Plastic2Oil Inc (PTOI)

[Johnik]

I am pleased we agree to some extent on the applicable law. If I may, however, I would like to make a few counterpoints.

In the case cited, the complaint against the auditor (Price Waterhouse) was dismissed for lack of scienter. The cases against the company (Altris Software), however, went forward and were eventually settled. Note that the settlement describes PW as a "non-settling" defendant.
http://www.gilardi.com/pdf/asinot.pdf

You are correct that the case against Altris settled. I note, however, that the case did not exactly proceed "forward" in relation to the District Court's dismissal order. Both Altris and Price Waterhouse (and other defendants) filed motions to dismiss. Before the court ruled on the motions, Altris withdrew its motion to dismiss and settled with the plaintiffs. THEN the case went forward with respect to Price Waterhouse (and was dismissed). Thus, the court never ruled on Altris's motion to dismiss. I have copied the docket at the end of this post (note docket entries 40, 43, 54, 59, 65, 105, and 107).

Clearly, in the JBI case, the plaintiff does not intend to rely solely on an allegation that the financial statements in question aren't compliant with GAAP. I'll repeat the list provided previously as a reminder:
"Specifically, Defendants made false and/or misleading statements and/or failed to disclose: (1) that the media credits acquired by the Company in connection with the acquisition of JavaCo were substantially overvalued; (2) that the Company was improperly accounting for acquisitions; (3) that, as such, the Company’s financial results were not prepared in accordance with Generally Accepted Accounting Principles (“GAAP”); (4) that the Company lacked adequate internal and financial controls; and (5) that, as a result of the above, the Company's financial statements were materially false and misleading at all relevant times."
There should be little doubt that the other 4 items above will also be established as fact and known to at least one of the defendants.

I believe this is a distinction without a difference. The legal principles I quoted apply to securities fraud class action cases that are based on accounting irregularities, not just those that violate GAAP. As was stated in the first case I quoted: "the mere publication of inaccurate accounting figures, or a failure to follow GAAP, without more, does not establish scienter. Rather, scienter requires more than a misapplication of accounting principles. The plaintiff must prove that the accounting practices were so deficient that the audit amounted to no audit at all, or an egregious refusal to see the obvious, or to investigate the doubtful, or that the accounting judgments which were made were such that no reasonable accountant would have made the same decisions if confronted with the same facts."

Returning to the five bullet points:
(1) overvalued media credits = accounting irregularity (and related to bullet point two)
(2) improper accounting for acquisitions = accounting irregularity
(3) "as such" (which I interpreting to mean "as a result of bullet points one and two") the financial statements were not in accord with GAAP = effect of accounting irregularities
(4) lack of internal and financial controls = possible cause of accounting irregularities
(5) as a result of points 1-4, the financial statements were misleading = effect of accounting irregularities

In any event, I am not suggesting that accounting errors or GAAP violations cannot form the basis of a class action lawsuit. I was simply identifying what is required of the plaintiff in such cases.

"The allegations you noted that are set forth in Paragraph 51 of the complaint are not "particular facts giving rise to a strong inference" that the defendant acted with the requisite state of mind, as required by statute."

Obviously, what they do allege will require evidence to prove, as I stated immediately following my summary of Paragraph 51:
"I don't know how they are going to prove that stuff......items 2 and 3 are obviously easily established, 1 and 4 will require documents and testimony that I don't think the public has seen."

Yes, but I believe these are two separate issues. The first issue is what must be plead in the complaint in order to have a case at the outset. The second issue is whether the evidence proves the allegations. I was referencing and quoting from the statute that governs the first issue, that is, what the plaintiff must allege. You are referring to proof of the legal conclusions set forth in Paragraph 51, which relates to the second issue. In some ways, this distinction appears unique to class actions. In your typical common law deceit/misrepresentation lawsuit, the state of mind element is ordinarily plead generally, then proven circumstantially. The federal class action statute alters the ordinary pleading rules by substantially heightening fraud pleading requirements. In fact, unlike ordinary deceit claims, the court is required to consider plausible opposing inferences from the facts when considering whether the facts give rise to a "strong inference" of fraudulent intent, and thus whether the complaint can survive a challenge at the pleading stage of the lawsuit.










Docket from the Altris Software case:

U.S. District Court
Southern District of California (San Diego)
CIVIL DOCKET FOR CASE #: 3:98-cv-00528-W -JFS

Reiger, et al v. Altris Software Inc, et al
Assigned to: Judge Thomas J. Whelan
Referred to: Magistrate Judge James F. Stiven
Demand: $0
Case in other court: 98-56894
SO CA, 3:98-cv-00697
Cause: 15:78m(a) Securities Exchange Act
Date Filed: 03/16/1998
Date Terminated: 09/28/2000
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question
Plaintiff
Robert Reiger
On Behalf of Himself and All Others Similiarly Situated represented by Daniel L Berger
Bernstein Litowitz Berger and Grossman
1285 Avenue of the Americas
33rd Floor
New York, NY 10019
[phone]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Douglas M McKeige
Bernstein Litowitz Berger and Grossman
1285 Avenue of the Americas
33rd Floor
New York, NY 10019
[phone]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ellen Gusikoff Stewart
Coughlin Stoia Geller Rudman & Robbins LLP
655 West Broadway
Suite 1900
San Diego, CA 92101
619 231-1058
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gerald H Silk
Bernstein Litowitz Berger and Grossman
1285 Avenue of the Americas
33rd Floor
New York, NY 10019
[phone]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William S Lerach
Coughlin Stoia Geller Rudman and Robbins
655 West Broadway
Suite 1900
San Diego, CA 92101
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


V.
Defendant
Altris Software Inc
TERMINATED: 07/30/1999 represented by Meryl L Young
Gibson Dunn and Crutcher
4 Park Plaza
Suite 1400
Irvine, CA 92614-8557
[phone]
Fax: [phone]
Email: [e-mail]
TERMINATED: 07/30/1999
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Jay V Tanna
TERMINATED: 07/30/1999 represented by Cary W. Miller
Hooper Lundy & Bookman P.C.
101 West Broadway
Suite 1200
San Diego, CA 92101-3890
[phone]
Fax: [phone]
TERMINATED: 07/30/1999
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
John W Low
TERMINATED: 07/30/1999 represented by Meryl L Young
(See above for address)
TERMINATED: 07/30/1999
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Price Waterhouse LLP
TERMINATED: 04/30/1999 represented by Miles N Ruthberg
Latham and Watkins
633 West 5th Street
Suite 3800
Los Angeles, CA 90071
[phone]
Fax: [phone]
TERMINATED: 04/30/1999
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Pricewaterhousecoopers LLP represented by Julia E Parry
Latham and Watkins LLP
600 West Broadway
Suite 1800
San Diego, CA 92101-8197
[phone]
Fax: [phone]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Date Filed # Docket Text
03/16/1998 1
Complaint Filed; Summons(es) issued on 3/16/98 (referred to Magistrate James F. Stiven) Receipt No/Amt of Fee: 37097/$150; Demand for Jury Trial (jah) (Entered: 03/17/1998)
03/24/1998 2
Minutes: Enter Order by Judge Edward J. Schwartz; It is hereby ordered that Edward J. Schwartz hereby recuses himself from the above entitled case and orders that the case be reassigned to another judge. Case reassigned to Judge Judith N. Keep (cc: all counsel) (dkt clerk) (Entered: 03/25/1998)
04/15/1998 3
Stipulation and Order by Judge Judith N. Keep Extending time for John W Low, for Jay V Tanna, for Altris Software Inc to respond to cmp by 21 days; from 4/8/98 to and including 4/29/98, subject to further agreement among counsel regarding an appropriate schedule for consolidation, motions for appointment of lead pla, selection of lead counsel and filing of responses to this action and related actions. (atty maint) (cc: all counsel) (dkt clerk) Modified on 04/29/1998 (Entered: 04/16/1998)
05/08/1998 4
Stipulation and Order by Judge Judith N. Keep: All Dfts who have been served shall respond to the consolidated amended complaint to be filed by the lead pla following the appt of the lead pla within 45 days of service of the consolidated complaint. Any opposition to any motion to dismiss the consolidated complaint shall be filed on or before 45 days following service of the motion to dismiss. Reply to any opposition to dfts' motion to dismiss shall be filed 21 days following the service of plas' opposition on dfts. If plas' motion to consolidate is denied, all dfts who have been served shall respond to the pending complaint within 45 days after the issuance of this ct's order denying the motion to consolidate.(cc: all counsel) (dkt clerk) (Entered: 05/11/1998)
05/18/1998 6
Notice of Motion and Motion by plaintiff Robert Reiger to consolidate 6 cases, #98-528 - J (JFS), 98-553 - IEG (RBB), 98-612 - K (POR), 98-697 - K (RBB), 98-806 - J (JAH), and 98-827 - B (RBB) [ motion(s) referred to Judge Napoleon A. Jones ] motion hrg set for 8/31/98 at 10:30 a.m. t/w prf svc (dkt clerk) (Entered: 05/19/1998)
05/18/1998 7
Memorandum of points and authorities by plaintiff Robert Reiger in support of motion to consolidate 6 cases, #98-528 - J (JFS), 98-553 - IEG (RBB), 98-612 - K (POR), 98-697 - K (RBB), 98-806 - J (JAH), and 98-827 - B (RBB) [6-1] t/w prf svc (dkt clerk) (Entered: 05/19/1998)
05/18/1998 8
Notice of Motions and Motions by plaintiff Robert Reiger to be appt lead plas pursuant to 21D(a)(3)(B)i od the Securities Exchange Act and to approve selection of counsel [ motion(s) referred to Judge Napoleon A. Jones ], motion hrg set for 8/31/98 at 10:30 a.m. t/w prf svc (dkt clerk) (Entered: 05/19/1998)
05/18/1998 9
Memorandum of points and authorities by plaintiff Robert Reiger in support of motion to be appt lead plas pursuant to 21D(a)(3)(B)i od the Securities Exchange Act [8-1], in support of motion to approve selection of counsel [8-2] t/w prf svc (dkt clerk) (Entered: 05/19/1998)
05/18/1998 10
Declaration of Ellen Gusikoff Stewart by plaintiff Robert Reiger re motion to be appt lead plas pursuant to 21D(a)(3)(B)i od the Securities Exchange Act [8-1], re motion to approve selection of counsel [8-2] t/w exhibits and prf svc (dkt clerk) (Entered: 05/19/1998)
05/18/1998 12
Minutes: Enter Order by Judge Judith N. Keep: Hereby recuses from this case and orders that the case be reaasigned to another judge. Case reassigned to Judge Napoleon A. Jones Ct advises he docket clerks that the following cases were low numbered to the above case: 98cv612 -K, 98cv697-K, 98cv806 -K (cc: all counsel) (dkt clerk) (Entered: 05/21/1998)
05/19/1998 5
DISCREPANCY ORDER by Judge Judith N. Keep rejecting document: Motion for appt of lead counsel from plaintiff Robert Reiger , non-compliance with local rule 7.1.f (cc: all counsel) (dkt clerk) (Entered: 05/19/1998)
05/20/1998 11
Notice of Rescheduling of Motion Hearing by plaintiff Robert Reiger [ motion(s) to be appt lead plas pursuant to 21D(a)(3)(B)i of the Securities Exchange Act, to approve selection of lead counsel, and to consolidate 6 cases, #98-528 - J (JFS), 98-553 - IEG (RBB), 98-612 - K (POR), 98-697 - K (RBB), 98-806 - J (JAH), and 98-827 - B (RBB) cont to 10:30 on 8/31/98 before Judge Jones t/w prf svc (dkt clerk) Modified on 05/27/1998 (Entered: 05/21/1998)
06/03/1998 13 Return of Service executed upon defendant Altris Software Inc of summons and complaint on 4/8/98 by personal svc (dkt clerk) (Entered: 06/04/1998)
06/03/1998 14 Waiver of service of summons by defendant Jay V Tanna on 5/14/98 (dkt clerk) (Entered: 06/04/1998)
06/03/1998 15 Return of Service executed upon defendant John W Low of summons and complaint on 4/8/98 by personal svc (dkt clerk) (Entered: 06/04/1998)
08/17/1998 16
Opposition by Perritt Microcap, Carmi Group, to motion to be appt lead plas pursuant to 21D(a)(3)(B)i of the Securities Exchange Act [8-1], motion to approve selection of counsel [8-2] t/w prf svc (dkt clerk) (Entered: 08/18/1998)
08/17/1998 17
Declaration of Behram V Parekh by Perritt Microcap, Carmi Group re motion response [16-1] t/w exhibits and prf svc (dkt clerk) (Entered: 08/18/1998)
08/17/1998 21
Opposition by plaintiff Robert Reiger to motion for appt of lead plas [19-1], motion for appt of lead co-counsel [19-2], t/w prf svc (dkt clerk) Modified on 08/25/1998 (Entered: 08/25/1998)
08/17/1998 22
Declaration of Michael L Schrag by plaintiff Robert Reiger re motion for appt of lead plas [19-1], re motion for appt of lead co-counsel [19-2] t/w echibits and prf svc (dkt clerk) (Entered: 08/25/1998)
08/24/1998 18
DISCREPANCY ORDER by Judge Napoleon A. Jones accepting document: Motion and memorandum of p/a's for appt of Lead plas and co-lead counsel from Carmi Group , Original doc not found , document is to be filed nunc pro tunc to the date received (cc: all counsel) (dkt clerk) (Entered: 08/24/1998)
08/24/1998 19
NUNC PRO TUNC TO 5/15/98 - Notice of Motions and Motions by Carmi Group for appt of lead plas , for appt of lead co-counsel , to consolidate all related cases [ motion(s) referred to Judge Napoleon A. Jones], motion hrg set for 6/15/98 at 10:30 a.m. t/w p/a's (Copy original not found) (dkt clerk) Modified on 08/25/1998 (Entered: 08/25/1998)
08/24/1998 20
NUNC PRO TUNC TO 5/15/98 - Declaration of Behram V Parekh by Carmi Group re motion for appt of lead plas [19-1], re motion for appt of lead co-counsel [19-2], re motion to consolidate all related cases [19-3] t/w exhibits (dkt clerk) (Entered: 08/25/1998)
08/24/1998 23
Reply by Perritt Microcap, Carmi Group to opposition to motion for appt of lead plas motion for appt of lead co-counsel [19-2], t/w prf svc (dkt clerk) (Entered: 08/25/1998)
08/24/1998 24
Reply by plaintiff Robert Reiger to opposition to motion to be appt lead plas pursuant to 21D(a)(3)(B)i od the Securities Exchange Act [8-1], motion to approve selection of counsel [8-2] t/w prf svc (dkt clerk) (Entered: 08/25/1998)
08/24/1998 25
Declaration by plaintiff Robert Reiger re motion reply [24-1] t/w exhibits and prf svc (dkt clerk) (Entered: 08/25/1998)
08/28/1998 26
Non-opposition by defendant Altris Software Inc , defendant John W Low to motion to consolidate all related cases [19-3], motion to consolidate 6 cases, #98-528 - J (JFS), 98-553 - IEG (RBB), 98-612 - K (POR), 98-697 - K (RBB), 98-806 - J (JAH), and 98-827 - B (RBB) [6-1] t/w prf svc (dkt clerk) Modified on 08/31/1998 (Entered: 08/31/1998)
08/31/1998 27
Proof of service by defendant Altris Software Inc, defendant John W Low of: Notice of Non Opposition to motion to consolidate related actions upon Counsel for releated cases by US Mail on 8/28/98 (dkt clerk) (Entered: 08/31/1998)
09/14/1998 28
Order by Judge Napoleon A. Jones: Granting the Riger Group, Carmi Group, DeMaine Group and the Weiser Group motion to consolidate all related cases. Ct grants the Reiger Group's motion for appt of lead pla; Ct denies Carmi Group's motion of appt of lead pla. Ct approves Lead Plas selection of Milberg Weiss Bershad Hynes and Lerach LLP, Spector and Roseman P.C. and Bernstein Litowitz Berger and Grossman LLP as co lead counsel for the consolidated action. Lead plas shall file a consolidated amended complaint within 45 days of the filing of this order. All dfts who have been served shall respond to the consolidated amended complaint. Case Consolidate 6 cases, #98-528 - J (JFS), 98-553 - IEG (RBB), 98-612 - K (POR), 98-697 - K (RBB), 98-806 - J (JAH), and 98-827 - B (RBB) All further docketing will be in the lead case #98-528 (cc: all counsel) (dkt clerk) Modified on 09/15/1998 (Entered: 09/15/1998)
09/30/1998 29
Pro Hac Vice approved by Judge Napoleon A. Jones on behalf of plaintiff Robert Reiger in 3:98-cv-00528 for Gerald H Silk (cc:all counsel) (dkt clerk) (Entered: 10/01/1998)
09/30/1998 30
Pro Hac Vice approved by Judge Napoleon A. Jones on behalf of plaintiff Robert Reiger in 3:98-cv-00528 for Douglas M McKeige (cc:all counsel) (dkt clerk) (Entered: 10/01/1998)
10/13/1998 35
Notice of appeal by proposed co-lead plaintiffs Perritt MicroCap Opportunities Fund & the Carmi Group from Dist. Court decision Receipt No/Amt of Fee: #42803/$105 [28-1] (dkt clerk) (Entered: 11/27/1998)
10/29/1998 31
Consolidated First Amended complaint [1-1] n; adding Price Waterhouse LLP to case(s) 3:98-cv-00528, t/w exhibit and prf svc (dkt clerk) Modified on 10/30/1998 (Entered: 10/30/1998)
10/29/1998 32
Amended Summons issued as to defendant Altris Software Inc in 3:98-cv-00528, defendant Jay V Tanna in 3:98-cv-00528, defendant John W Low in 3:98-cv-00528, defendant Price Waterhouse LLP in 3:98-cv-00528 (dkt clerk) (Entered: 10/30/1998)
11/10/1998 33
Order by Judge Napoleon A. Jones Case reassigned to Judge Thomas J. Whelan ; systems notified to transfer motions; (cc: all counsel) (jrl) (Entered: 11/12/1998)
11/12/1998 34
Return of Service executed upon defendant Price Waterhouse LLP in 3:98-cv-00528 of amended summons and complaint on 10/30/98 by personal svc (dkt clerk) (Entered: 11/16/1998)
11/30/1998 Record on Notice of Appeal sent to Circuit Court [35-1] (dkt clerk) (Entered: 11/30/1998)
12/01/1998 36
Protective Order by Judge Thomas J. Whelan: and scheduling submission of docs to the court (cc: all counsel) (jrl) (Entered: 12/02/1998)
12/14/1998 37
Stipulation and Order by Judge Thomas J. Whelan ; Answer to consolidated amended class action cmp extended to 1/13/99 for Price Waterhouse LLP (cc: all counsel) (jrl) (Entered: 12/14/1998)
12/18/1998 38
Notification by Circuit Court of Appellate Docket Number [35-1] 98-56894 (dkt clerk) (Entered: 12/22/1998)
12/18/1998 Received Order for appeal time schedule from USCA: ct reporter shall file transcript in USDC by 12/14/98; appellant's opening brief & excerpts of record shall be served & filed by 1/29/99; the brief of appellee shall be filed & served by 3/1/99; the optional appellant reply brief shall be filed & served w/in 14 days of service of the appellee's brief. (dkt clerk) (Entered: 12/22/1998)
01/08/1999 Text not available. (Entered: 01/11/1999)
01/08/1999 39
Notice by plaintiff Robert Reiger in 3:98-cv-00528 of change of address of the Law Firm of Entwistle and Cappucci LLP to 400 Park Ave., 16th Floor, New York, NY 10022-4406 (atty main) (dkt clerk) Modified on 01/11/1999 (Entered: 01/11/1999)
01/13/1999 40
Notice of Motion and Motion by defendant Price Waterhouse LLP in 3:98-cv-00528 to dismiss plas' consolidated amended complaint [ motion(s) referred to Judge Thomas J. Whelan ] motion hrg set for 4/5/99 at 10:30 a.m. (dkt clerk) (Entered: 01/14/1999)
01/13/1999 41
Memorandum of points and authorities by defendant Price Waterhouse LLP in 3:98-cv-00528 in support of motion to dismiss plas' consolidated amended complaint [40-1] (dkt clerk) (Entered: 01/14/1999)
01/13/1999 42
Declaration of Julia E Parry by defendant Price Waterhouse LLP in 3:98-cv-00528 re motion to dismiss plas' consolidated amended complaint [40-1] (dkt clerk) (Entered: 01/14/1999)
01/13/1999 43
Notice of Motion and Motion by defendant Altris Software Inc in 3:98-cv-00528, defendant John W Low in 3:98-cv-00528 to dismiss plas' consolidated amended complaint [ motion(s) referred to Judge Thomas J. Whelan ] motion hrg set for 4/5/99 at 10:30 a.m. (dkt clerk) (Entered: 01/14/1999)
01/13/1999 44
Memorandum of points and authorities by defendant Altris Software Inc in 3:98-cv-00528, defendant John W Low in 3:98-cv-00528 in support of motion to dismiss plas' consolidated amended complaint [43-1] (dkt clerk) (Entered: 01/14/1999)
01/14/1999 45
Notice of change of address by Atty Robert M Roseman to 1818 Market Street, Suite 2500, Philadelphia, PA 19103 (atty will not appear in these consolidated cases) (dkt clerk) (Entered: 01/15/1999)
01/14/1999 46
Notice of change of address of Atty Robert M Roseman to 1818 Market Street, Suite 2500, Philadelphia, Pa, 19103 (atty will not appear in these consolidated cases) (dkt clerk) Modified on 01/21/1999 (Entered: 01/15/1999)
01/15/1999 47
Notice of and JOINDER by defendant Jay V Tanna in 3:98-cv-00528 joining dft Altri Software, Inc and John W Low's motion to dismiss plas' consolidated amended complaint [43-1] (dkt clerk) (Entered: 01/15/1999)
01/15/1999 48
Notice of Motion and Motion by defendant Jay V Tanna in 3:98-cv-00528 to dismiss for failure to state a claim upon which relief can be granted. [ motion(s) referred to Judge Thomas J. Whelan ] motion set for 4/5/99 at 10:30 A.M. (dkt clerk) (Entered: 01/15/1999)
01/15/1999 49
Memorandum of points and authorities by defendant Jay V Tanna in 3:98-cv-00528 in support of motion to dismiss for failure to state a claim upon which relief can be granted. [48-1] (dkt clerk) (Entered: 01/15/1999)
01/19/1999 50
Amended Notice of Motion and Motions submitted by defendant Price Waterhouse LLP in 3:98-cv-00528 to dismiss plas consolidated amended complaint [ motion(s) referred to Judge Thomas J. Whelan ] motion hrg set for 4/19/99 at 10:30 a.m. (dkt clerk) (Entered: 01/20/1999)
01/22/1999 51
JOINDER by defendant Jay V Tanna in 3:98-cv-00528 joining motion to dismiss plas' consolidated amended complaint [43-1] (dkt clerk) (Entered: 01/25/1999)
01/22/1999 52
Notice of Motion and Motion by defendant Jay V Tanna in 3:98-cv-00528 to dismiss for failure to state a a claim upon which relief can be granted [ motion(s) referred to Judge Thomas J. Whelan ] motion set for 4/19/99 at 10:30 a.m. (dkt clerk) (Entered: 01/25/1999)
01/22/1999 53
Memorandum of points and authorities by defendant Jay V Tanna in 3:98-cv-00528 in support of motion to dismiss for failure to state a a claim upon which relief can be granted [52-1] (dkt clerk) (Entered: 01/25/1999)
01/22/1999 54
Amended Motion submitted by defendant Altris Software Inc in 3:98-cv-00528, defendant John W Low in 3:98-cv-00528 to dismiss the consolidated amended complaint [ motion(s) referred to Judge Thomas J. Whelan ] motion hrg set for 4/19/99 at 10:30 a.m. (dkt clerk) (Entered: 01/26/1999)
01/27/1999 55
Stipulation and Order by Judge Thomas J. Whelan: pla's shall file and serve any opposition papers to dfts' motions to dismiss the consolidated amended class action complaint on or before 3/15/99, and dfts shall file and serve any reply papers on or before 4/12/99 [54-1] [50-1] (dkt clerk) (Entered: 01/27/1999)
02/22/1999 Received judgement from USCA. Forward to Court Clerk for calendar. (dkt clerk) (Entered: 02/22/1999)
03/04/1999 56
Notice of Spreading the Mandate ; appeal mandate hearing set 10:30 3/29/99 re USCA dismissing the USDC decision " (dkt clerk) (Entered: 03/05/1999)
03/15/1999 57
Memo in Opposition by plaintiff Robert Reiger in 3:98-cv-00528 to dft Price Waterhouse's motion to dismiss plas consolidated amended complaint [50-1] (lmh) (Entered: 03/16/1999)
03/15/1999 58
Declaration of Michael L. Schrag by plaintiff Robert Reiger in 3:98-cv-00528 in support of plas' opposition to motion to dismiss [57-1]; t/w attachments (lmh) (Entered: 03/16/1999)
03/17/1999 59
Stipulation and Order by Judge Thomas J. Whelan : motion to dismiss for failure to state a claim upon which relief can be granted. [48-1], motion to dismiss for failure to state a a claim upon which relief can be granted [52-1], motion to dismiss the consolidated amended complaint [54-1] are withdrawn w/out prejudice. (lmh) (Entered: 03/18/1999)
03/29/1999 60
Minutes of Mandate Hearing, certified copy of USCA jgm dismissing the appeal ordered filed and entered. Court Reporter: J King (dkt clerk) (Entered: 04/01/1999)
03/29/1999 61
Certified copy of judgment from USCA dismissing the appeal [35-1] (dkt clerk) (Entered: 04/01/1999)
04/12/1999 62
Reply Brief by defendant Price Waterhouse LLP in 3:98-cv-00528 in support of motion to dismiss plas consolidated amended complaint [50-1] (lmh) (Entered: 04/13/1999)
04/12/1999 63
Declaration of Julia E. Parry by defendant Price Waterhouse LLP in 3:98-cv-00528 in support of motion reply [62-1]; t/w exhibit (lmh) (Entered: 04/13/1999)
04/12/1999 64
Proof of service by defendant Price Waterhouse LLP in 3:98-cv-00528 of: Reply Brief in support of mot to dismiss consolidated amd cmp; Decl of Julia E. Parry in support thereof (lmh) (Entered: 04/13/1999)
04/30/1999 65
Order by Judge Thomas J. Whelan: Dft Price Waterhouse's motion to dismiss plas consolidated amended complaint [50-1] is granted in its entirety, Ct dismisses w/out prejudice first claim and dismisses w/prejudice third claim against Price Waterhouse, and dismisses Price Waterhouse from the action, terminating party Price Waterhouse LLP in 3:98-cv-00528 ; Plas have until 5/17/99 to file and serve an amd cmp. (lmh) Modified on 05/06/1999 (Entered: 05/03/1999)
05/12/1999 66
Stipulation and Order by Judge Thomas J. Whelan : Pla shall have until 6/1/99 to file an Amd Cmp; Price Waterhouse's motion to dismiss shall be filed on 6/22/99, pla's Opposition papers shall be filed on 7/12/99, Reply papers shall be filed on 7/26/99; the hearing on Price Waterhouse's motion to dismiss shall be scheduled for 8/2/99 (lmh) Modified on 05/18/1999 (Entered: 05/13/1999)
06/01/1999 67
First amended Amended complaint [31-1]; adding Pricewaterhousecoopers LLP to case(s) 3:98-cv-00528 (dkt clerk) (Entered: 06/02/1999)
06/07/1999 68
Minutes Enter Order by Judge Thomas J. Whelan: Status Conf held, Ct reviews the proposed class sttlmt schedule, Ct sets the case for hrg the mot to approve class sttlmt (to be filed) for 7/30/99 at 9:30; Court Reporter: Linda Nelson (lmh) (Entered: 06/08/1999)
06/08/1999 69
Order by Judge Thomas J. Whelan preliminarily approving Sttlmt and approving the form and manner of notice; t/w exhibits. (lmh) (Entered: 06/08/1999)
06/09/1999 70
Proof of service by plaintiff Robert Reiger in 3:98-cv-00528 of: proposed order preliminary approving settlement and approving the form and manner of notice (dkt clerk) (Entered: 06/11/1999)
06/22/1999 71
Notice of Motion and Motion by defendant Pricewaterhouse to dismiss plas' 1st Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) , [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 8/9/99 at 10:30. (lmh) (Entered: 06/23/1999)
06/22/1999 72
Memorandum of points and authorities by defendant Pricewaterhouse in support of motion to dismiss plas' 1st Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [71-1] (lmh) (Entered: 06/23/1999)
06/22/1999 73
Declaration of Julia E. Parry by defendant Pricewaterhouse in support of motion to dismiss plas' 1st Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [71-1]; t/w exhibits. (lmh) (Entered: 06/23/1999)
06/29/1999 74
Stipulation and Order by Judge Jeffrey T. Miller for Judge Thomas J. Whelan re motion to dismiss plas' 1st Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [71-1]: Hrg on Mot to dismiss scheduled for 8/9/99, opposition to motion filed by 7/12/99 reply to opposition to motion filed by 8/2/99. (lmh) (Entered: 06/30/1999)
07/06/1999 75
Order by Judge Thomas J. Whelan: Dft's motion to dismiss plas' 1st Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [71-1] is denied w/out prejudice and the 8/9/99 hrg date is vacated; motion hrg reset for 9/20/99, dft have until 8/2/99 to file and serve the motion, plas shall have until 8/25/99 to oppose, and dfts to file their reply by 9/7/99. (lmh) Modified on 07/09/1999 (Entered: 07/07/1999)
07/23/1999 76
Notice of Motion and Motion by plaintiffs in 3:98-cv-00528 for final approval of settlement , for award of attorneys' fees and reimbursement of expenses , and for approval of plan of allocation , [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 7/30/99 at 9:30. (lmh) (Entered: 07/26/1999)
07/23/1999 77
Memorandum of points and authorities by plaintiff in 3:98-cv-00528 in support of motion for final approval of settlement [76-1], in support of motion for approval of plan of allocation [76-3] and entry of bar order (lmh) (Entered: 07/26/1999)
07/23/1999 78
Memorandum of Law by representative plaintiffs in 3:98-cv-00528 in support of application for award of attorneys' fees and reimbursement of expenses [76-2]; t/w attachment. (lmh) (Entered: 07/26/1999)
07/23/1999 79
Joint Declaration of Blake M. Harper and Douglas M. McKeige by plaintiff in 3:98-cv-00528 in support of motion for final approval of settlement [76-1], re motion for award of attorneys' fees and reimbursement of expenses [76-2], re motion for approval of plan of allocation [76-3] (lmh) (Entered: 07/26/1999)
07/23/1999 80
Declaration of Cheryl Washington by plaintiff in 3:98-cv-00528 re A) notice of partial sttlmt of class action and proof of claim and release form; and B) publication of summary notice; t/w attachments. (lmh) (Entered: 07/26/1999)
07/23/1999 81
Declaration of Keith F. Park by plaintiff in 3:98-cv-00528 in support of motion for final approval of settlement [76-1], re motion for award of attorneys' fees and reimbursement of expenses [76-2], re motion for approval of plan of allocation [76-3]; t/w attachments. (lmh) (Entered: 07/26/1999)
07/27/1999 82
Ex Parte Application by plaintiff Robert Reiger in 3:98-cv-00528 to stay proceedings pending 9th Circuit ruling re En Banc Review of In Re Silicon Graphics; t/w attachments. (lmh) (Entered: 07/28/1999)
07/30/1999 83
Order by Judge Thomas J. Whelan approving Plan of Allocation (lmh) (Entered: 08/02/1999)
07/30/1999 84
Final Judgment and Order of Dismissal by Judge Thomas J. Whelan: Clerk of Ct is ordered, pursuant to FRCP Rule 54(b) to enter this jgm; terminating party Altris Software Inc, party Jay V Tanna, party John W Low (lmh) (Entered: 08/02/1999)
07/30/1999 85
Minutes: Enter Order by Judge Thomas J. Whelan granting motion for final approval of settlement [76-1], granting motion for award of attorneys' fees and reimbursement of expenses [76-2], granting motion for approval of plan of allocation [76-3]; Court to issue an order on the motion for award of attorneys' fees and reimbursement of expenses. Court Reporter: Linda Nelson (axr) (Entered: 08/03/1999)
08/02/1999 86
Stipulation and Order by Judge Thomas J. Whelan: extending dates for motion to dismiss first amended complaint. The parties hereby stipulate to an extension of two weeks for Pricewaterhouse Coopers to file a motion to dismiss the first amended complaint. The opening brief will be filed on 8/16/99. The opposition brief shall be filed on 9/8/99. The reply brief shall be filed on 9/29/99 with a hearing set for 10/11/99. (dkt clerk) (Entered: 08/03/1999)
08/04/1999 87
Opposition by defendant Pricewaterhouse in 3:98-cv-00528 to plas' ex parte application to stay action [82-1] (lmh) (Entered: 08/05/1999)
08/04/1999 88
Order by Judge Thomas J. Whelan: Ct denies pla's ex parte application to stay proceedings pending 9th Circuit ruling re In Re Silicon Graphics [82-1]. (lmh) (Entered: 08/05/1999)
08/12/1999 89
Stipulation and Order by Judge Thomas J. Whelan : Plas granted leave to file a 2nd Amd Cmp on 8/30/99; dft to file its motion to dismiss on 9/20/99, plas' opposition to motion to be filed on 10/11/99, dft's reply papers filed on 10/25/99, hrg on motion to dismiss will take place on 11/1/99. (lmh) (Entered: 08/13/1999)
08/30/1999 90
2nd Amended complaint [67-1] (lmh) (Entered: 08/31/1999)
09/16/1999 91
Appendix by plaintiff Robert Reiger of Suppl Decls in support of plas' application for award of atts' fees and reimbursement of expenses. (ok per Ct to file) (lmh) (Entered: 09/17/1999)
09/20/1999 92
Notice of Motion and Motion by defendant Pricewaterhouse in 3:98-cv-00528 to dismiss plas' 2nd Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) , [ motion(s) referred to Judge Thomas J. Whelan ], motion hrg set for 11/1/99 10:30. (lmh) (Entered: 09/21/1999)
09/20/1999 93
Memorandum of points and authorities by defendant Pricewaterhouse in 3:98-cv-00528 in support of motion to dismiss plas' 2nd Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [92-1] (lmh) (Entered: 09/21/1999)
09/20/1999 94
Declaration of Julia E. Parry by defendant Pricewaterhouse in 3:98-cv-00528 in support of motion to dismiss plas' 2nd Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [92-1] (lmh) (Entered: 09/21/1999)
09/27/1999 95
Notice by plaintiff Robert Reiger in 3:98-cv-00528 of change of firm name and change of address: Levy and Levy has changed to Levy and Levy PC, 245 Park Avenue, 39th Floor, New York, NY 10167, [phone]. (lmh) (Entered: 09/28/1999)
10/12/1999 96
Opposition by plaintiff Robert Reiger in 3:98-cv-00528 to motion to dismiss plas' 2nd Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [92-1] (lmh) (Entered: 10/13/1999)
10/25/1999 97
Reply Brief by defendant Pricewaterhouse in 3:98-cv-00528 in support of motion to dismiss plas' 2nd Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [92-1] (lmh) (Entered: 10/27/1999)
11/10/1999 98
Submission of recently decided authority by plaintiff Robert Reiger in 3:98-cv-00528 in opposition to motion to dismiss plas' 2nd Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [92-1] (lmh) (Entered: 11/15/1999)
11/30/1999 99
DISCREPANCY ORDER by Judge Thomas J. Whelan rejecting document: letter to Altris from plaintiff Robert Reiger in 3:98-cv-00528, non-compliance with local rule other (cag) (Entered: 11/30/1999)
12/22/1999 100
Order granting request for attorneys' fees and costs pursuant to the July 30, 1999 court apporoved class action settlement between plas and dfts Altris Software, Inc., Jay V. Tanna and John W. Low by Judge Thomas J. Whelan; The court awards class cnsl $375,000 in attorney's fees, the court also awards class cnsl 345,640 shares of Altris stock included in the settlement fund. Class cnsl is awarded $113,747.95 for reimbursement of expenses and costs. The amount awarded shall include interest at the same rate and for the same period as that earned on the settlement fund. This award serves as final compensation for all attorney's fees, costs and expenses requested by class cnsl. The awarded attorney's fees, expenses and interest earned shall be paid class cnsl within three business days of entry of this order. (dkt clerk) (Entered: 12/22/1999)
02/02/2000 101
Minutes: Enter Order by Judge Thomas J. Whelan that the motion to dismiss plas' 2nd Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [92-1] is submitted; mot taken under submission; ct to issue an order (llh) (Entered: 02/03/2000)
03/13/2000 102
Notice by plaintiff Robert Reiger in 3:98-cv-00528 of change of address and firm name of atty Ellen Stewart, Spector, Roseman & Kodroff, PC, 1818 Market Street, Suite 2500, Philadelphia, PA 19103; (change to atty maint) (llh) (Entered: 03/14/2000)
06/08/2000 103
Notice of recently decided authority by plaintiff Robert Reiger in 3:98-cv-00528 in opposition to motion to dismiss plas' 2nd Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [92-1] (lmh) (Entered: 06/09/2000)
07/31/2000 104
Notice by defendants Altris Software Inc and defendant John W Low in 3:98-cv-00528 of change of address of cnsl: Gibson, Dunn & Crutcher, 4 Park Plaza, Irvine, CA 92614-8557, [phone], fax [phone]. [Atty Maint] (lmh) (Entered: 08/01/2000)
09/28/2000 105
Order by Judge Thomas J. Whelan granting Price Waterhouse's motion to dismiss plas' 2nd Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [92-1]; the dismissal is entered w/prejudice and w/out leave to amend; Clerk of Ct shall close the file and terminate this and all consolidated actions. (lmh) (Entered: 09/28/2000)
09/28/2000 106
Clerks Judgment: Ct grants Price Waterhouse's motion to dismiss plas' 2nd Amd Cmp pursuant to FRCP Rules 9(b) and 12(b)(6) [92-1]; the dismissal is entered w/prejudice and w/out leave to amend; Clerk of Ct shall close the file and terminate all consolidated actions; terminating case (3:98-cv-00553 3:98-cv-00612 3:98-cv-00697 3:98-cv-00806 3:98-cv-00827) (lmh) (Entered: 09/28/2000)
10/02/2000 107
AMENDED Order by Judge Thomas J. Whelan granting Price Waterhouse's motion to dismiss and dismisses the 2nd Amd Cmp w/prejudice; Clerk of Ct shall close the file on this and all consolidated actions (case previously terminated on Order filed 9/28/00) (lmh) Modified on 10/02/2000 (Entered: 10/02/2000)
10/02/2000 108
AMENDED Clerks Judgment; Ct grants Price Waterhouse's motion to dismiss and dismisses the 2nd Amd Cmp w/prejudice; Clerk of Ct shall close the file on this and all consolidated actions (case previously terminated on Order dated 9/28/00) (lmh) Modified on 10/02/2000 (Entered: 10/02/2000)
10/27/2000 109
Notice of appeal by plaintiff Robert Reiger from Dist. Court decision entered on 10/2/00. Receipt No/Amt of Fee: 065393, $150.00 [108-1] (dkt clerk) (Entered: 10/30/2000)
10/30/2000 Notice of appeal sent to Circuit Court [109-1] (dkt clerk) (Entered: 10/30/2000)
11/22/2000 110
Transcript Designation and Ordering Form for dates: no portion of the transcript will be designated [109-1] (dkt clerk) (Entered: 11/22/2000)
06/04/2001 111
Appellant's unopposed request for extension of time to file reply brief is granted. (dkt clerk) (Entered: 06/05/2001)
09/12/2001 112
Notice by Deborah R Gross attorney for plaintiff Robert Reiger of change of address (joeh) (Entered: 09/13/2001)
10/23/2001 113
Notice by the law firm of Entwistle and Cappucci attorneys for plaintiff Robert Reiger of change of address (joeh) (Entered: 10/24/2001)
01/29/2002 Mailed Original Clerk's record to USCA case volume(s) 10 [109-1] (dkt clerk) (Entered: 01/29/2002)
06/28/2002 Received judgement from USCA. Forward to Court Clerk for calendar. (dkt clerk) (Entered: 07/01/2002)
07/02/2002 114
Certified copy of judgment from USCA affirming the decision of the District Court re: appeal [109-1] (dkt clerk) (Entered: 07/02/2002)
07/25/2002 115
Certified Copy of Appellate Court Order: the ct grants in part appellee's opposed motion for taxation of costs. Costs are taxed in the amount of $404.60. This order shall serve to amend the mandate (cc: CRD) (dkt clerk) (Entered: 07/25/2002)
07/26/2002 Clerk's original record returned from USCA (dkt clerk) (Entered: 07/29/2002)