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Gaines v. Barrick Gold Corp., et al, No. 1:03-cv-05856 (S.D.N.Y.)
Case Title: Gaines v. Barrick Gold Corp., et al
Case Type: Civil Case
Court: U.S. District Court for the Southern District of New York
Index Number(s): 1:2003cv5856, 1:03-cv-05856, 1:03-cv-05856-RMB
Nature of Suit: 850 Securities/Commodities
Judge: Richard M. Berman
Case Opened: August 5, 2003
Case Closed November 6, 2009
Docket Entries
Date Filed Dkt # Entry Text
Aug 5, 2003 CASE REFERRED TO Judge Richard M. Berman as possibly related to 1:03cv4302. (gmo)
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Aug 5, 2003 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 481235. (gmo) (Entered: 08/08/2003)
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Aug 11, 2003 NOTICE OF MOTION (filed on service date) by James E. Alm, Anton Del Forno, Diane Del Forno for an order consolidating the actions 03cv4302, 03cv5104, and 03cv5856 for an order appointing Alm and the Del Fornos as lead plaintiffs and for an order approving Alm and the Del Fornos' selection of the law firms of Cauley Geller Bowman & Rudman, L.L.P. and Schiffrin and Barroway, L.L.P. to serve as lead counsel . Return Date not indicated. Original document filed in case #03cv4302, document #5. (dle)
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Aug 12, 2003 MEMORANDUM OF LAW by James E. Alm, Anton Del Forno, Diane Del Forno in support of [0-1] motion for an order consolidating the actions 03cv4302, 03cv5104, and 03cv5856 for an order appointing Alm and the Del Fornos as lead plaintiffs and for an order approving Alm and the Del Fornos' selection of the law firms of Cauley Geller Bowman & Rudman, L.L.P. and Schiffrin and Barroway, L.L.P. to serve as lead counsel . Original document filed in case #03cv4302, document #6. (dle)
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Aug 12, 2003 DECLARATION of David A. Rosenfeld by James E. Alm, Anton Del Forno, Diane Del Forno in support Re: [0-1] motion for an order consolidating the actions 03cv4302, 03cv5104, and 03cv5856 for an order appointing Alm and the Del Fornos as lead plaintiffs and for an order approving Alm and the Del Fornos' selection of the law firms of Cauley Geller Bowman & Rudman, L.L.P. and Schiffrin and Barroway, L.L.P. to serve as lead counsel . Original document filed in case #03cv4302, document #7. (dle)
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Aug 26, 2003 Case accepted as related to 1:03cv4302. Notice of assignment to follow. (gf)
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Aug 26, 2003 Magistrate Judge Debra C. Freeman is so designated. (gf)
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Aug 26, 2003 2 Notice of Case assignment to Judge Richard M. Berman . Copy of notice and judge's rules mailed to Attorney(s) of record: Lawrence P. Kolker . (gf) (Entered: 08/29/2003)
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Sep 18, 2003 STIPULATION AND ORDER for consolidation of 03 civ. 4302, 03 civ. 5059, 03 civ. 5104, 03 civ. 5856, and 03 civ. 6089. James E. Alm, the Del Fornos and Yvette T. Houle are hereby appointed Lead Plaintiffs pursuant to 21D(a)(3)(B) of the Securities Exchange Act, 15 USC 78u-4(a)(3)(B). Schiffrin & Barroway, LLP and Milberg Weiss Bershad Hynes & Lerach, LLP is select to act as Lead Counsel pursuant to 21D(a)(3)(B)(v) of the Securities Exchange Act, 15 USC 78u-4(a)(3)(B)(v). (Orig. entry is docketed in 03civ.4302 as doc. #31). (Signed by Judge Richard M. Berman on 9/18/03) (kw, )
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Sep 18, 2003 CASE ASSOCIATED TO 1:03-cv-4302. (kw, )
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Oct 3, 2003 NOTICE OF MOTION (filed on service date) by Ira Gaines for an order to extend the time period for plaintiffs to file and serve a consolidated and/or amended complaint by 15 days from the date set forth in the Court's case management plan so order entered on 9/18/03 . No Return Date. Proposed order attached. Orig. doc. # 14 filed in 03cv4302. (sb)
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Oct 7, 2003 ORDER; that the date by which plaintiffs shall serve file and serve a consolidated and/or amended complaint shall be extended by 15 days from the date set forth in this Court's Case Management Plan So Ordered entered on 9/18/03 . ( signed by Judge Richard M. Berman ); orig. document docketed in 03cv4302 as document #15 (pl)
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Nov 5, 2003 CONSOLIDATED AND AMENDED COMPLAINT by James E. Alm, Anton Del Forno, Diane Del Forno, Yvette T. Houle, Richard Wagner, Muriel P. Engelman, Philip Schechter, Ira Gaines, C.H. Smith (Answer due 11/17/03 for Jamie C. Sokalsky, for John K. Carrington, for Randall Oliphant, for Barrick Gold Corp. ) amending [1-1] complaint ; Summons issued. Received in the night deposit box on 11/5/03 at 10:13 p.m. Original document # 18 filed in 03cv4302. (sb)
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Dec 4, 2003 NOTICE of Appearance by Charles B. Updike on behalf of Barrick Gold Corp., John K. Carrington, Randall Oliphant, Jamie C. Sokalsky (orig fld in 03-4302, do c#19) (cd, )
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Jan 12, 2004 MOTION (FILED ON SERVICE DATE) for an Order pursuant to FRCP 12(b)(6), FRCP 9(b), 10(b) of the Securities Exchange Act of 1934, SEC Rule 10b-5, 20(a) of the Securities Exchange Act of 1934, and the Private Litigation Securities Reform Act of 1995 Dismissing the consolidated and amended class action complaint for violations of Federal Securities Laws in its entirety, with prejudice. Declaration of Edward Han in support attached. Document filed by Barrick Gold Corp., John K. Carrington, Randall Oliphant, Jamie C. Sokalsky. Return Date set for 4/2/2004 at 09:30 AM before Judge Richard M. Berman. Original entry in 03cv4302 document number 22.(yv, )
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Jan 14, 2004 MEMORANDUM OF LAW in Support re: MOTION (FILED ON SERVICE DATE) to Dismiss. Appendix of unreported cases cited attached. Document filed by Barrick Gold Corp., John K. Carrington, Randall Oliphant, Jamie C. Sokalsky. Original entry in 03cv4302 document number 23. (yv, )
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Feb 26, 2004 ENDORSED LETTER addressed to Judge Richard M. Berman from Daniel Altman dated 2/24/2004; counsel writes to advise that one of the lead plaintiffs lives in St. Albert, Canada, and is in the Mountain Time Zone, and requests that the settlement conference scheduled for 2/27/2004 at 9:30 a.m. be held in the early afternoon. Application respectfully denied (isn't everyone up at 7:30?). (Signed by Judge Richard M. Berman on 2/24/2004) Original document filed in case no. 03cv4302 (RMB), doc. # 24.(kkc, )
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Feb 27, 2004 MEMORANDUM TO THE DOCKET CLERK: that a status conference was held on 2/27/04 before Judge Berman; (orig. document docketed in 03cv4302 as document #25 (pl, )
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Feb 27, 2004 Minute Entry for proceedings held before Judge Richard M. Berman : Status Conference held on 2/27/2004. (pl, )
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Mar 15, 2004 Plaintiffs' memorandum of law in opposition to dfts' motion to dismiss the consolidated and amended class action complaint for violation of federal securities laws. Original document filed in case #03cv4302, document #26. (dle, )
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