United States District Court Northern District of Illinois...

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US District Court Civil Docket as of November 7, 2013 Retrieved from the court on November 12, 2013 United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 5.1.1 (Chicago) CIVIL DOCKET FOR CASE #: 1:12-cv-00276 Date Filed: 01/13/2012 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Paul Ethan Slater Sperling & Slater 55 West Monroe Street Suite 3200 Chicago, IL 60603 (312)641-3200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher F. Moriarty Motley Rice Llc 28 Bridgeside Blvd. Mount Pleasant, SC 29464 (843) 216-9411 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Gregg S. Levin Motley Rice LLC 28 Bridgeside Blvd. Mount Pleasant, SC 29464 (843) 216-9000 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED James Hughes Motley Rice Llc 28 Bridgeside Blvd. Mt. Pleasant, SC 29464 (843) 216-9000 Email: [email protected] Ross v. Career Education Corporation et al Assigned to: Honorable John W. Darrah Demand: $9,999,000 Lead case: 1:11-cv-09119 Member case: (View Member Case) Cause: 15:78m(a) Securities Exchange Act Plaintiff Thurman Ross by and on behalf of himself and all others similarly situated

Transcript of United States District Court Northern District of Illinois...

Page 1: United States District Court Northern District of Illinois ...securities.stanford.edu/filings-documents/1048/... · Appointment as Lead Plaintiff (Attachments: # 1 Exhibit A - Proposed

US District Court Civil Docket as of November 7, 2013 Retrieved from the court on November 12, 2013

United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 5.1.1 (Chicago)

CIVIL DOCKET FOR CASE #: 1:12-cv-00276

Date Filed: 01/13/2012 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by Paul Ethan Slater Sperling & Slater 55 West Monroe Street Suite 3200 Chicago, IL 60603 (312)641-3200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christopher F. Moriarty Motley Rice Llc 28 Bridgeside Blvd. Mount Pleasant, SC 29464 (843) 216-9411 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Gregg S. Levin Motley Rice LLC 28 Bridgeside Blvd. Mount Pleasant, SC 29464 (843) 216-9000 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

James Hughes Motley Rice Llc 28 Bridgeside Blvd. Mt. Pleasant, SC 29464 (843) 216-9000 Email: [email protected]

Ross v. Career Education Corporation et al Assigned to: Honorable John W. Darrah Demand: $9,999,000 Lead case: 1:11-cv-09119 Member case: (View Member Case) Cause: 15:78m(a) Securities Exchange Act

Plaintiff

Thurman Ross by and on behalf of himself and all others similarly situated

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PRO HAC VICE ATTORNEY TO BE NOTICED

Scott Forrest Hessell Sperling & Slater, PC 55 West Monroe Street Suite 3200 Chicago, IL 60603 (312) 641-3200 Email: [email protected] ATTORNEY TO BE NOTICED

William S. Norton Motley Rice Llc 28 Bridgeside Blvd. Mount Pleasant, SC 29464 (843) 216-9000 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

V.

Defendant

Career Education Corporation represented by Daniel E. Reidy Jones Day 77 West Wacker Drive Suite 3500 Chicago, IL 60601-1692 (312)782-3939 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erin Lind Shencopp Jones Day (CH) 77 West Wacker Drive Chicago, IL 60601 312 782 3939 Email: [email protected] ATTORNEY TO BE NOTICED

Lee Ann Russo Jones Day 77 West Wacker Drive Suite 3500 Chicago, IL 60601-1692 (312)782-3939 Fax: (312)782-8585 Email: [email protected]

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ATTORNEY TO BE NOTICED

Mary Ellen Hennessy Katten Muchin Rosenman LLP 525 West Monroe Street Chicago, IL 60661 (312) 902-5200 Email: [email protected] ATTORNEY TO BE NOTICED

Thomas Fredrick Rybarczyk Jones Day 77 W. Wacker Chicago, IL 60601 (312) 269-4116 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Gary E. McCullough represented by Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills Katten Muchin Rosenman, LLP 525 West Monroe Chicago, IL 60661 (312) 902-5363 Email: [email protected] ATTORNEY TO BE NOTICED

Jessica Renae Price Katten Muchin Rosenman Llp 525 W. Monroe Street Chicago, IL 60661 (312) 902-5287 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Michael J. Graham represented by Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills (See above for address) ATTORNEY TO BE NOTICED

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Jessica Renae Price (See above for address) ATTORNEY TO BE NOTICED

Defendant

Colleen M. O'Sullivan represented by Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills (See above for address) ATTORNEY TO BE NOTICED

Jessica Renae Price (See above for address) ATTORNEY TO BE NOTICED

Defendant

Steven H. Lesnik represented by Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills (See above for address) ATTORNEY TO BE NOTICED

Jessica Renae Price (See above for address) ATTORNEY TO BE NOTICED

Defendant

Leslie T. Thornton represented by Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills (See above for address) ATTORNEY TO BE NOTICED

Jessica Renae Price (See above for address) ATTORNEY TO BE NOTICED

Defendant

Dennis H. Chookaszian represented by Mary Ellen Hennessy (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills (See above for address) ATTORNEY TO BE NOTICED

Jessica Renae Price (See above for address) ATTORNEY TO BE NOTICED

Defendant

David W. Devonshire represented by Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills (See above for address) ATTORNEY TO BE NOTICED

Jessica Renae Price (See above for address) ATTORNEY TO BE NOTICED

Defendant

Patrick W. Gross represented by Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills (See above for address) ATTORNEY TO BE NOTICED

Jessica Renae Price (See above for address) ATTORNEY TO BE NOTICED

Defendant

Gregory L. Jackson represented by Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills (See above for address) ATTORNEY TO BE NOTICED

Jessica Renae Price

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(See above for address) ATTORNEY TO BE NOTICED

Defendant

Thomas B. Lally represented by Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills (See above for address) ATTORNEY TO BE NOTICED

Jessica Renae Price (See above for address) ATTORNEY TO BE NOTICED

Defendant

Edward A. Snyder represented by Mary Ellen Hennessy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Blake Matthew Mills (See above for address) ATTORNEY TO BE NOTICED

Jessica Renae Price (See above for address) ATTORNEY TO BE NOTICED

Movant

KBC Asset Management NV

represented by Geoffrey Coyle Jarvis Grant & Eisenhofer P.A. 123 Justison Street Wilmington, DE 19801 (302) 622-7000 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Jeff A Almeida Grant And Eisenhofer P.a. 123 Justison Street Wilmington, DE 19801 (302) 622-7000 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

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Movant

Oklahoma Police Pension Retirement represented by Geoffrey Coyle Jarvis System

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

Jeff A Almeida (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Movant

Oklahoma Law Enforcement represented by Geoffrey Coyle Jarvis Retirement System

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

Jeff A Almeida (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Movant

Public Service Pensions Board

represented by James E Barz Robbins Geller Rudman & Dowd LLP 200 S. Wacker Drive Suite 3100 Chicago, IL 60606 (312) 674-4674 Fax: (312) 674-4676 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/13/2012 1 COMPLAINT filed by Thurman Ross; Jury Demand. Filing fee $ 350, receipt number 0752-6738948.(Slater, Paul) (Entered: 01/13/2012)

01/13/2012 2 CIVIL Cover Sheet (Slater, Paul) (Entered: 01/13/2012)

01/13/2012 3 ATTORNEY Appearance for Plaintiff Thurman Ross by Paul Ethan Slater (Slater, Paul) (Entered: 01/13/2012)

01/13/2012 4 ATTORNEY Appearance for Plaintiff Thurman Ross by Scott Forrest Hessell (Hessell, Scott) (Entered: 01/13/2012)

01/13/2012 CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Geraldine Soat Brown. (mh, ) (Entered: 01/13/2012)

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01/13/2012 SUMMONS Issued as to Defendant Career Education Corporation (jh, ) (Entered: 01/13/2012)

02/06/2012 5 ATTORNEY Appearance for Defendant Career Education Corporation by Daniel E. Reidy (Reidy, Daniel) (Entered: 02/06/2012)

02/06/2012 6 ATTORNEY Appearance for Defendant Career Education Corporation by Lee Ann Russo (Russo, Lee) (Entered: 02/06/2012)

02/06/2012 7 MOTION by Defendant Career Education Corporation for extension of time to file answer (Russo, Lee) (Entered: 02/06/2012)

02/06/2012 8 NOTICE of Motion by Lee Ann Russo for presentment of motion for extension of time to file answer 7 before Honorable Matthew F. Kennelly on 2/15/2012 at 09:30 AM. (Attachments: # 1 Text of Proposed Order)(Russo, Lee) (Entered: 02/06/2012)

02/08/2012 9 ATTORNEY Appearance for Defendants Dennis H. Chookaszian, David W. Devonshire, Michael J. Graham, Patrick W. Gross, Gregory L. Jackson, Thomas B. Lally, Steven H. Lesnik, Gary E. McCullough, Colleen M. O'Sullivan, Edward A. Snyder, Leslie T. Thornton by Mary Ellen Hennessy (Hennessy, Mary) (Entered: 02/08/2012)

02/09/2012 10 ATTORNEY Appearance for Defendants Dennis H. Chookaszian, David W. Devonshire, Michael J. Graham, Patrick W. Gross, Gregory L. Jackson, Thomas B. Lally, Steven H. Lesnik, Gary E. McCullough, Colleen M. O'Sullivan, Edward A. Snyder, Leslie T. Thornton by Blake Matthew Mills (Mills, Blake) (Entered: 02/09/2012)

02/14/2012 11 MINUTE entry before Honorable Matthew F. Kennelly: Defendant CEC's agreed motion for extension of time is granted. Response to complaint is to be filed by 3/30/12. The motion hearing date of 2/15/12 is vacated. Mailed notice (ma,) (Entered: 02/15/2012)

02/15/2012 12 MINUTE entry before Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 3/16/12 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/home/Judges.aspx . Counsel for plaintiff(s) are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that summons has been or is being served on each defendant. (mk) (Entered: 02/15/2012)

02/15/2012 13 NOTIFICATION of Affiliates by Defendant Career Education Corporation (Russo, Lee) (Docket Text Modified by Clerk's Office) (mr, ). (Entered: 02/15/2012)

03/08/2012 14 Defendants' Objection to Application of Rule 26(a)(1) by Dennis H. Chookaszian, David W. Devonshire, Michael J. Graham, Patrick W. Gross, Gregory L. Jackson, Thomas B. Lally, Steven H. Lesnik, Gary E. McCullough, Colleen M. O'Sullivan, Edward A. Snyder, Leslie T. Thornton (Attachments: # 1 Notice of Filing)(Hennessy, Mary) (Entered: 03/08/2012)

03/13/2012 15 MOTION by Movants KBC Asset Management NV, Oklahoma Police Pension Retirement System, Oklahoma Law Enforcement Retirement System to appoint counsel. (Hessell, Scott) (Entered: 03/13/2012)

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03/13/2012 16 ATTORNEY Appearance for Movant Public Service Pensions Board by James E Barz (Barz, James) (Entered: 03/13/2012)

03/13/2012 17 MEMORANDUM by KBC Asset Management NV, Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System in support of motion to appoint counsel,, motion for miscellaneous relief, 15 (Attachments: # 1 Declaration of James Hughes in Support)(Hessell, Scott) (Entered: 03/13/2012)

03/13/2012 18 MOTION by Movant Public Service Pensions Board to appoint counsel and for Appointment as Lead Plaintiff (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - PSLRA Notice, # 3 Exhibit C - Certification, # 4 Exhibit D - RGRD firm resume)(Barz, James) (Entered: 03/13/2012)

03/13/2012 19 NOTICE of Motion by James E Barz for presentment of motion to appoint counsel, 18 before Honorable Matthew F. Kennelly on 3/20/2012 at 09:30 AM. (Barz, James) (Entered: 03/13/2012)

03/13/2012 20 MEMORANDUM by Public Service Pensions Board in support of motion to appoint counsel, 18 and for Appointment as Lead Plaintiff (Barz, James) (Entered: 03/13/2012)

03/13/2012 21 NOTICE of Motion by Scott Forrest Hessell for presentment of motion to appoint counsel,, motion for miscellaneous relief, 15 before Honorable Matthew F. Kennelly on 3/27/2012 at 09:30 AM. (Hessell, Scott) (Entered: 03/13/2012)

03/15/2012

03/16/2012

03/21/2012

03/21/2012

03/22/2012

03/22/2012

22 NOTICE of Motion by James E Barz for presentment of motion to appoint counsel, 18 before Honorable Matthew F. Kennelly on 3/27/2012 at 09:30 AM. (Barz, James) (Entered: 03/15/2012)

23 MINUTE entry before Honorable Matthew F. Kennelly: Status hearing reset to 3/22/2012 at 09:00 AM. (or, ) (Entered: 03/16/2012)

24 MINUTE entry before Honorable Matthew F. Kennelly: The motions to appoint counsel and to appoint lead plaintiff that are noticed for presentment on 3/27/12 will be addressed at the status hearing that was previously set for 3/22/12 at 9:00 a.m., which will be held in chambers (Room 2188). The motion hearing date of 3/27/12 is vacated. Counsel for the named parties are directed to make sure that counsel for the movants are aware of the entry of this order. (mk) (Entered: 03/21/2012)

25 STIPULATION regarding motion to appoint counsel, motion for miscellaneous relief 15 , motion to appoint counsel, 18 (Hessell, Scott) (Entered: 03/21/2012)

26 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 6969006. (Jarvis, Geoffrey) (Entered: 03/22/2012)

27 Duplicate filing of entry no. 26 . (Docket text Modified by Clerk's Office.) (Entered: 03/22/2012)

03/22/2012

28 MINUTE entry before Honorable Matthew F. Kennelly:Rule 16(b)Status hearing held. Plaintiffs have until 5/3/2012 to file a consolidated amended complaint. Motion to dismiss is to be filed by 6/3/2012. Revised order regarding appointment of lead counsel is to be submitted electronically. Status hearing continued to 6/7/2012 at 09:30 AM. (or, ) (Main Document 28 replaced on 4/18/2012) (jdh, ). (Main Document 28 replaced on 4/18/2012) (jdh, ). (Entered: 03/22/2012)

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03/23/2012 29 STIPULATION regarding motion to appoint counsel, motion for miscellaneous relief 15 , motion to appoint counsel, 18 (REVISED) (Hessell, Scott) (Entered: 03/23/2012)

03/23/2012 30 STIPULATION AND ORDER appointing lead plaintiff and approving lead plaintiff's selection of counsel. Signed by the Honorable Matthew F. Kennelly on 3/23/12. The motions to appoint lead plaintiff and counsel are terminated based upon entry of this order. (mk) (Entered: 03/23/2012)

03/30/2012 31 ATTORNEY Appearance for Defendants Dennis H. Chookaszian, David W. Devonshire, Michael J. Graham, Patrick W. Gross, Gregory L. Jackson, Thomas B. Lally, Steven H. Lesnik, Gary E. McCullough, Colleen M. O'Sullivan, Edward A. Snyder, Leslie T. Thornton by Jessica Renae Price (Price, Jessica) (Entered: 03/30/2012)

04/18/2012 32 NOTICE of Correction regarding document number 28 . (jdh) (Main Document 32 replaced on 4/18/2012) (jdh, ). (Entered: 04/18/2012)

05/03/2012 33 CONSOLIDATED CLASS ACTION COMPLAINT AMENDED complaint by Oklahoma Police Pension Retirement System, Oklahoma Law Enforcement Retirement System, KBC Asset Management NV against Career Education Corporation, Michael J. Graham, Gary E. McCullough (Jarvis, Geoffrey) (Entered: 05/03/2012)

06/04/2012 34 MOTION by Defendants Career Education Corporation, Michael J. Graham, Gary E. McCullough for leave to file Memorandum in Excess of Fifteen Pages Instanter (Hennessy, Mary) (Entered: 06/04/2012)

06/04/2012 35 NOTICE of Motion by Mary Ellen Hennessy for presentment of motion for leave to file 34 before Honorable Matthew F. Kennelly on 6/7/2012 at 10:30 AM. (Hennessy, Mary) (Entered: 06/04/2012)

06/04/2012 36 MOTION by Defendants Career Education Corporation, Gary E. McCullough, Michael J. Graham to dismiss Plaintiff's Consolidated Class Action Complaint (Hennessy, Mary) (Entered: 06/04/2012)

06/04/2012 37 MEMORANDUM by Career Education Corporation, Michael J. Graham, Gary E. McCullough in support of motion to dismiss 36 (Attachments: # 1 Appendix of Exhibits in Support of Motion to Dismiss, # 2 Exhibit A., # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Hennessy, Mary) (Entered: 06/04/2012)

06/04/2012 38 NOTICE by Career Education Corporation, Michael J. Graham, Gary E. McCullough re MOTION by Defendants Career Education Corporation, Gary E. McCullough, Michael J. Graham to dismiss Plaintiff's Consolidated Class Action Complaint 36 , memorandum in support of motion, 37 (Hennessy, Mary) (Entered: 06/04/2012)

06/05/2012 39 MINUTE entry before Honorable Matthew F. Kennelly: The status hearing set for 6/7/12 is advanced to 8:30 a.m. on that date and will be held in chambers (Room 2188). The Court will set a briefing schedule on the motion to dismiss at that time. The hearing times of 9:30 a.m. and 10:30 a.m. are vacated. (mk) (Entered: 06/05/2012)

06/06/2012 40 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 7224818. (Hughes, James) (Entered: 06/06/2012)

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06/06/2012 41 NOTICE of Motion by James Hughes for presentment of motion to appear pro hac vice 40 before Honorable Matthew F. Kennelly on 6/12/2012 at 09:30 AM. (Hughes, James) (Entered: 06/06/2012)

06/07/2012 42 MINUTE entry before Honorable Matthew F. Kennelly: Status hearing pursuant to Rule 16(b) held with attorneys for both sides. Response to motion to dismiss is to be filed by 7/23/2012. Reply is to be filed by 8/13/2012. These are firm dates. The motion of Geoffrey Jarvis to appear pro hac vice is granted ( 26 ). Counsel is to contact the Clerk of Court to establish an e-filing account. Mailed notice (ao,) (Entered: 06/11/2012)

06/11/2012 43 MINUTE entry before Honorable Matthew F. Kennelly: The motion of James M. Hughes for leave to appear pro hac vice is granted. The motion hearing date of 6/12/12 is vacated. Counsel is directed to contact the Clerk of Court to establish an e-filing account in this district. Mailed notice (ao,) (Entered: 06/11/2012)

07/16/2012 44 MOTION by Plaintiff Thurman Ross for leave to file excess pages (Hessell, Scott) (Entered: 07/16/2012)

07/16/2012 45 NOTICE of Motion by Scott Forrest Hessell for presentment of motion for leave to file excess pages 44 before Honorable Matthew F. Kennelly on 7/19/2012 at 09:30 AM. (Hessell, Scott) (Entered: 07/16/2012)

07/17/2012 46 MINUTE entry before Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file memorandum in excess of 15 pages 44 is granted. Plaintiffs' response to the motion to dismiss may be up to 29 pages long. The motion hearing date of 7/19/12 is vacated. Mailed notice (ao,) (Entered: 07/17/2012)

07/23/2012 47 MEMORANDUM by Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System, Public Service Pensions Board, Thurman Ross in Opposition to motion to dismiss 36 (Hessell, Scott) (Entered: 07/23/2012)

08/13/2012 48 MOTION by Defendants Career Education Corporation, Michael J. Graham, Gary E. McCullough Defendants' Motion For Leave To File Reply Memorandum In Excess Of Fifteen Pages Instanter. (Hennessy, Mary) (Entered: 08/13/2012)

08/13/2012 49 NOTICE of Motion by Mary Ellen Hennessy for presentment of motion for miscellaneous relief 48 before Honorable Matthew F. Kennelly on 8/16/2012 at 09:30 AM. (Hennessy, Mary) (Entered: 08/13/2012)

08/13/2012 50 MEMORANDUM by Career Education Corporation, Michael J. Graham, Gary E. McCullough in support of motion for miscellaneous relief 36 (Reply Memorandum) (Attachments: # 1 Notice of Filing)(Hennessy, Mary) (Docket Text Modified by Clerk's Office)(mr, ). (Entered: 08/13/2012)

08/15/2012 51 MINUTE entry before Honorable Matthew F. Kennelly: Defendants' motion for leave to file reply memorandum in excess of 15 pages instanter 48 is granted. The motion hearing date of 8/16/12 is vacated. Mailed notice (ao,) (Entered: 08/15/2012)

10/30/2012 52 MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 10/30/2012: For the reasons stated in this Memorandum Opinion and Order, the Court grants Defendants' motion to dismiss [docket no. 52 ] with respect to defendant Graham but otherwise denies the motion.(mk) (Entered: 10/30/2012)

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10/30/2012

53

MINUTE entry before Honorable Matthew F. Kennelly: Status hearing pursuant to Fed. R. Civ. P. 16(b) is set for 11/19/12 at 9:00 a.m., in chambers (Room 2188). The parties are directed to confer to attempt to agree upon a discovery and pretrial schedule. A joint status report regarding those matters is to be filed by no later than 11/16/12. (mk) (Entered: 10/30/2012)

11/08/2012

54 MOTION by Defendant Career Education Corporation for extension of time to file answer (Russo, Lee) (Entered: 11/08/2012)

11/08/2012

55 NOTICE of Motion by Lee Ann Russo for presentment of motion for extension of time to file answer 54 before Honorable Matthew F. Kennelly on 11/13/2012 at 09:30 AM. (Russo, Lee) (Entered: 11/08/2012)

11/09/2012

56 ATTORNEY Appearance for Defendant Career Education Corporation by Thomas Fredrick Rybarczyk (Rybarczyk, Thomas) (Entered: 11/09/2012)

11/09/2012 58 MINUTE entry before Honorable Matthew F. Kennelly: Defendants' agreed motion for extension of time to answer is granted. Answer is to be filed by 12/28/12. The Court's order of 10/30/12 (dkt. no. 53 ) setting a status hearing and requiring a joint status report remains in effect. The motion hearing date of 11/13/12 is vacated. Mailed notice (ao,) (Entered: 11/13/2012)

11/13/2012 57 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 7749971. (Norton, William) (Entered: 11/13/2012)

11/14/2012 59 MINUTE entry before Honorable Matthew F. Kennelly: The status hearing set for 11/19/2012 is advanced to 8:30 AM on that date (in chambers), due to a glut of status hearings set for 9:00 AM. (mk) (Entered: 11/14/2012)

11/16/2012

11/19/2012

60 STATUS Report and [Proposed] 26(F) Discovery Plan. (Joint) by Gary E. McCullough (Hennessy, Mary) (Entered: 11/16/2012)

61 MINUTE entry before Honorable Matthew F. Kennelly:Status hearing pursuant to Rule 16(b) held. Rule 26(a)(1) disclosures are to be made by 12/14/2012. Answer to complaint is to be filed by 12/28/2012. Deadline for requesting leave to amend pleadings and add parties is 5/17/2013. Document production is to be completed by 6/1/2013. Fact discovery ordered closed 11/1/2013. Rule 26(a)(2) disclosures are due by 1/15/2014 for party with burden of proof and 2/14/2014 for rebuttal disclosures. Expert discovery ordered closed 3/21/2014. The deadline for filing dispositive motions is 5/5/2014. Any motion for class certification is to be filed by 3/15/2013. Status hearing continued to 1/30/2013 at 09:30 AM. (or, ) (Entered: 11/20/2012)

11/19/2012 62 MINUTE entry before Honorable Matthew F. Kennelly: The motion of William Norton to appear pro hac vice is granted ( 57 ). Counsel is to contact the Clerk of Court to establish an e-filing account in this district. Mailed notice (ao,) (Entered: 11/20/2012)

11/30/2012

63 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 7804348. (Levin, Gregg) (Entered: 11/30/2012)

12/19/2012

64 MOTION by Defendant Career Education Corporation for extension of time to file answer (Russo, Lee) (Entered: 12/19/2012)

12/19/2012 65 NOTICE of Motion by Lee Ann Russo for presentment of motion for extension of

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time to file answer 64 before Honorable Matthew F. Kennelly on 1/3/2013 at 09:30 AM. (Russo, Lee) (Entered: 12/19/2012)

01/02/2013 66 MINUTE entry before Honorable Matthew F. Kennelly: Second agreed motion for extension of time is granted [# 64]. The deadline for defendants to answer the complaint is extended to 1/28/13. This deadline will not be extended again. The motion hearing date of 1/3/13 is vacated. (mk) (Entered: 01/02/2013)

01/28/2013

01/28/2013

01/30/2013

67 ANSWER to amended complaint by Gary E. McCullough (Attachments: # 1 Notice of Filing)(Hennessy, Mary) (Entered: 01/28/2013)

68 ANSWER to amended complaint by Career Education Corporation(Rybarczyk, Thomas) (Entered: 01/28/2013)

69 MINUTE entry before Honorable Matthew F. Kennelly:Status hearing held and continued to 4/25/2013 at 09:30 AM. (or, ) (Entered: 01/31/2013)

02/04/2013 70 MINUTE entry before Honorable Matthew F. Kennelly: Motion of Gregg S. Levin to appear pro hac vice is granted 63 . Counsel is directed to promptly contact the Clerk's Office to establish an e-filing account in this district. Mailed notice (ao,) (Entered: 02/04/2013)

03/11/2013 71 MOTION by Plaintiff Thurman Ross for leave to file excess pages (Slater, Paul) (Entered: 03/11/2013)

03/11/2013 72 NOTICE of Motion by Paul Ethan Slater for presentment of motion for leave to file excess pages 71 before Honorable Matthew F. Kennelly on 3/14/2013 at 09:30 AM. (Slater, Paul) (Entered: 03/11/2013)

03/13/2013 73 MINUTE entry before Honorable Matthew F. Kennelly: Plaintiff's uncontested motion for leave to file memorandum in excess of 15 pages is granted [# 71 ]. The motion hearing date of 3/14/13 is vacated. Mailed notice (ao,) (Entered: 03/14/2013)

03/15/2013

74 MOTION by Plaintiff Thurman Ross to certify class Responses due by 3/21/2013 (Hessell, Scott) (Entered: 03/15/2013)

03/15/2013

75 NOTICE of Motion by Scott Forrest Hessell for presentment of motion to certify class 74 before Honorable Matthew F. Kennelly on 3/21/2013 at 09:30 AM. (Hessell, Scott) (Entered: 03/15/2013)

03/15/2013

03/15/2013

03/21/2013

76 MEMORANDUM in Support of Lead Plaintiffs' Motion for Class Certification by Thurman Ross (Hessell, Scott) (Entered: 03/15/2013)

77 DECLARATION of Zmijewski Report by Thurman Ross (Hessell, Scott) (Entered: 03/15/2013)

78 MINUTE entry before Honorable Matthew F. Kennelly:Response to motion to certify class is to be filed by 6/21/2013 and reply by 7/19/2013 74 . (or, ) (Entered: 03/26/2013)

03/28/2013 79 MOTION by Defendant Career Education Corporation for order Entering Agreed Confidentiality Order (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Rybarczyk, Thomas) (Entered: 03/28/2013)

03/28/2013 80 NOTICE of Motion by Thomas Fredrick Rybarczyk for presentment of motion for

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order 79 before Honorable Matthew F. Kennelly on 4/3/2013 at 09:30 AM. (Rybarczyk, Thomas) (Entered: 03/28/2013)

04/02/2013 81 MINUTE entry before Honorable Matthew F. Kennelly: The joint motion for entry of an agreed confidentiality order is granted [dkt. no. 79 ]. Counsel are to submit an electronic version of the proposed order for signature, following the instructions on Judge Kennelly's web page. The motion hearing date of 4/3/13 is vacated. Mailed notice (ao,) (Entered: 04/03/2013)

04/03/2013

04/19/2013

04/22/2013

04/25/2013

82 AGREED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 4/3/2013: (mk) (Entered: 04/03/2013)

83 ATTORNEY Appearance for Defendant Career Education Corporation by Erin Lind Shencopp (Shencopp, Erin) (Entered: 04/19/2013)

84 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 8270668. (Moriarty, Christopher) (Entered: 04/22/2013)

85 MINUTE entry before Honorable Matthew F. Kennelly:Status hearing held on 4/25/2013, and continued to 6/13/13 at 9:30 a.m. The date for Defendants to respond to plaintiffs' motion to certify class 74 is extended to 8/6/2013. Plaintiff to reply by 9/3/2013. Deadline for requesting leave to amend pleadings and add parties is 7/1/13; Document production is to be completed by 7/16/13; Fact discovery is to be completed by 12/16/13; 26(a)(2) disclosures are due 3/3/14; and rebuttal disclosures are due 4/2/14; Expert discovery ordered closed 5/5/14.Judicial staff mailed notice (gl, ) (Entered: 05/01/2013)

05/10/2013 86 MOTION by Movants Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System, Public Service Pensions Board, Plaintiff Thurman Ross to compel the Production of Documents (Hessell, Scott) (Entered: 05/10/2013)

05/10/2013 87 NOTICE of Motion by Scott Forrest Hessell for presentment of motion to compel 86 before Honorable Matthew F. Kennelly on 6/12/2013 at 09:30 AM. (Hessell, Scott) (Entered: 05/10/2013)

05/10/2013 88 MEMORANDUM by KBC Asset Management NV, Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System, Public Service Pensions Board, Thurman Ross in support of motion to compel 86 (Hessell, Scott) (Entered: 05/10/2013)

05/10/2013

05/10/2013

89 AFFIDAVIT by Movants KBC Asset Management NV, Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System, Public Service Pensions Board, Plaintiff Thurman Ross in Support of MOTION by Movants Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System, Public Service Pensions Board, Plaintiff Thurman Ross to compel the Production of Documents 86 Declaration of Jeff A. Almeida in Support of Plaintiffs' Motion to Compel Production of Documents (Hessell, Scott) (Entered: 05/10/2013)

90 MOTION by Defendant Career Education Corporation for protective order (Rybarczyk, Thomas) (Entered: 05/10/2013)

05/10/2013

91 MEMORANDUM by Career Education Corporation in support of motion for protective order 90 (Attachments: # 1 Exhibit Exhibits 1-3, # 2 Exhibit Exhibits 4-6, #

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3 Exhibit Exhibits 6-8, # 4 Exhibit Exhibits 9-11)(Rybarczyk, Thomas) (Entered: 05/10/2013)

05/10/2013 92 NOTICE of Motion by Thomas Fredrick Rybarczyk for presentment of motion for protective order 90 before Honorable Matthew F. Kennelly on 6/13/2013 at 09:30 AM. (Rybarczyk, Thomas) (Entered: 05/10/2013)

05/24/2013 93 MEMORANDUM by KBC Asset Management NV, Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System in Opposition to motion for protective order 90 (Hessell, Scott) (Entered: 05/24/2013)

05/24/2013 94 MEMORANDUM by Career Education Corporation in Opposition to motion to compel 86 Production of Documents (Rybarczyk, Thomas) (Entered: 05/24/2013)

05/31/2013 95 REPLY by KBC Asset Management NV, Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement Systemin Support of MOTION by Movants Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System, Public Service Pensions Board, Plaintiff Thurman Ross to compel the Production of Documents 86 (Hessell, Scott) (Entered: 05/31/2013)

05/31/2013 96 REPLY by Defendant Career Education Corporation to motion for protective order 90 (Rybarczyk, Thomas) (Entered: 05/31/2013)

06/03/2013 97 NOTICE of Motion by Scott Forrest Hessell for presentment of motion to compel 86 before Honorable Matthew F. Kennelly on 6/13/2013 at 09:30 AM. (Hessell, Scott) (Entered: 06/03/2013)

06/11/2013 98 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752- 8433990. Motion for Jeff A. Almeida to Appear Pro Hac Vice (Attachments: # 1 Certificates of Good Standing)(Almeida, Jeff) (Entered: 06/11/2013)

06/13/2013 99 MINUTE entry before Honorable Matthew F. Kennelly: Status hearing held. Application for attorney Christopher F. Moriarty to appear pro hac vice 84 is granted. Movants' motion to compel 86 is withdrawn. Defendants' motion for protective order 90 is withdrawn. Application for Jeff A. Almeida to appear pro hac vice 98 is granted. Status hearing set for 8/1/2013 at 9:00 a.m. Mailed notice (meg, ) (Entered: 06/13/2013)

08/01/2013 100 MINUTE entry before Honorable Matthew F. Kennelly:Rule 16(b) hearing held on 8/1/2013. Status hearing set for 9/3/2013 at 09:00 AM. Mailed notice. (pjg, ) (Entered: 08/01/2013)

08/22/2013 101 TRANSCRIPT OF PROCEEDINGS held on 6/13/13 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Laura Brennan, 312-435-5785, [email protected] .

IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

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Redaction Request due 9/12/2013. Redacted Transcript Deadline set for 9/23/2013. Release of Transcript Restriction set for 11/20/2013. (Brennan, Laura) (Entered: 08/22/2013)

09/03/2013 102 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) Status hearing held on 9/3/2013 with attorneys for both sides. Status hearing continued to 10/8/2013 at 09:00 AM. Mailed notice. (pjg, ) (Entered: 09/03/2013)

10/08/2013 103 MINUTE entry before the Honorable Matthew F. Kennelly. Rule 16(b) status hearing held on 10/8/2013 with attorneys for both sides. Telephone status hearing, to be initiated by the parties, is set for 10/21/2013 at 09:00 a.m. Mailed notice. (pjg, ) (Entered: 10/08/2013)

10/17/2013 104 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John W. Darrah for all further proceedings. Signed by Executive Committee on 10/17/13.(lcw, ) (Entered: 10/18/2013)

10/23/2013 105 MINUTE entry before Honorable John W. Darrah: Status hearing set for 10/31/13 at 10:00 a.m. Mailed notice(maf) (Entered: 10/23/2013)

10/25/2013 106 MOTION by Movants KBC Asset Management NV, Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System for leave to file excess pages re Memorandum of Points and Authorities in Support of Unopposed Motion for Preliminary Approval of Class Action Settlement and Lead Plaintiffs' Unopposed Motino for Preliminary Approval of Class Action Settlement (Hessell, Scott) (Entered: 10/25/2013)

10/25/2013 107 NOTICE of Motion by Scott Forrest Hessell for presentment of motion for leave to file excess pages, 106 before Honorable John W. Darrah on 10/31/2013 at 10:00 AM. (Hessell, Scott) (Entered: 10/25/2013)

10/30/2013 108 SUPPLEMENT to motion for leave to file excess pages, 106 re Unopposed Motion for Preliminary Approval of Class Action Settlement (Hessell, Scott) (Entered: 10/30/2013)

10/31/2013 109 MINUTE entry before Honorable John W. Darrah: Status hearing and ruling on motion hearing held. Movants' motion for leave to file excess pages 106 is granted. The Court will rule by mail regarding the pending matters. Mailed notice(maf) (Entered: 10/31/2013)

11/04/2013 110 MOTION by Movants KBC Asset Management NV, Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System for settlement of class action (unopposed) (Hessell, Scott) (Entered: 11/04/2013)

11/04/2013 111 MEMORANDUM by KBC Asset Management NV, Oklahoma Law Enforcement Retirement System, Oklahoma Police Pension Retirement System in support of motion for settlement 110 (Hessell, Scott) (Entered: 11/04/2013)

11/06/2013 112 ORDER: Plaintiff's unopposed motion for preliminary approval of class action settlement 110 is granted. Enter Order. Status hearings/settlement hearing is set for 4/3/2014 at 10:00 AM. Signed by the Honorable John W. Darrah on 11/6/2013: Mailed notice (jmp, ) (Entered: 11/07/2013)

11/06/2013 113 ORDER Preliminarily Approving Settlement and providing for notice. Signed by the

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Honorable John W. Darrah on 11/6/2013: Mailed notice (jmp, ) (Notice of Proposed Settlement of Class Action: # 1 Attachment 1) (tg, ). (Entered: 11/07/2013)

11/07/2013 114 ORDER : The clerk is directed to remove pages 7 through 50 of the preliminary approval and scheduling order titled "Notice of proposed settlement of class action exhibit A - 1 (Amended 10/30/13), document #80 and place it on the related case, 12 C 276, Ross v. Career Education Corporation et al, document # 113 , forthwith. Signed by the Honorable John W. Darrah on 11/7/2013. Mailed notice (tg, ) (Entered: 11/07/2013)

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