District US Court Civil Docket as of 12/13/1999 Retrieved from the court on Thursday, April 13, 2006
United States District Court Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:98-cv-00260-LB
SURGENER v. CENTOCOR, INC., et al Assigned to: JUDGE LOUIS C. BECHTLE Demand: $0 Cause: 15:78m(a) Securities Exchange Act IN RE: IN RE CENTOCOR, INC. SECURITIES LITIGATION, III
Date Filed: 01/16/1998 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
represented by JILL ABRAMS ABBEY, GARDY & SQUITIERI, LLP 212 E. 39TH ST. NEW YORK, NY 10016 LEAD ATTORNEY ATTORNEY TO BE NOTICED MARK C. GARDY ABBEY GARDY, LLP 312 EAST 39TH ST. NEW YORK, NY 10016 212-889-3700 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff FRED SURGENER INDIVIDUALLY AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED TERMINATED: 06/07/1999 represented by DEBORAH R. GROSS LAW OFFICES BERNARD M. GROSS, PC JUNIPER & MARKET STREETS JOHN WANAMAKER BLDG , SUITE 450 PHILADELPHIA, PA 19107 215-561-3600 Fax: [phone] Email: [e-mail] TERMINATED: 06/07/1999 LEAD ATTORNEY ROBERT P. FRUTKIN LAW OFFICES BERNARD M. GROSS PC 450 JOHN WANAMAKER BLDG
JUNIPER & MARKET STS. PHILADELPHIA, PA 19107 215-561-3600 Fax: [phone] Email: [e-mail] TERMINATED: 06/07/1999 LEAD ATTORNEY STEPHEN T. RODD ABBEY, GARDY SQUITIERI, LLP 212 EAST 39th STREET NEW YORK, NY 10016 FAX [phone] Fax: FAX [phone] TERMINATED: 06/07/1999 LEAD ATTORNEY
V. Defendant CENTOCOR, INC. represented by ELEANOR MORRIS ILLOWAY HARKINS CUNNINGHAM LLP 2800 ONE COMMERCE SQUARE 2005 MARKET ST PHILADELPHIA, PA 19103 215-851-6700 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED GAY BARLOW PARKS RAINVILLE HARKINS CUNNINGHAM 2800 ONE COMMERCE SQUARE 2005 MARKET STREET PHILADELPHIA, PA 19103-7042 TEL [phone] LEAD ATTORNEY ATTORNEY TO BE NOTICED JOHN G. HARKINS, JR. HARKINS CUNNINGHAM 2800 ONE COMMERCE SQUARE 2005 MARKET ST PHILADELPHIA, PA 19103-7042 215-851-6700 Fax: [phone] Email: [e-mail] LEAD ATTORNEY
ATTORNEY TO BE NOTICED Defendant DAVID P. HOLVECK represented by ELEANOR MORRIS ILLOWAY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED GAY BARLOW PARKS RAINVILLE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED JOHN G. HARKINS, JR. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed
01/16/1998 01/16/1998 01/16/1998 01/16/1998 03/12/1998
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Docket Text
1 Complaint. filing fee $ 150 receipt # 655188 (aam) (Entered: 01/20/1998) Summons(es) issued; 2 originals mailed to: Counsel 1/20/98 (aam) (Entered: 01/20/1998) Demand for jury trial by PLAINTIFF FRED SURGENER. (aam) (Entered: 01/20/1998) Special Case Management Track. (aam) (Entered: 01/20/1998) 2 Appearance of GAY BARLOW PARKS RAINVILLE for DEFENDANT CENTOCOR, INC., DEFENDANT DAVID P. HOLVECK, Certificate of Service. (lawmfa2) (Entered: 03/12/1998) 3 MOTION by PLAINTIFF FRED SURGENER FOR APPOINTMENT OF LEAD PLAINTIFFS AND APPROVAL OF CO-LEAD COUNSEL , MEMORANDUM, AFFIDAVIT OF DEBRORAH R. GROSS, CERTIFICATE OF SERVICE. (lawmfa2) (Entered: 03/20/1998) 4 ORDER THAT A HEARING IS SCHEDULED ON MOTION FOR APPOINTMENT OF LEAD PLAINTIFFS AND APPROVAL OF CO-LEAD COUNSEL. THE HEARING WILL BE HELD ON 5/26/98 AT 10:00 A.M. ( SIGNED BY JUDGE LOUIS C. BECHTLE ) 5/19/98 ENTERED AND COPIES MAILED AND FAXED. (fe) (Entered: 05/19/1998) 5 MOTION BY PLAINTIFF FRED SURGENER FOR STEPHEN T. RODD AND JILL S. ABRAMS TO APPEAR PRO HAC VICE , CERTIFICATE OF SERVICE. (dt) (Entered: 05/26/1998)
03/20/1998
05/18/1998
05/22/1998
05/26/1998
6 Minute entry: 5/26/98 hearing, D. Gross addresses the court on status of case. Motions to consolidate, appoint plaintiffs' lead counsel, to appoint co-lead plaintiffs are all granted. Fred Surgener shall submit an amended certificate in accordance with the requirements of Private Securities Litigation Reform Act. Plaintiff shall file a consolidate complaint within one week. Defendant has 30 days, from today, to respond to the complaint. If defendant response by filing a motion, Plaintiff shall respond to said motion within 30 days. (jl) (Entered: 05/27/1998) 7 ORDER THAT FRED SURGENER SHALL SUBMIT AN AMENDED CERTIFICATE IN ACCORDANCE WITH THE REQUIREMENTS OF PRIVATE SECURITIES LITIGATION REFORM ACT, AS SET FORTH THIS DAY AT A HEARING HELD IN OPEN COURT. ( SIGNED BY JUDGE LOUIS C. BECHTLE ) 5/27/98 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 05/27/1998) 8 ORDER THAT THE CAPTIONED ACTIONS 98-260, 98-353 AND 98-537 ARE CONSOLIDATED UNDER THE CAPTION IN RE: CENTOCOR SECURITIES LITIGATION III, C.A. 98-260; ALL RELATED ACTIONS THAT ARE SUBSEQUENTLY FILED IN, OR TRANSFERRED TO, THIS DISTRICT SHALL BE CONSOLIDATED INTO THIS ACTION ETC; THE PARTIES SHALL FILE A NOTICE OF RELATED CASES WHENEVER A CASE THAT SHOULD BE CONSOLIDATED INTO THIS ACTION IS FILED IN, OR TRANSFERRED TO, THIS DISTRICT; THE CLERK SHALL: PLACE A COPY OF THIS ORDER IN THE SEPARATE FOR SUCH ACTION; SERVE ON PLAINTIFF'S COUNSEL IN THE NEW CASE A COPY OF THIS ORDER; SERVE ON PLAINTIFF'S COUNSEL IN THE NEW CASE A COPY OF THIS ORDER; DIRECT THAT THIS ORDER SERVED UPON DEFENDANTS IN THE NEW CASE; MAKE THE ENTRY IN THE MASTER DOCKET; THE DOCKET IN 98-260 SHALL CONSTITUTE THE MASTER DOCKET FOR EVERY ACTION IN THE CONSOLIDATED ACTION; EVERY PLEADING FILED SHALL BEAR THE FOLLOWING CAPTION: IN RE CENTOCOR, INC., SECURITIES LITIGATION, III; WHEN THE DOCUMENT BEING FILED PERTAINS TO ALL ACTIONS, THE PHRASE "ALL ACTIONS" SHALL APPEAR IMMEDIATELY AFTER THE PHRASE "THIS DOCUMENT RELATES TO.", WHEN A PLEADING APPLIES ONLY TO SOME, NOT ALL, OF THE ACTIONS, THE DOCUMENT SHALL LIST, IMMEDIATELY AFTER THE PHRASE "THIS DOCUMENT RELATES TO," THE DOCKET NUMBER FOR EACH INDIVIDUAL ACTION TO WHICH THE DOCUMENT APPLIES ETC; ANY COUNSEL OF RECORD FOR A PARTY IN THIS ACTION WHO IS NOT A MEMBER OF THE BAR OF THIS DISTRICT IS HEREBY ADMITTED TO PRACTICE PRO HAC VICE; MOTION FOR APPOINTMENT OF LEAD COUNSEL IS GRANTED; CO-LEAD COUNSEL ARE DEBORAH R GROSS, ESQ. AND JILL ABRAMS, ESQ. AND MARC GARDY, ESQ.; MOTION FOR APPOINTMENT OF LEAD PLAINTIFFS IS GRANTED BECAUSE THE NAMED PLAINTIFFS HAVE SATISFIED THE REQUIREMENTS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995; CO LEAD WILL BE FRED SURGENER, JOHN MORTENSEN, STUART KROSSER, STEVEN PETROSKY, JERRY W. AND MARILYN DAVIS, SEAN KELLY AND CHRISTOPHER HAYES; PLAINTIFFS SHALL FILE A CONSOLIDATED COMPLAINT WITHIN 1 WEEK; DEFENDANTS SHALL RESPOND TO THE CONSOLIDATED COMPLAINT BY 6/25/98 ETC; (
05/26/1998
05/27/1998
SIGNED BY JUDGE LOUIS C. BECHTLE ) 5/27/98 ENTERED AND COPIES MAILED (ph) Modified on 06/10/1998 (Entered: 05/27/1998) 05/27/1998 06/02/1998 06/05/1998 06/10/1998 Consolidated Lead Case (ph) (Entered: 05/27/1998) 9 Consoldated class action Complaint, certificate of service. (sc) (Entered: 06/03/1998) 10 Transcript for Hearing, May 26, 1998. (fe) (Entered: 06/08/1998) 11 ORDER THAT MOTION FOR ADMISSION PRO HAC VICE OF STEPHEN T. RODD AND JILL S. ABRAMS IS GRANTED AND ATTORNEYS ARE GRANTED LEAVE TO APPEAR PRO HAC VICE ON BEHALF OF PLFF. ( SIGNED BY JUDGE LOUIS C. BECHTLE ) 6/10/98 ENTERED AND COPIES MAILED AND FAXED 6/10/98. (sc) (Entered: 06/10/1998) 12 MOTION BY DEFENDANT CENTOCOR, INC., DEFENDANT DAVID P. HOLVECK TO DISMISS THE CONSOLIDATED CLASS ACTION COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (kw) (Entered: 06/26/1998) 13 Memorandum by PLAINTIFF FRED SURGENER opposition in to MOTION TO DISMISS THE CONSOLIDATED CLASS ACTION COMPLAINT , Certificate of Service. (fe) (Entered: 07/24/1998) 14 MOTION BY DEFENDANT CENTOCOR, INC., DEFENDANT DAVID P. HOLVECK FOR LEAVE TO FILE REPLY MEMO IN SUPPORT OF MOTION TO DISMISS THE CONSOLIDATED CLASS ACTION COMPLAINT , CERTIFICATE OF SERVICE. (reply memo attached). (mc) (Entered: 08/03/1998) 15 ORDER THAT UPON CONSIDERATIONOF DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE A REPLY MEMORANDUM IN SUPPORT OF THE MOTION TO DISMISS THE CONSOLIDATED CLASS ACTION COMPLAINT, IT IS HEREBY ORDERED THAT THE MOTION FOR LEAVE IS GRANTED, SUBJECT TO THE REPLY NOT EXCEEDING 10 DOUBLE SPACED PAGES IN THE SAME FORMAT AS THE DEFENDANT'S MOTION. (SIGNED BY JUDGE LOUIS C. BECHTLE) 8/13/98 ENTERED AND COPIES MAILED AND FAXED. (dt) (Entered: 08/13/1998) 16 MEMORANDUM AND ORDER THAT UPON CONSIDERATION OF DEFENDANTS CENTOCOR, INC.'S AND DAVID P. HOLVECK'S MOTION TO DISMISS, PLAINTIFFS RESPONSE THERETO AND DEFENDANTS CENTOCOR, INC.'S AND DAVID P. HOLVECK'S REPLY MEMORANDUM, IT IS ORDERED THAT SAID MOTION IS DENIED. (SIGNED BY JUDGE LOUIS C. BECHTLE) 12/01/98 ENTERED AND COPIES MAILED AND FAXED. (dt) (Entered: 12/01/1998) 17 MOTION by PLAINTIFF FRED SURGENER FOR CLASS CERTIFICATION , MEMORANDUM, CERTIFICATE OF SERVICE. (jl) (Entered: 12/07/1998) 18 STIPULATION AND ORDER THAT THE TIME FOR DEFTS TO FILE AN ANSWER TO THE CONSOLIDATED CLASS ACTION COMPLAINT IS EXTENDED UNTIL 12/22/98 . (SIGNED BY JUDGE LOUIS C. BECHTLE) 12/16/98 ENTERED AND COPIES MAILED AND FAXED. (adr) (Entered:
06/25/1998
07/24/1998
07/31/1998
08/13/1998
12/01/1998
12/07/1998 12/15/1998
12/16/1998) 12/22/1998 19 Answer and defenses to Class Action Complaint by DEFENDANT CENTOCOR, INC., DEFENDANT DAVID P. HOLVECK, Certificate of Service. (td) (Entered: 12/23/1998) ISSUE JOINED. (td) (Entered: 12/23/1998) 20 ORDER THAT A STATUS HEARING IS SCHEDULED FOR 2/3/99 AT 10:00 A.M. IN COURTROOM 17-B ; DISCOVERY SHALL COMMENCE BY 2/1/99 AS SET FORTH IN THE PROPOSED STIPULATION. (SIGNED BY JUDGE LOUIS C. BECHTLE) 1/28/99 ENTERED AND COPIES MAILED AND FAXED. (adr) (Entered: 01/28/1999) 21 MEMORANDUM AND ORDER THAT UPON CONSIDERATION OF PLAINTIFFS FRED SURGENER'S, JOHN MORTENSEN'S, STUART KROSSER'S, STEVEN PETROSKY'S, JERRY AND MARILYN DAVIS' AND SEAN KELLY'S UNOPPOSED MOTION FOR CLASS CERTIFICATION, IT IS ORDERED THAT SAID MOTION IS GRANTED. (SIGNED BY JUDGE LOUIS C. BECHTLE) 1/28/99 ENTERED AND COPIES MAILED AND FAXED. (dt) (Entered: 01/28/1999) 22 PRETRIAL ORDER NO. 2 -- SCHEDULING ORDER THAT MERITS DISCOVERY SHALL BE CONCLUDED BY 6/15/99, ALL DISPOSITIVE MOTIONS SHALL BE FILED BY 10/1/99 ( SIGNED BY JUDGE LOUIS C. BECHTLE ) 2/16/99 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 02/16/1999) 23 Minute entry: 2/8/99, hearing, D. Gross and E. Morris Illoway addresses the court. Discovery schedule is set. No extensions will be granted. (jl) (Entered: 02/18/1999) 24 MOTION by PLAINTIFF FRED SURGENER TO SEND NOTICE TO CLASS MEMBERS , MEMORANDUM, CERTIFICATE OF SERVICE. (jl) (Entered: 02/19/1999) 25 ORDER THAT PLAINTIFFS' MOTION TO SEND NOTICE TO CLASS MEMBERS IS GRANTED IN PART AND DENIED IN PART ( SIGNED BY JUDGE LOUIS C. BECHTLE ) 3/18/99 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 03/19/1999) 26 Affidavit of RUDOLPH, PALITZ LLP In Connection with Notice by Mailing and Publication, Cetificate of Service. (fdc) (Entered: 04/13/1999) 27 STIPULATION AND ORDER THAT PLAINTIFFS, FRED SURGENER AND JOHN MORTENSEN, MAY BE VOLUNTARILY DISMISSED WITHOUT PREJUDICE FROM THIS ACTION. THE WITHDRAWAL AND DISMISSAL OF MR. SURGENER AND MR. MORTENSEN WILL NOT PREJUDICE ANY DEFENDANTS OR ANY MEMBER OF THE CLASS AND NOTICE IS NOT REQUIRED. OTHER CLASS PLAINTIFFS ARE CURRENTLY REPRESENTING MEMBERS OF THE CLASS NAMED IN THIS CASE BEFORE THIS COURT AGAINST CENTOCOR, INC. AND THE INDIVIDUAL DEFENDANT, DAVID P. HOLVECK ( SIGNED BY JUDGE LOUIS C. BECHTLE ) 6/7/99 ENTERED AND COPIES MAILED AND FAXED. (fdc)
12/22/1998 01/26/1999
01/27/1999
02/16/1999
02/17/1999 02/19/1999
03/18/1999
04/12/1999 06/07/1999
(Entered: 06/07/1999) 08/06/1999 28 MOTION by LEAD PLAINTIFF FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FRCP 41(a)(2) AND 23(e) , MEMORANDUM, CERTIFICATE OF SERVICE. (np) (Entered: 08/06/1999) 29 ORDER THAT THE COURT BELIEVES THAT THE PROPOSED NOTICE UNDER THE HEADING "INFORMATION" SHOULD STATE THE EXTENT TO WHICH THERE IS AN AGREEMENT OF ANY KIND BETWEEN PLAINTIFFS' COUNSEL AND THE DEFENDANT AND/OR ITS COUNSEL, EX...