American Tower Corporation: Settled and/or Concluded Case

• Judgment (59 KB)
  •wo United States Court of Appeals 7XU[^ w.p For the First Circuit No. 08-2356 IN RE: AMERICAN TOWER CORPORATION SECURJr$$5&K?A'ffclRf 3 3 FILED IN CLERKS OFFICE ------------------------------------------------------------------------------------------------------US COURT Or APPEALS JOHN S. GREENEBAUM, individually and on behalf of all others similarity situated Plaintiff - Appellant ADKINS, KELSTON & ZAVEZ, P.C. Movant - Appellant NEW SOUTH WALES TREASURY CORPORATION; STEAMSHIP TRADE ASSOCIATION-rNTERNATIONAL LONGSHOREMEN'S ASSOCIATION PENSION FUND Plaintiffs AMERICAN TOWER CORPORATION; JAMES D. TAICLET; BRADLEY SINGER; TIMOTHY F. ALLEN; JURSTIN D. BENINCASA, JEAN A. BUA; STEVEN B. DODGE; CAROLYN F. KATZ; PAMEAL D.A. REEVE; MARY AGNES WILDEROTTER Defendants - Appellees JOSEPH L. WINN; JAMES S. EISENSTEIN; J. MICHAEL GEARON, Jr.; STEVEN J. MOSKOWITZ; PAUL M. ALBERT, Jr.; RAYMOND P. DOLAN; FRED R. LUMMIS; SAMME L. THOMPSON; ALAN L. BOX; ARNOLD L. CHAVKTN; WILLIAM H. HESS; RANDALL T. MAYS
  
  
• Notice Of Appeal (46 KB)
  UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE AMERICAN TOWER CORPORATION No. 06-CV-10933 (MLW) SECURITIES LITIGATION NOTICE OF APPEAL Notice is hereby given that John Greenebaum, a member of the settlement Class in the above referenced matter, through his counsel, and his counsel hereby appeal to the United States Court of Appeals for the First Circuit from the Memorandum and Order (Docket No. 115) entered on August 22, 2008, Denying the Motion for Attorneys Fees (Docket No. 106) and Motion to Opt Out of Settlement Class (Docket No. 107) . DATED: September 17, 2008. Respectfully submitted, I si Hilton Tomlinson Hilton Tomlinson 15 North 21st Street, Suite 302 Birmingham, Alabama 35203 (205) 326-6626 (205) 328-2889 (fax) htomlinson@bellsouth.net Attorney for John Greenebaum l CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing, NOTICE OF APPEAL, was e-filed, on this the 17th day of September, 2008, to the following: Plai
  
  
• Memorandum And Order (134 KB)
  UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) In re AMERICAN TOWER CORPORATION ) C. A. No. 06-10933-MLW SECURITIES LITIGATION ) ) MEMORANDUM AND ORDER WOLF, D.J. August 22, 2008 On June 11, 2008, this court entered an final order approving the settlement of this shareholder class action. John Greenbaum, the initial plaintiff in this action, objected to the proposed settlement. The court overruled his substantive objections but did, as Greenbaum requested, reduce the proposed award of attorneys' fees. Greenbaum's counsel, Hilton Tomlinson, Esq., now moves for attorney's fees in the amount of $64,677.14 and expenses in the amount of $1,869 for his work in connection with the objections. Separately, Greenbaum moves to opt out of the settlement class. For the reasons described below, both motions are being denied. In general, "objectors have a valuable and important role to per
  
  
• Notice Of Appeal (46 KB)
  UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE AMERICAN TOWER CORPORATION No. 06-CV-10933 (MLW) SECURITIES LITIGATION NOTICE OF APPEAL Notice is hereby given that John Greenebaum, a member of the settlement Class in the above referenced matter, through his counsel, hereby appeals to the United States Court of Appeals for the First Circuit from the Order entered on June 11, 2008, Approving Plan of Allocation of Net Settlement Fund. DATED: July 8, 2008. Respectfully submitted, /s/ Hilton Tomlinson Hilton Tomlinson 15 North 21st Street, Suite 302 Birmingham, Alabama 35203 (205) 326-6626 (205) 328-2889 (fax) htomlinson@bellsouth.net Attorney for John Greenebaum l CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing, NOTICE OF APPEAL, was e-filed, on this the 8th day of July, 2008, to the following: Plaintiffs' Lead Counsel: Joel H. Bernstein, Esq. David J. Goldsmith, Esq. Labaton Sucharow LLP 140 Broadway New York, NY 1000
  
  
• [Proposed] Order Granting Lead Counsel's Petition For An Award Of Attorney's Fees And Reimbursement Of Expenses (142 KB)
  Case1:06-cv-10933-MLW Document 103 Filed 06/11/2008 Page 1 of 3 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE AMERICAN TOWER CORPORATION SECURITIES LITIGATION No. 06-CV-10933 (MLW) MLW .[PROPOSED] ORDER GRANTING LEAD COUNSEL'S PETITION FOR AN AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES WHEREAS: A. Lead Counsel, on behalf of all Plaintiffs' Counsel, has filed a Petition for an Award of Attorney's Fees and Reimbursement of Expenses; B. This Court entered an Order Preliminarily Approving Settlement and Providing for Notice to the Class dated February 28, 2008 (the "Preliminary Approval Order"), preliminarily approving the proposed Settlement, directing individual and publication notice to potential Class Members, scheduling a hearing for June 11, 2008 (the "Fairness Hearing"), and providing Class Members with an opportunity to object to, inter alia, Lead Counsel's Petition for an Award of Attorney's Fees and Reimbursement of Expenses and to be heard
  
  
• Lead Counsel's Petition For An Award Of Attorneys' Fees And Reimbursement Of Expenses (82 KB)
  UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE AMERICAN TOWER CORPORATION SECURITIES LITIGATION No. 06-CV-10933 (MLW) LEAD COUNSEL'S PETITION FOR AN AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES Pursuant to Rules 23(h) and 54(d)(2) of the Federal Rules of Civil Procedure, Labaton Sucharow LLP, Court-appointed Lead Counsel for Lead Plaintiff Steamship Trade Association-International Longshoremen's Association Pension Fund and the Class, respectfully files this petition, on behalf of all Plaintiffs' counsel, for an Order awarding attorney's fees in the amount of twenty-five percent (25%) of the Settlement Fund and reimbursing litigation and notice and administration expenses incurred to date in the amount of $323,385.70. In support of this petition, Lead Counsel relies on a memorandum of law and the Declaration of David J. Goldsmith with exhibits, filed contemporaneously herewith, and all prior papers and proceedings in this action. By Order dated February 28, 2008, this Court sched
  
  
• Lead Counsel's Petition For An Award Of Attorney's Fees And Reimbursement Of Expenses (82 KB)
  UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE AMERICAN TOWER CORPORATION SECURITIES LITIGATION No. 06-CV-10933 (MLW) LEAD COUNSEL'S PETITION FOR AN AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES Pursuant to Rules 23(h) and 54(d)(2) of the Federal Rules of Civil Procedure, Labaton Sucharow LLP, Court-appointed Lead Counsel for Lead Plaintiff Steamship Trade Association-International Longshoremen's Association Pension Fund and the Class, respectfully files this petition, on behalf of all Plaintiffs' counsel, for an Order awarding attorney's fees in the amount of twenty-five percent (25%) of the Settlement Fund and reimbursing litigation and notice and administration expenses incurred to date in the amount of $323,385.70. In support of this petition, Lead Counsel relies on a memorandum of law and the Declaration of David J. Goldsmith with exhibits, filed contemporaneously herewith, and all prior papers and proceedings in this action. By Order dated February 28, 2008, this Court sched
  
  
• Exhibits: Declaration Of David J. Goldsmith In Support Of Lead Counsel's Petition For An Award Of Attorney's Fees And Reimbursement Of Expenses (8.12 MB)
  Exhibit A IN RE AMERICAN TOWER CORPORATION SECURITIES LITIGATION No. 06-CV-10933 (MLW) (D. Mass.) LODESTAR AND EXPENSES SUMMARY CHART Firm Hours Lodestar Expenses Labaton Sucharow LLP 2,700.60 $1,199,588.50 $321,298.781 Law Offices of Peter G. Angelos, P.C. 82.20 $32,880.00 $1,604.42 Thornton & Naumes LLP 61.25 $27,675.00 $482.50 Total 2,844.05 $1,260,143.50 $323,385.70 1 Includes $215,578.36 in notice and settlement administration fees and costs incurred to date by Strategic Claims Services, LLC. 696334 vl [4/30/2008 12:19] Exhibit B UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE AMERICAN TOWER CORPORATION SECURITIES LITIGATION No. 06-CV-10933 (MLW) DECLARATION OF DAVID J. GOLDSMITH OF LABATON SUCHAROW LLP SUBMITTED IN SUPPORT OF LEAD COUNSEL'S PETITION FOR AN AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) DAVID J. GOLDSMITH declares as follows pursuant to 28 U.S.C. § 1746: 1.
  
  
• Declaration Of David J. Goldsmith In Support Of Lead Counsel's Petition For An Award Of Attorney's Fees And Reimbursement Of Expenses (170 KB)
  UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE AMERICAN TOWER CORPORATION SECURITIES LITIGATION No. 06-CV-10933 (MLW) DECLARATION OF DAVID J. GOLDSMITH IN SUPPORT OF LEAD COUNSEL'S PETITION FOR AN AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES DAVID J. GOLDSMITH declares as follows pursuant to 28 U.S.C. § 1746: 1. I am a Counsel with the law firm of Labaton Sucharow LLP ("Lead Counsel"), Court-appointed Lead Counsel for Lead Plaintiff Steamship Trade Association-International Longshoremen's Association Pension Fund ("Lead Plaintiff") and the Class in the above-titled action. I am admitted to practice before this Court pro hoc vice. 2. This declaration is respectfully submitted in support of Lead Counsel's petition, pursuant to Rules 23(h) and 54(d)(2) of the Federal Rules of Civil Procedure, for an award of attorney's fees and reimbursement of litigation and notice and settlement administration expenses incurred to date. I have personal knowledge of the matters
  
  
• [Proposed] Order Granting Lead Counsel's Petition For An Award Of Attorney's Fees And Reimbursement Of Expenses (128 KB)
  UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE AMERICAN TOWER CORPORATION SECURITIES LITIGATION No. 06-CV-10933 (MLW) [PROPOSED] ORDER GRANTING LEAD COUNSEL'S PETITION FOR AN AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES WHEREAS: A. Lead Counsel, on behalf of all Plaintiffs' Counsel, has filed a Petition for an Award of Attorney's Fees and Reimbursement of Expenses; B. This Court entered an Order Preliminarily Approving Settlement and Providing for Notice to the Class dated February 28, 2008 (the "Preliminary Approval Order"), preliminarily approving the proposed Settlement, directing individual and publication notice to potential Class Members, scheduling a hearing for June 11, 2008 (the "Fairness Hearing"), and providing Class Members with an opportunity to object to, inter alia, Lead Counsel's Petition for an Award of Attorney's Fees and Reimbursement of Expenses and to be heard concerning such objections; C. Notice has been provided to the members of
  
  
• Stipulation And Agreement Of Settlement (3.86 MB)
  Case 1:06-cv-10933-MLW Document 78 Filed 02/08/2008 Page 1 of 33 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE AMERICAN TOWER CORPORATION SECURITIES LITIGATION No. 06-CV-10933 (MLW) STIPULATION AND AGREEMENT OF SETTLEMENT Subject to the approval of the Court and pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Stipulation and Agreement of Settlement (the "Settlement Agreement") is entered into among Lead Plaintiff Steamship Trade Association-International Longshoremen's Association Pension Fund ("Lead Plaintiff or "STA-ILA"), on behalf of itself and the Class defined herein for purposes of settlement (collectively, "Plaintiffs"), and Defendants American Tower Corporation ("AMT" or the "Company"), Steven B. Dodge, James D. Taiclet, Jr., Bradley E. Singer, Jean A. Bua, Timothy F. Allen, Justin D. Benincasa, Pamela D.A. Reeve, Carolyn F. Katz, and Mary Agnes Wilderotter (collectively, "Defendants") by and through their respective, duly authorized counsel. This S
  
  
• Proof Of Claim (67 KB)
  Un ited StateS diSt r ic t co Urt diSt r ic t o f Ma SSa c h U Se t t S X : IN RE AMERICAN TOWER CORPORATION : No 06-CV-10933 (MLW) SECURITIES LITIGATION ------------------------------------------------------------------------------- X Proof of cLaiM DEADLINE FOR SUBMISSION: SEPtEmbEr 9, 2008. IF YOU PURCHASED OR OTHERWISE ACQUIRED THE COMMON STOCK OF AMERICAN TOWER CORPORATION (“AMT”) BETWEEN APRIL 1, 2002 AND MAY 22, 2006, INCLUSIVE (THE “CLASS PERIOD”), AND WERE DAMAGED THEREBY, YOU ARE A “CLASS MEMBER” AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT PROCEEDS. (EXCLUDED FROM THE CLASS ARE THE DEFENDANTS, THE OFFICERS AND DIRECTORS OF THE COMPANY AT ALL RELEVANT TIMES, MEMBERS OF THEIR IMMEDIATE FAMILIES, COMPANY MANAGEMENT PERSONNEL AT THE VICE PRESIDENT LEVEL OR ABOVE WHO SURRENDERED STOCK OPTIONS OR WHOSE STOCK OPTIONS WERE AMENDED PURSUANT TO THE COMPANY’S REMEDIATION PLAN, AND THEIR LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS OR ASSIGNS AND ANY
  
  
• Notice Of Pendency And Proposed Settlement Of Class Action And Fairness Hearing (178 KB)
  : IN RE AMERICAN TOWER CORPORATION : SECURITIES LITIGATION : Un ited StateS diSt r ic t co Urt diSt r ic t o f Ma SSa c h U Se t t S X : : No. 06-CV-10933 (MLW) : X ent of ca PendencY and ProPoSed SettLeMENT OF CLASS ACTION AND FAIRNESS hearinG This Notice provides important information concerning the pendency and settlement (the “Settlement”) of a class action lawsuit (the “Action”) brought by Lead Plaintiff Steamship Trade Association-International Longshoremen’s Association Pension Fund, on behalf of itself and the Class described herein (“Plaintiffs”), against American Tower Corporation and the other Defendants listed herein, alleging violations of the federal securities laws. IF YOU PURCHASED OR OTHERWISE ACQUIRED SHARES OF COMMON STOCK OF AMERICAN TOWER CORPORATION (“AMT” OR THE “COMPANY”) BETWEEN APRIL 1, 2002 AND MAY 22, 2006, INCLUSIVE (THE “CLASS PERIOD”), YOU MAY BE ENTITLED TO RECEIVE MONEY FROM A CLASS ACTION SETTLEMENT A Federal Court authorized this Notice. Thi