General Docket US Court of Appeals for the Second Circuit Second Circuit Court of Appeals

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1 US District Court of Appeals Docket as of 07/28/2005 Retrieved from the court on Wednesday, October 11, 2006 General Docket US Court of Appeals for the Second Circuit Second Circuit Court of Appeals Court of Appeals Docket #: cv Nsuit: 3850 STATUTES-Secur Comm Exchange Starr v. Georgeson Sharehold Filed: 12/2/03 Appeal from: SDNY (NEW YORK CITY) Case type information: Civil Private None Lower court information: District: 02-cv-8921 Trial Judge Louis L. Stanton MagJudge: Date Filed: 11/08/02 Date 10/24/2003 order/judgement: Date NOA filed: 11/24/2003 Fee status:paid Panel Assignment: Panel: WF RKW SS 40 Foley Sq. Rm 170 Date of decision 6/15/05 Prior cases: NONE Current cases: NONE Page: 1 Official Caption 1/ Docket No.:

2 ALLAN H. STARR, as executor of the estate of Elizabeth (Betty) Sampson, individually and on behalf of all others similarly situated., Plaintiff-Appellant, v. GEORGESON SHAREHOLDER, INC., GEORGESON SHAREHOLDER COMMUNICATIONS, INC., GEORGESON SHAREHOLDER SECURITIES CORPORATION and VODAFONE GROUP, PLC, Page: 2 Defendant-Appellees Page: 3 Page: 4 Lila T. Gavin Clinton A. Krislov Esq. Movant [ LD ret ] Krislov & Associates, Ltd. 20 N. Wacker Dr. Chicago, IL, Georgeson Sharehold Eli R. Mattioli Esq. Defendant-Appellee [ LD ret ] Thelen Reid & Priest LLP 875 3rd Ave. New York, NY, Georgeson Shareholde Eli R. Mattioli Esq.(See above) Defendant-Appellee [ LD ret ]

3 Vodafone Group, PLC Eli R. Mattioli Esq.(See above) Defendant-Appellee [ LD ret ] Allan H. Starr Linda P. Nussbaum Esq. Plaintiff-Appellant [ ret ] Cohen, Milstein, Hausfeld, & Toll 150 E. 52nd St. New York, NY, Allan H. Starr Peter R. Kahana Esq. Page: 5 Plaintiff-Appellant [ ret ] Berger & Montague P.C Locust St. Philadelphia, PA, Vodafone Group, PLC Stephanie G. Wheeler Esq. Defendant-Appellee [ ret ] Sullivan & Cromwell LLP 125 Broad St. New York, NY, Georgeson Sharehold Theodore Edelman Esq. Defendant-Appellee [ ret ] Sullivan & Cromwell LLP 125 Broad St. New York, NY, Georgeson Shareholde Theodore Edelman Esq.(See above) Defendant-Appellee [ ret ] Vodafone Group, PLC Theodore Edelman Esq.(See above) Defendant-Appellee [ ret ] Page: 6 12/2/03 Copy of notice of appeal and district court docket entries on behalf of Appellant Allan H. Starr, filed. [ ] Form C due on 12/10/03. Form D due on 12/10/03. [DT] 12/2/03 Copy of receipt re: payment of docketing fee filed on behalf of Appellant Allan H. Starr, receipt #: E [ ] [DT]

4 12/2/03 Copy of district court Opinion and Order dated 10/10/03, endorsed by Hon. Louis L. Stanton, USDJ, RECEIVED. [ ] [DT] 12/2/03 Copy of district court Judgment dated 10/24/03, RECEIVED. [ ] [DT] 12/3/03 Appellant Allan H. Starr Form C filed, with proof of service. [ ] Form C deadline satisfied. [DT] 12/3/03 Appellant Allan H. Starr Form D filed, with proof of service. [ ] Form D deadline satisfied. [DT] 12/24/03 Notice of appeal acknowledgment letter from Stephanie G. Wheeler, Esq. for Appellee Vodafone Group, PLC, received. [DT] 12/24/03 Notice of appearance form on behalf of Theodore Edelman, Esq., filed. (Orig in acco, copy to Calendar) [DT] 12/30/03 Notice of appeal acknowledgment letter from Peter R. Kahana for Appellant Allan H. Starr received. [DT] Page: 7 1/8/04 Notice of appearance form on behalf of Eli R. Mattioli, Esq., filed. (Orig in acco, copy to Calendar) 2/4/04 Scheduling order #1 filed. Record on appeal due 3/5/2004. Appellants brief due 3/12/2004. Appellees brief due 4/12/2004. Ready week 5/24/2004. (FS) 2/4/04 Pre Argument Notice and Order by Frank Scardilli, filed. Scheduled for February 20, 2004 at 10:30 A.M. 2/18/04 Letter dated 2/17/04, received. re: Counsel for the Appellee Vodafone Group PLC. writes to inform the Court of the dates he will be unavailable for oral argument. 2/20/04 First pre-argument conference held by LG. [DP] 2/20/04 Scheduling order #2 filed. Record on appeal due 4/5/2004. Appellants brief due 4/12/2004. Appellees brief due 5/12/2004. Ready week 7/12/2004. (LG) 2/20/04 Notice to counsel re: Scheduling Order #2

5 filed on 02/20/04. 2/20/04 Non-Party Lila Garvin through moving attorney Clinton A. Krislov's defective Motion to dismiss and remand the appeal, filed. Notice sent to party to correct by March 2, Problem: Counsel needs to file a Motion for Ms. Garvin to become a party to the appeal. 3/4/04 Scheduling order #3 filed. Record on appeal due 4/1/2004. Appellants brief due 4/8/2004. Appellees brief due 5/10/2004. Ready week Page: 8 6/21/2004. [JC] 3/4/04 Pre-Argument Notice and Order from Stanley A. Bass Filed. Scheduled For: Thurs. March 18, 2004 at 10:30am. [JC] 3/8/04 Letter dated 03/04/04, endorsed by Robert J. Saville, received. re: Counsel for Appellees Shareholder Communications, Inc. and Georgeson Shareholder Securities Corporation write to inform the Court that there is no entity called Georgeson Shareholder, Inc. and the dates he will be unavailable for oral argument. 3/9/04 Letter dated 03/02/04, endorsed by Peter R. Kahana, received. RE: Counsel for the Apellant Allan H. Starr writes to notify the Court the dated he will be unavailable for oral argument. 3/10/04 Letter dated 3/09/04, received. RE: Counsel for the Appellee Vodafone Group PLC. writes to inform the Court of the dates he will be unavailable for oral argument. 3/25/04 APPELLANT Allan Starr, Record on appeal index in lieu of record filed. 4/12/04 APPELLANT Allan Starr, defective Appellant`s Brief and Joint Appendix, filed. Notice sent to party to correct by April 20, Problem: Counsel needs to submit a Special Appendix. 4/12/04 Non-Part Lila T. Garvin's motion to Intervene, received. Problem: Motion was defected on and sent to party to correct by , counsel needs to file a Motion to file this Motion out of time.

6 Page: 9 4/12/04 APPELLANT Allan Starr, brief FILED with proof of service. 4/12/04 APPELLANT Allan Starr, joint appendix filed w/pfs. 4/12/04 Appellant APPELLANT Allan Starr, special appendix filed(w/pfs) 4/14/04 Ordered that Non-Party Lila T. Gavin said defective document ( Motion to dismiss and remand the appeal) is sticken from the docket as though never filed. (AH) Note: Counsel had until to send in a Motion to become a party to the appeal. 4/16/04 APPELLANT Allan Starr, defective Appellant's Brief and Joint Appendix, cured. 4/19/04 Notice to counsel re: Strike Order filed on /19/04 Motion for leave to intervene, for amicus status or to suggest dismissal for lack of federal jurisdiction, returned to MOVANT Lila Gavin. 4/20/04 APPELLANT Allan Starr, defective Appellant's Brief and Appendix, cured. 4/22/04 Movant Lila Gavin motion to intervene/become party (B) for Amicus Curiae Status or (C) to suggest dismissal for lack of subject matter jurisdiction, filed with proof of service. 5/7/04 Appellee Georgeson Shareholder's Memorandum of Law, in opposition to motion intervene/become party filed with proof of Page: 10 service. 5/7/04 Memorandum of Law of Appellee Vodafone Group, PLC, in opposition to motion to intervene/become party filed with proof of service.

7 5/7/04 Declaration of Eli R. Mattioli, in opposition to motion intervene/become party filed with proof of service. 5/12/04 APPELLEE Vodafone Group, PLC, brief filed with proof of service. 5/12/04 Order FILED DENYING motion intervene/become party for amicus curiae status for to suggest dismissal for lack of federal subject matter jurisdiction, by Movant Lila Gavin, endorsed on motion dated 4/22/2004. Before: Hon. Rosemary S. Pooler, Circuit Judge, endorsed by Arthur M. Heller, Motions Staff Attorney. 5/13/04 Notice to counsel re: Motion Order filed on /26/04 APPELLANT Allan Starr, reply brief filed with proof of service. [SG] 5/28/04 Letter dated , endorsed by Irena S. Brobston, received. RE: Counsel writes to confirm that their Brief was filed and the Defective Notice was sent to them in error. 6/3/04 Letter dated , endorsed by Stephanie G. Wheeler, received. RE: Counsel for the Appellee Vodafone Group writes to notify the Court of the dates he will be unavailable for oral argument. Page: 11 6/14/04 APPELLEE Vodafone Group, PLC, disclosure letter pursuant to FRAP Rule 26., RECEIVED. 6/18/04 Letter dated , endorsed by Stephanie G. Wheeler, received. RE: Counsel for Appellee Vodafone Group writes to notify the Court that Vodafone is not a party to appeals no cv and cv. Counsel also writes to set forth their position as to whether the appeal in the Vodafone Action should be consolidated with or heard on the same date as the appeals in AT&T/Gavin Actions. Counsel submits that consolidation is inappropriate, however they would not object to having the appeals heard by the same panel. (see letter) 6/24/04 Ordered that the following appeals cv

8 (L) and cv be heard in tandem. (see scheduling order #2 filed on June 24, 2004) 8/26/04 Letter dated , endorsed by Stephanie Wheeler, received. RE: Counsel for the Appellee Vodafone Group writes to notify the Court that cv and cv, should be heard in tandem. cc: Cal. 9/15/04 Letter dated , endorsed by Stephanie G. Wheeler, received. RE: Counsel for the Appellee Vodafone Group writes to notify the Court of the dates counsel will be unavailable for oral argument. 9/30/04 Proposed for argument the week of 12/13/04 B [CA] 10/8/04 APPELLANT Allan Starr, 28(J) letter received. Page: 12 10/12/04 Letter dated , endorsed by Stephanie Wheeler, received. RE: Counsel for the Appellee Vodafone Group writes to notify the Court of the dates she will be unavailable for oral argument. 10/12/04 **ORIGINAL**Argument as early as week of 6/21/04. [JC] 10/18/04 Proposed for argument the week of 01/03/05 [CA] 10/22/04 Letter dated , endorsed by Stephanie Wheeler, received. RE: Counsel for the Appellee Vodafone Group writes in response to the Appellant`s letter of submitting an amicus brief filed by United States Securities and Exchange Commission. (please see letter) 10/29/04 Set for argument on January 3, [JC] 12/1/04 Letter dated , endorsed by Robert J. Saville, received. RE: Counsel for the appellees Georgeson Shareholder Communications Inc. and Georgeson Shareholder Securities Corp. writes to request that the Court hear both appeals in tandem. (please see letter) 12/30/04 APPELLANT Allan Starr, defective Motion to Supplement the Record, filed. Notice sent to

9 party to correct by { Problem: missing affidavit in support of the motion and three copies of the T-1080, memorandum of law in support and the proposed supplemental record}. 12/30/04 Peter R. Kahana, Esq. (defective) motion for admittance pro hac vice, received. {Problem: missing affidavit in support and the case is already heard) Page: 13 12/30/04 Memorandum of Law in support of the motion supplement record on appeal, filed with proof of service. 12/30/04 Appellant Allan Starr motion to supplement record on appeal, filed with proof of service. 12/30/04 Proposed Supplemental record on appeal, received. 1/3/05 Case heard before FEINBERG, WINTER, SOTOMAYOR, C.JJ CD DATE: 1/3/05 [RD] 1/3/05 Motion/papers sent to the panel/hon. 1/4/05 APPELLANT Allan Starr, defective Motion to supplement the record, cured. 1/7/05 Appellees opposition to motion supplement record on appeal, filed with proof of service. 1/10/05 Notice to counsel re: Motion Order filed on /10/05 Order FILED DENYING motion supplement record on appeal by Appellant Allan Starr, endorsed on motion dated Before: Hon. Sonia Sotomayor. (TY) 6/15/05 Judgment of the district court is AFFIRMED by published signed opinion, filed. (WF) 6/15/05 Judgment filed. Page: 14

10 6/15/05 Notice to counsel re: Opinion filed on /28/05 APPELLEE Vodafone Group, PLC, itemized and verified bill of costs received, w/pfs. 6/29/05 Note: The OPINION PRICE is $3.00 [KB] 6/29/05 APPELLEES Georgeson Shareholder Communications Inc., and Georgeson Shareholder Securites Corporation, itemized and verified bill of costs received, w/pfs. 7/7/05 Judgment MANDATE ISSUED. 7/7/05 Notice to counsel re: Mandate Issued. 7/25/05 APPELLEE Vodafone Group, PLC, statement of costs taxed in the amount of $ , filed. (TY) 7/25/05 Certified copy of the statement of costs filed on , issued to the district court. 7/25/05 Notice to counsel re: Statement of Costs filed on /25/05 Appellees Georgeson Shareholder Communications Inc., statement of costs taxed in the amount of $ , filed. (AH) 7/25/05 Certified copy of the statement of costs filed on , issued to the district court. Page: 15 7/25/05 Notice to counsel re: Statement of Costs filed on /28/05 Acco received in records room from team. Number of volumes:1 [AJ] 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 one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at

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