In Re Rhythms Securities Litigation

Filing 290

MINUTE ORDER denying 158 Defendants' Motion to Exclude Expert Opinion of Scott D. Hakala; denying 164 Defendants' Motion for Summary Judgment; denying 166 Defendants' Motion to Exclude Expert Opinions of James A. Martens; denying 195 Plaintiff Brown's Motion to Exclude Expert Opinions of Matthew E. Davis; denying 226 Defendants' Motion to Strike Testimony of Dana Dewire and for Sanctions; denying 269 Defendants' Motion to Strike/to File Supplemental Brief re Summary Judgment, by Judge John L. Kane on 03/31/09.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 02-cv-35-JLK (consolidated with 02-K-46, 02-K-64, 02-K-78, 02-K-137, 02-K145, 02-K-146, 02-K-152, 02-K-161, 02-K-168, 02-K-304, and 02-K-351) IN RE RHYTHMS SECURITIES LITIGATION This document relates to: all actions MINUTE ORDER Judge John L. Kane ORDERS Given the settlement, in principle, of these consolidated securities fraud class actions and the approaching Settlement Fairness hearing, a modicum of housekeeping is in order to clear out some of the Motions pending before settlement was reached. Accordingly, the following Motions are DENIED, without prejudice to their being refiled, if necessary, at a later date: · · · · · · Defendants' Motion to Exclude Expert Opinion of Scott D. Hakala (Doc. 158); Defendants' Motion for Summary Judgment (Doc. 164); Defendants' Motion to Exclude Expert Opinions of James A. Martens (Doc. 166); Plaintiff Brown's Motion to Exclude Expert Opinions of Matthew E. Davis (Doc. 195); Defendants' Motion to Strike Testimony of Dana Dewire and for Sanctions (Doc. 226); and Defendants' Motion to Strike/to file Supplemental Brief re Summary Judgment (Doc. 269).

Thus the only remaining pending Motions in this case at the time of Friday's Settlement Fairness Hearing will be the Motion for Final Approval of Settlement and Settlement Allocation Plan (Doc. 278); the Motion for Attorney Fees and Reimbursement (Doc. 283); and the disputed Motion of Lead Counsel for Costs Pursuant to 15 U.S.C. § 78(u)-4(a)(4) (Doc. 286). _______________________ Dated: March 31, 2009