7 U.S. District Court Civil Docket 08/07/2013
Transcription
7 U.S. District Court Civil Docket 08/07/2013
US District Court Civil Docket as of August 6, 2013 Retrieved from the court on August 7, 2013 U.S. District Court Western District of North Carolina (Statesville) CIVIL DOCKET FOR CASE #: 5:10-cv-00062-RLV-DSC Electrical Workers Pension Trust Fund of IBEW Local Union Date Filed: 05/12/2010 No. 58 v. CommScope, Inc. et al Date Terminated: 08/06/2013 Assigned to: District Judge Richard Voorhees Jury Demand: Plaintiff Referred to: Magistrate Judge David S. Cayer Nature of Suit: 160 Stockholders Suits Cause: 28:1331 Fed. Question: Securities Violation Jurisdiction: Federal Question Plaintiff Electrical Workers Pension Trust Fund of IBEW Local Union No. 58 represented by Michael L. Greenwald Greenwald Davidson PLLC 5550 Glades Road Suite 500 Boca Raton, Fl 33431 561-826-5477 Fax: 561-869-1919 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jack Reise Robbins Geller Rudman & Dowd, LLP 120 East Palmetto Park Road Suite 500 Boca Raton, Fl 33432 561-750-3000 Fax: 561-750-3364 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Marc Edward Gustafson 420 East Tremont Ave. Charlotte, NC 28203-5332 704-331-7467 Email: [email protected] ATTORNEY TO BE NOTICED Stephen R. Astley Robbins Geller Rudman & Dowd, LLP 120 East Palmetto Park Road Suite 500 Boca Raton, FL 33432 561-750-3000 Fax: 561-750-3364 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Norris Arden Adams , II 1701 South Blvd. Essex Richards, P.A. Charlotte, NC 28203 704-377-4300 Fax: 704-372-1357 Email: [email protected] ATTORNEY TO BE NOTICED Plaintiff New York State Teamsters Conference Pension and Retirement Fund represented by Jack Reise Robbins Geller Rudman & Dowd, LLP 120 East Palmetto Park Road Suite 500 Boca Raton, Fl 33432 561-750-3000 Fax: 561-750-3364 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Michael L. Greenwald (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Norris Arden Adams , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen R. Astley (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Marc Edward Gustafson (See above for address) ATTORNEY TO BE NOTICED V. Defendant CommScope, Inc. represented by Martin Robert Thornton King & Spalding LLP 1180 Peachtree Street, NE Atlanta, GA 30309 404-572-4778 Fax: 404-572-5139 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED William O.L. Hutchinson McGuire Woods LLP 201 N. Tryon Street, Suite 3000 Charlotte, NC 28202 704-343-2008 Fax: 704-353-6219 Email: [email protected] TERMINATED: 03/28/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED B. Warren Pope King & Spalding, LLP 1180 Peachtree Street, N.E. Atlanta, GA 30309 404-572-4897 Fax: 404-572-5100 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Benjamin Lee King & Spalding LLP 1180 Peachtree Street, NE Atlanta, GA 30308-3521 404-572-4600 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Cory Hohnbaum King & Spalding LLP 100 North Tryon Street Suite 3900 Charlotte, NC 28202 704-503-2561 Fax: 704-503-2622 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Frank M. Drendel represented by Martin Robert Thornton (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED William O.L. Hutchinson (See above for address) TERMINATED: 03/28/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED B. Warren Pope (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Benjamin Lee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Cory Hohnbaum (See above for address) ATTORNEY TO BE NOTICED Defendant Jearld L. Leonhardt represented by Martin Robert Thornton (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED William O.L. Hutchinson (See above for address) TERMINATED: 03/28/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED B. Warren Pope (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Benjamin Lee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Cory Hohnbaum (See above for address) ATTORNEY TO BE NOTICED Defendant represented by Martin Robert Thornton (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Brian Garrett William O.L. Hutchinson (See above for address) TERMINATED: 03/28/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED B. Warren Pope (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Benjamin Lee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Cory Hohnbaum (See above for address) ATTORNEY TO BE NOTICED Date Filed # Docket Text 05/12/2010 1 COMPLAINT against CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt with Jury Demand ( Filing fee $ 350 receipt number 0419-1063510), filed by Electrical Workers Pension Trust Fund of IBEW Local Union No. 58. (Attachments: # 1 Certification of Named Plaintiff Pursuant to Federal Securities Laws)(Adams, Norris) Modified on 5/12/2010 (cbb) to change plf's name to lower case letters. (Entered: 05/12/2010) 05/12/2010 Case assigned to District Judge Richard Voorhees and referred to Magistrate Judge David S. Cayer. This is your only notice - you will not receive a separate document. (cbb) (Entered: 05/12/2010) 05/12/2010 2 Summons Issued Electronically as to Frank M. Drendel. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (cbb) (Entered: 05/12/2010) 05/12/2010 3 Summons Issued Electronically as to CommScope, Inc.(Registered Agent: Corporation Service Company). NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (cbb) (Entered: 05/12/2010) 05/12/2010 4 Summons Issued Electronically as to Jearld L. Leonhardt. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (cbb) (Entered: 05/12/2010) 05/12/2010 5 Summons Issued Electronically as to CommScope, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (cbb) (Entered: 05/12/2010) 05/12/2010 6 Summons Issued Electronically as to Brian Garrett. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (cbb) (Entered: 05/12/2010) 07/12/2010 7 MOTION to Appoint Counsel (Lead and Liason) and TO APPOINT New York State Teamsters Conference Pension and Retirement Fund AS LEAD PLAINTIFF by Electrical Workers Pension Trust Fund of IBEW Local Union No. 58.Responses due by 7/29/2010. (Attachments: # 1 Affidavit of Norris A. Adams, II, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Service List, # 8 Proposed Order)(Adams, Norris). Motions referred to David S. Cayer. (Entered: 07/12/2010) 07/12/2010 8 MEMORANDUM in Support re 7 MOTION to Appoint Counsel (Lead and Liason) and TO APPOINT New York State Teamsters Conference Pension and Retirement Fund AS LEAD PLAINTIFF MOTION to Appoint Counsel (Lead and Liason) and TO APPOINT New York State Teamsters Conference Pension and Retirement Fund AS LEAD PLAINTIFF by Electrical Workers Pension Trust Fund of IBEW Local Union No. 58. (Attachments: # 1 Service list)(Adams, Norris) (Entered: 07/12/2010) 08/09/2010 9 NOTICE of Appearance by William O. L. Hutchinson on behalf of CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt (Hutchinson, William) (Entered: 08/09/2010) 08/10/2010 10 RESPONSE to Motion re 7 MOTION to Appoint Counsel (Lead and Liason) and TO APPOINT New York State Teamsters Conference Pension and Retirement Fund AS LEAD PLAINTIFF MOTION to Appoint Counsel (Lead and Liason) and TO APPOINT New York State Teamsters Conference Pension and Retirement Fund AS LEAD PLAINTIFF by CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt. Replies due by 8/20/2010. (Hutchinson, William) (Entered: 08/10/2010) 08/18/2010 11 REPLY to Response to Motion re 7 MOTION to Appoint Counsel (Lead and Liason) and TO APPOINT New York State Teamsters Conference Pension and Retirement Fund AS LEAD PLAINTIFF MOTION to Appoint Counsel (Lead and Liason) and TO APPOINT New York State Teamsters Conference Pension and Retirement Fund AS LEAD PLAINTIFF by Electrical Workers Pension Trust Fund of IBEW Local Union No. 58. (Attachments: # 1 Exhibit A)(Adams, Norris) (Entered: 08/18/2010) 08/19/2010 12 Joint MOTION For Entry Of An Initial Scheduling Order by CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt.Responses due by 9/7/2010. (Attachments: # 1 Proposed Order)(Hutchinson, William) (Entered: 08/19/2010) 08/20/2010 13 ORDER granting 12 Motion for Entry of an Initial Scheduling Order. See attached image of order for details. Signed by Magistrate Judge David S. Cayer on 8/20/2010. (cbb) (Entered: 08/20/2010) 08/20/2010 14 MOTION for Leave to Appear Pro Hac Vice as to Stephen R. Astley Filing fee $ 250, receipt number 0419-1140445. by Electrical Workers Pension Trust Fund of IBEW Local Union No. 58. (Adams, Norris). Motions referred to David S. Cayer. (Entered: 08/20/2010) 08/20/2010 15 MOTION for Leave to Appear Pro Hac Vice as to Jack Reise Filing fee $ 250, receipt number 0419-1140458. by Electrical Workers Pension Trust Fund of IBEW Local Union No. 58. (Adams, Norris). Motions referred to David S. Cayer. (Entered: 08/20/2010) 08/20/2010 16 MOTION for Leave to Appear Pro Hac Vice as to Michael L. Greenwald Filing fee $ 250, receipt number 0419-1140469. by Electrical Workers Pension Trust Fund of IBEW Local Union No. 58. (Adams, Norris). Motions referred to David S. Cayer. (Entered: 08/20/2010) 08/20/2010 17 ORDER granting 14 Motion for Leave to Appear Pro Hac Vice added Stephen R. Astley for Electrical Workers Pension Trust Fund of IBEW Local Union No. 58; granting 15 Motion for Leave to Appear Pro Hac Vice added Jack Reise for Electrical Workers Pension Trust Fund of IBEW Local Union No. 58; granting 16 Motion for Leave to Appear Pro Hac Vice added Michael L. Greenwald for Electrical Workers Pension Trust Fund of IBEW Local Union No. 58. Signed by Magistrate Judge David S. Cayer on 8/20/2010. (cbb) (Entered: 08/20/2010) 08/20/2010 Notice to Stephen R. Astley, Jack Reise, Michael L. Greenwald: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov . Deadline by 8/30/2010. (cbb) (Entered: 08/20/2010) 08/26/2010 18 MOTION for Leave to Appear Pro Hac Vice as to Benjamin Lee Filing fee $ 250, receipt number 0419-1145529. by CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt. (Hutchinson, William). Motions referred to David S. Cayer. (Entered: 08/26/2010) 08/26/2010 19 MOTION for Leave to Appear Pro Hac Vice as to B. Warren Pope Filing fee $ 250, receipt number 0419-1145546. by CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt. (Hutchinson, William). Motions referred to David S. Cayer. (Entered: 08/26/2010) 08/27/2010 20 ORDER granting 18 Motion for Leave to Appear Pro Hac Vice as to Benjamin Lee and granting 19 Motion for Leave to Appear Pro Hac Vice as to B. Warren Pope; added Benjamin Lee and B. Warren Pope for CommScope, Inc., Frank M. Drendel, Brian Garrett and Jearld L. Leonhardt.. Signed by Magistrate Judge David S. Cayer on 8/27/2010. (smj) (Entered: 08/27/2010) 08/27/2010 Notice to B. Warren Pope: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov . Deadline by 9/7/2010. (smj) (Entered: 08/27/2010) 08/30/2010 21 ORDER appointing New York State Teamsters Conference Pension and Retirement Fund as Lead Plaintiff; granting 7 Motion to Appoint Counsel. Appointed Stephen R. Astley,Jack Reise,Michael L. Greenwald of Robbins Geller Rudman & Dowd LLP as Lead Counsel for New York State Teamsters Conference Pension and Retirement Fund and Essex Richards, P.A. as Liaison Counsel. Dfts remain free to raise any relevant argument should this litigation reach the class certification stage. Signed by District Judge Richard Voorhees on 8/30/2010. (cbb) (Entered: 08/30/2010) 08/31/2010 22 NOTICE of Appearance by Michael L. Greenwald on behalf of New York State Teamsters Conference Pension and Retirement Fund (Greenwald, Michael) (Entered: 08/31/2010) 08/31/2010 23 NOTICE of Appearance by Jack Reise on behalf of New York State Teamsters Conference Pension and Retirement Fund (Reise, Jack) (Entered: 08/31/2010) 08/31/2010 24 NOTICE of Appearance by Stephen R. Astley on behalf of New York State Teamsters Conference Pension and Retirement Fund (Astley, Stephen) (Entered: 08/31/2010) 10/04/2010 Second Notice to B. Warren Pope: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov . Deadline by 10/15/2010. (com) (Entered: 10/04/2010) 10/05/2010 25 NOTICE of Appearance by Marc Edward Gustafson on behalf of Electrical Workers Pension Trust Fund of IBEW Local Union No. 58, New York State Teamsters Conference Pension and Retirement Fund (Gustafson, Marc) (Entered: 10/05/2010) 10/29/2010 26 AMENDED COMPLAINT with Jury Demand against CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt, filed by New York State Teamsters Conference Pension and Retirement Fund.(Reise, Jack) (Entered: 10/29/2010) 12/06/2010 27 Consent MOTION for Extension of Time to Answer re: 26 Amended Complaint by CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt. (Attachments: # 1 Proposed Order)(Hutchinson, William). Motions referred to David S. Cayer. (Entered: 12/06/2010) 12/07/2010 28 ORDER granting 27 Motion for Extension of Time to Answer re 26 Amended Complaint. CommScope, Inc. answer due 12/23/2010; Frank M. Drendel answer due 12/23/2010; Brian Garrett answer due 12/23/2010; Jearld L. Leonhardt answer due 12/23/2010. Page limits on briefs are increased to 35 pages. See Order for additional deadlines. Signed by Magistrate Judge David S. Cayer on 12/7/10. (smj) (Entered: 12/07/2010) 12/23/2010 29 MOTION to Dismiss Plaintiff's Amended Class Action Complaint by CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt.Responses due by 1/10/2011. (Attachments: # 1 Memorandum, # 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, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O)(Lee, Benjamin) (Entered: 12/23/2010) 01/12/2011 30 Joint MOTION for Extension of Time to File Response/Reply by Electrical Workers Pension Trust Fund of IBEW Local Union No. 58, New York State Teamsters Conference Pension and Retirement Fund.Responses due by 1/31/2011. (Reise, Jack). Motions referred to David S. Cayer. (Entered: 01/12/2011) 01/13/2011 31 ORDER granting 30 Motion for Extension of Time to File Response/Reply re 29 MOTION to Dismiss Lead Plaintiff's Amended Class Action Complaint . Responses due by 2/24/2011. Dfts' rply brief due 30 days after lead plf's resp to Mot/Dism is filed. If Mot/Dism denied, dfts have 40 days to file Answer to Amd Cmp. Cnsl for dfts and lead plf will conduct IAC and file Cert/IAC w/i 20 days after entry of order denying motion. Signed by Magistrate Judge David S. Cayer on 1/13/2011. (cbb) (Entered: 01/13/2011) 02/24/2011 32 MEMORANDUM in Opposition re 29 MOTION to Dismiss Plaintiff's Amended Class Action Complaint by New York State Teamsters Conference Pension and Retirement Fund. Replies due by 3/7/2011. (Reise, Jack) (Entered: 02/24/2011) 03/28/2011 33 Notice of Substitution of Counsel by Cory Hohnbaum on behalf of Jearld L. Leonhardt, Frank M. Drendel, CommScope, Inc., Brian Garrett, Attorney William O. L. Hutchinson terminated. (Hohnbaum, Cory) (Entered: 03/28/2011) 03/28/2011 34 REPLY to Response to Motion re 29 MOTION to Dismiss Plaintiff's Amended Class Action Complaint by CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt. (Attachments: # 1 Exhibit A)(Lee, Benjamin) (Entered: 03/28/2011) 03/02/2012 35 NOTICE by New York State Teamsters Conference Pension and Retirement Fund Notice of Change of Firm Affiliation Effective March 2, 2012 (Reise, Jack) (Entered: 03/02/2012) 07/11/2013 Set/Reset Hearings: Jury Trial set for 9/3/2013 10:00 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees. (cbb) (Entered: 07/11/2013) 07/16/2013 36 NOTICE of Appearance by Benjamin Lee on behalf of CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt (Lee, Benjamin) (Entered: 07/16/2013) 07/16/2013 37 NOTICE of Appearance by B. Warren Pope on behalf of CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt (Pope, B.) (Entered: 07/16/2013) 07/16/2013 38 MOTION for Leave to Appear Pro Hac Vice as to M. Robert Thornton Filing fee $ 276, receipt number 0419-2055801. by CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt. (Hohnbaum, Cory). Motions referred to David S. Cayer. (Entered: 07/16/2013) 07/17/2013 39 ORDER granting 38 Motion for Leave to Appear Pro Hac Vice; added Martin Robert Thornton for CommScope, Inc., for Frank M. Drendel, for Brian Garrett, for Jearld L. Leonhardt. Signed by Magistrate Judge David S. Cayer on 7/17/2013. (cbb) (Entered: 07/17/2013) 07/17/2013 40 NOTICE of Appearance by Martin Robert Thornton on behalf of CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt (Thornton, Martin) (Entered: 07/17/2013) 07/18/2013 41 SCHEDULING ORDER, (Status Conference set for 8/7/2013 10:00 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees.) Signed by District Judge Richard Voorhees on 7/18/2013. (cbb) (Entered: 07/18/2013) 07/19/2013 42 NOTICE OF SUPPLEMENTAL AUTHORITY by CommScope, Inc., Frank M. Drendel, Brian Garrett, Jearld L. Leonhardt re 29 MOTION to Dismiss Plaintiff's Amended Class Action Complaint (Attachments: # 1 Exhibit A)(Lee, Benjamin) Modified on 7/23/2013 (cbb) to correct docket text. Regenerated NEF. (Entered: 07/19/2013) 07/29/2013 43 NOTICE OF SUPPLEMENTAL AUTHORITY by New York State Teamsters Conference Pension and Retirement Fund in support of 32 Memorandum in Opposition to Defendants' Motion to Dismiss the Amended Class Action Complaint (Attachments: # 1 Exhibit A)(Reise, Jack) Modified on 7/30/2013 (cbb) to correct docket text. Regenerated NEF. (Entered: 07/29/2013) 08/06/2013 44 MEMORANDUM AND ORDER granting 29 Defendants' Motion to Dismiss Plaintiff's Amended Class Action Complaint. Signed by District Judge Richard Voorhees on 8/6/13. (smj) (Entered: 08/06/2013) 08/06/2013 45 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Memorandum and Order dated 8/6/13. Signed by Clerk, Frank G. Johns. (smj) (Entered: 08/06/2013) 08/06/2013 NOTICE of Cancellation of Status Conference scheduled for 8/7/13 (smj) (Entered: 08/06/2013) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html