US District Court Civil Docket as of November 05, 2013 Retrieved from the court on November 22, 2013

U.S. District Court District of Idaho (LIVE Database) Version 5.1.1 (CDA - Northern)

CIVIL DOCKET FOR CASE #: 2:12-cv-00042-BLW

Bricklayers of Western Pennsylvania Pension Planet al v. Hecla Date Filed: 02/01/2012 Mining Company et al Date Terminated: 11/05/2013 Assigned to: Judge B. Lynn Winmill Jury Demand: Plaintiff related Case: 2:12cv-00067BLW Nature of Suit: 850 Cause: 15:78m(a) Securities Exchange Act

Securities/Commodities Jurisdiction: Federal Question

Date Filed # Docket Text

02/01/2012 1 COMPLAINT against Phillips S. Bakcr, Jr., Hccla Mining Companv James A. Sabala Filing fee $350 receipt number 0976-843342.), filed by Bricklayers of Western

Pennsylvania Pension Plan. (Attachments: #1 Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Gordon, Philip)

02/02/2012 This case was opened as a Southern Division (Boise) case when it should have been opiicd as a Nortlicrn Division (Coeur d'Alciie) case dtic to Koolciiai County. For Iliture filings please use case number 2:12-C V-042-BLW. (cjm)

02/02/2012

02/28/2012

02/28/2012

2 Summons Issued as to Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. (Print attached Summons for service.) (Attachments: #1 Summons, 3 2 Summons)(cjm)

3 NOTICE of Appearance by Albert P Barker on behalf of Hecla Mining Company (Barker, Albert)

I IPULATION to Extend time within which Defendants m st Respond to Complaint b\ Hecla Mining Company. (Barker Albert)

02/29/2012 5 WAIVER OF SERVICE Returned Executed by Bricklayers of Western Pennsylvania Pension Plan. Hecla Mining Company waiver sent on 2/29/2012, answer due 4/30/2012. (Gordon, Philip)

02/29/2012 6 WAIVER OF SERVICE Returned Executed by Bricklayers of Western Pennsylvania Pension Plan. James A. Sabala waiver sent on 2/29/2012, answer due 4/30/2012. (Gordon, Philip)

02/29/2012 7 \VAJVER OF SERVICE Returned Executed by Bricklayers of Western Pennsylvania Pension Plan. Phillips S. Baker, Jr. waiver sent on 2/29/2012, answer due 4/30/2012. (Gordon, Philip)

02/29/2012 8 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Phillips S. Baker, Jr., Bricklayers of Western Pennsylvania Pension Plan, Elecla Mining Company, James A. Sabala re 3 Notice of Appearance, 1 Complaint, Consent/Objection to Magistrate due by 5/3/2012. (cjm)

02/29/2012

03/06/2012

03/06/2012

NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other I )&cuments then select Corporate Disclosure Statement. (cjm)

Corporate Disclosure Statement by Hecla Mining Company, James A. Sabala, Phillips S. Baker, Jr.. Associated Cases: 2:12-cv-00067-EJL-REB, 2:12-cv-00042-BLW(Barker, Albert)

10 Corporate Disclosure Statement by Hecla Mining Company, James A. Sabala, Phillips S. Bakcr, Jr., James A Sabala. Associaicd Cases: 2:12-cv-00042-BLW, 2:12-c-00067-EJL-REB(Barker, Albert)

03/07/2012 11 ORDER granting 4 Stipulation to Extend the Time Within Which Defendants Must Response to the Complaint. Defendants deadline for responding to the Complaint is stayed. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listcd on the Noticc of Elcctronic Filing (NEF) by cjm)

04/02/2012 12 \ lOTION to Consolidatc Cases , for appointment as lead plaintiff and approval of lead counsel William Breck Seiniger, Jr appearing for Movants Hecla Investor Group, Jeffrey A. Farkas and David G. Ray,. Motions referred to Ronald E Bush. Responses due by 4/26/2012 (Attachments: #1 Memorandum in Support of the the Helca Investor Groups (1) CONSOLIDATION; (2) APPOINTMENT AS LEAD PLAINTIFF; AND (3) APPROVAL OF LEAD COUNSEL)Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-EJL-REB(Seiniger, William) Modified on 4/2/2012 per Corrective Entry (cjm).

04/02/2012

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(cjm)

04/02/2012 13 WITHDRAWN - MOTION to Consolidate Cases, to Appoint lead Plaintiff and to tpprove the Selection ofLead and Liasion Counsel and Notice ofMotion Jay J Kiiha

appearing for Movant Buddy Cox. Responses due by 4/26/2012 (Kiiha, Jay) Modified on 4/23/2012 to reflect withdrawn per dkt #35 (cjm).

04/02/2012 14 \V [THDRAWN - MOTION to Consolidate Cases Moton ofMovant W. Scott Nichols for Consolidation, Appointment as Lead Plaintiff andApproval of Selection of Co-Lead Counsel Jeffrey A Thomson appearing for Movant W. Scott Nichols. Responses due by 4/26/2012 (Attachments: #1 Memorandum in Support Memorandum of Law in Support of the Motion of Movant W. Scott Nichols for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel, # 2 Affidavit Declaration of Kenneth G. Oilman in Support of Movant W. Scott Nichols for Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel, # 3 Exhibit Exhibit A to Oilman Declaration, # 4 Exhibit Exhibit B to Oilman Declaration, # 5 Exhibit Exhibit C to Oilman Declaration, # 6 Exhibit Exhibit D to Oilman Declaration, # 2 Exhibit Exhibit E to Oilman Declaration)(Thomson, icl'frev) Modified on 4/24/2012 to reflect withdrawn per dkt #40 (cjm).

04/02/2012

15 \I I3MORANDUM in Support re 13 MOTION to Consolidate Cases, to Appoint lead R/ciintifTand to Approve the Selection ofLead andLiacion Counsel and Notice of

\Iotion filed by Buddy Cox.(Kiiha, Jay)

04/02/2012 16 WFIDAVIT in Support by Reed R. Kathrein re 13 MOTION to Consolidate Cases, (0 ippoint lead Plaintiff and to Approve the Selection ofLead and Liasion Counsel and Notice ofMoti on filed by Buddy Cox. (Attachments: # 'Exhibit A, # 2 Exhibit B,

3 Exhibit C, #4 Exhibit D - part 1, # 5 Exhibit D - part 2, #6 Exhibit D - part 3, #7 Exhibit E)(Kiiha, Jay)

04/02/2012 17 Declaration of W. Breck Seiniger in Supoprt of the HECLA Investor Groups 12 Motion for (1) Consolidation; (2) Appointment as Lead Plaintiff; and (3) Approval of Lead Counsel William Breck Seiniger, Jr appearing for Movants Jeffrey A Farkas, [-lecla Investor Group, David G Ray, Jeffrey A Farkas, David G Ray. Motions referred to Ronald E Bush. (Attachments: # I Exhibit First Notice of Pendency of a Class \ction, # 2 Exhibit Certifications of the Hecla Investor Group, # 3 Exhibit Charts of

the Hecla Investor Groups FIFO Losses, # 4 Exhibit Charts of the Hecla Investor Groups LIFO Losses, # 5 Exhibit The Hecla Investor Groups Joint Declarations, # 6 Exhibit Firm Resume of Faruqi & Faruqi, LLP)Associated Cases: 2:12-cv-00042-BLW, 2: 12-cv-00067-EJL-REB(Seiniger, William) Modified on 4/4/2012 to remove all capitalization from docket text, erroneous response deadline, and create link per Corrective Entry (cjm).

04/02/2012 18 MOTION for Institutional Investors LRI Invest S.S. ("LRI") and City of Atlanta General Employees' Pension Fund ("Atlanta GEPF") for consolidation, appointment as Lead Plaintiff, and approval of selection of counsel by Philip Howard Gordon appearing for Movants. Motions referred to Ronald E Bush. Responses due by 4/26/2012 Associaicd Cases: 2:12-cv-00042-BLW, 2:12-c\ -00067-EJL-REB(Gordon, Philip) Modified on 4/3/2012 to edit text and add movants (dks). ).

04/02/2012 19 MEMORANDUM in Support re (18 in 2:12-cv-00067-EJL-REB) MOTION \ppointment as Lead Plaintiff filed by Joseph S. Vita 2001 Revocable Trust, Joseph S. Vita IRA.Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-EJL-REB(Gordon, Philip)

04/02/2012 N DECLARATION of Philip Gordon re (19 in 2:12-cv-00067-EJL-REB, 19 in 2:12-c' - 00042-BLW) Memorandum in Support of Motion, (18 in 2:12-cv-00067-EJL-REB, 18 in 2:12-cv-00042-BLW) MOTION Appointment as Lead Plaintiff filed by Joseph S. Vita 2001 Revocable Trust, Joseph S. Vita IRA. (Attachments: #1 Exhibit, # 2 Exhibit, 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # Exhibit) \ssociated Cases: 2: 12-cv-00042-BLW 2: 12-cv-00067-EJL-REB(Gordoit Philip)

04/02/2012 21 MOTION to Consolidate Cases Appoint Lead Plaintiff; MOTION to Appoint Counsel Responses due by 4/26/20 12)Jeremy Alan Lieberman appearing for Movants James

R Holton, Michael Schneider. (Attachments: #1 Exhibit Text of Proposed Order)(Lieberman, Jeremy)

04/02/2012 22 MEMORANDUM in Support re 21 MOTION to Consolidate Cases Appoint Lead Plaintiff MOTION to Appoint Counsel filed by James R Holton, Michael Schneider. (Lieberman, Jeremy)

04/02/2012 23 \FFIDAVIT in Support re 21 MOTION to Consolidate Cases Appoint Lead Plain(, MOTION to Appoint Counsel Declaration ofJereniyA. Lieberman filed by James R Holton, Michael Schneider. ( \ttachments: #1 Exhibit A Press Release, 3 2 Exhibit B LLrtificatlonc 3 Exhibit (I' Chart 4 Exhibit D Pomerantz Firm ResumL 5 Exhibit

E Cosho Humphrey Firm Resume)(Lieberman, Jeremy)

04/02/2012 24 MOTION to Consolidate Cases Appointment as Lead Counsel and Approval of Selection of Counsel Philip Howard Gordon appearing for Movant Carpenters Pension Fund of West Virginia. Responses due by 4/26/2012 (Attachments: # 'Memorandum in Support of Motion for Consolidation, Appointment of Lead Plaintiff and Approval of Selection of Counsel, # 2 Affidavit of Philip Gordon in Support of of Motion for Consolidation, Appointment of Lead Plaintiff and Approval of Selection of Counsel, #

Exhibit A - Carpenters Notice, # 4 Exhibit B - Carpenters Certification, # 5 Exhibit C - RGRD Firm Resume, # 6 Exhibit D - Gordon Law Firm Resume)(Gordon, Philip)

04/02/2012 23 \ I OTION to Consolidate Cases Appointment as Lead Plaintiff and Approval of Selection ofLead and Liaison Counsel Benjamin Andrew Schwartzman appearing for MoN ants Cambria County Employees' Retirement System, Peter M. Quist and David W. Quist .Motions referred to Ronald E Bush. Responses due by 4/26/2012 (Attachments: #1 Exhibit A, # 2 Memorandum in Support, # 3 Declaration, #4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, #7 Exhibit D, # 8 Exhibit E, #9 Exhibit F, # 10 Exhibit G)Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-EJL-REB(Schwartzman, Benjamin) Modified on 4/3/2012 to edit text and add moN ants dks).

04/04/2012

(,:Jill)

04/04/2012

1to (cjm)

04/04/2012 Ii is preferred by the Court that Memorandum in Support of Motions, Affidavits, etc be filed as attachments to the motion when possible. Also, please remember all of out of state counsel need to have local counsel file an Application for Admission Pro Hac Vice. (cjm)

04/05/2012 26 N ( )TICE of Appearance by William F Boyd on behalf of All Defendants (Boyd, William)

04/06/2012 27 CERTIFICATE OF SERVICE by Jeffrey A Farkas, Hecla Investor Group, David G Ray re 12 MOTION to Consolidate Cases , for appointment as lead plaintiff and pproval of lead counsel; 17 Declaration of W. Breck Seiniger (Seiniger, William)

Modified on 4/9/2012 to create link to dkt #17 (cjm).

04/06/2012

04/11/2012

04/11/2012

04/17/2012

04/17/2012

04/18/2012

04/19/2012

STATUS REPORT by Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. (Bovd William)

Corporate Disclosure Statement by Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. (Boyd, William)

30 RESPONSE to Motion re 25 MOTION to Consolidate Cases , Appointment as Lead Plaintiff andApproval of Selection ofLead and Liaison Counsel, 12 MOTION to Consolidate Cases , for appointment as lead plaintiff and approval of lead counsel, 24 MOTION to Consolidate Cases , Appointment as Lead Counsel and Approval of Selection of Counsel, 21 MOTION to Consolidate Cases Appoint Lead Plaintiff MOTION to Appoint Counsel, 18 MOTION Appointment as Lead Plaintiff, 14 MOTION to Consolidate Cases Moton ofMovant W. Scott Nichols for Consolidation, tppointment as Lead Plaintiff andApproval of Selection of Co-Lead Counsel, fl

MOTION to Consolidate Cases, to Appoint lead Plaintiff and to Approve the Selection ofLead and Liasion Counsel and Notice ofMotion Non-Opposition to \Jotions for Consolidation, Appointment as Lead Plaintiff andApproval of Selection ofLead Counsel filed by Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. Replies duc by 4/3 0/2012. (Barker, Albert)

31 ORDER granting (25) Motion to Consolidate Cases; granting (12) Motion to Consolidate Cases; granting (13) Motion to Consolidate Cases; granting (14) Motion to Consolidate Cases; granting (21) Motion to Consolidate Cases; granting (24) Motion to Consolidate Cases in case 2: 12-cv-00042-BLW; granting (15) Motion to Consolidate Cases; granting (16) Motion to Consolidate Cases; granting (2 1) Motion to Consolidate Cases; granting (22) Motion to Consolidate Cases in case 2: 12-cv-00067-BLW. The two cases 2:12-cv-00042-BLW and 2:12-cv-00067-BLW shall be consolidated, with Case No. 2: 12-cv-00042-BLW as the lead case. All future filings shall be made in Case No. 2: 12-cv-00042-BLW. A Telephone Status Conference is set lEbr 4/24/2012 11:00 AM in Boise Chambers before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

Set Hearings: Telephonic Status Conference set for 4/24/2012 11:00 AM in Boise Chambers before Judge B. Lynn Winmill. (cjm)

32 MOTION FOR PRO HAC VICE APPEARANCE by Ramzi Abadou. (Filing fcc $ 225 receipt number 0976-872639.)Benjamin Andrew Schwartzman appearing for Movants Cambria County Employees' Retirement System, David W Quist, Peter M Quist. Responses due by 5/14/2012 Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-BLW(Schwartzman, Benjamin)

33 DOCKET ENTRY ORDER approving 32 Motion for Pro Hac Vice Appearance of attorney Ramzi Abadou for Cambria County Employees' Retirement System, David W Quist, Peter M Quist. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ejm)

04/19/2012 34 I)ockct cntrv only - CONSENT to Magistratc Judge filed. (cjm)

04/20/2012 35 WITHDRAWAL OF DOCUMENT re 13 MOTION to Consolidate Cases to Appoint (eadPlaintiff and to Approve the Selection ofLead and Liasion Counsel and Notice of \z[otion filed by Buddy Cox. (Kiiha, Jay)

04/20/2012 \IOTION FOR PRO HAC VICE APPEARANCE by James M. Hughes. (Filing fee .5 icceipt number 0976-873417.)Philip Howard Gordon appearing for Plaintiff

I )IILI\ la lvers of Western Pennsylvania Pension Plan. Responses due by 5/14/2012 (Gordon- Philip)

04/20/2012 37 MOTION FOR PRO HAC VICE APPEARANCE by Vinccnt I. Parrctt. (Filing fcc $ 225 receipt number 0976-873425.)Philip Howard Gordon appearing for Plaintiff Bricklayers of Western Pennsylvania Pension Plan. Responses due by 5/14/2012 (Gordon, Philip)

04/20/2012 41 Docket entry only - CONSENT to Magistrate Judge filed. (cjm) (Entered: 04/24/2012)

04/23/2012 38 RESPONSE to Motion re 21 MOTION to Consolidate Cases Appoint Lead Plaintiff MOTION to Appoint Counsel filed by James R Holton, Michaci Schneider. Replies dUe by 5/10/2012. (Lieberman, Jeremv

04/23/2012 39 DOCKET ENTRY ORDER granting 36 and 37 Motions for Pro Hac Vice Appearance of attorneys James M Hughes and Vincent I Parrett for Bricklayers of Western Pennsylvania Pension Plan, Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of I:lctronic Filing (NEF) by (dks)

04/23/2012 40 WITHDRAWAL OF DOCUMENT re: 14 MOTION to Consolidate Cases Moton of \Jovant TV Scott Nichols for Consolidation, Appointment as Lead Plaintiff and tpproval of Selection of Co-Lead Counsel filed by W. Scott Nichols. (Thomson,

JcFfrev

04/24/2012

04/25/2012

42 DOCKET ENTRY ORDER. Plaintiffs counsel shall submit a stipulation regarding the following on or before April 27, 2012: (1) Which documents related to appointment of lead counsel they will exchange among themselves; (2) Deadline for exchaning those documents; (3) Due date for briefs in response to pending motions to appoint lead plaintiff and lead counsel; and (4) Due date for reply briefs in support of motions to appoint lead plaintiff and lead counsel. Signed by Judge B. Lynn Winmill. Associated Cases: 2: 12-cv-00042-BLW, 2: 12-cv-00067-BLW((js)

43 DECLARATION of Ramzi Abadou re 25 MOTION to Consolidate Cases, tppointment as Lead Plaintiff and Approval of Selection ofLead and Liaison Counsel

Filed by Cambria County Employees' Retirement System, David W Quist, Peter M Quist. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit fl)(Abadou, Ramzi)

04/27/2012 44 StIPULATION and Proposed Scheduling Order by Cambria County Employees' Retirement System, Carpenters Pension Fund of West Virginia, City of Atlanta General Employees' Pension Fund, LRI Invest S.A., David W Quist, Peter M Quist. (AbadolL Ramzi)

04/30/2012 45 DOCKET ENTRY ORDER Adopting the Stipulation (Dkt. 44). The plaintiffs shall provide information to each other as agreed to in the Stipulation. Briefs in response to

the pending Lead Plaintiff Motions shall be filed on or before May 14, 2012. Reply briefs shall be filed on or before May 21, 2012. Signed by Judge B. Lynn Winmill. ((is)

04/30/2012 Rcset Deadlines as to 12 MOTION to Consolidate Cases , for appointment as lead Plaintiff, and approval of lead counsel, 18 MOTION Appointment as Lead Plaintiff, 21 MOTION to Consolidate Cases Appoint Lead Plaintiff MOTION to Appoint Counsel, 25 MOTION to Consolidate Cases Appointment as Lead Plaintiff and tpproval of Selection ofLead and Liaison Counsel, 24 MOTION to Consolidate

Cases Appointment as Lead Counsel and Approval of Selection of Counsel. Responses due by 5/14/2012. Replies due by 5/21/2012. Per Order dkt #45.(cjm)

05/01/2012 46 MOTION FOR PRO HAC VICE APPEARANCE by Ann K. Rifler. (Filing fee $225 receipt number 0976-876889.)Philip Howard Gordon appearing for Plaintiff Bricklayers of Western Pennsylvania Pension Plan. Responses due by 5/25/2012 Attachments: #1 Exhibit)(Gordon, Philip)

05/01/2012 47 DOCKET ENTRY ORDER approving 46 Motion for Pro Hac Vice Appearance of attorney Aim Kimmel Ritter for Bricklayers of Western Pennsylvania Pension Plan. Per General Order 206, out-of-state counsel shall immediately register for ECF. Noticc sent to CM/ECF Registration Clerk) (caused to be mailed to non Registcred Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

05/03/2012 48 MOTION FOR PRO HAC VICE APPEARANCE by Brian 0. O'Mara. (Filing fee $ 225 receipt number 0976-878104.)Philip Howard Gordon appearing for Plaintiff Carpenters Pension Fund of West Virginia Responses due by 5/29/2012 L \ttaehments: 1 ExhibitYGordon, Philip)

05/04/2012 ::.7? . ..........H.......H.: . : 11

( cjl11

05/04/2012 49 DOCKET ENTRY ORDER approving 48 Motion for Pro Hac Vice Appearance of attorney Brian 0 O'Mara for Carpenters Pension Fund of West Virginia. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) h (cjm)

05/14/2012 50 MOTION FOR PRO HAC VICE APPEARANCE by Richard W. Gonnello. (Filing I-ce $ 225 receipt number 0976-882828.)William Breck Seiniger, Jr appearing for Plaintiffs Jeffrey A Farkas, Hecla Investor Group, David G Ray. Responses due by 6/7/2012 Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-BLW(Seiniger, \\ illiam)

05/14/2012 51 \ lOTION to Appoint Counsel Declaration of W.B. Seiniger William Breck Seiniger, Jr appearing for Plaintiffs Jeffrey A Farkas, Hecla Investor Group, David G Ray. Responses due by 6/7/2012 (Attachments: #1 Exhibit Ex. A - Jeffrey Hass Treatis, # 2 Exhibit Ex. B - CFTC Letter by David Quist and Peter Quist, # 3 Exhibit Ex. C - Priccs of HL Options)Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067- I U W(Seiniger, William)

05/14/2012 52 \lOTIONto Appoint Counsel THE RESPONSE OFJEFFREYA. FARKASAND -)AVID G. RAY TO COMPETING LEAD PLAINTIFF MOTIONS William Breck Seiniger, Jr appearing for Plaintiffs Jeffrey A Farkas, Hecla Investor Group, David G

Ray. Responses due by 6/7/2012 Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-BLW(Seiniger William)

05/14/2012 53 MOTION to Appoint Counsel CeHficate of Seri', cc William Breck Seiniger, Jr appearing for Plaintiffs Jeffrey A Farkas, Hecla Investor Group, David U Ray. Responses due by 6/7/2012 Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-BLW(Seiniger, William)

05/14/2012 54 RESPONSE to Motion re (21 in 2: 12-cv-00042-BLW, 21 in 2: 12-cv-00042-BLW) MOTION to Consolidate Cases Appoint Lead Plaintiff MOTION to Appoint Counsel Filed by James R Holton, Michael Schneider. Replies due by 6/1/2012. Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-BLW(Lieberman, Jeremy)

05/14/2012 55 MEMORANDUM in Support re 25 MOTION to Consolidate Cases , Appointment as Lead Plaintiff andApproval of Selection ofLead and Liaison Counsel, 12 MOTION to Consolidate Cases , for appointment as lead plaintiff and approval of lead counsel, 24 MOTION to Consolidate Cases , Appointment as Lead Counsel and Approval of Selection of Counsel, 18 MOTION Appointment as Lead Plaintiff filed by Bricklayers of Western Pennsylvania Pension Plan.(Gordon, Philip)

05/14/2012 56 DECLARATION of James Hughes re 55 Memorandum in Support of Motion,, Ficlaration ofJames Hughes Philip Howard Gordon appearing for Plaintiff I ricklayers of Western Pennsylvania Pension Plan. (Gordon, Philip) Modified on

15/2012 per Corrective Entry(cjm).

05/14/2012 57 SUPPLEMENT of Exhibit B to 56 Declaration of James M. Hughes re 55 Memorandum in Support of Motion, Philip Howard Gordon appearing for Plaintiff BricI\Iavrs of Western PennsylN ania Pension Plan. (Gordon, Philip) Modified on S 15/2012 per Corrc,JiN c Entry (cjm).

05/14/2012 58 SUPPLEMENT of Exhibit C to 56 Declaration of James M. Hughes re 55 Memorandum in Support, Philip Howard Gordon appearing for Plaintiff Bricklayers of Western Pennsylvania Pension Plan. (Gordon, Philip) Modified on 5/15/2012 per Corrective Entry (cjm).

05/14/2012 59 SUPPLEMENT of Exhibit A to 56 Declaration of James M. Hughes re 55 Mcinorandum in Support, Philip Howard Gordon appearing for Plaintiff Brickla\ crs of Western Pennsylvania Pension Plan. (Gordon, Philip) Modified on 5/15/2012 per Corrective Entry (cjm).

05/14/2012 60 RESPONSE to Motion re 25 MOTION to Consolidate Cases, Appointment as Lead Plaintiff andApproval of Selection ofLead and Liaison Counsel, 12 MOTION to Consolidate Cases , for appointment as lead plaintiff and approval of lead counsel, 21 MOTION to Consolidate Cases Appoint Lead Plaintiff MOTION to Appoint Counsel, 18 MOTION Appointment as Lead Plaintiff Memorandum ofLaw in Further Support of Carpenters Pension Fund of West Virginia's Motion for Appointement as Lead Plaintiff and Approval ofIts Selection ofLead Counsel and in Opposition to Cnmpeting Motions filed by Carpenters Pension Fund of West Virginia. Replies duc b' 6/1/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gordon, Philip

05/14/2012 61 \ I I3MORANDUM in Opposition re 24 MOTION to Consolidate Cases, Appointment JIS Lead Counsel and Approval of Selection of Counsel, 12 MOTION to Consolidate Cases, for appointment as lead plaintiff and approval of lead counsel, 18 MOTION

\ppointment as Lead Plaintiff filed by Cambria County Employees' Retirement System, David W Quist, Peter M Quist. Replies due by 6/1/2012. (Attachments: #1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E,

Exhibit F)(Schwartzman, Benjamin)

58

'Li)))

05/15/2012 (Jounsd is reminded that per Order docket 31 in lead case 2: 12-cv-00042-BLW and Order docket 32 in member case 2: 12-cv-00067-BLW, ALL filing is to be done ONLY in lead case 2:12-cv-00042-BLW. Please do not spread entries in both cases. Plcase call Carrie at 208-334-9397 with any questions. Associaicd Cases: 2:12-c-00042- 13LW 2: 12-cv-00067-BLW(cjm)

05/15/2012

flu - 'cjm)

05/15/2012 1&set Deadlines as to 12 MOTION to Consolidate Cases , for appointment as lead plaintiff, and approval of lead counsel, 18 MOTION Appointment as Lead Plaintiff, 11 MOTION to Consolidate Cases Appoint Lead Plaintiff MOTION to Appoint Counsel, 25 MOTION to Consolidate Cases Appointment as Lead Plaintiff and tpproval of Selection ofLead and Liaison Counsel, 24 MOTION to Consolidate

Cases Appointment as Lead Counsel and Approval of Selection of Counsel. Replies due by 5/21/2012. Per Order 45 .(cjm)

05/15/2012 62 DOCKET ENTRY ORDER approving (50) Motion for Pro Hac Vice Appearancc of attorney Richard W Gonnello for Jeffrey A Farkas, David 0 Ray. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) in case 2: 12-cv-00042-BLW; approving (35) Motion for Pro Hac Vice Appearance of attorney Richard W Gonnello for Jeffrey A Farkas, David 0 Ray

in case 2:12-cv-00067-BLW. Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

05/21/2012 RIPLY to Response to Motion re 12 \l( )TION to Consolidate Cases , for n lead plaintiff and approval of lead J)Unsel REPLY OF JEFFREY1. Ii ...I. I VD

/ LVID G. RAY TO COMPETING Li. 1/ PLAINTIFF MOTIONS filed b\ jclrc\ I: irkas David U Ravf onnello Richard)

05/21/2012 64 REPLY to Response to Motion rc 24 MOTION to Consolidaic Cases , Appointment as Lead Counsel and Approval ofSelection of Counsel Carpenters Pension Fund of 11 est

rginia 's Reply Memorandum in Further Support ofIts Motion for Appointment as Lead Plaintiff andApproval ofIts Selection of Counsel filed by Carpenters Pension Fund of West Virginia. (O'Mara, Brian)

05/2 1/2012 65 REPLY to Response to Motion re 18 MOTION Appointment as Lead Plaintiff filed by Bricklayers of Western Pennsylvania Pension Plan. (Attachments: #1 Affidavit Reply Declaration of James M. Hughes, #2 Exhibit Exhibit D. to Declaration, #3 Exhibit Exhibit E. to Declaration)(Gordon, Philip)

05/2 1/2012 66 REPLY to Response to Motion re 25 MOTION to Consolidate Cases , Appointment as Lead Plaintiff andApproval of Selection ofLead and Liaison Counsel filed by Cambria County Employees' Retirement System, David W Quist, Peter M Quist. L \1tachments: 4 I Declaration, # 2 Exhibit AYSchwartzman. Benjamin)

05/22/2012

(cjl11)

05/22/2012

05/29/2012

67 CI RTIFICATE OF SERVICE by Jeffrey A Farkas, David U Ray re 63 Reply to Response to Motion, (Gonnello, Richard)

68 NOTICE by Cambria County Employees' Retirement System, David W Quist, Peter M Quist ofRecent Authority in support of 25 Motion for Appointment as Lead Counsel Attachmciits: #1 Appcndix A)(Schwartzman, Bciijamin) Modified on 5/30/2012 to

crcatc liil1\ (cjm).

07/10/2012 69 \( )I I(- L of Change of Address by Ramzi Abadou (Abadow Ramzi)

07/12/2012 70 ORDER denying (25) Motion to Consolidate Cases; denying (12) Motion to Consolidate Cases; granting (18) Motion; denying (21) Motion to Consolidate Cases; denying (21) Motion to Appoint Counsel; denying (24) Motion to Consolidate Cases in case 2: 12-cv-00042-BLW; denying (22) Motion to Appoint Counsel; denying (15) Motion to Consolidate Cases; denying (16) Motion to Consolidate Cases; granting ( : 18) Motion; denying (21) Motion to Consolidate Cases; denying (22) Motion to Consolidate Cases in case 2:12-cv-00067-BLW. Institutional Investors shall be the lead plaintiffs, and their counsel shall be appointed lead counsel. Signed by Judge B. Lynn Winmill. Associated Cases: 2:12-cv-00042-BLW, 2:12-cv-00067-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

07/13/2012 71 NOTICE OF HEARING: A Telephonic Scheduling Conference is set for 8/20/2012 at 1:30 PM (Mountain time) before Judge B. Lynn Winmill. The call in information is as follows: Dial in number 877-336-1828; Access Code 4685496; Security Code 9466. (Attachments: #1 Litigation Plan Letter, # 2 Litigation Plan)(jlg)

07/26/2012 72 STIPULATION re (11 in 2: 12-cv-00042-BLW) Order, Joint Proposed Schedule for (be I I (ing of an Amended Complaint and Briefing Schedule for Motion to Dismiss by Phillips S. Bakcr, Jr., Hccla Mining Company, James A. Sabala, James A Sabala. .\ssociated Cases: 2:12-cv-00042-BLW 2:12-cv-00067-BLW(Barker Albert)

07/26/2012 DISREGARD - The entry document number 72 Stipulation, Filed by James A Sabala, James A. Sabala, Phillips S. Baker, Jr., Hecla Mining Company in regards to the proposed order, was filed incorrectly in this case. Pursuant to the ECF Procedures, section 12B, all proposed orders are to be submitted by email to the appropriate Judges proposed order email box. The filing party shall re-submit their proposed order. (cjm) Modified on 7/26/2012 to reflect disregard as proposed order was submitted (cjm).

07/30/2012 73 ORDER granting 72 Stipulation. The lead plaintiffs shall file an amended complaint by 9/25/2012. The defendants shall respond to the amended complaint by 11/26/2012. If tlic defendants move to dismiss, lead plaintiffs' may filed an opposition brief by 12/28/2012, and the defendants may file a reply brief by 1/28/2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

08/02/2012 74 MOTION FOR PRO HAC VICE APPEARANCE by Marlon Kimpson. (Filing fee $ 225 receipt number 0976-913460.)Philip Howard Gordon appearing for Plaintiff I ricklayers of Western Pennsylvania Pension Plan. Responses due by 8/27/2012 Gordon, Philip)

08/02/2012 75 MOTION FOR PRO HAC VICE APPEARANCE by Badge Humphries. (Filing fee $ 225 receipt number 0976-913463.)Philip Howard Gordon appearing for Plaintiff Bricklayers of Western Pennsylvania Pension Plan. Responses due by 8/27/2012 (Gordon- Philip)

08/02/2012 76 DOCKET ENTRY ORDER approving 74 Motion for Pro Hac Vice Appearance of attorney Marlon Kimpson for Bricklayers of Western Pennsylvania Pension Plan; approving 75 Motion for Pro Hac Vice Appearance of attorney Badge Humphries for Bricklayers of Western Pennsylvania Pension. Plan Per General Order 206, out-of-staic counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

08/15/2012 77 DOCKET ENTRY ORDER. The August 20, 2012 scheduling conference is \.W .TED. Signed by Judge B. Lynn Winmill. Os)

09/13/2012 78 \I OTION for Extension of Time to Amend 1 Complaint, Philip Howard Gordon a)pcaring for Plaintiff LRI Invest S.A.. Responses due 1w 10/9/2012 (Gordon- Philip)

09/14/2012 79 NOTICE OF HEARING: A Telephonic Scheduling Conferiicc is set for 10/16/2012 it 3:00 PM (Mountain Time) before Judge B Lynn Winmill The call in information is as follows: Dial in number 877-336-1828; Access Code 4685496; Security Code 9466. The attached litigation plan template is used in the garden variety civil case. The Court

recognizes that this case is more complex than the typical case, and that it may require phased litigation or other modifications. Therefore, the Court encourages counsel to discuss any proposed modifications, and be prepared to discuss them at the telephone scheduling conference. The Court also recognizes that it has already adopted a briefing schedule for the filing of an amended complaint and response, but the Court feels that it is worth conducting a telephonic scheduling conferece at this point in order to come up with a more long-term game plan for this case. (Attachments: # 'Litigation Plan Letter, # 2 Litigation Plan)(jlg)

09/17/2012

80 \inended MOTION for Extension of Time to Amend 78 MOTION for Extension of Time to Amend 1 Complaint, Philip Howard Gordon appearing for Plaintiff LRI Invest S.A.. Responses due by 10/12/2012 (Gordon, Philip)

09/19/2012 81 ORDER deeming as moot 78 Motion for Extension of Time to Amend; granting 80 Motion for Extension of Time to Amend. Lead plaintiffs shall file their amended complaint on or before 10/16/2012. Defendants shall file their response or motion to dismiss on or before 12/17/2012. Lead plaintiffs shall file their opposition to any motion to dismiss on or before 1/16/2013. Defendants shall file their reply on or before 2/15/2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) b (cjm)

10/11/2012 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. (Barker, Albert)

10/16/2012 83 MOTION FOR PRO HAC VICE APPEARANCE by John F. Hartmann. (Filing fee $ 225 receipt number 0976-942490.)Albert P Barker appearing for Defendants Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. Responses due by 11/9/2012 (Barker, Albert)

10/16/2012 84 DOCKET )CKET ENTRY ORDER approving 83 Motion for Pro Hac Vice Appearance of attorney John F Hartmann for Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Regisicred Participants at the addresses lisicd on the Noticc of Elcctronic Filing (NEF) hy(cjm)

10/16/2012 85 \\I] \ DED COMPLAINTFOR VIOL ITION OF THE IlDERAL SECURITIES US against All Defendants, filed by LRI Invest S.A.. ( \ttachments: #1 Exhibit

I\hibits A - R)(Gordon, Philip)

10/24/2012 86 \IOTION FOR PRO HAC VICE APPEARANCE by Mark Filip. (Filing fee $225 reccipt number 0976-945902.)Albert P Barker appearing for Defendants Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. Responses due by 11/19/2012 (Barker, Albert)

10/25/2012 87 DOCKET ENTRY ORDER approving 86 Motion for Pro Hac Vice Appearance of attorney Mark Filip for Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

12/07/2012 88 MOTION for Extension of Time to File Response/Reply Defendant's Motion for

ic/tn (onal Time to File Response or Motion to Dismiss (Unopposed) Albert P Barker appcaring for Defendants Phillips S. Baker Jr., Heola Mining Companv James A. Sabala. Responses due by 1/2/2013 (Barker, Albert)

12/10/2012 89 ORDER granting 88 Motion for Extension of Time to File Response or Motion to Dismiss (Unopposed). Defendants' response or motion to dismiss shall be due on or before 1/7/13; Lead Plaintiffs' opposition to any motion to dismiss shall be due on or before 2/6/13. Defendants' reply shall be due by 3/8/13. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by Op) (Entered: 12/11/2012)

12/28/2012 90 \IOTION for Leave to File Excess Pages Defendants' Unopposed Motion for I ilargement ofPage Lim Albert P Barker appearing for Defendants Phillips S. I aker, Jr., Hecla Mining Company, James A. Sabala. Responses due by 1/22/2013 (I arke-r Albert)

12/30/2012 91 DOCKET ENTRY ORDER granting 90 Motion for Leave to File Excess Pages. Defendants may file a 35-page memorandum of law in support of their motion to dismiss. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by Os)

01/07/2013 92 MOTION to Dismiss Albert P Barker appearing for Defendants Phillips S. Baker, Jr., [-lecla Mining Company, James A. Sabala. Responses due by 1/31/2013 (Attachments: I Memorandum in Support, # 2 Exhibit Ex A, # 3 Exhibit Ex B, #4 Exhibit Ex C, #

5 Exhibit Ex D, # 6 Exhibit Ex E, #7 Exhibit Ex F, # 8 Exhibit Ex 0, #9 Exhibit Ex F-I, # 10 Exhibit Ex I, # 11 Exhibit Ex J, # 12 Exhibit Ex K, # 13 Exhibit Ex L, # 14 [\hibit Ex M 15 Exhibit Ex N 16 Exhibit Ex O)(Barker Albert)

01/15/2013 93 MOTION for Exlciision of Time to File Response/Reply (Responses duc by 2/8/2013), MOTION for Leave to File Excess Pages Philip Howard Gordon appearing For Plaintiff Bricklayers of Western Pennsylvania Pension Plan. (Gordon, Philip)

01/16/2013

01/16/2013

02/20/2013

02/21/2013

94 DOCKET ENTRY ORDER granting 93 Motion for Extension of Time to File Response/Reply Briefs, and Motion for Leave to File Excess Pages. Plaintiffs' response brief shall be filed on or before February 20, 2013. Plaintiffs' brief may be up to, but no more than, 35 pages. Defendants' reply brief shall be filed on or before March 22, 2013. The reply brief may be up to, but no more than, 15 pages. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by Os)

Reset Deadlines as to 92 MOTION to Dismiss. Responses due by 2/20/2013. Replies duc by 3/22/2013. Per Order dkt #94.(cjm)

95 RI SPONSE to Motion re 92 MOTION to Dismiss filed by Bricklayers of Western Pennsylvania Pension Plan. Replies due by 3/11/2013. (Attachments: #1 Exhibit, #2 Exhibit)(Gordon, Philip)

Reset Deadlines as to 92 MOTION to Dismiss. Replies due by 3/22/2013. Per Order dkt #94.(cjm)

03/19/2013 96 MOTION for Leave to File Excess Pages Defendant's Unopposed Motion for Enlargement ofPage Limit for Reply Brief Albert P Barker appearing for Defendants Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. Responses due by

4/12/2013 (Barker, Albert)

03/20/2013 97 DOCKET ENTRY ORDER granting 96 Motion for Leave to File Excess Pages. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants A the addresses listed on the Notice of Electronic Filing (NEF) by ds)

03/20/2013 98 DOCKET )CKET ENTRY NOTICE OF HEARING regarding 92 Motion to Dismiss: A Motion Hearing is set for 4/18/2013 at 1:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlg)

03/22/2013 99 REPLY to Response to Motion re 92 MOTION to Dismiss Reply Memo in Support of \Iotion to Dismiss filed by Phillips S. Baker, Jr., Hecla Mining Company, James A. Sabala. (Attachments: #1 Exhibit P, # 2 Exhibit Q, # 3 Exhibit R, # 4 Exhibit S)(Barker, Albert)

03/26/2013 100 VMENDED DOCKET ENTRY NOTICE OF HEARING regarding 92 Motion to Dismiss: At the request of counsel, the Motion Hearing set for 4/18/2013 is RESCHEDULED for 4/19/2013 at 1:30 PM in Boise - Courtroom 3 before Judge B. I nn Winmill. (jlg)

04/19/2013 101

05/21/2013 102 Transcript of Procccdings licid on 4/19/2013 (Motion Hearing) before Judge B. Lynn Winmill. Court Reporter/Transcriber Tammy Hohenleitner, Telephone number 208-334-1500. Transcript may be viewed at the court 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 PACER. This transcript is not available to the general public and as such is sealed. Redaction Request due 6/14/2013. Redacted Transcript Deadline set for 6/24/2013. Release of Transcript Restriction set For 8/22/20 13.(cjm) (Entered: 05/23/2013)

05/23/2013 103 Notice of Filing of Official Transcript (cjm)

09/26/2013 104 MEMORANDUM DECISION AND ORDER granting with leave to amend 92 Defendant's Motion to Dismiss. Plaintiffs may file an amended complaint on or before 10/18/2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

11/05/2013 105 JUDGMENT in accordance with the 104 Memorandum Decision and Order. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment be entered in Favor of defendants, and that this case be dismissed in its entirety with prejudice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

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