US Court Civil Docket as of 02/06/2008 Retrieved from the court on Thursday, April 03, 2008
U.S. District Court Eastern District of Texas (Texarkana) CIVIL DOCKET FOR CASE #: 5:02-cv-00003-DF
Walker, et al v. Rent-A-Center, et al
Date Filed: Status: Nature of suit: Demand: Assigned to: Cause: Date terminated: Jurisdiction: Jury demand: Jan. 04, 2002 Closed 850 Securities/Commodities $0 Judge David Folsom 15:78m(a) Securities Exchange Act Feb. 06, 2008 Federal Question Plaintiff
Parties and Attorneys
Plaintiff Terry Walker Individually and on behalf of all others similarly situated Attorneys and Firms Bradley Earl Beckworth Nix Patterson & Roach-Daingerfield 205 Linda Drive Daingerfield, TX 75638 (903) 645-7333 Fax: (903) 645-4415 bbeckworth@nixlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Clifford S Goodstein Milberg Weiss Bershad - New York One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 Fax: (212) 868-1229 cgoodstein@milbergweiss.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Miarmi Milberg Weiss Bershad - New York One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 Fax: (212) 868-1229 mmiarmi@milbergweiss.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Brian C Kerr
Milberg Weiss Bershad - New York One Pennsylvania Plaza New York, NY 10119-0165 (212) 594-5300 bkerr@milbergweiss.com ATTORNEY TO BE NOTICED Jeffrey John Angelovich Nix Patterson & Roach-Daingerfield 205 Linda Drive Daingerfield, TX 75638 (903) 645-7333 Fax: (903) 645-2172 jangelovich@nixlawfirm.com Sean Fletcher Rommel Patton Roberts McWIlliams & Capshaw-Texarkana PO Box 6128 Texarkana, TX 75505 (903) 334-7000 Fax: (903) 334-7007 srommel@pattonroberts.com ATTORNEY TO BE NOTICED Richard Andrew Adams Patton Roberts McWIlliams & Capshaw-Texarkana PO Box 6128 Texarkana, TX 75505 (903) 334-7000 Fax: (903) 334-7007 radams@pattonroberts.com ATTORNEY TO BE NOTICED Plaintiff Joan C Comeau TERMINATED: 04/28/2006 Attorneys and Firms Jeffrey John Angelovich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Andrew Adams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bradley Earl Beckworth (See above for address) Brian C Kerr (See above for address) ATTORNEY TO BE NOTICED George L McWilliams P O Box 58 Texarkana, TX 75504
(903) 277-0098 glmranch@gmail.com TERMINATED: 05/22/2007 Sean Fletcher Rommel (See above for address) ATTORNEY TO BE NOTICED Plaintiff Elizabeth Bergbower Attorneys and Firms Clifford S Goodstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey John Angelovich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Miarmi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Andrew Adams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bradley Earl Beckworth (See above for address) Brian C Kerr (See above for address) ATTORNEY TO BE NOTICED George L McWilliams (See above for address) TERMINATED: 05/22/2007 Sean Fletcher Rommel (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Jeffrey John Angelovich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Andrew Adams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bradley Earl Beckworth (See above for address) Brian C Kerr
Plaintiff Mark Rice TERMINATED: 04/28/2006
(See above for address) ATTORNEY TO BE NOTICED George L McWilliams (See above for address) TERMINATED: 05/22/2007 Sean Fletcher Rommel (See above for address) ATTORNEY TO BE NOTICED Plaintiff Brad Bulloch TERMINATED: 04/28/2006 Attorneys and Firms Jeffrey John Angelovich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Andrew Adams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bradley Earl Beckworth (See above for address) Brian C Kerr (See above for address) ATTORNEY TO BE NOTICED George L McWilliams (See above for address) TERMINATED: 05/22/2007 Sean Fletcher Rommel (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Clifford S Goodstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Miarmi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Emerson Bilek Hoeffner & Bilek, LLP Suite 1302 Houston, TX 77002 (713) 227-7720 Fax: (713) 227-9404 tbilek@hb-legal.com 1000 Louisiana LEAD ATTORNEY
Consol Plaintiff Chaim Klein
ATTORNEY TO BE NOTICED Consol Plaintiff John Farrar Attorneys and Firms Clifford S Goodstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J Miarmi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Andrew Adams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED George L McWilliams (See above for address) TERMINATED: 05/22/2007 Sean Fletcher Rommel (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Frank G Jones Fulbright & Jaworski L.L.P. Houston Fulbright Tower 1301 McKinney, Ste. 5100 Houston, TX 77010 (713) 651-5473 Fax: (713) 651-5246 fjones@fulbright.com TERMINATED: 09/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Nicholas H Patton Patton Tidwell & Schroeder, LLP 4605 Texas Blvd PO Box 5398 Texarkana, TX 75505-5398 (903) 792-7080 Fax: (903) 792-8233 nickpatton@texarkanalaw.com TERMINATED: 09/30/2003 ATTORNEY TO BE NOTICED Attorneys and Firms Frank G Jones
Defendant Rent-A-Center TERMINATED: 09/30/2003
Defendant J Ernest Talley
TERMINATED: 09/30/2003
(See above for address) TERMINATED: 09/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) TERMINATED: 09/30/2003 ATTORNEY TO BE NOTICED Attorneys and Firms Frank G Jones (See above for address) TERMINATED: 09/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne Marie Rodgers Fulbright & Jaworski-Houston 1301 McKinney Suite 5100 Houston, TX 77010-3095 (713) 651-3797 Fax: (713) 651-5246 arodgers@fulbright.com ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) TERMINATED: 09/30/2003 ATTORNEY TO BE NOTICED Attorneys and Firms Frank G Jones (See above for address) TERMINATED: 09/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) TERMINATED: 09/30/2003 ATTORNEY TO BE NOTICED Attorneys and Firms Frank G Jones (See above for address) TERMINATED: 09/30/2003 LEAD ATTORNEY
Defendant Mitchell E Fadel TERMINATED: 09/30/2003
Defendant Robert D Davis TERMINATED: 09/30/2003
Defendant Mark E Speese TERMINATED: 09/30/2003
ATTORNEY TO BE NOTICED Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) TERMINATED: 09/30/2003 ATTORNEY TO BE NOTICED Defendant Michael Craig Talley Independent Co-Executors of the Estate of J Ernest Talley Attorneys and Firms Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Darryl Wade Anderson Fulbright & Jaworski-Houston 1301 McKinney Suite 5100 Houston, TX 77010-3095 (713) 651-6652 danderson@fulbright.com ATTORNEY TO BE NOTICED Frank G Jones (See above for address) Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Darryl Wade Anderson (See above for address) ATTORNEY TO BE NOTICED Frank G Jones (See above for address) Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Darryl Wade Anderson (See above for address) ATTORNEY TO BE NOTICED
Defendant Mark Andrew Talley Co-Executor of the Estate of J Ernest Talley
Defendant Matthew Talley Co-Executor of the Estate of J Ernest Talley
Frank G Jones (See above for address) Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Defendant Robert D Davis TERMINATED: 09/30/2003 Attorneys and Firms Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Darryl Wade Anderson (See above for address) ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED
Defendant Mitchell E Fadel TERMINATED: 09/30/2003
Defendant Rent-A-Center, Inc.
Defendant Mark E Speese TERMINATED: 09/30/2003 Defendant Robert D Davis TERMINATED: 09/30/2003 Defendant Mitchell E Fadel TERMINATED: 09/30/2003 Defendant Mark E Speese TERMINATED: 09/30/2003
Consol Defendant Rent-A-Center TERMINATED: 09/30/2003
Attorneys and Firms Frank G Jones (See above for address) TERMINATED: 09/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Frank G Jones (See above for address) TERMINATED: 09/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Frank G Jones (See above for address) TERMINATED: 09/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Darryl Wade Anderson (See above for address) ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Frank G Jones (See above for address) TERMINATED: 09/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne Marie Rodgers
Consol Defendant J Ernest Talley TERMINATED: 09/30/2003
Consol Defendant Mitchell E Fadel TERMINATED: 09/30/2003
Consol Defendant Robert D Davis TERMINATED: 09/30/2003
(See above for address) ATTORNEY TO BE NOTICED Darryl Wade Anderson (See above for address) ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Consol Defendant Mark E Speese TERMINATED: 09/30/2003 Attorneys and Firms Frank G Jones (See above for address) TERMINATED: 09/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Anne Marie Rodgers (See above for address) ATTORNEY TO BE NOTICED Darryl Wade Anderson (See above for address) ATTORNEY TO BE NOTICED Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Richard Andrew Adams (See above for address) TERMINATED: 10/10/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bradley Earl Beckworth (See above for address) TERMINATED: 10/10/2002 ATTORNEY TO BE NOTICED George L McWilliams (See above for address) TERMINATED: 10/10/2002 Jeffrey John Angelovich (See above for address) TERMINATED: 10/10/2002 Sean Fletcher Rommel (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Richard Andrew Adams
Movant Joan C Comeau TERMINATED: 10/10/2002
Movant Elizabeth Bergbower
TERMINATED: 10/10/2002
(See above for address) TERMINATED: 10/10/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bradley Earl Beckworth (See above for address) TERMINATED: 10/10/2002 ATTORNEY TO BE NOTICED George L McWilliams (See above for address) TERMINATED: 10/10/2002 Jeffrey John Angelovich (See above for address) TERMINATED: 10/10/2002 Sean Fletcher Rommel (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Richard Andrew Adams (See above for address) TERMINATED: 10/10/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bradley Earl Beckworth (See above for address) TERMINATED: 10/10/2002 ATTORNEY TO BE NOTICED George L McWilliams (See above for address) TERMINATED: 10/10/2002 Jeffrey John Angelovich (See above for address) TERMINATED: 10/10/2002 Sean Fletcher Rommel (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Richard Andrew Adams (See above for address) TERMINATED: 10/10/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bradley Earl Beckworth (See above for address) TERMINATED: 10/10/2002 ATTORNEY TO BE NOTICED
Movant Brad Bulloch TERMINATED: 10/10/2002
Movant Mark Rice TERMINATED: 10/10/2002
George L McWilliams (See above for address) TERMINATED: 10/10/2002 Jeffrey John Angelovich (See above for address) TERMINATED: 10/10/2002 Sean Fletcher Rommel (See above for address) ATTORNEY TO BE NOTICED Defendant Lehman Brothers Holding, Inc. TERMINATED: 07/25/2005 Attorneys and Firms Damon Michael Young Young Pickett & Lee 4122 Texas Blvd PO Box 1897 Texarkana, TX 75504-1897 (903) 794-1303 Fax: (903) 792-5098 dyoung@youngpickettlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Martine M Beamon Davis Polk & Wardwell 450 Lexington Avenue 30th Floor New York, NY 10017 (212) 450-4429 Fax: (212) 450-3262 mbeamon@dpw.com ATTORNEY TO BE NOTICED Michael P Carroll Davis Polk & Wardwell 450 Lexington Avenue 30th Floor New York, NY 10017 (212) 450-4429 Fax: (212) 450-3262
Consol Defendant L Dowell Arnette TERMINATED: 07/24/2003 Consol Defendant Laurence M Berg TERMINATED: 07/25/2005 Attorneys and Firms Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED
Consol Defendant Peter P Copses TERMINATED: 07/25/2005
Attorneys and Firms Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Nicholas H Patton (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Damon Michael Young (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Martine M Beamon (See above for address) ATTORNEY TO BE NOTICED Michael P Carroll (See above for address) Attorneys and Firms Damon Michael Young (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Martine M Beamon (See above for address) ATTORNEY TO BE NOTICED Michael P Carroll (See above for address) Attorneys and Firms Damon Michael Young (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael P Carroll (See above for address)
Consol Defendant J.V. Lentell TERMINATED: 07/25/2005
Consol Defendant Morgan Stanley Dean Witter Co TERMINATED: 07/25/2005
Consol Defendant Bear, Stearns, Co TERMINATED: 07/25/2005
Consol Defendant Robinson Humphrey Co TERMINATED: 07/25/2005
Docket ProceedingsReverse Proceedings
Req # 1 2 3 Filed Jan. 04, 2002 Jan. 04, 2002 Jan. 04, 2002 # 1 Docket Text Original Complaint filed. Cause: 15:0078m(a) Securities Exchange Act (mpv) (Entered: 01/07/2002) Demand for jury trial by Terry Walker (mpv) (Entered: 01/07/2002) Filing Fee Paid; FILING FEE $ 150.00 RECEIPT # 96630 (mpv)
Req # 4 5 6 7 8 9 10 11 12
Filed Jan. 07, 2002 Jan. 07, 2002 Feb. 13, 2002 Feb. 13, 2002 Feb. 13, 2002 Feb. 13, 2002 Feb. 13, 2002 Feb. 28, 2002 Mar. 04, 2002 7 2 3 4 5 6
#
13
Mar. 05, 2002
8
14
Mar. 18, 2002
9
15
Oct. 10, 2002
10
Docket Text (Entered: 01/07/2002) Summons(es) issued for Rent-A-Center, J Ernest Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese (mpv) (Entered: 01/07/2002) Magistrate consent forms mailed to Terry Walker . (mpv) (Entered: 01/07/2002) Return of service executed as to Rent-A-Center via certified mail 2/1/02 Answer due on 2/21/02 for Rent-A-Center (sm) (Entered: 02/13/2002) Return of service executed as to Robert D Davis via certified mail 2/1/02 Answer due on 2/21/02 for Robert D Davis (sm) (Entered: 02/13/2002) Return of service executed as to J Ernest Talley via certified mail 2/1/02 Answer due on 2/21/02 for J Ernest Talley (sm) (Entered: 02/13/2002) Return of service executed as to Mitchell E Fadel via certified mail 2/1/02 Answer due on 2/21/02 for Mitchell E Fadel (sm) (Entered: 02/13/2002) Return of service executed as to Mark E Speese via certified mail 2/7/02 Answer due on 2/27/02 for Mark E Speese (sm) (Entered: 02/13/2002) Agreed Preliminary Scheduling Order forwarded to Judge Folsom (mpv) (Entered: 02/28/2002) AGREED PRELIMINARY SCHEDULING ORDER (a) Pla shall have 45 days from the date of appointment of lead Pla to file a consolidated amended complaint; (b) Dfts are not required to move, answer or otherwise respond to any complaints currently pending, and will only be required to move, answer or otherwise respond to any complaints currently pending, and will only be required to move, answer or otherwise respond to an amended consolidated complaint; (c) the date by which Dfts must move, answer or otherwise respond to an amended consolidated complaint shall be extended until and through 45 days after the date on which such amended consolidated complaint is filed with the Court; (d) Pla will the have 45 days to respond to dfts' motion, answer ot other response to the amended consolidated complaint. Dfts will when have 30 days to reply to Pla's response. ( signed by Judge David Folsom ) cc: pty attys of record 3/5/02 (mpv) (Entered: 03/05/2002) MOTION by Joan C Comeau, Elizabeth Bergbower, Brad Bulloch, Mark Rice to consolidate cases 5:02cv3, 5:02cv11, and 5:02cv42 , appointment as lead Pla , and approval of selection of lead and liaison counsel (mpv) (Entered: 03/06/2002) Response by Rent-A-Center, J Ernest Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese to [8-1] motion to consolidate cases 5:02cv3, 5:02cv11, and 5:02cv42, [8-2] motion appointment as lead Pla, [8-3] motion approval of selection of lead and liaison counsel (mpv) (Entered: 03/18/2002) ORDER granting [8-1] motion to consolidate cases 5:02cv3, 5:02cv11, and 5:02cv42 5:02-cv-3 with member cases 5:02-cv-11, 5:02-cv-42, granting [8-2] motion appointment as lead Pla, granting [8-3] motion approval of selection of lead and liaison counsel. The Lead Case shall be 5:02-cv-3, Walker v Rent-a-Center. Joan C Comeau, Elizabeth Bergbower, Brad Bulloch and Mark Rice are hereby appointed Lead Plaintiff for the class pursuant to section 21D of the Securities Exchange Act of 1934. The law firms of Milberg Weiss Bershad Haynes & Learch LLP and Nix Patterson & Roach LLP are appointed as Lead Counsel. The
Req #
Filed
#
16
Nov. 25, 2002
11
17
Dec. 11, 2002
12
18
Jan. 07, 2003
13
19
Jan. 10, 2003
14
20 21
Jan. 21, 2003 Feb. 03, 2003
15 16
22
Feb. 05, 2003
17
23
Feb. 07, 2003
18
24
Feb. 07, 2003
19
25
Feb. 07, 2003
20
Docket Text law firm of Patton Haltom Roberts McWilliams & Greer LLP is hereby appointed Liaison Counsel ( signed by Judge David Folsom ) cc: pty attys of record 10/10/02 (mpv) (Entered: 10/10/2002) Amended complaint/Consolidated Class Action Complaint by Terry Walker in 5:02-cv-00003, Chaim Klein in 5:02-cv-00003, Joan C Comeau in 5:02-cv-00003, Elizabeth Bergbower in 5:02-cv-00003, Mark Rice in 5:02-cv-00003, Brad Bulloch in 5:02-cv-00003, (Answer due 12/5/02 for Mark E Speese, for Robert D Davis, for Mitchell E Fadel, for J Ernest Talley, for Rent-A-Center ) amending [1-1] complaint adding dfts L Dowell Arnette, Laurence M Berg, Peter P Copses, J.V. Lentell, Morgan Stanley Dean, Bear, Stearns, Co, Lehman Bro Holding, Robinson Humphrey to case(s) 5:02-cv-00003, (sm) (Entered: 11/26/2002) SECOND Amended CONSOLIDATED complaint by Terry Walker in 5:02-cv-00003, (Answer due 12/23/02 for Lehman Bro Holding, for Mark E Speese, for Robert D Davis, for Mitchell E Fadel, for J Ernest Talley, for Rent-A-Center ) amending [11-1] amended complaint (sm) (Entered: 12/12/2002) Unopposed MOTION by Rent-A-Center in 5:02-cv-00003, J Ernest Talley in 5:02-cv-00003, Mitchell E Fadel in 5:02-cv-00003, Robert D Davis in 5:02-cv-00003, Mark E Speese in 5:02-cv-00003, C Comeau in 5:02-cv-00003 to extend time to answer or otherwise respond up to and including 2/3/03 (mpv) (Entered: 01/07/2003) ORDER granting [13-1] motion to extend time to answer or otherwise respond up to and including 2/3/03 ( signed by Judge David Folsom ) cc: pty attys of record 1/10/03 (mpv) (Entered: 01/10/2003) Stipulation to extend time for dft's answer or response up to and including 2/19/03 (mpv) (Entered: 01/21/2003) Unopposed MOTION by Rent-A-Center in 5:02-cv-00003, J Ernest Talley in 5:02-cv-00003, Mitchell E Fadel in 5:02-cv-00003, Robert D Davis in 5:02-cv-00003, Mark E Speese in 5:02-cv-00003, Laurence M Berg in 5:02-cv-00003, Peter P Copses in 5:02-cv-00003, J.V. Lentell in 5:02-cv-00003 to extend time regarding date to answer or otherwise respond (mpv) (Entered: 02/04/2003) ORDER granting [16-1] motion to extend time regarding date to answer or otherwise respond ORDERED that Dfts will have until 2/7/03, to answer or otherwise respond. ( signed by Judge David Folsom ) cc: pty attys of record 2/5/03 (mpv) (Entered: 02/05/2003) MOTION by Laurence M Berg in 5:02-cv-00003, Peter P Copses in 5:02cv-00003, J.V. Lentell in 5:02-cv-00003 to dismiss because the statute of limitations has run on Pla's claims as to the Later Added Director Dfts (mpv) Modified on 02/10/2003 (Entered: 02/10/2003) MOTION by Rent-A-Center in 5:02-cv-00003, J Ernest Talley in 5:02-cv00003, Mitchell E Fadel in 5:02-cv-00003, Robert D Davis in 5:02-cv00003, Mark E Speese in 5:02-cv-00003 to transfer case to Sherman Division (mpv) (Entered: 02/10/2003) MOTION with brief in support by Rent-A-Center in 5:02-cv-00003, J Ernest Talley in 5:02-cv-00003, Mitchell E Fadel in 5:02-cv-00003, Robert D Davis in 5:02-cv-00003, Mark E Speese in 5:02-cv-00003 to dismiss (mpv) (Entered: 02/10/2003)
Req # 26
Filed Feb. 19, 2003
# 21
27
Feb. 27, 2003
22
28
Feb. 28, 2003
23
29 30
Feb. 28, 2003 Feb. 28, 2003 24
31 32
Feb. 28, 2003 Mar. 05, 2003 25
33
Mar. 10, 2003
26
34
Mar. 18, 2003
27
35
Mar. 18, 2003
28
Docket Text MOTION by Morgan Stanley Dean in 5:02-cv-00003, Bear, Stearns, Co in 5:02-cv-00003, Lehman Bro Holding in 5:02-cv-00003, Robinson Humphrey in 5:02-cv-00003 to dismiss the second amended class action complaint (mpv) (Entered: 02/21/2003) Joint MOTION by Terry Walker in 5:02-cv-00003, Rent-A-Center in 5:02-cv-00003, Joan C Comeau in 5:02-cv-00003, Elizabeth Bergbower in 5:02-cv-00003, Mark Rice in 5:02-cv-00003, Bulloch in 5:02-cv00003, John Farrar in 5:02-cv-00003, Morgan Stanley Dean in 5:02-cv00003, Bear, Stearns, Co in 5:02-cv-00003, Lehman Bro Holding in 5:02cv-00003, Humphrey in 5:02-cv-00003 for entry of a briefing schedule (mpv) (Entered: 02/28/2003) Application by Morgan Stanley Dean in 5:02-cv-00003, Bear, Stearns, Co in 5:02-cv-00003, Lehman Bro Holding in 5:02-cv-00003 for Martine M Beamon to appear PHV. (mpv) (Entered: 03/04/2003) PHV Filing Fee paid by atty Martine M Beamon; PHV FILING FEE $ 25.00 RECEIPT # 98518 (mpv) (Entered: 03/04/2003) Application by Morgan Stanley Dean in 5:02-cv-00003, Bear, Stearns, Co in 5:02-cv-00003, Lehman Bro Holding in 5:02-cv-00003, Robinson Humphrey in 5:02-cv-00003 for Michael P Carroll to appear PHV (mpv) (Entered: 03/04/2003) PHV Filing Fee paid by atty Michael P Carroll; PHV FILING FEE $ 25.00 RECEIPT # 98518 (mpv) (Entered: 03/04/2003) ORDER granting [22-1] motion for entry of a briefing schedule in 5:02cv-00003. Therefore, it is hereby ORDERED, ADJUDGED, and DECREED that the Plas' response to the Underwriter Dfts' Motion to Dismiss shall be filed by the close of business on 4/14/03. It is furhter ORDERED that the Underwriter Dfts' reply breif in support of their motion to dismiss shall be filed by the close of business on 5/21/03. ( signed by Judge David Folsom ) cc: pty attys of record 3/5/03 (mpv) (Entered: 03/05/2003) Notice by Terry Walker in 5:02-cv-00003, Chaim Klein in 5:02-cv-00003, Joan C Comeau in 5:02-cv-00003, Elizabeth Bergbower in 5:02-cv00003, Mark Rice in 5:02-cv-00003, Brad Bulloch in 5:02-cv-00003 of change of address of Atty Corey D Holzer (mpv) (Entered: 03/10/2003) ORDER, Motion hearing set for 10:00 6/26/03 for [21-1] motion to dismiss the second amended class action complaint, set for 10:00 6/26/03 for [20-1] motion to dismiss, set for 10:00 6/26/03 for [19-1] motion to transfer case to Sherman Division, set for 10:00 6/26/03 for [18-1] motion to dismiss because the statute of limitations has run on Pla's claims as to the Later Added Director Dfts The Pla's and Dft's will each have 30 minutes for argument. ( signed by Judge David Folsom ) cc: pty attys of record 3/18/03 (mpv) (Entered: 03/18/2003) Fax noticing receipt of Order #27 to attorney Damon Young for consolidated defendant Robinson Humphrey in 5:02-cv-00003, Frank G. Jones for consolidated defendant Mark E Speese in 5:02-cv-00003, Richard Andrew Adams for consolidated plaintiff John Farrar in 5:02-cv00003, Bradley Earl Beckworth for plaintiff Brad Bulloch in 5:02-cv00003, Jeffrey John Angelovich for plaintiff Brad Bulloch in 5:02-cv00003, Thomas Emerson Bilek for consolidated plaintiff Chaim Klein in
Req #
Filed
#
36
Mar. 19, 2003
29
37
Mar. 20, 2003
30
38 39
Apr. 11, 2003 Apr. 14, 2003
31 32
40
Apr. 14, 2003
33
41
Apr. 16, 2003
34
42
May 21, 2003
35
43
May 21, 2003
36
44
May 21, 2003
37
45
May 21, 2003
38
Docket Text 5:02-cv-00003, Nicholas H Patton for defendant Mark E Speese in 5:02cv-00003 3/18/03 various times. (mpv) (Entered: 03/18/2003) JOINT MOTION by Terry Walker in 5:02-cv-00003, Rent-A-Center in 5:02-cv-00003, J Ernest Talley in 5:02-cv-00003, Mitchell E Fadel in 5:02-cv-00003, Robert D Davis in 5:02-cv-00003, Mark E Speese in 5:02cv-00003, L Dowell Arnette in 5:02-cv-00003, Laurence M Berg in 5:02cv-00003, Peter P Copses in 5:02-cv-00003 for entry of a briefing schedule (mpv) (Entered: 03/19/2003) ORDER granting [29-1] motion for entry of a briefing schedule ORDERED, ADJUDGED, and DECREED that the Plas' response to the Rent-A-Center Dfts' motion to dismiss shall be filed by the close of business on 4/14/03. It is further ORDERED that the Rent-A-Center Dfts' reply brief in support of their motion to dismiss shall be filed by the close of business on 3/21/03. ( signed by Judge David Folsom ) cc: pty attys of record 3/20/03 (sealed) (Entered: 03/20/2003) Response by Terry Walker in 5:02-cv-00003 to [19-1] motion to transfer case to Sherman Division (sm) (Entered: 04/11/2003) Response/opposition by Terry Walker in 5:02-cv-00003, Chaim Klein in 5:02-cv-00003, Joan C Comeau in 5:02-cv-00003, Elizabeth Bergbower in 5:02-cv-00003, Mark Rice in 5:02-cv-00003, Bulloch in 5:02-cv00003, John Farrar in 5:02-cv-00003 to [21-1] motion to dismiss the second amended class action complaint, [18-1] motion to dismiss because the statute of limitations has run on Pla's claims as to the Later Added Director Dfts (mpv) (Entered: 04/14/2003) Response by Terry Walker in 5:02-cv-00003, Chaim Klein in 5:02-cv00003, Joan C Comeau in 5:02-cv-00003, Elizabeth Bergbower in 5:02cv-00003, Mark Rice in 5:02-cv-00003, Brad Bulloch in 5:02-cv-00003 to [20-1] motion to dismiss (mpv) (Entered: 04/14/2003) Supplemental Reply by Terry Walker in 5:02-cv-00003, Chaim Klein in 5:02-cv-00003, Joan C Comeau in 5:02-cv-00003, Elizabeth Bergbower in 5:02-cv-00003, Mark Rice in 5:02-cv-00003, Bulloch in 5:02-cv-00003 to response to [19-1] motion to transfer case to Sherman Division (mpv) (Entered: 04/16/2003) Reply by Morgan Stanley Dean in 5:02-cv-00003, Bear, Stearns, Co in 5:02-cv-00003, Lehman Bro Holding in 5:02-cv-00003, Robinson Humphrey in 5:02-cv-00003 to response to [21-1] motion to dismiss the second amended class action complaint (mpv) (Entered: 05/21/2003) Reply by Laurence M Berg in 5:02-cv-00003, Peter P Copses in 5:02-cv00003, J.V. Lentell in 5:02-cv-00003 to response to [18-1] motion to dismiss because the statute of limitations has run on Pla's claims as to the Later Added Director Dfts (mpv) (Entered: 05/21/2003) Reply by Rent-A-Center in 5:02-cv-00003, J Ernest Talley in 5:02-cv00003, Mitchell E Fadel in 5:02-cv-00003, Robert D Davis in 5:02-cv00003, Mark E Speese in 5:02-cv-00003 to response to [20-1] motion to dismiss (mpv) (Entered: 05/21/2003) Reply by Rent-A-Center in 5:02-cv-00003, J Ernest Talley in 5:02-cv00003, Mitchell E Fadel in 5:02-cv-00003, Robert D Davis in 5:02-cv00003, Mark E Speese in 5:02-cv-00003 to response to [19-1] motion to transfer case to Sherman Division (mpv) (Entered: 05/21/2003)
Req # 46 47
Filed Jun. 10, 2003 Jun. 24, 2003
# 39 40
48
Jun. 26, 2003
41
49 50
Jul. 03, 2003 Jul. 08, 2003
42 43
51
Jul. 16, 2003
44
52
Jul. 24, 2003
45
53
Jul. 31, 2003
46
54
Aug. 08, 2003
47
55
Aug. 14, 2003
48
Docket Text Suggestion of death of L Dowell Arnette in 5:02-cv-00003 filed by RentA-Center in 5:02-cv-00003 (mpv) (Entered: 06/11/2003) Notice of Decision by Morgan Stanley Dean in 5:02-cv-00003, Bear, Stearns, Co in 5:02-cv-00003, Lehman Bro Holding in 5:02-cv-00003, Robinson Humphrey in 5:02-cv-00003 (mpv) (Entered: 06/24/2003) Minutes Re: [21-1] motion to dismiss the second amended class action complaint, [20-1] motion to dismiss, [19-1] motion to transfer case to Sherman Division, [18-1] motion to dismiss because the statute of limitations has run on Pla's claims as to the Later Added Director Dfts by Judge David Folsom on 6/26/03 (Ct rep/ECRO: Libby Crawford) (mrm) (Entered: 06/26/2003) Suggestion of death of J Ernest Talley in 5:02-cv-00003 filed by Rent-ACenter in 5:02-cv-00003 (mpv) (Entered: 07/07/2003) Response/notice of decision in further support of its opposition by Terry Walker in 5:02-cv-00003 to [21-1] motion to dismiss the second amended class action complaint, motion to dismiss, [19-1] motion to transfer case to Division, [18-1] motion to dismiss because the statute of limitations has run on Pla's claims as to the Later Added Director Dfts (mpv) (Entered: 07/08/2003) Transcript of Dfts' motion to transfer and and motion to dismiss held before Judge David Folsom on 6/26/03 filed . Court Reporter: Libby Crawford ( 45 pages) (mpv) (Entered: 07/16/2003) ORDER OF DISMISSAL WITH PREJUDICE adopting death suggestion [39-1] of L Dowell Arnette. It is therefore, ORDERED that Plas' claims against L Dowell Arnette are DISMISSED WITH PREJUDICE. ( signed by Judge David Folsom ) cc: pty attys of record 7/24/03 (mpv) (Entered: 07/24/2003) Originally Named and Later Added Director Dfts Citation of Recent Authority in support of Motions to Dismiss filed by Dfts with exhibits A B (sm) (Entered: 07/31/2003) MOTION/Stipulation and agreement by Terry Walker in 5:02-cv-00003, Rent-A-Center in 5:02-cv-00003, J Ernest Talley in 5:02-cv-00003, Mitchell E Fadel in 5:02-cv-00003, Robert D Davis in 5:02-cv-00003, Mark E Speese in 5:02-cv-00003, Chaim Klein in 5:02-cv-00003, Rent-ACenter in 5:02-cv-00003, J Ernest Talley in 5:02-cv-00003, Mitchell E Fadel in 5:02-cv-00003, Joan C Comeau in 5:02-cv-00003, Elizabeth Bergbower in 5:02-cv-00003, Mark Rice in 5:02-cv-00003, Brad Bulloch in 5:02-cv-00003, John Farrar in 5:02-cv-00003, Robert D Davis in 5:02cv-00003, Mark E Speese in 5:02-cv-00003, L Dowell Arnette in 5:02-cv00003, Laurence M Berg in 5:02-cv-00003, Peter P Copses in 5:02-cv00003, J.V. Lentell in 5:02-cv-00003, Morgan Stanley Dean in 5:02-cv00003, Bear, Stearns, Co in 5:02-cv-00003, Lehman Bro Holding in 5:02cv-00003, Robinson Humphrey in 5:02-cv-00003 To substitute parties and service of process, pleadings, discovery and correspondence on substituted parties (mpv) (Entered: 08/11/2003) ORDER granting [47-1] motion To substitute parties and service of process, pleadings, discovery and correspondence on substituted parties. The parties to this Stipulation request that the Court enter an order: That Michael Craig Talley, Mark Andrew Talley and Matthew Talley, be
Req #
Filed
#
56
Aug. 20, 2003
49
57
Aug. 28, 2003
50
58
Sep. 29, 2003
51
59
Sep. 30, 2003
52
Docket Text sugstituted as party Dfts in their capacity as the Independent CoExecutors of the Estate of J. Ernest Talley; That the Second Amended Consolidated Complaint previously filed against all Dfts in this case shall be deem filed and served upon Michael Craig Talley, Mark Andrew Talley and Matthew Talley, as Independent Co-Executors of the Estate of J Ernest Talley and that the any and all motions previously filed by or on behalf of J Ernest Talley in this matter shall be deemed filed as to and on behalf of Michael Craig Talley, Mark Andrew Talley and Matthew Talley, as Independent Co-Executors of the Estate of J Ernest Talley; and That all future pleadings, discovery, correspondence and related matters in this case may be served upon Michael Craig Talley, Mark Andrew Talley and Matthew Talley, as Independent Co-Executors of the Estate of J Ernest Talley by and through Ms Anne Rogers and/or Mr Nick Patton. The Court finds that the Stipulation and Agreement are well-taken and should be and is hereby GRANTED in all things. ( signed by Judge David Folsom ) cc: pty attys of record 8/15/03 (mpv) Modified on 08/15/2003 (Entered: 08/15/2003) Second Notice by Terry Walker in 5:02-cv-00003, Chaim Klein in 5:02cv-00003, John Farrar in 5:02-cv-00003 of decision in further support of its opposition to the motions to dismiss filed by the Underwriter and Director Dfts. (mpv) (Entered: 08/21/2003) Response by Morgan Stanley Dean in 5:02-cv-00003, Bear, Stearns, Co in 5:02-cv-00003, Lehman Bro Holding in 5:02-cv-00003, Robinson Humphrey in 5:02-cv-00003 to [49-1] Second Notice of decision (mpv) (Entered: 08/28/2003) ORDER denying [19-1] motion to transfer case to Sherman Division. Carefully considering all of the relevant factors, the Court concludes that Dft has not carried its heavy burden of showing the interest of justice and the convenience of the witnesses and parties will be better served by transferring this action to the Sherman Div. Accordingly, the Court is of the opinion that Dfts' motion to transfer venue pursuant to 28 USC 1404(b) should be DENIED. ( signed by Judge David Folsom ) cc: pty attys of record 9/30/03 (mpv) Modified on 09/30/2003 (Entered: 09/30/2003) ORDER dismissing WITHOUT PREJUDICE [21-1] motion to dismiss the second amended class action complaint, granting without prejudice [20-1] motion to dismiss under the Private Securities Litigation Reform Act of 1995, FRCP 12(b)(6), and FRCP 9(b) and the Claims against these Dfts are DISMISSED without prejudice, dismissing WITHOUT PREJUDICE [18-1] motion to dismiss because the statute of limitations has run on Pla's claims as to the Later Added Director Dfts. ORDERS that should the Pla wish to replead, the following deadlines shall be in effect: Amended Complaint shall be filed 60 days of the filing date of this Order; Motions to for failure to State a Claim shall be filed within 30 days of the service date of the Amended Complaint; Responses shall be filed within 10 days of the service date of the Motions to Dismiss Replies shall be filed within 5 days of the service date of the Responses. ( signed by Judge David Folsom ) cc: pty attys of record 9/30/03 (mpv) Modified on 09/30/2003 (Entered: 09/30/2003)
Req # 60
Filed Oct. 01, 2003
# 53
61
Oct. 09, 2003
54
62
Oct. 24, 2003
55
63
Oct. 24, 2003
56
64
Oct. 30, 2003
57
65
Jan. 26, 2004
58
66
Feb. 12, 2004
59
67
Mar. 03, 2004
60
68
Mar. 20, 2004
61
69
Jun. 07, 2004
62
Docket Text Fax noticing receipt of Order #52 to attorney Nicholas H Patton for defendant Matthew Talley in 5:02-cv-00003, Frank G. Jones for defendant Matthew Talley in 5:02-cv-00003, Anne M Rodgers for defendant Matthew Talley in 5:02-cv-00003, Damon Young for consolidated defendant Robinson Humphrey in 5:02-cv-00003, Richard Andrew Adams for consolidated plaintiff John Farrar in 5:02-cv-00003, Bradley Earl Beckworth for plaintiff Brad Bulloch in 5:02-cv-00003, Jeffrey John Angelovich for plaintiff Brad Bulloch in 5:02-cv-00003, Thomas Emerson Bilek for consolidated plaintiff Chaim Klein in 5:02-cv00003 10/1/03 various times. (mpv) (Entered: 10/01/2003) MOTION by Terry Walker in 5:02-cv-00003, Chaim Klein in 5:02-cv00003, Joan C Comeau in 5:02-cv-00003, Elizabeth Bergbower in 5:02cv-00003, Mark Rice in 5:02-cv-00003, Brad Bulloch in 5:02-cv-00003, John Farrar in 5:02-cv-00003 for reconsideration of portions of [52-1] order , to modify/coordinate pleading schedule (mpv) (Entered: 10/10/2003) Response by Rent-A-Center in 5:02-cv-00003, Laurence M Berg in 5:02cv-00003, Peter P Copses in 5:02-cv-00003, J.V. Lentell in 5:02-cv00003, Michael Craig Talley in 5:02-cv-00003, Mark Andrew Talley in 5:02-cv-00003, Matthew Talley in 5:02-cv-00003 to [54-1] motion for reconsideration of portions of [52-1] order (mpv) (Entered: 10/27/2003) Response by Morgan Stanley Dean in 5:02-cv-00003, Bear, Stearns, Co in 5:02-cv-00003, Lehman Bro Holding in 5:02-cv-00003, Robinson Humphrey in 5:02-cv-00003 to [54-1] motion for reconsideration of portions of [52-1] order on Dfts' motions to dismiss and motion to coordinate pleading schedule (mpv) (Entered: 10/27/2003) Reply by Terry Walker in 5:02-cv-00003, Chaim Klein in 5:02-cv-00003, Joan C Comeau in 5:02-cv-00003, Elizabeth Bergbower in 5:02-cv00003, Mark Rice in 5:02-cv-00003, Brad Bulloch in 5:02-cv-00003, John Farrar in 5:02-cv-00003 to response to [54-1] motion for reconsideration of portions of [52-1] order (mpv) (Entered: 10/30/2003) Response/Citation of Recent Authority supporting opposition by Rent-ACenter in 5:02-cv-00003, J Ernest Talley in 5:02-cv-00003, Mitchell E Fadel in 5:02-cv-00003, Robert D Davis in 5:02-cv-00003, Mark E Speese in 5:02-cv-00003, Laurence M Berg in 5:02-cv-00003, Peter P Copses in 5:02-cv-00003, J.V. Lentell in 5:02-cv-00003 to [55-1] motion response (Motions for reconsideration) (mpv) (Entered: 01/26/2004) NOTICE OF RECENT AUTHORITY by Elizabeth Bergbower, Brad Bulloch, Joan C Comeau, John Farrar, Chaim Klein, Mark Rice, Terry Walker (mpv, ) (Entered: 02/17/2004) RESPONSE to 59 Notice of Recent Authority by Bear, Stearns, Co, Lehman Brothers Holding, Inc., Morgan Stanley Dean Witter Co, Robinson Humphrey Co. (mpv, ) (Entered: 03/04/2004) RESPONSE to Motion/SECOND Citation of Recent Authority Supporting opposition re 54 Motion for ReconsiderationMotion to Amend/CorrectMotion to Amend/Correct filed by Laurence M Berg, Peter P Copses, Robert D Davis, Mitchell E Fadel, J.V. Lentell, Rent-ACenter, Mark E Speese, J Ernest Talley. (sm, ) (Entered: 05/03/2004) ORDER denying 54 Motion for Reconsideration, granting in part and
Req #
Filed
#
70
Jul. 07, 2004
63
71
Jul. 08, 2004
64
72
Jul. 22, 2004
65
73
Jul. 23, 2004
66
74
Aug. 23, 2004
67
75
Aug. 23, 2004
68
76
Aug. 23, 2004
70
77
Aug. 24, 2004
69
78
Aug. 24, 2004
71
Docket Text denying in part 54 Motion to Amend/Correct. If Pla chooses to replead it s Complaint, it shall do so within 30 days of the date of entry of this Order. . Signed by Judge David Folsom on 4/4/04. (mpv, ) (Entered: 06/08/2004) THIRD AMENDED CONSOLIDATED CLASS ACTION COMPLAINT against all defendants, filed by Elizabeth Bergbower, Brad Bulloch, Joan C Comeau, John Farrar, Chaim Klein, Mark Rice, Terry Walker. (Cover Sheet, Table of contents, pages 1-30) (Attachments: # 1 Supplement Page 31-59# 2 Supplement Page 60-89# 3 Supplement Page 90-Exhibit B (Remainder of document))(mpv, ) (Entered: 07/08/2004) CERTIFICATE OF SERVICE by Elizabeth Bergbower, Brad Bulloch, Joan C Comeau, John Farrar, Chaim Klein, Mark Rice, Terry Walker re 63 Amended Complaint, forwarded to counsel of record on 7/8/04. (mpv, ) (Entered: 07/09/2004) MOTION for Extension of Time to File Answer re 63 THIRD Amended Complaint, by Bear, Stearns, Co, Laurence M Berg, Peter P Copses, Lehman Brothers Holding, Inc., J.V. Lentell, Morgan Stanley Dean Witter Co, Mark Andrew Talley, Matthew Talley, Michael Craig Talley. (Attachments: # 1 Text of Proposed Order)(mpv, ) (Entered: 07/23/2004) ORDER granting 65 Motion for Extension of Time to Answer re 63 Amended Complaint, Bear, Stearns, Co answer due 8/23/2004; Laurence M Berg answer due 8/23/2004; Peter P Copses answer due 8/23/2004; Lehman Brothers Holding, Inc. answer due 8/23/2004; J.V. Lentell answer due 8/23/2004; Morgan Stanley Dean Witter Co answer due 8/23/2004; Robinson Humphrey Co answer due 8/23/2004; Mark Andrew Talley answer due 8/23/2004; Matthew Talley answer due 8/23/2004. . Signed by Judge David Folsom on 7/23/04. (mpv, ) (Entered: 07/26/2004) MOTION for Leave to File Excess Pages by Robert D Davis, Mitchell E Fadel, Rent-A-Center, Mark E Speese, J Ernest Talley. (Attachments: # 1 Tendered Motion to Dismiss# 2 Tendered Exhibits A - B# 3 Tendered Exhibits C- F# 4 Tendered Exhibits G - I# 5 # 6 Tendered Exhibits N - R# 7 Tendered Exhibits S - X# 8 Tendered Exhibits Y - AB# 9 Tendered Exhibits AC - AH# 10 Text of Proposed Order)(Patton, Nicholas) (Entered: 08/23/2004) ANSWER to Amended Complaint Later Added Director Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint by Laurence M Berg, Peter P Copses, J.V. Lentell. (Attachments: # 1 Text of Proposed Order)(Patton, Nicholas) Modified on 8/24/2004 (sm, ) CONTACTED ATTY TO CORRECT THIS DOCUMENT THAT WAS FILED INCORRECTLY. Modified on 8/24/2004 (sm, ). (Entered: 08/23/2004) MOTION to Dismiss The Third Amended Class Action Complaint by Underwriter Dfts Bear, Stearns, Co, Lehman Brothers Holding, Inc., Morgan Stanley Dean Witter Co, Robinson Humphrey Co. (Attachments: # 1 Text of Proposed Order)(sm, ) (Entered: 08/24/2004) MOTION to Dismiss Replaces Document #68 which was incorrectly filed by Laurence M Berg, Peter P Copses, J.V. Lentell. (Attachments: # 1 Text of Proposed Order)(Patton, Nicholas) (Entered: 08/24/2004) ORDER granting 67 Motion for Leave to File motion to dismiss in Excess Pages . Signed by Judge David Folsom on 8/24/2004. (sm, ) (Entered: 08/24/2004)
Req # 79
Filed Aug. 25, 2004
# 72
80
Sep. 20, 2004
73
81 82
Sep. 20, 2004 Sep. 21, 2004 74
83
Sep. 22, 2004
75
84
Sep. 29, 2004
85
Oct. 06, 2004
76
86
Oct. 06, 2004
77
87
Oct. 06, 2004
78
88 89 90
Oct. 07, 2004 Oct. 07, 2004 Oct. 07, 2004 79 80
Docket Text MOTION to Dismiss Originally Named Defendants' Motion to Dismiss Third Amended Consolidated Class Action Complaint and Brief in Support by Robert D Davis, Mitchell E Fadel, Rent-A-Center, Mark E Speese, J Ernest Talley. (Attachments: # 1 Exhibits A - B# 2 Exhibits C F# 3 Exhibits G - I# 4 Exhibits J - M# 5 Exhibits N - R# 6 Exhibits S - X# 7 Exhibits Y - AB# 8 Exhibits AC - AH# 9 Text of Proposed Order)(Patton, Nicholas) (Entered: 08/25/2004) APPLICATION to Appear Pro Hac Vice by Attorney Brian C Kerr for Joan C Comeau; Mark Rice; Terry Walker; Elizabeth Bergbower and Brad Bulloch. (sm, ) (Entered: 09/21/2004) Pro Hac Vice Filing fee paid by Brian Kerr; Fee: $25, receipt number: 103585 (sm, ) (Entered: 09/21/2004) MOTION for Extension of Time to File Response/Reply to all Defendants' Motions to Dismiss Third Amended Complaint. (Attachments: # 1 Text of Proposed Order)(Adams, Richard) (Entered: 09/21/2004) ORDER granting 74 Motion for Extension of Time to File Response/Reply re 72 MOTION to Dismiss Originally Named Defendants' Motion to Dismiss Third Amended Consolidated Class Action Complaint and Brief in Support Responses due by 10/6/2004 Replies due by 10/11/2004.. Signed by Judge David Folsom on 9/22/04. (mrm, ) (Entered: 09/22/2004) Notified Attorney, Anne M Rodgers, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. (sm, ) (Entered: 09/29/2004) RESPONSE to Motion re 70 MOTION to Dismiss filed by Terry Walker. (Attachments: # 1 Exhibit 1 (pages 1-12)# 2 Exhibit 1 (pages 13-26)# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Angelovich, Jeffrey) (Entered: 10/06/2004) RESPONSE to Motion re 69 MOTION to Dismiss Replaces Document #68 which was incorrectly filed filed by Terry Walker. (Attachments: # 1 Exhibit 1 (pages 1-12)# 2 Exhibit 1 (page 12-26)# 3 Exhibit 2)(Angelovich, Jeffrey) (Entered: 10/06/2004) IGNORE THIS DOCUMENT, EXCEEDS PAGE LIMIT- RESPONSE to Motion re 72 MOTION to Dismiss Originally Named Defendants' Motion to Dismiss Third Amended Consolidated Class Action Complaint and Brief in Support filed by Terry Walker. (Attachments: # 1 Part 2# 2 Exhibit # 3 Exhibit)(Adams, Richard) Modified on 10/7/2004 (sm, ). (Entered: 10/06/2004) ***FILED IN ERROR - EXCEEDS PAGE LIMIT. Document # 78, Response to Motion. PLEASE IGNORE.*** (sm, ) (Entered: 10/07/2004) MOTION for Leave to File Excess Pages by Terry Walker. (Attachments: # 1 Text of Proposed Order)(Adams, Richard) (Entered: 10/07/2004) IGNORE THIS DOCUMENT - FILED IN ERROR - RESPONSE in Opposition re 72 MOTION to Dismiss Originally Named Defendants' Motion to Dismiss Third Amended Consolidated Class Action Complaint and Brief in Support with exhibits filed by Terry Walker. (Attachments: # 1 Part 2# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B)(Adams, Richard)
Req # 91
Filed Oct. 07, 2004
#
92
Oct. 12, 2004
81
93
Oct. 12, 2004
82
94
Oct. 13, 2004
83
95
Oct. 13, 2004
84
96
Oct. 13, 2004
85
97
Oct. 19, 2004
86
98
Oct. 19, 2004
87
99
Oct. 19, 2004
100
Oct. 19, 2004
88
Docket Text Modified on 10/7/2004 (sm, ). (Entered: 10/07/2004) ***FILED IN ERROR DUE TO CANNOT BE FILED UNTIL #79 IS RULED UPON DUE TO EXCEEDS PAGE LIMIT. Document # 80, Response to Motion. PLEASE IGNORE.*** (sm, ) (Entered: 10/07/2004) MOTION for Extension of Time to File Response/Reply as to 76 Response to Motion, 77 Response to Motion by Bear, Stearns, Co, Laurence M Berg, Peter P Copses, Lehman Brothers Holding, Inc., J.V. Lentell, Morgan Stanley Dean Witter Co, Robinson Humphrey Co. (Attachments: # 1 Text of Proposed Order)(Young, Damon) (Entered: 10/12/2004) ORDER granting 79 Motion for Leave to File Excess Pages. ORDERED, ADJUDGED AND DECREED that Pla shall have leave to file his response to Originally Named Dfts' motions to dismiss third amended consolidated class action complaint to Dfts' motions to dismiss . Signed by Judge David Folsom on 10/12/04. (mpv, ) (Entered: 10/13/2004) RESPONSE in Opposition re 72 MOTION to Dismiss Originally Named Defendants' Motion to Dismiss Third Amended Consolidated Class Action Complaint and Brief in Support filed by Terry Walker. (Attachments: # 1 Part 2# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B)(Adams, Richard) (Entered: 10/13/2004) NOTICE by Terry Walker Certificate of Service of Plaintiffs' Response to Originally Named Defendants' Motion to Dismiss Third Amended Consolidated Class Action Complaint (Adams, Richard) (Entered: 10/13/2004) MOTION for Extension of Time to File Response/Reply as to 83 Response in Opposition to Motion, Unopposed Motion to Extend Time for Defendants to Reply to Lead Plaintiffs' Response to the Later Added Defendants' Motion to Dismiss the Third Amended Consolidated Class Action Complaint by Mitchell E Fadel, Rent-A-Center, Mark E Speese, J Ernest Talley. (Attachments: # 1 Text of Proposed Order)(Patton, Nicholas) (Entered: 10/13/2004) ORDER granting 85 Motion for Extension of Time to File Response/Reply to the Later Added Dfts' motion to dismiss the Third Amended Consolidated Class Action Complaint. Replies due by 11/15/2004.. Signed by Judge David Folsom on 10/15/04. (mpv, ) (Entered: 10/19/2004) ORDER granting 81 Motion for Extension of Time to File Response/Reply re 70 MOTION to Dismiss the Third Amended Complaint. Replies due by 11/15/2004.. Signed by Judge David Folsom on 10/15/04. (mpv, ) (Entered: 10/19/2004) ***FILED IN ERROR. Document # 87, Agreed Order. PLEASE IGNORE. WRONG DOCUMENT ATTACHED SEE #88 for correct Document*** (mpv, ) (Entered: 10/19/2004) ***REPLACES DOCUMENT #87 WHICH HAD WRONG ORDER ATTACHED***ORDER re 81 MOTION for Extension of Time to File Response/Reply as to 76 Response to Motion, 77 Response to Motion filed by Laurence M Berg, Peter P Copses, J.V. Lentell, Morgan Stanley Dean Witter Co, Bear, Stearns, Co, Lehman Brothers Holding, Inc., Robinson Humphrey Co. Reply deadline set for 11/15/04. Signed by
Req # 101
Filed Nov. 15, 2004
# 89
102
Nov. 15, 2004
90
103
Nov. 15, 2004
91
104
Nov. 17, 2004
92
105
Nov. 17, 2004
93
106
Nov. 18, 2004
94
107
Nov. 18, 2004
95
108
Nov. 18, 2004
96
109
Nov. 18, 2004
97
110
Dec. 08, 2004
98
111
Mar. 02, 2005
99
112
Mar. 29, 2005
100
Docket Text Judge David Folsom on 10/15/04. (mpv, ) (Entered: 10/19/2004) MOTION for Leave to File Excess Pages to File its Reply Memo of Law in Further Support of the Underwriter Defendants' Motion to Dismiss the Third Amended Class Action Complaint by Bear, Stearns, Co, Lehman Brothers Holding, Inc., Morgan Stanley Dean Witter Co, Robinson Humphrey Co. (Attachments: # 1 Text of Proposed Order)(Young, Damon) (Entered: 11/15/2004) MOTION for Leave to File Excess Pages by Robert D Davis, Mitchell E Fadel, Rent-A-Center, Mark E Speese, J Ernest Talley, Mark Andrew Talley, Matthew Talley, Michael Craig Talley. (Attachments: # 1 Text of Proposed Order # 2 Reply Brief)(Patton, Nicholas) (Entered: 11/15/2004) MOTION for Leave to File Excess Pages by Laurence M Berg, Peter P Copses, J.V. Lentell. (Attachments: # 1 Text of Proposed Order # 2 Reply Brief)(Patton, Nicholas) (Entered: 11/15/2004) ORDER granting 89 Motion for Leave to File its Reply Memorandum of Law in Further Support of the Underwriter Dfts Motion to Dismiss the Third Amended Class Action Complaint in Excess Pages . Signed by Judge David Folsom on 11/16/04. (mrm, ) (Entered: 11/17/2004) REPLY to Response to Motion re 70 MOTION to Dismiss in Support of the Underwriter Defendants' Motion to Dismiss the Third Amended Class Action Complaint filed by Bear, Stearns, Co, Lehman Brothers Holding, Inc., Morgan Stanley Dean Witter Co, Robinson Humphrey Co. (Lee, Lance) (Entered: 11/17/2004) ORDER granting 90 Motion for Leave to File Plaintiff's Response to their Motion to Dismiss in Excess Pages . Signed by Judge David Folsom on 11/17/04. (mrm, ) (Entered: 11/18/2004) ORDER granting 91 Motion for Leave to File Reply to Plaintiff's Response to their Motion to Dismiss in Excess Pages . Signed by Judge David Folsom on 11/17/04. (mrm, ) (Entered: 11/18/2004) REPLY to Response to Motion re 18 Motion to Dismiss Later Added Director Defendants' Reply to Response to Motion to Dismiss filed by Laurence M Berg, Peter P Copses, J.V. Lentell. (Patton, Nicholas) (Entered: 11/18/2004) REPLY to Response to Motion re 72 MOTION to Dismiss Originally Named Defendants' Motion to Dismiss Third Amended Consolidated Class Action Complaint and Brief in Support filed by Robert D Davis, Mitchell E Fadel, Rent-A-Center, Mark E Speese, J Ernest Talley. (Patton, Nicholas) (Entered: 11/18/2004) NOTICE by Laurence M Berg, Peter P Copses, J.V. Lentell re 69 MOTION to Dismiss Replaces Document #68 which was incorrectly filed Notice of Supplemental Authority in Support of Later Added Director Defendants' Motion to Dismiss (Attachments: # 1 Exhibit A)(Patton, Nicholas) (Entered: 12/08/2004) AFFIDAVIT in Support re 20 Motion to Dismiss Originally Named Defendants' Citation of Recent Authority Supporting Motion to Dismiss filed by Rent-A-Center, J Ernest Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese. (Attachments: # 1 Exhibit A)(Patton, Nicholas) (Entered: 03/02/2005) NOTICE by Morgan Stanley Dean Witter Co, Bear, Stearns, Co, Lehman
Req #
Filed
#
113
Mar. 31, 2005
101
114
Apr. 14, 2005
102
115
Apr. 27, 2005
103
116
May 03, 2005
104
117
Jul. 25, 2005
105
118
Jul. 25, 2005
106
119
Aug. 08, 2005
107
120
Aug. 09, 2005
108
Docket Text Brothers Holding, Inc., Robinson Humphrey Co of Recent Authority in Further Support of the Underwriter Defendants' Motion to Dismiss the Third Amended Class Action Complaint (Attachments: # 1 Exhibit A: pages 1-6# 2 Exhibit A: pages 7-13)(Young, Damon) (Entered: 03/29/2005) ORDER Setting Hearing on Motion 69 MOTION to Dismiss Replaces Document #68 which was incorrectly filed, 70 MOTION to Dismiss, 72 MOTION to Dismiss Originally Named Defendants' Motion to Dismiss Third Amended Consolidated Class Action Complaint and Brief in Support: Motion Hearing set for 4/14/2005 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. The parties shall have 10 minutes per side for motions (1) and (2) to be heard at the same time and 20 minutes per side for motion (3). Signed by Judge David Folsom on 3/31/05. (mrm, ) (Entered: 03/31/2005) Minute Entry for proceedings held before Judge David Folsom : Motion Hearing held on 4/14/2005 re 72 MOTION to Dismiss Originally Named Defendants' Motion to Dismiss Third Amended Consolidated Class Action Complaint and Brief in Support filed by Robert D Davis,, Rent-ACenter,, J Ernest Talley,, Mitchell E Fadel,, Mark E Speese,, 69 MOTION to Dismiss Replaces Document #68 which was incorrectly filed filed by Laurence M Berg,, Peter P Copses,, J.V. Lentell,, 70 MOTION to Dismiss filed by Morgan Stanley Dean Witter Co,, Bear, Stearns, Co,, Lehman Brothers Holding, Inc.,, Robinson Humphrey Co,. (Court Reporter Libby Crawford.) (mrm, ) (Entered: 04/14/2005) TRANSCRIPT of Proceedings (Hearing on motions) held on April 14, 2005 before Judge David Folsom. Court Reporter: Libby Crawford. (sm, ) (Entered: 04/27/2005) NOTICE by Terry Walker of Decision in Plotkin v.IPaxess, Inc., 2005 WL926974, 5th Cir. Tx. 4/21/05 (Attachments: # 1 Exhibit Ex. A Plotkin v. IPaxess Inc.)(Adams, Richard) (Entered: 05/03/2005) ORDER ON ORIGINALLY NAMED DEFENDANTS' MOTION TO DISMISS THIRD AMENDED CONSOLIDATED CLASS ACTION COMPLAINT; granting in part and denying in part 72 Motion to Dismiss; The Court further ORDERS the portions of the TAC that refer to dfts alleged misstatements or omissions of overtime wages are struck . Signed by Judge David Folsom on 7/25/05. (mrm, ) (Entered: 07/25/2005) ORDER ON DEFENDANTS' MOTIONS TO DISMISS THIRD AMENDED CONSOLIDATED CLASS ACTION COMPLAINT; granting 69 Motion to Dismiss, granting 70 Motion to Dismiss; The court further ORDERS that plfs claims against these dfts are DISMISSED WITH PREJUDICE . Signed by Judge David Folsom on 7/25/05. (mrm, ) (Entered: 07/25/2005) MOTION for Extension of Time to File Answer re 63 Amended Complaint, by Rent-A-Center, Michael Craig Talley, Mark Andrew Talley, Matthew Talley, J Ernest Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese. (Attachments: # 1 Text of Proposed Order)(Patton, Nicholas) (Entered: 08/08/2005) ORDER granting 107 Motion for Extension of Time to Answer re 63 Amended Complaint; Accordingly, it is ORDERED that dfts are granted
Req #
Filed
#
121
Aug. 15, 2005
109
122
Aug. 17, 2005
110
123
Aug. 18, 2005
124
Aug. 18, 2005
111
125
Aug. 19, 2005
112
126
Aug. 30, 2005
113
127
Sep. 08, 2005
114
128
Sep. 12, 2005
115
129
Sep. 21, 2005
116
130
Oct. 20, 2005
117
Docket Text to and including 8/15/05 to respond to plfs Third Amended Consolidated Class Action Complaint . Signed by Judge David Folsom on 8/9/05. (mrm, ) (Entered: 08/09/2005) Defendants' Original ANSWER to Amended Complaint (Third Amended Consolidated Class Action Complaint) by Rent-A-Center, Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese.(Patton, Nicholas) (Entered: 08/15/2005) FILED IN ERROR - PLEASE IGNORE - MOTION for Certificate of Appealability The Originally Named Defendants' Motion to Certify 28 U.S.C. 1292(B) Interlocutory Appeal by Rent-A-Center, Michael Craig Talley, Mark Andrew Talley, Matthew Talley, J Ernest Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese. (Attachments: # 1 Text of Proposed Order)(Patton, Nicholas) Modified on 8/18/2005 (sm, ). (Entered: 08/17/2005) ***FILED IN ERROR - PLEASE IGNORE - ATTY WILL REFILE WRONG RELIEF WAS USED WITH MOTION - Document # 110, Motion for Certificate of Appealability. PLEASE IGNORE.*** (sm, ) (Entered: 08/18/2005) MOTION to Amend/Correct 105 Order on Motion to Dismiss, The Originally Named Defendants' Motion to Certify 28 USC 1292(B) Interlocutory Appeal (REPLACES DOCKET #110) by Rent-A-Center, Michael Craig Talley, Mark Andrew Talley, Matthew Talley, J Ernest Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese. (Attachments: # 1 Text of Proposed Order)(Patton, Nicholas) (Entered: 08/18/2005) ORDER; ORDERED, ADJUDGED, AND DECREED that due to the entry of the Order Consolidating Actions, Appointing Lead Plf and Approving Selection of Lead and Liaison Counsel on 10/10/02, Case No. 5:02-cv-11 and Case No. 5:02-cv-42 are administratively closed . Signed by Judge David Folsom on 8/19/05. (mrm, ) (Entered: 08/19/2005) RESPONSE to Motion re 111 MOTION to Amend/Correct 105 Order on Motion to Dismiss, The Originally Named Defendants' Motion to Certify 28 USC 1292(B) Interlocutory Appeal (REPLACES DOCKET #110) filed by Terry Walker. (Beckworth, Bradley) (Entered: 08/30/2005) REPLY to Response to Motion re 111 MOTION to Amend/Correct 105 Order on Motion to Dismiss, The Originally Named Defendants' Motion to Certify 28 USC 1292(B) Interlocutory Appeal (REPLACES DOCKET #110) filed by Rent-A-Center, Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese. (Patton, Nicholas) (Entered: 09/08/2005) MOTION Rule 26(f) conference or Rule 16(b) scheduling order or conference by Terry Walker. (Attachments: # 1 Text of Proposed Order)(Adams, Richard) (Entered: 09/12/2005) RESPONSE to Motion re 115 MOTION Rule 26(f) conference or Rule 16(b) scheduling order or conference filed by Rent-A-Center, Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Robert D Davis, Mark E Speese. (Attachments: # 1 Text of Proposed Order)(Patton, Nicholas) (Entered: 09/21/2005) NOTICE of Hearing: Management Conference set for 10/31/2005 01:30 PM in Ctrm 319 (Texarkana) before Judge David Folsom. (mrm, )
Req # 131
Filed Oct. 31, 2005
# 118
132
Oct. 31, 2005
119
133
Nov. 02, 2005
120
134
Nov. 02, 2005
135
Nov. 14, 2005
121
136
Nov. 30, 2005
122
137
Nov. 30, 2005
123
138
Dec. 12, 2005
124
139
Dec. 23, 2005
125
140
Jan. 03, 2006
126
141
Jan. 03, 2006
127
Docket Text (Entered: 10/20/2005) Minute Entry for proceedings held before Judge David Folsom : Management Conference held on 10/31/2005. (Court Reporter Libby Crawford.) (mrm, ) (Entered: 10/31/2005) STIPULATION and Agreed Scheduling Order by Terry Walker. (Beckworth, Bradley) Proposed Order added on 11/1/2005 (mpv, ). Modified on 11/1/2005 (mpv, ). Additional attachment(s) added on 11/1/2005 (mpv, ). (Entered: 10/31/2005) SCHEDULING ORDER: Ptys Initial Disclosures ddl 11/30/05; Complete Class Rep. Depositions ddl 4/7/06; Motion for Class Certification ddl 3/24/06; Response to Motion for Class Certification ddl 5/6/06; Reply to Motion for Class Certification 6/2/06; Witness & Exhibit designation ddl 6/8/06; Hearing set for 6/22/06 at 10:00 before Judge David Folsom in Texarkana (ct room 319) ea. side shall have 2.5 hrs to present their arguments and/or testimony; Non-expert discovery ddl 7/28/06. Signed by Judge David Folsom on 11/2/05. (mrm, ) (Entered: 11/02/2005) Set Hearings: Hearing on Lead Plfs Motion for Class Certification set for 6/22/2006 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. (2.5 hrs per side to present their arguments and/or testimony) hrg set as per order # 120 (mrm, ) (Entered: 11/02/2005) ORDER denying 111 Motion to Amend/Correct Defendants Motion to Certify 28 U.S.C. ?1292(b) Interlocutory Appeal. Signed by Judge David Folsom on November 14, 2005`. (rml, ) Modified on 11/14/2005 (rml, ). (Entered: 11/14/2005) NOTICE of Disclosure by Chaim Klein, Joan C Comeau, Elizabeth Bergbower, Mark Rice, Terry Walker, Brad Bulloch, John Farrar under Rule 26(a)(1) (Adams, Richard) (Entered: 11/30/2005) NOTICE of Disclosure by Robert D Davis, Mitchell E Fadel, Rent-ACenter, Inc., Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley of Service of Rule 26(a)(1) Initial Disclosures (Rodgers, Anne) (Entered: 11/30/2005) MOTION to Compel Discovery and Request for Oral Hearing by Robert D Davis, Mitchell E Fadel, Rent-A-Center, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Mark E Speese. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Text of Proposed Order)(Rodgers, Anne) (Entered: 12/12/2005) MOTION for Extension of Time to File Response/Reply as to 124 MOTION to Compel Discovery and Request for Oral Hearing Plaintiffs' Unopposed Motion to Extend Time to Respond to Defendants' Motion to Compel Discovery and Request for Oral Hearing by Chaim Klein, Joan C Comeau, Elizabeth Bergbower, Mark Rice, Terry Walker, Brad Bulloch, John Farrar. (Attachments: # 1 Text of Proposed Order # 2 Affidavit Certificate of Service)(Kerr, Brian) (Entered: 12/23/2005) ORDER granting 125 Motion for Extension of Time to File Response/Reply re 124 MOTION to Compel Discovery and Request for Oral Hearing Responses due by 1/3/2006. Signed by Judge David Folsom on 1/3/06. (mrm, ) (Entered: 01/03/2006) RESPONSE in Opposition re 124 MOTION to Compel Discovery and Request for Oral Hearing PLAINTIFFS' OPPOSITION TO
Req #
Filed
#
142
Jan. 11, 2006
128
143
Jan. 17, 2006
129
144
Feb. 20, 2006
130
145
Feb. 21, 2006
131
146
Feb. 27, 2006
132
147
Feb. 27, 2006
148
Feb. 28, 2006
133
149
Mar. 01, 2006
134
150 151
Mar. 07, 2006 Mar. 14, 2006
135 136
152
Mar. 23, 2006
Docket Text DEFENDANTS' MOTION TO COMPEL PLAINTIFFS TO DISCLOSE THE IDENTITY OF THEIR CONFIDENTIAL SOURCES filed by Chaim Klein, Joan C Comeau, Elizabeth Bergbower, Mark Rice, Terry Walker, Brad Bulloch, John Farrar. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Kerr, Brian) (Entered: 01/03/2006) REPLY to Response to Motion re 124 MOTION to Compel Discovery and Request for Oral Hearing filed by Rent-A-Center, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese. (Rodgers, Anne) (Entered: 01/11/2006) ORDER REFERRING MOTION: 124 MOTION to Compel Discovery and Request for Oral Hearing filed by Robert D Davis,, Mitchell E Fadel,, Mark E Speese,, Michael Craig Talley,, Mark Andrew Talley,, Matthew Talley,, Rent-A-Center, Inc., . Signed by Judge David Folsom on 1/17/06. (mpv, ) (Entered: 01/17/2006) Second MOTION to Compel by Mitchell E Fadel, Rent-A-Center, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Robert D Davis, Mark E Speese. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Rodgers, Anne) Modified on 2/21/2006 (mrm, ). **Referred to Judge Craven** (Entered: 02/20/2006) ORDER REFERRING MOTION to the Honorable Caroline M. Craven: 130 Second MOTION to Compel filed by Robert D Davis,, Mitchell E Fadel,, Mark E Speese,, Michael Craig Talley,, Mark Andrew Talley,, Matthew Talley,, Rent-A-Center, Inc., . Signed by Judge David Folsom on 2/21/06. (mrm, ) (Entered: 02/21/2006) ***FILED IN ERROR; PLEASE IGNORE; DEFICIENT DOCUMENT; ATTY MUST REFILE WITH A MOTION***STIPULATION Stipulated Protective Order by Rent-A-Center. (Rodgers, Anne) Modified on 2/28/2006 (mpv, ). (Entered: 02/27/2006) NOTICE of Deficiency regarding the STIPULATION Stipulated Protective Order submitted by Rent-A-Center, Inc.. Proposed Order Only, Atty must refile with a motion for entry of protective order. Correction should be made by 2/28/06 (mpv, ) (Entered: 02/28/2006) Joint MOTION for Protective Order by Elizabeth Bergbower, Mark Rice, Rent-A-Center, Inc.REPLACES #132. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order)(Rodgers, Anne) Modified on 2/28/2006 (mpv, ). (Entered: 02/28/2006) STIPULATED PROTECTIVE ORDER, Motions terminated: 133 Joint MOTION for Protective Order filed by Elizabeth Bergbower,, Mark Rice,, Rent-A-Center, Inc.,.. Signed by Judge David Folsom on 2/28/06. (mrm, ) (Entered: 03/01/2006) RESPONSE in Opposition re 130 Second MOTION to Compel. (Adams, Richard) (Entered: 03/07/2006) REPLY to Response to Motion re 130 Second MOTION to Compel filed by Mitchell E Fadel, Robert D Davis, Mark E Speese, Rent-A-Center, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Anderson, Darryl) (Entered: 03/14/2006) NOTICE of Hearing on Motion 130 Second MOTION to Compel, 124 MOTION to Compel Discovery and Request for Oral Hearing: Motion Hearing set for 4/11/2006 10:00 AM in Ctrm 403 (Texarkana) before
Req # 153
Filed Mar. 24, 2006
# 137
154
Mar. 24, 2006
138
155
Mar. 24, 2006
156
Mar. 27, 2006
139
157
Mar. 28, 2006
140
158
Mar. 28, 2006
141
159
Mar. 30, 2006
142
160
Mar. 31, 2006
143
161
Mar. 31, 2006
144
Docket Text Magistrate Judge Caroline Craven. (lf, ) (Entered: 03/23/2006) ***FILED IN ERROR; DEFICIENT DOCUMENT; NO CERTIFICATE OF SERVICE; NO CERTIFICATE OF CONFERENCE; PLEASE IGNORE; NOW REPLACED BY #138*** MOTION to Certify Class by Terry Walker. (Attachments: # 1 Exhibit Declaration of Jane Nettesheim# 2 Exhibit Declaration of Elizabeth Bergbower# 3 Exhibit Defendants Objections and Responses to Lead Plaintiffs Requests for Admissions and correspondence of Anne Rodgers of March 2, 2006# 4 Text of Proposed Order Granting Class Certification)(Beckworth, Bradley) Modified on 3/27/2006 (mpv, ). (Entered: 03/24/2006) ***CORRECTS DEFICIENT DOCUMENT #137***Amended MOTION for Class Certification by Terry Walker. (Attachments: # 1 Exhibit A-Declaration of Jane Nettesheim# 2 Exhibit B-Declaration of Elizabeth Bergbower# 3 Exhibit C-Defendants Objections and Responses to Lead Pltfs Requests for Admissions and correspondence of Anne Rodgers of March 2, 2006# 4 Text of Proposed Order Granting Class Certification)(Beckworth, Bradley) Modified on 3/27/2006 (mpv, ). (Entered: 03/24/2006) ***FILED IN ERROR. Document # 137, Motion to Certify Class. PLEASE IGNORE. NOW REPLACED BY #138*** (mpv, ) (Entered: 03/27/2006) MOTION for Protective Order by Terry Walker. (Attachments: # 1 Text of Proposed Order Granting Protective Order)(Beckworth, Bradley) Modified on 3/28/2006 (mrm, ). ***REFERRED TO JUDGE CRAVEN*** (Entered: 03/27/2006) ORDER REFERRING MOTION to the Honorable Caroline M. Craven: 139 MOTION for Protective Order filed by Terry Walker, . Signed by Judge David Folsom on 3/28/06. (mrm, ) (Entered: 03/28/2006) ORDER EXPEDITING DEFENDANTS' RESPONSE TIME re 139 MOTION for Protective Order filed by Terry Walker. It is ORDERED that Defendants shall respond to Plaintiffs' Motion for Protective Order #139 on or before Thursday, 3/30/06 at 12:00 p.m. Signed by Judge Caroline Craven on 3/28/06. (mpv, ) (Entered: 03/28/2006) RESPONSE in Opposition re 139 MOTION for Protective Order filed by Robert D Davis, Mitchell E Fadel, Rent-A-Center, Inc., Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Exhibit Exhibit J# 11 Exhibit Exhibit K# 12 Exhibit Exhibit L# 13 Exhibit Exhibit M# 14 Exhibit Exhibit N# 15 Exhibit Exhibit O# 16 Exhibit Exhibit P# 17 Exhibit Exhibit Q)(Rodgers, Anne) Proposed Order added on 3/30/2006 (mpv, ). Modified on 3/30/2006 (mpv, ). (Entered: 03/30/2006) REPLY to Response to Motion re 139 MOTION for Protective Order in further support of Motion for Protective Order. (Attachments: # 1 Exhibit A)(Beckworth, Bradley) (Entered: 03/31/2006) ORDER granting 139 Motion for Protective Order . Signed by Judge Caroline Craven on 3/31/06. (mpv, ) (Entered: 03/31/2006)
Req # 162 163
Filed Apr. 04, 2006 Apr. 11, 2006
# 145 146
164
Apr. 18, 2006
147
165
Apr. 20, 2006
148
166
Apr. 27, 2006
149
167
Apr. 28, 2006
150
168
May 02, 2006
151
169
May 08, 2006
152
170
May 11, 2006
153
171
May 15, 2006
154
Docket Text NOTICE of Attorney Appearance by Bradley Earl Beckworth on behalf of Terry Walker (Beckworth, Bradley) (Entered: 04/04/2006) Minute Entry for proceedings held before Judge Caroline Craven : Motion Hearing held on 4/11/2006 re 130 Second MOTION to Compel filed by Robert D Davis,, Mitchell E Fadel,, Mark E Speese,, Michael Craig Talley,, Mark Andrew Talley,, Matthew Talley,, Rent-A-Center, Inc.,, 124 MOTION to Compel Discovery and Request for Oral Hearing filed by Robert D Davis,, Mitchell E Fadel,, Mark E Speese,, Michael Craig Talley,, Mark Andrew Talley,, Matthew Talley,, Rent-A-Center, Inc.,. (Court Reporter Libby Crawford.) (lf, ) (Entered: 04/11/2006) ORDER denying 124 Motion to Compel, denying WITHOUT PREJUDICE TO REFILING130 Motion to Compel . Signed by Judge Caroline Craven on 4/18/06. (mpv, ) (Entered: 04/18/2006) NOTICE by Rent-A-Center, Inc. Objections to Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) (Rodgers, Anne) (Entered: 04/20/2006) MOTION to Withdraw Brad Bulloch, Joan C. Comeau and Mark Rice as Lead Plaintiffs in Accordance with Magistrate Craven's March 31, 2006 Order by Joan C Comeau, Mark Rice, Brad Bulloch. (Attachments: # 1 Memorandum in Support of Unopposed Motion# 2 Exhibit 1# 3 Exhibit 2# 4 Text of Proposed Order Granting Unopposed Motion# 5 Certificate of Service)(Kerr, Brian) (Entered: 04/27/2006) ORDER GRANTING UNOPPOSED MOTION TO WITHDRAW BRAD BULLOCH, JOAN C. COMEAU AND MARK RICE AS LEAD PLAINTIFFS IN ACCORDANCE WITH MAGISTRATE CRAVEN'S MARCH 31, 2006 ORDER; granting 149 Motion to Withdraw; IT IS HEREBY ORDERED that Brad Bulloch, Joan C. Comeau and Mark Rice are withdrawn as lead plfs in this action . Signed by Judge David Folsom on 4-28-06. (mrm, ) (Entered: 04/28/2006) MOTION for Reconsideration re 147 Order on Motion to Compel, by Rent-A-Center, Mitchell E Fadel, Robert D Davis, Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Text of Proposed Order)(Rodgers, Anne) (Entered: 05/02/2006) RESPONSE in Opposition re 138 Amended MOTION for Class Certification filed by Robert D Davis, Rent-A-Center, Inc., Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Mitchell E Fadel. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Text of Proposed Order Order)(Rodgers, Anne) (Entered: 05/08/2006) First MOTION for Extension of Time to File Response/Reply as to 151 MOTION for Reconsideration re 147 Order on Motion to Compel, by Elizabeth Bergbower, Terry Walker, John Farrar. (Attachments: # 1 Text of Proposed Order)(Rommel, Sean) (Entered: 05/11/2006) ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' OBJECTIONS TO AND MOTION FOR RECONSIDERATION OF MAGISTRATE JUDGE'S ORDER ON MOTIONS TO COMPEL;
Req #
Filed
#
172
May 24, 2006
155
173
May 26, 2006
156
174
May 31, 2006
157
175
Jun. 02, 2006
158
176
Jun. 02, 2006
159
177
Jun. 02, 2006
160
178 179
Jun. 08, 2006 Jun. 08, 2006
161 162
180
Jun. 09, 2006
163
181
Jun. 09, 2006
164
182
Jun. 16, 2006
165
183
Jun. 16, 2006
166
Docket Text granting 153 Motion for Extension of Time to File Response/Reply re 151 MOTION for Reconsideration re 147 Order on Motion to Compel, Responses due by 5/26/2006. Signed by Judge David Folsom on 5/15/06. (mrm, ) (Entered: 05/15/2006) MOTION for Partial Summary Judgment on 1933 Act Claims by Rent-ACenter, J Ernest Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley. Responses due by 6/9/2006 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Text of Proposed Order)(Rodgers, Anne) (Entered: 05/24/2006) RESPONSE in Opposition re 151 MOTION for Reconsideration re 147 Order on Motion to Compel, filed by Elizabeth Bergbower. (Attachments: # 1 Exhibit Exhibit A)(Rommel, Sean) (Entered: 05/26/2006) Consent MOTION for Leave to File Excess Pages by Elizabeth Bergbower. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave)(Beckworth, Bradley) (Entered: 05/31/2006) ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT; granting 157 Motion for Leave to File Excess Pages . Signed by Judge David Folsom on 6/1/06. (mrm, ) (Entered: 06/02/2006) REPLY to Response to Motion re 138 Amended MOTION for Class Certification Plaintiffs' Reply to Defendant's Opposition to Plaintiffs' Motion for Class Certification filed by Elizabeth Bergbower. (Beckworth, Bradley) (Entered: 06/02/2006) REPLY to Response to Motion re 151 MOTION for Reconsideration re 147 Order on Motion to Compel, filed by Robert D Davis, Mitchell E Fadel, Rent-A-Center, Inc., Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Rodgers, Anne) (Entered: 06/02/2006) Exhibit List Designation of Evidence for Class Certification Hearing by Elizabeth Bergbower.. (Beckworth, Bradley) (Entered: 06/08/2006) Exhibit List Defendants' Designation of Witnesses, Exhibits, and Deposition Excerpts for Class Certification Hearing by Robert D Davis, Mitchell E Fadel, Mark E Speese, Rent-A-Center, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley.. (Rodgers, Anne) (Entered: 06/08/2006) RESPONSE in Opposition re 155 MOTION for Partial Summary Judgment on 1933 Act Claims filed by Elizabeth Bergbower. (Attachments: # 1 Exhibit Ex 1 Affidavit of Susan Whatley# 2 Exhibit Exs. 1A - 1H)(Adams, Richard) (Entered: 06/09/2006) REPLY to Response to Motion re 138 Amended MOTION for Class Certification (aka Defendants' Sur-Reply) filed by Mitchell E Fadel, Mark E Speese, Rent-A-Center, Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Robert D Davis. (Rodgers, Anne) (Entered: 06/09/2006) REPLY to Response to Motion re 155 MOTION for Partial Summary Judgment on 1933 Act Claims Preliminary Reply filed by Mitchell E Fadel, Robert D Davis, Mark E Speese, Rent-A-Center, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Rodgers, Anne) (Entered: 06/16/2006) Third MOTION to Compel by Mitchell E Fadel, Robert D Davis, Mark E
Req #
Filed
#
184
Jun. 20, 2006
167
185
Jun. 22, 2006
168
186
Jun. 22, 2006
169
187
Jun. 29, 2006
170
188
Jun. 30, 2006
171
189
Jul. 05, 2006
172
190
Jul. 06, 2006
173
191
Jul. 06, 2006
174
192
Jul. 06, 2006
175
193 194
Jul. 06, 2006 Jul. 13, 2006 176
Docket Text Speese, Rent-A-Center, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Attachments: # 1 Exhibit A (Requests for Production)# 2 Exhibit B (Objections to Requests for Production)# 3 Exhibit C (Documents Produced)# 4 Text of Proposed Order)(Rodgers, Anne) Modified on 6/20/2006 (mrm, ). **Referred to Judge Craven** (Entered: 06/16/2006) ORDER REFERRING MOTION to the Honorable Caroline M. Craven: 166 Third MOTION to Compel filed by Robert D Davis,, Mitchell E Fadel,, Mark E Speese,, Michael Craig Talley,, Mark Andrew Talley,, Matthew Talley,, Rent-A-Center, Inc., . Signed by Judge David Folsom on 6/20/06. (mrm, ) (Entered: 06/20/2006) REPLY to Response to Motion re 155 MOTION for Partial Summary Judgment on 1933 Act Claims Pltf Sur-Reply to Def Preliminary Reply to Response to Motion for Partial Summary Judgment on 1933 Act Claims filed by Elizabeth Bergbower. (Beckworth, Bradley) (Entered: 06/22/2006) Minute Entry for proceedings held before Judge David Folsom : Class Certification Hearing held on 6/22/2006. (Court Reporter Libby Crawford.) (mrm, ) (Entered: 06/27/2006) Joint MOTION to Introduce Evidence Into the Record by Rent-A-Center, J Ernest Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Attachments: # 1 Text of Proposed Order)(Patton, Nicholas) (Entered: 06/29/2006) Consent MOTION for Extension of Time to File Response/Reply as to 166 Third MOTION to Compel by Elizabeth Bergbower, Terry Walker. (Attachments: # 1 Text of Proposed Order)(Rommel, Sean) (Entered: 06/30/2006) Amended MOTION for Extension of Time to File Response/Reply as to 166 Third MOTION to Compel Unopposed by Elizabeth Bergbower, Terry Walker. (Attachments: # 1 Text of Proposed Order)(Rommel, Sean) (Entered: 07/05/2006) ORDER granting 172 Motion for Extension of Time to File Response/Reply re 166 Third MOTION to Compel Responses due by 7/6/2006. Signed by Judge Caroline Craven on 7/6/06. (mpv, ) (Entered: 07/06/2006) RESPONSE in Opposition re 166 Third MOTION to Compel filed by Elizabeth Bergbower, Terry Walker. (Rommel, Sean) (Entered: 07/06/2006) ORDER granting 170 Motion to Introduce Evidence Into the Record; ORDERED that the transcript and DVD of the deposition of Elizabeth Bergbower is hereby introduced as evidence into the record . Signed by Judge David Folsom on 7/6/06. (mrm, ) (Entered: 07/06/2006) JOINT EXHIBIT. (placed in Texarkana vault, admitted as per order # 175) (mrm, ) (Entered: 07/06/2006) REPLY to Response to Motion re 166 Third MOTION to Compel filed by Robert D Davis, Rent-A-Center, Inc., Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Mitchell E Fadel. (Rodgers, Anne) (Entered: 07/13/2006)
Req # 195
Filed Jul. 21, 2006
# 177
196
Jul. 24, 2006
178
197
Jul. 31, 2006
179
198
Sep. 29, 2006
180
199
Oct. 03, 2006
181
200
Oct. 04, 2006
182
201
Oct. 30, 2006
183
202
Nov. 06, 2006
184
203
Mar. 20, 2007
185
204
Mar. 20, 2007
186
205
Apr. 02, 2007
187
Docket Text TRANSCRIPT of Proceedings/Hearing on Class Certification held on 6/22/06 before Judge David Folsom. Court Reporter: Libby Crawford. (mpv, ) (Entered: 07/21/2006) MOTION for Extension of Time to Complete Discovery (Non-Expert Discovery Deadline) by Elizabeth Bergbower. (Attachments: # 1 Proposed Order Granting Unopposed Motion to Extend Non-Expert Discovery Deadline# 2 Certificate of Service)(Kerr, Brian) (Entered: 07/24/2006) ORDER GRANTING UNOPPOSED MOTION TO EXTEND THE NON-EXPERT DISCOVERY DEADLINE; granting 178 Motion for Extension of Time to Complete Discovery; IT IS HEREBY ORDERED that the ptys shall have until 9/29/06 to complete non-expert discovery; . Signed by Judge David Folsom on 7/31/06. (mrm, ) (Entered: 07/31/2006) Second MOTION for Extension of Time to Complete Discovery Unopposed motion to extend non-expert discovery deadline by Elizabeth Bergbower, Terry Walker. (Attachments: # 1 Text of Proposed Order)(Rommel, Sean) (Entered: 09/29/2006) ORDER granting in part and denying in part 166 Motion to Compel; 20 days from date of entry of this order pltf shall produce docs responsive to request for production no 15. Signed by Judge Caroline Craven on October 3, 2006. (rml, ) (Entered: 10/03/2006) ORDER granting 180 Motion for Extension of Time to Complete Discovery; ORDERED that Plf's Second Unopposed Motion to Extend Non-Expert Discovery ddl is GRANTED. Discovery is stayed until 1/1/07. Thereafter, discovery shall continue during the months of January and March of 2007, with a concluding date of 3/30/07 . Signed by Judge David Folsom on 10/4/06. (mrm, ) (Entered: 10/04/2006) ORDER denying 151 Motion for Reconsideration of Magistrate Judge's Order on Motions to Compel . Signed by Judge David Folsom on 10/30/06. (mrm, ) (Entered: 10/30/2006) ORDER denying WITHOUT PREJUDICE 155 Motion for Partial Summary Judgment . Signed by Judge David Folsom on 11/6/06. (mpv, ) (Entered: 11/06/2006) MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline by Elizabeth Bergbower. (Attachments: # 1 Exhibit Ex. A# 2 Exhibit Ex. B# 3 Text of Proposed Order)(Rommel, Sean) Modified on 5/3/2007 (mrm, ) **REFERRED TO JUDGE CRAVEN**. (Entered: 03/20/2007) MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence by Elizabeth Bergbower. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Ex A# 3 Exhibit Ex B# 4 Exhibit Ex C# 5 Exhibit Ex D# 6 Exhibit Ex E)(Rommel, Sean) Modified on 5/3/2007 (mrm, )**REFERRED TO JUDGE CRAVEN**. (Entered: 03/20/2007) MOTION for Extension of Time to File Response/Reply as to 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence by Rent-A-Center, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Mitchell E Fadel, Robert D Davis, Mark E Speese. (Attachments: # 1 Text of Proposed Order)(Patton,
Req # 206
Filed Apr. 02, 2007
# 188
207
Apr. 04, 2007
189
208
Apr. 04, 2007
190
209
Apr. 13, 2007
191
210
Apr. 13, 2007
192
211
Apr. 13, 2007
193
212
Apr. 18, 2007
194
213
Apr. 19, 2007
195
214
Apr. 30, 2007
196
Docket Text Nicholas) (Entered: 04/02/2007) MOTION for Extension of Time to File Response/Reply as to 185 MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline by Mitchell E Fadel, Rent-ACenter, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley, Robert D Davis, Mark E Speese. (Attachments: # 1 Text of Proposed Order)(Patton, Nicholas) (Entered: 04/02/2007) ORDER granting 187 Motion for Extension of Time to File Response/Reply re 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence Responses due by 4/13/2007. Signed by Judge David Folsom on 4/3/07. (mrm, ) (Entered: 04/04/2007) ORDER granting 188 Motion for Extension of Time to File Response/Reply re 185 MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline Responses due by 4/13/2007. Signed by Judge David Folsom on 4/3/07. (mrm, ) (Entered: 04/04/2007) RESPONSE in Opposition re 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence filed by Rent-A-Center, Inc., Mark E Speese, Robert D Davis, Mitchell E Fadel, Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Text of Proposed Order Order)(Rodgers, Anne) (Entered: 04/13/2007) RESPONSE to Motion re 185 MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline filed by Robert D Davis, Rent-A-Center, Inc., Mitchell E Fadel, Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Attachments: # 1 Text of Proposed Order Order)(Rodgers, Anne) (Entered: 04/13/2007) SEALED MOTION to Require Plaintiff to Comply With Court's Order Compelling Production by Rent-A-Center, Inc., Robert D Davis, Mitchell E Fadel, Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Text of Proposed Order Order)(Rodgers, Anne) Modified on 5/3/2007 (mrm, )**REFERRED TO JUDGE CRAVEN**. (Entered: 04/13/2007) Consent MOTION for Extension of Time to File Response/Reply as to 191 Response in Opposition to Motion,, 192 Response to Motion, by Elizabeth Bergbower. (Attachments: # 1 Text of Proposed Order)(Rommel, Sean) (Entered: 04/18/2007) ORDER granting 194 Motion for Extension of Time to File Response/Reply re 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence, 185 MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline Replies due by 5/1/2007. Signed by Judge David Folsom on 4/19/07. (mpv, ) (Entered: 04/19/2007) Second MOTION for Extension of Time to File Response/Reply as to 186
Req #
Filed
#
215
Apr. 30, 2007
197
216
Apr. 30, 2007
198
217
May 01, 2007
199
218
May 03, 2007
200
219
May 03, 2007
201
220
May 03, 2007
202
221
May 03, 2007
203
222
May 08, 2007
204
223
May 08, 2007
205
Docket Text MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence, 185 MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline (Unopposed) by Elizabeth Bergbower. (Attachments: # 1 Text of Proposed Order)(Rommel, Sean) CORRECTED PROPOSED ORDER added on 4/30/2007 (mpv, ). Modified on 4/30/2007 (mpv, ). (Entered: 04/30/2007) SEALED RESPONSE to Motion re [193] SEALED MOTION to Require Plaintiff to Comply With Court's Order Compelling Production filed by Elizabeth Bergbower. (Attachments: # (1) Exhibit # (2) Exhibit # (3) Exhibit)(Rommel, Sean) (Entered: 04/30/2007) Cross MOTION for Order Relieving Plaintiff of Further Obligation to Comply with Court's October 3, 2006 Order by Elizabeth Bergbower. (Attachments: # 1 Text of Proposed Order)(Rommel, Sean) Additional attachment(s) added on 5/1/2007 (sm, ). Modified on 5/3/2007 (mrm, )**REFERRED TO JUDGE CRAVEN**. (Entered: 04/30/2007) ORDER granting 196 Motion for Extension of Time to File Response/Reply re 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence, 185 MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline Replies due by 5/8/2007.. Signed by Judge David Folsom on 5/1/2007. (sm, ) (Entered: 05/01/2007) ORDER REFERRING MOTION to the Honorable Caroline Craven: 185 MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline filed by Elizabeth Bergbower, . Signed by Judge David Folsom on 5/3/07. (mrm, ) (Entered: 05/03/2007) ORDER REFERRING MOTION to the Honorable Caroline Craven: 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence filed by Elizabeth Bergbower, . Signed by Judge David Folsom on 5/3/07. (mrm, ) (Entered: 05/03/2007) ORDER REFERRING MOTION to the Honorable Caroline Craven: [193] SEALED MOTION to Require Plaintiff to Comply With Court's Order Compelling Production filed by Robert D Davis,, Mitchell E Fadel,, Mark E Speese,, Michael Craig Talley,, Mark Andrew Talley,, Matthew Talley,, Rent-A-Center, Inc., . Signed by Judge David Folsom on 5/3/07. (mrm, ) (Entered: 05/03/2007) ORDER REFERRING MOTION to the Honorable Caroline Craven: 198 Cross MOTION for Order Relieving Plaintiff of Further Obligation to Comply with Court's October 3, 2006 Order filed by Elizabeth Bergbower, . Signed by Judge David Folsom on 5/3/07. (mrm, ) (Entered: 05/03/2007) REPLY to Response to Motion re [193] SEALED MOTION to Require Plaintiff to Comply With Court's Order Compelling Production filed by Mitchell E Fadel, Robert D Davis, Mark E Speese, Rent-A-Center, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Rodgers, Anne) (Entered: 05/08/2007) REPLY to Response to Motion re 185 MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline Reply in Further Support of Motion filed by Elizabeth Bergbower.
Req # 224
Filed May 08, 2007
# 206
225
May 10, 2007
207
226
May 15, 2007
208
227
May 21, 2007
209
228
May 22, 2007
210
229
May 22, 2007
211
230
May 31, 2007
231
Jun. 18, 2007
212
232
Jun. 19, 2007
213
Docket Text (Rommel, Sean) (Entered: 05/08/2007) REPLY to Response to Motion re 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence Reply in Further Support of Motion filed by Elizabeth Bergbower. (Attachments: # 1 Exhibit Ex A# 2 Exhibit Ex B# 3 Exhibit Ex C)(Rommel, Sean) (Entered: 05/08/2007) RESPONSE in Opposition re 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence (CORRECTED) filed by Rent-A-Center, Inc., Robert D Davis, Mitchell E Fadel, Mark E Speese, Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I)(Rodgers, Anne) (Entered: 05/10/2007) RESPONSE in Opposition re 198 Cross MOTION for Order Relieving Plaintiff of Further Obligation to Comply with Court's October 3, 2006 Order filed by Mitchell E Fadel, Robert D Davis, Mark E Speese, Rent-ACenter, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley. (Attachments: # 1 Text of Proposed Order)(Rodgers, Anne) (Entered: 05/15/2007) MOTION to Withdraw as Attorney George L. McWilliams by Elizabeth Bergbower. (Attachments: # 1 Text of Proposed Order)(Rommel, Sean) Certificate of Conference added on 5/22/2007 (mpv, ). Modified on 5/22/2007 (mpv, ). (Entered: 05/21/2007) REPLY to Response to Motion re 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence filed by Elizabeth Bergbower. (Rommel, Sean) (Entered: 05/22/2007) ORDER GRANTING MOTION FOR WITHDRAWAL OF COUNSEL, granting 209 MOTION to Withdraw as Attorney George L. McWilliams filed by Elizabeth Bergbower,., Attorney George L McWilliams terminated.. Signed by Judge David Folsom on 5/22/07. (mrm, ) (Entered: 05/22/2007) NOTICE of Hearing on Motion 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence, 185 MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline, 198 Cross MOTION for Order Relieving Plaintiff of Further Obligation to Comply with Court's October 3, 2006 Order, [193] SEALED MOTION to Require Plaintiff to Comply With Court's Order Compelling Production: Motion Hearing set for 6/19/2007 10:00 AM in Ctrm 403 (Texarkana) before Magistrate Judge Caroline Craven. (lfs, ) (Entered: 05/31/2007) APPLICATION to Appear Pro Hac Vice by Attorney Michael J Miarmi for Chaim Klein and Elizabeth Bergbower, Clifford S Goodstein for Chaim Klein and Elizabeth Bergbower. (Attachments: # 1 PHV Clifford Goodstein# 2 Receipt 5-1-1009)(rml, ) Receipt #5-1-1010 due to clerk inadvertently leaving off $25.00 from first receipt added on 6/19/2007 (mpv, ). Modified on 6/19/2007 (mpv, ). (Entered: 06/18/2007) Minute Entry for proceedings held before Judge Caroline Craven : Motion Hearing held on 6/19/2007 re 186 MOTION to Compel Based on
Req #
Filed
#
233
Jul. 02, 2007
214
234
Jul. 03, 2007
215
235
Sep. 20, 2007
216
236
Sep. 26, 2007
217
237
Oct. 30, 2007
218
238
Oct. 31, 2007
239
Oct. 31, 2007
219
240
Oct. 31, 2007
220
241
Feb. 05, 2008
221
Docket Text Defendants' Failure to Preserve and Produce Relevant Evidence filed by Elizabeth Bergbower,, [193] SEALED MOTION to Require Plaintiff to Comply With Court's Order Compelling Production filed by Robert D Davis,, Mitchell E Fadel,, Mark E Speese,, Michael Craig Talley,, Mark Andrew Talley,, Matthew Talley,, Rent-A-Center, Inc.,, 198 Cross MOTION for Order Relieving Plaintiff of Further Obligation to Comply with Court's October 3, 2006 Order filed by Elizabeth Bergbower,. (Court Reporter Libby Crawford.) (lfs, ) (Entered: 06/19/2007) Joint MOTION to Stay Discovery and all Deadlines by Elizabeth Bergbower. (Attachments: # 1 Text of Proposed Order)(Rommel, Sean) (Entered: 07/02/2007) ORDER granting 214 Motion to Stay Discovery and all Deadlines in this case and that the stay shall remain in effect up to and including 10/1/07, at which time or thereafter any party may move this Court to lift the stay. Signed by Judge David Folsom on 7/3/07. (mpv, ) (Entered: 07/03/2007) NOTICE by Rent-A-Center, Inc., Michael Craig Talley, Mark Andrew Talley, Matthew Talley re 152 Response in Opposition to Motion, Defendants' Citation of Supplemental Authority in Further Support of Their Response in Opposition to Plaintiffs' Motion to Certify Class (Attachments: # 1 Exhibit A)(Rodgers, Anne) (Entered: 09/20/2007) RESPONSE to 216 Notice (Other), Notice (Other) Plaintiff's Response to Defendants' Citation of Supplemental Authority Re: Oscar Private Equity Investments v. Allegiance Telecom, Inc., 487 F.3d 261 (5th Cir. 2007) by Elizabeth Bergbower. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Beckworth, Bradley) (Entered: 09/26/2007) SETTLEMENT AGREEMENT and Stipulation by Elizabeth Bergbower. (Attachments: # 1 Exhibit Exhibits A, A-1, A-2, A-3, B)(Rommel, Sean) (Entered: 10/30/2007) ORAL ORDER, Motions terminated WITHOUT PREJUDICE: 186 MOTION to Compel Based on Defendants' Failure to Preserve and Produce Relevant Evidence filed by Elizabeth Bergbower,, [193] SEALED MOTION to Require Plaintiff to Comply With Court's Order Compelling Production filed by Robert D Davis,, Mitchell E Fadel,, Mark E Speese,, Michael Craig Talley,, Mark Andrew Talley,, Matthew Talley,, Rent-A-Center, Inc.,, 198 Cross MOTION for Order Relieving Plaintiff of Further Obligation to Comply with Court's October 3, 2006 Order filed by Elizabeth Bergbower,, 185 MOTION for Extension of Time to Complete Discovery Motion to Extend Non-Expert Discovery Deadline filed by Elizabeth Bergbower,.. Signed by Judge David Folsom on 10/31/07. (mrm, ) (Entered: 10/31/2007) Minute Entry for proceedings held before Judge David Folsom : Hearing held on 10/31/2007. (Court Reporter Libby Crawford.) (mrm, ) (Entered: 10/31/2007) PRELIMINARY ORDER FOR NOTICE AND HEARING IN CONNECTION WITH SETTLEMENT PROCEEDINGS. Signed by Judge David Folsom on 10/31/07. (mrm, ) (Entered: 10/31/2007) Final MOTION for Settlement Lead Plaintiff's Memorandum in Support of Approval of Final Settlement by Elizabeth Bergbower. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Ex A Declaration# 3 Exhibit Ex B
Req #
Filed
#
242
Feb. 05, 2008
222
243
Feb. 06, 2008
223
244
Feb. 06, 2008
224
Docket Text Kennedy Aff Part 1# 4 Exhibit Ex B Kennedy Aff Part 2# 5 Exhibit Andrejkovics Aff# 6 Exhibit Ex D Firm resumes)(Rommel, Sean) (Entered: 02/05/2008) Additional Attachments to Main Document: 221 Final MOTION for Settlement Lead Plaintiff's Memorandum in Support of Approval of Final Settlement.. (Rommel, Sean) (Entered: 02/05/2008) Minute Entry for proceedings held before Judge David Folsom : Fairness Hearing held on 2/6/2008. (Court Reporter Libby Crawford.) (mrm, ) (Entered: 02/06/2008) ORDER AND FINAL JUDGMENT, Motions terminated: 138 Amended MOTION for Class Certification filed by Terry Walker, 221 Final MOTION for Settlement Lead Plaintiff's Memorandum in Support of Approval of Final Settlement filed by Elizabeth Bergbower. Signed by Judge David Folsom on 2/6/08. (mpv, ) (Entered: 02/06/2008)