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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