This case was last updated from Santa Clara County Superior Courts on 02/20/2018 at 05:56:25 (UTC).

Suprina V. Berkowitz, Et Al.

Case Summary

On 10/24/2014 Suprina filed a Contract - Security lawsuit against Berkowitz. This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. The Judge overseeing this case is Kirwan, Peter. The case status is Pending - Other Pending.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ************2358

  • Filing Date:

    10/24/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Security

  • Court:

    Santa Clara County Superior Courts

  • Courthouse:

    Downtown Superior Court

  • County, State:

    Santa Clara, California

Judge Details

Judge

Kirwan, Peter

 

Party Details

Plaintiffs

Jamie Suprina

Suprina, Jamie

Defendants

Steven H. Berkowitz

Joe F. Hanauer

Kenneth K. Klein

V. Paul Unruh

Catherine B. Whatley

Bruce G. Willsion

Jennifer Dulski

Cheryl Ainoa

Klein, Kenneth K.

Ainoa, Cheryl

Dulski, Jennifer

Willsion, Bruce G.

Hanauer, Joe F.

Berkowitz, Steven H.

Unruh, V. Paul

Whatley, Catherine B.

Attorney/Law Firm Details

Plaintiff Attorneys

David E Bower

10866 Wilshire Blvd., Suite 1470

Los Angeles, CA 90024

Rohr, Barbara A

Wilson, James M, Jr.

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 05/27/2016
  • Conference: Case Management - Judicial Officer: Kirwan, Peter; Hearing Time: 10:00 AM; Cancel Reason: Vacated; Comment: Discovery stayed, as of 10/30/14.

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  • 04/22/2016
  • Conference: Case Management - Judicial Officer: Kirwan, Peter; Hearing Time: 10:00 AM; Cancel Reason: Vacated; Comment: Text = Discovery stayed, as of 10/30/14. Result By = C Result Judge = PK - Kirwan, Peter Result Date = 10/22/2015

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  • 03/21/2016
  • Notice: Appearance - Comment: #G-82064

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  • 03/21/2016
  • Withdrawal of... - Comment: #G-82064

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  • 03/11/2016
  • Reserved - Judicial Officer: Kirwan, Peter; Hearing Time: 9:00 AM; Cancel Reason: Vacated; Comment: Motion for Reconsideration of the Court's February 9, 2016 Final Fairness Hearing Order

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  • 03/02/2016
  • Judgment - Comment: #G-81409 signed by Judge Peter H. Kirwan. This matter came before the Court for hearing pursuant to the Order of this Court, dated October 2, 2015, on the application of the Settling Parties for approval of the Settlement set forth in the Stipulation of Settlement dated as of June 18, 2015 (the Stipulation ). Due and adequate notice having been given to the Settlement Class as required in said Order, and the Court having considered all papers filed and proceedings had herein and otherwise being fully informed in the premises and good cause appearing therefor, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This Judgment incorporates by reference the definitions in the Stipulation, and all terms used herein shall have the same meanings as set forth in the Stipulation. 2. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Members of the Settlement Class. 3. With respect to the Settlement Class, the Court finds as follows: a. that (i) the members of the Settlement Class are so numerous that joinder of all Settlement Class Members in the Action is impracticable; (ii) there are questions of law and fact common to the Settlement Class which predominate over any individual questions; (iii) the claims of Plaintiff are typical of the claims of the Settlement Class; (iv) the Plaintiff and her counsel have fairly and adequately represented and protected the interests of all of the Settlement Class Members; and (v) a class action is superior to other methods for the fair and efficient adjudication of the matter. b. that the requirements of due process have been satisfied in connection with the Notice. 4. The Court hereby certifies a non-opt-out Settlement Class of all Persons who owned Move, Inc. common stock, other than Defendants, their immediate families and their affiliates, from and including June 5, 2014 and November 13, 2014, the date of the closing of the Merger, including any and all of their respective successors-in-interest, predecessors, representatives, trustees, executors, administrators, heirs, assigns or transferees, immediate and remote, and any Person acting for or on behalf of, or claiming under, any of them, and each of them. 5. Plaintiff is here by certified as the Settlement Class representatives and Faruqi & Faruqi, LLP are certified as Counsel for the Settlement Class. 6. This Order and Final Judgment shall not constitute any evidence or admission by any of the Parties herein that any acts of wrongdoing have been committed by any of the Parties to the Action and should not be deemed to create any inference that there is any liability therefor. Defendants have denied and continue to deny they have committed or attempted to commit any violations of law or breached any duty owed to Move, Inc.'s stockholders. Similarly, Plaintiff believes that her claims were meritorious when filed and are settling the Action only because she believes that the Supplemental Disclosures provided the stockholders with a materially improved opportunity to determine whether to tender their Move shares as part of the Transaction. Nothing in this Order, or the preceding Stipulation or Memorandum of Understanding shall be construed as to concede any weakness or infirmity in Plaintiff's claims. 7. This Court hereby approves the Settlement set forth in the Stipulation and finds that said Settlement is, in all respects, fair, reasonable and adequate to each of the Settling Parties, and the Settling Parties are hereby directed to perform its terms. 8. Upon the Effective Date hereof, the Plaintiff and each of the Settlement Class Members shall be deemed to have, and by operation of this Judgment shall have, fully, finally and forever released, relinquished and discharged against the Released Parties all claims, allegations, demands, rights, actions or causes of action, liabilities, damages or losses based on claims of unfair or inadequate price, obligations, judgments, injunctions, suits, fees, expenses, costs, matters and issues of any kind or nature whatsoever, whether known or unknown, contingent or absolute, suspected or unsuspected, disclosed or undisclosed, hidden or concealed, matured or unmatured, including but not limited to class, derivative, individual or other claims for negligence, gross negligence, recklessness, breach of duty of care and/or loyalty, breach of fiduciary duty, fraud, misrepresentation, mismanagement, breach of contract, and violations of any state or federal securities laws or other statutes, rules or regulations, including Unknown Claims, that have been, could have been, or in the future can or might be asserted in the Action by or on behalf of any Settlement Class Member, whether individual, class, derivative, representative, legal, equitable or any other type or in any other capacity, which have arisen, could have arisen, arise now or hereafter arise out of, are based on, or relate in any manner to the allegations, facts, events, transactions, matters, acts, occurrences, statements, representations, misrepresentations, omissions, or any other matter, thing or cause whatsoever, or any series thereof, embraced, involved or set forth in, or referred to or otherwise related, directly or indirectly, in any way to, the Action or the Related Actions or the subject matter of the Action, and including without limitation any claims in any way related to: (i) the Merger and Merger Agreement or any amendment thereto; (ii) the adequacy of the consideration being paid to Move Inc.'s stockholders in connection with the Merger; (iii) the fiduciary obligations of any of the Defendants or Released Parties in connection with the Merger and Merger Agreement, or any amendment thereto, including any alleged deal protection devices; (iv) the negotiations, due diligence, or other activities in connection with the Merger and Merger Agreement or any amendment thereto; (v) the disclosures or disclosure obligations of any of the Defendants or Released Parties in connection with the Merger and Merger Agreement or any amendment thereto (including the adequacy and completeness of such disclosures); (vi) the alleged aiding and abetting of any breach of fiduciary duty; (vii) any alleged improper benefit, conflict of interest, improper payments of any remuneration or employment benefits to any individual made in connection with the Merger and Merger Agreement; and (viii) the allegations in the Action or in the Related Actions; provided, however, that the Released Claims shall not include the right of any Settlement Class Member to enforce in the Court the terms of the Stipulation or any properly perfected claims for appraisal. 9. All Settlement Class Members are hereby forever barred and enjoined from prosecuting the Released Claims (including Unknown Claims) against the Released Parties. 10. Upon the Effective Date hereof, each of the Released Parties shall be deemed to have, and by operation of this Judgment shall have, fully, finally and forever released, relinquished and discharged each and all of the Settlement Class Members and counsel to the Plaintiff from all claims, including Unknown Claims, based upon or arising out of the institution, prosecution, assertion, settlement or resolution of the Action or the Released Claims. 11. All Settlement Class Members expressly waive any and all rights and benefits which they now have, or in the future may have by virtue of the provisions of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 12. All Settlement Class Members expressly waive any and all rights and benefits conferred by any law of the state or territory of the United States, or by any law of any jurisdiction outside the United States, or by any principle of common law or international law, which is similar, comparable or equivalent to California Civil Code Section 1542. 13. The Notice of Settlement of Class Action given to the Settlement Class was the best notice practicable under the circumstances, including the individual notice to all Members of the Settlement Class who could be identified through reasonable effort. Said Notice provided the best notice practicable under the circumstances of those proceedings and of the matters set forth therein, including the proposed Settlement set forth in the Stipulation, to all Persons entitled to such notice, and said Notice fully satisfied the requirements of 382 of the California Code of Civil Procedure, California Rules of Court, Rule 3.766 and the requirements of due process. 14. The Court orders that Defendants shall pay, or cause to be paid, the sum of $456,373.13 in attorneys' fees and expenses to Plaintiff's Counsel in accordance with and subject to the terms and conditions of 5.1-5.3 of the Stipulation. 15. During the course of the Action, all Settling Parties and their counsel complied with California Code of Civil Procedure 128.7. 16. Neither the Stipulation nor the Settlement contained therein, nor any act performed or document executed pursuant to or in furtherance of the Stipulation or the Settlement: (i) is or may be deemed to be or may be used as an admission of, or evidence of, the validity or lack thereof of any Released Claim, or of any wrongdoing or liability of the Defendants; or (ii) is or may be deemed to be or may be used as an admission of, or evidence of, any fault or omission of any of the Defendants in any civil, criminal or administrative proceeding in any court, administrative agency or other tribunal. Defendants may file the Stipulation and/or this Judgment in any action that may be brought against them in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or any theory of claim preclusion or issue preclusion or similar defense or counterclaim. 17. Without affecting the finality of this Judgment in any way, this Court hereby retains continuing jurisdiction over: (a) implementation of this Settlement; and (b) all parties hereto for the purpose of construing, enforcing and administering the Stipulation. 18. In the event that the Settlement does not become effective in accordance with the terms of the Stipulation, then this Judgment shall be rendered null and void to the extent provided by and in accordance with the Stipulation and shall be vacated and, in such event, all orders entered and releases delivered in connection herewith shall be null and void to the extent provided by and in accordance with the Stipulation. 19. There being no just reason for delay, the Court hereby directs that this Order and Final judgment be entered by the Clerk of the Court. Except as provided in the Stipulation or herein, each party is to bear its own costs. IT IS SO ORDERED.

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  • 02/29/2016
  • Order - Comment: #G-81297 Amended Order After Hearing on February 5, 2016 (Final Fairness Hearing) - signed by Judge Peter H. Kirwan

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  • 02/16/2016
  • Declaration - Comment: #G-80839 - Juan E. Monteverde

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  • 02/09/2016
  • Order: Submitted Matter - Judicial Officer: Kirwan, Peter; Comment: #G-80698 Order After Hearing on 2/5/16: Final Fairness Hearing - signed by Judge Peter H. Kirwan

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  • 02/05/2016
  • Motion: Final Fairness Hearing - Judicial Officer: Kirwan, Peter; Hearing Time: 9:00 AM; Result: Heard: Granted; Comment: [preliminarily approved 10/2/15]

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43 More Docket Entries
  • 02/03/2015
  • Clerk's Notice - Judicial Officer: Kirwan, Peter; Comment: Text = #G-69532 CMC advanced from February 27, 2015 to February 26, 2015 - by the Court Legacy Name = CV Clerk's Notice Decision = M Closed = 02/03/2015

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  • 02/02/2015
  • Order - Judicial Officer: Kirwan, Peter; Comment: Text = #G-69506 Order Granting Pro Hac Vice Application of James M. Wilson, Jr. (for Plaintiff) - signed by Judge Peter H. Kirwan Legacy Name = CV Order Decision = M Closed = 02/02/2015

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  • 01/16/2015
  • Court Reporter Per Diem Fees - Half Day - Judicial Officer: Kirwan, Peter; Comment: Text = #G-69083 Legacy Name = CV Court Reporter Fee < 1 Hour Decision = M Closed = 01/20/2015

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  • 01/16/2015
  • Application: Pro Hac Vice - Judicial Officer: Kirwan, Peter; Comment: Text = #G-69083 / Appl/Ord:Appear Pro Hac Vice - Application of James M. Wilson, JR. To Appear Pro Hac Vice Legacy Name = CV Appl/Ord:Appear Pro Hac Vice

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  • 10/30/2014
  • Order: Deeming Case Complex - Judicial Officer: Kirwan, Peter; Comment: Text = #G-67259 Order Deeming Case Complex and Staying Discovery - signed by Judge Peter H. Kirwan Legacy Name = CV Order Deeming Case Complex Decision = M Closed = 10/30/2014

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  • 10/24/2014
  • Complex Litigation: Provisional - Judicial Officer: Kirwan, Peter; Comment: Text = 7, 8 Legacy Name = CV Complex Lit/Provisional Decision = M Closed = 10/24/2014

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  • 10/24/2014
  • Summons: Issued/Filed - Judicial Officer: Kirwan, Peter; Comment: Legacy Name = CV Summons Filed Decision = M Closed = 10/24/2014

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  • 10/24/2014
  • Document: Complex Lit - Judicial Officer: Kirwan, Peter; Comment: Legacy Name = CV Complex Fee Payment Decision = M Closed = 10/24/2014

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  • 10/24/2014
  • Complaint (Unlimited) (Fee Applies) - Judicial Officer: Kirwan, Peter; Comment: Legacy Name = CV Complaint Filed/Summs Issued Decision = M Closed = 10/24/2014

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  • 10/24/2014
  • Civil Case Cover Sheet - Judicial Officer: Kirwan, Peter; Comment: Legacy Name = CV Case Cover Sheet Decision = M Closed = 10/24/2014

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