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Keywords & Phrases
CaseNo: QD77608, CourtName: CLASS ACTION II, State: IN Indiana, UniqueCaseRef: LCD>QD77608, Entry, Motion, Clt, Quality Dining, Dining, Securities, Fitzpatrick, Reports, Mark, Refer, Franchisees, Exchange, Common Stock, Plaintiff Quality, Misleading, Daniel, Defendant John Firth, Class Period, Allegations, Franchise, Baking, Llc, Galloway, Materially False, Edit, Plaintiff Peter Shipman, Plaintiff Chris, Memorandum, Acquisition, Plaintiff Mark Ratterman, Compel Discovery, Exchange Act, Nordahl Brue, Management, Individual Defendant, Defendant Michael, Growth, Smp, Brue, Judge Robert , ContentID: 120246860

Case Documents
1 2000-07-27 DOCKET A
[ see first page and extracted highlights below  ] ItemID: 116672
52 pages
PDF
2 2000-01-14 DOCKET B
[ see first page and extracted highlights below  ] ItemID: 116673
17 pages
PDF
3 1998-06-03 COMPLAINT C
[ see first page and extracted highlights below  ] ItemID: 116671
50 pages
PDF
4 1998-05-11 COMPLAINT B
[ see first page and extracted highlights below  ] ItemID: 116670
52 pages
PDF
Total Documents: 4 documents , 171 pages
Price: $ 34.95


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1 . DOCKET A

EXTRACTED KEY WORDS
MOTION
DEFENDANT
CLT
PLAINTIFF
MARK
REFER
PLAINTIFF QUALITY
DANIEL
FITZPATRICK
DEFENDANT JOHN FIRTH
FRANCHISE
BAKING
LLC
GALLOWAY
EDIT
PLAINTIFF PETER SHIPMAN
PLAINTIFF CHRIS
PLAINTIFF MARK RATTERMAN
COMPEL DISCOVERY
NORDAHL BRUE
DEFENDANT MICHAEL
JUDGE ROBERT
DEFENDANT QUALITY DINING
AMENDED COMPLAINT
MEMORANDUM
MICHAEL DRESSEL
COUNTERCLAIM
P/T SCHEDULE
GRANTING MOTION


Case docket was last updated on: 07/28/00.


Docket as of July 27, 2000 5:16 pm                          Page 1

Proceedings include all events.
3:98cv250 Ratterman, et al v. Quality Dining Inc, et al                          PROTO
REFER

                                                                       PROTO REFER
                              U.S. District Court
                Northern District of Indiana (South Bend)

                      CIVIL DOCKET FOR CASE #: 98-CV-250

Ratterman, et al v. Quality Dining Inc, et al                          Filed:
05/13/98
Assigned to: Judge Robert L Miller, Jr                  Jury demand: Plaintiff
                 Referred to: Christopher A Nuechterlein
Demand: $6,000,000                                      Nature of Suit: 850
Lead Docket: None                                       Jurisdiction: Federal
Question
Dkt # in E Dist Missouri : is 4:97cv 1454JCH

Cause: 15:77 Securities Fraud


MARK RATTERMAN                           Scott A Bearby
         plaintiff                       [COR LD NTC]
                                         Beckman Kelly and Smith
                                         5920 Hohman Avenue
                                         Hammond, IN 46320-2423
                                         219-933-6200
                                         FTS 933-6201

                                         James D Bass
                                         [COR LD NTC]
                                         Blumenfeld and Kaplan
                                         Fourth Floor
                                         168 N Meramec
                                         St Louis, MO 63105-3763
                                         314-863-0800
                                         FTS 863-9388

                                         W Michael Garner
                                         [COR LD NTC]
SNIPPETS:
  • REFER
  • defendant Daniel B Fitzpatrick, defendant John Firth by
  • Mark D Boveri (clt) [Entry date 05/27/98]
  • Fitzpatrick, defendant John Firth for attorney Ellen
  • motion ddl set for 10/30/98,;scheduling conf set for
  • 6/3/98 8 ATTORNEY APPEARANCE for defendant Quality Dining Inc,
  • 6/8/98 12 LETTER from plaintiff Mark Ratterman, plaintiff Chris
  • Galloway, plaintiff Peter Shipman, plaintiff Quality Baking
  • LLC requesting an amended schedule or a scheduling
  • motion to dismiss pltf's amended complaint
  • Franchise, defendant Nordahl Brue, defendant Michael
  • Michael Dressel in support of motion to dismiss
  • 6/25/98 21 MEMORANDUM by defendant Quality Dining Inc,
  • 6/29/98 22 ORDER by Judge Robert L. Miller Jr.
  • defendant to modify p/t schedule
  • LLC to dismiss counterclaim of defts Bruegger Corp,
  • LLC to amend p/t schedule and for leave to amend complaint [Edit date 12/30/98]
  • LLC to compel discovery regarding witness preparation

  • 2 . DOCKET B

    EXTRACTED KEY WORDS
    ENTRY
    SMP
    DEFENDANTS
    COUNSEL
    PLAINTIFF
    DISMISS
    LONGO
    ROBERT
    JUDGE ROBIN
    PLTFS
    PIERCE
    CONFERENCE
    QUALITY DINING
    MAG JUDGE ROBIN
    EXTEND
    RICHARD
    SLM
    COMPLAINT
    ATTORNEY
    MEMORANDUM
    REFER
    MARIE LONGO
    EXTEND TIME
    DISCOVERY PLAN
    HAC VICE
    GRANTING MOTION
    MELCHER
    LLP
    RICHARD TRUTZ
    
    
    
    Case docket was last updated on: 09/28/99.
    
    
    Docket as of January 14, 2000 10:01 pm                          Page 1
    
    Proceedings include all events.                                                     TERMED
    3:98cv244 Longo, et al v. Quality Dining Inc, et al
    REFER
    
                                                                              TERMED REFER
                                  U.S. District Court
                    Northern District of Indiana (South Bend)
    
                          CIVIL DOCKET FOR CASE #: 98-CV-244
    
    Longo, et al v. Quality Dining Inc, et al                                 Filed:
    05/11/98
    Assigned to: Judge Robert L. Miller, Jr.               Jury demand: Plaintiff
                     Referred to: Mag Judge Robin D. Pierce
    Demand: $0,000                                         Nature of Suit: 850
    Lead Docket: None                                      Jurisdiction: Federal
    Question
    Dkt# in other court: None
    
    Cause: 28:1331 Fed. Question: Securities Violation
    
    
    MARIE LONGO, on behalf of                Robert W Mysliwiec
    herself and all others                   [COR LD NTC]
    similarly situated                       Jones Obenchain Ford Pankow
             plaintiff                       Lewis & Woods
                                             P O Box 4577
                                             211 West Washington St
                                             Suite 1800
                                             South Bend, IN 46634-4577
                                             219-233-1194
                                             FTS 233-8957
    
                                             Steven G Schulman
                                             [COR LD NTC]
                                             Samuel H Rudman
                                             [COR LD NTC]
                                             Robert A Wallner
                                             [COR LD NTC]
                                             Charles Hellman
                                             [COR LD NTC]
    
    SNIPPETS:
  • 3:98cv244 Longo, et al v. Quality Dining Inc, et al
  • REFER
  • Mag Judge Robin D. Pierce
  • Mysliwiec (slm)
  • Findlay by Paul J Peralta [Entry date 06/04/98]
  • to answer pltf's complaint
  • all counsel)
  • vice for plaintiff (smp)
  • 6/29/98 -- PRO HAC VICE FILING FEE PAID: on 6/29/98 in the amount of
  • 7/1/98 10 ORDER by Judge Robert L. Miller Jr.
  • 7/2/98 11 ATTORNEY APPEARANCE for defendants by James H Ham III
  • 7/6/98 12 MOTION by defendants to extend time to answer
  • 7/10/98 14 MOTION by plaintiff Marie Longo to consolidate cases
  • Robert P Melcher and class members Richard Driscoll,
  • Richard Trutz & Christopher Sanchirico as Lead Pltfs;
  • approving Milberg Weiss Bersad Hynes & Lerach LLP and Wolf
  • 8/10/98 scheduling conference or converting it to a status
  • status conference;discovery plan ddl 9/18/98;
  • extend time to file motion to dismiss & setting briefing
  • 10/21/98 32 MEMORANDUM by defendants in support of motion to dismiss

  • 3 . COMPLAINT C

    EXTRACTED KEY WORDS
    DEFENDANTS
    PLAINTIFF
    SECURITIES
    REPORTS
    FRANCHISEES
    EXCHANGE
    COMMON STOCK
    MISLEADING
    FITZPATRICK
    QUALITY DINING
    ALLEGATIONS
    INDIVIDUAL DEFENDANT
    GROWTH
    BRUE
    MEMBERS
    CLASS PERIOD
    ACQUISITION
    MANAGEMENT
    EXCHANGE ACT
    OPERATING PROGRAM
    MISREPRESENTATIONS
    DISSEMINATION
    MATERIALLY FALSE
    PARTICIPATION
    EXECUTIVES
    UNITED STATES
    STATES DISTRICT COURT
    SOUTH BEND
    EXPERIENCING
    
    
    
    
    
                            UNITED STATES DISTRICT COURT
                            NORTHERN DISTRICT OF INDIANA
                                SOUTH BEND DIVISION
    
    - - - - - - - - - - - - - - - - - -x
    ROBERT P. MELCHER on behalf of          )
    himself and all others                  )
    similarly situated,                     )) CASE NO [98-CV-00287]
                             Plaintiff,     )     [filed Jun. 3, 1998]
                                            )
                  v.                        )     JURY TRIAL DEMANDED
    QUALITY DINING, INC., & DANIEL B. )
    FITZPATRICK,                            ))
                             Defendants.    )
         - - - - - - - - - - - - - - - - - x
    
                               CLASS ACTION COMPLAINT
    
                  Plaintiff makes the following allegations, except as to
    
    allegations specifically pertaining to plaintiff and his counsel
    
    which are based upon personal knowledge, based upon the
    
    investigation of his counsel, which included a review of United
    
    States Securities and Exchange Commission ("SEC") filings by
    
    Quality Dining, Inc. ("Q Dining" or the "Company"), securities
    
    analysts reports and advisories about the Company, press releases
    
    issued by the Company, media reports about the company and
    
    discussions with consultants, and believe that substantial
    
    evidentiary support will exist for the allegations set forth
    
    herein after a reasonable opportunity for discovery.
    
                                NATURE OF THE ACTION
    
                  1.    This is a securities class action on behalf of all
    
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • Plaintiff makes the following allegations,
  • States Securities and Exchange Commission filings by
  • Quality Dining, Inc., securities
  • analysts reports and advisories about the Company,
  • those who purchased or otherwise acquired the common stock of Q
  • Exchange Act of 1934.
  • misleading statements made by defendants and issued as part of a
  • false and misleading statements issued by defendants during the
  • ("Fitzpatrick" or the "Individual Defendant")
  • Brue and Dressell
  • The defendants touted the acquisition as a
  • failing Bruegger's from franchisees who were demanding
  • former management and Q Dining's management clashed and the
  • inflated prices during the Class Period and has been damaged
  • actions of the Individual Defendant identified above.
  • Company's financial condition, performance, growth, operations,
  • misrepresentations and omissions during the Class Period violated
  • was aware of their materially false and misleading nature.
  • other members of the Class to purchase Q Dining common stock at
  • top executives and directors was its business plan, budget,
  • Fitzpatrick knew that Bruegger's was experiencing
  • "Franchise Operating Program".
  • The Company's objectives are to establish the Bruegger's brand as the leading, most
  • South Bend Indiana Tribune reported that the Company reported
  • dissemination of such statements or documents as primary violations
  • or participation in the making of affirmative

  • 4 . COMPLAINT B

    EXTRACTED KEY WORDS
    DEFENDANTS
    PLAINTIFF
    SECURITIES
    FRANCHISEES
    REPORTS
    EXCHANGE
    COMMON STOCK
    CLASS PERIOD
    MISLEADING
    FITZPATRICK
    MATERIALLY FALSE
    MEMBERS
    ALLEGATIONS
    COUNSEL
    BUSINESS
    INDIVIDUAL DEFENDANTS
    ANALYST REPORT
    CLASS ACTION
    RELEVANT TIMES
    EXCHANGE ACT
    ACQUISITION
    MANAGEMENT
    DISSEMINATION
    FEDERAL SECURITIES LAWS
    BUSINESS PROSPECTS
    PARTICIPATION
    UNITED STATES
    SUBSTANTIAL EVIDENTIARY SUPPORT
    REPRESENTATIONS
    
    
    
    
    
                              UNITED STATES DISTRICT COURT
                              NORTHERN DISTRICT OF INDIANA
                                  SOUTH BEND DIVISION
    
    - - - - - - - - - - - - - - - - - -x
    MARIE LONGO on behalf of herself          )
    and all others similarly situated, )) CASE NO 3:98 CV0244RM
                               Plaintiff,     )     [filed May 11, 1998]
                                              )
                        v.                    )     JURY TRIAL DEMANDED
                                              )     COMPLAINT - CLASS ACTION
    QUALITY DINING, INC., DANIEL B.           )
    FITZPATRICK and DAVID M. FINDLAY, ))
                               Defendants.    ))
    - - - - - - - - - - - - - - - - - -x
    
                  Plaintiff makes the following allegations, except as to
    
    allegations specifically pertaining to plaintiff and her counsel
    
    which are based upon personal knowledge, based upon the investi-
    
    gation of her counsel, which included a review of United States
    
    Securities and Exchange Commission ("SEC") filings by Quality
    
    Dining, Inc. ("Quality Dining" or the "Company"), securities
    
    analysts reports and advisories about the Company, press releases
    
    issued by the Company and media reports about the Company and
    
    believe that substantial evidentiary support will exist for the
    
    allegations set forth herein after a reasonable opportunity for
    
    discovery.
    
                                 NATURE OF THE ACTION
    
                  1.    This is a class action on behalf of all individu-
    
    als or entities who purchased or otherwise acquired the common
    
    
    SNIPPETS:
  • FITZPATRICK and DAVID M. FINDLAY,))
  • Plaintiff makes the following allegations,
  • which are based upon personal knowledge, based upon the investigation of her counsel, which
  • Securities and Exchange Commission filings by Quality
  • Dining, Inc. ("Quality Dining" or the "Company"), securities
  • analysts reports and advisories about the Company,
  • believe that substantial evidentiary support will exist for the
  • case arises from defendants' issuance of materially false and
  • At the time of the announcement of the acquisition, unbeknownst to investors, Bruegger's
  • Furthermore, numerous franchisees
  • offering of Quality Dining common stock.
  • Defendant Fitzpatrick's brash management style clashed with Bruegger's
  • statements throughout the Class Period.
  • The claims asserted herein arise under and pursuant to Sections 10and 20of the Exchange Act
  • dissemination of materially false and misleading information,
  • Because of the Individual Defendants, positions with the Company, they had access to the
  • Company's financial condition and performance, growth, operations, financial statements,
  • Dining's business prospects and financial condition and performance as particularized herein
  • other members of the Class to purchase Quality Dining common
  • PLAINTIFF'S CLASS ACTION ALLEGATIONS
  • the officers and directors of the Company, at all relevant times,
  • Whether the federal securities laws were violated by defendants' acts as alleged herein;
  • their dissemination of materially false and misleading information into the market.
  • the Secondary Offering -- issued an analyst report on Quality
  • growth, which included the making of, or the participation in the
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