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Date Filed
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#
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Docket Text
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| August 24, 2005 |
1
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CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Southern
District of California are transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Sidney H. Stein, for coordinated or
consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 8/22/2005) (kkc, ) (Entered: August 25, 2005)
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| August 24, 2005 |
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Magistrate Judge Michael H. Dolinger is so designated. (kkc, ) (Entered: August 25, 2005)
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| August 24, 2005 |
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CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:05-cv-1299 (SHS); 1:05-cv-1797 (SHS); 1:05-cv-1924 (SHS); 1:05-cv-1925 (SHS); 1:05-cv-2304 (SHS); 1:05-cv-2378 (SHS);
1:05-cv-3029 (SHS). (kkc, ) (Entered: August 25, 2005)
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| September 30, 2005 |
2
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NOTICE of Firm Name Change. Document filed by Kenneth Bender. (Keller, Christopher) (Entered: September 30, 2005)
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| November 22, 2005 |
3
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ORDER Initial Conference set for 12/2/2005 11:30 AM before Judge Sidney H. Stein in Courtroom 23A for oral argument in the pending motions for consolidation, appointment of lead
plaintiff, and approval of selection of lead counsel; Any attorney not admitted to practice in this District is directed to apply for admission pro hac vice purs. to Rule 1.3 of the Local
Rules of the US District Court for the Southern & Eastern Districts of New York; and, all future orders shall be filed with the caption listed unless otherwise indicated.. (Signed by
Judge Sidney H. Stein on 11/22/05) Filed In Associated Cases: 1:05-md-01696-SHS,1:05-cv-01299-SHS,1:05-cv-01797-SHS,1:05-cv-01924-SHS,1:05-cv-01925-SHS,
1:05-cv-02304-SHS,1:05-cv-02378-SHS,1:05-cv-03029-SHS,1:05-cv-07463-SHS,1:05-cv-07464-SHS(rjm, ) (Entered: November 23, 2005)
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| November 29, 2005 |
4
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NOTICE of Appearance by Jaculin Aaron on behalf of Sierra Wireless, Inc., David B. Sutcliffe, David G. McLennan, Jason W. Cohenour (Aaron, Jaculin) (Entered: November 29, 2005)
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| November 30, 2005 |
5
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NOTICE of Appearance by Joseph Harry Weiss on behalf of W. Robert Goodman (Weiss, Joseph) (Entered: November 30, 2005)
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| December 7, 2005 |
6
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NOTICE of Appearance by Lee A. Weiss on behalf of Jonathan Epstein (Weiss, Lee) (Entered: December 7, 2005)
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| December 16, 2005 |
7
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ORDER APPOINTING CO-LEAD PLAINTIFFS, AND APPROVING CO-LEAD PLAINTIFFS' SELECTION OF CO-LEAD COUNSEL... that the motions of National Elevator and the Boyko Group are granted, and all other
motions for appointment as Lead Plaintiff are denied. National Elevator, Cary Boyko, Andy Hua, John Travan, Roger S. Curry, and James M. Dowd are hereby appointed Co-Lead Plaintiffs in
the Consolidated Action purs. to Section 21D(a)(3)(E) of the PSLRA. Milberg Weiss Bershad & Schulman LLP and Lerach Coughlin Stoia Geller Rudman & Robbins LLP are hereby appointed
Co-Lead Counsel for plaintiffs in the Consolidated Action, and for the proposed Class... and as further set forth in said order. (Signed by Judge Sidney H. Stein on 12/16/05) Filed In
Associated Cases: 1:05-md-01696-SHS,1:05-cv-01299-SHS,1:05-cv-01797-SHS,1:05-cv-01924-SHS,1:05-cv-01925-SHS,
1:05-cv-02304-SHS,1:05-cv-02378-SHS,1:05-cv-03029-SHS,1:05-cv-07463-SHS,1:05-cv-07464-SHS(rjm, ) (Entered: December 19, 2005)
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| December 20, 2005 |
8
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ORDER WITHDRAWAL OF INDIVIDUAL ATTORNEY PURSUANT TO LOCAL RULE 1.4 that William P. Bodkin is no longer associated w/the firm Pomerantz Haudek Block Grossman and Gross and hereby requests
the Court permit his withdrawal from this case. Neither William P. Bodkin nor the law firm of Cullen and Dykman are counsel of record to any party in this action. The clerk of the court
is hereby directed to remove these names from the docket sheet in this action, and to cease the transmittal of email updates to William P. Bodkin. (Signed by Judge Sidney H. Stein on
12/20/05) Filed In Associated Cases: 1:05-md-01696-SHS,1:05-cv-07464-SHS(rjm, ) (Entered: December 21, 2005)
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| December 23, 2005 |
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TRANSCRIPT of proceedings held on 12/2/05, no time indicated, before Judge Sidney H. Stein. (rjm, ) (Entered: December 23, 2005)
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| January 19, 2006 |
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TRANSCRIPT of proceedings held on 12/2/2005 before Judge Sidney H. Stein. (kkc, ) (Entered: January 20, 2006)
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| January 23, 2006 |
11
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NOTICE OF APPEARANCE by Sharon Maine Lee on behalf of Jonathan Epstein (Lee, Sharon) (Entered: January 23, 2006)
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| February 15, 2006 |
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STIPULATION AND ORDER extending time to file Consolidated Amended Class Action Complaint, Motion to Dismiss and Related Briefing: Deadline for plaintiffs to file their complaint is
extended from 2/14/06 to 2/21/06; Motions due by 4/7/2006. Replies due by 6/6/2006. Responses due by 5/22/2006... and as further set forth in said Stipulation & Order. (Signed by
Judge Sidney H. Stein on 2/15/06) Filed In Associated Cases: 1:05-md-01696-SHS,1:05-cv-01299-SHS,1:05-cv-01797-SHS,1:05-cv-01924-SHS,1:05-cv-01925-SHS,
1:05-cv-02304-SHS,1:05-cv-02378-SHS,1:05-cv-03029-SHS,1:05-cv-07463-SHS,1:05-cv-07464-SHS(rjm, ) (Entered: February 16, 2006)
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| March 2, 2006 |
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CASE MANAGEMENT ORDER NO. 1 (this document relates to all actions) 1. All attorneys who have been admitted to this Court, either for all purposes or pro hac vice for purposes of this
case, shall complete and file a CM/ECF attorney registration form. Forms can be found on the court's website at www.nysd.uscourts.gov. 2. All attorneys who wish to be admitted for
purposes of this case shall send a motion to be admitted pro hac vice to John Sacco at the United States District Court for the Southern District of New York, 500 Pearl Street, Room 249,
New York, NY 10007. In addition to the documentation required by the Local Rules for the Southern and Eastern Districts of New York, Civil Rule 1.3, attorneys wishing to appear pro hac
vice must also include with their motion a check for $25.00 payable to the Clerk of the Court and a completed CM/ECF attorney registration form. 3. All documents filed in the MDL case and
the underlying civil cases shall be filed electronically on the court's ECF system via the Internet at ecf.nysd.uscourts.gov. 4. Amended complaints and supplemental pleadings shall
provide a list of the additional parties and indicate the action or actions to which they are being added. Similarly, a filing removing parties shall indicate the parties being removed
and the action or actions from which they are being removed. A filing which adds a party or parties who has not been named in any of the consolidated actions shall provide a separate
listing of such parties, indicating that they have not yet been named. (Signed by Judge Sidney H. Stein on 3/2/06) Filed In Associated Cases:
1:05-md-01696-SHS,1:05-cv-01299-SHS,1:05-cv-01797-SHS,1:05-cv-01924-SHS,1:05-cv-01925-SHS, 1:05-cv-02304-SHS,1:05-cv-02378-SHS,1:05-cv-03029-SHS,1:05-cv-07463-SHS,1:05-cv-07464-SHS(rjm, )
(Entered: March 3, 2006)
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| March 2, 2006 |
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Case Designated ECF. (mj, ) (Entered: April 27, 2006)
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| April 10, 2006 |
14
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MOTION to Dismiss the Consolidated Amended Class Action Complaint. Document filed by Sierra Wireless, Inc., David B. Sutcliffe, David G. McLennan, Jason W. Cohenour. (Attachments:
# 1 Certificate of Service)Filed In Associated Cases: 1:05-md-01696-SHS,1:05-cv-01299-SHS(Aaron, Jaculin) (Entered:
04/10/2006)
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| April 10, 2006 |
15
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DECLARATION of Jaculin Aaron in Support re: 14 MOTION to Dismiss the Consolidated Amended Class Action Complaint..
Document filed by Sierra Wireless, Inc., David B. Sutcliffe, David G. McLennan, Jason W. Cohenour. (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 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W# 24 Exhibit X# 25 Exhibit Y# 26 Exhibit Z# 27 Exhibit AA# 28 Exhibit BB# 29 Exhibit CC# 30 Exhibit DD# 31 Exhibit EE# 32 Exhibit FF# 33 Exhibit GG# 34 Certificate of Service)Filed In Associated Cases: 1:05-md-01696-SHS,1:05-cv-01299-SHS(Aaron, Jaculin) (Entered: April 10, 2006)
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| April 10, 2006 |
16
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MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed
by Sierra Wireless, Inc., David B. Sutcliffe, David G. McLennan, Jason W. Cohenour. (Attachments: # 1 Certificate of
Service)Filed In Associated Cases: 1:05-md-01696-SHS,1:05-cv-01299-SHS(Aaron, Jaculin) (Entered: April 10, 2006)
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| April 21, 2006 |
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MEMO ENDORSEMENT on Withdrawal of Individual Attorney pursuant to Local Rule 1.4; that William P. Bodkin is no longer with the Firm Pomerantz Haudek Block Grossman & Gross, and that
William P. Bodkin nor the law firm of Cullen and Dykman are counsel of record to any party in this action. (Signed by Judge Sidney H. Stein on 4/20/2006) (kkc, ) (Entered: April 21, 2006)
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| May 17, 2006 |
18
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STIPULATION AND ORDER (this document relates to all actions); that lead plaintiffs' time to file their opposition to defendants' motion to dismiss is extended to 5/30/2006 and defendants'
time to reply to plaintiffs' opposition to defendants' motion to dismiss the amended complaint is extended to 6/14/2006. (Signed by Judge Sidney H. Stein on 5/17/2006) Filed In Associated
Cases: 1:05-md-01696-SHS,1:05-cv-01299-SHS,1:05-cv-01797-SHS,1:05-cv-01924-SHS,1:05-cv-01925-SHS,
1:05-cv-02304-SHS,1:05-cv-02378-SHS,1:05-cv-03029-SHS,1:05-cv-07463-SHS,1:05-cv-07464-SHS(kkc, ) (Entered: May 18, 2006)
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| June 7, 2006 |
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STIPULATION AND ORDER, extension of time to reply to Plaintiffs' opposition to Defts' motion to dismiss Set Deadlines/Hearing as to 14 MOTION to Dismiss the Consolidated Amended Class Action Complaint.: Replies reset to 6/16/2006 from 6/14/06. (Signed by
Judge Sidney H. Stein on 6/6/06) Filed In Associated Cases: 1:05-md-01696-SHS,1:05-cv-01299-SHS,1:05-cv-01797-SHS,1:05-cv-01924-SHS,1:05-cv-01925-SHS,
1:05-cv-02304-SHS,1:05-cv-02378-SHS,1:05-cv-03029-SHS,1:05-cv-07463-SHS,1:05-cv-07464-SHS(rjm, ) (Entered: June 7, 2006)
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| June 16, 2006 |
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REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Sierra Wireless, Inc., David B. Sutcliffe, David G. McLennan, Jason W. Cohenour. Filed In Associated Cases:
1:05-md-01696-SHS,1:05-cv-01299-SHS,1:05-cv-01797-SHS,1:05-cv-01924-SHS,1:05-cv-01925-SHS, 1:05-cv-02304-SHS,1:05-cv-02378-SHS,1:05-cv-03029-SHS,1:05-cv-07463-SHS,1:05-cv-07464-SHS(Aaron,
Jaculin) (Entered: June 16, 2006)
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| December 20, 2006 |
21
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NOTICE OF APPEARANCE by William Edward Bernarduci on behalf of J. John Lawler (Bernarduci, William) (Entered: December 20, 2006)
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| January 16, 2007 |
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NOTICE of CHANGE OF LAW FIRM NAME. Document filed by John Travan, Cary Boyko, Andy Hua, Roger Curry, James Dowd, Kenneth Bender, Frederick A. Nuttall, Jonathan B. Rodnon, W. Robert
Goodman, Milton A. Karetas, J. John Lawler, Jonathan Epstein, Gail Beach, Candido M. Rodrigues. (Lee, Sharon) (Entered: January 16, 2007)
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| January 16, 2007 |
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NOTICE of WITHDRAWAL. Document filed by Andy Hua, Roger Curry, James Dowd, Kenneth Bender, Frederick A. Nuttall, Jonathan B. Rodnon, W. Robert Goodman, Milton A. Karetas, J. John Lawler,
Jonathan Epstein, Gail Beach, John Travan, Cary Boyko, Candido M. Rodrigues. (Lee, Sharon) (Entered: January 16, 2007)
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| April 18, 2007 |
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OPINION AND ORDER No. 94571 (this document relates to all actions): Because plaintiffs have not pled their securities fraud claims with the requisite level of particularity, they have
failed to state a claim upon which relief can be granted. Therefore, defendants motion to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is
granted without prejudice. If plaintiffs intend to submit a second amended complaint, they shall do so within 21 days of the entry of this Opinion and Order. (Signed by Judge Sidney H.
Stein on 4/18/2006) Filed In Associated Cases: 1:05-md-01696-SHS et al.(kkc) . (Entered: April 18, 2007)
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| May 15, 2007 |
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CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated April 18, 2007, defendants motion to dismiss the complaint is granted without prejudice to plaintiff to
submit a second amended complaint within 21 days of the entry of the Opinion and Order dated April 18, 2007. (Signed by J. Michael McMahon, clerk on 5/15/07) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:05-md-01696-SHS et al.(ml) (Entered: May 15, 2007)
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