Plaintiff alleged that defendant Sidley, Austin, Brown & Wood, LLP committed legal malpractice when it issued a "more likely than not" opinion letter to indicate that the deductions arising from a tax saving strategy would be upheld when in fact such strategy should instead have been registered as a potentially abusive tax shelter.
The following documents for this case are available for you to view or download.
| Date Filed | # | Document Text |
|---|
| July 12, 2006 | 1 | NOTICE OF REMOVAL of complaint from: 11th Judicial Circuit Court, Miami-Dade County; FILING FEE $350.00 ; Magistrate Judge Bandstra (dg, Deputy Clerk) |
| July 14, 2006 | 2 | NOTICE of Pendency of Refiled Action. by Sidley, Austin, Brow (nt, Deputy Clerk) |
| July 19, 2006 | 3 | MOTION with memorandum in support by Sidley, Austin, Brow to dismiss complaint (nt, Deputy Clerk) |
| July 19, 2006 | 4 | MOTION by Sidley, Austin, Brow for Oral Argument on [3-1] motion to dismiss complaint (nt, Deputy Clerk) |
| July 19, 2006 | 5 | JOINT MOTION by Sidley, Austin, Brown for Brad Brian, Richard Drooyan, Jonathan Altman, Lisa Demsky, Aaron May, Julie Cantor to appear pro hac vice (nt, Deputy Clerk) |
| July 21, 2006 | 6 |  ORDER granting [5-1] motion for Brad Brian, Richard Drooyan, Jonathan Altman, Lisa Demsky, Aaron May, Julie Cantor to appear pro hac vice ( Signed by Judge Jose E. Martinez on 07/21/06) [EOD Date: 7/24/06] (nt, Deputy Clerk) |
| July 21, 2006 | 7 | ORDER Requring Parties to Meet and File Joint Scheduling Report and Proposed Order and Directing Parties to File Certificates of Interested Parties. ( Signed by Judge Jose E. Martinez on 07/20/06) [EOD Date: 7/24/06] (nt, Deputy Clerk) |
| July 27, 2006 | 8 | NOTICE of Filing Attached Proposed Order re: motion to dismiss by Sidley, Austin, Brow (nt, Deputy Clerk) |
| July 31, 2006 | 9 | NOTICE of Change of Address of Attorney by Mark J. Gainor (nt, Deputy Clerk) |
| August 1, 2006 | 10 | UNOPPOSED MOTION by Mark J. Gainor to extend time to respond to motion to dismiss (nt, Deputy Clerk) |
| August 3, 2006 | 11 | AGRRED MOTION by Sidley, Austin, Brow to allow exception to order requiring parties to meet in person (nt, Deputy Clerk) |
| August 4, 2006 | 12 | Certificate of Interested Persons and Corporate Disclosure Statement by Sidley, Austin, Brow (nt, Deputy Clerk) |
| August 3, 2006 | 13 | Certificate of Interested Parties and Corporate Disclosure Statement by Mark J. Gainor (nt, Deputy Clerk) |
| August 8, 2006 | 14 | ORDER granting [11-1] motion to allow exception to order requiring parties to meet in person ( Signed by Judge Jose E. Martinez on 8/7/06) [EOD Date: 8/9/06] (tb, Deputy Clerk) |
| August 10, 2006 | 15 | ORDER denying [4-1] motion for Oral Argument on [3-1] motion to dismiss complaint ( Signed by Judge Jose E. Martinez on 08/09/06) [EOD Date: 8/11/06] (nt, Deputy Clerk) |
| August 11, 2006 | 16 | ORDER Response to motion reset to 8/31/06 for [3-1] motion to dismiss complaint granting [10-1] motion to extend time to respond to motion to dismiss ( Signed by Judge Jose E. Martinez on 8/11/06) [EOD Date: 8/14/06] (hd, Deputy Clerk) |
| August 17, 2006 | 17 | MOTION by Mark J. Gainor for Richard Candelora to appear pro hac vice , and for waiver to designation of local counsel in the Southern District of Florida (nt, Deputy Clerk) |
| August 25, 2006 | 18 | JOINT Scheduling Report of Scheduling Meeting by Mark J. Gainor, Sidley, Austin, Brow (tb, Deputy Clerk) |
| September 7, 2006 | 19 | AGREED MOTION by Sidley, Austin, Brow to extend time to reply to opposition to motion to dismiss (nt, Deputy Clerk) |
| September 8, 2006 | 20 | AGREED MOTION by Mark J. Gainor to allow re-filing of memorandum in opposition to motion to dismiss and confirming requested extension of time to file reply brief (nt, Deputy Clerk) |
| September 8, 2006 | 21 | ORDER granting [17-1] motion for Richard Candelora to appear pro hac vice, granting [17-2] motion for waiver to designation of local counsel in the Southern District of Florida ( Signed by Judge Jose E. Martinez on 09/08/06) [EOD Date: 9/12/06] (nt, Deputy Clerk) |
| September 12, 2006 | 22 | ORDER granting [19-1] motion to extend time to reply to opposition to motion to dismiss ( Signed by Judge Jose E. Martinez on 9/11/06) [EOD Date: 9/13/06] (tb, Deputy Clerk) |
| September 25, 2006 | 23 | REPLY by Sidley, Austin, Brow to response to [3-1] motion to dismiss complaint (nt, Deputy Clerk) |
| October 5, 2006 | 24 | JOINT MOTION to Dismiss count IX (violation of the Florida Civil Remedies for Criminal Practices Act) without prejudice by Mark J. Gainor, Sidley, Austin, Brown & Wood, LLP. (lh) |
| December 5, 2006 | 25 | ORDER denying as moot 3 Motion to Dismiss, granting 24 Motion to Dismiss. Count IX of the complaint is dismissed without prejudice. Signed by Judge Jose E. Martinez on 12/4/06. (lk) |
| December 5, 2006 | 26 | ORDER GRANTING 24 MOTION to Dismiss count 9 1 Notice of Removal filed by Mark J. Gainor, Sidley, Austin, Brown & Wood, LLP, . Signed by Judge Jose E. Martinez on 12/5/06. (lk) |
| December 12, 2006 | 27 | SCHEDULING ORDER: ORDER REFERRING CASE to Mediation. 15 days to appoint mediator., ORDER REFERRING CASE to Magistrate Judge Ted E. Bandstra for Discovery; Jury Trial set for 10/29/2007 in Miami Division before Judge Jose E. Martinez. Calendar Call set for 10/25/2007 01:30 PM in Miami Division before Judge Jose E. Martinez.Signed by Judge Jose E. Martinez on 12/12/2006. (ls) |
| December 12, 2006 | 28 | ORDER REFERRING CASE to Magistrate Judge Ted E. Bandstra for Pretrial. Signed by Judge Jose E. Martinez on 12/12/2006. (ls) |
| December 19, 2006 | 29 | AGREED ORDER Approving the parties' stipulation of confidentiality. Signed by Judge Jose E. Martinez on 12/18/06. (lk) |
| December 21, 2006 | 30 | NOTICE by Sidley, Austin, Brown & Wood, LLP Defendant's Request for Electronic Service on Pro Hac Vice Counsel Through the CM/ECF System (Attachments: # 1)(Ezell, Katherine) |
| January 4, 2007 | 31 | ORDER GRANTING (D.E. 30)DEFENDANTS REQ. FOR ELECTRONIC SERVICE ON PRO HAC VICE COUNSEL THRU CM/ECF SYSTEM. Signed by Judge Ted E. Bandstra on 01-04-2007. (rg) |
| January 11, 2007 | 32 | MOTION to Appear Pro Hac Vice for Attorney Gabriel P. Sanchez, Filing Fee $75, Receipt #952902. (cw) |
| February 9, 2007 | 33 | NOTICE by Sidley, Austin, Brown & Wood, LLP Defendant Sidley Austin LLP's Notification of 90 Days Expiring (Ezell, Katherine) |
| February 9, 2007 | 34 | MOTION to Quash, MOTION for Protective Order by Rachlin Cohen & Holtz, L.L.P.. (Attachments: # 1 Exhibit Exhibit "A" to Motion to Quash)(Mandell, Lee) |
| February 27, 2007 | 35 | STIPULATION re 34 MOTION to Quash MOTION for Protective Order Joint Stipulation to Withdraw Rachlin Cohen & Holtz LLP's Motion to Quash, Motion for Protective Order Filed February 9, 2007 by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order Granting Joint Stipulation to Withdraw Rachlin Cohen & Holtz LLP's Motion to Quash, Motion for Protective Order)(Ezell, Katherine) |
| March 1, 2007 | 36 | ORDER APPROVING STIPULATION TO WITHDRAW. Signed by Judge Ted E. Bandstra on 3-1-2007 (rg) |
| March 2, 2007 | 37 | Plaintiff's MOTION for Leave to File Amended Complaint by Mark J. Gainor. (Attachments: # 1 Amended Complaint# 2 Order proposed granting motion for leave to amend complaint)(Wilkes, Richard) |
| March 2, 2007 | 38 | MEMORANDUM OF LAW in Support of Motion for Leave to Amend Complaint by Mark J. Gainor. (Wilkes, Richard) |
| March 7, 2007 | 39 | ORDER granting 37 Motion for Leave to File Amended Complaint;Signed by Judge Jose E. Martinez on 03/07/2007 (bs) |
| March 7, 2007 | 40 | AMENDED COMPLAINT against Arthur Andersen, LLP, Mark C. Klopfenstein, Michael S. Marx, Merrill Lynch & Co., Inc., P. Anthony Nissley, R. J. Ruble, Sidley, Austin, Brown & Wood, LLP, filed by Mark J. Gainor.(bs) |
| March 13, 2007 | 41 | ORDER granting 32 Motion to Appear Pro Hac Vice.Signed by Judge Jose E. Martinez on 3/13/07 (lk) |
| March 13, 2007 | 42 | ORDER denying as moot 20 Motion for Leave to File. Signed by Judge Jose E. Martinez on 3/13/07 (lk) |
| March 15, 2007 | 43 | Joint MOTION to Vacate Joint Motion of Plaintiff Mark J. Gainor and Defendant Sidley Austin L.L.P. to Vacate Current Pretrial Schedule in Light of the Filing of Plaintiffs' Amended Complaint and Agreed Motion for Enlargement of Time for Sidley Austin LLP to Respond to Amended Complaint by Mark J. Gainor, Sidley, Austin, Brown & Wood, LLP. Responses due by 3/29/2007 (Attachments: # 1 Text of Proposed Order)(Ezell, Katherine) |
| March 15, 2007 | 44 | Summons Issued as to Merrill Lynch & Co., Inc., R. J. Ruble. (pa) |
| March 20, 2007 | 45 | Summons Issued as to Arthur Andersen, LLP, Michael S. Marx, P. Anthony Nissley. (pa) |
| March 22, 2007 | 46 | ORDER granting 43 Motion to Vacate pretrial and trial deadlines, and motion to extend time to comply with Order requiring parties to meet and file a joint scheduling report within 30 days or on or before 3/22/07.Signed by Judge Jose E. Martinez on 3/22/07. (lk) |
| April 5, 2007 | 47 | Summons Issued as to Mark C. Klopfenstein. (pa) |
| April 12, 2007 | 48 | Unopposed MOTION for Extension of Time to File Answer by Merrill Lynch & Co., Inc.. (Attachments: # 1 Text of Proposed Order Order on Motion for Enlargement)(Stern, Coren) |
| April 13, 2007 | 49 | Defendant's MOTION for Extension of Time to File Answer re 40 Amended Complaint (Unopposed) by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order Granting Defendant Sidley's Motion for Enlargement of Time)(Ezell, Katherine) |
| April 16, 2007 | 50 | ORDER granting 49 UNOPPOSED Motion for Extension of Time to Answer in re 40 Amended Complaint Sidley, Austin, Brown & Wood, LLP. Answer due 5/11/2007. Signed by Judge Jose E. Martinez on 4/16/07. (lk) |
| April 16, 2007 | 51 | ORDER granting 48 Motion for Extension of Time to Answer re 40 Amended Complaint Merrill Lynch & Co., Inc. Answer due 5/11/2007. Signed by Judge Jose E. Martinez on 4/16/07. (lk) |
| April 25, 2007 | 52 | MOTION for Joinder by Merrill Lynch & Co., Inc.. (Attachments: # 1 Text of Proposed Order Order on Joinder)(Stern, Coren) |
| May 1, 2007 | 53 | ORDER granting 52 Motion for Joinder Signed by Magistrate Judge Ted E. Bandstra on 4-30-2007. (rg) |
| May 1, 2007 | 54 | First MOTION for Extension of Time to File Response/Reply as to 40 Amended Complaint by Mark C. Klopfenstein. (Morgan, Richard) |
| May 2, 2007 | 55 | Defendant Mark C. Klopfenstein's MOTION for Admission Pro Hac Vice of Stephen J. Anderson, Filing Fee $75, Receipt #958891. (cw) |
| May 11, 2007 | 56 | Agreed MOTION allowing exception to order requiring parties to meet in person by Mark J. Gainor. (Attachments: # 1 Text of Proposed Order Order granting motion to allow exception to order requiring parties to meet in person)(Wilkes, Richard) |
| May 11, 2007 | 57 | Agreed MOTION for Extension of Time to File Answer by Merrill Lynch & Co., Inc.. (Attachments: # 1 Text of Proposed Order Order on Motion for Enlargement)(Stern, Coren) |
| May 11, 2007 | 58 | Answer to Amended Complaint and Demand for Jury Trial ANSWER to Complaint with Jury Demand by Sidley, Austin, Brown & Wood, LLP.(Ezell, Katherine) |
| May 15, 2007 | 59 | ORDER granting 56 Motion. Signed by Judge Jose E. Martinez on 5/15/07. (gw) |
| May 15, 2007 | 60 | ORDER granting 57 Motion for Extension of Time to Answer Merrill Lynch & Co., Inc. Answer due 5/22/2007. Signed by Judge Jose E. Martinez on 5/15/07. (gw) |
| May 16, 2007 | 61 | ORDER granting 55 Motion to Appear Pro Hac Vice Signed by Judge Jose E. Martinez on 5/15/07. (gw) |
| May 21, 2007 | 62 | First MOTION for Extension of Time to File Answer to Plaintiffs' Amended Complaint by Arthur Andersen, LLP. (Attachments: # 1 Exhibit Proposed Order Granting Defendant's Motion for Enlargement of Time to Respond to Plaintiff's Amended Complaint)(Austin, Michael) |
| May 22, 2007 | 63 | ANSWER to Amended Complaint, First COUNTERCLAIM against Mark J. Gainor, Elyse Gainor by Mark C. Klopfenstein.(Morgan, Richard) |
| May 22, 2007 | 64 | SCHEDULING REPORT- Rule 26(f). (Attachments: # 1 Exhibit A - Pretrial Deadlines and Trial Date# 2 Exhibit B - Election to Jurisdiction by a US Magistrate Judge# 3 Text of Proposed Order Joint Proposed Scheduling Order)(Wilkes, Richard) |
| May 22, 2007 | 65 | Unopposed MOTION for Extension of Time to File Answer by Merrill Lynch & Co., Inc.. (Attachments: # 1 Text of Proposed Order Order Granting Enlargement)(Stern, Coren) |
| May 22, 2007 | 66 | MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support by P. Anthony Nissley. Responses due by 6/6/2007 (Attachments: # 1 Exhibit 1)(Austin, Michael) |
| May 22, 2007 | 67 | MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support by Michael S. Marx. Responses due by 6/6/2007 (Attachments: # 1 Exhibit 1)(Austin, Michael) |
| May 29, 2007 | 68 | MOTION to Dismiss 40 Amended Complaint by Merrill Lynch & Co., Inc.. Responses due by 6/12/2007 (Stern, Coren) |
| May 29, 2007 | 69 | REPORT of Mediation Disposition: impasse(tb) |
| May 30, 2007 | 70 | MOTION for Douglas E. Whitney, Esq. to Appear Pro Hac Vice on Behalf of Defendants Arthur Andersen LLP, David S. Marx and P. Anthony Nissley, Filing Fee $75, Receipt #960505. (cw) |
| May 31, 2007 | 71 | MOTION for Extension of Time to File Response to Marx and Nissley's Motions to Dismiss by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order granting enlargement of time)(Wilkes, Richard) |
| May 31, 2007 | 72 | Defendant's MOTION for Extension of Time to Amend 58 Answer to Complaint As of Right and Certification Pursuant to S.D.L.R. 7.1.A.3 by Sidley, Austin, Brown & Wood, LLP. Responses due by 6/14/2007 (Attachments: # 1 Certificate of Service# 2 Text of Proposed Order)(Ezell, Katherine) |
| June 5, 2007 | 73 | ORDER granting 70 Motion For Douglas E. Whitney to Appear Pro Hac Vice. Signed by Judge Jose E. Martinez on 6/5/07. (gw) |
| June 11, 2007 | 74 | MOTION for Extension of Time to File Response to Merrill Lynch & Co., Inc.'s motion to dismiss by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order granting extension of time)(Wilkes, Richard) |
| June 11, 2007 | 75 | RESPONSE Reply and Defenses to Counterclaim filed by Mark J. Gainor, Elyse Gainor, Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| June 13, 2007 | 76 | ORDER SETTING CIVIL TRIAL DATE & PRETRIAL SCHEDULE: Jury Trial set for 1/22/2008 09:30 AM in Miami Division before Judge Jose E. Martinez. Calendar Call set for 1/17/2008 01:30 PM in Miami Division before Judge Jose E. Martinez.Signed by Judge Jose E. Martinez on 6/13/2007.(wh) |
| June 14, 2007 | 77 | ORDER granting 74 Motion for Extension of Time to Response to re 68 MOTION to Dismiss 40 Amended Complaint. Responses due by 7/12/2007Signed by Judge Jose E. Martinez on 6/13/07. (gw) |
| June 14, 2007 | 78 | ORDER REFERRING CASE to Magistrate Judge Ted E. Bandstra for consent matters. Signed by Judge Jose E. Martinez on 6/13/07.(gw) |
| June 14, 2007 | 82 | Amended ANSWER to Amended Complaint and Demand For Jury Trial by Sidley, Austin, Brown & Wood, LLP.(Ezell, Katherine) |
| June 26, 2007 | 83 | Agreed MOTION for Extension of Time to File Response to Arthur Andersen's Motion to Dismiss by Mark J. Gainor, Elyse Gainor. (Attachments: # 1)(Wilkes, Richard) |
| June 27, 2007 | 84 | ORDER REFERRING MOTION to Magistrate Judge Ted E. Bandstra 68 MOTION to Dismiss 40 Amended Complaint filed by Merrill Lynch & Co., Inc., Signed by Judge Jordan for Judge Jose E. Martinez on 6/26/07.(lk) |
| June 27, 2007 | 85 | ORDER granting motion to file motion to dismiss and supporting documents under seal until this case is closed re [79] Sealed Document, [80] Sealed Document, [81] Sealed Document.Signed by Judge Jose E. Martinez on 6/21/07.(nt) |
| July 3, 2007 | 86 | ORDER granting 83 Motion for Extension of Time to Response re 68 MOTION to Dismiss 40 Amended Complaint, 66 MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support, 67 MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support Responses due by 7/11/2007 Replies due by 7/25/2007.Signed by Judge Alan S. Gold for Judge Martinez on 7/2/07. (lk) |
| July 3, 2007 | 87 | ORDER granting 72 Motion for Extension of Time to Amend its answer as of right. Signed by Judge Jose E. Martinez on 7/3/07. (lk) |
| July 5, 2007 | 88 | MOTION for Extension of Time to File Serve Defendant, R.J. Ruble by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order on motion for extension of time to serve Defendant, R.J. Ruble)(Wilkes, Richard) |
| July 5, 2007 | 89 | MOTION to Strike 82 Answer to Amended Complaint Portions by Mark J. Gainor, Elyse Gainor. Responses due by 7/19/2007 (Wilkes, Richard) |
| July 10, 2007 | 90 | ORDER granting in part and denying in part 88 Motion for Extension of Time to serve defendant R.J. Ruble. Signed by Judge Jordan for Judge Jose E. Martinez on 7/9/07. (lk) |
| July 11, 2007 | 91 | MEMORANDUM OF LAW in Opposition to Arthur Andersen's Motion to Dismiss by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit A)(Wilkes, Richard) |
| July 11, 2007 | 92 | Plaintiff's MOTION for Leave to File Response Memoranda and Supporting Affidavit by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order Motion to File Under Seal)(Wilkes, Richard) |
| July 11, 2007 | 93 | Plaintiff's MOTION to Compel responses to request for production and deposition dates of AA, Marx and Nissley by Mark J. Gainor, Elyse Gainor. Responses due by 7/25/2007 (Attachments: # 1 Exhibit A-C# 2 Text of Proposed Order on Motion to Compel AA, Marx and Nissley)(Wilkes, Richard) |
| July 11, 2007 | 94 | MEMORANDUM OF LAW in Support of Motion to Compel AA, Marx and Nissley to respond to request for production and deposition dates by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| July 11, 2007 | 95 | Plaintiff's MOTION to Compel Arthur Andersen and Merrill Lynch to Produce Initial Disclosures in Compliance with Rule 26(a) by Mark J. Gainor, Elyse Gainor. Responses due by 7/25/2007 (Attachments: # 1 Exhibit A-B# 2 Text of Proposed Order on Motion to Compel AA and Merrill Lynch to comply with Rule 26(a))(Wilkes, Richard) |
| July 11, 2007 | 96 | MEMORANDUM OF LAW in Support of Motion to Compel Arthur Andersen and Merrill Lynch to Produce Initial Disclosures in Compliance with Rule 26(a) by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| July 11, 2007 | 97 | MEMORANDUM OF LAW in Opposition to Marx' Motion to Dismiss by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| July 11, 2007 | 98 | MEMORANDUM OF LAW in Opposition to Nissley's Motion to Dismiss by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| July 11, 2007 | 99 | NOTICE by Mark J. Gainor, Elyse Gainor of Filing Affidavit of Mark Gainor (Attachments: # (1) Exhibit A)(Wilkes, Richard) Additional attachment(s) added on 7/30/2007 (bs). Additional attachment(s) added on 7/30/2007 (bs). |
| July 12, 2007 | 100 | MEMORANDUM OF LAW in Opposition to Merrill Lynch & Co., Inc.'s Motion to Dismiss by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| July 16, 2007 | 102 | Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin by Mark J. Gainor, Elyse Gainor. Responses due by 7/30/2007 (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 Exhibit J# 11 Text of Proposed Order on Motion to Compel responses to discovery from Sidley)(Wilkes, Richard) |
| July 16, 2007 | 103 | MEMORANDUM in Support re 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| July 18, 2007 | 104 | MOTION for Extension of Time to File Reply In Support of Their Motions to Dismiss and Respond to Plaintiffs' Motions to Compel by Arthur Andersen, LLP, Michael S. Marx, P. Anthony Nissley. (Attachments: # 1 Text of Proposed Order)(Austin, Michael) |
| July 18, 2007 | 105 | MOTION for Jocelyn D. Francoeur, Esq. to Appear Pro Hac Vice on Behalf of Defendants Arthur Andersen LLP, Michael S. Marx and P. Anthony Nissley, Filing Fee $75, Receipt #963361. (cw) |
| July 19, 2007 | 106 | RESPONSE in Opposition re 89 MOTION to Strike 82 Answer to Amended Complaint Portions Defendant Sidley Austin LLP's Opposition to Plaintiffs' Motion to Strike Portions of Sidley Austin's Answer filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine) |
| July 23, 2007 | 107 | ORDER granting 105 Motion to Appear Pro Hac Vice-Jocelyn D. Francoeur. Signed by Judge Adalberto Jordan on 7/20/07. (lk) |
| July 23, 2007 | 108 | MEMORANDUM in Support re 100 Memorandum of Law, 68 MOTION to Dismiss 40 Amended Complaint filed by Merrill Lynch & Co., Inc.. (Stern, Coren) |
| July 25, 2007 | 109 | Unopposed MOTION for Extension of Time to File Response as to 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin Defendant Sidley Austin LLP's Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Motion to Compel Full and Complete Responses to Discovery From Defendant Sidley Austin Brown & Wood by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order granting unopposed motion to respond)(Ezell, Katherine) |
| July 25, 2007 | 110 | ORDER granting in part and denying in part 92 Motion for Leave to File documents UNDER SEAL.Signed by Judge Jose E. Martinez on 7/25/07. (lk) |
| July 26, 2007 | 111 | ORDER granting 104 Motion for Extension of Time to Response re 104 MOTION for Extension of Time to File Reply In Support of Their Motions to Dismiss and Respond to Plaintiffs' Motions to Compel Replies due by 8/8/2007.Signed by Magistrate Judge Ted E. Bandstra on 7-26-2007. (rg) |
| July 26, 2007 | 112 | Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order)(Ezell, Katherine) |
| July 26, 2007 | 113 | Statement of: Undisputed Material Facts in Support of its Motion for Partial Summary Judgment Defendant Sidley Austin LLP's Separate Statement of Undisputed Material Facts in Support of its Motion for Partial Summary Judgment on Damages by Sidley, Austin, Brown & Wood, LLP re 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages. (Ezell, Katherine) |
| July 26, 2007 | 114 | DECLARATION OF TAKING of Declaration of Gabriel P. Sanchez in Support of Defendant Sidley Austin LLP's Motion for Partial Summary Judgment by Sidley, Austin, Brown & Wood, LLP.. (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# 18 Exhibit Exhibit R# 19 Exhibit Exhibit S# (20) Exhibit Exhibit T# 21 Exhibit Exhibit U# 22 Exhibit Exhibit V# 23 Exhibit Exhibit W# 24 Exhibit Exhibit X# 25 Exhibit Exhibit Y# (26) Exhibit Exhibit Z# (27) Exhibit Exhibit AA# (28) Exhibit Exhibit BB# 29 Exhibit Exhibit CC# 30 Exhibit Exhibit DD# (31) Errata Exhibit EE# (32) Exhibit Exhibit FF)(Ezell, Katherine) Additional attachment(s) added on 8/3/2007 (tb). |
| July 27, 2007 | 115 | ORDER granting 109 Motion for Extension of Time to Response re 109 Unopposed MOTION for Extension of Time to File Response as to 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin Defendant Sidley Austin LLP's Unopposed Motion for Enlargement of Time to Re Replies due by 8/13/2007.Signed by Magistrate Judge Ted E. Bandstra on 7-27-2007. (rg) |
| July 27, 2007 | 116 | Unopposed MOTION to Amend/Correct Remove Scanned Images by Sidley, Austin, Brown & Wood, LLP. Responses due by 8/10/2007 (Ezell, Katherine) |
| July 30, 2007 | 117 | AMENDED ORDER granting in part and denying in part 92 Plaintiff's MOTION for Leave to File ; Clerk is directed to remove the affidavit to 99 Notice ; Signed by Judge Adalberto Jordan on 07/26/2007.(bs) |
| July 30, 2007 | 119 | MEMORANDUM in Opposition re 67 MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support re: Michael S. Marx filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| July 30, 2007 | 120 | MEMORANDUM in Opposition re 66 MOTION to Dismiss 40 Amended Complaint for Lack of Personal Jurisdiction and Incorporated Memorandum of Law in Support re: P. Anthony Nissley filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| July 30, 2007 | 121 | MEMORANDUM in Opposition re [79] Sealed Document, [80] Sealed Document, [81] Sealed Document to Arthur Andersen's Motion to Dismiss filed by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit A)(Wilkes, Richard) |
| July 30, 2007 | 122 | RESPONSE to Motion re 95 Plaintiff's MOTION to Compel Arthur Andersen and Merrill Lynch to Produce Initial Disclosures in Compliance with Rule 26(a) filed by Merrill Lynch & Co., Inc.. Replies due by 8/6/2007. (Stern, Coren) |
| July 30, 2007 | 123 | Amended MOTION to Amend/Correct 116 Unopposed MOTION to Amend/Correct Remove Scanned Images Defendant Sidley Austin LLP's Amended Unopposed Motion to Remove Scanned Images Adding Exhibit "BB" by Sidley, Austin, Brown & Wood, LLP. Responses due by 8/13/2007 (Attachments: # 1 Text of Proposed Order Amended Order Granting Defendant Sidley Austin LLP's Unopposed Motion to Remove Scanned Images Adding Exhibit "BB")(Ezell, Katherine) |
| July 30, 2007 | 124 | NOTICE by Merrill Lynch & Co., Inc. of Filing Exhibit A to Response to Plaintiffs' Motion to Compel Compliance with Rule 26(a) (Stern, Coren) |
| August 1, 2007 | 125 | Document should have been filed under seal, image removed. Additional attachment(s) added on 8/1/2007 (yc). |
| August 1, 2007 | 127 | REPLY to Response to Motion re 89 MOTION to Strike 82 Answer to Amended Complaint Portions filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| August 2, 2007 | 128 | NOTICE by Mark J. Gainor, Elyse Gainor of Filing (Attachments: # 1 Affidavit of Due Diligence re: service attempts on Ruble)(Wilkes, Richard) |
| August 2, 2007 | 129 | ORDER granting 123 Motion to remove scanned images. Signed by Judge Adalberto Jordan on 7/31?07. (lk) |
| August 3, 2007 | 132 | ALIAS Summons Issued as to R. J. Ruble. (lk) |
| August 6, 2007 | 135 | STIPULATION re 89 MOTION to Strike 82 Answer to Amended Complaint Portions Joint Stipulation to Withdraw Plaintiffs' Motion to Strike Portions of Defendant Sidley Austin LLP's Amended Answer, Filed On July 5, 2007; and to Amend Sidley Austin LLP's Amended Answer by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order Granting Joint Stipulation to Withdraw Plaintiffs' Motion to Strike Portions of Defendant Sidley Austin LLP's Amended Answer, Filed on July 5, 2007; and to Amend Sidley Austin LLP's Amended Answer)(Ezell, Katherine) |
| August 6, 2007 | 136 | REPLY to Response to Motion re 95 Plaintiff's MOTION to Compel Arthur Andersen and Merrill Lynch to Produce Initial Disclosures in Compliance with Rule 26(a) filed by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit A)(Wilkes, Richard) |
| August 6, 2007 | 137 | NOTICE by Mark J. Gainor, Elyse Gainor, Elyse Gainor of Service (Attachments: # 1 Attachment 1 - Alias Summons Ruble# 2 Attachment 2 - Amended Complaint)(Wilkes, Richard) |
| August 7, 2007 | 138 | NOTICE by Mark J. Gainor, Elyse Gainor of Filing Affidavit of Compliance regarding service on R.J. Ruble (Attachments: # 1 Affidavit of Compliance regarding service on R.J. Ruble)(Wilkes, Richard) |
| August 7, 2007 | 139 | NOTICE by Mark J. Gainor, Elyse Gainor of Appearance by Richard Gilbert of de la Parte & Gilbert as co-counsel for Plaintiffs (Wilkes, Richard) |
| August 8, 2007 | 141 | ORDER GRANTING 135 Stipulation,, filed by Sidley, Austin, Brown & Wood, LLP, WITHDRAWING 89 MOTION to Strike 82 Answer to Amended Complaint Portions filed by Mark J. Gainor,, Elyse Gainor, Signed by Judge Jose E. Martinez on 8/7/07.(lk) |
| August 8, 2007 | 142 | MOTION for Extension of Time to File Response as to 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order granting unopposed motion for extension of time to respond to Sidley's motion for partial summary judgment on damages)(Wilkes, Richard) |
| August 8, 2007 | 143 | Agreed MOTION for Extension of Time to File Reply Arthur Andersen LLP's, Marx's and Nissley's Agreed Motion for Additional Time to File Replies in Support of their Motions to Dismiss and Respond to Plaintiffs' Motions to Compel by Arthur Andersen, LLP, Michael S. Marx, P. Anthony Nissley. (Attachments: # 1 Text of Proposed Order)(Austin, Michael) |
| August 9, 2007 | 144 | ORDER granting 143 Motion for Extension of Time to Reply re 143 Agreed MOTION for Extension of Time to File Reply Arthur Andersen LLP's, Marx's and Nissley's Agreed Motion for Additional Time to File Replies in Support of their Motions to Dismiss and Respond to Plaintiffs' Motions to Compel |
| August 10, 2007 | 145 | NOTICE of Attorney Appearance by William Frederic Jung on behalf of R. J. Ruble (Jung, William) |
| August 10, 2007 | 147 | NOTICE by Sidley, Austin, Brown & Wood, LLP Notice of Filing (Attachments: # 1 Exhibit "G"# 2 Exhibit "Z"# 3 Exhibit "AA"# 4 Exhibit "BB"# 5 Exhibit "EE"# 6 Exhibit "FF")(Ezell, Katherine) |
| August 13, 2007 | 148 | ORDER granting 112 Motion for Partial Summary Judgment until 8/23/07.Signed by Judge Jose E. Martinez on 8/9/07. (lk) |
| August 13, 2007 | 149 | RESPONSE in Opposition re 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine) |
| August 14, 2007 | 150 | ORDER granting 142 Motion for Extension of Time to file response to [DE 112] motion for partial summary judgment. Signed by Judge Jose E. Martinez on 8/9/07. (lk) |
| August 16, 2007 | 152 | ORDER DENYING AS MOOT re [131] Sealed Document.Signed by Judge Jose E. Martinez on 8/15/07.(lk) |
| August 17, 2007 | 153 | Second Amended ANSWER to Amended Complaint and Demand for Jury Trial by Sidley, Austin, Brown & Wood, LLP.(Ezell, Katherine) |
| August 20, 2007 | 154 | NOTICE by Mark J. Gainor, Elyse Gainor of Filing regarding service on R.J. Ruble (Attachments: # 1 Certified mail receipt and DOS acceptance of service)(Wilkes, Richard) |
| August 20, 2007 | 155 | REPLY to Response to Motion re 102 Plaintiff's MOTION to Compel Full and Complete Responses to Discovery from Sidley Austin filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| August 21, 2007 | 156 | ACKNOWLEDGEMENT OF SERVICE Executed for R.J. Ruble through the Flrodia Department of State Acknowledgement filed by Mark J. Gainor, Elyse Gainor.(Attachments: # 1 copy of service upon DOS from DE #128 and (2) copy of affidavit re:service from DE # 137). Re-docketed using 128, 137 and 154.(gw) Modified on 8/21/2007 to change the DE#'s on the attachments.(gw). |
| August 22, 2007 | 158 | Defendant's MOTION for Extension of Time to File Reply Defendant Sidley Austin LLP's Unopposed Motion for Enlargement of Time to Reply to Plaintiffs' Opposition to Defendant Sidley Austin's Motion for Partial Summary Judgment and Certificate of Compliance with Local Rule 7.1.A.3 by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order Granting Defendant Sidley Austin LLP's Unopposed Motion for Enlargement of Time to Reply to Plaintiffs' Opposition to Sidley Austin's Motion for Partial Summary Judgment on Damages)(Ezell, Katherine) |
| August 22, 2007 | 159 | NOTICE by Mark J. Gainor, Elyse Gainor of Filing second Affidavit of Compliance regarding service on R.J. Ruble (Attachments: # 1 Affidavit of Compliance)(Wilkes, Richard) |
| August 23, 2007 | 160 | MEMORANDUM in Opposition re 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages filed by Mark J. Gainor, Elyse Gainor. (Wilkes, Richard) |
| August 23, 2007 | 161 | DECLARATION OF TAKING of Richard Candelora in Opposition to Sidley Austin's Motion for Partial Summary Judgment by Mark J. Gainor, Elyse Gainor.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3-14)(Wilkes, Richard) |
| August 23, 2007 | 162 | NOTICE by Mark J. Gainor, Elyse Gainor of Filing Affidavit of Mark Gainor (Attachments: # 1 Affidavit of Mark Gainor)(Wilkes, Richard) |
| August 24, 2007 | 164 | NOTICE of Settlement Joint Notice of Settlement of Claims Against Arthur Andersen LLP, Michael S. Marx and P. Anthony Nissley by Mark J. Gainor, Arthur Andersen, LLP, Michael S. Marx, P. Anthony Nissley, Elyse Gainor (Austin, Michael) |
| August 24, 2007 | 165 | ORDER granting 158 Motion for Extension of Time to Reply in suppor of its motion for partial summary judgment, Signed by Judge Jose E. Martinez on 8/24/07. (lk) |
| August 27, 2007 | 166 | MOTION to Stay and Memorandum Pending Ruble's October 16 Criminal Trial by R. J. Ruble. Responses due by 9/11/2007 (Jung, William) |
| August 29, 2007 | 167 | ORDER in re 164 Notice of Settlement filed by Arthur Andersen, LLP, Mark J. Gainor, Michael S. Marx, P. Anthony Nissley, Elyse Gainor. All pending motions involving plaintiffs and Andersen defendants are DENIED AS MOOT. Signed by Judge Jose E. Martinez on 8/28/07.(lk) |
| August 29, 2007 | 168 | Plaintiff's MOTION for Extension of Time to File Response to R.J. Ruble's Motion to Stay by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order on motion for extension)(Wilkes, Richard) |
| September 4, 2007 | 169 | NOTICE by Mark J. Gainor, Elyse Gainor of Filing Exhibit 14 to Declaration of Richard Candelora (Attachments: # 1 Exhibit 14)(Wilkes, Richard) |
| September 4, 2007 | 170 | Defendant's MOTION for Extension of Time to File Response Sidley Austin's Unopposed Motion for Enlargement of Time to Respond to R.J. Ruble's Motion to Stay by Sidley, Austin, Brown & Wood, LLP. (Attachments: # 1 Text of Proposed Order Order on Sidley Austin's Unopposed Motion for Enlargement of Time to Respond to R.J. Ruble's Motion to Stay)(Ezell, Katherine) |
| September 5, 2007 | 171 | NOTICE of Voluntary Dismissal with Prejudice of Plaintiffs' Claims Against Arthur Andersen Defendants by Mark J. Gainor, Elyse Gainor (Attachments: # 1 Text of Proposed Order on Notice of Dismissal AA Defendants)(Wilkes, Richard) |
| September 5, 2007 | 172 | ORDER denying as moot 93 Motion to Compel, granting 95 Motion to Compel, denying 102 Motion to Compel Signed by Magistrate Judge Ted E. Bandstra on 9/5/2007. (rg) |
| September 6, 2007 | 173 | ORDER granting 170 Motion for Extension of Time to Response re 166 MOTION to Stay and Memorandum Pending Ruble's October 16 Criminal Trial. Responses due by 9/20/2007.Signed by Judge Jose E. Martinez on 9/5/07. (lk) |
| September 6, 2007 | 174 | FINAL ORDER OF DISMISSAL WITH PREJUDICE AND ORDER DENYING ALL PENDING MOTIONS AS MOOT as to Defendants Arthur Andersen, LLP, Michael S. Marx, P.Anthony Nissley. Signed by Judge Jose E. Martinez on 9/5/07.(lk) Modified on 9/10/2007 (lk). |
| September 7, 2007 | 175 | RESPONSE to 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages Defendant Sidley Austin LLP's Reply in Support of its Motion for Partial Summary Judgment on Damages filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine) |
| September 7, 2007 | 176 | REPLY to Response to Motion re 112 Defendant's MOTION for Partial Summary Judgment Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages Defendant Sidley Austin LLP's Objections to Plaintiffs' Evidence Submitted in Opposition to Partial Summary Judgment filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine) |
| September 7, 2007 | 177 | RESPONSE to 160 Memorandum in Opposition Defendant Sidely Austin LLP's Response to Plaintiffs' Statement of Facts filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine) |
| September 7, 2007 | 178 | RESPONSE to 160 Memorandum in Opposition, 177 Response (Other) Declaration of Aaron M. May in Support of Defendant Sidley Austin LLP's Response to Plaintiffs' Statement of Facts filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine) |
| September 7, 2007 | 179 | Defendant's MOTION for Hearing re 113 Statement,, 175 Response (Other), Response (Other) Defendant Sidley Austin LLP's Request for Oral Argument on Defendant Sidley Austin LLP's Motion for Partial Summary Judgment on Damages by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine) |
| September 14, 2007 | 181 | MOTION to Amend/Correct ,Contingent, for Leave to Add Parties by Mark J. Gainor. Responses due by 9/28/2007 (Wilkes, Richard) |
| September 14, 2007 | 182 | RESPONSE Joining in Defendant Sidley Austin's Request for Oral Argument on Sidley's Motion for Partial Summary Judgment on Damages, or in the alternative, Motion for Leave to File Response to Sidley's Reply filed by Mark J. Gainor. (Wilkes, Richard) |
| September 18, 2007 | 183 | ORDER granting 179 Motion for Hearing on defendants Sidley Austin LLP's motion for partial summary judgment on damages [DE 179].Signed by Judge Jose E. Martinez on 9/17/07. (lk) |
| September 20, 2007 | 184 | RESPONSE Defendant Sidley Austin LLP's Response to R.J. Ruble's Motion to Stay filed by Sidley, Austin, Brown & Wood, LLP. (Ezell, Katherine) |
| September 20, 2007 | 185 | RESPONSE to 166 MOTION to Stay and Memorandum Pending Ruble's October 16 Criminal Trial filed by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Exhibit composite A# 2 Exhibit B# 3 Exhibit C)(Wilkes, Richard) |
| September 20, 2007 | 186 | Agreed MOTION for Extension of Time to File provide expert witness report to Merrill Lynch by Mark J. Gainor, Elyse Gainor. (Attachments: # 1 Text of Proposed Order)(Wilkes, Richard) |
| September 25, 2007 | 187 | ORDER granting 186 Motion for Extension of Time to File Signed by Judge Jose E. Martinez on 9/24/2007. (tb) |
| September 28, 2007 | 188 | RESPONSE to Motion re 181 MOTION to Amend/Correct ,Contingent, for Leave to Add Parties filed by Sidley, Austin, Brown & Wood, LLP. Replies due by 10/5/2007. (Ezell, Katherine) |
| October 2, 2007 | 189 | REPORT AND RECOMMENDATION Recommending (D.E. 68) Defendant, Merrill Lynch & Co. Motion to Dismiss be DENIED. Objections to R&R due by 10/17/2007Signed by Magistrate Judge Ted E. Bandstra on 10-2-2007.(rg) |
| October 5, 2007 | 190 | ORDER GRANTING IN PART and DENIED IN PART re 166 MOTION to Stay and Memorandum Pending Ruble's October 16 Criminal Trial filed by R. J. Ruble,, 185 Motion to extend discovery proceedings for 4 months as to defendant Ruble alone filed by Mark J. Gainor, Elyse Gainor. The Clerk is directed to CLOSE this case for administrative purposes only.Signed by Judge Jose E. Martinez on 10/4/07.(lk) |
| October 9, 2007 | 191 | CORRECTED ORDER granting in part and denying in part 166 MOTION to Stay and Memorandum Pending Ruble's October 16 Criminal Trial filed by R. J. Ruble,denying as moot 185 motion to extend discovery proceedings for 4 months as to defendant Ruble alone filed by Mark J. Gainor, Elyse Gainor. This case is administravely CLOSED.Signed by Judge Jose E. Martinez on 10/9/07.(lk) |
