U.S. District Court District of Colorado (Denver) CIVIL...

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US District Court Civil Docket as of 05/18/2012 Retrieved from the court on May 22, 2012 U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:11-cv-02971-WYD-KMT Touchstone Group, LLC v. Rink et al Date Filed: 11/15/2011 Assigned to: Chief Judge Wiley Y. Daniel Jury Demand: Plaintiff Referred to: Magistrate Judge Kathleen M. Tafoya Nature of Suit: 850 Cause: 15:78 Securities Exchange Act Securities/Commodities Jurisdiction: Federal Question Plaintiff Touchstone Group, LLC represented by Anthony Darrow Shapiro on behalf of itself and all others Hagens Berman Sobol Shapiro, LLP- similarly situated Seattle 1918 Eighth Avenue Suite 3300 Seattle, WA 98101 206-623-7292 Fax: 206-623-0594 Email: [email protected] ATTORNEY TO BE NOTICED Karl P. Barth Hagens Berman Sobol Shapiro, LLP- Seattle 1918 Eighth Avenue Suite 3300 Seattle, WA 98101 206-623-7292 Fax: 206-623-0594 Email: [email protected] ATTORNEY TO BE NOTICED Leif Garrison Hagens Berman Sobol Shapiro, LLP- Colorado Springs 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 719-635-0377

Transcript of U.S. District Court District of Colorado (Denver) CIVIL...

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US District Court Civil Docket as of 05/18/2012 Retrieved from the court on May 22, 2012

U.S. District Court District of Colorado (Denver)

CIVIL DOCKET FOR CASE #: 1:11-cv-02971-WYD-KMT

Touchstone Group, LLC v. Rink et al Date Filed: 11/15/2011 Assigned to: Chief Judge Wiley Y. Daniel Jury Demand: Plaintiff Referred to: Magistrate Judge Kathleen M. Tafoya Nature of Suit: 850 Cause: 15:78 Securities Exchange Act Securities/Commodities

Jurisdiction: Federal Question

Plaintiff

Touchstone Group, LLC represented by Anthony Darrow Shapiro on behalf of itself and all others

Hagens Berman Sobol Shapiro, LLP-

similarly situated

Seattle 1918 Eighth Avenue Suite 3300 Seattle, WA 98101 206-623-7292 Fax: 206-623-0594 Email: [email protected] ATTORNEY TO BE NOTICED

Karl P. Barth Hagens Berman Sobol Shapiro, LLP-Seattle 1918 Eighth Avenue Suite 3300 Seattle, WA 98101 206-623-7292 Fax: 206-623-0594 Email: [email protected] ATTORNEY TO BE NOTICED

Leif Garrison Hagens Berman Sobol Shapiro, LLP-Colorado Springs 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 719-635-0377

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Fax: 719-635-2920 Email: [email protected] ATTORNEY TO BE NOTICED

Patrick Howard Saltz Mongeluzzi Barrett & Bendesky, P.C. 1650 Market Street One Liberty Place 52nd Floor Philadelphia, PA 19103 215-496-8282 Fax: 215-496-0999 Email: [email protected] ATTORNEY TO BE NOTICED

Simon B. Paris Saltz Mongeluzzi Barrett & Bendesky, P.C. 1650 Market Street One Liberty Place 52nd Floor Philadelphia, PA 19103 215-496-8282 Fax: 215-496-0999 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

Daniel J. Rink represented by Scott Mark Browning Rothgerber Johnson & Lyons, LLP-Denver 1200 17th Street One Tabor Center #3000 Denver, CO 80202-5855 303-623-9000 Fax: 303-623-9222 Email: [email protected] ATTORNEY TO BE NOTICED

Tamara F. Goodlette Rothgerber Johnson & Lyons, LLP-Denver

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1200 17th Street One Tabor Center #3000 Denver, CO 80202-5855 303-623-9000 Fax: 303-623-9222 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Tatum, LLC represented by Michael Constantine Marsh Akerman Senterfitt, LLC-Miami One South East Third Avenue 25th Floor Miami, FL 33131 305-374-5600 Fax: 305-374-5095 Email: [email protected] ATTORNEY TO BE NOTICED

Ryan Alan Roman Akerman Senterfitt, LLC-Miami One South East Third Avenue 25th Floor Miami, FL 33131 305-374-5600 Fax: 305-374-5095 Email: [email protected] ATTORNEY TO BE NOTICED

Victoria Elena Edwards Akerman Senterfitt LLP-Denver 1400 Wewatta Street Suite 500 Denver, CO 80202 303-260-7712 Fax: 303-260-7714 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

SFN Group, Inc. represented by Michael Constantine Marsh (See above for address) ATTORNEY TO BE NOTICED

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Ryan Alan Roman (See above for address) ATTORNEY TO BE NOTICED

Victoria Elena Edwards (See above for address) ATTORNEY TO BE NOTICED

Defendant

Christopher Flannery represented by Carolyn J. Fairless Wheeler Trigg O'Donnell, LLP 1801 California Street #3600 Denver, CO 80202-2617 303-244-1800 Fax: 303-244-1879 Email: [email protected] ATTORNEY TO BE NOTICED

Robert James Zavaglia , Jr. Treece Alfrey Musat, P.C. 999 18th Street South Tower #1600 Denver, CO 80202 303-292-2700 Fax: 303-295-0414 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Astor, Weiss, Kaplan, & Mandel LLP

Defendant

represented by Carolyn J. Fairless (See above for address) ATTORNEY TO BE NOTICED

Estill & Long, LLC represented by Michael T. McConnell McConnell Fleischner Houghtaling, LLC 4700 South Syracuse Street Denver Corporate Center, Tower I #200 Denver, CO 80237 303-480-0400 Fax: 458-9520 Email: [email protected]

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert W. Steinmetz McConnell Fleischner Houghtaling, LLC 4700 South Syracuse Street Denver Corporate Center, Tower I #200 Denver, CO 80237-2710 303-480-0400 Fax: 303-458-9524 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Steven Granoff represented by Alan S. Fellheimer CPA Fellheimer & Eichen LLP

50 South 16th Street 2 Liberty Place Suite 3400 Philadelphia, PA 19102 215-253-6636 Fax: 215-751-1744 Email: [email protected] ATTORNEY TO BE NOTICED

Benjamin Joseph Larson Ireland Stapleton Pryor & Pascoe, P.C. 1675 Broadway #2600 Denver, CO 80202 303-628-3685 Fax: 303-623-2062 Email: [email protected] ATTORNEY TO BE NOTICED

John Joseph Jacko , III Fellheimer & Eichen LLP 50 South 16th Street 2 Liberty Place Suite 3400 Philadelphia, PA 19102 215-253-6630 Fax: 215-751-1744

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Email: [email protected] ATTORNEY TO BE NOTICED

Kelley Allison Duke Ireland Stapleton Pryor & Pascoe, P.C. 1675 Broadway #2600 Denver, CO 80202 303-623-2700 Fax: 303-623-2062 Email: [email protected] ATTORNEY TO BE NOTICED

Mark E. Haynes Ireland Stapleton Pryor & Pascoe, P.C. 1675 Broadway #2600 Denver, CO 80202 303-623-2700 Fax: 303-623-2062 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Krassenstein, Granoff & Unger, represented by Benjamin Joseph Larson LLC

(See above for address) ATTORNEY TO BE NOTICED

Kelley Allison Duke (See above for address) ATTORNEY TO BE NOTICED

Mark E. Haynes (See above for address) ATTORNEY TO BE NOTICED

Defendant

Carbon Diversion, Inc.

Defendant

Tracs Growth Investment and John Does 1-100

represented by Richard C. Cornish Richard C. Cornish, Attorney at Law

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9250 East Costilla Avenue #600 Greenwood Village, CO 80112 303-792-9670 Fax: 303-790-2021 Email: [email protected] ATTORNEY TO BE NOTICED

Interested Party

John Paul Anderson represented by Kathryn Reed DeBord Brownstein Hyatt Farber Schreck, LLP-Denver 410 17th Street #2200 Denver, CO 80202-4432 303-223-1105 Fax: 303-223-1111 Email: [email protected] ATTORNEY TO BE NOTICED

Date Filed

11/15/2011

# Docket Text

1 Class Action COMPLAINT and Jury Demand against Astor, Weiss, Kaplan, & Mandel LLP, Carbon Diversion, Inc., Estill & Long, LLC, Christopher Flannery, Steven Granoff, Krassenstein, Granoff & Unger, LLC, Daniel J. Rink, SFN Group, Inc., Tatum, LLC, Tracs Growth Investment (Filing fee $ 350, Receipt Number 43106) Summons Issued, filed by Touchstone Group, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(agarc, ) (Entered: 11/16/2011)

01/10/2012 2 NOTICE of Entry of Appearance by Patrick Howard on behalf of Touchstone Group, LLC (Attachments: # 1 Certificate of Service)(Howard, Patrick) (Entered: 01/10/2012)

01/10/2012 3 NOTICE of Entry of Appearance by Simon B. Paris on behalf of Touchstone Group, LLC (Attachments: # 1 Certificate of Service)(Paris, Simon) (Entered: 01/10/2012)

01/10/2012 4 NOTICE Rule 7.1 Disclosure Statement of Plaintiff Touchstone Group LLC by Plaintiff Touchstone Group, LLC (Attachments: # 1 Certificate of Service)(Howard, Patrick) (Entered: 01/10/2012)

01/10/2012 5 NOTICE OF CASE ASSOCIATION Plaintiff Touchstone Group, LLCs Notice of Related Cases Pursuant to D.C.Colo. L.Civ.R. 7.5 by Plaintiff Touchstone Group, LLC (Attachments: # 1 Certificate of Service)(Howard, Patrick) (Entered: 01/10/2012)

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01/12/2012

6 NOTICE OF CASE ASSOCIATION Plaintiff Touchstone Group, LLC's Amended Notice of Related Cases Pursuant to D.C.Colo. L.Civ.R. 7.5 by Plaintiff Touchstone Group, LLC (Attachments: # 1 Certificate of Service)(Howard, Patrick) (Entered: 01/12/2012)

03/07/2012 7 WAIVER OF SERVICE Returned Executed by Touchstone Group, LLC. Estill & Long, LLC waiver sent on 2/24/2012, answer due 4/24/2012. (Howard, Patrick) (Entered: 03/07/2012)

03/16/2012 8 NOTICE of Entry of Appearance by John Joseph Jacko, III on behalf of Steven Granoff (Attachments: # 1 Affidavit Certificate of Service)(Jacko, John) (Entered: 03/16/2012)

03/16/2012 9 NOTICE of Entry of Appearance by Alan S. Fellheimer on behalf of Steven Granoff (Attachments: # 1 Certificate of Service)(Fellheimer, Alan) (Entered: 03/16/2012)

03/21/2012 10 SUMMONS Returned Executed by Touchstone Group, LLC. Astor, Weiss, Kaplan, & Mandel LLP served on 3/2/2012, answer due 3/23/2012. (Howard, Patrick) (Entered: 03/21/2012)

03/21/2012 11 SUMMONS Returned Executed by Touchstone Group, LLC. Christopher Flannery served on 3/7/2012, answer due 3/28/2012. (Howard, Patrick) (Entered: 03/21/2012)

03/21/2012 12 SUMMONS Returned Executed by Touchstone Group, LLC. Steven Granoff served on 3/11/2012, answer due 4/2/2012. (Howard, Patrick) (Entered: 03/21/2012)

03/21/2012 13 SUMMONS Returned Executed by Touchstone Group, LLC. Krassenstein, Granoff & Unger, LLC served on 3/11/2012, answer due 4/2/2012. (Howard, Patrick) (Entered: 03/21/2012)

03/21/2012 14 SUMMONS Returned Executed by Touchstone Group, LLC. Daniel J. Rink served on 3/12/2012, answer due 4/2/2012. (Howard, Patrick) (Entered: 03/21/2012)

03/21/2012 15 SUMMONS Returned Executed by Touchstone Group, LLC. SFN Group, Inc. served on 3/8/2012, answer due 3/29/2012. (Howard, Patrick) (Entered: 03/21/2012)

03/21/2012 16 SUMMONS Returned Executed by Touchstone Group, LLC. Tatum, LLC served on 3/15/2012, answer due 4/5/2012. (Howard, Patrick) (Entered: 03/21/2012)

03/21/2012 17 SUMMONS Returned Executed by Touchstone Group, LLC. Tracs Growth Investment served on 3/11/2012, answer due 4/2/2012. (Howard, Patrick) (Entered: 03/21/2012)

03/22/2012 18 I NOTICE of Entry of Appearance by Kelley Allison Duke on behalf of

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Steven Granoff, Krassenstein, Granoff & Unger, LLC (Duke, Kelley) (Entered: 03/22/2012) -

03/22/2012 19 NOTICE of Entry of Appearance by Mark E. Haynes on behalf of Steven Granoff, Krassenstein, Granoff & Unger, LLC (Haynes, Mark) (Entered: 03/22/2012)

03/22/2012 20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, and File Designation of Non-Parties at Fault by Defendants Steven Granoff, Krassenstein, Granoff & Unger, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Haynes, Mark) (Entered: 03/22/2012)

03/23/2012 21 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Astor, Weiss, Kaplan, & Mandel LLP. (Attachments: # 1 Proposed Order (PDF Only) Granting Unopposed Motion)(Fairless, Carolyn) (Entered: 03/23/2012)

03/26/2012 22 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 3/26/12. (wydcd, rrk) (Entered: 03/26/2012)

03/26/2012 23 MEMORANDUM regarding 20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, and File Designation of Non-Parties at Fault filed by Krassenstein, Granoff & Unger, LLC, Steven Granoff, 21 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Astor, Weiss, Kaplan, & Mandel LLP. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 3/26/12. Text Only Entry (wydcd, rrk) (Entered: 03/26/2012)

03/26/2012 24 MINUTE ORDER granting 20 Motion for an Enlargement of Time to Answer or Otherwise Respond to the Complaint and File Designation of Non-Parties at Fault and granting 21 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. Defendants Krassenstein Granoff & Unger, LLC; Steven Granoff, CPA; and Astor, Weiss, Kaplan, & Mandel LLP shall answer or otherwise respond to Plaintiff's Complaint no later than 4/25/2012. Defendants Krassenstein, Granoff & Unger, LLC and Steven Granoff may file a Designation of Non-Parties at Fault no later than 6/20/2012. By Magistrate Judge Kathleen M. Tafoya on 3/26/2012. Text Only Entry (kmtlc2) (Entered: 03/26/2012)

03/29/2012 25 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Christopher Flannery. (Attachments: # 1 Proposed Order (PDF Only))(Zavaglia, Robert) (Entered: 03/29/2012)

03/29/2012 26 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Defendant Daniel J. Rink. (Attachments:

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03/29/2012

03/29/2012

# 1 Proposed Order (PDF Only) Granting Enlargement of Time)(Browning, Scott) (Entered: 03/29/2012)

27 NOTICE of Entry of Appearance filed by Tamara F. Goodlette on behalf of Daniel J. Rink (Goodlette, Tamara) (Entered: 03/29/2012)

28 Unopposed MOTION for Leave to File Excess Pages by Defendants SFN Group, Inc., Tatum, LLC. (Attachments: # 1 Exhibit 1 TO UNOPPOSED MOTION TO FILE OVER-LENGTH MOTION TO DISMISS, # 2 Proposed Order (PDF Only) GRANTING UNOPPOSED MOTION TO FILE OVER-LENGTH MOTION TO DISMISS)(Edwards, Victoria) (Entered: 03/29/2012)

03/29/2012 29 MOTION to Dismiss by Defendants SFN Group, Inc., Tatum, LLC. (Attachments: # 1 Exhibit A to Motion to Dismiss)(Edwards, Victoria) (Entered: 03/29/2012)

03/29/2012 30 CORPORATE DISCLOSURE STATEMENT. (Edwards, Victoria) (Entered: 03/29/2012)

03/30/2012

03/30/2012

38 MEMORANDUM regarding 25 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Christopher Flannery, 26 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed filed by Daniel J. Rink. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 3/30/12. Text Only Entry (wydcd, rrk) Modified on 4/2/2012 to add document number (jjhsl, ). (Entered: 03/30/2012)

31 MINUTE ORDER granting 25 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Christopher Flannery shall answer or otherwise respond to the complaint no later than 4/25/2012; granting 26 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Daniel J. Rink shall answer or otherwise respond to the complaint no later than 4/25/2012. The deadline for Defendant Rink to designate nonparties at fault is extended to 6/20/2012. By Magistrate Judge Kathleen M. Tafoya on

- 3/30/12. Text Only Entry(kmtlc1 ) (Entered: 03/30/2012)

03/30/2012 32 ORDER Scheduling Conference set for 6/1/2012 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 3/30/2012. (kmtcd) (Entered: 03/30/2012)

03/30/2012 33 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Tracs Growth Investment. (Cornish, Richard) (Entered: 03/30/2012)

03/30/2012 34 MEMORANDUM regarding 33 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Tracs Growth Investment. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 3/30/12. Text Only Entry (wydcd, rrk) -

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(Entered: 03/30/2012)

03/30/2012 35 MINUTE ORDER granting 33 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Tracs Growth Investment shall answer or otherwise respond to the complaint no later than 4/25/2012. B Magistrate Judge Kathleen M. Tafoya on 3/30/12. Text Only Entry(kmtlc1) (Entered: 03/30/2012)

03/30/2012 36 ERRATA re 29 MOTION to Dismiss by Defendants SFN Group, Inc., Tatum, LLC. (Attachments: # 1 Motion to Dismiss, # 2 Ex. A to Motion to Dismiss)(Edwards, Victoria) (Entered: 03/30/2012)

04/02/2012 37 ORDER granting 28 Motion for Leave to File Excess Pages. Defendants Tatum, LLC and SFN Group, Inc. may file an over-length motion to dismiss of no longer than 27 pages by Chief Judge Wiley Y. Daniel on 4/2/2012. Text Only Entry(wydlc4, ) (Entered: 04/02/2012)

04/02/2012 39 First MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Dismiss by Plaintiff Touchstone Group, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Howard, Patrick) (Entered: 04/02/2012)

04/03/2012 40 ORDER granting 39 Motion for Extension of Time to File Response/Reply to and including Friday, May 25, 2012, by Chief Judge Wiley Y. Daniel on 4/3/2012. Text Only Entry(wydlc4, ) (Entered: 04/03/2012)

04/03/2012 41 MOTION to Consolidate Cases by Interested Party John Paul Anderson. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D)(DeBord, Kathryn) (Entered: 04/03/2012)

04/04/2012 42 MOTION to Consolidate Cases by Interested Party John Paul Anderson. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D, # 5 Proposed Order (PDF Only))(DeBord, Kathryn) (Entered: 04/04/2012)

04/18/2012 43 MOTION to Strike 29 MOTION to Dismiss Motion to Strike or Exclude, and Evidentiary Objections, to, Improperly Submitted Evidence in the Motion to Dismiss of Defendants Tatum, LLC and SFN Group, Inc. [Docket No. 29] by Plaintiff Touchstone Group, LLC. (Attachments: # 1 Affidavit of Karl Barth, # 2 Proposed Order (PDF Only))(Barth, Karl) (Entered: 04/18/2012)

04/20/2012 44 MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Consolidate Cases by Defendants SFN Group, Inc., Tatum, LLC. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion for Enlargement of Time)(Roman, Ryan) (Entered: 04/20/2012)

04/20/2012 45 Unopposed MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Consolidate Cases by Defendants Steven Granoff, Krassenstein, Granoff & Unger, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Haynes, Mark) (Entered: 04/20/2012)

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04/20/2012 46 ORDER granting 44 Motion for Extension of Time to File Response/Reply to and including Friday, May 11, 2012, by Chief Judge Wiley Y. Daniel on 4/20/2012. Text Only Entry(wydlc4, ) (Entered: 04/20/2012)

04/20/2012 47 ORDER granting 45 Motion for Extension of Time to File Response/Reply to and including Friday, May 11, 2012, by Chief Judge Wiley Y. Daniel on 4/20/2012. Text Only Entry(wydlc4, ) (Entered: 04/20/2012)

04/20/2012 48 WITHDRAWN ORDER denying 43 Motion to Strike or Exclude. ORDERED that Defendants Tatum, LLC and SFN Group, Inc.'s Motion to Dismiss Counts I, II, III, IV, VI and XI of Plaintiff's Complaint 29 is converted to a Motion for Summary Judgment. ORDERED that any party who wishes to submit additional materials for the Court to consider in connection with the Motion for Summary Judgment may do in connection with the filing of its Response and Reply brief by Chief Judge Wiley Y. Daniel on 04/20/12.(jjhsl, ) (Modified on 5/17/2012 Withdrawn pursuant to the 82 Order of 5/17/2012)(ervsl, ). (Entered: 04/20/2012)

04/23/2012 49 Unopposed MOTION for Leave to Exceed Page Limitations by Defendants Astor, Weiss, Kaplan, & Mandel LLP, Christopher Flannery. (Fairless, Carolyn) (Entered: 04/23/2012)

04/23/2012 50 ORDER granting 49 Motion for Leave to Exceed Page Limitations. Defendants Astor, Weiss, Kaplan & Mandel LLP, and Christopher P. Flannery may file a combined over-length motion to dismiss of no longer than 20 pages by Chief Judge Wiley Y. Daniel on 4/23/2012. Text Only Entry(wydlc4, ) (Entered: 04/23/2012)

04/23/2012 51 Unopposed MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Consolidate Cases by Defendant Estill & Long, LLC. (McConnell, Michael) (Entered: 04/23/2012)

04/23/2012 52 ORDER granting 51 Motion for Extension of Time to File Response/Reply to and including Friday, May 11, 2012 by Chief Judge Wiley Y. Daniel on 4/23/2012. Text Only Entry(wydlc4, ) (Entered: 04/23/2012)

04/23/2012 53 MOTION for Summary Judgment Plaintiffs' Fed. R. Civ. P. 56(D) Motion to Deny Summary Judgment or to Defer Plaintiff's Opposition to the Tatum Defendants' Motion for Summary Judgment by Plaintiff Touchstone Group, LLC. (Attachments: # 1 Proposed Order (PDF Only), # 2 Affidavit Declaration of Karl P. Barth, # 3 Exhibit A-C)(Barth, Karl) (Entered: 04/23/2012)

04/24/2012 54 Unopposed MOTION for Leave to Exceed Page Limitation, filed by Defendant Daniel J. Rink. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Goodlette, Tamara) (Entered: 04/24/2012)

04/24/2012 55 BRIEF in Opposition to 53 MOTION for Summary Judgment Plaintiffs' Fed. R. Civ. P. 56(D) Motion to Deny Summary Judgment or to Defer

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Plaintiff's Opposition to the Tatum Defendants' Motion for Summary Judgment filed by Defendants SFN Group, Inc., Tatum, LLC. (Marsh, Michael) (Entered: 04/24/2012)

04/24/2012 56 NOTICE of Entry of Appearance by Benjamin Joseph Larson on behalf of Steven Granoff, Krassenstein, Granoff & Unger, LLC (Larson, Benjamin) (Entered: 04/24/2012)

04/24/2012 57 Unopposed MOTION for Leave to Exceed Page Limitation by Defendants Steven Granoff, Krassenstein, Granoff & Unger, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Haynes, Mark) (Entered: 04/24/2012)

04/25/2012 58 ORDER granting 54 Motion for Leave to Exceed Page Limitation. Defendant Daniel J. Rink may file an over-length motion to dismiss of no longer than 27 pages by Chief Judge Wiley Y. Daniel on 4/25/2012. Text Only Entry(wydlc4, ) (Entered: 04/25/2012)

04/25/2012 59 ORDER granting 57 Motion for Leave to Exceed Page Limitation. Defendant Steven Granoff and Defendant Krassenstein, Granoff & Unger, LLC, may file a combined over-length motion to dismiss of no longer than 30 pages by Chief Judge Wiley Y. Daniel on 4/25/2012. Text Only Entry(wydlc4, ) (Entered: 04/25/2012)

04/25/2012 60 MOTION to Dismiss by Defendant Estill & Long, LLC. (McConnell, Michael) (Entered: 04/25/2012)

04/25/2012 61 Joint MOTION to Dismiss by Defendants Astor, Weiss, Kaplan, & Mandel LLP, Christopher Flannery. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Fairless, Carolyn) (Entered: 04/25/2012)

04/25/2012 62 MOTION to Dismiss filed by Defendant Daniel J. Rink. (Attachments: # 1 Affidavit of Daniel J. Rink, # 2 Proposed Order (PDF Only))(Goodlette, Tamara) (Entered: 04/25/2012)

04/25/2012 63 MOTION to Dismiss by Defendants Steven Granoff, Krassenstein, Granoff & Unger, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Larson, Benjamin) (Entered: 04/25/2012)

04/25/2012 64 Unopposed MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Consolidate Cases (filed by Receiver John Paul Anderson) by Defendants Astor, Weiss, Kaplan, & Mandel LLP, Christopher Flannery. (Fairless, Carolyn) (Entered: 04/25/2012)

04/26/2012 65 ORDER granting 64 Motion for Extension of Time to File Response/Reply to and including Friday, May 11, 2012, by Chief Judge Wiley Y. Daniel on 4/26/2012. Text Only Entry(wydlc4, ) (Entered: 04/26/2012)

04/26/2012 66 Unopposed MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Consolidate Cases filed by Defendant Daniel J. Rink. (Attachments: # 1 Proposed Order (PDF Only))(Goodlette, Tamara)

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(Entered: 04/26/2012)

04/27/2012 67 ORDER granting 66 Motion for Extension of Time to File Response/Reply to and including Friday, May 11, 2012, by Chief Judge Wiley Y. Daniel on 4/27/2012. Text Only Entry(wydlc4, ) (Entered: 04/27/2012)

04/27/2012 68 NOTICE of Entry of Appearance of Robert W. Steinmetz by Michael T. McConnell on behalf of Estill & Long, LLC (McConnell, Michael) (Entered: 04/27/2012)

04/27/2012 69 ANSWER to 1 Complaint, by Tracs Growth Investment.(Cornish, Richard) (Entered: 04/27/2012)

05/01/2012 70 REPLY to Response to 53 MOTION for Summary Judgment Plaintiffs' Fed. R. Civ. P. 56(D) Motion to Deny Summary Judgment or to Defer Plaintiff's Opposition to the Tatum Defendants' Motion for Summary Judgment filed by Plaintiff Touchstone Group, LLC. (Howard, Patrick) (Entered: 05/01/2012)

05/02/2012 71 MOTION for Joinder re 62 MOTION to Dismiss filed as to Counts I and II of Plaintiff's Class Action Complaint by Defendant Christopher Flannery. (Zavaglia, Robert) (Entered: 05/02/2012)

05/02/2012

05/02/2012

05/03/2012

72 BRIEF in Support of 43 MOTION to Strike 29 MOTION to Dismiss Motion to Strike or Exclude, and Evidentiary Objections, to, Improperly Submitted Evidence in the Motion to Dismiss of Defendants Tatum, LLC and SFN Group, Inc. [Docket No. 29] Notice of Errata filed by Plaintiff Touchstone Group, LLC. (Attachments: # 1 Affidavit Amened, Karl Barth)(Barth, Karl) (Entered: 05/02/2012)

73 Unopposed MOTION for Extension of Time to file Opposition to Defendants' Motions to Dismiss the Complaint by Plaintiff Touchstone Group, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Howard, Patrick) (Entered: 05/02/2012)

74 ORDER granting 73 Motion for Extension of Time to and including Friday, May 25, 2012, by Chief Judge Wiley Y. Daniel on 5/3/2012. Text Only Entry(wydlc4, ) (Entered: 05/03/2012)

05/11/2012 75 NOTICE OF NON ADMITTED ATTORNEY. The court construes that Robert W. Steinmetz has entered an appearance as an attorney in this case based on signing a document filed in this case. Pursuant to D.C.COLO.LCivR 11.1A, an attorney must be a member of the court's bar to make an appearance in a case before the court. The attorney records of the court do not reflect that counsel is a member of the bar. Unless an application for admission to the bar of the court or a motion to withdraw in this case is received within 20 days of the date of this entry, further action may be taken by the court. Text Only Entry (mjfsl, ) (Entered: 05/11/2012)

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05/11/2012 76 RESPONSE to 41 MOTION to Consolidate Cases filed by Defendants Steven Granoff, Krassenstein, Granoff & Unger, LLC. (Attachments: # 1 Exhibit A)(Duke, Kelley) (Entered: 05/11/2012)

05/11/2012 77 RESPONSE To John Paul Anderson's Motion to Consolidate 42 by Defendant Estill & Long, LLC. (McConnell, Michael) Modified on 5/14/2012 to add linkage (jjhsl, ). (Entered: 05/11/2012)

05/11/2012 78 1BRIEF in Opposition to 42 MOTION to Consolidate Cases filed by

I Defendant Daniel J. Rink. (Goodlette, Tamara) (Entered: 05/11/2012)

05/11/2012 79 RESPONSE to 42 MOTION to Consolidate Cases filed by Defendants Astor, Weiss, Kaplan, & Mandel LLP, Christopher Flannery. (Fairless, Carolyn) (Entered: 05/11/2012)

05/11/2012 80 BRIEF in Opposition to 42 MOTION to Consolidate Cases filed by Defendants SFN Group, Inc., Tatum, LLC. (Marsh, Michael) (Entered: 05/11/2012)

05/14/2012 81 NOTICE of Entry of Appearance by Anthony Darrow Shapiro on behalf of All Plaintiffs (Shapiro, Anthony) (Entered: 05/14/2012)

05/17/2012

05/18/2012

82

83

ORDER that Plaintiffs Fed. R. Civ. P. 56(d) Motion to Deny Summary Judgment or to Defer Plaintiffs Opposition to the Tatum Defendants Motion for Summary Judgment, filed April 23, 2012 ECF No. 53 is DENIED. It is FURTHER ORDERED that my Order denying Plaintiffs Motion to Strike or Exclude, and converting the Tatum Defendants Motion to Dismiss to a Motion for Summary Judgment, entered April 20, 2012 ECF No. 48 is WITHDRAWN. It is FURTHER ORDERED that Plaintiffs Motion to Strike or Exclude, filed April 18, 2012 ECF No. 43 is GRANTED as set forth herein. It is FURTHER ORDERED that Plaintiff shall respond to the Tatum Defendants motion to dismiss within 21 days of the date of this Order, by Chief Judge Wiley Y. Daniel on 5/17/2012.(ervsl, ) (Entered: 05/17/2012)

MINUTE ORDER: Discovery in this case has been automatically stayed pursuant to the Private Securities Litigation Reform Act, which provides for an automatic stay of all discovery during the pendency of a motion to dismiss claims brought under the Exchange Act. 15 U.S.C. § 78u-4(b)(3)(B). Therefore, the Scheduling Conference set for June 1, 2012, is VACATED, to be reset, if necessary, after the District Court's ruling on the pending motions to dismiss. The parties shall file a status report within ten days of the District Court's ruling on the motions to dismiss to advise whether a Scheduling Conference should be set. By Magistrate Judge Kathleen M. Tafoya on 5/18/12. Text Only Entry (kmtlc1 ) (Entered: 05/18/2012)

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