Case details

Court: nysd
Docket #: 1:08-cv-03082
Case Name: Sanchez v. UBS AG et al
PACER case #: 323261
Date filed: 2008-03-26
Date terminated: 2010-06-14
Date of last filing: 2008-08-05
Assigned to: Judge Lawrence M. McKenna
Case Cause: 15:78m(a) Securities Exchange Act
Nature of Suit: 850 Securities/Commodities
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Ricardo L. Sanchez
Plaintiff
on behalf of all others similarly sitauted
Eduard Korsinsky
Zimmerman Levi & Korsinsky, LLP (NY) 39 Broadway, Suite 1601 New York, NY 10006 212-363-7500 Fax: 212-363-7171 Email: ek@zlk.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Eli Levi
Levi & Korinsky, L.L.P. 39 Broadway Suite 1601 New York, NY 10006 (212) 363-7500
LEAD ATTORNEY ATTORNEY TO BE NOTICED

UBS AG
Defendant
UBS Securities L.L.C.
Defendant
UBS Financial Services, Inc.
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-03-26 1 0 Complaint COMPLAINT against UBS AG, UBS Securities L.L.C., UBS Financial Services, Inc. (Filing Fee $ 350.00, Receipt Number 645954)Document filed by Ricardo L. Sanchez.(laq) (Entered: 03/27/2008)
2008-04-02 2 0 Order ORDER: A Status Conference shall be held on 6/20/2008 at 09:00 AM before Judge Denise L. Cote to consider any motions for appointment of lead plaintiff and lead counsel and for consolidation. Original filed in 08cv2967(DLC), document #2. (Signed by Judge Denise L. Cote on 4/2/08) (db) (Entered: 04/02/2008) 2009-08-08 08:13:38 03d15296671062c8a125a4547172a49fe979929f
2008-04-02 3 0 Notice of Case Assignment/Reassignment NOTICE OF CASE ASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (jeh) (Entered: 04/07/2008) 2009-08-08 08:13:46 effffff95ffc04155c981e0357cc7477b5546f4d
2008-04-16 4 0 Notice (Other) FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of of Related Cases. Document filed by UBS AG, UBS Securities L.L.C., UBS Financial Services, Inc. (Choa, Jonathan) Modified on 4/18/2008 (db). (Entered: 04/16/2008) 2009-08-08 08:13:28 5e4b26a51f2fe584e796a31ed430fb77c5f053ce
2008-04-18 5 0 Statement of Relatedness purs. to Rule 1.6 STATEMENT OF RELATEDNESS PURSUANT TO LOCAL RULE 1.6 re: that this action be filed as related to 08cv2753. Document filed by UBS AG, UBS Securities L.L.C., UBS Financial Services, Inc..(Choa, Jonathan) (Entered: 04/18/2008) 2009-08-08 08:13:56 cb948663c0a6ee1024f2297b3cd11c3ac2984b5c
2008-04-18 6 0 Notice of Case Assignment/Reassignment NOTICE OF CASE REASSIGNMENT to Judge Lawrence M. McKenna. Judge Denise L. Cote is no longer assigned to the case. (laq) (Entered: 04/23/2008) 2009-08-08 08:13:40 5fca3b7d195790c380305645043cc177015e3036
2008-05-08 7 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying UBS AG as Corporate Parent. Document filed by UBS Securities L.L.C., UBS Financial Services, Inc..(Choa, Jonathan) (Entered: 05/08/2008) 2009-08-08 08:13:44 5cf4c5b1224f1535ad2ce3adfe0875ba3e465e50
2008-05-15 8 0 Statement of Relatedness purs. to Rule 1.6 STATEMENT OF RELATEDNESS PURSUANT TO LOCAL RULE 1.6 re: that this action be filed as related to 08cv4352. Document filed by UBS Securities L.L.C., UBS Financial Services, Inc..(Choa, Jonathan) (Entered: 05/15/2008) 2009-08-08 08:13:36 a4dd1c27eb6e2c209ca80b37fe91afe9b0fd61cd
2008-05-16 9 0 Stipulation and Order STIPULATION AND ORDER OF CONSOLIDATION OF RELATED CASES: The Chandler and Sanchez actions are hereby consolidated for all purposes, including discovery, pretrial proceedings, trial proceedings, and post-trial proceedings, pursuant to Rule 42(a) of the F.R.C.P. This action shall be captioned " In re UBS Auction Rate Securities Litigation," and the files of this action shall be maintained in one file under Master File No. 08-CV-2967. Any other actions now pending or hereafter filed in this District, or transferred to this District, which arise out of common alleged facts and include the same alleged claims against Defendants as alleged in the Chandler and Sanchez cases, shall be consolidated into this action for all purposes, if and when they are drawn to the Court's attention. This order is without prejudice to the rights of any party to apply to the Court for severance of any claim, issue, party or action, or for modification of this Order, for good cause shown. (Signed by Judge Lawrence M. McKenna on 5/16/2008) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(tve) (Entered: 05/16/2008) 2009-08-08 08:13:53 26d486f398920c31a22653e5a5cfd10246d7faaa
2008-06-09 10 0 Response to Motion RESPONSE to Motion re: (27 in 1:08-cv-02967-LMM, 27 in 1:08-cv-02967-LMM, 27 in 1:08-cv-02967-LMM) MOTION to Consolidate Cases 08-CV-04352. MOTION to Appoint THE CHANDLER GROUP to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint THE CHANDLER GROUP to serve as lead plaintiff(s).. Document filed by David Chandler(Individually). Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Levine, Jonathan) (Entered: 06/09/2008) 2009-08-08 08:13:22 a1a4b3d8f40262dc53d0f6f74c067f0189644a11
2008-06-19 11 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: (24 in 1:08-cv-02967-LMM) MOTION to Appoint Steven Oppenheimer to serve as lead plaintiff(s).. Document filed by Steven Oppenheimer. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Glavin, James) (Entered: 06/19/2008) 2009-08-08 08:13:20 531c701ccdde206e5bc2b6f4705c01dcbda61985
2008-06-19 12 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: (27 in 1:08-cv-02967-LMM, 27 in 1:08-cv-02967-LMM, 27 in 1:08-cv-02967-LMM) MOTION to Consolidate Cases 08-CV-04352. MOTION to Appoint THE CHANDLER GROUP to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint THE CHANDLER GROUP to serve as lead plaintiff(s).. Document filed by David Chandler(Individually). Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Levine, Jonathan) (Entered: 06/19/2008) 2009-08-08 08:13:49 f064a9b565bb26919248d00b7976d1a4802669e3
2008-06-19 13 0 Declaration in Support of Motion DECLARATION of Aaron M. Sheanin in Support re: (27 in 1:08-cv-02967-LMM, 27 in 1:08-cv-02967-LMM, 27 in 1:08-cv-02967-LMM) MOTION to Consolidate Cases 08-CV-04352. MOTION to Appoint THE CHANDLER GROUP to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint THE CHANDLER GROUP to serve as lead plaintiff(s).. Document filed by David Chandler(Individually). Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Levine, Jonathan) (Entered: 06/19/2008) 2009-08-08 08:13:51 522dd47361d8e824a0507ec6c7445ddec7bf997e
2008-07-10 14 0 Endorsed Letter ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Joel P. Laitman dated 7/8/2008 re: Counsel writes in opposition to defendant's UBS AG's and UBS Financial Services's, Inc., request, seeking to defer filing their motion to dismiss. ENDORSEMENT: The above action (08 Civ. 2753) and 08 Civ. 2967, 08 Civ. 3082, 08 Civ. 4352 and 08 Civ. 5251 are stayed pending decision on all outstanding motions for consolidation and appointment of lead plaintiff and or interim counsel. The stay will expire 10 business days following decision on such matter. So Ordered. (Signed by Judge Lawrence M. McKenna on 7/9/2008) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(jfe) (Entered: 07/10/2008) 2009-08-08 08:13:33 a3d295e8bdd722b8dd70dcdbf4cf05959f4b26bd
2008-07-16 15 0 Order ORDER: The motion for its consolidation with the present matter is granted. The Streit case, insofar as it alleges claims under the Securities Exchange Act, is also consolidated with the present matter for substantially the same reasons given as to the Bonnist case; insofar as the Streit case alleges claims under the Investment Advisors Act and state law, a limited consolidation, as in the case of Kassover, is granted. Accordingly, the Court finds that the Chandler Group is presumed to be the most adequate plaintiff. The Chandler Group is appointed as lead plaintiff as to all claims brought under the Securities Exchange Act. The Chandler Groups selections -- Girard Gibbs L.L.P., (Lead Counsel), Stueve Siegel Hanson L.L.P., (Co-Lead Counsel) and Seeger Weiss L.L.P., (Liaison Counsel) -- are therefore appointed as counsel for Securities Exchange Act claims. Counsel in the Kassover case did the initial work on those claims, and it makes sense that they should remain responsible for prosecuting those claims. Those counsel --Schoengold Sporn Laitman & Lometti -- are appointed as interim class counsel for Investment Advisors Act and state law claims. (Signed by Judge Lawrence M. McKenna on 7/16/2008) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM Copies Mailed By Chambers.(jfe) (Entered: 07/16/2008) 2009-08-08 08:13:25 8c92173067e971ecd0c667823ad8b3fbaf7908da
2008-08-05 16 0 Stipulation and Order STIPULATION & ORDER: Lead Plaintiff shall file the consolidated amended complaint in this action on or before 9/5/08. Defendants need not answer, move against or otherwise respond to the consolidated amended complaint in this action until 60 days after the consolidated amended complaint is filed. Should Defendant file a motion to dismiss the consolidated amended complaint, the briefing schedule on such motion shall be as follows: a. Lead Plaintiff shall file an opposition to Defendants' motion to dismiss within 60 days of the filing of the motion to dismiss; and b. Defendants shall file any reply in support of the motion to dismiss within 30 days of the filing of Lead Plaintiff's opposition to the motion to dismiss. ( Amended Pleadings due by 9/5/2008.) (Signed by Judge Lawrence M. McKenna on 8/4/08) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM, 1:08-cv-02967, 1:08-cv-04352, 1:08-cv-5251. (tro) (Entered: 08/05/2008) 2009-08-08 08:13:42 e6109fea2ce076e517d98d0513180b3395eb0ffd
2008-10-10 17 0 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL DENYING TRANSFER....that the motion, pursuant to 28 U.S.C. 1407(c), for transfer of the action to the United States District Court - Southern District of New York, be, and the same hereby is denied. (Signed by MDL Panel on 10/9/08) (laq) (Entered: 10/20/2008)
2008-10-20 18 0 ENDORSED LETTER addressed to Judge Lawrence M. Mckenna from William F. Sullivan dated 10/17/2008 re: Accordingly, a supplemental notice is unnecessary as no class has been certified and seeks to do noting more than delay and jeopardize UBS's implementation of a carefully negotiated regulatory settlement. There is no basis for plaintiffs' motion nor any need for an expedited hearing. ENDORSEMENT: Defendants are to respond to plaintiffs motion by 10/21/2008. Plaintiffs are to reply no later than 10/23/2008. If the Court considers a hearing necessary, counsel will be notified. The Court will expedite decision. So Ordered. (Signed by Judge Lawrence M. McKenna on 10/20/2008) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(jpo) (Entered: 10/20/2008)
2008-10-21 19 0 ENDORSED LETTER addressed to Judge Lawrence M. McKenna from William F. Sullivan dated 10/21/08 re: UBS AG, UBS Securities LLC, and UBS Financial Services, Inc. request an extension of time until 10/24/08 to respond to the 10/20/08 Motion to Expedite. ENDORSEMENT: Granted. Plaintiff to reply by 10/27/08. Briefing schedule for earlier motion to remain as is. So Ordered., Set Deadlines/Hearing as to (74 in 1:08-cv-02967-LMM) CROSS MOTION to Expedite Motion for Further Supplemental Notice and Related Relief: (Responses due by 10/24/2008, Replies due by 10/27/2008.) (Signed by Judge Lawrence M. McKenna on 10/21/08) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(db) (Entered: 10/21/2008)
2008-10-22 20 0 NOTICE OF APPEARANCE by Christopher Lometti on behalf of Ronald D. Kassover Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Lometti, Christopher) (Entered: 10/22/2008)
2008-10-24 21 0 MEMORANDUM AND ORDER For the reasons set forth in this order, the Lead plaintiffs expedited motion is denied.. (Signed by Judge Lawrence M. McKenna on 10/24/08) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(mme) (Entered: 10/24/2008)
2008-10-30 22 0 STIPULATION AND ORDER: It is hereby Stipulated and agreed that defendant's UBS Securities LLC., UBS Financial Services, Inc., UBS AG Marten Hoeklra, and Joseph Scoby shall have through and until November 25, 2008, in which to answer, move against, or otherwise respond to the consolidated amended complaint. Defendant's UBS Securities LLC., UBS Financial Services, Inc., UBS AG may file a joint memorandum of law in support of UBS's anticipated motion to dismiss of up to 40 pages in length: Lead Plaintiffs may file a joint memorandum of law in opposition to USB's anticipated motion to dismiss of up to 40 pages in length, and UBS may file a joint reply memorandum of up to 20 pages in length. (Signed by Judge Lawrence M. McKenna on 10/30/2008) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(jfe) (Entered: 10/30/2008)
2008-10-31 23 0 ENDORSED LETTER addressed to Judge Lawrence M. McKenna from William F. Sullivan dated 10/31/08 re: Counsel for plaintiff writes regarding both parties agreement that UBS should have until November 12, 2008 to file an answering memorandum of law and Lead Plaintiffs should have until November 19, 2008 to file a reply in support of their motion. The parties request that the Court approve this stipulated briefing schedule. ENDORSEMENT: Approved. So Ordered. ( Replies due by 11/19/2008. Responses due by 11/12/2008) (Signed by Judge Lawrence M. McKenna on 10/31/08) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(js) (Entered: 11/03/2008)
2008-11-20 24 0 NOTICE OF APPEARANCE by Judith Leonore Mogul on behalf of David Shulman Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Mogul, Judith) (Entered: 11/20/2008)
2008-11-21 25 0 NOTICE OF APPEARANCE by Robert James Anello on behalf of David Shulman Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Anello, Robert) (Entered: 11/21/2008)
2008-11-25 26 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss the Amended Class Action Complaint. Document filed by David Shulman. (Attachments: # 1 Memorandum of Law)Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Anello, Robert) Modified on 12/4/2008 (lb). (Entered: 11/25/2008)
2008-11-25 27 0 NOTICE OF APPEARANCE by Andrew M. Genser on behalf of Joseph Scoby Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) (Entered: 11/25/2008)
2008-11-25 28 0 MOTION to Dismiss Consolidated Class Action Complaint. Document filed by Joseph Scoby.Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) (Entered: 11/25/2008)
2008-11-25 29 0 MEMORANDUM OF LAW in Support re: (106 in 1:08-cv-02967-LMM, 28 in 1:08-cv-03082-LMM) MOTION to Dismiss Consolidated Class Action Complaint.. Document filed by Joseph Scoby. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) (Entered: 11/25/2008)
2008-11-25 30 0 DECLARATION of John Hartman, Esq. in Support re: (106 in 1:08-cv-02967-LMM, 28 in 1:08-cv-03082-LMM) MOTION to Dismiss Consolidated Class Action Complaint.. Document filed by Joseph Scoby. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) (Entered: 11/25/2008)
2008-11-26 31 0 AFFIDAVIT OF SERVICE of Notice of Motion to Dismiss Consolidated Class Action Complaint and Supporting Papers served on Carey and Danis, LLC; and Law Offices of George A. Shohet on 11/26/08. Service was made by Mail. Document filed by Joseph Scoby. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) (Entered: 11/26/2008)
2008-11-26 32 0 MOTION to Dismiss The Amended Class Action Complaint. Document filed by David Shulman.Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Anello, Robert) (Entered: 11/26/2008)
2008-11-26 33 0 MEMORANDUM OF LAW in Support re: (32 in 1:08-cv-03082-LMM, 114 in 1:08-cv-02967-LMM) MOTION to Dismiss. The Amended Class Action Complaint. Document filed by David Shulman. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Anello, Robert) (Entered: 11/26/2008)
2008-11-26 34 0 AFFIDAVIT OF SERVICE of Notice of Motion to Dismiss Amended Class Action Complaint and Memorandum of Law served on A.J. De Bartolomeo, Jeff S. Westerman, Joseph E. Levi, and George A. Shohet, Esq. on November 26, 2008. Service was made by Mail. Document filed by David Shulman. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Mogul, Judith) (Entered: 11/26/2008)
2009-01-05 35 0 STIPULATION & ORDER, Defendant Marcel Rohner shall answer, move against, or otherwise respond to the Complaint on or before 1/9/09. Lead Plaintiffs shall oppose any Motion to Dismiss filed by defendant Marcel Rohner on or before 2/9/09. Defendant Marcel Rohner shall reply to any Opposition filed by Lead Plaintiffs within 30 days of such Opposition. (Signed by Judge Lawrence M. McKenna on 1/5/09) Filed In Associated Cases: 1:08-cv-02967-LMM, et al.(tro) (Entered: 01/05/2009)
2009-02-25 36 0 REPLY MEMORANDUM OF LAW in Support re: (32 in 1:08-cv-03082-LMM, 114 in 1:08-cv-02967-LMM) MOTION to Dismiss.. Document filed by David Shulman. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Anello, Robert) (Entered: 02/25/2009)
2009-02-25 37 0 REPLY MEMORANDUM OF LAW in Support re: (106 in 1:08-cv-02967-LMM, 28 in 1:08-cv-03082-LMM) MOTION to Dismiss Consolidated Class Action Complaint.. Document filed by Joseph Scoby. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) (Entered: 02/25/2009)
2009-03-30 38 0 MEMORANDUM AND ORDER: For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED. Plaintiffs may replead (if they can do so consistently with Federal Rule of Civil Procedure 11) within 20 days of the date hereof. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 3/30/2009) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM Copies Mailed By Chambers.(tve) (Entered: 03/30/2009)
2009-04-01 39 0 ORDER ADMITTING ATTORNEY John F. Hartman PRO HAC VICE for defendant Joseph Scoby. (Signed by Judge Lawrence M. McKenna on 4/1/09) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(cd) (Entered: 04/02/2009)
2009-03-31 40 0 MOTION for John F. Hartmann and Paul Helms to Appear Pro Hac Vice. Document filed by Joseph Scoby.Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(dle) (Entered: 04/02/2009)
2009-04-14 41 0 STIPULATION AND ORDER that Lead Plaintiffs' deadline to file the First Amended Consolidated Class Action Complaint is extended to 5/8/09. (Signed by Judge Lawrence M. McKenna on 4/14/09) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(dle) (Entered: 04/14/2009)
2009-05-14 42 0 ORDER: Movant Joseph P. Guglielmo's Motion to Withdraw as Counsel is GRANTED, and Movant is terminated as counsel in this proceeding. (Signed by Judge Lawrence M. McKenna on 5/14/2009) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(jpo) (Entered: 05/15/2009)
2009-05-27 43 0 MEMO ENDORSEMENT on MOTION OF THE CHANDLER GROUP TO WITHDRAW AND SUBSTITUTE LEAD PLAINTIFF. ENDORSEMENT: The above-captioned motion having been filed, defendants may respond formerly, and plaintiffs reply. Defendants' time to respond to the already filed First Amended consolidated Class Action Complaint is extended to 30 days after a decision on the above-captioned motion. (Signed by Judge Lawrence M. McKenna on 5/27/09) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(tro) (Entered: 05/29/2009)
2009-06-03 44 0 STIPULATION & ORDER; On or before June 15, 2009, Defendants shall file an opposition to the Motion of the Chandler Group to Withdraw and Substitute Lead Plaintiff on or before June 15, 2009; On or before June 26, 2009, Lead Plaintiffs shall file a reply in support of the Motion of the Chandler Group to Withdraw and Substitute Lead Plaintiff. It is so ordered. (Signed by Judge Lawrence M. McKenna on 6/3/2009) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(tve) (Entered: 06/03/2009)
2009-07-02 45 0 MEMORANDUM AND ORDER: Any party who objects to the withdrawal of David Chandler, Shelly Chandler, Robert Bee, Edward Taras, Larry S. Watanabe, David Ghiz and M. Richard Goldberg as Lead Plaintiffs in this action and the substitution of David Neu, Charles H. Dutcher, III, Ann Elston, and William Baumel as Lead Plaintiffs or who wishes to apply for appointment as lead counsel shall so inform the Court by letter no later than twenty one days from the date of this Order. (Signed by Judge Lawrence M. McKenna on 7/2/09) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(tro) (Entered: 07/07/2009)
2009-07-29 46 0 ORDER: The request of David Chandler, Shelly Chandler, Robert Bee, Larry S. Watanabe, David Ghiz and M. Richard Goldbers to withdraw as Lead Plaintiffs in this action is GRANTED, and the claims of the members of the Chandler Group are dismissed without prejudice. Plaintiffs David Neu, Charles H. Dutcher, III, Ann Elston and William Baumel (collectively, the "Neu Group") are hereby SUBSTITUTED and APPOINTED to serve as Lead Plaintiffs in above-captioned action, pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. § 78u-4(a)(3)(B), as amended by the PSLRA. The Court previously appointed the law firms of Girard Gibbs LLP, Stueve Siegel Hanson LLP, and Seeger Weiss LLP to serve as Lead Counsel, Co-Lead Counsel, and Liaison Counsel for the Class, respectively, pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.c. § 78u-4(a)(3)(B), as amended by the PSLRA. The Neu Group's selection of the same firms to serve as counsel for claims asserted under the Exchange Act is hereby APPROVED. Pursuant to the Court's May 27, 2009 memo-endorsement, all Defendants in this action shall respond to the First Amended Consolidated Class Action Complaint within 30 days of the Court's entry of this Order. (Signed by Judge Lawrence M. McKenna on 7/29/2009) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(jpo) (Entered: 07/29/2009)
2009-07-29 47 0 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff Edward Taras and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) UBS Securities LLC., UBS Financial Services Inc.,, David Shulman, Joseph Scoby, Marcel Rohner, Marten Hoekstra, UBS AG, UBS Securities L.L.C., UBS Financial Services, Inc.. ENDORSEMENT: So ordered. (This order applies only to Mr. Taras individual claims) (Signed by Judge Lawrence M. McKenna on 7/29/2009) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(jpo) (Entered: 07/29/2009)
2009-08-25 48 0 STIPULATION & ORDER; On or before October 2, 2009, the Neu Group shall file its oppositions to the Jointly Represented Defendants' motion to dismiss, and to each of the Individual Defendants' motions to dismiss. On or before October 30, 2009, Defendants shall file their replies in support of their motions to dismiss. Jointly Represented Defendants have up to thirty (30) pages to file their joint memorandum of law in support of their motion to dismiss, the Neu Group has up to thirty (30) pages to file its opposition to Jointly Represented Defendants' motion to dismiss, and Jointly Represented Defendants have up to twenty-five (25) pages to file their reply. Individual Defendants each have up to fifteen (15) pages to file their replies in support of their motions to dismiss. IT IS SO ORDERED. (Signed by Judge Lawrence M. McKenna on 8/25/2009) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(tve) (Entered: 08/25/2009)
2009-08-28 49 0 MOTION to Dismiss first amended consolidated class action complaint. Document filed by Joseph Scoby.Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) (Entered: 08/28/2009)
2009-08-28 50 0 MEMORANDUM OF LAW in Support re: (49 in 1:08-cv-03082-LMM, 148 in 1:08-cv-02967-LMM) MOTION to Dismiss. first amended consolidated class action complaint. Document filed by Joseph Scoby. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) (Entered: 08/28/2009)
2009-08-28 51 0 MOTION to Dismiss the First Amended Consolidated Class Action Complaint. Document filed by David Shulman. Responses due by 10/2/2009Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Anello, Robert) (Entered: 08/28/2009)
2009-08-28 52 0 DECLARATION of Robert J. Anello in Support re: (51 in 1:08-cv-03082-LMM, 150 in 1:08-cv-02967-LMM) MOTION to Dismiss.. Document filed by David Shulman. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Anello, Robert) (Entered: 08/28/2009)
2009-08-28 53 0 MEMORANDUM OF LAW in Support re: (51 in 1:08-cv-03082-LMM, 150 in 1:08-cv-02967-LMM) MOTION to Dismiss.. Document filed by David Shulman. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Anello, Robert) (Entered: 08/28/2009)
2009-09-08 54 0 ORDER granting (156) Motion to Withdraw as Attorney. Attorney Matthew L. Dameron terminated in case 1:08-cv-02967-LMM. (Signed by Judge Lawrence M. McKenna on 9/8) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(jmi) (Entered: 09/08/2009)
2009-10-02 55 0 STIPULATION: On or before October 9, 2009, the Neu Group shall file its responses in opposition to the Jointly Represented Defendants' motion to dismiss, and to each of the Individual Defendants' motions to dismiss. On or before November 6, 2009, Defendants shall file their replies in support of their motions to dismiss. (Signed by Judge Lawrence M. McKenna on 10/2/2009) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(jpo) (Entered: 10/05/2009)
2009-10-28 56 0 ORDER that the following counsel hereby withdraws his appearance in the above-captioned action and requests that no further notices be given to or required of him in the action, and that no documents or other pleadings in the action be served upon him. (Signed by Judge Lawrence M. McKenna on 10/28/2009) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(jmi) (Entered: 10/28/2009)
2009-11-06 57 0 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: (49 in 1:08-cv-03082-LMM, 148 in 1:08-cv-02967-LMM) MOTION to Dismiss.. Document filed by Joseph Scoby. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) Modified on 11/12/2009 (lb). (Entered: 11/06/2009)
2009-11-06 58 0 DECLARATION of John F. Hartmann in Support re: (49 in 1:08-cv-03082-LMM, 148 in 1:08-cv-02967-LMM) MOTION to Dismiss.. Document filed by Joseph Scoby. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) (Entered: 11/06/2009)
2009-11-06 59 0 REPLY MEMORANDUM OF LAW in Support re: (49 in 1:08-cv-03082-LMM, 148 in 1:08-cv-02967-LMM) MOTION to Dismiss.. Document filed by Joseph Scoby. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Genser, Andrew) (Entered: 11/06/2009)
2009-11-06 60 0 REPLY MEMORANDUM OF LAW in Support re: (51 in 1:08-cv-03082-LMM) MOTION to Dismiss.. Document filed by David Shulman. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Anello, Robert) (Entered: 11/06/2009)
2009-11-06 61 0 MEMORANDUM OF LAW in Opposition re: (159 in 1:08-cv-02967-LMM) MOTION to Strike Document No. [151 and 155] , Declaration of Robert J. Anello and Exhibits F-N and T to the Declaration of William F. Sullivan.. Document filed by David Shulman. Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(Anello, Robert) (Entered: 11/06/2009)
2010-05-20 62 0 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice as to claims by plaintiff Ann Elston against defendants. (Signed by Judge Lawrence M. McKenna on 5/20/10) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM(cd) (Entered: 05/21/2010)
2010-06-10 63 0 MEMORANDUM AND ORDER granting (148) Motion to Dismiss; granting (150) Motion to Dismiss in case 1:08-cv-02967-LMM; granting (49) Motion to Dismiss; granting (51) Motion to Dismiss in case 1:08-cv-03082-LMM. For the reasons further set forth in this Order, Defendants motionsto dismiss are GRANTED. (Signed by Judge Lawrence M. McKenna on 6/10/2010) Filed In Associated Cases: 1:08-cv-02967-LMM, 1:08-cv-03082-LMM, 1:08-cv-4352, 1:08-cv-5251. (tve) (Entered: 06/10/2010)
2010-06-14 64 0 *VACATED AS PREMATURE ON 6/15/10* - CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated June 10, 2010, defendants' motions to dismiss are granted. (Signed by Clerk of Court Ruby Krajick on 6/14/10) (Attachments: # 1 notice of right to appeal)(ml) Modified on 6/15/2010 (ml). (Entered: 06/15/2010)
2010-07-07 65 0 JUDGMENT that the Complaint and this action, including each and every purported claim alleged therein, are fully and finally dismissed with prejudice; Plaintiffs shall take nothing from any Defendants in this action; and, Defendants shall have judgment against Plaintiffs for their costs of suit as taxed by the Clerk. (Signed by Judge Lawrence M. McKenna on 7/7/10) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 07/08/2010)