A
,
.
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