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Date Filed
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#
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Docket Text
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| August 2, 2007 |
1
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COMPLAINT against Milberg, Weiss, Bershad & Schulman, L.L.P., Lerach, Coughlin, Stoia, Geller, Rudman & Robbins L.L.P., Melvyn I. Weiss, David J. Bershad, Steven G. Schulman,
Does. (Filing Fee $ 350.00, Receipt Number 622780)Document filed by Bernie Apotheker, Harry Esposito, Brent Wentz, Linda Marshall, Ben Dampios, Al Spilloway.(laq) Additional attachment(s)
added on 8/10/2007 (Becerra, Maribel). (Entered: August 6, 2007)
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| August 2, 2007 |
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SUMMONS ISSUED as to Milberg, Weiss, Bershad & Schulman, L.L.P., Lerach, Coughlin, Stoia, Geller, Rudman & Robbins L.L.P., Melvyn I. Weiss, David J. Bershad, Steven G. Schulman,
Does. (laq) (Entered: August 6, 2007)
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| August 2, 2007 |
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Magistrate Judge Michael H. Dolinger is so designated. (laq) (Entered: August 6, 2007)
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| August 2, 2007 |
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Case Designated ECF. (laq) (Entered: August 6, 2007)
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| August 9, 2007 |
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of
the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document 1 Complaint, to: case_openings@nysd.uscourts.gov. (Entered: August 9, 2007)
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| August 14, 2007 |
2
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ACKNOWLEDGMENT OF SERVICE. Milberg, Weiss, Bershad & Schulman, L.L.P. served on 8/7/2007, answer due 8/27/2007. Service was accepted by M.J. Quinn, Managing Attorney. Document filed
by Bernie Apotheker; Harry Esposito; Brent Wentz; Linda Marshall; Ben Dampios; Al Spilloway. (Beatie, Russel) (Entered: August 14, 2007)
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| August 14, 2007 |
3
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ACKNOWLEDGMENT OF SERVICE. Melvyn I. Weiss served on 8/7/2007, answer due 8/27/2007. Service was accepted by M.J. Quinn, Managing Attorney. Document filed by Bernie Apotheker; Harry
Esposito; Brent Wentz; Linda Marshall; Ben Dampios; Al Spilloway. (Beatie, Russel) (Entered: August 14, 2007)
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| August 16, 2007 |
4
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ACKNOWLEDGMENT OF SERVICE. Lerach, Coughlin, Stoia, Geller, Rudman & Robbins L.L.P. served on 8/6/2007, answer due 8/27/2007. Service was accepted by Kathy Strozza, Administrator.
Document filed by Bernie Apotheker; Harry Esposito; Brent Wentz; Linda Marshall; Ben Dampios; Al Spilloway. (Beatie, Russel) (Entered: August 16, 2007)
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| August 23, 2007 |
5
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - JOINT MOTION for Extension of Time to File Answer and [Proposed] Order (STIPULATION AND ORDER). Document filed by Bernie Apotheker,
Harry Esposito, Brent Wentz, Linda Marshall, Ben Dampios, Al Spilloway.(Beatie, Russel) Modified on 8/24/2007 (KA). (Entered: August 23, 2007)
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| August 24, 2007 |
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Russel Harrison Beatie, Jr. to E-MAIL pdf copy to orders_and_judgments@nysd.uscourts.gov Document No.
5 Stipulation and Order. This document is not
filed via ECF. (KA) (Entered: August 24, 2007)
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| August 27, 2007 |
6
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ORDER: It is hereby ordered that: the time for Defendants Milberg Weiss and Melvyn Weiss to answer, move or otherwise respond to the Complaint is extended until September 26, 2007. So
Ordered. (Signed by Judge Laura Taylor Swain (Part I Judge on 8/24/07) (js) (Entered: August 28, 2007)
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| August 30, 2007 |
7
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STIPULATION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING: the time for defendant David J. Bershad to answer, move, or otherwise respond to the complaint is extended to 10/30/2007.
(Signed by Judge Loretta A. Preska on 8/30/07) (kco) (Entered: August 30, 2007)
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| September 20, 2007 |
8
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NOTICE OF APPEARANCE by Eric R. Levine on behalf of Lerach, Coughlin, Stoia, Geller, Rudman & Robbins L.L.P. (Levine, Eric) (Entered: September 20, 2007)
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| September 24, 2007 |
9
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STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING: the time for defendant Steven Schulman to answer, move, or otherwise respond to the complaint is extended to
10/30/2007. (Signed by Judge Loretta A. Preska on 9/24/07) (mph) (Entered: September 24, 2007)
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| September 24, 2007 |
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Set Deadlines/Hearings:Steven G. Schulman answer due 10/30/2007. (mph) (Entered: September 25, 2007)
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| September 27, 2007 |
10
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STIPULATION AND ORDER EXTENDING TIME TO ANSWER: Lerach, Coughlin, Stoia, Geller, Rudman & Robbins L.L.P. answer due 10/30/2007. (Signed by Judge Loretta A. Preska on 9/26/07) (dmd)
(Entered: September 27, 2007)
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| September 28, 2007 |
11
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STIPULATION AND ORDER: The time for dfts Milberg, Weiss, Bershad & Schulman, L.L.P. and Melvyn I. Weiss to answer, move or respond to the Complt is extended to 10/30/2007. (Signed by
Judge Loretta A. Preska on 9/28/2007) (jar) (Entered: September 28, 2007)
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| October 30, 2007 |
12
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MOTION to Dismiss ; Notice of Motion, dated October 30, 2007. Document filed by Lerach, Coughlin, Stoia, Geller, Rudman & Robbins L.L.P..(Levine, Eric) (Entered: October 30, 2007)
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| October 30, 2007 |
13
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DECLARATION of Eric R. Levine in Support re: 12 MOTION to Dismiss ; Notice of Motion, dated October 30, 2007.. Document filed by Lerach, Coughlin,
Stoia, Geller, Rudman & Robbins L.L.P.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E, Part 1# 6 Exhibit E, Part 2# 7 Exhibit F, Part 1# 8 Exhibit F, Part 2# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K)(Levine, Eric) (Entered: October 30, 2007)
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| October 30, 2007 |
14
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MEMORANDUM OF LAW in Support re: 12 MOTION to
Dismiss ; Notice of Motion, dated October 30, 2007.. Document filed by Lerach, Coughlin, Stoia, Geller, Rudman & Robbins L.L.P.. (Levine, Eric) (Entered: October 30, 2007)
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| October 30, 2007 |
15
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AFFIDAVIT OF SERVICE of NOTICE OF MOTION, DECLARATION AND EXHIBITS THERETO, AND MEMORANDUM OF LAW served on ALL PARTIES on OCTOBER 30, 2007. Service was made by FEDERAL EXPRESS. Document
filed by Lerach, Coughlin, Stoia, Geller, Rudman & Robbins L.L.P.. (Levine, Eric) (Entered: October 30, 2007)
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| November 2, 2007 |
16
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STIPULATION AND ORDER STAYING ACTION AS TO DEFENDANTS MILBERG WEISS BERSHAD & SCHULMAN LLP, MELVYN I. WEISS, DAVID J. BERSHAD, STEVEN G. SCHULMAN AND DOES 1-15: all further
proceedings are stayed for a period of 120 days from the date this stipulation is so ordered by this Court. At the expiration of such time, the stayed defendants shall have 30 days to
move, answer or otherwise respond to the complaint. (Signed by Judge Loretta A. Preska on 10/30/07) (kco) (Entered: November 2, 2007)
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| November 12, 2007 |
17
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ACKNOWLEDGMENT OF SERVICE. David J. Bershad served on 8/10/2007, answer due 10/30/2007. Service was accepted by Susan Bershad, Wife. Document filed by Bernie Apotheker; Harry Esposito;
Brent Wentz; Linda Marshall; Ben Dampios; Al Spilloway. (Beatie, Russel) (Entered: November 12, 2007)
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| November 13, 2007 |
18
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NOTICE of of Cross Motion with Proof of Service re: 13 Declaration in Support of Motion, 15 Affidavit of Service Other, 14 Memorandum of Law in Support of Motion, 12 MOTION to Dismiss ; Notice of Motion, dated October 30, 2007.. Document filed by Bernie Apotheker,
Harry Esposito, Brent Wentz, Linda Marshall, Ben Dampios, Al Spilloway. (Beatie, Russel) (Entered: November 13, 2007)
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| November 13, 2007 |
19
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MEMORANDUM OF LAW in Opposition re: 12 MOTION
to Dismiss ; Notice of Motion, dated October 30, 2007. with Proof of Service. Document filed by Bernie Apotheker, Harry Esposito, Brent Wentz, Linda Marshall, Ben Dampios,
Al Spilloway. (Beatie, Russel) (Entered: November 13, 2007)
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| November 13, 2007 |
20
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DECLARATION of Russel H. Beatie (with Proof of Service) in Opposition re: 12 MOTION to Dismiss ; Notice of Motion, dated October 30, 2007.. Document filed by Bernie Apotheker,
Harry Esposito, Brent Wentz, Linda Marshall, Ben Dampios, Al Spilloway. (Attachments: # 1 Exhibit Plea Agreement for Defendant William S. Lerach# 2 Exhibit Plea Agreement for Defendant David J.
Bershad# 3 Exhibit Plea Agreement for
Defendant Steven G. Schulman# 4 Exhibit Plea
Agreement for Defendant Seymour M. Lazar)(Beatie, Russel) (Entered: November 13, 2007)
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| November 20, 2007 |
21
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REPLY MEMORANDUM OF LAW in Support re: 12
MOTION to Dismiss ; Notice of Motion, dated October 30, 2007. And In Opposition To Plaintiffs' Cross-Motion, dated November 13, 2007. Document filed by Lerach, Coughlin,
Stoia, Geller, Rudman & Robbins L.L.P.. (Levine, Eric) (Entered: November 20, 2007)
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| November 20, 2007 |
22
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AFFIDAVIT OF SERVICE of MEMORANDUM OF LAW served on ALL PARTIES on NOVEMBER 20, 2007. Service was made by FEDERAL EXPRESS. Document filed by Lerach, Coughlin, Stoia, Geller, Rudman &
Robbins L.L.P.. (Levine, Eric) (Entered: November 20, 2007)
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| February 28, 2008 |
23
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FIRST MOTION to Stay. Document filed by USA.(Okula, Stanley) (Entered: February 28, 2008)
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| February 28, 2008 |
24
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION to Stay re: 23 FIRST MOTION to Stay. (MEMORANDUM OF LAW) Brief. Document filed by USA.(Okula, Stanley) Modified on
2/29/2008 (jar). Modified on 2/29/2008 (jar). (Entered: February 28, 2008)
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| February 29, 2008 |
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Stanley Okula to RE-FILE Document 24 FIRST MOTION to Stay re: 23 FIRST MOTION to Stay Brief. Use the document type Memorandum of Law in Support found under the
document list Replies, Oppositions, Supporting Documents. (jar) (Entered: February 29, 2008)
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| March 7, 2008 |
25
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MEMORANDUM OF LAW in Opposition re: 23 FIRST
MOTION to Stay.. Document filed by Bernie Apotheker, Harry Esposito, Brent Wentz, Linda Marshall, Ben Dampios, Al Spilloway. (Beatie, Russel) (Entered: March 7, 2008)
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| March 13, 2008 |
26
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RESPONSE to Motion re: 23 FIRST MOTION to
Stay., 24 FIRST MOTION to Stay re: 23 FIRST MOTION to Stay. Brief. Response of
the Coughlin Firm to the United States Motion for a Stay, dated March 13, 2008. Document filed by Lerach, Coughlin, Stoia, Geller, Rudman & Robbins L.L.P.. (Levine, Eric)
(Entered: March 13, 2008)
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| March 13, 2008 |
27
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STIPULATION AND ORDER FOR SUBSTITUTION OF ATTORNEYS: Davidoff Malito & Hutcher, LLP be substituted as attorneys of record for defendant Steven G. Schulman in the above entitled action
in place and instead of Stern & Kilcullen. (Signed by Judge Loretta A. Preska on 3/10/08) (tro) (Entered: March 14, 2008)
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| March 14, 2008 |
28
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RESPONSE to Motion re: 23 FIRST MOTION to
Stay., 24 FIRST MOTION to Stay re: 23 FIRST MOTION to Stay. Brief. Response to
Plaintiffs' Partial Opposition to the Government's Motion to Intervene and Stay All Proceedings. Document filed by Milberg, Weiss, Bershad & Schulman, L.L.P., Melvyn I. Weiss.
(Joseph, Gregory) (Entered: March 14, 2008)
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| March 14, 2008 |
29
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NOTICE OF APPEARANCE by Gregory P. Joseph on behalf of Milberg, Weiss, Bershad & Schulman, L.L.P., Melvyn I. Weiss (Joseph, Gregory) (Entered: March 14, 2008)
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| March 14, 2008 |
30
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NOTICE OF APPEARANCE by Douglas J. Pepe on behalf of Milberg, Weiss, Bershad & Schulman, L.L.P., Melvyn I. Weiss (Pepe, Douglas) (Entered: March 14, 2008)
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| March 14, 2008 |
31
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NOTICE OF APPEARANCE by Sandra M. Lipsman on behalf of Milberg, Weiss, Bershad & Schulman, L.L.P., Melvyn I. Weiss (Lipsman, Sandra) (Entered: March 14, 2008)
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| March 14, 2008 |
32
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION to Stay re: 28 Response to Motion, 23 FIRST MOTION to Stay., 25 Memorandum of Law in Opposition to Motion, 26 Response to Motion, (Memorandum Of Law). Document filed by USA.(Okula, Stanley) Modified on
3/17/2008 (KA). (Entered: March 14, 2008)
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| March 14, 2008 |
33
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NOTICE OF APPEARANCE by Christopher Mark Dimuro on behalf of David J. Bershad (Attachments: # 1 Certificate of Service)(Dimuro, Christopher) (Entered: March 14, 2008)
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| March 14, 2008 |
34
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REPLY to Response to Motion re: 23 FIRST
MOTION to Stay.. Document filed by David J. Bershad. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Dimuro, Christopher) (Entered: March 14, 2008)
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| March 17, 2008 |
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Stanley John Okula, Jr. to RE-FILE Document 32 FIRST MOTION to Stay re: 28 Response to Motion, 23 FIRST MOTION to Stay., 25 Memorandum of Law in Opposition to Motion, 26 Response to Motion, Memorandum Of Law.FIRST MOTION to Stay re: 28 Response to Motion, 23 FIRST MOTION to Stay., 25 Memorandum of Law in Opposition to Motion,
26 Response to Motion, Memorandum Of
Law.. Use the document type Response(non-motion) found under the document list Other Answers. (KA) (Entered: March 17, 2008)
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| March 18, 2008 |
35
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NOTICE OF APPEARANCE by Larry Hutcher on behalf of Steven G. Schulman (Hutcher, Larry) (Entered: March 18, 2008)
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| March 19, 2008 |
36
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NOTICE OF APPEARANCE by Mark Edward Spund on behalf of Steven G. Schulman (Spund, Mark) (Entered: March 19, 2008)
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| March 19, 2008 |
37
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RESPONSE in Support re: 23 FIRST MOTION to
Stay. of Steven G. Schulman to the United States's Motion for a Stay and in Opposition to Plaintiff's Partial Opposition with Affidavit of Service. Document filed by Steven G.
Schulman. (Spund, Mark) (Entered: March 19, 2008)
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| March 20, 2008 |
38
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NOTICE OF APPEARANCE by Jeffrey Harrison Zaiger on behalf of Milberg, Weiss, Bershad & Schulman, L.L.P., Melvyn I. Weiss (Zaiger, Jeffrey) (Entered: March 20, 2008)
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| March 24, 2008 |
39
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RESPONSE in Support re: 32 FIRST MOTION to
Stay re: 28 Response to Motion, 23 FIRST MOTION to Stay., 25 Memorandum of Law in Opposition to Motion,
26 Response to Motion, Memorandum Of
Law.FIRST MOTION to Stay re: 28 Response
to Motion, 23 FIRST MOTION to Stay., 25 Memorandum of Law in Opposition to Motion,
26 Response to Motion, Memorandum Of
Law. REPLY MEMORANDUM. Document filed by USA. (Okula, Stanley) (Entered: March 24, 2008)
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| March 26, 2008 |
40
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NOTICE OF APPEARANCE by Frank L. Perrone, Jr on behalf of Steven G. Schulman (Perrone, Frank) (Entered: March 26, 2008)
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| March 27, 2008 |
41
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time (Stipulation and [Proposed] Order Extending the Time to Answer, Move or Otherwise Respond to
Complaint). Document filed by Milberg, Weiss, Bershad & Schulman, L.L.P., Melvyn I. Weiss, David J. Bershad, Steven G. Schulman.(Zaiger, Jeffrey) Modified on 3/28/2008 (KA). (Entered:
03/27/2008)
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| March 28, 2008 |
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jeffrey Harrison Zaiger to E-MAIL pdf copy to orders_and_judgment@nysd.uscourts.gov Document No.
41 Stipulation. This document is not filed
via ECF. (KA) (Entered: March 28, 2008)
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| March 28, 2008 |
42
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RESPONSE to Motion re: 41 MOTION for
Extension of Time Stipulation and [Proposed] Order Extending the Time to Answer, Move or Otherwise Respond to Complaint. MOTION for Extension of Time Stipulation and [Proposed]
Order Extending the Time to Answer, Move or Otherwise Respond to Complaint. Response and Objection of the Coughlin Firm to the Stipulation and [Proposed] Order Extending the Time
to Answer, More or Otherwise Respond to Complaint, dated March 28, 2008. Document filed by Lerach, Coughlin, Stoia, Geller, Rudman & Robbins L.L.P.. (Heichel, Eric) (Entered:
03/28/2008)
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| March 31, 2008 |
43
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ORDER that Government's unopposed motion to intervene is granted. Granting 23 Motion to Stay in light of the pending criminal proceedings. (See Pl.'s Mem. at 3.) ("[P]laintiffs consent
to a reasonable stay in this case.") Counsel shall confer and inform the Court by letter no later than May 30 of the status of the criminal proceedings. (Signed by Judge Loretta A. Preska
on 3/31/08) (pl) (Entered: March 31, 2008)
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| March 31, 2008 |
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Set/Reset Scheduling Order Deadlines: Status Report due by 5/30/2008. (pl) (Entered: March 31, 2008)
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| April 2, 2008 |
44
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STIPULATION AND ORDER EXTENDING THE TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO COMPLAINT, plaintiffs shall, on or before 4/7/08, file an Amended Complaint. Undersigned defendants shall
have an extension of time to answer the Amended Complaint until the later of (a) 30 days after the filing of the amended complaint; or (b) 30 days after the Court rules on the pending
motion to stay, if such motion is denied; or (c) 30 days after the stay is lifted, if the motion is granted. ( Amended Pleadings due by 4/7/2008.) (Signed by Judge Loretta A. Preska on
4/2/08) (cd) (Entered: April 2, 2008)
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| April 7, 2008 |
45
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AMENDED COMPLAINT amending 1 Complaint,
against Milberg LLP, Coughlin, Stoia, Geller, Rudman & Robbins LLP, William S. Lerach, Melvyn I. Weiss, David J. Bershad, Steven G. Schulman, Does.Document filed by Bernie Apotheker,
Harry Esposito, Brent Wentz, Linda Marshall, Ben Dampios, Al Spilloway. Related document: 1 Complaint, filed by Ben Dampios, Brent Wentz, Bernie Apotheker, Harry Esposito, Al Spilloway, Linda
Marshall.(dle) (dle). (Entered: April 8, 2008)
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| April 14, 2008 |
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Minute Entry for proceedings held before Judge Loretta A. Preska: Initial Pretrial Conference by telephone held and concluded on 4/14/2008. (ja) (Entered: April 24, 2008)
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| April 15, 2008 |
46
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MOTION for Robert D. Luskin to Appear Pro Hac Vice. Document filed by David J. Bershad.(dle) (Entered: April 16, 2008)
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| April 15, 2008 |
47
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MOTION for Jamie S. Gardner to Appear Pro Hac Vice. Document filed by David J. Bershad.(dle) (Entered: April 16, 2008)
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| April 17, 2008 |
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CASHIERS OFFICE REMARK on 47 Motion to Appear
Pro Hac Vice, 46 Motion to Appear Pro Hac
Vice in the amount of $50.00, paid on 04/15/2008, Receipt Number 647653. (jd) (Entered: April 17, 2008)
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| April 18, 2008 |
48
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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 47 Motion for Jamie S. Gardner to Appear Pro Hac Vice, for defendant David J. Bershad. (Signed by Judge
Loretta A. Preska on 4/18/08) (cd) (Entered: April 18, 2008)
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| April 18, 2008 |
49
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ORDER granting 46 Motion for Robert D. Luskin
to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 4/18/2008) (jpo) (Entered: April 21, 2008)
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| April 18, 2008 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 49 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney
Information. (jpo) (Entered: April 21, 2008)
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| April 18, 2008 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 48 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney
Information. (cd) (Entered: April 28, 2008)
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| May 1, 2008 |
50
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ACKNOWLEDGMENT OF SERVICE. William S. Lerach served on 4/18/2008, answer due 5/8/2008. Service was accepted by WIlliam S. Lerach, defendant. Document filed by Bernie Apotheker; Harry
Esposito; Brent Wentz; Linda Marshall; Ben Dampios; Al Spilloway. (Beatie, Russel) (Entered: May 1, 2008)
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| June 2, 2008 |
51
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ENDORSED LETTER addressed to Judge Loretta A. Preska from Gregory P. Joseph dated 5/29/08 re: This letter is written on behalf of all counsel further to the Court's Order of 3/31/08 (dkt.
no. 43) granting the Government's motion to stay all proceedings and requiring counsel to "confer and inform the Court by letter no later than 5/30/08 of the status of the criminal
proceedings". ENDORSEMENT: In light of the filing of the Amended Complaint (Dkt. no. 45), defendants' motions to dismiss are denied as moot. Counsel shall confer and inform the Court by
letter of the status of the action no later than 6/30/08. ( Status Report due by 6/30/2008.) Motions terminated: 12 MOTION to Dismiss ; Notice of Motion, dated October 30, 2007 filed by Lerach, Coughlin, Stoia,
Geller, Rudman & Robbins L.L.P. (Signed by Judge Loretta A. Preska on 5/30/08) (tro) (Entered: June 2, 2008)
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