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

US District Court Civil Docket as of December 26, 2013 Retrieved from the court on January 22, 2014

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

CIVIL DOCKET FOR CASE #: 1:08-cv-03601-HB-FM

Landmen Partners, Inc. et al v. The Blackstone Group, L.P. et al Date Filed: 04/15/2008 Assigned to: Judge Harold Baer Date Terminated: 12/18/2013 Referred to: Magistrate Judge Frank Maas Member case: (View Member Case) Related Cases: 1:08-cv-03838-HB

1:08-cv-04064-HB 1:08-cv-05447-HB 1:08-cv-04110-HB

Case in other court: US Court of Appeals, Second Circuit, 09- 04426-cv

Cause: 15:78m(a) Securities Exchange Act

Lead Plaintiff

Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Martin Litwin represented by Brian C. Kerr Brower Piven, A Professional Corporation 488 Madison Avenue, Eight Floor New York, NY xxxxx (212) 501-9000 Fax: (212) 501-0300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christopher Thomas Gilroy Robbins Geller Rudman & Dowd, LLP 58 South Service Road Melville, NY 11737 (631)-367-7100 Fax: (631)-367-1173 Email: [email protected] ATTORNEY TO BE NOTICED

David A.P. Brower Brower Piven 488 Madison Avenue New York, NY 10022 (212) 594-5300 Fax: (212) 501-0300 Email: [email protected]

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: [email protected] ATTORNEY TO BE NOTICED

Edward Y. Kroub Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631) 367-7100 Fax: (631) 367-1173 Email: [email protected] ATTORNEY TO BE NOTICED

Ellen Anne Gusikoff Stewart Robbins Geller Rudman & Dowd LLP 58 South Services Road, Suite 200 Melville, NY 11747 (619) 231-1058 Fax: (619)-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Erin Whitney Boardman Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631)-454-7710 Fax: (631)-367-1173 Email: [email protected] ATTORNEY TO BE NOTICED

Jonah H. Goldstein Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619)231-1058 Fax: (619)-231-7423

Email: [email protected] ATTORNEY TO BE NOTICED

Joseph Frank Russello Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631)367-7100 Fax: (631)367-1173 Email: [email protected] ATTORNEY TO BE NOTICED

Michael Joseph Dowd Robbins Geller Rudman & Dowd LLP (SANDIEGO) 655 West Broadway Suite 1900 San Diego, CA 92101 (619)231-1058 Fax: (619)231-7423 Email: [email protected] ATTORNEY TO BE NOTICED

Robert R. Henssler , Jr. Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] 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: [email protected] ATTORNEY TO BE NOTICED

William John Geddish Robbins Geller Rudman & Dowd LLP 58 South Services Road, Suite 200 Melville, NY 11747

(631)-367-7100 Fax: (631)-367-1173 Email: [email protected] ATTORNEY TO BE NOTICED

Lead Plaintiff

BX Investor Group represented by David A.P. Brower (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason Michael Husgen Proskauer Rose LLP (NY) 11 Times Square New York, NY 10036 (212)-969-3422 Fax: (212)-969-2900 Email: [email protected] 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: [email protected] ATTORNEY TO BE NOTICED

Lead Plaintiff

Francis Brady

represented by David A.P. Brower (See above for address)

Edward Y. Kroub (See above for address)

Jason Michael Husgen (See above for address)

represented by Brian C. Kerr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christopher Thomas Gilroy (See above for address) ATTORNEY TO BE NOTICED

Lead Plaintiff

Max Poulter TERMINATED: 02/01/2013

David A.P. Brower (See above for address) ATTORNEY TO BE NOTICED

Edward Y. Kroub (See above for address) ATTORNEY TO BE NOTICED

Ellen Anne Gusikoff Stewart (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Erin Whitney Boardman (See above for address) ATTORNEY TO BE NOTICED

Jason Michael Husgen (See above for address) ATTORNEY TO BE NOTICED

Jonah H. Goldstein (See above for address) ATTORNEY TO BE NOTICED

Joseph Frank Russello (See above for address) ATTORNEY TO BE NOTICED

Michael Joseph Dowd (See above for address) ATTORNEY TO BE NOTICED

Robert R. Henssler , Jr. (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

William John Geddish (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Landmen Partners, Inc. Individually

represented by David A.P. Brower (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Avi Rosenfeld (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jack Gerald Fruchter Abraham Fruchter & Twersky LLP One Penn Plaza Suite 1910 New York, NY 10119 212-279-5050 Fax: 212 279-3655 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel Howard Rudman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff

Landmen Partners, Inc. and On Behalf of All Others Similarly Situated

represented by David A.P. Brower (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Avi Rosenfeld (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jack Gerald Fruchter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel Howard Rudman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Movant

The Jakeman Group represented by Jason Robert D'Agnenica Stull Stull & Brody 6 East 45th Street, 5th Floor New York, NY 10017 (212)-687-7230 Fax: (212)-490-2022 Email: [email protected]

LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

The Blackstone Group, L.P. represented by Bruce Domenick Angiolillo Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY 10017 212-455-2000 Fax: 212-455-2502 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel Joseph Stujenske Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY 10017 (212) 455-2419 Fax: (212) 455-2502 Email: [email protected] ATTORNEY TO BE NOTICED

Jonathan K. Youngwood Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY 10017 (212) 455-2000 Fax: (212) 455-2502 Email: [email protected] ATTORNEY TO BE NOTICED

Paul Jacob Sirkis Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY 10017 (212) 455-2651 Fax: (212) 455-2502 Email: [email protected] ATTORNEY TO BE NOTICED

Susannah Sidney Geltman Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY 10017 (212)-455-2762 Fax: (212)-455-2502 Email: [email protected]


Defendant

Stephen A. Schwartzman represented by Bruce Domenick Angiolillo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel Joseph Stujenske (See above for address) ATTORNEY TO BE NOTICED

Jonathan K. Youngwood (See above for address) ATTORNEY TO BE NOTICED

Paul Jacob Sirkis (See above for address) ATTORNEY TO BE NOTICED

Susannah Sidney Geltman (See above for address) ATTORNEY TO BE NOTICED

Defendant

Michael A. Puglisi

represented by Bruce Domenick Angiolillo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Jonathan K. Youngwood (See above for address) ATTORNEY TO BE NOTICED



Defendant

Peter J. Peterson represented by Bruce Domenick Angiolillo (See above for address) LEAD ATTORNEY





Defendant

Hamilton E. James represented by Bruce Domenick Angiolillo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED




Date Filed # Docket Text

04/15/2008 1 COMPLAINT against The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. (Filing Fee $ 350.00, Receipt Number 647645)Document filed by Landmen Partners, Inc.(Individually), Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated).(tve) (tve). (Entered: 04/17/2008)

04/15/2008 SUMMONS ISSUED as to The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. (tve) (Entered: 04/17/2008)

04/15/2008 1 Magistrate Judge Frank Maas is so designated. (tve) (Entered: 04/17/2008)

04/15/2008 Case Designated ECF. (tve) (Entered: 04/17/2008)

04/15/2008 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Landmen Partners, Inc.(Individually), Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated).(tve) (Entered: 04/17/2008)

04/23/2008 3 1 NOTICE OF APPEARANCE by Bruce Domenick Angiolillo on behalf of The

Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi (Angiolillo, Bruce) (Entered: 04/23/2008)

04/23/2008 4 NOTICE OF APPEARANCE by Jonathan K. Youngwood on behalf of The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi (Youngwood, Jonathan) (Entered: 04/23/2008)

04/24/2008 5 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 7/11/2008 at 10:45 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/24/08) (cd) (Additional attachment(s) added on 4/28/2008: # 1 order) (mde). (Entered: 04/24/2008)

04/25/2008 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney David Avi Rosenfeld for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document 2 Rule 7.1 Corporate Disclosure Statement to: [email protected] . (lb) (Entered: 04/25/2008)

05/13/2008

05/16/2008

6 ENDORSEMENT ON (UNSIGNED) STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINTS, ENDORSEMENT; The court will not so order this stipulation. The court will conference the case and set its own schedule for all these dates. the schedule will not be nearly as generous as you might wish. Conference is set for June 18, 2008 at 10:30 a.m. (Signed by Judge Colleen McMahon on 5/13/08) (mme) (Entered: 05/16/2008)

Set/Reset Hearings: Status Conference set for 6/18/2008 at 10:30 AM before Judge Colleen McMahon. (mme) (Entered: 05/28/2008)

06/16/2008 7 MOTION to Appoint Counsel., MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s)., MOTION to Consolidate Cases 08-cv-3838, 08-cv-4064, 08-cv-4110. Document filed by The Jakeman Group. (Attachments: # 1 Text of Proposed Order)(D'Agnenica, Jason) (Entered: 06/16/2008)

06/16/2008 8 MEMORANDUM OF LAW in Support re: 7 MOTION to Appoint Counsel. MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-3838, 08-cv-4064, 08-cv-4110. MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s).. Document filed by The Jakeman Group. (D'Agnenica, Jason) (Entered: 06/16/2008)

06/16/2008 9 DECLARATION of Jason D'Agnenica in Support re: 7 MOTION to Appoint Counsel. MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-3838, 08-cv-4064, 08-cv-4110. MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s).. Document filed by The Jakeman Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(D'Agnenica, Jason) (Entered: 06/16/2008)

06/16/2008 10 CERTIFICATE OF SERVICE. Document filed by The Jakeman Group. (D'Agnenica, Jason) (Entered: 06/16/2008)

06/16/2008 11 MOTION to Appoint Martin Litwin to serve as lead plaintiff(s) , for Approval of Selection of Lead Counsel and Consolidation of Related Actions . Document filed by Martin Litwin.(Rosenfeld, David) (Entered: 06/16/2008)

06/16/2008 12 MEMORANDUM OF LAW in Support re: 11 MOTION to Appoint Martin Litwin to serve as lead plaintiff(s) , for Approval of Selection of Lead Counsel and Consolidation of Related Actions .. Document filed by Martin Litwin. (Rosenfeld, David) (Entered: 06/16/2008)

06/16/2008 13 AFFIDAVIT of David A. Rosenfeld in Support re: 11 MOTION to Appoint Martin Litwin to serve as lead plaintiff(s) , for Approval of Selection of Lead Counsel and Consolidation of Related Actions .. Document filed by Martin Litwin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rosenfeld, David) (Entered: 06/16/2008)

06/16/2008 14 MOTION to Consolidate Cases 08-cv-3838, 08-cv-4110, 08-cv-4064 , and 08-cv- 3601 ., MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s)., MOTION to Appoint Counsel Brower Piven . Document filed by BX Investor Group.(Brower, David) (Entered: 06/16/2008)

06/16/2008

06/16/2008

15 MEMORANDUM OF LAW in Support re: 14 MOTION to Consolidate Cases 08-cv-3838, 08-cv-4110, 08-cv-4064 , and 08-cv-3601 . MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). MOTION to Appoint Counsel Brower Piven . MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s).. Document filed by BX Investor Group. (Brower, David) (Entered: 06/16/2008)

16 DECLARATION of David A.P. Brower in Support re: 14 MOTION to Consolidate Cases 08-cv-3838, 08-cv-4110, 08-cv-4064 , and 08-cv-3601 . MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). MOTION to Appoint Counsel Brower Piven . MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s).. Document filed by BX Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Brower, David) (Entered: 06/16/2008)

06/19/2008 17 LETTER addressed to Judge Colleen McMahon from Bruce D. Angiolillo dated 6/19/08 re: This letter is submitted on behalf of all parties in attendance at yesterday's status conference to memorialize the schedule set by the Court. Document filed by The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi.(tro) (Entered: 06/19/2008)

06/20/2008 18 MEMORANDUM OF LAW in Opposition re: 14 MOTION to Consolidate Cases 08- cv-3838, 08-cv-4110, 08-cv-4064 , and 08-cv-3601 . MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). MOTION to Appoint Counsel Brower Piven . MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s).. Document filed by Martin Litwin. (Rosenfeld, David) (Entered: 06/20/2008)

06/20/2008

19 AFFIDAVIT of David Rosenfeld in Opposition re: 14 MOTION to Consolidate Cases 08-cv-3838, 08-cv-4110, 08-cv-4064 , and 08-cv-3601 . MOTION to Appoint Francis

Brady and Max Poulter to serve as lead plaintiff(s). MOTION to Appoint Counsel Brower Piven . MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s).. Document filed by Martin Litwin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rosenfeld, David) (Entered: 06/20/2008)

06/23/2008 20 ENDORSED LETTER addressed to Judge Collen McMahon from Mark Levine dated 6/20/2008 re: Counsel respectfully submit this letter to withdraw those movant's application for appointment of lead Plaintiff. ENDORSEMENT: Lead Plaintiff motion withdrawn. (Signed by Judge Colleen McMahon on 6/20/2008) (jfe) (Entered: 06/23/2008)

06/25/2008 21 LETTER addressed to All Counsel In Blackstone IPO Litigations: Counsel:In what I view to be an excess of caution, let me disclose the following:Neither my husband nor I not any member of our family has any financial interest in Blackstone. However, my husband owns a ski condominium in a mixed use hotel/condominium building (I do not disclose the location for security reasons) that is presently owned by some Blackstone-related organization. It is my understanding that Blackstone is presently in negotiations to sell the building to a third party, but no sale has yet taken place. During Blackstones (relatively brief) period of ownership, my husband dealt with its representative in this investment in order to obtain permission to make alterations to the condominium, which he received. Those alterations are presently going forward.I am advised that there is presently a lawsuit pending between certain other condominium owners in the building and Blackstone. My husband is not a party to this lawsuit, and I have not seen a copy of the complaint. However, I understand that it deals with Blackstones alleged failure to make certain promised improvements to the hotel and common areas of the building (not including the owner-occupied condominiums). It could be argued that all the condominium owners would benefit should the litigating owners prevail in this litigation. I do not believe that the foregoing requires me to recuse myself, and I certainly feel no partisanship toward any party to this lawsuit. However, if someone believes otherwise, feel free to make your argument by next Monday at 5 PM, and I will consider it.. (Signed by Judge Colleen McMahon on 6/25/2008). (mde) (Entered: 06/25/2008)

06/26/2008 22 ENDORSED LETTER addressed to Judge Collen McMahon from Ramzi Abadou dated 6/25/2008 re: Counsel writes to ask for the Court's guidance regarding the schedule on this matter. ENDORSEMENT: Amended Complaint due July 9 (sorry - unforeseen complications). (Signed by Judge Colleen McMahon on 6/26/2008) (jfe) (Entered: 06/26/2008)

06/26/2008 23 NOTICE of Service of the BX Investor Group's Response to Competing Lead Plaintiff Motions. Document filed by BX Investor Group. (Attachments: # 1 Exhibit A)(Brower, David) (Entered: 06/26/2008)

07/01/2008 24 ORDER: I have directed the Assignments Clerk to reassign your cases to a new judge. I will forward the lead counsel motion papers and your responses thereto to the new judge as soon as one is assigned. The newly assigned judge will let you know about the rest of the schedule. (Signed by Judge Colleen McMahon on 7/1/08) A Copy of the this Order has been forwarded via inter-office envelope from docketing to the case assignments clerk rm. 120 on 7/1/08. (tro) (Entered: 07/01/2008)

07/11/2008 25 NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Colleen

McMahon is no longer assigned to the case due to judge's recusal. (jeh) (Entered: 07/17/2008)

07/17/2008 26 NOTICE OF CASE REASSIGNMENT to Judge Harold Baer. Judge P. Kevin Castel is no longer assigned to the case due to judge's recusal. (jeh) (Entered: 07/25/2008)

09/15/2008 27 STIPULATION AND ORDER REGARDING APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL: It is hereby stipulated and agreed that Class members Litwin and BX Investor Group are hereby appointed Lead Plaintiff for the Class and their choice of counsel, the law firms of Coughlin Stolia and Brower Piven, is approved as Lead Counsel for the Class. (Signed by Judge Harold Baer on 9/15/2008) (jfe) (Entered: 09/15/2008)

CONSOLIDATED SCHEDULING ORDER: Pursuant to Fed. R. Civ. P. 42(a), the Actions are consolidated for all purposes under Landmen Partners. Inc. v. The Blackstone Group L. P., 08-CV-03601-HB (the "Consolidated Action"); All subsequently filed or transferred cases alleging common questions of law or fact to those alleged in the Consolidated Action shall be consolidated, for all purposes, with the Consolidated Action; All pleadings and papers filed with the Court shall be filed only in the Consolidated Action under No 08-CV-03601-HB; Lead Plaintiff will file a Consolidated Amended Complaint on or before October 20, 2008; Defendants will either answer the Consolidated Amended Complaint or move to dismiss the Consolidated Amended Complaint on or before November 20, 2008; and If any or all of defendants move to dismiss the Consolidated Amended Complaint, Lead Plaintiff will file on or before December 19,2008 papers opposing such motion(s). Defendants will reply to such opposition(s) on or before January 5, 2009. There will be a pretrial conference before the Court on November 6, 2008, at 3:00 pm. Amended Pleadings due by 10/20/2008. Motions due by 11/20/2008. Responses due by 12/19/2008 Replies due by 1/5/2009. Pretrial Conference set for 11/6/2008 at 03:00 PM before Judge Harold Baer. (Signed by Judge Harold Baer on 9/22/08) Filed In Associated Cases: 1:08-cv-03601-HB, 1:08-cv-03838-HB, 1:08-cv-04064-HB, 1:08-cv-04110-HB, 1:08- cv-05447-HB(mme) Modified on 10/7/2008 (mme). (Entered: 09/22/2008)

STIPULATION AND ORDER EXTENDING TIME TO FILE CONSOLIDATED COMPLAINT, MOTION TO DISMISS AND RELATED BRIEFING, lead plaintiffs shall file their Consolidated Complaint by no later than 10/27/08; defendants shall file their motion to dismiss by no later than 1/7/09; and defendants shall file their reply by no later than 1/23/09. ( Motion due by 12/4/2008. Reply due by 1/23/2009. Response due by 1/7/2009. Service due by 10/27/2008.) (Signed by Judge Harold Baer on 10/15/08) (cd) (Entered: 10/20/2008)

09/22/2008

28

10/20/2008

29

10/27/2008 30 CONSOLIDATED AMENDED COMPLAINT amending 1 Complaint, against Peter J. Peterson, Hamilton E. James, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. Document filed by BX Investor Group. Related document: 1 Complaint, filed by Landmen Partners, Inc..(dle) (Entered: 10/28/2008)

11/06/2008 31 PROPOSED PRETRIAL SCHEDULING ORDER: The parties do not consent to proceed before a United States Magistrate for all purposes pursuant to 28 U.S.C. 636 (C) and Fed. R. Civ. P. 73. Estimated number of trial days is 14 days. (Signed by Judge Harold Baer on 11/6/08) (mme) (Entered: 11/06/2008)

12/04/2008 32 NOTICE OF APPEARANCE by Bruce Domenick Angiolillo on behalf of Peter J.

Peterson, Hamilton E. James, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi (Angiolillo, Bruce) (Entered: 12/04/2008)

12/04/2008 33 NOTICE OF APPEARANCE by Jonathan K. Youngwood on behalf of Peter J. Peterson, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi (Youngwood, Jonathan) (Entered: 12/04/2008)

12/04/2008 34 NOTICE OF APPEARANCE by Paul Jacob Sirkis on behalf of Peter J. Peterson, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi (Sirkis, Paul) (Entered: 12/04/2008)

12/04/2008 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint . Document filed by Peter J. Peterson, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi.(Angiolillo, Bruce) (Entered: 12/04/2008)

12/04/2008 36 MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint .. Document filed by Peter J. Peterson, Hamilton E. James, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. (Youngwood, Jonathan) (Entered: 12/04/2008)

12/04/2008

01/12/2009

37 DECLARATION of Jonathan K. Youngwood in Support re: 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint .. Document filed by Peter J. Peterson, Hamilton E. James, The Blackstone Group, L.P., Stephen A. Schwartzman, Michael A. Puglisi. (Attachments: # 1 Exhibit A, # 2 Exhibit B-E)(Youngwood, Jonathan) (Entered: 12/04/2008)

38 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO MOTION TO DISMISS: Lead Plaintiffs shall file their opposition by no later than 1/14/09. Defendants shall file their reply by no later than 2/4/09. ENDORSEMENT: I'm signing this extension I think you're late and please check and let me know- I don't want to go beyond extensions agreed to in previous orders and the week this grants. (Signed by Judge Harold Baer on 1/12/09) (tro) (Entered: 01/12/2009)

01/14/2009 39 MEMORANDUM OF LAW in Opposition re: 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint .. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated), Martin Litwin, BX Investor Group. (Rudman, Samuel) (Entered: 01/14/2009)

02/04/2009

05/27/2009

40 REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint .. Document filed by Peter J. Peterson, Hamilton E. James, The Blackstone Group, L.P., Stephen A. Schwartzman,

- Michael A. Puglisi. (Angiolillo, Bruce) (Entered: 02/04/2009)

41 TRANSCRIPT of proceedings held on 5/5/09 before Judge Harold Baer. (tro) (Entered: 05/29/2009)

09/22/2009 42 OPINION AND ORDER re:#98061 GRANTING 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint. Because plaintiff elected to stand on it pleading rather than to amend it in the face of Defendant's motion to dismiss as allowed by my Individual Practices, Plaintiff's claims are dismissed with prejudice. Nwakocha v. Sadowski, 369 F.Supp.2d 362, 372 (EDNY 2005). The Clerk of the Court is instructed to close this case and any open motions and remove it from my docket. (Signed by Judge Harold Baer on 9/22/09) (djc) Modified on 9/23/2009 (jab).

(Entered: 09/22/2009)

09/22/2009 Transmission to Judgments and Orders Clerk. Transmitted re: 42 Memorandum & Opinion, to the Judgments and Orders Clerk. (djc) (Entered: 09/22/2009)

09/25/2009 43 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated September 22, 2009, Defendants' motion to dismiss the CAC for failure to state a claim is granted with prejudice; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 9/25/09) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:08-cv-03601-HB, 1:08-cv-03838-HB, 1:08-cv-04064-HB, 1:08-cv-04110-HB, 1:08-cv-05447-HB(ml) (Entered: 09/25/2009)

10/23/2009 44 NOTICE OF APPEAL from 42 Memorandum & Opinion,, 43 Clerk's Judgment,. Document filed by Martin Litwin, Max Poulter, Francis Brady. Filing fee $ 455.00, receipt number E 704261. (nd) (Entered: 10/26/2009)

10/26/2009 Transmission of Notice of Appeal to the District Judge re: 44 Notice of Appeal. (nd) (Entered: 10/26/2009)

10/26/2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 44 Notice of Appeal. (nd) (Entered: 10/26/2009)

10/26/2009 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 25 Notice of Case Assignment/Reassignment, 14 MOTION to Consolidate Cases 08-cv-3838, 08-cv-4110, 08-cv-4064 , and 08-cv-3601 . MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). MOTION to Appoint Counsel Brower Piven . MOTION to Appoint Francis Brady and Max Poulter to serve as lead plaintiff(s). filed by BX Investor Group, 34 Notice of Appearance filed by Michael A. Puglisi, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 26 Notice of Case Assignment/Reassignment, 39 Memorandum of Law in Opposition to Motion, filed by BX Investor Group, Martin Litwin, Landmen Partners, Inc., 37 Declaration in Support of Motion, filed by Michael A. Puglisi, Hamilton E. James, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 20 Endorsed Letter, 10 Certificate of Service Other filed by The Jakeman Group, 16 Declaration in Support of Motion,, filed by BX Investor Group, 38 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,, 28 Scheduling Order,,,,,, 11 MOTION to Appoint Martin Litwin to serve as lead plaintiff(s) , for Approval of Selection of Lead Counsel and Consolidation of Related Actions . filed by Martin Litwin, 29 Stipulation and Order, Set Deadlines/Hearings,, 40 Reply Memorandum of Law in Support of Motion, filed by Michael A. Puglisi, Hamilton E. James, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 30 Amended Complaint, filed by BX Investor Group, 33 Notice of Appearance filed by Michael A. Puglisi, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 8 Memorandum of Law in Support of Motion, filed by The Jakeman Group, 9 Declaration in Support of Motion,, filed by The Jakeman Group, 21 Endorsed Letter,,,,,, 27 Stipulation and Order, 24 Order, 13 Affidavit in Support of Motion, filed by Martin Litwin, 15 Memorandum of Law in Support of Motion, filed by BX Investor Group, 23 Notice (Other) filed by BX Investor Group, 36 Memorandum of Law in Support of Motion, filed by Michael A. Puglisi, Hamilton E. James, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 31 Scheduling Order, 7 MOTION to Appoint Counsel. MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu

and Yixtn Tu to serve as lead plaintiff(s). MOTION to Consolidate Cases 08-cv-3838, 08-cv-4064, 08-cv-4110. MOTION to Appoint Roderick Hernandez and Linda Hernandez, David Jakeman, Tsang Tak Keung, and Alice Tu and Yixtn Tu to serve as lead plaintiff(s). filed by The Jakeman Group, 3 Notice of Appearance filed by Michael A. Puglisi, The Blackstone Group, L.P., Stephen A. Schwartzman, 19 Affidavit in Opposition to Motion,, filed by Martin Litwin, 44 Notice of Appeal filed by Martin Litwin, 6 Stipulation and Order, 35 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint . filed by Michael A. Puglisi, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 32 Notice of Appearance filed by Michael A. Puglisi, Hamilton E. James, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman, 42 Memorandum & Opinion,, 18 Memorandum of Law in Opposition to Motion, filed by Martin Litwin, 5 Order for Initial Pretrial Conference, 1 Complaint, filed by Landmen Partners, Inc., 17 Letter, filed by Michael A. Puglisi, The Blackstone Group, L.P., Stephen A. Schwartzman, 22 Endorsed Letter, Set Deadlines,, 12 Memorandum of Law in Support of Motion filed by Martin Litwin, 43 Clerk's Judgment, 4 Notice of Appearance filed by Michael A. Puglisi, The Blackstone Group, L.P., Stephen A. Schwartzman were transmitted to the U.S. Court of Appeals. (nd) (Entered: 10/26/2009)

11/18/2009 USCA Case Number 09-4426-cv from the US Court of Appeals, Second Circuit assigned to 44 Notice of Appeal filed by Martin Litwin. (nd) (Entered: 11/18/2009)

01/12/2010 45 NOTICE OF CHANGE OF ADDRESS by Jeffrey A. Berens on behalf of Timothy McAdam. New Address: DYER & BERENS LLP, 303 East 17th Avenue, Suite 300, Denver, CO, 80203,. Filed In Associated Cases: 1:08-cv-03601-HB, 1:08-cv-03838- HB(Berens, Jeffrey) (Entered: 01/12/2010)

03/26/2010 46 NOTICE of Change of Firm Name. Document filed by Landmen Partners, Inc.(Individually). (Rosenfeld, David) (Entered: 03/26/2010)

02/10/2011 47 TRUE COPY ORDER of USCA as to 44 Notice of Appeal filed by Martin Litwin USCA Case Number 09-4426-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/10/2011. (nd) (Entered: 02/10/2011)

02/10/2011 Transmission of USCA Mandate/Order to the District Judge re: 47 USCA Order,. (nd) (Entered: 02/10/2011)

04/11/2011 48 MANDATE of USCA (Certified Copy) as to 44 Notice of Appeal filed by Martin Litwin USCA Case Number 09-4426-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and REMANDED for further proceedings in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/08/2011. (Attachments: # 1 Opinion)(nd) (Main Document 48 replaced on 4/11/2011) (nd). (Entered: 04/11/2011)

04/11/2011 Transmission of USCA Mandate/Order to the District Judge re: 48 USCA Mandate,. I (nd) (Entered: 04/11/2011)

04/20/2011 49 Letter addressed to David Rosenfeld from Linda Eckhouse, Judicial Assistant to the Honorable Harold Baer, Jr. dated 4/20/2011 re: There will be a Pre-Trial Conference (PTC) on the above case at 2:00 p.m. on Thursday 5/5/2011 in chambers, Room 2230.

It is your responsibility to notify your adversary (ies) of the date and time with a copy to us. (mbe) (Entered: 04/21/2011)

04/26/2011 50 ENDORSED LETTER addressed to Judge Harold Baer, Jr. from David A.P. Brower dated 4/22/11 Re: We write to inform the Court of a scheduling conflict that plaintiffs' counsel has with the pretrial conference that we learned of yesterday, April 21, 2011, which is currently scheduled for Thursday, May 5, 2011, at 2:00 p.m. ENDORSEMENT: Adjourned to May 24, 2011 at 10:30 A.M. in my Jury Room if more than 10 people otherwise in Chambers. (Pretrial Conference set for 5/24/2011 at 10:30 AM before Judge Harold Baer.) (Signed by Judge Harold Baer on 4/25/2011) (rjm) (Entered: 04/26/2011)

06/13/2011 51 ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Bruce Angiolillo dated 6/10/2011 re: Counsel for the Defendant writes to request an adjournment of the pretrial conference, currently scheduled for 6/14/2011. ENDORSEMENT: I'm not here on Friday, June 17 - let's make it same time, i.e., noon on Monday, June 20 or later this week I'll calendar for Monday unless I hear from you with another earlier time. (Pretrial Conference set for 6/20/2011 at 12:00 PM before Judge Harold Baer.) (Signed by Judge Harold Baer on 6/13/2011) (ab) (Entered: 06/13/2011)

06/20/2011 Minute Entry for proceedings held before Judge Harold Baer: In Chambers Conference held on 6/20/2011. Associated Cases: 1:08-cv-03601-HB, 1:08-cv-03838- HB, 1:08-cv-04064-HB, 1:08-cv-04110-HB, 1:08-cv-05447-HB (ft) (Entered: 06/21/2011)

06/23/2011 52 NOTICE OF APPEARANCE by Joseph Frank Russello on behalf of Martin Litwin (Russello, Joseph) (Entered: 06/23/2011)

07/05/2011 53 PRETRIAL SCHEDULING ORDER: Parties do not consent to proceed before a United States Magistrate for all purposes, pursuant to 28 U.S.C. section 636(c) and Fed. R.Civ.P.73. This case is added to the November 2012 Trailing Trial Calendar. Jury. Estimated number of trial days is fourteen. No additional causes of action or defenses may be asserted after December 1, 2011; Joinder of Parties due by 12/1/2011. No additional causes of action or defenses may be asserted after December 1, 2011. All Discovery except for expert due by 3/1/2012. Motions: The last day for fully-briefed motions (i.e. moving, opposition and reply papers) to be in Chambers is September 7, 2012. Either party may request (and will be given a date by Chambers) for oral argument. It is up to the parties, consistent with Federal and/or Local Rules, to ensure that each has sufficient time to brief their motions by the deadline. ENDORSEMENT: This Pretrial Scheduling Order is accepted, but you are directed to notify this Court within 10 days following a decision on the petition for Certiorai and set up another pretrial conference within 10 days thereafter. (Signed by Judge Harold Baer on 7/5/11) (djc) Modified on 7/5/2011 (djc). Modified on 7/6/2011 (djc). (Entered: 07/05/2011)

07/05/2011 Set Deadlines/Hearings: Amended Pleadings due by 12/1/2011. Motions due by 9/7/2012. Replies due by 9/7/2011. Responses due by 9/7/2011 (djc) (Entered: 07/05/2011)

08/05/2011 54 ANSWER to 30 Amended Complaint, with JURY DEMAND. Document filed by Hamilton E. James, Peter J. Peterson, Michael A. Puglisi, Stephen A. Schwartzman, The Blackstone Group, L.P..(Angiolillo, Bruce) (Entered: 08/05/2011)

09/07/2011

10/20/2011

10/20/2011

01/19/2012

01/24/2012

01/24/2012

01/24/2012

55 ENDORSED LETTER addressed to Judge Harold Baer, Jr. from David A.P. Brower and Bruce Domenick Angiolillo dated 9/6/2011 re: Counsel for lead plaintiffs and defendants write to inform the Court that the parties are not in a position to determine as yet whether there are any disputes between them with respect to disclosure and discovery of electronically stored information or privilege issues related to that information. ENDORSEMENT: Seems fair- let's talk and put together some dates after the Supreme Court acts on the petition- call Chambers when that happens and we will fix a date for a conference. (Signed by Judge Harold Baer on 9/7/2011) (tro) (Entered: 09/07/2011)

56 PRETRIAL SCHEDULING ORDER: The parties do not consent to proceed before a United States Magistrate for all purposes. This case is added to the January 2013 Trailing Trial Calendar. This is a jury trial. Joinder of Parties due by 2/1/2012. Amended Pleadings due by 2/1/2012. Discovery due by 5/1/2012. Motions due by 11/7/2012. Responses due by 11/7/2011. Replies due by 11/7/2011. Deposition due by 8/7/2012. The law clerk assigned to this case is Eric. (Signed by Judge Harold Baer on 10/20/2011) (ft) (Entered: 10/20/2011)

Minute Entry for proceedings held before Judge Harold Baer: Initial Pretrial Conference held on 10/20/2011. (ft) (Entered: 10/21/2011)

57 NOTICE OF APPEARANCE by Edward Y. Kroub on behalf of Martin Litwin, Max Poulter, Francis Brady (Kroub, Edward) (Entered: 01/19/2012)

58 NOTICE OF APPEARANCE by Jason Michael Husgen on behalf of BX Investor Group, Francis Brady, Max Poulter (Husgen, Jason) (Entered: 01/24/2012)

59 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - JOINT MOTION for Protective Order per Accompanying Stipulation Between the Parties. Document filed by BX Investor Group, Francis Brady, Hamilton E. James, Martin Litwin, Peter J. Peterson, Max Poulter, Michael A. Puglisi, Stephen A. Schwartzman, The Blackstone Group, L.P..(Husgen, Jason) Modified on 1/25/2012 (ldi). (Entered: 01/24/2012)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jason Michael Husgen to E-MAIL Document No. 59 Stipulation and Order to [email protected] . This document is not filed via ECF. (ldi) (Entered: 01/25/2012)

01/26/2012 60 STIPULATED AND ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Harold Baer on 1/26/2012) (cd) (Entered: 01/26/2012)

03/19/2012 Minute Entry for proceedings held before Judge Harold Baer: Telephone Conference held on 3/19/2012. (js) (Entered: 03/21/2012)

04/11/2012 61 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. ESI Discovery. Referred to Magistrate Judge Frank Maas. (Signed by Judge Harold Baer on 4/10/2012) (pl) (Entered: 04/11/2012)

04/11/2012 62, ORDER: This Order resolves discovery disputes presented to the Court by letters of February 24, 2012 and March 2, 2012 in the manner that is set forth in this Order.

(Signed by Judge Harold Baer on 4/10/2012) (pl) (Entered: 04/11/2012)

04/20/2012 63 NOTICE OF APPEARANCE by Daniel Joseph Stujenske on behalf of Hamilton E. James, Peter J. Peterson, Michael A. Puglisi, Stephen A. Schwartzman, The Blackstone Group, L.P. (Stujenske, Daniel) (Entered: 04/20/2012)

04/30/2012 64 SCHEDULING ORDER: Accordingly, the Court will hold a telephone conference on May 3, 2012, at 5 p.m., to address those issues. Plaintiffs' counsel should initiate that call, contacting Chambers at (212) 805-6727.If this date and time are not suitable, counsel should place a conference call to Chambers before May 3 to select another mutually-convenient date and time. Telephone Conference set for 5/3/2012 at 05:00 PM before Magistrate Judge Frank Maas. Copies to all counsel via ECF (Signed by Magistrate Judge Frank Maas on 4/18/2012) (js) (Entered: 04/30/2012)

05/03/2012 65 ORDER: Status Conference set for 5/10/2012 at 06:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas. Counsel for the Defendants should submit a marginal hit list report and a list of non-noise words by the close of business on May 9,2012. (Signed by Magistrate Judge Frank Maas on 5/3/2012) Copies Mailed By Chambers. (cd) (Entered: 05/04/2012)

05/03/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 5/3/2012. (rjm) (Entered: 05/07/2012)

05/10/2012 66 ENDORSED LETTER addressed to Judge Harold Baer Jr. from Bruce D. Angiolillo dated 5/9/12 re: Counsel writes on behalf of the defendants in response to lead plaintiffs 5/8/12 letter, which, under the guise of requesting clarification from the Court regarding the scope of Magistrate Judge Maas' authority regarding pending discovery disputes, is a brief. Endorsement: The Honorable Frank Maas: Since you have kindly begun the resolution of one discovery dispute which appears as is often the case to have blossomed and because it appears that there has been too little movement on this front and because there is a need for some time limits as well as because of your vast knowledge in both discovery disputes generally and ESI disputes in particular this is my authority for you to resolve all discovery disputes and as well notice to the parties to come versed in all such disputes to the conference this evening so that Judge Maas will have all or most all he needs to decide any open issue. (Signed by Judge Harold Baer on 5/10/2012) (mro) (Entered: 05/10/2012)

05/10/2012 67 ORDER:Pursuant to the conference held earlier today, it is hereby ORDERED that: 1. The parties shall comply with the discovery rulings during the conference. 2. A further conference shall be held on May 29, 2012, at 5 p.m., in Courtroom 6A (Signed by Magistrate Judge Frank Maas on 5/10/2012) (js) (Entered: 05/11/2012)

05/10/2012 68 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 5/10/2012. (cd) (Entered: 05/14/2012)

05/21/2012 69 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Daniel I. Wolf dated 5/21/2012 re: We represent Plaintiffs in the above captioned action, and respectfully write to request a one day extension of the deadline to file Plaintiffs' letter to the Court, as ordered in the Court's Order of May 10, 2012. At present, pursuant to the Order, Plaintiffs' letter must be filed with the Court on May 21, 2012. Plaintiffs request a one day extension of this deadline and permission to file their letter on May 22, 2012. Defendants do not oppose this brief extension. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 5/21/2012) (djc)

(Entered: 05/22/2012)

05/29/2012

05/29/2012

70 ORDER. It is hereby ORDERED that 1. By 5:00 p.m. on June 1, 2012, counsel for the Plaintiffs shall provide further revised search terms to the Defendants' counsel. 2. A telephone conference shall be held on June 6, 2012, at 10:00 a.m. Counsel for the Plaintiffs should initiate that conference by calling Chambers at (212) 805-6727. (Telephone Conference set for 6/6/2012 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 5/29/2012) Copies Sent By Chambers. (rjm) (Entered: 05/30/2012)

Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing/Conference held on 5/29/2012. (cd) (Entered: 05/31/2012)

06/01/2012 71 TRANSCRIPT of Proceedings re: court conference held on 5/10/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) 420- 0771. 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 6/25/2012. Redacted Transcript Deadline set for 7/5/2012. Release of Transcript Restriction set for 9/4/2012.(laq) (Entered: 06/11/2012)

06/01/2012

06/01/2012

06/01/2012

72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a court cpnference proceeding held on 5/10/2012 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...(laq) (Entered: 06/11/2012)

73 TRANSCRIPT of Proceedings re: court conference held on 5/29/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) 420- 0771. 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 6/25/2012. Redacted Transcript Deadline set for 7/5/2012. Release of Transcript Restriction set for 9/4/2012.(laq) (Entered: 06/11/2012)

74 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a court conference proceeding held on 5/29/2012 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...(laq) (Entered: 06/11/2012)

06/19/2012

75

ORDER: Pursuant to the telephone conference held earlier today, it is hereby ORDERED that: 1. The parties shall comply with the discovery rulings during the conference. 2. A further telephone conference shall be held on June 26, 2012, at 4 p.m. Plaintiff's counsel should initiate that conference by calling Chambers at (212) 805- 6727. In addition, counsel should submit a proposed revised discovery schedule in advance of that conference., ( Telephone Conference set for 6/26/2012 at 04:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on

6/13/2012) Copies Sent By Chambers. (lmb) (Entered: 06/19/2012)

06/26/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 6/26/2012. (cd) (Entered: 08/03/2012)

06/27/2012 76 ORDER: By August 6, 2012, Defendants' counsel shall submit a letter summarizing the schedule on which document discovery was provided and represent whether its production is substantially complete. A further telephone conference shall be held on August 8, 2012, at 5 p.m. Plaintiffs counsel should initiate that conference by calling Chambers at (212) 805-6727. ( Telephone Conference set for 8/8/2012 at 05:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/26/2012) Copies Sent By Chambers. (jfe) (Entered: 06/27/2012)

07/23/2012 77 NOTICE OF APPEARANCE by David A.P. Brower on behalf of Francis Brady, Martin Litwin, Max Poulter (Brower, David) (Entered: 07/23/2012)

08/08/2012 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 8/8/2012. (js) (Entered: 08/16/2012)

08/15/2012

08/20/2012

78 ENDORSED LETTER: addressed to Judge Harold Baer from Joseph Russello dated 8/14/2012 re: Co-lead counsel write to respectfully request that the Court modify its October 20, 2011 Pretrial Scheduling Order ("PSO"), consistent with the proposal below. Defendants have advised us that they consent to the schedule proposed herein, and would consent to any further revised schedule, on the condition that any such schedule provides 60 days for the Court to consider summary judgment motions prior to trial. As explained below, the parties were under the However, on August 9, 2012, Judge Maas convened an emergency conference with the parties, during which he advised for the flrst time that there waa misunderstanding and that the Coun would not, in fact, consider scheduling a trial in June 2013. As a result, Judge Maas indicated that he could not consider a request to modifY the PSO. It was clear to Plaintiffs' counsel that this development had come as a surprise to Judge Maas, just as it had to the parties. ENDORSEMENT: I am and continue to be of the mind that discovery where necessary and despite representation from parties (like you) can be extended up to a week or two before trial. That cannot change the fully briefed motion schedule. In your case you took months getting your act together with respect to discovery-months before you even asked for help and that's discounting the discovery available and never sought before the initial motion-Further as I explained, my TIC [Trailing Trial Calendar is now full thru July. Other lawyers have requests too. I'll be glad to call you if you prefer when and if I have 14 free days-you decide. TIC [Telephone Conference] Monday, 8/20 at 11 AM. (Signed by Judge Harold Baer on 8/15/2012) (js) (Entered: 08/15/2012)

Minute Entry for proceedings held before Judge Harold Baer: Telephone Conference held on 8/20/2012. (ja) (Entered: 08/23/2012)

09/10/2012 79 TRANSCRIPT of Proceedings re: phone confernce held on 8/8/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Pamela Utter, (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 10/4/2012. Redacted Transcript Deadline set for 10/15/2012. Release of Transcript Restriction set for 12/13/2012.Filed In Associated Cases: 1:08-cv-03601-HB-FM, 1:08-cv-03838-

HB, 1:08-cv-04064-HB, 1:08-cv-04110-HB, 1:08-cv-05447-HB(McGuirk, Kelly) (Entered: 09/10/2012)

09/10/2012 80 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a PHONE CONFERNCE proceeding held on 8/8/12 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...Filed In Associated Cases: 1:08-cv-03601-HB-FM, 1:08-cv-03838-HB, 1:08-cv-04064-HB, 1:08-cv-04110-HB, 1:08-cv-05447-HB(McGuirk, Kelly) (Entered: 09/10/2012)

10/10/2012 81 SCHEDULING ORDER: 1. This case is added to the September 2013 Trailing Trial Calendar. 2. Fact discovery shall be completed by March 1, 2013. 3. Expert discovery shall be completed by April 26, 2013. 4. The last day for fully-briefs motions to be in Chambers is June 21, 2013. Motions due by 6/21/2013. Fact Discovery due by 3/1/2013. Expert Discovery due by 4/26/2013. (Signed by Judge Harold Baer on 10/10/2012) (ago) (Entered: 10/10/2012)

10/22/2012

82 MOTION to Certify Class. Document filed by Francis Brady, Martin Litwin. (Attachments: # 1 Exhibit A)(Russello, Joseph) (Entered: 10/22/2012)

10/22/2012

83 MEMORANDUM OF LAW in Support re: 82 MOTION to Certify Class.. Document filed by Francis Brady, Martin Litwin. (Russello, Joseph) (Entered: 10/22/2012)

10/22/2012 84 DECLARATION of Joseph Russello in Support re: 82 MOTION to Certify Class.. Document filed by Francis Brady, Martin Litwin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Russello, Joseph) (Entered: 10/22/2012)

12/05/2012

12/05/2012

01/08/2013

01/09/2013

85 NOTICE OF CHANGE OF ADDRESS by David A.P. Brower on behalf of Francis Brady. New Address: Brower Piven, A Professional Corporation, 475 Park Avenue South, 33rd Floor, New York, NY, USA 10016, (212)501-9000. (Brower, David) (Entered: 12/05/2012)

86 NOTICE OF APPEARANCE by Erin Whitney Boardman on behalf of Francis Brady, Martin Litwin (Boardman, Erin) (Entered: 12/05/2012)

87 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery dispute, plaintiff's letter of 1/4/2013. Referred to Magistrate Judge Frank Maas. (Signed by Judge Harold Baer on 1/8/2013) (cd) (Entered: 01/08/2013)

88 ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Joseph Russello dated 1/4/2013 re: We respectfully request that the Court schedule a pre-motion conference, or, in the alternative, authorize the filing of plaintiffs' anticipated motion to compel. ENDORSEMENT: I am available to address this issue on 1/14/2013 at 2:00 p.m. in Courtroom 20A. If this date/time are not feasible, counsel should place a conference call to my Chambers to select another date/time. (Pre-Motion Conference set for 1/14/2013 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 1/9/2013) Copies Sent By Chambers to counsel via ECF, Mr. Musoff via Fax, Mr. Kasner via Fax. (rjm) Modified on 1/10/2013 (rjm). (Entered: 01/10/2013)

01/15/2013

01/18/2013

Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing/Conference held on 1/15/2013. (cd) (Entered: 01/16/2013)

89 ORDER PURSUANT TO FED. R. EVID.502(d): IT IS HEREBY ORDERED, pursuant to Federal Rule of Evidence 502(d), that the production of any documents by a party or witness in this proceeding shall not, for purposes of this proceeding or any other proceeding in any other court, constitute a waiver of any attorney-client privilege or attorney work product protection applicable to those documents. (Signed by Magistrate Judge Frank Maas on 1/18/2013) Copies Sent By Chambers. (ago) (Entered: 01/18/2013)

02/01/2013 90 STIPULATED ORDER OF WITHDRAWAL OF NAMED PLAINTIFF: Pursuant to Rule 21 of the Federal Rules of Civil Procedure, and subject to Court approval, the undersigned parties to this action hereby stipulate and agree to the withdrawal of Max Poulter as a named plaintiff in this action each side to bear its own costs, including attorneys' fees., Max Poulter terminated. (Signed by Judge Harold Baer on 1/31/2013) (lmb) (Entered: 02/01/2013)

02/05/2013

02/05/2013

02/28/2013

02/28/2013

91 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/15/2013 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Steven Greenblum, (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 3/1/2013. Redacted Transcript Deadline set for 3/11/2013. Release of Transcript Restriction set for 5/9/2013.Filed In Associated Cases: 1:08-cv-03601-HB-FM, 1:08- cv-03838-HB, 1:08-cv-04064-HB, 1:08-cv-04110-HB, 1:08-cv-05447-HB(Rodriguez, Somari) (Entered: 02/05/2013)

92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/15/13 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...Filed In Associated Cases: 1:08-cv-03601-HB-FM, 1:08-cv-03838-HB, 1:08-cv-04064-HB, 1:08-cv-04110-HB, 1:08-cv-05447-HB(Rodriguez, Somari) (Entered: 02/05/2013)

93 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jonah H. Goldstein to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8277729. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Francis Brady, Martin Litwin. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Goldstein, Jonah) Modified on 2/28/2013 (bcu). (Entered: 02/28/2013)

94 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert R. Henssler, Jr. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208- 8277918. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Francis Brady, Martin Litwin. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Henssler, Robert) Modified on 2/28/2013 (bcu). (Entered: 02/28/2013)

02/28/2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC

VICE. Notice regarding Document No. 94 MOTION for Robert R. Henssler, Jr. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8277918. Motion and supporting papers to be reviewed by Clerk's Office staff., 93 MOTION for Jonah H. Goldstein to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8277729. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificates of Good Standing must be issued by the State Court of California.. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) (Entered: 02/28/2013)

03/05/2013 95 AMENDED MOTION for Jonah H. Goldstein to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Francis Brady, Martin Litwin. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Goldstein, Jonah) (Entered: 03/05/2013)

03/05/2013 96 AMENDED MOTION for Robert R. Henssler, Jr. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Francis Brady, Martin Litwin. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Henssler, Robert) (Entered: 03/05/2013)

03/05/2013

03/06/2013 97

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 95 AMENDED MOTION for Jonah H. Goldstein to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., 96 AMENDED MOTION for Robert R. Henssler, Jr. to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 03/05/2013)

STIPULATION AND ORDER: Fact Discovery due by 3/29/2013. Disclosure of Plaintiffs' Expert Reports due by 4/8/2013. Disclosure of Defendants' Expert Reports due by 4/16/2013. Expert Depositions due by 5/10/2013. Summary Judgment opening briefs due by 5/17/2013. Responses due by 6/11/2013, Replies due by 6/21/2013. Fully Briefed Motions to be in Chambers by 6/21/2013. Trial by September 2013. Additionally, subject to Court approval the undersigned parties to this action hereby stipulate and agree that Plaintiffs may conduct fifteen depositions (excluding depositions of experts). (Signed by Judge Harold Baer on 3/5/2013) (tro) Modified on 3/6/2013 (tro). (Entered: 03/06/2013)

03/07/2013 98 NOTICE OF APPEARANCE by Susannah Sidney Geltman on behalf of Hamilton E. James, Peter J. Peterson, Michael A. Puglisi, Stephen A. Schwartzman, The Blackstone Group, L.P. (Geltman, Susannah) (Entered: 03/07/2013)

03/07/2013 99 NOTICE OF APPEARANCE by William John Geddish on behalf of Francis Brady, Martin Litwin (Geddish, William) (Entered: 03/07/2013)

03/07/2013 100 NOTICE OF APPEARANCE by Christopher Thomas Gilroy on behalf of Francis Brady, Martin Litwin (Gilroy, Christopher) (Entered: 03/07/2013)

05/14/2013 101 ORDER FOR ADMISSION PRO HAC VICE: granting 96 Motion for Robert R. Henssler, Jr. to Appear Pro Hac Vice. ENDORSEMENT: Application for Pro Hac Vice Granted. The Clerk is directed to close this motion. SO ORDERED.(Signed by Judge Harold Baer on 5/13/2013) (ama) (Entered: 05/14/2013)

05/14/2013 102 ORDER FOR ADMISSION PRO HAC VICE: granting 95 Motion for Jonah H. Goldstein to Appear Pro Hac Vice. ENDORSEMENT: Application for Pro Hac Vice Granted. The Clerk is instructed to close this motion. SO ORDERED.(Signed by Judge Harold Baer on 5/13/2013) (ama) (Entered: 05/14/2013)

05/15/2013 103 ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Bruce Angiolillo dated 5/14/2013 re: We write on behalf of all parties to respectfully request permission to file memoranda of law up to the following page limitations. ENDORSEMENT: DENIED. SO ORDERED. (Signed by Judge Harold Baer on 5/15/2013) (ama) (Entered: 05/15/2013)

05/17/2013 104 MOTION for Summary Judgment. Document filed by Hamilton E. James, Peter J. Peterson, Michael A. Puglisi, Stephen A. Schwartzman, The Blackstone Group, L.P..(Angiolillo, Bruce) (Entered: 05/17/2013)

05/17/2013 105 SEALED DOCUMENT placed in vault.(nm) (Entered: 05/20/2013)

05/28/2013 106 SEALED DOCUMENT placed in vault.(mps) (Entered: 05/28/2013)

06/11/2013 107 MOTION to Preclude. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated), Landmen Partners, Inc.(Individually).(Brower, David) (Entered: 06/11/2013)

06/11/2013 108 DECLARATION of David A.P. Brower in Support re: 107 MOTION to Preclude.. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated), Landmen Partners, Inc.(Individually). (Brower, David) (Entered: 06/11/2013)

06/11/2013 109 MEMORANDUM OF LAW in Support re: 107 MOTION to Preclude. Expert . Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated), Landmen Partners, Inc.(Individually). (Brower, David) (Entered: 06/11/2013)

06/11/2013 110 MOTION to Preclude. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated), Landmen Partners, Inc.(Individually).(Brower, David) (Entered: 06/11/2013)

06/11/2013 111 DECLARATION of David A.P. Brower in Support re: 110 MOTION to Preclude.. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated), Landmen Partners, Inc.(Individually). (Brower, David) (Entered: 06/11/2013)

06/11/2013 112 MEMORANDUM OF LAW in Support re: 110 MOTION to Preclude. Expert . Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated), Landmen Partners, Inc.(Individually). (Brower, David) (Entered: 06/11/2013)

06/12/2013 113 MEMORANDUM OF LAW in Opposition re: 104 MOTION for Summary Judgment.. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated). (Rudman, Samuel) (Entered: 06/12/2013)

06/12/2013 114 AFFIDAVIT of Joseph Russello in Opposition re: 104 MOTION for Summary Judgment.. Document filed by Landmen Partners, Inc.(Individually). (Rudman, Samuel) (Entered: 06/12/2013)

06/12/2013 115 RESPONSE in Opposition re: 104 MOTION for Summary Judgment. Objections and Responses to Defendants Corrected Statement of Undisputed Material Facts . Document filed by Landmen Partners, Inc.(Individually). (Rudman, Samuel) (Entered: 06/12/2013)

06/12/2013 116 RESPONSE to Motion re: 104 MOTION for Summary Judgment. Plaintiffs Fed. R. Civ. P. 56(C)(2) Objection to Certain Evidence Offered by Defendants . Document filed by Landmen Partners, Inc.(Individually). (Rudman, Samuel) (Entered: 06/12/2013)




06/26/2013 120 NOTICE OF APPEARANCE by Michael Joseph Dowd on behalf of Francis Brady, Martin Litwin. (Dowd, Michael) (Entered: 06/26/2013)

06/27/2013

06/29/2013

06/30/2013

121 STIPULATION AND ORDER: Subject to Court approval, the undersigned parties to this action hereby stipulate and agree that the deadline for filing of Defendant's oppositions to Plaintiffs' Motion to Exclude the Expert Testimony of Guhan Subramanian and Plaintiffs' Motion to Exclude the Expert Testimony of Raymond Bali is extended from June 28, 2013 to July 8, 2013. SO ORDERED. ( Motions due by 7/8/2013., Responses due by 7/8/2013) (Signed by Judge Harold Baer on 6/27/2013) (ama) (Entered: 06/27/2013)

Minute Entry for proceedings held before Judge Harold Baer: Settlement Conference held on 6/29/2013. (djc) (Entered: 09/06/2013)

Minute Entry for proceedings held before Magistrate Judge Frank Maas: Settlement Conference held on 6/30/2013. (djc) (Entered: 09/06/2013)


07/15/2013 123 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery. (Signed by Judge Harold Baer on 7/15/2013) (mt) (Entered: 07/15/2013)

07/16/2013 124 ORDER: By order dated July 15, 2013, Judge Baer has referred a discovery dispute concerning the Plaintiffs' Daubert motions to me. I am mindful that the Plaintiffs' reply papers concerning those motions are due July 18 (although I was unable to find a docket entry so indicating). As in the past, Judge Baer has asked me to resolve this dispute, if possible, in a manner that does not jeopardize the September trial date. I have read the parties' letters and have a general understanding of the dispute, but believe it would be helpful to review the original Ball and Subramanian reports before meeting with counsel. If those reports are voluminous, the summary of their findings sections will suffice. Counsel for the Defendants is directed to have those materials delivered to my Chambers by noon tomorrow. My schedule over the next few weeks is very full, but I could meet with counsel to discuss the issues raised by their letters at 8:30 a.m. on Friday, July 19, 2013. If that date and time are not feasible, I would ask that counsel place a conference call to my chambers by the close of business tomorrow, July 17, to find another mutually acceptable time to meet. Plaintiffs'

07/16/2013

07/16/2013

counsel need not submit their reply papers until I have had an opportunity to rule. (Signed by Magistrate Judge Frank Maas on 7/16/2013) Copies Sent By Chambers to Honorable Harold Baer; and Copies Sent by Chambers By Fax (djc) Modified on 7/17/2013 (djc). (Entered: 07/17/2013)

Set/Reset Hearings: Status Conference set for 7/19/2013 at 08:30 AM before Magistrate Judge Frank Maas. (djc) (Entered: 07/18/2013)

Set/Reset Deadlines: Replies due by 7/18/2013. (djc) (Entered: 07/18/2013)

07/19/2013 125 NOTICE of Hearing: 7/19/2013 Status Conference reset for 7/30/2013 at 08:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas. Please note that this is a change from the previously rescheduled date of July 29, 2013, at 8:30 a.m. Copies sent by Chambers by ECF.(cd) (Entered: 07/22/2013)

07/30/2013 126 NOTICE OF APPEARANCE by Brian C. Kerr on behalf of Francis Brady, Martin Litwin. (Kerr, Brian) (Entered: 07/30/2013)

07/30/2013 Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 7/30/2013. (Chambers, Richalyn) (Entered: 07/30/2013)

07/30/2013 127 ORDER: Pursuant to the conference held earlier today, it is hereby ORDERED that the parties shall comply with rulings made during the conference. (Signed by Magistrate Judge Frank Maas on 7/30/2013) Copies Sent By Chambers to Hon. Harold Baer, Jr., United States District Judge. (djc) (Entered: 07/31/2013)

08/06/2013 128 ORDER: I have read the various emails from and among counsel concerning deposition scheduling. I will hold a telephone conference Thursday at 11 a.m., which, I understand, is a date and time that both sides are available. In the interim, however, I will direct that the deposition of Professor Hubbard be taken on August 7. ( Deposition due by 8/7/2013.) (Signed by Magistrate Judge Frank Maas on 8/6/2013) Copies Sent By Chambers to Honorable Harold Baer (djc) Modified on 8/6/2013 (djc). (Entered: 08/06/2013)

08/07/2013 129 MOTION in Limine To Exclude The Expert Testimony of Raymond Ball . Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated).(Brower, David) (Entered: 08/07/2013)

08/07/2013 130 DECLARATION of David A.P. Brower in Support re: 129 MOTION in Limine To Exclude The Expert Testimony of Raymond Ball .. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated). (Brower, David) (Entered: 08/07/2013)

08/07/2013 131 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - (SEE DOCUMENT #136) - MOTION in Limine to Preclude Defendants from Asserting a Defense at Trial Based on Advice of Counsel . Document filed by Francis Brady, Martin Litwin.(Russello, Joseph) Modified on 8/9/2013 (lb). (Entered: 08/07/2013)

08/07/2013 132 MEMORANDUM OF LAW in Support re: 129 MOTION in Limine To Exclude The Expert Testimony of Raymond Ball .. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated). (Brower, David) (Entered: 08/07/2013)

08/07/2013 133 MOTION in Limine To Exclude The Expert Testimony of Guhan Subramanian . Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated).(Brower, David) (Entered: 08/07/2013)

08/07/2013 134 DECLARATION of David A.P. Brower in Support re: 133 MOTION in Limine To Exclude The Expert Testimony of Guhan Subramanian .. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated). (Brower, David) (Entered: 08/07/2013)

08/07/2013 135 MEMORANDUM OF LAW in Support re: 133 MOTION in Limine To Exclude The Expert Testimony of Guhan Subramanian .. Document filed by Landmen Partners, Inc.(and On Behalf of All Others Similarly Situated). (Brower, David) (Entered: 08/07/2013)

08/07/2013 136 MOTION in Limine to Preclude Defendants from Asserting a Defense at Trial Based on the Advice of Counsel . Document filed by Francis Brady, Martin Litwin.(Russello, Joseph) (Entered: 08/07/2013)

08/07/2013 137 MOTION in Limine to Exclude Character Evidence . Document filed by Francis Brady, Martin Litwin.(Russello, Joseph) (Entered: 08/07/2013)

08/07/2013 138 MOTION in Limine to Exclude Evidence of Chinh Chu's Potential Grant of IPO-related Benefits to His Family . Document filed by Francis Brady, Martin Litwin.(Russello, Joseph) (Entered: 08/07/2013)

08/07/2013 139 MOTION in Limine to Lift Confidentiality Designations and Sealing Restrictions . Document filed by Francis Brady, Martin Litwin.(Russello, Joseph) (Entered: 08/07/2013)

08/07/2013 140 MOTION in Limine to Exclude Evidence Concerning Disclosure Made by Other Companies . Document filed by Francis Brady, Martin Litwin.(Russello, Joseph) (Entered: 08/07/2013)

08/07/2013 141 MOTION in Limine to Impute Knowledge, Information and Access to Information to Defendants at Trial. Document filed by Francis Brady, Martin Litwin.(Russello, Joseph) (Entered: 08/07/2013)

08/07/2013 142 MOTION in Limine to Preclude Defendants from Introducing Evidence that Plaintiffs Must Prove Reliance on the Registration Statement . Document filed by Francis Brady, Martin Litwin.(Russello, Joseph) (Entered: 08/07/2013)

08/07/2013 143 MOTION in Limine to Exclude Evidence Concerning the SEC Review Process . Document filed by Francis Brady, Martin Litwin.(Russello, Joseph) (Entered: 08/07/2013)

08/07/2013 144 MOTION in Limine as to General Trial Procedures. Document filed by Francis Brady, Martin Litwin.(Russello, Joseph) (Entered: 08/07/2013)

08/07/2013 145 MEMORANDUM OF LAW in Support re: 144 MOTION in Limine as to General I Trial Procedures.. Document filed by Francis Brady, Martin Litwin. (Russello, Joseph) (Entered: 08/07/2013)

08/07/2013 146

SEALED DOCUMENT placed in vault.(nm) (Entered: 08/08/2013)




08/08/2013 150 ORDER: I have read the proposed revised Memorandum of Law in Opposition to Plaintiff's Motion to Exclude the Expert Testimony of Raymond Ball, and I direct that footnote 2 on page 5 of that document be deleted. (Signed by Magistrate Judge Frank Maas on 8/8/2013) (tn) (Entered: 08/08/2013)

08/08/2013 151 ORDER: I have read the proposed revised Memorandum of Law in Opposition to Plaintiff's Motion to Exclude the Expert Testimony of Raymond Ball, and I direct that the newly-added language in footnote 2 on page 5 of that document be deleted. (Signed by Magistrate Judge Frank Maas on 8/8/2013) (tn) (Entered: 08/08/2013)

08/08/2013

08/09/2013 152

08/13/2013 153

Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 8/8/2013. (Chambers, Richalyn) (Entered: 08/08/2013)

SEALED DOCUMENT placed in vault.(mps) (Entered: 08/12/2013)

ORDER GRANTING CLASS CERTIFICATION AND DIRECTING NOTICE TO THE CLASS: IT IS HEREBY ORDERED, THAT: 1. Pursuant to Fed. R. Civ. P. 23(a) and (b)(3), the Court certifies the Class, consisting of all persons and entities (other than those persons and entities who timely and validly request exclusion from the Class in accordance with the requirements set forth herein) who purchased common units of Blackstone in Blackstone's initial public offering of such common units in the United States (the "IPO") or in the open market on the New York Stock Exchange between June 21, 2007 and March 12, 2008, inclusive, and who sustained compensable damages in connection with any such purchases of Blackstone units pursuant to Sections 11 and 15 of the Securities Act of 1933. And as set forth herein. SO ORDERED. (Signed by Judge Harold Baer on 8/13/2013) (ama) (Entered: 08/14/2013)

08/13/2013 154 ORDER DISMISSING CLAIMS UNDER SECTION 12(a)(2) OF THE SECURITIES I ACT OF 1933 PREJUDICE: IT IS HEREBY ORDERED, THAT: Pursuant to 41(a)(1)(A)(ii) of the Federal Rule of Civil Procedure, upon the Stipulation of all parties who have appeared in the Action, the claims asserted in the Action under Section 12(a)(2) under the 1933 Act against Defendants in Count II of Plaintiffs' Consolidated Amended Class Action Complaint dated October 27, 2008 ("Complaint") are dismissed, with prejudice, with each side to bear its, his and her own costs and attorneys' fees. Nothing in this Order shall dismiss or shall be deemed to have dismissed the claims in Counts I and III of the Complaint in this Action brought pursuant to Sections 11 and 15 of the 1933 Act. (Signed by Judge Harold Baer on 8/13/2013) (ama) (Entered: 08/14/2013)


08/14/2013 Minute Entry for proceedings held before Judge Harold Baer: Oral Argument held on 8/14/2013 re: 104 MOTION for Summary Judgment. filed by Michael A. Puglisi, Hamilton E. James, The Blackstone Group, L.P., Peter J. Peterson, Stephen A. Schwartzman. Decision reserved. (sc) (Entered: 08/20/2013)

08/16/2013 156 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/30/2013 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Rose Prater, (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 9/9/2013. Redacted Transcript Deadline set for 9/19/2013. Release of Transcript Restriction set for 11/18/2013.(McGuirk, Kelly) (Entered: 08/16/2013)

08/16/2013

08/16/2013

157 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/30/13 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: 08/16/2013)

158 NOTICE of Withdrawal of Motion for Class Certification. Document filed by Francis Brady, Martin Litwin. (Russello, Joseph) (Entered: 08/16/2013)

08/16/2013 159 ENDORSED LETTER addressed to Judge Harold Baer, Jr., from Joseph Russello, dated 8/16/2013, re: request the Court's immediate intervention to resolve a discovery dispute that has arisen... ENDORSEMENT: My view is that the deposition should proceed. The Federal Rules urge that cases be heard on their merits and if this trial proceeds that admonition will be best effectuated by proceeding with the depositions. If there is other objections arrange a call with Chambers on Monday. (Signed by Judge Harold Baer on 8/16/2013) (ja) (Entered: 08/19/2013)

08/19/2013

08/21/2013

160 ENDORSED LETTER addressed to Judge Harold Baer, Jr., from Bruce Angiolillo, dated 8/19/2013, re: in response to the letter Plaintiffs sent to the Court on Friday, August 16, 2013 and regarding the Court's order dated the same day requiring Defendants to produce David Foley, David Roth, Timothy Coleman, and Gideon Berger for depositions. Plaintiffs' letter to the Court was not candid regarding the circumstances of Plaintiffs' belated request to reopen discovery. For that reason and the reasons set forth herein, Defendants request reconsideration of the Order and that Plaintiffs' request for additional discovery be denied. ENDORSEMENT: I haven't read this because you apparently haven't read my endorsement. (Signed by Judge Harold Baer on 8/19/2013) (ja) (Entered: 08/20/2013)

161 ORDER: Having considered plaintiffs' August 16, 2013 letter and the argument by the parties on August 19, 2013, the Court ORDERS defendants to make available for deposition, as expeditiously as possible, Gideon Berger, Timothy Coleman, David Foley and David Roth, for no more than two hours of testifying time each, at a mutually convenient time and location. (Signed by Judge Harold Baer on 8/21/2013) (sac) (Entered: 08/21/2013)

08/21/2013 162


08/22/2013 163


08/22/2013 164


08/22/2013 165 TRANSCRIPT of Proceedings re: ARGUMENT held on 8/14/2013 before Judge Harold Baer. Court Reporter/Transcriber: Paula Speer, (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 9/16/2013. Redacted Transcript Deadline set for 9/26/2013. Release of Transcript Restriction set for 11/25/2013.(Rodriguez, Somari) (Entered: 08/22/2013)

08/22/2013 166 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 8/14/13 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...(Rodriguez, Somari) (Entered: 08/22/2013)

08/23/2013 168

08/26/2013 167


TRANSCRIPT of Proceedings re: Proceedings held on 8/8/2013 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 9/19/2013. Redacted Transcript Deadline set for 9/30/2013. Release of Transcript Restriction set for 12/2/2013.(sdi) (Entered: 08/26/2013)

08/26/2013 Minute Entry for proceedings held before Judge Harold Baer: Telephone Conference held on 8/26/2013. (sc) (Entered: 08/29/2013)

08/28/2013 169 MOTION for Settlement. Document filed by Francis Brady, Martin Litwin. Return Date set for 8/29/2013 at 01:00 PM.(Brower, David) (Entered: 08/28/2013)

08/28/2013 170 MEMORANDUM OF LAW in Support re: 169 MOTION for Settlement.. Document filed by Francis Brady, Martin Litwin. (Brower, David) (Entered: 08/28/2013)

08/28/2013 171 SETTLEMENT AGREEMENT. Document filed by Francis Brady, Martin Litwin.(Brower, David) (Entered: 08/28/2013)

08/30/2013 172 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE TO THE CLASS. IT IS HEREBY ORDERED: The Court hereby preliminarily approves the Stipulation and the Settlement set forth therein as being fair, reasonable, and adequate to Class Members, subject to further consideration at the Settlement Hearing described below. THEREFORE, the preliminary approval motion is GRANTED. A hearing ("Settlement Hearing") shall be held before this Court on December 18, 2013, at 11:00 a.m., at the Daniel Patrick Moynihan United States Courthouse, Courtroom 23B, 500 Pearl Street, New York, New York 10007, to determine whether the proposed Settlement of the Action, on the terms and conditions provided for in the Stipulation, is fair, reasonable, and adequate to the Class and should be approved by the Court, and as further set forth in this Order. Granting 169 Motion for Settlement. (Signed by Judge Harold Baer on 8/30/2013) (rjm) (Entered: 09/03/2013)

08/30/2013 Set/Reset Hearings: Settlement Hearing set for 12/18/2013 at 11:00 AM in Courtroom 23B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Harold Baer. (rjm) (Entered: 09/03/2013)

09/06/2013 173 MOTION for Ellen Gusikoff Stewart to Appear Pro Hac Vice. Filing fee $ 200.00,

receipt number 0208-8848329. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Francis Brady, Martin Litwin. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Stewart, Ellen) (Entered: 09/06/2013)

09/06/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 173 MOTION for Ellen Gusikoff Stewart to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8848329. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 09/06/2013)

09/09/2013 174 ORDER FOR ADMISSION PRO HAC VICE: granting 173 Motion for Ellen Gusikoff Stewart to Appear Pro Hac Vice. Application Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. SO ORDERED.(Signed by Judge Harold Baer on 9/09/2013) (ama) (Entered: 09/09/2013)

10/10/2013 175 MOTION REIMBURSEMENT OF COSTS AND EXPENSES. Document filed by Martin Litwin.(Rudman, Samuel) (Entered: 10/10/2013)

10/11/2013 176 MEMORANDUM OF LAW in Support re: 175 MOTION REIMBURSEMENT OF COSTS AND EXPENSES.. Document filed by Martin Litwin. (Rudman, Samuel) (Entered: 10/11/2013)

10/11/2013 177 DECLARATION of Martin Litwin in Support re: 175 MOTION REIMBURSEMENT OF COSTS AND EXPENSES.. Document filed by Martin Litwin. (Rudman, Samuel) (Entered: 10/11/2013)

10/11/2013 178 MOTION for Settlement Notice Of Plaintiffs Motion For Final Approval OfProposed Settlement And Proposed Plan Of Distribution Of Settlement Proceeds . Document filed by Francis Brady. Return Date set for 12/18/2013 at 11:00 AM.(Brower, David) (Entered: 10/11/2013)

10/11/2013 179 MEMORANDUM OF LAW in Support re: 178 MOTION for Settlement Notice Of Plaintiffs Motion For Final Approval Of Proposed Settlement And Proposed Plan Of Distribution Of Settlement Proceeds .. Document filed by Francis Brady. (Brower, David) (Entered: 10/11/2013)

10/11/2013 180 MOTION to Approve Notice Of Plaintiffs Motion For Final Approval Of Class Notice. Document filed by Francis Brady. Return Date set for 12/18/2013 at 11:00 AM.(Brower, David) (Entered: 10/11/2013)

10/11/2013 181 MEMORANDUM OF LAW in Support re: 180 MOTION to Approve Notice Of Plaintiffs Motion For Final Approval Of Class Notice.. Document filed by Francis Brady. (Brower, David) (Entered: 10/11/2013)

10/11/2013 182 MOTION for Attorney Fees Notice Of Plaintiffs Counsels Motion For An Award Of Attorneys Fees And Reimbursement Of Litigation Expenses . Document filed by Francis Brady. Return Date set for 12/18/2013 at 11:00 AM.(Brower, David) (Entered: 10/11/2013)

10/11/2013 183 MEMORANDUM OF LAW in Support re: 182 MOTION for Attorney Fees Notice Of Plaintiffs Counsels Motion For An Award Of Attorneys Fees And Reimbursement Of Litigation Expenses .. Document filed by Francis Brady. (Brower, David) (Entered: 10/11/2013)

10/11/2013

11/19/2013

11/19/2013

12/10/2013

184 DECLARATION of David A.P. Brower in Support re: 180 MOTION to Approve Notice Of Plaintiffs Motion For Final Approval Of Class Notice., 182 MOTION for Attorney Fees Notice Of Plaintiffs Counsels Motion For An Award Of Attorneys Fees And Reimbursement Of Litigation Expenses ., 178 MOTION for Settlement Notice Of Plaintiffs Motion For Final Approval Of Proposed Settlement And Proposed Plan Of Distribution Of Settlement Proceeds .. Document filed by Francis Brady. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Brower, David) (Entered: 10/11/2013)

185 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/14/2013 before Judge Harold Baer. Court Reporter/Transcriber: Paula Speer, (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 12/13/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly) (Entered: 11/19/2013)

186 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/14/13 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: 11/19/2013)

187 LETTER from Michael Peden dated 12/2/13 re: Claimant Michael Peden of Willsboro, New York informs the Court that he purchased 2000 shares of The Blackstone Group on 7/6/2007 and sold these shares on 7/18/07; that a significant loss was realized on this transaction; and that it appears that Michael Peden should be a member of the Class as set forth on Page 2(copy enclosed) of the Notice of Proposed Settlement of Class Action(as indicated) received by him. (sc) (Entered: 12/11/2013)

12/11/2013 188 REPLY MEMORANDUM OF LAW in Support re: 180 MOTION to Approve Notice Of Plaintiffs Motion For Final Approval Of Class Notice., 182 MOTION for Attorney Fees Notice Of Plaintiffs Counsels Motion For An Award Of Attorneys Fees And Reimbursement Of Litigation Expenses ., 175 MOTION REIMBURSEMENT OF COSTS AND EXPENSES., 178 MOTION for Settlement Notice Of Plaintiffs Motion For Final Approval Of Proposed Settlement And Proposed Plan Of Distribution Of Settlement Proceeds .. Document filed by Francis Brady, Martin Litwin. (Brower, David) (Entered: 12/11/2013)

12/11/2013 189 DECLARATION of Carole K. Sylvester in Support re: 180 MOTION to Approve Notice Of Plaintiffs Motion For Final Approval Of Class Notice., 182 MOTION for Attorney Fees Notice Of Plaintiffs Counsels Motion For An Award Of Attorneys Fees And Reimbursement Of Litigation Expenses ., 175 MOTION REIMBURSEMENT OF COSTS AND EXPENSES., 178 MOTION for Settlement Notice Of Plaintiffs Motion For Final Approval Of Proposed Settlement And Proposed Plan Of Distribution Of Settlement Proceeds .. Document filed by Francis Brady, Martin Litwin. (Brower, David) (Entered: 12/11/2013)

12/12/2013 190 LETTER addressed to Judge Harold Baer from David A.P. Brower dated 12-11-2013 re: FINAL APPROVAL HEARING. Document filed by Francis Brady, Martin

Litwin.(Brower, David) (Entered: 12/12/2013)

12/18/2013 Minute Entry for proceedings held before Judge Harold Baer: Oral Argument held on 12/18/2013 re: 180 MOTION to Approve Notice Of Plaintiffs Motion For Final Approval Of Class Notice. filed by Francis Brady, 182 MOTION for Attorney Fees Notice Of Plaintiffs Counsels Motion For An Award Of Attorneys Fees And Reimbursement Of Litigation Expenses. filed by Francis Brady, 178 MOTION for Settlement Notice OfPlaintiffs Motion For Final Approval Of Proposed Settlement And Proposed Plan Of Distribution Of Settlement Proceeds. filed by Francis Brady, 175 Motion for Reimbursement of Costs & Expenses. Court: Reserved Decision. (sc) Modified on 12/19/2013 (sc). (Entered: 12/19/2013)

12/18/2013 191 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE as to the settling parties. (Signed by Judge Harold Baer on 12/18/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:08-cv-03601-HB-FM, 1:08-cv-03838- HB, 1:08-cv-04064-HB, 1:08-cv-04110-HB, 1:08-cv-05447-HB(ml) (Entered: 12/19/2013)

12/18/2013 Terminate Transcript Deadlines Associated Cases: 1:08-cv-03601-HB-FM, 1:08-cv- 03838-HB, 1:08-cv-04064-HB, 1:08-cv-04110-HB, 1:08-cv-05447-HB(ml) (Entered: 12/19/2013)

12/26/2013 192 TRANSCRIPT of Proceedings re: HEARING held on 12/18/2013 before Judge Harold Baer. Court Reporter/Transcriber: Khristine Sellin, (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 1/21/2014. Redacted Transcript Deadline set for 1/30/2014. Release of Transcript Restriction set for 3/31/2014.(Rodriguez, Somari) (Entered: 12/26/2013)

12/26/2013 193 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 12/18/13 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...(Rodriguez, Somari) (Entered: 12/26/2013)

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