§Why CasetextPricing

Buettgen v. Harless et al

MOTION to Alter Judgment Appointing Kentucky State District Council of Carpenters Pension Trust Fund as Lead Plaintiff

12 Cited authorities

  1. In re Cendant Corp. Litigation

    264 F.3d 201 (3d Cir. 2001)   Cited 718 times
    Holding that the PSLRA is clear that "the power to `select and retain' lead counsel belongs . . . to the lead plaintiff, and the court's role is confined to deciding whether to `approve' that choice" and that should the court disagree with the lead plaintiffs choice "it should clearly state why . . . and should direct the lead plaintiff to undertake an acceptable selection process"

  2. Shepherd v. International Paper Co.

    372 F.3d 326 (5th Cir. 2004)   Cited 414 times
    Vacating district court's grant of Rule 60(b) motion when case is on appeal

  3. In re Cavanaugh

    306 F.3d 726 (9th Cir. 2002)   Cited 350 times
    Holding that that options traders can satisfy the typicality requirement and serve as a lead plaintiff

  4. In re Benjamin Moore Co.

    318 F.3d 626 (5th Cir. 2002)   Cited 308 times
    Holding that Rule 59(e) allows reconsideration when there are an intervening change in controlling law; the availability of new evidence not previously available; the need to correct a clear error of law or prevent manifest injustice

  5. St. Paul Mercury Ins. v. Fair Grounds Corp.

    123 F.3d 336 (5th Cir. 1997)   Cited 295 times
    Holding that jockey equipment permissibly left at a racetrack was not in the "care, custody, or control" of the racetrack

  6. In re Donnkenny Inc. Securities Litigation

    171 F.R.D. 156 (S.D.N.Y. 1997)   Cited 117 times
    Holding that an options trader who purchased both options and common stock was an adequate lead plaintiff

  7. In re Advanced Tissue Sciences Securities Litigation

    184 F.R.D. 346 (S.D. Cal. 1998)   Cited 42 times
    Denying appointment to group of 250 unrelated investors

  8. A.F.I.K. Holding SPRL v. Fass

    216 F.R.D. 567 (D.N.J. 2003)   Cited 30 times
    Explaining that direct and personal contacts with corporate insiders is generally not a disqualifying unique defense "in the absence of evidence that the named plaintiff received non-public information from a corporate officer"

  9. Thakkar v. Balasuriya

    CIVIL ACTION NO. H-09-0841 (S.D. Tex. Sep. 9, 2009)

    CIVIL ACTION NO. H-09-0841. September 9, 2009 MEMORANDUM OPINION AND ORDER SIM LAKE III, District Judge Plaintiff, Nimesh R. Thakkar, brings this action against defendants, Gimhana K. Balasuriya, Theres M. Lowe, and Balasuriya Brothers, Inc. d/b/a GM Video d/b/a ABC Video, to collect unpaid overtime wages pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b). Pending before the court is Defendants' Motion for Reconsideration of Order Denying Summary Judgment on the Basis of Res Judicata

  10. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 49,437 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  11. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,963 times   67 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

  12. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,538 times   51 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party