Jolly Roger Offshore Fund_ et al. v. _ et al. 07-CV-3923-U.S.
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US District Court Civil Docket as of 10/10/2007
Retrieved from the court Friday, August 08, 2008
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:07-cv-03923-RWS
Jolly Roger Offshore Fund et al v. BKF Capital Group, Inc. et al
Date Filed: May 18, 2007
Status: Closed
Nature of suit: 850 Securities/Commodities
Assigned to: Judge Robert W. Sweet
Cause: 15:78m(a) Securities Exchange Act
Date terminated: Oct. 10, 2007
Jurisdiction: Federal Question
Jury demand: Plaintiff
Parties and Attorneys
Lead Plaintiff Attorneys and Firms
Jolly Roger Funds Christopher J. Keller
Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
(212) 907-0853
Fax: (212) 883-7053
ckeller@labaton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff Attorneys and Firms
Jolly Roger Offshore Fund Christopher J. Keller
Individually Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
(212) 907-0700
Fax: (212) 818-0477
ckeller@labaton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Alan Ian Ellman
Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
(212) 907-0700
Fax: (212) 818-0477
aellman@labaton.com
ATTORNEY TO BE NOTICED
Andrei V. Rado
Labaton Sucharow, LLP
140 Broadway
New York, NY 10005
(212) 907-0700
Fax: (212) 818-0477
arado@labaton.com
ATTORNEY TO BE NOTICED
Lewis Stephen Kahn
Kahn, Gauthier Law Group, L.L.C.
650 Poydras St.
Suite 2150
New Orleans, LA 70130
(504) 455-1400
Fax: (504) 455-1498
ATTORNEY TO BE NOTICED
Michael Andrew Swick
Kahn Gauthier Swick, LLC
12 East 41st Street
12th Floor
New York, NY 10017
(212) 696-3730
Fax: (504) 455-1498
michael.swick@kglg.com
ATTORNEY TO BE NOTICED
Plaintiff Attorneys and Firms
Jolly Roger Fund, LP Christopher J. Keller
Individually and on behalf of all others similarly situated LEAD ATTORNEY
ATTORNEY TO BE NOTICED
(See above for address)
Alan Ian Ellman
(See above for address)
ATTORNEY TO BE NOTICED
Andrei V. Rado
(See above for address)
ATTORNEY TO BE NOTICED
Lewis Stephen Kahn
(See above for address)
ATTORNEY TO BE NOTICED
Michael Andrew Swick
(See above for address)
ATTORNEY TO BE NOTICED
Defendant Attorneys and Firms
BKF Capital Group, Inc. Louis M. Solomon
Proskauer Rose LLP (New York)
1585 Broadway
New York, NY 10036
(212) 969-3200
Fax: (212) 969-2900
lsolomon@proskauer.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Margaret Antinori Dale
Proskauer Rose LLP (New York)
1585 Broadway
New York, NY 10036
(212) 969-3000
Fax: (212) 969-2900
mdale@proskauer.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant Attorneys and Firms
Glenn A. Aigen Blair G. Connelly
Latham & Watkins, LLP
885 Third Avenue, Suite 1000
New York, NY 10022
(212) 906-1658
Fax: (212) 751-4864
blair.connelly@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David M. Brodsky
Latham & Watkins LLP
885 Third Avenue, Suite 1000
New York, NY 10022
(212) 906-1628
Fax: (212) 751-4864
david.brodsky@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robert John Malionek
Latham & Watkins ,LLP
885 Third Avenue, Suite 1000
New York, NY 10022
(212) 906-1816
Fax: (212) 751-4864
robert.malionek@lw.com
ATTORNEY TO BE NOTICED
Defendant Attorneys and Firms
John A. Levin Blair G. Connelly
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
(See above for address)
David M. Brodsky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robert John Malionek
(See above for address)
ATTORNEY TO BE NOTICED
Docket ProceedingsReverse Proceedings
Req # Filed # Docket Text
1 May 18, 2007 1 COMPLAINT against BKF Capital Group, Inc., Glenn A. Aigen, John A.
Levin. (Filing Fee $ 350.00, Receipt Number 616095)Document filed by
Jolly Roger Offshore Fund, Jolly Roger Fund, LP.(tro) Additional
attachment(s) added on 5/21/2007 (Becerra, Maribel). (Entered:
05/21/2007)
2 May 18, 2007 SUMMONS ISSUED as to BKF Capital Group, Inc., Glenn A. Aigen,
John A. Levin. (tro) (Entered: 05/21/2007)
3 May 18, 2007 Magistrate Judge Henry B. Pitman is so designated. (tro) (Entered:
05/21/2007)
4 May 18, 2007 Case Designated ECF. (tro) (Entered: 05/21/2007)
5 May 18, 2007 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate
Parent. Document filed by Jolly Roger Offshore Fund, Jolly Roger Fund,
LP.(tro) Additional attachment(s) added on 5/21/2007 (Becerra, Maribel).
(Entered: 05/21/2007)
6 May 31, 2007 3 AFFIDAVIT OF SERVICE of Summons and Complaint,. BKF Capital
Group, Inc. served on 5/22/2007, answer due 6/11/2007. Service was
accepted by Nancy Navarro, Designated Agent. Document filed by Jolly
Roger Offshore Fund; Jolly Roger Fund, LP. (Keller, Christopher)
(Entered: 05/31/2007)
7 May 31, 2007 4 AFFIDAVIT OF SERVICE of Summons and Complaint,. John A. Levin
served on 5/22/2007, answer due 6/11/2007. Service was accepted by
Dawn Ekbom, a person of suitable age and discretion. Service was made
by Mail. Document filed by Jolly Roger Offshore Fund; Jolly Roger Fund,
LP. (Keller, Christopher) (Entered: 05/31/2007)
8 May 31, 2007 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. Glenn A. Aigen
served on 5/22/2007, answer due 6/11/2007. Service was accepted by
Dawn Ekbom, a person of suitable age and discretion. Service was made
by Mail. Document filed by Jolly Roger Offshore Fund; Jolly Roger Fund,
LP. (Keller, Christopher) (Entered: 05/31/2007)
9 Jul. 17, 2007 6 MOTION For Appointment as Lead Plaintiff and Approval of Selection
of Lead Counsel. Document filed by Jolly Roger Funds.(Keller,
Christopher) (Entered: 07/17/2007)
10 Jul. 17, 2007 7 MEMORANDUM OF LAW in Support re: 6 MOTION For Appointment
as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document
Req # Filed # Docket Text
filed by Jolly Roger Funds. (Keller, Christopher) (Entered: 07/17/2007)
11 Jul. 17, 2007 8 DECLARATION of Alan I. Ellman in Support re: 6 MOTION For
Appointment as Lead Plaintiff and Approval of Selection of Lead
Counsel.. Document filed by Jolly Roger Funds. (Attachments: # 1
Exhibit A.# 2 Exhibit B.# 3 Exhibit C.# 4 Exhibit D.)(Keller, Christopher)
(Entered: 07/17/2007)
12 Jul. 17, 2007 9 CERTIFICATE OF SERVICE. Document filed by Jolly Roger Funds.
(Keller, Christopher) (Entered: 07/17/2007)
13 Jul. 20, 2007 10 NOTICE OF APPEARANCE by Blair G. Connelly on behalf of Glenn A.
Aigen, John A. Levin (Connelly, Blair) (Entered: 07/20/2007)
14 Jul. 20, 2007 11 NOTICE OF APPEARANCE by David M. Brodsky on behalf of Glenn
A. Aigen, John A. Levin (Brodsky, David) (Entered: 07/20/2007)
15 Jul. 20, 2007 12 NOTICE OF APPEARANCE by Robert John Malionek on behalf of
Glenn A. Aigen, John A. Levin (Malionek, Robert) (Entered: 07/20/2007)
16 Jul. 25, 2007 13 NOTICE OF APPEARANCE by Margaret Antinori Dale on behalf of
BKF Capital Group, Inc. (Dale, Margaret) (Entered: 07/25/2007)
17 Jul. 25, 2007 14 NOTICE OF APPEARANCE by Louis M. Solomon on behalf of BKF
Capital Group, Inc. (Solomon, Louis) (Entered: 07/25/2007)
18 Jul. 30, 2007 15 AFFIDAVIT OF SERVICE of Notice of Appearance by Louis M.
Salomon and Margaret A. Dale served on Lewis S. Kahn, Esq on 7/25/07.
Service was made by Mail. Document filed by BKF Capital Group, Inc..
(Dale, Margaret) (Entered: 07/30/2007)
19 Aug. 02, 2007 16 STIPULATION that the time for defendants to answer the complaint is
extended up to and including 60 days after the filing of a superseding or
amended complaint or a lead plaintiff and lead plaintff's counsel are
appointed, and as further set forth in this document. (Signed by Judge
Robert W. Sweet on 7/27/07) (cd) (Entered: 08/03/2007)
20 Aug. 02, 2007 17 ORDER that the motion of plaintiff dated 7/17/07, will be taken on
submission on Wednesday, 8/8/07. (Signed by Judge Robert W. Sweet on
7/25/07) (cd) (Entered: 08/03/2007)
21 Aug. 03, 2007 18 NOTICE of Non-Opposition to the Motion of the Jolly Roger Offshore
Fund LTD and Jolly Roger Fund LP for Appointment as Lead Plaintiff
and Approval of Selection of Lead Counsel re: 6 MOTION For
Appointment as Lead Plaintiff and Approval of Selection of Lead
Counsel.. Document filed by Jolly Roger Funds. (Keller, Christopher)
(Entered: 08/03/2007)
22 Aug. 03, 2007 19 CERTIFICATE OF SERVICE. Document filed by Jolly Roger Funds.
(Keller, Christopher) (Entered: 08/03/2007)
23 Aug. 16, 2007 20 OPINION # 95066 re: 6 MOTION For Appointment as Lead Plaintiff and
Approval of Selection of Lead Counsel filed by Jolly Roger Funds. The
motion of the Jolly Roger Funds to be appointed lead plaintiff is granted
and the Jolly Roger Funds are hereby appointed Lead Plaintiff. In
addition, the motion to approve Labaton Sucharow & Rudoff LLP as lead
counsel is granted and Labaton Sucharow & Rudoff LLP is appointed
Lead Counsel. It is So Ordered. (Signed by Judge Robert W. Sweet on
8/14/07) (jco) Modified on 8/20/2007 (rw). (Entered: 08/17/2007)
24 Sep. 28, 2007 21 NOTICE of Change of Firm Name and Address. Document filed by Jolly
Roger Offshore Fund, Jolly Roger Funds, Jolly Roger Fund, LP. (Keller,
Christopher) (Entered: 09/28/2007)
Req # Filed # Docket Text
25 Oct. 05, 2007 22 NOTICE of Voluntary Dismissal by Plaintiff. Document filed by Jolly
Roger Funds. (Attachments: # 1 Supplement Certficate of
Service)(Bernstein, Joel) (Entered: 10/05/2007)
26 Oct. 09, 2007 23 PRETRIAL ORDER: Pretrial Conference set for 11/7/2007 at 4:30 PM in
Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge
Robert W. Sweet. (Signed by Judge Robert W. Sweet on 10/9/07) (kco)
(Entered: 10/09/2007)
27 Oct. 10, 2007 24 NOTICE OF VOLUNTARY DISMISSAL BY PLAINTIFF: pursuant to
Rule 41(a)(1) of the F.R.C.P., Lead Plaintiff, the Jolly Roger Offshore
Fund LTD and Jolly Roger Fund LP, Hereby voluntarily dismisses this
action without prejudice and without costs. To date, the putative class has
not been certified, none of the adverse parties have served an Answer, and
no party has interposed a motion for summary judgment. (Signed by
Judge Robert W. Sweet on 10/10/2007) (jmi) (Entered: 10/10/2007)
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