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

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US District Court Civil Docket as of 06/15/2012 Retrieved from the court on June 20, 2012 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:07-cv-10617-LTS IN RE FOCUS MEDIA HOLDING LIMITED LITIGATION Date Filed: 11/27/2007 Assigned to: Judge Laura Taylor Swain Date Terminated: 03/30/2010 Member case: (View Member Case) Jury Demand: Plaintiff Related Case: 1:07-cv-11479-LTS Nature of Suit: 850 Cause: 15:77 Securities Fraud Securities/Commodities Jurisdiction: Federal Question Lead Plaintiff Iron Workers Local No. 25 Pension Fund represented by Ellen Gusikoff Robbins Geller Rudman & Dowd LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423 PRO HAC VICE ATTORNEY TO BE NOTICED Ellen Anne Gusikoff Stewart Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (212)661-1100 Fax: (619)-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Evan Jay Kaufman 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 Mario Alba , Jr

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

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US District Court Civil Docket as of 06/15/2012 Retrieved from the court on June 20, 2012

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

CIVIL DOCKET FOR CASE #: 1:07-cv-10617-LTS

IN RE FOCUS MEDIA HOLDING LIMITED LITIGATION Date Filed: 11/27/2007 Assigned to: Judge Laura Taylor Swain Date Terminated: 03/30/2010 Member case: (View Member Case) Jury Demand: Plaintiff Related Case: 1:07-cv-11479-LTS Nature of Suit: 850 Cause: 15:77 Securities Fraud Securities/Commodities

Jurisdiction: Federal Question

Lead Plaintiff

Iron Workers Local No. 25 Pension Fund

represented by Ellen Gusikoff Robbins Geller Rudman & Dowd LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423 PRO HAC VICE ATTORNEY TO BE NOTICED

Ellen Anne Gusikoff Stewart Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (212)661-1100 Fax: (619)-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Evan Jay Kaufman 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

Mario Alba , Jr

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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

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

Plaintiff

Eastriver Partners Individually and on Behalf of all others similarly situated

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

Evan Jay Kaufman (See above for address) ATTORNEY TO BE NOTICED

V.

Consolidated Plaintiff

Scott Bauer represented by D. Seamus Kaskela Kessler Topaz Meltzer & Check, LLP (PA) 280 King of Prussia Road Radnor, PA 19087 (610) 667-7706 Fax: (610) 667-7056 Email: [email protected] ATTORNEY TO BE NOTICED

Evan J. Smith Brodsky & Smith, L.L.C. 240 Mineola Blvd. Mineola, NY 11501 516-741-4977 Email: [email protected] ATTORNEY TO BE NOTICED

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Richard A. Maniskas Schiffrin & Barroway L.L.P. 280 King of Prussia Road Radnor, PA 19087 (610) 667-7706 ATTORNEY TO BE NOTICED

V.

Defendant

Focus Media Holding Limited represented by Andrew David Waggaman Cattell Simpson Thacher & Bartlett LLP (NY) 425 Lexington Avenue New York, NY 10017 (212)-455-7844 Fax: (212)-455-2502 Email: [email protected] ATTORNEY TO BE NOTICED

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] 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

Defendant

Merrill Lych & Co.

Defendant

Credit Suisse Securities USA LLC

represented by Adam Selim Hakki Shearman & Sterling LLP (NY) 599 Lexington Avenue New York, NY 10022 (212)-848-4924 Fax: (646)-848-4924 Email: [email protected] LEAD ATTORNEY

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ATTORNEY TO BE NOTICED

Herbert Scott Washer Shearman & Sterling LLP (NY) 599 Lexington Avenue New York, NY 10022 (212)-848-7216 Fax: (212)-848-7179 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Citigroup Global Markets Inc. represented by Adam Selim Hakki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Herbert Scott Washer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

David Feng Yu

Defendant

Zhi Tan

Defendant

Donald J. Puglisi

Defendant

Merrill Lynch & Co.

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

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

represented by Adam Selim Hakki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Herbert Scott Washer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Consolidated Defendant

Jason N. Jiang

Consolidated Defendant

Daniel M Wu

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

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

Date Filed # Docket Text

11/27/2007 1 COMPLAINT against Focus Media Holding Limited, Merrill Lych & Co., Credit Suisse Securities USA LLC, Citigroup Global Markets Inc. (Filing Fee $ 350.00, Receipt Number 634411)Document filed by Eastriver Partners.(jpo) (jeh). (Entered: 11/30/2007)

11/27/2007 SUMMONS ISSUED as to Focus Media Holding Limited, Merrill Lych & Co., Credit Suisse Securities USA LLC, Citigroup Global Markets Inc. (jpo) (Entered: 11/30/2007)

11/27/2007 Magistrate Judge Gabriel W. Gorenstein is so designated. (jpo) (Entered: 11/30/2007)

11/27/2007 Case Designated ECF. (jpo) (Entered: 11/30/2007)

11/27/2007 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eastriver Partners.(jpo) (Entered: 11/30/2007)

12/06/2007 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Samuel Howard Rudman 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] . (jeh) (Entered: 12/07/2007)

12/14/2007 3 NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Shirley Wohl Kram is no longer assigned to the case. (laq) (Entered: 12/21/2007)

12/14/2007 Mailed notice to the attorney(s) of record. (laq) (Entered: 12/21/2007)

12/21/2007

01/28/2008

4 INITIAL CONFERENCE ORDER: Initial Conference set for 3/7/2008 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 12/21/2007) (jar) (Entered: 12/26/2007)

5 MOTION to Appoint Iron Workers Local No. 25 Pension Fund to serve as lead plaintiff(s). Document filed by Iron Workers Local No. 25 Pension Fund. (Attachments: # 1 Text of Proposed Order)(Alba, Mario) (Entered: 01/28/2008)

01/28/2008 6 MEMORANDUM OF LAW in Support re: 5 MOTION to Appoint Iron Workers Local No. 25 Pension Fund to serve as lead plaintiff(s).. Document filed by Iron Workers Local No. 25 Pension Fund. (Alba, Mario) (Entered: 01/28/2008)

01/28/2008 7 DECLARATION of Mario Alba Jr. in Support re: 5 MOTION to Appoint Iron Workers

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Local No. 25 Pension Fund to serve as lead plaintiff(s).. Document filed by Iron Workers Local No. 25 Pension Fund. (Attachments: # 1 Exhibit A - notice, # 2 Exhibit B - loss chart, # 3 Exhibit C - certification, # 4 Exhibit D - firm resume)(Alba, Mario) (Entered: 01/28/2008)

01/31/2008 8 AFFIDAVIT OF SERVICE. Merrill Lych & Co. served on 1/18/2008, answer due 2/7/2008. Service was accepted by Julissa Montero, Assistant Vice President. Document filed by Eastriver Partners. (Rosenfeld, David) (Entered: 01/31/2008)

01/31/2008 9 AFFIDAVIT OF SERVICE. Citigroup Global Markets Inc. served on 1/18/2008, answer due 2/7/2008. Service was accepted by Mayra M. Oviedo, Vice President, Subpoena Group. Document filed by Eastriver Partners. (Rosenfeld, David) (Entered: 01/31/2008)

01/31/2008 10 AFFIDAVIT OF SERVICE. Credit Suisse Securities USA LLC served on 1/18/2008, answer due 2/7/2008. Service was accepted by Kathrin Mahgerefteh, Legal Compliance Department. Document filed by Eastriver Partners. (Rosenfeld, David) (Entered: 01/31/2008)

02/04/2008 11 AFFIDAVIT OF SERVICE. Focus Media Holding Limited served on 1/30/2008, answer due 2/19/2008. Service was accepted by Sahie Jairaf, Managing Agent. Document filed by Eastriver Partners. (Rosenfeld, David) (Entered: 02/04/2008)

02/05/2008 12 ORDER: Accordingly, It is hereby ordered that: Any and all papers in opposition to Local No. 25's motions must be filed with this Court and served on all parties, with a courtesy copy provided for the Chambers of the undersigned, so as to be received no later than February 18, 2008. Any reply papers must be filed and served, with a courtesy copy to Chambers, no later than February 25, 2008. A hearing concerning the appointment of a lead plaintiff pursuant to 15 U.S.C. 78u-4(A)(3)(A)(B) and the applications for appointment of lead plaintiff's counsel and for consolidation will be held in this matter on march 4, 2008, at 12:30 p.m. in Courtroom No. 26A. The Clerk of the Court is respectfully requested to docket this Order in each of the above captioned actions. So Ordered (Signed by Judge Laura Taylor Swain on 2/5/08) (js) (Entered: 02/05/2008)

02/26/2008 13 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINTS by and between the undersigned counsel for the parties as follows: The time for all Defendants to respond or move against the complaints in the above-captioned actions is extended until after the Court rules on the Motion of Iron Workers Local No. 25 Pension Fund for Consolidation, Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel and a Consolidated Amended Complaint is filed. Sixty days after entry of an Order deciding the Motion, lead plaintiff will file a Consolidated Amended Complaint. Sixty days after the Consolidated Amended Complaint is filed, Defendants will either answer the Consolidated Amended Complaint or move to dismiss the Consolidated Amended Complaint. If any or all of Defendants move to dismiss the Consolidated Amended Complaint, lead plaintiff will file 60 days papers opposing such motion(s). Defendants will then have 30 days to reply to such opposition(s). The undersigned Defendants hereby waive service of process of the complaint. All other defenses are expressly preserved. IT IS SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/26/2008) (jmi) (Entered: 02/27/2008)

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02/29/2008 14 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Mario Alba, Jr. Dated: 2/27/08, re: plaintiff request that the Court grant Iron Workers' unopposed motion and, in an effort to conserve juridical time and resource, adjourn the hearings set forth for 3/4/08 and 3/7/08 until after the motion to dismiss has been fully briefed. ENDORSEMENT: the pending motion is taken on submission and the 3/4/08 and 3/7/08 hearing and conference dates are marked off the calendar. (Signed by Judge Laura Taylor Swain on 2/29/08) (pl) (Entered: 02/29/2008)

03/04/2008 15 NOTICE OF APPEARANCE by Bruce Domenick Angiolillo on behalf of Focus Media Holding Limited (Angiolillo, Bruce) (Entered: 03/04/2008)

03/04/2008

03/04/2008

04/24/2008

16 NOTICE OF APPEARANCE by Jonathan K. Youngwood on behalf of Focus Media Holding Limited (Youngwood, Jonathan) (Entered: 03/04/2008)

17 NOTICE OF APPEARANCE by Andrew David Waggaman Cattell on behalf of Focus Media Holding Limited (Cattell, Andrew) (Entered: 03/04/2008)

18 ORDER CONSOLIDATING CASES AND GRANTING MOTIONS FOR APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL: It is hereby ordered that the actions herein are consolidated for all purposes pursuant to F.R.C.P. 42(a). The consolidated securities cases shall be referred to collectively as IN REFOCUS MEDIA HOLDING LIMITED LITIGATION, Master File No. 07-cv-10617 (LTS)(GWG). When a class action that relates to the same subject matter as the Consolidated Actions is filed hereafter it shall be consolidated with these actions identified herein. Every pleading filed in the Consolidated Action, and in any separate action included therein shall bear the caption: IN RE FOCUS MEDIA HOLDING LIMITED LITIGATION. When a pleading is intended to be applicable to all actions to which this Order applies, the words "All Actions" shall appear immediately after the words "This Document Relates To" in the caption, as set forth herein. The Court hereby grants Iron Workers Local No. 25's motion for appointment as Lead Plaintiff. Accordingly Coughlin Stoia Geller Rudman & Robbins LLP as lead counsel is approved. (Signed by Judge Laura Taylor Swain on 4/24/2008) Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(jpo) (Entered: 04/25/2008)

05/01/2008

06/23/2008

19 NOTICE OF APPEARANCE by Evan Jay Kaufman on behalf of Iron Workers Local No. 25 Pension Fund (Kaufman, Evan) (Entered: 05/01/2008)

20 CONSOLIDATED AMENDED COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS amending 1 Complaint against David Feng Yu, Zhi Tan, Donald J. Puglisi, Focus Media Holding Limited, Merrill Lych & Co., Credit Suisse Securities USA LLC, Citigroup Global Markets Inc., Jason N. Jiang, Daniel M Wu.Document filed by Eastriver Partners, Iron Workers Local No. 25 Pension Fund. Related document: 1 Complaint filed by Eastriver Partners.(dle) (kkc). (Entered: 06/24/2008)

08/07/2008 21 AFFIDAVIT OF SERVICE. Donald J. Puglisi served on 7/29/2008, answer due 8/18/2008. Service was accepted by Donald J. Puglisi. Document filed by Iron Workers Local No. 25 Pension Fund. (Kaufman, Evan) (Entered: 08/07/2008)

08/19/2008 22 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: The time for all Defendants to respond or move against the Consolidated Amended Complaint in this action is extended until 9/5/08. If any or all of Defendants move to dismiss the Consolidated Amended Complaint, lead plaintiff will file within sixty days papers opposing such motion(s). Defendants will then have

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thirty days to reply to such opposition(s). (Signed by Judge Laura Taylor Swain on 8/19/08) (dle) (Entered: 08/19/2008)

09/02/2008 23 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jonathan K. Youngwood dated 8/27/08 re: Counsel request permission to file a brief of 40 pages in length, which represents a 15-page extension beyond the usual 25 pages permitted by Your Honor's Individual Practices. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 9/2/08) (mme) (Entered: 09/02/2008)

09/05/2008 24 MOTION to Dismiss the Consolidated Amended Complaint . Document filed by Focus Media Holding Limited, Merrill Lych & Co., Credit Suisse Securities USA LLC, Citigroup Global Markets Inc., Jason N. Jiang, Daniel M Wu, Zhi Tan, Donald J. Puglisi. (Attachments: # 1 Certificate of Service)(Angiolillo, Bruce) (Entered: 09/05/2008)

09/05/2008 25 MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss the Consolidated Amended Complaint .. Document filed by Focus Media Holding Limited, Merrill Lych & Co., Credit Suisse Securities USA LLC, Citigroup Global Markets Inc., Jason N. Jiang, Daniel M Wu, Zhi Tan, Donald J. Puglisi. (Attachments: # 1 Certificate of Service)(Angiolillo, Bruce) (Entered: 09/05/2008)

09/05/2008 26 AFFIDAVIT of Andrew D.W. Cattell in Support re: 24 MOTION to Dismiss the Consolidated Amended Complaint .. Document filed by Focus Media Holding Limited, Jason N. Jiang, Daniel M Wu, Zhi Tan, Donald J. Puglisi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (Part 1 of 4), # 4 Exhibit C (Part 2 of 4), # 5 Exhibit C (Part 3 of 4), # 6 Exhibit C (Part 4 of 4), # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H-K, # 12 Exhibit L (Part 1 of 4), # 13 Exhibit L (Part 2 of 4), # 14 Exhibit L (Part 3 of 4), # 15 Exhibit L (Part 4 of 4), # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Certificate of Service)(Cattell, Andrew) (Entered: 09/05/2008)

10/31/2008 27 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Evan J. Kaufman dated 10/30/08 re: counsel requests permission to file an opposition brief of up to 40 pages in length, which represents a 15 page extension beyond the usual 25 pages permitted by Your Honor's Individual Practices. Defendants also requests permission to file a joint reply brief of 20 pages in length which represents a 10-page extension beyond the usual 10 pages permitted by Your Honor's Individual Practices. ENDORSEMENT: The requests are granted. (Signed by Judge Laura Taylor Swain on 10/31/08) (djc) (Entered: 10/31/2008)

11/05/2008 28 MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss the Consolidated Amended Complaint .. Document filed by Eastriver Partners, Iron Workers Local No. 25 Pension Fund. (Rudman, Samuel) (Entered: 11/05/2008)

12/05/2008 29 NOTICE OF APPEARANCE by Adam Selim Hakki on behalf of Merrill Lynch & Co., Credit Suisse Securities USA LLC, Citigroup Global Markets Inc. (Hakki, Adam) (Entered: 12/05/2008)

12/05/2008 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Focus Media Holding Limited, Jason N. Jiang, Daniel M Wu, Zhi Tan, Donald J. Puglisi. (Attachments: # 1 Certificate of Service)(Youngwood, Jonathan) (Entered: 12/05/2008)

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12/05/2008

31

JOINT REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss the Consolidated Amended Complaint .. Document filed by Merrill Lynch & Co., Focus Media Holding Limited, Credit Suisse Securities USA LLC, Citigroup Global Markets Inc., Jason N. Jiang, Daniel M Wu, Zhi Tan, Donald J. Puglisi. (Attachments: # 1 Certificate of Service)(Youngwood, Jonathan) (Entered: 12/05/2008)

12/05/2008 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Citigroup Financial Products Inc., Citigroup Global Markets Holding Inc., Citigroup Inc. as Corporate Parent. Document filed by Citigroup Global Markets Inc..(Hakki, Adam) (Entered: 12/05/2008)

12/05/2008 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Merrill Lynch & Co..(Hakki, Adam) (Entered: 12/05/2008)

12/05/2008 34 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Credit Suisse (USA), Inc., Credit Suisse Holdings (USA), Inc., Credit Suisse Group AG Guernsey Branch, Credit Suisse Group AG as Corporate Parent. Document filed by Credit Suisse Securities USA LLC.(Hakki, Adam) (Entered: 12/05/2008)

12/22/2008 35 NOTICE OF APPEARANCE by Herbert Scott Washer on behalf of Merrill Lynch & Co., Credit Suisse Securities USA LLC, Citigroup Global Markets Inc. (Washer, Herbert) (Entered: 12/22/2008)

01/09/2009

03/29/2010

36 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Bank of America Corporation as Corporate Parent. Document filed by Merrill Lynch & Co..(Hakki, Adam) Modified on 1/14/2009 (tro). (Entered: 01/09/2009)

37 OPINION AND ORDER #98755 re: (24 in 1:07-cv-10617-LTS) MOTION to Dismiss the Consolidated Amended Complaint filed by Merrill Lych & Co., Jason N. Jiang, Citigroup Global Markets Inc., Donald J. Puglisi, Daniel M Wu, Focus Media Holding Limited, Credit Suisse Securities USA LLC, Zhi Tan. For the reasons set forth in this Opinion and Order, Defendants' motion to dismiss Plaintiff's Complaint is granted in its entirety. The Clerk of Court is respectfully requested to enter judgment accordingly and close this case and the consolidated case, Bauer v. Focus Media Holding Limited, 07 Civ. 11479. This Opinion and Order resolves docket entry no. 24. (Signed by Judge Laura Taylor Swain on 3/29/2010) Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(tro) Modified on 3/30/2010 (ajc). Modified on 4/5/2010 (ajc). (Entered: 03/29/2010)

03/29/2010 Transmission to Judgments and Orders Clerk. Transmitted re: (37 in 1:07-cv-10617- LTS, 13 in 1:07-cv-11479-LTS) Memorandum & Opinion, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(tro) (Entered: 03/29/2010)

03/30/2010 38 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated March 29, 2010, defendants' motion to dismiss the complaint is granted in its entirety; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 3/30/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(ml) (Entered: 03/30/2010)

04/29/2010 39 NOTICE OF APPEAL (This Document Relates To: ALL ACTIONS) from (14 in 1:07- cv-11479-LTS, 38 in 1:07-cv-10617-LTS) Clerk's Judgment, (37 in 1:07-cv-10617-

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LTS, 13 in 1:07-cv-11479-LTS) Memorandum & Opinion. Document filed by Eastriver Partners, Iron Workers Local No. 25 Pension Fund. Filing fee $ 455.00, receipt number E 902243. Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(tp) Modified on 4/30/2010 (tp). (Entered: 04/30/2010)

04/30/2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (15 in 1:07-cv-11479-LTS, 39 in 1:07-cv-10617-LTS) Notice of Appeal. Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(tp) (Entered: 04/30/2010)

04/30/2010 Transmission of Notice of Appeal to the District Judge re: (15 in 1:07-cv-11479-LTS, 39 in 1:07-cv-10617-LTS) Notice of Appeal. Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(tp) (Entered: 04/30/2010)

04/30/2010 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (34 in 1:07-cv-10617-LTS) Rule 7.1 Corporate Disclosure Statement, filed by Credit Suisse Securities USA LLC, (5 in 1:07-cv-10617-LTS) MOTION to Appoint Iron Workers Local No. 25 Pension Fund to serve as lead plaintiff(s). filed by Iron Workers Local No. 25 Pension Fund, (9 in 1:07-cv-11479- LTS) Notice of Appearance filed by Focus Media Holding Limited, (22 in 1:07-cv-10617-LTS, 22 in 1:07-cv-10617-LTS) Stipulation and Order, Set Deadlines/Hearings,, (29 in 1:07-cv-10617-LTS) Notice of Appearance filed by Merrill Lynch & Co., Citigroup Global Markets Inc., Credit Suisse Securities USA LLC, (24 in 1:07-cv-10617-LTS) MOTION to Dismiss the Consolidated Amended Complaint . filed by Merrill Lych & Co., Jason N. Jiang, Citigroup Global Markets Inc., Donald J. Puglisi, Daniel M Wu, Focus Media Holding Limited, Credit Suisse Securities USA LLC, Zhi Tan, (5 in 1:07-cv-11479-LTS, 5 in 1:07-cv-11479-LTS) Order, Set Deadlines/Hearings,,,,,, (32 in 1:07-cv-10617-LTS) Rule 7.1 Corporate Disclosure Statement filed by Citigroup Global Markets Inc., (23 in 1:07-cv-10617-LTS) Endorsed Letter, (12 in 1:07-cv-10617-LTS, 12 in 1:07-cv-10617-LTS) Order, Set Deadlines/Hearings,,,,,, (27 in 1:07-cv-10617-LTS) Endorsed Letter,, (15 in 1:07-cv-10617-LTS) Notice of Appearance filed by Focus Media Holding Limited, (14 in 1:07- cv-10617-LTS, 14 in 1:07-cv-10617-LTS) Endorsed Letter, Terminate Hearings,,,, (14 in 1:07-cv-11479-LTS, 38 in 1:07-cv-10617-LTS) Clerk's Judgment, (12 in 1:07-cv-11479-LTS, 18 in 1:07-cv-10617-LTS) Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), (36 in 1:07-cv-10617-LTS) Rule 7.1 Corporate Disclosure Statement filed by Merrill Lynch & Co., (19 in 1:07-cv-10617-LTS) Notice of Appearance filed by Iron Workers Local No. 25 Pension Fund, (9 in 1:07-cv-10617-LTS) Affidavit of Service Complaints filed by Eastriver Partners, (21 in 1:07-cv-10617-LTS) Affidavit of Service Complaints filed by Iron Workers Local No. 25 Pension Fund, (28 in 1:07-cv-10617-LTS) Memorandum of Law in Opposition to Motion filed by Eastriver Partners, Iron Workers Local No. 25 Pension Fund, (15 in 1:07-cv-11479-LTS, 39 in 1:07-cv-10617-LTS) Notice of Appeal, filed by Eastriver Partners, Iron Workers Local No. 25 Pension Fund, (1 in 1:07-cv-10617-LTS) Complaint filed by Eastriver Partners, (6 in 1:07-cv-11479-LTS) Stipulation and Order,,,, (7 in 1:07-cv-10617-LTS) Declaration in Support of Motion, filed by Iron Workers Local No. 25 Pension Fund, (11 in 1:07-cv-11479-LTS) Certificate of Service Other filed by Focus Media Holding Limited, (10 in 1:07-cv-11479-LTS) Notice of Appearance filed by Focus Media Holding Limited, (13 in 1:07-cv-10617-LTS, 13 in 1:07-cv-10617-LTS) Stipulation and Order, Set

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Deadlines,,,,,,,, (10 in 1:07-cv-10617-LTS) Affidavit of Service Complaints filed by Eastriver Partners, (11 in 1:07-cv-10617-LTS) Affidavit of Service Complaints filed by Eastriver Partners, (30 in 1:07-cv-10617-LTS) Rule 7.1 Corporate Disclosure Statement filed by Jason N. Jiang, Donald J. Puglisi, Daniel M Wu, Focus Media Holding Limited, Zhi Tan, (3 in 1:07-cv-11479-LTS) Notice of Case Assignment/Reassignment, (20 in 1:07-cv-10617-LTS) Amended Complaint, filed by Eastriver Partners, Iron Workers Local No. 25 Pension Fund, (3 in 1:07-cv-10617-LTS) Notice of Case Assignment/Reassignment, (31 in 1:07-cv-10617-LTS) Reply Memorandum of Law in Support of Motion, filed by Jason N. Jiang, Merrill Lynch & Co., Citigroup Global Markets Inc., Donald J. Puglisi, Daniel M Wu, Focus Media Holding Limited, Credit Suisse Securities USA LLC, Zhi Tan, (8 in 1:07-cv-10617- LTS) Affidavit of Service Complaints filed by Eastriver Partners, (17 in 1:07-cv-10617-LTS) Notice of Appearance filed by Focus Media Holding Limited, (6 in 1:07- cv-10617-LTS) Memorandum of Law in Support of Motion filed by Iron Workers Local No. 25 Pension Fund, (37 in 1:07-cv-10617-LTS, 13 in 1:07-cv-11479-LTS) Memorandum & Opinion,,, (8 in 1:07-cv-11479-LTS) Notice of Appearance filed by Focus Media Holding Limited, (7 in 1:07-cv-11479-LTS, 7 in 1:07-cv-11479-LTS) Endorsed Letter, Terminate Deadlines and Hearings,,,, (2 in 1:07-cv-11479-LTS) Order for Initial Pretrial Conference, (33 in 1:07-cv-10617-LTS) Rule 7.1 Corporate Disclosure Statement filed by Merrill Lynch & Co., (35 in 1:07-cv-10617-LTS) Notice of Appearance filed by Merrill Lynch & Co., Citigroup Global Markets Inc., Credit Suisse Securities USA LLC, (26 in 1:07-cv-10617-LTS) Affidavit in Support of Motion,,, filed by Jason N. Jiang, Donald J. Puglisi, Daniel M Wu, Focus Media Holding Limited, Zhi Tan, (16 in 1:07-cv-10617-LTS) Notice of Appearance filed by Focus Media Holding Limited, (4 in 1:07-cv-10617-LTS) Order for Initial Pretrial Conference, (25 in 1:07-cv-10617-LTS) Memorandum of Law in Support of Motion, filed by Merrill Lych & Co., Jason N. Jiang, Citigroup Global Markets Inc., Donald J. Puglisi, Daniel M Wu, Focus Media Holding Limited, Credit Suisse Securities USA LLC, Zhi Tan were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(tp) (Entered: 04/30/2010)

08/22/2011 40 TRUE COPY ORDER of USCA as to 39 Notice of Appeal, filed by Eastriver Partners, Iron Workers Local No. 25 Pension Fund USCA Case Number 10-1690....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/16/2011. (nd) (Entered: 08/22/2011)

09/08/2011 41 MOTION for Ellen Gusikoff Stewart to Appear Pro Hac Vice. Document filed by Iron Workers Local No. 25 Pension Fund.(pgu) (Entered: 09/09/2011)

09/14/2011 42 ORDER FOR ADMISSION PRO HAC VICE: granting (41) Motion for Ellen Gusikoff Stewart to Appear Pro Hac Vice in case 1:07-cv-10617-LTS for Lead Plaintiff Iron Workers Local No. 25 Pension Fund. (Signed by Judge Laura Taylor Swain on 9/14/2011) Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(jfe) (Entered: 09/14/2011)

10/06/2011 43 MOTION for Settlement Lead Plaintiff's Notice of Motion and Unopposed Motion for Preliminary Approval of Settlement . Document filed by Iron Workers Local No. 25 Pension Fund.(Stewart, Ellen) (Entered: 10/06/2011)

10/06/2011 44 MEMORANDUM OF LAW in Support re: 43 MOTION for Settlement Lead Plaintiff's Notice of Motion and Unopposed Motion for Preliminary Approval of Settlement ..

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Document filed by Iron Workers Local No. 25 Pension Fund. (Attachments: # 1 Exhibit A)(Stewart, Ellen) (Entered: 10/06/2011)

10/06/2011 45 SETTLEMENT AGREEMENT. Document filed by Citigroup Global Markets Inc., Credit Suisse Securities USA LLC, Focus Media Holding Limited, Iron Workers Local No. 25 Pension Fund, Jason N. Jiang, Merrill Lynch & Co., Donald J. Puglisi, Zhi Tan, Daniel M Wu, David Feng Yu. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B)(Stewart, Ellen) (Entered: 10/06/2011)

10/13/2011 46 TRUE COPY ORDER of USCA as to 39 Notice of Appeal, filed by Eastriver Partners, Iron Workers Local No. 25 Pension Fund USCA Case Number 10-1690....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/12/2011. (nd) (Entered: 10/13/2011)

12/16/2011 47 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: granting 43 Motion for Settlement. It is hereby Ordered that the Court does hereby preliminarily approve the Settlement Agreement and the settlement set forth therein, subject to further consideration at the settlement hearing described within. A hearing (the "Settlement Hearing") shall be held before this Court on 3/30/12 at 12 p.m. (Signed by Judge Laura Taylor Swain on 12/16/2011) (jfe) (Entered: 12/16/2011)

03/09/2012 48 MOTION for Attorney Fees and Expenses ., MOTION for Settlement and Plan of Distribution of Settlement Proceeds . Document filed by Iron Workers Local No. 25 Pension Fund.(Stewart, Ellen) (Entered: 03/09/2012)

03/09/2012 49 MEMORANDUM OF LAW in Support re: 48 MOTION for Attorney Fees and Expenses . MOTION for Settlement and Plan of Distribution of Settlement Proceeds . [SETTLEMENT MEMORANDUM] . Document filed by Iron Workers Local No. 25 Pension Fund. (Stewart, Ellen) (Entered: 03/09/2012)

03/09/2012 50 MEMORANDUM OF LAW in Support re: 48 MOTION for Attorney Fees and Expenses . MOTION for Settlement and Plan of Distribution of Settlement Proceeds . [FEE AND EXPENSE MEMORANDUM] . Document filed by Iron Workers Local No. 25 Pension Fund. (Stewart, Ellen) (Entered: 03/09/2012)

03/09/2012 51 DECLARATION of Evan J. Kaufman in Support re: 48 MOTION for Attorney Fees and Expenses . MOTION for Settlement and Plan of Distribution of Settlement Proceeds.. Document filed by Iron Workers Local No. 25 Pension Fund. (Stewart, Ellen) (Entered: 03/09/2012)

03/09/2012 52 DECLARATION of Carole K. Sylvester on Behalf of Gilardi & Co. LLC in Support re: 48 MOTION for Attorney Fees and Expenses . MOTION for Settlement and Plan of Distribution of Settlement Proceeds .. Document filed by Iron Workers Local No. 25 Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Stewart, Ellen) (Entered: 03/09/2012)

03/09/2012 53 DECLARATION of Ellen Gusikoff Stewart Filed on Behalf of Robbins Geller Rudman & Dowd LLP in Support re: 48 MOTION for Attorney Fees and Expenses . MOTION for Settlement and Plan of Distribution of Settlement Proceeds .. Document filed by Iron Workers Local No. 25 Pension Fund. (Attachments: # 1 Exhibit A)(Stewart, Ellen) (Entered: 03/09/2012)

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03/09/2012

54

NOTICE of Compendium of Unreported Authorities in Support of Motion for an Award of Attorneys' Fees and Expenses re: 50 Memorandum of Law in Support of Motion,. Document filed by Iron Workers Local No. 25 Pension Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Stewart, Ellen) (Entered: 03/09/2012)

03/23/2012 55 REPLY MEMORANDUM OF LAW in Support re: 48 MOTION for Attorney Fees and Expenses . MOTION for Settlement and Plan of Distribution of Settlement Proceeds.. Document filed by Iron Workers Local No. 25 Pension Fund. (Stewart, Ellen) (Entered: 03/23/2012)

03/30/2012 Minute Entry for proceedings held before Judge Laura Taylor Swain: Settlement Conference held on 3/30/2012. Motion to approve settlement, disburse funds and grant attorney's fees is taken under advisement. (ft) (Entered: 04/02/2012)

04/10/2012 56 AFFIDAVIT of Lara McDermott re Claims Administration Fees in Support re: 48 MOTION for Attorney Fees and Expenses . MOTION for Settlement and Plan of Distribution of Settlement Proceeds .. Document filed by Iron Workers Local No. 25 Pension Fund. (Stewart, Ellen) (Entered: 04/10/2012)

04/19/2012

04/19/2012

04/25/2012

57 TRANSCRIPT of Proceedings re: Conference held on 3/30/2012 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Toni Stanley, (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 5/14/2012. Redacted Transcript Deadline set for 5/24/2012. Release of Transcript Restriction set for 7/23/2012.Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479- LTS(McGuirk, Kelly) (Entered: 04/19/2012)

58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/30/12 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: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(McGuirk, Kelly) (Entered: 04/19/2012)

59 ORDER APPROVING PLAN OF DISTRIBUTION OF SETTLEMENT PROCEEDS: terminating (48) Motion for Attorney Fees; terminating (48) Motion for Settlement in case 1:07-cv-10617-LTS. 1. For purposes of this Order, the terms used herein shall have the same meanings as set forth in the Settlement Agreement dated September 26, 2011 (the "Stipulation"). 2. Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil Procedure, this Court hereby finds and concludes that due and adequate notice was directed to all Persons who are Class Members advising them of the Plan of Distribution and of their right to object thereto, and a full and fair opportunity was accorded to all Persons and entities who are Class Members to be heard with respect to the Plan of Distribution. No Person objected to the Plan of Distribution. 3. The Court hereby finds and concludes that the formula for the calculation of the claims of Authorized Claimants which is set forth in the Notice of Pendency and Proposed Settlement of Class Action (the "Notice") sent to Class

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Members, provides a fair and reasonable basis upon which to allocate the proceeds of the Net Settlement Fund established by the Stipulation among Class Members, with due consideration having been given to administrative convenience and necessity. The Court hereby finds and concludes that the Plan of Distribution set forth in the Notice is in all respects fair and reasonable and the Court hereby approves the Plan of Allocation. Notice and claims administration fees of up to $195,000 may be paid from the settlement fund. (Signed by Judge Laura Taylor Swain on 4/24/2012) Filed In Associated Cases: 1:07-cv-10617-LTS, 1:07-cv-11479-LTS(lmb) (Entered: 04/25/2012)

04/25/2012 60 ORDER AWARDING LEAD COUNSEL ATTORNEYS' FEES AND EXPENSES: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. All of the capitalized terms used herein shall have the same meanings as set forth in the Settlement Agreement dated September 26, 2011 (the "Stipulation"), and filed with the Court. 2. This Court has jurisdiction over the subject matter of this application and all matters relating thereto, including all members of the Class who have not timely and validly requested exclusion. 3. The Court hereby awards Lead Counsel attorneys' fees of 30% of the Settlement Fund, plus interest thereon as defined in the Stipulation, plus litigation expenses in the amount of $8,619. 68, together with the interest earned thereon for the same time period and at the same rate as that earned on the Settlement Fund until paid. The Court finds that the amount of fees awarded is fair and reasonable under the "percentage-of-recovery" method and as further set forth in this order. (Signed by Judge Laura Taylor Swain on 4/24/2012) Filed In Associated Cases: 1:07- cv-10617-LTS, 1:07-cv-11479-LTS(lmb) (Entered: 04/25/2012)

04/25/2012 61 FINAL JUDGMENT AND ORDER OF DISMISSAL Settling action. (Signed by Judge Laura Taylor Swain on 4/24/12) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 04/25/2012)

06/15/2012 62 MANDATE of USCA (Certified Copy) as to (15 in 1:07-cv-11479-LTS, 39 in 1:07-cv-10617-LTS) Notice of Appeal, filed by Eastriver Partners, Iron Workers Local No. 25 Pension Fund USCA Case Number 10-1690....that the appeal is hereby WITHDRAWN pursuant to Local Rule 42.1. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/15/2012. Filed In Associated Cases: 1:07-cv-10617- LTS, 1:07-cv-11479-LTS(nd) (Entered: 06/15/2012)

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