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Microcap & Penny Stocks : HITSGALORE.COM (HITT) -- Ignore unavailable to you. Want to Upgrade?


To: Q. who wrote (5344)4/12/2000 7:58:00 AM
From: Q.  Respond to of 7056
 
Docket as of April 3, 2000 7:18 pm Page 1

Proceedings include all events. TERMED LEADTR
2:99cv5060 Thomas S O'Malley, et al v. Hitsgalore.Com Inc, et al APPEAL (JWJx)

TERMED LEADTR
APPEAL (JWJx)
U.S. District Court
Central District of California (Western Div.)

CIVIL DOCKET FOR CASE #: 99-CV-5060

Thomas S O'Malley, et al v. Hitsgalore.Com Inc, et al Filed: 05/13/99
Assigned to: Judge Manuel L. Real Jury demand: Both
Referred to: Discovery Jeffrey W. Johnson
Demand: $0,000 Nature of Suit: 850
Lead Docket: None Jurisdiction: Federal Question
Dkt# in other court: None

Cause: 15:78m(a) Securities Exchange Act

THOMAS S O'MALLEY, on behalf Henry H Rossbacher
of himself & all others FAX 213-895-6161
similarly situated [COR LD NTC]
plaintiff Rossbacher & Associates
444 South Flower St
Suite 2100
Los Angeles, CA 90071-2922
213-895-6500

Andrew Barroway
FAX 610-667-7056
[COR LD NTC]
Schiffrin & Barroway
3 Bala Plaza E
Ste 400
Bala Cynwyd, PA 19004
610-667-7706

v.

HITSGALORE.COM INC Michael R White
defendant FAX 310-843-9064
[COR LD NTC]
White & Reed
2029 Century Park E
Ste 2050
Los Angeles, CA 90067
310-843-9065

Daniel J Becka
[COR LD NTC]
Schoeppl & Burke
4800 N Federal Hwy
Ste 210-A

Docket as of April 3, 2000 7:18 pm Page 2

Proceedings include all events. TERMED LEADTR
2:99cv5060 Thomas S O'Malley, et al v. Hitsgalore.Com Inc, et al APPEAL (JWJx)

Boca Raton, FL 33431-5176
561-394-5176

STEVE BRADFORD Michael R White
defendant (See above)
[COR LD NTC]
James S Reed
FAX 310-843-9064
[COR LD NTC]
White & Reed
2029 Century Park E
Ste 2050
Los Angeles, CA 90067
310-843-9065

Daniel J Becka
(See above)
[COR LD NTC]

DORIAN REED Michael R White
defendant (See above)
[COR LD NTC]
James S Reed
(See above)
[COR LD NTC]

Daniel J Becka
(See above)
[COR LD NTC]

========================

ROBERT BICKFORD, Lead Kevin J Yourman
plaintiff FAX 310-209-2348
plaintiff [COR LD NTC]
Elizabeth Pei Lin
[COR LD NTC]
Weiss & Yourman
10940 Wilshire Blvd
24th Fl
Los Angeles, CA 90024
310-208-2800

JOHN GILPIN Kevin J Yourman
plaintiff (See above)
[COR LD NTC]
Elizabeth Pei Lin
(See above)
[COR LD NTC]

Docket as of April 3, 2000 7:18 pm Page 3

Proceedings include all events. TERMED LEADTR
2:99cv5060 Thomas S O'Malley, et al v. Hitsgalore.Com Inc, et al APPEAL (JWJx)

Docket as of April 3, 2000 7:18 pm Page 4

Proceedings include all events. TERMED LEADTR
2:99cv5060 Thomas S O'Malley, et al v. Hitsgalore.Com Inc, et al APPEAL (JWJx)

5/13/99 1 COMPLAINT filed Summons(es) Issued referred to Discovery
Jeffrey W. Johnson (bg) [Entry date 05/14/99]
[2:99cv5060]

6/8/99 2 Decl of service of S/C executed upon defendant Dorian Reed
on 5/27/99 personally. (tw) [Entry date 06/09/99]
[2:99cv5060]

6/8/99 2 Decl of service of S/C executed upon defendant Steve
Bradford on 6/3/99 personally. (tw) [Entry date 06/09/99]
[2:99cv5060]

6/8/99 2 NOTICE AND ACKNOWLEDGEMENT of receipt of summons and
complaint by defendant Hitsgalore.Com Inc. c/o Laughlin
Associates on 5/26/99 signed by (unknown) on 5/26/99. (tw)
[Entry date 06/09/99] [2:99cv5060]

6/25/99 3 NOTICE AND ACKNOWLEDGEMENT of receipt of summons and
complaint by defendant Hitsgalore.Com Inc on 6/8/99 signed
by atty Dan Becka on 6/18/99 (tw) [Entry date 06/29/99]
[2:99cv5060]

7/2/99 11 STIPULATION filed to extend time to answer complaint [1-1]
as to defendants (tw) [Entry date 07/23/99]
[2:99cv5060]

7/2/99 -- LODGED/PROPOSED ORDER submitted by defendant for
stipulation to extend time to answer complaint [1-1] as
to defendants [11-1] .(FWD TO CRD) (tw)
[Entry date 07/23/99] [2:99cv5060]

7/6/99 4 ORDER by Judge Manuel L. Real. Ord that dfts mot for ext
of time to resp to cmp is GR. Fur ord that dfts sh srv
their resp to plf's cmp in this mrt bef 7/19/99. (tw)
[Entry date 07/07/99] [2:99cv5060]

7/12/99 5 NOTICE OF MOTION AND MOTION by Hitsgalore for
consolidation of all related actns,and for appointment of
lead plf & lead counsel ; motion hearing set for 10:00
8/16/99 Lodged prop ord (tw) [Entry date 07/13/99]
[2:99cv5060]

7/12/99 6 MEMORANDUM of PA IN SUPPORT by Hitsgalore plaintiffs group
of motion for consolidation of all related actns [5-1],
motion for appointment of lead plf & lead counsel [5-2] (tw)
[Entry date 07/13/99] [Edit date 07/13/99] [2:99cv5060]

7/12/99 7 PROOF OF SERVICE by Hitsgalore plaintiffs groups on
7/12/99 of Ntc of mot, etc (tw) [Entry date 07/13/99]
[2:99cv5060]

Docket as of April 3, 2000 7:18 pm Page 5

Proceedings include all events. TERMED LEADTR
2:99cv5060 Thomas S O'Malley, et al v. Hitsgalore.Com Inc, et al APPEAL (JWJx)

7/12/99 8 DECLARATION of Elizabeth P. Lin by Hitsgalore plaintiffs
group in suppt of motion for consolidation of all related
actns [5-1], motion for appointment of lead plf & lead
counsel [5-2] (tw) [Entry date 07/13/99] [2:99cv5060]

7/16/99 9 STIPULATION filed for an extension of time to respond re
complaint [1-1] (ca) [Entry date 07/20/99] [2:99cv5060]

7/16/99 10 ORDER by Judge Manuel L. Real granting stipulation for an
extension of time to respond to complaint [9-1]. Ord tht
dfts shall svd therir responses to pltfs complaints in
these matters or their resp to an amd consolidated complt,
as the case may be, either (1) w/in 30 days after the
anticipated consolidated amd cmplt is fld, should this crt
grant the motn to consolidate; or (2) w/in 30 days after an
ord is entered denying the motion to consolidate (ca)
[Entry date 07/20/99] [2:99cv5060]

8/9/99 12 Ntc of telephonic hrg by Hitsgalore plfs Groups motion
for consolidation of all related actns [5-1], motion for
appointment of lead plf & lead counsel [5-2] (tw)
[Entry date 08/11/99] [2:99cv5060]

8/16/99 13 MINUTES: granting motion for consolidation of all related
actns [5-1], that the motion for appointment of lead plf &
lead counsel [5-2] is submitted; The ptys may submit fur
filings re the submitted mtrs w/in two weeks of this dt. by
Judge Manuel L. Real CR: Noreen Cerge (tw)
[Entry date 08/17/99] [2:99cv5060]

8/16/99 -- PLACED IN FILE - NOT USED Prop ord gr dfts mot for
consolidation of all related actns, appointing Hitsgalore
plf Group as lead plf & approving their choice of cnsl as
lead cnsl. (tw) [Entry date 08/18/99] [2:99cv5060]

8/25/99 14 NOTICE OF MOTION AND MOTION by defendant Hitsgalore.Com
Inc, defendant Steve Bradford, defendant Dorian Reed to
dismiss, and for order to stay discov ; motion hearing
set for 10:00 9/20/99 (tw) [Entry date 08/31/99]
[2:99cv5060]

8/25/99 16 NOTICE of interested ptys by defendant (tw)
[Entry date 08/31/99] [2:99cv5060]

8/26/99 17 SUPPLEMENT by Hitsgalore Plaintiffs Group's motion for
appointment of lead plf & lead counsel [5-2] (tw)
[Entry date 08/31/99] [2:99cv5060]

8/31/99 15 NOTICE of filing fee due on pro hac vice appl re Daniel J.
Becka (tw) [Entry date 08/31/99] [2:99cv5060]

9/3/99 18 OPPOSITION by plaintiff Thomas S O'Malley to motion to
dismiss [14-1], motion for order to stay discov [14-2] (jag)
[Entry date 09/08/99] [2:99cv5060]

Docket as of April 3, 2000 7:18 pm Page 6

Proceedings include all events. TERMED LEADTR
2:99cv5060 Thomas S O'Malley, et al v. Hitsgalore.Com Inc, et al APPEAL (JWJx)

9/3/99 19 DECLARATION of ELIZABETH P LIN by plaintiff Thomas S
O'Malley in suppt of opp to motion to dismiss [14-1],
motion for order to stay discov [14-2] (jag)
[Entry date 09/08/99] [2:99cv5060]

9/13/99 20 MINUTES: resetting hearing on motion to dismiss [14-1]
10:00 10/4/99, resetting hearing on motion for order to
stay discov [14-2] 10:00 10/4/99 by Judge Manuel L. Real
CR: n/a (tw) [Entry date 09/13/99] [2:99cv5060]

9/13/99 21 REPLY memo by defendant re motion to dismiss [14-1], motion
for order to stay discov [14-2] (tw) [Entry date 09/15/99]
[2:99cv5060]

9/20/99 22 ORDER by Judge Manuel L. Real granting motion for
consolidation of all related actns [5-1] 2:99-cv-5060 with
member cases 2:99-cv-5151, 2:99-cv-6925, granting motion
for appointment of lead plf & lead counsel [5-2]. It is ord
that cons cases sh be identified as: In re
Hitsgalore.Com,Inc. Securities Litigation, no CV 99-5060R.
When a pldg is intended to be applicable to all actns to wh
this ord is applicable, the words "All Actns" sh appear
immediately after the words "This Doc relates to:" in
caption set out above. When pldg is intended to be
applicable only to some, but not all, of such actns, this
crt's docket number for ea indiv actn to wh the paper is
intended to be applicable & the last name of the first
named plf in said actn sh appear immediately after the
words "This Doc relates to:" in the caption described
above., no CV 99-5151 R. Kevin Yourman of Weiss & Yourman
is appointed lead cnsl in consolidated actn. (tw)
[Entry date 09/27/99] [2:99cv5060]

10/4/99 23 MINUTES: denying motion to dismiss [14-1], denying motion
for order to stay discov [14-2] by Judge Manuel L. Real
CR: Sharon Seffens (tw) [Entry date 10/08/99]
[2:99cv5060]

10/8/99 24 First Consolidated AMENDED Class Actn COMPLAINT [1-1] by
plaintiff Thomas S O'Malley; adding plf Robert Bickford,plf
John Gilpin; jury demand. Summons not issued (tw)
[Entry date 10/12/99] [2:99cv5060]

11/1/99 25 STIPULATION and ORDER for ext of time to resp to first
consolidated amd class actn cmpt by Judge Manuel L. Real.
Ptys stip that dfts have until 11/4/99 to file their resp
to first consolidated amd class actn cmp . Purs to this
crts' ord of 9/20/99, this cmp is to be treated as if it
were the original cmp. (tw) [Entry date 11/02/99]
[2:99cv5060]

Docket as of April 3, 2000 7:18 pm Page 7

Proceedings include all events. TERMED LEADTR
2:99cv5060 Thomas S O'Malley, et al v. Hitsgalore.Com Inc, et al APPEAL (JWJx)

11/5/99 26 STIPULATION and ORDER RE: Briefing sched for dfts' mot to
dism by Judge Manuel L. Real. IT is ord that dfts mot to
dism plfs first consolidated amd class actn cmp is to be
filed & srvd on or bef 11/10/99; plfs are to file & srv opp
papers on or bef 12/1/99; dfts are to file & srv rply
papers on or bef 12/13/99; and hrg on mot will take place
bef this crt on 12/20/99, 10:00. (tw) [Entry date 11/05/99]
[2:99cv5060]

11/10/99 27 NOTICE OF MOTION AND MOTION by defendant Hitsgalore.Com
Inc, defendant Steve Bradford, defendant Dorian Reed to
dismiss 1st consolidated amd class action ; motion
hearing set for 10:00 12/20/99 (bp) [Entry date 11/17/99]
[2:99cv5060]

11/10/99 28 MEMORANDUM OF P & A IN SUPPORT by defendants'
Hitsgalore.Com Inc, Steve Bradford, & Dorian Reed of motion
to dismiss [27-1] (bp) [Entry date 11/17/99]
[2:99cv5060]

11/10/99 29 Appendix of exhibits by defendants' Hitsgalore.Com Inc,
Steve Bradford, & Dorian Reed in suppt of motion to dismiss
[27-1] (bp) [Entry date 11/17/99] [2:99cv5060]

12/1/99 31 OPPOSITION by plaintiffs to dfts motion to dismiss [27-1]
(tw) [Entry date 12/08/99] [2:99cv5060]

12/2/99 30 Exhibits to by defendant Hitsgalore.Com Inc, defendant
Steve Bradford, defendant Dorian Reed to motion to dismiss
[27-1] (bp) [Entry date 12/03/99] [2:99cv5060]

12/13/99 32 REPLY by defendant Hitsgalore.Com Inc, defendant Steve
Bradford, defendant Dorian Reed to plfs opp to motion to
dismiss [27-1] (tw) [Entry date 12/15/99] [2:99cv5060]

12/20/99 33 STIPULATION and ORDER by Magistrate Judge Elgin C. Edwards
granting pltf additional time to and incl 1/20/00 to file
response to dfts mot for summary judgment (shb)
[Entry date 01/03/00] [2:99cv5060]

12/20/99 35 MINUTES: Dfts mot to dism 1st consolidated amd class actn
cmp. Crt grs the mot; Plf has 20 dys lv to file a 2nd
consolidated amd class actn cmp. by Judge Manuel L. Real
CR: Leonore Leblanc (tw) [Entry date 01/05/00]
[2:99cv5060]

12/22/99 34 ORDER by Judge Mariana R. Pfaelzer granting motion to
dismiss [27-1]. Plfs are given 20 dys lv to amd (tw)
[Entry date 01/03/00] [2:99cv5060]

1/4/00 37 NOTICE OF CHANGE Of Address filed by atty James S Reed for
defendant Dorian Reed, Michael R White for defendant Dorian
Reed (tw) [Entry date 01/11/00] [2:99cv5060]

Docket as of April 3, 2000 7:18 pm Page 8

Proceedings include all events. TERMED LEADTR
2:99cv5060 Thomas S O'Malley, et al v. Hitsgalore.Com Inc, et al APPEAL (JWJx)

1/7/00 36 NOTICE OF CHANGE Of Address filed by atty James S Reed for
defendant Dorian Reed, Michael R White for defendant Dorian
Reed (tw) [Entry date 01/10/00] [2:99cv5060]

1/10/00 40 STIPULATION and ORDER by Judge Manuel L. Real. It is stip
that plfs mot for class cert sh be filed & srvd w/i 60 dys
of the ptys early meeting of cnsl. (tw)
[Entry date 01/12/00] [2:99cv5060]

1/11/00 38 Second consolidated AMENDED COMPLAINT [24-1] by plaintiff
Thomas S O'Malley, Lead plaintiff Robert Bickford,
plaintiff John Gilpin; jury demand. Summons not issued (tw)
[Entry date 01/12/00] [2:99cv5060]

1/11/00 39 PROOF OF SERVICE by plaintiff Robert Bickford on 1/11/00
of Second consolid amd cmp (tw) [Entry date 01/12/00]
[2:99cv5060]

1/28/00 41 MEMORANDUM by defendant Hitsgalore.Com Inc, defendant Steve
Bradford in support of Motion to dism 2nd consolidated
amen class actn cmp. (step) [Entry date 02/01/00]
[2:99cv5060]

1/28/00 42 APPENDIX filed by defendants Hitsgalore.Com Inc, Steve
Bradford, and Dorian Reed to mot to dism mot to dism 2nd
consolidated class actn cmp. (step) [Entry date 02/01/00]
[2:99cv5060]

1/28/00 43 NOTICE OF MOTION AND MOTION by defendant Hitsgalore.Com
Inc, defendant Steve Bradford, defendant Dorian Reed to
dismiss 2nd consolidated amd class actn cmp. Motion
hearing set for 10:00 2/22/00 (step) [Entry date 02/01/00]
[2:99cv5060]

2/8/00 44 REQUEST by plaintiff Thomas S O'Malley, plaintiff Robert
Bickford, plaintiff John Gilpin for judicial notice in
suppt of plfs opp to motion to dismiss 2nd consolidated amd
class actn cmp. [43-1] (tw) [Entry date 02/10/00]
[2:99cv5060]

2/8/00 45 DECLARATION of Leigh A. Parker by plaintiff in suppt of
plfs opp to motion to dismiss 2nd consolidated amd class
actn cmp. [43-1] (tw) [Entry date 02/10/00] [2:99cv5060]

2/8/00 46 PROOF OF SERVICE by plaintiffs Robert Bickford, John Gilpin
on 2/8/00 of opp to dfts' mot to dism; decl of Leigh A.
Parker in suppt of plfs' opp to dfts' mot to dism; req for
judical ntc in suppt of plfs' opps to dfts' mot to dism (ir)
[Entry date 02/10/00] [2:99cv5060]

2/8/00 47 OPPOSITION by plaintiff to motion to dismiss 2nd
consolidated amd class actn cmp. [43-1] (tw)
[Entry date 02/10/00] [2:99cv5060]

Docket as of April 3, 2000 7:18 pm Page 9

Proceedings include all events. TERMED LEADTR
2:99cv5060 Thomas S O'Malley, et al v. Hitsgalore.Com Inc, et al APPEAL (JWJx)

2/15/00 48 REPLY by defendant Hitsgalore.Com Inc, defendant Steve
Bradford, defendant Dorian Reed to plfs opp to motion to
dismiss 2nd consolidated amd class actn cmp. [43-1] (tw)
[Entry date 02/17/00] [2:99cv5060]

2/22/00 50 MINUTES: granting, with prej motion to dismiss 2nd
consolidated amd class actn cmp. [43-1]; dfts shall submit
a propsd ord by Judge Manuel L. Real CR: Leonore LeBlanc (bp)
[Entry date 02/24/00] [2:99cv5060]

2/23/00 49 ORDER by Judge Manuel L. Real granting motion to dismiss
2nd consolidated amd class actn cmp wi prej [43-1]
terminating case (MD JS-6) (ENT 2/23/00), mld cpy &
ntcs. (tw) [Entry date 02/23/00] [2:99cv5060]

2/28/00 51 RECEIPT OF TRANSCRIPT of proceedings for the following
date(s): 2/22/00 (Re: ) CR: Leni LeBlanc (weap)
[Entry date 02/29/00] [2:99cv5060]

2/28/00 -- TRANSCRIPT filed for proceedings held on 2/22/00 (weap)
[Entry date 02/29/00] [2:99cv5060]

3/24/00 52 NOTICE OF APPEAL/Representation Statement by plaintiffs
Robert Bickford, Thomas S O'Malley, and John Gilpin to 9th
C/A from Dist. Court Ord fld 2/23/00 & ent 2/23/00 [49-2]
(cc: Kevin J. Yourman, Weiss & Yourman; Andrew Schatz,
Schatz & Nobel; Michael D. Braun, Stull, Stull & Brody;
Henry H. Rossbacher, Rossbacher & Associates; Andrew
Barroway, Schiffrin & Barroway; Stanley M. Grossman,
Pomerantz Haudek Block Grossman & Gross LLP; Daniel J.
Becka, Schoeppl & Burke, P.A.; Michael R. White, White &
Reed LLP) Fee: Paid. (Consolidated w/CV 99-5151 R(MANx) and
CV 99-6925 R(JWJx) (pjap) [Entry date 03/28/00]
[2:99cv5060]

3/30/00 53 RECEIPT OF TRANSCRIPT of proceedings for the following
date(s): 12/20/99 (Re: [52-1] ) CR: Leni Leblanc (weap)
[Entry date 04/03/00] [2:99cv5060]

3/30/00 -- TRANSCRIPT filed for proceedings held on 12/20/99 (weap)
[Entry date 04/03/00] [2:99cv5060]



To: Q. who wrote (5344)4/13/2000 1:56:00 AM
From: dumbmoney  Read Replies (1) | Respond to of 7056
 
I'm not a lawyer, but I'm baffled by how the lawsuit could be dismissed "with prejudice" (that is, assuming that all facts alleged by the plaintiff are correct). If the allegations are correct, then not only is there a good civil case against Dorian & Co., but a strong criminal case as well, in my non-lawyer view of things.

I am nevertheless surprised by the appeal, since Felonsgalore doesn't have any money to pay judgements.