US District Court Civil Docket as of 01/05/2005
Retrieved from the court on Sunday, January 9, 2005
US District Court for the
Central District of California
2:02ml1475
In Re: Heritage Bonds v. , et al
Date Filed: 08/20/2002 Class Code: LEAD, MDL,
Assigned To: Judge Dickran Tevrizian PROTORD
Referred To: Closed: No
Nature of suit: Product Liability (365) Statute: 28:1332
Cause: Diversity-Personal Injury Jury Demand: Plaintiff
Lead Docket: 2:02-ml-01475-DT Demand
Amount: $0
Other Docket: None
Jurisdiction: Diversity
Litigants Attorneys
Heritage Bonds Litigation Daniel S Sommers
IN RE [COR LD NTC]
Cohen Milstein Hausfeld & Toll West TWR
1100 New York Ave NW, Ste 500
Washington , DC 20005-3964
USA
202-408-4600
Heather J Klaas
[COR LD NTC]
[Term: 10/24/2002]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Jill Levine Betts
[COR LD NTC]
Brian Barry Law Offices
1801 Avenue of the Stars, Ste 307
Los Angeles , CA 90067
USA
310-788-0831
Joshua S Devore
[COR LD NTC]
Cohen Milstein Hausfeld & Toll West Tower
1100 New York Ave NW, Ste 500
Washington , DC 20005-3964
USA
202-408-4600
Email: Jdevore@cmht.com
Julie Goldsmith
[COR LD NTC]
Cohen Milstein Hausfeld & Toll West TWR
1100 New York Ave NW, Ste 500
Washington , DC 20005-3964
USA
202-408-4600
Kristi Lynn Nelson
[COR LD NTC]
Freeman Freeman & Salzman
401 N Michigan Ave, Ste 3200
Chicago , IL 60611
USA
312-222-5100
Matthew J IDE
[COR LD NTC]
[Term: 09/15/2003]
Cohen Milstein Hausfeld & Toll
701 5TH Ave, Ste 6860
Seattle , WA 98104-4001
USA
206-521-0080
Richard P Campbell
[COR LD NTC]
Freeman Freeman & Salzman
401 N Michigan Ave, Ste 3200
Chicago , IL 60611
USA
312-222-5100
Steven J Toll
[COR LD NTC]
Cohen Milstein Hausfeld & Toll West TWR
1100 New York Ave NW, Ste 500
Washington , DC 20005-3964
USA
202-408-4600
David Sinow Brian Barry
PLAINTIFF [COR LD NTC]
Brian Barry Law Offices
1801 Avenue of the Stars, Ste 307
Los Angeles , CA 90067
USA
310-788-0831
Email: Bribarry1@yahoo.com
Kathleen Langan
[COR LD NTC]
Brian Barry Law Offices
1801 Avenue of the Stars
Suite 307
Los Angeles , CA 90067
USA
310-788-0831
Fax: 310-788-0841
Jill Levine Betts
[COR LD NTC]
Brian Barry Law Offices
1801 Avenue of the Stars, Ste 307
Los Angeles , CA 90067
USA
310-788-0831
Email: Jilllevine1@yahoo.com
v.
City of Chicago John W Cotton
DEFENDANT [COR LD NTC]
[Term: 08/18/2003] [Term: 08/18/2003]
Cotton & Gundzik
801 S Figueroa St, 14TH FL
Los Angeles , CA 90017
USA
213-312-1330
Fax: 213-623-6699
US Trust Corporation, NA Arnold D Woo
DEFENDANT [COR LD NTC]
Hill Farrer & Burrill
One California Plz
300 S Grand Ave, 37TH FL
Los Angeles , CA 90071-3147
USA
213-620-0460
Fax: 213-624-4840
Steven W Bacon
[COR LD NTC]
Hill Farrer & Burrill
One California Plz
300 S Grand Ave, 37TH FL
Los Angeles , CA 90071-3147
USA
213-620-0460
Fax: 213-624-4840
US Trust Company NA Arnold D Woo
DEFENDANT [COR LD NTC]
Hill Farrer & Burrill
One California Plz
300 S Grand Ave, 37TH FL
Los Angeles , CA 90071-3147
USA
213-620-0460
Fax: 213-624-4840
Christopher Frank Wong
[COR LD NTC]
Bryan Cave
120 Broadway, Ste 300
Santa Monica , CA 90401-2305
USA
310-576-2100
Email: Cwong@bryancave.com
Steven W Bacon
[COR LD NTC]
Hill Farrer & Burrill
One California Plz
300 S Grand Ave, 37TH FL
Los Angeles , CA 90071-3147
USA
213-620-0460
Fax: 213-624-4840
Joel T Boehm Charles R Grebing
DEFENDANT [COR LD NTC]
Wingert Grebing Brubaker & Ryan
One America Plz
600 W Broadway, 7TH FL
San Diego , CA 92101-3370
USA
619-232-8151
Email: Cgrebing@wgbrlaw.com
Kimberly Diane Howatt
[COR LD NTC]
Wingert Grebing Brubaker & Ryan
One America Plz
600 W Broadway, 7TH FL
San Diego , CA 92101-3370
USA
619-232-8151
Email: Khowatt@wgbrlaw.com
Debra Kasirer Gary Kurtz
DEFENDANT [COR LD NTC]
Gary A Kurtz Law Offices
20335 Ventura Boulevard, Suite 200
Woodland Hills , CA 91364
USA
818-884-8400
Email: Garyk91364@yahoo.com
Robert Kasirer Gary Kurtz
DEFENDANT [COR LD NTC]
Gary A Kurtz Law Offices
20335 Ventura Boulevard, Suite 200
Woodland Hills , CA 91364
USA
818-884-8400
Email: Garyk91364@yahoo.com
Carecontinuum LLC Gary Kurtz
DEFENDANT [COR LD NTC]
Gary A Kurtz Law Offices
20335 Ventura Boulevard, Suite 200
Woodland Hills , CA 91364
USA
818-884-8400
Email: Garyk91364@yahoo.com
Health Care Holdings LLC Gary Kurtz
DEFENDANT [COR LD NTC]
Gary A Kurtz Law Offices
20335 Ventura Boulevard, Suite 200
Woodland Hills , CA 91364
USA
818-884-8400
Email: Garyk91364@yahoo.com
JDDJ Holdings LP Gary Kurtz
DEFENDANT [COR LD NTC]
Gary A Kurtz Law Offices
20335 Ventura Boulevard, Suite 200
Woodland Hills , CA 91364
USA
818-884-8400
Email: Garyk91364@yahoo.com
Bistra & Munkacs Holdings Inc Gary Kurtz
DEFENDANT [COR LD NTC]
Gary A Kurtz Law Offices
20335 Ventura Boulevard, Suite 200
Woodland Hills , CA 91364
USA
818-884-8400
Email: Garyk91364@yahoo.com
Jerold V Goldstein William E Crockett
DEFENDANT [COR LD NTC]
Dion-Kindem & Crockett
21271 Burbank Blvd, Ste 100
Woodland Hills , CA 91367
USA
818-883-4400
Evan Greenspan Francis A Bottini, Jr
DEFENDANT [COR LD NTC]
Wolf Haldenstein Adler Freeman & Herz Symphony
TWR
750 B St, Ste 2770
San Diego , CA 92101
USA
619-239-4599
Email: Bottini@whafh.com
Marlene D Greenly
[COR LD NTC]
Marlene D Greenly Law Offices
9454 Wilshire Blvd, 6TH Floor
Beverly Hills , CA 90212
USA
310-273-4001
Fax: 310-388-5357
Atkinson, Andelson, Loya, Ruud & Romo Attorneys Daniel M White
DEFENDANT [COR LD NTC]
White and Oliver
550 West C St, Ste 950
San Diego , CA 92101
USA
619-239-0300
Patrick J Shipley
[COR LD NTC]
White and Oliver
550 West C Street, Suite 950
San Diego , CA 92101
USA
619-239-0300
Email: Pshipley@whiteoliver.com
Sabo & Green Paul J Dechary
DEFENDANT [COR LD NTC]
Butz Dunn Desantis & Bingham
101 W Broadway, Ste 1700
San Diego , CA 92101-8289
USA
619-233-4777
Steven Cruz Uribe
[COR LD NTC]
Butz Dunn Desantis & Bingham
101 W Broadway, Ste 1700
San Diego , CA 92101-8289
USA
619-233-4777
Email: Suribe@butzdunn.com
Leo Dierckman Michael H Gottschlich
DEFENDANT [COR LD NTC]
Barnes & Thornburg
11 S Meridian Street
Indianapolis , IN 46204
USA
317-231-7834
Berman & Bertolini Inc Steven H Schwartz
DEFENDANT [COR LD NTC]
Schwartz & Jansen
12100 Wilshire Blvd
Suite 1125
Los Angeles , CA 90025-7117
USA
310-979-4090
Email: Sschwartz@sj-Law.com
Onofrio V Bertolini Steven H Schwartz
DEFENDANT [COR LD NTC]
Schwartz & Jansen
12100 Wilshire Blvd
Suite 1125
Los Angeles , CA 90025-7117
USA
310-979-4090
Email: Sschwartz@sj-Law.com
William Filippone Steven H Schwartz
DEFENDANT [COR LD NTC]
Schwartz & Jansen
12100 Wilshire Blvd
Suite 1125
Los Angeles , CA 90025-7117
USA
310-979-4090
Email: Sschwartz@sj-Law.com
James E Iverson Richard D Gluck
DEFENDANT [COR LD NTC]
Fairbank & Vincent
11755 Wilshire Blvd, Ste 2320
Los Angeles , CA 90025
USA
310-996-5520
Fax: 310-996-5530
Virgil Lim Roman P Mosqueda
DEFENDANT [COR LD NTC]
Roman P Mosqueda Law Offices
3350 Wilshire Blvd, Ste 735
Los Angeles , CA 90010-1824
USA
213-252-9481
John M Clarey Kevin W Alexander
DEFENDANT [COR LD NTC]
Gordon & Rees
101 W Broadway, Ste 1600
San Diego , CA 92101
USA
619-696-6700
Email: Kalexander@gordonrees.com
Valuation Counselors Group Inc Regarding CV 01- Craig Varnen
5752 [COR LD NTC]
DEFENDANT Irell & Manella
1800 Avenue of the Stars, Ste 900
Los Angeles , CA 90067-4276
USA
310-277-1010
Andrew Kornreich
DEFENDANT
Healthcare Financial Solutions Group Inc HFS Mark P Epstein
Consultants [COR LD NTC]
DEFENDANT Poeschl Kohn & Epstein
825 Washington St, Ste 301
Oakland , CA 94607
USA
510-874-1330
Email: Epstein@pkelaw.com
Michael Sobelman Cross John M Caron
DEFENDANT [COR LD NTC]
Reback McAndrews & Kjar
1230 Rosecrans Ave, Ste 450
Manhattan Beach , CA 90266
USA
310-297-9900
Email: Abecker@rmklawyers.com
Brian Barry
[COR LD NTC]
Brian Barry Law Offices
1801 Avenue of the Stars, Ste 307
Los Angeles , CA 90067
USA
310-788-0831
Email: Bribarry1@yahoo.com
Marshall Wexler Cross Michael J Schiff
DEFENDANT [COR LD NTC]
Pastor Schiff and Summers
16830 Ventura Blvd, Ste 345
Encino , CA 91436
USA
818-981-2131
Email: Michaelschiff@hotmail.com
Francis A Bottini, Jr
[COR LD NTC]
Wolf Haldenstein Adler Freeman & Herz
750 B St, Ste 2770
San Diego , CA 92101
USA
619-239-4599
Email: Bottini@whafh.com
Donald B Chalker Cross Francis A Bottini, Jr
DEFENDANT [COR LD NTC]
Wolf Haldenstein Adler Freeman & Herz Symphony
TWR
750 B St, Ste 2770
San Diego , CA 92101
USA
619-239-4599
Email: Bottini@whafh.com
Cary Medill, Cross Francis A Bottini, Jr
DEFENDANT [COR LD NTC]
Wolf Haldenstein Adler Freeman & Herz Symphony
TWR
750 B St, Ste 2770
San Diego , CA 92101
USA
619-239-4599
Email: Bottini@whafh.com
Ramiro G Lozano Jr Cross Ramiro G Lozano Jr
DEFENDANT [COR LD NTC]
Pro Se
Edward J Hentges Brian E Palmer
DEFENDANT [COR LD NTC]
[Term: 10/03/2003]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Diane L Dragan
[COR LD NTC]
Nitz Walton & Heaton
601 S 10TH St, Ste 202
Las Vegas , NV 89101
USA
702-474-4004
Heather J Klaas
[COR LD NTC]
[Term: 10/03/2003]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Jeffrey L Sikkema
[COR LD NTC]
[Term: 10/03/2003]
Holdsworth & Hagopian
650 Town Ctr Dr, Ste 800
Costa Mesa , CA 92626
USA
714-384-4120
Kenneth R Larsen Brian E Palmer
DEFENDANT [COR LD NTC]
[Term: 10/03/2003]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Heather J Klaas
[COR LD NTC]
[Term: 10/03/2003]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Jeffrey L Sikkema
[COR LD NTC]
[Term: 10/03/2003]
Holdsworth & Hagopian
650 Town Ctr Dr, Ste 800
Costa Mesa , CA 92626
USA
714-384-4120
Jerome E Tabolich Brian E Palmer
DEFENDANT [COR LD NTC]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Heather J Klaas
[COR LD NTC]
[Term: 01/07/2004]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Jeffrey L Sikkema
[COR LD NTC]
Holdsworth & Hagopian
650 Town Ctr Dr, Ste 800
Costa Mesa , CA 92626
USA
714-384-4120
Norman J Baer
[COR LD NTC]
[Term: 07/27/2004]
Fruth & Anthony
1350 International Centre
Minneapolis , MN 55402
USA
612-349-6969
Norman J Baer
[COR LD NTC]
[Term: 07/27/2004]
Anthony Ostlund & Baer PA
3600 Wells Fargo Center
90 South Seventh Street
Minneapolis , MN 55402
USA
612-349-6969
William McDonald Miller, III
[COR LD NTC]
Musick Peeler & Garrett
One Wilshire Bldg
624 S Grand Ave, Ste 2000
Los Angeles , CA 90017-3321
USA
213-629-7600
Email: W.miller@mpglaw.com
Steven W Erickson Brian E Palmer
DEFENDANT [COR LD NTC]
[Term: 10/03/2003]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Diane L Dragan
[COR LD NTC]
Nitz Walton & Heaton
601 S 10TH St, Ste 202
Las Vegas , NV 89101
USA
702-474-4004
Heather J Klaas
[COR LD NTC]
[Term: 10/03/2003]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Jeffrey L Sikkema
[COR LD NTC]
[Term: 10/03/2003]
Holdsworth & Hagopian
650 Town Ctr Dr, Ste 800
Costa Mesa , CA 92626
USA
714-384-4120
Jerome E Ekholm Brian E Palmer
DEFENDANT [COR LD NTC]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Heather J Klaas
[COR LD NTC]
Dorsey & Whitney
50 S 6TH St, Ste 1500
Minneapolis , MN 55402-1498
USA
612-340-2600
Jeffrey L Sikkema
[COR LD NTC]
Holdsworth & Hagopian
650 Town Ctr Dr, Ste 800
Costa Mesa , CA 92626
USA
714-384-4120
US Trust Company NA Cross Steven W Bacon
CLAIMANT [COR LD NTC]
Hill Farrer & Burrill
300 S Grand Ave, 37TH FL
Los Angeles , CA 90071-3147
USA
213-620-0460
Fax: 213-624-4840
US Trust Corporation, NA Cross Steven W Bacon
CLAIMANT [COR LD NTC]
Hill Farrer & Burrill
One California Plz
300 S Grand Ave, 37TH FL
Los Angeles , CA 90071-3147
USA
213-620-0460
Fax: 213-624-4840
Danforth Health Facilities Corporation Cross
DEFENDANT
[Term: 04/29/2004]
US Trust Company NA Cross
CLAIMANT
US Trust Corporation, NA Cross Steven W Bacon
CLAIMANT [COR LD NTC]
Hill Farrer & Burrill
One California Plz
300 S Grand Ave, 37TH FL
Los Angeles , CA 90071-3147
USA
213-620-0460
Fax: 213-624-4840
Danforth Health Facilities Corporation Cross
DEFENDANT
[Term: 04/29/2004]
Jerold V Goldstein Cross
CLAIMANT
Herbert T Saltzman Cross
DEFENDANT
Larry Rubin, Cross
CLAIMANT
Does 100-150 Inclusive Cross
DEFENDANT
JKRK Cross
DEFENDANT
Kasirer Yeladin Holdings Cross
DEFENDANT
Kasirer Family Holdings #4 Cross
DEFENDANT
Daniel Gottlieb Cross
DEFENDANT
G & L Realty Corporation Cross
DEFENDANT
Atkinson, Andelson, Loya, Ruud & Romo Attorneys
Cross
DEFENDANT
Michael Sobelman Cross
DEFENDANT
Joel T Boehm Cross
DEFENDANT
Jerold Goldstein Cross
DEFENDANT
Debra Kasirer Cross
DEFENDANT
Robert Kasirer, Cross
DEFENDANT
Bank of New York Cross
DEFENDANT
US Trust Corporation Cross
DEFENDANT
US Trust Company of Texas, NA Cross
DEFENDANT
Fulbright & Jaworski LLP Cross
DEFENDANT
[Term: 05/13/2004]
Date # Proceeding Text
10/31/2001 25 DECLARATION of Bruce Talley in suppt of motion of dft Bruce Talley to compel
arbitration [21-1] (dw) (Entered: 11/04/2002)
01/06/2002 136 DECLARATION of David Snow by plfs Heritage Bondholder Group in suppt of the
The Heritage Bondholder Group's Mot for Appt as Lead Plf & for approval of lead plf's
selection of lead cnsl [79-1] (dw) (Entered: 01/07/2003)
08/20/2002 1 ORDER; Purs to 28 USC Sect 1407 of the rules of procedure of the Judicial Panel on
Multidistrict Litigation, 192 FRD 459, 468-69 the actns listed hare hereby transferred to
the C/D of CA w/ the consent of that Crt, assigned to the Hon Dickran M Tevrizian Jr
for coordinated or consolidated P/T procdgs w/ the actns pending in that district.
consolidating cases 2:02-ml-1475 with member cases 2:02-cv-6512, 2:02-cv-382, 2:01-
cv-5752, 2:02-cv-993, 2:02-cv-2745 (jag) (Entered: 08/23/2002)
10/03/2002 -- ATTORNEY SUBSTITUTION: terminating Paul R Ekhom as pro per by defendant
Paul R Ekholm in 2:01-cv-05752 and substituting attorney Jeffrey L Sikkema by Judge
Dickran Tevrizian (pc) (Entered: 10/07/2002)
10/03/2002 -- ATTORNEY SUBSTITUTION: terminating Jerome E Tabolich pro per by defendant
Jerome E Tabolich in 2:01-cv-05752 and substituting attorney Jeffrey L Sikkema by
Judge Dickran Tevrizian (pc) (Entered: 10/07/2002)
10/03/2002 -- ATTORNEY SUBSTITUTION: terminating Steven W Erickson as pro per by defendant
Steven W Erickson in 2:01-cv-05752 and substituting attorney Jeffrey L Sikkema by
Judge Dickran Tevrizian (pc) (Entered: 10/07/2002)
10/03/2002 -- ATTORNEY SUBSTITUTION: terminating Kenneth R Larsen as pro per by defendant
Kenneth R Larsen in 2:01-cv-05752 and substituting attorney Jeffrey L Sikkema by
Judge Dickran Tevrizian (pc) (Entered: 10/07/2002)
10/15/2002 4 MINUTES by Judge Dickran Tevrizian: US Trust dfts mot to dism 3rd amd cmp is
granted in part & denied in part; Request for judicial ntc is granted; Dft Joel T Boehm's
mot to strike plfs 3rd amd cmp purs to CA anti-slapp statute is denied; Dfts Sabo &
Green & Joel T. Boehm's mot to dism 3rd amd cmp is taken under submission; Dfts
Debra Kasirer individually & as trustee of the Debra Kasirer Trust & Canon Realty
Corp's mot to dism 3rd amd cmp or in the alt for summ jgm is denied; Dfts Robert
Kasirer, Health Care Holdings LLC, Care Continuum LLC, BHMC Corp & JDDJ
Holdings LP mot to dism 3rd amd cmp is taken under submission; Crt orders cnsl to file
all docs using MDL 1475; Court fur orders case numbers CV 02 6484 DT & CV 02-
6841 DT consolidated with CV 01-5752 DT; Case number CV 02 6512 DT shall be
referenced as a companion case; Cnsl are instructed to file all docs w/the Clerk's Office;
; discovery ddl set on 6/30/03; Pretrial Conference set for 1:30 8/25/03 ; trial set on
8/25/03 1:30; The 2nd Amd Class Actn Cmp shall be fld NLT 10/29/02; The Betkers'
4th Amd Cmp shall also be filed NLT 10/29/02; Court sets hrg date on dft's mot to dism
in CV 02-6512 DT for 11/25/02 at 10:00am; (See doc for fur info) CR: Lori Muraoka
(dw) (Entered: 10/21/2002)
10/15/2002 5 ORDER by Judge Dickran Tevrizian: 1) GRANTING REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF US TRUST DFT'S MOT TO DISM 3RD AMD CMP; 2)
GRANTING IN PART & DENYING IN PART US TRUST DFTS' MOT TO DISM
3RD AMD CMP; (See doc for fur info) (dw) (Entered: 10/21/2002)
10/15/2002 6 ORDER by Judge Dickran Tevrizian: 1) Granting Plfs' Request for Judicial Notice; 2)
Denying Dft Joel T Boehm's Mot to Strike 3rd Amd Cmp purs to CA Anti-Slapp
Statute; 3) Denying Plfs' Request for Atty Fees & Sanctions; (See doc for fur info) (dw)
(Entered: 10/21/2002)
10/15/2002 7 ORDER by Judge Dickran Tevrizian: 1) Granting Certain Dfts' Request for Judicial
Notice in Suppt of Mot to Dism; 2) Denying Mot of Dfts Debra Kasirer Individually &
as Trustee of the Debra Kasirer Trust & Canon Realty Corp to Dism 3rd Amd Cmp or in
the alt for Summ Jgm; (See doc for fur info) (dw) (Entered: 10/21/2002)
10/15/2002 8 ORDER by Judge Dickran Tevrizian: 1) Granting Plf's Request for Judicial Notce; 2)
Granting in Part & Denying in Part Dfts Sabo & Green & Joel T Boehm's Mot to Dism
3rd Amd Cmp purs to FRCP 12(b)(6); (See doc for fur info) (dw) (Entered: 10/21/2002)
10/15/2002 9 ORDER by Judge Dickran Tevrizian: 1) Granting in part & denying in Part Request for
Judicial Ntc in Suppt of Mot to Dism 3rd Amd Cmp; 2) Granting in part & Denying in
part Mot of Dfts Robert Kasrier, Health Care Holdings LLC, Carecontinuum LLC,
BHMC Corp. & JDDJ Holdings, LP to Dism 3rd Amd Cmp; (See doc for fur info) (dw)
(Entered: 10/21/2002)
10/18/2002 2 DECLARATION of Brian Barry in support of entry of [proposed] order scheduling a
settlement conference. Consolidated with Case #'s CV01-5752, CV02-382, CV02-993,
CV02-6484, CV02-6841, CV02-2745. Companion Case CV02-6512. This document
related to: CV02-382, CV02-993, CV02-6484 (rl) (Entered: 10/21/2002)
10/18/2002 3 PROOF OF SERVICE re Heritage Bonds on 10/18/02 of [proposed] order setting the
briefing schedule for the consolidated class action, [proposed] order setting the schedule
for settlement conference, declaration of Brian Barry in support of entry of [proposed]
order scheduling a settlement conference. Consolidated with case #'s CV01-5752,
CV02-382, CV02-993, CV02-6484, CV02-6841, CV02-2745. Companion Case CV02-
6512. This document relates to: CV02-382, CV02-993, CV02-6484 (rl) Modified on
10/21/2002 (Entered: 10/21/2002)
10/18/2002 10 PROOF OF SERVICE executed upon City of Chicago; Service by Federal/State Statute
not specified on 9/20/02 via personal service by serving Summons; Consolidated
Amended Complaint; Standing Order to Mablelene Coleman Assistant Clerk (dw)
(Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Desert Hot Springs Public Financing Authority;
Service by Federal Statute on 9/25/02 via Personal service by serving Summons on
Consolidated Amended Complaint; Consolidated Class Action Complaint; Standing
Order with Regard to Newly Assigned Cases to Charles Green Agent authorized to
receive service of process (dw) Modified on 9/30/2004 (dw, ). (Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon City of Mexico Beach; Service by Federal/State
Statute not specfied on 10/1/02 via personal service by serving Summons; Consolidated
Amended Complaint; Standing Order to Mayor Kathy Kingsland (dw) (Entered:
10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Capital Consulting Group; Service by
Federal/State Statute not specified on 9/23/02 via Personal Service by serving
Summons; Consolidated Amended Complaint; Standing Order to Joyce Winters,
Authorized to accept service (dw) (Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Stephen P. Goodman; Service by Federal statute
on 9/25/02 via personal service by serving Summons on Consolidated Amended
Complaint; Consolidated Class Action Complaint to Stephen P Goodman (dw) (Entered:
10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Evan Greenspan; Service by Federal statute on
9/25/02 via personal service by serving Summons in a Civil Action; Complaint;
Standing Order with regard to newly assigned to Evan Greenspan, dft (dw) (Entered:
10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon dft Edward Hentges; Service by Federal/State
statute not specified on 9/24/02 via Certified Mail by serving Summons & Complaint to
Joel Jacobson (dw) (Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Kenneth Larson; Service by Federal/State statute
not specified on 9/24/02 via certified mail by serving Summons & Complaint to
Kenneth Larsen (copy of return receipt attached) (dw) (Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Jerome Tabolich; Service by Federal/state statute
not specified on 9/24/02 via certified mail (copy of return receipt attached) by serving
Summons & Complaint to Jerome Tabolich (dw) (Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Steven Erickson; Service by Federal/State Statute
not specified on 9/24/02 via Certified Mail (Copy of return receipt attached) by serving
Summons & Complaint to Steven Erickson (dw) (Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Paul Ekholm; Service by Federal/State statute not
specified on 9/24/02 via Certified Mail (Copy of return receipt attached) by serving
Summons & Complaint to Paul Ekholm, Defendant (dw) (Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon William Filippone; Service by Federal/State
statute not specified on 9/18/02 via Certified Mail (copy of return receipt attached) by
serving Summons & Complaint to Carol Filippone (dw) (Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Leo Dierckman; Service by Federal/State Statute
not specified on 9/18/02 via Certified Mail (copy of return receipt attached) by serving
Summons & Complaint to Leo Dierckman, defendant (dw) (Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Alan Pollack; Service by Federal/State statute not
specified on 9/18/02 via Certified Mail (copy of return receipt attached) by serving
Summons & Complaint to Alan Pollack, defendant (dw) (Entered: 10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Richard Kuhl WRS Architects ; Service by
Federal/State statute not specified on 9/18/02 via Certified Mail (Copy of return receipt
attached) by serving Summons & Complaint to Richard Kuhl (dw) (Entered:
10/24/2002)
10/18/2002 10 PROOF OF SERVICE executed upon Virgilio Y Lim ; Service by Federal/State Statute
not specified on 9/30/02 via personal service by serving Summons & Complaint to
Virgilio Y Lim (dw) (Entered: 10/24/2002)
10/18/2002 10 RETURN OF SUMMONS unexecuted - attempted on 10/10/02 upon dft Louis
Pontarelli (dw) (Entered: 10/24/2002)
10/18/2002 11 PROOF OF SERVICE executed by WRS Architects; Service by Federal/State statute
not specified on 10/10/02 via Certified Mail (copy of return receipt attached) by serving
Summons & Complaint to Cathy Smith (dw) (Entered: 10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed upon Edward Hentges; Service by Federal/State Statute
not specified on 9/24/02 via Certified Mail (Copy of return receipt attached) by serving
Summons & Complaint to Joel Jacobson (dw) (Entered: 10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed upon Kenneth Larsen; Service by Federal/State statute
not specified on 9/24/02 via Certified Mail (Copy of return receipt attached) by serving
Summons & Complaint to Joel Jacobson (dw) Modified on 10/24/2002 (Entered:
10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed upon Jerome Tabolich; Service by Federal/State statute
not specified on 9/24/02 via Certified Mail (Copy of return receipt attached) by serving
Summons & Complaint to Joel Jacobson. Consolidated w/Case #CV02-382, CV02-993,
CV02-2745, CV02-6484; CV02-6841. Companion case CV02-6512. This doc relates to
CV02-382, CV02-993 and CV02-6484 (dw) Modified on 11/12/2002 (Entered:
10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed upon Steven Erickson; Service by Federal/State Statute
not specified on 9/24/02 via Certified Mail (Copy of return receipt attached) by serving
Summons & Complaint to Joel Jacobson (dw) (Entered: 10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed by Paul Ekholm; Service by Federal/State Statute not
specified on 9/24/02 via Certified Mail (Copy of return receipt attached) by serving
Summons & Complaint to Joel Jacobson (dw) (Entered: 10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed upon Stephen P. Goodman; Service by Federal statute
on 9/25/02 via Personal service by serving Summons on consolidated amended
complaint; consolidated class action complaint to Stephen P. Goodman (dw) (Entered:
10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed upon Evan Greenspan dft; Service by Federal statute on
9/25/02 via personal service by serving Summons in a civil action; complaint; Standing
Order with Regard to Newly Assigned Cases to Evan Greenspan (dw) (Entered:
10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed upon William Filippone; Service by Federal/State
Statute not specified on 9/18/02 via Certified (copy of return receipt attached) by
serving Summons & Complaint to Carol Filippone (dw) (Entered: 10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed Leo J> Dierkman; Service by Federal/State statute not
specified on 9/18/02 via Certified mail (Copy of return receipt attached) by serving
Summons & Complaint to Name of person unknown Signature illegible (dw) (Entered:
10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed upon Allan Pollack; Service by Federal/State statute
not specified on 9/18/02 via Certified Mail (copy of return receipt attached) by serving
Summons & Complaint to Allan Pollack (dw) (Entered: 10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed upon Richard Kuhl WRS Architects ; Service by
Federal/State Statute not specified on 9/18/02 via Certified (Copy of return by serving
Summons & Complaint) to Name of Person not specified whose Signature is illegible
(dw) (Entered: 10/24/2002)
10/18/2002 12 PROOF OF SERVICE executed upon Virgilio Y Lim; Service by Personal service on
9/30/02 by serving Summons & Complaint to Virgilio Y. Lim (dw) (Entered:
10/24/2002)
10/18/2002 12 RETURN OF SUMMONS unexecuted - attempted upon dft Louis Pontarelli on
10/10/02 (dw) (Entered: 10/24/2002)
10/18/2002 13 WAIVER OF SERVICE of SUMMONS sent by plf on 10/10/01 for dfts Joel T Boehm
& Sabo & Green (dw) (Entered: 10/24/2002)
10/18/2002 14 PROOF OF SERVICE executed upon Cary Medill; Service by Federal statute on
9/30/02 via by substitute service by serving Summons in a Civil Action; Complaint;
Standing Order with regard to Newly assigned Cases; Ntc of Related Case to John Doe,
Person in charge, approx 52 yrs old 5' 10" 220 lbs blk hair brn eyes glases African
American male charge; Due Diligence Declaration attached (dw) (Entered: 10/24/2002)
10/18/2002 15 WAIVER OF SERVICE of SUMMONS sent by plf on 10/1/02 for dfts John M. Clarey,
James F. Dlugosh, Kenneth E. Dawkins (dw) (Entered: 10/24/2002)
10/18/2002 15 WAIVER OF SERVICE of SUMMONS sent by plf on 9/19/02 for dfts Joel T. Boehm,
Sabo & Green (dw) (Entered: 10/24/2002)
10/18/2002 15 WAIVER OF SERVICE of SUMMONS sent by plf on 9/30/00 for dfts Joel T. Boehm,
Atkinson, Andelson, Loya, Ruud & Romo (dw) (Entered: 10/24/2002)
10/18/2002 15 WAIVER OF SERVICE of SUMMONS sent by plf on 9/18/02 for dfts Michael
Sobelman, & Sobelman Cohen & Sullivan LLP (dw) (Entered: 10/24/2002)
10/24/2002 16 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case
filed by Heather J Klaas for dfts Hentges Larsen Tabolich Erickson & Ekholm;
Designating Jeffrey L. Sikkema as local counsel; Approved by Judge Dickran Tevrizian.
(Fee pd) (dw) Modified on 10/29/2002 (Entered: 10/28/2002)
10/24/2002 17 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case
filed by Brian E. Palmer for dfts Edward J Hentges, Kenneth R Larsen, Jerome E
Tabolich, Steven W Erickson, Jerome E Ekholm. Designating Jeffrey L Sikkema as
local counsel. Approved by Judge Dickran Tevrizian; (Fee pd) (dw) Modified on
10/29/2002 (Entered: 10/28/2002)
10/29/2002 18 APPEARANCE for Plf Phillip L Stern as Receiver by attorney Kristi Lynn Nelson (dw)
(Entered: 10/30/2002)
10/29/2002 19 APPEARANCE of Counsel for Plf Phillip L. Stern as receiver by attorney Richard P
Campbell (dw) (Entered: 10/30/2002)
10/29/2002 20 SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT; jury
demand. Summons not issued (dw) (Entered: 11/01/2002)
10/31/2002 21 MOTION of dft Bruce Talley to compel arbitration ; motion hearing set for 10:00
11/25/02 (dw) (Entered: 11/04/2002)
10/31/2002 22 DECLARATION of Steven Green in suppt re motion of Dft Bruce Talley to compel
arbitration [21-1] (dw) (Entered: 11/04/2002)
10/31/2002 23 CERTIFICATE OF SERVICE on 10/30/02 of Ntc of Motion to Compel Arbitration,
Mot to Compel Arbitration, PA in suppt of Mot, Decl of Bruce Talley, Decl of Steven M
Green (dw) (Entered: 11/04/2002)
10/31/2002 24 POINTS & AUTHORITIES IN SUPPORT of motion of Dft Bruce Talley to compel
arbitration [21-1] (dw) (Entered: 11/04/2002)
11/01/2002 26 PROOF OF SERVICE on 11/1/02 of [Proposed] Ord Setting the Briefing Sched for the
Consolidated Class Actn by plfs (dw) (Entered: 11/04/2002)
11/04/2002 28 ORDER SETTING THE BRIEFING SCHEDULE FOR THE CONSOLIDATED
CLASS ACTION by Judge Dickran Tevrizian: It is so ordered the fol briefing sched
applies to the consolidated class actn (Case Nos. CV 02-382, CV 02-993 & CV 02-
6484): Plfs' 2nd amd consolidated class actn cmp was filed 10/29/02; All Dfts to file
responsive pldgs/motions: 12/2/02; All opp briefs due: 12/23/02; All reply briefs due:
1/13/03; Hrgs on all motions: 1/27/03 (dw) (Entered: 11/08/2002)
11/04/2002 -- PLACED IN FILE - NOT USED: [Proposed] Order Setting the Briefing Schedule for
the Consolidated Class Action (dw) (Entered: 11/08/2002)
11/04/2002 -- PLACED IN FILE - NOT USED: [Proposed] Order Setting the Schedule for Settlement
Conference (dw) (Entered: 11/08/2002)
11/05/2002 27 ORDER SETTING THE SCHEDULE FOR SETTLEMENT CONFERENCE by Judge
Dickran Tevrizian: IT IS SO ORDERED the Court hereby orders a settlement
conference to be held on or before 12/16/02; The Court hereby appoints Retired Judge
Elwood Lui to act in the capacity of a settlement facilitator w/respect to the pending
MDL cases; (See doc for fur info) (dw) (Entered: 11/08/2002)
11/07/2002 29 PROOF OF SERVICE by defendants on 11/6/02 of Substitution of Atty (Debra
Kasirer); 2) Substitution of Atty (Robert Kasirer) 3) Substitution of Atty (Bistra &
Munkacs Holdings Inc); 4) Substitution of Atty (JDDJ Holings LP); 5) Substitution of
Atty (Health Care Holdings LLC) 6) Substitution of Atty (Carecontinuum LLC) (dw)
(Entered: 11/12/2002)
11/08/2002 36 OPPOSITION by Dfts Sabo & Green & Joel T Boehm to Plf's Motion to Vacate/Modify
Ruling on Motion to Dismiss 3rd Amd Complaint (dw) (Entered: 11/12/2002)
11/08/2002 41 PROOF OF SERVICE on 11/8/02 of Defendants Sabo & Green & Joel T Boehm's Opp
to Plf's Mot to Vacate/Modify Ruling on Mot to Dism 3rd Amd Cmp (dw) (Entered:
11/14/2002)
11/08/2002 42 PROOF OF SERVICE on 11/8/02 by Dfts of [Proposed] Order Denying Plf's Mot to
Vacate/Modify Ruling on Mot to Dism 3rd Amd Cmp (dw) (Entered: 11/14/2002)
11/08/2002 43 PROOF OF SERVICE by dfts on 11/8/02 of Stip & Order for Ext to File Responsive
Pldg (dw) (Entered: 11/14/2002)
11/12/2002 30 REQUEST for Judicial Notice in connection w/plf's motion to consolidate for the appt
of lead plf and lead cnsl, and for related relief (Consolidated w/CV02-382, CV2-993,
CV02-2745, CV 02-6484. This doc relates to all consolidated case Case # CV 02-989
(rl) (Entered: 11/12/2002)
11/12/2002 31 NOTICE OF MOTION AND MOTION to consolidate for the appt of lead plf and lead
cnsl and for related relief ; Memo of PA. (Consolidated w/Case CV02-382, CV02-993,
CV02-2745, CV02-6484. Companion Cases CV02-6512, CV02-6841. This doc related
to all consolidated cases CV02-989 motion hearing set for 10:00 12/2/02 (rl) (Entered:
11/12/2002)
11/12/2002 32 DECLARATION of Brian O'Neill re motion to consolidate for the appt of lead plf and
lead cnsl and for related relief [31-1]. Consolidated w/Case #CV-02-382, CV02-993,
CV02-2745, CV02-6484. Companion Cases CV02-6512, CV02-6841. This doc relates
to all consolidated case CV02-989 (rl) (Entered: 11/12/2002)
11/12/2002 33 DECLARATION of Brian D Miller re motion to consolidate for the appt of lead plf and
lead cnsl and for related relief [31-1]. Consolidated w/Case CV-02-382, CV02-993,
CV02-2744, CV02-6484. Companion Cases CV02-6512, CV02-6841. This doc related
to all consolidated cases CV02-989 (rl) (Entered: 11/12/2002)
11/12/2002 34 PROOF OF SERVICE on 11/8/02 of Ntc of Motion and Motion to consolidate et al,
Decl of Brian O'Neill et al, Decl of Brian D Miller in suppt of plfs' motion to
consolidate et al, Request for Judicial Notice et al. Consolidated w/Case #CV02-382,
CV02-993, CV02-2745, CV02-6484. Companion cases CV02-6512, CV02-6841. This
doc relates to all consolidated case CV02-989 (rl) Modified on 11/12/2002 (Entered:
11/12/2002)
11/12/2002 35 NOTICE by US Trust defendant's of desire to particiapte in sttlmnt conf (rl) (Entered:
11/12/2002)
11/12/2002 37 OPPOSITION by Plf to Dft Talley's motion to compel arbitration [21-1]; Memo of PA;
Decl of Daniel M Harkins in Suppt (dw) (Entered: 11/13/2002)
11/12/2002 38 REQUEST for Judicial Notice in Suppt of Plf's Opp to Dft Talley's motion to compel
arbitration [21-1] (dw) (Entered: 11/13/2002)
11/12/2002 39 EVIDENTIARY OBJECTIONS of plfs to Decl of Dft Talley filed in suppt of Dft's
motion to compel arbitration [21-1] (dw) (Entered: 11/13/2002)
11/12/2002 40 NOTICE OF APPEARANCE by attorney for dft Leo Dierckman: Michael H
Gottschlich of Barnes & Thornburg 11 South Meridian Street Indianapolis, IN 46204;
(317) 236-1313 (dw) (Entered: 11/13/2002)
11/12/2002 46 STIPULATION AND ORDER FOR EXT TO FILE RESPONSE TO 4TH AMENDED
COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that Dfts Joel T.
Boehm & Sabo & Green shall have up to & incl 11/21/02 to file a responsive pldg to
Plf's 4th Amd Cmp (dw) (Entered: 11/18/2002)
11/15/2002 44 NOTICE OF ASSOCIATION of Counsel for plfs, Gilbert Kivenson, Howard Preston
Rosanna Preston Ray Stits Edith Stits Ralph Allman Sigrid Allman Barret Anderson
Scott McKenry & Laurence Pilgeram by attorneys Steven J. Toll & Matthew Ide (dw)
(Entered: 11/18/2002)
11/15/2002 45 NOTICE OF APPEARANCE of Counsel by attorneys for dft Coddington Appraisal
Services Inc: Michael Taitelman & John D Guerrini (dw) (Entered: 11/18/2002)
11/15/2002 -- Text not available. (Entered: 11/18/2002)
11/15/2002 -- Text not available. (Entered: 11/18/2002)
11/15/2002 47 RETURN OF SUMMONS AND PROOF OF SERVICE executed by Danforth Health
Facilities Corporation; Service by Federal/State statute not specified on 10/8/02 via
Substituted service by serving Summons & Consolidated Amended Complaint to Cheryl
Hunter; Due Diligence Declaration attached (dw) Modified on 11/18/2002 (Entered:
11/18/2002)
11/15/2002 47 RETURN OF SUMMONS AND PROOF OF SERVICE executed on Tarrant County
Health Facilities Corporation; Service by Federal/State Statute not specified on 9/30/02
via personal service by serving Summons & Consolidated Amended Complaint to C.
Harold Brown; Due Diligence Declaration attached (dw) (Entered: 11/18/2002)
11/15/2002 47 RETURN OF SUMMONS AND PROOF OF SERVICE executed upon Geraldine K
Ostlund; Service by Federal/State Statute not specified on 10/14/02 via personal service
by serving Summons & Consolidated Amended Complaint to Geraldine K Ostlund; Due
Diligence Declaration attached (dw) (Entered: 11/18/2002)
11/15/2002 48 NOTICE by Dft Coddington Appraisal Services Inc of desire to participate in settlement
conference (dw) (Entered: 11/18/2002)
11/15/2002 62 NOTICE OF EX PARTE APPLICATION filed by dfts Evan Greenspan Cary Medill,
Herbert Saltzman for status conference , or alt for a cont of the briefing sched re
response to the 2nd amd consolidated cmp ; Memo of PA; Lodged ord (dw) (Entered:
11/25/2002)
11/15/2002 63 DECLARATION of Francis A Bottini Jr in suppt of ex parte application for status
conference or alt for a cont of the briefing sched re the response to complaints [62-1]
(dw) (Entered: 11/25/2002)
11/15/2002 64 DECLARATION of Service re Ntc of Ex Parte Appl for Status Conference [60-1] &
Decl of Frances A Bottini Jr in suppt of Ex Part Appl for Status Conference [63-1] &
[Proposed] Order granting Dft's Ex Parte Appl for a Continuance of the Briefing
Schedule (dw) (Entered: 11/25/2002)
11/18/2002 49 REPLY MEMORANDUM OF POINTS AND AUTHORITIES in suppt of dft's Taliey's
motion to compel arbitration [21-1]. This doc relates to CV01-5752. Consolidated
w/Cases CV02-0382, CV02-0993, CV02-2745, CV02-6484, CV02-6841. Companion
Cases CV02-6512 (rl) (Entered: 11/19/2002)
11/18/2002 50 MEMORANDUM of US Trust Dfts supporting & opposing motion to consolidate etc of
Herrmann Plfs; Decl of Steven W Bacon in suppt thereof (dw) (Entered: 11/20/2002)
11/18/2002 52 REPLY by plfs in suppt of Mot to Vacate or Modify Ruling on Dfts Sabo & Green &
Joel T Boehm's Mot to Dism 3rd Amd Cmp; Decl of Joshua M Wolff (With Exhibits)
(dw) (Entered: 11/20/2002)
11/18/2002 53 REQUEST filed by dft; for notice (dw) (Entered: 11/20/2002)
11/19/2002 51 NOTICE by Dft Atkinson, Adelson, Loya, Ruud & Romo of desire to participate in
settlement conference (dw) (Entered: 11/20/2002)
11/19/2002 54 DECLARATION OF SERVICE on 11/19/02 of Notice by Dft Atkinson Andelson Loya
Ruud & Romo of Desire to Participate in Settlement Conference (dw) (Entered:
11/20/2002)
11/19/2002 56 NOTICE of intent to participate in settlement conference by Plf Phillip L Stern (dw)
(Entered: 11/21/2002)
11/20/2002 55 NOTICE OF WITHDRAWAL OF MOTION TO DISMISS of Dft US Trust Company of
Texas (dw) (Entered: 11/21/2002)
11/21/2002 57 WITHDRAWAL of Notice of Intent to Participate in Settlement Conference [56-1] by Plf
Phillip L Stern (dw) (Entered: 11/25/2002)
11/21/2002 58 NOTICE by Dfts Michael Sobelman & Sobelman, Cohen & Sullivan LLP of Desire to
Participate in Settlement Conference (dw) (Entered: 11/25/2002)
11/21/2002 61 NOTICE of Intent to Appear at Settlement Conference by Dft Danforth Health Facilities
Corporation (dw) (Entered: 11/25/2002)
11/21/2002 65 NOTICE OF MOTION AND MOTION to dismiss consolidated 4th amd cmp by Dfts Joel
T Boehm & Sabo & Green & Joel T Boehm ; motion hearing set for 10:00 1/6/03; Lodged
Ord (dw) (Entered: 11/25/2002)
11/21/2002 66 MEMORANDUM OF PA IN SUPPORT of Dfts Sabo & Green & Joel T Boehm's motion
to dismiss consolidated 4th amd cmp [65-1] (dw) (Entered: 11/25/2002)
11/21/2002 67 DECLARATION of Alan D Leeth in suppt of Dfts Sabo & Green & Joel T Boehm's
motion to dismiss consolidated 4th amd cmp [65-1] (dw) (Entered: 11/26/2002)
11/21/2002 68 REQUEST for Judicial Notice by Dfts Joel T Boehm & Sabo & Green in suppt of Dfts
Sabo & Green & Joel T Boehm's motion to dismiss consolidated 4th amd cmp [65-1] (dw)
(Entered: 11/26/2002)
11/21/2002 69 NOTICE OF MOTION AND MOTION by Dft James E Iverson to dismiss in part the 5th
& 6th causes of actn from plfs' 4th amd cmp ; motion hearing set for 10:00 11/6/03;
Lodged order (dw) (Entered: 11/26/2002)
11/21/2002 70 MEMORANDUM OF PA in support of Dft James E. Iverson's Mot to Dism in part the
5th & 6th causes of actn from plfs' 4th amd cmp [69-1] (dw) (Entered: 11/26/2002)
11/21/2002 71 PROOF OF SERVICE on 11/21/02 of 1) Dfts Sabo & Green & Joel T Boehm's Ntc of
Mot & Mot to Dism Consolidated 4th Amd Cmp; 2) Memo of PA in suppt of Dfts Sabo &
Green & Joel T Bohem's Mot to Dism Consolidated 4th Amd Cmp; 3) Decl of Alan D
Leeth; 4) Request for Judicial Ntc in Suppt; 5) [Proposed] Order Granting Dfts Sabo &
Green & Joel T Bohhem's Mot to Dism Consolidated 4th Amd Cmp; (dw) (Entered:
11/26/2002)
11/21/2002 72 NOTICE OF MOTION AND MOTION by Edward J Hentges, Kenneth R Larsen, Jerome
E Tabolich, Steven W Erickson, Paul R Ekholm, to dismiss 4th amd cmp ; motion hearing
set for 10:00 1/6/03 (dw) (Entered: 11/26/2002)
11/21/2002 73 DECLARATION of Jeffrey L Sikkema by defendants Edward J Hentges, Kenneth R
Larsen, Jerome E Tabolich, Paul R Ekholm, Steven W Erickson re motion to dismiss 4th
amd cmp [72-1] (dw) (Entered: 11/26/2002)
11/21/2002 74 MEMORANDUM IN SUPPORT by Dfts Edward J Hentges, Kenneth R Larsen, Jerome E
Tabolich, Steven W Erickson & Paul Ekholm of motion to dismiss 4th amd cmp [72-1]
(dw) (Entered: 11/26/2002)
11/21/2002 86 STIPULATION TO EXTEND DEFENDANTS' TIME TO RESPOND TO THE 4TH
AMENDED COMPLAINT; ORDER by Judge Dickran Tevrizian: IT IS SO ORDERED
that the Dfts Robert Kasirer, Debra Kasirer individually & as Trustee of the Debra Kasirer
Trust, Canon Realty Corporation, Health Care Holdings LLC, Care Continuum LLC,
BHMC Corp, JDDJ Holdings LP extending time to answer to 12/6/02 (dw) (Entered:
12/04/2002)
11/22/2002 59 NOTICE of Intent to Appear at Settlement Conference by Dfts: James F Dlugosh, John M
Clarey & Kenneth E Dawkins (dw) (Entered: 11/25/2002)
11/22/2002 60 PROOF OF SERVICE on 11/21/02 of Notice of Intent to Appear at Settlement
Conference (dw) (Entered: 11/25/2002)
11/22/2002 78 ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION FOR A
CONTINUANCE OF THE BRIEFING SCHEDULE RE RESPONSE TO 2ND
AMENDED CONSOLIDATED CLASS ACTION COMPLAINT AND SETTING
SCHEDULE FOR HEARING ON MOTION TO CONSOLIDATE MOTION FOR LEAD
PLF/LEAD CNSL FILING OF 3RD AMD CONSOLIDATED CMP AND RESPONSE
TO ALL OPERATIVE COMPLAINTS by Judge Dickran Tevrizian: IT IS SO
ORDERED 1) Motion to consolidate Herrmann actn (Case No SACV 02-989 AHS(ANx)
(filed 10/28/02) & motion for lead plf/lead cnsl in consolidated class actn bondholder
actions (Case Nos 02-392, 02-993, 02-6484) the motion to consolidate & motion for appt
of lead plf/lead cnsl filed in the Herrmann actn is hereby cont to 1/13/03; Any competing
motions for lead plf/lead cnsl that are timely filed shall be heard on 1/13/03; 2) Should the
Court consolidate the Herrmann actn w/the 2nd Amd Consolidated Class Actn Cmp then
the lead cnsl selected by the Crt for the Class shall file a 3rd Amd Consolidated Cmp fully
consolidating all actions w/in 20 days of the date the Crt appoints lead plf/lead cnsl or by
2/3/03; 3) Whether or not a 3rd Amd Consolidated Cmp in the consolidated class actn
bondholder actions is filed dfts in all actions shall respond to the operative complaints
against them by 2/24/03; All opp briefs shall be filed by 3/17/03; All reply briefs shall be
filed by 3/31/03 & the hrg on all motions shall be held on 4/14/03 (Ex parte application
for status conference [62-1] [62-2]) (dw) (Entered: 11/27/2002)
11/25/2002 75 MINUTES by Judge Dickran Tevrizian: Court & Cnsl confer; Plaintiff's Motion to
vacate/modify ruling on dfts Sabo & Green & Joel T Boehm's mot to dismiss 3rd amd
cmp is denied; Defendant Bruce Tally's motion to compel arbitration [21-1] is denied; CR:
Lori Muraoka (dw) (Entered: 11/27/2002)
11/25/2002 76 ORDER 1) GRANTING PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF OPPOSITION TO DEFENDANT BRUCE TALLEY'S MOTION TO
COMPEL ARBITRATION; and 2) DENYING DEFENDANT BRUCE TAYLLEY'S
MOTION TO COMPEL ARBITRATION by Judge Dickran Tevrizian: This Court grants
Plf's Request for Judicial Notice in Support of Plaintiff's Opposition to Defendant Talley's
Motion to Compel Arbitration and denies Defendant Bruce Talley's Motion to Compel
Arbitration [21-1] (dw) (Entered: 11/27/2002)
11/25/2002 77 ORDER DENYING PLAINTIFFS' MOTION TO VACATE/MODIFY RULING ON
DEFENDANTS SABO & GREEN AND JOEL T BOEHM'S MOTION TO DISMISS
THIRD AMENDED COMPLAINT by Judge Dickran Tevrizian: This Court denies Plf's
Mot to Vacate/Modify Ruling on Dfts Sabo & Green & Joel T Boehm's Mot to Dism 3rd
Amd Cmp; Accordingly Plfs' 7th cause of actn for Joint & Several Liability under
California Corporations Code Section 25504.1 is time barred as the 1st 6 Heritage Bond
Offerings dated between 2/96 & 7/10/98 (dw) (Entered: 11/27/2002)
11/25/2002 79 NOTICE OF MOTION AND MOTION by Heritage Bondholder Group for appt as co-
lead plfs , and for approval of lead plfs' selection of lead counsel ; motion hearing set for
10:00 1/13/03; Lodged ord (dw) (Entered: 11/27/2002)
11/25/2002 80 MEMORANDUM OF PA IN SUPPORT of the motion of the Heritage Bondholder Group
for appt as co-lead plfs & for approval of lead plfs selection of lead cnsl [79-1] (dw)
(Entered: 11/27/2002)
11/25/2002 81 DECLARATION of Jill Levine Betts in suppt of the Heritage Bondholder Group's motion
for appt as co-lead plfs [79-1], motion for approval of lead plfs' selection of lead counsel
[79-2] (dw) (Entered: 11/27/2002)
11/25/2002 82 DECLARATION of Brian Barry in suppt of the Heritage Bondholder Group's motion for
appt as co-lead plfs [79-1], motion for approval of lead plfs' selection of lead counsel [79-
2] (dw) (Entered: 11/27/2002)
11/25/2002 85 ATTORNEY SUBSTITUTION: terminating Law Offices of Chapman & Cutler as atty
for dft US Trust Co of Texas NA and substituting attorney Goldberg, Kohn, Bell, Black
Rosenbloom & Mortiz LTD by Judge Dickran Tevrizian (dw) (Entered: 12/02/2002)
11/26/2002 83 DECLARATION OF SERVICE on 11/26/02 of Atty Dfts Opp to Mot to Consolidate
Herrmann Federal Action Existing Consolidated Actions; Decl of Susan L Oliver; Request
for Judical Ntc (dw) (Entered: 11/27/2002)
11/26/2002 84 DECLARATION of Susan L Oliver in suppt of the Atty Dfts' Opp to Mot to Consolidate
Herrmann Federal Actn w/existing Consolidated Actions (dw) (Entered: 11/27/2002)
11/26/2002 90 ATTORNEY DEFENDANTS' OPPOSITION to motion to consolidate Herrmann Federal
action with existing consolidated actions [31-1]. Consolidated with case #'s CV02-
382DT(RCx), CV02-993DT(RCx), CV02-2745DT(AJWx), CV02-6484DT(RCx), CV02-
6841DT; Companion Case CV02-6512DT(RCx) (MDL Transfer). This doc relates to:
CV02-382DT(RCx) Kivenson, CV02-993DT(RCx) Preston, CV02-6484DT(RCx)
Allman, CV02-989AHS(ANc) Herrmann (rl) Modified on 12/12/2002 (Entered:
12/12/2002)
11/27/2002 -- PLACED IN FILE - NOT USED: Stipulation & [Proposed] Order Setting Briefing
Schedule Re Motions to Appoint Lead Plaintiff lodged 11/15/02 (dw) (Entered:
12/02/2002)
12/02/2002 87 MINUTES STATUS CONFERENCE by Judge Dickran Tevrizian: Counsel for dft makes
appearance; Retire Justice Elwood Lui settlement facilitator makes appearance; Retired
Justice Elwood Lui advises court of possible conflict w/dft US Trust Corp; Cnsl for dft US
Trust Cop has no objs to Retired Justice Elwood Lui presiding over settlement
negotiations; Retired Justice Elwood Lui will advise all other parties in writing; CR: Lori
Muraoka (dw) (Entered: 12/06/2002)
12/04/2002 88 STIPULATION and ORDER by Judge Dickran Tevrizian: IT IS SO ORDERED that:
Based on the above matters Bank of New York & the Betker Plaintiffs agree that Bank of
New York's Answer to the 3rd Amd Cmp shall be deemed its Answer to the Consolidated
4th Amd Cmp; (See doc for fur info) (dw) (Entered: 12/09/2002)
12/06/2002 100 ANSWER OF DEFENDANT Talley to fourth amended complaint and demand for jury.
Consolidated with cases: CV02-0382 DT; CV 02-0993 DT; CV 02-2745 DT; CV 02-6484
DT; CV 02- 6841. Companion Cases: CV 02-6512 DT. This document relates to CV01-
5752 DT, Betker (rl) (Entered: 12/17/2002)
12/10/2002 89 NOTICE OF CHANGE Of Address filed by atty for dft Jerold V Goldstein: William E
Crockett & Steven R Skirvin, of Dion-Kindem & Crockett, 21271 Burbank Blvd, Ste 100,
Woodland Hills CA 91367, (818) 883-4400 (dw) (Entered: 12/11/2002)
12/12/2002 92 STIPULATION and ORDER EXTENDING TIME FOR DFT GOLDSTEIN TO
ANSWER THE 4TH AMENDED COMPLAINT by Judge Dickran Tevrizian: IT IS SO
ORDERED that the time w/in which Dft Goldstein may answer the 4th Amd CMp is ext
to 12/31/02 (dw) (Entered: 12/16/2002)
12/13/2002 91 NOTICE OF INTERESTED PARTIES filed by atty for dft Healthcare Financial Solutions
(dw) (Entered: 12/16/2002)
12/13/2002 93 NOTICE OF MOTION AND MOTION to dismiss consolidated 4th amd cmp ; motion
hearing set for 10:00 1/21/03 (dw) (Entered: 12/16/2002)
12/13/2002 94 DECLARATION of Mark P Epstein in suppt of Dft Healthcare Financial Solutions
Motion to Dismiss Consolidated 4th Amended Complaint (dw) (Entered: 12/16/2002)
12/13/2002 95 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT of Dft Healthcare
Financial Solutions' motion to dismiss consolidated 4th amd cmp [93-1] (dw) (Entered:
12/16/2002)
12/13/2002 96 REQUEST for Judicial Notice in suppt of Dft Healthcare Financial Solutions' motion to
dismiss consolidated 4th amd cmp [93-1] (dw) (Entered: 12/16/2002)
12/13/2002 97 PROOF OF SERVICE on 12/13/02 of 1) Dft Healthcare Financial Solutions' Ntc of Mot
& Mot to Dismiss Consolidated 4th Amd Cmp; (See doc for fur info) (dw) (Entered:
12/16/2002)
12/16/2002 98 NOTICE OF MOTION AND MOTION to dismiss plaintiff's 4th amended complaint on
the grounds that 7th & 8th causes of action contain claims that are time barred , and to
dismiss for personal jurisdiction ; Memorandum of Points & Authorities; Affidavit of
Mark Roth; motion hearing set for 10:00 1/13/03; Lodged Order (dw) Modified on
04/17/2003 (Entered: 12/17/2002)
12/16/2002 99 PROOF OF SERVICE on 12/16/02 of 1) Defendant Capital Valuation Group Inc's Ntc of
Mot & Mot to Dism Plf's 4th Amd Cmp; Memo of PA; Decl of Mark Roth; & 2)
[Proposed] Order on Capital Valuation Group's Mot to Dism Plf's 4th Amd Cmp (dw)
(Entered: 12/17/2002)
12/17/2002 101 NOTICE OF CHANGE Of Address filed by Attys for Dft Coddington Appraisal Services
Inc effective 12/27/02: Freedman & Taitelman LLP 1901 Avenue of the Stars Suite 500
LA CA 90067-6001; Phone (310) 201-0005; Fax: (310) 201-0045 (dw) (Entered:
12/18/2002)
12/17/2002 102 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case
filed by Lindsay G Arthur Atty for dfts Jim Dlugosch, John Clarey, Ken Dawkins.
Designating Kevin W Alexander as local counsel. Approved by Judge Dickran Tevrizian.
(Fee pd) (dw) Modified on 12/19/2002 (Entered: 12/19/2002)
12/17/2002 103 STIPULATION RE DATE FOR RESPONSE OF DFTS JOHN M CLAREY AND
JAMES F DLUGOSH TO PLFS' CONSOLIDATED 4TH AMD COMPLAINT; ORDER
by Judge Dickran Tevrizian: IT IS SO ORDERED that Dfts John M Clarey & James F
Dlugosh have to & including 12/31/02 to file their responses to plfs' consolidated 4th amd
cmp (dw) (Entered: 12/19/2002)
12/17/2002 104 STIPULATION by Judge Dickran Tevrizian IT IS SO ORDERED that dft Coddington
have to & incl 1/8/03 to file its response to plf's consolidated 4th amended complaint .
This document relates to CV01-5752 DT. Companion case is CV02-6512. Consolidated
with case numbers: CV02-382 DT, CV02-993 DT, CV02-6484 DT, CV02-6841 DT and
CV02-2745 DT (rl) (Entered: 12/20/2002)
12/19/2002 105 DEFENDANT CAPITAL VALUATION GROUP, INC'S AMENDED NOTICE OF
MOTION to dismiss plf's 4th amended complaint ; motion hearing set for 10:00 1/21/03.
This document relates to: CV01-5752 DT (RCx) Betker Partners, et al v US Trust Co, et
al. Companion Case: CV02-6512 (AJWx). Consolidated Case Numbers: CV02-382
DT(RCx), CV02-993 DT (RCx), CV02-2745 DT (AJWx), CV02-6484 DT (RCx), CV02-
6841 DT (RCx) (rl) Modified on 12/23/2002 (Entered: 12/23/2002)
12/19/2002 -- PLACED IN FILE - NOT USED: [PROPOSED] Order Denying Plfs' Mot to
Vacate/Modify Ruling on Mot to Dismiss 3rd Amended Complaint (dw) (Entered:
12/26/2002)
12/19/2002 106 EX PARTE APPLICATION filed by Dfts US Trust Corp & US Trust Co of Texas NA re
Electronic Service for order authorizing the use of electronic service of docs ; Lodged
order (dw) (Entered: 12/26/2002)
12/19/2002 107 DECLARATION of Arnold D Woo re ex parte application of Dfts US Trust Corp & US
Trust Co of Texas for Order Re Electronic Service [106-1] (dw) (Entered: 12/26/2002)
12/19/2002 108 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT of ex parte
application of Dfts US Trust Corp & US Trust Co of Texas re Electronic Service [106-1]
(dw) (Entered: 12/26/2002)
12/19/2002 117 NOTICE OF APPEARANCE FOR DFT CITY OF DESERT HOT SPRINGS PUBLIC
FINANCING AUTHORITY by attorney Kevin Patrick McVerry (dw) (Entered:
01/02/2003)
12/23/2002 110 OPPOSITION to Dfts Sabo & Green & Joel T Boehm's motion to dismiss consolidated
4th amd cmp [65-1] (dw) (Entered: 12/30/2002)
12/23/2002 111 OPPOSITION to Dfts Hentges Larsen Tabolich Erickson & Ekholm's motion to dismiss
4th amd cmp [72-1] (dw) (Entered: 12/30/2002)
12/23/2002 112 OPPOSITION by Plfs' Russel & Virgina Betker, Betker Partners One LP; Betker Parters 3
LP & Lori & Michael O'Shea to Dft James E Iverson's motion to dismiss in part the 5th &
6th causes of actn from plfs' 4th amd cmp [69-1] (dw) (Entered: 12/30/2002)
12/23/2002 113 REQUEST for Judicial Notice in Suppt of Plfs' Opp to Dft James E Iverson's Mot to Dism
in Part the 5th & 6th Causes of Action from Plfs' 4th Amd Cmp (dw) (Entered:
12/30/2002)
12/27/2002 109 ORDER RE ELECTRONIC SERVICE by Judge Dickran Tevrizian: It is hereby ordered
that A) Whenever service is required by the FRCP & the local rules for the US District
Court for the Central District in lieu of the methods set forth in FRCP Rule 5(b) & Local
Rule 5-3 any party may deliver a copy of the doc by the fol procedure: 1) By 6:30pm on
the same day that any doc is filed with the Court or is otherwise required to be served
upon the parties a copy shall be sent to Verilaw Technologies Inc located at 400 East
Lancaster Ave Suite 300 Wayne PA 19087, www.verilaw.com by a) electronic transfer; b)
facsimile transmission; c) personal delivery; d) overnight delivery; C) This order
authorizing electronic service applies to all actions currently included in MDL 1475 and
shall in the future automatically be applicable to all actions hereinafter added to MDL
1475 whether by order of the Judicial Panel on Multidistrict Litigation order of this Court
or stipulation of the parties; (Ex Parte Appl [106-1]) (See doc for fur info) (dw) (Entered:
12/30/2002)
12/27/2002 114 DECLARATION of Brian Barry in suppt of the Heritage Bondholder Group's opposition
to the Herrmann motion for appointment as lead plaintiff [79-2]. Consolidated with case
Numbers CV01-5752, CV02-382, CV02-993, CV02-6484, CV02-6841, CV02-2745.
Companion Case CV02-6512. This document relates to CV02-382, CV02-993, CV02-
6484 (rl) Modified on 01/02/2003 (Entered: 01/02/2003)
12/27/2002 115 THE HERITAGE BONDHOLDER GROUP'S MEMORANDUM OF POINTS AND
AUTHORITIES IN Opposition to the Herrmann Motion for Appointment as Lead
Plaintiff [79-1]. Consolidated with case numbers CV01-5752, CV02-382, CV02-993,
CV02-6484, CV02-6841, CV02-2745. Companion Case CV02-6512. This document
relates to CV02-382, CV02-993, CV02-6484 (rl) (Entered: 01/02/2003)
12/27/2002 116 PROOF OF SERVICE on 12/27/02 of decl of Brian Barry and memo of PA. Consolidated
with Case numbers CV01-5752, CV02-382, CV02-993, CV02-6484,CV02-6841, CV02-
2745. Companion Case CV02-6512. This document relates to CV02-382, CV02-993,
CV02-6484 (rl) Modified on 01/02/2003 (Entered: 01/02/2003)
12/27/2002 118 OPPOSITION of Plf Lewis G Herrmann to motion of Heritage Bondholder Group for
Appt as Co-Lead Plfs & for Approval of of lead plfs' selection of lead counsel [79-2] (dw)
(Entered: 01/02/2003)
12/27/2002 119 DECLARATION of Brian D Miller re Opp of Plf Lewis G Hermann to motion of
Heritage Bondholder Group for appt as co-lead plfs' & for approval of lead plfs' selection
of lead counsel [79-2]; Exhibits (dw) Modified on 01/02/2003 (Entered: 01/02/2003)
12/30/2002 120 REPLY BRIEF by Dft James E Iverson in suppt of motion to dismiss in part the 5th & 6th
causes of actn from plfs' 4th amd cmp [69-1] (dw) (Entered: 01/02/2003)
12/30/2002 121 REPLY BRIEF by Dfts Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven
W Erickson, Jerome E Ekholm in suppt of motion to dismiss 4th amd cmp [72-1] (dw)
(Entered: 01/02/2003)
12/30/2002 122 SUPPLEMENTAL OPPOSITION of US Trust Dfts to motion for Appt of Trustee
Herrman as Lead Plf [79-2] (dw) (Entered: 01/02/2003)
12/30/2002 123 RESPONSE by US Trust Dfts' to motion of Bondholder Group for appt as co-lead plfs' etc
[79-2] (dw) (Entered: 01/02/2003)
12/30/2002 123 OPPOSITION by US Trust Dfts to motion of Bondholder Group for appt as co-lead plfs
etc [79-2] (dw) (Entered: 01/02/2003)
12/30/2002 124 DECLARATION of Patrick E Michaela in suppt of US Trust dfts Resp & opp to Mot of
Bondholder Group for Appt as Co-Lead Plfs etc [79-2] (dw) (Entered: 01/02/2003)
12/30/2002 126 REPLY by Dfts Joel T Boehm & Sabo & Green to Opp to Dft's Sabo & Green & Joel T
Boehm's motion to dismiss consolidated 4th amd cmp [65-1] (dw) (Entered: 01/03/2003)
12/31/2002 125 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 11/25/02 (Re:)
CR: Cynthia Mizell. (see CV-01-5752-DT,CV -02-382-DT,CV-02-993-DT,CV-02-2745-
DT,CV-02- 6484-DT,CV-02-6841-DT) (ghap) (Entered: 01/03/2003)
12/31/2002 -- TRANSCRIPT filed for proceedings held on 11/25/02. (ghap) (Entered: 01/03/2003)
12/31/2002 128 NOTICE OF MOTION AND MOTION by Dfts John M Clarey & James F Dlugosch to
dismiss Plfs' Consolidated 4th Amd Cmp ; motion hearing set for 10:00 1/27/03 (dw)
(Entered: 01/06/2003)
12/31/2002 129 REQUEST for Judicial Notice in suppt of motion of Dfts John M Clarey & James F
Dlugosch to dismiss Plfs' Consolidated 4th Amd Cmp [128-1] (dw) (Entered: 01/06/2003)
12/31/2002 130 MEMORANDUM of Points & Authorities in support of motion of Dfts John M Clarey &
James F Dlugosch to dismiss Plfs' Consolidated 4th Amd Cmp [128-1] (dw) (Entered:
01/06/2003)
12/31/2002 133 PROOF OF SERVICE on 12/30/02 of Notice of Motion & Motion of Dfts John M Clarey
& James F Dlugosch to Dismiss Plfs' Consolidated 4th Amd Cmp; Memo of Points &
Authorities in suppt of Mot of Dfts John M Clarey & James F Dlugosch to Dism
Consolidated 4th Amd Cmp; 3) Request for Judicial Ntc in Suppt of Mot of Dfts John M
Clarey & James F Dlugosch to Dism Consolidated 4th Amd Cmp (dw) (Entered:
01/06/2003)
01/02/2003 127 ANSWER filed by Dft Jerold Goldstein to Fourth Amd Complaint; jury demand (dw)
(Entered: 01/03/2003)
01/02/2003 131 NOTICE OF ERRATA correcting request judicial notice in suppt of Plfs' Opp to Dft
James E Iverson's Mot to Dism in Part the 5th & 6th Causes of Action from Plfs' 4th Amd
Cmp [113-1] (dw) (Entered: 01/06/2003)
01/02/2003 132 PROOF OF SERVICE by defendants on 12/30/02 of Reply Brief in suppt of Mot to Dism
of Dfts Edward J Hentges Kenneth R Larsen Jerome E Tabolich Steven W Erickson &
Paul R Ekholm (dw) (Entered: 01/06/2003)
01/03/2003 142 NOTICE OF APPEARANCE of Counsel on behalf of Dft Richard Kuhl (dw) (Entered:
01/07/2003)
01/06/2003 134 REPLY MEMORANDUM OF POINTS AND AUTHORITIES by Heritage Bondholder
Group for Appt of Lead Plf [79-1] (dw) (Entered: 01/07/2003)
01/06/2003 135 PROOF OF SERVICE by plf Heritage Bondholder Group on 1/6/03 of A) The Heritage
Bondholder Group's Reply Memo of PA for Appt as Lead Plf; B) Decl of David Sinow in
Suppt of The Heritage Bondholder Group's Mot for Appt as Lead Plf & for Approval of
Lead Plfs Selection of Lead Cnsl; C) Proof of Service (dw) (Entered: 01/07/2003)
01/06/2003 137 REPLY by Plf Lewis G Herrmann to 1) Atty Dfts' Opp to Mot to Consolidate Herrmann
Federal Action w/Existing Consolidated Actions; & 2) Dft Jerold Goldstein's Conditional
Consent to Consolidation of Hermann Federal Action w/Existing Consolidated Actions &
2) Dft Goldstein's Conditional Consent to Consolidation of Herrmann Federal Action
w/Existing Consolidated Actions (dw) Modified on 01/07/2003 (Entered: 01/07/2003)
01/06/2003 138 DECLARATION of Brian D Miller by Plfs Lewis G Herrmann & Archie Rotblatt to the
Oppositions of Dfts 1) Joel T Boehm Sabo & Green & Atkinson Loya Ruud & Romo & 2)
Jerold Goldstein to the mot to consolidate the action & to Reply to the Opp of the so
called Heritage Bondholder Group to the Herrmann Mot for Appt as Lead Plf (dw)
(Entered: 01/07/2003)
01/06/2003 139 REPLY BRIEF in suppt of Plf Lewis G Herrmann's Mot to Consolidate for the Appt of
Lead Plf & Lead Cnsl [31-1] (dw) (Entered: 01/07/2003)
01/06/2003 140 DECLARATION of Jeffrey S Kob by Plfs Lewis Herrmann re motion for appt as co-lead
plfs [79-1] (dw) (Entered: 01/07/2003)
01/06/2003 141 DECLARATION of W Richard Sintek by Plfs Lewis G Hermann in suppt of Opp to the
Hermann motion for appt as co-lead plfs [79-1] (dw) (Entered: 01/07/2003)
01/06/2003 147 MINUTES by Judge Dickran Tevrizian: HEARING: 1) Dft Iverson's Mot to Dism in Part
the 5th & 6h Causes of Action from Plf's 4th Amd Cmp; 2) Dfts Sabo & Green & Joel T
Boehm's Mot to Dism Consolidated 4th Amd Cmp; 3) Dfts Hentges Larsen Tabolich
Erickson & Ekholm's Mot to Dism; Matter called & appearances made; After argument
Court adopts tentative rulings & signs orders; Motion 1 [69-1] is granted in part; Motion 2
[65-1] is granted; Motion 3 [72-1] is granted in part & denied in part; CR: Lori Muraoka
(dw) (Entered: 01/13/2003)
01/06/2003 148 ORDER 1) GRANTING REQUEST FOR JUDICIAL NTC IN SUPPT OF DFTS SABO
& GREEN & JOEL T BOEHM'S MOT TO DISM; AND 2) GRANTING DFTS SABO &
GREEN AND JOEL T BOEHM'S MOT TO DISMISS PLFS' CONSOLIDATED 4TH
AMD CMP PURS TO FRCP (12)(b)(6) by Judge Dickran Tevrizian: This court grants
Atty Dft's request judicial notice in suppt of Mot to Dism Plfs' Consolidated 4th Amd
Cmp [68-1], & grants Atty Dft's Mot to Dismiss Plf's Consolidated 4th Amd Cmp [138-1]
as set forth herein (dw) (Entered: 01/15/2003)
01/06/2003 149 ORDER 1) GRANTING PLFS' REQUEST FOR JUDICIAL NOTICE IN SUPPT OF
OPP TO MOT TO DISM AND 2) GRANTING IN PART WITH PREJUDICE DFT
JAMES E IVERSON'S MOT TO DISM THE 5th & 6th CAUSES OF ACTION FROM
PLFS' 4TH AMD CMP by Judge Dickran Tevrizian: This Court grants Plfs' request for
judicial notice [113-1], & grants in part w/prej & w/o leave to amend Dft James E
Iverson's motion to dismiss the 5th & 6th causes of actn from plfs' 4th amd cmp [69-1]
(dw) (Entered: 01/15/2003)
01/06/2003 150 ORDER GRANTING IN PART AND DENYING IN PART DFTS EDWARD J
HENTGES KENNETH R LARSEN JEROME E TABOLICH STEVEN W ERICKSON
AND PAUL R EKHOLM'S MOT TO DISM CONSOLIDATED 4TH AMD CMP by
Judge Dickran Tevrizian: This Court grants in part & denies in part Dfts Edward J
Hentges Kenneth R Larsen Jerome E Tabolich Steven W Erickson & Paul R Ekholm's
Mot to Dism Plf's 4th Amd Cmp [72-1] as follows: 1) Moving Dft's Mot to Dism Plfs' 2nd
Cause of Actn for Control Person Liabiliity under Section 20 of the Securities Exchange
Act is granted w/prej & w/o leave to amend; 2) Moving Dfts' Mot to Dism Plfs' 5th Cause
of Actn for Control Person Liability under CA Corporations Code Sectin 22504 is granted
in part w/prej & w/o leave to amend as to Plfs' claims relating to the 12/22/97 & 7/10/98
Official Stmts; & 3) Moving Dfts' Mot to Dism Plfs' 8th Cause of Actn for Negligent
Misrepresentation is denied (dw) (Entered: 01/15/2003)
01/07/2003 143 OPPOSITION by Plfs to Dft Capital Valuation Group's motion to dismiss consolidated
4th amd cmp [93-1] (dw) (Entered: 01/08/2003)
01/07/2003 144 OPPOSITION by Plfs' Russel & Virginia Betker as Trustees of the Betker Family Trust;
Betker Partners One, LP; Betkers, Betker Partners Three LP; & Lori & Michael O' Shea to
motion to dismiss consolidated 4th amd cmp [93-1] (dw) (Entered: 01/08/2003)
01/07/2003 145 REQUEST for Judicial Notice by Plfs in suppt of Plf's Opp to Dft Healthcare Financial
Solutions's motion to dismiss consolidated 4th amd cmp [93-1] (dw) (Entered:
01/08/2003)
01/08/2003 146 DECLARATION of Lewis G Herrmann by Plf Lewis G Herrman, Heritage Bondholder
(dw) (Entered: 01/09/2003)
01/13/2003 151 OBJECTION by Plfs to Request for Judicial Ntc of Dfts Clarey & Dlugosch motion to
dismiss Plfs' Consolidated 4th Amd Cmp [128-1] (dw) Modified on 01/15/2003 (Entered:
01/15/2003)
01/13/2003 152 OPPOSITION by Plfs to Dfts Clarey & Dlugosch's motion to dismiss Plfs' Consolidated
4th Amd Cmp [128-1] (dw) (Entered: 01/15/2003)
01/13/2003 153 ORDER 1) GRANTING REQUEST FOR JUDICIAL NOTICE IN CONNECTION
WITH HERRMANN PLFS' MOT TO CONSOLIDATE FOR THE APPT OF LEAD PLF
AND LEAD CNSL AND FOR RELATED RELIEF; 2) GRANTING HERITAGE
BONDHOLDER GROUP'S MOT FOR APPT AS CO-LEAD PLFS AND FOR
APPROVAL OF LEAD PLFS SELECTION OF LEAD CNSL; AND 3) DENYING
HERRMANN PLFS' MOT FOR APPT OF LEAD PLF AND LEAD CNSL & FOR
RELATED RELIEF by Judge Dickran Tevrizian: Based on the foregoing this Court 1)
grants Herrmann Plfs' Request for Judicial Notice in Connection w/Plfs' Mot to
Consolidate for the Appt of Lead Plf & Lead Cnsl & for Related Relief; 2) grants the
Heritage Bondholder Group's Mot for Appt as Lead Plfs & for Approval of the Law
Offices of Brian Barry & Glancy & Binkow LLP as Lead Plfs' Selection of Lead Cnsl [79-
2] 3) denies Lewis G Herrmann's Mot for the Appt of Lead Plf & Lead Cnsl & for Related
Relief; Furthermore purs to its 11/22/02 Ord this Court directs Lead Cnsl to file a 3rd amd
Consolidated Class Actn Cmp reflecting the consolidation of Herrmann V US Trust Co of
Texas NA et al CV 02-9221 by 2/3/03 (dw) (Entered: 01/15/2003)
01/13/2003 154 MINUTES by Judge Dickran Tevrizian: 1) Motion of the Heritage Bondholder Group for
Appt as Co-Lead Plfs & for Approval of Lead Plfs' Selection of Lead Cnsl; 2) Mot to
Consolidate; & 3) for the Appt of Lead Plf & Lead Cnsl & for Related Relief: Mot of the
Heritage Bondholder Group for Appt as Co-Lead Plfs & for Approval of Lead Plfs'
Selection of Lead Cnsl [79-1] is granted; Mot to Consolidate is granted; Mot for the Appt
of Lead Plf & Lead Cnsl & for Related Relief is denied; CR: Lori Muraoka (dw) (Entered:
01/15/2003)
01/13/2003 155 ORDER GRANTING THE HERITAGE BONDHOLDER GROUP'S MOTION FOR
APPT AS CO-LEAD PLFS AND FOR APPROVAL OF CO-LEAD PLFS' SELECTION
OF LEAD CNSL by Judge Dickran Tevrizian: IT IS HEREBY ORDERED: 1) The Court
hereby appoints the members of the Heritage Bondholder Group as Co-Lead Plfs in the
Consolidated Action & 2) The Law Office of Brian Barry & Glancy & Binkow LLP shall
serve as Co-Lead Cnsl in the Consolidated Actions (Motion 79-2) (dw) (Entered:
01/16/2003)
01/13/2003 159 STIPULATION RE DATE FOR RESPONSE OF DFT CODDINGTON APPRAISAL
SERVICES INC TO PLFS' CONSOLIDATED 4TH AMD CMP; ORDER by Judge
Dickran Tevrizian: IT IS SO ORDERED that Coddington have to & incl 1/22/03 to file its
resp to plf's consolidated 4th amd cmp (dw) (Entered: 01/16/2003)
01/14/2003 156 SUPPLEMENTAL DECL OF MARK P EPSTEIN IN SUPPT OF DFT HEALTHCARE
FINANCIAL SOLUITONS' motion to dismiss consolidated 4th amd cmp [93-1] (dw)
(Entered: 01/16/2003)
01/14/2003 157 REPLY MEMORANDUM IN SUPPT OF DFT HEALTHCARE FINANCIAL
SOLUTIONS MOT TO DISM CONSOLIDATED 4TH AMD CMP to motion to dismiss
consolidated 4th amd cmp [93-1] (dw) (Entered: 01/16/2003)
01/14/2003 158 REPLY MEMORANDUM IN SUPPT OF DFT HEALTHCARE FINANCIAL
SOLUTIONS MOT TO DISM CONSOLIDATED 4TH AMD CMP [93-1] (dw) (Entered:
01/16/2003)
01/21/2003 160 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 01/06/03. CR: L.
Muraoka. (cbr) (Entered: 01/22/2003)
01/21/2003 -- TRANSCRIPT filed for proceedings held on 01/06/03. (cbr) (Entered: 01/22/2003)
01/21/2003 161 ORDER 1) GRANTING DFT HEALTHCARE FINANCIAL SOLUTIONS' REQUEST
FOR JUDICIAL NOTICE IN SUPPT OF MOT TO DISM CONSOLIDATED 4TH AMD
COMPLAINT; & 2) GRANTING IN PART AND DENYING IN PART DFT
HEALTHCARE FINANCIAL SOLUTIONS' MOT TO DISM CONSOLIDATED 4TH
AMENDED COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED This Court
grants Dfts HFS' Request for Judicial Ntc [93-1] & grants in part & denies in part Dft
HFS' Mot to Dism Plfs' Consolidated 4th Amended Complaint [96-1] as follows: 1) HFS'
Mot to Dism Plfs' 7th Cause of Action for Jt & Several Liability Under CA Corp Code
Section 25504.2 is granted w/prej & w/o leave to amend; & 2) HFS' Mot to Dism Plfs' 8th
Cause of Action for Negligent Mispresentation is denied (dw) (Entered: 01/23/2003)
01/21/2003 162 ORDER GRANTING IN PART AND DENYING IN PART DFT CAPITAL
VALUATION GROUP INC'S MOT TO DISM PLFS' 4TH AMD COMPLAINT by Judge
Dickran Tevrizian: IT IS SO ORDERED this Court grants in part & denies in part Dft
Capital Valuation Group Inc's Mot to Dism Plf's 4th Amd Cmp as follows: 1) Capital
Valuation's Mot to Dism Plfs' 4th Amd Cmp for Lack of Personal Jurisidiction [98-2] is
denied; 2) Capital Valuations's Mot to Dism the 7th Cause of Action for Jt & Several
Liability under CA Corporations Code Section 25504.2 [98-1] is granted w/prej & w/o
leave to amend; & 3) Capital Valuation's Mot to Dism the 8th Cause of Action for
Negligent Mispresentation [98-1] is denied (dw) (Entered: 01/23/2003)
01/21/2003 163 MINUTES by Judge Dickran Tevrizian 1) DFT HEALTHCARE FINANCIAL
SOLUTIONS MOT TO DISMISS CONSOLIDATED 4TH AMD CMP; 2) REQUEST
FOR JUDICIAL NOTICE; AND 3) DFT CAPITAL VALUATION GROUP'S MOT TO
DISM PLFS' 4th AMD COMPLAINT: The Court orders the mot: Submitted as to motions
#1 & 2 [93-1] [96-1]; Granted in part & denied in part as to mot #3 [98-1]; [98-2]; Cnsl
submit on the tentative ruling as to mot #3; CR: Lori Muraoka (dw) (Entered: 01/23/2003)
01/21/2003 -- PLACED IN FILE - NOT USED: [PROPOSED] ORDER ON MOTION TO DISMISS
lodged on 11/21/02 (dw) (Entered: 01/23/2003)
01/21/2003 -- PLACED IN FILE - NOT USED: [PROPOSED] ORDER GRANTING DFT
HEALTHCARE FINANCIAL SOLUTIONS MOTION TO DISMISS CONSOLIDATED
4TH AMD COMPLAINT PURS TO FRCP 12(b)(6) lodged on 12/13/02 (dw) (Entered:
01/23/2003)
01/23/2003 165 LETTER filed by dft Louis Pontarelli (dw) (Entered: 01/28/2003)
01/24/2003 164 NOTICE OF CLERICAL ERROR: Reply Memo in Suppt of Dft Healthcare Financial
Solutions' Mot to Dism Consolidated 4th Amd Complaint, document no. 158 was entered
due to clerical error. This document has been entered 1/24/03 on correct case CV01 5752
DT as document no. 387 (dw) (Entered: 01/24/2003)
01/27/2003 166 ORDER 1) GRANTING IN PART AND DENYING IN PART DFTS JOHN M CLAREY
AND JAMES F DLUGOSCH'S REQUEST FOR JUDICIAL NTC IN SUPPT OF MOT
TO DISM; 2) GRANTING DFTS JOHN M CLAREY AND JAMES F DLUGOSCH'S
REQUEST FOR JUDICAL NOTICE IN SUPPT OF REPLY TO OPP TO MOT TO
DISM; and 3) GRANTING IN PART AND DENYING IN PART DFTS JOHN M
CLAREY AND JAMES F DLUGOSCH'S MOT TO DISM CONSOLIDATED 4TH
AMD COMPLAINT by Judge Dickran Tevrizian: This Court grants in part denies in part
Dfts John M Clarey & James F Dlugosch's Request for Judicial Ntc in Suppt of their Mot
to Dism Plfs Consolidated 4th Amd Cmp [129-1]; grants Dfts John M Clarey and James F
Dlugosch's Request for Judicial Ntc in Suppt of their Reply to Opp to Mot to Dism
Consolidated 4th Amd Cmp; and grants in part & denies in part Dfts John M Clarey and
James F Dlugosch's Mot to Dism Plfs' Consolidated 4th Amd Cmp [128-1] as follows: 1)
Clarey and Dlugosch's Mot to Dism Plfs' 2nd Cause of Action for Control Person Liability
under Section 20 of the Securities Exchange Act is granted w/prej & w/o leave to amd; 2)
Clarey & Dlugosch's Mot to Dism Plfs' 5th Cause of Actn for Control Person Liability
under CA Corps Code Section 25504 is granted in part w/prej & w/o leave to amd as to
Plfs' claims relating to the 12/22/97 & 7/10/98 Official Stmts; and 3) Clarey & Dlugosch's
Mot to Dism Plfs' 8th Cause of Actn for Negligent Misrepresentation is denied (dw)
(Entered: 01/29/2003)
01/27/2003 167 MINUTES by Judge Dickran Tevrizian: GRANT in part DENY in part motion to dismiss
Plfs' Consolidated 4th Amd Cmp [128-1]; Plf shall file their 5th amd consolidated
complaint NLT 2/10/03; Responses are due 30 days thereafter; CR: Lori Muraoka (dw)
(Entered: 01/29/2003)
01/29/2003 169 NOTICE OF APPEARANCE of Counsel by attorney Francis A Bottini Jr (dw) (Entered:
01/31/2003)
01/29/2003 170 LETTER by defendant Louis A Pontarelli requesting correspondence (dw) (Entered:
02/05/2003)
01/30/2003 168 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 1/13/03 (Re: ) CR:
Lori Muraoka (consolidated with CV 01-5752, CV 02-382, CV 02-993, CV 02-2745, CV
02-6484, CV 02-6841, CV 02-6512) (weap) (Entered: 01/30/2003)
01/30/2003 -- TRANSCRIPT filed for proceedings held on 1/13/03 (weap) (Entered: 01/30/2003)
02/03/2003 172 THIRD AMENDED COMPLAINT [20-1]; jury demand. Summons not issued (dw)
(Entered: 02/06/2003)
02/04/2003 171 MINUTES (IN CHAMBERS) by Judge Dickran Tevrizian: The Court having read and
considered defendant Louis A Pontarelli's letter filed 1/29/03 [170-1] hereby grants
defendant's request that correspondence served upon him shall be sent via US mail or
other means not requiring a service fee and correspondence that defendant serves upon
counsel/parties shall be sent in the same manner; CR: None Present (dw) (Entered:
02/05/2003)
02/05/2003 173 NOTICE OF ERRATA by plaintiffs correcting 3rd amended complaint [172-1] (dw)
(Entered: 02/06/2003)
02/06/2003 174 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 1/21/03 (Re:) CR:
Lori Muraoka (consolidated with CV 02-6512, CV 01-5752, CV 02-382, CV 02-993, CV
02-2745, CV 02-6484, CV 02-6841, CV 02-9221) (weap) (Entered: 02/07/2003)
02/06/2003 -- TRANSCRIPT filed for proceedings held on 1/21/03 (weap) (Entered: 02/07/2003)
02/06/2003 175 NOTICE OF CHANGE Of Address filed by Attorney for Class Aciton Plaintiffs: Cohen
Milstein Hausfeld & Toll PLLC: 701 5th Ave Suite 6860 Seattle WA 98104-7097
Telephone (206) 521-0080; Facsimile (206) 521-0166 (dw) (Entered: 02/07/2003)
02/10/2003 176 CONSOLIDATED FIFTH AMENDED COMPLAINT by plaintiffs; Summons issued
(dw) (Entered: 02/11/2003)
02/14/2003 177 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 1/27/03 (Re: ) CR:
Lori Muraoka (pjap) (Entered: 02/19/2003)
02/14/2003 -- TRANSCRIPT filed for proceedings held on 1/27/03 (pjap) (Entered: 02/19/2003)
02/14/2003 178 STIPULATION RE EXTENSION OF TIME FOR RESPONSE OF DEFENDANT
CODDINGTON APPRAISAL SERVICES INC TO PLAINTIFF'S CONSOLIDATED
THIRD AMENDED COMPLAINT; ORDER by Judge Dickran Tevrizian: IT IS SO
ORDERED that Coddington have to and including 3/26/03 to file its response to Plaintiff's
Consolidated Third Amended Complaint (dw) (Entered: 02/24/2003)
02/20/2003 179 STIPULATION AND ORDER RE EXTENSION OF TIME FOR CERTAIN
DEFENDANTS TO RESPOND TO THE THIRD AMENDED CONSOLIDATED
CLASS ACTION COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that
Defendants (James E Iverson, Jerome A Tabolich, Edward J Hentges, Kenneth R Larsen,
Steven W Erickson and Paul R Ekholm) shall have to and including 3/17/03 within which
to respond to the 3rd Amended Consolidated Class Action Complaint; Thereafter the
Class Action Plaintiffs will have until 4/14/03 to file an opposition to any motion filed by
these Defendants (dw) Modified on 02/25/2003 (Entered: 02/24/2003)
02/20/2003 180 STIPULATION AND ORDER RE EXTENSION OF TIME FOR CERTAIN
DEFENDANTS TO RESPOND TO THE THIRD AMENDED CONSOLIDATED
CLASS ACTION COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that
Defendants (Geraldine Ostlund, Richard Kuhl, Alan Pollak, Louis Pontarelli, William
Filippone, Onofrio Bertolini and Berman & Bertolini Inc) shall have to and including
3/24/03 to respond to the Third Amended Consolidated Class Action Complaint;
Thereafter the Class Action Plaintiffs will have until 4/21/03 to file an opposition to any
motion filed by these Defendants (dw) (Entered: 02/25/2003)
02/20/2003 181 STIPULATION AND ORDER RE EXTENSION OF TIME FOR DEFENDANT WRS
ARCHITECTS INC TO RESPOND TO THE THIRD AMENDED CONSOLIDATED
CLASS ACTION COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that
Defendant WRS Architects Inc shall respond to the 3rd Amended Consolidated Class
Action Complaint on or before 3/24/03; Thereafter the Class Action Plaintiffs will have
until 4/14/03 to file an opposition to any motions filed by Defendant (dw) (Entered:
02/25/2003)
02/20/2003 182 STIPULATION AND ORDER RE EXTENSION OF TIME FOR DEFENDANT
HEALTHCARE FINANCIAL SOLUTIONS GROUP INC TO RESPOND TO THE
THIRD AMENDED CONSOLIDATED CLASS ACTION COMPLAINT by Judge
Dickran Tevrizian: IT IS SO ORDERED that Defendant Healthcare Financial Solutions
Group Inc shall respond to the 3rd Amended Consolidated Class Action Complaint on or
before 3/24/03; Thereafter the Class Action Plaintiffs will have until 4/14/03 to file an
opposition to any motion filed by Defendant (dw) (Entered: 02/25/2003)
02/21/2003 183 NOTICE OF MOTION AND MOTION TO DISMISS DEFENDANT CITY OF
CHICAGO by defendant City of Chicago for an order dismissing the 1st and 2nd Counts
of the 3rd Amended Consolidated Class Action Complaint ; motion hearing set for 10:00
4/14/03 (dw) (Entered: 02/25/2003)
02/21/2003 184 REQUEST by defendant City of Chicago for Judicial Notice in support of motion to
dismiss Defendant City of Chicago, for an order dismissing the 1st and 2nd Counts of the
3rd Amended Consolidated Class Action Complaint [183-1] (dw) (Entered: 02/25/2003)
02/21/2003 185 DECLARATION of John W Cotton in Support by defendant City of Chicago in support
of Motion to Dismiss Defendant City of Chicago for an order dismissing the 1st and 2nd
Counts of the 3rd Amended Consolidated Class Action Complaint [183-1] (dw) (Entered:
02/25/2003)
02/21/2003 189 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case
for Defendants Greenspan, Medill, Chalker, Kornreich & Wexler filed by David A.
Brower; Designating Francis A Bottini as local counsel. Approved by Judge Dickran
Tevrizian. (Fee pd) (dw) Modified on 02/26/2003 (Entered: 02/26/2003)
02/21/2003 190 STIPULATION AND ORDER RE EXTENSION OF TIME FOR CERTAIN
DEFENDANTS' RESPONSE TO THIRD AMENDED CONSOLIDATED CLASS
ACTION COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that the
Kasirer Defendants and Leo Dierkman's response to the Third Amended Complaint is
extended to and including 3/24/03; Plaintiffs have to and including 4/14/03 to file their
opposition papers and that reply papers be filed 4/21/03 (dw) (Entered: 02/26/2003)
02/24/2003 186 NOTICE OF MOTION AND MOTION by Defendant City of Mexico Beach to dismiss
3rd Amended Consolidated Class Action Complaint for failure to state a claim; motion
hearing set for 10:00 4/14/03 (dw) (Entered: 02/25/2003)
02/24/2003 187 MEMORANDUM OF POINTS AND AUTHORITIES Supporting City of Mexico
Beach's Motion to Dismiss 3rd Amended Consolidated Class Action Complaint for failure
to state a claim [186-1] (dw) (Entered: 02/25/2003)
02/24/2003 188 DECLARATION of Jerrold Abeles supporting City of Mexico Beach's Motion to dismiss
3rd Amended Consolidated Class Action Complaint for failure to state a claim [186-1]
(dw) (Entered: 02/25/2003)
02/24/2003 195 MOTION by Defendant Jerold Goldstein to dismiss 3rd Amended Consolidated Class
Action Complaint , or for a more definite statement ; motion hearing set for 10:00 4/14/03
(dw) (Entered: 02/26/2003)
02/24/2003 196 MOTION by Defendant Clarke Underwood to dismiss 3rd amended consolidated class
action complaint ; motion hearing set for 10:00 4/14/03 (dw) (Entered: 02/26/2003)
02/24/2003 197 REQUEST for Judicial Notice by Defendants Jerold V Goldstein and Clarke Underwood
in support of motions to dismiss 3rd Amended Consolidated Class Action Complaint
[195-1] [196-1] (dw) (Entered: 02/26/2003)
02/24/2003 312 DECLARATION OF SERVICE on 2/24/03 of Defendant Joel T. Boehm's Motion to
Dismiss Third Amended Consolidated Class Action Complaint; (See document for further
information) (dw) (Entered: 04/16/2003)
02/25/2003 191 NOTICE OF MOTION AND MOTION to dismiss third Amended Consolidated Class
Action (FRCP 12(b)(6) by defendants John M. Clarey; James F. Dlugosch & Kenneth E.
Dawkins ; motion hearing set for 10:00 4/14/03 (et) (Entered: 02/26/2003)
02/25/2003 192 MEMORANDUM OF POINTS AND AUTHORITIES in support of motion to dismiss
third Amended Consolidated Class Action (FRCP 12(b)(6) by defendants John M. Clarey;
James F. Dlugosch & Kenneth E. Dawkins [191-1] (et) (Entered: 02/26/2003)
02/25/2003 193 REQUEST for Judicial Notice re motion to dismiss third Amended Consolidated Class
Action (FRCP 12(b)(6) by defendants John M. Clarey; James F. Dlugosch & Kenneth E.
Dawkins [191-1] (et) (Entered: 02/26/2003)
02/25/2003 194 PROOF OF SERVICE by defendants on 2/24/03 of Notice of motion & motion of
defendants John M. Clarey, James F. Dlughosh and Kenneth E. Dawkins to dismiss 3rd
Amended Consolidated Class Actn; Memorandum of Point of Authorities in support of
motion to dism; and request for judicial notice. (et) (Entered: 02/26/2003)
02/25/2003 198 NOTICE OF MOTION AND MOTION by defendant Stephen P Goodman to dismiss 3rd
amended consolidated class action complaint ; motion hearing set for 10:00 4/14/03 (dw)
(Entered: 02/26/2003)
02/25/2003 199 Defendant Stephen P Goodman's Notice of Joinder and Joinder in other Defendants
Request for Judicial Notice re motion to dismiss 3rd amended consolidated class action
complaint [198-1] (dw) (Entered: 02/26/2003)
02/25/2003 200 DECLARATION of Diligence re motion to dismiss third Amended Consolidated Class
Action (FRCP 12(b)(6) by defendants John M. Clarey; James F. Dlugosch & Kenneth E.
Dawkins [191-1] (See document for additional information) (dw) (Entered: 02/26/2003)
02/25/2003 205 NOTICE OF MOTION AND MOTION by outside director defendants Evan Greenspan,
Cary Medill, Donald Chalker, Andrew Kornreich, Marshall Wexler, and Herbert Saltzman
to dismiss Plaintiff's 3rd Amended Consolidated Complaint ; motion hearing set for 10:00
4/14/03; Lodged proposed order (dw) Modified on 02/27/2003 (Entered: 02/27/2003)
02/25/2003 206 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by Outside Director
Defendants Evan Greenspan, Cary Medill, Donald Chalker, Andrew Kornreich &
Marshall Wexler of motion to dismiss 3rd amended consolidated class action complaint
[198-1] (dw) Modified on 02/27/2003 (Entered: 02/27/2003)
02/25/2003 207 DECLARATION of Francis A Bottini Jr in support of the outside director defendants
motion to dismiss 3rd amended consolidated class action complaint [198-1] (dw)
(Entered: 02/27/2003)
02/25/2003 208 REQUEST for Judicial Notice in support of the Heritage Outside Director Defendants'
motion to dismiss 3rd amended consolidated class action complaint [198-1] [Volume I]
(dw) (Entered: 02/27/2003)
02/25/2003 209 REQUEST for Judicial Notice by Defendants Evan Greenspan Cary Medill Donald
Chalker Andrew Kornreich and Marshall Wexler in support of the outside director
defendants motion to dismiss 3rd amended consolidated class action complaint [198-1]
[Volume II] (dw) (Entered: 02/27/2003)
02/25/2003 214 NOTICE OF DISCREPANCY AND ORDER by Judge Dickran Tevrizian ordering
Defendant Tarrant's Original Answer submitted on 2/21/03 is not to be filed but instead
rejected; Denial based on: Party did not submit enough copies for related cases; Also
Defendant is in violation of Local Rule 83-2.10.1 - A Corporation may not appeal pro se
(dw) (Entered: 02/28/2003)
02/26/2003 201 ANSWER filed by Defendant Capital Valuation Group to Plaintiffs' 5th amended
complaint [176-1] (dw) (Entered: 02/27/2003)
02/26/2003 202 NOTICE OF INTERESTED PARTIES filed by Defendant Capital Valuation Group (dw)
(Entered: 02/27/2003)
02/26/2003 203 PROOF OF SERVICE by Defendant Capital Valuation Group on 2/26/03 of 1) Answer to
Plaintiff's 5th Amended Complaint and 2) Defendant Capital Valuation Group's Notice of
Interested Parties (dw) (Entered: 02/27/2003)
02/26/2003 204 PROOF OF SERVICE by Defendant Capital Valuation Group on 2/26/03 of 1) Response
to Plaintiff's 3rd Amended Consolidated Class Action Complaint; 2) Defendant Capital
Valuation Group's Notice of Interested Parties (dw) (Entered: 02/27/2003)
02/27/2003 210 NOTICE OF INTERESTED PARTIES filed by Defendant Capital Valuation Group (dw)
(Entered: 02/28/2003)
02/27/2003 211 RESPONSE to Plaintiff 3rd amended consolidated class action complaint [172-1] (dw)
(Entered: 02/28/2003)
02/27/2003 212 EX PARTE APPLICATION filed by class action plaintiffs for order extending time to file
opposition briefs to defendants'motions to dismiss ; Lodged order (dw) (Entered:
02/28/2003)
02/27/2003 213 DECLARATION of Brian Barry in support of ex parte application for order extending
time to file opposition briefs to defendants'motions to dismiss [212-1] (dw) (Entered:
02/28/2003)
02/28/2003 223 STIPULATION AND ORDER ALLOWING THE OUTSIDE DIRECTOR
DEFENDANTS LEAVE TO FILE MOTION TO DISMISS THIRD AMENDED
COMPLAINT OUT OF TIME by Judge Dickran Tevrizian: IT IS SO ORDERED that the
outside director defendants's Motion to Dismiss the 3rd Amended Complaint filed 2/25/03
be allowed to be filed out of time (dw) (Entered: 03/06/2003)
03/03/2003 215 ANSWER filed by Defendant Estate of Emery Rubin to 3rd amended consolidated class
action complaint [172-1] (dw) (Entered: 03/04/2003)
03/03/2003 216 ANSWER filed by Cbiz Valuation Inc dba Cibiz Valuation Counselors fka Valuation
Counselors Group Inc and Zelenkofske Axelrod & Co Ltd to 3rd Amended Consolidated
Class Action Complaint [172-1]; jury demand (dw) (Entered: 03/04/2003)
03/03/2003 217 REQUEST for Judicial Notice in support of The Heritage Outside Director Defendants'
motion to dismiss Plaintiff's 3rd Amended Consolidated Complaint [205-1] [Volume I]
(dw) (Entered: 03/04/2003)
03/03/2003 218 REQUEST for Judicial Notice by defendants in support of the outside director defendants'
motion to dismiss Plaintiff's 3rd Amended Consolidated Complaint [205-1] [Volume II]
(dw) (Entered: 03/04/2003)
03/03/2003 219 Suggestion of Death of Defendant Andrew Kornreich filed by defendants, Greenspan,
Medill, Chalker Kornreich & Wexler (dw) (Entered: 03/05/2003)
03/03/2003 220 Notice of Entry of Order re Application of Non-Resident Attorney to Appear in a Specific
Case (dw) (Entered: 03/05/2003)
03/03/2003 222 ANSWER filed by Defendants Cbiz Valuation Inc dba Cbiz Valuation Counselors fka
Valuation Counselors Group Inc and Zelenofske Axelrod & Co Ltd to Consolidated 5th
Amended Complaint [176-1]; jury demand (dw) (Entered: 03/06/2003)
03/04/2003 221 Joinder by defendant Larry A Rubin in defendant Goldsteins' motion to dismiss 3rd
Amended Complaint [195-1] (dw) (Entered: 03/05/2003)
03/04/2003 224 STIPULATION AND ORDER RE EXTENSION OF TIME FOR CERTAIN
DEFENDANTS' RESPONSE TO FIFTH AMENDED COMPLAINT by Judge Dickran
Tevrizian: IT IS SO ORDERED that Defendants Robert A Kasirer, Health Care Holdings
LLC CareContinuum LLC, BHMC Corp, JDDJ Holdings LP Debra Kasirer individually
& as Trustee of the Debra Kasirer Trust & Canon Realty Corporation shall have to and
including 3/24/03 within which to respond to the Consolidated 5th Amended Complaint
(dw) (Entered: 03/07/2003)
03/04/2003 225 STIPULATED PROTECTIVE ORDER RE FINANCIAL DISCLOSURE; ORDER
THEREON by Judge Dickran Tevrizian: IT IS SO ORDERED 1) The documents or other
information representations and opinions disclosed or produced by or on behalf of the
Kasirers to Plaintiffs during the course of settlement negotiations in this action shall not be
used for any purpose other than to attempt to reach a settlement as to the Kasirers and the
Kasirer Entities and their officers and directors; (See document for further information)
(dw) (Entered: 03/07/2003)
03/05/2003 226 ORDER GRANTING THE EX PARTE APPLICATION FOR EXTENSION OF TIME
TO FILE OPPOSITION BRIEFS TO DEFENDANTS' MOTION TO DISMISS by Judge
Dickran Tevrizian: The Court hereby grants the Ex Parte Application for order extending
time to file opposition briefs to defendants'motions to dismiss [212-1] and sets forth a new
Briefing/Hearing schedule as follows: Plaintiffs to file Opposition Briefs: 4/14/03;
Defendants to file Reply Briefs: 4/21/03; Hearing on all Motions filed under this Briefing
Schedule: To be set by the Court upon receipt of all papers; 2) Counsel for Class Action
Plaintiffs is given leave to file joint Oppositions to the Municipal Defendants' Motion to
Dismiss and the Attorney Defendant's Motions to Dismiss (dw) (Entered: 03/10/2003)
03/06/2003 227 ORDER by Judge Dickran Tevrizian: This Court orders the parties to make a revision to
the caption on all documents submitted in regards to the Betker action; While such
documents should continue to reflect the MDL number and the case numbers of all
consolidated cases they should relate only to the low-nubmered case in the Betker Action;
Thus documents filed in regards to the Betker Action should relate only to 01-5752 DT
(RCx); Papers will only be docketed under the low-numbered case CV 01-5752 DT (RCx)
and the MDL Docket No. 1475; Accordingly where proposed orders are lodged with this
Court only 1 copy and 1 original need be lodged; (See document for further information)
(dw) (Entered: 03/10/2003)
03/06/2003 228 ORDER by Judge Dickran Tevrizian: This Court orders the parties to make a revision to
the caption on all documents submitted in regards to the Consolidated Class Action; While
such documents should continue to reflect the MDL numbers and the case numbers of all
consolidated cases they should relate only to the low numbered case in the Class Action;
Thus documents filed in regards to the Class Action should related only to CV02 382 DT
(RCx); Papers will only be docketed under the low numbered case CV 02-382 DT (RCx)
and the MDL Docket No. 1475; Accordingly where proposed orders are lodged with this
Court only 1 copy and 1 original need be lodged; (See document for further information)
(dw) (Entered: 03/10/2003)
03/07/2003 229 CERTIFICATE OF SERVICE on 3/7/03 of Pro Hac Vice Applications of Steven Toll,
Daniel Sommers and Julie Goldsmith (dw) (Entered: 03/10/2003)
03/11/2003 230 ANSWER filed by Defendants James F Dlugosch and John M Clarey to the Consolidated
5th amended complaint [176-1] (dw) (Entered: 03/12/2003)
03/11/2003 231 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT WRS ARCHITECTS INC
WITHOUT PREJUDICE pursuant to Rule 41(a)(1) of the FRCP by plaintiffs (dw)
(Entered: 03/12/2003)
03/11/2003 232 NOTICE OF MOTION AND MOTION to dismiss Consolidated 5th Amended Complaint
by Defendant Sabo & Green; motion hearing set for 10:00 4/28/03 (dw) Modified on
03/12/2003 (Entered: 03/12/2003)
03/11/2003 233 MEMORANDUM OF POINTS AND AUTHORITES by Defendant Sabo & Green in
support of motion to dismiss Consolidated 5th Amended Complaint [232-1] (dw)
(Entered: 03/12/2003)
03/11/2003 234 NOTICE OF MOTION AND MOTION by Defendant Joel T. Boehm to dismiss Plaintiff's
5th amended complaint ; motion hearing set for 10:00 4/28/03 (dw) (Entered: 03/12/2003)
03/11/2003 235 MEMORANDUM OF POINTS AND AUTHORITES by Defendant Joel T Boehm in
support of motion to dismiss Plaintiff's 5th amended complaint [234-1] (dw) (Entered:
03/12/2003)
03/11/2003 236 DECLARATION OF SERVICE on 3/11/03 by Defendant Joel T Boehm of Notice of
Motion and Defendant Joel T Boehm's Motion to Dismiss Plaintiff's 5th Amended
Complaint; Memorandum of Points and Authorities in Support of Defendant Joel T
Boehm's Motion to Dismiss Plaintiffs 5th Amended Complaint (dw) Modified on
03/12/2003 (Entered: 03/12/2003)
03/12/2003 237 ANSWER filed by Healthcare Financial Solutions to Consolidated 5th amended complaint
[176-1]; jury demand (dw) (Entered: 03/13/2003)
03/12/2003 238 ANSWER filed by Defendants Edward J Hentges, Kenneth R. Larsen, Jerome E.
Tabolich, Steven W. Erickson and Pual R. Ekholm to the Consolidated 5th amended
complaint [176-1]; (dw) (Entered: 03/13/2003)
03/13/2003 239 EX PARTE APPLICATION filed by U S Trust Corporation for protective order Lodged
order (dmjr) (Entered: 03/17/2003)
03/13/2003 240 MEMORANDUM IN SUPPORT by U S Trust Corporation of ex parte application for
protective order [239-1] (dmjr) (Entered: 03/17/2003)
03/13/2003 241 DECLARATION of Arnold D Woo of U S Trust Corporation re ex parte application for
protective order [239-1] (dmjr) (Entered: 03/17/2003)
03/13/2003 246 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case
filed by Steven J. Toll appearing for plaintiffs David Sinow, Howard Preston, Langdon
Parrill, Ray Stits, Barrett Anderson, Laruence Pilgeram, Scott McKenry; Designating
Lionel Z Glancy as local counsel. Approved by Judge Dickran Tevrizian (Fee paid) (dw)
Modified on 03/18/2003 (Entered: 03/18/2003)
03/13/2003 247 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case
filed by Daniel S. Sommers for plaintiffs David Sinow, Howard Preston, Langdon Parrill,
Ray Stits, Barrett Anderson, Laurence Pilgeram, Scott McKenry, Ralph Allman and
Gilbert Kivenson; Designating Lionel Z. Glancy as local counsel. Approved by Judge
Dickran Tevrizian. (Fee paid) (dw) (Entered: 03/18/2003)
03/13/2003 248 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case
filed by Julie Goldsmith for Plaintiffs David Sinow, Howard Preston, Langdon Parrill,
Ray Stits, Barrett Anderson, Laurence Pilgeram, Scott McKenry, Ralph Allman & Gilbert
Kivenson; Designating Lionel Z. Glancy as local counsel. Approved by Judge Dickran
Tevrizian. (Fee pd) (dw) Modified on 03/18/2003 (Entered: 03/18/2003)
03/14/2003 242 OPPOSITION by Outside Director Defendants Evan Greenspan, Cary Medill, Donald
Chalker, Andrew Kornreich and Marshall Wexler to Defendants US Trust Corporation
and US Trust Compnay of Texas NA re ex parte application for protective order [239-1]
(dw) (Entered: 03/17/2003)
03/14/2003 243 NOTICE OF MOTION AND MOTION by Defendant Desert Hot Springs Public
Financing Authority to dismiss 3rd Amended Consolidated Class Action Complaint for
failure to state a claim ; Lodged order (dw) (Entered: 03/17/2003)
03/14/2003 244 MEMORANDUM OF POINTS AND AUTHORITIES by Defendant Desert Hot Springs
Public Financing Authority supporting motion to dismiss 3rd Amended Consolidated
Class Action Complaint for failure to state a claim [243-1] (dw) (Entered: 03/17/2003)
03/14/2003 245 DECLARATION of Kevin Patrick McVerry by Defendant Desert Hot Springs Public
Financial Authority supporting motion to dismiss 3rd Amended Consolidated Class
Action Complaint for failure to state a claim [243-1] (dw) (Entered: 03/17/2003)
03/17/2003 249 ANSWER filed by Defendant The Bank of New York to Consolidated 5th amended
complaint [176-1] (dw) (Entered: 03/18/2003)
03/18/2003 250 CLASS ACTION STATEMENT by plaintiffs' in Support of Ex Parte Application of US
Trust for entry of a protective order [239-1] (dw) (Entered: 03/20/2003)
03/19/2003 251 PROTECTIVE ORDER by Judge Dickran Tevrizian: It is hereby ordered that This order
governs the production and use of certain documents and information to be produced by
the parties in this litigation; (Re: ex parte application for protective order [239-1]) (See
document for further information) (cc: all counsel) (dw) (Entered: 03/21/2003)
03/19/2003 252 STIPULATION AND ORDER RE EXTENSION OF TIME TO RESPOND TO THE
3RD AMENDED COMPLAINT AND DISCOVERY; AND TAKING OFF CALENDAR
A PENDING MOTION TO DISMISS by Judge Dickran Tevrizian: IT IS SO ORDERED
that Defendants Clarey Dlugosch and Dawkins shall remove their Motion to Dismiss the
3rd Amended Complaint from the Court's calendar without prejudice to their right to refile
at a later date and shall have to & including 4/4/03 to respond to Class Action Plaintiff's
1st Request for Production of Doucments and that Defendants Iverson Tabolich Hentges
Larsen Eirckson Ekholm and Dhooge shall be given an extension of time to respond to the
3rd Amended Complaint until after the pending motions are resolved; Thereafter after the
pending Motions to Dismiss are resolved if no settlement has been reached with these
parties if Plaintiffs file a 4th Amended Class Action Complaint these Defendants will
respond thereto within 30 days and if the Plaintiffs will not be amending their 3rd
Amended Complaint these Defendants will have 2 weeks to respond thereto once they are
informed of that fact (dw) (Entered: 03/24/2003)
03/20/2003 253 STIPULATION AND ORDER RE EXTENSION OF TIME FOR HEALTHCARE
FINANCIAL SOLUTIONS TO RESPOND TO THE THIRD AMENDED
CONSOLIDATED CLASS ACTION COMPLAINT by Judge Dickran Tevrizian: IT IS
SO ORDERED that HFS shall have a further extension of time to respond to the 3rd
Amended Compalint until after the pending motions are resolved; After the pending
motions are dismiss are resolved if the parties have not settled and Plaintiffs file a 4th
Amended Class Action Complaint HFS shall respond thereto within 30 days of service
and if Plaintiffs will not be amending their Third Amended Compalint HFS shall have 2
weeks to respond thereto once it is informed of fact (dw) (Entered: 03/24/2003)
03/21/2003 254 STIPULATION AND ORDER TO EXTEND TIME TO ANSWER OR OTHERWISE
RESPOND TO COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that the
time for Fulbright to answer move or otherwise respond to the 3rd Amended Consolidated
Class Action Complaint shall be extended to and including 3/31/03 (dw) (Entered:
03/25/2003)
03/21/2003 255 STIPULATION AND ORDER RE EXTENSION OF TIME FOR DEFENDANTS
RICHARD KUHL AND GERI OSTLUND TO RESPOND TO THIRD AMENDED
CONSOLIDATED CLASS ACTION COMPLAINT by Judge Dickran Tevrizian: IT IS
SO ORDERED that: To give these Defendants sufficient time to prepare their responsive
pleadings to the 3rd Amended Complaint if necessary the parties hereto request that the
Court excuse these Defendants from responding to the Third Amended Complaint until
after the Court rules on the outstanding motions to dismiss; In the event all motions are
defeated in their entirety and no 4th Amended Complaint will be filed these Defendants
are prepared to file a responsive pleading to the 3rd Amended Complaint in 10 days after
the hearing date on the motions; In the event a 4th Amended Complaint is filed
Defendants will respond to the 4th Amended Complaint within the time provided for all
defendants to respond (See document for further information) (dw) (Entered: 03/25/2003)
03/26/2003 256 NOTICE OF CHANGE Of Address for attorney filed by attorney for defendants, Edward
J. Hentges, Kenneth R. Larsen, Jerome E. Tabolich, Steven W. Erickson and Paul R.
Ekholm: New Address: Dorsey & Whitney LLP 38 Technology Drive Irvine CA 92618-
2301; Telephone (714) 424-5555; Facsimile (714) 424-5554 (dw) (Entered: 03/27/2003)
03/26/2003 257 EX PARTE APPLICATION filed by plaintiffs for order permitting class plaintiffs to
exceed page limitation re their briefs in opposition to the defendants' motions to dismiss ;
Lodged proposed order (dw) (Entered: 03/27/2003)
03/26/2003 258 DECLARATION of Brian Barry in support of Plaintiffs' (David Sinow, Howard Presont,
Langdon Parrill, Ray Stits, Barrett Anderson, Laurence Pilgeram, Scott McKenry, Ralph
Allmann, and Gilbert Kivenson) Ex parte application for order permitting class plaintiffs
to exceed page limitation re their briefs in opposition to the defendants' motions to dismiss
[257-1] (dw) (Entered: 03/27/2003)
03/27/2003 259 STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO
THE FIFTH AMENDED COMPLAINT Judge Dickran Tevrizian: IT IS SO ORDERED
that the Kasirer Defendants shall have to and including 4/24/03 within which to respond to
the 5th Amended Complaint (dw) (Entered: 03/31/2003)
03/28/2003 260 OPPOSITION OF DEFENDANTS Michael Sobelamn and Sobelman COhen & Sullivan
LLP to Plaintiffs ex parte application for order permitting class plaintiffs to exceed page
limitation re their briefs in opposition to the defendants' motions to dismiss [257-1] (dw)
(Entered: 03/31/2003)
03/28/2003 261 DECLARATION of John M Caron in support of the Opposition of Michael Sobelman and
Sobelman and Sobelman Cohen & Sullivan LLP to Plaintiffs' ex parte application for
order permitting class plaintiffs to exceed page limitation re their briefs in opposition to
the defendants' motions to dismiss [257-1] (dw) (Entered: 03/31/2003)
03/28/2003 262 PROOF OF SERVICE on 3/28/03 of 1) Opposition of Defendants Michael Sobelman and
Sobleman Cohen & Sullivan LLP to Plaintiff's Ex Parte Application for Order Permitting
Class Defendants to Exceed Page Limitation; (See document for further instructions) (dw)
(Entered: 03/31/2003)
03/28/2003 269 ORDER PERMITTING CLASS PLAINTIFFS TO EXCEED PAGE LIMITATION RE
THEIR BRIEF IN OPPOSITION TO THE DEFENDANTS' MOTIONS TO DISMISS by
Judge Dickran Tevrizian: DENIED (Ex Parte Application [257-1]) (dw) (Entered:
04/03/2003)
03/28/2003 270 STIPULATION AND ORDER RE EXTENSION OF TIME FOR CERTAIN
DEFENDANTS' RESPONSE TO THIRD AMENDED CONSOLIDATED CLASS
ACTION COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that the
Kasirer Defendants and Dierckman shall have to the date 2 weeks following the parties'
settlement meeting or 2 weeks following the Court's rulings on the Pending Motions
whichever date is later within which to respond to the 3rd Amended Consolidated Class
Action Complaint on file herein; If the Court grants one or more motions to dismiss with
respect to the Third Amended Complaint Dierckman and the Kasirer Defendants will
respond to the Fourth Amended Complaint within the time set by Federal Rule 12 or by
order of the Court (dw) (Entered: 04/03/2003)
03/28/2003 -- PLACED IN FILE - NOT USED; [PROPOSED] ORDER DENYING CLASS
PLAINTIFFS' EX PARTE APPLICATION TO EXCEED PAGE LIMITATION RE
THEIR BRIEF IN OPPOSITION TO THE MOTION TO DISMISS FILED BY
DEFENDANTS MICHAEL SOBELMAN AND SOBELMAN COHEN & SULLIVAN
LLP lodged on 3/28/03 (dw) (Entered: 04/03/2003)
03/31/2003 263 REQUEST filed by plaintiffs David Sinow, Howard Preston, Langdon Parrill, Ray Stits,
Barrett Anderson, Laurence Pilgeram, Scott McKenry, Ralph Allman, and Gilbert
Kivenson for entry of default as to Louis Pontarelli (dw) (Entered: 04/01/2003)
03/31/2003 264 PROOF OF SERVICE of Summons and Complaint executed; Service by Federal statute
on 2/11/03 via personal service by serving Summons and 3rd Amended Complaint to
Robert Dawson Partner authorized to receive service of process (dw) (Entered:
04/01/2003)
03/31/2003 265 NOTICE OF MOTION AND MOTION by defendant Fulbright & Jaworski LLP to
dismiss 3rd amended consolidated class action complaint ; Memorandum of Points and
Authorities in Support thereof (dw) (Entered: 04/01/2003)
03/31/2003 266 Appendix of Non-Published Authorities by defendant Fulbright & Jaworski, LLP to
motion to dismiss 3rd amended consolidated class action complaint [265-1] (dw)
(Entered: 04/01/2003)
03/31/2003 267 DECLARATION of Brian Barry of request for entry of default as to Louis Pontarelli
[263-1] (dw) (Entered: 04/01/2003)
03/31/2003 268 PROOF OF SERVICE on 3/31/03 of Defendant Fulbright & Jaworski LLP Notice of
Motion and Motion to Dismiss 3rd Amended Consolidated Class Acton Complaint;
Memorandum of Points and Authorities in Support Thereof; Appendix; Order (dw)
(Entered: 04/01/2003)
04/03/2003 271 EX PARTE APPLICATION filed by Plaintiffs for Order Granting Entry of Default
Against Defendant Louis Pontarelli; Lodged order (dw) (Entered: 04/04/2003)
04/03/2003 272 DECLARATION of Brian Barry in Support of Ex Parte Application for Order Granting
Entry of Default Against Defendant Louis Pontarelli; [271-1] (dw) (Entered: 04/04/2003)
04/03/2003 273 DEFENDANT FULBRIGHT & JAWORSKI LLP'S PROOF OF SERVICE on 4/2/03 of
Notice of Motion and Motion to Dismiss Third Amended Consolidated Class Action
Complaint; Appendix; Order(dw) Modified on 04/04/2003 (Entered: 04/04/2003)
04/03/2003 274 NOTICE of entry of Order by defendants Greenspan, Medill, Chalker Kornreich Wexler
Re Stipulation and Order Allowing the Outside Director Defendants Leave to File Motion
to Dismiss Third Amended Complaint Out of Time (dw) (Entered: 04/04/2003)
04/04/2003 275 EX PARTE APPLICATION filed by Plaintiffs: David Sinow, Howard Preston, Langdon
Parrill, Ray Stits, Barrett Anderson, Laurence Pilgeram, Scott McKenry, Ralph Allman
and Gilbert Kivenson for Order Permitting Class Plaintiffs to Exceed Page Limitation for
Joint Opposition Briefs ; Lodged order (dw) (Entered: 04/07/2003)
04/04/2003 276 DECLARATION of Brian Barry by Class Action Plaintiffs re ex parte application for
Order Permitting Class Plaintiffs to Exceed Page Limitation for Joint Opposition Briefs
[275-1] (dw) (Entered: 04/07/2003)
04/04/2003 280 ORDER GRANTING ENTRY OF DEFAULT AGAINST Louis Pontarelli by Judge
Dickran Tevrizian: By Order of the Court the DEFAULT of the following name is hereby
entered: Louis Pontarelli; (Ex Parte Application [271-1]) (dw) (Entered: 04/08/2003)
04/04/2003 281 STIPULATION REGARDING DEFENDANT JOEL T BOEHM'S MOTION TO
DISMISS FIFTH CAUSE OF ACTION OF PLAINTIFFS' THIRD AMENDED
CONSOLIDATED CLASS ACTION COMPLAINT and ORDER by Judge Dickran
Tevrizian: IT IS SO ORDERED that Boehm may withdraw without prejudice his Motion
to Dismiss as against Plaintiff's 5th Cause of Action for Negligence only (dw) (Entered:
04/09/2003)
04/07/2003 277 ANSWER filed by Defendants US Trust Company of Texas NA to Amended Complaint
for Monetary Dmaages (Heartland Receiver Action) (filed by plaintiff Phillip L Stern,
Receiver) (dw) (Entered: 04/08/2003)
04/07/2003 278 EX PARTE APPLICATION filed by class action plaintiffs David Sinow, Howard Preson,
Langdon Parrill, Ray Stits, Barrett Anderson, Laurence Pilgeram, Scott McKenry, Ralph
Allman and Gilbert Kivenson for order requiring attorney defendants to produce insurance
policies (dw) (Entered: 04/08/2003)
04/07/2003 279 DECLARATION of Brian Barry in support of the Class Action Plaintiffs ex parte
application for order requiring attorney defendants to produce insurance policies [278-1]
(dw) (Entered: 04/08/2003)
04/07/2003 282 ORDER PERMITTING CLASS PLAINTIFFS TO EXCEED PAGE LIMITATION FOR
JOINT OPPOSITION BRIEFS by Judge Dickran Tevrizian: DENIED (Application [275-
1]) (dw) (Entered: 04/09/2003)
04/08/2003 285 STIPULATION AND ORDER RE ANSWER TO COMPLAINT by Judge Dickran
Tevrizian: IT IS SO ORDERED: 1) US Trust Texas will file its answer to the Amended
Complaint for Monetary Damages in the Heartland Receiver Action on or before 4/8/03;
2) Should US Trust Texas wish to file a 3rd party complaint in the Heartland Recevier
Action the time within which it may do so is extended to the date on which it files its
answer to the complaints (now docketed under the low numbered case CV02-382 DT
(RCx) (dw) (Entered: 04/10/2003)
04/09/2003 283 OPPOSITION by Defendant Atkinson Andelson Loya Ruud & Romo to Plaintiffs' ex
parte application for order requiring attorney defendants to produce insurance policies
[278-1] (dw) Modified on 04/10/2003 (Entered: 04/10/2003)
04/09/2003 284 DECLARATION of Susan L Oliver in support of Defendant Joel T. Boehm's Opposition
to Plaintiffs' ex parte application for an order requiring attorney defendants to produce
insurance policies [278-1] (dw) Modified on 04/10/2003 (Entered: 04/10/2003)
04/09/2003 286 MINUTES (IN CHAMBERS) by Judge Dickran Tevrizian: Plaintiffs' Ex Parte
Appliacation for an Order Requiring Attorney Defendants to Produce Insurance Policies
[278-1] is granted pursuant to FRCP 26(a)(1)(D); The said policies to be produced within
7 days of the date of this Order; (See document for further information) CR: None Present
(dw) (Entered: 04/10/2003)
04/09/2003 287 OPPOSITION by Defendant Joel T Boehm to ex parte application for order requiring
attorney defendants to produce insurance policies [278-1] (dw) (Entered: 04/10/2003)
04/09/2003 288 DECLARATION of Kimberly D Howatt in support of Defendant Joel T. Boehm's
Opposition to Plaintiffs' ex parte application for order requiring attorney defendants to
produce policies [278-1] (dw) (Entered: 04/10/2003)
04/09/2003 289 OPPOSITION of Defendant Sabo & Green to Class Action Plaintiff's Ex Parte
Application for order requiring attorney defendants to produce insurance policies [278-1]
(dw) (Entered: 04/10/2003)
04/09/2003 293 SUBSTITUTION OF ATTORNEY: terminating attorney Michael Robinson Jr, and
substituting attorney William E. Crockett for Defendant Jerold V. Goldstein by Judge
Dickran Tevrizian (dw) (Entered: 04/14/2003)
04/09/2003 295 LETTER by Defendant Louis Pontarelli regarding defendant's response to request for
entry of default as to Louis Pontarelli [263-1] (dw) (Entered: 04/15/2003)
04/10/2003 290 EX PARTE APPLICATION filed by Defendant Joel T Boehm for reconsideration and
Revocation of Order Requiring Attorney Defendants to Produce Insurance Policies ;
Points and Authorities in support thereof; Lodged order (dw) (Entered: 04/11/2003)
04/10/2003 291 DECLARATION of Kimberly D Howatt in support re ex parte application for
reconsideration and Revocation of Order Requiring Attorney Defendants to Produce
Insurance Policies [290-1] (dw) (Entered: 04/11/2003)
04/10/2003 292 ANSWER filed by Defendant Tarrant County Health Facilities Development Corporation
to Third Amended Consolidated Complaint [172-1]; jury demand (dw) (Entered:
04/11/2003)
04/11/2003 294 RESPONSE by Defendant Desert Hot Springs Public Financing Authority to Plaintiff's
First Requests for Production of Documents propounded to each Defendant [290-1] (dw)
(Entered: 04/15/2003)
04/11/2003 296 EX PARTE APPLICATION filed by Defendant Atkinson Andelson Loya Ruud & Romo
for reconsideration and revocation of order requiring attorney defendants to produce
insurance policies ; Points and authorities in support thereof; Lodged order (dw) (Entered:
04/15/2003)
04/11/2003 297 DECLARATION of Susan L. Oliver re Defendant Atkinson Andelson Loya Ruud &
Romo's ex parte application for reconsideration and revocation of order requiring attorney
defendants to produce insurance policies [296-1] (dw) (Entered: 04/15/2003)
04/14/2003 299 OPPOSITION by Class Action Plaintiffs to Attorney Defendant Joel T Boehm's Motion to
Dismiss Third Amended Consolidated Class Action Complaint (dw) (Entered:
04/15/2003)
04/14/2003 300 JOINT OPPOSITION by Plaintiffs to Defendants Sabo & Green and Joel T. Boehm's
motions to dismiss Plaintiff's 5th amended complaint [234-1], [232-1] (dw) (Entered:
04/15/2003)
04/14/2003 301 JOINT OPPOSITION by Class Plaintiffs' to the motions to dismiss filed by the Municipal
Issuers (City of Chicago, City of Mexico Beach, Danforth Health Facilities Corp and
Desert Hot Springs Public Financing Authority) [243-1], [186-1], [183-1] (dw) (Entered:
04/15/2003)
04/14/2003 302 OPPOSITION by Class Action Plaintiffs' to Law Firm Defendants Sabo & Green and
Atkinson Andelson Loya Ruud & Romeo's Motions to Dismiss the Third Amended
Consolidated Class Action Complaint (dw) (Entered: 04/15/2003)
04/14/2003 303 OPPOSITION by Class Action Plaintiffs to Defendant Jerold Goldstein's motion to
dismiss 3rd Amended Consolidated Class Action Complaint [195-1] (dw) (Entered:
04/15/2003)
04/14/2003 305 LIMITED OPPOSITION of US Trust Defendants to Rule 12 Motions of Certain
Defendants [265-1], [205-1], [196-1], [195-1] (dw) (Entered: 04/16/2003)
04/14/2003 306 REQUEST for Judicial Notice in support of Limited Opposition of US Trust Defendants
to Rule 12 Motions of Certain Defendants (dw) (Entered: 04/16/2003)
04/14/2003 307 APPENDIX of Non-Published Authorities filed by Defendants US Trust Corporation and
US Trust Company of Texas cited in Limited Opposition of US Trust Defendants to Rule
12 Motions of Certain Defendants [305-1] (dw) (Entered: 04/16/2003)
04/14/2003 308 OPPOSITION of Class Plaintiffs to motion to dismiss Plaintiff's 3rd Amended
Consolidated Complaint [205-1] [196-1] filed by the Outside Director Defendants and
Clarke Underwood (dw) (Entered: 04/16/2003)
04/14/2003 309 OPPOSITION by the Class Action Plaintiffs to the Accountant Defendants' Motion to
Dismiss (dw) (Entered: 04/16/2003)
04/14/2003 310 OPPOSITION by Class Action Plaintiffs to Defendant Stephen Goodman's motion to
dismiss 3rd amended consolidated class action complaint [198-1] (dw) (Entered:
04/16/2003)
04/15/2003 298 ORDER REVOKING PRIOR ORDER REQUIRING ATTORNEY DEFENDANTS TO
PRODUCE INSURANCE POLICIES by Judge Dickran Tevrizian: DENIED (Ex Parte
Application [296-1]) (dw) (Entered: 04/15/2003)
04/15/2003 304 ORDER GRANTING EX PARTE APPLICATION OF DEFENDANT JOEL T. BOEHM
FOR RECONSIDERATION AND REVOCATION OF ORDER REQUIRING
ATTORNEY DEFENDANTS TO PRODUCE by Judge Dickran Tevrizian: DENIED; (ex
parte application for reconsideration and Revocation of Order Requiring Attorney
Defendants to Produce Insurance Policies [290-1]) (dw) (Entered: 04/16/2003)
04/15/2003 311 NOTICE of Chapter 7 Bankruptcy of Coddington Appraisal Services Inc. by Defendant
Coddington Appraisal Services Inc (dw) (Entered: 04/16/2003)
04/16/2003 317 NOTICE OF DISCREPANCY AND ORDER by Judge Dickran Tevrizian ordering
Answer to 3rd Amended Complaint submitted on 4/11/03 is not to be filed but instead
rejected; Denial based on: LR 11-4.1 No copy provided for judge; FRCvP Rule 5(d) No
proof of service attached to document; Default entered on 4/4/03; Defendant may bring a
formal noticed motion to vacate the entry of default on file or a stipulation to set aside the
entry of default (dw) (Entered: 04/22/2003)
04/17/2003 313 NOTICE of Entry of Order Re Answer to Complaint (dw) (Entered: 04/18/2003)
04/17/2003 314 OPPOSITION by Class Action Plaintiffs to the motion to dismiss 3rd amended
consolidated class action complaint [265-1] of Fulbright & Jaworski LLP (dw) (Entered:
04/21/2003)
04/17/2003 315 DECLARATION of Brian D Miller in support of Plaintiffs' Opposition to the motion to
dismiss 3rd amended consolidated class action complaint [265-1] of Fulbright & Jaworski
LLP (dw) (Entered: 04/21/2003)
04/17/2003 316 DECLARATION of Jill Betts in support of Plaintiffs' motion to dismiss 3rd amended
consolidated class action complaint [265-1] of Fulbright & Jaworski LLP (dw) (Entered:
04/21/2003)
04/21/2003 318 Reply Brief to Purported Class Action to Purported Class Action Plaintiffs' Opposition to
Goodman's motion to dismiss 3rd amended consolidated class action complaint [198-1]
(dw) (Entered: 04/22/2003)
04/21/2003 319 PROOF OF SERVICE on 4/21/03 of [Proposed] Order Granting Defendants Michael
Sobelman and Sobelman Coehn & Sullivan LLP's Motion to Dismiss Third Amended
Consolidated Class Action Complaint (dw) (Entered: 04/22/2003)
04/21/2003 320 NOTICE OF ERRATA by Defendants Michael Sobelman & Sobelman, Cohen & Sullivan
LLP re Defendants Sobelman Cohen & Sullivan LLP's Notice of Motion and Motion to
Dismiss Third Amended Consolidated Class Action Complaint (dw) (Entered:
04/22/2003)
04/21/2003 321 PROOF OF SERVICE on 4/21/03 of Notice of Errata re Defendants Sobelman Cohen &
Sullivan LLP's Notice of Motion and Motion to Dismiss Third Amended Consolidated
Class Action Complaint (dw) (Entered: 04/22/2003)
04/21/2003 322 REPLY MEMORANDUM OF POINTS AND AUTHORTIES by Michael Sobelman and
Sobelman Cohen & Sullivan LLP in support of Defendants Michael Sobelman and
Sobelman Cohen & Sullivan LLP's Motion to Dismiss Third Amended Consolidated Class
Action Complaint (dw) (Entered: 04/22/2003)
04/21/2003 323 PROOF OF SERVICE on 4/21/03 of Reply Memorandum of Points and Authorities in
Support of Defendants Michael Sobelman & Sobelman Cohen & Sullivan LLP's Motion
to Dismiss Third Amended Consolidated Class Action Complaint (dw) (Entered:
04/22/2003)
04/21/2003 324 DECLARATION of John M. Caron in support of Reply to Plaintiffs' Opposition to
Defendants' Michael Sobelman and Sobelman Cohen & Sullivan LLP's Motion to Dismiss
(dw) (Entered: 04/22/2003)
04/21/2003 325 PROOF OF SERVICE on 4/21/03 of Declaration of John M Caron in Support of Reply to
Plaintiffs' Opposition to Defendants Michael Sobelman and Sobelman Cohen & Sullivan
LLP's Motion to Dismiss (dw) (Entered: 04/22/2003)
04/21/2003 326 NOTICE OF MOTION AND MOTION by Outside Director Defendants Evan Greenspan,
Cary Medill, Donald Chalker, Andrew Kornreich, Marshall Wexler & Herbert Saltzman to
strike the limited opposition of US Trust Defendants to Rule 12 Motions of Certain
Defendants ; Lodged order (dw) (Entered: 04/22/2003)
04/21/2003 327 MEMORANDUM of Points and Authorities IN SUPPORT of the Outside Director
Defendants' motion to strike the limited opposition of US Trust Defendants to Rule 12
Motions of Certain Defendants [326-1] (dw) (Entered: 04/22/2003)
04/21/2003 328 DECLARATION of Francis A Bottini Jr in support of the Outside Director Defendants'
motion to strike the limited opposition of US Trust Defendants to Rule 12 of Certain
Defendants [326-1] (dw) (Entered: 04/22/2003)
04/21/2003 329 REPLY Memorandum in support of Outside Director Defendants' motion to dismiss
Plaintiff's 3rd Amended Consolidated Complaint [205-1] (dw) (Entered: 04/22/2003)
04/21/2003 330 REPLY by Defendant Sabo & Green to Class-Action Plaintiffs' Opposition to Motion to
Dismiss the Third Amended Consolidated Class-Action Complaint (dw) (Entered:
04/22/2003)
04/21/2003 331 DECLARATION of Steven C Uribe in support of Defendant Sabo & Green's Reply to
Motion to Dismiss Third Amended Consolidated Class Action Complaint (dw) (Entered:
04/22/2003)
04/21/2003 332 Attorney Defendants' Supplemental Joint Request for Judicial Notice by Defendant Sabo
& Greene in Support Motions to Dismiss Third Amended Consolidated Class Action
Complaint (dw) (Entered: 04/22/2003)
04/21/2003 333 REPLY by Defendants Joel T Bohem and Sabo & Green to Plaintiffs' Joint Opposition to
Defendants Sabo & Green and Joel T Boehm's motions to dismiss Consolidated Plaintiff's
5th amended complaint [234-1] [232-1] (dw) (Entered: 04/22/2003)
04/21/2003 334 REPLY to plaintiffs' Opposition to Defendant Joel T Boehm's Motion to dismiss
Plaintiffs' 5th amended complaint [234-1], [232-1] (dw) (Entered: 04/22/2003)
04/21/2003 335 REPLY by Defendant Joel T Boehm to Plaintiffs' Opposition to Motion to Dismiss Third
Amended Consolidated Class Action Complaint (dw) (Entered: 04/22/2003)
04/21/2003 336 REPLY by Defendant City of Mexico Beach supporting its motion to dismiss 3rd
Amended Consolidated Class Action Complaint for failure to state a claim [186-1] (dw)
(Entered: 04/22/2003)
04/21/2003 337 REPLY by Defendant City of Chicago in support of motion to dismiss of Defendant City
of Chicago 2nd Counts of the 3rd Amended Consolidated Class Action Complaint [183-1]
(dw) (Entered: 04/22/2003)
04/21/2003 338 REPLY by Defendant Clarke Underwood in support of motion to dismiss 3rd amended
consolidated class action complaint or for a more definite statement [196-1] (dw)
(Entered: 04/22/2003)
04/21/2003 339 REPLY by Defendant Jerold Goldstein in support of Motion to dismiss 3rd Amended
Consolidated Class Action Complaint or for a more definite statement [195-1] (dw)
(Entered: 04/22/2003)
04/21/2003 340 Supplemental Request for Judicial Notice by Defendants Jerold V. Goldstein and Clarke
Underwood in Support of Motions to dismiss 3rd amended consolidated class action
complaint [196-1], [195-1] (dw) (Entered: 04/22/2003)
04/21/2003 341 Joinder of Defendants Jerold Goldstein and Clarke Underwood to Heritage Outside
Director Defendants' motion to strike the limited opposition of US Trust Defendants to
Rule 12 Motions of Certain Defendants [326-1] (dw) (Entered: 04/22/2003)
04/22/2003 342 Reply Brief by Defendant Danforth Health Facilities Corporation to Motion Dismiss Third
Amended Consolidated Class Action Complaint and/or More Definite Statement (dw)
(Entered: 04/23/2003)
04/23/2003 343 NOTICE OF ERRATA Re: Defendant Sabo & Green's Reply to Motion to Dismiss Third
Amended Consolidated Class Action Complaint [333-1] (dw) (Entered: 04/28/2003)
04/25/2003 344 REPLY by Defendant Fulbright & Jaworski LLP in support of Motion to Dismiss 3rd
amended consolidated class action complaint [265-1] (dw) (Entered: 04/28/2003)
04/25/2003 345 REPLY by Desert Hot Springs Public Financing Authority to Plaintiff's Opposition to
motion to dismiss 3rd Amended Consolidated Class Action Complaint for failure to state a
claim [243-1] (dw) (Entered: 04/28/2003)
04/25/2003 346 Notice of Submission by Class Action Plaintiffs of Additional Authority in Support of
Class Plaintiff's Joint Opposition to the Motions to Dismiss filed by the Municipal Issuers
(dw) (Entered: 04/28/2003)
04/28/2003 347 NOTICE OF MOTION by defendant Louis Pontarelli to vacate entry of default on file
against Louis Pontarelli ; 5/19/03 at 10:00am (dw) (Entered: 04/29/2003)
04/28/2003 350 ORDER 1) DENYING DEFENDANT SABO & GREEN'S MOTION TO DISMISS
CONSOLIDATED FIFTH AMENDED COMPLAINT UNDER FEDERAL RULE CIVIL
PROCEDURE 12(b)(6); and 2) DENYING DEFENDANT JOEL T. BOEHM'S MOTION
TO DISMISS PLAINTIFF'S FIFTH AMENDED COMPLAINT by Judge Dickran
Tevrizian: In light of the foregoing this Court 1) denies Defendant Sabo & Green's Motion
to Dismiss Consolidated 5th Amended Complaint [232-1]; and 2) denies Defendant Joel
T. Boehm's Motion to Dismiss Plaintiffs' 5th Amended Complaint [234-1] (dw) (Entered:
04/30/2003)
04/28/2003 351 MINUTES by Judge Dickran Tevrizian: 1) Defendant Sabo & Green's Motion to Dismiss
Consolidated Fifth Amended Complaint; 2) Defendant Joel T. Boehm's Motion to Dismiss
Consolidated Fifth Amended Complaint: Matter called and appearances made. Court
adopts tentative rulings denying motions signs orders and instructs clerk to file and
process. CR: Lori Muraoka (dw) (Entered: 05/02/2003)
04/29/2003 348 MINUTES (IN CHAMBERS) by Judge Dickran Tevrizian: This Court hereby sets the
following briefing schedule for Outside Director Defendants' Motion to Strike Limited
Opposition of US Trust Defendants to Rule 12 Motions of Certain Defendants: Opposition
- 5/7/03 Reply - 5/14/03 Upon receipt of all papers this Court will set a hearing date for
the motion to strike for the same date as the underlying motions to dismiss. CR: None
Present (dw) (Entered: 04/30/2003)
04/29/2003 349 MINUTES (IN CHAMBERS) by Judge Dickran Tevrizian: This Court has been notified
of a potential settlement with respect to certain parties. Further this Court instructs counsel
and/or parties to file notices of withdrawal of pending motions to dismiss no later than
5/13/03 with the right to renew their motions in the event that settlement is not
consummated. The Court thereafter will set hearing dates on the remaining motions to
dismiss. CR: None Present (dw) (Entered: 04/30/2003)
05/02/2003 383 ORDER ON EX PARTE APPLICATION FOR ORDER EXTENDING DISCOVERY
CUT OFF AND PRE-TRIAL DATE FOR ALL PARTIES IN ALL CASES by Judge
Dickran Tevrizian: The following dates shall apply to all of the consolidated cases and any
cases consolidated thereunder: Case Nos: CV 01-5752 (BETKER ACTION), CV02-382
(CLASS ACTION), CV02-2745 (TRUSTEE ACTION); and CV02-6512 (SEC
RECEIVER ACTION) (Ex Parte application [377-1] ; Discovery cut off set on 6/28/04;
Pretrial Conference & Trial set for 1:30 8/30/04; The Pretrial Conference and Trial Setting
Date does not apply to Companion Case CV02-6512 DT. These dates will be set at the
Scheduling Conference. (dw) (Entered: 06/05/2003)
05/07/2003 352 OPPOSITION by US Trust Defendants to Outside Director Defendants' motion to strike
limited opposition of US Trust Defendants to Rule 12 Motions of Certain Defendants
[326-1] (dw) (Entered: 05/08/2003)
05/07/2003 353 ORDER SETTING SCHEDULING CONFERENCE by Judge Dickran Tevrizian:
scheduling conference set for 10:00 7/14/03 ; (See document for further information) (dw)
(Entered: 05/12/2003)
05/12/2003 354 MINUTES by Judge Dickran Tevrizian: In light of the Automatic Bankruptcy Stay as to
defendant Coddington Appraisal Services Inc now in effect in the above mentioned cause
of action the Court hereby ORDERS this matter removed from the Court's active caseload
as to the above named defendant pending the outcome of said Bankruptcy proceedings
and/or further order of this Court. Counsel are to notify this Court in writing should they
desire this matter placed on active status. (dw) (Entered: 05/13/2003)
05/13/2003 355 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 4/28/03 (Re:) CR:
Lori Muraoka (weap) (Entered: 05/14/2003)
05/19/2003 356 ANSWER filed by Defendant Sabo & Green to the Consolidated Fifth Amended
Complaint [176-1] (dw) (Entered: 05/20/2003)
05/19/2003 357 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Sabo & Green
(dw) (Entered: 05/20/2003)
05/19/2003 358 NOTICE OF MOTION AND MOTION to compel documents form Fulbright & Jaworski
; motion hearing set for 9:30 6/11/03 (dw) (Entered: 05/20/2003)
05/19/2003 359 JOINT STIPULATION filed by Class Action Plaintiffs, defendants on Motion to Compel
Documents from Fulbright & Jaworski LLP (dw) Modified on 05/20/2003 (Entered:
05/20/2003)
05/19/2003 360 DECLARATION of Beong-Soo Kim Regarding Joint Stipulation on Plaintiffs' motion to
compel documents from Defendant Fulbright & Jaworski [358-1] (dw) (Entered:
05/20/2003)
05/19/2003 365 ORDER GRANTING MOTION TO VACATE ENTRY OF DEFAULT ON FILE
AGAINST LOUIS PONTARELLI by Judge Dickran Tevrizian: This Court hereby grants
Defendant Louis Pontarelli's Motion to Vacate Entry of Default on file against Louis
Pontarelli [347-1]. This Court orders Pontarelli to file his Answer to the Plaintiff's Third
Amended Consolidated Complaint within 3 days of the filing of this Order or by no later
than 5/22/03 (dw) (Entered: 05/23/2003)
05/19/2003 366 MINUTES by Judge Dickran Tevrizian: Matter called and appearances made. Court
adopts tentative ruling granting motion and instructs clerk to file and process order. CR:
Lori Muraoka (dw) (Entered: 05/23/2003)
05/20/2003 361 CERTIFICATION OF INTERESTED PARTIES filed by defendant Joel T Boehm (dw)
(Entered: 05/21/2003)
05/20/2003 362 ANSWER filed by defendant Joel T. Boehm to Consolidated Fifth amended complaint
[176-1]; jury demand (dw) (Entered: 05/21/2003)
05/20/2003 363 SUPPLEMENTAL Submission of Plaintiffs Relating to motion to compel documents
from Fulbright & Jaworski [358-1] (dw) (Entered: 05/21/2003)
05/22/2003 364 ANSWER filed by defendant Louis Pontarelli to Third Amended Consolidated Class
Action Complaint [172-1] (dw) (Entered: 05/23/2003)
05/27/2003 367 EX PARTE APPLICATION filed by defendants City of Mexico Beach, City of Chicago,
Desert Hot Springs Public Financing Authority and Danforth Health Facilities Corporation
for order to stay the discovery cutoff ; Lodged order (dw) (Entered: 05/28/2003)
05/27/2003 374 ORDER ALLOWING ELECTRONIC SERVICE ON DEFENDANT LOUIS
PONTARELLI by Judge Dickran Tevrizian: IT IS HEREBY ORDERED: For good cause
as reflected in the arguments set forth at the hearing held on 5/19/03 before this Court. 1)
All parties may serve Defendant Louis Pontarelli via electronic service by Verilaw or by
US mail (dw) (Entered: 05/29/2003)
05/28/2003 368 NOTICE OF MOTION AND MOTION by Class Action Plaintiffs to compel documents
from Capital Valuation Group , and for sanctions ; motion hearing set for 9:30 6/18/03
(dw) Modified on 05/29/2003 (Entered: 05/29/2003)
05/28/2003 369 DECLARATION of Brian Barry re Class Action Plaintiff's motion to compel documents
from Capital Valuation Group [368-1], motion for sanctions [368-2] (dw) (Entered:
05/29/2003)
05/28/2003 370 PORTION OF JOINT STIPULATION filed by Class Action Plaintiffs to compel
documents and seek sanctions from Capital Valuation Group (dw) (Entered: 05/29/2003)
05/28/2003 371 Supplemental Memorandum of Law by Defedant Fulbright & Jaworski LLP in opposition
to Plaintiff's motion to compel documents from Capital Valuation Group [368-1];
Declaration of Beong-Soo Kim in support thereof (dw) (Entered: 05/29/2003)
05/28/2003 372 Joinder by Defendant Joel T. Boehm to Ex Parte Application by City of Mexico Beach,
City of Chicago, Desert Hot Springs Public Financing Authority and Danforth Health
Facilities Corporation and Application to Stay the Discovery Cutoff as to Boehm [367-1]
(dw) (Entered: 05/29/2003)
05/28/2003 373 DECLARATION OF SERVICE on 5/28/03. (See document for further information) (dw)
(Entered: 05/29/2003)
05/28/2003 378 MINUTES by Judge Dickran Tevrizian: ORDERED that the following motions are
hereby taken under submission: Defendant City of Chicago's motion to dismiss pursuant
to FRCP 12(b) [183-1]; defendant Danforth Health Facilities Corporation's motion to
dismiss third amended class action complaint and/or motion for more definite statement;
defendant City of Mexico Beach's motion to dismiss third amended consolidated class
action complaint for failure to state a claim [186-1]; defendant Atkinson, Andelson, Loya,
Ruud & Romo's motion to dismiss third amended consolidated class action complaint;
defendant Sabo & Green's motion to dismiss third amended consolidated class action
complaint under FRCP 12(b)(6); defendant Joel T. Boehm's motion to dismiss third
amended consolidated class action complaint; defendants' Michael Sobelman and
Sovelman, Cohen & Sullivan, LLP's motion to dismiss third amended consolidated class
action complaint; defendant Jerold Goldstein's motion to dismiss third amended
consolidated class action complaint [195-1] or for a more definite statement [195-2];
joinder by defendant Larry A. Rubin; defendant Clarke Underwood's motion to dismiss
third amended consolidated class action complaint [196-1]; request for judicial notice;
defendant Stephen P. Goodman's motion to dismiss third amended consolidated class
action complaint per FRCP 12(B)(6) and 4(m) [198-1]; defendant Evan Greenspan, Cary
Medill, Donald Chalker, Andrew Kornreich, and Marshall Wexler's motion to dismiss
plaintiff's third amended complaint [205-1] request for judicial notice; defendant Desert
Hot Springs Public Financing Authority's motion to dismiss third amended consolidated
class action complaint [243-1]; Fulbright and Jaworski LLP's motion to dismiss third
amended consolidated class action complaint [265-1]; Outside Director Defendants'
motion to strike the limited opposition to Rule 12 motions of certain defendants [326-1];
joinder by defendants Jerold Goldstein and Clarke Underwood. CR: none present. (gk)
(Entered: 06/02/2003)
05/29/2003 375 JOINDER by defendants Michael Sobelman and Sobelman Cohen & Sullivan, LLP to ex
parte application by City of Mexico Beach, City of Chicago, Desert Hot Springs Public
Financing Authority and Danforth Health Facilities Corporation and application to stay
the discovery cutoff [367-1] as to the Sobelman defendants. [This document relates to CV
02-00382 DT (RCx)] (gk) (Entered: 05/30/2003)
05/29/2003 376 JOINDER by defendants Jerold V. Goldstein, Clarke Underwood, Richard Kuhl and Geri
Ostlund to ex parte application by municipal defendants to stay discovery cut-off [367-1]
as to Goldstein, Underwood, Kuhl and Ostlund. [This document relates to CV 02-00382
DT (RCx)] (gk) Modified on 05/30/2003 (Entered: 05/30/2003)
05/29/2003 377 EX PARTE APPLICATION filed by Class Action Plaintiffs for order extending discovery
cut off and pretrial date for all parties in all cases . Lodged Proposed Order. [This
document relates to CV 01-05752 and CV 02-00382 DT (RCx)] (gk) (Entered:
05/30/2003)
05/30/2003 379 JOINDER by Defendant Atkinson Andelson Loya Ruud & Romo to Ex parte application
by City of Mexico Beach, City of Chicago Desert Hot Springs Public Financing Authority
and Danforth Health Facilities Corporation and Application to Stay the discovery cutoff
[367-1]; Lodged proposed order (dw) Modified on 06/02/2003 (Entered: 06/02/2003)
05/30/2003 380 JOINDER by Defedants Cbiz Valuation Inc and Zelenkofske Axelrod & Co Ltd to Ex
parte application by City of Mexico Beach, City of Chicago, Desert Hot Springs and
Danforth Health Faicilities Corporation and Application to Stay the Discovery Cutoff
[367-1]. Lodged order. (dw) Modified on 06/02/2003 (Entered: 06/02/2003)
06/02/2003 381 ORDER GRANTING DEFENDANT GOODMAN'S JOINDER IN APPLICATION AND
APPLICATION TO STAY THE DISCOVERY CUT-OFF AS TO DEFENDANT
GOODMAN by Judge Dickran Tevrizian: DENIED (dw) (Entered: 06/05/2003)
06/02/2003 382 ORDER GRANTING ZELENKOFSKE AXELROD & CO LTD AND CIBIZ
VALUATION INC'S JOINDER IN APPLICATION TO STAY DISCOVERY CUTOFF
AS TO ZELENKOFSKE AXELROD & CO LTD AND CBIZ VALUATION by Judge
Dickran Tevrizian: DENIED (dw) Modified on 06/05/2003 (Entered: 06/05/2003)
06/02/2003 384 ORDER GRANTING BOEHM'S JOINDER IN APPLICATION AND APPLICATION
TO STAY THE DISCOVERY CUT-OFF DATE AS TO BOEHM by Judge Dickran
Tevrizian: DENIED (Joinder [372-1]) (dw) (Entered: 06/05/2003)
06/02/2003 385 ORDER GRANTING EX PARTE APPLICATION TO STAY DISCOVERY CUT-OFF
AS TO THE MUNICIPAL ISSUER DEFENDANTS by Judge Dickran Tevrizian:
DENIED (Ex Parte Application [367-1]) (dw) (Entered: 06/05/2003)
06/02/2003 390 ORDER GRANTING ATKINSON ANDELSON LOYA RUUD & ROMO JOINDER IN
APPLICATION TO STAY DISCOVERY CUT-OFF AS TO ATKINSON ANDELSON
LOYA RUUD & ROMO by Judge Dickran Tevrizian: DENIED (Joinder [379-1]) (dw)
(Entered: 06/05/2003)
06/03/2003 386 NOTICE OF MOTION AND MOTION of Attorneys for Defendants John M. Clarey and
James F. Dlugosch, of Gordon & Rees LLP and Arthur Chapman Ketterling Smetak &
Kettering PA for leave to withdraw as counsel for record ; motion hearing set for 10:00
6/30/03 (dw) (Entered: 06/05/2003)
06/03/2003 387 DECLARATION of Kevin W Alexander in support of Motion of Gordon & Rees LLP
and Arthur Chapman Kettering Smetak & Kettering PA for leave to withdraw as counsel
for record [386-1] (dw) (Entered: 06/05/2003)
06/03/2003 388 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT of motion of
Gordon & Rees LLP and Arthur Chapman Kettering Smetak & Kettering PA for leave to
withdraw as counsel for record for James F Dlugosch [386-1] (dw) (Entered: 06/05/2003)
06/03/2003 389 PROOF OF SERVICE on 6/3/03 of Notice of Motion and Motion of Gordon & Rees LLP
and Arhtur Chapman Ketterin Smetak & Kettering PA for Leave to Withdraw as Counsel
of Record for James F. Dlugosch (See document for further information) (dw) (Entered:
06/05/2003)
06/04/2003 391 NOTICE OF MOTION AND MOTION of Gordon & Rees LLP and Arhtur Chapman
Kettering Smetak & Kettering PA for leave to withdraw as counsel of record for James F.
Dlugosch, John M. Clarey & Kenneth E. Dawkins ; motion hearing set for 10:00 6/30/03
Lodged proposed order (dw) (Entered: 06/06/2003)
06/04/2003 392 MEMORANDUM OF POINTS AND AUTHORITES IN SUPPORT of motion for leave
to withdraw as counsel of record for Defendants James F. Dlugosch, John M. Clarey &
Kenneth E. Dawkins [391-1] (dw) (Entered: 06/06/2003)
06/04/2003 393 DECLARATION of Kevin W Alexander in support of motion for leave to withdraw as
counsel of record for James F. Dlugosch, John M. Clarey & Kenneth E. Dawkins [391-1]
(dw) (Entered: 06/06/2003)
06/04/2003 394 PROOF OF SERVICE on 6/3/03 by Defendants John M Clarey, James F Dlugosch &
Kenneth E Dawkins of Notice of Motion and Motion for Leave to Withdraw as Counsel
(dw) (Entered: 06/06/2003)
06/06/2003 395 JOINDER by Defendant Desert Hot Springs Public Financing Authority to ex parte
application for order to stay the discovery cutoff [367-1] (dw) (Entered: 06/09/2003)
06/09/2003 396 SUPPLEMENTAL PROOF OF SERVICE filed by plaintiffs re Request for Production of
Documents (dw) (Entered: 06/10/2003)
06/10/2003 397 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 5/19/03 (Re: ) CR:
Lori Muraoka (pjap) (Entered: 06/12/2003)
06/10/2003 -- TRANSCRIPT filed for proceedings held on 5/19/03 (pjap) (Entered: 06/12/2003)
06/10/2003 398 Notice of Submission of additional Authority in support of Plaintiffs Oppositions to the
Motions to Dismiss filed by Attorney Defendants Fulbright & Jaworski LLP, Sabo &
Green Atkinson, Andelson Loya Ruud & Romeo, Joel T Boehm & The Accountant
Defendants (dw) (Entered: 06/12/2003)
06/11/2003 399 Submission of Recent Authority by Defendant Fulbright & Jaworkski in support of motion
to dismiss 3rd amended consolidated class action complaint [265-1] (dw) (Entered:
06/12/2003)
06/11/2003 400 Submission of Recent Authority by Defendant Fulbright & Jaworksi in support of motion
to dismiss 3rd amended consolidated class action complaint [265-1] (dw) (Entered:
06/12/2003)
06/11/2003 401 MINUTES by Magistrate Judge Rosalyn Chapman: The Court having considered all
papers hereby grants in part and denies in part plaintiffs' motion to compel documents
from defendant Fulbright & Jaworski [358-1] (See document for further information) CR:
None (dw) Modified on 06/17/2003 (Entered: 06/13/2003)
06/11/2003 402 MINUTES (IN CHAMBERS) by Magistrate Judge Rosalyn M. Chapman: Magistrate
Judge Rosalyn M. Chapman hereby discloses that Brian one of plaintiff's attorneys and a
partner in O'Neill Lysaght & Sun is a friend of hers and any party seeking to recuse Judge
Chapman from this action shall file that no later than 10 days from the date of this Order. ;
Discovery status conference set for 9:30 7/16/03 ; The Clerk of Court is ORDERED to
serve this document on plaintiff's and plaintiffs shall serve this document on the other
parties by electronic process. (See document for further information) (cc: all counsel) CR:
None (dw) Modified on 06/17/2003 (Entered: 06/13/2003)
06/17/2003 403 NOTICE OF ERRATA re Notice of motion and Motion of Gordon & Rees LLP and
Arthur Chapman Kettering Smetak & Kettering PA for leave to withdraw as counsel of
record for James F. Dlugosch [391-1] (dw) (Entered: 06/18/2003)
06/17/2003 404 PROOF OF SERVICE on 6/16/03 of Notice of Errata Re Notice of Motion and Motion of
Gordon & Rees LLP and Arthur Chapman Kettering Smetak & Kettering PA for Leave to
Withdraw as Counsel of Record for James F. Dlugosch (dw) (Entered: 06/18/2003)
06/18/2003 405 MINUTES: Proceedings: Plaintiff' motion to compel documents and for sanctions from
Capital Valuation Group. ORDER that Defendant Capital Valuation Group's attorney,
Mary Kohart, is personally sanctioned $500.00 for not complying with Local Rule 37-1,
and those sanctions shall be paid to the Clerk of Court not later than 10 days from the date
of this Order. Granting motion to compel documents from Capital Valuation Group [368-
1], and defendant Capital Valuation Group shall respond without objection to the
plaintiff's first request for production of documents not later than 20 days from the date of
this Order. Granting motion for sanctions [368-2], and defendant Capital Valuation Group
and its attorney, jointly and severally, shall pay plaintiff's attorneys' fees in the total
amount of $1,500.00 no later than 20 days from the date of this Order by Magistrate Judge
Rosalyn M. Chapman CR: none CV-01-5752; 02-0382; 02-0993; 02-2745; 02-6484; 02-
6841; 02-9221. (pbap) (Entered: 06/23/2003)
06/20/2003 406 NOTICE OF MOTION AND MOTION by Defendant Fulbright & Jaworski for partial
reconsideration of 6/11/03 Order Regarding Plaintiffs' Motion to Compel Documents from
Fulbright & Jaworski LLP ; Declaration of Beong-Soo Kim; motion hearing set for 9:30
7/16/03 (dw) (Entered: 06/23/2003)
06/24/2003 407 OPPOSITION by Class Action Plaintiffs to Motion to Reconsider 6/11/03 Order on
Motion to Compel Documents from Fulbright & Jaworski LLP [406-1] (dw) (Entered:
06/25/2003)
06/26/2003 408 Notice of Submission in Support of Class Plaintiff's Oppositions to motion to dismiss
[265-1] (dw) (Entered: 06/27/2003)
06/27/2003 409 ORDER by Judge Dickran Tevrizian: This Court orders the parties to make a revision to
the caption on all documents submitted in regards to In Re Heritage Bond Litigation
namely the MDL case number. The caption on such documents should appear as follows:
IN RE HERITAGE BOND LITIGATION 02-ML-1475-DT. (See document for required
additional caption) (This document relates to CV02-2745 DT (AJWx) (dw) (Entered:
07/01/2003)
06/27/2003 410 ORDER by Judge Dickran Tevrizian: This Court orders the parties to make a revision to
the caption on all documents submitted in regards to In Re Heritage Bond Litigation
namely the MDL case number. The caption on such documents should appear as follows:
IN RE HERITAGE BOND LITIGATION 02-ML-1475-DT (See document for required
additional caption) (This document relates to CV 02-6512-DT (AJWx) (dw) (Entered:
07/01/2003)
06/27/2003 411 ORDER by Judge Dickran Tevrizian: This Court orders the parties to make a revision to
the caption on all documents submitted in regards to In Re Heritage Bond Litigation
namely the MDL case number. The caption on such documents should appear as follows:
IN RE HERITAGE BOND LITIGATION 02-ML-1475 DT. (See document for required
additional caption) (This document relates to CV02-382-DT (RCx) (dw) (Entered:
07/01/2003)
06/27/2003 412 ORDER by Judge Dickran Tevrizian: This Court orders the parties to make a revision to
the caption on all documents submitted in regards to In Re Heritage Bond Litigation
namely the MDL case number. The caption on such documents should appear as follows:
02-ML-1475-DT. (See document for required additional caption) (This document relates
to CV 01-5752 DT (RCx) (dw) (Entered: 07/01/2003)
06/27/2003 413 STIPULATION AND ORDER RE CONTINUANCE OF SCHEDULING
CONFERENCE by Judge Dickran Tevrizian: IT IS SO ORDERED. (dw) (Entered:
07/02/2003)
06/30/2003 414 ORDER GRANTING MOTION OF GORDON & REES LLP AND ARTHUR
CHAPMAN KETTERING SMETAK & KETTERING PA FOR LEAVE TO
WITHDRAW AS COUNSEL OF RECORD FOR JAMES F. DLUGOSCH by Judge
Dickran Tevrizian: This Court grants the Motion of Defendant James F. Dlugosch's
Counsel, G&R and ACKSK to be relieved as Counsel pursuant to Local Rule 83-2.9.2.1
[391-1] [386-1] (This document relates to CV02-382 DT (RCx) (dw) Modified on
07/02/2003 (Entered: 07/02/2003)
06/30/2003 415 MINUTES by Judge Dickran Tevrizian: granting motion of grodn & Rees LLP and Arther
Chapman Kettering Smetak & Kettering PA for leave to withdraw as counsel for record
[386-1] CR: Lori Muraoka (dw) (Entered: 07/03/2003)
06/30/2003 416 MINUTES by Judge Dickran Tevrizian: granting motion of Gordon & Rees LLP and
Arther Chapman Kettering Smetak & Kettering & PA for leave to withdraw as counsel for
record for James F. Dlugosch [386-1] CR: Lori Muraoka (dw) (Entered: 07/03/2003)
06/30/2003 417 ORDER GRANTING MOTION OF GORDON & REES LLP AND ARTHUR
CHAPMAN KETTERING SMETAK & KETTERING PA FOR LEAVE TO
WITHDRAW AS COUNSEL OF RECORD FOR JAMES F. DLUGOSCH by Judge
Dickran Tevrizian: This Court grants the Motion of Defendant James F. Dlugosch's
Counsel G&R and ACKSK [386-1] to be relieved as Counsel pursuant to Local Rule 83-
2.9.2.1. Defendant James F. Dlugosch is hereby designated to represent himself in propria
persona. (See document for further information) (This document relates to CV01-5752-
DT (RCx) (dw) (Entered: 07/03/2003)
07/03/2003 418 STIPULATION TO EXTEND TIME FOR JEROLD V. GOLDSTEIN TO FILE
RESPONSIVE PLEADING TO FIFTH AMENDED COMPLAINT AND ORDER by
Judge Dickran Tevrizian: IT IS SO ORDERED Mr. Goldstein be granted an extension of
time up to and including 7/30/03 to file a responsive pleading to Plaintiff's Fifth Amended
Complaint (dw) (Entered: 07/07/2003)
07/07/2003 419 MINUTES: by Magistrate Judge Rosalyn M. Chapman: The hearing on defendant
Fulbright & Jaworski's motion for partial reconsideration of Order dated 6/11/03 [406-1]
is ORDERED TAKEN OFF CALENDAR and pursuant to Local Rule 7-15 the matter will
be decided in Chambers without oral argument. Plaintiffs shall serve this Order
electronically on all parties. (cc: all counsel via fax) CR: None (dw) (Entered: 07/08/2003)
07/08/2003 421 MINUTES by Magistrate Judge Rosalyn M. Chapman: Court hereby DENIES without
prejudice defendant Fulbright & Jaworski's motion for partial reconsideration of 6/11/03
order regarding plaintiffs' motion to compel documents from Fulbright & Jaworski LLP
[406-1] on the ground it is not ripe. Plaintiffs are ORDERED to serve this Order
electronically on the parties. CR: none. (gk) (Entered: 07/10/2003)
07/09/2003 420 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 6/30/03 (Re:) CR:
Lori Muraoka (consolidated with CV 01-5752, CV 02-382, CV 02-993, CV 02-2745, CV
02-6484, CV 02-6841, CV 02-9221, CV 02-6512) (weap) (Entered: 07/10/2003)
07/09/2003 -- TRANSCRIPT filed for proceedings held on 6/30/03 (weap) (Entered: 07/10/2003)
07/10/2003 423 NOTICE OF CHANGE Of Address filed by attorney for defendant, Virgil Lim: Roman
Mosqueda 3350 Wilshire Blvd., Suite 735, Los Angeles, CA 90010-1824, Tel No. (213)
252-9481; Fax No. (213) 252-5929 (dw) (Entered: 07/15/2003)
07/14/2003 422 ORDER STRIKING FILED DOCUMENT FROM THE RECORD by Magistrate Judge
Rosalyn M. Chapman: IT IS HEREBY ORDERED that the following document shall be
striken from the record and shall not be considered by the Court because discovery
documents are not filed unles they are part of a discovery dispute. Answer to Lead
Plaintiff Ray Stits' First Request for Admissions to all Defendants (Except Larry Rubin)
filed 7/10/03. IT IS FURTHER ORDERED that the document shall not be returned to the
filing party; however the Clerk shall note on the case docket that the document is stricken
from the record. (See document for further information) (cc: all counsel) (dw) (Entered:
07/15/2003)
07/14/2003 424 ASSOCIATION of Counsel by attorney for Defendants, Robert Kasirer, Debra Kasirer,
Canon Realty Corp; Health Care Holdings LLC, CareContinuum LLC, BHMC Corp;
Bistra & Munkacs Holdings Inc and JDDJ Holding LP, of Attorney Gary A. Kurtz as co-
counsel on behalf of Defendants. (This Document relates to CV 02-382 RCx) (dw)
(Entered: 07/15/2003)
07/14/2003 425 ASSOCIATION of Counsel by attorney for Defendants, Robert Kasirer, Debra Kasirer,
Canon Realty Corp; Health Care Holdings LLC, CareContinuuum LLC; BHMC Corp;
Bistra & Munkacs Holdings Inc and JDDJ Holdings LP; Gary A. Kurtz as co-counseli for
defendants; (This Document Relates to CV01-5752 DT RCx) (dw) (Entered: 07/15/2003)
07/15/2003 426 NOTICE OF ASSOCIATION of Counsel by attorneys for Defendants Michael Sobelman
and Sobelman, Cohen & Sullivan LLP; Dennis Neil Jones as co-counsel for defendants
(This document relates to CV02-6512 DT AJWx) (dw) (Entered: 07/16/2003)
07/16/2003 427 MINUTES (IN CHAMBERS) by Magistrate Judge Rosalyn M. Chapman: The Court
pursuant to its equitable powers and Federal Rule of Civil Procedure 1, HEREBY
ORDERS: 1) For the purpose of making or defending discovery motions before this Court
the following counsel are designated as lead discovery attorney for plaintiffs Brian Barry;
Lead discovery attorneys for defendants shall be a) Gary Kurtz for Kasirers, (See
document for additional attorneys). 3) Discovery plan to be filed by 8/29/03; 5)
Commencing 9/2/03 & continuing on the first Monday of each month thereafter until
discovery is completed the parties shall submit to Judge Chapman by fax a discovery
status report. (See document for further information) CR: None (dw) (Entered:
07/18/2003)
07/16/2003 428 MINUTES by Magistrate Judge Rosalyn M. Chapman: The case was called for a
discovery status conference and the Court advised the parties that a General Discovery
Order would issue. CR: N/A (dw) (Entered: 07/21/2003)
07/25/2003 429 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 6/11/03 (Re:) CR:
Dorothy Babykin (weap) (Entered: 07/28/2003)
07/25/2003 -- TRANSCRIPT filed for proceedings held on 6/11/03 (weap) (Entered: 07/28/2003)
07/30/2003 430 ANSWER filed by defendant Jerold V. Goldstein to Consolidated Fifth amended
complaint [176-1] (dw) (Entered: 07/31/2003)
07/30/2003 431 NOTICE OF MOTION AND MOTION by Plaintiff, The Bank of New York to enlarge
time to file motion to substitute proper party ; motion hearing set for 10:00 8/25/03;
Lodged order (dw) (Entered: 08/05/2003)
07/30/2003 432 MEMORANDUM of points and authorities by plaintiff The Bank of New York in support
of motion to enlarge time to file motion to substitute proper party [431-1] (dw) (Entered:
08/05/2003)
07/30/2003 433 DECLARATION of Christopher F. Wong in support of petitioner The Bank of New
York's motion to enlarge time to file motion to substitute proper party [431-1] (dw)
(Entered: 08/05/2003)
08/04/2003 434 JOINDER by Class Plaintiffs' in Motion of Bank of New York to Enlarge Time to
Substitute Party (dw) (Entered: 08/05/2003)
08/04/2003 435 DECLARATION of Brian Barry in support of Class Plaintiffs' Joinder in motion of Bank
of New York to enlarge time to substitute party [431-1] (dw) (Entered: 08/05/2003)
08/04/2003 -- FINANCIAL ENTRY Sanction of $500 paid Mary Kohart per Civil Minute dated
06/18/03 [405-1] (jp) (Entered: 09/10/2003)
08/05/2003 451 MINUTES (IN CHAMBERS) by Magistrate Judge Rosalyn M. Chapman: Telephonic
conference was held on 8/5/03. Brian Barry attorney at law appeared on behalf of the
plaintiffs. Lee Wood, Gary Kurtz, Charles R. Grebing, Dnenis Neil Jones and Steven R.
Skirvin attorneys-at-law appeared on behalf of the defendants. The Court advised the
parties of its intention regarding paragraph 5 in the General Discovery Order. CR: N/A
(dw) (Entered: 08/12/2003)
08/06/2003 436 PROOF OF SERVICE on 8/6/03 of Substitution of Attorney by Defendants (This
Document relates to CV02-382 DT (RCx) (dw) Modified on 08/07/2003 (Entered:
08/07/2003)
08/06/2003 437 PROOF OF SERVICE on 8/6/03 of Substitution of Attorney by defendants (This
Document Relates to CV01-5752 DT (RCx) (dw) (Entered: 08/07/2003)
08/07/2003 438 SUBSTITUTION OF ATTORNEY: filed by attorney for defendant Health Care Holdings
LLC terminating Gary A. Kurtz and substituting attorney Gary A. Kurtz by Judge Dickran
Tevrizian (dw) (Entered: 08/08/2003)
08/07/2003 439 ATTORNEY SUBSTITUTION: by defendant JDDJ Holdings LP terminating Michael F.
Wright and substituting attorney Gary A. Kurtz by Judge Dickran Tevrizian (dw)
(Entered: 08/08/2003)
08/07/2003 440 SUBSTITUTION OF ATTORNEY filed by defendant Bistra & Munkacs Holding Inc:
terminating Michael F. Wright and substituting Gary A. Kurtz attorney by Judge Dickran
Tevrizian [This document relates to CV02-382] (dw) (Entered: 08/08/2003)
08/07/2003 441 SUBSTITUTION OF ATTORNEY by defendant Debra Kasirer: terminating Michael F.
Wright and substituting attorney Gary A. Kurtz by Judge Dickran Tevrizian. (This
document relates to CV02-382 DT (RCx) (dw) (Entered: 08/08/2003)
08/07/2003 442 SUBSTITUTION OF ATTORNEY by defendant CareContinuum LLC: terminating
Attorney Michael F. Wright and substituting attorney Gary A. Kurtz by Judge Dickran
Tevrizian (This document relates to CV02-382 RCx) (dw) (Entered: 08/08/2003)
08/07/2003 443 SUBSTITUTION OF ATTORNEY: by Defendant Robert Kasirer terminating Attorney
Michael F. Wright and substituting attorney Gary A. Kurtz by Judge Dickran Tevrizian
(This document relates to CV02-382) (dw) (Entered: 08/08/2003)
08/07/2003 444 SUBSTITUTION OF ATTORNEY by defendant Health Care Holding LLC terminating
Attorney Michael F. Wright and substituting attorney Gary A. Kurtz by Judge Dickran
Tevrizian (This document relates to CV02-382 DT (RCx) (dw) (Entered: 08/08/2003)
08/07/2003 445 SUBSTITUTION OF ATTORNEY by Defendant JDDJ Holdings LP terminating attorney
Michael F. Wright and substituting attorney Gary A. Kurtz by Judge Dickran Tevrizian
(This document realtes to CV02-382 DT (RCx) (dw) (Entered: 08/08/2003)
08/07/2003 446 SUBSTITUTION OF ATTORNEY: by defendant BHMC Corp. terminating attorney
Michael F. Wright and substituting attorney Gary A. Kurtz by Judge Dickran Tevrizian
(This document relates to CV01-5752 DT (RCx) (dw) (Entered: 08/08/2003)
08/07/2003 447 SUBSTITUTION OF ATTORNEY filed by defendant Debra Kasirer terminating
Attorney Michael F. Wright and substituting attorney Gary A. Kurtz by Judge Dickran
Tevrizian. (This document relates to CV01-5752 DT (RCx) (dw) (Entered: 08/08/2003)
08/07/2003 448 SUBSTITUTION OF ATTORNEY: by defendant Robert A. Kasirer and terminating
Michael F. Wright and substituting attorney Gary A. Kurtz by Judge Dickran Tevrizian
(This document relates to CV01-5752 DT (RCx) (dw) (Entered: 08/08/2003)
08/07/2003 449 SUBSTITUTION OF ATTORNEY by defendant Debra Kasirer individually terminating
Attorney Michael F. Wright and substituting attorney Gary A. Kurtz by Judge Dickran
Tevrizian (This document relates to CV01-5752 DT (RCx) (dw) (Entered: 08/08/2003)
08/07/2003 450 SUBSTITUTION OF ATTORNEY: by Defendant Canon Realty Corporation terminating
Attorney Michael F. Wright and substituting attorney Gary A. Kurtz by Judge Dickran
Tevrizian. (This Document relates to CV01-5752 DT (RCx) (dw) (Entered: 08/08/2003)
08/08/2003 452 SUBSTITUTION OF ATTORNEY: filed by defendant Carecontinuum LLC terminating
Attorney Michael F. Wright and substituting Gary A. Kurtz. by Judge Dickran Tevrizian
(This document relates to CV 01-5752 DT (RCx) (dw) Modified on 08/12/2003 (Entered:
08/12/2003)
08/11/2003 453 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION to Bank of New
York's motion to enlarge time to file motion to substitute proper party [431-1] (This
document relates to CV02-2745 DT (AJWx) (dw) Modified on 08/12/2003 (Entered:
08/12/2003)
08/11/2003 454 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by Defendants
Evan Greenspan, Cary Medill, Donald Chalker Andrew Kornreich and Marshall Wexler,
Herbert Saltzman to Plaintiff's Joinder in Motion of Bank of York's to enlarge time to
substitute party [431-1] (This Document relates to CV02-382 DT (RCx) (dw) Modified on
08/12/2003 (Entered: 08/12/2003)
08/11/2003 455 DECLARATION of Francis A. Bottini Jr by Defendants Evan Greenspan, Cary Medill,
Donald Chalker, Anderew Kornreich, Marshall Wexler, Herrbert Saltzman in support of
Opposition to the Bank of New York's motion to enlarge time to file motion to substitute
proper party [431-1] (This document relates to CV 02-2745 DT (AJWx) (dw) Modified on
08/13/2003 (Entered: 08/13/2003)
08/13/2003 456 STIPULATED PROTECTIVE ORDER by Magistrate Judge Rosalyn M. Chapman re
financial disclosure (dmjr) (Entered: 08/14/2003)
08/15/2003 457 MINUTES (IN CHAMBERS) AMENDED GENERAL DISCOVERY ORDER by
Magistrate Judge Rosalyn M. Chapman: The Court pursuant to its equitable powers and
Federal Rule of Civil Procedure 1 HEREBY ORDERS: 1) Lead discovery attorneys for
the following groups of plaintiffs shall be: a) Lisa A. Roquemore. (See document for
additional attorneys) 3) All lead discovery counsel shall meet and confer no later than
8/15/03 to draft a discovery plan to be filed with the Clerk of Court no later than 8/29/03.
5) Commencing 9/2/03 and continuing on the first Monday of each month thereafter until
discovery is completed the parties shall submit to Judge Chapman by facsimile but need
not file with the Clerk of Court a discovery status report. (See document for further
information) (cc: all parties via fax. Defendants faxed to Plaintiffs' counsel for service on
all parties) CR: None (dw) Modified on 08/18/2003 (Entered: 08/18/2003)
08/15/2003 458 JOINT STIPULATION filed by defendants, class action plaintiffs re Modifications to
General Discovery Order of 7/16/03 (This document relates to CV02-382 DT RCx) (dw)
(Entered: 08/18/2003)
08/15/2003 473 STIPULATION AND ORDER RE SUBSTITUTION OF THE ESTATE OF ANDREW
KORNREICH, DECEASED by Judge Dickran Tevrizian: IT IS SO ORDERED. (See
document for further information) (dw) (Entered: 08/21/2003)
08/18/2003 459 ORDER GRANTING DEFENDANT CITY OF CHICAGO'S MOTION TO DSIMISS
PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12 (b)(6) by Judge
Dickran Tevrizian: This Court grants with prejudice and without leave to amend
Defendant City of Chicago's Motion to Dismiss Pursuant to Federal Rules of Civil
Procedure 12(b)(6) [183-1] (This Document Relates to CV 02-382 DT (RCx) (dw)
(Entered: 08/19/2003)
08/18/2003 460 ORDER GRANTING DEFENDANT CITY OF MEXICO BEACH'S MOTION TO
DISMISS THIRD AMENDED CONSOLIDATED CLASS ACTION COMPLAINT FOR
FAILURE TO STATE A CLAIM by Judge Dickran Tevrizian: This Court grants with
prejudice and without leave to amend Defendant City of Mexico Beach's Motion to
Dismiss Third Amended Consolidated Class Action Complaint for Failure to State a
Claim. [186-1] (This Document Relates to CV 02-382 DT (RCx) (dw) (Entered:
08/19/2003)
08/18/2003 461 ORDER GRANTING DEFENDANT DESERT HOT SPRINGS PUBLIC FINANCING
AUTHORITY'S MOTION TO DISMISS THIRD AMENDED CONSOLIDATED
CLASS ACTION COMPLAINT FOR FAILURE TO STATE A CLAIM by Judge
Dickran Tevrizian: This Court grants with prejudice and without leave to amend Desert
Hot Springs Public Financing Authority's Motion to dismiss 3rd Amended Consolidated
Class Action Complaint for failure to state a claim [243-1] (dw) (Entered: 08/20/2003)
08/18/2003 462 ORDER GRANTING DEFENDANT DANFORTH HEALTH FACILITIES
CORPORATION'S MOTION TO DISMISS THIRD AMENDED CONSOLIDATED
CLASS ACTION COMPLAINT AND/OR MOTION FOR MORE DEFINITE
STATEMENT by Judge Dickran Tevrizian: This Court grants with prejudice and without
leave to amend Defendant Danforth Health Facilities Corporation's Motion to Dismiss
Third Amended Consolidated Class Action Complaint and/or Motion for a More Definite
Statement. (This Document relates to CV02-382 DT (RCx) (dw) (Entered: 08/20/2003)
08/18/2003 463 ORDER GRANTING DEFENDANTS MICHAEL SOBELMAN AND SOBELMAN
COHEN & SULLIVAN LLP'S MOTION TO DISMISS THIRD AMENDED
CONSOLIDATED CLASS ACTION COMPLAINT by Judge Dickran Tevrizian: This
Court grants Defendants Michael Sobelman and Sobelman, Cohen & Sullivan LLP's
Motion to Dismiss Third Amended Consolidated Class Action Complaint without
prejudice and with 30 days leave to amend (This Document relates to CV02-382 DT
(RCx) (dw) (Entered: 08/20/2003)
08/18/2003 464 ORDER 1) GRANTING ATTORNEY DEFENDANTS' JOINT REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF RESPECTIVE MOTIONS TO DISMISS THIRD
AMENDED CONSOLIDATED CLASS ACTION COMPLAINT; AND 2) GRANTING
IN PART AND DENYING IN PART DEFENDANT ATKINSON ANDELSON LOYA
RUUD AND ROMO'S MOTION TO DISMISS THIRD AMENDED CONSOLIDATED
CLASS ACTION COMPLAINT by Judge Dickran Tevrizian: This Court grants Attorney
Defendants' Joint Request for Judicial Notice in Support of Respective Motions to Dismiss
Third Amended Consolidated Class Action Complaint and grants in part and denies in part
Defendant Atkinson Andelson Loya Ruud & Romo's Motion to Dismiss Third Amended
Consolidated Class Action Complaint. (See document for further information) (dw)
(Entered: 08/20/2003)
08/18/2003 465 ORDER by Judge Dickran Tevrizian: finding the motion to strike the limited opposition
of US Trust Defendants to 12 Motions of Certain Defendants [326-1] moot and Denying
Request for Judical Notice in support of Limited Oppositoin of US Trust Defendants to
Rule 12 Defendants as moot (dw) (Entered: 08/20/2003)
08/18/2003 466 ORDER 1) GRANTING REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THE
HERITAGE OUTSIDE DIRECTOR DEFENDANTS' MOTON TO DISMISS THIRD
AMENDED COMPLAINT; AND 2) GRANTING OUTSIDE DIRECTOR
DEFENDANTS' MOTION TO DISMISS THIRD AMENDED COMPLAINT by Judge
Dickran Tevrizian: This Court grants Request for Judicial Notice in Support of the
Heritage Outside Director Defendants' Motions to Dismiss Third Amended Complaint and
grants Outside Director Defendants' Motion to Dismiss Third Amended Complaint [205-
1]. (See document for further information) (This Document relates to CV 02-382 (RCx)
(dw) (Entered: 08/20/2003)
08/18/2003 467 ORDER by Judge Dickran Tevrizian granting Defendant Clarke Underwood's motion to
dismiss 3rd amended consolidated class action complaint [196-1]: This Court grants
Underwood's motion to dismiss the Fifth Cause of Action for Negligence without
prejudice and with 30 days leave to amend and grants Underwood's motion to dismiss the
6th Cause of Action for Breach of Fiduciary Duties with prejudice and without leave to
amend. (This Document Relates to CV02-382 DT (RCx) (dw) (Entered: 08/20/2003)
08/18/2003 468 ORDER by Judge Dickran Tevrizian: 1) GRANTING REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF MOTIONS TO DISMISS FILED BY JEROLD V
GOLDSTEIN AND CLARKE UNDERWOOD; 2) GRANTING SUPPLEMENTAL
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTIONS TO DISMISS
FILED BY JEROLD V GOLDSTEIN AND CLARKE UNDERWOOD; and 3)
GRANTING IN PART AND DENYING IN PART DEFENDANT JEROLD
GOLDSTEIN'S MOTION TO DISMISS THIRD AMENDED CONSOLIDATED CLASS
ACTION COMPLAINT OR FOR A MORE DEFINITE STATEMENT. [195-1] (See
document for further information) (This Document relates to CV02-382 DT (RCx) (dw)
(Entered: 08/20/2003)
08/18/2003 469 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT STEPHEN
GOODMAN'S MOTION TO DISMISS THIRD AMENDED CONSOLIDATED CLASS
ACTION COMPLAINT by Judge Dickran Tevrizian: This Court GRANT in part DENY
in part Stephen Goodman's motion to dismiss 3rd amended consolidated class action
complaint [198-1] (This Document Relates to CV02-382 DT (RCx) (dw) (Entered:
08/20/2003)
08/18/2003 470 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT JOEL T.
BOEHM'S MOTION TO DISMISS THIRD AMENDED CONSOLIDATED CLASS
ACTION COMPLAINT by Judge Dickran Tevrizian: This Court grants in part and denies
in part Defendant Joel T. Boehm's Motion to Dismiss the Third Amended Consolidated
Class Action Complaint (See document for further information) (This Document relates to
CV02-382 DT (RCx) (dw) (Entered: 08/20/2003)
08/18/2003 471 ORDER GRANTING DEFENDANT FULBRIGHT & JAWORSKI LLP'S MOTION TO
DISMISS THIRD AMENDED CONSOLIDATED CLASS ACTION COMPLAINT by
Judge Dickran Tevrizian: This Court grants Defendant Fulbright & Jaworski's Motion to
Dismiss Third Amended Consolidated Class Action Complaint [265-1] with prejudice and
without leave to amend (dw) (Entered: 08/20/2003)
08/18/2003 472 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SABO AND
GREEN'S MOTION TO DISMISS THE THIRD AMENDED CONSOLIDATED CLASS
ACTION COMPLAINT by Judge Dickran Tevrizian: This Court grants in part and denies
in part Defendant Sabo & Green's Motion to Dismiss Third Amended Consolidated Class
Action Complaint. (See document for further information) (This document relates to
CV02-382 DT (RCx) (dw) (Entered: 08/20/2003)
08/18/2003 474 STIPULATION AND ORDER by Judge Dickran Tevrizian RE WITHDRAWAL AS
COUNSEL OF RECORD FOR JAMES F. DLUGOSCH: IT IS SO ORDERED. (See
document for further information) (This document relates to CV 02-382 DT RCx) (dw)
(Entered: 08/21/2003)
08/20/2003 475 NOTICE OF CHANGE Of Address filed by atty John W Cotton for defendant City of
Chicago (dmjr) (Entered: 08/21/2003)
08/29/2003 476 JOINT RULE 26 DISCOVERY PLAN filed; est length of trial: no trial estimate given
(dw) (Entered: 09/02/2003)
09/09/2003 477 FURTHER STIPULATION AND ORDER RE SCHEDULING CONFERENCE by Judge
Dickran Tevrizian: IT IS SO ORDERED: 1) The Rule 16(b) scheduling conference in the
Heartland Receiver Action currently set for 9/22/03 may be taken off calendar. 3)
Pursuant to Stipulation of the parties the Court orders that parties in the Heartland
Receiver Action be bound by the dates set by the Court in the remaining consolidated
MDL Case 02-MDL 1475 DT. 3) The foregoing stipulations are without prejudice to such
further stipulation, motion and/or application as the Heartland Receiver and/or US Trust
Texas may submit to this court regarding this subject matter. (dw) (Entered: 09/11/2003)
09/15/2003 478 NOTICE OF CHANGE Of Address filed by class action plaintiffs attorneys: Matthew Ide
of Cohen Milstein Hausfeld & Toll PLLC's Seattle office is no longer involved in this
matter. All future pleadings and correspondence should be directed to: Steven J. Toll;
Daniel S Sommers; Joshua S Devore, Julie Goldsmith of Cohen Milstein Hausfeld & Toll
PLLC 1100 New York Avenue NW West Tower Suite 500 Washington DC 20005 (dw)
(Entered: 09/16/2003)
09/15/2003 479 NOTICE OF MOTION AND MOTION by Plaintiffs for reconsideration of Order
Dismissing Claims pursuant to Local Rule 7-18 , or alternatively for certification of Order
as Final ; hearing set for 10:00 10/6/03; Lodged proposed order (dw) Modified on
09/16/2003 (Entered: 09/16/2003)
09/15/2003 480 MEMORANDUM IN SUPPORT of Plaintiffs motion for reconsideration of Order
Dismissing Claims pursuant to Local Rule 7-18 [479-1] (dw) (Entered: 09/16/2003)
09/15/2003 481 NOTICE OF MOTION AND MOTION by plaintiffs for reconsideration of Order
Dismissing Claims against Jerold Goldstein pursuant to Local Rule 7-18 ; motion hearing
set for 10:00 10/6/03; Lodged proposed order (dw) (Entered: 09/16/2003)
09/15/2003 482 DECLARATION of Brian Barry by plaintiffs in support of plaintiff's motion for
reconsideration of Order Dismissing Claims against Jerold Goldstein to Local Rule 7-18
[481-1] (dw) (Entered: 09/16/2003)
09/15/2003 483 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiffs of
motion for reconsideration of Order Dismissing Claims against Jerold Goldstein pursuant
Local Rule 7-18 [481-1] (dw) (Entered: 09/16/2003)
09/17/2003 484 FOURTH AMENDED COMPLAINT [172-1] filed by class action plaintiffs; jury
demand. Summons not issued (dw) Modified on 09/19/2003 (Entered: 09/19/2003)
09/22/2003 485 OPPOSITION to motion for reconsideration of Order Dismissing Claims against Jerold
Goldstein pursuant to Rule 7-18 [481-1] (dw) (Entered: 09/24/2003)
09/23/2003 486 MINUTES (IN CHAMBERS) by Judge Dickran Tevrizian: continuing hearing on motion
for reconsideration of Order Dismissing Claims against Jerold Goldstein to Local Rule 7-
18 [481-1] continued to 10:00 10/20/03; BRIEFING SCHEDULE SHALL REMAIN THE
SAME. CR: Lori Muraoka (dw) (Entered: 09/24/2003)
09/23/2003 487 STIPULATION AND ORDER TO CONTINUE THE HEARING DATE FOR CLASS
ACTION LEAD PLAINTIFFS' MOTION FOR RECONSIDERATION OF ORDER
DISMISSING CLAIMS PURSUANT TO LOCAL RULE 7-18 OR ALTERNATIVELY
FOR CERTIFICATION OF ORDER AS FINAL PURSUANT TO FEDERAL RULE
CIVIL PROCEDURE 54(b) by Judge Dickran Tevrizian: IT IS SO ORDERED: that the
hearing on Class Action Lead Plaintiffs' Motion for Reconsideration shall be heard on
10/20/03 at 10:00. Opposing papers shall be due 10/3/03 and reply papers shall be due
10/10/03. (dw) (Entered: 09/24/2003)
09/25/2003 488 REPLY by class action plaintiffs to response to motion for reconsideration of Order
Dismissing Claims against Jerold Goldstein pursuant to Local Rule 7-18 [481-1] (dmjr)
(Entered: 09/26/2003)
09/29/2003 489 NOTICE OF MOTION AND MOTION by Outside Director Defendants to dismiss fourth
amended complaint ; motion hearing set for 10:00 11/3/03; Lodged order (dw) (Entered:
09/30/2003)
09/29/2003 490 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT of the Outside
Director Defendants' motion to dismiss fourth amended complaint [489-1] (dw) (Entered:
09/30/2003)
09/29/2003 -- SUMMONS on fourth amended consolidated class action complaint issued as to
defendants. (See document for further information) (dw) (Entered: 09/30/2003)
09/30/2003 491 Joinder of Defendant Estate of Andrew Kornreich in the Outside Director Defendants'
Motion to Dismiss Fourth amended complaint [489-1] (dw) (Entered: 10/02/2003)
10/03/2003 492 SUBSTITUTION OF ATTORNEY: terminating Attorneys for Defendant Paul R.
Ekholm, Dorsey & Whitney LLP and substituting attorney Diane L Dragan by Judge
Dickran Tevrizian (dw) (Entered: 10/06/2003)
10/03/2003 493 SUBSTITUTION OF ATTORNEY: terminating attorneys Jeffrey L Sikkema, Brian E
Palmer, Heather J Klaas for Defendant Kenneth R Larsen in 2:02-ml-01475 and
substituting Attorney Diane L Dragan by Judge Tevrizian (dw) (Entered: 10/06/2003)
10/03/2003 494 SUBSTITUTION OF ATTORNEY: terminating attorneys Jeffrey L Sikkema, Brian E
Palmer, Heather J Klaas for Steven W Erickson in 2:02-ml-01475 by defendant Steven W
Erickson substituting attorney Diane L Dragan by Judge Dickran Tevrizian (dw) (Entered:
10/06/2003)
10/03/2003 495 SUBSTITUTION OF ATTORNEY: terminating attorneys Jeffrey L Sikkema, Brian E
Palmer, Heather J Klaas for defendant Edward J Hentges in 2:02-ml-01475 by defendant
Edward J Hentges and substituting attorney Diane L Dragan by Judge Dickran Tevrizian
(dw) (Entered: 10/06/2003)
10/03/2003 496 OPPOSITION by defendant Fulbright & Jaworski LLP to motion for reconsideration of
Order Dismissing Claims pursuant to Local Rule 7-18 or alternatively for certification of
order as final [479-1] (dw) (Entered: 10/06/2003)
10/03/2003 497 REQUEST for Judicial Notice by Defendant Fulbright & Jaworski LLP in support of
Opposition to motion for reconsideration of Order Dismissing Claims pursuant to Local
Rule 7-18 [479-1] (dw) (Entered: 10/06/2003)
10/09/2003 498 ANSWER filed by Defendant Alan J. Pollak to Fourth Amended Consolidated Class
Action Complaint [484-1] (dw) (Entered: 10/10/2003)
10/09/2003 499 NOTICE OF INTERESTED PARTIES filed by defendant Alan J. Pollak (dw) (Entered:
10/10/2003)
10/10/2003 500 NOTICE OF MOTION AND MOTION by Class Action Plaintiffs to compel production
of SEC Deposition Transcripts Documents from the Accountant Defendants (dw)
(Entered: 10/14/2003)
10/10/2003 501 DECLARATION of Brian Barry in support of Class Action Plaintiffs'motion to compel
production of SEC Deposition Transcripts Documents from the Accountant Defendants
[500-1] (dw) (Entered: 10/14/2003)
10/10/2003 503 NOTICE OF MOTION AND MOTION by Class Action Plaintiffs to compel production
of SEC Deposition Transcripts from Heritage and Miller & Schroeder Defendants (dw)
Modified on 10/14/2003 (Entered: 10/14/2003)
10/10/2003 504 DECLARATION of Brian Barry in support of Class Action Plaintiff's motion to compel
production of SEC Deposition Transcripts from Heritage and Miller & Schroeder
Defendants [503-1] (dw) (Entered: 10/14/2003)
10/10/2003 506 REPLY MEMORANDUM by Class Action Plaintiffs in support of Motion for
Reconsideration or alternatively for Certification of Order as Final [479-1] (dw) (Entered:
10/14/2003)
10/10/2003 502 JOINT STIPULATION filed by parties in support of Motion to Compel Production of
SEC Deposition Transcripts from the Accountant Defendants (dw) (Entered: 10/14/2003)
10/10/2003 505 JOINT STIPULATION filed by parties in support of Motion to Compel Production of
SEC Deposition Transcripts from Miller & Schroeder and Heritage Defendants (dw)
(Entered: 10/14/2003)
10/14/2003 507 NOTICE OF MOTION AND MOTION by Class Action Plaintiffs to compel production
of SEC Deposition Transcript Documents from Joel Boehm ; motion hearing set for 9:30
11/12/03 (dw) (Entered: 10/15/2003)
10/14/2003 508 DECLARATION of Brian Barry in support of motion to compel production of SEC
Deposition Transcript Documents from Joel Boehm [507-1] (dw) (Entered: 10/15/2003)
10/14/2003 509 DECLARATION of Charles R Grebing by Defendant Joel T Boehm in support of
Opposition to motion to compel production of SEC Deposition Transcript Documents
from Joel Boehm [507-1] (dw) (Entered: 10/15/2003)
10/14/2003 510 JOINT STIPULATION filed by parties in support of Motion to Compel Production of
SEC Deposition Transcripts from Joel T Boehm (dw) (Entered: 10/15/2003)
10/20/2003 511 OPPOSITION by Class Action Plaintiffs' Opposition to the Outside Director Defendants'
Motion to Dismiss and the Joinder of Defendant Estate of Anderew Kornreich (dw)
(Entered: 10/21/2003)
10/20/2003 512 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION
FOR RECONSIDERATION OF ORDER DISMISSING CLAIMS AGAINST JEROLD
GOLDSTEIN PURSUANT TO LOCAL RULE 7-18 by Judge Dickran Tevrizian: This
Court grants in part and denies in part Plaintiff's Motion for Reconsideration [481-1] as
follows: 1) This Court will revive the First and Second Causes of Action as to the East
Houston Offering; however 2) this Court will not modify its holding dismissing the Third
and Fourth Causes of Action with respect to non-Miller & Schroeder purchasers regarding
the fourth through seventh offerings (dw) (Entered: 10/22/2003)
10/20/2003 MINUTES DISCOVERY TELEPHONIC CONFERENCE by Magistrate Judge Rosalyn
513 M. Chapman: Telephonic conference was held on 10/20/03 regarding two discovery
motions filed by the plaintiffs Brian Barry attorney at law appeared on behalf of the
plaintiffs. The Court ruled orally on both motions and ordered the plaintiffs' counsel to
lodge two proposed orders no later than 10/24/03. CR: N/A (dw) (Entered: 10/22/2003)
10/20/2003 514 ORDER 1) GRANTING FULBRIGHT & JAWORSKI LLP'S REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO MOTION FOR
RECONSIDERATION OF ORDER DISMISSING CLAIMS PURSUANT TO LOCAL
RULE 7-18 OR ALTERNATIVELY FOR CERTIFICATION OF ORDER AS FINAL
PURSUANT TO FEDERAL RULE CIVIL PROCEDURE 54(b); 2) DENYING
PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER DISMISSING
CLAIMS PURSUANT TO LOCAL RULE 7-18; AND 3) GRANTING
CERTIFICATION OF ORDER AS FINAL PURSUANT TO FEDERAL RULE CIVIL
PROCEDURE 54(b) by Judge Dickran Tevrizian (This Document relates to CV02-382
DT (RCx) This Court grants Defendant Fulbright & Jaworski LLP's Request for Judicial
Notice in Support of Opposition to Motion for Reconsideration of Order Dismissing
Claims Pursuant to Local Rule 7-18 or Alternatively for Certification of Order as Final
Pursuant to Federal Rule Civil Procedure 54(b) [497-1] b) denies Plaintiff's Motion for
Reconsideration of Order Dismissing Claims pursuant to Local Rule 7-18 [479-1], and
grants Plaintiff's Motion for certification of Order as Final Pursuant to Federal Rule Civil
Procedure 54(b) [479-2] (dw) (Entered: 10/22/2003)
10/20/2003 515 MINUTES by Judge Dickran Tevrizian HEARING 1) Motion for Reconsideration of
Order Dismissing Claims Against Jerold Goldstein Pursuant to Local Rule 7-18; 2)
Motion for Reconsideration of Order Dismissing Claims Pursuant to Local Rule 7-18 or
alt for Certification of Order as Final Pursuant to Federal Rule Civil Procedure 54(b); 3)
Defendant & Jaworski's Request for Judicial Notice: Matter called and appearances made.
After argument Court adopts tentative rulings and signs orders. Motion 1 is granted in part
and denied in part; Motion 2 is denied; the request for judicial Notice is granted. CR: Lori
Muraoka (dw) (Entered: 10/22/2003)
10/20/2003 -- PLACED IN FILE - NOT USED: [Proposed] Order Granting Plaintiffs' Motion for
Reconsideration of Order Dismissing Claims Pursuant to Local Rule 7-18 or alternatively
for Certification of Order as Final lodged on 9/15/03 (dw) (Entered: 11/07/2003)
10/20/2003 -- PLACED IN FILE - NOT USED: [Proposed] Order Granting Motion of Gordon & Rees
LLP and Arthur Chapman Kettering Smetak & Kettering PA for Leave to Withdraw as
Counsel of Record for James F Dlugosch lodged on 6/4/03 (dw) (Entered: 11/07/2003)
10/20/2003 -- PLACED IN FILE - NOT USED: [PROPOSED] ORDER GRANTING PLAINTIFF'S
MOTION FOR RECONSIDERATION OF ORDER DISMISSING CLAIMS AGAINST
JEROLD GOLDSTEIN lodged on 9/15/03 (dw) (Entered: 11/07/2003)
10/20/2003 -- PLACED IN FILE - NOT USED: [PROPOSED] ORDER ENLARGING TIME TO FILE
MOTION TO SUBSTITUTE PARTY lodged on 8/4/03 (dw) (Entered: 11/07/2003)
10/21/2003 516 ORDER ON MOTION TO COMPEL PRODUCTION OF SEC DEPOSITION
TRANSCRIPTS DOCUMENTS FROM THE ACCOUNTANT DEFENDANTS by
Magistrate Judge Rosalyn M. Chapman: IT IS HEREBY ORDERED THAT: 1) Michael
Sobelman is Ordered to rpoduce his SEC Transcript to the Class Plaintiffs within 10 days
of entry of this Order; 2) Defendant Sobelman, Cohen & Sullivan LLP is ordered to
produce the SEC Transcripts of Lori Hoffman and Ada Lee Sullivan to the Class Plaintiffs
within 10 days of receipt of those transcripts [500-1] (dw) (Entered: 10/23/2003)
10/21/2003 524 ORDER ON MOTION TO COMPEL PRODUCTION OF SEC DEPOSITION
TRANSCRIPTS FROM MILLER AND SCHROEDER AND HERITAGE
DEFENDANTS by Magistrate Judge Rosalyn M. Chapman: IT IS HEREBY ORDERED
THAT: 1) Jerold Goldstein is Ordered to produce his SEC Transcript to the Class
Plaintiffs within 10 days of entry of this Order. 2) Onofrio Vincent Bertolini, James E
Iverson and John M. Clarey are ordered to produce their SEC Transcripts to the Class
Plaintiffs within 10 days of receiving them. 3) Herbert Saltzman, Virgil Lim, Andrew
Kornreich, Donald B Chalker, Marshall Wexler, Cary Medill, Victor Dhooge and Paul R.
Ekholm are Ordered to send a letter to the SEC requesting a copy of their Transcript
within 2 business days of entry of this Order. (See document for further information)
(Motion [503-1]) (This document relates to CV02-382) (dw) (Entered: 11/04/2003)
10/22/2003 517 ANSWER filed by Defendant Healthcare Financial Solutions to Fourth Amended
Consolidated Class Action Complaint [484-1]; and demand for jury trial (This Document
relates to CV02-382 DT (RCx) (dw) (Entered: 10/23/2003)
10/27/2003 518 REPLY MEMORANDUM OF POINTS AND AUTHORITIES by Defendants Evan
Greenspan, Cary Medill, Donald Chalker, Marshall Wexler and Estate of Andrew
Kornreich in support of The Outside Director Defendants' Motion to Dismiss Fourth
Amended Complaint [489-1] (dw) Modified on 10/28/2003 (Entered: 10/28/2003)
10/29/2003 519 SUPPLEMENTAL BRIEF by defendant Joel T. Boehm in opposition to plaintiffs' motion
to compel SEC deposition transcripts [507-1]. [This document relates to CV 02-00382 DT
(RCx)] (gk) (Entered: 10/31/2003)
10/29/2003 520 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 10/20/03 (Re:),
CR: Lori Muraoka. (wdc) (Entered: 11/03/2003)
10/29/2003 -- TRANSCRIPT filed for proceedings held on 10/20/03. (wdc) (Entered: 11/03/2003)
10/30/2003 521 AMENDED SUPPLEMENTAL BRIEF IN OPPOSITION by defendant Joel T. Boehm to
plaintiffs' motion to compel SEC deposition transcript [507-1]. [This document relates to
CV 02-00382 DT (AJWx)] (gk) (Entered: 11/03/2003)
10/31/2003 522 ANSWER filed by Defendant Clarke Underwood to Consolidated Fourth Amended Class
Action Complaint [484-1] (This Document Relates to CV02-382 DT (RCx) (dw)
Modified on 11/03/2003 (Entered: 11/03/2003)
10/31/2003 523 ANSWER filed by Defendant Jerold Goldstein to Consolidated Fourth Amended Class
Action Complaint [484-1] (This Doucment relates to CV02-382) (dw) (Entered:
11/03/2003)
10/31/2003 525 STIPULATION AND ORDER RE SUBSTITUTION OF THE ESTATE OF EMERY
RUBIN DECEASED by Judge Dickran Tevrizian: IT IS SO ORDERED that 1) Defendant
Emery Rubin has passed away and counsel for Mr. Rubin has represented to Bank of New
York that upon Mr. Rubin's death there were no substantial assets comprising his estate; 2)
Thus the parties agree that the Estate of Emery Rubin Deceased shall be substituted in
place of Mr. Rubin for all purposes in the action entitled The Bank of New York v O V
Bertolini et al Case No. CV 02-2745 DT (dw) (Entered: 11/04/2003)
11/03/2003 526 ORDER DENYING OUTSIDE DIRECTOR DEFENDANTS' MOTION TO DISMISS
FOURTH AMENDED COMPLAINT AND THE JOINDER OF DEFENDANT ESTATE
OF ANDREW KORNREICH by Judge Dickran Tevrizian: This Court denies Outside
Director Defendants' Motion to Dismiss the Fifth Cause of Action contained within the
Fourth Amended Complaint [489-1] (This document relates to CV02-382 DT (RCx) (dw)
(Entered: 11/05/2003)
11/03/2003 527 MINUTES by Judge Dickran Tevrizian re 1) Defendant's Greenspan Medill Chalker and
Wexler Motion to Dismiss Fourth Amended Complaint; Joinder by Defendant Estate of
Andrew Kornreich: The Court orders the motion: Denied as to motion #1. Defendant's
answer shall be filed within 20 days from the date of this order. CR: Lori Muraoka (dw)
(Entered: 11/05/2003)
11/03/2003 -- PLACED IN FILE - NOT USED: Order Granting The Outside Director Defendants
Motion to Dismiss Fourth Amended Complaint (dw) (Entered: 11/05/2003)
11/04/2003 528 ANSWER filed by Defendants Edward J Hentges, Kenneth R Larsen, Steven Erickson,
Paul R Ekholm to Fourth Amended Consolidated Class Action Complaint [484-1] (dw)
(Entered: 11/06/2003)
11/05/2003 529 ANSWER filed by Defendant Stephen P. Goodman to Fourth amended consolidated class
action complaint [484-1] (This document relates to CV02-2745 DT AJW) (dw) (Entered:
11/07/2003)
11/10/2003 530 DUPLICATE ORIGINAL NOTICE OF APPEAL by defendant Edward J Hentges,
defendant Kenneth R Larsen, defendant Jerome E Tabolich, defendant Steven W
Erickson, defendant Jerome E Ekholm, defendant City of Chicago to 9th C/A from Dist.
Court order filed 8/18/03, entered 8/19/03; filed 10/20/03, entered 10/22/03. (CV 02-382
DT (RCx) parties) (fvap) Modified on 11/12/2003 (Entered: 11/12/2003)
11/10/2003 531 ANSWER filed by defendant Joel T Boehm to fourht amended complaint [484-1]; jury
demand (ab) (Entered: 11/13/2003)
11/10/2003 533 NOTICE OF WITHDRAWAL OF COUNSEL O'Neill Lysaght & Sun LLP by Class
Action Plaintiffs (dw) (Entered: 11/14/2003)
11/12/2003 MINUTES by Magistrate Judge Rosalyn M Chapman: The Court having reviewed all
532 papers and considered oral argument HEREBY GRANTS plaintiffs' Motion to compel
defendant Joel T Boehm to produce his SEC deposition transcript. [507-1] Thus defendant
Joel T. Boehm is ordered within 5 business days to complete the required SEC request
form and to submit it to SEC counsel in the SEC's Chicago office. Upon receipt of the
SEC transcript defendant Boehm is ordered to produce it to plaintiffs within 10 days of its
receipt. (See document for further information) CR: None (faxed to plaintiff's counsel)
(dw) (Entered: 11/14/2003)
11/13/2003 536 STIPULATION EXTENDING TIME FOR DEFENDANT TO RESPOND TO FOURTH
AMENDED COMPLAINT AND ORDER THEREON by Judge Dickran Tevrizian: IT IS
SO ORDERED that Foley & Lardner have an extension of time to and including 12/15/03
to respond to the Fourth Amended Complaint (dw) (Entered: 11/17/2003)
11/14/2003 534 ANSWER filed by Defendants John M Clarey and Kenneth E Dawkins to Fourth
Amended Consolidated Class Action Complaint [484-1] (dw) (Entered: 11/17/2003)
11/14/2003 535 ANSWER filed by Defendant Atkinson Andelson Loya Ruud & Romo to the Fourth
Amended Consolidated Class Action Complaint [484-1] (dw) (Entered: 11/17/2003)
11/14/2003 537 PROOF OF SERVICE on 11/14/03 of Answer of Defendants John M Clarey and Kenneth
E Dawkins to the Fourth Amended Consolidated Class Action Complaint (dw) (Entered:
11/17/2003)
11/17/2003 538 STATEMENT OF INTERESTED PARTIES filed by Defendant Capital Valuation Group
[This Document Relates to CV02-382] (dw) (Entered: 11/18/2003)
11/17/2003 539 RESPONSE to Plaintiff's Fourth Amended Consolidated Class Action Complaint [484-1]
(dw) (Entered: 11/18/2003)
11/17/2003 540 STIPULATION AND ORDER RE DISMISSAL OF RICHARD KUHL AND GERI
OSTLUND FROM SEVENTH CAUSE OF ACTION FOR AIDING AND ABETTING
BREACH OF FIDUCIARY DUTY FROM FOURTH AMENDED CONSOLIDATED
CLASS ACTION COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED 1)
Plaintiffs agree to dismiss Defendants with prejudice from the 7th Cause of Action for
Aiding and Abetting Breach of Fiduciary Duty in the 4th Amended Consolidated Class
Action Complaint; 2) Defendants agree to answer the First Amended Complaint by
11/21/03 (dw) (Entered: 11/20/2003)
11/17/2003 546 ANSWER filed by Defendants Sabo & Green to the Fourth Amended Consolidated Class
Action Complaint [484-1] (This Document Relates to CV02-382) (dw) (Entered:
11/21/2003)
11/18/2003 541 NOTICE OF MOTION AND MOTION by Class Action Plaintiffs for Evidentiary
Sanctions against Defendant Capital Consulting Group , and for attorney fees ; motion
hearing set for 9:30am 12/10/03 (dw) (Entered: 11/20/2003)
11/18/2003 542 DECLARATION of Brian Barry in support of Plaintiffs' motion for Evidentiary Sanctions
against Defendant Capital Consulting Group for Destruction of Evidence [541-1], (dw)
(Entered: 11/20/2003)
11/18/2003 543 JOINT STIPULATION filed regarding Plaintiffs' Motion for sanctions against Capital
Consluiitng Group for Destruction of Evidence (dw) (Entered: 11/20/2003)
11/18/2003 545 NOTICE OF DISCREPANCY AND ORDER by Judge Dickran Tevrizian ordering
Answer of Defendant Sabo & Greene to the Fourth Amended Complaint submitted on
11/17/03 to be filed and processed; filed date to be the the document was stamped
"received but not filed" with the Clerk (dw) (Entered: 11/21/2003)
11/19/2003 544 MINUTES (IN CHAMBERS) PLAINTIFF'S MOTION FOR EVIDENTIARY
SANCTIONS AGAINST DEFENDANT CAPITAL CONSULTING GROUP AND FOR
AN AWARD OF ATTORNEY'S FEES by Magistrate Judge Rosalyn M. Chapman:
Plaintiff's Motion [541-1] is HEREBY ORDERED continued to 12/12/03 at 9:30am;
However for the filing of a supplmeental memorandum the hearing date of 12/10/03
should not be used. (See document for further information) (cc: all counsel) CR: None
(dw) (Entered: 11/20/2003)
11/21/2003 547 ANSWER filed by Richard Kuhl to Fourth amended Class Action complaint [484-1] (dw)
(Entered: 11/24/2003)
11/21/2003 548 ANSWER filed by Defendant Geri Ostlund to Consolidated Fourth amended Class Action
Complaint [484-1] (dw) (Entered: 11/24/2003)
11/24/2003 549 NOTICE OF MOTION AND MOTION for Evidentiary sanctions against Defendants
Atkinson Andelson Loya Ruud & Romo and Joel Boehm ; motion hearing set for 9:30
12/17/03 (dw) (Entered: 11/25/2003)
11/24/2003 550 DECLARATION of Brian Barry in support of plaintiff's motion for Evidentiary sanctions
against Defendants Atkinson Andelson Loya Ruud & Romo and Joel Boehm for
Destruction of Evidence [549-1] (dw) (Entered: 11/25/2003)
11/24/2003 551 JOINT STIPULATION filed by Class Action Plaintiff's for sanctions against Defendant
Atkinson Andelson Loya Ruud & Romo and Joel Boehm for Destruction of Evidence
(dw) (Entered: 11/25/2003)
11/24/2003 552 DECLARATION of Joel T. Boehm in support of Defendants' Arguments in Joint
Stipulation in support of Plaintiff's Motion for sanctions against Defendant Atkinson
Andelson Loya Ruud & Romo and Joel Boehm for Destruction of Evidence [551-1] (dw)
(Entered: 11/25/2003)
11/24/2003 553 DECLARATION of Debra Gourluck in support of Defendants' Arguments in Joint
Stipulation in Support of Plaintiff's Motion for Sanctions against Defendant Atkinson
Andelson Loya Ruud & Romo and Joel Boehm Destruction of Evidence [549-1] (dw)
(Entered: 11/25/2003)
11/24/2003 554 NOTICE OF MOTION AND MOTION by Class Action Plaintiffs to compel production
of SEC Deposition Transcripts Documents from Leo Dierckman (dw) (Entered:
11/25/2003)
11/24/2003 555 JOINT STIPULATION filed by parties in support of Motion to Compel Production of
SEC Deposition Transcript from Leo Dierckman (dw) (Entered: 11/25/2003)
11/24/2003 556 DECLARATION of Brian Barry by Class Action Plaintiffs in support of Motion to
Compel production of SEC Deposition Transcripts Documents from Leo Dierckman [554-
1] (dw) (Entered: 11/25/2003)
11/24/2003 559 DECLARATION of Kimberly D Howatt in support of Defendants' Arguments in Joint
Stipulation in Support of Plaintiff's Motion for Sanctions against Defendant Atkinson
Andelson Loya Ruud & Romo and Joel Boehm for Destruction of Evidence [551-1] (dw)
(Entered: 11/26/2003)
11/24/2003 560 DECLARATION of Joel T Boehm in Support of Defendants' Agruments in Joint
stipulation in Support of Plaintiff's Motion for sanctions [551-1] (dw) (Entered:
11/26/2003)
11/24/2003 562 AFFIDAVIT OF MARK ROTH IN OPPOSITION to Plaintiffs' Motion for Sanctions
against Defendant Capital Consulting Group for Destruction of Evidence [541-1] filed by
Defendant Capital Valuation Group (dw) (Entered: 11/26/2003)
11/25/2003 557 NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Rosalyn M. Chapman
ordering Declaration of Kimberly D Howatt in support of Arguments in Joint Stipulation
in Support of Plaintiff's Motion for Sanctions against Defendant Atkinson Andelson Loya
Ruud & Romo and Joel Boehm for Destruction of Evidence submitted received on
11/24/03 to be filed and processed; filed date to be the date the document was stamped
"received but not filed" with the Clerk (dw) (Entered: 11/26/2003)
11/25/2003 558 ORDER that the following documents shall be stricken from the record and shall not be
considered by the court because they do not have attached thereto proofs of service
showing service of process of the documents on the parties. Declaration of Debra
Gourluck in support of defendants arguments in joint stipulation in support of plaintiffs
motion for sanctions against defendant Atkinson, Andelson, Loya, Ruud & November 24,
2003 and Declaration of Joel T. Boehm in support of defendants arguments in joint
stipulation in support of plaintiffs motion for sanctions, filed 11/24/03. It is further
ordered that the docments shall not be returned to the filing party; however, the clerk shall
note on the case docket that the documents are stricken from the record. by Discovery
Rosalyn M. Chapman (rm) (Entered: 11/26/2003)
11/25/2003 561 NOTICE OF MOTION AND MOTION to stay civil action pending resolution of criminal
investigation ; Memorandum of Points and Authorities; Declaration of Gary Kurtz and
Jack Dicanio; motion hearing set for 10:00 12/22/03 (dw) (Entered: 11/26/2003)
11/25/2003 563 DECLARATION of Susan L Oliver regarding the Joint Stipulation in support of Plaintiff's
Motion for sanctions against Defendant Atkinson Andelson Loya Ruud & Romo and Joel
Boehm for Destruction of Evidence [551-1] by Defendant Joel T Boehm (dw) Modified
on 11/26/2003 (Entered: 11/26/2003)
11/26/2003 564 SUPPLEMENTAL BRIEF filed by Plaintiffs in Support of Motion for Sanctions Against
Capital Consulting Group for Destruction of Evidence [541-1] (dw) (Entered: 12/02/2003)
11/26/2003 565 DECLARATION of Jill Betts filed by Class Action Plaintiffs in support of motion for
Evidentiary Sanctions against Defendant Capital Consulting Group for Destruction of
Evidence (dw) (Entered: 12/02/2003)
11/26/2003 566 PROOF OF SERVICE on 11/24/03 of Declaration of Joel T. Boehm in Support of
Defendants' Argeuments in Joint Stipulation in Support of Plaintiff's Motion for
Sanctions; Declaration (dw) (Entered: 12/02/2003)
11/26/2003 569 STIPULATION AND ORDER RE DISMISSAL OF MICHAEL SOBELMAN AND
SOBELMAN COHEN & SULLIVAN FROM 7TH CAUSE OF ACTION FOR AIDING
AND ABETTING BREACH OF FIDUCIARY DUTY AND NINTH CAUSE OF
ACTION FOR CONSPIRACY TO COMMIT FRAUD FROM THE FOURTH
AMENDED CONSOLIDATED CLASS ACTION COMPLAINT by Judge Dickran
Tevrizian: IT IS SO ORDERED. 1) Plaintiffs agree to dismiss SCS with prejudice from
the 7th Cause of Action for Aiding and Abetting Breach of Fiduciary Duty; 2) Plaintiffs
agree to dismiss SCS without prejudice from the 9th cause of action for conspiracy to
commit fraud and the commencement of the statute of limitations applicable to this cause
of action shall be tolled from the date of this stipulation for no longer than 1 year. 3)
Defendants agree to answer the Fourth Amended Consolidated Class Action Complaint by
12/8/03. (dw) (Entered: 12/03/2003)
12/01/2003 567 EX PARTE APPLICATION filed by Class Action Plaintiffs for Order Permitting Class
Action Plaintiffs to Exceed Page Limitation for Supplemental Brief on Motion for
Evidentiary Sanctions ; Lodged proposed order (dw) (Entered: 12/02/2003)
12/01/2003 568 NOTICE OF MOTION AND MOTION to stay civil action pending resolution of criminal
investigation ; Memorandum of Points and Authorities; Declaration of Gary Kurtz and
Jack Dicanio; motion hearing set for 10:00 12/22/03 [This Document Relates to CV02-
382 DT (RCx)] (dw) (Entered: 12/02/2003)
12/01/2003 570 MINUTES (IN CHAMBERS) by Magistrate Judge Rosalyn M. Chapman: The Court
having reviewed all papers and considered oral argument in a telephonic conference
HEREBY GRANTS plaintiffs' motion to compel defendant Leo Dierckman to produce his
SEC deposition transcript [554-1]. Thus Leo Dierckman is ordered within 5 business days
to complete the required SEC request form and to submit it to SEC counsel in the SEC's
Chicago Office. Upon receipt of the SEC transcript defendant Dierckman is ordered to
produce it to plaintiffs within 10 days of its receipt. Plaintiffs shall serve this Order
electronically on all parties (See document for further information) CR: None (dw)
(Entered: 12/03/2003)
12/02/2003 571 OPPOSITION OF ATTORNEY by Defendant Joel T Boehm to Ex Parte Application for
to Magistrate for an Order Permitting Class Action Plaintiffs to Exceed Page Limitation
for Supplemental Brief on Motion for Evidentiary Sanctions [567-1] (dw) Modified on
12/03/2003 (Entered: 12/03/2003)
12/02/2003 572 ORDER ON EX PARTE APPLICATION FOR TO MAGISTRATE FOR AN ORDER
PERMITTING CLASS PLAINTIFFS TO EXCEED PAGE LIMITATION FOR
SUPPLEMENTAL BRIEF ON MOTION FOR EVIDENTIARY SANCTIONS by
Magistrate Judge Rosalyn M. Chapman: IT IS HEREBY ORDERED: The Court hereby
grants the Ex Parte Application and orders that plaintiffs are allowed to file a
supplemental brief of 15 pages. (Application [567-1]) (dw) (Entered: 12/03/2003)
12/02/2003 573 ANSWER filed by Defendant Estate of Andrew Kornreich to Fourth Amended
Consolidated Class Action Complaint [484-1] (dw) ** ANSWER STRICKEN
PURSUANT TO ORDER FILED 4/26/2004 831, DEFENDANT PLACED IN
DEFAULT ** Modified on 4/28/2004 (gk, ). (Entered: 12/05/2003)
12/02/2003 574 ANSWER filed by Defendant Cary Medill to Fourth Amended Consolidated Class Action
Complaint [484-1] (dw) (Entered: 12/05/2003)
12/02/2003 575 ANSWER filed by Defendant Donald Chalker to Fourth Amended Consolidated Class
Action Complaint [484-1] (dw) (Entered: 12/05/2003)
12/02/2003 576 ANSWER filed by Defendant Evan Greenspan to Fourth Amended Consolidated Class
Action Complaint [484-1] (dw) (Entered: 12/05/2003)
12/02/2003 577 ANSWER filed by Defendant Marshall Wexler to Fourth Amended Consolidated Class
Action Complaint [484-1] (dw) (Entered: 12/05/2003)
12/03/2003 578 SUPPLEMENTAL MEMORANDUM IN SUPPORT by Class Action Plaintiffs of motion
for Evidentiary sanctions against Defendants Atkinson Andelson Loya Ruud & Romo and
Joel Boehm for destruction of evidence [549-1] (dw) Modified on 12/05/2003 (Entered:
12/05/2003)
12/03/2003 579 SUPPLEMENTAL DECLARATION of Brian Barry in support of Plaintiffs' motion for
sanctions against Defendants Atkinson Andelson Loya Ruud & Romo and Joel Boehm for
destruction of evidence [549-1] (dw) (Entered: 12/05/2003)
12/03/2003 580 DECLARATION of James Iverson Regarding regarding Motion for Sanctions against
Defendants Atkinson Andelson Loya Ruud & Romo and Joel Boehm [549-1] (dw)
(Entered: 12/05/2003)
12/03/2003 581 DECLARATION of Victor P Dhooge regarding Motion for Evidentiary sanctions against
Defendants Atkinson Andelson Loya Ruud & Romo and Joel Boehm [549-1] (dw)
(Entered: 12/05/2003)
12/03/2003 582 PROOF OF SERVICE on 12/3/03 of Declarations of James Iverson and Victor B Dhooge
(dw) (Entered: 12/05/2003)
12/03/2003 590 STIPULATION TO MAKE COURT'S 8/18/03 ORDER GRANTING MOTION TO
DISMISS APPLICABLE TO DEFENDANT FOLEY & LARDNER AND ORDER
THEREON by Judge Dickran Tevrizian: For good cause shown the foregoing Stipulation
shall be the order of this Court. IT IS SO ORDERED: 1) The Court's Order of 8/18/03
shall be applicable to Plaintiffs' claims against defendant Foley & Lardner as if defendant
Foley & Lardner had filed a Motion to Dismiss that inlcuded a Statute of Limitations
argument akin to the argument made by defendant Fulbright & Jaworski in its Motion to
Dismiss; 2) The Fourth Amended Consolidated Class Action Complaint shall be
dismissed with prejudice and without leave to amend as against Foley & Lardner; 3) This
Stipulation and Order shall not preclude Plaintiffs from seeking docments pursuant to a
subpoena Plaintiffs previously served on Defendant Foley & Lardner. (See document for
further information) (dw) (Entered: 12/09/2003)
12/04/2003 583 DECLARATION of Debra Gourluck in Support of Defendants' Arguments in Joint
Stipulation in Support of Plaintiff's Motion for sanctions against Defendant Atkinson
Andelson Loya Ruud & Romo and Joel Boehm for Destruction of Evidence for
destruction of evidence [551-1] (dw) (Entered: 12/05/2003)
12/04/2003 584 PROOF OF SERVICE on 12/3/03 regarding Plaintiff's Motion for Destruction of
Evidence (dw) (Entered: 12/05/2003)
12/04/2003 585 Supplemental Brief of Defendants Atkinson Andelson Loya Ruud & Romo and Joel
Bohem regarding Plantiff's Motion for Sanctions for Destruction of Evidence [549-1] (dw)
(Entered: 12/05/2003)
12/04/2003 586 SUPPLEMENTAL DECLARATION of Kimberly D Howatt in support of Defendants
Supplemental Brief Opposing Plaintiff's Motion for Sanctions against Defendants
Atkinson Andelson Loya Ruud & Romo and Joel Boehm for Destruction of Evidence
[549-1] (dw) (Entered: 12/05/2003)
12/04/2003 587 DECLARATION of Joel T Boehm in support of Defendants' Motion for Evidentiary
Sanctions against Defendants Atkinson Andelson Loya Ruud & Romo and Joel Boehm
[549-1] (dw) (Entered: 12/05/2003)
12/04/2003 588 DECLARATION of Susan L Oliver regarding the Joint Stipulation in Support of
Plaintiff's Motion for sanctions against Defendants Atkinson Andelson Loya Ruud &
Romo and Joel Boehm for Destruction of Evidence [549-1] (dw) (Entered: 12/05/2003)
12/04/2003 589 DECLARATION of Kimbery D Howatt by Defendant Joel T Boehm in Support of
Defendants' Arguments in Joint Stipulation in Support of Plaintiff's Motion for Sanctions
Against Defendant Atkinson Andelson Loya Ruud & Romo and Joel Boehm for
Destruction of Evidence [549-1] (dw) (Entered: 12/08/2003)
12/08/2003 591 OPPOSITION by Class Action Plaintiffs to Motion to Stay Proceedings [568-1] (This
document relates to CV02-382 DT (RCx) (dw) (Entered: 12/09/2003)
12/08/2003 592 DECLARATION of Brian Barry in Support of Class Plaintiff's Opposition to Motion to
Stay Proceedings [568-1] (dw) (Entered: 12/09/2003)
12/08/2003 593 MEMORANDUM of points and authorities by US Trust Defendants in Opposition to the
Kasirer Defendants' Motion to Stay Civil Action Pending Resolution of Criminal
Investigation [568-1] (dw) (Entered: 12/09/2003)
12/08/2003 594 OPPOSITION by Plaintiff's Betker-O'Shea to the Kasirer Defendants' Motion to Stay
Civil Action pending Resolution of Criminal Investigation [568-1]; Memorandum of
Points and Authorities; Declaration of Lisa A Roquemore (dw) (Entered: 12/09/2003)
12/09/2003 595 Joinder by Defendant Joel T. Boehm to US Trust Defendants' Opposition to the Kasirer
Defendants' Motion to stay civil action pending resolution of criminal investigation [568-
1] (dw) (Entered: 12/10/2003)
12/10/2003 599 STIPULATION EXTENDING TIME FOR LEO DIERCKMAN AND ORDER by Judge
Dickran Tevrizian: IT IS SO ORDERED: Defendant and Class Plaintiffs have agreed that
Dierckman has to and including 12/23/03 to file his responsive pleadings to plaintiff's 4th
Amended Complaints (dw) (Entered: 12/15/2003)
12/11/2003 596 CROSS-COMPLAINT for Contribution and Indemnity filed by cross-claimants, Herbert
Saltzman, Cary Medill, Donald Chalker, Evan Greenspan, Marshall Wexler and Estate of
Andrew Kornreich (This document relates to CV02-382 DT (RCx)(dw) Modified on
12/18/2003 (Entered: 12/15/2003)
12/12/2003 597 JOINT EX PARTE APPLICATION filed by Defendants US Trust Corporation and US
Trust Company of Texas for entry of supplemtnal protective order re US Trust Documents
; Lodged proposed supplemental protective order (dw) (Entered: 12/15/2003)
12/12/2003 598 MEMORANDUM OF POINTS AND AUTHORITIES in support of Joint ex parte
application for entry of supplemental protective order re US Trust Documents [597-1]
(dw) (Entered: 12/15/2003)
12/12/2003 600 MINUTES by Magistrate Judge Rosalyn M. Chapman: The Court HEREBY DENIES
WITHOUT PREJUDICE plaintiffs'motion for evidentiary sanctions against Capital
Consulting Group Inc., aka Capital Consulting Group [541-1] and DENIES WITH
PREJUDICE plaintiffs' request for an award for attorney's fees. Plaintiffs are ordered to
serve this Order electronically on all parties. CR: None (dw) (Entered: 12/16/2003)
12/12/2003 605 DECLARATION of Steven W. Bacon in support of Joint ex parte application for entry of
supplemental protective order re US Trust Documents [597-1] (dw) (Entered: 12/19/2003)
12/15/2003 601 REPLY in support of motion to stay proceedings against Robert Kasirer and the Kasirer
Related Entitites [561-1]; Declaration of Jack DiCanio (dw) (Entered: 12/16/2003)
12/16/2003 602 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 11/3/03 (Re: [530-
1]) CR: Lori Muraoka (Exceptional Reporting) (consolidated with CV 01-5752, CV 02-
382, CV 02-993, CV 02-2745, CV 02-6484, CV 02-6841, CV 02-9221) (weap) (Entered:
12/17/2003)
12/16/2003 -- TRANSCRIPT filed for proceedings held on 11/3/03 (weap) (Entered: 12/17/2003)
12/16/2003 603 SUPPLEMENTAL PROTECTIVE ORDER RE US TRUST DOCUMENTS by
Magistrate Judge Rosalyn M. Chapman: It is hereby ordered as follows: 1) Within 30 days
from the issuance and entry of this Supplemental Protective Order or such other time as
may be mutually agreed upon by and between US Trust Defendants and the Class Action
and Betker Plaintiffs the US Trust defendants will produce certain of the documents that
appear on the 8/03 privlege log by placing those documents in a document repository.
(See document for further information) (cc: all counsel) (dw) (Entered: 12/17/2003)
12/17/2003 604 MINUTES by Magistrate Judge Rosalyn M. Chapman: The Court having read all
documents and heard oral argument HEREBY DENIES WITHOUT PREJUDICE
plaintiff's Motion for Evidentiary Sanctions against Defendants Atkinson Andelson Loya
Ruud & Romo [549-1], and DENIES WITH PREJUDICE plaintiff's request for an award
of attorney fees [541-2]. Plaintiffs are ordered to serve this Order electronically on all
parties. CR: None (dw) (Entered: 12/18/2003)
12/17/2003 606 STIPULATION AND ORDER RE US TRUST DEFENDANTS' ANSWER TO FOURTH
AMENDED CONSOLIDATED CLASS ACTION COMPLAINT by Judge Dickran
Tevrizian: IT IS SO ORDERED that US Trust Defendants will file their answer to the
Fourth Amended Consolidated Class Action Complaint on or before 12/31/03 (dw)
(Entered: 12/19/2003)
12/17/2003 612 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Defendant, Leo
Dierckman (dw) (Entered: 12/24/2003)
12/17/2003 613 NOTICE OF MOTION filed by Defendant Leo Dierckman to dismiss the 6th and 7th
causes of action contained in the 4th amended consolidated class action complaint ;
motion hearing set for 10:00 1/26/04 (This document relates to CV02-382) (dw) (Entered:
12/24/2003)
12/17/2003 614 MEMORANDUM of Points and Authorities by Defendant Leo Dierckman in support of
motion to dismiss the 6th and 7th causes of action contained in the 4th amended
consolidated class action complaint [613-1] (dw) (Entered: 12/24/2003)
12/17/2003 615 DECLARATION of Michael H. Gottschlich re motion to dismiss the 6th and 7th causes
of action contained in the 4th amended consolidated class action complaint [613-1] (dw)
(Entered: 12/24/2003)
12/17/2003 616 REQUEST for Judicial Notice filed by Defendant Leo Dierckman in support of motion to
dismiss [613-1] (dw) (Entered: 12/24/2003)
12/19/2003 610 NOTICE by Defendants US Trust Corporation and US Trust Company of Texas NA of
Order Re Filing of US Trust Defendants' Answer to Fourth Amended Consolidated Class
Action Complaint (dw) (Entered: 12/24/2003)
12/22/2003 607 ANSWER filed by defendant Jerome E Tabolich to Fourth amended complaint [484-1];
jury demand (dw) (Entered: 12/23/2003)
12/22/2003 608 ORDER DENYING KASIRER RELATED DEFENDANTS' MOTION TO STAY CIVIL
ACTION PENDING RESOLUTION OF CRIMINAL INVESTIGATION by Judge
Dickran Tevrizian: In light of the foregoing this Court denies Kasirer Related Defendants'
Motion to Stay Civil Proceedings Pending Resolution of Criminal Investigation [568-1]
[This document relates to CV01-5752 DT (RCx) and CV02-382 DT (RCx)] (dw)
(Entered: 12/24/2003)
12/22/2003 609 MINUTES by Judge Dickran Tevrizian: denying motion to stay civil action pending
resolution of criminal investigation [561-1]; CR: Lori Muraoka (dw) (Entered:
12/24/2003)
12/22/2003 611 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dickran
Tevrizian: Ordering 1) Notice of Motion to Dismiss the Sixth & Seventh Causes of
Action; 2) Memorandum of Points and Authorities; 3) Declaration of Michael H.
Gottschlich; 4) Request for Judicial Notice: IT IS HEREBY ORDERED: The Document
is to be filed and processed processed; The filing date is ORDERED to be the date the
document was stamped received but not filed with the Clerk (dw) (Entered: 12/24/2003)
12/23/2003 618 APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC
CASE filed for defendant Jerome E Tabolich by Norman J Baer. Designating William
McDonald Miller III as local counsel. Approved by Judge Dickran Tevrizian . (Fee paid)
(dw) (Entered: 12/29/2003)
12/24/2003 617 ANSWER filed by Defendants Michael Sobelman and Sobelman Cohen & Sullivan LLP
to Plaintiff's Fourth Amended Consolidated Class Action Complaint [484-1]; Demand for
jury trial (dw) (Entered: 12/26/2003)
12/24/2003 619 AMENDED APPLICATION AND ORDER of Non-Resident Attorney to Appear in a
Specific Case filed for defendant Jerome E Tabolich by Norman J. Baer, Attorney for
Defendant. Designating William Miller as local counsel. Approved by Judge Dickran
Tevrizian. (Fee paid) (dw) (Entered: 12/31/2003)
12/30/2003 620 THIRD-PARTY COMPLAINT filed by Defendant and Third Party Plaintiff US Trust
Company NA, (Heartland Receiver Action); Third Party Summons issued; (This
document relates to CV02-6512 DT (RCx) (dw) (Entered: 12/31/2003)
12/30/2003 621 AMENDED ANSWER filed by Defendant and Third Party Plaintiff US Trust Company
NA to Amended Complaint [620-1] (dw) (Entered: 12/31/2003)
12/30/2003 664 ANSWER filed by cross-defendant Bank of New York, as Successor Indenture Trustee to
U.S. US Trust Company NA Texas ti cross-complaint for contribution and indemnity.(rm,
) (Entered: 01/23/2004)
12/31/2003 622 CERTIFICATION as to Interested Parties (Class Action) (This document relates to CV02-
382) (dw, ) (Entered: 01/07/2004)
12/31/2003 624 ANSWER of US Trust Defendants to Fourth Amended Consolidated Class Action
Complaint filed by defendants (dw, ) (Entered: 01/07/2004)
12/31/2003 626 CROSS-CLAIMS of US Trust Company NA and US Trust Corporation (Class Action)
(This document relates to CV02-382 DT (RCx) (See CV02-382 DT (RCx) for all cross-
defendants)(dw, ) (Entered: 01/08/2004)
12/31/2003 635 ANSWER With Affirmative Defenses to Consolidate Fifth Amended Complaint filed by
Defendants Debra Kasirer, Robert Kasirer -.(dw, ) (Entered: 01/12/2004)
12/31/2003 636 ANSWER with Affirmative Defenses to Consolidate Fifth Amended Complaint of
Defendants JDDJ Holdings LP, Health Care Holdings LLC, CareContinuum LLC; BHMC
Corp; and Canon Realty Corporation (dw, ) (Entered: 01/12/2004)
12/31/2003 637 ANSWER to Fourth Amended Consolidated Class Action Complaint of Defendants filed
by defendants Bistra & Munkacs Holdings Inc, CareContinuum LLC, Health Care
Holdings LLC, JDDJ Holdings LP. (This document relates to CV02-382 DT RCx)(dw, )
(Entered: 01/12/2004)
12/31/2003 638 ANSWER to Fourth Amended Consolidated Class Action Complaint filed by defendants
Debra Kasirer, Robert Kasirer.(dw, ) (Entered: 01/12/2004)
12/31/2003 -- Summons Issued On Crossclaim [626] as to Cross-Defendants. (See docket for names of
all cross-defendants) (dw, ) (Entered: 01/17/2004)
01/05/2004 623 CERTIFICATION AND NOTICE of Interested Parties (dw, ) (Entered: 01/07/2004)
01/05/2004 625 ANSWER to Cross-Complaint of Herbert T. Saltzman, Cary Medill, Donald Chalker,
Evan Greenspan, Marshall Wexler, and Estate of Andrew Kornreich filed by defendant
Joel T Boehm.(dw, ) (Entered: 01/07/2004)
01/05/2004 647 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dickran
Tevrizian ORDERING Answer with Affirmative Defenses submitted by Defendant
received on 12/31/03 to be filed and processed; filed date to be the date the document was
stamped Received but not Filed with the Clerk.(dw, ) (Entered: 01/14/2004)
01/05/2004 648 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dickran
Tevrizian ORDERING Answer to Fourth Amended Complaint submitted by Defendants
Bistra & Munkacs Holdings Inc, CareContinuum LLC, Health Care Holdings LLC, JDDJ
Holdings LP received on 12/31/03 to be filed and processed; filed date to be the date the
document was stamped Received but not Filed with the Clerk.(dw, ) (Entered:
01/14/2004)
01/07/2004 627 MINUTES OF Telephone Conference held before Judge Rosalyn M. Chapman : A
continued telephonic conference is set on January 15, 2004, at 3:30 p.m. Tape #: 03-17.
(dts, ) (Entered: 01/08/2004)
01/07/2004 628 ANSWER filed by Defendants and cross-defendants Michael Sobelman and Sobelman
Sobelman Cohen & Sullivan to Cross-Complaint of Herbert Saltzman (dw) (Entered:
01/09/2004)
01/07/2004 629 ANSWER of Defendants and Cross Defendants Michael Sobelman and Sobelman Cohen
& Sullivan LLP to Cross-Complaint of Larry Rubin(dw, ) (Entered: 01/09/2004)
01/07/2004 630 ANSWER with Affirmative Defenses to Consolidate 5th Amended Complaint of
Defendants Robert Kasirer and Debra Kasirer individually and as Trustee of the Debra
Kasirer Family Trust filed by defendants Debra Kasirer, Robert Kasirer.(dw, ) (Entered:
01/09/2004)
01/07/2004 631 STIPULATION TO EXTEND TIME TO BRING MOTION TO COMPEL AND ORDER
THEREON by Judge Rosalyn M. Chapman: DENIED(dw, ) (Entered: 01/09/2004)
01/07/2004 632 ANSWER with affirmative defenses to consolidate fifth amended complaint of defendants
Robert Kasirer and Debra Kasirer individually and as Trustee of the Debra Kasirer Family
Trust (dw, ) (Entered: 01/09/2004)
01/07/2004 633 ANSWER of Robert Kasirer and Debra Kasirer to Fourth Amended Consolidated Class
Action Complaint filed by Defendants Debra Kasirer, Robert Kasirer.(dw, ) (Entered:
01/09/2004)
01/07/2004 634 ANSWER to Fourth Amended Consolidated Class Action Complaint of Defendants Bistra
& Munkacs Holding Inc., JDDJ Holdings LP, Health Care Holdings, LLC, Carecontinuum
LLC. (This Document relates to CV02-382 (RCx) DT (dw, ) (Entered: 01/09/2004)
01/07/2004 -- ANSWER with Affirmative Defenses to Consolidate Fifth Amended Complaint of
Defendants JDDJ Holdings LP; Health Care Holdings LLC; CareContinuum LLC; BHMC
Corp; and Canon Realty Corporation(dw, ) (Entered: 01/12/2004)
01/07/2004 640 ANSWER to L Rubin Cross-Complaint filed by Cross-Claimants US Trust Company NA,
US Trust Corporation, NA.(This Document relates to CV02-382 DT (RCx)(dw, )
(Entered: 01/12/2004)
01/07/2004 641 ANSWER to Saltzman Cross-Complaint filed by Cross-Claimants US Trust Company
NA, US Trust Corporation, NA.(This document relates to CV02-382 DT (RCx)(dw, )
(Entered: 01/12/2004)
01/07/2004 642 Certification of Interested Parties filed by Defendants JDDJ Holdings LP; Health Care
Holdings LLC; CareContinuum LLC, BHMC Corp; Canon Realty Corporation; Debra
Kasier; Robert Kasirer (dw, ) Modified on 1/12/2004 (dw, ). (This document relates to
CV01-5752 DT (Rcx) (Entered: 01/12/2004)
01/07/2004 643 CERTIFICATION of Interested Parties filed by Defendants Bistra & Munkacs Holdings
Inc, CareContinuum LLC, BHMC Corp JDDJ Holdings LP, Debra Kasirer, Robert
Kasirer, Health Care Holdings (dw, ) (Entered: 01/13/2004)
01/07/2004 644 CERTIFICATION AS TO INTERESTED PARTIES (Class Action) filed by Defendants
Michael Sobelman, Sobelman, Cohen & Sullivan LLP (dw, ) (Entered: 01/13/2004)
01/07/2004 645 Substitution of Attorney filed. Substituting attorney William McDonald Miller III for
Jerome E Tabolich in place and stead of attorney Heather J Klaas by Judge Dickran
Tevrizian. (dw, ) (Entered: 01/13/2004)
01/07/2004 650 STIPULATION AND ORDER RE US TRUST DEFENDANTS' RESPONSE TO
CROSS-COMPLAINT FOR CONTRIBUTION AND INDEMNITY BY HERBERT T.
SALTZMAN, CARY MEDILL, DONALD CHALKER, EVAN GREENSPAN,
MARSHALL WEXLER, AND ESTATE OF ANDREW KORNREICH by Judge Dickran
Tevrizian : It is so ordered the time for US Trust defendants to respond to the Cross-
Complaint is extended 1 week to and including 1/7/04.(dw, ) (Entered: 01/16/2004)
01/07/2004 651 STIPULATION AND ORDER RE: Extension of Time for Jerold Goldstein to Respond to
Cross-Complaint of Herbert T. Saltzman, Cary Medill, Donald Chalker, Evan Greenspan,
Marshall Wexler and Estate of Andrew Kornreich by Judge Dickran Tevrizian : IT IS SO
ORDERED Goldstein has to and including 1/20/04 to file a responsive pleading to the
Cross-Complaint(dw, ) (Entered: 01/16/2004)
01/07/2004 652 STIPULATION To Make Court's 8/18/03 Order Granting Motion to Dismiss Applicable
to Defendant Wildman Harrold Allen & Dixon by Judge Dickran Tevrizian: For good
cause shown the foregoing Stipulation shall be the order of this Court. IT IS SO
ORDERED.(dw, ) (Entered: 01/16/2004)
01/08/2004 646 NOTICE of Change of Firm Name for Defendant Atkinson, Andelson, Loya, Ruud &
Romo changing firm name to White & Oliver, A.P.C. Filed by Defendant Atkinson,
Andelson Loya Ruud & Romo (dw, ) (Entered: 01/14/2004)
01/12/2004 639 NOTICE OF CLERICAL ERROR Re: Document entitled Answer with Affirmative
Defenses to Consolidate Fifth Amended Complaint of Defendants filed 1/7/04 has been
docketed but due a system error a document number was not assigned (dw, ) (Entered:
01/12/2004)
01/12/2004 653 OPPOSITION to Defendant Leo Dierckman's Motion to Dismiss the Sixth Cause of
Action of the Fourth Amended Complaint [613] filed by Class Action Plaintiffs (This
Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 01/17/2004)
01/13/2004 654 EX PARTE APPLICATION for Order Compelling Compliance with Magistrate's Prior
Order to Produce SEC Deposition Transcripts for Attorney's Fees and for the Imposition
of Sanctions filed by Plaintiffs David Sinow. Lodged Order. (dw, ) (Entered: 01/17/2004)
01/13/2004 655 DECLARATION of Brian Barry in Support of Plaintiff's EX PARTE APPLICATION for
an Order Compelling Compliance with Magistrate's Prior Order to Produce SEC
Deposition Transcripts for Attorney's Fees and for the Imposition of Sanctions[654] filed
by Class Action Plaintiffs (dw, ) (Entered: 01/17/2004)
01/14/2004 NOTICE OF WITHDRAWAL OF COUNSEL (Heartland Receiver Action); ORDER by
657 Judge Dickran Tevrizian: IT IS SO ORDERED re Case CV02-6512 Goldberg Kohn Bell
Black Rosenberg & Moritz is withdrawing as co-counsel for defendant US Trust
Company of Texas(dw, ) (Entered: 01/22/2004)
01/15/2004 MINUTES OF Telephone Conference held before Judge Rosalyn M. Chapman to discuss
649 possible amendments to the Supplemental Protective Order. Tape #: 04-1. (dts, ) (Entered:
01/16/2004)
01/15/2004 665 NOTICE of Withdrawal filed by plaintiff: Lead Plaintiff Ray Stits withdaws as a named
plaintiff in the above entitled action(dw, ) (Entered: 01/25/2004)
01/16/2004 MINUTES OF In Chambers Conference held before Judge Rosalyn M. Chapman :, Order
656 by Judge Rosalyn M. Chapman granting, in part, and denying, in part EX PARTE
APPLICATION for Order[654] Tape #: 04-1. (dts, ) (Entered: 01/20/2004)
01/16/2004 666 DECLARATION of Francis A. Bottini Jr in support of Director Defendants' Opposition to
Plaintiff's EX PARTE APPLICATION for Order [654] filed by Defendants, Evan
Grenspan, Cary Medill, Donald Chalker, Estate of Andrew Kornreich (dw, ) (Entered:
01/25/2004)
01/16/2004 667 DECLARATION OF SERVICE filed by Defendants Evan Greenspan, Cary Medill,
Donald Chalker, Estate of Andrew Kornreich and Marshall Wexler re Opposition to
Plaintiff's Ex Parte Motion Regarding SEC Deposition Transcripts and Declaration of
Francis A Bottini Jr in Support of Director Defendants' Opposition to Plaintiff's Ex Parte
Motion Regarding SEC Deposition Transcripts. was served on 1/15/04. (dw, ) (Entered:
01/25/2004)
01/16/2004 668 OPPOSITION to EX PARTE APPLICATION Motion Regarding SEC Deposition
Transcripts [654] filed by Director Defendants (dw, ) (Entered: 01/25/2004)
01/16/2004 669 NOTICE OF MOTION AND MOTION of Wolf Haldenstein Adler Freeman & Herz LLP
to Withdraw as Counsel of Record for Cary Medill, Evan Greenspan Marshall Wexler,
Donald Chalker and Estate of Andrew Kornreich filed by Director Defendants Evan
Greenspan, et al. Motion set for hearing on 2/9/2004 at 10:00 AM before Honorable
Dickran Tevrizian. (This Document Relates to all Actions) Lodged Proposed Order. (dw, )
Modified on 1/25/2004 (dw, ). (Entered: 01/25/2004)
01/16/2004 670 DECLARATION of Francis A. Bottini in Support of MOTION Wolf Haldenstein Adler
Freeman & Herz LLP to Withdraw as Counsel of Record for Cary Medill, Evan
Greenspan, Marshall Wexler, Donald Chalker & Estate of Andrew Korenreich. [669] filed
by Defendants (dw, ) (Entered: 01/25/2004)
01/16/2004 671 DECLARATION of Francis A. Bottini Jr in Support of MOTION of Wolf Haldenstein
Adler Freeman & Herz LLP to Withdraw as Counsel [669] filed by Defendants (dw, )
(Entered: 01/25/2004)
01/16/2004 672 MEMORANDUM of Points and Authorities in support of MOTION of Wolf Haldenstein
Adler Freeman & Herz LLP to Withdraw as Counsel fo Record for Cary Medill, Evan
Greenspan, Marshall Wexler, Donald Charlker and Estate of Andrew Kornreich [669]
filed by Defendants (dw, ) (Entered: 01/25/2004)
01/16/2004 696 MEMORANDUM of Points and Authorities in Support of MOTION of Wolf Haldenstein
Adler Freeman & Herz LLP to Withdraw as Counsel of Record fro Cary Medill, Evan
Greenspan, Marshall Wexler, Donald Chalker and Estate of Anderew Korenreich[669]
filed by Defendants (This Document Relates to All Actions) (dw, ) (Entered: 02/01/2004)
01/16/2004 711 DECLARATION OF SERVICE filed by Defendants Evan Greenspan, Cary Medill,
Donald Chalker, Estate of Andrew Kornreich, and Marshall Wexler re Notice of Motion
and Motion of Wolf Haldenstein Adler Freeman & Herz for Leave to Withdraw as
Counsel [669] Memorandum in Support of Motion [672] Declaration [670] (dw, )
(Entered: 02/06/2004)
01/20/2004 658 CROSSCLAIMS of US Trust Company NA and US Trust Corporation (Betker Action)
filed by Cross-Claimants (This Document relates to CV01-5752 DT (RCx)(dw, ) (Entered:
01/22/2004)
01/20/2004 659 ANSWER of US Trust Defendants to Consolidated Fifth Amended Complaint (Betker
Action) filed by Defendants US Trust Company NA, US Trust Corporation, NA.(This
document relates to CV01-5752 DT (RCx)(dw, ) (Entered: 01/22/2004)
01/20/2004 660 CERTIFICATION as to Interested Parties filed by Cross Claimants US Trust Company
NA, US Trust Corporation, NA. (Betker Action) (This document relates to CV01-5752
DT (RCx) (dw, ) (Entered: 01/22/2004)
01/20/2004 661 ANSWER to Cross-Complaint for Contribution and Indemnity of Herbert T. Saltzman,
Cary Medill, Donald Chalker, Evan Greenspan, Marshall Wexler, and Estate of Andrew
Kornreich filed by Defendant Jerold V Goldstein. (This Document relates to CV02-382
DT (RCx)(dw, ) (Entered: 01/22/2004)
01/20/2004 662 ANSWER to Cross-Complainant Larry Rubin's Cross-Complaint for Contribution and
Indemnity filed by Defendant Jerold V Goldstein.(dw, ) (Entered: 01/22/2004)
01/20/2004 663 CROSS-COMPLAINT for Contribution and Indemnity against Herbert T Saltzman , filed
by Defendant Jerold V Goldstein.(dw, ) Modified on 1/22/2004 (dw, ). (This document
relates to: CV02-382 (DT (RCx) (Entered: 01/22/2004)
01/20/2004 674 NOTICE OF MOTION AND MOTION to Dismiss Cross-Claims of US Trust Company
NA and US Trust Corporation filed by Defendant and Cross-Defendant Atkinson,
Andelson, Loya, Ruud & Romo Attorneys. Motion set for hearing on 2/17/2004 at 10:00
AM before Honorable Dickran Tevrizian. (dw, ) (Entered: 01/25/2004)
01/20/2004 675 NOTICE OF MOTION AND MOTION to Dismiss Cross-Claims of US Trust Company
NA and US Trust Corporation filed by Defendant and Cross-Defendant Sabo & Green.
Motion set for hearing on 2/17/2004 at 10:00 AM before Honorable Dickran Tevrizian.
(dw, ) (Entered: 01/25/2004)
01/20/2004 676 MEMORANDUM of Pins and Authorities in Support of MOTION to Dismiss Cross-
Claims of US Trust Company NA and US Trust Corporation[675] filed by Defendant and
Cross-Defendant Atkinson, Andelson, Loya, Ruud & Romo Attorneys. (dw, ) (Entered:
01/25/2004)
01/20/2004 679 MEMORANDUM of Points and Authorities in Support of Defendant Joel T Boehm's
Motion to Dismiss Cross-Claims of US Trust Company NA and US Trust Corporation
filed by Third Party Defendant Joel T Boehm. (dw, ) (Entered: 01/25/2004)
01/21/2004 677 REPLY to Class Plaintiff's Opposition to Dierckman's Motion to Dismiss [613] filed by
Defendant Leo Dierckman. (dw, ) (Entered: 01/25/2004)
01/21/2004 678 MEMORANDUM of Points and Authorities in Support of MOTION to Dismiss Cross-
Claims of US Trust Company NA and US Trust Corporation [675] filed by Defendant and
Cross-Defendant Sabo & Green. (dw, ) (Entered: 01/25/2004)
01/21/2004 680 PROOF OF SERVICE filed by Defendant and Cross-Defendant Sabo & Green. re
Memorandum in Support of Motion [678] was served on 1/20/04. (dw, ) (Entered:
01/25/2004)
01/21/2004 681 TABLE OF CONTENTS AND AUTHORITIES in support of Defendant Motion to
Dismiss Cross-Claims of US Trust Company NA and US Trust Corporation[674] filed by
Defendant and Cross-Defendant Atkinson, Andelson, Loya, Ruud & Romo Attorneys.
(dw, ) (Entered: 01/25/2004)
01/22/2004 683 JOINT EX PARTE APPLICATION of US Trust Defendants Class Action and Betker
Plaintiffs for Order Amending Supplemental Protective Order Re US Trust Documents
filed by Defendants US Trust Company NA, US Trust Corporation, NA. Lodged Proposed
Order. (dw, ) (Entered: 01/26/2004)
01/22/2004 687 DECLARATION of Steven W. Bacon re EX PARTE APPLICATION for Order
Amending Supplemental Protective Order Re: US Trust Defendants [683] filed by
Defendants US Trust Company NA, US Trust Corporation, NA. (dw, ) (Entered:
01/27/2004)
01/22/2004 688 MEMORANDUM of Points and Authorities in Support of Joint EX PARTE
APPLICATION for Order Amending Supplemental Protective Order Re: US Trust
Defendants [683] filed by Defendants US Trust Company NA, US Trust Corporation, NA.
(This document relates to CV02-382 DT (RCx) (dw, ) (Entered: 01/27/2004)
01/22/2004 689 NOTICE OF MOTION AND MOTION to Dismiss Cross-Claims of US Trust Company
NA and US Trust Corporation filed by Defendant Joel T Boehm. Motion set for hearing
on 2/17/2004 at 10:00 AM before Honorable Dickran Tevrizian. (dw, ) (Entered:
01/27/2004)
01/22/2004 690 MEMORANDUM of Points and Authorities in Support of Defendant Joel T Boehm's
Motion to Dismiss Cross-Claims of US Trust Company NA and US Trust
Corporation[689] filed by Defendant Joel T Boehm. (This Document relates to CV02-
382DT (RCx) (dw, ) (Entered: 01/27/2004)
01/23/2004 682 ORDER AMENDING SUPPLEMENTAL PROTECTIVE ORDER RE US TRUST
DOCUMENTS by Magistrate Judge Rosalyn M. Chapman: It is hereby ordered as
follows: The date for production set forth in Paragraph 1 of the Supplemental Protective
Order 603 shall be 1/23/04 or within 2 business days from and after the issuance and entry
of this Order Amending Supplemental Protective Order re US Trust Documents
whichever is later. (See document for further information)(dw, ) (Entered: 01/26/2004)
01/23/2004 685 ANSWER to Cross-Complaint of Herbert T. Saltzman, Cary Medill, Donald Chalker,
Evan Greenspan, Marshall Wexler, and Estate of Andrew Kornreich filed by Defendant
Atkinson, Andelson, Loya, Ruud & Romo Attorneys.(dw, ) Modified on 1/27/2004 (dw, ).
(This Document relates to CV02-382 DT (RCx) (Entered: 01/27/2004)
01/23/2004 686 ANSWER of Defendants Berman & Bertolini Inc, Onofrio V Bertolini to the Fourth
Amended Consolidated Class Action Complaint (This Document relates to CV02-382 DT
(RCx)(dw, ) (Entered: 01/27/2004)
01/23/2004 691 ANSWER to Cross-Complaint of Larry Rubin with Jury Demand filed by Defendant
Atkinson, Andelson, Loya, Ruud & Romo (This Document relates to CV02-382 DT
(RCx)(dw, ) (Entered: 01/28/2004)
01/23/2004 -- FAX number for Attorney Patrick Shipley is (619) 239-0344. (dw, ) (Entered: 01/28/2004)
01/25/2004 673 NOTICE OF CLERICAL ERROR Re: Declaration of Francis A Bottini Jr in support of
Motion of Wolf Haldenstein Adler Freeman & Herz LLP for Leave to Withdraw as
Counsel of Record of Cary Medill, Evan Greenspan, Marshall Wexler, Donald Charlker
and Estate of Andrew Kornreich, Document 671 was docketed in error. Correct case is
CV02-382 DT (RCx) (dw, ) (Entered: 01/25/2004)
01/26/2004 684 STIPULATION TO EXTEND TIME TO BRING MOTION TO COMPEL AND ORDER
THEREON by Magistrate Judge Rosalyn M. Chapman: The Betker Plaintiffs have an
extension to have a motion to compel heard by this Court provided the motion is filed no
later than 3/26/04.(dw, ) (Entered: 01/27/2004)
01/26/2004 692 MINUTES by Judge Dickran Tevrizian: re Defendant Leo Dierckman's Motion to
Dismiss)the Sixth and Seventh Causes of Action Contained in the Fourth Amended
Consolidated Class Action Complaint [613]; Request for Judicial Notice: Matter called
and appearances made. After argument Court adopts tentative ruling granting motion
[613] signs order and instructs clerk to file and process. The request for judicial notice is
granted. Court Recorder: Lori Muraoka. (dw, ) (Entered: 01/29/2004)
01/26/2004 694 ORDER 1) GRANTING DEFENDANT LEO DIERCKMAN'S REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS; 2) GRANTING
DEFENDANT LEO DIERCKMAN'S MOTION TO DISMISS THE SIXTH AND
SEVENTH CAUSES OF ACTION CONTAINED IN THE FOURTH AMENDED
CONSOLIDATED CLASS ACTION COMPLAINT by Judge Dickran Tevrizian: This
Court grants defendant Dierckman's Request for Judicial Notice and grants with prejudice
Dierckman's Motion to Dismiss the Sixth Cause of Action for Breach of Fiduciary Duty
and Seventh Cause of Action for Aiding and Abetting Breach of Fiduciary Duty
Contained in the Fourth Amended Consolidated Class Action Complaint [613] (This
Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 02/01/2004)
01/27/2004 695 NOTICE of Entary of Order Amending Supplemental Protective Order Re US Trust
Documents filed by Defendants US Trust Company NA, US Trust Corporation, NA. (This
Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 02/01/2004)
01/28/2004 697 JOINT STIPULATION Regarding Defendant Joel T. Boehm's Motion to Compel
Documents from Class Plaintiffs filed by defendant Joel T Boehm. (dw, ) (Entered:
02/01/2004)
01/28/2004 698 DECLARATION of Kimberly D Howatt in Support of Joint Stipulation Regarding
Defendant Joel T Boehm's Motion to Compel Documents from Class Plaintiffs [697] filed
by Defendant Joel T Boehm. (dw, ) (Entered: 02/01/2004)
01/28/2004 699 NOTICE OF MOTION AND MOTION to Compel the Production of Documents from the
Kasirer Defendants and Seeking Attorney Fees and the Imposition of Sanctions;
Memorandum of Points and Authorites filed by Class Action Plaintiffs. (This Document
relates to CV02-382 DT (RCx) Lodged Proposed Order. (dw, ) (Entered: 02/01/2004)
01/28/2004 700 DECLARATION of Brian Barry in Support Plaintiff's MOTION to Compel Documents
from the Kasirer Defendants and Seeking Attorneys' Fees and the Imposition of Sanctions
[699] filed by Class Action Plaintiffs (This Document relates to CV02-382 DT (RCx) (dw,
) (Entered: 02/01/2004)
01/28/2004 701 NOTICE OF MOTION AND MOTION to Compel Documents from Class Plaintiffs filed
by Defendant Joel T Boehm. Motion set for hearing on 2/18/2004 at 09:30 AM before
Honorable Rosalyn M. Chapman. (dw, ) (Entered: 02/01/2004)
01/28/2004 -- Set/Reset Hearings: Re: Motionto Compel Production of Documents from the Kasrier
Defendants and Seeking Attorneys' Fees and the Imposition of Sanctions Motion set for
hearing on 2/18/2004 at 09:30 AM before Honorable Rosalyn M. Chapman. (dw, )
(Entered: 02/01/2004)
01/28/2004 702 DECLARATION of Brian Barry in Opposition to Boehm's MOTION to Compel[ 701]
filed by Class Action Plaintiffs (This Document relates to CV02-382 DT (RCx) (dw, )
(Entered: 02/01/2004)
01/28/2004 703 NOTICE of Entry of Order to Make Court's 8/18/03 Order Granting Motion to Dismiss
Applicable to Defendant Wildman Harrold Allen & Dixon LLP filed by Defendant (dw, )
(Entered: 02/01/2004)
01/28/2004 704 ANSWER to the Fourth Amended Consolidated Class Action Complaint filed by
Defendant William Filippone. (This Document relates to CV02-382 DT (RCx)(dw, )
(Entered: 02/01/2004)
01/28/2004 707 ORDER by Judge Dickran Tevrizian: IT IS HEREBY ORDERED: For good cause as
reflected in the Notice of Withdrawal of Lead Plaintiff Ray Stits [665] filed on 1/16/04,
Lead Plaintiff Ray Stits is withdrawn as a Lead Plaintiff and class representatives in the
above-entitled action(dw, ) (Entered: 02/03/2004)
01/28/2004 723 AMENDED PROOF OF SERVICE on Stipulation and Order Re Potentially Privileged
Documents in Possession of Foley & Lardner and Suject to Subpoena by Class Plaintiffs
was served on 1/28/04. (This document relates to CV02-382 DT (RCx) (dw, ) (Entered:
02/09/2004)
01/29/2004 693 STIPULATION AND ORDER Re Potentially Privileged Documents in Possession of
Foley & Lardner and Subject to Subpoena by Class Plaintiffs by Magistrate Judge
Rosalyn M. Chapman: IT IS SO ORDERED Foley shall produce the documents identified
on the attached privilege log to counsel for Plaintiffs within 7 days of receipt of this order
by counsel for Foley. Any party who claims a privilege over the documents identified on
the attached privilege log shall within 5 days of the filing of this Stipulation and Order file
any necessary briefing and evidence in support of that claim (dw, ) (Entered: 01/30/2004)
01/29/2004 708 NOTICE of Order Extending Time for US Trust Defendants to File Response to Cross-
Complaint by Herbert T. Saltzman Et Al filed by Defendants US Trust Company NA, US
Trust Corporation, NA. (dw, ) (Entered: 02/03/2004)
01/30/2004 705 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
11/12/03 Court Reporter: Dorothy Babykin. (weap, ) (Entered: 02/02/2004)
01/30/2004 -- TRANSCRIPT filed for proceedings held on 11/12/03. Court Reporter: Dorothy Babykin.
(weap, ) (Entered: 02/02/2004)
01/30/2004 706 STIPULATION TO EXTEND TIME TO BRING MOTION TO COMPEL AND ORDER
THEREON by Magistrate Judge Rosalyn M. Chapman: IT IS HEREBY ORDERED
THAT: The Joint Stipulation regarding Motion to Compel Class Plaintiff's Documents as
sought by each of BOEHM's Request for Production of Documents dated 12/2/03 may be
heard on 2/18/04. In fact the Clerk has filed the motion and it has not been on Judge's
calendar for 2/18/04(dw, ) (Entered: 02/02/2004)
02/02/2004 712 ANSWER of Defendants Evan Greenspan, Cary Medill, Donald Chalker and Marshall
Wexler to Cross-Complaint of US Trust Company NA and US Trust Corporation filed by
Cross-Defendants Marshall Wexler, Donald B Chalker, Cary Medill -, Evan Greenspan.
(This Document Relates to CV02-382 DT (RCx)(dw, ) (Entered: 02/06/2004)
02/03/2004 709 ANSWER to the Consolidated Fifth Amended Complaint filed by Defendant Jerome E
Tabolich. (This document relates to CV01-5752 DT (RCx)(dw, ) (Entered: 02/05/2004)
02/03/2004 710 CROSS-COMPLAINT FOR CONTRIBUTION AND INDEMNITY against Cross-
Defendants Does 100-150 inclusive, JKRK, Kasirer Yeladin Holdings, Kasirer Family
Holdings #4, Daniel Gottlieb, G & L Realty Corporation, Atkinson, Andelson, Loya,
Ruud & Romo Attorneys, Michael Sobelman, Joel T Boehm, Jerold Goldstein, Debra
Kasirer, Robert Kasirer, Bank of New York, US Trust Corporation, US Trust Company of
Texas, NA, Fulbright & Jaworski LLP , filed by Cross-Claimant Larry Rubin.(dw, )
(Entered: 02/05/2004)
02/03/2004 713 OPPOSITION to MOTIONS to Dismiss of Cross-Defendants Atkinson Andlson Loya
Ruud & Romo, [674] Joel T. Boehm [689] and Green De Bortnowsky & Quintanilla ]
filed by Defendants and Cross-Claimants filed by US Trust Company NA, US Trust
Corporation, NA. (dw, ) (Entered: 02/08/2004)
02/03/2004 714 NOTICE OF MOTION AND MOTION to Dismiss Third Party Complaint of US Trust
Company NA (Heartland Receiver Action) filed by Defendant Atkinson, Andelson, Loya,
Ruud & Romo Motion set for hearing on 3/8/2004 at 10:00 AM before Honorable Dickran
Tevrizian. (This Document relates to CV02-6512 DT (RCx) (dw, ) (Entered: 02/08/2004)
02/03/2004 715 REQUEST FOR JUDICIAL NOTICE In Support of Defendant Atkinson Andelson Loya
Ruud & Romo's MOTION to Dismiss Third Party Complaint of US Trust Compnay NA
(Heartland Receiver Action)[714] filed by Defendant Atkinson, Andelson, Loya, Ruud &
Romo Attorneys. (dw, ) (Entered: 02/08/2004)
02/03/2004 716 NOTICE of Lodgement in Support of Defendant Atkinson, Andelson Loya Ruud &
Romo's MOTION to Dismiss Third Party Complaint of US Trust Company NA
(Heartland Receiver Action)[714] filed by Defendant Atkinson, Andelson, Loya, Ruud &
Romo Attorneys. (dw, ) (Entered: 02/08/2004)
02/03/2004 717 MEMORANDUM of Points and Authorities in Support of Defendant Atkinson Andelson
Loya Ruud & Romo's Motion to Dismiss Third Party Complaint of US Trust Compnay
NA (Heartland Receiver Action) [714] filed by Defendant Atkinson, Andelson, Loya,
Ruud & Romo Attorneys. (dw, ) (Entered: 02/08/2004)
02/03/2004 718 Mail Returned addressed to Norman J Baer re Minute Order dated 1/15/04 649; Attempted
not known (dw, ) (Entered: 02/08/2004)
02/03/2004 719 Mail Returned addressed to Norman J Baer re Minutes dated 1/16/04 656; Attempted not
known; (dw, ) (Entered: 02/08/2004)
02/04/2004 720 COUNTER REQUEST for Sanctions in the Amount of $3,000 Against Class Action
Plaintiffs' Counsel filed by Defendants Debra Kasirer, Robert Kasirer -. Request set for
hearing on 2/18/2004 at 09:30 AM before Honorable Rosalyn M. Chapman. Lodged
Declarations of Gary Kurtz and Jack Dicanio. (dw, ) Modified on 2/8/2004 (dw, ).
(Entered: 02/08/2004)
02/04/2004 -- OPPOSITION to MOTION to Compel [699] filed by Defendants Debra Kasirer, Robert
Kasirer (dw, ) (Entered: 02/08/2004)
02/04/2004 721 SUPPLEMENTAL BRIEF in Support of MOTION to Compel Documents from Class
Plaintiffs [701] filed by Defendant Joel T Boehm. (dw, ) (Entered: 02/08/2004)
02/04/2004 722 SUPPLEMENTAL OPPOSITION to MOTION to Compel [701] filed by Joel T Boehm
(This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 02/08/2004)
02/05/2004 731 Substitution of Attorney filed. Substituting attorney Michael J Schiff for Marshall Wexler
in place and stead of Francis G. Bottini by Judge Dickran Tevrizian. (dw, ) (Entered:
02/11/2004)
02/06/2004 724 NOTICE OF MOTION AND MOTION to Compel the Production of Documents from
Fulbright & Jaworksi filed by Class Action Plaintiffs David Sinow, et al (This Document
relates to CV02-382 DT (Rcx) Lodged Proposed Order. (dw, ) (Entered: 02/10/2004)
02/06/2004 725 DECLARATION of Brian Barry in Support of MOTION to Compel Production of
Documents from Fulbright & Jaworski [724] filed by Class Action Plaintiffs David
Sinow, et al (This document relates to CV02-382 DT (RCx) (dw, ) (Entered: 02/10/2004)
02/09/2004 726 NOTICE OF MOTION AND MOTION to Compel Answers to Deposition Questions
from Joel Boehm and Leave for Permission to Take a 5 Day Deposition filed by Class
Action Plaintiffs David Sinow, et al. (This Document relates to CV02-382 DT (RCx)
Motion set for hearing on 3/3/2004 at 09:30 AM before Honorable Rosalyn M. Chapman.
(dw, ) (Entered: 02/11/2004)
02/09/2004 727 DECLARATION of Brian Barry in Support of MOTION to Compel Answers to
Deposition Questions and for Leave to Take a Five Day Deposition of Joel Boehm 726]
(This Document Relates to CV02-382 DT RCx) filed by Class Action Plaintiffs David
Sinow, et al (dw, ) (Entered: 02/11/2004)
02/09/2004 729 ANSWER to Fourth Amended Consolidated Class Action Complaint filed by Defendant
James E Iverson. (This Document relates to CV02-382 DT (RCx)(dw, ) (Entered:
02/11/2004)
02/09/2004 730 NOTICE of Interested Parties filed by Defendant James E Iverson. (This Document relates
to CV02-382 DT (RCx) (dw, ) (Entered: 02/11/2004)
02/09/2004 732 NOTICE OF MOTION AND MOTION to Dismiss Cross-Claims of US Trust Company
and US Trust Corporation (Betker Action) filed by Defendant and Cross-Defendant Sabo
& Green. (This Document relates to CV01 5752 DT (RCx) Motion set for hearing on
3/8/2004 at 10:00 AM before Honorable Dickran Tevrizian. (dw, ) (Entered: 02/11/2004)
02/09/2004 733 MEMORANDUM of Points and Authorities in Support of MOTION to Dismiss Cross-
Claims of US Trust Company and US Trust Corporation (Betker Action)[732] filed by
Defendant and Cross-Defendant Sabo & Green. (This Document Relates to CV02-382 DT
RCx) (dw, ) (Entered: 02/11/2004)
02/09/2004 734 NOTICE OF MOTION AND MOTION to Dismiss Cross-Claims of US Trust Company
NA and US Trust Corporation filed by Defendant Joel T Boehm. (This Document Relates
to CV01-5752 DT (RCx) Motion set for hearing on 3/8/2004 at 10:00 AM before
Honorable Dickran Tevrizian. (dw, ) (Entered: 02/11/2004)
02/09/2004 735 MEMORANDUM of Points and Authorities in Support of Defendant Joel T. Boehm's
Motion to Dismiss Cross-Claims of US Trust Company and US Trust Corporation (Betker
Action) MOTION to Dismiss Cross-Claims [734] filed by Defendant Joel T Boehm. (This
Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 02/11/2004)
02/09/2004 738 MINUTES by Judge Dickran Tevrizian: Granting MOTION of Wolf Haldenstein Adler
Freeman & Herz LLP to Withdraw as Counsel of Record for Cary Medill, Evan
Greenspan, Marshall Wexler, Donald Chalker and Estate of Andrew Kornreich [669]
Court Recorder: Lori Muraoka. (dw, ) (Entered: 02/13/2004)
02/09/2004 739 ORDER Granting Wolf Haldenstein Adler Freeman & Herz LLP's Motion to Withraw as
Counsel of Record for Defendants Cary Medill, Evan Greenspan, Marshall Wexler,
Donald Chalker and Estate of Andrew Kornreich by Judge Dickran Tevrizian: This Court
grants Wolf Haldenstein Adler Freeman & Herz LLP's Motion to Withdraw as Counsel of
Record for defendants Cary Medill, Evan Greenspan, Marshall Wexler, Donald Chalker
and Estate of Andrew Kornreich. (Re Motion of Wolf Haldenstein Adler Freeman & Herz
LLP to Withdraw as Attorney [669])(dw, ) (Entered: 02/13/2004)
02/10/2004 728 MINUTES (IN CHAMBERS) PLAINTIFFS' MOTION TO COMPEL ANSWERS TO
DEPOSITION QUESTIONS FROM JOEL BOEHM AND LEAVE FOR PERMISSION
TO TAKE A 5 DAY DEPOSITION ORDER by Judge Rosalyn M. Chapman : Off
Calendar [726] Motion to Compel (dts, ) (Entered: 02/11/2004)
02/10/2004 736 REPLY in Support of its MOTION to Dismiss Cross-Claims of US Trust Company and
US Trust Corporation (Betker Action ) [732] filed by Defendant Sabo & Green. (dw)
Modified on 2/12/2004 (dw, ). (This document relates to CV01-5752 DT (RCx) (Entered:
02/12/2004)
02/10/2004 737 REPLY of Defendant Andelson Atkinson Loya Ruud & Romo in Support of its MOTION
to Dismiss Cross-Claims of US Trust Company and US Trust Corporation [732], filed by
Defendant Atkinson, Andelson, Loya, Ruud & Romo Attorneys. (This document relates to
CV02-382 DT (RCx) (dw, ) (Entered: 02/12/2004)
02/13/2004 741 NOTICE OF MOTION AND MOTION to Dismiss Third Party Complaint of U.S. Trust
Company, N.A. and U.S. Trust Corporation (Heartland Receiver Action) Under
F.R.Civ.P. 12(b)(2), 12(b)(3), and 12(b)(6) filed by defendant Joel T. Boehm; Motion set
for hearing on 3/8/2004 at 10:00 AM before Honorable Dickran Tevrizian. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 02/18/2004)
02/13/2004 742 MEMORANDUM OF POINTS AND AUTHORITIES in Support of Motion to Dismiss
third party complaint of U.S. Trust Company, N.A. and U.S. Trust Corporation (Heartland
Receiver Action) Under F.R.Civ.P. 12(b)(2), 12(b)(3), and 12(b)(6)[741] filed by
defendant Joel T. Boehm. [This document relates to CV 01-05752 DT (RCx)] (gk, )
Modified on 2/18/2004 (gk, ). (Entered: 02/18/2004)
02/13/2004 743 REPLY in Support of Motion to Dismiss Cross-Claims of U.S. Trust Company, N.A. and
U.S. Trust Corporation (Class Action) Under F.R.Civ.P. 12(b)(6) [734] filed by defendant
Joel T. Boehm. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
02/18/2004)
02/17/2004 740 STIPULATION AND ORDER REGARDING THE PRODUCTION OF DOCUMENTS
AND PRIVILEGE LOG BY THE KASIRER DEFENDANTS AND TAKING THE
MOTION TO COMPEL OFF CALENDAR by Judge Rosalyn M. Chapman: IT IS SO
ORDERED: The Motion to Compel and for attorney's fees and sanctions [699] is taken off
the Court's calendar. (cc: all counsel)(dw, ) (Entered: 02/18/2004)
02/17/2004 744 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
12/17/03, Court Reporter: Dorothy Babykin. (wdc, ) (Entered: 02/19/2004)
02/17/2004 -- TRANSCRIPT filed for proceedings held on 12/17/03. Court Reporter: Dorothy Babykin.
(wdc, ) (Entered: 02/19/2004)
02/17/2004 749 ORDER by Magistrate Judge Rosalyn M. Chapman: IT IS HEREBY ORDERED THAT:
1) Fulbright & Jaworski is to satisfy its obligations under the subpoena served by the
Sinow plaintiffs by making available for inspection and copying the documents gathered
by Fulbright in response the SEC subpoenas served on Fulbright and John Orr in 2002.
The Plaintiffs will be granted access to these documents by no later than 3/2/04. 2)
Fulbright may redact information relating to clients other than Heritage Entities and may
withhold documents created after 9/11/02 which were not produced to the SEC. 3) Any
privilege that attached or attaches to the documents which privilege was held by a
Heritage Entity may not be relied upon by Fulbright to withhold production and unless a
representative of the Heritage Entites files and serves a written objection by no later than
2/24/04. 4) If any documents are subject to a claim of privilege by a non-Heritage entity
Fulbright is to seek permission to produce those documents and if permission is denied is
to prepare a privilege log describing those documents and provide said privilege log to
plaintiffs no later than 3/2/04. 5) Plaintiffs shall serve this under this Order electronically
no later than 2/18/04 at 4:00pm (Related to and granting Motion to Compel [724]) (This
document relates to CV02-382 DT (RCx)(cc: all parties)(dw) (Entered: 02/20/2004)
02/17/2004 750 MINUTES by Judge Dickran Tevrizian: 1) Atkinson Andelson Loya Ruud & Romo's
Motion to Dismiss Cross-Claims of US Trust Company NA and US Trust Corporation
[674], 2) Cross-Defendant Sabo & Green's MOTION to Dismiss Cross-Claims of US
Trust Company NA and US Trust Corporation [675], MOTION to Dismiss Cross-Claims
of US Trust Company NA and US Trust Corporation[674], 3) Joel T. Boehm's Motion to
Dismiss Cross-Claims of US Trust Company NA and US Trust Corporation [689]: The
Court orders the motion: Denied as to motions #1,2,& 3. Court Recorder: Lori Muraoka.
(dw, ) (Entered: 02/20/2004)
02/17/2004 751 ORDER DENYING DEFENDANT 1) SABO & GREEN, 2) JOEL T BOEHM AND 3)
ATKINSON ANDELSON LOYA RUUD AND ROMO'S MOTION TO DISMISS
CROSS-CLAIMS OF US TRUST COMPANY NA AND US TRUST CORPORATION
(CLASS ACTION) under Federal Rule Civil Procedure 12(b)(6) by Judge Dickran
Tevrizian: This Court denies Green de Bortnowsky & Quintanilla LLP fka Sabo & Green,
Joel T. Boehm and Atkinson, Andelson, Loya Ruud & Romo's Motion to Dismiss Cross-
Claims of US Trust Company NA and US Trust Corporation [675], [689] [674] (This
Document Relates to CV02-382 DT (RCx)(dw, ) (Entered: 02/20/2004)
02/17/2004 -- PLACED IN FILE - NOT USED re [PROPOSED] ORDER GRANTING MOTION OF
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP FOR LEAVE TO
WITHDRAW AS COUNSEL OF RECORD FOR CARY MEDILL, EVAN
GREENSPAN, MARSHALL WEXLER, DONALD CHALKER AND ESTATE OF
ANDREW KORNREICH submitted by Defendants Donald B Chalker, Evan Greenspan,
Cary Medill, Marshall Wexler and Estate of Andrew Kornreich (dw, ) (Entered:
02/25/2004)
02/18/2004 745 MINUTES ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT
JOEL T. BOEHM'S MOTION TO COMPEL DOCUMENTS FROM CLASS
PLAINTIFFS by Judge Rosalyn M. Chapman : Class plaintiffs are ordered to produce
documents responsive to request nos. 1,3,4,10,14,18 and 22 to defendant Boehm no later
than 20 days from the date of this Order, and if class plaintiffs have already produced all
responsive Heritage Bond documents, plaintiffs' counsel shall produce a Rule 26(g)
verification to defendant Boehm within the same time period.[701] Motion to Compel
(dts, ) (Entered: 02/19/2004)
02/18/2004 746 ANSWER to Third-Party Claims of US Trust Company NA; (This Document Relates to
CV02-6512 DT (RCx) filed by Defendant James E Iverson.(dw, ) (Entered: 02/19/2004)
02/18/2004 747 ANSWER to Cross Complaint of US Trust Company NA and US Trust Corporation filed
by Defendant Virgil Lim.(dw, ) Modified on 2/19/2004 (dw, ). (This Document relates to
CV02-382 DT (RCx) (Entered: 02/19/2004)
02/18/2004 748 ANSWER to Cross Claims of US Trust Company NA and US Trust Corporation filed by
Defendant James E Iverson. (This Document relates to CV02-382 DT RCx)(dw, )
(Entered: 02/19/2004)
02/18/2004 752 NOTICE of Entry of Order Granting Wolf Haldenstein Adler Freman & Herz LLP's
Motion for Leave to Withdraw as Counsel of Record for Cary Medill, Evan Greenspan,
Marshall Wexler, Donald Chalker and Estate of Andrew Kornreich filed by Class Action
Plaintiffs (dw, ) (Entered: 02/20/2004)
02/20/2004 753 ANSWER to Cross Claims of US Trust Company NA and US Trust Corporation {Class
Action filed by Defendant John M Clarey. (This Document relates to CV02-382 DT
(RCx)(dw, ) (Entered: 02/23/2004)
02/20/2004 754 PROOF OF SERVICE filed by Defendant John M Clarey. re Answer to Crossclaim [753]
was served on 2/20/04. (dw, ) (Entered: 02/23/2004)
02/20/2004 755 ANSWER to Cross-Claims of US Trust Company NA and US Trust Corporation (Betker
Action) filed by Defendant John M Clarey. (This Document relates to CV01-5752 DT
(RCx)(dw, ) (Entered: 02/23/2004)
02/20/2004 756 PROOF OF SERVICE re Answer to Cross-Claims of US Trust Company NA and US
Trust Corporation filed by Defendant John M Clarey was served on 2/20/04. (This
Document relates to CV 01-5752 DT (RCx) (dw, ) (Entered: 02/23/2004)
02/23/2004 757 OPPOSITION to Motions to Dismiss Third Party Defendants Atkinson, Andelson, Loya,
Ruud & Romo and Joel T Boehm (Heartland Receiver Action) filed by US Trust
Company NA (Heartland Receiver Action) [714] (This Document relates to CV02-6512
DT (RCx) (dw, ) (Entered: 02/25/2004)
02/23/2004 758 DECLARATION of Steven W. Bacon in Support of US Trust Company NA's Opposition
to Motions to Dismiss or Third Party Defendants Atkinson Andelson, Loya, Ruud &
Romo and Joel T. Boehm (Heartland Receiver Action))[714] filed by Defendants US
Trust Company NA, US Trust Corporation, NA. (dw, ) (Entered: 02/25/2004)
02/23/2004 759 OPPOSITION to MOTION to Dismiss Cross-Defendants Green, De Bortnowsky &
Quintanilla LLP 773 and Joel B. Boehm (Betker Action) Cross-Claims [734] filed by
Defendants US Trust Company NA, US Trust Corporation, NA. (This Document relates
to CV01-5752 DT (RCx) (dw, ) (Entered: 02/25/2004)
02/23/2004 760 NOTICE of Entry of Order Denying Defendant 1) Sabo & Green; 2) Joel T. Bohem and 3)
Atkinson, Andelson Loya, Ruud & Romo's Motion to Dismiss Cross-Claims of US Trust
Company NA and US Trust Corporation (Class Action) filed by Defendants US Trust
Company NA, US Trust Corporation, NA. (dw, ) (Entered: 02/25/2004)
03/01/2004 761 REPLY to response to MOTION to Dismiss Third Party Complaint of US Trust Compnay
NA (Heartland Receiver Action)[714] [relates to cv02-6512] filed by defendant Atkinson,
Andelson, Loya, Ruud & Romo Attorneys. (dmjr, ) (Entered: 03/02/2004)
03/01/2004 762 REPLY to response to MOTION to Dismiss third party complaint of U.S. Trust Company,
N.A. and U.S. Trust Corporation (Heartland Receiver Action) Under F.R.Civ.P. 12(b)(2),
12(b)(3), and 12(b)(6)[741], MOTION to Dismiss Third Party Complaint of US Trust
Compnay NA (Heartland Receiver Action)[714] filed by defendant [relates to cv02-6512]
Joel T Boehm. (dmjr, ) (Entered: 03/02/2004)
03/03/2004 763 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
1/26/04 Court Reporter: Lori Muraoka (Consolidated CV 01-5752, CV 02-382, CV 02-
993, CV 02-2745, CV 02-6484, CV 02-6841, CV 02-9221, CV 02-6512) (weap, )
(Entered: 03/05/2004)
03/03/2004 -- TRANSCRIPT filed for proceedings held on 1/26/04. Court Reporter: Lori Muraoka.
(weap, ) (Entered: 03/05/2004)
03/04/2004 765 STIPULATION AND ORDER TO CONTINUE HEARING DATE AND TO NARROW
ISSUES RE ATTORNEY DEFENDANTS' RESPECTIVE MOTIONS TO DISMISS
CROSS-CLAIMS OF US TRUST COMPANY NA (HEARTLAND RECEIVER
ACTION) UNDER FEDERAL RULE CIVIL PROCEDURE 12(b)(6) by Judge Dickran
Tevrizian: IT IS HEREBY ORDERED. 1) The Court's 2/18/04 Order on Attorney
Defendants' Motions to Dismiss US Trust's Cross-Claim in the Class Action shall be
deemed to apply to Attorney Defendants' Motions to Dismiss US Trust's Third-Party
Complaint in the Heartland Receiver Action to the extent it pertains to the arguments
against US Trust's claims for Fraud and Joint Venture Liability. 2) The hearing on
Attorney Defendants' Motions to Dismiss US Trust's Third-Party Complaint in the
Heartland Receiver Action will go forward on the issues of jurisdiction and venue only; 3)
The hearing of the remaining issues in Attorney Defendants' Motion to Dismiss US Trust
Third-Party Complaint in the Heartland Receiver Action [741]is continued to 3/29/04.
Motion set for hearing on 3/29/2004 at 10:00 AM before Honorable Dickran
Tevrizian.(dw, ) Modified on 3/9/2004 (dw, ). (This Document relates to CV02-6512 DT
(RCx) (Entered: 03/09/2004)
03/04/2004 766 STIPULATION AND ORDER TO APPLY PRIOR RULING AND TO TAKE OFF
CALENDAR ATTORNEY DEFENDANTS' RESPECTIVE MOTIONS TO DISMISS
CROSS-CLAIMS OF US TRUST COMPANY AND US TRUST CORPORATION
(BETKER ACTION ) UNDER FEDERAL RULE CIVIL PROCEDURE 12(b)(6) by
Judge Dickran Tevrizian: IT IS HEREBY ORDERED: 1) The Court's 2/18/04 Order on
Attorney Defendants' Motions to Dismiss US Trust Cross-Claims in the Class Action shall
be deemed to apply to Attorney Defendants' Motions to Dismiss US Trust's Cross-Claims
in the Betker Action; 2) The Attorney Defendants' Motions to Dismiss US Trust's Cross-
Claims in the Betker Action are taken off calendar; and 3) The time for Attorney
Defendants' to answer the Cross-Claims is extended to 4/18/04.(dw, ) (Entered:
03/09/2004)
03/05/2004 764 STIPULATION AND ORDER EXTENDING TIME FOR ATKINSON, ANDELSON,
LOYA, RUUD & ROMO TO ANSWER CROSS-CLAIMS OF US TRUST COMPANY,
NA AND US TRUST CORPORATION (BETKER ACTION) by Judge Dickran
Tevrizian: IT IS SO ORDERED that the time for AALR&R to answer the US Trust
Defendants' Cross-Claims in the Betker Action is extended to and including 4/18/04. (This
Document Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 03/09/2004)
03/08/2004 768 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
2/17/04 Court Reporter: Lori Muraoka (consolidated with CV 01-5752, CV 02-382, CV
02-993, CV 02-2745, CV 02-6484, CV 02-6841, CV 02-9221, CV 02-6512) (weap, )
(Entered: 03/09/2004)
03/08/2004 -- TRANSCRIPT filed for proceedings held on 2/17/04. Court Reporter: Lori Muraoka.
(weap, ) (Entered: 03/09/2004)
03/08/2004 770 ANSWER to CROSSCLAIMS of US Trust Company NA and US Trust Corporation
(Betker Action filed by Cross Defendant Ramiro G Lozano Jr.(pbap, ) (Entered:
03/17/2004)
03/08/2004 771 ANSWER to CROSS-CLAIMS of US Trust Company NA and US Trust Corporation
(Class Action) [626] filed by Cross-Defendant Ramiro G Lozano Jr.(pbap, ) (Entered:
03/17/2004)
03/08/2004 772 ANSWER to THIRD AMENDED COMPLAINT [172] filed by Third-Party Defendant
Ramiro G Lozano Jr.(pbap, ) (Entered: 03/17/2004)
03/09/2004 769 STIPULATION AND ORDER EXTENDING TIME FOR SABO & GREEN TO
ANSWER THIRD PARTY COMPLAINT OF US TRUST COMPANY NA
(HEARTLAND RECEIVER ACTION) by Judge Dickran Tevrizian: IT IS SO
ORDERED extension to and including 4/18/04.(dw) (This document relates to CV02-
6512 DT (RCx) (Entered: 03/12/2004)
03/17/2004 773 ORDER TO SHOW CAUSE by Judge Rosalyn M. Chapman re Certain Defendants'
Failure to Comply with Discovery Obligations. Set Deadlines/Hearings: Show Cause
Hearing set for 4/22/2004 09:30 a.m. FURTHER ORDERED that Plaintiffs shallserve this
OSC, the corresponding Petition and any other supporting papers no later than 3/19/04;
Opposition due 4/7/04; Reply due 4/14/04. re: 02-382.(pbap, ) (Entered: 03/18/2004)
03/17/2004 774 ANSWER to Cross-Claims of US Trust Company NA and US Corporation (Betker
Action) filed by Defendant Virgil Lim.(dw, ) Modified on 3/18/2004 (dw, ) (This
Document Relates to CV01-5752 DT (RCx) (Entered: 03/18/2004)
03/17/2004 775 ANSWER of Defendant Virgil Lim to Third Party Complaint of US Trust Company NA
(Heartland Receiver Action) filed by Defendant Virgil Lim.(dw, ) Modified on 3/18/2004
(dw, ). (This Document Relates to CV01-5752 DT (RCx) (Entered: 03/18/2004)
03/17/2004 776 PETITION AND SUPPORTING DECLARATION of Brian Barry in Support of Order to
Show Cause Re Certain Defendants' Failure to Comply with Discovery Obligations filed
by Class Action Plaintiffs David Sinow, et al. (This document relates to CV02-382 DT
(RCx) Lodged Proposed Order. (dw, ) (Entered: 03/18/2004)
03/18/2004 780 Petition (Request) and Supporting Declaration of Brian Barry in Support of Order to Show
Cause Re Failure of Estate of Andrew Kornreich To Comply With Court Order filed by
Plaintiff David Sinow. (02-382) Lodged proposed order. (pbap, ) (Entered: 03/30/2004)
03/19/2004 779 Petition (Request) for Order to Show Cause why Plaintiff's Requests for Admission to
Defendant Valuation Counselors Group, Inc. Should Not be Deemed Admitted Due to
Failure to Respond and Declaration of Jill Betts in Support thereof filed by Plaintiff David
Sinow. (02-382) Lodged proposed order. (pbap, ) . (Entered: 03/30/2004)
03/23/2004 777 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
2/9/04 Court Reporter: Lori Muraoka (consolidated with CV 01-5752, CV 02-382, CV 02-
993, CV 02-2745, CV 02-9221, CV 02-6841, CV 02-6512) (weap, ) (Entered:
03/25/2004)
03/23/2004 -- TRANSCRIPT filed for proceedings held on 2/9/04. Court Reporter: Lori Muraoka.
(weap, ) (Entered: 03/25/2004)
03/23/2004 778 ORDER TO SHOW CAUSE WHY PLAINTIFF'S REQUESTS FOR ADMISSION TO
DEFENDANT VALUATION COUNSELORS CORP INC SHOULD NOT BE DEEMED
ADMITTED DUE TO FAILURE TO RESPOND by Magistrate Judge Rosalyn M.
Chapman: Order to Show Cause Hearing set for 4/22/2004 09:30 AM before Magistrate
Rosalyn M. Chapman. 2) IT IS FURTHER ORDERED that: a) Plaintiff's shall seve this
Order to Show Cause the corresponding Petition and any other supporting papers no later
than 3/25/04; b) Any opposition papers shall be filed and served on plaintiffs no later than
4/7/04; c) Any reply papers shall be served no later than 4/14/04. (dw, ) Modified on
3/25/2004 (dw, ). (This Document Relates to CV02-382 DT (RCx) (Entered: 03/25/2004)
03/23/2004 784 ORDER TO SHOW CAUSE RE FAILURE OF ESTATE OF ANDREW KORNREICH
TO COMPLY WITH COURT ORDER by Judge Dickran Tevrizian: Set
Deadlines/Hearings: Show Cause Hearing set for 4/26/2004 10:00 AM before Honorable
Dickran Tevrizian. Ordered that plaintiffs shall serve this Order to Show Cause, the
corresponding petition and any other supporting papers no later than 3/31/2004; any
opposition papers shall be filed and served on plaintiffs no later than 4/12/2004; any reply
papers shall be served no later than 4/19/2004. (gk, ) (Entered: 04/05/2004)
03/24/2004 785 RESPONSE of Defendant Virgil Lim to Order to Show Cause Re: Certain Defendants'
Failure to Comply with Discovery Obligations [784] (dw, ) (Entered: 04/06/2004)
03/25/2004 786 OBJECTIONS of Defendant Joel T. Boehm to Stipulation Regarding Class Certification
and Order [783] filed by Defendant Joel T Boehm. (This Document relates to CV02-382
DT (RCx) (dw, ) (Entered: 04/06/2004)
03/25/2004 787 STIPULATION of Partial Settlement filed by Defendant Michael Sobelman, & Sobelman
and Sobelman, Cohen & Sullivan; Lodged Order. (dw, ) (This document relates to CV02-
382 DT (RCx) (Entered: 04/06/2004)
03/25/2004 788 PROOF OF SERVICE filed by Defendants Michael Sobelman, Sobelman & Sobelman,
Cohen & Sullivan LLP. (This document relates to CV02-382 DT (RCx) (dw, ) (Entered:
04/06/2004)
03/25/2004 789 NOTICE OF MOTION AND MOTION and Memorandum of Points and Authorities in
Support of Request for Preliminary Approval of Settlement and Determination of Good
Faith as to Defendants Michael Sobelman and Sobelman Cohen & Sullivan LLP;
Declaration of John Caron filed by Defendants Michael Sobelman, and Sobelman, Cohen
& Sullivan, LLP Motion set for hearing on 5/10/2004 at 10:00 AM before Honorable
Dickran Tevrizian. (dw, ) (Entered: 04/06/2004)
03/25/2004 790 DECLARATION of John M. Caron filed in Support of Motion for Preliminary Approval
of Settlement [789] filed by Defendants Michael Sobelman and Sobelman, Cohen &
Sullivan LLP. (This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered:
04/06/2004)
03/26/2004 791 NOTICE OF MOTION AND MOTION to Compel the Production of Documents from the
Kasirer Defendants and Seeking Attorneys' Fees and the Imposition of Sanctions filed by
plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker
Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea; Motion set for
hearing on 4/21/2004 at 09:30 AM before Magistrate Rosalyn M. Chapman; memorandum
of points and authorities in support thereof. [This document relates to CV 01-05752 DT
(RCx)]. Lodged Proposed Order. (gk, ) (Entered: 04/06/2004)
03/26/2004 792 DECLARATION of Jason D. Annigian in Support of Plaintiffs' Motion to Compel the
Production of Documents from the Kasirer Defendants and Seeking Attorneys' Fees and
the Imposition of Sanctions [791] filed by plaintiffs Russel and Virginia Betker, as
Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP;
and Lori and Michael O'Shea. [This document relates to CV 01-05752 DT (RCx)] (gk, )
(Entered: 04/06/2004)
03/26/2004 793 DECLARATION of Lisa A. Roquemore in Support of Plaintiffs' Motion to Compel the
Production of Documents from the Kasirer Defendants and Seeking Attorneys' Fees and
the Imposition of Sanctions [791] filed by plaintiffs Russel and Virginia Betker, as
Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP;
and Lori and Michael O'Shea. [This document relates to CV 01-05752 DT (RCx)] (gk, )
(Entered: 04/06/2004)
03/29/2004 795 ORDER: 1) GRANTING ATKINSON, ANDELSON, LOYA, RUUD & ROMO'S
REQUEST FOR JUDICIAL NOTICE; 2) GRANTING IN PART WITHOUT
PREJUDICE ATKINSON, ANDELSON, LOYA RUUD & ROMO'S MOTION TO
DISMISS THIRD PARTY COMPLAINT OF US TRUST COMPANY NA
(HEARTLAND RECEIVER ACTION) FOR LACK OF PERSONAL JURISDICTION
AND DENYING AS MOOT ATKINSON, ANDELSON, LOYA RUUD & ROMO'S
MOTION TO DISMISS FOR IMPROPER VENUE; AND 3) DENYING DEFENDANT
JOEL T BOEHM'S MOTION TO DISMISS THIRD PARTY COMPLAINT OF US
TRUST COMPANY NA (HEARTLAND RECEIVER ACTION) by Judge Dickran
Tevrizian: This Court grants Atkinson Andelson Loya Ruud & Romo's Request for
Judicial Notice; grants in part without prejudice Andelson Atkinson Loya Ruud & Romo's
Motion to Dismiss Third Party Complaint of US Trust Company NA (Heartland Receiver
Action) for lack of personal jurisdiction and denies as moot Atkinson Andelson Loya
Ruud & Romo's Motion to Dismiss Third Party Complaint of US Trust Company NA
(Heartland Receiver Action) [734] for improper venue. Furthermore this Court denies Joel
T. Boehm's Motion to Dismiss Third Party Complaint of US Trust Compnay NA
(Heartland Receiver Action)[714] for lack of personal jurisdiction and improper venue
(This document relates to CV02-6512 DT (RCx)(dw, ) (Entered: 04/07/2004)
03/29/2004 797 MINUTES by Judge Dickran Tevrizian. The Court orders 1) Defendants Joel T. Boehm's
and 2) Atkinson Andelson Loya Ruud & Romo's Motion to Dismiss Third Party
Complaint [714] [741]: Denied as to Motion #1; Granted in part and denied in part as
moot as to motion #2. Court Reporter: Lori Muraoka. (dw, ) (Entered: 04/09/2004)
03/30/2004 781 STIPULATION AND ORDER by Judge Rosalyn M. Chapman : Extending the Time in
which Plaintiffs may File a Motion Challenging the Privileges Asserted by the U.S. Trust
Defendants; Motions due by 4/16/2004. (re: 02-382)(pbap, ). (Entered: 04/02/2004)
03/30/2004 783 Stipulation Regarding Class Certification DENIED Without Prejudice to the Bringing of a
Formal Noticed Motion for Class Certification by Judge Dickran Tevrizian. (re: 02-
382)(pbap, ) (Entered: 04/02/2004)
03/30/2004 796 JOINDER of Defendant Atkinson, Andelson, Loya Ruud & Romo to the Objection of
Defendant Joel T. Boehm to Stipulation Regarding Class Certification and Order[786].
(This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 04/09/2004)
03/31/2004 782 MINUTES (IN CHAMBERS) BETKER PLAINTIFFS' MOTION TO COMPEL THE
PRODUCTION OF DOCUMENTS FROM THE KASIRER DEFENDANTS AND
SEEKING ATTORNEY'S FEES AND THE IMPOSITION OF SANCTIONS by Judge
Rosalyn M. Chapman: Betker plaintiffs' motion is continued to 4/22/04, at 9:30 a.m.,(dts, )
(Entered: 04/02/2004)
04/01/2004 806 EX PARTE APPLICATION for an order setting the briefing schedule for class
certification motion filed by Class Action Plaintiffs David Sinow. Lodged order. (pj, )
(Entered: 04/15/2004)
04/02/2004 803 ANSWER to Fourth Amended consolidated class action Complaint[484] filed by
Defendant Leo Dierckman.(pj, ) (Entered: 04/14/2004)
04/05/2004 805 NOTICE of Entry of Order Extending Time for Sabo & Green to Answer Third Party
Complaint of US Trust Company NA (Heartland Receiver Action) filed by Defendants US
Trust Company NA, US Trust Corporation, NA. (This Document Relates to CV02-6512
DT (RCx) (dw, ) (Entered: 04/14/2004)
04/05/2004 807 NOTICE of Entry of Order Extending Time for Atkinson, Andelson, Loya, Ruud & Romo
to Answer Cross-Claims of US Trust Company NA and US Trust Corporation filed by
Defendants US Trust Company NA, US Trust Corporation, NA. (Betker Action) (This
Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 04/15/2004)
04/06/2004 794 MINUTES OF Telephone Conference held before Judge Rosalyn M. Chapman : The
accounting/appraisal defendants are ordered to conduct a telephonic conference within the
next two weeks regarding the selection of a new discovery representative, and the
representative shall file a notice of appearance.Tape #: 04-2. (dts, ) (Entered: 04/07/2004)
04/06/2004 804 ORDER by Judge Dickran Tevrizian: The following briefing schedule applies to the
Motion for Class Certification in the above-entitled action: Plaintiffs' file their Motion for
Class Certification: 4/12/04; Defendants to file any Opposition Briefs or Notices of Non-
Opposition: 5/3/04; Plaintiffs to file their Reply Briefs: 5/24/04; Hearing on Motion:
6/14/04; (This Document Relates to CV02-382 DT (RCx)(dw, ) (Entered: 04/14/2004)
04/07/2004 798 NOTICE OF MOTION AND MOTION to Extend Time Limitation Upon the Deposition
of Jerold Goldstein and Joint Stipulation Therein filed by Class Action Plaintiffs Motion
set for hearing on 5/5/2004 at 09:30 AM before Magistrate Rosalyn M. Chapman. Lodged
Order. (dw, ) (Entered: 04/09/2004)
04/07/2004 813 RESPONSE filed by defendant Valuation Counselors Group Inc. to plaintiffs' petition for
order to show cause why plaintiffs' request for admissions should not be deemed admitted
[801]. [This document relates to CV 01-05752, CV 02-00382, CV 02-00993, CV 02-
06484 and CV 02-09221 DT (RCx)] (gk, ) (Entered: 04/19/2004)
04/07/2004 814 RESPONSE of defendants Valuation Counselors Inc., Zelenkofske, Axelrod Ltd. & Co. to
the Order to Show Cause Regarding Certain Defendants' Failure to Comply with
Discovery Obligations 802; declaration of Jeffrey L. Le Pere. [This document relates to
CV 02-00382 DT (RCx)] (gk, ) (Entered: 04/19/2004)
04/07/2004 815 OPPOSITION to Order to Show Cause re Certain defendants' failure to comply with
discovery obligations 802 filed by Defendant Victor P. Dhooge. [This document relates to
CV 02-00382 DT (RCx)] (gk, ) (Entered: 04/19/2004)
04/07/2004 816 OPPOSITION by Tarrant County Health Facilities Development Corporation to Order to
Show Cause/Declaration of Attorney Thomas E. Francis re: OSC 802. [This document
relates to all actions] (gk, ) (Entered: 04/19/2004)
04/07/2004 817 RESPONSE by defendant Capital Valuation Group to Order to Show Cause Re Certain
Defendants' Failure to Comply with Discovery Obligations 802; declaration of Mary E.
Kohart. [This document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 04/19/2004)
04/07/2004 818 NOTICE OF MOTION AND MOTION for Summary Judgment or in the alternative
Summary Adjudication upon Betker Plaintiffs' Complaint filed by defendant Joel T.
Boehm; Motion set for hearing on 6/21/2004 at 10:00 AM before Honorable Dickran
Tevrizian. Lodged Proposed Statement and Judgment. [This document relates to CV 01-
05752 DT (RCx)](gk, ) (Entered: 04/19/2004)
04/07/2004 819 MEMORANDUM OF POINTS AND AUTHORITIES in Support of Motion for
Summary Judgment or in the alternative Summary Adjudication upon Betker Plaintiffs'
Complaint [818] filed by defendant Joel T. Boehm. [This document relates to CV 01-
05752 DT (RCx)] (gk, ) (Entered: 04/19/2004)
04/07/2004 820 DECLARATION of Kimberly D. Howatt in Support of MOtion for Summary Judgment
or in the alternative Summary Adjudication upon Betker Plaintiffs' Complaint [818] filed
by defendant Joel T. Boehm. [This document relates to CV 01-05752 DT (RCx)] (gk, )
(Entered: 04/19/2004)
04/07/2004 821 REQUEST FOR JUDICIAL NOTICE in Support of Motion for Smmary Judgment or in
the alternative Summary Adjudication upon Betker Plaintiffs' Complaint [818] filed by
defendant Joel T. Boehm. [This document relates to CV 01-05752 DT (RCx)] (gk, )
(Entered: 04/19/2004)
04/07/2004 822 NOTICE OF LODGMENT in Support of Motion for Summary Judgment or in the
alternative Summary Adjudication upon Betker Plaintiffs' Complaint [818] filed by
defendant Joel T. Boehm. [This document relates to CV 01-05752 DT (RCx)] (gk, )
(Entered: 04/19/2004)
04/09/2004 799 ORDER by Judge Rosalyn M. Chapman: IT IS ORDERED THAT: The Time provided to
Plaintiffs to depose Jerold Goldstein is DENIED. Plaintiffs have failed to show good
cause by not proffering specific areas of examination that may go beyond the hours set.
(Related to MOTION [798])(dw, ) (Entered: 04/09/2004)
04/09/2004 801 PETITION AND SUPPORTING DECLARATION in Support of Order to Show cause Re
Defendant Sabo & Green's Failure to Comply with Discovery Obligations filed by Class
Action Plaintiffs (This Document Relates to CV02-382 DT (RCx) Lodged Order. (dw, )
(Entered: 04/14/2004)
04/09/2004 826 OPPOSITION to Motion to Compel and Request for Sanctions [791] filed by Kasirer
defendants JDDJ Holdings, LP; Health Care Holdings, LLC; CareContinuum, LLC;
BHMC Corp.; Canon Realty Corporation; Debra Kasirer, individually and as Trustee of
The Debra Kasirer Trust; and Robert Kasirer; request for sanctions for filing meritless
motion; declarations of Robert Kasirer, Debra Kasirer, Darlene Ward and Gary Kurtz.
[This document relates to CV 01-05752 DT (RCx)](gk, ) (Entered: 04/21/2004)
04/09/2004 -- OPPOSITION to Motion to Compel and Request for Sanctions; REQUEST for Sanctions
for Filing Meritless Motion filed by Kasirer defendants JDDJ Holdings, LP; Health Care
Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Canon Realty Corporation; Debra
Kasirer, individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer;
declarations of Robert Kasirer, Debra Kasirer, Darlene Ward and Gary Kurtz. [This
document relates to CV 01-05752 DT (RCx)](gk, ) (Entered: 04/21/2004)
04/12/2004 800 MINUTES (IN CHAMBERS) ORDER TAKING OFF CALENDAR PLAINTIFFS'
ORDER TO SHOW CAUSE RE CERTAIN DEFENDANTS' FAILURE TO COMPLY
WITH DISCOVERY OBLIGATIONS by Judge Rosalyn M. Chapman : Off Calendar
[779] Request for Order, Off Calendar [780] Request for Order (dts, ) (Entered:
04/12/2004)
04/12/2004 809 NOTICE OF MOTION AND MOTION for Class Certification filed by Class Action
Plaintiffs; Motion set for hearing on 6/14/2004 at 10:00 AM before Honorable Dickran
Tevrizian. [This document relates to CV 02-0382 DT (RCx)] (gk, ) (Entered: 04/15/2004)
04/12/2004 810 MEMORANDUM OF POINTS AND AUTHORITIES in Support of Class Certification
[809] filed by Class Action Plaintiffs. [This document relates to CV 02-0382 DT (RCx)]
(gk, ) (Entered: 04/15/2004)
04/12/2004 811 DECLARATION of Jill Betts in Support of Motion for Class Certification [809] filed by
Class Action Plaintiffs. [This document relates to CV 02-0382 DT (RCx)] (gk, ) (Entered:
04/15/2004)
04/12/2004 812 DECLARATION of Brian Barry in Support of Motion for Class Certification [809] filed
by Class Action Plaintiffs. [This document relates to CV 02-0382 DT (RCx)] (gk, )
(Entered: 04/15/2004)
04/13/2004 802 ORDER TO SHOW CAUSE RE DEFENDANT SABO & GREEN'S FAILURE TO
COMPLY WITH DISCOVERY OBLIGATIONS by Magistrate Judge Rosalyn M.
Chapman: DENIED. Should be brought as noticed motion. (Related to Petition [801])
(This Document Relates to CV02-382 DT (RCx)(dw, ) (Entered: 04/14/2004)
04/14/2004 829 REPLY Regarding Petition for Order to Show Cause Why Plaintiffs' Requests for
Admission to Defendant Valuation Counselors Group, Inc. Should not be Deemed
Admitted Due to Failure to Respond [779] filed by Class Action Plaintiffs; and declaration
of Jull Betts in support thereof. [This document relates to CV 02-00382 DT (RCx)] (gk, )
Modified on 4/22/2004 (gk, ). (Entered: 04/22/2004)
04/15/2004 808 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
3/29/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 04/15/2004)
04/15/2004 -- TRANSCRIPT filed for proceedings held on 3/29/04. Court Reporter: Lori Muraoka.
(ghap, ) (Entered: 04/15/2004)
04/15/2004 823 EX PARTE APPLICATION for Order to Extend Hearing Date on and Time to Respond
to Sobelman Defendants' Motion for Determination for Good Faith Settlement to Allow
for Taking of Party Depositions filed by Defendant Joel T Boehm. Lodged Order. (dw, )
(Entered: 04/21/2004)
04/15/2004 824 DECLARATION of Charles R. Grebing in Support of Joel T Boehm's EX PARTE
APPLICATION for Order to Extend Time to Respond to Sobelman Defendants' Motion
for Determination For Good Faith Settlement to Allow For Taking of Party Depositions
[823] filed by Defendant Joel T Boehm. (This Document Relates to CV02-382 DT (RCx)
(dw, ) (Entered: 04/21/2004)
04/15/2004 825 MEMORANDUM of Points and Authorities in Support of Defendant Joel T. Boehm's Ex
Parte Application for Order To Extend Hearing Date on and Time to Respond to
Sobelman Defendants' Motion for Determination For Good Faith Settlement to Allow For
Taking of Party Depositions [823] filed by Defendant Joel T Boehm. (This Document
Relates to CV02-382 DT (RCx) (dw, ) (Entered: 04/21/2004)
04/15/2004 839 REPLY BRIEF in Support of Motion to Compel the Production of Documents from the
Kasirer Defendants [791] filed by Plaintiffs (This Document Relates to CV01-5752 (DT)
(RCx). (dw, ) (Entered: 04/30/2004)
04/15/2004 840 DECLARATION of Jason D. Annigian in Reply to Opposition to Plaintiffs' Motion to
Compel the Production of Documents from the Kasirer Defendants and Seeking
Attorneys' Fees and the Imposition of Sanctions [791] filed by Plaintiffs (This Document
Relates to CV01-5752 DT (RCx). (dw, ) (Entered: 04/30/2004)
04/19/2004 827 ORDER ON DEFENDANT JOEL T. BOEHM'S EX PARTE APPLICAITON FOR
ORDER TO EXTEND HEARING DATE ON AND TIME TO RESPOND TO
SOBELMAN DEFENDANTS' MOTION FOR DETERMINATION FOR GOOD FAITH
SETTLEMENT TO ALLOW FOR TAKING OF PARTY DEPOSITIONS by Judge
Dickran Tevrizian: DENIED. (Related to Ex Parte Application [823]) (This Document
Relates to CV02-382 DT (RCx)(dw, ) (Entered: 04/22/2004)
04/19/2004 841 OBJECTION/OPPOSITION to Defendant Boehm's Ex Parte Application to Continue the
5/10/04 Hearing of the Motion for Good Faith Settlement [823] filed by Defendants and
Cross-Defendants Sabo & Green, Michael Sobelman. (This Document Relates to CV02-
382 DT (RCx) (dw, ) (Entered: 04/30/2004)
04/19/2004 842 OBJECTION to the EX PARTE APPLICATION of Defendant Joel Boehm to Extend The
Hearing Date on and Time to Respond to Motion for Determination of Good Faith
Settlement [823]; Declaration of Brian Barry in Support Thereof filed by Class Action
Plaintiffs David Sinow, et al (This Document Relates to: CV02-382 DT (RCx) (dw, )
(Entered: 04/30/2004)
04/19/2004 843 ACKNOWLEDGMENT OF DESIGNATION that Gates O'Dougherty, Gonter & Guy
LLP as Lead Counsel for Accountant/Feasability Defendants filed by Defendants
Valuation Counselors Group Inc and Zelenlopske Axelrod & Co., Ltd (dw, ) Modified on
4/30/2004 (dw, ). (This Document Relates to CV02-382 DT (RCx) (Entered: 04/30/2004)
04/21/2004 833 JOINT EX PARTE APPLICATION for an Order Continuing: (1) The motion for class
certification [809]; (2) discovery cutoff date; and (3) pretrial date filed by Class Action
Plaintiffs, U.S. Trust Defendants, and Boehm Attorney Group Defendants. Lodged
Proposed Order. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
04/29/2004)
04/21/2004 834 DECLARATION of Steven W. Bacon in Support of Joint Ex Parte Application for an
Order Continuing Dates [833] filed by defendants U.S. Trust Company, N.A. and U.S.
Trust Corporation. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
04/29/2004)
04/22/2004 828 MINUTES OF ORDER TO SHOW CAUSE WHY PLAINTIFFS' REQUESTS FOR
ADMISSION TO DEFENDANT VALUATION COUNSELORS GROUP, INC.
SHOULD NOT BE DEEMED ADMITTED DUE TO FAILURE TO RESPOND held
before Judge Rosalyn M. Chapman : Plaintiffs' request to deem its First Set of Requests
for Admissions to defendant Valuation Counselors Group, Inc. admitted IS GRANTED
IN TOTO (SEE DOCUMENT FOR COMPLETE DETAILS) REQUEST for Order[779]
Tape #: 291. (dts, ) (Entered: 04/22/2004)
04/22/2004 830 MINUTES OF Motion Hearing held before Judge Rosalyn M. Chapman : ORDER
GRANTING, IN PART, BETKER PLAINTIFFS' MOTION TO COMPEL THE
PRODUCTION OF DOCUMENTS FROM THE KASIRER DEFENDANTS AND FOR
ATTORNEY'S FEES (see order for complete details) re MOTION for Attorney Fees
MOTION to Compel MOTION to Compel MOTION to Compel MOTION for Sanctions
MOTION for Sanctions MOTION for Sanctions[791] Tape #: 291. (dts, ) (Entered:
04/23/2004)
04/22/2004 844 DECLARATION of Daniel M. Harkins in Opposition to the Joint Ex Parte Application of
Class Action Plaintiffs, US Trust Defendants and Boehm Attorney Group Defendants for
an Order Continuing: 1) The Motion for Class Certification; 2) Discovery Cutoff Date;
and 3) Pretrial Date [809] filed by Plaintiff Betker Partners Three LP, et al. (This
Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 05/03/2004)
04/22/2004 845 DECLARATION of Lisa A. Roquemore in Opposition to the Joint Ex Parte Application
of Class Action Plaintiffs US Trust Defendants and Boehm Attorney Group Defendants
For an Order Continuing: 1) The Motion for Class Certification; 2) Discovery Cut-Off
Date; and 3) Pre-trial Date [833] filed by Plaintiff Betker Partners Three LP, et al. (This
Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 05/03/2004)
04/22/2004 846 JOINDER of Defendants Jerold Goldstein, Clarke Underwood, Geri Ostlund and Richard
Kuhl to Joint EX PARTE APPLICATION of Class Action Plaintiffs, US Trust
Defendants and Boehm Attorney Defendants for an Order Continuing: 1) The motion for
class certification; 2) discovery cutoff date; and pretrial date [619] filed by Defendants
Jerold Goldstein, et al. (This Document relates to CV02-382 DT (RCx)(dw, ) (Entered:
05/03/2004)
04/22/2004 847 NOTICE OF DOCUMENT DISCREPANCY AND ORDER by Judge Dickran Tevrizian,
Ordering that the Judgment Pursuant to F.R.Civ.P. 54(b), received but not filed 4/22/2004,
is not to be filed, but instead rejected, and is ordered returned to counsel. Record does not
reflect defendant is entitled to judgment; case dismissed with prejudice on 8/18/2003; this
was not a summary judgment, rather it was a motion to dismiss which was granted with
prejudice. [This document relates to CV 02-0382 DT](gk, ) (Entered: 05/04/2004)
04/22/2004 851 STIPULATION AND ORDER re Notice of Privacy Rights by Judge Dickran Tevrizian.
[This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/05/2004)
04/26/2004 831 ORDER STRIKING ANSWER AND ENTERING DEFAULT AGAINST THE ESTATE
OF ANDREW KORNREICH FOR FAILURE TO COMPLY WITH COURT ORDER by
Judge Dickran Tevrizian: Court agrees with Plaintiffs' [780] request that defendant's
answer be stricken and default entered, and hereby orders Andrew Kornreich's and/or the
Estate of Andrew Kornreich's Answer [573] stricken and default entered as to said
defendant for not complying with this Court's 2/9/2004 Court Order. This Court hereby
orders that plaintiffs file a Notice of Motion and Motion for Default Judgment as against
this defendant. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
04/28/2004)
04/26/2004 832 MINUTES OF Order to Show Cause Hearing re Failure of Andrew Kornreich to Comply
with Court Order held on 4/26/2004. Court strikes answer of Estate of Andrew Kornreich
and enters default against Estate. Court Reporter: Lori Muraoka. [This document relates to
CV 02-00382 DT] (gk, ) (Entered: 04/28/2004)
04/26/2004 835 ORDER by Judge Dickran Tevrizian upon joint ex parte application [833], continuing
date for defendants to file any opposition briefs or notices of non-opposition to motion for
class certification to 6/7/2004; plaintiffs to file their reply briefs to 6/28/2004; hearing on
motion for class certification [809] to 7/12/2004 at 10:00 AM before Judge Dickran
Tevrizian; Set Deadlines/Hearings: Discovery cut-off 8/27/2004; and Pretrial Conference
and trial setting set for 11/1/2004 01:30 PM before Honorable Dickran Tevrizian. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 04/29/2004)
04/26/2004 848 JOINDER to JOINT EX PARTE APPLICATION of Class Action Plaintiffs, U.S. Trust
Defendants and Boehm Attorney Defendants for an Order Continuing: (1) The motion for
class certification; discovery cutoff; and pretrial date [833] filed by CBIZ defendants
Valuation Counselors Group, Inc. and Zelenkofske Axelrod & Co., Ltd. [This document
relates to CV 02-00382 DT (RCx)]. (gk, ) (Entered: 05/04/2004)
04/26/2004 849 OPPOSITION to the Sobelman Defendants' Request for Approval of Settlement [789]
filed by defendants Joel T. Boehm and Atkinson Andelson Loya Ruud & Romo. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) Modified on 5/5/2004 (gk, ). (Entered:
05/04/2004)
04/26/2004 850 OBJECTIONS and Opposition to Proposed Sobelman Settlement Order [789] filed by
U.S. Trust Defendants U.S. Trust Company, N.A. and U.S. Trust Corporation. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/04/2004)
04/27/2004 852 NNotice of Withdrawal of Opposition to Sobelman Defendants' Request for Approval of
Settlement [849] filed by defendants Joel T. Boehm and Atkinson Andelson Loya Ruud &
Romo. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/05/2004)
04/28/2004 853 EX PARTE APPLICATION for a Stay of Discovery Order issued by Magistrate Judge
Chapman pending hearing on motion for review filed by defendants Canon Realty
Corporation, Debra Kasirer, individually and as Trustee of The Debra Kasirer Trust, and
Robert Kasirer; memorandum of points and authorities; declaration of Gary Kurtz. Lodged
Proposed Order. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
05/06/2004)
04/29/2004 836 NOTICE of Dismissal filed by cross-claimants U.S. Trust Company, N.A. and U.S. Trust
Corporation as to cross-defendants Danforth Health Facilities Corporation, Tarrant County
Health Facilities Development Corporation, City of Mexico Beach, City of Chicago and
Desert Hot Springs Public Financing Authority from the cross-claim. Dismissal without
prejudice. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 04/30/2004)
04/29/2004 837 NOTICE of Dismissal pursuant to Rule 41(a) or (c) F.R.Civ.P. filed by cross-claimants
U.S. Trust Company, N.A. and U.S. Trust Corporation as to cross-claim against cross-
defendants Danforth Health Facilities Corporation, Tarrant County Health Facilities
Development Corporation, City of Mexico Beach, City of Chicago and Desert Hot Springs
Public Financing Authority, without prejudice. [This document relates to CV 01-05752
DT (RCx)] (gk, ) (Entered: 04/30/2004)
04/29/2004 838 NOTICE of Dismissal pursuant to Rule 41(a) or (c) F.R.Civ.P. filed by third party
complainant U.S. Trust Company, N.A. as to third party claim against third party
defendants Danforth Health Facilities Corporation, Tarrant County Health Facilities
Development Corporation, City of Mexico Beach, City of Chicago and Desert Hot Springs
Public Financing Authority, without prejudice. [This document relates to CV 02-06512
DT (RCx)] (gk, ) (Entered: 04/30/2004)
04/29/2004 858 JOINDER to Joint EX PARTE APPLICATION of Class Action Plaintiffs US Trust
Defendants and Boehm Attorney Defendants for an Order Continuing the 1) Motion for
Class Certification; 2) Discovery Cutoff and 3) Pretrial Date [833] filed by Defendant Leo
Dierkman. (This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 05/10/2004)
04/29/2004 859 OPPOSITION to the Kasirers' EX PARTE APPLICATION For A Stay of Discovery
Order Issued by Magistrate Chapman [853]; Declaration of Jason D. Annigian filed by
Plaintiffs (This Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 05/10/2004)
04/29/2004 860 DECLARATION of Jason D. Annigian in Opposition to the Kasirer Defendants' Ex Parte
Application (This Document relates to CV01-5752 DT (RCx) (dw, ) (Entered:
05/10/2004)
04/30/2004 857 NOTICE OF MOTION AND MOTION to Review Discovery Order Issued by Magistrate
Chapman filed by defendants Canon Realty Corporation, Debra Kasirer, individually and
as Trustee of The Debra Kasirer Trust, and Robert Kasirer; Motion set for hearing on
6/14/2004 at 10:00 AM before Honorable Dickran Tevrizian; memorandum of points and
authorities; declaration of Gary Kurtz. [This document relates to CV 02-00382 DT (RCx)]
(gk, ) (Entered: 05/10/2004)
05/03/2004 861 REPLY to Defendant US Trust's Objections and Opposition to Proposed Sobleman
Settlement Order filed by Defendants Michael Sobelman, Sobelman Cohen & Sullivan
LLP (This Document Relates to CV02-0382 DT (RCx) (dw, ) (Entered: 05/11/2004)
05/03/2004 862 REPLY of Class Plaintiffs in Support of Motion for Preliminary Approval of Partial
Settlement with Certain Defendants [789] (This Document Relates to CV02-382 DT
(RCx) filed by Class Action Plaintiffs. (dw, ) (Entered: 05/11/2004)
05/03/2004 863 DECLARATION of Brian Barry in Support of Request for Preliminary Approval of
Settlement [789] filed by Class Action Plaintiffs David Sinow et al (dw, ) Modified on
5/11/2004 (dw, ) (This document relates to CV02-382 DT (RCx) (Entered: 05/11/2004)
05/04/2004 854 ORDER by Judge Dickran Tevrizian based upon the [853] Ex Parte Application for an
Order Staying the 4/22/2004 discovery order issued by Magistrate Judge Chapman,
enforcement of and compliance with said discovery order is hereby stayed pending review
by this Court of said order and further order of this Court. [This document relates to CV
02-00382 DT (RCx)] (gk, ) Modified on 5/7/2004 (gk, ). (Entered: 05/07/2004)
05/05/2004 869 NOTICE OF MOTION AND MOTION to Extend Time Limitation of the Deposition of
Jerold Goldstein; Joint Stipulation in Support Thereof filed by Class Action Plaintiffs
Howard Preston, et al Motion set for hearing on 5/26/2004 at 09:30 AM before Magistrate
Rosalyn M. Chapman. (This Document relates to CV02-382 DT (RCx) (dw, ) (Entered:
05/14/2004)
05/05/2004 870 DECLARATION of Brian Barry in Support of MOTION to Extend Time Limitation of
the Deposition of Jerold Goldstein [869] filed by Class Action Plaintiffs David Sinow, et
al (This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 05/14/2004)
05/05/2004 871 NOTICE OF MOTION AND MOTION and JOINT STIPULATION to Compel
Production of Documents from Defendant Sabo & Green filed by Class Action Plaintiffs
David Sinow, et al. Motion set for hearing on 5/26/2004 at 09:30 AM before Magistrate
Rosalyn M. Chapman. (This Document relates to: CV02-0382 DT (RCx) (dw, ) (Entered:
05/14/2004)
05/05/2004 872 DECLARATION of Jill Betts in Support of MOTION to Compel Production of
Documents from Defendant Sabo & Green [871] filed by Class Action Plaintiffs David
Sinow, et al (This Document relates to CV02-382 DT (RCx) (dw, ) (Entered: 05/14/2004)
05/05/2004 873 DECLARATION of Brian Barry in Support of MOTION to Compel Production of
Documents from Defendant Sabo & Green [871] filed by Class Action Plaintiffs David
Sinow, et al (This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 05/14/2004)
05/07/2004 855 MINUTES (IN CHAMBERS) PLAINTIFFS' MOTION TO EXTEND TIME
LIMITATION OF THE DEPOSITION OF JEROLD GOLDSTEIN NOTICED FOR
5/26/04, WILL COMMENCE AT 10:30 a.m. ORDER by Judge Rosalyn M.
Chapman,(dts, ) (Entered: 05/07/2004)
05/07/2004 856 MINUTES (IN CHAMBERS) PLAINTIFFS' MOTION TO COMPEL PRODUCTION
OF DOCUMENTS FROM DEFENDANT SABO & GREEN NOTICED FOR 5/26/04,
WILL COMMENCE AT 10:30 a.m. by Judge Rosalyn M. Chapman,(dts, ) (Entered:
05/07/2004)
05/10/2004 864 MINUTES of hearing held before Judge Dickran Tevrizian: The Motion for Preliminary
Approval of Settlement and Determination of Good Faith as to Defendants Michael
Sobleman and Sobelman Cohen & Sullivan LLP filed by defendants Michael Sobelman,
Sobelman Cohen & Sullivan LLP [789] is granted. Court Reporter: Lori Muraoka. (gk, )
(Entered: 05/13/2004)
05/10/2004 865 ORDER GRANTING DEFENDANTS MICHAEL SOBELMAN AND SOBELMAN
COHEN & SULLIVAN, LLP'S MOTION IN SUPPORT OF REQUEST FOR
PRELIMINARY APPROVAL OF SETTLEMENT AND DETERMINATION OF GOOD
FAITH by Judge Dickran Tevrizian: This Court concludes that this Proposed Settlement
Order is fair, reasonable and adequate, and hereby grants defendants Michael Sobelman,
Sobelman Cohen & Sullivan LLP's Motion in Suppport of Request for Preliminary
Approval of Settlement and Determination of Good Faith [789]. [This document relates to
CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/13/2004)
05/10/2004 875 ORDER PRELIMINARILY APPROVING SETTLEMENT, AND BARRING CLAIMS
FOR INDEMNITY AND CONTRIBUTIONS AGAINST SETTLING DEFENDANTS
AND DISMISSING ALL SUCH CLAIMS FILED TO DATE by Judge Dickran
Tevrizian. (gk, ) (Entered: 05/17/2004)
05/10/2004 918 ANSWER to the Fourth Amended Consolidated Class Action Complaint [484]filed by
defendants Valuation Counselors Group, Inc. and Zelenkofske, Axelrod & Co., Ltd. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/02/2004)
05/12/2004 874 STIPULATION AND ORDER by Judge Dickran Tevrizian that defendant Tarrant County
Health Facilities Corporation is dismissed without prejudice in accordance with F.R.Civ.P.
Rule 41(a). [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
05/17/2004)
05/12/2004 876 NOTICE of Change of Address filed by defendants Valuation Counselors, Inc. and
Zelenkofske Axelrod & Co., Ltd., changing attorney information re attorney Michelle
Jenkins is no longer employed by the firm Gates, O'Doherty, Gonter & Guy, all
subsequent documents to be served upon F. X. Sean O'Doherty. (gk, ) (Entered:
05/18/2004)
05/13/2004 866 NOTICE of Dismissal filed by Third Party Claimant U.S. Trust Company N.A. as to
Fulbright & Jaworski LLP, Wildman Harrold Allen & Dixon LLP and Foley & Lardner of
third party claim pursuant to Rule 41(a) or (c) of the F.R.Civ.P. [This document relates to
CV 02-06512 DT (RCx)] (gk, ) (Entered: 05/14/2004)
05/13/2004 867 NOTICE of Dismissal filed by cross-claimants U.S. Trust Company, N.A. and U.S. Trust
Corporation as to Fulbright & Jaworski LLP, Wildman Harrold Allen & Dixon LLP and
Foley & Lardner of cross-claim pursuant to Rule 41(a) or (c) of the F.R.Civ.P. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/14/2004)
05/13/2004 868 NOTICE of Dismissal filed by cross-claimants U.S. Trust Company, N.A. and U.S. Trust
Corporation as to Fulbright & Jaworski LLP, Wildman Harrold Allen & Dixon LLP and
Foley & Lardner of cross-claim pursuant to Rule 41(a) or (c) of the F.R.Civ.P. [This
document relates to CV 02-05752 DT (RCx)] (gk, ) (Entered: 05/14/2004)
05/13/2004 895 Amendment Notice of Motion and Motion for Class Certification [809] filed by Class
Action Plaintiffs. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
05/28/2004)
05/14/2004 878 NOTICE OF MOTION AND MOTION to withdraw admissions deemed admitted and to
reconsider Mag Chapmans ruling filed by Defendant Valuation Counselors Group Inc.
Motion set for hearing on 6/28/2004 at 10:00 AM before Honorable Dickran Tevrizian.
(pj, ) (Entered: 05/25/2004)
05/14/2004 879 NOTICE OF CANCELLATION OF HEARING ON MOTION TO EXTEND TIME
limitation upon the deposition of Jerold Goldstein filed by Class Action Plaintiffs David
Sinow. (pj, ) (Entered: 05/25/2004)
05/14/2004 896 NOTICE OF SUBMISSION of Additional Authority in Support of Motion to Compel
Production of Documents from Sabo & Green [871] filed by Class Action Plaintiffs. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/28/2004)
05/18/2004 880 NOTICE OF MOTION AND MOTION for Right to Attach Order, Injunction and Other
Relief filed by Betker Plaintiffs Russel and Virginia Betker, as Trustees of the Betker
Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael
O'Shea; Motion set for hearing on 6/7/2004 at 10:00 AM before Honorable Dickran
Tevrizian; memorandum of points and authorities and declaration of Lisa A. Roquemore
in support thereon. Lodged Proposed Order. [This document relates to CV 01-05752 DT
(RCx)] (gk, ) (Entered: 05/25/2004)
05/18/2004 881 MEMORANDUM of Points and Authorities in Support Application for Right to Attach
Order, Injunction and Other Relief [880] filed by Betker Plaintiffs Russel and Virginia
Betker, as Trustees of the Betker Family Trust, Betker Partners One, LP, Betker Partners
Three, LP, and Lori and Michael O'Shea. [This document relates to CV 01-05752 DT
(RCx)] (gk, ) (Entered: 05/25/2004)
05/18/2004 882 DECLARATION of Lisa A. Roquemore in Support of Memorandum of Points and
Authorities in Support of Application for Right to Attach Order, Injunction and Other
Relief [880] filed by Betker Plaintiffs Russel and Virginia Betker, as Trustees of the
Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and
Michael O'Shea. [This document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered:
05/25/2004)
05/18/2004 883 NOTICE OF Application and Hearing for Right to Attach Order and Order for Issuance of
Writ of Attachment [880] to Robert Kasirer, Debra Kasirer, individually and as Trustee of
the Debra Kasirer Trust filed by Betker Russel and Virginia Betker, as Trustees of the
Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and
Michael O'Shea. [This document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered:
05/25/2004)
05/18/2004 884 APPLICATION for Right to Attach Order, Order for Issuance of Writ of Attachment
After Hearing filed by Betker Plaintiffs Russel and Virginia Betker, as Trustees of the
Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and
Michael O'Shea. Lodged Proposed Order. [This document relates to CV 01-05752 DT
(RCx)](gk, ) (Entered: 05/25/2004)
05/19/2004 894 AMENDED STIPULATION of Parital Settlement filed by Defendant Michael Sobelman.
(dw, ) Modified on 5/28/2004 (dw, ). (This Document Relates to CV02-382 DT (RCx)
(Entered: 05/28/2004)
05/20/2004 877 Substitution of Attorney filed by Defendant Bruce Talley substituting Robert Scott
Dreher, The Dreher Law Firm in the place and stead of Steven M. Green by Judge
Dickran Tevrizian. (dw, ) (Entered: 05/24/2004)
05/24/2004 885 STIPULATION AND ORDER to Continue Hearing on Betker Plaintiff's Application for
Right to Attachment Order Injunction and Other Relief by Judge Dickran Tevrizian -
DENIED (This Document Relates to CV01-5752 (RCx)(dw, ) (Entered: 05/26/2004)
05/24/2004 889 NOTICE OF MOTION AND MOTION for Partial Summary Judgment, or, in the
Alternative, for Summary Adjudication of Issues (Heartland Receiver Action) filed by
defendant and third party plaintiff U.S. Trust Company, N.A., successor by merger to U.S.
Trust Company of Texas, N.A.; Motion set for hearing on 6/14/2004 at 10:00 AM before
Honorable Dickran Tevrizian. Lodged Proposed Statement and Order. [This document
relates to CV 02-06512 DT (RCx)] (gk, ) (Entered: 05/27/2004)
05/24/2004 890 MEMORANDUM of Points and Authorities in Support of Motion for Partial Summary
Judgment, or, in the Alternative, for Summary Adjudication of Issues (Heartland Receiver
Action) [889] filed by defendant and third party plaintiff U.S. Trust Company, N.A.,
successor by merger to U.S. Trust Company of Texas, N.A. [This document relates to CV
02-06512 DT (RCx)] (gk, ) (Entered: 05/27/2004)
05/24/2004 891 DECLARATION of Steven W. Bacon in Support of Motion for Partial Summary
Judgment, or, in the Alternative, for Summary Adjudication of Issues (Heartland Receiver
Action) [889] filed by defendant and third party plaintiff U.S. Trust Company, N.A.,
successor by merger to U.S. Trust Company of Texas, N.A. [This document relates to CV
02-06512 DT (RCx)] (gk, ) (Entered: 05/27/2004)
05/24/2004 892 NOTICE OF MOTION AND MOTION for Default Judgment Against the Estate of
Andrew Kornreich filed by Class Action Plaintiffs; Motion set for hearing on 6/14/2004 at
10:00 AM before Honorable Dickran Tevrizian. [This document relates to CV 02-00382
DT (RCx)] (gk, ) (Entered: 05/27/2004)
05/24/2004 893 DDECLARATION of Brian Barry in Support of Motion for Default Judgment Against the
Estate of Andrew Kornreich [892] filed by Class Action Plaintiffs. [This document relates
to CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/27/2004)
05/24/2004 898 MEMORANDUM of Points and Authorities in Support of Request for Preliminary
Approval of Settlement and Determination of Good Faith [897] filed by defendants Joel T.
Boehm, Sabo & Green and Atkinson Andelson Loya Ruud & Romo. [This document
relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/31/2004)
05/24/2004 899 STIPULATION of Partial Settlement re Request for Preliminary Approval of Settlement
and Determination of Good Faith as to defendants Joel T. Boehm, Sabo & Green and
Atkinson Andelson Loya Ruud & Romo [897]. [This document relates to CV 02-00382
DT (RCx)] (gk, ) (Entered: 05/31/2004)
05/24/2004 900 DECLARATION of Charles R. Grebing filed in Support of Motion for Preliminary
Approval of Settlement [897] filed by defendants Joel T. Boehm, Sabo & Green and
Atkinson Andelson Loya Ruud & Romo. [This document relates to CV 02-00382 DT
(RCx)] (gk, ) (Entered: 05/31/2004)
05/24/2004 901 PROOF OF SERVICE filed by defendant Joel T. Boehm re [897] Notice of Motion and
Motion in Support of Request for Preliminary Approval of Settlement, [898]
Memorandum of Points and Authorities in Support of Motion, [899] Stipulation of Partial
Settlement, and [900] Declaration of Charles R. Grebing, was served on 5/24/2004. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/31/2004)
05/24/2004 902 OPPOSITION to Betker Plaintiff's Application for Right to Attachment Order, Injunction
and Other Relief [884] filed by defendants JDDJ Holdings, LP; Health Care Holdings,
LLC; CareContinuum, LLC; BHMC Corp.; Bistra & Munkacs Holdings, Inc.; Canon
Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra Kasirer
Trust; and Robert Kasirer. [This document relates to CV 01-05752 DT (RCx)] (gk, )
(Entered: 05/31/2004)
05/24/2004 903 NOTICE OF MOTION for Approval of Settlement and Determination of Good Faith as to
defendants J. Clarey, K. Dawkins, V. Dhooge, P. Ekholm, S. Erickson, E. Hentges, J.
Iverson, K. Larsen and J. Tabolich filed by defendants John M. Clarey and Kenneth E.
Dawkins; Motion set for hearing on 6/14/2004 at 10:00 AM before Honorable Dickran
Tevrizian. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
05/31/2004)
05/24/2004 904 MEMORANDUM of Points and Authorities in Support of Request for Preliminary
Approval of Settlement and Determination of Good Faith [903] filed by defendants John
M. Clarey and Kenneth E. Dawkins. [This document relates to CV 02-00382 DT (RCx)]
(gk, ) (Entered: 05/31/2004)
05/24/2004 905 DECLARATION of Kevin W. Alexander in Support of Motion for Preliminary Approval
of Settlement and Determination of Good Faith as to defendants J. Clarey, K. Dawkins, V.
Dhooge, P. Ekholm, S. Erickson, E. Hentges, J. Iverson, K. Larsen and J. Tabolich [903]
filed by defendants John M. Clarey and Kenneth E. Dawkins. [This document relates to
CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/31/2004)
05/24/2004 907 PROOF OF SERVICE filed by defendants John M. Clarey and Kenneth E. Dawkins re
[903] Notice of Motion for Approval of Settlement and Determination of Good Faith as to
defendants J. Clarey, K. Dawkins, V. Dhooge, P. Ekholm, S. Erickson, E. Hentges, J.
Iverson, K. Larsen and J. Tabolich, [904] Memorandum of Points and Authorities in
Support of Request for Preliminary Approval of Settlement and Determination of Good
Faith, [905] Declaration of Kevin W. Alexander, was served on 5/24/2004. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/01/2004)
05/26/2004 886 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
5/10/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 05/27/2004)
05/26/2004 -- TRANSCRIPT filed for proceedings held on 5/10/04. Court Reporter: Lori Muraoka.
(ghap, ) (Entered: 05/27/2004)
05/26/2004 887 MINUTES OF Motion Hearing held before Judge Rosalyn M. Chapman : ORDER
GRANTING, IN PART, CLASS PLAINTIFFS' MOTION TO COMPEL PRODUCTION
OF DOCUMENTS FROM DEFENDANT SABO & GREEN (SEE ORDER FOR
COMPLETE DETAILS) re MOTION to Compel[871] Tape #: 294 and 295. (dts, )
(Entered: 05/27/2004)
05/26/2004 888 MINUTES (IN CHAMBERS) ORDER AMENDING PARAGRAPH 19 OF THE
AMENDED GENERAL DISCOVERY ORDER OF AUGUST 15, 2003, AND
REQUIRING IMMEDIATE COMPLIANCE WITH IT BY DEFENDANTS SABO &
GREEN, ROBERT KASIRER, DEBRA KASIRER AND U. S. TRUST CORPORATION
by Judge Rosalyn M. Chapman: (SEE ORDER FOR COMPLETE DETAILS),(dts, )
(Entered: 05/27/2004)
05/26/2004 897 NOTICE OF MOTION AND MOTION in Support of Request for Preliminary Approval
of Settlement and Determination of Good Faith filed by defendants Joel T. Boehm, Sabo
& Green and Atkinson Andelson Loya Ruud & Romo; Motion set for hearing on
6/14/2004 at 10:00 AM before Honorable Dickran Tevrizian. [This document relates to
CV 02-00382 DT (RCx)] (gk, ) (Entered: 05/31/2004)
05/26/2004 906 NOTICE OF CONTINUANCE re MOTION for partial summary judgment, or in the
alternative for summary adjudication of issues [889] filed by Defendant and Third Party
Plaintiff US Trust Company US Trust Company NA. (pj, ) (Entered: 06/01/2004)
05/27/2004 917 STIPULATION AND ORDER RE Briefing Schedule on US Trust Company NA's
Continued Motion for Partial Summary Judgment Etc. (Heartland Receiver Action)[889]
by Judge Dickran Tevrizian: It is hereby ordered: The Briefing scheudle on US Trust's
Moiton is modified as follows: 1) Opposition papers to US Trust's Motion is due no later
than 6/11/04; and 2) US Trust's reply papers to opposition are due no later than
6/25/04.(dw, ) Modified on 6/2/2004 (dw, ). (This Document Relates to CV02-6512 DT
(RCx) (Entered: 06/02/2004)
05/28/2004 908 MOTION for Summary Adjudication Upon Betker Plaintiffs Complaint filed by
Defendant Jerold V Goldstein. Motion set for hearing on 6/21/2004 at 10:00 AM before
Honorable Dickran Tevrizian. (dw, ) Modified on 6/2/2004 (dw, ). (This Document relates
to (CV01-5752 DT RCx) (Entered: 06/02/2004)
05/28/2004 909 DECLARATION of Steven R. Skirvin in Support of Defendant Jerold Goldstein's
MOTION for Summary Adjudication [908] Upon Betker Plaintiffs' Complaint and Joinder
to Joel T. Boehm's Motion for Summary Judgment or in the Alternative for Summary
Adjudication on Betker Plaintiff's Complaint filed by Defendant Jerold V Goldstein. (This
Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 06/02/2004)
05/28/2004 910 OPPOSITION OF US TRUST DEFENDANTS to Proposed Settlement Orders of Boehm
Group and M&S Principals filed by Defendants US Trust Company NA, and US Trust
Corporation (This document relates to CV02-382 DT (RCx) (dw, ) (Entered: 06/02/2004)
05/28/2004 911 LIMITED JOINDER to Joel T. Boehm's MOTION for Summary Judgment or in the
Alternative for Summary Adjudication on Betker Plaintiff's Complaint [908] filed by
Defendant Jerold V Goldstein. (This Document Relates to CV01-5752 DT (RCx) (dw, )
(Entered: 06/02/2004)
05/28/2004 912 REQUEST for Judicial Notice in Support of Defendant Jerrold Goldstein's MOTION for
Summary Adjudication Upon Betker Plaintiffs' Complaint and Joinder to Joel T. Boehm's
Motion for Summary Adjudication on Betker Plaintiff's Complaint [908] filed by
Defendant Jerold V Goldstein. (dw, ) (Entered: 06/02/2004)
05/28/2004 913 OPPOSITION to the Kasirer Defendants' MOTION to Review Discovery Order Issued by
Magistrate Chapman [857] filed by Plaintiffs' (This Document Relates to CV01-5752 DT
(RCx). (dw, ) (Entered: 06/02/2004)
05/28/2004 914 DECLARATION of Lisa A. Roquemore in Opposition to the Kasirer Defendant's
MOTION to Review of Discovery Order Issued by Magistrate Chapman [857] filed by
Plaintiffs (This Document relates to CV01-5752 DT (RCx). (dw, ) (Entered: 06/02/2004)
05/28/2004 915 DECLARATION of Jason D Annigian in Opposition to the Kasirer Defendants' MOTION
to Review Discovery Order Issued by Magistrate Chapman [857] filed by Plaintiffs (This
Document Relates to CV01-5752 DT (RCx). (dw, ) (Entered: 06/02/2004)
05/28/2004 916 REPLY to Kasirer Defendants' Opposition to APPLICATION for Writ to Attach Order,
Injunction and Other Relief [884] filed by Plaintiffs (This Document Relates to CV01-
5752 DT (RCx). (dw, ) (Entered: 06/02/2004)
06/01/2004 919 NOTICE OF MOTION AND MOTION of City of Mexhico Beach for Entry of Judgment
filed by Defendant Motion set for hearing on 6/28/2004 at 10:00 AM before Honorable
Dickran Tevrizian. Lodged Proposed Order. (This Document Relates to CV02-382 DT
(RCx)(dw, ) (Entered: 06/03/2004)
06/01/2004 920 MEMORANDUM OF POINTS AND AUTHORITY SUPPORTING CITY OF MEXICO
BEACH'S MOTION FOR ENTRY OF JUDGMENT Pursuant to Federal in Support of
MOTION for Judgment[919] filed by Defendant (This Document Relates to CV02-382
DT (RCx). (dw, ) (Entered: 06/03/2004)
06/01/2004 921 REQUEST FOR JUDICIAL NOTICE in Support of MOTION for City of Mexico Beach
for Entry of Judgment [919] filed by Defendant (This Document Relates to CV02-382 DT
(RCx). (dw, ) (Entered: 06/03/2004)
06/01/2004 922 MEMORANDUM of Points and Authorities Re: Motion for Preliminary Approval of
Settlement [897] filed by Plaintiffs (This Document Realtes to CV02-382 DT (RCx). (dw,
) (Entered: 06/03/2004)
06/01/2004 923 DECLARATION of Brian D. Miller Re: Motion for Preliminary Approval of Settlement
[897] filed by Hermann Plaintiffs (This Document Relates to CV02-382 DT (RCx). (dw, )
(Entered: 06/03/2004)
06/02/2004 924 NOTICE of Appearance of Counsel for Defendants Valuation Counselors Group Inc and
Zelenkofske, Axelrod & Co., Ltd filed by attorney Craig Varnen on behalf of Defendant
Valuation Counselors Group Inc and Zelenkofske Axelrod, & Co., Ltd (dw, ) (Entered:
06/03/2004)
06/03/2004 926 JOINDER by Kasirer Related Defendants to Summary Judgmnet Motions filed by Jerold
V Goldstein and Joel Boehm [818] filed by Kasirer Related Defendants (dw, ) Modified
on 6/7/2004 (dw, ). (This Document Relates to CV02-382 DT (RCx) (Entered:
06/07/2004)
06/04/2004 941 JOINDER in the Motion of the City of Mexico Beach for Entry of Judgment Pursuant to
F.R.Civ.P. 54(b) [919] filed by defendant Desert Hot Springs Public Financing Authority.
[This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/08/2004)
06/04/2004 942 OBJECTIONS to Orders Dated 5/26/2004 and EX PARTE APPLICATION to Extend
Time to File and Serve Declaration(s) in Support of Privilege Claims filed by The Kasirer
Defendants JDDJ Holdings, LP; Health Care Holdings, LLC; CareContinuum, LLC;
BHMC Corp.; Bistra & Munkacs Holdings, Inc.; Canon Realty Corporation; Debra
Kasirer, individually and as Trustee of the Debra Kasirer Trust; and Robert Kasirer;
memorandum of points and authorities; declaration of Gary Kurtz.[This document relates
to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/08/2004)
06/04/2004 943 NOTICE OF ERRATA filed by the Betker Plaintiffs' Russel and Virginia Betker, as
Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP;
and Lori and Michael O'Shea of Declaration of Lisa A. Roquemore in Support of
Memorandum of Points and Authorities in Support of Application for Right to Attach
Order, Injunction and Other Relief [882]. [This document relates to CV 01-05752 DT
(RCx)] (gk, ) (Entered: 06/08/2004)
06/07/2004 925 NOTICE OF NON-OPPOSITION to Class Plaintiffs' Motion for Class Certification [809]
filed by defendants Joel T. Boehm, Sabo & Green and Atkinson Andelson Loya Ruud &
Romo. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/07/2004)
06/07/2004 927 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION to Motion for
Class Certification [809] filed by defendants and cross-claimants U.S. Trust Company
N.A. and U.S. Trust Corporation. [This document relates to CV 02-00382 DT (RCx)] (gk,
) (Entered: 06/07/2004)
06/07/2004 928 DECLARATION of Steven W. Bacon in Support of Opposition to Motion for Class
Certification [809] filed by defendants and cross-claimants U.S. Trust Company, N.A. and
U.S. Trust Corporation. [This document relates to CV 02-00382 DT (RCx)] (gk, )
(Entered: 06/07/2004)
06/07/2004 929 REQUEST FOR JUDICIAL NOTICE in Support of Opposition to Motion and Amended
Motion for Class Certification [809] filed by defendants and cross-claimants U.S. Trust
Company, N.A. and U.S. Trust Corporation. [This document relates to CV 02-00382 DT
(RCx)] (gk, ) (Entered: 06/07/2004)
06/07/2004 930 REPLY to Opposition to Defendant U.S. Trust's and Herrmann Plaintiffs' Opposition to
Request for Preliminary Approval of Settlement and Determination of Good Faith [897]
filed by defendants Joel T. Boehm, Sabo & Green and Atkinson Andelson Loya Ruud &
Romo. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/07/2004)
06/07/2004 931 NOTICE OF MOTION AND MOTION for Partial Summary Judgment, or in the
alternative, for Summary Adjudication of Issues, on Fifth Cause of Action (Negligence)
against Defendant Virgil Lim filed by Class Action Plaintiffs; Motion set for hearing on
6/28/2004 at 10:00 AM before Honorable Dickran Tevrizian. Lodged Proposed Order &
Uncontroverted Facts. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
06/07/2004)
06/07/2004 932 MEMORANDUM OF POINTS AND AUTHORITIES in Support of Motion for Partial
Summary Judgment, or in the alternative, for Summary Adjudication of Issues, on Fifth
Cause of Action (Negligence) against Defendant Virgil Lim [931] filed by Class Action
Plaintiffs. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/07/2004)
06/07/2004 933 DECLARATION of Brian Barry in Support of Motion for Partial Summary Judgment, or
in the alternative, for Summary Adjudication of Issues, on Fifth Cause of Action
(Negligence) against Defendant Virgil Lim [931] filed by Class Action Plaintiffs. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/07/2004)
06/07/2004 934 DECLARATION of Brian Barry in Support of Motion for Default Judgment against the
Estate of Andrew Kornreich [892] filed by Class Action Plaintiffs. [This document relates
to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/07/2004)
06/07/2004 935 REQUEST FOR JUDICIAL NOTICE in Support of Motion for Partial Summary
Judgment, or in the alternative, for Summary Adjudication of Issues, on Fifth Cause of
Action (Negligence) against defendant Virgil Lim [931] filed by Class Action Plaintiffs.
[This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/07/2004)
06/07/2004 936 STATEMENT OF NON-OPPOSITION to Motion of City of Mexico Beach for Entry of
Judgment Pursuant to F.R.Civ.P. 54(b) [919] and Statement of Non-Opposition to Desert
Hot Springs Joinder in Same Motion filed by Class Action Plaintiffs. [This document
relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/07/2004)
06/07/2004 937 NOTICE of Firm Name Change changing Firm Name to Feldhake Roquemore LLP. Filed
by Betker Plaintiffs Betker (dw, ) (This Document Relates to CV01-5752 DT (RCx)
(Entered: 06/08/2004)
06/07/2004 938 MINUTES OF Hearing held on Betker Plaintiffs' Motion for Right to Attach Order,
Injunction and Other Relief before Judge Dickran Tevrizian: Betker Plaintiff's Motion for
Right to Attach Order, Injunction and other Relief [880] is granted. Court set bail in the
amount of $5,000 as to the injunction order. Court sets bail in the amount of $7,500 as to
the right to attach order. Court Reporter: Lori Muraoka. [This document relates to CV 01-
05752 DT (RCx)] (gk, ) (Entered: 06/08/2004)
06/07/2004 939 ORDER GRANTING BETKER PLAINTIFFS' APPLICATION FOR RIGHT TO
ATTACH ORDER, INJUNCTION AND OTHER RELIEF [880] by Judge Dickran
Tevrizian. [This document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered:
06/08/2004)
06/07/2004 940 RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF
WRIT OF ATTACHMENT [884] by Judge Dickran Tevrizian: Court orders that plaintiff
has a right to attach property of defendsnts Robert Kasirer, Debra Kasirer, Debra Kasirer
as Trustee of the Debra Kasirer Trust (aka Debra Kasirer Separate Property Turst) in the
amount of $24,800,000. Clerk shall issue a writ of attachment forthwith for the property
described as 611 N. Canon Dr., Beverly Hills, CA 90210 and its proceeds. [This document
relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/08/2004)
06/07/2004 -- PLACED IN FILE - NOT USED re Supplemental [Proposed] Order Granting Plaintiffs'
Application for Right to Attach Order, Injunction and Other Relief submitted by plaintiffs
Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One,
LP; Betker Partners Three, LP; and Lori and Michael O'Shea, lodged 5/18/2004. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) Modified on 6/8/2004 (gk, ). (Entered:
06/08/2004)
06/07/2004 944 OPPOSITION to defendant Joel T. Boehm's Motion for Summary Judgment/Summary
Adjudication [818] filed by plaintiffs Russel and Virginia Betker, as Trustees of the
Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and
Michael O'Shea; declarations of Joshua M. Wolff and Daniel M. Harkins; exhibits. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/08/2004)
06/07/2004 945 STATEMENT OF GENUINE ISSUES IN OPPOSITION to defendant Joel T. Boehm's
Motion for Summary Judgment/Summary Adjudication [818] filed by plaintiffs Russel
and Virginia Betker, as Trustees of the Betker Family Trust, Betker Partners One, LP,
Betker Partners Three, LP, and Lori and Michael O'Shea; declarations of Joshua M. Wolff
and Daniel M. Harkins; exhibits. [This document relates to CV 01-05752 DT (RCx)] (gk,
) (Entered: 06/08/2004)
06/07/2004 946 AMENDED JOINDER to Summary Judgment Motions filed by Jerold V. Goldstein [908]
and Joel Boehm [818] filed by Kasirer Related Defendants JDDJ Holdings, LP; Health
Care Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Bistra & Munkacs Holdings,
Inc.; Canon Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra
Kasirer Trust; and Robert Kasirer. [This document relates to CV 01-05752 DT (RCx)]
(gk, ) (Entered: 06/09/2004)
06/07/2004 947 REPLY in Support of Motion to Review Discovery Order issued by Magistrate Chapman
[857] filed by defendants Kasirer Related Defendants JDDJ Holdings, LP; Health Care
Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Bistra & Munkacs Holdings, Inc.;
Canon Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra
Kasirer Trust; and Robert Kasirer. [This document relates to CV 01-05752 DT (RCx)]
(gk, ) (Entered: 06/09/2004)
06/07/2004 948 OBJECTIONS to Ex Parte Application of the Kasirer Defendants which seeks to modify
(1) the 5/26/2004 Order issued by this Court on the motion to compel production of
documents from defendant Sabo & Green and (2) the 5/26/2004 Order Amending the
General Discovery Order filed by Class Action Plaintiffs and declaration of Brian Barry in
support thereof. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
06/09/2004)
06/07/2004 949 REPLY to Objections to Proposed Settlements filed by Class Action Plaintiffs. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/09/2004)
06/07/2004 951 DECLARATION of Brian Barry in Reply to Objections to Proposed Settlements [949]
filed by Class Action Plaintiffs. [This document relates to CV 02-00382 DT (RCx)] (gk, )
Modified on 6/9/2004 (gk, ). (Entered: 06/09/2004)
06/07/2004 952 REPLY BRIEF in Support of Motion for Approval of Settlement and Determination of
Good Faith [903] filed by defendants John M. Clarey and Kenneth E. Dawkins. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/09/2004)
06/07/2004 953 PROOF OF SERVICE filed by defendants John M. Clarey and Kenneth E. Dawkins
re[952] Reply Brief in Support of Motion for Approval of Settlement and Determination
of Good Faith, was served on 6/7/2004. [This document relates to CV 02-00382 DT
(RCx)] (gk, ) (Entered: 06/09/2004)
06/07/2004 954 OPPOSITION to Plaintiffs' Motion for Class Certification [809] filed by defendant
Capital Valuation Group. [This document relates to CV 02-00382 DT (RCx)] (gk, )
(Entered: 06/09/2004)
06/07/2004 955 DECLARATION of Jon D. Gingrich in Support of Opposition to Plaintiffs' Motion for
Class Certification [890] filed by defendants Valuation Counselors Group, Inc. and
Zelenkofske Axelrod & Co., Ltd. [This document relates to CV 02-00382 DT (RCx)] (gk,
) (Entered: 06/09/2004)
06/07/2004 956 OPPOSITION to defendant Jerold V. Goldstein's Motion for Summary Adjudication[908]
filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust;
Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/09/2004)
06/07/2004 957 STATEMENT OF GENUINE ISSUES OF MATERIAL FACT IN OPPOSITION to
defendant Jerold V. Goldstein's Motion for Summary Adjudication [908] filed by
plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker
Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/09/2004)
06/07/2004 958 DECLARATION of Daniel M. Harkins in Opposition to defendant Jerold V. Goldstein's
Motion for Summary Adjudication [908] filed by plaintiffs Russel and Virginia Betker, as
Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP;
and Lori and Michael O'Shea. [This document relates to CV 01-05752 DT (RCx)] (gk, )
(Entered: 06/09/2004)
06/07/2004 959 MEMORANDUM of Points and Authorities in Support of Motion for Class Certification
and Requesting Modification to the Proposed Class Definition [809] filed by Hermann
Plaintiffs (Certain Plaintiffs in Case No. CV 02-09221 DT). [This document relates to CV
02-00382 DT (RCx)] (gk, ) (Entered: 06/09/2004)
06/07/2004 960 DECLARATION of Brian D. Miller in Support of Motion for Class Certification [809]
filed by Hermann Plaintiffs (Certain Plaintiffs in Case No. CV 02-09221 DT). [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/09/2004)
06/07/2004 961 OPPOSITION to Motion for Class Certification [809] filed by defendants Valuation
Counselors Group, Inc and Zelenkofske Axelrod & Co., Ltd.; supporting declaration of
Jon D. Gingrich filed concurrently herewith. [This document relates to CV 02-00382 DT
(RCx)] (gk, ) (Entered: 06/09/2004)
06/07/2004 963 OPPOSITION to Kasirer Related Defendants Purported Joinder in Summary Judgment
Motions of Jerold V. Goldstein [908] and Joel T. Boehm [821] filed by plaintiffsRussel
and Virginia Betker, as Trustee of the Betker Family Trust; Betker Partners One, LP;
Betker Partners Three, LP; and Lori and Michael O'Shea. [This document relates to CV
01-05752 DT (RCx)] (gk, ) (Entered: 06/10/2004)
06/08/2004 962 ORIGINAL SIGNATURE PAGE for Proof of Service to Plaintiffs' Opposition to Kasirer
Related Defendants Purported Joinder in Summary Judgment Motions of Jerold V.
Goldstein and Joel T. Boehm filed by plaintiffs Russel and Virginia Betker, as Trustees of
the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori
and Michael O'Shea. [This document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered:
06/10/2004)
06/08/2004 970 REPLY to U. S. Trust's Opposition to Settlement Bar Order filed by Defendant Leo
Dierckman (re: cv 02-382-DT(RCx) (pbap, ) (Entered: 06/15/2004)
06/08/2004 975 NOTICE of Association of Counsel, associating attorney Martin S. Bakst on behalf of
Defendant Stephen P. Goodman. [This document relates to CV 02-00382 DT (RCx)] (gk,
) (Entered: 06/15/2004)
06/09/2004 950 MINUTES (IN CHAMBERS) ORDER DENYING EX PARTE APPLICATION OF
KASIRER DEFENDANTS by Judge Rosalyn M. Chapman : denying [942] Ex Parte
Application for Enlargement of Time to File (dts, ) (Entered: 06/09/2004)
06/09/2004 964 SUPPLEMENTAL BRIEF re: Crime Fraud Exception and Related Issues filed by
defendant Sabo & Green. [This document relates to CV 02-00382 DT (RCx)] (gk, )
(Entered: 06/10/2004)
06/09/2004 965 DECLARATION of K. Elizabeth Dunn filed by Defendant Sabo & Green. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/10/2004)
06/09/2004 966 SUPPLEMENTAL DECLARATION of Jill Betts in Support of Motion to Compel
Production of Documents from Defendant Sabo & Green Under the Crime-Fraud
Exception [871] filed by Class Action Plaintiffs. [This document relates to CV 02-00382
DT (RCx)] (gk, ) (Entered: 06/10/2004)
06/09/2004 967 SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES in Support of
Motion to Compel Production of Document from defendant Sabo & Green [871] filed by
Class Action Plaintiffs. [This document relates to CV 02-00382 DT (RCx)] (gk, )
(Entered: 06/10/2004)
06/09/2004 968 EX PARTE APPLICATION to Vacate Stay of Discovery Order Issued by Magistrate
Judge Chapman [854] filed by Betker Plaintiffs Russel and Virginia Betker, as Trustees of
the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori
and Michael O'Shea. Lodged Proposed Order. [This document relates to CV 01-05752 DT
(RCx)] (gk, ) (Entered: 06/10/2004)
06/09/2004 969 DECLARATION of Jason D. Annigian in support of EX PARTE APPLICATION to
Vacate Stay of Discovery Order Issued by Magistrate Judge Chapman [854] filed by
Betker Plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust;
Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea.
Lodged Proposed Order. [This document relates to CV 01-05752 DT (RCx[854][968]
filed by Plaintiffs. (pbap, ) (Entered: 06/15/2004)
06/10/2004 971 MINUTES (In Chambers) by Judge Dickran Tevrizian: The Court hereby vacates the
hearing date of 6/14/2004 as to Kasirer defendants motion to review discovery order
issued by Magistrate Judge Chapman filed in Case Number CV 02-00382 DT [857], said
motion does not apply to the Kivenson action. Ordered that the above entitled motion is
hereby set for hearing in Case Number CV 01-05752 DT, for 7/6/2004 at 10:00 AM.
Court Reporter: None Present. (gk, ) (Entered: 06/15/2004)
06/10/2004 -- Set/Reset Deadlines as to [857] Kasirer Defendants' Motion to Review Discovery Order
Issued by Magistrate Chapman. Motion set for hearing on 7/6/2004 at 10:00 AM before
Honorable Dickran Tevrizian. Motion does not apply to CV 02-00382 DT, and is set for
hearing in CV 01-05752 DT. (gk, ) (Entered: 06/15/2004)
06/10/2004 976 RESPONSE to Plaintiff's Notice of Motion and Motion for Default Judgment Against the
Estate of Andrew Kornreich [892] filed by Non Party Westport Insurance Corporation.
(This Document Relates to CV02-382 DT (RCx) . (dw, ) (Entered: 06/16/2004)
06/10/2004 977 DECLARATION of Robert Kasirer Regarding One Privilege Log filed by Defendant
Robert Kasirer (dw, ) (Entered: 06/16/2004)
06/10/2004 978 DECLARATION of Kevin P McVerry in Support of the City of Desert Hot Springs'
Assertion of the Attorney-Client Privilege filed by Defendant Sabo & Green. (This
Document Relates to CV02-0382 DT (RCx)(dw, ) (Entered: 06/16/2004)
06/14/2004 972 ORDER by Judge Dickran Tevrizian upon Betker Plaintiffs' [968] Ex Parte Application to
Vacate the Stay of Magistrate Chapman's Discovery Order of 4/22/2004 830, the Order
[854] is hereby vacated. The Kasirers are ordered to fully comply with the Magistrates
Order and produce the subject documents by 6/17/2004. [This document relates to CV 01-
05752 DT (RCx)] (gk, ) (Entered: 06/15/2004)
06/14/2004 973 ORDER 1) GRANTING ATTORNEY DEFENDANTS' (AS DEFINED HEREIN)
MOTION IN SUPPORT OF REQUEST FOR PRELIMINARY APPROVAL OF
SETTLEMENT AND DETERMINATION OF GOOD FAITH; 2) GRANTING MILLER
AND SCHROEDER DEFENDANTS' MOTION IN SUPPORT OF REQUEST FOR
PRELIMINARY APPROVAL OF SETTLEMENT AND DETERMINATION OF GOOD
FAITH by Judge Dickran Tevrizian: This Court concludes that this Proposed Settlement
Order is fair reasonable and adequate and hereby grants the Attorney Defendants' and
M&S Principals' Motion in Support of Request for Preliminary Approval of Settlement
and Determination of Good Faith. (Related to [897] Motion) (See Document for further
information) (This Document Relates to CV02-0382 DT (RCx) (dw, ) (Entered:
06/15/2004)
06/14/2004 974 Undertaking under F.R.Civ.P. 65(c) in the amount of $5,000.00 posted by Betker
Plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust, Betker
Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea for
Preliminary Injunction regarding defendants Robert Kasirer, Debra Kasirer, Debra
Kasirer, as Trustee of the Debra Kasirer Trust. Bond No. 419429. [This document relates
to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/15/2004)
06/14/2004 979 OPPOSITION to Defendant Valuation Counselors' MOTION to Withdraw Admisssions
Deemed Admitted an to Reconsider Mag Chapman's Ruling [878] filed by Class Action
Plaintiffs David Sinow, et al (This Document Relates to CV02-0382 DT (RCx) (dw, )
(Entered: 06/16/2004)
06/14/2004 980 DECLARATION of Michael Ackerman in Support of Plaintiffs' Opposition to Defendant
Valuation Counselors Group Inc's Motion to Withdraw Admissions Deemed Admitted and
to Reconsider Mag Chapman's Ruling [878] filed by Class Action Plaintiffs Barrett
Anderson, et al (This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered:
06/16/2004)
06/14/2004 981 DECLARATION of Brian Barry in Support of Plaintiffs' Opposition to Defendant
Valuation Counselors Group Inc's Motion to Withdraw Admissions Deemed Admitted and
to Reconsider Mag Chapman's Ruling [878] filed by Class Action Plaintiffs David Sinow,
et al. (This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 06/16/2004)
06/14/2004 982 REPLY to Opposition to MOTION for Summary Judgment or in the Alternative Summary
Adjudication Upon Betker Plaintiffs' Complaint [818] filed by Defendant Joel T Boehm.
(This Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 06/16/2004)
06/14/2004 983 CIVIL BOND UNDERTAKING UNDER 489.210 in the amount of $ 7,500.00 posted by
Betker Plaintiffs: Robert Kasirer, Debra Kasirer, Debra Kasirer as Trustee of the Debra
Kasirer Trust. Bond No. 419428 (dw, ) (Entered: 06/16/2004)
06/14/2004 984 ORDER by Judge Dickran Tevrizian to Allow Service of Process by Registered Proces
Server Regarding Bethker Plaintiffs' Writ of Attachment. (cv 01-5752) **see document
for further details**(pbap, ). (Entered: 06/17/2004)
06/14/2004 985 MINUTES OF PROCEEDINGS In Chambers: Order by Judge Dickran Tevrizian
GRANTING [892] NOTICE OF MOTION AND MOTION for Default Judgment Against
the Estate of Andrew Kornreich. GRANTING [897] NOTICE OF MOTION AND
MOTION in Support of Request for Preliminary Approval of Settlement and
Determination of Good Faith filed by defendants Joel T. Boehm, Sabo & Green and
Atkinson Andelson Loya Ruud & Romo; GRANTING [903] NOTICE OF MOTION for
Approval of Settlement and Determination of Good Faith as to defendants J. Clarey, K.
Dawkins, V. Dhooge, P. Ekholm, S. Erickson, E. Hentges, J. Iverson, K. Larsen and J.
Tabolich. Court Reporter: Ramona Chappelle. (pbap, ) (Entered: 06/17/2004)
06/14/2004 986 ORDER by Judge Dickran Tevrizian GRANTING Plaintiffs' Motion for Default Judgment
Against the Estate of Andrew Korneich and awards damages to Plaintiff in the amount of
$14,379,965.06. (cv 02-382-DT(RCx)(pbap, ) (Entered: 06/17/2004)
06/14/2004 987 OBJECTIONS to Evidence Offered by Plaintiffs in Opposition to Motion for Summary
Judgment or in the alternative Summary Adjudication upon Betker Plaintiffs' Complaint
[818] filed by defendant Joel T. Boehm. [This document relates to CV 01-05752 DT
(RCx)] (gk, ) (Entered: 06/17/2004)
06/14/2004 988 DECLARATION of Kimberly D. Howatt in Support of Reply to Plaintiff's Opposition to
Motion for Summary Judgment or in the alternative Summary Adjudication upon Betker
Plaintiffs' Complaint [818] filed by defendant Joel T. Boehm. [This document relates to
CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/17/2004)
06/14/2004 989 OBJECTIONS TO EVIDENCE submitted in support of Betker Plaintiffs' Opposition to
Motion for Summary Adjudication [908] filed by defendants Jerold V. Goldstein. [This
document relates to CV 01-05752 DT (RCx) (gk, ) (Entered: 06/17/2004)
06/14/2004 990 REPLY Brief in Support of Motion for Summary Adjudication upon Betker Plaintiffs'
Complaint [908] filed by defendant Jerold V. Goldstein. [This document relates to CV 01-
05752 DT (RCx)] (gk, ) (Entered: 06/17/2004)
06/14/2004 991 SUPPLEMENTAL DECLARATION of Steven R. Skirvin in Support of Motion for
Summary Adjudication upon Betker Plaintiffs' Complaint [908] and Joinder to Joel T.
Boehm's Motion for Summary Judgment or in the Alternative for Summary Adjudication
on Betker Plaintiffs' Complaint [818] filed by defendant Jerold V. Goldstein. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/17/2004)
06/14/2004 995 OPPOSITION to Ex-Parte Application to Vacate Stay on Discovery Order [968] filed by
Kasirer Defendants JDDJ Holdings, LP; Health Care Holdings, LLC; CareContinuum,
LLC; BHMC Corp.; Canon Realty Corporation; Debra Kasirer, individually and as
Trustee of The Debra Kasirer Trust; and Robert Kasirer; declaration of Gary Kurtz. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/18/2004)
06/14/2004 996 MEMORANDUM IN OPPOSITION to Motion of U.S. Trust Company, N.A., for Partial
Summary Judgment, or, in the Alternative, for Summary Adjudication of Issues
(Heartland Receiver Action) [889] filed by plaintiff Phillip L. Stern in his capacity as
Receiver for the Heartland Funds. [This document relates to CV 02-06512 DT (RCx)] (gk,
) (Entered: 06/18/2004)
06/14/2004 997 STATEMENT OF GENUINE ISSUES OF MATERIAL FACT IN OPPOSITION to
Motion of U.S. Trust Company, N.A., for Partial Summary Judgment, or, in the
Alternative, for Summary Adjudication of Issues (Heartland Receiver Action) [889] filed
by plaintiff Phillip L. Stern in his capacity as Receiver for the Heartland Funds. Lodged
Proposed Order. [This document relates to CV 02-06512 DT (RCx)] (gk, ) (Entered:
06/18/2004)
06/14/2004 1000 ROYAL INDEMNITY COMPANY'S NOTICE OF JOINDER to Westport Insurance
Corporation's Response to Plaintiff's Notice of Motion and Motion for Default Judgment
Against the Estate of Andrew Kornreich filed by Non-Party (dw, ) (Entered: 06/22/2004)
06/16/2004 998 FURTHER MEMORANDUM in Support of Motion to Compel Production of Documents
from defendant Sabo & Green [871] filed by Class Action Plaintiffs. [This document
relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/18/2004)
06/17/2004 992 SUPPLEMENTAL DECLARATION of Joshua M. Wolff in Opposition to Summary
Judgment Motions of Boehm [818], Goldstein [908] and Kasirer filed by Betker
PlaintiffsRussel and Virginia Betker, as Trustees of the Betker Family Trust; Betker
Partners One, LP; Betker Partners Three, LP and Lori and Michael O'Shea. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/17/2004)
06/17/2004 993 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
05/26/04 Court Reporter: Exceptional Reporting. (cbr, ) (Entered: 06/18/2004)
06/17/2004 -- TRANSCRIPT filed for proceedings held on 05/26/04. Court Reporter: Exceptional
Reporting. (cbr, ) (Entered: 06/18/2004)
06/17/2004 994 MINUTES In Chambers by Judge Rosalyn M. Chapman. Order that defendant Sabo &
Green shall produce to class plaintiffs, no later than 6/25/04, all documents remaining on
its privilege log which have not already been produced to class plaintiffs. In the event any
of these documents have been readacted by defendant Sabo & Green, defendant Sabo &
Green shall simultaneously provide class plaintiffs with a declaration supporting the
redactions, on a document-by-document basis. Plaintiffs are Ordered to serve this Order
electronically on all parties. (See document for further information.) (sp, ) Modified on
6/18/2004 (sp, ). (Entered: 06/18/2004)
06/17/2004 1011 Substitution of Attorney filed. Substituting attorney Kenneth R. Heitz of Irell & Manella
LLP for defendants Valuation Counselors Group, Inc. and Zelenkofske Axelrod & Co.,
Ltd. in place and stead of attorney F.X. Sean O'Doherty of Gates O'Doherty, Gonter &
Guy by Judge Dickran Tevrizian. [This document relates to CV 01-05752 DT (RCx)] (gk,
) (Entered: 06/23/2004)
06/17/2004 1012 Substitution of Attorney filed. Substituting attorney Kenneth R. Heitz of Irell & Manella
LLP for defendants Valuation Counselors Group, Inc. and Zelenkofske Axelrod & Co.,
Ltd. in place and stead of attorney F.X. Sean O'Doherty of Gates O'Doherty, Gonter &
Guy by Judge Dickran Tevrizian. [This document relates to CV 02-00382 DT (RCx)] (gk,
) (Entered: 06/23/2004)
06/18/2004 -- RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
04/22/04, Court Reporter: Toni Hudson/Exceptional Reporting Services. (wdc, ) (Entered:
06/21/2004)
06/18/2004 -- TRANSCRIPT filed for proceedings held on 04/22/04. Court Reporter: Toni
Hudson/Exceptional Reporting Services. (wdc, ) (Entered: 06/21/2004)
06/18/2004 1005 OBJECTION TO AND MOTION to Strike Supplemental Declaration of Joshua M Wolff
9 and Exhibits attached thereto in Opposition to Defendant Joel T Boehm's Motion For
Summary Judgment or in the Alternative Summary Adjudication Upon Betker Plaintiff's
Complaint (dw, ) (Entered: 06/23/2004)
06/21/2004 999 NOTICE OF CLERICAL ERROR Re: Receipt for Reporter's Transcript filed 06/18/04.
No document control number issued. (wdc, ) (Entered: 06/21/2004)
06/21/2004 1001 MINUTES OF Motion Hearing held before Judge Dickran Tevrizian: Defendant Joel T.
Boehm's Motion for Summary Judgment or in the Alternative Summary Adjuciation upon
Betker Plaintiffs Complaint [818] and defendant Jerold V. Goldstein's Motion for
Summary Adjudication upon Betker Plaintiffs' Complaint [908] are denied. Court denies
joinders by defendant Jerold Goldstein to defendant Joel T. Boehm's Motion [911] and
joinder by defendants JDDJ Holdings, LP, Health Care Holdings, LLC, CareContinuum,
LLC, BHMC Corp., Bistra & Munkacs Holdings, Inc., Canon Realty Corporation, Debra
Kasirer, individually and as Trustee of the Debra Kasirer Trust, and Robert Kasirer to
Boehm and Goldstein's Motions [946] on the basis set forth in orders of Joel T. Boehm
and Jerold Goldstein. Court Reporter: Ramona Chappelle. [This document relates to CV
01-05752 DT] (gk, ) (Entered: 06/22/2004)
06/21/2004 1002 ORDER DENYING DEFENDANT JOEL T. BOEHM'S MOTION FOR SUMMARY
JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION UPON
BETKER PLAINTIFFS' COMPLAINT by Judge Dickran Tevrizian: This Court denies
defendant Joel T. Boehm's Motion for Summary Judgment or in the Alternative Summary
Adjudication Upon Betker Plaintiffs' Complaint [818]. [This document relates to CV 01-
05752 DT (RCx)] (gk, ) (Entered: 06/22/2004)
06/21/2004 1003 ORDER (1) Granting Request for Judicial Notice in Support of Defendant Jerold V.
Goldstein's Motion for Summary Adjudication upon Betker Plaintiffs' Complaint [912];
(2) Denying Defendant Jerold V. Goldstein's Motion for Summary Adjudication Upon
Betker Plaintiffs' Complaint [908] by Judge Dickran Tevrizian. [This document relates to
CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/22/2004)
06/21/2004 -- PLACED IN FILE - NOT USED re Proposed Statement of Uncontroverted Facts and
Conclusions of Law in Support of Defendant Joel T. Boehm's Motion for Summary
Judgment or in the Alternative Summary Adjudication upon Betker Plaintiffs' Complaint,
lodged 4/7/2004 submitted by defendant Joel T. Boehm. [This document relates to CV 01-
05752 DT (RCx)] (gk, ) Modified on 6/22/2004 (gk, ). (Entered: 06/22/2004)
06/21/2004 -- PLACED IN FILE - NOT USED re Proposed Judgment on Defendant Joel T. Boehm's
Motion for Summary Judgment or in the Alternative Summary Adjudication upon Betker
Plaintiffs' Complaint, lodged 4/7/2004. submitted by defendant Joel T. Boehm. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/22/2004)
06/21/2004 -- PLACED IN FILE - NOT USED re Proposed Statement of Uncontroverted Facts and
Conclusions of Law in Support of Defendant Jerold V. Goldstein's Motion for Summary
Adjudication upon Betker Plaintiffs' Complaint, lodged 5/28/2004 submitted by
defendants Jerold V. Goldstein, Clark Underwood, Richard Kuhl and Geri Ostlund. (gk, )
(Entered: 06/22/2004)
06/21/2004 -- PLACED IN FILE - NOT USED re Proposed Order on Defendant Jerold V. Goldstein's
Motion for Summary Adjudication upon Betker Plaintiffs' Complaint, lodged 5/28/2004
submitted by defendants Jerold V. Goldstein, Clarke Underwood, Richard Kuhl and Geri
Ostlund. (gk, ) (Entered: 06/22/2004)
06/21/2004 1006 REPLY BRIEF Regarding the Failure to File Opposition to Motion for Partial Summary
Judgment or in the Alternative for Summary Adjudication of Issues on 5th Causes of
Action (Negligence) Against Defendant Virgil Lim [931] filed by Class Action Plaintiffs
Ralph Allman, et al (dw, ) Modified on 6/23/2004 (dw, ). (This Document Relates to
CV02-382 DT (RCx) (Entered: 06/23/2004)
06/21/2004 1007 REPLY in Support of Motion to Withdraw Admissions Deemed Admitted; Supporting
Declaration of Michael W Gleespen (Related to [878] filed by Defendant Valuation
Counselors Group Inc. (This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered:
06/23/2004)
06/21/2004 1008 DECLARATION of Micahel W Gleespen in Support of Valuation Counselors Group Inc's
Motion to Withdraw Admissions Deemed Admitted and to Reconsider Mag Chapman's
Ruling [878] filed by Defendant Valuation Counselors Group Inc. (dw, ) (Entered:
06/23/2004)
06/21/2004 1009 STIPULATION OF PARTIAL SETTLEMENT BY FAX filed by Defendants and
Plaintiffs (This Document relates to CV02-382 DT (RCx) (dw, ) (Entered: 06/23/2004)
06/21/2004 1010 DECLARATION of Daniel Gottlieb in Support of G & L Realty Assertion of the
Attorney-Client Privilege filed by Defendant Sabo & Green. (dw, ) (Entered: 06/23/2004)
06/22/2004 1004 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
04/26/04, Court Reporter: Lori Muraoka. (wdc, ) (Entered: 06/23/2004)
06/22/2004 -- TRANSCRIPT filed for proceedings held on 04/26/04. Court Reporter: Lori Muraoka.
(wdc, ) (Entered: 06/23/2004)
06/22/2004 1013 NOTICE OF MOTION AND MOTION for Sanctions Against the Kasirer Defendants
filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust;
Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea;
Motion set for hearing on 7/14/2004 at 09:30 AM before Magistrate Rosalyn M.
Chapman. Lodged Proposed Order. [This document relates to CV 01-05752 DT (RCx)]
(gk, ) (Entered: 06/23/2004)
06/22/2004 1014 DECLARATION of Lisa A. Roquemore in Support of Motion for Sanctions [1013] filed
by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker
Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/23/2004)
06/22/2004 1015 DECLARATION of Jason D. Annigian in Support of Motion for Sanctions [1013] filed
by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker
Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. [This
document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered: 06/23/2004)
06/22/2004 1020 JUDGMENT AGAINST THE ESTATE OF ANDREW KORNREICH by Judge Dickran
Tevrizian: ORDERED, ADJUDICATED AND DECREED that (1) Class Plaintiffs, have
judgment against the Estate of Andrew Kornreich in the liquidated amount of
$14,379,965.06. (2) Pursuant to L.R. 58-7, this judgment shall bear interest at the
judgment rate from the date of entry until paid. (3) Jurisdiction is retained by this court for
the purpose of hearing and ruling upon Plaintiff's application for an award of fees and
costs if they obtain a recovery pursuant to this Judgment. (4) All relief not expressly
granted is denied. [This document relates to CV 02-00382 DT (RCx)] (gk, ) Modified on
6/24/2004 (gk, ). (Entered: 06/24/2004)
06/23/2004 1016 NOTICE OF MOTION, MOTION to Compel the Kasirer Defendants to Produce
Documents and Seeking Attorneys' Fees and the Imposition of Sanctions filed by Class
Action Plaintiffs; Motion set for hearing on 7/14/2004 at 09:30 AM before Magistrate
Rosalyn M. Chapman. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
06/23/2004)
06/23/2004 1017 DECLARATION of Brian Barry in Support of Motion to Compel the Kasirer Defendants
to Produce Documents and Seeking Attorneys' Fees and the Imposition of Sanctions
[1016] filed by Class Action Plaintiffs. [This document relates to CV 02-00382 DT
(RCx)] (gk, ) (Entered: 06/23/2004)
06/23/2004 1018 MINUTES (IN CHAMBERS) ORDER CONTINUING HEARING ON CLASS
PLAINTIFFS' MOTION TO COMPEL THE KASIRER DEFENDANTS TO PRODUCE
DOCUMENTS AND FOR ATTORNEYS' FEES AND THE IMPOSITON OF
SANCTIONS by Judge Rosalyn M. Chapman, re MOTION to Compel[1016], Set/Reset
Hearings: Motion Hearing set for 7/21/2004 09:30 AM before Honorable Rosalyn M.
Chapman.(dts, ) (Entered: 06/24/2004)
06/23/2004 1019 MINUTES (IN CHAMBERS) ORDER CONTINUING HEARING ON BETKER
PLAINTIFFS' MOTION FOR SANCTIONS AGAINST KASIRER DEFENDANTS by
Judge Rosalyn M. Chapman, re MOTION for Sanctions[1013], Set/Reset Hearings:
Motion set for hearing on 7/21/2004 at 09:30 AM before Magistrate Rosalyn M.
Chapman.(dts, ) (Entered: 06/24/2004)
06/23/2004 1021 NOTICE OF DOCUMENT DISCREPANCY AND ORDER by Magistrate Judge Rosalyn
M. Chapman, ORDERING declaration of Daniel Gottlieb in support of G&L Realty's
assertion of the attorney-client privilege submitted by Defendant Sabo & Green received
on 6/18/2004 is not to be filed but instead rejected. Denial based on: No proof of service,
F.R.Civ.P. Rule 5(d); no reason to file with court, L.R. 26-2. [This document relates to CV
02-00382 DT (RCx)] (gk, ) (Entered: 06/24/2004)
06/23/2004 1022 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION to Plaintiffs'
Motion for Summary Judgment and Plaintiffs' Alternative Prayer for Summary
Adjudication of Issues on Defendant's Fifth Clause of Action [931] filed by defendant
Virgil Lim. [This document relates to CV 02-00382 DT (RCx)] (gk, ) Modified on
6/28/2004 (gk, ). (Entered: 06/28/2004)
06/23/2004 1023 STATEMENT of Genuine Issues and Uncontroverted Facts in Support of the Opposition
ot the Plaintiffs' Motion for Summary Judgment and Summary Adjudication [931] filed by
defendant Virgil Lim. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
06/28/2004)
06/23/2004 1025 STIPULATION AND ORDER by Judge Dickran Tevrizian Allowing Sur-Reply Brief.
The Plaintiffs are allowed to file a sur-reply. (cv 02-382)(pbap, ) (Entered: 06/29/2004)
06/23/2004 1026 STIPULATION AND ORDER by Judge Dickran Tevrizian Allowing Answer of
Defendant Virgil Lim to Second Amended Consolidated Class Action Complaint to Serve
as Answer to Fourth Amended Consolidated Class Action Complaint. (cv 02-382)(pbap, )
(Entered: 06/29/2004)
06/23/2004 1029 SURREPLY to Defendant Valuation Counselors Group Inc.'s Reply to Plaintiff's
Opposition to Motin to Withdraw Admissions Deemed Admitted and To Reconsider Mag.
Chapman's Ruling filed by Plaintiffs David Sinow. (cv 02-382) (pbap, ) (Entered:
06/29/2004)
06/25/2004 1024 REPLY MEMORANDUM in Support of Motion For Partial Summary Judgment Or In
The Alternative For Summary Adjudication of Issues (Heartland Receiver Action) [889]
filed by Defendant/Third Party Plaintiff US Trust Company NA. (This Document Relates
to CV02-6512 DT (RCx) (dw, ) (Entered: 06/29/2004)
06/25/2004 1027 PROOF OF SERVICE of Order Continuing Hearing on Betker Plaintiffs' MOTION for
Sanctions Against Kasirer Defendants [1013] filed by Class Action Plaintiffs, Russel and
Virgina Betker, et al (This document relates to CV01-5752 DT (RCx). (dw, ) (Entered:
06/29/2004)
06/25/2004 1028 NOTICE OF ERRATA Of the Betker Plaintiffs' MOTION for Sanctions[ Against the
Kasirer Defendants 1013] filed by Class Action Plaintiffs (This Document Relates to
CV01-5752 DT (RCx). (dw, ) (Entered: 06/29/2004)
06/25/2004 1039 MINUTES of Motion Hearing held before Judge Dickran Tevrizian: Court Orders (1)
Defendant Valuation Counselors Group, Inc.'s Motion for an Order to Withdraw
Admissions Deemed Admitted and to Reconsider Magistrate Chapman's Ruling [878], and
(2) Plaintiff's Motion for Partial Summary Judgment, or in the alternative, for Summary
Adjudication of Issues, on Fifth Cause of Action (Negligence) against Defendant Virgil
Lim [931] granted; City of Mexico Beach's Motion for Entry of Judgment Pursuant to
F.R.Civ.P. 54(b) [919] and Joinder by Defendant Desert Hot Springs Public Financing
Authority denied. Court Reporter: Lori Muraoka. [This document relates to CV 02-00382
DT (RCx)] (gk, ) (Entered: 06/30/2004)
06/28/2004 1030 REPLY to Opposition of U.S. Trust to Motion for Class Certification [809] filed by Class
Action Plaintiffs. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
06/29/2004)
06/28/2004 1031 DECLARATION of Brian Barry in Support of Reply to Opposition of U.S. Trust to
Motion for Class Certification [809] filed by Class Action Plaintiffs. [This document
relates to CV 03-00382 DT (RCx)] (gk, ) (Entered: 06/29/2004)
06/28/2004 1032 REPLY to Opposition of Valuation Counselors Group, Inc. and Zelenkofske Axelrod &
Co., Ltd. to Motion for Class Certification [809] filed by Class Action Plaintiffs. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 06/29/2004)
06/28/2004 1033 DECLARATION of Jill Betts in Support of Reply to Opposition of Valuation Counselors
Group, Inc. and Zelenkofske Axelrod & Co., Ltd. to Motion for Class Certification [809]
filed by Class Action Plaintiffs. [This document relates to CV 02-00382 DT (RCx)] (gk, )
(Entered: 06/29/2004)
06/28/2004 1034 DECLARATION of Mark P. Epstein In Support of Order For Class Certification filed by
Defendant Health Care Holdings LLC. (CV 02-382-DT(RCx). (pbap, ) (Entered:
06/30/2004)
06/28/2004 1035 BRIEF in Support of Class Plaintiffs' MOTION for Class Certification [809] filed by
Defendant James E Iverson. (CV 02-382-DT(RCx) (pbap, ) (Entered: 06/30/2004)
06/28/2004 1036 REPLY of Defendants AALR&R and Joel Boehmn in Support of Plaintiff's Motion for
Class Certification [809] filed by Defendant Joel T Boehm. (CV 02-382-DT RCx) (pbap, )
(Entered: 06/30/2004)
06/28/2004 1037 DECLARATION of Beth J. Manover in Support of Reply of Defendants AALR&R and
Joel Boehm in Support of Plaintiffs' MOTION for Class Certification [809] filed by
Defendant Joel T Boehm. (CV 02-382-DT(RCx) (pbap, ) (Entered: 06/30/2004)
06/28/2004 1038 ORDER GRANTING DEFENDANT VALUATION COUNSELORS GROUP INC'S
MOTION TO WITHDRAW ADMISSIONS DEEMED ADMITTED AND TO
RECONSIDER MAGISTRATE CHAPMAN'S RULING by Judge Dickran Tevrizian:
This Court hereby grants Defendant Valuation Counselors Group Inc's Request to
Withdraw Admissions Deemed Admitted and to Reconsider Magistrate Judge's
Chapman's Ruling [878]. Valuation Counselors is ordered to submit the appropriate
responses within 15 days from the date of this order. [This document relates to CV 02-
00382 DT (RCx)] (gk, ) (Entered: 06/30/2004)
06/28/2004 1040 ORDER (1) Granting Request for Judicial Notice in Support of Plaintiffs' Motion for
Partial Summary Judgment, or Alternatively, for Summary Adjudication of Issues, on
Fifth Cause of Action (Negligence) Against Defendant Virgil Lim [935]; (2) Granting
Plaintiff's Motion for Partial Summary Judgment, or Alternatively, for Summary
Adjudication of Issues, on Fifth Cause of Action (Negligence) against Defendant Virgil
Lim filed [931] by Judge Dickran Tevrizian. [This document relates to CV 02-00382 DT
(RCx)] (gk, ) (Entered: 06/30/2004)
06/28/2004 1041 Statement of Uncontroverted Facts and Conclusions of Law in Support of Plaintiffs'
Motion for Partial Summary Judgment, or in the Alternative, for Summary Adjudication
of Issues, on Fifth Cause of Action (Negligence) Against Defendant Virgil Lim [931] and
ORDER by Judge Dickran Tevrizian. Judgment against defendant for negligence shall be
entered in plaintiffs' favor. [This document relates to CV 02-00382 DT (RCx)] (gk, )
(Entered: 06/30/2004)
06/28/2004 1042 ORDER Granting Plaintiffs' Motion for Summary Adjudication of Issues against
Defendant Virgil Lim [931] by Judge Dickran Tevrizian: Ordered that the findings of fact
and conclusions of law set forth in the Statement of Uncontroverted Facts and
Conclusions of Law filed by Class Plaintiffs are without substantial controversy and are
deemed established for purposes of trial. [This document relates to CV 02-00382 DT
(RCx)] (gk, ) (Entered: 06/30/2004)
06/28/2004 1043 ORDER (1) Granting Request for Judicial Notice in Support of Motion of City of Mexico
Beach for Entry of Judgment Pursuant to F.R.Civ.P. 54(b) and (2) Denying Motion of City
of Mexico Beach for Entry of Judgment Pursuant to F.R.Civ.P. 54(b) [919] by Judge
Dickran Tevrizian. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
06/30/2004)
06/28/2004 -- PLACED IN FILE - NOT USED re [Proposed] Judgment lodged on 6/1/04 (dw, )
(Entered: 07/07/2004)
06/28/2004 -- PLACED IN FILE - NOT USED re [Proposed] Judgement Pursuant to Federal Rules
Civil Procedure 54(b) lodged on 6/4/04. (This Document Relates to CV02-382 DT (RCx)
(dw, ) (Entered: 07/07/2004)
06/28/2004 -- PLACED IN FILE - NOT USED re [Proposed] Judgment Against The Estate of Andrew
Kornreich lodged on 6/1/04 (This Document Relates to CV02-382 DT (RCx) (dw, )
(Entered: 07/07/2004)
06/29/2004 1044 Opposition of Kasirer Defendants to Betker Plaintiffs Motion for further Sanctions and
Request for Sanctions Against the Betker Plaintiffs filed by Defendants Debra Kasirer,
Robert Kasirer -. (dw, ) Modified on 7/1/2004 (dw, ). Modified on 7/1/2004 (dw, ).
(Related to CV01-5752 DT (RCx) (Entered: 07/01/2004)
06/30/2004 1050 SUPPLEMENTAL MEMORANDUM in Further Support of Plaintiff's MOTION to
Compel Documents From the Kasirer Defendants [1016] filed by Class Action Plaintiffs
David Sinow, et al (This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered:
07/07/2004)
06/30/2004 1051 STIPULATION AND ORDER MOVING THE HEARING DATE ON GOOD FAITH
SETTLEMENT MOTION TO 8/2/04 by Judge Dickran Tevrizian: The Court does hereby
approve the Stipulation and Order Moving the Hearing Date on the Good Faith Settlement
Motion to 8/2/04. (dw, ) (Entered: 07/07/2004)
06/30/2004 1052 ORDER GRANTING THE BETKER PLAINTIFFS' APPLICATION FOR
INJUNCTION AND OTHER RELIEF by Judge Dickran Tevrizian: IT IS HEREBY
ORDERED that in addition to the Order for a Pre-Judgment Writ of Attachment directed
at the 611 North Canon Drive Beverly Hills CA 90210 that Robert Kasirer Debra Kasirer
and the Debra Kasirer Trust are enjoined from further disposition of the Beverly Hills
Residence and its proceeds including but not limited to restraint from future transfers of
the Beverly Hills restraint from future refinancing for the purposes of pulling out equity
and restraint from future voluntary encumbrances against the Beverly Hills Residence and
IT IS FURTHER ORDERED that Robert Kasirer Debra Kasirer and the Debra Kasirer
Trust shall account for the $750,000 equity loan secured by a second Deed of Trust in
writing within 7 days of the entry of this Order and are enjoined from further dissipation
of those proceeds. IT IS FURTHER ORDER that the Betker Plaintiff shall post a $5,000
bond(This Document Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 07/07/2004)
07/01/2004 1045 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
6/21/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 07/02/2004)
07/01/2004 -- TRANSCRIPT filed for proceedings held on 6/21/04. Court Reporter: Lori Muraoka.
(ghap, ) (Entered: 07/02/2004)
07/01/2004 1046 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
6/14/04 Court Reporter: Ramona La Chaplle. (ghap, ) (Entered: 07/02/2004)
07/01/2004 -- TRANSCRIPT filed for proceedings held on 6/14/04. Court Reporter: Lori Muraoka.
(ghap, ) (Entered: 07/02/2004)
07/01/2004 1053 STIPULATION AND ORDER REGARDING CAPITAL CONSULTING GROUP INC'S
OPPOSITION TO CLASS CERTIFICATION AND PLAINTIFFS' REPLY THERETO
by Judge Dickran Tevrizian: It is hereby ordered that Plaintiff's Reply to Opposition of
Valuation Counselor's Group Inc and Zelenkofske Axerlrod & Co., Ltd to Motion for
Class Certification [809] is deemed as the formal reply to Capital Valuation's Opposition
to Plaintiff's Motion for Class Certification (This Document Relates to CV02-0382 DT
(RCx)(dw, ) (Entered: 07/07/2004)
07/01/2004 1054 ORDER PRELIMINARILY APPROVING SETTLEMENT AND BARRING CLAIMS
AGAINST SETTLING DEFENDANTS SABO & GREEN, JOEL T BOEHM AND
ATKINSON ANDELSON LOYA RUUD & ROMO by Judge Dickran Tevrizian: IT IS
HEREBY ORDERED: 1) The Court does hereby preliminarily approve the stipulation and
the partial settlement set forth therein. (See document for further information) (This
Document Relates to CV02-382 DT (RCx)(dw, ) (Entered: 07/07/2004)
07/01/2004 1055 NOTICE of Lodging Transcript of Hearing Before Magistrate Judge Chapman filed by
Defendants Debra Kasirer, Robert Kasirer, et al (This Document Relates to CV01 5752
DT (RCx) (dw, ) (Entered: 07/07/2004)
07/02/2004 1047 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dickran
Tevrizian ORDERING Second Amended Proposed Order Preliminarily Approving
Settlement received on 7/1/2004 to be filed and processed; filed date to be the date the
document was stamped Received but not Filed with the Clerk. [This document relates to
CV 02-06512 DT (AJWx)](gk, ) (Entered: 07/02/2004)
07/02/2004 1048 SECOND AMENDED ORDER PRELIMINARILY APPROVING SETTLEMENT AND
BARRING CLAIMS AGAINST SETTLING DEFENDANTS J. CLAREY, K.
DAWKINS, S. ERICKSON, P. EKHOLM, J. IVERSON, J. TABOLICH, E. HENTGES,
K. LARSEN AND V. DHOOGE by Judge Dickran Tevrizian. (gk, ) (Entered:
07/02/2004)
07/02/2004 1049 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
6/7/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 07/06/2004)
07/02/2004 -- TRANSCRIPT filed for proceedings held on 6/7/04. Court Reporter: Lori Muraoka.
(ghap, ) (Entered: 07/06/2004)
07/02/2004 1065 NOTICE Acknowledgement of Designation of Irell & Manella, LLP as Lead Counsel for
Accountant/Feasibility Defendants filed by Defendants Valuation Counselors Group Inc.
(re: cv 02-382-DT(RCx) (pbap, ) (Entered: 07/14/2004)
07/06/2004 1056 MINUTES OF Motion Hearing held before Judge Dickran Tevrizian: U.S. Trust
Company, N.A.'s Motion for Partial Summary Judgment, or, in the Alternative, for
Summary Adjudication of Issues [889] is granted; defendants' Motion to Review
Discovery Order Issued by Magistrate Chapman [857] is denied. See Court's Orders for
further details. Court Reporter: Pat Cuneo. This document relates to CV 02-06512 DT
(RCx) (gk, ) Modified on 7/15/2004 (rc, ) . Modified on 7/15/2004 (rc, ) . (Entered:
07/09/2004)
07/06/2004 1064 ORDER Denying Kasirer Defendants' Motion To Review Discovery Order Issued by
Magistrate Chapman by Judge Dickran Tevrizian: This Court DENIES Defendants'
Motion to Review Discovery Order Issued by Magistrate Chapman (This Document
Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 07/14/2004)
07/07/2004 1057 JOINT SUPPLEMENTAL STATEMENT of Class Plaintiffs and US Trust Defendants Re
Class Certification; Declaration of Steven W Bacon in Support of Same filed by
Defendants and Cross Defendants US Trust Company and US Trust Corporation (This
Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 07/12/2004)
07/07/2004 1058 OBJECTIONS to: 1) Motion to Compel Filed Without A Personal Meet and Confer in
Violation of Court Order; 2) Supplemental Memorandum Filed in Violation of Court
Order; and 3) Portions of the Declaration of Brian Barry and Exhibits filed by Defendants
Debra Kasirer, Robert A Kasirer. (This Document Relates to CV02-382 DT (RCx) (dw, )
(Entered: 07/12/2004)
07/07/2004 1059 OPPOSITION to MOTION to Compel Production of Documents [1016] filed by
Defendants Debra Kasirer, Robert Kasirer (This Document Relates to CV02-382 DT
(RCx) (dw, ) (Entered: 07/12/2004)
07/07/2004 1060 DECLARATION of Gary Kurtz in Opposition to MOTION to Compel [1016] filed by
Defendants Debra Kasirer, Robert Kasirer -. (dw, ) (Entered: 07/12/2004)
07/07/2004 1061 REPLY BRIEF In Support of MOTION for Sanctions Against the Kasirer Defendants
[1013] filed by Plaintiffs (This Document Relates to CV01-5752 DT (RCx). (dw, )
(Entered: 07/12/2004)
07/07/2004 1062 DECLARATION of Stephanie A Howard in Support of Betker Plaintiffs' Reply Brief in
Support of MOTION for Sanctions Against the Kasirer Defendants[1013] filed by
Plaintiffs (This Document Relates to CV01-5752 DT (RCx). (dw, ) (Entered: 07/12/2004)
07/07/2004 1063 DECLARATION of Jason D Annigian In Support of Betker Plaintiffs' Reply Brief in
Support of Motion for Sanctions Against the Kasirer Defendants [1013] filed by Plaintiffs
(This Document Relates to CV01-5752 DT (RCx). (dw, ) (Entered: 07/12/2004)
07/08/2004 1068 EX PARTE APPLICATION to Strike the Opposition of the Kasirer Defendants to the
Motion to Compel [1059] or in the Alternative to Allow Class Plaintiffs' to File A
Response; and Declaration of Brian Barry in Support Thereof filed by Class Action
Plaintiffs David Sinow, et al (This Document Relates to CV02-382 DT RCx) Lodged
Order. (dw, ) (Entered: 07/19/2004)
07/08/2004 1069 NOTICE of Entry of Order Granting Defendant US Trust Company NA's MOTION for
Partial Summary Judgment or in the alternative for Summary Adjudication of Issues
(Heartland Receiver Actoin) filed by US Trust Company of Texas N A. (This Document
Relates to CV02-6512 DT (RCx)(dw, ) (Entered: 07/19/2004)
07/12/2004 1070 MINUTES (1) Plaintiff's Amended Motion for Class Certification by Judge Dickran
Tevrizian: The Court orders the motion: Granted as to motion #1 [809] Court Reporter:
Lori Muraoka. (dw, ) (Entered: 07/21/2004)
07/12/2004 1071 ORDER GRANTING MOTION FOR CLASS CERTIFICATION by Judge Dickran
Tevrizian: This Court grants Plaintiff's Motion for Class Certification [809] (This
Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 07/21/2004)
07/12/2004 1072 OPPOSITION to EX PARTE APPLICATION to Strike Opposition to Motion to
Compel[1068]; Declaration of Gary Kurtz filed by Kasirer Related Defendants (This
Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 07/22/2004)
07/14/2004 1066 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
6/28/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 07/14/2004)
07/14/2004 -- TRANSCRIPT filed for proceedings held on 6/28/04. Court Reporter: Lori Muraoka.
(ghap, ) (Entered: 07/14/2004)
07/14/2004 1067 ORDER by Judge Dickran Tevrizian DENYING in Part the Class Plaintiff's Ex Parte
Application to Strike the Opposition of the Kasirer Defendants to the Motion to Compel
or, in the alternative, in the alternative to allow Class Plaintiff's to File a Response. The
response must be filed by 7/19/04.(pbap, ) (re: CV 02-382-DT (RCx) Modified on
7/16/2004 (pbap, ). Modified on 7/16/2004 (pbap, ). (Entered: 07/16/2004)
07/14/2004 1087 OBJECTIONS TO DECLARATIONS SUBMITTED IN BETKER PLAINTIFFS' REPLY
and Objections to Factual Allegation without Support re Betker Motion for Sanctions
[1013] filed by defendants JDDJ Holdings, LP; Health Care Holdings, LLC;
CareContinuum, LLC; BHMC Corp.; Canon Realty Corporation; Debra Kasirer,
individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer; responsive
declarations. [This document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered:
07/26/2004)
07/15/2004 1100 STIPULATED JUDGMENT (Class Action). [This document relates to CV 02-00382 DT
(RCx)] (gk, ) (Entered: 07/30/2004)
07/16/2004 1080 NOTICE OF MOTION MOTION and JOINT STIPULATION Regarding Motion to
Compel Production of Documents from Sabo & Green filed by Class Action Plaintiffs
Ralph Allman, Barrett Anderson, Gilbert Kivenson, Scott McKenry and Defendant Sabo
& Green, David Sinow.(This Document Relates to CV02-382 DT (RCx) (dw, ) (Entered:
07/26/2004)
07/16/2004 1082 NOTICE OF MOTION AND MOTION for Enry of Judgment Against Virgil Lim filed by
Class Action Plaintiffs David Sinow, et al Motion set for hearing on 8/9/2004 at 10:00
AM before Honorable Dickran Tevrizian. Lodged Order. (This Document Relates to
CV02-382 DT (RCx)(dw, ) (Entered: 07/26/2004)
07/16/2004 1083 DECLARATION of Brian Barry In Support of Plaintiffs's MOTION for Entry of
Judgment Against Virgil Lim [1082] filed by Class Action Plaintiffs David Sinow, et al
(This document relates to CV02-382 DT (RCx) (dw, ) (Entered: 07/26/2004)
07/16/2004 1084 DECLARATION of Jill Betts In Support of Motion to Compel Production of Documents
From Defendant Sabo & Green [1080] filed by Class Action Plaintiffs David Sinow, et al
(Related to CV02-382 DT (RCx) (dw, ) (Entered: 07/26/2004)
07/16/2004 1085 AMENDED NOTICE OF MOTION FOR DETERMINATION OF GOOD FAITH OF
DEFENDANT JEROME TABOLICH filed by Defendant Jerome E Tabolich. Motion set
for hearing on 8/9/2004 at 10:00 AM before Honorable Dickran Tevrizian. Lodged Order.
(This Document Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 07/26/2004)
07/16/2004 1086 AMENDED MEMORANDUM OF LAW in Support of MOTION for Determination of
Good Faith [1085] filed by Defendant Jerome E Tabolich. (This Document Relates to
CV01-5752 DT (RCx)(dw, ) (Entered: 07/26/2004)
07/16/2004 1088 NOTICE OF MOTION For Determination of Good Faith Settlement And Bar Order As to
Defendants J Clarey K Dawkins V Dhooge P Ekholm S Erickson J Iverson filed by
Defendant John M Clarey. Motion set for hearing on 8/9/2004 at 10:00 AM before
Honorable Dickran Tevrizian. Lodged Order. (This Document Relates to CV01-5752 DT
(RCx) (dw, ) (Entered: 07/27/2004)
07/16/2004 1089 MEMORANDUM OF POINTS AND AUTHORITIES In Support of MOTION For
Finding of GOod Faith Settlement and Request For Bar Order By Defendants Clarey
Erickson Ekholm Iverson and Dhooge [1088] filed by Defendant John M Clarey. (This
Document Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 07/27/2004)
07/16/2004 1090 DECLARATION of Kevin W Alexander In Support of Motion for Finding of Good Faith
Settlement and Request For Bar Order By Defendants Clarey Erickson Ekholm Iverson
and Dhooge [1088] filed by Defendant John M Clarey. (This Document Relates to CV01-
5752 DT (RCx)(dw, ) (Entered: 07/27/2004)
07/16/2004 1091 DECLARATION of Charles R Grebing In Support of Request For Approval of Settlement
and Determination of Good Faith filed by Defendants Joel T Boehm, Sabo & Green. (dw,
) (Entered: 07/27/2004)
07/16/2004 1092 MEMORANDUM OF POINTS AND AUTHORITIES in Support of Request For
Approval of Settlement and Determination of Good Faith as to Defendants Sabo & Green
and Joel T Boehm (dw, ) (Entered: 07/27/2004)
07/16/2004 1093 DECLARATION of K Elizabeth Dunn In Support of Request For Approval of Settlement
and Determination of Good Faith filed by Defendants Joel T Boehm, Sabo & Green. (dw,
) (Entered: 07/27/2004)
07/16/2004 1094 STIPULATION Of Partial Settlement filed by Defendants Joel T Boehm, Sabo & Green.
(dw, ) (Entered: 07/27/2004)
07/19/2004 1097 RESPONSE to the Opposition of the Kasirer Defendants to the Motion to Compel
Production of Documents [1016] filed by Class Action Plaintiffs; and declaration of Brian
Barry in support thereof. [This document relates to CV 02-00382 DT (RCx)] (gk, )
(Entered: 07/29/2004)
07/20/2004 1098 OBJECTIONS to the Kasirer Defendants' Response to Plaintiffs' Reply Brief re Motion
for Sanctions [1013] filed by plaintiffs Russel and Virginia Betker, as Trustees of the
Betker Family Trust; Betker Partners One, LP, Betker Partners Three, LP, and Lori and
Michael O'Shea. [This document relates to CV 01-05752 DT (RCx)] (gk, ) (Entered:
07/29/2004)
07/20/2004 1101 OBJECTIONS to The Kasirer Defendants' Response to Plaintiffs' Reply Brief filed by
Plaintiffs, David Sinow et al (This Document Relates to CV01-5752 DT (RCx) (dw, )
(Entered: 08/02/2004)
07/21/2004 1073 MINUTES OF Discovery Hearing held before Rosalyn M. Chapman : ORDER
GRANTING, IN PART, AND DENYING, IN PART, BETKER PLAINTIFFS' MOTION
FOR SANCTIONS AGAINST KASIRER DEFENDANTS (SEE ORDER FOR
COMPLETE DETAILS)Tape #: 300. (dts, ) (Entered: 07/22/2004)
07/21/2004 1074 NOTICE OF MOTION AND MOTION for Summary Judgment or in the Alternative For
Summary Adjudication of Issues on Fifth Cause of Action (Negligence) Against
Defendant Geri Ostlund filed by Class Plaintiffs Ralph Allman, Barrett Anderson, Gilbert
Kivenson, Scott McKenry, Landgon Parrill, Laurence Pilgeram, Howard Preston, David
Sinow. Motion set for hearing on 8/16/2004 at 10:00 AM before Honorable Dickran
Tevrizian. Lodged Statement of Uncontroverted Facts and Conclusions of Law and
Proposed Order. (This Document Relates to CV02-382 DT (RCx) (Entered: 07/23/2004)
07/21/2004 1075 MEMORANDUM OF POINTS AND AUTHORITIES in Support of Class Plaintiffs'
MOTION for Summary Judgment Or in the Alternative Summary Adjudication of Issues
on Fifth Cause of Action (Negligence) Against Defendant Geri Ostlund [1074] filed by
Class Action Plaintiffs David Sinow, et al (This Document Relates to CV02-382 DT
(RCx) (dw, ) (Entered: 07/23/2004)
07/21/2004 1076 REQUEST FOR JUDICIAL NOTICE In Support of Class Plaintiffs' MOTION for
Summary Judgment or in the Alternative For Summary Adjudication of Issues on Fifth
Cause of Action (Negligence) Against Defendant Geri Ostlund [1074] filed by Class
Action Plaintiffs David Sinow, et al (This Document Relates to CV02-382 DT (RCx) (dw,
) (Entered: 07/23/2004)
07/21/2004 1077 DECLARATION of Brian Barry In Support of Class Plaintiffs' MOTION for Summary
Judgment or in the Alternative For Summary Adjudication of Issues on Fifth Cause of
Action (Negligence) Against Defendant Geri Ostlund [1074] filed by Class Action
Plaintiffs David Sinow, et al (This Document Relates to CV02-382 DT (RCx)(dw, )
(Entered: 07/23/2004)
07/23/2004 1078 MINUTES OF DISCOVERY HEARING held before Rosalyn M. Chapman.,re MOTION
to Compel[1016] ORDER GRANTING, IN PART, CLASS PLAINTIFFFS' MOTION TO
COMPEL PRODUCTION OF DOCUMENTS FROM KASIRER DEFENDANTS AND
FOR SANCTIONS (SEE ORDER FOR COMPLETE DETAILS)Tape #: 301. (dts, )
(Entered: 07/23/2004)
07/23/2004 1079 MINUTES OF Discovery Hearing held before Rosalyn M. Chapman : ORDER
GRANTING CLASS PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF
DOCUMENTS FROM DEFENDANT SABO & GREEN (SEE ORDER FOR
COMPLETE DETAILS)Tape #: 04-3. (dts, ) (Entered: 07/23/2004)
07/23/2004 1081 EXPARTE APPLICATION for Extension of Time to File Respond to Class Plaintiffs
MOTION for Partial Summary Judgment, or in the alternative, for Summary Adjudication
[1074] pursuant to F.R.C.P. 56(f) filed by Defendant Onofrio V Bertolini. (re: 02-282-
DT(RCx) Lodged order. (pbap,). (Entered: 07/26/2004)
07/23/2004 1095 Substitution of Attorney filed. Substituting attorney Marlene D. Greenly for defendant
Evan Greenspan in place and stead of defendant, in pro per, by Judge Dickran Tevrizian.
[This document relates to CV 02-00382 DT (RCx)] (gk, ) Modified on 7/27/2004 (gk, ).
(Entered: 07/27/2004)
07/27/2004 1096 ORDER ON EX PARTE APPLICATION OF DEFENDANT GERI K. OSTLUND FOR
EXTENSION OF TIME TO RESPOND TO CLASS PLAINTIFFS' MOTION FOR
SUMMARY JUDGMENT OR IN THE ALTERNATIVE FOR SUMMARY
ADJUDICATION by Judge Dickran Tevrizian: IT IS ORDERED that the Ex Parte
Application of Defendant Geri K Ostlund For Extension of Time To Respond to Class
Plaintiff's Motion for Summary Judgment or in the Alternative For Summary Adjudication
Pursuant to FRCP 56(f) is granted. The hearing on Class Plaintiffs' Motion for Summary
Judgment Or in the Alternative For Summary Adjudication against Defendant Geri K
Ostlund is set for 9/27/04 at 10:00am. Opposition and Reply dates are to be according to
the Local Rules (This Document Relates to CV02-382 DT (RCx)(dw, ) (Entered:
07/29/2004)
07/27/2004 1102 OPPOSITION to the Ex-Parte Application of Geri Ostlund to Extend Motion for
Summary Judgment [1081] filed by Class Action Plaintiffs. [This document relates to CV
02-00382 DT (RCx)] (gk, ) (Entered: 08/04/2004)
07/28/2004 1099 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
7/12/04 Court Reporter: Lori Muraoka. (consolidated with CV 02-5752, CV 02-382, CV
02-993, CV 02-2745, CV 02-6484, CV 02-6841, CV 02-9221) (weap, ) (Entered:
07/30/2004)
07/28/2004 -- TRANSCRIPT filed for proceedings held on 7/12/04. Court Reporter: Lori Muraoka.
(weap, ) (Entered: 07/30/2004)
07/29/2004 1105 DECLARATION of Gary Kurtz in Compliance with Order of Magistrate Judge Rosalyn
M. Chapman filed by Defendants JDDJ Holdings, LP; Health Care Holdings, LLC;
CareContinuum, LLC; BHMC Corp.; Bistra & Munkacs Holdings, Inc.; Debra Kasirer,
individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 08/06/2004)
08/02/2004 1106 NOTICE OF MOTION AND MOTION to Review Two Discovery Orders Issued by
Magistrate Chapman on 7/23/2004 1078, [2079] filed by defendants JDDJ Holdings, LP;
Health Care Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Bistra & Munkacs
Holdings, Inc., Canon Realty Corporation; Debra Kasirer, individually and as Trustee of
The Debra Kasirer Trust; and Robert Kasirer; Motion set for hearing on 9/7/2004 at 10:00
AM before Honorable Dickran Tevrizian; memorandum of points and authorities;
declaration of Gary Kurtz. [This document relates to CV 02-00382 DT (RCx)] (gk, )
(Entered: 08/06/2004)
08/02/2004 1107 LIMITED RESPONSE to Class Plaintiffs' Motion for Judgment Against Virgil Lim
[1082] filed by defendants Jerold V. Goldstein, Clarke Underwood, Richard Kuhl and
Geri Ostlund. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
08/06/2004)
08/03/2004 1103 EX PARTE APPLICATION for A Stay of The Enforcement of Two Discovery Orders
Issued by Magistrate Chapman on 7/23/04; Memorandum of Points and Authorities;
Declaration of Gary Kurtz filed by Kasirer Related Defendants Bistra & Munkacs
Holdings Inc, CareContinuum LLC, Health Care Holdings LLC, JDDJ Holdings LP,
Debra Kasirer, Robert A Kasirer.(This Document Relates to CV02-0382 DT (RCx) (dw, )
(Entered: 08/04/2004)
08/04/2004 1104 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
7/6/04 Court Reporter: Pat Cuneo. (ghap, ) (Entered: 08/04/2004)
08/04/2004 -- TRANSCRIPT filed for proceedings held on 7/6/04. Court Reporter: Pat Cuneo. (ghap, )
(Entered: 08/04/2004)
08/04/2004 1108 NOTICE OF ERRATA filed by Defendant Joel T Boehm. correcting Memorandum in
Support (non-motion)[1092]. (re: CV 01-5752-DT(Rcx) (pbap, ) (Entered: 08/12/2004)
08/05/2004 1117 NOTICE of Order dated 7/27/2004 re Ex Parte Application for Extension of Time to
Respond to Class Plaintiffs' Motion for Summary Judgment or in the Alternative for
Summary Adjudication filed by defendants Jerold V. Goldstein, Clarke Underwood,
Richard Kuhl, and Geri Ostlund. [This document relates to CV 02-00382 DT (RCx)] (gk, )
(Entered: 08/12/2004)
08/06/2004 1121 STIPULATION AND ORDER by Judge Dickran Tevrizian :that the tiem for Kasirer
defendants tofile a motion to review Magistrate Judge Chapmans order granting in part
and denying in part Betker plaintiffs' motin for sanctions against Kasirer defendants shall
be extended frm 8-5-04 to 9-30-04; enforcement of said order shall be stayed until the
hearing on any motion for review filed on or before 9-30-04.(ab, ) (Entered: 08/23/2004)
08/09/2004 1109 ORDER REGARDING STIPULATED JUDGMENT BY MILLER AND SCHROEDER
DEFENDANTS IN THE CLASS ACTION by Judge Dickran Tevrizian: IT IS HEREBY
ORDERED ADJUDGED AND DECREED: 3) This Stipulated Judgment is for money
justly due and owing to Plaintiffs pursuant to the Stipulation. 5) Plaintiffs will file the
Court a full and complete satisfaction of judgment in favor of Settling Defendants after
resolution by judgment settlement or othewise of any claim or action against Executive
Risk. (See document for further information) (Related Stipulation for Judgment[1100] )
(dw, ) (Entered: 08/12/2004)
08/09/2004 1110 ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR ENTRY OF
JUDGMENT AGAINST VIRGIL LIM by Judge Dickran Tevrizian: In light of the
foregoing this Court Denies Plaintiff's Motion for Entry of Judgment Against Defendant
Virgil Lim Without Prejudice (Related to [1082] Motion for Entry of Judgment) (dw, )
(Entered: 08/12/2004)
08/09/2004 1111 MINUTES (1) PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT AGAINST
VIRGIL LIM; 2) MOTION FOR DETERMINATION OF GOOD FAITH OF
DEFENDANT JEROME TABOLICH; 3)AMENDED MOTION FOR
DETERMINATION OF GOOD FAITH SETTLEMENT AND BAR ORDER AS TO
DEFENDANTS J CLAREY K DAWKINS V DHOOGE P EKHOLM S ERICKSON J
IVERSON AND 4) MOTION IN SUPPORT OF REQUEST FOR PRELIMINARY
APPROVAL OF SETTLEMENT AND DETERMINATION OF GOOD FAITH
DEFENDANTS SABO AND GREEN JOEL TO BOHEM AND ATKINSON
ANDELSON LOYD RUUD AND ROMOby Judge Dickran Tevrizian: The Court orders
the motion: Granted as to motions #2,3,& 4. Denied as to motion #1. (Related to Motions:
[1088][1082]1085] Court Reporter: Lori Muraoka. (dw, ) (Entered: 08/12/2004)
08/09/2004 1112 ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH
SETTLMENT AND ENTRY OF BAR ORDER by Judge Dickran Tevrizian: IT IS
HEREBY ORDERED that A) Pursuant to the Private Securities Litigation Reform Act all
persons are barred enjoined and restrained from commencing prosecuting or asserting in
any forum (judicial arbitration bankruptcy or administrative) any claim counterclaim
cross-claim third party claim cross-action or other action arising out of or related to the
underwriting sale or purchase of the Heritage Bonds. (See document for further
information) (This Document Relates to CV01-5752 DT RCx) (Related to Motion [1088]
(Entered: 08/12/2004)
08/09/2004 1113 ORDER APPROVING SETTLEMENT AND BARRING CLAIMS FOR INDEMNITY
AND CONTRIBUTION AND ALL ANCILLIARY CLAIMS AGAINST SETTLING
DEFENDANTS JOEL T BOEHM SABO AND GREEN AND ATKINSON ANDELSON
LOYA RUUD AND ROMO by Judge Dickran Tevrizian: IT IS HEREBY ORDERED: 1)
The Court does hereby approve the Stipulation and the partial settlement between the
above-captioned plaintiffs and defendants JOEL T BOHEM SABO & GREEN and
ATKINSON ANDELSON LOYA RUUD & ROMO as set forth therein. (See document
for further information) (dw, ) (Entered: 08/12/2004)
08/09/2004 1114 AMENDED ORDER by Judge Dickran Tevrizian: IT IS THEREFORE ORDERED: 1)
The settlement entered into between Plaintiffs and Setting Defendants is hereby held to be
a good faith settlement between the parties (See document for further information) (This
Document Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 08/12/2004)
08/09/2004 1115 ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH
SETTLEMENT AND ENTRY OF BAR ORDER by Judge Dickran Tevrizian: IT IS
HEREBY ORDERED that A) Pursuant to the Private Securities Litigation Reform Act all
persons are barred enjoined and restrained from commencing prosecuting or asserting in
any forum (judicial arbitration bankruptcy or administrative) any claim counterclaim
cross-claim third party claim cross-action or other action arising out of or related to the
underwriting sale or purchase of the Heritage Bonds. (See document for further
information) (This Document Relates to CV01-5752 DT (RCx)(dw, ) (Entered:
08/12/2004)
08/09/2004 1116 ORDER 1) GRANTING ATTORNEY DEFENDANTS' (AS DEFINED HEREIN)
MOTION IN SUPPORT OF REQUEST FOR PRELIMINARY APPROVAL OF
SETTLEMENT AND DETERMINATION OF GOOD FAITH; 2) GRANTING MOTION
FOR DETERMINATION OF GOOD FAITH SETTLEMENT AND BAR ORDER AS
TO DEFENDANTS J CLAREY V DHOOGE P EKLHOLM S ERICKSON J IVERSON
AND K DAWKINS 3) GRANTING DEFENDANT J TABOLICH'S E HENTGES AND
K LARSEN'S AMENDED MEMORANDUM OF LAW IN SUPPORT OF MOTION
FOR DETERMINATION OF GOOD FAITH by Judge Dickran Tevrizian: In light of the
foregoing this Court concludes that the Proposed Settlement Order is fair reasonable and
adequate and hereby grants 1) the Attorney Defendants' 2) M&S principals Clarey
Erickson Ekholm Iverson Dhooge as well as Dawkins' and 3) M&S principals Tabolich
Hentges and Larsen's Motion for Approval of Settlement and Determination of Good
Faith. Additionally this Court issues a Bar Order barring all claims for indemnity and
contribution against Settling Defendants (This Document Relates to CV01-5752 DT
(RCx)(dw, ) (Entered: 08/12/2004)
08/10/2004 1120 Substitution of Attorney filed. Substituting attorney Geoffrey C Mousseau for in place and
stead of Donald Chalker in pro per approved by Judge Dickran Tevrizian. (dw, ) (Entered:
08/18/2004)
08/11/2004 1118 ORDER by Judge Dickran Tevrizian upon Kasirer defendants' Ex Parte Application for A
Stay of The Enforcement of Two Discovery Orders Issued by Magistrate Chapman on
7/23/04 [1103], staying the effect of and enforcement of Magistrate Judge Chapman's
7/23/2004 discovery Orders pending the hearing on the Kasirer defendants' motion for an
order to review, modify and/or set aside said orders. [This document relates to CV 02-
00382 DT (RCx)] (gk, ) (Entered: 08/16/2004)
08/12/2004 1125 STIPULATION AND ORDER Allowing for a Limited Extension of the Discovery Cut-
Off Pending Approval of the Settlement Between the Class Plaintiffs and the Kasirer
Defendants by Judge Dickran Tevrizian: The discovery cut-off, durrently set for
8/27/2004, is extended for limited purposes so that, should the settlement between the
Class Plaintiffs, the Kasirer Defendants, and the Management Defendants not approved by
this Court: (1) the Deposition of Robert Kasirer, leo Dierckman, William Filippone, and
Darlene Ward may be taken after the discovery cut-off date; (2) the assertion of spousal
privilege may be challenged by Class Plaintiffs; (3) Debra Kasirer will file supplemental
discovery responses and an amended answer and Class Plaintiffs may challenge the
sufficiency of such responses; (4) and the Motion to Review Two Discovery Orders
Issued by Magistrate Judge on 7/23/2004 [1106] are hereby taken off calendar but may be
re-filed by the Kasirer defendants and/or the Class Plaintiffs may take necessary steps to
enfforce the 7/23/04 Orders. [This document relates to CV 02-00382 DT (RCx)] (gk, )
Modified on 8/24/2004 (gk, ). (Entered: 08/24/2004)
08/16/2004 1119 EX PARTE APPLICATION to Stay Deposition of Robert Kasirer and Extend the
Discovery Cut-Off Period to Permit a Later Deposition filed by defendants JDDJ
Holdings, LP; Health Care Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Bistra &
Munkacs Holdings, Inc., Canon Realty Corporation; Debra Kasirer, individually and as
Trustee of The Debra Kasirer Trust; and Robert Kasirer; memorandum of points and
authorities; declaration of Gary Kurtz. Lodged Proposed Order. [This document relates to
CV 02-00382 DT (RCx)] (gk, ) (Entered: 08/17/2004)
08/16/2004 1124 ORDER GRANTING A STAY DEPOSITION OF ROBERT KASIRER AND
EXTENDING THE DISCOVERY CUT-OFF PERIOD TO PERMIT A LATER
DEPOSITION by Judge Dickran Tevrizian: Based on the ex parte application of
defendant Robert Kasirer and for good casue demonstrated this Court Orders the
following: 1) The deposition of Robert Kasirer presently scheduled for 8/24/04 is stayed
pending further order of this Court or agreement of counsel for Goldstein and Kasirer. 2)
The discovery cut-off date in this action is extended for the limited purpose of permitting
the deposition of Robert Kasirer upon the lifting of the stay pursuant to further order of
this Court of agreement of counsel for Goldstein and Kasirer. (Related to EX PARTE
APPLICATION to Stay [1119])(dw, ) (Entered: 08/24/2004)
08/17/2004 1123 OPPOSITION to Ex Parte Application to Stay Deposition of Robert Kasirer and Extend
the Discovery Cut-Off Period to Permit a Later Deposition [1119] filed by defendants
Jerold V. Goldstein, Clarke Underwood and Geri Ostlund. [This document relates to CV
02-00382 DT (RCx)] (gk, ) (Entered: 08/23/2004)
08/18/2004 1126 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
8/9/04 Court Reporter: Lori Muraoka. (weap, ) (Entered: 08/25/2004)
08/18/2004 -- TRANSCRIPT filed for proceedings held on 8/9/04. Court Reporter: Lori
Muraoka.(consolidated with CV 01-5752, CV 02-382, CV 02-993, CV 02-2745, CV 02-
6484,CV 02-6841, CV 02-9921, CV 02-6512) (weap, ) (Entered: 08/25/2004)
08/20/2004 1122 EXPARTE APPLICATION to Enter Stipulated Order for Limited Extension of Discovery
Cut-off Pending Approval of Settlement with Kasirer Defendants: Declaration of Gary
Kurtz filed by Defendants Debra Kasirer, Robert Kasirer -.( Cv 01-5752) Lodged order.
(pbap, ) (Entered: 08/23/2004)
08/23/2004 1127 STIPULATION AND ORDER FOR LIMITED EXTENSION OF DISCOVERY CUT-
OFF PENDING APPROVAL OF SETTLEMENT WITH KASIRER DEFENDANTS by
Judge Dickran Tevrizian: Pursuant to the Stipulation of the parties and for good cause
shown this Court Orders the following: The discovery cut-off is hereby extended for the
limited purpose of permitting the Betker plaintiffs to take the deposition of Robert Kasirer
Michael Sobelman Ada Lee Sullivan and Lori Hoffman and finish the deposition of Debra
Kasirer in the event that the settlement between the Kasirer Defendants and the Betker
Plaintiffs is not concluded for any reason(This Document Relates to CV01-5752 DT
(RCx)(dw, ) (Entered: 08/26/2004)
08/23/2004 1128 STIPULATION AND ORDER FOR LIMITED EXTENSION OF DISCOVERY CUT-
OFF TO COMPLETE TALLEY DEPOSITION by Judge Dickran Tevrizian: Pursuant to
the stipulation of the parties and for good cause shown this Court Orders the following:
The discovery cut-off is hereby extended for the limited purpose of permitting the
deposition of defendant Bruce Talley on 8/31/04(This Document Relates to CV01-5752
DT (RCx)(dw, ) (Entered: 08/26/2004)
08/23/2004 -- PLACED IN FILE - NOT USED re ORDER FOR LIMITED EXTENSION OF
DISCOVERY CUT-OFF PENDING APPROVAL OF SETTLEMENT WITH KASIRER
DEFENDANTS lodged on 8/20/04 (dw, ) (Entered: 08/26/2004)
08/23/2004 1129 STIPULATION AND ORDER ALLOWING FOR A LIMITED EXTENSION OF THE
DISCOVERY CUT-OFF PENDING SETTLEMENT EFFORTS BETWEEN
VALUATION COUNSELORS GROUP INC AND THE CLASS PLAINTIFFS by Judge
Dickran Tevrizian: It is hereby ordered as follows: Discovery Cutoff extended for limited
purposes so that should the 9/14/04 mediation not result in substantial progress toward
settlement between the Class Plaintiffs VC and ZA: 1) the Class Plaintiffs will be allowed
to take the deposition of Messrs. LoMonaco and Lussier on 9/20 and 9/21/04. 2) Messrs
LoMonaco and Lussier shall serve objections and/or documents in response to the
Subpoenas on 9/16/04. (This Document relates to CV02-382 DT (RCx)(dw, ) (Entered:
08/27/2004)
08/23/2004 1130 STIPULATION AND ORDER ALLOWING FOR A LIMITED EXTENSION OF THE
DISCOVERY CUT-OFF PENDING APPROVAL OF THE SETTLEMENT BETWEEN
THE CLASS PLAINTIFFS AND US TRUST DEFENDANTS by Judge Dickran
Tevrizian: It is hereby ordered: The discovery cutoff currently set for 8/27/04 is extended
for limited purposes so that should the settlement between Class Plaintiffs and the US
Trust Defendants not be approved by this Court or not be completed for any reason the
Parties will have the same rights to conduct and pursue discovery between them as they
had on 6/25/04. (This Document Relates to CV02-382 DT (RCx)(dw, ) (Entered:
08/27/2004)
08/30/2004 1137 EX PARTE APPLICATION to Compel Attendance at Mediations; Supporting Declartons
of Layn R. Phillips and Garland A. Kelley filed by Defendants Valuation Counselors
Group Inc, Zelenkofske Axelrod & Co Ltd. (This Document Relates to CV01-5752 DT
(RCx) (dw, ) (Entered: 09/03/2004)
08/30/2004 1138 DECLARATION of Layn R Phillips In Support of EX PARTE APPLICATION of
defendants Valuation Counselors Group Inc and Zelenkofske Axelrod & Co Ltd to
Compel Attendance at Mediations [1137] filed by Defendants Valuation Counselors
Group Inc, Zelenkofske Axelrod & Co Ltd. (dw, ) (Entered: 09/03/2004)
08/30/2004 1139 DECLARATION of Garland A. Kelley In Support of EX PARTE APPLICATION of
defendants Valuation Counselors Group Inc and Zelenkofske Axelrod & Co Ltd to
Compel Attendance at Mediations [1137] filed by Defendants Valuation Counselors
Group Inc, Zelenkofske Axelrod & Co Ltd. (dw, ) (Entered: 09/03/2004)
08/31/2004 1131 PROOF OF SERVICE RE EX PARTE APPLICATION of Defendants Valuation
Counselors Group Inc and Zelenkofske Axelrod & Co., Ltd to Compel Attendance at
Mediations; Supporting Declarations of Layn R Phillips and Garland A Kelley; And
Proposed Order filed by Defendants Valuation Counselors Group Inc and Zelenkofske
Axelrod & Co., Ltd. was served on 8/30/04. (dw, ) Modified on 9/1/2004 (dw, ). (This
Document Relates to CV02-382 DT (RCx) (Entered: 09/01/2004)
08/31/2004 1132 JOINDER in the Ex Parte Application of Zelenkofkse Axelrod & Co., Ltd and Valuation
Counselors Group Inc For An Order Compelling Attendance at Mediation (This
Document Relates to CV02-382 DT (RCx)(dw, ) (Entered: 09/01/2004)
08/31/2004 1133 OPPOSITION to the Ex Parte Application of Defendants Valuation Counselors Group Inc
and Zelenkofske Axelrod & Co Ltd to Compel Attendance at Mediations filed by
Specially Appearing Non Party ACE USA. (dw, ) (Entered: 09/01/2004)
08/31/2004 1134 DECLARATION of Seth A Ribner in Support of Ace USA's Opposition to the Ex Parte
Application of Defendants Valuation Counselors Group Inc and Zelenkofske Axelrod &
Co LTD to Compel Attendance at Mediations(This document relates to CV02-382 DT
(RCx) (dw, ) (Entered: 09/01/2004)
08/31/2004 1135 AMENDED STIPULATION AND ORDER Allowing For A Limited Extension of the
Discovery Cut-Off With Regard to the Deposition of O.V. Bertolini by Judge Dickran
Tevrizian: It is hereby ordered as follows: The discovery cut-off currently set for 8/27/04
is extended for limited purposes so that Class Plaintiffs may take the deposition of O.V.
Bertolini on 9/13/04(dw, ) (Entered: 09/01/2004)
08/31/2004 -- PLACED IN FILE - NOT USED: STIPULATION AND PROPOSED ORDER
ALLOWING FOR A LIMITED EXTENSION OF THE DISCOVERY CUT-OFF WITH
REGARD TO THE DEPOSITION OF O.V. BERTOLINI lodged on 8/26/04 by Class
Action Plaintiffs David Sinow, et al (This Document Relates to CV02-0382 DT (RCx)
(dw, ) (Entered: 09/01/2004)
08/31/2004 1136 ORDER DISMISSING WITHOUT PREJUDICE THE FIRST SECOND AND THIRD
CAUSES OF ACTION AGAINST DEFENDANT VIRGIL LIM ONLY by Judge Dickran
Tevrizian: Plaintiffs hereby dismiss without prejudice Defendant Virgil Lim from the First
Cause of Action, the Second Cause of Action and the Third Cause of Action of the Fourth
Amended Complaint. The Fifth Cause of Action for Negligence against Defendant Lim
still remains. (This Document Relates to: CV02-382 DT (RCx)(dw, ) (Entered:
09/02/2004)
09/01/2004 1140 JOINDER In the EX PARTE APPLICATION of Zelenkofske Axelrod & Co Ltd and
Valuation Counselors Group Inc For an Order Compelling Attendance at
Mediation.[1137] filed by Betker Plaintiffs(This Document Relates to CV01-5752 DT
(RCx) (dw, ) (Entered: 09/03/2004)
09/01/2004 1141 Substitution of Attorney filed. Attorney David R. Schwarcz for defendant The Estate of
Emery Rubin in place and stead of Fred Fenster by Judge Dickran Tevrizian. [This
document relates to CV 01-05752, CV 02-00382, CV 02-02745, CV 02-06512] (gk, )
(Entered: 09/03/2004)
09/03/2004 1142 ORDER ON EX PARTE APPLICATION OF DEFENDANTS VALUATION
COUNSELORS GROUP INC AND ZELENKOFSKE AXELROD AND COMPANY TO
COMPEL ATTENDENCE AT MEDIATIONS by Judge Dickran Tevrizian: IT IS
HEREBY ORDERED that the Ex Parte Application to Compel Attendance at Mediations
is granted. (See document for further information) (Related to [1137] Ex Parte Application
to Compel)(This Document Relates to CV01-5752 DT (RCx), CV02-382 DT (RCx),
CV02-2745 DT (RCx), CV02-993 DT(RCx) (dw, ) (Entered: 09/07/2004)
09/03/2004 1143 NOTICE OF MOTION AND MOTION for Entry of Judgment, Pre-Judgment Interest and
Post Judgment Interest Against Defendant Virgil Lim filed by Class Action Plaintiffs
David Sinow, et al Motion hearing 9/27/04 at 10:00am (dw, ) (Entered: 09/07/2004)
09/03/2004 1144 DECLARATION of Brian Barry In Support of Plaintiffs' MOTION for Entry of
Judgment, Pre-Judgment Interest and Post Judgment Interest Against Virgil Lim [1143]
filed by Class Action Plaintiffs David Sinow, et al (This Document relates to CV02-382
DT (RCx) (dw, ) (Entered: 09/07/2004)
09/07/2004 1145 STIPULATION AND ORDER Re Continuing Class Plaintiffs' Motion for Summary
Judgment Against Geri Ostlund by Judge Dickran Tevrizian: IT IS SO ORDERED. Class
Plaintiffs' Motion for Summary Judgment against Geri Ostlund will be heard on 11/29/04.
This Order is without prejudice to further stipulations to continue the hearing date.(dw, )
(Entered: 09/10/2004)
09/14/2004 1146 JOINT EX PARTE APPLICATION to Continue Pre-Trial Conference from 11/1/2004 at
1:30 PM to 12/16/2004 at 1:30 PM. Lodged Proposed Order. (gk, ) [This document relates
to CV 01-05752, CV 02-00382, CV 02-02745 DT (RCx)] Modified on 9/15/2004 (gk, ).
(Entered: 09/15/2004)
09/16/2004 1147 ORDER by Judge Dickran Tevrizian that the Joint Ex Parte Application to Continue the
Pre-Trial Conference [1146] is granted. Ordered that the pre-trial conference in this matter
is continued from 11/1/2004 to 12/20/2004 at 1:30 PM. [This document relates to CV 01-
05752, CV 02-00382, CV 02-02745 DT (RCx)] (gk, ) (Entered: 09/16/2004)
09/16/2004 -- Set/Reset Hearings: Pretrial Conference set for 12/20/2004 01:30 PM before Honorable
Dickran Tevrizian. (gk, ) (Entered: 09/16/2004)
09/16/2004 1148 STIPULATION: 1) To Dismiss Plaintiff's Heritage Rancho Claims With Prejudice; and 2)
To Enter Final Judgment on Claims Decided in the Court's 7/7/04 Order Granting Motion
for Partial Summary Judgment Etc; ORDER (HEARTLAND RECEIVER ACTION) by
Judge Dickran Tevrizian: It is hereby ordered: 1) The Claims relating to the Heritage
Rancho Bonds not determined by this Court's Order Granting Defendant US Trust's
Motion for Partial Summary Judgment or in the Alternative for Summary Adjudication of
Issues entered in 7/7/04 are dismissed with prejudice. (See document for further
information)(This Document Relates to CV02-06512 DT (RCx)(dw, ) (Entered:
09/20/2004)
09/20/2004 1149 NOTICE of Entry of Order Dismissing Plaintiff's Heritage Rancho Claims With Prejudice
and Allowing Entry of Final Judgment (Heartland Receiver Action) filed by Defendant
and Third Party Plaintiff U S Trust Company of Texas N A.(This Document Relates to
CV02-6512 DT (RCx)(dw, ) (Entered: 09/21/2004)
09/21/2004 1150 STIPULATION OF DISMISSAL OF COUNTER-CLAIMS AND ORDER by Judge
Dickran Tevrizian that all of the claims by Marshall Wexler against The Bank of New
York as set forth in the Cross-Complaint (filed by Herbert T. Saltzman, Cary Medill,
Donald Chalker, Evan Greenspan, Marshall Wexler, and the Estate of Andrew Kornreich)
[596] are hereby dismissed, without prejudice, pursuant to Rule 41 of the F.R.Civ.P. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 09/23/2004)
09/27/2004 1151 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION
FOR ENTRY OF JUDGMENT, PRE-JUDGMENT INTEREST AND POST-
JUDGMENT INTEREST AGAINST DEFENDANT VIRGIL LIM by Judge Dickran
Tevrizian: This Court grants in part and denies in part Plaintiff's Motion for Entry of
Judgment, Pre-Judgment Interest and Post-Judgment Interest Against Defendant Virgil
Lim [1143]. The Court grants plaintiffs' motion insofar as entry of judgment in the amount
of $23,676,057.00, and pre-judgment interest in the amount of $5,011,017.20 is
warranted. Plaintiff's motion is denied without prejudice to submit a motion for an
amended judgment with respect to plaintiffs' request for post-judgment interest as against
Defendant Virgil Lim. (gk, ) (Entered: 09/28/2004)
09/27/2004 1152 MINUTES OF PROCEEDINGS:Motion Hearing held before Judge Dickran Tevrizian :
Granted in part and denied in part as to MOTION for Entry of Judgment, Pre-Judgment
Interest and Post Judgment Interest Against Defendant Virgil Lim [1143]; Set/Hearings:
Settlement Conference set for 10/14/2004 04:00 PM before Honorable Dickran Tevrizian.
(re: 02-382)Court Reporter: Lori Muraoka. (pbap, ) (Entered: 09/28/2004)
09/29/2004 1153 STIPULATION AND ORDER For Leave To File Sixth Amended Complaint by Judge
Dickran Tevrizian: IT IS SO ORDERED. (This Document Relates to CV01-5752 DT
(RCx)(dw, ) (Entered: 09/30/2004)
09/30/2004 1154 CONSOLIDATED SIXTH AMENDED COMPLAINT against Defendants Bank of New
York Inc, Heritage Acceptance Corporation, Heritage Care of Chicago Inc, Heritage Care
of Sarasota Inc, Heritage Geriatric Housing Development IX Inc IX, Heritage Geriatric
Housing Development VII Inc, Heritage Geriatric Housing Development VIII Inc VIII,
Heritage Healthcare of America Inc, Heritage Housing Development Inc, Heritage
Housing V Inc, James E Iverson, JDDJ Holdings LP, Debra Kasirer, Robert Kasirer -,
Kenneth R Larsen, The Bank of New York, U S Trust Company N A, U.S. Trust
Corporation, Valuation Counselors Group Inc, Zelenkofske Axelrod & Co Ltd amending
Amended Complaint[393] ; Demand for Jury Trial,filed by Class Action Plaintiffs Betker
Family Trust, Betker Partners One LP, Betker Partners Three LP, Lori O'Shea, Michael
O'Shea (This Document Relates to CV01-5752 DT (RCx)(dw, ) (dw, ) (Entered:
10/01/2004)
10/05/2004 1157 MINUTES OF PROCEEDINGS:Settlement Conference held before Judge Dickran
Tevrizian. Case does not settle. Further Settlement Conference set for 10/14/2004 04:00
PM before Honorable Dickran Tevrizian.Court Reporter: none present. (pbap, ) (Entered:
10/14/2004)
10/06/2004 1155 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
9/27/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 10/07/2004)
10/06/2004 1156 TRANSCRIPT filed for proceedings held on 9/27/04. Court Reporter: Lori Muraoka.
(ghap, ) (Entered: 10/07/2004)
10/07/2004 1158 Letter from Ronald S. Caswell, Attorney of Case, Knowlson, Jordan & Wright LLP.
(pbap, ) (Entered: 10/14/2004)
10/08/2004 1159 ORDER ON MOTION FOR ENTRY OF JUDGMENT, PRE-JUDGMENT INTEREST
AND POST-JUDGMENT INTEREST AGAINST VIRGIL LIM re [1143] by Judge
Dickran Tevrizian: Ordered, adjudicated and decreed that Class Plaintiffs have judgment
against Virgil Lim in the liquidated amount of $23,676.057. Pursuant to California Civil
Code Section 3287 and/or California Civil Code 3288, Plaintiffs are granted pre-judgment
interest in the amount of $5,001,017.20. Plaintiffs' request for post-judgment interest is
denied without prejudice. Jurisdiction is retained by this court for the purpose of hearing
and ruling upon plaintiffs' application for an award of fees and costs if they obtain a
recovery pursuant to this Judgment. All relief not expressly granted is denied. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 10/14/2004)
10/14/2004 1160 MINUTES (Settlement Conference) (In Chambers) held before Judge Dickran Tevrizian:
Case does not settle. Court sets further settlement conference on 10/21/04 at 2:00pm.Court
Reporter: 10/14/04. (dw, ) (Entered: 10/25/2004)
10/20/2004 1161 Heartland Receiver's FRAP 10 Statement (Heartland Receiver Action) filed by plaintiff
Phillip L. Stern. (This document relates to CV02-6512 DT (RCx) (dw, ) (Entered:
10/25/2004)
10/22/2004 1162 NOTICE OF MOTION AND MOTION for Leave to Amend Class Plaintiffs' Fourth
Amended Complaint; and Memorandum of Points in Support thereof filed by Plaintiff
David Sinow. Motion set for hearing on 11/15/2004 at 10:00 AM before Honorable
Dickran Tevrizian. Lodged proposed 5th A/C. (pbap, ) (Entered: 10/26/2004)
10/25/2004 1163 NOTICE OF MOTION AND MOTION In Support of Request for Preliminary Approval
of Settlement and Determination of Good Faith filed by Kasirer Defendants Bistra &
Munkacs Holdings Inc, CareContinuum LLC, Leo Dierkman, William Filippone,
Healthcare Holdings LLC, JDDJ Holdings LP, Debra Kasirer, Robert A Kasirer, Richard
Kuhl, Geri Ostlund, Alan Pollak. Motion set for hearing on 11/15/2004 at 10:00 AM
before Honorable Dickran Tevrizian. Lodged Proposed Order. Lodged Proposed Order.
(dw, ) (This document relates to CV02-382 DT (RCx) (Entered: 10/26/2004)
10/25/2004 1164 MEMORANDUM Of Points and Authorities In Support of Preliminary Approval of Class
Settlement and Determination of Good Faith [1163] filed by Kasirer Defendants (This
Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 10/26/2004)
10/25/2004 1165 DECLARATION of Michael H. Gottschlich In Support of Motion In Support of Request
For Preliminary Approval of Settlement and Determination of Good Faith [1163] filed by
Kasirer Defendants (This Document relates to CV02-0382 DT (RCx) (dw, ) (Entered:
10/26/2004)
10/25/2004 1167 STIPULATION OF DISMISSAL OF CROSS-CLAIMS; ORDER THEREON by Judge
Dickran Tevrizian: IT IS SO ORDERED. (Re: Crossclaim of Hebert T. Saltzman
[596])(dw, ) (This Document Relates to CV02-382 DT (RCx) (Entered: 11/01/2004)
10/28/2004 1166 JOINT EX PARTE APPLICATION to Continue Pre-Trial from 12/20/04 to 2/28/04
@1:30 P.M. Lodged proposed order. (pbap, ) (Entered: 11/01/2004)
10/29/2004 1169 OPPOSITION to Joint EX PARTE APPLICATION to Continue Pre-Trial
Conference[1166] filed by Betker Plaintiffs'(This Document Relates to CV01-5752 DT
(RCx) (dw, ) (Entered: 11/02/2004)
11/01/2004 1168 OPPOSITION to MOTION to Amend Fourth Amended Consolidated Class Action
Complaint [1162] filed by Defendant Jerold V Goldstein. (dw, ) (Entered: 11/02/2004)
11/01/2004 1170 REPLY to Betker Plaintiffs' Opposition to Joint EX PARTE APPLICATION [1166];
Declaration of Steven W. Bacon in Support Thereof filed by Defendants U S Trust
Company of Texas N A, U S Trust Corporation N A. (This Document Relates to CV02-
382 DT (RCx)(dw, ) (Entered: 11/03/2004)
11/01/2004 1171 REPLY of Valuation Counselors Group Inc and Zelenkofske Axelrod & Co. to Betker
Plaintiffs' Opposition to Joint EX PARTE APPLICATION to Continue Pre-Trial
Conference [1166] filed by Valuation Counselors Group Inc and Zelenkofske Axelrod &
Co. filed by Defendants (This Document Relates to CV01-5752 DT (RCx), CV02-0382
DT (RCx) and CV02-2745 DT (RCx) (dw, ) (Entered: 11/03/2004)
11/01/2004 1172 REPLY to Opposition of the Betker Plaintiffs to the JOINT EX PARTE APPLICATION
to Continue Pre-trial Conference [1166] filed by Class Plaintiffs. (dw, ) Modified on
11/3/2004 (dw, ). (This Document Relates to CV02-382 DT (RCx) (Entered: 11/03/2004)
11/01/2004 1173 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to Plaintiffs'
MOTION for Leave to Amend Class Plaintiffs' Fourth Amended Complaint [1162] filed
by Defendants Valuation Counselors Inc, Zelenkofske Axelrod & Co Ltd. (dw, ) (Entered:
11/03/2004)
11/01/2004 1174 OPPOSITION to Class Plaintiffs' MOTION for Leave to Amend the Fourth Amended
Complaint [1162] filed by Defendant Capital Valuation Group . (dw, ) (Entered:
11/03/2004)
11/01/2004 1175 OPPOSITION to MOTION for Leave Amend Class Plaintiffs' Fourth Amended
Complaint [1162]; Declaration of Michael Molinaro filed by Defendant Stephen P.
Goodman (This Document relates to CV02-382 DT (RCx) (dw, ) (Entered: 11/03/2004)
11/01/2004 1176 NOTICE OF JOINDER In Legal Authorities of Defendant Jerold Goldstein in Opposition
to MOTION for Leave To Amend Class Plaintiffs' Fourth Amended Complaint [1162]
filed by Defendant Stephen P Goodman. (This Document Relates to CV02-382 DT (RCx)
(dw, ) (Entered: 11/03/2004)
11/03/2004 1177 JOINT EX PARTE APPLICATION Requesting Mandatory Settlement Conference filed
by Defendants Jerold V. Goldstein, Clarke Underwood, Richard Kuhl and Geri Ostlund
and Plaintiff The Bank of New York as Successor Indenture Trustee to Plaintiff US Trust
Company of Texas NA (This Document Relates to CV02-382 DT (RCx) and CV02-2745
DT (RCx) Lodged Proposed Order. (dw, ) (Entered: 11/04/2004)
11/03/2004 1178 ORDER by Judge Dickran Tevrizian : Granting [1177] JOINT EX PARTE
APPLICATION Requesting Mandatory Settlement Conference; A Mandatory Settlement
Conference is scheduled 11/18/04 at 4:00 p.m.in this Court, subject to the time being
advanced to 10:00 a.m. or 1:00 p.m.(re: CV 02-382 & CV 02-2745) (pbap, ) (Entered:
11/05/2004)
11/03/2004 1179 ORDER by Judge Dickran Tevrizian : Granting [1166]JOINT EX PARTE
APPLICATION to Continue Pre-Trial from 12/20/04 to 3/28/05 @1:30 P.M. (re: CV 01-
5752; 02-382; 02-2745) (pbap, ) (Entered: 11/09/2004)
11/03/2004 -- Set/Reset Hearings: Pretrial Conference set for 12/20/04 to 3/28/2005 01:30 PM before
Honorable Dickran Tevrizian. (pbap, ) (Entered: 11/09/2004)
11/04/2004 -- Set Deadlines/Hearings: Settlement Conference set for 11/18/2004 04:00 PM before
Honorable Dickran Tevrizian. (pbap, ) (Entered: 11/05/2004)
11/08/2004 1180 REPLY to the Opposition of Valuation Counselors Group, Inc. and Zelenkofske Axelrod
& Co., Ltd. to the Motion for Leave to Amend [1162] filed by Class Action Plaintiffs.
[This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 11/10/2004)
11/08/2004 1181 DECLARATION of Brian Barry in Support of Reply to the Opposition of Valuation
Counselors Group, Inc. and Zelenkofske Axelrod & Co., Ltd. to the Motion for Leave to
Amend [1162] filed by Class Action Plaintiffs. [This documents relates to CV 02-00382
DT (RCx)] (gk, ) (Entered: 11/10/2004)
11/08/2004 1182 JOINT REPLY to the Opposition of Jerold Goldstein and Stephen Goodman to the
Motion for Leave to Amend [1162] filed by Class Action Plaintiffs. [This document
relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 11/10/2004)
11/08/2004 1183 DECLARATION of Brian Barry in Support of Motion for Leave to Amend Against
Goldstein and Goodman [1162] filed by Class Action Plaintiffs. [This document relates to
CV 02-00382 DT (RCx)] (gk, ) (Entered: 11/10/2004)
11/08/2004 1184 REPLY to Capital Consulting Group Inc. and Mark Roth's Opposition to the Motion for
Leave to Amend [1162] filed by Class Action Plaintiffs Ralph Allman, Barrett Anderson,
Landgon Parrill, Laurence Pilgeram, Howard Preston et al (dw, ) (This Document Relates
to CV02-382 DT (RCx) (dw, ) (Entered: 11/12/2004)
11/08/2004 1185 DECLARATION of Brian Barry In Support of Class Plaintiffs' MOTION for Leave to
Amend Against Capital Consulting and Mark Roth [1162] filed by Plaintiffs David Sinow,
et al (This Document Relates to CV02-0382 DT (RCx) (dw, ) (Entered: 11/12/2004)
11/08/2004 1186 STIPULATION AND ORDER by Judge Dickran Tevrizian by and between cross-
claimant Donald Chalker and cross-defendant The Bank of New York that all claims by
Chalker against The Bank of New York as set forth in the Cross-Complaint filed
12/11/2003 [596] are hereby dismissed, without prejudice, pursuant to Rule 41 of
F.R.Civ.P., with each party to bear its own attorneys' fees and costs. [This document
relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 11/15/2004)
11/10/2004 1187 EX PARTE APPLICATION to File Surreply to Class Plaintiffs' Reply to Opposition to
Motion to Amend Complaint filed by defendant Jerold V. Goldstein. Lodged Proposed
Order. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 11/15/2004)
11/10/2004 1188 OBJECTIONS TO DECLARATION of Brian Barry in Support of Class Plaintiffs' Motion
for Leave to Amend Against Goldstein and Goodman [1162] filed by defendant Stephen
P. Goodman. [This document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered:
11/15/2004)
11/10/2004 1189 NOTICE of Order filed by defendants Jerold V. Goldstein, Clarke Underwood, Richard
Kuhl, and Geri Ostlund. [This document relates to CV 02-00382 DT (RCx)] (gk, )
(Entered: 11/15/2004)
11/12/2004 1202 ORDER by Judge Dickran Tevrizian GRANTING EX PARTE APPLICATION to File
Surreply to Class Plaintiffs' Reply to Opposition to Motion to Amend Complaint [1187].
(re: Cv 02-382-DT(RCx)(pbap, ) (Entered: 11/23/2004)
11/15/2004 1190 NOTICE OF MOTION AND MOTION for Partial Summary Judgment or in the
alternative MOTION for Summary Adjudication, on Fifth Cause of Action (Negligence)
Against Defendant Stephen Goodman, filed by Class Action Plaintiffs David Sinow et al.
(re: CV 02-382-DT (RCx) Motion set for hearing on 12/6/2004 at 10:00 AM before
Honorable Dickran Tevrizian. Lodged proposed order and Statement of Uncontroverted
Facts and Conclusions of Law. (pbap, ) (Entered: 11/17/2004)
11/15/2004 1191 MEMORANDUM in Support of MOTION for Partial Summary Judgment or in the
alternative MOTION for Summary Adjudication, on Fifth Cause of Action (Negligence)
Against Defendant Stephen Goodman[1190] filed by Class Action Plaintiffs David Sinow
et al. (re: Cv 02-382-DT(RCx) (pbap, ) (Entered: 11/17/2004)
11/15/2004 1192 DECLARATION of Brain Barry in Support of MOTION for Partial Summary Judgment
or in the alternative MOTION for Summary Adjudication, on Fifth Cause of Action
(Negligence) Against Defendant Stephen Goodman[1190] filed by Class Action Plaintiffs
David Sinow et al. (re: CV 02-382-DT(RCx) (pbap, ) (Entered: 11/17/2004)
11/15/2004 1193 NOTICE OF MOTION AND MOTION for Approval of Settlement Stipulation, Good
Faith Determination and Bar Order filed by Kasirer Defendants, BHMC Corporation
CareContinuum LLC, Health Care Holdings LLC, JDDJ Holdings LP, Debra Kasirer,
Robert Kasirer. Motion set for hearing on 12/6/2004 at 10:00 AM before Honorable
Dickran Tevrizian. (This Document Relates to CV01-5752 DT (RCx)(dw, ) (Entered:
11/17/2004)
11/15/2004 1194 DECLARATION of Gary Kurtz In Support of MOTION and Motion for Approval of
Settlement Stipulation Good Faith Determination and Bar Order [1193] filed by
Defendants BMHC Corp, Canon Realty Corporation, Carecontinumm LLC, Health Care
Holdings LLC, JDDJ Holdings LP, Debra Kasirer, Robert Kasirer -. (This Document
Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 11/17/2004)
11/15/2004 1195 MEMORANDUM Of Points and Authorities in Support of Kasirer Defendants Notice of
Motion and Motion For Approval of Settlement Stipulation, Good Faith Determination
and Bar Order [1193] filed by Defendants BMHC Corp, Canon Realty Corporation,
Carecontinumm LLC, Health Care Holdings LLC, JDDJ Holdings LP. (This Document
Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 11/17/2004)
11/15/2004 1196 STIPULATION Of Settlement Between Betker Plaintiffs and Kasirer Defendants filed by
Betker Plaintiffs and Kasirer Defendants (This Document Relates to CV01-5752 DT
(RCx) (dw, ) (Entered: 11/17/2004)
11/15/2004 1197 ORDER Granting Class Plaintiffs' Motion for Leave to Amend Fourth Amended
Complaint And To File a Fifth Amended Complaint; ORDER Granting Defendants
Robert Kasirer, Debra Kasirer, Leo Dierckman, Allan Pollack, Geri Ostlund, William
Filipone, Louis Pontarelli, Richard Kuhl, Health Care Holdings LLC, Carecontinuum
LLC, JDDJ Holdings, LP., And Bistra & Munkacs Holdings, Inc's Motion for Preliminary
Approval of Settlement and Determination of Good Faith by Judge Dickran Tevrizian: In
light of the foregoing this Court: 1) GRANTS Class Plaintiffs' Motion for Leave to
Amend Class Plaintiffs' Fourth Amended Complaint by the filing of and serving of a Fifth
Amended Complaint and 2) GRANTS Defendants' Request for Preliminary Approval of
Settlement and Determination of Good Faith. (See document for further information)
granting [1162] Motion for Leave, granting [1163] Motion for Settlement (This Document
Relates to CV02-0382 DT (RCx) (dw, ) (Entered: 11/18/2004)
11/15/2004 1198 REQUEST FOR JUDICIAL NOTICE in Support of MOTION for Partial Summary
Judgment or in the alternative MOTION for Summary Adjudication, on Fifth Cause of
Action (Negligence) Against Defendant Stephen Goodman,[1190] filed by Class Actions
Plaintiffs David Sinow. (re: CV 02-382-DT(RCx) (pbap, ) (Entered: 11/19/2004)
11/15/2004 -- PLACED IN FILE - NOT USED re proposed statement of uncontroverted facts and
conclusions of law submitted by Class Actions Plaintiffs. (pbap, ) (Entered: 11/22/2004)
11/15/2004 -- PLACED IN FILE - NOT USED re proposed order granting class plaintiff's motion for
summary judgment against defendant Geri Ostlund submitted by Class Action Plaintiffs.
(pbap, ) (Entered: 11/22/2004)
11/15/2004 -- PLACED IN FILE - NOT USED re proposed order granting class plaintiff's motion for
summary adjudication of issues against defendant Geri Ostlund submitted by Class Action
Plaintiffs. (CV 02-382-DT(RCx). (pbap, ) (Entered: 11/23/2004)
11/15/2004 1203 MINUTES OF PROCEEDINGS: before Judge Dickran Tevrizian : GRAINTING Motion
for Leave to Amend Class Plaintiffs' Fourth Amended Complaint[1162], and the Kasirer
Defendants' Motion in Support of Request for Preliminary Approval of Settlement &
Determination of Good Faith[1163]. Class Plaintiff's motion for summary judgment
against Geri Ostlund, or in the alternative or summary adjudication [1074] is ordered off
calendar. (Consolidated with Case No.(s): CV 01-5752-DT; CV 02-382-DT; CV 02-993-
DT; CV 02-2745-DT; CV 02-6484-DT; CV 02-6841-DT; CV 02-9221; Companion Case :
CV 02-6512-DT)Court Reporter: Lori Muraoka. (pbap, ) (Entered: 11/23/2004)
11/16/2004 1200 NOTICE OF ERRATA filed by Class Action Plaintiffs, correcting Statement of
Uncontroverted Facts and Conclusions of Law in Support of their Motion for Summary
Judgment, or in the alternative, for Summary Adjudication of Issues, on the Fifth Cause of
Action (Negligence) Against Defendant Stephen P. Goodman re [1190]. [This document
relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 11/19/2004)
11/16/2004 1201 OBJECTIONS to 11/4/2004 Order on Joint Ex Parte Application for Requesting
Mandatory Settlement Conference [1178] filed by Defendant Stephen P. Goodman. [This
document relates to CV 02-00382 DT (RCx)] (gk, ) (Entered: 11/19/2004)
11/17/2004 1199 STIPULATION AND ORDER by Judge Dickran Tevrizian by and between cross-
claimant Larry Rubin and cross-defendant The Bank of New York that all claims by Rubin
against The Bank of New York as set forth in the Cross-Complaint served 12/16/2003 are
hereby dismissed, without prejudice, pursuant to Rule 41 of F.R.Civ.P., with each party to
bear its own attorneys' fees and costs. [This document relates to CV 02-00382 DT (RCx)]
(gk, ) (Entered: 11/19/2004)
11/18/2004 1204 NOTICE of Cancellation of Hearing on MOTION for Summary Judgment or in the
Alternative For Summary Adjudication of Issues on Fifth Cause of Action (Negligence)
Against Defendant Geri Ostlund filed by Class Action Plaintiffs. (re: CV 02-382-DT(RCx)
(pbap, ) (Entered: 11/23/2004)
11/18/2004 1206 Substitution of Attorney filed by Defendant Donald Chalker substituting Don Chalrker in
pro per in place and stead of Geoffrey C Mousseau by Judge Dickran Tevrizian. (dw, )
Modified on 11/29/2004 (dw, ). (This Documents Relates to CV02-382 DT (RCx)
(Entered: 11/29/2004)
11/22/2004 1205 NOTICE of Cancellation of Hearing on MOTION for Summary Judgment or in the
Alternative For Summary Adjudication of Issues on Fifth Cause of Action (Negligence
Against Defendant Stephen Goodman [1190] filed by Class Action Plaintiffs (This
Document Relates to CV02-382 DT (RCx)(dw, ) (Entered: 11/24/2004)
11/23/2004 1207 OPPOSITION of Bruce Talley to Kasirer Defendants' Motion for Approval of Settlement
Good Faith Determination Thereof & Sneaky Bar Order (Related to MOTION [1193] filed
by Defendant. (dw, ) (Entered: 11/29/2004)
11/26/2004 1209 REQUEST FOR JUDICIAL NOTICE in Opposition of Bruce Tally to Kasirer Defendants
Motion for Approval of Settlement Good Faith Determination Thereof & Sneaky Bar
Order. (This document relates to CV01-5752 DT) Request set for hearing on 12/6/2004 at
10:00 AM before Honorable Dickran Tevrizian. (dw, ) (Entered: 12/01/2004)
11/29/2004 1210 STIPULATION AND ORDER OF DISMISSAL OF CROSS-CLAIMS by Judge Dickran
Tevrizian. Greenspan and BNY agree that all of the claims by Greenspan against BNY as
set forth in the Cross-Complaint are hereby dismissed, without prejudice, pursuant to Rule
41 of the FRCP, with each party to bear with own attorneys' fees and costs. (re: cv 02-382-
DT(RCx)(pbap, ) (Entered: 12/03/2004)
11/29/2004 1213 REPLY in Support of their MOTION for Approval of Settlement Stipulation, Good Faith
Determination and Bar Order [1193] filed by Kasirer Defendants (re: CV 01-5752 DT
(RCx) (pbap, ) (Entered: 12/07/2004)
11/30/2004 1208 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Cross-
Complainant Donald B Chalker. Motion set for hearing on 1/10/2005 at 10:00 AM before
Honorable Dickran Tevrizian. (Related to CV02-382 DT (RCx) (dw, ) (Entered:
12/01/2004)
11/30/2004 1212 ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT
STIPULATION AND BARRING CLAIMS AGAINST THE KASIRER DEFENDANTS
AND ALL HEALTH CARE HOLDINGS DEFENDANTS by Judge Dickran Tevrizian :
IT IS HEREBY ORDERED AS FOLLOWS: 1) All capitalized terms in this Order
including those used in the recitals hereinabove have the meanings set forth in Section 1
(Definitions) of the Stipulation to the extent defined therein. (See document for further
information) granting [1193] Motion (dw, ) Modified on 12/3/2004 (dw, ). (This
Document Relates to CV02-382 DT (RCx) (Entered: 12/03/2004)
12/01/2004 1211 JOINT STIPULATION to Dismiss The Betker Plaintiffs' Sixth Amended Complaint as to
Bruce Talley Only and Dismissal of Bruce Talley's Cross-Complaint; ORDER THEREON
by Judge Dickran Tevrizian : IT IS SO ORDERED re Amended Complaint, [1154]. (This
Document relates to CV01-5752 DT (RCx)(dw, ) (Entered: 12/03/2004)
12/06/2004 1214 FIFTH AMENDED CONSOLIDATED CLASS ACTION COMPLAINT against
Defendants amending Fourth Amended Complaint [484] ,filed by Class Action Plaintiffs
David Sinow (See document for more information) (This Document Relates to CV02-382
DT (RCx) (dw, ) (Entered: 12/07/2004)
12/06/2004 -- PLACED IN FILE - NOT USED re Proposed order granting motion for determination of
good faith settlement and entry of bar order (re: cv 01-5752-DT - Betker) submitted by
Defendants CareContinuum LLC, Health Care Holdings LLC, Debra Kasirer, Robert
Kasirer -, Kasirer Family Holdings #4. (pbap, ) (Entered: 12/09/2004)
12/06/2004 1215 MINUTES OF PROCEEDINGS:In Chambers before Judge Dickran Tevrizian :
GRANTING MOTION for Approval of Settlement Stipulation, Good Faith Determination
and Bar Order [1193]. (re: CV 01-5752) Court Reporter: Lori Muraoka. (pbap, ) (Entered:
12/09/2004)
12/06/2004 1216 ORDER by Judge Dickran Tevrizian GRANTING Defendants Robert Kasier, Debra
Kasier (individually and as Trustee of the Debra Kasirer Trust), Leo Dierckman, Allan
Pollack, Geri Ostlund, William Filipone, Louis Pontarelli, Richard Kuhl, Health Care
Holdings, LLc, Carecontinuun, LLC, JDDJ Holdings, L.P., Bistra & Munkacs Holdings,
Inc. (Formally Known As B.H.M.C. Corp.), [1163], and Cannon Realty Corp's MOTION
for Approval of Settlement and Determination of Good Faith[1193](pbap, ) (Entered:
12/09/2004)
12/06/2004 1217 MINUTES Re Motion for Judgment on the Pleadings (In Chambers) by Judge Dickran
Tevrizian: Donald Chalker's Motion is STRICKEN from the recordCourt Reporter: None
Present. (dw, ) (Entered: 12/09/2004)
12/06/2004 -- ORDER striking [1208] Motion for Judgment on the Pleadings (dw, ) (Entered:
12/09/2004)
12/06/2004 1218 ORDER by Judge Dickran Tevrizian GRANTING NOTICE OF MOTION FOR
DETERMINATION OF GOOD FAITH [1085] (re: CV 01-5752-DT - Betker) (pbap, )
(Entered: 12/13/2004)
12/07/2004 1219 NOTICE OF MOTION AND MOTION for Approval of Settlement Agreement, Findings
of Good Faith, Apportionment, and Bar Order filed by Defendant Healthcare Financial
Solutions Group Inc. Motion set for hearing on 12/27/2004 at 10:00 AM before Honorable
Dickran Tevrizian. Lodged order. (pbap, ) (Entered: 12/13/2004)
12/07/2004 1220 MEMORANDUM of Points and Authorities in Support of MOTION for Approval of
Settlement Agreement, Finding of Good Faith, Apportionment, and Bar Order [1219] (re:
CV 01-5752-DT (RCx) filed by Defendant Healthcare Financial Solutions Group Inc.
(pbap, ) (Entered: 12/13/2004)
12/07/2004 1221 DECLARATION of Mark P. Epstein in Support of MOTION for Approval of Settlement
Agreement, Finding of Good Faith, Apportionment, and Bar Order [1219] filed by
Defendant Healthcare Financial Solutions Group Inc. (re: CV 01-5752-DT(RCx) (pbap, )
(Entered: 12/13/2004)
12/15/2004 1222 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
11/15/04 Court Reporter: Ramona La Chapelle. (consolidated with CV 02-5752 DT, CV
02-382 DT, CV 02-993 DT, CV 02-2745 DT, CV 02-6484 DT, CV 02-6841 DT, CV 02-
9221 DT, CV 02-6512 DT) (weap, ) (Entered: 12/17/2004)
12/15/2004 1223 TRANSCRIPT filed for proceedings held on 11/15/04. Court Reporter: Ramona La
Chapelle. (weap, ) (Entered: 12/17/2004)
12/15/2004 1227 MINUTES SETTLEMENT CONFERENCE (In Chambers) by Judge Dickran Tevrizian:
Case does not settle. Negotiations continuing. Offers outstanding. Time spent on
Settlement 5 hours total both cases.Court Reporter: None Present. (dw, ) (Entered:
12/28/2004)
12/17/2004 1224 STIPULATION for Extension of Time Within Which to File A Response to Class
Plaintiffs' Fifth Amended Boehm Complaint. filed by and Defendant Cary Medill, and
Class Action Plaintiffs Gilbert Kivenson, Barrett Anderson, Ralph Allman. (This
Document Relates to CV02-382 DT (RCx) (dw, ) (Entered: 12/21/2004)
12/17/2004 1240 STIPULATION TO EXTEND TIME TO RESPOND TO FIFTH AMENDED
CONSOLIDATED CLASS ACTION COMPLAINT AND ORDER by Judge Dickran
Tevrizian : IT IS SO ORDERED. Extension to 1/14/05. (This Document Relates to CV02-
382 DT (RCx)(dw, ) (Entered: 12/30/2004)
12/17/2004 1241 STIPULATION AND ORDER Re US Trust Defendants' Answer to Fifth Amended
Consolidated Class Action Complaint by Judge Dickran Tevrizian: IT IS SO ORDERED.
US Trust Defendants may have until 2/14/05 to file an answer to the 5th Amended
Complaint. re Amended Complaint [1214]. (This Document Relates to CV02-382 DT
(RCx)(dw, ) (Entered: 01/03/2005)
12/17/2004 1242 STIPULATION AND ORDER Re: Extension of Time For HFS Consultants to Respond to
Fifth Amended Consolidated Class Action Complaint: IT IS SO ORDERED. Extension to
and including 2/28/05. re Amended Complaint [1214].(This Document Relates to CV02-
382 DT (RCx) (dw) (Entered: 01/03/2005)
12/17/2004 1243 STIPULATION AND ORDER Re: CBIZ Valuation Group Inc, CBIZ Accounting Tax &
Advisory Inc and Century Business Services Inc's Response to the Fifth Amended
Consolidated Class Action Complaint by Judge Dickran Tevrizian: IT IS SO ORDERED.
Extension to 2/14/05. re Amended Complaint [1214].(dw, ) (Entered: 01/03/2005)
12/20/2004 1226 STIPULATION For Extension of Time Within Which to File A Response to Class
Plaintiffs Fifth Amended Complaint; Order by Judge Dickran Tevrizian: IT IS SO
ORDERED. The Parties hereby stipulate that Defendant Evan Greenspan is hereby
granted an extension of time within which to respond to Class Plaintiffs' Fifth Amended
Complaint to 2/16/05(dw, ) (This Document relates to CV02-382 DT (RCx) (Entered:
12/28/2004)
12/22/2004 1225 STIPULATION AND ORDER Re Designation of Experts By the Betker Plaintiffs US
Trust Defendants and Bank of New York by Judge Dickran Tevrizian: IT IS ORDERED
AS FOLLOWS: 1) 5/31/05: The Betker Plaintiffs, the US Trust Defendants and Bank of
New York make the initial expert disclosures with reports required by Rule 26(a)(2)(B); 2)
6/30/05: The Parties make any disclosures of rebuttal or impeachment experts along with
reports pursuant to Rule 26(a)(2)(C); 3) 8/1/05: The Parties shall complete all expert
depositions; IT IS FURTHER ORDERED that the Pre-trial Conference is continued to
9/26/2005 at 01:30 PM (This Document relates to CV01-5752 DT (RCx)(dw, ) (Entered:
12/28/2004)
12/22/2004 1228 JOINT EX PARTE APPLICATION to Continue Expert Discovery and Pre-Trial
Conference from 3/28/05 to 9/12/05 filed by Defendants Cbiz Valuation Group Inc, Cbiz
Accounting Tax & Advisory Inc and Century Business Services Inc. and Plaintiffs Russell
and Virginia Betker, et al (This Document Relates to CV01-5752 DT (RCx) Lodged
Order. (dw, ) (Entered: 12/29/2004)
12/22/2004 1230 JOINT EX PARTE APPLICATION to Continue Expert Discovery Relating to the Cbiz
Defendants and the Class Plaintiffs Lodged Order. (This Document Relates to CV02-382
DT (RCx) (dw, ) (Entered: 12/29/2004)
12/22/2004 1231 JOINT EX PARTE APPLICATION to Continue Expert Discovery and Pre-Trial
Conference to 9/12/05 filed by Defendant Jerold V Goldstein and Betker Plaintiffs(This
Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 12/29/2004)
12/27/2004 1229 ORDER on Joint Ex Parte Application to Continue Expert Discovery and Pre-Trial
Conference by Judge Dickran Tevrizian: IT IS HEREBY ORDERED that the Joint Ex
Parte Application to Continue Expert Discovery and Pre-Trial Conference is granted; IT
IS HEREBY ORDERED that the following schedule for expert discovery as to the Parties
as set forth in the Joint Ex Parte Application is approved: 5/31/05: All parties make the
initial expert disclosures required by Rule 26(a)(2)(B); 6/30/05: All parties make any
disclosures of rebuttal or impeachment experts pursuant to Rule 26(a)(2)(C); 8/1/05: All
expert depositions to be completed; IT IS HEREBY ORDERED that the pre-trial
conference in this matter is continued to 9/26/05 at 1:30pm. (This Document Relates to
CV01-5752 DT (RCx)granting [1228] Ex Parte Application to Continue (dw, ) (Entered:
12/29/2004)
12/27/2004 1232 ORDER on Joint Ex Parte Application To Continue Expert Discovery and Pre-Trial
Conference by Judge Dickran Tevrizian: IT IS HEREBY ORDERED that the Ex Parte
Application To Continue Expert Discovery and Pre-Trial Conference is granted. IT IS
HEREBY ORDERED that the following schedule for expert discovery as to the Parties as
set forth in the Joint Ex Parte Application is approved: 5/31/05: All parties make the initial
expert disclosures required by Rule 26(a)(2)(B); 6/30/05: All parties make any disclosures
of rebuttal or impeachment experts pursuant to Rule 26(a)(2)(C); 8/1/05: All expert
depositions to be completed. IT IS HEREBY ORDERED that the pre-trial conference in
this matter is continued to 9/26/05 at 1:30pm. (Granting Joint Ex Parte Application
[1231])(This Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 12/29/2004)
12/27/2004 1233 MINUTES OF PROCEEDINGS:Motion Hearing held before Judge Dickran Tevrizian :
GRANTING MOTION #1 for Approval of Settlement Agreement, Findings of Good
Faith, Apportionment, and Bar Order[1219]. (re: CV 01-5752) Court Reporter: Lori
Muraoka. (pbap, ) (Entered: 12/29/2004)
12/27/2004 1234 ORDER by Judge Dickran Tevrizian GRANTING DEFENDANT HFS CONSULTANTS'
MOTION for Approval of Settlement Agreement, Findings of Good Faith,
Apportionment, and Bar Order [1219]. (re: CV 01-5752)(pbap, ) (Entered: 12/29/2004)
12/27/2004 1235 ORDER by Judge Dickran Tevrizian : Granting [1230] JOINT EX PARTE
APPLICATION to Continue Expert Discovery. ORDERED that the following schedule
for expert discovery as to the Parties, as set forth in the Joint Ex Parte Application, is
approved: 2/14/05: All parties make the initial expert disclosures required by Rule
26(a)(2)(B); 2/21/05: All parties make any disclosure of rebuttal or impeachment experts
pursuant to Rule 26(a)(2)(C); 3/7/05: All expert depositions to be completed. (re: CV 02-
382-DT(RCx) (pbap, ) (Entered: 12/29/2004)
12/27/2004 1236 ORDER by Judge Dickran Tevrizian GRANTING MOTION for Approval of Settlement
Agreement, Findings of Good Faith, Apportionment, and Bar Order [1219]. (re: CV 01-
5752-DT(RCx)(pbap, ) (Entered: 12/29/2004)
12/27/2004 1237 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs Fifth Amended Complaint
filed by Cross-Complainants Donald B Chalker, Cary Medill. Motion set for hearing on
1/31/2005 at 10:00 AM before Honorable Dickran Tevrizian. (dw, ) (Entered: 12/29/2004)
12/27/2004 1238 JOINT EX PARTE APPLICATION to Continue Expert Discovery and Pre-Trial
Conference from 3/28/05 to 9/12/05 filed by Betker Plaintiffs and Defendant O V
Bertolini (dw, ) (Entered: 12/29/2004)
12/28/2004 1239 ORDER GRANTING JOINT EX PARTE APPLICATION TO CONTINUE EXPERT
DISCOVERY AND PRE-TRIAL CONFERENCE by Judge Dickran Tevrizian: IT IS
HEREBY ORDERED that the following schedule for expert discovery as to the Parties as
set forth in the Joint Ex Parte Application is approved: 5/31/05: The Parties make the
initial expert disclosure required by Rule 26(a)(2)(b); 6/30/05: The Parties make any
disclosures of rebuttal or impeachment experts pursuant to Rule 26(a)(2)(C); 8/1/05: All
expert depositions to be completed. IT IS HEREBY ORDERED that the pre-trial
conference in this matter is continued to 9/26/05 at 1:30pm.granting [1238] Ex Parte
Application to Continue (dw, ) (This Document Relates to CV01-5752 DT (RCx)
(Entered: 12/29/2004)
01/03/2005 1244 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates:
12/6/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 01/05/2005)
01/03/2005 1245 TRANSCRIPT filed for proceedings held on 12/6/04. Court Reporter: Lori Muraoka.
(ghap, ) (Entered: 01/05/2005)
01/05/2005 1246 Notice of Withdrawal and Removal from Calendar of Motion to Dismiss Plaintiffs' Fifth
Amended Complaint [1237] filed by defendant Donald B. Chalker. [This document relates
to CV 02-00382 DT (RCx)] (gk, ) (Entered: 01/07/2005)
01/05/2005 1247 Notice of Withdrawal and Removal from Calendar of Motion to Dismiss Plaintiffs' Fifth
Amended Complaint [1237] filed by defendant Cary Medill. [This document relates to CV
02-00382 DT (RCx)] (gk, ) (Entered: 01/07/2005)