Case Details

CourtCentral District of California
Docket number2:10-cv-09292
Date case filed2010-12-03
Date case closed2012-07-11
Date of latest filing
Assigned toJudge Percy Anderson
Case cause15:78m(a) Securities Exchange Act
Nature of suit850 Securities/Commodities
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Jonah Ansell
Party type: Plaintiff
individually and on behalf of all others similarly situated
Attorney name: Laurence M Rosen
Attorney Contact:
Rosen Law Firm
355 South Grand Avenue Suite 2450
Los Angeles, CA 90071
213-785-2610
Fax: 213-226-4684
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Daniel S. Laikin
Party type: Defendant
Attorney name: Jennifer Laser
Attorney Contact:
Valle Makoff LLP
11911 San Vicente Blvd.
Suite 324
Los Angeles, CA 90049
310-476-0030
Fax: 310-476-0333
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Jeremy J Osher
Attorney Contact:
Boren Osher & Luftman LLP
5900 Wilshire Boulevard Suite 920
Los Angeles, CA 90036
323-937-9900
Fax: 323-937-9910
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Stephen Z Boren
Attorney Contact:
Boren Osher & Luftman LLP
5900 Wilshire Boulevard Suite 920
Los Angeles, CA 90036
323-937-9900
Fax: 323-937-9910
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Timothy S. Durham
Party type: Defendant
Attorney name: Timothy L Skelton
Attorney Contact:
Ropers Majeski Kohn & Bentley
515 South Flower Street Suite 1100
Los Angeles, CA 90071
213-312-2000
Fax: 213 312 2001
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Todd A Roberts
Attorney Contact:
Ropers Majeski Kohn & Bentley
1001 Marshall Street
Redwood City, CA 94063
650-364-8200
Fax: 650-367-0997
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Paul Skjodt
Party type: Defendant
Attorney name: Timothy L Skelton
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Todd A Roberts
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Robert Levy
Party type: Defendant
Attorney name: Timothy L Skelton
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Todd A Roberts
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: James P. Jimirro
Party type: Defendant
Attorney name: Timothy L Skelton
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Todd A Roberts
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Duncan Murray
Party type: Defendant
Attorney name: Timothy L Skelton
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Todd A Roberts
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: James Toll
Party type: Defendant
Attorney name: Timothy L Skelton
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Todd A Roberts
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Lorraine Evanoff
Party type: Defendant
Attorney name: Timothy L Skelton
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Todd A Roberts
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: National Lampoon Inc
Party type: Defendant
Attorney name: Addison Kehr Adams
Attorney Contact:
Richardson & Patel LLP
10900 Wilshire Boulevard Suite 500
Los Angeles, CA 90024
310-208-1182
Fax: 310-208-1154
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: David Bruce Gordon
Attorney Contact:
Richardson & Patel LLP
750 Third Avenue 9th Floor
New York, NY 10017
646-755-7315
Fax: 917-591-3479
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: William Son Hoang
Attorney Contact:
Richardson & Patel LLP
10900 Wilshire Blvd., Suite 500
Los Angeles, CA 90024
310-208-1182
Fax: 310-208-1154
Email: [email protected]
TERMINATED: 09/14/2011 ATTORNEY TO BE NOTICED
Party: Robert A Steinberg
Party type: Mediator (ADR Panel)
Mediating the Complex Business Case
1900 Avenue of the Stars, Ste. 250,
Los Angeles, CA 90067

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12010-12-03 CLASS ACTION COMPLAINT against Defendants Timothy S. Durham, Lorraine Evanoff, James P. Jimirro, Daniel S. Laikin, Robert Levy, Duncan Murray, National Lampoon Inc, Paul Skjodt, James Toll. Case assigned to Judge Percy Anderson for all further proceedings. Discovery referred to Magistrate Judge Alicia Rosenberg.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Jonah Ansell. (et) (mg). (Entered: 12/06/2010)
22010-12-03 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Jonah Ansell. (et) (mg). (Entered: 12/06/2010)
32010-12-03 STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. *See Order for further, important details.* (ag) (Entered: 12/06/2010)
42011-02-07 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Lead Plaintiff filed by Movant Jonah Ansell. Motion set for hearing on 3/7/2011 at 01:30 AM before Judge Percy Anderson. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 02/07/2011)
52011-02-07 MEMORANDUM in Support of MOTION for Appointment of Counsel and Lead Plaintiff 4 filed by Plaintiff Jonah Ansell. (Rosen, Laurence) (Entered: 02/07/2011)
62011-02-07 DECLARATION of Laurence Rosen in support of MOTION for Appointment of Counsel and Lead Plaintiff 4 filed by Plaintiff Jonah Ansell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rosen, Laurence) (Entered: 02/07/2011)
72011-03-01 NOTICE Non-Opposition to Ansell Group's Lead Plaintiff Motion filed by Movant Jonah Ansell. (Rosen, Laurence) (Entered: 03/01/2011)
82011-03-07 MINUTES: IN CHAMBERS - ORDER: Until the Court approves a lead plaintiff, it is premature to approve the Ansell Groups choice of lead counsel. The Court therefore declines to appoint the Ansell Groups choice of lead counsel 4 at this point. Once the issue of lead plaintiff is conclusively resolved, the court will determine the issue of lead counsel IT IS SO ORDERED by Judge Percy Anderson. (ir) (Entered: 03/07/2011)
92011-04-12 (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Percy Anderson. The court, on its own motion, orders plaintiff to show cause in writing on or before 4/26/2011, why this action should not be dismissed for lack of prosecution. (vdr) (Entered: 04/12/2011)
102011-04-19 PROOF OF SERVICE Executed by Plaintiff Jonah Ansell, upon Defendant National Lampoon Inc served on 4/13/2011, answer due 5/4/2011. Service of the Summons and Complaint were executed upon Scott Lascala, Process Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Rosen, Laurence) (Entered: 04/19/2011)
112011-04-21 PROOF OF SERVICE Executed by Plaintiff Jonah Ansell, upon Defendant Paul Skjodt served on 4/20/2011, answer due 5/11/2011. Service of the Summons and Complaint were executed upon Paul L. Skjodt in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Rosen, Laurence) (Entered: 04/21/2011)
122011-04-21 PROOF OF SERVICE Executed by Plaintiff Jonah Ansell, upon Defendant James P. Jimirro served on 4/21/2011, answer due 5/12/2011. Service of the Summons and Complaint were executed upon James Jimirro in compliance with statute not specified by substituted service at home address and by also mailing a copy. Original Summons returned. Served Pursuant to NY CPLR 308(2) (Rosen, Laurence) (Entered: 04/21/2011)
132011-04-26 PROOF OF SERVICE Executed by Plaintiff Jonah Ansell, upon Defendant Lorraine Evanoff served on 4/25/2011, answer due 5/16/2011. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Rosen, Laurence) (Entered: 04/26/2011)
142011-04-26 PROOF OF SERVICE Executed by Plaintiff Duncan Murray, upon Defendant Duncan Murray served on 4/25/2011, answer due 5/16/2011. Service of the Summons and Complaint were executed upon Duncan Murray in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Rosen, Laurence) (Entered: 04/26/2011)
152011-04-26 PROOF OF SERVICE Executed by Plaintiff Jonah Ansell, upon Defendant Timothy S. Durham served on 4/26/2011, answer due 5/17/2011. Service of the Summons and Complaint were executed upon Timothy S. Durham in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Rosen, Laurence) (Entered: 04/26/2011)
162011-04-26 PROOF OF SERVICE Executed by Plaintiff Jonah Ansell, upon Defendant Robert Levy served on 4/26/2011, answer due 5/17/2011. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons returned. (Rosen, Laurence) (Entered: 04/26/2011)
172011-04-26 RESPONSE filed by Plaintiff Jonah Ansellto Order to Show Cause, 9 (Attachments: # 1 Declaration of Laurence Rosen, # 2 Exhibit 1 to Rosen Decl., # 3 Exhibit 2 to Rosen Decl., # 4 Exhibit 3 to Rosen Decl.)(Rosen, Laurence) (Entered: 04/26/2011)
17.1 Declaration of Laurence Rosen
17.2 Exhibit 1 to Rosen Decl.
17.3 Exhibit 2 to Rosen Decl.
17.4 Exhibit 3 to Rosen Decl.
182011-04-27 MINUTES IN CHAMBERS - ORDER by Judge Percy Anderson. The Ansell Group has selected as Co-Lead Counsel the Rosen Law Firm, P.A. and Rigrodsky & Long, P.A. Although the Rosen Law Firm, P.A. filed the original Complaint in this action, it is unclear how or why Rigrodsky and Long, P.A. came to be involved in this action. The Ansell Group has not given any explanation as to why this case requires the services of two law firms, how the law firms will resolve any disputes that may arise between them, or if the arrangement will create a duplication of effort and added expense. To resolve the Lead Counsel approval issue, the Court orders the Ansell Group to either select a single law firm to act as Lead Counsel or to show cause why the appointment of Co-Lead Counsel will not result in disputes between the law firms, will not create a duplication of effort and added expense, and is otherwise necessary and beneficial to the class. The response to the order to show cause, which shall not exceed ten (10) pages, shall be filed not later than May 11, 2011. (lom) ** ORDER TO SHOW CAUSE IS DISCHARGED BY CIVIL MINUTES OF 5/12/2011 26 ** Modified on 5/13/2011 (gk). (Entered: 04/27/2011)
192011-04-28 PROOF OF SERVICE Executed by Defendant Jonah Ansell, upon Defendant Daniel S. Laikin served on 4/25/2011, answer due 5/16/2011. Service of the Summons and Complaint were executed upon Daniel Laikin in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Rosen, Laurence) (Entered: 04/28/2011)
202011-05-04 STIPULATION to Continue National Lampoon, Inc.'s Time to Answer, Move or Otherwise Respond to the Complaint for Violation of the Federal Securities Laws from May 4, 2011 to June 3, 2011 filed by Defendant National Lampoon Inc. (Attachments: # 1 Proposed Order)(Hoang, William) (Entered: 05/04/2011)
212011-05-09 ORDER by Judge Percy Anderson: Upon Stipulation 20 , IT IS HEREBY ORDERED that:Defendant National Lampoon, Inc.'s time to answer, move or otherwise respond tothe Complaint shall be extended up to and including 6/3/2011. (gk) (Entered: 05/09/2011)
222011-05-10 PROOF OF SERVICE Executed by Plaintiff Jonah Ansell, upon Defendant James Toll served on 5/7/2011, answer due 5/28/2011. Service of the Summons and Complaint were executed upon James Toll in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Rosen, Laurence) (Entered: 05/10/2011)
232011-05-11 RESPONSE filed by Plaintiff Jonah Ansellto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines,,,,,,,, 18 (Rosen, Laurence) (Entered: 05/11/2011)
242011-05-11 NOTICE of Change of Attorney Information for attorney Timothy L Skelton counsel for Defendants Timothy S. Durham, Lorraine Evanoff, James P. Jimirro, Robert Levy, Duncan Murray, Paul Skjodt, James Toll. Adding Todd A. Roberts as attorney as counsel of record for TIMOTHY S. DURHAM, PAUL SKJODT, ROBERT LEVY, JAMES P. JIMIRRO, DUNCAN MURRAY,JAMES TOLL, and LORRAINE EVANOFF for the reason indicated in the G-06 Notice. Filed by Defendants TIMOTHY S. DURHAM, PAUL SKJODT, ROBERT LEVY, JAMES P. JIMIRRO, DUNCAN MURRAY,JAMES TOLL, and LORRAINE EVANOFF (Skelton, Timothy) (Entered: 05/11/2011)
252011-05-11 STIPULATION Extending Time to Answer the complaint as to Robert Levy answer now due 6/10/2011; James P. Jimirro answer now due 6/10/2011; James Toll answer now due 6/10/2011; Duncan Murray answer now due 6/10/2011; Timothy S. Durham answer now due 6/10/2011; Lorraine Evanoff answer now due 6/10/2011; Paul Skjodt answer now due 6/10/2011, re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendants Robert Levy; James P. Jimirro; James Toll; Duncan Murray; Timothy S. Durham; Lorraine Evanoff; Paul Skjodt.(Skelton, Timothy) (Entered: 05/11/2011)
262011-05-12 MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Before the Court is lead plaintiff the Ansell Group's response to this Court's Order to Show Cause dated 4/27/2011. The Ansell Group states that it has selected the Rosen Law Firm, P.A. as its sole lead counsel in this matter. The Court approves the Ansell Group's appointment of the Rosen Law Firm, P.A. as lead counsel. The Order to Show Cause 18 is discharged. Court Reporter: Not Reported. (gk) (Entered: 05/13/2011)
272011-05-31 First APPLICATION for attorney David Bruce Gordon to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8723181 paid.) filed by defendant National Lampoon Inc. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case, # 2 Exhibit Certificate of Good Standing - New York, # 3 Exhibit Certificate of Good Standing - New Jersey)(Hoang, William) (Entered: 05/31/2011)
282011-06-01 ORDER by Judge Percy Anderson: granting 27 Application to Appear Pro Hac Vice by Attorney David B. Gordon on behalf of Defendant National Lampoon, Inc., designating William Hoang as local counsel. (im) (Entered: 06/01/2011)
292011-06-03 ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 with JURY DEMAND DEFENDANT NATIONAL LAMPOON, INC.'S ANSWER TO COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS; DEMAND FOR JURY TRIAL filed by defendant National Lampoon Inc.(Hoang, William) (Entered: 06/03/2011)
302011-06-07 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE set for July 25, 2011, at 10:30 a.m. [FRCP 26(f)] before Judge Percy Anderson. SEE ORDER. (im) (Entered: 06/08/2011)
312011-06-10 ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendants Timothy S. Durham, Lorraine Evanoff, James P. Jimirro, Robert Levy, Duncan Murray, Paul Skjodt, James Toll.(Skelton, Timothy) (Entered: 06/10/2011)
322011-06-16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer of Defendants Timothy S. Durham, Paul Skjodt, Robert Levy, James P. Jimirro, Duncan Murray, James Toll, and Lorraine Evanoff filed 6/10/2011 31 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 06/16/2011)
332011-06-21 Certificate of Interested Parties filed by Defendants Timothy S. Durham, Lorraine Evanoff, James P. Jimirro, Robert Levy, Duncan Murray, Paul Skjodt, James Toll, identifying Liberty Mutual Insurance Company. (Skelton, Timothy) (Entered: 06/21/2011)
342011-06-23 NOTICE of Change of Attorney Information for attorney Jennifer E Laser counsel for Defendant Daniel S. Laikin. Adding Jennifer Laser as attorney as counsel of record for Daniel S. Laikin for the reason indicated in the G-06 Notice. Filed by Defendant Daniel S. Laikin (Laser, Jennifer) (Entered: 06/23/2011)
352011-06-23 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Daniel S. Laikin. Motion set for hearing on 8/1/2011 at 01:30 PM before Judge Percy Anderson. (Laser, Jennifer) (Entered: 06/23/2011)
362011-06-23 NOTICE OF LODGING filed re MOTION to Dismiss Case 35 (Attachments: # 1 Proposed Order)(Laser, Jennifer) (Entered: 06/23/2011)
372011-06-24 NOTICE of Change of Attorney Information for attorney Jennifer E Laser counsel for Defendant Daniel S. Laikin. Adding Stephen Z. Boren as attorney as counsel of record for Daniel S. Laikin for the reason indicated in the G-06 Notice. Filed by defendant Daniel S. Laikin (Laser, Jennifer) (Entered: 06/24/2011)
382011-06-24 NOTICE of Change of Attorney Information for attorney Jennifer E Laser counsel for Defendant Daniel S. Laikin. Adding Jeremy J. Osher as attorney as counsel of record for Daniel S. Laikin for the reason indicated in the G-06 Notice. Filed by defendant Daniel S. Laikin (Laser, Jennifer) (Entered: 06/24/2011)
392011-07-06 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion by Defendant Daniel S. Laikin to Dismiss Plaintiff's Complaint for Violation of the Federal Securities Laws 35 . The following error was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mg) (Entered: 07/06/2011)
402011-07-07 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk Re: Motion to Dismiss by Defendant Laikin filed 6/23/2011 35 . Defendant is directed to file a Certification of Interested Parties. (gk) (Entered: 07/07/2011)
412011-07-07 Certification of Interested Parties filed by defendant Daniel S. Laikin, (Laser, Jennifer) (Entered: 07/07/2011)
422011-07-11 MEMORANDUM in Opposition to MOTION to Dismiss Case 35 filed by Plaintiff Jonah Ansell. (Rosen, Laurence) (Entered: 07/11/2011)
432011-07-11 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 35 filed by Plaintiff Jonah Ansell. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2)(Rosen, Laurence) (Entered: 07/11/2011)
43.1 Declaration
43.2 Exhibit 1
43.3 Exhibit 2
442011-07-11 STIPULATION to Stay Case pending hearing on Defendat's motion to dismiss filed by defendant Daniel S. Laikin. (Attachments: # 1 Proposed Order)(Laser, Jennifer) (Entered: 07/11/2011)
452011-07-12 ORDER by Judge Percy Anderson re: Stipulation 44 : The scheduling conference now set for July 25, 2011 is continued to August 1, 2011 1:30 p.m. The parties shall file the joint report no later than July 25, 2011, following their meet and confer as required by Rule 26. (pso) (Entered: 07/12/2011)
462011-07-18 REPLY MOTION to Dismiss Case 35 filed by Defendant Daniel S. Laikin. (Laser, Jennifer) (Entered: 07/18/2011)
472011-07-26 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 6 days, filed by Plaintiff Jonah Ansell.. (Rosen, Laurence) (Entered: 07/26/2011)
482011-07-26 PROTECTIVE ORDER by Judge Percy Anderson Concerning Confidential Information. (pso) (Entered: 07/27/2011)
492011-07-27 MINUTES - IN CHAMBERS by Judge Percy Anderson: The Court has received the parties' joint 26(f) report and finds that a scheduling conference is not necessary. The scheduling conference currently on calendar for 8/1/2011 at 10:30 AM is hereby vacated, and the matter taken off calendar. In addition to the attached dates, the Court also sets the deadline for Plaintiff to file his motion for class certification as 10/25/2011. The Court shall enter a Protective Order in this action. A copy of the Protective Order will be served on the parties. Pursuant to the agreement of the parties, this matter has been referred to private mediation. The parties have 14 days to select a mediator who has no conflicts and is otherwise available to act as the settlement officer in this matter. Jury Trial set for 7/10/2012 09:00 AM before Judge Percy Anderson. File Final Trial Exhibit Stipulation 7/5/2012. Hearing on Motions in Limine and Hearing on Disputed Jury Instructions at 1:30 PM 7/2/2012. Final Pretrial Conference set for 6/15/2012 01:30 PM before Judge Percy Anderson. Motions in Limine to be filed by 6/15/2012. Proposed Voir Dire Questions & Agreed-to Statement of Case 6/15/2012. Lodge Pretrial Conference Order & Pretrial Exhibit Stipulation 6/1/2012. File Contentions of Fact & Law 6/1/2012. Exhibit List due by 6/1/2012. Witness List due by 6/1/2012. File Status Report Regarding Settlement 6/1/2012. File Agreed Upon Set of Instructions & Verdict Forms and File Joint Statement Regarding Disputed Instructions, Verdicts, etc. 6/1/2012. Last date to conduct settlement conference is 5/14/2012. Last Day for Hearing Motions 5/7/2012. Discovery cut-off 4/30/2012. Amended Pleadings due by 10/24/2011. Court Reporter: Not Reported. (gk) (Entered: 07/27/2011)
502011-07-27 SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson: Establishing a Discovery Cut-off Date of 4/30/2012. Setting Motion Cut-off date of 5/7/2012. Setting Final Pretrial Conference for 6/15/2012 at 1:30 PM. Setting Jury Trial Date of 7/10/2012 at 9:00 AM. (gk) (Entered: 07/28/2011)
512011-07-27 CIVIL TRIAL ORDER by Judge Percy Anderson: This matter is set for trial before the Honorable Percy Anderson. See document regarding the Court's procedures and requirements for civil trials. (gk) (Entered: 07/28/2011)
522011-08-01 MINUTES OF IN CHAMBERS - ORDER by Judge Percy Anderson: Defendant Daniel S. Laikin's Motion to Dismiss 35 is denied. Defendant shall file his answer or other responsive pleading no later than 8/15/2011. Failure to file an answer or other responsive pleading may result in the imposition of sanctions. Court Reporter: Not Reported. (gk) (Entered: 08/01/2011)
532011-08-01 NOTICE of Change of Attorney Information for attorney Laurence M Rosen counsel for Plaintiff Jonah Ansell. Changing Address to 355 South Grand Avenue, Suite 2450, Los Angeles, California 90071. Filed by Plaintiff Jonah Ansell (Rosen, Laurence) (Entered: 08/01/2011)
542011-08-08 NOTICE of Change of Attorney Information for attorney Addison Kehr Adams counsel for Defendant National Lampoon Inc. Adding Addison K. Adams as attorney as counsel of record for National Lampoon for the reason indicated in the G-06 Notice. Filed by Defendant National Lampoon (Adams, Addison) (Entered: 08/08/2011)
552011-08-15 ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Daniel S. Laikin.(Laser, Jennifer) (Entered: 08/15/2011)
562011-09-06 STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Robert Steinberg, Esq. of ADR Services, Inc. may serve as Attorney Settlement Officer for Settlement Proceedings The Plaintiff obtained the consent of the Attorney Settlement Officer. Filed by Plaintiff Jonah Ansell(Rosen, Laurence) (Entered: 09/06/2011)
572011-09-12 NOTICE OF ASSIGNMENT of Attorney Settlement Officer. Robert Steinberg has been assigned to serve as Attorney Settlement Officer. (mb) (Entered: 09/12/2011)
582011-09-14 NOTICE of Change of Attorney Information for attorney William Son Hoang counsel for Defendant National Lampoon Inc.William Son Hoang is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant William Son Hoang (Hoang, William) (Entered: 09/14/2011)
592011-10-19 STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Jonah Ansell. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 10/19/2011)
602011-10-19 DECLARATION re Stipulation for Extension of Time to File 59 filed by Plaintiff Jonah Ansell. (Rosen, Laurence) (Entered: 10/19/2011)
612011-10-20 ORDER by Judge Percy Anderson: Upon Stipulation 59 , IT IS ORDERED that the time for Plaintiffs to move for Class Certification shall be extended to 11/1/2011. The parties will continue to engage in talks necessary to finalize the Agreement-in-Principle and reduce its terms to a Stipulation of Settlement to be submitted to the Court for approval. (gk) (Entered: 10/20/2011)
622011-10-21 MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Court has been advised by counsel that this matter has settled. The parties have ten days from the date of this order or until the next scheduled court appearance, whichever is shorter, to file with the court a dismissal of the action or to appear, in-person or telephonically with their clients, to place the settlement on the record. The parties may contact the deputy clerk of the court to calendar the appearance. If the parties do not dismiss the action or do not place the settlement on the record, the matter will remain on the Court's active trial calendar with all pretrial and trial dates in effect. Court Reporter: Not Reported. (gk) (Entered: 10/21/2011)
632011-11-01 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Jonah Ansell. Motion set for hearing on 12/5/2011 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 11/01/2011)
642011-11-01 MEMORANDUM in Support of MOTION to Certify Class 63 filed by Plaintiff Jonah Ansell. (Rosen, Laurence) (Entered: 11/01/2011)
652011-11-01 DECLARATION of Laurence Rosen in support of MOTION to Certify Class 63 filed by Plaintiff Jonah Ansell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Rosen, Laurence) (Entered: 11/01/2011)
662011-11-14 MEMORANDUM in Opposition to MOTION to Certify Class 63 Memorandum of Points & Authorities filed by Defendant National Lampoon Inc. (Attachments: # 1 Declaration Declaration of Addison Adams in Support of Opposition to Motion for Class Certification, # 2 Exhibit Exhibit A to Declaration of Addison Adams, # 3 Exhibit Exhibit B to Declaration of Addison Adams, # 4 Proposed Order)(Adams, Addison) (Entered: 11/14/2011)
672011-11-15 Joinder in National Lampoon, Inc.'s OPPOSITION to Motion for Class Certification re: MOTION to Certify Class 63 filed by Defendants Timothy S. Durham, Lorraine Evanoff, James P. Jimirro, Robert Levy, Duncan Murray, Paul Skjodt, James Toll. (Skelton, Timothy) (Entered: 11/15/2011)
682011-11-15 Joinder in National Lampoon, Inc.'s OPPOSITION to Motion for Class Certification re: MOTION to Certify Class 63 filed by Defendant Daniel S. Laikin. (Laser, Jennifer) (Entered: 11/15/2011)
692011-11-15 NOTICE of Settlement filed by Defendant National Lampoon Inc. (Attachments: # 1 Exhibit A-Memorandum of Understanding)(Adams, Addison) (Entered: 11/15/2011)
702011-11-16 MINUTES OF IN CHAMBERS - ORDER by Judge Percy Anderson: The Court has been advised by counsel that this matter has settled. The parties have ten days from the date of this order or until the next scheduled court appearance, whichever is shorter, to file with the court a dismissal of the action or to appear, in-person or telephonically with their clients, to place the settlement on the record. The parties may contact the deputy clerk of the court to calendar the appearance. If the parties do not dismiss the action or do not place the settlement on the record, the matter will remain on the Court's active trial calendar with all pretrial and trial dates in effect. Court Reporter: Not Reported. (gk) (Entered: 11/16/2011)
712011-11-23 MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: The Court continues the hearing on plaintiffs Motion to Certify Class (Docket No. 63) from December 5, 2011, to December 19, 2011, at 1:30 p.m. 63 (pso) (Entered: 11/23/2011)
722011-12-13 MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Before the Court is a Motion to Certify the Class filed by Plaintiff Jonah Ansell 63 . Defendants have filed an Opposition. On 11/15/2011, the parties notified the Court of a class settlement. The parties have stated their intention to file a motion for preliminary approval of their class settlement by 12/20/2011. The Court thus will take under submission Plaintiff's Motion and vacate the hearing scheduled for 12/19/2011. Court Reporter: Not Reported. (gk) (Entered: 12/13/2011)
732012-01-05 (IN CHAMBERS)- ORDER by Judge Percy Anderson: On November 15, 2011, parties notified the Court of a class settlement 69 . Parties stated their intention to file a motion for preliminary approval of their class settlement by December 20, 2011. That date has come and gone. Court now orders the parties to file a motion for preliminary approval of their class settlement by January 17, 2012. Failure to file by that date may result in the dismissal of this action without prejudice. (kpa) (Entered: 01/05/2012)
742012-01-17 SETTLEMENT AGREEMENT Stipulation and Agreement of Settlement filed by Plaintiff Jonah Ansell. (Attachments: # 1 Exhibit A, Preliminary Approval Order, # 2 Exhibit A-1, Long Notice, # 3 Exhibit A-2, Summary Notice, # 4 Exhibit A-3, Proof of Claim, # 5 Exhibit B, Proposed Judgment)(Rosen, Laurence) (Entered: 01/17/2012)
752012-01-17 NOTICE OF MOTION AND MOTION for Settlement Approval of LEAD PLAINTIFFS NOTICE OF CONSENTED TO MOTION AND MOTION FOR ENTRY OF ORDER PRELIMINARILY APPROVING SETTLEMENT AND ESTABLISHING NOTICE PROCEDURES filed by Plaintiff Jonah Ansell. Motion set for hearing on 2/27/2012 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 01/17/2012)
762012-01-17 MEMORANDUM in Support of MOTION for Settlement Approval of LEAD PLAINTIFFS NOTICE OF CONSENTED TO MOTION AND MOTION FOR ENTRY OF ORDER PRELIMINARILY APPROVING SETTLEMENT AND ESTABLISHING NOTICE PROCEDURES 75 filed by Plaintiff Jonah Ansell. (Rosen, Laurence) (Entered: 01/17/2012)
772012-01-19 MINUTES OF IN CHAMBERS - ORDER by Judge Percy Anderson: The parties have settled, and the Court is in receipt of the parties' Motion for Settlement Approval and Entry of Order Preliminarily Approving Settlement and Establishing Notice Procedures. The Court thus denies without prejudice the Plaintiff's Motion to Certify Class 63 as moot. Court Reporter: Not Reported. (gk) (Entered: 01/20/2012)
782012-01-24 MEDIATION REPORT Filed by Mediator (ADR Panel) Robert A Steinberg: Mediation held on October 6, 2011 and the case has been partially resolved. With the filing of this Report, the parties are advised that they must file a joint stipulation regarding those claims which have been resolved. The following issues remain for this Court to resolve: Further facilitated discussion are not expected.(mb) (Entered: 01/24/2012)
792012-02-15 MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Plaintiff Jonah Ansell's Motion for Entry of Order Preliminarily Approving Settlement and Establishing Notice Procedures ("Motion for Preliminary Approval") 75 does not address the merits of class certification, nor does it explicitly move for class certification. The Court is particularly concerned about the propriety of certification of the proposed class given Defendants' earlier arguments regarding the typicality of the Lead Plaintiffs' claims. Thus, the Court orders the parties to file supplemental briefing addressing the merits of class certification under Federal Rule of Civil Procedure 23. Plaintiff's briefing shall be filed no later than 2/23/2012. Defendants' supplemental response to this Order, if any, shall be filed no later than 2/29/2012. The Court hereby continues the hearing on Plaintiff's Motion for Preliminary Approval until 3/12/2012 at 01:30 PM before Judge Percy Anderson. Court Reporter: Not Reported. (gk) (Entered: 02/16/2012)
802012-02-23 MEMORANDUM in Support of MOTION for Settlement Approval of LEAD PLAINTIFFS NOTICE OF CONSENTED TO MOTION AND MOTION FOR ENTRY OF ORDER PRELIMINARILY APPROVING SETTLEMENT AND ESTABLISHING NOTICE PROCEDURES 75 Supplemental Memorandum filed by Plaintiff Jonah Ansell. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 02/23/2012)
812012-02-23 NOTICE OF ERRATA filed by Plaintiff Jonah Ansell. correcting Memorandum in Support of Motion, 80 Corrected Exhibit A- proposed order (Rosen, Laurence) (Entered: 02/23/2012)
822012-02-28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Corrected Proposed Order Preliminarily Approving Settlement and Providing for Notice 81 . The following error was found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to a Notice of Errata or a Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (smom) (Entered: 02/28/2012)
832012-02-29 NOTICE OF NON-OPPOSITION to MOTION for Settlement Approval of LEAD PLAINTIFFS NOTICE OF CONSENTED TO MOTION AND MOTION FOR ENTRY OF ORDER PRELIMINARILY APPROVING SETTLEMENT AND ESTABLISHING NOTICE PROCEDURES 75 filed by Defendant National Lampoon Inc. (Adams, Addison) (Entered: 02/29/2012)
842012-03-12 MINUTES OF Motion Hearing held before Judge Percy Anderson: Lead Plaintiffs' Motion for Preliminary Approval of Class Action Settlement 75 is granted. The fairness hearing for final approval of the proposed Settlement Agreement is set for 6/18/2012 at 1:30 PM in this Court. A motion for final approval of the Settlement Agreement, as well as any motion for attorney's fees and costs, shall be filed on or before 5/21/2012. Any Class Member who wishes to object to the proposed Settlement Agreement must do so in writing. The deadline for filing and service of written objections and/or notices of intent to appear at the fairness hearing is 5/29/2012. The deadline for Lead Plaintiffs and/or Defendants to file any written response to Class Member's objections is 6/6/2012. Lead Plaintiffs' counsel must submit any Class Member's written objections to the Court by 5/29/2012. Court Reporter: Rosalyn Adams. (gk) (Entered: 03/13/2012)
852012-03-12 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE by Judge Percy Anderson: Upon Lead Plaintiffs' Motion for Preliminary Approval of Class Action Settlement 75 , IT IS HEREBY ORDERED that: Pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure and for the purposes of the Settlement only, the Litigation is hereby preliminarily certified as a class action on behalf of all persons who purchased or otherwise acquired any common stock of National Lampoon, Inc. during the period from 3/1/2008 through 12/15/2008, inclusive, and were allegedly damaged thereby. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, preliminarily and for the purposes of Settlement only, Lead Plaintiffs Jonah Ansell, Joseph Isaacs and Michael Raspatello are certified as the class representatives on behalf of the Class, and the Lead Plaintiffs' Counsel previously selected by Lead Plaintiffs and appointed by the Court are hereby appointed as Lead Counsel for the Class. A hearing (the "Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e) is hereby scheduled to be held before the Court on 6/18/2012 at 1:30 PM. Papers in support of the Settlement, the Plan of Allocation, and any application for attorneys' fees or expenses shall be filed and served no later than 5/21/2012. Reply papers in support of the Settlement, the Plan of Allocation, and any application for attorneys' fees or expenses shall be filed and served no later than 6/6/2012. The Court will consider comments and/or objections to the Settlement, the Plan of Allocation, or the award of attorneys' fees and reimbursement of expenses only if such comments or objections and any supporting papers are served no later than 5/29/2012. See document for details. (gk) (Entered: 03/13/2012)
862012-05-21 NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation Plaintiffs Notice of Motion and Motion in Support of Final Approval of Class Action Settlement and Plan of Allocation filed by Plaintiff Jonah Ansell. Motion set for hearing on 6/18/2012 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 05/21/2012)
872012-05-21 MEMORANDUM in Support of MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation Plaintiffs Notice of Motion and Motion in Support of Final Approval of Class Action Settlement and Plan of Allocation 86 Memorandum of Points and Authorities in Support of Final Approval of Class Action Settlement and Plan of Allocation filed by Plaintiff Jonah Ansell. (Rosen, Laurence) (Entered: 05/21/2012)
882012-05-21 DECLARATION of Laurence Rosen In Support Of MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation Plaintiffs Notice of Motion and Motion in Support of Final Approval of Class Action Settlement and Plan of Allocation 86 Declaration of Laurence Rosen in Support of Plaintiffs' Motions for Final Approval of Class Action Settlement and Plan of Allocation, and Award of Attorneys' Fees, Awards to Lead Plaintiffs, and Reimbursement of Expenses filed by Plaintiff Jonah Ansell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rosen, Laurence) (Entered: 05/21/2012)
892012-05-21 NOTICE OF MOTION AND MOTION for Attorney Fees Plaintiffs' Notice of Motion and Motion for an Award of Attorneys' Fees, Awards to Lead Plaintiffs, and Reimbursement of Expenses filed by Plaintiff Jonah Ansell. Motion set for hearing on 6/18/2012 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 05/21/2012)
902012-05-21 MEMORANDUM in Support of MOTION for Attorney Fees Plaintiffs' Notice of Motion and Motion for an Award of Attorneys' Fees, Awards to Lead Plaintiffs, and Reimbursement of Expenses 89 Memorandum of Points and Authorities in Support of an Award of Attorneys' Fees, Awards to Lead Plaintiffs, and Reimbursement of Expenses filed by Plaintiff Jonah Ansell. (Rosen, Laurence) (Entered: 05/21/2012)
912012-05-29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiffs' Notice of Motion and Motion in Support of Final Approval of Class Action Settlement and Plan of Allocation filed 5/21/2012 86 . The following error(s) was found: Lacking statement re conference of counsel, pursuant to Local Rule 7-3. The separately attached proposed order lacks at least two lines of text on the page that has the line provided for the signature of the judge, Local Rule 58-10. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 05/29/2012)
922012-05-29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiffs' Notice of Motion and Motion for an Award of Attorneys' Fees, Award to Lead Plaintiffs, and Reimbursement of Expenses filed 5/21/2012 89 . The following error(s) was found: Lacking statement re conference of counsel, pursuant to Local Rule 7-3. The separately attached proposed order lacks at least two lines of text on the page that has the line provided for the signature of the judge, Local Rule 58-10. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 05/29/2012)
932012-06-06 NOTICE OF NON-OPPOSITION to MOTION for Attorney Fees Plaintiffs' Notice of Motion and Motion for an Award of Attorneys' Fees, Awards to Lead Plaintiffs, and Reimbursement of Expenses 89 , MOTION for Settlement Approval of Class Action Settlement and Plan of Allocation Plaintiffs Notice of Motion and Motion in Support of Final Approval of Class Action Settlement and Plan of Allocation 86 filed by Plaintiff Jonah Ansell. (Attachments: # 1 Exhibit 1)(Rosen, Laurence) (Entered: 06/06/2012)
942012-06-18 MINUTES OF Motion Hearing held before Judge Percy Anderson RE: Plaintiff's Motion for Final Approval of Class Action Settlement and Plan of Allocation 86 and Plaintiff's Motion for Attorneys' Fees 89 . Court and counsel confer. Plaintiff's Motion for Final Approval of Class Action Settlement and Plan of Allocation is granted. By 6/25/2012, Plaintiff is ordered to file further documentation re costs and expenses. Court Reporter: Leandra Amber. (gk) (Entered: 06/20/2012)
952012-06-25 DECLARATION of Laurence Rosen in support of MOTION for Attorney Fees Plaintiffs' Notice of Motion and Motion for an Award of Attorneys' Fees, Awards to Lead Plaintiffs, and Reimbursement of Expenses 89 Supplemental Declaration of Laurence Rosen filed by Plaintiff Jonah Ansell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rosen, Laurence) (Entered: 06/25/2012)
962012-07-11 MINUTES ORDER re MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT 86 , 89 by Judge Percy Anderson. The Court finds that the settlement agreements are fundamentally fair, adequate, and reasonable. The Court therefore grants Plaintiffs' Motion for Final Approval of Class Action Settlement. The Court also grants Plaintiffs' Motion for Attorneys' Fees and awards $250,000.00 in fees to Plaintiffs' counsel to be paid from the settlement fund. The Court allows Plaintiffs' counsel to recover $27,179.73 in litigation expenses and costs. (lom) (Entered: 07/13/2012)
972013-02-06 NOTICE OF MOTION AND MOTION for Disbursement of Funds FOR DISTRIBUTION OF CLASS SETTLEMENT FUNDS filed by Plaintiff Jonah Ansell. Motion set for hearing on 3/4/2013 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order Proposed Order)(Rosen, Laurence) (Entered: 02/06/2013)
982013-02-06 DECLARATION of Laurence Rosen in support of MOTION for Disbursement of Funds FOR DISTRIBUTION OF CLASS SETTLEMENT FUNDS 97 filed by Plaintiff Jonah Ansell. (Rosen, Laurence) (Entered: 02/06/2013)
992013-02-22 NOTICE OF NON-OPPOSITION to MOTION for Disbursement of Funds FOR DISTRIBUTION OF CLASS SETTLEMENT FUNDS 97 filed by Plaintiff Jonah Ansell. (Rosen, Laurence) (Entered: 02/22/2013)
1002013-02-22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion for Distribution of Class Settlement Funds filed 2/6/2013 97 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Hearing date of 3/4/2013 is untimely pursuant to Local Rule 6-1. Lacking statement re conference of counsel, pursuant to Local Rule 7-3. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 02/22/2013)
1012013-02-27 APPLICATION for Hearing TO APPEAR TELEPHONICALLY AT MARCH 4, 2013 HEARING ON MOTION FOR DISTRIBUTION OF CLASS SETTLEMENT FUNDS, re MOTION for Disbursement of Funds FOR DISTRIBUTION OF CLASS SETTLEMENT FUNDS 97 , filed by Plaintiff Jonah Ansell. Application set for hearing on 3/4/2015 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order)(Rosen, Laurence) (Entered: 02/27/2013)
1022013-02-28 ORDER GRANTING LEAVE TO APPEAR TELEPHONICALLY AT 3/4/2013 HEARING ON PLAINTIFFS' MOTION FOR DISTRIBUTION OF CLASS SETTLEMENT FUNDS by Judge Percy Anderson: Upon Plaintiff's Request for Leave to Appear Telephonically at the 3/4/2013 Hearing on the Motion For Distribution of Class Settlement Funds 101 , IT IS HEREBY ORDERED that Laurence M. Rosen, lead trial counsel for Jonah Ansell, may appear telephonically at the March 4 hearing if a hearing is necessary. (gk) (Entered: 02/28/2013)
1032013-05-16 ORDER FOR DISTRIBUTION OF CLASS SETTLEMENT FUNDS by Judge Percy Anderson. IT IS HEREBY ORDERED THAT: The funds that are currently in the Net Settlement Fund (less any necessary amounts to be withheld for payment of potential tax liabilities and related fees and expenses) shall be distributed on a pro rata baisis to the Authorized Claimants identified in Exhibits B-1 to the Affidavit of Paul Mulholland CPA, CVA Concerning Administrative Procedures Performed to Process and the Results Thereof ("Mulholland Affidavit"), at the direction of Lead Plaintiffs' Counsel, The Rosen Law Firm P.A., pursuant to the Stipulation and Agreement of Settlement dated January 17, 2012 (the "Stipulation") and the Plan of Allocation set forth in the Notice of Pendency and Proposed Settlement of Class Action that was distributed pursuant to this Court's prior Order. Any person asserting any rejected or subsequently filed claims are finally and forever barred from the date of this Order. (bp) (Entered: 05/17/2013)