US District Court Civil Docket as of January 15, 2013 Retrieved from the court on January 18, 2013

U.S. District Court Southern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:12-cv-01073-HB

Date Filed: 02/10/2012 Date Terminated: 11/09/2012 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by Mario Alba , Jr Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: malba@rgrdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Aelish M Baig Robbins Geller Rudman & Dowd LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94101 415-288-4545 Fax: 415-288-4534 Email: aelishb@rgrdlaw.com ATTORNEY TO BE NOTICED

Jennifer L. Gmitro Robbins Geller Rudman & Dowd LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: jgmitro@rgrdlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED

Marshall Pierce Dees

Hutchinson v. Perez et al Assigned to: Judge Harold Baer Cause: 15:78m(a) Securities Exchange Act

Lead Plaintiff

Bret S. Jones

Holzer Holzer & Fistel, LLC 200 Ashford Center North, Suite300 Atlanta, GA 30338 (770) 392-0090 Fax: (770) 392-0029 Email: mdees@holzerlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED

Michael Ira Fistel , Jr. Holzer Holzer & Fistel, LLC 200 Ashford Center North, Suite300 Atlanta, GA 30338 (770) 392-0090 Fax: (770) 392-0029 Email: mfistel@holzerlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED

Sunny September Sarkis Robbins Geller Rudman & Dowd LLP Post Montgomery Center, One Montgomery St., Suite 1800 San Francisco, CA 94104 (415)-288-4545 Fax: (415)-288-4534 Email: ssarkis@rgrdlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff

Timothy A. Hutchinson represented by Aelish M Baig Individually and on behalf of all others

(See above for address)

similarly situated

PRO HAC VICE ATTORNEY TO BE NOTICED

Corey D. Holzer Holzer Holzer & Cannon LLC 1117 Perimeter Center West E-107 Atlanta, GA 30338 (770) 392-0090 ATTORNEY TO BE NOTICED

Darren J. Robbins Robbins Geller Rudman & Dowd LLP (SANDIEGO) 655 West Broadway Suite 1900 San Diego, CA 92101

619-231-1058 Fax: 619-231-7423 Email: e_file_sd@rgrdlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED

David Avi Rosenfeld Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: drosenfeld@rgrdlaw.com ATTORNEY TO BE NOTICED

David C. Walton Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, L.L.P. 655 W. Broadway Suite 1900 San Diego, CA 92101-3301 619-231-1058 ATTORNEY TO BE NOTICED

Jeffrey A. Berens Dyer & Berens L.L.P. (CO) 303 East 17th, Avenue Suite 300 Denver, CO 80203 (303) 861-1764 Fax: (303) 395-0393 Email: jeff@dyerberens.com ATTORNEY TO BE NOTICED

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

Michael Ira Fistel , Jr. (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Samuel Howard Rudman Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747

(631) 367-7100 Fax: (631) 367-1173 Email: srudman@rgrdlaw.com ATTORNEY TO BE NOTICED

V.

Defendant

Antonio M. Perez represented by Jonathan Cobb Dickey Gibson, Dunn & Crutcher, LLP (NY) 200 Park Avenue, 48th Floor New York, NY 10166 212 351-2399 Fax: 212 351-6399 Email: jdickey@gibsondunn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gabrielle Frances Levin Gibson, Dunn & Crutcher, LLP 144 W. Houston Street., Apt 3. New York, NY 10012 (212) 351-3901 Fax: (212) 351-5301 Email: glevin@gibsondunn.com ATTORNEY TO BE NOTICED

Jennifer Laurie Conn Gibson, Dunn & Crutcher, LLP (NY) 200 Park Avenue, 48th Floor New York, NY 10166 212-351-400 Fax: 212-351-4000 Email: jconn@gibsondunn.com ATTORNEY TO BE NOTICED

Defendant

Philip J. Faraci represented by Jonathan Cobb Dickey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gabrielle Frances Levin (See above for address) ATTORNEY TO BE NOTICED

Jennifer Laurie Conn (See above for address) ATTORNEY TO BE NOTICED

Defendant

Antoinette P. McCorvey represented by Jonathan Cobb Dickey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gabrielle Frances Levin (See above for address) ATTORNEY TO BE NOTICED

Jennifer Laurie Conn (See above for address) ATTORNEY TO BE NOTICED

Defendant

Pradeep Jotwani represented by Jonathan Cobb Dickey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gabrielle Frances Levin (See above for address) ATTORNEY TO BE NOTICED

Jennifer Laurie Conn (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/10/2012 1 COMPLAINT against Philip J. Faraci, Antoinette P. McCorvey, Antonio M. Perez. (Filing Fee $ 350.00, Receipt Number 465401029503)Document filed by Timothy A. Hutchinson.(rdz) (ama). (Entered: 02/15/2012)

02/10/2012

SUMMONS ISSUED as to Philip J. Faraci, Antoinette P. McCorvey, Antonio M. Perez. (rdz) (Entered: 02/15/2012)

02/10/2012

Magistrate Judge James L. Cott is so designated. (rdz) (Entered: 02/15/2012)

02/10/2012

Case Designated ECF. (rdz) (Entered: 02/15/2012)

02/10/2012 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that

does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (rdz) (Entered: 02/15/2012)

02/15/2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Corey D. Holzer for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint to: caseopenings@nysd.uscourts.gov . (rdz) (Entered: 02/15/2012)

02/28/2012 3 Letter addressed to Mr. Holzer from Linda Eckhouse, Judicial Assistant to the Honorable Harold Baer, Jr. dated 2/21/2012 re: A Pre-Trial Conference in this action will be held at 1:45 p.m. on Thursday, 4/5/2012 in Chambers, Room 2230. It is your responsibility to notify your adversary(ies) of the date and time of the Pre-Trial Conference with a copy to us and to forward to your adversary(ies) a copy of Judge Baer's individual rules. (tro) (Entered: 02/28/2012)

02/28/2012 Set/Reset Hearings: Pretrial Conference set for 4/5/2012 at 01:45 PM before Judge Harold Baer. (tro) (Entered: 02/28/2012)

03/16/2012 4 NOTICE OF APPEARANCE by Jennifer Laurie Conn on behalf of Philip J. Faraci, Antoinette P. McCorvey, Antonio M. Perez (Conn, Jennifer) (Entered: 03/16/2012)

03/16/2012 5 NOTICE OF APPEARANCE by Gabrielle Frances Levin on behalf of Philip J. Faraci, Antoinette P. McCorvey, Antonio M. Perez (Levin, Gabrielle) (Entered: 03/16/2012)

03/16/2012 6 NOTICE OF APPEARANCE by Jonathan Cobb Dickey on behalf of Philip J. Faraci, Antoinette P. McCorvey, Antonio M. Perez (Dickey, Jonathan) (Entered: 03/16/2012)

03/21/2012 7 STIPULATION AND ORDER: The Action shall no longer be designated for inclusion in the Pilot Program. The Pretrial conference scheduled for 4/5/12 will take place at the time and place heretofore noted. No previous requests for an extension have been made. At PTC be ready to discuss lead counsel timetable for answer or moving, what the case is about etc. (Signed by Judge Harold Baer on 3/21/2012) (jfe) (Entered: 03/22/2012)

04/04/2012 8 ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Mario Alba, Jr. dated 4/3/2012 re: We represent Plaintiff in the above-captioned securities class action and write concerning the Stipulation and Order that was "So Ordered" by Your Honor on March 21, 2012. In that Order, Your Honor directed the parties to appear for a previously-scheduled pre-trial conference on Apri1 5, 2012 and be ready to discuss, among other things, "lead counsel." ENDORSEMENT: My preference is that efficiency would be furthered assuming all know where you were headed if you come prepared to discuss the matter assuming too that there was accord amongst all of you - April 5 if you can't call Chambers today between 1 and 2 P.M. and we may put it over don't waste time. (Signed by Judge Harold Baer on 4/4/2012) (djc) (Entered: 04/04/2012)

04/10/2012 9 NOTICE OF APPEARANCE by David Avi Rosenfeld on behalf of Timothy A. Hutchinson (Rosenfeld, David) (Entered: 04/10/2012)

04/10/2012 10 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP and Holzer

Holzer & Fistel LLC ., MOTION to Appoint Bret S. Jones to serve as lead plaintiff(s). Document filed by Bret S. Jones. (Attachments: # 1 Exhibit A)(Alba, Mario) (Entered: 04/10/2012)

04/10/2012 11 MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP and Holzer Holzer & Fistel LLC . MOTION to Appoint Bret S. Jones to serve as lead plaintiff(s).. Document filed by Bret S. Jones. (Alba, Mario) (Entered: 04/10/2012)

04/10/2012

04/11/2012

04/13/2012

04/17/2012

12 DECLARATION of Mario Alba Jr. in Support re: 10 MOTION to Appoint Counsel Robbins Geller Rudman & Dowd LLP and Holzer Holzer & Fistel LLC . MOTION to Appoint Bret S. Jones to serve as lead plaintiff(s).. Document filed by Bret S. Jones. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Alba, Mario) (Entered: 04/10/2012)

Minute Entry for proceedings held before Judge Harold Baer: Telephone Conference held on 4/11/2012. (djc) (Entered: 04/13/2012)

Minute Entry for proceedings held before Judge Harold Baer: Telephone Conference held on 4/13/2012. (js) (Entered: 04/17/2012)

13 ORDER granting 10 Motion to Appoint Counsel ; granting 10 Motion to Appoint Bret S. Jones as Lead Plaintiff(s). Mr. Jones is hereby appointed Lead Plaintiff for the Class pursuant to Section 21 D of the Securities Exchange Act of 1934; The law firms of Robbins Geller Rudman & Dowd LLP and Holzer Holzer & Fistel LLC are hereby appointed Lead Counsel. ENDORSEMENT: The Clerk is instructed to close this motion and remove it from my docket.SO ORDERED.(Signed by Judge Harold Baer on 4/17/2012) (ama) (Entered: 04/17/2012)

04/20/2012 14 MOTION for Marshall P. Dees to Appear Pro Hac Vice. Document filed by Timothy A. Hutchinson, Bret S. Jones.(bwa) (Entered: 04/25/2012)

04/20/2012 15 MOTION for Michael I. Fistel, Jr. to Appear Pro Hac Vice. Document filed by Timothy A. Hutchinson, Bret S. Jones.(bwa) (Entered: 04/25/2012)

04/26/2012 CASHIERS OFFICE REMARK on 14 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/23/2012, Receipt Number 1036213. (jd) (Entered: 04/26/2012)

04/26/2012 CASHIERS OFFICE REMARK on 15 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/23/2012, Receipt Number 1036214. (jd) (Entered: 04/26/2012)

04/30/2012 16 ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting 15 Motion for Michael I. Fistel, Jr. to Appear Pro Hac Vice. Application for Pro Hac Vice granted. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 4/27/2012) (lmb) (Entered: 04/30/2012)

04/30/2012 17 ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting 14 Motion for Marshall P. Dees to Appear Pro Hac Vice. Application for Pro Hac Vice granted. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 4/27/2012) (lmb) (Entered: 04/30/2012)

05/03/2012 18 MOTION for Aelish M. Baig to Appear Pro Hac Vice. Document filed by Timothy A. Hutchinson.(pgu) (pgu). (Entered: 05/04/2012)

05/03/2012 Minute Entry for proceedings held before Judge Harold Baer: Telephone Conference held on 5/3/2012. (mro) (Entered: 05/16/2012)

05/07/2012 19 STIPULATION AND ORDER: It is hereby ordered that: Lead Plaintiff shall serve and file a consolidated amended class action complaint on or before June 1, 2012. Defendants shall answer, move or otherwise respond to the consolidated amended class action complaint on or before July 2, 2012. If defendants move to dismiss the consolidated amended class action complaint, plaintiff's response to such motion(s) shall be due on or before August 3, 2012, and any reply brief in support of the motion to dismiss shall be due on or before August 31, 2012. (Signed by Judge Harold Baer on 5/7/2012) (mro) (Entered: 05/07/2012)

05/07/2012

05/09/2012

05/10/2012

Set/Reset Deadlines: Amended Pleadings due by 6/1/2012. Motions due by 7/2/2012. Responses due by 8/3/2012 Replies due by 8/31/2012. (mro) (Entered: 05/07/2012)

CASHIERS OFFICE REMARK on 18 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 05/03/2012, Receipt Number 1037189. (jd) (Entered: 05/09/2012)

20 ORDER FOR ADMISSION PRO HAC VICE granting 18 Motion for Aelish M. Baig to Appear Pro Hac Vice. It is hereby ordered that Aelish M. Baig is admitted Pro Hac Vice to appear for all purposes as counsel for Timothy A. Hutchinson. ENDORSEMENT: Application for Pro Hac Vice granted. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 5/10/2012) (mro) Modified on 5/10/2012 (mro). (Entered: 05/10/2012)

06/01/2012 21 AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS amending 1 Complaint against Philip J. Faraci, Antoinette P. McCorvey, Antonio M. Perez with JURY DEMAND.Document filed by Timothy A. Hutchinson. Related document: 1 Complaint filed by Timothy A. Hutchinson.(djc) (Entered: 06/07/2012)

07/02/2012 22 MOTION to Dismiss / NOTICE OF DEFENDANTS' MOTION TO DISMISS LEAD PLAINTIFF'S AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS . Document filed by Philip J. Faraci, Antoinette P. McCorvey, Antonio M. Perez, Pradeep Jotwani. Responses due by 8/3/2012(Dickey, Jonathan) (Entered: 07/02/2012)

07/02/2012 23 MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss / NOTICE OF DEFENDANTS' MOTION TO DISMISS LEAD PLAINTIFF'S AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS .. Document filed by Philip J. Faraci, Antoinette P. McCorvey, Antonio M. Perez,Pradeep Jotwani. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Dickey, Jonathan) (Entered: 07/02/2012)

07/02/2012 24 DECLARATION of Jennifer L. Conn in Support re: 22 MOTION to Dismiss / NOTICE OF DEFENDANTS' MOTION TO DISMISS LEAD PLAINTIFF'S AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS .. Document filed by Philip J. Faraci, Antoinette P. McCorvey, Antonio M. Perez, Pradeep Jotwani. (Attachments: # 1 Exhibit A to E, Part 1, # 2 Exhibit A to E, Part 2, # 3 Exhibit A to E, Part 3, # 4 Exhibit A to E, Part 4, # 5 Exhibit F to J, # 6 Exhibit K, # 7 Exhibit L, # 8 Exhibit M, # 9 Exhibit N, # 10 Exhibit O to T, Part 1, # 11 Exhibit O to T, Part 2, # 12 Exhibit O to T, Part 3, # 13 Exhibit U to Z, # 14 Exhibit AA to GG, # 15 Exhibit HH to NN, # 16 Exhibit OO to UU)(Dickey, Jonathan) Modified on 7/16/2012 (kco).

07/13/2012 25

07/16/2012

(Entered: 07/02/2012)

MOTION for Jennifer L. Gmitro to Appear Pro Hac Vice. Document filed by Bret S. Jones.(pgu) (Entered: 07/16/2012)

CASHIERS OFFICE REMARK on 25 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/13/2012, Receipt Number 1043559. (jd) (Entered: 07/16/2012)

07/18/2012 26 NOTICE OF APPEARANCE by Gabrielle Frances Levin on behalf of Pradeep Jotwani (Levin, Gabrielle) (Entered: 07/18/2012)

07/18/2012 27 NOTICE OF APPEARANCE by Jennifer Laurie Conn on behalf of Pradeep Jotwani (Conn, Jennifer) (Entered: 07/18/2012)

07/18/2012 28 NOTICE OF APPEARANCE by Jonathan Cobb Dickey on behalf of Pradeep Jotwani (Dickey, Jonathan) (Entered: 07/18/2012)

07/18/2012 29 ORDER FOR ADMISSION PRO HAC VICE granting 25 Motion for Jennifer L. Gmitro to Appear Pro Hac Vice. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 7/17/2012) (djc) Modified on 7/18/2012 (djc). (Entered: 07/18/2012)

08/03/2012 30 MEMORANDUM OF LAW in Opposition re: 22 MOTION to Dismiss / NOTICE OF DEFENDANTS' MOTION TO DISMISS LEAD PLAINTIFF'S AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS .. Document filed by Bret S. Jones. (Baig, Aelish) (Entered: 08/03/2012)

08/03/2012 31 DECLARATION of Aelish M. Baig in Opposition re: 22 MOTION to Dismiss / NOTICE OF DEFENDANTS' MOTION TO DISMISS LEAD PLAINTIFF'S AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS .. Document filed by Bret S. Jones. (Attachments: # 1 Exhibit 1 - McCorvey Declaration, # 2 Exhibit 2 - Lazard-Hart Declaration, # 3 Exhibit 3 - Lazard Engagement Letter)(Baig, Aelish) (Entered: 08/03/2012)

08/03/2012 32 MOTION to Strike Document No. [23-2] Lead Plaintiff's Motion to Strike Appendix B Filed in Support ofDefendants' Motion to Dismiss Plaintiff's Amended Complaint . Document filed by Bret S. Jones.(Baig, Aelish) (Entered: 08/03/2012)

08/17/2012

08/31/2012

33 MEMORANDUM OF LAW in Opposition / DEFENDANTS' OPPOSITION TO LEAD PLAINTIFF'S MOTION TO STRIKE APPENDIX B FILED IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT . Document filed by Philip J. Faraci, Pradeep Jotwani, Antoinette P. McCorvey, Antonio M. Perez. (Dickey, Jonathan) (Entered: 08/17/2012)

34 REPLY MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss / NOTICE OF DEFENDANTS' MOTION TO DISMISS LEAD PLAINTIFF'S AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS . Defendants' Reply Memorandum of Law in Support of Motion to Dismiss Amended Complaint . Document filed by Philip J. Faraci, Pradeep Jotwani, Antoinette P. McCorvey, Antonio

- M. Perez. (Attachments: # 1 Appendix D)(Levin, Gabrielle) (Entered: 08/31/2012)

09/27/2012 35 MOTION for Sunny S. Sarkis to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7855364. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bret S. Jones. (Attachments: # 1 Exhibit Certificate of

Good Standing, # 2 Text of Proposed Order)(Sarkis, Sunny) (Entered: 09/27/2012)

09/27/2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 35 MOTION for Sunny S. Sarkis to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7855364. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu) (Entered: 09/27/2012)

09/27/2012 Minute Entry for proceedings held before Judge Harold Baer: Oral Argument held on 9/27/2012 re: 22 MOTION to Dismiss / NOTICE OF DEFENDANTS' MOTION TO DISMISS LEAD PLAINTIFF'S AMENDED COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS . filed by Pradeep Jotwani, Antonio M. Perez, Antoinette P. McCorvey, Philip J. Faraci. (Decision reserved) (js) (Entered: 10/04/2012)

10/02/2012 36 NOTICE of Withdrawal of Appearance. Document filed by Bret S. Jones. (Baig, Aelish) (Entered: 10/02/2012)

10/05/2012 37 ORDER granting 35 Motion for Sunny S. Sarkis to Appear Pro Hac Vice. Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. SO ORDERED. (Signed by Judge Harold Baer on 10/04/2012) (ama) (Entered: 10/05/2012)

10/11/2012 38 TRANSCRIPT of Proceedings re: ARGUMENT held on 9/27/2012 before Judge Harold Baer. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2012. Redacted Transcript Deadline set for 11/16/2012. Release of Transcript Restriction set for 1/14/2013.(McGuirk, Kelly) (Entered: 10/11/2012)

10/11/2012 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/11/2012)

11/08/2012 40 OPINION AND ORDER: #102553 For the foregoing reasons, Defendants' motion to dismiss is GRANTED. Plaintiff's motion to strike Appendix B of Defendants' motion to dismiss is DENIED. The Clerk of the Court is instructed to close the two motions and remove the case from my docket. (Signed by Judge Paul A. Engelmayer on 11/8/2012) (pl) Modified on 11/13/2012 (jab). (Entered: 11/08/2012)

11/08/2012 Transmission to Judgments and Orders Clerk. Transmitted re: 40 Memorandum & Opinion, to the Judgments and Orders Clerk. (pl) (Entered: 11/08/2012)

11/09/2012 41 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated November 8, 2012, Defendants' motion to dismiss is granted, and Plaintiff's motion to strike Appendix B of Defendants' motion to dismiss is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/9/12) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 11/09/2012)

12/07/2012 42 MOTION to Alter Judgment Notice of Motion in Support of Plaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint . Document filed by Bret S. Jones.(Baig, Aelish) (Entered: 12/07/2012)

12/07/2012 43 MEMORANDUM OF LAW in Support re: 42 MOTION to Alter Judgment Notice of Motion in Support of Plaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint . MOTION to Alter Judgment Notice of Motion in Support of Plaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint .. Document filed by Bret S. Jones. (Attachments: # 1 Exhibit 1 - [Proposed] Second Amended Complaint, # 2 Exhibit 2 - Redline)(Baig, Aelish) (Entered: 12/07/2012)

12/18/2012 44 I ENDORSED LETTER addressed to Judge Harold Baer Jr. from Sunny Sarkis dated 12/14/2012 re: Counsel for plaintiff respectfully submits this Stipulation and (Proposed) Order Extending the Briefing Schedule for Plaintiffs Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint. Due to the intervening holidays, the parties agree to extend the deadline for filing Defendants' Opposition from December 21, 2012 to January 11, 2013. Likewise, the parties agree to extend the deadline for filing Plaintiffs Reply from December 28, 2012 to January 25, 2013. ENDORSEMENT: The extension is denied. The extension is denied. If I get opposition paper by or on the 21st, I may well be able to resolve the matter - if I sign the proposed order which brings us to January 25 I will be gone so there will be no decision until April. I want all papers in Chambers by Friday 28, 2012. (Signed by Judge Harold Baer on 12/18/2012) (pl) Modified on 12/18/2012 (pl). (Entered: 12/18/2012)

12/21/2012

12/21/2012

45 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #46) - MEMORANDUM OF LAW in Opposition re: 42 MOTION to Alter Judgment Notice of Motion in Support ofPlaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint . MOTION to Alter Judgment Notice of Motion in Support of Plaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint . DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO ALTER OR AMEND THE COURT'S NOVEMBER 9, 2012 JUDGMENT, OR FOR RELIEF FROM SAID JUDGMENT, AND FOR LEAVE TO FILE [PROPOSED] SECOND AMENDED COMPLAINT . Document filed by Philip J. Faraci, Pradeep Jotwani, Antoinette P. McCorvey, Antonio M. Perez. (Dickey, Jonathan) Modified on 12/26/2012 (ldi). (Entered: 12/21/2012)

46 MEMORANDUM OF LAW in Opposition re: 42 MOTION to Alter Judgment Notice I of Motion in Support ofPlaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint . MOTION to Alter Judgment Notice of Motion in Support of Plaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint . DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO ALTER OR AMEND THE COURT'S NOVEMBER 9, 2012 JUDGMENT, OR FOR RELIEF FROM

SAID JUDGMENT, AND FOR LEAVE TO FILE [PROPOSED] SECOND AMENDED COMPLAINT . Document filed by Philip J. Faraci, Pradeep Jotwani, Antoinette P. McCorvey, Antonio M. Perez. (Attachments: # 1 Exhibit A)(Dickey, Jonathan) (Entered: 12/21/2012)

12/28/2012

12/28/2012

01/08/2013

47 REPLY MEMORANDUM OF LAW in Support re: 42 MOTION to Alter Judgment Notice of Motion in Support ofPlaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint . MOTION to Alter Judgment Notice of Motion in Support of Plaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint .. Document filed by Bret S. Jones. (Baig, Aelish) (Entered: 12/28/2012)

48 DECLARATION of Aelish M. Baig in Support re: 42 MOTION to Alter Judgment Notice of Motion in Support ofPlaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint . MOTION to Alter Judgment Notice of Motion in Support of Plaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File [Proposed] Second Amended Complaint .. Document filed by Bret S. Jones. (Attachments: # 1 Exhibit 1)(Baig, Aelish) (Entered: 12/28/2012)

49 OPINION AND ORDER re: #102770 42 MOTION to Alter Judgment Notice of Motion in Support of Plaintiff's Motion to Alter or Amend the Court's November 9, 2012 Judgment. I will in the interestof justice amend the judgment to permit a SAC if served and filed within 15 days from the date hereof and in all other respects the motion is denied. If there is motion practice as well there may be following the SAC you may work out your own timetable. No memorandum shall be more than 15 pages and any reply 5 and the motions willbe fully briefed and on my desk by Monday, March 4, 2013. Both sides to submit proposed amended judgments within 5 days from date hereof. (Signed by Judge Harold Baer on 1/8/2013) (cd) Modified on 1/9/2013 (jab). (Entered: 01/08/2013)

01/08/2013 Set/Reset Deadlines: Motion due by 3/4/2013. (cd) (Entered: 01/08/2013)

01/15/2013 50 AMENDED JUDGMENT amending 41 Clerk's Judgment, that the November 9,2012 Judgment is amended as follows: 1. For the reasons stated in the Court's Opinion and Order dated November 8, 2012 and the Court's Opinion and Order dated January 8, 2013, Defendants' Motion to Dismiss Plaintiffs' Amended Complaint is hereby GRANTED without prejudice. 2. For the reasons stated in the Court's Opinion and Order dated January 8, 2012, Plaintiffs' Motion to Alter or Amend the Court's November 9, 2012 Judgment, or for Relief from Said Judgment, and for Leave to File (Proposed) Second Amended Complaint is hereby GRANTED to permit the filing of a Second Amended Complaint by January 23, 2013 and DENIED in all other respects. (Signed by Judge Harold Baer on 1/15/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 01/15/2013)

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