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US District Court Civil Docket as of 12/08/1998
U.S. District Court
Southern District of New York
(Foley Square)
CIVIL DOCKET FOR CASE #: 1:98-cv-03309-RWS
Levine v. Nematron Corporation, et al Date Filed: 05/08/1998
Assigned to: Judge Robert W. Sweet Jury Demand: Plaintiff
Demand: $1000000 Nature of Suit: 850
Cause: 15:78m(a) Securities Exchange Act Securities/Commodities
Jurisdiction: Federal Question
Plaintiff
Mark Levine represented by Christopher Lometti
on behalf of himself and all others Schoengold & Sporn, P.C.
similarly situated 233 Broadway
New York, NY 10279
(212) 964-0046
Email: chris@spornlaw.com
LEAD ATTORNEY
Jay Paul Saltzman
Schoengold & Sporn, P.C.
19 Fulton Street, Suite 406
New York, NY 10038
212-964-0046
Fax: 212-267-8137
Email: jay@spornlaw.com
LEAD ATTORNEY
Joel P. Laitman
Schoengold & Sporn, P.C.
233 Broadway
New York, NY 10279
(212)964-0046
LEAD ATTORNEY
Samuel P. Sporn
Schoengold & Sporn, P.C.
233 Broadway
New York, NY 10279
(212) 964-0046
LEAD ATTORNEY
V.
Defendant
Nematron Corporation
Defendant
Frank G. Logan, III
Defendant
David P. Gienapp
Defendant
First Michigan Corporation
Defendant
KPMG Peat Marwick, LLP
Date Filed # Docket Text
05/08/1998 1 CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28
U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 315349 (pl) Modified on
05/11/1998 (Entered: 05/11/1998)
05/08/1998 Magistrate Judge Katz is so Designated. (pl) (Entered: 05/11/1998)
07/07/1998 2 NOTICE OF MOTION by the Levine Group for an order appointing them to serve
as lead plaintiffs in the action and in any actions to be consolidated therewith ; for
an order approving of their selection of the law firm of Schoengold & Sporn, P.C.
as Lead Counsel representing the Class in the actions ; for an order consolidating
for all purposes pursuant to Rule 42(a) of the FRCP before Judge Sweet any and all
pending cases that relate to the same subject matter of the action and all other such
actions that are subsequently filed in this Court or transferred to this Court ; and
entry of [Proposed] Pre-Trial Order No. 1 ; affidavit in support is attached; Return
date 7/29/98. (kw) (Entered: 07/08/1998)
07/07/1998 3 MEMORANDUM by the Levine Group in support of [2-1] motion for an order
appointing them to serve as lead plaintiffs in the action and in any actions to be
consolidated therewith, [2-2] motion for an order approving of their selection of the
law firm of Schoengold & Sporn, P.C. as Lead Counsel representing the Class in
the actions, [2-3] motion for an order consolidating for all purposes pursuant to
Rule 42(a) of the FRCP before Judge Sweet any and all pending cases that relate to
the same subject matter of the action and all other such actions that are
subsequently filed in this Court or transferred to this Court, and [2-4] motion entry
of [Proposed] Pre-Trial Order No. 1. (kw) (Entered: 07/08/1998)
08/10/1998 Memo endorsed on motion; granting [2-1] motion for an order appointing them to
serve as lead plaintiffs in the action and in any actions to be consolidated therewith;
granting [2-2] motion for an order approving of their selection of the law firm of
Schoengold & Sporn, P.C. as Lead Counsel representing the Class in the actions;
granting [2-3] motion for an order consolidating for all purposes pursuant to 42(a)
of the FRCP before Judge Sweet any and all pending cases that relate to the same
subject matter of the action and all other such actions that are subsequently filed in
this Court or transferred to this Court; granting [2-4] motion entry of [Proposed]
Pre-Trial Order No. 1; ( signed by Judge Robert W. Sweet ); Copies mailed. (ls)
(Entered: 08/11/1998)
08/14/1998 4 STIPULATION and ORDER, plaintiff shall file a First Amended Complaint on or
before 9/15/98 ; defendants Nematron Corp. Fran G. Logan III, David P. Gienapp,
First of Michigan Corp., and KPMG Peat Marwick, LLP shall answer or otherwise
move in respect to the Amended Complaint on or before 10/30/98, and need not
respond to plaintiff's original complaint; Defendants will waive service of process ;
discovery shall be stayed through and including 10/30/98. This provision, however,
shall not preclude plaintiff from serving nonparties with subpoenas duces tecum for
the limited purpose of preserving documents and other things w/in such nonparties'
possession and control, provided, however, that plaintiffs shall serve written notice
on such nonparties along with any subpoenas that discovery is stayed and that no
objections or responses are required which discovery is stayed ; plaintiffs shall
serve defendants with copies of all such subpoenas and written notifications (
signed by Judge John G. Koeltl, Part I ). (ae) Modified on 08/17/1998 (Entered:
08/17/1998)
08/26/1998 5 NOTICE OF MOTION by Nematron Corporation, Frank G. Logan III, David P.
Gienapp, First Michigan Corp.; to transfer case and any related cases to the U.S.
District Court for the Eastern District of Michigan, Southern Div. ; Affdvt.
attached; return date 9/16/98 (ls) (Entered: 08/27/1998)
08/26/1998 6 MEMORANDUM by Nematron Corporation, Frank G. Logan III, David P.
Gienapp, First Michigan Corp. in support of [5-1] motion to transfer case and any
related cases to the U.S. District Court for the Eastern District of Michigan,
Southern Div. (ls) (Entered: 08/27/1998)
09/10/1998 7 STIPULATION and ORDER, plaintiff's response to motion reset to 9/24/98 [5-1]
motion to transfer case and any related cases to the U.S. District Court for the
Eastern District of Michigan, Southern Div. ; defendants' reply to response to
motion reset to 10/1/98 [5-1] motion to transfer case and any related cases to the
U.S. District Court for the Eastern District of Michigan, Southern Div. ; return date
reset to 12:00 10/7/98 [5-1] motion to transfer case and related cases to the U.S.
District Court for the Eastern District of Michigan, Southern Div. ; plaintiffs shall
file a First Amended Complaint on or before 10/14/98 ; defendants Nematron
Corp., Frank G. Logan III, David P. Gienapp, First of Michigan, and KPMG Peat
Marwick, LLP shall answer or otherwise move in response to the Amended
Complaint on or before 11/30/98 ; discovery shall be stayed through and including
11/30/98. This provision, however, shall not preclude plaintiff from serving
nonparties with subpoenas duces tecum for the limited purpose of preserving
documents and other things w/in such nonparties' possession and control, provided,
however, that plaintiffs shall serve written notice on such nonparties along with any
such subpoenas that discovery is stayed and that no objection or responses are
required while discovery is stayed ; Plaintiff shall serve Defendants with copies of
all such subpoenas and written notifications ( signed by Judge Robert W. Sweet ).
(ae) (Entered: 09/11/1998)
09/24/1998 8 MEMORANDUM by Mark Levine in opposition to [5-1] motion to transfer case
and any related cases to the U.S. District Court for the Eastern District of Michigan,
Southern Div. (rec'd in the night deposit box on 9/24/98 at 4:57 p.m.) (sac)
(Entered: 09/25/1998)
09/25/1998 9 AFFIDAVIT in support of Joel P. Laitman by Mark Levine Re: [8-1] opposition
memorandum (sac) (Entered: 09/25/1998)
10/01/1998 10 NOTICE OF MOTION by Nematron Corporation, Frank G. Logan III, David P.
Gienapp, and First Michigan Corp. for an order admitting Andrew J. McGuinness,
pursuant to Local Civil Rule 1.3(c) to appear pro hac vice ; affidavit in support is
attached; Return date 10/7/98. (kw) (Entered: 10/05/1998)
10/02/1998 11 REPLY MEMORANDUM by Nematron Corporation, Frank G. Logan III, David
P. Gienapp, First Michigan Corp. re: [5-1] motion to transfer case and any related
cases to the U.S. District Court for the Eastern District of Michigan, Southern Div.
(cd) (Entered: 10/05/1998)
10/05/1998 12 SURREPLY by Mark Levine Re: in oppositionto the motmion of defendants
Nematron Corporation, Frank G. Logan III, David P. Gienapp and First of
Michigan corporation to Transfer Based Upon Forum Non Conveniens (djc)
(Entered: 10/06/1998)
10/09/1998 Memo endorsed on motion; granting [10-1] motion for an order admitting Andrew
J. McGuinness, pursuant to Local Civil Rule 1.3(c) to appear pro hac vice; no
opposition ( signed by Judge Robert W. Sweet ); Copies mailed. (Sent orig. to Atty
Admissions Clerk) (sac) (Entered: 10/13/1998)
10/16/1998 13 Filed Memo-Endorsement on letter to Judge Sweet from Joel P. Laitman dated
10/14/98; approving the following scheduling modificateion; reset pltffs' first
amended complt. due for 10/16/98 ; reset defts' answer to the first amended complt.
due for 12/2/98 for KPMG Peat Marwick, for First Michigan Corp., David P.
Gienapp, for Frank G. Logan III, for Nematron Corporation ; ( signed by Judge
Robert W. Sweet ) (ls) (Entered: 10/16/1998)
10/16/1998 14 AMENDED COMPLAINT by Mark Levine, (Answer due 10/29/98 for KPMG
Peat Marwick, for First Michigan Corp., for David P. Gienapp, for Frank G. Logan
III, and for Nematron Corporation ) amending [1-1] complaint. (kw) (Entered:
10/20/1998)
10/16/1998 14 DEMAND for jury trial by Mark Levine. (kw) (Entered: 10/20/1998)
12/02/1998 15 STIPULATION and ORDER, reset answer to first amended complaint due for
12/23/98 for KPMG Peat Marwick, for First Michigan Corp., for David P. Gienapp,
for Frank G. Logan III, for Nematron Corporation ; If defendants respond by
motion to dismiss, plaintiff shall have until January 25, 1999 to respond, and
defendants shall then have until February 10, 1999 to reply. ( signed by Judge
Robert W. Sweet) (djc) (Entered: 12/03/1998)
12/07/1998 remark by cashiers office on motion for pro hac vice of Andrew J. McGuinnes,
docmt #10 - paid $25 - 332223 on 12/7/98 (djc) (Entered: 12/14/1998)
12/08/1998 16 MEMORANDUM OPINION #81618 granting [5-1] motion to transfer case and
any related cases to the U.S. District Court for the Eastern District of Michigan,
Southern Div. ( Signed by Judge Robert W. Sweet ); Copies mailed. (cd) (Entered:
12/09/1998)
12/08/1998 Interdistrict transfer to the District of Eastern, Michigan ; Sent via Federal Express
AIRBILL #4453034202 on 12/17/98; along with a cover letter and certified docket
entries (cd) (Entered: 12/17/1998)
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