2007115_f01k_0614324
8 Pages

2007115_f01k_0614324

Course Number: ATRC 1036, Fall 2009

College/University: Stanford

Word Count: 2339

Rating:

Document Preview

US District Court Civil Docket as of 1/11/2008 Retrieved from the court on Friday, August 15, 2008 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:06-cv-14324-RJH Levine v. Atricure, Inc. et al Date Filed: Status: Nature of suit: Assigned to: Cause: Jurisdiction: Jury demand: Dec. 11, 2006 Open 850 Securities/Commodities Judge Richard J. Holwell 15:78m(a) Securities...

Unformatted Document Excerpt
Coursehero >> California >> Stanford >> ATRC 1036

Course Hero has millions of student submitted documents similar to the one
below including study guides, practice problems, reference materials, practice exams, textbook help and tutor support.

Course Hero has millions of student submitted documents similar to the one below including study guides, practice problems, reference materials, practice exams, textbook help and tutor support.

District US Court Civil Docket as of 1/11/2008 Retrieved from the court on Friday, August 15, 2008 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:06-cv-14324-RJH Levine v. Atricure, Inc. et al Date Filed: Status: Nature of suit: Assigned to: Cause: Jurisdiction: Jury demand: Dec. 11, 2006 Open 850 Securities/Commodities Judge Richard J. Holwell 15:78m(a) Securities Exchange Act Federal Question Plaintiff Parties and Attorneys Lead Plaintiff James Duncan Attorneys and Firms David Avi Rosenfeld Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) 58 South Service Road Suite 200 Melville, NY 11747 (631) 367-7100 Fax: (631) 367-1173 drosenfeld@csgrr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Attorneys and Firms David Avi Rosenfeld LEAD ATTORNEY ATTORNEY TO BE NOTICED (See above for address) Attorneys and Firms Samuel Howard Rudman Coughlin, Stoia, Geller, Rudman & Robbins, LLP(LIs) Lead Plaintiff Jackie Byrd Plaintiff Howard Levine individually and on behalf of all others similarly situated 58 South Service Road Suite 200 Melville, NY 11747 (631) 367-7100 Fax: (631) 367-1173 srudman@csgrr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Benjamin J. Hinerfeld Schiffrin Barroway Topaz & Kessler, LLP 280 King of Prussia Road Radnor, PA 19087 (610) 667-7706 Fax: (610) 667-7056 ATTORNEY TO BE NOTICED Katharine M. Ryan Schiffrin, Barroway, Topaz & Kessler, LLP 280 King of Prussia Road Radnor, Pa 19087 (610) 667-7706 Fax: (610) 667-7056 kryan@sbtklaw.com Defendant Atricure, Inc. Attorneys and Firms Douglas M. Kraus Skadden, Arps, Slate, Meagher & Flom LLP (NYC) Four Times Square New York, NY 10036 (212) 735-3000 x2510 Fax: (917) 777-2510 dkraus@skadden.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Attorneys and Firms Douglas M. Kraus LEAD ATTORNEY ATTORNEY TO BE NOTICED (See above for address) Attorneys and Firms Douglas M. Kraus (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant David J. Drachman Defendant Thomas Etergino Defendant UBS Securities L.L.C. Attorneys and Firms William Joseph Sushon O'Melveny & Myers, LLP Times Square Tower 7 Times Square New York, NY 10036 (212) 728-5693 Fax: (212) 218-9693 wsushon@omm.com ATTORNEY TO BE NOTICED LEAD ATTORNEY Attorneys and Firms William Joseph Sushon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Piper Jaffray & Co. Docket ProceedingsReverse Proceedings Req # 1 Filed Dec. 11, 2006 # 1 Docket Text COMPLAINT against Atricure, Inc., David J. Drachman, Thomas Etergino, UBS Securities L.L.C., Piper Jaffray & Co.. (Filing Fee $ 350.00, Receipt Number 599176)Document filed by Howard Levine.(laq, ) Additional attachment(s) added on 12/19/2006 (mbe, ). (Entered: 12/12/2006) SUMMONS ISSUED as to Atricure, Inc., David J. Drachman, Thomas Etergino, UBS Securities L.L.C., Piper Jaffray & Co.. (laq, ) (Entered: 12/12/2006) Magistrate Judge Theodore H. Katz is so designated. (laq, ) (Entered: 12/12/2006) Case Designated ECF. (laq, ) (Entered: 12/12/2006) INITIAL SCHEDULING CONFERENCE NOTICE AND ORDER: If such a consent order is not filed within the time provided,... Initial Conference set for 3/9/2007 11:00 AM before Judge Richard J.Holwell. In Courtroom 17B at the U.S. Courthouse, 500 Pearl Street, New York, New York, 10007. (Signed by Judge Richard J. Holwell on 12/29/06) (js, ) (Entered: 01/04/2007) ENDORSED LETTER addressed to Judge Richard J. Holwell from Douglas M. Kraus dated 1/4/07 re: A pre-motion conference wil not be required. Defendants may proceed with the proposed motions. The parties shall submit a proposed briefing schedule for the Court's approval. (Signed by Judge Richard J. Holwell on 1/10/07) (sac) (Entered: 01/16/2007) MOTION to Dismiss the Complaint. Document filed by Atricure, Inc., David J. Drachman, Thomas Etergino. (Attachments: # 1 Certificate of Service)(Kraus, Douglas) (Entered: 01/23/2007) DECLARATION of Douglas M. Kraus in Support re: 4 MOTION to 2 Dec. 11, 2006 3 4 5 Dec. 11, 2006 Dec. 11, 2006 Jan. 04, 2007 2 6 Jan. 16, 2007 3 7 Jan. 23, 2007 4 8 Jan. 23, 2007 5 Req # Filed # 9 Jan. 23, 2007 6 10 Jan. 23, 2007 7 11 12 Jan. 23, 2007 Jan. 30, 2007 8 9 13 Jan. 30, 2007 10 14 Jan. 31, 2007 11 15 Feb. 09, 2007 12 16 Feb. 09, 2007 13 17 Feb. 09, 2007 14 18 Feb. 20, 2007 15 Docket Text Dismiss the Complaint.. Document filed by Atricure, Inc., David J. Drachman, Thomas Etergino. (Attachments: # 1 Certificate of Service)(Kraus, Douglas) (Entered: 01/23/2007) MEMORANDUM OF LAW in Support re: 4 MOTION to Dismiss the Complaint.. Document filed by Atricure, Inc., David J. Drachman, Thomas Etergino. (Attachments: # 1 Certificate of Service)(Kraus, Douglas) (Entered: 01/23/2007) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Atricure, Inc..(Kraus, Douglas) (Entered: 01/23/2007) MOTION to Dismiss. Document filed by UBS Securities L.L.C., Piper Jaffray & Co..(Sushon, William) (Entered: 01/23/2007) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying UBS A.G. and UBS Americas, Inc. as Corporate Parent. Document filed by UBS Securities L.L.C..(Sushon, William) (Entered: 01/30/2007) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Piper Jaffray Companies as Corporate Parent. Document filed by Piper Jaffray & Co..(Sushon, William) (Entered: 01/30/2007) ENDORSED LETTER addressed to Judge Holwell from Samuel H. Rudman dated 1/24/07 re: response to letter of Douglas M. Kraus, dated January 23, 2007, concerning a briefing schedule for Defendants' motion to dismiss. The Court hereby stays briefing on defendant's motion to dismiss until resolution of lead plaintiff motions, Plaintiff's proposed schedule is hereby adopted. (Signed by Judge Richard J. Holwell on 1/25/07) (djc) (Entered: 02/01/2007) MOTION to Appoint James Duncan and Jackie Byrd to serve as lead plaintiff(s) and to Approve Their Selection of Co-Lead Counsel. Document filed by James Duncan, Jackie Byrd. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rosenfeld, David) (Entered: 02/09/2007) MEMORANDUM OF LAW in Support re: 12 MOTION to Appoint James Duncan and Jackie Byrd to serve as lead plaintiff(s) and to Approve Their Selection of Co-Lead Counsel. MOTION to Appoint James Duncan and Jackie Byrd to serve as lead plaintiff(s) and to Approve Their Selection of Co-Lead Counsel.. Document filed by James Duncan, Jackie Byrd. (Rosenfeld, David) (Entered: 02/09/2007) DECLARATION of David A. Rosenfeld in Support re: 12 MOTION to Appoint James Duncan and Jackie Byrd to serve as lead plaintiff(s) and to Approve Their Selection of Co-Lead Counsel. MOTION to Appoint James Duncan and Jackie Byrd to serve as lead plaintiff(s) and to Approve Their Selection of Co-Lead Counsel.. Document filed by James Duncan, Jackie Byrd. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Rosenfeld, David) (Entered: 02/09/2007) Objection re: 12 MOTION to Appoint James Duncan and Jackie Byrd to serve as lead plaintiff(s) and to Approve Their Selection of Co-Lead Counsel. MOTION to Appoint James Duncan and Jackie Byrd to serve as lead plaintiff(s) and to Approve Their Selection of Co-Lead Counsel.. Document filed by Atricure, Inc., David J. Drachman, Thomas Etergino. Req # 19 Filed Mar. 02, 2007 # 16 20 Mar. 13, 2007 17 21 Apr. 20, 2007 18 22 Apr. 25, 2007 19 23 May 24, 2007 24 Jun. 08, 2007 20 25 Jun. 28, 2007 21 26 Jul. 06, 2007 22 27 Jul. 20, 2007 23 28 Jul. 23, 2007 24 29 Aug. 01, 2007 25 30 Aug. 09, 2007 26 Docket Text (Kraus, Douglas) (Entered: 02/20/2007) REPLY MEMORANDUM OF LAW in Support re: 12 MOTION to Appoint James Duncan and Jackie Byrd to serve as lead plaintiff(s) and to Approve Their Selection of Co-Lead Counsel. MOTION to Appoint James Duncan and Jackie Byrd to serve as lead plaintiff(s) and to Approve Their Selection of Co-Lead Counsel. and in Response to Defendants' Objections to the Motion. Document filed by James Duncan, Jackie Byrd. (Rosenfeld, David) (Entered: 03/02/2007) ENDORSED LETTER addressed to Judge Richard J. Holwell from Douglas M. Kraus dated 3/5/07 re: Counsel writes to request an adjournment of the 3/9/07 conference until 4/27/07 at 10:00 a.m. So Ordered. Next PTC 4/27/07 @ 10 a.m. Pretrial Conference set for 4/27/2007 10:00 AM before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 3/12/07) (jco) (Entered: 03/14/2007) ORDER Pretrial Conference rescheduled for 5/2/2007 09:30 AM before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 4/20/07) (jco) (Entered: 04/23/2007) ORDER: the Rule 26(f) conference scheduled for 5/2/07 is adjourned sine die. (Signed by Judge Richard J. Holwell on 4/23/07) (db) (Entered: 04/25/2007) CASHIERS OFFICE REMARK in the amount of paid $25.00, on 05/10/2007, Receipt Number 614539. Payment Pro Hac Vice for Nicolette Tropiano. (jd) (Entered: 05/24/2007) ORDER: plaintiff's opposition as to defendants motion to dismiss is due 7/6/07; defendants reply is due 7/20/07. Set Deadlines as to 4 and 8 MOTIONS to Dismiss: Responses due by 7/6/2007 Replies due by 7/20/2007. (Signed by Judge Richard J. Holwell on 6/8/07) (db) (Entered: 06/08/2007) ORDER the Court has not determined the order in which it will decide the pending motions; however, it wishes both motions fully briefed at this time. To this extent, plaintiff's letter request for reconsideration is denied. Plaintiff is directed to file an opposition as scheduled limited to defendant's Rule 12(b)(1) motion to dismiss. SO ORDERED. (Signed by Judge Richard J. Holwell on 6/28/2007) (jmi) Modified on 6/29/2007 (Miles, Janeen). (Entered: 06/29/2007) MEMORANDUM OF LAW in Opposition re: 4 MOTION to Dismiss the Complaint., 8 MOTION to Dismiss.. Document filed by Howard Levine. (Rudman, Samuel) (Entered: 07/06/2007) REPLY MEMORANDUM OF LAW in Support re: 4 MOTION to Dismiss the Complaint.. Document filed by Atricure, Inc., David J. Drachman, Thomas Etergino. (Kraus, Douglas) (Entered: 07/20/2007) REPLY MEMORANDUM OF LAW in Support re: 8 MOTION to Dismiss.. Document filed by UBS Securities L.L.C., Piper Jaffray & Co.. (Sushon, William) (Entered: 07/23/2007) ORDER re pending motions:Oral Argument set for 8/15/2007 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 8/1/07) (cd) (Entered: 08/02/2007) MOTION for Katharine M. Ryan to Appear Pro Hac Vice. Document Req # 31 32 Filed Aug. 09, 2007 Aug. 16, 2007 # 27 33 34 35 Sep. 04, 2007 Sep. 12, 2007 Sep. 13, 2007 28 29 30 36 Sep. 14, 2007 31 37 Sep. 14, 2007 38 Sep. 14, 2007 32 39 Sep. 14, 2007 40 Sep. 17, 2007 33 41 Sep. 27, 2007 34 42 Sep. 27, 2007 35 Docket Text filed by Howard Levine.(jco) (Entered: 08/15/2007) MOTION for Benjamin J. Hinerfeld to Appear Pro Hac Vice. Document filed by Howard Levine.(jco) (Entered: 08/15/2007) CASHIERS OFFICE REMARK on 27 Motion to Appear Pro Hac Vice, 26 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 08/09/2007, Receipt Number 623356. (jd) (Entered: 08/16/2007) TRANSCRIPT of proceedings held on 8/15/07 before Judge Richard J. Holwell. (jbe) (Entered: 09/04/2007) NOTICE of Firm Name Change. Document filed by Howard Levine. (Alba, Mario) (Entered: 09/12/2007) MEMORANDUM OPINION AND ORDER #95179: Defendants motion to dismiss Levine's complaint [4,8] is DENIED. The Motion to appoint James Duncan and Jackie Byrd as lead plaintiffs 12 is GRANTED. The Court approves Duncan and Byrd's selection of Lerach Couglin and SBTK as co-lead counsel. (Signed by Judge Richard J. Holwell on 9/13/07) (db) Modified on 9/18/2007 (Lewis, Diahann). (Entered: 09/13/2007) ADMISSION TO PRACTICE PRO HAC VICE: granting 27 Motion for Benjamin J. Hinerfeld to Appear Pro Hac Vice for plaintiff Howard Levine in this case in USDC/SDNY. All attorneys appearing before this court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the ECF system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Richard J. Holwell on 9/14/07) (dle) (Entered: 09/14/2007) Transmission to Attorney Admissions Clerk. Transmitted re: 31 Order on Motion to Appear Pro Hac Vice,,, to the Attorney Admissions Clerk for updating of Attorney Information. (dle) (Entered: 09/14/2007) ADMISSION TO PRACTICE PRO HAC VICE: granting 26 Motion for Katharine M. Ryan to Appear Pro Hac Vice for plaintiff Howard Levine in this case in USDC/SDNY. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the ECF system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Richard J. Holwell on 9/14/07) (dle) (Entered: 09/14/2007) Transmission to Attorney Admissions Clerk. Transmitted re: 32 Order on Motion to Appear Pro Hac Vice,,, to the Attorney Admissions Clerk for updating of Attorney Information. (dle) (Entered: 09/14/2007) ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Benjamin J. Hinerfeld for Howard Levine admitted Pro Hac Vice. (Signed by Judge Richard J. Holwell on 9/14/07) (pl) (Entered: 09/18/2007) MOTION for Reconsideration re; 30 Memorandum & Opinion, (Or In The Alternative, To Certify An Interlocutory Appeal). Document filed by Atricure, Inc., David J. Drachman, Thomas Etergino.(Kraus, Douglas) (Entered: 09/27/2007) MEMORANDUM OF LAW in Support re: 34 MOTION for Req # Filed # 43 Sep. 27, 2007 36 44 Oct. 01, 2007 37 45 Oct. 03, 2007 38 46 Oct. 15, 2007 39 47 Oct. 22, 2007 40 48 Oct. 22, 2007 41 49 Oct. 30, 2007 42 50 51 52 Nov. 05, 2007 Nov. 05, 2007 Nov. 05, 2007 43 44 45 Docket Text Reconsideration re; 30 Memorandum & Opinion, (Or In The Alternative, To Certify An Interlocutory Appeal).. Document filed by Atricure, Inc., David J. Drachman, Thomas Etergino. (Kraus, Douglas) (Entered: 09/27/2007) FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re; 30 Memorandum & Opinion, (Or In The Alternative, To Certify An Interlocutory Appeal)(NOTICE OF JOINDER). Document filed by UBS Securities L.L.C., Piper Jaffray & Co..(Sushon, William) Modified on 4/9/2008 (KA). (Entered: 09/27/2007) ENDORSED LETTER addressed to Judge Richard J. Holwell from Douglas M. Kraus dated 9/24/07 re: Counsel for defendants AtriCure, Inc, David J. Drachman and Thomas Etergino request a thirty (30)-day extension of time to serve their answer to the complaint. ENDORSEMENT: Application Granted. (Signed by Judge Richard J. Holwell on 9/28/07) (tro) (Entered: 10/01/2007) STIPULATION EXTENDING TIME, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES HERETO that the time for the Defendants UBS Securities L.L.C. and Piper Jaffray & Co. to move, answer or otherwise respond to the complaint shall be extended to 10/27/2007. (Signed by Judge Richard J. Holwell on 10/2/07) (tro) (Entered: 10/03/2007) MEMORANDUM OF LAW in Opposition re: 36 MOTION for Reconsideration re; 30 Memorandum & Opinion, (Or In The Alternative, To Certify An Interlocutory Appeal)., 34 MOTION for Reconsideration re; 30 Memorandum & Opinion, (Or In The Alternative, To Certify An Interlocutory Appeal).. Document filed by Howard Levine, James Duncan, Jackie Byrd. (Rosenfeld, David) (Entered: 10/15/2007) REPLY MEMORANDUM OF LAW in Support re: 34 MOTION for Reconsideration re; 30 Memorandum & Opinion, (Or In The Alternative, To Certify An Interlocutory Appeal).. Document filed by Atricure, Inc., David J. Drachman, Thomas Etergino. (Kraus, Douglas) (Entered: 10/22/2007) REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Reconsideration re; 30 Memorandum & Opinion, (Or In The Alternative, To Certify An Interlocutory Appeal).. Document filed by UBS Securities L.L.C., Piper Jaffray & Co.. (Sushon, William) (Entered: 10/22/2007) ENDORSED LETTER addressed to Judge Richard J. Holwell from Douglas M. Kraus dated 10/24/07 re: a request for an extension of time for the AtriCure defendants to answer the complaint in this action. ENDORSEMENT: Defendant shall file by 11/5/2007. Oral argument on defendants' motion for reconsideration shall be held on 11/19/2007 at 11:00 AM. (Signed by Judge Richard J. Holwell on 10/29/07) (kco) (Entered: 10/30/2007) ANSWER to Complaint. Document filed by Atricure, Inc., David J. Drachman, Thomas Etergino.(Kraus, Douglas) (Entered: 11/05/2007) ANSWER to Complaint. Document filed by UBS Securities L.L.C..(Sushon, William) (Entered: 11/05/2007) ANSWER to Complaint. Document filed by Piper Jaffray & Co..(Sushon, William) (Entered: 11/05/2007) Req # 53 Filed Nov. 09, 2007 # 46 54 55 56 Nov. 20, 2007 Jan. 11, 2008 Jan. 11, 2008 47 48 Docket Text ORDER: The pretrial conference for oral argument scheduled for November 19, 2007 is rescheduled for 11/20/2007 at 02:00 PM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 11/9/07) (tro) (Entered: 11/09/2007) MEMORANDUM TO THE DOCKET CLERK: Oral argument held; Court reserved decision. (djc) (Entered: 12/11/2007) TRANSCRIPT of proceedings held on 11/20/07 before Judge Judge Richard J. Holwell. (tro) (Entered: 01/11/2008) TRANSCRIPT of proceedings held on 11/20/07 before Judge Judge Richard J. Holwell. (tro) (Entered: 01/11/2008)

Textbooks related to the document above:

MOST POPULAR MATERIALS FROM Stanford