Case details

Court: txnd
Docket #: 3:04-cv-01836
Case Name: Fener v. Belo Corporation et al
PACER case #: 139562
Date filed: 2004-08-23
Date terminated: 2009-11-10
Assigned to: Judge Sidney A Fitzwater
Case Cause: 15:78m(a) Securities Exchange Act
Nature of Suit: 850 Securities/Commodities
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Todd Fener
Plaintiff
on behalf of himself and all others similarly situated
Robert E Jenkins
Jenkins | Babb LLP 2727 LBJ Freeway Suite 900 Dallas , TX 75234 214/220-2022 Fax: 866/379-3294 Email: robert@jenkinsbabb.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Henry Rosen
Coughlin Stoia Geller Rudman Robbins & Robbins LLP 655 W Broadway Suite 1900 San Diego , CA 92101 619/231-1058 Fax: 619/231-7423 Email: henryr@csgrr.com
ATTORNEY TO BE NOTICED

William Steinford
Plaintiff
Roger F Claxton
Claxton Law Firm 10000 N Central Expwy Suite 725 Dallas , TX 75231 214/969-9029 Fax: 214/953-0583 Email: roger@claxtonlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Debbie A Robbins
Plaintiff
on Behalf of Herself and All Other Similarly Situated
Thomas E Bilek
The Bilek Law Firm LLP 808 Travis Suite 802 Houston , TX 77002 713/227-7720 Fax: 713/227-9404 Email: tbilek@bileklaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Belo Corporation
Defendant
Martin B McNamara
Gibson Dunn & Crutcher 2100 McKinney Ave Suite 1100 Dallas , TX 75201 214/698-3147 Fax: 214/571-2938 FAX Email: mmcnamara@gibsondunn.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

M Byron Wilder
Gibson Dunn & Crutcher 2100 McKinney Ave Suite 1100 Dallas , TX 75201 214/698-3231 Fax: 214/698-3400 FAX Email: bwilder@gibsondunn.com
ATTORNEY TO BE NOTICED

William D Sims , Jr
Vinson & Elkins 2001 Ross Avenue Suite 3700 Dallas , TX 75201 214/220-7703 Fax: 214/999-7703 FAX Email: bsims@velaw.com
ATTORNEY TO BE NOTICED

Robert W Decherd
Defendant
Martin B McNamara
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

M Byron Wilder
(See above for address)
ATTORNEY TO BE NOTICED

William D Sims , Jr
(See above for address)
ATTORNEY TO BE NOTICED

Barry Peckham
Defendant
Randal G Mathis
Mathis & Donheiser 2575 Trammell Crow Center 2001 Ross Ave Dallas , TX 75201 214/303-1919 Fax: 214/303-0399 Email: rmathis@mathisdonheiser.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anissa F Curliss
Mathis & Donheiser 4600 Trammell Crow Center 2001 Ross Ave Dallas , TX 75201 214/303-1919 Email: acurliss@mathisdonheiser.com
ATTORNEY TO BE NOTICED

Mark M Donheiser
Mathis & Donheiser 2001 Ross Ave Suite 3900 Dallas , TX 75201 214/303-1919

Roger Evans
Mathis & Donheiser 4600 Trammell Crow Center 2001 Ross Ave Dallas , TX 75201 214/303-1919 Fax: 214/303-0399 FAX Email: revans@mathisdonheiser.com
ATTORNEY TO BE NOTICED

James M Moroney, III
Defendant
M Byron Wilder
(See above for address)
ATTORNEY TO BE NOTICED

Martin B McNamara
(See above for address)
ATTORNEY TO BE NOTICED

William D Sims , Jr
(See above for address)
ATTORNEY TO BE NOTICED

John L Sander
Defendant
TERMINATED: 05/18/2007
Martin B McNamara
(See above for address)
TERMINATED: 05/18/2007 ATTORNEY TO BE NOTICED

Dunia A. Shive
Defendant
TERMINATED: 05/18/2007
Martin B McNamara
(See above for address)
TERMINATED: 05/18/2007 ATTORNEY TO BE NOTICED

Dennis Williamson
Defendant
TERMINATED: 05/18/2007
Martin B McNamara
(See above for address)
TERMINATED: 05/18/2007 ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2004-08-23 1 0 COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS AND DEMAND FOR JURY TRIAL against Belo Corporation, Robert W Decherd, Barry Peckham ( Filing fee $150; Receipt number 210442), filed by Todd Fener.(klm, ) (Entered: 08/24/2004)
2004-08-23 2 0 Summons Issued as to Belo Corporation, Robert W Decherd, Barry Peckham. (klm, ) (Entered: 08/24/2004)
2004-08-23 3 0 CERTIFICATE OF INTERESTED PERSONS by Todd Fener. (klm, ) (Entered: 08/24/2004)
2004-09-15 4 0 Affidavit of Service for Summons, Class Action Complaint, Certificate of Interested Persons served by First Class mail on Barry Peckham on 8/27/04. (klm, ) (Entered: 09/16/2004)
2004-09-15 5 0 Affidavit of Service for Summons, Class Action Complaint, Certificate of Interested Persons served personally on Belo Corporation, Michael J. McCarthy, Agent for Service of Process on 8/26/04. (klm, ) (Entered: 09/16/2004)
2004-09-15 6 0 Affidavit of Service for Summons, Class Action Complaint, Certificate of Interested Persons served by leaving documents with Renae Peckham for Barry Peckham on 8/26/04. (klm, ) (Entered: 09/16/2004)
2004-09-15 7 0 WAIVER OF SERVICE Returned Executed as to Robert W Decherd. Waiver sent on 8/31/2004, answer due 11/1/2004. (klm, ) (Entered: 09/16/2004)
2004-10-18 8 0 ORDER CONSOLIDATING CASES: Case consolidated with 3:04-CV-1869-D (3:04-CV-1836-D is lead case). The court adopts in part the agreed stipulation and proposed order. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 10/18/04) (klm, ) (Entered: 10/19/2004)
2004-10-22 9 0 MOTION to be Appointed Lead Plaintiffs and for Approval of Lead Plaintiffs Selection of Lead Counsel and Liaison Counsel by Lucia Roberta, George Roberta (svc, ) (Entered: 10/25/2004)
2004-10-22 10 0 Memorandum in Support of 9 MOTION to be Appointed Lead Plaintiffs and for Approval of Lead Plaintiffs Selection of Lead Counsel and Liaison Counsel filed by George Roberta, Lucia Roberta. (svc, ) (Entered: 10/25/2004)
2004-10-22 11 0 Appendix in Support of 9 MOTION to be Appointed Lead Plaintiffs and for Approval of Lead Plaintiffs Selection of Lead Counsel and Liaison Counsel filed by George Roberta, Lucia Roberta. (svc, ) (Entered: 10/25/2004)
2004-10-22 12 0 MOTION to Appoint Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) as Lead Plaintiff pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of Lead Counsel and Memorandum of Law in Support Thereof by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (svc, ) (Entered: 10/25/2004)
2004-10-22 13 0 Appendix in Support of 12 MOTION to Appoint Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) as Lead Plaintiff pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of Lead Counsel filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (svc, ) (Entered: 10/25/2004)
2004-10-22 14 0 AFFIDAVIT of Robert E Jenkins in support of 12 MOTION to Appoint Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) as Lead Plaintiff pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of Lead Counsel by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (svc, ) (Entered: 10/25/2004)
2004-11-01 15 0 ANSWER to Complaint by Barry Peckham.(klm, ) (Entered: 11/02/2004)
2004-11-02 16 0 ORDER: Defendant Barry Peckham filed an initial responsive pleading without a certificate of interested persons. No later than 20 days after this order is filed, defendant must comply with Rules 7.4 and 3.1(f) so that the court can ensure that recusal is not required in this case. (Signed by Judge Sidney A Fitzwater on 11/2/04) (klm, ) (Entered: 11/03/2004)
2004-11-12 17 0 Opposition re 9 the MOTION of George & Lucia Roberta to be appointed lead plaintiffs and for approval of lead plaintiffs' selection of lead counsel and liaison counsel filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (klm, ) (Entered: 11/15/2004)
2004-11-12 18 0 ORDER CONSOLIDATING CASES: Case consolidated with 3:04-CV-2156-D. All pleadings, motions, or other papers must be filed in 3:04-CV-1836-D and bear only the caption of that case, together with the legend required by Rule 42.1. (Signed by Judge Sidney A Fitzwater on 11/12/04) (klm, ) (Entered: 11/15/2004)
2004-11-18 19 0 CERTIFICATE OF INTERESTED PERSONS by Barry Peckham. (klm, ) (Entered: 11/18/2004)
2004-11-18 20 0 Statement of Non-Opposition to Motion re 12 MOTION to Appoint Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) as Lead Plaintiff Pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of Lead Counsel filed by Todd Fener, Debbie A Robbins, William Steinford. (klm, ) (Entered: 11/19/2004)
2004-11-22 21 0 NOTICE of withdrawal of 9 MOTION to be Appointed Lead Plaintiffs and for Approval of Lead Plaintiffs Selection of Lead Counsel and Liaison Counselby George Roberta, Lucia Roberta (svc, ) (Entered: 11/23/2004)
2004-11-23 22 0 ORDER granting 12 Motion to Appoint Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) as Lead Plaintiff pursuant to 21D(A)(3)(B) of the Securities Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of Lead Counsel and Memorandum of Law in Support Thereof. Operating Engineers is appointed lead pla. Lerach Coughlin Stoia et al is appointed as lead counsel and Vial Hamilton et al is appointed as liasion counsel. (Signed by Judge Sidney A Fitzwater on Nov 23, 2004) (jyg, ) (Entered: 11/24/2004)
2004-12-13 23 0 NOTICE of Attorney Appearance by Martin Burr McNamara on behalf of Belo Corporation, Robert W Decherd (klm, ) (Entered: 12/13/2004)
2005-01-13 24 0 Application and Order for Admission Pro Hac Vice by Henry Rosen for Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (Signed by Judge Jane J Boyle on 1/13/05) (klm, ) (Entered: 01/14/2005)
2005-01-13 25 0 Application and Order for Admission Pro Hac Vice by Erin P McDaniel for Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (Signed by Judge Jane J Boyle on 1/13/05) (klm, ) (Entered: 01/14/2005)
2005-01-18 26 0 UNOPPOSED MOTION for Additional Time to File and Serve a Consolidated Complaint by Todd Fener (svc, ) (Entered: 01/20/2005)
2005-01-19 27 0 ORDER granting 26 Unopposed Motion for Additional Time to File and Serve a Consolidated Complaint on or before 2/7/05. See order for details. (Signed by Judge Sidney A Fitzwater on Jan 19, 2005) (jyg, ) (Entered: 01/21/2005)
2005-02-07 28 0 AMENDED COMPLAINT against James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson, Belo Corporation, Robert W Decherd, Barry Peckham, filed by William Steinford, Todd Fener, Debbie A Robbins.(klm, ) Additional attachment(s) added on 2/9/2005 (klm, ). (Entered: 02/09/2005)
2005-02-07 29 0 Summons Issued as to James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (klm, ) (Entered: 02/09/2005)
2005-03-02 30 0 WAIVER OF SERVICE Returned Executed as to Dunia A. Shive. Waiver sent on 2/10/2005, answer due 4/11/2005. (klm, ) (Entered: 03/03/2005)
2005-03-02 31 0 WAIVER OF SERVICE Returned Executed as to John L Sander. Waiver sent on 2/10/2005, answer due 4/11/2005. (klm, ) (Entered: 03/03/2005)
2005-03-02 32 0 WAIVER OF SERVICE Returned Executed as to James M Moroney, III. Waiver sent on 2/10/2005, answer due 4/11/2005. (klm, ) (Entered: 03/03/2005)
2005-03-02 33 0 WAIVER OF SERVICE Returned Executed as to Dennis Williamson. Waiver sent on 2/10/2005, answer due 4/11/2005. (klm, ) (Entered: 03/03/2005)
2005-03-31 34 0 Unopposed MOTION to Modify the Briefing Schedule for Defendants' Response to Plaintiffs' Amended Complaint for Violation of the Federal Securities Laws by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (klm, ) (Entered: 04/01/2005)
2005-04-05 35 0 ORDER granting 34 Unopposed Motion to Answer or Respond. Defendants shall have until 4/29/05. (Signed by Judge Sidney A Fitzwater on 4/5/05) (klm, ) (Entered: 04/05/2005)
2005-04-08 36 0 Unopposed MOTION for Leave to File a First Amended Consolidated Complaint by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (klm, ) Additional attachment(s) added on 4/11/2005 (klm, ). (Entered: 04/11/2005)
2005-04-11 37 0 ORDER granting 36 Motion for Leave to File First Amended Complaint; amended complaint due in 10 days, dfts' answer or mtn to dismiss due 60 days following; any response brief filed by plas due 60 days from date of mtn to dismiss, any reply brief filed by dfts due 30 days from date of response. (Signed by Judge Sidney A Fitzwater on 4/11/05) (lrl, ) (Entered: 04/12/2005)
2005-04-21 38 0 FIRST AMENDED CONSOLIDATED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against Belo Corporation, filed by Todd Fener. (Attachments: # 1 Pages 31 - 60# 2 Pages 61 - 90# 3 Pages 91 - 107)(klm, ) (Entered: 04/22/2005)
2005-05-03 39 0 NOTICE OF WITHDRAWAL OF ATTORNEY (Erin P. McDaniel) by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (klm, ) (Entered: 05/04/2005)
2005-05-05 40 0 Application and Order for Admission Pro Hac Vice by Benny C Goodman, III for Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (Signed by Judge Sidney A Fitzwater on 5/5/05) (klm, ) (Entered: 05/06/2005)
2005-05-10 41 0 MOTION for Leave to Designate First Amended Consolidated Complaint, or, alternatively, to File Second Amended Consolidated Complaint by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (klm, ) Additional attachment(s) added on 5/11/2005 (klm, ). (Entered: 05/11/2005)
2005-05-16 42 0 NOTICE of Attorney Appearance by Joe Kendall, Willie Briscoe on behalf of Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (klm, ) (Entered: 05/18/2005)
2005-05-20 43 0 RESPONSE to Motion re 41 Lead Plaintiff's MOTION for Leave to Designate First Amended Consolidated Complaint, or, alternatively, to File Second Amended Consolidated Complaint filed by Belo Corporation, Robert W Decherd, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (klm, ) Additional attachment(s) added on 5/23/2005 (klm, ). (Entered: 05/23/2005)
2005-06-08 44 0 ORDER granting 41 Motion lead plaintiff Operating Engineers Construction Industry and Miscellaneous Pension Fund to designate the First Amended Consolidated Complaint filed on 4/21/05 as the First Amended Consolidated Complaint. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 6/8/05) (klm, ) (Entered: 06/09/2005)
2005-06-08 45 0 ***UNFILED PER COURT'S ORDER OF 6/22/05***SECOND AMENDED CONSOLIDATED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS against Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson, filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (Attachments: # 1 # 2)(klm, ) Modified on 6/23/2005 (klm, ). (Entered: 06/09/2005)
2005-06-22 46 0 ORDER: Counsel for lead plaintiff has advised the court by letter that plaintiffs proposed second amended consolidated complaint was filed in error on June 8, 2005, and requests that the pleading be unfiled and removed from the court's docket entries. The court directs the clerk of court to deem the second amended consolidated complaint unfiled. Defendants need only file an answer or motion to dismiss in response to the first amended consolidated complaint filed April 21, 2005. (Signed by Judge Sidney A Fitzwater on 6/22/05) (klm, ) Modified on 6/23/2005 (klm, ). (Entered: 06/23/2005)
2005-07-22 47 0 AGREED STIPULATION AND [PROPOSED] ORDER TO EXTEND PAGE LIMITATIONS: (see order for specifics) (Signed by Judge Sidney A Fitzwater on 7/22/05) (klm, ) (Entered: 07/25/2005)
2005-08-01 48 0 MOTION to Dismiss Plaintiff's First Amended Complaint by Belo Corporation, Robert W Decherd, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson and Brief in Support. (Attachments: # 1)(klm, ) (Entered: 08/01/2005)
2005-08-01 49 0 REQUEST TO TAKE JUDICIAL NOTICE by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson (klm, ) (Entered: 08/01/2005)
2005-08-01 50 0 MOTION to Stay Discovery in Derivative Action and Brief in Support by Belo Corporation, Robert W Decherd, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson (Attachments: # 1 # 2 # 3)(klm, ) (Entered: 08/01/2005)
2005-08-01 51 0 CERTIFICATE OF INTERESTED PERSONS by Belo Corporation, Robert W Decherd, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (klm, ) (Entered: 08/01/2005)
2005-08-01 52 0 Appendix in Support re 48 MOTION to Dismiss filed by Belo Corporation, Robert W Decherd, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (Attachments: # 1 Pages 41-80# 2 Pages 81-120# 3 Pages 121-160# 4 Pages 161-200# 5 Pages 201-240# 6 Pages 241-280# 7 Pages 281-320# 8 Pages 321-360# 9 Pages 361-400# 10 Pages 401-411)(kdc, ) (Entered: 08/04/2005)
2005-08-08 53 0 MOTION to Dismiss by Barry Peckham with brief in support. (Evans, Roger) (Entered: 08/08/2005)
2005-08-10 54 0 MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support by Barry Peckham (klm, ) (Entered: 08/11/2005)
2005-08-24 55 0 Memorandum of Law in Opposition re 50 Defendants' MOTION to Stay Discovery in Deriviative Action filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (Attachments: # 1)(klm, ) (Entered: 08/25/2005)
2005-09-08 56 0 REPLY to Opposition to Motion re 50 Defendants' MOTION to Stay Discovery in Derivative Action filed by Belo Corporation, Robert W Decherd, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (klm, ) (Entered: 09/09/2005)
2005-09-19 57 0 NOTICE of Change of Address effective 9/26/05 by William S Lerach, counsel for William Steinford, Todd Fener, Debbie A Robbins. New address is: 655 West Broadway, Suite 1900, San Diego, CA 92101. (klm, ) (Entered: 09/19/2005)
2005-09-29 58 0 Unopposed MOTION for Leave to File Overlength Brief in Opposition to Defendants Motions to Dismiss by Todd Fener (klm, ) (Entered: 09/29/2005)
2005-09-29 59 0 ORDER granting 58 Plaintiff's Unopposed Motion to File Overlength Brief in Opposition to Defendants Motions to Dismiss. (Signed by Judge Sidney A Fitzwater on 9/29/05) (klm, ) (Entered: 09/30/2005)
2005-09-30 60 0 ORDER granting 50 Defendant's Belo Corp., Robert W. Decherd, James M. Moroney III, John L. Sander, Dunia A. Shive and Dennis Williamson Motion to Stay Discovery. Until the court decides the pending motions to dismiss filed onAugust 1, 2005 by defendants Belo, et al., and on August 10, 2005 by defendant Barry Peckham, discovery in Drimmer ex rel. Belo Corporation v. Decherd, et al., Cause No. 05-05454, in the 191st Judicial District Court of Dallas County, Texas, is stayed. (Signed by Judge Sidney A Fitzwater on 9/30/05) (klm, ) (Entered: 09/30/2005)
2005-09-30 61 0 Plaintiff's Consolidated Opposition re 54 Defendants' MOTIONS to Dismiss Plaintiff's First Amended Complaint for Violations of Federal Securities Laws filed by William Steinford, Todd Fener, Debbie A Robbins. (Attachments: # 1)(klm, ) (Entered: 10/03/2005)
2005-09-30 62 0 Declaration of Benny C. Goodman in Support re 61 Plaintiff's Consolidated Opposition re Defendants' MOTIONS to Dismiss Plaintiff's First Amended Complaint for Violations of Federal Securities Laws and in Support of Plaintiff's Motion to Strike or, in the alternative, Motion to Convert Defendants' Motion to Dismiss into Motion for Summary Judgment (Attachments: # 1 # 2 # 3 # 4)(klm, ) (Entered: 10/03/2005)
2005-10-03 63 0 NOTICE of Filing of Discovery in Derivative Action by Belo Corporation, Robert W Decherd, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson (klm, ) (Entered: 10/03/2005)
2005-10-03 64 0 MOTION to Strike, or in the alternative, Motion to Convert 48 & 53 Defendants' MOTION to Dismiss into Motion for Summary Judgment and Memorandum of Law in Support by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (klm, ) (Entered: 10/04/2005)
2005-10-14 65 0 Agreed STIPULATION to Extend Time to File Response re 64 MOTION to Strike by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66), Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (klm, ) (Entered: 10/14/2005)
2005-10-14 66 0 ORDER: The parties' October 14, 2005 agreed stipulation is approved. Accordingly, defendants must file their response to lead plaintiff's October 3, 2005 motion to strike or convert no later than October 31, 2005, and lead plaintiff's reply brief is due within 15 days after the response is filed. Responses due by 10/31/2005 (Signed by Judge Sidney A Fitzwater on 10/14/05) (klm, ) (Entered: 10/14/2005)
2005-10-31 67 0 RESPONSE to Motion re 64 Plaintiff's MOTION to Strike, or in the alternative, MOTION to Convert Defendants' 53 MOTION to Dismiss into Motion for Summary Judgment filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (klm, ) (Entered: 11/01/2005)
2005-10-31 68 0 Reply in Support re 48 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (klm, ) (Entered: 11/01/2005)
2005-11-14 69 0 Reply Brief in Support re 64 Plaintiff's MOTION to Strike, or in the alternative, 48 MOTION to Convert Defendants', 53 MOTION to Dismiss into a Motion for Summary Judgment filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (klm, ) (Entered: 11/15/2005)
2006-03-30 70 0 Memorandum Opinion and Order granting Defendants' 48 Motion to Dismiss filed by Belo Corporation, Robert W Decherd, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson, 54 Motion to Dismiss filed by Barry Peckham, 53 Motion to Dismiss filed by Barry Peckham. (see order for specifics (Signed by Judge Sidney A Fitzwater on 3/30/06) (klm, ) (Entered: 03/30/2006)
2006-04-07 71 0 Application and Order for Admission Pro Hac Vice by Andrea N Salow for Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (Signed by Judge Sidney A Fitzwater on 4/7/06) (klm, ) (Entered: 04/10/2006)
2006-04-26 72 0 Unopposed MOTION for Extension of Time to File Second Amended Complaint for Violation of the Federal Securities Laws by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (klm, ) (Entered: 04/27/2006)
2006-04-27 73 0 ORDER granting 72 Lead Plaintiff's Motion for Extension of Time to File Second Amended Complaint for Violation of the Federal Securities Laws. Defendants may answer or respond to Lead Plaintiff's Second Amended Complaint within 45 days of service of the Second Amended Complaint. Amended Pleadings due by 5/12/2006. (Signed by Judge Sidney A Fitzwater on 4/27/06) (klm, ) (Entered: 04/27/2006)
2006-05-12 74 0 SECOND AMENDED CONSOLIDATED COMPLAINT against all defendants filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (Attachments: # 1 # 2 # 3)(klm, ) (Entered: 05/15/2006)
2006-06-05 75 0 AGREED STIPULATION AND [PROPOSED] ORDER TO EXTEND PAGE LIMITATIONS by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66), Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (klm, ) (Entered: 06/06/2006)
2006-06-06 76 0 ORDER: The parties' June 5, 2006 agreed stipulation to extend page limitations is approved. (Signed by Judge Sidney A Fitzwater on 6/6/06) (klm, ) (Entered: 06/06/2006)
2006-06-26 77 0 Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to 74 Second Amended Complaint by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson (klm, ) (Entered: 06/27/2006)
2006-06-27 78 0 ORDER granting 77 Defendants' Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Second Amended Complaint. Responses due by 7/13/2006 (Signed by Judge Sidney A Fitzwater on 6/27/06) (klm, ) (Entered: 06/28/2006)
2006-07-10 79 0 Unopposed Motion to Further Extend Time to File Answer or Otherwise Respond to Plaintiffs' Second Amended Complaint by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson (klm, ) (Entered: 07/10/2006)
2006-07-10 80 0 ORDER granting 79 Defendants' Unopposed Motion to further Extend Time for Defendants to Answer or Otherwise Respond to Plaintiffs' re 74 Second Amended Complaint Belo Corporation answer due 7/27/2006; Robert W Decherd answer due 7/27/2006; Barry Peckham answer due 7/27/2006; James M Moroney, III answer due 7/27/2006; John L Sander answer due 7/27/2006; Dunia A. Shive answer due 7/27/2006; Dennis Williamson answer due 7/27/2006. (Signed by Judge Sidney A Fitzwater on 7/10/06) (klm, ) (Entered: 07/11/2006)
2006-07-27 81 0 MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint and brief in support by Barry Peckham. (lmr, ) (Entered: 07/28/2006)
2006-07-27 82 0 Request to Take Judicial Notice by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (lmr, ) (Entered: 07/28/2006)
2006-07-27 83 0 MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint by Belo Corporation, Robert W Decherd, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson. (Attachments: # 1)(lmr, ) (Entered: 07/28/2006)
2006-07-27 84 0 Joint Appendix in Support filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson re 83 MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint.(not imaged, see record clerk)(cd attached to appendix) (lmr, ) Modified on 7/28/2006 (lmr, ). (Entered: 07/28/2006)
2006-08-01 85 0 NOTICE of Attorney Appearance by Randal G Mathis on behalf of Barry Peckham (nap, ) (Entered: 08/01/2006)
2006-09-01 86 0 Order Designating Case for ECF - see order for specifics. (Signed by Judge Sidney A Fitzwater on 09/01/2006) (tsc, ) (Entered: 09/01/2006)
2006-09-18 87 0 NOTICE OF MOTION AND MOTION to Extend Time to File Opposition to Defendants' Motions to Dismiss by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (Attachments: # 1 Text of Proposed Order Proposed Order)(Goodman, Benny) Modified on 9/19/2006 (lmr, ). (Entered: 09/18/2006)
2006-09-19 88 0 RESPONSE filed by Belo Corporation re 87 NOTICE OF MOTION AND MOTION to Extend Time to File Opposition to Defendants' Motions to Dismiss.(McNamara, Martin) Modified on 9/19/2006 (lmr, ). (Entered: 09/19/2006)
2006-09-21 89 0 REPLY filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) re 87 MOTION to Extend Time to File Opposition to Defendants' Motions to Dismiss (Goodman, Benny) (Entered: 09/21/2006)
2006-09-22 90 0 ORDER. Plaintiffs' September 18, 2006 motion for extension of time of 20 days to respond to defendants' motion to dismiss is granted. Re: Granting 87 Motion to Extend Time. (Signed by Judge Sidney A Fitzwater on 09/22/06) (lmr, ) (Entered: 09/25/2006)
2006-10-10 91 0 Consolidated Opposition filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) re 81 MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint, 83 MOTION to Dismiss Plaintiff's Second Amended Consolidated Complaint.(Goodman, Benny) Modified on 10/11/2006 (lmr, ). (Entered: 10/10/2006)
2006-11-09 92 0 Reply in Support filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson re 91 Response in Opposition, Reply in Support of Motion to Dismiss Plaintiffs' Second Amended Consolidated Complaint by Defendants Belo Corp., Robert W. Decherd, James M. Moroney III, John L Sander, Dunia A. Shive, Dennis Williamson and Barry Peckham (McNamara, Martin) Modified on 11/13/2006 (svc, ). (Entered: 11/09/2006)
2007-01-26 93 0 ORDER: The court sets the following motions for oral argument on Friday, March 9, 2007 at 2:00 p.m.: defendants July 27, 2006 motion to dismiss and July 27, 2006 request for take judicial notice, and defendant Barry Peckhams (Peckhams) July 27, 2006 motions to dismiss. Defendants and Peckham are allotted 30 collective minutes for argument. Set/Reset Deadlines as to 81 Motion to Dismiss, 83 Motion to Dismiss. Motion Hearing set for 3/9/2007 02:00 PM before Judge Sidney A Fitzwater. (Signed by Judge Sidney A Fitzwater on 01/26/07) (lmp) (Entered: 01/26/2007)
2007-05-18 94 0 Memorandum Opinion and Order. For the reasons stated, the court grants the motions to dismiss to the extent that it dismisses plaintiffs claims against defendants Sander, Shive, and Williamson. The court denies the motions to the extent they seek dismissal of defendants Belo, Decherd, Moroney, and Peckham. Re: 83 Motion to Dismiss filed by James M Moroney, III, Dennis Williamson, Belo Corporation, John L Sander, Robert W Decherd, Dunia A. Shive, 81 Motion to Dismiss filed by Barry Peckham.(see order for specifics) (Signed by Judge Sidney A Fitzwater on 05/18/07) (lmp) (Entered: 05/18/2007)
2007-05-18 95 0 JUDGMENT. For the reasons set out in a memorandum opinion and order filed today, it is ordered and adjudged that plaintiffs' actions against defendants John L. (Jack) Sander ("Sander"), Dunia A. Shive ("Shive"), and Dennis A. Williamson ("Williamson") are dismissed with prejudice. The taxable costs of court incurred by Sander, Shive, and Williamson, as calculated by the clerk of court, are assessed against plaintiffs.(see order for specifics) (Signed by Judge Sidney A Fitzwater on 05/18/07) (lmp) (Entered: 05/18/2007)
2007-05-25 96 0 ***PROPOSED ORDER***AGREED STIPULATION and [Proposed Order] for Extension of Time by Todd Fener, Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66), Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III. (McNamara, Martin) Modified on 5/29/2007 (lmp). (Entered: 05/25/2007)
2007-05-29 97 0 NOTICE of Attorney Appearance by Hamilton Lindley on behalf of Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (Lindley, Hamilton) (Entered: 05/29/2007)
2007-05-30 98 0 ORDER: The parties' May 25, 2007 agreed stipulation for extension of time is granted. Accordingly, defendants must file their answer to plaintiffs' second amended complaint no later than June 18, 2007. Plaintiffs must file their motion for class certification no later than 90 days after defendants file their answer. (Signed by Judge Sidney A Fitzwater on 05/30/07) (lmp) (Entered: 05/30/2007)
2007-06-18 99 0 ANSWER to Amended Complaint by Barry Peckham (Mathis, Randal) (Entered: 06/18/2007)
2007-06-18 100 0 Defendants' ANSWER to Second Amended Complaint for Violation of the Federal Securities Laws by Belo Corporation, Robert W Decherd, James M Moroney, III (McNamara, Martin) Modified text on 6/19/2007 (axm). (Entered: 06/18/2007)
2007-06-18 101 0 Application and Order for Admission Pro Hac Vice by Alexandra S Bernay for Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (Signed by Judge Sidney A Fitzwater on 06/18/2007) (axm) (Entered: 06/19/2007)
2007-07-20 102 0 MOTION for Reconsideration re 94 Memorandum Opinion and Order,, by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III (McNamara, Martin) (Entered: 07/20/2007)
2007-07-20 103 0 Request to Take Judicial Notice and MOTION for Leave to File Appendix in Support of Defendants' 102 Motion for Reconsideration by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III (McNamara, Martin) Modified on 7/23/2007 (npk). (Entered: 07/20/2007)
2007-07-20 104 0 ***PROPOSED DOCUMENT/ 103 MOTION FOR LEAVE*** Appendix in Support of 102 MOTION for Reconsideration re 94 Memorandum Opinion and Order filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III (Attachments: # 1 Appendix in Support of Motion for Reconsideration) (McNamara, Martin) Modified on 7/23/2007 (npk). (Entered: 07/20/2007)
2007-08-09 105 0 RESPONSE in Opposition filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) re 102 MOTION for Reconsideration re 94 Memorandum Opinion and Order Denying Defendants' Motion to Dismiss the Second Amended Consolidated Complaint (Bernay, Alexandra) (Entered: 08/09/2007)
2007-08-24 106 0 REPLY filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III re 102 MOTION for Reconsideration or Alternative Relief by Defendants. Re: 94 Memorandum Opinion and Order. (McNamara, Martin) Modified on 8/24/2007 (lmp). (Entered: 08/24/2007)
2007-09-08 107 0 NOTICE by Todd Fener, Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) Notice of Firm Name Change (Goodman, Benny) (Entered: 09/08/2007)
2007-09-17 108 0 First MOTION to Certify Class by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) with Brief/Memorandum in Support. (Attachments: # 1 Text of Proposed Order GRANTING LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION# 2 MEMORANDUM OF LAW IN SUPPORT OF LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION) (Bernay, Alexandra) (Entered: 09/17/2007)
2007-09-17 109 0 Declaration of Alexandra S Bernay in Support re 108 First MOTION to Certify Class by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6 of 1# 7 Exhibit 6 of 2# 8 Exhibit 6 of 3# 9 Exhibit 6 of 4# 10 Exhibit 6 of 5# 11 Exhibit 6 of 6# 12 Exhibit 7# 13 Exhibit 8# 14 Exhibit 9# 15 Exhibit 10# 16 Exhibit 11) (Bernay, Alexandra) Modified on 9/18/2007 (jyg). (Entered: 09/17/2007)
2007-09-17 110 0 Declaration of Robert T Jack in Support re 108 First MOTION to Certify Class DECLARATION OF ROBERT T. JACK IN SUPPORT OF LEAD PLAINTIFF'S MOTION FOR CLASS CERTIFICATION by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (Bernay, Alexandra) Modified on 9/18/2007 (jyg). (Entered: 09/17/2007)
2007-10-03 111 0 STIPULATION re 108 First MOTION to Certify Class by Belo Corporation, Robert W Decherd, James M Moroney, III Agreed Stipulation and [Proposed Order] For Extension of Time. (McNamara, Martin) (Entered: 10/03/2007)
2007-10-03 112 0 ORDER: The parties' October 3, 2007 agreed stipulation for extension of time is granted. Accordingly, defendants must file their response and brief to plaintiff's motion for class certification no later than October 26, 2007. Plaintiff's reply brief must be filed no later than November 16, 2007. (Signed by Judge Sidney A Fitzwater on 10/3/07) (skt) (Entered: 10/04/2007)
2007-10-26 113 0 RESPONSE filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III re 108 First MOTION to Certify Class Defendants' Response to Lead Plaintiff's Motion for Class Certification (Attachments: # 1 Appendix) (McNamara, Martin) (Entered: 10/26/2007)
2007-11-06 114 0 MOTION for Extension to File its Class Certification Reply Memorandum by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) with Brief/Memorandum in Support. (Attachments: # 1 Text of Proposed Order Granting Lead Plaintiff's Expedited Motion for Class-Relatd Discovery and Extension to File its Class Certification Reply Memorandum) (Bernay, Alexandra) Modified text on 11/7/2007 (klm). (Entered: 11/06/2007)
2007-11-06 115 0 AFFIDAVIT of Alexandra S. Bernay re 114 MOTION for Extension to File its Class Certification Reply Memorandum and Expedited Motion for Class-Related Discovery by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E) (Bernay, Alexandra) Modified text on 11/7/2007 (klm). (Entered: 11/06/2007)
2007-11-09 116 0 ***DOCKETED IN ERROR PER FILER--TO BE REFILED*** RESPONSE filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III re 114 MOTION for Extension of Time to File Response/Reply Memorandum in Support of Class Certification and Motion for Class-Related Discovery Defendants' Response to Lead Plaintiff's Expedited Motion for Class-Related Discovery and Extension to File its Class Certification Reply (Attachments: # 1 Appendix) (McNamara, Martin) Modified on 11/9/2007 (npk) (Entered: 11/09/2007)
2007-11-09 117 0 RESPONSE filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III re 114 MOTION for Class-Related Discovery and Extension to File its Class Certification Reply. (Attachments: # 1 Appendix) (McNamara, Martin) Modified on 11/9/2007 (klm). (Entered: 11/09/2007)
2007-11-13 118 0 REPLY Memorandum filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) In Support of MOTION for Class Related Discovery AND EXTENSION TO FILE ITS CLASS CERTIFICATION REPLY (Attachments: # 1 Affidavit of Alexandra S. Bernay in Support of Lead Plaintiff's Reply Memorandum in Support of Expedited Motion for Class Related Discovery and Extension to File its Class Certification Reply. # 2 Exhibit 1) (Bernay, Alexandra) Modified on 11/14/2007 (svc) (Entered: 11/13/2007)
2007-11-16 119 0 REPLY filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) re 108 First MOTION to Certify Class (Attachments: # 1 Affidavit of Alexandra S. Bernay in Support of Lead Plaintiff's Reply Memorandum in Support of Class Certification# 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# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L) (Bernay, Alexandra) (Entered: 11/16/2007)
2007-11-16 120 0 AFFIDAVIT re 119 Reply to Response to Motion, by Scott D. Hakala, Ph.D, CFA Regarding Market Efficiency and Loss Causation by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (Attachments: # 1 Exhibit A# 2 Exhibit B-1# 3 Exhibit B-2# 4 Exhibit B-3# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E) (Bernay, Alexandra) (Entered: 11/16/2007)
2007-11-26 121 0 Memorandum Opinion and Order denying 102 Motion for Reconsideration filed by Barry Peckham, James M Moroney, III, Belo Corporation, Robert W Decherd; denying without prejudice as moot Expedited Motion for Class-Related Discovery filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). See order for specifics. (Signed by Judge Sidney A Fitzwater on 11/26/2007) (axm) (Entered: 11/26/2007)
2007-12-21 122 0 MOTION to Strike 120 Declaration of Scott D. Hakala by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III (Attachments: # 1 Appendix of Exhibits in Support of Defendants' Motion to Strike the Declaration of Scott D. Hakala) (McNamara, Martin) Modified on 12/27/2007 (axm). (Entered: 12/21/2007)
2008-01-10 123 0 RESPONSE in Opposition filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) re 122 MOTION to Strike 120 Affidavit of Scott D. Hakala. (Attachments: # 1 Affidavit Declaration of Alexandra S. Bernay in Support of Opposition to Defendants' Motion to Strike the Declaration of Scott D. Hakala# 2 Exhibit 1# 3 Exhibit 2) (Bernay, Alexandra) Modified on 1/11/2008 (klm). (Entered: 01/10/2008)
2008-01-10 124 0 AFFIDAVIT re 123 Response in Opposition to Defendants' Motion to Strike the Declaration of Scott D. Hakala by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (Attachments: # 1 Exhibit D Part 1 of 4# 2 Exhibit D Part 2 of 4# 3 Exhibit D Part 3 of 4# 4 Exhibit D Part 4 of 4# 5 Exhibit F Part 1 of 4# 6 Exhibit F Part 2 of 4# 7 Exhibit F Part 3 of 4# 8 Exhibit F Part 4 of 4) (Bernay, Alexandra) Modified on 1/11/2008 (klm). (Entered: 01/10/2008)
2008-01-25 125 0 REPLY in Support filed by Belo Corporation re 122 MOTION to Strike 120 Declaration of Scott D. Hakala (McNamara, Martin) Modified on 1/28/2008 (jyg). (Entered: 01/25/2008)
2008-04-02 126 0 Memorandum Opinion and Order denying 108 Motion for Class Certification filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66), denying as moot 122 Motion to Strike filed by Barry Peckham, James M Moroney, III, Belo Corporation, Robert W Decherd. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 4/2/08) (klm) (Entered: 04/02/2008)
2008-04-09 127 0 Order for Scheduling Order Proposal: Proposed Scheduling Order due by 5/9/2008. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 4/9/08) (klm) (Entered: 04/09/2008)
2008-05-09 128 0 Joint STATUS REPORT and Scheduling Proposal filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66), Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III. (Rosen, Henry) (Entered: 05/09/2008)
2008-05-08 129 0 Application and Order for Admission Pro Hac Vice by Julie A Wilber for Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (Signed by Judge Sidney A Fitzwater on 5/8/08) (svc) (Entered: 05/13/2008)
2008-05-22 130 0 SCHEDULING ORDER: Amended Pleadings due by 3/1/2009. Discovery due by 8/1/2009. Joinder of Parties due by 3/1/2009. Motions due by 9/1/2009. Status Report due by 5/1/2009. See order for specifics. (Signed by Judge Sidney A Fitzwater on 5/22/08) (jrb) (Entered: 05/22/2008)
2008-06-17 131 0 USCA order that petition for leave to appeal under FRCvP 23(f) is granted; USCA case 08-10576. (lmp) Modified on 8/8/2008 (lrl). (Entered: 06/24/2008)
2008-06-24 132 0 NOTICE of Withdrawal of Attorney Andrea N. Williams filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) (Rosen, Henry) (Entered: 06/24/2008)
2008-07-08 133 0 TRANSCRIPT REQUEST by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) for proceedings held on March 9, 2007 before Judge Sidney A. Fitzwater. (Bernay, Alexandra) (Entered: 07/08/2008)
2008-07-09 134 0 TRANSCRIPT of Oral Argument Proceedings held on 3/9/2007 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela J. Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 7/30/2008. Redacted Transcript Deadline set for 8/11/2008. Release of Transcript Restriction set for 10/7/2008. (pjw) (Entered: 07/09/2008)
2008-07-18 135 0 ***DISREGARD - FILED IN ERROR***Record on Appeal Transmitted to USCA5 re 131 Notice of Appeal, - USCA5 Number: 08-10576. 15 vol. electronic record and 1 transcript, as well as 1 vol. electronic in 3:04cv1869-D and 1 vol. electronic record in 3:04cv2156-D. (jmr) Modified on 7/18/2008 (jmr). (Entered: 07/18/2008)
2008-07-24 136 0 Attorney Forwarding Receipt as to ROA. (svc) (Entered: 07/25/2008)
2008-09-09 137 0 Application and Order for Admission Pro Hac Vice by Tricia L McCormick for Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). (Signed by Judge Sidney A Fitzwater on 9/9/2008) (axm) (Entered: 09/10/2008)
2008-10-14 138 0 NOTICE of Firm Name Change filed by Todd Fener (Kendall, Joe) (Entered: 10/14/2008)
2008-10-16 139 0 MOTION to Stay Discovery filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III with Brief/Memorandum in Support. (McNamara, Martin) (Entered: 10/16/2008)
2008-10-20 140 0 NOTICE of Transfer of the Appellate Record to attorney for Belo Corporation, Robert W Decherd, James M Moroney, III, John L Sander, Dunia A. Shive, Dennis Williamson; re: 131 Notice of Appeal. (jmr) (Entered: 10/20/2008)
2008-11-05 141 0 RESPONSE in Opposition filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66) re 139 MOTION to Stay Discovery (Rosen, Henry) (Entered: 11/05/2008)
2008-11-20 142 0 Brief/Memorandum in Support filed by Belo Corporation, Robert W Decherd, Barry Peckham, James M Moroney, III re 139 MOTION to Stay Discovery . (Attachments: # 1 Appendix in Support of Reply Brief in Support of Motion to Stay Discovery by Defendants Belo Corp., Robert W. Decherd, James M. Moroney III and Barry Peckham) (McNamara, Martin) Modified on 11/21/2008 (klm). (Entered: 11/20/2008)
2008-12-02 143 0 ORDER granting 139 Motion to Stay Discovery. (See Order) (Ordered by Chief Judge Sidney A Fitzwater on 12/2/08) (skt) (Entered: 12/02/2008)
2009-09-10 144 0 ORDER of USCA5 as to 131 Notice of Appeal filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). The order denying class certification is AFFIRMED. (skt) Modified on 9/15/2009 (twd). (Entered: 09/14/2009)
2009-09-10 145 0 JUDGMENT/MANDATE of USCA5 as to 131 Notice of Appeal filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66). Issued as Mandate: 9/3/2009. It is ordered and adjudged that the judgment of the District Court is affirmed. It is further Ordered that appellant pay to appellees the costs on appeal to be taxed by the Clerk of this Court. (skt) (Entered: 09/14/2009)
2009-09-28 146 0 SCHEDULING ORDER: Joint proposal and status report due by 10/26/2009. (Ordered by Chief Judge Sidney A Fitzwater on 9/28/09) (Chief Judge Sidney A Fitzwater) (Entered: 09/28/2009)
2009-10-26 147 0 ELECTRONIC SCHEDULING ORDER: The parties' October 26, 2009 letter request is granted, and the joint proposal and status report is now due by 11/9/2009 (Ordered by Chief Judge Sidney A Fitzwater on 10/26/09) (Chief Judge Sidney A Fitzwater) (Entered: 10/26/2009)
2009-11-09 148 0 Unopposed MOTION to Dismiss Plaintiffs' Unopposed Motion for Dismissal of the Consolidated Action and Their Individual Actions and Claims With Prejudice filed by William Steinford, Todd Fener, Lucia Roberta, George Roberta, Operating Engineers Construction Industry and Miscellaneous Pension Fund (Local 66), Debbie A Robbins (Attachments: # 1 Text of Proposed Order Judgment and Order of Dismissal with Prejudice) (Rosen, Henry) (Entered: 11/09/2009)
2009-11-10 149 0 JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE. (See Order for specifics) (Ordered by Chief Judge Sidney A Fitzwater on 11/10/09) (skt) (Entered: 11/10/2009)