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

US District Court Civil Docket as of 01/31/2011 Retrieved from the court on January 24, 2012

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

CIVIL DOCKET FOR CASE #: 1:07-cv-08159-LLS

Briarwood Investments, Inc. et al v. Care Investment Trust Inc. Date Filed: 09/18/2007 Assigned to: Judge Louis L. Stanton Date Terminated: 01/31/2011 Cause: 15:78m(a) Securities Exchange Act Jury Demand: Plaintiff

Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

Lead Plaintiff

Alaska Hotel & Restaurant Employees represented by Carol Cecelia Villegas Pension Trust Fund Labaton Sucharow LLP (NYC)

140 Broadway New York, NY 10005 (212)-907-0824 Fax: (212)-818-0477 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

Paul J. Scarlato Labaton Sucharow LLP 140 Broadway New York, NY 10005 212 907 0700 Fax: 212 818 0477 Email: [email protected] ATTORNEY TO BE NOTICED

Serena Hallowell Labaton Sucharow, LLP 1201 N, Orange Street, Suite 801 Wilmington, DE 19801 (212)907-0700 Fax: (212)-818-0477

Email: [email protected] ATTORNEY TO BE NOTICED

Lead Plaintiff

Norfolk County Retirement System represented by 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] LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Christopher J. Keller Labaton Sucharow, LLP 140 Broadway New York, NY 10005 (212) 907-0853 Fax: (212) 883-7053 Email: [email protected] ATTORNEY TO BE NOTICED

Jonathan Gardner Labaton Sucharow, LLP 140 Broadway New York, NY 10005 212-907-0839 Fax: 212-818-0477 Email: [email protected] ATTORNEY TO BE NOTICED

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

Paul J. Scarlato (See above for address) ATTORNEY TO BE NOTICED

Serena Hallowell (See above for address) ATTORNEY TO BE NOTICED

Lead Plaintiff

UNITE HERE National Retirement represented by David Avi Rosenfeld Fund f/k/a Alaska Hotel & Restaurant

(See above for address)

Employees Pension Trust Fund

LEAD ATTORNEY ATTORNEY TO BE NOTICED


Plaintiff

Briarwood Investments, Inc. represented by Samuel Howard Rudman Individually

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] LEAD ATTORNEY 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

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] ATTORNEY TO BE NOTICED


Plaintiff

Briarwood Investments, Inc. on behalf of all others similarly situated

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

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

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

V.

Movant

Alaska Hotel & Restaurant Employees Pension Trust Fund

represented by Christopher J. Keller (See above for address) ATTORNEY TO BE NOTICED

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

Paul J. Scarlato (See above for address) ATTORNEY TO BE NOTICED

Movant

Massachusetts Public Pension Funds represented by Christopher J. Keller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

Care Investment Trust Inc. represented by Andrew David Kaizer McDermott, Will & Emery, LLP (NY) 340 Madison Avenue New York, NY 10017 (212) 547-5400 Fax: (212) 547-5444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Bennett Kratenstein McDermott, Will & Emery, LLP (NY) 340 Madison Avenue New York, NY 10017 (212) 547-5695 Fax: (212) 547-5444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey M. Hammer McDermott, Will & Emery 227 West Monroe Street Chicago, IL 60606 (312) 372-2000 Fax: (312) 984-7700 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Kathryn Campbell Goyer McDermott, Will & Emery, LLP (NY) 340 Madison Avenue New York, NY 10017 (212)-547-5400 Fax: (212)-547-5444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amanda J. Metts McDermott, Will & Emery, LLP (Chicago) 227 West Monroe Street Chicago, IL 60606 (312)372-2000 Fax: (312) 984-7700 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Joel G. Chefitz McDermott, Will & Emery, LLP (Chicago) 227 West Monroe Street Chicago, IL 60606 (312)-372-2000 Fax: (312) 984-7700 Email: [email protected]

ATTORNEY TO BE NOTICED

Myriam Pierre Warren McDermott, Will & Emery, LLP (Chicago) 227 West Monroe Street Chicago, IL 60606 (312)-372-2000 Fax: (312)-984-7700 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant

F. Scott Kellman represented by Andrew Bennett Kratenstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey M. Hammer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathryn Campbell Goyer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

Robert O'Neill represented by Andrew Bennett Kratenstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



Defendant

Flint D Besecker represented by Andrew Bennett Kratenstein (See above for address)

ATTORNEY TO BE NOTICED LEAD ATTORNEY



Date Filed # Docket Text

09/18/2007 1 COMPLAINT against Care Investment Trust Inc. (Filing Fee $ 350.00, Receipt Number 627248)Document filed by Briarwood Investments, Inc.(Individually), Briarwood Investments, Inc.(on behalf of all others similarly situated).(laq) Additional attachment(s) added on 9/20/2007 (Becerra, Maribel). (Entered: 09/18/2007)

09/18/2007 SUMMONS ISSUED as to Care Investment Trust Inc. (laq) (Entered: 09/18/2007)

09/18/2007 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Briarwood Investments, Inc.(Individually), Briarwood Investments, Inc.(on behalf of all others similarly situated).(laq) (Entered: 09/18/2007)

09/18/2007 Magistrate Judge Douglas F. Eaton is so designated. (laq) (Entered: 09/18/2007)

09/18/2007 Case Designated ECF. (laq) (Entered: 09/18/2007)

09/24/2007 3 ORDER FOR CONFERENCE PURSUANT TO RULE 16 (b): Initial Conference set for 12/14/2007 at 02:30 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. The parties must be prepared to discuss, a t the conference, the subjects set forth in subdivisions (b) and (c) of Rule 16. (Signed by Judge Louis L. Stanton on 9/24/2007) (jmi) (Entered: 09/25/2007)

09/25/2007 ***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] . (lb) (Entered: 09/25/2007)

10/05/2007 4 AFFIDAVIT OF SERVICE. Care Investment Trust Inc. served on 9/19/2007, answer due 10/9/2007. Service was accepted by Nicole Ali, Legal Assistant. Document filed by Briarwood Investments, Inc.(Individually). (Rosenfeld, David) (Entered: 10/05/2007)

11/13/2007 5 NOTICE OF APPEARANCE by Andrew David Kaizer on behalf of Care Investment Trust Inc. (Kaizer, Andrew) (Entered: 11/13/2007)

11/13/2007 7 MOTION for Joel G. Chefitz and Myriam Pierre Warren to Appear Pro Hac Vice. Document filed by Care Investment Trust Inc. (jco) (Entered: 11/16/2007)

11/15/2007 6 NOTICE OF CHANGE OF ADDRESS by Andrew David Kaizer on behalf of Care Investment Trust Inc.. New Address: McDermott Will & Emery LLP, 340 Madison Avenue, New York, New York, USA 10173-1922, (212) 547-5400. (Kaizer, Andrew)

F_ T (Entered: 11/15/2007)

11/16/2007 8 ENDORSED LETTER addressed to Judge Louis L. Stanton from Mario Alba, Jr. dated 11/14/07 re: The law firm of Coughlin Stoia Geller Rudman Robbins, LLP has been recently retained to represent an investor who wishes to make a motion for appointment as lead plaintiff in the above-referenced action. Counsel requests leave from complying with Your Honor's Individual Practices which require that " a premotion conference with the court before making any motion", so that they may file their motion on 11/19/07. ENDORSEMENT: Granted. Motions due by 11/19/2007. (Signed by Judge Louis L. Stanton on 11/15/07) (tro) (Entered: 11/16/2007)

11/19/2007 9 MOTION to Appoint Alaska Hotel & Restaurant Employees Pension Trust Fund to serve as lead plaintiff(s). Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund. (Attachments: # 1 Text of Proposed Order)(Alba, Mario) (Entered: 11/19/2007)

11/19/2007 10 MEMORANDUM OF LAW in Support re: 9 MOTION to Appoint Alaska Hotel & Restaurant Employees Pension Trust Fund to serve as lead plaintiff(s).. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund. (Alba, Mario) (Entered: 11/19/2007)

11/19/2007 11 DECLARATION of Mario Alba Jr. in Support re: 9 MOTION to Appoint Alaska Hotel & Restaurant Employees Pension Trust Fund to serve as lead plaintiff(s).. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund. (Attachments: # 1 Exhibit A - first notice# 2 Exhibit B - loss chart# 3 Exhibit C - certification# 4)(Alba, Mario) (Entered: 11/19/2007)

11/19/2007 12 MOTION For Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. Document filed by Massachusetts Public Pension Funds.(Keller, Christopher) (Entered: 11/19/2007)

11/19/2007 13 MEMORANDUM OF LAW in Support re: 12 MOTION For Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Massachusetts Public Pension Funds. (Keller, Christopher) (Entered: 11/19/2007)

11/19/2007 14 DECLARATION of Alan I. Ellman in Support re: 12 MOTION For Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Massachusetts Public Pension Funds. (Attachments: # 1 Exhibit A - Certifications# 2 Exhibit B - Loss Analysis# 3 Exhibit C - Class Notice# 4 Exhibit D - Labaton Sucharow LLP Firm Resume)(Keller, Christopher) (Entered: 11/19/2007)

11/19/2007 15 CERTIFICATE OF SERVICE. Document filed by Massachusetts Public Pension Funds. (Keller, Christopher) (Entered: 11/19/2007)

11/20/2007 16 ENDORSED LETTER addressed to Judge Louis L. Stanton from Alan Ellman dated 11/16/2007 re: that the requirement of a pre-motion conference be waived and that leave be granted to file the Lead Plaintiff Motion. ENDORSEMENT: So Ordered. (Signed by Judge Louis L. Stanton on 11/19/2007) (jar) (Entered: 11/20/2007)

11/21/2007 CASHIERS OFFICE REMARK on 7 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 11/13/2007, Receipt Number 632483. (jd) (Entered: 11/21/2007)

12/04/2007 17 ORDER granting 7 Motion for Joel G. Chefitz and Myriam Pierre Warren to Appear Pro Hac Vice. (Signed by Judge Louis L. Stanton on 12/4/07) (js) (Entered:

r T 12/05/2007)

12/04/2007 Transmission to Attorney Admissions Clerk. Transmitted re: 17 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js) (Entered: 12/05/2007)

12/14/2007 Minute Entry for proceedings held before Judge Louis L. Stanton: Pretrial Conference held on 12/14/2007, ( Pretrial Conference set for 1/18/2008 at 02:30 PM before Judge Louis L. Stanton.). (jp) (Entered: 01/02/2008)

01/11/2008 18 NOTICE of Withdrawal of Lead Plaintiff Motion re: 12 MOTION For Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Massachusetts Public Pension Funds. (Attachments: # 1 Affidavit of Robert E. Tierney)(Keller, Christopher) (Entered: 01/11/2008)

01/11/2008 19 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 12 MOTION For Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel., 9 MOTION to Appoint Alaska Hotel & Restaurant Employees Pension Trust Fund to serve as lead plaintiff(s).. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, Massachusetts Public Pension Funds. (Rosenfeld, David) (Entered: 01/11/2008)

01/11/2008 20 DECLARATION of David A. Rosenfeld in Support re: 12 MOTION For Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel., 9 MOTION to Appoint Alaska Hotel & Restaurant Employees Pension Trust Fund to serve as lead plaintiff(s).. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, Massachusetts Public Pension Funds. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Rosenfeld, David) (Entered: 01/11/2008)

01/11/2008 21 AFFIDAVIT of Joseph Connolly in Support of Revised Stipulation and [Proposed] Order Regarding Appointment of Co-Lead Plaintiffs and Approval of Selection of Co-Lead Counsel . Document filed by Massachusetts Public Pension Funds. (Keller, Christopher) (Entered: 01/11/2008)

01/15/2008 22 NOTICE OF APPEARANCE by Joel G. Chefitz on behalf of Care Investment Trust Inc. (Chefitz, Joel) (Entered: 01/15/2008)

01/15/2008 23 NOTICE OF APPEARANCE by Myriam Pierre Warren on behalf of Care Investment Trust Inc. (Warren, Myriam) (Entered: 01/15/2008)

01/17/2008 24 AFFIDAVIT of Alaska Hotel & Restaurant Employees Pension Trust Fund in Support re: 9 MOTION to Appoint Alaska Hotel & Restaurant Employees Pension Trust Fund to serve as lead plaintiff(s).. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund. (Russello, Joseph) (Entered: 01/17/2008)

01/18/2008 25 REVISED STIPULATION AND ORDER REGARDING APPOINTMENT OF CO-LEAD PLAINTIFFS AND APPROVAL OF SELECTION OF CO-LEAD COUNSEL: It is hereby stipulated and agreed, by and between movants Alaska and Norfolk, through their undersigned attorneys, and subject to the Court's approval, as follows: 1. Movants Alaska and Norfolk are hereby appointed Co-Lead Plaintiffs for the Class and their choice of counsel, the law firms of Coughlin Stoia and Labaton, is approved as Co-Lead Counsel (Signed by Judge Louis L. Stanton on 1/18/08) (js) (Entered: 01/22/2008)

01/18/2008

STIPULATION AND ORDER: It is hereby stipulated and agreed, by and among the undersigned counsel for Plaintiff Briarwood Investments, Inc. and Lead Plaintiff Movant Alaska Hotel & Restaurant Employees Pension Trust Fund, counsel for Defendant Care Investment Trust Inc. and counsel for Lead Plaintiff Movant Massachusetts Public Pension Funds that: 1. McDermott Will & Emery is authorized to accept service on behalf of Defendant and does hereby accept service of the summons and complaint in this action without prejudice and without waiver of defendant's defenses except as to sufficiency of service of process. 2. Because the Private Securities Litigation Reform Act, 15 U.S.C. governs this action, and it is anticipated that this and any related actions will be consolidated and a consolidated complaint will be filed after the Court appoints Lead Plaintiff, defendant is not required to respond to the complaint at this time. 3. No later than 60 days after entry of an Order appointing Lead Plaintiff and Lead Counsel, Lead Plaintiff shall filed a consolidated amended class action complaint which shall be deemed the operative complaint. Defendants shall answer or otherwise respond to the Amended Complaint within 60 days after service of the Amended Complaint. 5. Should Defendant file a motion to dismiss the Amended Complaint Lead Plaintiff shall file its opposition to any Motion to Dismiss within 60 days after service of the Motion to Dismiss. 6. Defendant shall file its reply to Lead Plaintiff's opposition to the Motion to Dismiss within 45 days after service of the opposition to the Motion to Dismiss. Accordingly, the Rule 16 statement and conference are adjourned until after the Court rules on the anticipated motion to dismiss. So Ordered. (Signed by Judge Louis L. Stanton on 1/18/08) (js) (Entered: 01/22/2008)

Minute Entry for proceedings held before Judge Louis L. Stanton: Interim Pretrial Conference held on 1/18/2008. (jar) (Entered: 01/24/2008)

01/18/2008 26

02/19/2008 27 AMENDED COMPLAINT against Care Investment Trust Inc..Document filed by Briarwood Investments, Inc.(Individually), Briarwood Investments, Inc.(on behalf of all others similarly situated).(jmi) (Entered: 02/26/2008)

04/22/2008 28 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint . Document filed by Care Investment Trust Inc.. (Attachments: # 1 Certificate of Service)(Chefitz, Joel) (Entered: 04/22/2008)

04/22/2008 29 DECLARATION of Joel G. Chefitz in Support re: 28 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint .. Document filed by Care Investment Trust Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1 - Part 2, # 3 Exhibit 1 - Part 3, # 4 Exhibit 1 - Part 4, # 5 Exhibit 1 - Part 5, # 6 Exhibit 1 - Part 6, # 7 Exhibit 1 - Part 7, # 8 Exhibit 1 - Part 8, # 9 Exhibit 1 - Part 9, # 10 Exhibit 1 - Part 10, # 11 Exhibit 1 - Part 11, # 12 Exhibit 2, # 13 Exhibit 3, # 14 Exhibit 3 - Part 2, # 15 Exhibit 3 - Part 3, # 16 Exhibit 3 - Part 4, # 17 Exhibit 4, # 18 Exhibit 5, # 19 Exhibit 5 - Part 2, # 20 Exhibit 5 - Part 3, # 21 Exhibit 5 - Part 4, # 22 Exhibit 5 - Part 5, # 23 Exhibit 6, # 24 Exhibit 6 - Part 2, # 25 Exhibit 6 - Part 3, # 26 Exhibit 6 - Part 4, # 27 Exhibit 6 - Part 5, # 28 Exhibit 7, # 29 Exhibit 7 - Part 2)(Chefitz, Joel) (Entered: 04/22/2008)

04/22/2008 30 MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint .. Document filed by Care Investment Trust Inc.. (Attachments: # 1 Part 2)(Chefitz, Joel) (Entered: 04/22/2008)

05/22/2008 31 MOTION for Amanda J. Metts and Jeffrey M. Hammer to Appear Pro Hac Vice. Document filed by Care Investment Trust Inc..(dle) (Entered: 05/23/2008)

05/29/2008 CASHIERS OFFICE REMARK on 31 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 5/22/08, Receipt Number 652179. (Quintero, Marcos) (Entered: 05/29/2008)

06/11/2008 32 ORDER granting 31 Motion for Amanda J. Metts and Jeffrey M. Hammer to Appear Pro Hac Vice. (Signed by Judge Louis L. Stanton on 6/11/2008) (jpo) (Entered: 06/11/2008)

06/11/2008 Transmission to Attorney Admissions Clerk. Transmitted re: 32 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo) (Entered: 06/11/2008)

06/19/2008 33 MOTION for Extension of Time LEAD PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO OPPOSE DEFENDANTS MOTION TO DISMISS . Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, Norfolk County Retirement System.(Keller, Christopher) (Entered: 06/19/2008)

06/19/2008 34 MEMORANDUM OF LAW in Support re: 33 MOTION for Extension of Time LEAD PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO OPPOSE DEFENDANTS MOTION TO DISMISS .. Document filed by Norfolk County Retirement System, Alaska Hotel & Restaurant Employees Pension Trust Fund. (Keller, Christopher) (Entered: 06/19/2008)

06/19/2008 35 NOTICE OF APPEARANCE by Jonathan Gardner on behalf of Alaska Hotel & Restaurant Employees Pension Trust Fund, Norfolk County Retirement System (Gardner, Jonathan) (Entered: 06/19/2008)

06/23/2008 36 ORDER GRANTING LEAD PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO OPPOSE DEFENDANT'S MOTION TO DISMISS: It is hereby ordered that, Lead plaintiff's Unopposed Motion for extension of time is hereby granted 33 . Lead Plaintiff's shall file an opposition to the Motion to Dismiss on or before July 9, 2008. Defendants shall file a reply in further support of their Motion to Dismiss on or before September 10, 2008. (Signed by Judge Louis L. Stanton on 6/20/2008) (jfe) (Entered: 06/23/2008)

07/09/2008 37 MEMORANDUM OF LAW in Opposition re: 28 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint .. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, Norfolk County Retirement System. (Keller, Christopher) (Entered: 07/09/2008)

07/09/2008 38 DECLARATION of Jonathan Gardner in Opposition re: 28 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint .. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, Norfolk County Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Keller, Christopher) (Entered: 07/09/2008)

09/04/2008 39 NOTICE OF APPEARANCE by Serena Waheed Richardson on behalf of Alaska Hotel & Restaurant Employees Pension Trust Fund, Norfolk County Retirement System (Richardson, Serena) (Entered: 09/04/2008)

09/04/2008 40 NOTICE OF CHANGE OF ADDRESS by Serena Waheed Richardson on behalf of Alaska Hotel & Restaurant Employees Pension Trust Fund, Norfolk County Retirement System. New Address: Labaton Sucharow LLP, 140 Broadway, New York, New York,

USA 10005, (212) 907-0700. (Richardson, Serena) (Entered: 09/04/2008)

09/10/2008 41 REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint .. Document filed by Care Investment Trust Inc.. (Chefitz, Joel) (Entered: 09/10/2008)

09/10/2008 42 DECLARATION of Joel G. Chefitz in Support re: 28 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint .. Document filed by Care Investment Trust Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2a, # 3 Exhibit 2b, # 4 Exhibit 2c1, # 5 Exhibit 2c2, # 6 Exhibit 2c3, # 7 Exhibit 2c4, # 8 Exhibit 2c5, # 9 Exhibit 2c6, # 10 Exhibit 2c7, # 11 Exhibit 2c8, # 12 Exhibit 2c9, # 13 Exhibit 2c10, # 14 Exhibit 2c11, # 15 Exhibit 2c12, # 16 Exhibit 2c13, # 17 Exhibit 2c14, # 18 Exhibit 2c15, # 19 Exhibit 3, # 20 Exhibit 4, # 21 Exhibit 5, # 22 Exhibit 6, # 23 Exhibit 7, # 24 Exhibit 8, # 25 Certificate of Service)(Chefitz, Joel) (Entered: 09/10/2008)

09/19/2008 43 ORDER the application for appointment as lead plaintiff having in the revised stipulation and order regarding appointment of Co-Lead plaintiffs and approval of selection of co-lead counsel so ordered on January 18, 2008 (see docket no. 25) resolves the issues raised by the motion to appoint Alaska Hotel and Restaurant employees pension trust fund to serve as lead plaintiff and the motion to appoint the Massachusetts public pension funds as lead plaintiff, those motions (docket no. 9 and 12) are dismissed. (Signed by Judge Louis L. Stanton on 9/19/08) (mme) Modified on 10/14/2008 (mme). (Entered: 09/19/2008)

10/10/2008 44 MOTION for Paul Scarlato to Appear Pro Hac Vice. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, Norfolk County Retirement System.(dle) (Entered: 10/15/2008)

10/17/2008 45 NOTICE of Change of Name. Document filed by UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Rosenfeld, David) (Entered: 10/17/2008)

10/29/2008 CASHIERS OFFICE REMARK on 44 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/10/2008, Receipt Number 665401. (jd) (Entered: 10/29/2008)

11/10/2008 46 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 44 Motion for Paul J. Scarlato to Appear Pro Hac Vice for Lead Plaintiffs Alaska Hotel & Restaurant Employees Pension Trust Fund and Norfolk County Retirement System. (Signed by Judge Louis L. Stanton on 11/10/08) (cd) (Entered: 11/10/2008)

11/10/2008 Transmission to Attorney Admissions Clerk. Transmitted re: 46 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd) (Entered: 11/10/2008)

03/04/2009 47 OPINION AND ORDER #97161: For reasons further set forth in said Order, defendants' 28 Motion to Dismiss the Amended Complaint is DENIED. 28 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint filed by Care Investment Trust Inc. (Signed by Judge Louis L. Stanton on 3/4/09) (db) Modified on 3/5/2009 (mro). (Entered: 03/04/2009)

03/16/2009 48 STIPULATION AND ORDER ENLARGING DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT: The time for Defendants to answer the First Amended Complaint in this action is hereby extended from 3/16/09, to

and including 4/15/09. (Signed by Judge Louis L. Stanton on 3/16/09) (tro) (Entered: 03/16/2009)

04/08/2009 49 NOTICE OF APPEARANCE by Amanda J. Metts on behalf of Care Investment Trust Inc. (Metts, Amanda) (Entered: 04/08/2009)

04/08/2009 50 NOTICE OF APPEARANCE by Jeffrey M. Hammer on behalf of Care Investment Trust Inc. (Hammer, Jeffrey) (Entered: 04/08/2009)

04/15/2009 51 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying CIT Group, Inc. as Corporate Parent. Document filed by Care Investment Trust Inc..(Hammer, Jeffrey) (Entered: 04/15/2009)

04/15/2009 52 ANSWER to Amended Complaint. Document filed by F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc.. Related document: 27 Amended Complaint filed by Briarwood Investments, Inc..(Hammer, Jeffrey) (Entered: 04/15/2009)

05/15/2009 53 ORDER: On the pre-conference submissions of the parties, and as directed during the Friday, May 15, 2009, preliminary conference pursuant to Fed. R. Civ. P. 16, and sufficient reason appearing, the balance of that conference is adjourned to 4:00 p.m. on Friday, June 5, 2009. By noon on Wednesday, June 3, 2009, counsel shall submit to chambers a joint statement setting forth (a) the words of the statements in the Registration Statement which plaintiff presently claims are false or misleading, (b) the facts on which plaintiff presently relies as showing that each statement was false or misleading, and (c) the facts on which defendants presently rely as showing those statements were true. The parties may add their views about the discovery procedures reasonably necessary in those connections. (Signed by Judge Louis L. Stanton on 5/15/2009) (jfe) Modified on 6/11/2009 (jfe). (Entered: 05/15/2009)

05/15/2009 Minute Entry for proceedings held before Judge Louis L. Stanton: Interim Pretrial Conference held on 5/15/2009. (mro) (Entered: 05/20/2009)

05/20/2009 54 NOTICE OF APPEARANCE by Joseph Frank Russello on behalf of Alaska Hotel & Restaurant Employees Pension Trust Fund, Norfolk County Retirement System, Briarwood Investments, Inc.(Individually) (Russello, Joseph) (Entered: 05/20/2009)

06/02/2009 55 NOTICE OF APPEARANCE by Kathryn Campbell Goyer on behalf of F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc. (Goyer, Kathryn) (Entered: 06/02/2009)

06/02/2009 56 NOTICE OF APPEARANCE by Andrew Bennett Kratenstein on behalf of F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc. (Kratenstein, Andrew) (Entered: 06/02/2009)

07/17/2009 Minute Entry for proceedings held before Judge Louis L. Stanton: Interim Pretrial Conference held on 7/17/2009. (tro) (Entered: 07/21/2009)

07/31/2009 Minute Entry for proceedings held before Judge Louis L. Stanton: Interim Pretrial Conference held and concluded on 7/31/2009. (tro) (Entered: 08/11/2009)

08/05/2009 57 STIPULATION AND ORDER OF DISMISSAL AND SCHEDULING: Plaintiffs agree that discovery will go forward regarding the single issue of the alleged false and misleading statements regarding warehouse financing. Plaintiffs discontinue, and will

not pursue discovery on or reassert in this case without prior leave of Court, their claims related to: (1) the value of the contributed Portfolio; (2) the "premium" payable to CIT Healthcare; (3) the "the skill and expertise of Care's Manager, CIT Healthcare"; (4) Care's use of securitizations; and (5) statements relating to the alleged loan in default discussed in Paragraph 30-31 of the Amended Complaint. The parties shall appear for a status conference on on 12/4/2009 at 11:00 AM before Judge Louis L. Stanton, to discuss their progress in discovery and to establish a schedule for summary judgment briefing on Defendants' liability for the alleged false and misleading statements concerning warehouse financing. Schedule attached hereto; The parties shall serve their initial disclosures as required by F.R.C.P. 26(a)(1) on or before 8/28/09. Plaintiffs shall serve their first request for the production of documents on or before 9/11/09, with responses due thirty (30) days after service. Defendants shall completed their document production on or before 11/13/09. Fact depositions shall be completed on or before 2/26/2010. (Signed by Judge Louis L. Stanton on 8/5/09) (tro) (Entered: 08/06/2009)

08/05/2009 Set Deadlines/Hearings: Deposition due by 2/26/2010. (tro) (Entered: 08/06/2009)

10/22/2009 58 NOTICE OF APPEARANCE by Carol Cecelia Villegas on behalf of Alaska Hotel & Restaurant Employees Pension Trust Fund, Norfolk County Retirement System (Villegas, Carol) (Entered: 10/22/2009)

11/06/2009 59 STIPULATED PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Louis L. Stanton on 11/5/09) (db) (Entered: 11/06/2009)

12/04/2009 Minute Entry for proceedings held before Judge Louis L. Stanton: Status Conference held on 12/4/2009 and concluded. (mbe) (Entered: 12/11/2009)

12/07/2009 60 ORDER. Counsel having appeared before me at a conference this morning, it is ORDERED that (1) On or before Friday, March 12, 2010, the plaintiff shall submit a draft pre-trial order to the defendants; (2) By twelve o'clock noon on Wednesday, April 7, 2010, the parties shall submit to chambers a joint pre-trial order, signed by all parties to the action, consisting of (1) a section containing agreed findings of fact, (2) a section containing plaintiff's proposed findings of fact with evidentiary sources, (3) a section containing defendant's proposed findings of fact with evidentiary sources, and (4) a section indicating whether the action is a jury or nonjury matter and estimating the trial time which each party will require. The parties need not submit proposed voir dire questions, proposed jury charges, or trial briefs with the joint pre-trial order. (3) A pre-trial conference will be held on Friday, April 9, 2010 at 11:00 A.M. No extensions of these deadlines will be allowed except upon a showing of good cause not foreseeable at the date of this order. Failure to comply with the terms of this order may constitute grounds for denial of requested relief, dismissal of the action or of defenses, the entry of judgment by default, or such other actions as may be just in the circumstances. (Joint Pretrial Order due by 4/7/2010., Pretrial Conference set for 4/9/2010 at 11:00 AM before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 12/4/09) (rjm) (Entered: 12/07/2009)

12/18/2009 61 MOTION for Reconsideration. Document filed by Norfolk County Retirement System, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund.(Russello, Joseph) (Entered: 12/18/2009)

12/18/2009 62 MEMORANDUM OF LAW in Support re: 61 MOTION for Reconsideration..

Document filed by Norfolk County Retirement System, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Russello, Joseph) (Entered: 12/18/2009)

12/18/2009 63 DECLARATION of Joseph Russello in Support re: 61 MOTION for Reconsideration.. Document filed by Norfolk County Retirement System, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Attachments: # 1 Exhibit A, # 2 Errata B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Russello, Joseph) (Entered: 12/18/2009)

01/04/2010 64 MEMORANDUM OF LAW in Opposition re: 61 MOTION for Reconsideration.. Document filed by F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc.. (Attachments: # 1 Arias-Zeballos Case, # 2 Burrell Case, # 3 Cobalt Case, # 4 Kingsway Case, # 5 Kiobel Case, # 6 Torres Case, # 7 Certificate of Service)(Kratenstein, Andrew) (Entered: 01/04/2010)

01/14/2010 65 REPLY MEMORANDUM OF LAW in Support re: 61 MOTION for Reconsideration.. Document filed by Norfolk County Retirement System, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Russello, Joseph) (Entered: 01/14/2010)

02/16/2010 66 MEMO ENDORSEMENT: The subpoena will be allowed, with the limitation that they shall require, of documents post dating the Registration Statement, production of only those which specifically refer to the statements in the Registration Statement or directly challenge or support their truthfulness. (Signed by Judge Louis L. Stanton on 2/11/10) (dle) Modified on 2/17/2010 (dle). (Entered: 02/17/2010)

02/22/2010 67 MOTION for Extension of Time to Complete Discovery. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund.(Russello, Joseph) (Entered: 02/22/2010)

02/22/2010 68 MEMORANDUM OF LAW in Support re: 67 MOTION for Extension of Time to Complete Discovery.. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Russello, Joseph) (Entered: 02/22/2010)

02/22/2010 69 DECLARATION of Joseph Russello in Support re: 67 MOTION for Extension of Time to Complete Discovery.. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Attachments: # 1 Exhibit A, # 2 Errata B, # 3 Exhibit C)(Russello, Joseph) (Entered: 02/22/2010)

03/03/2010 70 MEMORANDUM OF LAW in Opposition re: 67 MOTION for Extension of Time to Complete Discovery.. Document filed by F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc.. (Kratenstein, Andrew) (Entered: 03/03/2010)

03/03/2010 71 DECLARATION of Andrew B. Kratenstein in Opposition re: 67 MOTION for Extension of Time to Complete Discovery.. Document filed by F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit

J R, # 19 Exhibit S, # 20 Exhibit T)(Kratenstein, Andrew) (Entered: 03/03/2010)

03/11/2010 72 REPLY MEMORANDUM OF LAW in Support re: 67 MOTION for Extension of Time to Complete Discovery.. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Russello, Joseph) (Entered: 03/11/2010)

03/11/2010 73 DECLARATION of Joseph Russello in Support re: 67 MOTION for Extension of Time to Complete Discovery.. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H, # 6 Exhibit I, # 7 Exhibit J, # 8 Exhibit K, # 9 Exhibit L, # 10 Exhibit M)(Russello, Joseph) (Entered: 03/11/2010)

03/16/2010 74 ORDER granting 67 (Motion for Extension of Time to Complete Discovery) MOTION TO EXTEND THE FEBRUARY 26, 2010 END DATE OF FACT DISCOVERY AND THE DATES SET FORTH IN THE DECEMBER 4, 2009 ORDER. The end date of fact discovery is extended from February 26, 2010 to April 23, 2010; on or before Friday, May 14, 2010, Plaintiffs shall submit a draft pre-0trial order to the defendants. By By twelve o'clock noon on Wednesday, June 9, 2010, the parties shall submit tochambers a joint pre-trial order, signed by all parties to the action, consisting of (1) a section containing agreed findings of fact, (2) a section containing Plaintiffs' proposed findings of fact with evidentiary sources, (3) a section containing defendants' proposed findings of fact with evidentiary sources, and (4) a section indicating whether the action is a jury or nonjury matter and estimating the trial time which each party will require, provided, however, that the parties need not submit proposed voir dire questions, proposed jury charges, or trial briefs with the joint pre-trial order; A pre-trial conference will be held on Friday, June 11, 2010 at 12 noon; No extensions of this schedule shall be granted absent good cause shown. (Signed by Judge Louis L. Stanton on 3/15/10) (djc) (Entered: 03/16/2010)

03/16/2010 Set Deadlines/Hearings: Joint Pretrial Order due by 6/9/2010. Pretrial Conference set for 6/11/2010 at 12:00 PM before Judge Louis L. Stanton. (djc) (Entered: 03/16/2010)

03/16/2010 Set Deadlines/Hearings: Fact Discovery due by 4/23/2010. (djc) (Entered: 03/16/2010)

03/22/2010 75 NOTICE of Change of Firm Name. Document filed by Alaska Hotel & Restaurant Employees Pension Trust Fund, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Russello, Joseph) (Entered: 03/22/2010)

06/09/2010 76 NOTICE of Joint Statement of Facts. Document filed by F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc.. (Attachments: # 1 Joint Statement of Facts - Part 2, # 2 Joint Statement of Facts - Part 3)(Kratenstein, Andrew) (Entered: 06/09/2010)

06/11/2010 Minute Entry for proceedings held before Judge Louis L. Stanton: Status Conference held on 6/11/2010. (mro) (Entered: 06/14/2010)

06/29/2010 77 SUMMARY JUDGMENT BRIEFING SCHEDULE STIPULATION AND ORDER: Defendants shall file and serve their motion for summary judgment on or before 7/9/2010. Defendants shall file and serve their opposition to Defendnats' motion for

summary judgment on or before 8/6/2010. Defendants shall file and serve any reply in support of their motion for summary judgment on or before 8/27/2010. (Signed by Judge Louis L. Stanton on 6/29/2010) (tro) (Entered: 06/29/2010)

07/09/2010 78 MOTION for Summary Judgment. Document filed by F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc..(Kratenstein, Andrew) (Entered: 07/09/2010)

07/09/2010 79 DECLARATION of Andrew B. Kratenstein in Support re: 78 MOTION for Summary Judgment.. Document filed by F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc.. (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, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91)(Kratenstein, Andrew) (Entered: 07/09/2010)

07/09/2010 80 RULE 56.1 STATEMENT. Document filed by F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc.. (Kratenstein, Andrew) (Entered: 07/09/2010)

07/09/2010 81 MEMORANDUM OF LAW in Support re: 78 MOTION for Summary Judgment.. Document filed by F. Scott Kellman, Robert O'Neill, Flint D Besecker, Care Investment Trust Inc.. (Kratenstein, Andrew) (Entered: 07/09/2010)

07/30/2010 82 AMENDED SUMMARY JUDGMENT BRIEFING SCHEDULE STIPULATION AND ORDER: 1. Plaintiffs shall file and serve any opposition to Defendants' motion for summary judgment by August 20, 2010; and 2. Defendants shall file and serve any reply in support of their motion for summary judgment by September 17, 2010. Set Deadlines as to 78 MOTION for Summary Judgment: (Responses due by 8/20/2010. Replies due by 9/17/2010.) (Signed by Judge Louis L. Stanton on 7/30/10) (db) (Entered: 07/30/2010)

08/20/2010 83. MOTION to Seal Document Summary Judgment Opposition/Counterstatement . Document filed by Norfolk County Retirement System, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Attachments: # 1 Text of Proposed Order)(Rosenfeld, David) (Entered: 08/20/2010)

08/20/2010 84 MEMORANDUM OF LAW in Support re: 83 MOTION to Seal Document Summary Judgment Opposition/Counterstatement .. Document filed by Norfolk County

Retirement System, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Rosenfeld, David) (Entered: 08/20/2010)

08/23/2010 85 MEMORANDUM OF LAW in Opposition re: 78 MOTION for Summary Judgment.. Document filed by Norfolk County Retirement System, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Rosenfeld, David) (Entered: 08/23/2010)

08/23/2010 86 COUNTER STATEMENT TO 80 Rule 56.1 Statement. Document filed by Norfolk County Retirement System, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Rosenfeld, David) (Entered: 08/23/2010)

08/23/2010 87 DECLARATION of David A. Rosenfeld in Opposition re: 78 MOTION for Summary Judgment.. Document filed by Norfolk County Retirement System, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Attachments: # 1 Exhibit 1 - 34, # 2 Exhibit 35 - 122, # 3 Exhibit 123, # 4 Exhibit 123 (cont'd) - 127)(Rosenfeld, David) (Entered: 08/23/2010)

08/23/2010 88 CERTIFICATE OF SERVICE of unredacted copies of Lead Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment, Counterstatement of Material Facts in Opposition to Defendants' Motion for Summary Judgment and Declaration of David A. Rosenfeld served on Defendants on 8/20/2010. Service was made by Mail. Document filed by Norfolk County Retirement System, UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (Rosenfeld, David) (Entered: 08/23/2010)

09/01/2010 89 ORDER granting 83 Motion to Seal Document. Lead Plaintiffs Unite Here National Retirement Fund and Norfolk County Retirement System's motion for an order granting them leave to file under seal: (1) Lead Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment, and (2) Counterstatement of Material Facts in Opposition to Defendants' Motion for Summary Judgment, and the exhibits attached thereto, is GRANTED. (Signed by Judge Louis L. Stanton on 8/27/2010) (tro) (Entered: 09/01/2010)

09/01/2010 Transmission to Sealed Records Clerk. Transmitted re: 89 Order on Motion to Seal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. (tro) (Entered: 09/01/2010)

09/02/2010 90 SEALED DOCUMENT placed in vault.(nm) (Entered: 09/02/2010)

09/17/2010 91 REPLY MEMORANDUM OF LAW in Support re: 78 MOTION for Summary Judgment.. Document filed by Flint D Besecker, Care Investment Trust Inc., F. Scott Kellman, Robert O'Neill. (Kratenstein, Andrew) (Entered: 09/17/2010)

09/17/2010 92 DECLARATION of Andrew B. Kratenstein in Support re: 78 MOTION for Summary Judgment.. Document filed by Flint D Besecker, Care Investment Trust Inc., F. Scott Kellman, Robert O'Neill. (Attachments: # 1 Exhibit 1)(Kratenstein, Andrew) (Entered: 09/17/2010)

12/29/2010 93 OPINION AND ORDER #99791 re: Granting defendants' 78 MOTION for Summary Judgment. The Clerk is directed to enter judgment accordingly. By January 15, 2010, the lead plaintiffs shall submit to this Court a letter addressing which of the redacted

documents submitted in opposition to the motion should remain redacted, and the reason (if any) for each document's continued redaction. (Signed by Judge Louis L. Stanton on 12/22/10); (djc) Modified on 12/29/2010 (djc). Modified on 12/30/2010 (ajc). (Main Document 93 replaced on 12/30/2010) (ad). (Entered: 12/29/2010)

01/13/2011 94 STIPULATION AND ORDER: Plaintiffs hereby waive any and all appeal rights that they have in the Action, including, without limitation, the right to appeal any portion of the Summary Judgment Order or a final judgment entered by the clerk in connection therewith. Defendants hereby waive any and all rights that they have to seek sanctions of any form against Lead Plaintiffs or their counsel in connection with the Action. (Signed by Judge Louis L. Stanton on 1/12/2011) (jpo) (Entered: 01/13/2011)

01/18/2011 95 ORDER: All documents previously filed under seal in opposition to the defendants' motion for summary judgment shall forthwith be filed publicly in their unredacted form. (Signed by Judge Louis L. Stanton on 1/18/2011) (jfe) (Entered: 01/18/2011)

01/18/2011 Transmission to Sealed Records Clerk. Transmitted re: 95 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jfe) (Entered: 01/18/2011)

01/18/2011 96 MEMORANDUM OF LAW in Opposition re: 78 MOTION for Summary Judgment. Document filed by UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (previously filed under seal as doc #90) (cd) (cd). (Entered: 01/20/2011)

01/18/2011 97 DECLARATION of David Rosenfeld in Support re: 96 Memorandum of Law in Opposition to Motion. Document filed by UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (previously filed under seal as doc #90) (cd) (cd). (Entered: 01/20/2011)

01/18/2011 98 COUNTER STATEMENT TO 80 Rule 56.1 Statement. Document filed by UNITE HERE National Retirement Fund f/k/a Alaska Hotel & Restaurant Employees Pension Trust Fund. (previously filed under seal as doc #90) (cd) (cd). (Entered: 01/20/2011)

01/31/2011 99 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated December 22, 2010, defendants' motion for summary judgment is granted. (Signed by Clerk of Court Ruby Krajick on 1/31/11) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 02/03/2011)

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