speed, here is the last court document prior to the hearing on 1/19/06.....
UNITED STATES DISTRICT COURT
WESTERN DISTICT OF PENNSYLVANIA
____________________________________
:
ANDREW LASNER, on behalf of himself :
and all others similarly situated, : CIVIL ACTION NO.: 2:05-cv-1194
:
:
Plaintiff, :
:
v. :
:
WORLD HEALTH ALTERNATIVES, :
INC.; RICHARD E. McDONALD; MARC :
ROUP; JOHN C. SERCU; AND :
DASZKAL BOLTON LLP, :
:
Defendants. :
____________________________________:
[PROPOSED] ORGANIZATIONAL AND SCHEDULING ORDER
I. New Caption
1. The Actions Consolidated in the Action shall proceed under the following Caption:
____________________________________
:
IN RE WORLD HEALTH :
ALTERNATIVES, INC. : Master File No.: 2:05-cv-1194 (TMH)
SECURITIES LITIGATION :
:
____________________________________:
400866.doc 1
Case 2:05-cv-01194-TMH Document 106 Filed 12/12/2005 Page 1 of 4
II. Appointment Of Lead Plaintiffs And Approval Of Selection Of Lead Counsel
2. The Court appointed Columbus Capital Partners, L.P. and Columbus Offshore Fund, Ltd. as Lead Plaintiffs in open court on November 21, 2005.
3. Lead Plaintiffs, pursuant to §21D(a)(3)(B)(v) of the PSLRA, have selected and retained the law firm of Berger & Montague, P.C. to serve as their Lead Counsel in this consolidated action, and Caroselli, Beachler, McTiernan & Conboy, LLC as Liaison Counsel. The Court approved the selections of Plaintiffs’ Lead and Liaison Counsel in open Court on November 21, 2005.
4. Plaintiffs’ Lead Counsel shall have the following responsibilities and duties:
(a) to coordinate the briefing and argument of motions;
(b) to coordinate the conduct of discovery proceedings;
(c) to coordinate the examination of witnesses in depositions;
(d) to coordinate the selection of counsel to act as spokesperson at pretrial conferences;
(e) to call meetings of the plaintiffs' counsel as they deem necessary and appropriate from time to time;
(f) to coordinate all settlement negotiations with counsel for defendants;
(g) to coordinate and direct the pretrial discovery proceedings and the preparation for trial and the trial of this matter and to delegate work responsibilities to selected counsel as may be required; and
400866.doc 2
Case 2:05-cv-01194-TMH Document 106 Filed 12/12/2005 Page 2 of 4
(h) to supervise any other matters concerning the prosecution, resolution or settlement of the Consolidated Action.
5. No motion, request for discovery, or other pretrial proceedings shall be initiated or filed by any plaintiff without the approval of Lead Counsel, so as to prevent duplicative pleadings or discovery by plaintiffs. No settlement negotiations shall be conducted without the approval of Lead Counsel.
6. Counsel in any related action that is consolidated with the Consolidated Action shall be bound by this organization of plaintiffs’ counsel.
7. Lead Counsel shall have the responsibility of receiving and disseminating Court orders and notices.
8. Lead Counsel shall be the contact between plaintiffs’ counsel and defendants' counsel, as well as the spokesperson for plaintiffs’ counsel, and shall direct and coordinate the activities of plaintiffs’ counsel.
9. Defendants shall effect service of papers on plaintiffs by serving a copy of same on Lead and Liaison Counsel by overnight mail service, electronic or hand delivery. Plaintiffs shall effect service of papers on defendants by serving a copy of same on defendants' counsel by overnight mail service, electronic or hand delivery.
III. Obligation To Preserve Documents
10. During the pendency of this litigation, or until further order of this Court, the parties shall take reasonable steps to preserve all documents within their possession, custody, or control, including computer-generated and stored information, and materials such as
400866.doc 3
Case 2:05-cv-01194-TMH Document 106 Filed 12/12/2005 Page 3 of 4
computerized data and electronic mail, containing information which is relevant to the subject matter of the pending litigation.
IV. Consolidated Class Action Complaint
11. Lead Plaintiffs shall file a Consolidated Class Action Complaint 30 days after Defendant World Health Alternatives, Inc. files Restated Financial Statements with the Securities Exchange Commission, or 120 days from this date, whichever is sooner. The Consolidated Complaint shall be treated as if it were the original complaint in the actions consolidated herein, except that all defendants shall have 60 days after the filing and service of the consolidated complaint to answer or otherwise respond.
12. Defendants need not respond to any other Complaint that has been filed in any of the actions consolidated into this Action.
_____________________________
Honorable Thomas M. Hardiman
United States District Judge
400866.doc 4
Case 2:05-cv-01194-TMH Document 106 Filed 12/12/2005 Page 4 of 4
News 
Market Data 
Discover 
AI
