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Tony DiFatta, et al. v. Data Systems Network Corporation, et al by trendy3

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

TONY DIFATTA, Plaintiff, Case - v. 98-

ANN

4 .;xT

DATA SYSTEMS NETWORK CORPORATION, MICHAEL W. GRIEVES and PHILIP M. GOY, Defendants.

Hon. John Corbett O'Meara

^._

Magistrate Judge Virginia M. Morgan

JEFFREY P. EMRICH, individually and on behalf of all others similarly situated, Plaintiff, - v. -

Case No.

98-71223

Hon. John Corbett O'Meara Magistrate Judge Virginia M. Morgan

DATA SYSTEMS NETWORK CORPORATION, PHILIP M. GOY and MICHAEL W. GRIEVES,

Defendants.

DAVID L.

RONICK, Plaintiff,
Case No . 98-71644"

- V.

Hon. John Corbett O'Meara Magistrate Judge Virginia M. Morgan

DATA SYSTEMS NETWORK CORPORATION, MICHAEL W. WALTER J. DUSA, GRIEVES, PHILIP M. GOY, ASPATORE and JERRY A.

Defendants.

PRE-TRIAL ORDER NUMBER ONE

II

At a session of this Court, held in the United States Courthouse in Detroit, Michigan on

Present:

The Honorable John Corbett O'Meara United States District Judge

This matter having come before the Court by stipulation of the parties as to paragraphs and 1-10 and of 15-22; by the Motion and for for the

Consolidation

Appointment

Lead

Plaintiffs

Approval of Lead Plaintiffs'

Choice of Counsel,

which was filed on

April 27,

1998 and is unopposed,

as to paragraphs 11-14;

and the

Court being fully advised in the premises:
IT IS HEREBY ORDERED THAT: 1. The above-captioned cases are hereby consolidated for all

purposes before the Honorable John Corbett O'Meara pursuant to Rule
42(a) of the Federal Rules of Civil Procedure and LR 83.11(b)(7)

(hereinafter "the Consolidated Action").
together with all other to actions

The Consolidated Action,
may this subsequently order, shall be be

which of

consolidated pursuant

the provisions

referred to as " In re: Data Systems Network Corporation Securities
Litigation ."
DOCKETING AND FILING

2.

All docket entries

for the Consolidated Action shall be

made

in

the

docket

established
2

for

Case

No.

98-70854

("Master

Docket") Court.

in accordance

with the

procedures

of

the

Clerk of

this

3.

All court papers in the Consolidated Action shall be made
98-70854 ("Master Docket")

in the docket established for Case No.

in accordance with the procedures of the Clerk of this Court.
4. cases All documents previously filed and served to date in the herein are deemed filed and adopted are made

consolidated

part of the record in the Consolidated Action. 5. follows: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN The caption in the Consolidated Action shall be as

IN RE: DATA SYSTEMS NETWORK CORPORATION SECURITIES LITIGATION

CONSOLIDATED MASTER FILE NO. 98-70854

SUBSEQUENTLY FILED AND TRANSFERRED RELATED ACTIONS

6.

If

any other case alleging violation of

the

securities

laws or common law and arising out of the same facts as alleged in

the

Consolidated Action
pursuant to LR

or

otherwise
is

constituting
filed in (a

a

"companion
Court or

case"

83.11(b) (7)

this

transferred to this

Court

from another court

"related case"),

the Clerk shall:
3

a.

File a copy of this Order in the separate file for

the related case; b. Mail a copy of this Order to counsel for plaintiffs

in the related case; c. Mail a copy of this order to counsel for each

defendant in the related case not already a party to any case then included in In and re: Data Systems Network Corporation Securities

Litigation ;

d.
7. to the

Make an appropriate entry in the Master Docket.

The Court requests the assistance of counsel in calling attention of the Clerk the filing or transfer of any

companion case which might be properly consolidated as part of In re: Data Systems Network Corporation Securities Litigation pursuant to the provisions of this Order. 8. The Court shall consolidate any newly filed or

transferred related case with the Consolidated Action as set forth below, and newly filed or transferred actions shall be treated as

"tag-along cases." 9. to All discovery taken in the Consolidated Action will apply filed and consolidated tag-along cases and the

subsequently

parties will not be required to repeat discovery already undertaken in the Consolidated Action.
4

APPLICATION OF ORDER TO SUBSEQUENT CASES

10. action Court,

This

Order

shall filed

apply in this

to

each

substantially or transferred

related to this

subsequently

Court

except as provided in this paragraph.

Upon the filing or

service of a complaint that a party to this consolidated action or named in such complaint believes to be substantially related, any

party may move for the subsequently-filed action's reassignment to the judge presiding over this Consolidated Action. sua sponte , The Court or

the Clerk may,

issue a notice of proposed reassignment

and consolidation under the terms of this Order.
motion for reassignment and consolidation,

Notice of any

and of any reassignment shall be given in

or consolidation proposed by the Court or the Clerk,

to all parties to this Consolidated Action and to all parties the subsequently-filed action by first class mail. filed action that automatically Consolidated terms of this

A subsequently-

is the subject of such a notice shall be deemed to to the be judge then presiding herewith (30) days over under of the this this date

reassigned Action and

consolidated

order unless,

within thirty

such notice was mailed,

objection to the proposed reassignment and A party need not answer or

consolidation is filed with the Clerk.

otherwise plead in a substantially related action prior to thirty (30) days after determination by the Court 5 that such case not be

consolidated with this action.

APPOINTMENT OF LEAD PLAINTIFFS AND LEAD COUNSEL

11.

The Press Release issued by counsel

for plaintiff in the

DiFatta

action

is

found

to

be

in

compliance

with

Section

21D(a)(3)(A)(i)

of the Securities Exchange Act of 1934,

as amended ("PSLRA").

by the Private Securities Litigation Reform Act of 1995 15 U.S.C. 12. § 78u-4 (a) (3) (A) (i) . one motion for appointment of Lead

Only

Plaintiffs, 15

pursuant to the provisions of Section 21D(a)(3)(B) U.S.C. § 78u-4(a)(3)(B), has been filed.

of the PSLRA,

The Court hereby appoints

the

following

group

of

persons

as

Lead

Plaintiffs

in

the

Consolidated Action: Charles Altman Dolores E. Andersen Sezgey Bzyhhosnevsky Joren Carlson
Debra Carlson James M. Cerretani Emrich P.C. Tony DiFatta Jeffrey P. David A. F.P. Goldberg,

Krumenacher

C. Krumenacher J. Krumenacher Radha K. Kuchirhotla Michael Mao
William J. R. L. Pritzker Pritzker Nelson

6

•

^f

r

n^'

S.

Pritzker Ronick Steele

Sreenivasulu Raja David L. Michael

Elaine Weismann

13. shall be

The an

Court

further orders Committee

that

Lead Plaintiffs' of the law

counsel firms of

Executive

comprised

Goodkind Labaton Rudoff & Sucharow LLP
LLP ("Wolf Popper"),

("Goodkind"),

Wolf Popper,

Abbey Gardy & Squitteri LLP and Hanzman Criden & Heise, P.A., with Goodkind and Wolf Popper

Korge Chaykin Ponce

serving as Co-Chairs; and Liaison Counsel for Lead Plaintiffs shall
be the firm of Miller Faucher Cafferty and Wexler LLP.

14.

The Co-Chairs of the Executive Committee shall have the and duties, to be carried out either

following responsibilities

personally or through designated counsel: a. To initiate, brief and argue motions and prepare,

serve and file opposing briefs parties;

in proceedings

initiated by other

b.
plan for trial; c. d. e.

To coordinate plaintiffs`

pretrial

activities and

To initiate and conduct discovery proceedings; To act as spokespersons at pretrial conferences; To negotiate with defense counsel with respect to

settlement and other matters;
7

f. appropriate; g.

To

call

meetings

of

plaintiffs'

counsel

when

To

conduct

all

pre-trial,

trial

and

post-trial

proceedings;
h. i. other To consult with and employ experts; To perform as such they other deem duties and undertake or such in

responsibilities

necessary

desirable and

connection with the prosecution of the Consolidated Action; j. defendants'

To coordinate and communicate with plaintiffs' counsel and the Court, with respect to

and

matters

addressed in this paragraph.
15. shall be No motion, initiated request for discovery or pretrial proceeding or responded to on behalf of any plaintiff

except

by

the

Co-Chairs

of

the

Executive

Committee

through

Plaintiffs' 16.

Liaison Counsel. Co-Chairs of the Executive Committee shall be the

The

contact between plaintiffs'

counsel and defendants' counsel.

counsel as well

as the spokespersons for plaintiffs'

The Co-Chairs of the

Executive

Committee

shall

have

the

authority

to

speak

for

all

plaintiffs in matters regarding pretrial procedure and settlement negotiations. 17. Plaintiffs' Liaison Counsel 8 shall be available and

responsible distribution Court.

for communications to counsel of

to and from this Court, and other directions

including from the for the

orders

Plaintiffs'

Liaison Counsel

shall be responsible

creation and maintenance of a master service list of all parties

and their respective counsel.
18. with the Defendants' Co-Chairs Counsel and counsel of the may rely upon all agreements or made

Executive agreements

Committee shall be

Plaintiffs' on the

Liaison

such

binding

plaintiffs.
SERVICE OF PLEADINGS AND OTHER PAPERS

19.

Defendants

shall

effect

service

of

all

moving

and

responding papers on plaintiffs by serving a copy of same on the

Co-Chairs

of

the

Executive

Committee

and

Liaison

Counsel

by:

overnight delivery service; hand delivery; or facsimile followed by regular United States Mail, shall effect service of unless otherwise moving and agreed. Plaintiffs papers on

all

responding

defendants ' or

counsel by: followed

overnight delivery service ; hand delivery; by regular United States Mail, unless

facsimile

otherwise agreed.

20.

Where a single pleading, motion or other paper directed is filed by defendants, the response likewise
or other paper filed

to all plaintiffs

shall be made in a single pleading, 9

response,

on

behalf

of

all

plaintiffs

by

the

Co-Chairs

of

the

Executive

Committee

through Plaintiffs'

Liaison Counsel,

and all plaintiff

shall be bound thereby.
CONSOLIDATED COMPLAINT AND RESPONSES THERETO

21. Complaint Defendants Complaint

Plaintiffs

shall

serve

a

Consolidated

Class

Action 1998.

("Consolidated Complaint") shall on or answer before or otherwise 18,

on or before July 10, plead to the

Consolidated need the not

August

1998. filed

Defendants in each of

respond to the

complaints

heretofore

cases

consolidated by this Order.
PRESERVATION OF EVIDENCE

22.
to the

At all times before defendants'
Consolidated Complaint,

answer or otherwise plead
shall treat all

defendants

documents,

data compilations

(including electronically recorded and custody of the

stored data), or control

and tangible objects that are in defendants' and that are as relevant to the allegations

Consolidated Action, request for

if they were the subject of a continuing of documents from plaintiffs under the

production

Federal Rules of Civil

Procedure.

10

IT IS SO ORDERED. Dated:

lr, lPFB^
norable John Corbett O'Meara ited States District Judge

11


								
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