US District Court Civil Docket as of May 11, 2018 Retrieved from the court on May 11, 2018

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)

CIVIL DOCKET FOR CASE #: 2:14-cv-05263-MWF-GJS

Edward Todd v. Staar Surgical Company et al Assigned to: Judge Michael W. Fitzgerald Referred to: Magistrate Judge Gail J. Standish Related Case: 2:16-cv-04492-MWF-GJS

Cause: 15:77 Securities Fraud

Date Filed: 07/08/2014 Date Terminated: 10/23/2017 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Plaintiff

Edward Todd Individually and on Behalf of All Others Similarly Situated

represented by Jeremy A Lieberman Pomerantz LLP 600 Third Avenue 20th Floor New York, NY 10016 212-661-1100 Fax: 212-661-8665 Email: jalieberman@pomlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Lionel Zevi Glancy Glancy Prongay and Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: lglancy@glancylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Marc I Gross Pomerantz LLP 600 Third Avenue 20th Floor New York, NY 10016 212-661-1100 Fax: 212-661-8665 Email: migross@pomlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Michael J Wernke Pomerantz LLP 600 Third Avenue 20th Floor New York, NY 10016 212-661-1100 Fax: 212-661-8665 Email: mjwernke@pomlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Patrick V Dahlstrom Pomerantz LLP 10 South LaSalle Street Suite 3505 Chicago, IL 60603 312-377-1181 Fax: 312-377-1184 Email: pdahlstrom@pomlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Robert Vincent Prongay Glancy Prongay and Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: rprongay@glancylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Francis P McConville Labaton Sucharow LLP 140 Broadway New York, NY 10005 (212) 907-0650 Fax: (212) 883-7550 Email: fmcconville@labaton.com TERMINATED: 04/21/2015 PRO HAC VICE Kevin F Ruf Glancy Prongay and Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: kevinruf@gmail.com ATTORNEY TO BE NOTICED

Michael M Goldberg Goldberg Law PC 3700 The Strand Manhattan Beach, CA 90266 800-977-7401 Fax: 800-536-0065 Email: michael@goldberglawpc.com TERMINATED: 07/31/2015 ATTORNEY TO BE NOTICED

V.

Defendant

Staar Surgical Company a Delaware corporation

represented by Dan E Marmalefsky Morrison and Foerster LLP 707 Wilshire Boulevard Suite 6000 Los Angeles, CA 90017-3543 213-892-5200 Fax: 213-892-5454 Email: dmarmalefsky@mofo.com ATTORNEY TO BE NOTICED Kai S Bartolomeo Morrison and Foerster LLP 707 Wilshire Boulevard Suite 6000 Los Angeles, CA 90071-3543 213-892-5200 Fax: 213-892-5454 Email: kbartolomeo@mofo.com ATTORNEY TO BE NOTICED

Defendant

Barry G. Caldwell the President, Chief Executive Officer and a director of STAAR

represented by Dan E Marmalefsky (See above for address) ATTORNEY TO BE NOTICED Kai S Bartolomeo (See above for address) ATTORNEY TO BE NOTICED

Defendant

Deborah Andrews the Company's Chief Financial Officer TERMINATED: 10/20/2014

represented by Dan E Marmalefsky (See above for address) ATTORNEY TO BE NOTICED

Defendant

Stephen P. Brown the Chief Financial Officer of STAAR TERMINATED: 10/20/2014

represented by Dan E Marmalefsky (See above for address) ATTORNEY TO BE NOTICED

Defendant

John Santos represented by Dan E Marmalefsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kai S Bartolomeo (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

07/08/2014 1 COMPLAINT Receipt No: 0973-14078817 - Fee: $400, filed by Plaintiff Edward Todd. (Attorney Lionel Zevi Glancy added to party Edward Todd(pty:pla))(Glancy, Lionel) (Entered: 07/08/2014)

07/08/2014 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Edward Todd. (Glancy, Lionel) (Entered: 07/08/2014)

07/08/2014 3 CIVIL COVER SHEET filed by Plaintiff Edward Todd. (Glancy, Lionel) (Entered: 07/08/2014)

07/08/2014 4 NOTICE of Interested Parties filed by Plaintiff Edward Todd, (Glancy, Lionel) (Entered: 07/08/2014)

07/08/2014 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Ralph Zarefsky. (ghap) (Entered: 07/08/2014)

07/08/2014 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 07/08/2014)

07/08/2014 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Deborah Andrews, Stephen P. Brown, Barry G. Caldwell, Staar Surgical Company. (ghap) (Entered: 07/08/2014)

07/21/2014 8 STIPULATION for Extension of Time to File Answer re Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Edward Todd. (Attachments: # 1 Proposed Order)(Glancy, Lionel) (Entered: 07/21/2014)

07/31/2014 9 APPLICATION for attorney Jeremy A. Lieberman to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14214007 paid.) filed by Plaintiff Edward Todd. (Attachments: # 1 Proposed Order, # 2 Exhibit - Certificate of Good Standing)(Glancy, Lionel) (Entered: 07/31/2014)

07/31/2014 10 APPLICATION for attorney Francis P. McConville to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14214047 paid.) filed by Plaintiff Edward Todd. (Attachments: # 1 Proposed Order, # 2 Exhibit - Certificate of Good Standing)(Glancy, Lionel) (Entered: 07/31/2014)

08/01/2014 11 ORDER by Judge Michael W. Fitzgerald: granting 10 Application to Appear Pro Hac Vice by Attorney Francis P. McConville on behalf of Plaintiff Edward Todd, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 08/04/2014)

08/01/2014 12 ORDER by Judge Michael W. Fitzgerald: granting 9 Application to Appear Pro Hac Vice by Attorney Jeremy A. Lieberman on behalf of Plaintiff Edward Todd, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 08/04/2014)

08/07/2014 13 MINUTES OF TELEPHONIC STATUS CONFERENCE RE STIPULATION 8 before Judge Michael W. Fitzgerald: The Telephonic Status Conference is held. The Court extends the date to respond to the Complaint to 9/22/2014. Defense counsel may renew its request, by filing an ex parte application, before the 9/22/2014 deadline. Court Reporter: Rosalyn Adams. (jp) (Entered: 08/08/2014)

08/20/2014 14 APPLICATION for attorney Patrick V. Dahlstrom to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14315896 paid.) filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Proposed Order)(Goldberg, Michael) (Entered: 08/20/2014)

08/21/2014 15 ORDER by Judge Michael W. Fitzgerald: granting 14 Application to Appear Pro Hac Vice by Attorney Patrick V. Dahlstrom on behalf of Plaintiff, designating Michael Goldberg as local counsel. (lt) (Entered: 08/21/2014)

08/25/2014 16 (Attorney Dan E Marmalefsky added to party Deborah Andrews(pty:dft), Attorney Dan E Marmalefsky added to party Stephen P. Brown(pty:dft), Attorney Dan E Marmalefsky added to party Barry G. Caldwell(pty:dft), Attorney Dan E Marmalefsky added to party Staar Surgical Company(pty:dft))(Marmalefsky, Dan) (Entered: 08/25/2014)

09/08/2014 17 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment as Lead Plaintiff filed by Plaintiff Edward Todd. Motion set for hearing on 10/6/2014 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order)(Prongay, Robert) (Entered: 09/08/2014)

09/08/2014 18 MEMORANDUM in Support of MOTION for Appointment of Counsel and Appointment as Lead Plaintiff 17 filed by Plaintiff Edward Todd. (Prongay, Robert) (Entered: 09/08/2014)

09/08/2014 19 DECLARATION of Robert V. Prongay in Support of MOTION for Appointment of Counsel and Appointment as Lead Plaintiff 17 filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Movant Certification, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - Pomerantz Firm Resume, # 5 Exhibit E - Glancy Firm Resume)(Prongay, Robert) (Entered: 09/08/2014)

09/12/2014 20 STIPULATION for Order Concerning Schedule for Filing of the Amended Complaint and for Briefing of Anticipated Motion to Dismiss filed by Plaintiff Edward Todd. (Attachments: # 1 Proposed Order)(Glancy, Lionel) (Entered: 09/12/2014)

09/15/2014 21 ORDER Setting Schedule for Filing of the Amended Complaint and for Briefing of Anticipated Motion to Dismiss 20 by Judge Michael W. Fitzgerald that Lead Plaintiff shall file and serve his Amended Complaint no later than 10/20/2014; Defendants shall answer or otherwise respond to the Amended Complaintno later

than 12/8/2014. (SEE ATTACHMENT FOR FURTHER DETAILS). (jp) (Entered: 09/15/2014)

09/29/2014 22 ORDER by Judge Michael W. Fitzgerald, the Court hereby appoints Edward Todd as Lead Plaintiff. Lead Plaintiff satisfies the requirements for Lead Plaintiff pursuant to Section 21D(a)(3)(B)(iii) of the PSLRA. Lead Plaintiff, pursuant to Section 21D(a)(3)(B)(v) of the PSLRA, has selected and retained the law firm of Pomerantz LLP as Lead Counsel and Glancy Binkow & Goldberg as Liaison Counsel in this action, and the Court hereby approves these selections. (SEE ATTACHMENT ORDER FOR FURTHER DETAILS). The hearing date on 10/6/2014, is hereby vacated. (jp) (Entered: 09/30/2014)

10/13/2014 23 APPLICATION for attorney Michael J. Wernke to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14606857 paid.) filed by Lead Plaintiff Edward Todd. (Attachments: # 1 Proposed Order, # 2 Exhibit - Certificate of Good Standing)(Glancy, Lionel) (Entered: 10/13/2014)

10/14/2014 24 ORDER by Judge Michael W. Fitzgerald: granting 23 Application to Appear Pro Hac Vice by Attorney Michael J. Wernke on behalf of Plaintiff, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 10/15/2014)

10/20/2014 25 First AMENDED COMPLAINT against Plaintiff Barry G. Caldwell, Staar Surgical Company, John Santos amending Complaint (Attorney Civil Case Opening) 1 , filed by Plaintiff Edward Todd (Glancy, Lionel) (Entered: 10/20/2014)

10/20/2014 26 Request for Clerk to Issue Summons on Amended Complaint 25 filed by Plaintiff Edward Todd. (Glancy, Lionel) (Entered: 10/20/2014)

10/20/2014 27 NOTICE OF DISMISSAL filed by Plaintiff Edward Todd pursuant to FRCP 41a(1) as to Deborah Andrews, Stephen P. Brown. (Glancy, Lionel) (Entered: 10/20/2014)

10/21/2014 28 EX PARTE APPLICATION to Strike re Amended Complaint 25 or to Seal filed by defendant Staar Surgical Company. (Attachments: # 1 Proposed Order, # 2 Declaration Elaine Tseng, # 3 Exhibit A, # 4 Declaration Dan Marmalefsky, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E)(Marmalefsky, Dan) (Entered: 10/21/2014)

10/22/2014 29 MEMORANDUM in Opposition to EX PARTE APPLICATION to Strike re Amended Complaint 25 or to Seal 28 filed by Plaintiff Edward Todd. (Glancy, Lionel) (Entered: 10/22/2014)

10/22/2014 30 REPLY REPLY IN SUPPORT OF EX PARTE APPLICATION to Strike re Amended Complaint 25 or to Seal 28 filed by Defendant Staar Surgical Company. (Marmalefsky, Dan) (Entered: 10/22/2014)

10/24/2014 31 MINUTES (IN CHAMBERS) ORDER TEMPORARILY GRANTING Plaintiff Ex Parte Application to Seal 28 by Judge Michael W. Fitzgerald: The Court GRANTS Staar's Application to seal the materials. The clerk's office shall TEMPORARILY SEAL Plaintiffs First Amended Complaint until the Court can determine whether it has the authority to seal such a document permanently based on a claim of attorney-client privilege. The Court also ORDERS the parties temporarily not to contact Confidential Witness 1. By 11/3/2014, Staar shall file a memorandum of points and authorities not to exceed 15 pages explaining why the Court has the authority to seal

the First Amended Complaint. By the same date, Starr shall likewise justify any orderregarding contact with Confidential Witness 1. Plaintiff may file a response stating its position on the matter by 11/10/2014, also not to exceed 15 pages. The Court will consider the parties briefing and issue an order shortly thereafter. The court also CONTINUES the deadline for Staar to file an Answer or other Rule 12 response until the Court has made a final determination on its authority to seal Plaintiffs First Amended Complaint. (jp) (Entered: 10/24/2014)

10/24/2014 32 21 DAY Summons Issued re First Amended Complaint 25 as to Defendants John Santos, Staar Surgical Company. (jp) (Entered: 10/24/2014)

11/03/2014 33 MEMORANDUM of Points and Authorities in Support filed by Defendant Staar Surgical Company. Re: Order on Ex Parte Application to Strike,,,, 31 (Attachments: # 1 Declaration of S. Speer, # 2 Exhibit A, # 3 Declaration of J. Biehl, # 4 Exhibit B)(Marmalefsky, Dan) (Entered: 11/03/2014)

11/05/2014 34 Notice of Appearance or Withdrawal of Counsel: for attorney Kai S Bartolomeo counsel for Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. Adding Kai S. Bartolomeo as attorney as counsel of record for Staar Surgical Company, Barry G. Caldwell and John Santos for the reason indicated in the G-123 Notice. Filed by Defendants Staar Surgical Company, Barry G. Caldwell and John Santos. (Attorney Kai S Bartolomeo added to party Barry G. Caldwell(pty:dft), Attorney Kai S Bartolomeo added to party John Santos(pty:dft), Attorney Kai S Bartolomeo added to party Staar Surgical Company(pty:dft))(Bartolomeo, Kai) (Entered: 11/05/2014)

11/10/2014 35 REPLY PLAINTIFFS RESPONSE TO DEFENDANT STAAR SURGICAL COMPANYS APPLICATION TO SEAL THE AMENDED COMPLAINT filed by Plaintiff Edward Todd. (Wernke, Michael) (Entered: 11/10/2014)

11/10/2014 36 REPLY EX PARTE APPLICATION to Strike re Amended Complaint 25 or to Seal 28 PLAINTIFFS RESPONSE TO DEFENDANT STAAR SURGICAL COMPANYS APPLICATION TO SEAL THE AMENDED COMPLAINT filed by Plaintiff Edward Todd. (Attachments: # 1 Declaration of Michael J. Wernke, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Wernke, Michael) (Entered: 11/10/2014)

11/17/2014 37 REPLY in Support EX PARTE APPLICATION to Strike re Amended Complaint 25 or to Seal 28 filed by Defendant Staar Surgical Company. (Marmalefsky, Dan) (Entered: 11/17/2014)

11/20/2014 38 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, a Telephone Conference Re Request to Seal Complaint is set for Friday, November 21, 2014 at 1:30pm. The Courtroom Deputy Clerk will email the conference call information to counsel. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 11/20/2014)

11/21/2014 39 MINUTES OF TELEPHONIC STATUS CONFERENCE RE REQUEST TO SEAL COMPLAINT 28 before Judge Michael W. Fitzgerald: Case called. The Court hears from counselregarding the Ex Parte Application to Seal Complaint 28 . For the reasons stated on the record, the Ex Parte Application is DENIED. However, the Complaint remains SEALED pending a determination of the portions (if any) based on information subject to the attorney-client privilege. The Court orders counsel to

meet and confer regarding discovery and briefing by December 3, 2014, and, to submit their joint report by December 5, 2014. Defendant shall assemble and file the joint report, which is limited to six pages. Court Reporter: Rosalyn Adams. (jp) (Entered: 11/21/2014)

12/01/2014 40 TRANSCRIPT ORDER re: Telephone Conference,, 39 , as to defendants Barry G. Caldwell, John Santos, Staar Surgical Company Court Reporter. Court will contact Kai Bartolomeo at kbartolomeo@mofo.com with any questions regarding this order. Transcript portion requested: Other: November 21, 2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Bartolomeo, Kai) (Entered: 12/01/2014)

12/02/2014 41 TRANSCRIPT ORDER as to re: Telephone Conference Edward Todd Court Reporter. Court will contact Michael J. Wernke at mjwernke@pomlaw.com with any questions regarding this order. Transcript portion requested: Other: November 21, 2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Wernke, Michael) (Entered: 12/02/2014)

12/05/2014 42 JOINT REPORT of RE: BRIEFING SCHEDULE AND DISCOVERY PURSUANT TO COURT'S NOV. 21, 2014 ORDER filed by Defendant Staar Surgical Company. (Bartolomeo, Kai) (Entered: 12/05/2014)

12/17/2014 43 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, a Telephone Status Conference is set for 12/18/2014 at 2:00 PM. The Courtroom Deputy Clerk, Ms. Sanchez, has emailed the call-in information to counsel. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 12/17/2014)

12/18/2014 44 MINUTES OF TELEPHONIC STATUS CONFERENCE AND ORDER RE SCOPE OF DISCOVERY AND SCHEDULE FOR MOTION TO STRIKE before Judge Michael W. Fitzgerald: Counsel shall meet and confer on the dates by which the production will take place and when the Motion to Strike shall be filed. Counsel shall also submit a list of potential dates for the deposition. The Court will consider whether it should take place before the Court and issue an order indicating its decision at a later date. In light of the Court's trial schedule, the Court could only preside at the deposition if it occurs on or before January 16, 2015, or else in late February. The First Amended Complaint shall remain sealed for now. Court Reporter: Rosalyn Adams. (jp) (Entered: 12/19/2014)

01/06/2015 45 NOTICE of Manual Filing filed by Defendant Staar Surgical Company of Copies of communications between Defendant STAAR Surgical Company and the U.S. Food and Drug Administration in connection with the FDA's May 21, 2014 Warning Letter, Tabs 1 through 10.. (Bartolomeo, Kai) (Entered: 01/06/2015)

01/06/2015 46 NOTICE OF FILING RETENTION AGREEMENT PURSUANT TO THE COURT'S DECEMBER 18, 2014 MINUTE ORDER filed by defendant Staar Surgical Company. (Bartolomeo, Kai) (Entered: 01/06/2015)

01/14/2015 47 JOINT REPORT of Regarding Scheduling of Deposition of Confidential Witness No. 1 filed by Defendant Staar Surgical Company. (Bartolomeo, Kai) (Entered: 01/14/2015)

01/14/2015 48 TRANSCRIPT for proceedings held on 11-21-14, 1:35 AM. Court Reporter/Electronic Court Recorder: ROSALYN ADAMS, phone number rosalyn.adams494@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/4/2015. Redacted Transcript Deadline set for 2/14/2015. Release of Transcript Restriction set for 4/14/2015. (Adams, Rosalyn) (Entered: 01/14/2015)

01/14/2015 49 NOTICE OF FILING TRANSCRIPT filed for proceedings 11-21-14, 1:35 AM re Transcript 48 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Adams, Rosalyn) TEXT ONLY ENTRY (Entered: 01/14/2015)

01/21/2015 50 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, a Telephone Status Conference is set for 1/23/2015 at 3:00 PM. The Courtroom Deputy Clerk, Ms. Sanchez, will email counsel the conference call information. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 01/21/2015)

01/23/2015 51 MINUTES OF TELEPHONIC STATUS CONFERENCE before Judge Michael W. Fitzgerald: The Telephonic Status Conference is held. As stated on the record, the Court will not order Defendant to produce thecommunications between Star Surgical and the FDA it had submitted to the Court for in camera review at this time. The Court indicated that it was willing to preside over the deposition of Confidential Witness 1 and provided dates when this may be possible. Should the parties wish to conduct the deposition before the Court they should contact the clerk with a proposed date that fits with the Court's indicated availability. Court Reporter: Rosalyn Adams. (jp) (Entered: 02/02/2015)

03/16/2015 52 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin F Ruf counsel for Plaintiff Edward Todd. Adding Kevin F. Ruf as attorney as counsel of record for Lead Plaintiff Edward Todd for the reason indicated in the G-123 Notice. Filed by Lead Plaintiff Edward Todd. (Attorney Kevin F Ruf added to party Edward Todd(pty:pla))(Ruf, Kevin) (Entered: 03/16/2015)

04/01/2015 53 Joint STIPULATION for Order Setting Briefing Schedule filed by Defendant Staar Surgical Company. (Attachments: # 1 Proposed Order)(Marmalefsky, Dan) (Entered: 04/01/2015)

04/02/2015 54 ORDER GRANTING Joint Stipulation Setting Briefing Schedule on Defendant's Motion to Strike 53 by Judge Michael W. Fitzgerald as follows: (1) STAAR shall file its Motion to Strike on or before April 20, 2015; (2) Plaintiff shall file his opposition to STAAR's Motion to Strike on or before May 15, 2015; (3) STAAR shall file its reply in support of the Motion to Strike on or before May 26, 2015; (4) STAAR's Motion to Strike shall be heard on June 8, 2015, at 10:00 a.m., or to another date and time that is convenient for Court. (jp) (Entered: 04/02/2015)

04/20/2015 55 NOTICE OF MOTION AND MOTION to Strike Privileged Information from Plaintiff's Amended Complaint filed by Defendant Staar Surgical Company. Motion

set for hearing on 6/8/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Marmalefsky, Dan) (Entered: 04/20/2015)

04/20/2015 56 NOTICE of Manual Filing filed by Defendant Staar Surgical Company of Application to File under Seal; Proposed Order and Exhibits E-J to Declaration of Dan Marmalefsky ISO of Staar's Motion to Strike. (Marmalefsky, Dan) (Entered: 04/20/2015)

04/20/2015 57 MEMORANDUM in Support of MOTION to Strike Privileged Information from Plaintiff's Amended Complaint 55 filed by Defendant Staar Surgical Company. (Attachments: # 1 Proposed Order, # 2 Declaration Joe Biel, # 3 Declaration Steve Speer, # 4 Declaration Elaine H. Tseng, # 5 Declaration Samuel J. Gesten, # 6 Declaration Denise McEachern, # 7 Declaration Dan Marmalefsky)(Marmalefsky, Dan) (Entered: 04/20/2015)

04/20/2015 58 PROOF OF SERVICE filed by Defendant Staar Surgical Company, re Notice of Manual Filing (G-92) 56 served on April 20, 2015. (Marmalefsky, Dan) (Entered: 04/20/2015)

04/20/2015 60 APPLICATION to File Under Seal - Pursuant to Oral Order at March 20, 2015 Deposition - Exhibits to Declaration of Dan Marmalefsky in support of Defendant's Motion to Strike Defendant's Privileged Information from Plaintiff's Amended Complaint filed by Defendant Staar Surgical Company. (jp) (Entered: 04/22/2015)

04/21/2015 59 (McConville, Francis) (Entered: 04/21/2015)

04/21/2015 61 ORDER GRANTING Application to File Under Seal - Pursuant to Oral Order at March 20, 2015 Deposition - Exhibits to Declaration of Dan Marmalefsky in support of Defendant's Motion to Strike Defendant's Privileged Information from Plaintiff's Amended Complaint 60 by Judge Michael W. Fitzgerald. (jp) (Entered: 04/22/2015)

04/21/2015 63 SEALED DOCUMENT - SUPPLEMENTAL DECLARATION of Dan Marmalefsky in Support of Defendant Staar Surgical Company's Motion to Strike Defendant's Privileged Information from Plaintiff's Amended Complaint. (gk) (Entered: 04/23/2015)

04/22/2015 62 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) 59 . The following error(s) was found: Missing document text. Document text should match the the caption of the attached document. For example: Notice of Appearance or Withdrawal of Counsel (G-123). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) (Entered: 04/22/2015)

04/24/2015 64 APPLICATION for attorney Marc I. Gross to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15601588 paid.) filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Proposed Order)(Glancy, Lionel) (Entered: 04/24/2015)

04/28/2015 65 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Michael W. Fitzgerald: granting 64

Application to Appear Pro Hac Vice by Attorney Mark I. Gross on behalf of Plaintiff, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 04/28/2015)

05/01/2015 66 NOTICE of Change of Attorney Business or Contact Information: for attorney Robert Vincent Prongay counsel for Plaintiff Edward Todd. Changing firm name to Glancy Prongay & Murray LLP. Filed by Lead Plaintiff Edward Todd. (Prongay, Robert) (Entered: 05/01/2015)

05/01/2015 67 NOTICE of Change of Attorney Business or Contact Information: for attorney Kevin F Ruf counsel for Plaintiff Edward Todd. Changing firm name to Glancy Prongay & Murray LLP. Filed by Lead Plaintiff Edward Todd. (Ruf, Kevin) (Entered: 05/01/2015)

05/01/2015 68 NOTICE of Change of Attorney Business or Contact Information: for attorney Lionel Zevi Glancy counsel for Plaintiff Edward Todd. Changing firm name to Glancy Prongay & Murray LLP. Filed by Lead Plaintiff Edward Todd. (Glancy, Lionel) (Entered: 05/01/2015)

05/15/2015 69 NOTICE of Manual Filing filed by Plaintiff Edward Todd of Plaintiff's Opposition to Defendant's Motion to Strike. (Wernke, Michael) (Entered: 05/15/2015)

05/15/2015 70 DECLARATION of Michael J. Wernke in Support of Lead Plaintiff's Opposition filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit A - Transcript, # 2 Exhibit B- Form 10-Q, # 3 Exhibit C - Slides, # 4 Exhibit D - Press Release, # 5 Exhibit E - Slides)(Wernke, Michael) (Entered: 05/15/2015)

05/15/2015 71 APPLICATION to File Under Seal Pursuant to Oral Order at March 20, 2015 Deposition - Plaintiff's Opposition to Staar's Motion to Strike filed by plaintiff Edward Todd. (jp) (Entered: 05/20/2015)

05/19/2015 72 ORDER GRANTING Application to File Under Seal Pursuant to Oral Order at March 20, 2015 Deposition - Plaintiff's Opposition to Staar's Motion to Strike 71 by Judge Michael W. Fitzgerald. (jp) (Entered: 05/20/2015)

05/19/2015 73 SEALED DOCUMENT - PLAINTIFF'S OPPOSITION. [FILED UNDER SEAL]. (jp) (Entered: 05/21/2015)

05/26/2015 74 REPLY in Support of MOTION to Strike Privileged Information from Plaintiff's Amended Complaint 55 filed by Defendant Staar Surgical Company. (Attachments: # 1 Declaration of Donald Ellis)(Marmalefsky, Dan) (Entered: 05/26/2015)

05/28/2015 75 SCHEDULING NOTICE ADVANCING TIME OF HEARING ONLY by Judge Michael W. Fitzgerald. On the Court's own motion, the MOTION to Strike Privileged Information From Plaintiff's Amended Complaint 55 will be held at 8:30 am, on June 8, 2015. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 05/28/2015)

06/04/2015 76 OPPOSITION to MOTION to Strike Privileged Information from Plaintiff's Amended Complaint 55 filed by Plaintiff Edward Todd. (Wernke, Michael) (Entered: 06/04/2015)

06/08/2015 77 MINUTES OF Motion to Strike Privileged Information from Plaintiff's Amended Complaint 55 before Judge Michael W. Fitzgerald: Case called, and counsel make

their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Lisa Gonzalez. (jp) (Entered: 06/08/2015)

06/11/2015 78 TRANSCRIPT ORDER as to DEFENDANT STAAR SURGICAL COMPANY Staar Surgical Company Court Reporter. Court will contact DAN MARMALEFSKY at DAN MARMALEFSKY with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 06-08-2015. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Marmalefsky, Dan) (Entered: 06/11/2015)

06/22/2015 79 TRANSCRIPT for proceedings held on 060815, 8:35 a.m.. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; CSRLISAG@AOL.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/13/2015. Redacted Transcript Deadline set for 7/23/2015. Release of Transcript Restriction set for 9/20/2015. (Gonzalez, Lisa) (Entered: 06/22/2015)

06/22/2015 80 NOTICE OF FILING TRANSCRIPT filed for proceedings 060815, 8:35 a.m. re Transcript 79 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY (Entered: 06/22/2015)

06/22/2015 81 NOTICE OF FILING TRANSCRIPT filed for proceedings 060815, 8:35 a.m. re Transcript 79 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY (Entered: 06/22/2015)

07/31/2015 82 Notice of Appearance or Withdrawal of Counsel: for attorney Robert Vincent Prongay counsel for Plaintiff Edward Todd. Michael M. Goldberg is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Lead Plaintiff Edward Todd. (Prongay, Robert) (Entered: 07/31/2015)

08/13/2015 83 NOTICE filed by Defendant Staar Surgical Company. of Supplemental Authority (Attachments: # 1 Exhibit A)(Marmalefsky, Dan) (Entered: 08/13/2015)

08/21/2015 84 MINUTES (In Chambers): ORDER GRANTING MOTION TO STRIKE 55 . (lom) ** DOCUMENT UNSEALED PURSUANT TO CIVIL MINUTES OF 9/4/2015 94 ** Modified on 9/4/2015 (gk). (Entered: 08/26/2015)

08/26/2015 85 EX PARTE APPLICATION for Order for Regarding Deadline to Respond to Complaint, Briefing Schedule on Motion to Disqualify and Other Relief filed by Defendant Staar Surgical Company. (Attachments: # 1 Declaration of Kai S. Bartolomeo, # 2 Exhibit A through F, # 3 Proposed Order) (Marmalefsky, Dan) (Entered: 08/26/2015)

08/27/2015 86 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Regarding Deadline to Respond to Complaint, Briefing Schedule on Motion to Disqualify and Other Relief 85 filed by Plaintiff Edward Todd. (Wernke, Michael) (Entered: 08/27/2015)

08/27/2015 87 REPLY EX PARTE APPLICATION for Order for Regarding Deadline to Respond to Complaint, Briefing Schedule on Motion to Disqualify and Other Relief 85 filed by Defendant Staar Surgical Company. (Marmalefsky, Dan) (Entered: 08/27/2015)

08/28/2015 88 Second AMENDED COMPLAINT against Defendant Deborah Andrews, Stephen P. Brown, Barry G. Caldwell, John Santos, Staar Surgical Company amending Amended Complaint 25 , filed by Plaintiff Edward Todd (Wernke, Michael) (Entered: 08/28/2015)

08/28/2015 89 Corrected Second AMENDED COMPLAINT against Defendants Barry G. Caldwell, John Santos, Staar Surgical Company amending Amended Complaint/Petition 88 , filed by Plaintiff Edward Todd (Wernke, Michael) (Entered: 08/28/2015)

09/03/2015 90 MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING INPART DEFENDANTS EX PARTE APPLICATIONFOR ORDER STAYING DEADLINE TO RESPONDTO AMENDED COMPLAINT, SETTINGBRIEFING SCHEDULE ON MOTION FORDISQUALIFICATION, AND REQUIRING CERTAIN PROTECTIVE MEASURES 85 by Judge Michael W. Fitzgerald: Before the Court is Defendant STAAR Surgical Companys Ex Parte Application for an Order: (1) Staying or Vacating STAARs Deadline to Respond tothe Amended Complaint; (2) Setting Briefing Schedule on Motion for Disqualification; and (3) Requiring Certain Protective Measures (the Application). (Docket No. 85). Lead Plaintiff Edward Todd filed a Memorandum in Opposition on August 27, 2015, and Defendants same-day Reply followed. (Docket Nos. 86, 87). The Court has reviewed and considered the parties submissions and now DENIES Defendants Application. Defendant shall respond to Plaintiffs Second Amended Complaint in accordance with this Courts Order entered on August 26, 2015. (Docket No. 84). (kss) (Entered: 09/03/2015)

09/04/2015 91 Joint STIPULATION Extending Time to Answer the complaint as to Staar Surgical Company answer now due 9/11/2015, re Amended Complaint/Petition 89 filed by Defendant Staar Surgical Company. (Attachments: # 1 Proposed Order)(Marmalefsky, Dan) (Entered: 09/04/2015)

09/04/2015 92 DECLARATION of Dan Marmalefsky re Stipulation Extending Time to Answer (30 days or less) 91 filed by Defendant Staar Surgical Company. (Marmalefsky, Dan) (Entered: 09/04/2015)

09/04/2015 93 AMENDED MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT'S EX PARTE APPLICATION FOR ORDER STAYING DEADLINE TO RESPOND TO AMENDED COMPLAINT, SETTING BRIEFING SCHEDULE ON MOTION FOR DISQUALIFICATION, AND REQUIRING CERTAIN PROTECTIVE MEASURES 90 by Judge Michael W. Fitzgerald: The Court DENIES Defendant STAAR Surgical Company's Ex Parte Application for an Order: (1) Staying or Vacating STAAR's Deadline to Respond to the Amended Complaint; (2) Setting Briefing Schedule on Motion for Disqualification; and (3) Requiring Certain Protective Measures 85 . Defendant shall respond to Plaintiff's Second Amended Complaint in accordance with this Court's Order filed on 8/21/2015. Court Reporter: Not Reported. (gk) (Entered: 09/04/2015)

09/04/2015 94 MINUTES (IN CHAMBERS) ORDER UNSEALING ORDER GRANTING MOTION TO STRIKE by Judge Michael W. Fitzgerald: On 8/21/2015, the Court filed under seal its Order Granting Motion to Strike 84 . At that time, the Court advised the parties that it would remove the seal unless either party, by no later than 8/31/2015, filed an ex parte application explaining why the Order should remain unavailable to the public. Because no such application has been filed, the Court hereby unseals its Order of 8/21/2015. Court Reporter: Not Reported. (gk) (Entered: 09/04/2015)

09/08/2015 95 ORDER GRANTING JOINT STIPULATION EXTENDING DEADLINE AND SETTING BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS CORRECTED SECOND AMENDED COMPLAINT by Judge Michael W. Fitzgerald: Upon Stipulation 91 , the Court hereby ORDERS as follows: Defendants shall file their motion to dismiss on or before 9/21/2015. Plaintiff shall file his opposition to Defendants motion to dismiss on or before 10/19/2015. Defendants shall file their reply in support of their motion to dismiss on or before 11/2/2015. Defendants motion to dismiss shall be heard on 11/16/2015 at 10:00 AM. (gk) (Entered: 09/10/2015)

09/21/2015 96 NOTICE OF MOTION AND MOTION to Dismiss Case filed by DEFENDANTS Barry G. Caldwell, John Santos, Staar Surgical Company. Motion set for hearing on 11/16/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Exhibit A-1, # 4 Exhibit A-2, # 5 Exhibit B, # 6 Exhibit C-1, # 7 Exhibit C-2, # 8 Exhibit D-1, # 9 Exhibit D-2, # 10 Exhibit D-3, # 11 Exhibit D-4, # 12 Exhibit E, # 13 Exhibit F, # 14 Exhibit G, # 15 Exhibit H-1, # 16 Exhibit H-2, # 17 Exhibit I, # 18 Exhibit J, # 19 Exhibit K, # 20 Exhibit L, # 21 Exhibit M, # 22 Exhibit N, # 23 Exhibit O) (Attorney Dan E Marmalefsky added to party John Santos(pty:dft)) (Marmalefsky, Dan) (Entered: 09/21/2015)

09/21/2015 97 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case 96 filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. (Marmalefsky, Dan) (Entered: 09/21/2015)

09/30/2015 98 NOTICE OF MOTION AND MOTION to Disqualify Counsel Plaintiff's Counsel filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. Motion set for hearing on 11/16/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Marmalefsky, Dan) (Entered: 09/30/2015)

09/30/2015 99 NOTICE of Manual Filing filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company of Application to File Under Seal; Proposed Order; Select Portions of Staar's Memorandum of Points and Authorities ISO its Motion to Disqualify Plaintiff's Counsel and Exhibits A, B, C, D, E and F to the Declaration of Dan Marmalesky ISO Staar's Motion to Disqualify Plaintiff's Counsel. (Marmalefsky, Dan) (Entered: 09/30/2015)

09/30/2015 100 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Disqualify Counsel Plaintiff's Counsel 98 filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. (Attachments: # 1 Proposed Order, # 2 Declaration Dan Marmalefsky, # 3 Declaration Stephen McG. Bundy)(Marmalefsky, Dan) (Entered: 09/30/2015)

09/30/2015 105 APPLICATION to File Under Seal - Pursuant to Oral Order at March 20, 2015 Deposition - Exhibits to Declaration of Dan Marmalefsky in support of Defendant's Motion to Disqualify Plaintiff's Counsel and Corresponding Portions of Motion filed by Defendant Staar Surgical Company. Lodged Proposed Order. (jp) (Entered: 10/15/2015)

10/01/2015 101 PROOF OF SERVICE filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company, re Notice of Manual Filing (G-92), 99 served on September 29, 2015. (Marmalefsky, Dan) (Entered: 10/01/2015)

10/01/2015 102 PROOF OF SERVICE filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company, re Notice of Manual Filing (G-92), 99 served on September 30, 2015. (Marmalefsky, Dan) (Entered: 10/01/2015)

10/01/2015 103 Joint STIPULATION for Order Setting Briefing Schedule on Defendant's Motion to Disqualify Plaintiff's Counsel filed by Defendant Staar Surgical Company. (Attachments: # 1 Proposed Order Granting Stipulation)(Marmalefsky, Dan) (Entered: 10/01/2015)

10/02/2015 104 ORDER GRANTING Joint Stipulation Setting Briefing Schedule on Defendant's Motion to Disqualify Plaintiff's Counsel 103 by Judge Michael W. Fitzgerald, as follows: (1) Plaintiff shall file his opposition to STAAR's motion to disqualify on or before October 19, 2015; and (2) STAAR shall file its reply in support of its motion to disqualify on or before November 2, 2015. (jp) (Entered: 10/02/2015)

10/13/2015 106 ORDER GRANTING APPLICATION to File Under Seal - Pursuant to Oral Order at March 20, 2015 Deposition - Exhibits to Declaration of Dan Marmalefsky in support of Defendant's Motion to Disqualify Plaintiff's Counsel and Corresponding Portions of Motion 105 by Judge Michael W. Fitzgerald. (jp) (Entered: 10/15/2015)

10/13/2015 107 SEALED DOCUMENT- Defendant Staar Surgical Company's MOTION to Disqualify Plaintiff's Counsel. (mat) (Entered: 10/19/2015)

10/13/2015 108 SEALED DOCUMENT- DECLARATION of Dan Marmalefsky in Support of Defendant Staar Surgical Company's MOTION to Disqualify Plaintiff's Counsel. (Attachments: Part 2, Part 3)(mat) (Entered: 10/19/2015)

10/19/2015 109 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 96 LEAD PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS CORRECTED SECOND AMENDED COMPLAINT filed by Plaintiff Edward Todd. (Wernke, Michael) (Entered: 10/19/2015)

10/19/2015 110 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 96 LEAD PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS CORRECTED SECOND AMENDED COMPLAINT filed by Plaintiff Edward Todd. (Attachments: # 1 Declaration)(Wernke, Michael) (Entered: 10/19/2015)

10/20/2015 111 NOTICE of Manual Filing filed by Plaintiff Edward Todd of Documents Related to Plaintiff's Opposition to Defendants' Motion to Disqualify. (Wernke, Michael) (Entered: 10/20/2015)

10/20/2015 112 OPPOSITION to NOTICE OF MOTION AND MOTION to Disqualify Counsel Plaintiff's Counsel 98 LEAD PLAINTIFFS OPPOSITION TO STAAR SURGICALS MOTION TO DISQUALIFY LEAD PLAINTIFFS COUNSEL [REDACTED

VERSION] filed by Plaintiff Edward Todd. (Attachments: # 1 Declaration of Michael Wernke, # 2 Declaration of Ellen Yaroshefsky)(Wernke, Michael) (Entered: 10/20/2015)

10/20/2015 113 APPLICATION to File Under Seal Pursuant to Oral Order at March 20, 2015 Deposition Plaintiff Opposition to Staar Motion to Disqualify Lead Plaintiff Counsel filed by Plaintiff Edward Todd. (jp) (Entered: 10/21/2015)

10/21/2015 114 ORDER GRANTING Application to File Under Seal Pursuant to Oral Order at March 20, 2015 Deposition Plaintiff Opposition to Staar Motion to Disqualify Lead Plaintiff Counsel 113 by Judge Michael W. Fitzgerald. (jp) (Entered: 10/21/2015)

10/21/2015 115 SEALED DOCUMENT- LEAD PLAINTIFF'S OPPOSITION to STAAR SURGICAL'S Motion to Disqualify Lead Plaintiff's Counsel. (mat) (Entered: 10/22/2015)

10/21/2015 116 SEALED DOCUMENT- DECLARATION of Professor Ellen Yaroshefsky in Support of Plaintiff's Opposition to STAAR SURGICAL COMPANY's Motion to Disqualify Plaintiff's Counsel. (mat) (Entered: 10/22/2015)

10/21/2015 117 SEALED DOCUMENT- DECLARATION of Michael J. Wernke in Opposition to Motion for Disqualification. (mat) (Entered: 10/22/2015)

11/02/2015 118 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case 96 filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. (Attachments: # 1 Declaration Marmalefsky ISO Reply to Motion to Dismiss, # 2 Exhibit P to Decl Marmalefsky ISO Reply to Motion to Dismiss)(Marmalefsky, Dan) (Entered: 11/02/2015)

11/02/2015 119 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case 96 IN SUPPORT OF REPLY filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. (Marmalefsky, Dan) (Entered: 11/02/2015)

11/02/2015 120 NOTICE of Manual Filing filed by Defendant Staar Surgical Company of Reply in Support of Motion to Disqualify. (Marmalefsky, Dan) (Entered: 11/02/2015)

11/02/2015 121 REPLY in support NOTICE OF MOTION AND MOTION to Disqualify Counsel Plaintiff's Counsel 98 filed by Defendant Staar Surgical Company. (Marmalefsky, Dan) (Entered: 11/02/2015)

11/02/2015 123 APPLICATION File Under Seal - Pursuant to Oral Order at March 20, 2015 Deposition - Portions of Reply in support of Defendant's Motion to Disqualify Plaintiff's Counsel filed by Defendant Staar Surgical Company. (jp) (Entered: 11/10/2015)

11/03/2015 122 PROOF OF SERVICE filed by Defendant Staar Surgical Company, served on November 2, 2015. (Marmalefsky, Dan) (Entered: 11/03/2015)

11/09/2015 124 ORDER GRANTING APPLICATION to File Under Seal - Pursuant to Oral Order at March 20, 2015 Deposition - Portions of Reply in support of Defendant's Motion to Disqualify Plaintiff's Counsel 123 by Judge Michael W. Fitzgerald. (jp) (Main Document 124 replaced on 11/12/2015) (kss). (Entered: 11/10/2015)

11/09/2015 125 SEALED DOCUMENT - DEFENDANT STAAR SURGICAL COMPANY'S REPLY in support of MOTION to Disqualify Counsel Plaintiff's Counsel. FILED UNDER SEAL - SEALED. (jp) (Entered: 11/13/2015)

11/13/2015 126 SCHEDULING NOTICE ADVANCING TIME OF HEARING ONLY by Judge Michael W. Fitzgerald. On the Court's own motion, the Motions 96 98 107 hearing is ADVANCED to 9:00 a.m., on November 16, 2016. Counsel are ordered to be present at this date and time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 11/13/2015)

11/16/2015 127 MINUTES OF Motion to Dismiss 96 ; Motion of Defendant Staar Surgical Company to Disqualify Plaintiff Counsel 98 , 107 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Maria Bustillos. (jp) (Entered: 11/17/2015)

11/17/2015 128 TRANSCRIPT ORDER as to Defendant Staar Surgical Company for Court Reporter. Court will contact Kai Bartolomeo at kbartolomeo@mofo.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Marmalefsky, Dan) (Entered: 11/17/2015)

11/18/2015 129 TRANSCRIPT ORDER as to Plaintiff Edward Todd for Court Reporter. Court will contact Michael J. Wernke at mjwernke@pomlaw.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Wernke, Michael) (Entered: 11/18/2015)

03/08/2016 130 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case 96 DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. (Attachments: # 1 Exhibit EXHIBIT A)(Marmalefsky, Dan) (Entered: 03/08/2016)

03/14/2016 131 RESPONSE filed by Plaintiff Edward Toddto Supplement(Motion related), 130 LEAD PLAINTIFFS RESPONSE TO DEFENDANTS NOTICE OF SUPPLMNTAL [SIC] AUTHORITY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS CORRECTED SECOND AMENDED COMPLAINT (Wernke, Michael) (Entered: 03/14/2016)

04/04/2016 132 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Disqualify Counsel Plaintiff's Counsel 98 LEAD PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO STAAR SURGICALS MOTION TO DISQUALIFY LEAD PLAINTIFFS COUNSEL filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit A)(Wernke, Michael) (Entered: 04/04/2016)

04/05/2016 133 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Disqualify Counsel Plaintiff's Counsel 98 filed by Defendant Staar Surgical Company. (Marmalefsky, Dan) (Entered: 04/05/2016)

04/12/2016 134 MINUTE ORDER (IN CHAMBERS) by Judge Michael W. Fitzgerald: Defendants' Motion to Dismiss Case 96 is DENIED. Defendants shall answer the Second Amended Complaint by 5/2/2016. IT IS SO ORDERED. (cw) (Entered: 04/12/2016)

04/12/2016 135 MINUTE ORDER (IN CHAMBERS) by Judge Michael W. Fitzgerald: Defendant STARR Surgical Company's Motion to Disqualify Counsel 98 is DENIED. The Court will arrange a telephonic status conference in the near future to discuss the mechanics of compliance with the ordered relief, and to discuss a schedule for the ongoing litigation. IT IS SO ORDERED. (cw) (Entered: 04/12/2016)

04/14/2016 136 SCHEDULING NOTICE by Judge Michael W. Fitzgerald: On the Court's own motion, and after conferring with counsel, a Telephonic Status Conference is set for 4/19/2016 at 11:30 AM before Judge Michael W. Fitzgerald. The Courtroom Deputy Clerk will email call-in instructions to counsel. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY (Entered: 04/14/2016)

04/19/2016 137 MINUTES OF TELEPHONIC STATUS CONFERENCE before Judge Michael W. Fitzgerald: The Status Conference is held. The Court sets the Scheduling Conference on 5/16/2016 at 11:00 AM. Counsel shall contact Ms. Sanchez if they would like to appear telephonically. The Scheduling Conference Order will issue under separate cover. Court Reporter: Naren L. Jansen. (jp) (Entered: 04/19/2016)

04/19/2016 138 SETTING SCHEDULING CONFERENCE. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a Scheduling Conference on 5/16/2016 at 11:00 AM. (jp) (Entered: 04/19/2016)

04/25/2016 139 DECLARATION of Michael J. Wernke re Order on Motion to Disqualify Counsel, 135 DECLARATION OF MICHAEL J. WERNKE PURSUANT TO THE COURTS APRIL 12, 2016 ORDER DENYING DEFENDANTS MOTION TO DISQUALIFY filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit A)(Wernke, Michael) (Entered: 04/25/2016)

04/29/2016 140 BRIEF filed by Defendant Staar Surgical Company. Regarding Sealing of Courts April 12, 2016 Order On Defendants Motion To Disqualify Counsel [Dkt. No. 135 *Sealed*], Per Courts Instructions At April 19, 2016, Telephonic Status Conference regarding Status Conference,, Set/Reset Hearing, 137 , Order on Motion to Disqualify Counsel, 135 . (Marmalefsky, Dan) (Entered: 04/29/2016)

04/29/2016 141 APPLICATION to file document Copy Of Courts Under Seal Order Denying Motion To Disqualify Counsel [Dkt. No. 135 *Sealed*] Re Docket 140 under seal filed by Defendant Staar Surgical Company. (Attachments: # 1 Redacted Document Exhibit A-1 Redacted copy of STAARs highlighted version of the Courts Order, # 2 Proposed Order)(Marmalefsky, Dan) (Entered: 04/29/2016)

04/29/2016 142 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Copy Of Courts Under Seal Order Denying Motion To Disqualify Counsel [Dkt. No. 135 *Sealed*] Re Docket 140 under seal APPLICATION to file document Copy Of Courts Under Seal Order Denying Motion To Disqualify Counsel [Dkt. No. 135 *Sealed*] Re Docket 140 under seal 141 filed by Defendant Staar Surgical Company. (Attachments: # 1 Unredacted Document Exhibit A-2 Unredacted copy of STAAR's highlighted version of the Court's Order)(Marmalefsky, Dan) (Entered: 04/29/2016)

04/29/2016 143 CERTIFICATE OF SERVICE filed by Defendant Staar Surgical Company, re Sealed Declaration in SupportDeclaration,, 142 served on 04/29/2016. (Marmalefsky, Dan) (Entered: 04/29/2016)

05/02/2016 144 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Edward Todd.. (Attachments: # 1 Exhibit A)(Wernke, Michael) (Entered: 05/02/2016)

05/02/2016 145 RESPONSE filed by Plaintiff Edward Toddto Brief (non-motion non-appeal), 140 LEAD PLAINTIFFS RESPONSE TO DEFENDANT STAAR SURGICAL COMPANYS REQUEST TO SEAL PORTIONS OF COURTS APRIL 12, 2016 ORDER (Wernke, Michael) (Entered: 05/02/2016)

05/02/2016 146 ANSWER to Amended Complaint/Petition 89 JURY DEMAND. Defendant John Santos's Answer to Plaintiff Edward Todd's Corrected Second Amended Complaint for Violations of the Federal Securities Law filed by Defendant John Santos.(Marmalefsky, Dan) (Entered: 05/02/2016)

05/02/2016 147 ANSWER to Amended Complaint/Petition 89 Defendant Barry G. Caldwell's Answer to Plaintiff Edward Todd's Corrected Second Amended Complaint for Violations of the Federal Securities Law filed by Defendant Barry G. Caldwell.(Marmalefsky, Dan) (Entered: 05/02/2016)

05/02/2016 148 ANSWER to Amended Complaint/Petition 89 Defendant Staar Surgical Company's Answer to Plaintiff Edward Todd's Corrected Second Amended Complaint for Violations of the Federal Securities Law filed by Defendant Staar Surgical Company.(Marmalefsky, Dan) (Entered: 05/02/2016)

05/05/2016 149 REPLY filed by Defendant Staar Surgical Company to Brief (non-motion non-appeal), 140 Regarding Sealing of Courts April 12, 2016 Order on Defendants Motion to Disqualify Counsel [Dkt. No. 135 *Sealed*], Per Courts Instructions at April 19, 2016 Telephonic Status Conference (Marmalefsky, Dan) (Entered: 05/05/2016)

05/16/2016 150 MINUTES OF SCHEDULING CONFERENCE before Judge Michael W. Fitzgerald: The Scheduling Conference held. The Court sets dates. Please see separate Order Re Jury Trial, also filed today. Court Reporter: Naren L. Jansen. (jp) (Entered: 05/17/2016)

05/16/2016 151 ORDER/REFERRAL to ADR Procedure No 3 by Judge Michael W. Fitzgerald. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. The ADR proceeding is to be completed no later than: October 27, 2017. For ADR Procedure No. 3, counsel are responsible for contacting the private mediator at the appropriate time to arrange for further proceedings. (lom) (Entered: 05/17/2016)

05/16/2016 152 ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. SEE THE SECOND PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (jp) (Entered: 05/17/2016)

06/09/2016 153 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been

reassigned to Magistrate Judge Gail J. Standish for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:14-cv-05263 MWF(GJSx). (rn) (Entered: 06/09/2016)

06/10/2016 154 STIPULATION for Protective Order filed by Plaintiff Edward Todd. (Attachments: # 1 Proposed Order)(Wernke, Michael) (Entered: 06/10/2016)

07/19/2016 155 MINUTES (In Chambers): ORDER Re Application to Seal court order 141 by Judge Michael W. Fitzgerald: The Application is GRANTED in part and DENIED in part. A redacted version of the Order will be filed concurrently with this ruling. (jp) (Entered: 07/19/2016)

07/20/2016 156 MINUTE (In Chambers): [REDACTED] ORDER DENYING DEFENDANTS MOTION TO DISQUALIFY COUNSEL 98 by Judge Michael W. Fitzgerald: The Motion 98 is DENIED. Lead Plaintiff and Mr. Wernke are ORDERED by April 25, 2016. (jp) (Entered: 07/20/2016)

08/19/2016 157 NOTICE OF MOTION AND MOTION to Certify Class LEAD PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Lead Plaintiff Edward Todd. Motion set for hearing on 12/12/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order) (Wernke, Michael) (Entered: 08/19/2016)

08/19/2016 158 DECLARATION of Michael J. Wernke in Support of NOTICE OF MOTION AND MOTION to Certify Class LEAD PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 157 filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit A)(Wernke, Michael) (Entered: 08/19/2016)

08/22/2016 159 DECLARATION of Michael J. Wernke in Support of NOTICE OF MOTION AND MOTION to Certify Class LEAD PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 157 SUPPLEMENTAL DECLARATION OF MICHAEL J. WERNKE IN SUPPORT OF LEAD PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit B)(Wernke, Michael) (Entered: 08/22/2016)

09/20/2016 160 Joint STIPULATION for Extension of Time to File Response and Reply as to NOTICE OF MOTION AND MOTION to Certify Class LEAD PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 157 filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. (Attachments: # 1 Declaration Kai S. Bartolomeo, # 2 Proposed Order)(Bartolomeo, Kai) (Entered: 09/20/2016)

09/22/2016 161 ORDER GRANTING Joint Stipulation Re: Briefing schedule on Lead Plaintiff Motion for Class Certification 160 by Judge Michael W. Fitzgerald as follows: (1) Defendants shall file their opposition to Plaintiff Motion for Class Certification on or before October 25, 2016; and (2) Plaintiff shall file his reply in support of his Motion for Class Certification on or before November 23, 2016. (jp) (Entered: 09/26/2016)

10/25/2016 162 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class LEAD PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 157 filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. (Attachments: # 1 Request for Judicial Notice, # 2 Declaration of Dan Marmalefsky, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Proposed Order Re Request for Judicial Notice)(Marmalefsky, Dan) (Entered: 10/25/2016)

11/10/2016 163 NOTICE TO PARTIES by District Judge Michael W. Fitzgerald. Effective November 17, 2016, Judge Fitzgerald will be located at the 1st Street Courthouse, COURTROOM 5A on the 5th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 5A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 11/10/2016)

11/23/2016 164 REPLY In further support NOTICE OF MOTION AND MOTION to Certify Class LEAD PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 157 filed by Plaintiff Edward Todd. (Attachments: # 1 Declaration, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E)(Wernke, Michael) (Entered: 11/23/2016)

12/09/2016 165 NOTICE by Magistrate Judge Gail J. Standish scheduling a Pre-Discovery Motion Telephone Conference for 12/28/2016 11:00 AM before Magistrate Judge Gail J. Standish. The Court will initiate the call with counsel. Counsel shall notify the Court Clerk via email at earlene_carson@cacd.uscourts.gov of the name and contact telephone number for each counsel appearing on the call.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY (Entered: 12/09/2016)

12/12/2016 166 MINUTES OF Lead Plaintiff Motion for Class Certification 157 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Nichole Forrest. (jp) (Entered: 12/12/2016)

12/28/2016 167 MINUTES OF Pre-Discovery Motion Telephone Conference held before Magistrate Judge Gail J. Standish, re: Parties' Email of December 8, 2016. See Order for details. Court Recorder: CS 12/28/2016. (dml) (Entered: 01/04/2017)

01/05/2017 168 MINUTES (IN CHAMBERS) by Judge Michael W. Fitzgerald: granting 157 MOTION to Certify Class Action. Lead Plaintiffs Motion is GRANTED. The Court

certifies a class of all investors who acquired STAAR securities between November 1, 2013 and June 30, 2014, appoints Lead Plaintiff Edward Todd as class representative, and appoints Pomerantz LLP as class counsel. (shb) (Entered: 01/05/2017)

06/06/2017 169 TEXT ONLY ENTRY: NOTICE TO PARTIES: Effective June 1, 2017, Judge Standish is located at the Edward R. Roybal Federal Building, COURTROOM 640 on the 6th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 640 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY (Entered: 06/06/2017)

06/20/2017 170 EX PARTE APPLICATION for Settlement Approval of PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT LEAD PLAINTIFFS EX PARTE AND UNOPPOSED APPLICATION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Lead Plaintiff Edward Todd. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2) (Wernke, Michael) (Entered: 06/20/2017)

06/27/2017 171 NOTICE 06/27/2017 filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. Notice of Compliance with Class Action Fairness Act Notice Provisions (Attachments: # 1 Exhibit A)(Marmalefsky, Dan) (Entered: 06/27/2017)

06/28/2017 172 MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: For the reasons stated herein, the Ex Parte Application for Preliminary Approval of Class Action Settlement 170 is GRANTED in part. A hearing on the application is set for 7/6/2017 at 2:00 p.m. (cw) (Entered: 06/28/2017)

07/05/2017 173 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Hearing on the Ex Parte Application set for July 6, 2017 at 2pm is VACATED. The Court will issue an order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY (Entered: 07/05/2017)

07/10/2017 174 MINUTE (In Chambers): ORDER APPROVING Preliminarily the Settlement of a Class Action 170 by Judge Michael W. Fitzgerald: The preliminary settlement is APPROVED and the notice and plan of dissemination are APPROVED. The Court will hold a Final Approval Hearing pursuant to FRCP 23(e) on October 9, 2017 in Courtroom 5A, United States District Court, 350 West First Street, Los Angeles, California 90012, at 11:30 AM. The Proposed Order Granting Plaintiffs' Motion for Preliminary Approval of Class Action Settlement (Docket No. 170-3) is adopted and incorporated into this Order, as Exhibit A. (jp) (Entered: 07/10/2017)

07/11/2017 175 MINUTE (In Chambers): AMENDED ORDER APPROVING Preliminarily the Settlement of a Class Action 170 by Judge Michael W. Fitzgerald: The preliminary settlement is APPROVED and the notice and plan of dissemination are APPROVED. The Court will hold a Final Approval Hearing pursuant to FRCP 23(e) on 10/16/2017 in Courtroom 5A, United States District Court, 350 West First Street, Los Angeles, California 90012, at 11:30 AM. The Proposed Order Granting Plaintiffs' Motion for Preliminary Approval of Class Action Settlement (Docket No. 170-3) is adopted and incorporated into this Order, as Exhibit A. (jp) (Entered: 07/11/2017)

09/11/2017 176 NOTICE OF MOTION AND MOTION for Settlement Approval NOTICE OF MOTION AND MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION filed by Plaintiff Edward Todd. Motion set for hearing on 10/16/2017 at 11:30 AM before Judge Michael W. Fitzgerald. (Wernke, Michael) (Entered: 09/11/2017)

09/11/2017 177 NOTICE OF MOTION AND MOTION for Attorney Fees CLASS COUNSELS NOTICE OF MOTION FOR AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF LITIGATION EXPENSES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION filed by Plaintiff Edward Todd. Motion set for hearing on 10/16/2017 at 11:30 AM before Judge Michael W. Fitzgerald. (Wernke, Michael) (Entered: 09/11/2017)

09/11/2017 178 DECLARATION of Michael J. Wernke in Support of NOTICE OF MOTION AND MOTION for Settlement Approval NOTICE OF MOTION AND MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION 176 , NOTICE OF MOTION AND MOTION for Attorney Fees CLASS COUNSELS NOTICE OF MOTION FOR AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF LITIGATION EXPENSES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION 177 filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5A, # 6 Exhibit 5B)(Wernke, Michael) (Entered: 09/11/2017)

10/02/2017 179 STIPULATION to Continue Final Approval Hearing from October 16, 2017 to October 23, 2017 Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, 175 filed by Defendants Barry G. Caldwell, John Santos, Staar Surgical Company. (Attachments: # 1 Proposed Order)(Marmalefsky, Dan) (Entered: 10/02/2017)

10/03/2017 180 ORDER GRANTING 179 JOINT STIPULATION TO CONTINUE FINAL APPROVAL HEARING RE: SETTLEMENT AND MOTION FOR ATTORNEYS' FEES 177 FROM OCTOBER 16, 2017, TO OCTOBER 23, 2017 by Judge Michael W. Fitzgerald. The Court hereby ORDERS as follows: 1. The Final Approval Hearing and Motion for Attorneys' Fees 177 is continued from October 16, 2017, at 11:30 a.m., to October 23, 2017, at 11:30 a.m.; and 2. The deadline for making any submission in response to any objections or in further support of the settlement, the plan of allocation and any application for attorneys' fees or expenses or a compensatory award to Lead Plaintiff is continued from October 6, 2017, to and including October 16, 2017. IT IS SO ORDERED. (lom) (Entered: 10/03/2017)

10/16/2017 181 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Settlement Approval NOTICE OF MOTION AND MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION 176 , NOTICE OF MOTION AND MOTION for Attorney Fees CLASS COUNSELS NOTICE OF MOTION FOR AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF LITIGATION EXPENSES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION 177 filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Proposed Order)(Wernke, Michael) (Entered: 10/16/2017)

10/23/2017 183 JUDGMENT APPROVING CLASS ACTION SETTLEMENT AND DISMISSING THIS ACTION WITH PREJUDICE by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: The Court has jurisdiction over the subject matter and personal jurisdiction over the parties to the Action, including the Class Members. The Settlement Amount is $7 million. Plaintiff's Counsel are awarded attorneys fees in the amount of $7 million and expenses, including experts fees and expenses, in the amount of $350,000, such amounts to be paid from out of the Gross Settlement Fund no later than five (5) business days following the entry of this Order. Lead Plaintiff is awarded the sum of $10,000, as reasonable costs and expenses directly relating to the representation of the Class as provided in 15 USC section 78u-4(a)(4), such amounts to be paid from out of the Gross Settlement Fund no later than five (5) business days following the entry of this Order. (SEE ATTACHMENT OF THIS JUDGMENT FOR FURTHER DETAILS). (MD JS-6, Case Terminated). (jp) Modified on 10/25/2017 (jp). (Entered: 10/24/2017)

10/23/2017 184 MINUTES OF Plaintiffs Motion for Final approval for Class Action Settlement and Plan of Allocation 176 and Motion for Award of Attorneys Fees and Reimbursement of Litigation Expenses 177 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel make their appearance. The Court hears from counsel and grants the motions. An order and judgment will issue. Court Reporter: Amy Diaz. (jp) (Entered: 10/24/2017)

10/23/2017 185 AMENDED JUDGMENT APPROVING CLASS ACTION SETTLEMENT AND DISMISSING THIS ACTION WITH PREJUDICE by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: The Court has jurisdiction over the subject matter and personal jurisdiction over the parties to the Action, including the Class Members. The Settlement Amount is $7 million. Plaintiff's Counsel are awarded attorneys' fees in the amount of $1,750,000 and expenses, including experts' fees and expenses, in the amount of $216,239.71, such amounts to be paid from out of the Gross Settlement Fund nolater than five (5) business days following the entry of this Order. Lead Plaintiff is awarded the sum of $10,000, as reasonable costs and expenses directly relating to the representation of the Class as provided in 15 USC section 78u-4(a)(4), such amounts to be paid from out of the Gross Settlement Fund no later than five (5) business days following the entry of this Order. (SEE ATTACHMENT OF THIS JUDGMENT FOR FURTHER DETAILS). (jp) (Entered: 10/25/2017)

10/24/2017 182 MINUTES (In Chambers): ORDER GRANTING Motion for Final approval fo Class Action Settlement and Plan of Allocation 176 and Motion for Award of Attorneys Fees and Reimbursement of Litigation Expenses 177 by Judge Michael W. Fitzgerald: The Court GRANTS the Settlement Motion and the Fee Motion. The Court awards Class Counsel $1,750,000 in fees and $216,239.71 costs, to be paid from the settlement fund. The Court awards Lead Plaintiff Edward Todd an incentive payment of $10,000. A separate judgment will issue. (jp) (Entered: 10/24/2017)

04/03/2018 186 NOTICE OF MOTION AND MOTION for Disbursement of Funds CLASS SETTLEMENT FUNDS filed by Lead Plaintiff Edward Todd. Motion set for hearing on 5/14/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order) (Wernke, Michael) (Entered: 04/03/2018)

04/03/2018 187 DECLARATION of Michael J. Wernke in support of NOTICE OF MOTION AND MOTION for Disbursement of Funds CLASS SETTLEMENT FUNDS 186 filed by Plaintiff Edward Todd. (Attachments: # 1 Exhibit 1)(Wernke, Michael) (Entered: 04/03/2018)

05/09/2018 188 MINUTES (IN CHAMBERS) COURT ORDER TAKING HEARING ON MOTION FOR DISTRIBUTION OF CLASS SETTLEMENT FUNDS 186 OFFCALENDAR AND UNDER SUBMISSION by Judge Michael W. Fitzgerald. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for May 14, 2018, is vacated and taken off calendar. (iv) (Entered: 05/09/2018)

05/11/2018 189 ORDER GRANTING PLAINTIFFS MOTION FOR DISTRIBUTION OF SETTLEMENT FUNDS by Judge Michael W. Fitzgerald: (See order for further details) (yl) (Entered: 05/11/2018)

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