UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF...

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US District Court Civil Docket as of November 24, 2015 Retrieved from the court on November 24, 2015 UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:14-cv-02850-DSF-JCG Plaintiff Abdul Awad Individually and on Behalf of All Others Similarly Situated Date Filed: 04/14/2014 Date Terminated: 11/24/2015 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Goldberg Law PC 13650 Marina Pointe Drive, Suite 708 Marina del Rey, CA 90292 800-977-7401 Fax: 800-536-0065 Email: [email protected] LEAD ATTORNEY 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: [email protected] 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: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Jeremy A Lieberman Pomerantz LLP 600 Third Avenue 20th Floor Abdul Awad v. Herbalife Ltd. et al Assigned to: Judge Dale S. Fischer Referred to: Magistrate Judge Jay C. Gandhi Cause: 15:78m(a) Securities Exchange Act represented by Michael M Goldberg

Transcript of UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF...

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US District Court Civil Docket as of November 24, 2015 Retrieved from the court on November 24, 2015

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

CIVIL DOCKET FOR CASE #: 2:14-cv-02850-DSF-JCG

Plaintiff

Abdul Awad Individually and on Behalf of All Others Similarly Situated

Date Filed: 04/14/2014 Date Terminated: 11/24/2015 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Goldberg Law PC 13650 Marina Pointe Drive, Suite 708 Marina del Rey, CA 90292 800-977-7401 Fax: 800-536-0065 Email: [email protected] LEAD ATTORNEY 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: [email protected] 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: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Jeremy A Lieberman Pomerantz LLP 600 Third Avenue 20th Floor

Abdul Awad v. Herbalife Ltd. et al Assigned to: Judge Dale S. Fischer Referred to: Magistrate Judge Jay C. Gandhi Cause: 15:78m(a) Securities Exchange Act

represented by Michael M Goldberg

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New York, NY 10016 212-661-1100 Fax: 212-661-8665 Email: [email protected] 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: [email protected] 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: [email protected] ATTORNEY TO BE NOTICED

V.

Movant

Davin Pokoik

Movant

Oklahoma Firefighters Pension and Retirement System

represented by Michael M Goldberg (See above for address) ATTORNEY TO BE NOTICED

represented by Michael M Goldberg (See above for address) ATTORNEY TO BE NOTICED

represented by Lester R Hooker Saxena White PA 5200 Town Center Circle Suite 601 Boca Raton, FL 33486 561-394-3399 Fax: 561-394-3382 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant

Karen Richardson

Brandon T Grzandziel

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Saxena White PA 5200 Town Center Circle Suite 601 Boca Raton, FL 33486 561-206-6707 Fax: 561-394-3382 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Jon A Tostrud Tostrud Law Group PC 1925 Century Park East Suite 2125 Los Angeles, CA 90067 310-278-2600 Fax: 310-278-2640 Email: [email protected] ATTORNEY TO BE NOTICED

Maya Saxena Saxena White PA Boca Center 5200 Town Center Circle Suite 601 Boca Raton, FL 33486 561-394-3399 Fax: 561-394-3382 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Movant

City of Atlanta Firefighters' Pension Fund

represented by Brandon T Grzandziel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jon A Tostrud (See above for address) ATTORNEY TO BE NOTICED

Maya Saxena (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

V.

Defendant

Herbalife Ltd. represented by Daniel S Floyd Gibson Dunn and Crutcher LLP 333 South Grand Avenue 46th Floor

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Los Angeles, CA 90071 213-229-7000 Fax: 213-229-7520 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan C Dickey Gibson Dunn and Crutcher LLP 1881 Page Mill Road Palo Alto, CA 94304-1211 650-849-5300 Fax: 650-849-5333 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander K Mircheff Gibson Dunn and Crutcher LLP 333 South Grand Avenue Los Angeles, CA 90071-3197 213-229-7000 Fax: 213-229-7520 Email: [email protected] ATTORNEY TO BE NOTICED

Sarah L Kushner Gibson Dunn and Crutcher LLP 200 Park Avenue New York, NY 10166 212-351-3822 Fax: 212-716-0822 Email: [email protected] TERMINATED: 08/28/2015 PRO HAC VICE

Defendant

Michael O. Johnson represented by Daniel S Floyd (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan C Dickey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander K Mircheff (See above for address) ATTORNEY TO BE NOTICED

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Sarah L Kushner (See above for address) TERMINATED: 08/28/2015 PRO HAC VICE

Defendant

Desmond Walsh represented by Daniel S Floyd (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan C Dickey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander K Mircheff (See above for address) ATTORNEY TO BE NOTICED

Sarah L Kushner (See above for address) TERMINATED: 08/28/2015 PRO HAC VICE

Defendant

John DeSimone represented by Daniel S Floyd (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan C Dickey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander K Mircheff (See above for address) ATTORNEY TO BE NOTICED

Sarah L Kushner (See above for address) TERMINATED: 08/28/2015 PRO HAC VICE

Defendant

Richard Goudis represented by Daniel S Floyd (See above for address) LEAD ATTORNEY

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ATTORNEY TO BE NOTICED

Jonathan C Dickey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander K Mircheff (See above for address) ATTORNEY TO BE NOTICED

Sarah L Kushner (See above for address) TERMINATED: 08/28/2015 PRO HAC VICE

Date Filed # Docket Text

04/14/2014 1 COMPLAINT Receipt No: 0973-13660839 - Fee: $400, filed by Plaintiff Abdul Awad.(Attorney Lionel Zevi Glancy added to party Abdul Awad(pty:pla))(Glancy, Lionel) (Entered: 04/14/2014)

04/14/2014

04/14/2014

04/14/2014

04/14/2014

04/14/2014

04/14/2014

04/14/2014

2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Abdul Awad. (Glancy, Lionel) (Entered: 04/14/2014)

3 CIVIL COVER SHEET filed by Plaintiff Abdul Awad. (Glancy, Lionel) (Entered: - 04/14/2014)

4 NOTICE of Interested Parties filed by Plaintiff Abdul Awad, (Glancy, Lionel) (Entered: - 04/14/2014)

5 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge - Jay C. Gandhi. (et) (Entered: 04/14/2014)

6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: - 04/14/2014)

7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants John DeSimone, Richard Goudis, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. (et) (Entered: 04/14/2014)

8 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Marc I Gross for Plaintiff Abdul Awad. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) (Entered: 04/14/2014)

04/14/2014

9 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Jeremy A Lieberman for Plaintiff Abdul Awad. Pro Hac Vice application has not been received

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by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) (Entered: 04/14/2014)

04/14/2014 10 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Patrick V Dahlstrom for Plaintiff Abdul Awad. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) (Entered: 04/14/2014)

04/24/2014 11 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 08-05. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Dale S. Fischer for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 14-02850 DSF(JCGx). (rn) (Entered: 04/24/2014)

04/24/2014 12 INITIAL STANDING ORDER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Courts website under Judge Fischer's Procedures and Schedules contained in the Judges Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. (dp) (Entered: 04/24/2014)

04/24/2014 13 TEXT ONLY ENTRY: (IN CHAMBERS) NOTICE: Judge Dale S. Fischer is participating in a pilot program regarding the submission of sealed documents. Effective July 8, 2013, all proposed documents related to under seal filings must be submitted via e-mail to the Judges Chambers e-mail at [email protected] . Please refer to the judges pilot program procedures for detailed instructions for submission of sealed documents THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY (Entered: 04/24/2014)

05/20/2014 14 APPLICATION for attorney Patrick V. Dahlstrom to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13840743 paid.) filed by Plaintiff Abdul Awad. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Proposed Order)(Glancy, Lionel) (Entered: 05/20/2014)

05/21/2014 15 APPLICATION for attorney Jeremy A. Lieberman to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13846568 paid.) filed by Plaintiff Abdul Awad. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Proposed Order)(Glancy, Lionel) (Entered: 05/21/2014)

05/21/2014 16 APPLICATION for attorney Francis P. McConville to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13846607 paid.) filed by Plaintiff Abdul Awad. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Proposed Order)(Glancy, Lionel) (Entered: 05/21/2014)

05/22/2014 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:

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APPLICATION for attorney Patrick V. Dahlstrom to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13840743 paid.) 14 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Applicant did not supply Good Standing Certificates for each of the state bar for each of the states that the attorney is admitted of that particular state bar. See LR 83-2.1.3.3 (IL). 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. (lt) (Entered: 05/22/2014)

05/22/2014 18 ORDER by Judge Dale S. Fischer: granting 15 Application to Appear Pro Hac Vice by Attorney Jeremy A. Lieberman on behalf of Plaintiff, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 05/23/2014)

05/22/2014 19 ORDER by Judge Dale S. Fischer: granting 16 Application to Appear Pro Hac Vice by Attorney Francis P. McConville on behalf of Plaintiff, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 05/23/2014)

05/22/2014 21 ORDER by Judge Dale S. Fischer: granting 14 Application to Appear Pro Hac Vice by Attorney Patrick V. Dahlstrom on behalf of Plaintiffs, designating Lionel Z. Glancy as local counsel. (lt) (Entered: 05/30/2014)

05/29/2014 20 NOTICE OF LODGING filed of Certificate of Good Standing re APPLICATION for attorney Patrick V. Dahlstrom to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13840743 paid.) 14 (Attachments: # 1 Exhibit - Certificate of Good Standing)(Glancy, Lionel) (Entered: 05/29/2014)

06/05/2014 22 STIPULATION for Order Regarding Response to Plaintiff's Complaint filed by Defendant John DeSimone, Richard Goudis, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. (Attachments: # 1 Proposed Order Granting Stipulation Regarding Response to Plaintiff's Complaint)(Attorney Jonathan C Dickey added to party John DeSimone(pty:dft), Attorney Jonathan C Dickey added to party Richard Goudis(pty:dft), Attorney Jonathan C Dickey added to party Herbalife Ltd.(pty:dft), Attorney Jonathan C Dickey added to party Michael O. Johnson(pty:dft), Attorney Jonathan C Dickey added to party Desmond Walsh(pty:dft))(Dickey, Jonathan) (Entered: 06/05/2014)

06/05/2014 23 CORPORATE DISCLOSURE STATEMENT filed by Defendants John DeSimone, Richard Goudis, Herbalife Ltd., Michael O. Johnson, Desmond Walsh (Dickey, Jonathan) (Entered: 06/05/2014)

06/06/2014 24 ORDER by Judge Dale S. Fischer, re Stipulation Regarding Response to Plaintiff's Complaint 22 . The Court orders as follows: 1. All deadlines presently outstanding in this Action, including deadlines set by Court Rule, are hereby vacated. 2. Defendants shall not be required to answer, move, or otherwise respond to the Complaint. 3. Within 14 days following the entry of the Courts order appointing Lead Plaintiff, the designated Lead Plaintiff and Defendants shall meet and confer regarding a deadline for an amended complaint and a briefing schedule for any motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. 4. This Order is without prejudice to the parties hereto agreeing, subject to Court approval, to a further extension of time regarding any of the deadlines established herein if circumstances warrant.5. The parties reserve all other rights. (shb) (Entered: 06/09/2014)

06/14/2014 25 NOTICE OF MOTION AND MOTION for Appointment of Counsel and Appointment of Lead Plaintiff filed by Movants Davin Pokoik, Karen Richardson. Motion set for

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hearing on 7/14/2014 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Proposed Order)(Attorney Michael M Goldberg added to party Davin Pokoik(pty:mov), Attorney Michael M Goldberg added to party Karen Richardson(pty:mov))(Goldberg, Michael) (Entered: 06/14/2014)

06/14/2014 26 MEMORANDUM in Support of MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 25 filed by Movants Davin Pokoik, Karen Richardson. (Goldberg, Michael) (Entered: 06/14/2014)

06/14/2014 27 ** DOCUMENT STRICKEN ** DECLARATION of Michael Goldberg in support of MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 25 filed by Movants Davin Pokoik, Karen Richardson. (Attachments: # 1 Exhibit A: Press Release, # 2 Exhibit B: Certificatons, # 3 Exhibit C: Loss Chart, # 4 Exhibit D: Firm Resume, # 5 Exhibit E: Firm Resume)(Goldberg, Michael) Modified on 6/16/2014 (dp). (Entered: 06/14/2014)

06/14/2014 28 NOTICE OF MOTION AND MOTION for Appointment of Counsel and as Appointment as Lead Plaintiffs filed by Movants Oklahoma Firefighters Pension and Retirement System, City of Atlanta Firefighters' Pension Fund. Motion set for hearing on 7/14/2014 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Proposed Order)(Attorney Jon A Tostrud added to party Oklahoma Firefighters Pension and Retirement System(pty:mov), Attorney Jon A Tostrud added to party City of Atlanta Firefighters' Pension Fund(pty:mov))(Tostrud, Jon) (Entered: 06/14/2014)

06/14/2014 29 MEMORANDUM in Support of MOTION for Appointment of Counsel and as Appointment as Lead Plaintiffs 28 filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Tostrud, Jon) (Entered: 06/14/2014)

06/14/2014 30 DECLARATION of Michael Goldberg in support of MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 25 and Pursuant to Civil L.R. 5-4.6.2 re CM/ECF Outage filed by Movants Davin Pokoik, Karen Richardson. (Goldberg, Michael) (Entered: 06/14/2014)

06/14/2014 31

** DOCUMENT STRICKEN ** DECLARATION of Joseph E. White in Support of MOTION for Appointment of Counsel and as Appointment as Lead Plaintiffs 28 filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Certifications, # 3 Exhibit C - Loss Charts, # 4 Exhibit D - Joint Declaration, # 5 Exhibit E - Grobler Declaration, # 6 Exhibit F - Saxena Firm Resume, # 7 Exhibit G - Tostrud Firm Resume)(Tostrud, Jon) Modified on 6/16/2014 (dp). (Entered: 06/14/2014)

06/16/2014 32 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT : Document Nos. 27 and 31 filed 6/13/14 are stricken for failure to comply with Local Rule 11-5.2 and 11-5.3 which requires that paper exhibits shall be filed as an attachment to the document to which it relates and numbered consecutively to the principal document. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY (Entered: 06/16/2014)

06/16/2014 33 DECLARATION of Jon Tostrud in Support of MOTION for Appointment of Counsel and as Appointment as Lead Plaintiffs 28 Pursuant to Civil Local Rule 5-4.6.2 re ECF Outage filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Tostrud, Jon) (Entered: 06/16/2014)

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06/16/2014

34

DECLARATION of Joseph E. White in Support of MOTION for Appointment of Counsel and as Appointment as Lead Plaintiffs 28 [Corrected Declaration] filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Movant Certifications, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - Joint Declaration, # 5 Exhibit E - Declaration re Loss Methodology, # 6 Exhibit F - Saxena Firm Resume, # 7 Exhibit G - Tostrud Firm Resume)(Tostrud, Jon) (Entered: 06/16/2014)

06/16/2014 35 DECLARATION of Michael Goldberg in Support of MOTION for Appointment of Counsel and Appointment of Lead Plaintiff 25 Corrected Per D.E. 32 filed by Movants Davin Pokoik, Karen Richardson. (Attachments: # 1 Exhibit A: Press Release, # 2 Exhibit B: Certifications, # 3 Exhibit C: Loss Chart, # 4 Exhibit D: Firm Resume, # 5 Exhibit E: Firm Resume)(Goldberg, Michael) (Entered: 06/16/2014)

06/30/2014 36 Notice of Withdrawal of Motion for Appointment of Counsel, 25 filed by Movants Davin Pokoik, Karen Richardson. (Goldberg, Michael) (Entered: 06/30/2014)

06/30/2014 37 STIPULATION to Continue Hearing Date on Motion for Appoinment of Lead Plaintiff and Selection of Lead Counsel from July 14, 2014 at 1:30 p.m. to July 28, 2014 at 1:30 p.m. filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proposed Order, # 2 Declaration of Lester R. Hooker)(Tostrud, Jon) (Entered: 06/30/2014)

06/30/2014 38 First APPLICATION for attorney Sarah Lynn Kushner to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14043409 paid.) filed by Defendant John DeSimone, Richard Goudis, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. (Attachments: # 1 Proposed Order On Pro Hac Vice Application, # 2 Certificate of Good Standing)(Dickey, Jonathan) (Entered: 06/30/2014)

07/02/2014 39 ORDER by Judge Dale S. Fischer: granting 38 Application to Appear Pro Hac Vice by Attorney Sarah Kushner on behalf of defendant, designating Daniel Floyd as local counsel. (ak) (Entered: 07/03/2014)

07/07/2014 40 NOTICE of Appearance filed by attorney Jon A Tostrud on behalf of Movants City of I Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement

System (Tostrud, Jon) (Entered: 07/07/2014)

07/07/2014 41 ORDER REGARDING CONTINUANCE OF HEARING ON APPOINTMENT OF LEAD PLAINTIFF AND SELECTION OF COUNSEL 37 by Judge Dale S. Fischer. The Court hereby orders as follows: The hearing on the motion for appointment of Lead Plaintiff and appointment of Counsel is continued to July 28, 2014, at 1:30 p.m. (lom) (Entered: 07/07/2014)

07/28/2014 44 MINUTES OF Hearing on Motion to Appoint Class Counsel. Motion Hearing held before Judge Dale S. Fischer: The matter is called and counsel state their appearances. The Court and counsel discuss the status of the case. The Court advises counsel that there will need to be two representatives designated from each fund who will be the liaison with counsel as set forth on the record. The Court states quarterly fee submissions will be required and will send out an order concerning the format for submission of fee requests. Court Reporter: Pamela Batalo. (shb) (Entered: 07/31/2014)

07/30/2014 42 ORDER ESTABLISHING CERTAIN REQUIREMENTS FOR THE PROSECUTION OF THIS ACTION by Judge Dale S. Fischer. (See order for details) (shb) (Entered: 07/30/2014)

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07/30/2014 43 ORDER by Judge Dale S. Fischer: granting 28 Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel (shb) (Entered: 07/31/2014)

08/01/2014 45 TRANSCRIPT for proceedings held on 07/28/14; 1:30 p.m.. Court Reporter/Electronic Court Recorder: Pamela A. Batalo, phone number www.pamelabatalo.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 8/22/2014. Redacted Transcript Deadline set for 9/1/2014. Release of Transcript Restriction set for 10/30/2014. (Seijas, Pamela) (Entered: 08/01/2014)

08/01/2014 46 NOTICE OF FILING TRANSCRIPT filed for proceedings 07/28/14; 1:30 p.m. re Transcript 45 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seijas, Pamela) TEXT ONLY ENTRY (Entered: 08/01/2014)

08/01/2014 47 ORDER RE FORMAT OF THE TIME AND EXPENSE RECORDS by Judge Dale S. Fischer, (shb) (Entered: 08/01/2014)

08/06/2014 48 RESPONSE filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement Systemto Order 42 Establishing Certain Requirements for the Prosecution of this Action (Attachments: # 1 Proof of Service)(Tostrud, Jon) (Entered: 08/06/2014)

08/13/2014 49 STIPULATION for Extension of Time to File Amended Complaint filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Tostrud, Jon) (Entered: 08/13/2014)

08/15/2014 50 ORDER GRANTING STIPULATION REGARDING AMENDED COMPLAINT FILING AND RESPONSE THERETO by Judge Dale S. Fischer. The Court orders as follows: Lead Plaintiffs shall file their Amended Complaint on or before September 18, 2014. Defendant shall file their motion(s) to dismiss or otherwise respond to the Amended Complaint on or before November 3, 2014. If Defendants move to dismiss the Amended Complaint, Lead Plaintiffs shall file their memorandum in opposition to Defendants' motion to dismiss on or before December 18, 2014. Defendants shall file their reply brief(s) in further support of their motion(s) to dismiss the Amended Complaint on or before January 23, 2015, re Stipulation for Extension of Time to File, 49 (bp) (Entered: 08/15/2014)

08/20/2014 51 NOTICE of Change of address by Jon A Tostrud attorney for Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. Changing attorneys address to Saxena White P.A., Boca Center, 5200 Town Center Circle, Suite 601, Boca Raton, FL 33431. Filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proof of Service)(Tostrud, Jon) (Entered: 08/20/2014)

08/21/2014 52

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Address, 51 . The following error(s) was found: Attorneys Maya Saxena and Joseph White, III are not on the case and appears to be out-of-state attorneys. 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: 08/21/2014)

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09/16/2014 53 APPLICATION for attorney Maya Saxena to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Tostrud, Jon) (Entered: 09/16/2014)

09/18/2014 54 ORDER by Judge Dale S. Fischer: granting 53 Application to Appear Pro Hac Vice by Attorney Maya Saxena on behalf of Plaintiffs Oklahoma Firefighters Pension and Retirement System and City of Atlanta Firefighters' Pension Fund, designating Jon A. Tostrud as local counsel. (pso) (Entered: 09/18/2014)

09/18/2014 55 First AMENDED COMPLAINT against Defendants John DeSimone, Richard Goudis, Herbalife Ltd., Michael O. Johnson, Desmond Walsh amending Complaint (Attorney Civil Case Opening) 1 , filed by Lead Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System (Attachments: # 1 Exhibit A - "Who Wants to be a Millionairre", # 2 Exhibit B - Short Thesis on Herbalife, # 3 Exhibit C - "Questions for Herbalife", # 4 Exhibit D - Fortune Hi-Tech Marketing and Herbalife, # 5 Exhibit E - "Robin Hood in Reverse", # 6 Exhibit F - Letter to SEC re Herbalife, # 7 Exhibit G - Letter to FTC re Herbalife, # 8 Exhibit H - Letter to Michael O. Johnson of Herbalife, # 9 Exhibit I - "Herbalife in China", # 10 Exhibit J - "The Big Lie")(Tostrud, Jon) (Entered: 09/18/2014)

10/28/2014 56 Joint STIPULATION to Exceed Page Limitation as to Motion to Dismiss filed by Defendant John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. (Attachments: # 1 Proposed Order)(Dickey, Jonathan) (Entered: 10/28/2014)

10/28/2014 57 ORDER by Judge Dale S. Fischer re Stipulation to Exceed Page Limitation 56 . Refer to document for details regarding the Court's order. (pso) (Entered: 10/28/2014)

11/03/2014 58 ** DOCUMENT STRICKEN ** NOTICE OF MOTION AND MOTION to Dismiss the Amended Complaint filed by Defendants John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. Motion set for hearing on 2/9/2015 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Declaration of Daniel S. Floyd, # 6 Exhibits 1 through 15, # 7 Exhibits 16 through 19, # 8 Exhibits 20 through 25, # 9 Exhibits 26 through 32, # 10 Exhibits 33 through 47, # 11 Exhibit 48, # 12 Request for Judicial Notice, # 13 Proposed Order, # 14 Certificate of Service)(Dickey, Jonathan) Modified on 11/4/2014 (dp). (Entered: 11/03/2014)

11/04/2014 59 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT : Document No. 58 filed on 11/3/14 are stricken for failure to comply with Local Rule 11- 5.2 and 11-5.3 which requires that paper exhibits shall be filed as an attachment to the document to which it relates and numbered consecutively to the principal document. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY (Entered: 11/04/2014)

11/04/2014 60 NOTICE OF MOTION AND Corrected MOTION to Dismiss the Amended Complaint filed by Defendants John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. Motion set for hearing on 2/9/2015 at 01:30 PM before Judge Dale S. Fischer. (Dickey, Jonathan) (Entered: 11/04/2014)

11/04/2014 61 Appendices A through D re Corrected MOTION to Dismiss the Amended Complaint 60 filed by Defendants John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. (Dickey, Jonathan) (Entered: 11/04/2014)

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11/04/2014 62 DECLARATION of Daniel S. Floyd in support of Corrected MOTION to Dismiss the Amended Complaint 60 filed by Defendants John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48)(Dickey, Jonathan) (Entered: 11/04/2014)

11/04/2014 63 REQUEST FOR JUDICIAL NOTICE re Corrected MOTION to Dismiss the Amended Complaint 60 filed by Defendants John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. (Dickey, Jonathan) (Entered: 11/04/2014)

11/04/2014 64 [PROPOSED] ORDER re Corrected MOTION to Dismiss the Amended Complaint 60 filed by Defendants John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. (Dickey, Jonathan) (Entered: 11/04/2014)

11/04/2014 65 CERTIFICATE OF SERVICE filed by Defendants John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh, re Corrected MOTION to Dismiss the Amended Complaint 60 , Request for Judicial Notice, Request for Relief 63 , Motion Related Document 61 , Motion Related Document 64 , Declaration (Motion related),,,, 62 served on November 4, 2014. (Dickey, Jonathan) (Entered: 11/04/2014)

11/04/2014 66 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT. Document No. 64 filed on 11-14-14 is stricken. Orders cannot be filed directly on the docket without a judge's signature. It should be lodged with a notice of lodging THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY (Entered: 11/04/2014)

11/04/2014 1 67 NOTICE OF LODGING filed regarding Proposed Order re Corrected MOTION to

Dismiss the Amended Complaint 60 (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Dickey, Jonathan) (Entered: 11/04/2014)

12/18/2014 68 MEMORANDUM in Opposition to Corrected MOTION to Dismiss the Amended Complaint 60 filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Tostrud, Jon) (Entered: 12/18/2014)

01/23/2015 69 REPLY in Support of Corrected MOTION to Dismiss the Amended Complaint 60 filed by Defendants John DeSimone, Richard Goudis, Herbalife Ltd., Michael O. Johnson. (Dickey, Jonathan) (Entered: 01/23/2015)

01/29/2015 70 Joint STIPULATION to Continue Hearing on Defendants' Motion to Dismiss from February 9, 2015, 1:30 p.m. to March 9, 2015, 1:30 p.m. filed by Defendants John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Continue Hearing)(Dickey, Jonathan) (Entered: 01/29/2015)

01/30/2015 71 NOTICE of Filing of Lead Plaintiffs' Amended Certifications filed by Lead Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and

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Retirement System. (Attachments: # 1 Exhibit 1 - Amended Certification, # 2 Exhibit 2 - Amended Certification)(Tostrud, Jon) (Entered: 01/30/2015)

02/02/2015 72 ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT by Judge Dale S. Fischer. The hearing on Defendants' Motion to Dismiss the Complaint currently noticed for February 9, 2015 at 1:30 p.m is hereby continued to March 9, 2015 at 1:30 p.m., re Stipulation to Continue, 70 (bp) (Entered: 02/03/2015)

02/17/2015 73 NOTICE of In Camera Submission Pursuant to the Court's Order re Format of Time and Expense Records filed by Lead Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Tostrud, Jon) (Entered: 02/17/2015)

02/19/2015 74 IN CAMERA AND UNDER SEAL - SEALED DOCUMENT (bm) (Entered: 02/20/2015)

02/24/2015 75 NOTICE Supplemental Authority filed by Defendants John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. (Attachments: # 1 Exhibit)(Dickey, Jonathan) (Entered: 02/24/2015)

03/05/2015 76 RESPONSE filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement Systemto Notice (Other) 75 [Lead Plaintiffs' Response to Defendants' Notice of Suuplemental Authority] (Tostrud, Jon) (Entered: 03/05/2015)

03/05/2015 77 NOTICE of Supplemental Authority in Further Support of Lead Plaintiffs' Opposition to Defendants' Motion to Dismiss Plaintiffs' Amended Complaint filed by Lead Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit A - In re Montage)(Tostrud, Jon) (Entered: 03/05/2015)

03/05/2015 78 REQUEST FOR JUDICIAL NOTICE in Support of Lead Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Lead Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Tostrud, Jon) (Entered: 03/05/2015)

03/05/2015 79 DECLARATION of Maya Saxena re Request for Judicial Notice, 78 filed by Movants City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit A - 10K Excerpts, # 2 Exhibit B - 8K Excerpts, # 3 Exhibit C - Conf. Call Transcript)(Tostrud, Jon) (Entered: 03/05/2015)

03/09/2015 81 MINUTES OF Hearing on Motion to Dismiss 60 before Judge Dale S. Fischer:See civil minutes for specifics (bp) (Entered: 03/10/2015)

03/10/2015 80 NOTICE of Appearance filed by attorney Alexander K Mircheff on behalf of Defendants John DeSimone, Herbalife Ltd., Michael O. Johnson, Desmond Walsh (Attorney Alexander K Mircheff added to party John DeSimone(pty:dft), Attorney Alexander K Mircheff added to party Herbalife Ltd.(pty:dft), Attorney Alexander K Mircheff added to party Michael O. Johnson(pty:dft), Attorney Alexander K Mircheff added to party Desmond Walsh(pty:dft))(Mircheff, Alexander) (Entered: 03/10/2015)

03/16/2015 82 MINUTES (IN CHAMBERS): Order GRANTING Defendants' Motion to Dismiss (Docket No. 60) by Judge Dale S. Fischer: See memorandum for specifics (bp) (Entered: 03/17/2015)

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03/16/2015 83 MINUTE ORDER IN CHAMBERS Order re Lead Plaintiff City of Atlanta Firefighters' Pension Fund by Judge Dale S. Fischer: See memorandum for specifics (bp) (Entered: 03/17/2015)

03/18/2015 84 TRANSCRIPT for proceedings held on 03/09/15; 2:00 p.m.. Court Reporter/Electronic Court Recorder: Pamela A. Batalo, phone number www.pamelabatalo.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 4/8/2015. Redacted Transcript Deadline set for 4/18/2015. Release of Transcript Restriction set for 6/16/2015. (Seijas, Pamela) (Entered: 03/18/2015)

03/18/2015 85 NOTICE OF FILING TRANSCRIPT filed for proceedings 03/09/15; 2:00 p.m. re Transcript 84 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seijas, Pamela) TEXT ONLY ENTRY (Entered: 03/18/2015)

03/26/2015 86 STIPULATION for Extension of Time to File Amended Complaint, STIPULATION to Correct Minutes of In Chambers Order/Directive - no proceeding held 83 , Order on Motion to Dismiss 82 filed by Lead Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proposed Order, # 2 Declaration of Maya Saxena)(Tostrud, Jon) (Entered: 03/26/2015)

03/27/2015 87 MINUTE ORDER IN CHAMBERS Amended Order GRANTING Defendants' Motion to Dismiss (Docket No. 60) by Judge Dale S. Fischer: See memorandum for specifics (bp) (Entered: 03/27/2015)

03/27/2015 88 ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO FILE AN AMENDED COMPLAINT by Judge Dale S. Fischer. Plaintiffs shall have up to and including May 8, 2015 to file an amended complaint. Defendants shall have up to and including June 8, 2015 to respond to Plaintiffs' amended complaint; This Order is without prejudice to any party's rights or obligations, re Stipulation for Extension of Time to File,, Stipulation to Amend/Correct, 86 (bp) (Entered: 03/27/2015)

05/05/2015 89 ** DOCUMENT STRICKEN ** APPLICATION for attorney Brandon T. Grzandziel to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Tostrud, Jon) Modified on 5/7/2015 (dp). (Entered: 05/05/2015)

05/06/2015 90 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Brandon T. Grzandziel to Appear Pro Hac Vice (PHV FEE NOT PAID.) 89 . The following error(s) was found: Other error(s) with document(s) are specified below: Fee not paid. See LR 83-2.1.3.3(c). 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. (lt) (Entered: 05/06/2015)

05/07/2015 91 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT : I Document No. 89 filed on 5/6/15 is stricken for the reasons set forth in the Notice of Deficiency. In addtion, Counsel failed to comply with this Courts standing order and Local Rules 5-4.4.2 and 5-4.5, which require that proposed orders be submitted to chambers email with a PDF copy of the document filed and a mandatory chambers copy

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be provided in paper format to the assigned judge. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY (Entered: 05/07/2015)

05/07/2015 92 APPLICATION for attorney Brandon T. Grzandziel to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15679509 paid.) filed by Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Tostrud, Jon) (Entered: 05/07/2015)

05/08/2015 93 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Dale S. Fischer: granting 92 Application to Appear Pro Hac Vice by Attorney Brandon T. Grzandziel on behalf of Movants City of Atlanta Firefighters' Pension Fund and for Oklahoma Firefighters Pension and Retirement System, designating Jon A. Tostrud as local counsel. (lt) (Entered: 05/08/2015)

05/08/2015

94 SECOND AMENDED COMPLAINT against Defendants John DeSimone, Richard Goudis, Herbalife Ltd., Michael O. Johnson, Desmond Walsh amending Amended Complaint,,, 55 , filed by Lead Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System (Attachments: # 1 Exhibit A - Cert/Schedule, # 2 Exhibit B - Millionaire Slides, # 3 Exhibit C - MillionaireTranscript, # 4 Exhibit D - Millionaire Executive Summary, # 5 Exhibit E - China Slides, # 6 Exhibit F - China Transcript, # 7 Exhibit G - Big Lie Slides, # 8 Exhibit H - Nye Report, # 9 Exhibit I - Taylor Report, # 10 Exhibit J - Hodgson Report)(Tostrud, Jon) (Entered: 05/08/2015)

06/08/2015 95 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Herbalife Ltd., Michael O. Johnson. Motion set for hearing on 7/6/2015 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Proposed Order Granting Motion to Dismiss Plaintiff's Second Amended Complaint)(Dickey, Jonathan) (Entered: 06/08/2015)

06/08/2015 96 DECLARATION of Jonathan C. Dickey in Support of MOTION to Dismiss Plaintiff's Second Amended Complaint 95 filed by Defendants Herbalife Ltd., Michael O. Johnson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Dickey, Jonathan) (Entered: 06/08/2015)

06/08/2015 97 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Plaintiff's Second Amended Complaint 95 filed by Defendants Herbalife Ltd., Michael O. Johnson. (Attachments: # 1 Proposed Order Granting Request for Judicial Notice)(Dickey, Jonathan) (Entered: 06/08/2015)

06/08/2015 98 NOTICE OF MOTION AND MOTION to Strike Expert Reports Attached to Plaintiff's Second Amended Class Action Complaint and to Strike Lead Plaintiff in Amended Complaint/Petition,, 94 filed by Defendants Herbalife Ltd., Michael O. Johnson. Motion set for hearing on 7/6/2015 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Proposed Order Granting Motion to Strike)(Dickey, Jonathan) (Entered: 06/08/2015)

06/08/2015 99 CERTIFICATE OF SERVICE filed by Defendants Herbalife Ltd., Michael O. Johnson, re MOTION to Dismiss Plaintiff's Second Amended Complaint 95 , Request for Judicial Notice,, Request for Relief, 97 , MOTION to Strike Expert Reports Attached to

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Plaintiff's Second Amended Class Action Complaint and to Strike Lead Plaintiff in Amended Complaint/Petition,, 94 98 , Declaration (Motion related),, 96 served on June 8, 2015. (Dickey, Jonathan) (Entered: 06/08/2015)

06/09/2015 100 REQUEST for Extension of Time to File Response to Motion to Dismiss and Motion to Strike and to Reset Hearing Date filed by Lead Plaintiffs City of Atlanta Firefighters' Pension Fund, Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Tostrud, Jon) (Entered: 06/09/2015)

06/10/2015 101 OPPOSITION to REQUEST for Extension of Time to File Response to Motion to Dismiss and Motion to Strike and to Reset Hearing Date 100 filed by Defendants Herbalife Ltd., Michael O. Johnson. (Dickey, Jonathan) (Entered: 06/10/2015)

06/11/2015 102 MEMORANDUM (IN CHAMBERS) ORDER Re Schedule Governing Defendants' Motion to Dismiss and Motion to Strike by Judge Dale S. Fischer. Refer to the Court's order for details. (pso) (Entered: 06/11/2015)

06/15/2015 103 Joint STIPULATION for Hearing re MOTION to Dismiss Plaintiff's Second Amended Complaint 95 , MOTION to Strike Expert Reports Attached to Plaintiff's Second Amended Class Action Complaint and to Strike Lead Plaintiff in Amended Complaint/Petition,, 94 98 filed by Defendants Herbalife Ltd., Michael O. Johnson. (Attachments: # 1 Proposed Order, # 2 Affidavit)(Dickey, Jonathan) (Entered: 06/15/2015)

06/16/2015 104 ORDER GRANTING JOINT STIPULATION TO SET HEARING DATE AND BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS AND MOTION TO STRIKE by Judge Dale S. Fischer: See order for specifics. (cr) (Entered: 06/16/2015)

06/24/2015 105 MEMORANDUM in Opposition to MOTION to Dismiss Plaintiff's Second Amended Complaint 95 filed by Movant Oklahoma Firefighters Pension and Retirement System. (Tostrud, Jon) (Entered: 06/24/2015)

06/24/2015 106 MEMORANDUM in Opposition to MOTION to Strike Expert Reports Attached to Plaintiff's Second Amended Class Action Complaint and to Strike Lead Plaintiff in Amended Complaint/Petition,, 94 98 filed by Movant Oklahoma Firefighters Pension and Retirement System. (Tostrud, Jon) (Entered: 06/24/2015)

07/02/2015 107 Joint STIPULATION to Exceed Page Limitation as to Reply Brief in Support of Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Herbalife Ltd., Michael O. Johnson. (Attachments: # 1 Proposed Order [Proposed] Order Granting Joint Stipulation Regarding Reply Brief in Support of Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint, # 2 Affidavit Certificate of Service)(Dickey, Jonathan) (Entered: 07/02/2015)

07/02/2015 108 ORDER by Judge Dale S. Fischer, GRANTING JOINT STIPULATION REGARDING I REPLY BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT 107 . The Court orders as follows: (1) The page limit for Defendants reply brief in support of their motion to dismiss Plaintiffs Second Amended Complaint shall be extended to 15 pages. (2) This Order is without prejudice to any partys rights or obligations. (shb) (Entered: 07/02/2015)

07/06/2015 109 REPLY in Support of MOTION to Dismiss Plaintiff's Second Amended Complaint 95 filed by Defendants Herbalife Ltd., Michael O. Johnson. (Dickey, Jonathan) (Entered: 07/06/2015)

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07/06/2015 110 REPLY in Support of MOTION to Strike Expert Reports Attached to Plaintiff's Second Amended Class Action Complaint and to Strike Lead Plaintiff in Amended Complaint/Petition,, 94 98 filed by Defendants Herbalife Ltd., Michael O. Johnson. (Dickey, Jonathan) (Entered: 07/06/2015)

07/20/2015 111 MINUTE ORDER OF Motion Hearing held before Judge Dale S. Fischer: Please refer to the Court's order for specifics. Court Reporter: Pat Cuneo. (cr) (Entered: 07/21/2015)

07/24/2015 112

TRANSCRIPT for proceedings held on July 20, 2015 at 2:14 p.m. Court Reporter: PAT CUNEO CSR 1600, OFFICIAL REPORTER, website www.patcuneo.com . Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 8/14/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015. (Cuneo, Patricia) (Entered: 07/24/2015)

07/24/2015 113 NOTICE OF FILING TRANSCRIPT filed for proceedings July 20, 2015 at 2:14 p.m. re Transcript 112 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Cuneo, Patricia) TEXT ONLY ENTRY (Entered: 07/24/2015)

07/28/2015 114 TRANSCRIPT ORDER as to Defendant Herbalife Ltd. Court Reporter. Court will contact Iris Newman at [email protected] with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 07/20/2015. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Mircheff, Alexander) (Entered: 07/28/2015)

07/28/2015 115 MINUTES (IN CHAMBERS) Order GRANTING in Part and DENYING in Part Defendants' Motion to Strike (Docket No.98); GRANTING Defendants' Motion to Dismiss (Docket No. 95) by Judge Dale S. Fischer: See Memorandum For Specifics. (bp) (Entered: 07/28/2015)

08/27/2015 116 Third AMENDED COMPLAINT against Defendants Herbalife Ltd., Michael O. Johnson amending Amended Complaint/Petition,, 94 , filed by Lead Plaintiff Oklahoma Firefighters Pension and Retirement System (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Marketing Plan, # 3 Exhibit C - Millionaire Slides, # 4 Exhibit D - Millionaire Transcript)(Tostrud, Jon) (Entered: 08/27/2015)

08/28/2015 117 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander K Mircheff counsel for Defendants John DeSimone, Richard Goudis, Herbalife Ltd., Michael O. Johnson, Desmond Walsh. Sarah L. Kushner is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Herbalife Ltd.. (Attorney Alexander K Mircheff added to party Richard Goudis(pty:dft))(Mircheff, Alexander) (Entered: 08/28/2015)

09/25/2015 118 Joint STIPULATION to Reschedule Briefing Schedule and Hearing Date filed by Defendants Herbalife Ltd., Michael O. Johnson. (Attachments: # 1 Proposed Order)(Dickey, Jonathan) (Entered: 09/25/2015)

09/25/2015 119 ORDER GRANTING JOINT STIPULATION SETTING HEARING DATE AND BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS THIRD AMENDED COMPLAINT by Judge Dale S. Fischer: Please refer to the Court's Order for specifics. (cr) (Entered: 09/25/2015)

09/28/2015 120 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Third Amended Complaint

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filed by Defendants Herbalife Ltd., Michael O. Johnson. Motion set for hearing on 11/9/2015 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Proposed Order) (Dickey, Jonathan) (Entered: 09/28/2015)

09/28/2015 121 DECLARATION of Daniel S. Floyd in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Third Amended Complaint 120 filed by Defendants Herbalife Ltd., Michael O. Johnson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dickey, Jonathan) (Entered: 09/28/2015)

09/28/2015 122 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Third Amended Complaint 120 filed by Defendants Herbalife Ltd., Michael O. Johnson. (Attachments: # 1 Proposed Order)(Dickey, Jonathan) (Entered: 09/28/2015)

09/28/2015 123 OF SERVICE filed by Defendants Herbalife Ltd., Michael O. Johnson, re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Third Amended Complaint 120 , Request for Judicial Notice 122 , Declaration (Motion related), 121 served on 9/28/2015. (Dickey, Jonathan) (Entered: 09/28/2015)

10/15/2015 124 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Third Amended Complaint 120 filed by Movant Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit A - Bostick Opinion)(Tostrud, Jon) (Entered: 10/15/2015)

10/26/2015 125 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Third Amended Complaint 120 filed by Defendants Herbalife Ltd., Michael O. Johnson. (Dickey, Jonathan) (Entered: 10/26/2015)

11/09/2015 126 MINUTES OF Hearing on Motion to Dismiss 120 Motion Hearing held before Judge Dale S. Fischer: The matter is called and counsel state their appearances. The Court hears oral argument. The matter is under submission and a written ruling will issue.Court Reporter: Pat Cuneo. (bp) (Entered: 11/10/2015)

11/19/2015 127 TRANSCRIPT for proceedings held on November 9, 2015, at 1:30 p.m. Court Reporter: PAT CUNEO CSR 1600, OFFICIAL REPORTER, website www.patcuneo.com . Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 12/10/2015. Redacted Transcript Deadline set for 12/21/2015. Release of Transcript Restriction set for 2/17/2016. (Cuneo, Patricia) (Entered: 11/19/2015)

11/19/2015 128 NOTICE OF FILING TRANSCRIPT filed for proceedings November 9, 2015, at 1:30 p.m. re Transcript 127 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Cuneo, Patricia) TEXT ONLY ENTRY (Entered: 11/19/2015)

11/19/2015 129 TRANSCRIPT ORDER as to Defendant Herbalife Ltd. for Court Reporter. Court will contact Iris Newman at [email protected] with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Mircheff, Alexander) (Entered: 11/19/2015)

11/23/2015 130 MEMORANDUM (IN CHAMBERS) ORDER by Judge Dale S. Fischer: granting 120 MOTION to Dismiss Plaintiff's Third Amended Complaint with prejudice. (See order for details). (shb) (Entered: 11/24/2015)

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11/24/2015

131 JUDGMENT by Judge Dale S. Fischer, in favor of Herbalife Ltd., Michael O. Johnson against Abdul Awad. The Court having dismissed Plaintiffs Third Amended Complaint, IT IS ORDERED that Plaintiff take nothing, that the action be dismissed with prejudice, and that Defendants recover their costs of suit pursuant to a bill of costs filed in accordance with 28 U.S.C. § 1920. Related to: Order on Motion to Dismiss 130 (MD JS-6, Case Terminated). (shb) (Entered: 11/24/2015)

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