U.S. District Court Northern District of Texas...

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US District Court Civil Docket as of June 10, 2013 Retrieved from the court on June 11, 2013 U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:09-cv-00791-K Buettgen v. Harless et al Assigned to: Judge Ed Kinkeade Referred to: Magistrate Judge Paul D Stickney (Settlement) Cause: 15:78m(a) Securities Exchange Act Plaintiff Date Filed: 04/30/2009 Date Terminated: 04/02/2013 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Jan Buettgen on behalf of himself and all others similarly situated represented by Jamie Jean McKey Kendall Law Group LLP 3232 McKinney Avenue Suite 700 Dallas, TX 75204 214/744-3000 Fax: 214/744-3015 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Debra J Wyman Robbins Geller Rudman & Dowd LLP 655 W Broadway Suite 1900 San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 Email: [email protected] Bar Status: Not Admitted Hamilton Philip Lindley Deans & Lyons, LLP 325 N. Saint Paul St. Suite 1500 Dallas, TX 75201 214.965.8500 Fax: 214.965.8505 Email: [email protected] TERMINATED: 06/15/2010 Bar Status: Admitted/In Good Standing

Transcript of U.S. District Court Northern District of Texas...

Page 1: U.S. District Court Northern District of Texas …securities.stanford.edu/.../2013611_r01k_09CV00791.pdfUS District Court Civil Docket as of June 10, 2013 Retrieved from the court

US District Court Civil Docket as of June 10, 2013 Retrieved from the court on June 11, 2013

U.S. District Court Northern District of Texas (Dallas)

CIVIL DOCKET FOR CASE #: 3:09-cv-00791-K

Buettgen v. Harless et al Assigned to: Judge Ed Kinkeade Referred to: Magistrate Judge Paul D Stickney (Settlement) Cause: 15:78m(a) Securities Exchange Act

Plaintiff

Date Filed: 04/30/2009 Date Terminated: 04/02/2013 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Jan Buettgen on behalf of himself and all others similarly situated

represented by Jamie Jean McKey Kendall Law Group LLP 3232 McKinney Avenue Suite 700 Dallas, TX 75204 214/744-3000 Fax: 214/744-3015 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Debra J Wyman Robbins Geller Rudman & Dowd LLP 655 W Broadway Suite 1900 San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 Email: [email protected] Bar Status: Not Admitted

Hamilton Philip Lindley Deans & Lyons, LLP 325 N. Saint Paul St. Suite 1500 Dallas, TX 75201 214.965.8500 Fax: 214.965.8505 Email: [email protected] TERMINATED: 06/15/2010 Bar Status: Admitted/In Good Standing

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Roger L Mandel Lackey Hershman LLP 3102 Oak Lawn Suite 777 Dallas, TX 75219 214 560-2201 Fax: 214 560-2203 Email: [email protected] Bar Status: Admitted/In Good Standing

Thomas E Bilek The Bilek Law Firm LLP 808 Travis Suite 802 Houston, TX 77002 713/227-7720 Fax: 713/227-9404 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Thomas J McKenna Gainey McKenna & Egleston 440 Park Avenue South 5th Floor New York, NY 10016 212/983-1300 Fax: 212/983-0383 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Not Admitted

V.

Consol Plaintiff

John Heffner represented by Roger F Claxton Individually and on Behalf of All Others

Claxton Law Firm

Similary Situated

10000 N Central Expwy Suite 725 Dallas, TX 75231 214/969-9029 Fax: 214/953-0583 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Howard G Smith Law Office of Howard G Smith

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3070 Bristol Pike Suite 112 Bensalem, PA 19020 215/638-4847 Fax: 215/638-4867 Bar Status: Not Admitted

Kara M Wolke Glancy Binkow & Goldberg LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310/201-9150 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Kevin F Ruf Glancy Binkow & Goldberg LLP 1801 Avenue of the Stars Suite 311 Los Angeles, CA 90067 310/201-9150 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Lionel Z Glancy Glancy Binkow & Goldberg LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310/201-9150 Fax: 310/201-9160 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Michael Goldberg Glancy Binkow & Goldberg 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310/201-9150 Fax: 310/201-9160 Bar Status: Not Admitted

Robert V Prongay

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Glancy Binkow & Goldberg LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310/201-9150 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Consol Plaintiff

Alan Goldberg on Behalf of Himself and All Others Similarly Situated

represented by Hamilton Philip Lindley (See above for address) TERMINATED: 06/15/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Joe Kendall Kendall Law Group LLP 3232 McKinney Avenue, Suite 700 Dallas, TX 75204 214/744-3000 Fax: 214/744-3015 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Consol Plaintiff

Wade L Jones represented by Richard Earl Walden Walden Law Firm PLLC 8201 Cantrell Road Suite 315 Little Rock, AR 72227 501-748-4832 Fax: 888-220-7933 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Eric F Leon Kirkland & Ellis LLP 601 Lexington Ave New York, NY 10022 212/446-4800 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

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represented by Dee J Kelly , Jr Kelly Hart & Hallman 201 Main St Suite 2500 Fort Worth, TX 76102-3194 817/332-2500 Fax: 817/878-9280 FAX Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Andrew G Horne Kirkland & Ellis LLP 601 Lexington Ave New York, NY 10022 212/446-4800 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Eric F Leon (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Harriet Ellan Miers Locke Lord LLP 2200 Ross Avenue Suite 2200 Dallas, TX 75201-6776 214/740-8000 Fax: 214/740-8800 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Jay P Lefkowitz Kirkland & Ellis LLP 601 Lexington Ave New York, NY 10022 212/446-4800 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

V.

Defendant

Katherine J Harless

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Bar Status: Not Admitted

Kristin Sheffield-Whitehead Kirkland & Ellis LLP 601 Lexington Ave New York, NY 10022 212/446-4800 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Marcus G Mungioli Kelly Hart & Hallman 201 Main Street Suite 2500 Fort Worth, TX 76102 817/878-3519 Fax: 817/878-9719 FAX Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Matthew F Dexter Kirkland & Ellis LLP 601 Lexington Ave New York, NY 10022 212/446-4800 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Seth Michael Roberts Locke Lord Bissell & Liddell LLP 2200 Ross Ave Suite 2200 Dallas, TX 75204 214/740-8453 Fax: 214/756-8453 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Defendant

Andrew Coticchio represented by Dee J Kelly , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

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Andrew G Horne (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Eric F Leon (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Harriet Ellan Miers (See above for address) Bar Status: Admitted/In Good Standing

Jay P Lefkowitz (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Kristin Sheffield-Whitehead (See above for address) ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Marcus G Mungioli (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Matthew F Dexter (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Seth Michael Roberts (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Defendant

Samuel D Jones represented by Dee J Kelly , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

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Andrew G Horne (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Eric F Leon (See above for address) ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Harriet Ellan Miers (See above for address) Bar Status: Admitted/In Good Standing

Jay P Lefkowitz (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Kristin Sheffield-Whitehead (See above for address) ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Marcus G Mungioli (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Matthew F Dexter (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Seth Michael Roberts (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Defendant

Frank P. Gatto represented by Dee J Kelly , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Andrew G Horne

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(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Eric F Leon (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Harriet Ellan Miers (See above for address) Bar Status: Admitted/In Good Standing

Jay P Lefkowitz (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Kristin Sheffield-Whitehead (See above for address) ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Marcus G Mungioli (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Matthew F Dexter (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Seth Michael Roberts (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Defendant

Scott W Klein represented by Dee J Kelly , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Andrew G Horne

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(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Eric F Leon (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Harriet Ellan Miers (See above for address) Bar Status: Admitted/In Good Standing

Jay P Lefkowitz (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Kristin Sheffield-Whitehead (See above for address) ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Marcus G Mungioli (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Matthew F Dexter (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Seth Michael Roberts (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

V.

Movant

James Lyman represented by Roger L Mandel (See above for address) Bar Status: Admitted/In Good Standing

Movant

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John Bennett represented by Roger L Mandel (See above for address) Bar Status: Admitted/In Good Standing

represented by Roger F Claxton (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

represented by Jamie Jean McKey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Craig Wallace Smith Robbins Arroyo LLP 600 B St Suite 1900 San Diego, CA 92101 (619)525-3990 Fax: (619)525-3991 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Debra J Wyman (See above for address) ATTORNEY TO BE NOTICED Bar Status: Not Admitted

James E Barz Robbins Geller Rudman & Dowd LLP 655 W Broadway Suite 1900 San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Joe Kendall (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Movant

Aldan Ag Inc.

Movant

Kentucky State District Council of Carpenters Pension Trust Fund

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Jonah H Goldstein Robbins Geller Rudman & Dowd LLP 655 W Broadway Suite 1900 San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Julia M Williams Robbins Umeda LLP 600 B Street Suite 1900 San Diego, CA 92101 619/525-3990 Fax: 619/525-3991 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Julie A Kearns Robbins Geller Rudman & Dowd LLP 655 W Broadway Suite 1900 San Diego, CA 92101 619/231-1058 Fax: 619/231-7423 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Kelly M McIntyre Robbins Arroyo LLP 600 B St Suite 1900 San Diego, CA 92101 (619) 525-3990 Fax: (619) 525-3991 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Lauren Dana Martindale Robbins Geller Rudman & Dowd LLP 655 W Broadway Suite 1900 San Diego, CA 92101

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619/231-1058 Fax: 619/231-7423 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Lionel Z Glancy (See above for address) ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Movant

the Buettgen Group represented by Scott E Poynter Emerson Poynter The Museum Center 500 President Clinton Ave Suite 305 Little Rock, AR 72201 501/907-2555 Fax: 501/907-2556 FAX Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Movant

Movant Jack B. Corwin represented by Grant Cook Movant represented by counsel

The Cook Law Firm 5701 Woodway Suite 330 Houston, TX 77057 713/552-0700 Fax: 713/552-1610 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Mack Ed Swindle Whitaker Chalk Swindle & Schwartz PLLC 301 Commerce St Suite 3500 Fort Worth, TX 76102-4186 817/878-0500 Fax: 817/878-0501 FAX Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Thomas F Harkins , Jr

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Whitaker Chalk Swindle & Schwartz PLLC 301 Commerce Street, Suite 3500 Fort Worth, TX 76102-4186 817/878-0500 Email: [email protected] ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Movant

Kenneth F Werring represented by Debra J Wyman (See above for address) ATTORNEY TO BE NOTICED Bar Status: Not Admitted

Mediator

ADR Provider represented by Nicholas H Politan TERMINATED: 12/30/2011

Nicholas H Politan LLC 5 Becker Farm Rd Roseland, NJ 07068 TERMINATED: 12/30/2011 LEAD ATTORNEY Bar Status: Not Admitted

Date Filed # Docket Text

04/30/2009 1 COMPLAINT WITH JURY DEMAND for Violations of Federal Securities Law against all defendants filed by Jan Buettgen. Summons(es) not requested at this time. (Filing fee $350; Receipt number 05390000000002703612) (Bilek, Thomas) (Entered: 04/30/2009)

04/30/2009

2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jan Buettgen. (Bilek, Thomas) (Entered: 04/30/2009)

04/30/2009

3 NOTICE of Lawsuit and Request for Waiver of Service filed by Jan Buettgen (Bilek, Thomas) (Entered: 04/30/2009)

06/29/2009 4 ORDER of TRANSFER. This case is hereby TRANSFERRED to the docket of the honorable Ed Kinkeade for possible consolidation with a related case, assigned Civil Action Number 3:09-CV-0938-K. All future filings in this case should be filed under Civil Action Number 3:09-CV-0791-K. (Ordered by Judge Jorge A Solis on 6/29/09) (skt) (Entered: 06/30/2009)

07/01/2009 5 STIPULATION by Katherine J Harless, Andrew Coticchio, Samuel D Jones, Frank P. Gatto, Scott W Klein Extending Defendants' Time to Answer, Move or Otherwise Respond to Complaint . (Mungioli, Marcus) (Entered: 07/01/2009)

07/01/2009 6 ORDER CONSOLIDATING CASES: Member case(s) 3:09-cv-938 consolidated with lead case 3:09-cv-791. John Heffner rep by Michael Goldberg, Lionel Z Glancy, Roger F Claxton, Howard G Smith, and Alan Goldberg rep by Joe Kendall, Hamilton Lindley added to case pursuant to consolidation. (Ordered by Judge Ed Kinkeade on

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7/1/09) (skt) (Entered: 07/06/2009)

07/07/2009 7 MOTION to Appoint Lead Plaintiffs and Approve Selection of Lead and Liaison Counsel filed by Jan Buettgen with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Thomas E. Bilek, # 3 Proposed order) (Bilek, Thomas) (Entered: 07/07/2009)

07/07/2009 8 MOTION for Appointment of Lead Plaintiff and Co-Lead Counsel filed by James Lyman, John Bennett (Mandel, Roger) (Entered: 07/07/2009)

07/07/2009 9 Brief/Memorandum in Support filed by James Lyman, John Bennett re 8 MOTION for Appointment of Lead Plaintiff and Co-Lead Counsel (Mandel, Roger) (Entered: 07/07/2009)

07/07/2009 10 ADDITIONAL ATTACHMENTS to 8 MOTION for Appointment of Lead Plaintiff and Co-Lead Counsel, 9 Brief/Memorandum in Support of Motion by Movants James Lyman, John Bennett. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Mandel, Roger) (Entered: 07/07/2009)

07/07/2009

11 MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Aldan Ag Inc. (Claxton, Roger) (Entered: 07/07/2009)

07/07/2009

12 Brief/Memorandum in Support filed by Aldan Ag Inc. re 11 MOTION to Appoint Counsel and Appointment as Lead Plaintiff (Claxton, Roger) (Entered: 07/07/2009)

07/07/2009 13 Appendix in Support filed by Aldan Ag Inc. re 11 MOTION to Appoint Counsel and Appointment as Lead Plaintiff , 12 Brief/Memorandum in Support of Motion (Claxton, Roger) (Entered: 07/07/2009)

07/07/2009

07/23/2009

14 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Kentucky State District Council of Carpenters Pension Trust Fund with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Points and Authorities in Support, # 2 Appendix, # 3 Exhibit A to Appendix, # 4 Exhibit B to Appendix, # 5 Exhibit C to Appendix, # 6 Exhibit D to Appendix, # 7 Exhibit E to Appendix, # 8 Text of Proposed Order) (Kendall, Joe) (Entered: 07/07/2009)

15 Unopposed Motion for Extension of Time to File Answer, Move or Otherwise Respond to Complaint filed by Katherine J Harless, Andrew Coticchio, Samuel D Jones, Frank P. Gatto, Scott W Klein. (Mungioli, Marcus) . (Entered: 07/23/2009)

07/27/2009 16 RESPONSE in Opposition filed by James Lyman, John Bennett re 11 MOTION to Appoint Counsel and Appointment as Lead Plaintiff, 14 MOTION to Appoint Counsel and Appoint Lead Plaintiff, 7 MOTION to Appoint Lead Plaintiffs and Approve Selection of Lead and Liaison Counsel (Mandel, Roger) (Entered: 07/27/2009)

07/27/2009 17 RESPONSE in Opposition filed by Aldan Ag Inc. Response to Competing Motions for Lead Plaintiff and in Support of Aldan's Motion for Appointment (Attachments: # 1 Appendix In Support of Aldan AG's Brief in Further Support of Appointment as Lead Plaintiff and in Opposition to Competing Motions for Lead Plaintiff) (Claxton, Roger) (Entered: 07/27/2009)

07/27/2009 18 RESPONSE in Opposition filed by Jan Buettgen to Competing Motions and in Further Support of the Buettgen Group's Motion to Appoint Lead Plaintiffs and Approve

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Selection of Lead and Liaison Counsel (Bilek, Thomas) (Entered: 07/27/2009)

07/27/2009 19 RESPONSE filed by Kentucky State District Council of Carpenters Pension Trust Fund re 11 MOTION to Appoint Counsel and Appointment as Lead Plaintiff, 7 MOTION to Appoint Lead Plaintiffs and Approve Selection of Lead and Liaison Counsel, 8 MOTION for Appointment of Lead Plaintiff and Co-Lead Counsel (Kendall, Joe) (Entered: 07/27/2009)

08/10/2009 20 Unopposed MOTION to Extend Time to File Motion for Class Certification filed by James Lyman and John W Bennett (Mandel, Roger) Modified on 8/10/2009 (jrb). (Entered: 08/10/2009)

08/11/2009 21 Movants REPLY to Oppositions to Competing Motions re: 11 MOTION to Appoint Counsel and Appointment as Lead Plaintiff, 14 MOTION to Appoint Counsel and Appoint Lead Plaintiff, 7 MOTION to Appoint Lead Plaintiffs and Approve Selection of Lead and Liaison Counsel filed by James Lyman, John Bennett (Mandel, Roger) (Entered: 08/11/2009)

08/11/2009 22 REPLY Memorandum in Further Support re: 7 MOTION to Appoint Lead Plaintiffs and Approve Selection of Lead and Liaison Counsel filed by Jan Buettgen (Attachments: # 1 Declaration with exhibits) (Bilek, Thomas) (Entered: 08/11/2009)

08/11/2009 23 REPLY in Further Support of Motion for Appointment As Lead Counsel and Approval of Lead Plaintiff's Selection of Lead Counsel and In Further Opposition to Competing Motions re: 11 MOTION to Appoint Counsel and Appointment as Lead Plaintiff filed by Aldan Ag Inc. (Claxton, Roger) (Entered: 08/11/2009)

08/11/2009 24 REPLY re: 14 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Kentucky State District Council of Carpenters Pension Trust Fund (Kendall, Joe) (Entered: 08/11/2009)

08/11/2009 25 Appendix in Support filed by Aldan Ag Inc. re 11 MOTION to Appoint Counsel and Appointment as Lead Plaintiff and in Further Opposition to Competing Motions (Claxton, Roger) (Entered: 08/11/2009)

08/19/2009 26 NOTICE of Transfer filed by Jan Buettgen (Attachments: # 1 Exhibit A) (Bilek, Thomas) (Entered: 08/19/2009)

08/20/2009 27 ORDER granting 20 Unopposed MOTION to Extend Time to File Motion for Class Certification. The deadline to file the Motion for Class Certification pursuant to Northern District of Texas Rule 23.2 is hereby vacated until such date set forth in the Case Management Order that the parties anticipate will be entered after the Court's appointment of Lead Plaintiff(s). (Ordered by Judge Ed Kinkeade on 8/20/09) (skt) (Entered: 08/24/2009)

08/20/2009 28 ORDER granting 15 Defendants Unopposed Motion Extending Defendants' Time to Answer, Move or Otherwise Respond to Complaint. (See Order) (Ordered by Judge Ed Kinkeade on 8/20/09) (skt) (Entered: 08/24/2009)

08/24/2009 29 NOTICE of Filing of Supplemental Declarations filed by Jan Buettgen (Bilek, Thomas) (Entered: 08/24/2009)

09/30/2009 30 ORDER CONSOLIDATING CASES: Member case(s) 3:09cv1552 consolidated with lead case 3:09cv731. See Order. (Ordered by Judge Ed Kinkeade on 9/30/09) (svc)

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(Entered: 10/01/2009)

11/09/2009 31 Memorandum Opinion and Order denying 11 Motion to Appoint Counsel filed by Aldan Ag Inc., granting 14 Motion to Appoint Counsel, filed by Kentucky State District Council of Carpenters Pension Trust Fund, denying 7 Motion for Miscellaneous Relief, filed by Jan Buettgen, denying 8 Motion for Miscellaneous Relief filed by John Bennett, James Lyman. See order for specifics. (Ordered by Judge Ed Kinkeade on 11/9/09) (jrb) (Entered: 11/10/2009)

11/17/2009 32 Unopposed MOTION to Set the Schedule for Filing the consolidated Complaint and Motion to Dismiss Briefing filed by Jan Buettgen (Attachments: # 1 Text of Proposed Order) (Lindley, Hamilton) (Entered: 11/17/2009)

11/18/2009 33 Application for Admission Pro Hac Vice of Attorney Debra J. Wyman (Filing fee $25; Receipt number 05390000000003003427) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Certificate of Good Standing) (Wyman, Debra) (Entered: 11/18/2009)

11/19/2009 34 MOTION to Alter Judgment Appointing Kentucky State District Council of Carpenters Pension Trust Fund as Lead Plaintiff filed by James Lyman with Brief/Memorandum in Support. (Mandel, Roger) (Entered: 11/19/2009)

11/20/2009 35 ORDER granting 32 Unopposed MOTION to Set the Schedule for Filing the consolidated Complaint and Motion to Dismiss Briefing. (see order for specifics) (Ordered by Judge Ed Kinkeade on 11/20/09) (tln) (Entered: 11/23/2009)

11/20/2009 37 ORDER granting 33 Application for Admission Pro Hac Vice. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 10 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 11/20/09) (svc) (Entered: 11/24/2009)

11/23/2009 36 Application for Admission Pro Hac Vice of Attorney Julie Anna Kearns (Filing fee $25; Receipt number 05390000000003011271) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Certificate of Good Standing) (Kearns, Julie) (Entered: 11/23/2009)

11/24/2009 38 ORDER granting 36 Application for Admission Pro Hac Vice for Julie Anna Kearns. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 10 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 11/24/09) (svc) (Entered: 11/25/2009)

12/09/2009 39 Memorandum of Law filed by Kentucky State District Council of Carpenters Pension Trust Fund re: 34 MOTION to Alter Judgment Appointing Kentucky State District Council of Carpenters Pension Trust Fund as Lead Plaintiff (Kendall, Joe) Modified on 12/10/2009 (mfw). (Entered: 12/09/2009)

12/22/2009 40 Reply Memorandum of Law in Support filed by James Lyman re 34 MOTION to Alter Judgment Appointing Kentucky State District Council of Carpenters Pension Trust Fund as Lead Plaintiff. (Mandel, Roger) Modified on 12/23/2009 (klm). (Entered: 12/22/2009)

01/07/2010 41 Application for Admission Pro Hac Vice of Attorney Craig W. Smith (Filing fee $25; Receipt number 05390000000003068300) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Smith, Craig) (Entered: 01/07/2010)

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01/07/2010 42 Application for Admission Pro Hac Vice of Attorney Kelly M. McIntyre (Filing fee $25; Receipt number 05390000000003068316) filed by Kentucky State District Council of Carpenters Pension Trust Fund (McIntyre, Kelly) (Entered: 01/07/2010)

01/08/2010 43 Unopposed MOTION to Amend the Schedule for Filing the Consolidated Complaint and Motion to Dismiss Briefing filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Text of Proposed Order) (Wyman, Debra) (Entered: 01/08/2010)

01/12/2010 44 NOTICE of Change of Address by Joe Kendall, counsel for Jan Buettgen. New address is: for Dyer & Berens LLP, 303 East 17th Avenue, Suite 300, Denver, CO 80203 (Kendall, Joe) (Entered: 01/12/2010)

01/12/2010 45 ELECTRONIC ORDER granting 41 Application for Admission Pro Hac Vice. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 1/12/2010) (rrj) (Entered: 01/12/2010)

01/12/2010 46 ELECTRONIC ORDER granting 42 Application for Admission Pro Hac Vice (Kelly M. McIntyre). Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 1/12/2010) (rrj) (Entered: 01/12/2010)

01/12/2010 48 ORDER denying 34 Motion to Alter or Amend the Court's November 9, 2009 Order Appointing Kentucky State District Council of Carpenters Pension Trust Fund as Lead Plaintiff. (see order) (Ordered by Judge Ed Kinkeade on 1/12/2010) (tln) (Entered: 01/13/2010)

01/12/2010 49 ORDER granting 43 Motion for Extension of Time to Amend the Schedule for Filing the Consolidated Complaint and Motion to Dismiss Briefing. Consolidated Complaint due by 2/11/2010. Motions due by 3/12/2010. Replies due by 5/3/2010. Responses ( opposition (2) to Defendants' motion(s) to dismiss) due by 4/12/2010. (see order) (Ordered by Judge Ed Kinkeade on 1/12/2010) (tln) (Entered: 01/13/2010)

01/13/2010 47 NOTICE of Firm Change of Address by Roger L Mandel, counsel for Jan Buettgen, Alan Goldberg. New address is: 303 East 17th Avenue, Suite 300, Denver, CO 80203. (Mandel, Roger) Modified on 1/13/2010 (axm). (Entered: 01/13/2010)

01/19/2010 50 Application for Admission Pro Hac Vice of Attorney Matthew F. Dexter (Filing fee $25; Receipt number 37623) filed by Katherine J Harless, Andrew Coticchio, Samuel D Jones, Frank P. Gatto, Scott W Klein (klm) (Entered: 01/21/2010)

01/19/2010 51 Application for Admission Pro Hac Vice of Attorney Eric F. Leon (Filing fee $25; Receipt number 37264) filed by Wade L Jones, Katherine J Harless, Andrew Coticchio, Frank P. Gatto, Scott W Klein. (klm) (Entered: 01/21/2010)

01/22/2010 52 ELECTRONIC ORDER granting 50 Application for Admission Pro Hac Vice (Matthew F. Dexter). Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 1/22/2010) (rrj) (Entered: 01/22/2010)

01/22/2010 53 ELECTRONIC ORDER granting 51 Application for Admission Pro Hac Vice (Eric F. Leon). Clerk shall deposit application fee to the Non-Appropriated Fund of this Court.

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If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 1/22/2010) (rrj) (Entered: 01/22/2010)

02/02/2010

54 Received letter from USCA5 re petition for writ of mandamus. (axm) (Entered: 02/03/2010)

02/11/2010 55 AMENDED COMPLAINT WITH JURY DEMAND Consolidated Class Action Complaint for Violations of the Federal Securities Laws and Jury Demand against all defendants filed by Kentucky State District Council of Carpenters Pension Trust Fund. (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Tax Sharing Agreement) (Wyman, Debra) (Entered: 02/11/2010)

02/23/2010 56 USCA5 Order denying Petition for Writ of Mandamus. (See Order) (skt) (Entered: 02/24/2010)

02/24/2010 57 Unopposed MOTION to Extend Time For the Parties' Motion to Dismiss Briefing Schedule and Request for Leave to Exceed Page Limits filed by Katherine J Harless

I (Mungioli, Marcus) (Entered: 02/24/2010)

03/01/2010 58 ORDER setting deadlines as to Motion to Dismiss. Responses due by 5/27/2010; Replies due by 6/25/2010; Dispositive Motions due by 4/12/2010; granting 57 Unopposed MOTION to Extend Time For the Parties' Motion to Dismiss Briefing Schedule and Request for Leave to Exceed Page Limits filed by Katherine J Harless. (Ordered by Judge Ed Kinkeade on 3/1/2010) (klm) (Entered: 03/02/2010)

03/23/2010 59 NOTICE OF FIRM NAME CHANGE filed by Kentucky State District Council of Carpenters Pension Trust Fund (Wyman, Debra) (Entered: 03/23/2010)

04/12/2010 60 MOTION to Dismiss The Consolidated Amended Class Action Complaint filed by Katherine J Harless, Andrew Coticchio, Samuel D Jones, Frank P. Gatto, Scott W Klein with Brief/Memorandum in Support. (Kelly, Dee) (Entered: 04/12/2010)

04/12/2010 61 Appendix in Support filed by Katherine J Harless, Andrew Coticchio, Samuel D Jones, Frank P. Gatto, Scott W Klein re 60 MOTION to Dismiss The Consolidated Amended Class Action Complaint (Attachments: # 1 Appendix 1-323, # 2 Appendix 324-679) (Kelly, Dee) (Entered: 04/12/2010)

04/23/2010 62 MOTION to Stay Discovery in State Court Action Corwin et al v. Klein et al filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein with Brief/Memorandum in Support. (Kelly, Dee) (Entered: 04/23/2010)

04/23/2010 63 Appendix in Support filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re 62 MOTION to Stay Discovery in State Court Action Corwin et al v. Klein et al (Attachments: # 1 Exhibit(s)) (Kelly, Dee) (Entered: 04/23/2010)

05/12/2010

05/12/2010

64 RESPONSE filed by Jack B. Corwin re: 62 MOTION to Stay Discovery in State Court Action Corwin et al v. Klein et al (Swindle, Mack) (Entered: 05/12/2010)

65 Appendix in Support filed by Jack B. Corwin re 64 Response/Objection to Defendant's Motion to Stay Discovery in State Court Action (Swindle, Mack) (Entered: 05/12/2010)

05/26/2010 66 REPLY filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D

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Jones, Scott W Klein re: 62 MOTION to Stay Discovery in State Court Action Corwin et al v. Klein et al (Mungioli, Marcus) (Entered: 05/26/2010)

05/27/2010 67 MOTION to Strike or, in the Alternative, to Convert Defendants' Motion to Dismiss into a Motion for Summary Judgment filed by Kentucky State District Council of Carpenters Pension Trust Fund with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Law in Support of Motion to Strike, # 2 Declaration(s) in Support of Memorandum of Law in Support of Motion to Strike, # 3 Proposed Order Granting Motion to Srike) (Wyman, Debra) (Entered: 05/27/2010)

05/27/2010 68 RESPONSE AND OBJECTION filed by Kentucky State District Council of Carpenters Pension Trust Fund re: 60 MOTION to Dismiss The Consolidated Amended Class Action Complaint (Wyman, Debra) (Entered: 05/27/2010)

05/28/2010 69 MOTION for Leave to File Sur-Reply re 62 Motion to Stay Discovery in State Court I Action with Brief in Support filed by Jack B. Corwin with Brief/Memorandum in Support. (Harkins, Thomas) Modified on 6/1/2010 (axm). (Entered: 05/28/2010)

06/04/2010 70 Unopposed MOTION to Extend Time to File Briefing on Plaintiff's Motion to Strike filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Mungioli, Marcus) (Entered: 06/04/2010)

06/07/2010 71 ELECTRONIC ORDER granting 70 Motion to Extend Time. Defendant's Responses due by 6/25/2010. Plaintiff's Replies due by 7/16/2010. The shall be no further extensions of this deadline. (Ordered by Judge Ed Kinkeade on 6/7/2010) (chmb) (Entered: 06/07/2010)

06/08/2010 ***Clerk's Notice of delivery: (see NEF for details) Docket No:71. Tue Jun 8 08:05:08 CDT 2010 (crt) (Entered: 06/08/2010)

06/15/2010 72 Unopposed MOTION to Withdraw and Substitute Attorney Hamilton Lindley filed by Kentucky State District Council of Carpenters Pension Trust Fund. (Attachments: # 1 Proposed Order) (Kendall, Joe) Modified on 6/16/2010 (mfw). (Entered: 06/15/2010)

06/15/2010 73 ORDER granting 72 Motion to Withdraw and Substitute Attorney Hamilton Lindley. Attorney Hamilton Lindley terminated. (see order) (Ordered by Judge Ed Kinkeade on 6/15/2010) (axm) (Entered: 06/16/2010)

06/16/2010 ***Clerk's Notice of delivery: (see NEF for details) Docket No:73. Wed Jun 16 12:27:10 CDT 2010 (crt) (Entered: 06/16/2010)

06/24/2010 74 REPLY filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re: 60 MOTION to Dismiss The Consolidated Amended Class Action Complaint (Kelly, Dee) (Entered: 06/24/2010)

06/24/2010 75 Appendix in Support filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re 60 MOTION to Dismiss The Consolidated Amended Class Action Complaint (Supplemental) (Kelly, Dee) (Entered: 06/24/2010)

06/25/2010 76 RESPONSE filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re: 67 MOTION to Strike or, in the Alternative, to Convert Defendants' Motion to Dismiss into a Motion for Summary Judgment (Kelly, Dee) (Entered: 06/25/2010)

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06/25/2010 77 Memorandum Opinion and Order granting 62 Defendants' Motion to Stay Discovery; denying 69 Motion for Extension of Time to File Response/Reply. (see order) (Ordered by Judge Ed Kinkeade on 6/25/2010) (axm) (Entered: 06/28/2010)

06/28/2010 ***Clerk's Notice of delivery: (see NEF for details) Docket No:77. Mon Jun 28 10:37:30 CDT 2010 (crt) (Entered: 06/28/2010)

07/06/2010 78 MOTION for Reconsideration re 77 Memorandum Opinion and Order filed by Jack B. Corwin with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Cook, Grant) (Entered: 07/06/2010)

07/16/2010 79 REPLY filed by Kentucky State District Council of Carpenters Pension Trust Fund re: 67 MOTION to Strike or, in the Alternative, to Convert Defendants' Motion to Dismiss into a Motion for Summary Judgment (Kearns, Julie) (Entered: 07/16/2010)

07/23/2010 80 RESPONSE filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re: 78 MOTION for Reconsideration re 77 Memorandum Opinion and Order (Mungioli, Marcus) (Entered: 07/23/2010)

08/02/2010

08/11/2010

08/11/2010

08/12/2010

81 REPLY filed by Jack B. Corwin re: 78 MOTION for Reconsideration re 77 Memorandum Opinion and Order (Cook, Grant) (Entered: 08/02/2010)

82 ORDER denying 60 Motion to Dismiss and denying 67 Motion to Strike. (Ordered by Judge Ed Kinkeade on 8/11/2010) (mcr) (Entered: 08/12/2010)

83 ORDER denying 78 Motion for Partial Reconsideration and Amendment. (Ordered by Judge Ed Kinkeade on 8/11/2010) (mcr) (Entered: 08/12/2010)

84 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. The Joint Report shall be filed no later than 10 days from the date of the scheduling conference. (see order) (Ordered by Judge Ed Kinkeade on 8/12/2010) (mcr) (Entered: 08/12/2010)

09/02/2010 85 Defendants' ANSWER to 55 Amended Complaint, filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Kelly, Dee) (Entered: 09/02/2010)

09/10/2010 86 Proposal for contents of scheduling and discovery order Joint Report of Parties' Scheduling Conference by Kentucky State District Council of Carpenters Pension Trust Fund. (Wyman, Debra) (Entered: 09/10/2010)

09/21/2010 87 CLASS CERTIFICATION SCHEDULING ORDER: Until such time as the Court rules on plaintiffs motion for class discovery this case will be administratively closed. (see order) (Ordered by Judge Ed Kinkeade on 9/21/2010) (axm) (Entered: 09/22/2010)

10/18/2010 88 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Kristin Sheffield-Whitehead (Filing fee $25; Receipt number 0539-3526079) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Mungioli, Marcus) (Entered: 10/18/2010)

10/19/2010 89 ELECTRONIC ORDER granting 88 Application for Admission Pro Hac Vice of Kristin Sheffield-Whitehead. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an

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ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 10/19/2010) (chmb) (Entered: 10/19/2010)

10/20/2010 90 STIPULATION and [Proposed] Protective Order by Kentucky State District Council of Carpenters Pension Trust Fund. (Wyman, Debra) (Entered: 10/20/2010)

10/25/2010 91 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Lionel Z. Glancy (Filing fee $25; Receipt number 0539-3539814) filed by John Heffner (Attachments: # 1 Exhibit(s) Lionel Z. Glancy Certificate of Good Standing, # 2 Proposed Order for Admission Pro Hac Vice) (Glancy, Lionel) (Entered: 10/25/2010)

10/26/2010 92 ELECTRONIC ORDER granting 91 Application for Admission Pro Hac Vice of Lionel Z. Glancy. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 10/26/2010) (chmb) (Entered: 10/26/2010)

10/26/2010 93 STIPULATION AND PROTECTIVE ORDER (see order.) (Ordered by Judge Ed Kinkeade on 10/26/2010) (twd) (Entered: 10/26/2010)

11/01/2010 94 MOTION to Certify Class filed by Kentucky State District Council of Carpenters Pension Trust Fund, Kenneth F Werring with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Law in Support of Plaintiff's Motion for Class Certification, # 2 Exhibit(s) App.1-286, # 3 Proposed Order). Party Kenneth F. Werring added. (Wyman, Debra) (Entered: 11/01/2010)

11/02/2010 95 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Robert V. Prongay (Filing fee $25; Receipt number 0539-3552388) filed by John Heffner (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Glancy, Lionel) (Entered: 11/02/2010)

11/02/2010 96 ELECTRONIC ORDER granting 95 Application for Admission Pro Hac Vice of Robert V. Prongay. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 11/2/2010) (chmb) (Entered: 11/02/2010)

12/15/2010 97 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Kevin F. Ruf (Filing fee $25; Receipt number 0539-3625272) filed by John Heffner (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Glancy, Lionel) (Entered: 12/15/2010)

12/16/2010 98 ELECTRONIC ORDER granting 97 Application for Admission Pro Hac Vice of Kevin F. Ruf. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 12/16/2010) (chmb) (Entered: 12/16/2010)

01/04/2011 99 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Lauren Dana Westberg (Filing fee $25; Receipt number 0539-3654904) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Certificate of Good Standing) (Westberg, Lauren) (Entered: 01/04/2011)

01/05/2011 100 ELECTRONIC ORDER granting 99 Application for Admission Pro Hac Vice of

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Lauren Dana Westberg. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 1/5/2011) (chmb) (Entered: 01/12/2011)

01/14/2011 101 RESPONSE filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re: 94 MOTION to Certify Class (Mungioli, Marcus) (Entered: 01/14/2011)

01/14/2011 102 Appendix in Support filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re 101 Response/Objection to Plaintiffs' Motion for Class Certification (Attachments: # 1 Additional Page(s) 3-67, # 2 Additional Page(s) 68-100, # 3 Additional Page(s) 101-107, # 4 Additional Page(s) 108-113, # 5 Additional Page(s) 114-201, # 6 Additional Page(s) 202-212, # 7 Additional Page(s) 213-227, # 8 Additional Page(s) 228-255, # 9 Additional Page(s) 256-353, # 10 Additional Page(s) 354-380, # 11 Additional Page(s) 381-429, # 12 Additional Page(s) 430-505, # 13 Additional Page(s) 506-529, # 14 Additional Page(s) 530-564, # 15 Additional Page(s) 565-631, # 16 Additional Page(s) 632-686, # 17 Additional Page(s) 687-688, # 18 Additional Page(s) 689-693, # 19 Additional Page(s) 694-781, # 20 Additional Page(s) 782-791, # 21 Additional Page(s) 792-800) (Mungioli, Marcus) (Entered: 01/14/2011)

02/25/2011 103 REPLY filed by Kentucky State District Council of Carpenters Pension Trust Fund, Kenneth F Werring re: 94 MOTION to Certify Class (Wyman, Debra) (Entered: 02/25/2011)

02/25/2011 104 Appendix in Support filed by Kentucky State District Council of Carpenters Pension Trust Fund, Kenneth F Werring re 103 Reply Memorandum of Law in Further Support of Their Motion for Class Certification (Attachments: # 1 Additional Page(s) App. 5 - App. 115, # 2 Additional Page(s) App. 116 - App. 185, # 3 Additional Page(s) App. 186 - App. 211, # 4 Additional Page(s) App. 212 - App. 230, # 5 Additional Page(s) App. 231 - App. 295) (Wyman, Debra) (Entered: 02/25/2011)

03/10/2011 105 MOTION to Strike 103 Reply or In the Alternative MOTION For Leave to File A Surreply in Opposition to Plaintiffs' Motion for Class Certification filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Surreply in Opposition to Plaintiffs' Motion for Class Certification) (Kelly, Dee). Added MOTION for Leave to File Surreply on 4/1/2011 (anf). (Entered: 03/10/2011)

03/14/2011 106 Copy of Letter to Kathryn Scoville/Julie Kearns re Proof of Service. (dnc) (Entered: 03/15/2011)

03/28/2011 107 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney James E. Barz (Filing fee $25; Receipt number 0539-3796788) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Certificate of Admission, # 2 Proposed Order) (Barz, James) (Entered: 03/28/2011)

03/31/2011 108 RESPONSE AND OBJECTION filed by Kentucky State District Council of Carpenters Pension Trust Fund, Kenneth F Werring re: 105 MOTION to Strike 103 Reply or In the Alternative For Leave to File A Surreply in Opposition to Plaintiffs' Motion for Class Certification (Wyman, Debra) (Entered: 03/31/2011)

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04/05/2011 109 ELECTRONIC ORDER granting 107 Application for Admission Pro Hac Vice of James E. Barz. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 4/5/2011) (chmb) (Entered: 04/05/2011)

04/14/2011 110 REPLY filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re: 105 MOTION to Strike 103 Reply or In the Alternative For Leave to File A Surreply in Opposition to Plaintiffs' Motion for Class Certification . (Mungioli, Marcus) (Entered: 04/14/2011)

05/04/2011 111 MOTION to Compel the Production of Documents by Defendants and Third Party SuperMedia filed by Kentucky State District Council of Carpenters Pension Trust Fund, Jack B. Corwin with Brief/Memorandum in Support. (Attachments: # 1 Memorandum of Law in Support of Motion to Compel, # 2 Proposed Order) (Wyman, Debra) (Entered: 05/04/2011)

05/04/2011 112 Appendix in Support filed by Kentucky State District Council of Carpenters Pension Trust Fund,Jack B. Corwin re 111 MOTION to Compel the Production of Documents by Defendants and Third Party SuperMedia (Attachments: # 1 Additional Page(s) 115-184) (Wyman, Debra) (Entered: 05/04/2011)

05/19/2011 113 Memorandum Opinion and Order: 94 Motion for Class Certification is GRANTED; 105 Motion to Strike or, in the Alternative, for Leave to File a Surreply is DENIED as moot. (Ordered by Judge Ed Kinkeade on 5/19/2011) (mcr) (Entered: 05/20/2011)

05/25/2011 114 RESPONSE filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re: 111 MOTION to Compel the Production of Documents by Defendants and Third Party SuperMedia (Mungioli, Marcus) (Entered: 05/25/2011)

05/25/2011 115 Appendix in Support filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re 114 Response/Objection to Plaintiffs' Motion to Compel the Production of Documents by Defendants and Third Party SuperMedia (Mungioli, Marcus) (Entered: 05/25/2011)

05/26/2011 116 MOTION to Compel filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein with Brief/Memorandum in Support. (Attachments: # 1 Memorandum In Support of Defendants' Motion to Compel) (Mungioli, Marcus) (Entered: 05/26/2011)

05/26/2011 117 Appendix in Support filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re 116 MOTION to Compel (Mungioli, Marcus) (Entered: 05/26/2011)

05/27/2011 118 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Julia M. Williams (Filing fee $25; Receipt number 0539-3909725) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Proposed Order for Admission Pro Hac Vice, # 2 Exhibit(s) Certificate of Good Standing) (Williams, Julia) (Entered: 05/27/2011)

05/31/2011 119 ELECTRONIC ORDER granting 118 Application for Admission Pro Hac Vice of Julia M. Williams. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14

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days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 5/31/2011) (chmb) (Entered: 05/31/2011)

06/08/2011 120 REPLY filed by Kentucky State District Council of Carpenters Pension Trust Fund, Kenneth F Werring re: 111 MOTION to Compel the Production of Documents by Defendants and Third Party SuperMedia (Wyman, Debra) (Entered: 06/08/2011)

06/08/2011 121 Appendix in Support filed by Kentucky State District Council of Carpenters Pension Trust Fund, Kenneth F Werring re 120 Reply to Motion to Compel the Production of Documents by Defendants and Third Party SuperMedia (Wyman, Debra) (Entered: 06/08/2011)

06/09/2011 123 ORDER OF REFERENCE: 116 Motion to Compel Discovery, 111 Notice of Motion to Compel the Production of Documents are referred to Magistrate Judge Irma C Ramirez. (Ordered by Judge Ed Kinkeade on 6/9/2011) (twd) (Entered: 06/10/2011)

06/10/2011 122 NOTICE of Change of Address for Attorney Thomas J McKenna on behalf of Jan Buettgen. (McKenna, Thomas) (Entered: 06/10/2011)

06/13/2011 124 ORDER setting deadline as to 111 Motion to Compel the Production of Documents by Defendants and Third Party SuperMedia. Motion Hearing set for 6/22/2011 10:00 AM before Magistrate Judge Irma C Ramirez. (Ordered by Magistrate Judge Irma C Ramirez on 6/13/2011) (axm) (Entered: 06/13/2011)

06/13/2011 125 ORDER setting deadlines as to 116 Motion to Compel. Responses due by 6/16/2011. Replies due by 6/23/2011. Motion Hearing set for 6/30/2011 10:30 AM before Magistrate Judge Irma C Ramirez. (Ordered by Magistrate Judge Irma C Ramirez on 6/13/2011) (axm) (Entered: 06/13/2011)

06/15/2011 126 Agreed MOTION to Reschedule Motion to Compel Hearing Set for June 22, 2011 filed by Aldan Ag Inc., John Bennett, Jan Buettgen, Jack B. Corwin, Andrew Coticchio, Frank P. Gatto, Alan Goldberg, Katherine J Harless, John Heffner, Samuel D Jones, Wade L Jones, Kentucky State District Council of Carpenters Pension Trust Fund, Scott W Klein, James Lyman, Kenneth F Werring, the Buettgen Group (Attachments: # 1 Proposed Order) (Mungioli, Marcus) Modified on 6/16/2011 (skt). (Entered: 06/15/2011)

06/15/2011 127 ORDER granting 126 Joint MOTION to Extend Time and Reschedule June 22nd Discovery Hearing. Motion Hearing reset for 6/30/2011 10:30 AM before Magistrate Judge Irma C. Ramirez. (Ordered by Magistrate Judge Irma C Ramirez on 6/15/2011) (Magistrate Judge Irma C Ramirez) (Entered: 06/15/2011)

06/16/2011 128 Notice of Correction of Signature Omission, correcting signature omission in 126 Motion To Extend Time, filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein. (Mungioli, Marcus) (Entered: 06/16/2011)

06/16/2011 129 Notice of Correction of Signature Omission, correcting signature omission in 126 Motion To Extend Time, filed by Kentucky State District Council of Carpenters Pension Trust Fund, Kenneth F Werring. (Wyman, Debra) (Entered: 06/16/2011)

06/16/2011 130 RESPONSE AND OBJECTION filed by Kentucky State District Council of Carpenters Pension Trust Fund, Kenneth F Werring re: 116 MOTION to Compel (Wyman, Debra) (Entered: 06/16/2011)

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06/16/2011 131 Appendix in Support filed by Kentucky State District Council of Carpenters Pension Trust Fund, Kenneth F Werring re 130 Response/Objection to Defendants' Motion to Compel Discovery (Wyman, Debra) (Entered: 06/16/2011)

06/23/2011 132 REPLY filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re: 116 MOTION to Compel (Mungioli, Marcus) (Entered: 06/23/2011)

06/30/2011 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Irma C Ramirez: Motion Hearing held on 6/30/2011 re 116 Motion to Compel filed by Andrew Coticchio, Samuel D Jones, Frank P. Gatto, Scott W Klein, Katherine J Harless, 111 Motion to Compel, filed by Jack B. Corwin, Kentucky State District Council of Carpenters Pension Trust Fund. Attorney Appearances: Plaintiff - Debra Wyman, Julie Kearns, Grant Cook, Jamie McKey; Defense - Matt Dexter, Kristin Sheffield, Marcus Mungioli, Joe Garza. (Court Reporter: Digital File) Time in Court - 1:05. (lmm) (Entered: 06/30/2011)

06/30/2011 133 ORDER granting in part and denying in part 111 Motion to Compel; granting in part and denying in part 116 Motion to Compel (Ordered by Magistrate Judge Irma C Ramirez on 6/30/2011) (lmm) (Entered: 06/30/2011)

09/15/2011

134 Order of USCA as to petition for leave to appeal is denied. (svc) (Entered: 07/13/2011)

135 NOTICE OF FILING OF OFFICIAL ELECTRONIC TRANSCRIPT of Motion to Compel Proceedings held on June 30, 2011 before Judge Irma Ramirez. Court Reporter/Transcriber Betty Tate, Telephone number 972-596-9442. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (47 pages). Redaction Request due 8/11/2011. Redacted Transcript Deadline set for 8/22/2011. Release of Transcript Restriction set for 10/19/2011. (Tate, Betty) (Entered: 07/21/2011)

136 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report, which shall be filed no later than 10 days from the date of the scheduling conference. Case reopened. (Ordered by Judge Ed Kinkeade on 9/15/2011) (ndt) (Entered: 09/16/2011)

07/11/2011

07/21/2011

10/07/2011 137 Joint STATUS REPORT Joint Report Regarding Contents of Scheduling Order filed by Kentucky State District Council of Carpenters Pension Trust Fund. (Wyman, Debra) (Entered: 10/07/2011)

10/21/2011

11/03/2011

138 SCHEDULING ORDER: Deadline for mediation is on or before 12/23/2011. Jury Trial set for three-week docket beginning 3/4/2013 before Judge Ed Kinkeade. Motions due by 9/24/2012. Discovery due by 8/10/2012. Pretrial Materials due by 2/11/2013. Pretrial Order due by 2/11/2013. (Ordered by Judge Ed Kinkeade on 10/21/2011) (axm) (Entered: 10/24/2011)

139 Designation of Mediator by Kentucky State District Council of Carpenters Pension Trust Fund. (Wyman, Debra) (Entered: 11/03/2011)

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12/06/2011 140 MOTION to Compel Nonparty Witness Patricia Ruiz To Attend A Deposition and Produce Documents filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Attachments: # 1 Proposed Order) (Sheffield-Whitehead, Kristin) (Entered: 12/06/2011)

12/06/2011 141 Brief/Memorandum in Support filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re 140 MOTION to Compel Nonparty Witness Patricia Ruiz To Attend A Deposition and Produce Documents (Sheffield-Whitehead, Kristin) (Entered: 12/06/2011)

12/06/2011 142 Appendix in Support filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re 140 MOTION to Compel Nonparty Witness Patricia Ruiz To Attend A Deposition and Produce Documents (Sheffield-Whitehead, Kristin) (Entered: 12/06/2011)

12/12/2011 143 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Jonah H. Goldstein (Filing fee $25; Receipt number 0539-4285640) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Proposed Order) (Goldstein, Jonah) (Entered: 12/12/2011)

12/14/2011 144 ELECTRONIC ORDER granting 143 Application for Admission Pro Hac Vice of Jonah H. Goldstein. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 12/14/2011) (chmb) (Entered: 12/14/2011)

12/30/2011 145 Joint Mediation Report filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Kentucky State District Council of Carpenters Pension Trust Fund, Scott W Klein. (Wyman, Debra) Modified on 1/3/2012 (axm). (Entered: 12/30/2011)

01/03/2012 146 REPLY filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein re: 140 MOTION to Compel Nonparty Witness Patricia Ruiz To Attend A Deposition and Produce Documents (Sheffield-Whitehead, Kristin) (Entered: 01/03/2012)

01/06/2012 147 NOTICE of Withdrawal re: 140 MOTION to Compel Nonparty Witness Patricia Ruiz To Attend A Deposition and Produce Documents filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Sheffield-Whitehead, Kristin) (Entered: 01/06/2012)

01/06/2012 148 ELECTRONIC ORDER denying as moot 140 Motion to Compel. Motion withdrawn on 1/16/2012. (Ordered by Judge Ed Kinkeade on 1/6/2012) (chmb) (Entered: 01/06/2012)

01/11/2012 149 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Andrew G. Horne (Filing fee $25; Receipt number 0539-4334597) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Mungioli, Marcus) (Entered: 01/11/2012)

01/17/2012 150 ELECTRONIC ORDER granting 149 Application for Admission Pro Hac Vice of Andrew G. Horne. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 1/17/2012) (chmb) (Entered:

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01/17/2012)

01/23/2012 151 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Kara M. Wolke (Filing fee $25; Receipt number 0539-4355060) filed by John Heffner (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Glancy, Lionel) (Entered: 01/23/2012)

01/24/2012 152 ELECTRONIC ORDER granting 151 Application for Admission Pro Hac Vice of Kara M. Wolke. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 1/24/2012) (chmb) (Entered: 01/24/2012)

08/22/2012 153 NOTICE of Attorney Appearance by Seth Michael Roberts for Harriet E. Miers and Seth M. Roberts on behalf of Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein. (Roberts, Seth) (Entered: 08/22/2012)

09/19/2012 154 Joint MOTION for Leave to File Under Seal filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein with Brief/Memorandum in Support. (Roberts, Seth) (Entered: 09/19/2012)

09/20/2012 155 ELECTRONIC ORDER granting 154 Motion for Leave to File Under Seal. The parties may file the Memorandum of Law in Support of Defendants Motion for Summary Judgment and appendix thereto; Plaintiffs Memorandum of Law in Opposition to Defendants Motion for Summary Judgment and appendix thereto; and Defendants Reply Brief in Support of Their Motion for Summary Judgment and appendix thereto under seal. (Ordered by Judge Ed Kinkeade on 9/20/2012) (chmb) (Entered: 09/20/2012)

09/20/2012 ***Clerk's Notice of delivery: (see NEF for details) Docket No:155. Thu Sep 20 11:36:56 CDT 2012 (crt) (Entered: 09/20/2012)

09/20/2012 156 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Jay P. Lefkowitz (Filing fee $25; Receipt number 0539-4837710) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Roberts, Seth) (Entered: 09/20/2012)

09/21/2012 157 Supplemental Document by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein as to 156 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Jay P. Lefkowitz (Filing fee $25; Receipt number 0539-4837710) . (Roberts, Seth) (Entered: 09/21/2012)

09/24/2012 158 ELECTRONIC ORDER granting 156 Application for Admission Pro Hac Vice of Jay P. Lefkowitz. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 9/24/2012) (chmb) (Entered: 09/24/2012)

09/24/2012 159 MOTION for Summary Judgment filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Attachments: # 1 Proposed Order Proposed Judgment) (Roberts, Seth) (Entered: 09/24/2012)

09/24/2012 160 (Document Restricted) Sealed Brief/Memorandum in Support re: 159 Motion for Summary Judgment (Sealed pursuant to order dated 9/20/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Roberts, Seth) (Entered: 09/24/2012)

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09/24/2012 161 (Document Restricted) Sealed Appendix in Support re: 159 Motion for Summary Judgment (Sealed pursuant to order dated 9/20/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Attachments: # 1 Additional Page(s) Appendix 007 - 044, # 2 Additional Page(s) Appendix 045 - 056, # 3 Additional Page(s) Appendix 057 - 170, # 4 Additional Page(s) Appendix 171 - 258, # 5 Additional Page(s) Appendix 259 - 379, # 6 Additional Page(s) Appendix 380 - 390, # 7 Additional Page(s) Appendix 391 - 463, # 8 Additional Page(s) Appendix 464 - 493, # 9 Additional Page(s) Appendix 494 - 521, # 10 Additional Page(s) Appendix 522 - 609, # 11 Additional Page(s) Appendix 610 - 656, # 12 Additional Page(s) Appendix 657 - 693, # 13 Additional Page(s) Appendix 694 - 732, # 14 Additional Page(s) Appendix 733 - 758, # 15 Additional Page(s) Appendix 759 - 790, # 16 Additional Page(s) Appendix 791 - 824, # 17 Additional Page(s) Appendix 825 - 863, # 18 Additional Page(s) Appendix 864 - 905, # 19 Additional Page(s) Appendix 906 - 950, # 20 Additional Page(s) Appendix 951 - 986, # 21 Additional Page(s) Appendix 987 - 1018, # 22 Additional Page(s) Appendix 1019 - 1037, # 23 Additional Page(s) Appendix 1038 - 1086, # 24 Additional Page(s) Appendix 1087 - 1105, # 25 Additional Page(s) Appendix 1106 - 1182, # 26 Additional Page(s) Appendix 1183 - 1224, # 27 Additional Page(s) Appendix 1225 - 1264, # 28 Additional Page(s) Appendix 1265 - 1303, # 29 Additional Page(s) Appendix 1304 - 1354, # 30 Additional Page(s) Appendix 1355 - 1370) (Roberts, Seth) (Entered: 09/24/2012)

09/25/2012 ***Clerk's Notice of delivery: (see NEF for details) Docket No:158. Tue Sep 25 08:48:11 CDT 2012 (crt) (Entered: 09/25/2012)

10/15/2012 162 (Document Restricted) Sealed Response and Objection re: 159 Motion for Summary Judgment (Sealed pursuant to order dated 9/20/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Wyman, Debra) (Entered: 10/15/2012)

10/15/2012 163 (Document Restricted) Sealed Plaintiffs Statements of Disputed Facts in Opposition to Annex A (Sealed pursuant to order dated 9/20/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Wyman, Debra) (Entered: 10/15/2012)

10/15/2012 164 (Document Restricted) Sealed Appendix in Support re: 162 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 9/20/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Exhibit(s) APP 0001-1025, # 2 Exhibit(s) APP 1026-1355, # 3 Exhibit(s) APP 1356-1549, # 4 Exhibit(s) APP 1550-1734, # 5 Exhibit(s) APP 1735-1888, # 6 Exhibit(s) APP 1889- 2013, # 7 Exhibit(s) APP 2014-2117, # 8 Exhibit(s) APP 2118-2213, # 9 Exhibit(s) APP 2214-2674, # 10 Exhibit(s) APP 2675-3048, # 11 Exhibit(s) APP 3049-3144, # 12 Exhibit(s) APP 3145-3402) (Wyman, Debra) (Entered: 10/15/2012)

10/25/2012 165 STIPULATION for Extension of Time to File Reply Brief by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein. (Roberts, Seth) (Entered: 10/25/2012)

10/26/2012 166 Joint MOTION for Leave to File Under Seal filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Kentucky State District Council of Carpenters Pension Trust Fund, Scott W Klein with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Wyman, Debra) (Entered: 10/26/2012)

10/29/2012 167 ELECTRONIC ORDER granting 166 Motion for Leave to File Daubert Briefing Under Seal. (Ordered by Judge Ed Kinkeade on 10/29/2012) (chmb) (Entered:

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10/29/2012)

10/30/2012 168 (Document Restricted) Sealed Reply re: 159 Motion for Summary Judgment (Sealed pursuant to order dated 9/20/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Roberts, Seth) (Entered: 10/30/2012)

10/30/2012 169 (Document Restricted) Sealed Appendix in Support re: 168 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 9/20/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Attachments: # 1 Additional Page(s) Appendix 1374 - 1411, # 2 Additional Page(s) Appendix 1412 - 1441, # 3 Additional Page(s) Appendix 1442 - 1459) (Roberts, Seth) (Entered: 10/30/2012)

10/31/2012 170 MOTION to Exclude the Opinions and Testimony of Defendants' Expert Christopher M. James filed by Kentucky State District Council of Carpenters Pension Trust Fund (Wyman, Debra) (Entered: 10/31/2012)

10/31/2012 171 (Document Restricted) Sealed Brief/Memorandum in Support re: 170 Motion for Miscellaneous Relief (Sealed pursuant to order dated 10/29/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Proposed Order) (Wyman, Debra) (Entered: 10/31/2012)

10/31/2012 172 MOTION to Strike Exclude the Testimony of Plaintiffs' Expert Witness Dr. Steven P. Feinstein filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Roberts, Seth) (Entered: 10/31/2012)

10/31/2012 173 (Document Restricted) Sealed Brief/Memorandum in Support re: 172 Motion to Strike (Sealed pursuant to order dated 10/29/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Roberts, Seth) (Entered: 10/31/2012)

10/31/2012 174 (Document Restricted) Sealed Appendix in Support re: 172 Motion to Strike (Sealed pursuant to order dated 10/29/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Attachments: # 1 Appendix 4 - 41, # 2 Appendix 42 - 80, # 3 Appendix 81 - 118, # 4 Appendix 119 -156, # 5 Appendix 157 - 194, # 6 Appendix 195 - 232, # 7 Appendix 233 - 271, # 8 Appendix 272 - 309, # 9 Appendix 310 - 347, # 10 Appendix 348 - 368) (Roberts, Seth) (Entered: 10/31/2012)

10/31/2012 175 (Document Restricted) Sealed Appendix in Support re: 170 Motion for Miscellaneous Relief (Sealed pursuant to order dated 10/29/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Exhibit(s) APP. 1-53, # 2 Exhibit(s) APP. 54-106, # 3 Exhibit(s) APP. 107-159, # 4 Exhibit(s) APP. 160-172, # 5 Exhibit(s) APP. 173-242, # 6 Exhibit(s) APP. 243-270, # 7 Exhibit(s) APP. 271-335, # 8 Exhibit(s) APP. 336-386, # 9 Exhibit(s) APP. 387-391, # 10 Exhibit(s) APP. 392- 407, # 11 Exhibit(s) APP. 408-422, # 12 Exhibit(s) APP. 423-503, # 13 Exhibit(s) APP. 504-561, # 14 Exhibit(s) APP. 562-656) (Wyman, Debra) (Entered: 10/31/2012)

10/31/2012 176 MOTION to Exclude the Opinions and Testimony of Defendants' Expert Daniel L. Jackson filed by Kentucky State District Council of Carpenters Pension Trust Fund (Barz, James) (Entered: 10/31/2012)

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10/31/2012 177 (Document Restricted) Sealed Brief/Memorandum in Support re: 176 Motion for Miscellaneous Relief (Sealed pursuant to order dated 10/29/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Proposed Order) (Barz, James) (Entered: 10/31/2012)

10/31/2012 178 (Document Restricted) Sealed Appendix in Support re: 176 Motion for Miscellaneous Relief (Sealed pursuant to order dated 10/29/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Exhibit(s) APP. 1-74, # 2 Exhibit(s) APP. 75-147, # 3 Exhibit(s) APP. 148-157, # 4 Exhibit(s) APP. 158-228, # 5 Exhibit(s) APP. 229-264, # 6 Exhibit(s) APP. 265-288, # 7 Exhibit(s) APP. 289-334, # 8 Exhibit(s) APP. 335-374, # 9 Exhibit(s) APP. 375-382, # 10 Exhibit(s) APP. 383- 385, # 11 Exhibit(s) APP. 386-390, # 12 Exhibit(s) APP. 391, # 13 Exhibit(s) APP. 392-415, # 14 Exhibit(s) APP. 416-422, # 15 Exhibit(s) APP. 423-426, # 16 Exhibit(s) APP. 427-428, # 17 Exhibit(s) APP. 429-432, # 18 Exhibit(s) APP. 433-437, # 19 Exhibit(s) APP. 438-440) (Barz, James) (Entered: 10/31/2012)

11/01/2012 179 Supplemental Document by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein as to 159 MOTION for Summary Judgment Joint Request for Oral Argument . (Roberts, Seth) (Entered: 11/01/2012)

11/13/2012 180 ELECTRONIC ORDER: Motion Hearing set for 1/8/2013 at 09:00 AM before Judge Ed Kinkeade. re: 159 MOTION for Summary Judgment . The Plaintiffs collectively have 20 minutes for argument, and the Defendants collectively have 20 minutes for argument. (Ordered by Judge Ed Kinkeade on 11/13/2012) (chmb) (Entered: 11/13/2012)

11/21/2012 181 (Document Restricted) Sealed Response and Objection re: 172 Motion to Strike (Sealed pursuant to order dated 10/29/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Wyman, Debra) (Entered: 11/21/2012)

11/21/2012 182 (Document Restricted) Sealed Appendix in Support re: 181 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 10/29/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Exhibit(s) App. 1-55, Feinstein depo, # 2 Exhibit(s) App. 56-141, Mintzer 5-1-12 Report, # 3 Exhibit(s) App. 142-201, Mintzer 8-6-12 Report) (Wyman, Debra) (Entered: 11/21/2012)

11/21/2012 183 (Document Restricted) Sealed Response re: 176 Motion for Miscellaneous Relief (Sealed pursuant to order dated 10/29/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Roberts, Seth) (Entered: 11/21/2012)

11/21/2012 184 (Document Restricted) Sealed Appendix in Support re: 183 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 10/29/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Attachments: # 1 Additional Page(s) Appendix part 2, # 2 Additional Page(s) Appendix part 3, # 3 Additional Page(s) Appendix part 4, # 4 Additional Page(s) Appendix part 5, # 5 Additional Page(s) Appendix part 6, # 6 Additional Page(s) Appendix part 7, # 7 Additional Page(s) Appendix part 8, # 8 Additional Page(s) Appendix part 9, # 9 Additional Page(s) Appendix part 10, # 10 Additional Page(s) Appendix part 11, # 11 Additional Page(s) Appendix part 12, # 12 Additional Page(s) Appendix part 13, # 13 Additional Page(s) Appendix part 14, # 14 Additional Page(s)

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Appendix part 15, # 15 Additional Page(s) Appendix part 16, # 16 Additional Page(s) Appendix part 17, # 17 Additional Page(s) Appendix part 18, # 18 Additional Page(s) Appendix part 19, # 19 Additional Page(s) Appendix part 20) (Roberts, Seth) (Entered: 11/21/2012)

11/21/2012 185 (Document Restricted) Sealed Response re: 170 Motion for Miscellaneous Relief (Sealed pursuant to order dated 10/29/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Roberts, Seth) (Entered: 11/21/2012)

11/21/2012 186 (Document Restricted) Sealed Appendix in Support re: 185 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 10/29/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Attachments: # 1 Additional Page(s) Appendix part 2, # 2 Additional Page(s) Appendix part 3, # 3 Additional Page(s) Appendix part 4, # 4 Additional Page(s) Appendix part 5, # 5 Additional Page(s) Appendix part 6) (Roberts, Seth) (Entered: 11/21/2012)

12/05/2012 187 (Document Restricted) Sealed Reply re: 172 Motion to Strike (Sealed pursuant to order dated 10/29/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Sheffield-Whitehead, Kristin) (Entered: 12/05/2012)

12/05/2012 188 (Document Restricted) Sealed Reply re: 170 Motion for Miscellaneous Relief (Sealed pursuant to order dated 10/29/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Wyman, Debra) (Entered: 12/05/2012)

12/05/2012 189 (Document Restricted) Sealed Appendix in Support re: 188 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 10/29/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Attachments: # 1 Exhibit(s) App. 1-134) (Wyman, Debra) (Entered: 12/05/2012)

12/05/2012 190 (Document Restricted) Sealed Reply re: 176 Motion for Miscellaneous Relief (Sealed pursuant to order dated 10/29/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Barz, James) (Entered: 12/05/2012)

12/18/2012 191 Joint MOTION to Continue Hearing and Trial Dates filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Roberts, Seth) (Entered: 12/18/2012)

12/18/2012 192 ORDER as to 159 MOTION for Summary Judgment: By 1/03/2013, Plaintiffs and Defendants shall each file a summary of their key arguments and evidence (with citations to the summary judgment record) either in opposition to or in support of summary judgment. (Ordered by Judge Ed Kinkeade on 12/18/2012) (twd) (Entered: 12/18/2012)

12/18/2012 193 ORDER granting 191 Joint Motion for Continuance of Certain Matters: The hearing on Defendants' 159 Motion for Summary Judgment is reset for 2/11/2013 at 10:00 AM before Judge Ed Kinkeade. Trial of this case is re-set to the court's three-week docket beginning 5/6/2013. Pretrial Materials due by 4/22/2013. Pretrial Order due by 4/22/2013. (Ordered by Judge Ed Kinkeade on 12/18/2012) (twd) (Entered: 12/18/2012)

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12/19/2012

194

ELECTRONIC ORDER: Before the court is Defendant's Motion for Summary Judgment, which the court has reset for hearing on Monday, February 11, 2013. By January 28, 2013, Plaintiffs and Defendants shall each file a summary of their key arguments and evidence (with citations to the summary judgment record) either in opposition to or in support of summary judgment. This filing is limited to a maximum five (5) page pleading, and shall not include exhibits or any other attachments. (Ordered by Judge Ed Kinkeade on 12/19/2012) (chmb) (Entered: 12/19/2012)

12/21/2012 195 NOTICE of Firm Name Change - Robbins Umeda LLP will change its name to Robbins Arroyo LLP filed by Jan Buettgen (Kendall, Joe) (Entered: 12/21/2012)

01/10/2013 196 Joint MOTION to Continue Trial to June Docket filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Roberts, Seth) (Entered: 01/10/2013)

01/28/2013 197 (Document Restricted) Plaintiffs' Summary of Arguments in Opposition to Defendants' Motion for Summary Judgment [Filed Under Seal] (Sealed pursuant to order dated 9/20/2012) filed by Kentucky State District Council of Carpenters Pension Trust Fund (Wyman, Debra) (Entered: 01/28/2013)

01/28/2013 198 (Document Restricted) Defendants' Sumary of Arguments in Support of Summary Judgment (Sealed pursuant to order dated 9/20/2012) filed by Andrew Coticchio, Frank P. Gatto, Katherine J Harless, Samuel D Jones, Scott W Klein (Roberts, Seth) (Entered: 01/28/2013)

02/08/2013 199 ELECTRONIC ORDER: Motion Hearing is reset for 2/11/2013 at 01:30 PM before Judge Ed Kinkeade. re: 159 MOTION for Summary Judgment . The Plaintiffs collectively have 20 minutes for argument, and the Defendants collectively have 20 minutes for argument. After the hearing, the parties are DIRECTED to appear before U.S. Magistrate Judge Paul Stickney for a settlement conference. (Ordered by Judge Ed Kinkeade on 2/8/2013) (chmb) (Entered: 02/08/2013)

02/11/2013 200 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: Motion Hearing held on 2/11/2013 re 159 Motion for Summary Judgment filed by Andrew Coticchio, Samuel D Jones, Frank P. Gatto, Scott W Klein, Katherine J Harless. re: 159 MOTION for Summary Judgment (Court Reporter: Pamela Wilson) Time in Court - 1:30. (chmb) (Entered: 02/11/2013)

02/11/2013 201 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Settlement Conference held on 2/11/2013. Case did not settle. Attorney Appearances: Plaintiff - Joe Kendall, James Barz, Debra Wyman; Defense - Jay Lefkowitz, Matthew Dexter, Kristin Sheffield-Whitehead, Seth Roberts, Harriet Miers. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 1:10. (mcrd) (Entered: 02/13/2013)

02/13/2013 202 ORDER granting 196 Motion to Continue Trial to June Docket. The Jury Trial is hereby re-set to the court's three-week docket beginning 6/3/2013 before Judge Ed Kinkeade. The parties shall comply with paragraph 8 of the court's Scheduling Order entered 10/21/2011 no later than 5/6/2013, and shall comply with paragraph 10 of that order by 5/20/2013. (Ordered by Judge Ed Kinkeade on 2/13/2013) (cea) (Entered: 02/13/2013)

02/14/2013 203 Notice of Filing of Official Electronic Transcript of Oral Argument Proceedings held

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on 2/11/2013 before Judge Ed Kinkeade. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (100 pages) Redaction Request due 3/7/2013. Redacted Transcript Deadline set for 3/18/2013. Release of Transcript Restriction set for 5/15/2013. (pjw) (Entered: 02/14/2013)

02/15/2013 204 Notice of Filing of Official (Corrected) Electronic Transcript of Oral Argument Proceedings held on 2/11/2013 before Judge Ed Kinkeade. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (100 pages) Redaction Request due 3/8/2013. Redacted Transcript Deadline set for 3/18/2013. Release of Transcript Restriction set for 5/16/2013. (pjw) (Entered: 02/15/2013)

02/15/2013 205 STIPULATION and Proposed Order Regarding Class Notice Procedures by Kentucky State District Council of Carpenters Pension Trust Fund. (Attachments: # 1 Exhibit(s) A - Notice of Pendency of Class Action, # 2 Exhibit(s) B- Summary Notice) (Wyman, Debra) (Entered: 02/15/2013)

02/20/2013 206 ORDER denying 159 Motion for Summary Judgment. (Ordered by Judge Ed Kinkeade on 2/20/2013) (ndt) (Entered: 02/20/2013)

02/21/2013 207 SETTLEMENT REPORT: This case was referred to United States Magistrate Judge Stickney for a settlement conference. The settlement conference was held on Monday, February 11, 2013 at 2:30 p.m. The parties conducted settlement negotiations in good faith but were unable to reach a settlement at this time. Both parties anticipate continuing to work towards settlement, if possible. (see order) (Ordered by Magistrate Judge Paul D Stickney on 2/21/2013) (mcrd) Modified on 2/28/2013 (mcrd). (Entered: 02/26/2013)

02/26/2013 208 ORDER REFERRING CASE to Magistrate Judge Paul D Stickney for a Settlement Conference. (Ordered by Judge Ed Kinkeade on 2/26/2013) (cea) (Entered: 02/27/2013)

03/07/2013 209 ORDER: This case was referred to United States Magistrate Judge Stickney for a settlement conference. The settlement conference is hereby set for MONDAY, MARCH 18, 2013 at 9:00 A.M., convening in Courtroom 1620, 1100 Commerce St., Dallas, Texas. In addition to counsel, all parties shall be present with full settlement authority. (Ordered by Magistrate Judge Paul D Stickney on 3/7/2013) (mcrd) (Entered: 03/07/2013)

03/11/2013 210 ORDER denying 170 Motion Exclude the Opinions and Testimony of Defendants'

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Expert Christopher M. James ; denying 172 Motion to Exclude the Testimony of Plaintiffs' Expert Witness Dr. Steven P. Feinstein ; denying 176 Motion to Exclude the Opinions and Testimony of Defendants' Expert Daniel L. Jackson. (Ordered by Judge Ed Kinkeade on 3/11/2013) (ykp) (Entered: 03/12/2013)

03/18/2013 211 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Settlement Conference held on 3/18/2013. Case did not settle. Attorney Appearances: Plaintiff - Joe Kendall, Eric Leon, Jonah Goldstein, Debra Wyman; Defense - Seth Roberts, Harriet Miers. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 8:00. (mcrd) (Entered: 03/19/2013)

03/21/2013 212 STIPULATION AND ORDER REGARDING CLASS NOTICE PROCEDURES re: 205 . (Ordered by Judge Ed Kinkeade on 3/21/2013) (tla) (Entered: 03/22/2013)

04/02/2013 213 Order Administratively Closing Case. The Court has been notified that this case has settled. Plaintiffs' are therefore directed to file their Motion for Preliminary Approval of Proposed Settlement and Providing for Notice, within 60 days from the date of this order. (Ordered by Judge Ed Kinkeade on 4/2/2013) (ykp) (Entered: 04/02/2013)

05/31/2013 214 MOTION for Extension of Time to File Preliminary Approval Motion filed by Kentucky State District Council of Carpenters Pension Trust Fund (Wyman, Debra) (Entered: 05/31/2013)

05/31/2013 215 ORDER: This case is hereby referred to United States Magistrate Judge Paul D. Stickney for a settlement conference, at a date and time to be determined by Judge Stickney. The parties shall appear at the conference along with their counsel. (Ordered by Judge Ed Kinkeade on 5/31/2013) (ykp) (Entered: 05/31/2013)

06/03/2013 216 ORDER: This case has been re-referred to United States Magistrate Judge Paul D. Stickney for a settlement conference. A preliminary settlement meeting will be held on THURSDAY, JUNE 6, 2013, at 9:00 A.M., convening in Courtroom 1620, 1100 Commerce St., Dallas, Texas. Representative counsel for each party shall be present at the meeting, wherein the parties' preliminary settlement differences will be discussed. All parties shall be available by telephone. (Ordered by Magistrate Judge Paul D Stickney on 6/3/2013) (mcrd) (Entered: 06/03/2013)

06/03/2013 217 ELECTRONIC ORDER granting 214 Motion for Extension of Time to File Preliminary Approval Motion. Preliminary Approval Motion due on or before June 24, 2013. (Ordered by Judge Ed Kinkeade on 6/3/2013) (chmb) (Entered: 06/03/2013)

06/06/2013 218 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Settlement Conference held on 6/6/2013. Attorney Appearances: Plaintiff - Robert Prongay, Joe Kendall; Defense - Harriet Miers, Matthew Dexter, Johan Goldstein. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 1:30. (mcrd) (Entered: 06/07/2013)

06/10/2013 219 Unopposed MOTION for Preliminary Approval of Settlement and Approval of Notice to the Class filed by Kentucky State District Council of Carpenters Pension Trust Fund, Kenneth F Werring with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Preliminarily Approving Settlement and Providing for Notice) (Wyman, Debra) (Entered: 06/10/2013)

06/10/2013 220 STIPULATION of Settlement by Andrew Coticchio, Frank P. Gatto, Katherine J

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Harless, Samuel D Jones, Kentucky State District Council of Carpenters Pension Trust Fund, Scott W Klein, Kenneth F Werring. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) A-1, # 3 Exhibit(s) A-2, # 4 Exhibit(s) A-3, # 5 Exhibit(s) B) (Wyman, Debra) (Entered: 06/10/2013)

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