US District Court Civil Docket as of 09/19/2007
Retrieved from the court on Tuesday, November 13, 2007
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:02-cv-06645-MP
In Re: Merrill Lynch eToys, et al v. Merrill Lynch & Co., et al
Assigned to: Judge Milton Pollack
Demand: $0
Member cases:
1:02-cv-09473-JFK
1:02-cv-09474-MP
1:02-cv-09477-MP
1:02-cv-09480-MP
1:02-cv-09490-MP
Cause: 28:1331 Fed. Question: Securities Violation
Date Filed: 08/20/2002
Date Terminated: 10/29/2003
Jury Demand: Plaintiff
Nature of Suit: 850
Securities/Commodities
Jurisdiction: Federal Question
Lead Plaintiff
Dennis Fortin
represented by Jack I. Zwick
Weiss & Lurie
The Fred French Building
551 Fifth Avenue
New York, NY 10176
(212) 682-3025
Fax: 212 682 3010
Email: jzwick@weisslurie.com
LEAD ATTORNEY
Plaintiff
Alex Gorlovetsky
on behalf of himself and all others
similarly situated
Consolidated Plaintiff
Pam Bianchi
Consolidated Plaintiff
represented by Patrick Anthony Klingman
Shepherd, Finkelman, Miller & Shah,
LLC
65 Main Street
Chester, CT 06412
(860)526-1100
Fax: (860)526-1120
Email: pklingman@sfmslaw.com
LEAD ATTORNEY
Jack A. Boehm
Consolidated Plaintiff
James B. Cheslin
Consolidated Plaintiff
Kelly Peggs
Consolidated Plaintiff
Daniel Watson
V.
Defendant
Merrill Lynch & Co. Inc.
Defendant
Henry M. Blodget
Defendant
Merrill Lynch Pierce Fenner & Smith
Inc.
Date Filed
#
Docket Text
08/20/2002
CASE REFERRED TO Judge Milton Pollack] as possibly related to 21 MC 96
(MP). (rmo) (Entered: 08/26/2002)
08/21/2002
1 CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28
U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 448478. (rmo) Modified on
08/26/2002 (Entered: 08/26/2002)
08/29/2002
08/29/2002
Case accepted as related to 1:21mc96. Notice of assignment to follow. (gmo)
Modified on 10/01/2002 (Entered: 09/25/2002)
2 Notice of Case Assignment to Judge Milton Pollack . Copy of notice and judge's
rules mailed to Attorney(s) of record: Patrick Anthony Klingman . (gmo) (Entered:
09/25/2002)
08/29/2002
Magistrate Judge Kevin N. Fox is so designated. (gmo) (Entered: 09/25/2002)
12/09/2002
CASE MANAGEMENT ORDER #1, consolidating cases the action captioned
Gorlovetsky v. Merrill Lynch & Co., Inc. and Henry Blodget, 02-CV-6645(MP)
brought on behalf of purchasers of the stock of eToys Inc. shall be carried in the
Clerk's office and known as the In re Merrill Lynch & Co., Inc. eToys Inc.
Research Reports Securities Litigation, 02-CV-6645 (MP). following actions,
brought in other jurisdictions on behalf of purchasers of the common stock of
eToys Inc. and transferred to this Court by order of the Judicial Panel on
Multidistrict Litigation shall be, if all parties consent, consolidated with 02-CV6645(MP) and, if all parties do not consent to consolidation, the applicable action
shall be stayed until further order of the Court: Bianchi v. Merrill Lynch & Co.,
Inc. and Henry Blodget 02-CV-6054 (C.D. Cal.) Boehm v. Merrill Lynch & Co.,
Inc. and Henry Blodget 02-CV-1391 (D. Ariz.) Cheslin v. Merrill Lynch & Co.,
Inc. and Henry Blodget 02-CV-3559 (N.D. Cal.) Peggs v. Merrill Lynch & Co.,
Inc. and Henry Blodget 02-CV-871 (D. Ariz.) Watson v. Merrill Lynch & Co., Inc.
and Henry Blodget 8:02-CV-1416-T-24 (M.D. Fla.) . ( signed by Judge Milton
Pollack ); (ORIGINAL FILED IN 02md1484 AS DOCUMENT #133) (rag)
Modified on 01/16/2003 (Entered: 12/20/2002)
12/09/2002
Consolidated Lead Case. (rag) (Entered: 12/20/2002)
03/14/2003
3 CONSOLIDATED AND AMENDED COMPLAINT by Dennis Fortin, Daniel
Watson, Alex Gorlovetsky, Pam Bianchi, Jack A. Boehm, James B. Cheslin, Kelly
Peggs (Answer due 3/24/03 for Henry M. Blodget, for Merrill Lynch & Co. ),
amending [1-1] complaint against Merrill Lynch Pierce; Summons issued. (sb)
Modified on 03/17/2003 (Entered: 03/17/2003)
09/03/2003
4 MEMORANDUM OF LAW by Alex Gorlovetsky in opposition to Defendants'
Motions to Dismiss. (docmt received in night dep 9:31 p.m.) (djc) (Entered:
09/08/2003)
09/03/2003
5 MEMORANDUM OF LAW by Alex Gorlovetsky in opposition to Defendants'
Motions to Dismiss; (docmt received in night dep. on 09/03/03 at 9:31 p.m.) (djc)
(Entered: 09/08/2003)
09/26/2003
REPLY MEMORANDUM by Henry M. Blodget in support of his motion to
dismiss the phase I cases, and in support of his joinder motion to dismiss and
motion to strike of Merrill Lynch. Original document filed in 02cv3252 (MP), Doc
# 22. (db) (Entered: 09/30/2003)
10/03/2003
ORDER, (This Document relates to 03-2927, 02-6645, 02-9931, 02-6637, 02-9852,
02-7739, 02-3252, 02-3634 & 02-7585) for leave to file by 12:00pm on the 7th
business days here from a specific response, if any is required, to the acceptability
by the Court of the analysis of the allegations of the complaints in the captioned
actions as set forth in the Appendix to Reply Memorandum of Law of Defts.
Merrill Lynch, Pierce, Fenner & Smith Inc. in Further Support of their Motion to
Dismiss the Complaints, filed w/the Court on 9/26/03, and referenced in the Defts'
Reply Memo of Law at page 28 . ( signed by Judge Milton Pollack ); ORIGINAL
DOCUMENT ENTERED IN CASE #02 MDL 1484 (MP), DOC. #319. (tp)
(Entered: 10/08/2003)
10/15/2003
JOINT NOTICE OF MOTION by Lead Plaintiff's, (This document relates to 032987, 02-6645, 02-9931, 02-6637, 02-9852, 02-7739, 02-3252, 02-3634, 02-7585)
for an Order striking the Appendix to the Reply Memorandum of Law of
Defendants Merrill Lynch & Co., Inc. and Merrill Lynch Pierce Fenner & Smith
Inc. in further Support of their Motion to Dismiss the Complaints filed w/the Court
on 9/26/03; and to strike the Declaration of Joanne Gaboriault in Support thereof &
Exhibits thereto ; and, for leave to file a surreply to address new matters raised in
Defendants' Reply Memoranda, before Judge Pollack, at the Courthouse located at
40 Centre Street NY, NY 10007, at a time and date to be determined by the Court .
Return Date at not indicated. ORIGINAL DOCUMENT ENTERED IN CASE #02
MDL 1484 (MP), DOC. #321. (tp) (Entered: 10/17/2003)
10/15/2003
LEAD PLAINTIFFS' JOINT RESPONSE TO ORDER OF 10/3/03 AND
MEMORANDUM OF LAW in support of [0-1] motion (This document relates to
03-2987, 02-6645, 02-9931, 02-6637, 02-9852, 02-7739, 02-3252, 02-3634, 027585) for an Order striking the Appendix to the Reply Memorandum of Law of
Defendants Merrill Lynch & Co., Inc. and Merrill Lynch Pierce Fenner & Smith
Inc. in further Support of their Motion to Dismiss the Complaints filed w/the Court
on 9/26/03; and to strike the Declaration of Joanne Gaboriault in Support thereof &
Exhibits thereto, [0-2] motion for leave to file a surreply to address new matters
raised in Defendants' Reply Memoranda, before Judge Pollack, at the Courthouse
located at 40 Centre Street NY, NY 10007, at a time and date to be determined by
the Court. ORIGINAL DOCUMENT ENTERED IN CASE #02 MDL 1484 (MP),
DOC. #322. (tp) (Entered: 10/17/2003)
10/15/2003
Memo endorsed on motion; ORDER NO. 18; (This document relates to 03-2987,
02-6645, 02-9931, 02-6637, 02-9852, 02-7739, 02-3252, 02-3634, 02-7585); The
motion to file a surreply in the form submitted is granted to be served & filed w/the
Court on the return date, 10/17/03, of the motion to dismiss. The motion to strike
Exhibits C, D, F & G of the Gaboriault Declaration is granted. The Motion to strike
the balance of said Declaration is denied. The motion to strike defts' Appendix to
their Reply Memorandum is denied. The Court will treat said Appendix as part of
the arguments in defts' Reply Memorandum. ( signed by Judge Milton Pollack );
ORIGINAL DOCUMENT ENTERED IN CASE #02 MDL 1484 (MP), AND
ENDORSED ON DOC. #321. (tp) (Entered: 10/17/2003)
10/15/2003
6 NOTICE OF MOTION by Dennis Fortin to strike the Appendix to the Reply
Memo of Law of Merrill Lynch and the Declaration of Joanne Gaboriault in
support thereof ; for leave to file a surreply to address new matters raised in Defts'
Reply Memo ; Return Date not indicated (cd) (Entered: 10/21/2003)
10/15/2003
7 MEMORANDUM OF LAW by Dennis Fortin in support of [6-1] motion to strike
the Appendix to the Reply Memo of Law of Merrill Lynch and the Declaration of
Joanne Gaboriault in support thereof, [6-2] motion for leave to file a surreply to
address new matters raised in Defts' Reply Memo . (cd) (Entered: 10/21/2003)
10/17/2003
11 Lead Plaintiffs' Joint Surreply Memorandum of Law in Opposition to Defendants'
Motion to Dismiss (djc) (Entered: 11/05/2003)
10/22/2003
8 Plaintiff's submission concerning the paragraphs of the complaint that charge dfts
with fraud by Alex Gorlovetsky . (dle) (Entered: 10/24/2003)
10/22/2003
SUPPLEMENTAL MEMORANDUM OF LAW by Henry M. Blodget in support
of his motion to dismiss the Phase I cases. Original document filed in case
#02md1484, document #331. (dle) (Entered: 11/07/2003)
10/22/2003
Plaintiff's submission concerning the paragraphs of the complaint that charge
defendants with fraud. Original document filed in case #02md1484, document
#329. (dle) (Entered: 11/07/2003)
10/23/2003
10/27/2003
9 AFFIDAVIT OF SERVICE of Lead Plaintiffs' Post-Argument Submission
Regarding Defendants' Duty of Disclosure by hand and Fed Ex as to the attached
list of attorneys on 10/22/03. (sb) (Entered: 10/28/2003)
10 Post-argument submission regarding defendants' duty of disclosure by Dennis
Fortin . (yv) (Entered: 10/29/2003)
10/29/2003
DECISION AND ORDER #21; the Complaints fail to state a claim principally
because there are no claims in the Complaints that the alleged misrepresentations or
omissions proximately caused the losses claimed; additionally, the complaints are
barred by the relevant statute of limitations and the inference of scienter. These
reasons alone are adequate to merit dismissal of the complaints with prejudice. It is
not strictly necessary to address the myriad pleading deficiencies of the
Complaints. However, ptffs. have repeatedly failed to cure the pleading defects
despite having had ample opportunity to amend appropriately. Thus, the complaints
merit dismissal w/prejudice because they fail to meet the essential pleading
requirements of FRCP9(b) and the Reform Act. The Clerk is hereby directed to
close all constituent cases relating to the 8 stocks here involved . ( signed by Judge
Milton Pollack ); This Document relates to 02-6645, 9931, 6637, 9852, 7739, 3252,
3634, 7585; orig. document filed in 02md1484 as document #340 (pl) Modified on
11/17/2003 (Entered: 11/10/2003)
10/29/2003
Case closed. (pl) (Entered: 11/10/2003)
12/01/2003
12 NOTICE OF APPEAL by Lead Plaintiffs from Order,,,,,,,,,.. Filing fee $ 255.00,
receipt number E492462. Copies of Notice of Appeal mailed to Attorney(s) of
Record: Skadden, Arps, Slate, Meagher & flom and Foley & Lardner. (dt, )
(Entered: 12/08/2003)
02/04/2004
13 AMENDED NOTICE OF APPEAL re: [12] Notice of Appeal, Order,,,,,,,,,.
Document filed by Dennis Fortin. Copies of Amended Notice of Appeal mailed to
Attorney(s) of Record: Edward F. Haber, Esq. and Edward K. Yodowitz, Esq.. (dt,
) (Entered: 02/05/2004)
02/05/2004
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court
of Appeals re: [13] Amended Notice of Appeal. (dt, ) (Entered: 02/05/2004)
02/05/2004
Transmission of Notice of Appeal to the District Judge re: [13] Amended Notice of
Appeal. (dt, ) (Entered: 02/05/2004)
02/06/2004
CLERK'S JUDGMENT original filed in 02 MDL 1484. (Signed by J. Michael
McMahon, Clerk on 02/06/04) copies mailed by clerk's office.(jf, ) (Entered:
02/06/2004)
03/12/2004
14 Appeal Record Sent to USCA (Index). Notice that the Original index to the record
on Appeal for [12] Notice of Appeal, [13] Amended Notice of Appeal filed by
Dennis Fortin USCA Case Number 04-0682-cv, 3 Copies of the index, Certified
Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of
Appeals. (dt, ) (Entered: 03/12/2004)
05/05/2006
15 TRUE COPY ORDER of USCA as to [13] Amended Notice of Appeal filed by
Dennis Fortin, USCA Case Number 04-0682. Stipulation Withdrawing appeals
from active consideration without prejudice, and with leave to reactivate. Roseann
B. MacKechnie, Clerk USCA. Certified: 5/3/2006. (nd, ) (Entered: 05/08/2006)
05/08/2006
Transmission of USCA Mandate/Order to the District Judge re: [15] USCA Order,.
(nd, ) (Entered: 05/08/2006)
08/22/2006
16 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to [12]
Notice of Appeal USCA Case Number 04-0682-cv. Stipulation withdrawing appeal
from active consideration, without prejudice with leave to reactivate. Roseann B.
MacKechnie, Clerk USCA. Certified: 8/21/2006. (nd, ) (Entered: 08/23/2006)
08/23/2006
Transmission of USCA Mandate/Order to the District Judge re: [16] USCA
Mandate Withdrawing Appeal,. (nd, ) (Entered: 08/23/2006)
09/19/2007
JUDGMENT ORDER AND FINAL JUDGMENT settling action as to all actions
listed in Schedule 1 of this judgment. (Orig filed in case no. 02 MD 1484 (JFK) as
doc. # 467). (Signed by Judge John F. Keenan on 9/18/07) Filed In Associated
Cases: 1:02-cv-06645-MP et al.(ml) (Entered: 10/26/2007)
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