District US Court Civil Docket as of 3/5/2009 Retrieved from the court on Thursday, March 19, 2009
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:07-cv-08375-SWK
In re Moody's Corporation Securities Litigation
Date Filed: Nature of suit: Assigned to: Cause: Jurisdiction: Jury demand: Member cases: Sep. 26, 2007 850 Securities/Commodities Judge Shirley Wohl Kram 15:78m(a) Securities Exchange Act Federal Question Plaintiff 1:08-cv-01536-SWK Nach et al v. Huber 1:08-cv-01536-SWK Nach et al v. Huber
Parties and Attorneys
Lead Plaintiff Charles McCurley, Jr. Attorneys and Firms Aaron D. Hovan Kirby McInerney LLP 825 Third Avenue 13th Floor New York, NY 10022 [phone] Fax: [phone] [e-mail] ATTORNEY TO BE NOTICED Daniel Hume Kirby McInerney LLP 825 Third Avenue 13th Floor New York, NY 10022 [phone] Fax: [phone] [e-mail] ATTORNEY TO BE NOTICED Ira M. Press Kirby McInerney LLP 825 Third Avenue 13th Floor
New York, NY 10022 [phone] Fax: [phone] [e-mail] ATTORNEY TO BE NOTICED Plaintiff Teamsters Local 282 Pension Trust Fund individually and on behalf of all others similarly situated Attorneys and Firms Ira M. Press (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Aaron D. Hovan (See above for address) ATTORNEY TO BE NOTICED Daniel Hume (See above for address) ATTORNEY TO BE NOTICED Attorneys and Firms Ira M. Press LEAD ATTORNEY ATTORNEY TO BE NOTICED (See above for address) Benjamin J. Hinerfeld Barroway Topaz Kessler Meltzer & Check, LLP (PA) 280 King of Prussia Road Radnor, PA 19087 [phone] Fax: [phone] [e-mail] Jennifer L. Keeney Barroway Topaz Kessler Meltzer & Check, LLP (PA) 280 King of Prussia Road Radnor, PA 19087 [phone] Fax: [phone] [e-mail] PRO HAC VICE Michael K. Yarnoff Barroway Topaz Kessler Meltzer & Check,LLP 280 King of Prussia Road Radnor, PA 19087 [phone] Fax: [phone] [e-mail]
Consolidated Plaintiff Raphael Nach individually and on behalf of all others similarly situated
Consolidated Plaintiff M.D. Lewis Wetstein
Attorneys and Firms Frederick W. Gerkens , III Glancy Binkow & Goldberg LLP 1430 Broadway Suite 1603 New York, NY 10018 [phone] Fax: [phone] [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Ira M. Press (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lauren Wagner Pederson Barroway Topaz Kessler Meltzer & Check, LLP (PA) 280 King of Prussia Road Radnor, PA 19087 [phone] Fax: [phone] [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Aaron D. Hovan (See above for address) ATTORNEY TO BE NOTICED Benjamin J. Hinerfeld (See above for address) Daniel Hume (See above for address) ATTORNEY TO BE NOTICED Jennifer L. Keeney (See above for address) PRO HAC VICE Michael K. Yarnoff (See above for address) Attorneys and Firms Frederick W. Gerkens , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ira M. Press (See above for address) LEAD ATTORNEY
Consolidated Plaintiff Teamsters Local 282 Group
ATTORNEY TO BE NOTICED Benjamin J. Hinerfeld (See above for address) Jennifer L. Keeney (See above for address) PRO HAC VICE Michael K. Yarnoff (See above for address) Defendant Moody's Corporation Attorneys and Firms Sharon L. Nelles Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 [phone] [e-mail] Fax: [phone] LEAD ATTORNEY ATTORNEY TO BE NOTICED Darrell Scott Cafasso Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 [phone] Fax: [phone] [e-mail] ATTORNEY TO BE NOTICED Stephen Ehrenberg Sullivan and Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 [phone] Fax: [phone] [e-mail] ATTORNEY TO BE NOTICED Attorneys and Firms Sharon L. Nelles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Darrell Scott Cafasso (See above for address) ATTORNEY TO BE NOTICED Stephen Ehrenberg (See above for address) ATTORNEY TO BE NOTICED
Defendant Linda S. Huber
Defendant Raymond McDaniel, Jr.
Attorneys and Firms Sharon L. Nelles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Attorneys and Firms Sharon L. Nelles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Attorneys and Firms Sharon L. Nelles (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Brian M. Clarkson
Defendant Michael Kanef
Docket ProceedingsReverse Proceedings
Req # 1 Filed Sep. 26, 2007 # 1 Docket Text COMPLAINT against Moody's Corporation, Linda S. Huber. (Filing Fee $ 350.00, Receipt Number 628137)Document filed by Teamsters Local 282 Pension Trust Fund.(jeh) (Entered: 09/27/2007) SUMMONS ISSUED as to Moody's Corporation, Linda S. Huber. (jeh) (Entered: 09/27/2007) Case Designated ECF. (jeh) (Entered: 09/27/2007) Magistrate Judge Andrew J. Peck is so designated. (jeh) (Entered: 09/27/2007) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Teamsters Local 282 Pension Trust Fund.(jeh) (Entered: 09/27/2007) NOTICE OF APPEARANCE by Sharon L. Nelles on behalf of Moody's Corporation, Linda S. Huber (Nelles, Sharon) (Entered: 04/04/2008) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Moody's Corporation.(Nelles, Sharon) (Entered: 04/04/2008) NOTICE OF APPEARANCE by Stephen Ehrenberg on behalf of Moody's Corporation, Linda S. Huber (Ehrenberg, Stephen) (Entered: 04/04/2008) NOTICE OF APPEARANCE by Darrell Scott Cafasso on behalf of Moody's Corporation, Linda S. Huber (Cafasso, Darrell) (Entered: 04/10/2008) STIPULATION AND ORDER ON SCHEDULING AND CONSOLIDATION: That this action is consolidated as the LEAD case or Master File (07cv8375) with an other related cases that or filed and/or transferred to this district (those cases as MEMBER cases) for all purposes. An original copy of this Order shall be placed in the Master File 07cv8375. The Clerk shall mail a copy of this Order to counsel of record in the Consolidated Action. Every pleading filed in the consolidated action shall
2 3 4 5
Sep. 26, 2007 Sep. 26, 2007 Sep. 26, 2007 Sep. 26, 2007 2
6 7
Apr. 04, 2008 Apr. 04, 2008
3 4
8 9
Apr. 04, 2008 Apr. 10, 2008
5 6
10
Apr. 28, 2008
7
Req #
Filed
#
11
May 28, 2008
8
12
Jun. 27, 2008
9
13
Jul. 29, 2008
10
14
Aug. 19, 2008
11
15
Sep. 03, 2008
12
16
Sep. 03, 2008
13
Docket Text have the following caption - In re Moody's Corporation Securities Litigation. All other details regarding this Consolidation Order is as further set forth in said Order. (Signed by Judge Shirley Wohl Kram on 4/28/08) (db) (Entered: 04/28/2008) ORDER: For reasons further set forth in the 7 Stipulation and Order filed on 4/28/08, case 08cv1536 (SWK) is hereby consolidated as Member Case with Lead Case 07cv8375 (SWK) for all purposes, including pretrial proceedings, trial and appeal. Attorneys who filed a notice of appearance in the "Nach" action shall be added to the attorneys to be noticed in the consolidated action. (Signed by Judge Shirley Wohl Kram on 5/28/08) Filed In Associated Cases: 1:07-cv-08375-SWK, 1:08-cv-01536-SWK(db) (Entered: 05/28/2008) CONSOLIDATED AMENDED COMPLAINT amending 1 Complaint against Raymond McDaniel, Jr, Brian M. Clarkson, Michael Kanef, Moody's Corporation. Document filed by Charles McCurley, Jr, Teamsters Local 282 Pension Trust Fund, Lewis Wetstein. Related document: 1 Complaint filed by Teamsters Local 282 Pension Trust Fund. (Attachments: # 1 part 2)(dle) (Entered: 07/01/2008) NOTICE OF CHANGE OF ADDRESS by Ira M. Press on behalf of Teamsters Local 282 Pension Trust Fund, Raphael Nach, Lewis Wetstein, Teamsters Local 282 Group, Charles McCurley, Jr. New Address: Kirby McInerney LLP, 825 Third Avenue, 16 Floor, New York, New York, USA 10022, [phone]. Filed In Associated Cases: 1:07-cv-08375-SWK, 1:08-cv-01536-SWK(Press, Ira) (Entered: 07/29/2008) ORDER: Pursuant to Rule 5 of the Court's Rules for Attorneys, counsel for lead plaintiffs have requested a pre-motion conference in order to address their contemplated motion to modify the discovery stay imposed by their contemplated motion to modify the discovery stay imposed by the Private Securities Litigation reform Act of 1995. Counsel have summarized the grounds for the contemplated motion and provided a draft copy of that motion and provided a draft copy of that motion, as well as a supporting affidavit. After reviewing these materials, the Court has determined that lead plaintiffs shall confer with counsel for defendants regarding a briefing schedule. On or before August 26, 2008, or shall file a brief statement explaining why their attempts to agree upon a schedule have failed. (Signed by Judge Shirley Wohl Kram on 8/19/08) (js) (Entered: 08/20/2008) STIPULATION AND REVISED SCHEDULING ORDER, Moody's Corporation answer due 9/26/2008; Linda S. Huber answer due 9/26/2008; Raymond McDaniel, Jr answer due 9/26/2008; Brian M. Clarks answer due 9/26/2008; Michael Kanef answer due 9/26/2008. In the event that defendants move to dismiss or otherwise respond by motion to the Consolidated Amended Complaint in lieu of an answer, lead plaintiffs shall have until 11/17/08 to respond in opposition, and defendants shall have until 12/19/08 to reply. (Signed by Judge Shirley Wohl on Kram 9/3/08) (cd) (Entered: 09/03/2008) STIPULATION TO ESTABLISH BRIEFING SCHEDULE that plaintiffs may file their motion to modify the PSLRA discovery stay on or before 9/4/08. Defendants shall file their opposition to plaintiffs' motion to modify the PSLRA discovery stay on 9/26/08. Plaintiffs shall file their reply to
Req #
Filed
#
17
Sep. 04, 2008
14
18
Sep. 04, 2008
15
19
Sep. 04, 2008
16
20
Sep. 10, 2008
17
21
Sep. 26, 2008
18
22
Sep. 26, 2008
19
23
Sep. 26, 2008
20
24
Sep. 26, 2008
21
25
Sep. 26, 2008
22
26 27
Oct. 01, 2008 Oct. 01, 2008
23 24
Docket Text defendants' opposition on 10/17/08. ( Motion due by 9/4/2008. Reply due by 10/17/2008. Response due by 9/26/2008) (Signed by Judge Shirley Wohl Kram on 9/3/08) (cd) (Entered: 09/03/2008) MOTION for Discovery - Notice of Lead Plaintiffs' Motion for Partial Modification of the PSLRA Discovery Stay. Document filed by Lewis Wetstein, Teamsters Local 282 Group, Charles McCurley, Jr.(Press, Ira) (Entered: 09/04/2008) MEMORANDUM OF LAW in Support re: 14 MOTION for Discovery Notice of Lead Plaintiffs' Motion for Partial Modification of the PSLRA Discovery Stay.. Document filed by Lewis Wetstein, Teamsters Local 282 Group, Charles McCurley, Jr. (Press, Ira) (Entered: 09/04/2008) AFFIDAVIT of Ira M. Press in Support re: 14 MOTION for Discovery Notice of Lead Plaintiffs' Motion for Partial Modification of the PSLRA Discovery Stay.. Document filed by Lewis Wetstein, Teamsters Local 282 Group, Charles McCurley, Jr. (Attachments: # 1 Exhibit A - SEC Report, # 2 Exhibit B - Proposed Document Request)(Press, Ira) (Entered: 09/04/2008) AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Berkshire Hathaway, Inc. as corporate parent. Document filed by Moody's Corporation.(Nelles, Sharon) (Entered: 09/10/2008) MEMORANDUM OF LAW in Opposition re: 14 MOTION for Discovery - Notice of Lead Plaintiffs' Motion for Partial Modification of the PSLRA Discovery Stay.. Document filed by Moody's Corporation, Linda S. Huber, Raymond McDaniel, Jr, Brian M. Clarkson, Michael Kanef. (Nelles, Sharon) (Entered: 09/26/2008) DECLARATION of Stephen Ehrenberg in Opposition re: 14 MOTION for Discovery - Notice of Lead Plaintiffs' Motion for Partial Modification of the PSLRA Discovery Stay.. Document filed by Moody's Corporation, Linda S. Huber, Raymond McDaniel, Jr, Brian M. Clarkson, Michael Kanef. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Nelles, Sharon) (Entered: 09/26/2008) MOTION to Dismiss the Consolidated Amended Complaint. Document filed by Moody's Corporation, Linda S. Huber, Raymond McDaniel, Jr, Brian M. Clarkson, Michael Kanef. Responses due by 11/17/2009(Nelles, Sharon) (Entered: 09/26/2008) MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss the Consolidated Amended Complaint.. Document filed by Moody's Corporation, Linda S. Huber, Raymond McDaniel, Jr, Brian M. Clarkson, Michael Kanef. (Nelles, Sharon) (Entered: 09/26/2008) DECLARATION of Darrell S. Cafasso in Support re: 20 MOTION to Dismiss the Consolidated Amended Complaint.. Document filed by Moody's Corporation, Linda S. Huber, Raymond McDaniel, Jr, Brian M. Clarkson, Michael Kanef. (Attachments: # 1 Exhibit A, # 2 Exhibit B-E, # 3 Exhibit F-K, # 4 Exhibit L-N, # 5 Exhibit O-R, # 6 Exhibit S, # 7 Exhibit T-Z)(Nelles, Sharon) (Entered: 09/26/2008) NOTICE OF APPEARANCE by Lauren Wagner Pederson on behalf of Lewis Wetstein (Pederson, Lauren) (Entered: 10/01/2008) ENDORSED LETTER addressed to Judge Shirley Wohl Kram from Sharon L. Nelles dated 9/22/2008 re: Counsel respectfully request an
Req #
Filed
#
28
Oct. 17, 2008
25
29
Oct. 17, 2008
26
30
Oct. 17, 2008
27
31
Nov. 17, 2008
28
32
Nov. 17, 2008
29
33
Nov. 17, 2008
30
34
Nov. 20, 2008
31
35
Dec. 12, 2008
32
Docket Text additional 10 pages for plaintiff's memorandum of law in support of their opposition to the motion to dismiss. ENDORSEMENT: So Ordered. (Signed by Judge Shirley Wohl Kram on 9/26/2008) (jfe) (Entered: 10/01/2008) REPLY MEMORANDUM OF LAW in Support re: (14 in 1:07-cv-08375SWK) MOTION for Discovery - Notice of Lead Plaintiffs' Motion for Partial Modification of the PSLRA Discovery Stay.. Document filed by Teamsters Local 282 Pension Trust Fund, Charles McCurley, Jr, Lewis Wetstein. Filed In Associated Cases: 1:07-cv-08375-SWK, 1:08-cv-01536SWK(Hume, Daniel) (Entered: 10/17/2008) DECLARATION of Daniel Hume in Support re: (14 in 1:07-cv-08375SWK) MOTION for Discovery - Notice of Lead Plaintiffs' Motion for Partial Modification of the PSLRA Discovery Stay.. Document filed by Teamsters Local 282 Pension Trust Fund, Lewis Wetstein, Charles McCurley, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:07-cv-08375-SWK, 1:08-cv-01536-SWK(Hume, Daniel) (Entered: 10/17/2008) AFFIDAVIT OF SERVICE of Reply Memorandum in Support of Lead Plaintiff Motion And Declaration of Daniel Hume with Exhibits A&B served on 10/17/2008. Service was made by Mail. Document filed by Teamsters Local 282 Pension Trust Fund, Lewis Wetstein, Charles McCurley, Jr. Filed In Associated Cases: 1:07-cv-08375-SWK, 1:08-cv01536-SWK(Hume, Daniel) (Entered: 10/17/2008) DECLARATION of Daniel Hume in Opposition re: (20 in 1:07-cv-08375SWK) MOTION to Dismiss the Consolidated Amended Complaint.. Document filed by Lewis Wetstein, Teamsters Local 282 Group, Charles McCurley, Jr. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3, # 4 Exhibit A Part 4, # 5 Exhibit A Part 5, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I Part 1, # 14 Exh...