U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:05-cv AKH

Transcription

1 US District Court Civil Docket as of 10/27/2006 Retrieved from the court on Thursday, November 16, 2006 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:05-cv AKH Murray Capital Management, Inc. v. Exide Technologies et al Assigned to: Judge Alvin K. Hellerstein Demand: $2,000,000 Cause: 15:78m(a) Securities Exchange Act Date Filed: 10/06/2005 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Murray Capital Management, Inc. represented by James J. Stricker Kasowitz, Benson, Torres & Friedman, L.L.P Broadway New York, NY (212) James J. Stricker Kasowitz, Benson, Torres & Friedman, LLP(NYC) 1633 Broadway New York, NY (212) Fax: (212) Lucy Prashker Cain Hibbard Myers & Cook, P.C. 309 Main Street Great Barrington, MA (413) Fax: (413) TERMINATED: 05/23/2006

2 V. Defendant Exide Technologies represented by Jonathan Jay Faust Katten Muchin Rosenman,LLP(NYC) 575 Madison Avenue New York, NY (212) Fax: (212) Defendant Deutsche Bank Securities, Inc. represented by David M. Brodsky Latham & Watkins LLP 885 Third Avenue, Suite 1000 New York, NY Fax: Jeff G. Hammel Latham and Watkins (NY) 885 Third Avenue New York, NY (212) Fax: (212) William Oliver Reckler Latham & Watkins LLP (NY) 885 Third Avenue, Suite 1000 New York, NY (212) Fax: (212) Defendant J. Timothy Gargaro represented by Jonathan Jay Faust (See above for address)

3 Defendant Craig Muhlhauser represented by Jonathan Jay Faust (See above for address) Date Filed # Docket Text 10/06/ COMPLAINT against Exide Technologies, Deutsche Bank Securities, Inc., J. Timothy Gargaro, Craig Muhlhauser. (Filing Fee $ , Receipt Number )Document filed by Murray Capital Management, Inc..(jbe, ) Additional attachment(s) added on 10/7/2005 (lb, ). (Entered: 10/07/2005) 10/06/2005 Case Designated ECF. (jbe, ) (Entered: 10/07/2005) 10/06/2005 Magistrate Judge Andrew J. Peck is so designated. (jbe, ) (Entered: 10/07/2005) 10/06/2005 SUMMONS ISSUED as to Exide Technologies, Deutsche Bank Securities, Inc., J. Timothy Gargaro, Craig Muhlhauser. (jbe, ) (Entered: 10/07/2005) 10/06/ RULE 7.1 DISCLOSURE STATEMENT. Document filed by Murray Capital Management, Inc..(jbe, ) Additional attachment(s) added on 10/7/2005 (lb, ). (Entered: 10/07/2005) 10/24/ AFFIDAVIT OF SERVICE. Exide Technologies served on 10/7/2005, answer due 10/27/2005; J. Timothy Gargaro served on 10/7/2005, answer due 10/27/2005; Craig Muhlhauser served on 10/11/2005, answer due 10/31/2005. Service was accepted by Carl Volz, Attorney. Service was made by Mail. Document filed by Murray Capital Management, Inc.. (Valicenti, David) (Entered: 10/24/2005) 10/24/ AFFIDAVIT OF SERVICE. Deutsche Bank Securities, Inc. served on 10/12/2005, answer due 11/1/2005. Document filed by Murray Capital Management, Inc.. (Valicenti, David) (Entered: 10/24/2005) 10/28/ ENDORSED LETTER addressed to Judge Hellerstein from William O. Reckler dated 10/28/05 re: DBSI's deadline to answer, move otherwise respond is extended until December 16, Murray Capital will then have until January 30, 2006 to file opposition papers...; Granted. (Signed by Judge Alvin K. Hellerstein on 10/28/05) (djc, ) (Entered: 10/31/2005) 11/01/ ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jonathan J. Faust dated 10/31/05 re: the parties shall submit a stipulation covering all briefing dates for motions, and for other pleadings. (Signed by Judge Alvin K. Hellerstein on 10/31/05) (db, ) (Entered: 11/01/2005) 11/07/ MOTION to Transfer Case To The USDC - District Of NJ Pursuant To 28 U.S.C (a) And Affidavit Of Brad S. Kalter In Support. Document filed by Exide Technologies, J. Timothy Gargaro, Craig Muhlhauser. Return Date set for 12/9/ :30 AM. (Attachments: # 1 Exhibit A (Part 1)# 2 Exhibit A (Part 2)# 3 Exhibit B (Part 1)# 4 Exhibit B (Part 2)# 5 Exhibit C# 6 Exhibit D (Part 1)# 7 Exhibit D (Part 2))(Faust, Jonathan) (Entered: 11/07/2005)

4 11/07/ MEMORANDUM OF LAW in Support re: 7 MOTION to Transfer Case To The USDC - District Of NJ Pursuant To 28 U.S.C (a) And Affidavit Of Brad S. Kalter In Support.. Document filed by Exide Technologies, J. Timothy Gargaro, Craig Muhlhauser. (Faust, Jonathan) (Entered: 11/07/2005) 11/08/ STIPULATION AND ORDER plaintiff and defendants have agreed and hereby stipulate that the Exide defendants shall file their motion to transfer this case no later than 11/7/05. Plaintiff shall file its opposition to the Exide defendants' motion to transfer on or before 11/30/05. The Exide defendants shall file a reply in support their motion to transfer on or before 12/2/05. The status conference is canceled. An argue date, if necessary, will be scheduled after briefing. (Signed by Judge Alvin K. Hellerstein on 11/8/05) (jco, ) (Entered: 11/09/2005) 11/09/ AFFIDAVIT of Nelson Vargas re: 7 MOTION to Transfer Case To The USDC - District Of NJ Pursuant To 28 U.S.C (a) And Affidavit Of Brad S. Kalter In Support., 8 Memorandum of Law in Support of Motion, AFFIDAVIT OF SERVICE UPON DAVID M. BRODSKY,ESQ. AT LATHAM &WATKINS ON 11/8/2005. Document filed by Exide Technologies, J. Timothy Gargaro, Craig Muhlhauser. (Faust, Jonathan) (Entered: 11/09/2005) 11/09/ NOTICE of Appearance by David M. Brodsky on behalf of Deutsche Bank Securities, Inc. (Brodsky, David) (Entered: 11/09/2005) 11/09/ NOTICE of Appearance by Jeff G. Hammel on behalf of Deutsche Bank Securities, Inc. (Hammel, Jeff) (Entered: 11/09/2005) 11/09/ NOTICE of Appearance by William Oliver Reckler on behalf of Deutsche Bank Securities, Inc. (Reckler, William) (Entered: 11/09/2005) 11/09/ RULE 7.1 DISCLOSURE STATEMENT. Document filed by Deutsche Bank Securities, Inc..(Reckler, William) (Entered: 11/09/2005) 11/17/ RULE 7.1 DISCLOSURE STATEMENT. Document filed by Exide Technologies, J. Timothy Gargaro, Craig Muhlhauser.(Faust, Jonathan) (Entered: 11/17/2005) 11/18/ MOTION for David H. Kistenbroker and Carl E. Volz to Appear Pro Hac Vice for defendants. Document filed by Exide Technologies, J. Timothy Gargaro, Craig Muhlhauser. (cd, ) (Entered: 11/22/2005) 11/30/ ORDER granting 16 Motion for David H. Kistenbroker and Carl E. Volz to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 11/30/05) (db, ) (Entered: 11/30/2005) 11/30/ MEMORANDUM OF LAW in Opposition re: 7 MOTION to Transfer Case To The USDC - District Of NJ Pursuant To 28 U.S.C (a) And Affidavit Of Brad S. Kalter In Support.. Document filed by Murray Capital Management, Inc.. (Prashker, Lucy) (Entered: 11/30/2005) 11/30/ AFFIDAVIT of Marti P. Murray in Opposition re: 7 MOTION to Transfer Case To The USDC - District Of NJ Pursuant To 28 U.S.C (a) And Affidavit Of Brad S. Kalter In Support.. Document filed by Murray Capital Management, Inc.. (Prashker, Lucy) (Entered: 11/30/2005) 11/30/ AFFIDAVIT of Michelle M. Johnson in Opposition re: 7 MOTION to Transfer

5 Case To The USDC - District Of NJ Pursuant To 28 U.S.C (a) And Affidavit Of Brad S. Kalter In Support.. Document filed by Murray Capital Management, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Prashker, Lucy) (Entered: 11/30/2005) 11/30/ AFFIDAVIT of Edward P. Mally in Opposition re: 7 MOTION to Transfer Case To The USDC - District Of NJ Pursuant To 28 U.S.C (a) And Affidavit Of Brad S. Kalter In Support.. Document filed by Murray Capital Management, Inc.. (Attachments: # 1 Exhibit 3# 2 Exhibit 4)(Prashker, Lucy) (Entered: 11/30/2005) 12/02/ AFFIDAVIT of David S. Slovick in Support re: 7 MOTION to Transfer Case To The USDC - District Of NJ Pursuant To 28 U.S.C (a) And Affidavit Of Brad S. Kalter In Support.. Document filed by Exide Technologies, J. Timothy Gargaro, Craig Muhlhauser. (Attachments: # 1 Exhibit E# 2 Exhibit F# 3 Exhibit G# 4 Exhibit H)(Faust, Jonathan) (Entered: 12/02/2005) 12/02/ REPLY MEMORANDUM OF LAW in Support re: 7 MOTION to Transfer Case To The USDC - District Of NJ Pursuant To 28 U.S.C (a) And Affidavit Of Brad S. Kalter In Support.. Document filed by Exide Technologies, J. Timothy Gargaro, Craig Muhlhauser. (Faust, Jonathan) (Entered: 12/02/2005) 12/08/ ORDER denying 7 Motion to Transfer Case. (Signed by Judge Alvin K. Hellerstein on 12/8/05) (db, ) (Entered: 12/08/2005) 12/12/ REVISED 24 ORDER denying 7 motion to transfer. A pre-trial case management conference will be held 2/3/06 at 9:30 a.m. (Signed by Judge Alvin K. Hellerstein on 12/8/05) (db, ) (Entered: 12/13/2005) 12/12/2005 Set/Reset Hearings: Pretrial Case Management Conference set for 2/3/ :30 AM before Judge Alvin K. Hellerstein. (db, ) (Entered: 12/13/2005) 12/20/ ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Carl E. Volz dated 12/19/05; re: Defendants time to file their Motion to dismiss Plaintiff's Complainti is due by 1/6/2006. (Signed by Judge Alvin K. Hellerstein on 12/19/05) (sac, ) (Entered: 12/20/2005) 12/20/ ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from William O. Reckler dated 12/19/05 re: Counsel writes in response to the letter submitted earlier today by defendant Exide Technologies, Inc. and request an additional extension of nine (9) days until 1/6/06 to file its motion to dismiss. So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/19/05) (jco, ) Modified on 12/20/2005 (jco, ). (Entered: 12/20/2005) 12/29/2005 CASHIERS OFFICE REMARK on 17 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 12/6/2005, Receipt Number (jd, ) (Entered: 12/29/2005) 01/06/ MOTION to Dismiss. Document filed by Deutsche Bank Securities, Inc.. (Hammel, Jeff) (Entered: 01/06/2006) 01/06/ DECLARATION of Jeff G. Hammel in Support re: 28 MOTION to Dismiss.. Document filed by Deutsche Bank Securities, Inc.. (Attachments: # 1 Complaint)(Hammel, Jeff) (Entered: 01/06/2006)

6 01/06/ MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss.. Document filed by Deutsche Bank Securities, Inc.. (Hammel, Jeff) (Entered: 01/06/2006) 01/06/ MOTION to Dismiss Plaintiff's Complaint Against The Exide Defendants And Affidavit Of Carl E. Volz In Support. Document filed by Exide Technologies, J. Timothy Gargaro, Craig Muhlhauser. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G - Part 1# 8 Exhibit G - Part 2# 9 Exhibit G - Part 3# 10 Exhibit G - Part 4# 11 Exhibit G - Part 5# 12 Exhibit G - Part 6# 13 Exhibit G - Part 7# 14 Exhibit G - Part 8# 15 Exhibit G - Part 9# 16 Exhibit G - Part 10# 17 Exhibit G - Part 11# 18 Exhibit G - Part 12(a)# 19 Exhibit G - Part 12(b)# 20 Exhibit G - Part 12(c)# 21 Exhibit G - Part 13(a)# 22 Exhibit G - Part 13(b)# 23 Exhibit G - Part 13(c)# 24 Exhibit G - Part 14(a)# 25 Exhibit G - Part 14(b)# 26 Exhibit G - Part 14(c)# 27 Exhibit G - Part 15(a)# 28 Exhibit G - Part 15(b)# 29 Exhibit G - Part 15(c)# 30 Exhibit H# 31 Exhibit I# 32 Exhibit J# 33 Exhibit K)(Faust, Jonathan) (Entered: 01/06/2006) 01/06/ MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Plaintiff's Support. (Part 1). Document filed by Exide Technologies, J. Timothy Gargaro, Craig Muhlhauser. (Attachments: # 1 Part 2 Of Memorandum Of Law# 2 Part 3 Of Memorandum Of Law# 3 Appendix 1# 4 Appendix 2# 5 Appendix 3# 6 Appendix 4# 7 Appendix 5# 8 Appendix 6# 9 Appendix 7# 10 Appendix 8# 11 Appendix 9# 12 Appendix 10# 13 Appendix 11# 14 Appendix 12# 15 Appendix 13# 16 Appendix 14# 17 Appendix 15# 18 Appendix 16# 19 Appendix 17# 20 Appendix 18# 21 Appendix 19# 22 Appendix 20# 23 Appendix 20(a))(Faust, Jonathan) (Entered: 01/06/2006) 01/13/ ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Lucy Prushker dated 1/12/06 re: The schedule noted below is accepted., Set Deadlines/Hearing as to 31 MOTION to Dismiss Plaintiff's Complaint Against The Exide Defendants And Affidavit Of Carl E. Volz In Support., 28 MOTION to Dismiss : Plaintiff's Responses due by 2/21/2006; Replies due by 3/23/2006. (Signed by Judge Alvin K. Hellerstein on 1/13/06) (sac, ) (Entered: 01/17/2006) 02/21/ FILING ERROR - WRONG PDF ASSOCIATED WITH DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss Plaintiff's Support., 28 MOTION to Dismiss.. Document filed by Murray Capital Management, Inc.. (Attachments: # 1 Supplement Part 2 to Plaintiff's Memorandum# 2 Exhibit 1# 3 Exhibit 2)(Prashker, Lucy) Modified on 2/28/2006 (gf, ). (Entered: 02/21/2006) 02/21/ FILING ERROR - WRONG PDF ASSOCIATED WITH DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss Plaintiff's Support., 28 MOTION to Dismiss. Exhibit 3, Part 1. Document filed by Murray Capital Management, Inc.. (Attachments: # 1 Exhibit 3, Part 2# 2 Exhibit 3, Part 3# 3 Exhibit 3, Part 4# 4 Exhibit 3, Part 5# 5 Exhibit 3, Part 6# 6 Exhibit 3, Part 7# 7 Exhibit 3, Part 8# 8 Exhibit 3, Part 9# 9 Exhibit 3, Part 10# 10 Exhibit 3, Part 11# 11 Exhibit 3, Part 12# 12 Exhibit 3, Part 13# 13 Exhibit 3, Part 14# 14 Exhibit 3, Part 15)(Prashker, Lucy) Modified on 2/28/2006 (gf, ). (Entered: 02/22/2006)

7 02/22/ MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss Plaintiff's Support., 28 MOTION to Dismiss. Exhibit 4, Part 1. Document filed by Murray Capital Management, Inc.. (Attachments: # 1 Exhibit 4, Part 2)(Prashker, Lucy) (Entered: 02/22/2006) 02/22/ MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss Plaintiff's Support., 28 MOTION to Dismiss. Plaintiff's Memorandum Part 1. Document filed by Murray Capital Management, Inc.. (Attachments: # 1 Supplement Plaintiff's Memorandum Part 2# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Prashker, Lucy) (Entered: 02/22/2006) 02/22/ AFFIDAVIT of Lucy Prashker in Opposition re: 31 MOTION to Dismiss Plaintiff's Support., 28 MOTION to Dismiss.. Document filed by Murray Capital Management, Inc.. (Prashker, Lucy) (Entered: 02/22/2006) 03/23/ FILING ERROR - DEFICIENT DOCKET ENTRY (DOCUMENT REFILED AS DOCUMENT #41) - REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss. Document filed by Deutsche Bank Securities, Inc.(Hammel, Jeff) Modified on 3/27/2006 (kg). (Entered: 03/23/2006) 03/23/ REPLY MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Plaintiff's Complaint Against The Exide Defendants And Affidavit Of Carl E. Volz In Support.. Document filed by Exide Technologies, J. Timothy Gargaro, Craig Muhlhauser. (Faust, Jonathan) (Entered: 03/23/2006) 03/24/ REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss.. Document filed by Deutsche Bank Securities, Inc.. (Hammel, Jeff) (Entered: 03/24/2006) 03/30/ ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Lucy Prashker dated 3/30/06 re: Request an adjournment of the case management conference currently scheduled for April 7, ENDORSEMENT: SO Ordered. (Signed by Judge Alvin K. Hellerstein on 3/30/06) (js, ) (Entered: 03/31/2006) 05/03/ ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Lucy Praskher dated 5/2/06 re: granting requests; Oral Argument set for 7/6/ :00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 5/3/06) (pl, ) (Entered: 05/05/2006) 05/05/ ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Lucy Prashker dated 5/2/06 re: a request for an adjournment of the conference. ENDORSEMENT: Oral argument adjourned to 7/6/2006 at 10:00 a.m. (Signed by Judge Alvin K. Hellerstein on 5/3/06) (kco, ) (Entered: 05/05/2006) 05/05/2006 Set Hearings: Oral Argument is set for 7/6/2006 at 10:00 AM before Judge Alvin K. Hellerstein. (kco, ) (Entered: 05/05/2006) 05/23/ STIPULATION AND ORDER; that Kasowitz, Benson, Torres & Friedman LLP be substituted as counsel for Plainitff, in place and stead of Cain Hibbard Myers & Cook, PC which is withdrawing as counsel for Murray Capital. (Signed by Judge

8 Alvin K. Hellerstein on 5/22/06) (pl, ) (Entered: 05/23/2006) 05/25/ NOTICE OF APPEARANCE by James J. Stricker on behalf of Murray Capital Management, Inc. (Stricker, James) (Entered: 05/25/2006) 06/30/ ENDORSED LETTER addressed to Alvin K. Hellerstein from Jeff G. Hammel dated 6/30/2006 re: to request an adjournment of the date for oral argument of defendants' respective motions to dismiss that had been scheduled for July 6, 2006, but was rescheduled for July 26, Amended Pleadings due by 7/31/2006. Oral Argument set for 7/20/ :30 PM before Judge Alvin K. Hellerstein. ENDORSEMENT: The adjourned date for arugment is filed on July 20,2006 at 2:30 p.m. There will be no further adjurnments. (Signed by Judge Alvin K. Hellerstein on 6/30/2006) (jmi, ) (Entered: 07/05/2006) 06/30/2006 ***DELETED DOCUMENT. Deleted document number 48 Endorsed Letter. The document was incorrectly filed in this case. (ae, ) (Entered: 07/11/2006) 07/11/ ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Carl E. Volz dated 7/7/06. ENDORSEMENT: Oral argument is further adjourned to August 21, 2006 at 2:00 (Signed by Judge Richard J. Holwell on 7/11/06) (js, ) (Entered: 07/12/2006) 08/21/2006 Minute Entry for proceedings held before Judge Alvin K. Hellerstein : Oral Argument held on 8/21/2006. (jar, ) (Entered: 08/31/2006) 08/22/ ORDER; granting 31 Motion to Dismiss, granting 28 Motion to Dismiss, except that the leave to amend the Complaint is also granted provided that any such amended complaint shall be due by 10/10/06. (Signed by Judge Alvin K. Hellerstein on 8/21/06) (pl, ) (Entered: 08/22/2006) 08/22/2006 Set/Reset Scheduling Order Deadlines: Amended Pleadings due by 10/10/2006. (pl, ) (Entered: 08/22/2006) 09/11/ TRANSCRIPT of proceedings held on 8/21/06 before Judge Alvin K. Hellerstein. (jbe, ) (Entered: 09/11/2006) 10/13/ AMENDED COMPLAINT amending 1 Complaint, against Exide Technologies, Deutsche Bank Securities, Inc., J. Timothy Gargaro, Craig Muhlhauser.Document filed by Murray Capital Management, Inc. Related document: 1 Complaint, filed by Murray Capital Management, Inc.(jco, ) (Entered: 10/16/2006) 10/27/ ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jeff G. Hammel dated 10/25/06 re: We have consulted with counsel for plaintiff and our co-defendants and we have worked out the following schedule: motion to dismiss due 11/22/06, plaintiff's opposition submission due 1/5/07 and defendants reply briefs would be due on 1/26/07. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/26/06) (js, ) (Entered: 10/27/2006) 10/27/2006 Set Deadlines/Hearings: Motions due by 11/22/2006. Replies due by 1/26/2007. Responses due by 1/5/2007 (js, ) (Entered: 10/27/2006) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out

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