) (tbl) (Entered: 12/15/2004)
12/13/2004 72 Motion by movant Alan G Hevesi and ORDER that attorneys Andrew J. Entwistle, Vincent R. Cappucci, Stephen D. Oestreich, Robert N. Cappucci, Johnston de F. Whitman Jr., Allison G. Kort are recognized as co-counsel pro hac vice for same . by Judge Kurt D. Engelhardt Date Signed: 12/14/04 (REF: 03-3125) (tbl) (Entered: 12/15/2004)
12/13/2004 78 Stipulation by plaintiffs and ORDER that dfts shall serve their answers or mtn to dismiss, if any, by 2/11/05; plas to serve their memo in opp to any such mtn to dismiss by 4/11/05; dfts shall serve their reply memo, if any, by 5/13/05; parties to comply as further set out herein. by Judge Kurt D. Engelhardt Date Signed: 12/15/04 (REF: 03-3125) (tbl) (Entered: 12/17/2004)
12/14/2004 70 MOTION by movant SEB Fonder to intervene, for appointment of SEB Fonder as lead plaintiff, & to approve SEB Fonder's choice of lead & liaison counsel to be heard before Judge Engelhardt; no hrg date (REF: 03-3125) (tbl) (Entered: 12/15/2004)
12/14/2004 74 Motion by defendant Merck & Company, defendant Kenneth C Frazier, defendant Raymond V Gilmartin, defendant Judy C Lewent, defendant Caroline Dorsa and
ORDER that same are granted an ext of time until 1/3/05 w/in which to respond to the class action complaint of plaintiff Vincent P Mullen . by Judge Kurt D. Engelhardt Date Signed: 12/15/04 (REF: 04-2716) (tbl) (Entered: 12/16/2004)
12/14/2004 75 Motion by court-appointed lead plaintiffs and ORDER that same are granted leave to file a memo of law exceeding 25 pages in support of opp to the mtn of Alan G Hevesi to intervene, to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel . by Judge Kurt D. Engelhardt Date Signed: 12/15/04 (REF: 03-3125) (tbl) (Entered: 12/16/2004)
12/15/2004 83 Motion by plaintiff Frank Pringle, plaintiff Richard Reynolds, plaintiff Steven LeVan, plaintiff Marc Nathanson, plaintiff Jerome Haber and ORDER that Shelly A. Sanford is admitted pro hac vice for same . by Judge Kurt D. Engelhardt Date Signed: 12/17/04 (REF: 03-3125) (tbl) (Entered: 12/20/2004)
12/15/2004 84 Motion by plaintiff Frank Pringle, plaintiff Richard Reynolds, plaintiff Steven LeVan, plaintiff Marc Nathanson, plaintiff Jerome Haber and ORDER that Carlene Rhodes Lewis is admitted pro hac vice for same . by Judge Kurt D. Engelhardt Date Signed: 12/17/04 (REF: 03-3125) (tbl) (Entered: 12/20/2004)
12/15/2004 87 Motion by defendant Merck & Company Inc, defendant Kenneth C Frazier, defendant Richard C Henriques, defendant Raymond V Gilmartin, defendant Judy C Lewent, defendant Mary M McDonald and ORDER that attorney Evan R. Chesler is admitted pro hac vice as co-counsel of record for same . by Judge Kurt D. Engelhardt Date Signed: 12/17/04 (REF: 03-3125) (tbl) (Entered: 12/20/2004)
12/16/2004 76 Memo in opposition by lead plaintiffs to motion to intervene, to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel [64-1] filed by movant Alan G Hevesi (REF: 03-3125) (tbl) (Entered: 12/16/2004)
12/16/2004 79 Motion by lead plaintiffs and ORDER that same are granted leave to file a Table of Contents to their memo of law in opp to mtn of the NY State Common Retirement Fund to Intervene, to Vacate the Lead Plaintiff Order, to Appoint NYSCRF as lead pla & for approval of selection of-lead counsel . by Judge Kurt D. Engelhardt Date Signed: 12/17/04 (REF: 03-3125) (tbl) (Entered: 12/17/2004)
12/16/2004 85 Motion by defendant Merck & Company Inc, defendant Kenneth C Frazier, defendant Richard C Henriques, defendant Raymond V Gilmartin, defendant Judy C Lewent, defendant Mary M McDonald and ORDER that attorney Robert H. Baron is admitted pro hac vice as co-counsel of record for same . by Judge Kurt D. Engelhardt Date Signed: 12/17/04 (REF: 03-3125) (tbl) (Entered: 12/20/2004)
12/16/2004 86 WAIVER OF SERVICE of summons and complaint sent to defendant Peter S Kim on 12/14/04 (REF: 03-3125) (tbl) (Entered: 12/20/2004)
12/17/2004 80 MINUTE ENTRY ( 12/17/04 ) Ordered that plaintiff's motion for class certification [77-1] is denied w/o prej as premature. by Judge Kurt D. Engelhardt (REF: 03-3125) (tbl) Modified on 12/17/2004 (Entered: 12/17/2004)
12/17/2004 81 MINUTE ENTRY ( 12/17/04 ) Ordered that proposed intervenor Alan Hevesi's req that the 12/22/04 hrg of its mtn to intervene is denied; further ordered that the 12/22/04 hrg of the proposed intervenor Alan Hevesi's mtn to vacate the lead pla
order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel [64-1] is reset for hearing at 9:30 1/19/05 WITH ORAL argument. by Judge Kurt D. Engelhardt (REF: ALL CASES) (tbl) (Entered: 12/17/2004)
12/17/2004 82 ORDER consolidating case 03-3125 with member case 04-3294. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt Date Signed: 12/16/04 (REF: 03-3125 and 04-3294) (tbl) (Entered: 12/17/2004)
12/20/2004 88 Motion by movant SEB Fonder and ORDER that attorneys Stuart L. Berman and Darren J. Check be admitted pro hac vice and recognized as co-counsel for same . by Judge Kurt D. Engelhardt Date Signed: 12/21/04 (REF: ALL CASES) (tbl) (Entered: 12/21/2004)
12/20/2004 89 Notice of Hearing by movant SEB Fonder setting its motion to intervene, for appointment of SEB Fonder as lead plaintiff, & to approve SEB Fonder's choice of lead & liaison counsel [70-1] at 9:30 1/19/05 WITH ORAL argument (REF: ALL CASES) (tbl) (Entered: 12/21/2004)
12/20/2004 93 HEARING SESSION ORDER: Ordered that on 1/27/05 a hrg session will be held in Fort Myers, Florida regarding MDL 1658 by Clerk MDL Panel (REF: ALL CASES) (tbl) Modified on 12/22/2004 (Entered: 12/22/2004)
12/21/2004 90 NOTICE of change of address by the law firm of Robbins Umeda & Fink, LLP (REF: 03-3125) (tbl) (Entered: 12/22/2004)
12/21/2004 91 ORDER consolidating case 03-3125 with member case 04-3278. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF: 03-3125 & 04-3278) (tbl) (Entered: 12/22/2004)
12/21/2004 94 Motion by plaintiff Richard Reynolds plaintiff Steven LeVan, plaintiff Marc Nathanson, plaintiff Jerome Haber and ORDER that attorney David A.P. Brower is admitted to this Court pro hac vice for purposes of participating in the prosecution of this matter . by Judge Kurt D. Engelhardt Date Signed: 12/23/04 (REF: ALL CASES) (tbl) (Entered: 12/23/2004)
12/22/2004 92 ORDER consolidating case 03-3125 with member case 04-3448. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF: 03-3125 & 04-3448) (tbl) (Entered: 12/22/2004)
12/22/2004 95 Motion by plaintiff Vincent P Mullen and ORDER that same is granted an extension of 60 days to move for class certification . by Judge Kurt D. Engelhardt Date Signed: 12/23/04 (REF: 04-2716) (tbl) (Entered: 12/23/2004)
12/22/2004 96 Motion by movant Alan G Hevesi and ORDER for leave to file reply memo by Judge Kurt D. Engelhardt Date Signed: 12/23/04 (REF: 03-3125, 04-147, 04-222, 04-406, 04-721, 04-758, 04-2716, 04-2762, 04-3024, 04-3294) (plh) (Entered: 12/27/2004)
12/22/2004 104 Notice by movant Cen St SE SW Areas, movant Amalgamated Bank of withdrawal of their mtn for appointment as lead pla (REF: 04-3206) (tbl) (Entered: 01/04/2005)
12/23/2004 97 Reply memo by movant Alan G Hevesi in support of his motion to intervene, to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel [64-1] (REF: 03-3125, 04-147, 04-222, 04-406, 04-721, 04-758, 04-2716, 04-2762, 04-3024, 04-3294) (plh) (Entered: 12/27/2004)
12/23/2004 99 Motion by plaintiff Park East Inc and ORDER that Robert I. Harwood and Samuel K. Rosen are admitted pro hac vice & that attorney Robert I. Harwood is authorized to act & is hereby designated as trial attorney for pla in these proceedings . by Judge Kurt D. Engelhardt Date Signed: 12/29/04 (REF: 04-3278) (tbl) (Entered: 01/03/2005)
12/27/2004 98 MOTION filed by plaintiffs to compel Rule 26(f) conf of parties referred to Magistrate Judge Joseph C. Wilkinson Jr. to be heard before Mag Judge Wilkinson at 11:00 1/19/05 (REF: 04-721 & 04-758) (dmg) (Entered: 12/28/2004)
12/27/2004 101 Motion by derivative plaintiffs Staehr, et al and Halpert Enterprises, et al for leave to file verification to be appended to verified amended consolidated shareholder derivative cmp for breach of fiduciary duty, abuse of control, gross mismanagement, waste of corporate assets & unjust enrichment filed on 11/19/04 and ORDER granting same . by Judge Kurt D. Engelhardt Date Signed: 12/29/04 (REF: 04-721 and 04-758) (tbl) (Entered: 01/03/2005)
12/28/2004 100 Motion by plaintiff Jerome Haber, plaintiff Marc Nathanson, plaintiff Steven LeVan, plaintiff Richard Reynolds and ORDER that attorney Rebecca Matthews is permitted to withdraw from this matter as an attorney of record for Kahn Gauthier Law Group . by Judge Kurt D. Engelhardt Date Signed: 12/29/04 (REF: 03-3125) (tbl) (Entered: 01/03/2005)
12/28/2004 102 Joint stipulation in CA 04-2716 [Mullen case] as it relates to consolidated complaint, answer and motions and ORDER that same be entered herein. by Judge Kurt D. Engelhardt Date Signed: 12/30/04 (REF: 04-2716) (tbl) (Entered: 01/03/2005)
12/28/2004 103 Joint stipulation in CA 04-2762 [Burtoft case] as to time to answer, move, or otherwise reply and ORDER that same be entered herein. by Judge Kurt D. Engelhardt Date Signed: 12/30/04 (REF: 04-2762) (tbl) (Entered: 01/03/2005)
12/30/2004 105 Motion by lead plaintiffs Richard Reynolds, Steven LeVan, Marc Nathanson, Jerome Haber and ORDER that same are granted leave to file a sur-reply memo of law in support of the intervention portion of their opp to the mtn of the NY St Common Retirement Fund to intervene, to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel . by Judge Martin L.C. Feldman Date Signed: 1/4/05 (REF: 03-3125) (tbl) (Entered: 01/04/2005)
01/04/2005 107 MOTION by defendants Merck & Company Inc, Kenneth C Frazier, Richard C Henriques, Raymond V Gilmartin, Judy C Lewent, Mary M McDonald, to stay all proceedings or in the alter extend the time to respond pending transfer decision by the Judicial Panel on MDL to be heard before Judge Engelhardt at 9:30 1/19/05 (REF: 04-721 and 04-758) (tbl) (Entered: 01/06/2005)
01/05/2005 106 Surreply memorandum by lead plaintiffs Jerome Haber, Marc Nathanson, Steven LeVan, Richard Reynolds in opposition to [64-1] motion to intervene, to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel filed by movant Alan G Hevesi (REF: 03-3125) (tbl) (Entered: 01/05/2005)
01/06/2005 Mail Returned addressed to attorney Andrew J. Entwistle; Rec. Doc. Nos. 78 & 82 (tbl) (Entered: 01/10/2005)
01/10/2005 108 ORDER consolidating case 03-3125 with member case 04-3478. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt (REF: 03-3125 and 04-3478) (tbl) (Entered: 01/11/2005)
01/11/2005 109 Memorandum of law by movant SEB Fonder in further support of its [70-1] motion to intervene, for appointment of SEB Fonder as lead plaintiff, & to approve SEB Fonder's choice of lead & liaison counsel (REF: 03-3125) (tbl) (Entered: 01/12/2005)
01/11/2005 110 Memo of law in opposition by defendants Merck & Company Inc Kenneth C Frazier, Richard C Henriques, Raymond V Gilmartin, Judy C Lewent, Mary M McDonald motion to compel Rule 26(f) conf of parties [98-1] filed by plaintiffs (REF: 04-721 and 04-758) (tbl) (Entered: 01/12/2005)
01/11/2005 112 Motion by movant SEB Fonder and ORDER that attorney Andrew L. Barroway be recognized as co-counsel for same . by Judge Kurt D. Engelhardt Date Signed: 1/12/05 (REF: 03-3125) (tbl) (Entered: 01/12/2005)
01/12/2005 111 Memo in opposition by lead plaintiffs Richard Reynolds, Steven LeVan, Marc Nathanson, Jerome Haber to motion to intervene, for appointment of SEB Fonder as lead plaintiff, & to approve SEB Fonder's choice of lead & liaison counsel [70-1] filed by movant SEB Fonder (REF: 03-3125) (tbl) (Entered: 01/12/2005)
01/12/2005 116 MOTION by movant Alan G Hevesi to continue hearing on its mtn to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel to be heard before Judge Engelhardt (REF: ALL CASES) (tbl) (Entered: 01/14/2005)
01/13/2005 113 MINUTE ENTRY ( 1/13/05 ) The Court is in receipt of a mtn to cont hrg filed by proposed intervenor Alan Hevesi; it is ordered that any party opposing a continuance of intervenor Hevasi's mtn &/or SEB Fonder's mtn to intervene, must submit to the undersigned a short memo addressing any objs to the mtn to cont not later than 1:00 1/14/05. by Judge Kurt D. Engelhardt (REF: ALL CASES) (tbl) (Entered: 01/13/2005)
01/13/2005 114 Memo in opposition by derivative plaintiffs Doris Staehr and Halpert Ent Inc to motion to stay all proceedings or in the alter extend the time to respond pending transfer decision by the Judicial Panel on MDL [107-1] filed defendants by Merck & Company Inc, Kenneth C Frazier, Richard Henriques, Raymond V Gilmartin, Judy C Lewent, Mary M McDonald (REF: 03-3125) (tbl) (Entered: 01/14/2005)
01/13/2005 115 Memorandum by lead plaintiffs Richard Reynolds, Steven LeVan, Marc
Nathanson, Jerome Haber in opposition to movant Alan G Hevesi's motion to continue hearing his mtn to vacate the lead pla order (REF: 03-3125) (tbl) (Entered: 01/14/2005)
01/14/2005 117 MINUTE ENTRY ( 1/14/05 ) Movant Hevesi's motion to continue hearing on its mtn to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel [116-1] is denied; the Court's 12/17/04 minute entry is vacated insofar as the Court granted movant's req that the hrg for oral argument on its mtn; oral argument on the mtns to intervene are denied; the two mtns will be considered submitted as of 1/19/05. by Judge Kurt D. Engelhardt (REF: ALL CASES) (tbl) (Entered: 01/14/2005)
01/14/2005 118 Motion by plaintiffs David P Berlien, et al and ORDER that attorney Deborah R. Gross be admitted pro hac vice for same . by Judge Kurt D. Engelhardt Date Signed: 1/18/05 (REF: BOTH CASES) (tbl) (Entered: 01/18/2005)
01/14/2005 119 Motion by plaintiff Richard Reynolds, plaintiff Steven LeVan, plaintiff Marc Nathanson, plaintiff Jerome Haber and ORDER for attorney that Melvyn I. Weiss be admitted to this Court pro hac vice for same . by Judge Kurt D. Engelhardt Date Signed: 1/18/05 (REF: 03-3125) (tbl) (Entered: 01/18/2005)
01/18/2005 120 Motion by defendants and ORDER that same are granted leave to file reply memo of law in further support of its mtn to stay all proceedings pending transfer decison by the MDL Panel . by Judge Kurt D. Engelhardt Date Signed: 1/19/05 (REF: 04-721 & 04-758) (tbl) (Entered: 01/20/2005)
01/18/2005 121 Motion by movant Alan G Hevesi and ORDER that same is granted leave to file consolidated memo in excess of page limitation . by Judge Kurt D. Engelhardt Date Signed: 1/19/05 (REF: ALL CASES) (tbl) (Entered: 01/20/2005)
01/19/2005 122 Memorandum by defendants in support of their [107-1] motion to stay all proceedings or in the alter extend the time to respond pending transfer decision by the Judicial Panel on MDL (REF: 04-721 and 04-758) (tbl) (Entered: 01/20/2005)
01/19/2005 123 Consolidated memo in opposition by movant Alan G Hevesi to motion to intervene, for appointment of SEB Fonder as lead plaintiff, & to approve SEB Fonder's choice of lead & liaison counsel [70-1] filed by SEB Fonder AND REPLY to the opposition of the LA plaintiffs to his motion to intervene, to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel [64-1] (REF: ALL CASES) (tbl) (Entered: 01/20/2005)
01/19/2005 124 MINUTE ENTRY ( 1/19/05 ) denying the motion of plaintiffs in CA 04-721 and 04-758 to compel Rule 26(f) conf of parties [98-1] - no Rule 26(f) conf will be ordered by me until the MDL Panel denies the req for MDL treatment pending bfr it or the presiding district judge schedules a preliminary conf in this case, whichever comes first. by Magistrate Judge Joseph C. Wilkinson Jr. (REF: 03-3125) (tbl) (Entered: 01/20/2005)
01/19/2005 125 Motion by derivative plaintiffs Doris Staehr and Halpert Ent Inc and ORDER that same are granted leave to file reply to dfts' opp to plas mtn to compel Rule 26(f) conference of parties . by Magistrate Judge Joseph C. Wilkinson Jr. (REF: 04-721 and 04-758) (tbl) (Entered: 01/21/2005)
01/19/2005 127 Stipulation by defendants Merck & Co., Inc, Raymond V Gilmartin, Kenneth C Frazier, Judy C Lewent and Caroline Dorsa as to time to answer, move or otherwise reply and ORDER that same be granted as set forth herein. by Judge Kurt D. Engelhardt Date Signed: 1/20/05 (REF: 04-3024) (tbl) (Entered: 01/21/2005)
01/20/2005 126 Reply by derivative plaintiffs Doris Staehr and Halpert Ent Inc to dfts' opp to their motion to compel Rule 26(f) conf of parties (REF: 04-721 and 04-758) (tbl) (Entered: 01/21/2005)
01/20/2005 128 Stipulation and ORDER: that dft's shall have 60 days from date of svc of an amd cmp to answer, move, or otherwise reply by Judge Kurt D. Engelhardt Date Signed: 1/21/05 (RED: 04-3294) (plh) (Entered: 01/25/2005)
01/21/2005 129 Stipulation and ORDER: regarding consolidated cmp, answer & motions; dfts answer or mtn to dism due by 3/11/05 and deadlines as set forth in doc by Judge Kurt D. Engelhardt Date Signed: 1/24/05 (REF: 03-3125) (plh) (Entered: 01/25/2005)
01/21/2005 130 Motion by lead plaintiffs and ORDER for leave to file sur-reply memo in support of the lead pla portion of their opp to the mtn of NY State Common Retirement Fund to Intervene to vacate the lead pla order to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel by Judge Kurt D. Engelhardt Date Signed: 1/24/05 (REF: 03-3125) (plh) (Entered: 01/25/2005)
01/26/2005 132 Motion by plaintiff Park East Inc and ORDER that same is granted leave to tile its memo of law in opp to the consol memo in opp to Hevesi's to the mtns of SEB Fonder & Park East & in reply to the opp of the LA plas to Hevesi's mtn. by Judge Kurt D. Engelhardt Date Signed: 1/28/05 (REF: 04-3278) (tbl) (Entered: 01/31/2005)
01/26/2005 140 MOTION by plaintiff Vincent P Mullen to appoint co-lead counsel in all ERISA actions and UNSIGNED ORDER (REF: 03-3125 & 04-2716) (tbl) (Entered: 02/15/2005)
01/27/2005 Mail Returned addressed to attorney Andrew J. Entwistle; Rec. Doc. Nos. 113 & 117 (REF: ALL CASES) (tbl) (Entered: 01/28/2005)
01/27/2005 Mail Returned addressed to attorney William Stein, Jr.; Rec. Doc. Nos. 125, 129, & 130 (REF: ALL CASES); Remailed on 1/31/05 (tbl) Modified on 01/31/2005 (Entered: 01/28/2005)
01/28/2005 131 ORDER consolidating case 03-3125 with member case 04-3515. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt Date Signed: 1/27/05 (REF: 03-3125 and 04-3515) (tbl) (Entered: 01/28/2005)
01/28/2005 133 Memorandum by plaintiff Park East Inc in opposition to the conolidated memo in opp of movant Hevesi's to the motion to intervene, for appointment of SEB Fonder as lead plaintiff, & to approve SEB Fonder's choice of lead & liaison counsel filed by movant SEB Fonder and in reply to the opp of the LA plas to Hevesi's mtn (REF: 03-3125 & 04-3278) (tbl) (Entered: 01/31/2005)
01/31/2005 134 Sur-Reply memorandum by lead plaintiffs Richard Reynolds, Steven LeVan Marc
Nathanson, Jerome Haber in further support of their opposition to Hevesi's motion to intervene, to vacate the lead pla order, to appoint NYSCRF as lead pla & for approval of selection of co-lead counsel (REF: 03-3125) (tbl) (Entered: 02/01/2005)
02/01/2005 135 Stipulation as to time to answer, move, or otherwise reply by pla Park East Inc and dfts in CA 04-3278 and ORDER granting same as set forth herein . by Judge Kurt D. Engelhardt (REF: 04-3278) (tbl) (Entered: 02/03/2005)
02/03/2005 136 Stipulation by the parties in CA 04-721 and 04-758 as it relates to consolidated complaint, answer and motions and ORDER that 1) dfts w/draw their pending mtn to stay filed 1/4/05 w/o prej to refile it at a later date; 2) dfts shall serve their answer or mtn to dismiss, if any by 3/21/05; 3) plas in the derivative action shall serve their memo in opp to any such mtn to dismiss by 5/6/05; 4) dfts shall serve their reply memo, if any, by 6/6/05. by Judge Kurt D. Engelhardt Date Signed: 2/4/05 (REF: 04-721 and 04-758) (tbl) (Entered: 02/07/2005)
02/07/2005 137 Motion by movant SEB Fonder and ORDER that same is granted leave to file its reply memo in further support of their mtn to intervene, for appointment of SEB as lead pla & to approve SEB's choice of lead and liaison counsel . by Judge Kurt D. Engelhardt Date Signed: 2/9/05 (REF: 03-3125) (tbl) (Entered: 02/11/2005)
02/09/2005 Mail Returned addressed to attorney Andrew J. Entwistle; Rec. Doc. No. 120 (tbl) (Entered: 02/11/2005)
02/09/2005 Mail Returned addressed to attorney Andrew J. Entwistle; Rec. Doc. No. 125 (tbl) (Entered: 02/11/2005)
02/09/2005 142 MOTION by movant Rhoda Kanter to be appointed lead plaintiff of MSIP subclass & for approval of her selection of lead counsel to be heard before Judge Engelhardt at 9:00 2/18/05 (REF: 03-3125) (tbl) Modified on 02/15/2005 (Entered: 02/15/2005)
02/11/2005 138 MINUTE ENTRY ( 2/10/05 ) It is ordered that the 2/23/05 hrg on pla Park East Inc's motion for coordination with related case, appt as lead counsel & approval of lead pla's selection of lead counsel [0-1] is reset to 9:30 3/2/05. by Judge Kurt D. Engelhardt (REF: 04-3278) (tbl) (Entered: 02/11/2005)
02/11/2005 Mail Returned addressed to attorney Andrew J. Entwistle; Rec. Doc. No. 128 (tbl) (Entered: 02/15/2005)
02/11/2005 139 Reply Memorandum by movant SEB Fonder in further support of its [70-1] motion to intervene, for appointment of SEB Fonder as lead plaintiff, & to approve SEB Fonder's choice of lead & liaison counsel (REF: ALL CASES) (tbl) (Entered: 02/15/2005)
02/14/2005 141 MINUTE ENTRY ( 2/11/05 ) The motion to appoint co-lead counsel in all ERISA actions [140-1] filed by pla Vincent P Mullen is set for hearing at 9:30 3/2/05 w/o oral argument; opp memo shall be filed by 2/22/05. by Judge Kurt D. Engelhardt (REF: 03-3125 & 04-2716) (tbl) (Entered: 02/15/2005)
02/14/2005 143 MINUTE ENTRY ( 2/11/05 ) It is ordered that the 2/18/05 hearing on Rhoda Kantor's motion to be appointed lead plaintiff of MSIP subclass & for approval of her selection of lead counsel [142-1] is reset for hearing at 9:30 3/2/05 w/o oral
argument. by Judge Kurt D. Engelhardt (REF: 03-3125) (tbl) (Entered: 02/15/2005)
02/15/2005 144 MOTION by plaintiff Vincent P Mullen to appoint co-lead counsel in all ERISA actions to be heard before Judge Engelhardt at 9:30 3/30/05 (REF: 03-3125 and 04-2716) (tbl) (Entered: 02/15/2005)
02/15/2005 145 Memo in opposition by plaintiff Park East Inc to motion to be appointed lead plaintiff of MSIP subclass & for approval of her selection of lead counsel [142-1] filed by movant Rhoda Kanter (REF: 04-3278) (tbl) (Entered: 02/16/2005)
02/16/2005 Mail Returned addressed to attorney Andrew J. Entwistle; Rec. Doc. No. 131 (tbl) (Entered: 02/19/2005)
02/16/2005 Mail Returned addressed to attorney Andrew J. Entwistle; Rec. Doc. No. 135 (tbl) (Entered: 02/19/2005)
02/17/2005 146 ORDER consolidating case 03-3125 with member case 05-332. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. by Judge Kurt D. Engelhardt Date Signed: 2/16/05 (tbl) (Entered: 02/17/2005)
02/22/2005 147 Motion by movant Robert Mortensen and ORDER that an exp hrg will be held on his mtn to intervene on the record w/o oral argument ; written opp, if any, must be filed by 3/3/05. by Magistrate Judge Joseph C. Wilkinson Jr. Date Signed: 2/24/05 (REF: 03-3125) (tbl) (Entered: 02/25/2005)
02/22/2005 152 MOTION for Expedited Hearing on His Motion Requesting a Stay of Plaintiffs Vincent P. Mullen and Robert Nalett's Motion to Appoint Co-Lead Counsel in all ERISA Actions by Robert Mortensen and UNSIGNED ORDER. (REF: 03-3125) (tbl, ) (Entered: 03/09/2005)
02/23/2005 Mail Returned addressed to attorney Andrew J. Entwistle; Rec. Doc. No. 137 (tbl) (Entered: 02/24/2005)
02/23/2005 Mail Returned addressed to attorney Andrew J. Entwistle; Rec. Doc. No. 138 (tbl) (Entered: 02/24/2005)
02/25/2005 148 MOTION by movant Robert Mortensen to intervene to be held on the record w/o oral argument before Magistrate Judge Joseph C. Wilkinson Jr. (REF: 03-3125) (tbl) (Entered: 02/25/2005)
02/28/2005 149 Conditional transfer order to MDL 1658 -- District of New Jersey. by Clerk MDL Panel (REF: ALL CASES)(tbl, ) (Entered: 03/01/2005)
03/02/2005 150 ORDER terminating 148 Motion to Intervene of Robert Mortensen -- captioned case being transferred to the District of New Jersey. Signed by Judge Joseph C. Wilkinson on 3/1/05. (REF: ALL CASES) (tbl, ) (Entered: 03/04/2005)
03/07/2005 153 ORDER of MDL Transfer to District of New Jersey. MDL case number is 1658. Original file, certified copy of transfer order, and docket sheet sent.(tbl, ) (Entered: 03/14/2005)
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