U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division) CIVIL...

US District Court Civil Docket as of March 22, 2013 Retrieved from the court on March 28, 2013

U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Western Division)

CIVIL DOCKET FOR CASE #: 5:11-cv-00004-D

Pipefitters Local No. 636 Defined Benefit Plan v. Tekelec et al Date Filed: 01/06/2011 Assigned to: Chief Judge James C. Dever, III Cause: 12:22 Securities Fraud

Date Terminated: 03/22/2013 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by David A. Rosenfeld Robbins Geller Rudman & Dowd LLP 58 South Service Rd., Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan Gardner Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0700 Fax: 212-818-0477 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol C. Villegas Labaton Sucharow LLP 140 Broadway New York, NY 10005 212-907-0700 Fax: 212-818-0477 Email: [email protected] ATTORNEY TO BE NOTICED

Mindy S. Dolgoff Labaton Sucharow LLP 140 Broadway

Plaintiff

Pipefitters Local No. 636 Defined Benefit Plan

New York, NY 10005 212-907-0700 Fax: 212-818-0477 Email: [email protected] ATTORNEY TO BE NOTICED

L. Bruce McDaniel McDaniel & Anderson, L.L.P. Lafayette Square 4942 Windy Hill Dr. P. O. Box 58186 Raleigh, NC 27658 919-872-3000 Fax: 919-790-9273 Email: [email protected] ATTORNEY TO BE NOTICED

V.

Defendant

Tekelec represented by Carl N. Patterson , Jr. Smith Anderson Blount Dorsett Mitchell & Jernigan, LLP Wells Fargo Capitol Center, 150 Fayetteville St., Suite 2300 P.O. Box 2611 Raleigh, NC 27602-2611 919-821-6647 Fax: 919-821-6800 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

David H. Kistenbroker Dechert LLP 115 S. LaSalle St., 26th Floor Chicago, IL 60603 312-646-5811 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kirk Alan Parry , Jr. Smith Anderson Blount Dorsett Mitchell & Jernigan, LLP Wells Fargo Capitol Center, 150 Fayetteville St., Suite 2300 P.O. Box 2611 Raleigh, NC 27602-2611 919-821-6621

Fax: 919-821-6800 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carl E. Volz Dechert LLP 115 S. LaSalle St., 26th Floor Chicago, IL 60603 312-646-5812 Email: [email protected] ATTORNEY TO BE NOTICED

Michael J. Lohnes Katten Muchin Rosenman, LLP 525 W. Monroe St. Chicago, IL 60661 312-902-5341 Fax: 312-577-4721 Email: [email protected] ATTORNEY TO BE NOTICED

Richard L. Farley Katten Muchin Rosenman LLP 550 South Tryon St., Suite 2900 Charlotte, NC 28202 (704)444-2037 Fax: (704) 344-3075 Email: [email protected] TERMINATED: 07/12/2012

Defendant

Franco Plastina represented by Carl N. Patterson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David H. Kistenbroker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kirk Alan Parry , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carl E. Volz (See above for address) ATTORNEY TO BE NOTICED

Michael J. Lohnes (See above for address) ATTORNEY TO BE NOTICED

Richard L. Farley (See above for address) TERMINATED: 07/12/2012

Defendant

William H. Everett represented by Carl N. Patterson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Kirk Alan Parry , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Defendant

Gregory Rush represented by Carl N. Patterson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Kirk Alan Parry , Jr. (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED




Movant

Norfolk County Retirement System represented by David A. Rosenfeld (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Carol C. Villegas (See above for address) ATTORNEY TO BE NOTICED

L. Bruce McDaniel (See above for address) ATTORNEY TO BE NOTICED

Mindy S. Dolgoff (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/06/2011 1 COMPLAINT against William H. Everett, Franco Plastina, Gregory Rush, Tekelec ( Filing fee $ 350 receipt number 0417-1455075.), filed by Pipefitters Local No. 636 Defined Benefit Plan. (McDaniel, L.) (Entered: 01/06/2011)

01/06/2011 2 NOTICE of filing of Civil Cover Sheet & Summons by Pipefitters Local No. 636 Defined Benefit Plan. (Attachments: # 1 Summons Tekelec, # 2 Summons Franco Plastina, # 3 Summons William Everett, # 4 Summons Gregory Rush) (McDaniel, L.) (Entered: 01/06/2011)

01/06/2011 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to

Pipefitters Local No. 636 Defined Benefit Plan. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available on the court's website. (Sawyer, D.) (Entered: 01/06/2011)

01/06/2011

3 Summons Issued as to William H. Everett, Franco Plastina, Gregory Rush, and Tekelec. Counsel should print summons and effect service. (Sawyer, D.) (Entered: 01/06/2011)

01/10/2011 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/applications/mediators.asp . Please serve this list on all parties. (Beasley, B.) (Entered: 01/10/2011)

01/10/2011 4 FINANCIAL DISCLOSURE STATEMENT by Pipefitters Local No. 636 Defined Benefit Plan. (McDaniel, L.) (Entered: 01/10/2011)

03/07/2011 5 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff by Pipefitters Local No. 636 Defined Benefit Plan, Norfolk County Retirement System. (Attachments: # 1 Text of Proposed Order) (McDaniel, L.) (Entered: 03/07/2011)

03/07/2011 6 Memorandum in Support re 5 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (Attachments: # 1 Unpublished Decision) (McDaniel, L.) (Entered: 03/07/2011)

03/07/2011 7 AFFIDAVIT in Support re 5 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (Attachments: # 1 Exhibit A - Notice, # 2 Exhibit B - Certifications, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - RGRD Firm Resume, # 5 Exhibit E - Labaton Firm Resume) (McDaniel, L.) (Entered: 03/07/2011)

03/08/2011 NOTICE TO COUNSEL regarding 5 Motion to Appoint Counsel, 6 Memorandum in Support, and 7 Affidavit in Support of Motion: Pursuant to Judge Dever's practice preferences, counsel shall provide a courtesy copy of motions and memoranda for documents over 20 pages, by mailing or delivering to the case manager at the clerk's office in Raleigh. (Sawyer, D.) (Entered: 03/08/2011)

03/21/2011

03/22/2011

04/12/2011

Motion Submitted to Judge Dever: 5 Motion to Appoint Counsel and for Appointment as Lead Plaintiff. (Sawyer, D.) (Entered: 03/21/2011)

Motions No Longer Submitted to Judge Dever: 5 Motion to Appoint Counsel and for Appointment as Lead Plaintiff . (Sawyer, D.) (Entered: 03/22/2011)

8 NOTICE of Appearance by Richard L. Farley on behalf of William H. Everett, Franco Plastina, Gregory Rush, Tekelec (Farley, Richard) (Entered: 04/12/2011)

04/12/2011 9 Joint MOTION to Establish Scheduling Order by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Attachments: # 1 Text of Proposed Order) (Farley, Richard) (Entered: 04/12/2011)

04/13/2011 Motion Submitted to US District Judge James C. Dever III: 9 Joint Motion to Establish Scheduling Order. (Sawyer, D.) (Entered: 04/13/2011)

04/18/2011 10 NOTICE by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan re 5 MOTION to Appoint Counsel and for Appointment as Lead Plaintiff Notice of Non-Opposition (McDaniel, L.) (Entered: 04/18/2011)

04/19/2011

Motion Submitted to US District Judge James C. Dever III: 5 Motion to Appoint Counsel and for Appointment as Lead Plaintiff. (Sawyer, D.) (Entered: 04/19/2011)

04/28/2011

11 ORDER granting 5 Motion to Appoint Lead Counsel. Signed by US District Judge James C. Dever III on 4/28/2011. (Sawyer, D.) (Entered: 04/28/2011)

04/28/2011 12 ORDER granting 9 Motion Establishing Pleading Schedule. Counsel should read the order in its entirety for critical deadlines and information. Signed by US District Judge James C. Dever III on 4/28/2011. (Sawyer, D.) (Entered: 04/28/2011)

05/11/2011 13 NOTICE of Appearance by Jonathan Gardner on behalf of Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan (Gardner, Jonathan) (Entered: 05/11/2011)

05/19/2011 14 NOTICE of Appearance by Mindy S. Dolgoff on behalf of Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan (Dolgoff, Mindy) (Entered: 05/19/2011)

05/20/2011 NOTICE TO COUNSEL re: 14 Notice of Appearance - Pursuant to Section J(4) of the CM/ECF Policy Manual, the filing user of any document requiring more than one signature (e.g., pleadings filed by special appearance attorneys, stipulations, joint status reports) must list thereon all the names of other signatories by means of "/s/" block for each. In the future, out-of-state counsel is reminded to include the '/s/Judith Attorney' for local counsel. No need to refile at this time. (Jenkins, C.) (Entered: 05/20/2011)

06/16/2011 15 MOTION for Extension of Time to File Amended Class Action Complaint by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (Gardner, Jonathan) (Entered: 06/16/2011)

06/17/2011 Motion Submitted to Judge James C. Dever III: 15 MOTION for Extension of Time to File Amended Class Action Complaint . (Edwards, S.) (Entered: 06/17/2011)

06/17/2011 16 ORDER granting 15 Motion for Extension of Time to File an Amended Class Action Complaint. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by US District Judge James C. Dever III on 6/17/2011. (Edwards, S.) (Entered: 06/17/2011)

06/27/2011

06/27/2011

06/27/2011

17 NOTICE of Appearance by Michael J. Lohnes on behalf of William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Lohnes, Michael) (Entered: 06/27/2011)

18 NOTICE of Appearance by Carl E. Volz on behalf of William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Volz, Carl) (Entered: 06/27/2011)

19 NOTICE of Appearance by David H. Kistenbroker on behalf of William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Kistenbroker, David) (Entered: 06/27/2011)

06/30/2011 20 AMENDED COMPLAINT for Violations of Federal Securities Laws against All Defendants, filed by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (Gardner, Jonathan) (Entered: 06/30/2011)

08/23/2011 21 Joint MOTION for Leave to File Excess Pages in Memoranda in Support of and

Opposition to Defendants' Motion to Dismiss by William H. Everett, Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan, Franco Plastina, Gregory Rush, Tekelec. (Attachments: # 1 Text of Proposed Order) (Farley, Richard) (Entered: 08/23/2011)

08/24/2011 Motion Submitted to US District Judge James C. Dever III: 21 Joint Motion for Leave to File Excess Pages. (Sawyer, D.) (Entered: 08/24/2011)

08/29/2011 22 ORDER granting 21 Motion for Leave to File Excess Pages. Signed by US District Judge James C. Dever III on 8/29/2011. (Sawyer, D.) (Entered: 08/29/2011)

08/29/2011 23 Declaration of Carl Volz in Support of the Defendants' Motion to Dismiss Amended Class Action Complaint for Violations of Federal Securities Laws by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Attachments: # 1 Exhibit A: Individual Defendants Forms 4 for the trades alleged in the Complaint., # 2 Exhibit B: Historical stock prices chart, # 3 Exhibit C: December 3, 2009 Indian Department of Telecommunications letter., # 4 Exhibit D: January 13, 2010 Indian Department of Telecommunications letter., # 5 Exhibit E: March 18, 2010 Indian Department of Telecommunications letter., # 6 Exhibit F: August 3, 2010 USA Today article entitled Tough Indian Telecom Rules Spark Foreign Backlash.", # 7 Exhibit G: Tekelecs press release announcing its fourth quarter 2009 operating results, # 8 Exhibit H: Tekelecs earnings call transcript for the fourth quarter of 2009, # 9 Exhibit I: Excerpts from Tekelecs Form 10-K for 2009, # 10 Exhibit J: Excerpts from Tekelecs Form 10-Q for the third quarter of 2009, # 11 Exhibit K: Tekelecs press release announcing its first quarter 2010 operating results, # 12 Exhibit L: Tekelecs Form 10-Q for the first quarter of 2010, # 13 Exhibit M: Tekelecs April 27, 2010 Press Release., # 14 Exhibit N: Tekelecs earnings call transcript for the first quarter of 2010, # 15 Exhibit O: Excerpts from Tekelecs Form 10-K for 2010) (Kistenbroker, David) (Entered: 08/29/2011)

08/29/2011 24 MOTION to Dismiss Amended Class Action Complaint for Violations of Federal Securities Laws by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Kistenbroker, David) (Entered: 08/29/2011)

08/29/2011 25 Memorandum in Support re 24 MOTION to Dismiss Amended Class Action Complaint for Violations of Federal Securities Laws filed by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Attachments: # 1 Exhibit 1 part 1 Unpublished Decisions, # 2 Exhibit 1 part 2 - Unpublished Decisions, # 3 Exhibit 1 part 3 - Unpublished Decisions, # 4 Exhibit 1 part 4 - Unpublished Decisions, # 5 Exhibit 1 part 5 - Unpublished Decisions, # 6 Exhibit 1 part 6 - Unpublished Decisions, # 7 Exhibit 1 part 7 - Unpublished Decisions, # 8 Exhibit 1 part 8 - Unpublished Decisions, # 9 Exhibit 1 part 9 - Unpublished Decisions, # 10 Exhibit 2 Proposed Order) (Kistenbroker, David) (Entered: 08/29/2011)

08/30/2011 NOTICE TO COUNSEL regarding 23 Declaration, 24 Motion to Dismiss, and 25 Memorandum in Support: Pursuant to Judge Dever's practice preferences, counsel shall provide a courtesy copy of motions and memoranda for documents over 20 pages, by mailing or delivering to the case manager at the clerk's office in Raleigh. (Sawyer, D.) (Entered: 08/30/2011)

10/27/2011 26 NOTICE of Appearance for non-district by David A. Rosenfeld on behalf of Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan (Rosenfeld, David) (Entered: 10/27/2011)

10/28/2011 NOTICE TO COUNSEL re: 26 Notice of Appearance for Non-District Counsel - Counsel should file a Certificate of Service pursuant to Section F(3) of the CM/ECF Policy Manual (located on the Court's website). (Jenkins, C.) (Entered: 10/28/2011)

10/31/2011 27 Memorandum in Opposition to 24 Defendants Motion to Dismiss filed by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (Rosenfeld, David) Modified on 11/1/2011 to link document to motion. (Sawyer, D.) (Entered: 10/31/2011)

10/31/2011 28 Declaration of David A. Rosenfeld in Support of 27 Lead Plaintiffs Opposition to Defendants Motion to Dismiss by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan filed by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Rosenfeld, David) Modified on 11/1/2011 to link document to memorandum. (Sawyer, D.) (Entered: 10/31/2011)

10/31/2011 29 CERTIFICATE OF SERVICE by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan re 26 Notice of Appearance for Non-District Counsel (Rosenfeld, David) (Entered: 10/31/2011)

11/29/2011 MOTION SUBMITTED to Chief US District Judge James C. Dever III: 24 Motion to Dismiss Amended Class Action Complaint for Violations of Federal Securities Laws . (Sawyer, D.) (Entered: 11/29/2011)

11/30/2011 30 REPLY to Response to Motion re 24 MOTION to Dismiss Amended Class Action Complaint for Violations of Federal Securities Laws filed by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Attachments: # 1 Exhibit 1) (Kistenbroker, David) (Entered: 11/30/2011)

03/26/2012 31 ORDER granting 24 Motion to Dismiss. Plaintiffs' amended complaint [D.E. 20] is DISMISSED WITHOUT PREJUDICE. Plaintiffs may address the errors identified by the court, make any other changes plaintiffs deem appropriate, and file a second amended complaint. If plaintiffs choose to file a second amended complaint, plaintiffs must do so on or before April 30, 2012. If plaintiffs file a second amended complaint, defendants shall respond in accordance with Federal Rule of Civil Procedure 15(a)(3). Signed by Chief Judge James C. Dever III on 3/26/2012. (Sawyer, D.) (Entered: 03/26/2012)

04/23/2012 32 NOTICE of Appearance by Carol C. Villegas on behalf of Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (Villegas, Carol) (Entered: 04/23/2012)

04/30/2012 33 AMENDED COMPLAINT /Second Amended Class Action Complaint for Violations of Federal Securities Laws against All Defendants, filed by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (Gardner, Jonathan) (Entered: 04/30/2012)

05/03/2012 34 Consent MOTION for Extension of Time by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Attachments: # 1 Text of Proposed Order) (Farley, Richard) (Entered: 05/03/2012)

05/04/2012 MOTION SUBMITTED to Chief Judge James C. Dever III: 34 Consent Motion for Extension of Time. (Sawyer, D.) (Entered: 05/04/2012)

05/04/2012 35 ORDER granting 34 Motion for Extension of Time. Counsel should read the order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 5/4/2012. (Sawyer, D.) (Entered: 05/04/2012)

05/04/2012 36 AMENDED COMPLAINT /Corrected Second Amended Class Action Complaint for Violations of Federal Securities Laws against All Defendants, filed by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (Gardner, Jonathan) (Entered: 05/04/2012)

05/11/2012 37 Joint MOTION for Leave to File Excess Pages by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Attachments: # 1 Text of Proposed Order) (Farley, Richard) (Entered: 05/11/2012)

05/11/2012 NOTICE OF DEFICIENCY regarding 37 Motion for Leave to File Excess Pages. Incomplete case number and no certificate of service attached. Counsel should file a separately captioned certificate of service using Civil Event - Service of Process. (Heath, D.) (Entered: 05/11/2012)

05/11/2012 38 CERTIFICATE OF SERVICE by William H. Everett, Franco Plastina, Gregory Rush, Tekelec regarding 37 Joint MOTION for Leave to File Excess Pages. (Farley, Richard) (Entered: 05/11/2012)

05/13/2012 MOTION SUBMITTED to Chief Judge James C. Dever III: 37 Joint Motion for Leave to File Excess Pages. (Sawyer, D.) (Entered: 05/13/2012)

05/15/2012 39 ORDER granting 37 Motion for Leave to File Excess Pages. Signed by Chief Judge James C. Dever III on 5/15/2012. (Sawyer, D.) (Entered: 05/15/2012)

05/30/2012 40 MOTION to Dismiss Second Amended Class Action Complaint by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Attachments: # 1 Text of Proposed Order) (Volz, Carl) (Entered: 05/30/2012)

05/30/2012 41 Memorandum in Support regarding 40 MOTION to Dismiss Second Amended Class Action Complaint filed by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Volz, Carl) (Entered: 05/30/2012)

05/30/2012 42 Declaration regarding 41 Memorandum in Support of Motion to Dismiss Second Amended Class Action Complaint by William H. Everett, Franco Plastina, Tekelec, Gregory Rush filed by William H. Everett, Franco Plastina, Tekelec, Gregory Rush. (Attachments: # 1 Exhibit A Individual Defendants' Forms 4 documenting the trades, # 2 Exhibit B report documenting the historical stock prices of Tekelec's stock, # 3 Exhibit C relevant excerpts from Tekelec's Form 10-Q for the second quarter of 2010, # 4 Exhibit D letter from the Indian Department of Telecommunications dated December 3, 2009, # 5 Exhibit E letter from the IDoT, dated January 13, 2010, # 6 Exhibit F letter from the IDoT, dated March 18, 2010, # 7 Exhibit G copy of the USA Today article, # 8 Exhibit H relevant excerpts from Tekelec's Form 10-K for 2010, # 9 Exhibit I copy of Tekelec's press release announcing its fourth quarter 2009 operating results, # 10 Exhibit J Tekelec's earning call transcript for the fourth quarter of 2009, # 11 Exhibit K is a true and correct copy of the relevant excerpts from Tekelec's Form 10-K for 2009, # 12 Exhibit L relevant excerpts from Tekelec's Form 10-Q for the third quarter of 2009, # 13 Exhibit M Tekelec's press release announcing its first quarter 2010 operating results, # 14 Exhibit N relevant excerpts from Tekelec's Form 10-Q for the first quarter of 2010, # 15 Exhibit O copy of the April 27, 2010 Press Release, # 16 Exhibit P

Tekelec's earning call transcript for the first quarter of 2010) (Volz, Carl) (Entered: 05/30/2012)

05/31/2012 NOTICE TO COUNSEL regarding 41 Memorandum in Support. No certificate of service attached. Pursuant to Rule 5(d), Fed. R. Civ. P. each document must contain a certificate of service. Counsel should file a separately captioned certificate of service as to 41 Memorandum in Support. (Heath, D.) (Entered: 05/31/2012)

05/31/2012 43 CERTIFICATE OF SERVICE by William H. Everett, Franco Plastina, Gregory Rush, Tekelec re 41 Memorandum in Support ofDefendants' Motion to Dismiss the Second Amended Class Action Complaint (Volz, Carl) (Entered: 05/31/2012)

06/27/2012 44 MOTION for Extension of Time to File Opposition to Motion to Dismiss by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (McDaniel, L.) (Entered: 06/27/2012)

06/27/2012 MOTION REFERRED to Julie A. Richards, Clerk of Court: 44 Motion for Extension of Time to File Opposition to Motion to Dismiss. (Sawyer, D.) (Entered: 06/27/2012)

06/28/2012 Motion No Longer Referred to Julie A. Richards, Clerk of Court: 44 Motion for Extension of Time to File Opposition to Motion to Dismiss. (Sawyer, D.) (Entered: 06/28/2012)

06/28/2012 MOTION SUBMITTED to Chief Judge James C. Dever III: 44 Motion for Extension of Time to File Opposition to Motion to Dismiss. (Sawyer, D.) (Entered: 06/28/2012)

07/10/2012 45 MEMORANDUM IN OPPOSITION to 40 Motion to Dismiss the Corrected Second Amended Class Action Complaint filed by Pipefitters Local No. 636 Defined Benefit Plan. (Rosenfeld, David) (Entered: 07/10/2012)

07/10/2012 46 DECLARATION of David Rosenfeld filed by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan filed by Norfolk County Retirement System, Pipefitters Local No. 636 Defined Benefit Plan. (Attachments: # 1 Exhibit A - Form 10-Q filed 8/5/09, # 2 Exhibit B - Form 10-K filed 2/27/08, # 3 Exhibit C - Form 10-K filed 2/26/09) (Rosenfeld, David). Modified on 7/11/2012 to properly identify exhibits . (Sawyer, D.) (Entered: 07/10/2012)

07/11/2012 47 MOTION to Withdraw as Attorney for Defendants by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Attachments: # 1 Text of Proposed Order Order) (Farley, Richard) (Entered: 07/11/2012)

07/11/2012 48 NOTICE of Appearance by Carl N. Patterson, Jr on behalf of All Defendants (Patterson, Carl) (Entered: 07/11/2012)

07/11/2012 NOTICE TO COUNSEL regarding 45 Memorandum in Opposition and 46 Declaration: Pursuant to Section L of the CM/ECF Policy and Procedures Manual, attachments and exhibits must be identified with a clear and complete description of the document. The case manager has corrected the error, however all future filings with exhibits and/or attachments should be in compliance. Also, pursuant to Chief Judge James C. Dever III's practice preferences, counsel shall provide a courtesy copy of motions and memoranda for documents over 20 pages, by mailing or delivering to the case manager at the clerk's office in Raleigh. (Sawyer, D.) (Entered: 07/11/2012)

07/11/2012 MOTION SUBMITTED to Chief Judge James C. Dever III: 47 Motion to Withdraw as

Attorney for Defendants. (Sawyer, D.) (Entered: 07/11/2012)

07/11/2012 49 NOTICE of Appearance by Kirk Alan Parry, Jr on behalf of All Defendants (Parry, Kirk) (Entered: 07/11/2012)

07/12/2012 50 ORDER granting 47 Motion to Withdraw as Attorney. Attorney Richard L. Farley terminated as counsel of record Defendants Tekelec, Franco Plastina, William Everett and Gregory Rush (the "Tekelec Defendants"). Signed by Chief U.S. District Judge James C. Dever III on 7/12/2012. (Jenkins, C.) (Entered: 07/12/2012)

07/26/2012 51 Consent MOTION for Extension of Time to File Reply as to 45 Memorandum in Opposition by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Attachments: # 1 Text of Proposed Order For Extension of Time) (Parry, Kirk) (Entered: 07/26/2012)

07/27/2012 MOTION REFERRED Julie A. Richards, Clerk of Court: 51 Consent MOTION for Extension of Time to File Response/Reply as to 45 Memorandum in Opposition. (Edwards, S.) (Entered: 07/27/2012)

07/27/2012 TEXT ORDER granting 44 Motion for Extension of Time. The Lead Plaintiffs' Memorandum in Opposition and Declaration filed on July 10, 2012 are deemed timely filed. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 07/27/2012. (Skinner, J.) (Entered: 07/27/2012)

07/27/2012 TEXT ORDER granting 51 motion for extension of time to reply to 40 motion to dismiss. Defendants' reply deadline is extended through and including August 7, 2012. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 07/27/2012. (Skinner, J.) (Entered: 07/27/2012)

08/07/2012 52 REPLY to Response to Motion regarding 40 MOTION to Dismiss Second Amended Class Action Complaint filed by William H. Everett, Franco Plastina, Gregory Rush, Tekelec. (Parry, Kirk) (Entered: 08/07/2012)

09/21/2012 MOTION SUBMTTED to Chief Judge James C. Dever III: 40 Motion to Dismiss Second Amended Class Action Complaint. (Sawyer, D.) (Entered: 09/21/2012)

03/22/2013 53 ORDER granting 40 Motion to Dismiss and denying plaintiff's request to file third amended complaint. Signed by Chief Judge James C. Dever III on 3/22/2013. (Sawyer, D.) (Entered: 03/22/2013)

03/22/2013 54 JUDGMENT: IT IS ORDERED AND ADJUDGED that the Court GRANTS the Motion to Dismiss [D.E. 40], and the Plaintiff's request to file a Third Amended Complaint is DENIED. Signed by Debby Sawyer, Deputy Clerk for Julie A. Richards, Clerk of Court on 3/22/2013. (Sawyer, D.) (Entered: 03/22/2013)

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